Draft Minutes 9-14-09MINUTES
REGULAR CITY COMMISSION MEETING
September 14, 2009
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John S. Meserve
Mayor Pro Tem Mike Borno
Commissioner John L. Fletcher
Commissioner Paul Pazsons
Commissioner Cazolyn 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. Mayor Pro Tem Borno gave
the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Meserve
stated he would move Items 2A, 8A and 7D up in the agenda.
Qtem 2A was taken out of sequence and acted on at this time.)
2. Courtesy of the Floor to Visitors.
A. Proclamation declaring George R. Olsen Day
Mayor Meserve read and presented a proclamation to Mrs. Dottie Olsen, in recognition
of the distinguished achievements of her husband, George R. Olsen, declaring May 13
George R. Olsen Day. Mrs. Olsen stated she was overwhelmed and George would
have been so proud because he loved the City of Atlantic Beach so much.
Commissioner Parsons stated May 13 was chosen because that was the day they were
married.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of August 24,
20(19.
Motion: Aparove the minutes of the Regular Commission Meeting of August 24.
2009, as read.
Moved by Parsons, 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.
A. Proclamation declaring George R. Olsen Day
This item was taken out of sequence and acted on earlier in the meeting.
Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the
audience and explained the process for public comments.
Seatember 14 2009 REGULAR COMMISSION MEETING Paee 2
Don Sasser, 2237 Oceanwalk Drive West, spoke in favor of the proposal in Item 8A,
stating he would rather have 38 homes than high rises and believes it is the right move
for the City.
Mark Adamec, 136 Ocean Forest Drive N., spoke in favor of the proposal in Item
$A, stating he, too, is not interested in a high rise with additional traffic and all the
other potential for problems it could create. He further stated he has known Michael
Sones for 20 years and he is an honest man of integrity.
Mike Poland, 2338 Beachcomber Trail, spoke in favor of the development in Item
8A, stating he would rather see a development with 36 homes. He further reminded
everyone that in order to build Oceanwalk they also had to tear down trees.
Emmett Grandy, 2344 Fiddlers Lane, spoke in favor of Item 8A stating he would
prefer to have 38 homes in the style of Oceanwalk much rather than a high rise or
apartment complex. He further stated, regarding Michael Sones' character, if Mr.
Sones tells him something he can trust that it is going to happen.
Katherine Davidson, 1913 Sevilla Blvd. West, stated she believes there are two
issues in Item 8A that should be unrelated, (1) a force main situation where some waste
pipes have to be rerouted and (2) a developer who wants to open up into Selva Marina
Drive into Atlantic Beach. She stated they should not tell the residents of Atlantic
Beach that if they don't allow this developer to open Selva Marina Drive to run the
waste pipe through his property then there will be high rises, etc. She expressed
concern about the wetlands and the stormwater engineering. She believes these two
issues should be separated and they should not be strong-armed to make a decision by
putting issues together that don't need to be.
Mark Tomaski, 448 Snapping Turtle Court West, addressed the Commission
regarding the contract between the City of Atlantic Beach and the developer stating he
believes it is an incredibly wide open contract with no caps on the expenditure. He
believes this puts the taxpayer at risk, legally and financially. He stated what we get
from the contract is a relief from fear that we will have a high rise behind our
community. He stated he believes this contract was pursued not in the manner it
should have been, in the sunshine of a public hearing. He stated it is too important an
issue to have been completed out of the sunshine and asked the Commission to vote no
on this contract with the developer at this time and asked them to allow Mr. Hanson to
do his duty to run a main under the pavement within the limits of Atlantic Beach.
E.K. Contre11,1656 Park Terrace East, asked the Commission to continue to support
the funding for the programs at Atlantic Beach Elementary.
Timothy Franklin, 418 Seagate Avenue, gave copies of an illustrative site plan
regarding the Estates of Atlantic Beach to be distributed to the Commission. He spoke
against the sewer easement and agreement, suggesting several items he believed would
improve the agreement. He stated the option to go down Oceanwalk Drive would save
the City money in terms of tree mitigation. He stated another option, which hasn't
been discussed, would be to put the City in charge of the permitting. He stated the
September 14, 2009 REGULAR COMMISSION MEETING Pa e 3
agreement does not speak at all to premises liability and what happens if someone gets
hurt in the easement area; who pays for repairs if the City needs to fix the sewer pipe;
and there is no lot size requirement. He stated he has met with Mr. Sones and believes,
in general, he will do what he says but his opinion is not important, it is what the
agreement requires him to do. He believes the agreement should include everything
the City wants to happen if they are going to approve it.
M.A. Belto, 1973 Sevilla Blvd. W., addressed the Fleet Landing easement and asked
the Commission to take a serious look at the wetlands issue before making a final
decision on the agreement.
Bruce Fulton, 2320 Oceanwalk Drive, urged the Commission not to increase the
taxes for Atlantic Beach.
Sam Kimball, 2222 Oceanwalk Drive West, spoke in opposition to the agreement
with the Estates of Atlantic Beach asking the Commission to vote against it. He stated
he appreciated the recent information posted on the City's website concerning the
alternative routes for the sewer line. He stated he strongly supports the Oceanwalk
Drive West option. He further stated the business of government must be conducted in
the open with absolute transparency and asked the Commission to take note of the
dissatisfaction surrounding the proposed agreement with the Estates of Atlantic Beach
and the sewer line.
Juliann Gaus-Graeser, 166 Pine Street, requested the Commission continue their
support of the after school enrichment program at Atlantic Beach Elementary.
Sally Clemens, 1638 Park Terrace West, invited everyone to the forum on
September 24 at 7:00 pm at Atlantic Beach Elementary to learn the platform and
positions of the candidates here in Atlantic Beach.
Pam White, 2069 Selva Marina Drive, addressed the Commission regarding Item 8A,
the opening of Selva Marina Drive, asking where the road would cut through at the cul-
de-sac and what size the road would be. She stated she is concerned decisions are
being made without clear understanding of the facts and what the Commission is
actually voting on. She further stated, regarding Ordinance 65-88-18, only 60 feet are
specified from the City limits south, but there are around 110 feet from the City limits
south to the end of the cul-de-sac which is the paved part of Selva Marina Drive. She
stated there is approximately 51 feet of unpaved land and asked if that land was platted
or meant to be included in the abandoned and closed part. She stated this Ordinance
should be amended to specify the entire 110 feet and properly close the road. She
asked that this go on record that she is asking the Commission to look into this.
Arthur Corsano, 2314 Oceanwalk Drive West, addressed the Commission regarding
Item 8A. He stated the Oceanwalk Board supports a sewer line down Oceanwalk
Drive which will not necessitate any tree removal. He further stated the separate issue
of a development should stand on its own. He stated when the developer is ready to
start, his request for an Atlantic Beach access can be addressed at that time. He stated
right now there are huge drainage and flood plain issues that may make development
September 14 2009 REGULAR COMMISSION MEETING Pase 4
impossible and he doesn't understand why the City would jeopardize a tree canopy at
this time and pay for the mitigation.
Mike Schmidt, 446 Inland Way, addressed the Commission regarding Item 8A and
stated he was in opposition to the proposal and urged the Commission to separate the
two issues.
Jacquelyn Beckenbach, 2210 Oceanwalk Dr. W., stated she has sent a few emails
over the past couple of weeks and her complaint is she has not received a call or
response, with the exception of one Commissioner. She further addressed Item 8A
stating these were two separate issues and believes it would be easier to keep them as
separate issues. She further stated Mr. Sones sent an email out last night saying he felt
his offering to the City was a gift and she believes a gift should not ever come with
strings attached.
Mark Beckenbach, X210 Oceanwalk Dr. W., gave a power point presentation
regarding Item 8A, explaining why he believes there are two separate issues: (1) the
waste water pipe route and (2) the development of the City of Jacksonville property.
He stated he believes Option #5 is the least expensive/simplest alternative and the
Oceanwalk Homeowners Association voted to adopt this option.
Lee Leibecki, 402 Snapping Turtle Ct. E., spoke as the Vice President of the
Oceanwalk Homeowners Association, stating the residents have asked the Board of
Directors to officially support the solution of running the pipeline through Oceanwalk
under the streets. He stated after taking a vote of the Board Members, all were in
favor. He read from the minutes of their Board of Directors meeting stating, "The
Board of Directors of Oceanwalk Association supports running the proposed
wastewater pipe on the existing City of Atlantic Beach right-of--way through the streets
of Oceanwalk, utilizing Inland Way and Oceanwalk Drive West in order to preserve
the vast tree canopy and to greatly reduce the tree mitigation costs of the alternative
routes."
Theo Mitchelson, 340 Oceanwalk Drive North, addressed the tree mitigation costs
related to the pipe rerouting, stating he believes the Oceanwalk Drive West route is by
far the best project at the best cost.
Ben de Luna, 2361 Oceanwalk Drive West, addressed the Commission regarding
Item 8A. He asked the Commission to act on Option 5 bringing the pipe down
Oceanwalk Drive as opposed to going through the Estates property. He further stated
he believes the contract with the Estates of Atlantic Beach is extremely open and there
is nothing regarding timing of when the restrictions would be put on.
Ray Coleman, 438 Inland Way, stated he was not in favor of the contract and it was
not the job of the Commission to improve City of Jacksonville property or to build a
pipe that is going to benefit a builder. He stated it was their job to build a pipe in
Atlantic Beach at the best cost for the benefit of all the citizens.
Rick Hightower, 315 Mealy Drive, stated he supports Mr. Sones' proposal. He stated
he has worked with him for 22 years and he does what he says. He stated he would not
Seutember 14 2009 REGULAR COMMISSION MEETING Page 5
want to see the potential for multi-family housing to be put up behind Oceanwalk nor a
cut-through from Mayport Road to Selva Marina Drive.
Jeff Montanye, 334 11th Street, regarding Item 8A, he stated someone needs to
explain why this contract is so advantageous to Atlantic Beach that it needs to be
approved today. He believes these are two separate issues. He believes the route that
goes through the wetlands has so many unknowns and potential liability that could
wildly inflate the cost making it far more fiduciarily proper to go with the known
expenses of the Oceanwalk Drive route.
Jim Lucas, 2355 Ocean Forest Drive W., addressed the Commission regarding Item
8A stating he was in favor of Option #S because all easements exist on the plat of
Oceanwalk, there aze no trees to take down, when considering tree mitigation the
Oceanwalk option is cheaper, and seventeen home owners would still enjoy the
existing buffer. He further stated under Item 8B, Map 2, there is a special wetland
which we are trying to protect which is very close to the project in Item 8A. He stated
by putting the force main in Oceanwalk it will be farther east of that protected wetland,
which is another benefit of choosing Option #S.
Heather Nickodem, 127 Ocean Forest Drive N., supports what Mr. Sones wants to
do and putting the sewer line through Oceanwalk.
Chris Williams, 405 Snapping Turtle Court, stated the Chamber needs speakers
outside for when there aze overflow crowds. He addressed the Commission regarding
Item 8A, stating the developer has a right to develop his property but it is City of
Jacksonville property. He stated Atlantic Beach has the right to put in sewer lines
anywhere they have easements but believes the two items should not be joined
together. He further stated he would not raze if a road went through from Mayport
Road to Oceanwalk.
Chris Lambertson,191 12th Street, addressed Item 8A, stating he believes there are a
lot of positives and strongly supports the restrictions of no access to Mayport Road,
height restriction of 3S feet, only 38 units, and the potential to annex the property.
Paul Harden, 501 Riverside Avenue, stated he and Mr. Jensen negotiated the contract
with Michael Sones and explained the background and aspects of the contract. He
further clarified the concerns expressed by other speakers.
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 reported on the status of the issue of City of Atlantic Beach taking over the
permitting for the Selva Marina Country Club Redevelopment project, explaining the
City of Jacksonville stated they have no objections. He stated they will prepare a letter
of agreement with the City of Jacksonville, which does not need Commission approval.
Seatember 14.2009 REGULAR COMMISSION MEETING Pace 6
Qtem 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.
Mayor Meserve stated he was concerned about revealing ex parte communications, but
since this was not a legal issue, that would not be necessary. Mayor Meserve explained
that, on the advice of the City Attorney, since he is the Executive Director of Fleet
Landing and on the Board of Directors he must recuse himself and cannot vote on this
issue since the outcome could affect the property values in Fleet Landing (Form 8B,
Memorandum of Voting Conflict for County, Municipal, and other Local Public
Officers is attached and made a part of these minutes as Attachment A). He further
stated this will be his last Commission meeting as Mayor due to his required
resignation in order to run for the Jacksonville City Council seat. He also explained
the remaining four Commissioners must appoint a successor since there are more than
15 days between his resignation and the end of his term.
Mr. Hanson explained this change is due to the TMDL regulations and further
explained the background of the proposed project. Mr. Hanson then explained the
agreements with Fleet Landing and the Estates of Atlantic Beach, which he stated are
also posted on the City's website. He further stated the reason a decision needs to be
made now is because construction costs are very, very low due to the economy and the
longer it is delayed the longer it will take to get the project out for bid. He stated it has
tremendous economic value for the City to make this decision tonight so we can get
this bid as quickly as possible. Mr. Hanson then turned the meeting over to Gordon
Grimes, the lead engineer and Project Manager with HDR Engineering.
Gordon Grimes, 200 West Forsyth St., HDR Engineering, elaborated on Mr.
Hanson's input with respect to engineering costs of the pipeline for the project. He
presented a slide show of the Buccaneer Phase Out and Force Main Design and
explained each of the possible routes as well as the rankings of each route. He stated
the number one ranked and most cost effective route to go through was the route going
through the Sones property with the Fleet Landing Wetlands option.
Motion: Annrove Fleet LandinS Route with directional drill method under the
wetlands
Moved by Fletcher, seconded by Borno
Mr. Hanson explained the extra construction cost of going through the Fleet Landing
Streets as opposed to boring under the wetlands is $100,000+. He stated there is also
an estimate staff has made about the cost of maintaining the lift station, based on the
average cost of similar sized lift stations, of approximately $25,000/year. He stated the
present value added to the extra $100,000 equals where the Mayor comes up with close
to $500,000 present value extra cost for taking that route through the streets.
Seutember 14 2009 REGULAR COMMISSION MEETING Pace 7
Commissioner Borno addressed the comment regazding running the pipe line through
the wetlands, stating the City works very hard to maintain the infrastructure and stated
they have a handle on the condition of the pipes, which establishes the 10-year plan for
infrastructure maintenance. He stated with that information always available, if there
was a potential problem developing, the pipes would be sleeved which would add 30-
50 years to the life of the pipe again.
Commissioner Fletcher stated our engineer has advised us that one of the remedies for
a rupture in the wetlands is to shut that pipe down and drill another one next to it. This
remedy would not require us to get backhoes in there and disturb those wetlands.
Commissioner Woods asked how they detect a rupture. Mr. Grimes stated due to the
pressure the pipe would be under the City would know almost immediately if it
ruptures. He further stated this is a 14" diameter pipe, approximately 800 feet long
through the wetlands.
Commissioner Borno asked that Mr. Grimes explain the O&M cost. Mr. Grimes stated
that cost includes operation maintenance expense, labor, hourly rates, electric expense
for pumping, and potential repairs on the force main for the entire project.
Commissioner Woods asked if it would be necessary to bring equipment into the
wetlands for the drilling. Mr. Grimes stated the specifications require that they stay out
of the wetlands. He stated he believes the contractor will set up at the roadway at Selva
Marina and directional drill to the point where he has to make the bend at the property
corner and then go behind the buildings at Fleet Landing to re-drill the rest of the route.
Mayor Meserve clarified the motion is to go around Fleet Landing, not in wetlands, but
in the back part of Fleet Landing property to connect up a pipe that is already in place
and then continue down the golf course and to the plant. Commissioner Fletcher stated
that was not the motion, the motion was to directionally bore. Mayor Meserve agreed,
but stated it would connect to the system already in place. Commissioner Borno
clarified the granting of easement document in the agenda packet is what the motion is
and what they are voting on. Mayor Meserve stated they are voting on that piece of it.
Commissioner Fletcher further stated there is an attachment to that easement that
describes what land it is that they aze going in and the description will be, under the
wetlands or whatever that legal description is.
Votes:
Aye: 4 -Borno, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Motion: Aanrove contract with Estates of Atlantic Beach
Moved by Fletcher, seconded by Parsons
Commissioner Woods asked whether Commissioner Borno should also recuse himself
because he is on the Board of Oceanwalk. City Attorney Alan Jensen stated the statute
states if there is a conflict of interest or it appears there might be a conflict of interest
they must abstain from the vote. He stated, with Commissioner Borno, it is his
September 14 2009 REGULAR COMMISSION MEETING Pace 8
understanding that when the Homeowners Association of Oceanwalk acted on this
issue, he did not participate. Commissioner Borno stated that was correct and
explained that he briefed the Board and left them with information, left the building
and allowed the residents and the Boazd to work out whatever they came out with
tonight. He stated yesterday, out of courtesy, the Vice President hand delivered a copy
of the letter to him.
Commissioner Woods stated she believes these are two sepazate issues. She stated
there aze plenty of good reasons to go through the Oceanwalk Route, it is economically
feasible and preserves the wetlands and nature of the community in Oceanwalk until
the Estates is ready to be developed. She stated she believes when the Estates is ready
to develop they will have the same desires they have today, they will still want to
access Selva Marina Drive and close off access to Mayport Road. She stated she wants
to deal with the pipes today and the other issues when the time is necessary.
Commissioner Fletcher disagreed, stating he believes the issues are not separable and
this could be our last chance to make deed restrictions for what can happen to that
property.
Commissioner Parsons stated he doesn't like voting against his friends but he is in
favor of this also because of the deed restrictions and the annexation possibility.
Commissioner Borno stated a lot of work has gone into this to make the best
compromised position for the betterment of the City of Atlantic Beach. He stated he
supports the agreement.
Mayor Meserve thanked everyone in the audience for their courteous discourse. He
further stated he has brought a new agreement with the City of Jacksonville to staff to
do the same things they did with the Fleet Landing PUD, i.e. all permitting powers go
to Atlantic Beach. He further stated, without Mr. Sones' request, the property cannot
be annexed.
Votes:
Aye: 3 - Borno, Fletcher, Parsons
Nay: 1-Woods
MOTION CARRIED
Mayor Meserve called for a recess at 8:23 p.m. Mayor Meserve reconvened the
meeting at 8:32 p.m.
(Item 7D was taken out of seauence and acted on at this time.)
D. Public Hearings on adopting a Tentative Millage Rate and adopting
Ordinance No. 20-09-99 establishing the Operating Budget for Fiscal Year
2009/2010 on first reading.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2009 AND ENDING SEPTEMBER 30, 2010.
Mayor Meserve read Ordinance No. 20-09-99 by title only.
Seatember 14 2009 REGULAR COMMISSION MEETING Page 9
Mayor Meserve stated the first item to be considered is adoption of a tentative millage
rate. He explained the current millage rate is 2.9974 and the tentative millage rate and
the rollback rate is 3.1 SS3. He further explained the purpose of adopting the millage
rate of 3.1SS3 is to maintain a level of ad valorem tax revenue sufficient to maintain
adequate funding for the existing level of services at anticipated increased cost and to
continue to maintain the City's infrastructure.
Motion: Adoat a Tentative Milla~e Rate for Operating Puruoses of 3.1553
Moved by Borno, Seconded by Fletcher
Mayor Meserve opened the Public Hearing. No one from the audience spoke so the
Mayor closed the Public Hearing.
Finance Durector Nelson Van Liere answered questions from the Commission.
Votes:
Aye: 4 - Borno, Fletcher, Meserve, Parsons
Nay: 1-Woods
MOTION CARRIED
Mayor Meserve stated the second item to be considered was Ordinance No. 20-09-99
establishing the Operating Budget for Fiscal Year 2009!2010 of $29,713,042.
Motion: Aaarove Ordinance No. 20-09-99, as read.
Moved by Borno, seconded by Parsons
Mayor Meserve opened the Public Hearing. No one from the audience spoke so the
Mayor closed the Public Hearing.
Commissioner Borno stated there is an additional $40,000+ from the estimated
insurance premiums to be added to the budget and proposed amending the budget to
add some items back into the budget. Mr. Hanson stated the actual final figure for the
general fund is + $34,184, rather than $40,000.
After discussion of the Funding to Outside Agencies that had been cut from the budget,
it was the consensus of the Commission to amend the motion to add back all the items
that were cut from the FY 10 Budget, with the exception of the trolley and fireworks.
Amended Motion: Add back funding for Atlantic Beach Elementary After
School. Atlantic Beach Elementary Grass Cutting, Mayuort Middle After School,
Resource Center, Dial-a-Ride, Fine Arts Series, and the Exalorer Program
Moved by Woods, Seconded by Borno
Mr. Hanson stated, as amended, the total is $43,820 additional expenses added back to
the budget, which is approximately $9,000 more than the plus balance. He stated, as
Commissioner Woods mentioned, this could be taken out of the Unrestricted Fund
balance in the General Fund.
September 14.2009 REGULAR COMMISSION MEETING Pace 10
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Amended Motion: Approve Ordinance No. 20-09-99, establishing the Operating
Budget, as amended, for Fiscal Year 2009-2010 of $29,756,862.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
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 the List of New Business Tax Receipts issued in
August 2009, the Monthly Building Department Report for August 2009, the
Monthly Utility Sales Report for August 2009, and the Public Works and Public
Utility Departments Project Status Report as of September 1, 2009.
Mayor Meserve read the Consent Agenda.
Motion: Approve Consent Agenda Item A, as read.
Moved by Parsons, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 09-13
A RESOLUTION IN SUPPORT OF BEACHES VETERAN SERVICE
ORGANIZATION'S "ARMED FORCES COMMUNITY COVENANT"
PROGRAM
Mayor Meserve read Resolution No. 09-13 by title only.
Seutember 14, 2009 REGULAR COMMISSION MEETING Page 11
Motion: Aaarove Resolution No. 09-13, as read.
Moved by Woods, seconded by Bomo
Mayor Meserve explained all the Beaches Veterans organizations are joining together
to create a program called the Community Covenant program, as described in the
Resolution.
Votes:
Aye: S -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance Number 90-09-208, Public Hearing and Final 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-O1-172,
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: Aaprove Ordinance No. 09-09-208, as read.
Moved by Borno, seconded by Parsons
Mayor Meserve opened the public hearing. No one from the audience spoke so the
Mayor closed the public hearing.
Mayor Meserve explained this Ordinance tightens the tools we have to enforce
regulations on properties to control neighbors from being bad neighbors.
Commissioner Borno stated he understands this is pulling together a lot of things that
were scattered throughout all of our ordinances and putting them in a clean method to
be able to read and evaluate them. Commissioner Fletcher stated he voted against this
the last time, but has reconsidered after seeing the language he had concerns with had
been stripped out pretty cleanly. He stated he believes we need to have the tools for
code enforcement and stated he would support it now. Commissioner Woods stated
she believes Sonya Doerr did a great job of cleaning this up.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
Seutember 14, 2009 REGULAR COMMISSION MEETING Page 12
MOTION CARRIED
B. Ordinance No. 90-09-209, Pu61ic Hearing and Final 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.
Mayor Meserve read Ordinance No. 90-09-209 by title only.
Motion: Anarove Ordinance No. 09-09-209, as read.
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 commended staff and the developers for the Country Club and
the Preserve. He stated the uniqueness and benefit that will occur from the traffic
pattern and joining of the streets will clean up a lot of the issues that were hotly
debated here on the Preserve. He stated he believes this is a real plus.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Ordinance No. 90-09-210, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
SECTION 24-173 OF THE LAND DEVELOPMENT REGULATIONS
RELATED TO BOATS AND WATERCRAFT.
Mayor Meserve read Ordinance No. 90-09-210 by title only.
Motion: A~arove Ordinance No. 09-09-210, as read.
Moved by Borno, seconded by Fletcher
Mr. Hanson stated this ordinance basically prohibits people from using the City
park as a permanent parking space for their boats.
Commissioner Borno commended staff and stated he likes what they put
together. He stated this is something we have needed for a long time and it will
give us control.
Votes:
September 14.2009 REGULAR COMMISSION MEETING Page 13
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
E. Ordinance No. 5-09-51, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY
COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN
EFFECTIVE DATE.
Mayor Meserve read Ordinance No. 5-09-51 by title only. Mayor Meserve explained
this Ordinance speaks to a one-yeaz, 10% reduction in salaries for the entire
Commission.
Motion: Auurove Ordinance No. 5-09-51, as read.
Moved by Borno, seconded by Pazsons
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
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. Transmittal Hearing for proposed Evaluation and Appraisal Report (EAR)
based amendments to the Comprehensive Plan. Proposed updates to the
Comprehensive Plan aze now ready for transmittal to the Department of
Community Affairs and other State agencies for their review and comment
prior to the final Adoption Phase of the proposed updates.
Motion: Authorize staff to transmit Evaluation and Appraisal Resort.
Moved by Borno, seconded by Parsons
Ms. Doerr explained this is another step in the process. She stated we are at the stage
where you have to hold the public hearing for transmittal which the statutes require and
send our proposed draft to the Department of Community Affairs and other State
agencies involved in reviewing amendments to our Comprehensive Plan. She stated
they will send us back the Objections, Recommendations and Comments Report and
advise us to further changes we need to make and then we will go through the adoption
process. She stated we aze allowed 18 months to complete the process after the EAR is
found su#licient. Ms. Doerr answered questions from the Commission regarding
timing, public hearings, etc.
Votes:
Seatember 14 2009 REGULAR COMMLSSION MEETING Pate 14
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Renewal of City Insurance.
Mr. Hanson explained, for the third year in a row, we have a minor decrease in cost.
He stated Human Resources Manager George Foster has checked with other
jurisdictions and has determined we will not save any money by going through the bid
process this yeaz. He stated, therefore, staff is recommending the renewal and these aze
the final amounts that have been put in the budget. He stated these prices were
substantially under the initial budget estimates.
Motion: Approve renewal of City's insurance for gone-year aeriod effective
October 1, 2009 through Seatember 30, 2010 as indicated in staff report and
authorize Citv Manager to sign related documents.
Moved by Woods, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
D. Building Department Fee Proposal.
Assistant City Manager David Thompson gave a slide presentation on the budget of the
Building Department stating there is a deficit of $78,266. He summarized the
recommendations in his staff report for the increases and new fees for the Building
Department and explained the estimated increase in revenue each would bring in. He
stated staff was requesting the Commission give their approval to prepaze an ordinance.
After further discussion, it was the consensus to direct staff to prepaze an ordinance to
increase the fees of the Building Department.
E. Fee Proposals for Building Permit Reviews for Public Works and Public
Utilities Departments.
Assistant City Manager David Thompson gave a slide presentation on the fee proposals
and summarized the recommendations in his staff report of the charges for Public
Works and Public Utilities reviews. He stated staff was requesting the Commission
give their approval to prepaze an ordinance. Commissioner Fletcher asked when these
aze brought back to the Commission that staff explain what the cost was before and
after the changes were made. He stated, if they are going to pass the increases, he
believes that would be relevant information so they will know exactly what the impact
is.
It was the consensus to direct staff to prepare an ordinance to increase the fees of the
Building Permit Reviews.
September 14 2009 REGULAR COMMISSION MEETING Paae 15
City Manager 9. City Manager
A. City Manager's Report.
Mr. Hanson reported he authorized an emergency expenditure $39,796.10 to repair a
head wall at Seminole Road near City Hall.
He further reported our GIS group put together a beach access map showing the
various facilities, which he included in the agenda packet.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney City Clerk Bartle
• Stated it was a pleasure working with Mayor Meserve.
City Attorney Jensen
• Wished Mayor Meserve good luck tomorrow and stated he would miss him up
here.
Commissioner Borno
• Asked to put the appointment of an interim Mayor on the agenda for the next
meeting, as the final action item. He stated this would allow the Commission to
finish their business and then appoint an interim Mayor.
• Asked for a discussion item to be put on the agenda for the next meeting
relating to posting signs on all the major entrance ways into Atlantic Beach to
the effect that there is no access to Hannah Park or Mayport Naval Station
through Atlantic Beach. He stated this would help cut down on vehicles
thinking they can cut through to the campground, trucks thinking they can make
deliveries, etc.
• Stated he appreciated working with the Mayor and will miss working with him.
Commissioner Parsons
• Reminisced on his past with Mayor Meserve and thanked him for all of his
accomplishments.
Commissioner Woods
Stated she learned a lot from the Mayor and he was a master at his trade.
Commissioner Fletcher
• Stated he admired the Mayor and thanked him for everything he has done for
the City.
Mayor Meserve
• Stated he has enjoyed his time with the Commission and thanked everyone.
Seatember 14.2009 REGULAR COMMISSION MEETING Page 16
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:51
p.m.
Mike Borno, Mayor Pro Tem
ATTEST:
Donna L. Bartle, CMC
City Clerk
ATTACHMENT A
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC,:;QF-IT:ICERS
LAST NAME-FIRST_NAIy IE~ MIDDLE NA~dE
~ ~
~ ~i 1 ~ NAM^ OF BOARD, COUNCIL, MMISSION, AUTH ITY, OR COMMITTEE
~
~
MAILING ADDRESS `
~ WHICH I SERVE ISNA UNI OOMMISSION, AUT~O,E~,I~Y~~f~ ~OMNII ,~E ON
it
2l 'b
OU TY
CITY CITY ^ COUNTY ^ OTHER LOCAL AGENCY
~~
~
~ ~ AME OF POLITICAL SUBDIVISION:
DATE ON ICH VOT OCCURRED
y
O ~
MY POSITION IS:
I
, ELECTIVE ^ APPO
NTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, rity, or other local level of govemment on an appointed or elected board, coundl,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding eledave or appointive county, muniripal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her sperial private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the specal gain or foss of a prinripal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the sperial private gain or loss of a relative; or
to the special private gain or loss of a business assocate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent spedal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
caparity.
For purposes of this 18w, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A 'business associate' means any person or entity engaged in or prrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may partiripate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the derision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision} with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000 PAGE 1
ATTACHMENT A
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency. ,
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
.,~
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, ~~~1 ~ ~C C, E ~~~ .hereby disclose that on ~ y S~t' l ~~b1f-~ , 20
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate,
_ inured to the special gain or loss of my relativrre~~, ~~ ~~AA ~ ;
X inured to the special gain or loss of ~ ~C~l ~~1 ~_, I) TI ~ ~-- , by
whom I am retained; or
_ inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
"~llgd
Date Fil
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2