Draft Min 4-9-07MINUTES
REGULAR CITY COMMISSION MEETING
Apri19, 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 Fletcher.
Mayor Wolfson welcomed the audience and explained the process for public
comments. He also stated he is going to make a change in the format at the next
meeting. He stated that usually Courtesy of the Floor is an opportunity for guests to
speak about particular items instead of asking questions of the Commission. He stated
he believes if citizens have questions, it would be better to call the Commissioners or
staff before the Commission meeting to get answers to the questions and then bring
their positions or thoughts before the Commission, which will save a lot of time and
make for a smoother, more time-efficient meeting.
~. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
March 26, 2007.
City Clerk Donna Bussey stated, on Page 12, the vote should reflect Motion Carried
instead of Motion Failed. Commissioner Simmons stated under her comments on Page
10 she also wants inserted, for clarification purposes, "while the neighborhood was
platted with 50' lots, it was not developed with 50' lots but with a large majority of 75,
100, or 125' lots"
Motion: Approve the minutes of the Regular Commission Meeting on
March 26, 2007, as written, with correction on page 12 changing "Motion Failed"
,~ to "Motion Carried" and change on page 10 inserting, for clarification purposes,
"while the neighborhood was platted with 50' lots, it was not developed with 50'
lots but with a large majority of 75,100, or 125' lots."
Moved by Waters, seconded by Fletcher.
Votes:
~. Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Michael Hoffman, 176 Camelia Street, stated he is against the Resolution regarding
prostitution along Mayport Road and believes rather than felonize the prostitutes they
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Apri19 2007 REGULAR COMMISSION MEETING Page 2
should be given an intervention program to help them reform, as well as testing and
treatment for STDs. Secondly, he stated he received an a-mail from the City Manager
this week stating nothing has been done so faz to look into the article he provided the
Commission about the potential for long-term lung damage to children who grow up
near freeways. Thirdly, he suggested the $50,000 in the art budget could be used at the
Veterans Memorial Park neaz the flyover to put up a monument to the veterans, such as
a sundial. He stated there is also another park at the retention pond on Mayport Road
next to the Fleet Reserve which could have a piece of kinetic art put in the center of the
pond, such as a fountain.
Stephen Kuti,1132 Linkside Drive, reported, after measuring the space available for
a garbage can in his garage (on one side he has 22" and on the other side he has 23"),
the smallest garbage can will not fit in his garage. He stated he is concerned for the
other residents in his PUD. Secondly, he stated he is against consulting engineers being
hired by the City and asked how much money has been spent on consulting engineers
for the past five years. He stated this could be compared with engineer salaries to see
how much could be saved by hiring a full time engineer jointly for the three beaches
cities to set up an engineering department. He stated he spoke with the other two
mayors and they are interested in this.
~® Ed McDonald 13572 Tarrasa Ct. East, Jacksonville, reported on the legislation
proposed by the Jacksonville City Council for the rezoning of the Moody pazcel. He
stated he is a resident of the Pablo Point subdivision west of the Intracoastal and is
~"" concerned about the development of this site.
Pat Pillmore, 995 Camelia Street, stated, regarding the new gazbage collection fees,
"~" she is confused that there wasn't a firm price for the customer and the public doesn't
know what the bill is going to be yet the City is contracting. Mayor Wolfson stated that
Ms. Pillmore and Mr. Kuti should call the City with the questions they raised and they
will be glad to give them that information.
Unfinished Business
from Previous
Meeting
No one else from the audience spoke so the Mayor closed the Courtesy of the Floor
to Visitors.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow-up Report.
In response to Ms. Pillmore's question, City Manager Jim Hanson stated the new
garbage collection rate will be $17.10, effective June 1, 2007. He also reported the
City of Neptune Beach's rate is $18.75 and the City of Jacksonville Beach is $16.31.
Mr. Hanson reported the hauler will offer two different-sized toters, one a 96-gallon
and one a 64-gallon; however, they will pick up smaller toters if the customer wants to
provide them. He cautioned the citizens that if they buy a smaller size, the garbage
needs to be contained in the toter because if the hauler regularly sees more than what is
in the container, they will be required to pay a second garbage charge per month and
come up with a second toter. He stated the idea to use the toters and go to an
automated system was to save manpower and if a citizen has a lot of bags that have to
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Apri19 2007 REGULAR COMMISSION MEETING Page 3
be picked up by hand it is costing more. He also stated that the rate increase is the first
one in over eleven years.
Commissioner Waters asked if the information the City sends out could include what
kind of smaller toter must be purchased so they don't buy the wrong type. Mr. Hanson
responded that if they get a request from someone they can give them that information.
He stated the difference is the metal grab bar in the front of the toter which the hand on
the truck picks up the toter with.
Mayor Wolfson stated his concern is that we are overlooking the size problem and
asked if Public Works Director Rick Carper did research on the size of garages and
inquiries regarding the problem Mr. Kuti raised. Mr. Hanson stated Mr. Carper drove
around that subdivision and found that there are quite a number of people who have
regular-sized cans, and they are keeping them somewhere. He believed it doesn't seem
to be a problem with anyone else in that subdivision. He stated Mr. Kuti will have the
option to bring in a smaller can if he wants to. Mayor Wolfson stated that according to
the dimensions, the size of the smallest available toter has a width of 24". Mr. Hanson
stated that was correct. Mayor Wolfson stated that exceeds Mr. Kuti's dimensions of
22 and 23 inches.
B. Report on lot widths and sizes in Old Atlantic Beach.
Sonya Doerr summarized her research report on parcel sizes as they now exist in
~"" Atlantic Beach, stating there are 45 parcels, consisting of several lots that are 100', 13
parcels that are 100-149', and 12 parcels that are 150+'. She stated her position would
be new lots less than 7200 s.f. would not be consistent with the density limitation of the
"~ comp plan.
Mayor Wolfson stated we have a medium density designation south of Fifth Street and
stated the issue that came before the Commission was the possibility of changing a
duplex to two single-family lots that would be 50' x 140'. He stated the City
Commission had faced, a number of years ago, what to do with the duplexes. He asked
Ms. Doerr if it is correct that the previous Commission made the determination that
they vested the rights of those who sought to have the ability to build duplexes in the
,~„ medium density designated area. Ms. Doerr stated only existing, lawfully constructed
duplexes could be replaced. Mayor Wolfson asked if it is desirable to move away from
duplexes in that area. Mr. Doerr stated the changes made five or six years ago
~„ changing it to single family zoning and allowing only existing duplexes to be replaced
moves toward eventually asingle-family area. After further discussion and agreeing
with Ms. Doerr this is not a density issue, Mayor Wolfson stated he is not ready to
~„ make a recommendation to take any action yet.
Commissioner Simmons expressed her appreciation of the staff report and stated her
neighbors on Second Street either felt neutral, were friends of the person, or lobbied her
that there not be a lot division. She stated that even though the street is platted for 50'
lots, that platting was done about 1913 but wasn't developed until after WWII. She
stated as it was developed, there are almost no 50' lots, they were developed with 75',
100' or 200' lots that were combined which has a real quality of life difference in that
neighborhood. She stated there are more trees, green space, fewer parked cars, etc. that
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Aari19 2007 REGULAR COMMISSION MEETING Page 4
0
go with low density. She believes that is something that neighborhood wanted to
preserve, seeing the major loss of green space and trees if the lots were divided. She
stated that also it doesn't make sense to her that part of this neighborhood is low
density and part is medium density and makes her wonder if we made a mistake in not
changing the density in the comp plan when they did away with the new duplex code in
our code books. She asked if that should be the way to go, to change the density in the
comp plan. Ms. Doerr stated when the original comp plan was adopted, it had medium
density in that azea and believes that is fairly consistent with the way it is developed
since there are so many duplexes in that area and they were smaller lots. She stated
when the comp plan was created and adopted, the density boundaries followed the
zoning district boundaries. Commissioner Simmons pointed out the numbers on the
map are misleading because you can have 100 35' lots and take up much less linear
space than if you have 100 75' lots, so if you actually look at the percentage of the area
that is small lots, the percentage is much smaller than the pure numbers. Ms. Doerr
credited her new staff, Erica Hall, who spent a great deal of time reseazching this and
putting this information together.
Commissioner Waters agreed with Commissioner Simmons and stated this is a problem
we need to deal with. He stated the neighborhood was rezoned single-family and
believes we need to follow up as soon as possible putting it under low density in the
comprehensive plan, which enforces the move to 75' lots. He stated this doesn't
discriminate against anyone who is already there but reinforces and makes changing it a
four-part process rather than as it stands now where it can be overturned in the next
Commission meeting, which he believes is not what we want. Ms. Doerr stated we will
be beginning the EAR evaluation and appraisal process followed by the EAR based
amendment to the plan later this yeaz and that would be a logical way to do this. She
stated she needs direction from the Commission if they want her to proceed more
quickly. Mayor Wolfson asked why this wasn't done before. Ms. Doerr stated the
platted lots and RS-2 zoning were not inconsistent with the medium density residential.
Mayor Wolfson asked if this was developed as a buffering process. Commissioner
Waters stated you do have to decide where you are going to put the cutting lines, down
First St, down Ahern or between Ahern and First, because there is a lot of density in the
Ahern area which he believes should be left as a buffer. Mayor Wolfson asked that the
Commission talk to staff about this and get a clearer understanding and then put it on
the floor for an action. Commissioner Waters agreed to defer for two weeks.
Commissioner Simmons asked that the buffer concept be defined. Ms. Doerr answered
you have your higher density residential more closely to commercial and then the
residential density decreases as you move away. Commissioner Simmons stated she
does not believe it was developed as medium density, it was developed with lazge lots
with lots of tree canopy, which will disappear if they don't watch density in that azea.
She stated she doesn't believe it was looked at from that perspective when that decision
was made. Ms. Doerr stated density has never been increased since the comp plan was
adopted in 1990.
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
Apri19, 2007 REGULAR COMMISSION MEETING Page 5
~.
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 Public Works and Utility Departments Report
and Report of New Local Business Tax Receipts for Mazch 2007.
B. Award a contract to Camp, Dresser & McKee to update the water distribution
model and make recommendations asper the attached Scope of Services in the
amount of $26,177 and authorize the City Manager to sign the contract.
Motion: Approve Consent Agenda as read.
Moved by Simmons, seconded by Borno.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None
,. Action on Resolutions 6. Action on Resolutions
A. Resolution No. 07-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
REQUESTING MORE VIGOROUS PROSECUTION OF AND MORE SEVERE
PUNISHMENT FOR PROSTITUTION CASES ON MAYPORT ROAD, AND
~• PROVIDING AN EFFECTIVE DATE.
Commissioner Borno stated the title of the resolution should be changed to reflect the
.A change in Section 3 in the revised resolution, which is attached and made part of this
official record as Attachment A, deleting Mayport Road and insert "in the" City of
Atlantic Beach and provide an effective date.
Motion: Adopt Resolution No. 07-03 with the changes made on copy submitted to
Commission on 4/9/07.
Moved by Simmons, seconded by Fletcher
Motion: Amend title to be consistent with page 3 to delete Mayport Road and add
City of Atlantic Beach and the City of Jacksonville.
~" Moved by Borno, seconded by Fletcher
Commissioner Waters stated it reflects City of Atlantic Beach and City of Jacksonville
~"' and asked if that is what Commissioner Borno is amending it to. Commissioner Borno
confirmed, stating we are asking for imposing harsher sentences on those in the City of
Atlantic Beach and the City of Jacksonville.
Mayor Wolfson stated the City of Jacksonville is pretty broad and asked if it specifies
the City of Jacksonville relative to this island. He stated he does not want to overstep
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April 9 2007 REGITLAR COMMISSION MEETING Page 6
his authority and pass a resolution that seems to indicate we are concerned about this
problem in the City of Jacksonville. He asked for clarification on the City of
Jacksonville from Mr. Jensen. Mr. Jensen stated the way it was originally written was
to address the prostitution problem along Mayport Road, which encompasses Atlantic
Beach and the City of Jacksonville -from Atlantic Blvd. north to the Navy base. He
stated that it all started out with Chief Thompson's report in early March of this year
and we are asking for more vigorous prosecution of prostitution cases on Mayport Road
because that is partly where our problem is. Mayor Wolfson suggested that on page 2,
where it is underscored Atlantic Beach and instead of saying the City of Jacksonville,
say this portion of the City of Jacksonville so it just refers only to this portion.
Commissioner Waters stated it originally said the Mayport area, which was even more
specific and asked why we don't just go back to the original language. Mayor Wolfson
stated because the original language isolated this issue only on Mayport Road and was
asking the courts to enforce vigorously the law only pertaining to Mayport Road and he
believes the issue here is if this is a crime that is committed in the City that it must be
prosecuted equally throughout the City, not just on one particular street. Commissioner
Waters stated it vigorously prosecutes prostitution in general and specifically those
arrested in the Mayport Road azea. Mr. Hanson stated on the second page it references
Mayport Road in Atlantic Beach and beyond and further in that paragraph it talks about
the City of Atlantic Beach and the City of Jacksonville, so that ties them together.
Mayor Wolfson stated he doesn't want it to be misunderstood that we are interested in
the problems in the City of Jacksonville except for those that are immediately adjacent
to our community. Commissioner Borno suggested that we leave all the verbiage in
that has been lined out but just add "east of the Intracoastal Waterway". Mayor
Wolfson stated that was fine.
Commissioner Simmons stated she does not like this either. Mayor Wolfson asked if
they want to send it back for re-write. Commissioner Simmons stated the attempt here
is to tazget a stretch of road that is particularly bad. This specific area was picked, not
by us, but by the Chief of Police and the Police Department because that is where they
have repeated arrests of the same people, which will happen with prostitution. She
believes if we make it everythvlg east of the Intracoastal or all of Atlantic Beach, they
will feel real queasy about picking out one part of Duval County and saying you
deserve differential treatment. Commissioner Borno stated it applies to the whole City.
Commissioner Fletcher withdrew his second to the amendment. He stated he is very
concerned about overstepping their bounds and even mentioning the City of
Jacksonville. Secondly, the purpose is to get the State Attorney's attention, he doesn't
care what street it is on. The Resolution's purpose is to get his attention to increase
prosecution, so we just leave it at City of Atlantic Beach, we don't step into City of
Jacksonville boundaries, we don't say just go to Mayport Road because prostitution
happens all over town, we just substitute City of Atlantic Beach. He stated he will
make that as an amendment. Mayor Wolfson suggested directing this to the Chief of
Police. Commissioner Fletcher asked Chief Thompson what our purpose is here. Chief
Thompson stated the purpose is to try to get the attention of both the State Attorney and
the judges to let them know that Atlantic Beach has an ongoing problem that the law is
in place to deal with but they aze not enforcing it the way it is written. Commissioner
Fletcher asked if the purpose entails identifying areas for the judges. Chief Thompson
replied one of the concerns is the judges and state attorneys are for the 4~' Judicial
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Aprel 9 2007 REGULAR COMMISSION MEETING Page 7
Circuit, which is actually three different counties in NE Florida. He reported the State
Attorney has already said that he doesn't think it is appropriate to think that Atlantic
Beach is going to get special treatment compared with some other place. He stated this
is one of the reasons for the language that extends it to the City of Jacksonville as well
as the City of Atlantic Beach because we work the same law enforcement operations,
the same drug dealers and the same prostitutes down here. It is essentially something to
get their attention and let them know that it is a problem and the law is in place. We
simply want them to enforce it and follow what is already written. He stated he has
spoken with the Sheriff and the Under Sheriff regarding the issues in terms of housing,
etc. and stated they aze not concerned with jail space. He stated they said they will find
a home for the people if we bring them in. Commissioner Fletcher stated he
understands better the inclusion of the City of Jacksonville but asked if he has checked
with the Jacksonville City Council members and the Mayor to see if it is okay if we say
they should increase arrests in prostitution in the City of Jacksonville. Mr. Jensen
clarified, on Mayport Road in the City of Jacksonville, not the City of Jacksonville.
Commissioner Fletcher asked Mr. Jensen to clarify that he is okay if we limit it to
Mayport Road in the City of Jacksonville. Mr. Jensen stated that is what we have in
common with them where the problem is. Chief Thompson stated he doesn't think we
need to be that specific, they get that message no matter how specific or how broad this
is. He stated if it says City of Atlantic Beach, City of Jacksonville, the message is still
the same which is we are prosecuting people, we are arresting people, we aze making
cases and we just want you to follow what is in the law relative to prosecution.
Mr. Hanson asked Chief Thompson to clarify about the availability of drug rehab
assistance for prostitutes in jail as well as the testing for sexually transmitted diseases.
Chief Thompson stated all people arrested for prostitution are tested for STDs and HIV
and there is a list downtown of those who are positive-for HIV because that kicks in
some enhanced penalties. Most of these individuals have drug or alcohol addiction
problems and the drug rehab is something that is offered; however, one of the reasons
people enter drug rehab programs is because they are facing significant jail time. Many
of these individuals having the opportunity of pleading guilty and walking out after
thirty days or going throuigh an extended rehab program, will take the thirty days, so it
is significant to have a penalty that is big enough to encourage people to participate in
those programs. The programs are available so that is not an issue of whether or not it
is available; it is a matter of encouraging them to use those programs.
Mayor Wolfson stated the second to the amendment has been withdrawn and asked if
anyone wanted to second that amendment which will change the title only. He stated
he will second it. It is a title only change and had no other changes. Mayor Wolfson
stated Commissioner Borno asked to change the title. Commissioner Waters clarified
,~, the change is for the City of Atlantic Beach and the City of Jacksonville. Mayor
Wolfson stated that was correct, instead of on Mayport Road.
Motion: Amend title to be consistent with page 3 to delete Mayport Road and add
„~ City of Atlantic Beach and the City of Jacksonville.
Moved by Borno, seconded by Wolfson
Apri19 2007 REGULAR COMMISSION MEETING Page 8
Votes:
Aye: 2 - Borno, Wolfson
~. Nay: 3 -Fletcher, Simmons, Waters
MOTION FAILED
Commissioner Simmons stated this is the world's oldest profession and believes this is
not going to work. She believes there must be some other ways and some of the
questions she has are: (1) will this really work or is this even the answer; (2) can we test
them for drugs; (3) can we patrol so heavily that they move away; (4) who are their
clients; (5) is this Navy-base related; (6) can the Navy play a role; (7) might we add
lighting, video cameras to get license plates of clients and (8) how do other small towns
and areas near bases deal with the problem. She stated she has had those discussions
with people and most of them have been cleared up as we heard tonight with the drug
testing, STDs testing, but she doesn't think this is going to work and she does not feel
comfortable with it and would like to see the Commission work other directions,
increase patrols, etc. Mayor Wolfson stated for clarification the only purpose of this
Resolution is to fix the problem, not making the arrest, not trying to change social
patterns. The Police Department is encountering problems in the courts. The courts
have a statute, certain procedures they follow. Once there are three violations, it moves
from a misdemeanor to a felony and what is happening is the courts are turning their
backs. Our police department is using their time, their resources, and their funds to
make the arrests and enforce the laws on the books. The courts are not holding up to
their part. This is not a social correction issue, this is an issue that our Police
Department is having with the courts and that is the only purpose of this resolution.
We are not trying to change the arrest procedures or their methods of policing Mayport
Road. That is not what we are doing. We are trying to give them the opportunity to let
the courts pay attention to the law so when we send these people downtown, after three
strikes, they have a serious problem. The whole point is if the courts will start standing
up and enforcing the law and the penalties, then possibly these people will move on.
Motion: amend the motion deleting the Citv of Jacksonville. so the title would sa
cases in City of Atlantic Beach and strike Mayport Road, then on second page the
third whereas it would strike "and the City of Jacksonville, on the third page, first
section 2 it would strike and the City of Jacksonville, section 3 it would strike and
the.City of Jacksonville.
Moved by Fletcher
MOTION DIED (due to lack of a second)
Commissioner Waters asked what he was voting on. Mayor Wolfson stated to adopt
Resolution No 07-03 that was put in front of you tonight, as written, the only changes
~„ were those that were underscored, on page 2 it deletes "this area" and inserts the "City
of Atlantic Beach and the City of Jacksonville" and on page 3 it deletes "and
specifically those arrested in the Mayport area of and inserting "in", and in Section 3
~. deleting "and specifically those cases resulting from arrests in the Mayport Road area
of the" and inserting the words "in the". Mayor Wolfson called for votes to adopt
Resolution No. 07-03.
~.
Apri19, 2007 REGULAR COMMISSION MEETING Page 9
Votes:
Aye: 3 -Borno, Fletcher, Wolfson
~„ Nay: 2 -Simmons, Waters
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-07-84, Public Hearing and Second 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.
Mayor Wolfson opened the floor to the Public Hearing.
No one from the audience spoke so the Mayor closed the floor to the Public
Hearing.
Motion: Aanrove Ordinance No. 20-07-84 as written.
Moved by Borno, seconded by Simmons.
~""" Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance 90-07-199, Introduction and First Reading
,,,,, AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-O1-172, SAID
ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL
~„ SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY
ADDING NEW ARTICLE V. CONCURRENCY MANAGEMENT SYSTEM AND
PROPORTIONATE FAIR SHARE (ATTACHED AS EXHIBIT A) TO CHAPTER 24
OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH,
PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE.
Motion: Aaprave Ordinance No. 90-07-199 as written
Moved by Borno, seconded by Fletcher.
Commissioner Waters stated on the sixth line from the bottom of page 1 of 12 of
Exhibit A it should state "may" instead of "my".
~* Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
#.
Apr919 2007 REGULAR COMMISSION MEETING Page 10
Miscellaneous 8. Miscellaneous Business
,~„ Business
A (Public Hearing) Request from Advantage Plumbing for aUse-by-
Exception to allow a plumbing contractor (with no outside storage) to
~,,, occupy a developed site within the Commercial General (CG) Zoning
District located at 880 Mayport Road.
~. Ms. Doerr summarized her report on this request and stated Greg Gause, Owner of
Advantage Plumbing, was in the audience to answer any questions. Commissioner
Waters questioned if there is going to be a sign and Ms. Doerr stated yes the new sign
will comply with the current sign regulations. Commissioner Fletcher asked Mr. Gause
how many trucks he has. Mr. Gause stated he has five trucks and Ms. Doerr stated they
will be parked indoors.
The Mayor opened the floor to the Public Hearing.
No one from .the audience spoke so the Mayor closed the floor to the Public
Hearing.
Motion: Approve request for aUse-6v-Exception to allow Advantage Plumbing
(with no outside storage) to occupy a developed site within the Commercial
General (CG) Zoning District located at 880 Mayport Road with the following
~"" conditions: (1) there shall be no outside storage of equipment or business-related
materials; (2) no manufacture, construction, heave assembly involving hoists or
lifts, or equipment that makes excessive noise or fumes shall be permitted; and (3)
~" not more than one contractor-related vehicle shall be parked outdoors on a
continuous basis.
Moved by Waters, seconded by Borno.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
~"' Nay: 0 -
MOTION CARRIED
B. Request from Jim Curtis Kirkland to provide tattoo services at 25 Sailfish
Drive.
City Clerk Donna Bussey summarized her staff report and stated if Mr. Kirkland
receives approval from the Commission tonight he will still need approval from the
Zoning Department, inspections by the Building Department and Fire Department,
along with State Statute requirements such as supervision by a medical professional,
approval by the Health Department, and biomedical regulations. Ms. Bussey reported
she spoke with Cheryl Ellis at the Duval County Health Department who stated Mr.
Kirkland is in compliance at his other businesses and also offered favorable comments.
Ms. Bussey acknowledged Mr. Kirkland was in the audience to answer questions.
~,.
Anrel 9, 2007 REGULAR COMMISSION MEETING Page 11
~.
Commissioner Borno asked Mr. Kirkland why he wants to move from his current
location. Mr. Kirkland stated he has been on Mayport Road for twelve years and since
~, Wonderwood has opened up the business at his location on Mayport Road is almost
dead and the neighborhood has gone down and he doesn't want to be there anymore.
Commissioner Borno asked Mr. Kirkland what his hours of operation are. Mr.
Kirkland stated he is open from 12:00 to 8:00 p.m., six days a week. Commissioner
Borno questioned how often the Health Department and medical professional visit his
establishment. Mr. Kirkland replied Dr. Roger Lowe inspects his shop twice a year and
~• the Health Department inspects once a year. Commissioner Borno asked if there is any
record of any infections or issues that have developed from his business over the years.
Mr. Kirkland replied no.
Commissioner Fletcher asked Mr. Kirkland if he has any retail services or modern art at
his Mayport Road location. Mr. Kirkland stated he does not. Commissioner Fletcher
asked what percent of his business will be tattoo versus retail. Mr. Kirkland stated he
could not answer that, he has never done this. Commissioner Fletcher clarified that the
Zoning Department has interpreted a tattoo parlor is not a permitted use within
~"" Commercial General unless it is in conjunction with an ancillary permitted use such as
a retail establishment and asked where do we draw the line.
Commissioner Simmons asked City Attorney Alan Jensen if there were any legal
grounds by which we would not accept this use. Mr. Jensen stated if this is ancillary to
another business there is nothing in our ordinances that establishes the percentages one
business or the other must have. He stated we do have the occupational or business
license category in our ordinances for a tattoo parlor so it is contemplating tattoo artists.
Ms. Doerr stated tattoo parlors are called out as a specific use within zoning districts,
they are not in ours and in looking at our Commercial General regulations she made the
interpretation that it is not a permitted primary use but that it is permitted subject to
Commission approval as an ancillary use. Commissioner Simmons stated she has not
found anything in the law that would give her the possibility of saying no.
Mayor Wolfson asked for explanation of the modem art he will sell. Mr. Kirkland
~"' stated some of the artists live at the beach and are looking for an outlet to hang their art
and hopefully sell it. Mayor Wolfson asked if the art gallery doesn't work, does he
have plans for another business to come in there. Mr. Kirkland stated they have
~. discussed selling t-shirts as Plan B.
Motion: Approve request from Jim Curtis Kirkland to provide tattoo services at
~. an ezisting commercial location in coniunction with a retail art shop at 25 Sailfish
Drive, subiect to proper licensing for such services.
~, Moved by Simmons, seconded by Borno.
Votes:
~„ Aye: 4 -Borno, Simmons, Waters, Wolfson
Nay: 1-Fletcher
MOTION CARRIED
~.
r^
A~ri19 2007 REGULAR COMMISSION MEETING Pa~c 12
C. Report of the Annual Actuarial Valuation for Police Officers' Retirement
System and for General Employee Retirement System ending September
~,. 30, 2006.
Finance Director Nelson VanLiere summarized the written Actuarial Valuations for the
Police Officers and General Employees Retirement Systems.
Commissioner Fletcher questioned what covered payroll referred to in Section D1. Mr.
VanLiere stated the percent of covered payroll is part of the funding formula they use
requiring the City to contribute enough funds to keep that percentage level.
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson stated the first commission workshop has been cancelled and reported our
website continues to get even more usage.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
*~ City Commissioners
City Attorney A. Acknowledgement of First Coast National Day of Prayer event on May 3, 2007
(Discussed during Mayor Wolfson's comments.)
Commissioner Fletcher
• Asked if COAB is considering a resolution on property tax reform. Mayor
Wolfson stated he will report on that at the end when he speaks.
• Stated Neptune and Jacksonville Beaches just passed an ordinance requiring
independent traffic studies on developments. The traffic engineers are hired by
the City of Neptune Beach and the study is paid for by the developer. He asked
if the Commission is interested in amending the ordinance so Atlantic Beach
can also benefit from that. Mr. Hanson stated that change is in the Ordinance
we had a first reading on tonight.
Mayor Wolfson
Stated the City has been requested to submit a proclamation for a National Day
of Prayer. He stated Mr. Jensen raised a concern that last year there was a
lawsuit against the City of Jacksonville for holding a prayer event at the
Coliseum. Mayor Wolfson asked if that was about using funds for that event.
Mr. Jensen stated he believes that was part of it and there was a lot of objection
raised to the event with the City being involved in a religious or church-related
activity which was partly funded by the City of Jacksonville. Mayor Wolfson
asked the Commission what their consensus was regarding submitting this
proclamation. Commissioner Simmons stated she did not have enough
information. Commissioner Fletcher stated he was uncertain. Mr. Jensen stated
he had no objection, the thing in Jacksonville was due to funding because they
used City money for the venue and the memorial stadium, it wasn't' the issue of
the National Day of Prayer. Mayor Wolfson asked if the Commission had
~.
Anri19 2007 REGULAR COMMISSION MEETING Page 13
received the request. Commissioners Fletcher and Simmons stated they did not
recall receiving the request. Mayor Wolfson asked that the City Clerk
redistribute copies of the request to the Commission. He also requested she
distribute a copy to the City Attorney.
Reported on his trip to Tallahassee with the Florida League of Cities and
Florida League of Mayors, specifically as it related to the Governor's plan for
property taxes. He stated he is very concerned about how it will affect the
municipalities. He reported the Governor is very keen on changing the taxes
and stated it is going to happen through a referendum with the citizens making
the ultimate decision. He stated from the numbers given to him by Mr.
VanLiere, this will create a $l.l million shortfall in our budget the first year.
He urged the Commission to start reading and getting an understanding about
this issue. Commissioner Fletcher asked the Mayor what he thought we could
do. Mayor Wolfson stated he believes we need to communicate with our
citizens to keep them apprised of what is happening so they will understand the
impact on our budget. Commissioner Borno stated that if this is not to establish
what millage rate is allowed, do we not have the latitude to have to consider
what we do with our millage rate to make it up. Mayor Wolfson stated that is
what is going to happen because we have to provide services for the
expectations of our citizens and the only way to do that is to get the taxes.
Commissioner Borno stated that the local government must educate the citizens
as to what is really going on. Mayor Wolfson stated the Florida League of
Cities is going to be very vocal. Commissioner Fletcher asked Mr. Hanson if
there is any pressure we can apply. Mr. Hanson stated the citizens can call their
elected representatives in Tallahassee. Mayor Wolfson agreed we could put that
in a letter encouraging the citizens to get involved in this process.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:31 pm.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey, CMC
City Clerk
ATTACHMENT A
RESOLUTION NO. 07-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
REQUESTING MORE VIGOROUS PROSECUTION OF AND MORE
SEVERE PUNISHMENT FOR PROSTITUTION CASES ON MAYPORT
ROAD, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission has considered improving the Mayport Road
corridor as an issue of strategic importance and has devoted considerable time and money
~"' over the last several years in efforts to improve and clean up the areas along Mayport
Road, and
WHEREAS, specific efforts made by the City, and others, to improve and clean
up Mayport Road include the following:
a. Zoning changes implemented by the City to limit sizes of
signs, prohibit chain link, barbed wire or razor fencing on
street frontages, prohibit roofs that have a flat appearance,
prohibit open bay doors that face Mayport Road, requiring
windows and certain finishes on exteriors of buildings that
face Mayport Road, and limiting exterior lighting.
b. Strong code enforcement measures by the City's code
enforcement department on sign regulations, accumulation
of trash, and other relevant provisions of the City's code.
c. Installation of landscaped medians along Mayport Road
from Atlantic Blvd. to the Navy Base at Mayport in order
to improve traffic and pedestrian safety is currently under
design. This is to improve the business climate along
Mayport Road, and the overall appearance of the entry into
the Navy Base and is a joint project by Atlantic Beach,
Jacksonville and the FDOT, at a cost of several million
dollars.
d. Other landscaping and maintenance projects have
already been completed including Flyover landscaping at
the Atlantic Blvd. intersection, creation of Veterans Park,
and creation of a landscaped pond between 3`d and 4~
Streets with a walking track and benches.
e. Special police operations by Atlantic Beach and other law
enforcement agencies, have been conducted on numerous
occasions to enforce laws against drugs, sale of alcohol to
minors, DUI, and prostitution.
WHEREAS, the Atlantic Beach Police Department has been responding to
complaints of prostitution on Mayport Road for a number of years, has and
,~. Resolution No. 07-03 Page 1 of 3
continues to make sound cases against the prostitutes, but the cases do not result
in any significant punishment or sentences, even for repeat offenders, and
WHEREAS, Florida Statutes provide for more serious charges with
harsher penalties for those who are convicted of prostitution more than once,
including all third and subsequent violations being subject to third degree felony
charges, which carry a potential sentence of up to five (5) years in prison, and
WHEREAS, a review of Atlantic Beach prostitution arrests on Mayport
Road shows that although some offenders have been arrested three (3) times or
more over the past several years, none of the offenders were sentenced to more
than sixty (60) days in jail. Therefore, although the Atlantic Beach Police
Department has made sound and successful cases against prostitutes with multiple
prior violations, these prostitutes have been routinely released back into the
community with minimal penalties, resulting in many additional and related
.problems, including:
a. Prostitutes often have sexually transmitted diseases which can be
spread to their customers, and eventually to innocent people.
b. Prostitutes often participate in other crimes including theft, credit
card fraud, auto theft, and similar crimes of opportunity related to
their illicit sexual activities.
c. Prostitutes are often addicted to various drugs, so consequently
they often participate in the use, sale and distribution of illegal
drugs including cocaine, heroin, methamphetamine and marijuana.
d. Prostitutes often carry weapons for protection which can lead to
weapons related offenses such as aggravated assault, batteries, etc,
which can result in bodily injuries.
WHEREAS, with the many completed and ongoing initiatives to enhance
the safety and social climate along Mayport Road in Atlantic Beach and beyond,
as described above, the presence of street level prostitutes denigrates the quality
of life for people living, working, and passing through the Ci of
Atlantic Beach and the City of Jacksonville; and
WHEREAS, for the City's efforts to eliminate or significantly. reduce the
number and visibility of street level prostitutes along Mayport Road to be
~.
successful, there must be more vigorous prosecution of those arrested for
prostitution, and there must be harsher punishment and sentences imposed on
~, those convicted of prostitution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1: The foregoing "WHEREAS" clauses are hereby made a
specific part of this Resolution upon the adoption hereof.
~. Resolution No. 07-03 Page 2 of 3
SECTION 2: The City Commission requests that the Office of the State
Attorney for the Fourth Judicial Circuit and Duval County, Florida, more
vigorously prosecute prostitution cases
in the City of Atlantic Beach and the City of Jacksonville,
to include seeking enhanced charges and punishments for repeat violators, as
allowed by Florida Statute.
SECTION 3: The City Commission requests that all judges of the Fourth
Judicial Circuit and Duval County, Florida, impose harsher sentences for those
convicted of prostitution
in the City of Atlantic Beach and the City of
Jacksonville, to include imposing enhanced sentences for repeat violators, as
allowed by Florida Statute.
SECTION 4: The City Clerk is hereby directed to distribute copies of this
Resolution to the Office of the State Attorney and all judges of the Fourth Judicial
Circuit and Duval County, Florida.
SECTION 5: This Resolution shall take effect immediately upon final
passage and adoption.
PASSED AND ADOPTED this day of April, 2007.
ATTEST:
DONNA L. BUSSEY, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
DONALD M. WOLFSON
Mayor
Resolution No. 07-03 Page 3 of 3