Draft Min 11-9-09MINUTES
REGULAR CITY COMMISSION MEETING
November 9, 2009
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor William I. Gulliford, Jr.
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 Gulliford called the meeting to order at 6:00 p.m. Mayor Gulliford 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 October
26, 2009.
Motion: Aonrove the minutes of the Regular Commission Meeting of October 26,
2009, as written.
Moved by Borno, Seconded by Parsons
Votes:
Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Chief Classey introduced David Cameron stating he was promoted from Sergeant to
Lieutenant last week. Mayor Gulliford recognized former Mayor and City Councilman
John Meserve who was in the audience.
(Item 6B was taken out of sequence and acted on at this time.)
B. RESOLUTION N0.09-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
EXPRESSING APPRECIATION TO ALAN C. JENSEN FOR THIRTY YEARS OF
SERVICE TO THE CITY OF ATLANTIC BEACH, FLORIDA.
Mayor Gulliford read Resolution No. 09-17 in its entirety.
Motion: Apurove Resolution No. 09-17, as read.
Moved by Fletcher, Seconded by Borno
Each of the Commissioners gave comments of praise to Mr. Jensen.
Votes:
Aye: 5 -Borno, Fletcher, Gulliford, Parsons, Woods
Nay: 0 -
MOTION CARRIED
November 9.2009 REGULAR COMMISSION MEETING Pace Z
Mr. Jensen stated he believed the person who has suffered most through these years
was his beautiful wife, Ellen, who has fixed many suppers for him after late meetings.
He thanked the Commission, stating it meant a lot to him.
Mayor Gulliford also recognized Dorothy Kerber and presented her with a key to the
City. He stated Mrs. Kerber has been involved in the City of Atlantic Beach for almost
fifty years and has done a wonderful job of making the Commission accountable. Mrs.
Kerber thanked him and stated she was on the committee that appointed Alan Jensen.
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Gulliford opened the Courtesy of the Floor to Visitors. He welcomed the
audience and explained the process for public comments.
David Bew, 381 3'~ Street, congratulated everyone who was elected. He addressed
the Commission regarding the condition of the beach, stating the ocean is taking our
beach away and he realizes the beach renourishment is not going to happen soon. He
stated the beach groomer is causing more erosion and asked why we need them. He
stated the beach groomer serves no purpose that he knows of except to take the
seaweed away, which really needs to be left there. He stated if we would leave the
seaweed there, the sand covers it and it is nature's way of renourishing the beach and
costs nothing. He stated the taxpayers cannot afford a beach groomer and that is
something we can do something about because we don't need a beach groomer. He
stated that if the City believes they need a beach groomer because of the smell of the
seaweed, he volunteered to clean up the beach for free with the help of the Boy Scouts.
He reiterated he does not want that beach groomer anymore, stating there is no reason
for them.
Clark Willey, 310 Ste Street, addressed the Commission regazding the pazking on the
ri~ht-of--way by the resident on the south comer at the intersection of Sherry Drive and
5 Street. He stated this blocks the view of anyone pulling out of 5th Street onto Sherry
Urive. He stated the Police have told him that person is pazked legally. He asked the
Commission what needs to happen next before there is an accident at that corner.
Mayor Gulliford stated he will direct the City Manager to look into this and get back to
him.
Stephen Kuti, 1132 Linkside Drive, addressed the Commission about the children
congregating and skateboazding in the street neaz his house up to 11th Street, stating
this is a safety hazard and suggested "No Skateboarding" signs be put up in this area.
Mayor Gulliford stated he will direct the City Manager to look into this.
No one else from the audience spoke so Mayor Gulliford closed the Public Hearing.
A. St. Johns River Management District -Hal Wilkening, Geoffrey Sample
Mayor Gulliford turned the meeting over to Hal Wilkening, Director of the Department
of Resource Management. Mr. Wiikening introduced Geoffrey Sample, the
Intergovernmental Coordinator. Mr. Wilkening addressed the concerns of the
Commission regarding the Consumptive Use Permit. He stated they will work with
November 9.2009 .REGULAR COMMISSION MEETING Page 3
City Staff to make sure they can implement the Permit and noted there is a mechanism
for the City if they desire to seek a modification. He stated the Permit issued to the
City is very stringent regarding water conservation, which provides for an adequate
water supply while still assuring the aquifer is not overdrawn. He stated they are
happy to work with City Staff to help with any specific details on these Ordinances that
are problematic. Mr. Wilkening distributed a brochure "Landscape Irrigation and
Florida-Friendly Design Standards" to the Commission.
Mayor Gulliford stated although he recognizes the District's goals are honorable and
understandable, he has some difficulty with the implementation of the goals. He stated
Cities like ours are always under siege with unfunded mandates and erosion of "home
rule".
City Manager Jim Hanson explained the various programs the City has implemented to
conserve water and meet the TMDL standards. He presented a slide showing the
average monthly water customer usage. Mr. Hanson further commented on the
conditions included in the Consumptive Use Permit, stating a lot is being demanded of
the City whereas we should really be getting patted on the back for doing the right
thing. He stated he appreciated Mr. Wilkening joining us tonight to explain the issues.
Commissioner Fletcher stated he believes the City of Atlantic Beach is a pretty
responsible steward of its water resources and if the District could identify specific
problems in Atlantic Beach where we are not being responsible, he believes everyone
would be willing to work to solve those issues. He stated he is opposed to passing
Legislation that solves a problem that doesn't exist. He further stated the Water
Management District does a lot of good things and appreciates them being here, but
would like to ask that they deny further requests from cities upstream to make surface
withdrawals from the St. Johns River to support their imgation needs. He stated he
does not see a situation in Atlantic Beach that requires the City to undertake a big
legislative effort to solve and believes this is a waste of time when there is no problem
in Atlantic Beach that requires that type of legislative undertaking.
Commissioner Parsons stated he is bothered by the lack of a cost feasibility study. He
stated the citizens are paying a lot every month. He stated this is asking for us to do an
awful lot on something we really work diligently at now. He believes we need to really
take our time to look at this.
Commissioner Borno stated he appreciated Mr. Wilkening coming but believes the
logic is not very well explained. He stated it is hard to explain to the citizens why we
keep cutting back on water usage, yet the price of their water goes up. He stated the
City would like to work with them but will not be dictated to.
Commissioner Woods thanked Mr. Wilkening and Mr. Sample for coming to the
meeting tonight. She stated the implementation of the Ordinance would be difficult,
requiring more staff, time and expenses. She asked if they are working with the
landscape industry to help create a program to make it easier for people to do this on
their own without having an Ordinance they have to study. She suggested that the
landscape industry could get on board and help everyone make it a lot simpler, i.e.
putting the native plants all in one colored bucket, high water use in another color.
November 9, 2009 REGULAR CQMMISSION MEETING Paee 4
City Attorney Jensen stated we serve customers outside the City limits and asked if the
City of Jacksonville has adopted either of these Ordinances and will they be monitoring
the use of their citizens who use our water. Mr. Wilkening stated he believes the City
of Jacksonville has adopted a Landscape Irrigation Ordinance but does not know if
they have adopted the Florida-Friendly Landscape Ordinance. Mr. Jensen asked if any
cities in this azea have adopted the Florida-Friendly Landscape Ordinance. Mr.
Wilkening stated he believes St. Johns County has adopted a Landscape Ordinance and
there are several in Central Florida. Mr. Jensen stated we have an existing
landscape/irrigation ordinance and we adopt the rules that are promulgated by the
Water Management District as faz as lawn watering and irrigation, but we have
additional conservation provisions in there. He stated if those rules that we have
adopted from the District aren't doing enough, then our City Manager can implement
additional control, such as you can't wash off your driveways and sidewalks, or wash
your cazs using your hose at home, etc. He stated he was told that we had to take those
out; we couldn't have those additional provisions in there, which he believes makes no
sense. He asked Mr. Wilkening to explain why we would not be allowed to have
additional, more restrictive provisions in our Ordinance than the District's rules call
for. Mr. Wilkening stated the Florida Water Law requires that the Water Management
Districts regulate water use. He stated our local government has a utility and conflicts
arise when water users decide to regulate water use. He further stated this goes back to
Chapter 373 in the early 70s. He stated if we believe they are not doing a good enough
job on water conservation and their rules should be stronger, they invite us as a local
government to participate with them in a rule making process. He stated perhaps the
District should amend their rules, if we have discovered a certain benefit in terms of
certain actions that we believe are not in their rules, then they should amend their rules.
He stated he came here tonight to tell us they will be glad to work with us and has
already met with the City Manager and invited him to engage with them on specific
things they could change in the City's Permit. He stated the City has every right to
challenge the District; they get challenged all the time. Mr. Jensen pointed out that that
is a lengthy and very expensive procedure. Mr. Jensen asked if the District will
challenge the City if the City doesn't adopt the Ordinance by a certain prescribed date.
Mr. Wilkening stated the District wants the City to comply with the Permit, but if there
are fundamental problems that the City believes will keep them from complying with
the Permit, then we should try to resolve it before it gets to that paint. He stated they
are not really interested in taking any kind of enforcement action and always try to
work with people. He stated he realizes the City is not happy with the outcome of the
Permit and he can't change that here tonight, but he can say that if the City wants to
pursue changes to that Permit, it can go through a modification process. Mr. Jensen
pointed out that the City has tried for a couple of years to go over some of the
conditions and the Permit came with only minor changes. Mr. Wilkening stated we
could have challenged the Permit then and most challenges to permits don't lead to
litigation, they lead to sitting down and working on it some more. Mr. Jensen asked
who ultimately makes the decision on a modification request. Mr. Wilkening stated
that would be the agency head, Kirby Green, only denials go to the Boazd.
Mayor Guliiford asked if other cities have adopted this Ordinance. Mr. Wilkening
stated several cities have adopted Florida-Friendly Landscape Ordinances. Mayor
Gulliford referenced a brochure of the Florida-Friendly Landscape Guidance -Models
November 9.2009 REGDLAR CON~VIISSION MEETING Page 5
for Ordinances, Covenants and Restrictions, which was put together by the DEP. He
stated he understood that was part of the District's condition that we are to adopt this
verbatim and asked if that was correct. Mr, Wilkening stated he was unsure and would
have to look at the condition. Mayor Gulliford stated after reading through this, his
problem was to adopt it verbatim. He further stated, if the District gives the City a
target for consumptive use and mandates certain conditions that must be implemented,
then they are taking away the City's discretion and right to achieve those goals without
the District's intrusion into the way our City conducts business. He stated he hoped
what the District is saying about negotiating and coming to a common ground is for the
benefit of the City and the goal of conserving water. He thanked Mr. Wilkening for
coming tonight.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
None.
Consent Agenda 4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY
ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED,
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 Monthly Financial Reports for September 2009,
Public Works and Utility Departments Project Status Report as of October 30,
2009, and List of New Local Business Tax Receipts issued in October 2009.
Mayor Gulliford asked for a motion to pass the Consent Agenda.
Motion: Aagrove Consent Agenda Item A, as read.
Moved by Fletcher, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Gulliford, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
A. RESOLUTION N0.09-16
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
RELATING TO THE STATE REVOLVING FUND PROGRAM;
AUTHORIZING THE APPLICATION; AUTHORIZING THE AGREEMENT;
Novem,~er 9.2009 REGULAR COMMISSION MEETING Page 6
ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED
REPRESENTATIVES; PROVIDING ASSURANCES.
Mayor Gulliford read Resolution No. 09-16 by title only.
Motion: Approve Resolution No. 09-1b, as read.
Moved by Borno, seconded by Fletcher
Votes:
Aye: S - Borno, Fletcher, Gulliford, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. RESOLUTION N0.09-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
EXPRESSING APPRECIATION TO ALAN C. JENSEN FOR THIRTY YEARS
OF SERVICE TO THE CITY OF ATLANTIC BEACH, FLORIDA.
This item was taken out of sequence and acted on earlier in the meeting.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-09-100, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009.
Mayor Gulliford read Ordinance No. 20-09-100 by title.
Motion: Approve Ordinance No. 20-09-100.
Moved by Borno, seconded by Fletcher
Commissioner Barno explained this Ordinance is moving money from the Debt
Service Fund, General Pension Fund and Police Pension Fund required to catch us up
from last year's budget to bring it current.
Commissioner Fletcher asked about the $42,000 adjustment and when it was revealed
that we had unanticipated higher costs of providing the benefits that resulted in this
budget amendment. Finance Director Nelson Van Liere stated they don't know when
somebody will terminate or retire, so they clean it up at yeaz-end. He asked if this
$42,000 total is in line with other adjustments made to recognize these unanticipated
increased pension costs. Mr. Van Liere stated there is no rhyme or reason to these
adjustments.
Votes:
Aye: 5 - Borno, Fletcher, Gulliford, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Noveml3er 9, 2009 REGULAR, COMMISSION MEETING Page. 7
Miscellaneous 8. Miscellaneous Business
Business
A. Florida Inland Navigation Grant Acceptance.
Mr. Hanson stated we have been offered a grant and asked the Assistant City Manager
to explain it.
Mr. Thompson explained the grant is to extend the boardwalk and put an additional
canoe/kayak launch in Tideviews Pazk. He stated this is Phase I, Design and
Engineering. He stated if the Commission approves the grant, it will be submitted and
then staff will select a company to do the work. He stated they will come back to the
Commission before they actually award any contracts to complete this Phase.
Motion: Authorize the City Manager to sign the FIND Proiect Agreements and
any subsequent uaaerwark related to this Brant on behalf of the City of Atlantic
Beach.
Moved by Woods, Seconded by Borno
Commissioner Parsons asked if they are going to match the City 50/50. Mr. Thompson
stated that is correct. Commissioner Parsons asked when Phase II will come on line.
Mr. Thompson stated that will be next year. He was told that based on their rules and
regulations we have to have the permit in hand to apply for Phase II. He stated he will
submit the applications in January or February. Commissioner Parsons praised Maria
Marks and her group for doing such a great job, stating it is fantastic to have that much
mazsh for a playground.
Votes:
Aye: 5 - Borno, Fletcher, Gulliford, Parsons, Woods
Nay: 0 -
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report.
Mr. Hanson reported there will be a tour of the Mt. Dora Police Building on Monday,
November 1 b, for those of the Commission who can make it. He further stated there
will be a workshop before the next Commission Meeting to hear a report from the
Police Building Architect on the preliminary planning.
Reports/Requests l0. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Parsons
• Reminded everyone of the Art Walk on November 19.
Commissioner Woods
• Reminded all that MarshFest is this Saturday.
• Plans on putting the pazking issue on the strategic plan so they can come up
with some solutions to the on-street pazking problems.
November 9.2009 REGULA~i COMMISSION MEET~I~TG Pale 8
Mayor Gutliford
• Thanked the Commission for voting for him to fill the interim position of
Mayor.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:06
p.m.
William I. Gulliford, Jr., Mayor/Presiding Officer
ATTEST:
Donna. L. Bartle, CMC
City Clerk
November 9.2009 REGULAR COMiVIISSION MEETING Page 9
MINUTES OF THE MEETING OF THE NEW CITY COMMISSION OF
THE CITY OF ATLANTIC BEACH
IN ATTENDANCE:
Mayor Mike Borno
Commissioner Jonathan Daugherty
Commissioner John Fletcher
Commissioner Paul B. Parsons
Commissioner Carolyn Woods
City Manager Jim Hanson
City Attorney Alan C. Jensen
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
OATH OF OFFICE FOR SEATS 1, 4, AND 5:
• Carolyn Woods- Commissioner Seat 4
• Jonathan Daugherty- Commissioner Seat 5
• Mike Borno- Mayor-Commissioner Seat 1
City Clerk Bartle administered the Oath of Office to Carolyn Woods
(Commissioner Seat 4), Jonathan Daugherty (Commissioner Seat 5) and Mike
Borno (Mayor/Commissioner Seat 1). The signed Oaths of Office are attached
and made part of this official record.
Call to Order of New Commission:
The meeting of the new Commission was called to order by Mayor Borno at
7:22 p.m.
Recognition of Visitors:
Mayor Borno recognized Neptune Beach Mayor Harriet Pruette, former Mayor
John Meserve, former Commissioner Dezmond Waters, Neptune Beach
Councilor Kara Tucker, former Mayor Bill Gulliford and many good friends
and staff who were in the audience.
Recognition of Retiring Mayors:
• William Gulliford
Mayor Gulliford presented special gifts to each of the Commissioners and a
"tiny" gavel to Mayor Borno, stating if he governs wisely he will watch it grow.
Mayor Borno presented Mayor Gulliford with a "trier", cautioning that he
should carry it in good health as he could put an eye out with that thing. He
further presented Mayor Gulliford with a Certificate of Excellence in
recognition of his many "days" of service and a "special" lazge City lapel pin,
telling him to weaz it with pride.
• Sohn Meserve
Mayor Borno presented a plaque to farmer Mayor Meserve for his many years
of dedicated service to the citizens of Atlantic Beach. Mr. Meserve expressed
his appreciation stating it was a pleasure to serve this community.
November 9.2009 REGULAR COMMISSION MEETING Page 10
Following the presentations to the retiring Commission, Mayor Borno
congratulated Commissioner Woods for being re-elected from District 13F and
Commissioner Jonathan Daugherty for being elected from District 135.
Comments from the Mayor and Commissioners:
Commissioner Fletcher stated it has been a pleasure being here for the past two
years and he has enjoyed working with everyone. He thanked Mayor Meserve
for teaching him the talent of taking people from polaz opposite ends of an issue
and bringing them together to hammer out a compromise. He further thanked
Mayor Meserve for his service and everything he has done for the City. He
stated he looks forward to working with everyone else for the next two years.
Commissioner Woods stated it has been great sitting up here for the past two
years and thanked everyone for being so supportive. She stated she realizes
how important our community is to the people who live here and appreciates
their involvement. She stated she appreciates the dedication of everyone on the
Commission, the City Manager and the City Attorney.
Commissioner Daugherty thanked his father, stating he has been an inspiration
and a blessing in his life. He stated if it weren't for the morals and upbringing
his father gave him, he would not be here right now. He stated he taught him
how to be a man and stated he just wants to make him proud. He also thanked
Dorothy Kerber, former Mayor John Meserve, former Mayor Bill Gulliford,
Lynne Roskein and Mark Beckenbach. He stated he looks forwazd to working
with everyone on the Commission and thanked each of them. He also
announced that on November 17 at 6:00 p.m. in the Commission Chamber there
will be an informational meeting for the citizens who aze interested in forming
a neighborhood watch program.
Mayor Borno informed Commissioner Daugherty it is now his responsibility to
keep them supplied with candy.
Commissioner Parsons congratulated Commissioner Woods and Commissioner
Daugherty and wished Mayor Borno the best of luck, stating he is looking
forward to two more exciting years.
City Attorney Jensen stated he was looking forward to working with everyone
and welcomed Commissioner Daugherty aboard.
Mayor Borno welcomed the new and old Commission and thanked Dezmond
Waters, John Meserve and Bill Gulliford for what they have taught him over
the years. He stated he looks forward to serving with all of the Commissioners,
as a team, for the citizens of Atlantic Beach.
November 9.20119 REGULAR COMMISSIQN MEETINQ, Pace. l l
Adjournment:
There being no further business to come before the Commission, the Mayor
declared the meeting adjourned at 7:49 p.m.
Mike Borno
Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
CITY OF ATLANTIC BEACH
OFFICE OF THE CITY CLERK
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5455
TELEPHONE: (904) 247-5810
SUNCOM: 852-5810
FAX: (904) 247-5846
www.coab.us
November 9, 2009
I solemnly swear that I will support the Constitution and will obey the laws
of the United States and of the State of Florida, that I will, in all respects,
observe the provisions of the Charter and Ordinances of the City of Atlantic
Beach, and will faithfully discharge the duties of the office of
Commissioner-Seat 4.
r' /`
~+
Carolyn Woo s
Commissioner -Seat 4
Oath of office administered by:
~~~2
Donna L. Bartle
City Clerk
~('
CITY OF ATLANTIC BEACH
OFFICE OF THE CITY CLERK
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5455
TELEPHONE: (904) 247-5810
SUNCOM: 852-5810
FAX: (904) 247-5846
www coab.us
November 9, 2009
I solemnly swear that I will support the Constitution and will obey the laws
of the United States and of the State of Florida, that I will, in all respects,
observe the provisions of the Charter and Ordinances of the City of Atlantic
Beach, and will faithfully discharge the duties of the office of
Commissioner-Seat 5.
~- ,.
~~.....
,~- .-
..-
...,-
Jonathan Daugherty
Commissioner -Seat 5
Oath of office administered by:
~~ ~~
Donna L. Bartle
City Clerk
CITY OF ATLANTIC BEACH
OFFICE OF THE CITY CLERK
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5455
TELEPHONE: (904) 247-5810
SLJNCOM: 852-5810
FAX: (904) 247-5846
www.coab.us
November 9, 2009
I solemnly swear that I will support the Constitution and will obey the laws
of the United States and of the State of Florida, that I will, in all respects,
observe the provisions of the Charter and Ordinances of the City of Atlantic
Beach, and will faithfully discharge the duties of the office of Mayor.
Mike Borno
Mayor- Commissioner -Seat 1
Oath of office administered by:
~~ " G~~~
Donna L. Bartle
City Clerk