Draft Minutes 9-10-07MINUTES
REGULAR CITY COMMISSION MEETING
September 10, 2007
CITY HALL, 800 SEMINOLE ROAD
Attendance
Call to Order/Pledge
Approval of Minutes
IN ATTENDANCE:
Mayor Donald Wolfson
Mayor Pro Tem J. Dezmond Waters III
Commissioner Mike Borno
Commissioner Jamie Fletcher
Commissioner Sylvia N. Simmons
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna Bussey
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 Borno.
Mayor Wolfson welcomed the audience and explained the process for public
comments.
1. Approval of the minutes of the Regular Commission Meeting on
August 27, 2007.
Motion: Aaarove the minutes of the Regular Commission Meeting on
August 27, 2007, as written.
Moved by Borno, seconded by Simmons and Waters.
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.
Dave Estes, 1275 Linkside Drive, asked for clarification of some of the language in
Ordinance 90-07-202, Selva Residential PUD. Mayor Wolfson stated his concerns will
be addressed and answered during the presentation under Item 7A.
Sally Clemens, 1638 Park Terrace West, spoke in apposition to the proposed art
project stating the five-points intersection is used more by residents than by visitors or
tourists. She also stated large readable street addresses on business signs was in the
past a requirement and believes if this was enforced it would be beneficial to the
businesses, customers and citizens. Ms. Clemens also addressed that a citizens group
who will host an Atlantic Beach political candidate forum on September 20 has been
denied the opportunity to inform our citizens of an event that will benefit only our
citizens, voters of Atlantic Beach. She stated they have not requested any money from
Atlantic Beach for the event, the City is in partnership with the Atlantic Beach
Elementary School where the forum will be held and she wants to know why the denial.
September 10.2007 REGULAR COMMISSION MEETING Pace 2
Ms. Clemens also thanked the Commission for taking a 10% decrease in pay, should
the budget be approved tonight. She stated that is leadership by example.
Andrea Wiley, 274 Magnolia Street, expressed opposition to the removal of the palm
trees in the median to accommodate the Wal-Mart traffic. Mayor Wolfson stated he
will address this issue tonight in Item 10B.
Dave Sliwinski,1641 Linkside Drive North, representing the Selva Linkside II HOA,
spoke in support of the Selva PUD application as presented this evening.
Pat Pillmore, 995 Camelia Street, spoke against the Wal-Mart. She also presented a
planning map that was published in the Business Section of the Times Union today that
divides the County into seven sections excluding the beaches. She also addressed an
article listing City officials' salaries. Further, she questioned how many things Mr.
Meserve shared with the citizens when he was Mayor. She stated she did not hear
anything at the Commission meetings.
Carolyn Woods, 303 6th Street, expressed disapproval of the art in the park project,
stating, as a community, she does not believe we are large enough to support the
$100,000 this project has earmarked. She believes the $50,000 from Art Graham's
tourist development tax dollar fund would be better served cleaning up Mayport Road,
not just aesthetically but also the crime. She thanked Ms. Pillmore for bringing up the
issue of the planning council and the fact that we do not have a seat at that table. She
stated it is glaring when you look at the map and see all of Jacksonville in colors and
the beaches in white. She stated the beaches need to have a voice because we are a
large part of Jacksonville's image. Thirdly, Ms. Woods spoke against the Wal-Mart
median issue.
Jonathan Daugherty, 830 Hibiscus Street, stated he supports the salary cut the
Commissioners are taking. He also stated he is against the removal of the trees for the
Wal-Mart project. Mayor Wolfson stated a citizen's group has marked the affected
trees with a purple bow, which was chosen because of Fletcher High School.
No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to
Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
City Manager Jim Hanson addressed the question from the last meeting regarding the
cost to maintain the medians, the right-of--way on Mayport Road and some drainage
ditches, stating FDOT pays the City approximately $51,300 a year and the actual out-
of-pocket cost is approximately $71,180 plus manpower costs for the City. He stated
FDOT reimburses us for what would be their cost but they don't maintain their
landscape to the level the City of Atlantic Beach does, so the difference is what it takes
us to maintain these areas at a higher level. He also stated the Palms Apartment's
owner still has not submitted the building plans for permit application and tomorrow
will be four weeks from the date of the letter from the owner's representative which
September 10 20Q7 REGULAR COMMISSION MEETING Page 3
stated plans would be submitted within 2-4 weeks. He then read a recent letter he
received from the owners stating they are continuing and finalizing design work on
azchitectural and engineering plans for the site plan for submittal to the City as well as
construction financing. Mayor Wolfson stated this lack of action from the owners is
not acceptable, stating the Commission needs to move forward with some action.
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 Utility Department Report
and List of New Business Tax Receipts for August 2007.
B. Awazd Bid for the Ocean Boulevazd -14~' to 16~' Street Drainage Improvement
Project (Bid No. 0607-18) to Walding Company in the amount of $258,594 for
the base bid and both additive alternates.
C. Extend the Annual Utility Contractor contract far one additional year to Crruhn
May, Inc. at the contract prices (Bid No. 0506-16).
D. Extend the welding contract for one additional year to Ace Fabrications, LLC at
the contract prices (Bid No. 0405-22).
E. Approve renewal of the City's insurance, effective October 1, 2007, through
Public Risk Insurance Agency at the new costs as listed.
F. Authorize the City's annual utility contractor, Gruhn May, Inc. to perform Tank
Cleaning at Wastewater Treatment Plants for a total of $48,600.
Commissioner Borno asked that Consent Item E be pulled.
Motion: Approve Consent Agenda Items A, B, C, D and F as read.
Moved by Borno, seconded by Fletcher
votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Commissioner Borno wanted to commend Human Resource Manager, George Foster,
for all the hard work and diligence and the savings he produced.
Motion: Approve Consent Agenda Item E as read.
Moved by Borno, seconded by Fletcher
September 10, 200? REGULAR COMMISSION MEETING Page 4
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
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-07-202, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS
DESCRIBED HEREINAFTER FROM CONSERVATION (CON) TO PLANNED
UNIT DEVELOPMENT {PUD), SAID LANDS TO BE KNOWN AS THE SELVA
RESIDENTIAL PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING
RECORDATION AND PROVIDING AN EFFECTIVE DATE.
Ms. Doerr stated the applicant and their full team are present and prepared to answer
any questions. She stated this item was before the Community Development Board on
July 17 and they made a recommendation to approve subject to a number of revisions
to be incorporated into the PUD documents before coming before the commission and
those have all been incorporated.
Chuck Perry, Pine St. Partners, representing the applicant in REZ 2007-02 Selva
Marina Country Club, stated they are seeking the Commission's approval of the PUD
request. He further stated if the Commission grants the request, Selva Marina Country
Club will agree to deed restrict all of the remaining land in Jacksonville, approximately
130 acres, to a 35' height limit. He stated this gesture of goodwill is intended to ensure
that Atlantic Beach continues to have the same community character it presently
enjoys. He stated presentations will be given by Chris Monty of Weed Design who is
their primary land planner and golf course architect; Cliff Duch of Crook Duch Partners
whose firm prepared the pattern book distributed to the Commission; and T.R.
Hairline, their land use counsel, who will address some of the land use issues
associated with the fact that this parcel lies in two jurisdictions. He stated also
available here tonight to answer any questions are the rest of their project team, the
engineer, and the landscape architect. Additionally, he stated the President of Selva
Marina Country Club, Allan Ennis, is available to answer any questions the
Commission or public might have.
Chris Monte, Weed Design, gave a slide presentation on the proposed new golf course
and golf club at Selva Marina.
September 10.2007 REGULAR COMMISSION MEETING Paee 5
Cliff Duch, Cronk Duch Partners, gave a slide presentation on the architectural
aspects of the proposed new clubhouse and housing, explaining each of the planned
neighborhoods.
T.R Hainline, Rogers Towers, explained the maximum number of dwelling units is
114. He explained a unit is one place where a family resides. He stated up to 86
dwelling units aze proposed in Atlantic Beach, which includes 5 that are in both
jurisdictions and a maxunum of 20 of the 86 that may be multi-family. He stated on the
City of Jacksonville side, up to 33 single family units are proposed, which also includes
the same 5 that aze in both jurisdictions. He stated they have reduced the number of
units that are in Atlantic Beach, reduced the number ofmulti-family units and removed
two remote tennis courts. Regarding the multi jurisdictional units, Mr. Hairline
believes they have dare everything that they, as the private applicant, can do. The Club
has written a letter stating they will initiate annexation. He also stated they have dealt
with all of the permitting issues on the five multi jurisdictional lots. He stated they
have drafted and submitted to the City of Jacksonville and Atlantic Beach a proposed
Interlocal agreement that would address the provision of services on the multi-
jurisdictional units. He reiterated they proposed in the PUD that is before the City of
Jacksonville, they would limit height and density consistent with everything in this
PUD and have agreed to record restrictive covenants and deed restrictions with these
limits against the property that would give the City of Atlantic Beach enforcement right
to those restrictions and terms.
Mayor Wolfson commended the group for their tremendous amount of work and
cooperative spirit on behalf of the community to get to this point.
Mr. Hanson stated he is concerned about the issue of dual jurisdictions. He stated the
City of Atlantic Beach's service levels are much higher than the City of Jacksonville's.
He stated the problem he foresees is that there is no discernable city limits line other
than something in someone's deed that says they are not in the City of Atlantic Beach
and believes the first time some of these people get a slow response to an emergency
call, etc., they will be coming before the Commission demanding City of Atlantic
Beach services. He stated the solution is annexation but Jacksonville has not been
amenable to some annexation requests in the past. He believes if this is not solved
through annexation, a future commission will have a group of citizens before them
asking them to solve this problem. Mayor Wolfson reiterated that the City of Atlantic
Beach cannot do anything to initiate the annexation; the developers of the
neighborhood must initiate the process through the City of Jacksonville. He stated he
appreciates they have communicated they are willing to do this. Mayor Wolfson
cautioned the developers that they cannot market this product as being part of the City
of Atlantic Beach until there is an annexation. Mr. Hairline stated they understand this.
Motion:.Annrove Ordinance No. 9007-202 as read.
Moved by Borno, seconded by Simmons
Commissioner Borno suggested when they go for the annexation of the 331ots that they
include the other 18 holes to the entire pazcel. Commissioner Borno, referring to a
letter from Janet Pellicciotti, stated there is no text to her concerns, i.e. the Country
September 10.2007 REGULAR COMMISSION MEETING Pace 6
Club is not in trouble, they haven't lost their investors, they aren't putting $2 million
into the Clubhouse. Mayor Wolfson also mentioned several allegations regazding Selva
Marina Country Club and asked Mr. Ennis to respond. Mr. Ennis and Mr. Hairline
confirmed that those allegations are not correct.
Commissioner Simmons thanked the parties involved for their ability to work together
and make the best of divergent points of view. She also expressed she was pleased that
the deed restrictions will prohibit building over the 3S' limit. She stated she is happy to
see there is a 4 caliper inch hazdwood tree going into every yard and encouraged that
some of the other areas such as the green have shade trees also. She was also
concerned about uplighting and what that does in terms of light pollution and stated she
was pleased to see under the Selva residential areas that any lighting for the signs shall
be projected from the ground to the sign only and not directed toward the sky and stated
she would like it if the rest of the lighting doesn't block out the stars.
Commissioner Waters indicated he supports the project 100%
Commissioner Fletcher thanked the developers, stating he liked the pazk and the deed
restrictions. His concerns are the setbacks, density, and impervious surface issue, but
he stated if no one else has issues with this, he will defer to the majority. He then asked
City Attorney Jensen if he believes the deed restriction will work, to which Mr. Jensen
replied, certainly. He also noted there is no affordable housing, under $200,000,
anywhere on this property, stating he doesn't want Atlantic Beach to be a wealthy
enclave for people who come just for vacation. He stated he would like to have seen
affordable $200,000 lofts there. Mayor Wolfson asked that Commissioner Fletcher
please stay to the issues. Commissioner Fletcher stated that affordable housing is the
issue. He then stated no one is interested in the wetland buffers, which are minimum
15' and the Regional Planning Council often demands 50'. Commissioner Fletcher
asked Mr. Hairline whom he had ex parte with here. Mr. Hairline stated he personally
has not had any ex parte with any member of this Commission except, just prior to the
meeting, he spoke briefly with Commissioner Fletcher. Mr. Hairline stated the
applicants have spoken to other members of the Commission.
