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10-08-07MINUTES REGULAR CITY COMMISSION MEETING October 8, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Attorney Alan C. Jensen Commissioner Mike Borno City Manager Jim Hanson Commissioner Sylvia N. Simmons City Clerk Donna Bussey ABSENT: Mayor Pro Tem J. Dezmond Waters III 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 Borno. Mayor Wolfson welcomed the audience and recognized newly elected Commissioner John Fletcher. Mayor Wolfson stated Commissioner Jamie Fletcher requested an excused absence to which the Commission agreed. Mayor Wolfson then explained the process for public comments and stated Item 7A will either be postponed or deferred tonight. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on September 24, 2007, the Special Commission Meeting on September 17, 2007 and the Commission Workshop on September 17, 2007. Commissioner Borno stated there were some scrivener's errors, which he gave to the City Clerk for correction. Motion: Approve the minutes of the Regular Commission Meeting on September 24, 2007, the Special Commission Meeting on September 17, 2007 and the Commission Workshop on September 17, 2007, as corrected. Moved by Simmons, seconded by Borno. Votes: Aye: 3 -Borno, 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. Liz Reyes and Troy Lewis, 320 9`~ Street S., Jacksonville Beach. Ms. Reyes addressed the Commission stating there has not been any resolution regarding the definition of the severance and she is seeking an explanation on how this will be handled. Mayor Wolfson stated this will be discussed during Agenda Item 8A. October 8.20(17 REGULAR COMMISSION MEETING PaEe 2 Stephen Fouraker, 387 6th St. Mayor Wolfson thanked Mr. Fouraker for his efforts in getting the news racks installed. Mr. Fouraker addressed the Commission regarding the recent election and doesn't want any of his comments to reflect on any of the candidates, as he believes there was a good slate of candidates. He stated, however, he has never seen such an ugliness of attitude in this community as he has seen recently and reported his signs were tom down by someone on October 3. Mayor Wolfson suggested Mr. Fouraker file a formal complaint with the police department and asked Captain Classey to have Mr. Fouraker f 11 out the proper documentation. Commissioner Simmons agreed stating it has cost her hundreds of dollars to replace signs that were clearly ripped out, destroyed, or thrown away over much of the City. Mayor Wolfson also suggested she speak to Captain Classey. Sally Clemens, 1638 Park Terrace W., addressed the Commission regarding district representation and community character, stating these issues were first approached when John Meserve was Mayor. Pat Pillmore, 995 Camelia Street, addressed the Commission regarding floodwaters. Lynne Roskein,1220 East Coast Drive, stated she worked for Paul Parson's campaign and they have also lost about 200 signs. She stated they didn't point fingers, they just kept ordering signs and to imply that Mr. Parson and Mr. Fletcher are removing Ms. Simmons' and Ms. Wood's signs is outrageous. She stated that if there are accusations to be made there needs to be some proof. Jim Smith, 73 Oceanside Drive, addressed the issue that signs were improperly removed, stating several citizens informed him that there were signs put in their yards without their permission and they were removed by the homeowners. Lizzie Byrnes, 14714th St, stated she thinks there are bigger issues than who took my signs and wondered if we really need to waste the police department's time on this little tit for tat. 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 reported on the setbacks related to Selva Marina PUD and the reappointment of Carl Russell to the Code Enforcement Board. 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 October S. 2007 REGULAR COMMISSION MEETING Page 3 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 Utility Sales Report for August 2007, Public Works and Public Utilities Report for September 2007, and List of New Local Business Tax Receipts issued in September 2007. Mayor Wolfson read the Consent Agenda. Motion: Anurove Consent Agenda Item A as read. Moved by Borno, seconded by Simmons Votes: Aye: 3 - Borno, Simmons, Wolfson Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports A. Summazy of Tree Conservation Boazd Workshop Staff Planner and Tree Board Liaison Erika Hall summarized the staff report on the Tree Conservation Boazd Workshop, stating the Tree Boazd believes they need more time and input from the public to make a decision. Mayor Wolfson read the recommendation of the Tree Boazd from the Minutes of the workshop and agreed with the consensus of the Board that they let the public have input to see if changes are needed. He believes there is not enough information for this Commission to act until the Tree Boazd comes back with some suggestions that would merit the amendment of that Ordinance. Commissioner Borno stated the bullet points on the staff report have started to identify some very concise ideas and he appreciates the thought process that went into it. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 95-07-94, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION, ARTICLE II, TREE PROTECTION, SEC. 23-15 THROUGH SEC. 23-35, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson recommended this Ordinance be deferred. Motion: Table Ordinance No. 95-07-94. Moved by Simmons, seconded by Borno October 8.2007 REGULAR COMMISSION MEETING Page 4 Commissioner Borno believes this Ordinance should go before the Tree Board to evaluate the recommendations before it comes back to the Commission. City Attorney stated there is a difference between tabling and deferring. If it is tabled, it can only be brought back up by a majority vote of the Commission. Commissioner Simmons withdrew her motion, Commissioner Borno withdrew his second. Motion: Defer indefmitely Ordinance No. 95-07-94. Moved by Borno, seconded by Simmons Votes: Aye: 3 -Borno, Simmons, Wolfson Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Employee "Severance" Package and Pay City Manager Hanson summarized the actions taken and explained the severance/paid administrative leave package as related to the two positions that were eliminated. After discussion by the Commission, it was unanimously decided the severance/administrative leave package was fair to both terminated employees and would not be adjusted. B. Recommended use of Community Development Block Grant funds to be carved over to the 2007-08 grant year. Mr. Hanson stated there are funds remaining from the Community Development Block Grant used for septic tank conversions and he would like authorization to use the remaining funds for renovation of the Jordan Park Community Center bathrooms. Motion: Authorize use of remainins FY 2006-2007 CDBG funds for renovation of Jordan Park bathrooms. Moved by Borno, Seconded by Simmons Votes: Aye: 3 -Borno, Simmons, Wolfson Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report None. October 8, 2007 REGULAR COMMISSION MEETING Page 5 Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Recommendation for reappointment of Carl Russell to the Code Enforcement Board. Mayor Wolfson stated the issue against Mr. Russell has been clearly resolved and recommends reappointing him to the Code Enforcement Board. Motion: Approve reappointment of Carl Russell to the Code Enforcement Board to serve an additional term. Moved by Wolfson, seconded by Borno Votes: Aye: 3 -Borno, Simmons, Wolfson Nay: 0 - MOTION CARRIED Commissioner Borno • Requested the City Manager come back to the Commission if the $18,788 funds remaining from the CDBG are not sufficient to complete the bathroom renovations at Jordan Park. Adjournment There being no furkher discussion, the Mayor declared the meeting adjourned at 8:09 pm. c+..S~~ ~ ~,/ Donald M. Wolfson, Mayor/Pre 'ding Officer ATTEST• U Donna L. Bussey, CMC City Clerk