Draft Min 9-11-06 v
MINUTES
REGULAR CITY COMMISSION MEETING
September 11, 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 Commissioner Fletcher.
~. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on August 28,
2006
~"' Commissioner Borno noted there were three (3) typographical errors, one which was
caught by the City Clerk. On page 4, "who's" should be "whose". On page 9, last
paragraph, "scoring" should be "storing". On page 12, first paragraph, last sentence
'""' add "been" between the words "not" and "provided".
Mayor Wolfson advised he had given a number of corrections to the City Clerk prior to
the meeting. She was asked to incorporate the changes into the minutes.
Motion: To approve the minutes of the Regular Commission Meeting on August
~' 28, 2006 as corrected.
Moved by Borno, seconded by Waters
"~" Votes: LL
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.
Commissioner Waters spoke regarding the Beaches Resource Center's fund raising
programs. He explained their importance and urged participation in the fund raising.
~„ He advised cookbooks are being sold for ten dollars ($10) and a luau will be held this
coming weekend at the Lemon Bar in Neptune Beach at a cost of forty dollars ($40) per
couple or twenty-five dollars ($25) for individuals. Commissioner Waters offered
~,. anyone who would like more information to call him, BEAM or the Beaches Resource
Center.
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September 11, 2006 REGULAR COMMISSION MEETING Pale 2
~.
Mayor Wolfson acknowledged Councilman Art Graham and Former Mayor Bill
Gulliford who were in the audience.
Pat Pillmore, 995 Camelia Street, spoke regarding pavers. She explained many
pools and pavers are being installed in her neighborhood and believes the pavers are not
working like they should. She requested the city experiment with different types of
pavers.
~. Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting A. City Manager's Follow-up Report
City Manager Jim Hanson indicated his report will be given during Item 9A.
,~. Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of New Occupational Licenses issued in August
2006 (City Manager)
~„ B. Extend the contract for Orthophosphate for one additional year to
Calciquest, Inc. (Bid No. 0304-24) at the current contract prices (City
Manager)
~. C. Extend the welding contract for one additional year to Ace Fabrications,
LLC (Bid No. 0405-22) at the current contract prices (City Manager)
Motion• To approve Consent Agenda Items 4A , 4B and 4C as presented.
Moved by Borno,~seconded by Waters
No discussion.
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 N0.06-12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
RESCINDING RESOLUTION NO. OS-14, THE RESOLUTION IMPOSING A
~"" MORATORIUM ON DIVISIONS OF LAND, AND PROVIDING AN EFFECTIVE
DATE
Mayor Wolfson read the Resolution by title only.
Motion• To approve Resolution No. 06-12 as written.
Moved by Borno, seconded by Waters
~.
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~„ September 11, 2006 REGULAR COMMISSION MEETING PaEe 3
No discussion.
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, Final Reading and Public Hearing
~. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, 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 read the ordinance by title only. He opened the public hearing. Mayor
Wolfson explained the process for citizens to speak during the Public Hearing.
The following citizens spoke during the public hearing on Ordinance No 90-06-195•
~" Bryan Barker, 1225 Selva Marina Circle, spoke in opposition
Lyndley Tolbert, 465 Beach Avenue, spoke in opposition
Bob Harris, 892 Ocean Boulevard, spoke in opposition
~' Ian Sean McAfee, 824 Sherry Drive, spoke in opposition
Mary Ellen Waugh, 1710 Beach Avenue, spoke in opposition
Joan Carver, 46 Fifteenth Street, spoke in favor
'~ Stephen A. Kuti, 1132 Linkside Drive, spoke in opposition
R.D. de Carle, 51 Beach Avenue, spoke in opposition
David Harvey, 1667 Park Terrace East, spoke in favor
~" Pat Pillmore, 995 Camelia Street, spoke in favor
Joan Sapia, 1655 Selva Marina Drive, spoke in opposition
Kirk Hansen, 7393 Ocean Breeze Court, spoke in opposition
Judy Sheklin, 1985 Brista De Mar, spoke in favor
Trevor Parker, 1959 Brista De Mar Circle, spoke in favor
~, Stephen Fouraker, 387 Sixth Street, spoke in favor
Keith Pecoraro, 377 Eighth Street, spoke in favor
Gabrielle Polytinsky, 158 Sixteenth Street, spoke in favor
~, Bob Castro, 412 Ocean Boulevard, spoke in opposition
Richard Bell, 1952 Beachside Court, spoke in favor
Peggy Nolan, 879 East Coast Drive, spoke in favor
,,., Althea Lachicotte, 335 Garden Lane, spoke in favor
Lizzie Byrnes, 391 Eighth Street, spoke in opposition
Diana Witherspoon, 679 Ocean Boulevard, spoke in opposition
,. Susan Snead, 261 Beach Avenue, spoke in opposition
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~„ September 11, 2006 REGULAR COMMISSION MEETING Page 4
Harley Parkes, 1838 Seminole Road, spoke in opposition
Bonnie Hansen, 2393 Ocean Breeze Court, spoke in opposition
Lee Hutchins, 70 Ocean Breeze, spoke in opposition
Lynette Tyson, 110 Eighth Street, spoke in opposition
~„ Former Mayor Bill Gulliford, 75 Beach Avenue, spoke in opposition
Renee Beltrame, 1830 Seminole Road, spoke in opposition
Donna Bagby, 1817 Selva Grande Drive, spoke in opposition
~„ Steven Bagby, 1817 Selva Grande Drive, spoke in opposition
Rick Beaver, 319 Twelfth Street, spoke in opposition
Brian Sexton, 311 Ninth Street, spoke in opposition
+.~ Roger Lowe, 137 Tenth Street, spoke in opposition
Jolyn Johnson, 2322 Beachcomber Trail, spoke in favor
George Mayforth, 10 Tenth Street, spoke in opposition
•^ Janice Gilpin, 680 Palm Avenue, spoke in opposition
Jane Wytzka, 352 Second Street, spoke in favor
Richard Reichler, 2025 Beach Avenue, spoke in favor
Joan McLoud, 176 Magnolia Street, spoke in opposition
Caroline Shepherd, 362 Plaza, spoke in opposition
Rick Stockton, 1565 Beach Avenue, spoke in opposition
Scott Parks, 826 Ocean Boulevard, spoke in opposition
Cindy Corey, 394 Eighth Street, undecided
Sandy Parkes, 1838 Seminole Road, spoke in opposition
~"" Jim Smith, 1958 Beachside Court, spoke in opposition
There being no other speakers, Mayor Wolfson closed the Public Hearing and called a
ten minute recess at 9:10 pm.
Mayor Wolfson called the meeting back to order at 9:20 pm.
Motion: To move Ordinance No. 90-06-195 to Referendum.
Moved by Commissioner Borno
Motion died due to lack of a second.
Motion: To adopt Ordinance No. 90-06-195 as read.
Moved by Fletcher, seconded by Simmons
Commissioner Borno stated he is in favor of protecting Community Character but is
against the proposed ordinance as it is written because of it having a Floor Area Ratio
~ (FAR). He believed the current code with some of the other concepts from the
proposed ordinance, such as the Wall Plate Height and Side Wall, would more than
adequately control bulk and mass for the future. He believed a FAR to be too
~„ restrictive.
Mayor Wolfson referred to the Summary of Proposed Ordinance 90-06-195 which was
,. presented on the overhead. A copy of this document is attached and made part of this
official record as Attachment A. He indicated he is opposed to the size .54 FAR. He
explained that, at the beginning, he did not understand the FAR concept but after
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,,. September 11, 2006 REGULAR COMMISSION MEETING PaEe 5
realizing it is merely a form of measuring size and many communities are using it, he
became comfortable with the concept of a FAR as a guide.
Mayor Wolfson then referred to the Range of Alternative Proposed for Community
~, Character Zoning Standards as of September 7, 2006 which was presented on the
overhead. A copy of this document is attached and made part of this official record as
Attachment B. He explained the history of the various proposals. He reiterated his
~, desire to increase the FAR to .60.
Motion: To amend the Ordinance from a .54 FAR to a .60 FAR
Moved by Wolfson, seconded by Waters
Mayor Wolfson explained the reasons for wanting the .60 FAR and compared his
proposal to the regulations allowed in Beverly Hills. He urged the Commission to
reconsider the .60 FAR.
~» Commissioner Waters believed if the FAR was increased, the other factors should be
considered for changes. He pointed out the exceptions such as the 500 square foot
garages and allowances to the setbacks that would need to be dealt with.
Commissioner Borno thanked the Mayor for offering an alternative but still disagreed
with using a FAR.
Commissioner Fletcher expressed he agreed with Commissioner Waters. He stated that
the consultant had warned the Commission of the regulations being a packaged deal
and that they affect each other.
Votes:
~" Aye: 2 -Waters, Wolfson
Nay: 3- Borno, Fletcher, Simmons
MOTION FAILED
Motion: To adopt Ordinance No. 90-06-195 as read.
Moved by Fletcher, seconded by Simmons
Mayor Wolfson called for a Roll Call.
Roll Call Vote:
Waters Aye
Borno Nay
Fletcher Aye
Simmons Aye
Wolfson Aye
Votes: 4-1
~. MOTION CARRIED
~.
,,~„ September 11, 2006 REGULAR COMMISSION MEETING Page 6
B. ORDINANCE NO. 20-06-80, 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
Mayor Wolfson read the ordinance by title only.
Motion: To amend Ordinance No. 20-06-80 to increase the expenditures from the
General Fund by an additional $7,000 to allow staff to continue the additional
permit reviews that would be necessary through the end of the fiscal year
Moved by Borno, seconded by Waters
Commissioner Borno withdrew his motion, Commissioner Waters withdrew his
second.
Motion: To approve Ordinance No. ZO-06-80 as submitted.
Moved by Borno, seconded by Waters
Mayor Wolfson opened the floor to a public hearing. No one from the audience spoke.
Mayor Wolfson closed the public hearing.
~"" City Manager Jim Hanson requested an extra $7,000 be added to the budget
amendment to pay for the additional hours for the Building Official and to hold a
workshop as described in his written report on Item 9A.
~.
Motion: To amend Ordinance No. 20-06-80 for the expenses to the Building
Department by increasing it by $7,000 to be a total of $20,200
~" Moved by Borno, seconded by Waters
Commissioner Waters expressed he did not want this to take place of hiring a full-time
Building Official as soon as possible.
Votes:
~.
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
~„ MOTION CARRIED
Motion: To approve the amended Ordinance No. 20-06-80
Moved by Borno, seconded by Waters
Votes:
~. Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
~.
~, September 11, 2006 REGULAR COMMISSION MEETING Page 7
C. ORDINANCE NO. 80-06-73, Introduction and First Reading
,~ AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION
22-27 CHARGES FOR WATER SERVICE, TO INCREASE THE WATER BASE
AND VOLUME CHARGES FOR RESIDENTIAL, IRREGATION AND
~, COMMERCIAL CUSTOMERS: AMENDING ARTICLE III WASTEWATER
SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION
22-166 MONTHLY WASTEWATER BASE FACILITY CHARGES TO INCREASE
RESIDENTIAL AND COMMERCIAL BASE CHARGE RATES; AND AMENDING
SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO
INCREASE THE RATES FOR WASTEWATER VOLUME CHARGES FOR
RESIDENTIAL AND COMMERCIAL CUSTOMERS
Mayor Wolfson read the ordinance by title only.
Motion to Approve Ordinance No. 80-06-73 on first reading
Moved by Waters, seconded by Borno
Commissioner Borno indicated the increases are necessary to pay for the cost of what it
takes to do business in these different departments.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
"" Nay: 0
MOTION CARRIED
'" D. Public Hearings on adopting a Tentative Millage Rate and adopting
Ordinance No. 20-06-81 establishing the Operating Budget for Fiscal Year
2006/2007
"' AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2006 AND ENDING SEPTEMBER 30, 2007
Mayor Wolfson read the ordinance by title only then he explained the two items to be
considered.
Motion: To adopt a tentative millage rate for operatinE purposes of 2 9974
Moved by Borno, seconded by Simmons
Mayor Wolfson opened the floor to a public hearing. No one from the audience spoke.
Mayor Wolfson closed the public hearing.
Commissioner Simmons pointed out this millage rate is the same as last year and the
~, City of Atlantic Beach has the lowest millage rate of any of the five incorporated
communities in Duval County.
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September 11, 2006 REGULAR COMMISSION MEETING Page 8
~.
Votes:
~.
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
~.
Motion: To Adopt Ordinance No. 20-06-81 establishing the Ogeratin~ Budget for
Fiscal Year 2006/2007 on first readinE.
Moved by Simmons, seconded by Borno
Mayor Wolfson opened the floor to a public hearing. No one from the audience spoke.
Mayor Wolfson closed the public hearing.
Commissioner Waters commented the budget is conservative.
Commissioner Borno thanked Finance Director Nelson Van Liere and City Manager
~. Hanson as well as, staff for their hard work on presenting a great budget. Mayor
Wolfson concurred and added that the information provided was very helpful.
9• Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
~* MOTION CARRIED
E. Ordinance No. 45-06-18, Introduction and First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, ARTICLE III,
OCCUPATIONAL LICENSE TAX, AMENDING THE TERM LOCAL
"' OCCUPATIONAL LICENSE TAX TO LOCAL BUSINESS TAX; AMENDING
SECTION 20-51, DEFINITIONS, TO CHANGE THE TERM FOR LOCAL
OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX AND TO ADD A
'"""' DEFINITION FOR RECEIPT AS IT RELATES f0 BUSINESS TAXES;
AMENDING SECTION 20-59, SCHEDULE OF FEES; AMENDING PROVISIONS
IN ARTICLE IV. INSURANCE PREMUM TAXES, SECTIONS 20-76 THROUGH
"' 20-78, TO CONFORM TO THIS NEW TERMINOLOGY; PROVIDING AN
EFFECTIVE DATE
Mayor Wolfson read the ordinance by title only.
Motion: To approve Ordinance No. 45-06-18 as read
Moved by Borno, seconded by Simmons
Commissioner Borno explained a lot of effort went into writing the Ordinance and even
though it was forced by legislation to change the terminology it was also an opportunity
to increase the fees by five percent. He commended staff for preparing it in a timely
manner despite the workload.
~..
Commissioner Waters inquired why the term Occupational License needed to be
~„ changed to Business Tax. City Manager Hanson explained by calling it an
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September 11 2006 REGULAR COMMISSION MEETING Page 9
occupational license it appeared to some as verifying legitimacy to state licensing, but
the real purpose of it is to simply collect the tax from the businesses operating within
~. the city.
Votes:
~. Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0-
MOTION CARRIED
~.
~„ Miscellaneous Business 8. Miscellaneous Business
None
~. City Manager 9. City Manager
A. City Manager's Report
City Manager Jim Hanson referred the Commission to his written report, which is
attached and made part of this official record as Attachment C. His report discussed
Mayport Road Medians, Hosting African Leaders, and Building Official. He explained
the Hosting of the African Leaders has now been set for Tuesday, September 26, 2006.
Mayor Wolfson explained he would not be available and asked Commissioner Waters
to attend on his behalf. Commissioner Borno offered to attend if needed. Mayor
Wolfson invited them both.
City Manager Hanson thanked the Commission for putting more money in the budget
to fund his request.
~* Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Fletcher
- Expressed he is truly honored to serve.
Commissioner Waters
- Announced that a Florida Local Government and Environmental Non-Profit
Land Acquisition Summit will be held October 9, 2006 in Ponte Vedra. He
urged the Commission to attend.
~"" - Referred to a letter written by a citizen on Rose Street to Commissioner Fletcher
regarding rental properties and asked if the issue had been taken care of.
Commissioner Fletcher advised he and the City Manager discussed the issue
"" and are working with the neighborhood on the topic.
- Expressed concern over not letting the Community Development Board
supervise the subdivision of lots. He expressed the need for public hearings.
Mayor Wolfson
- Reported he would be in Tallahassee on Friday, September 15, 2006. He
intends to make a presentation to assist in getting the points raised so the City
will qualify for state funds to pay for 75% of the purchase of the Buckman
Trust.
~„ September 11 2006 REGULAR COMMISSION MEETING Page 10
,~„ Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:23 pm.
~,.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
,~. City Clerk
~.
~,.
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