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Draft Reg Comm Min 6-11-07MINUTES REGULAR CITY COMMISSION MEETING June 11, 2007 CITY HALL, $00 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 Administrative Assistant Nancy Bailey Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Commissioner Fletcher. Mayor Wolfson welcomed the audience and explained the process for public comments. Mayor Wolfson welcomed Chief Lorin Mock, Division Chief of Emergency Preparedness Division for Duval County and Carolyn Woods, Member of the Community Development Board. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on May 29, 2007. Mayor Wolfson asked that a change be made for clarification on Page 12, pertaining to the ferry, reflecting "ferry" and "ferry slip" rather "it". Motion: Aaarove the minutes of the Regular Commission Meeting on Mav 29, 2007, as changed. Moved by Borno, seconded by Waters. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Presentation from Lorin Mock, Division Chief, Emergency Preparedness Division, on road construction projects in the event of evacuation. Division Chief Lorin Mock reported on how road construction projects throughout our area will be handled in the event of an evacuation and explained how contraflow of certain arteries will assist in a smoother evacuation. Chief Mock and Chief Thompson addressed concerns from the Commission regarding evacuation. Chief Mock asked the Commission to urge the public to consider evacuation earlier rather than later if threatened by a strong category storm. Chief Thompson expressed confidence in the preparation the City and other agencies have done for a hurricane emergency. Mayor Wolfson stressed the urgency of evacuation off the island before the potential for water surge occurs. Chief Mock stated their mantra is "run from the water and hide from the wind". Chief Mock explained the Florida Motor Fuel program, which requires by State law that every fuel outlet of a certain size, within ahalf--mile of the designated evacuation routes, has emergency generation capability. He stated only 5% of stations June 11, 2007 REGULAR COMMISSION MEETING Page 2 in Jacksonville had cooperated so far but the Governor is sending notices instructing their cooperation. Chief Thompson stated if someone chooses not to evacuate, they do not force them to do so but typically get the description of the clothing they are wearing and next of kin so they can identify the bodies afterward. He stated they do try to educate these individuals letting them know if they decide to stay during a storm, everyone else is going to be gone and there will be no help coming. Mayor Wolfson stated a brochure prepared by the Emergency Preparedness Division would be included in the next water bill, which will tell the citizens what to do and how to be prepared during a hurricane. Sally Clemens, 1638 Park Terrace W. expressed concern about the Five Points clock stating the tide clock is an added distraction and believes Fancy Street Clock Company or private donations should maintain and repair the clock. She also stated the sidewalks on Seminole Road are not only a safety addition but enhance the roadway and are an upgrade that is being utilized by all. Pat Pillmore, 995 Camelia Street questioned the data regarding water or tide surge. Ms. Pillmore expressed disapproval of the new garbage totes, concern over vanishing green space, and outdoor tables at restaurants. No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to Visitors. Unfmished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. 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 List of New Local Business Tax Receipts issued in May 2007. B. Award a contract for Begonia Street Water and Sewer Extension (Bid No. 0607- 08) to Miranda Contracting in the amount of $146,220 and authorize the City Manager to sign the contract. Motion: Aanrove Consent Agenda as read. Moved by Borno, seconded by Simmons June 11, 2007 REGULAR OMMISSION MEETING Page 3 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. 07-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE City Manager Hanson explained when the City asked the FDOT to approve putting medians on Mayport Rd. they answered it was fine to move ahead with it but they wanted the Cities of Atlantic Beach and Jacksonville to maintain their respective medians, which was agreed to. He stated this is the agreement that defines that. Commissioner Waters stated maintenance includes street sweeping, mowing, litter removal, etc., and asked why we get street sweeping in an area we haven't swept before. Mr. Carper stated that is basically a boilerplate pazagraph that is in all of their maintenance agreements and reported the City already does the street sweeping in that azea under the current maintenance agreement we have with FDOT. Motion: Approve Resolution No. 07-04 as read Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 31-07-05, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING SEMI-ANNUAL AMENDMENTS TO THE 2015 COMPREHENSIVE PLAN AS PREVIOUSLY ADOPTED BY ORDINANCE 31-04-04, AS AMENDED; THESE AMENDMENTS INCLUDING ONE CHANGE TO THE 2005 - 2015 FUTURE LAND USE MAP DESIGNATION FROM RECREATION AND OPEN SPACE TO RESIDENTIAL, LOW DENSITY FOR PROPERTY KNOWN AS THE SELVA MARINA COUNTRY CLUB AND ALSO TEXT AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE INTERGOVERNMENTAL COORDINATION AND CAPITAL IMPROVEMENTS ELEMENTS OF SAID PLAN; PROVIDING FOR INTENT, AUTHORITY, FINDINGS OF FACT, FINDINGS OF CONSISTENCY, SEVERABILITY AND AN EFFECTIVE DATE June 11.2007 REGULAR COMMISSION MEETING Page 4 Community Development Director Sonya Doerr requested an insertion of "future land use" before "intergovernmental coordination" in the above description, on the eighth line. Mayor Wolfson stated this is for clarification purposes and is title required by the State. Ms. Doerr explained the timelines for the PUD and rezoning application and encouraged the Commission to move forward with the first reading. Motion: Approve Ordinance No. 31-07-05, including one change to the future land use map designation from recreation and oxen space to residential low density for the property known as Selva Marina Country Club and adopting te$t amendments to the goals, objective and policies of the future land use intergovernmental coordination and capital improvements elements of the 20-15 comprehensive plan Moved by Fletcher, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED At the request of Mayor Wolfson, Gus Adams, Pine Street Partners, 4651 Georgia Highway 111 N., Ochlocknee, Georgia, real estate advisor to Selva Marina Country Club, reported Selva Marina Country Club intends to get their application before the Community Development Boazd at their meeting on July 17. Mr. Wolfson clarified the PUD will be presented to the Development Board at their regularly scheduled July meeting and will be coming back to the Commission in August. Ms. Doerr explained the next step of the comp plan amendment is the adoption public hearing. Then within ten days, it should be sent to Department of Community Affairs, which has 45 days to issue a Notice of Intent to find it in compliance and the PUD cannot be made final until we receive the Department of Community Affairs final order. The Commission determined they would not have the public hearing and final reading until they have seen the PUD and conditions. Mayor Wolfson stated if certain criteria aze not met he is not in favor of finalizing the change. Commissioner Fletcher agreed. Miscellaneous 8. Miscellaneous Business Business A. 5 Points Time-Tide Clock. Public Works Director Rick Carper provided a report on the 5 Points Time-Tide Clock and the options to correct the problems. A discussion ensued and it was determined the Commission was in favor of changing the clock to read the tide only. The Mayor stated he would want a full warranty provided with a replacement clock as well as a picture of what the tide clock face would look like before he could vote for this. Motion: Direct staff to change both faces of clock to read `Tide" only (retain ezisting movements, remove time hands). Moved by Simmons, seconded by Waters June 11.2007 REGULAR COMMISSION MEETING _ __ _ Page 5 Votes: Aye: 3 -Borno, Simmons, Waters Nay: 2 -Fletcher, Wolfson MOTION CARRIED B. Proposed new Section 24-87 of the Land Development Regulations as deferred from the last Commission meeting. Ms. Doerr provided an update of her staff report on the proposed new Section 24-87. Commissioner Waters provided an alternative paragraph D for the Commission's review. Discussion ensued regarding building codes as they relate to City right-of- ways and reconstruction ofnon-conforming structures due to catastrophic events. Motion: Direct staff to notice and schedule action for new Section 24-87 Subsections A-D of the Land Develoament_Reaulations Moved by Fletcher, seconded by Wolfson Commissioner Borno stated he cannot support the original Subsection D, but can support the one that was proposed by Commissioner Waters tonight. Amended Motion: Direct staff to notice and schedule action for new Section Z4-87 of the Land Development Regulations deleting paragraph (d). as recommended by the Community Development Board, and add new paragraph (d), as proposed by Commissioner Waters, which reads "Residential Structures damaged or destroyed from a natural orweather-related act and not from an intentional act of the owner or occupant, which are Nonconforming with respect to minimum Yard Repuire- ments, may be reconstructed within the previously ezisting_nonconforming building footprint if reconstructed in the same design as previously end, subiect to meeting other applicable building codes and regulations " Moved by Borno, seconded by Waters Commissioner Fletcher stated he cannot and will not vote on issues brought before him tonight on this and believes the recommendation by Commissioner Waters seems general and vague. Votes: Aye: 2 -Borno, Waters Nay: 3 -Fletcher, Simmons, Wolfson MOTION FALLED Mayor Wolfson withdrew his second (original motion). MOTION DIED DUE TO LACK OF SECOND original motion) There was further discussion regazding what could be done to move this ahead and there was no consensus among the Commission. June 11. Zo07 REGULAR COMMISSION MEETING Page 6 Motion: Direct staff to notice and schedule for action new Section 24-87 sections A-C for the Land Development Regulations Moved by Fletcher MOTION DIED DUE TO LACK OF SECOND Motion: Defer discussion until nett Commission meeting on June 25, 2007 Moved by Waters, seconded by Wolfson Votes Aye: 4 - Borno, Simmons, Waters, Wolfson Nay: 1-Fletcher MOTION CARRIED Commissioner Fletcher left the meeting at 9:37 p.m. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported on an emergency grant application item that must be submitted by June 22, 2007 and signed by the Mayor, which requires approval by the Commission. He stated the City received notice of this deadline late last Friday after the agenda was published and the next Commission meeting will be June 25, which is too late for the City to be eligible to apply for this grant. Mr. Hanson therefore recommends the Commission authorize the Mayor to sign the grant application on an emergency basis. Chief Thompson reported the grant is for $98,317 with no matching funds required. He stated he also needs the authority from the Commission to complete the application process on-line. Motion: Authorize Mayor to sign related paperwork for the application and subsequent paperwork related to the JAG grant and to authorize David E Thompson to submit the appUcation on-Wte and have the authorization to electronically sign the online application on behalf of the Mayor and the Citv. Moved by Borno, seconded by Simmons Votes Aye: 4 - Borno, Simmons, Waters, Wolfson (Commissioner Fletcher was not present to vote) Nay: 0 - MOTION CARRIED Commissioner Fletcher returned at 9:42 p.m. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Report on meeting with Supervisor of Elections, Jerry Holland. June 11, 2b07 REGULAR COMMISSION MEETING Paee ? Mayor Wolfson reported on his meeting with Mr. Holland and stated the State law is in conflict with the City Charter. Mayor Wolfson reported Mr. Holland stated the Supervisor of Elections office would work with the City of Atlantic Beach and Mr. Holland volunteered to come before the Commission to explain the Supervisor of Elections office's concerns and requests. Discussion ensued regarding a change to the Charter. It was decided the Commission would not have Mr. Holland come before the Commission but rather direct the City Attorney to meet with Mr. Holland in order to prepaze an ordinance for a referendum that would bring the City into compliance with State law. Commissioner Borno • Advised the Commission of a recent call from the Atlantic Public Dialogue who claimed to have been authorized by the Atlantic Beach Commission to poll the citizens. City Manager Jim Hanson shared his experience with previous attempts by groups to poll the citizens, which they stated they were doing for the City. He stated he contacted someone who was familiaz with this and was told they would make sure it was corrected and he will do the same thing now. Mayor Wolfson asked if this group is using the City Commission to justify this type inquiry, is there an action the City can take against this group. Mr. Jensen stated if this can be proven, action can be taken. Motion: Investigate the Dolling groua and take legal action, if necessary. Moved by Wolfson, seconded by Waters Vote Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Fletcher • Reported the Northeast Florida Regional Planning Council unanimously found the Moody project to be inconsistent with regional policy plan for the second time. He stated this information and vote will be forwarded to DCA for sufficiency review. Commissioner Waters • Stated he also received the call from the pollsters and did take the poll. Stated someone wants to know where we are going with our developments in Atlantic Beach, who is going to be elected, what we think of Mayport Road, etc. • Commended staff on the new pavilion at the Skate Park. Mayor Wolfson • Stated the letter to the DCA was sent and asked if the Commissioners received their copy. • Reported City Manager and Mayor of Neptune have agreed to meet with the Commission to draft a zoning overlay for Town Center. Stated he will propose they come to the workshop on July 9. June 11, 2007 REGULAR COMMISSION MEETING Page 8 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:00 pm. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey, CMC City Clerk