Draft minutes of 12-11-06
Attendance
Call to Order!Pledge
Approval of Minutes
Courtesy of the Floor
MINUTES
REGULAR CITY COMMISSION MEETING
December 11, 2006
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Donald Wolfson
Mayor Pro Tern J. Dezmond Waters III
Commissioner Mike Borno
Commissioner Jamie Fletcher
Commissioner Sylvia N. Simmons
City Manager Jim Hanson
City Clerk Donna L. Bussey
City Attorney Alan C. Jensen
MayorWoU'son called the meeting to order at 15 p.m. The Pledge of Allegiance to
the Flag followed the Invocation, given by Commissioner Waters.
Mayor Wolfson mentioned that Commissioner Waters is starting his new term as
President of Northeast League of Citi,es and congratulated him on his appointment
Mayor Wolfson welcomed the audience and former Mayor John Meserve and explained
the process for public comments.
L
Approval of the minul,es of the Regular Commission Meeting on
November 27, 2006...
Mayor Wolfson explained he had pointed out a couple of minor typographical elTors to
City Clerk Donna Bussey, but none were content changes.
Motion: Approv,e the minutes of the Ilegular Commission. Meeting on
November 27,2006 with minor tVPo2raphical cham~es.
Moved by Fletcher, seconded by Borno.
Votes:
Aye: 5 ~ Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
2.
Courtesy of the Floor to Visitors.
The Mayor opened the floor to visitors and explained the process for publi.c comments.
John Goodling, 149 10tl1 Street, presented a video on l(ih St beaehaccess showing the
improvements from what it looked like three years ago to what it looks like now and
said the project is now completed through a great deal of effort by the community. He
also stated that this project could not have been done without the help of Timmy
Johnson and AlexFlawkins. He mentioned they are stiB seUing pavers, whkh helped
fund this effom1. Mayor Wolfson express.ed his appreciation to Mr. Goodling and aU the
hard work he and the communily have done.
Uecember 11,2006
REGULAR COMMISSION MEETING
Paee 2
Sally CI.emens, 1638 Park Terrace West,. stated that the Tree Ordinance seems to be
forthright but said this type of governing should never impact the private rights of our
citizens. Secondly, she thanked the City for the formulation of the resolution to support
appropriate land use changes and PUD restrictions consilstent with our comprehensive
plan zoning. In addition, she believes public access to federal waterways should be
addressed bee3use our citizens are losing entry avenues for recreational vehicles. She
also asked if Atlantic Beach c;m influence the type of crosswalks used on Mayport Rd.
She suggested Don Burton, Director of Walkable Communities, which was established
Florida in 1996, might give Atlantic Beach some insight on how to improve the
crossing on Mayport Road.
Alan Dickinson, 625 Summer Place, representing Tree Steak House, asked for
support of Freebird's Use-by-Exception case.
Stephen Kuti, 1132 Linkside, spoke in opposition of Freebird Live corning into
Atlantic Beach based on traffic concerns and parking.
Steve Fouraker, 3876111 Street, as a representative of the Beaches Leader, gave an
update regarding news racks in Atl.antic Beach.. Along with representatives from the
publications such as the Times Union, USA Today, and Folio, he believes they can deal
with any news rack problem as a group and wUI come up with a cooperation
arrangement the first of next year that will allow them to build modular racks or
something to that effect that has a more pleasant look to it He said they wUI work with
City Manager Hanson on this. Mayor Wolfson asked if he was getting a cooperative
spirit from the City and Mr. Fouraker agreed that he was.
Michael Hoffmann,. 176 Camelia Street, ,expressed his concern regarding the fl.yover
project. He believes the flyover makes Mayport Rd and his neighborhood less safe. He
stated that in 2002, when his neighborhood association was functioning, three things
were requested to improve the neighborhood and deal with the negative effects of the
flyover. Fhst, they wanted Begonia Street dosed off to the view (presently only half is
closed off). Secondly, asked to have the City lots along West 1st Street
incorporated into Tideview Preserve. Finally, they requested that some effort be made
to improve the sound barrier at the area along Atlantic Blvd. He asked the City
M:mager to write a letter to the urban forester with the City of JacksonviHe to see what
could be done to make that a better buffer against noise. Ml.lyor Wolfson pointed out
that another concern Mr. Hoffmann spoke of at the last commission meeting was his
request regarding the sidewalks, which was addressed and is moving toward resolution
within two weeks. Mayor Wolfson stated that he was also opposed to the design of the
flyover but that was what was passed and what we have now. Mayor Wolfson asked
Mr. Hoffmann who is representing, since there is no longer a neighborhood
association. Mr. Hoffmann stated that the requests he has made were from his old
neighborhood association, which collapsed due to the negative responses they received
from City Hall. Mayor Wolfson agreed to discuss Mr. Hoffmann's other concerns with
him personaUy.
Valerie Britt,. 378 Tilefish Court, spoke conc.erning the Intracoastal Waterway and the
proposed land use amendment She wanted to caution, as things go forward, that a lot
of that area is currently an agricultural marsh. She also pointed out that before
inished Business
0. Previous
~tjng
a
use
transmittal is
use
Pat PilImOl'e, 995 CameUa Street,.
and was told by
at
decisions are
3.
Unfinished Business from Previous Meeting
Cit.y Manager's Follow-up Report
a memo dated
that the City of
by
and
until
of
He
whether we want to
December lJ, 2006
REGULAR COMMISSION MEETING
Pal!C 4
Mr. Hanson stated that the developer has not specified what they are going to do there.
He explained this is a general camp plan amendment for a whole area and the details
will be provided in the PUD application later. He further explained they have not
recei ved enough details to see if it is something appropriate or not, but it will be
coming and there will be time to submit comments to the City of Jacksonville.
Community Development Director Sonya Doerr expIained that it is the comp plan
amendment that is in the initial prooess now and if Jacksonville votes to transmit that to
the state tomorrow,. we have review rights by statute, so a copy of the transmittal
package has been requested for that applicaHon. She stat,ed there are 120 days to
review and get comments to the Department of Community Affairs and those
comments win become part of the report that wi.ll come back with issues to be
addressed.
Commissioner Waters questioned when will the zoning of the agricultural. land change.
Ms. Doerr responded it has to be filed within transmittals, which will be done by the
Jacksonville City Council tom0l1"OW and the PUD zoning application has to be filed
60 days.
Mayor Wolfson explained there is a process the City of Jacksonvine goes through and
we will be duly notified when plans are submitted. He mentioned that the drawings we
have seen are very preliminary and stated this is really early in the process.
Commissioner Fletcher asked if the comprehensive plan amendment win suggest a land
us,e change transmitted to DCA and asked what the process is to comment on that
Mayor Wolfson stated it should start as an agenda item and then, if needed, can be
moved to a workshop.
Mr. Hanson presented on the overhead, the final concept for the median landscaping for
MaypOlt Road.
Public Works Director Rick Carper explained the crepe myrtles were repositioned in
the median because the palm trees would allow increased room for the use of the
median as a maintenance pad or as a walkover pad.. The 5-8 foot crown of the crepe
myrtles would be impacted by whatever was using the maintenance pad, so palm trees
were chosen to be moved into the concmte pad and put the crepe myrtles on either side,
spaced on 80 ft centers alternating with palm trees. :He further explained the
landscaped islands wiH have M,edjool palms on the north and south ends and where
spacing cans for pa.lm trees in the middle there will be Sabal palms.
Mayor Wolfson asked if there will be a w~itering system in each island. Mr. Carper
responded there will be irrigation for the entire island and the intent now is for lighting
to be only on the Medjool palms on either end.
Mr. Hanson stated that 100% plans were submitted on FIiday and will go through the
final approval process and then through Jacksonville's approval and bidding. He
expects construction to stmt in 2007.
Consent Agenda
Decemb,em'l1,2006
U:1j:GULAR COMMISSION MEETING
Pae:e 5
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDRED
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,
TEAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
WILL BE CONSIDERED SEP ARA TEL Y. SlJPPORTING DOCIJ1\l1ENT ATION
AND 51' AFF RECOMMENDATIONS HAVE BlmN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of Monthly Public Safety Report for October 2006,
Publ.i.c Works and Utility Department Reports for November 2006, and
New Occupational Licenses issued in November 2006.
B. Extend tbe contract for one year with Custom Tree Services for Hurricane
Debris Removal at the current prices.
C. Award Bid for the }l'Y 2007 Resurfacing Project (Bid No. 0607~02) to
APA C~Southeast.
D. Authorize tlte Mayor to sign the 2006/2007 JAG grant application and
related paperwork, and for the Mayor to sign subsequent paperwork
associated with this grant to fund an emergency notification system.
Mayor Wolfson asked if there were any items anyone wanted to pull from the Consent
Agenda.
Commissioner Waters distr.ibuted photos of news rack samples to the Commission
and Steve Fouraker. He explained this is what Winter Park does and it is a very
attmctive, professional arrangement Commissioner Waters noted Mr. Hanson had
pointed out that with a rnore gable roof people could not put things on top of it
Mayor Wolfson said he wanted to pull 4A and Commissioner Fletcher asked to pu1l4B.
Mayor Wolfson then read the Consent Agenda fOf items 4C and 40..
Motion: Approve Consent Agenda Items 4C an.d 4D as read..
Moved by Borno, seconded by Simmons.
Votes:
Aye: 5 - BorDO, Fletcher,. Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mayor Wolfson read Consent Agenda 4A and explained that he asked to pull this
because he wanted Chief Thompson to explain why there was approximately a 23.7%
increase over 2005 of repOlted crimes in our community.
Chief Thompson explained that 2005 was unusually low but if you take the numbers
from this year and compare to the previous two or thr,ee years you find that this year is
fairly consistent. He stated that most of the increase this year shows up as lafcenies and
explained the definition of a larceny,. which includes car burglaries. He explained there
have been a number of car burglaries over the last several months but also a number of
December 11. 2006
REGULAR COMMISSION MEETING
Page 6
individuals have been caught breaking into cars during this time, which runs the crime
stats and larceny numbers way up. He stated that burglary was exceptionally low last
year, but this year it is back to more nmmallevels.. He explained as more criminals are
arrested and put in jail, these stats get I. ower and retum to better levels.
Mayor Wolfson asked for explanation OIl the next item pulled, 4B.
Commissioner Fletcher asked Mr. Carper what the contractual extent of the services
from Custom Tree Services are if we were hit by a bad hurricane. Mr. Carper
explained that this company would give us every piece of equipment they have, as the
City is this company's only hurricane debris contract. Commissioner Fletcher then
asked what their response time would be to get trees off of roads. Mr. Carper replied
when we return to the ,evacuation site, he will be with us. He also explained although
we have not used this company before, they have worked with the City of Jacksonville
and received very good references from them.
Mayor Wolfson then read the Consent Agenda for items 4A and 4B.
Motion: Approve Consent Aeenda Items 4A and 48 as read.
Moved by Simmons, s,econded by Borno.
Votes:
Aye: 5. IJorno, Fletcher, Simmons,. Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Rellorts
5. Committee Reports
None
Action on Resolutions 6. Action on Resolutions
A. Resolution 06~17
A RESOLUTION OF THE CfI'Y OF ATLANTIC BEACH AUTHORIZING THE
MA YOR TO SIGN DOCUMENTS GRANTING PERPETUAL EASEMENTS TO
THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF
CONSTRUCTING AND MAINTAINING TRAF'HC SIGNALS ALONG MA YPORT
ROAD, AND PROVIDING AN EFFECTIVE DATE
Mayor Wolfson read Resolution 06-17 by title only.
.Motion: Approve Resolution 06-17 as read..
Moved byW aters., seconded by Fletcher.
Votes:
Aye: 5~ BorDO, Fletcher, Simmons, Waters, WoU'son
Nay: 0
MOTION CARRl1l2D
December ll.. 2006
REGULAR COMMISSION MEETING
Paee 7
B. Resolution 06-18
A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF
ATLANTIC BEACH, FLORIDA OF ITS V ARIABL.E RATE DEMAND HEALTH
CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES
2006, IN AN AGGREGATE PRINCIPAL AMOUNT NaT TO EXCEED
$20,000,000, AND FOR A LaAN BY THE CITY TO NAVAL CONTINUING CARE
RETIREI\.1ENT FOUNDATION, INC., A FLORIDA NOT-FOR-PROFIT
CORPORATION, IN A PRINCIPAL AMOUNT EQUAL TO. THE AGGREGATE
PRINCIP AL AMOUNT OF SAID SERIES 2006 BONDS, FOR THE PURPOSES OF
(A) FINANCING ALL OR ANY PART OF THE COST OF THE ACQUISITION,
CONSTRUCTION AND INSTALLATION OF CERTAIN CAPITAL
IMPROVEMENTS TO THE CONTINUING CARE RETIREMENT FACILITY
KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION AND
(B) I' A YING A PORTION OF THE COSTS OF ISSUING THE SERIES 2006
BONDS; PROVIDING FOR CREDIT ENHANCEI\.1ENT; PRaVIDING FaR THE
RIGHTS OF THE HOLDERS OF THE SERIES 2006 BONDS AND FOR THE
P A YI\.1ENT THEREOF; AUTHaRIZING THE EXECUTION AND DELIVERY aF
A TRUST INDENTURE AND LOAN AGREEI\.1ENT; AUTHORIZING A
NEGOTIATED SALE OF THE SERIES 2006 BONDS, AND APPROVING THE
CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE
EXECUTION AND DELIVERY OF A BOND PURCHASE AGREE1v1ENT WITH
RESPECT TO THE SERIES 2006 BONDS; AUTHORIZING AN OFFICIAL
STATEMENT WITH RESPECT TO. THE SERIES 2006 BONDS; AUTHORIZING
THE EXECUTION AND DELIVERY OF THE SERIES 2006 BONDS AND OTHER
RELATED INSTRUMENTS AND CERTIFICATES; MAKING CERTAIN aTHER
COVENANTS AND AGREE1v1ENTS IN CONNECTION WITH THE ISSUANCE OF
THE SERIES 2006 BONDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Wolfson read Resolution 06-18 by title only.
MoHon: Approve Resolution 06-18 as read.
Moved by Waters, seconded by Borno.
Mayor Wolfson explained to the public that this is a procedure that does not bind the
City in any way, enabling a municipality where a healthcare facility is located to
receive the most competitive financing available to that particular facility. It is a
normal procedure, done regularly by the City of J acksonvitle, whenever healthcare
facilities are se.eking to expand their facilities.
Mr. Hanson expressed that this has been reviewed by the City Attorney, Alan Jensen,
Finance Director Nelson VanLiere, and Attorney John McWilliams, who deals with the
re-issuance of bonds on our side, and it is believed that~hese documents protect the
City very well and there is no reason the City Commission cannot give its consideration
to the issuance of the bonds and the financing of the project.
.f)eceJlllber n. 2()()6
REGULAR COMMISSION MEETING
Pae:e 8
Votes:
Aye: :; ~ Borno,. Iiletcher, Simmons,. Waters, Wolfson
Nay: 0
MOT.lON CARR[EU
Action on. Ordinances 7.
Action on Ordinances
A.Public hearing and final reading of Ordinance No. 90~06~ 197 to adopt
amendments to Section 24~112 of the Land Development Regulations,. the
Commercial General (CG) Zoning District regulations,. including provisions to
address large scale retail development
AN ORIIINANCE OF THE C.lTY OF' ATLANTIC BEACH,. COUNTY OF
DUVAL, STATE OF FI..ORIDA, AMENDING ORnINANCE NUMBER 90-01-
172, SAID ORDINANCE RE~ADOPTING CHAPTER .24, AND INCLUDING
AI..L SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCF~
SPECIFICAl,L Y AMENDING ARTICLE III, DIVISION 5, SF:efION 24~112,
COMMERCIAL GENERAL DISTRICTS, TO ESTAllLISH SIZE LIMITS FOR
RETAIL ESTAHLISHMF:NTS AND TO MAKE OTHER GENEUAL
REYISIONS INCI,UIIING THE ELIMINATION OF HEAVY AUTOMOTIVE
REPAIR AS A USE~HY~EXCEPTION, IN THE CODE OF ORDINANCES FOR
THE CITY Ol~' ATLANTIC BEACH, PROVIDING FOR RECORnA TION ANn
PROVIDING AN EFFECTIVE DATE
Mayor Wolfson read the Ordinance by title only.
Ms. Doerr explained the minor changes that have been made since the last draft.
Mayor Wolfson opened the floor to the public. No one in the audience spoke and
Mayor WoUson dosed the public hearing..
Motion: Approve Ordinance No. 90~06~197 as read..
Moved by Borno, seconded by Waters.
Commissioner Waters asked Ms.. Doerr, with the change, if you have already exceeded
70%, can you continue to exceed 70%. Ms. Doerr stated you just can't add anymore if
you redevelop the site.
Commissioner Borno congratulated Ms. Doerr for the three areas of increasing verbiage
on the large-scale retail establishment areas, Mr. Carper for catching the impervious
surface and Ms. Bussey for catching the Occupational License change.
Commissioner Fletcher asked Mr. Jensen if these amendments win protect the City
from Big Box developments. Mr. Jensen explained that they would have to fit within
the size requirements estabHshed. Mayor Wolfson explained that Neptune Beach tried
to limit the size after the fact, but this is addressing it before and if someone wanted a
waiver they could not go above the maximum unless they come before the City
December II. 2006
REGULAR COMMISSION MEETlNG
Paee 9.
Commission. Commissioner Borno further clarified that this does limit size and it is an
ordinance but anyone can apply to the Commission for an exception.
Votes:
Aye: 5 ~ Borno, Fletcher, Simmons, Waters, Wolfson.
Nay: 0 ~
MOTION CARRIED
B. Ordinance No. 90~07~19'8, Introduction and First Reading
AN ORlnNANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER
90-01-172 INCLUIUNG ALL SUBSEQUENT AMENDMENTS THERETO, THIS
ORDINANCE SPECIFICALLY AMENDING CHAPTER 24 TO AnD NEW
ARTICLE V, ENVIRONMENT AL AND NATURAl.. RESOURCE
REGULATIONS, DIVISION I, WELLHEAD PROTECTION, PROVIDING
FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE
MayorWolfson read the Ordinance by title only.
Motion: Approve Ordinance No..9'0~07~198 on. First Readin2 as read.
Moved by Bomo, seconded by Fletcher.
Votes:
Aye: 5 ~ Borno,. Fletcher, Simmons,. Waters, Wolfson
Nay: 0 ~
MOTION CARRIED
C. Ordinance No. 9'5~06-92, Introduction and First Reading
AN ORDINANCE OF HE CITY OF ATLANTIC BEACH,. FLORIDA,
AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION,
SEC. 23~15 DEFINITIONS AND SEC. 23~17 APPLICABILITY, ETC., AND
PROVIDING AN EFFECTIVE nA TE.
Commissioner Waters asked to change Section 1 (a)(5), second line to read number of
trees, not amount of trees and Section l(d)(1), change conversation to conservation.
Also regarding relocation of a protected tree, with the exception of palm trees,
Commissioner Waters questioned whether other trees can be relocated with any success
and should this practice be discouraged. Mr. Carper explained that, by Code, if a
person is using a tree on sHe that is 3" or greater, as mitigation, that tree becomes a
proteeted tree and he is allowed to move that tree to a site more suitable on his lot,
which he believes is the intent of that paragraph.
Motion: Defer until Staff Report is complete
Moved by Fleteher, seconded by Wolfson.
December U. 2006
REGULAR eOMMISSION MEETING
Pal!e 10
Votes:
Aye: 5 - Borno,.Fletcber, Simmons,. Waters, Wolfson
Nay: 0 ~
MOTION CARRIED
Miscellaneous
Business
8.
Miscellaneous.Business
A. Request from Judy Jenness for a Use~by~Exception (Public Hearing) for the
Atlantic Theatre site localedat 751 Atlantic Boulevard to allow on-premise
consumption of alcoholic beverages and Live Entertainment to include live music
(indoors only) for the Freebird Live (Continued from the July 10th meeting of the
City C01mnission.)
Mayor Wolfson asked for staff to report
Ms. Doerr explained there were several concems previously expressed and stated
that Mr. Hionides was to address some of the issues that are summarized in the Staff
Report Mayor Wolfson explained he would address the concems after the Public
Hearing.
Mayor Wolfson opened the floor to the public and explained the procedures.
Mr. Randy Judy, 76 West 10tl1 Street, expressed strong supp0l1 for approval of
Freebird L,ive.
Mr. Steve Fouraker,3,87 6111 Street stated he believes Freebird Live would be a
great fit for Atlantic Beach.
R.D. DeCarie, 51 Beach A venue, expressed his support and recommended
approval of the application.
Betsy McCall, 31 5th Street, expressed her support of Freebird Live and said she
would love to see it come to Atlantic Beach..
Pablo Cannone, 725~12 Atl.antic Blvd., as one of the owners of Po Boys Creole
Cafe and a neighbor to Atlantic Theatr'e, expressed concem about Freebird Live's
parking issue but is wHling to share his parking lot since it is never fulL He believes
it would definitely keep his business running and gave total support for Freebird.
No one else from the audience spoke and Mayor Wolfson closed the public hearing.
Mayor Wolfson asked Ms. Doerr to review the recommendations from the
Community Development Board. Ms. Doerr stated the CDB heard the request at the
June meeting and the issues of parking and security were addressed by Chief
Thompson. She reported that all issues were addressed by the CDB and there was a
unanimous recommendation for approval.
December ll.. 2006
REGULAR COMMISSION MEETING
Paee 11
Motion: Approve Use.bv~ExcelJdon for Atlantic Theatre site located at 751
Atlantic Blvd. to allow on~lJremise consumption of alcoholic beverages and live
entertainment to include live music. indoor only. for the Freebird Live, subiect
to the five conditions in the Staff Report stated herein and other conditions as.
may be re(~uested bv the Commission.
Moved by Borno, seconded by Simmons
Commissioner Bomo beHeved a lot of work has gone into this and app~auds Mr.
Dickinson for his tenacity in putting together his package and showing support for
this. Also noted that up to the maximum capacity are great exceptions, probably two
to three time a year,. and thinks those kinds of events can be hand~ed with no
difficulty,. particularly with the recommendations put forward in our Staff Report.
Commissioner Waters asked Mr. Dickinson how many bicycle racks are there. Mr.
Dickinson staled he would add as many bike racks as are needed.
Commissioner Fletcher stated he has mixed feelings. On the positive side he likes
that it has a ~ot of citizen support as well as the support of surrounding businesses
and it is a local business.. On the negative side, he has spoken with some elected
officials of City of Jacksonville Beach and wonders about the fit, particularly with
the retirees, crime and noise issues, and underage drinking. Commissioner Fletcher
asked Chief Thompson if he had heard from the Chief of Police in Jacksonville
Beach regarding Freebird. Chief David Thompson said from his discussions with
the police officers in Jacksonville Beach, they did not consider there to be a problem
with the management or the operation of Freebird.
Commissioner Fletcher questioned Ms. Jenness about her data regarding the
performances over the last three months.. She presented a copy with information
regarding who peIi'ormed, number of tickets sold and times the music started to Ms.
Doerr. She stated there were two or three shows in the three-month period that
reached their current capacity of 700.
Commissioner Fletcher asked Mr.. Jensen to clarify whether the use-by-exception
will go with this owner, the owner of the site, Mr. Hionides, or in perpetuity.. Mr.
Jensen replied that the exception goes with the business owner.
Commissioner Simmons expressed concern about shared parking,. sound, and
security issues. She especially wants the sound issue added to the conditions
regarding the buses for the bands in the rear alley.
Mr. Chris Hionides, 47 Lemon Street, stated he had a discussion with Bailey's
owner regarding the parking issue and believes they alleviated Bailey's concerns.
Mayor Wolfson agreed that Bailey's must be satisfied or they would have come to
the meeting tonight in opposition of the use-by-exception.
Discussion followed regarding parking, lighting and noise issues and it was agreed
that the approval of this use-by-excep60n will be subject to these condHions being
met.
D{~cember lIJ. 20M
REGUtAH: COJ\iIMISSION MEETING
l>aee l.2
Motion: ApIll'ove the use~bv~eXCel)ti()n.
Borno,
Votes:
Aye: S. Horno,.I?letcher, Siml.mms, Waters, Wolfson
Nay: 0-
MOTION CARRIED
Motion: To anrlJend the lIse~bv~exception to include Ughtin2 that will not be.
invasive into the reside.ntial neighborhood. but with adecflmte Uehtim~ to
.IJroted the business andperformel's; the traffic will' be soutbbound leavine the
parking facHitv and under no circumstances will buses beanowed to eo
northbound into the l'esidentiaJ (~mnmunitv; and ha'l/inepower available so
ecneratorswiU not be used..
Wolfson,
V ot,es:
Aye: 5.. Borno,.F'Ietcher, Simmons, Waters, Wolfson
Nay: 0 ~
MOTION CARRIED
lvas not
s..
to
ell 9.: pin.
lS
u"
December 11, 2006
RI~GULAR COMMISSION MEETING
Paee 13
create a greater problem than we are solving. Commissioner Fletcher stated the
citizens may not understand what a correctmon of the slope may do.
Motion: Defer until staff does further research on t;ommunicatin2 with citizens
who are dIrectlv affected bv this chan2e
Moved by Borno, Seconded by Waters
Votes:
Aye: 5- Borno,. Fletcher', Simmons, Waters, Wolfson
Nay: 0 ~
MOTION CARRIED
Commissioner Waters believed that it is crucmal that the citizens understand what the
option is. Mr. Hanson suggested that in the notice we could provide them the phone
number of our City Inspector or Mr. Carper, Public Works Director, and offer to
meet them on site and tell them specifically what this means to their driv,eway.
C. Recommendation for New City Sanitation Contract.
Mr. Hanson repOIted that our contract is over in May 2007 and in order to give any
new contractor time to get new vehicles, which win be required,. we need to make a
decision the next month or so to have adequate time to put their orders in place.
He indicated that although we stilI have a lot of work to do on rates and options, we
would like to have the authorization to negotiate with the lowest priced vendor,
Steve Wlight.
Commissioner Fletcher asked Mr.. Carper if Waste Services has the amount of
equipment and manpower to adequately provide a high levd of quality service.
Also, Waste Pro says they offer more equipment and manpower to provide the
services and the second lowest proposer for a five-year contract convelting to a
system of toters and asked what is the percentage difference. Mr. Carper stated that
the difference was $22 1 ,.OOOlyear just for residential coUection.
Commissioner Simmons pointed out that we hired a consultant with a lot of
expertise. We could redo all of it without his expeltise or we could take what he
said. She believes since we paid good money to hire a consultant, now is the time to
authorize some negotiations.
Mayor Wolfson stated the number of pick-ups is not a done deal, it is just to
authorize negotiations with a r,ecommended hauler.
Commissioner Borno belllieved the consultant's report was put together poorly,
which caused confusion.
Motion: Authorize staff to commence negotiations with tbe recommended
hauler. WSl, with the goal of r,eachiu2 82reements on rates, services and
schedules for automated collection of residential waste..
Moved by Bomo, seconded by Simmons
City Manager
ReportslRequests
City Commissioners
City Attorney
Decemher 11, 2006
REGIJl,AR COMMISSIONMJ!i:ETlNG
Paee 14
Votes:
Aye: 5.. Borno,. Fletcher, Simmons,. Waters, Wolfson
Nay: 0 ~
MOTION CARRn:,~I)
D. Spe,ed Bump Follow up.
Chief Thompson mentioned that in the City Code it states the City Commission shan
not take any action on the installation of trafnc calming devices such as speed
bumps until the Police Depa11ment has conducted proper research and declared the
ar,ea a traffic safety hazard area. He stated that the reason this was established by the
City Commission in 2003 was to stop petitions for speed bumps. He reported the
PoHce Department has conducted research and found no valid data for speed bumps
on Linkside Drive. He explained this does not require any action on the part of the
Commission, unless they wish to put in speed bumps. He reiterated that the Police
Department does not recommend that any speed bumps be installed.
MayorWoU'son questioned the study showing 38 vehicles per hour on a 24-hour
average. He asked Chief Thompson what it is from 7:00 a.m. to 7:00 p.m. Chief
Thompson stated the computer printout shows that 7:00 a.m. to 9:00 a.m. is high traffic
and also 4:00 p.m. to 6:00 p.m. and he will forward a copy to the Mayor.
9.
City Manager
A. City Manager's Report
Mr. Hanson reported the City is donating bicycles to the needy. They win be
distributed at the Donner Community Center.
Mr. Hanson also reported that the beach lighting survey that Jacksonville completed
no~ed that Atlantic Beach is doing wen keeping a dark beach so the turtles can nest. It
listed a number of lights that are visible from the streets and they are working with both
the Sea Turtle Hotel and JEA to try to get those improved and have mceiv,ed good
responses from each.
10. Reports and/or re(juests from City Commissioners and City Attorney
Commissioner Waters
>>- Said the Beaches ar,e not active enough in the Florida League of Cities so other
people are making the decisions for us. He would like to see the Beaches
carrying their weight more at the Florida League of Cities..
>>- Commented the Sea Turtle parking lot needs to be replanted with trees and have
them watered..
December n, 200()
REGULAR COMMISSION MEETING
Pal!C 15
);>. Mentioned something needs to be done in Town Center on the Neptune Beach
side regarding the frequency of drivers hitting the barriers. He believes safety,
in general, is the problem there and questioned what can be done. Chief
Thompson stated Neptune Beach is going to get a traffic engineer to come look
at the area and offer specific solutions. Mr. Carper reported a. guardrail may be
a possible solution.
);> Suggested Christmas lighting could be ahernated to something lighter such as
skellietal form. reindeers and mentioned there are large areas on Mayport near
Plaza that don't have any Christmas lighting.
);> Advised that invitations will be sent out soon for the FIOlida League of Cities'
Oyst'er Roast, hosted by St Augustine.
Commissioner Flekher
}> Thanked Timmy and his staff for their efforts at the Tree Lighting ceremony
and Marsh Fest
). Expressed concern about JEA losing their office in Atlantic Beach and wanted
to see if there is anything the City can do about it. Mr. Hanson stated he has
offered to sit down with JEA and discuss the possibility of Atlantic Beach being
able to collect bills for them here at City HalL He reported they have not shown
any interest so far. After discussion among the Commissioners, it was
suggested that the City contact JEA by official letter to see if they have any
interest in having our help in collecting their payments.
Commissioner Simmons
). Agreed with Commissioner Waters about the Sea Turtle parking lot needing
new plantings and watering for the new trees.
}> Believed the holiday decorations should be kept secular.
Commissioner Borno
);> Expressed that this is not a holiday, it is the Christmas season, and he believes
we all should acknowledge that.
}> Congratulated CommissionerW aters on his election to President of the
Northeast Florida League of Cities.
}> Congratulated Ms. Bussey on receiving
Institute of Municipal Clerks.
CMC from the International
}> Announced that if anyone is interested in signing up to go to Washington, DC to
speak to the legislators as part of the Federal Action Strike Team, they need to
respond to the League by January 12,2007.
De,eember 11,2006
REGULAU COMMISSION MEETING
PUl?;C 16
Mayor Wolfson
);;> Commended the City on the tree lighting ceremony.
);;> Reminded the Commissioners that the City employee party is on Deeember 15
and urged their attendance and support.
);;> Congratulated Commissioner Simmons on her 60th birthday.
);;> Appointed Commissioner Borno to tour Mt. Dora Police Department for a site
visit Commissioner Simmons volunteered to accompany Commissioner Bomo.
);;> Wished everyone a very Happy Holiday season. Said it has been a great year
and looks forward to a wonderful year ahead and hopes everyone stays healthy.
Commissioner Waters asked that we add boats in front yards and a discussion regarding
ChIistmas lighting to the ag,enda.
Adjournment
There being no further discussion, the Mayor declared the meeting adjourned at 10:25
pm.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L Bussey, CMC
City Clerk