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Draft Min 3-9-09MINUTES REGULAR CITY COMMISSION MEETING Mazch 9, 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. Mayor Meserve gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Meserve explained Commissioner Fletcher was caught in traffic and would be late. Approval of Minutes I. Approval of the minutes of the Regular Commission Meeting of February 23, 2009. Motion: Aparove the minutes of the Regular Commission Meeting of February 23, 2009, as written. Moved by Borno, Seconded by Pazsons. Votes: Aye: 4 - Boreo, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Ann Arthur, 175 Beach Avenue, addressed the Commission regarding the outdoor cats, stating they are second only to humans in native vegetation and wildlife destruction. (Commissioner Fletcher arrived at 6:09 pm.) Sarah Boren, 388 8t6 Street, asked when the Commission will address chickens and stated she supports the chickens. Mayor Meserve replied, although it is not on the agenda tonight, they will discuss it because the public deserves an answer. Chuck Drayton, 1535 Park Terrace East, addressed the Commission regarding the feral cats, stating he supports the feral cat program and does not agree with euthanizing cats. He further stated strict monitoring of the feral cat colonies is important because it is one thing to trap and release but it is another thing to know if it is actually working. He recommended strong documentation by the City to show whether the number of feral cats is decreasing. He stated to simply go out and kill an animal to reduce the population does not work and also sends the wrong message, that we don't value life. March 9.2009 REGULAR COMMISSION MEETING Page 2 No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of Public Works and Public Utility Departments Project Status Report and New Business Tax Receipts for February 2009. Mayor Meserve read the Consent Agenda. Motion: Aaarove Consent Agenda Item A as read. Moved by Fletcher, seconded by Borno. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5, Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 09-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING THE CITY OF ATLANTIC BEACH STRATEGIC PLAN DATED FEBRUARY 2009 Mayor Meserve read Resolution No. 09-03 by title only. Motion: Aoarove Resolution No. 09-03, as submitted. Moved by Borno, Seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED March 9.2009 REGULAR COMMISSION MEETING Page 3 Action on Ordinances 7. Action on Ordinances None. Miscellaneous 8. Miscellaneous Business Business A. Professional Engineering Services - Permitting, Bidding and Construction Engineering Services for We112R. Public Utilities Director Donna Kaluzniak summarized her staff report, explaining her recommendations. Motion: Annrove Scoue of Services and Fee Prouosal for Permitting. Bidding and Construction Engineering Services for Well 2R in the amount of $41,775 and authorize the Citv Manager to sign the contract with Bowen Civil Engineering. Inc. Moved by Parsons, Seconded by Borno. Ms. Kaluzniak answered several questions from the Commission. Votes: Aye: 5 - Borrto, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Report on Feral Cat Ordinance. City Manager Hanson explained First Coast No More Homeless Pets, who had requested the change to the ordinance to allow for the release of neutered cats, sent an email indicating they no longer want to pursue the feral cat program in Atlantic Beach. Research by David Thompson had concluded that once the cats are trapped and turned over for spaying/neutering they are tagged with an electronic chip which allows keeping track of the cat after their release back into the colony. He further indicated it is very important for monitoring of the colony to arrange for trapping of any new cats to the colony. He stated the objective is to manage the colonies through extinction by natural death and have a process that allows for removal of feral cats when they continue to cause problems in the community. He stated it was his understanding the group who requested the change in Atlantic Beach was unwilling to be responsible for all of the recommended steps; they just wanted to spay/neuter the cats and return them with no record keeping. He further stated attached to the staff report is an outline of a strong feral cat program if the Commission chooses to change the ordinance to allow it; however, he doesn't know if they would want to change it if the requesting group doesn't follow it. Commissioner Fletcher asked if it is in the best interest of the public to pursue a change to the ordinance to manage the feral cat population. Mayor Meserve stated he doesn't believe the Commission should give up on the feral cat program just because the group withdrew and stated he would appreciate any information Mr. Chuck Drayton may have on this, since he seems to know a lot about the feral cat program. He suggested Mr. Drayton read through the paperwork of what the City stated they would like as part of the program, to see what he believes is important. The Mayor further stated, although First Coast No More Homeless Pets didn't want to have the controls the City thought were important, if Mr. Drayton could March 9.2009 REGULAR COMMISSION MEETING PaEe 4 come up with some ideas the Commission would be willing to go forward, but stated he does not see the need to redo an ordinance if there is nobody willing to come into the City. Commissioner Fletcher stated he does believe there is a feral cat problem and believes they should amend the ordinance to take a positive action toward managing it toward extinction. Commissioner Borno agreed and supports going forward with an ordinance using an organization willing to monitor. Mayor Meserve again suggested Mr. Drayton look at the City's proposal and give any feedback he may have to him, any of the Commissioners, or the City Manager and they will bring the subject back up. Commission Pazsons stated he believes there are still some issues that need to be studied related to this program. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported on the chickens, stating the City Code prohibits keeping chickens within the City limits. He stated after Mr. and Mrs. Weber came to the last Commission meeting requesting change to the regulations to allow them to keep their chickens, the Mayor asked the Commissioners to give him any input they had regarding changing the ordinance. After further research by staff, it was discovered that most cities require a minimum 50' setback from any property lines and many lots in .Atlantic Beach are only 50' wide, particulazly in the neighborhood where the Webers live and you cannot get that setback on those lots. He stated after speaking with each of the Commissioners about this, to date, no Commissioner has asked for any ordinance to be prepared to allow chickens in Atlantic Beach. He stated unless he hears otherwise a letter will be sent to the Webers letting them know they have to get rid of the chickens. After further discussion, it was the consensus of the Commission not to change the ordinance to allow chickens. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Appointment of a Citizen Member to the Boazd Member Review Committee. Commissioner Borno explained the Commission needs to appoint a boazd member to the Bbazd Member Review Committee. He named the candidates for consideration (Myron Blankenbaker, Elizabeth Eilers, and Jerry Johnson) and also stated Glen Fisher was willing to be reappointed. Motion: Reaanoint Glen Fisher to an additional term on the Board Member Review Committee. Moved by Mayor Meserve, Seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED March 9.2009 REGULAR COMMISSION MEETING Pace 5 B. Appointment of a Commissioner to the Boazd Member Review Committee. Motion: Reaaaoint Commissioner Borno for an additional term on the Board Member Review Committee Moved by Mayor Meserve, Seconded by Fletcher votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno • Stated he was unable to attend the Boazd member training but was awaze of which Boazds/Committees had good attendance at the training and which did not and in the future will come back with a recommendation from his thoughts related to that. Commissioner Parsons • Stated he was also unable to attend the Board member training due to a Trolley Task Force meeting. He reported on that meeting, stating the overall consensus of the group was to have the trolley go up Atlantic Blvd., however, JTA does not agree to that. He stated there will be a test trolley for the committee to ride this Friday night to see how faz up Atlantic Blvd. the trolley can go while still allowing the 15 minute headway. Commissioner Woods • Stated she went to Cavalla Street with John Wilbur, whose neighbors are setting up three neighborhood watch groups with Officer Layson. She stated this first meeting was well attended with 28 people and they are happy the City is moving into their neighborhood with our improvement program and asked that she encourage the City to keep up the good work. She stated the next meeting will be on April 4 at 10:30 am. • Reported on the Air Potato Roundup last weekend at Howell Park, stating 63 volunteers attended. She stated 2500 lbs of air potatoes were gathered from Howell Park, with the winning air potato being 19 inches. Commissioner Fletcher • Gave kudos to the police department for the COPS program, stating the commitment to that program is really paying off. Mayor Meserve • Agreed the neighborhood watch programs are great and encouraged the City to hold public meetings to let the neighborhoods tell the City what they want rather than the City telling them what we want. • Extended an invitation to the Commission for the grand opening celebration of the new Fleet Landing building, Windward Commons, on April 2 at 3:00 pm. He stated Windward Commons is an integral part of Fleet Landing's wellness program. March 9, 2009 REGULAR COMMISSION MEETING Page 6 • Also announced there will be a dedication of a memorial for Tillie Fowler on the River Walk next to the Haskell Building on Apri120 at 7:00 pm. • Reported Tallahassee is still trying to reduce the capability of local government to conduct their business and stated he, Commissioner Borno and Mr. Hanson will travel to Tallahassee to attend the Legislative Action Day and talk to the legislators about that. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 6:54 p.m. John S. Meserve, MayorlPresiding Officer ATTEST: Donna L. Bartle, CMC City Clerk