Draft Min 2-23-09MINUTES
REGULAR CITY COMMISSION MEETING
February 23, 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 Carolyn 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 February
9, 2009.
Motion: Aunrove the minutes of the Regular Commission Meeting of February 9,
2009. as written.
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 read and presented a proclamation to Richard and Patricia Bell, parents
of Evan Patrick Bell who passed away on February 6, 2009 from a brain tumor,
proclaiming March 10, 2009 as Evan Patrick Bell Day.
Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the
audience and explained the process for public comments.
Milton "Barge" Hall, 685 Amberjack, announced he is undertaking a worldwide
fitness promotion event that will attempt to set the record for the Guinness World Book
of Records for the lazgest kids' workout. He explained the mission of this attempt is to
help spread awazeness of childhood obesity, inactivity, and fighting back against
childhood diabetes and other related diseases. He stated he is particularly interested in
setting this record in Atlantic Beach because he grew up here and the Parks and
Recreation system is outstanding. He asked the Commission to support his efforts.
Julie Weber, 387 8t6 Street, presented a slide show on her chickens, Penny and
Hester. She stated hens are docile, social creatures; they offer a sustainable source of
protein; aze beneficial for composting and organic gardening; are great hunters of
insects, grubs and lizards, reducing the need for pesticide applications; and are
economical. She stated there is currently a movement on to allow chickens in urban
locations. She stated she was proposing an amendment to the current ordinance to
February 23, 2009... __ REGULAR COMMISSION MEETING Pace 2
allow keeping up to three hens per household as pets, but no roosters. She further
stated the ordinance should include that the hens would need to be kept confined in a
coop, pen or cage, which would need to be kept clean at all times and free from
disagreeable odors.
Wally Sears, 807 2°d Street S., Jacksonville Beach, spoke in favor of allowing
chickens, citing fresh eggs, composting and decrease in insects as the benefits. He
urged the Commission to consider allowing chickens.
Phil Ghiotto, 1528 Park Terrace West, addressed the Commission regazding
Johansen Pazk, stating there is and has been excessive trimming of trees and vegetation
in the park and encouraged the City to develop a policy for maintenance of the City's
pazks.
Jim Stehr,1752 Sea Oats Drive, spoke regarding property rights and chickens, stating
the ordinances should be changed to allow people to do what they want with their
property as long as it doesn't impose real costs on their neighbors.
Geoffrey Selhorst, 388 8th Street, stated he is the next door neighbor to the Webers
and is in favor of allowing them to have their chickens. He urged the Commission to
pass an ordinance allowing a small number of hens. He stated the chickens aze not
noisy and aze not a nuisance to the neighborhood. He further suggested a book,
Omnivore's Dilemma, which talks about the history of food and what happens in the
production of our food today. Mr. Selhorst then read from the newsletter, Earthwise,
from the Union of Concerned Scientists, "In the United States, antibiotics used in
human medicine are routinely added to the feed of healthy livestock and poultry to
promote growth and compensate for overcrowded and unsanitary conditions in
confined animal feeding operations. Bacteria that are constantly exposed to antibiotics
develop resistance to these drugs, making human illnesses more costly and difficult to
treat." He stated allowing chickens is a situation where it is very easy to allow people
to create their own food and again urged the Commission to consider revising the
ordinance to allow for a small number of hens.
Mayor Meserve explained the Commission can take no action on the chickens tonight
and cautioned that changing the ordinance sets a precedent but stated they will take this
action into consideration. Commissioner Fletcher stated, although he was originally
against the chickens, he could find no credible reseazch against allowing the chickens
and from his research he now believes it is doable. Commissioner Woods stated she
agrees chickens are a good thing and believes they should direct staff to prepaze an
amended ordinance allowing chickens. Commissioner Borno stated they should come
to consensus among the Commission before they direct staff but would also need to
contemplate whether this is allowed in back yards or front yards. Commissioner
Parsons stated he believes a lot more research on concerns such as noise, whether there
is any bacterial pollution from the water runoff, etc., needs to be done before the
Commission can support this action.
No one else from the audience spoke so Mayor Meserve closed the Courtesy of the
Floor to Visitors.
February 23 2009 REGULAR COMMISSION MEETING Pase 3
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous
Meeting A. City Manager's Follow-up Report.
City Manager Jim Hanson reported water sales have been going down due to voluntary
conservation and more efficient plumbing fixtures being installed, with a declining
trend over the past nine years. He further stated the average water consumption per
customer is down 32% compared to nine years ago. He stated conserving water has
both good and bad sides to it. He explained it is good for the environment and saves
resources for future growth, which will probably not be in Atlantic Beach because the
city is pretty much built out. He stated, however, the City still has the same amount of
lines to repair and the same amount of plants to maintain, etc., and as the sales volumes
drop, rates have to go up to maintain the system.
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 DESII2ED,
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 Report and Utility Sales Report for
January 2009 and Public Works and Utility Departments Project Status Report
as of February S, 2009.
Mayor Meserve read the Consent Agenda.
Motion: Approve 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
None.
Action on Ordinances 7. Action on Ordinances
None.
Miscellaneous 8. Miscellaneous Business
Business
A. Report on new irrigation restrictions.
February 23, 2009 REGULAR COMMISSION MEETING Page 4
Public Utilities Director Donna Kaluzniak explained the new irrigation restrictions and
exceptions resulting from a new landscape watering rule passed by the St. Johns River
Water Management District. Answering a question from Commissioner Woods, Ms.
Kaluzniak explained these restrictions include private wells, but water from stormwater
ponds and heat pumps used for irrigation is excluded.
B. Awazd of bid for annual landscape maintenance contract.
Public Works Director Rick Carper explained this contract has changed from practices
in the past where the Public Works streets division was done by one contractor and the
pazks had a sepazate landscape contractor and there was a third contractor responsible
for pest management. He stated since the maintenance of the Parks is now under
Public Works they have rolled everything into one contract. His recommendation was
to award the contract to R&D Landscape & Irrigation. Mayor Meserve asked if the
contract includes maintenance of the medians on Mayport Road. Mr. Carper stated it
does and that Jacksonville has indicated their intent to piggyback on our contract so the
medians will be maintained by the same contractor for the full length of the road.
Motion: Accept R&D Landscape. & Irrigation's proposal at their current price.
Moved by Parsons, Seconded by Borno.
Commissioner Borno stated after hearing that some are unhappy with the way the City
has been maintaining the parks, he wondered whether removal of poison ivy was
included in the contract. Mr. Carper stated no, any removal of vines, etc. is done by
City employees. Commissioner Borno stated, after the contract is awarded, he would
be interested in knowing what they are told they aze supposed to do so he can answer
inquiries in the future. Mr. Carper stated this contractor is only to pick up debris on the
ground and mow; everything else is done by City forces.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Selection of architect for police building and approval to conduct special needs
assessment, prepaze illustrations and cost estimate.
Assistant City Manager David Thompson went over the highlights of his staff report
explaining the process for selecting an architectural firm for the police building. He
further outlined staff's recommendations for the Commission's approval of the top
three list which authorizes staff to negotiate with those firms for professional services,
and authorization of specific professional services from Architect Design Crroup for a
proposed fee of $35,000. Mr. Thompson then answered questions from the
Commission.
Motion: Authorize Staff to negotiate a contract with the top three firms, starting
at the top with Architect Design Group, and approve the recommended work to
be accomplished by Architect Design Group for a proposed fee of $35,000.
February 23.2009 REGULAR COMMISSION MEETING Pace 5
Moved by Borno, Seconded by Fletcher
Commissioner Borno asked and it was confirmed by Mr. Thompson that Architect
Design Group was the firm who did the basic survey originally. Mr. Thompson stated
the original information they provided was very generic and to do a proper spatial
analysis they actually have to meet with staff, see who performs what functions, and it
is far more detailed than what has been received up to this point. Mr. Thompson stated
he believes their original assessment of an 18,000 s.f. building is not needed and those
costs can be considerably reduced. Commissioner Woods asked for clarification of
what was being voted on and Mr. Thompson explained the specifics.
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 there will be a joint meeting with Neptune Beach tomorrow night,
February 24, at 6:00 p.m. at Adele Grage to discuss the proposed artwork to be located
in the roundabout in Town Center. He further reported there will be a training session
on pazliamentary procedures for the Boazds and Committees on Wednesday night,
February 25, in the Commission Chamber.
Mr. Hanson also reported the City received 493 applications for the Administrative
Assistant position in the Police Department.
Mr. Hanson stated the Buckman purchase will be delayed until all the paperwork
comes in. He stated State law requires a 30-day advertising period once all the
paperwork is in hand.
Lastly, he distributed a compilation of the strategic plan workshop, which will be put
on the agenda for Commission approval on Mazch 9.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Borno
• Stated he still has his CD from the earlier tours of police buildings and will
share if any of the Commission want to look at it.
• Hazardous Waste Collection is scheduled for Apri125.
• Stated he wanted to know who attends the Boazd/Committee training session
Wednesday night.
Commissioner Parsons
Thanked Sazge for his input and wants to support his plan.
Gave an update on the Trolley Task Force.
February 23, 2009 REGULAR COMMISSION MEETING Pace 6
Commissioner Woods
• Received notice regazding the economic stimulus package and reported on the
various ways it will be distributed in Florida.
Commissioner Fletcher
• Complimented Public Works on their efforts in the maintenance of Johansen
Pazk.
• Hopes they will try to work something out to approve the chickens.
Mayor Meserve
• Asked the Commission to get with the City Manager about their ideas on the
chickens so staff can do something. He further stated he does not believe they
would want to allow the cages in the front yazds.
• Stated there is a fungicide that can be used on the red bay trees. Rick Carper
stated they tried this fungicide on a red bay tree that was showing no signs of
the wilt and it did not work. He stated that tree has since been removed. He
stated the treatments cost $500 and each tree must be retreated annually.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:16
p.m.
John S. Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk