Draft Min 9-24-07MINUTES
REGULAR CITY COMMISSION MEETING
September 24, 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 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 Mayor Wolfson.
Mayor Wolfson welcomed the audience and explained the process for public
comments.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
September 10, 2007.
Commissioner Borno stated there was a change to page 15 under his comments, which
should read Fiscal Stewardship Legislative Council of the Florida League of Cities.
City Clerk Donna Bussey stated there was also a change on page 9, under 8A, which
should read, ...Comprehensive Plan Land Use Map change; it went before the
Community Development Board on August 21 and the Community Development
Board recommended transmittal.
Motion: Approve the minutes of the Regular Commission Meeting on
September 10, 2007, as corrected.
Moved by Borno, seconded by 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.
Commissioner Borno welcomed Scout Troop 623, who stated they are seeking a merit
badge in citizenship for community.
Adelaide Kirkpatrick, 1242 Beach Avenue, addressed the proposed art project and
stated she is opposed to spending any more money on art for the City.
Kevin Gartland, 5433 Tierra Verde Lane, Jacksonville, representing his mother,
Alice Gartland, spoke in support of her request to reduce the 50-foot building
Seutember 24, 2007 REGULAR COA'INIISSION MEETING Page 2
restriction line at her property and the property just south of hers in Block 8 of Unit 3,
so she can build a garage on her property and asked that the Commission consider her
request.
Stephen Kuti, 1132 Linkside Drive, addressed the Commission regarding Wal-Mart
and spoke in opposition to the removal of the palm trees in the median. He stated, in
response to a letter he wrote to Stephanie Kopelousos, Secretary of Transportation, he
received a letter from the FDOT stating a probable solution was identified that will not
require the existing turn lanes on Atlantic Blvd. to be extended and they do not
anticipate the need to remove any landscaping at this time. Mayor Wolfson stated he
also wrote a letter and received a response from the FDOT. He stated he had found the
words "removed" and "at this time" to be problematical and believes this is just a delay.
He stated they can be consistent in not removing, but they can move those trees. He
stated FDOT will require Wal-Mart to protect those trees, if moved, for only one year
and that is not acceptable. He stated if Wal-Mart plans on making a commitment to
this community and our sister community to the south, then the least expectation we
can have of them would be that they would guarantee those trees for ten years and
anything less than that is totally unsatisfactory. Mayor Wolfson stated he has requested
the City Manager respond and renegotiate with FDOT to put those caveats in place so
they have no misunderstanding this is the position of the citizens of this community and
what our expectations are of Wal-Mart and FDOT.
Julie Sleeper, 700 Beach Avenue, stated she is very unhappy with the way the
Commission spends money and stated she is against the artwork.
No one else from the audience spoke so the Mayor closed the Courtesy of the Floor
to Visitors.
Unfinished Business 3. Unfmished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
City Manager Jim Hanson stated he sent a letter to the management at the Sea Turtle
(One Ocean) regarding finding parking for their contractors and employees that would
not interfere with the area businesses and received a response stating they will rent a lot
at the corner of East Coast and Ahern for parking. He also stated Wal-Mart agreed the
trees in the median will remain in place at least until Wal-Mart is built and has been in
place for three to six months to allow them to determine whether it will create more
traffic or not. If a study determines that a turn lane was needed they would eliminate
the turn lane on the other side of the median, northbound onto Pine Street, which would
allow the median to be moved south by 6-8 feet and the width in the median to remain,
so the palm trees could be relocated a few feet to the south.
Commissioner Fletcher asked who will conduct the traffic study and who will pay for
the study. Mr. Hanson stated the City of Atlantic Beach will not pay for the study, he
believes Wal-Mart would pay for the study. He stated they are going to ask Wal-Mart
for a bond that would be enough to pay for the change in the traffic lane should it be
required later as well as a bond that would cover the movement and guarantee of the
September 24.2007 REGULAR COMMISSION MEETING Page 3
palm trees, but does not know who would hire the traffic consulting firm. Sonya Doerr
stated the FDOT would do the traffic study.
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 Financial Reports for August 2007.
B. Award Contract for Beach Cleaning (Bid No. 0607-13) to Beachcombers, Inc.
in the amount of $31,346.80 for cleaning the beach four days a week.
C. Extend the contract for Orthophosphate (Bid No. 0304-24) for one additional
year to Carus Phosphates, Inc. at the contract prices.
D. Award Bid No. 0607-14, Annual Lawn Maintenance Service at City Parks, to
Southland Specialties Inc. in the amount of $59,100.00.
Motion: Approve Consent Agenda Items A, B, C, and D as read
Moved by Fletcher, seconded by Simmons
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. 07-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING
REDUCTION OF THE 50-FOOT FRONT BUILDING RESTRICTION LINE TO 30-
FEETFOR BLOCK 8 WITHIN UNIT 3 OF THE SELVA MARINA SUBDIVISION
AS PREVIOUSLY RECORDED IN PLAT BOOK 29, PAGE 27 AND PROVIDING
AN EFFECTIVE DATE.
Mayor Wolfson read Resolution No. 07-07 by title only.
Ms. Doerr explained the building restriction line and presented a slide showing the
subject lot, stating this resolution will modify the restriction on both adjacent lots in
Block 8. She stated this was not done as a zoning variance because you cannot use a
zoning variance to modify a plat. She stated the applicant wants to build an addition
onto her existing residence that would encroach the 50 ft. line by 5-6 feet and cannot do
that without relaxation of the building restriction line.
September 24, 2007 REGiJLAR COMMISSION MEETING Page 4
Motion: Approve Resolution No. 07-07 as read.
Moved by Fletcher, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
B. Resolution No. 07-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE
CLERKS, ASSISTANT CLERKS, PRETECHS, OS ATTENDANTS, TSX
ATTENDANTS, DEPUTIES AND INSPECTORS FOR THE CITY' S PRIMARY
ELECTION TO BE HELD ON OCTOBER 2, 2007, AND GENERAL ELECTION ON
OCTOBER 16, 2007, AND SETTING THEIR COMPENSATION.
Mayor Wolfson read Resolution No. 07-07 by title only.
Motion: Approve Resolution No. 07-08 as read.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
C. Resolution No. 07-06, Public Hearing and Final Reading on adopting a
Tentative Millage Rate
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING
THE AD VALOREM PROPERTY TAX MILEAGE RATE FOR MUNICIPAL
PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE
FISCAL YEAR BEGINNING OCTOBER I, 2007 AND ENDING SEPTEMBER 30,
2008; STATING THE PERCENTAGE BY WHICH THE MILEAGE TO BE LEVIED
EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE
DATE.
Mayor Wolfson read the resolution by title only. He explained this action is for the
adoption of millage rate Resolution No. 07-06. He stated the tentative millage rate is
2.9974, the rollback rate is 2.7523, the tentative millage is 8.91 % higher than the
rollback rate. The purpose for the increase in ad valorem tax revenue is to maintain
adequate funding for the existing level of service at anticipated increased cost.
Motion: Approve Resolution No. 07-06 as presented.
Moved by Borno seconded by Fletcher
Mayor Wolfson opened the floor to the Public Hearing.
Seatember 24, 2007 REGULAR COMMISSION MEETING Page 5
Charlie Stambaugh, 1178 Ocean Blvd., spoke in opposition to the decision by the
Commission to override what the State has passed and not roll back the millage rate
and asked that the Commission reconsider their decision.
Fred Kerber, 375 First Street, believes the City should live within its means and there
should be no increase, but rather a decrease in the millage rate. He also stated many of
the citizens do not care about art and believes if someone wants art they should fund it.
Mayor Wolfson closed the floor to the Public Hearing.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Public Hearing and Final Reading on Ordinance No. 20-07-87 establishing
the Operating Budget for Fiscal Year 2007/2008.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2007 AND ENDING SEPTEMBER 30, 2008.
Motion: Approve Ordinance No 20-07-87 establishing the O eP rating Budget for
Fiscal Year 2007/2008.
Moved by Borno, seconded by Fletcher
Mayor Wolfson opened the floor to the Public Hearing.
Liz Reyes and Troy Lewis, 320 8th Street S., Jacksonville Beach. Ms. Reyes stated
Mr. Lewis is a former employee of the City of Atlantic Beach and asked for
clarification on severance and administrative leave for the two employees whose jobs
were cut from the budget. She stated when they were placed on administrative leave
they were told it was based on proposed budget cuts and if the budget was not
approved and those positions were not cut, then the two employees could go back to
their positions as if nothing happened, with the administrative leave in place. Ms.
Reyes stated, although the budget has still not been put in place, they are now being
told that is not the case. She stated they are now being told that the administrative
leave is now being called the severance package and it started from the day they were
put on administrative leave back in July. City Manager Hanson stated the policy
agreed to was that employees being laid off from this budget would get one week of
severance pay or administrative leave for each year of service and that is what the two
employees who are being eliminated in this budget are getting. He stated they both
started on administrative leave on or before August 1 and have been on that leave ever
since. He stated they have both been. given letters explaining how long their leave will
extend based upon their years of service and stated he would discuss the details of this
with them at some other time, but what the Commission approved is exactly what they
are getting. Ms. Reyes asked when does the administrative leave end and when does
September 24, 2007 REGULAR COMMISSION MEETING Page 6
the severance package begin. Mr. Hanson stated the administrative leave and the
severance package are one in the same as explained in the letter sent from HR Director
George Foster. Ms. Reyes stated if that is the case why is the other employee being
paid past six weeks of his six-year tenure. Mr. Hanson stated he is getting a little bit
more. Ms. Reyes asked how that is fair to another employee who has worked 15 years.
She believes it should start when the budget is official. Mayor Wolfson stated it
certainly should be consistent. Commissioner Waters stated there was confusion from
the budget meeting when the jobs were eliminated and he did not realize staff would go
back and discuss administrative leave. He stated he thought the severance package was
starting then and would carry out. He stated staff has since interpreted it differently and
he would prefer it go forward from that date. He stated that was what the Commission
intended and did not realize it was going to be back interpreted to administrative leave.
Mayor Wolfson stated they will ask staff to look into making it consistent. He stated he
believes her request is a fair one and he will ask the City Manager to look into this and
report back to the Commission and stated they will get back to Ms. Reyes.
Mark Hodgkinson, 5865 Windermere Drive, former employee, stated he was hired to
do the designs in-house to save money so the City did not have to outsource and
believes he was let go because he filed a harassment suit against the Public Works
Director. He stated he believes, by letting him go, it will cost the citizens money that
could have been saved if he was still employed. Mayor Wolfson stated if Mr.
Hodgkinson believes he has not received his fair representation he would encourage
him to look into that further. Mr. Hanson stated this is not the place to try to conduct a
personnel investigation and stated he has looked into Mr. Hodgkinson's complaints for
a long time. He stated he will not try to answer them tonight and believes he should
keep his comments related to the budget adoption. Mr. Hodgkinson stated saving
money is the budget. Mayor Wolfson agreed with the City Manager in that the motion
is to approve the operating budget for fiscal 2007/2008 and it is not a matter of
evaluating or determining Mr. Hodgkinson's complaint against the City.
No one else from the audience spoke so Mayor Wolfson closed the public hearing.
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
B. Ordinance No. 90-07-202, Public Hearing and Final 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.
Mayor Wolfson read the Ordinance by title only.
Ms. Doerr stated the applicant and their entire team are present and will answer any
questions. She noted "Exhibit D" is a minor change made to clarify and stated it is not
Seatember 24, 2007 REGULAR COMMISSION MEETING PaEe 7
part of the PUD but is an exhibit to the Ordinance that addresses the 35' restricted
covenant and will be recorded if this project is approved. She stated it was expanded to
clarify that if the remaining portion of the country club land is ever redeveloped at any
time for any other use, the height is limited to 35' for any residential or non-residential
development.
Mayor Wolfson opened the floor to the Public Hearing
Margaret Kring, 1580 Selva Marina Drive, spoke in opposition to the Ordinance,
stating she believes the proposal to rezone the Selva Marina County Club property from
conservation to Planned Unit Development is not in the best interest of the majority of
the citizens of Atlantic Beach due to reduction of open space in Atlantic Beach,
increased traffic, added pollutants to the air and water systems in Sherman's Creek
area, and increased housing density.
Jack Robbins, 1435 Linkside Drive, HOA president for Selva Linkside I, thanked
the Commission and City Manager and stated they are doing a great job. He spoke in
favor of the Ordinance, stating he believes this is the best choice at this time.
Deborah Muth, 1595 Linkside Drive, HOA president of Selva Linkside II, stated
Selva Linkside II endorses the PUD as it was presented.
Maria Mark, 1148 Linkside Drive, spoke in favor of the PUD. She also thanked the
Commission for agreeing to sponsor this year's MarshFest (November 17).
Chuck Perry, Pine Street Partners, representing the applicant, stated they are seeking
the Commission's approval for the PUD request. He stated also present are Cliff Duch,
architect with Cronk Duch Partners; engineer Doug Skiles; land use counsel T.R.
Hainline; land planner and golf course architect Bobby Weed; and president of Selva
Marina, Allan Ennis, who are available to answer any questions. Mr. Perry requested
the Commission vote for approval of this Ordinance. Mayor Wolfson commended Mr.
Perry and his team for their efforts on behalf of the Club and the community.
Motion: Approve Ordinance No 90-07-202 as read, to include Exhibit D
Moved by Borno, seconded by Waters
Commissioner Waters read for clarification from Exhibit D, "if the property is
developed for any other uses, then (i) the gross density of residential development will
not exceed seven units per acre and (ii) the height of any structures in any development,
residential or non-residential, on the property will not exceed 35 feet." He stated if the
land had to be sold to developers, it is bound by a density and height we can live with
and thanked Selva Marina for agreeing to that.
Mayor Wolfson closed the public hearing.
Commissioner Simmons stated the citizens around the development deserve thanks and
appreciation for the -fact that they worked with the developers rather than just fighting
them.
SCDtember 24.2007 REGULAR COMMISSION MEETING page g
Commissioner Borno thanked Allan Ennis and Selva Marina Country Club for having
such a professional team and stated they have worked extremely diligently to get good
resolution.
Commissioner Fletcher stated he concurred and wished every developer came before
the Commission and regional council with this kind of negotiating attitude.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Commissioner Fletcher left the meeting at 8:43.
C. Ordinance No. 5-07-47, Public Hearing and Final 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.
Mayor Wolfson read the Ordinance by title only and opened the floor to the Public
Hearing.
Adelaide Kirkpatrick, 1242 Beach Avenue, thanked the Commission for taking their
10% salary cut.
Mayor Wolfson closed the Public Hearing
Motion: Auprove Ordinance No OS-07-47 as read
Moved by Waters, seconded by Borno
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Commissioner Fletcher was not present for the vote.
D. Ordinance No. 80-07-74, Public Hearing and Final Reading.
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION
22-27 CHARGES FOR WATER SERVICE, TO INCREASE THE WATER BASE
AND VOLUME CHARGES FOR RESIDENTIAL, IRRIGATION AND
COMMERCIAL CUSTOMERS: AMENDING ARTICLE III WASTEWATER
SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION
22-166 MONTHLY WASTEWATER BASE FACILITY CHARGES TO INCREASE
RESIDENTIAL AND COMMERCIAL BASE CHARGE RATES; AND AMENDING
SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO
INCREASE THE RATES FOR WASTEWATER VOLUME CHARGES FOR
RESIDENTIAL AND COMMERCIAL CUSTOMERS.
September 24, 2007 REGULAR COMMISSION MEETING Page 9
Mayor Wolfson read the Ordinance by title only. Commissioner Fletcher returned at
8:46.
Mayor Wolfson opened the floor to the Public Hearing.
Benjamin Wait, 962 Ocean Blvd., questioned the appropriateness of the rate increase
and asked how Atlantic Beach can put a utility tax on those homes using Atlantic
Beach water and sewer that are outside the City limits. He also stated he is being
charged a commercial rate on a residential property. Mr. Hanson stated regarding the
rate he is being charged, Mr. Wait should call tomorrow so they can look it up.
Regarding the utility tax, Mr. Hanson stated Atlantic Beach just collects it and pays it
to Jacksonville.
No one else from the audience spoke so Mayor Wolfson closed the Public Hearing.
Motion: Auprove Ordinance No 80-07-74 as read
Moved by Fletcher, seconded by Borno
Commissioner Waters stated 10% each year for three years is a bit much and asked
what that will do to a bill. Mr. Hanson explained they used the JEA rate sheet for
comparison, which uses an average customer at 7,000 gal/month. He stated this
customer presently pays $45.94, and with this increase that bill would be $50.51. For
customers outside the city limits, with the 25% surcharge, they currently pay $57.46
which would increase to $63.17 for the first year's increase. Mr. Hanson stated he
believes all utility companies in northeast Florida region will be increasing their water
and sewer rates because they all have the same mandates for cleaning up the St. Johns
River and will have to expand their wastewater plants to take out the great majority of
the nitrogen that is presently coming out of those plants in order to eliminate the algae.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Request from Atlantic Beach Public Arts Commission, Inc. to release $45,000
for art.
Ray Coleman, 438 Inland Way, stated the money they are asking the Commission to
release for this art project was derived from the State Community Development Tourist
Tax which is earmarked for beautification, enhancement of the streets and highways,
and parks. He stated this has been approved by the Commission three times in the past.
He stated the money from Jacksonville is discretionary to the council members and
believes if we don't take it, it will go to some other park or project. Mr. Coleman urged
the Commission to read the staff recommendation and release the money.
September 24.2007 REGULAR COMMISSION MEETING Page 10
Jonathan Daugherty, 830 Hibiscus Street, stated since this money comes from the
bed tax, which is supposed to support tourism, he would suggest using this money for
projects that have better uses, such as improving beach access or development of the
Dutton Island project. He also questioned whether there may be legal ramifications due
to cities sponsoring art.
Motion: Approve Request from Atlantic Beach Public Arts Commission Inc to
release $45,000 for art continent upon completion of contracts and paperwork as
requested at the last meeting
Moved by Borno, seconded by Waters
Commissioner Borno stated this project started 3 %2 years ago and it was supported by
the Commission. He stated they have heard how the artist was selected and since the
Commission doesn't get involved in these types of things, it why they allowed this
group to form a SO1C3 and pursue this project. He stated it is proper use of the tax
money and is .from 2007's funds and believes the Commission owes it to the citizens
and this committee to approve it.
Commissioner Waters stated the Commission has an obligation to protect and enhance
the environment in which we live. He agreed with Commissioner Borno that this
money was promised to the group of citizens who worked very hard on this project and
it is all coming out of bed tax money, not real estate taxes, which can only be spent on
things that enhance tourism. He stated this is a matter of honoring your obligations,
this money was committed some time ago and he believes one should honor one's
commitments.
Commissioner Simmons stated she never made that commitment and always believed it
should be privately funded. She stated she thought the point of doing a 5013C was to
allow this group to legitimately go out into the community and raise funds for the
artwork. She stated she is opposed to this project.
Commissioner Fletcher stated to spend public money on public art in today's economic
environment is fiscal irresponsibility and stated he will vote against this.
Mayor Wolfson stated he has been studying this and appreciates the volunteers who
have put many years into this effort. He believes art should be used in an area where as
many people as possible can enjoy it and putting it at the 5-way stop is incredulous. He
stated he is opposed to this project.
Commissioner Borno asked Mr. Coleman if there are any private funds allotted with
this besides the $50,000 from the City of Jacksonville and the $45,000 anticipated from
Atlantic Beach. Mr. Coleman stated there were private funds solicited originally for
the formation of the 501 C3, but it was nowhere near what they knew they would need.
Commissioner Borno asked if there is any private money available to take care of the
placement of a foundation and any future maintenance currently in the 501 C3. Mr.
Coleman stated he does not have specific information on that but stated he was told that
would not be a problem to obtain the base and erect. He stated there remain questions
about future maintenance costs and who would be responsible.
Seatember 24, 2007 REGULAR COMMISSION MEETING Page 11
Commissioner Waters stated he is disappointed and believes Jacksonville Beach will
take money and run with it; they may even take the same sculpture. He stated he does
not understand why the Commission is coming under the wire so petty, so poor. He
stated there is nothing wrong with enhancing the quality of life in this City and believes
just giving away $50,000 to Jacksonville Beach does not make sense.
Roll Call Votes:
Aye: 2 -Borno, Waters
Nay: 3 -Fletcher, Simmons, Wolfson
MOTION FAILED
B. Adjust the pay of the City Clerk using the same procedures as all other City
non-union Grade 22 general employees.
Mr. Hanson explained the City Clerk is not officially a City employee but for many
years has been treated as such, in so far as adjusting her pay each year. He stated her
pay is not automatically adjusted when the budget is adopted, so this recommendation
is to handle that position as if it were a regular City employee in pay grade 22 and
adjust the pay as they do other employees with this budget.
Motion: Aaprove adjusting the Aay of the City Clerk using the same procedures as
all other City non-union Grade 22 general emplo ees
Moved by Fletcher, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Mayor Wolfson expressed his appreciation to Ms. Bussey.
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson reported on the news racks, stating the first ones have been installed at
Town Center. He stated the next news rack is planned for the Adele Grage building
and then one will be installed in front of the Publix Shopping Center. He stated they
are delaying the rack at Mandalay Park until they have more than two boxes.
Secondly, Mr. Hanson reported the property tax constitutional amendment that was
scheduled for the January 29, 2008 election has been ruled by a judge to be misleading
and inaccurate, which will take it off the ballot. He stated he does not know if this
decision will be appealed and possibly changed. Mayor Wolfson urged the next
commission stay connected with the Florida League of Mayors and the Florida League
of Cities to understand what the options are.
Mr. Hanson announced that Chief David Thompson is a new grandfather as of this
afternoon.
September 24, 2007 REGULAR COMMISSION MEETING Page 12
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Recommendation for new appointments to the Pension Board of Trustees.
Commissioner Waters summarized the vacancies on the Pension Boards and stated the
applicants for these vacancies as recommended by the Board Member Review
Committee.
Motion: Approve recommendation to appoint John Wolfel to serve on the Police
Pension Board of Trustees to fill Richard Downes'. unex fired term endin October
11.2007 and reappoint him for an additional 2-year term
Moved by Wolfson, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Motion: Approve recommendation to appoint Alan Gleit to serve on the General
Pension Board of Trustees to fill Richard Downes' unexpired term ending October
11, 2007 and reappoint him for an additional 4-year term
Moved by Wolfson, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Motion: Approve recommendation to appoint Bob Sternfeld as a dual member to
serve on the General Pension Board of Trustees and the Police Pension Board of
Trustees to fill Tony Downing's upcoming vacancies
Moved by Wolfson, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
B. Recommendation for reappointments to the Code Enforcement Board.
Commissioner Waters stated it was the recommendation of the Board Member Review
Committee that Richard Ouelette and Carl Russell be reappointed to the Code
Enforcement Board.
Motion: Approve recommendation to reappoint Richard Ouelette to serve an
additional term on the Code Enforcement Board.
Moved by Wolfson, seconded by Borno
September 24 2007 REGULAR COMMISSION MEETING Page 13
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Motion: Auprove recommendation to reappoint Carl Russell to serve an
additional term on the Code Enforcement Board.
Moved by Wolfson, seconded by Waters
Commissioner Simmons referred to a letter just received from a concerned citizen and
asked that the vote be deferred until this information is investigated.
Mr. Hanson explained the letter, addressed to him and copied to the Commission, was
from a neighbor of a rental house that is owned by Mr. Russell. He stated the neighbor
is complaining there are some bad people in the house, several police calls, and too
many unrelated people living in the house to comply with the City's limit. Mr. Hanson
stated Alex Sherrer responded he had just received the complaint for the first time
earlier this month and has been told by Mr. Russell that he is in the process of evicting
those tenants. Mr. Hanson stated the complaint states they have made the owner aware
of the problems for some time and Mr. Hanson stated he has not been able to verify
whether that is correct or not.
Mayor Wolfson withdrew his motion.
Commissioner Waters stated the Board liaison pointed out that Carl Russell serves as a
really great Chairman of the group. He stated if you own property, you are always
going to have a certain number of problems. Mayor Wolfson stated this is just asking
for time to clarify this since the letter has come forth. He stated he has not yet seen the
letter and is just asking for it to be deferred because if they vote Mr. Russell may not
get reappointed tonight. City Attorney Alan Jensen stated Mr. Russell is the Chairman
of the Code Enforcement Board and probably one of the best members they have ever
had on that Board. He stated they don't know whether these allegations are true or not
and they have a recommendation from the Board Member Review Committee and he
believes the Commission should act on it. Commissioner Simmons disagrees with Mr.
Jensen stating sometimes there are instances that did not come out in the Board
Member Review Committee and believes the Commission should not have to vote on
something that is affected by mail received the night of the meeting.
Commissioner Waters withdrew his second.
Motion: Defer recommendation to reappoint Carl Russell to serve an additional
term on the Code Enforcement Board to next meetin
Moved by Simmons, seconded by Fletcher
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
September 24, 2007 REGULAR COMMISSION MEETING Page 14
C. Request expenses be paid by City for attending Northeast Florida League of
Cities monthly meetings.
Commissioner Waters explained that, as an elected official, the City has paid for his
attendance at the Northeast Florida League of Cities, of which he is President. He
stated his term as President of NEFLC expires in December and he will be required to
attend one meeting in December and asked whether the City will pay his expenses
(<$30) for that meeting even though he will no longer be an elected City
Commissioner. He stated there is no November meeting because of Thanksgiving.
Motion: Approve request to pay expenses for Commissioner Waters until the
completion of his term as President of NEFLC in December
Moved by Wolfson, seconded by Fletcher
Mayor Wolfson asked that Commissioner Waters report to the Commission after his
attendance at the December meeting.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Commissioner Borno
• Stated citizens have asked what is going to be done at Five Points.
• Gave afollow-up report on Kernan Overpass, stating bids are expected to be
opened after the first of year and construction started shortly after.
• Reported on the Community Development Board Training Session, stating he
believes it was good training for members of the Community Development
Board and the Code Enforcement Board. He encouraged the training be
offered again when they see more changes in the boards.
Mayor Wolfson extended his appreciation to Commissioner Borno for his support at the
Kernan Overpass meetings.
Commissioner Waters
• Asked for explanation of the conflict of minimum rear setbacks for Selva
Marina as indicated on page 7, Exhibit B of the staff report. Commissioner
Fletcher stated he would like to formally ask the City Manager to ask Sonya
Doerr to provide the commission with clarification.
• Stated Mr. Stambaugh, who spoke this evening and at the last commission
meeting regarding the budget, was very lucid in his presentation and he doesn't
want him to feel the Commission voted arrogantly against him. He stated he
never understands how many people know the bulk of their taxes are paid to
Jacksonville not Atlantic Beach, but Mr. Stambaugh seemed to know. He stated
this would have been a good year to reduce taxes except there was this
motivation that you could never get back if you had to, which is why the
Commission stood their ground. He suggested sending Mr. Stambaugh a letter
of explanation, if the Commission agrees.
Seutember 24, 2007 REGiTLAR COMMISSION MEETING Page 15
Believes the canvas surrounding the baseball field may be promoting
undesirable activities because it is closed in and suggested it be open in a few
places. He stated some of the neighbors have stated there are some problems
going on there. Captain Classey stated he was not aware of any problems.
Mayor Wolfson stated he doesn't believe the question Commissioner Waters had
regarding setbacks needs to go to Sonya, as he believes he can clarify. He stated the
minimum rear setback of 10 feet is from the house and for structures that have a garage
access from the front or side of the lot, the five feet setback is from the garage. He said
if he still wants clarification from staff that is fine, but that is how he reads it.
Commissioner Fletcher stated he still would like clarification from staff.
Mayor Wolfson
Stated the median study by FDOT should be extended to twelve months
because when a new store opens there is a great turnout initially which distorts
the traffic pattern and there should beaten-year guarantee for the trees.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:58 pm.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey, CMC
City Clerk