Alan Ennis, President of Selva Marina Country Club took the floor. Mayor Wolfson
asked Mr. Ennis if they are moving for annexation of the entire golf course as well as
the lots. Mr. Ennis stated that was correct. Mayor Wolfson asked if that were to fail
would he reconsider bringing all of Phase 1 of the development into Atlantic Beach.
Mr. Ennis replied, certainly. Mayor Wolfson then asked, if the City of Jacksonville
would be opposed would Mr. Ennis be willing to re-petition so any lot with multi-
jurisdiction would be brought within the City of Atlantic Beach. Mr. Ennis stated they
aze very committed to that process; they will do that.
Commissioner Fletcher asked Mr. Hairline what happens if Jacksonville does not
approve the PUD they have submitted. Mr. Hairline stated then there is a covenant and
restriction for the 35' height and density of 7 units per acre. Discussion followed
regarding cross jurisdictional issues. Mr. Hanson stated a solution proposed for those
five lots where the City limits goes through the particular lot, is to come to an
agreement with Jacksonville that whichever jurisdiction has the greater amount of
property on that lot, will be considered the jurisdiction for all purposes.
Seutember 10, 2007 REGULAR COMMISSION MEETING Page 7
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 5-07-47, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-20,
SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE.
Mr. Hanson stated the Commission determined in the Budget Workshop that they
wanted to take a 10% salary cut. He stated there is an ordinance in place that outlines
how the salaries for the City Commissioners will be determined so the Ordinance must
be changed before the cut can take effect.
Motion: Approve Ordinance ~To. 5-07-47 as read.
Moved by Fletcher, seconded by Simmons
Mayor Wolfson stated he appreciated the willingness of this Commission to understand
the significance of this action and their support on this effort.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
C. Ordinance No. 33-07-14, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
ORDINANCES NOS. 33-07-12 AND 33-07-13 TO CHANGE BALLOT TITLE AND
BALLOT SLT1vIMARY LANGUAGE, AND PROVIDING AN EFFECTIVE DATE.
City Attorney Alan Jensen stated this is to refine the language in the two previously
passed Ordinances on the referendum to satisfy state requirements, per the Supervisor
of Elections office.
Motion: Aogrove Ordinance No. 33-07-14 as read.
Moved by Waters, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
September 10.2007 REGULAR COMMISSION MEETING Paee 8
D. Ordinance No. 58-07-32, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 4, POLICE OFFICER
RETIREMENT SYSTEM, TO PROVIDE THE LIMITED OPPORTUNITY TO
CHANGE A DESIGNATION OF BENEFICIARY BOTH PRE AND POST
RETIREMENT; PROVIDE THE OPPORTUNITY TO PURCHASE CREDITED
SERVICE FOR PRIOR MILITARY AND POLICE OFFICER EMPLOYMENT ON
PAYMENT OF FULL ACTUARIAL COST BY THE EMPLOYEE; PROVIDE
PROVISION FOR ADJUSTMENT TO NORMAL RETIREMENT BENEFIT IN THE
EVENT DESIGNATED BENEFICIARY PREDECEASES THE EMPLOYEE;
PROVIDE INCREASES IN EMPLOYEE CONTRIBUTION RATE; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
Finance Director Nelson VanLiere explained this Ordinance provides three benefit
enhancements to go along with an increased contribution for the police.
Mayor Wolfson opened the floor to the public hearing.
No one from the audience spoke so the Mayor closed the public hearing.
Motion: Aunrove Ordinance No. 58-07-32 as read .
Moved by Borno, seconded by Fletcher
Commissioner Borno complimented staff, George Foster and Nelson Van Liere for
their perseverance on this Ordinance. Mayar Wolfson agreed, stating the citizens
sometimes don't understand some of the work that takes place at the staff level, and
commended staff for their diligence in helping the Commission understand what the
needs are.
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
E. Ordinance No. 80-07-74, 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, 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.
Mr. VanLiere stated this is anacross-the-board 10% increase on both water/sewer base
and water/sewer volume. He explained this includes a 10% increase on October 2007,
October 2008, and October 2009, which was necessary to show the commitment to be
September 10.2007 REGULAR COMMISSION MEETING Pase 9
able to raise the revenues to fund the debt service needed to improve the sewer plant, as
well as providing revenues needed for ongoing operations due to increased costs.
Commissioner Waters questioned where we are with building these things and believes
we aze just positioning ourselves financially and don't actually have a reason to do this
yet. Utility Director, Donna Kaluzniak, stated they plan to start engineering this
coming yeaz, adding one of the items on tonight's agenda is to hire the engineer to start
the engineering design, which will cost several hundred thousand dollazs. She stated
they plan to start construction at the end of this year or eazly 2008. Commissioner
Waters stated he believes lazgely this is being done because of the fear we will have to
do major conversions for TMDLs. Ms. Kaluzniak stated these rules aze going to
change very soon and the City will have to meet those rules and show a commitment to
the DEP to avoid getting negative feedback from them. Commissioner Waters asked
how close they aze to issuing those TMDL rules. Ms. Kaluzniak stated they plan to
have that ready by the end of 2007. She stated the conversion will cost $5-7 million for
just one of the plants and the City may possibly have to do the second plant. Ms.
Kaluzniak stated there may be some grant money available which typically is awarded
at a maximum of SO% and they will apply for the grant money.
Mr. Hanson stated he distributed a rate comparison chart to the Commission which
includes Jacksonville, Jacksonville Beach and Neptune Beach rates along with Atlantic
Beach.
_Motion: Aaarove Ordinance No. 80-07-74 as read.
Moved by Fletcher, seconded by Simmons
Commissioner Borno requested for the second reading that the increase amounts be
provided.
Vates:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Commissioner Simmons left the meeting at 9:30.
Miscellaneous 8. Miscellaneous Business
Business
A. Public hearing to a consider transmittal to the Department of Community
Affairs of a proposed amendment to change the 2015 Comprehensive Plan
Future Land Use Map designation for an area of the City from Residential,
Medium Density (RM) to Residential, Low Density (RL).
Ms. Doerr explained this is a Comprehensive Plan Land Use Map change and will have
to go before the Community Development Board and be transmitted to the Department
of Community Affairs. The Commission is authorizing the transmittal tonight at a
public hearing and then it will come back for adoption in a couple of months.
September 10, 2007 REGULAR COMMYSSION MEETING Pace 10
Mayor Wolfson opened the floor to the public hearing.
Pat Pillmore, 995 Camelia Street, asked what initiated this.
Ms. Doerr stated this was initiated by the Commission. Commissioner Waters stated
this brings the zoning in line with the Comprehensive Plan. Ms. Doerr corrected him
saying it brings the Comprehensive Plan in line with the zoning. She stated it isn't
necessarily inconsistent now, but it is zoned single family. It doesn't affect the ability
of people to rebuild their duplexes in any way. Mayor Wolfson clarified it is to make
the two of them consistent or line up with each other. Commissioner Fletcher asked
Ms. Doerr if this change could allow for larger homes. Ms. Doerr stated this is not
changing any lot sizes, they are already platted and exist in this entire area.
Commissioner Simmons returned at 9:35 p.m.
Commissioner Waters explained what set this off was the Commission re-did the
zoning, making this area single-family, which is less dense. He stated previously it had
akeady been in the comprehensive plan as medium density, so the density was brought
down to low density and single-family homes. Mayor Wolfson stated this is just lining
these two documents up, not making it any different.
Carolyn Woods, 303 6th Street, stated she is also a member of the Community
Development Board and stated this was a very confusing issue for people. She stated it
did come about because the zoning codes for this area were changed in 2001 and this
was prompted by flooding that was happening in the area, so the Commission was
looking for a way to reduce the density. The density was reduced in 2001 through the
zoning changes and this merely takes those zoning changes forward to the
Comprehensive Plan.
Commissioner Simmons stated what she got out of the minutes was that people aze
tired of the dissention in our community and they were afraid this was another example
of it. She believes once they saw that this was just a minor change they were okay with
it, but there was a real fear that we were going to step back into the mess we were in
last year.
No one else from the audience spoke.
Motion:. Authorize staff to transmit aroposed amendment to the Department of
Community Affairs in accordance with Sectfon 163.3184. Florida Statutes.
Moved by Waters, Seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. One-year update on implementation of the Residential Development
Standards.
September 10.2007 REGUI,~R COMMISSION MEETING Page 11
Ms. Doerr updated the Commission on Residential Development Standards stating it
has been without issue/problems. They have had no applications submitted that have
been subject to the Residential Development Standards. She knows of no one who has
been prevented from doing what they intended or wished to do because of Ordinance.
C. Wastewater and TMDL Compliance Program -Engineering Contract
(RFP-07-07)
Mr. Hanson stated there are several major projects coming up in future years to meet
the TMDL requirements. He stated they will first have an engineer determine whether
the two plants can be consolidated to save on the ultimate cost of the upgrades
necessary. Mr. Hanson explained the City has a grant for the design for the re-use
facility. The City would like to use one consultant for both of those projects and they
have gone through the normal consultant selection process as outlined in Florida Law,
received RFPs from several consultants and met with and evaluated them.
(Commissioner Fletcher left the meeting at 9:44.) Mr. Hanson stated the consensus
was the best firm is HDR and he requested the authority to negotiate a scope of services
and price for the first two jobs, re-piping and design of the re-use system which they
will bring back to the Commission for approval for contract authorization.
Commissioner Waters stated we are treading in hypothetical waters here and since we
don't really have a problem yet, we may be getting ahead of ourselves since the TMDL
regulations have not yet been issued. He questioned how you pick a firm when you
still don't know.
Mr. Hanson stated we have been working with this process for over two years. He
stated it is possible there may be some very minor modifications to the standards on the
table but it is inevitable we are going to have to upgrade our wastewater plants to take
out more nitrogen like everyone else is. He stated we are not designing the upgrades at
this point, only looking at re-piping some of our systems to avoid some of the upgrade
costs.
Commissioner Waters stated HDR Engineering is the speaker at this month's Florida
League of Cities meeting in Palatka and their topic is TMDLs and suggested if anyone
is free next Thursday they might want to attend.
Commissioner Fletcher returned at 9:49.
Mayor Wolfson stated he understands Jacksonville Beach is a little ahead of Atlantic
Beach in this process and asked what the status was on Jacksonville Beach's
requirements. Ms. Kaluzniak stated they have actually started designing their treatment
plant upgrade but she does not know what percent completion they are at right now.
She stated they don't have the option of some of the issues we do, like re-piping,
because they only have one plant. Mayor Wolfson stated he asked this because they are
a little bit ahead of us in the process, but it has happened to them and it is coming our
way. He stated he sees this as an anticipatory request, not something that is
speculative, it is pretty imminent.
September 10.2007 REGULAR COMMISSION MEETING Page 12
Commissioner Simmons stated she does not even believe it is anticipatory, as she
remembers receiving a chart with a timetable by years with what was going to take
place, and according to that chart, Jacksonville Beach came before us. She stated we
were told to do something in 2005, and something in 2006, which we did. She stated
it's not that we are waiting for them to tell us to do something, they have already told
us.
Ms. Kaluzniak stated the spreadsheet Commissioner Simmons probably saw is
basically going to be used as part of the basin management action plan. She stated the
spreadsheet includes all of the plants, what the projected projects are and their projected
timelines. She stated we were required to submit that and they are not holding us to it
yet because they know a lot of cities aze still getting their feet on the ground. She
stated this will be a legislative item and once it goes through we will be tied to that
schedule, barring any major unforeseen circumstances such as a huge hurricane, etc.
Motion: In response to RFP 07-04. (1) designate HDR Engineering as the City's
engineer for Wastewater and TMDL Compliance Program; (2) Authorize staff to
negotiate a contract for a TMDL Feasibility Investigation to determine the most
cost effective way to meet the TMDL; (3) Authorize staff to negotiate a contract
for design and permitting of a Reclaimed Water Stem; 4) Authorize staff to
negotiate future contracts for deli ng~and permitting of wastewater plant upgrades
or wastewater system modifications based on the outcome of the Feasibility
Investigation; and (S) Scopes of Work for various contracts will be developed by
staff and brought to the Commission for individual approvals as necessary.
Moved by Borno, Seconded by Simmons
Votes:
Aye: S - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 4 -
MOTION CARRIED
D. Order Requiring Removal of Underground Tank
City Attorney Jensen stated this is required by statute to request that Ferrell Gas remove
an underground tank in the Gity right-of--way.
Motion: Approve order requiring removal of underground tank.
Moved by Borno, Seconded by Waters
Commissioner Borno stated, as the City Attorney advised, this is a step process and this
is a good way to go.
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Seutember 10.2007 REGULAR. COMMISSION MEETING Pace 13
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson stated the police department had another alcohol deployment to determine
if employees in businesses in Atlantic Beach would sell alcohol to minors. He stated
they checked 151ocations, of which S were charged with selling alcohol to minors as
listed on the staff report.
He stated there is a workshop tomorrow night to consider the Tree Ordinance and the
agreement with Neptune Beach on the Town Center. He stated there is also a special
meeting scheduled next Monday, September 17, at 6:30, which is a budget hearing and
a second reading on the referendum language to comply with State law.
Commissioner Fletcher suggested changing the Workshop meeting from tomorrow
night to next Monday, September 17, after the budget meeting, due to a very important
meeting in Jacksonville regarding the Kernan Boulevard Overpass. It was unanimously
agreed by the Commissioners to change this meeting.
Commissioner Waters asked what was the nature of the alcohol sale at Plantains, Ocean
60, Ragtime and BP. Chief David Thompson stated there were under-aged juveniles
going in and purchasing alcohol. Commissioner Waters believes there is a substantial
difference from whether they sold asix-pack, etc., which the gas station could sell, or
what Ragtime could sell. Chief Thompson stated some place like Ragtime or Plantains
is usually over the counter, but at one of the food marts they more often sell asix-pack
or twelve-pack, etc. Commissioner Fletcher stated he would be willing to look at being
more aggressive with this issue. Commissioner Waters stated the City does not have a
form notice they could force establishments to post where their cashier is, stating they
cannot sell to minors. He stated the City could do some things to reinforce its position.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney City Attorney Jensen
• Needs the original of the Order for Ferrell Gas signed by the Mayor and City
Clerk as soon as possible.
Commissioner Fletcher left the meeting at 10:05 p.m.
A. Parking an Ocean Boulevard
Mayor Wolfson stated the merchants on Ocean Boulevard have filed complaints that
the parking in front of their shops has been utilized repeatedly by construction workers
for One Ocean (formerly the Sea Turtle). He stated the General Manager has been
apprised of this and has attempted to correct the problem, but it still continues. Mr.
Hanson stated he was told today the General Manager is trying to lease off-site parking
to carry them through this construction project, but it has not been successful to keep
the contractors from parking in those spaces. Mr. Hanson suggested temporarily
marking the parking spaces for 1-hour parking through the finish of the construction
project. Before doing so, he asked that the Commission give him their approval.
September 10, 2007 ~i,,EGULAR COMMISSION MEETING Pace 14
Mayor Wolfson stated his concern would be that the 1-hour parking would impede
customers from being able to go to dinner or lunch or do their shopping in that time.
He stated if they were to do something like this, he suggested a longer period.
Commissioner Borno suggested sending a letter to One Ocean's corporate headquarters
asking them to get this under control, rather than putting time limit signs on Ocean
Blvd.
Commissioner Simmons stated if time limit signs were installed, it should be between
certain hours only.
Commissioner Waters stated he agreed with Commissioner Borno, at least as a first
step. Commissioner Simmons stated if they make those two blocks on Ocean Blvd.
time limited, they will just go park someplace else.
After further discussion, the Commissioners agreed to ask the City Manager to send a
letter an the Commission's behalf asking corporate headquarters to resolve this by
getting all their contractors on their own property and out of the public pazking areas
and give their manager the support and authority that he needs to do so.
B. Atlantic Boulevard Median Modification for Wal-Mart
Mayor Wolfson read a letter from Vice Mayor of Neptune Beach opposing the removal
of palm trees in the median.
Mr. Carper presented slides showing the changes to the median as proposed by Wal-
Mart's engineers. He stated they will need a permit from FDOT for these changes and
relocation of the four Medjool palm trees as proposed. Mayor Wolfson stated Atlantic
Beach and Neptune Beach, as municipal entities, have the right to petition to FDOT to
turn this request down.
Mayor Wolfson asked Mr. Carper what has changed with the anticipated traffic that
didn't manifest during the early process, causingWal-Mart to request this change in this
median, when they told us originally there was not an issue with traffic flow. Mr.
Carper stated he has asked that question of the engineer but he has not answered. Mr.
Carper also stated City of Atlantic Beach and Neptune Beach have requested a meeting
with FDOT and he believes the date for the meeting will be September 18.
Mayor Wolfson stated he is not in favor of relocating the palms. He stated he noticed
that one of the criteria proposed by FDOT is, if these palms are to be relocated, Wal-
Mart would have to guarantee the life of those trees for one yeaz. He then asked Mr.
Carper how long the trees have been there. Mr. Carper stated they were planted in the
early 1990s. Mayor Wolfson stated if the palms aze relocated on this median, not off of
this median, then he would want FDOT to require the long-term tenant to guarantee the
life of those trees for at least the age they are presently, another ten years.
Commissioner Borno stated if FDOT allows this change, it would change the Light
cycle, which has not been discussed. Mr. Carper stated they would have to add
Seutember 10.2007 REGULAR COMMISSION MEETING Pace 1$
additional turn time to the signal. Commissioner Borno stated he is against the change
to the median.
Commissioner Simmons stated she is concerned about the traffic backing up at the turn
lane which blocks the thru lane of traffic.
Mayor Wolfson asked the Commission to take the position that we aze not interested in
relocating the trees off the median.
Commissioner Waters stated there should be no concession to traffic, that we maintain
what is there. He believes our first fight should be to save the trees in the median and
the median as is. Mayor Wolfson asked Mr. Carper if the FDOT traffic study said there
was no problem. Mr. Carper stated the study indicated no increase in traffic. Mayor
Wolfson stated any correspondence regarding this issue should be documented and
handled through the City Attorney. He also requested an official letter coming from
this Commission that we are not in favor of changing of the median at this time.
Commissioner Borno stated the letter should include the irregularities in their traffic
study and FDOT.
Commissioner Waters
• Asked what they are going to do about the palm trees in Town Center. Mr.
Hanson stated they will be replaced.
• Reminded the Commission about Florida League of Cities dinner this coming
Thursday, with the topic being TMDLs.
• Asked about the political forum for the candidates. Mayor Wolfson stated it
will be held on the September 20 at Atlantic Beach Elementary.
Commissioner Simmons
Would like the City to consider using different type of plants to replace
diseased palms in Town Center.
Commissioner Borno
• Northeast Florida Regional Council wants input on any issues for the
legislative priorities by September 14.
• Reported he was appointed to the Fiscal Committee of the Northeast Florida
Regional Council.
• Reported on the Kernan Overpass. Stated he took the letter to the council
meeting, passed it out and every councilmember who received a letter took the
time to read it. He stated at that vote it was defeated. It was also defeated at
three committee meetings, which means it will not be on the consent agenda
but instead will be on a regular open vote at the Council Meeting tomorrow
night. He stated if this gets defeated in Council it will be one year before it can
be brought up again, but with the engineering plans in place there is a
possibility they could start digging ditches in 120 days and start the overpass.
• Asked that the Commission approach FDOT by official letter to change the
signals at Plaza and Dutton Island to the countdown signals now and have it
stop all traffic from all four quadrants. Mayor Wolfson asked that
Commissioner Borno discuss this with Mr. Carper and Mr. Hanson.
Se tp ember 10, 200'7 REGULAR COMMISSION MEETING Page 16
Mayor Wolfson
• Stated it was requested that a notice be put in front of City Hall regazding the
Beaches Watch Political Forum. Mayor Wolfson asked Mr. Hanson to explain
the City's position on this. Mr. Hanson stated there is no written policy for the
use of the billboazd out front or for banners in Town Center but his policy,
which follows City Code, does not allow off premises advertising. He stated if
it is not an event that happens on this site, it cannot be advertised on this site.
He also stated the other rule is that it must be City-sponsored and we do not
sponsor the candidates forum. He stated this would violate both of the
principles for which he has turned down previous requests, both for the use of
the board in front of City Hall and for putting banners up in Town Center.
Mayor Wolfson stated he would approve this and asked for the Commissioners
thoughts. Commissioner Borno stated he is against this, Commissioner
Simmons stated she is against this, Waters stated he would approve this.
Mayor Wolfson stated atwo/two vote will not pass and stated this issue for
future requests could be approached again when all Commissioners aze present.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:53
pm.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey, CMC
City Clerk
