Draft Min 4-27-09MINUTES
REGULAR CITY COMMISSION MEETING
April 27, 2009
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John S. Meserve
Mayor Pro Tem Mike Bomo
Commissioner John L. Fletcher
Commissioner Paul Parsons
Commissioner Carolyn Woods
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Mayor Meserve, speaking for
the entire Commission, stated their thoughts and prayers go out to Commissioner Paul
Parson's family in the loss of their Mom, Grace. Mayor Meserve stated he knew her
for many years and she was a gentle and kind lady who he knows will be missed.
. Mayor Meserve gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approval of the minutes of the Special Called (Shade) Meeting and the
Regular Commission Meeting of April 13, 2009.
Motion: Aaprove the minutes of the Special Called ,Shade) Meeting and Regular
Commission Meeting of April 13.2009,,as written.
Moved by Bomo, Seconded by Parsons.
Votes:
Aye: 5 - $orno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
A. Katrina McCray, Principal-Mayport Middle School.
Mayor Meserve introduced Katrina McCray, Principal of Mayport Middle School,
stating it was an honor and a pleasure to have her here tonight. Ms. McCray stated this
Commission and the City of Atlantic Beach have been one of their greatest business
partners and have done more for them than they had ever anticipated. She introduced
Corwin Gaudry, one of their students, stating he came out tonight to give a special
thanks to the City. Mr. Gaudry stated he was from the Pre-AP program at Mayport
Middle School and wanted to thank Mayor Meserve, the Atlantic Beach Commission
and the City of Atlantic Beach for their support of the Pre-AP program, as well as the
other academic and performance classes at Mayport Middle School. Mr. Gaudry then
presented a plaque to Mayor Meserve from the students, faculty and staff of Mayport
Middle School thanking the City for its invaluable and indispensable support of their
community middle school.
B. Presentation of North Florida TPO (Transportation Planning Organization)
report on local road projects on the Transportation Improvement Program list
for 2009-2010.
April 27,,-2009 REGULAR COMMISSION MEETING Pace 2
Mayor Meserve introduced Wanda Forrest of the TPO who gave a presentation on the
Transportation Improvement Program's five-yeaz plan and explained some of the
projects scheduled in the future. Commissioner Fletcher asked if the bridge at Kernan
Blvd. and Atlantic Blvd would go over Kernan to keep the traffic flowing east-west on
Atlantic. Ms. Forrest stated she would have to get back to him after speaking with
JTA. Commissioner Borno asked whether the resurfacing project on SR AlA from old
Mayport Road to Broad Street in Mayport will take the dip away on A 1 A. Mr. Carper
stated that dip will be raised. Commissioner Pazsons asked if the project on San Pablo
from Atlantic Blvd. to Beach Blvd, is to make it a three-lane all the way through. Ms.
Forrest stated she would check on that, because she did not know if that was just for
turn lanes only.
Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the
audience and explained the process for public comments.
Don Remley, 1309 Violet Street, addressed the Commission regarding an issue he
had with his power being turned off by JEA while he was out of town for the winter.
He stated he had no problem with JEA closing their offices but believes someone
should be on call for emergency situations. He further stated his water was also turned
off by the City of Atlantic Beach because his bills were two months behind. He stated
he did not receive his statements even though he had a change of address in. He stated
the Post Office explained our envelopes state "return service requested" which means
to the Past Office "do not forward". He believes this needs to be investigated and
something needs to be done about it. Mayor Meserve stated they will take a look at it.
Gregory Selby, 3 Forrestal Circle North, addressed the Commission about chain
link fences, stating he has lived at this address for 47 years and has had a chain link
fence for 37 years. He stated the residential properties were not notified when the
businesses were regazding taking down the fences. He stated he has never asked nor
wanted to be zoned commercial property, stating his property will always be
residential as long as he is alive. He requested that his fence be grandfathered in.
Larry Parks, 534$ Timuquana Road, stated he owns the property at 2 Forrestal
Circle North and addressed the Commission regarding the chain link fence. He stated
chain link "humcane" fences are much better during storms because the winds blow
through it rather than knock them down as it does the wooden fences. He stated if the
problem is with the rust on his fence, he will be glad to change it. He stated he will
request that this issue be put on the next meeting so it can be discussed by the
Commission.
Joe Quest applauded the Commission for the Mayport beautification, stating it is
much better than before. He stated he owns several properties in Atlantic Beach and
supports the new regulation regazding nuisance tenants.
No one else from the audience spoke so Mayor Meserve closed the Courtesy of the
Floor to Visitors.
Abrii 27.2009 REGULAR COMMISSION MF~ETING Page 3
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous
Meeting A. City Manager's Follow-up Report.
Mr. Hanson reported on water and sewer rate increases, stating JEA announced their
rates will go up 45% over the next three years. He reported Atlantic Beach's rates
increased 15% this year and 10% last yeaz. He stated the City is currently designing
the upgrades needed to meet the new river standazds, which these rates aze paying for,
and hopes to begin construction of the first phase before the end of this calendaz year.
He further reported on the beach access walkover at 3`d Street, stating the sand has
emded making it difficult to step off the end of the walkover. He explained, when the
walkover was built, funds were used from the City of Jacksonville, through
Councilman Art Graham. He stated the walkover was originally completed under
budget and staff asked if the remaining money was still there. He stated the money is
still available and an extension to the walkover will be built at a cost of approximately
$8,000. Mr. Hanson noted the City will use the same contractor through an extension
to the original contract.
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 Monthly Financial Report, Utility Sales Report, and
New Business Tax Receipts Report for Mazch 2009.
B. Acknowledge minor clerical revisions to the Public School Facilities Element
as requested by the Department of Community Affairs.
C. Awazd the contract for construction of two tennis courts at Donner Park (Bid
No. 0809-07) to Varsity Courts, Ina for $91,337.00.
D. Declaze the list of property as surplus.
Mayor Meserve read the Consent Agenda. Commissioner Woods asked to pull Item C.
Motion: Aaurove Consent Agenda Items A, B, and D. as read.
Moved by Borno, seconded by Fletcher
Votes:
Aye: S - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Woods thanked David Thompson for his efforts on this pazk and stated
she is looking forwazd to having a ground breaking. She further stated the pros at
Selva are very excited about working with the children at this pazk and bringing along
the Jacksonville Tennis Association.
April 27.2009 REGULAR COMMISSION MEETING Page 4
Motion: Aaarove Consent Agenda Items C, as read,
Moved by Woods, 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. 09-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUPPORTING THE CONTINUED MAINTENANCE OF AN OFFICE FOR
THE DUVAL COUNTY TAX COLLECTOR AT THE BEACHES
Mayor Meserve read Resolution No. 09-OS by title only.
Motion: Aaarove Resolution No. 09-05
Moved by Borno, Seconded by Fletcher.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Resolution No. 09-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH ADOPTING THE
WATER FACILITIES PLAN UPDATE -WELL 2R REQUIRED BY THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE DRINKING WATER STATE REVOLVING FUND PROGRAM
Mayor Meserve read Resolution No. 09-06 by title only. He stated this needs to be
done to make application for financing of that well.
Motion: Aaarove Resolution No. 09-06 as read by title.
Moved by Borno, Seconded by Parsons.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-09-97, Introduction and First 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.
April 27.209 REGULAR COMMISSION MEETING Page 5
Mayor Meserve read the Ordinance by title only, stating there were further revisions in
estimated tax revenues into the City and this makes certain budget adjustments
necessary to continue having a balanced budget.
Motion: Aaarove Ordinance No. 20-09-97, as read.
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Ordinance No. 31-09-08, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
ADOPTING THE ANNUAL UPDATE TO THE CAPITAL
IMPROVEMENTS ELEMENTS OF THE 2015 COMPREHENSIVE PLAN
AS PREVIOUSLY ADOPTED BY ORDINANCE 31-04-04, AS AMENDED;
PROVIDING FOR INTENT, AUTHORITY, FINDINGS OF FACT,
FINDINGS OF CONSISTENCY, SEVERABILITY AND AN EFFECTIVE
DATE.
Mayor Meserve read the Ordinance by title only.
Motion: Aanrove Ordinance No. 31-0,~-08, as read.
Moved by Fletcher, seconded by Parsons.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Public Hearing -Purchase of the Buckman Property.
Mayor Meserve explained this was a public hearing, as required by law, on the
purchase of the Buckman Property. He stated this purchase will triple the amount of
land in Atlantic Beach that can never be developed by anyone.
City Manager Hanson stated the property consists of approximately 350 acres of marsh
and some uplands. He stated the purchase price was $1,015,000 with Atlantic Beach's
share being $185,000, plus $5,426.50 in closing costs. He stated the remaining portion
was paid by an anonymous donor and North Florida Land Trust. He further explained
they have had two appraisals on the property with the value ranging from $185,000 -
$530,000. He stated part of the swing in values was due to a dispute in ownership with
the State over certain portions of the land, which goes back to Swamp and Overflow
Act of 1852. He stated the appraisers understood that at the very least 77 acres of
marsh and all of the uplands were included in this transaction and were privately
owned, however, it is the balance of the marsh acres (swamp and overflow lands)
A~r1127.2009 REGULAR. COMMISSION. MEETING Page 6
where there is a disagreement over whether it is owned by the State or the private
property owners. He stated, if and when purchased by the City of Atlantic Beach he
believes the purposes of Atlantic Beach and the State in ownership of this would be
much the same, so the question may well be moot and they see no reason to fund the
lawsuit it would take to resolve it. He further stated, as a condition of the purchase, the
anonymous donor has requested that a conservation easement be granted by the City to
the North Florida Land Trust, which would define the property to be used for low
impact public use such as canoe and kayak trails. He stated this would allow the City
to put in those trails, overlooks, public docks, benches, signage, etc. consistent with
passive public recreation. Mr. Hanson further stated this easement would prohibit
construction of buildings, roads, billboards, cell phone towers and private docks. He
stated the funds are budgeted in the amount of $191,000, and would come from the
convention development tax fund. He stated these aze bed tax funds which can only be
used for construction and maintenance of a convention facility, advertising for tourism,
and for the purchase and development of pazks. He stated if the Commission approves
this purchase they will also need to authorize someone to sign the documents,
explaining it would normally be the Mayor but he had a scheduling conflict with the
closing date.
Mr. Hanson recognized several people in the audience who had worked on this project
including Mark Middlebrook, Warren Anderson, and Bonnie Barnes.
Motion: Aanrove aurchase of the Buckman Prouerty and authorize City
Manaser to sign all documents related to the closing, including the
ggecution of the conservation easement.
Moved by Fletcher, Seconded by Borno.
Mayor Meserve opened the Public Hearing.
Mark Middlebrook explained he had been working on this project since 2001 and
stated he is really glad it is reaching some sort of conclusion. He believes it is entirely
appropriate for the City of Atlantic Beach to have the control of its gateway and is
thankful the City has the opportunity to do that.
Warren Anderson thanked Jim Hanson for his efforts on this project.
Ellen Glasser, 421 S. Oceanwalk Drive thanked the anonymous donor, stating they are
pretty special, whoever they are.
No one else from the audience spoke, so Mayor Meserve closed the Public Hearing.
Commissioner Parsons stated, under the conservation easement, he was concerned
whether the City would still be able to allow private citizens to take care of the
accesses as they do with the beach accesses. Mr. Hanson explained the conservation
easement envisions public access at various points and will either allow dredging to get
water through during low tide or building public docks to get out to the water. He
stated as they will be open to the public, he does not see a problem with that but the
easement does require that the Land Trust be given the opportunity to comment on any
development plans. He stated he, personally, does not see any conflict if a private
Anri127.2009 REGU~.AI~C_OMMbSSION METING Page 7
group wants to help to maintain and beautify a public access, but stated he cannot
speak for them.
Commissioner Borno stated the whole group needed to be congratulated and God Bless
the anonymous donor.
Commissioner Fletcher expressed his concern that, since it is not 100% clear who owns
the land here, what if an adjacent owner wants to build a private dock and we do not
allow them, but the State says they own the land and they issue a dock permit. He
stated, since we are required to enforce the conditions that say you can't have private
docks going iirto this property, he could see the City getting into big protracted disputes
with adjacent property owners that could be expensive. He asked if the City is
protected from that type scenario. City Attorney Alan Jensen stated if someone wanted
to build a dock, they would have to have a permit from Atlantic Beach. Mr. Hanson
agreed there are a number of related questions as to the City's rights regarding the
question of who really owns the property and stated Sonya Doerr has set up a meeting
next month with several people including the Department of Environmental Protection,
Corp of Engineers, and Fish and Wildlife to coordinate on things like this.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Survey of Royal Palms Residents.
Chief Mike Classey gave a summary of the responses received from the survey given
to the Royal Palms residents, pointing out the areas the residents felt were most
important which included the neighborhood was quiet, close to the shops and beach,
close to the police department, a relatively low crime rate, low traffic flow, and good
service Level and response from the various City departments. He further explained the
things the residents would most like to change in the neighborhood included more code
enforcement, more traffic enforcement, more animal control enforcement, increased
lights and wattage, additional sidewalks and parking signs. Chief Classey summarized
what action has already been taken in Royal Palms and what is planned for the future,
including neighborhood watch meetings, neighborhood clean-ups, increased code
enforcement, and a lighting survey. Chief Classey explained that Lt. Christman
actually did the surveys and was available to answer questions. Commissioner Borno
asked if only reaching 20% of the residents was due to people working and the
difficulty in being able to catch a lot of them. Lt. Christman explained he tried to do
the survey in the early evenings, due to people working, and to complete it in thirty
days. He stated he had gone house to house picking approximately 10 houses per street
to get an even opinion from the people. Chief Classey stated he believed the 20% is a
pretty good measure of the rest of that whole subdivision.
C. Amending the Public Nuisance Control Board Ordinance.
Commissioner Parsons left the meeting at 7:02 pm.
aArii Z7 2009 REGULAR COMMISSION MEETING _ Pase 8
Redevelopment Coordinator Dale Hatfield summarized his staff report and explained
the Ordinance. He stated the purpose of this amendment is to make the owners of the
rental property aware of and liable for their tenant's illegal activities and will provide
them with information to help them solve the problems with their tenants. He also
stated once the owner is aware of the violations, the owner is obligated to abate these
criminal activities. He stated they aze proposing that the Code Enforcement Board also
act as the Nuisance Control Boazd.
Motion: Authorize staff to arenare an amended Public Nuisance Control Board
Ordinance for first reading.
Moved by Borno, Seconded by Fletcher.
Commissioner Woods asked if private property owners aze affected by this at all. Mr.
Hatfield stated no, if the home is homesteaded the State of Florida cannot do anything
about it.
Commissioner Fletcher clarified this is targeting repeat offenders who consistently rent
property to known criminals and consistently have situations where criminal activity is
going on with these tenants. Mr. Hatfield stated they have to be a repeat offender for
this to take effect, at least two incidents within a six moirth period. He stated it is also
to help the property owner bring their property up and give them the tools necessary to
get rid of those people and get some good people in.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
1~IOTION CARRIED
D. FY 2008-2009 Resurfacing Project.
Public Works Director Rick Carper stated Seminole Road needs resurfacing very badly
and he has found a cheaper way to do it by piggybacking on an existing Better
Jacksonville Plan resurfacing project contract with Atlantic Coast Asphalt. He stated
this should save a minimum of $50,000. Mr. Carper further recommended any funds
not spent out of the current yeaz's resurfacing budget be tazgeted to the Royal Palms
resurfacing efforts, as summarized in his staff report.
E. Possible revisions to the Land Development Regulations to implement Strategic
Plan objectives related to Royal Palms.
Mr. Hanson explained this goes back to the strategic issue the Commission made for
improving the Royal Palms neighborhood.
Ms. Doerr gave a slide presentation on the Royal Palms subdivision exhibiting the well
maintained homes as well as those poorly maintained. She further summarized the
recommendations for revisions to the Land Development Regulations as related to
Royal Palms subdivision.
Aril X7.2009 REGUI~A~ COMM,~SSION MEETING Pace 9
Mayor Meserve proposed the Commission study the recommendations and make
suggestions to the City Manager regazding what they would like changed.
Commissioner Fletcher stated he wanted to make sure the Commission balances the
need to clean up the neighborhood with how dictatorial they can be since Royal Palms
citizens don't live in a covenanted subdivision. Commissioner Woods agreed with
Commissioner Fletcher and further stated the pazking situation in Royal Palms needs
to be discussed. After further discussion, it was the consensus of the Commission to
have a workshop to study these recommendations.
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson reported the results of the Household Hazardous Waste Collection Day,
stating 3 %i dump truck loads of latex paint, 45 drums of flammables, 10 drums of
pesticides and 2'/Z trailers of a-waste were collected. He further stated 1,370 vehicles
came through compazed to the 500+ the last time this collection day was held. He also
reported quite a few people were trying to get to the Arts in the Park instead but got
caught up in the line for the waste collection, so in the future he would like to see that
the two events are not scheduled on the same date.
Mr. Hanson reported the dedication of the undersea turtle (fiberglass sculpture like the
manatee in the pazk) is scheduled for May 2 at 11:00 on the brick sidewalk close to
Sticky Fingers restaurant. He stated the sculpture is being provided by the Town
Center Agency.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Borno
• Agreed traffic was a problem with the hazardous waste disposal, stating
Seminole Road was backed up to Atlantic Blvd. He stated there should be
someone directing traffic at various spots to filter the traffic and help the flow.
Mr. Hanson agreed the Police Department should take chazge the next time we
have an event like this.
Adjournment There being no further discussion, the Mayor declazed the meeting adjourned at 7:36
p.m.
John S. Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk