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Draft Min. 6-22-09MINUTES REGULAR CITY COMMISSION MEETING June 22, 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 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 June 8, 2009. Motion: Apurove the minutes of the Regular Commission Meeting of June 8, 2009, as written. Moved by Borno, Seconded by Parsons 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 process for public comments. Clyde Bradley, 443 Whiting Lane, addressed the Commission regarding a problem he had with Ferrell Gas after they filled the tank at his home. He stated afterward he smelled gas fumes very badly and several hours after alerting Ferrell Gas, who never showed up, he left the house because he was feeling badly from the fumes. He stated he spoke to two captains at the fire station who stated they don't handle that. He also spoke to a police officer who was getting off duty and he too did not help. He stated this is the second time something like this has happened with Ferrell Gas but stated he also believes somebody in Atlantic Beach could have done something to help him. 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 Mr. Hanson responded to the question at the last meeting about the minutes regarding the issue with the curb, stating the City Clerk prepared a verbatim transcript from the audio recording which was attached to the agenda. He further stated that portion of the June 22.2009 REGULAR COMMISSION MEETING Page 2 tape was a little garbled and the City Clerk was not able to get all of the comments exactly. Ms. Bartle, therefore, called Mr. Carper to clarify what he said and was told there was a safety issue in that particular situation. Mr. Hanson stated Mr. Career's comment was also typed at the bottom of this attachment to the agenda item. He stated the Commission could decide whether they want to change those minutes to incorporate that transcript. Commissioner Fletcher stated Mr. Carper did not say this was a safety issue in the meeting and he would not support a change in the minutes. Mayor Meserve stated Mr. Carper may have stated this was a safety issue in retrospect, but agreed with Commissioner Fletcher that Mr. Carper did not say this at the meeting, as he recalls. After further discussion, it was the consensus of the Commission to add the verbatim transcript as an attachment (which is attached and made part of this Official Record as Attachment A) to tonight's minutes and not change the minutes from b/8/09. Motion: Attach verbatim transcript to tonight's minutes as Attachment A Moved by Woods, Seconded by Parsons Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mr. Hanson further gave afollow-up report on the tree that had fallen in the drainage ditch and reported the City of Atlantic Beach does have a contract with FDOT to maintain that ditch all the way to the Intracoastal and the City will remove the tree. 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 and Utility Sales Reports for May 2009 Mayor Meserve read the Consent Agenda. Motion: Approve Consent Agenda Item A, as read. Moved by Parsons, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports June 22.2009 REGULAR COMMISSION MEETING Page 3 None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances None. Miscellaneous 8. Miscellaneous Business Business A. Public Hearing: Community Development Block Grant (Stimulus) Application. Mayor Meserve explained staff is recommending that Atlantic Beach submit an application for the Donner subdivision sewer rehab project, which is a total of $197,707. He stated this project does meet the CDBG funding guidance. Motion: Authorize staff to seek the CDBG funding discussed above and authorize the Mayor to sign the annlication and subsequent documents for the grant. Moved by Borno, Seconded by Woods Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Borno asked if there are any other areas that, in the future, could use CDBG funds. Assistant City Manager David Thompson stated yes, on the other side of Mayport Road there are some areas with old clay piping. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Designate a Voting Delegate to FLC Convention in Orlando, August 13-15. Mayor Meserve stated unless someone volunteers they will not designate a voting delegate this yeaz. He stated he believes we can still make the same impact, because most of the votes are pretty scripted anyway. Commissioner Woods asked what the cost would be to the City to attend. Commissioner Borno stated the registration is $375 before the deadline and afterward it goes to $525. Commission Woods stated, with hotel, it would probably be close to $1,000. C. Bonfires on the beach during nesting season Mr. Hanson stated the City has been giving out permits for bonfires on the beach but the State law and DEP regulations state bonfires are not allowed on the beach during Juue 22, 2A09 REGULAR COMMISSION MEETING Pace 4 sea turtle nesting season, which here is May 1-October 31. He asked if the Ordinance should be amended to reflect this or if the City should go by State law and not give out permits. City Attorney Jensen stated State law would trump our Ordinance and believes amending the Ordinance would be redundant. It was the consensus of the Commission to abide by the State law and not give out permits during the nesting season. City Manager 9. City Manager A. City Manager's Report (1) Strategic Planning Quarterly Report Mr. Hanson asked Chief Classey to update the Commission on the design of the new police building. Chief Classey summarized the actions to date for the Commission, stating they have reduced the size from the original 18,000 s.f. to under 13,000 s.f. which he believes will adequately meet the needs of the Police Department. Mr. Thompson further updated the Commission, adding that the reduction in square footage also amounts to approximately a $1.5 million reduction in the price tag. He also explained there aze several items that could qualify for grant money. He suggested the Commission may want to take a tour of the police building in Mt. Dora which is a comparable modern police facility and stated he could arrange the tour if they want to do this. Mr. Thompson and Chief Classey then answered several questions from the Commission. Mr. Hanson suggested a tour of the Jacksonville Beach facility as an option to Mt. Dora since it is located here. Mr. Hanson also asked when Mr. Thompson would have the report from ADG (Architect Design Group) for this phase of the work. Mr. Thompson stated it should be completed before the end of the month. Mr. Hanson referred to the advocacy report from the League of Cities he distributed to the Commission, explaining it outlines how our legislators voted in the last session of the general assembly on the major items that are of concern to the cities. He pointed out one example was a bill that calls for a referendum on the 2010 ballot to place a 5% cap on property tax assessments for commercial and residential rental property, similaz to the 3% Save Our Homes cap, and to give first time home buyers up to $100,000 in homestead exemption. He stated both Senator King and Representative Renuart voted for this, even though there was a request made by city officials who went to Tallahassee to oppose the legislation. He further pointed out that the elected officials in Tallahassee voted against city priorities in all but one case during the last legislative session. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney City Clerk Bartle • Suggested, in order to make it easier and resolved quicker, if a Commissioner has an issue or problem with any part of the minutes, please contact her prior to the meeting so she can research the item and be able to confirm the information at the Commission meeting. Mayor Meserve agreed that was a good idea. June 22.2009 REGULAR COMMISSION MEETING Page Commissioner Borno • Suggested the Board Member reception be scheduled mid to late September so it will be cooler for the cookout. It was the consensus of the Commission to do this. Commissioner Parsons • Atlantic Beach Public Arts Commission is having a drawing for a scooter to raise funds for the installation of the base for the statue, In Search of Atlantis. He stated the tickets are $20.00 each. Mayor Meserve • Stated he and Fland Sharp were approached by former Mayor Delaney at a social event, who reminded them they live on an island called San Pablo Island. Mr. Delaney stated it has disappeared off maps and no one uses it as an advertising piece. He stated after their talk, they believe it would be a grand idea, particularly for the tourism industry, to resurrect the fact that, instead of saying we live across the ditch or east of Jacksonville, to say we live on San Pablo Island. Commissioner Fletcher stated our insurance rates will go through the roof. Mayor Meserve stated this would be just an advertising thing, the insurance people know we are on a barrier island. He stated there are other islands going all the way up the coast, particularly in Georgia and South Carolina and that is one of their main entrees when asked where they live, to say "I live on Amelia Island". He stated that is a nice destination point and believes, over time, we could do that. He asked that the Commission just think about it. He stated Fland Sharp and Harnett Pruette seem to think it is a good idea and it is just another definition of who we are and where we are. • Has spoken with people regarding development of the golf course and the Michael Sones property, which are probably the last remaining developable acreage in the City. He stated both properties are primarily not within our city limits, but will impact Atlantic Beach a lot more than anyone else with what happens there, i.e. height of buildings permitted, density, trees, etc. He asked for consensus from the Commission to work up an Interlocal Agreement with Jacksonville so Atlantic Beach can take over the permitting and zoning, etc. on those pieces of property. It was the consensus of the Commission to do this. • Stated he is the beaches representative for the transportation planning authority for this region and attended the dedication for the Wonderwood Connector. He stated, while serving on the TPO, they are going through an exercise, working with Executive Director of North Florida TPO Denise Bunnewith, to see if we could qualify for future transportation stimulus money that might be used for road projects here at the beach. • After going to Tallahassee, he believes if the 1.3% property tax is passed, and with no other breaks, that kind of millage rate would put us out of business. He stated going forward he is going to write in the City newsletter about where we are going because we have some real challenges, although we are probably better off than 90% of the cities in Florida. He stated the choices are going to be difficult because we have lost hundreds of thousands of dollars in our revenue stream from ad valorem taxes and anticipate more losses. He stated we have two choices - we can start firing/laying people off or giving furloughs, freezing wages and major cuts. He stated we need to start educating people so June 22.2009 REGULAR COMMISSION MEETING Page 6 they understand that when you are talking about cutting wages and firing people but yet are talking about building police buildings that these are from different pots of money, He stated the half cent sales tax, which we can build capital projects with, cannot be used to pay salaries or for operational dollars. He stated if we can get that word out, he believes we can have a dialogue as we go through the planning process for budget development over the next few months. He stated we need to think not just for next year but in multiple year bites so we can keep this as a sustainable city that knows where its funding is going to come from and plans for the future. Further, regarding the police building, he stated we need to think life cycle costs on buildings because we are going to pay for the electricity, etc. forever. He stated we should build a building that is sustainable, with a low cost of doing business, built out of material that will last and can take everything except rising waters, put the money into good energy conservation and be green. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 6:45 p.m. ATTEST: John S. Meserve, Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk ATTACHMENT A Notes from the Commission Meeting of May 26, 2009 (after listening to audio on June 9, 2009) CW: "Does this curb present a safety hazazd?" RC: "I would say it is not a safety hazard, because the 38 ft from this curb this curb to the edge of the pavement on the north side is a parking area opposite the 20 ft from the pazking area ....you almost have .......you still have 14 ft of travel way." CW : "Somewhere in here I believe it says it is in a safety zone." RC: "That is the words from our city code, yes. " Within 2 feet from the edge of the pavement is called a safety zone. CW: "If it is within a safety zone, why is it not a safety hazazd?" "I am a little confused." "I mean, what's the definition of the safety zone? " RC: "T'he safety zone by definition is within two feet of the edge of any road in the city." RC: "In this specific case, it is probably not a safety hazazd, but it is within the safety zone by definition." MB spoke about the grandfathering. Also about impervious surface in the driveway. PP: Asked about honoring waivers. CW: I'm sorry, I didn't really get to fmish my question I have about the safety issue." CW: "You said there is 14ft between the parking space and the curb? RC: "Yes." CW: "And it's a two way street? " RC: "It is." CW: "And two cars can pass in 14ft?" RC: "No." CW: "Sounds to me like it's a safety issue." RC : .........................(Said afew things that were not clear on the tape and then) "Yes, I won't azgue with that, you cannot get two cazs pass with cazs pazked in the lot." Note: I spoke to Rick today He does not recall his exact words to place in the blank space above; however he did as~ree there is a safe issue with two cars not being able to pass while cars were pazked in the lot.