Draft Min. 7-12-10MINUTES
REGULAR CITY COMMISSION MEETING
July 12, 2010
CITY HALL, 800 SEMINOLE ROAD
Attendance
Call to Order/Pledge
Approval of Minutes
IN ATTENDANCE:
Mayor Mike Borno
Mayor Pro Tem John L. Fletcher
Commissioner Jonathan Daugherty
Commissioner Paul Parsons
Commissioner Cazolyn Woods
City Attorney Alan C. Jensen
City Manager Jim Hanson
Recording Secretazy Nancy E. Bailey
ABSENT:
City Clerk Donna L. Bartle (Excused)
Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Daugherty gave
the Invocation, followed by the Pledge of Allegiance to the Flag.
1. Approve the miwutes of the Regular Commission Meeting of June 28,
2010.
Motion: Aaurove the minutes of the Regular Commission Meeting of June 28.
ZO10. as written.
Moved by Fletcher, Seconded by Parsons
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Sally Clemens, 1638 Park Terrace West, addressed the Commission speaking in
favor of the kayak concession that was approved for Dutton Island. She pointed out
some of Edward Hogan's past experience and accomplishments, stating having this
concession at Dutton Island will be an asset for Atlantic Beach. She further addressed
illegal aliens 'working for Atlantic Beach companies being a legitimate concern but
stated there is also a concern that after cone-year residency in Atlantic Beach they
could be our Mayor or Commissioner. She further stated at the June 14 Commission
meeting, the Commission delayed until the next ballot cycle to tighten the Charter to
make citizenship a requirement to be a qualified elector. She stated it is not currently
required that an Atlantic Beach resident seeking political office present his birth
certificate or passport. She suggested that clearer, stronger language should be in our
Charter which hopefully voters will approve in the next election ballot cycle in
Atlantic Beach.
Chip Greene, 344 5t° Street, distributed a summary to the Commission regarding his
request. He addressed the Commission regazding the requirement of storage of on-site
July 12 2010 GULAR COMMISSION MEETING Page 2
storm water for the new home he and his wife are building on 5~' Street. He stated
they believe this ordinance is over burdensome to new home builders and explained
how difficult it is to meet the requirements of this ordinance. He asked the
Commission to repeal this ordinance and change it to something less restrictive and
more reasonable and take this heavy burden away from the citizens of Atlantic Beach.
Jolyn Johnson, 2322 Beachcomber Trail, addressed the Commission regarding
lifeguards, stating all entrances to the public beach should have a lifeguazd for safety
reasons as they are paid for by all of the residents of Atlantic Beach. She made several
suggestions including, reduce the services of the lifeguazds to a group of taxpayers
who live in the azea and reduce their taxes by the same amount of funds not being
spent; reduce the number of hours of all the lifeguards in order to be able to place a
lifeguazd at all entrances; or reduce spending in an area that will affect everyone in a
community so all can share the burden of loss.
Mike Lee, 1703 Park Terrace East, addressed the Commission regarding the
lifeguard issue, stating he and his three small children use the 17a' Street access
(Dewees) and he does not understand why this access was cut entirely while the
Oceanwalk access, with less usage, was left in place. He stated if the determination
was really based on population counts he believes 17~` Street should be considered
strongly because there are more folks there on weekends and weekdays than at
Oceanwalk.
Bishop Percy Golden, 1700 Francis Avenue, addressed the Commission to thank
them for allowing their festival to be held. He further stated he is in the process of
trying to organize the other pastors in the community to get involved.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor
to Visitors.
Unfmished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
City Manager Jim Hanson discussed the City's fiscal condition, stating we aze better
off than other cities and have had no major service level cuts. He stated this is due to
conservative budgeting and putting money into the water, sewer, storm water and
pazks projects when it was available, which helps us have fewer major project needs
and expenses now. Mr. Hanson also reminded everyone that the budget workshops
will begin the first week in August. He further asked that Item 8C be moved up for
discussion here. He stated reducing the lifeguard staffing was one of many steps taken
to help balance the budget and asked David Thompson to report on the lifeguazds.
Item 8C was taken out of sequence and acted on at this time.
8C. Lifeguard Staffing.
Assistant City Manager David Thompson introduced Lifeguard Captain John Phillips.
Mr. Thompson summarized his staff report outlining several options for the
Commission's consideration as follows:
July 12, 2010 REGULAR COMMISSION MEETING Pace 3
Options/Costs #1: Leave the budget and the lifeguard coverage as they presently
exist. Educate the beachgoers relative to the risks and the choices that they have
available to them. No change in budget is required.
Option #2: Restore funding for the Oceanwalk tower Monday-Friday. Based on the
remaining summer schedule, staffing this tower through Labor Day will cost
approximately $4700.
Option #3: Restore funding for the 17th Street tower on weekends/holidays. Staffing
this tower through Labor Day will cost approximately $1,300.
Option #4: Restore funding for both Oceanwalk and 17th Street towers to 2009 levels.
This will cost approximately $6,000.
Discussion ensued with Mr. Thompson and Mr. Phillips answering several questions
from the Commission.
Motion: Go with Option #4 -restore funding for both Oceanwalk and 17`6 Street
towers to 2009 levels and add $6,000 to the bud¢et amendment ordinance.
Moved by Woods, Seconded by Parsons.
Discussion ensued and Mr. Thompson and Captain Phillips answered more questions
regarding hours of coverage and the need for coverage, staffing and cost, with Mr.
Phillips stating he would like to see nine towers out on weekdays, instead of seven,
and eleven on the weekends, instead of nine. Captain Phillips stated he does not
currently have the staff to man more than one additional tower and would have to hire
an experienced lifeguard for the other, because the training hours involved would not
allow him to hire an inexperienced lifeguard this late in the summer.
After further discussion, it was the consensus of the Commission to restore funding to
return lifeguard coverage at all accesses.
Commissioner Woods withdrew her motion and Commissioner Parsons withdrew his
second.
apnrozimate cost of $10,700 and add $10.700 to budget amendment Ordinance
20-10-104.
Moved by Woods, Seconded by Parsons.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, 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
July 12, 2010 REGULAR COMMISSION MEETING Page 4
BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND
STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO
THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Business Tax Receipt Report and the Building
Department Monthly Activity Report for June 2010.
Mayor Borno read the Consent Agenda.
Commissioner Woods pulled Item A. She pointed out our year-to-date numbers on the
Building Department Monthly Activity Report are up over 50% in total value of
construction which she believes is a small sign of the economy continuing to get
stronger.
Motion: Aaarove Consent Agenda Item A, as read.
Moved by Parsons, Seconded by Daugherty.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
A. Resolution No.10-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT RENEWAL
BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE
DATE.
Mayor Borno read Resolution No. 10-09 by title.
Motion: Anarove Reso~,ution No.10-09 as read.
Moved by Woods, Seconded by Fletcher
Public Works Director Rick Carper explained the reason for the Resolution, which is
required by FDOT in order to renew the annual maintenance contract.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
July 12, 2010 REGULAR COMMISSION MEETING Page 5
A. Ordinance No. 20-10-104, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2009 AND ENDING SEPTEMBER 30, 2010.
Mayor Borno read Ordinance No. 20-10-104 by title.
Motion: Amend Ordinance No. 20.10-104 as presented to include action
voted on in Item 8C.
Moved by Fletcher, Seconded by Parsons.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Motion: Annrove Ordinance No. 20-10-104 as read.
Moved by Woods, Seconded by Fletcher.
Finance Director Nelson Van Liere explained the budget modifications in Ordinance
No. 20-10-104 and answered questions from the Commission. Mr. Hanson further
explained the Chamber of Commerce has informed us they will not need the $15,000
that was budgeted for this yeaz and will not be making a request for any money next
yeaz.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsoas, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Sign violations.
Community Development Director Sonya Doerr summarized her staff report showing
several slides of sign violations, stating our current sign code does not allow any kind
of commercial banner, pennant, or flag. She further stated a business owner had
requested we consider changing our sign ordinance to allow these. She stated staff
recommends the City maintain and enforce the sign ordinance as written. Discussion
ensued and Ms. Doerr answered questions from the Commission. Commissioner
Fletcher agreed we have to keep the Mayport Corridor looking pretty but stated he does
not want to get over zealous with code enforcement. He stated he does not want us to
act like a police state.
B. Request by Roberts Mt. Pisgah A.M.E. Church to Abandon the Existing Walter
Road Right-of--Way in Exchange for New Right-of--Way.
Mr. Carper explained the request, showing slides of the site plan for the proposed new
right-of--way.
July 12.2010 REGULAR COMMISSION MEETING Page 6
Motion: Direct staff to prepare an ordinance and other paperwork for the
Commission to consider at the nett meeting.
Moved by Pazsons, Seconded by Woods
Discussion ensued and Mr. Carper answered several questions.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Lifeguazd Staffing.
This item was taken out of sequence and acted on eazlier in the meeting.
City Manager 9. City Manager
A. City Manager's Report.
City Manager Jim Hanson reported the Movies in the Pazk will begin August 21 with
"The Princess and the Frog" at Donner Pazk; "Furry Vengeance" will be shown
September 18 at Sunrise Church; and on October 23 at Russell Pazk, in connection
with the campout, "How to Train a Dragon" will be shown. The final movie will be
Karate Kid on November 20, location to be determined. (Subject to change.)
Mr. Hanson reported there was another alcohol deployment on July 7, which checked
18 businesses to see if sales would be made to minors and only one buy was made at
the Citgo on Mayport Road.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Daugherty
• Gave an update on the back-to-school fundraiser for children at Donner Center
to be held on August 6 at Atlantic Theatres. Stated he would leave information
in City Clerk's office on Dignity-U-Weaz.
Commissioner Fletcher
• Wants to put on the agenda for discussion the issue brought up by Chip Greene
tonight regazding the on-site water retention requirement.
Commissioner Parsons
• Agreed with Commissioner Fletcher that the Commission needs to discuss the
on-site water retention requirement.
Commissioner Woods
• Stated she is agreeable to looking at the on-site water retention requirement
also.
Julv 12, 2010 REGULAR COMMISSION MEETING Paee 7
• Was contacted by a couple of parents wha were excited to restart the Teen
Council and stated they will attend the next Commission meeting to address the
Commission.
Mayor Borno
• Stated there are numerous ways to handle water retention which they can
discuss when this is on the agenda.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:50
p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Nancy E. Bailey
Acting City Clerk