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Agenda Item 1A - Minutes 7-14-14MINUTES *REGULAR CITY COMMISSION MEETING July 14, 2014 IN ATTENDANCE: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark Call to Order/Pledge: CITY HALL, 800 SEMINOLE ROAD City Manager Nelson Van Liere City Attorney Richard Komando City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey AGENDAITEM# lA AUGUST II, 2014 Mayor Woods called the meeting to order at 6:30p.m. Commissioner Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Woods asked for consensus to move Courtesy of the Floor to before Item 7G after moving through some of the agenda. It was the consensus of the Commission to do so. 1. A. B. c. Approve the minutes ofthe Regular Commission Meeting of June 9, 2014. Approve the minutes of the Special Called Meeting of May 27, 2014. Approve the minutes of the Workshop of May 27,2014. 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 Item 2 was taken out of sequence and acted on later in the meeting. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. None. 4. Consent Agenda ALL MA TIERS 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. B. Award the contract for concrete repairs for the Public Works/Utilities Department to Gruhn May Inc. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A and B as read. Moved by Mark, Seconded by Daugherty July 14,2014 REGULAR COMMISSION MEETING Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 14-06 AGENDA ITEM# I A AUGUST 11, 2014 Page2 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. Motion: Approve Resolution No. 14-06, authorizing the City Manager to sign the attached agreement and any related documents. Moved by Mark, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 80-14-85 B. ORDINANCE NO. 80-14-86 C. ORDINANCE NO. 20-14-127 Mayor Woods explained the above ordinances were postponed so they could have proper notice before votes and they will be on the next meeting. D. ORDINANCE NO. 58-14-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-268, DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 58-14-38 by title. Motion: Approve Ordinance No. 58-14-38 as read. Moved by Mark, Seconded by Daugherty July 14, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1A AUGUST 11,2014 Page3 City Manager Van Liere explained this ordinance and the one below are both recommended by the Pension Attorney as a follow-up to the replacement ordinance done on the pension plans about a year ago. He stated this is to insure the continuation of the tax qualified status and the actuary has reported both of these will be zero financial impact to the plan for the City. He stated there will be no affect to the employees. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED E. ORDINANCE NO. 58-14-39, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 58-14-39 by title. Motion: Approve Ordinance No. 58-14-39 as read. Moved by Mark, Seconded by Hill Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED F. ORDINANCE NO. 15-14-14, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A-1 AND UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2010B; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS FROM COMMERCIAL BANKS AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 15-14-14 by title. July 14, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# IA AUGUST 11,2014 Page4 City Attorney Komando asked the Mayor, because this is dealing with the bond issue, to ask if anyone had any blue slips/public comments on this issue before the vote. Motion: Approve Ordinance No. 15-14-14 as read. Moved by Mark, Seconded by Hill Mayor Woods asked if anyone wanted to speak to the issue of refinancing our bonds for the utility system. No one in the audience spoke and there were no comments from the Commission. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Item SA was taken out of sequence and acted on at this time. A. Memorandum of Agreement Between City of Atlantic Beach and North Florida Utility Coordination Group (NFUCG). Motion: Approve the Memorandum of Agreement between JEA, the City of Atlantic Beach, City of Neptune Beach, City of Jacksonville Beach, Clay County Utility Authority, City of Gainesville, Town of Orange Park and St. Johns County to Assess Groundwater Resource Sustainability in Northeast Florida and authorize the City Manager to sign the Agreement. Moved by Daugherty, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Item 8B was taken out of sequence and acted on at this time. B. PLAT-14-00100012 (Atlantic Beach Country Club). Motion: Approve Plat 14-00100012 (Atlantic Beach Country Club) as submitted. Moved by Mark, Seconded by Beckenbach Commissioner Beckenbach asked Mr. Hubsch if the majority of the plat was in Jacksonville but we are overseeing this. Building and Zoning Director Jeremy Hubsch explained both municipalities are signing off on the plat and having it recorded so when annexation happens there will be no issues with it. Commissioner Daugherty asked if this increases the total number of houses for the development. Mr. Hubsch stated it does not. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Item 8C was taken out of sequence and acted on at this time. July 14, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1A AUGUST 11, 2014 PageS C. Contingency Contract Extension for Disaster Debris Removal Services and Transfer of Contract from Byrd Brothers to Ceres Environmental. Motion: Approve a three-year extension for both contingency contracts awarding the primary contract to Ceres Environmental Services, with AshBritt as backup and authorizing the City Manger to sign the contract extensions and the contract transfer agreement for the City. Moved by Daugherty, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Item 2 was taken out of sequence and acted on at this time. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Don Peters, 1902 N. Sherry Drive, spoke in opposition to the Human Rights Ordinance (HRO). Chris Jorgensen, 92 W. 3rd Street, spoke in opposition to the HRO. Mitch Reeves, 1663 Sea Oats Drive, addressed how taxpayer money is being spent and how are they going to get the millage rate down. Stated his concern is if they did pass the HRO it would probably cost the City around $300,000. He stated according to the Statute no resolution (ordinance) can be passed by City government without budgeting, if it costs the City any money. He asked that for any resolution (ordinance) they consider passing that they make sure it is budgeted and approved in an amended budget before they even consider passing it. Sharon Krause, 4845 Plymouth St., spoke in opposition to the HRO. JoLyn Johnson, 2322 Beachcomber Trail, spoke in opposition to the HRO. Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO. Rico Bodin, 8348 Knotts Landing Drive E., spoke in support of the HRO. Marina Hodgini, 721 Neptune Lane, spoke in support of the HRO. Michelle Delaney, 97119th St. N., Jacksonville Beach, spoke in support of the HRO. Mick Delaney, 97119th St. N., Jacksonville Beach, spoke in support of the HRO. Janette Kosut, 1969 Sevilla Blvd. W., spoke in support of the HRO. Chevara Orrin, 2069 N. Market St., Jacksonville, spoke in support ofthe HRO. Jason Altmire, 4800 Deerwood Campus Pkwy., Jacksonville, Sr. VP of Florida Blue, representing the 11,000 employees of Florida Blue, spoke in support of the HRO. Brenda Samara, 2233 Seminole Rd., #19, spoke in support of the HRO. Julie Schafer, 1464 Seminole Rd., spoke in support ofthe HRO. AGENDA ITEM# 1A AUGUST 11, 2014 July 14, 2014 REGULAR COMMISSION MEETING James Eddy, 222 Lawton Ave., Jacksonville, spoke in support ofthe HRO. Richard Conner, 86592 Riverwood Dr., spoke in support of the HRO. Maria Andal, 8219 Kensington Sq., Jacksonville, spoke in support of the HRO. David Vandygriff, 2941 Plum St., Jacksonville, spoke in support of the HRO. Barbara Diamond, 1921 Seville Blvd. W., spoke in support of the HRO. Randy Floyd, 6647 Oakwood St., Jacksonville, spoke in support of the HRO. Rosan Larizza, 721 Neptune Lane, spoke in support of the HRO. Donna Zimmerman, 1736 Ocean Grove Drive, spoke in support ofthe HRO. Donna Quiroz, 1039 Cove Landing Dr. spoke in support of the HRO. Steve Haerter, 106 19th Ave. S., Jacksonville Beach, spoke in support of the HRO. Tamela Mullins, 1039 Cove Landing Dr., spoke in support of the HRO. Michael Farmer, 650 Park St., Jacksonville, spoke in support of the HRO. Linda Huffman, 50116th Ave. S., Jacksonville Beach, spoke in support of the HRO. ldalie Aponte, 13514 Stone Pond Dr., Jacksonville, spoke in support of the HRO. Yvis Torres, 13514 Stone Pond Dr., Jacksonville, spoke in support of the HRO. Monica Richardson-Miller, 1505 Glengarry Rd., Jacksonville, spoke in support of the HRO. Shirlee Richardson-Miller, 1505 Glengarry Rd., Jacksonville, spoke in support ofthe HRO. Dean Andal, 8219 Kensington Sq., Jacksonville, spoke in support of the HRO. PK Drake, 4524 Attleboro St., Jacksonville, spoke in support of the HRO. Lyn Lazarus, 540 Hopkins St., Neptune Beach, spoke in support of the HRO. Kris Matson, 540 Hopkins St., Neptune Beach, spoke in support of the HRO. Bobbie O'Connor, 3654 Bridgewood Dr., Jacksonville, spoke in support of the HRO. Gary Grider, 2057 Vela Norte Circle, addressed the unfunded mandate for the HRO. Dan Merkan, 3159 College St., Jacksonville, spoke in support of the HRO. Matt Schafer, 1464 Seminole Rd., spoke in support of the HRO. Cindy Watson, 111 Trout River Terrace, Jacksonville, spoke in support of the HRO. Michael Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO. Mark Hill, 1726 Selva Marina Dr., spoke in support of the HRO. Jesse Wilson, 3801 Olympic Lane, Jacksonville, spoke in support of the HRO. Page 6 July 14, 2014 REGULAR COMMISSION MEETING Barbara Jean Whitehead, 234 Poinsettia St., spoke in support of the HRO. AGENDA ITEM# I A AUGUST 11, 2014 Page 7 No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. G. ORDINANCE NO. 95-14-108, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES, TO PROHIBIT DISCRIMINATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 95-14-108 by title. Motion: Approve Ordinance No. 95-14-108 as read. Moved by Mark, Seconded by Beckenbach Mayor Woods read from a quote by Thomas Jefferson, which she showed the audience on a slide. She further showed slides of what this ordinance does not do and what it does do. It was consensus of the Commission to give the Commissioners two opportunities to speak, once for 10 minutes with a five minute follow-up. Commissioner Hill stated this law has some very serious flaws. He asked the City Attorney if they can pass this law if it is not funded. He stated Mayor Woods, through her opening comments, has made this a battleground and asked why do we have to spearhead this battle when we know our Federal government is working it diligently through the system. Discussion ensued. Commissioner Beckenbach asked Commissioner Hill where the $300K cost is coming from that he refers to. Mr. Komando explained the jurisdictional amount in County Comt would be $15,000; it is not necessarily what the City would have to pay out, but it would be exclusive of attorneys' fees and costs. Commissioner Beckenbach stated this is nothing more than being inclusive. He stated and explained why he wanted to amend the motion to remove Item 4, Section 9-5 which reads, this article shall not apply to a corporation, professional association or business that employees fifteen employees or less. Motion: Amend Ordinance to remove Item 4, Section 9-5 which reads, this article shall not apply to a corporation, professional association or business that employees fifteen employees or less. Moved by Beckenbach, Seconded by Mark Commissioner Daugherty stated he does not agree to removing the item because of the cost to the businesses for frivolous lawsuits. Commissioner Mark stated the remedy that has been put into place, specifically for this ordinance, actually removes the burden from the City as it was originally written under the Fair Housing. She stated the remedy in this ordinance now is that any aggrieved party has 60 days to file a complaint with the special magistrate, each party to bear their own cost. She stated the special magistrate would make a determination whether or not an act of discrimination occurred, then the party who was not prevailing could appeal that and the first step would be to County Court, which is where the $15,000 comes in. She stated she does not know where the $300,000 came from because she believes as a governmental agency they have a limit of sovereign immunity. She stated with the special magistrate being put into place, she believes 90% of the cases will probably settle. Commissioner Hill stated regarding the amendment, they now have the fastest track in the USA to litigation on LGBT issues. Mayor Woods asked the City Attorney to weigh in on this. Mr. Komando stated the amendment was whether or not a small business can defend and this does stress that issue. He stated Florida has set up individual review boards, human rights commissions, etc. that were reviewed before they ever get to a court system. He stated this process, as originally discussed, would go directly to court but they have July 14, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# 1A AUGUST 11, 2014 Page 8 more recently incorporated the special magistrate so it is a faster way that someone could get into the court system. Discussion ensued. Commissioner Daugherty asked if a business should have to defend themselves to the special magistrate, would they not most likely bring representation. Mr. Komando stated that is up to them. Mayor Woods stated the businesses with fewer than 15 employees are already under the obligation to the law based on race, sex, color, etc. so she doesn't see people in Atlantic Beach or anyone rushing to file lawsuits because they are expensive to both sides. Further discussion ensued. Commissioner Beckenbach stated he was approached by a citizen who asked why would they look at just businesses with 15 or more employees when the ultimate goal is the nondiscrimination ofthe individual. He stated the citizen asked why they are exempting a small business, because if they are discriminatory, you would want to make sure they are not exempt in that situation. He stated if they want to talk more about this amendment, he has no problem with it going to another workshop. He stated he is looking at the best thing for a nondiscriminatory law that is for everyone. He stated if they are looking at a small business that is discriminating and giving them a pass because of finances, that is a concern ofhis. Mayor Woods stated the reason they went to the 15 employees was because of the Equal Employment Opportunity Commission's rules and policies, so she is comfortable with sticking with their policies and she would like to call the vote. The Commission voted on calling the vote. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mr. Komando stated this will be considered a substantial and material change if the amendment passes, and it will have to go back to first reading. Mayor Woods called for a vote on the amendment. Votes: Aye: 1 -Beckenbach Nay: 4-Mark, Woods, Daugherty, Hill MOTION FAILED Commissioner Mark explained the background of how she brought this ordinance before the Commission. She stated the groups of people that these laws afford these protections will feel it immensely and they will be given the true freedom to live, work, play, spend their money, etc. in our town. She stated if they end up passing this in Atlantic Beach, she will be proud to say they are the first city in N.E. Florida, Duval County, to take that step that we represent true equality and antidiscrimination for everybody. She stated it takes a lot of courage and that first step to overcome that fear. She stated most of the fear is fueled by ignorance and people not understanding their fellow man. She stated although the language has been so criticized by some of her fellow Commissioners, she hasn't heard any suggestions from any other Commissioners for language that they would accept. She stated the language they chose for this ordinance was particularly picked from certain ordinances within Florida where it has passed and they removed a lot of the over-reaching language that she believed was not applicable to our community. She stated Mr. Komando has worked countless hours on this ordinance and talked to many people throughout the State. She stated to say that this is just template language that is going to set us up for lawsuits, to her, that is just as empty as some ofthese protests and scare tactics she has heard tonight. She stated she wants it to go to vote tonight. She stated she did not run on the Human Rights Ordinance, it was never a part of her platform, but she is happy that she brought it to the Commission and very proud of the Commission for letting it continue forward and to keep this conversation going and to hopefully pass something that they can be proud of in Atlantic Beach. July 14, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA AUGUST II, 2014 Page9 Mayor Woods stated she wants to amend the ordinance to eliminate the Section 9-5 (6) Public Accommodations. She stated she had the City Attorney look at State laws that govern public accommodations and believes it is covered in that way and can be eliminated from this ordinance. Motion: Amend to eliminate Section 9-5 (6) Public Accommodations Moved by Woods, Seconded by Mark Discussion ensued. Commissioner Daugherty asked if this would be a substantial change and they would have to bring this back for another first reading. Mr. Komando stated he does not believe it does because this was a provision that was added in the last section after Public Comment. He stated the issue on substantial change is, does it materially change the ordinance and as a part of an exception he does not believe this does because it is not something that is illegal in Florida Statute now. Commissioner Hill called the vote. Mayor Woods asked for a vote on calling the vote. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods asked for a vote on the amendment. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Hill asked the attorney if they can vote on this without funding this. Mr. Komando stated yes, when you read Sec. 166.241 it establishes guidelines and procedures for establishing and adopting budget, it indicates under subsection 2 that that budget has to be adopted by ordinance or resolution or as prescribed by Charter. He stated it has one provision that he believes is what Mr. Reeves was referring to that the adopted budget must regulate expenditures of the municipality and an officer of the municipal government may not expand or contract for expenditures in any fiscal year except pursuant to the adopted budget. He stated, however, in certain circumstances similar to code enforcement or other issues, the City does have a legal line item for budget. He stated it is something that is already budgeted for. He stated if those expenses exceed what has already been budgeted for, it is a policy decision for the Commission, not something legal that he is able to answer. Further discussion ensued. Commissioner Hill stated he would like to amend the motion to have the citizens vote on it. Mayor Woods asked if this would be an amendment to the ordinance. Mr. Komando stated it would be a strike all amendment to the ordinance. He stated it would effectively be a straw ballot vote. He stated when the ordinance passes there is no legal effect that prohibits discrimination which is why he refers to it as a strike all amendment. Motion: Amend to take whatever procedural activity that is required to get this to a vote in front of the public. Moved by Hill, Seconded by Daugherty Votes: Aye: 2-Daugherty, Hill Nay: 3-Beckenbach, Mark, Woods MOTION FAILED Further discussion ensued. Mayor Woods called the vote. July 14, 2014 REGULAR COMMISSION MEETING Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 1-Hill MOTION CARRIED Mayor Woods asked for the vote on the Ordinance. Votes: Aye: 3 -Beckenbach, Mark, Woods Nay: 2-Daugherty, Hill MOTION CARRIED AGENDA ITEM# IA AUGUST II, 2014 Page 10 H. ORDINANCE NO. 5-14-61, Introduction and First Reading (TABLED on 6/9/14) 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 Mark, Seconded by Hill Commissioner Hill stated he would like to defer to a time where they can focus on it more clearly. Mayor Woods stated they could call a special called meeting or they can have a workshop. She stated the next meeting is a workshop and they can discuss it more there. Commissioner Hill stated he would like to make a motion that they do that. Commissioner Mark stated they would do a motion to defer to the next meeting then, if they are going to do that. Mr. VanLiere stated they have a special called meeting at the next meeting. Mayor Woods stated the City Manager is letting them know they have a special called meeting on 7/28/14, followed by the regular workshop so this will be brought up for discussion at the regular called workshop. Motion: Defer to next meeting for discussion at the regular called workshop. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Memorandum of Agreement Between City of Atlantic Beach and North Florida Utility Coordination Group (NFUCG). This item was taken out of sequence and acted on earlier in the meeting. B. PLAT-14-00100012 (Atlantic Beach Country Club). This item was taken out of sequence and acted on earlier in the meeting. C. Contingency Contract Extension for Disaster Debris Removal Services and Transfer of Contract from Byrd Brothers to Ceres Environmental. This item was taken out of sequence and acted on earlier in the meeting. July 14, 2014 REGULAR COMMISSION MEETING 9. City Manager A. City Manager's Report. • 90-Day Calendar (July-September 2014) AGENDA ITEM# 1A AUGUST 11, 2014 Page 11 City Manager Nelson VanLiere reported the Town Hall meeting will be held this Saturday at 10:00 a.m. at the Gail Baker Community Center. He also asked to schedule a workshop before the August 11 meeting at 5:00p.m. to discuss the results of our police building consultant's work. Mr. VanLiere stated they met with Jacksonville and were told the Assistant General Counsel was going to schedule a mediation on the tippage fee issue sometime the week of Aug. 4. He asked for consensus that he and the City Attorney would negotiate on behalf of the City to resolve that matter. Mr. Komando stated this does not mean that they will resolve anything outside of the Commission's approval; what they are hoping is that they will trust them enough to make a good faith effort to come to a resolution. He stated he doesn't know what level of compromise that will entail, however he understands that any agreement would come back to the Commission for approval. He stated the Commission had already delegated that authority when the City Manager originally sent his letter; this is part of keeping the Commission informed and hopefully there is no objection. There were no objections from the Commission. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle • Stated in the past the Commission did not want staff at the Town Hall meetings so she needs a volunteer for minutes. Mayor Woods stated she will be out of town for that meeting. Commissioner Hill stated he would not be there either. Commissioner Beckenbach stated he would take minutes. Commissioner Hill asked that the town hall meeting be changed to another date. Commissioner Daugherty stated he would also like to change the date because he is leading a group with a Habitat Project Saturday morning. Following discussion the Town Hall meeting was changed to Tuesday 7/22114 at 6:30, if the building is available. Commissioner Beckenbach stated he will still take minutes. He stated he would like to purchase a portable digital recorder that he could put on the table and record conversations and also be able to put it on the web. Mayor Woods stated she thought the iPad could be used for this. Commissioner Beckenbach stated he believed there are enough digital business recorders that would allow for us to bring it right on over to the web. Mayor Woods stated she believes staff is looking into this and asked the City Manager and City Clerk for comments. Ms. Bartle stated IT was looking into something that she didn't realize was going to be as elaborate as what they are looking at. She stated she believes what IT got out of it was that Commissioner Beckenbach wanted to be able to do video recording, so there is a system on order that will allow that but the issue with that, she believes, will be that it will take setup and they won't be able to take it over the day before and leave it for a Saturday meeting. She stated that would mean that someone would need to take that and be responsible for it and she doesn't believe it is going to be something small. Mayor Woods stated she is going to try to record with her iPad at this next meeting. Commissioner Becken bach stated he would still like to get a digital recorder to take. Mayor Woods requested that the City Manager have one purchased by July 22. Commissioner Hill clarified it to mean the most affordable, highest capacity audio recording device that you can buy within whatever budget you have at your discretion. It doesn't need to be an elaborate machine. Discussion ensued as to what was ordered and it was agreed that they could use both. City Manager Van Liere stated he would check with Keith Randich. July 14, 2014 REGULAR COMMISSION MEETING Commissioner Mark AGENDA ITEM# 1A AUGUST 11,2014 Page 12 • Reported on the police community meeting organized by Opio Sokoni. Chief Mike Classey further elaborated on the meeting. Commissioner Daugherty • Reported on the Dog Park on Plaza, stating it is completed and open. Asked if staff could post a notice at the current dog park that this park is available. • Stated he believes the tone Mayor Woods took with him with the gavel and her words were not professional and were inappropriate. Mayor Woods explained he was constantly interrupting and making accusations is strictly forbidden by Roberts Rules. She stated she apologizes if he thinks it was unprofessional. City Attorney Komando • Reported the Charter Review Committee is working diligently and very hard, with the support of staff as well. He stated they are putting a lot of effort forward and are doing a very good job in coming up with ideas and discussion points for things to better provide direction for our City. Mayor Woods • Reported on a tour of the Atlantic Beach Country Club the City Manager and she took today. She stated they extended an invitation to any other Commissioner who wanted to take a tour. Commissioner Hill questioned the concrete barrier in the creek stating he would like an environmental impact assessment. Discussion ensued. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:12p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer *A Workshop was held on June 23, 2014 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion.