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09-25-06MINUTES REGULAR CITY COMMISSION MEETING September 25, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Fro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner Jamie Fletcher 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 Waters. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on September 11, 2006 Motion: To approve the minutes of the Regular Commission Meeting on September 11.2006 as presented Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors The Mayor opened the floor to visitors. Pat Pillmore, 995 Camelia Street, spoke regarding West 9~' Street often being blocked by work trucks and vans pazked on the street, the Beautification Project in Marsh Oaks, the speed limits in Atlantic Beach, and the lack of pedestrian signage and bike paths. RD. de Carle, 51 Beach Avenue, suggested changing line two of the initial requirement statement to read "...over 25% in size..." instead of "...add 25% or more in size...". Mr. de Carle clazified that the phone poll was not being done by the Save Atlantic Beach group unlike the post cazds which were. Stephen Kuti, 1132 Linkside Drive, addressed the Town Center Overlay Project. He advised the height limits at Town Center in Atlantic Beach is 24' and Neptune Beach is 35' and suggested the more restrictive height limit of 24' be applied to Town Center planning. Mr. Kuti spoke regazding the Mayport Road Medians designed to include trees which will widen the median and reduce the size of the inside lane. He expressed concern that the trucks with trailers in the turn lane will be forced to ride on the median. He asked the Commission to get a professional opinion on the issue. Seatember 25, 2006 REGULAR COMMISSION MEETING pace 2 Mayor Wolfson clarified that Atlantic Beach has a 25' limit instead of 24'. Douglas Speed Jr., 1207 Seminole Road, commented on the old Famous Amos building on Atlantic Boulevard. He thanked the Commission for the quick response to concerns about sidewalks in the Selva Marina area. Mr. Speed noted the corner at Seminole Road and Selva Mazina Drive still has a curb and should be marked more cleazly. Mr. Speed asked the Commission not to open the gate at the end of Selva Marina Drive and Fleet Landing except to allow emergency vehicles. Sally Clemens, 1638 Pazk Terrace W., questioned the city's involvement in the recent telephone survey regazding the community development standazds and expressed concern that tax dollars were being spent on it. Mayor Wolfson and City Manager Hanson both confirmed the city has no knowledge of the organization behind the telephone poll and, also, is not paying for the survey. Jack Robbins, 1435 Linkside Drive, President of the Selva Linkside Association, thanked the Commission for their hazd work and dedication to the City. He expressed concern regazding plans to develop azound the Selva Marina golf course and expressed opposition to allowing access into the Selva Linkside community. A. Presentation of the Proposed Town Center Overlay District by Niall Fallon Niall Fallon explained that he would be presenting the Town Center Overlay and hoped for concurrence to move it forward through the proper city channels. He explained the organized effort of Atlantic Beach, Neptune Beach and the Town Center Agency to protect the integrity of Town Center through substantial improvements to handscape and landscape. Mr. Fallon explained the purpose of the project was to propose changes to zoning. He referenced six letters of support that were received back from business owners in the Town Center District. Michael Dunlap gave a slide show presentation using the overhead. Photographs of different areas in Town Center were displayed with before and after comparisons. He presented the overlay outline addressing setbacks, height, use, lot coverage, lot area, landscape guide, parking and signage. After the presentation, he advised the next step would be to move it to the Community Development Boazd for comments and coordinate with the City of Neptune Beach. Mr. Fallon and Mr. Dunlap answered questions from the Commission. Mayor Wolfson thanked the gentlemen for their presentation and indicated that Town Center is a huge asset to both city communities. He explained the Commission should discuss the proposal during Strategic Planning in order to understand the concept and prioritize before sending it to the Community Development Boazd for comments. September 25.2006 REGULAR COMMISSION MEETING Paee 3 Mayor Wolfson requested feedback regazding Neptune Beach's position on the Overlay once the presentation has been made to them. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson indicated he had no report. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Public Works and Public Utility Departments, Utility Sales and Financial Report (City Manager) B. Waive the $10,000 bid requirement and approve none-time purchase order for palm trimming to All State Tree & Turf for $11,540.00 (City Manager) C. Extend the annual contract for Lawn Maintenance of City Pazks for one additional year to Cuyler's Lawn Service at the contract price (Bid No. 0304-2- re-bid) (City Manager) D. Extend the contract for Concrete Repairs for the Public Works/Utilities Department with Gruhn May, Inc. for one yeaz at the current prices (City Manager) E. Extend the contract for Beach Cleaning for one additional yeaz to Beachcombers at the current price (Bid No. 0304-23) (City Manager) F. Effective October 1, 2006, adjust the pay of the City Clerk using the classification as provided by the consultant (Springsted) using the same procedures and pay increases as provided to all other City non-union Grade 22 employees (City Manager) G. Approve the Loca1630, Blue Collaz, union contract for the period October 1, 2006 through September 30, 2009 (City Manager) H. Approve the Loca1630 White Collar union contract for the period October 1, 2006 through September 30, 2009 (City Manager) I. Approve the Police union contract for the period of October 1, 2006 through September 30, 2007 (City Manager) Mayor Wolfson read the Consent Agenda. Commissioner Fletcher left the meeting while the Consent Agenda was being read. Commissioner Borno asked that Item 4B, 4G, 4H and 4I be pulled from the Consent Agenda for discussion. Motion: To approve Consent Asenda as presented with the exception of Items 4B , 4G . 4H and 4I. Moved by Simmons, seconded by Borno Votes: Aye: 4 - Borno, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED (Commissioner Fletcher was absent for the vote.) Seutember 25.2006 REGULAR COMMISSION MEETING Page 4 Commissioner Borno addressed Item 4B explaining that separate action may be required because of the waiving of the 10,000 bid requirement. City Attorney Jensen explained that the Commission would need to determine either an urgency or an emergency to the issue in order to waive the bid requirements. Discussion ensued and during discussion Commissioner Fletcher entered the meeting. Commissioner Borno explained the urgency as referenced in the staff report. Motion: Approve waiving the $10.000 bid reauirement and approve a one time purchase order for trunmin~ to All State Tree & Turf for $11.540 00 with a 3 and 9proper pruning. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Borno indicated he had pulled Items 4G, 4H and 4I in order to congratulate and thank staff and the negotiator for their hazd work and for completing the process in time for the effective date of October 1, 2006. Motion: To approve Consent Agenda Items 4G . 4H and 4I collectively Moved by Borno, seconded by Waters 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 N0.06-11, Public Hearing and Final Reading on adopting a Tentative Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILEAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; STATING THE PERCENTAGE BY WHICH THE MILEAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE Mayor Wolfson opened the floor to a public heazing. No one from the audience spoke. Mayor Wolfson closed the public hearing. Seatember 25, 2006 REGULAR COMMISSION MEETING Page 5 Mayor Wolfson read the Resolution by title. He explained the first item to be considered is the adoption of Millage Rate, Resolution No. 06-11. He stated the Tentative Millage Rate is 2.9974, the Roll-Back Rate is 2.7213, the Tentative Millage Rate is 10.15% higher than the Roll-Back Rate, and the purpose for the increase in ad valorem tax revenue is to maintain adequate funding for the existing level of service at anticipated increased cost. Motion: Adopt a Millage Rate of 2 9974, Resolution No 06-11, for operating purposes. Moved by Borno, seconded by Waters Mayor Wolfson opened the floor to a public hearing. No one from the audience spoke. Mayor Wolfson closed the public hearing. Commissioner Waters asked for an explanation of Millage Rate and Roll-Back Rate. Finance Director Van Liere explained both. Commissioner Simmons pointed out the City of Atlantic Beach has the lowest millage rate of any of the five incorporated communities in Duval County and the city only gets back 17% of what is paid in. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Public Hearing and Final Reading on Ordinance No. 20-06-81 establishing the Operating Budget for Fiscal Year 2006/2007 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 Mayor explained the second item to be considered is Ordinance No. 20-06-81 establishing the Operating Budget for fiscal year 2006/2007 of $26,059,756. Motion: Adopt Ordinance No. 20-06-81 establishing the Operating Budget for fiscal vear 2006/2007. Moved by Borno, seconded by Waters Mayor Wolfson opened the floor to a public hearing. No one from the audience spoke. Mayor Wolfson closed the public hearing. Seatember 25.2006 REGULAR COMMISSION MEETING Paee 6 Commissioner Borno explained the proposed budget process by advising that three budget workshops were held and adjustments were made from the original proposal. He believed Staffand the Commission worked diligently and did a good job this year. Commissioner Waters advised the Commission that Former Commissioner Paul Parsons contacted him to request an additional $10,000 be placed in the budget for Art. He explained Mr. Parsons believes additional money would enhance his negotiations with other entities and would be appreciated. Commissioner Borno believed the budget should be approved as presented and if the Commission decided to consider additional amendments to the budget, it could be done at a later time. Commissioner Simmons reminded everyone that the item was already discussed during a budget workshop. Mayor Wolfson agreed and indicated the Commission decided, at the budget workshop, not to increase it. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 80-06-73, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION 22-27 CHARGES FOR WATER SERVICE, TO INCREASE THE WATER BASE AND VOLUME CHARGES FOR RESIDENTIAL, IRRIGATION AND COMMERCIAL CUSTOMERS: AMENDING ARTICLE III WASTEWATER SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION 22-166 MONTHLY WASTEWATER BASE FACILITY CHARGES TO INCREASE RESIDENTIAL AND COMMERCIAL BASE CHARGE RATES; AND AMENDING SECTION 22- 167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO INCREASE THE RATES FOR WASTEWATER VOLUME CHARGES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS Mayor Wolfson read the Ordinance by title only. He opened the floor to a public heazing. No one from the audience spoke. Mayor Wolfson closed the public heazing. Motion: Anorove Ordinance No. 80-06-73 as read Moved by Borno, seconded by Waters Commissioner Borno pointed out the ordinance increases the base rate by three percent (3%). He explained the rates aze behind by about eleven percent (11%) or twelve percent (12%) which makes it necessary to adjust incrementally in the next few years in order to bring it up to a stable condition and not supplementing it from other funds. Seutember 25.2006 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Ordinance No. 45-06-18, Public Hearing and Final Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, ARTICLE III, OCCUPATIONAL LICENSE TAX, AMENDING THE TERM LOCAL OCCUPATIONAL LICENSE TAX TO LOCAL BUSINESS TAX; AMENDING SECTION 20-51, DEFINITIONS, TO CHANGE THE TERM FOR LOCAL OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX AND TO ADD A DEFINITION FOR RECEIPT AS IT RELATES TO BUSINESS TAXES; AMENDING SECTION 20-59, SCHEDULE OF FEES; AMENDING PROVISIONS IN ARTICLE 1V. INSURANCE PREMUM TAXES, SECTIONS 20-76 THROUGH 2O-78, TO CONFORM TO THIS NEW TERMINOLOGY; PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only and opened the public hearing. No one from the audience spoke. Mayor Wolfson closed the public hearing. Motion: A~nrove Ordinance No. 45-06-18 with two modifications. change the effective date to January 1.2007 instead of October 1 2006 and the solicitation door-to-door fee remain at 535.00 with no increase made to it. Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Before addressing Miscellaneous Business Items, Mayor Wolfson made a motion Motion: To Reconsider Ordinance No. 90-06-195 Moved by Wolfson, seconded by Borno Mayor Wolfson explained that he had asked the City Attorney if it would be permissible for him to do this by Robert's Rules. He reported that he was on the prevailing side on the Ordinance but not on the prevailing side on the amendment. He asked that the City Attorney correct him if he is wrong. Mayor Wolfson expressed his desire to make a reconsideration of the FAR from .54 to .60. Commissioner Borno asked if that was a motion. Mayor Wolfson explained he had a motion for discussion and that he is asking for reconsideration for that part of the ordinance. Commissioner Simmons believed that a reconsideration can not be done. Mayor Wolfson asked for clarification. Commissioner Simmons explained that if a vote on a motion is not reconsidered on the day the vote was taken or on the next succeeding day, the vote Seatember 25.2006 REGULAR COMMISSION MEETING Page 8 cannot be reconsidered at the next meeting. She read from Robert's Rules which stated when a permanent organization has weekly or monthly meetings, and when usually only a small percentage of the members aze present, it seems best to permit a reconsideration to hold over to another meeting so that a lazger portion of the group will be aware of what actions is taken. She pointed out the Commission meets twice a month but that all of the members were present at the last meeting, for all the public hearings, for all the Commissioner comments and for the votes on the Ordinance. Commissioner Fletcher indicated that was also his understanding. City Attorney Jensen advised in Section 2-19 of the City Code states, rules governing the conduct of the City Commission business, Rules of Conduct and Procedure of Meetings, Rule 20., after the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. Commissioner Simmons asked for the meaning of "after some question". City Attorney Jensen explained voting the question. He reported that Mayor Wolfson voted in favor of the Ordinance which contained the .54 FAR. Mayor Wolfson asked if Commissioner Simmons understood that explanation, then asked Commissioner Fletcher the same. Commissioner Simmons answered yes. Commissioner Fletcher answered yes, but raised an objection to consideration of the question which has no debate (referred to Robert's Rules) requiring an immediate vote. Mayor Wolfson believed that to not be valid. Commissioner Fletcher asked for guidance from the City Attorney regazding the objection to consideration of the question, requiring no debate, and requiring atwo-thirds vote. City Attorney Jensen asked to clazify consideration of what question. Commissioner Fletcher explained the Mayor's question of reconsideration. Mr. Jensen advised the Mayor has a motion and a second on the floor. Commissioner Fletcher indicated he did not heaz a motion or a second. Mayor Wolfson reported he had motioned to reconsider and Commissioner Borno seconded it. Commissioner Fletcher expressed his desire to move to postpone indefinitely. He asked the City Attorney whether it would require a debate or an immediate vote. Mr. Jensen and Commissioner Simmons both referred to a list and found Commissioner Fletcher's motion to postpone indefmitely as a debatable motion. Commissioner Simmons explained there is a motion on the floor and a second to reconsider, but then another motion would be needed. Before she was able to finish, Commissioner Fletcher indicated that he has a motion on the floor to postpone indefmitely. Mayor Wolfson asked what he is postponing indefmitely. Commissioner Fletcher answered this reconsideration which requires a second, a debate and a vote. Motion: To nostnone the reconsideration indefinitely Moved by Fletcher, seconded by Simmons Mayor Wolfson moved the motion to a discussion. Mr. Jensen raised a point of order indicating that he is not sure if that motion takes precedence over the original motion that was made. Commissioner Borno agreed. Mr. Jensen recommended that the Commission act on the motion for reconsideration. SeD1ember 25.2006 REGULAR COMMISSION MEETING Pace 9 He went on to explain voting up or down a motion for reconsideration is not changing anything, it just means that you are going ahead to reconsider it. Commissioner Fletcher read from a book on Robert's Rules of Order, Subsidiary Motions- Number 1. It stated, if an embarrassing main motion is brought before the assembly, a member can propose to get rid of this question without bringing it (meaning main motion) to a direct vote by moving to postpone indefinitely. ROHR, Tenth Edition, page 121-24. He indicated it was a superseding motion. Mayor asked the City Attorney for his guidance. Mr. Jensen indicated that the City's Ordinance does not address that. Mayor Wolfson asked Commissioner Fletcher to reiterate his position. Commissioner Fletcher explained he is moving to postpone indefinitely the Mayor's motion and that it is a subsidiary motion to dispose of a main motion. He stated, again, if an embarrassing main motion has been brought before the assembly, a member can propose to get rid of this question without bringing it (meaning main motion) to a direct vote by moving to postpone indefinitely. Mayor Wolfson indicated they have a motion and a second and it will require a vote. Commissioner Fletcher believed his motion will supercede the main motion made by the Mayor. Commissioner Fletcher apologized to the Mayor and the Mayor explained no apologies are necessary that this is procedural and is not a problem. Commissioner Borno asked if it was open for debate. Mayor Wolfson asked if he was correct by accepting this as superseding the motion. Mr. Jensen indicated he did not know. Mayor Wolfson believed Commissioner Fletcher's motion would need to be debated. Commissioner Fletcher explained there was a motion and a second to postpone indefinitely which requires debate and a vote. Commissioner Borno asked whether everyone is following Robert's Rules or following the rules in the City Ordinance of how we (the Commission) do business. Mayor Wolfson indicated his Reconsideration Rule is in our ordinance and that should be used. He indicated an option would be to waive Robert's Rules and follow the city ordinance. Commissioner Fletcher asked for point of order. He explained there was a motion on the floor. Mayor Wolfson explained he was waiting for a response from the City Attorney and asked Commissioner Fletcher to allow the City Attorney to respond. Commissioner Fletcher said he felt a little highjacked. Mayor Wolfson said he is not being highjacked at all. Commissioner Fletcher repeated he feels highjacked. Mayor Wolfson explained there is no highjacking here. Mayor Wolfson explained how he felt about it and now he is following his last recourse. He explained he has a right to make a motion to reconsider which is the right and prerogative for any Commissioner. Commissioner Waters added, who votes on the prevailing side. Mayor Wolfson reiterated that with a vote on the prevailing side that is the right of any Commissioner. Commissioner Fletcher asked if he wants to open it for debate. Mayor Wolfson indicated he wants to wait for Mr. Jensen's response first before moving forward. Mr. Jensen indicated the Commission would have to determine if the motion that Mayor Wolfson made to reconsider is an embarrassing main motion according to the Rules. Commissioner Fletcher offered clarification for why that quote appears somewhat valid although the word is strong. He explained that two and a half to three years have been spent reviewing proposals and considerations, that a fair vote was taken after much public discussion (difficult public discussion) and that the motion to reconsider would bring up a lot more contention which no one wants. Seatember 25, 2006 REGULAR COMMISSION MEETING Page 10 Mayor Wolfson explained that the information he brought forwazd at the last meeting regazding the .60 FAR was considered and was moved to a motion and was moved for discussion. He further explained that he put it on the overhead and there is an avenue in a motion to reconsider if you bring information to the table late for discussion. He advised that Mr. Jensen had the book and it is in Robert's Rules. He reiterated that it was not meant to highjack but that said it was the last opportunity for any of the Commissioners to think about it further and revisit before it's finalized. Commissioner Fletcher responded, like any zoning law, they are fairly fluent and the Commission could return to them after a period of time to make changes as needed. He indicated that he does not see this as a fixed FAR or a fixed ordinance. However, he felt the Commission took two and a half years and one hundred thousand dollars to do it the right way with due process, thorough information and a lot of public debate that was difficult. He expressed his satisfaction with the process. Mayor Wolfson indicated no one is questioning the process. He indicated this was the final piece of the process. Commissioner Fletcher expressed he would have preferred to heaz about the Beverly Hills idea eazlier in the process. Mayor Wolfson indicated the Beverly Hills idea did not come to his attention until it was written in the article on August 27~', so there was no way for anyone to heaz it before then. He explained the point was not for the city to follow Beverly Hills, but for them to understand that the same measurement was arrived at within 100 square feet using a different methodology. Commissioner Simmons noted that the discussion is way off base. The Mayor agreed and steered back to the debate. Mr. Jensen reported, as he referred to standard descriptive characteristics in the Robert's Rules of Order, the motion to reconsider with respect to making the motion takes precedence over any other motion whatsoever and yields to nothing. Mayor Wolfson clarified Commissioner Fletcher's motion is not appropriate. Mayor Wolfson restated his motion to reconsider and pointed out the part that he wants to reconsider is change from the .54 FAR to .60 FAR. Commissioner Simmons indicated that she was confused explaining that there is a motion to reconsider but does not think you can reconsider parts of it. She also indicated that they should reconsider that motion and should vote yes or no. Then, should have a motion to change the FAR which would have to be done by someone on the prevailing side of that vote. Mr. Jensen explained the Mayor was on the prevailing side of that vote and he voted to approve the .54 FAR. Commissioner Simmons asked if the motion is to Reconsider the entire ordinance. Mr. Jensen disagreed. He believed the motion was to Reconsider the FAR, in that, the portion of the Ordinance pertaining to FAR. September 25.2006 REGULAR COMMISSION MEETING Page 11 Commissioner Simmons asked if it could be done without an announced Public Hearing and the Mayor confirmed that it could according to Robert's Rules. Commissioner Simmons acknowledged it may be Robert's Rules but asked if is was part of our code. She further explained that the city code says in order to make a change to an ordinance, you must have a public hearing and an ordinance is on the books as of September 11 m. Mr. Jensen suggested that if the Commission is going to vote to reconsider this part of the ordinance, that they then schedule that on the next agenda. Also, if it is voted down, it is dead tonight, if it is approved, he suggested that the Commission consider any change to that ordinance at the next meeting. Commissioner Fletcher responded to the initial request by the Mayor by moving to appeal his decision to revisit this issue and asked Mr. Jensen for his guidance. Commissioner Fletcher read from Robert's Rules of Order regazding appeals. Mr. Jensen asked what he exactly wants to appeal. Commissioner Fletcher said he wants to appeal the Mayor's decision to bring this matter up and revisit the FAR. Mr. Jensen explained that was not a decision of the Chair, like being out of order or something like that, but was just a motion that he has brought to the Commission. Mayor Wolfson asked for clarification on whether his motion of reconsideration would be for the entire Ordinance. Mr. Jensen indicated his understanding of the motion was to reconsider that part of the Ordinance that addressed the FAR. Mayor Wolfson confirmed. Mr. Jensen suggested that, especially in light of the public interest, if that motion is passed tonight, any proposed change in the FAR should be brought up at a future meeting by placing it on the agenda which makes it publicly noticed. He explained that would help so the public doesn't think the Commission is doing something they didn't know about. Mayor Wolfson stated he understood. Mr. Jensen reiterated that the Commission votes tonight on the motion to reconsider, if that's approved, then they reconsider at the next meeting after public notice. If it is voted down, then it is done with. Mayor stated there is a motion on the floor to reconsider and asked if there is any other discussion. Commissioner Simmons asked the Mayor if he thought he caught the Commission off guazd tonight. Mayor Wolfson reiterated that it is the privilege of a Commissioner and he is not trying to catch anyone off guazd. He further explained it to be an effort for reconsideration of the FAR to go from .54 to .60 and that he brought information forwazd for evaluation. He explained that if the consensus is to not reconsider this then vote accordingly tonight and if the motion fails, then there is nothing more that can be done and would be over with. Mayor Wolfson expressed that he took offense to that and has not tried to catch anyone offguazd about anything. He explained he has a right as a Commissioner, to Robert's Rules, to make a motion as on the prevailing side to reconsider. September 25.2006 REGULAR COMMISSION MEETING _ Paee 12 Commissioner Borno stated that he had been contacted by several people, more than three, regarding how he felt about the overall vote and the relationship to FAR and that they had all read how he felt about the FAR to begin with. He reported that after listening to them, they made good common sense and would like to say that he wants all the citizens of Atlantic Beach to clearly heaz and understand why he is considering increasing the FAR from .54 to .60. Commissioner Borno stated the following: "It is to provide for all the citizens that will be affected by the FAR to have enough advantage as possible, if needed, during this interim period when FAR is part of our current ordinance. I wish for all the citizens of Atlantic Beach to know that I will continue to work diligently to have FAR removed from our ordinance until that can take place in the future. I have not changed my firm belief that any FAR number could not have allowed the City of Atlantic Beach to exist as it does today and will never be appropriate for use in determining what our city would look like in the future. I am against McMansions and firmly believe the use of FAR is restrictive and not proper to our homeowners that have had a need to either enlazge or construct new homes in the future. That is my feelings right now. I am willing to give them the advantage of looking at .6." Mayor Wolfson believes that a .60 is a fair place to start and am just looking for that opportunity to reconsider that portion of it and have no intention of voting against this if it is a .54 or a .60. He stated his position is that he will vote in favor of the Ordinance with a .54 or with a .60, but his preference would be to go with a .60. He reiterated that it was all he was asking for reconsideration on. He indicated that his commitment is to the ordinance and would prefer the reconsideration for the .60. Commissioner Fletcher understood that they all have a right to reconsider, but felt a little fiustrated because it "pops" it up and he would prefer to be prepared and to think about things thoroughly. He believed the Mayor was trying to reach a more compromise of a FAR. Mayor Wolfson answered that was part of what he was doing. He explained he sees the divisiveness in the community beyond anything ever imagined. He indicated he was looking for a way to start the healing process that Commissioner Waters mentioned in his prayer tonight. He indicated he felt all along that the .60 is a fair position. He advised he had discussed it with moderates and it was a concern. He believed that elected officials have that responsibility to find some way to start this healing process sooner rather than later. Commissioner Fletcher stated that was his impression. He believed that the Commissioners tried all along to reach compromises. He explained he does not feel the community has been split. He advised he had met a moderate, very reasonable minded person of the core group over lunch on the Thursday before the Monday night final vote to find out what was wanted. He reported that on a 50' by 130' lot, an 8,000 square foot house was his offer. He explained he could not compromise. He does not believe that the core group will see a .60 as a compromise. Mayor Wolfson stated that is exactly his point. Mayor Wolfson believed the core group will never see anything less than 7,200 square feet as a compromise and that is unacceptable and not where the moderates are. He indicated he spoke to moderates who are very comfortable with the .60 FAR. He explained if the .60 doesn't work, the Community Development Board September 25.2006 REGULAR COMMISSION MEETING Pace 13 can come back and make some suggestion that it should go to a .54. Commissioner Fletcher believed that it can go up but not down. Mayor Wolfson asked for reconsideration on the moderate position of a .60. Commissioner Simmons added she had not heazd any consideration of the moderates on the other side who she said has expressed thanks for sticking to her guns and staying where we we are which is already a compromise. She believed that side had been sold out in the process and not considered. She believed the healthiest thing for the community is to drop it at this point, see where it goes and then consider it down the line. She indicated it had been quiet and peaceful for a few weeks. She felt to bring it up again and put everybody on the line, more public heazings, another packed room, another set of letters to the editor, and another set of anger is very unfair to the community. Mayor Wolfson acknowledged Commissioner Simmons' points. Commissioner Waters believed this to be a political compromise and was ready to vote. Commissioner Waters called the question. Mayor Wolfson advised the Commission there is a motion on the floor to reconsider the FAR from a .54 to .60. (Restated Motion) Motion: To Reconsider the FAR from .54 to .60 in Ordinance No. 90-06-195. Roll Call Vote: Borno -aye Fletcher -nay Simmons -nay Waters -aye Wolfson -aye Votes: 3-2 MOTION CARRIED Mayor Wolfson explained the reconsideration of .54 versus .60 will be addressed at the next meeting. Miscellaneous Business 8. Miscellaneous Business A. Request from General Employee and Police Employee Pension Board of Trustees for aone-time 3% cost of living adjustment (COLA) for city retirees and beneficiaries (City Manager) City Manager Hanson reported the city's two pension boazds recommended a three percent cost of living be provided to the city retirees and referred the Commission to the staff report for the explanation and cost. Mr. Van Liere explained several options were discussed and the cost estimates for each are within the attached Actuary Report for consideration. September 25.2006 REGULAR COMMISSION MEETING Pace 14 Motion: To Denv the Request from General Emolovee and Police Emolovee Pension Board of Trustees for gone-time 3% cost of living adjustment (COLA) for city retirees and beneficiaries Moved by Borno, seconded by Waters Commissioner Borno explained decent adjustments have been made over the years and expressed concern that the cost would total over a half million dollars ($500,000) over the next fifteen years of a commitment. He expressed he cannot support it. Commissioner Waters believed the request has merit but problems do exist. He suggested deferring the request to allow the Commission to look into the issues more closely while understanding that the retirees leave the city at an income in dollars that are worth a lot less today. He believes the other options provided should be reviewed. Mayor Wolfson withdrew his second, Commissioner Borno withdrew his motion. Motion: To defer until the meeting on October 23.2006 Moved by Waters, seconded by Fletcher Commissioner Borno pointed out each Commissioner should give direction to staff as to what to bring back to them. Commissioner Waters agreed. Mr. Van Liere explained the boards position and further explained the 3% COLA can not keep up with inflation which is understood by the board, but could be viewed as a periodic assessment that maybe they are due for an increase. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Annual renewal of City Insurance (excluding Employee Benefits) City Manager Hanson explained the city's insurance is up for renewal each year and earlier discussions took place during the budget process considering anticipated increases. He reported the figures came in lower than estimated and recommended approval of the City's insurance as listed in the staff report, which is attached and made part of this official record as Attachment A. Mayor Wolfson pointed out the figure for the Automobile coverage indicates the dollar amount went down but the percentage went up and asked for clarification. Human Resource Manager George Foster reported the percentage was incorrect and that it should be a decrease or (-) instead of an increase or (+), Motion: Approve Annual Renewal of the Citv's insurance (excludinE Emolovee Benefits), as indicated below the column marked 10/1/06. effective October 1. 2006. Seatember 25.2006 REGULAR COMMISSION MEETING Pace 15 Discussion ensued regazding the deductibles. Mr. Foster reported the deductibles range from $5,000 to $25,000 depending on the type of occurrence. He indicated that next yeaz, the insurances are due to be studied thoroughly and deductibles will be part of that study. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Mayport Road Medians -Landscape Options Public Works Director Rick Carper referred the Commission to his staff report and explained a selection of a particular landscape option is necessary at this time. He explained the various options and reported the comparisons related to maintenance, cost, safety concerns and benefits of each. He presented a slide show on the overhead containing photographs and specifications of the plants and trees within the vazious options for consideration. He answered questions from the Commission during the presentation. Commissioner Borno expressed concern whether the medians would need to be handicap accessible. Mr. Carper indicated they would not since they aze not at crosswalks. Further discussion ensued regazding each option being considered. Motion: Anarove Landscape Oation A. Moved by Borno, seconded by Fletcher Commissioner Borno recommended eliminating the Palm Trees and replacing them with Crepe Myrtle. Discussion ensued regazding the different tree choices and how they compare. Commissioner Fletcher withdrew his second. Mayor Wolfson seconded. Issues were brought up regazding pedestrian crossing. Votes: Aye: 2 - Borno, Wolfson Nay: 3 -Fletcher, Simmons, Waters MOTION FAILED Motion: To Recommend ADnroval of Landscaue Oation C. Moved by Simmons, seconded by Fletcher Seatember 25.2006 REGULAR COMMISSION MEETING Page 16 Mayor Wolfson expressed his opposition to Option C because of the safety concerns. He believed the perception would be that it is a safe crossing and therefore, would encourage crossing in mid median. Commissioner Borno agreed with the Mayor and added it could be a liability issue. Votes: Aye: 3 -Fletcher, Simmons, Waters Nay: 2 - Borno, Wolfson MOTION CARRIED Motion: To add Creme Mrvtles to Landscape Option C Moved by Simmons, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Fletcher called a point of information going back to the issues of Robert's Rules of Order. He believes when they have called a previous question, the Commission is being very loose with that, in that, it does require atwo-thirds majority Vote to even call a question because it limits debate. Commissioner Fletcher requested that in the future a vote be taken whenever a question is called. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson announced the city will provide Flu shots to city employees on Wednesday, October 4~' from 10:00 am until Noon and invited Commissioners to get one. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno - Thanked staff and particularly Nelson Van Liere for their hard work on the budget. Commissioner Waters - Thanked the City Manager for his letter replying to Ann Winfree who sent information on Palms. He indicated it was timely and informative. Seatember 25.2006 REGULAR COMMISSION MEETING Paae 17 - Advised he received a call from a Mr. Stengel at 340 Sailfish Drive indicating his yard has been vandalized six times and is looking for relief from the problem. - Indicated that Selva Linkside made a request tonight and wanted to know if Selva Marina is going to discuss, with the city, what their plans are at this point. City Manager reported he has plans to meet with the Country Club representatives in October to discuss the proposed project. - Commented on the vote on the FAR tonight advising he has a problem with changing the FAR because of it affecting lots that are five thousand square feet. He believed that if the FAR changed, other areas of the Ordinance would need to be revised also. He requested that if any further information goes out to include examples of the excluded areas. Mayor Wolfson - Commended the City Staffthat was involved in the effort to acquire the Buckman Land Trust. He advised the Commission that the city has made the cut and is now in the position for contingency funding from the state. He expressed he is pleased with where the city is now on the effort. Commissioner Borno - Borno requested a copy of the agreement between the City and Fleet Landing regarding the use of the back east gate. He believes it should be reviewed and does not think it will reveal the same as what the citizen presented earlier tonight. Mayor Wolfson agreed and asked the City Manager to provide a copy. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:16 pm. 1 Donald M. Wolfson, Mayor/Presidin Officer ATTEST• ~~ Donna L. Bussey City Clerk ATTACHMENT A SEPTEMBER 25, 2006 COMMISSION MTG CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Approve renewal of City Insurance (excluding Employee Benefits) as indicated below. SUBMITTED BY: George Foster, Human Resource Manager DATE: September 19, 2006 BACKGROUND: The major increase, as a percentage, was with property insurance and is attributable to the storms within Florida during the past year. Renewal rates for October 1, 2006 are indicated below Tyt~e 10/01 /04 10/01 /OS 10/01 /06 Automobile 73,319 78,381 75,025 + 4.28 Property 111,997 134,761 230,369 +70.95 Liability Gen 38,486 39,552 43,904 + 11.00 Police 24,998 24,998 24,998 + 0.00 Pub Official 19,559 9,500 10,532 + 10.86 Emp Practice In above 10,059 10,059 + 0.00 Crime/Dishonesty 1,191 1,223 1,211 - .98 Environmental 28,930 30,377 30,377 + 0.00 Workers' Comp 278,745 269,496 286,345 + 6.25 Fiduciary 4,242 4,255 4,520 + 6.23 Police Statutory 948 1,046 1,046 + 0.00 Totals: 582,415 603,64x 718,386 + 19.02 +47,809 +21,233 +114,738 + 8.94% + 3.65% + 19.02% BUDGET: As insurance renewal rates are not normally received until September, an estimate was included within the FY06 budget that is sufficient to cover the above increases. Although these funds are sufficient to pay the above premiums, additional funds may be required during the year for claim deductibles. RECOMMENDATION: Approve renewal of the City's insurance, effective October 1, 2006, as indicated above. REVIEWED BY CITY MAN R: ~