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1-26-15 MINUTES REGULAR CITY COMMISSION MEETING January 26, 2015 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Mayor Pro Tem Mark Beckenbach City Attorney Richard Komando Commissioner Jonathan Daugherty(arrived at 7:07 pm) City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Nancy E. Bailey Commissioner Maria Mark Call to Order/Pledge: Mayor Woods called the meeting to order at 6:31 p.m. Commissioner Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. I. Approval of Minutes A. Approve the minutes of the Commission Meeting of January 12, 2015. B. Approve the minutes of the Commission Workshop of January 12, 2015. C. Approve the minutes of the Town Hall Meeting of January 10, 2015. 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. Teresa Flores, 233 Belvedere St., reminded the Commission of the Ordinance prohibiting parking on Seminole Rd. and requested the parking aprons be removed from the design. She also asked who would take care of the landscaping shown in the design; can they get rid of the electrical wires that cross Seminole Rd.; and could they put a roundabout at the intersection of Plaza, Sherry Drive and Seminole Rd. She further discussed the drainage and number of light poles. Richard Reichler, 2025 Beach Ave., addressed what he believes is favoritism granted by the Commission and staff to the owner, builder and developer of 436 Beach Ave. He recounted the violations of the driveway, fence and garage at the location, stating the fence and garage were built 5 ft. into the setback, which require a variance to be legal. He stated the Commission publicly expressed an interest in investigating these violations for almost a year but no investigation or any other enforcement action was initiated. He stated, as a result, in October, he submitted a request for a Code Compliance Investigation for each of the violations. He stated there has been zero action on the setback violations and vigorous opposition from Public Works for any form of enforcement of the impervious surface violations. Mayor Woods interrupted stating Mr. Reichler was making accusations that were not entirely correct and asked him to not make accusations. Mr. Reichler stated he is willing to discussion the accusations and believes he is telling the truth. He stated if they do not act immediately, he will take his complaint to the County and, if necessary, the State of Florida. He stated if he has to take this up the line, the focus will not be on the owner's specific violations but the Commission's and staff's well documented efforts to circumvent the law. January 26,2015 REGULAR COMMISSION MEETING Page 2 Mark Dowling,2025 Featherwood Drive W., Chair Trumpet- Fletcher High School Wind Ensemble, stated the opportunity to go to New York is very exciting to him. He stated at the last meeting they collected $555 from Atlantic Beach residents. He thanked them for supporting the wind ensemble and the band program. Dick Hilliard,338 11th St., addressed the multiple street lights proposed on Seminole Road, stating there are too many;stated he concurs with the drainage program on Seminole Road but we don't need curbing. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Mayor Woods acknowledged Janet Adkins' representative Jim Adams, who was in the audience. She stated she would move the Resolution forward. Item 6A was taken out of sequence and acted on at this time. 6. Action on Resolutions A. Resolution No. 15-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING POLICE OFFICERS AND FIREFIGHTERS; REQUESTING GOVERNOR SCOTT TO INVESTIGATE THE JACKSONVILLE POLICE AND FIRE PENSION FUND'S STABILITY AND SOLVENCY; PROVIDING FOR DIRECTION TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Woods read Resolution No. 15-02 by title. Motion: Approve Resolution No. 15-02 as read. Moved by Mark, Seconded by Beckenbach Mayor Wood read the Resolution in its entirety. Commissioner Hill stated he was contacted by the Union Representative for the Jacksonville Fire Department who advised him they were in support of any investigation and were not opposed to anything of that nature. He stated he asked what Atlantic Beach's role was in this and he told him that the Mayor just wanted to support the efforts of our State Representative in something that was important. He also declared because he is a pensioner from that Board he wanted to recuse himself from the vote. City Attorney Komando stated there has to be a declared conflict and it has to be filed with the City Clerk the next day. He stated it is a personal decision for each elected official. Commissioner Hill stated since he receives funds directly from it he believe ultimately it might be a conflict. He stated he wouldn't want to vote on something that one day ends up being a conflict. (Form 8B, Memorandum of Voting Conflict for County, Municipal, and other Local Public Offices is attached and made a part of these minutes as Attachment A.) Commissioner Beckenbach stated he would like to hear from Jim Adams. He stated he would like to hear what is coming from our support, specific to Ms. Adkins working toward a resolution of this. Jim Adams, 12542 Sunowa Springs, Bryceville, explained the concerns Representative Adkins is sending to the Governor for a formal financial review of the pension fund currently in place in Duval County. He stated it impacts Atlantic Beach because they are citizens of Duval County and taxpayers as well. January 26,2015 REGULAR COMMISSION MEETING Page 3 Commissioner Hill asked if the governing board of Jacksonville has a stance/position on this investigation. Mr. Adams stated it was his understanding that they will be reviewing this proposal as well but they have not made a decision as of this date. Votes: Aye: 3—Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods thanked Mr. Adams for coming today. 3. Unfinished Business from Previous Meetings A. Request from Fletcher High Band Boosters. City Manager Van Liere explained there has been a request to the Cultural Arts and Recreation Advisory Board to fund $2,000 toward the trip for the Fletcher Band to go to Carnegie. He asked Timmy Johnson to report on this. Mr. Johnson stated he has nothing further to report but the representative is here as well as children from the band, if they have any questions. Motion: Authorize the City Manager to make a one-time donation in the amount of $2,000 to the Fletcher High School Band Boosters to support sending nine members of the Wind Ensemble to the 2015 National Invitational Band & Orchestra Festival at Carnegie Hall in New York City in April. Moved by Mark, Seconded by Hill Commissioner Beckenbach stated, although this is a phenomenal trip, he can't justify spending taxpayer money to fund the trip because he believes this would just open Pandora's Box as far as allowing other people to make requests. He stated he,personally, believes private donations are important so he and his wife will donate to the cause,but he will not vote other people's money. At the request of Commissioner Mark, Mr. Johnson explained what the discretionary fund is used for. He stated the funding is there and the Committee voted 4-2 to fund $2,000. Commissioner Mark stated this is an incredible opportunity. She stated she asked for an accounting, which she received from Ms. Bowman today. She stated there are now 8 students from Atlantic Beach, because one had to drop out due to concerns about the financial obligations. She stated the children spent 9 hours on Saturday and 6 hours on Sunday playing in small groups at Marsh Landing and the Neptune Beach Publix stores. She stated they were able to raise an additional $5,000+ for this trip. She stated she believes, as a Commissioner, this is part of our job, taking care of our community if we have the wherewithal to do that. She stated this is a discretionary fund and is something the Commission has funded and she believes this request supersedes any other request that could be made from this kind of fund for this purpose. She stated the opportunity these young people will have cannot be duplicated and they may not have another chance to have this opportunity. She stated she supports giving this $2,000 and will also give a personal contribution and approach the Buffet Group for support, as well. Commissioner Hill stated he sat in on one of this Committee's meetings and believes they probably did a pretty good job of picking a good use for the funds that were set aside for this kind of thing. He stated he January 26,2015 REGULAR COMMISSION MEETING Page 4 doesn't consider these funds any different from any other educational activity we are involved in as a community. He stated he believes it is an investment in the community and will be voting in favor of it. Mayor Woods stated she understands Commissioner Beckenbach's hesitation but she, too, understands the importance and the extent to which having these opportunities gives back to the community in so many different ways. She stated she is in favor. Votes: Aye: 3—Hill,Mark,Woods Nay: 1 -Beckenbach MOTION CARRIED Mayor Woods stated Commissioner Daugherty is travelling and his flight has been delayed due to a storm. B. Atlantic Beach Country Club—Acceptance of utilities for Ownership and Maintenance. Mayor Woods stated this item was deferred while details are worked out. C. Release and Settlement Agreement between City of Atlantic Beach and City of Jacksonville resolving all existing disputes between them relating to tipping fees. City Manager Van Liere explained this is the agreement that the City of Jacksonville worked out with Atlantic Beach to resolve the past due tipping fees. He stated there is also an ordinance on the agenda tonight to fund the payment of$322,709, which should completely resolve our past due issues. Motion: Authorize the Mayor to sign the attached Release and Settlement Agreement and authorize the City Manager to pay Jacksonville the amounts due upon this agreement being fully executed by both parties. Moved by Woods, Seconded by Hill Motion: Amend to send the Release and Settlement Agreement to the City of Jacksonville first and have them execute it and then return it to us for our execution and dissemination of payment. Moved by Mark, Seconded by Hill Discussion ensued. Mr. Van Liere stated procedurally there is no problem with waiting on Jacksonville to go first. He stated in negotiations they worked hard to push this through and he thought it helped us to show them that we were willing to go first and get this taken care of and it puts pressure on them to follow up and execute it. Further discussion ensued. City Attorney Komando stated this item is on the City of Jacksonville's agenda tomorrow. He stated it is under introduction of new ordinance and is on first reading. Discussion ensued. Commissioner Mark withdrew her amendment; Mayor Woods withdrew her motion. Motion: Defer the authorization of the Release and Settlement Agreement until the February 9, 2015 Commission Meeting. January 26,2015 REGULAR COMMISSION MEETING Page 5 Moved by Mark, Seconded by Daugherty Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 1 -Beckenbach MOTION CARRIED Commissioner Beckenbach asked the City Manager if there will be a summary on the tipping fees in the near future. Mr. Van Liere asked if he was referring to the consultant's report. Commissioner Beckenbach stated yes. Mr. Van Liere explained in 2012 the City commissioned Mid-Atlantic Solid Waste Consultants to a study and paid $18,900, which was a joint study with Atlantic Beach and Neptune Beach. He stated that study was supposed to serve both cities' interests in helping resolve this. He stated the report has been kept confidential at the request of Neptune Beach because they believe their case is better served without that information being out in the public. He stated, out of respect for them we have honored that request, which is how it stands today. He stated City Attorney Komando has indicated that the contents of the report support our position on this settlement agreement. Commissioner Beckenbach asked the City Attorney to elaborate on the report. Mr. Komando stated before he began working for the City it was claimed to be privileged according to preparation and anticipation of litigation and for him to describe what is in the report at that point is going to waive that privilege. He stated if it is the Commission's direction that they want to waive that privilege then they might as well just release the report. Commissioner Beckenbach asked if he has spoken to Neptune Beach about us releasing the report. Mr. Komando stated he left them a message indicating it could be a topic of discussion for tonight but has not heard back from their counsel. Discussion ensued. It was the consensus of the Commission to move forward with the negotiated agreement in the current form. 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 Monthly Building Department Report for December 2014. B. Authorize the City Manager to execute the CDBG agreement with the City of Jacksonville accepting these funds. C. Approve the award of resurfacing of the 11 listed streets to Hubbard Construction in the amount of$304,000 piggy-backing off Jacksonville's existing paving contract with Hubbard Construction(#6763-16). Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A,B & C as read. Moved by Daugherty, Seconded by Mark January 26,2015 REGULAR COMMISSION MEETING Pate 6 Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports Mayor Woods stated the Commission met with the Charter Review Committee tonight at a workshop and they submitted their report. The next workshop will be February 9 at 5:00 p.m. in the Chamber. 6. Action on Resolutions A. Resolution No. 15-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING POLICE OFFICERS AND FIREFIGHTERS; REQUESTING GOVERNOR SCOTT TO INVESTIGATE THE JACKSONVILLE POLICE AND FIRE PENSION FUND'S STABILITY AND SOLVENCY; PROVIDING FOR DIRECTION TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. This item was taken out of sequence and acted on earlier in the meeting. 7. Action on Ordinances A. Ordinance No. 90-15-223,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO AMEND CONDITIONS OF LOTS EXTENDING BETWEEN BEACH AVENUE AND OCEAN BOULEVARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read the Ordinance by title. Mayor Woods opened the Public Hearing. Richard Reichler, 2025 Beach Ave., stated at the last meeting he asked two specific questions of the Commission concerning this law change; both were completely, if not intentionally, ignored. He asked what citizen asked that this law be changed and what are the unintended consequences that Mr. Hubsch keeps talking about, but never identifies, with the prior law change. He stated since they did not answer these questions, he will answer them for the Commission. He stated Lindley Tolbert appears to be the answer to both questions. He stated she and one or two other property owners stand to immediately profit from this law change. He stated the Commission and staff bent over backwards to help Ms. Tolbert to violate several laws at another lot, 436 Beach Ave. He stated the unintended consequence Mr. Hubsch refers to is the prior law that this change reverses did not benefit Ms. Tolbert and perhaps a couple of her immediate neighbors. He stated this law change should be titled the Lindley Tolbert Appreciation Law, as they have fought very hard to insure not only that she be able to violate the City's laws at will, but they will work to change the laws to specifically benefit her. Mayor Woods stated he was overstepping the boundaries. She stated she is willing to listen to what he has to say but he is not allowed to make such derogatory accusations. Mr. Reichler apologized but stated these are facts and he is willing to discuss them at any time. Mayor Woods stated they are not facts. January 26,2015 REGULAR COMMISSION MEETING Page 7 Mr. Hubsch stated the Code they are going back to has been in place since 1940. He stated it was briefly changed last year in March and the Code change they are putting before them is to change it back to how it had been since 1940, so he doesn't see how that benefits anybody financially any more than it has since 1940. Mayor Woods stated that was the answer Mr. Reichler received at the last meeting as well. Mr. Hubsch stated Mr. Reichler is very good at muddying information but the facts are they are simply reverting it back to how it used to be. He stated his predecessor put this forward and he believes he didn't see the full consequences of it. He stated it has been vetted through the Community Development Board twice; they have discussed it numerous times. He stated he has put 20 different scenarios in front of them; this is the scenario they wanted. He stated this is the scenario that makes the most sense; it has operated that way since 1940 and that is why the Ordinance is before the Commission. Motion: Approve Ordinance No. 90-15-223 as read. Moved by Daugherty, Seconded by Mark Commissioner Hill stated he believes they made a mistake in attempting to do something that allows someone to switch their yard and he believes their intentions were completely honorable. He stated they immediately, thanks to Mr. Reichler, realized that it created other issues, but he doesn't know what else they can do other than go back and put it back the way it was because it is such a complex issue that anything beyond that creates another layer. He stated he had intended to meet with Mr. Reichler to understand what would be a resolution for him. He stated because of the nature of the issue and the specific nature of the accusations, could the City Attorney have a conversation with him because he believes there is possibly a communication breakdown with staff. He stated to staff, it is difficult not to get frustrated but he would ask staff to not become as frustrated with the citizen no matter how derogatory they are. He stated it is really important that they not get that frustrated with the language that just took place. He stated he doesn't want to make a big deal out of it but he doesn't want to accuse people of muddying the water no matter how much they do or don't; it doesn't matter. He stated he does want to understand what would be a resolution to this, if there is one that is at the table and Mr. Reichler may have a resolution. He stated he was under the impression this was the resolution he was shooting for at the first meeting and asked if he can bring him back to the podium and ask him in this public forum what a resolution would be. Mayor Woods stated no. Mr. Komando stated the Public Hearing would have to be reopened. Commissioner Hill asked if they can reopen it. Mayor Woods stated no, she stated if he wants to do that privately she would agree. She stated she believes that issue he is asking for a solution to is not on our agenda tonight and if he can come up with a clear desire he can bring it to the City Manager and if it is something that needs to come before the Commission,they can do that. She stated she wants to clarify that there were some permits that were issued that probably should not have been issued and that was the past administration and that administration is not here anymore. She stated she was on that Commission and she is on this Commission and neither Commission was compliant with that nor was the Community Development Board; it was solely administrative decisions that have brought this problem upon us. She stated we are working diligently to try to figure it out; it's a mess. She stated she welcomes any Commissioner to speak to Mr. Reichler and try to figure out what it is that he really thinks we can do and would further request that the City Manager diligently look at his request for Code Enforcement to look at this driveway. She stated the garage is closer to the street than it is supposed to be because permits were issued that shouldn't have been and then staff brought us the changes to this Code that we made to try to make it legal in retrospect. She stated that is when we found out that the garage was closer to the street then it was supposed to be and realized the changes to this ordinance would allow that kind of issue to reoccur, which is why we are changing it back to the way that it was. She stated tonight's question is do they approve changing the Code back to the original language. January 26,2015 REGULAR COMMISSION MEETING Page 8 Commissioner Beckenbach stated he really appreciates Mr. Reichler coming up. He stated they have talked about having a watchdog on a regular basis and he finds that Mr. Reichler is probably one of the best watchdogs we have as far as Code Enforcement. He stated he appreciates him paying attention to what is going on throughout the entire City and stated he thanked him very much. He stated as far as this item, his preference is the 20' in the front and 20' in the back yards and would like to remain with this ordinance as it is. Commissioner Hill stated there were some specific variances made for individuals and if that was the case it wasn't by this Commission and he doesn't want to leave the public with a standing accusation that this Commission is currently making specific laws for specific individuals, nor does he believe our current staff is. Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 1 -Beckenbach MOTION CARRIED B. Ordinance No.20-15-129,Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015,AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read the ordinance by title. Motion: Defer Moved by Daugherty, Seconded by Hill Commissioner Mark asked if they shouldn't just go ahead with the first reading, since it has two readings. Mayor Woods stated that is right, then they will be finished with both at the next meeting. Commissioner Daugherty withdrew his motion and Commissioner Hill withdrew his motion. Motion: Approve Ordinance No. 20-15-129 as read. Moved by Mark, Seconded by Hill Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 - MOTION CARRIED 8. Miscellaneous Business(Discussion only) A. Beaches Town Center Wayfmding Signage. Mayor Woods stated this item is deferred. Commissioner Beckenbach stated they should put an app out instead of the signs. B. Seminole Road Improvements. January 26,2015 REGULAR COMMISSION MEETING Page 9 Director of Public Works Doug Layton summarized his staff report showing slides of the various options. He answered questions from the Commission. The Commission went through the features, stating what they do and don't want, as follows: Commissioner Daugherty Concurs with all of the recommendations Commissioner Mark No parking on Seminole Road 8"ped path on west side too wide; compromise to 6' sidewalk on both sides Street lighting on both sides of street Tree island only at beginning of Seminole/Atlantic Landscaping burdensome,wants to see native plants and natural grasses but no crepe myrtles Curbing handled by engineer Raised crosswalks at intersections Mayor Woods reiterated they need to decide on the Curbs, Landscaping, Lighting, Ped Path and Parking. Mr. Layton stated he needs a decision on the following: Decide to build or not Bioswales or pond required for stormwater if project is done Curbing, choose standing or Miami Parking has been minimized to 5 spots per block, but can go to no parking Swale landscaping,plantings or grass 8 ft. ped path improves safety 4 inch raised crosswalks Street lights—currently designed for just ped path Oak islands Wider driveways 3x3 cart pads Commissioner Hill No on-street parking No curbs, only ribbon curbs Don't plant anything more than 3 1/2 ft . tall unless a single trunk Crosswalks good idea No oaks in middle of street Bike path, either 6' or 8' Commissioner Mark Doesn't think they should shelve project. Commissioner Beckenbach Wants to see project go forward. Likes 8 ft bike path, bioswales Curbs okay Eliminate parking January 26,2015 REGULAR COMMISSION MEETING Page 10 Raised crosswalks Street lights whatever available Likes island in center, but would like to have Chief Deal report if there may be a problem. Discussion ensued about the curbs. Mayor Woods stated what she believes she has heard as consensus was to have curbs, landscaping, island(s), raised crosswalks, minimized driveway apron, crepe myrtles, 8 ft. ped path, no pad for garbage cans, and keep lighting. Commissioner Mark stated she does not agree to three islands going down Seminole, only at beginning at Atlantic. Commissioner Daugherty No parking 8 ft. bike path Raised crosswalk Raised curbs Lighting Mr. Layton stated the consensus he heard was no parking, no trash cart pads, one island and everything else according to recommended current design. He stated he is planning to go forward according to consensus. Mayor Woods asked if they are going to consider the lines crossing the road. Mr. Layton stated, no, it is not in the budget. Discussion ensued. Mayor Woods asked Mr. Van Liere to report back at next meeting how many lines cross the street. Commissioner Mark stated its more than just burying the lines under the ground; you have to put in transformers, run the lines to the houses, etc. 9. City Manager A. City Manager's Report. • 90-Day Calendar(February- April 2015) Mr. Van Liere reported that Russell Caffey started today as the new Finance Director. Stated the Roberts Street ditch will break ground in 2-3 weeks. Stated the bids for the Marsh Master Plan came in severely over budget, so staff will need to either check with the grantor on scaling back the project or decide to not do the project. Stated the Salt Air bids came in a little over budget but are doable. Reported they will open bids on Wednesday for Francis St. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Komando • Opposing counsel for the variance appeal that was scheduled for February 9 asked for the hearing to be continued to the Commission meeting on March 23. He stated his recommendation is to permit this rescheduling. He stated if it was alright with the Commission he would ask Donna to put it on the calendar for March 23 at 5:00 p.m. Mayor Woods stated he had consensus for that. January 26,2015 REGULAR COMMISSION MEETING Page 11 City Clerk Bartle • Stated although they already approved the minutes, she wanted to point out a change that was made. She stated the draft minutes had incorrectly listed Commissioner Beckenbach as giving the invocation,but this will be changed to Mayor Woods. Mayor Woods • Stated she does appreciate the help Mr. Reichler is trying to give us but the Commission does have a policy that they will not tolerate false accusations and/or personal attacks against anyone. • Reported that Jacksonville Beach put up a sign that says it is State law to yield to pedestrians in crosswalks and wants consensus to put some up here. It was consensus of the Commission to do so. • Stated she won't be here for the Visioning meeting. • Announced she will attend the following: February 4, Beaches Watch Annual Mayors Talk; February 6, Welcoming in the Florida State College President; February 10, will be a judge at the Mayport Middle History Fair; and February 12, Beaches Chamber Mayors Luncheon. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:05 p.m. • Carolyn Wood , ATTEST: Mayor/Presiding Officer Afrnit,(S14‘4.7& Donna L. Bartle, CMC City Clerk ATTACHMENT A FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Hill James Kelly Atlantic Beach City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 372 7th Street WHICH I SERVE IS A UNIT OF: CITY COUNTY (f CITY Li COUNTY ❑OTHER LOCAL AGENCY Atlantic Beach Duval NAME OF POLITICAL SUBDIVISION: Commissioner DATE ON WHICH VOTE OCCURRED MY POSITION IS 01/26/15 d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority,or committee.It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss.Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST James K Hill hereby disclose that on January 26, 20 15 (a)/A measure came or will come before my agency which(check one or more) V inured to my special private gain or loss; • inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: The City of Atlantic Beach passed a measure supporting an investigation into a pension fund of the City of Jacksonville by the State. I am a recipient of a pension in this fund as a result of my 28 years of service as a firefighter. I am not sure if this is a necessary disclosure and due to the unclear aspect of that question I recuse myself from the vote with no effect on the out come of the vote. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. January 27,2015 �'7#r Date Filed Si. ure NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.31 , A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.