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Draft Min 5-26-09MINUTES REGULAR CITY COMMISSION MEETING May 26, 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 6:05 p.m. Commissioner Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Meserve stated he attended the Memorial Day service downtown and had the privilege of being able to escort the family of one of the recently deceased. He stated we lost seven people in the County in Iraq and Afghanistan over the past yeaz who will be added to the memorial wall. He stated it was a privilege to honor them and let them know the country cares. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of May 11, 2009. Motion: Aparove the minutes of the Re ug_lar Commission Meeting of May 11, 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 opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the pmcess for public comments. Donna Bagby, 1817 SeWa Grande Drive, proposed creating a dog pazk for Atlantic Beach to be located at the Tideviews Park where the retention pond is, stating this is an ideal location with plenty of parking and restrooms. She stated they only need to raise $12,000 to do this, which she does not see a problem doing since there are a lot of people on boazd with this. She asked the Commission if there was anything they could do to make this happen, if her supporters gave the City the $12,000 for the park. Mayor Meserve stated the Commission will take this under consideration. David Bew, 381 Third St., addressed the Commission regazding beach restoration. He stated American Shore and Beach Preservation Association announced that Duval County is one of the top beaches as faz as beach restoration, which is bad news if you want funding. He stated the sea oats are manmade and the rest of the vegetation is trying to grow east but it gets hindered by things we fund here, such as the beach Mav 26.2009 REGULAR CQIV~MISSIUN MEETING Page 2 groomer. He stated the beach groomer is unnecessary and asked why we need them because they do more harm than good. He stated they go over what vegetation we have there. He stated there are also trash trucks that drive through the vegetation. He stated it is the trash trucks and the beach groomer, not the life guard trucks, running over the vegetation. He requested the City get rid of the beach groomer and do what they can to keep vehicles from driving on the vegetation. Mayor Meserve stated he has been to Tallahassee and Washington speaking with people about money for renourishment and stated they have written out any beach renourishment funding from the State. He stated our beach is in good shape now, but if you don't have it renourished every five years you can get into problems like the other beaches where the houses aze falling into the sea. Tad Heyman, 6S9 Ocean Blvd., addressed the Commission regarding the $50 parking tickets that have been given out recently to cars that aze partially or completely blocking the sidewalk. He stated his neighbor, who has been here 45 years, has no choice but to park in a manner where her caz overlaps the sidewalk due to the way her house is set on the lot and she got a ticket. Mr. Heyman stated this had never been enforced until this instance. Chief Classey asked him to call him tomorrow and he will discuss it with him. Bruce Cleary, 664 Beach Avenue, also addressed the pazking tickets stating as far as he and everyone else can recall no one has ever been ticketed on that street. He stated the sidewalks that the cars were ticketed for were actually put in by the residents years ago between the three different houses so the older folks living there could get from house to house. He asked when do you decide what a City sidewalk is. He further stated when the new ticket becomes the hot item for the day, week, or yeaz, do they not at least give the residents who have been around for 50 years a warning first. He stated some people were at their cars and still were not given a warning, they were just ticketed. Mayor Meserve stated they will figure it out when the City Manager reports back to the Commission. Mayor Meserve and City Manager Hanson stated if the sidewalk is on the right of way it is a City sidewalk. Commissioner Fletcher stated, unless they drive into their living room, there aze cars that aze going to hang out over Beach Avenue. He agreed these citizens have a legitimate point in that comdor. Mayor Meserve stated they will address the issue. 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 City Manager Hanson reported we have received notice that the Justice Assistant Grant program application has been approved and that an additional $38,580 has been added to the original application amount of $225,000. He stated there is no local match on this and it will be included in the budget discussions. Mr. Hanson followed up on the citizen complaint about mail service as related to the utility bills being sent out with "return service requested". He stated after discussion with the Post Office we will change the wording on the bills sent out to "address Mav 26.2009 REGULAR COMMISSION MEETING Page 3 service requested" which will solve the problem of short-term forwarding while citizens are out of town. Commissioner Borno asked if the City Manager had let Don Remley, who made the request, know this. City Manager Hanson stated he will notify Mr. Remley. 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 Utility Sales Report and Finance Report for April 2009, list of Business Tax Receipts issued in April 2009 and Annual Water Quality Report for 2008. B. Extend the contract for Bid No. 0708-08 -Lawn & Pest Control for City Facilities with Pestmaster Services of Jacksonville for one year (6/1/09 through 5/31/10) at the current unit prices. C. Authorize the Mayor to sign the Application for Revenue Sharing 2009-2010. Mayor Meserve read the Consent Agenda. Commissioner Borno asked to pull Item A. Motion: Aaarove Consent A,,genda Items B and C, as read. Moved by Parsons, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno noted on the Project Activity Report there are eight completed projects and three that have been cancelled because of funding availability due to the tight budget. He stated we don't have that many projects in front of us, which is being driven by budget restraints. He pointed out that he wanted the public to see this because things are getting tight, and when things get tight we don't get projects done and then things don't work. He cautioned that the citizens need to be paying attention and working with us in the fixture. Motion:. Anarove Consent Agenda Item A, as read. Moved by Borno, seconded by Parsons Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mav 26.2009 REGULAR COMMISSION MEETING Pace 4 Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 09-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, NAMING CITY'S NEWEST ADDITION OF PARK AND CONSERVATION LANDS ON THE WEST SIDE OF CITY AND ADJACENT TO INTRACOASTAL WATERWAY. Mayor Meserve read Resolution No. 09-07 by title only. He stated the Commission will recommend that azea be named the River Branch Preserve. Motion: Approve Resolution No. 09-07. as read. Moved by Borno, seconded by Fletcher Commissioner Borno stated the only challenge before the City now is to come up with enough money to put a nice, beautiful sign in a good, logical place so people coming from either the East or West will be able to see River Branch Preserve. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Resolution No. 09-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITIZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA. Commissioner Woods explained this resolution will be withdrawn because the State legislature failed to pass legislation that would make this project possible. She further stated both House and Senate bills necessary to establish the framework for the Sun Rail and future commuter rail projects in the State were not passed. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 95-09-99, Public Hearing and Final 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 Mav 26.2009 REGULAR COMMISSION MEETING Page 5 PUBLIC NUISANCES TO CONFORM WITH FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve read the Ordinance by title only. Motion: Approve Ordinance No. 95-09-99. as read. Moved by Borno, seconded by Woods Mayor Meserve stated Nancy Garcia with NEFAR made several comments to have the Commission consider not just eliminating the Ordinance but saying there are other laws that should be referenced in our Ordinance. He stated there aze two pieces to this Ordinance, one being that the function of the Nuisance Control Boazd will be assigned to the Code Enforcement Boazd. He stated the other half is how we enforce laws on those people with rental properties who continue to rent to bad people. Mayor Meserve opened the Public Hearing. Peter Sapia, 1655 Selva Marina Drive, stated he owns several properties in Atlantic Beach and believes we need this Ordinance. He further cited several areas of concern and suggested that a real estate attorney review the Ordinance as related to Florida Statute 83, Landlord-Tenant Law, to see that we don't have any conflicts. Jeanell Wilson, 30~ S. 3'~ St., Jacksonville Beach, stated she is a realtor and applauds the City's efforts on cleaning up the Maypart corridor. She stated she agrees with the first portion of this Ordinance, combining the boards, but also expressed her concerns that this seems to be holding the landlord responsible for the action of their tenant and she believes they cannot control the actions of their tenants. She further expressed the law applies to everybody in Atlantic Beach, not just landlords, and there are laws against drugs, prostitution and gang activity which should apply to everyone uniformly, not just punishing a landlord who happens to rent to a tenant who, unknown to them, is doing these type things. She believes this is somewhat discriminatory by targeting landlords. No one else from the audience spoke, so Mayor Meserve closed the Public Hearing. Redevelopment Coordinator Dale Hatfield explained the ordinance and statute don't conflict, but go hand-in-hand with each other. Discussion ensued regarding convictions versus arrests and Mr. Hatfield assured the commission the landlord could not be sued for defamation of chazacter due to an eviction resulting from illegal activity by their tenant. Mr. Hatfield further stated they are not holding the landlord responsible because something has been done on their property. He stated they will notify the landlord and be there to help them, then if they don't do anything to abate the problem, they can be held liable. Mayor Meserve stated this is talking about multiple offenses and the vast majority of landlords have good rental properties. He stated there aze some repeat offenders and they don't have the tools right now to go after those very few people. Mr. 3ensen explained this Ordinance doesn't just apply to rental properties. He stated it applies to all properties in the City. Mav 26.2009 REGULAR COMMISSION MEETING Pace 6 Commissioner Parsons stated he believes landlords should be given written definition as to what is expected of them. Assistant City Manager stated this would depend on the circumstances; they are not all the same. Mr. Jensen stated, with this Ordinance, Mr. Hatfield has incorporated all the statutory provisions related to what can be considered a public nuisance into our Code. Mr. Hanson stated he asked Mr. Jensen to add language into our Ordinance that would assure that the landlords had adequate time to take action. Commissioner Borno agreed that some parameters should be spelled out. Mr. Jensen referred to his revisions that were provided this evening and stated his suggestion was to add to Sec. 2-167 (c} "such evidence shall include any action taken by the owner to abate the nuisance and the time frame, after notice to him, with which such action was taken." He stated it is up to the Nuisance Board to determine whether the action to abate the nuisance was sufficient and whether he acted promptly. He stated it will have to be determined on a case-by-case basis. After further discussion it was the consensus to incorporate Mr. Jensen's language into the Ordinance. Motion: Aaurove amendment to add to Sec. 2-16'7 (c) "Such evidence shall utclude anv action taken by .the owner to abate the nuisance and the time frame, after notice to him. with which such action was taken." Moved by Fletcher, Seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Motion: Aaprove Ordinance No. 95-09-99„as gmended, to add to Sec. 2-1671c) "such evidence shall include anv action taken by the owner to abate the nuisance aad the time frame. after notice to him,,,,with which such action was taken." Moved by Fletcher, Seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Public Hearing -Exemption to allow chain-link fences to remain on three residential lots within the Commercial Zoning District located at 3 Forrestal Circle North, 90 Forrestal Circle South and 2 Forrestal Circle North. Ms. Doerr summarized the options available and made suggestions for the Commission's consideration for the three lots. Mayor Meserve stated he did not agree Mav 26..2009 REGULAR COMMISSION MEETING Pace 7 with the suggested motion because the Commission has determined they aze not going to remove chain-link fences, or set laws in motion saying they aze illegal, and they did not say that they were going to tell homeowners that, if they have achain-link fence in their front yard in a residential azea, they have to landscape it. He stated he would suggest considering a motion that would grant a waiver for those three specific properties because we find that removal and immediate replacement of the existing chain-link fences is unreasonable and it is not the intent of the commercial corridor development standards to apply to properties in residential use and the subject properties are within a residential subdivision that has been residential use since development, subject to all provisions of future code changes, including maintenance requirements. Motion: Grant waiver for the three specific properties ( Forrestal Circle North, 90 Forrestal Circle South, 2 Forrestal Circle North) from Section 24-171(fl of the Land Development Regulations anon finding removal and immediate replacement of the existing chain-link fences is unreasonable and it is not the intent of the commercial corridor development standards to apply to properties in residential use and the subiect properties are within a residential subdivision that has been residential use since development. This waiver shall not exempt the property owners from any other provision of the Land Development Regulations, as may be amended, regalating the condition of fences which are in a state of disrepair, dilapidated. in poor condition, or a safety hazard to clear vehicular sight distance. Moved by Fletcher, Seconded by Woods Mayor Meserve opened the Public Hearing. No one from the audience spoke, so Mayor Meserve closed the Public Hearing. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Public Hearing -Request for a Waiver from the City Code Section 19-5 to Allow a Vertical Obstruction (curb) in the Roadway Safety Zone at 1849 Seminole Road. Public Works Director Rick Carper gave a slide presentation explaining the issue and the request for waiver to allow Mr. Morin to keep the header curb in the front of his home. Motion: Approve waiver. Moved by Parsons, Seconded by Fletcher Mayor Meserve opened the Public Hearing. Edward Morin, 1849 Seminole Road, explained the reasons he had the curb put in, stating he thought his contractor had a permit to put the curb in. He requested the Commission grant his waiver so he could keep the curb. 1,V~av Z6,, 2009 REGULAR CO V M~SSIO~i MEETING Pace 8 No one else from the audience spoke, so Mayor Meserve closed the Public Hearing. Commissioner Borno asked Mr. Morin if he had received other waivers from the City in the past. Mr. Morin stated he had asked for a waiver for a fence. Commissioner Fletcher stated he was concerned that if they grant the waiver there will be a line of people who want exceptions, because everyone on a corner lot wants a header curb to keep garbage trucks and others off their lawn. He further stated he was also tom because our City employee instructed the contractor on how to build the curb properly. Mr. Jensen stated although the City employee was telling the contractor, who was in the process of pouring the curb, to dig the curb deeper, the contractor knew at the time he did not have a permit to put the curb in. Commissioner Woods asked if the curb presented a safety hazard. Mr. Carper stated it did not because it is 34' from the curb to the edge of pavement on the north side, which is a parking area. He further stated with 20' for the pazking area, there is still 14' for the (ravel way. He explained within 2' of the edge of pavement is called the safety zone. Commissioner Woods asked if the curb is in the safety zone, why is it not considered a safety hazazd. Mr. Carper stated although it is within the safety zone by definition, in this specific case, he would say it is not creating a safety hazazd. Commissioner Borno asked whether landscape timbers are allowed in the safety zone. Mr. Carper explained the ones in Mr. Morin's yazd previously were grandfathered in. Further discussion ensued regazding safety zones, permits, and setting precedence. Commissioner Parsons asked whether Mr. Morin would be allowed to put the railroad ties back if the waiver is denied. Mr. Carper stated no, they are not allowed by City Code. Commissioner Woods stated he could put a header curb two feet away from the pavement edge, with a permit, to keep the trucks, etc. off his yard. Commissioner Borno reiterated that the contractor never should have started the work without an approved permit. Mr. Hanson stated when he met with Mr. Morin initially, he believes the City inspector did make an error by telling the contractor to put the curb in properly rather than substandazd. He stated he offered to pay Mr. Morin the difference of what it would have cost to put the curb in in a substandazd fashion and what he did pay to put it in properly, as a compromise. He stated Mr. Morin did not want that, he wanted to keep his curb. Votes: Aye: 0 -- Nay: 5 -Borno, Fletcher, Meserve, Parsons, Woods MOTION DENIED After further discussion, Mr. Hanson suggested Mr. Morin speak with Rick Carper tomorrow to see what alternatives are available to him. C. 2009 Florida Municipal Achievement Awazd in the Environmental Stewazdship category. Mav 26, 2009 REGULAR COMMISSION MEETING Page 9 City Manager Hanson explained this is an award through the League of Cities and staff wanted to submit the septic tank conversion program for the awazd due to its uniqueness and success. He stated this requires authorization by the Mayor. Motion: Authorize Mayor to slap letter of recommendation to submit the City's nomination for the 2009 Florida Municipal Achievement Award in the Environmental Stewardship cateeory. Moved by Borno, Seconded by Parsons 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 we were at a point where staff was going to have to make an interpretation of the intent of the City Code based on a height determination based on where the starting elevation is for someone's house. He stated an elevation was given to staff for this particulaz house and a building permit was issued but it came to the attention of staff that the information may not be accurate so the owners were asked for the original survey which they were unable to provide. He stated the Code allows for a survey of elevations to be done after the initial elevation, based on everything except the footprint of the house, which the owners tried to do. He stated that with the additions and deletions of dirt it became cleaz there was no way to do an accurate, current survey of what that elevation was because it had been adjusted so dramatically. He stated that put the City in the position of telling the owner they couldn't build the house because there was no way to determine what the correct elevation was, or the City had to make an interpretation of what the intent of the Code was, which is explained in his staff report. He stated since this explanation was written, the owner supplied a survey to staff from 2005 which justifies an elevation that is a little less than what the original application was for, but more than what staff was to use for the compromise. He stated at this point staff believes they now have a survey that complies with the definition in the Code, so there is no Commission action necessary. Mr. Hanson further reported there will be a press conference and award presentation for the 2005 Duval Renourishment Project scheduled for Friday, May 29 at 11:00 a.m. at the 10`" St. Beach Access. He stated the award will be presented by a representative of the American Shore and Beach Preservation Association, This event is being put together by the Corp of Engineers and Congressman Crenshaw is scheduled to be present. He further stated all Commissioners are invited to attend. Mr. Hanson reported the dedication and unveiling of our new statue, "In Search of Atlantis", will be held at the five points intersection on Saturday, May 30, at 10:00 a.m. Mai 26,, 20(19 REGULAR COMMISSION MEETING Page 10 Mr. Hanson announced the budget workshops have been scheduled for Monday, August 3; Wednesday; August 5; Wednesday, August 12; and Monday, August 17 (if needed). All workshops will be held from 5:00 - 9:00 pm. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Recommendation from Boazd Member Review Committee on appointments to Cultural Arts and Recreation Advisory Committee. Commissioner Borno reported the Board Member Review Committee made the following recommendations: reappoint Lori Gaglione to serve on the Cultural Arts and Recreation Advisory Committee for an additional term; appoint Meade Coplan to serve on the Cultural Arts and Recreation Advisory Committee; and reappoint Mark Howazd to serve on the Cultural Arts and Recreation Advisory Committee for an additional term. He further stated the Committee also recommended an alternate choice of Rita Simon, should the Commission not choose the Committee's first choices. Motion: Reappoint Cori Ga~lione to serve on the Cultural Arts and Recreation Advisory Committee for an additional term. Moved by Woods, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Motion: Appoint Meade Coplan to serve on the Cultural Arts and Recreation Advisory Committee. Moved by Woods, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Motion: Reappoint Mark Howard to serve on the Cultural Arts and Recreation Advisory Committee for an additional term. Moved by Woods, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserye, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno • Thanked the Commission and staff for their support provided for the Florida League of Cities meeting last Thursday at Selva Marina. He stated it went exceptionally well due to everyone's efforts. Mav 26.2009 REGULAR COMMISSION MEETING Page 11 • Stated he has not seen any City Attorney status reports since April 2007 and would like to start receiving them again. Commissioner Parsons • Recommended all the Commissioners attend the beach renourishment ceremony. • Discussed tickets versus warnings on Beach Avenue. Asked the Chief why they can't give the residents a wanting the first time. Chief Classey stated that is at the discretion of the officer but stated parking on the sidewalks becomes a safety issue. • Stated the pot holes on Seminole Road need to be fixed as soon as possible. • Stated he would like to get rid of the remaining speed bumps on Beach Ave. Commissioner Woods • Stated Supervisor of Elections office is in the process of updating Atlantic Beach's new precinct lines. Commissioner Fletcher • Congratulated Commissioner Borno and Mayor Meserve on the Florida League of Cities dinner. • Stated he believes our police do a really good job, but stated there is an issue the Commission will have to deal with on Beach Avenue because there is no room to park. Mayor Meserve • Suggested the Police could notify citizens in advance if they are going to blitz an area with tickets. Commissioner Borno suggested they could pazk in the garage and not leave their cazs out on the road. Commissioner Fletcher stated there aze no garages; they would be in their living rooms. Adjournment There being no further discussion, the Mayor declazed the meeting adjourned at 7:45 p.m. John S. Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk