Draft Min 4-13-09MINUTES
REGULAR. CITY COMMISSION MEETING
April 13, 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 March 23,
2009.
Motion: Approve the minutes of the Reavlar Commission Meetins of March 23.
2009. as written.
Moved by Borno, Seconded by Parsons.
Votes:
Aye: S - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0
MOTION CAJItRIED
Courtesy of the Floor Z. 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.
Stephen Kuti, 1132 Linkside Dr., addressed the Commission regarding the grade of
the stainless steel used for the sculpture proposed for the roundabout at the end of
Atlantic Blvd. He further stated the mirror will get pitted and will not reflect.
Sally Clemens, 1638 Park Terrace West, addressed the Commission stating Michael
Dunlap and Kelly Elmore have presented excellent visionary appeals for the Pathfinder
but suggested if this is approved the privately donated money should be collected
before the sculpture is begun. She further addressed the chain link fences along
Mayport Road, stating she believes it would be better if the City used monies from the
tree fund to plant appropriate greenery along these fences. She stated this would not
only beautify the area but also help to prevent pollution fmm dust and the fumes from
vehicles, therefore helping our environment.
No one else from the audience spoke so Mayor Meserve closed the Courtesy of the
Floor to Visitors.
April 13.2tNB REGULAR COMMISSION MEETING ~a~e 2
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting None.
Consent Agenda ~. 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 & Utility Departments Project Status
Report as of March 31, 2009 and Building Department Monthly Activity
Report for Mazch 2009.
Mayor Meserve read the Consent Agenda.
M tion: Apurove Consent Agenda Item A, as read.
Moved by Parsons, seconded by Borno.
Votes:
Aye: 5 - Borna, 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
A. Ordinance No. 20-09-96, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009.
Mayor Meserve read the Ordinance by title, explaining this is a transfer of
funds from one area to another to fund some Public Works projects that the
City was going to borrow money for.
Motian: Anurove Ordinance No. 20-09-96, as read.
Moved by Borno, seconded by Fletcher.
City Manager Hanson stated this budget amendment also includes money budgeted for
the City's share of the acquisition of the Buckman property. He stated the public
hearing for that is scheduled at the next regulaz meeting. Mayor Meserve further
aril 13.2009 REGULAR COMMISSION MEETING Pace 3
stated the biggest part of this is $1.9 million that would be taken out of the general
fund to fund up mostly engineering which will be paid back when the City bonds the
bigger project to make sure we can make the TMDL requirements. Commissioner
Fletcher agreed, since we have the money in the bank, it is cheaper to use our own
money rather than borrow it.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Sculpture in Town Center.
City Manager Hanson explained this item was deferred from the last meeting so all
Commissioners could be present.
Mayor Meserve stated Michael Dunlap and the sculptors were in the audience to
answer questions from the Commission. Mayor Meserve stated safety, security and
long-term maintenance are his concerns. He stated he would support approval if,
along with raising the funds to build the sculpture, the Town Center Agency would
escrow an amount of $36,000 toward maintenance costs and agree to turning over all
responsibility for maintenance and final disposition to the cities.
Commissioner Parsons agreed Town Center Agency should put in more money to
cover maintenance, and wants to get everyone in agreement, but does not believe the
cities should get involved with what kind of art was chosen or where it should go. He
stated he believes the cities should take responsibility for the insurance.
Commissioner Borno referred to Resolution 08-05, Item 3, "any final plan approved
should include an acceptable solution as to where to place .the annual Christmas Tree
and holding associated lighting ceremonies", which he believes has been totally
avoided in everything that has been brought forward to the Commission. He further
stated he will not burden the City's taxpayers with any financial obligation for
maintenance. He stated he supports the majority he has heard from who don't want the
view changed and will not support the sculpture.
Commissioner Woods referred to Michael Dunlap's statement, "the Pathfinder will
become the identity of our beaches Town Center and an iconic element in the urban
landscape. The beach proximity will serve as a stark and unique backdrop to the
triploid tower element." She stated the purpose of this sculpture is to become the
Town Center beaches identity and she does not understand what this has to do with
Atlantic Beach and Neptune Beach. She asked the artists to explain what this
sculpture has to do with Atlantic Beach and Neptune Beach, stating she thinks of the
beaches as residential and seaside vacation and this sculpture is more harsh and
shipping industry. Artist Jay Shoots explained he and his partner, Robert Noelke, tried
to come up with a concept that actually interacted with the wind, water, and light and
would constantly be changing and they believed, graphically, it fit in the 24-foot circle
AQ~iI 13. ZQ09 REGULAR COMMISSION MEETING Page 4
that was selected for this piece of sculpture. He stated they believe it evolves all the
elements of the natural beach. He stated it is nautical and they like that because it is at
the beach and they do not believe it takes away from the view of the beach at all.
Commissioner Fletcher asked about the caliber of the stainless steel. Michael Dunlap
explained it will be made from 316 stainless, which is the highest available. He also
stated they will put aside the necessary funds to cover the maintenance and will put it
in escrow but does not believe the exact dollar figure needs to be a part of the deal
tonight. He stated they aze looking for an approval and have some fundraising to do,
but they believe they have a coating that will cover it for ten years easily and have
indicated the additional ten years will be covered by these escrow funds. He stated this
leaves the only maintenance for the City for the first twenty years is to wash it a couple
of times a year.
Commissioner Fletcher stated he does support the sculpture and public art but is not a
judge of what that public art should be. He stated he is concerned that it is a kinetic
piece of art and asked if the ball bearings will have to be maintained more frequently
than every ten years. Mr. Dunlap stated one of the upgrades were the sealed bearings
which don't need a lot of attention. He clarified they intend to fundraise the cost of the
sculpture, which they figure to be $250,000, and they will also fundraise the escrow
account for maintenance. He stated they don't need to iron out a contract tonight; they
just need an approval to get to the next step. He stated they still need Neptune Beach's
approval.
Commissioner Fletcher further stated if the cities aze going to accept the art, he
believes it needs to be accompanied with an escrow account that everyone agrees will
be adequate to keep the taxpayer out of maintaining it. Regazding the Mayor's
comment about ultimate disposition, Mr. Fletcher asked if there would be an
acceptance agreement the cities would enter into where they might be required to
replace it if were destroyed. Mayor Meserve stated his concerns were what happens if
we have a hurricane and the sculpture sustains damage, will the cities be bound to
replace it and, if so, what will our insurance cover on a piece like that.
Commissioner Woods expressed her concern regarding the sculpture blocking the
ocean view and Mr. Dunlap explained why he does not see the sight line being an
issue.
Commissioner Parsons stated he believes the City can accept the issue of insurance
and hopes Neptune Beach will feel the same way, but he still has an issue with the
maintenance. He stated as long as the Town Center Agency will raise the money to
take caze of the maintenance and he could see the minutes where they voted on it, he
will vote to support it. Mr. Dunlap reiterated they intend to provide maintenance on
the project for the first twenty years, whatever that cost is.
Motion: Anarove request for sculpture based on Atlantic Beach and Neptune
Beach coming to a mutually agreeable dollar amount far a maintenance escrow
account.
Moved by Parsons, Seconded by Fletcher
ril 13.2009 _ _._ RF.C_.'iTL_AR ['nMMiSSiON MEETING Pace 5
Vates:
Aye: 3 -Fletcher, Meserve, Parsons
Nay: 2 - Borno, Woods
MOTION CARRIED
B. Proposed Mid-year Budget Amendment to Offset Revenue Loss.
City Manager Hanson explained the newest State Revenue estimates show a further
reduction in funds available to the City in the current fiscal year of $98,529, which is in
addition to the budget amendment that was adopted in February reducing the budget by
approximately $375,000 in revenues. He further summarized the recommendations for
reductions to the City's expenditure budget and requested authorization to prepare a
budget amendment to incorporate these changes.
Commissioner Parsons stated he would prefer to continue the Boazd Member
Reception, at a reduced cost, rather than eliminate it completely. Commissioner
Woods agreed with Commissioner Parsons but also reminded the Commission there
will be an additional cost in the future for the insurance for the sculpture that they need
to consider.
It was the consensus of the Commission to authorize staff to prepaze an Ordinance to
amend the budget.
C. Actuarial Reports; Police and General.
Finance Director Nelson Van Liere summarized the Actuarial Reports stating the City
will need to fund $599,292 in the General Plan, an increase of approximately $70,000
from last yeaz. He stated the City will contribute $337,000 to the Police Plan, which is
an $80,000 increase. He stated the percentage of funding decreased from 73.6%
funded to 72.9% for the General Plan and 74.6% funded to 71.1 % for the Police Plan.
He then answered questions from the Commission.
D. Acceptance of water/sewer lines in Haywood Estates.
City Manager Hanson explained this is a Habitat development with new water and
sewer lines and we are ready to take them on as part of the system.
Public Utilities Director Donna Kaluzniak explained this project has 32 units in 16
Habitat houses.
Motion:. Accent water/sewer infrastructure at I~Iavwood Estates subdivision far
ownershiu and maintenance by the Citv of Atlantic Beach.
Moved by Parsons, Seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Apri113, 2009 REGULAR COMMISSION. N,~EETING Page 6
E. Child Abduction Response Team (CART) (City Manager)
Chief Classey explained the Child Abduction Response Team, stating this is a
limited mutual aid agreement in event of a child abduction and this is a renewal
of what has been in effect for several years.
Motion: Authorize City Manager. to sign agreement for the Police Department to
participate in the local Child Abduction Response Team.
Moved by Borno, Seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTIQN CARRIED
F. Mutual Aid Agreement between Atlantic Beach Police Department and
University of North Florida Police Department.
Chief Classey explained this is a renewal of apre-existing mutual aid agreement with
the University of North Florida Police Department that has been in effect for many
years.
Motion: Approve Mutual Aid Agreemegt etween Atlantic Beach and the
University of North Florida and authorize the City Manager to sign the
agreement.
Moved by Parsons, Seconded by Bomo
Vo#es:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
G. Approval of Application for Justice Assistance Grant Approval
Chief Classey explained this is part of the Federal stimulus package and will provide
$33,538 grant funding. He stated they will use the money to supplement the patrol
salary budget.
Motion: Authorize Mavor to sign _ related paperwork for aDDlicahon and
subsequent paperwork related to the JAG grant and authorize Chief Classev to
submit the application on line and have_ the _authorization to electronically sign
the on-line aDDlication on behalf of the Mavor and the Ci
Moved by Borno, Seconded by Woods.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Aari1 l3, 2009 REGULAR COMMISSION N~E'fING Page 7
City Manager 9, City Manager
A. City Manager's Report
Mr. Hanson reported input from residents in Royal Palms subdivision indicated a high
priority was additional street lights. He stated the Police Department surveyed their
azea and there is a list of lights the City will add soon. He further reported there was
an error in the newspaper, stating the extra cost to the City is expected to be
$250/month, not $25,000/month, as reported.
He also reported twa additional hybrid vehicles for police use have added to the City's
fleet, with a third being delivered in eazly May, bringing the total fleet of City
hybrid/electric to four vehicles and one all electric vehicle.
Discussion ensued regarding the wattage of the street lights, with Mr. Carper
explaining the City will generally stay with the 70 watt bulbs unless there is a need to
go with a higher wattage in some azeas.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Appointments to Code Enforcement Boazd
Commissioner Borno explained, after interviewing all candidates, the Boazd Member
Review Cammittee recommended Veda Bernstein to serve on the Code Enforcement
Boazd to fill the vacancy of Mamie Hurd who resigned because she moved out of the
City. He further explained Ms. Bernstein is currently serving as the alternate member
and by her presence has allowed the Boazd to maintain a quorum when other members
have been absent.
Motion: Apaoint Veda Bernstein to serve on the Code Enforcement Board to fill
the vacancy of Mamie Hurd.
Moved by Borno, Seconded by Farsons.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Borno explained that by moving the alternate member up, a vacancy
was created for an alternate member, and after the interviews, the Committee
recommended appointing Nicholas Dodazo to serve on the Code Enforcement Board to
fill the alternate position.
April 13.2009 REGULAR COMMISSION MEET~IG Paae 8
Motion Appoint Nicholas Dodaro to serve on the Code Enforcement Board to fill
the alternate position
Moved by Borno, Seconded by Parsons.
Votes:
Aye: 3 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Borno
• Gave an update on his trip to Tallahassee with Mayor Meserve, Commissioner
Woods and City Manager Hanson to meet with the legislators in Tallahassee.
• Stated he received a copy of a proposed resolution requesting the City of
Jacksonville continue to keep the Tax Collector's office at the beach and asked
for support to have staff draft a resolution to consider at the next meeting.
Mayor Meserve agreed this should be done.
• Thanked staff for the completion of the Duval County School Interlocal
Agreement, stating it has been accepted.
• Reminded everyone there is a Florida League of Cities meeting this Thursday.
He also reminded the Commission that the Beaches aze hosting the May 21st
meeting and urged them to attend with their spouses. He further stated he will
be in contact with the Commission to help him with door prizes for that
meeting.
Commissioner Parsons
• Asked Chief Classey if anything had happened with the lights on Selva Marina
Drive yet. Chief Classey stated that has been completed and has been turned
over to Rick Carper, but they are having to prioritize because of the limited
budget.
• Received call from someone in Oceanwalk regazding whether the City
disallows certain colors for doors. He also received a call from someone in his
neighborhood regazding a 4-foot fence, which is permitted by the City, but
which is not allowed by his HOA. Asked for guidance from the Commission.
Mayor Meserve stated the City should not get involved with the rules set by
Homeowner's Associations. Mr. Jensen stated that is a private contract
between property owners and the City cannot enforce their Homeowner's
Association's rules.
• Announced "In Search of Atlantis" will be erected with a tentative unveiling on
May 30.
Commissioner Woods
Reported on the meeting with the St. Johns River Water Management District
in Palatka regarding the water withdrawal from the St. Johns River. She stated
they were split on their decision when she left at 4:00 pm.
April 13.2009 REGULAR COMIV~ISSION MEETING Page 9
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:18
p.m.
John S. Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk