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Draft Min. 5-11-09MINUTES REGULAR CITY COMMISSION MEETING May 11, 2009 CITY HALL, $00 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 ABSENT: Commissioner Carolyn Woods (excused) CaU to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Parsons 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 April 27, 2009. Motion: Aaurove the minutes of the ReQUlar Commission Meeting. of Aaril 27, 2009,,~s written. Moved by Parsons, Seconded by Borno. Votes: Aye: 4 - Borno, Fletcher, Meserve, Parsons Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve recognized Lt. Tiffany Layson who was in the audience and congratulated her on her promotion to Lieutenant. A. Presentation of Superior Achievement Awazd to Officer Chase Jamison. Mayor Meserve announced Officer Chase Jamison was being presented the Superior Achievement Aware due to his work in getting a grant for the City that resulted in the purchase of a new police vehicle. He presented Officer Jamison with a check for his accomplishment. B. Proclamation for Public Works Week. Mayor Meserve read, signed and presented to the Director of Public Works, Rick Carper, a proclamation making May 1?-23, 2009 National Public Works Week in the City of Atlantic Beach. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. May il. 2009 REGULAR COMMISSION MEETING Page 2 Jack Robbins, 1435 Linkside Drive, thanked the Commission for their hard work to keep the City going and stated he also appreciates everything Rick Carper and the Public Works Department does. He further addressed the Commission regazding bike paths and asked the Commission to reexamine making East Coast and Ocean one-way streets, which would allow for abike/walking path without spending money we don't have to widen sidewalks. He also stated he supports not allowing dogs on the beach during the day like Neptune and Jacksonville Beaches do, which he believes is a safer thing for the dogs. He also suggested reinstating the beach tags for dogs, as well as having beach tags for people, to bring more revenue into the City. Lastly, he suggested the Commission consider putting a Stop sign at 11 ~' Street and Seminole Rd. Richard Selby, 3 Forrestal Circle N., addressed the Commission regazding the chain link fence in his yard stating the report in the agenda packet regarding his fence was inaccurate. He stated his fence was replaced in June of last year, not a number of years ago as stated in the report, due to a vehicle driving through his fence, and further stated there was no problem with him repairing the fence. 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 RECOIvvViENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of Monthly Building Report and Public Works and Utility Department Report for Apri12009. B. Declaze the list of property as surplus. Mayor Meserve read the Consent Agenda. Motion: Aanrove Consent Agenda Items A and B, as read. Moved by Fletcher, seconded by Borno. Votes: Aye: 4 - Borno, Fletcher, Meserve, Parsons Nay: 0 - MOTION CARRIED Mav 11 2009 REGULA~t COMMISSION MEETING Pace 3 Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-09-97, 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 only. Motion: Anarove Ordwanc__e No. 20-09-97. as read. Moved by Parsons, seconded by Borno. Mayor Meserve opened the Public Hearing. No one from the audience spoke, so Mayor Meserve closed the Public Hearing. Votes: Aye: 4 - Borno, Fletcher, Meserve, Parsons Nay: o - MOTION CARRIED B. Ordinance No. 31-09-08, Public Hearing and Final 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: Aaarove Ordinance No. 31-09-08, as read. Moved by Borno, seconded by Fletcher. Mayor Meserve opened the Public Hearing. No one from the audience spoke, so Mayor Meserve closed the Public Hearing. Commissioner Borno asked if this brings our land use regulations up to date. Community Director Sonya Doerr explained we are beginning the process for our Comprehensive Plan Evaluation and Appraisal Report amendments. She stated you Mav 11.2009 REGULAR COMMLSSION MEETING Page 4 must look at the capital improvements element every year to assure that what is in the budget is consistent with the capital needs. Commissioner Fletcher asked when the Evaluation and Appraisal Report (EAR) would be done. Ms. Doerr explained the EAR is finished; it is the EAR Amendment process that is in first draft status, with eight elements ready to go to the Community Development Board on May 19. She stated this is an ongoing process and we are well ahead of schedule. Votes: Aye: 4 - Borno, Fletcher, Meserve, Parsons Nay: 0 - MOTION CARRIED C. Ordinance No. 95-09-99, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 3, NUISANCE CONTROL BOARD, PROVIDING FOR THE CODE ENFORCEMENT BOARD TO ALSO CONSTITUTE THE NUISANCE CONTROL BOARD, AMENDING PUBLIC NUISANCES TO CONFORM WITH FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve read the Ordinance by title only. Assistant City Manager David Thompson summarized the ordinance, explaining Dale Hatfield was the person who initiated this ordinance, along with Alan Jensen. Motion: Approve Ordinance No. 95-09-99. as read. Moved by Parsons, seconded by Borno. Commissioner Fletcher expressed his concern that this is requiring landlords to police their own tenants but the Florida Landlord/Tenant Law puts limits on how much landlords can do to get rid of their tenants. Mr. Thompson stated this requires that the City provide both the knowledge and the time to remedy a problem. He stated they aze providing training and have brochures for the landlords, as well as for tenants, so both know what their rights are. He stated they realize the legal limitations on the landlords and their intent is not to turn the landlords into the bad guys, it is to make the landlords become part of the solution. He stated a landlord has to both have knowledge of and time to fix the problem and he does not see a case coming before the Nuisance Board as long as the landlord is making a genuine effort to deal with the problem. He stated the only cases he sees coming before the Boazd are when there is no effort being made, they know what's happening and they choose not to take any action. Mayor Meserve asked if the appeal process comes back to the Commission. City Attorney Alan Jensen stated, he believes, under State Statute Chapter 893, the appeal process would go directly to the Circuit Court. He stated he will double check this to be sure there is no change. Mayor Meserve stated he would like to know that by second reading. Mav 11, 2009 REGULAR COMMISSION MEETING Pace 5 Commissioner Borno stated he believes this is a good tool and will help the City alleviate and control our nuisances. Mayor Meserve stated he sent a copy of the plain language explanation and Ordinance to Nancy Garcia at NEFAR but has not heard back from her if they had any comments. Commissioner Fletcher agreed we need to do this but wanted to be satisfied there aze protections in place for landlords wha try to do the right thing but for some reason are not able. He stated, at second reading, if the City Attorney and City Manager are not satisfied that those protections are there, he would appreciate it if some suggestions were made that could be added to the Ordinance to give protection to good landlords. Mr. Jensen stated there is already a provision in the Ordinance that any landlord required to appear before the Code Enforcement Baazd has an opportunity to be heard and present evidence before the Board makes its decision. He stated if the landlord is trying hard but not having success with their tenant, and it is not their fault, it is up to the Board to decide whether that property should be declared a nuisance. Commissioner Borno, noting Sec. 2-167, (d)(3) "the conduct operation or maintenance of any business or activity on the premises which is conducive to such nuisance. Any such order entered shall expire after one year or at such eazlier time as stated in the order.", asked whether the renter/operator of a business, and not the owner, can be classified a public nuisance and is there a reason for the specific timing. Mr. Thompson explained the next section allows the City to seek a permanent injunction. He further stated code enforcement issues are always directed towazd the owner of property, not tenants. Commissioner Fletcher stated that is where he has a problem, because he doesn't believe the owner has the authority over a tenant. He stated there are some instances where the owner cannot control the actions of a tenant. Mr. Thompson agreed they cannot control the actions of the tenant but they can get rid of the tenant, through the eviction process, if they aze engaging in very specific violations of criminal law on those premises. Votes: Aye: 4 - Borno, Fletcher, Meserve, Parsons Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Chain-link fences on residential lots within Commercial Zoning Districts. Mayor Meserve explained there are three lots that were zoned residential but were rezoned to commercial. He stated the ordinance has specific rules regarding chain link fences for commercial property which has been enforced for the businesses, most of whom have complied. He stated these three properties could either be rezoned to residential or they must comply with the law for commercial zoning and remove their chain link fences. May 11, 2009 REGULAR COMMI~SI4N MEETING Pace b Commissioner Fletcher asked if this commercial zoning on these properties is consistent with the Comprehensive Plan. Ms. Doerr stated no, these properties have had residential land use since 1990 when the first Comp Plan was adopted. She further stated these properties were rezoned to commercial in 1985, but prior to that were zoned residential since they were platted and have never been anything but residential use. Mayor Meserve stated we should take no action against the owners tonight but have the City negotiate with them regarding whether they aze agreeable to changing their property zoning back to residential. City Attorney Jensen asked if there were any other properties on Mayport Rd. that used to be zaned residential but are now commercial. Ms. Doerr stated no, it is just uniquely this small area. Mr. Jensen suggested rather than rezoning, the City make exemptions for properties that have no commercial uses on their properties. Mayor Meserve asked staff to bring this back with the particulars on how to make these exemptions rather than change the zoning. Ms. Doerr stated she will get with Mr. Jensen to figure out the best mechanics to do this but also stated she will see if there is away to da a land development regulation waiver so they wouldn't have to actually change the Ordinance. Discussion ensued and it was the consensus of the Commission to include the fence issues at the workshop on May 26. B. Approval of Justice Assistance Crrant Application. Assistant City Manager David Thompson explained this grant is from stimulus money that is being funneled back into Public Safety. He explained one of the stated purposes of this stimulus money is the retention of jobs and he proposes this money be used to fund for another yeaz the three positions (Community Redevelopment Coordinator and two Community Policing Officers) that were created last yeaz for the Mayport Corridor. He stated this grant of $225,000 does not require a match from the City. Commissioner Fletcher asked if this means we are using one-time stimulus money to fund operating expenses. Mr. Thompson explained when these positions to be funded were created last year, there was an understanding they were temporary positions to get us through the revitalization effort. He stated he agreed that if we were just going to use this money to fund a couple of jobs he would be a little more concerned, but to fund these positions for another year is a little different from long-term repetitive. Commissioner Fletcher stated, philosophically, he is against using stimulus money to fund continuing expenses but in this situation he applauds Mr. Thompson's effort to secure the money for these positions. Motion: Authorize staff to submit the,;rant analication and authorize Mav_ or to sign the auaGcation and subsequent paperwork for the Justice .Assistant Grant. Moved by Parsons, Seconded by Borno. ,M~y 11.2009 REGULAR COMMISSION~VIEETING Page 7 Votes: Aye: 4 - Borno, Fletcher, Meserve, Parsons Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the Buckman property has been purchased with both the formal and ceremonial closings last week. Mayor Meserve stated he spoke with Mrs. Johnson, of R.iverbranch Foundation, who donated a lot of money to this, and she expressed she would be most pleased if we used their name, Riverbranch, in the name of the property. Mayor Meserve asked that staff bring this back as an action item for the next meeting. Mr. Hanson further reported there will be a workshop on Code Enforcement Standards on Tuesday, May 26 at 5:00 prior to the next Commission meeting. Mr. Hanson passed out a list of grant applications to the Commission and commended David Thompson for his involvement in the majority of them. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Stated he received a letter thanking us for our donation to the Resource Center last yeaz and asking us to keep them in mind when considering our budget. • Stated he also received a request for a resolution supporting the reintroduction of Amtrak passenger rail service on the East Coast as part of the Florida Economic Stimulus Plan. He stated he does not believe it made the cut. Mayor Meserve stated it was dead. • Reported on his attendance at the Unitas event. • Stated he is taking his wife to Ireland for their 50`~ Anniversary from August 19-September 4 and stated all Commissioners should make it known what dates they may be unavailable because Yvonne Calverley is beginning to set up the dates for the budget workshops. Mayor Meserve • Stated he is going to Washington, D.C. with Mayor Peyton and several others to lobby for various things for our region. Mav 11 2009 REGULAR COMMISSION MEETING Page 8 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 6:59 p.m. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk