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8-8-16 Minutes MINUTES REGULAR CITY COMMISSION MEETING August 8, 2016 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Wayne Flowers Commissioner Harding City Manager Nelson Van Liere Commissioner John Stinson City Clerk Donna Bartle Commissioner M. Blythe Waters ABSENT: Mayor Pro Tern Jimmy Hill Invocation and pledge to the flag Commissioner Waters gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves called the meeting to order at 6:34 p.m. 1. A. Approve the minutes of the Commission Meeting of July 25,2016. Mayor Reeves stated the City Clerk found an error on page 6, last paragraph, first sentence and requested that the word "when" be replaced with the word "went". He asked if there were any additional corrections to the minutes. There being no additional corrections offered, Mayor Reeves stated the minutes are approved as corrected. 2. Courtesy of the Floor to Visitors Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Mark Tingen, 1198 Sandpiper Lane E, spoke regarding Selva Preserve and the foliage being removed and asked for advance notice to the neighborhood. He expressed concern over the bike path not being marked yet and asked that it be addressed. He advised that he attended the Blue Lives Matter walk at Memorial Park and explained we have a small police department and we should recognize them for what they do. Chris Jorgensen, 92 W. 3rd St., spoke in reference to the beautification of City Hall and thanked Public Works. He mentioned a letter that he read in the Beaches Leader by Shirley who retired. He explained he attended the Blue Collar negotiations meeting and would like to see everyone taken care of in a legitimate manner and at a reasonable cost. He mentioned that this past week one of the Global Warming top scientist resigned and since then publicly stated Global Warming is a scam. Spoke in reference to three volcanoes erupting within a seventy-two hour time span. He reported attending a meeting with Mayor Curry and seeing City Manager Van Liere, Commissioner Hill and Mayor Reeves at the meeting. Linda Padrta, 1113 First St, Neptune Beach, stated she owns properties in Aquatic Gardens and is concerned the City is operating as if increased tax revenue is the most important consideration when Au.ust 8 2016 REGULAR COMMISSION MEETING Pa.e2 evaluating a development proposal and explained there appears factors such as negative impact on surrounding communities and anycost to and upkeep. She also expressed concerns about to be no evaluation of other critical meeting agenda at the last minute, not sendingbargaining out of the public view, adding ity for maintenance set the Board, lack of communication with Neptune Beach regarding stormwater h questionable projects to the Community Development giving people living in Aquatic Gardens a sense of security that their homes handling, and the City notu the format of the Commission Meetings being long and seems voices heard before the votes.s She expressed eing and concerns regarding are safe. She spokeabout also to be locking parkizens from havingdtheir g dmg the dog being closed. Casey Jones, 2130 Mayport Rd, expressed concerns about the need to protect there is no light ordinance in Atlantic Beach, only a voluntary one. He explained time penalties in Jacksonville Beach and Neptune Beach for sea turtles, noting that place. He expressed concern neighbors lighting p seg t ordinancere are fines and have turtles.io wuld like to see a light overordinanceanei violations of the light dyill theyb sea g g and believes it has already killed baby sea City Clerk for distribution to the Commissioimplemented. He also gave a handout with photos to the Deborah Eisert, 85 10th St, spoke in reference to the sea turtles. She asked be changed to a mandatory lighting ordinance and suggested having a tool to them know why it should be done. She reported there that the voluntary ordinance and NeptunekowBeach and explained all three eies of sea turtlesay educate homeownersnvilleeo let are mandatory ordinances in Jacksonville Beach endangered. She reiterated the need for changes to the ordinance so that sea tutheir rtles Atlantic Beach. eggs in Atlantic Beach are will have a chance in No one else from the audience spoke so Mayor Reeves closed the Courtesy esy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Public Hearing-16-SFPA-125- Request for plat approval as required Article 4 of the Code of Ordinances at RE# 172147-0000 and 17215 0000 Chapter 24, (previously known as 115 and 125 Donner Road). City Planner Derek Reeves presented a slide show as he explained the re u Community Development Board's recommendation and the City Attorney' ret oform the lot approval, the p Mayor Reeves asked applicant, Chris Lambertson whether he isny s recommended conditions. Lambertson stated that he is in agreement. He stated the only hiccupagtheym with the haveonditions. doesn't get the information back to him, but he will provide everything inMr. would is ifrhe City working on that as we speak. g a timely manner and is Mayor Reeves opened the public hearing. No one in the audience spoke.p Mayor Reeves closed the public hearing. Motion: A. 'rove Plat 16-SFPA-125 with conditions that: 1 The Plat recordin. to incor I orate the correct recordin. be amended �rior to easement if a written instrument conve in. information for Ardella Road road and sewer of the Ci 's counsel. 2 If an Ardella Road recorded instrument cannot same to the Ci can be located sub sect to the a� �royal later than six 6 months from Au. be located then CDL no and sewer 'ur•oses to the Ci in such form and convel ursuant dedicate uch an easement for roadwa reasonabl reg wire but reservin. restsuch surve as the Ci ma hts of reverter AND without re i itsirement that CDL in the d rev inrl � fee sim�le real �ro�er and all de an warren of title relative to Au.ust 8 2016 REGULAR COMMISSION MEETING Pa.e3 will be such conve ance or dedication and within thir 30 da s thereafter t and 3 t The Plat vi a e 1 ed to incor s orate the recordin l information for such conve ance/dedication ordinl Boo note 3 will be amended to incor.orate an ex,ress reference t the r c recorded a and Pale of the Ardella Place CCRse o Seconded by Stinson ional restrictions which c. Moved by Harding, Roll Call Votes: Aye: 4 -Harding, Stinson,Waters,Reeves Nay: 0 MOTION CARRIED B. -16-UBEX-129- Request for a use-by-exception eetas permitted by Section 24-111(c)(8),to allow a woodworking shop at 33 W 6th City Planner Derek Reeves presented a slide show as he explained the request for the use-by-exception and the Community Development Board's recommendation. Applicant Adam Rowley thanked the Commission for the opportunity and wants to continue doing business in Atlantic Beach. Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the public hearing. Motion: A s ,rove the Use-b -Exce s tion 16-UBEX-129 as read. Moved by Waters, Seconded by Harding Roll Call Votes: Aye: 4 - Stinson,Waters,Harding,Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA BE ENACTED BY ONE MOTION BN E ROUTINE BY THE CITY COMMISSION AND WILL THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE WRLL BED�MOVED FROM THE ISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. DOCUMFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. achine, r A. Extend the contract with Moline Electric Motor year at the.cuorr nt prices, of Electrical Motors & Pumps (Bid No. 1112-08) for on term being August 27,2016 to August 26, 2017. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner would like to pull the item from the Consent Agenda for discussion. The item was pulled by Commissioner Stinson. August 8,2016 REGULAR COMMISSION MEETING Page 4 Commissioner Stinson questioned how many bids were received for this service. City Manager Van Liere explained this is a four-year contract with two one-year extensions. He stated this bid was in 2012 and doesn't recall how many proposers there were. He explained they are our go-to contractor for servicing our electric pumps, this is our last extension that was in the bid packet that they proposed for, and we will be rebidding it next year. Commissioner Stinson confirmed with Mr. Van Liere that it had not been rebidded prior to requesting the extension. Mr. Van Liere confirmed explaining we are doing the extension partly so we don't have to go through the expense of rebidding. He added, when the contract was bid in 2012, it was priced with the four plus two in mind. Motion: Approve Consent Agenda Item A. Moved by, Waters Seconded by Harding Mayor Reeves clarified the information explained by the City Manager regarding the duration of the extension and asked, if a bid has extensions, does purchasing ever go out and ask for courtesy bids to see if the market has changed. Mr. Van Liere explained they do sometimes, when they feel they have better pricing, but is not aware of it being done on this bid. Commissioner Harding questioned the terms that were stated and City Manager Van Liere noted the original term may have been three years instead of four. Mr. Van Liere answered Mayor Reeves question about the value of the bid. Mayor Reeves expressed concerns that the Commission is not being provided with correct information and is not ready to support the item. Commissioner Stinson explained that we don't really know what we are buying and we owe it to the taxpayers to make sure that the money we are spending is for a good value. He stated, it doesn't have to be the cheapest, but it has to be a good value and the only way to do that is to price it. Commissioner Harding agreed and believed we should look into the market rates to determine if this bid is in line or if we should rebid it. Commissioner Waters commented that pricing was best in 2012 because of the economy and since then has become more expensive. She believes that we are not likely to beat those 2012 prices in today's market. Commissioner Stinson stated he wants to move that we postpone this until the Commission Meeting on August 22, 2016 and prior to the meeting the City Manager provides us with a copy of the contract because he hears Commissioner Waters comments about 2012 pricing but we don't know if there is any escalation factor in there. He also believes it gives our Public Works a chance to make a couple of phone calls to find out if this service could be obtained on behalf of the City from another service provider. Motion: Postpone until August 22, 2016. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 4 - Waters, Harding, Stinson, Reeves Nay: 0 MOTION CARRIED August 8,2016 REGULAR COMMISSION MEETING Page 5 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 16-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, STATING ITS INTENTION TO COMPLY WITH THE SUPREME COURT OPINION IN THE CASE OF REED V. TOWN OF GILBERT, ARIZ., - U.S. -, 135 S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015)AND SUSPENDING ENFORCEMENT OF ALL REGULATIONS GOVERNING TEMPORARY NON-COMMERCIAL SPEECH AS THOSE REGULATIONS RELATED TO THE CITY'S SIGN CODE, PROVIDING FOR AN EFFECTIVE DATE. City Clerk Bartle read the Resolution by title. Attorney Flowers explained the Resolution and the purpose for adopting it. Motion: Adopt Resolution No. 16-04 as read by title. Moved by Stinson, Seconded by Waters Commissioner Stinson explained the reasons why the City is doing this in a two-step process instead of just going straight to the revision of the ordinance. Roll Call Votes: Aye: 4—Harding, Stinson, Waters, Reeves Nay: MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 90-16-225, Public Hearing and First Reading AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE REPAIR-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING PROHIBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the public hearing. August 8,2016 REGULAR COMMISSION MEETING Page 6 Motion: Approve Ordinance No. 90-16-225 on first reading. Moved by Stinson, Seconded by Waters There was no discussion. Roll Call Votes: Aye: 4—Stinson, Waters, Harding, Reeves Nay: MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Discussion on a Tree/Beautification Committee (Mayor Reeves) Mayor Reeves explained the information provided in the packet and his desire for a tree committee that would try to educate the builders and homeowners and work with planning. City Manager Van Liere explained that a tree arborist will start at the end of the month. Commissioner Waters spoke about receiving a lot of feedback from residents who see the value of trees and tree canopy. She believes green space is an intangible but incredibly important factor in home values in the City as well as quality of life values. She explained the benefits and the need for tree maintenance and replacement. She expressed support in having a group that would look holistically at all the green spaces and consider trees as part of that and believes there needs to be a discussion about what the role of the committee would be in terms of enforcement and decision-making. Commissioner Stinson asked if the tree committee will only focus on green spaces within the City or will it also be on residential and commercial. Mayor Reeves explained he put this item on the agenda because it was recently brought up at a meeting. He stated he is not in favor of bringing a tree board back but wants to do something to plan where the City is planting trees. Commissioner Waters spoke about the types of trees that have been planted. She stated a tree committee can educate and provide resources. City Manager Van Liere explained that the grant that we have starts with an inventory of the trees in the City right-of-ways and includes a tree management program which would recommend placement and types of trees and believes the tree arborist will be giving us some information. Commissioner Stinson stated when JEA trims trees the damage they do is irreparable. He inquired if this committee would have any kind of interaction or work to do with JEA to try to find ways for that not to happen. Commissioner Waters explained why she believed there would be little room for negotiations with JEA, but suggested advising people where to plant trees to better avoid JEA's shearings. Mayor Reeves spoke about meetings he had with JEA regarding underground power lines and believes they are being very open and nice to us. Discussion ensued about whether to discuss the topic again. Commissioner Waters suggested that the topic come back for discussion to allow Commission Hill to comment and for citizens to give feedback now that the item has been explained. Commissioner Stinson inquired if there is enough interest from citizens to serve on a tree committee because we have a tough time recruiting for some of our other boards and committees. Mayor Reeves stated that was a good question and believes we need to find out. The consensus was to put this item on the next meeting agenda for discussion only. Mayor Reeves asked Attorney Flowers to give a briefing on the injunction filed against the City on the permit for the tear down of Gate and the lawsuit against the City. Attorney Flowers explained the two separate actions stating that the injunction challenges the alledged impact on Mr. Adeeb in terms of potential loss of value of his property and suggesting that the action was not consistent with the City's Comp Plan. He reported there was a preliminary hearing in that case last Friday to essentially set a hearing with a sufficient amount of time to hear the request for a temporary injunction that has been August 8,2016 REGULAR COMMISSION MEETING Page 7 filed by Mr. Adeeb. At the hearing, Gate was allowed to intervene in the case so that they could come in and argue their interest in the matter generally and specifically as it relates to the demolition permit that was authorized by the City for the existing structure. That is what Mr. Adeeb is attempting to stop. Essentially, the action brought against the City was seeking an injunction to require a stay of the City's permit for the demolition. Gate agreed as part of the agreement on the other party's part to allow them to intervene in the case, which they probably would have been able to do anyway, that they would not initiate any demolition activities until a hearing on August 11, 2016 at 1:00 P.M. He explained evidence will be presented as to the claim that there is going to be irreparable harm to Mr. Adeeb if the demolition goes forward. There are two or three other tests that have to be satisfied in order for a judge to enter a temporary injunction. He explained that hearing is the next step. Mayor Reeves confirmed that it will be the same judge handling the whole case. Attorney Flowers confirmed it will. Commissioner Waters asked for clarification that Mr. Adeeb gave permission for Gate to intervene and that was not something that was requested by the City. Attorney Flowers answered that was correct. 9. City Manager A. City Manager's Report. 90-Day Calendar (August 2016 through October 2016). • Reported that next Monday is the first Budget Workshop followed up with the second one on August 24, 2016; Both begin at 5:30 pm in the Commission Chamber and lasts about 4 hours. • Reported the Town Hall Meeting has been rescheduled for Saturday, August 27, 2016 for the Safe Routes to School. • Reported the Annual Board Reception is scheduled for September 29, 2016 at 6:30 p.m. at Adele Grage Cultural Center. • Reported there is a Town Hall Meeting tentatively scheduled for 10:00 a.m. on Saturday, August 13, 2016 at the Jordan Center. • Announced that Mike Jones was recognized as Employee of the Quarter and is well- deserving of that recognition. • Explained that Keith Randich researched the Elected Official Email account and found that one-third of the 21 cities/counties had that kind of an email account where you can send an email to all elected officials simultaneously. He reported that they looked into the use of that account and found that we are getting about 15 emails to that email address per week and a lot of them are duplicate addressees, so the same people that were using it continue to use it and since the link to that email has been removed no new people are starting to use it. He explained that emails are not being forwarded to any inbox for that. He stated it doesn't seem to be that much of an issue with the drops now but you have to be careful about the correspondence with third-parties getting bounced back. • Reported that they will be interviewing three Community Development Director applicants next week and Brenna and Mr. Lindorff has agreed to help with the interviews. • Thanked Derek Reeves for stepping up noting he is involved in a lot of things. • Explained that he went over and looked at Aquatic Gardens to check on what the rainstorm did over there and reported that TriBridge had a very minimal effect on the overflow and the ditches were working very well. He reported there is money in the budget for a stormwater master plan update if the budget gets approved and we have additional monies in the Stormwater fund for design of a project and for construction for both the Saltair neighborhood and Aquatic Drive.. • Explained the City has a Resolution that tells the City Manager to write a letter every April asking for voluntary compliance with light and restrictions to help with the sea turtles. He reported that he spoke with the Sea Turtle Patrol and has given copies of ordinances from August 8,2016 REGULAR COMMISSION MEETING Page 8 Jacksonville Beach and Neptune Beach to City Attorney Durden to evaluate if it would be prudent to adopt a similar version of their ordinances if the Commission wants us to pursue that. Mayor Reeves stated he wants to make sure the City Manager and Public Works staff is looking at Aquatic Gardens. He reported on a video that was sent to him and believes that the ditch is not working properly as reported. He expressed concern about the Commission and the Aquatic Garden residents not being updated on the plans for solutions. He reiterated that he wants the City Manager and Public Works to get on top of it. City Manager Van Liere reported that Mr. Jacobovitz went and looked at the ditches in Neptune Beach today and there is an obstruction that appears to be a log jam in the creek. He stated we will have to continue to communicate with Neptune Beach about them helping us try to keep the ditch cleaned out. He also explained why he believes it will take some engineering to reconstruct the ditches. Mr. Van Liere answered drainage related questions from Commissioner Waters. She indicated she would like a diagram so residents can see where the water is supposed to be going. Mr. Van Liere said it will be done. Mr. Van Liere and Mayor Reeves explained the purpose of the Saltair meeting being held on Friday, August 12, 2016 and noted that it is a neighborhood meeting, not a Town Hall Meeting. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Expressed concern about not having an ordinance in place to protect the sea turtles and would like it to be addressed. • In reference to Aquatic Drive, stated that the comments that tax revenue is the most important factor in determining approvals is not true and that we have not initiated talks with Neptune Beach and that we just want to lay blame is also not true. He explained we have had open dialogue with the City of Neptune Beach and they have initiated some activity on their side. Commissioner Waters • Explained she would like to attend the Saltair Meeting to hear the concerns of citizens and their input on solutions explaining that input from citizens is always beneficial. Commissioner Stinson • Commented on the Stormwater system being unable to handle the water that we have to deal with and explained concerns of citizens not being given an update and that government is slow, but it does not have to be. He believes the Commission should strive to understand what staff is doing so that it can be communicated to the citizens. • Requested to meet with Mr. Jacobovitz regarding Safe Routes to Schools projects. • Complimented Mr. Van Liere, Mr. Jacobovitz and the staff on the City Hall Beautification. • Requested an update on the public safety building project regarding cost and timeline. August 8,2016 REGULAR COMMISSION MEETING Page 9 • Suggested having an education session at the hotels for the visitors regarding sea turtles and also posting information at City Buildings. Mayor Reeves asked Chief Deal to give a report on the status of Public Safety Building, police retirements and service awards. Chief Deal • Explained that the building is still on track to be done probably by the end of March, maybe into April and the cost is still on track with the budget. • Announced Lt.Dale Hatfield's last day is today after 25 years of service. • Recognized SPO Robbie Harding for celebrating his 30 years of Service with the City last January. • Reported that Commander Vic Gualillo recently had his 25 years of service. Mayor Reeves • Reported he will attend the Florida League of Cities Conference in Ft. Lauderdale August 17-20, 2016. • Reported he has been working with the three cities to Paint the Beaches Blue to show their love and support for law enforcement to be held the week of August 21-27, 2016. He explained they are inviting residents and businesses to hang flags, or anything blue or use a blue bulb for porch lighting during that week. He asked the Commission to get involved. • Reported that Captain Wesley McCall had a Change of Command at Mayport and he will be missed. • Reported he will be attending the Chain of Command for the admiral on August 12, 2016. • Explained that the City works closely with the Sea Turtle Patrol and believes we need to look into an ordinance for the sea turtles. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 8:26 p.m. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer /741141-(I '&41'46 Donna L. Bartle, CMC City Clerk