Draft Min 9-25-06 vw.
~.
Attendance
Call to Order/Pledge
!~* Approval of Minutzs
MINUTES
REGULAR CITY COMMISSION MEETING
September 25, 2006
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Donald Wolfson
Mayor Pro Tem J. Dezmond Waters III
Commissioner Mike Borno
Commissioner Sylvia N. Simmons
Commissioner Jamie Fletcher
City Manager Jim Hanson
City Clerk Donna L. Bussey
City Attorney Alan C. Jensen
Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to
the Flag followed the Invocation, given by Commissioner Waters.
1. Approval of the minutes of the Regular Commission Meeting on S~pten.~er
11, 2006
Motion: To approve the minutes of the Regular Commission Meeting on
September 11, 2006 as presented.
Moved by Borno, seconded by Simmons
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.
Pat Pillmore, 995 Camelia Street, spoke regarding West 9~' Street often being blocked
by work trucks and vans parked on the street, the Beautification Project in Marsh Oaks,
the speed limits in Atlantic Beach, and the lack of pedestrian signage and bike paths.
~.
R.D. de Carle, 51 Beach Avenue, suggested changing line two of the initial
requirement statement to read "...over 25% in size..." instead of"...add 25% or more
~„ in size...". Mr. de Carle clarified that the phone poll was not being done by the Save
Atlantic Beach group unlike the post cards which were.
,~„ Stephen Kuti, 1132 Linkside Drive, addressed the Town Center Overlay Project. He
advised the height limits at Town Center in Atlantic Beach is 24' and Neptune Beach is
35' and suggested the more restrictive height limit of 24' be applied to Town Center
~„ planning. Mr. Kuti spoke regarding the Mayport Road Medians designed to include
trees which will widen the median and reduce the size of the inside lane. He expressed
concern that the trucks with trailers in the turn lane will be forced to ride on the median.
~. He asked the Commission to get a professional opinion on the issue.
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~,,, September 25.2006 REGiTLAR COMMISSION MEETING Page 2
Mayor Wolfson clarified that Atlantic Beach has a 25' limit instead of 24'.
Douglas Speed Jr., 1207 Seminole Road, commented on the old Famous Amos
~„ building on Atlantic Boulevard. He thanked the Commission for the quick response to
concerns about sidewalks in the Selva Marina area. Mr. Speed noted the corner at
Seminole Road and Selva Marina Drive still has a curb and should be marked more
~, clearly. Mr. Speed asked the Commission not to open the gate at the end of Selva
Marina Drive and Fleet Landing except to allow emergency vehicles.
~,, Sally Clemens, 1638 Park Terrace W., questioned the city's involvement in the recent
telephone survey regarding the community development standards and expressed
concern that tax dollars were being spent on it.
Mayor Wolfson and City Manager Hanson both confirmed the city has no knowledge
of the organization behind the telephone poll and, also, is not paying for the survey.
Jack Robbins, 1435 Linkside Drive, President of the Selva Linkside Association,
thanked the Commission for their hard work and dedication to the City. He expressed
concern regarding plans to develop around the Selva Marina golf course and expressed
opposition to allowing access into the Selva Linkside community.
A. Presentation of the Proposed Town Center Overlay District by Niall Fallon
Niall Fallon explained that he would be presenting the Town Center Overlay and hoped
for concurrence to move it forward through the proper city channels. He explained the
organized effort of Atlantic Beach, Neptune Beach and the Town Center Agency to
protect the integrity of Town Center through substantial improvements to hadscape
~"' and landscape.
Mr. Fallon explained the purpose of the project was to propose changes to zoning. He
"'' referenced six letters of support that were received back from business owners in the
Town Center District.
~"' Michael Dunlap gave a slide show presentation using the overhead. Photographs of
different areas in Town Center were displayed with before and after comparisons. He
presented the overlay outline addressing setbacks, height, use, lot coverage, lot area,
~" landscape guide, parking and signage.
After the presentation, he advised the next step would be to move it to the Community
Development Board for comments and coordinate with the City of Neptune Beach.
Mr. Fallon and Mr. Dunlap answered questions from the Commission.
Mayor Wolfson thanked the gentlemen for their presentation and indicated that Town
Center is a huge asset to both city communities. He explained the Commission should
discuss the proposal during Strategic Planning in order to understand the concept and
prioritize before sending it to the Community Development Board for comments.
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,~. September 25, 2006 REGULAR COMMISSION MEETING Page 3
Mayor Wolfson requested feedback regarding Neptune Beach's position on the Overlay
once the presentation has been made to them.
Unfinished Business 3. Unfinished Business from Previous Meeting
~ from Previous Meeting A. City Manager's Follow-up Report
City Manager Jim Hanson indicated he had no report.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Monthly Public Works and Public Utility
Departments, Utility Sales and Financial Report (City Manager)
B. Waive the $10,000 bid requirement and approve aone-time purchase order for
palm trimming to All State Tree & Turf for $11,540.00 (City Manager)
C. Extend the annual contract for Lawn Maintenance of City Parks for one
additional year to Cuyler's Lawn Service at the contract price (Bid No. 0304-2-
re-bid) (City Manager)
D. Extend the contract for Concrete Repairs for the Public Works/LTtilities
Department with Gruhn May, Inc. for one year at the current prices (City
Manager)
E. Extend the contract for Beach Cleaning for one additional year to
Beachcombers at the current price (Bid No. 0304-23) (City Manager)
F. Effective October 1, 2006, adjust the pay of the City Clerk using the
classification as provided by the consultant (Springsted) using the same
procedures and pay increases as provided to all other City non-union Grade 22
employees (City Manager)
G. Approve the Loca1630, Blue Collar, union contract for the period October 1,
2006 through September 30, 2009 (City Manager)
H. Approve the Loca1630 White Collar union contract for the period October 1,
2006 through September 30, 2009 (City Manager)
I. Approve the Police union contract for the period of October 1, 2006 through
September 30, 2007 (City Manager)
Mayor Wolfson read the Consent Agenda. Commissioner Fletcher left the meeting
while the Consent Agenda was being read.
Commissioner Borno asked that Item 4B, 4G, 4H and 4I be pulled from the Consent
Agenda for discussion.
Motion: To approve Consent Agenda as presented with the exception of Items 4B ,
4G , 4H and 4I.
Moved by Simmons, seconded by Borno
Votes:
Aye: 4 - Borno, Simmons, Waters, Wolfson
,~„ Nay: 0
MOTION CARRIED
(Commissioner Fletcher was absent for the vote.)
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~. September 25, 2006 REGULAR COMMISSION MEETING Page 4
Commissioner Borno addressed Item 4B explaining that separate action maybe
~„ required because of the waiving of the 10,000 bid requirement. City Attorney Jensen
explained that the Commission would need to determine either an urgency or an
emergency to the issue in order to waive the bid requirements.
Discussion ensued and during discussion Commissioner Fletcher entered the meeting.
Commissioner Borno explained the urgency as referenced in the staffreport.
Motion: Aparove waiving the $10.000 bid requirement and approve a one time
purchase order for trimming to All State Tree & Turf for $11,540 00 with a 3 and
~.- 9 proper pruning.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
+~ Nay: 0
MOTION CARRIED
Commissioner Borno indicated he had pulled Items 4G, 4H and 4I in order to
congratulate and thank staff and the negotiator for their hard work and for completing
the process in time for the effective date of October 1, 2006.
Motion: To approve Consent Agenda Items 4G , 4H and 4I collectively
Moved by Borno, seconded by Waters
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 N0.06-11, Public Hearing and Final Reading on adopting
a Tentative Millage Rate
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
LEVYING THE AD VALOREM PROPERTY TAX MILEAGE RATE FOR
MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE
CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND
ENDING SEPTEMBER 30, 2007; STATING THE PERCENTAGE BY
WHICH THE MILEAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK
RATE; AND, PROVIDING AN EFFECTIVE DATE
Mayor Wolfson opened the floor to a public hearing. No one from the audience spoke.
Mayor Wolfson closed the public hearing.
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September 25, 2006 REGiJLAR COMMISSION MEETING Page 5
Mayor Wolfson read the Resolution by title. He explained the first item to be
considered is the adoption of Millage Rate, Resolution No. 06-11. He stated the
Tentative Millage Rate is 2.9974, the Roll-Back Rate is 2.7213, the Tentative Millage
Rate is 10.15% higher than the Roll-Back Rate, and the purpose for the increase in ad
valorem tax revenue is to maintain adequate funding for the existing level of service at
anticipated increased cost.
Motion: Adopt a Millage Rate of 2 9974 Resolution No 06-11. for operating
purposes.
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.
Commissioner Waters asked for an explanation of Millage Rate and Roll-Back Rate.
Finance Director Van Liere explained both.
Commissioner Simmons pointed out the City of Atlantic Beach has the lowest millage
~' rate of any of the five incorporated communities in Duval County and the city only gets
back 17% of what is paid in.
~" Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
~'" MOTION CARRIED
~" Action on Ordinances 7. Action on Ordinances
A. Public Hearing and Final Reading on 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 explained the second item to be considered is Ordinance No. 20-06-81
establishing the Operating Budget for fiscal year 2006/2007 of $26,059,756.
Motion: Adopt Ordinance No. 20-06-81 establishing the Operating Budget for
fiscal _year 2006/2007.
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.
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~. September 25, 2006 REGULAR COn'IA'IISSION MEETING Page 6
Commissioner Borno explained the proposed budget process by advising that three
~„ budget workshops were held and adjustments were made from the original proposal.
He believed Staff and the Commission worked diligently and did a good job this year.
~„ Commissioner Waters advised the Commission that Former Commissioner Paul
Parsons contacted him to request an additional $10,000 be placed in the budget for Art.
He explained Mr. Parsons believes additional money would enhance his negotiations
,~., with other entities and would be appreciated.
Commissioner Borno believed the budget should be approved as presented and if the
~. Commission decided to consider additional amendments to the budget, it could be done
at a later time.
**~ Commissioner Simmons reminded everyone that the item was already discussed during
a budget workshop. Mayor Wolfson agreed and indicated the Commission decided, at
the budget workshop, not to increase it.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 80-06-73, Public Hearing and Final 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,
IRRIGATION 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. He opened the floor to a public
hearing. No one from the audience spoke. Mayor Wolfson closed the public hearing.
Motion: Approve Ordinance No. 80-06-73 as read
Moved by Borno, seconded by Waters
Commissioner Borno pointed out the ordinance increases the base rate by three percent
~„ (3%). He explained the rates are behind by about eleven percent (11%) or twelve
percent (12%) which makes it necessary to adjust incrementally in the next few years in
order to bring it up to a stable condition and not supplementing it from other funds.
~.
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~., September 25, 2006 REGULAR COMMISSION MEETING Page 7
Votes:
~„ Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
C. Ordinance No. 45-06-18, Public Hearing and Final 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 TO
BUSINESS TAXES; AMENDING SECTION 20-59, SCHEDULE OF FEES;
AMENDING PROVISIONS IN ARTICLE IV. INSURANCE PREMUM
TAXES, SECTIONS 20-76 THROUGH 2O-78, TO CONFORM TO THIS
NEW TERMINOLOGY; PROVIDING AN EFFECTIVE DATE
Mayor Wolfson read the ordinance by title only and opened the public hearing. No one
from the audience spoke. Mayor Wolfson closed the public hearing.
Motion: Aaprove Ordinance No. 45-06-18 with two modifications, change the
""" effective date to January 1, 2007 instead of October 1.2006 and the solicitation
door-to-door fee remain at $35.00 with no increase made to it.
Moved by Borno, seconded by Simmons
Votes:
'" Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Before addressing Miscellaneous Business Items, Mayor Wolfson made a motion.
Motion: To Reconsider Ordinance No. 90-06-195
Moved by Wolfson, seconded by Borno
Mayor Wolfson explained that he had asked the City Attorney if it would be
permissible for him to do this by Robert's Rules. He reported that he was on the
prevailing side on the Ordinance but not on the prevailing side on the amendment. He
„~, asked that the City Attorney correct him if he is wrong. Mayor Wolfson expressed his
desire to make a reconsideration of the FAR from .54 to .60. Commissioner Borno
asked if that was a motion. Mayor Wolfson explained he had a motion for discussion
,,,, and that he is asking for reconsideration for that part of the ordinance. Commissioner
Simmons believed that a reconsideration can not be done. Mayor Wolfson asked for
clarification. Commissioner Simmons explained that if a vote on a motion is not
,~, reconsidered on the day the vote was taken or on the next succeeding day, the vote
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,~„ September 25, 2006 REGULAR COMMISSION MEETING Page 8
cannot be reconsidered at the next meeting. She read from Robert's Rules which stated
when a permanent organization has weekly or monthly meetings, and when usually
only a small percentage of the members are present, it seems best to permit a
reconsideration to hold over to another meeting so that a larger portion of the group
will be aware of what actions is taken. She pointed out the Commission meets twice a
month but that all of the members were present at the last meeting, for all the public
hearings, for all the Commissioner comments and for the votes on the Ordinance.
Commissioner Fletcher indicated that was also his understanding.
City Attorney Jensen advised in Section 2-19 of the City Code states, rules governing
,,. the conduct of the City Commission business, Rules of Conduct and Procedure of
Meetings, Rule 20., after the decision of any question, it shall be in order only for a
member voting on the prevailing side to move a reconsideration at the same or next
~. regular meeting.
Commissioner Simmons asked for the meaning of "after some question". City
~• Attorney Jensen explained voting the question. He reported that Mayor Wolfson Noted
in favor of the Ordinance which contained the .54 FAR. Mayor Wolfson asked if
Commissioner Simmons understood that explanation, then asked Commissioner
~ Fletcher the same. Commissioner Simmons answered yes. Commissioner Fletcher
answered yes, but raised an objection to consideration of the question which has no
debate (referred to Robert's Rules) requiring an immediate vote. Mayor Wolfson
believed that to not be valid. Commissioner Fletcher asked for guidance from the City
Attorney regarding the objection to consideration of the question, requiring no debate,
and requiring atwo-thirds vote. City Attorney Jensen asked to clarify consideration of
~"" what question. Commissioner Fletcher explained the Mayor's question of
reconsideration. Mr. Jensen advised the Mayor has a motion and a second on the floor.
Commissioner Fletcher indicated he did not hear a motion or a second. Mayor
"' Wolfson reported he had motioned to reconsider and Commissioner Borno seconded it.
Commissioner Fletcher expressed his desire to move to postpone indefinitely. He
'""' asked the City Attorney whether it would require a debate or an immediate vote. Mr.
Jensen and Commissioner Simmons both referred to a list and found Commissioner
Fletcher's motion to postpone indefinitely as a debatable motion. Commissioner
''"" Simmons explained there is a motion on the floor and a second to reconsider, but then
another motion would be needed. Before she was able to finish, Commissioner
Fletcher indicated that he has a motion on the floor to postpone indefinitely. Mayor
~` Wolfson asked what he is postponing indefinitely. Commissioner Fletcher answered
this reconsideration which requires a second, a debate and a vote.
Motion: To postpone the reconsideration indefinitely
Moved by Fletcher, seconded by Simmons
Mayor Wolfson moved the motion to a discussion.
Mr. Jensen raised a point of order indicating that he is not sure if that motion takes
precedence over the original motion that was made. Commissioner Borno agreed. Mr.
~,,, Jensen recommended that the Commission act on the motion for reconsideration.
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~,,, Seatember 25, 2006 REGULAR COMMISSION MEETING Page 9
He went on to explain voting up or down a motion for reconsideration is not changing
~„ anything, it just means that you are going ahead to reconsider it. Commissioner
Fletcher read from a book on Robert's Rules of Order, Subsidiary Motions- Number 1.
It stated, if an embarrassing main motion is brought before the assembly, a member can
~„ propose to get rid of this question without bringing it (meaning main motion) to a direct
vote by moving to postpone indefinitely. RONR, Tenth Edition, page 121-24. He
indicated it was a superseding motion. Mayor asked the City Attorney for his guidance.
Mr. Jensen indicated that the City's Ordinance does not address that. Mayor Wolfson
asked Commissioner Fletcher to reiterate his position. Commissioner Fletcher
~„ explained he is moving to postpone indefinitely the Mayor's motion and that it is a
subsidiary motion to dispose of a main motion. He stated, again, if an embarrassing
main motion has been brought before the assembly, a member can propose to get rid of
this question without bringing it (meaning main motion) to a direct vote by moving to
postpone indefinitely. Mayor Wolfson indicated they have a motion and a second and
it will require a vote. Commissioner Fletcher believed his motion will supercede the
~. - main motion made by the Mayor. Commissioner Fletcher apologized to the Mayor and
the Mayor explained no apologies are necessary that this is procedural and is not a
problem. Commissioner Borno asked if it was open for debate. Mayor Wolfson asked
~* if he was correct by accepting this as superseding the motion. Mr. Jensen indicated he
did not know. Mayor Wolfson believed Commissioner Fletcher's motion would need
to be debated. Commissioner Fletcher explained there was a motion and a second to
postpone indefinitely which requires debate and a vote. Commissioner Borno asked
whether everyone is following Robert's Rules or following the rules in the City
Ordinance of how we (the Commission) do business. Mayor Wolfson indicated his
""' Reconsideration Rule is in our ordinance and that should be used. He indicated an
option would be to waive Robert's Rules and follow the city ordinance.
~"' Commissioner Fletcher asked for point of order. He explained there was a motion on
the floor. Mayor Wolfson explained he was waiting for a response from the City
Attorney and asked Commissioner Fletcher to allow the City Attorney to respond.
'" Commissioner Fletcher said he felt a little highjacked. Mayor Wolfson said he is not
being highjacked at all. Commissioner Fletcher repeated he feels highjacked. Mayor
Wolfson explained there is no highjacking here. Mayor Wolfson explained how he felt
~" about it and now he is following his last recourse. He explained he has a right to make
a motion to reconsider which is the right and prerogative for any Commissioner.
Commissioner Waters added, who votes on the prevailing side. Mayor Wolfson
""~ reiterated that with a vote on the prevailing side that is the right of any Commissioner.
Commissioner Fletcher asked if he wants to open it for debate. Mayor Wolfson
indicated he wants to wait for Mr. Jensen's response first before moving forward.
~.
Mr. Jensen indicated the Commission would have to determine if the motion that
Mayor Wolfson made to reconsider is an embarrassing main motion according to the
Rules. Commissioner Fletcher offered clarification for why that quote appears
somewhat valid although the word is strong. He explained that two and a half to three
~„ years have been spent reviewing proposals and considerations, that a fair vote was
taken after much public discussion (difficult public discussion) and that the motion to
reconsider would bring up a lot more contention which no one wants.
,,., Seutember 25, 2006 REGULAR COMMISSION MEETING Page 10
Mayor Wolfson explained that the information he brought forward at the last meeting
regarding the .60 FAR was considered and was moved to a motion and was moved for
~.
discussion. He further explained that he put it on the overhead and there is an avenue
in a motion to reconsider if you bring information to the table late for discussion. He
~,,, advised that Mr. Jensen had the book and it is in Robert's Rules. He reiterated that it
was not meant to highjack but that said it was the last opportunity for any of the
Commissioners to think about it further and revisit before it's finalized.
Commissioner Fletcher responded, like any zoning law, they are fairly fluent and the
Commission could return to them after a period of time to make changes as needed. He
~„ indicated that he does not see this as a fixed FAR or a fixed ordinance. However, he felt
the Commission took two and a half years and one hundred thousand dollars to do it the
right way with due process, thorough information and a lot of public debate that was
difficult. He expressed his satisfaction with the process.
Mayor Wolfson indicated no one is questioning the process. He indicated this was the
final piece of the process.
Commissioner Fletcher expressed he would have preferred to hear about the Beverly
Hills idea earlier in the process.
Mayor Wolfson indicated the Beverly Hills idea did not come to his attention until it
was written in the article on August 27a', so there was no way for anyone to hear it
before then. He explained the point was not for the city to follow Beverly Hills, but for
them to understand that the same measurement was arrived at within 100 square feet
'"" using a different methodology.
Commissioner Simmons noted that the discussion is way off base. The Mayor agreed
and steered back to the debate.
Mr. Jensen reported, as he referred to standard descriptive characteristics in the
°"" Robert's Rules of Order, the motion to reconsider with respect to making the motion
takes precedence over any other motion whatsoever and yields to nothing.
Mayor Wolfson clarified Commissioner Fletcher's motion is not appropriate.
Mayor Wolfson restated his motion to reconsider and pointed out the part that he wants
to reconsider is change from the .54 FAR to .60 FAR.
Commissioner Simmons indicated that she was confused explaining that there is a
~.
motion to reconsider but does not think you can reconsider parts of it. She also
indicated that they should reconsider that motion and should vote yes or no. Then,
should have a motion to change the FAR which would have to be done by someone on
the prevailing side of that vote.
Mr. Jensen explained the Mayor was on the prevailing side of that vote and he voted to
~, approve the .54 FAR. Commissioner Simmons asked if the motion is to Reconsider the
entire ordinance. Mr. Jensen disagreed. He believed the motion was to Reconsider the
FAR, in that, the portion of the Ordinance pertaining to FAR.
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~.. Seatember 25, 2006 REGULAR COMMISSION MEETING Page 11
Commissioner Simmons asked if it could be done without an announced Public
a,,, Hearing and the Mayor confirmed that it could according to Robert's Rules.
Commissioner Simmons acknowledged it maybe Robert's Rules but asked if is was
part of our code. She further explained that the city code says in order to make a
change to an ordinance, you must have a public hearing and an ordinance is on the
books as of September 11~'.
~. Mr. Jensen suggested that if the Commission is going to vote to reconsider this part of
the ordinance, that they then schedule that on the next agenda. Also, if it is voted
down, it is dead tonight, if it is approved, he suggested that the Commission consider
~. any change to that ordinance at the next meeting.
Commissioner Fletcher responded to the initial request by the Mayor by moving to
~* appeal his decision to revisit this issue and asked Mr. Jensen for his guidance.
Commissioner Fletcher read from Robert's Rules of Order regarding appeals. Mr.
.Tensen asked what he exactly wants to appeal. Commissioner Fletcher said he wants to
~* appeal the Mayor's decision to bring this matter up and revisit the FAR. Mr. Jenser:
explained that was not a decision of the Chair, like being out of order or something like
that, but was just a motion that he has brought to the Commission.
Mayor Wolfson asked for clarification on whether his motion of reconsideration would
be for the entire Ordinance. Mr. Jensen indicated his understanding of the motion was
~"" to reconsider that part of the Ordinance that addressed the FAR. Mayor Wolfson
confirmed. Mr. Jensen suggested that, especially in light of the public interest, if that
motion is passed tonight, any proposed change in the FAR should be brought up at a
'"' future meeting by placing it on the agenda which makes it publicly noticed. He
explained that would help so the public doesn't think the Commission is doing
something they didn't know about. Mayor Wolfson stated he understood.
~.
Mr. Jensen reiterated that the Commission votes tonight on the motion to reconsider, if
that's approved, then they reconsider at the next meeting after public notice. If it is
~" voted down, then it is done with.
Mayor stated there is a motion on the floor to reconsider and asked if there is any other
discussion.
Commissioner Simmons asked the Mayor if he thought he caught the Commission off
guard tonight.
Mayor Wolfson reiterated that it is the privilege of a Commissioner and he is not trying
to catch anyone off guard. He further explained it to be an effort for reconsideration of
the FAR to go from .54 to .60 and that he brought information forward for evaluation.
~„ He explained that if the consensus is to not reconsider this then vote accordingly
tonight and if the motion fails, then there is nothing more that can be done and would
be over with. Mayor Wolfson expressed that he took offense to that and has not tried to
~„ catch anyone off guard about anything. He explained he has a right as a Commissioner,
to Robert's Rules, to make a motion as on the prevailing side to reconsider.
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~, September 25.2006 REGULAR COMII~SSION MEETING Page 12
Commissioner Borno stated that he had been contacted by several people, more than
~, three, regarding how he felt about the overall vote and the relationship to FAR and that
they had all read how he felt about the FAR to begin with. He reported that after
listening to them, they made good common sense and would like to say that he wants
~„ all the citizens of Atlantic Beach to clearly hear and understand why he is considering
increasing the FAR from .54 to .60. Commissioner Borno stated the following: "It is
to provide for all the citizens that will be affected by the FAR to have enough
~„ advantage as possible, if needed, during this interim period when FAR is part of our
current ordinance. I wish for all the citizens of Atlantic Beach to know that I will
continue to work diligently to have FAR removed from our ordinance until that can
~,. take place in the future. I have not changed my firm belief that any FAR number could
not have allowed the City of Atlantic Beach to exist as it does today and will never be
appropriate for use in determining what our city would look like in the future. I am
against McMansions and firmly believe the use of FAR is restrictive and not proper to
our homeowners that have had a need to either enlarge or construct new homes in the
firture. That is my feelings right now. I am willing to give them the advantage of
looking at .6."
Mayor Wolfson believes that a .60 is a fair place to start and am just looking for that
~. opportunity to reconsider that portion of it and have no intention of voting against this
if it is a .54 or a .60. He stated his position is that he will vote in favor of the
Ordinance with a .54 or with a .60, but his preference would be to go with a .60. He
reiterated that it was all he was asking for reconsideration on. He indicated that his
commitment is to the ordinance and would prefer the reconsideration for the .60.
~" Commissioner Fletcher understood that they all have a right to reconsider, but felt a
little frustrated because it "pops" it up and he would prefer to be prepared and to think
about things thoroughly. He believed the Mayor was trying to reach a more
'~' compromise of a FAR.
Mayor Wolfson answered that was part of what he was doing. He explained he sees the
'""' divisiveness in the community beyond anything ever imagined. He indicated he was
looking for a way to start the healing process that Commissioner Waters mentioned in
his prayer tonight. He indicated he felt all along that the .60 is a fair position. He
advised he had discussed it with moderates and it was a concern. He believed that
elected officials have that responsibility to find some way to start this healing process
sooner rather than later.
Commissioner Fletcher stated that was his impression. He believed that the
Commissioners tried all along to reach compromises. He explained he does not feel the
~.
community has been split. He advised he had met a moderate, very reasonable minded
person of the core group over lunch on the Thursday before the Monday night final
vote to find out what was wanted. He reported that on a 50' by 130' lot, an 8,000
square foot house was his offer. He explained he could not compromise. He does not
believe that the core group will see a .60 as a compromise. Mayor Wolfson stated that
is exactly his point. Mayor Wolfson believed the core group will never see anything
less than 7,200 square feet as a compromise and that is unacceptable and not where the
moderates are. He indicated he spoke to moderates who are very comfortable with the
~„ .60 FAR He explained if the .60 doesn't work, the Community Development Board
,,,, Seatember 25, 2006 REGULAR COMMISSION MEETING Page 13
can come back and make some suggestion that it should go to a .54. Commissioner
Fletcher believed that it can go up but not down.
Mayor Wolfson asked for reconsideration on the moderate position of a .60.
Commissioner Simmons added she had not heard any consideration of the moderates
on the other side who she said has expressed thanks for sticking to her guns and staying
~„ where we we are which is already a compromise. She believed that side had been sold
out in the process and not considered. She believed the healthiest thing for the
community is to drop it at this point, see where it goes and then consider it down the
~, line. She indicated it had been quiet and peaceful for a few weeks. She felt to bring it
up again and put everybody on the line, more public hearings, another packed room,
another set of letters to the editor, and another set of anger is very unfair to the
~. community. Mayor Wolfson acknowledged Commissioner Simmons' points.
Commissioner Waters believed this to be a political compromise and was ready to vote.
Commissioner Waters called the question.
Mayor Wolfson advised the Commission there is a motion on the floor to reconsider the
FAR from a .54 to .60.
(Restated Motion)
Motion: To Reconsider the FAR from .54 to .60 in Ordinance No. 90-06-195.
Roll Call Vote:
~"' Borno -aye
Fletcher -nay
Simmons -nay
~"" Waters -aye
Wolfson -aye
Votes: 3-2
MOTION CARRIED
Mayor Wolfson explained the reconsideration of .54 versus .60 will be addressed at the
next meeting.
Miscellaneous Business 8. Miscellaneous Business
A. Request from General Employee and Police Employee Pension Board of
Trustees for aone-time 3% cost of living adjustment (COLA) for city retirees
and beneficiaries (City Manager)
City Manager Hanson reported the city's two pension boards recommended a three
percent cost of living be provided to the city retirees and referred the Commission to
the staff report for the explanation and cost.
Mr. Van Liere explained several options were discussed and the cost estimates for each
are within the attached Actuary Report for consideration.
n
;,., September 25, 2006 REGULAR COMMISSION MEETING Page 14
Motion: To Deny the Request from General Employee and Police Employee
~, Pension Board of Trustees for aone-time 3% cost of living adjustment (COLA)
for city retirees and beneficiaries
Moved by Borno, seconded by Waters
Commissioner Borno explained decent adjustments have been made over the years and
~,,, expressed concern that the cost would total over a half million dollars ($500,000) over
the next fifteen years of a commitment. He expressed he cannot support it.
a,,,, Commissioner Waters believed the request has merit but problems do exist. He
suggested deferring the request to allow the Commission to look into the issues more
closely while understanding that the retirees leave the city at an income in dollars that
are worth a lot less today. He believes the other options provided should be reviewed.
1Vlayor Wolfson withdrew his second, Commissioner Borno withdrew his motion.
Motion: To defer until the meeting on October 23, 2006
Moved by Waters, seconded by Fletcher
Commissioner Borno pointed out each Commissioner should give direction to staff as
to what to bring back to them. Commissioner Waters agreed.
Mr. Van Liere explained the boards position and further explained the 3% COLA can
~" not keep up with inflation which is understood by the board, but could be viewed as a
periodic assessment that maybe they are due for an increase.
"" Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Annual renewal of City Insurance (excluding Employee Benefits)
City Manager Hanson explained the city's insurance is up for renewal each year and
earlier discussions took place during the budget process considering anticipated
increases. He reported the figures came in lower than estimated and recommended
approval of the City's insurance as listed in the staff report, which is attached and made
part of this official record as Attachment A.
Mayor Wolfson pointed out the figure for the Automobile coverage indicates the dollar
,~„ amount went down but the percentage went up and asked for clarification. Human
Resource Manager George Foster reported the percentage was incorrect and that it
should be a decrease or (-) instead of an increase or (+).
Motion: Approve Annual Renewal of the City's insurance (excluding Employee
BenefitsZ as indicated below the column marked 10/1/06, effective October 1,
2006.
~.
,,,,,, September 25, 2006 REGULAR COMMISSION MEETING Page 15
,~ Discussion ensued regarding the deductibles. Mr. Foster reported the deductibles range
from $5,000 to $25,000 depending on the type of occurrence. He indicated that next
year, the insurances are due to be studied thoroughly and deductibles will be part of that
~ study.
Votes:
~,,, Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
C. Mayport Road Medians -Landscape Options
,~. Public Works Director Rick Carper referred the Commission to his staff report and
explained a selection of a particular landscape option is necessary at this time. He
explained the ~rarious options and reported the comparisons related to maintenance,
cost, safety concerns and benefits of each. He presented a slide show on the overheat'.
containing photographs and specifications of the plants and trees within the various
options for consideration. He answered questions from the Commission during the
presentation.
Commissioner Borno expressed concern whether the medians would need to be
handicap accessible. Mr. Carper indicated they would not since they are not at
crosswalks.
Further discussion ensued regarding each option being considered.
Motion: Approve Landscape Option A.
Moved by Borno, seconded by Fletcher
~" Commissioner Borno recommended eliminating the Palm Trees and replacing them
with Crepe Myrtle. Discussion ensued regarding the different tree choices and how
they compare.
~.
Commissioner Fletcher withdrew his second. Mayor Wolfson seconded.
Issues were brought up regarding pedestrian crossing.
Votes:
Aye: 2 -Borno, Wolfson
Nay: 3 -Fletcher, Simmons, Waters
MOTION FAILED
Motion: To Recommend Approval of Landscape Option C.
,,~, Moved by Simmons, seconded by Fletcher
„~, September 25, 2006 REGULAR COMMISSION MEETING Page 16
Mayor Wolfson expressed his opposition to Option C because of the safety concerns.
He believed the perception would be that it is a safe crossing and therefore, would
encourage crossing in mid median. Commissioner Borno agreed with the Mayor and
added it could be a liability issue.
Votes:
Aye: 3 -Fletcher, Simmons, Waters
Nay: 2 -Borno, Wolfson
MOTION CARRIED
Motion: To add Crepe Mrytles to Landscape Option C.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Commissioner Fletcher called a point of information going back to the issues of
Robert's Rules of Order. He believes when they have called a previous question, the
~"' Commission is being very loose with that, in that, it does require atwo-thirds majority
Vote to even call a question because it limits debate.
Commissioner Fletcher requested that in the future a vote be taken whenever a question
is called.
`""' City Manager 9. City Manager
A. City Manager's Report
City Manager Jim Hanson announced the city will provide Flu shots to city employees
on Wednesday, October 4~' from 10:00 am until Noon and invited Commissioners to
get one.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
~" City Commissioners
City Attorney Commissioner Borno
- Thanked staff and particularly Nelson Van Liere for their hard work on the
~"" budget.
Commissioner Waters
- Thanked the City Manager for his letter replying to Ann Winfree who sent
information on Palms. He indicated it was timely and informative.
~.
,~ September 25 2006 REGULAR COMIVIISSION MEETING Page 17
- Advised he received a call from a Mr. Stengel at 340 Sailfish Drive indicating
his yard has been vandalized six times and is looking for relief from the
problem.
- Indicated that Selva Linkside made a request tonight and wanted to know if
Selva Marina is going to discuss, with the city, what their plans are at this point.
City Manager reported he has plans to meet with the Country Club
representatives in October to discuss the proposed project.
- Commented on the vote on the FAR tonight advising he has a problem with
changing the FAR because of it affecting lots that are five thousand square feet.
He believed that if the FAR changed, other areas of the Ordinance would need
to be revised also. He requested that if any further information goes out to
include examples of the excluded areas.
~„ Mayor Wolfson
- Commended the City Staff that was involved in the effort to acquire the
Buckman Land Trust. He advised the Commission that the city has made the
~, cut and is now in the position for contingency funding from the state. He
expressed he is pleased with where the city is now on the effort.
Commissioner Borno
- Borno requested a copy of the agreement between the City and Fleet Landing
regarding the use of the back east gate. He believes it should be reviewed and
~* does not think it will reveal the same as what the citizen presented earlier
tonight. Mayor Wolfson agreed and asked the City Manager to provide a copy.
~'* Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:16 pm.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk