Amended Item 1B- Minutes Comm. Mtg. 8-11-14MINUTES
*REGULAR CITY COMMISSION MEETING
August 11, 2014
IN ATTENDANCE:
Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Maria Mark
ABSENT:
Commissioner Jimmy Hill
Call to Order/Pledge:
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson Van Liere
City Attorney Richard Kornando
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
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SEPTEMBER 8, 2014
Mayor Woods called the meeting to order at 6:30p.m. Mayor Woods gave the Invocation, followed by the
Pledge of Allegiance to the Flag. She recognized f01mer Jacksonville Mayor and current President of
University of North Florida John Delaney who was in the audience.
1. A.
B.
C.
D.
Approve the minutes ofthe Regular Commission Meeting of July 14, 2014.
Approve the minutes ofthe Workshop of June 23, 2014.
Approve the minutes of the Special Workshop on Police Building of June 23, 2014.
Approve the minutes ofthe Public Meetings of June 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.
Item 7 A was taken out of sequence and acted on at this time.
7A. ORDINANCE NO. 15-14-14, Public Hearing and Final 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-l 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. She opened the floor to the Public Hearing. No one in
the audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 15-14-14 as read.
Moved by Mark, Seconded by Daugherty
August 11, 2014 REGULAR COMMISSION MEETING
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Item 6A was taken out of sequence and acted on at this time.
6A. Resolution No. 14-07
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SEPTEMBER 8, 2014
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA;
SUPPLEMENTING ORDINANCE NO. 15-14-14; AUTHORIZING THE ISSUANCE OF A $13,960,0000
UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014; AUTHORIZING AWARD OF THE BONDS
TO TD BANK, N.A. FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS; AUTHORIZING THE
EXECUTION AND DELIVERY OF THE BOND, THE LOAN AGREEMENT AND THE ESCROW DEPOSIT
AGREEMENT; AUTHORIZING CERTAIN CITY OFFICIALS TO TAKE ALL NECESSARY ACTION IN
CONNECTION WITH THE ISSUANCE OF THE BOND AND THE EXECUTION AND DELNERY OF THE
LOAN AGREEMENT AND THE ESCROW DEPOSIT AGREEMENT AND PROVIDING AN EFFECTNE DATE.
Mayor Woods read Resolution No. 14-07 by title.
Motion: Approve Resolution No. 14-07 as read.
Moved by Mark, Seconded by Daugherty
Mayor Woods stated the City Manager and staff have done a wonderful job on this refinancing and over the
course of 10 years it will save the City approximately $1.6 million.
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
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. She stated she will limit comments to 2 minutes tonight.
Katie Armstrong, 1116 Linkside Ct. W., spoke in support ofthe Human Rights Ordinance (HRO).
Chris Jorgensen, 92 W. 3rd Street, spoke in opposition to the HRO.
Jill Stanton, 1978 Brista De Mar Circle, spoke in support of the HRO.
Nancy Whittington, 1861 Beachside Ct., spoke in opposition to the HRO.
Tracey Westbrook, 1560 Selva Marina Dr., spoke in support of the HRO.
John Stinson, 150 12th Street, stated he believes it would be a good thing to let the citizens vote and believes
the City needs a parking permit program. He also asked if the pervious/impervious restrictions for
construction in Atlantic Beach have been rescinded because he is seeing homes going up where lots are
Augu~t 11,2014 REGULAR COMM ISS I ON MEETING
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covered almost i)·om fe nce to fence. He s tated he be li eves if we ever get a reall y bi g s torm , the C ity wi ll
su ffer because of the ammmt o f runoff in the streets a nd where p eo pl e can 't trave l.
J~tmes Pope, 441 Aquatic Drive, spoke in s upport of the HRO.
Lynn Pcn-y, 1325 Munson Cove Drive, spoke in s upport of the HRO.
Rosalincl Hoffman, 266 Magnolia St., s poke in s uppo rt of the HRO.
Amber Barnes, 740 Sailfish Dr., spoke in support of th e HRO.
Michelle Caa·ter·, 315 Sailfish Dr. E ., spoke in s upport of t he HRO.
S u zanne Reis, 2268 Mayport Rd., s poke in opposition to the BRO.
Judith Johnston, 2207 Alicia L~mc , spok e in opposi ti on to the HRO and as lced why it vtas denied to voters.
Sl~e requested th1:1t they make pttblie the spee itie indisputable pwof of diserimination cases t hat they
researehed and 'Nere assured of to be eonsidering sueh legis latioR .
Kris Matson, 540 Hopkins Street, Neptune Beach, s poke in support of the HRO.
Marshall Wood, 1262 Rushing Dr., Orange Pari<., sp oke in opposition to the HRO.
T her·esa Weatherford, 371 9th St., did not speak but stated s he supports the HRO.
Jim Stehr, 1752 Sea Oats Dr., spoke in opposition to the HRO.
David Johnston, 2207 Alicia Lane, s poke in support of non disefimtRa~on--bH t ROt th~ oppos ition to th e
HRO as it reads now as related to plaees ofpublie aeeommodalion .
Carlo s Jones, 551 Vikings Lane, spoke in oppositi on to the HRO.
Gary Grider, 2057 Vela Norte C ir·cle, spoke in o ppos ition to the HRO and asked that they give the puelte a
chance to vote etHitis.
Don Peters, 1902 N. S hcn·y Dr., s poke in oppos iti on to the HRO .
. Judy Shcldin, 1985 Brista De Mar Circle, spoke in s uppo rt of the HRO.
Richard Salldn, 336 S unrise C ircle, s p oke in s upport of the HRO.
Sabrina Wheeler, 2392 Cov ington C ircle E., spoke in o ppos ition t o the HRO.
Michelle Knight, 1494 Linl<side Dr., spoke in s upport o f the HRO.
Robert Schlenoff, ·t 094 Stocks St., s poke in oppositio n to the HRO.
John Delaney, 110 Bowles St., Neptune Beach, spoke in s upport of the HRO.
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Carole McManus, 1205 Salt Creel< Isle Dr., Ponte Vedra, spoke in s upp ort of the citizens making th e
decision.
Rick Poppell, 357 S herry Drive, spoke in s upp ort of the HRO.
Deborah Fisber, 544 C ruiser Lane, spoke in ~port of Hti s going to th e -..·oters a nd ifl--opposition to the
llRO.
Tricia Russell, 8720 Co unty Rd. 13 N., St. Augustine, spoke in support of the HRO.
Brenda Shields, 315 18 111 St. N., Jacl<sonville Beach, spoke in s uppm1 of the IIRO.
Michael Sheldin, 1985 Brista de Mar Circle, spoke in supp ort of the HRO.
Susan Wallace, 1912 Hiclw1·y Lane, spoke in supp ort of the HRO.
Don Sasser, 2237 Oceanwalk Drive W., spoke in opposition to th e HRO -end as ked that they le t the citi zens
Eleeffie .
Dan Merl<an, 3159 College St., Jacl<sonvillc, s poke in support of the TIR O.
Donna Sasser, 2237 Oceanwalk Drive W., spoke in opposition to the HRO-m1a v.An ts the e itizens to be able
~.
Janie Jones, 1075 Eagle Bend Court, ,Jacl<so nvillc, spoke in support of the H RO .
Helen Urban, 543 Pelican Key, s poke in supp011 of the HRO .
. Julie Malmstrom, 2042 2 11 d S t. S., .Jacksonville Beach, spoke in s upport or th e HRO.
Rafael Usher, 13245 Atlantic Blvd. #4-233, spoke in 5t~orl or giving the pe e ple theel:!atlee-te-vele s tali ng
tl e was iR oppositi on to th e TI RO.
Aryana Vontecsc, 178 0 Leon Rd. #2212, Jacl<sonville, s po ke in supp ort of th e HRO.
Matthew Fain, 1780 Leon Rd. #2212, .Jacl,sonville, spoke in s upport of the HRO.
Roseanne Larizza, 721 Neptune Lane, Neptune Beacb, s poke in support of the IIRO.
John Ste·r, 1701 Selv~l Marina Dr., spoke in support of the HRO.
Ruth McGuffin, 1965 Brista De Mar C ircle, spoke in s upp ort of th e HRO .
Helen Bradley, 94 Ocean Side Drive, spo ke in support of th e HRO.
Blal<:e Harper·, 3909 S unbeam Rd., .Jac l<so nville, spoke in opposition to th e IlRO.
August 11 ,2014 REGU L A R COMM I SS ION M EETI NG
Ben Steffens, 1115 Main S t., spoke in opposition to t he HRO.
William Lyon, 11 25 M~1 i n St., spoke in oppositi on to th e HRO.
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Heather Downs, 375 3 rcJ S t., spoke in support of the 1-IRO-&Ac-kioes not 'NBA\ this to -geA& a Yete.
G t·etchen Detrcs-Murray, 346 Magnoli a S t., spoke in su ppor t of th e HRO .
Mary-Blue S ter, 1701 Selva Marina Dr., sp oke in s u pport of t he HRO.
Bobby N ord, 5201 At lantic Blvd. #254, Jacl<Sonv ill e, spoke in su pport ofth e I IRO.
Oanielle Krusemark, 7 61 Peppea·vinc Ave., .J acksonvill e, spoke in s u pport of t he .HRO .
Dag Heede, J 7 1 C lub D rive, spoke in s uppo rt of th e II RO.
B~ubara J ea n Whitehead , 234 Poin settia S t., s poke in s upport of the IIRO.
James Edd y, 222 Lawton Ave ., Jacl<so nville, spoke in s upport of the HRO.
C h evara Oren , 2069 N . Mar·kct S t., Jacl<so n villc, s poke in s upp01t of the IlRO.
Donna C hristense n , 2 039 Paradise Oal<s C t., spok e in suppo rt of th e HRO.
S u sann e Barl<er, 1938 Beachside Ct. in suppor t of the I IRQ b ut did not speak.
Marl< Hill, 1726 Selva M arina Dr., spoke in s upport of th e HRO.
Lucy Lynch, 71 0 2 11 ll S t., Neptu ne Beach, spoke in s upport of the llRO.
Laura Riggs, 301 E. Bay S t. #405, .Jacl<so n v ille, spoke in s upport of the llRO.
T homas SeJwiltk a, 1431 Riverplace Blvd., Jackso nville, s poke in s upport of the HRO.
Brenda S amara, 2233 Seminole Rd. #19, s poke in s upport of the IIRO.
Jobn H•mcocl<, 336 S unrise C ircle, spoke in support of th e HRO and the dog pa r k .
Tom Steele, 923 Mystic Harbor Ot·., Jacl<sonville, spoke in s upp01t of the JIRO .
Deborah C arter, 803 Wood H ill D t·., Jacl,son v ill e , s poke in supp ort of th e HRO.
T r avis C hris ten sen , 2871 Affirmed C out·t, Green Cove S prin gs, spoke in s uppo rt of the IIR O-ttt-ld-age-i-fls.t
a referendum .
A u a S h epard, 41 Co ral S t., spoke in s upport of th e I I RO.
Jimmy M idyette, 5683-2 Solo mon Rd., Jacl<sonv ille, sp o ke in suppo rt of the HRO.
Augus t II, 2014 REGULAR CO MMISS ION MEETING
Lyn Lazarus, 540 Hopkins S t., Ne ptune Beach , spoke in supp ort of th e I IRO .
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Joseph Quest, 1501 Atlantic Blvd, Ne ptune Beach , addressed i mprovin g the look o [ th e May p011 Rd
co rrid or.
Lynne Carroll, 316 9 111 St., spo ke in s uppo rt of the IIRO .
Ca rrin gto n Mead, 3948 Anvcrs Blvd. Jacl<son v iJic , spoke in support of th e HRO.
Michael F armer, 134 E . Colonial Dr., Orlando, spoke in s upp ort of th e ITR O.
Gena Delancy, 110 Bowles Street, Neptune Beach, spo ke in support of the HRO.
Marye Delaney, 215 Myra S tree t, Neptune Beach, spoke in support of the llRO .
S haron Si mmon s, 2755 Rive•·s i<lc Ave., Jacksonville, spoke in support of the HRO.
Katie Delancy, 1610 La ndon Ave., Jacl<so nville, did not speak, bu1 was in s upp ort of the liRO.
Phil Wemhoff, .Tacl<sonvillc , s poke in opp ositi on to the I IRO .
Ali Hall, 1401 Neptune Gr·ove Dr. W., Neptune Beach , did not s peak bu t was in sup po rt of the HRO.
Tcn'Y Lamb, (14603 Beach Blvd.) sailin g vessel Su ndollar, Jntracoastal Waterway , spoke in supp ort of
th e HRO .
PK Drake, 4524 Attleboro S t., Jacl<sonvillc, s poke in supp ort of th e HRO .
Debbie Price, 316 9 111 St., spoke in suppo rt of th e HRO.
Linda Huffman , 501 16111 AvenueS., Jacksonvill e Bench, spo ke in supp o rt of th e HRO.
Jane Kosut, 1969 Sevilla Blvd. W., spoke in s uppo rt ofthe liRO.
M;try Anne Aycocl<, 1632 Pari< Tcnace W., spoke in s upp ort ofthc HR O.
Marina Hadgini, 72 1 Ne ptune Lane, Ne ptune Beach, spoke in suppOL1 of the llRO-sttl!in g \'t'e deA 'lllee&-a
relerenGtiffi .
Lori Arms tt·ong, P.O. Box 3381, Neptune Beach, spoke in s up po rt of the TIRO.
Bill Delancy , 1610 L andon Ave., Jacl<so nvill e, di d not speak bu t was in support.
S haron Qualls, 10 T e nth S t., #5 0, spoke in supp o rt of the HRO.
Nigel Bennie, 147 Pine Street , spoke in suppo rt of t he HR O.
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Tasha Ha ll , 1948 Bristn De Mar C ircl e, s poke i n s upp orl of the HRO .
Brian Hughe s, 171 C lub Drive, s poke in support of the HRO.
Shirlee Richardso n-M ill er, 1529 2"ll Avenue N., spoke in sup port of t he T-IR O.
Woody Winthc, 335 3rd S treet, spoke in support of th e HRO.
DcJwan Harmon, 611 Selva Lakes C ircle, spoke in support of the I fRO .
Avery Garner, .J acl<sonville, s poke in support of the HRO.
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Michael Hohman, 11334 Cal'lsburg C t., Jacksonville, sl ated he was eoneeftled about the-eAforcen'leRt of
n~e-1-J..RO nnd was spokl! in opposi li on t-e-ofthe BRO.
Dawn O'Connor, 611 Selva Lakes C ircle, spoke in supp ort of th e IJRO.
Peyton Hopkins, 957 151h Ave. S., Jacks onville B each, spoke in s up p011 of the HRO
S teve Piscitelli, 375 Magnoli a S t., s poke in supp o11 of the HR O.
Jessica Osbol'ne, 3208 Herschel S t., Jacl<s onville, s poke in support of th e BRO.
llcm 7D was taken out of se quence and ac ted on at thi s time.
70. ORDINANCE NO . 95-14-108, Public Hearin g and F inal Readin g
AN ORDINANCE Of THE C ITY OF ATLANT IC BEACH, FLORI DA> AM ENDfNG CHAPTER 9, OF
THE CODE Of' ORD INANCES, TO PROHlBJT DJSCRTMTNATION; PROVIDING FO R CONF LI CT;
PROVIDIN G POR SE VERAB ILJ TY; AND PROV IDIN G AN EFFECT IVE DATE.
Mayo r Woods read Ord in ance No. 95-14-108 by title. She stated Commissioner Hill is not here thi s evenin g
and sent in a note reques ti ng t hey pos tp one the vo te on thi s and asked i f any of the Comm iss ioners wou ld li ke
to make a motion to do th at.
Motion: Defer
Moved by B ecl<enbach, S econded by Daugh erty
Com mi ss ioner Mark stated she abso lute ly cannot support that mo ti on. She sta ted she under stan ds
Co mmi ss ion er Tlill 's persona l iss ues for no t being here; howeve r, she stated this ord in ance has been
di scussed for month s now. S he stated every one of th e Commissioners has had more than ample
o ppo rtuni t ies to bring forward what th ey wan ted to br in g in th is ordin ance. She stated there is no disp ute th a t
Com mi ss ioner Hi ll is not a supp orter of thi s ord.in a nce. She sta ted to defer thi s vo te sim ply because
Com mi ss ion 1 I ill is no t here, knowing th at he is not a supporter of thi s ord inance, wou ld just give it lln due
delay and she doc s no t support defe rring thi s ordinance . She stated if th ey pass the ordina nce, th ey can
always amend the o rdinance if th ey find it need s to be tweaked. She stated if th ey do not vote on th is
ordinan ce toni ght, then they wi ll have done a g reat e r injust ice th en not vo ting for it at all.
August 11, 2014 REGULAR COMMISSION MEETING
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Commissioner Daugherty stated he seconded this so they could discuss this. He stated he does believe it
needs to be amended in such a way that it would take it to a first reading again and that would add another
month to this, so he wanted to discuss whether the Commission would be in favor of the amendment before
they vote on this. Mayor Woods stated they need to address the motion that is on the floor.
Commissioner Beckenbach stated at the last meeting Commissioner Hill said he had a ce1iain concern that he
wanted to discuss with legal. He stated he couldn't come back to the Commission because it has to be out in
the open. He stated he is for the HRO but believes there should be an oppmiunity for another Commissioner
to bring forward something that he feels would be beneficial for the HRO itself. He understands what
Commissioner Mark stated that Commissioner Hill has had a long period of time in which to come up with
something and he hasn't. He stated, at this point, he was supposed to have and he doesn't know if he has. He
asked City Attorney Komando if Commissioner Hill had spoken to him about the HRO. Mr. Komando stated
they talked more about his inability to be here and whether or not it should be defened. He stated he brought
up one other topic but he believes it is something he wants to bring up. Commissioner Beckenbach asked if
Commissioner Hill has spoken to Mr. Komando about changing the HRO. Mr. Komando stated
Commissioner Hill expressed concerns about another jurisdiction that is having a similar legal fight. Mayor
Woods asked when was this discussion, with Commissioner Hill, about him having a specific point he wanted
to discuss. Commissioner Beckenbach stated it was at the last meeting. Mayor Woods asked if
Commissioner Hill brought up what that issue was and if he has spoken to Mr. Komando about what this
issue is. Mr. Komando stated he doesn't know if it is the same issue; he brought up an issue about a legal
challenge he had found doing some research. Mayor Woods stated that is not specific language about the
ordinance and ask if he has spoken to him about anything specifically in the ordinance. Mr. Komando stated
no. Mayor Woods stated he said at the meeting that he had a specific issue but he didn't tell anybody at the
meeting what it was and said he would get with counsel and he didn't speak about anything specific with
counsel. Commissioner Beckenbach stated in this particular case if they are going to vote for the ordinance
he wants to make sure they give each of the Commissioners the opportunity to vote and the final opportunity
to make their final statement.
Commissioner Daugherty stated he would encourage the Commission to extend this courtesy. He stated he
has some serious concerns about the language based on some comments that were made tonight.
Mayor Woods stated Commissioner Hill has opposed this the entire time; they have asked him repeatedly for
any specific language that he could offer and he has come up with none. She stated Commissioner Daugherty
has opposed this repeatedly and they have asked him for specific language and he came up with quite a bit, he
joined in the conversation and helped. She stated she believes if it was Commissioner Daughe1iy asking for
this she would be a lot more prone to it but Commissioner Hill has shown commitment only to avoidance.
She stated the fact that he brought it up at the meeting but was not specific about anything still and has had
two weeks since then to speak to counsel about it and counsel says there was no specific language. She stated
Commissioner Hill says he has something that he knows about and wants to share but he hasn't shared. She
stated she has to question, as does Commissioner Mark the motivation. She stated at this point she believes it
is more prudent for the City to move ahead. She believes our counsel has done a wonderful job of
researching; there have been numerous discussions about lawsuits going on or not going on in other places.
She stated she has every respect for Commissioner Hill and his convictions but she believes at some point
politics doesn't trump anymore and it is time to serve the community. She stated that is where she stands and
would like to call the vote on the motion to defer. She stated if there is language someone wants to bring up
for them to consider, they always can and always will.
Mayor Woods called the vote.
August 11, 2014 REGULAR COMMISSION MEETING
Votes:
Aye: 4-Becken bach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Woods asked the City Clerk to do a roll call vote on the deferral.
Roll Call Votes:
Aye: 2 -Becken bach, Daugherty
Nay: 2-Mark, Woods
MOTION FAILED
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Mayor Woods said to Commissioner Hill, if he is watching, please bring them specific language and they will
be happy to consider it in the future. She asked Commissioner Daughe1iy if he has ce1iain concerns to please
bring them forward.
Motion: Approve Ordinance No. 95-14-108 as read
Moved by Mark, Seconded by Beckenbach
Commissioner Daugherty asked the Commission how they feel about this going to referendum, stating he is
in support of it. Mayor Woods stated she does not believe the community needs to be torn apmi like that.
Commissioner Daughe1iy stated then it would be a 2-2 vote so he will not make that motion. He referred to
page 3 "Places of public accommodation" stating, after hearing the public comments, he would like to strike
the last five lines starting at facilities and accommodations. He stated he believes if they pass this as written
they are opening the churches to possible litigation.
Motion: Strike last five lines of the third paragraph on page 3.
Moved by Daugherty, Seconded by Beckenbach
Commissioner Mark asked legal counsel to comment on that. Mr. Komando explained what Commissioner
Daugherty is referring to under the definition of public accommodation or places of public accommodation.
He stated if a religious organization does rent or lease or allow others to use their space, you look at the last
five words of that definition which says, "but not to the public". He stated by allowing the public to use it, it
would no longer be a place, and you have to go to the beginning of that definition where it states, the
following shall not be considered places of public accommodation and it refers to private clubs,
establishments, etc. He stated if a religious organization, association, society or non-profit allowed their
facility or establishment to be used by the public then that place would no longer be considered a public
accommodation. He stated even though that place would be considered a place of public accommodation, the
religious organization would still be protected under the exemption pmiion on page 7. Mayor Woods stated
so when they were having religious members use the facilities or are having religious church events they
would be exempt from the ordinance, but if they are operating a business by renting out the space it would be
like any other business. She asked if they would still need to have 15 employees or more. Mr. Komando
stated he would have to do more checking on that. He stated he mentioned to Commissioner Daugherty
during public comment that he has heard there are some cases that deal with when a facility or establishment
could be considered public versus a private or religious place, but he didn't anticipate that question coming up
tonight so he hasn't done that research.
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Commissioner Beckenbach stated an example would be the church that is in the Atlantic Theatre. He stated if
they offered it to individuals such as himself when he ran for office to have a debate there and they would
take money for that. He asked if that would then be considered a public accommodation. Mr. Komando
stated that was cmTect. Commissioner Beckenbach stated then if the LGBT community wanted to do the
same thing and they said no, that would not be acceptable because it is a public accommodation and they
would not be able to say the LGBT community could not rent their prope1iy. Mr. Komando stated the
organization couldn't claim that it is not a place of public accommodation because they had allowed it to be
used as a place of public accommodation. Discussion ensued. Commissioner Beckenbach stated, to him, this
is just stating that any organization, religious or not, that decides they are going to rent out part of their assets
or place they want to make a ce1iain amount of money on, that they can rent it out to anyone in the public but
they can't discriminate against who in the public they rent it out to, unless they say they aren't going to rent it
out to anyone in the public and then they can be discriminatory at any time. Mr. Komando stated that is
traditionally what country clubs do; they don't allow their facility to be open to the public. He stated that is
why private clubs generally will have a member rent the facility and then anyone who comes is a guest of that
member; they aren't renting to the public. Commissioner Beckenbach asked Commissioner Daugherty where
is he seeing a problem with that as far as a religious organization is concerned since they still have the
oppmiunity to discriminate but once they start renting it out to the public then they can't start being
discriminatory and say I'll choose you, but I won't choose you. Commissioner Daughe1iy stated there aren't
many places in Atlantic Beach where you can have 100 people show up for something and Commissioner
Beckenbach's example of the debate for the election is a great example. He stated the thing about the
possibility of something coming up that may be gay-oriented is that it directly goes against their core beliefs
and values that they may profess, although he can't speak for the Vineyard Church. Mayor Woods stated he
just said he didn't know what they were so you can't turn around and say it does. Commissioner Daughe1iy
stated a lot of churches profess this. Mayor Woods stated a lot of churches don't. Commissioner Daughe1iy
stated they have been very careful when crafting this ordinance to protect churches. Mayor Woods stated the
difference here is that they are operating as a business at that point and collecting money. Further discussion
ensued. Commissioner Beckenbach stated in this pmiicular case as far as discrimination is concerned they
would be discriminating only if they selected in the public from one group saying we will okay you to have it
but the other group will not be allowed to because you are not the correct race, not the conect gender, etc. He
asked if that was correct. Mr. Koman do stated you are crossing over into what is prohibited conduct from the
definition of what a place of public accommodation is. He stated a religious organization that rents out a
facility to the public cannot claim that that place is not a place of public accommodation. Mayor Woods
stated this is just defining what public accommodation is and if you have accommodations that you rent to the
public, it becomes a public accommodation by definition. Commissioner Beckenbach asked Commissioner
Daughe1iy if he is saying if it goes to the public he doesn't want it to be a public accommodation.
Commissioner Daugherty stated he doesn't want a situation where a church does something like that and then
finds themselves in a situation with a lawsuit. Commissioner Beckenbach stated if you are going to rent to
the public, basically, you are saying that this definition says that if it is rented to the public then it is a public
accommodation. Mr. Komando stated this is just a definition of a place of public accommodation.
Commissioner Daugherty stated he believes he better understands it now.
Commissioner Daughe1iy withdrew his motion; Commissioner Beckenbach withdrew his second.
Mayor Woods opened the Public Hearing, asking if there was anything additional the public would like to
speak to.
David Johnston, 2207 Alicia Lane, stated this wording prohibits the care of people by the chmch, using its
own facility, simply because they are members of the public and the chmch is not becoming a self serving
August 11, 2014 REGULAR COMMISSION MEETING
AMENDED AGENDA ITEM# IB
SEPTEMBER 8, 2014
Page 11
organization so it can only use its facilities and assets for itself. He stated the church needs to care for the
public without discrimination, but the wording here prohibits the church, changes the category, based on the
fact that the church is using its own facilities for the care of the public. He stated that is a greater issue than
the rent thing; it is not so cut and dry. He stated now this ordinance by its wording prohibits the church from
using its own facilities to care for the public.
Jimmy Midyette, 5683 Solomon Rd., stated he doesn't believe what they were talking about in this last
discussion has to do with the church's ministerial function and its mission on emih. He stated it talks about
whenever the church holds itself out as a public accommodation; when it takes in rent for the facility. He
stated churches then get taxed on those commercial things that happen. He stated the issue here isn't the
church being open to members and nonmembers, and ministering to its community, the issue is whenever the
church has a facility and rents that facility out to the public, then their obligations under this ordinance may
be impacted, but not for its general ministerial function.
John Stinson, 150 12th St., asked about violation of sunshine law with Commissioner Daugherty speaking to
the City Attomey during the public comments pmiion. Mayor Woods stated that is not a violation because
the City Attomey does not vote so they are always able to speak with their counsel.
No one else from the audience spoke, so the Mayor closed the Public Hearing.
Mayor Woods asked the City Clerk to call the roll for the vote.
Roll Call Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Before he voted, Commissioner Daughe1iy stated that he is against this but, so he could bring it up for
reconsideration at the next meeting so Commissioner Hill could have his say, he would vote aye. Mayor
Woods stated she is real sad to hear politics come into this. She thanked everyone for their hard work and
thanked the City Attomey for all of his time and efforts in this. She stated she hopes when Commissioner
Daugherty and Commissioner Hill bring this up that they have clear concise language that they would like to
discuss so that they don't expend anymore than necessary of City resources. Commissioner Daugheiiy stated
it will take a vote of three people to bring it up for consideration, so one of you guys will have to want to hear
what Commissioner Hill has to say.
Mayor Woods adjoumed the meeting for a short break. The meeting was reconvened at 9:48p.m.
Item 8B was taken out of sequence and acted on at this time.
8B. Public Hearing on Request for use-by-exception (UBEX-14-00 1000 19) to allow limited wholesale
operations in the Commercial General (CG) Zoning District located at 1175 Atlantic Boulevard.
Motion: Approve the Use-By-Exception 14-00100019 as read.
Moved by Daugherty, Seconded by Beckenbach
August 11, 2014 REGULAR COMMISSION MEETING
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Item SA was taken out of sequence and acted on at this time.
AMENDED AGENDA ITEM# JB
SEPTEMBER 8, 2014
Page 12
A. Public Hearing on Request for use-by-exception (UBEX-14-00 1000 18) to allow the permanent
storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512 Stewmi
Street.
Mayor Woods opened the Public Hearing.
Charles Mann, 165 Arlington Rd., stated this is very close to some property he owns on Stewart St. and
Mary St. and he is opposed to this unless they can properly condition it to lessen the impact on his piece of
prope1iy. He stated he has spoken to the applicant and they have come up with some areas he believes they
can have a meeting of the minds on. He referred to the exception this falls under, stating this is actually a bus
terminal; storage of cars is where they are there on a prolonged basis. He stated this is the coming and going
of 3 8-40 school buses on a daily basis and that constitutes a bus terminal. He stated he does not believe it is
properly before the Commission. After speaking with the zoning administrator, who has been very helpful to
him in getting ready for this, he said he determined this was the closest zoning category that the bus terminal
would fit in and, therefore, it would be allowed by exception. He stated, as a propeliy owner, he would rather
see a decision like that made by an elected body, not by an administrator. He stated if they want to change
the code it should be done, in his opinion, by the Commission, not by a zoning administrator. He stated he is
also concerned about the effect this is going to have on the growth and redevelopment of this area. He
believes there are several compromises that could be put on this piece of property, i.e., allowing all the cars to
come out to Main St., go south on Main St. to Levy and using Levy as access to Mayport Rd. to keep them
out of this residential area; the piece of property that fronts on Stewart St. be designated solely for the parking
of the bus drivers cars; some visual screening along Stewart St. with shrubbery; and some concern for the
protection of the aquifer.
Attillio Cerquera, 36 W. 6th St., stated he understands what Mr. Mann is saying about his property that is
adjacent to his commercial prope1iy and definitely wants to create a lower impact on the residential
properties. He stated this industrial property has been zoned like this since the 1960s. He stated these
residents have moved in on this industrial property. He stated it has been zoned industrial and is supposed to
be used as industrial property. He stated he is not ce1iain how you can come and go without making any
impact on the public environment of this industrial prope1iy without going down these streets. He stated he
has no problem with Mr. Mann's recommendation of coming out on Main and going to Levy, making a new
ingress and egress and then putting the cars on that adjacent lot. He stated to speak with the problem with the
oils and gas, he has to go through St. Johns Water Management District to create a system that would hold
and retain every bit of his water on his property so there wouldn't be any issues with that. He stated he would
be able to fence it off or put some screening on Stewart Street so it is not seen from Stewart St. and then
create the ingress and egress off of Main St.
Nancy Parrish, 1611 Main St., stated her parents owned this property in the 1950s and eventually sold it and
she has the last piece of that property which is light industrial, so she is concerned about what she will end up
doing with it if he does put buses out there. She stated she would like to know if it is going to up the value of
the property.
Aug ust I I, 2014 REGULAR C OMMISS ION MEET ING
No one else from th e audi ence spo ke so Mayor Woo ds closed th e Pub li c Hearin g.
AMENDED AGENDA ITF.M II I B
SEPTEMBER 8, 20 14
Page 13
Bu ildin g and Zo n ing Director Jeremy l lubsch answe red questions from the Co mmi ssio n. Discussion ens ued .
Mr. Ce rqu era fm1 her explained the product th a t is proposed to be used for th e pa rkin g area. He answered
questions from the Commi ss ion .
Commi ss ione r Daugherty revea led he ha s been advised by counse l that he has a po ssibl e co nfli ct of interest
and wi ll not vo te or disc uss thi s item and will prepare a memo randum to be delivered to the Co mmi ssio n
(whi ch is atta ched and made part of thi s Off1 cia l Reco rd as Attachment A).
Mr. Hubsch ad dressed Mr. Mann's ea rli er point about whethe r this sho uld be a use-by-excep ti on, statin g it is
one of those thin gs in th e code where th ere is not a li stin g for every spec ific use that is out th ere so they found
th e one that was most simil ar to it. lie stated if th e Com mi ss ion disagrees with that j ud gment they cou ld deny
it based on th ose gro und s . Mayo r Woo ds asked i f we have codes that a ll ow pa rkin g lots. Mr. Hubsch stated
there is a co de th at a ll ows off street parking lots, w hic h wou ld a lso require a usc-by-excep tion.
Discus s ion ensued re lated to the schedlll e and ro utes of th e bu ses.
Motion: App rove UBEX 14-0010018 to allow storage of buses in the light industrial and warehousing
zoning district located at 5 12 S t ewart S trc e ~ with the following conditions: appr·oval of S JRWMU
permit or a letter from the SJRWMO stating no approval is necessary; visual screening installed on
s ite, so buses arc not in view from Main St. and Stewart S t., opaque gates s hall be installed at both
access points; limit of 40 buses on s ite; route buses to Ma in S t. to Levy; and worlt with C ity to develop
lundscape buffer o n the west side of Main St. to protect the e nvironme nt of those houses.
Mo ve d by Wo ods, Seconded by Mark
Mr. Mann s tated that cert ainly plea ses him . He state d he beli eves in right s of a man to use hi s property and
thi s is a fa ir co mpromi se if it is do ne thi s way and he ca n certa inl y li ve wi t h th at.
Cornm iss ioner Beckcnbach staled he wo uld like to co me back and ta lk abo ut th at light industria l are a
so metim e in th e fut ure because be is seein g th e res iden ti a l a reas th at are deve lop in g ove r there and knows that
ri ght now we have a li gh t res id e nti al but at a lat er ti me he wou ld like to see if they can move it more toward
th e res id ent ial on both sides of that streel.
Vo t es:
Aye: J.4 -Bcclccnbach, .Oat~glte¥ty, M ark, Woods
Nay: 0
Commissionc1· Daugherty abstained from the vo te.
MOTION CARRIED
3. U nfinis hed Business from Previous Meetings
A. C it y Manager's Fo ll ow-u p Repor t.
None.
4 . Con sent Agenda
August 11, 2014 REGULAR COMMISSION MEETING
AMENDED AGENDA ITEM# 18
SEPTEMBER 8, 2014
Page 14
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 Depmiment Monthly Activity Report and Monthly Financial
Report for June 2014.
B. Award the contract for annual Janitorial Services for City Facilities (Bid No. 1213-06) to Supreme
Janitorial Service for one (1) additional year to expire on September 30, 2015.
C. Declare this list of property as surplus so that the items on it may be disposed of in the most beneficial
way to the City.
D. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork
related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line
and have the authorization to electronically sign the on-line applications on behalf of the Mayor and
the City.
Mayor Woods read the Consent Agenda.
Motion: Approve Consent Agenda Items A -D as read.
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 14-07
This item was taken out of sequence and acted on earlier in the meeting.
7. Action on Ordinances
A. ORDINANCE NO. 15-14-14, Public Hearing and Final Reading
This item was taken out of sequence and acted on earlier in the meeting.
B. ORDINANCE NO. 58-14-38, Public Hearing and Final 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;
August 11, 2014 REGULAR COMMISSION MEETING
AMENDED AGENDA ITEM# IB
SEPTEMBER 8, 2014
Page 15
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
Mayor Woods read Ordinance No. 58-14-38 by title.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 58-14-38 as read.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
C. ORDINANCE NO. 58-14-39, Public Hearing and Final 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.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 58-14-39 as read.
Moved by Mark, Seconded by Daughe1iy
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
D. ORDINANCE NO. 95-14-108, Public Hearing and Final Reading
This item was taken out of sequence and acted on earlier in the meeting.
E. ORDINANCE NO. 5-14-61, Introduction and First Reading (Deferred on 7114/14)
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 Daughe1iy, Seconded by Mark
Commissioner Beckenbach, referred to Item 8C, stating he wants an amendment to the present code, Sec. 2-
16, which he read from his repmi in 8C. He stated the need is to continue to have business move along but he
has heard from a number of different citizens that the workshop was really wmihwhile and they appreciated
August 11, 2014 REGULAR COMMISSION MEETING
AMENDED AGENDA ITEM# lB
SEPTEMBER 8, 2014
Page 16
that they had the extra opportunity to discuss and to hear what the agenda was all about. He stated this would
allow staff to have the opportunity to have the consent agenda and other areas such as an RFP to be put
through, as they are asking, to continue to move the business of the City along but also to make sure that
everything else that would be voted on would be workshopped before we have the vote.
Mayor Woods stated she understands Commissioner Beckenbach's concerns but believes the hybrid
compromise that was worked out provides all those concerns because the consent agenda would still work as
the consent agenda and get passed; all ordinances require two readings so the public has a full month to hear
them with public hearings; the resolutions would come to them once and if they wanted they could move
them to the next meeting; and anything that was on miscellaneous would be for discussion only under new
business and not voted on and the Commission, by consent, would decide to move it to be voted on at the
next meeting or to keep it under new business or not discuss it anymore. She stated if they wanted to move
ahead with it they would move it to unfinished business where it would be discussed and voted on. She stated
every single thing, except resolutions at this point, would have a chance to be heard two times, plus the
agenda would come out earlier than it does now and would give plenty of time for the citizens to read it and
the newspapers to comment on anything. She stated she understands where Commissioner Beckenbach is
coming from because she has seen how things were done in the past but at some point you have to say they
have solved that problem and she believes this is a good compromise. She stated they need to be able to
move the City's business along. Commissioner Beckenbach asked what is not working in the workshop;
what is it they are missing along the way. Mayor Woods stated every ordinance is taking two months and
under the hybrid they would have the agenda out for 10-12 days before the first discussion, then two weeks
before the next discussion so you basically have a month for everything, instead of two months. She stated
two months to pass the pension ordinances has been excessive; two months to pass most ordinances is fairly
lengthy. Further discussion ensued. City Clerk Bartle asked if it would help if when they do the agenda,
similar to what they do with a consent agenda, they put a run-in before the items are listed that tell the citizens
that these are just discussion-only items and no action is going to be taken. She stated that might solve all the
problems to make sure people understand how those items are going to be treated. Mayor Woods reiterated
that she really believes the hybrid system will work out, especially if they are very clear that new items are
just being workshopped and not voted on. Commissioner Mark stated the reason she would support the
hybrid is because she believes, personally, the workshops would have worked had the Commissioners come
prepared to have a meaningful discussion but nine times out of ten at the workshops they ended up going
around and around and just having a circular conversation without really getting anywhere. She stated even
at the next Commission meeting where they were supposed to take action they were still having that circular
conversation because they are either not prepared or whatever the issues might be. She stated she believes at
a Commission meeting it gives it more of a gravity of the situation that they need to come better prepared to
discuss these items and be prepared to take action when they can. She stated she doesn't believe, from the
beginning, they really clarified how they would actually conduct that workshop and they ended up getting
bogged down in some of these little things but, in her opinion, the things that really needed discussion never
made it because by the time they got to those items, which was typically in the miscellaneous business, they
were already tired.
Votes:
Aye: 3-Daugherty, Mark, Woods
Nay: 1 -Beckenbach
MOTION CARRIED
8. Miscellaneous Business
August 11, 2014 REGULAR COMMISSION MEETING
AMENDED AGENDA ITEM# IB
SEPTEMBER 8, 2014
Page 17
A. Public Hearing on Request for use-by-exception (UBEX-14-00100018) to allow the permanent
storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512
Stewart Street.
This item was taken out of sequence and acted on earlier in the meeting.
B. Public Hearing on Request for use-by-exception (UBEX-14-00100019) to allow limited wholesale
operations in the Commercial General (CG) Zoning District located at 1175 Atlantic Boulevard.
This item was taken out of sequence and acted on earlier in the meeting.
C. Proposed amendment to Section 2-16. Time and place of regular meetings and scheduled workshops.
This item was taken out of sequence and acted on earlier in the meeting.
D. Request to amend Section 24-84 ofthe City Code of Ordinances related to Through Lots.
Jeremy Hubsch stated this will go back to the Community Development Board next Tuesday and will come
back to the Commission.
Mayor Woods stated they have some issues with the ordinance in the way it is written and asked if they want
to put a moratorium on approving permits that this affects. Mr. Komando stated a moratorium has to be
passed in the same manner as an ordinance and will take two readings. He stated if the CDB does not have a
way to resolve it by the next meeting then Mr. Hubsch will have to talk about a moratorium. Mayor Woods
asked if they cannot offer a way to resolve it at this point; can they discuss it. Mr. Komando stated they can
give direction to the CDB. Discussion ensued.
Mr. Hubsch showed some slides of Beach Avenue stating the 5' is from the property line not the right-of-
way. He stated ifthey want to go above 15' it is actually a 10' setback so you wouldn't have a 2-story garage
right on the right-of-way, it would be set back a little farther. He stated the code has been in place since
around 1940 but it has been historically developed that way for a long time. He stated that is why he had
hoped to present a little more detailed information on the history and how many houses are set up that way,
where the curb cuts are and where the traffic is going to and from.
Mayor Woods stated Beach Ave. is very different from any other street in the City in that it was designed to
be an alleyway and have garages backing up and not much space. She stated because of that they are very
lucky they have one-way traffic and a constant parade of bicycles, etc. She stated Ocean will maintain the
20' setback. Commissioner Beckenbach asked if they were going to force the 20' setback on Ocean. Mayor
Woods stated that was correct. Commissioner Beckenbach asked if that is what Mr. Hubsch is proposing.
Mr. Hubsch stated yes, they are voting it back to how it used to be but it has to run through the Community
Development Board. Mayor Woods stated she is saying they can have the address and their garage on either
side but they have to have their 20' setback. Mr. Hubsch added, and no detached structures within that 20'.
Mayor Woods stated that is correct. Commissioner Beckenbach asked if they can put through an amendment
to that ordinance right now. Mr. Hubsch stated, per our land development code regulations, it has to go
through Community Development Board and then to the Commission. Mayor Woods stated but they can
recommend to the Community Development Board that that is what they are looking to pass. Mr. Hubsch
stated he will let them know that is where the Commission stands.
August 11, 2014 REGULAR COMMISSION MEETING
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (August-October 2014)
AMENDED AGENDA ITEM# IB
SEPTEMBER 8, 2014
Page 18
Mr. VanLiere stated the budget meeting will be held this Wednesday, August 13, at 5:00 in the Chamber and
the second budget meeting will be August 20. Mayor Woods stated they must have the budget approved and
passed by the second meeting in September. Mr. Van Liere stated that will be a special called meeting.
Answering a question from Commissioner Mark, Mr. Van Liere stated he had not planned on having food at
the meeting and it will be videotaped.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Daugherty
• USS Iowa Jima is coming into Maypmi and he received an invitation to go to Norfolk and ride it
down here and he wanted to let them know he will be doing that on Thursday. Mr. Van Liere stated
he would like to see the Commission pay for his plane ticket. Commissioner Daugherty stated the
ticket is $160. Mayor Woods asked who invited him. Commissioner Daugherty stated Congressman
Crenshaw. Commissioner Mark asked Commissioner Daugherty if he was paying that or who is
paying for that. Commissioner Daugherty stated he has been here five years and has not done any
travel at all. Mayor Woods stated she believes Congressman Crenshaw should pay for it. She asked
if they can approve this at this point. Mr. Van Liere stated they can give him a consensus.
Commissioner Daugherty stated the whole thing is for developing relationships with the people on the
boat. Mayor Woods stated, yes, it is worth every penny. Commissioner Daugherty stated if any of
the Commissioners want to do a fly-out, he can give them the information where they can do a fly-out
on Sunday morning to the ship and ride the ship back.
Commissioner Beckenbach
• Asked what is happening with recyclables? Stated they had talked about putting another bin out and
he has been asked about the other bin. Mr. Van Liere stated they had to come up with the decal and
order the 7,000 bins and they should be making their way to us shortly. He stated he will have the
Public Works Director give him a more specific timeline.
• Thanked Mr. Van Liere for doing both the City Manager's position and the Finance Director,
especially with the bonds, etc. He stated he is keeping control of the City's money in a positive way
by getting a much better interest rate. Mr. Van Liere stated there was a lot of help on that, between
the bond counsel, financial advisor, and Jeri Benjamin.
City Manager Van Liere
• They have just gotten notice from Jacksonville on our proposed mediation on the tipping fees, which
they have given us a couple of days to look at. He stated they haven't confirmed that yet as they just
got the infmmation today. Commissioner Beckenbach asked him about annexation. City Attorney
Komando stated regarding annexation, they are supposed to have a draft of the Interlocal Services
Boundary Agreement by this Friday, according to Councilman Gulliford.
Commissioner Mark
• Thanked Mayor Woods for her leadership in getting the Human Rights Ordinance passed tonight and
hopes it remains on the books. She understands Commissioner Daugherty's caveat for voting for it
but hopes the people who were against it, and probably still are, really think about it hard and realize
this is the right thing to do. She hopes that is something that other fellow Commissioners come to
August 11, 2014 REGULAR COMMISSION MEETING
AMENDED AGENDA ITEM# lB
SEPTEMBER 8, 2014
Page 19
te1ms with and know that it is the right thing to do. She stated it has been a contentious subject for a
long time in Atlantic Beach and knows there is a lot of grief some people are feeling about this. She
stated she voted her conscience because that is the way to vote and she voted it because she wanted it
and not to try to sabotage it later. She stated, hopefully, that will be reconsidered at some point.
Mayor Woods
• Stated staff did a lot of work on the HRO as well, putting countless hours into it. She stated she
appreciates everyone maintaining a cool composure, as much as we have; it is very emotional. She
stated this is not an arbitrary thing, it is people's lives and it really matters.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 11:01 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
*A Workshop was held on July 28, 2014 for the purpose of discussing these items. Please refer to the Workshop Minutes for the
previous discussion.
AMENDED AG ENDA ITEM ff I B
SEPTEM BUR 8, 20 14
ATTACfiMENT A
fOIRM SIB MEMORANDUM Of VOT~NG CO NIF L ~Cl' IFOIR
CO UNTY, MUN~C~PAL, AND OlHE!R lOCAL PUlBl ~C OfrF~CERS
THE BOARD, CO CIL, COMMISSION, AUTIIORITY OR COMMITTEE ON
WHI [II SERVE IS A UNIT OF:
CITY 0 OTHER LOCAL AGENCY
M POSITION IS:
0 APPOINTI VE
WHO MU ST FILE FORM 88
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(Including the parent, subsid iary, or sibling organization of a principal by whic h he or she Is retained); to the specia l private gain or loss of a
relative; or to the special private gai n or loss of a bu siness associa te. Commissioners of comm unity redevelo pm en t agencies (CRAs) un der
Sec. 163.356 or 163.357, F.S., and office rs of Independent specia l tax districts electe d on a one-ac re, one-vote bas is are not prohibited
from voting In that capacity.
For purposes of thi s law, a "relative" Includes onl y tile officer's father, mother, son , daug hter, husba nd, wife, brother, sister, father-in-l aw,
mother-I n-law, so n-in-law, and daughter-In-law. A "bus in ess associate" means any pe rso n or entity engaged in or carryin g on a business
enterprise with th e officer as a pa rtner, joint vent urer, coow ner of property, or corporate share hold er (where the shares of the co rporation
are not lis ted on any natio nal or regional stoc l< exc hang e).
* * * • • * * • *
E L ECTED OFFICERS:
In addition to abs ta in ing from voting In t he situations described above, you must disclose the co nflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to th e assembly the nature of you r Interes t In the measure on which you are
abstaining fro m voting; an d
WITH IN 15 DAYS AFTER TH E VOTE OCCURS by completing and filing this_ form with the person responsible for recordi ng the
minutes of th e meeting, Who should Inco rp orate the form In th e minutes.
* .. • • • .. * .. * *
APPOINTED OFFICERS:
Although yo u must abstain from voting In the situation s described above, you are not proh ibited by Section 11 2.3143 from otherwise
participatin g in the se matters. However, you must disclose the nature of th e conflict before mal<lng any attempt to Influ ence th e decis ion,
whether ora lly or In writing and wh ether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEM PT TO IN FLUEN CE THE DECISION PR IOR TO THE MEETING AT WH ICH THE VOTE WILL BE
TAKE N:
• You mu st com pl ete an d file this for m (before mak ing any attempt to influence th e decision) wi th the person res pon si ble fo r reco rding th e
minutes of th e mee ting, who will incorp orate th e for m In the min utes. (Contin ue d on page 2)
CE FORM BB-EFF. 11 /2013 PAGE 1
Adopted by reference In Rule 34·7.0 10(1 )(f), F.A.C.
APPOINTED OFFICERS (co ntinued)
• A copy of the for m mu st be provided Imm ediately to the ot her memb ers of the age ncy.
• Th e form mu st be read publicly at the next meeting after the form Is fil ed.
IF YOU MAI<E NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You mu st disclose orally th e nature of you r co nflict In t he measure before participating.
AMENDED AGENDA IT~M H I B
SEPTEMDER II, 20 14
• You must co mpl ete th e fo rm and file It within 15 days after th e vote occurs with the perso n respon sible fo r reco rding t he minutes of the
meeti ng, who mu st In co rporate the form In the minutes. A copy of the form mu st be provided Immediately to the oth er mem bers of th e
age ncy, and the form must be read publicly at th e next meeti ng afte r the form is filed.
r / (\ DJSCLOSURE Of LOCAL OfFICER'S INTIERESl
I, ~V'<A ti~J\.t.h.v<l ~ r ~ I hereby disc lose that on 41 V • u (•f II
(a) A measure came or will come Jefore ~e ncy which (ch eck one or more) ~ (
1
,20 L!i:
_ inured to my spe cial priv ate gain or loss; /t~ '
v' dt tl 'I I I f b I It .!.J.,i t 10 j'/>f9U~,'('t':A _ mure o 1e spec1a ga n or ass o my us ness assoc a e, ---titf..h+f---=-....:....;.~--=v=--lt~----_:_'--------,
_ Inu red to th e special gain or loss of my relative,, __________________________ ,
lnu redtotl1 especlal ga~ or loss of ______ ~----------~---------~· by
whom I am re tai ned; or
Inured to th e spec ial ga in or loss of---------------------------, which
Is th e pa rent su bsid iary, or s ibling organiza ti on or subsid iary of a prin cipal whi ch has retain ed me.
(b) Th e meas ure before my agency and th e nature of my co nfli cting Interest In th e measure is as fo ll ows:
·-r-~o.ve ·-re~f-Lr r f\
If di sc lo sure of specific information would vio late confidentiality or privilege pursuant to law or rul es governing attorneys, a public officer,
who Is also an attorney, may comply with the disclosure req uiremen ts of this sec tion by disclosing the nature of the Interest In suc h a way
as to provide the public wi th notice of th e co nflict.
Date Filed
~/11/ (~
NOTICE : UNDER PROVI SIONS OF F LORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DIS CLOS URE
CONSTITUTES GROUNDS FOR AN D MAY BE PUNISHED BY ONE OR M O RE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
C IV IL PE NALTY NOT TO EXCEED $10,000.
CE FORM 68 -EFF. 11 /20 13 PAG E2
Adopted by reference In Rul e 34·7.010(1)(f), F.A .C.