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9-28-15 MINUTES REGULAR CITY COMMISSION MEETING September 28, 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 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 6:32 p.m. Commissioner Hill led the Invocation, followed by the Pledge of Allegiance to the Flag. Public Hearings on Final Millage and Operating Budget A. Public Hearing on adopting Resolution No. 15-08 for the Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. Mayor Woods explained the first item to be considered is the Adoption of the Millage Rate by Resolution No. 15-08, stating the Tentative Millage Rate is 3.3285; the Roll-back Rate is 3.1567; and the Tentative Millage Rate is 5.44%higher 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 the estimated cost and to continue to maintain the City's infrastructure. Motion: Approve Resolution No. 15-08 Adopting a Final Millage Rate for operating purposes of 3.3285. Moved by Mark, Seconded by Hill Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED B. Public Hearings and Final Reading on Adopting 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. September 28,2015 REGULAR COMMISSION MEETING Page 2 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. She stated she needs a motion to adopt Ordinance No. 20- 15-132 establishing the Operating Budget for fiscal year 2015/2016. 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. Votes: Aye: 5—Beckenbach, Daugherty, Hill, Mark,Woods Nay: 0 MOTION CARRIED 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of September 14, 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. It was consensus of the Commission to allow 3 minutes per person, Susanne Barker, 1938 Beachside Court, spoke in favor of the fracking resolution. Tony Torgerud, 55 10th St., stated due to the traffic at the Cloister on 10th St. he is in favor of opening the gate. Kevin Cebeck, 10 10th St., #58, stated he has heard there is a document that states they are only supposed to have one entrance and exit to the Cloister and asked that they consider which entrance to the Cloister they can use. John Debus,2038 Wyndham Hollow Court,Jacksonville, spoke in favor of the fracking resolution. Lorelle Weil, 10 10th St.,#52, spoke in favor of opening the south gate at the Cloister. Ron McBride, 10 10th St.,#E-27, spoke in favor of opening the gate at the Cloister. Chris Wadelton, 600 Ponte Vedra Blvd, Ponte Vedra Beach, distributed information on fracking and a sample State resolution on banning fracking and asked that the Commission support this resolution. Courtney Fernandez,890 Beach Avenue, spoke against the gate being opened at the Cloister. Judy Cebeck, 10 10th St.,#58, spoke in favor of opening the south gate at the Cloister. September 28,2015 REGULAR COMMISSION MEETING Page 3 Mary Ulrich, 151 Club Drive, stated emergency vehicles do have access through the south gate at the Cloister. Lisa Herrold,659 Sherry Dr., spoke in favor of opening the Cloister gate. David Reed, 812 Ocean Blvd., spoke against opening the Cloister gate and addressed bikes not stopping at stop signs. Joan Toney,885 Beach Ave., spoke against opening the south Cloister gate. Popeye Fontaine, 314 Sargo Rd., addressed parking on Cavalla Road and the abandoned building at Royal Palms and Atlantic asking if anything is going to be done about it. Chris Jorgensen,92 W. 3rd St.,addressed the town house variance, stated fracking should be handled by the State government, spoke in favor of sonic blasting, stated Bennett property is a good buy, thanked the Commission for the Freedom Fountain plaque, and a hole on Mayport Rd. is opening up again. Bob Hines,880 Beach Avenue, spoke against the gate being opened at the Cloister. Butch Toney, 885 Beach Avenue, stated he is neither against nor for opening the gate; he would like to sit down with somebody from the City and the Cloister and work this out. Brogan Taylor,321 10th St., spoke in favor of opening the gate to the Cloister. John Mahler, 190 Club Dr., spoke against opening the gate to the Cloister. Alan Gleit, 10 10th St.,#32,spoke in favor of opening the gate to the Cloister. John November, 271 East Coast Dr., thanked the Commission for their vote on the Bennett property. He explained the short sale agreement will require a realtor for the seller. He stated they have gotten a realtor who lives here in Atlantic Beach who has agreed to take the nominal fee of$500 as the seller's agent in order to move this deal forward. He stated that does not affect the City's cost. He stated the City Manager will need to execute the purchase and sale agreement with an amendment stating there will be a listing agent. Jeff Roskein,849 East Coast Dr., spoke against opening the south gate at the Cloister. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Item 8C was taken out of sequence and acted on at this time. 8C. 10th Street Parking. Public Works Director Doug Layton stated the City did a parking study on 10th Street and presented slides of the 10th Street parking explaining the issues with the parking and possible solutions. Mayor Woods stated they need to have a way for cars to turn around when they find no parking space. Commissioner Daugherty stated he is against doing anything that loses any parking spaces. Commissioner Hill suggested leaving the angled parking and make one for turn-around with a Low Speed Vehicle space. Commissioner Mark asked if they could reverse the angled parking. Mr. Layton stated it is too tight to do that. Mayor Woods stated she would like to give staff direction to continue to work on a solution. September 28,2015 REGULAR COMMISSION MEETING Page 4 It was the consensus of the Commission to move this forward to the next agenda for further discussion. Item 8B was taken out of sequence and acted on at this time. 8B. Cloister South Gate Opening. Mr. Van Liere gave the background of the Cloister's gate opening request. Mr. Komando stated he is researching whether there are any additional restrictions when the conversions from the PUD took place. Discussion ensued. Mayor Wood stated there were citizens who wished to speak on this subject. Jeff Weil, 10 10th St., Unit 52, asked why is Atlantic Beach trying to take away the Cloister's right to access a public street that was approved 40 years ago when the Cloister was developed. He gave the background of the opening/closing of the south gate at the Cloister over the past 40 years. Meade Coplan, 10 10th St., #61-K, stated after the Cloister's owners voted the first time to allow the permanent usage of the south gate for traffic exiting the Cloister, she confirmed from Public Safety, Public Works and Permitting Officials that there were no public safety issues or concerns, and no permits required to activate the gate. She also gave a drawing to the Commission. Jeff Weil pointed out that the emergency access to the gate, which was automated, has been turned off since the City of Atlantic Beach requested them to shut down the gate and not open it. He reiterated they have been provided reports from both recent Police Chiefs stating there are no safety concerns with the permanent utilization of the south access for exiting vehicles. He stated they also provided a report from their traffic engineer recommending the change for safety reasons. He stated they will be installing this week all of the traffic control devices recommended by Chief Deal. He stated to relieve some of the long-time bottleneck, congestion and safety hazards from cars backing up through the stop sign at 10th St., the Cloister owners, after receiving approval from Atlantic Beach, have spent over $20,000 in the past year to help improve the pedestrian, bicycle and vehicle safety on the 10th St. access. He stated there are over 200 households within one block of the north gate and are probably 30 households within a block of the south gate, five to seven directly affected. He stated attempts to deny and restrict access which was approved and permitted over 40 years ago would be very unfair and indeed troubling. Harry Ulrich, 151 Club Drive, presented the Commission with a petition of 250 signatures. He stated he doesn't believe they have properly addressed all the questions or had an opportunity to challenge assertions and believes there are too many unknowns to make an informed decision tonight. He stated they acknowledge the traffic concerns in their immediate neighborhood and believe there is a need for a comprehensive solution. He asked the Commission to defer any decision on the South gate until a study can be done to develop options, not single point solutions, and address the concerns of all the affected neighbors. He stated they are convinced they can sit down together with subject matter experts, professionals and traffic safety and traffic management, and they can bring the Commission a solution. He stated they ask for that opportunity. Discussion by the Commission ensued. Mr. Komando reiterated that he is still researching the PUD issue. He stated they could probably handle this with an SPA or something similar, like they did with the Habitat project and the Country Club. He stated it would probably be very much the same process as what occurred in the past. He stated since they are not going through that same process, we are in a different posture now than we were at that time of permitting and zoning. He stated he is looking to see if there is a continuation of the restrictions that were originally imposed as part of the PUD. September 28,2015 REGULAR COMMISSION MEETING Page 5 It was the consensus of the Commission to give staff direction to facilitate a meeting to discuss a solution. Mayor Woods recessed the meeting at 8:25 p.m. She reconvened the meeting at 8:33 p.m. 3. Unfmished Business from Previous Meetings A. Public Hearing - Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 2349 W. Ocean Forest Drive. Motion: Approve requested waiver to City Code Section 19-7 requirements for 2349 W. Ocean Forest Drive. Moved by Mark, Seconded by Daugherty Doug Layton explained the waiver. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED B. Public Hearing - 15-CGTA-1060 and 15-CGTA-1061- Amending the text of the Comprehensive Plan and Future Land Use Map related to Atlantic Beach Country Club Annexation. Jeremy Hubsch stated these are some Comprehensive Plan amendments required to meet Florida Statutory requirements related to the country club annexation. He summarized the amendment of the text stating it was to specifically put in the Interlocal Service Boundary Agreement and gave a slide presentation showing the area to be annexed and future land use map. Discussion ensued. Mr. Hubsch answered questions from the Commission. Mayor Woods asked if there is specific language that addresses the recreational easement. Mr. Komando stated the Future Land Use designation is not where you would record an easement or restriction. He stated the Future Land Use, as the Comprehensive Plan, guides division of if any development were to occur what those restrictions are then below that future land use designation, zoning has to comply with the Comprehensive Plan and be consistent with the goals, policies and objectives that are outlined by the City. He stated understanding that the zoning is the underlying part of the Future Land Use designation, that zoning is what is replaced by the SPA and those restrictions. Mr. Hubsch stated they could carve out the part that is the recreation easement. He stated that would take a while for them to map it and survey it but they could then map it out. Mr. Komando stated in order for that to ever change it would have to come back for a Comp Plan amendment before the Commission. He stated it couldn't be very easily changed. He stated he and Mr. Hubsch would have to get together and do that. Mr. Hubsch stated it will delay the process but if they want them to do that they can. Mr. Komando stated now would be the time since they are sending this information to the Department of Economic Opportunity and they have to provide feedback/comments to us before we submit and the ordinance is approved by the Commission so if there are changes they don't want to do it after they have already provided comment. Mr. Komando stated they will get it on the Community Development Board's next meeting of October 20 so it will come back before the Commission the last meeting in October. September 28,2015 REGULAR COMMISSION MEETING Pare 6 It was the consensus of the Commission to have staff bring this back. C. Renewal of Liability and Workers' Compensation Insurance. Human Resources Director Cathy Berry explained the renewal stating her recommendation is to approve all of them and authorize the City Manager to sign the renewal documents. Motion: Approve renewal of all liability and workers' compensation insurances for the next year and authorize the City Manager to sign related insurance renewal documents. Moved by Mark, Seconded by Beckenbach Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED D. LIUNA Local 630 "Blue Collar"Union Contract extension. Ms. Berry explained the extension stating her recommendation is to approve extension of the current contract for another year and then start after October 1 renegotiating a new 2-year contract. Motion: Authorize the City Manager to sign the attached agreement to extend the current LIUNA Local 630 "Blue Collar" contract for one year, including the wage proposal. Moved by Mark, Seconded by Hill Commissioner Hill asked that staff invite the representative to concur so they know they are getting it from both sides and that the statements are accurate. Ms. Berry stated she did invite him and they did ratify this already. She stated this is just the final piece. Commissioner Daugherty asked why they didn't have a shade meeting for this. Ms. Berry stated on this one there wasn't anything to discuss and because we didn't have any issues with the contract, they thought this was a good compromise. Votes: Aye: 5—Beckenbach, Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED E. Coastal Florida PBA Negotiations 2015-2018 Contract. Ms. Berry explained they started from scratch on this contract and the City Attorney, City Manager and she were involved in the union negotiations. She stated they did discuss the need for a shade meeting. Mr. Komando further explained there was a significant amount of Commission direction that talked about putting together retention and recruiting policies which he believes the City Manager spoke individually to each of the Commissioners about as to what their direction was. He stated if there was a point where they felt like there wasn't unanimous direction for that is when they would have called the shade meeting. Commissioner Hill stated he agreed with Commissioner Daugherty that when there is a change in a contract there should be a mandatory shade meeting. September 28,2015 REGULAR COMMISSION MEETING Page 7 Motion: Authorize the Mayor to sign the attached three-year(2015-2018) agreement with the Union. Moved by Mark, Seconded by Hill Discussion ensued. Ms. Berry asked that they clarify whether they want shade meetings for the new three- year contracts or do they want it every year when they can open wages and one other article. Commissioner Daugherty stated he would like it every year. Commissioner Hill stated if there is a change of any significance they would like an opportunity to openly discuss it. City Manager Van Liere stated these were pending budget approval but they have already approved the budget earlier tonight. Mayor Woods stated since they are going to have a new Commission, they should probably check with them about the shade meetings. Votes: Aye: 5—Beckenbach,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. Declare list of property as surplus so that it may be disposed of in the most beneficial way to the City. B. Authorize the City Manager to enter into a new one-year agreement with Langton and Associates,with the same terms and conditions as contained in the current agreement. C. 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). Mayor Woods read the Consent Agenda. Commissioner Beckenbach pulled Item B. Motion: Approve Consent Agenda Items A, C as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 5—Beckenbach, Daugherty,Hill, Mark,Woods Nay: 0 MOTION CARRIED Commissioner Beckenbach stated they have spoken in the past about whether or not they were going to continue with this. He asked the City Manager what he felt was worthwhile with having the consultant this year. September 28,2015 REGULAR COMMISSION MEETING Pace 8 City Manager Van Liere explained all of the Department Heads are capable of doing grants and have customarily done them in the past. He stated Mr. Langton acts as a facilitator to help us decide which grants are best applied for and helps match up funding sources with our needs. He stated as they have gotten to know him better and he has gotten to know us better they believe it will pay off this year coming up. Michael Langton, 1300 Oak Haven Road, further explained our grant proceeds this year were $62,000, stating that was with a lot of cooperation from staff. He stated you have to go through a lengthy process of understanding the needs of the local government in terms of needs assessment and creating a calendar of grants they want to pursue. He stated they have narrowed it down to 12 different grants that they want to strategically approach this year and go after. He stated it is typical that you start a little slow but by the end of the second year you should be generating a few hundred thousand dollars and, if not,they should look at that. He stated he has taken over this contract, personally,to manage. Discussion ensued. Motion: Approve Consent Agenda Item B as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. 8. Miscellaneous Business (Discussion only) A. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 1822 Seminole Road. Mayor Woods asked Doug Layton if they are starting the process to have the Community Development Board look at circular driveways. Mr. Layton stated he understands we are. Mr. Layton explained the waiver. He stated the applicant, Mr. Schmidt, was here tonight. He showed a slide of the original driveway and the new driveway. He stated the driveway was already built. It didn't have a permit and the City stopped it. He stated there was some confusion about it; the applicant thought they had a permit and moved forward and built it. He stated they wanted to bring it to the Commission to get it approved rather than have staff tell them to tear it out. September 28,2015 REGULAR COMMISSION MEETING Page 9 It was the consensus of the Commission to move this forward to the next agenda for action. Don Schmidt, 1822 Seminole Road, further clarified the issue with his permitting process. Discussion ensued. B. Cloister South Gate Opening. This item was taken out of sequence and acted on earlier in the meeting. C. 10th Street Parking. This item was taken out of sequence and acted on earlier in the meeting. D. Proposed Resolution on Banning Fracking Statewide. Commissioner Mark stated this was discussed at the last meeting but they had some Commissioners who had questions about it and wanted to do more investigation. Discussion ensued. It was the consensus of the Commission to move this forward to the next agenda for action. 9. City Manager A. City Manager's Report. • 90-Day Calendar(August through October 2015) Mr. Van Liere reported this Thursday is the Board/Committee Member Reception at Adele Grage at 6:30 p.m. He stated they are looking forward to getting started on the new budget and, on behalf of the employees, the raises included in this year's budget will be much appreciated. Mr. Van Liere asked Mr. November to give clarification on the issue with the purchase and sales contract so they can get a consensus on what it is he is expected to do. Mr.November stated at the last meeting there was a motion to authorize the City Attorney and City Manager to proceed with the necessary purchase offer for 280 Camelia St. He stated they want to keep the agreement the same; the only difference is that the seller is required to have a realtor in order to submit the documentation through Home Path. Mr. Komando stated any change to the contract, he advises should come back to the Commission. He stated the contract originally indicated there wouldn't be a real estate or broker involved; that is going to change to indicate that a real estate agent is involved and that person will be paid a fee of$500 for listing the property on MLS. He stated at that point the bank's requirement will be satisfied, but that doesn't automatically mean the bank will accept our offer. Discussion ensued. It was the consensus of the Commission to accept the change to the contract. 10. Reports and/or requests from City Commissioners and City Attorney September 28,2015 REGULAR COMMISSION MEETING Pate 10 Commissioner Hill • Stated he will not be here for the meeting on October 12. Mayor Woods and Commissioner Daugherty stated they will not be at that meeting either. Mayor Woods stated since there won't be a quorum, she will change her plans and will be here. City Clerk Bartle • Stated they need a volunteer to do minutes for the Town Hall meeting on October 3. Commissioner Mark stated she will not be here for that meeting. Mayor Woods stated she would do the minutes. Commissioner Beckenbach • Congratulated Commissioners-elect John Stinson and Blythe Waters and Mayor-elect Mitch Reeves, stating he looks forward to them taking over and doing the best job they possibly can. • Regarding the Special Meeting, it was interesting to note that they didn't have two people who are neighbors working together, unfortunately. He stated it would be best if they end up working toward neighbors working together in the City and is pleased that the second order of business regarding the Cloister condominiums worked in a positive way and he appreciates those people who ended up saying they would work together. He would like to see more of that. Commissioner Hill • Stated there was an email sent that indicated that Commission Mark did not apologize to the individual in the incident that took place. He asked Commissioner Mark to confirm whether she had or had not. Commissioner Mark stated she specifically apologized to the individual that night. Mayor Woods • Reiterated that Commissioners Hill and Daugherty will not be at the next meeting. • Thursday night is the board meeting reception and she appreciates everyone who serves on our community boards through the years. • Saturday is the Town Hall meeting. • Staff needs to focus on permits being issued that shouldn't be issued and fix this. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:26 p.m. ATTEST: Cce 4014 aa,mtee, Carolyn Wood Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk