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9-14-15 MINUTES REGULAR CITY COMMISSION MEETING September 14, 2015 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Commissioner Jonathan Daugherty (arrived at 6:45) City Attorney Richard Komando Commissioner Jimmy Hill City Clerk Donna L. Bartle Commissioner Maria Mark Recording Secretary Nancy E. Bailey ABSENT: Commissioner Mark Beckenbach Call to Order/Pledge: Mayor Woods called the meeting to order at 6:31 p.m. Commissioner Mark expressed condolences to Mayor Woods and her family on the recent passing of her mother. She then gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mr. Van Liere reported that Public Works Director Doug Layton has received special recognition as a Public Works Leadership Fellow from the Donald C. Stone Center for Leadership and Excellence, which the Mayor read and presented to him. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of August 24, 2015. B. Approve the minutes of the Commission Budget Meeting of August 12, 2015. C. Approve the minutes of the Commission Budget Meeting of August 17, 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. Commissioner Maria Mark stated she wanted to publicly apologize to the Commission, the citizens and Ms. Lawhun for the unfortunate incident that occurred after the election. She thanked her family, friends and supporters for their words of support and encouragement. She stated she regrets that the incident happened the way it did and that it has risen to the level that it has, but we all make mistakes. She stated she truly is sorry for what happened and hopes that they will find forgiveness in their heart for her for making that error in judgment. Tom Larson, 887 Marshside Court,Jacksonville Beach, stated he represents the North Florida Land Trust. He addressed Bennett's Landing, stating the prospect of Atlantic Beach providing additional access to the marsh and supporting that neighborhood with an addition to open space and recreational space is a very good idea. He stated the Land Trust holds the conservation easement over the River Branch Preserve and they look forward to working with the City as it continues to develop the Marsh Master Plan and future recreational facilities in that area. September 14,2015 REGULAR COMMISSION MEETING Page 2 Cheryl Vonn, 1209 W. Plaza, stated she supports the proposal to buy the Bennett property at 280 Camelia to expand access to Tideviews. John November, 271 East Coast Drive, spoke in support of the Bennett property purchase stating if they don't approve the contract for the short sale it is likely they will lose it to a developer. He stated it is important that the City take care of its residents in that neighborhood and spend some money on the west side of Atlantic Beach to create an important access on that side of the property. He stated he hopes the Commission moves forward with getting this contract signed tonight, with the knowledge that they still have to get the bank's approval and then it will come back to the Commission again for approval in the future. Mitch Reeves, 1663 Sea Oats Drive, spoke in opposition to the purchase of the Bennett property. He stated this comes out of the 2015-2016 budget and a new Commission is coming on board November 9 and asked that they leave this decision to the new Commission coming in. He further gave his condolences to the Mayor for the loss of her mother. Maureen Shaughnessy, 361 Main St., spoke in support of the purchase of the Bennett property to have an access to the park. David Harmer, 364 W. 3rd St., stated he would like to see a plan for the park if they purchase the property. He further stated he is a proud member of Atlantic Beach, not"that"community. Suzanne Barker, 1938 Beachside Ct., thanked Mayor Woods and Commissioner Mark for their outstanding stewardship for our seaside community and tireless efforts in getting Atlantic Beach in the right direction. She also spoke in support of the Bennett property purchase. She further spoke in support of the resolution banning statewide fracking and encouraged the Commission to pass it. John Stinson, 150 12th Street, stated he has spent about 34 years in oil and gas and believes they are going out of their scope of responsibility on the fracking issue. Lou Keith, 1845 Tierra Verde Drive, addressed the budget and the $300,000+ overrun for the police building project, asking how can they take on a project without a contingency. He stated this is not the time to buy the Bennett property. Christina Austin, 259 Jasmine Street, spoke in support of the purchase of the Bennett property. She stated she believes these things build value in the homes in the area. Phillip Poole, 131 Jasmine Street, spoke in support of acquiring the Bennett property but stated they need more police presence in the area of the park. He related some of the past problems in the park. He stated he would also like to see a plan of what they are going to do with the property. Travis Stratmann, 12225 High Laurel Drive, President of ABAA, asked that they approve the contract with ABAA so they can continue to move forward. Dan Hurley, 310 Camelia Street, stated he is on the fence about the City purchasing the Bennett property. He would like to see a plan of what they will do with the property and asked who is going to care for it. Johnny Sparks, 2022 Lake View, addressed some documents he brought with him stating he can't have international documents and treaties interfering with the constitutional operation of the United States of America. September 14,2015 REGULAR COMMISSION MEETING Page 3 Chris Jorgensen, 92 W. 3`d St.,thanked Mitch Reeves and John Stinson for their victories. He also thanked the Police Chief for their Facebook; addressed the radio interview of Commissioner Mark; called for Commissioner Mark's resignation; and addressed the sea level rising. Diana Townsend, 266 Poinsettia St., thanked the Commission for their work on the HRO, saving our beaches and the Mayport Corridor. She spoke in favor of buying the Bennett property, stating it will be invaluable for everyone. Mike Grunik, 2051 Vela Norte Circle, stated if they want to have a consensus agree with them and their views they should use more persuasion and less intimidation. He stated logic should always dictate a decision that affects a community, instead they have allowed emotions to take its place. He stated being denied the right to place an amendment before a vote by its citizens is clearly a violation of our bill of rights. A community is supposed to look up to its elected officials and expect them to serve and protect their constituents, instead some desire to change the City from the outside in. He stated recent events have given proof that some cannot handle losing an election; some elected officials have let their positions go to their head and they need to realize they are no different now than when they entered into office and they are just like us. He stated they should be above reproach, held accountable for their actions and be careful not to expose themselves to emotional outbursts during any confrontations. He stated he doesn't point a finger at anyone who stumbles and falls as long as they realize their mistake and try to make amends with those they have confronted in a retaliatory response. He stated this is an embarrassment to any community and if the individuals fail to resolve the issue then immediate resignation should be implemented. Finishing a lame duck term would be nothing less than a conflict of interest. Chris Wadelton, 600 Ponte Vedra Blvd, #403, Ponte Vedra Beach, Supervisor - St Johns Co. Soil and Water Board, reported on an oil spill issue in Santa Barbara, California and spoke in opposition to fracking and in support of the resolution banning fracking in the State of Florida. Brittany Norris, 1183 Violet St., encouraged the Commission to think positively on the purchase of the Bennett property. Lorraine Smith, 112 Poinsettia St., spoke in support of Commissioner Mark, stating one incident in someone's life does not define the good they have done or the good they will continue to do. She stated she finds it very difficult for someone to be so critical when we are all human beings and we all make mistakes. John Debus, 2038 Wyndham Hollow Court, Jacksonville, addressed the fracking issue stating he is not anti-gas or oil but he is pro-drinking water. He stated he supports the resolution to ban fracking. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Mayor Woods stated she has spent most of the summer being maliciously and intentionally slandered by an opponent who professed to be running on respect and inclusiveness. She stated in great contrast she spent the last two weeks watching her mother die and grieving with a large, loving and caring family. She stated the loving embrace, even filled with the grief, is preferable to the acrimonious hatred that some feel the need to propagate and which only serves to divide us as a community. She stated this spiteful behavior is a great disrespect and a waste of the special gift of life that God has given to all of us. She stated her God is a kind, loving, forgiving and accepting God; he speaks to her of helping others and leads her to show care and compassion to all. She stated as far as this personal dispute is concerned, she is convinced that both sides are September 14,2015 REGULAR COMMISSION MEETING Pane 4 at fault; neither side can claim a higher moral ground nor is there anything to be gained by festering this issue. She stated she is quite ashamed by the whole thing. 3. Unfinished Business from Previous Meetings A. Public Hearing - Use-by-exception to permit on premises consumption of alcoholic beverages within the Commercial General (CG) Zoning District at 28 Sherry Drive (15-UBEX 1042). Jeremy Hubsch summarized the use-by-exception stating, at the last meeting, the Commission wanted to add another condition that alcohol must be purchased by room keys of hotel guests to ensure outside users wouldn't come in and turn this into an open bar type atmosphere. He stated staff recommends approval with the conditions. Motion: Approve the Use-By-Exception 15-UBEX-1042 with conditions that: (1) Hours of sale be stopped at 10:00 pm Sunday-Thursday and 11:00 pm Friday and Saturday; (2) The maximum number of people in the lounge area be limited to 35; (3) That sales be limited to beer and wine only and (4) Alcohol must be purchased by room keys of hotel guests. Moved by Mark, Seconded by Daugherty Mayor Woods opened the Public Hearing. Susan Green Fairbaren, 711 Paradise Lane, stated she was the first resident General Manager at the newly renovated Palms Hotel and this was a very popular request of their guests. She stated she highly supports this and recommends the Commission support it. No one else from the audience spoke so Mayor Woods closed the Public Hearing. Mr. Hubsch answered questions from Commissioner Daugherty about amplified music. Commissioner Daugherty stated he would like to add another condition to have no amplified music after 10:00. Motion: Amend to insert"and amplified music" after the words "Hours of sale" in condition (1). Moved by Daugherty, Seconded by Mark Votes: Aye: 4—Daugherty,Hill, Mark,Woods Nay: 0 MOTION CARRIED Mayor Wood called for a vote on the use-by-exception. Votes: Aye: 4—Daugherty, Hill,Mark,Woods Nay: 0 MOTION CARRIED B. Public Hearing - Request for a Height Waiver at 1089 Atlantic Boulevard. Mr. Hubsch explained the request for the height waiver showing a slide of the sight line. September 14,2015 REGULAR COMMISSION MEETING Pace 5 Motion: Approve the Height Waiver at 1089 Atlantic Boulevard. Moved by Daugherty, Seconded by Hill Mayor Woods opened the Public Hearing. Mike Whalen, 1420 Mayport Road, asked if they are still going to maintain an area for small businesses or will it just be total storage. He stated they need all the opportunities for small businesses on the business corridor they have and that is a fine place they have and he noticed they are going to take that part of it out. No one from the audience spoke so Mayor Woods closed the Public Hearing. Commissioner Hill stated he shares the citizen's concern but believes the property owner can do what they need to do with their property to make their property work for them, as long as they are within our rules. Randall Whitfield, 7880 Gate Parkway, Jacksonville, stated they will still have some spaces for small businesses. Votes: Aye: 4—Daugherty,Hill, Mark,Woods Nay: 0 MOTION CARRIED C. Short Sale and Purchase Agreement for 280 Camelia Street, Bennett Property. City Manager Nelson Van Liere stated an appraisal, a proposed short sale and purchase agreement, and petitions are in the agenda packet and it is proposed for the Commission to discuss whether they want to move forward with the acquisition of the land. He stated if they choose to do that it will be followed in the future by a budget ordinance to fund it. Motion: Authorize the City Attorney and City Manager to proceed with the necessary purchase offer for 280 Camelia Street and propose a mid-year budget ordinance to fund the contract for specified amount to be determined at closing. Moved by Daugherty, Seconded by Mark Commissioner Daugherty stated this opens up the base of Tideviews Park to the neighborhood. He explained this will be an access to the marsh views, ponds and walking trails, etc. He stated like the rest of Tideviews it will close at dark. He further explained the short sale agreement. Commissioner Hill stated he doesn't believe this is a park but rather an entrance to a park. He stated he believes they should make it a residence where a police officer could live. He stated he doesn't want to buy it, call it a park and leave it like it is because the park still won't be safe. He stated they have to commit to do something to that whole facility to make it more usable. He asked that they don't limit their uses and leave that property very flexible until they figure out what it is. Commissioner Mark stated they could just call it green space for now and she believes in preserving green space and supports purchasing the property. Mayor Woods stated the community as a whole will benefit from this for centuries to come. Further discussion ensued. September 14,2015 REGULAR COMMISSION MEETING Page 6 Mr. Van Liere stated the proposal was to spend unrestricted General Fund funds; right now the Half-Cent Sales Tax money is tied up in the current proposed budget. Votes: Aye: 4—Daugherty,Hill,Mark, Woods Nay: 0 MOTION CARRIED 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 Public Works Status Report as of August 28, 2015. B. Approve the contracts with the organizations providing recreation programs at City facilities and authorize the City Manager to sign the contracts with ABET, ABAA, and tennis professional Brecht Catalan. C. Extend the street sweeping contract to USA Services Florida, Inc. for one year at the current prices, term being November 1, 2015 thru October 31, 2016 (Bid No. 1213-01). D. Extend the annual contract for janitorial services for City facilities to Supreme Janitorial Service for one year at the current prices (Bid No. 1213-06). E. Extend the annual contract for landscape maintenance of Atlantic Blvd. Medians, Town Center, Mayport Rd. Flyover Areas, Mayport Road Medians, City Parks and Common Areas to R&D Landscape& Irrigation, Inc. for one year at the current prices (Bid No. 1011-24). F. Approve the Fifth revised Interlocal Agreement among the City of Jacksonville, City of Atlantic Beach, City of Jacksonville Beach, City of Neptune Beach and the Commander, U.S. Naval Station Mayport, U.S. Navy for Conduct of the Sea and Sky Spectacular and authorize the City Manager to sign the agreement. Mayor Woods read the Consent Agenda. Commissioner Hill pulled Items C & E. Motion: Approve Consent Agenda Items A, B,D and F as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED Commissioner Hill stated, related to Item C, he is not seeing that our streets are being swept. He asked for a breakdown of what they are actually sweeping. September 14,2015 REGULAR COMMISSION MEETING Page 7 Related to Item E, Commissioner Hill stated he is concerned about the liability the City carries with the maintenance crews working in the medians and he wants to enhance the protection for the workers on Atlantic Blvd. and Mayport Rd., in particular. He asked if they can talk to the contractor directly without stalling the process. Mr. Layton stated he will talk to the contractor. Discussion ensued. Commissioner Daugherty stated he wants staff to give more notice for the renewal of contracts so they will have time to address issues if they come up. Further discussion ensued. Motion: Approve Consent Agenda Item C and defer Item E to the next meeting. Moved by Daugherty, Seconded by Hill Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Public Hearings and First Reading on Adoption of a Tentative Millage Rate and Ordinance No. 20-15-132 establishing the Operating Budget for fiscal year 2015/2016. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,2015 AND ENDING SEPTEMBER 30, 2016. Mayor Woods stated the first item to be considered is the Adoption of a Tentative Millage Rate. She stated the Millage Rate is 3.3285; the Tentative Millage Rate is 3.3285; the Roll-back Rate is 3.1567; and the Tentative Millage Rate is 5.44%more than the Roll-back Rate. She stated the purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion: Adopt a Tentative Millage Rate for operating purposes of 3.3285. Moved by Mark, Seconded by Hill Mayor Woods opened the Public Hearing. Johnny Sparks, 2022 Lake View, stated you guys are raising taxes and spending money like drunk sailors and stated he wants to know if this is matching grant funds from the internationals you are spending on parks and recreation and then turning around and raising the millage rate. No one from the audience spoke so Mayor Woods closed the Public Hearing. September 14,2015 REGULAR COMMISSION MEETING Page 8 Commissioner Daugherty stated property values have gone up and he believes we should roll the rate back to 3.1567. Mayor Woods stated you have to reinvest in the community and maybe next year is the time. Commissioner Hill stated he agrees with the Mayor and he is nervous to lower taxes at this time. Commissioner Mark asked what the savings would be, per household, if they adopted the roll-back rate. Mr. Van Liere stated the roll-back rate is .17 mils less than our current rate, explaining 1 mil is $1 per thousand in value. Mayor Woods stated on $100,000 that would be about $10. Mr. Van Liere stated to go with the roll- back rate would cost the City$224,000. Discussion ensued. Votes: Aye: 3—Hill,Mark,Woods Nay: 1 -Daugherty MOTION CARRIED Mayor Woods stated the second item to be considered is Ordinance No. 20-15-132 establishing the Operating Budget for fiscal year 2015/2016 of$33,059,201. Motion: Adopt Ordinance No. 20-15-132 establishing the Operating Budget for fiscal year 2015/2016 . Moved by Mark, Seconded by Hill Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Commissioner Hill stated he believes it is a good budget and they can work with it. Votes: Aye: 4—Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 2349 W. Ocean Forest Drive. Mr. Layton explained the request for a waiver for a circular driveway showing a slide of the proposed driveway. Mark Tumeo, the owner, explained why backing out of their driveway is unsafe. He answered questions from the Commission. Commissioner Hill asked if they should look at changing the Code to allow a circular drive when the conditions are right for it so they don't have to keep doing use-by-exceptions. Mayor Woods stated she would like to move this to the Community Development Board to have them look at the Code and come up with a better system than each of these having to come before the Commission. It was the consensus of the Commission to move this forward to the next agenda for action. B. Renewal of Liability and Workers' Compensation Insurance. September 14,2015 REGULAR COMMISSION MEETING Pane 9 Director of Human Resources Cathy Berry stated the rate stayed the same on our general liability coverages as well as our Workers' Comp coverage, which went down$5. She stated her recommendation is to approve renewal of all the Liability and Workers' Comp insurances and authorize the City Manager to sign the renewal documents. It was the consensus of the Commission to move this forward to the next agenda for action. C. LIUNA Local 630"Blue Collar"Union Contract extension. Ms. Berry stated the 3-year contract was up this year but with Commission approval they have agreed to extend it for one year, except for wages and then negotiate a new contract next year for a 2-year term which will keep it on the same 3-year calendar. It was the consensus of the Commission to move this forward to the next agenda for action. D. Coastal Florida PBA Negotiations 2015-2018 Contract. Ms. Berry stated they negotiated with the PBA to come up with a new 3-year contract. She explained the changes. It was the consensus of the Commission to move this forward to the next agenda for action. Ms. Berry stated our employee Health Fair is next Thursday, September 24, and she hopes to see the Commission there. E. Ordinance Banning the Retail Sale of Dogs and Cats. Commissioner Mark explained recently the City of Jacksonville Beach approved an ordinance outlawing the sale of puppies and kitties which come from Puppy/Kitty Mills and she was asked to bring this before the Commission to see if this is something they would want to enact an ordinance for. She stated since we do not have those businesses in our City now, this would be the time to enact an ordinance, particularly with the redevelopment planning for Mayport Road. She asked if there is consensus in passing a similar ordinance for the City of Atlantic Beach. Discussion ensued. There was no consensus of the Commission to move this forward to the next agenda. F. Proposed Resolution on Banning Fracking Statewide. Commissioner Mark explained the proposed resolution. Discussion ensued. Commissioner Mark suggested that they bring this back again for discussion and then the Commission can do research on the fracking issue before it comes back. It was the consensus of the Commission to keep this on the next agenda under Miscellaneous Business for further discussion. September 14,2015 REGULAR COMMISSION MEETING Pace 10 G. Appeal of Variance for Relief from Sections 24-64 and 24-88 (b), granted July 21, 2015. Mr. Komando explained the appeal and stated this is to set a date to hear the appeal. Mayor Woods recommended hearing the appeal before the next meeting on September 28. Discussion ensued. Saswata and Anjna Roy,90 Ocean Blvd., stated this is an evidentiary meeting and one of the key pieces of evidence is a report and they explained that the expert who generated the report is not available on the 28th. Commissioner Hill stated they need to expedite the meeting and it should not be relevant to any external issues; no one should be looking at a calendar other than the set meetings. He stated when there is a conflict between two parties, they shouldn't allow that to be a leverage point because it can add to the conflict. He explained what the Commission does is try to make it the very first available meeting that they are going to meet already and if they start looking at calendars it will end up like a regular court proceeding where lawyers use dates to agonize their opponent. He stated he would like to set the date for the next meeting and whoever can be there will be there and they will look at whatever evidence shows up and make a decision based on that. Mayor Woods stated there is information they should all be knowledgeable about before they get together for this meeting; otherwise they will not have time to move through it all. Mr. Komando stated the appeal is included as part of the agenda packet tonight along with the order granting variance. He stated the information made available to the Community Development Board will be made available to the Commission and they can also view the video of the discussion on line as well. It was the consensus of the Commission to hear this appeal at 5:00 on September 28. 9. City Manager A. City Manager's Report. • 90-Day Calendar(August through October 2015) City Manager Van Liere showed slides of the kayak launch and recently completed overlook at W. 6th Street. Announced that the Board Member Reception will be held on October 1 at Adele Grage and the Town Hall Meeting will be held on October 3 in the Chamber to show the Seminole Rd. project plans. He stated he was questioned about whether we do still contribute to Dial-A-Ride and he wanted to let them know that we do and it is in the budget for next year. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • Apologized for being late. • Commended Commissioner Mark for her apology tonight. • Thanked Cathy Berry for organizing the Health Fairs. • Stated he was pleased to see the pictures of the kayak launch. • Expressed his condolences to Mayor Woods for the loss of her mother. City Clerk Bartle • Expressed her condolences to Mayor Woods. September 14,2015 REGULAR COMMISSION MEETING Page 11 Commissioner Mark • Thanked Commissioner Daugherty for his sentiment. • Announced MarshFest is being held Saturday,November 7, from 10-3 at Dutton Islam:. Commissioner Hill • Reported on a 9/11 ceremony at the Atlantic Beach Elementary School that he attended. • Because of the Sunshine Law, the Commission needs a system to officially learn about tragedies that may happen within the Commission in order to do the proper procedural things. He asked that the City Clerk notify them of these type things if she knows of them. • Thanked staff for the budget work. • Stated all of his thoughts are with the Mayor. City Attorney Komando • Expressed condolences to Mayor Woods from himself and his firm. • Asked that the Commission remember they will be required to disclose any ex parte discussions they may have before the appeal hearing. Cathy Berry reminded the Commission that their evaluations are due. Mayor Woods • Stated she appreciates everyone's efforts on the long-term planning. • She also stated she appreciates everyone's condolences. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:28 p.m. ATTEST: /'' ' ' ", 4417n f&I).&e, Carolyn Woo�� Ma or/Presidin Officer Y g Donna L. Bartle, CMC City Clerk