Agenda Item 1MINUTES
REGULAR CITY COMMISSION MEETING
May 23, 2011
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tem John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge 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.
Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of May 9, 2011.
Motion: Approve the minutes of the Regular Commission Meeting of May 9,
2011, as written.
Moved by Fletcher, Seconded by Daugherty.
Commissioner Woods stated she believes the comments by Lyman Fletcher needed to
be changed to more accurately reflect the comment he was making as she had proposed
in the email given to each Commissioner. Mayor Borno reminded her that his
comments were part of the quasi judicial hearing and were recorded verbatim by the
court reporter in its entirety in the record. He stated he agrees with the summarization
in the minutes and knows there have been exchanges back and forth about how
difficult it was to pick up his comments and be able to get it fully accurate.
Commissioner Woods stated she wanted to make a motion to amend what is in the
minutes on his comments so his concept of what he was trying to get across is more
accurately reflected.
Motion: Amend minutes to reflect changes to comments by Lyman Fletcher as
proposed.
Moved by Woods, Seconded by Daugherty
Commissioner Daugherty asked what exactly she wanted to add, was it the underlined
section they were given. Commissioner Woods stated yes. She further stated the top
half was the verbatim transcript and the yellow highlighted was the meat of what he
was saying, which is reflected in the underlined statement at the bottom (which is
attached and made part of this Official Record as Attachment A).
Commissioner Fletcher asked whose interpretation was the underlined, the clerk's or
Commissioner Woods' interpretation. Commissioner Woods stated it isn't really an
interpretation; it's pretty much what is highlighted in yellow. She stated she wrote it.
Votes:
Aye: 3 — Parsons, Woods, Daugherty
Nay: 2 — Borno, Fletcher
MOTION CARRIED
May 23, 2011 REGULAR COMMISSION MEETING Page 2
Commissioners Fletcher and Daugherty changed their original motion to approve the
minutes, as amended.
Votes:
Aye: 5 — Borno, Fletcher, Parsons, Woods, Daugherty
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.
A. Proclamation- Neurofibromatosis Awareness Month
Mayor Borno asked if anyone was present from the Neurofibromatosis group. There
being none present he stated he signed a Proclamation, effective today, for that group
recognizing that ailment, which is a debilitating disease particularly related to young
children. This Proclamation proclaims the month of May as National
Neurofibromatosis Awareness Month.
Mardie Le Bouton, 774 Aquatic Drive, addressed the Commission regarding trash
(which she brought in to the meeting) that is piling up at the pond in her neighborhood.
She also stated there are people climbing the fence around the pond. She asked if the
City could install a garbage can. Mayor Borno stated they would have staff get back to
her.
Dennis Stone, 1620 Park Terrace West, addressed the Commission regarding
Johansen Park. He stated there is great concern in his neighborhood about this issue
and stated he has additional petitions he will leave with the City Clerk. He stated his
biggest concern is in the way this has been approached and believes there should be a
plan for the use of the parks in the City rather than doing things ad hoc.
Rae Brady, 1636 Sea Oats Drive, spoke against putting the Frisbee golf in Johansen
Park, stating this is people's front yards. She stated Johansen Park is being used a lot
as it is, giving several examples. She stated the park is an eco and neighbor - friendly
stormwater drainage situation. She further referenced a book, Last Child in the Woods
which talks about how natural areas are important to our children, stating the book is
well researched.
Sally Clemens, 1638 Park Terrace West, stated there was no mention of Johansen
Park in this year's strategic planning or this year's budget. She stated with so much
money needed for our commitment to Tideviews Boardwalk and extension, she highly
recommended that Johansen Park remain a quiet nature preserve. She stated the City
Manager researched the park dedication documents in his follow -up report. She asked
if there was any discussion of these parcels of land given to Atlantic Beach in the
minutes of the 1957 Commission meeting, stating she would like to know a little bit
more. She further stated, as they get older, those in the back of the Chamber are losing
May 23, 2011 REGULAR COMMISSION MEETING Page 3
their hearing and asked that the Commissioners speak into their microphones, because
when they turn their heads they don't hear them as well.
Donald Ames, 1614 Park Terrace West, asked the Commission to help preserve the
quality of life in Atlantic Beach by not putting a Frisbee golf course in Johansen Park.
He stated a Frisbee golf course in Johansen Park will not add to the value of his home
nor will it enhance real estate values in the immediate area. He stated he believes it
will adversely affect the property value in that area and also alter what is right now a
very natural, beautiful, tranquil area. He stated he believes they need to encourage
more dialogue within the community and believes there are some bright, intelligent,
creative people in this community who are willing to participate in government and
share ideas they may have about how to utilize, not only Johansen Park, but a lot of
other issues the Commission is dealing with. He further suggested the City put some
additional benches in Johansen Park so people can sit, as well as a few more bridges or
crosswalks over the ditch. He also suggested they label the trees and identify some of
the wildlife in the area which would provide an educational environment. He stated for
54 years this Commission has taken a stand to preserve the natural beauty of that area
and encouraged the Commission to do the same and vote no on a Frisbee golf course in
Johansen Park.
Noah Stone, 1620 Park Terrace West, stated he wholeheartedly agrees about
everything that was said regarding not putting a Frisbee golf course in Johansen Park.
He stated many people use this park and he does not believe a Frisbee golf course will
make it any more used than having a natural, enjoyable preserve in the park. He stated
if they are spending money on doing this, he believes there are other ways to spend this
money, such as a shower at the 15 Street Beach Access or a volleyball net on the
beach, as suggested in the petition presented to the City Clerk at the last meeting.
No one else from the audience spoke so Mayor Bomo closed the Courtesy of the Floor
to Visitors.
B. Report of Transportation Improvement Program by North Florida TPO
Denise Bunnewith, TPO, 1022 Prudential Drive, gave copies of her presentation to
the Commission. She explained the projects at the beaches in the Transportation
Improvement Program for fiscal years 2011/2012 — 2015/2016 including Beach Blvd.
from Hodges to San Pablo; Butler Blvd from Hodges to the West and East bound off
ramps - traffic operations project; AIA from 34 to Atlantic Blvd./Mayport Road; AIA
from Marsh Landing to 34 Avenue; and AIA from Atlantic Blvd./Mayport Rd to
Wonderwood - ITS surveillance system construction.
Ms. Bunnewith answered questions from the Commission and explained the blue toad
technology.
Mr. Hanson stated he understands we are going to get a feed for the local signals in our
City at our dispatch center. He stated, on times like the 4 th of July when they now have
to have an officer at all the signals to get people off the beach, this system could handle
all of that without having to divert police officers from other valuable duties at a very
busy time.
May 23, 2011 REGULAR COMMISSION MEETING Page 4
Mayor Bomo stated he sits on the TPO and he believes the beauty of this is the ITS
system for traffic flow. Ms. Bunnewith agreed stating ITS lets them tweak what they
have and make things better, i.e. clearing accidents more quickly, improving
evacuation times, etc.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow -up Report.
Meeting
Mr. Hanson responded to the comments made regarding the deed restrictions at
Johansen Park stating the park was conveyed to the City in four separate parcels, three
of the four contain identical language stating the tract shall be used for a park and
beautification purposes, but it doesn't say anything about passive parks. He stated the
fourth parcel was dedicated to the City without any reservation to the City at all. He
summarized it is to be used for a park, it could be an active or passive park, there are
no restrictions. He explained some people have made reference to the website
description that it is a passive park, which is there for people who want to see what is
in our parks, it doesn't govern what the Commission can use the park for. He stated if
the Commission wanted to do something differently, we would change the description
accordingly. He further stated the parcel is a flood plain and most of it is too low to
build houses on, which he believes is why it was dedicated to the City.
He further followed up on the complaint about the house at 61 Ardella Road stating
Code Enforcement had already been out there and it had already been before the Code
Board once and was scheduled to be back in front of the Code Board the next night
after the last City Commission meeting. He stated when it went before the Board it
was determined that all the items had been corrected. He stated they were assessed a
$500 fine plus administrative fees and it is in compliance at this time.
Mr. Hanson also stated the lien on the Habitat property was deferred from a previous
meeting to tonight's meeting, however, it did not show up on the agenda tonight
because he did not receive any information back on this issue from the attorneys until
late last week, after the agenda came out. He stated he will have this item ready for the
next meeting on June 13.
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 Building Department Monthly Activity Report,
Financial Report, and Utility Sales Report for April 2011.
May 23 2011 REGULAR COMMISSION MEETING Page 5
B. Extend the contract with Shaw's Tree Service, LLC for palm tree trimming of
the Atlantic Boulevard Medians, Mayport Road Flyover areas, Town Center,
Mayport Road Medians and several park areas for one year at the current prices.
Mayor Borno read the Consent Agenda.
Commissioner Daugherty asked to pull item B.
Motion: Approve Consent Agenda Item A as read.
Moved by Fletcher, Seconded by Woods.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Daugherty asked if there was any negotiation with the company to get a
lower price. Mr. Carper stated there were no negotiations since they just bid this out
last year. He stated he did not believe they would save any money rebidding it. Mayor
Borno asked if the contract had any renewals. Mr. Carper stated this will be the first
and they can have one more. Commissioner Daugherty asked if we receive any funds
from the Town Center Association for the Town Center portion. Mr. Carper stated
they do not; they split the cost with Neptune Beach for the trees on their side. Mayor
Borno asked if we split with Neptune Beach on Atlantic Blvd. Mr. Carper stated no,
we have the contract with FDOT for those medians. He stated Neptune Beach does
pay for their side of the flyover, which is a separate contract. Commissioner
Daugherty asked if we are reimbursed by FDOT for the maintenance of the medians.
Mr. Carper stated FDOT reimburses the City for maintaining medians; they do not
reimburse us at our cost because it was at the City's request that the landscape medians
were installed as part of a Greenscape project for Atlantic Blvd. He stated Atlantic
Beach and the City of Jacksonville participated in putting the landscape medians on
Mayport Road so we pay the cost for the landscape there. He stated they do reimburse
us on a certain per linear foot of right -of -way for maintenance of the right -of -way but
no additional funds for maintaining the landscaping. Commissioner Daugherty asked
why Neptune Beach hasn't split the cost with us because the beautification helps both
cities. Mr. Carper stated, it was before his time, but when the medians were put in, it
was an agreement between the City of Atlantic Beach, Greenscape, FDOT and
Jacksonville. He stated he would have to research why Neptune Beach was not
included. Mayor Borno stated he recalls that Neptune Beach opted out of it if we were
willing to take the lead for Atlantic Blvd. Commissioner Woods stated perhaps
Commissioner Daugherty could look at the contract and see if he thinks it could be
renegotiated. Mr. Hanson stated the contract with FDOT is a mow and go level of
maintenance and if the local agency wants to do more, normally, the philosophy is the
additional cost would be paid by the agency. He stated, consequently, we pay the total
maintenance cost and FDOT gives us what they think their cost would be to mow and
go. Commissioner Daugherty stated as far as this contract goes, if Mr. Carper didn't
think we could save money by going out for additional bids, that is fine. He stated
what he has a problem with is the fact that we are ponying up the dough for Atlantic
May 23 2011 REGULAR COMMISSION MEETING Page 6
Blvd. and Neptune Beach isn't paying their fair share. Mayor Borno stated he will put
that on his list for the next time he meets with them.
Motion: Approve Consent Agenda Item B as read.
Moved by Fletcher, 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
None.
Action on Ordinances 7. Action on Ordinances
Item 8H was taken out of sequence and acted on at this time. Mayor Borno stated he
moved this item up because the decision on this bid will impact the action on the
Budget Amendment, Item 7A.
8H. Tideviews Boardwalk/Dock Extension Bids.
Assistant City Manager David Thompson gave the historical background of the project,
stating the lowest bid for construction was higher than previously estimated, exceeding
the budget by approximately $64,000. He stated they discussed this with Bowen Civil
Engineering who explained the length of the pylons, redesign, etc. drove the cost up
over what was anticipated. He stated it is now up to the City Commission to decide
whether to proceed with this project and award a construction contract. He stated they
have used Convention Development Tax funding in the past for this and have not used
any General Fund money. He explained the Convention Development Tax money is
one of the most restricted revenue sources we have in the City. He stated that money
cannot be used to pay salaries, pensions, reduce water bills, etc. He stated it can only
be used for a project that encourages tourism. He stated if the Commission chooses to
proceed with this project, they will need to put approximately $72,000 in this project so
it can be built. He stated that can be moved from the General Fund now and then
reimburse that from Convention Development Tax money.
Motion: To award the bid for const ruction to the lowest bidder, (J.D. James, Inc.
for $257,670), and to authorize the transfer of $72,000 from the General Fund to
the Tideviews project budget to cover the cost of construction, with the direction
to reimburse the General Fund from the Convention Development Tax Fund
when the funding is available to do so.
Moved by Fletcher, Seconded by Woods.
Commissioner Parsons stated he doesn't like the idea of borrowing money from the
General Fund. He asked what we are going to get from the bed tax next year. Mr.
Mav 23. 2011 REGULAR COMM ISSION MEETING Page 7
Thompson stated we receive approximately $65,000 /year from bed tax money. He
stated, however, as soon as we sign the construction contract for this we will seek the
reimbursement of the $31,000 from the Florida Inland Navigation District (FIND) for
the design work, which we plan to receive this fiscal year. He stated next year it
should be approximately $65,000, so about half way through the year we should have
the General Fund reimbursement. Commissioner Parsons stated he doesn't have any
problem with the $72,000, he just wants to make it known that he is not a big advocate
of borrowing from our General Fund and doesn't want to get in the habit of doing it.
Mayor Borno stated it is scary and would be terrible if we weren't very consistent, but
we always have been, in getting it paid back.
Commissioner Woods stated we are bound to use this money for tourism development
and are talking about this project being good for ecotourism. She asked how the City
promotes our ecotourism so we see the benefits locally. Mr. Thompson stated as we
develop the Master Plan for that whole area we will see more but currently we use our
website, the paddling trails and getting the word out to the outfitters. Commissioner
Woods asked if we are allowed to use these funds to promote all of these new facilities.
Mr. Thompson stated he is not sure about it being used for advertising. Mr. Hanson
stated he believes we can because we were funding the $15,000 /year to the Chamber of
Commerce for their use in advertising tourism. Commissioner Parsons stated he has
done a lot of research on this for the statue and you can advertise in print, magazines,
television, etc. to promote your city for tourism. Discussion ensued.
Commissioner Daugherty stated perhaps in the future we could get into a partnership
with Jacksonville or the State to help this realize its full potential and educate more
people about the marshes.
Mayor Borno asked if the depth of the pylons resulted from when our permit
applications were put together.
Randy Downing, engineer with Bowen Civil Engineering, stated when they first did
the estimate it was site unseen and they didn't know what the geotechnical report
would yield. He stated they discovered it was pretty deep muck out there and the result
was that deeper pylons were required than anticipated.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
A. Ordinance No. 20 -11 -110, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2010 AND ENDING SEPTEMBER 30, 2011.
Mayor Borno read Ordinance No. 20 -11 -110 by title.
Motion: Approve Ordinance No. 20 -11 -110 as read.
Moved by Fletcher, Seconded by Parsons
May 23 2011 REGULAR COMMISSION MEETING P age 8
Mayor Borno stated they need to amend this to delete the Community Development
Block Grant. Mr. Thompson explained a mistake was made when they sent the letter
that said they were going to reduce our allocation for CDBG funding by $18,517.
They realized the reduction in funding would not take place until next year.
Motion: Amend motion to delete reference to the Community Development Block
Grant fund.
Moved by Fletcher, Seconded by Daugherty
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Mayor Borno called for a vote on the original motion, as amended.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Approval of location of Fleet Landing Sign.
Sonya Doerr explained the sign ordinance that led up to Fleet Landing changing their
sign and summarized her staff report stating they are retroactively bringing this to the
Commission for their approval.
Bill Deem, 2341 Fiddlers Lane, counsel representing The Pantry Inc., owner of the
Kangaroo store, stated they have found no middle ground. He distributed a
presentation to the Commission. Mr. Deem presented his client's position, stating the
Commission should do what is right. He discussed the new placement of the Fleet
Landing sign which obscures the sign for the Kangaroo store. He further stated Fleet
Landing is not a retail business and they do not need to attract customers off of
Mayport Road. He further cited several sections from the code regarding signage,
stating Fleet Landing's sign does not conform to code.
Commissioner Parsons asked Mr. Deem if the Kangaroo sign blocked the original Fleet
Landing sign before it was moved. Mr. Deem stated, no, they were side by side.
Commissioner Parsons asked how business has been since that sign has been up. Mr.
Deem stated he did not have the answer to that but could get it, if needed.
Commissioner Parsons stated that was not necessary, they have already had six weeks
to work on it.
Josh Ashby, One Fleet Landing Blvd., stated they moved the sign farther west to
improve their visibility because it is an important navigational aid for older adults who
May 23 2011 REGULAR COMMISSION MEETING Page 9
have vision impairments. He requested the Commission approve the staffs
recommendation and retroactively approve the location of the Fleet Landing sign.
Motion: Approve existing location of new Fleet Landing entrance sign replaced
pursuant to Section 1117 14 (5) of the Sign Regulations requiring non - conforming
signs to be brought into compliance by September 9, 2012.
Moved by Fletcher, Seconded by Parsons.
Commissioner Fletcher asked if this sign conforms to code. Ms. Doerr explained it
complies with the 8 foot size and location but they have never made anyone comply
with the Welcome to Atlantic Beach style. She further stated this was a sign permit,
there was not a public notice requirement as Mr. Deem requested.
Commissioner Woods asked Ms. Doerr about her comment that they have never held
anyone to the Atlantic Beach signage design. She asked how many signs have been
approved to be put in the right -of -way since they redid the sign ordinance. Ms. Doerr
stated there are Selva Lakes and Selva Linkside, stating they just added the provision
that they have to be approved by the Commission, which she believes was done in
response to Selva Linkside. Mr. Hanson stated there are quite a number of signs in the
right -of -way that go back to a time before they required Commission approval.
Commissioner Woods stated the question was since we redid the code and the code
said if you are going to put a sign in the right -of -way it needs to look like our Atlantic
Beach signs. She asked how many signs have been approved to be put in the right -of-
way since this code change. Ms. Doerr stated Selva Norte has this type of sign.
Commissioner Parsons stated they are almost identical to what the Atlantic Beach sign
looks like. Ms. Doerr stated she doesn't believe they were trying to say everybody had
to have a sign that looks like the Atlantic Beach sign, it was just this monument sign
look and externally illuminated. Commissioner Woods stated she believes the
language is pretty clear. She asked about Fleet Landing having two signs, one at their
gate and the one in the right -of -way and whether the code allows for more than one
sign. Ms. Doerr stated that is a different kind of sign, they can have a free standing
sign at each entrance and can also have a fascia sign. Commissioner Woods asked Ms.
Doerr to show her where that was in the code, which she did. Discussion ensued
related to PUDs and residential zoning and signage. Commissioner Woods stated the
Fleet Landing sign does not look anything like the Atlantic Beach sign in any way,
fashion or form. She stated Fleet Landing is great for this community and she does not
want them to think she is picking on them, but she believes we have created another
hardship for ourselves because we have conflicting codes going on. She stated she
believes it is very unfortunate and it was obvious when the permitting was going on
that the Kangaroo sign would be completely blocked and believes it should have been
addressed at the time. Ms. Doerr stated it is not our responsibility to provide clear
unobstructed visibility for commercial signs. Commissioner Woods stated it is our
responsibility to go by our codes and this sign does not look anything like what is
required in the code and she believes it should have been brought up in the permitting
process. Ms. Doerr stated we were forcing them, by other requirements, to put in a
new sign and she does not know that we would want a lot of signs looking just like our
Welcome to Atlantic Beach signs. Discussion ensued. City Attorney clarified that the
language about the signs complementing and conforming to the Welcome to Atlantic
Beach sign references signs in residential districts and signs at the entrance to parks
Mav 23. 2011 REGULAR COMMISSIO MEETING Page 10
and other public buildings and places. He stated under 17 -39, Commercial Signs, there
is nothing about the sign having to look like the Welcome to Atlantic Beach sign and
believes that is what we are dealing with here. He stated this sign is obviously in a
commercial location. He stated the PUD doesn't start on Mayport Road, it doesn't
start until you get over the bridge, or at the bridge, as he understands it. He stated
under 17 -42 (13) private signs on any public property other than specifically approved
by the City Commission are the signs that are prohibited. He stated this sign is a
private sign on public property and it has to be permitted by the Commission. He
stated the sign is in a commercially zoned piece of property advertising a residential
area located within a PUD and the sign is not within the PUD. Commissioner Fletcher
asked if he was saying that the commercial sign guidelines apply, which means this
doesn't apply. Mr. Jensen stated that was correct, there is nothing within 17 -39 that
has that same language.
Commissioner Daugherty stated, to him, what the sign looks like really isn't the issue.
He stated he has to look at this as if it was coming across for the first time and that sign
isn't there yet. He stated the reason these things have to come before the Commission
is to give people notice and a chance to respond. He stated that is why he is going to
be voting against this. He stated the easy thing to do, to protect ourselves and say yes
we are following all the legal things, is to approve it and be done with it, but what he is
looking at is if this was coming up for the first time and he had to look at it and say is it
right to allow this. He stated Fleet Landing doesn't own the property and the gas
station pays a premium for their property frontage on Mayport Road and therefore
bought the right to advertise on Mayport Road. He stated, as valuable as Fleet Landing
is to our community they don't own any property at that location on Mayport Road.
