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Minutes 08-28-06 v ~" MINUTES REGULAR CITY COMMISSION MEETING August 28, 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 Sylvia N. Simmons ~"" Commissioner Jamie Fletcher 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 Mayor Wolfson. Mayor Wolfson explained he intended to keep the agenda in order except for Item 4 C ~" on the Consent Agenda which needs a Public Hearing and therefore will be addressed during Miscellaneous Business. Mayor acknowledged that many citizens were present to speak in regards to Item 7A and explained they should wait until the Public Hearing for that Ordinance is opened. Further instructs were given. Mayor Wolfson acknowledged former Mayors John Meserve and Bill Gulliford and former Commissioner Rick Beaver who were in the audience. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on August 14, 2006 Commissioner Borno noted there were ten (10) typographical errors which where caught and were provided with blue highlighting for consideration. Motion: To approve the minutes of the Regular Commission Meeting on August ~,,, 14~ 2006 with the ten (10) highlighted corrections. 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 The Mayor opened the floor to visitors. Chip Drysdale, 2051 Seminole Road, spoke regarding a permit problem. He presented background information on his plans to renovate and his multiple, unsuccessful attempts to get it approved and permitted. He advised he asked the City *w Manager if a private inspector could be used and was told he could not due to quality ~. ___ "'~ August 28, 2006 REGULAR COMMISSION MEETING Page 3 B. Approve renewal of employee Health Insurance with Aetna effective October 1, 2006 for a one year period and retain the current benefits and City/employee contribution ratios (City Manager) C. *Approval of aUse-by-Exception for Landshark Cafe to allow for the on- premise consumption of beer and wine in association with a restaurant within the Commercial General (CG) Zoning District at 1013 Atlantic Boulevard within the Atlantic Village Shopping Center (City Manager) *Mayor Wolfson reminded the Commission that Item 4C has been removed from the Consent agenda and will be acted on later as a Public Hearing Item. Motion: To approve Consent Agenda Items 4A and 4B as presented. Moved by Waters, seconded by Fletcher 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. 06-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Resolution by title only. Commissioner Fletcher asked whether there are any areas that the city maintains that are not on the list to be reimbursed by the Florida Department of Transportation. City Manager Hanson believed that all the areas on the state right-of--way are listed. Commissioner Fletcher asked whether areas near Fleet Landing were being maintained ~„ and whether the City is reimbursed. Public Works Director Rick Carper answered the city is maintaining a small area North of the Kangaroo station where the Welcome to Atlantic Beach sign is located and the City is not being reimbursed. Commissioner Waters questioned the amount of reimbursement compared to last year. City Manager Hanson explained there is an increase to the reimbursement which is ~, due to areas being added to the contract. Motion: To approve this maintenance agreement contract renewal with the #. Florida Department of Transportation (FOOT), and that the Commission pass Resolution No. 06-09 approving the new contract as required by the FOOT, and authorize the City Manager to sign the Renewal Agreement. ~. ~* August 28, 2006 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances ~* A. ORDINANCE N0.90-06-195, Introduction and Public Hearing 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 AMENDING ARTICLE III, DIVISION 7, SUPPLEMENTARY REGULATIONS, OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, FLORIDA IS HEREBY AMENDED TO ADD NEW SECTION 24-172, RESIDENTIAL DEVELOPMENT STANDARDS, PROVIDING FOR ~`" RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson explained the process for citizens to speak during the Public Hearing. Mayor Wolfson read the ordinance by title only. He opened the public hearing. The following citizens spoke during the public hearing on Ordinance No. 90-06-195: Robert (Bob) Harris, Sr., 892 Ocean Blvd., spoke in opposition Lizzie Byrnes, 391 Eighth Street, spoke in opposition ~"" Former Mayor John Meserve, 2126 Beach Avenue, spoke in opposition Former Mayor Bill Gulliford, 75 Beach Avenue, spoke in opposition Jane Wytzka, 352 Second Street, spoke in favor ~" Stephen Fouraker, 387 Sixth Street, spoke in favor Lindley Tolbert, 334 Sixth Street, spoke in opposition Bobby Raymond, 380 Ninth Street, spoke in opposition Brian Sexton, 320 Ninth Street, spoke in opposition Carol Mikell, 1771 Sea Oats Drive, spoke in opposition Larry Whitehead, 550 Sherry Drive, spoke in opposition ~.. Jack Robbins, 1435 Linkside Drive, spoke in favor Lynette Tyson, 110 Eighth Street, spoke in opposition ,~„ Bryan Barker, 620 Beach Avenue, spoke in opposition Leah Barker, 620 Beach Avenue, spoke in opposition Sharon Scholl, 2049 Selva Marina Drive, spoke in favor ~, Joan Carver, 46 Fifteenth Street, spoke in favor Sue Snead, 261 Beach Avenue, spoke in opposition David MacInnes, 373 Fifth Street, spoke in opposition ~,,, Mike Witherspoon, 679 Ocean Blvd., spoke in opposition Jim Campbell, 2055 Beach Avenue, spoke in opposition Bob Castro, 412 Ocean Blvd. ,spoke in opposition ~, R.D. De Carle, 51 Beach Blvd. ,spoke in opposition Gabriele Polytinsky, 158 Sixteenth Street, spoke in favor Richard Bell, 1952 Beachside Court, spoke in favor ~. Steve Milo, 417 Ocean Blvd. ,spoke in opposition '~" August 28. 