04-24-06MINUTES
REGULAR CITY COMMISSION MEETING
Apri124, 2006
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Donald Wolfson City Manager Jim Hanson
Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey
Commissioner Mike Borno City Attorney Alan C. Jensen
Commissioner Jamie Fletcher
Commissioner Sylvia N. Simmons
Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation,
given by Commissioner Fletcher, was followed by the Pledge of Allegiance
to the Flag.
1. Approval of the minutes of the Regular Commission Meeting on
Approval of Minutes Apri110, 2006.
Motion: Approve the minutes of the Regular Commission Meeting on
Apri110, 2006.
Moved by Waters, 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)
The Mayor introduced Wanda Forrest of First Coast Metropolitan Planning
Organization (MPO). Ms. Forrest briefly reviewed the Draft Transportation
Improvement Program (TIP) 2006/07 - 2010/11. A copy of the document
is attached and made part of this official record as Attachment A. Ms.
Forrest announced that on May 2, a meeting will take place at the First
Coast MPO office to receive public comments regarding the TIP and that on
May 11, the board will take action on approving the TIP. She showed the
Commission that the entire TIP is a much larger document than the Beaches
and Vicinity supplement that they received.
She noted that there were a couple additional projects relating to resurfacing
parts of AlA/Third Street and traffic signal updates on Atlantic Boulevard
April 24, 2006 REGULAR COMMISSION MEETING Paee 2
and on Third Street that were not included in the packet.
Commissioner Fletcher questioned the effects of the simultaneously
occurring multiple road projects on the traffic flow at the beaches and on
hurricane evacuation. He also asked how the resurfacing projects scheduled
for Mayport Road and Old Mayport Road were identified as part of the
program.
Ms. Forrest responded that the DOT has a prioritization scoring process
used to determine which resurfacing projects are scheduled when. She
stated that she will refer the questions regarding multiple simultaneous road
projects and hurricane evacuation to the DOT and to the City of
Jacksonville so that they can provide more detailed answers.
Mayor Wolfson responded to Commissioner Fletcher's concerns by noting
that only one item on the list will affect Atlantic Boulevard. Therefore, the
Mayor did not believe the road projects would create any adverse impact to
the citizens of Atlantic Beach.
Commissioner Borno asked what specific updates are intended for the
traffic signal projects. He also inquired if the dip in Old Mayport Road
will be corrected in order to stop the flooding that occurs there.
Mayor Wolfson replied that the signal update on Mayport Road is a
synchronization project and that the Governor has been asked to address the
dip on Old Mayport Road as an urgent item.
Commissioner Simmons asked that the Commission receive copies of the
additional projects mentioned by Ms. Forrest that were not included on the
original list. Ms. Forrest apologized for those items not being included and
indicated she will email the information to the City Manager.
Commissioner Waters clarified that the additional lanes project for San
Pablo Road would only be adding a turning lane, not adding multiple traffic
lanes.
City Manager Hanson thanked the MPO for its help in putting together the
feasibility study for the Mayport Road median project.
The Mayor moved forward with the Courtesy of the Floor to Visitors.
Councilwoman Harriet Pruette, 2171/a Magnolia Street, Neptune
Beach, clarified that she was speaking as a citizen of Neptune Beach, and
not on behalf of the Neptune Beach Council. She stated that she wished to
address the Walmart issue and announced that Neptune Beach will hold a
public hearing before the Planning Development and Review Board at the
Neptune Beach Elementary School on May 16 at 7:00 p.m. She believed
this project would affect Atlantic Beach and asked the Commission to post
April 24, 2006 REGULAR COMMISSION MEETING Paee 3
a notice of the meeting so that Atlantic Beach citizens could attend and be
informed of the issue.
Mayor Wolfson noted that some citizens indicated they wished to speak on
the Community Character initiative. He clarified that Community
Character is an important issue that deserves its own time and focus for
discussion and therefore will not be addressed with the rest of the agenda
that evening. He announced that another workshop to discuss Community
Character has been scheduled for May 9`h at 5:00 pm in the Commission
Chambers. He mentioned that the workshop will involve the Commission,
the Development Board, and possibly citizen participation, but would not
include the consultant.
Stephen Kuti, 1132 Linkside Drive, was joined by Sally Clemens and
Sharon Scholl. He introduced themselves as the Atlantic Beach citizens
who brought a lawsuit against Bridge Tenders regarding its proposed
Johnston Island development. He expressed their support for Resolution
06-06. He indicated that part of their settlement claim provided for
$110,000 to be set aside for the purchase of the Buckman Trust property.
The Mayor commended them on their efforts.
Anne Eastlack,1717 Selva Marina Drive, supported the resolution
[Ordinance #90-06-191] for the large lot size zoning district. She was
opposed to having to sue neighbors in order to prevent lot division.
Sally Clemens, 1638 Park Terrace West, did not approve of the classroom
and courtroom type behavior at the April 10 Commission meeting and
suggested a workshop to educate citizens on appropriate behavior in
government arenas. She discussed the slow and steady pace that the
Community Character process has been moving at for the last couple years.
Ms. Clemens provided her perspective on property rights and gave her
opinion regarding oil drilling off the coast of Florida.
Cindy Funkhouser, Executive Director of B.E.A.M., thanked
Commissioner Fletcher for inviting her to provide an update on the
affordable housing issue, Agenda Item 8E. She reviewed the background
of the formation of the Beaches Housing Coalition and gave a status update
from the last two months. She thanked the Commissioners and local leaders
who have attended their monthly meetings and appreciated their support
and interest. Ms. Funkhouser reported that, due to the large amount of
participation at the meetings, they have created three groups in order to
better accomplish their goals. She described the Advocacy and
Communication Committee and its efforts on establishing a relationship
with the community at large. She acknowledged the assistance they have
received from the City of Jacksonville and specifically thanked
Councilwoman Elaine Brown for her leadership and actions. Ms.
Funkhouser noted that the second committee is the Client Needs and
Resources, created to assist the needs of displaced families. She also
Anri124.2006 REGULAR COMMISSION MEETING Page 4
encouraged the Commission to pass Resolution 06-07, regarding JTA
public transportation. Ms. Funkhouser reported on the third committee,
Affordable Housing and Development, which assists with replacing low-
income units that were sold to developers. She thanked the Commission for
the Community Development Block Grants recently given to Beaches
Habitat. She asked the Commission to help pass the Affordable Housing
Resolution regarding the Florida Housing Trust fund and noted that the
other beach cities and the City of Jacksonville have passed that resolution.
Mayor Wolfson inquired if the panic surrounding the issue two months ago
has subsided. Ms. Funkhouser acknowledged that the situation is currently
in a lull. She reported on the various types of assistance received from
other sources. The Mayor believed that the cap placed on the Florida
Housing Trust fund was going to be removed. Ms. Funkhouser noted that
the Florida League of Cities was still requesting municipalities to pass the
resolution to ensure that actually happens.
Robert Castro, 412 Ocean Boulevard, noted the absence on the agenda of
discussion regarding the redevelopment issue. He spoke against the
proposed redevelopment plans and expressed concern that no homes will be
sold in Atlantic Beach while that issue is under review. He discussed a
copy of a letter he sent to them from the North Florida Real Estate
Association stating that Atlantic Beach property will be red-flagged until
the Community Character issue is finalized.
Retha Rowe spoke on behalf of Bill Deer, 901 Ocean Boulevard. She
stated she lives at Seaplace Condominiums and discussed the adverse
impact of short term rentals. She commended the Commission for
recognizing the importance of strengthening the ordinance to prohibit short
term rentals.
The Mayor announced that a public hearing will be held on Item 7A and
asked that citizens wishing to address that item wait until that point in the
meeting.
Patricia and John Goelz, 1359 Beach Avenue, addressed the Buckman
property acquisition and the proposed Walmart in Neptune Beach. Ms.
Goelz noted she has been working on parks locally and commended John
November and Warren Anderson for their work on the Buckman project.
She thanked Ms. Pruette for asking the Commission to join efforts against
Walmart. Mr. Goelz highly supported the Buckman Trust park idea. He
addressed Agenda Item 8C and believed the sidewalk on Beach Avenue
serves no purpose and should be removed. He commended the City on the
bike paths and proposed connecting the bike paths from the Five Point
Intersection along Seminole Road to Oceanwalk where the new bike path
begins.
Lindley Tolbert, 334 Sixth Street, expressed frustration that the
Commission has postponed addressing the Winter proposal until May 9th
Anri124, 2006 REGULAR COMMISSION MEETING Page 5
She emphasized the importance of this issue and requested that they
consider a more immediate date for the discussions. She inquired about a
rumor that the City has decided that Mr. Winters' services were no longer
needed. She asked that the Commission address whether or not they plan to
table the proposed Winter ordinance and start over with the current Code
and citizen input as the base for discussions.
Mayor Wolfson responded to Ms. Tolbert's questions and comments. He
reported that the City has not terminated its contract with Winter and
Company, but are now conducting workshops among the City without Mr.
Winters' presence. He understood the frustration of the citizens but
explained the necessity to adhere to public notice laws according to the
State's Sunshine Law.
Former Mayor Lyman Fletcher, Mark Middlebrook, Vice President of
the Middlebrook Company, and local attorney Warren Anderson,
addressed the Commission in support of the Buckman Tract acquisition
project. Mr. Fletcher discussed the importance of the marshlands and of
investment in the preservation of these areas. He then introduced Mark
Middlebrook, an advocate for acquisition of environmentally sensitive lands
in the County.
Mark Middlebrook provided information on the potential acquisition of the
Buckman Tract. He displayed a presentation showing facts regarding its
location, the proposed acquisition process, and the cost. He discussed the
Florida Communities Trust, the Florida Forever Program, and the benefits
and advantages of adding these 340 acres to the City's natural preserve area.
Warren Anderson discussed the canoe/kayak trail that could be created if
the tract is acquired. He played a video, compiled by two young adults of
Atlantic Beach, in conjunction with the local band Mofro, and promoting
the Buckman Trust area.
Mayor Wolfson discussed the importance of maintaining and preserving
these submerged lands. He highly supported and appreciated the
gentlemen's efforts on the project. He remarked that he spoke with
Representative Davis in Tallahassee requesting assistance for this
opportunity and that Representative Davis assured he would help with the
matter. The Mayor commended the gentlemen on acquiring 75% financing
of the project.
Lyman Fletcher pointed out that the title for the property would be
transferred to the City of Atlantic Beach in exchange for the City paying
only 25% of its value.
Commissioner Waters inquired how the City would fund the remaining
$400,000 and the Commission discussed ideas relating to this. Mr.
Middlebrook explained the timeline associated with the whole project. City
Manager Hanson asked for confirmation regarding the availability of the
Anri124, 2006 REGULAR COMMISSION MEETING Paee 6
$110,000 to offset the City's share of the purchase price. Mr. Anderson
confirmed that the $110,000 from the Johnston Island settlement is
designated specifically for Atlantic Beach to use to purchase the Buckman
property.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
City Manager Jim Hanson referred the Commission to his written report,
which is attached and made part of this official record as Attachment B.
His report addressed the funding for Atlantic Beach Elementary projects.
Commissioner Waters pointed out the City Manager's report demonstrates
the magnitude of the City's generosity to the school.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Utility Sales Report and Financial
Report for March 2006 (City Manager)
B. Extend the Meter Testing and Repair contract for one
additional year to Reed & Shows Meter Repair & Supply at the
contract prices (Bid No. 0304-15) (City Manager)
Motion: Approve Consent Agenda as presented.
