Draft minutes of the regular Commission Meeting of May 14, 2007MINUTES
REGULAR. CITY COMMISSION MEETING
May 14, 2007
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Donald Wolfson Commissioner Sylvia N. Simmons
Mayor Pro Tem J. Dezmond Waters III City Attorney Alan C. Jensen
Commissioner Mike Borno City Manager Jim Hanson
Commissioner Jamie Fletcher City Clerk Donna L. Bussey
Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to
the Flag followed the Invocation, given by Commissioner Borno.
Mayor Wolfson welcomed the audience and explained the process for public
comments.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
April 23, 2007,
Motion: Aparove the minutes of the Regular Commission Meetins on
Anri123, 2007, as written.
Moved by Fletcher, seconded by Borno.
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
A. Proclamation for National Public Works Week
Mayor Wolfson read the Proclamation for National Public Works Week and presented
a plaque to Director of Public Works Rick Carper.
B. Presentation of Transportation Improvement Program by Wanda Forrest of First
Coast Metropolitan Planning Organization (MPO)
City Manager Jim Hanson explained that Wanda Forrest was not present this evening.
He stated he had received feedback from some of the Commissioners stating they
would prefer to have some time to review the Transportation List prior to having a
presentation on it, so he asked the MPO to reschedule their presentation to the next
Commission meeting.
Dorothy Kerber, 365 First Street, stated she is disturbed about the Tree Ordinance,
which she believes is becoming more dictatorial as time goes on. She stated she is
concerned about citizens not being able to remove trees in front of their property, even
in the right-of--way, when the trees can fall due to hurricanes and leave them without
services. She also stated that she has gone to the Tree Board meetings on several
occasions at 7:00 p.m. only to find that they had already adjourned. She stated she
Mav 14 2007 REGULAR COMMISSION MEETING Paae 2
believes this Ordinance is unfair and the mitigation fees are highway robbery for most
people. She asked that the Commission be more concerned and appoint people who
have lived in Atlantic Beach long enough to know how the citizens have tried to protect
the trees and how much they love them but they just don't want someone telling them
what they can and cannot do on property that they pay taxes on.
Michael Hoffman, 176 Camelia Street, stated he is against spending any more money
on additional Christmas decorations. He also expressed his appreciation for putting
lighting around the basketball court in Veterans Park from the Community
Development Block Grants. He also encouraged the City to put trees along the western
border of the park because that's the azea where the sun blasts in making it almost
impossible to be out there in the late afternoon during warm weather. Thirdly, he stated
the Times Union printed a letter he wrote about the cable franchise and he stated he will
leave a copy with the City Clerk. He stated in that letter he was critical of Atlantic
Beach for not broadcasting the Commission meetings and was also critical of the cable
industry, in general, and Comcast, in particular. He believes a City Panel should be
organized to take a proactive approach to what the cable industry is doing.
Kevin McLaughlin 272 Camelia St. thanked the Commission for adding the camera at
the Tideviews Park and for challenging the residential towers (Moody project)
proposed to be built. He also asked that the Commission keep the Tideviews area in
mind when the City puts in more trees in their neighborhood, which will help beautify
the area and help with the air pollution from Atlantic Blvd. and Mayport Road. He also
expressed concern regarding the danger of crossing Mayport Road from the west side
to the beaches and asked if they could have all traffic stop when the button is pushed to
cross at the flyover intersection light.
Pat Pillmore, 995 Camelia Street, expressed her views regazding land development
and stated that perhaps Selva Marina County Club should try to recruit more members
rather than sell off the land.
Walter Bell, President of Jacksonville Beach Elementary Preservation Fund, stated
he was speaking on behalf of the supporters of the project and encouraged the
Commission to support their project. Commissioner Fletcher stated his appreciation to
all the supporters of the project and thanked them for attending.
Brenna Durden, 245 Riverside Avenue, #150, spoke as counsel to the Jacksonville
Beach Elementary Preservation Fund and presented the Mayor with pictures he did not
receive at the previous presentation and stated she is available for any questions when
the item comes up and expressed her appreciation to the Commission.
Cynthia Doctor, 1680 Jordan Street, stated she had removed three trees on her
property and was not aware at the time they were on City property. She stated at the
time she removed the trees there was no sidewalk present. Mayor Wolfson stated she
has an agenda item that will be discussed in depth and it would be more appropriate for
her to speak at that time rather than now.
No one else from the audience spoke so the Mayor closed the Courtesy of the Floor
to Visitors.
Mav 14 2007 REGULAR COMMISSION MEETING Pace 3
Unfmished Business 3. Unfinished Business from Previous Meeting
from Previous
Meeting A. City Manager's Follow-up Report.
Mr. Hanson, in response to a citizen request at the last Commission meeting, reported
the FDEP discourages the use of old Christmas trees for beach renourishment and
prefers sea oats and sand fences to rebuild the dunes. He also reported that the Florida
House and Senate have passed bills that will preempt local governments from
franchising cable TV services. He also reported he sent the Governor a message asking
that he veto the bill.
Mayor Wolfson introduced Carolyn Woods, Community Development Board member
and Lyman Fletcher, former Mayor.
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 Monthly Utility Sales, Public Works and Utility
Departments Report, Report of New Local Business Tax Receipts for April
2007, and Public Safety Quarterly Report ending March 2007.
B. Award bid to Gruhn May, Inc. for $26,272.00 for Construction of Concrete
Storage Bin for Public Works Yard -Bid 0607-09.
C. Authorize the Mayor to sign the Application for Revenue Sharing 2007-2008.
Commissioner Waters asked that Item 4B be pulled.
Motion: Approve Consent Agenda Items A and C as read.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Commissioner Waters asked Director of Public Works Rick Carper why there is a need
for new concrete storage bins. Mr. Carper explained the bins will make the job of
segregating the construction materials in the yard easier and presented a picture of the
storage bins currently in use in Neptune Beach Public Works yard. He stated the bin he
is requesting to be built is three bays and they won't lose as much material washing into
the grass. Currently, the material is stored on the grass by the pond. He explained the
limerock is used for filling in along the edge of roads and crushed Crete is used when
they do excavation for piping.
Mav 14 2007 REGULAR COMMISSION MEETING Page 4
Committee Reports
Commissioner Fletcher asked what he considers Gruhn May's service level. Mr.
Carper stated they aze very responsive about fixing problems and have been very good
during the three years he has been here. Commissioner Fletcher asked if he had any
idea why they are the lowest bidder on many projects. Mr. Carper stated they are used
to working with the City.
Motion: Apurove Consent Agenda Item B as read.
Moved by Waters, seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
5. Committee Reports
A. Lyman Fletcher, Chairman of the District Representation Study Committee to
make report on progress.
Mayor Wolfson expressed his appreciation to the Committee for their hard work and
time spent on this committee. Lyman Fletcher summarized the progress of the District
Representation Study Committee to date. Commissioner Fletcher thanked Mr. Fletcher
and his committee for their hard work. Mayor Wolfson asked Mr. Fletcher if he
believes the time line given to the Committee to come to a recommendation will be
able to be met. Mr. Fletcher stated he believes they will be able to give a
recommendation by the deadline given.
Action on Resolutions 6. Action on Resolutions
None
Action on Ordinances 7. Action on Ordinances
A. Ordinance 20-07-85, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007
Motion: Auprove Ordinance No. 20-07-85 as written
Moved by Fletcher, seconded by Borno
Commissioner Borno asked that the Mayor read the funding adjustments. Mayor
Wolfson read the funding adjustment as noted below:
The City Charter of the City of Atlantic Beach requires that the City Commission approve
all budgetary increases and transfers at the fund level. The following adjustments are for
items previously brought to the City Commission's attention, however they were held until
now so that they may be addressed in a single budget ordinance. The funding adjustments
aze listed below:
May 14.2007 REGULAR COMMISSION MEETING Page 5
1. The City of Atlantic Beach entered into aninter-local agreement with the City
of Jacksonville on May 2006. This agreement was not funded during the FY07 budget
process and the work has now been complete. The agreement was for funding up to
$48,000 to provide a handicap accessible dune walkover at third street. The actual cost
was only $19,642.
2. The City of Atlantic Beach sustained damage to a canoe launch as a result of a fire
at Tideviews Park. The cost to repair was only $4,200 and was below the deductible
amount for an insurance claim.
3. The City of Atlantic Beach has agreed to fund the remodeling of a
historical school house originally budgeted at $5,000. This amendment will raise
that funding amount to $25,000.
4. The City benefits from a number of small grants. The final amounts of the
grants were not known until after the budget process was complete. This ordinance
will address minor adjustments to those grant funds so that the programs will be
properly funded.
The total net impact on the budget for this ordinance is $43,842.
Mayor Wolfson stated he wants clarification in Item 3 that this amendment will raise
that funding amount to $25,000 for the current year, instead of a five-year payout. He
stated the way it is written looks like it is being raised to $25,000 a year rather than
$25,000 total. Mr. Hanson stated the intent of their request is that instead of giving
them $5,000/year over five years, they want cone-time allocation of $25,000.
Commissioner Waters explained that as far as the budget is considered there is a $5,000
in the budget this year and it is going to $25,000 this year, but the Commission knows
that the commitment was over five years, but from Finance Director Nelson VanLiere's
point of view that is exactly what has happened, but it is a one-time thing now. Mr.
Hanson suggested adding to the end of the second sentence ...raise that funding
amount to $25,000 "for this year only." Commissioner Borno stated the way it reads is
a $25,000 amendment for this and we don't budget anything else for the future, so it's a
dead issue. It is provided this year and doesn't go on beyond.
Motion: Amend funding adjustment Item 3 and the fifth "Whereas" of Ordinance
No. 20-07-85 to read "the City of Atlantic Beach has agreed to fund the
remodeling, of a historical school house originally budgeted at $5.000 over a five
year period of time. This amendment will fund the entire $25,000 for the current
year, instead of the five-year payout."
Moved by Simmons, seconded by Wolfson
Votes:
Aye: S -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mav 14.2007 REGULAR COMMISSION MEETING Page 6
Motion: Approve Ordinance No. 20-07-85, as amended, to amend the operating
budget for the City of Atlantic Beach, Florida for fiscal year beginning October 1,
2006 and ending September 30, 2007.
Moved by Fletcher, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business A. Appeal by Cynthia Doctor (1680 Jordan Street) regarding mitigation fmdings of
the Tree Conservation Board.
Cynthia Doctor (Brock), 1680 Jordan Street, stated she did not know the trees she had
cut down were on city right-of--way and explained she had them cut for safety reasons.
Mr. Carper presented a slide of the property showing where the trees were cut down
and explained the developments leading up to the decision by the Tree Board.
Commissioner Fletcher asked if this punishment was waived or exempted, would that
set precedent for other penalties, or is it case by case? Mr. Jensen stated that the appeal
to the mitigation has already been accessed and appeals can be looked at on a case-by-
case basis, considering history of how and why it happened and what has been done by
the person appealing. He stated the Tree Boazd followed the City Code in assessing the
mitigation requirements and the Commission can consider in factors they think aze
relevant to determine the appeal.
Commissioner Borno stated ignorance of the law is no excuse but he also looked at the
circumstances and believes Mrs. Brock was set up from some degree by the tree cutter
coming down the street with the bicycle. He cautioned that if it sounds too good to be
true for $175, it wasn't true and cautioned her to use this as fair warning in the future.
Commissioner Borno recommended to the Commission that they consider allowing
Mrs. Brock, over aneighteen-month period of time, to continue to get larger trees
planted.
Commissioner Simmons stated she does not like the either/or situation, that Mrs. Brock
get fined or we write it off. She believes this is a bad precedent, having people cut
down today and appeal tomorrow. She believes the point of a tree ordinance is to
maintain tree canopy, especially in the right of ways where it shades sidewalks and
roads. Commissioner Simmons stated she would like to see the Tree Board work with
her to assure the proper trees are planted.
Maureen Shaughnessy, 361 Main St., Chairperson of the Tree Board, stated at the time
this event occurred, the Ordinance stated an oak must be replaced by an oak of at least
4" diameter. Commissioner Fletcher asked Ms. Shaughnessy what a 4" diameter oak
tree costs. Ms. Shaughnessy stated the average is $117/inch, which would be
approximately $500.
Mav 14 2007 REGULAR COMMISSION MEETING PaEe 7
Commissioner Simmons stated she would like to see oak canopy back along that street
and it is not going to be by adding 1" saplings and fining Mrs. Brock is not going to get
the tree canopy and will be expensive. She suggested the Commission find some
intermediate so some good size trees are replaced to get a tree canopy and perhaps
reduce the amount of the fine.
Mayor Wolfson questioned Mrs. Brock if her home was built as a Habitat for Humanity
home. Mrs. Brock stated it was. Mayor Wolfson stated Habitat for Humanity should
communicate the Tree Ordinance requirements in the future. He believes the consensus
of the Commission is to find a compromise, not to penalize the person who has made
an honest mistake. Mayor Wolfson proposed replacing the four trees of 4" diameter
over an 18-month period and staff will work with her.
Commissioner Waters stated he is broken hearted that so many oaks were cut down and
the faster something is replanted the canopy is on its way to being put back along that
sidewalk. He stated he could eliminate the tree that is so close to the road but the other
two are magnificent trees and if they could get four trees in the City's right of way
along the interior of the sidewalk that would be fine with him. He stated he does not
need to see the full extent of the law exercised in this case but the trees need to be
replaced with some girth to them. Mayor Wolfson stated the trees also need to be
maintained. Commissioner Fletcher agreed to the four 4" replacement trees. Mr.
Hanson stated since this will be the Commission's compromise, if she does not plant
the trees the mitigation would apply and if not paid would need to be assessed against
the house. Mr. Hanson questioned if the mitigation assessment would be the original
fine or a mitigation that was reduced to the 16". Commissioner Waters stated if Mrs.
Brock doesn't mitigate with the trees she can pay the full fine. Mayor Wolfson
explained to Mrs. Brock that she had come before the Tree Board requesting approval
to remove those trees and if she was allowed to do so, according to staff she would
have had to replace a certain amount of trees in the community or pay for their
replacement by mitigation, which would have equaled $2,691. He explained to Mrs.
Brock that what they are trying to come up with is a compromise that will be enforced
by the City to the extent that she will be given time to replace these trees and maintain
them, but if not then consensus of the Commission is they would go back to the original
fine. Mayor Wolfson stated staff would help her with placement of the trees so they
don't interfere with her overhead power and cable lines.
Motion• Direct Cynthia Doctor Brock to plant, with assistance from Tree Board,
four (4) five oak trees with a minimum 4" diameter to replace trees removed. Mrs.
Brock will maintain trees for a period of not less than one year and if a tree dies
she will replace it If not complete over an 18-month period, original fine will be
reinstated within 90 days of finding.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mav 14 2007 REGULAR COMMISSION MEETING Pace 8
(Commissioner Simmons left the meeting at 8:56 p.m.)
B. Discussion of change in Land Use Designation from Medium Density to Low
Density for a portion of Old Atlantic Beach.
Sonya Doerr, Community Development Director, presented slides on the
Comprehensive Plan and Zoning Maps explaining the density of each area.
(Commissioner Simmons returned to the meeting at 9:01 p.m.) Ms. Doerr explained
that Commissioner Waters had requested changing the RM, Residential Medium
Density, area on the Comp Plan Map to RL, Residential Low Density, except for the
area that is zoned RG-2 on the Zoning Map. Commissioner Waters explained that the
Comp Plan map and the Zoning Map differ because the Comprehensive Plan can end
up being more liberal in some ways, which is the problem. Mayor Wolfson stated the
azea zoned RG-2 on the Zoning Map should be drawn out on the Comp Plan map so it
stays medium density in that azea. After further discussion, the Commission requested
Ms Doerr come back with the proposed Comp Plan Map reflecting the changes
proposed, so the Commission can then move it forward to go before the CD Board.
C. Distribution of proposed revisions to Section 24-156, Exceptions to Height
Limitations and Section 24-161, Off-Street Parking and Loading as set forth
within Chapter 24 of the Land Development Regulations.
Ms. Doerr explained the CD Board recommended approval at their Mazch 21St meeting.
She stated the changes make the language in Section 24-156, Exceptions to Height
Limitations consistent with the Charter. In Section 24-161, Off-Street Parking and
Loading has not been addressed for many yeazs and needs to be updated.
Commissioner Waters objected to some of the strikeouts. Mayor Wolfson stated he
should meet with and explain to staffhis objections. Commissioner Simmons
suggested bringing this item to a workshop. It was decided that this issue, along with
discussion on the Police building, will be on the agenda for the next scheduled
workshop on Tuesday, June 12, at 6:00 pm. Mayor Wolfson stated the
Recommendation will be for "discussion at the workshop on June 12, 2007" rather than
"schedule for first reading at May 21St meeting."
D. Approve projects for Fiscal Year 2007-200$ Community Development Block
Grant (CDBG) application.
Mr. Hanson explained that each yeaz the City must submit our list of projects to the
City of Jacksonville and we receive Block Grant funds per our Interlocal agreements.
He stated staff met to discuss the various projects, which must be targeted to low and
moderate income areas, and they recommended the following projects outlined in Ms.
Doerr staff report as follows: (a) Sidewalks on George Street, Edgaz to Dutton Island
Rd.; Ardella Road, Mayport Road to Richardson Lane; (b) Shelter at the Donner
Center; and (c) Lighting for basketball court at Veteran's Park.
Motion: Approve staff recommendations for Community Development Block
Grant funds and authorize City Manager to submit request to City of Jacksonville
and. sign documents necessary to execute the contract.
Mav 14, 2007 REGULAR COMMISSION MEETING Page 9
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
E. Commission Request to Add Additional Christmas Decorations to Mayport
Road.
Mr. Carper summarized his staff report and recommendation options for the
decorations as follows:
O tp ion 1: No change to existing decorations;
Option 2: Install wiring and decorations to fill gaps noted on Mayport Rd. near Plaza.
Dr. -cost $5,000.
tion 3: Install wiring and decorations for two decorations per block for Mayport Rd.
-cost $12,700.
O ty ion 4: Install wiring and decorations on every other pole along Atlantic Blvd.
between the Flyover and ICWW Bridge -cost $10,000.
Motion: Approve Option 2 -Install wiring and decorations to fill naps noted on
Mayport Rd. near Plaza Dr. -cost $5.004 and direct Staff to add to future budget
amendment.
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson reported on property tax reform and budget reductions necessary if the tax
reform is approved, reported the workshop scheduled for May 15 has been cancelled,
reported the Annual Board Reception will be held on September 6, 2007, and noted
National Hurricane Awazeness week is May 20-26, 2007. Mayor Wolfson stated,
regazding the property tax reform and budget prepazation, the City is looking at
anywhere from $500,000 to $1,500,000 reduction in our budget. Mayor Wolfson stated
there are certain items that cannot be reduced which leaves a portion of the annual
budget the Commission is looking at for possible reduction, such as the holiday lights,
cost for the Boazd Reception, etc. Mayor Wolfson stated the Commission will start
looking across the board for any areas that can be cut back to hit that targeted amount
of money. He cautioned that whatever the City does in the future needs to be sensitive
to what we are looking at as faz as a lesser amount of revenue coming to the City from
property taxes. Commissioner Borno stated that, although the Commission understands
Mav 14.2007 REGULAR COMMISSION MEETING Paee 10
the ramifications of the reductions, he believes what is really sad is the citizens think
they are getting a tax break. He stated it is almost like "peeing your pants," it is warm
for a few minutes, then reality sets in and you find out what happens. Commissioner
Fletcher asked if there is anything that can be done as a Commission to stop this.
Mayor Wolfson believes the only venue the City has is through the Florida League of
Cities. He stated the Beaches concern is a lot different than the City of Jacksonville.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Borno
• Reported he will be starting neighborhood chats one night a month in the
Chamber, dates and times to be determined.
Commissioner Simmons
• Reported on sign pollution and presented pictures to the Commission.
• Listed items she would like to have Workshops on, such as Ordinance on
Parking and Height, Design Workbook, District Representation Committee
findings, sidewalk displays.
• Requested draft minutes of Board and Committee meetings be sent to
commissioners at same time they are sent to board or committee members.
• Asked if a curb is planned at the intersection of Ocean and Seminole.
Commissioner Fletcher
Stated neighborhood chats take a tremendous amount of staff time. Mayor
Wolfson stated the turnout was extremely low the last time they had the
neighborhood chats and believes the use of staff for these is not cost effective.
Commissioner Borno stated he does not believe we need staff involvement; he
has the forms for the citizens to fill out. He stated he just wants citizens to
come in to see him with their concern and then the Commission can investigate
it. Mayor Wolfson questioned if this falls under Sunshine Laws. Mr. Jensen
stated you can do this if there is only one Commissioner present.
Commissioner Borno agreed. Commissioner Simmons questioned why only
one Commissioner can be present if these chats are announced as a public
meeting. Mr. Jensen stated then you would have to have staff because you
would need to have minutes taken. Commissioner Borno stated that was why
he wanted to keep it simple and if anyone wants to join him, he will bow out so
they can sit there. Commissioner Fletcher stated he liked the way it was done
in the past. Commissioner Waters stated Commissioner Borno is free to do this
and it has been done before. He stated the turnout has always been very poor,
but every once in a while you get someone who has been neglected and you
will solve a problem. He stated it isn't going to affect the Commission in any
way, other than if Commissioner Borno needs money for it, he will need to
present it to the Commission, which he can do, staff doesn't have to do that.
Commissioner Waters also stated he believes the Commission is entitled to a
certain amount of converse with citizens and it bothers him that there is not a
room in the building for Commissioners to meet with citizens. He stated this is
an opportunity for citizens to come in and talk with Commissioner Borno
because he is willing to do it. Mayor Wolfson stated he would not oppose
Mav 14 2007 REGULAR COMMISSION MEETING Page 11
something like that. It is the prerogative of any Commissioner to do that and
expressed to Commissioner Borno that this is a nice gesture.
Commissioner Waters
• Stated to Mr. Carper, Saturiba is dangerous and needs to be put at the head of
the list. He stated it is an abomination to call that a road in Atlantic Beach.
• Expressed appreciation for the commissioners signing up for the NEFLC dinner
meeting Thursday night.
• Stated Town Center Agency asked that the Commission discuss with Neptune
Beach the overlay district and it has been delayed. He stated he believes
Atlantic Beach needs to deal with the overlay because things constantly come
up that deal with how do you want to run that show. He stated Town Center
exists because of volunteers in this town and the agency cannot be simply wiped
away.
• Stated on Page 5 of the Minutes the question has come up about rebuilding in
the old core city if you are hit by a fire, flood, hurricane, etc. Stated he thought
this was done for the entire city and believes that is not fair. Mr. Hanson stated
the Community Development Board has recently looked at that question and a
recommendation from the Board will be on the agenda at the next Commission
meeting.
• Stated the Annual Board Member reception is for volunteers and should be sent
to all people who have served in a volunteer basis over the years and asked the
Commission if they would like to see an expansion of the invitations, which
would also mean an expansion of cost in a year that we may have to tighten the
strings. He believes to say thank you once a year to all the volunteers is the
proper thing to do for those people and sees no reason not to do it. Mayor
Wolfson asked Mr. Hanson to book the Sea Turtle for that evening, even though
it may be subject to change.
• Dick Brown sent him a letter, as President of the League, asking the Northeast
Florida League of Cities to investigate TMDLs and their impact on small cities,
which he has forwazded to the Executive Director. He asked if Atlantic Beach
is interested in that discussion.
Mayor Wolfson
• Asked Mr. Hanson the status of the Interlocal agreement between Neptune
Beach and Atlantic Beach regarding Town Center. Mr. Hanson stated he has to
incorporate the Mayor's input on the list and give that list of things to the City
Manager of Neptune Beach.
A. Proposed rezoning of Moody property.
Reported on letters he sent to the editors of The Beaches Leader and Shorelines
regarding the Moody project and the impact it will have on Atlantic Beach.
Expressed his concerns regarding the impact this project will have on the
beaches and stated he would like to send a formal request on behalf of the
Commission to request Mayor Peyton to veto the project. Commissioner
Fletcher thanked all who went to the Jacksonville City Council meeting for the
Moody project issue and stated this is a matter of public safety. He stated he
Mav 14.2007 REGULAR COMMISSION MEETING Pace 12
would support a strongly worded letter to Mayor Peyton about public safety
and his option to veto this project. He stated also, in approximately 40 days,
the Department of Community Affairs will file a letter of intent and if
approved, we can file a challenge to that letter of intent asking for an
administrative hearing to reach a settlement agreement. Mayor Wolfson asked
staff for copies of the Notice of Intent, once received, so they can be timely in
their response. Ms. Doerr stated affected persons can challenge an amendment
and the definition of affected persons includes adjoining local governments that
can demonstrate the plan or plan amendment will produce substantial impact on
the increased needs of publicly funded infrastructure and substantial impact on
areas designated for special treatment. Commissioner Fletcher stated the
second approach they could take is to lobby the DCA members formally. Ms.
Doerr explained the DCA is a cabinet level department of the State government
that has a secretary. Commissioner Fletcher stated he has seen a list of
members of DCA. Ms. Doerr explained that list is staff members but the
administrative commission is appointed by the Governor. Commissioner
Fletcher asked who makes the decisions. Ms. Doerr stated the Department will
make a compliance part of the process and they will publish a notice of intent
to either find the amendment in compliance or not in compliance. Once the
notice is issued, affected persons have compliance area to challenge. She
stated we have to have evidence to support our challenge. Commissioner
Fletcher stated, for evidence, he is going to tell DCA members what they told
him, he is going to site to them their own findings. He stated he is directing
staff to provide him a list of staff names and email addresses and phone
numbers of whoever makes this decision to uphold or deny this amendment.
Mr. Hanson stated he has already asked Ms. Doerr to prepare a report on what
it will take to appeal this. He suggested she work with City Attorney Alan
Jensen to get this report out. Commissioner Fletcher stated that was not what
he was asking, he is directing staff through Mayor Wolfson to provide him with
those names. Ms. Doerr stated she can give him the Cabinet Secretary.
Commissioner Fletcher stated he will find a way to lobby. Commissioner
Fletcher also stated he is in strong favor of hiring counsel to look at the
following issues that are both reactive and preventive: (1) jurisdictional rights
we have as a neighboring community, (2) rights under the Interlocal
Agreement, (3) due process, and (4} what rights we have regarding the nearby
City of Jacksonville lands that abut our City. He stated we may need a land
development specialist because Mr. Hardin knows what he is doing, both
legally and politically. Commissioner Fletcher agreed with Mayor Wolfson
that we have a serious, serious problem, both in terms of the Moody project and
potential development all around this City. Mayor Wolfson agreed time is of
the essence and since the City Manager has already asked staff to give the
Commission a report to show the timelines and response windows, we need to
make sure we can follow every single step so we don't lose in this process on a
technicality. Commissioner Fletcher asked that the report include the deadline
of when COJ will receive DCA's letter of intent. Mayor Wolfson stated that it
is also important to get from the City of Jacksonville when the Mayor signs, so
we know when the 45 days starts. He stated Mayor Peyton has a 30-day
window, so Mayor Wolfson is hoping to speak with Mayor Peyton tomorrow
and to send a letter to him regarding our formal request to take an action to
Mav 14, 2087 REGULAR COMMISSION MEETING Page 13
veto. He assumes Mayor Peyton will not veto because he will be going by his
staff's direction and once he signs it we need to be informed of the date of
execution by the Mayor because that starts the 45-day window. Commissioner
Borno stated in an article, Paul Hazdin was quoted as saying that of the 300'
cranes, this is a lesser evil, he has no idea what he is talking about because
there are no 300' cranes on this site. Mayor Wolfson agreed there are no 300'
cranes on this site and stated Mr. Hazdin has selective memory and uses
uncertainties to influence a commission that accepts what he says as fact, when
in fact it is not. He stated those cranes are certainly no more than 140' maybe.
Commissioner Borno stated they are standard 100' cranes. Mayor Wolfson
stated every Councilman at the meeting was willing to tell us there were 300'
cranes in order to justify their vote.
Adjournment There being no further discussion, the Mayor declazed the meeting adjourned at 10:40
pm.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey, CMC
City Clerk