Agenda Packet 2-10-14CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
February 10, 2014-6:30PM
AGENDA
Call to order
Invocation and pledge to the flag
1. A.
B.
c.
D.
E.
Approve the minutes of the Regular Commission meeting of December 9, 2013.
Approve the minutes of the Regular Commission meeting of January 13, 2014.
Approve the minutes ofthe Special Called Meeting ofDecember 16, 2013.
Approve the minutes of the Commission Workshop of December 16, 2013.
Approve the minutes of the Town Hall meeting of January 11, 2014.
2. Courtesy of Floor to Visitors
A. Presentation of Congressional Youth Award.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.
IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION
AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Repmi, Code
Enforcement Repmi, List of New Business Taxes, Financial Repmi and Utility Sales
Report for December 2013.
B. Declare this list of property as surplus so that the items on it may be disposed of in the
most beneficial way to the City.
5. Committee Reports
None
6. Action on Resolutions
None
7. Action on Ordinances
A. ORDINANCE NO. 80-14-84, Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE I, SECTION 22-4
AUTHORITY TO ADJUST OR WAIVE CHARGES IN APPROPRIATE CASES, (E)
ADJUSTMENT FOR LEAKS ON CONSUMER'S SIDE OF METER, AND (F),
ADJUSTMENT FOR FILLING SWIMMING POOL; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Report on the Central Florida Water Initiative (CFWI)
1
B. Recreational Vehicles in Front Yards.
C. Paperless Agenda Project Update.
D. FY 2013-2014 Resurfacing Project.
9. City Manager
A. City Manager's Report.
10. Reports and/or requests from City Commissioners and City Attorney
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need
to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and
evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to
the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance
to the Commission Chambers.
Eve1y effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00
PM, Friday, Februmy 7, 2014.
2
MINUTES
*REGULAR CITY COMMISSION MEETING
December 9, 2013
IN ATTENDANCE:
Mayor Carolyn Woods
Mayor Pro Tern Maria Mark
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Call to Order/Pledge:
CITY HALL, 800 SEMINOLE ROAD
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna Bartle
Recording Secretary Nancy E. Bailey
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Mayor Woods called the meeting to order at 6:32p.m. She asked that everyone take a moment of silence for
Nelson Mandela and all of the peace he has brought to the world. Commissioner Beckenbach gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
She welcomed the audience and explained the process for public comments. She polled the audience as to
whether they wanted to have five or three minutes to speak. They voted for three minutes.
1. A.
B.
C.
D.
Approve the minutes of the Regular Commission Meeting ofNovember 12,2013.
Approve the minutes ofthe Commission Workshop of October 21,2013.
Approve the minutes ofthe Special Called Meeting of October 28, 2013.
Approve the minutes ofthe Commission Workshop of October 28, 2013.
Mayor Woods asked if there were any corrections to the above minutes. There were none so she stated the
minutes will stand as submitted.
2. Courtesy of Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors.
Sheri Lawhon, 190 Seminole Rd., addressed the crosswalk at Seminole and David stating she has been
trying to get one there for five years and two months. She referred to minutes fi·om October 10, 2011
regarding cost to install crosswalks stating Commissioner Daugherty had requested and received a crosswalk,
which she believes is preferential treatment.
Teresa Flores, 233 Belvedere St., stated she also wants a crosswalk at Seminole and David. She stated they
have been told one reason they won't put in a crosswalk is that they don't have sidewalks that connect the
crosswalk at David but there isn't one at 11th, 18th or 20th and they all have crosswalks.
Eric Kritsky, 196 Seminole Road, over the last 15 years there has been a significant traffic volume increase
on Seminole Road and they desperately need some form of traffic mitigation at the intersection of Seminole
and David to allow pedestrians to cross safely.
Debra Lacovara, 150 Belvedere St., stated she is also in favor of a crosswalk at Seminole and David and
would like it to be a safe place to cross to go to the beach.
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10,2014
Page2
Michelle Drummond, 144 Seminole Road, stated she is in support of the crosswalk; there has always been a
problem crossing that road.
Ken Drummond, 144 Seminole Road, supports the crosswalk, stating he believes people go too fast in that
little stretch of road so he believes it would slow things down a little bit.
Paul Gunsaulies, 780 Begonia Street, stated he wants to see fairness in the way it is regulated for the 15 ft.
rule for boats and campers so everybody is treated the same and has the same opportunity to park those. He
stated not every street in the City is the same with the same property lines; some are at the street and some are
15 ft. off the street and some houses have no side yards. He stated the only change he would like to see
would be to change the wording from 15 ft. off the property line to 15 ft. off the street.
Mayor Woods recognized former Mayor Mike Bomo, former Commissioner Paul Parsons, former Mayor
Don Wolfson, and former Mayor Lyman Fletcher who were in the audience. She stated she would like to
now let everyone speak about the Resolutions and address those Resolutions and then open the floor back up
to other issues.
Mike Borno, 223 Ocean Forest Drive N., addressed Items 6A, B, C, and D stating he is disturbed and
believes due consideration has not been put forward in the way these were prepared. He stated he believes
this process needs to be reviewed and vetted by all of the Commissioners and not just put forward with the
viewpoint of one person. He stated he believes that is a process they should consider as they take their
actions this evening.
Harold Lippes, 700 Ponte Vedra Lakes Blvd., Ponte Vedra Beach, referring to a hostile, ugly time in 2010
that they would all like to forget which was fueled by the controversy over the sewer main going through the
property of the Estates of Atlantic Beach, he stated there comes a time when enough is enough, where when
something is over it is over and you accept the results and move forward and treat each other with respect and
leave the bad feelings and hostility of the past behind you and he doesn't believe that has been done. He
stated all he is asking is for each of them to ask themselves if any of the events of the past have fueled the
resolutions to terminate Mr. Hanson and Mr. Jensen. He stated he has no personal dog in this fight. He has
no personal relationship with Mr. Jensen except that he knows him as a fellow lawyer and certainly doesn't
have any personal relationship with Mr. Hanson. He stated he has had dealings with them in their capacity as
professionals for this City and they are both outstanding gentlemen. He stated they are truly professionals
and it is difficult for him to understand why they would want to terminate them over things in the past that
were resolved in a court of law in a manner which affirmed that the opinions they expressed back at the time
were the correct ones.
Diana Townsend, 266 Poinsettia St., stated she supports the resolution to terminate Mr. Hanson and Mr.
Jensen.
Paul Eakin, 1745 Beach Avenue, stated he was here to speak on behalf of the City retaining the services of
Alan Jensen.
Paul Parsons, 1970 Mipaula Court, stated great leaders preach peace. He stated by this vote he believes
what they are doing is separating the City even more and the City is not as peaceful as it once was. He stated
he doesn't understand firing two good men who have done their jobs the whole time they have been here. He
stated with the good things Mr. Hanson has done through the years, there is no comparison to anybody else in
any other city. He stated Mr. Jensen has always kept us out of trouble and has done an excellent job. He
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page3
stated they have both done their jobs very well and to let them go is going to be a big mistake in this City. He
stated they need to look at the City as a whole and how peaceful it is and how well it is run and then make
their vote.
Ray Brandstaetter, 254 Oceanwalk Drive S., agrees with former Mayor Mike Bomo that we need to look at
our process. He stated in researching City Manager performance evaluations in Florida they are very
transparent for a lot of municipalities; the forms, evaluations and employment contracts, etc are there. He
stated he, therefore, believes we need to have more open govemment. He stated he doesn't believe this issue
is really about job perf01mance, this is really about how our top City officials have conducted themselves
over the last few years. He stated the key thing for our City staff to do is to maintain neutrality. They are the
Commission's employees and need to be doing everything they can to look at and present all the facts with
equal enthusiasm and flexibility on all sides of the issue. He stated he believes this is where things started to
go off the rails. He stated when you have been in a job a long time you tend to push things you believe in and
it is tough when you are in a job like these City officials are where they have to remain neutral. He stated he
believes they have become a little partisan in some issues and when you become partisan you become
politicized, and when you become politicized you have to live in a nastier world. He stated basically in that
world you live by the sword, you die by the sword. He stated he believes we need to move past this and he is
in support of the resolutions mainly because he believes both gentlemen, although they have done a fine job
and he has no personal ax to grind with either of them, have gone off their neutrality.
Lindley Tolbert, 465 Beach Avenue, stated over the last few weeks she has read emails from different
Commissioners about the mandate that has been sought by the voters of Atlantic Beach with the recent
election. She stated this mandate is to oust Alan Jensen and Jim Hanson. She stated some of the elected
candidates say they have this mandate because they won their respective elections. She reminded the
Commission and everyone in the audience that the fact is, in the August election, voter tumout was only at
32%. She stated the Mayoral race was won with only 18% of registered voters and one of the Commission
races was won with 15.7% ofthe vote while his opponent lost at 15.2%, or 51 votes. She stated this is hardly
a mandate. She stated she has also read and heard that their supporters really want this, 3 -1 in fact. She
asked them, where are those supporters. She stated the overwhelming majority here tonight and those who
have emailed them do not want these resolutions. She stated she read an email from the Mayor today that
stated she personally walked all but 5 blocks and had about 30 meet and greets all over the City and
eve1ywhere she went people made this a campaign issue, even though she did not. She stated the Mayor said,
for so many people to feel so passionately about this topic that they searched her out to voice their concems
and desires, trumps any assumptions that may be made concerning the opinions of those who didn't vote.
She stated, again, I ask the Commission where are those people, are they invisible, do they communicate via
ESP. She asked what about those who didn't vote at all in the election. She stated today our Mayor wrote
that one would have to assume that they are fine with whatever happens. She stated she believes all of us
know what happens when one assumes. She stated in most circles, it is recognized that when one does
nothing it is normally an indication of support for the status quo and not an endorsement of some sort of
radical change or action. She stated, as a Commission, they have before them tonight considerations to fire
two of our key City employees without cause and with a lot of vaguerities about why they can't give cause,
but without any real interim plan in place, without employee reviews and without regard to the majority of
the citizen input. She stated two of the reasons an electorate recalls its officials is from acts of malfeasance
and negligence of duty. She stated if they decide tonight as a Commission to terminate these employees
without cause, they will be committing both acts.
John Morello, 2295 Oceanside Court, stated no one likes to see anyone lose his job but the jobs in question
tonight are not private sector jobs but jobs paid for by the taxpayers. He stated part of the requirement of
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page4
these two jobs is to carry out the requests of the City Commissioners and when trust in the people cmrying
out these jobs has been eroded to this extent this mission can no longer be effectively accomplished. He
stated the easy thing for our Commissioners to do would be to go along and not upset the entrenched
established network that controls Atlantic Beach. He asked, did we vote for status quo? He stated we all
knew the current Mayor's position prior to the election and as expected she has taken responsibility in
standing up for the taxpayers in order to enact the fiscally responsible changes for which we hired her. She is
just doing her job. He stated based on that fact, personnel changes are to be expected, not feared and if we do
not support these changes then we have no one to blame but ourselves for not getting the outcome we
expected from our elected officials. He stated although these employees are being voted on to be terminated
without cause, there is always a cause and often numerous causes. He stated the reason an employer chooses
the without cause option is to avoid costly litigation, so by definition the Commissioners are not at liberty to
verbally express a cause without opening themselves and the City to a lawsuit. He stated there is no doubt
there are compelling reasons for their decision and if we disagree with their decision then it is our job, as
citizens, to vote them out of office. He stated at the last meeting we heard how costly it will be to pay for the
severance of these employees and to hire new staff and asked, does that mean we are to keep employees with
whom City Commissioners cannot effectively work in order to save money. He stated there is no logic to that
reasoning. He stated the short-term cost to the City will be more than worth the long-term gains. He stated to
spare us all the divisiveness that this resolution has caused he believes the employees should honorably
submit their resignations for their own benefit as well as for the good of the City. He stated he supports the
Mayor in this effort. He stated real change never comes without the courage to stand up and fight hard for
one's beliefs. He stated it is not about something personal; it is about doing the right thing. He stated he
wanted to personally thank Mr. Hanson and Mr. Jensen for their years of service and sincerely wished them
both the best in the future, whatever the outcome tonight.
Dee Reiter, 1798 Selva Marina Drive, stated she was sorry the workshop was not rescheduled for a time
Commissioner Daugherty could be here. She stated she is very much opposed to resolutions to fire Alan
Jensen and Jim Hanson. She stated both of these men have done a fabulous job and are very experienced.
She stated she has heard that some people don't like how formal Jim Hanson is on the job; that is his job. She
stated off the job he has a great demeanor; he is friendly, sociable. She stated on the job he is not hired to be
anybody's buddy or friend; he is hired to run this City as the Commission directs. She stated he has to be
accountable not only to the Commission but to the citizens. She stated he is engaged in our community
through his job as well as socially. She stated this is a new Commission and they need to see how Mr.
Hanson and Mr. Jensen work with all of them regardless of previous relationships, because they can't form
their own opinion honestly and independently until they have worked with them. She stated her hope is that
these resolutions die, they work together as a community, get us off the front page, move forward instead of
miring in the muck of what has been and be positive and get some things done. She stated please vote against
it.
Judy Beaubouef, 1209 Beach Avenue, urged the Mayor to withdraw the resolutions calling for the firing of
the City Manager and the City Attorney and should she fail to do so, urged the Commissioners to vote against
it. She stated one of the most important duties of our elected officials is to be good stewards of our City's
resources. She stated the wholesale firing of our City Manager and City Attorney is wasteful of exceptional
talent and decades of experience that our City needs daily and will most certainly need in the near te1m as we
deal with one of the largest developments in our City in recent history, as well as serious disputes with the
City of Jacksonville over the services that they are obligated to provide to our citizens. She stated we have in
place capable, experienced professionals who can handle these issues and it would be wasteful to broom them
out and try to get substitutes. She stated these firings are also wasteful of hundreds of thousands of dollars.
She stated the City will have to pay severance and hire search firms and asked, do we really have $200,000
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# IA
FEBRUARY 10,2014
Page 5
sitting around for this unneeded expense. She asked, if so, couldn't the Commission as stewards of our City's
assets find a better more positive use for that $200,000. She stated these firings also represent a wasted
opportunity. She stated neither the Mayor nor Commissioner Hill ran on a platform of advocating the
immediate firing of our two most critical staff positions. She stated they ran on a promise of civility. She
stated they have an opportunity to bring the community together and she urges them to withdraw the
resolutions so they do not waste that opportunity. She stated most of us have already lived through a period
of time of deep polarization. She stated it is very harmful to the community and believes they are inviting a
retum with senseless firings. She encouraged the Commission to be good stewards of our resources here in
Atlantic Beach, not waste talent, money, time and opportunity.
Bill Mayhew, 1870 N. Sherry Drive, stated the total compensation, salary and benefits, of City employees is
one of, if not the most, important responsibility of the City Manager. He stated these costs have now reached
about $9 million a year or almost 1/3 of total City expenses and benefits expenses are now over 50% of
salaries. He stated a salary survey was recently done without considering the value of benefits. He stated the
existing defined benefit pension plans provide a maximum benefit of 100% of final average salary plus Social
Security on top of that, making the plans unreasonably generous and expensive. He stated the long range
forecasting done continues to use an optimistic yield assumption of 8%; yields over the last decade have been
less than 5% and the pension plans are now around $9 million in the hole. He stated these situations are not
new and have deteriorated over the last decade due in large part to the City Manager's lack of leadership and
should be cause enough to fmd a new city manager. He stated the elected officials have the right to employ
whomever they desire and if a majority desires a change in leadership then they should make a change. He
stated they have worked with the current City Manager and City Attomey for some years now and should
know their strengths and weaknesses. He stated if the majority of the Commission has lost confidence in their
ability to work effectively with these individuals and feel it would be in the best interest of our City, he urged
them to make a change. He stated they should not be intimidated by the people who are going to come to the
podium. He stated to debate the specifics of why the change is needed would appear to serve little purpose
other than to create acrimony between the supporters and detractors of these men, and it could be detrimental
to them and to the City to publicly air their shortcomings. He stated the citizens have to place their trust in the
elected officials to follow their consciences and to do what is best for the City. He stated for years we have
listened to the caution about being civil and respecting the rights of others and hopes that we can do that
tonight so this City can move forward.
Mitch Reeves, 1663 Sea Oats Drive, encouraged the Mayor to withdraw her resolutions and, if she does not,
he asked the Commissioners not to second it for discussion. He stated if she does not withdraw and it does
get seconded, he encouraged each of the Commission to make sure they do not leave this room tonight
without making a for or against vote. He stated we need to heal in this City. He stated whichever way it
goes, the citizens and the employees of Atlantic Beach need guidance. He stated, with that said, all this
discussion started in 2010 over a pipeline. He stated there was a group called Friends of Sherry Drive, a non-
profit organization that was organized by citizens of Atlantic Beach. He stated one Commissioner who sits
on this Commission was listed in Tallahassee as the Secretary and his address was noted as the official
address of this non-profit. He stated since then this Commissioner has resigned from that organization but
asks that that Commissioner tonight openly give the comment that they were the Treasurer and he challenges
each of the Commissioners that if any of them or their spouses contributed to that non-profit group that they
declare that tonight because that was a lawsuit against our City and who defends our City -our City Manager
and our City Attomey. ·He stated he believes the citizens need to know if anybody on this council donated to
that lawsuit, personally or their spouse. He stated he believes that should be declared. He asked, do I think
that is a conflict of interest, absolutely not; but does he think it is something that needs to be said, because he
wouldn't want them sitting on his jury if they had. He stated, lastly we need to heal.
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 6
Helen Bradley, 94 Oceanside Drive, stated when she filled out the blue slip she thought she was just simply
supporting the resolutions. She stated, I do, that's it.
Alan Halperin, 372 Forest Street, stated he commends the City Manager and City Attorney for their long
standing service but to say that was not an election issue is not conect. He stated people who believe that this
was not discussed are just living on a different planet. He stated this was a huge issue in the election and the
City responded positively by electing our current mayor and city councilmen. He stated this was not only an
election issue in the last mayoral race but in the previous mayoral race and in almost every City council
election. He stated this is not coming out of the blue, this issue has been long standing. He stated elections
have consequences and the new commissioners and mayor deserve a team that they can work with and with
which there is mutual respect. He stated he has no personal relationship on any City business with either of
these fine gentlemen but he has observed at a couple of meetings some really rude behavior that he viewed as
bordering on bullying and it was very distressing to see this. He stated this relationship has obviously
continued and this disfunction cannot be allowed to continue. He stated the current commissioners deserve a
team they can work with and with which there is mutual respect. He stated he is in favor of resolutions and
movmgon.
Robert Persons, 31110th Street, stated if they vote in favor of these resolutions they will be making a grave
mistake. He stated these gentlemen have served this City well, as everybody comes up and says. He stated
the Commission says they have done a fme job but let's get rid of them; that's how we pay them off. He
stated he doesn't believe the City has an extra couple hundred thousand dollars just laying around that we
want to spend to pay out their contracts. He stated we don't want to spend a lot more money than Mr. Jensen
is charging to get a new law firm. He stated he has done a great job; he's seen it from the position of a citizen
and from the position of an attorney. He stated we all know what this is about. He stated all that, the citizens
want it but we can't tell you why, is malarkey. He stated these gentlemen are public servants, which means
they don't have the protections against slander that regular citizens do. He stated they are targets and you can
say what you want about them unless it is just pure out and out intended to injure them. He stated if it's an
honest statement, you can say it with impunity. He stated nobody will say it; it's just, well we don't want to
tell you, and we get a little smile. He stated we want to know. He stated you promised, Madam Mayor, that
you were going to have open government. He stated hearing us all say don't get rid of them and then you
saying well we are going to do it and we aren't going tell you why; that is anything but open. He stated you
are violating the trust. He stated you are going to spend an awful lot of money we don't have to just throw
down the drain. He stated he believes they need to do the right thing and vote no on these. He stated the
Mayor really should withdraw the resolutions; she has made her point, she doesn't like Alan and she doesn't
like the City Manager. He stated she even went to the State Attorney and they said show us something they
have done wrong and she couldn't do it and she won't do anything now to tell us what is wrong except, we
know, you don't like them. He stated if that's it, just say it; be honest about it. He stated a little over 30
years ago he sat there as the mayor and learned something real quick; this isn't a country club, this is a
government and you guys have a responsibility to all the citizens because everything you do impacts each and
every one of us out here. He stated they need to take a long, hard look before they do it. He stated
Commissioner Hill is brand new in the box and he needs to take a hard look and put this off, let it go.
Sandra Martin, 44 Dewees A venue, stated she supports resolutions to terminate.
Jim Smith, 73 Oceanside Drive, stated, as a citizen of Atlantic Beach, he is adamantly opposed to the
resolutions for the firing of the City Manager and City Attorney without cause. He stated he believes our
City is in great shape and believes a lot of people feel our City is in great shape. He stated there has been no
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 7
legitimate reason to terminate these two very key employees and the repeated explanation of how the
community wants it simply has not been demonstrated. He stated the greater number of emails and public
turnout in favor of not terminating is a better representation of the community's desires. He stated the fact
that this potential act has even been questioned by the news media should be a clue as to the error in judgment
and leadership in even considering this. He stated it has been painfully evident for some time that Mayor
Woods is absolutely unwilling to work with these two employees. He stated Mayor Woods who is only here
for a short term to work with these very long-term employees who retain critical knowledge of the City and
its many ongoing projects is the lone culprit and common denominator in a conflict with them of this
magnitude. He stated, in comparison, all former Commissioners going years back have successfully worked
with these two gentlemen, despite their differences, which is a testament to their fairness and willingness to
work together for the benefit of the City and the citizens. He stated the fact that a brand new commissioner,
Commissioner Hill, is strongly considering their terminations without ever working together is very
questionable. He stated he is not saying it means he is in collusion, but it certainly gives the appearance that
there has been some collusion. He stated it certainly looks bad. He stated, furthermore, the people are not
stupid; they are aware that a small political faction is driving this agenda, not the community. He stated
moving forward with these terminations against the people's will would certainly increase the divisiveness in
our City, which is already terribly bad. He stated if these terminations should come to past, he believes a
large rally of community support will occur to have removed fi·om office all members who voted in favor of
this.
David Jeffery, 1843 Seminole Road, stated he believes enough people have demonstrated the desire to see
these gentlemen off honorably and find new people. He stated he doesn't believe personalities are where we
need to be at all tonight or ever. He stated he was just reading something about the founding fathers who
were very contentious people, with some being winners and some losers but the nation, nevertheless, was
built based on their work. He stated that is precisely where we are now. He stated, based on the
Commissioners' work, they have an opportunity and a mandate to make good decisions as they see fit. He
stated he wants this City to remember that there are always some people who win and some who lose and if
we choose to be contentious, go off half cocked with people, or make accusations then what we have done is
fail in our mandate to be civil and to love this City enough to really want the good for it. He stated whatever
happens we are all together in this City.
Tracie Parsons, 1970 Mipaula Court, stated there is no reason she can see, in her communication with
friends and neighbors, that these two gentlemen should be terminated. She stated should they be terminated
she believes they will see another outcry of division in the City of Atlantic Beach. She stated the most recent
election was run on keeping the City at peace and growing the community we live in and the election two
years prior to that were done under the same pretense that we want to keep a good quality of life and a good
place for all of us to be citizens together. She stated passing these resolutions now will not follow in that line
of reason; it will be a bad situation for all of us.
Marla Buchanan, 1771 Sea Oats Drive, stated she was here in opposition to the resolutions. She stated they
cause her great concern. She stated our City is in wonderful shape; we haven't been sued because of bad
decisions; our City has been well run and believes there is no disagreement in that regard. She stated she has
heard three reasons why this is happening; one is we are firing them without cause, but there is some cause
there. She stated she doesn't believe there is any cause; it is obvious to anyone in this community. She stated
we have had a former Commissioner come up who has worked with both gentlemen and who has spoken on
their behalf. She stated former Mayor Borno, who has worked with these gentlemen, opposes these
resolutions. She stated these are people who have worked intimately with both of these gentlemen. She
stated there has been no glaring reason that she can see as to why these gentlemen should be terminated. She
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 8
stated, secondly, we have major issues coming up before our City; the Interlocal Agreement with Jacksonville
and one of the largest developments is about to happen in our City. She stated to terminate two of the people
who are key to how our City functions is reckless and is taking a major risk because they don't know what
they are going to get. She stated one of the other reasons she has heard is this fiscal reason that we pay Mr.
Jensen too much, we pay Mr. Hanson too much. She stated that doesn't make sense to her either. She stated
if the issue is fiscal why are they proposing that the interim City Manager is going to be paid 10% more than
Mr. Hanson. She asked why are we proposing that the interim law firm who is charging Orange Park, a
smaller city than Atlantic Beach, a monthly retainer of $8,000/month, when we pay Mr. Jensen
$2,500/month. She asked why are we proposing that the very people we are going to replace our people with,
who we know nothing about, are going to cost us that much more without any knowledge of what kind of job
they are going to do for us. She stated that is what concerns her. She stated she is a citizen and we could
wreak havoc by failing miserably in our Interlocal Agreement and in the way this development goes if we
don't have the right people in place. She stated this resolution to immediately terminate people who have
given decades of service to our community is irresponsible and reckless. She stated regardless of whether
they agree these gentlemen should be terminate, she believes they need to give serious thought in how it is
going about.
Don Barker, 2266 Oceanwalk Drive W., stated they bought a lot in 1987, built a home on Oceanwalk Drive
West, and when they bought the lot they were told that the area behind their house could never be developed.
He stated several years ago a developer said he was going to develop it, and he got the Commission, Mayor
Borno, and Jim Hanson all to agree that was a good thing. He stated they have an Oceanwalk association and
Mike Borno was on it but they were never infmmed anything about it, they only heard rumors that they were
going to develop behind their property. He stated it would decrease the value of their property tremendously.
He stated the developer sent an email to everyone in Oceanwalk that he was not going to develop that area.
The people up there said you can't trust him, he will develop it. He stated three years ago we had an election
and this developer donated heavily to the former Mayor and two of the Commissioners, so they were still
going to develop the area. He stated, yesterday, there were people behind his house and he asked his
neighbor what was going on. He told him they were surveyors and they want to develop before Atlantic
Beach Country Club is developed. He stated we need a change and we need a change big time.
Lyman Fletcher, 804 East Coast Drive, spoke in favor of the resolution stating having worked with the City
as long as he has there are painfully evident things that need to be corrected. He stated there is a lack of
openness, a lack of integrity and when you have people in office for such a long period of time you lose
perspective and people get grounded in their own perceptions and we need to have a fresh, deep look at the
integrity of our City.
Kirk Hanson, 2393 Ocean Breeze Court, stated he has spoken before saying he is not in favor of the
resolutions but believes he cannot be as eloquent as others who have spoken, especially Mr. Lippes whose
comments he really appreciated. He believes people should think about where does that come from and
where did all of this come from. He stated he believes there are some things that we really need to
understand and some things that may not have been thought through as well as they could be. He stated we
are going to vote to frre the City Attorney and then consider a resolution to hire as an interim City Attorney a
law firm in Orange Park. He stated they haven't talked amongst themselves, as a Commission, about that law
firm as to what degree they are qualified. He asked, do we want a law firm from Orange Park as an interim
City Attorney, isn't there somebody at the beaches who could fulfill that role? He stated it is a fact that they
are charging the City of Orange Park $8,000/month. He stated the City of Orange Park is 8,000 people. He
stated we don't have a proposal from them yet and we are going to try to negotiate a contract with them when
we don't have a City Attorney at all and there are no other candidates for the City Attorney. He stated that
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 9
doesn't make a whole lot of sense. He stated we are going to walk out of here tonight with no City Attorney
if they vote this resolution to fire the City Attorney and there is not a real good plan to get a City Attorney.
He stated he doesn't know what the credentials that these people have are and doesn't know if any of the
Commissioners know what their credentials are or if there are people at the beaches that have better
credentials than they do that would do it for less money. He stated we are going to pay them $8,000/month as
an interim City Attorney when our City Attorney today is getting $2,500/month. He stated he saw an email
today where someone considers that to be a savings because we have budget $107,000/year for attorney's
fees and they are saying that that $96,000 we would then pay an interim City Attorney would be a savings of
$11,000. He stated that is baseline budgeting at its worst. He stated he believes that one thing everybody
hates about Congress is that they say we are going to raise our spending 4% every year so if we only raise it
2% we just cut spending. He stated that is what they are talking about here; that is absolutely nuts. He stated
they need to take a good hard look at that and say do we want to walk out of here tonight without a City
Attorney and negotiate from a position of weakness to try to find another one.
Don Ford, 338 6th Street, stated he has been described during the election and at certain other times as a
disgruntled employee by several people on the staff and several other people. He stated he is not a
disgruntled employee, he served here for over 20 years, retired and Mr. Hanson hired him back to work for 3
~ months to work as a part-time employee. He stated if he was disgruntled, why would he do that. He stated
he wants to clear that up, he is not disgruntled, he loved his employment with the City, enjoyed working here,
got a better offer and was able to retire and go across the street and he jumped on it; it is just that simple. He
stated he supports the resolutions. He stated Mr. Jensen has been here a long time and he believes he has
done a great job but he believes the job demands more than a single man law finn and believes another law
finn could serve us a lot better. He stated regarding the City Manager's position, he read some quotes, i.e., he
doesn't work well with employees; he is a my way or the highway type of guy; he is an autocrat type of
management; Hanson complains about citizens contacting him, says Hanson doesn't want to deal with the
citizen contact issues; says our public meetings are different than our private meetings in talking about
himself and Hanson; Selva Marina trees were not handled well and that entire project was not handled
properly. He stated those are quotes and are public record and if you want to go to the City of Port Orange
you can see those quotes and you can see who said them.
Don Wolfson, 1725 Beach Avenue, stated he was here tonight to discuss Resolution 13-17 only. He stated
the termination without cause is lawful, if done correctly and it is provided as an action specifically in our
City Charter for the removal of the City Manager, City Attorney or the City Clerk. He stated the employee
does not necessarily need to have done something terribly wrong, but rather the employee's services are no
longer needed due to the unsatisfactory performance of his work. He stated, having sat in Seat 1, it is
important to have utmost confidence in the City Manager. He stated for the record the Commission can
terminate without cause by providing pay in lieu of notice; however, he is sure each and every one of them
understands the sensitivity of not providing publicly their concerns, which is the reason they have chosen to
terminate without cause rather than terminate with cause. He stated if they chose the latter it would lead us
into unnecessary litigation and additional costs for the City. He stated he cautioned each of them not to list
their concerns or objectives because that is an invitation for litigation and is something they have to be very
careful of tonight. He stated the reasons he has a concern with the employment of Mr. Hanson. He stated in
2012 Mr. Hanson applied for the Port Orange City Manager job. He stated if he sat in their seat as a
Commissioner, that would undermine his confidence in Mr. Hanson and he would have moved at that time
for termination without cause. He stated he doesn't know how they can sit there and have confidence in
someone who will leave if there is another offer that is more suitable. He also stated when he ran for office in
2004, he was told about the poor morale of the City. He stated he has spoken to a number of City employees
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM # 1A
FEBRUARY 10,2014
Page 10
recently and the morale of the City employees is deplorable and the finger points back to Mr. Hanson. He
stated also he has been pushing the public safety building since 4 years before he took office.
Susan Dunham, 503 Beachcomber Drive, Neptune Beach, stated she was a previous resident of Atlantic
Beach and is a previous employee of Atlantic Beach and a direct report to Jim Hanson. She stated he was one
of the best employers she ever had, he had very high expectations of his employees, expected them to
perform because that was expected of him by the City Commission. She stated it was not easy but it was
their job and was what they were expected to do. She stated that caused bad feelings sometimes but the
reality was he had high expectations and they had to fulfill them. She stated she found Mr. Hanson to always
have the best interest of the City at heart; he has a tremendous wealth of knowledge of the City and how it
functions and if he were fired it would be a terrible loss for the City and its citizens. She stated they are a
new City Council and asked who are they going to go to for answers now if he is gone. She stated it is the
same with Alan Jensen, a tremendous wealth of knowledge. She stated it has been stated that the frring of the
City Manager and the City Manager is what the citizens want; however, there has been overwhelming support
for them at the last Commission meeting and she is seeing the same thing here. She stated she believes it is
time to move on, there is a lot of squabbling going on and it is kind of embarrassing. She stated it is time to
get over this issue, move on and get down to business and serve the citizens like they are supposed to.
Don Peters, 1902 North Sherry Drive, stated he opposes 6A, B, C, D. He stated to have all four of those on
there saying you are going to frre them and hire somebody else looks like it is predetermined, prejudged,
premeditated and preplanned. He stated if they have cause to fire, fire then hire, but to do them both at the
same time makes it look like it is a foregone conclusion.
John Harris, 1834 Ocean Grove Drive, stated he voted in the last two elections for this change and believes
they need to tum the leaf, take a deep breath and move on. He stated he rises and supports these resolutions.
Bob Totter, 275 11th Street, stated he supports the resolutions.
Jeff Montanye, 334 11th Street, stated some people have pointed out that Commissioner Hill has recently
joined the Commission, which is true, but he believes it should also be noted that he was a fireman for 30
years with the City of Atlantic Beach and so brings to his current post a wealth of experience and deep
knowledge of the City's workings, which he believes is a real resource that can be used for this decision and
decisions yet to come. He stated the avoidance of litigation cannot be emphasized too much. He stated the
fact that one must pay severance costs is potentially dwarfed in the extreme by the kind of litigation that
could follow an attempt to carry out these personnel changes with cause, because that gives endless fodder for
endless lawsuits and years before this can be resolved. He stated he would not think you could ever do this
thing effectively without doing it without cause.
Christopher Martin, 44 Dewees Avenue, stated elections have consequences, and somebody questioned the
value of this last election but if he is not mistaken the turnout for that election was as good as it has ever been
for a single election and the Mayor won by 300 votes, which is significantly more votes than the previous
Mayor won by. He stated someone spoke against having resolutions replacing these people; the resolutions
are providing for interims so we don't get anxious about what happens if we fire them. He stated we have
interims that will guide us through that process. He stated someone was talking about paying the interim City
Manager 10% more than the current City Manager, he read the resolution and it is 10% more than his current
salary and he doubts he is making as much as Mr. Hanson is. He stated he supports these resolutions; end
this, get rid of these men.
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 11
Tom Wood 380 nth Street, stated Battlecreek, Michigan has a population of 51,000, five time the size of the
population in Atlantic Beach. He stated their budget last year was $42 million, which works out to be
$823/person. He stated our budget, in comparison, was $26 million for a city of 12,000 people, which works
out to be $9,198/person. He stated if that doesn't bother you, look at Jacksonville which has a budget of$1.8
billion for 836,000 people, which works out to be $2,153/person. He stated we are spending more per person
than Jacksonville is. He stated that is his reason for why they should seriously consider the resolutions.
Ira Richardson, 312 19th Street, stated he believes the time has come and he stands in support of the
resolutions that are proposed tonight. He asked that each of the Commissioners understand that we are all
replaceable and it has already been stated that we can legally replace anybody without cause. He stated he
celebrates and rejoices at the idea that a really smart woman is the Mayor of this town and believes it is a new
wonderful concept of operations that will serve this community well. He further stated they should not take it
personally, but rather take it professionally and move on. He stated he doesn't understand, given the years of
discussion they have had, that they didn't understand that when the majority of votes spoke and elected the
Mayor that she has the right to choose her own team. He stated in any organization the boss has the right to
choose their own team, so man up and give the commander her right to choose her own team and vote in
support of the resolutions. He stated his support for this resolution goes two-fold; one, the Mayor and a few
of the Commissioners voted on being progressive. He stated now is the time to do that. Be progressive and
support the resolutions. He stated, two, we stand here later to talk about a human rights resolution, part of
which includes non-discrimination of veterans. He stated that is an heroic state, also made by a woman. He
stated he stands in support of the resolutions.
Mark Tomaski, 448 Snapping Turtle Court West, stated he supports hiring a new City Manager and City
Attorney. He stated he has witnessed the disrespect shown by appointed, non-elected officials towards
lawfully elected officials and the breakdown of the fabric of representative democracy. He stated this led to
the unfolding of the last two elections to enlighten our citizens. He stated he could go through reasons why
he believes the City Manager and City Attorney need to be replaced but if he goes through them, all he comes
back with is why would I hire them. He stated why would I hire somebody who wasn't there to answer the
phone on the E. coli report, who allows communication through way of a conduit by our City Manager which
is illegal and our City Attorney knows that. He stated he believes they all know the reasons why they would
let them go. He stated he is concerned about some of the rigid thinking he has seen with our City Manager
and it hasn't stopped; it has continued with our police station. He stated it concerns him that we would have
him still in place and we would still be fighting about that police station. He stated he didn't understand that
we had a water treatment facility that was award winning; he didn't know we had to buy award winning water
treatment but he is sure we would have an award winning police station. He stated is that what we want. He
stated cities run on democracy and we have the right to come here today and speak of our democracy and he
is so proud to see all the people show up on either side and speak their voice.
Steve Abrass, 2317 Barefoot Trace, asked why we are here, why are we looking to terminate the
employment of two gentlemen who have served our community combined for over 41 years. He stated he
believes it is pretty obvious based upon speakers who have been up before him tonight that it has a lot to do
with a sewer pipeline right behind a neighborhood in the north end of Atlantic Beach. He stated several
speakers who preceded him in support of this resolution, have properties that actually back up to that and he
feels for them because if he had bought that property and there was the possibility of it being developed he
wouldn't be happy about it either. He stated the reality is the law wasn't on their side. He stated he met with
Commissioner Jimmy Hill and one of the things he shared with him is that he campaigned on the idea of
changing the culture here. He stated he would like to suggest that the culture can be changed without going
nuclear and terminating our two most senior managers here in Atlantic Beach. He stated in revisiting the
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10,2014
Page 12
issue of the pipeline and the police building, these gentlemen rendered opinions on those particular topics;
they didn't vote on it. He stated so if you have discontent with the result there, it is the former Commission
that needs to be held accountable for that, not these gentlemen. He stated they are paid to give us their
opinion; sometimes we agree with it, sometimes we don't. He asked why can they never be hired again. He
stated it seems to him that with that language that is in there this goes beyond business and that it is personal.
He stated what if we get a new City Manager and a new City Attomey and they render an opinion that
someone on this body is in opposition with, do we fire those people and it begins to be a revolving door here.
He stated we have heard a lot about this notion of firing without cause. He believes we owe it to them, if
there are reasons, to state them. He stated he understands there could be some legal liability but he believes
we owe it to them to hear these reasons and if they are really good reasons he believes they are defensible.
He stated at the last meeting the Mayor suggested if she had the opportunity she could probably speak for 5-6
hours on some of the reasons behind this and he bought some five-hour energy today and he is ready to go.
He stated he is ready to listen and would like to hear the reasons that go along with this. He stated she owes
it to her constituents to share those and she owes it to these men.
Rick Carper, 1810 Selva Grande Drive, stated the last paragraph in these resolutions which states they
cannot work for City again either permanently or contractually is going to have an impact on us. He stated
given the knowledge that these two have on some of the issues affected, the one that will impact him most is
the Marsh Master Plan. He stated there is a lot of knowledge there and prohibiting them from working for the
City contractually will have an impact to some of the projects the City has in the future.
Carl Burak, 2049 Seminole Road, stated we have a situation here in which the community is divided. He
stated it is not important what you say, but what they hear and in this room we have people who are hearing
the same information in different ways. He stated he believes this election was really about what we are
talking about and he is in favor of the resolutions, not because he is antagonistic to either of the gentlemen
because he doesn't know them personally but he believes there are two things that are important. He stated
one is, we have a democratic process and he has watched an evolution of commissions over the past 6-7 years
and what we are moving toward is not totally an issue about Mr. Hanson and Mr. Jensen, it is about a sense of
responsiveness to the community. He stated he believes that these meetings he has witnessed with this
Commission have been more reflective of that kind of sensitiveness, responsiveness, openness and being
willing to hear what you don't want to hear than he has heard before with other commissions. He stated he
would just ask the Commissioners to reach into their hearts and vote in a way that could get you fired in the
next election. He stated he wants them to be honest in their heart; don't do what they do in Washington and
vote in order to get yourself reelected. He stated frankly, it's not important enough. He stated he loves and
appreciates this community and however it goes he is grateful for the process and thanks the Commission for
being as open as they are.
Penny Kamish, 193 Beach Avenue, encouraged the Commission to be genteel and take some of this
hatefulness out.
Linda Huffman, 501 16th Avenue S., Jacksonville Beach, stated she believes people need to understand
how things work in the corporate world and the govemrnent is run like a corporation. She stated the
Commissioners have an obligation, legally, just like in a corporation. She stated she is sure these two men
are not being dismissed without cause. She stated she doesn't understand all these people who want to know
what all the details are. She stated she is sure that everybody that needs to know why this is happening
knows.
Mayor Woods read the following blue slips, stating the people couldn't stay but they support the resolutions:
AGENDA ITEM# 1A
FEBRUARY 10, 2014
December 9, 2013 REGULAR COMMISSION MEETING
Juanita Deloach, 804 East Coast Drive.
Linda Almeida, 282 Magnolia.
Greg Ferguson, 317 3rd Street.
No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to Visitors.
Item 6A was taken out of sequence and acted on at this time.
A. Resolution No. 13-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT
OF ALAN C. JENSEN AS CITY ATTORNEY AND PROVIDING AN EFFECTIVE DATE.
Page 13
Commissioner Mark stated she wanted to make a motion to defer all four resolutions for eight months to
August 2014 and if she gets a second she will give her reasons why she is making this motion.
Motion: Defer all four resolutions to August 2014
Moved by Mark, Seconded by Daugherty
Commissioner Mark stated she believes the motion to defer would be the best solution at this time and has
several reasons why. Mayor Woods called the question.
Motion: Call the Question
Moved by Woods, Seconded by Beckenbach
Mayor Woods asked if there was any discussion on calling the question. Commissioner Daugherty stated
let's vote on calling the question. Mayor Woods stated let's vote on whether to have the deferment or not.
Commissioner Daugherty stated actually we are voting on to call the question or not. Mayor Woods stated
we are voting on whether to call the question or not. Mayor Woods stated if they would like to go ahead and
vote on Commissioner Mark's recommendation for deferral then she would like to call that vote.
Commissioner Mark requested a roll call on that vote. Mayor Woods stated the question is whether to call
the question, which means to just go ahead and vote on Commissioner's Mark's recommendation for deferral.
Commissioner Beckenbach stated he wanted to hear what Commissioner Mark has to say on the deferral so
he is withdrawing his second. Mayor Woods stated go ahead Commissioner Mark.
Commissioner Mark explained that there has been discussion about Commissioner Hill being new and
although he has had experience working with the City Manager and City Attorney in a different capacity, this
is the first time he has actually had this opportunity to work with these two men as an elected official and, as
an elected official, that relationship is very different than what he has had in the past. She stated if they agree
to defer these resolutions it will give Commissioner Hill ample time to work with City Manager Hanson and
City Attorney Jensen and to form an opinion as to whether they are an asset to our City or whether they
should be replaced. She stated the other reason is that Commissioner Beckenbach has been discussing
implementing a standard performance evaluation process for the three appointed positions. She stated we
have been in many discussions about that and she believes it has been the Commission's consensus that this is
something that we should have in place, and deferring these resolutions for this timeframe will allow the
Commission time to implement the review process that Commissioner Beckenbach has been advocating for
the past several months. She stated it would also give our newly elected Mayor/Commissioner another
opportunity in her capacity as Mayor to try to work with the City Manager and City Attorney. She stated she
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# IA
FEBRUARY 10, 2014
Page 14
believes as our newly elected Mayor she owes herself this service and owes the citizens the service of trying
to see if she can work with these two gentlemen as the elected Mayor. She stated it has also been discussed
the issues we have coming before us; i.e. the tipping fee issue, the Interlocal Agreement, the annexation of the
golf course property, getting the reuse facility up and running on time. She stated we are facing some critical
issues in our City that could have a detrimental effect and could mean big dollars if we are involved in any
kind of a law suit for breach of contract regarding the reuse system should that not come on line. She stated
Attorney Jensen has the most knowledge of everyone in this room on the Interlocal Agreement, we already
have the relationship with the City of Jacksonville, and the discussions for the annexation have already
begun. She stated to terminate these two men at this juncture would be reckless. She stated if they defer
these resolutions she believes it will give them a cooling off period. She stated as Mayor Woods said earlier,
this is a very emotional topic and she believes this is a reasonable request. She stated it will give the new
Commission an opportunity to work together, to go through strategic planning with someone who has the
experience and knowledge that the City Manager brings to the table, and will allow us to go through this first
budget process. She stated at the Town Hall meetings 99% of the questions were answered by City Manager
Hanson and not the Commission. She stated she strongly recommends passing this motion to defer, give us
this time, give Commissioner Hill time and give this Commission time to start working together.
Commissioner Daugherty stated we are at a very fragile point in our City; we are negotiating tipping fees
with Jacksonville, looking at annexing property with Jacksonville, looking at adding an addition on to our
police station, and are building a master plan for the marsh. He passed around a list of 17 projects the
Commission has delegated to the City Manager to do, stating which will be on hold and we can't afford for
them to be on hold, if we decide to terminate these gentlemen tonight, . He asked if we want to have a brand
new City Manager come around July to negotiate our trash services for us. He stated whether this happens or
not eight months from now it doesn't matter. He stated, personally, he is not for it. He would like to
entertain whether we can get better services out of a law firm versus one attorney. He stated for
Commissioner Hill to be asked to make this decision right now is unfair to him because he has no experience
working as a Board Member with our CEO. He stated if he makes a decision on this tonight he will be
rushing to a decision without proper knowledge and the experience behind that. He stated there are a lot of
emotions here tonight and he is asking the Commission to take a step back and look at why we are doing this
and what other alternatives we have. He stated although he had no idea this deferment was going to come up,
he believes it is a good idea and the only fair thing to do.
Commissioner Beckenbach stated he does not believe they should defer it at all.
Commissioner Mark asked for a roll call vote to defer.
Roll Call Votes:
Aye: Daugherty, Mark
Nay: Beckenbach, Hill, Woods
MOTION FAILED
Mayor Woods stated they would move on to Item 6A. Commissioner Daugherty stated they have 15 other
items on the agenda that, if these Resolutions are passed, we will not have a City Manager or a City Attorney
to advise us on. He stated he would make a motion that they move these items to the end of the meeting
versus acting on them right now.
Motion: Move Items 6A, B, C, and D to end of meeting.
Moved by Daugherty, Seconded by Mark
December 9, 2013 REGULAR COMMISSION MEETING
City Attorney Jensen stated do it now.
Commissioner Daugherty withdrew his motion, Commissioner Mark withdrew her second.
Mayor Woods read Resolution 13-19 by title.
AGENDA ITEM# IA
FEBRUARY 10,2014
Page 15
Commissioner Becken bach asked to amend the Resolution to remove Section 1, item d, that states Alan C.
Jensen shall not be eligible for employment or contractual agreement with the City of Atlantic Beach again.
Motion: Amend Resolution No. 13-19 to delete Item d. under Section 1.
Moved by Beckenbach, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Woods read the Resolution as amended in its entirety.
Motion: Approve Resolution No. 13-19 as amended.
Moved by Beckenbach, Seconded by Woods
Commissioner Daugherty stated he does believe there is opportunity for the City to be better served by a law
fi1m versus, however, we have not been given the chance to vet said law firn1s, put out an RFP, not had the
chance to find out if, indeed, we can be better served. He stated with the annexation of the property from
Jacksonville and negotiating with the tipping fees, he does not believe now is the right time. He stated he
believes we should put out an RFP, vet law firms and make a decision before they hire a new attorney. He
stated he believes they should defer this and explore the options and then make a decision. He stated making
a decision like this is rash, it has the appearance of being personal, given the Mayor's and another
Commissioner's relationship in law suits against the City. He stated he believes we should follow the proper
process and at that time make a decision.
Mr. Hanson clarified that the budget for the City Attorney is not all for Alan Jensen but a substantial portion
is for our labor attorney.
City Attorney Alan Jensen stated there have been a lot of statements issued and published in the media which
are not accurate. He stated he has served the City for a long time because he wanted to and believes he has
done a pretty good job. He stated we have had a couple of major lawsuits the last couple of years that he was
involved in and we won the lawsuits. He stated he wanted to thank everyone who came out and participated.
He stated it is upsetting to him that the City is going through this but it is more upsetting to him that his
family is going through this again. He stated they have other more pressing matters at this time. He stated he
has said before and will say again that he is ready, willing and able to work with this Commission and
believes we should all work together to get to know our jobs better and to do our jobs better, all of us up here
on this dais. He stated a lot of people who supported the resolutions didn't give reasons why they supported
them. He stated it was suggested that he had not remained neutral anymore. He stated he has never been
neutral in this position; he has always been in favor of the City and has always litigated on behalf of the City.
He stated he is not going to sit up here and be neutral. He stated there has been some question about vetting
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 16
these new proposed attorneys. He stated the Commission has a meeting next Monday night and asked if they
know who will be sitting in this seat, what he looks like, his name, whether he has the experience and
qualifications in our Charter to be the City Attorney and do they know how much they are going to be paying
him. He asked do they know the answers to those questions; he stated he hasn't heard them and he doesn't
know that. He stated he is willing to be here next Monday and for as long as they want him and to continue
representing this City to the best of his ability. He stated he will not sit up here and always tell them what
they want to hear, but he will give them his honest legal opinion. He stated he has always done that. He
stated he has told commissioners and mayors in the past when he thought they were wrong; they agreed with
him or didn't but that is his job and he wants to do it. He stated he wants to do it honestly and work hard. He
stated he has done that all his life and he would continue to do that and be ready, willing and able to do that
for them if they want. He stated if they don't want, he understands. He stated if they want change for the
sake of change they are entitled to do that. He asked is he entitled to an explanation from them for the reason
why; no, but he believes he has earned that. He stated whatever their decision is he will honor and respect it
and hopes they think very seriously about the ramifications of not only this decision but the same decision for
Jim Hanson.
Commissioner Mark stated she is shocked and appalled that they had this many citizens and it took her two
hours to go through emails and 90% of which were people questioning these resolutions and the intent of
these resolutions being brought asking those questions time and time again. Mayor Woods asked her to keep
the topic to the discussion. Commissioner Mark stated this is the discussion, because there is no discussion
coming from this Commission who are moving for these resolutions. Mayor Woods stated that is their choice
and they do not need to be lectured. Commissioner Mark stated she is not being lectured; she still has the
floor. She stated the people have asked these questions, just like the people who told you they wanted these,
and she believes these people, as well as the Commission, deserve a response before they are asked to vote on
these two resolutions that can bring dire consequences to this City.
Commissioner Hill stated the thing he was trying not to do was to comment until he had heard everything that
was going to be said and he finds himself in a unique situation sitting in the middle of a pretty heated debate
with a pretty tough decision. He stated he really wanted to wait until the last second to decide. He stated the
words from everybody impact the decision and ironically they were fairly split which hurts him more than
anything he has seen. He stated there is nothing he believes can be done other than cleaning the slate to
correct that and if anyone in this room thinks that we can sit here and work this out is not paying attention to
this actual effect of what is happening in this room. He stated he believes our only hope is to find neutral
ground in these two most important positions and he intends to give somewhat of a reason. He stated there is
no way to give cause. He stated first and foremost he believes we can find people who can do a better job in
these circumstances. He stated this board is going to meet every couple of Monday nights and if it is this
dysfunctional for the rest of his two years he might have made a mistake because this is not a functional
board the way it sits. He stated he intends to do what he believes is best for the citizens who elected him to
get the work of the City done.
Commissioner Daugherty stated they are forcing his hand to vote against this. He stated he is in favor of
looking at options but this is the wrong process in doing it. He stated he regrets what he just heard, it is
embarrassing. He watched the video of the Commission meeting and it appalled him. He stated they do need
unity on this Commission and to work together. He asked how challenging is that going to be without
continuity of staff, without having someone who has experience in these issues to help us. He stated the
Commission is best described as a board of directors. He stated the City Attorney and the City Manager
follow the will of the Commission. He stated it has been said that the City Manager supported that police
building; he reminded everyone that Commissioner Woods at the time voted for that police building. He
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# I A
FEBRUARY 10, 2014
Page 17
stated the City Manager followed the will of the Commission at that time and he is now following the will of
the Commission when we are saying we want to do a small addition. He stated every action he does is
directed by the Commission. He stated they say they want to move forward; he believes if they move
forward without experienced staff at this point we are due to fail. He stated it will be the biggest mess you
will ever see our City in. He stated we need experienced lawyers with negotiations with Jacksonville on
tipping fees, annexing property from Jacksonville. He stated now is not the right time; he is in favor of doing
something in the future, but not right now.
Commissioner Beckenbach asked Commissioner Daugherty if he looked at the firm Mayor Woods
recommended, or made a phone call to them. Commissioner Daugherty stated he did not because that is not
the proper process. Commissioner Beckenbach stated he did call to find out what this law firm is all about
and it is one of the only municipal law firms in this area, a full municipal law firm including real estate. He
stated as far as Rick Komando, who is the individual he spoke to, he was the criminal prosecutor with the
State Attorney's office and believes Commissioner Daugherty would be really interested in having somebody
such as this because of all the ethics question he always asks about. He stated he is looking forward to having
this particular law firm come on in so whenever Commissioner Daugherty says something about ethics he can
ask them whether that is ethical or not. He stated don't start lecturing him about how he should feel; he is
looking forward to this and has no problem saying this is something a lot of his constituents, who have voted
for him, have stated they wanted for a long period of time. He stated Alan Jensen wanted to know why. He
stated two year ago he talked with Mr. Jensen about the opinion that he came up with. He stated he also
talked about the Sunshine rules. He stated, yes, he gave him a certain amount of opinions but what started
happening is that he had to go out and start asking other lawyers in order to confi1m what he was saying and
he felt that he was not confident in having him as his lawyer. He stated that is the reason; he does not have
confidence in him as the lawyer for the City.
Commissioner Daugherty stated Commissioner Mark Beckenbach ran on open government and transparency
and asked him if he doesn't believe that the City hires should be vetted in public with the ability for comment
from the citizens. Commissioner Beckenbach stated these resolutions have been in the hands of the citizens
to go and search out exactly what this law firm is all about and he would be interested in finding out if
everybody probably sitting checked out the internet and found out exactly what the law firm was. He stated
maybe not, and if they didn't and they ended up foregoing that opportunity, then shame on them. He stated
as far as open government is concerned this is more open than it has ever been and he ran on that and it has
been more open with the video, and they had a workshop with the opportunity to say what they felt. He
stated that was not before.
City Attorney Jensen stated he understands Commissioner Beckenbach's position, and this isn't for him it is
for in the future, because he understands what is going on here tonight, but he would have liked to have heard
that from him before tonight that he doesn't have confidence in him. He stated the last two years he has been
up here, except for those frrst couple of months when he disagreed with an opinion he received from other
lawyers before he asked him, he has never heard that from him. He stated in the future he believes someone
would appreciate hearing that before the last minute. He stated, secondly, he knows some of the lawyers in
that law firm and the one he mentioned joined that law firm this year. He stated that is the extent of his
municipal law experience. He stated the next guy up the totem pole has been with the firm about two years
and before that he was a prosecutor also. He does not have experience in municipal law. He stated as he
asked before, do you know what the man looks like who will be sitting in my seat next Monday, do you know
what his qualifications are. Commissioner Beckenbach stated he doesn't know exactly what his
qualifications are.
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# IA
FEBRUARY 10,2014
Page 18
Mayor Woods asked if there were any other comments before she makes a few comments here.
Commissioner Daugherty asked to call the question.
Motion: Call the question.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Commissioner Mark requested a roll call vote.
Roll Call Votes:
Aye: 3-Beckenbach, Hill, Woods
Nay: 2-Daugherty, Mark
MOTION CARRIED
Item 6C was taken out of sequence and acted on at this time.
C. Resolution No. 13-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT OF
JAMES R. HANSON AS CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read the Resolution in its entirety.
Motion: Approve Resolution No. 13-17.
Moved by Beckenbach, Seconded by Woods
Mayor Woods stated she wanted to amend the Resolution under Section 1 b. to eliminate the last line due to
the economic hardship from taxes.
Motion: Amend to eliminate last line under Section 1 b.
Moved by Woods, Seconded by Daugherty
Commissioner Mark asked if they should put a certain date by which the severance should be paid. Mayor
Woods stated it shall be paid in full within 6 months. Discussion ensued. Mr. Hanson stated if it were his
choice, it would be after December 31 because there is a larger tax liability if it is taken this year. The
amendment was changed to state such sum shall be within six months of the adoption of this resolution at Mr.
Hanson's discretion.
Amended Motion: Amend to eliminate last line under Section 1 b. and add "Such sum shall be within
six months of the adoption of this resolution at Mr. Hanson's discretion."
Moved by Woods, Seconded by Daugherty
Votes:
Aye: 5 -Becken bach, Daugherty, Hill, Mark, Woods
Nay: 0-
MOTION CARRIED
December 9, 2013 REGULAR COMMISSION MEETING
Commissioner Beckenbach stated he wanted to amend the Resolution to remove Section 1 c.
Motion: Amend to remove Section 1 c.
Moved by Beckenbach, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 19
Commissioner Daugherty stated this is a public execution of Jim Hanson and reiterated this is a very
inappropriate and irresponsible time to do this. He stated we are in the middle of annexing land from
Jacksonville and Mr. Hanson has been at the forefront of those negotiations since the beginning. He stated
we are negotiating tipping fees with Jacksonville which will have an enormous economical impact on our
taxpayers. He stated Mr. Hanson has been in negotiation for three years on this. He stated we are getting
ready to renegotiate our trash services and Mr. Hanson help to negotiate the first contract. He stated there is
also the police building and Mr. Hanson has been facilitating our desire to send out an RFP to get these
services done. He stated if we terminate the City Manager now, we will have no one who is qualified on staff
to facilitate the expansion of the police building and they are delaying this process a minimum of a year. He
stated there is no burning thing that Jim Hanson has done wrong, in fact nobody can actually give a reason
why we are doing this; why do it now. He stated let's get through this time in our City where we have so
many things up in the air. He stated let's get these things done and ifthey want to make this decision again in
8-9 months they can do that. He stated he would encourage this to be voted down but to do this right now
would be the most irresponsible thing our Commission could do.
Commissioner Hill stated he would not go onto this endeavor without doing research. He stated he has spent
a tremendous amount of time over the last three weeks talking to everyone he could fmd who would have
relevant input into this, including the people who would be instrumental in the two big issues that most
citizens are concerned about, the annexation and the tipping fee issue. He stated he wouldn't do this if he
wasn't comfortable that the process can proceed on task and on time. He stated he has also made sure in
every possible way that we won't put liability on ourselves through the staff that will be picking up the slack
in the interim, but more importantly we have to find interim people, but we also have to immediately fill
these positions. He stated the key to him will be finding somebody for both positions that will be vacant who
has the confidence of all five members and they need to do it quickly.
Commissioner Beckenbach directed his comments to Commissioner Daugherty related to James Hanson's
background investigation and Jon Daugherty's interview of November 26, 2012 when James R. Hanson was
looking for a new position in the City of Port Orange. He stated Commissioner Daugherty was
knowledgeable about this because he was being interviewed. He stated the citizens and himself were
unaware for a period of time that the City Manager was looking for a new position and, of course, at that
point he stated he didn't know how many of you were really concerned about the City Manager leaving and
leaving us without someone in that position so that the annexation and the Selva Marina Country Club and all
of the items that Commissioner Daugherty stated were so much of a concern of his. He stated he now is
looking at it and saying that was a year before and now all of a sudden we need him so desperately and the
fact is that without Mr. Hanson this City will not exist, it is going to be so difficult without this individual.
He stated he believes the depruiment heads are more than capable and would hope that each of the department
heads that Mr. Hanson brought in is more than capable of doing all of the things he is talking about. He
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 20
stated fi:om what he is gathering although Mr. Hanson was very much a hands on individual that he has
brought very intelligent individuals on as department heads who are more than capable of working with the
annexation problem, the tipping fees, or whether or not there is going to be garbage pick up tomorrow. He
stated the fact that if we vote Mr. Hanson out of this position, the City of Atlantic Beach will not function
correctly, is not true. He read a number of statements that Commissioner Daugherty made in the interview
and recommended that everyone go on the City of Port Orange website and find Commissioner Daugherty's
interview.
Commissioner Daugherty stated he is actually very happy Commissioner Beckenbach brought that up
because when he had that interview with Port Orange, first of all his goal was for them not to hire him
because he likes Mr. Hanson. He further stated he was talking about when he was a brand new
Commissioner and he was very na'ive. He stated he had heard from the people that Mr. Hanson was hard to
get along with and he talked to the department heads and a lot of them said yes he is pretty much a my way or
the highway kind of guy. He stated he sat down with Mr. Hanson and told him things need to change in the
way we communicate with our staff and in the way our employees see your position and there was a change.
He stated the last couple of months Commissioner Beckenbach has been talking about open evaluations and
those evaluations have not taken place yet and he wants to make a decision on this before having the chance
to have these open evaluations. He stated that is going against what he has been trying to do for the last
couple of months. He stated when he was a brand new Commissioner there were some things going on and
he went, as a board member, to our CEO and said some things need to change and they did. He stated does
he want a City Manager everybody likes, no. He stated he wants a City Manager who does a great job and
runs a good City and provides a budget that allows him to go back to the taxpayers and say we aren't raising
your taxes. He stated he has had a very easy job because of the work this man has done. He stated this is the
most disrespectful thing this Commission can ever do to a man who is providing a living for his family. He
stated he was na'ive, brand new in his job and did not have people coming to him, just like Commissioner
Hill. He stated instead of saying we need to make a change and get a new City Manager, he sat down with
him, worked with him, evaluated him and things changed. He stated things can still change more but it is
irresponsible for them to just fire somebody without having the opportunity to work with them and see if
things can be different.
Commissioner Hill stated he is not na'ive and he understands what they are doing and that there are families
involved. He stated it does not make it easy but the reality is we don't represent the smaller number, we
represent the larger number and we have to start moving in a direction where everyone in these seats can
value 100% confidence that everything we do is in line with our task and not getting information that is not
making it through the loop and other issues of that nature. He stated that is his primary concern. He stated it
is his evaluation as a newly elected official that the only hope we have as a board is to put individuals in these
two seats that they all five agree on, which is the driving force for him. He stated he will not put someone in
there they don't trust or have confidence issues with. He stated he does not believe the City Manager or City
Attorney are untrustworthy but believes there are confidence issues that are undeniable. He wants to get this
to a level playing field so this board can work without this. He stated he has spoken to most of the
individuals who are intimately involved, and at least everyone who had a phone number on their email got a
call from him, with very few exceptions. He stated he didn't do this lightly and doesn't do it without
understanding the problem. He stated he also understands the importance of the respect level for the two
individuals. He stated they may very well be begging these two individuals to come help us in a few months,
which is why they wanted that other language out. He stated in two years the new Commission may want
them back, which is why that language was not even remotely going to stay in if he had a choice. He stated
he wants them to leave with a completely employable position, which is the reason they don't go into cause
so they don't get into mudslinging. He stated none of this is done without literally 3 Yz weeks of almost every
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 21
minute he had to make sure it was the right thing to do for the long term. He stated it is not easy and he is not
comfortable with it but somebody has to do the hard part. He stated if he had a complaint prior to running for
election he would say this Commission as a board has a habit of not doing what has to be done when it is hard
and this has to be done, it's hard.
Commissioner Mark asked what would change from tonight to terminate them that they would say, I think we
need to hire them back now. She stated if they want to have that option in the future to bring them back, why
are they terminating them now to begin with. Commissioner Daugherty stated it would probably be because
they would need them on a consultant basis, because we have no one on staff who knows what they know.
Commissioner Woods stated now Commissioner Daugherty is making disparaging remarks about staff so
with that we will move on. Commissioner Daugherty stated we do not have a qualified City Manager with
training to be a City Manager. He also asked have they thought about who will replace Mr. Van Liere.
Commissioner Woods stated she would like the opportunity to make a few comments, if that was okay with
Commissioners Daugherty and Mark. She stated this has been very difficult and she understands it is hard on
the community, which has been divided for a while. She stated as one of the Commissioners brought up, in
order for us to move together as a community, we on the Commission need to be together. He stated they
may have very valid reasons and may be right on every single one of them about keeping these two
gentlemen, but if the entire Commission is not comfortable with them, if the confidence level is not there and
we spend all of our time arguing back and forth, we are not doing our job, not serving the community, and not
moving forward positively. She stated that has been a long time coming; this is not a personal vendetta. She
stated anyone who says otherwise is putting words in her mouth, creating drama and speaking out of tum.
She stated she has worked with these men over many years. She stated it is time for positive change. She
stated when we started talking about open government here on this Commission, video streaming of our
Commission meetings; it has taken her three years to make that happen. She stated Commissioners
Daugherty and Mark fought that quite a bit. She stated when we started talking about a new process for the
Commission meetings, where we used to get out agendas on a Wednesday and vote on a Monday and we
wanted to give citizens and Commissioners more time to address these issues, it was a hard fight. She stated
we need to stop fighting each other and work together and they can. She stated there has been a lot of fear
talk and she doesn't believe we need to be fearful; we are all capable people, we have capable staff. She
stated working together we can vet any new law firm or City Manager. She stated Mr. Van Liere has been
here quite a while and has quite a bit of history and knowledge. She stated as the Finance Director, he
understands all of the contracts and where the money goes and comes from. She stated we are not putting
ourselves in as much jeopardy as some would like you to believe. She stated it is hard to sit here next to these
gentlemen and go through this process but it is a process that is dictated by our Charter which states it is a
vote of three on the Commission for all appointed positions. She stated there is no other way to do this. She
stated she is sony they don't agree with the Charter; they will look into that when they start the charter
committee. She stated the contracts also have two options for te1minating the contracts and these are contract
employees, which is what they sign on for. She stated if you have a City Attorney, you have every right to
decide you would prefer other representation. She stated it is not personal, it is the process; we are following
the process and it is a difficult one. She stated she has heard and seen an awful lot of hate and she doesn't
believe it has been coming from her because you have not heard her say anything derogatory about either of
these gentlemen and during the campaign a lot people tried to get her to say derogatory things about them and
she wouldn't and she won't. She stated that is not healing, not moving forward in a positive direction. She
asked everyone to please respect their neighbors, learn to communicate and actually talk without throwing
hyperbole and dramatic accusations around. She stated we can move forward positively. She stated not just
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 22
the Commission has to work together; the community has to work together. She stated when you get one of
those hate emails, just delete it, don't forward it; it doesn't do anyone any good and does not help.
Mayor Woods called for a roll call vote on the Resolution as amended.
Roll Call Votes:
Aye: 3-Hill, Beckenbach, Woods
Nay: 2-Mark, Daugherty
MOTION CARRIED
City Manager Jim Hanson stated it has been an honor to have served this City for the last 14 years and he has
been honored by a lot of speakers here tonight. He stated some of the speakers have been friends of his,
many he has met at various business dealings through the years, and many who spoke in favor of retaining his
and Alan Jensen's services he has never met. He stated he guesses he has to ascribe some of the comments
not at all to personal admiration for him but more to the reflection of their assessment of the shape of the City.
He stated, for that, he believes we all can be proud for what has been accomplished here over the last 14
years; there has been a lot of change. He stated the City is in a lot better shape and it has certainly been a
team effort from a lot of very good City Commissioners and a lot of great staff. He stated he appreciates the
kind comments but certainly can't claim that they were all these things of his doing. He stated, having said
that, there is a saying among City Managers that there are only two kinds of managers, those who have been
fired and those that are about to be fired. He stated terminations often occur fairly soon after an election; it is
a result of the democratic process. He stated most incumbents, if they choose to run for reelection, run on the
record of their accomplishments and challengers generally run a promise of change. He stated, generally as
part of that, they don't want anything to do with the old guard. He stated that is pretty common. He stated
voters wind up choosing which is best and oftentimes when you have a new group that results in te1minations
of the top staff, particularly in communities where there are great differences. He stated we have certainly
had a couple of factions in this community who seem to have great differences, which the Mayor just refened
to. He stated he agrees wholehemiedly that it is time for the Commission and the community to come
together; there has been way too much divisiveness over the last couple of years. He stated sometimes it
takes a couple of elections to change the makeup of an elected body sufficiently to make those kinds of
changes and that certainly happened here over the last two elections. He stated he respects the decision to
terminate him; it is ce1iainly within their right, but he respects that decision because he respects the
democratic process. He stated if you are going to be in his business you have to have a deep respect for that
process. He stated it may not be perfect but it is certainly the best system around and it is why we have the
military out fighting wars and what keeps them from having City Managers who wind up being dictators. He
stated he wishes them the greatest of success in moving forward with the community. He stated he has
devoted a considerable piece of his life to this community and a lot of extra hours. He stated his wife and he
have made Atlantic Beach their home, they have raised children here, both worked here and they both hope to
be able to retire here. He stated those are the reasons they want them to be successful, because they live here
too. He thanked them, stating it has been a great opportunity and a great community to live and work in.
Mayor Woods recessed the meeting at 9:44p.m.; she called the meeting back to order at 9:56p.m.
Item 6D was taken out of sequence and acted on at this time.
D. Resolution No. 13-18
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 23
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING NELSON VANLIERE AS
INTERIM CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read the Resolution in its entirety.
Motion: Approve Resolution No. 13-18.
Moved by Beckenbach, Seconded by Woods
Commissioner Hill stated he would like to put a timeline on this process. He stated he would like to discuss
what their expectations are as a board for filling the position. Mayor Woods stated her thought was to put
this on the agenda for January to start with some RFPs and in the meantime that will give all the
Commissioners time to work with our Human Resource Director to draft an RFP and talk to Mr. Van Liere
and see where they want to go with that. City Clerk Bartle stated her office is preparing the agenda for the
first meeting in January tomorrow because they workshop it on December 16. Commissioner Mark asked if
Mr. Van Liere had agreed to accept the position and the 10% increase or is it something that is up for
discussion. Mayor Woods stated everything is up for discussion, but it was something that was recommended
to her by the Human Resource Director. Discussion ensued.
Human Resource Director Cathy Berry answered questions from the Commission.
Mr. Van Liere answered questions from the Commission. Discussion ensued.
Votes:
Aye: 4-Beckenbach, Daugherty, Hill, Woods
Nay: 1-Mark
MOTION CARRIED
Mayor Woods asked that Mr. VanLiere join the Commission at the dais.
Item 6B was taken out of sequence and acted on at this time.
B. Resolution No. 13-20
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE FIRM OF KOPELOUSOS,
BRADLEY AND GARRISON, P.A. AS INTERIM CITY ATTORNEY AND PROVIDING AN
EFFECTIVE DATE.
Mayor Woods read the Resolution in its entirety.
Motion: Approve Resolution No. 13-20.
Moved by Beckenbach, Seconded by Woods
Motion: Amend to add under Section 1 C, the Interim City Manager and Human Resource Director
shall negotiate, the Commission approve and the Mayor shall sign a contract for services.
Moved by Woods, Seconded by Beckenbach
Discussion ensued. Commissioner Beckenbach read Rich Komando's resume. Further discussion ensued.
City Clerk Bartle read the amended motion and Mayor Woods called for a vote on the amendment as read.
December 9, 2013 REGULAR COMMISSION MEETING
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
AGENDA ITEM# lA
FEBRUARY 10, 2014
Page 24
Motion: Amend to add that the firm will appoint an individual Attorney to act as the City Attorney.
Moved by Daugherty
Discussion ensued. Ms. Berry explained that the advantage of hiring a firm is that you get a range of
attorneys and a range of fees. She stated you may need the top level partner who is going to charge
$700/hour for something but you may not want him to work on everything or your bill will be this big. She
stated each individual attorney, especially if they are partners, is liable for the whole firm's business.
After further discussion, Commissioner Daugherty withdrew his motion.
Mayor Woods called for a vote on Resolution No. 13-20.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0-
MOTION CARRIED
Mayor Woods opened the Courtesy of the Floor to Visitors.
The following people were in favor of the Human Rights Ordinance:
Helen Bradley, 91 Ocean Side Drive
Chris Lester, 625 East Coast Drive
Anne Harmon, 266 Pine Street
Heather Downs, 375 3rd Street
Donna Zimmerman, 1736 Ocean Grove Drive
Judy Sheklin, 1985 Brista De Mar Circle
B.J. Whitehead, 234 Poinsettia Street
Katie Armstrong, 1116 Links ide Court W.
Theresa Weatherford, 371 9111 Street
Dawn O'Connor, 611 Selva Lakes Circle
Debra Harmon, 611 Selva Lakes Circle
Sarah Bishop, 1308 Willow Branch Ave., Jacksonville
Karen Morian, 2043 Dunsford Terrace, Jacksonville
Michelle Mann, 1831 Riviera Parkway
Dan Merkan, 3159 College, Jacksonville
Payton Hopkins, 957 13 1li Ave. S., Jacksonville Beach
Sue Smith, 1620 Sunnyside Avenue, Jacksonville
James Eddy, 222 Lawton Avenue, Jacksonville
Natalie Nguyen, 1300 Hamilton Street, Jacksonville
Linda Huffman, 501 16111 A venue S, Jacksonville Beach
Bobbie O'Connor, 3654 Bridgewood, Jacksonville
Josh Johnson, 4460 Hodges Blvd., Jacksonville
December 9, 2013 REGULAR COMMISSION MEETING
Yvette Hyater-Adams, 312 4th Street
The following people were against the Human Rights Ordinance:
Linda Swafford, 9690 Taylor Field Road
Jim Stehr, 1752 Sea Oats Drive
William Lyon, 1125 Main St.
Don Peters, 1902 N. Sherry Drive
Sharon Krause, 4845 Plymouth St., Jacksonville
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 25
Raymond Johnson, 3036 Stratton Lane W., Jacksonville (distributed a book, The Agenda, to the Commission)
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
This item was taken out of sequence and discussed later in the meeting.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report, List of New
Business Taxes and Utility Sales Report for October.
B. Extend the Utility Contractor contract for one additional year to Gruhn May, Inc. at the current
contract prices, effective January 11, 2013.
C. Award the construction contract to F & G Construction for $39,848.00 to complete the
Tideviews ADA Trail using the funds in account 320-6040-572-6300 to fully fund the project
and authorize staff to sign associated paperwork.
D. Award the annual contract for Welding Troubleshooting and Repair to Hutchinson Welding &
Repair, LLC at the prices submitted in Bid No. 1314-01.
E. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No. 1213-
13) in the amount of $32,916.00 for one year, from November 1, 2013 through October 31,
2014, and authorize City Manager to sign the new contract.
F. Authorize the City Manager to sign the Radio Services Agreement between the City of
Atlantic Beach and the City of Jacksonville.
Mayor Woods read the Consent Agenda.
Commissioner Hill pulled Item E.
Motion: Approve Consent Agenda Items A-D, F as read.
Moved by Daugherty, Seconded by Beckenbach
December 9, 2013 REGULAR COMMISSION MEETING
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
AGENDA ITEM# IA
FEBRUARY 10, 2014
Page 26
Commissioner Hill reiterated that we are doing something that is not in our best interest by raking the sand
and would like to make that a non-standard procedure. He stated he would like to leave it as an option, but he
wants to stop raking for the sake of raking. He stated it is a legitimate way to pick up trash when there is a
trash problem but is also very destructive to our beach and would like to get out of the institutionalized
practice of taking away the largest natural barrier to erosion that we get annually as a gift from the ocean and
burying it under sand before it can do its job. He stated the service level has been excellent and the provider
is doing an excellent job but the raking has become obsolete, in his opinion.
Public Works Director Rick Carper stated the City changed the raking procedures two years ago and they
don't bury the sargassum; it is stacked up along the frontal edge of the dune where it actually contributes to
the growth of the dune. He stated all of the vegetable, animal, and mineral materials stay on the dune; they
don't take anything from the beach.
Discussion ensued regarding raking. Mr. Carper stated we are currently cleaning the beach by going on a
month-to-month basis on the existing contract. He stated if we say don't rake the beach, they will still get
paid for raking the beach anyway. He stated there is not a separate line item in the old contract for cost to
rake the beach. Mayor Woods stated we should continue on a month-to-month basis and the Commission can
get with staff and come back with some language before they discuss this again. Mr. Carper stated in ten
years he has had two complaints about the raking; he has had two complaints a month during the storm
season about not raking. He stated the citizens wants us to rake more when the sargassum is on the beach.
Discussion ensued.
Motion: Continue the contract for beach cleaning services on a month-to-month basis and bring this
up in the future.
Moved by Woods, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Item SA was taken out of sequence and acted on at this time.
A. Crosswalk on Seminole Road at David Street.
Mayor Woods explained the background of the request for the crosswalk.
Motion: Direct staff to create a crosswalk at Seminole Rd. and David St. and in the future bring back
recommendations and options to augment with lighted and new technologies for increased safety.
Moved by Woods, Seconded Hill
Discussion ensued. Commissioner Hill stated he would like to make this a strobe light crosswalk. Chief
Classey stated that some of those options are in the $20-30K range and that would take a significant budget
modification to put that type of technology there.
December 9, 2013 REGULAR COMMISSION MEETING
Commissioner Beckenbach left the meeting at 11:37.
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Item lOA was taken out of sequence and acted on at this time.
A. Human Rights Ordinance.
AGENDA ITEM# lA
FEBRUARY 10,2014
Page 27
Commissioner Mark stated at the last workshop it was the consensus of the Commission to move forward on
beginning to draft the language for the HRO and determine the different ways to enforce the ordinance. She
stated when they get a City Attorney on board that discussion will be taken up with them, because it is more
of a legal issue. She stated there have been several different options presented. She stated Charlene Hill, the
head of the Jacksonville Human Rights Commission, has agreed to give us a brief presentation on the process
of what they do and their purview in this. She proposed, if it is not timely to put that on the December 16
workshop that they do it in January.
Commissioner Beckenbach returned at 11:39.
It was consensus that they will have a presentation at the January 27 workshop. City Clerk Bartle asked if
this will be a workshop only item or will it also be an action item on the February meeting. Commissioner
Mark stated it should be on the agenda for February, because they may want to give an update at the
Commission meeting. Mayor Woods stated her intention is to look at this issue very carefully and they need
to get the language right so it is good for the entire community. She stated there are other communities that
have done this and she stated they can work something out if they work diligently at it. Commissioner Hill is
very interested in the enforcement side of it not falling under the Jacksonville Human Rights Commission, a
community that didn't pass the ordinance. He stated they should look at other options for enforcement.
Commissioner Mark stated they need to look at all options for enforcement which is why it is a legal
question.
Item 8B was taken out of sequence and acted on at this time.
B. Community Development Board recommendation on boats/trailers in front yards.
Mike Griffin gave a follow-up report on the number of boats out of the 49 they found during a survey that
could not be relocated on the property. He stated there were 4 boats that could not be relocated because the
side yard setback was too narrow. He stated he wouldn't see this as being a candidate for a variance because
it would be a condition that was created by the owner. He stated the requirements for a survey variance shall
not be granted solely for the personal comfort or convenience or relief from financial circumstances or relief
from situations created by the property owner. Discussion ensued.
Commissioner Daugherty stated he wants to extend the moratorium on enforcement of this ordinance until we
draft new language and asked the City Manager to provide an ordinance to change the wording from the
property line to the street line, which would address this concern. Discussion ensued.
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 28
Motion: Commission to meet with staff to draft new language to bring back to the Commission and
extend moratorium until the February agenda.
Moved by Daugherty, Seconded by Hill
Mayor Woods suggested that Commissioner Daugherty and staff discuss this and come back to the
Commission with a solution. Mr. Griffin stated this would have to go back before the Community
Development Board before it comes back to the Commission as an ordinance. Commissioner Mark stated
they originally had the Community Development Board look at this and specifically asked them to come back
with a recommendation, which they did. She stated she believes for the Commission to not uphold their
recommendation is slapping them in the face. She stated what was the point in having them look at this; why
didn't the Commission just do what they wanted to do. She stated she supports the Community Development
Board's recommendation; that's what they are there for and that's what we asked them to do. She stated if
we aren't going to uphold their decision based on what we already have in our Ordinance then what is that
saying to the community as far as their authority as the Board. ·
Commissioner Hill stated that speaks to the exact question; what is their authority and what is ours. It is ours
to make accommodations, if needed, from the Board and it's not that they don't take the recommendation
seriously. He stated it is the Commission's responsibility, it wasn't the Community Development Board's.
He stated we asked them but here we are with some pretty clear citizen issues that we are trying to address.
He stated he would definitely like to review it again and send it back through the process and get it right. He
stated he wants to handle it at the Commission level and not burden that Board with it. He stated it is a
change we have been asked to look at from our citizens and this is who we serve.
Commissioner Beckenbach stated they sent this to the Board because they wanted to make sure that the Board
looked at the Ordinance and came back to us. He stated once we start crossing that line and start putting a 20'
boat on a 25' trailer, with an engine that hangs out by 2', we are 7' into the right-of-way; we are opening
Pandora 's Box. He stated he doesn't want to change an ordinance for 5 people because they don't have a
large enough piece of property. Commissioner Hill agreed that picking an arbitrary number would not solve
it. He stated the footage of the boat is completely irrelevant, but the property line should be the guiding point
and the right-of-way issue should be part of that. He stated the intent is to accommodate a situation that we
created through the history of the way we let the neighborhoods develop. Discussion ensued.
Votes:
Aye: 3 -Daugherty, Hill, Woods
Nay: 2-Beckenbach, Mark
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 13-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT
OF ALAN C. JENSEN AS CITY ATTORNEY AND PROVIDING AN EFFECTIVE DATE.
This item was taken out of sequence and acted on earlier in the meeting.
AGENDA ITEM# 1A
FEBRUARY 10,2014
December 9, 2013 REGULAR COMMISSION MEETING Page 29
B. Resolution No. 13-20
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE FIRM OF
KOPELOUSOS, BRADLEY AND GARRISON, P.A. AS INTERIM CITY ATTORNEY AND
PROVIDING AN EFFECTIVE DATE.
This item was taken out of sequence and acted on earlier in the meeting.
C. Resolution No. 13-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE APPOINTMENT
OF JAMES R. HANSON, AS CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
This item was taken out of sequence and acted on earlier in the meeting.
D. Resolution No. 13-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING NELSON VANLIERE
AS INTERIM CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
This item was taken out of sequence and acted on earlier in the meeting.
7. Action on Ordinances
A. ORDINANCE NO. 20-13-126, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING
SEPTEMBER 30,2014, AND PROVIDING AN EFFECTIVE DATE.
Nelson VanLiere explained the Ordinance was amended to add $1,200 for videotaping eight additional
meetings.
Mayor Woods read Ordinance No. 20-13-126 in its entirety.
Motion: Approve Ordinance No. 20-13-126.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 90-13-220, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24
OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, ARTICLE III,
ZONING REGULATIONS, BY ADDING A NEW DIVISION 10, FLORIDA-FRIENDLY USE OF
FERTILIZER ON URBAN LANDSCAPES, AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 20-13-220 by title.
December 9, 2013 REGULAR COMMISSION MEETING
Motion: Approve Ordinance No. 90-13-220.
Moved by Daugherty, Seconded by Beckenbach
Mayor Woods gave a brief explanation of the Ordinance.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page 30
A. Crosswalk on Seminole Road at David Street (deferred from 10/28/13 Workshop).
This item was taken out of sequence and acted on earlier in the meeting.
B. Community Development Board recommendation on boats/trailers in front yards.
This item was taken out of sequence and acted on earlier in the meeting.
C. Request for a Waiver from City Code Section 19-7 Driveway Limitations to allow a Circular
Driveway on a Lot with Less Than 100 Foot Frontage.
Public Works Director Rick Carper explained the request for waiver stating the applicant will not exceed the
50% impervious limit on their lot.
Motion: Approve request for Waiver City Code Section 19-7 Driveway Limitations to allow a Circular
Driveway on a Lot with Less Than 100 Foot Frontage (344 Plaza Drive).
Moved by Daugherty, Seconded by Mark
Mr. Carper answered questions from the Commission.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
D. Mayor Pro-Tem Appointment.
Mayor Woods nominated Commissioner Mark Beckenbach to be the Mayor Pro-Tem.
Motion: Appoint Mark Becken bach as Mayor Pro-Tern.
Moved by Woods, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
December 9, 2013 REGULAR COMMISSION MEETING
E. Board Member Review Committee Appointment.
AGENDA ITEM# 1A
FEBRUARY 10,2014
Page 31
Mayor Woods recommended that they appoint Commissioner Jimmy Hill to the Board Member Review
Committee.
Motion: Appoint Commissioner Jimmy Hill to Board Member Review Committee.
Moved by Woods, Seconded by Beckenbach
Commissioner Hill stated he wanted to make sure that no one else is interested in this before he accepts the
nomination. He stated if there is someone else who wants to take the position, he would rather them have it
because he is new. He stated if that is not the case he would be honored to take it and serve in that capacity.
Commissioner Daugherty stated he has been doing this for two years and believes they have a great team and
work well together and would be more than happy to remain doing it. Commissioner Hill withdrew his name
and moved to nominate Commissioner Jonathan Daugherty.
Motion: Reappoint Jonathan Daugherty to the Board Member Review Committee.
Moved by Hill, Seconded by Woods
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
F. Report on Activities of the North Florida Utility Coordination Group (NFUCG) and approval
to sign the Joint Defense/Common Interest Agreement.
Donna Kaluzniak summarized her staff report explaining the Joint Defense/Common Interest Agreement and
asked the Commission for permission to authorize the Mayor to sign the agreement. She answered questions
from the Commission.
Motion: Approve the North Florida Utility Coordination Group Joint Defense/Common Interest
Agreement and authorize the Mayor to sign the agreement.
Moved by Mark, seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
G. Marsh Multipurpose Path Design and Permitting RFP #14-03.
Mr. Carper stated staff evaluated seven proposals and his recommendation is that the Commission authorize
staff to conduct oral interviews with these two fi1ms this week and a recommendation will be made to the
Commission by Friday. He further stated staff requests they make this a special meeting item for December
16.
AGENDA ITEM# 1A
FEBRUARY 10, 2014
December 9, 2013 REGULAR COMMISSION MEETING Page 32
Motion: Authorize staff to conduct oral interviews with the two recommended firms this week and
present a recommendation to the Commission by Friday and make this a special meeting item for
December 16.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report.
None.
10. Reports and/or requests from City Commissioners and City Attorney
A. Human Rights Ordinance.
This item was taken out of sequence and acted on earlier in the meeting.
B. Discussion concerning AudioNisuall Logistical Issues at meeting locations throughout the
City.
Motion: Defer to the workshop on December 16,2013 and regular meeting on January 13,2014.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
C. Videotaping meeting/additional budget.
This item was added to the budget amendment discussed earlier, therefore discussion of item was withdrawn.
D. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial
construction within a residential community on Sundays.
Motion: Defer to the workshop on December 16,2013 and regular meeting on January 13,2014.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
E. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial
lawn service companies before 9:00a.m. or after 7:00p.m. on Saturdays and Sundays.
December 9, 2013 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
FEBRUARY 10, 2014
Page33
Motion: Defer to the workshop on December 16, 2013 and regular meeting on January 13, 2014.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Item 3A was taken out of sequence and acted on at this time.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
Mr. Carper summarized the City Manager's report on the Salt Air Project. He explained the survey that was
sent to the residents in Salt Air.
Commissioner Daugherty
• Asked staff to prepare an RFP for a search firm for the City Manager. Mayor Woods stated between
now and then the Commission should all get with the City Manager and Human Resource Director to
discuss. This will be discussed at the January workshop for the February meeting. This will also be a
discussion item as a workshop only item for the December 16 workshop.
• Stated he disagrees with the actions taken tonight on the terminations of Alan Jensen and Jim Hanson
but will work with the Commission.
• Reminded everyone of the groundbreaking for Rose Park this Saturday at 10:00 and suggested
inviting Mayor Borno.
Commissioner Beckenbach
• In response to a citizen's request, he declared he was the Treasurer for Friends of Old Sherry
Wilderness Preserve before he was a Commissioner and that he and his wife donated money to them.
He stated when he was going to take office he resigned from the group and did not donate after that
time.
Commissioner Mark
• Referred to letter from Kathleen Bailey at Beaches Leader regarding a possible Sunshine violation and
asked that the Commissioners not send any emails directly to the Commission but send them rather to
Donna Bartle for distribution. She stated she hopes they would adopt a rule on how they deal with
emails.
• Stated for Commissioner Hill's benefit, unless there is an emergency, phones are kept off the dais.
Commissioner Beckenbach
• Stated, if Mr. Komando does become the representative for the attorney group as our City Attorney,
he was teaching Sunshine Laws and wants him to present these to the Commission as a group.
Commissioner Mark stated there is also new legislation that was passed in the State on continuing
education on ethics which may be something they should combine with the Sunshine Laws.
December 9, 2013 REGULAR COMMISSION MEETING
Commissioner Hill
AGENDA ITEM# I A
FEBRUARY 10,2014
Page 34
• Thanked everyone for helping him in the early stages and stated they should get together as a team
and move forward from here.
• Thank Commissioner Mark for her comment about cell phones and explained why he had his on at the
dais.
Mayor Woods
• Stated the Resolution sent to Jacksonville on annexation had a time period in it that was going to lapse
before they are able to get to it because of their meeting schedule so we need to amend that Resolution
for another 60 days. It was the consensus to add to the Special Meeting on Monday, December 16.
• Stated she hopes everybody is willing to move forward toward reconciliation and believes we did
great work here tonight moving through this. She stated they might even consider some team building
exercises with not only the Commission but upper level staff as well so we are all communicating
better. She stated there has been a long period of poor communication and she would like to see that
eradicated before we move into our strategic planning, etc.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 12:35 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
*A Workshop was held on November 25, 2013 for the purpose of discussing these items. Please refer to the
Workshop Minutes for the previous discussion.
MINUTES
*REGULAR CITY COMMISSION MEETING
January 13, 2014
IN ATTENDANCE:
Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
Call to Order/Pledge:
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson Van Liere
City Attorney Richard Komando
City Clerk Donna Bartle
Recording Secretary Nancy E. Bailey
AGENDA ITEM # 1B
FEBRUARY 10,2014
Mayor Woods called the meeting to order at 6:30p.m. Mayor Woods gave the Invocation, followed by the
Pledge of Allegiance to the Flag.
Item 2 was taken out of sequence and acted on at this time.
2. Courtesy of Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She polled the audience to see if they wanted to
have 5 or 3 minutes to speak tonight. They voted for 3 minutes. Mayor Woods welcomed Bill Gulliford,
Jacksonville City Council President and former Atlantic Beach Mayor, who was in the audience.
Bill Gulliford, 75 Beach Avenue, stated he was here representing Beaches Habitat, as last year's chairman
and still a member of the board. He gave a brief history of the 20+ years of Beaches Habitat being in the
Francis Street neighborhood stating it has made a transformation in the neighborhood. He stated he was in
support of the development at 201 Mayport Rd. and believes it will be an improvement to the area. He stated
Beaches Habitat is committed to doing it right and making it a project that the community as a whole will be
very proud of. He stated in the process they will bring in good citizens for Atlantic Beach.
Judy Beaubouef, 1209 Beach Avenue, addressed Dr. Montgomery's proposal stating she never dreamed we
would be asked to pay for this. She stated since this Commission took office there have been actions that
have been breathtaking for their vindictiveness and divisiveness. She stated the very first resolutions
proposed by the Mayor were to fire two very long-term, hard working men, Alan Jensen as City Attorney and
Jim Hanson as City Manager. She stated these resolutions, as originally drafted by the Mayor, contained
astonishingly harsh language, banishing these gentlemen from ever in their lifetimes working or contracting
with the City. She further stated the Mayor refused to postpone the workshop discussion so one of the
Commissioners, who was to be out of town, could participate. She stated the replacements for City Attorney
and City Manager were handpicked by the Mayor despite some Commissioners' requests for a process to vet
applicants. She stated now we see that despite assurance that the selection vetting process would be
conducted, the Mayor proposes to simply keep these handpicked replacements in place. She further stated the
Mayor also removed Commissioner Mark, who had opposed the Mayor, from her position as Mayor Pro Tern
and appointed Commissioner Beckenbach, who supported her, to the Mayor Pro Tern position. She stated the
Mayor also sought to remove Commissioner Daugherty, who also opposed her, from his leadership position,
but that failed because Commissioner Hill declined to take over this position. She stated, now having
conducted a scorched earth campaign, the Mayor asks the citizens of Atlantic Beach to pay for a professional
psychologist for team building, for which the bill would be about $4,000, and to actually conduct the team
building would be thousands of dollars in addition. She stated the actions taken by this administration in
terminating the City Attorney and City Manager will cost the City approximately $200K in severance and
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# lB
FEBRUARY 10, 2014
Page2
related expenses and now we are being asked to pay for the failure of leadership. She stated she objects to
taxpayers being charged for this.
Steve Kallao, 552 Dutton Island Rd., addressed the Commission regarding the Habitat proposal for the
project at Mayport Road. He stated the project, as proposed, requires 13 waivers to Atlantic Beach
development standards. He stated if Atlantic Beach decides not to grant these waivers, Habitat can go back to
the drawing board and design a project that will meet Atlantic Beach development standards and build a
project that does not require the permission of Atlantic Beach. He stated he has seen the proposed site plan
and it is obvious that Habitat is trying to maximize the density while still maintaining a residential ambience.
He stated considering this project has such high visibility for Mayport Road, he believes the site plan and
architectural drawings are lacking in quality of design and development form. He asked that the Commission
consider the potential for this site regardless of who develops it.
Jolyn Johnson, 2322 Beachcomber Trail, addressed the issue of the psychologist. She stated she thought
this issue was resolved when they got a new Commission and if it's not she would like them to pay her
$3,000 and she will tell them how to behave. She stated she is four square against that. She also addressed
the HRO asking that they think about what may happen in the long run.
Sally Clemens, 1638 Park Terrace West, addressed item 10D, stating they vote on elected officials because
they think those elected have the courage, fortitude, experience, expertise, background and common sense to
research and solve our City's problems. She stated discussion should ensue so the result is the best for all the
citizens of Atlantic Beach. She stated this is the second time our Mayor has endorsed professionals she
thinks necessary to move our City forward without discussion. She stated tonight there will be discussion and
asked if this is putting the cart before the horse. She stated the State of Florida and Jacksonville offer two
leadership courses under $200, plus a seminar is offered to identify your mission and how to accomplish it for
$99. She further recommended Dale Carnegie's book, How to Win Friends and Influence People, which
teaches participants the importance of communication and our library has copies of this book and other
informative books. She stated if the elected officials feel counseling is needed to move forward, she suggests
that each individual either read such material or take a course. She stated she believes government cannot run
like a business because business uses its own funds to train and enhance employees' abilities and government
uses taxpayers' monies. She stated also businesses may fire incompetent employees but government officials
who are incompetent are secure until the next voting cycle. She asked that they have an open and forthright
discussion on item 10D.
Jane Kosut, 1969 Sevilla Blvd. W., spoke in support of the HRO, stating when the committee is formed to
see that it is enforced she would be glad to serve.
Theresa Weatherford, 371 9th Street, stated she believes we need a Human Rights Ordinance.
Bobby Raymond, 380 9th Street, spoke in support of the Beaches Habitat project at 201 Mayport Road. He
stated, with the Beaches Habitat work that has been done on Francis Street, he now sees pride of ownership.
He stated when he goes by a Habitat community that is something he sees consistently. He stated the people
take good care of their homes and the Habitat organization does a fantastic job of building a good community.
He encouraged the Commission to vote to pass the zoning request for 201 Mayport Road.
Marla Buchanan, 1771 Sea Oats, stated she is in opposition to the request to delay the search for the City
Manager and City Attorney for six months. She stated, when they were fired, it was under the guise that we
would immediately begin a search and there is no reason she can see to delay the process.
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1B
FEBRUARY 10, 2014
Page3
Brian Wheeler, 9822 Tapestry Park, Land Planning/Engineering Agent for Beaches Habitat, stated he
and the technical team who put the project together are here and available for questions should they arise.
Marlene Tackett, 1101 Cornell Lane, stated she is a Beaches Habitat homeowner, has lived in her home for
10 years and is very proud of her home. She stated when she first moved to Cornell Lane they had a lot of
issues with drug dealing and prostitutes but since they have lived there they have cleaned it up and have no
more issues. She stated they are good people, they are working people but fell under hard times when they
couldn't afford an apartment. She stated they applied for Beaches Habitat and now she and her three children
have a beautiful home to live in. She stated people have misconceptions about Habitat. She stated they also
provide beautiful programs for the kids to make sure they are doing well in school. She stated she would love
to have a community next to hers with other Habitat homeowners.
Greg Gause, Advantage Plumbing, 880 Mayport Road, stated he has been involved with Habitat for about
15 years and the last 10 years he has done all of the plumbing for them. He stated he hears about the
substandard housing and the way it's built. He stated he walks those houses in all different stages as it is
being built and there are some tough inspectors here. He stated they take pride in their job and they apply the
same rules for a $2 million house on the ocean as they would for a Habitat house. He stated they are built just
as good as any other house; they have to pass every inspection that other builders have to pass. He also stated
the people who volunteer with their time and effort take pride in doing that. He stated this is a beautiful
community that is about to be built here. He stated he has watched Habitat invest in lives and change lives
and this is going to be a good fit for this community. He stated Habitat has been blessed with the right people
on their board and in the construction department to really take this to the next level and be prideful of what
they are going to build here. He stated he knows they will take every effort to make sure this is to the
standards the City wants. He stated they know this eyesore has been here for so long and so many people
have wanted something beautiful there. He stated this is number one on their agenda, to make this a beautiful
thing. He stated the Commission is in control of either squashing the possibility of 80 families and children
having a home or changing lives, which is what it is about.
Carol Chestnut, 700 Ironwood Drive, stated she is a volunteer with Beaches Habitat and represents the
Beaches Habitat Support Committee tonight. She explained their mission and detailed the various workshops
they hold for their partner families to prepare them to be first-time homeowners.
Mike Whelan, 1420 Mayport Road, spoke against the multi-family project. He stated Habitat 1s a
wonderful organization and he is all for the single family Habitat home, not the eight headed monster.
Lance Folsom, 1022 N. 23rd St., Jacksonville Beach, addressed the Beaches Habitat project stating he
believes it is a good idea and goes along with the comprehensive plan's idea to have a walkable community
and to make it family-friendly. He stated when he was sent down to Homestead, Florida in 1992 to help them
rebuild after Hurricane Andrew they took them on a tour of the devastation and they came to a subdivision
where most of the houses were pretty much in tack and were told that was their Habitat subdivision. He
stated the guy said, well, those volunteers don't know when to quit using nails. They use a whole lot more
nails than the contractors. He stated, for whatever reason, they are well built and that goes true for any
Habitat development. He stated he does not believe they are substandard. He also stated they are not low
income into perpetuity; after five years they can be sold to anybody. He stated he also went to Orchid Street
and the nicest houses on the street were the Habitat houses. He stated he also went to Scheidel Court and the
Habitat houses there have held up really well; they are well maintained and well constructed. He stated he
hopes the Commission approves this; he believes it would be good for the City.
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1B
FEBRUARY 10, 2014
Page4
Don Ford, 338 6th Street, former building inspector for Atlantic Beach, stated he loves Habitat but he
believes they are not maintaining them and distributed pictures of problems he took in a drive by. He stated
things you would normally put in a storage area are out in the front yards. He stated the proposed units have
no large storage rooms, garages, or carports and believes this is a very poorly designed project from a
building inspector's standpoint. He further stated, from a safety standpoint, putting all of these families out
on Mayport Rd. at one of the craziest intersections we have in this town is not safe. He stated they need to go
back to the drawing board; they don't need 13 variances from our zoning code.
Linda Lanier, 1768 Park Terrace W., disclosed she is a member of the Community Development Board.
She listed many attributes of Atlantic Beach and asked that they vote in favor of the Human Rights
Amendment. She stated they will be publicly stating that all of these wonderful things about our community
are here for everybody.
Carlos Jones, 551 Vikings Lane, addressed the HRO issue stating he is opposed to the ordinance because all
of our citizens are afforded equal rights. He stated equal choice is a different thing and he believes it should
be treated as choice and not as human rights. He asked that they decline adding another law on the books that
would wind up in needless litigation.
Dick Hilliard, 338 11th St., stated he loves what Habitat does with single family homes but has a problem
with the way the developer is trying to jam it into this area. He further stated the City should accept part of
the problem for the place being as blighted as it is, because when they condemned the buildings they made
them tear down the buildings but not the foundations and not the slabs. He stated if they had been taken out it
could be a mowed lot and not as bad as what it has been for years. He stated this development does not have
a water retention system that is accepted by water management at this time and they intend to use a waiver
from water management because there used to be something built on this property that no longer exists. He
further stated they are going to use pervious pavers for driveways and alleyways that will allow oil, gas, etc.
to go directly into the ground, not to a retention pond. He stated he believes this is a bad idea and would like
to see them stay with single family homes in the City of Atlantic Beach.
Matthew Warhurst, partner family with Beaches Habitat, stated his house has not been completed yet but
will be located on 1oth Street. He stated this program has completely changed the way he views his life and
the way he works and those of his children also. He stated this is a way to allow people to achieve the
American Dream and it incenses him that it would even be thought of to put off this project any longer than it
has to be, because there are a lot of tax dollars to be brought into the City without the City having to do much
of anything at all. He stated please help somebody out; you are helping future generations and the
community itself also.
Karen Kempf, 1501 Challenger Court W., addressed the evaluations for the employees who report to the
City Commission-City Clerk, City Manager and City Attorney. She stated evaluations are essential tools for
the promotion of effective decision making throughout the City organization, they clarify roles and
responsibilities, improve communications between the Commission and employees and enable the
Commission to set meaningful goals and objectives for the employee for the coming year. She stated she
believes Cathy Berry is capable of compiling some foundational evaluations that can be used now and revised
over time. She stated she thanks Commissioner Beckenbach for supporting this effort in employee
improvement and responsibility. She further stated she saw no park, club house or community center for the
residents in the Habitat development and believes that is critical.
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# IB
FEBRUARY 10, 2014
PageS
Donna Rex, 1734 5th Avenue N., Jacksonville Beach, President of Beaches Habitat for Humanity,
announced they will be holding a public meeting on January 22 at 6:30p.m. at Jordan Community Center to
answer questions about the Habitat project. She also thanked the homeowners who have worked very hard to
get into their Habitat homes. She also thanked the Commissioners for their thoughtful consideration of their
request and for the time they have committed to this consideration. She stated they are proud of the plans for
the new development and are here to answer any questions.
Dee Reiter, 1798 Selva Marina Drive, addressed items 8J and 8K, stating they have to open up the process
for hiring the City Manager and City Attorney and put it out for bid. She further stated in terms of the cost,
bidding and opening it up helps with the cost of it. She stated, contrary to information that has been
disseminated in the community, the most Alan Jensen charged over the last three years, including his health
insurance, was $75,000/year. She stated right now we have an interim agreement to pay the City Attorney
$96,000/year plus whatever else they charge over and above that. She also stated she objects to the
suggestion by the Mayor/Commissioner to get a psychiatrist to help everybody get along. She stated if there
is a problem she does not believe the City should pay for her need for counseling to learn how to get along
with other people. She stated if she is going in that direction maybe she should have thought about doing that
before they fired the City Manager and City Attorney. She stated if she couldn't get along with them then
maybe they should have had this team building kumbaya approach and figured out how to get along with
them. She stated the problem doesn't appear to be with them because they are gone and you still have a
problem, from the Mayor/Commissioner's perspective, of how to get along with people. She stated she very
much objects, and most of her neighbors object, to using City money to pay for a psychologist to come in
here and help you learn how to get along. She stated she was elected as the Mayor and some of that comes
with the responsibility of putting aside your personal issues and learning how to function and govern
appropriately in a mature manner. She stated for that reason she hopes that idea gets canned and does not get
passed.
David Dally, 723 Sherry Drive, spoke in support of the Habitat project. He stated Habitat for Humanity is a
great company and as a volunteer he enjoyed every minute of pounding that extra nail. He stated the HRO
was voted down in Jacksonville and he sees no reason to change the law to please people.
Steve Haerter, 106 19th Ave. S., Jacksonville Beach, spoke in favor of the Beaches Habitat rezoning and the
proposed Human Rights Ordinance. He thanked Commissioner Mark for introducing the Human Rights
Ordinance and hopes the Commissioners will be responsive to the business community and to the long line of
individuals who have come forward in support of it. He stated it is long overdue in the beaches community
and it is wonderful to see that the City of Atlantic Beach is taking leadership on this. He further stated there
is a well known organization called Habitat for Humanity International that has thousands of affiliates
worldwide and you don't have to leave Atlantic Beach to find one of the best of those right here on Mayport
Road. He stated they have built 257 new homes in the past 25 years and rehabbed about 40 more. He stated
Beaches Habitat builds homes for the valuable and skilled workers in our community who wages simply do
not support the market price of homes in this area. He stated they need approval for their latest development
concept proposed for the Atlantic and Mayport intersection. He stated Beaches Habitat is a valued asset to
the beaches communities and provides a service no one else is providing. He stated, in conclusion, keep the
Ferry and Trolley going, pass the Human Rights Ordinance and suppmt one of the best Habitat affiliates in
the world.
Diana Townsend, 266 Poinsettia St., spoke in support of the HRO stating she can't imagine why Atlantic
Beach would not want to pass it knowing the inclusiveness and compassion of this community. She stated
she is also in complete support of the Habitat for Humanity zoning request. She stated they will work with
January 13, 2014 REGULAR COMMISSION MEETING
AGENDAITEM# IB
FEBRUARY 10,2014
Page 6
the Commission to work out whatever problems there are because Habitat is that kind of organization and
cares about people.
Kirk Hanson, 2393 Ocean Breeze Ct., stated whereas the Commission had the right to frre the previous City
Attorney they also have the responsibility to hire the new City Attorney at the most competitive price
available. He stated they don't know if $8,000/month for just the retainer fee is competitive until they bid it
out in the market. He stated he hopes they wouldn't even consider contracting for $1 OOK +/year in services
without competitive bids. He further stated regarding bringing in a psychologist to help them work together,
they fired the City Manager and City Attorney because they couldn't get along with them and now they need
to have a psychologist come in to help them get along. He stated you wonder where the problem really lies.
Richard Selby, 3 Forrestal Circle, N., stated he has nothing against Habitat but until they get a DOT traffic
report they should not approve this because they will have total gridlock on Mayport Road. He stated this is
not against Habitat, this is against traffic problems they are going to cause by allowing this to be built at this
time. He asked if anyone has thought about how many school buses will be tying up Mayport Road, because
not all of the kids will be going to the same schools, and they could have that road tied up for hours with
buses stopping to pick up kids.
John Emery, 840 Bonaire Circle, Jacksonville Beach, past president of Oceanside Rotary, stated they
support the Habitat project and the community in general. He stated their biggest fund raiser every year is
their golf tournament and 50% of the money they make goes to Habitat at the beaches. He stated they have
volunteered to build many of these houses that Habitat builds at the beaches and fully support the project at
201 Mayport Road.
Atillio Cerquera, 36 W. 6th St., spoke in opposition to the Habitat for Humanity project but stated the
organization in general is a fantastic organization and he has nothing against Habitat. He stated the problem
he has is with this community they are proposing to build, which has no garages or adequate storage. He
stated if they could cut down on the amount of houses and put adequate storage, he believes it would be
doable. He stated with the amount of units and density they are going to have, he doesn't believe it will be an
adequate situation for Atlantic Beach.
Aaron Sheklin, 428 Amsterdam Ave., NYC, spoke in support of the Human Rights Ordinance. He stated
he looks forward to this community being the first in Jacksonville to pass the HRO. He stated when young
adults seek out places to live they seek out communities that are inclusive and represent those who make up
the community. He stated it will be amazing to be a member of this community when it is forward thinking
and welcoming to those who continue to inhabit this community. He asked that they please continue to move
forward to pass this important legislation.
Judy Sheklin, 1985 Brista De Mar Circle, spoke in favor of Habitat and their project and also spoke in
support of the HRO, thanking the Commission for moving forward on this and stating, lets be the next
community to include these protections as part of our City Charter.
Archie Jenkins, 174 San Juan Drive, Ponte Vedra Beach, asked the Commission to support the Habitat
Project at 201 Mayport Road. He stated he helped start Beaches Habitat in 1991 and stated if they want a
good example of how their product looks 22 years later, walk down Francis Avenue. He stated this is not a
HUD project at all; it is true home ownership. He stated these are great middle class Americans who may be
down on their luck and need a hand up not a hand out and they give that to them and it works. He explained
they have to put down a modest down payment, have 300 hours of sweat equity and must carry a mortgage.
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# IB
FEBRUARY 10,2014
Page 7
He stated Habitat's most recent delinquency rate on mmtgages over 60 days past due is 1.8% compared to the
average of 9% in the State of Florida. He asked that the Commission consider this and vote for it. He stated,
if they give them the oppmtunity, they can work out the issues and he believes it will be a true gateway onto
Mayport Road and something they will all be proud of.
Sandra Eason, 4370 Edenfield Lane, Jacksonville, stated she is a board member for the Florida Pest
Management Association and a cettified instructor for the FDEP Florida Friendly Landscape Best
Management Practices and she was here in suppoti of the FDEP Florida Friendly Use of Fertilizer on Urban
Landscapes, as it is written.
Dean Traylor, 22801 NW 41st Avenue, Lawtey, spoke in suppmt of the model fettilizer ordinance and
adoption, as written. He stated the model ordinance is based on good sound science. He stated the lawn care
industry has adopted the BMPs, they believe in it, have tailored their business to it and ask that they adopt the
ordinance as written. He distributed a copy of the BMPs to the Commission.
Jeremy Maneol, 8541 Mathonia Avenue, stated he is a lawn care professional and suppmts the FDEP
model fettilizer ordinance as it is written. He stated science does prove that applying the fettilizers during the
growing season is the best time to do so because you have better nutrient absorption, your grass will grow
better and it will prevent more run-off and pollution and help protect our waterways more.
Jay McGarvey, 81 Ponte Vedra Blvd., PVB, Chahman of Board of Beaches Habitat, referring to a handout
from Donna Rex (which is attached and made pati of this Official Record as Attachment A), he pointed out
several of the bulleted statistics related to Beaches Habitat stating he wanted them put on the record.
Jess Osborn, Statewide Outreach Coordinator for Equality Florida, 715 Trecker Ave., Jacksonville,
addressed the HRO reporting that the Florida Business Coalition for a Competitive Workforce made a
statement today in suppoti of the Florida Competitive Workforce Act, which is a bill very similar to the HRO
she is working to try to pass here in Atlantic Beach.
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
Item 8E was taken out of sequence and acted on at this time.
E. Rezoning for SPA -13-001000715,201 Mayport Road.
Mayor Woods clarified what they are doing tonight is deciding whether to move fmward and if the
Commission moves in that direction, there will be two readings and a public hearing on this issue yet to
come.
Redevelopment and Zoning Director Jeremy Hubsch distributed a DOT traffic study to the Commission
stating they did analyze this and determine that the project as designed would be able to meet the level of
service. He presented and explained slides on the revised SPA Site Plan which now included a community
center; the SPA Required; and the Potential Uses of Land. He, Mr. Carper and Mr. Wheeler answered
questions from the Commission. Mr. Carper explained the various traffic levels stating this is not impacting
DOT's road by DOT standards. Mr. Hubsch explained the waivers requested. Mr. Carper further explained
the waivers for pavement width. Chief Classey discussed safety issues and on-street parldng. Mr. Wheeler
addressed the drainage, stating the project will have a vault system; and the issue of emergency vehicles
getting access on the streets. Mr. McGarvey explained the perimeter fence. Discussion ensued
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# IB
FEBRUARY 10,2014
Page 8
Motion: Review recommendation of the Community Development Board for consideration to draft
ordinance amending zoning to this Special Planned Area.
Moved by Mark, Seconded by Daugherty
Discussion ensued. Mr. McGarvey explained he made a misstatement regarding how their mortgages are
structured, stating after the first five years the homeowners can sell their house at the market, with Habitat
having the first right of refusal to buy at the market price. He further explained their draft covenants do not
allow rentals. Ms. Rex gave an example of when Habitat did not buy back a house. Further discussion
ensued.
Commissioner Mark stated she would like to amend her motion.
Motion: Amend to add, direct staff to prepare an ordinance reflecting the Community Development
Board's recommendations.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 1-Hill
MOTION CARRIED
Discussion ensued. Ms. Rex reiterated their meeting to answer questions will be on Wednesday, January 22,
at 6:30p.m. at Jordan Community Center, 1671 Francis Ave. Mayor Woods called for a vote on the motion
to review the recommendation of the Community Development Board and direct staff to prepare an ordinance
amending zoning to a Special Planned Area using the Community Development Board's recommendation.
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 1-Hill
MOTION CARRIED
Mayor Woods recessed the meeting at 8:53p.m. She reconvened the meeting at 8:59p.m.
Items 8J and 8K were taken out of sequence and acted on at this time.
J. Report on options for a process to recruit and select a city manager.
Human Resource Director Cathy Berry stated after meeting with all of the Commissioners, the consensus was
to narrow it down to two options which she explained. She stated her recommendation would be to issue an
RFP.
Motion: Direct the HR Director to prepare an RFP for an executive search firm to assist in the
recruitment of a permanent City Manager.
Moved by Daugherty, Seconded by Mark
Mr. Hill asked that the criteria not exclude the acting City Manager and be based on items that don't
specifically exclude him. Ms. Berry stated the Charter, which the Commission can't change, spells out the
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# lB
FEBRUARY 10,2014
Page9
qualifications for the minimum requirements of the City Manager. Mayor Woods asked the City Attorney if
Mr. Van Liere meets the requirements, as he understands the Charter. City Attorney Komando stated in his
interpretation, yes he does. Commissioner Mark stated our Charter is very specific about the minimum
requirements of our City Manager and she begs to differ, stating this is nothing personal to Mr. VanLiere but
we are obligated to follow our Charter. She asked the City Attorney, are we not? Mr. Komando stated yes.
Commissioner Mark asked what repercussions could we possibly expect if we don't follow our Charter and
we put someone in that position who does not meet at least minimum requirements. Mr. Komando stated
other than what is outlined in the Charter they could open themselves to liability and a lawsuit.
Commissioner Mark stated specifically, Article 3 Sec 2, states they should have a BA degree in public
administration. She stated she believes Mr. VanLiere's degree is in Public Accounting. She stated second,
which to her is the most important qualification is to have not less than 3 years of administrative experience
as a city or county government chief administrative or executive officer or as an assistant or deputy city
manager. She stated in her discussions with other elected officials and city managers and in just looking up
definitions of a chief executive officer, clearly Mr. Van Liere's experience as our Finance Director would
certainly qualify him to be our CFO but she does not see how it would qualify him to be our CEO. She stated
she believes they are opening themselves up for potential legal recourse. She stated she only says that
because she does not want Mr. VanLiere to go through the process and then it be determined that he doesn't
meet the qualifications according to our Chruier. Mayor Woods asked Mr. Komando to give his rationale for
why he stated he thought Mr. VanLiere did meet the requirements. Mr. Komando apologized stating the
actual criteria for the City Manager is missing from the copy of the ordinances that he has. He stated,
however, based upon his reading of the Charter, he would need to know what criteria other than his chief
executive experience is she referring to. Ms. Beny stated it boils down to the definition of a chief
administrative officer and whether you consider that to be the City Manager or you consider that to be a
department head. Mr. Komando stated it says possession of at least a baccalaureate degree in public
administration or a directly related field, which he interpreted his degree to be from a related field; not less
than 3 yeru·s of administrative experience as a city or county govemment chief administrative, which he does
not believe he's qualified for; however, he does qualify as an executive officer as the director of finance; a
graduate degree acceptable to the City Commission may be substituted for not more than one year of the
required experience and two additional years of experience acceptable to the City Commission may be
substituted for each education toward a baccalaureate degree up to a maximum of eight years. He stated his
understanding of the interim city manager's qualifications is that he meets every one of those. Commissioner
Mark disagreed stating Mr. Van Liere has not been in a chief executive officer's position; he has been a
department head, the fmancial director of the Finance Department. She stated she would not be comfortable
in saying that you could take that experience and overlay that as having the chief executive officer experience
that is required in #2 because he has not been an assistant or deputy city manager in any of those years
serving as the financial director, as far as she knows. She asked Mr. VanLiere to please conect her if she
was speaking out of turn. Mr. Van Liere stated he has not been an assistant; she is conect. Mayor Woods
asked that #2 be read again. Mr. Komando stated it says not less than 3 years of administrative experience as
a city or county government chief administrative or executive officer or as an assistant or deputy city
manager. Mayor Woods stated so the debate here is chief administrative officer or chief executive officer.
Commissioner Hill stated his intention with his original comment was to make sure they don't exclude him
beyond the Charter and the Charter is pretty clear. He stated they just don't pile anything additional, if they
can avoid it, by hiring a firm that makes the list. He stated the criteria will be built by the firm; although the
Charter defines it, they may add stuff. Commissioner Mark stated that is what the Commission does, the
search fitm does not do that. Commissioner Beckenbach asked if the executive officer would be the chief
financial officer of the City and he believes Mr. Van Liere has been the chief fmancial officer for how long.
Mr. Van Liere stated 15-16 years. Commissioner Beckenbach stated that is an executive officer.
Commissioner Mark stated no, CFO is not the same as a CEO. She stated if you look at the definitions of a
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM # IB
FEBRUARY 10, 2014
Page 10
CFO and a CEO, who is the one who runs the city and has the management and administrative experience,
they don't transfer. She stated he could certainly be our chief financial officer, but as far as our chief
executive officer, he has not held any position as far as a deputy or assistant city manager in any of his
positions. She stated they have all strictly been financial. Commissioner Beckenbach asked why then would
there be an administrative or executive officer. He asked if she is saying that the City Manager is both the
executive officer and chief administrator, therefore those two are synonymous. Commissioner Mark stated
she can't answer why those were put into this Charter, she wasn't here when it was drafted; she is just saying
she knows that the difference of running a city as its chief executive officer is distinctly different and
probably why they added it, to clarify even more that they have assistant or deputy city manager experience.
Commissioner Beckenbach stated he believes you have government chief administrative or an executive
officer of an assistant or deputy city manager so his feeling is that you can be an executive officer as far as
finance is concerned. Commissioner Mark stated that is a CFO; it is not the same thing. Commissioner
Daugherty stated he believes this is a conversation they can have after they see the results from the search
firm. He stated he would like to see Mr. VanLiere performing his job as if he was competing for the job.
Commissioner Mark asked why put him through that if he doesn't reach the minimum qualifications, which is
her whole point. She stated if you hire someone because you like them and you think they are great but they
don't meet the minimum qualifications, she believes that Mr. Komando is very clear, that we could be
opening ourselves up to some kind of legal action. Commissioner Daugherty stated the legal counsel we have
hired said he meets those requirements. Commissioner Mark stated she begs to differ but our legal counsel is
an interim too and has only been on the job for a month. Mayor Woods stated she believes he has been a
lawyer for quite a bit longer than a month, honestly. She stated they have sat here as a Commission in the
past and looked at our charter and had differing views about what it actually does and doesn't say and have
moved ahead one way or another, the sky has not fallen, they have all been ok, everything has been alright.
Commissioner Mark stated she would appreciate if Mayor Woods would keep her comments to the point and
not be condescending. Mayor Woods stated Commissioner Mark is interrupting and she is. Commissioner
Mark stated she is interrupting for a reason because she believes her comments are condescending and
uncalled for. Mayor Woods thanked Commissioner Mark for her comments stating they have sat here as a
Commission before and had disagreements about the interpretation of the charter and Commissioner Mark
had a different opinion than some of them at that time and again that has happened. She stated it is ok; she
agrees with Commissioner Daugherty that they should move on. She stated she agrees with the interpretation
of administrative officer and believes they should move on. She stated they will discuss how to move ahead
with the RFP. Commissioner Mark stated she hopes Mr. VanLiere will make his own decision as to whether
he will apply for this and hopefully not waste his time. Commissioner Beckenbach asked for a written
opinion from Mr. Komando pertaining to this. Mr. Komando stated absolutely.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
K. Report on options for a process to recruit and select a city attorney.
Human Resource Director Cathy Berry stated again it came down to two options, keep the current interim
firm for a probationary period and do an evaluation or issue an RFP to begin the recruitment process. She
stated her recommendation was, if they do the latter, to limit it geographically rather than open it up to a long
distance law firm.
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1B
FEBRUARY 10, 2014
Page 11
Motion: Direct the HR Director and City Manager to draft an evaluation tool/process to use at a
designated time to give the Commission, the staff and the public a transparent process to determine if
the City should keep the Interim City Attorney-Firm or make a change. The Commission would then
vote on retaining the current Interim City Attorney-Firm or beginning the selection process for a new
City Attorney-Firm.
Moved by Daugherty, seconded by Hill
Commissioner Mark asked why wouldn't they go through the RFP process with this. Mayor Woods stated
I'm sorry Maria, that's confi:ontational, if you could just discuss the issue without being confrontational we
would appreciate it. Commissioner Daugherty stated actually he believes it is appropriate for her to continue.
Commissioner Mark stated they were not allowed to have a proper search for the lawyers that are now our
interim lawyer, have not had an opportunity to negotiate the current monthly retainer or other fees that are
currently in the interim city attorney's contract and why would this process be any different than looking for a
City Manager. Commissioner Daugherty stated the difference is the nature of the job. He stated in the recent
last couple of years, Neptune Beach has hired a new city attorney and we have an excellent HR Director with
a firm grasp and knowledge of the position. He stated he believes there are enough resources and enough
qualified candidates in this general area to fulfill the need we have. He stated it is a matter of them
competing for the job and he has a lot of faith in our HR Director to do that. Commissioner Mark stated she
thought he wanted Option 1, to keep the current city attorney. She stated now it sounds like he wants them to
do an RFP. Commissioner Daugherty stated from what Mr. Berry told him it's not an RFP process. Ms.
Berry stated they could go with just going through the n01mal hiring process; but basically Option 1 was to
keep the current firm, not do a search and do an evaluation but they could go through the RFP process and her
recommendation was to be as transparent as possible that way the qualifications are laid out in advance. She
stated Neptune Beach just went through an attorney search and just went through the normal hiring process,
put ads in the paper and collected applications. Commissioner Mark stated she believes they need
verification on what Commissioner Daugherty actually moved on, because she thought he moved on Option 1
to keep the current attorney in place. Commissioner Hill stated he misunderstood it too. Commissioner
Daugherty withdrew his motion, stating that was not what he intended. Commissioner Hill withdrew his
second.
Ms. Berry stated she would not recommend hiring a search firm for the attorney; basically the only difference
in the process is, with an RFP, they are delineating what they are looking for and they submit their proposals
and then the Commission would evaluate those proposals, and she would help with the process. She stated
the other process would be to put an ad in the paper. She stated one is just a little bit more formal but it
would all stay in house. They would not hire a firm to go search for an attorney.
Commissioner Mark stated she would move to go with Option 2.
Motion: Direct the Human Resources Director to draft the RFP, limiting the geographic scope to the
five-county region: Duval, St. Johns, Clay, Baker and Nassau, and oversee administration of the
recruitment process, in conjunction with the City Manager. The City Commission will approve the
process, criteria, contract and evaluation process and make the final selection. The Mayor will execute
the contract. The current City Attorney would be able to submit a proposal.
Moved by Mark, Seconded by Hill
Mayor Woods asked if the Commission would be doing the interviews with the applicants. Ms. Berry stated
absolutely, all she would do would be coordinating. She stated she would do the administrative part of it, the
Commission would make the decisions.
January 13, 2014 REGULAR COMMISSION MEETING
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
1. A.
B.
C.
Approve the minutes ofthe Commission Workshop ofNovember 18,2013.
Approve the minutes ofthe Special Called Meeting ofNovember 25, 2013.
Approve the minutes of the Commission Workshop ofNovember 25,2013.
AGENDA ITEM# 1B
FEBRUARY 10, 2014
Page 12
Mayor Woods asked if there were any corrections to the above minutes. There were none so she stated the
minutes will stand as submitted.
2. Courtesy of Floor to Visitors
A. Special Recognition of Commissioner Maria Mark for completing the Institute of Elected Officials
III: The Leadership Challenge given by the Florida League of Cities.
Mayor Woods read and presented Commissioner Mark with a certificate from the Florida League of Cities for
completing the Institute of Elected Officials III.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
None.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report, List of New Business
Taxes and Utility Sales Report for November.
B. Extend the contract for Chlorine for one additional year to Allied Universal Corporation at the current
contract prices (Bid No. 1011-08).
C. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No. 1213-13) in the
amount of $32,916.00 for one year, from February 1, 2014 through October 31, 2014, and authorize
City Manager to sign the new contract.
Mayor Woods read the Consent Agenda.
Commissioner Hill pulled item C. Commissioner Daugherty pulled item B.
AGENDA ITEM# lB
FEBRUARY 10, 2014
January 13, 2014 REGULAR COMMISSION MEETING
Motion: Approve Consent Agenda Item A as read.
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Commissioner Daughet1y pointed out that this is a contract that expires before our next meeting and
should there have been a concern there wouldn't have been time to address it. He stated he would like
to see in the future that these come back with more notice.
Motion: Approve Consent Agenda Item B as read.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Motion: Approve Consent Agenda Item C as read.
Moved by Mark, Seconded by Beckenbach
Page 13
Mr. Carper explained, in the revised agenda package, there was an addition to the staff report that states, "At
the Commission's request to minimize impact to sargassum and rack benefits for beach ecology, Staff has
negotiated a change with Beachcombers North that provides for beach raking to be done on an "as needed"
basis with raking to be executed at the direction of Public Works. This will allow raking following heavy use
weekends such as summertime and holidays when cleaning is necessary. Savings will be $190/week when no
raking is performed." He stated he has a letter from Beachcombers acknowledging the change.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 14-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND
SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF CITIES 2014
LEGISLATIVE ACTION AGENDA, PROVIDING FOR AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
Mayor Woods read Resolution No. 14-01 by title.
January 13, 2014 REGULAR COMMISSION MEETING
Motion: Approve Resolution No.14-01.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
A. ORDINANCE NO. 20-13-126, Public Hearing and Final Reading
AGENDA ITEM# 1B
FEBRUARY 10, 2014
Page 14
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING
SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 20-13-126 by title.
Motion: Approve Ordinance No. 20-13-126.
Moved by Mark, Seconded by Beckenbach
Mayor Woods opened the floor to the Public Hearing.
John Fletcher, 1740 Live Oak Lane, asked what the amendments to the budget were. Mr. Van Liere
explained that in the original version, the $1,200 for the videotaping was not included.
No one else from the audience spoke so the Mayor closed the Public Hearing.
Commissioner Daugherty asked what are the additional meetings that will be recorded. IT Director Keith
Randich explained the meetings have not been identified; they approved the money so they can decide on an
ad hoc basis to add meetings throughout the year without having to get approval individually for each
meeting. Discussion ensued.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 90-13-220, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24
OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, ARTICLE III,
ZONING REGULATIONS, BY ADDING A NEW DIVISION 10, FLORIDA-FRIENDLY USE OF
FERTILIZER ON URBAN LANDSCAPES, AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 90-13-220 by title.
Mayor Woods opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public
Hearing.
January 13, 2014 REGULAR COMMISSION MEETING
Motion: Approve Ordinance No. 90-13-220.
Moved by Mark, Seconded by Beckenbach
AGENDA ITEM# 1B
FEBRUARY 10, 2014
Page 15
Mr. Carper explained we are required to implement this ordinance by our MS4 permit. Discussion ensued.
Votes:
Aye: 5 -Becken bach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
C. ORDINANCE NO. 80-14-84, Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE I, SECTION 22-4
AUTHORITY TO ADJUST OR WAIVE CHARGES IN APPROPRIATE CASES, (E)
ADJUSTMENT FOR LEAKS ON CONSUMER'S SIDE OF METER, AND (F), ADJUSTMENT
FOR FILLING SWIMMING POOL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 80-14-84 by title.
Motion: Approve Ordinance No. 80-14-84.
Moved by Mark, Seconded by Daugherty
Mr. Van Liere explained the Ordinance stating it will take the adjustment down to the first tier. Discussion
ensued.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Report on future capital cost replacement for reuse system compared with proposed rates.
Mayor Woods stated there was no action required; the reuse rates will be adopted this summer once we get
the facility up and running. She stated there was a question about whether the rates would actually cover the
cost to the City for maintenance and upgrades. City Manager Van Liere reported on an analysis done by
former City Manager Jim Hanson and summarized his report.
B. Police Department 2013 Citizen Survey.
Chief Classey explained the survey, summarizing the highlights. He also reported the first Citizen's Police
Academy will be held beginning March 6. He answered questions from the Commission regarding the
survey.
C. Atlantic Beach Police Department 3rd Quarter 2013 Report.
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# I B
FEBRUARY 10, 2014
Page 16
Chief Classey summarized the quarterly report. Mayor Woods stated she has started riding with the police
officers once a week and encourage the others to do the same.
D. Report on through-lots between Beach and Ocean, Report from CD Board.
Motion: Direct staff to draft proposed ordinance amending Section 24-84 (c) requiring through lots
along Beach Avenue and Ocean Blvd. to have front yard face Ocean Blvd.
Moved by Mark, Seconded by Woods
Mike Griffin summarized his staff report explaining there are 22 lots and 10 of those are already addressed on
Beach and 4 are addressed on Ocean. He answered questions from the Commission.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
E. Rezoning for SPA -13-001000715, 201 Mayport Road.
This item was taken out of sequence and acted on earlier in the meeting.
G. Police Building Scope of Work.
Chief Classey summarized his staff report explaining the scope of work that was drafted at the direction of
the Commission at the November 18 1h workshop on the Police Building. He answered questions fi·om the
Commission.
Motion: Direct staff to finalize RFP as drafted in scope of work and send out forthwith.
Moved by Mark, Seconded by Daugherty
Discussion ensued. Commissioner Beckenbach stated he would like to have Art Corsano come and discuss
design build and he will put it on the next workshop. Commissioner Mark stated she thought Mr. Corsano
was going to talk about design build after this process had been completed and then they design whether they
were going to go with a design build and a design bid build. Further discussion ensued. Commissioner
Daugherty stated he had an amendment to the motion.
Motion: Amend to strike language in original motion and replace it with, staff will send out an RFP
for proposals for a design for the expansion of the current police building with the scope of work
provided by staff in the attached report and return to the Commission with the top three proposals for
Commission evaluation with the understanding that the top three firms may be paid a fee negotiated by
staff and approved by the Commission to provide more detailed plans.
Moved by Daugherty, Seconded by
Discussion ensued.
Mayor Woods stated the amendment was made but there was no second so she called for the vote on the
original motion. City Clerk Bartle read the motion. Further discussion ensued.
January 13, 2014 REGULAR COMMISSION MEETING
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
AGENDA ITEM # 1 B
FEBRUARY 10,2014
Page 17
H. Award the contract for Fleet Management and Vehicle Maintenance Services to First Vehicle
Services.
Public Works Director Rick Carper stated staffs recommendation is to award the contract to First Vehicle
Services who is our existing contractor. He explained the reasons for the recommendation.
Motion: Award the Contract for Fleet Management & Vehicle Maintenance Services to First Vehicle
Services.
Moved by Mark, Seconded by Beckenbach
Mr. Carper answered questions from the Commission.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
I. Contract for the SunGard One Solution Application.
Mr. VanLiere explained this is part of the transition for moving to a Windows-based program for part of our
mainframe accounting and community service. He stated this application will be for building, planning and
zoning, business taxes, and code enforcement, which is called the City's community applications for SunGard
HTE.
Motion: Approve the contract for the SunGard One Solution Community application, and authorize
the City Manager to sign the contract.
Moved by Beckenbach, Seconded by Hill
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
J. Report on options for a process to recruit and select a city manager.
This item was taken out of sequence and acted on earlier in the meeting.
K. Report on options for a process to recruit and select a city attorney.
This item was taken out of sequence and acted on earlier in the meeting.
9. City Manager
A. City Manager's Report.
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1B
FEBRUARY 10, 2014
Page 18
Mr. VanLiere reported that the Atlantic Beach Country Club closed on their transaction for Selva, which will
give him the okay to sign the contract to start the reuse project with Sawcross.
He stated tomorrow night the resolution for the Interlocal boundary service agreement will be on the City of
Jacksonville's agenda.
He stated the Commission had indicated they wanted to have some training on the Sunshine Law and asked
how far out they wanted to plan to have a session on that. Mayor Woods stated Yvonne Calverley could send
out an email asking for the Commissioner's availability. Commissioner Mark stated, not before March.
Clarified the process for strategic planning not being used as a pre-budget planning but more of a long-term
planning. Discussion ensued. It was the consensus to move ahead with pre-budget planning in-house and
strategic planning and Mr. VanLiere will bring a proposal to them. Commissioner Hill stated he wanted to
have a staff member at the Town Hall meetings to facilitate some of the strategic side. He stated he believes
it would be a good idea to have one staff person.
Reported there will be a meeting next Wednesday to discuss the tipping issue with Neptune Beach. Mayor
Woods clarified that it would be with the Mayors to talk to the lawyers about the process.
10. Reports and/or requests from City Commissioners and City Attorney
A. Discussion concerning AudioNisuall Logistical Issues at meeting locations throughout the
City.
Mayor Woods stated this was deferred at the workshop. Commissioner Beckenbach stated he did want to
report that the audio for the Town Hall meeting was very garbled and really believes they need to have some
good audio and video equipment at these locations. It was the consensus to direct staff to come back with
options for a budget amendment for mobile audio and video equipment. Commissioner Hill clarified that it
would not necessarily need to be broadcast quality, just for documentation. Mr. Randich asked to meet with
Commissioner Beckenbach to get some specifics.
B. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial
construction within a residential community on Sundays.
Commissioner Mark withdrew this item and Item C. at the workshop on December 16 stating there is not
enough community support to continue the discussion. Commissioner Mark reported this was brought up at
the Town Hall meeting by one citizen requesting that it be put back on the agenda for discussion and review.
Commissioner Hill stated it may need to be revisited but some of that citizen's complaints were well within
the existing ordinance and.they could have gotten some of his issues resolved. Discussion ensued. Mayor
Woods stated perhaps Commissioner Mark could facilitate a conversation with the citizen and the Planning
Department and see what the real issues are and, if need be, the Commission can look at it again.
C. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial
lawn service companies before 9:00a.m. or after 7:00p.m. on Saturdays and Sundays.
D. Commission Team Building Proposal
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1B
FEBRUARY 10,2014
Page 19
Mayor Woods stated she put this on the agenda because of comments from citizens that they could work
better together. She stated if they decide to all continue to try to work more like a team and work together
hopefully this whole issue will just go away. Commissioner Hill stated one of the conversations he had with
our HR Director was that she had some experience with team building in her previous position and if it was
determined that they needed some of that she may have a solution that would appease the citizens' complaints
about the related cost. Mayor Woods stated whatever they can do as a group to move the City's business
forward expediently she believes serves the public.
Commissioner Beckenbach stated this item was an addition to the agenda and they have moved into a
workshop program and he wants to continue that no additions are made unless they are workshopped, which
gives the citizens the opportunity to review. He asked that they make sure that anytime there is an agenda
item they want to put on, that it goes on to the workshop before it goes on to a Commission meeting.
Discussion ensued.
City Attorney Komando
• Stated he received a list of litigation cases from Mr. Jensen that were still open. He stated his firm
will be providing him substitution of counsel on three of those cases. He stated separate from the list
he provided them, they identified three other cases that they are trying to track down the cunent status
of before filing those.
• He stated he understands that scheduling is a little hard for the Sunshine Law training but, if it helps,
he has already put together a presentation for this City that he can forward to them and they may just
want to review the Power Point presentation until they can have a formal training on the topic.
City Clerk Bartle
• Reported that the November 18th minutes were not changed as initially requested by Commissioner
Beckenbach at the workshop. She stated he contacted us and indicated that the minutes did not
require the change.
Commissioner Mark
• Stated there has been misinformation that was printed in the paper regarding our former attorney's
fees and how much was paid to him. She stated she asked Mr. Van Liere for a copy of exactly what
those figures were that we paid Mr. Jensen in 2011, 2012, and 2013. She stated she did subtract his
health insurance cost because she wanted to compare legal fees to legal fees. She stated in 2011 they
paid Mr. Jensen a little over $54,000; in 2012 a little over $57,000; and in 2013 a little over $66,000.
She stated she wanted to go on record to assure that it was clarified.
• Repmted on the Opening of Ferry on Sunday, stating it was a great opening. Also reported on the
Feny Ambassador program.
• Encouraged the Commission to meet with Department Heads to get their input and prepare for the
pre-budget meetings.
City Manager Van Liere
• Asked to clarify that, in the workshops, when they go over items that they don't need to see in the
next meeting, could they formally say that they would like to delete them from the agenda. He stated
he would like to have a consensus to take something off the agenda as well as put something on.
Commissioner Beckenbach stated he believes that should be protocol. He stated in a workshop
everybody should agree that they are ready to vote on it before it ends up coming to the meeting to
beat up again. They should be doing the beating up in the workshop. He stated this part of the
January 13, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# IB
FEBRUARY 10, 2014
Page20
meetings, as far as the votes, should go more rapidly than the workshop itself. He stated the
consensus should come out of the workshop to move it over to the Commission meeting for a vote or
if not it should be put on the next workshop and say why. Mr. VanLiere stated they have added
comments in the margin, i.e. revised, added, deferred, etc.
Commissioner Daugherty
• Stated they may have been premature in ribbon cutting at Rose Park. He stated the original scope of
work included converting the old park into a dog park. He stated he has had conversations with staff
and was told they spent all the money. Mr. Carper explained the dog park was in the original bid;
when the original bid was over budget, staff negotiated with the contractor and made revisions,
discussed those with the City Manager and Commissioner Daugherty who said the dog park and one
other thing had to be in there. He stated the part that wasn't in our bid was a new fence for the dog
park because they were intending to use the existing fence. He stated the existing fence needs to be
replaced. Commissioner Daugherty asked if they could do a budget amendment for the next meeting
to include the cost of the fence so they can complete the project. Discussion ensued. Mr. Carper
stated his direction from his last discussion with the City Manager was stop all forward motion on the
dog park because of comments that were made at the ribbon cutting. He stated the comments from the
residents there were that they didn't want the dog park. Commissioner Daugherty stated the residents
who have been very vocal about the dog park said they weren't coming to that ribbon cutting because
the dog park wasn't done yet. Mayor Woods asked if he would like something on the agenda.
Commissioner Daugherty stated he was asking for a budget amendment on the next agenda to include
the scope of work that will complete the project.
• Stated this meeting has lasted until 11 :20 and about 10 months ago we started this new process where
they have the one meeting as a workshop and then a meeting which was to expedite things. He stated
their meetings have just gotten longer and it is taking longer to do things. He stated he wants to look
at another option for meetings. He stated they have never had a workshop without a special meeting
in front of it. Mayor Woods stated she believes part of it was the past administration and the way
things were done and believes they are moving forward and need to see how it goes. Commissioner
Daugherty reiterated that it is taking a long time to get some things done and they have never had a
meeting, to date, without a special meeting.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 11:23 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
*A Workshop was held on December 16, 2013 for the purpose of discussing these items. Please refer to the
Workshop Minutes for the previous discussion.
•
•
•
•
•
•
•
•
Be ch
Habit
fo r Humanltyw
7u7 M.•ypurl Road
Atl.•nli~o Hca• h, fl L 32233
(90·0 241-1222
www.TJeach('o;l l abitat.org
Cnnlnd DorH,, Rl'X, t>rcsidl•nl
INI 'UI{:-..1 \l i t IN 1\IIOLJT Bl l \( IJI·t; I T/\Uil J\ I 1101( J IL t\1 '\"ll I y
J\NI> lllld)BVI•.I l Wf\.lf!N I J\ I 20 I tvli\) I'UIU
Beaches Habitat for Humanity is a proud partner with t h e City of Atlantic Beach, and meets the
affordable h ousing and infill goals established in the 2010 -2020 Comprehensive Plan (Ordinance
Number 31-10-09).
T h e development at 2 01 Mayport is compliant with current zoning with 77 homes planned -
s i g nificantly below the allowable residential density of 140 homes.
Beaches Habitat for Humanity homes are owner-occupied-third-party rentals are not a ll owed undet
our mortgage documents and under the homeowners' association DEC.
After five years of home ownership, a Beaches Habitat homeowner may offer his/ her home for sale on
the open market. Appraisals are based on comparable m a rke t values, not just Habitat homes. Our 32 ...
home, built in 1999 and mortgaged for $54,000, i s under conh·act on the open market for $120,000 cash.
Beaches Habitat continues to be responsible for more than 83% of the homes it has bui lt or renovated.
Our most recent delinquency rate on mortgages over 60 days past due was 1.8 % in comparison to the
state of Florida average of over 9%. (Taken from June 30, 2013 statistics)
The Homeowners' Association, with Beaches Habitat for HumaJlity as th e mortgagee will be
responsible for all maintenance and repail" of the building exteriors and roof, and for all landscape
tnaintenance of common areas and private yards. Beaches Habitat will remain a member of the HOA.
Exterior materials will include, but are not limited to Hardie-board type siding, architectural roofing
shingles, and stucco. Beaches Habitat for Humanity will value engineer the d evelopment. Beaches
Habitat is committed to quality construction at all times, and particuJarly in a commwlity that will
serve as the gateway to the Mayport corridor.
S~orm water retentjon, and fire and safety accessibility at·e designed to be in full compliance .
The development i s designed with a community center and community park for the use of its
residents. At the forefront will be after-school tutoring and mentoring programs provided by Beaches
Habitat for HumaniLy as an adjt1nct to our community education programs at Donner Park Community
Center and Jordan Park Community Center.
Beaches Habitat for Humanity is not a give·away program. Each homeowner family invests 300
hours in sweat equity in building thei r home or working on other Beaches Habitat programs. They must
qualify with good credit and within the federa l income guidelines for l ow and moderate income.
Homeowners also make a modest monetary down payment.
Beaches Habitat for Humanity commits to a life-long, holistic relationship with our homeowners.
Homeowners are required to attend an array of support workshops in financial counseling, hom e repair and
improve ment, green living and more. Beaches Habitat is one of only a few affiliates that incorporate after-
school educalional s upport for the children of Habitat homeown ers and others in the community in need of
Habitat serv ices. And every child and homeowner is eligible to qualify for a full college scholarship through
the Sc heidel Scholarship program.
Beaches Habitat for Humanity partners w ith area church es and synagogu es, loca l school.s, other beaches
community city governments and a number of other nonprofit organizaHons to deliver setvices to our partner
families. And we rely upon t ho u sands of volunteers annually fo1· assistance in home bu ilding, education and
family s upport. It i s tru ly a holistic approach to s temming the tide of poverty and providing opportunities for
educalion and homeowne r s h1p to those who may not typically have access.
ATTACHMENT A
MINUTES OF SPECIAL CALLED MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON DECEMBER 16, 2013
PRESENT: Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
ALSO: Nelson VanLiere, Interim City Manager
Richard Komando, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Call to order.
AGENDA ITEM# I C
FEBRUARY 10,2014
The Mayor called the meeting to order at 6:30 p.m. in the Commission Chamber. She explained the
procedures for the Special Called and Workshop meetings. Commissioner Daugherty gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
1. Courtesy of the Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained
the process for public comments.
Kirk Hanson, 2393 Ocean Breeze Court, stated there are a lot of failings in the proposed contract for
the City Attorney. He listed the omissions from the retainer fee and asked that the Commission
renegotiate the contract or consider other firms to make it a more economical contract for the City. He
further asked for full disclosure from our Commission regarding a lawsuit funded by one of our
Commissioners against the Estates of Atlantic Beach (EAB). He stated the City of Atlantic Beach was a
part of the lawsuit because of an easement granted by EAB to the City. He stated he asked at that time
for the Commissioner so involved to fully disclose that involvement. He stated when that Commissioner
was elected, he resigned his place on the corporation that funded the lawsuit. He stated the first thing
that was done in the first meeting when that Commissioner took his seat was that he tried to fire the City
Attorney who was defending the City of Atlantic Beach in the lawsuit. He stated he asked at the time,
was that in retribution for the City Attorney defending a lawsuit against his interest or was it to clear the
field to make it easier for this Commissioner to prevail in his lawsuit. He stated two years later the same
City Commissioner voted to fire the City Attorney and the next day he filed a lawsuit against the Estates
of Atlantic Beach. He stated the City could become a defendant in the lawsuit because of the easement
granted by EAB to the City of Atlantic Beach. He stated, once again, were we just clearing the field for
personal interest. He stated, if so, that is an egregious abuse of power and a violation of the trust to the
citizens of Atlantic Beach. He asked that there be full disclosure on personal interests with regards to
this matter. He further stated a letter was sent to the State Attorney back in 2010 alleging some
nefarious activities and misconduct at the City of Atlantic Beach. He stated none of those were borne
out; however, interestingly enough, the Assistant State Attorney assigned to the case was Rich
AGENDA ITEM# IC
FEBRUARY 10,2014
Komando, who was also copied on the letter. He stated it is Rick Komando who we are now looking at
bringing in as a City Attorney. He reiterated he believes we need some full disclosure as far as what
people's interests are, both personally and professionally regarding what has been happening in Atlantic
Beach the last couple of weeks.
Dee Reiter, 1798 Selva Marina Drive, addressed the process for the interim City Attorney stating she
has questions about how this firm was selected as interim attorneys. She questioned their experience,
their fees, their travel time and why we didn't look at lawyers who were closer. She also questioned
why there is no agenda item regarding a search for a long-term City Attorney as there is for the City
Manager.
Judy Beaubuoef, 1209 Beach A venue, stated she echoes what Ms. Reiter just said. She encouraged the
Commission to get an RFP out as soon as possible for a City Attorney. She also cautioned that a law
firm versus a single attorney may not be better. She pointed out various items on their contract, stating
they need to be very clear on what is in the retainer bucket. She urged them to make this contract as
interim as possible.
Sharon Krauss, 4845 Plymouth St., spoke against the Human Rights Ordinance and read from the
homosexual manifesto.
Judy Sheklin, 1985 Brista De Mar Circle, spoke in favor of the Human Rights Ordinance.
Mike Whalen, 1420 Mayport Road, spoke in opposition to the rezoning of 201 Mayport Road. He
stated he is not a lobbyist, a real estate broker, or a special interest group; he is just a citizen of Atlantic
Beach who wants the best for Atlantic Beach. He stated Habitat for Humanity is a wonderful
organization and he supports it but he does not support the project down the street. He stated it is the
wrong location for the wrong job. He stated it will be bad for Mayport Road and believes it will tum
into another slum.
Atillio Cerqueria, 36 West 6th St. stated he is also opposed to the Habitat for Humanity project going
on across the street from the properties he owns. Stated he received no notification of the rezoning. He
believes there is a better use for that land and Habitat could fmd an area better suitable.
Steve Fouraker, 387 6th Street, addressed the rezoning of the property on Mayport Road stating it
sounds more like a development pushed through by developers. He also addressed the cautions about
hiring a city attorney and believes this Commission will put out the proper search and find some good
attorney/attorneys for this City. He stated he doesn't believe we need to necessarily look within this
community; sometimes it is better to have an attorney who is not within the community that they are
being the City Attorney of. He stated he doesn't know how the Human Rights Ordinance will go but
stated he really doesn't like hate speech. He stated when he hears that it makes him sad but we are so
lucky to be in a democratic forum where people can speak their minds and say what they want.
No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to Visitors.
2. Approve the Agreement for Legal Services and authorize the City Manager to sign the
Agreement.
City Manager Nelson Van Liere stated many of the Issues spoken about this evening have been
-2-
AGENDA ITEM # 1 C
FEBRUARY 10, 2014
addressed in the contract. He stated they have tried to delineate which items would be covered in the
retainer and which would not. He stated he met with the attomeys and has been assured they will be
able to work with us through this interim period. He stated any items that would cost the City extra
would be discussed before they would do the work and charge us. He also stated travel was included.
He introduced the attomeys Rich Komando, Rob Bradley, Sam Garrison, and John Kopelousus, who
were in the audience.
Rob Bradley, managing partner of Kopelousus, Bradley and Garrison, further introduced Rich
Komando, Sam Garrison and John Kopelousus. He gave an overview of his fi1m and explained the
highlights of the contract, including that the contract is at will and can be terminated with a no severance
clause. He responded to comments made during Courtesy of the Floor. He explained the City would be
assigned one attomey, Rich Komando, who will attend all meetings.
Motion: Postpone hiring an interim law firm and instead instruct staff to send out an immediate
RFP for legal services to be presented to the Commission at the January 13,2014 meeting.
Moved by Daugherty
Motion failed due to lack of a second.
Motion: Approve the Agreement for Legal Services and authorize the City Manager to sign the
Agreement.
Moved by Beckenbach
Discussion ensued. Commissioner Daugherty asked Mayor Woods to disclose her relationship with Mr.
Komando and how he represented her. Mayor Woods explained when they met he was an attomey at
the State Attomey's office and was investigating things that were going on out here at the beach so when
she sent her letter to the State Attomey's office, he was the attomey involved. She stated she found him
to be extremely professional and detail oriented and has a great deal of confidence in him personally and
in his abilities, and his firm is very well known and respected.
Mr. Bradley and Mr. Komando answered several questions from the Commission. Further discussion
ensued. Mr. Komando gave a detailed account of his background, experience and qualifications.
Commissioner Daugherty commended Cathy Berry and Nelson Van Liere for their work on this contract
on a very shmi notice. Mr. Bradley answered questions from Commissioner Daugherty regarding the
contract. Commissioner Daugherty stated he would like to make a couple of amendments to the
contract. He further discussed the RFP for a City Attomey.
Human Resource Director Cathy Berry stated she has already struied looking at how other municipalities
have hired their law firms and wants to make sure they don't put in the language of RFP unless they
decide that is how they want to go. She stated the City ofNeptune Beach did not do an RFP, they just
went through HR, going through the nmmal hiring practice, with the City Commission doing the vetting
and interviews, setting the criteria, etc. She stated that is her recommendation; if you put out an RFP, it
will just lengthen the time. Mayor Woods stated it would be more appropriate to add this discussion to
the agenda item for discussing RFPs for the City Manager. She stated that is not the topic we are on
now.
Motion: Amend after the first Whereas, after legal services, to add "on an interim basis until such
time permanent legal representation has been attained"; add under 2. Legal Services, the retainer
-3-
AGENDA ITEM# IC
FEBRUARY 10, 2014
will compensate KBG for the following legal services, "including travel time"; and under 2c, add
preparing in writing all contracts "including the lnterlocal Agreement with the City of
Jacksonville"; and, under 5. Termination of Agreement, add "Kopelousos, Bradley & Garrison
(KBG) must give 30 days written notice and the City of Atlantic Beach does not have to give any
notice."
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Mr. Bradley and Mr. Komando answer additional questions from the Commission. Further discussion
ensued. At the request of Commissioner Hill, Mr. Komando stated he would give the Commission
Sunshine Training and suggested putting it on the next available agenda.
Commissioner Hill asked staff if anyone was uncomfortable internally with this relationship or do we
have any issues that need to be brought up that have not been afforded our staff at Department Head
level. Mr. VanLiere stated he had received no objections from any staff whatsoever.
Commissioner Beckenbach asked Mr. Komando if he has any background in ethics violations. Mr.
Komando stated a lot of his work at the State Attorney's office did touch on what could be considered
an ethics violation or something that would be subject to an administrative review and he has also done a
lot of work with training on Sunshine Laws and working with the Attorney General's opinions, as well.
Mr. Komando answered several other questions from the Commissioners. Discussion ensued.
Mayor Woods also commended Cathy Berry and Nelson VanLiere for the great work they have done
this week. She stated she has the utmost confidence in this firm and believes every one of these
gentlemen is very qualified to handle our business. She called the question.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Woods called for a recess at 8:28p.m. She reconvened the meeting at 8:34p.m.
3. Award Marsh Multipurpose Path Design and Permitting #14-01.
Public Works Directors Rick Carper summarized his staff report stating he IS asking that this be
approved in two motions. He showed a slide of the Overall Marsh Master Plan.
Motion: 1. Authorize staff to begin negotiations with Hanson Professional Services for consulting
services for Design and Permitting of the Marsh Multipurpose Path; and, 2. Authorize staff to
execute the contract if fees are within project budget.
Moved by Mark, Seconded by Daugherty
Mr. Carper answered questions from the Commission. He also showed slides of the various options for
-4-
AGENDA ITEM# IC
FEBRUARY 10, 2014
paths and boardwalks and discussion ensued on the options. Further discussion ensued on how to notify
people living along the projected route. Chief Classey answered questions about extra patrols along the
path.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Mr. Carper expressed concern about having both motions voted on at the same time and not
individually. City Attorney Komando stated the motion was made for both votes at the same time and
that motion carried 5-0, which means whether you look at them independently or collectively, both votes
passed.
4. Approve the City sending a letter to Jacksonville wmvmg the requirement to respond to
Resolution No. 13-14 to allow for another 60 days.
Mayor Woods explained the reason for the extension.
Motion: Authorize the City to send a letter to Jacl{Sonville waiving the requirement to respond to
Resolution No. 13-14 and to allow for another 60 days.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
City Clerk Bartle asked if they need to approve the Mayor to sign the letter.
Motion: Amend to include allowing the Mayor to sign the letter.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 9:00 p.m.
ATTEST
Donna L. Bartle, CMC
City Clerk
-5-
Carolyn Woods
Mayor
AGENDA ITEM# lD
FEBRUARY 10, 2014
MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON DECEMBER 16, 2013
City Commission Members present:
Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
Staff present:
Nelson VanLiere, Interim City Manager
Richard Komando, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Call to order.
The meeting, which was held for the purpose of discussing the agenda items for the Commission
Meeting of January 13, 2014, was called to order at 9:00p.m. by Mayor Woods.
1. Report on options for a process to recruit and select a City Manager.
This item was taken out of sequence and acted on later in the meeting.
*Discussion of Agenda Items on January 13, 2014:
1. A.
B.
C.
Approve the minutes ofthe Commission Workshop ofNovember 18,2013.
Approve the minutes of the Special Called Meeting ofNovember 25, 2013.
Approve the minutes of the Commission Workshop ofNovember 25,2013.
Commissioner Beckenbach stated he wanted to add language to the workshop minutes of 11/18/13
where they were discussing the Police Station. He wanted to add that City Manager Jim Hanson stated
he did not ever use a design build. He further stated Art Corsano would be willing to discuss the design
build concept with the Commission. He stated he would get Mr. Corsano's resume for the Commission.
Commissioner Mark asked if they were going to discuss the City Manager recruiting, stating it was Item
1.
2. Courtesy of Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained
the process for public comments.
Linda Huffman, 501 16th Avenue S., Jacksonville Beach, reported that the School Board voted
unanimously tonight to change the name of Nathan Bedford Forrest High School. She further stated she
is in support of the HRO.
Minutes -City Commission Workshop
Page2
AGENDA ITEM# lD
FEBRUARY 10, 2014
December 16, 2013
Brea Paul, 330 Sargo Road, spoke as Chair of Community Development Board regarding the approval
of the rezoning for the Habitat development at 201 Mayport Road. She stated the Board gave their
unanimous approval and they were glad to see something come to a once blighted area that is now just a
vacant area. She stated their concern was the long-term financial viability of the homeowners'
association and the Board asked that she let the Commission know of their concerns.
No one else from the audience spoke so Mayor Woods closed the Courtesy ofthe Floor to Visitors.
Item 8E was taken out of sequence and acted on at this time.
E. Rezoning for SPA -13-001000715, 201 Mayport Road.
Redevelopment and Zoning Coordinator Jeremy Hubsch explained, related to the earlier concerns about
notification, that it was done properly. He stated they notified the Community Development Board
properly. He stated this item is not a public hearing item and so the item hasn't been noticed yet. He
stated there will be three more meetings which will be properly noticed. He stated tonight is just an
introduction to the project. He stated there will be a notice to the newspaper, mailed notices and sign
postings. He summarized his staff report regarding the request for special planned area rezoning. He
showed slides of the site, the future land use map, the zoning map, the project description, special
planned area (SPA), development standards proposed by the applicant, SPA site plan, architectural
renderings, list of waivers #4-1 0, comprehensive plan, Community Development Board findings, and
Findings of Fact.
Commissioner Daugherty disclosed that he has inquired on Habitat's behalf on the availability of some
properties, but they never went to contract on anything. He stated he also represented a party who was
interested in this parcel as well. Mr. Komando stated he could vote.
Jay McGarvey Chairman of the Board of Beaches Habitat, summarized the redevelopment of 201
Mayport Road. He explained the concept of Beaches Habitat, the requirements of their homeowners and
the issue of long-term maintenance.
Brian Wheeler, Board Member and President of Genesis Group, explained the proposed community
showing slides on the community commitment & understanding; existing site CL-RG-M Zoning Density
and Typology; Neighborhood Context Density & Typology; Neighborhood Typology Lot & Block;
Neighborhood Typology examples in Celebration, FL, Baldwin Park in Orlando, FL, Seagrove in St.
Augustine, FL, South Beach Village in Jacksonville Beach, FL, and AlA in Neptune Beach; Site
context -AlA Noise and Mayport Road Noise; and the site plan, character sketches, development
standards, building typology, building materials, landscape vegetation, SPA plans, neighborhood
redevelopment requirements, declaration of covenants, and conditions and restrictions for 201 Mayport.
Mr. McGarvey and Mr. Wheeler answered questions from the Commission.
Mayor Woods requested that purple pipe be put in for the reuse water in the future.
Discussion ensued. Commissioner Hill stated he wanted to go on record that he is probably the most
supportive person of a land owner you will find and believes a land owner has some amazing rights that
Minutes-City Commission Workshop
Page3
AGENDA ITEM# 1D
FEBRUARY 10, 2014
December 16, 2013
often get overlooked and trampled on and he does not intend to get in front of their right to do whatever
they have to do with it, he just genuinely believes it is the wrong project for the wrong place.
Mayor Woods stated she and Jeremy Hubsch will be meeting with DOT on Wednesday to look at
Mayport Road and Atlantic Blvd. improvements and bicycle and pedestrian safety. Further discussion
ensued.
Donna Rex, CEO of Beaches Habitat, explained the mortgages and appraisals on these homes.
Discussion ensued.
Mayor Woods encouraged the Commission to get with the presenters for further discussion.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA
AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION
ON THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report, List of New
Business Taxes and Utility Sales Report for November.
B. Extend the contract for Chlorine for one additional year to Allied Universal Corporation
at the current contract prices (Bid No. 1 011-08).
C. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No.
1213-13) in the amount of $32,916.00 for one year, from November 1, 2013 through
October 31, 2014, and authorize City Manager to sign the new contract.
Commissioner Hill reported on the study on the beach erosion on Item C. He stated he would like to
stop the raking as a standard operating procedure. Rick Carper stated they are currently on a month-to-
month on the contract. Discussion ensued.
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 14-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND
SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF CITIES
2014 LEGISLATIVE ACTION AGENDA, PROVIDING FOR
AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
There was no discussion on this item.
AGENDA ITEM# 1 D
FEBRUARY 10, 2014
Minutes-City Commission Workshop
Page4
December 16, 2013
7. Action on Ordinances
A. ORDINANCE NO. 20-13-126, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND
ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE.
There was no discussion on this item.
B. ORDINANCE NO. 90-13-220, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 24 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS,
ARTICLE III, ZONING REGULATIONS, BY ADDING A NEW DIVISION 10, FLORIDA-
FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, AND PROVIDING AN
EFFECTIVE DATE.
There was no discussion on this item.
8. Miscellaneous Business
A. Report on future capital cost replacement for reuse system compared with proposed rates.
There was no discussion on this item.
B. Police Department 2013 Citizen Survey.
There was no discussion on this item.
C. Atlantic Beach Police Department 3rd Quarter 2013 Report.
There was no discussion on this item.
D. Report on through-lots between Beach and Ocean, Report from CD Board.
There was no discussion on this item.
E. Rezoning for SPA -13-001000715,201 Mayport Road.
This item was taken out of sequence and acted on earlier in the meeting.
F. Proposal to amend the City Code, Chapter 22, Authority to adjust or waive charges in
appropriate cases for the purpose of making the policy more generous.
Mr. VanLiere explained this amendment would change our adjustment policy to go down to the 1st tier
rate.
G. Police Building Scope of Work.
Minutes -City Commission Workshop
PageS
There was no discussion on this item.
AGENDA ITEM # 1D
FEBRUARY 10, 2014
December 16,2013
H. Award the contract for Fleet Management and Vehicle Maintenance Services to
Mr. Carper stated we are on a month-to-month with this contract also, but it is being awarded to the
same company that currently has the contract.
I. Contract for the SunGard One Solution Application.
There was no discussion on this item.
9. City Manager
A. City Manager's Report.
10. Reports and/or requests from City Commissioners and City Attorney
A. Discussion concerning AudioNisual/ Logistical Issues at meeting locations throughout
the City.
Commissioner Beckenbach stated there are four locations and the Chamber is the only place we have
audio/visual opportunities. He stated he wants to talk to IT to see how much it would cost to bring the
other locations up as well as the Chamber. Discussion ensued. Commissioner Mark stated this should
be talked about at strategic planning. It was the consensus of the Commission to discuss this at strategic
planning.
B. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit
commercial construction within a residential community on Sundays.
Commissioner Mark withdrew this item and Item C. stating there is not enough community support to
continue the discussion.
C. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit
commercial lawn service companies before 9:00a.m. or after 7:00p.m. on Saturdays and
Sundays.
1. Report on options for a process to recruit and select a City Manager.
(Human Resource Director Cathy Berry had to leave the meeting before this was discussed.) Mayor
Woods stated they would amend this item to also include the City Attorney. Mayor Woods stated with
consensus to move forward with these, Ms. Berry can present to the Commission in January. She asked
that the Commission get with Ms. Berry to discuss this. Mr. VanLiere stated he believes Ms. Berry will
come prepared with the options for the Commission to decide at the meeting on January 13. Discussion
ensued. City Clerk Bartle noted that this was not on the agenda for January 13, it was a workshop only
item. It was the consensus to add this to the agenda for January 13. Further discussion ensued.
Minutes-City Commission Workshop
Page6
Adjournment
AGENDA ITEM# 1D
FEBRUARY 10, 2014
December 16, 2013
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 11:20 p.m.
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor
*Formal action (if needed) will be taken at the Commission Meeting of January 13,2014.
AGENDA ITEM # 1E
FEBRUARY 10, 2014
Minutes of the City of Atlantic Beach Town Hall Meeting Location: Donner Park Recreation Center
January 11, 2014 10:00 AM till12:00 Noon
Attending Commissioners:
Mayor Woods, Commissioner Mark, Commissioner Hill, Commissioner Daugherty, Commissioner Becken bach
Topics Discussed/General Comments:
A) Beaches Habitat Proposed Project
1) The proposed Project is similar to the previous project that was torn down
2) 13 Zoning Waivers Requested-Request to review Waivers by Commission with Community
Development Board presence.
3) No Garages/Inadequate Storage
4) Commercial Piece of Property/ should not be residential
5) A number of Business Property Owners against a residential development. Desire for a more
Commercial development.
6) Test Case for Beach Habitat-No successful Habitat large acreage, multifamily tract development in
area to show success
7) Long Term Problems due to: no appreciation, HOA problems, safety of children, multifamily concept
instead of single family dwellings
8) A need to landscape to create a sound barrier
9) Development brings new and affordable housing to the beaches area.
10) Beaches Habitat carefully screens their potential buyers.
11) Sweat equity of at least 300 hours is required by each buyer.
12) Habitat homes are solidly built.
13) Desire for a more business oriented gateway to the Mayport Business Corridor.
14) Beaches Habitat is building a lower number of units on the property than the present zoning allows. It
was noted that the Beaches Habitat stated at their initial presentation that they can build a higher
density development without the waivers.
15) The property was purchased at auction by Beaches Habitat.
16) The property is Zoned-Mixed Use therefore, a multifamily development is allowed.
17) There is a difference between an apartment complex and the proposed development. In the apartment
model the units are rented while in the proposed model each unit is privately owned.
18) Beaches Habitat holds the mortgages for the units and has the right of first refusal if an owner wishes to
sell their property. (The property cannot be sold until the owner has lived in the unit for a minimum of 5
years. If Habitat purchases the property after the 5 years, it is according to Market Value using Camps
throughout the area.)
19) 7-0 decision by the Community Development Board to recommend the SPA as is.
20) A citizen recommended covenant-No rentals allowed
21) Concern that the development would have a similar fate as the development behind the Old Publix
Center.
22) Citizen Statement-As long as Beaches Habitat meets all the zoning and ordinance requirements they
can build on their property.
23) The development is expected to bring purchasing power to the area that will help the Mayport Business
Corridor.
24) Special Planned Area was well thought out with greenspace included.
AGENDA ITEM# 1E
FEBRUARY 10, 2014
25) Beaches Habitat has a good rep in Atlantic Beach. The Developments location requires a great
development at the entrance to our city.
26) Property was vacant and for sale for a long period of time. None of the businesses bought the property
but now there is an interest after the Habitat purchase.
27) 24 Acres Available in Jacksonville in Mayport Corridor Area
28) Hold all developers to the same standards
29) Citizen mentioned knowledge of an interested party to purchase property for a Veterans Rehab Center.
B) Search for New City Manager and City Attorney
1) Recommend that there be no headhunter for attorney. Local advertising
2) Recommend Headhunter for City Manager
3) Competitive Bid for Attorney
4) Recommended-Proper Search for City Manager and City Attorney
C) Representation of Districts
1) Vote is being diluted by At Large Elections
2) Elections should coincide with National Elections
3) Small town-every Commissioner should be working for each citizen-therefore need at large
4) Each Commissioner should be representing 1 district and voted on by that district
D) Donner Area
1) Interest in the Donner Area
2) COPS Program
3) Friendlier Police Presence
E) Charter Changes
1) Citizen recommendation-To run require 3 years of residency
2) Citizen recommendation-To run required to be a US Citizen
3) A number of Volunteers from the citizen group to be a part of a Charter Review Committee
F) Agenda Item pertaining to Psychologist's involvement in Commission Development
1) What is the benefit vs cost
2) Citizens should not be required to pay for a psychologist to work with Commissioners
3) Best Practices of many major corporations
4) Classes are available for leadership training at local colleges
G) Discussion about Noise Ordinance
1) Request to revisit Noise Ordinance
Mark Beckenbach
Commissioner
Carolyn Woods
Mayor
AGENDAITEM# IE
FEBRUARY 10, 2014
*Note-Minutes taken by Commissioner Beckenbach. Meeting was recorded using a computer a microphone,
but the sound quality of the MP3 is very poor.
BUILDING DEPT. MONTHLY ACTIVITY REPORT
COMPARISON REPORT
REPORT FOR THE MONTH DECEMBER 2013
COMPARISION 2012 -2013
PERMIT TYPE NUMBER OF PERMITS I TOTAL INSPECTIONS
YTD 2012 YTD 2013 YTD 2012 YTD 2013 YTD 2012 YTD 2013
SINGLE FAMILY 27 26 $ 8,277,o4s.oo I $12,829,400.00
DUPLEX 0 2 I $ . i $250,000.00
REMODEUADDITIONS 278 250 $ 4,932,682.00 $360,791,00 1
COMMERCIAL NEW 0 0 $ . 1$ .
OTHER 2494 2098 $ 9,356,778.00 $ 6,632,810.00
I
TOTAL 2799 2376 $ 22,566,505.00 $20,073,001.oo I 4751 4704
PERMITS ISSUED FOR THE MONTH OF DECEMBER 2013
NO. PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED
SINGLE FAMILY 2 $ 1,794.00 $ 477,900.00 IBUILDING 223
NEW DUPLEX MUL Tl FAM 2 $ 1,110.00 1 $ 250,000.00 . ELECTRICAL 63
RESIDENTIAL ADDITIONS 2 $ 1,038.00 $ 226,000.00 PLUMBING 59
COMMERCIAL NEW 0 $ • I $ • I MECHANICAL i 23
COMERCIAL ADDITIONS 0 $ . $ . MISC. 8
COMMERCIAL AL TERA liONS 0 $ . $ .
PERMITS MISC 18 '$ 1,955,00 I $ 207,173.00 1 TOTAL 376
ELECTRICAL 32 $ 3,010.00 $ .
MECHANICAL GAS 6 $ 465.00 $ . Projects to Note: New DuQiex
MECHANICAL HVAC 32 $ 3,238.00 I •$ . 72 W. 10th St. $125,000.00
PLUMBING 22 $ 2,883.00 $ . 74 W. 1Oth St. $125,000.00
ROOFING I 14 $ 1,19s.oo 1 $ 95,905.00 I
WINDOW/DOOR 10 $ 715.00 $ 38,886.00 Projects to Note: New Dwelling
DEMOLITION 4 $ 400.00! .:ti . AddressNaluation
REINSPECTION FEES 0 $ . $ . 321 1Oth St. i$ 305,000.00
PERMIT RENEWALS i 0 $ . $ . 710 Paradise Ln. $ 172,900.00
OCCUPANCY INSPECTIONS 4 $ 400.00 $ . I
PENALTY FEES I 1 $ 170.00 $ 7,000.00
SIGNS 1 $ 35.00 1$ . I
FENCES 9 $ 315.00 $ .
DRIVEWAYS 4 $ 140.00 $ .
WELL 0 I$ . $ .
SIDING 1 $ 90.00 I $ 7,500.00
POOL 5 1$ 840.00 $ 117,645.00 i .
TOTAL 170 $ 19,793.00 $ 1,428,009.00
i
CODE ENFORCEMENT MONTHLY ACTIVITY
DECEMBER 2013
i
VIOLATIONS FURTHER ACTION i
CASE TYPES COMPLAINTS CORRECTED REQUIRED OPEN CASES I YTD 2012 YTD 2013
' i
I
FENCES I 2 0 2 6 COMPLAINTS
1526 1348
PUBLIC NUISANCE '
JUNK AND DEBRIS 0 I 0 0 0
OUTSIDE STORAGE 5 2 3 20
OVERGROWN 8 1 7 20
STAGNANT WATER 0 i 0 0 1
'
SIGN VIOLATIONS
ILLEGAL SIGNS I 5 1 ' 4 I 5 '
STRUCTURE I '
NO PERMITS-STOP WORK 3 I 1 I 2 ! 6
PROPERTY MAINTENANCE 19 1 18 83 I
DILAPIDATED STRUCTURE 2 0 2 1
I
TRASH
TRASH VIOLATIONS 2 2 0 1
!
VEHICLES
ILLEGAL PKG/STORAGE 1 0 1 13 !
JUNK/INOPERABLE 8 1 7 2
I
ZONING I
I
ILLEGAL USES 5 0 5 6
OVERCROWDING 0 0 0 0 I
' "'rl;J>
DOG DINING 1 1 0 0 til a tl:itil ' toz
BUSINESS TAX RECEIPT 6 1 5 7 C::::t::;
SEWER CONNECTIONS 0 0 0 1 ~>
-<==l
OTHER 2 i 0 2 2 I -til I p~
N'IJ:
;:::.,..
TOTALS 69 11 58 174 i .,..>
i
PREPARED 1/17/14,18:31:45
City of Atlantic Beach
PROGRAM OL122L
LIC #
14-00007919
14-00007914
14-00007915
14-00007925
14-00007926
14-00007912
14-00007916
14-00007913
14-00007923
14-00007918
14-00007920
BUSINESS NAME
BUSINESS ADDRESS
AG STONE OF JACKSONVILLE,
25 DUDLEY ST
ATLANTIC BEACH FL 32233
,.
ATLANWIC NAIL SPA
469 ATLANTIC BLVD UNIT 01
ATLANTIC BEACH FL 32233
ATLANTIC NAIL SPA
469 ATLANTIC BLVD UNIT 01
ATLANTIC BEACH FL 32233
DAVID PORTER ROGERS
345 6TH ST
ATLANTIC BEACH FL 32233
DAVID PORTER ROGERS
345 6TH ST
ATLANTIC BEACH FL 32233
GATEWAY BUSINESS BROKERS
160 11TH ST
ATLANTIC BEACH FL 32233
GLIMPSE LIVE LLC
871 SHERRY DR
ATLANTIC BEACH FL 32233
ISLAND COURIER SERVICE
258 CAMELIA ST
ATLANTIC BEACH FL 32233
SAESOLVED:: LLC
615 PARADISE CT
ATLANTIC BEACH FL 32233
SUGARFOOT CHIC
705 ATLANTIC BLVD
ATLANTIC BEACH FL 32233
THE FLEA MARKET STORE
1089 ATLANTIC BLVD 29
ATLANTIC BEACH FL 32233
LICENSE ACTIVITY REPORT BY BUSINESS NAME
AGENDA ITEM# 4A
FEBRUARY 10,2014
NEW LICENSES FOR ALL YEARS BETWEEN: 12/01/13 TO 12/31/13
DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES
ISSUED TYPE CLASSIFICATION
BUS PHONE #
INC 12/18/13 NEW FLOOR COVERINGS: CARPET, TILE, ETC,
904-477-1478
12/18/13 NEW COSMETOLOGY SALON
904-583-6245
12/18/13 NEW NAIL SPECIALIST
904-583-6245
12/26/13 NEW REAL ESTATE BROKER
904-247-7077
12/26/13 NEW REAL ESTATE AGENCY
904-247-7077
12/18/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
904-372-9157
12/18/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
408-425-5141
12/18/13 NEW DELIVERY/MESSENGER SERVICE
904-899-2848
12/19/13 NEW SOFTWARE PROGRAMS,WRITING OF
904-874-2879
12/18/13 NEW ANTIQUES
904-247-7607
12/18/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
904-477-6955
14-00007924 THE YELLOW ROSE @ ATLANTIC BEA 12/20/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST
1079 ATLANTIC BLVD UNIT 5 904-509-7020
ATLANTIC BEACH FL 32233
3RAND TOTALS
--------------NEW LICENSES -------------
AC: 12
PP: 0
IN: 0
VO: 0
PG: 0
BR: 0
OB: 0
UC: 0
LIC: 12
AGENDA ITEM# 4A
City of Atlantic Beach FEBRUARY 10,2014
FINANCIAL REPORT
December 2013
Cash Balances
Prior Current Dollar Percent
11/30/13 12/31/13 Change Change
General $ 6,526,597 $ 8,736,385 $ 2,209,789 33.86%
Tree Replacement 6,493 6,493 0.00%
Convention Development Tax 75,018 78.444 3.426 4.57°/o
Local Option Gas Tax 65,391 89,478 24,087 36.84°/c.>
Better Jax 1/2 Cent Sales Tax 359,551 376,666 17,115 4.76%
Po11ce Training, Forfeiture. Grants. etc. 129.207 122,708 (6.499) -5 03%
Community Development Block & ARRA Grants (849) (849) 0.00%
Debt Service (8) 8 -100.00%
Capital ProJects 2,801,670 2,837,722 36,052 1.29%
Ut11ity 4,621,075 4,995,548 374.474 810%
Sanitation 673,067 707,838 34,771 5.17%
Building COde Enforcement '146,768 151,338 4,570 3.11%
Storm Water 1,539,179 1,609,663 70,485 4.58%
Pension · Police 81,538 81,934 396 0.49%
Pens1on · General 89,524 100,571 11,048 12.34%
Total $ 17,114,220 $ 19,893,941 $ 2,779,720
Total Restricted Cash 7,580,966
Total Unrestricted Cash $12,312,975
Cash and Investments
Annual Prior Current Dollar Percent
Account Yield 11/30/13 12/31/13 Change Change
Bank of America • Depository $ 2,42'1,223 $ 5,103,326 $ 2,682,103 110 77%
Guggenheim Floating Rate A 4.36% 2,870,399 2,886,896 16,497 0.57%
Hartford Floating Rate Bond A 3.46% 2.510,202 2,510,202 100 00%
lnvesco Floating Rate A 3.97% 2,858,254 2,874,575 16,322 0.57%
Main Stay Short Term Duration High Yield A 2.87% 2.488,971 2,510,609 21,638 0.87%
Lord Abbett Short Duration Fund 1,025,424 (1 ,025.424) -100,00%
Legg Mason WA Cash Reserve Fund 1,777 1,777 (0) ·0.01%
Putnam Diversified Inc. 4.31% 2,529,908 2,006,370 (523,537) -20.69%
Alliance Limited Duration High Income A 2.54% 2,909.457 1,996,690 (912,767) ·31.37%
MSSB Money Market/Cash 5,312 (5,312) ·100,00%
SBA -Florida Prime 345 345 0.00%
Cash on Hand 3,150 3,150 0.00%
Subtotal $ 17,114,220 $ 19,893,941 $ 2,779,722 16.24%
Police Pension Investments $ 7,809,840 $ 7,911,554 $ 101,714 1.30%
c;eneral Pension Investments 14,244,335 14,426,699 182,364
Subtotal $ 22,054,176 $ 22,338,253 $ 284,077
Total $ 39,168,395 $ 42,232,194 $ 3,063,799 7.82%
• Denotes the 30 day SEC Yield Anualized
City of Atlantic Beach
FINANCIAL REPORT
December 2013
AGENDA ITEM# 4A
FEBRUARY 10, 2014
Revenues
Annual YTD • 25.00% YTD Dollar
Fund I (Footnote) Estimate of Estimate Actual Variance
~-""' --=· ~ =---'-
General (1) $ 10,931,117 $ 2,732,779 $ 5,117,983 $ 2,385,203
Convention Development Tax 80,300 20,075 24,670 4,595
Local Option Gas Tax 421,009 105,252 105,729 477
Better Jax 1/2 Ct Sales Tax 694,870 173,718 174,675 958
Pol1ce Training, Forfeiture & Grants, etc. 96,660 24,165 17,004 (7, 161)
Grants 75,000 18,750 7,641 (11,109)
Capital Projects 495,000 123,750 113,493 (10,257)
Utility 8,611,203 2,152,801 2,121,851 (30,949)
Sanitation 1 '789,000 447,250 456,670 9,420
Building Code Enforcement (2) 281,550 70,388 105,197 34,810
Storm Water 1 '155,000 288,750 309,670 20,920
Pension-Police (3) 1,329,681 332,420 530,982 198,562
Pension-General (3)
Total $
2,190,980 547,745
28,151,370 $ 7,037,843 $
Analysis of Major Variances
(Variances >$25,000 AND 10.00%)
924,705 376,960
10,010,271 $ 2,972,428
In general, the major variances are created when the actual funds received-to-date are
different from the percentage of the budget elapsed-to-date. They are as follows:
(1) The positive variance in the General Fund is mostly due to the timing of property tax
receipts. The bulk of the receipts come in November and December.
(2) Building Code Enforcement permit activity is running above projected revenues,
similar to surrounding jurisdictions and counties.
(3) The $198,562 and $376,960 positive variances in the Pension Fund-Police and
Pension Fund~General, respectively, resulted from changes in market values of the
investments of more than the anticipated amount.
Percent
Variance
87 28%
22.89%
0.45%
0.55%
-29.63''l'o
-59.25%
-8.29%
-1.44%
2.11%
49.45%
7.24%
59.73%
68.82%
42.23%
City of Atlantic Beach
FINANCIAL REPORT
December 2013
AGENDA ITEM# 4A
FEBRUARY 10, 2014
Annual YTD-25.00% YTD Dollar
Department I (Footnote) Estimate of Estimate Actual Variance
Governing Body $ 42,933 $ 10,733 $ 10,627 $ 106
City Administration ( 1) 2,646,527 661,632 574,197 87,435
General Government (2) 640,370 160,093 280,907 (120,814:1
Planning and Building 434.709 108,677 85,591 23,086
Public Safety (3) 5,679 231 1 ,419,808 972,904 446,903
Recreation and Special Events 396 901 99,225 100,958 (1 ,733)
Public Works (4) 7,869 621 1,967,405 1,325,572 641,833
Public Utilities 10,793.308 2,698,327 2,928,356 (230,029:1
Pension -Police 751.628 187,907 185,822 2,085
Pension -General (5) 852,850 213,213 254,801 (41 ,5891
Total ~ .. 301108,078 7,527,020 6,7~~.73~ $807,~83 ..
Annual YTD-25.00% YTD Dollar
Resource Allocation Estimate of Estimate Actual Variance
Personnel Services ( 1.3) $ 9,530,288 $ 2,382,572 $ 2,087,959 $ 294,613
Operating Expenses ( 1-4) 10,727,443 2,681,861 2,248,244 433.617
Capital Outlay (1.4) 5,772,559 1 ,443,140 248,213 1 '194,927
Debt Servtce (2,4) 2,448, 768 612,192 1,728,064 (1 '115,872)
Transfers 1,629,020 407,255 407,256
Total $ 30,108,078 $ 7,527,020 $ 6,719,736 $ 807,284
-·--""""-·~--.. -
Analysis of Major Variances
(Variances >$25,000 AND 1 0.00%)
In general, the major variances are a result of liming differences created between the
percentage of budget elapsed-to-date and actual expenditures. They are as follows:
( 1) The positive variance in City Administration was due to a vacancy in the Finance
Department when the Finance Director assumed the Interim City Manager position in
December; an approximate two month vacancy in the I Iuman Resource Department
when the previous HR Director resigned in September; and, litigation fees and IT
equipment yet to be expended.
(2) The negative variance in General Government resulted from the budget for insurance
premiums, other than health, and debt service being prorated over twelve months when
budgeted, but expensed when paid -insurance in October and SunTrust '99 debt
payoff in December.
(3) The positive variance in Public Safety was pariially due to the budget proration
practice mentioned above Fire contract with COJ is billed quarterly in arrears
(approximately $260,000 in January); and. lifeguard expenditures will appear
seasonally during Apnl-September. The remaining variance is due to turnover/unfilled
positions in the Police Patrol and Crime Suppression divisions.
(4) The variance in the Public Works Department was due to: project activity budgeted
that has not been started/completed-see Project Activity schedule; only two payments
recorded to the trash hauler and fleet maintenance provider (October payments for
September activity were recorded in FY13 for year-end cut-off); Storm Water Fund debt
payments were expensed in October when paid, but prorated for budget purposes; and
no expenses have been incurred towards the Parks Master Plan consultant or the
resurfacing/street paving program.
(5) The negative variance in Pension General resulted from a doubling from three to six
DROP participants with higher benefits.
Percent
Variance
0.99%
13.21%
-75.47%
21.24%
31.48%
-1.75%
32.62%
-8.52%
1.11%
-19.51%
10.73%
Percent
Variance
12.37%
16.17%
82.80%
-182.27%
10.73%
AGENDA ITEM /14/\
City of Atlantic Beach FEO RUJ\RY 10,20 14
FINANCIAL REPORT
December 201 3
Project A ctivity -Current Year A ctivity Only
Proj o ct YTO YTD
Projoct N a me Numllor B udeot A c tua l Ba l a n ce S tatus
P11bli c Safoly :
Kennr!l lmprovcrn e nl!o PS1401 40,000 40,000 s
I rio G uard Burldm g l mprovcmcnls PS1402 6 ,000 6,000 s
..J 46,000 $ s 46,000
Public Util ities:
Hccla rm Water Plant PU0805 1.352.708 41 ,389 1 ,311,3 19 I
l~eplace th e Wa ter Mnln on Prn o Street P U1304 5:>,199 7.823 4 5,376 I
HP placc 4' Wa ter Mam at Wonderwood <rnd I rncgar PU1305 82,567 11 ,78 3 10 ,784 I
PI Repair at Lrft StJtr on C PU 1306 t O 280 10 .260 8
Roparr 211" Elftuont Force Mnrn PUI 3 0 8 5 ,260 5.200 E
Rl'IW" 12" force Marn PU 1309 3.363 3,363 E
Water Pla nt 117 r::~nk Rehabr trt atron PU140 1 125,000 125.000 E
Wate r Plant IJ ? Rchabrlrt ohon GS 1 P U 140/ 100,000 100 ,000 1:::
1\C Morn Sea Oats PUI 1W3 390,000 3 90.000 L:
l nlrn c Val ve l nstollatron s PU 14 04 50,000 50,000 [;
Manhole Replace Satu rr ba P U 14 0 5 86,000 86.000 E
Sewe r Rehal>rtrtatron S ::~turrba PU 14 06 27 .264 27 264 E
Don ner Subcl Sewer Upgrade PU 14 07 155.000 155.000 E
r ruu ent O ullall Rcplocement P UI408 300,0 00 300,000 F.
Llfluent Pump at 1/tNV I r PU 14 09 50,000 50,000 I
Sub l ol at $2.790,641 $ 60,995 $-2,729,6 46
Parlts Mainte n a n ce:
Mar sh Master Pion Srgn s PM1 3 01 625 625 c
Hose Park Deve lopment PM1 302 19 7 357 121 ,11 2 76.24 5 I
Russell Park I cnnrs Courts I II PMI401 I 0 0,000 100,000 s
Bull Park Gozcbo PM 1402 40 000 40.000 s
Donner Pdrk Balllreld Im provements PM I403 75.000 75,000 A
M<Hsh PfOJOC t Pcrlcslrr i lfl Pa th PW1408 150,000 150 ,000 F.
Mat ch Overlo ok .Jnd Kayak L<~unch PW1409 29 5,000 2 95,000 E
M o.~rsh Preserve Patll PH7 -I PWI4 10 -1 0.000 40.000 I
Sul>tolal $ 897,982 _s __ I 2'1...:Q7 __ $ 776 .. 245
Public WorKs:
DuUorr Isle Road Srciowalks
r as t Coas t Drr vc Urar nage lmprovemerll~
LJs l Coasl Orr vc l mprovcfi\Cnl s
I rllii11Firn
Welcome Stgn
Hober t Str ee t Di tch
SrrJcwalk and Cu rbs
Salt Arr Dr arn age ond Srdewalk Improvement s
::;cmtnole Roau Improvem e nts
~qJu s I <~
A Orci/R FP Advcrlt scd
U -13r cJ Awarded
C -Proj ect Complete d
0 Desrg n C ompleted
OC -Deferred
L Des1g n Phase
Subtol,tl
T otn l
PW1 30 1 65.263 849
PW 1306 3 19,04 6
PW I-1 0 1 79,000
PW111 02 7,500
PW I 403 I t ,OO O
P W I 11 0 4 50.000
PW I 405 25,000
PW1406 380,000
PW 1407 490 ,000
$ 1,4 2 6 ,809 -~ 849
$ 5,161 ,432 $ 183,561
I Project In-progress
N -Complete/Non -Capital
R Re·budget Next r rscal Year OR Re-Eval uated
S -S taff Resear chrng
X-P roj ect Cancelled
6 '1 ,4 14 E
3 19,04 6 A
79.000 A
1,!>00 [
1 1,000 E
50,000 I
25,000 I
380,000 J\
490,000 "
$~25.960
$ 4 ,977,851
Water Plant Production
Atlantic Beach
Buccaneer
Total Production
Total Water Billed
Loss for month:
Sewer Sales
Atlantic Beach
Sewer Treatment
Atlantic Beach
City of Atlantic Beach, Fl.
Utility Sales Report
0000
40,109
14,987
55,096
51,521
3,575
6.49%
9.93%
Revenue
49.482 $408,583
0000
39,100
16,673
55,773
57,178
-1,405
-2.52%
14.59%
AGENDA ITEM# 4A
FEBRUARY 10,2014
Revenue
54.746 $418,165
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
REVIEWED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Lis t of property to be declared surplu s
Nelson VanLiere, Interim City Manager
De ce mber 3 l , 20 13
AGENDA ITEM II 4B
FEBR UARY 10.20 14
Over tim e, th e City acc umul ates va ri ous properties th at lose
thejr usefulne ss du e to deter io ration o r obso lescence. Only
items deemed trul y of no use to th e City are on thi s list.
These assets were either not operational, have been dee med
no longe r cost-effective to repair, or were received throug h
forfeiture.
There is no bud ge t for thi s action
Declare this li st of prope tty as su rplu s so that th e items on
it may be disposed of in the mo st beneficial way to the
City.
Li st of property to be declared surplu s
DEPARTMENT
Sewer Collections
Animal Control
Animal Control
CITY OF ATLANTIC BEACH
SURPLUS PROPERTY LIST
AS OF DECEMBER 31, 2013
DESCRIPTION FLEET#
1997 Chevy C 1500 Pick-up Truck P-36
2006 Ford Ranger 4 x 4 Pick-up Truck 0627 (P-44)
2007 Ford F150 1/2 Ton 4 x 4 Pick-up Truck 0726 (P-43)
0:\Finance\Fixed Assets\[Surplus Property List 12-31-13.xls]list for staff report
Mileage
107,910
67,976
60,993
AGENDA ITEM# 4B
FEBRUARY 10, 2014
12/13/13
FIXED
SERIALNIN # ASSET#
1 GCEC14M6VZ227745 785
1FTYR11EX6PA54561 1645
1 FTRF14WX7NA37788 1816
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO 80-14-84
AGENDA ITEM# 7A
FEBRUARY 10, 2014
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE I,
SECTION 22-4 AUTHORITY TO ADJUST OR WAIVE CHARGES IN
APPROPRIATE CASES, (E) ADJUSTMENT FOR LEAKS ON CONSUMER'S
SIDE OF METER, AND (F), ADJUSTMENT FOR FILLING SWIMMING
POOL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
DATE: January 22, 2014
SUBMITTED BY: Nelson VanLiere, City Manager ~~
STRATEGIC PLAN LINK: N/A
BACKGROUND:
As is customary for most utilities, it is the City's policy to adjust utility bills for excessive
consumption for leaks or pool fills. The inclining block rate structure adopted in 2004 is
designed to charge increasingly high amounts per thousand gallons to discourage wasteful use.
In the case of a leak, or a pool fill, the otherwise low usage customer is penalized for the
excessive use as if they were wasteful, when in fact they may be very conservation oriented.
When excessive consumption occurs, the current practice is to adjust the bill amount down by
charging the excessive gallons used at lower volume rate. Excessive is considered consumption
above a twelve month average for the location due to a documented leak or a pool fill. This
practice has been in place for years.
Through recent customer complaints, it has come to our attention that the adjustments given are
not truly helping the customer as much as the policy intended. In 2005, the City recognized the
need to adjust bills for high consumption as a result of the new rate structure and added
language to the code to allow for this. The decision made at the time was to adjust bills down
to the second tier rate instead of the first tier. This still results in a very large bill for customers
that experience leaks and after providing documentation and receiving an enormous bill,
provides little relief.
Since the intent of the higher block rate is to encourage conservation and not penalize otherwise
prudent customers, it is my recommendation that we amend the code to allow adjustments for
excessive consumption down to the first tier. The impact to the City will be to slightly lower
AGENDA ITEM# 7 A
FEBRUARY 10, 2014
revenues collected for water and sewer volume charges by the difference between the first and
second tier rates. This reduction should be easily absorbed by the utility.
Example; If a customer that averages 5k gallons a month has a toilet leak and uses 20k gallons,
he would see volume charges go from $24.14 to $119.25. Under the current code, we would
adjust the bill down to $99.58 resulting in a reduction of $19.67. This is very little help and
penalizes the customer who usually conserves water for a one-time occurrence of excessive
consumption due to a leak.
The proposed language would allow that same customer to have an adjustment of $73.3 7
bringing the volume charges down to $45.88.
The City made 18 adjustments in November including 8 toilet leaks, four pool fills and 6 slab or
line leaks. It would seem appropriate to adjust the accounts down to an amount that was more
in-line with the consumption history of the location than to burden the customer with an
excessively large bill for water that he/she did not intend to waste.
BUDGET: The Public Utility revenue budget should be able to absorb the revenue loss from
the additional adjustments. An annual estimate based on November's adjustments would
approximate a $20,000 revenue loss.
RECOMMENDATION: To adopt Ordinance No. 80-14-84 on second reading.
ATTACHMENTS: Ordinance No. 80-14-84
REVIEWED BY CITY MANAGER --n Y ~ t.;?'u._ f
ORDINANCE NO 80-14-84
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES,
ARTICLE I, SECTION 22-4 AUTHORITY TO ADJUST OR
WAIVE CHARGES IN APPROPRIATE CASES, (E)
ADJUSTMENT FOR LEAKS ON CONSUMER'S SIDE OF
METER, AND (F), ADJUSTMENT FOR FILLING
SWIMMING POOL; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
AGENDA ITEM# 7A
FEBRUARY 10, 2014
WHEREAS, the City has carefully considered the complaints of utility customers
regarding the amount of adjustment received for excessive water consumption related to a leak or
pool fill, and
WHEREAS, the City has determined that amending the code to allow adjustments down
to the first tiered rate from the second tier would more appropriate, and
WHEREAS, the City proposes to amend the code of ordinances to reflect this change in
policy recognizing the financial impact to the City's utility is reasonable.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
SECTION I. Chapter 22 Utilities, of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended to read as follows:
ARTICLE I-IN GENERAL
Sec. 22-4. Authority to adjust or waive charges in appropriate cases.
(e) Adjustment for leaks on consumer's side of meter. An adjustment may be
made to the rate charged for excessive water volume consumed as a result of a leak on
the user's side of the meter where the discharge entered the sanitary sewer system. The
adjustment for water and sewer volume charges would be based on water usage in excess
of that location's average normal monthly consumption for the previous twelve-month
period. The adjusted rate for those excess gallons used would be the rate in effect for the
four (4) to eigh-t (8) zero (0) to three (3) thousand gallon usage per month block rate.
Also, an adjustment to the volume billed may be made to the sewer volume potiion of the
utility bill as a result of a leak on the consumer side of the meter if the water service was
broken at the point where the discharge did not enter the sanitary sewer system. The city
shall decide the extent of the adjustment based on water usage in excess of that location's
average monthly usage for the previous twelve-month period.
AGENDA ITEM# 7A
FEBRUARY 10, 2014
Any request for an adjustment for either water volume or sewer volume charges must be
accompanied by documentation of the leak, in a format acceptable to the city.
No allowances will be made due to running water due to weather conditions.
(f) Adjustments for filling a swimming pool. A one time, per owner, allowance or
adjustment of volume billed for gallons used may be made to the rate charged for
excessive water consumed as a result of filling a swimming pool. The adjustment would
be based on water usage in excess of that location's nmmal monthly usage based on prior
consumption history of the previous twelve-month period. The adjusted water volume
rate for those excess gallons used would be the rate in effect for the four (4) to eight (8)
zero (0) to three (3) thousand gallon usage per month block rate. The sewer volume
billed is to be adjusted down to the average normal monthly usage.
Any request for an adjustment for water and sewer volume charges for filling a
swimming pool must be accompanied by documentation for a new pool or repair, in a
format acceptable to the city.
SECTION 2. Severability
If any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 3. Effective Date
This Ordinance shall take effect upon its final passage and adoption.
Passed by the City Commission on first reading this 13th day of January, 2014.
Passed by the City Commission on first reading this __ day of , 2014.
Carolyn Woods
Mayor I Presiding Officer
Approved as to fmm and conectness:
Richard Komando
City Attorney
ATTEST:
Donna L. Bartle, CMC
City Clerk
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Report on the Central Florida Water Initiative (CFWI)
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
DATE: January 21, 2014
STRATEGIC PLAN LINK: None
AGENDA ITEM# SA
FEBRUARY 10, 2014
BACKGROUND: The 2014 Central Florida Water Initiative (CFWI) is a Regional Water Supply
Plan jointly developed by the St. Johns River Water Management District, the South Florida Water
Management District, the Southwest Florida Water Management District and numerous stakeholders.
The CFWI identifies programs and projects to ensure water supplies meet the needs of Central
Florida through 2035 while protecting the environment and water resources.
While none of the projects identified in the CFWI are located in the Beaches or North Florida areas,
proposed use of the St. Johns River for water supply in Central Florida has been a past concern of the
City Commission. Concerns included potential impacts on salinity, nitrogen levels and concentration
of other pollutants.
The Draft 2014 CFWI includes the St. Johns River as an alternative water supply source, with
potential projects identified to withdraw up to an additional 155 million gallons per day (MGD) from
the St. Johns.
On June 9, 2008 the Commission passed Resolution No. 08-01, opposing additional water
withdrawals from the St. Johns and Ocklawaha Rivers until a thorough and complete scientific
investigation of the possible effects of upstream water withdrawals was completed. The Resolution
also supported that water conservation measures be fully studied and used in areas where withdrawals
from the St. Johns River were proposed.
Since that time, the St. Johns River Water Supply Impact Study was completed in 2012. This was a
rigorous 4-year study to determine the potential environmental effects of withdrawing water from the
river. Staff attended the two technical symposiums that were held to review and discuss the study's
findings.
Over 70 scientists and engineers, including many internationally renowned experts in riverene
ecosystems participated in the study. The St. Johns River Water Management District then engaged
the National Research Council to peer review the study, and incorporated those recommendations.
The St. Johns River Water Supply Impact Study confirmed the findings that St. Johns and Ocklawaha
Rivers could be used as an alternative water supply source without causing significant harm to the
environment.
AGJ\NDA ITEM II 8A
FEBRUNW 10,20 14
Regarding conservation, the CFWI thoroughly examined potential water sav in gs through
conservation effotts for th e various categories of water users and those figures are inc luded in the
plan . Signi ficant improvements in wate r conservatio n have occurred in th e CFWI planning area.
While conse rvat ion can elim in ate an estimated 42 .3 MGD of the proj ec ted water dem a nd in 2035,
a lternative water supplies will still be needed.
Copies of the Draft CF WI and th e St . Johns River Water Supply lmpacL Study are available o n the
District 's website at www .FI Mtd <.ts WqL,9 r.co m under Wat er Supp ly.
BUDGET: None
RECOMMENDATION: Non e--Report provided for Comm ission information.
ATTACHMENTS: Re soluti o n 08-01 adop ted January 14,2008
2
RESOLUTION NO. 08-01
AGENDA ITEM# SA
FEBRUARY 10,2014
A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXPRESSING
CONCERN ABOUT THE PROPOSED WITHDRAWAL OF WATER FROM THE
ST. JOHNS RIVER SYSTEM; URGING THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT TO STUDY THE POSSIBLE EFFECTS OF
SURFACE WATER WITHDRAWALS AND ENSURE THAT NO
UNACCEPTABLE IMPACTS TO THE RIVER WILL RESULT; PROVIDING
FOR SUBMITIAL OF COPY OF THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, growth in the Orlando and surrounding areas will require more water than
the Floridan Aquifer can supply by the year 2013, and
WHEREAS, the St. Johns and Ocklawaha Rivers have been identified as potential
sources of water which would be less expensive than other alternatives such as desalinization,
and
WHEREAS, Florida's water belongs to all of us, but use of that water also brings with it
the responsibility to maintain a healthy environmental balance for all that share in it's use, and
WHEREAS, it is the state mandated responsibility of the St Johns River Water
Management District (SJRWMD) to ensure that we all live up to our obligations for responsible
environmental stewardship of our shared aquatic resources, and
WHEREAS, large-scale withdrawals of water from the St. Johns and Ocklawaha Rivers
may have serious environmental impacts on downstream communities, and
WHEREAS, one potential impact of the withdrawal of water is through increased
salinity which could impact recreational and commercial fishing as well as the shrimping
industry, and
WHEREAS, another potential impact is the increased concentration of pollutants
including nitrogen for which state and federal environmental regulations require that a Total
Maximum Daily Loads (TMDLs) be set to protect the rivers, and
WHEREAS, cities and counties in Northeast Florida are expected to spend over a billion
dollars in this region alone to meet the TMDL limits presently contemplated and those
expenditures will have a serious economic impact on virtually everyone in the region, and
WHEREAS, any additional expense caused by failure to meet TMDL standards, as a
result of water withdrawals by upstream communities would place an unfair economic burden on
the Northeast Florida region to support growth in the Orlando area and those costs may be
beyond the ability of some cities and counties to fund, and
WHEREAS, the SJRWMD is aware of these concerns and has begun studies to
detennine the amount of water that can be safely withdrawn, and
AGENDA ITEM# 8A
FEBRUARY 10, 2014
WHEREAS, the St. Johns and Ocklawaha Rivers can only provide a short-tenn solution
to an ever-increasing need for water but cannot fulfill the need in the long term, and
WHEREAS, all of these factors have caused significant public concern and have focused
the attention of government and civic leaders in Northeast Florida on these issues,
NOW THEREFORE, be it resolved by the Atlantic Beach City Commission as follows:
SECTION 1. Intent and Purpose
That the City of Atlantic Beach joins with other local governments in the region in
opposing any additional water withdrawal from the St. Johns and Ocklawaha Rivers, and asks
that the SJRWMD deny future withdrawal pennits unless and until
a. A thorough and complete scientific investigation of the possible effects of the water
withdrawals from the St. Johns and Ocklawaha Rivers be completed by the
SJRWMD,and
b. That the SJRWMD invite outside agencies such as private consultants, other
institutions engaged in similar scientific research, and private environmental interest
groups to participate in the study so as to provide peer review and open discussion of
both the methods and results of the investigation with the hope of arriving at a
consensus of the effects of water withdrawals proposed, and
c. That the results of such study be made available and be widely distributed to the
public prior to any pennits being issued by the SJRWMD for withdrawal of water
from the rivers and give public and private interests ample time to study said results,
and
d. Water conservation measures be fully studied, implemented and utilized in the areas
proposed to receive the water withdrawals prior to any additional withdrawals being
commenced.
SECTION 2. Sustainability for the Long-Term
The City of Atlantic Beach encourages and supports the SJR WMD and recipient water
suppliers to study and implement additional methods of water conservation, desalinization and
limitations on future growth to balance the need for water with available supplies for the long
term so that balanced solutions will be in place prior to taking additional water from our rivers in
the short term.
SECTION 3. Distribution
AGENDA ITEM# SA
FEBRUARY 10, 2014
The City Clerk is authorized and instructed to send copies of this resolution to members
of the St Johns River Water Management District Governing Board, the Duval Legislative
Delegation and to Governor Crist.
SECTION 4. Effective date
This Resolution shall take effect immediately upon its adoption.
Adopted by the City Commission of Atlaritic Beach, Flori
DONNA L. BUSSEY, CMC
City Clerk
as to form and correctness:
· 14th day of January, 2008.
Draft Mlnw cs oftlte October 15. 2 01 3 regular mecling of the Community Del'e/opm cnt Boartl
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
November 19, 2013
1 . CALL TO ORDER.-6:06pm
AGENDA ITEM II 80
FI ·:BRUARY 10,20 14
Chair Brea Paul verified the prese nce of a quorum with the attendance of, Ke lly Elmore,
Harl ey Parkes, Patrick Stratton and Sylvia Simmon s. The meeting was ca lled to order at
6:06pm. Al so present was the Building and Zo nin g Director, Michael Griffin,
Redevelopment and Zoning Coordinator, Jeremy Hubsch and Recording Secretary Jenny
Wa lker. Kirk Han son arrived at 7:00pm, Jason Burge ss was absent.
2 . ADOPTION OF MEETING MINUTES-October 15, 2013.
Brea Paul called for a motion to approve the minutes of the October 15, 2013 regular
meeting. Kelly Elmore moved that minutes be approved as written . Patri ck Stratton
seconde d the motion and it carri ed by a vote of 7-0 .
3. OLD BUSINESS. Non e.
4. REPORTS.
A. Boats and Trailers. Brea Paul aslted for a vote by s how of hands to talte the
Agenda out of order and discuss Boats and Trailers ahead of New Business
based on the number of citizens in attendance to spealt on this topic. Brea
Paul stated the Boats and Trailers Ordinance was discussed at the October 151h
meeting and the Board had aslted staff for some additional details to include
the actual number of violations that were actually present. Michael Griffin
spoke stating the Board aslted for s ome site boundary information, Code
Enforcement information and staff did a survey of 80% of Atlantic Beach and
found that there were 21 boat violations, 13 of the violations the boats could
be relocated on the property and be found in compliance. 28 boats were
found in compliance. Five trailers and campers were found in violation and 9
trailers and campers were found in compliance. On the Code Enforcement
issues we average 10 complaints per month for boats and trailers or
recreational vehicles in the front yard Mr. Griffin refreshed the boards
memory that Jacl<sonville, St. Augustine, Neptune Beach and St. Johns County
has the same regulations of no boats or trailers in the front 20ft front yard
setbaclt. jacl<sonville Beach allows one 20 ft boat in the front yard setbaclt.
Atlantic Beach is less restrictive than Jacl<sonville, Neptune Beach, St.
Augustine and St. Johns County by allowing the boat to be 15ft from the front
property line. The Board also asl<ed for some boundary information. Mr.
Griffin showed a plat of the Park Terrace subdivision stated that when plats
are set up houses are set up on the Jot with generally a 20ft setbacl<, anything
Pa ge I o f 2
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
AGENDA ITEM# 8B
FEBRUARY 10, 2014
beyond that 20ft setback is in the right of way. He then showed several
examples of compliant lots and noncompliant lots boats, trailers and campers.
Kelly Elmore questioned how long time wise can a boat or recreational vehicle
be in the right of way before Code Enforcement will ticket it. Mr. Griffin
responded stating Code Enforcement will leave a courtesy notice first giving a
reasonable time. Mr. Elmore asked and if the homeowner states that it is a
visitor and it will be removed in a few days ? Mr. Griffin stated the City will
work with them before taking any code enforcement action. The firstspeaker
was Mr. Paul Gunsaulis, 780 Begonia Street. Mr. Gunsaulis stated that because
everyone in Atlantic Beach has different lot lines, he feels the only way the City
can uniformly enforce the Boats and Trailers Ordinance is to change the
wording on b (2) from stating "15 ft setback from the lot line" to read "15ft
setback from street pavement:' He states that would put him in compliance.
The second speaker was Michael Hampton, 651 Begonia Street. He stated
someone from the City came out to his property yesterday and told him he
could take down 2 trees on the lot and move his boat back and be in
compliance. He said it is absurd for him to remove trees and that too many
trees have been removed in Atlantic Beach already. He states again that "he
will not remove his boat, the City can fine him all they want, he will not move
his boat". The third speaker was Linda Spencer, 282 Magnolia Street. She
agrees with homeowners having home rights but her neighbors have their
boat parked right underneath her bedroom window. She is in favor of the
Ordinance the way it is. Final speaker is Chris Lambertson, 357 12th St.
Believes the issues with Boats and Trailers started because of the lack of Code
Enforcement on this ordinance in the past. Mr. Lambertson believes that our
codes are too lax for boats aesthetically and the noise factor and that the City
should increase the setback for boats, trailers and recreational vehicles. Kelly
Elmore stated that this ordinance is in place for a reason and we do have the
most lax ordinance compared to surrounding municipalities. He feels the
ordinance should be left just as it is. The ordinance withholds the standard
aesthetic throughout the City. Harley Parkes stated that he agrees with Mr.
Elmore. Sylvia Simmons stated that she drove all over the City and was
surprised at how few violations she saw. Ms. Simmons stated reducing the
requirement may result in creating more boats and trailers. She doesn't think
the Ordinance should be changed at alL Brea Paul says she concurs with all
the other board members, we have the most lax code already.
Kelly Elmore made a motion to keep the Boats and Trailers Ordinance as
written in place, unaltered Harley Parkes seconded the motion and it carried
by a vote of 6-0.
Page 2 of2
Agenda Item:
Submitted by:
Date:
STAFF REPORT
City of Atlantic Beach
Commission Meeting
Paperless Agenda Project Update
Keith Randich, IT Director
January 21, 2014
Strategic Plan Link: Goal 13; Go Paperless
Background
AGENDA ITEM# 8C
FEBRUARY 10, 2014
A project was approved for fiscal year 2013-2014 to equip the Commissioners with a
device that would enable them to electronically review, annotate, and store copies of
meeting agendas in place of producing hard copies.
The City Clerk's Office prints agenda packets for Commissioners for at least 23
meetings per year. Some agendas run almost 400 pages. The agendas can be
electronically delivered to each Commissioner in the same timeframe that they now
receive their paper copy. They would have the ability to make annotations on the
agenda, and then store their own personal copy of the document. Copies of the
document would reside in a file share on the Internet that would be accessible by the
Commissioner and the City Clerk.
Update
Two Apple iPad tablets were distributed to Carolyn Woods and Maria Mark in
November to determine if these devices would work successfully for this project. The
City Clerk has been downloading copies of the meeting agendas to the iPads.
Software has been installed to allow the user to annotate the agendas with their notes.
Budget-$7500
Recommendation
Receive feedback from Mayor Woods and Commissioner Mark on their
experiences with the iPads, and form a consensus on the direction the project should
take.
Reviewed by City Manager: _-:?ZJiC_J..J,_K:.....I~"""'· ~d~~q,~;---=..f{-~:::....:~1'+76...L+-r------
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: FY 2013 -2014 Resurfacing Project
SUBM ITTED BY: Rick Carper, P.E., Public Works Director ,Lc_
DATE: January 21, 2014
STRATEGIC PLAN LINK: None
AGGN DA IT EM II RD
PEORUA RY 10.20 14
BACKGROUND: The City Commission was briefed on the tentative Pavement
Management Rogue's Gallery and proposed FY 13-14 Resurfacing program
during budget workshops in August 2013. The final ranked listing (worst streets
first) is attached . Because of cost and staff time savings, Staff proposes to use
the competitively bid St. John's County Annual Asphalt Maintenance Services
contract (Bid 12-66) for this project. The proposed project wi ll resurface ten of
the Pavement Management lowest ranked street segments. Staff proposes to
edge mill and overlay those streets with curb and gutter (Oceanwalk Dr. W .,
Oceanforest Dr. N., and portions of Stocks and Camelia) and to only overlay the
other streets on the list. Project cost estimate does not include the bituminous
index cost which varies monthly and may yield a negative adjustment to cost
estimate. In addition, Staff proposes to use Resurfacing funds to construct
driveway aprons to protect the new paved street edge for 1 0 homes on Stocks
Street that currently do not have driveways connecting to the paved street. Staff
estimate of the project is $271,000 , l eaving approximately -10% of this year's
al located funds as contingency.
The 2013 Overa ll Condition Index (OC I) for City streets was 75 .80 compared to
73.60 in 2012.
BUDGET: Thi s project is funded from the Gas Tax Fund, Account No .
130-5002-541-3400 ($218 ,000) and from the Half cent Sales Tax Fund,
131-5002-541 -3400 ($82 ,000) for a total of $300,000 allocated for FY
2013-2014.
RECOMMENDATION: Authorize the City Manager to approve Purchase Orders up to
the budget amount. Staff intends to 'piggy-back' on existing large scale
contracts for resurfacing as allowed by the City's Purchasing Code 2-336(6).
ATTACHMENTS: 1. Cost Estimate for Proposed Mill & Resurface List
2 . Pavement Management Rogue's Gallery
REVIEWED BY CITY MANAGER: ·~ (/b.= ;:;:/t+.; t/z i4 '/
E E E
G E'S G
Street Name Starting Point Ending Point OCI
Beach Avenue 16th Street 18th Street 41.67
W. Plaza Drive 1 Rose Street Mayport Road 41.67
W. 9th Street 3 Camelia Street Begonia Street 42.08
Mary Street Stewart Street Dead End 43.33
Stocks Street 1 W. 6th Street North Cul-De-Sac 46.25
Stocks Street 2 Levy Road Cul-De-Sac 46.25
Oceanwalk Drive W. Oceanwalk DriveS. Oceanwalk Drive N. 46.67
Camelia Street 2 W. 1st Street Cul-De-Sac 46.67
W. 6th Street 1 Begonia Street Main Street 46.67
Orchid Street 1 Levy Road Dead End 46.67
Oceanforest DriveN. Oceanwalk Drive N. Seminole Road 47.08
Dutton Island Road W. 4 Park Gate End of Asphalt 47.08
Mealy StreetS. Stewart Street Cul-De-Sac 47.08
W. 14th Street 1 Main Street Begonia Street 47.08
Francis Avenue 1 Donner Road Jackson Road 47.92
Beach Avenue Ahern Street 7th Street 48.33
Jasmine Street 2 W. 6th Street Cul-De-Sac 48.33
City Of Atlantic Beach 2014 Resurfacing Program
Street From TO 2013 Mill Mill Pave S-3 S-3 Mill/Pave Running Total Comments
OCI SY Total SY TN Total Estimated Estimated
Beach Avenue 16th Street 18th Street 41.67 0 $ -3904 322.08 $ 27,666.67 $ 27,666.67 $ 27,666.67
W. Plaza Drive 1 Rose Street Mayport Road 41.67 0 $ -1802 148.68 $ 12,771.90 $ 12,771.90 $ 40,438.57
Mary Street Stewart Street Dead End 43.33 0 $ -711 58.67 $ 5,039.47 $ 5,039.47 $ 45,478.04
Stocks Street 1 W. 6th Street North Cul-De-Sac 46.25 305 $ 381.25 2867 236.50 $ 20,315.35 $ 20,696.60 $ 66,174.64
Stocks Street 2 Levy Road Cul-De-Sac 46.25 0 $ -2067 170.50 $ 14,645.95 $ 14,645.95 $ 80,820.59
Oceanwalk Drive W. Oceanwalk DriveS. Oceanwalk Drive N. 46.67 1960 $ 2,450.00 4784 394.68 $ 33,903.01 $ 36,353.01 $ 117,173.60
Camelia Street 2 W. 1st Street Cul-De-Sac 46.67 670 $ 837.50 6502 536.43 $ 46,079.62 $ 46,917.12 $ 164,090.72
W. 6th Street 1 Begonia Street Main Street 46.67 535 $ 668.75 2133 176.00 $ 15,118.40 $ 15,787.15 $ 179,877.87
Orchid Street 1 Levy Road Dead End 46.67 0 $ -1242 102.48 $ 8,803.32 $ 8,803.32 $ 188,681.19
Oceanforest Drive N. Oceanwalk Drive N. Seminole Road 47.08 1450 $ 1,812.50 4224 348.48 $ 29,934.43 $ 31,746.93 $ 220,428.12
Mealy StreetS. Stewart Street Cul-De-Sac 0 $ -1431 118.07 $ 10,141.93 $ 10,141.93 $ 230,570.05
Total 4920 $6,150.00 31668 2612.57 $224,420.05
Estimated Bituminous Index for the Estimated Tonnage $0.00
Milling costs @ $1.25/ SY 58 Manhole Adjustment@ $500 Each $29,000.00
Paving cost at $85.90 I Ton 16 Water-Valve Adjustment@ $250 Each $4,000.00
10 Driveway Extensions $9,000.00
$42,000.00
Total $ 272,570.05