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Draft Min 10-09-06 v^ MINUTES ~" REGULAR CITY COMMISSION MEETING October 9, 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 Borno. Mayor welcomed the Troop Master and Scouts from Troop 276. Mayor Wolfson explained Item 7A will be taken out of sequence and acted on after the Approval of the Minutes and before Courtesy of the Floor to Visitors. "' Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on September 25, 2006 Motion: To approve the minutes of the Regular Commission Meeting on September 25, 2006 as presented. Moved by Waters, seconded by Fletcher ,,~ Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Item 7A was taken out of sequence and addressed at this time. Action on Ordinances A. Reconsideration of Ordinance No. 90-06-195 with respect to FAR. ~ (taken out of sequence) Mayor Wolfson explained he would be opening the floor to a public hearing, but the only component of the Ordinance that is being discussed is the Floor Area Ratio (FAR). He further clarified that the Ordinance has already been passed and the reconsideration is for the measurement from a .54 to .60. He then explained what a FAR is. Mayor Wolfson opened the floor to the public hearing. Mae Jones, 126 15th Street, spoke in opposition of increasing the FAR. Jane Wytzka, 352 Second Street, spoke in opposition of increasing the FAR. October 9, 2006 REGULAR COMMISSION MEETING Page 2 Rodney DeCarle, 51 Beach Avenue, spoke in favor of increasing the FAR. Steve Piscitelli, 374 Magnolia Street, expressed his observation of the recent debates on Community Character issues. He thanked the commission for their hard work on the ordinance. Lindley Tolbert, 334 Sixth Street, spoke in favor of increasing the FAR. '~" Judy Sheldin, 1985 Brista De Mar Cir, spoke in opposition of increasing the FAR. Theresa Weatherford, 371 Ninth Street, spoke in opposition of increasing the FAR. Joan Carver, 46 15~' Street, spoke in opposition of increasing the FAR. Pat Pillmore, 995 Camelia Street, spoke in opposition of increasing the FAR. Richard Bell, 1952 Bcachside Ct., spoke in opposition of increasing the FAR until the problem is solved with the small lot sizes. Lisa Bruno, 375 / 377 Plaza, spoke in opposition of increasing the FAR. Robin Soergel, 336 Ninth Street, spoke in opposition of increasing the FAR. Mayor closed the public hearing and read the ordinance by title only. Mayor Wolfson explained his reason for supporting the change in the FAR from a .54 to .60 but also explained his support for the Ordinance with either FAR. Mayor Wolfson opened the floor for discussion. City Attorney Jensen called a Point of ~. Order. He indicated that a motion and a second is needed to begin a debate among the Commission. Motion: Approve the Ordinance with a .60 FAR. Moved by Borno, seconded by Wolfson Commissioner Borno explained why he was considering increasing the FAR from .54 to .60. Commissioner Fletcher referenced communications he received from John Fletcher on September 6, 2006 and indicated it is evident to him the .54 is an excellent compromise. Commissioner Simmons expressed her support in keeping the FAR at .54 and gave examples of houses to explain why. Commissioner Waters reflected on the past issues and the process of the Community Character Project. He believed it was never intended to cover the entire city, only the ~. ~. October 9 2006 REGULAR COMMISSION MEETING Pa e 3 ~. Core City. He indicated he does not see a big difference in the .60 FAR and believes that it addresses what most people have said they can live with. Commissioner Simmons wanted clarification on whether the ordinance will need two readings again. City Attorney Jensen explained that would not be necessary since it is a *'~ reconsideration. (Restated Motion) Motion: Approve the Ordinance with a 60 FAR Roll Call Vote: Fletcher -nay Simmons -nay '"" Waters -aye Borno -aye Wolfson -aye Votes: 3-2 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors The Mayor opened the floor to visitors. Commissioner Waters left the meeting at 8:12 pm. Valerie Britt, 378 Tilefish Court -Jacksonville, Pablo Point Civic Association's Director of Land Use & Zoning, spoke regarding a Jacksonville proposed Plan Amendment (2006D-001) and difficulty in hurricane evacuation. Curtis Sanders, 2320 Barefoot Trace, spoke regarding rental property issues. He gave examples of various household violations and asked the Commission to research the possibility of requiring mandatory inspections on rental properties. Mayor Wolfson asked that the issue be discussed during the next Strategic Planning Workshops. Pat Pillmore, 995 Camelia Street, asked the Commission to make an official statement regarding the city's position on the Mayport Ferry. Mayor Wolfson noted that he was going to mention the Mayport Ferry later in the meeting. Mayor Wolfson announced that Jeff Minton is leaving the Beaches Leader and this is *~ his last meeting. He read and presented a letter of appreciation to Mr. Minton from the Mayor and City Commissioners. Mayor Wolfson thanked him and wished him the best of luck in his endeavors. ~• October 9 2006 REGULAR COMMISSION MEETING Pa =e 4 Mr. Minton indicated he has enjoyed reporting for the City of Atlantic Beach and introduced his replacement Alexandra Kummernes. A. Presentation of the Sewer Master Plan Update 2006 from Grant Misterly Grant Misterly, Applied Technology and Management, Inc., introduced John Collins and June Smith and explained they contributed to the report being presented. He ~""' presented a summary of the 2006 Sewer Master Plan Update. He explained it is a plan for the city over the next ten years of Capital Expenditure for the Sewer System which is comprised of Wastewater Plants and the Collection System. He explained °" Wastewater Treatment Plants have the biggest issues and expenses mainly because of the legislation on TMDL's or nutrients entering the St. Johns River and the Sewer Collection issues are mainly about the age and condition of the Sewer. He explained '""' the overall cost of the ten year plan is approximately twenty-six million dollars ($26,000,000). '" Mr. Misterly, presented a slide show on the overhead. He explained a Sewer System, the reasons for the new legislation on TMDL, and the agencies that will be impacted. He then explained the Collection System. The presented plan identified recommended "~" improvements, associated costs and timelines. Mr. Misterly answered questions from the City Manager and the Commission. Mayor Wolfson explained the impact and importance in complying with the regulations. Unfinished Business 3. Unfmished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson reported on the use of the Fleet Landing east gate. He indicated that after searching records, two documents were found. Mr. Hanson read the related information from 1) an amendment to the plan from the Haskell Company, and 2) a letter from April 5, 1991 from Leo Rabuck from Fleet Landing. He reported it appeared there was no intention to restrict the use of the gate to emergency vehicles only, and that residence of Fleet Landing could use it all along. Mayor Wolfson asked that the Commission be provided a copy of those documents. ~, He explained service vehicles are using that exit and asked the City Manager to send a letter to the Executive Director explaining the usage of the east gate being restricted to residence and employees of Fleet Landing. Consent Agenda 4. Consent Agenda ~• A. Acknowledge receipt of New Occupational Licenses issued in September 2006 (City Manager) B. Award the bid for Utility Contractor Annual Service Contract to Gruhn May, Inc. at the prices specified in Bid No. 0506-16 (City Manager) Mayor Wolfson read the Consent Agenda. October 9 2006 REGULAR COMMISSION MEETING Pa e 5 Motion: To approve Consent Agenda as read Moved by Simmons, seconded by Borno Votes: '~" Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED (Commissioner Waters was absent for the vote.) ^~ Committee Reports Action on Resolutions 5. Committee Reports None 6. Action on Resolutions None Action on Ordinances 7. Action on Ordinances A. Reconsideration of Ordinance No. 90-06-195 with respect to FAR. (Item 7A was taken out of sequence and acted on earlier in the meeting.) Miscellaneous Business 8. Miscellaneous Business A. Discussion and related action on the City Manager's Compensation Motion: Consider a 6.5% increase to the Ci Manager's pay with effective date of 10/1/06. Moved by Borno, seconded by Simmons Commissioner Borno referred to the List of the City's Accomplishments provided and included in the agenda packet. He explained the research he did on determining ~„ appropriate pay and believed the 6.5% would be compatible with the increases given to other City employees. Commissioner Fletcher agreed with the increase to salary and suggested aone-time bonus between one and four percent (1-4%) be given as well. Mayor Wolfson commended and thanked Mr. Hanson. Commissioner Borno asked Commissioner Fletcher to explain his idea of the one-time bonus. Commissioner Fletcher reiterated the reason for suggesting a bonus was because of the increased workload put on the City Manager and other staff. Motion: To amend the motion to add aone-time bonus of 4% Moved by Fletcher, seconded by Borno ~» .. October 9, 2006 REGULAR COMMISSION MEETING Page 6 ~* Discussion ensued regarding aone-time bonus for the City Manager. Mayor Wolfson asked for guidance on the history of bonuses. Chief David Thompson explained his understanding of the City's Bonus Program for the Commission. Commissioner Simmons indicated she did not evaluate the City Manager for a bonus consideration and had not researched comparisons to previous years workload. *~ Votes: Aye: 2 -Borno, Fletcher Nay: 2- Simmons, Wolfson "" MOTION FAILED (Commissioner Waters was absent for the vote.) Commissioner Fletcher asked if this item could be deferred in order to allow Commissioner Waters to vote on the bonus. Mayor indicated a vote could be taken regarding the pay tonight and come back for further discussion. Motion: Consider a 6.5% increase to the City Manager's pay with effective date of 10/1/06. Moved by Borno, seconded by Simmons Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson ~. Nay: 0 MOTION CARRIED (Commissioner Waters was absent for the vote.) ~. Mayor Wolfson asked the City Clerk to put the item on the next agenda for discussion and consideration fora 4% one-time bonus. City Manager expressed his gratitude and believed the pay increase of 6.5% is fair and adequate. ~„ City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson referred the Commission to his written report. He reported the next Hazardous Waste Collection has been scheduled for Saturday, March 10, 2007. He also reported on the amount of Recycling and Green Waste Collections in the City. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney ,~ City Commissioners A. Recommendation for reappointments and one new appointment to the City Attorney Community Development Board ~. October 9 2006 REGULAR COMMISSION MEETING Pa e 7 Mayor Wolfson explained the Board' Member Review Committee's recommendation to reappoint Samuel Jacobson, Craig Burkhart and Carolyn Woods to the Community ~* Development Board. The Mayor expressed his support. Motion: Reappoint Samuel Jacobson Craig Burkhart and Carolyn Woods to serve on the Community Development Board for an additional term Moved by Simmons, seconded by Fletcher '"' Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 ~" MOTION CARRIED (Commissioner Waters was absent for the vote.) ~"" Mayor Wolfson explained a new member is needed on the Community Development Board to fill the expired term of Steve Jenkins since he is not interested in reappointment due to scheduling conflicts. Mayor expressed his support. ~" Commissioner Simmons commended Steve Jenkins for his service. Mayor Wolfson concurred. Motion: Appoint David Boyer to serve on the Community Development Board Moved by Fletcher, seconded by Simmons Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 0 MOTION CARRIED ~,,, (Commissioner Waters was absent for the vote.) B. Creation of a committee to study district representation Mayor Wolfson reminded the Commission of the decision from the Strategic Planning ~., Session to consider appointing a committee to study the district representation possibility and the timelines. He asked the Commission to think about it for discussion at the next meeting. Commissioner Borno asked that the tasks of the Committee be identified prior to appointing the members. Mayor Wolfson agreed to send out a memorandum explaining the mission. Commissioner Borno expressed concern whether staff could commit to the project at this time since many hours will be spent. ~» Commissioner Fletcher agreed with Commissioner Borno. Mayor Wolfson said he would get with the City Manager to discuss other priority issues and timelines. Commissioner Borno - Reported that he and Commissioner Waters enjoyed meeting with the African Officials while they were visiting Atlantic Beach and presented the Mayor with ~"" a sash given to the City from them. Mayor expressed his appreciation. ~. October 9, 2006 REGULAR COMMISSION MEETING Page 8 ~. Mayor Wolfson - Reported Selva Marina has ideas of developing the Country Club and part will ~"" be in Atlantic Beach and part in Jacksonville. He indicated concerns have been expressed to them and that they have agreed to keep in communication with the City and are sensitive to community concerns. Commissioner Fletcher '~ requested informal updates on their plans to develop. - Advised there is a board discussing the Mayport Ferry that is chaired by Councilwoman Brown. He asked for a volunteer to represent the City of ~°' Atlantic Beach. Commissioner Borno volunteered. Adjournment There being no further discussion, the Mayor declared the meeting ~' adjourned at 9:33 pm. _ _Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk