1-13-14 MINUTES
*REGULAR CITY COMMISSION MEETING
January 13, 2014
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Carolyn Woods City Manager Nelson Van Liere
Mayor Pro Tern Mark Beckenbach City Attorney Richard Komando
Commissioner Jonathan Daugherty City Clerk Donna Bartle
Commissioner Jimmy Hill Recording Secretary Nancy E. Bailey
Commissioner Maria Mark
Call to Order/Pledge:
Mayor Woods called the meeting to order at 6:30 p.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 Page 2
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 Page 3
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 Whalen, 1420 Mayport Road, spoke against the multi-family project. He stated Habitat is 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 Pane 4
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 10th 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 Pane 5
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 6:30 p.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 Daily, 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 support 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 Pate 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 fire 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 $100K+/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 Pate 7
He stated Habitat's most recent delinquency rate on mortgages 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 opportunity, 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 certified instructor for the FDEP Florida Friendly Landscape Best
Management Practices and she was here in support of the FDEP Florida Friendly Use of Fertilizer on Urban
Landscapes, as it is written.
Dean Traylor, 22801 NW 41st Avenue, Lawtey, spoke in support of the model fertilizer 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 supports the FDEP
model fertilizer ordinance as it is written. He stated science does prove that applying the fertilizers 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, Chairman of Board of Beaches Habitat, referring to a handout
from Donna Rex (which is attached and made part 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 support 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 forward 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 parking. 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 Pate 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 6:30 p.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 8:53 p.m. She reconvened the meeting at 8:59 p.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 Pane 9
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. Van Liere 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. Van Liere'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. Van Liere to go through the process and then it be determined that he doesn't
meet the qualifications according to our Charter. Mayor Woods asked Mr. Komando to give his rationale for
why he stated he thought Mr. Van Liere 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. Berry 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 years of administrative experience as a city or county government 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 financial 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. Van Liere to please correct her if she
was speaking out of turn. Mr. Van Liere stated he has not been an assistant; she is correct. 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 firm 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 financial 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 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. Van Liere 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. Van Liere 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 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 confrontational, 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 normal 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 Page 12
Votes:
Aye: 5—Beckenbach, Daugherty,Hill,Mark, Woods
Nay: 0
MOTION CARRIED
1. A. Approve the minutes of the Commission Workshop of November 18, 2013.
B. Approve the minutes of the Special Called Meeting of November 25, 2013.
C. Approve the minutes of the Commission Workshop of November 25, 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
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.
January 13,2014 REGULAR COMMISSION MEETING Pane 13
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 Daugherty 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
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 Page 14
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
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 Page 15
Motion: Approve Ordinance No. 90-13-220.
Moved by Mark, Seconded by Beckenbach
Mr. Carper explained we are required to implement this ordinance by our MS4 permit. Discussion ensued.
Votes:
Aye: 5—Beckenbach,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 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 repealing Section 24-84 (c) which requires 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 18th workshop on the Police Building. He answered questions from 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 Page 17
Votes:
Aye: 5—Beckenbach, Daugherty,Hill, Mark,Woods
Nay: 0
MOTION CARRIED
H. Award the contract for Fleet Management and Vehicle Maintenance Services to First Vehicle
Services.
Public Works Director Rick Carper stated staff's 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. Van Liere 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 Page 18
Mr. Van Liere 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. Van Liere 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 Audio/Visual/ 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 9:00 a.m. or after 7:00 p.m. on Saturdays and Sundays.
D. Commission Team Building Proposal
January 13,2014 REGULAR COMMISSION MEETING 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 current 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 PowerPoint 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.
• Reported on the Opening of Ferry on Sunday, stating it was a great opening. Also reported on the
Ferry 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 Page 20
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. Van Liere 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, ayor Woods declared the meeting
adjourned at 11:23 p.m.
/ El
Carolyn Woods
ATTEST: Mayor/Presiding Officer
G
Donna L. Bartle, CMC
City Clerk
*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.
797 Mayport Road
• Habitat Atlantic Beach,FL 32233
(904)241-1222
for Humanity® www.BeachesHabitat.org
Contact: Donna Rex, President
INFORMATION ABOUT BEACHES HABITAT FOR HUMANITY
AND THE DEVELOPMENT AT 201 MAYPORT
• Beaches Habitat for Humanity is a proud partner with the City of Atlantic Beach, and meets the
affordable housing and infill goals established in the 2010-2020 Comprehensive Plan (Ordinance
Number 31-10-09).
• The development at 201 Mayport is compliant with current zoning with 77 homes planned--
significantly below the allowable residential density of 140 homes.
• Beaches Habitat for Humanity homes are owner-occupied --third-party rentals are not allowed under
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 market values,not just Habitat homes. Our 32-
home,built in 1999 and mortgaged for$54,000,is under contract on the open market for$120,000 cash.
Beaches Habitat continues to be responsible for more than 83% of the homes it has built 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 Humanity as the mortgagee will be
responsible for all maintenance and repair of the building exteriors and roof, and for all landscape
maintenance 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 development.Beaches
Habitat is committed to quality construction at all times, and particularly in a community that will
serve as the gateway to the Mayport corridor.
• Storm water retention, and fire and safety accessibility are designed to be in full compliance.
• The development is 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 Humanity as an adjunct 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 their home or working on other Beaches Habitat programs. They must
qualify with good credit and within the federal income guidelines for low 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,home repair and
improvement, green living and more. Beaches Habitat is one of only a few affiliates that incorporate after-
school educational support for the children of Habitat homeowners and others in the community in need of
Habitat services. And every child and homeowner is eligible to qualify for a full college scholarship through
the Scheidel Scholarship program.
Beaches Habitat for Humanity partners with area churches and synagogues, local schools, other beaches
community city governments and a number of other nonprofit organizations to deliver services to our partner
families. And we rely upon thousands of volunteers annually for assistance in home building, education and
family support. It is truly a holistic approach to stemming the tide of poverty and providing opportunities for
education and homeownership to those who may not typically have access.
ATTACHMENT A