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