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Draft Min 8-13-07MINITTES 1gEG~[TLAI2 CITY COlVI1VIISSION 1VIEETING August 13, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson Mayor Pro Tem J. Dezmond Waters III Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher City Manager Jim Hanson Commissioner Sylvia N. Simmons City Clerk Donna Bussey Call to OrderlPledge 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 acknowledged the upcoming birthdays of City Manager Jim Hanson on Tuesday, August 14, and Commissioner Dezmond Waters on Wednesday, August 15 and congratulated them on reaching another milestone. He then welcomed the audience and explained the process for public comments. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on July 23, 2007. Motion: Annrove the minutes of the Regular Commission Meeting on July 23, 2007, as written. Moved by Fletcher, seconded by Borno. Votes: Aye: 5 - Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Wolfson opened the Courtesy of the Floor to Visitors. Stephen Kuti,1132 Linkside Drive, expressed his disappointment when reading in the Beaches Leader and Shorelines the proposal to reduce the Police Department staff. He suggested again hiring full-time engineers to replace the consultants currently used as a solution to save money and the Police Department staff. He also suggested the City look at a company in Conyers, Georgia that manufactures steel frame industrial buildings, as an alternative for the new police building. He stated these buildings cost a fraction of what a wood frame building does. Mayor Wolfson stated, for the record, the recommendation to cut Police Department staff was not by the Chief. The Chief was given an assignment by the City Manager, as were all department heads, to come up with areas where the Commission could look if they felt we needed to start cutting. He stated this was not a strong recommendation by the Chief; it was just what he proposed if the City felt they must cut to come into compliance with the reductions. Aagust 13.2007 REGULAR COMMISSION MEETING Page 2 David Rouleau, 982 ©cean Bivd., questioned why his water bill couldn't be automatically deducted from his credit card each month, instead of having to call every month to put it on his credit card. He also stated that the street light positioning and the curvature of his street give him very little light at his address. He also believes the City should not eliminate the crossing guard on Seminole because if the position is eliminated a police officer would fill in which would cost the City a lot more than the crossing guard. Mayor Wolfson stated again eliminating the crossing guazd is just a guideline, not a strong recommendation. Sally Clemens, 1638 Park Terrace West, spoke regarding pay raises and stated she is not against pay raises but believes automatic, across-the-board pay raises are not appropriate with the financial climate of today. Michael Haffmann,176 Camelia Street, stated he believes a cut in the police department would only cause an increase in overtime. He also addressed the Commission regarding an urban forester stating his request has been made to the City Manager through a Commissioner on three occasions and stated the City Manager refused that request three times. He stated he wrote a letter to Shorelines in May 2007, where he asked why is the City Manager, an appointed official, in a position to disregard repeatedly a request coming from a Commissioner, who is elected by the people. Mayor Wolfson referred to the last meeting's minutes, stating Mr. Hanson said when he has been asked about this from the Commissioners he has pointed out that he believes it is a rather foolish idea because the City uses their money for street-side trees, not to plant trees in the middle of the woods, which is what Mr. Hoffmann has been advocating for quite some time. Mayor Wolfson stated also what Mr. Hoffmann is refemng to, as stated in the minutes, is Mr. Hanson stated no Commissioner has every asked him to get plantings done in that area and stated Mr. Hoffinann has raised the issue, wanting plantings for the woods for several years. Mayor Wolfson stated Mr. Hoffmann's position is that Mr. Hanson has received communications from a Commissioner asking him to get plantings done in the azea. Mr. Hoffinann stated he would go along with that, but his view is that anything that happens in terms of landscaping needs to begin with the urban forester, which has been the point of his initiative. Mayor Wolfson stated the City Manager and he have not discussed this since the last meeting and the City Manager explained for the record, as stated in the minutes, that he is not advocating plantings being done in that particular location because of the possibility of there being a home built in that particulaz area in the future. Mayor Wolfson asked Mr. Hoffmann if he is saying that a Commissioner asked Mr. Hanson to plant trees in that area. Mr. Hoffmann stated he made the request of a Commissioner to go to Mr. Hanson to get an urban forester or azborist to look at his neighborhood. He stated the area the City owns property on is only one part of what he requested. Mr. Hoffmann stated it has to begin with a professional coming in there because he is not going to make suggestions, he is not an azborist. Mr. Hoffmann stated he does think there are ways of enhancing his neighborhood by landscaping and reducing the pollution and he doesn't understand why the City Manager has dug in his heels and said no. Mr. Hof&nann stated he doesn't believe the City Manager even has the right to do that, if the Commission would take a stand. Mayor Wolfson stated if a Commissioner did that he would hope that Commissioner would step forward and say he/she has made that request of the City Manager and the City Manager has refused to respect that request of the Commissioner. Commissioner Fletcher stated it was he, and asked Mr. August 13, 2007 REGULAR C®MMISSI©N MEETING Pace 3 Hoffmann to call him again, then he will discuss it again with the City Manager. Commissioner Fletcher stated in the coming weeks, he will go out there with Mr. Hoffmann to see what he is looking at. No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to Visitors. Item 8A was taken out of sequence and addressed at this time. Miscellaneous 8. Miscellaneous Business Business (8. A. Taken A. Public hearing to authorize transmittal to the Department of Community Affairs out of Sequence) of the proposed Public School Facilities Element to be added to the 2015 Comprehensive Plan in accordance with and as required by 2005 Senate Bill 360. Steve Lindorff, Planning and Development Director for Jacksonville Beach, 2092 Vela Norte Circle, addressed the Public School Facilities Element before the Commission, explaining this is a gift from the legislature, which brings before everyone in local government the issue of public school concurrency. He stated concurrency, in this case, means there has to be a chair for the child to sit in at the time the child needs to have one to sit in. He stated this is one part of athree-legged stool, consisting of the public school facility element, an lnterlocal agreement that will be ultimately approved and signed by all five of the cities in Duval County (Jacksonville, the three beaches, and Baldwin) and the Duval County Public School system. He stated the third leg, which will follow up with the approval of the first two items by the State Department of Community Affairs, is a public school concurrency ordinance. Mr. Lindorff introduced Margaret Moehring, Division Chief of Strategic Planning Division for Jacksonville; T,R. Hairline, Attorney with Rogers Towers, who was the Chair of the Joint Planning Committee (a group appointed by the School Board and the City of Jacksonville to lead this process); and Karen Wolfson, also a member of the Joint Planning Committee. Mr. Lindorff stated this element sets a Level of service for schools, establishes the student generation rate, defines concurrency service areas for the county, which are nine in number for high schools and elementary schools and eight in number for middle schools. He stated it sets out a process where residential developments that come before local governments will be evaluated initially by the School Board staff to determine whether or not they meet the concurrency requirement for public schools. He stated if the School Board's findings aze that they don't, those developments will basically go to a mediation negotiation process where the School Board will find ways of addressing the shortfall and entering into agreements with the developers to basically define how they would meet the concurrency test. T.R, Hainline,1301 Riverplace Blvd., named those who reviewed this document from the Joint Planning Committee as Kevin Hyde of Jacksonville City Council, Chris Barnes of Duval County School Board, Reggie Fullwood a former City Councilman, Jim Gilmore a development consultant, Matt Corrigan of UNF, Kaeen Wolfson wife of the Mayor of Atlantic Beach, Chris Mazks of St. Joe, and Steve Bloomfield a psychologist. He stated they relied heavily on the reports of the ILA team, which is the City and School Board staff who did most of the drafting. It was this draft document that was transmitted to the Department of Community Affairs, which is just part of the August 13, 2007 REGULAR C®MI~IISSION_iV1Et;TING Page 4 job. He stated that document comes back from the DCA with comments that they will have to look at again. The Interlocal Agreement and the School Concurrency Ordinance will be much more specific than this transmittal. Motion: Direct staff to transmit uronosed Public School Facilities Element to Department of Community Affairs far review Moved by Fletcher, seconded by Borno Commissioner Fletcher stated this is of incredible importance to a number of surrounding counties and parts of Duval County. This involves the developers in the cost of educating our children. He stated he feels very strongly that this is needed. Mayor Wolfson opened the floor to the Public Hearing. No one from the audience spoke so the Mayor closed the Public Heazing. Commissioner Waters stated he believes this action sticks the cities in the middle of an argument between the School Boazd and developers and asked if it could not be done more quickly between the aggrieved parties, i.e. the School Board and the developers. Mr. Lindorff stated the reason we get it on the city level is because we are the land use regulatory bodies and make the decisions on site plans for multi-family developments and subdivision plats for single family developments. He also stated it makes local governments the heavies in terms of imposing the requirements but in no way does it saddle the governing bodies of the cities with any responsibility to provide facilities for the school system. He stated if it goes through a concurrency test and it is found that there is not sufficient capacity to be had as it is defined in the agreements, it is the School Board's responsibility to come up with a solution to that problem, whether it is adding classrooms, building a new school, or charging the developer money which the school board can then use to put in relocatables on a temporary basis while they find a permanent solution. He stated basically, the local governments are just the gatekeepers. Commissioner Borno congratulated the Committee who worked on this project as well as Sonya Doerr for her presentation to the Community Development Board. Commissioner Simmons stated from having attended the Community Development Boazd meeting on this issue she has no questions. Mayor Wolfson stated Atlantic Beach Elementary is only at 55% of enrollment capacity and asked what the other feeder schools into the middle schools at the beaches are running now and what is the capacity at Fletcher. Mr. Lindorff responded all of the elementary schools are below capacity. He stated Mayport Middle is below capacity, Fletcher Middle and Fletcher High School are both above capacity. He stated the level of service has been set by the joint planning committee and it has been agreed to by Jacksonville at 105% of capacity. He stated Fletcher High School has a plan in place that will start with getting harder on the rules on attendance. He stated Fletcher High is quite a bit over capacity at this time. He stated amid-term solution to that is when they build the school on 9A and August 13, 2007 REGULAR COMMISSION MEETING Page S Baymeadows, some adjustments will be made at Sandalwood which will have a positive domino affect on the capacity at Fletcher. He stated the School Board believes Fletcher will be at or below 100% in five years. Mayor Wolfson asked what the status is of the City of Jacksonville's transmittal. Mr. Lindorff stated they have transmitted. He stated Jacksonville Beach has not yet transmitted and felt it was prudent to wait for Jacksonville to finish so what they sent would be 100% compatible with what Jacksonville sent. Commissioner Borno stated he spoke with Principal Gilbert from Fletcher High and was told Fletcher is trimming the student population by 100 a year and Principal Gilbert expects to be down to his ceiling, or below it, in five years, so they are roughly 500 students over capacity. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Ms. Doerr and Mayor Wolfson thanked and commended the committee for their efforts in this transmittal. Unfmished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Public Works and Utilities Report and Local Business Tax Receipts for July 2007 and Quarterly Public Safety Report ending June 2007. B. Award the contract for Street Sweeping of FDOT Roads, City Streets, Public Works Yard and City Hall (Bid No. 0607-15) to USA Services for a total of $26,160.00 a year. C. Award the annual contract for Bid No. 0607-10, Annual Janitorial Service, to Miracle Janitorial Services, LLC. D. Extend the annual contracts for environmental laboratory services (RFP No. OS- 6) for one additional year to Advanced Environmental Services, Inc. and Columbia Analytical Services at the current contract prices, and authorize staff to use Water Laboratories for bacteriological testing. August 13, 2007 REGULAR COMMISSION MEETING Page 6 E. Extend the contract for Concrete Repairs for the Public Works/Utilities Department one year at the current prices (Bid No. 0405-26). Commissioner Fletcher asked that Item 4B be pulled. Motion: Approve Consent Agenda A, C, D & E as read. Moved by Simmons, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Siummons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Fletcher asked Mr. Carper if Item B is an essential service. Mr. Carper stated bid items 1 and 2 are essential services in that Item 1, sweeping of the city streets on a bi-monthly basis, is required by NPDES municipal separate storm sewer permit. The alternate bid items were recommended but are not required, which amount to $1,260. Motion: Approve Consent Agenda B as read. 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 No. 07-OS A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT RENEWAL BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTNE DATE Mr. Hanson stated this is a continuation of a contract the City has had for many years with the DOT where we maintain the right-of--ways and drainage ditches and stated they have not changed the amount they pay the City this year. Mr. Hanson recommended the City continue with this contract because it allows us to maintain some of the State right-of--ways at a level we have become accustomed to. Motion: Approve Resolution No. 07-05 as read. Moved by Borno, seconded by Waters Au~vst 13.2007 REGULAR C®MMISSI®i~T MEETING Page 7 Commissioner Fletcher asked Mr. Carper if it is correct that the FDOT pays us $51,299 to do this maintenance and asked if our cost is greater than that. Mr. Carper stated yes and stated our cost is greater because we maintain to a higher standard than the FDOT would if they were maintaining those roads. Commissioner Fletcher asked if this cost would come up in the budget hearings. Mr. Carper stated he could recalculate since he has not updated that calculation in two years. Commissioner Fletcher stated his concern is that we are awarding these contracts during the most difficult budget season in many years and he is not comfortable awazding annual contracts and asked if the Commission should defer this until they discuss it, since he doesn't know how much more it is. Mr. Hanson stated we are not awazding this contract, FDOT is awarding it to us for the maintenance of these areas. Mayor Wolfson stated this is just for the approval of the agreement and will not have any affect on what we will negotiate among ourselves. Mr. Carper stated the two areas specifically where we spend more than the DOT gives us are maintenance of the median in Atlantic Blvd. and the Mayport Flyover area. He stated the landscaping there is far in excess of what DOT requires. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 65-07-35, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING AND ABANDONING A CERTAIN PORTION OF CORNELL LANE, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read the Ordinance by title only. Mayor Wolfson opened the floor to the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Motion: Approve Ordinance No. 65-07-35 as read. Moved by Borno, seconded by Fletcher Commissioner Bomo stated he is favor of this and is glad to see all the details have been worked out. Commissioner Waters warned that giving public easements is not always the best thing. He believes this one is a good cause and believes making that area into a cul-de-sac protects the neighborhood. He stated he still does not agree with making this a duplex instead of a single family home but stated he is going to vote for it. August 13, 2007 REGULAR C©MMISSIGN MEETING Page 8 Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED B. Ordinance No. 33-07-12, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 5 OF THE CITY CHARTER TO PROVIDE FOR ELECTION OF FOUR (4) OF THE CITY COMMISSIONERS FROM DISTRICTS, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read the Ordinance by title only. Mayor Wolfson opened the floor to the Public Hearing. Michael Hoffmann, 176 Camelia Street, stated he appreciates the work this Commission has done on this and is in favor of this Ordinance because of demographics, the history and it is the right thing to do. Stephen Kuti, 1132 Linkside Drive, asked if the voting districts will be changed or remain as they are now. Mayor Wolfson stated initially it will be divided. into the four districts that the City presently has, but eventually the next census will determine how the lines will be redrawn because the districts will have to be equal in citizen population. Carolyn Woods, 303 Sixth Street, agreed this is a good thing that this Commission has brought this forward and put it for a vote by the people. She questioned when the decision of which Commission seat goes with which district/precinct will be made and asked why it is not part of the Ordinance. Mr. Hanson stated it is not part of the Ordinance now simply because there was not time to get to that question if it was to be on the ballot for October 2, 2007. He stated the readjustment of the precinct boundaries to become the new districts and which districts would be assigned to each precinct would be done after the referendum, if it is adopted. Ms. Woods asked if the Supervisor of Elections will have a part in drawing the district lines. Mayor Wolfson stated they will look at the census and determine the validity of the drawing of the lines. He stated, by law, anytime you draw the districts, they have to be equal in population. Ms. Woods challenged Michael Hoffmann to get his Marsh Oaks neighborhood out to vote. Sally Clemens, 1638 Park Terrace West, asked if locally we will have the time and expense spent on doing the redistricting or does the Supervisor of Elections do this. Mayor Wolfson stated this will be done locally with a validation process to ensure those lines are properly drawn. Ms. Clemens asked what happens if no one runs for a district. Mayor Wolfson stated if no one were to run in a particular district, the Commission would appoint someone who lives in that district to fill the vacancy. No one else from the audience spoke so the Mayor closed the Public Hearing. August 13, 2007 REGULAR aC®1V[MISSi+~l~i N1EE'T1PIG Page 9 Motion: Approve Ordinance No. 33-07-12 as read. Moved by Simmons, seconded by Fletcher Mr. Jensen stated there is one minor correction in Section 3, regarding the effective date of the Charter amendment. It now reads "shall take effect immediately" but should have added "immediately following the 2007 municipal elections". Commissioner Borno stated if there is a run-off or anything else that takes place, it is after that. Mr. Jensen stated that was correct and if it was passed tonight it says it takes effect immediately, which would affect the upcoming elections. He stated this is why he wanted that change to reflect "immediately following these elections". Commissioner Waters stated he thought downtown determined the precincts for this city. Mr. Jensen asked the Commission to re-read the recommendation of the committee that the four districts are to be created by Ordinance, which will have to be passed by the Commission after a public hearing and it will start with the existing precincts as a beginning point and then establish the four districts being as equal in population as possible, maintaining the integrity of neighborhoods and communities of interest. Commissioner Waters stated he agreed with that language but asked how precincts were determined traditionally. He stated the City of Atlantic Beach didn't determine them. Mr. Jensen stated it was the Supervisor of Elections office. Commissioner Waters stated the Supervisor of Elections office is still going to have to determine them for national and state elections and asked how we are going to get around that. Mr. Jensen stated the Supervisor of Elections would probably copy Ordinance established voting districts to determine voting precincts. Mr. Hanson stated the Supervisor of Elections did come before the committee and described a few parameters that exist under federal law and felt he could do what the Atlantic Beach City Commission wanted to do. Commissioner Waters asked if now that we have language, could it be passed by the Supervisor of Elections for approval. Mr. Jensen stated he also sent a copy of the draft to the Supervisor of Elections when he gave it to Mr. Hanson and has not received any comments back from him. Mayor Wolfson clarified that as a referendum this has to be submitted to the state and asked who reviews/approves the wording. Mr. Jensen stated the Commission approves the wording but also the Supervisor of Elections will receive a copy. Mayor Wolfson stated if there was a problem he would bring it up at that point. Commissioner Waters stated that if Mr. Jensen gets a response from the Supervisor of Elections he would like to see it. Commissioner Simmons stated she ran in one precinct arrangement four years ago and without notice she is in a different precinct configuration this time and there was no discussion by the City or anyone in the Commission about changing the precincts. She believes the fact that we control the precincts and the districting is an important part of this. Commissioner Borno stated after much research and sole searching he is not going to support this Ordinance tonight. August 13, 2007 itEGULAIi COMMISSI®N MEirTiNG Page 10 Mayor Wolfson stated the Committee, with no preconceived perceptions and after thorough research in evaluating all that is out there, came back and unanimously recommended to allow the citizens to make the choice. He stated this Commission is now voting whether or not to make it available to the citizens of Atlantic Beach to have a say in how they wish to be represented in the future. Ms. Bussey asked if a motion should be made to include the change Mr. Jensen stated after the motion was made. Mr. Jensen agreed it should. Motion: Amend Ordinance No. 33-07-12 as read to include the language, "following the 2007 municipal elections" in Section 3 at the end of the first sentence (If approved by a maiority of the voters at the election on October 2, 2007. then the Charter amendment shall take effect vnmediately.) Moved by Simmons, Seconded by Fletcher Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 1- Borno MOTION CARRIED Commissioner Fletcher stated he strongly agrees with this referendum. Commissioner Simmons stated she made her decision based on facts and statistics as well as on committee selection, not perceptions, and believes the citizens have the right to also hear those and make their own decisions and have a vote on this. Mayor Wolfson quoted, "The path to our destination is not always a straight one, we go down the wrong road, we get lost, we turn back. Maybe it doesn't matter which road we embark on, maybe what does matter is that we do embark." (author unknown) He stated he believes the citizens are entitled to make this decision, they know full well what they want. ` Mayor Wolfson asked for a roll call vote. Ms. Bussey then called the roll. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 1 - Borno MOTION CARRIED C. Ordinance No. 90-07-201, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-0 l -172, SAID ORDINANCE RE-ADOPTING CHAPTER 24 OF THE CITY CODE, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-85(c), NONCONFORMING STRUCTURES, AND ALSO CREATING NEW SECTION 24-87 TO BE CONTAINED WITHIN THE LAND DEVELOPMENT REGULATIONS, BEING CHAPTER 24 OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC Aa~gust 13.2007 REGULAR COMMISSI®N MEETING Page 11 BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read the Ordinance by title only. Mayor Wolfson opened the floor to the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Motion: Ant~rove Ordinance No. 90-07-201 as read. Moved by Borno, seconded by Fletcher Commissioner Borno stated this splits out the non-conforming against amulti-family use and put them in the right areas of Section 24-85, non-conforming structures, and Section 24-87, multi-family residential use. Commissioner Waters referred to Section 24-85, number 5, that states any existing non- conforming structure that is encroaching into the public right-of--way shall not be rebuilt, enlarged or structurally altered unless such encroachment is removed. He stated there are certain houses on lesser roads and they are not a problem and he does not see why they cannot be rebuilt. He stated he is not in favor of this because it hasn't met everything it needs to meet to maintain the individualism of a lot of things in Atlantic Beach. Commissioner Simmons stated Atlantic Beach is one of the eazliest cities platted and because of that some of that construction is very old and non-conforming with modern standards but really represents the chazacter that was once Atlantic Beach. She stated she would like the City to look at some of those blocks that have existed for almost a hundred years now and decide whether they are worth preserving in some form or whether they would have to be completely built according to new codes. Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 1 -Waters MOTION CARRIED D. Ordinance No. 33-07-13, Introduction and First Reading AN ORbINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SECTIONS 14, 39, 40, 41 AND 43 OF THE CITY CHARTER TO ESTABLISH A NEW SCHEDULE FOR CITY ELECTIONS, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read the Ordinance by title only. Mr. Hanson stated Mr. Jensen had a question dealing with the wording on the canvassing after the elections and there was some discussion as to whether we should have an amendment to this Ordinance. August 13, 2007 I~GULAIt C®MMISSI~IV MEETING Page 12 Mr. Jensen stated, as our Charter reads now, the canvassing of the returns is done the night of the elections and the Supervisor of Elections has indicated they need some more time because of special ballots, etc. which may become very important in a closely contested race. He stated the way he originally drew it, is changing that canvassing of the returns to the first regularly scheduled meeting in November and the City Clerk questioned whether we should have two dates for canvassing the returns. For example, if all the races are determined on October 2 this year, would we wait a little over a month before we could actually canvass the returns officially to the Commission. The option is to canvass the returns of the primary on a certain date and then the general election on a certain date. He stated he had put in just one date to do everything at one time. Ms. Bussey stated she received confirmation from the Supervisor of Elections that they did recommend her language, which was after the agenda went out so the changes were not included. Ms. Bussey then read the corrected language for Section 43. She stated under Section 43 in the agenda packet the crossed out was "immediately thereafter", and instead of having "on the second Monday in November" she suggested changing it to "on the second Monday in October for primary election and, if needed, on the second Monday in November for general election." Commissioner Fletcher asked Ms. Bussey if there is still aone-week qualifying period in September directly prior to the election. Ms. Bussey stated yes. Commissioner Fletcher asked Ms. Bussey to explain what a qualifying date for a city election is. She stated it is a one-week period when the candidates have to turn in their election forms, which determines who is going to go on the ballot. Commissioner Fletcher clarified that for this election the qualifying period will be from the first Tuesday in September to the second Tuesday in September and asked how long that is before the primary election. Ms. Bussey stated the primary election this year is October 2. Motion: Approve Ordinance No. 33-07-13 Moved by Simmons ,seconded by Waters Motion: Amend Ordinance No. 33-07-13 to include language in Section 43 "changing date City Commission canvasses election returns from immediately after election on election night to the regularly scheduled meeting of City Commission on the second Monday in October for the primary, and, if needed, the second Monday in November for the general election." Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Motion: Second Amendment to Ordinance No. 33-07-13 to include Section 3, "if approved by a maiority of the voters at the election on October 2.2007, then the Charter amendment shall take effect immediately following the 2007 municipal elections." Moved by Simmons, Seconded by Waters August 13, 200'7 REGULAR C®1dIMISS1f~N MEETII~TG Page 13 Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Mayor Wolfson called a vote on original motion of the first reading of Ordinance 33- 07-13. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business (Item 8A was taken out of sequence and acted on eazlier in the meeting.) B. Public Hearing on request from Landshazk Cafe for aUse-by-Exception to allow for the on-premise consumption of Alcoholic Beverages in association with a restaurant within the Commercial General (CG) Zoning District at 1013 Atlantic Boulevazd within the Atlantic Village Shopping Center. Mr. Hanson stated the Community Development Boazd recommended approval of this license for on-premise consumption of alcoholic beverages. Robert Deering, co-owner of Landshazk Cafe, stated their food sales will adequately bring them up to the 51 % level in order to get the SRX license. Motion: Approve Use-bv-Exception (File #UBE-2007-03) for the Landshark Cafe to permit on-premise consumption of Alcoholic Beverages (SRX DABT license) in association with a restaurant within the Commercial General (CG) Zoning District at 1013 Atlantic Blvd_ within the Atlantic Village ShonpinQ Center Moved by Borno, Second by Waters Commissioner Borno asked if the SRX licenses are governed on how many can be issued in each City District or does it strictly go by the food sales. Ms. Doerr stated they aze not a quota license. Mayor Wolfson opened the floor to the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: , 0 - MOTION CARRIED August 13, 2007 REGULAR COMMISSION MEETING Page 14 C. Request for a Waiver from Section 24-252 of the City Code requiring Paved Access before Construction on a Residential Lot. Mr. Hanson stated this waiver is for a lot owner who is on a platted unopened city street who wants to build a home. He is required to be on a public street before he can get a permit to build a house. He wants to wait to construct the street to his house until the house is built so construction traffic won't tear it up and he is willing to post a bond with the City of Atlantic Beach to assure the street does get constructed. He also is requesting approval to allow the street to be only 16 feet wide instead of the normal requirement of 20 feet wide. Mr. Hanson stated the applicant is on the end of the street next to the marsh and there may be one or two other houses that come off of this street in the future but there won't be many and it does not appear that a 20 foot street would be needed in this particular case. Mr. Carper gave a slide presentation showing the location of the lots and explained where the applicant intends to build and where the pavement ends. Mr. Carper recommended approval of the waiver to allow the applicant to post. a bond for construction of the street. He stated the applicant requested a 16-foot street, which is the minimum he would agree to, but currently the paved width on this segment of Plaza, as well as on Gladiola, is twelve feet. Motion: Grant a waiver from Section 24-252 of the City Code requiring paved access before construction on a residential lot. Moved by Simmons, Second by Waters Mayor Wolfson stated the approval should be contingent upon a guaranteed cash bond, based on the amount of civil engineering and actual cost of paving. Simmons withdrew the motion and Waters withdrew the second. Motion: Grant a waiver from Section 24-252 of the Citv Code repuirintr caved access before construction on a residential lot, and allow the street to be built at 16 feet and a bond must be aosted for the amount of comaleting the street Moved by Simmons, Second by Waters Commissioner Simmons pointed out that the request also states the applicant is seeking the abandonment of Lily Street along with Joseph C. Durante. Mr. Carper stated there is additional documentation required for that request so the abandonment of the right- of-way will have to be done as a separate action. Commissioner Waters asked why they would want the abandonment of the right-of- way. Mr. Carper stated their intent was it splits the right-of--way in half and every lot in there increases by 25 feet. Commissioner Waters stated 16 feet is not a very wide street and believes it is way too narrow. Mr. Carper stated City Code requires either a cul-de- sac of a 60 feet diameter or a "T" turnaround, so the applicant would be required to provide either a cul-de-sac or "T" turnaround at the end of the road. Joseph Durante, 1380 West Plaza, but building at 1227 Lily Street, stated Naaman Harrell, who was not present, will be at 1217 Lily Street. He explained within part of August 13, 2007 REGULAR C®MMISSl(DN MEETING Pace 15 his property that goes along Lily is wetlands and there is no buildable property in front. He stated there may be buildable property to the left which is in the Abdullah Trust. Commissioner Fletcher stated he is very much against this waiver and asked Mr. Durante what he could tell the Commission about the Abdullah Trust. Mr. Durante stated he spoke to Mr. Abdullah, one of three in the Trust, and stated he is in favor of the abandonment of the right-of--way because he would gain 25 feet. Mr. Carper stated the abandonment of the right-of--way is not being addressed tonight. Mr. Durante stated as far as when Naaman Harrell wants his house built there is no point of entry. Commissioner Fletcher stated he foresees more development. out there and believes the City should stick with the 20 feet wide road. He also questioned whether the cash bond is enforceable since the contract is not with the City, but rather between the builder and the owner, per Mr. Jensen. He stated the law says they build the road before they get the development order and the law says the road must be 20 feet and he believes the City should stick with that law and deny the waiver. Mayor Wolfson clarified they could be denied the certificate of occupancy if they don't comply. Mr. Jensen stated if they don't build the road, the City will build it and will have the funds to do so from the bond. Paul Stanford, 1380 Plaza, stated there are only two houses proposed to be built in the entire block, not by developers but by owner/builders. He suggested the Commission. walk the area to see how many trees would be destroyed if they are forced to build a 20 feet wide road. Mayor Wolfson asked if the wetlands could be mitigated for future construction on that piece of property. Mr. Carper stated if someone wanted to develop that, because it would be filling wetlands, they would require permits from the water management district. Mr. Carper stated they could fill wetlands and mitigate elsewhere. Mayor Wolfson asked about safety for fire equipment turnaround. Mr. Carper stated the requirement for the "T" turnaround is due to the emergency equipment. Commissioner Simmons stated, yes, there is buildable land out there and maybe it will be built, but this is not about Lily Street and it is not in the decision making tonight because the Commission does not have the facts to make that decision tonight. She urged the Commission vote on what the motion is about. Mayor Wolfson asked if $30,000+ is adequate to build the roadway if the applicant does not perform. Mr. Carper stated he believes it is adequate but he has a bid coming in for a roadway under construction and can look at those bid prices. Mr. Jensen stated that figure is based upon an estimate from a licensed engineer. Mr. Carper agreed and stated that figure includes the engineering fee and the construction fee. Votes: Aye: 4 - Borno, Simmons, Waters, Wolfson Nay: 1-Fletcher MOTION CARRIED August 13.2007 REGUI.AI2 C®MMISSION MPETING Page 16 D. Hopkins Creek Regional Retention Facility -Funding Update. Mr. Carper summarized his staff report stating the City, with assistance from design consultant, CDM, applied for two separate grants for Hopkins Creek, were approved for both, and chose the TMDL grant because it is this year's money and the other grant was not available until next July. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported there will be a public hearing on the tax rate and budget on Monday, September 17, at 6:30 p.m. in the Commission Chamber. He reported on an emergency air conditioner repair. He stated one of the old units in the south end of City Hall went out about two weeks ago and had to be replaced immediately. They requested three written estimates, the lowest was $5,700 and the unit has been replaced. He stated while that amount is in his level of authority to approve, the general government budget is running out of money so to pay for it he had to borrow money from the Air Show account, which will need to be paid for before end of this fiscal year. Therefore, he will need to get a budget amendment to replace that during the current fiscal yeaz and requested a first reading at the next regular meeting. Mr. Hanson commented on Michael Hoffinann's comments and stated they have amounted to mudslinging, he fmds them demeaning, and believes this issue needs to be finished now. In clarifying his discussions with Commissioner Fletcher, Mr. Hanson said he stands by his statement that he has not been asked by any elected official to bring in an urban forester. He stated he has been asked about the subject and there may be some confusion and Mr. Hoffmann may be trying to make something that doesn't exist. Mr. Hanson stated he has expressed to all of the Commission that when a Commissioner wants something done, they need to bring it to the whole Commission and get them to vote on it. He stated no one elected official can demand that anything be done, it takes a vote of the whole commission, which is the way this form of government works. He stated if any Commissioner had asked him to do anything like that, that would have been his immediate answer but he does not recall that he was asked to do that, he was asked about it. Commissioner Fletcher stated that was correct. Mr. Hanson stated Mr. Hoffinann has brought this issue up many times and Mr. Hanson stated he takes great issue with someone questioning his integrity in a public meeting. He thanked Commissioner Fletcher for clarifying that he was correct and stated if anytime any Commissioner thinks he is being dishonest, they need to just lay it out on the table. He stated if you can't have trust in the people who work for you, he doesn't know how they can sleep at night and he takes that very seriously. He believes Mr. Hof&nann's remazks tonight have fallen somewhat below the level of the decorum we need to have in these public meetings when it comes to virtually name-calling. He stated it is one thing to voice a difference of opinion with all of us, which is part of the job, but when they start making personal accusations like Mr. Hoffmann, he believes they have gone too faz. August 13.2007 REGULAR COf~I1diISSI©N ibIEE'rING Page 17 Mayor Wolfson thanked Commissioner Fletcher for clarifying this issue and stated anytime the City Manager has been asked to do something he has done it or guided him to bring it before the Commission and believes the City Manager is very consistent in his approach. Commissioner Fletcher stated to the City Manager that he was absolutely right to bring it up tonight and wished Mr. Hoffinann was still here. He stated his first point is decorum and stated he should have, and almost did, stop him tonight. He stated no single individual has the right under free speech to come up and criticize or threaten any individual, whether it be the City Manager, one of the Commission or any other staff. He stated it has happened too many times with Mr. Hoffmann and he is tired of it. He stated he almost called him on it tonight and he will next time. He stated Mr. Hoffinann can get up and say general concerns repeatedly, but he has been very hard on our City Manager and Commissioner Fletcher repeated he should have called him on it tonight. He stated his second point was that Mr. Hanson was absolutely correct in his memory of their discussion. He stated they discussed Mr. Hoffinann's idea. Mr. Hoffimann asked Commissioner Fletcher to bring it to the City Manager and he did so, as he does with many requests from citizens. The City Manager told him it was foresting an already forested area and reminded him that no single Commissioner should or could take action but if he wanted to he could bring it before the Commission. He stated he did not bring it before the Commission because he agreed with Mr. Hanson that spending money for an urban forester right now to forest what is a forested area doesn't make sense. Commissioner Fletcher stated he will meet with Mr. Hoffmann and listen but the idea of anyone coming up and criticizing any of the Commission individually is nonsense. He apologized to Mr. Hanson for not stopping Mr. Hoffinann tonight. Mayor Wolfson stated this issue has been before the Commission enough and it is time to move on, so in the future if it does come up between now and the end of his term, he plans on limiting the dialogue on that item. Reports/l~equests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno Mentioned the letter from DCA regarding being in compliance when the City sent them the Ordinance No. 31-07-OS and stated it was nice to see. Mayor Wolfson agreed and gave commendation to staff. Commissioner Simmons • Stated Atlantic Beach is having some real homeless problem which she believes is due to Jacksonville Beach cracking down on the homeless in their area. Chief Thompson stated they are aware of the problem and have assigned additional officers and have made a number of arrests on those additional transients. He stated they will continue to do so and will continue to dedicate the manpower needed. Commissioner Borno stated the homeless are working their way up through our beach and working their way up to the Mayport area. Auga~st 13, 2007 REGULAR COMMISSION MEETING Page 18 Commissioner Waters Lights are out on some poles on Ocean Blvd. Chief Thompson stated they give JEA a report on lights that are out on a quarterly basis. Agrees with Commissioner Simmons that the beaches should get together regarding the homeless problem. Mayor Wolfson • Stated that his record will stand for the shortest meeting because he does not anticipate missing another Commission meeting until he is out of office. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:56 pm. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey, CMC City Clerk