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10-22-07MINUTES REGULAR CITY COMMISSION MEETING October 22, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Attorney Alan C. Jensen Mayor Pro Tem J. Dezmond Waters III City Manager Jim Hanson Commissioner Mike Borno City Clerk Donna Bussey Commissioner Sylvia N. Simmons 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 Waters. Mayor Wolfson welcomed the audience and explained the process for public comments. Mayor Wolfson explained that Item 8F would be moved up on the agenda to after Item 2B and stated any citizen who wishes to be considered for the seat of Commissioner to not speak during Courtesy of the Floor to Visitors, but rather wait until Item 8F. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on October 8, 2007, the Regular Election Meeting on October 2, 2007, and the Regular Election Meeting on October 16, 2007. Motion: Aanrove the minutes of the Regular Commission Meeting on October 8, 2007, the Regular Election Meeting on October 2, 2007 and the Regular Election Meeting on October 16, 2007, as written. Moved by Borno, seconded by Simmons. Votes: Aye: 4 -Borno, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Presentation to Ray Breault for his service on the Code Enforcement Board. Mayor Wolfson presented Mr. Ray Breault with a plaque in recognition of his six years of service on the Code Enforcement Board. B. Acknowledgement of the 2007 Outstanding Public Study Award given by the First Coast Chapter of the Florida Planning and Zoning Association to the City of Atlantic Beach for the Design Guidelines booklet for Traditional Residential Neighborhoods. Mayor Wolfson expressed his appreciation to Community Development Director Sonya Doerr for her efforts on the Design Guidelines booklet and October 22 2007 REGULAR COMMISSION MEETING Page 2 presented her with the Outstanding Public Study Award plaque, which was awarded to the City of Atlantic Beach. Mayor Wolfson opened the Courtesy of the Floor to Visitors. Janice Gilpin, 680 Palm Avenue, addressed the Commission requesting that money be spent on restoring the parks throughout the City rather than on artwork and asked if the issue of the wooden cross that was removed from Howell Park could be revisited. R.D. de Carle, 51 Beach Avenue, thanked Mayor Wolfson and the Commission for leading the City during the trials and tribulations during the last two years. He urged the Commission to take this opportunity to appoint someone from the west side of Mayport Road and recommended Jonathan Daugherty. Kevin Byrnes,14714`h Street, asked for clarification on the election of a new commissioner, regarding the resignation letter from Commissioner Fletcher. Mayor Wolfson stated he would clarify this when they come to that point in the agenda. Mr. Byrnes stated he also agrees with Mr. de Carle. Alan Halperin, 372 4`h Street, thanked the Commission and Mayor Wolfson for their hard work, expressed his prayers are for Commissioner Fletcher and his wife, and thanked Commissioner Simmons and Carolyn Woods for running great campaigns with high integrity. Sally Clemens, 1638 Park Terrace W., thanked the Commission for their listening, patience and open government. Jane Wytzka, 352 Second Street, thanked the Commission for their years of service and expressed her appreciation for their hard work on the community character and the change in the garbage collection. Mayor Wolfson recognized Commissioner-elect John Fletcher, former Mayors Bill Gulliford and Lyman Fletcher, and acknowledged his wife and daughter in the audience. No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to Visitors. Miscellaneous 8. Miscellaneous Business Business (8F Taken out of Sequence) F. Appointment to fill unexpired term of Commissioner Fletcher. Mayor Wolfson read the resignation letter received today from Commissioner Fletcher, dated October 22, 2007, stating his resignation is effective today at 4:00 pm. Mayor Wolfson then read the Vacancies in the City Commission and the Qualifications and Disqualifications sections in the City Charter. He further explained the format for those wanting to be considered for the vacancy, which must be filled within 15 days. Mayor Wolfson stated if a nomination receives three votes tonight, they will fill that vacancy and swear in the new Commissioner. October 22, 2007 REGULAR COMMISSION MEETING Page 3 Before proceeding, Mayor Wolfson questioned Commissioner Sylvia Simmons to clarify whether she wanted to be considered for this position, stating there is a technicality that would preclude her from voting tonight if she did. He stated she was on his list of candidates because several citizens had recommended her. Commissioner Simmons stated she would not consider coming back on the commission at this time. Mayor Wolfson asked each of the following candidates three qualifying questions before they could be considered as candidates: (1) Have they been a full time resident of Atlantic Beach for at least the last year; (2) Are they registered to vote; and (3) Do they hold any other elected office. All candidates answered appropriately. Cindy Anderson, 1770 Park Terrace East, asked to be considered for the commission seat because she is now at a point in her life where she has the time and believes her background as an attorney would be an asset. Commissioner Borno asked how many times she has been used as anarbitrator/negotiator. Ms. Anderson stated she has been a private arbitrator for the American Arbitration Association, the National Association of Securities Dealers and the Better Business Bureau and has arbitrated somewhere between 100-200 disputes. She stated as a mediator, she has acted on over 200 disputes. Commissioner Waters asked if she has ever been cited by Police, Animal Control, or Code Enforcement in the City of Atlantic Beach. Ms. Anderson stated no. Mayor Wolfson asked which boards/committees she has served on in Atlantic Beach. Ms. Anderson stated she served on the Atlantic Beach Pension Board and the first SAC of Atlantic Beach Elementary. Jeanne Breault, 214 7th Street, stated she did not want to be considered for the vacancy but wanted to express her support to have a candidate elected from the west side of Mayport Road and supports Jonathan Daugherty for this position. Jonathan Daugherty, 830 Hibiscus Street, stated he appreciates all the work the Commission does and knows it is a thankless job. He stated he lives in a part of Atlantic Beach that has not really been represented and the people hardly even know they belong to the City. He stated he has a desire to make his neighborhood a better place to live. Commissioner Waters asked if, aside from traffic violations, he has ever been cited by Atlantic Beach Police, Animal Control or the Code Enforcement Board. Mr. Daugherty stated, yes, his two small dogs dug under his fence and he was cited for the dogs being outside the fence without a leash. He stated he was also cited for taking his dog on the beach at 6:30 a.m. without a leash, which he forgot. Mayor Wolfson asked if he has served on any boards or volunteer groups in the City. Mr. Daugherty stated, yes, he served with Beaches Habitat and is currently under nomination for their board. Stephen Kuti,1132 Linkside Drive, explained his background, stated he has attended almost every commission meeting in the past 13 years and expressed his desire to be considered for the commission seat. He stated he is strongly in favor of district representation, lives west of Seminole Road, and believes his district does not have representation either. Commissioner Waters asked if, except for traffic violations, he has ever been cited by Atlantic Beach Police, Animal Control or the Code Enforcement Board. Mr. Kuti stated no. Mayor Wolfson asked Mr. Kuti which committees he has October 22.2007 REGULAR COMMISSION MEETING PaSe 4 worked on for the City. Mr. Kuti stated he has had his application for the Code Enforcement Board in for three years but he has never been considered. Carolyn Woods, 303 6th Street, stated she should be elected because of her differing views from the other commissioners, the fact that she received the second highest percentage vote overall in the election, and because she is in a different precinct from the other commissioners. She stated her experience renders her uniquely qualified to serve the citizens in the capacity of City Commissioner. Commissioner Waters asked if she has ever been cited. Ms. Woods stated yes she was cited for her dog. Commissioner Simmons asked how she will go about working to bring the Commission together rather than further divided. Ms. Woods stated she doesn't plan on being argumentative; she plans on working for the future of Atlantic Beach. Commissioner Borno asked if she has any issues with permitting or anything related to. Commissioner Borno stated he knows that was all thrown around during the election and asked that she clarify it. Ms. Woods stated not that she knows of, maybe Jim Hanson can shed some light on that. She stated she actually has not been involved in the permitting process at her house and her understanding is that there really is no issue and they have done everything that is required and gotten their permits legally. She stated that was simply a campaign tactic. Mayor Wolfson asked which boards and committees she has served on. Ms. Woods stated she was appointed to the original Tree Conservation Board and also served as its Chair, has worked with Friends of Atlantic Beach Elementary, and the Community Development Board. Mayor Wolfson closed the floor and explained the process for voting. Mayor Wolfson opened the floor for nominations. Commissioner Borno nominated Cindy Anderson, Mayor Wolfson seconded Affirmative Votes: (1) -Borno. Commissioner Waters nominated Carolyn Woods, Commissioner Simmons seconded Affirmative Votes: (3) Simmons, Waters, Wolfson. Mayor Wolfson declared Carolyn Woods elected Commissioner. Ms. Woods was given the oath of office and sworn in by City Clerk Donna Bussey. Mayor Wolfson called for a recess at 8:41 pm, stating when they returned Ms. Woods would take her seat as Commissioner and the Commission would conduct the remaining business on the agenda. City Attorney left the meeting at 8:42. Mayor Wolfson called the meeting to order at 8:51 pm. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting City Manager Jim Hanson reported the ad valorem tax rates have been set for 2007, with the Atlantic Beach millage rate at 16.3961. October 22, 2007 REGULAR COMMISSION MEETING Page 5 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 Utility Sales Report for September 2007. Mayor Wolfson read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Simmons, Waters, Woods, Wolfson Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None Action on Resolutions 6. Action on Resolutions A. Resolution No. 07-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO SIGN DOCUMENTS GRANTING PERPETUAL EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING TRAFFIC SIGNALS ALONG ATLANTIC BOULEVARD, AND PROVIDING AN EFFECTIVE DATE Public Works Director Rick Carper presented drawings indicating the location of the proposed permanent easement at Seminole Road and Atlantic Blvd. and the proposed easement at Royal Palms Drive. Commissioner Waters asked if these easements are on City property and not on private property. Mr. Carper stated that was correct. Motion: Approval of Resolution No. 07-12, as read Moved by Borno, Seconded by Waters Votes: Aye: 5 -Borno, Simmons, Waters, Woods, Wolfson Nay: 0 - MOTION CARRIED City Clerk Donna Bussey explained that Resolution No. 07-11 was not voted on at the October 16, 2007 Election Meeting. October 22, 2007 REGULAR COMMISSION MEETING Pa e 6 Mayor Wolfson read the resolution and asked for a motion to approve the resolution. Motion: Aaproval of Resolution No. 07-11, as read Moved by Borno, Seconded by Waters Votes: Aye: 5 -Borno, Simmons, Waters, Woods, Wolfson Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances None Miscellaneous 8. Miscellaneous Business Business A. Mutual Aid Agreement with Fernandina Beach, Neptune Beach, Jacksonville Beach, Green Cove Springs, St. Augustine, and St. Augustine Beach. Mr. Hanson explained this was a renewal of one of the mutual aid agreements that police departments have with other departments in the area which specifies how we can work together in times of need. He recommended it be approved. Motion: Auaroval of Mutual Aid Agreement and Authorize City Manager to sign Moved by Simmons, Seconded by Borno Mayor Wolfson stated under Section VIII, the effective date should be 2012, not 20012. Chief Thompson stated that typo would be corrected. Votes: Aye: 5 -Borno, Simmons, Waters, Woods, Wolfson Nay: 0 - MOTION CARRIED B. Funds for Landscaping. Commissioner Waters stated the funds for landscaping were removed from the budget with a view to turning the plantings over to some form of grass and since they preserved the budget in tact, the money is available to put plants in for one more year and he wants to instruct staffto put the plants back in. Commissioner Simmons disagreed, stating they did not leave the budget in tact; they left the millage rate in tact. She stated they cut the budget and part of that included taking that money out. She stated they wanted a low maintenance ground cover, not turf. She does not agree to spending $10,000 planting flowers, and then removing them. Mr. Hanson stated it would take a budget amendment ordinance to put the money back in. Commissioner Borno stated he believed they cut the budget for that in half. He stated he has also received a lot of phone calls asking what is going to happen and he tells them they are waiting to see what the vegetation is going to look like and then it will be put in. October 22.2007 REGULAR COMMISSION MEETING Page 7 Mayor Wolfson stated his preference would be to defer to the next commission. Commissioner Simmons agreed. C. Optional charge for additional residential garbage collection. Commissioner Borno stated he has received individual requests to have more than one garbage collection. He stated he asked the City Manager to look into that to see if they would want to do that on an individual case basis. Mr. Hanson stated he spoke with our waste hauler about the possibility of an optional second day/week garbage collection for those who would pay the extra cost. He stated the idea would be to have that second pick-up only for those who pay and the cans would need to be marked with a special sticker so they would know which cans to pick up. The cost for this is estimated to be an additional charge of $8.50/month. He stated if the City is to do this it would require an ordinance to set it up and add it to the set of charges that are authorized for sanitation services and believes this would also need to be deferred to the next commission. Mayor Wolfson agreed it would be appropriate to defer to the next commission for action. Commissioner Borno asked if there is a recommended day for this additional service. Mr. Carper stated the initial suggested days would be Tuesday and either Thursday or Friday. Commissioner Waters stated this could produce a headache for staff because as soon as they forget these strange pick-ups they will be calling City Hall, so it may have drawbacks to it. D. Interlocal Agreement between the City of Atlantic Beach and the City of Neptune Beach regarding Town Center. Mayor Wolfson stated the City of Neptune Beach was not willing to sign this agreement. E. City Manager Compensation. Mayor Wolfson asked the Commissioners, except newly elected Commissioner Woods, to give him comments on the City Manager's performance. Commissioner Borno stated he is fully supportive of the City Manager and his increase in compensation. Commissioner Waters stated he would recommend an increase in compensation for the City Manager. Commissioner Simmons stated she would not recommend an increase in compensation for the City Manager. Mayor Wolfson stated due to Mr. Hanson's work on the budget, he would recommend an increase. Motion: Approve 5.7% increase in compensation for City Manager Moved by Wolfson, Seconded by Borno Votes: Aye: 4 -Borno, Waters, Woods, Wolfson Nay: 1 -Simmons MOTION CARRIED (Item 8F was taken out of sequence and acted on earlier in the meeting.) October 22, 2007 REGULAR COMMISSION MEETING Pa e 8 G. Recommendation for replacement of Commissioner Jamie Fletcher on the Northeast Florida Regional Council. Mr. Hanson explained the appointment to the regional council represents the three beach cities and the City of Baldwin and the appointment is made by the County Board of Commissioners (Jacksonville City Council). A recommendation can be made to them but it is their appointment to make. Motion: Recommend Carolyn Woods be nominated for replacement of Commissioner Jamie Fletcher on the Northeast Florida Regional Council Moved by Commissioner Waters, seconded by Mayor Wolfson Commissioner Woods accepted the nomination for the position. Votes: Aye: 5 -Borno, Simmons, Waters, Woods, Wolfson Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the City received notice of award for a third grant for the Hopkins Creek project. He stated the previous grants were for $400,000 and $800,000 and stated this one is for $450,000, bringing the total in grants to $1,650,000. He stated we will not use all of the money; the construction is only expected to cost $1,550,000 and the land cost $870,000. We don't have enough matching funds to use all of the grants, but will use some of it. He thanked Rick Carper for his efforts in getting grants for that project. Mr. Hanson announced the construction project would begin next week to alleviate the drainage on Ocean and 14th and 15th. Mr. Carper gave a presentation explaining the Seminole Road closure/detour necessary for this project. Mr. Carper stated the current plans call for Seminole Road only being closed for three days. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Recommendation for appointment to the Code Enforcement Board Motion: Approve appointment of Veda Bernstein to serve as an alternate to the Code Enforcement Board. Moved by Wolfson, seconded by Borno Votes: Aye: 5 -Borno, Simmons, Waters, Woods, Wolfson Nay: 0 - MOTION CARRIED October 22, 2007 REGULAR COMMISSION MEETING Page 9 B. Report on possible ordinance limiting unsightly buildings. Mr. Hanson explained there are no City Ordinances being violated at the Palms Apartments. He stated the City Attorney believes an Ordinance can be adopted to prohibit leaving partially demolished buildings, such as the Palms Apartments, in place. Mayor Wolfson encouraged the future Commission to pursue this. Commissioner Waters suggested forwarding copies of letters of complaint we have received on the Palms Apartments to the owner. Commissioner Borno • Reminded Commissioners they are invited to the City Picnic on November 1. City Clerk Bussey stated the picnic begins at 11:30 am, with the awards presentations being held at 1:00 pm. Commissioner Simmons • Thanked the people who have called in support and people from both sides of issues who have listened and not been volatile. She stated it was much less acrimonious than a year ago and found there were some nice people and hopes it continues in that mode. Commissioner Waters • Reminded it is past the deadline to RSVP to the Sea and Sky show. Stated if they want to attend the activities, they should have already replied. • Reported Representative Proctor spoke on taxes at the Florida League of Cities monthly meeting. He stated Representative Proctor pointed out if there is a problem with taxes in this State, it is Tallahassee's fault because they control every aspect of the tax situation. He stated Representative Proctor shocked the attendees by stating a far greater problem than taxes for the residents of Florida will be insurance, which is a private business. Commissioner Woods • Thanked the Commission for electing her to the Commission seat. Mayor Wolfson Reminded the Commission of the swearing in ceremony on November 6 and asked that all Commissioners please attend. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:50 pm. ~~ Donald M. Wolfson, Mayor/Pre ' ing Officer ATTEST: ~~Q Donna L. Bussey, CMC U City Clerk CITY OF ATLANTIC BEACH OFFICE OF THE CITY CLERK 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5810 SUNCOM: 852-5810 FAX: (904) 247-5846 http://ci.atlantic-beach.fl.us October 22, 2007 I solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of Commissioner. «~~ Carolyn Woods Commissioner -Seat 4 Oath of office administered by: Donna L. Bussey, CMC City Clerk