Draft Min 8-10-09MINUTES
REGULAR CITY COMMISSION MEETING
August 10, 2009
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John S. Meserve
Mayor Pro Tem Mike Borno
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. Commissioner Borno gave
the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Meserve
welcomed the Honorable Cliff Reuter, former State Senator from Indian River County
who was in the audience. Mayor Meserve stated he would move Item 8A to after the
Courtesy of Floor to Visitors.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of July 27,
2009.
Commissioner Woods asked that the minutes be amended as follows: on page 1, Call
to Order/Pledge, after second sentence replace the rest of the paragraph with the
Language on the handout called Mayor Meserve (verbatim) to get a clarification of
what was said and on page 5, paragraph 6, replace sentences 2 and 3 with the language
on the handout called Lyman Fletcher (verbatim). Mayor Meserve clarified that these
were verbatim transcripts transcribed by the City Clerk's office.
Motion: Aanrove the minutes of the Regular Commission Meeting of July 27,
2009, as amended with the two verbatim transcriats included for the record.
Moved by Parsons, Seconded by Borno
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.
Arthur Corsano, 2314 Oceanwalk Dr. W., addressed the Commission regarding
Item 8A, suggesting a 25-foot buffer be written into the agreement which would save
some trees around Oceanwalk and would also save the privacy and whatever inferred
property value that might have, benefiting both developments.
Katherine Davidson, 1913 Sevilla Blvd. W., stated she had a meeting with the City
Manager, Commissioner Fletcher and Gordon Grimes regarding the pros and cons of
going through the wetlands behind Fleet Landing and since that time there has been
August 10.2009 REGULAR COMMISSION MEETING Paee 2
some discussion that the wastewater pipe not go through the Fleet Landing area but
instead go behind the Sevilla Gardens parking lot. She stated she believes there are
other things that need to happen for that part of the route to be changed and she
requested that Item 8A not be voted on tonight. She stated even though it doesn't
affect the issue of protecting the wetlands, if they decide to go under the Sevilla
Gardens instead of through the wetlands, there is the issue of why the City would want
to take on any possible encumbrance of an easement from Fleet Landing if they don't
need it.
Thomas Grant, 1909 Selva Marina Drive, stated he is not against the development
being proposed north of Selva Marina Drive, but is more concerned about improving
the safety of Selva Marina Drive from Saturiba through 20~' Street. He stated adding
more traffic to the road will make enforcing the 15 mph speed limit harder.
Don White, 2069 Selva Marina Drive, distributed copies to the Commission of
documents related to the opening of Selva Marina Drive and urged them to review the
material. He stated he believes if the Commission does due diligence they will
reconsider opening the road.
Pam White, 2069 Selva Marina Drive, addressed the Commission regarding Item 8A
stating she has not seen any public notification in the newspaper or on the City's
website. She also referenced Ordinance No 65-88-1$, which closed and abandoned
that portion of Selva Marina Drive throughout its entire width in all respects for the
City of Atlantic Beach. The Ordinance stated, whereas this right-of--way should ever
become open a tremendous flow of traffic will come through a very dense residential
neighborhood. She stated this decision was made in 1989 and since then more houses
have been built with more cars per house. She further stated when this road was
abandoned it gave the other property owners the right to a portion of the abandoned
road. She requested, as a matter of record, that the City add to covenants, promises
and agreements, prior to any agreement being signed between the City and the Estates
of Atlantic Beach, that the construction entrance to this development be Mayport Rd.,
not down Selva Marina Drive. She requested the residents be given further
clarification of the savings discussed by running the pipes behind Oceanwalk and
through Selva Marina Drive rather than other routes. She further requested a more
recent traffic study be prepared by the City and also wanted a survey prepared so the
Commission can make sure they understand what they are deciding on.
R.A. Braid, 1958 Sevilla Blvd. W., stated he is the former partial owner and
operations officer of the Buccaneer service, as well as the Public Services Director for
Atlantic Beach. He proposed, rather than closing Buccaneer, the City could put in a
filter system beyond Buccaneer, which will service three cities and will satisfy the
mandate from the Federal government. He further stated that would save all the trees
and he believes Buccaneer is not in bad shape. He also cautioned that they not forget
that one of the lines drawn for a sewer line coming south goes through the area that is
now occupied by the City's own water main from the plant on Mayport Rd. to Selva
Marina Drive and will need to be considered when laying another sewer line. He
stated the two lines cannot be co-located.
August 10, 2009 REGULAR COMMISSION MEETING Page 3
Trevor Richter, 4S7 Snapping Turtle Court W., requested the Commission defer
their vote on Item 8A because he just learned of this and has concerns about what it is
going to do to their houses.
Mark Tomaski, 448 Snapping Turtle Court W., requested the Commission defer
Item 8A due to the lack of notice and stated he does not believe all options have been
explored.
Page Shepherd, 2252 Oceanwalk Drive W., stated she and her neighbors in
Oceanwalk do not have enough information on Item 8A and asked for more time and
more information before a decision is made.
George Bull, Jr., 1937 Sevilla Blvd. W., stated he sent the City Manager a letter
suggesting an option for the route of the sewer lines rather than going through the
wetlands behind Sevilla Gardens. He stated the Sevilla Condominium people agreed
to this option. He further explained, as history of what has happened and for those
people who are opposed to Michael Sones development, in the 1970s a PUD was
received from the City of Atlantic Beach to build Sevilla Condominiums. He stated
this PUD was for 9 buildings and a total of 297 living units. He stated due to the
financial conditions of the 1980s the PUD was modified to include the three existing
condominium buildings of 105 units, plus 43 single family lots, which gave a total of
148 homes. He stated these 148 homes added to the 99 homes at the Cove, the 38
homes at the Estates of Atlantic Beach (Michael Sones property), and the 16 homes at
the Preserve, total 301 homes, which is only 6 more than Sevilla was approved for
back in 1970. He stated the density is quite low for Michael Sones property to be
approved.
Sheldon Weiner, 15 Tenth Street, addressed the Commission regarding the leased
parking for the owners of the condominiums at 10~' Street, requesting they return the
parking spaces to the community.
Bob Curry, 65 Tenth Street, addressed the Commission regarding the leased parking
on 10~' Street, stating none of the other residents of the Island Club townhouses agree
with Mr. Weiner's proposal.
Douglas Speed, 1207 Seminole Road, asked if the Commission will be voting on
Item 8A tonight. Mayor Meserve stated it is on the agenda. Mr. Speed stated he is
against the opening of Selva Marina Drive but, if it is approved, he believes having the
agreement with the developer stipulate the 35-foot height limit and no exit through to
Mayport Road is good. He fiuther believes unless the property gets annexed to
Atlantic Beach, we should either not be servicing it with public services or we should
charge more for that area because we would not be getting the property taxes for it.
Garland Chick, 2246 Oceanwalk Drive W., addressed the Commission regarding
Item 8A, stating if none of the Commission has been on that piece of property behind
his house they should walk down that area where they want to put the pipeline and
look at the huge oak trees before deciding to cut them down.
August 10 2009 REGULAR COMMISSION MEETING Page 4
No one else from the audience spoke so Mayor Meserve closed the Courtesy of the
Floor to Visitors.
(Item 8A was taken out of sequence and acted on at this time.)
8. Miscellaneous Business
A. Approval of easements and related documents for force main installation in
connection with the abandonment of Buccaneer Wastewater Treatment Plant.
Motion: Aanrove the agreement with the Estates of Atlantic Beach LLC and the
easements with the Estates and Fleet Landing and authorize the mayor to execute
all documents on behalf of the City of Atlantic Beach
Moved by Fletcher, Seconded by Parsons
Mayor Meserve stated this is not a new issue. He explained the City hired a contractor
last year to figure out what the City can afford to do to meet TMDL requirements with
our sewer system by 2013. He stated the City cannot afford to get both plants to meet
requirements. The contractor suggested shutting down one plant and improving the
newer one. He stated the Buccaneer is much older than our City plant, unlike what
was stated tonight by a citizen. He stated our City plant is capable of the
improvements we need to do and has the capacity to handle the entire City, including
the growth we see in the next 20-30 years. He stated the two issues are where do we
run the line and how are we going to do it, where is it going to run to and how aze we
going to fix the plant to meet what we have to do. He asked the City Manager to
explain this item.
City Manager Hanson explained the issue is that we aze required, like all the
wastewater utilities in this part of Florida, to decrease the nitrogen going in the St.
Johns River. He further explained the options the City has to accomplish this. He
stated the lead engineer for this project, Gordon Grimes, recommended upgrading our
main wastewater plant and abandoning the Buccaneer wastewater plant as the best
means to meet the new standards. He stated to do this, a lot of wastewater needs to get
back down to the main wastewater plant and, according to the study done, the most
economical route is almost the straightest, going down the edge of Hannah Park, along
Selva Marina Drive and down the country club property to the wastewater plant. He
explained the route down Mayport Road is a little mare direct, but since Mayport Road
is heavily developed, the cost per foot to put in a sewer line there is much greater. He
stated this suggested route saves the City approximately $500,000 over the next lowest
price, not including operating costs. He presented a slide showing the location of the
two required easements, one through Fleet Landing and one from the Estates of
Atlantic Beach. He explained the easement from Fleet Landing was easy to get, but
the owner of the Estates of Atlantic Beach property stated he wanted to resolve the
right-of--way question, involving the closed and vacated right-of--way on the north end
of Selva Marina Drive. After speaking with attorneys for both sides, the opinion was
that the Estates of Atlantic Beach has a right to connect to the street for their
subdivision. Mr. Hanson stated the Estates is in Jacksonville and their zoning does not
have the 35-foot height restriction. The City negotiated with the property owner a
deed restriction that would prohibit any future connection to Mayport Road, limit
development to a maximum of 38 residential units, and limit the building height to 35
Au¢ust 10.2009 REGULAR COMMISSION MEETING Pace 5
feet. Regarding the trees, Mr. Hanson stated the intent is to get a tree survey paid for
by the City and both the owner and the City will try to avoid as many of the big trees
as possible. He stated Atlantic Beach would have to pay the tree mitigation cost to the
City of Jacksonville and we don't want to pay any more than we have to. He stated
Mr. Sones has expressed a desire to try to keep as many trees as possible. He stated
there is no cost for either of the easements; both owners have agreed to deed them to
the City. Regarding the question of the maintenance cost for the easement that was
brought up at the last meeting, he stated it should cost the City around $500/year to
maintain the easement until the property is developed.
Commissioner Parsons stated he would like to defer this item. He stated
Commissioner Borno will not be here for the meeting on the 24th. He stated he would
like to ask the owner about annexing this property into the City of Atlantic Beach. He
would also like at least aone-foot easement around the entire perimeter of the
property, a 25-50 foot buffer behind the Oceanwalk fence, a fence around the
development, and a street layout or plat.
Motion: Defer for a month until Commissioner Borno returns from vacation
Moved by Parsons, Seconded by Woods
Votes:
Aye: 4 -Borno, Meserve, Parsons, Woods
Nay: 1-Fletcher
MOTION CARRIED
Mayor Meserve reiterated to the audience, the owner of the property (1) has a right to
construction of a lot more than 38 homes, (2) has a right to build up to 65 feet, and (3)
has a right to connect adriveway/road through to Selva Marina Drive. He also
reminded everyone the property owner has agreed to several items in a deed restriction
which go with the property and asked them to consider this, because this is not a bad
deal for the City of Atlantic Beach.
Commissioner Borno stated he was not aware there was a filter that could be put on the
outflow line that would bring us into compliance with T'MDL. Secondly, he stated the
Ordinance that closed Selva Marina Drive was done to stop any access to Mayport
Road to the north of the City. He further stated we are held by the law and not
emotion and cautioned everyone to keep that in mind to avoid a lawsuit. Mayor
Meserve stated he does appreciate the comments from everyone, but this is not an
emotional issue when you are voting on something that will end up in a court of law at
sometime if you don't hold to the law.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
Mr. Hanson announced the Ferrell Gas lawsuit has been settled and we have received a
check for $19,403 and tanks will be removed by the City's contractor with full
payment coming from Ferrell Gas.
August 10, 2009 REGULAR COMMISSION MEETING Page 6
He further stated the Resolution adopted at the last meeting regarding naming San
Pablo Island had some changes from the original version. When it was adopted, he
stated the Commission didn't spell out precisely the wording they wanted so staff
wanted the Commission to see the final language as it was amended. He stated the
amended copy was attached to this agenda for their review and if the Commission is
happy with the wording they will go with this final version.
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 List of Business Tax Receipts issued in July 2009.
Mayor Meserve read the Consent Agenda.
Motion: Approve Consent Agenda Item A, as read.
Moved by Borno, seconded by Parsons
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Woods stated she noticed one of the companies that opened up was
called Foreclosure Cleanup USA and thought that was a terrible sign of the times.
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 09-11
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT RENEWAL
BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE
DATE.
Mayor Meserve stated this contract authorizes the Florida Department of
Transportation to pay the City of Atlantic Beach to maintain lands that are part of
FDOT.
Motion: Approve Resolution No. 09-11.
Moved by Borno, seconded by Parsons
Au¢ust 10, 2009 REGULAR COMMISSION MEETING Page 7
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
None.
Miscellaneous 8. Miscellaneous Business
Business
A. Approval of easements and related documents for force main installation in
connection with the abandonment of Buccaneer Wastewater Treatment Plant.
This item was taken out of sequence and acted on earlier in the meeting.
B. Second Interlocal Agreement with the City of Jacksonville for Construction of a
Handicap Accessible Beach Walkover at Third Street.
Public Works Director Rick Carper showed slides of the erosion at the walkover and of
the walkover after it was repaired. He explained several years ago the City had a grant
from Jacksonville to construct a handicapped accessible beach access at 3`d Street
which was completed for a cost that was less than the total dollar amount of the grant.
After several storms it was realized the access did not work the way they wanted it to.
He stated, although the grant had expired, the money was still obligated to the
walkover, so they got a second Interlocal Agreement authorizing the City of
Jacksonville to reimburse Atlantic Beach for the beach access that was rebuilt out of
Parks' funds. Approving this Interlocal Agreement will allow the City to get
reimbursed.
Motion: Authorize Mayor to sisn the second Interlocal Agreement with the City
of Jacksonville to urovide reimbursement ,funding for the construction of the
extension of the handicaa accessible beach walkover at 3` Street.
Moved by Borno, Seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Police Department Semi Annual Report 2009.
Chief Mike Classey summarized the highlights of his staff report, including a 33%
decrease in violent crime in the Mayport area; four town hall meetings have been held
in the Royal Palms area; and emergency response time is averaging 2 minutes 32
seconds. He then answered questions from the Commission.
Ausust 10, 2009 REGULAR COMMISSION MEETING Pace 8
Item 3A. City Manager's Report was re-discussed at this point.
Mayor Meserve stated the revised copy of the Resolution incorporated Commissioner
Woods' amendment to include Vilano $each on the island. It was the consensus of the
Commission to accept Resolution No. 09-10, as revised by staff. Mayor Meserve
stated after the Resolution is fmalized, staff will send a copy to the other beach cities.
D. Possible Amendment to the Tenth Street Parking Lease.
Mayor Meserve stated his recommendation is to send a letter to Mr. Weiner asking if
he wants out of the agreement. If Mr. Weiner wants to opt out, the City will then need
to amend the contract to include only nine leased parking spaces. It was the consensus
of the Commission to follow this recommendation.
E. Budget Amendment relating to Justice Assistance Grant.
Assistant City Manager David Thompson explained the grant which will be utilized to
fund the COPS officer salaries. He requested the Commission approve this in order to
put it in the budget so it can be spent.
Motion: Authorize City staff to preQare an ordinance to make the aaaroariate
adjustments to the 2008-2009 budget relative to the funding of the Justice
Assistance Grant
Moved by Borno, Seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
F. Settlement Agreement and Back Pay Award.
City Manager Hanson explained the agreement has been signed by the employee which
has very minor changes from the draft given to the Commission previously.
Motion: Aaarove the settlement agreement and authorize the Citv Manager to
sigg agreement and anv related documents.
Moved by Borno, Seconded by Parsons
Votes:
Aye: 4 - Borno, Fletcher, Meserve, Parsons
Nay: 1-Woods
MOTION CARRIED
G. Merger of the previously approved Selva Preserve and Selva Marina Country
Club projects.
Mr. Hanson explained the City approved two PUDs. T'he Selva Preserve PUD had 16
units and an entrance from Eleventh Street. He stated the two areas now want to
August 10, 2009 REGULAR COMMISSION MEETING Page 9
combine them into one unit, with the new street for the Selva Preserve area coming
from the Country Club project and not from Eleventh Street which will reduce the
length of the road to be built and the impact on the wetlands. He stated it will also
reduce the total number of lots in the two PUDs. Staff recommends this and since both
PUDs were approved by an Ordinance, if the Commission agrees to amend them it will
need to be done by Ordinance. Commissioner Fletcher stated he believed Selva
Preserve was just rezoned, and did not have a PUD approved. He stated he is in favor
of this, but did want to make that clear. City Attorney Jensen stated then to merge the
two would only require amending the original PUD to add the other one.
Commissioner Woods stated the combined PUD will have fewer units because they
have already reduced the number of units. It was the consensus of the Commission to
have staff go forward with this. Commissioner Borno asked if this would be a public
hearing when it comes back. Mr. Hanson stated all Ordinances have a public hearing
with two readings.
City Manager 9. City Manager
A. City Manager's Report
None.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Borno
• Complimented staff and City Manager for their efforts putting together all these
extra meetings.
• Mentioned that Dorothy Kerber is not here tonight and stated she is on two
canes and not getting around well at all. Mayor Meserve stated she is getting
better.
Mayor Meserve
• Announced he has withdrawn his candidacy for Mayor and submitted his
resignation from the Commission, because he has elected to run for the District
13 City Council race. He stated there will be a primary on September 15 and a
run-off, if needed, on October 6 for both that seat and Jim King's Senate seat.
• Further explained his reasons for voting for the deferral tonight.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:43
p.m.
John S. Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk