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1A - Minutes 2-10-14MINUTES *REGULAR CITY COMMISSION MEETING February 10, 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# lA MARCH 10, 2014 Mayor Woods called the meeting to order at 6:30p.m. Commissioner Mark 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 A. Presentation of Congressional Youth Award. Jackie Smith, District Director for Congressman Ander Crenshaw, explained the Congressional Youth Award, stating it is the highest award given by the United States Congress to youths between the ages of 14- 23. Cathy Christensen, Director of Education Programs for Beaches Habitat for Humanity, introduced the youths, Eric, Trevon, and Jeremiah, who have earned the Congressional Youth Award, explaining each of their accomplishments. Susan Goebertus, Coordinator of the Tutoring Program at Donner and Jordan Centers of Beaches Habitat for Humanity, then introduced Sabrina, Jessica, and Destiny, who have earned the Congressional Youth Award, explaining each of their accomplishments. Chief Classey congratulated each of the youth and thanked them for all they have done. Photos were taken with the Mayor and Chief Classey and the recipients were given a standing ovation. Mayor Woods opened the Courtesy of the Floor to Visitors. Mayor Woods welcomed the audience and explained the process for public comments. Ron Shockley, 1170 Linkside Ct. E., spoke in opposition of the Human Rights Ordinance (HRO). Bonnie Kleinik, 8835 Old Plank Road, spoke in opposition of the HRO. Jackie Sutherland, 11034 Santa Fe St. N., Jacksonville, spoke in opposition of the HRO. Raymond Johnson, 3036 Stratton Lane, Jacksonville, spoke in opposition of the HRO and the Resolution supporting the Competitive Workforce Act. He presented a King James Bible to Commissioner Daugherty. James Eddy, 222 Lawton Avenue, Jacksonville, spoke in support of the HRO. Nicholas de Villiers, 4510 Attleboro St., Jacksonville, spoke in support of the Resolution supporting the Competitive Workforce Act and the HRO. Glenn Clingenpeel, 11 Quail Lane, Jacksonville Beach, spoke in opposition of the HRO. AGENDA ITEM# 1A MARCH 10, 2014 February 10,2014 REGULAR COMMISSION MEETING Tom Minette, 1206 N. Laura St., Jacksonville, spoke in support of the HRO and the Resolution. Larry Paulk, 55 Fairway Lane, Jacksonville Beach, spoke in opposition of the HRO. Steve Haerter, 106 19th AvenueS., Jacksonville Beach, spoke in support of the Resolution and HRO. He also spoke in favor of the Beaches Habitat project. Linda Huffman, 50116th AvenueS., Jacksonville Beach, spoke in support of the HRO. Page2 Mike Whalen, 1401 Mayport Road, addressed the Commission regarding Habitat stating he supports their original intent but he is opposed to the project at 201 Mayport Road, explaining his reasons. John Louis Meeks, Jr., 5350 Arlington Expressway, Jacksonville, spoke in support of the Resolution. Philip Stephan, 1862 Evans Drive, Jacksonville Beach, spoke in opposition of 201 Mayport Road, but stated he believes Habitat is a great organization for single family homes. William Bryant, 4336 Coquina Drive, spoke in opposition of the HRO. Jean Shepard, 1661 Beach Ave., spoke in support of both the local HRO and the State Ordinance. Victor Eskew, 13695 Covington Creek Drive, Jacksonville, spoke in opposition of the HRO. Gary Chartrand, 139 Ponte Vedra Blvd., spoke in support of the HRO. Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO. Thomas Serwatka, 1431 Riverplace Blvd., spoke in support of the HRO. Ken Caudle, 1474 Marshview Ct., spoke in support of the Resolution and also addressed the bike path, asking how security measures will be put in place regarding parking, etc. Mayor Woods asked that he call her. Peyton Hopkins, 957 13th Ave. S., spoke in support of the HRO. Mitch Reeves, 1663 Sea Oats Drive, stated the Commissioners were elected by the citizens of Atlantic Beach and they are who they should be listening to. He further addressed the Greenway Bike Path. He also commended the police officers for their work in the community. Dan Merkan, 3159 College Street, Jacksonville, spoke in support of the Resolution and the HRO. Bill Renfroe, 9834 Buncome Rd., Jacksonville, spoke in opposition of the HRO. Paul Hinder, 1604 Coquina Place, spoke in opposition of the development at 201 Mayport Road. Kevin Walker, 12499 Hunt Cliff Lane, spoke in opposition of the HRO. William Renfroe, 9834 Buncome Rd., Jacksonville, spoke in opposition of the HRO. AGENDA ITEM# IA MARCH 10, 2014 February 10,2014 REGULAR COMMISSION MEETING Page3 Rosan Larizza, 721 Neptune Lane, spoke in suppmi of the HRO and the Resolution. Linda Banister, 2324 Foxhaven Dr. E., Jacksonville, spoke in support of the HRO and the Resolution. Karen Hawkins, 1475 Laurel Way, addressed the Marsh Plan stating it will damage their neighborhood. Bob Mark, 1148 Linkside Drive, spoke in support of the HRO. Sabrina Wheeler, 2392 Covington Creek Circle E., spoke in opposition of the HRO. Michael Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO. Ana Shepard, 41 Coral St., spoke in support of the HRO. Meredith Frisch, 620 Beach Avenue, spoke in support of the HRO. Johnny Sparks, 2020 Lake View Court, addressed the Commission stating the ruling is out of their hands unless they just take a moral vote. Wells Todd, 1761 Sea Oats Dr., spoke in support ofthe HRO. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Mayor Woods recessed the meeting at 7:55p.m. She reconvened the meeting at 7:59p.m. 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 of the Special Called Meeting of December 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. Mayor Woods asked if there were any corrections to the above minutes. City Attorney Rich Komando asked to amend the January 13 minutes stating, at the top of page 16, the indication of the motion to direct staff to propose ordinance amending Section 24-84 (c) requiring through lots along Beach A venue and Ocean Boulevard to have front yards face Ocean, he believes that because of the possibility for misinterpretation, he would recommend that it be read, direct staff to draft proposed ordinance repealing Section 24-84 (c) which requires through lots along Beach A venue and Ocean Boulevard to have front yards face Ocean Boulevard. He stated he believes that was the direction of the Commission. Motion: Amend the minutes according to the City Attorney's recommendation. Moved by Daugherty, Seconded by Beckenbach February 10, 2014 REGULAR COMMISSION MEETING Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED AGENDA ITEM# 1A MARCH 10, 2014 Page 4 There were no other corrections so Mayor Woods stated the remaining minutes will stand as submitted. 2. Courtesy of Floor to Visitors This item was taken out of sequence and acted on earlier in the meeting. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. City Manager Van Liere stated the only follow-up items are those that have been added to the agenda so he has no report other than that. 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, Code Enforcement Report, List ofNew Business Taxes, Financial Report 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. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A & B as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 14-02 February 10, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA MARCH 10, 2014 PageS A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE PROPOSED "FLORIDA COMPETITIVE WORKFORCE ACT," PROVIDING AN EFFECTIVE DATE. Mayor Woods read Resolution No. 14-02 by title. Motion: Approve Resolution No. 14-02 as read. Moved by Mark, Seconded by Beckenbach Commissioner Hill asked if this was the same ordinance they saw at the workshop, or was it modified, because he doesn't believe they can vote on it if it was modified. Mayor Woods stated this is a resolution to support the State legislature taking up the Florida Competitive Workforce Act. She stated they discussed this at the workshop. Commissioner Mark reiterated the resolution was presented at the workshop and consensus of the Commission was to put it on this agenda for approval. She stated this is the resolution, not the ordinance, supporting the Senate and House Bills that will be presented at the upcoming legislative session. She stated both bills were submitted to the Commission by the City Attorney via email. Commissioner Hill stated it isn't him that wants to see it, it is the public they represent and he would like to workshop it. Commissioner Daugherty stated it is public record and it is on the internet. Commissioner Mark stated it was workshopped at the workshop. Commissioner Hill stated he specifically asked that they take a neutral stance on it and ask that the State handle the issue; he didn't personally want to endorse verbatim the language the State has in front of it; he wanted to endorse the concept of the State handling it. Commissioner Mark explained the resolution was to support the Senate and House bills; the resolution was presented at the workshop in the draft form that was submitted by the City Attorney; the Commission discussed it at the workshop; there was a consensus at the workshop to move forward on putting it on tonight's meeting agenda. She stated it is only supporting the bills as submitted via the Senate and the House. Commissioner Hill asked the City Attorney if it could be workshopped because of the nature of it; it isn't that he wants to pick the State's ordinance apart, it is that he wants the public to have full disclosure as to what our Board is doing. Commissioner Beckenbach stated the City Attorney did send the Commission the information in order for them to review it and if they did not review it at that time he doesn't know if there would be a need for another workshop on it and if there was a need for another workshop he believes they could go ahead and work through it today and then have a special meeting in order to vote on it. Commissioner Hill stated his intent was just to make sure they have full public disclosure on this particular issue because it is of such an interesting nature to everybody that he would like it to get every possibility to be seen. Commissioner Beckenbach stated they discussed .this and they had a limited time because this was going to be brought up in March before they would have another workshop so, therefore, it would not be sent out until after the vote was taken and they wanted to do it before. He stated he believes there was a consensus on that. Mayor Woods stated that is why it is on tonight's agenda. Commissioner Hill stated he spoke in favor of sending it to the State to resolve it at the workshop and he agrees; he stated he just didn't know at the time that it would come back 100% endorsing. He stated it was his understanding they were sending the State a message that they need them to handle this non-local issue and resolve it. He stated he didn't want to be in favor or against; he doesn't want to take a side at a City level, because they don't have the resources to do that legally. Commissioner Mark reiterated what they are doing with this Resolution is, as a Commission, they are saying that they support the Senate and House bills with regard to the Competitive Workforce Act and that is all they are stating. She stated they are not stating about enforcement, the Human Right Ordinance and anything to do with that; all they are saying is that they support the bills that are introducing the Competitive Workforce Act via the Senate and House in this upcoming legislative session. She stated that session starts March 4 so they wanted this resolution passed so it could be submitted to the respective committees. Commissioner Hill asked if there was an opportunity to change the language slightly tonight and vote on it. He stated he would February 10, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA MARCH 10,2014 Page6 like to make an amendment to it. He stated he would like it to represent the numbers in the vote and record for the record how the vote went. Motion: Amend to reflect the votes in the language. Moved by Hill Motion failed for lack of a second. Mayor Woods called for the vote on the Resolution. Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 1-Hill MOTION CARRIED 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 ADillST OR WAIVE CHARGES IN APPROPRIATE CASES, (E) ADJUSTMENT FOR LEAKS ON CONSUMER'S SIDE OF METER, AND (F), ADillSTMENT 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 as read. Moved by Mark, Seconded by Beckenbach Commissioner Daugherty asked if there are inside leaks, i.e. toilets, is that still water that has to be treated in our sewer system. Mr. Van Liere stated if it goes through the toilet it is. Commissioner Daugherty stated so there is still a cost to the City even though it is faulty equipment on their end. Mr. VanLiere stated that was correct. Commissioner Daugherty asked what proof does someone need to provide. Mr. Van Liere state they get receipts for plumbing repairs through a plumber or receipt for the materials they bought to repair it themselves. He stated they would then adjust their rate down to the second tiered rate instead of the first tier, but this will allow them to go down to the first tier rate. Mayor Woods opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Report on the Central Florida Water Initiative (CFWI). February 10,2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA MARCH 10, 2014 Page 7 Mayor Woods explained that Public Utilities Director Donna Kaluzniak gave her report on this at the workshop and asked her if she wanted to report on this further. Ms. Kaluzniak stated she attended the Public Water Supply Plan Workshop the District held last Thursday. She stated it didn't affect anything with our previous ordinance. She stated some people spoke against taking water fi:om the river and there were comments from JEA asking the District to look at where they overestimated some of the demand in this area. B. Recreational Vehicles in Front Yards. Commissioner Mark asked if there was a deadline given as to when Commissioners Daugherty and Hill would come back with some kind of proposal on this. Mayor Woods stated she believes it was open-ended. (Further discussion on this item occurred later during Item 9A.) C. Paperless Agenda Project Update. Mayor Woods stated she and Commissioner Mark reported at the workshop their progress on going paperless and everyone decided to join them. D. FY 2013-2014 Resurfacing Project. Motion: Authorize the City Manager to approve Purchase Orders up to the budget amount and allow staff to 'piggy-back' on existing large scale contracts for resurfacing as allowed by the City's Purchasing Code 2-336(6). Moved by Mark, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED E. Modification to Marsh Multipurpose Path Design and Permitting Scope. Motion: Authorize staff to execute the contract for Design and Permitting of the Marsh Multipurpose Path as modified. 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. City Manager Van Liere stated there was a recommendation to take no action on vehicles in front yards and asked if that is what the plan is. Mayor Woods stated her understanding from the workshop was that Commissioners Daugherty and Hill would continue to brainstorm and if they came up with a proposal to bring forward they would. Commissioner Daugherty asked when the moratorium expires. Building and February 10, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1A MARCH 10,2014 Page 8 Zoning Director Mike Griffin stated it expires tomorrow, February 11. He stated it would be proper to give them a notice so they understand what they have to do and give them additional time to comply before they actually take them to the Code Enforcement Board, since it has been an issue for about four months now. Mr. VanLiere reported on the upcoming projects that will be on the next Commission meeting. He reported on the meeting he and Mayor Woods had with the Town Center Merchant's Association on their recently completed parking study. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • Stated he is upset that people are using Christianity as a voice of hate. He hopes they can focus on what is right and not on what their own personal beliefs are. He stated all this rhetoric is strengthening his resolve to do something. Commissioner Beckenbach • Asked if there are any meetings the Mayor has gone to that she can report on. Mayor Woods stated, since they last met, she attended the Town Center meeting on parking. She stated she was pleased with the way they are taking responsibility for the issue and doing what they can to solve this problem. She further stated she is no longer speaking at the Beaches Chamber luncheon but will be attending and is speaking to the NE Florida Realtors Association this Thursday morning. Commissioner Beckenbach stated he appreciates that she gives the Commission a schedule of where she is going and when she is doing something and also asked that when there is something that is relatively important that she is attending that she ask for consensus from the Commission. Mayor Woods stated if and when she talks to people she is very specific that she is one vote and everything comes before the Commission. • Asked the City Manager about the tipping fees. Mayor Woods stated she went to a conference today at City Hall regarding the Rockefeller Foundation, which is sponsoring 100 resilient cities and Jacksonville has been chosen as one of the first. She explained what a resilient city is. She stated she mentioned this because, while she was there, Karen Boling mentioned that she was working with the Mayor to come up with a proposal for us. • Regarding the Human Rights Ordinance, he stated he understands we are looking at the ordinance to be presented at a later time. City Attorney Komando stated he is working on that as quickly as he can. He stated he is putting together a spectrum of what the available options are and at that point he will solicit some direction from the Commission as far as drafting an ordinance. Commissioner Beckenbach stated the reason he is asking for this is because he doesn't want to have another hour and a half conversation about the HRO at every single Commission meeting or workshop unless they are going to talk about it. He stated he would like to state when they are going to speak on it so they don't have people coming over and over to speak to us saying the exact same thing. Commissioner Mark • Stated she has spoken with City Attorney Komando and they are hoping to have something at the next workshop that the Commission can look at to craft as their proposed ordinance. She stated there is a lot of research because he is taking into consideration all the interest groups' comments that have been made. • She stated she has been keeping a tally of people who speak and has kept a separate one for residents and non-residents who spoke tonight and there were 7 Atlantic Beach residents for the Ordinance and 2 against. February 10, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# IA MARCH 10, 2014 Page 9 • She commented on the Habitat development stating she is glad the six young adults who were being honored tonight were raised in the Habitat housing, under their guidance, and have achieved this great award. She stated she is glad they weren't here to hear some of the disparaging comments about Habitat and the development. She stated it is a neighborhood revitalization development. She stated what better way can you build community than if you have a like minded environment where they are all working toward the same thing, to break that cycle of poverty. She stated that is what Habitat is about and it really bums her to sit here and listen to the naysayers who start out saying they love Habitat, they support Habitat, it's not about Habitat, but. She stated that to her is just being hypocritical. She stated she was very proud of these six young adults. She stated go to any other neighborhood and see how many have achieved that award. She stated she believes Habitat is a great organization from top to bottom and hopes the Commission is just as supportive of that development. City Clerk Bartle • Stated Commissioner Beckenbach had requested that they make a change to the agenda packet and they have defined the bookmarks a little better and plan to continue doing that and hopes it helps them to navigate easier to the pages within the packet. Commissioner Hill • Stated he also really supports Habitat and believes it is very dismissive to say that anyone who says that and goes on and talks poorly about this project doesn't have a valid concern. He stated he genuinely does and it is not in line with the way he believes the public should be treated to dismiss their concerns. He stated he believes it is actually a very bad way to govern and he is a little embanassed for his fellow Commissioner for dismissing the public's genuine concern and probably won't put up with it without rebutting every time. • Stated this process they are involved in as a Commission has become so completely derailed with issues that are not in our scope and he has genuine concerns whether this City is on track or derailed. He stated he has specific concerns that they are consuming the bulk of their resources through their attorney and staff with issues that are of a national or state level. He stated he would like to define what their role is. He stated he finds himself changing his view completely because of the tactics and the strategies of the HRO and the way it is clearly orchestrated and designed to do this is wonisome to him as a Board member elected by the citizens of Atlantic Beach. He stated because the language is absolute garbage and not passable he can't support it and then to be chastised as if he is somehow bigoted toward it is troublesome. He stated this whole process is about as skewed as he has ever seen anything. He stated he would like to get us back on track and get some direction for our community, handle the issues that are before us but make sure going forward they define their roles. He stated if they are going to be implementing societal change through Atlantic Beach's five Commission board then they need more of them because these issues are not for us and if we think they are, how pompous of us to think this is our issue. He stated he believes it is wrong for them to handle it and they have done a disservice to their citizens by bogging in on this issue. He stated he would like to have a comprehensive discussion on what their role is at some point in the very near future. Mayor Woods • Will be bringing forward the Charter review process and that may be a topic they can take up. • Related to comments tonight about the Marsh Master Plan, what they have done is funded the design process and there have been no decisions made about a ped path along the marsh. She stated there is some surveying and research that needs to be done. She stated the group they have hired will be involving the public and her next newsletter that comes out is discussing this topic. February 10, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1A M~Ctl 10, 2014 Page 10 • Stated she is continuing her ride-alongs with the police officers and encouraged all Commissioners to do the same. Commissioner Daugherty • Reported there is a housing development going in behind Terry's General Store which he believes will affect the Mayport Corridor positively. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjoumed at 8:47p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer *A Workshop was held on January 27, 2014 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion.