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09/11/06MINUTES REGULAR CITY COMMISSION MEETING September 11, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro 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 Fletcher. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on August 28, 2006 Commissioner Borno noted there were three (3) typographical errors, one which was caught by the City Clerk. On page 4, "who's" should be "whose". On page 9, last paragraph, "scoring" should be "storing". On page 12, first paragraph, last sentence add "been" between the words "not" and "provided". Mayor Wolfson advised he had given a number of corrections to the City Clerk prior to the meeting. She was asked to incorporate the changes into the minutes. Motion: To aaarove the minutes of the Regular Commission Meeting on August 28, 2006 as corrected. Moved by Borno, seconded by Waters 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. Commissioner Waters spoke regarding the Beaches Resource Center's fund raising programs. He explained their importance and urged participation in the fund raising. He advised cookbooks are being sold for ten dollars ($10) and a luau will be held this coming weekend at the Lemon Bar in Neptune Beach at a cost of forty dollars ($40) per couple or twenty-five dollars ($25) for individuals. Commissioner Waters offered anyone who would like more information to call him, BEAM or the Beaches Resource Center. September 11.20(16 REGULAR COMMISSION MEETIl~IG Pace 2 Mayor Wolfson acknowledged Councilman Art Graham and Former Mayor Bill Gulliford who were in the audience. Pat Pillmore, 995 CameGa Street, spoke regazding pavers. She explained many pools and pavers are being installed in her neighborhood and believes the pavers are not working like they should. She requested the city experiment with different types of pavers. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson indicated his report will be given during Item 9A. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of New Occupational Licenses issued in August 2006 (City Manager) B. Extend the contract for Orthophosphate for one additional yeaz to Calciquest, Inc. (Bid No. 0304-24) at the current contract prices (City Manager) C. Extend the welding contract for one additional year to Ace Fabrications, LLC (Bid No. 0405-22) at the current contract prices (City Manager) Motion: To approve Consent Agenda Items 4A , 4B and 4C as presented Moved by Borno, seconded by Waters No discussion. 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.06-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA RESCINDING RESOLUTION NO.OS-14, THE RESOLUTION IMPOSING A MORATORIUM ON DIVISIONS OF LAND, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Resolution by title only. Motion: To approve Resolution No. 06-12 as written. Moved by Borno, seconded by Waters September 11.2006 REGULAR COMMISSION MEETING Pace 3 No discussion. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. ORDINANCE N0.90-06-195, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 7, SUPPLEMENTARY REGULATIONS, OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, FLORIDA IS HEREBY AMENDED TO ADD NEW SECTION 24-172, RESIDENTIAL DEVELOPMENT STANDARDS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read the ordinance by title only. He opened the public hearing. Mayor Wolfson explained the process for citizens to speak during the Public Hearing. The following citizens spoke during the public hearing on Ordinance No 90-06-195• Bryan Barker, 1225 Selva Marina Circle, spoke in opposition Lyndley Tolbert, 465 Beach Avenue, spoke in opposition Bob Harris, 892 Ocean Boulevazd, spoke in opposition Ian Sean McAfee, 824 Sherry Drive, spoke in opposition Mary Ellen Waugh, 1710 Beach Avenue, spoke in opposition Joan Carver, 46 Fifteenth Street, spoke in favor Stephen A. Kuti, 1132 Linkside Drive, spoke in opposition R.D. de Carle, 51 Beach Avenue, spoke in opposition David Harvey, 1667 Park Terrace East, spoke in favor Pat Pillmore, 995 Camelia Street, spoke in favor Joan Sapia, 1655 Selva Marina Drive, spoke in opposition Kirk Hansen, 7393 Ocean Breeze Court, spoke in opposition Judy Sheklin, 1985 Brista De Maz, spoke in favor Trevor Parker, 1959 Brista De Mar Circle, spoke in favor Stephen Fouraker, 387 Sixth Street, spoke in favor Keith Pecoraro, 377 Eighth Street, spoke in favor Gabrielle Polytinsky, 158 Sixteenth Street, spoke in favor Bob Castro, 412 Ocean Boulevard, spoke in opposition Richard Bell, 1952 Beachside Court, spoke in favor Peggy Nolan, 879 East Coast Drive, spoke in favor Althea Lachicotte, 335 Gazden Lane, spoke in favor Lizzie Byrnes, 391 Eighth Street, spoke in opposition Diana Witherspoon, 679 Ocean Boulevard, spoke in opposition Susan Snead, 261 Beach Avenue, spoke in opposition September 11.2006 REGULAR COMMISSION MEETING Page 4 Harley Parkes, 1838 Seminole Road, spoke in opposition Bonnie Hansen, 2393 Ocean Breeze Court, spoke in opposition Lee Hutchins, 70 Ocean Breeze, spoke