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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