2-24-14 Workshop MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON FEBRUARY 24,2014
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 March 10, 2014, was called to order at 8:21 p.m. by Mayor Woods.
WORKSHOP-ONLY ITEMS:
1. Discussion on process for City Attorney.
HR Director Cathy Berry explained her timeline for hiring the City Attorney and the search firm for the
City Manager. She stated the proposals for the legal services for the City Attorney/Firm are due to her
next Monday and she will distribute them to the Commission on Tuesday, which will give the
Commission less than three weeks to do their background screening, reference checks and interviews.
She answered questions about the hiring process from the Commission. Discussion ensued. Following
the discussion, it was determined that Ms. Berry and Mr. Van Liere will expand the timeline, rank the
submissions and give the rankings to the Commission and to the City Clerk for public record. Ms. Berry
stated she will do reference checks and interviews on the ones who are eligible and then give them to the
Commission for them to decide how many they want to interview. Ms. Berry stated she will tabulate,
based on all five of the Commission's tabulations, the top five or three and then the candidates will
come back and make oral presentations and the Commission would vote that night. She asked if they
would prefer to do that in two separate meetings. Mayor Woods stated she would, in case there were
follow-up questions. Ms. Berry suggested that they wait to see how many they get in and she will report
back at the next meeting.
2. Discussion on process for City Manager Search Firm.
HR Director Cathy Berry stated the RFPs for the search firm are due before this Friday and she will rank
them.
3. Guest Speaker-Affiliate Attorney for the Liberty Counsel to speak on the HRO.
This was deferred to a separate workshop.
4. Discussion on HRO memo and proposed ordinance.
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Page 2
This was deferred to a separate workshop.
*DISCUSSION OF AGENDA ITEMS ON MARCH 10,2014 COMMISSION MEETING:
1. A. Approve the minutes of the Regular Commission meeting of February 10, 2014.
B. Approve the minutes of the Commission Workshop of January 27, 2014.
C. Approve the minutes of the Beaches Habitat for Humanity Community Meeting
of January 22, 2014.
There was no discussion on these items.
2. Courtesy of Floor to Visitors
A. Presentation from Purvis Gray regarding the Audited Financial Statement of
FY2012-2013.
City Manager Van Liere stated Purvis Gray will present a report on this at the next meeting.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
Mr. Van Liere announced that Building and Zoning Director Michael Griffin is leaving at the
end of this week. He stated he is working on the Police Building RFPs right now and hopefully
will have those scored before he goes.
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 January 2014.
B. Accept the FY 2012-2013 Audit Report.
C. Award Bid for East Coast Drive Drainage and Streetscape Improvements to J.B. Coxwell
Contracting and authorize the City Manager to execute the contract documents on the
City's behalf(Bid No. 14-1213-12R).
D. Extend the contract for small asphalt paving repairs with Tom's Asphalt Repairs, Inc. for
one year at the current prices.
E. Approve the Interlocal Agreement Amendment for the Distribution of 911 Funds for
Call-Taker Salaries and authorize for the Mayor and City Manager to sign the
paperwork.
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Page 3
There was no discussion on these items.
5. Committee Reports
A. Actuarial Valuation Reports for General Employees' Retirement System for Fiscal Year
ending September 30, 2013.
Mr. Van Liere explained these reports are prepared by the actuaries working for the Pension
Board. He summarized the highlights of the report.
B. Actuarial Valuation Reports for Police Employees' Retirement System for Fiscal Year
ending-September 30, 2013.
Mr. Van Liere summarized the highlights of the report, explaining the contributions from the
City went up. He answered questions from the Commission.
6. Action on Resolutions
A. ATTACHMENT E-6, RESOLUTION NO. 14-03 FOR ASSISTANCE 2014
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS
ASSISTANCE PROGRAM.
Public Works Director Rick Carper explained this is a standard formatted resolution required by
the FIND as part of the grant application package. He explained the two grants the City is
applying for this year, showing slides of the projects related to these grants. Discussion ensued
and he answered questions from the Commission. Mayor Woods expressed concern about the
location of the path and not having had the citizens who were concerned about the location
having input when this decision was made. Further discussion ensued. Mr. Carper stated the
City, for the last three years, has said this path is the number one priority and if they want to
make this path,this is the only track it can go on, unless they put it out in the marsh, which is not
feasible. He stated they have already done the portion of the study that says the JEA easement
track is the track it has to go across. He stated that was done as part of the conceptual study;
what they haven't done is say what kind of improvements can be made at the end of Levy Road.
He stated the City has a 60 ft. right-of-way there and they can put parking on the north side of
the right-of-way. He stated it will be up to the Commission to decide whether they are going to
proceed with the project or not and whether they are going to let this neighborhood veto the
entire project. Mayor Woods stated that is an overstatement; they are not vetoing an entire
project. She stated her point is that they decide the whole path before they build a segment. Mr.
Carper stated the whole path will be decided as part of Phase 1. He stated he doesn't have an
alternative for that third segment. Mayor Woods stated it was her understanding that the money
they were spending was to look at the total design and to bring the community in on the design
of the entire path. She stated they have already decided they are going to build this segment so
the community is not having their say on the entire path. Further discussion ensued. Mr. Van
Liere asked Mr. Carper to explain why this resolution is on this agenda now. Mr. Carper
explained the application to the Florida Inland Navigation District is due by April 1 and the next
meeting will be the last meeting when this can be approved to apply for this grant this year. He
stated the resolution is a required part of the package. He stated the final package that gets
approved will not be approved until September but there are several deadlines we have to meet
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before that time. He stated one is the entire package, with at least our initial concept of the
project, has to be turned in and completed by April 1. He stated then they will come out and
review our package and send us a request for additional information, which usually is due the
first week of June, and after that, if there is anything incomplete, such as environmental
permitting, that must be completed by the end of September. Commissioner Daugherty stated
there is not anything they are going to do as a Commission that 100% of the people will agree on
and he agrees with Mr. Carper. He stated he recognizes their concerns and they are valid
concerns but he would not want to kill the entire project to accommodate a few people. He
stated the impact this will have on the neighborhood as a whole has much greater value than it
does for the one or two blocks that are there. Mayor Woods stated that's fine, but he isn't the
one who has been telling these people for six months they are going to have a seat at the table.
(Commissioner Hill left the meeting at 9:26 p.m. He returned at 9:29 p.m.) Commissioner Mark
stated this whole thing has to be submitted as a package because of the way the FIND grant is
written and what they are applying for. Mayor Woods asked if we have to do it this year. Mr.
Carper explained they also asked FIND for money last year for the first line item in this project,
for the other fishing accesses, and had to pull our grant application back at the September
deadline because we didn't have our environmental permits yet. Mayor Woods stated her feeling
is that this project is so important that they need to spend their time and resources right now
making sure they have the right plan and not rushing into something because they have a JEA
right-of-way they can use. Commissioner Mark stated the point is that Hansen is tasked with
doing all of the community vetting and making sure these people are at the table. She stated she
doesn't know how much clearer that could be. Mayor Woods stated that is perfectly clear,
except this leg has already been committed to and they haven't had a chance to comment on it.
Commissioner Daugherty stated there is no other option. Commissioner Mark stated, exactly,
unless you build in the marsh. She asked where else are you going to make that connection. Mr.
Carper stated the only other option without coming out to the new property we acquired is to
come down W. 14th Street and come around the westward side. Mayor Woods stated we can
move on but she wants to be clear that she doesn't believe this is the correct process and she is
very bothered by it. Mr. Van Liere stated, within this process that Hansen will take us through in
conjunction with the grant application, Mr. Carper said there are other iterations where we can
possibly change plans. He asked if Hansen had meetings with the citizens and they came up with
something different in that timeline, would we be able to alter the application to FIND? Mr.
Carper stated we would be able to alter the application in June. Mr. Van Liere stated we are
doing this to fulfill the grant application and they will have the input from the consultant before
it is finalized, so they will have the ability to make changes. He stated we just have to send
something to FIND that says this is our proposal. Mayor Woods stated our resolution says we
are going to build this segment. She said she would prefer that the language just say we build the
first leg and let that be determined at a later date and not specify that it has to be this leg. Mr.
Van Liere asked if we can alter the description to be a little more vague. Mr. Carper stated he
can change the brief description of the project just to talk about the overall project and
construction of a phase. He stated the resolution that will go to FIND doesn't say this is the leg
this is going on. Mayor Woods clarified that Mr. Carper will take out that language that says
Levy Road to Dutton Island and we will move forward. (Commissioner Daugherty left the
meeting at 9:34 p.m.)
7. Action on Ordinances
A. ORDINANCE NO. 90-14-221,Public Hearing and Final Reading
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Page 5
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
REZONING PARCEL IDENTIFICATION NUMBER 177649-0000 FROM COMMERCIAL
LIMITED (CL) AND RESIDENTIAL MULTI-FAMILY (RG-M) TO A SPECIAL PLANNED AREA
(SPA) AS PERMITTED BY SECTIONS 24-116 THROUGH 24-126 OF THE CODE OF
ORDINANCES TO ALLOW A MAXIMUM OF EIGHTY (80) RESIDENTIAL UNITS, PROVIDING
FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE AND
RECORDING.
There was no further discussion on this item.
B. ORDINANCE NO. 90-14-222, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24,
ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND
DEVELOPMENT REGULATIONS, TO REPEAL CONDITIONS OF LOTS EXTENDING
BETWEEN BEACH AVENUE AND OCEAN BOULEVARD; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
There was no discussion on this item.
8. Miscellaneous Business
A. Public Hearing- Request for Use-by-Exception (UBEX-13-00100077) to allow for a
drive-thru service lane associated with a restaurant (Panera Bread) within the
Commercial General (CG) Zoning District and located at 1021 Atlantic Boulevard.
Mr. Hubsch showed a slide of the site.
B. Tree Ordinance Revisions.
Brea Paul, Chair of the Community Development Board, stated her Board discussed this and they
believe our Code is pretty thorough. She stated the only thing they opted to change was the length of
time for mitigation for construction, i.e. if you cut a tree down to put in a pool, currently you only have
to wait six months. She stated they recommended increasing that to a year. (Commissioner Daugherty
returned at 9:37 p.m.) Ms. Paul answered questions from the Commission. Mr. Griffin also answered
questions from the Commission. Ms. Paul stated she would like to see if they could use some of the tree
mitigation fund to bring back where the City partnered with the homeowners for some planting.
Commissioners Beckenbach and Hill stated they would like to see a Tree Board come back and
Commissioner Hill stated he would like to put that on an agenda and have an arborist look at our entire
canopy. Discussion ensued.
C. Sign Code Amortization Update.
Mr. Griffin explained the sign amortization starts in Neptune Beach on April 5, 2014 and they will be
notifying their property owners who have nonconforming freestanding signs that they will have to be
done by April 14. He stated there will be a workshop in Neptune Beach to discuss extending the
amortization. He stated the sign amortization in the City of Jacksonville starts in 2018. He stated they
created an overlay district to match up with the signage of Neptune Beach and Atlantic Beach so we
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Page 6
would have a matching community. Mr. Van Liere stated he is looking for direction about sending the
letters out (example is attached to staff report). Discussion ensued. Mayor Woods stated they should
send the letters out.
D. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a
Circular Driveway on a Lot with Less Than 100 Foot Frontage(149 Oceanwalk Dr. S.)
There was no discussion on this item.
E. Robert Street Ditch—Approval of Design Proposal.
Mayor Woods commended Commissioner Beckenbach for following through with this. Mr. Carper
gave a summary of the staff report, stating FDOT has agreed that if Atlantic Beach will fund the design
and permitting of the fix, they will pay for the construction. He stated this will only apply to the two
blocks of Robert Street that are the DOT right-of-way. He stated the third block between Dudley Street
and Dutton Island Rd. will not be affected by this project.
F. Rose Park Improvements—Dog Park Completion.
There was no discussion on this item.
G. Options for City Sanitation Contract.
Mr. Carper summarized his staff report stating our current contract expires May 31. He explained the
three options and answered questions from the Commission. He stated his recommendation is to
authorize the City Manager to negotiate with our current contractor.
H. Donner Park Baseball Field Improvements CDBG 2014.
Mr. Carper answered questions from the Commission. He stated his recommendation is to accept the
bid and move forward.
(Commissioner Beckenbach left the meeting at 10:12 p.m. He returned at 10:14 p.m.)
I. Public Works Building Canopy Replacement.
Mr. Carper stated the engineer who inspected it strongly recommended this be replaced before hurricane
season. Mr. Van Liere stated the bids for the East Coast Drive drainage project were partially funded
under the Public Works budget and they came in way under bid. He stated the amount they came in
under is about what they need to do the repairs to the roof in the Public Works yard, so he suggests that
they move the money into a maintenance line item and take care of the canopy problem with that. Mr.
Carper stated the advantage to that is that it allows it to be done without a budget modification requiring
two readings. Commissioner Hill stated he would like to have the major structural pieces of all of our
buildings looked at a little more often so we can budget. Mr. Carper stated three years ago they started a
building maintenance division and part of their job is to do this. Mr. Van Liere stated he would also like
to suggest, because of the estimated amount of$75,000 would typically be something they would have
to bid out, that they just go with four quotes to speed up the process and asked if that would be
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Page 7
acceptable to the Commission. Mayor Woods asked the Commission if anyone had a problem with
doing that. No one said they had a problem with it.
J. Engineering Design of Stormwater Improvements for the Saltair Neighborhood (RFP
#14-02).
Mr. Carper stated he had seven proposals submitted. He recommended the Commission approve
awarding this to Ayers.
K. Engineering Design of Stormwater Improvements for the Seminole Road South of City
Hall (RFP#14-03).
Mr. Carper stated they had five applicants and staff recommends awarding this to the Genesis Group.
L. Crosswalk Enhancements.
Mr. Van Liere briefly summarized Chief Classey's staff report in his absence.
M. Police Department Annual Report for 2013.
There was no discussion on this item.
9. City Manager
A. City Manager's Report.
None.
Commissioner Beckenbach asked about the tipping fees. Mr. Van Liere stated there is nothing new but
he is meeting with the City of Jacksonville tomorrow on annexation and will bring it up again.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Daugherty stated he will be proposing at strategic planning that a roundabout be put in at
the five-way stop. Commissioner Hill stated a roundabout is not pedestrian friendly and that is a
pedestrian priority intersection.
Commissioner Hill stated he would like to move the Mayor Pro Tem next to the City Clerk so he can
take notes and move the City Manager and City Attorney down from the dais.
Mayor Woods stated the run with Donna was another great event and appreciates her bringing that to
our City.
Mayor Woods opened the Courtesy of the Floor to Visitors.
Raymond Johnson,3036 Stratton Lane, spoke in opposition to the HRO.
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Page 8
Christian Jorgensen,92 W. 3"1, spoke in opposition to the HRO.
Mike Whalen, 1420 Mayport Rd., spoke in opposition to the Habitat project and addressed issues with
the sign ordinance.
Michael Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO.
Tricia Russell,8720 CR 13 N., St. Augustine, spoke in support of the HRO.
Linda Swafford,9690 Taylor Field Rd.,Jacksonville, spoke in opposition to the HRO.
Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO.
Dan Merkan,3159 College St.,Jacksonville, spoke in support of the HRO.
Adjournment
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 10:42 p.m.
Carolyn Woods
Mayor
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Donna L. Bartle, CMC
City Clerk
*Formal action(if needed)will be taken at the Commission Meeting of March 10,2014.