in opposition Lynette Tyson, 110 Eighth Street, spoke in opposition Former Mayor Bill Gul6ford, 75 Beach Avenue, spoke in opposition Renee Beltrame,1830 Seminole Road, spoke in opposition Donna Bagby, 1817 Selva Grande Drive, spoke in opposition Steven Bagby, 1817 Selva Grande Drive, spoke in opposition Rick Beaver, 319 Twelfth Street, spoke in opposition Brian Sezton, 311 Ninth Street, spoke in opposition Roger Lowe, 137 Tenth Street, spoke in opposition Jolyn Johnson, 2322 Beachcomber Trail, spoke in favor George Mayforth, 10 Tenth Street, spoke in opposition Janice Gilpin, 680 Palm Avenue, spoke in opposition Jane Wytzka, 352 Second Street, spoke in favor Richard Reichler, 2025 Beach Avenue, spoke in favor Joan McLoud, 176 Magnolia Street, spoke in opposition Caroline Shepherd, 362 Plaza, spoke in opposition Rick Stockton, 1565 Beach Avenue, spoke in opposition Scott Parks, 826 Ocean Boulevard, spoke in opposition Cindy Corey, 394 Eighth Street, undecided Sandy Parkes, 1838 Seminole Road, spoke in opposition Jim Smith, 1958 Beachside Court, spoke in opposition There being no other speakers, Mayor Wolfson closed the Public Hearing and called a ten minute recess at 9:10 pm. Mayor Wolfson called the meeting back to order at 9:20 pm. Motion: To move Ordinance No. 90-06-195 to Referendum. Moved by Commissioner Borno Motion died due to lack of a second. Motion: To adoat Ordinance No. 90-06-195 as read. Moved by Fletcher, seconded by Simmons Commissioner Borno stated he is in favor of protecting Community Character but is against the proposed ordinance as it is written because of it having a Floor Area Ratio (FAR). He believed the current code with some of the other concepts from the proposed ordinance, such as the Wall Plate Height and Side Wall, would more than adequately control bulk and mass for the future. He believed a FAR to be too restrictive. Mayor Wolfson referred to the Summary of Proposed Ordinance 90-06-195 which was presented on the overhead. A copy of this document is attached and made part of this official record as Attachment A. He indicated he is opposed to the size .54 FAR. He explained that, at the beginning, he did not understand the FAR concept but after September 11.2006 REGULAR COMMISSION MEETING Page 5 realizing it is merely a form of measuring size and many communities are using it, he became comfortable with the concept of a FAR as a guide. Mayor Wolfson then referred to the Range of Alternative Proposed for Community Character Zoning Standazds as of September 7, 2006 which was presented on the overhead. A copy of this document is attached and made part of this official record as Attachment B. He explained the history of the various proposals. He reiterated his desire to increase the FAR to .60. Motion: To amend the Ordinance from a .54 FAR to a .60 FAR Moved by Wolfson, seconded by Waters Mayor Wolfson explained the reasons for wanting the .60 FAR and compazed his proposal to the regulations allowed in Beverly Hills. He urged the Commission to reconsider the .60 FAR. Commissioner Waters believed if the FAR was increased, the other factors should be considered for changes. He pointed out the exceptions such as the 500 square foot garages and allowances to the setbacks that would need to be dealt with. Commissioner Borno thanked the Mayor for offering an alternative but still disagreed with using a FAR. Commissioner Fletcher expressed he agreed with Commissioner Waters. He stated that the consultant had warned the Commission of the regulations being a packaged deal and that they affect each other. Votes: Aye: 2 -Waters, Wolfson Nay: 3- Borno, Fletcher, Simmons MOTION FAILED Motion: To adopt Ordinance No. 90-06-195 as read. Moved by Fletcher, seconded by Simmons Mayor Wolfson called for a Roll Call. Roll Call Vote: Waters Aye Borno Nay Fletcher Aye Simmons Aye Wolfson Aye Votes: 4-1 MOTION CARRIED September 11, 2006 REGULAR COMMISSION MEETING Page 6 B. ORDINANCE NO. 20-06-80, Final Reading and Public Hearing AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 Mayor Wolfson read the ordinance by title only. Motion: To amend Ordinance No. 20-06-80 to increase the ezaenditures from the General Fund by an additional $7,000 to allow staff to continue the additional permit reviews that would be necessary through the end of the fiscal year Moved by Borno, seconded by Waters Commissioner Borno withdrew his motion, Commissioner Waters withdrew his second. Motion: To approve Ordinance No. 20-06-80 as submitted 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. City Manager Jim Hanson requested an extra $7,000 be added to the budget amendment to pay for the additional hours for the Building Official and to hold a workshop as described in his written report on Item 9A. Motion: To amend Ordinance No. 20-06-80 for the ezpenses to the Building Department by increasing it by $7,000 to be a total of $20,200 Moved by Borno, seconded by Waters Commissioner Waters expressed he did not want this to take place of hiring afull-time Building Official as soon as possible. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Motion: To approve the amended Ordinance No. 20-06-80 Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED September 11, 2006 REGULAR COMMISSION MEETING Page 7 C. ORDINANCE NO. 80-06-73, Introduction and First 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, IRREGATION AND COMMERCIAL CUSTOMERS: AMENDING ARTICLE III WASTEWATER SYSTEM, DNISION 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 Motion to Aourove Ordinance No. 80-06-73 on first reading Moved by Waters, seconded by Borno Commissioner Borno indicated the increases aze necessary to pay for the cost of what it takes to do business in these different departments. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Public Hearings on adopting a Tentative Millage Rate and adopting 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 Wolfson read the ordinance by title only then he explained the two items to be considered. Motion: To adopt a tentative millage rate for oaerating auraoses of Z 9974 Moved by Borno, seconded by Simmons Mayor Wolfson opened the floor to a public hearing. No one from the audience spoke. Mayor Wolfson closed the public hearing. Commissioner Simmons pointed out this millage rate is the same as last yeaz and the City of Atlantic Beach has the lowest millage rate of any of the five incorporated communities in Duval County. September 11.2006 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Motion: To Adoat Ordinance No. 20-06-81 estabGshina the Oaerating Budget for Fiscal Year 2006/2007 on first reading. Moved by Simmons, seconded by Borno Mayor Wolfson opened the floor to a public hearing. No one from the audience spoke. Mayor Wolfson closed the public hearing. Commissioner Waters commented the budget is conservative. Commissioner Borno thanked Finance Director Nelson Van Liere and City Manager Hanson as well as staff for their hard work on presenting a great budget. Mayor Wolfson concurred and added that the information provided was very helpful. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED E. Ordinance No. 45-06-18, Introduction and First 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 IV. INSURANCE PREMUM TAXES, SECTIONS 20-76 THROUGH 20-78, TO CONFORM TO THIS NEW TERMINOLOGY; PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only. Motion: To aaarove Ordinance No. 45-06-18 as read Moved by Borno, seconded by Simmons Commissioner Borno explained a lot of effort went into writing the Ordinance and even though it was forced by legislation to change the terminology it was also an opportunity to increase the fees by five percent. He commended staff for preparing it in a timely manner despite the workload. Commissioner Waters inquired why the term Occupational License needed to be changed to Business Tax. City Manager Hanson explained by calling it an Seatember 11 2006 REGULAR COMMISSION MEETING Page 9 occupational license it appeazed to some as verifying legitimacy to state licensing, but the real purpose of it is to simply collect the tax from the businesses operating within the city. Votes: Aye: S - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business None City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this oiTicial record as Attachment C. His report discussed Mayport Road Medians, Hosting African Leaders, and Building Official. He explained the Hosting of the African Leaders has now been set for Tuesday, September 26, 2006. Mayor Wolfson explained he would not be available and asked Commissioner Waters to attend on his behalf. Commissioner Borno offered to attend if needed. Mayor Wolfson invited them both. City Manager Hanson thanked the Commission for putting more money in the budget to fund his request. Reparts/Requests 10. Reports ancUor requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Fletcher - Expressed he is truly honored to serve. Commissioner Waters - Announced that a Florida Local Government and Environmental Non-Profit Land Acquisition Summit will be held October 9, 2006 in Ponte Vedra. He urged the Commission to attend. - Referred to a letter written by a citizen on Rose Street to Commissioner Fletcher regarding rental properties and asked if the issue had been taken care of. Commissioner Fletcher advised he and the City Manager discussed the issue and are working with the neighborhood on the topic. - Expressed concern over not letting the Community Development Board supervise the subdivision of lots. He expressed the need for public hearings. Mayor Wolfson - Reported he would be in Tallahassee on Friday, September 15, 2006. He intends to make a presentation to assist in getting the points raised so the City will qualify for state funds to pay for 75% of the purchase of the Buckman Trust. September 11 2006 REGULAR COMMISSION MEETING Page 10 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:23 pm. ~. Donald M. Wolfson, Mayor/Presidi'~iig Officer TA, TEST: Donna L. Bussey City Clerk