Moved by Simmons, seconded by Borno
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 06-OS
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUPPORTING THE PERMANENT PROTECTION FOR FLORIDA ACT
OF 2006, AND PROVIDING AN EFFECTIVE DATE
Commissioner Simmons believed this is a national level issue and stated she
was not comfortable taking action on it. She expressed concern that the bill
would open Florida waters to drilling that are not currently open to drilling
and that the bill could be changed even further along the way. She
April 24, 2006 REGULAR COMMISSION MEETING Page 7
mentioned that both Neptune Beach and Jacksonville Beach are not taking
any action on this item. She suggested tabling the resolution.
Commissioner Fletcher reported that he contacted Senator Nelson's office
once again and discussed some of the information they provided.
Commissioner Waters perceived the bill as a good bipartisan effort that
would discourage oil drilling off the coast of Florida.
Commissioner Simmons suggested passing a resolution to protect Florida
shores from oil drilling but did not agree with passing a resolution that
supports this bill without knowing exactly what the bill supports.
Mayor Wolfson directed the Commission to the sixth Whereas in the
resolution. He stated that he is comfortable with the resolution as written
and believed it important to support it.
Motion: Approve Resolution 06-05 as presented.
Moved by Fletcher, seconded by Waters
Votes:
Aye: 3 -Fletcher, Waters, Wolfson
Nay: 2 -Simmons, Borno
MOTION CARRIED
B. Resolution 06-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH FLORIDA
SUPPORTING THE APPLICATION TO FLORIDA COMMUNITIES
TRUST FOR FUNDS TO ACQUIRE THE BUCKMAN PROPERTY
IN THE INTRACOASTAL WATERWAY AND COMMITTING
CITY FUND5 FOR THAT PROJECT
Motion: Approve Resolution 06-06 as presented.
Moved by Borno, seconded by Fletcher
Mayor Wolfson stated he is in favor of the resolution but cautioned the
Commission that the City would be agreeing to a 25% share of a purchase
price that could range between 2.1 and 2.4 million dollars. He
acknowledged the City's share would be 25%, minus the $110,000 from the
lawsuit settlement.
Commissioner Fletcher fully supported the resolution conceptually.
City Attorney Jensen suggested making the resolution subject to the
appropriation and identification of adequate funds in the next budget.
Apri124, 2006 REGULAR COMMISSION MEETING Paee 8
City Manager Hanson indicated that the funds could be taken from the
general fund balance. Discussion ensued regarding ways to appropriate the
funds.
City Attorney Jensen reiterated his advice to add the language he suggested.
He pointed out that currently the resolution commits the City to paying 25%
of an unknown amount.
Amended Motion: To amend Resolution 06-06 by adding the language,
"...subiect to appropriation of funding..." in the last sentence after the
words "...Buckman Trust property..."
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
AMENDED MOTION CARRIED
Motion: To adopt Resolution 06-06 as amended.
Moved by Borno, seconded by Fletcher
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
C. Resolution 06-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH SUPPORTING THE EXPANSION OF JTA BUS
SERVICE TO NORTHERN ST. JOHNS COUNTY
Commissioner Simmons supported the resolution, noting that many Atlantic
Beach residents work near Ponte Vedra Beach and that public transportation
is a key element to assisting that workforce in the City.
Commissioner Fletcher concurred and noted that the Northeast Florida
Regional Planning Council also supports the resolution.
Motion: Approve Resolution 06-07 as presented.
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Apri124, 2006 REGULAR COMMISSION MEETING Page 9
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-06-191, Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE
NUMBER 90-06-191, SAID ORDINANCE REZONING THOSE
AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP,
ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, SINGLE-
FAMILY (RS-1) TO RESIDENTIAL, SINGLE-FAMILY, LARGE
LOT (RS-L) CONSISTENT WITH SECTION 24-104 OF THE
ZONING, SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS AS ENACTED BY ORDINANCE 90-06-189,
WHICH ESTABLISHED THE RESIDENTIAL, SINGLE-FAMILY-
LARGE LOT (RS-L) ZONING DISTRICT CLASSIFICATION,
PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION,
AND PROVIDING AN EFFECTIVE DATE
Mayor Wolfson read the ordinance by title only and opened the floor to a
public hearing.
Eric Sherline,1774 Selva Marina Drive, noted he has lived in Atlantic
Beach for thirteen years. He supported large lot neighborhoods and did not
wish to see those lots divided. He encouraged the Commission to pass the
ordinance.
Dee Reiter, 1798 Selva Marina Drive, stated she has lived in the City for
twenty years and would like to preserve the lot size in her neighborhood.
She supported applying the new zoning district to the map as indicated and
asked the Commission to approve the ordinance.
Pat Pillmore, 995 Camelia Street, asked the Commission to preserve
Atlantic Beach for those who live here and not for those who are leaving.
Rae Brady, 1636 Sea Oats Drive, thanked everyone who has been working
on the Buckman Trust property acquisition. She also thanked the Parks and
Recreation Department for the Zoo Outreach programs they provided. She
discussed a situation that occurred when she tried to prevent a neighbor
from dividing his property. She stated the current deed restrictions prevent
property owners from dividing their lots in her neighborhood. She asked
that the City be more proactive in warning individuals of the costs and
consequences involved with pursuing legal action pertaining to the deed
restrictions and she asked for more help from the City in enforcing those
deed restrictions. She asked questions of the Planning and Zoning Director,
Sonya Doerr, regarding setbacks, lot size, and nonconforming versus legal
lots of record. Ms. Doerr responded and indicated she would be willing to
discuss the matters further with Ms. Brady. The Mayor asked in which
Selva Marina unit Ms. Brady lived. She responded Units 6 and 7, Block 13.
There being no further comments, the Mayor closed the public hearing and
brought the item before the Commission for discussion.
Anri124, 2006 REGULAR COMMISSION MEETING Paae 10
City Manager Hanson commented on Ms. Brady's discussion. He informed
the audience that the City Attorney reported at the last meeting that many of
the subdivision covenants are no longer valid and therefore are not
enforceable. He also emphasized that the City can only enforce what is in
the City Code and therefore, subdivision covenants are not enforced by the
City, even if they are still in effect.
Commissioner Waters believed that when a subdivision is accepted it
should be accepted by ordinance, in a manner similar to accepting PUDs.
He asked that this idea be researched by staff.
Mayor Wolfson shared information that he received at 3:30 that afternoon
from former mayor Billy Howell. He summarized that the information
given to him revealed that a staff oversight in 2003 resulted in a Citywide
change in the means of approaching the subdivision of lots. He suggested
that, based on this, he would like to defer action on the ordinance until the
Commission could review and further research the information.
Ms. Doerr commented on the history of the subdivision regulations. She
noted that subdivision regulations have always required new lots to be a
minimum of 75 feet in width and 7500 square foot area, but for some reason
this was not always enforced. She indicated that now there are tax parcels
of all sizes.
Commissioner Borno was unsure of the relevancy of the Mayor's
information in relation to the ordinance being considered that evening.
Commissioner Waters was in favor of not delaying action on the ordinance
since there were people present to see it adopted. Commissioner Fletcher
concurred and noted the Mayor's information could be discussed after
taking action on the ordinance.
Commissioner Fletcher called the question and Commissioner Simmons
seconded.
Motion: To approve Ordinance No. 90-06-191 on final reading.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 58-06-31, Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT
SYSTEM, TO INCREASES THE EMPLOYEE CONTRIBUTION
Apri124, 2006 REGULAR COMMISSION MEETING Paee 11
RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE
The Mayor read the ordinance by title only and opened the floor to a public
hearing. There were no comments and the Mayor closed the public hearing.
Commissioner Waters thanked the City Manager, staff, and employees for
their efforts in negotiating this item. He expressed his support for the
ordinance.
Motion: To approve Ordinance No. 58-06-31 on final reading.
Moved by Borno, seconded by Simmons
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson (Fletcher absent)
Nay: 0
MOTION CARRIED
C. Ordinance No. 20-06-76, Final Reading and Public Hearing
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR
THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL
YEAR BEGINNING OCTOBER 1, 2005 AND ENDING
SEPTEMBER 30, 2006
The Mayor read the ordinance by title only and opened the floor to a public
hearing. There were no public comments and the Mayor closed the public
hearing.
Commissioner Borno explained that this budget amendment approves
accepting grant proceeds for the police grant funds and then expending
them for the purchase of equipment for the crime suppression unit. He
further explained that the budget amendment is also accepting the
Community Development Block Grant funds and then expending them to
aid a Beaches Habitat project and private citizen building rehabilitations.
Motion: To approve Ordinance No. 20-06-76 on final reading.
Moved by Borno, seconded by Waters
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson (Fletcher absent)
Nay: 0
MOTION CARRIED
D. Ordinance No. 20-06-77, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR
THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL
Apri124.2006 REGULAR COMMISSION MEETING Paee 12
YEAR BEGINNING OCTOBER 1, 2005 AND ENDING
SEPTEMBER 30, 2006
The Mayor read the ordinance by title only. Commissioner Borno
explained that this budget amendment approves giving the funds to Atlantic
Beach Elementary, as discussed at the last meeting.
Motion: To approve Ordinance No. 20-06-77 on first reading.
Moved by Waters, seconded by Borno
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson (Fletcher absent)
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Discussion on proposed Cable TV Franchise Ordinance (City
Manager)
City Manager Hanson presented the background on this item. He noted that
the current agreement expired last June and that staff has been working with
Comcast for the last three years to negotiate this new agreement. He
introduced the following individuals in the audience who helped work on
this project with the City and with Jacksonville Beach: two attorneys, Mike
Freed and Heather Nason; and Comcast representatives, Bill Ferry and Ann
Murphy.
The City Manager acknowledged that customer service issues have
improved dramatically since Comcast took over service after AT&T. He
reviewed examples of the new requirements stipulated in the technical and
customer service standards presented in the agreement. He also pointed out
the liquidated damages provisions outlined in a flowchart. The City
Manager advised the Commission that time is of essence due to state and
federal legislation being presented which may preempt the agreement. He
referred the Commission to the franchise agreement and ordinance
presented in their agenda packets for approval.
Commissioner Fletcher asked for clarification on the total funding received
by the City. Mike Freed, of Brenna, Manna and Diamond law firm,
responded to his questions and provided clarification.
The Commission thanked the City Manager, City staff and the Comcast
representatives for their hard work and cooperation with each other over the
last three years.
Mayor Wolfson inquired about the ten year term of the agreement and
asked how that was derived. Mr. Freed and Mr. Ferry each presented
Apri124, 2006 REGULAR COMMISSION MEETING Paee 13
information in response to his inquiry.
The City Manager asked Mr. Ferry to give an overview of the potential state
and federal legislation that is trying to remove control of cable franchise at
the local level.
Motion: To direct staff to prepare and bring back the Franchise
Renewal Agreement with Comcast of Greater Florida/Georgia Inc and
the Cable Television Ordinance for the next Commission meetinEs
In response to Commissioner Waters' question, the City Manager noted that
the appropriate order of action would be for the Commission to first adopt
the ordinance and then the franchise agreement.
Moved by Waters, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Discussion on proposed ordinance amending Short-Term Rental
definitions (City Manager)
City Manager Hanson indicated that the proposed language would
strengthen the definition regarding short term rentals in order to make the
Code clear. He stated that the new language would help enforce the fact
that the City considers any type of rental for less than 90 days as a business
operation which is not permitted in the residential zones. He indicated that
the amendment would also clarify the Code to say it prohibits any
advertising for a short term rental. He noted that Alex has been working
hard to keep these situations under control and that many of the violations
have occurred in the Seaplace Condominiums.
Alex Sherrer, Code Enforcement Officer, explained that the new language
would state the Code in plain, clear language which would make it easier to
understand and enforce. He also indicated that most of the short term
rental property owners do not live in the state of Florida.
Commissioner Simmons indicated the need to further clarify specifically
that vacation rentals are not allowed in order to prevent individuals from
purchasing property for that purpose.
It was the consensus of the Commission to direct staff to bring back an
ordinance relating to Short Term Rentals with lanEuage as presented
for first reading at the next Commission meeting.
April 24, 2006 REGULAR COMMISSION MEETING Page 14
C. Possible Removal of Sidewalk in 1200 Block of Beach Avenue
(City Manager)
City Manager Hanson reviewed the background information on this subject
in his staff report. He indicated that currently 50°10 of the block residents
are for removal of the sidewalk and 50% are against.
Adelaide Kirkpatrick, 1242 Beach Avenue, questioned hearing any
citizen support for the removal of the sidewalk and believed it was the
City's idea to remove it. She stated that many people have been using the
sidewalk and asked the Commission to keep the sidewalk in place.
Commissioner Borno believed the issue was brought before the
Commission because the sidewalk was in poor condition and could
potentially be a liability for the City.
Commissioner Waters expressed disapproval of removing any sidewalks
and suggested looking into expanding them.
Motion: To repair the sidewalk on the 1200 block of Beach Avenue.
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
D. Discussion on possibility of providing matching funds for a clock
to be placed at the Five Point Intersection (Mayor Pro Tem
Waters)
Commissioner Waters indicated that private groups have raised $5,000 for a
clock to be placed at the Five Points Intersection. He indicated that the
intersection is almost complete and the remaining funds needed for
installation of the clock would be less than $3,000.
Motion: To accept the minimum of $5,000 raised from private funds
and add the balance, up to $3,000, needed in order to purchase and
install the clock.
Commissioner Fletcher inquired as to the City's source of the funds being
proposed for the clock. The City Manager indicated it could come out of
the General Fund balance.
The question was called by Commissioner Waters and seconded by
Commissioner Simmons.
Moved by Waters, seconded by Borno
Apri124, 2006 REGULAR COMMISSION MEETING Paae 15
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
E. Update on affordable housing (Commissioner Fletcher)
Commissioner Fletcher stated that he invited Cindy Funkhouser to provide
an update on the affordable housing situation and thus this item was already
addressed during her presentation earlier in the meeting.
F. Update on Neighbor to Neighbor Beachside Chat Meetings
(Commissioner Fletcher)
Commissioner Fletcher thanked the Mayor for scheduling these meetings,
as promised during their campaigns. He indicated these meetings allow the
Commission to defer the district representation issue to the following year.
Mayor Wolfson added that he was informed the previous day that some
residents are not aware of these meetings. He asked the City Clerk to send
notices to all the churches in the different meeting locations in order to
inform people who might not see the notices in the local newspapers.
G. Request to support City of Neptune Beach Council's position
regarding Walmart (Commissioner Fletcher)
Commissioner Fletcher stated he attended the most recent Council meeting
in Neptune Beach and noted the support from Councilman Weldon and
Councilwoman Pruette to take action on the Walmart situation. He asked
the Commission if they would like to adopt a resolution or draft a letter
stating opposition to the Walmart being proposed for Neptune Beach. He
believed the affects of the project would be inconsistent with the Atlantic
Beach Comprehensive Plan and would have an adverse impact on the traffic
pattern in Atlantic Beach.
Commissioner Borno stated that he is not in favor of Walmart but has
concerns with the City becoming involved with the manner in which the
process is taking place. He asked the City Attorney for advice on the issue.
City Attorney Jensen believed that Neptune Beach was considering a
proposal to limit building size in their city in order to keep Walmart out.
He advised that it would not be in the purview of Atlantic Beach to suggest
to Neptune Beach how to regulate their building sizes.
Mayor Wolfson and Commissioner Waters both agreed that it would be
inappropriate to interfere with the issue at Neptune Beach unless Atlantic
Apri124, 2006 REGULAR COMMISSION MEETING Page 16
Beach received a formal request from Neptune Beach.
Commissioner Simmons pointed out that the proposed Walmart could
negatively impact Atlantic Beach and its resources. She suggested drafting
a resolution to support our own citizens, businesses, and way of life in our
own community.
Commissioner Fletcher agreed it was not wise to interfere with Neptune
Beach's proposed ordinance regarding the situation but spoke in favor of
offering general support to the beach city. He suggested a resolution
opposing the Walmart application and asked the Commission for their
consideration on the matter.
City Manager 9. City Manager
A. City Manager's Report
The City Manager had no written report, however, he announced the
following:
• Reminded everyone of the Neighborhood Chats scheduled for the
next week and reviewed the schedule for the gatherings.
• Reported that the City had to have two emergency repairs in excess
of $10,000 in the vicinity of Stanley and Dora Streets on Mayport
Road. He indicated that both repairs were done by the City's point
repair contractor Gruhn May.
• Announced that an approved personal watercraft race will be held at
the beach behind the Sea Turtle Inn on July 29 and 30. He noted it
will be free to the public and that the beach will not be closed to
public access during the race. He stated that the City has met with
the event organizers and feels confident that there will not be any
problems with the event.
The Mayor inquired about the City's liability with the event. City
Manager Hanson replied that the event sponsors are acquiring
insurance to hold the City harmless.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Borno
• Shared some wisdom from the Dakota Indians.
Commissioner Waters
• Noted that the Northeast Florida League of Cities' meeting will be
May 18 at 6:00 pm at the Sea Turtle Inn. He asked everyone for
their help in acquiring door prizes for the function.
April 24, 2006 REGULAR COMMISSION MEETING Paee 17
Adjournment
• Reminded everyone that Dancin' in the Streets will be on May 13`";
and that the event is still looking for volunteers.
Mayor Wolfson
• Announced that he attended aribbon-cutting ceremony, last Friday,
April 21 at Atlantic Beach Elementary School, along with
Commissioner Simmons and City Manager Hanson. He described
the event as wonderful and commended both the previous and the
current Commission for the support given to the school.
• Reiterated that a Community Character workshop has been
scheduled for May 9`" and will be attended by the Commission and
the Community Development Board. He suggested inviting a small
number of citizens who live in the neighborhood of interest to join
in the discussions and exchange ideas. He indicated he had four
citizens in mind from that area and would also like to invite an
architect from the community to participate in the workshop.
Commissioner Simmons believed that having the Community Development
Board members participating in the workshop provides the desired citizen
input from residents in the area with expertise in the matters. She stressed
the need for the participants to be objective people.
The Commission proceeded to discuss the idea of selecting individual
citizens to participate in the workshop.
Commissioner Borno asked whom the Mayor is considering inviting to the
dialogue. Mayor Wolfson indicated that the following four people have
agreed to participate in the workshop: John Fletcher, 678 Ocean Boulevard;
Wannelle Parvey, 326 Eighth Street; Brian Sexton, 320 Ninth Street,
spokesperson for Save Atlantic Beach; Woody Winfree, 335 Third Street;
and an architect, to be determined. Commissioner Simmons expressed her
support for the Mayor's choice of citizens.
There being no further discussion, the Mayor declared the meeting
adjourned at 10:29 p.m.
Donald M. Wolfson, Mayor/P 'ding Officer
ATTEST:
G~/~~ Q
Donna L. Bussey
City Clerk
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ATTACHMENT B
APRIL 24, 2006 COMMISSION MTG
April 18, 2006
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
Ci Manager
SUBJECT: Follow-up eport
Funding for AB Elementary Proiects; A commissioner asked for a report of all the funds
committed to AB Elementary projects in the current budget. Following is a tabulation of the
budget commitments;
From normal operating accounts for various programs
1) FCCJ $3,000
2) Artists in Residency $4,000
3) Symphony Tiny Tots $1,500
4) After School Program $8,000
5) Percussion Program 3 500
Sub Total $20,000
Capital Projects
1) Track Project 40 000
Grand Total $60,000