He stated looking at the site plan for Kangaroo there is no place to move their sign. He
stated if this was coming up for the first time and the gas station said please don't put
this in front of our sign because it going to adversely affect our business, would he
approve it. He stated the answer was no.
Commissioner Fletcher stated if we heard this brand new today he does not believe
they would be allowed to consider a neighbor fussing, because it is not their job to
provide sightlines in the way they approve signs. He stated Fleet Landing first put up
their sign 10 -15 years ago, and since then the Kangaroo sign has obstructed that
coming from the north and now the Walgreens sign obstructs them coming from the
south. He stated they are looking to rectify that and he doesn't believe the Commission
should be in the position to referee. He stated there is no legal reason not to approve
the sign and he doesn't weigh a lot of input from a non - conforming sign from the
Kangaroo complaining about the sightline. He stated every time something gets built,
somebody's sightline gets affected, so he is inclined to support it.
Commissioner Parsons stated we don't look at things like what if, this is what it is and
he believes they have the right to have their sign where it is and Kangaroo will have to
take down their sign in less than a year and a half anyway.
Mayor Borno asked if grandfathering comes into this at all. Ms. Doerr stated if you
were considering this location right now for the first time, you would have a hard time
telling Fleet Landing they can't put their sign three feet away from where their old sign
was. She stated it meets the setback requirement now and the old sign did not; it meets
May 23 2011 REGULAR COMMISSION MEETING Page 11
the 8 foot height limit and size requirements. She further stated she does not believe it
was ever the intent in the sign discussions that every commercial monument sign or
free standing sign look like the Welcome to Atlantic Beach signs, although they talked
about it for parks, subdivisions, but she does not recall discussions about commercial
signs. Commissioner Woods stated this is a residential sign.
Commissioner Parsons added that Fleet Landing is not a total residential area, it also
has a nursing home and does have commercial usage in there. Commissioner Woods
asked how much the sign cost to put there and what it would cost to move it. Mr.
Ashby stated it was $20,000 to put the sign in. He stated there would be no visibility if
it was moved back.
Votes:
Aye: 3 — Borno, Fletcher, Parsons
Nay: 2 — Daugherty, Woods
MOTION CARRIED
B. Approval of Final Order on Wolfson appeal.
City Attorney Jensen stated, as explained at the previous meeting, this had to be
reduced to a written order setting forth the findings of fact and conclusion of law based
on what was heard and the record presented to Community Development Board, which
is what this order attempts to reflect.
Commissioner Parsons explained there was a lot of confusion after an article in the
paper, which misled a lot of people, stated we were doing the variance and that was
what we were asked to do as a Commission. He stated that was not what we were
asked to do. He clarified what the Commission was asked to do was to determine
whether procedural due process was afforded, whether the CDB applied the correct
law, and whether the findings of the CDB are supported by competent substantial
evidence. He asked that the press correct that because what was published was wrong.
Motion: Approve Order Affirming Decision of Community Development Board,
as submitted.
Moved by Parsons, Seconded by Daugherty.
Votes:
Aye: 4 — Borno, Daugherty, Fletcher, Parsons
Nay: 1— Woods
MOTION CARRIED
C. Possible Naming of a Park in Honor of Commissioner Dezmond Waters.
Mayor Borno stated this was brought up at the time Commissioner Waters passed away
with the thought that it was something we might like to consider doing. He stated he
met with Commissioner Waters' family and they like the idea. He stated they could
either leave the area known as Mandalay Park and put below it, in memory of
Commissioner Dezmond Waters, III or they could rename the park as the
Commissioner Dezmond Waters Memorial Park.
May 23 2011 REGULAR COMMISSION MEETING Page 12
Commissioner Parsons explained the background and naming of Mandalay Park. He
stated he would like to see the name changed to Dezmond Waters Park.
Motion: Rename Mandalay Park to Dezmond Waters Park.
Moved by Parsons, Seconded by Fletcher.
Mr. Hanson stated the park was originally named Mandalay Park through a resolution
and if they would like to rename it, he would suggest directing staff to come back with
a resolution accomplishing what he just said.
Commissioner Parsons withdrew his motion. Commissioner Fletcher withdrew his
second.
The consensus was to direct staff to prepare a resolution to rename Mandalay Park to
Waters Park, in memory of Commissioner Dezmond Waters.
D. Mutual Aid Agreement with Jacksonville, Neptune Beach and Jacksonville
Beach.
Mr. Thompson explained the Mutual Aid Agreement and stated staff is asking that the
Commission approve the renewal of the agreement.
Mr. Jensen explained there is a judge who is writing an order on a specific case and he
had some questions/concerns about a specific provision of the agreement. He does not
know what his concerns are yet and would suggest that the Commission go ahead and
approve this since it still has to make its rounds to the other cities as well. He stated if
there is something that comes out from the judge's order that we need to look at, we
can always come back and make an amendment to this agreement.
Motion: Approve Mutual Aid Agreement and authorize the City Manager and
Chief of Police to sign it.
Moved by Woods, Seconded by Fletcher.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
E. Approving use of Police Forfeiture Funds.
Lieutenant David Cameron explained staff is requesting approval of using $2,000 in
forfeiture funds for the purchase of equipment for the Crime Suppression Program. He
summarized the staff report stating they are requesting that these funds be used to
purchase cameras and video equipment for undercover usage.
Motion: Approve spending $2,000 of forfeiture funds for equipment purchases as
described.
Moved by Woods, Seconded by Fletcher.
May 23, 2011 REGULAR COMMISSION MEETING Page 13
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
F. Rehabilitation of Well No. 1 at Water Plant No. 1.
Donna Kaluzniak explained this well was built in 1953 and the yield from the well has
decreased dramatically over the past couple of years. It was recommended that they
replaced the well in 2008. She stated JEA has been rehabilitating several of their wells
and have had good success with increasing the yield and getting a lot more use from
the wells, instead of replacing them. She stated this is piggybacking on an existing
contract with JEA and we have been given a quote from their contractor based on their
unit pricing and hourly rates, etc. She stated staff is requesting approval from the
Commission to do this rehabilitation of our well.
Motion: Authorize Williams Industrial Services, LLC to complete the
Rehabilitation of Well No. I at Water Plant No. I in an amount not to exceed
$39,999.29 and authorize the City Manager to sign the contract.
Moved by Woods, Seconded by Daugherty.
Mayor Borno asked if there is an estimate of how long the project will take. Ms.
Kaluzniak stated she believes it will be about a month but will have to schedule it
through Williams. She stated this is a chemical rehabilitation.
Commissioner Woods asked how staff expects our water supply to be impacted. Ms.
Kaluzniak stated it will improve our water supply. She stated that well is designed for
about 1500 gallons /minute production and it is down to less than 700 gallons /minute.
She stated this rehabilitation will bring us back up to where we need to be on this well.
Mayor Borno asked if there are other wells that may be considered for this in the
future. Ms. Kaluzniak stated we have six large wells and two small wells and all were
noted in the master plan to be either rehabilitated or replaced as deemed necessary.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
G. Award Intracoastal Waterways Parks Master Plan RFP #11 -03.
Mr. Carper explained staff reviewed RFP responses from ten consultants then chose
the top four for oral interviews. Staff is recommending the contract be awarded to
CPH for a $25,000 master plan focused solely on Tideviews, Riverbranch and Dutton
Island Preserve with the goal to improve accessibility and use of the marshes. He
further stated they will be augmenting a lot of the study using staff time, in particular
Erika with her GIS skills and staff support from the Parks division.
Mav 23. 2011 REGULAR COMMISSION MEETING Page 14
Motion: Authorize staff to begin negotiations with the top ranked firm for
consulting services for the Intracoastal Waterways Parks Master Plan.
Moved by Woods, Seconded by Fletcher.
Commissioner Woods expressed concern regarding the scoring on the references for
CPH. Mr. Carper explained the number and quality of people they brought up for the
interview along with their presentation and level of enthusiasm were excellent and their
references were all in the very good to excellent category.
Commissioner Daugherty stated his only concern was that so many of the people came
from Orlando and asked if we want someone from Orlando planning a park here who
doesn't have the ability to go out and look at things. Mr. Carper stated four of the
seven people with CPH are from Jacksonville. He further explained the scoring.
Discussion ensued.
Commissioner Daugherty stated Applied Technology & Management (ATM) was at
the Florida League of Cities meeting and he spoke with them about their proposal. He
stated he likes having a local firm and they were number two in the scoring. He stated
his concern is that CPH went from fourth to first just based on a flashy presentation
and would like to see us talk to ATM first. Mr. Carper pointed out that ATM's park
experience is actually from a subcontractor from St. Augustine, not an in -house ATM
employee. Commissioner Woods asked about HDR. Mr. Carper stated HDR's team is
two people and both are in Jacksonville. Commissioner Daugherty stated he would
like to see ATM or HDR moved to the top of the list. Mayor Borno explained what
they are doing is authorizing staff to negotiate with top ranked firm and if that falls
apart it will go to number two, etc. Commissioner Woods stated they could amend the
motion and pick another firma Commissioner Daugherty stated he would like to make
an amended motion to move CPH to #3, and #s 2 and 3 up to 1 and 2.
Amended Motion: Move ranking to ATM to #1, HDR to #2, CPH to #3
Moved by Daugherty, Seconded by Woods
Commissioner Fletcher stated he would consider this also, but asked Mr. Carper to
defend his choices. Mr. Carper stated Commissioner Daugherty is making the
recommendation based on talking to two of the ATM reps, not any of the other teams
and not reviewing the proposal or sitting in on the interviews. Mr. Carper stated ATM
was a very strong number two. Mayor Borno stated being approached by people like
that at meetings is contradictory when we have something on the table that we have to
turn around and act on. Mr. Carper agreed stating in the RFP language they state any
contact with the Commission before evaluation is grounds for disqualification. Mr.
Hanson stated he sat in each one of the interviews, with David Thompson and Sonya
Doerr and they all had a consensus after this was completed. He stated in comparing
just ATM and CPH, ATM is a local firm but for the expertise in parks and marsh
master planning they were bringing in another firm out of St. Augustine. He stated
CPH, on the other hand had quite a number of people with different experiences. He
stated in reviewing the materials CPH brought, they showed a surprising number of
marsh - related parks projects, far more than ATM brought with the person they brought
up from St. Augustine. He stated CPH was a whole lot more impressive in terms of
what they knew, the people they brought and the expertise they had. He stated,
May 23, 2011 REGULAR COMMISSION MEETING Page 15
however, ATM is a good firm and they have worked with them before, but staff has
spent a lot of time in interviews and in ranking the firms and CPH was very impressive
by the time they were done. Mr. Thompson agreed, stating CPH seemed to be very
qualified and experienced and made a better impression than the others.
Commissioner Daugherty withdrew his amended motion, Commissioner Woods
withdrew her second.
Mayor Borno stated it bothers him to hear the event Commissioner Daugherty
described that took place at NE Florida League of Cities meeting. He reiterated that is
contrary to everything they know that should be seen or done.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
H. Tideviews Boardwalk/Dock Extension Bids.
This item was taken out of sequence and acted on earlier in the meeting.
City Manager 9. City Manager
A. City Manager's Report.
Mr. Hanson reported on a suit filed against the City, which deals with a house on 17
Street alleging the City's Building Department failed to stop a contractor from doing
work on the house without a permit, without being in compliance with applicable codes
and without doing inspections. He stated this has been turned over to the insurance
company.
Reported on an emergency sewer repair on a very deep sewer main on Selva Marina
Drive. He stated the repair cost $41,000.
Reported on the pension reform package that was adopted by the legislature, stating it
is awaiting the Governor's signature. He stated it falls far short of what was proposed
at the start of the process. He further discussed state mandates, stating the public has
no idea the number of state mandates the local governments are hit with every year that
cost the citizens a lot of money to implement.
Mayor Borno stated they will begin working on priorities for the Florida League of
Cities in the near future and at a future meeting he would like to get a consensus on the
Commission's thoughts about what they would like to see put on the table.
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Daugherty
• Gave a suggestion for the Florida League of Cities to work on related to the
requirement of picking an architect first and then negotiating the price. He
stated he believes something needs to be done at the State level regarding that.
May 23, 2011 REGULAR COMMISSION MEETING Page 16
• Although he still thinks Frisbee golf is a great idea, until he hears a demand
from the citizens saying they want a Frisbee golf course, he is no longer going
to pursue this. He stated he still believes the City is underutilizing Johansen
Park.
Commissioner Parsons
• Reported the Florida League of Cities dinner was very well attended and very
well done.
Commissioner Woods
• Casa Marina served some of the best grouper she has had in ten years.
• Reported on an accident recently where a young lady crossing East Coast Drive
on a bicycle was hit by a car and reminded everyone they are responsible for
what's happening on the road around them.
Mayor Borno
• Enjoyed his last eight days in Alaska and is glad to be back.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:52
p.m.
Mike Bomo, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
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