Draft Min 8-24-09MINUTES
REGULAR CITY COMMISSION MEETING
August 24, 2009
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John S. Meserve City Attorney Alan C. Jensen
Commissioner John L. Fletcher City Manager Jim Hanson
Commissioner Paul Parsons City Clerk Donna L. Bartle
Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey
ABSENT:
Mayor Pro Tem Mike Borno (excused)
Call to Order/Pledge Mayor Meserve called the meeting to order at 6:03 p.m. Commissioner Parsons gave
the Invocation, followed by the Pledge of Allegiance to the Flag. Commissioner
Parsons thanked everyone who helped with the ticket sales for the scooter raffle, and
announced the winner was Rudy Lemming, an instructor at Bailey's Gym. He further
stated a check from the raffle will be presented to the City at a later time.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of August 10,
2009 and Special Called (Shade) Meeting of August 12, 2009.
Motion: Auarove the minutes of the Regular Commission Meeting of August 10,
2009 and Special Called (Shade) Meeting of August 12, 2009, as read.
Moved by Parsons, Seconded by Fletcher
Votes:
Aye: 4 -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.
Jonathan Daugherty, 830 Hibiscus St., representing the committee for the dog park,
reported on their progress so far. He announced they have been given a $15,000
matching grant from Art Graham. He stated the committee has currently raised $5,000
from private donations and have more fundraisers planned for the future. He asked the
Commission if there is any bed tax money available that could be used for the dog
park.
Maria Mark, 114$ Linkside Drive, reported on the Marsh Fest event, which is
scheduled for November 14, and requested the City co-sponsor the event again this
year.
August 24.2009 REGULAR COMMISSION MEETING Paee 2
Mardie LeBouton, 774 Aquatic Drive, requested again that the fence be put back up
at the Aquatic Gazdens pond. Mayor Meserve stated Mr. Carper would get with her
about a proposed solution.
Dolly McCormick, 792 Aquatic Drive, also requested the fence be put back up at the
pond at Aquatic Gazdens, stating there is a lot of trash being left and people trespassing
on her property. Commissioner Parsons reiterated the Commission did address her
concerns with staff and informed her Mr. Carper would be meeting with them with a
solution.
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 stated the State has again lowered their revenue estimates for the
upcoming year, decreasing revenues from the Half Cent Sales Tax, Gas Tax, Municipal
Revenue Sharing and Sales Tax Funds a total of approximately $40,764.
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 Reports, Utility Sales Report and
Building Department Report for July 2009
B. Extend the contract for Chlorine for one additional year to Jones Chemical, Inc.
(Bid No. 0708-12) at the current contract prices
Mayor Meserve read the Consent Agenda and pulled Item B due to contract changes.
Commissioner Parsons pulled Item A. Commissioner Parsons questioned the negative
cash balances of the Community Development Block Grant on page 1 of the Financial
Report. Mr. Hanson explained this figure only meant we had spent some money and
had not yet sent a reimbursement request to the City of Jacksonville.
Motion: Aanrove Consent Agenda Item A. as read.
Moved by Parsons, seconded by Fletcher
Votes:
Aye: 4 -Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
August 24, 2009 REGULAR COMMISSION MEETING Page 3
Ms. Kaluzniak explained Jacksonville Beach just received bids for chlorine and Jones
Chemical was the low bidder with a price of $504/ton. She requested that we be
allowed to piggyback on the Jacksonville Beach contract at the lower price rather than
extend the current contract with Jones Chemical for the higher price. She stated
Jacksonville Beach and Jones Chemical were agreeable with this. She stated she
recommended we piggyback on the Jacksonville Beach contract rather than extending
the existing contract with Jones Chemical.
Motion: Anarove Contract with Jones Chemical at the lower rate of $504/ton
Moved by Woods, seconded by Fletcher
Commissioner Fletcher asked how many tons we use a year. Ms. Kaluzniak stated we
use approximately 20-25 tons/yeaz.
Votes:
Aye: 4 -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
A. Ordinance Number 90-09-208, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT
REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90-01-172,
INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS
ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 7,
SUPPLEMENTARY REGULATIONS, SECTION 24-151, ACCESSORY
STRUCTURES (EXHIBIT A) AND SECTION 24-157, ALLOWABLE HEIGHT OF
FENCES AND WALLS (EXHIBIT B) AND ALSO ADDING NEW SECTION 24-
173, NEIGHBORHOOD PRESERVATION, RESIDENTIAL PROPERTY
MAINTENANCE AND UPKEEP STANDARDS (EXHIBIT C) AND PROVIDING
FOR RECORDATION AND AN EFFECTIVE DATE.
Mayor Meserve read Ordinance Number 90-09-208 by title only.
Motion: A~urove Ordinance No. 09-09-208. as read.
Moved by Parsons, seconded by Woods
Community Development Director Sonya Doerr summarized her staff report, stating
the Ordinance amends three sections in Chapter 24 (Land Development Regulations) of
AuQUSt 24.2009 REGULAR COMMISSION MEETING Pace 4
the City Code incorporating the Commission's recommended revisions discussed at the
July 13 Commission meeting.
Commissioner Woods requested "guest houses/guest quarters" be added to Exhibit A,
Sec. 24-1 S 1(b)(1)iv and v, stating a guest house should be allowed to be the same
distance as another structure. Ms. Doerr stated (iii.) above addresses guest houses and
they could add "to no closer than five feet at the setback" to that provision.
Commissioner Woods stated in the provisions she discussed it is related to the size of
the structure, and she wanted to make sure people don't put in a 3,200 s.f. guest house,
for example, right on the property line. She suggested deleting the 10 feet from (iii.)
and add "guest house or guest quarters" to (iv.) and (v.) She stated if the guest house is
the size of the other structures that are allowed to be five feet from the property line, a
guest house not exceeding 600 s.f. should also be allowed to be the five feet, but if it is
larger it should be farther away. Mayor Meserve clarified, if you aze allowed to have a
600 s.f. garage five feet from the property line and it is converted to a guest house it is
the same structure, same height limitations and same impact on the neighbors. Mr.
Hanson further clarified, they would be leaving in item (iii.) the ten feet setback
because that refers to any guest house and under sections (iv.) and (v.) they aze
referring to guest houses not exceeding 600 s.f. He stated if they scratch the ten feet
from (iii.) then there would be no provision for a setback for a guest house above 600
s.f. Ms. Doerr stated (iii.) is not a setback from the property line; it is from the
principal building, the main house. Mr. Hanson clarified the change will be adding the
words guest house on items (iv.) and (v.) so it reads "detached private garages, guest
houses, and carports not to exceed 600 s.f." Commissioner Woods confirmed that was
her intent. Mayor Meserve stated they have not done anything new concerning add-
ons to homes, as faz as new rules. He further stated they have eliminated some of the
items referring to type of fences allowed, etc., but the object is to put minimal rules that
protect your property. He stated this gives us the tools for Code Enforcement and he
did not believe this is out of line with similaz city ordinances that force us to maintain
our lots and keep things in good shape.
Although the Motion was not amended, it was the consensus of the Commission to add
these changes for second reading.
votes:
Aye: 3 - Meserve, Parsons, Woods
Nay: 1-Fletcher
MOTION CARRIED
B. Ordinance No. 90-09-209, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
PREVIOUSLY ADOPTED ORDINANCE NUMBER 90-07-202 TO INCORPORATE
ADDITIONAL LANDS INTO THE SELVA RESIDENTIAL PLANNED UNIT
DEVELOPMENT WITH NO INCREASE IN THE TOTAL NUMBER OF
RESIDENTIAL LOTS; PROVIDING FOR SPECIAL CONDITIONS; REPEALING
ORDINANCE 90-08-205, PROVIDING FINDINGS OF FACT; PROVIDING A
SAVINGS CLAUSE; REQUIRING RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
Au¢ust 24, 2009 REGiJLAR COMMISSION MEETING Page 5
Mayor Meserve read Ordinance No. 90-09-209 by title only.
Motion: Aonrove Ordinance No. 09-09-209. as read.
Moved by Fletcher, seconded by Woods
Sonya Doerr showed a slide of the property and summarized the highlights of the
proposed Ordinance. She explained the benefits of combining these two developments,
which included the reduction of the number of lots, the development will shift north
leaving more conservation azea and less wetland impacts, elimination of the access off
11th Street, and less street construction required. She stated staff recommended
approval on first reading, stating the representatives from both projects were in the
audience to answer any questions. Mayor Meserve stated he believes this is a win/win
and allows that one PUD to do mitigation on water flow as one project rather than two
that may not fit together. He stated there is an Interlocal Agreement on the Selva piece
and has asked Ms. Doerr to check into changing the agreement to allow Atlantic Beach
to get control of all of it for a permitting standpoint. He explained this was done with
Fleet Landing which allowed the permitting to come under Atlantic Beach's rules. He
stated the developer has asked for this to happen.
Commissioner Parsons asked if annexation had been discussed. He stated, as with the
Sones' property, if the owner is pushing for it, it makes it a lot easier to get. 'The
property owner stated he is in favor of annexation. Commissioner Fletcher asked how
long it takes to annex. Mayor Meserve stated it is approximately atwo-year process.
Commissioner Fletcher stated his only concern was to make sure they did not attempt
to tie annexation in as a condition to approving this, since it is a two-yeaz minimum
process. Mayor Meserve stated they would not do that.
Votes:
Aye: 4 -Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Request for City to Co-sponsor Marsh Fest November 14, 2009.
City Manager Hanson stated this will be the third Marsh Fest held at Dutton Island and
explained the specifics involved in co-sponsoring this festival. He stated the organizers
aze not requesting money, just support from the City such as transportation to and from
the event, etc.
Motion: Auarove co-sponsoring Marsh Fest for November 14.2009.
Moved by Woods, seconded by Pazsons
Commissioner Woods asked if there were out of pocket expenses for the City. Mr.
Hanson stated it is just personnel. Mayor Meserve stated he would arrange for the
Fleet Landing buses to transport people to the event.
August 24.2009 REGULAR COMMISSION MEETING Pace 6
Votes:
Aye: 4 -Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Update of Proposed Dog Park at Tideviews Preserve.
Public Works Director Rick Carper showed a slide of the azea. He stated the main
issue is that the property does not belong to FDOT, it is still owned by JTA. He stated
it would have to be transferred to FDOT and then they would quit claim transfer it to
Atlantic Beach. He further explained the other issues related to the pond and concerns
expressed by FDOT. Mr. Carper stated we are at least six months away from any
action because it would take that long to get the titles transferred. Regazding the
Reverter Clause, Commissioner Fletcher asked if something happened and it reverted
to the FDOT would they get the long term liability also. Mr. Carper stated he would
make sure that was in there. Commissioner Fletcher asked if there is any potential Bed
Tax money that could be used for this. Mr. Hanson stated in the budget, they have
allocated all of the balance of the Bed Tax Fund money to matching funds for any
grants we can get for public access on the River Branch Preserve. He stated if they
wanted to take money for that purpose it could be moved over, but right now all of it is
allocated as a local match to the River Branch project. Discussion ensued and Mr.
Carper answered several questions from the Commission. Mr. Hanson stated when the
group requesting the Dog Park comes before the Commission they will not only need
to report on where they will get the capital funds from but will also need to convince
the Commission that they will be able to maintain the dog park in the future. He stated
the dog feces will need to be picked up daily and that will be their responsibility, not
the City's. Commissioner Fletcher stated he believes the Commission should let the
dog park people know whether or not they support this the way they see it now and
then it will be incumbent upon them to come back to the Commission with their plan.
Mayor Meserve stated it is not appropriate tonight to make a motion since it is not on
the agenda as an action item and believes the Commission needs more facts before
voting. Commissioner Woods stated the request for the $15,000 from Art Graham is in
the procurement process so they can get those funds to us before he leaves office.
C. Commission Request to Investigate Scooter Pazking at Beach Accesses
Mr. Hanson explained this item was initiated from a request by a Commissioner. He
stated Chief Classey worked with the Public Works Department to determine what
could be done without costing us any beach parking. Chief Classey stated he and
Deputy Public Works Director, Tim Gilboy, identified the accesses at 7~', 10~', 18'x,
and 19th as those that could handle additional pazking for one scooter at each access.
He stated it would cost about $300 plus manpower to put signage and striping in at
these pazking spots. Commissioner Pazsons asked the Chief to explain where at each
access they had identified the scooter pazking, which he did. Commissioner Pazsons
asked if they could get more than one scooter in each of those spots. Chief Classey
stated they would go back and look at them, but they didn't want to eliminate any
vehicle pazking spots. It was the consensus of the Commission to have signs put up
designating these areas as scooter pazking.
Au¢ust 24.2009 REGULAR COMMISSION MEETING Page 7
D. Contract awazd for Disaster Debris Removal Services (Bid No. 0809-09)
Mr. Carper explained there were 23 bidders for this project and the bid determination
was based on four grading factors: Project Management Team/Operational Plan (15
points); Documentation -being able to maximize our reimbursement from FEMA,
Safety & Environmental and available equipment (10 points); proximity to Atlantic
Beach (15 points); past performance and references (10 points); and bid price (70
points). He stated after rating the bidders, T.F.R. was the best bid and he feels very
comfortable recommending the Commission awazd the contract to T.F.R. Enterprises.
Motion: Award contract for Disaster Debris Removal Services to T.F.R.
Enterarises.
Moved by Parsons, seconded by Fletcher
Commissioner Fletcher asked why everybody in the top three was deducted three
points under the proximity category even though one was 3 hours away and one was 6
'/Z hours away. Mr. Carper stated he based it on an 8 hour distance; if they were in
Duval County, they received 15 points, 0 - 8 hours away received 12 points. Mayor
Meserve asked if they would have conflicts with other contracts in the same area in
case the storm has fairly widespread damage. Mr. Carper stated their next neazest
contract is Dunedin.
Votes:
Aye: 4 -Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
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 Woods
• Stated there was discussion about the property on the north end of Selva Marina
Drive and whether we had given notice. Asked for consensus to direct staff to
give an official notification to people within 300 feet of the property and also a
public notice. After discussion, it was the consensus of the Commission to not
do this since it is not required by law and would set a precedent.
Commissioner Parsons
Announced that former Mayor George Olsen recently passed away and asked
that a proclamation be prepazed declaring a George Olsen Day for presentation
to his widow, Dottie, at our next meeting. It was the consensus of the
Commission to have staff prepare this proclamation.
A~ust 24.2009 REGULAR COMMISSION MEETING page g
• Stated there have been many people complimenting the "In Search of Atlantis"
statue, but has also had some ask about moving or eliminating the lighting
behind it.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:13
p.m.
ATTEST:
John S. Meserve, Mayor/Presiding Officer
Donna L. Bartle, CMC
City Clerk