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1B - Minutes 1-27-14AGENDA ITEM# IB MARCH 10, 2014 MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON JANUARY 27, 2014 City Commission Members present: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark Staff present: Nelson Van Liere, City Manager Richard Komando, City Attorney Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Call to order. The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of February 10, 2014, was called to order at 6:30p.m. by Mayor Woods. She welcomed the audience and explained the process for public comments. She stated speakers would be allowed 2 minutes. 1. Presentation by former Jacksonville Human Rights Commission Board Member, Dr. Sol Brotman, regarding complaint process/enforcement. Dr. Sol Brotman summarized his background and stated the opinions he expresses tonight are his own and may not reflect the opinion of the Jacksonville Human Rights Commission or any other governmental entity. He also explained when and why the Human Rights Commission was formed. He distributed a handout highlighting areas of complaints that may be investigated by the Jacksonville Human Rights Commission, summarizing each and explaining the staff model of intake, investigation and mediation. He further explained the citizens and privatized models. He answered questions from the Commission. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. Raymond Johnson, 3036 Stratton Lane, spoke in opposition to the Human Rights Ordinance. He distributed a DVD entitled "Agenda" to the Commission. Mike Whalen, 1420 Mayport Road, spoke in opposition to the development at 201 Mayport Road. Richard Salkin, 336 Sunrise Circle, Neptune Beach, stated he supports the Human Rights Ordinance. Judy Urback, 1625 Felch Avenue, spoke in support ofthe Human Rights Ordinance. Tricia Russell, 8720 CR 13 N ., St. Augustine, spoke in support of the Human Rights Ordinance. AGENDA ITEM# lB MARCH 10, 2014 Minutes -City Commission Workshop Page2 January 27,2014 Cindy Watson, 111 Trout River Terrace, Jacksonville, spoke ill support of the Human Rights Ordinance. Steve Haerter, 106 19th Ave. S., Jacksonville Beach, addressed the Beaches Habitat presentation, stating it was informative and detailed, and also spoke in support of the Human Rights Ordinance. Kevin Walker, 12499 Hunt Cliff Lane, Jacksonville, spoke in opposition to the Human Rights Ordinance. Victor Eskew, 13695 Covington Creek Drive, Jacksonville, spoke in opposition to the Human Rights Ordinance. Marcus Stanley, 1025 Snug Harbor Ct., spoke in opposition to the Human Rights Ordinance. James Eddy, 222 Lawton Ave., Jacl{Sonville, spoke in support of the Human Rights Ordinance. Larry Paulk, 5 Fairway Lane, Jacksonville Beach, spoke in opposition to the Human Rights Ordinance. Carlos Dawson, 5252 Clapboard Creek Dr., Jacksonville, spoke in opposition to the Human Rights Ordinance. Peyton Hopkins, 957 13th Ave. S., Jacksonville Beach, spoke ill support of the Human Rights Ordinance. Sharon Krause, 4845 Plymouth St., Jacksonville, spoke m opposition to the Human Rights Ordinance. Tom Minette, 1206 N. Laura St., spoke in support of the Human Rights Ordinance. Maryann Dyal, 1765 Seminole Rd., spoke in support of the Human Rights Ordinance. Helen Urban, 543 Pelican Key, spoke in support of the Human Rights Ordinance. Laura Lane, 7228 Clinton St., Jacksonville, spoke in support of the Human Rights Ordinance. Michelle Knight, 1494 Linkside Dr., spoke in support of the Human Rights Ordinance. Paul Gunsaulies, 780 Begonia Street, spoke regarding the boats in yards and asked that they consider modifying the ordinance. Sally Clemens, 1638 Park Terrace West, stated they need to consider how they will enforce the Human Rights Ordinance. No one else from the audience spoke so Mayor Woods closed the Courtesy ofthe Floor to Visitors. Mayor Woods adjourned the meeting at 7:27p.m. She reconvened the meeting at 7:33p.m. Minutes -City Commission Workshop Page3 AGENDA ITEM# JB MARCH 10,2014 January 27,2014 3. *Discussion of Agenda Items on February 10,2014 Commission Meeting: 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. There was no discussion on these items. 2. Courtesy of Floor to Visitors A. Presentation of Congressional Youth Award. There was no discussion on this item. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. City Manager VanLiere reported the groundbreaking ceremony for Atlantic Beach Country Club will be this Friday with overflow parking at Johansen Parle He reported that they are still trying to get together with Jacksonville to schedule a meeting on the Interlocal Service Boundary Agreement. Reported the tippage issue is still up in the air and they are waiting to see what Neptune Beach's proposal was from Jacksonville. He stated they also need to discuss bidding out a contract to renew it or just renewing with Waste Services, if they come in with an appropriate proposal. He stated service levels, price, term and tippage are all still up in the air. Commissioner Beckenbach asked that he expand on tippage. Mr. Van Liere stated they had met with Neptune Beach and discussed the deal with Jacksonville and how that may/may not be acceptable to Atlantic Beach. He stated Neptune Beach wanted a different hauler and different method of collection for us in that deal and they are currently waiting to see what specific deal they are offering Neptune Beach, but Atlantic Beach has to work out their own as well. Discussion ensued. Reported that the RFPs for City Attorney and City Manager are out. Reported the Rose Park punch list will use up the remaining money that was allocated for the park and the dog park will have to be funded with additional monies. He stated he received an itemized list from Public Works and the amount is approximately $3 7,000 to complete the fencing, sod, water, gates and signage and he needs direction whether he needs to put this on a future meeting as a budget ordinance. Discussion ensued. Commissioner Daugherty stated he wants this added as a budget amendment. Further discussion ensued. Commissioner Beckenbach asked how far along they are on the gazebo being put in Bull Park. Mr. Carper stated it is sitting on his desk for action but he has not taken any yet. Commissioner Beckenbach asked if it was correct that they had $40K for that. Mr. Carper stated that was correct. Commissioner Beckenbach asked if they wanted to move that to next year and move the $37K, would that be acceptable to Public Works. Mr. Carper stated they would do what the Minutes-City Commission Workshop Page4 AGENDA ITEM# 1 B MARCH 10, 2014 January 27, 2014 Commission tells them to do. He stated to finish one park versus going ahead and doing something like that would be better. Commissioner Mark asked if that $40K was actually in the budget for the gazebo. Commissioner Beckenbach stated yes. Commissioner Daugherty asked if they could direct staff to do that without doing a budget modification. Mayor Woods stated they would still do a budget modification but it would just be reallocating the funds already in the budget. Commissioner Mark stated she would agree to that. Mayor Woods stated since they are discussing it tonight it wouldn't be on the January 2ih agenda, but on the next one. Mr. VanLiere stated it would be on the next workshop for the following meeting to just reappropriate the project money from the gazebo to dog park. Commissioner Daugherty stated if he asked for this to be on this agenda, why wasn't it. Mr. VanLiere stated he wasn't completely sure that was what they meant. Mayor Woods stated he didn't get consensus. Commissioner Beckenbach asked if there was consensus to go ahead and move forward with moving that out of the gazebo into the dog park. Mayor Woods stated right, he is going to prepare that budget. Commissioner Beckenbach asked again if they have consensus here. Mayor Woods stated yes. It was the consensus of the Commission to prepare a budget modification to reappropriate the money from the gazebo for Bull Park to the dog park. Mr. VanLiere stated that the Commission previously approved the staff recommendation to award the Marsh Master Plan design to Hanson and to give them the approval to begin if they gave us a proposal within the budget. He reported that their proposal was almost twice the budget, so going forward on that without further input from the Commission would not be the right thing to do. He stated staff can be directed to reduce the scope so it comes within our budget; or the Commission can direct staff to find the money to fund their proposal; or they can go to the second firm and try to negotiate a better deal. Public Works Director Rick Carper reported on the options. He stated Hanson has come back to staff with a second proposal that has the ability to go in for $147K and give us the preliminary design, which is what we need to determine the actual final path; the environmental permits to do the entire path; and only give us complete final design for the segment from Levy Road to Dutton Island Road. He stated that is the route that has no ownership issues. He stated his recommendation is to build that segment of the path which would allow them to meet the FIND grant deadlines for that section. Mayor Woods pointed out that they had a group of citizens who live in two cul-de-sacs that were not happy about the thought of having public access and parking and the City has committed to them that they be involved in the discussions of the final route of this path. She asked if part of those funds will cover interaction with the community. Mr. Carper stated that is part of the Phase 1 portion of the project and they have committed to the Hidden Paradise Homeowners Association that they will meet with them directly. Discussion ensued. Mayor Woods suggested the City consider getting a professional grant writing team. Further discussion ensued. Mr. Carper reiterated the options: tell the consultant to proceed with Phase 1, the preliminary design and public outreach and path selection, only; or tell him to do Phase 1, 2, and 3A; or stop, go back and start over and discuss in the pre-budget workshops. Mayor Woods stated the Commission should get with Mr. Carper and Mr. Van Liere before the next meeting. Mr. VanLiere reported on an email asking about the Seminole Road Streetscape drainage project. He stated we had a budget of $490K and Mr. Carper's estimate is now about $750K. Mr. Carper explained the status of the project, stating proposals are due February 7. He explained the number that was in the CDM storm water master plan for the cost of the Seminole Road drainage project was $650K. He stated the number he put in his stormwater capital improvement plan was $250K, which was the number budgeted for stormwater improvements this year. He stated he doesn't believe we will have the money to build it and he is proposing that they go ahead and do the design this fiscal year and have a better cost Minutes -City Commission Workshop Page 5 AGENDA ITEM# 1B MARCH 10,2014 January 27, 2014 estimate by the time budgets come together so we can then budget the actual amount for construction in the next fiscal year. Commissioner Beckenbach asked if the Master Plan and conservation easement was recorded for Atlantic Beach Country Club yet. Mr. Van Liere stated he would find out. Commissioner Beckenbach also asked if the RFP for the architect for the police building has gone out. Mr. Van Liere stated it is out. Discussion ensued. Mayor Woods asked that Mr. VanLiere have a more detailed report at the next meeting. Commissioner Hill asked about the erosion issue around the culvert, and can they do an emergency repair. Mr. Carper stated he was not in the office most of the day but will check to see what has been done on it. Item 8A was taken out of sequence and acted on at this time. A. Report on the Central Florida Water Initiative (CFWl). Public Utilities Director Donna Kaluzniak gave a report on the Central Florida Water Initiative. She also stated that the two items on the Resolution passed in 2008 that were requested to be done have been completed. She introduced Geoffrey Sample of the Office of Communications and Intergovernmental Affairs who elaborated on the water withdrawal and stated there will be a public meeting to give a presentation and answer questions on January 30, from 5-7 p.m. at the St. Johns County Administration Building in St. Augustine and also on February 6, from 5-7 p.m. at Jacksonville Council Chambers. He answered questions from the Commission. At the request of Commissioner Beckenbach, Ms. Kaluzniak also gave a report on the reuse water project stating it will take a year to complete the whole project but they will have them watered by April 30. 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 of New 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. Commissioner Daugherty asked about the vehicles on the surplus list. Mr. Van Liere explained the vehicles that go on the beach rust very quickly. Minutes-City Commission Workshop Page 6 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 80-14-84, Public Hearing and Final Reading AGENDA ITEM# lB MARCH 10, 2014 January 27, 2014 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE I, SECTION 22-4 AUTHORITY TO ADJUST OR WAIVE CHARGES IN APPROPRIATE CASES, (E) ADIDSTMENT FOR LEAKS ON CONSUMER'S SIDE OF METER, AND (F), ADJUSTMENT FOR FILLING SWIMMING POOL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. There was no discussion on this item. 8. Miscellaneous Business A. Report on the Central Florida Water Initiative (CFWI). This item was taken out of sequence and acted on earlier in the meeting. B. Recreational Vehicles in Front Yards. Commissioner Daugherty showed a slide of an example lot, stating he proposed a change to make this fair to the entire City, which he distributed to the Commission. He stated, under (b )(2) he wanted to remove "front lot line" and add "street, but not within the right-of-way". Mike Griffin explained the differences of distances from the pavement to the property lines. Discussion ensued. Mr. Carper explained the difference really isn't where the street is in the right-of-way; both Commissioner Daugherty's street and Begonia have a 50' right-of-way. He stated the primary difference is the width of the street. He explained that Begonia Street is one of the streets in the City's stormwater master plan where they are going to go in and do a drainage project sometime in the next five years and because the width of the pavement is 14-16', he expects that street to get wider. He stated, therefore, a boat he could put there today, he may not be able to put there if they make this change. He stated the difference between the lots is not the pavement or right-of-way width, it is where the house is on the lot and, in Commissioner Daugherty's case, his house is farther away from the right-of-way line. Further discussion ensued. Mr. Griffin stated staff's recommendation is to uphold the Community Development Board's recommendation. Discussion ensued. Commissioner Mark asked City Attorney Komando what the City could do to come to a compromise on this. Mr. Komando stated he has not heard any solution that doesn't create a similar inequity on the other side. After further discussion, Mayor Woods stated what they have heard from the City Attorney is that so far none of the solutions create equity. She stated they should keep thinking about it and keep bringing it back and when they get something that everyone can agree on that does not create another inequity, then they have it. Commissioner Beckenbach suggested they put it up for a Charter change so the entire City can determine whether they want to have boats and trailers and RVs in the front of their yards. Mayor Woods stated that is a valid idea and Commissioners Daugherty and Hill will keep trying to come up with a solution that won't cause anymore inequitabilities Minutes-City Commission Workshop Page7 AGENDA ITEM# lB MARCH 10,2014 January 27, 2014 and they will keep moving forward because they do live in a water community and a lot of people do have boats. Commissioner Daugherty asked the City Attorney if they can create a provision in which people can apply for exceptions, because currently they can't. Mayor Woods asked that he get with the City Attorney outside of the meeting to discuss that. Mr. Komando stated that would test our requirements on variances so they would need to talk about it differently. C. Paperless Agenda Project Update. Keith Randich summarized his staff report. He asked Commissioner Mark and Mayor Woods to report on their experience using the iPads. Commissioner Mark stated she is now going paperless and she likes it; it was an easy transition and encouraged the others to try it. Mayor Woods stated she really likes it also. She stated she thought it was to be used so they would not have anything on their personal devices so she has been trying to do things with it that it wasn't set up to do. She stated it takes fantastic pictures but getting a PowerPoint off of it is a real struggle. She stated if the consensus is that they are trying to get all of the City business off their personal devices that they go to a smaller laptop instead, which would have more options. She stated she does love the iPad, the keyboard, the case and is learning how to put all the notes on it since she has not used it before. She stated the question is what do they want it to do for them and then they can answer which path they go down. Discussion ensued. Mr. Randich stated he doesn't believe it is necessary that all the Commissioners go with the same solution. He stated in the beginning this was to be a paper saving device specifically for the agendas and based on that requirement that was what led staff to pick the iPad device for this evaluation. He stated once they got going, both Commissioner Mark and Mayor Woods found other uses for the device but Mayor Woods exceeded the functionality of the iPad. He stated there are dozens of different selections they could choose for devices but from a support standpoint, as far as City staff goes, he believes they would like to minimize the number of options because of a training standpoint. He answered questions from the Commission. Mayor Woods asked the Commissioners what device they would like and what they would want it to do for them and what is the goal for them as a group. Commissioner Hill stated the iPad is perfect for what he needs it for. Commissioner Daugherty stated he is fine with the iPad. Commissioner Beckenbach stated he is easy. Discussion ensued. D. FY 2013-2014 Resurfacing Project. Rick Carper summarized his staff report on the resurfacing projects for the coming year. He stated he proposes to piggy back on either the City of Jacksonville's or St. Johns County's annual resurfacing contract, whichever is most advantageous. 9. City Manager A. City Manager's Report. Mr. VanLiere reported January 1, 2015 is the deadline for the signs to come into compliance with the sign ordinance. He stated letters will be sent to those affected. Discussion ensued. A question arose about whether the Kangaroo station had gotten a permit for their new sign and Mr. Griffin stated he would check on that. Further discussion ensued and Mayor Woods asked the City Attorney for his insight on the sign ordinance. Mr. Komando stated he has had no experience with the expiration of a deadline but has worked on a moratorium with another client while they were rewriting their sign ordinance. He stated there is a case law that does address what governments can do as far as forcing Minutes-City Commission Workshop Page 8 AGENDA ITEM# 1B MARCH 10,2014 January 27, 2014 commercial businesses to redo their signs and he has a note to himself to look into it. Commissioner Hill stated he believes they will put a big burden on a lot of our businesses and really need to look at it. He stated some of these are large expensive signs and just the demo on them would be a big deal. He stated he believes they need to think about where we are economically and where our businesses are. Mayor Woods stated she would be interested in that case law. Commissioner Mark stated the changes to the sign ordinance have been in effect for how long. Mr. Griffin stated since 2002. Commissioner Mark stated they were given ten years to comply. Mr. Griffin stated our sign code is similar to Neptune Beach and the Jacksonville overlay district along Mayport Road, with 8' maximum freestanding signs and 1 s.f. for every lineal foot of frontage. Mayor Woods stated we do need to keep watching this and she looks forward to a report at the next meeting. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty announced that a Pan era is being built in front of LA Fitness. Commissioner Beckenbach stated whenever the Mayor speaks to a particular group, that is not ceremonial, it should have to be acknowledged by the Commission and they are supposed to give the Mayor the opportunity to go. He stated it is not that the Mayor just goes, it is that the Commission gives her the okay to go. Mayor Woods clarified that if she is to go speak before a group the Commission wants her to let them know and get permission to go. Commissioner Beckenbach stated the Commission would also hear what transpired from that meeting because she is the liaison for the Commission. Commissioner Beckenbach stated he wants to make this more formal so they will do this on a regular basis. Commissioner Mark stated in order to continue moving forward on the Human Rights Ordinance, she would propose that they direct the City Attorney to draft an ordinance for the HRO and explore enforcement options. She stated the other request would be for the Commission to adopt a resolution supporting the House and Senate bills for workforce equality and also contact, either as a Commission or individually, the representatives in our District who are on the Committees the bills are going before, expressing our support of that Workforce Equality Bill. Discussion ensued. Mr. Komando stated the House Bill has been referred to three different committees, the Senate Bill has been referred to four and it is the seventh year it has been filed; it has never been heard in committee yet. He stated Representative Saunders indicated it is gaining traction and stated this was the first year there has been bi-partisan support. He stated that doesn't mean it is going to pass; actually Representative Saunders comment was that he believed it would be a win if it was heard in one committee. Further discussion ensued. Mayor Woods asked Commissioner Mark to reiterate her questions. Commissioner Mark stated (1) Have Mr. Komando start looking at language to draft the HRO and look at the different enforcement mechanisms that we have talked about and some he may find in his research, including the comments made about possible lawsuits; and (2) submit a resolution supporting both bills. Discussion ensued about when to put the resolution on the agenda. It was the consensus of the Commission to add the resolution supporting the bills to the February 10 meeting. Commissioner Mark stated her third item was contacting our local representatives who are on these various committees. Mayor Woods stated they would make sure they got a copy of the resolution and direct staff to write a letter for the Commission to sign and send. Commissioner Hill stated he understood they would also explore putting this to the community for a vote. Mayor Woods stated that will come up as they start discussing the ordinance, which won't be for a month or two. She stated they don't have referendums all the time and this may very well be one they may want to do that with. She stated they could do it on the election Minutes-City Commission Workshop Page9 AGENDA ITEM# 1B MARCH 10,2014 January 27, 2014 cycle this summer. City Clerk Bartle stated you usually have to start this months in advance to have it on their ballot. She stated the Commission can initiate it but that will take two readings and you have to get the ballot title approved. Otherwise, it is very expensive to have a separate election outside of theirs. Commissioner Mark asked if this would fall under the City Attorney's retainer. Mr. Komando stated it is part of their retainer. He stated he would need direction fi:om the Commission as to what exactly they are proposing but he can handle it. Mayor Woods asked if they want staff to look at the election cycle so when they have a discussion about whether to go to a referendum or not they know what the timeframe is. Commissioner Mark stated she doesn't want to delay this two or three years. Mayor Woods stated that is one more thing they would like Mr. Komando to look at. Commissioner Hill stated his only direction for the referendum would be to frame the question as nonbiased as possible so the citizens can decide this monumental issue. Commissioner Mark reported Council President Gulliford is holding a meeting on river dredging at 1:30 tomorrow at Jacksonville City Hall. Commissioner Mark stated she will not be at the groundbreaking on January 31 due to a previous commitment. Commissioner Beckenbach complimented the Commission on how they handled themselves today as far as the conversation. He stated he enjoyed the debate but also felt they were all civil to one another. Commissioner Mark stated there was an article in the "Times Union" editorial section yesterday by Diane Catlin talking about debate and how you can have a civil debate and how important it is that you can have a lively debate but when it's done you get up, shake hands and you are still friends. Mayor Woods stated you can do that when you don't have personal attacks and accusations. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 10: 11 p.m. Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor *Formal action (if needed) will be taken at the Commission Meeting of February 10,2014.