Draft Min 1-23-060
~.
MINUTES
REGULAR CITY COMMISSION MEETING
January 23, 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 Mayor Wolfson, was followed by the Pledge of Allegiance to the
Flag.
Mayor Wolfson wished City Attorney Alan Jensen a happy birthday.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
January 9, 2006.
Commissioner Borno mentioned two scrivener's errors which he had
already brought to attention of the City Clerk. On page one, the first
sentence should read "Mayor Wolfson called the meeting to order...", rather
than Mayor Meserve. On page five, the sentence in item 7A, first
paragraph, should read: "... Mayor Wolfson explained that there has been a
request from staff to delay action on this item" rather than that the request
was for staff.
~* Mayor Wolfson noted that, on page 16, the suggestion to approach Ms.
Elsie Thomas about volunteering for the City came from Mr. Stephen Kuti,
not from Commissioner Fletcher, as written.
Motion: Approve the minutes of the Regular Commission Meeting on
.Tanuary 9, 2006, as amended.
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
Jon Jones, 2280 Shepard Street, Jacksonville Florida, agreed to save his
comments for the public hearing on Item 8A.
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January 23, 2006 REGULAR COMMISSION MEETING Pase 2
Curt Sanders, 2320 Barefoot Trace, brought up a recent incident which
~"' occurred on January 13, 2006, and involved a pit bull attacking a woman on
Belvedere Street. He compared this to a similar incident that occurred in ~
Oceanwalk in July 2004 but was not settled until December 2005. He
'~" encouraged the Commission to approve the changes and corrections to the
City's ordinance that will come before them as recommendations from the
City Attorney. Mr. Sanders handed out a newspaper editorial regarding the
evolution of Atlantic Beach and stated his support for the comments
written.
Michael Hoffman, 176 Camelia Street, commended the Commission for
the conservative approach they took in approaching the Tideviews Park
security question. He urged the Commission to consult with the urban
forester from the City of Jacksonville for assistance in renourishing the City
lots bounded by West ls` Street and Atlantic Boulevard. He asked that the
„~ City create a better visual buffer at the end of Begonia Street. Mr. Hoffman
discussed the Mayport Waterfront Partnership and its Mayport Road
Development subcommittee. He noted the current lack of any Atlantic
Beach elected officials on the subcommittee and believed it inappropriate to
have a group of unelected people making decisions regarding Mayport
Road. He suggested that the meetings for Mayport Road decisions be
~. separated from the Mayport Waterfront Committee meetings and that the
meetings take place in Atlantic Beach in the evenings so that the general
public could attend more easily. He expressed concern with the committee
going forward with Former Mayor Meserve's plans for creating a veteran's
memorial park at the flyover area.
Pat Pillmore, 995 Camelia Street, advised that politically-charged issues
be sent to a committee or to the Community Development Board for
recommendations to the Commission. She also discussed the Winter and
~* Company study results and the influences that development and marketing
has on society. She expressed the need for more creative thinking in
regards to those issues.
Barbara Evans, 221 Orange Street, Neptune Beach, introduced herself as
the executive director of the Atlantic Beach Experimental Theater (ABET).
'" She asked the Commission to consider amulti-year, long term contract for
their organization. She cordially invited each commissioner to attend an
ABET production as her guest.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
None.
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January 23 2006 REGULAR COMMISSION bIEETING Paee 3
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Monthly Building Department Report,
Financial Report and Utility Sales for December (City Manager)
B. Extend Contract for one year at current prices with Florida
Pipe Tech for Stormwater Jetting, Cleaning & Televising for the
Public Works Department (City Manager)
C. Award the Annual Contract for Polymer for Wastewater
Treatment Plants to Leachem Industries, Inc. at the bid price of
$1.36/pound (Bid No. 0506-2) (City Manager)
D. Authorize the City Manager to sign a contract with the Tennis
Instructor, Brecht Catalan, for use of the tennis courts, Atlantic
Beach Experimental Theater (ABET) for use of Adele Grage
Cultural Center and Atlantic Beach Athletic Association
(ABAA) for use of Russell Park baseball fields and concession
stand (City Manager)
E. Extend Contract for one year at current prices with Tom's
Asphalt Repairs, Inc. for Asphalt Repairs for the Public
Works/LTtilities Department (City Manager)
Mayor Wolfson requested that Item 4D be pulled for discussion and
Commissioner Borno asked that Item 4C be pulled for comments.
Motion: Approve Consent Agenda Items A, B, and E as presented.
Moved by Waters, seconded by Fletcher
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Commissioner Borno commended City staff on the manner in which Item
4C was presented to the Commission.
Motion: Accept Consent Agenda Item 4C as submitted.
Moved by Borno, seconded by Waters
~. Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
«• MOTION CARRIED
Mayor Wolfson stated his concern with the Atlantic Beach Athletic
Association contract presented in Item 4D. He requested that Item 4 of the
contract, referring to the Exclusive Use Dates and Times, be modified so
that instead of reading "... (and other times as requested)", it would state
more specifically, "...and other times as requested and approved by staff for
purposes as relating to baseball, softball, and tee ball pro rg ams•"
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January 23, 2006 REGULAR COMMISSION MEETING Page 4
Motion: To amend the Atlantic Beach Athletic Association contract in
Consent Agenda Item 4D to read as stated above.
Moved by Wolfson, seconded by Borno
Votes:
'"" Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Commissioner Borno discussed the insurance coverage presented for the
contracts in Item 4D. He indicated the need to receive a certificate for the
~.
insurance covering the contract with the tennis instructor and also the need
for the City to be additionally insured for this contract. He also pointed out
that the other two liability insurance certificates presented are due to expire
soon and noted the need for the City to ensure that they are renewed
appropriately. Commissioner Borno inquired about the lack of an audit
from the tennis instructor. Timmy Johnson, Parks and Recreation Director,
~. explained that the tennis instructor was recommended by the City's
previous instructor but this is his first contract and therefore there is no
financial statement for him to submit.
Motion: Accept and authorize the City Manager to sign the contracts in
Consent Agenda Item 4D as amended.
Moved by Borno, seconded by Simmons
,~, 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: 06-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES
DURING THE 2006 LEGISLATIVE SESSION
Commissioner Simmons noted that the additional information regarding the
issues in the resolution were very helpful in her decision on this item.
Motion: To approve Resolution No. 06-01 as presented.
January 23, 2006 REGULAR COMMISSION MEETING Page 5
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Moved by Borno, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 5-06-45, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF
MEMBERS, AND PROVIDING AN EFFECTIVE DATE
~'' Mayor Wolfson read the ordinance by title only. Commissioner Borno
thanked the staff for their input on this item and believed the CPI-U is a
good indicator to use in calculating the pay raises.
Commissioner Waters again questioned the way the Mayor's salary is
calculated as compared to the Commissioners' . He stated that they are all
Commissioners and thus should receive the same base pay, with the Mayor
receiving a differential of $4000 for his additional duties. He suggested that
the salary base and raises for the Mayor be calculated the same as the other
Commissioners and then the $4000 differential be added to that for the
Mayor's salary.
The Mayor inquired where the $10,000 and $6,000 base salary figures are
established and structured. Discussion ensued regarding the origination and
intention of the base salary figures. It was agreed that there was no
documentation supporting that the Mayor's salary was to be calculated by
adding a differential to the same base salary of the Commissioners. The
Commission discussed the salary increases further and the City Manager
provided further background information and clarification on the subject.
Motion: To approve Ordinance No. 5-06-45 as presented on first
readin .
~. Moved by Borno, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 20-06-74, 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
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.Tanuary 23, 2006 REGULAR COMMISSION MEETING Paee 6
The Mayor read the ordinance by its title and opened the floor to a public
~"' hearing. There were no comments from the public. The Mayor closed the
public hearing and brought the item before the Commission for discussion.
""' Commissioner Fletcher brought up concerns expressed from Oceanwalk
residents relating to opening up the east side of Hanna Park in order to
allow the proposed bikeway to connect with Seminole Road. He discussed
'" the public input which had been received previously on this issue.
Commissioner Waters apologized for the confusion and reported that the
''~ bikeway project was discussed during the previous Commission's strategic
planning sessions and was never approved or implemented by that
Commission as a complete plan. He indicated that the City intended for the
bike path on Seminole Road to stop at the north end of the road and they did
not endorse opening up Hanna Park for its continuation from there.
Commissioner Borno further clarified that the previous Commission used
the project as a means to assist with prioritizing the various paths desired
throughout the City. He believed the current Commission should follow
that lead.
„~, Commissioner Simmons expressed a need for the current Commission to
understand the plan and prioritization presented by the previous
Commission. She indicated that parts of the plan may no longer be
~„ appropriate due to the increase in construction costs and the changes in
usage in those areas. She strongly suggested that the new Commission
review the plan and its background before making a budget decision
~., regarding it.
Discussion ensued and the City Manager provided pertinent details to assist
in clarifying the issue for the Commission.
Mayor Wolfson reiterated that this item before them has no impact on
opening up Hanna Park for the ped paths.
Motion: To approve Ordinance No. 20-06-74 on final reading.
Moved by Borno, seconded by Simmons
Votes:
~* Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request from DRNIP, Inc. on behalf of Dunkin Brands, Inc. for
a Waiver from Section 24-111 (b) of the Land Development
.Tanuary 23, 2006 REGULAR COMMISSION MEETING Page 7
Regulations (the Commercial General District regulations) to
allow a Permitted Use (a Dunkin' Donuts restaurant) to have
~* late hours of operation for a site to be redeveloped at the
northwest corner of Sailfish Drive and Atlantic Boulevard. Also
included is a request for aUse-by-Exception to allow adrive- "
°` through service (City Manager)
The Mayor opened the floor for a public hearing and asked Mr. Jon Jones to
come forward and address the Commission on this issue at this time.
Jon Jones, 2280 Shepard Street, Jacksonville, stated he works for
~'" Dunkin' Brands, Inc. and was present at the meeting to answer any
questions from the Commission regarding the business' late night
operations or the drive-through service. He noted that representatives from
'"~ the company's engineering firm were also available to provide any
necessary information.
There were no other public comments and the Mayor closed the public
hearing.
Sonya Doerr, Director of Planning and Zoning, noted that this item was
comprised of two requests, one for a waiver in order to operate late-night
hours and the other for a Use by Exception to allow a drive through service.
She further explained that waiver requests come directly to the Commission
and that the Use-By-Exception was referred to the Commission with a
recommendation for approval from the Community Development Board.
Mayor Wolfson asked if the Commission received the Community
;~ Development Board's recommendation in writing. Ms. Doerr explained
that the item came before the Community Development Board at their
meeting the night before the agenda packets were delivered to the
~. Commissioners. Thus, she stated, the Community Development Board's
recommendation was sent separately to the Commissioners the day after
they received their agendas.
Mayor Wolfson inquired into the review process of the business' signage,
lighting, and landscaping. Ms. Doerr responded that the signage and
lighting would be required to comply with the City's regulations for those
items.
Motion: To approve a Waiver from Section 24-111(b) of the Land
Development Regulations to allow a Dunkin' Donuts restaurant to have
24-hour business operations for a site to be redeveloped at the
~. northwest corner of Sailfish Drive and Atlantic Boulevard, finding that
the requested waiver conforms to the intent and spirit of the Land
Development Regulations AND to approve a Use by Exception to allow
a permitted use, Dunkin' Donuts, to have a drive through service with
lanes dedicated solely to drive-through business at same site.
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January 23, 2006 REGULAR COMMISSION MEETING Paee 8
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Commissioner Borno expressed initial concern with the late hours and the
isolation of the business potentially causing security problems. However,
*~ he noted there were other late-night operations in close proximity to this
location and thus he supported the request as submitted.
Commissioner Simmons reported that she attended the Community
Development Board meeting during which this item was reviewed. She
asked Chief David Thompson, Director of Public Safety, for information
regarding the accident rates and traffic patterns at that intersection. Chief
Thompson provided some data on the traffic in that area and acknowledged
that they could not predict what changes would result from an increase in
traffic at that site. He noted that they would monitor the situation and make
adjustments or changes as necessary.
~" Commissioner Waters asked if the owner intended this business to be a
commercial venture for shipping their products to other areas. Ms. Danielle
Mayoros, Planning Director of DRMP, Inc., 3611-14 St. Johns Bluff Rd
~"" Jacksonville, responded on behalf of Dunkin Brands, Inc., that the business
would not be a distribution center and would operate as a local coffee/donut
shop for on-site consumption of their goods.
Commissioner Fletcher asked Chief Thompson for information regarding
crime around 24-hour businesses. Chief Thompson responded and
discussed the various ways to minimize the amount of criminal activity at
these types of locations.
At the request of Commissioner Fletcher, Ms. Doerr confirmed that the
Community Development Board's recommendation for approval was
unanimous.
Commissioner Fletcher asked for statistics and data regarding the traffic
,~„ pattern associated with the business. On behalf of Dunkin' Brands, Inc.,
Karen Rafferty and Jon Jones responded to his inquiries, providing
information on the average number of customers and the peak times for
„~ business.
Mayor Wolfson inquired how this proposed store would compare to the
~. footprint of the Dunkin' Donuts located at Beach Boulevard and Highway
9A. Mr. Jones explained that the other building is older and the operation
there does not include producing the donuts. Mayor Wolfson expressed his
concern with the proposed business being a 360-degree site that may have
some unsightly areas to it that would be unattractive as seen from all angles
around it. Ms. Rafferty responded that the proposed building is a prototype
*® of the 360-degree style and is comprised of different architectural
approaches and quality standards which present an improvement in its
physical appearance and site maintenance.
Commissioner Waters commented on the proposed entrance and exits for
the business.
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.Tanuary 23, 2006 REGULAR COMMISSION MEETING Pase 9
Commissioner Borno discussed the number of parking spaces, the number
~" of seats available inside, and the traffic flow of the single-window drive-
through service.
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Moved by Borno, seconded by Simmons
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson
Nay: 1 -Fletcher
MOTION CARRIED
B. Request from City of St. Augustine for Resolution of Support
for state funding for historic properties (City Manager)
City Manager Hanson reported that they received this request for the
Commission to adopt a resolution in support of St. Augustine's request for
state funds to help them maintain historic structures within their city. He
advised that, at the direction of the Commission, staff can prepare a
resolution for consideration at the next Commission meeting.
Motion: To direct staff to prepare a formal resolution supporting
maintaining St. Au~ustine's heritage program.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
~.. MOTION CARRIED
C. Letter from Mel Martinez dated November 18, 2005 (Mayor Pro
Tem Waters)
Commissioner Waters reiterated the concerns the City has regarding the
Broadband Investment and Consumer Choice Act. He indicated that the
legislature could result in the City losing revenue and losing control over its
own right-of-way properties. He stated that the letter received from Senator
Mel Martinez was unacceptable as a response to City Manager Hanson's
letter addressing the City's concerns with the bill. Commissioner Waters
recommended that the Commission, as the elected officials of the City, send
a letter to the Senator reiterating their stance on the issue and expressing
their displeasure with the lack of consideration or attention given to the City
~"" Manager's letter.
Mayor Wolfson asked the City Manager how the bill would impact the
~" community if passed. City Manager Hanson discussed the bill's potential
tremendous impact of severely reducing the amount of franchise fees
received by the City, and thus possibly increasing property taxes. He also
January 23 2006 REGULAR COMMISSION MEETING Page 10
noted that, if the bill was passed, the City would no longer be able to broker
with cable companies to maintain a standard level of customer service.
The Mayor asked if the City Manager has received any response from they
Florida League of Cities. City Manager Hanson noted that the FLC had
initially urged the cities to send the letter. The City Manager agreed with
Commissioner Water's opinion regarding the response received from
Senator Martinez. He believed that perhaps elected officials respond better
to communications from other elected officials rather than from staff.
Both Commissioner Borno and Commissioner Simmons concurred with the
belief that Senator Martinez's response was a standard form letter and not a
personal response to their concerns.
~. The Mayor recommended that the Commission send a letter to the senators,
representatives, and copy all the mayors in Duval County as well.
Commissioner Borno concurred and also suggested sending a copy to the
Florida League of Cities and the National League of Cities in order to
generate more support.
It was the consensus of the Commission to ask staff to draft a letter from all
the Commissioners and bring it back at the next meeting.
City Manager 9. City Manager
A. City Manager's Report
City Manager Jim Hanson reported on the following issues:
Strategic Planning Workshops
He announced that a third Strategic Planning workshop was scheduled for
February 15`h, 5:00-9:00 p.m. He noted that the City has a lengthy list of
~. topics to prioritize. He reminded the Commission that the first two
Strategic Planning workshops were set for February ls` and 2°d .
Community Character Workshops
He reminded the Commission that they had authorized him to sign off on
~. the Community Character project contract with Winter and Company. He
announced that scope of the project was finalized after the agenda packets
were sent and thus were emailed to the Commissioners and distributed at
~"' their seats tonight. This document is attached and made part of this official
record as Attachment A. He asked the Commission if they would like for
him to proceed with signing the contract.
,january 23, 2006 REGULAR COMMISSION MEETING Page 11
Commissioner Simmons clarified the number of times the consultant wi71
visit the City. She expressed great satisfaction that all of the meetings have
been scheduled and that the process is continuing to move forward.
It was the consensus of the Commission that the City Manager proceed with
executing the contract with Winter and Company.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
City Attorney Jensen
• Requested a shade meeting to discuss the two lawsuits filed against
~' the City by Ms. Lindley Tolbert. He announced that the following
morning, he and the City Manager will discuss a date for the shade
meeting and will contact the Commission. He would like to
"' schedule the meeting as soon as possible, preferably next week.
• Noted that he was asked to look into the procedure for establishing
~"' campaign contribution limits for the city's municipal elections. He
referred the Commission to a copy he provided of the Florida
Attorney General's opinion on the matter. This document is
~"' attached and made part of this official record as Attachment B. He
explained that state law has established contribution limits per
individual and corporation and preempts the municipalities from
~" enacting any separate legislation on the issue.
Commissioner Waters did not believe the state law worked in favor
of municipal needs and noted that municipalities ought to be able to
regulate municipal elections. He inquired about the procedure for
changing those laws and asked that the City Attorney directly
contact the Attorney General for his advice on the issue. He
mentioned approaching Senator King at the beaches cities' meeting
in May. The Mayor suggested that a visit to Tallahassee would also
provide a good opportunity for a discussion with elected officials on
the matter.
Commissioner Simmons
• Reported that she attended the most recent Community
Development Board meeting and noted there were a number of
vocal citizens present expressing opposition to issues. She stated
that she does not accept money or endorsements from special
interest groups, but in her contact with a number of groups last
week, she remarked that there are many people in the community
who believe the Commission is moving in the right direction with
their actions.
January 23, 2006 REGULAR CONINIISSION MEETING Pase 12
Mayor Wolfson
,,
• Announced that a citizen's volunteer group has approached him with
a request to use private funds to purchase and donate a clock to the
City for the Five Points intersection. He asked the Commission for
their reaction to this request. Commissioner Simmons reiterated her
belief that installing a clock at that intersection could create a safety
problem with traffic. Mayor Wolfson stated he is opposed to
utilizing public funds for this purchase but will ask the citizen group
if they would like to present their idea to the Commission.
• Expressed great concern with City of Jacksonville Resolution
#2006-117 being proposed by City Councilor Alvarez. He
described the contents of the resolution as very alarming and noted
the need to address it carefully. Mayor Wolfson expressed
disappointment with the manner in which City Councilor Alvarez
approached this and disagreed with the statement from
Jacksonville's Attorney General that the interlocal agreement among
the county and the three beach cities has no expiration date and
could be cancelled at any time. Mayor Wolfson reported that he has
had discussions with Mayor Brown and Mayor Sharp regarding this
issue. He stated that the mayors of the three beach cities are drafting
a response letter and will be meeting with Jacksonville Mayor
Peyton this week. Mayor Wolfson asked City Attorney Jensen to
advise the Commission on how they should proceed.
City Attorney Jensen announced that he spoke with Jacksonville's
Attorney, Steve Rohan, last week and asked that Attorney Rohan
provide the law supporting his statement regarding cancellation of
the agreement. City Attorney Jensen believed that the interlocal
agreement remains in effect until a new agreement is accepted. He
noted that Attorney Rohan indicated that the City of Jacksonville
wanted to review the agreement and receive information and
feedback regarding any changes that have occurred over the last ten
years. City Attorney Jensen recommended that the City follow the
issue and stay informed with the City of Jacksonville's intentions,
while maintaining a united front with the other beach cities.
Mayor Wolfson believed it would be in the City's best interest to
continue this interlocal agreement. However, he indicated that if it
was pursued, there were areas of the agreement that the City of
Atlantic Beach could consider changing to its advantage. He
discussed looking at the amount of property taxes contributed to the
county by the beaches and the possibility of annexing property that
is currently under jurisdiction of the City of Jacksonville. He
indicated this could be an opportunity to assist other citizens by
bringing them into Atlantic Beach, as some of them have requested.
~.
Adjournment
,january 23 2006 REGULAR COMMISSION MEETING Pape 13
Commissioner Waters suggested that if the agreement was
renegotiated, the City should also re-examine the costs paid to the
county for providing Atlantic Beach with fire and rescue services.,
There being no further discussion, the Mayor declared the meeting
adjourned at 9:17 p.m.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk