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Draft MinutesMINUTES REGULAR CITY COMMISSION MEETING Apri123, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Pro Tem J. Dezmond Waters III Commissioner Mike Borno Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen City Manager Jim Hanson Administrative Assistant Nancy Bailey Absent Call to Order/Pledge Mayor Donald Wolfson City Clerk Donna L, Bussey Mayor Pro Tem J. Dezmond Waters called the meeting to order at 7:15 p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Mayor Pro Tem Waters. Mayor Pro Tem Waters welcomed the audience and explained the process for public comments. Courtesy of the Floor 1. Courtesy of the Floor to Visitors. A. Mabel Bass, Jacksonville Beach Elementary Preservation Fund, Inc. Ms. Bass stated that the President of the Preservation Fund, Walter Bell, would address the Commission. Walter Be11,14$2 E. 25th Street, Jacksonville, stated the Fund is requesting a lump sum $25,000 for the project. He stated they need this money to finish the project, which is more than 80% complete. Mr. Bell further summarized the history of Jacksonville Beach Elementary. Brenna Darden, 245 Riverside Ave., Suite 150, Jacksonville, pro bono legal counsel for the Jacksonville Beach Elementary Preservation Fund, addressed the Commission and described the stages of development as shown in the pictorial handouts distributed to the Commission. She further summarized the efforts of the Preservation Fund to raise money to help preserve the historic school building. Ms. Durden concluded by asking for the City's support and stated they are willing to have the City write the check directly to the private contractor providing the services. Mayor Pro Tem Waters thanked the group and explained the City has given them the $25,000 allotted over five years but since their request is to receive it all in one lump sum a budget change would be required. Commissioner Simmons explained this will have to be put on the agenda so they can have a motion and have a vote on it and it will take two readings because it is a budget change. Ms. Durden requested the Commission put it on the agenda as soon as possible, to which Mayor Pro Tem Waters agreed, and she stated they would like to attend those meetings to answer any questions that might arise as a result of the public hearings. Aari123, 2007 REGULAR COMMISSION MEETING Page 2 City Manager Jim Hanson asked if it is the Commission's direction that he prepare a budget ordinance for their consideration at the next meeting. The Commission stated yes. Mr. Hanson asked the contractor, Brian D'Amico, if the City agrees to give the $25,000 as a lump sum, will he finish the building and get it to a C.O. and accept payment from the City when it is finished. Brian D'Amico, President of Pro Source Building Company, 512 Tupelo Trace, Jacksonville, stated he is willing to do what it takes to get this project done, including completing the project on a purchase order from the City of Atlantic Beach. He stated that the $25,000 will complete the project. David Bew, 3813rd Street, proposed restarting the practice of recycling Christmas trees for placement in the sand dunes to help prevent beach erosion. He also stated the low police pay scale in Atlantic Beach should be addressed. Commissioner Fletcher stated, during his trip to Washington DC, he received assurances from Congressmen Crenshaw, Brown and Senator Nelson that the beach renourishment would continue. Michael Hoffman, 176 Camelia Street, expressed his support for the Preservation Fund. Mr. Hoffman also expressed his support for single member districts. Stephen Kuti,1132 Linkside Drive, asked the Commission when Lyman Fletcher will give his report on the district representation committee. Mayor Pro Tem Waters stated Mr. Fletcher did not want to give his report without Mayor Wolfson present and stated he will call Mr. FIetcher to see when he will be giving his report. No one else from the audience spoke so the Mayor Pro Tem closed the Courtesy of the Floor to Visitors. Approval of Minutes 2. Approval of the minutes of the Regular Commission Meeting on Apri19, 2007. Motion:. Approve the minutes of the Regular Commission Meeting on Apri19, 2007, as written. Moved by Fletcher, seconded by Borno. Votes: Aye: 4 -Borno, FIetcher, Simmons, Waters Nay: 0 MOTION CARRIED Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report. Regarding the recycling program, Mr. Hanson reported the Sea Turtle has not recycled in the past but WSI is contacting them to see if they want to establish a recycling program. He stated he does not have an answer on that yet. He stated the garden homes at Fleet Landing do recycle but the apartment buildings at Fleet Landing do not recycle. WSI is working with them to set up a toter system for the apartment buildings but this is not completed yet either. April 23, 2007 REGULAR COMMISSION MEETING Pace 3 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 Building Department, Utility Sales and Financial Reports for March 2007. B. Extend the annual contract for pest control (Bid Number 0405-9) for one additional year to Tru-Green/Chemlawn in the amount of $13,492. Motion: Approve Consent Agenda as read. Moved by Borno, seconded by Simmons Votes: Aye: 4 - Borno, Fletcher, Simmons, Waters Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Lyman Fletcher, Chairman of the District Representation Study Committee to make report on progress. Mr. Hanson stated he spoke with Lyman Fletcher and reported he intends to give his report at the next commission meeting. Action on Resolutions 6. Action on Resolutions None Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-07-199, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-O1-172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY ADDING NEW ARTICLE V. CONCURRENCY MANAGEMENT SYSTEM AND PROPORTIONATE FAIR SHARE (ATTACHED AS EXHIBIT A) TO CHAPTER 24 OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Pro Tem Waters opened the floor to the Public Hearing. No one from the floor spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 90-07-199 as written April 23.2007 REGULAR COMMISSION MEETING Pace 4 Moved by Simmons, seconded by Fletcher Votes: Aye: 4 -Borno, Fletcher, Simmons, Waters Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business None City Manager 9. City Manager A. City Manager's Report Mr. Hanson stated there is a proposed ordinance that will be introduced Apri124 at the Jacksonville City Council meeting to eliminate the planned overpass on Atlantic Boulevard at Kernan due to concerns from residents and the owner of the adjoining shopping centers. He stated the legislation is proposed by Councilwoman Self with a final vote on May 22. Mr. Hanson also reported on the revised routes for gazbage pick- up, stating the routes were determined by which areas generate the most refuse, which will be picked up first. A map with legend was used to present the revised routes. The Commission agreed to express their support for the Kernan overpass at the City Council meeting. Jim Hanson offered to write a letter and Mayor Pro Tem Waters and Commissioner Borno stated they will attend the City Council meeting to express their support for the overpass. Mayor Pro Tem Waters asked the City Clerk to confirm the Jacksonville City Council will address the overpass issue tomorrow night. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Fletcher Stated another issue coming before the Jacksonville City Council is the Moody property. As presently proposed, the Moody site is a danger to the citizens of Atlantic Beach. That property is within the CHHA zone and at the base of our Atlantic Blvd. bridge, the major hurricane evacuation route. Atlantic Blvd. akeady fails the minimum time standards to get out of the beach in a hurricane, according to the 2005 hurricane evacuation study. 'This proposed project would add 52 minutes to an already failed time. He asked the Commission to direct staff to write a letter to the City of Jacksonville members reiterating our strong objections to the proposed project under violation of state law. Commissioner Borno agreed with Commissioner Fletcher that this project as proposed is a total danger to us, but the developers have redundancy plans, and he believes we need to stay on top of this. Mayor Pro Tem Waters stated the Commission needs to ask staff to outline this very carefully as to what the objections are right now and whether or not it needs to be developed any further. He agreed with Commissioner Borno that something is going to be built there. Commissioner Fletcher asked that the letter simply follow the objections in our original letter of concern and the objections raised in the ORC report. April 23, 2007 REGULAR COMMISSION MEETING Page 5 Commissioner Borno • Reported the USS Stark Memorial Service is scheduled for Thursday, May 17 at Mayport Naval Station. • Congratulated City Manager Jim Hanson's on his participation in the Boston Marathon. Commissioner Simmons • Asked that the issue regarding changing the Comprehensive Plan so all of old Atlantic Beach is consistent be put on the agenda so the Commission can take a formal vote. Mayor Pro Tem Waters asked that it be put on the next agenda. • Also congratulated Mr. Hanson for finishing the Boston Marathon this year and for having his accomplishment printed in the Times Union editor's section. Mayor Pro Tem Waters • Stated he has had questions from owners ofnon-conforming homes if they could re-build after natural disasters such as fire, flood, or hurricanes. He stated in many areas of the City the answer is no and he asked the Commission to think about it and decide if it needs to be discussed. Commissioner Borno stated when they worked on the Ordinance, he believes people were grandfathered and could rebuild nonconforming on the existing footprint as long as it was within Code. Mr. Hanson stated there are two compromises in connection with rezonings. When the southern end of old Atlantic Beach was rezoned away from duplexes, one provision was that people with lawfully existing duplexes could rebuild them in the case of a natural disaster. The second time that was done was in connection with the community character ordinance that deals specifically with old Atlantic Beach, which allows rebuilding of anything made nonconforming through that ordinance. Commissioner Simmons stated things that are not conforming prior to community character cannot be rebuilt and she agrees with Mayor Pro Tem Waters. She stated her neighborhood would change drastically and nobody seems to mind it the way it is. She stated she would like to look at this also. Mr. Hanson said a staff report will be prepared. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:23 pm. J. Dezmond Waters III, Mayor Pro Tem (Presiding Officer ATTEST: Donna L. Bussey, CMC City Clerk