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