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Draft Min 6-8-09MINUTES REGULAR. CITY COMMISSION MEETING June 8, 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 CaU to OrderlPledge 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. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meetatg of May 26, 2009. Commissioner Woods stated, on pg 8 regarding the curb, she was of the understanding that Mr. Carper had finally decided it was a safety hazard, which was part of the reason she based her vote. Commissioner Fletcher stated he did not recall Mr. Carper concluding that it was a safety hazard. Mayor Meserve stated they should approve the minutes as written and then go back and listen to the tape, because he also concluded the curb was not a direct safety hazard. Commissioner Woods stated her recollection was that it was a narrow right-of--way and there was not the opportunity for bicycles and strollers to be able to get off the curb. Mayor Meserve stated they will approve the minutes as written and staff will go back and review the recording and, if needed, it will be amended at the next meeting to include that wording. Motion: Aanrave the minutes of the ReQUlar Commission Meeting of Mav 26, 2009, as written. Moved by Borno, Seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve recognized and welcomed former Commissioner Dezmond Waters who was in the audience. 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. Dee Reiter, 1798 Selva Marina Drive, spoke in support of the proposed dog park and thanked the Commission for their consideration of the dog park. John Goodling, 149 10`~ Street, addressed the 10~' Street Beach Access pazking, stating there is a resident who frequently pazks in one of the 10 public parking spaces, June 8 , 2009 REGULAR COMMISSION MEETING, Page 2 even though there aze 10 reserved pazking spaces for the residents of the apartments, and asked the Commission if something can be done to enforce this parking issue so public spaces remain open for the public. Mayor Meserve stated he is going to look into this and will write the individual a letter. Jonathan Daugherty, 83Q Hibiscus St., stated he supports the dog park and believes the proposed site is a good choice because it has plenty of parking, two ponds with a trail around them which would allow for a big dog and little dog park, and it is away from neighbors. He explained a temporary website, atlanticbeachdogpazk.com, has been established where citizens can get information and exchange ideas on the potential park. Donna Bagby, 1817 Selva Grande Drive, stated a committee had been formed to create a public dog pazk located at the Tideviews Preserve. She stated the committee will create a SO1C nonprofit organization for tax purposes and money management. She stated the master plan process has been predicated upon survey results, city staff comments, building contractor estimates, committee meetings, and researching existing successful dog parks across the country and stated she had provided the Commission with the Master Plan and a map of the site showing some of the amenities that will need to be implemented in order to create a safe environment for a successful dog park. She asked the Commission to direct staff to investigate a proposal and come back with a recommendation on how to move forward on this. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney (lOC taken C. Proposed Dag Park. out of sequence) Mayor Meserve explained there is no budget line item for this park and the City does not own the land, it is part of an easement. City Manager Jim Hanson explained there are a number of issues to resolve and stated City staff came up with the Tideviews Preserve location because it is a very underutilized pazk, which can cause problems, and there is an advantage in having more people using the pazk. He further agreed with Mr. Daugherty that there is adequate parking, public bathrooms, good trails and it is a very scenic park. He stated there aze some issues the City staff and the private group need to be looking at that need to be resolved. He explained this property around the park was deeded to JTA when the flyover project was put in so they could install the pond and the FDOT has the jurisdiction over it because it was built for the stormwater runoff from the bridge. He stated it may be necessary for the City to take back the possession but in doing so the City may have to take on the responsibility of maintenance of the pond, which now we are getting some money from FDOT to do. He further explained the water in the pond would need to be tested far water quality, since it is basically stormwater runoff from a bridge, to assure the water is safe for dogs that would be swimming in the pond. He further stated when the City consents to let a private group develop City property, such as the beach accesses, and they commit to maintaining it the City needs to assure June 8.2009 REGULAR COMMISSIQN MEETING Page 3 the group will be there long-term and it is not just one person saying they will do it because they may move, die, etc. and there is no one left to maintain it. He stated the beach access program required that there was some sort of a committee. He stated the creation of the 501 C with officers and a self perpetuating mechanism can certainly fulfill that requirement. He further stated he anticipates having a staff report for the Commission to look at to tie this all up. Commissioner Parsons stated he is in favor of the dog park and would vote for it if they get all the particulazs lined up. He further stated be has already received an email asking if the City gives the dog lovers a park aze they going to change the time dogs are allowed on the beach and cautioned the supporters of the pazk that there may be these types of fights from the non dog lovers if this is approved. Commissioner Woods agreed this seems like a wonderful situation and hopes there is nothing that prevents it from happening. She stated she has secured some matching funds of up to approximately $15,000 and reiterated she is behind them all the way. Mayor Meserve stated, from a Commission standpoint, it would be better to have just one Commissioner who is willing to work the hand and glove stuff, because if you have two Commissioners every meeting has to be noticed because of the Sunshine Law. He asked Commissioner Woods to serve in that capacity to keep this thing going. Motion: Approvg the conceut of the do_,g aark and direM staff to work toward resolving the issues and resort back to the Commission. Moved by Borno, seconded by Fletcher Commissioner Borno stated he totally supports the park but cautioned people to get off emotions and deal with solid facts so this can be put together and it can work. He asked Commissioner Woods to guide the people that way. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve requested Jonathan Daugherty carry the message to his neighbors so they will support this. 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, June & 2009 REGULAR COMMISSION MEETING Page 4 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 Public Works and Public Utilities Department Report for May 2009, Police Department Report for 1St Quarter 2009, and list of Business Tax Receipts issued in May 2009. B. Extend the Meter Testing and Repair (Bid No. 0708-09) contract for one additional yeaz to United Water Solutions, Inc. at the contract prices. Mayor Meserve read the Consent Agenda. Motion: Aanrove Consent Agenda Items A and B. as rgad. Moved by Parsons, seconded by Bomo Votes: Aye: S - Borno, 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 None. Miscellaneous 8. Miscellaneous Business Business A. Request for an extension in time of previously rendered vesting determinations from Rich and Amber Grady and Dezmond and Angela Waters to permit the redevelopment of atwo-family dwelling on each of the owner's lots at 1820 Ocean Grove Drive and 1757 Ocean Grove Drive. Mayor Meserve read the request for extension. Community Development Director Sonya Doerr explained the request for extension. She stated, after discussion with the City Attorney, Mr. Jensen believed this should be done as a waiver to the Land Development Regulations. Motion: Grant waiver to e~ctend terms of vesting determinations for an additional frvg years for construction of atwo-family dwelling at 1757 Ocean Grove .Drive (extended until August 6, 20141 and 1820 Ocean Grove Drive (extended until October 5, 20141. Moved by Bomo, seconded by Parsons Discussion ensued regazding whether to have a time indefinite for the extension but it was determined they would keep the five year extension. Jane 8.2009 REGULAR COMMISSION MEETING Pate 5 Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Dezmond Waters addressed the Commission commending them for the installation of the sculpture at the five points intersection, the redevelopment of Mayport Raad, and the success of the beach accesses. He further commended the City Manager for the trees in the City. Regazding the issue before the Commission, Mr. Waters thanked them for the five yeazs and stated if his son cannot make up his mind in five years, tough luck. He stated he believes five years is generous and expressed his appreciation. Mr. Waters further suggested using the property at the water tower for a dog park if they find they cannot put one at Tideviews. B. Memorandum of Agreement between City of Atlantic Beach and Northeast Florida Utilities to assess Groundwater Resource Sustainabitity in Northeast Florida. Utility Director Danna Kaluzniak explained the agreement and asked if the Commission had questions. Motion:. Approve Memorandum of Agreement Between the City of Atlantic Beach. Clan County Utility Authority, City of Fernandina Beach, City of Green Cove Springs, City of Jacksonville Beach, JEA. City of Neptune Beach. Town of Orange Park, City of Palatka. Putnam County, Citv of St. Augustine and St. Johns County to Assess Groundwater Resources SustainabilitY in Northeast Florida and authorize the City Manager to sign the Agreement. Moved by Parsons, Seconded by Fletcher Commissioner Parsons commended Ms. Kaluzniak and staff for bringing this together. Commissioner Borno asked if having this agreement in place would keep us informed so we don't get more unfunded mandates. Ms. Kaluzniak stated it would and they will be having frequent meetings with the Water Management District and our consultants. She stated she will be attending these meetings and will keep Mr. Hanson informed so he can keep the Commission informed. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Authorization to spend forfeiture funds for police related items. Chief Classey explained forfeiture funds aze funds seized by the police department, generally, in drug cases. He stated the funds are restricted by the Florida Statute in what they can be used for, i.e. they cannot be used for normal operating expenses nor salary and benefits. He stated it is generally used for training or additional police June 8.2009 $i~ULAR COMMISSION MEETING Page 6 equipment. He explained what they want to use the funds for, as outlined in his staff report, and requested the approval of the Commission. Motion: Approve the utilization of $12,700 as dgscribed in thg staff resort and direct staff topreaare a Budget Ordinance to bring back to the Commission. Moved by Woods, Seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Public Safety Department Report for 1St Quarter 2009 Chief Classey explained his staff report, pointing out the highlights, including that Atlantic Beach continues to have the lowest crime rate in Duval County as well as the highest clearance rate. He further explained the statistics in his quarterly report. Commissioner Parsons remarked on the 300% increase in rapes and asked if they had made arrests on those three rapes. Chief Classey stated he did not have the complete details on where the rapes occurred and what the disposition was. Commissioner Borno asked if the arrest reports in the paper that refer to the 900 block of Plaza. are related to the apartment complex there. Chief Classey stated yes, there is a high call volume within that particular apartment complex. He further stated that management of the apartment complex is very supportive and when they aze made aware of a problem they start the eviction process to get rid of those tenants. City Manager Hanson pointed out the average emergency response time is under 2 minutes and 30 seconds. City Manager 9. City Manager A. City Manager's Report Mr. Hanson explained Jacksonville is the primary source for mosquito control and reported they did their first aerial spraying for mosquitoes last week in response to a lot of complaints from people in Atlantic Beach. He stated it is important for people to contact Jacksonville first when they have a problem with mosquitoes because with the aerial fogging they can kill the mosquitoes that are currently out. He further explained that Atlantic Beach provides another type of mosquito control to supplement and not duplicate what Jacksonville does. He stated this includes: (1) contractor determines where the mosquitoes are breeding, (2) spray to kill larvae where they find them, and (3) fogging for adults. He stated he was disappointed that the media had already left because he was going to encourage them to do a story and put the number for Jacksonville Mosquito Control in the paper. He stated Jacksonville basically allocates their service by the number of complaints they get, so he encouraged the citizens to call Jacksonville first if they have mosquitoes and Atlantic Beach will follow up second. June 8 2009 ~tEGULAR COMMISSION MEETING Pase 7 Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Status of Ferrellgas case. City Attorney requested a Shade Meeting with the Commission to discuss this pending litigation. Mayor Meserve stated the Shade Meeting will immediately follow this Commission Meeting, which will necessitate everyone leaving so the Commission can discuss the legal issues. He stated because it is a legal case, that allows the Commission to have a Shade Meeting. B. Workshop to discuss pazking in the right-of--way. Mayor Meserve stated there aze some places where this is an unsolvable problem and he does not know how much they want to raise the ire of those who have more cars than parking spots and live on those streets where the driveways aze very short. Commissioner Borno agreed this can be a hot issue but suggested, for all the areas where they are not supposed to be parking on the right-of--way, this could be addressed by getting notification out to let those people know this is going to be enforced. Commissioner Woods stated she believes this is an issue that needs to be addressed and is not one that will have aone-answer-fits-all. She believes staff can help them with this by looking at the different kinds of roadways and different sizes of right-of- ways and coming up with suggestions to solve all the individual problems. She stated this does not need to be addressed now since they have budget coming up but does believe they need to follow through with a workshop at a later date. Fletcher asked if it has been clearly defined what the parking in the right-of--way problem is. He stated this is a very diverse city and believes they don't need to be passing rules to solve non-problems. He stated he has not heazd a loud uproar about parking in the right-of--ways and wants to pull back from trying to pass laws when they don't have a clear definition of what they are trying to solve. Commissioner Borno stated he believes it is already in the Ordinance that there is no parking on the right-of--ways. Mr. Hanson stated that is correct; on a regular basis, is the way it is worded. Mayor Meserye stated he is not against giving parking tickets for illegal pazking but stated his question is, what are we trying to solve? He suggested taking a more measured approach by looking at where the major problems are and checking what other people have done to solve it without just going out and saying it's illegal to park somewhere. He agreed some yards do not have enough pazking in their driveways for their cars and they have to have a place to park. Commissioner Parsons agreed warnings need to be going out but stated this is a sensitive subject and when people have been pazking there forever, how do you tell them to stop. He said he did not know what to do but a law is a law and if they are June & 2009 REGITLAR COMMISSION MEETING Fuge 8 going to start enforcing it they definitely need to warn them way in advance instead of just going out and giving them tickets. Commissioner Woods stated that was what she was hoping to accomplish, to create some solutions to solve the problem because the laws are on the books but everybody is still doing it. She stated you need somewhere to park and believes it is the Commission's responsibility to come up with solutions to provide safe parking within the City. Mayor Meserve stated he would not call a workshop right now but would direct staff to start to take a look at this. He stated they need to be concentrating on the budget issues for the next few months and can schedule a workshop for this issue after that is complete. C. Proposed Dog Park. (Item l OC was taken out of sequence and acted on earlier in the meeting.) Commissioner Borno • Stated the work on AIA near Mayport Village is looking pretty good. He further stated the ditch that goes by Fleet Landing and crosses under Mayport Road to AlA is starting to get quite a few trees down in it and asked if Atlantic Beach or Jacksonville maintains it. Mr. Hanson stated he believes we have the contract to maintain that all the way to the Intracoastal but will check to make sure. Commissioner Borno stated he would like to see these trees removed since we are going into humcane season. • Need to designate a voting delegate at the next Commission meeting for the Florida League of Cities Annual Conference from August 13-15, in Orlando. He stated he will not be able to attend this yeaz due to personal commitments. Commissioner Parsons • Expressed his appreciation for those who attended the unveiling of the statue and read a positive email received from Howazd Smith related to the statue. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:11 p.m. and opened the Shade Meeting at 7:12 p.m. ATTEST: John S. Meserve, Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk