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6-9-14 MINUTES *REGULAR CITY COMMISSION MEETING June 9, 2014 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Commissioner Jonathan Daugherty City Attorney Rob Bradley Commissioner Jimmy Hill City Clerk Donna Bartle Commissioner Maria Mark Recording Secretary Nancy E. Bailey ABSENT: Mayor Pro Tem Mark Beckenbach Call to Order/Pledge: Mayor Woods called the meeting to order at 6:32 p.m. Mayor Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of May 12, 2014. B. Approve the minutes of the Workshop of April 28, 2014. C. Approve the minutes of the Pre-Budget Workshop of April 23, 2014. D. Approve the minutes of the Commission HRO Workshop of April 22, 2014. E. Approve the minutes of the Town Hall Meeting of April 16, 2014. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Chris Jorgensen,92 W. 3`d Street, stated he liked seeing the calendar on the website and also like seeing the crime statistics. He stated he would like to see the number of infected AIDs cases included in the crime statistics. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. City Manager Nelson Van Liere reported on the Interlocal Service Boundary Agreement related to annexing the Country Club into Atlantic Beach stating it has been forwarded to Jacksonville. He pointed out a scrivener's error in the Resolution 14-05 that was passed at the last meeting. He stated the DOT maintenance agreement should state November 1, 2014—October 30, 2017, instead of October 1, 2014 —September 30, 2017. He explained an Emergency Change Order in the amount of $52,888 for repair and coating of the ground storage tank at Water Plant#2. June 9,2014 REGULAR COMMISSION MEETING Page 2 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 and Financial Report for April 2014. B. Approve the 90-Day Calendar(June—August) for the Mayor and Commission. C. Acknowledge receipt of the Annual Water Quality Report for 2013. D. Acknowledge receipt of the 1St Quarter 2014 Police Department Report. E. Award a contract for Bid No. 1314-09 for the Repair and Coating of Elevated Tank at Water Plant #2 in the amount of $122,540 to Utility Service Co., Inc. and authorize the City Manager to sign the contract. Mayor Woods read the Consent Agenda. Commissioner Hill pulled Items B and E. Motion: Approve Consent Agenda Items A, C, and D as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4—Daugherty,Hill, Mark,Woods Nay: 0 MOTION CARRIED Commissioner Hill asked if the 90-day calendar will include the language on the Commission meetings timing and schedule. Mayor Woods stated, no, it is in the Ordinance. He also asked if the repair and coating of the elevated tank is the same tank Mr. Van Liere discussed in his follow-up report. Mr. Van Liere stated the emergency purchase order was for the repairs to the ground storage tank; item E is the elevated tank. Donna Kaluzniak explained the bid for the ground storage tank fortunately came in $31,000 under budget so it was $21,000 more than they had budgeted. She stated it is a 500,000 gallon concrete ground storage tank with baffle walls that are concrete block in between and, although they probably should have specified a complete blast they thought they could get by with just a brush blast but after they started blasting they found other coatings and some deterioration on the ceiling and some things that you really can't tell until after you start blasting it. Commissioner Hill stated the difference between the two numbers is more acceptable than a $52,000 miss, so he understands now. Motion: Approve Consent Agenda Items B and E as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED June 9,2014 REGULAR COMMISSION MEETING Page 3 Item 8F was taken out of sequence and acted on at this time. F. Request from the Friends of Atlantic Beach Elementary School. Mayor Woods stated this is part of the budget adjustment and wanted to talk about it before they get to the budget. She explained we have an agreement between the Atlantic Beach Elementary School, the School District and the City that we help with the recreational needs of the school so our citizens are allowed to use the facilities. She stated a few years ago we partnered in creating a track that is now in need of repair. She asked Mr. Cottrell to further explain. E.K. Cottrell, 1656 Park Terrace E., President of Friends of Atlantic Beach Elementary (FABE), explained the partnership with FABE and City of Atlantic Beach related to the track. He stated the track has deteriorated over time and is in need of repair, stating they are getting bids and will contract with the low bidder. He stated the school system has offered to help manage the project. Motion: Authorize the City Manager to provide assistance and funding to the Friends of Atlantic Beach Elementary for improvements to the track at Atlantic Beach Elementary School pending the approved funding by Ordinance No. 20-14-127. Moved by Hill, Seconded by Mark Votes: Aye: 4—Daugherty,Hill, Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 14-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND THE ATLANTIC BEACH COUNTRY CLUB DEVELOPMENT REGARDING MAINTENANCE OF A WOODEN BRIDGE, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Resolution No. 14-06 by title. She explained staff has requested this be deferred because they are still working out some of the final details of the language. Motion: Defer until staff brings it back to the Commission. Moved by Daugherty, Seconded by Mark Votes: Aye: 4—Daugherty,Hill, Mark,Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 5-14-61,Introduction and First Reading June 9,2014 REGULAR COMMISSION MEETING Page 4 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 5-14-61 by title. Motion: Approve Ordinance No. 5-14-61 as read. Moved by Daugherty, Seconded by Mark Mayor Woods stated she was going to recommend they defer until Commissioner Beckenbach could be here. Commissioner Daugherty stated this requires two readings and he can be here for the second one. Commissioner Hill stated the portion about the workshopping didn't read the way he understood it and he doesn't want to move it along until that is defined and asked if staff can look at that. He stated it wasn't what they talked about. Mayor Woods agreed, the way it reads here, there is no mention of having a workshop and the way she thought they had left it was that they would have a workshop as well as a meeting for the action items and consent agenda items. Commissioner Hill asked the City Attorney if they can amend it at the second reading because there was another piece they wanted to look at to mimic what another city was doing. Mayor Woods introduced Rob Bradley, who was standing in for Rich Komando this evening. Mr. Bradley stated this sounds like a minor change. He stated his concern would be if it was a minor but substantive change between first and second reading; that could be problematic and cause a delay. Commissioner Hill stated it is substantive. Mr. Bradley stated if it would be possible for him to get with the staff member and write in the language that is appropriate and reflects his understanding and then they could go forward with the first reading tonight. He stated or they could do it right now with them all sitting here. He stated but he is happy to keep things moving to take a sidebar with a member of staff and straighten out in that manner while you all go forward. Commissioner Hill asked if there was any urgency and could they live with this for one more cycle; or is there a driving reason to make sure they don't miss it. He stated he knows they want to do it but he wants to get it right and not procedurally stall it either. Mr. Van Liere asked if, for the record, could they amend the motion to include adding a workshop and that would be enough so that the precise language would come back at a second meeting. Mr. Bradley asked what is the substance of what they would like to see added to what is in front of them. Commissioner Hill stated the workshop thing was the big hang-up but then there was some additional information he received through the week that said there might be a little bit of additional help coming from one of the neighbor cities (Neptune Beach) in the way they do something, so he didn't want to derail the train but he wanted to take a second to look at it. He stated Neptune Beach has a similar thing and it was recommended from several citizens that they look real hard at it. He stated he received three calls on it, so he wanted to make sure they did look at it before they did that but didn't want to derail the process to do that because they kind of know where they want to go and they don't have to follow another city but he didn't want to head down this track and then just stop the train. Commissioner Mark stated when they originally changed the format of the meetings it really was to mirror Neptune Beach which is probably why they need to delay this a little. She stated she doesn't know what we are doing that Neptune Beach is not doing or vice versa to make it work for them but it doesn't seem like it is working for us. Mayor Woods stated the Mayors and City Managers got together with Neptune Beach and she asked that question of them and what they do differently is in the way they prepare the agendas. She stated the way we have been doing it is that we prepare the meeting for today and then the workshop agenda works off of that. She stated they do it the other way around and create a workshop agenda and then only the things that they get consent to move forward end up on the regular meeting agenda, so not necessarily June 9,2014 REGULAR COMMISSION MEETING Pate 5 everything that was on the workshop agenda would end up on the regular agenda. She stated therefore there is not as much change to the agenda because it hasn't been created until after the workshop. Commissioner Mark stated that was their original intent, she doesn't believe it was ever to create the agenda and then workshop every item on the agenda. She believes that was exactly it; the workshop created those items and if there was not consensus to move forward, it remained as a workshop item and all the other items that there was consensus on or that were ready to be approved,then went on the actual agenda for the meeting. Mr. Van Liere stated to say that another city does it is one thing, saying that it works and that they like it and it is working for them is something else. He stated Neptune Beach has their problems too; one of the differences between our agenda and theirs is just the mere size of it. He stated they only have a few things on their agenda where we are tenfold. Commissioner Mark agreed that is another consideration because we are basically three times the size of them and are obviously going to have more issues coming up. Commissioner Hill asked the City Attorney if the changes he has heard are substantive or is it something they can move forward with. He stated he believes they all want to and he doesn't want to delay this. He asked if it is something they can make a few adjustments to as long as they are not revamping the whole system. Mr. Bradley stated he just heard a discussion about how the agenda would flow from the workshop to the regular meeting. He stated the Ordinance doesn't speak to how the agenda is prepared so if these are issues they want to flush out that is a discussion independent of this. He stated he also heard a workshop mentioned but there is no mention of the workshop in this ordinance and asked if there is a desire to add some language about a workshop into this ordinance. Commissioner Mark stated she thought that has been discussed, although not specifically, which is where we are now. Mayor Woods stated she thought at the workshop that was one of the things they talked about that was going to end up in it for tonight for us to be voting on. Mr. Van Liere stated he believes the confusion would be that when they talked about it last time, they talked about items that would be visited twice. He stated they always have the ability to put anything on a workshop, and to call a workshop when they want. However, they talked about making some things on the agenda that would be for information the first reading, then carry over to the next reading so they would be heard twice versus specifically having a prescheduled workshop before each meeting to hear those things that were carried over. He stated, to him, it was if you have them, then you have a workshop; if you don't have them, you don't have a workshop, but you wouldn't have to have one every time. He stated we could put it in there that you are going to have one and then cancel it. Commissioner Hill stated he would rather do it that way, honestly, because the whole point of it is to let the public know that we are going to openly and transparently discuss everything and if there is a workshop then the opportunity exists to do that. He stated that was the whole thing that made them get on board with it; more things will get workshopped if they know it is there every day and less things will get workshopped if it is something they have to add to it so he would like to be a standard procedure and would much rather take the three seconds it takes to cancel one here then to go the other route with it and that is how he thought they were heading with it. Mr. Van Liere stated so on a typical agenda they would have some items they would want to see twice and his plan would be that they would just be on the agenda and they would see them again in the next meeting but if they wanted to take one of those items and have a specific discussion on it then they would get with the Clerk and say, that is a workshop item. Commissioner Hill stated the big difference is that one the public is more comfortable being engaged in and one the public is more on the fringe of it and the workshop seems to give the public a better sense of involvement, which was what they liked about it. Mr. Van Liere stated the other part of that is the way the room is set up; if they have the two meetings a month and the agenda is flowing, the workshop setup would not take place. Mayor Woods stated that is a minor detail, they can stay. Mr. Van Liere stated he said that the public felt more comfortable; he didn't know if they were referring to the setting. Commissioner Hill stated no, more to the process and he believes the idea was for the larger crowd things they do it through this setup we have now and for the things they know aren't going to be 600 people they would do the round table June 9,2014 REGULAR COMMISSION MEETING Pane 6 set up and it was a little more comfortable but he thinks that is a case by case and he believes they can deal with that. Mayor Woods stated she was under the impression they were going to have a hybrid system and that they would have a regular meeting with consent agenda items, committee reports, all those things and everything else under miscellaneous and the ordinances would be heard at two different meetings. Mr. Van Liere stated some of them; they were talking about the things that affected someone's street or someone's neighborhood or special interest group, all those things they would put on there twice. Mayor Woods stated the use-by-exceptions would go twice. He stated they did the chart and amended the chart that shows those would go twice. He stated in the course of the meeting you can have a discussion like we do and at any point you say this is really important, let's workshop it and it's on a workshop at the beginning of the next meeting. Commissioner Mark stated she doesn't know what the difference is, other than calling it a workshop or a Commission meeting. She stated if there is an item on the agenda that is creating enough public concern or discussion or even just Commission discussion, we have the right to not take action on anything and can always defer it to the next meeting and if it is a large enough item that stands alone, they can schedule a special workshop for that one particular item. She stated she believes it is going to get too confusing because it is so nebulous at this point, the way the workshops are being discussed right now, for staff to figure out. She stated she believes they could just say they are having the Commission meetings and the items they can move forward on and approve or take action on they do and the ones that need more discussion or public input get deferred to the next meeting. She stated she believes they are making this much more complicated than it needs to be. She stated the public is not going to be disenfranchised in the least whether they are at a Commission meeting or a workshop. She stated if there is enough public support or angst about something they are doing, they are going to hear about it and they have the power to defer it to the next meeting or to a workshop. She stated keeping it as two regular Commission meetings like they always had and having a discussion like they have always had in the past,just because you call one a workshop and one a Commission meeting doesn't mean that you're still not going to have that engagement and that discussion. She stated she believes they are really overcomplicating the process and believes that, for staff, if they are trying to do a hybrid like this it is going to make it even more complicated. She stated she isn't really even following it that well. Mayor Woods stated they had the discussion about having the workshop and the way this is written, there is no workshop talked about. She stated she would ask Commission Hill to make an amendment with some language about the workshop so they can move forward and discuss it. She stated they can have the language taken care of between now and the next meeting, which would be the second reading. Commissioner Mark stated they still have to have some kind of procedure in place as to how that workshop comes into play and it isn't left up to the City Attorney; the Commission is who is asking for the workshop to be included, so she believes it is up to them to determine how procedurally that is going to work. Mayor Woods stated as she recalls, they wanted a workshop set regularly so they didn't have scheduling problems and citizens, the Commission and staff knew there was always going to be a scheduled workshop at this time so they all planned for it and were ready for it and whatever got put on the workshop agenda got put on it and if they didn't need it, they didn't need it. Commissioner Mark asked when the workshop was supposed to take place, before the Commission meeting or after. Commissioner Hill stated before, at 6:30. Mayor Woods stated she thought it was at 5:00 and the Commission meeting was to start at 6:30. Commissioner Hill stated, from his recollection, the discussion was that 5:00 was too soon for people to get from their workplace to a meeting and 6:30 was a more reasonable time. He stated the idea was that they weren't going to have long workshops because they are going to have one every two weeks. He stated it was supposed to be before the meeting and it took as long as it took and then the regular Commission meeting starts. Motion: Amend to add a regularly scheduled workshop prior to each Commission meeting that can be cancelled. Moved by Hill, Seconded by Woods June 9,2014 REGULAR COMMISSION MEETING Page 7 Commissioner Hill stated that was the intent at the last meeting and the disturbing thing is that something changed along the way without it getting here and it is a little bit worrisome. He stated he doesn't want them to have discussions with content and then see things that come to them without the content. Commissioner Mark stated she doesn't believe there were any changes made. City Clerk Bartle stated they would have done them if they really felt they had that consensus. She stated they don't just ignore direction. Commissioner Mark stated if she is hearing Commissioner Hill correctly, what he is proposing now is that there would be a standing workshop at 6:30 p.m. before every Commission meeting but if there is an occasion where there is not going to be a workshop then the Commission meeting would start at 6:30. She asked how do they let the public know, who may not want to come to the workshop but do want to come to the Commission meeting, when that is going to start if there is no specific time for beginning and ending the workshop and if it is so nebulous. Commissioner Hill stated it is an easy answer; there is an agenda that is posted. He stated if there is nothing on the agenda they won't have the meeting. Mayor Woods sated they had also discussed at the last meeting a set time for the workshop, so they didn't go on forever. Commissioner Mark stated Commissioner Hill is proposing that there is not. Commissioner Hill stated it is a 6:30 set workshop and the only reason he knows that all this existed is when he got calls during the week from citizens who listened to the tape and watched the tape who said there had been changes made based on what was written, it concerned him and he wanted to make sure because there were citizens who worked real hard to generate the workshop situation in the first place. Commissioner Mark stated she agreed with that but it didn't work the way they did it. Commissioner Hill stated he believes they were fine with that, he believes they just didn't want to see it go away completely and there is no language about any workshop in any of it now. Commissioner Mark stated she believes there is too much emphasis on the word workshop. She stated the Commission at the Commission meetings can still have as much of a discussion, the public will still be able to give their input whether it's a workshop or a Commission meeting and the Commission will still have the power to defer any item they are not ready to make a decision on. She stated if they start putting in all these variables she believes they will have an uprising more than just not having a workshop at all because it is confusing enough. She stated it will create more problems than it is going to solve, from staff in preparing the agenda, to the public knowing what is going on, when they are meeting for a workshop, and when is the regular Commission meeting. Mayor Woods stated that is a valid point and, hopefully, the language that the Commissioners will work out with staff between now and the next meeting will clarify exactly how that is going to work. Commissioner Mark asked if each Commissioner is going to get with staff and give their own suggestions as to how this should work. Commissioner Hill stated he believes this issue hasn't made itself ready to be voted on because there are way too many variables and he didn't think there was. He stated it is a clear cut issue, you do a workshop before each meeting, but if everyone is not comfortable with it. He stated he would like to see it say what they actually said and he will go back and get the tape and they can all watch it again if they have to, but he knows what was said. Commissioner Daugherty stated currently he believes there is only one of them who is not comfortable with it and from his understanding of what he is saying there will be a scheduled workshop and the subject of that workshop will be that meeting and if they feel anything needs to be workshopped they will just go into the meeting. He stated he doesn't believe there is really a point in someone knowing whether there is going to be a workshop or not; if they want to show up for the meeting, they will show up at 6:30 because they want to see the workshop on the meeting. He stated he believes there are at least three of them who are comfortable with the amendment and he believes they should go ahead and call the question. Mayor Woods stated they have a motion to call the question. City Clerk Bartle asked Commissioner Hill to restate his amended motion. Commissioner Hill stated the amendment would be to regularly schedule a June 9,2014 REGULAR COMMISSION MEETING Pane 8 workshop prior to each bi-weekly Commission meeting and that is all it needs to say; the rest is the same language as far as the agenda and would follow our normal routine for preparing an agenda. He stated he believes the whole point of the City Manager's recommended changes originally would be that it would give them additional time to do that, the five day thing should give them plenty of time for that. He stated whatever that language was; he doesn't want to modify that. City Clerk Bartle stated when he says prior to, does he mean 5:00 or does he mean 6:30. Commissioner Hill stated 6:30; 5:00 never came up after it was cancelled because obviously everyone has to drive and he knows Commissioner Daugherty clearly voiced that he didn't think he could get here at 5:00 regularly and several citizens didn't like the 5:00 start either, so it's a 6:30 start for whatever meeting it is. City Clerk Bartle stated she always thought that when you have a regular meeting, a voting meeting, that is going to have public hearings, etc., you have to put a time certain on those meetings. She stated if they don't know if they are going to have a workshop at 6:30 and what time the regular meeting is, she doesn't know if that is going to cause a problem. Commissioner Hill stated he believed that Commissioner Daugherty specified a block of time and he thought it made sense but he doesn't recall exactly what it was but it was 6:30 to something. Commissioner Daugherty stated he doesn't recall what he said. He stated when the question has been called, discussion should stop and they should go ahead and vote. Mayor Woods stated they need to vote on calling the question and asked if they were ready to call the question. Commissioner Mark stated nay. Mayor Woods stated they are not calling the question, so continue. Commissioner Hill stated he believes everyone is confused on what they are voting on and asked City Clerk Bartle to read back what they are voting on. City Clerk Bartle stated he wanted them to amend the ordinance to add regularly scheduled workshops prior to each bi-weekly meeting. She stated technically they are not bi-weekly. Commissioner Hill stated understood, so that language can be removed. He further stated the City Clerk also brought up a procedural issue that he didn't mean to put in there but if they have a time specific to start the Commission meeting, they need to address that. He stated this isn't ready to be seen by them. He stated they aren't there yet; it's too big a deal. He stated they aren't ready to make this change. He stated he would like to talk to staff about it. Mr. Bradley stated he believes Commissioner Hill's recommendation is in order based on all the discussion he has heard this evening. He stated he would recommend that between now and the next time they gather at a publicly noticed meeting that the Commissioners speak to staff about how this is to look and then there will be some language in front of them that they can either vote up or down the next time they gather. He also pointed out that whether it is called a workshop or not, it is okay to use that language, they are allowed to vote on things at a workshop, even though it is called a workshop; they are allowed to not consider something at a regular council meeting, even though it is on a council meeting agenda. He stated if the next time they gather, it is under the guise of a meeting called a workshop, they can have that full discussion with that language in front of them at that time. He stated that would be his recommendation. Commissioner Hill withdrew his amended motion. Mayor Woods withdrew her second. Motion: Table this until it is sorted out. Moved by Hill, Seconded by Mark Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED June 9,2014 REGULAR COMMISSION MEETING Page 9 B. ORDINANCE NO. 80-14-85, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, RECLAIMED WATER SYSTEM, ADDING SECTION 22-365 CHARGES FOR RECLAIMED WATER SERVICE, PROVIDING FOR AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 80-14-85 by title. Motion: Approve Ordinance No. 80-14-85. Moved by Mark, Seconded by Daugherty Mr. Van Liere explained the City Attorney saw an error in the title which he wants to fix before they approve it. He stated it should read ...UTILITIES, CREATING ARTICLE V ... He stated it should also be changed under SECTION I in the body from Article IV to Article V. He stated this is creating the Reuse section of our Code, it is not just adding it to another piece. Public Utilities Director Donna Kaluzniak stated based on discussion at the last workshop she changed the ordinance to 75% of the potable rate and there are no other changes. Votes: Aye: 4—Daugherty, Hill,Mark,Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 80-14-86,Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, AMENDING SECTION 22-30, PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD OF MONITORING FIRE LINE USAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 80-14-86 by title. Motion: Approve Ordinance No. 80-14-86 as read. Moved by Mark, Seconded by Daugherty Ms. Kaluzniak stated, based on Commissioner Hill's comments last week, she did some research and the industry standard is to use the detector check, which adds only about $100 to the cost. She showed a slide of the detector check and backflow preventer, which is required by law. She answered questions from the Commission. Commissioner Hill stated he believes this is overkill. He stated it is just money out of our businesses' pocket. Discussion ensued. Motion: Amend to state that fire protection services on new facilities shall not be required to have any metering device. Moved by Hill Further discussion ensued. Motion failed due to lack of second. Mayor Woods called for a vote on the original motion. June 9,2014 REGULAR COMMISSION MEETING Page 10 Votes: Aye: 3—Daugherty, Mark,Woods Nay: 1 - Hill MOTION CARRIED D. ORDINANCE NO. 20-14-127, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 20-14-127 by title. Motion: Approve Ordinance No. 20-14-127 as read. Moved by Mark, Seconded by Daugherty Mr. Van Liere stated additional information came in since this was created under the General Employees Retirement System Fund. He stated there is an item for $80,000 under drop payments which needs to be changed to benefit payments and increase the amount to $250,000, due to the death of an employee and the family opted for a lump sum. He stated he needed to amend the budget to accommodate that. Motion: Amend as recommended by the City Manager and City Attorney. Moved by Daugherty, Seconded by Mark City Attorney Bradley stated the Whereas clause needs to be adjusted as well to be consistent. Votes: Aye: 4—Daugherty,Hill, Mark,Woods Nay: 0 MOTION CARRIED Mayor Woods called for a vote on the original motion as amended. Votes: Aye: 4—Daugherty, Hill,Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business Item 8B was taken out of sequence and acted on at this time. B. Public Hearing- Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Thirty Foot Driveway at 436 Beach Avenue. Motion: Approve requested waiver to the City Code Section 19-7 requirements. Moved by Daugherty, Seconded by Mark The builder, Todd Bosco,2158 Mayport Rd., answered questions from the Commission. June 9,2014 REGULAR COMMISSION MEETING Pane 11 Commissioner Mark asked Mr. Bosco to explain the steps he took in getting this driveway built before actually getting the approval from the Commission on this variance (waiver). He explained he attended the workshop and there were no comments. He stated he submitted this for a variance on March 1 and he didn't realize this would take three months to come to hearing. After not hearing any discussion at the workshop, unknown to his client or anyone else, he had irrigation, landscaping, etc. put in and had pavers sitting on the side that needed to get in. He finished the driveway knowing that there were no comments ever mentioned, not thinking that there was going to be any opposition. He stated that was just him taking the situation in hand to try to finish the project. He stated his clients were coming in from out of state and needed a place to live. He stated he did not realize he had to go through all of this to get a driveway approval and he apologized for that. Discussion ensued and Mr. Bosco answered further questions. Mayor Woods opened the Public Hearing. Richard Reichler, 2025 Beach Avenue, stated he is in opposition to this waiver. He stated they need a process for waiver applications; the victims are not the owner but the citizens of Atlantic Beach who comply with the City's regulations, which they are not fully enforcing; and there shouldn't need to be a neighborhood revolt for the City to enforce its own laws. He requested the City Attorney be appointed to prosecute the violations the owners have made of the Land Development Code at 436 Beach Ave. Teresa Polistina, homeowner, 436 Beach Ave., explained they hired Bosco because they were far away and would not be here to oversee the building. She stated they did not know anything about needing the variance (waiver) until well into the building of their home. She stated they received their Certificate of Occupancy and believed all the proper things had been done in order for them to move in. She stated she feels badly that they didn't do the proper things; she believes in following rules more than anybody else so she is shocked she is here. She stated she would just like to get the variance (waiver); she believes it looks very nice. She stated they aren't trying to do anything to upset the neighbors and have even consulted with their neighbors next door as far as their landscaping on the sides because they want to make sure they aren't doing anything they don't want them to do. Chris Jorgensen,92 W.3rd Street, spoke in favor of the driveway, as requested. No one else from the audience spoke so the Mayor closed the Public Hearing. Discussion ensued. Mr. Carper gave the history of the permit and the waiver application. Mayor Woods stated they are voting on the driveway tonight but she would like to get consensus to get a staff report to come up with a timeline on what happened on this project with the issues Mr. Reichler discussed. Commissioner Mark stated she is not following what she is asking and why. Mayor Woods stated Mr. Reichler came before the Commission and brought up some other issues with this construction, which is why they deferred. She stated none of the Commission seem to know what the whole story is so her question is to have staff create the story for them so they can figure out if they have issues that can be corrected or not. Commissioner Hill and Commissioner Daugherty gave consensus. Commissioner Hill asked Mr. Bosco to be a lot more careful moving forward on anything that has not been approved and give his word he will not do this again. Mr. Bosco stated yes. June 9,2014 REGULAR COMMISSION MEETING Page 12 Commissioner Mark reminded the Commission that if they approve this they are setting a precedent. Commissioner Hill asked what was the intent of narrowing the driveways to 20 ft. Mr. Carper explained the intent was preserving some greenspace and also to limit the amount of impervious added to the right-of-way. He stated these pavers are set in accordance with the International Concrete Paver Institute standards and are by our Code 50%pervious. Commissioner Daugherty asked if there are any heavier penalties they can put on the builder. Mr. Bradley stated any remedy they would have would be to the property owner; they would not go directly to the builder. He stated their control is over the regulation of property and the person ultimately responsible is the owner. He stated their focus would be are there any code enforcement violations currently existing or that have happened in the past. He stated if they approve this waiver then that would now not be a violation to have a 30 ft. driveway and would not be one of the violations that one could proceed under a code enforcement action but there may be other issues out there. Commissioner Daugherty stated he agrees with Commissioner Mark's arguments but believes this is a bad welcome to Atlantic Beach for some new people who put their faith in a builder. He stated he believes the mistake was in staffs part in issuing the C.O. Votes: Aye: 3—Daugherty,Hill,Woods Nay: 1 - Mark MOTION CARRIED A. Public Hearing- UBEX-14-00100012 - Request for use-by-exception as permitted by Section 24-112 (c)(5) to allow the permanent storage of automobiles and automotive repair in the Light Industrial and Warehouse Zoning District located at 1840 South Mealy Street. Motion: Approve Use-By-Exception 14-00100012 with the conditions that a maximum of 25 vehicles be stored on site, plus employee parking; no residential housing be allowed on site; and the applicants get approval from St.Johns River Water Management District or a letter stating no approval is necessary. Moved by Mark, Seconded by Hill Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Votes: Aye: 4—Daugherty, Hill,Mark,Woods Nay: 0 MOTION CARRIED B. Public Hearing - Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Thirty Foot Driveway at 436 Beach Avenue. This item was taken out of sequence and acted on earlier in the meeting. C. Sewer Rehabilitation in Donner Subdivision HMGP Grant. June 9,2014 REGULAR COMMISSION MEETING Pale 13 Motion: Authorize Insituform Technologies, Inc. to provide cured-in-place pipe (CIPP) for the Donner Sewer Rehabilitation Project in the amount of $125,707, using specifications and pricing in JEA Contract No. 116616. Authorize Concrete Conservation, Inc. to provide manhole rehabilitation for the Donner Sewer Rehabilitation Project in the amount of$12,012 using specifications and pricing in JEA Contract No. 113044. Allow staff to reserve up to $17,000 for point repairs or additional work by Insituform or Concrete Conservation, if needed. Authorize the City Manager to sign the contracts with Insituform Technologies,Inc. and Concrete Conservation,Inc. Moved by Mark, Seconded by Daugherty Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED D. Engineering Design of Stormwater Improvements for Seminole Road Drainage Improvements and Streetscape Project(PW1407). Motion: Approve the Scope of Services and Fee Proposal for Engineering Design for Seminole Road Drainage Improvements and Streetscape and authorize the City Manager to sign the contract with Genesis Group. Moved by Daugherty, Seconded by Mark Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED E. Sign Amortization. Mayor Woods stated she believes staff is still researching, gathering information and recommendations and they will listen to Mr. Hubsch's presentation and then defer to the next meeting. Jeremy Hubsch explained the history of sign amortization and showed slides of the conforming and nonconforming signs on Atlantic Blvd., Mayport Rd., Western Atlantic Blvd., and Northern Mayport Rd. He stated staff recommendations are to sync amortization up with both Jacksonville for Mayport Road, and Neptune Beach for Atlantic Blvd. He stated that would mean to maintain the amortization as scheduled for Atlantic Blvd. and delay it to November 2018 for the Mayport Road corridor. He also discussed incentive programs. Commissioner Hill asked for a statistical report on the amount of vandalism to an 8 ft. sign versus a 30 ft. sign. He stated he doesn't see a reason to add additional costs to businesses now. Mayor Woods stated she believes the key to this will be compromise and she will move this to the next meeting. She asked that they offer any ideas or suggestions to Mr. Hubsch. Commissioner Hill stated, from his seat only, there are a lot of things he would rather see his staff working on and would like to move this issue as quick as they can. He stated there are a lot of things he would like to see our citizens paying for besides a 2002 ordinance that wasn't a great idea in the first place. He stated he doesn't want Mr. Hubsch June 9,2014 REGULAR COMMISSION MEETING Pane 14 doing anymore work on this research-wise; he would like him to be doing something else. He stated he absolutely doesn't want to add any financial assistance to buy signs for businesses. Mayor Woods stated they do have an ordinance and they do have a clock ticking, so at some point they have to do something. Mr. Hubsch showed some slides of various signs in the City. Discussion ensued. F. Request from the Friends of Atlantic Beach Elementary School. This item was taken out of sequence and acted on earlier in the meeting. G. Town Center Landscaping. Motion: Provide direction to staff on long-term maintenance of Town Center Landscaping and offer blessing to the Town Center Agency to install new landscaping and hardscaping. Moved by Mark, Seconded by Daugherty Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED H. Appointment to the General Employees' Pension Board of Trustees. Motion: Appoint Ray Brandstaetter to the General Employees' Pension Board of Trustees. Moved by Daugherty, Seconded by Hill Votes: Aye: 4—Daugherty, Hill,Mark,Woods Nay: 0 MOTION CARRIED I. Appointments to the Cultural Arts and Recreation Advisory Committee. Motion: Reappoint Louis Cantania to serve an additional term on the Cultural Arts and Recreation Advisory Committee beginning July 9, 2014 and ending July 8, 2016. Appoint Robert Liggero and Nick Malie to fill the unexpired terms on the Cultural Arts and Recreation Advisory Committee beginning immediately and expiring on July 8, 2015. Appoint Grant Healy, Pam White, Sheena Rupert, and Martha Marshall as regular members to serve on the Cultural Arts and Recreation Advisory Committee for terms beginning July 9,2014. Moved by Daugherty, Seconded by Hill Votes: Aye: 4— Daugherty, Hill,Mark,Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. June 9,2014 REGULAR COMMISSION MEETING Pate 15 City Manager Van Liere reported on status of Salt Air Drainage improvements, stating they are at 30%design with plans to bid it by August, award in September and start work the beginning of next year. He introduced Doug Layton,the new Public Works Director. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • Questioned why they are having presentations at the HRO Workshop. He stated they have already had multiple presentations by multiple people. He stated they need to make a decision whether they are going to do this or not. He stated he does not want to sit through another discussion. Mayor Woods stated her conversation with them was that they would have someone there to answer questions but weren't planning on a formal presentation. Commissioner Hill stated Mr. Gannam was still expecting to be on the agenda and they were just there to answer questions. • He encouraged the Commission to drive by W. 10th Street at Mayport Road to see the building being built. He stated he believes it is hideous. He stated the next time they have a variance they need to think about that. Mayor Woods stated the building itself was not a variance, it was the parking. She stated the building meets all of our City Codes. Mr. Hubsch explained because it is 100 ft. back from Mayport Road it doesn't need to have stucco. City Clerk Bartle • Confirmed that she is hearing they will have no presentations at the HRO meeting. Commissioner Hill asked that they sit in the front row and Mayor Woods stated we could reserve a seat for them. Ms. Bartle also confirmed that for both the HRO meeting and the Police Building the Commission will sit at the dais. Mayor Woods stated the HRO meeting will also be recorded. Mayor Woods stated the consensus was that they would sit at the dais for all workshops. Commissioner Mark • Stated she had replied in an email that the HRO guests would not be presenters, they were there to answer specific questions. She stated she also reiterated in that email that those Commissioners who have specific questions were to please send them to the attorneys prior to the workshop so they could have a meaningful workshop and not have a circular discussion as the prior workshops have been. She stated she believes it is only fair to the attorneys to be able to be prepared to answer these questions so we aren't going back and forth because it has basically been stonewalled for the last two workshops because of that. She stated if that is not going to be the case, they may not need to have the workshop and could just go forward with what they want to do with the ordinance. She stated she personally does not want to sit for three hours at a workshop having the same vague areas trying to be answered when there are no specific questions being asked and answered. She asked that any Commissioners who have specific questions submit them beforehand, so we can move on with this ordinance. Commissioner Daugherty stated he is in agreement; he believes they should either vote it up or vote it down. Commissioner Hill • He stated that it isn't feasible; there are too many questions. The HRO issue is changing daily and he will not be writing any questions. • The Commission affects businesses and tonight they have imposed a completely useless bureaucratic, random piece of equipment on our new build businesses for no reason whatsoever, by our own June 9,2014 REGULAR COMMISSION MEETING Page 16 admission. He stated they voted to do it 3-1 and he wants the Commission to think about the fact that some individual now has to write a $300-$500 check to install a piece of equipment that was clearly defined as useless and not important but they voted to do it. He stated they are doing the same thing with the sign thing. He stated he is not sure why they, as a Commission, would vote to put a piece of equipment in every business that requires a sprinkler system that was deemed to be unnecessary. He stated the reason he ran was to limit bureaucratic waste and overstepping of government and they just did it. He stated he wants to go on the record saying that he is disappointed that they did it. He stated he made a clear point from his background as a professional that it was something that very few other people do unless there is a concern and we did it. Mayor Woods • Welcomed Doug Layton on board. • Announced today is Chief Classey's birthday and wished him a Happy Birthday. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:46 p.m. Il' Carolyn W I V V: ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk *A Workshop was held on May 27, 2014 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion.