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Draft Min. 1-12-09MINUTES REGULAR CITY COMMISSION MEETING January 12, 2009 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 Recording Secretary Nancy E. Bailey 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. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of December 8, 2008. Motion: Anarove the minutes of the Regular Commission Meeting of December 8, 2008, as written. Moved by Borno, seconded by Fletcher. Votes: Aye: S -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Donna Deegan -Marathon Report. Donna Deegan recapped last yeaz's race and thanked the citizens of Atlantic Beach for their support during the marathon. She further reported on this year's marathon to be held on February 15, 2009 and distributed information on the race. She then took questions from the Commission. Commissioner Fletcher asked if the route was the same as last year. Mrs. Deegan stated the route will remain the same through Atlantic Beach. Commissioner Bomo stated his neighborhood is looking forwazd to the marathon. Commissioner Parsons congratulated Mrs. Deegan for doing such a great job on the marathon. Mayor Meserve stated the City looks forwazd to the marathon. Mrs. Deegan stated emails sent to www.breastcancermazathon.com come directly to her and she will answer them. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Pat Pillmore, 995 Camellia St., addressed the Commission regazding the chain link fences stating she personally finds them aesthetically acceptable. She stated you can grow morning glories and climbing roses on them, they have sturdy gates that can be locked, they prevent trash from blowing onto the premises, and they protect properties January 12, 2009 REGULAR COMMISSION MEETING Page 2 from crime. She believes the Commission just likes to get real nice people mad and one day they will rise up and sue the City again. Marcia Brown, 523 Clippership Lane, addressed the Commission regazding several suggestions, including midnight basketball, installing shuffleboard courts, and horseshoes. She further believes the corner at Mayport Road and Atlantic Blvd would be perfect for the new police station. She also asked why the City does not have a Senior Center. Sally Clemens, 1638 Park Terrace West, addressed the denials of waivers for the businesses regazding their chain link fences. She believes City business should be done with different procedures, stating citizens want input and the research by City staff to learn how and what cities do assists our City development. She further stated, in the past, the Commission has invited neighborhoods to offer suggestions. She stated the citizens were never told whether there was a meeting with the Mayport business owners to let them voice a compromise for beautifying Mayport Road while at the same time protecting their businesses with good security. She further asked how many did comply by removing the fences before the five yeaz deadline. She stated a governing body is not inconsistent if it changes ordinances or part of the ordinance. She noted the community character FAR was changed within months of this commission taking office and suggested a revision of this ordinance is justified because of hazdships created by the present economy. She believes revisiting the sign ordinance might be wise but agrees street numbers on businesses should be enforced so the address numbers can be seen from moving vehicles, which is a safety issue. She stated she wants a government for the people and by the people. 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 Meeting A. City Manager's Follow-up Report. City Manager Hanson reported on complaints received regazding the reliability of the electric system. He stated he and the Mayor met with JEA executives to ask them to look into their system reliability and consider options to improve it. He stated they have received a response, which is attached to the agenda. and will have to wait until we have a storm to see if these improvements help with the reliability of the service. 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 1N THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. TF 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 January 12, 2009 REGULAR COMMISSION MEETING Pace 3 A. Acknowledge receipt of Monthly Financial Report for November 2008, Utility Sales Report for November 2008 and List of Business Tax Receipts for December 2008. B. Approve Amendment Number Three to Interlocal Agreement for the distribution of 9-1-1 funds and authorize the Mayor to sign the paperwork. Mayor Meserve read the Consent Agenda. Commissioner Pazsons asked that Item A be pulled. Motion: Aourove Consent Agenda Item B as read. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Parsons stated he believes the Commission needs to take a close look at the financial numbers during the strategic planning next month. Commissioner Fletcher asked about the variances in the general and police pension funds and what is the. percentage they represent. Finance Director Nelson Van Liere explained the investment balances were represented on the following page. Commissioner Fletcher asked when the reductions in asset values are going to come back in the form of requiring a big contribution into the pensions to bring their funding ratios in line. Mr. Van Liere stated each yeaz during the audit they send the information to the actuary along with all of the employment changes, and they give us a report sometime in February where they explain what next year's budget amount is for the contribution. He stated the investment losses and gains are typically spread out over four years, so when we take a tremendous hit, as we have, we will see about a fourth of it worked into the calculation and amortized over four years. Commissioner Fletcher asked if it is fair to assume the City will have a big number that will be coming up as compared to prior years. He stated he has been assuming that but we will find out soon. Mr. Hanson stated it is about a 16% decrease in the investrnents on the general fund and stated this will be on the list of topics at the strategic planning workshop. Mayor Meserve stated we are better off than most cities. Motion: Anurove Consent Agenda Item A as read. Moved by Parsons, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Jannarv 12, 2009 REGULAR COMMISSION MEETING Pace 4 Action on Resolutions 6. Action on Resolutions A. Resolution No. 09-01 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING AND PROTESTING THE EFFORTS OF MIAMI-DADE COUNTY TO AMEND OR LIMIT THE ABILITIES OF CITIES IN FLORIDA TO SET THEIR OWN WATER AND WASTEWATER RATES Mayor Meserve read Resolution No. 09-01 by title only. Motion: Approve Resolution No. 09-01 as read. Moved by Borno, seconded by Parsons. City Manager Hanson explained State law presently gives cities the ability to set their rates for outside city customers at 25% higher and the Miami-Dade County group does not agree and is trying to get the legislature to prohibit cities from chazging outside city water rates that are any higher than the inside city rates. He stated this resolution has been prepazed to oppose any change in the State law. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Resolution No. 09-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH SUPPORTING THE CONTINUED OPERATION OF GENERAL JOSEPH FINEGAN ELEMENTARY SCHOOL UNTIL NAVY PLANNING FOR FUTURE PERSONNEL ASSIGNMENTS AT NAVAL STATION MAYPORT IS FORMALIZED AND THE LONG TERM NEED FOR THE SCHOOL CAN BE PROPERLY EVALUATED Mayor Meserve explained this has been added to the agenda as an emergency resolution stating the School Boazd is meeting twice tomorrow, once in a workshop to talk about budget and school closures and again tomorrow night. He believes we need to get this resolution in to them if we are going to have influence in the outcome concerning Finegan School. Motion: Declare Resolution No. 09-02 an Emergency and take action tonight Moved by Woods, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve read Resolution No. 09-01 by title only. He further explained the Resolution and stated he supports not closing Finegan School at this point in time. January 12.2009 REGULAR COMMISSION MEETII~TG Page 5 Motion: Aaorove Emeraencv Resolution No. 09-O1 as read. Moved by Bomo, seconded by Woods Commissioner Parsons stated there will be two meetings tomorrow at the School Board building; a workshop at 11:00 a.m. which will be an informational meeting that the public can attend but not speak at, and a public hearing tomorrow night from 6:00 - 8:00 pm where citizens can give their input on the school closings. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 95-09-98, Public Hearing and Final 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. 95-09-98 by title only. Motion: Auurove Ordinance No. 95-09-98 as read. Moved by Bomo, seconded by Parsons. Mayor Meserve opened the Public Hearing. No one from the audience spoke, so the Mayor closed the Public Hearing. Commissioner Woods expressed concern regarding several issues including wetlands, surveys, administrative tasks, notification to adjacent property owners, and emergency situations, which Planner Erika Hall clarified for her. Commissioner Woods further stated she believed Sec. 23-31 (f), unauthorized clearing of developed lots, should be deleted entirely. Motion: Amend Ordinance No. 95-09-98 to strike Sec. 23-31(fl Moved by Woods, Seconded by Fletcher Following questioning from Commissioner Fletcher, Ms. Hall explained a property owner can remove all trees from their developed property, but will then have to plant January 12.2009 REGULAR COMMISSION MEETING Pace 6 back to meet the minimum standards of the City. Discussion ensued and the Mayor called for a vote. Votes: Aye: 1-Woods Nay: 4 - Borno, Fletcher, Meserve, Parsons MOTION FAILED Commissioner Woods continued with her concerns, including palms replacing shade trees and requirements for large scale projects, which were also explained by Ms. Ha11. The process for the approval of ordinances was explained by Mayor Meserve and reiterated by Commissioner Parsons. City Manager Hanson explained to the Commission, in order to incorporate the changes made since the last meeting, they will need to vote to amend the Ordinance. Without the amendment, they will be voting on the original Ordinance that was voted on for first reading on December 8, 2009, not the strikethroughs and underline changes. Mayor Meserve asked that Commissioner Borno amend the motion originally moved. Amended Motion: Approve Ordinance No. 95-09-9$ as read by title and as presented tonisht with amendments Moved by Borno, seconded by Parsons. Votes: Aye: 4 - Borno, Fletcher, Meserve, Parsons Nay: 1-Woods MOTION CARRIED B. Ordinance 31-09-07, Public Hearing and Final 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 (Public Hearing and Final 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.) Mayor Meserve read Ordinance No. 31-09-07 by title only. Motion: Approve Ordinance No. 31-09-07 as read. Moved by Fletcher, seconded by Borno. Mayor Meserve opened the Public Hearing. January 12.2009 REGULAR COMMISSION MEETING PaEe 7 No one from the audience spoke so Mayor Meserve closed the public hearing. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Branholm appeal of Tree Boazd mitigation. City Manager Hanson explained that City Attorney Jensen and he prepazed an agreement that has been signed by Mr. Branholm which, if approved by the Commission, will be signed by the City and recorded. He further explained the details of the agreement and background of the mitigation. Motion: Aourove Aereement and Authorize City Manager to Sign. Moved by Borno, seconded by Parsons. Commissioner Parsons stated he believes the date of completion should be changed to 2009. After further discussion, Commissioner Parsons withdrew his objection to the date of completion. Mr. Jensen further explained this agreement is a personal contractual obligation of Mr. Branholm and if he does not honor the contract he will be in breach and can be sued. He stated it is not a lien against the property because he does not own the property. He further explained there is not a money judgment as a matter of law entered against Mr. Branholm and only would be if Mr. Branholm violates the agreement. Votes: Aye: 4 -Borno, Fletcher, Meserve, Parsons Nay: 1-Woods MOTION CARRIED B. Chain-link fences on residential lots within Commercial Zoning Districts. Community Development Director Sonya Doerr explained the City has no prohibition against chain link fences on residential properties that aze residentially zoned, however, there are three residentially developed properties with chain link fences on Mayport Road that have commercial zoning. She stated techtucally the Ordinance does apply to these three properties and presented slides of the properties. She stated staff is asking for direction on how they aze to handle these subject properties. Mayor Meserve stated the Commission had two decisions to make: (1) since they are private residences, let them go, which he does not believe seems fair to those who have taken their fences out, or (2) decide how to enforce the rules and whether to cut them some time slack to give them a chance to take a look at it and see what they want to do. Jauuarv 12, 2009 REGULAR COMMISSION MEETING Pale 8 Commissioner Woods asked what the designation is for the properties in the Comprehensive Plan. Ms. Doerr stated it is designated low density residential but the zoning is commercial. Ms. Doerr further explained that single family residential is a permitted use in commercial zoning. She stated this is a residential subdivision, has always been residential and she believes the more logical zoning would be single family residential, which it was zoned until the mid-1980s. She stated if the Commission rezoned the property to residential it wouldn't be subject to the fence regulations but, at the same time, these are visible properties right on Mayport Road. City Attorney Jensen explained the properties on the Mayport Corridor that were part of the Ordinance when passed were given four years to cure the chain link fences and these properties were included because they are zoned commercial. He stated it is the same as the business owners who came for a waiver and if the Commission starts making changes far these three properties they will open a can of worms they do not want to open. He stated these properties have to be treated the same as the other properties have been treated. He stated if the Commission wants to grant some additional time for these people, he believes they would have to grant the same additional time for everyone else who asked for waivers. Mayor Meserve stated the difference is that they can show all of the commercial properties were noticed that they had four years to comply and these people may or may not have been under that. He stated they do not know whether they were told they were part of it since they weren't commercial buildings. Mr. Jensen stated, although that may be true, if the City sent out notices by mail to these property owners along Mayport Road, that was above and beyond what the City had to do. He stated when the Ordinance was passed, it was posted and there were public hearings and that is all the City is legally required to do. He stated in this case, as in a lot of cases, the City went above and beyond the legal requirements, but that would not create an exemption for a piece of property nor an automatic extension of additional time. Ms. Doerr confirmed the City did meet the statutory notice requirement and the notice requirement of the Ordinance. Mayor Meserve recommended directing staff to tell the property owners they have to comply with the Ordinance by either removing their fence or moving it back twenty feet and inform them they have the right to apply for a time waiver. Commissioner Parsons agreed. Commissioner Borno stated the property owners should be made awaze there is a fee attached to applying for a waiver. C. Fleet Management System (Automated Vehicle Locator). Assistant City Manager David Thompson explained the Fleet Management System and recommended entering into an agreement with Fleetmatics for their Automated Vehicle Locator System, starting with the Police fleet and going to the rest of the City's fleet in the near future. Mr. Thompson answered several questions from the Commission. Discussion ensued regarding whether this needed to be sent out for competitive bidding and Mr. Hanson explained there is an exemption in the bid regulations related to computer software and also the cost is under the $25,000 threshold for requiring bids. He further stated Mr. Thompson had received and included in his report written quotes from several companies. January 12.2009 REGULAR COMMISSION MEETING Page 9 Motion: Approve entering into an agreement with Fleetmatics to provide an Automated Vehicle Locator System for twenty-five (25) vehicles. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Recommended Budget Amendments. City Manager Hanson explained the recommended budget amendments stating if this was acceptable, staff will prepare a budget amendment to be brought back to the next meeting. It was the consensus of the Commission to authorize staff to prepare a budget amending ordinance for first reading. E. Authorize financing for Utility System improvements. Finance Director Nelson Van Liere gave an overview of his staff report and recommended proceeding with Dunlap & Associates, Inc. to secure the bank loan for the utility system improvements. Motion: Authorize City Manager to proceed with Dunlap & Associates, Inc to secure a $10,000,000 loan for utility system improvements. Moved by Borno, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the City has a new website which is easier to use. He also reported there was another alcohol deployment in mid-December and for the second time in recent months the police found no businesses who sold alcohol to minors. Mr. Hansen further reported there will be a bus tour of the Mayport Corridor next Tuesday, January 20, 3:00 - 5:00 p.m. for the Commission, key staff members, and the media to tour the area to see what has been accomplished and what still needs to be completed. He asked any members of the media who would like to join the bus tour to contact Yvonne Calverley. He also stated if there is space available, any citizens who would like to join in are welcome. Mr. Hanson announced the Strategic Planning workshops have been scheduled for February 2-3, 2009 at the Adele Grage Center beginning at 5:00 p.m. Jannarv 12, 2009 REGULAR COMMISSION MEETING Page 10 Lastly, Mr. Hanson reported there was a tree event held at Jordan Park last Saturday, which included an azborist on site to answer questions, demonstrations on proper tree planting, and the adopt-a-tree program. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Appointments to the Cultural Arts and Recreation Advisory Committee. Commissioner Borno stated the Boazd Member Review Committee recommended appointing Jeff Wight to the Cultural Arts and Recreation Advisory Committee to fill John Longbottom's unexpired term ending July 8, 2009 and reappointing him to an additional term, with an alternate choice of Jonathan Daugherty. Motion: Apaoint Jeff Wight to the Cultural Arts and Recreation Advisory Committee to fill John Longbottom's unexaired term ending July 8, 2009 and reaneointing him to an additional term. Moved by Borno, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Appointments to the Tree Conservation Boazd. Commissioner Borno stated there were two positions that were going to expire and both applicants asked that they be considered for reappointment and the Boazd Member Review Committee recommended Stephanie Catania and Jim McCue for reappointment for another term. Motion: Reauuoint Stephanie Catania and Jim McCue to the Tree Conservation Board for an additional term. Moved by Woods, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno stated there was one opening on the Tree Conservation Board due to the resignation of Carol Varney and the Board Member Review Committee interviewed Frank Redmond who was their first choice recommendation to fill the vacancy. He stated their alternate choice was Jonathan Daugherty. Motion: Anaoint Frank Redmond as a new member to the Tree Conservation Board for atwo-year term beginning February 1, 2009. Moved by Borno, seconded by Fletcher. January 12.200'9 REGULAR COMMISSION MEETING Page 11 Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno • Announced Martin Luther King events will be held Sunday, January 18, at 4:00 p.m. at St. Andrews AME, not at St. Paul's by the Sea Episcopal as the newspaper stated. Commissioner Parsons • Asked status of lighting upgrades on Main Street. Chief Classey stated they have been upgraded. Stated tide clock is not working again. coming. Mr. Hanson stated a new movement is Mayor Meserve • Spoke with Mayor Harriett Pruett about a joint meeting regarding the Town Center artwork and will send a copy of the email he sent her to the Commission. • Stated when the Commission goes through the Strategic Planning session they should look at multiple years on fmancing and also address what they are going to do to make sure they have budget reserves for the pension fund requirements. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:40 p.m. ATTEST: Donna L. Bartle, CMC City Clerk John S. Meserve, Mayor/Presiding Officer