2006 REGULAR COMMISSION MEETING Page 7 Mayor Wolfson called the meeting back to order at 10:51 pm. Mayor Wolfson explained that many speakers expressed emotion, compassion and anguish. He expressed sadness over what has happened to the Community over the last year and has been a loss for all. He believed this issue is the most difficult issue he has ever been involved in but is glad to be a part of it. He shared his opinion that this issue has brought on divisiveness that will not be easy to bring back together. He expressed his sadness that his neighbors, citizens and friends will have to walk down their streets and feel anguish and torment caused by this Community Character issue. Mayor Wolfson expressed his respect for the Save Atlantic Beach movement. Motion: To approve Ordinance No. 90-06-195 on the first reading. Moved by Fletcher, seconded by Simmons Commissioner Borno expressed his opposition to the proposed Ordinance as it is written. He explained some things in the Ordinance has value and can be combined ~"' with our existing ordinance to control bulk and mass. He believed that a FAR is dictatorial and a number can never be determined to describe the diverse community character of homes throughout the whole city. Commissioner Borno believed that the following factors should be incorporated in an ordinance: Wall plane heights, side wall planes, special treatment for lawful existing ~'"' single and multifamily homes, and structures that are damaged and destroyed. Commissioner Borno expressed sadness to friendships being affected by this issue. Commissioner Waters explained that the process has been going on for more than two years and something needs to be done. He further explained that if the FAR does not ~" work, it can be changed in the future. He believed property values will still go up if the ordinance is passed and expressed he does not live in Atlantic Beach for the dollar value of his property. He hopes to preserve the way of life the community is used to. ~. He provided a history of height issues and effects from past decisions. ~, Commissioner Simmons explained she does live in "Old Atlantic Beach" and that her decision is neighborhood driven. She spoke to many citizens on both sides of the issues over the past three years and have studied and considered components such as: her ,~ house; her neighbor's houses; landscaping; pedestrian-friendly front doors and porches; rear detached garages five-feet from property lines; numbers that are considerably different than the consultants numbers; preserving and protecting the neighborhood while still allowing for newer and larger developments; community character; and property values. Commissioner Fletcher explained the Community Character issue has been studied for three years and he is ready to vote. Mayor Wolfson explained there are many people with a misunderstanding of the calculations and gave an example of one. He agreed that the issue can be confusing. Mayor Wolfson read from a FCCMA White Paper, titled Florida Hometown ~. Democracy Initiative regarding the legislative process and was sent out by the Florida August 28, 2006 REGULAR COMMISSION MEETING Page 9 Corey Fox, owner of the Landshark Cafe explained his wishes to serve beer and .~ wine at the restaurant. Mayor Wolfson closed the public hearing. Motion: Approve aUse-bv-Exception for Landshark Cafe to allow for the on- premise consumption of beer and wine in association with a restaurant within the Commercial General (CG) Zoning District at 1013 Atlantic Boulevard with the Atlantic Village Shopping Center. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson '""' Nay: 0 MOTION CARRIED Action on Ordinances B. ORDINANCE NO. 20-06-80, Introduction and First Reading 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 Mayor Wolfson read the ordinance by title only. Motion: Approve Ordinance No. 20-06-80 as presented on first reading. Moved by Borno, seconded by Waters Commissioner Borno explained the purpose of the ordinance. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED ~, Miscellaneous Business 8. Miscellaneous Business A. Hopkins Creek Regional Retention Facility -Land Purchase (City Manager) City Manager Hanson explained the background of this item. He advised that a public hearing would be held tonight and that the consultants are in the audience. Mike Schmidt, P.E., BCEE, Vice President of Camp, Dresser and McKee, 446 Inland Way, explained he was there to address questions that have come up and to address the last step in the long-term flood control water quality improvement project for the city which is attached an made part of this official record as Attachment C. He presented a slide show. His presentation addressed the plan to handle flooding and explained that conveying the water downstream would cause flooding in Neptune Beach. He suggested scoring the water, which not only reduces the flooding but is good in terms of protecting downstream interest, protecting water quality and making the system consistent with Federal and State Legislation. ~. ~. August 28, 2006 REGULAR COMMISSION MEETING Page 11 City Clerk Bussey explained her recommendation as indicated in her staff report and noted that it is the same as it was at the last meeting when action was deferred. She explained her reasons for the request and the need for paying the position properly. She believed since the proposed "Administrative Assistant" job description was not scored ~• with the Certified Municipal Clerk (CMC) designation factor, extra points should be added and thus raise the position up another grade upon obtaining that Certification. She explained the process and criteria for obtaining the CMC. Mr. Hanson indicated that his recommendation has not changed from the last meeting. Commissioner Simmons expressed that she would like to break it out into two motions. Motion: To approve the reclassification of the "Secretary" position from a Grade ~'" 15 to a Grade 17, change the title to "Administrative Assistant to the City Clerk" and place into the pay scale using normal city procedures. Moved by Simmons, seconded by Borno Commissioner Simmons reported her research from discussions with City Manager Hanson, City Clerk Bussey and Human Resource Manager Foster. She believed the °'"' logical and more appropriate grade for the proposed Administrative Assistant to the City Clerk job description would be a Grade 17. She pointed out the other similar administrative positions are called Administrative Assistants, their classified at a Grade ~'" 17, and they do not require a college education. Commissioner Waters wanted clarification why the Grade should not start at 16. ~" Commissioner Simmons explained 1) there are factors for scoring a job 2) all other Administrative Assistants score at a Grade 17 and 3) there are no other positions scoring at a Grade 16 that have these administrative responsibilities. Commissioner Waters believed the motion should be amended to include the second part of the recommendation which he stated "In addition, create a position called m. Deputy City Clerk at a Grade 18 to which the Administrative Assistant would automatically advance upon receiving the Certified Municipal Clerk (CMC) status. He believed that someone with a CMC is more likely to have a higher level of education or ~. a college degree. Ms. Bussey explained that a college degree was not a previous requirement for the CMC, but for those people who have not started the CMC's 3-year ~„ program, a college degree requirement will be in effect by the time they can apply for the Certification. ~, Mayor Wolfson asked for clarification from Commissioner Waters whether he is making a motion to amend. Commissioner Waters agreed that it was his intent to make the motion and Mayor Wolfson asked for a second. Motion: To amend the motion to include, "In addition, create a position called "Deputy Citv Clerk" at a Grade 18 to which the "Administrative Assistant" would ~. automatically advance/promote to upon receiving the Certified Municipal Clerk (CMC) status. Motioned by Waters. Motion died due to a lack of a second. ~. ~. August 28, 2006 REGULAR COMMISSION MEETING Paee 13 Ms. Bussey confirmed that a CMC is not required to perform City Clerk duties and ,~. pointed out that she will have her CMC effective November 1, 2006 which is the first month following her two year membership requirement. Commissioner Fletcher indicated he was in favor of splitting the motions to get the immediate issue of the Administrative Assistant position approved and advertised and explained that is why he voted against amending the motion. He believes tremendous ~• pressure is being placed on the City Clerk's Office as well as other departments and recognizes the need to advertise the position. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson indicated that he would hold his reports for another time. 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 (Mayor) ~"' Commissioner Waters explained that the Board Member Review Committee met and interviewed applicants for the Code Enforcement Board and that some of those applicants are also being considered for the Community Development Board. He ~"' reported that the consensus was to recommend appointing Juliette Hagist to fill the current alternate member vacancy. He also reported the consensus to recommend Ray Martin to fill the alternate member vacancy, if another vacancy occurs in the near ~° future and Juliette Hagist moves up to fill the regular member vacancy. Motion: To appoint Juliette Hagist as an alternate member to the Code Enforcement Board to fill the current vacancy, to appoint Ray Martin to fill the next future vacancy of the Code Enforcement Board as an alternate member and Juliette Hagist would move up to serve as a regular member . Moved by Wolfson, seconded by Borno Commissioner Fletcher mentioned that, based on comments during the Neighborhood ~. Chat, he is working with the City Manager regarding rental issues. Mayor Wolfson thanked him for taking on the issue. ~" Aueust 28.2006 REGULAR COMMISSION MEETING Paee 15 Votes: ~* Aye: 3 -Borno, Simmons, Wolfson Nay: 2- Fletcher, Waters MOTION CARRIED Commissioner Borno - Reference Mr. Drysdale's issue and expressed the need for the city to work out '" the problems. Commissioner Simmons ~" - Agreed with Commissioner Borno and added that the city is in need of a regular full-time Building Official. Mayor Wolfson asked Mr. Hanson to report on the status of hiring a Building Official. Mr. Hanson reported the recent ~'" history and status of the efforts and explained the reason the current building official is being contracted for three days a week. He expressed that he is not in favor of allowing people to use outside inspectors for permits. - Urged the Commission to review the FDOT document that was given to each of them which is a traffic impact analysis pertaining to the proposed Walmart in Neptune Beach. Commissioner Fletcher - Expressed he is truly honored to serve. Commissioner Waters - Shared his opinion that many people spoke tonight and it went rather well. He commented that the citizens in Atlantic Beach are an extremely mature crowd. - Reported that he attended the Big Brother and Big Sisters breakfast meeting last week and they are looking for mentors. He expressed wanting to encourage people to sign up for mentoring children since he believes mentoring makes a big difference in a child's life. Mayor Wolfson - Reminded the Commission the final Budget Workshop is scheduled for ~„ Wednesday, August 30th at 5:00 pm. ~. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 12:31 am. ~. Donald M. Wolfson, Mayor/Presiding Officer ~. ATTEST: Donna L. Bussey ~, City Clerk .~ August 28 2006 REGULAR COMMISSION MEETING Paae 2 concerns. He further advised that he spoke to the former Building Inspector Don Ford and confirmed that private inspectors may be used and it has been common practice. Mr. Drysdale distributed a copy of the Florida Statutes which addresses the situation and asked the Commission if he could use a private "certified" inspector or engineer for his project. Mayor Wolfson acknowledged Mr. Drysdale's concerns and clarified some information. He noted he heard about it, discussed it with the City Manager, and asked the City Manager to research for justification on the delays. Mayor Wolfson asked the City Manager to give an update on his findings. City Manager Jim Hanson reported that our current Building Administrator is following the Building Code and is requiring things that were not required by the former Building Official and has caused many plans to be sent back which causes delays. He also reported that Inspections are performed within one day therefore believed hiring a private inspector is not necessary. He expressed concerns on quality control with using outside inspectors. Discussion ensued regarding the city's contracted Building Administrator. Commissioner Simmons expressed concerns but explained that an item brought up during the Courtesy of the Floor to Visitors was not the proper time to take action. Mayor Wolfson assured Mr. Drysdale that they would follow up on the issue. Alan W. Potter, 374 2"d Street, addressed Item 8A. Mr. Potter expressed concerns about the appraisal amount of the church property for the proposed Hopkins Creek Retention Facility and urged the Commission to not acquire the land. Bob Gray, 350 Sixth Street, spoke regarding his permit problem. He indicated his plans had also been sent back with multiple comments and believed more than half were a result of the Building Administrator skipping over information that was provided. He requested the city look into problems with the building permit process in order to resolve unnecessary delays. 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 Follow-up Report, which is attached and made part of this official record as Attachment A. His report addressed the following: Signage at Plaza Street Entrance to Post Office; Traffic Concurrency; Request for Three Way Stop at Plaza/Rose Street; and Streetlight Policy. City Manager Jim Hanson also reported that the hurricane shutters are now being installed on the Commission Chambers. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Building Department Report for June 2006 and July 2006, Monthly Financial Reports, Public Safety Report and Code Enforcement Report for July 2006 (City Manager) Q ~,. Aucust 28, 2006 REGULAR COMMISSION MEETING Page 3 B. Approve renewal of employee Health Insurance with Aetna effective October 1, 2006 for a one year period and retain the current benefits and City/employee contribution ratios (City Manager) C. *Approval of aUse-by-Exception for Landshark Cafe to allow for the on- premise consumption of beer and wine in association with a restaurant within the Commercial General (CG) Zoning District at 1013 Atlantic Boulevard within the Atlantic Village Shopping Center (City Manager) *Mayor Wolfson reminded the Commission that Item 4C has been removed from the Consent agenda and will be acted on later as a Public Hearing Item. Motion: To approve Consent Agenda Items 4A and 4B as presented. Moved by Waters, seconded by Fletcher 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. 06-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE ~"" CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Resolution by title only. Commissioner Fletcher asked whether there are any areas that the city maintains that are not on the list to be reimbursed by the Florida Department of Transportation. City ~. Manager Hanson believed that all the areas on the state right-of--way are listed. Commissioner Fletcher asked whether areas near Fleet Landing were being maintained ~„ and whether the City is reimbursed. Public Works Director Rick Carper answered the city is maintaining a small area North of the Kangaroo station where the Welcome to Atlantic Beach sign is located and the City is not being reimbursed. Commissioner Waters questioned the amount of reimbursement compared to last year. City Manager Hanson explained there is an increase to the reimbursement which is ~„ due to areas being added to the contract. Motion: To approve this maintenance agreement contract renewal with the ~. Florida Department of Transportation (FDOT), and that the Commission pass Resolution No. 06-09 approving the new contract as required by the FDOT, and authorize the City Manager to sign the Renewal Agreement. ..p Ausust 28 2006 REGULAR COMD~IISSION MEETING Page 4 Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. RESOLUTION N0.06-10 A Resolution of the City Commission of the City of Atlantic Beach, expressing concern related to the potential for adverse traffic impacts, which maybe generated by a proposed Wal-Mart, within the City of Neptune Beach adjacent to the City of Atlantic Beach. Motion• Approval of Resolution No. 06-10 as submitted except with a change to add the word "failed" before the word "roadway" in the fourth Whereas statement. Moved by Borno, seconded by Fletcher Commissioner Waters asked the City Attorney for his opinion on adding the word "failed". City Attorney Jensen commented "failed" based on who's opinion. Community Development Director Sonya Doerr shared the same concern. Commissioner Fletcher referred to the Neptune Beach traffic study. Commissioner Borno withdrew his motion. Commissioner Fletcher withdrew his second. Motion: Approve Resolution No. 06-10 as written. Moved by Fletcher, seconded by Borno Discussion ensued. Mayor Wolfson reminded the Commission that the City Attorney cautioned them about singling out Walmart. He expressed concern on the wording of the Resolution and suggested replacing the word "Walmart" with "retail supercenter" throughout the Resolution. Motion: To amend the original Resolution No. 06-10. Moved by Waters, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Motion• To appove the amended Resolution No. 06-10 which replaces the word "Walmart" with "retail supercenter" throughout the Resolution. Moved by Fletcher, seconded by Borno August 28, 2006 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. ORDINANCE N0.90-06-195, Introduction and Public Hearing 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 AMENDING ARTICLE III, DIVISION 7, SUPPLEMENTARY REGULATIONS, OF ~* THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, FLORIDA IS HEREBY AMENDED TO ADD NEW SECTION 24-172, RESIDENTIAL DEVELOPMENT STANDARDS, PROVIDING FOR ~" RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson explained the process for citizens to speak during the Public Hearing. Mayor Wolfson read the ordinance by title only. He opened the public hearing. The following citizens spoke duringthe public hearing on Ordinance No. 90-06-195: Robert (Bob) Harris, Sr., 892 Ocean Blvd., spoke in opposition Lizzie Byrnes, 391 Eighth Street, spoke in opposition '"~' Former Mayor John Meserve, 2126 Beach Avenue, spoke in opposition Former Mayor Bill Gulliford, 75 Beach Avenue, spoke in opposition Jane Wytzka, 352 Second Street, spoke in favor "~ Stephen Fouraker, 387 Sixth Street, spoke in favor Lindley Tolbert, 334 Sixth Street, spoke in opposition Bobby Raymond, 380 Ninth Street, spoke in opposition Brian Sexton, 320 Ninth Street, spoke in opposition Carol Mikell, 1771 Sea Oats Drive, spoke in opposition Larry Whitehead, 550 Sherry Drive, spoke in opposition ~. Jack Robbins, 1435 Linkside Drive, spoke in favor Lynette Tyson, 110 Eighth Street, spoke in opposition ~, Bryan Barker, 620 Beach Avenue, spoke in opposition Leah Barker, 620 Beach Avenue, spoke in opposition Sharon Scholl, 2049 Selva Marina Drive, spoke in favor ~„ Joan Carver, 46 Fifteenth Street, spoke in favor Sue Snead, 261 Beach Avenue, spoke in opposition David MacInnes, 373 Fifth Street, spoke in opposition ~, Mike Witherspoon, 679 Ocean Blvd., spoke in opposition Jim Campbell, 2055 Beach Avenue, spoke in opposition Bob Castro, 412 Ocean Blvd. ,spoke in opposition ~. R.D. De Carle, 51 Beach Blvd. ,spoke in opposition Gabriele Polytinsky, 158 Sixteenth Street, spoke in favor Richard Bell, 1952 Beachside Court, spoke in favor Steve Milo, 417 Ocean Blvd. ,spoke in opposition August 28 2006 REGULAR COMMISSION MEETING Page 6 Mary Dove, 125 Donner Road, spoke in opposition Sarah Barksdale, 377 Eighth Street, spoke in favor Fran Beaver, 319 Twelfth Street, spoke in opposition Rick Beaver, 319 Twelfth Street, spoke in opposition Judy Sheklin, 1985 Brista De Mar Circle, spoke in favor Ian Sean McAfee, 824 Sherry Drive, spoke in opposition Margo Mudge, 1549 Ocean Blvd. ,spoke in opposition Stephen Kuti, 1132 Linkside Drive, spoke in opposition Joe O'Conor, 350 Eleventh Street, spoke in opposition Jim Smith, 1958 Beachside Court, spoke in opposition Ross Weeks, 380 Eighth Street, spoke in opposition Pam McCrary, 226 First Street, spoke in opposition Leslie Platock, 1640 Beach Avenue, spoke in opposition Kirk Hansen, 2393 Ocean Breeze Court, spoke in opposition John Fletcher, 672 Ocean Blvd. ,spoke in opposition Bonnie Weigand, 369 Plaza, spoke in opposition Mike Mesiano, 1375 Ocean Blvd. ,spoke in opposition Andrew Ferguson, 1270 Ocean Blvd. ,spoke in opposition Mary Love, 265 Third Street, spoke in opposition Glenn Gaynon, 162 Belvedere Street, spoke in opposition Sally Clemens, 1638 Park Terrace West, spoke in favor David Dally, 723 Sherry Drive, spoke in opposition David Boyer, 2061 Beach Avenue, spoke in favor Amy Pritchett, 1960 Beach Avenue, spoke in opposition Rusty Pritchett, 1960 Beach Avenue, spoke in opposition Margaret Sherrill, 1772 Sea Oats Drive, spoke in opposition Chuck Hyman, 239 Beach Avenue, spoke in opposition Jill Shreit, 848 Ocean Blvd. ,spoke in opposition Thomas Shreit, 848 Ocean Blvd. ,spoke in opposition Tom Goodrich, 1907 Creekside Circle, spoke in opposition Kathie McGuinness, 1629 Beach Avenue, spoke in opposition Jana Ray Sternfeld, 2248 Barefoot Trace, spoke in opposition George Mayforth, 10 Tenth Street, spoke in opposition Jolyn Johnson, 2322 Beachcomber Trail, spoke in favor Beth Mullaney, 315 Plaza, spoke in opposition Steve Chavoustie, 335 Second Street, spoke in opposition Kathy Ondrejicka, 1750 Selva Marina Drive, spoke in opposition Bonnie Hansen, 2393 Ocean Breeze Court, spoke in opposition John Galeani, 1628 Beach Avenue, spoke in opposition Harley Parkes, 1838 Seminole Road, spoke in opposition Sandy Parkes, 1838 Seminole Road, spoke in opposition Jackie Beckenbach, 2210 Oceanwalk Drive West, spoke in favor Peter Coalson, 1610 Coquina Place, spoke in opposition Former Mayor Lyman Fletcher, 804 East Coast Drive, spoke in favor Penny Kamish, 193 Beach Avenue #l, spoke in opposition Chuck Olmsted, 1670 Beach Avenue, spoke in opposition Kelly Elmore, 1650 Beach Avenue, spoke in opposition Mayor Wolfson closed the Public Hearing and called a recess at 10:42 pm. August 28, 2006 REGULAR COMMISSION MEETING Page 7 Mayor Wolfson called the meeting back to order at 10:51 pm. Mayor Wolfson explained that many speakers expressed emotion, compassion and anguish. He expressed sadness over what has happened to the Community over the last •+~ year and has been a loss for all. He believed this issue is the most difficult issue he has ever been involved in but is glad to be a part of it. He shared his opinion that this issue has brought on divisiveness that will not be easy to bring back together. He expressed his sadness that his neighbors, citizens and friends will have to walk down their streets and feel anguish and torment caused by this Community Character issue. Mayor Wolfson expressed his respect for the Save Atlantic Beach movement. Motion: To approve Ordinance No. 90-06-195 on the first reading. Moved by Fletcher, seconded by Simmons Commissioner Borno expressed his opposition to the proposed Ordinance as it is written. He explained some things in the Ordinance has value and can be combined ~" with our existing ordinance to control bulk and mass. He believed that a FAR is dictatorial and a number can never be determined to describe the diverse community character of homes throughout the whole city. Commissioner Borno believed that the following factors should be incorporated in an ordinance: Wall plane heights, side wall planes, special treatment for lawful existing ~"' single and multifamily homes, and structures that are damaged and destroyed. Commissioner Borno expressed sadness to friendships being affected by this issue. Commissioner Waters explained that the process has been going on for more than two years and something needs to be done. He further explained that if the FAR does not ~' work, it can be changed in the future. He believed property values will still go up if the ordinance is passed and expressed he does not live in Atlantic Beach for the dollar value of his property. He hopes to preserve the way of life the community is used to. He provided a history of height issues and effects from past decisions. Commissioner Simmons explained she does live in "Old Atlantic Beach" and that her decision is neighborhood driven. She spoke to many citizens on both sides of the issues over the past three years and have studied and considered components such as: her house; her neighbor's houses; landscaping; pedestrian-friendly front doors and porches; rear detached garages five-feet from property lines; numbers that are considerably different than the consultants numbers; preserving and protecting the neighborhood ~„ while still allowing for newer and larger developments; community character; and property values. Commissioner Fletcher explained the Community Character issue has been studied for three years and he is ready to vote. Mayor Wolfson explained there are many people with a misunderstanding of the calculations and gave an example of one. He agreed that the issue can be confusing. Mayor Wolfson read from a FCCMA White Paper, titled Florida Hometown Democracy Initiative regarding the legislative process and was sent out by the Florida August 28 2006 REGULAR COMMISSION MEETING Page 8 League of Cities. This document is attached and made part of this official record as Attachment B. After Mayor Wolfson read the article, he noted that citizens in opposition have indicated they represent the majority and have requested for a straw vote. He explained, in some instances, it tramples the rights of others. He summarized the history of the Community Character process and the concerns of the other Commissioners regarding Community Character. He urged everyone to respect the government process. He confirmed that he has been listening closely to citizen's comments and has even received personal treats. He believes the fabric of the community is at risk. Mayor Wolfson expressed the FAR is a bit restrictive and needs to be broader. He is in favor of some kind of limits on the community; some protection for those who believe their rights are being trampled on and protection for those who believe they have property rights issues that are being limited. He is interested in finding a medium. He stated his position of wanting a .60 FAR. Mayor Wolfson called for a Roll Call. Roll Call Vote: Fletcher Aye Simmons Aye Waters Aye Borno Nay Wolfson Nay Votes: 3/2 MOTION CARRIED Community Development Director Sonya Doerr asked the Mayor to address the Public Hearing for Item 4C, which was changed to a Miscellaneous Business item, at this time. Mayor Wolfson agreed to take the item out of sequence and address it at this time. Item 4C being taken 4C. *Approval of aUse-by-Exception for Landshark Cafe to allow for the on- out of sequence. premise consumption of beer and wine in association with a restaurant within the Commercial General (CG) Zoning District at 1013 Atlantic Boulevard within the Atlantic Village Shopping Center (City Manager) City Manager Hanson advised that the Community Development Board had recommended approval of this Use-by-Exception request. Ms. Doerr referred to her staff report and noted the space was formerly occupied by restaurants which had beer and wine licenses, but that since the space does not hold a current Occupational License or 2-COP license, a new Use-by-Exception is required. Mayor Wolfson opened the floor to a public hearing on this item. August 28, 2006 REGULAR COMMISSION MEETING Paee 9 Corey Fox, owner of the Landshark Cafe explained his wishes to serve beer and ~. wine at the restaurant. Mayor Wolfson closed the public hearing. Motion: Approve aUse-bv-Exception for Landshark Cafe to allow for the on- premise consumption of beer and wine in association with a restaurant within the +~ Commercial General (CG) Zoning District at 1013 Atlantic Boulevard with the Atlantic Village Shopping Center. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson ~. Nay: 0 MOTION CARRIED Action on Ordinances. B. ORDINANCE NO. 20-06-80, Introduction and First Reading 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 Mayor Wolfson read the ordinance by title only. Motion: Approve Ordinance No. 20-06-80 as presented on first reading. Moved by Borno, seconded by Waters Commissioner Borno explained the purpose of the ordinance. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson „~ Nay: 0 MOTION CARRIED ,~„ Miscellaneous Business 8. Miscellaneous Business A. Hopkins Creek Regional Retention Facility -Land Purchase (City Manager) City Manager Hanson explained the background of this item. He advised that a public hearing would be held tonight and that the consultants are in the audience. ~. Mike Schmidt, P.E., BCEE, Vice President of Camp, Dresser and McKee, 446 Inland Way, explained he was there to address questions that have come up and to address the last step in the long-term flood control water quality improvement project ~• for the city which is attached an made part of this official record as Attachment C. He presented a slide show. His presentation addressed the plan to handle flooding and explained that conveying the water downstream would cause flooding in Neptune ~* Beach. He suggested scoring the water, which not only reduces the flooding but is good in terms of protecting downstream interest, protecting water quality and making the system consistent with Federal and State Legislation. ~. .F August 28 2006 REGULAR COMMISSION MEETING Paee 10 He reported the actions taken over the last decade that contributed to the decrease in flooding. He displayed and explained the project as the most appropriate option when ... considering the cost and benefits from the investment. He indicated the project will get it down below houses and has the streets passable. Mr. Schmitt answered questions from the Commission and explained the timeline for the project. Mayor Wolfson opened the floor to a Public Hearing on this item. Stephen Kuti,1132 Linkside Drive, questioned the size of the drainage area that will drain to the ponds. Public Works Director Rick Carper answered that it is 53 acres. Motion• Authorize the City Manager to complete the purchase of the land required for the Hopkins Creek Regional Retention Facility with Sunrise Community Church. Moved by Simmons, seconded by Borno Commissioner Borno explained the reason the price of the land is high is because the land is considered high density. Alan Potter spoke up and presented a copy of the appraisal. He believed that the appraisal included 8.5 acres instead of 2 acres. Mayor Wolfson reviewed the handout and confirmed with Mr. Carper that the appraisal was based on 2 acres. Commissioner Fletcher called the question. Commissioner Simmons seconded. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED Mayor Wolfson thanked Mr. Schmidt for his work on the project. B. Report of the Annual Actuarial Valuation for Police Officers' Retirement System and for General Employee Retirement Systems ending September 30, 2005 (City Manager) City Manager Hanson explained both reports were provided to the Commission in their agenda packets and set forth the rates that the City has to contribute for the employees' funds for the coming year. Mr. Hanson answered questions from the Commission. C. Reclassification of the Secretary position in the City Clerk's Office (City Clerk) .. Aucust 28, 2006 REGULAR COMMISSION MEETING Pace 11 City Clerk Bussey explained her recommendation as indicated in her staff report and ~. noted that it is the same as it was at the last meeting when action was deferred. She explained her reasons for the request and the need for paying the position properly. She believed since the proposed "Administrative Assistant" job description was not scored ~. with the Certified Municipal Clerk (CMC) designation factor, extra points should be added and thus raise the position up another grade upon obtaining that Certification. She explained the process and criteria for obtaining the CMC. Mr. Hanson indicated that his recommendation has not changed from the last meeting. Commissioner Simmons expressed that she would like to break it out into two motions. Motion: To approve the reclassification of the "Secretary" position from a Grade 15 to a Grade 17, change the title to "Administrative Assistant to the City Clerk" and place into the pay scale using normal city procedures. Moved by Simmons, seconded by Borno Commissioner Simmons reported her research from discussions with City Manager Hanson, City Clerk Bussey and Human Resource Manager Foster. She believed the ~"° logical and more appropriate grade for the proposed Administrative Assistant to the City Clerk job description would be a Grade 17. She pointed out the other similar administrative positions are called Administrative Assistants, their classified at a Grade "" 17, and they do not require a college education. Commissioner Waters wanted clarification why the Grade should not start at 16. '"~ Commissioner Simmons explained 1) there are factors for scoring a job 2) all other Administrative Assistants score at a Grade 17 and 3) there are no other positions scoring at a Grade 16 that have these administrative responsibilities. ~. Commissioner Waters believed the motion should be amended to include the second part of the recommendation which he stated "In addition, create a position called '~ Deputy City Clerk at a Grade 18 to which the Administrative Assistant would automatically advance upon receiving the Certified Municipal Clerk (CMC) status. He believed that someone with a CMC is more likely to have a higher level of education or ~. a college degree. Ms. Bussey explained that a college degree was not a previous requirement for the CMC, but for those people who have not started the CMC's 3-year program, a college degree requirement will be in effect by the time they can apply for the Certification. ,~, Mayor Wolfson asked for clarification from Commissioner Waters whether he is making a motion to amend. Commissioner Waters agreed that it was his intent to make the motion and Mayor Wolfson asked for a second. Motion: To amend the motion to include, "In addition, create a position called "Deputy City Clerk" at a Grade 18 to which the "Administrative Assistant" would automatically advance/promote to upon receiving the Certified Municipal Clerk (CMC) status. Motioned by Waters. Motion died due to a lack of a second. August 28, 2006 REGULAR COMMISSION MEETING Page 12 Commissioner Simmons explained her reasons for not being able to justify the advancement to a Grade 18. She believed the pay plan does not allow for advancement .,~ to another grade without a change to the responsibilities and that the revised job description which was graded reflected all the duties. She expressed concerns that a Grade 18 job description has not provided. *~ City Clerk Bussey explained there is a mechanism in the pay plan that allows for an advancement to a higher grade based on certifications. Commissioner Borno explained the idea that the Deputy City Clerk position would assume the duties of the City Clerk in her absence made him believe the position should be graded higher, as a Grade 18, since no other Administrative Assistant assumes the duties of their department heads. He suggested creating the Deputy City Clerk position at a Grade 18 for advancing to once the CMC is obtained. Mayor Wolfson pointed out that Commissioner Waters' previous motion that was not seconded would have done that. '"~ Motion: To amend the motion to include, "In addition, create a position called "Deputy City Clerk" at a Grade 18 to which the "Administrative Assistant" would automatically advance/promote to upon receiving the_Certified Municipal Clerk (CMC) status. Moved by Waters, seconded by Borno Mayor Wolfson asked what would happen to the Administrative Assistant to the City Clerk if he/she received the CMC and if the Deputy City Clerk position did not exist. Ms. Bussey replied that no extra pay would be given. Votes: Aye: 3 -Borno, Waters, Wolfson Nay: 2- Fletcher, Simmons MOTION CARRIED Amended Motion: To approve the reclassification of he "Secretary" position from a Grade 15 to a Grade 17, change the title to "Administrative Assistant to the City Clerk" and place into the pay scale using normal city procedures. In addition, create a position called "Deputy City Clerk" at a Grade 18 to which the "Administrative Assistant" would automatically advance/promote to upon receiving the Certified Municipal Clerk (CMC) status. Moved by Waters, seconded by Borno Commissioner Simmons asked for clarification whether the Administrative Assistant at ,~ a Grade 17 will assume duties of the City Clerk during her absence. Ms. Bussey clarified that was correct. Commissioner Simmons pointed out that she thought someone understood it differently and thus was considering the Grade 18. .,, Commissioner Borno believed that in order for the Administrative Assistant to act as City Clerk, they must be Certified which would mean the title of a Deputy City Clerk. ~• August 28, 2006 REGULAR COMMISSION MEETING Page 13 Ms. Bussey confirmed that a CMC is not required to perform City Clerk duties and pointed out that she will have her CMC effective November 1, 2006 which is the first month following her two year membership requirement. Commissioner Fletcher indicated he was in favor of splitting the motions to get the immediate issue of the Administrative Assistant position approved and advertised and explained that is why he voted against amending the motion. He believes tremendous ~. pressure is being placed on the City Clerk's Office as well as other departments and recognizes the need to advertise the position. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 ~. MOTION CARRIED *^ City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson indicated that he would hold his reports for another time. 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 (Mayor) Commissioner Waters explained that the Board Member Review Committee met and interviewed applicants for the Code Enforcement Board and that some of those applicants are also being considered for the Community Development Board. He ~"' reported that the consensus was to recommend appointing Juliette Hagist to fill the current alternate member vacancy. He also reported the consensus to recommend Ray Martin to fill the alternate member vacancy, if another vacancy occurs in the near °"' future and Juliette Hagist moves up to fill the regular member vacancy. Motion: To appoint Juliette Hagist as an alternate member to the Code ~"" Enforcement Board to fill the current vacancy, to appoint Ray Martin to fill the next future vacancy of the Code Enforcement Board as an alternate member and Juliette Hagist would move up to serve as a regular member . ~. Moved by Wolfson, seconded by Borno Commissioner Fletcher mentioned that, based on comments during the Neighborhood Chat, he is working with the City Manager regarding rental issues. Mayor Wolfson thanked him for taking on the issue. ~. Aueust 28, 2006 REG_ ULAR COMMISSION MEETING Page 14 •~ Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED B. Report on the Proposed Lot Subdivision Ordinance (City Attorney) City Attorney Alan Jensen referred to his Memorandum dated August 17, 2006 in the •. agenda packet. He recommended that the Lot Subdivision Ordinance be placed on the agenda for action one way or the other. Mayor Wolfson agreed that the Commission should move forward with this and remove the moratorium. Motion• To discontinue consideration of any change to the present ordinance on lot subdivision and put on the next agenda a resolution which would rescind the moratorium on lot subdivision. "'~ Moved by Borno, seconded by Simmons Commissioner Borno believed the Commission should not get involved with this issue and explained his reasons for keeping the current system. Commissioner Simmons agreed with the Commissioner Borno and added that it divides '"" the community on the issue unnecessarily. She expressed her interest in preserving lots but noted that nothing has been provided that would hold up in court and therefore enough time has been spent on it. Commissioner Fletcher asked the City Attorney if this drafted ordinance could be changed to still allow the process to go to the Community Development Board and not '" have the same legal concerns. City Attorney Jensen explained the area of concern would be on the first page, paragraph (a) (6). Commissioner Fletcher expressed his opposition to the motion and would recommend amending the ordinance by deleting paragraph (a) (6). He believed the process should go through the Community Development Board to provide additional checks and balances and to give people the right to go before their fellow citizens. Commissioner Waters hoped for an ordinance that the City Attorney and Marcia Tjoflat .~ could live with that would put the process through the Community Development Board and would address residential platted neighbors being prevented from subdividing lots within those neighborhoods. He spoke in opposition of the motion. Mayor Wolfson noted the time spent researching the issue and the findings from both attorneys. .,~ Further discussion ensued clarifying issues and advice from counsel. August 28 2006 REGULAR COMMISSION MEETING Pase 15 Votes: Aye: 3 -Borno, Simmons, Wolfson Nay: 2- Fletcher, Waters MOTION CARRIED Commissioner Borno - Reference Mr. Drysdale's issue and expressed the need for the city to work out ~. the problems. Commissioner Simmons - Agreed with Commissioner Borno and added that the city is in need of a regular full-time Building Official. Mayor Wolfson asked Mr. Hanson to report on the status of hiring a Building Official. Mr. Hanson reported the recent ~"' history and status of the efforts and explained the reason the current building official is being contracted for three days a week. He expressed that he is not in favor of allowing people to use outside inspectors for permits. - Urged the Commission to review the FDOT document that was given to each of them which is a traffic impact analysis pertaining to the proposed Walmart in Neptune Beach. Commissioner Fletcher - Expressed he is truly honored to serve. Commissioner Waters - Shared his opinion that many people spoke tonight and it went rather well. He '~" commented that the citizens in Atlantic Beach are an extremely mature crowd. - Reported that he attended the Big Brother and Big Sisters breakfast meeting last week and they are looking for mentors. He expressed wanting to encourage ~. people to sign up for mentoring children since he believes mentoring makes a big difference in a child's life. Mayor Wolfson - Reminded the Commission the final Budget Workshop is scheduled for ~ Wednesday, August 30th at 5:00 pm. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 12:31 am. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk