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Draft Min 5-29-07MINUTES REGULAR CITY COMMISSION MEETING May 29, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson Commissioner Sylvia N. Simmons Mayor Pro Tem J. Dezmond Waters III City Attorney Alan C. Jensen Commissioner Mike Borno City Manager Jim Hanson Commissioner Jamie Fletcher City Clerk Donna L. 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 May 14, 2007. Motion: Apurove the minutes of the Regular Commission Meeting on Mav 14, 2007, as written. Moved by Fletcher, seconded by Borno. Votes: Aye: 5 ,Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Presentation of Transportation Improvement Program by Wanda Forrest of First Coast Metropolitan Planning Organization (MPO) Wanda Forrest, First Coast Metropolitan Planning Organization presented the draft Beaches Supplement Transportation Improvement Program for 2007/08 -2011/12 and reviewed the projects included in the five year schedule of transportation improvements program. Mayor Wolfson asked Ms. Forrest to elaborate on the source of funding for these projects. Ms. Forrest stated the source of funding is either through the Florida Department of Transportation ar the Better Jacksonville Plan. Commissioner Borno asked if a stoplight is planned at Osceola and not relocating the one at 21 S` (Item #3, page 1). Ms. Forrest stated she would ask the FDOT and let him know. Commissioner Borno asked if intersection improvements at Atlantic Blvd/Kernan Blvd. are referring to the overpass (Item #2, page 2) and stated we need to stick to the Better Jacksonville Plan since everyone bought into it with the %2 cent increase in taxes. Ms. Forrest stated she believes that is still planned for that location May 29, 2007 REGULAR COMMISSION MEETING Page 2 and stated this project is under the JTA purview but she will take in his comments. She stated they would have to go back and amend the Plan in order to take it out. Commissioner Borno questioned what improvements are planned at the intersection of Beach and Kernan (Item #3, page 3). Ms. Forrest stated she would have to find out for him. Referencing the Mayport Rd traffic signal update -Atlantic Blvd to Wonderwood Drive (Item #2, page 5) Commissioner Borno stated, although it is funded for this year, there is nothing in this report that shows anything on the resurfacing and traffic signals of Mayport Road from Atlantic Blvd up to Mayport. Ms. Forrest stated that would not show up in this report because that funding has already been identified and this is more of a budget document that shows when funding will be identified. Commissioner Fletcher stated his concern is a broader concern about hurricane evacuation and explained all of our evacuation routes are currently under construction or will be under construction during this coming hurricane season and also two bridges are out, the Matthews and the Beach Blvd. bridge. He asked if Ms. Forrest is aware of any FDOT or MPO studies on the impact these simultaneous projects will have on our evacuation. She stated she is not awaze of any studies but believes the FDOT will be responsive under those certain events and will bring this up to the FDOT. Commissioner Fletcher asked if there is a contingency plan in case of a hurricane that would suspend construction. Ms. Forrest stated she is not aware of what the contingency plan is but will follow up with the FDOT to find out exactly what they do plan to implement in case of a hurricane. She stated Sonya Doerr sits on their Technical Coordinating Committee which will be meeting next Wednesday and she can follow up with all of his questions because there will be FDOT representatives at that meeting. Mayor Wolfson stated there is a meeting of all emergency officials for the county on June 1 at 10:30 at 515 Julia Street and he formally requested that a representative of the FDOT be at that meeting to answer these questions. He stated all Beaches representatives will be at that meeting. Commissioner Fletcher asked what is Plan B and stated he would like the Commission to request the FDOT's response in writing. Mayor Wolfson stated he would make that request. Mayor Wolfson reported all five commissioners feel very strongly about the Kernan/Atlantic Blvd. overpass and it is their position unanimously to send that concern directly to the FDOT, not to remove that under any circumstances regardless of the position of Councilwoman Self. Ms. Forrest stated that is a Better Jacksonville Plan project and under the purview of the Jacksonville Transportation Authority, FDOT really has nothing to do with that particular project. Mayor Wolfson stated the beaches look at it as a state highway, a main evacuation corridor, and a major concern for the welfaze and the safety of our citizens and urged Ms. Forrest to take back to the FDOT the Commission's wishes that this overpass be kept in the plans. Mayor Wolfson asked Ms. Forrest to elaborate on the Atlantic Intracoastal West improvements (Item 1, Page 3). Ms. Forrest stated this is a Better Jacksonville Plan Project and are at grade improvements at the intersection locations at Atlantic Blvd. and Girvin Rd., Hodges and San Pablo. She stated she will have to talk to the JTA representative to see what exactly those improvements are. Mayor Wolfson stated he is also concerned about the sinking of Mayport Road at the Village and asked if this has been funded. Ms. Forrest stated she has not seen that in the work program. Mayor Wolfson stated the Governor had been asked and he still has not seen anything to that effect and stated that roadwa~ is under water at high tide. He asked how long the Atlantic Blvd resurfacing from 3` May 29.2007 REGULAR COMMISSION MEETING Page 3 to Mayport Rd (Item 1, Page 2) will take. She explained it is not funded until 2009/2010 and won't start until then. Michael Hoffman, 176 Camelia Street, stated he is concerned about the City Manager refusing a request of an elected official, specifically that an arborist or urban forester find some inexpensive ways to improve or restore the quality of life in the South Marsh Oaks neighborhood due to the pollution caused by the flyover project. Pat Pillmore, 995 Camelia Street, expressed her appreciation of the transportation report presented tonight by Ms. Forrest. She also questioned who gets the "Save Atlantic Beach" war chest in the upcoming election. She believes this will set the tone for the campaign and expressed there should be disclosure when an Atlantic Beach candidate has been working with the Jacksonville Planning Department, the City of Jacksonville, State and Federal road work projects, comp plans in Jacksonville, overlays in Jacksonville and with City of Jacksonville Council members and Mayor. She stated the disclosure should be what they did to get there and on relationship development processes, portfolio development investment and development planning outside the City of Atlantic Beach because their allegiance should be first to Atlantic Beach and not the City of Jacksonville. 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 Meeting A. City Manager's Follow-up Report. City Manager Jim Hanson stated they received a letter from the Department of Community Affairs dealing with the Comp Plan amendment for the Selva Marina Country Club and asked Ms. Doerr to give an overview. Ms. Doerr explained what was received was a no ORC letter, meaning they had no objections, recommendations or comments related to our proposed amendment. She stated this means we can proceed through the process. She stated they did pass along the comment from DEP that the applicants are undergoing a Phase I and Phase II environmental analysis. Mayor Wolfson asked Ms. Doerr if there was any concern about contaminants from the old airfield. Ms. Doerr stated that was what the Phase I and Phase II assessments will tell us. She stated whatever contamination is there, if any, will have to be addressed before the site can be redeveloped or disturbed. 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 and Building Report for Apri12007 and Annual Water Quality Report for 2006 (City Manager) Mav 29 2007 REGULAR COMMISSION MEETING Page 4 Committee Reports B. Sawgrass Chapel Place Acceptance of Water and Sewer Infrastructure for City Ownership and Maintenance (City Manager) Commissioner Bomo asked that Item A be pulled for discussion. Motion: Approve Consent Agenda Item B as read. Moved by Waters, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Borno asked if it is a mandatory requirement that the City has to print the Water Quality Report and mail it out each time it is received. Utility Director Donna Kaluzniak replied we have to mail an annual Water Quality Report before July 1 gt every year. Motion: Approve Consent Agenda Item A as read. Moved by Simmons, seconded by Bomo Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 5. Committee Reports None Action on Resolutions 6. Action on Resolutions None Action on Ordinances 7. Action on Ordinances A. Ordinance ZO-07-85, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 Mayor Wolfson opened the floor to the Public Hearing. Walter Bell, President of Jacksonville Beach Elementary Preservation Fund, 1482 East 25~' Street, Jacksonville, stated he was speaking on behalf of the Jacksonville Beach Elementary Preservation Fund and asked that the Commission continue supporting this and stated they will be having a grand opening on June 22. He stated the Commission will receive an invitation to come see hvw the money they have extended to them will serve all the citizens. Mav 29.2007 REGULAR COMMISSION MEETING Page 5 Mayor Wolfson noted there was a typographical error on the fifth Whereas. He stated there is a dollar sign that has been omitted and it should read, "the entire $25,000", not "the entire 25,000". Mayor Wolfson closed the floor to the Public Hearing. Motion: Aparove Ordinance No. 20-07-85 as written Moved by Borno, seconded by Simmons ~~ Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request for Abandonment of Remainder of Cornell Lane Right of Way Public Works Director Rick Carper presented a report on Cornell Lane right-of way and explained the reasoning behind the request for the abandonment. He stated Habitat wishes to construct a duplex on the land. Commissioner Waters stated he supports the abandonment of the right-of--way but does not support a duplex being built there. He stated he believes asingle-family home should be built instead. Commissioner Fletcher agreed a single family home would be better. Commissioner Simmons asked if there was any need to have the right-off way. Commissioner Borno stated he was in support of the abandonment of the right-of--way and famly supports Habitat. He stated if you make this asingle-family, you eliminate one family getting a home so he supports a duplex. Mayor Wolfson stated this has been pedestrian traffic that has posed a problem, historically, for the church. Mr. Carper stated that is why the church is in favor of closing the right-of--way. Mayor Wolfson stated this entire neighborhood has been developed as a Habitat neighborhood with duplexes, so although he concurs with his fellow Commissioners that his preference would be single family, he believes in relation to this particular neighborhood it is consistent with every structure in this development and to help address affordable housing he will support the duplex. Commissioner Borno stated the request is to approve abandonment of the right-of--way, not to tell Habitat what to build on it and believes the Commission should stay with the issue and not design what Habitat is trying to do. Motion: Approve abandonment of designated segment of Cornell Lane right-of- way and direct staff to prepare an ordinance for the closure. Moved by Borno, seconded by Simmons Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: i -Waters MOTION CARRIED Mai 29 20A7 REGULAR COMMISSION MEETING Page 6 B. Requesting interpretation of sign regulations Ms. Doerr explained the Jacksonville Federal Credit Union proposes using an LED sign that can be changed on a computer and stated automated changeable message device signs are prohibited in our sign code. Commissioner Simmons referred to a letter from former Commissioner Rick Beaver lobbying the Commission to not change the laws regarding signs and stated she is opposed to changing the sign laws. Commissioner Fletcher asked the City Attorney for his opinion. City Attorney Alan Jensen stated he was asked by Ms. Doerr for his interpretation of the sign law a couple of weeks ago and he stated his interpretation is if the sign has some power source and can change its message at any time in any way, it probably does not comply with our code. Mr. Jensen stated he suggested if Ms. Doerr needed further direction, the ultimate interpreters of our code are the elected officials which is why she is asking if the Commission concurs with her interpretation that if they impose the condition the sign can only be changed once every 24-hours, is it in keeping with our Ordinance. Commissioner Fletcher stated he is opposed because the sign moves and violates the City's sign ordinance. Commissioner Borno asked Mr. Jensen for reassurance that the sign ordinance is legal and do we need to make any changes to the Ordinance to strengthen it so we don't get into a position like Neptune Beach. Mr. Jensen stated there were none that he knew of at this time, Commissioner Borno stated he is adamantly opposed to these type of signs. Commissioner Waters stated he does not want to challenge the current sign ordinance as it is. Jason Proefrock of Taylor Sign & Design, 4105 First Street, representing the sign company, explained the disadvantages of the changeable plastic insert letter signs and the benefits of the LED signs. Mayor Wolfson stated he too agrees with the Commissioners and stated he would like to encourage the Credit Union to build a monument sign similaz to the one at Wachovia. Motion• Uphold strict interpretation of our current lien ordinance and not allow LED Gshted sins Moved by Borno, seconded by Simmons Mayor Wolfson stated this item was requesting interpretation of the sign regulation. Mr. Jensen asked Ms. Doerr if our Ordinance prohibits LED lighting on a sign. She stated no it does not. Mr. Jensen asked if it prohibits it if it can be changed. Ms. Doerr stated yes, by an electronic or other device. Mr. Jensen stated it might be appropriate to determine that the sign as proposed, would not meet our ordinance. He stated LED lighted signs are not prohibited, but what would make this proposed sign violate our code would be that it can be changed through a power source. He stated he assumes what Jacksonville Federal Credit Union is requesting is the ability to change that once a day, from the 24-hour rule. He believes the consensus is that would still be a violation of the Ordinance as it is written at this time. Motion withdrawn by Borno and second withdrawn by Simmons Mav 29.2007 REGULAR COMMISSIOly MEETING Page 7 Motion: Do not approve sign as proposed. Moved by Borno, seconded by Simmons Mayor Wolfson stated this is requesting an interpretation of the sign regulations so if that is what is being done, he believes there is no action required on this. Mr. Jensen stated there is a request from Sonya that they find that this sign, with the 24-hour rule, is in keeping with our ordinance. Commissioner Fletcher questioned how the Commission answers her, through action? Mr. Jensen stated it needs to be answered by consensus of the Commission, which is by action. Motion withdrawn by Borno and second withdrawn by Simmons Motion: Sign being requested is inconsistent with sign ordinance and is therefore denied because it has a mechanism to change the message on sign. Moved by Borno, seconded by Wolfson Commissioner Borno stated he was against this request because the sign is being used as a mazketing tool to change rates on a daily basis. He stated the City is not after mazketing tools in the sign ordinance, they are after nice signs in accordance with the ordinance. Commissioner Fletcher stated for the record, in his reading of the sign ordinance, this sign violates our current sign ordinance. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Distribution and discussion of proposed new Section 24-87 of the Land Development Regulations to address the Redevelopment, Repair or Replacement of Lawfully Existing Residential Uses including those damaged or destroyed by weather-related acts Ms. Doerr summarized the proposed new Section 24-87. Commissioner Simmons questioned what this new Section really does. She stated she does not feel she has enough factual information to take any action tonight. Commissioner Borno agreed to not take any action tonight, as did Commissioner Fletcher until they receive further information. Commissioner Waters stated this new Section does not address the problem of rebuilding ofnon-conforming structures and setbacks. Mayor Wolfson stated the consensus of the Commission is they would like further time to review this issue. Motion: Defer to nett meeting Moved by Borno, seconded by Waters Commissioner Simmons stated she does not believe she will be able to gamer enough information by the next meeting to make a decision. She stated this is a big issue and restated she does not have enough factual information. Mayor Wolfson suggested that Commissioners Simmons and Fletcher get with staff one-on-one and he believes most Mav 29, 2007 REGULAR COMMISSION MEETING Page 8 of their questions could be answered to raise their comfort level on this issue so they could come back at the next meeting to discuss it. Mr. Hanson concurred that it would be helpful for them to speak with Ms. Doerr in the next two weeks. He stated under the present rules, one cannot rebuild a nonconforming use, period, so if there was a disaster tomorrow a lot of these dwellings could not be rebuilt. Mr. Hanson also stated this is an attempt to make it more liberal, to grandfather in uses and densities only. Ms. Doerr stated there are two issues -building back in setbacks and building back your residential use. Mayor Wolfson agreed this is to protect the citizens in the short term instead of moving it to the long term and not addressing this. Mayor Wolfson stated if there was a catastrophic event the Commission could waive the Codes and implement emergency actions, so if something happened between now and next meeting we would not be in peril. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported on the Mayport Road median project stating the FDOT has agreed to increase their funding to keep this project moving ahead, although it is not enough to cover the entire increased project cost. Mayor Wolfson thanked Mr. Carper and Mr. Hanson for their efforts in moving this forward. Mayor Wolfson asked if we are funding the plantings in the medians 100%. Mr. Hanson stated we are funding approximately $500,000 from the City budget, which he believes is the cost of the planting and the median construction. Mr. Carper stated $250,000 of the funding that we are budgeting for the Mayport Road medians project comes to us from the City of Jacksonville as a grant for landscaping for this project. Mayor Wolfson asked what Mr. Career's estimate is for finishing the landscaping. He stated we have adequate money budgeted now to do our portion of the project. Mayor Wolfson stated he has been approached by Greenscape to provide plants and manpower to assist in planting and asked if Mr. Carper would want to pursue this. Mr. Carper stated he would like to bring them in with the City of Jacksonville to get all three participating. Mr. Hanson also reported the Governor signed the Cable Franchising Bill even though the City of Atlantic Beach requested he veto it. Thirdly, Mr. Hanson reported on a letter he received from Supervisor of Elections Jerry Holland requesting changes in our election procedures. He stated City election provisions are in our Charter so to change it takes a vote of the public. Mr. Hanson stated Mr. Holland recommends a referendum be included on our ballot this Fall to be effective for the next City election in 2009. Mr. Hanson recommended the City Attorney prepare a report on what options we may have and present it to the Commission, because to put something on the ballot for a referendum would have to be done through an Ordinance. Mav 29, 2007 REGULAR COMMISSION MEETING Page 9 Reports/Requests 10. Reports andlor requests from City Commissioners and City Attorney City Commissioners City Attorney City Attorney Alan Jensen • Reported on meeting with staff and others regarding the Moody project stating it was the consensus it would be appropriate for the City of Atlantic Beach to submit a letter to the Department of Community Affairs setting forth the concerns expressed at previous Commission meetings. Mayor Wolfson stated he had a conference call with the Department of Community Affairs and discussed the position of the City of Atlantic Beach relative to the concerning issues. The Mayor stated it is DCA's position that Atlantic Beach and Neptune Beach are stakeholders and have every right to communicate our concerns to them in depth and they will use that information in determining the position they will take. Mayor Wolfson directed staff and the City Attorney to draft a letter to the DCA formally stating our position. Commissioner Simmons asked the Mayor if he will be reviewing the letter before it goes out. Mayor Wolfson stated he will be pleased to but feels that Mr. Jensen is very much aware of the positions of the City. Commissioner Fletcher asked to see a copy of the draft of the letter before it goes out and recommended the letter refer to or include Secretary Pelham's letter that states the DCA's belief that the Moody property is within the Coastal High Hazard Area (CHHA). A. Receiving minutes and agendas for board and committee meetings Commissioner Simmons stated she has started receiving the agendas and thanked staff. B. Neighborhood Chats Commissioner Simmons stated the reason we have the Sunshine Law is to give every citizen the opportunity to participate in City government. She stated if we now use the Sunshine Law as an excuse to cut out City Commissioners she believes it blocks City Commissioners from their ability to be protected by the Sunshine Law. She stated while she is a Commissioner, she is also a citizen and should be allowed to attend any Town Hall meeting that is officially called and takes place on City property. She stated she is of the understanding that all that needs to be done is to have a tape recorder running to make sure the meeting is recorded. She stated if this is not true she believes some way needs to be found that the Commissioners' rights as citizens are not violated by the very Sunshine Law that is supposed to be protecting the citizens of the City. She asked the City Attorney to determine whether the tape recorder would be enough. Mr. Jensen stated the purpose of the Sunshine Law is to make sure public business is done in the public, not for people to necessarily participate in meetings. He stated if there is a meeting with two or more Commissioners present then minutes must be taken. Mr. Jensen stated having a tape recorder present would not be sufficient, he believes you must have someone there to operate the tape recorder and be responsible for preparing the minutes. Commissioner Simmons stated then these meetings are not being done in the public if the public is closed out of that and if she or any of her fellow Commissioners are closed out and there is no recording or minutes then it is not taking place in the full public. Commissioner Simmons stated if we are going to have Town Hall Meetings, then we need to find a way to have someone there to take minutes. Commissioner Waters disagreed with Commissioner Simmons stating he has a right to Mav 29.2007 REGULAR COMMISSION MEETING Page 10 speak with his constituents and this has been done historically in Atlantic Beach many times. He stated the Commissioners have the right to meet with their constituents, there is no reason for a tape recording. Commissioner Waters stated there is a great deal of historical voracity for what Commissioner Borno wants to do and he stated it violates absolutely nothing unless another City Commissioner suddenly hones in on it. He asked that the City Manager state that Commissioners have the right to meet in City Hall with their constituents. Commissioner Fletcher stated he likes the idea of neighborhood chats so much that he will be attending, it will fall under Sunshine Law, we will need staff time. He believes they work so well that we need to do it formally like last time but need to be careful about considering staff time since we have budget hearings coming up. He stated he would like to defer the meetings until the Fall. Mayor Wolfson stated the Neighborhood Chats were held quarterly as an extension of districting and with staff support. He stated what Commissioner Borno and Commissioner Fletcher want aze two different things. He believes Commissioner Fletcher wants to continue the formal chats and Commissioner Borno wants to heaz from his constituents, which is the right of any Commissioner. Mayor Wolfson stated this is free speech and elected officials all around the country do that. Mayor Wolfson stated if what Commissioners Simmons and Fletcher want is to reactivate the Neighborhood Chats, then he is not opposed to reactivating those. Mayor Wolfson stated Commissioner Borno wants the opportunity to listen to his constituents, as any of the Commissioners could do. Commissioner Simmons stated that if Commissioner Borno's meetings aze formal enough to be held on City property, then any of the Commissioners deserve the right to attend because they aze also their constituents since there are no districts. Mr. Jensen stated if a Commissioner is not invited to attend, you are not welcome to attend because if you do attend and it hasn't been publicly noticed and there is no one there taking minutes you have violated the Sunshine Law. Commissioner Simmons stated that is why she is saying we will have it publicly noticed and have someone there to take minutes. Mr. Jensen stated there is nothing to prohibit Commissioner Borno from doing what he wants to do. Mayor Wolfson interjected what can't be done is to use City funds to pay a fee if there is a chazge for a facility or advertising, they would have to be paid by the Commissioner personally. Commissioner Borno stated he still fully intends to make himself available in a simplistic form for anyone who wants to come in. He stated he will have the constituents fill out a form with their problem/complaint, etc. and will give them to the City Manager who will sort through them. If there aze action items they will be distributed to the staff and they will get a response to it. The Commission will get a summary of all those slips so they will be made aware of anything that will be sent. Commissioner Waters disagreed that Commissioner Borno should have to pay personally to meet with his constituents since as public officials they don't have offices. He stated what Commissioner Borno is doing is nothing more than a slight attempt to make himself available to the public, as all Commissioners should. He believes this would be a good thing because there are people who do not like to come before a public body to speak and there are people who don't want to speak with staff, they want to come through one of the Commissioners. C. June Workshop Topics Commissioner Simmons questioned what would be on the agenda for the workshop and suggested several items. Mayor Wolfson stated there is an agenda and it can be added Mav 29.2007 REGULAR COMMISSION MEETING Page 11 to for whatever needs they have. He stated the workshop is scheduled for three hours. Commissioner Simmons questioned whether the items need to be listed prior to the meeting for public notice. Mr. Jensen stated they can be listed as much as they can, but since they will not be taking any action on the items it is not mandatory. Commissioner Borno • Regarding the Workshops, he stated there will be an agenda but he doesn't want to get into the quagmire of having subjects brought up from the floor if they don't have information to work on them. • Thanked Commissioner Waters, as president of the NE Florida League of Cities, for the meeting held in May and stated it was an excellent meeting. • Asked that the Commission send a letter supporting the funding for the Fletcher High Science Lab. The Commission was in agreement to send this letter and Mayor Wolfson asked Commissioner Borno to write the letter and forward it to the City Manager who will give it to the Mayor for signature. Commissioner Simmons • Reported she has had questions on what is going on at the old Palms Apartment complex. She stated it is seen as a blighted area and an eye sore on our community. • Stated she is also getting questions regarding the Mayport Ferry. • Stated she has received lots of support from the community for what has been done so far on the Moody project and has heard lots of agreement that it is not what they want. Commissioner Fletcher • Asked far clarification regarding discretionary funds allotted to the various Boards by the budget process, and if it is correct that only those Boards by majority vote can decide to spend those funds. Mr. Hanson stated, although there are some discretionary funds, any new projects are to be reviewed by the City Commission before they go ahead with the project. • Asked if it is true the $45,000 budgeted to the Cultural Arts Committee cannot be spent without approval of the Commission. Mr. Hanson stated he would have to look at the previous minutes to see exactly what was said on that money. He stated he has been approached by a member of that group stating they have the funding put together to buy a piece of sculpture and they asked what steps it takes to get the $45,000 available to spend on that. Mr. Hanson stated he has asked staff to give him a report and they haven't come to a final conclusion about what it takes. Mr. Hanson stated they will probably need an agreement with the City Commission. Commissioner Fletcher stated he would desire that. Commissioners Simmons and Borno agreed the Committee would have to get the Commission's approval to spend the $45,000. Mayor Wolfson • Regarding Mrs. Brock's tree replacements, he stated it has come to his attention that it may be problematical from the size of the trees as they grow and asked Mr. Carper for his opinion. Mr. Carper stated the Tree Ordinance allows trees to be planted no closer than 10' apart for mitigation purposes. He Mav 29, 2007 REGULAR COMMISSION MEETING Page 12 stated there is room along the front of Mrs. Brock's property to put three (3) oak trees and then the other one can go anywhere else on the property. The oak trees will cause a problem for the infrastructure 40-d0 yeazs from now but if they are planted far enough from the sidewalk they won't be a problem. Commissioner Fletcher stated, as far as he is concerned, this issue is resolved because this Commission voted at the last meeting a very specific legal mitigation plan for her. He stated in order to change that an appeal would have to come before the Commission again. Mr. Carper stated the closest tree to her house would be 20' away, the farthest tree would be 40'. Mayor Wolfson asked again if these trees at maturity pose a problem to the sidewalk and the person's home. Mr. Carper stated someday they could. • Reported gazbage cans and recycling bins are being distributed. He stated he has not yet received his but was wondering if the citizens receive significant information along with the can/bin. Commissioner Borno stated yes. • Reported he is willing to take a 10% cut to help with the budget cuts. • Stated Councilwoman Elaine Brown has asked that all Mayors affected by the Mayport Ferry immediately initiate discussions to place this as aone-time line item for this yeaz's budget in the City of Jacksonville for the purpose of delaying the abandonment of the ferry slip on this side. He explained that if we do not and the City of Jacksonville does not fund it, with the State vetoing it, it will be effectively abandoned and will revert back to the Strickland family who provided that land to the State 60 years ago. He stated he suggested to Councilwoman Brown, if the City of Jacksonville is agreeable, that we take a group to meet directly with the Governor. Mayor Wolfson stated he does not believe the Governor understands the full implications of dead ending that because it is not something that can ever be resurrected - it will be finished forever because there will never be the land available in Mayport Village to allow for a ferry slip every again. He also stated he believes this will undermine the City of Jacksonville's effort and render worthless the $3.5 million cost of putting the infrastructure in. Commissioner Simmons stated she spoke to Congressman Crenshaw about the ferry and he shared the concern of keeping it running and she believes there should be a discussion about reaching out at the Federal level for some help. Mayor Wolfson stated he did speak with the Commanding Officer of the Naval Base and asked him if he would be willing to write a letter, with permission from Washington. His superiors approved his letter, which was written to Senator King and Senator King took that position very strongly that this is important far the Navy. Mayor Wolfson also spoke with the Commanding Officer of the Coast Guazd Station at Mayport who was also very supportive of the ferry. Commissioner Borno suggested Fernandina also be requested to join in that meeting because this will impact them financially. Commissioner Fletcher left the meeting at 10:12 p.m. Commissioner Waters • Reported the Florida League of Cities Annual Conference in Orlando will be held August 16-18, 2007. Mav 29 2007 REGULAR COMMISSION MEETING Page 13 • Stated the Environmental Permitting Summer School, which everyone received information on, is the most well run conference and encouraged the Commissioners to attend. • Wants to recognize the citizen who has organized the Dancing in the Streets. Mayor Wolfson suggested moving forward on the recognition with a Proclamation. Mayor Wolfson commended Commissioner Waters on the successful Florida League of Cities evening and all he did in arranging for the door prizes and conducting the meeting. Commissioner Fletcher returned at 10:18 pm. Adjournment There being no furkher discussion, the Mayor declared the meeting adjourned at 10:18 pm. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey, CMC City Clerk