Agenda Item #1D - Special Called Meeting Minutes 3-24-14AGENDA 1TEM # lD
MAY 12,2014
MINUTES OF SPECIAL CALLED MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON MARCH 24, 2014
PRESENT: Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
ALSO: Nelson VanLiere, Interim City Manager
Richard Komando, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Call to order.
The Mayor called the meeting to order at 6:32 p.m. in the Commission Chamber. Mayor Woods
explained the procedures for the Special Called meeting. She called for a moment of reflection for two
City employees who passed away: Paul Paloti, who worked for the City in Public Works for over 20
years and had retired a little over 3 years ago; and Gail Baker, who was a driving force and mentor to
children and families in the Donner Community.
1. Courtesy of the Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained
the process for public comments.
Mike Whalen, 1420 Mayport Rd., spoke in opposition to the Habitat project at 201 Mayport Rd. He
asked that they please have the courage to vote no on thirteen zoning exceptions tonight.
Mitch Reeves, 1663 Sea Oats Drive, addressed Courtesy of the Floor to Visitors, asking that the
Commission go back and read the announcement that is read each week before the citizens. He stated it
is a Courtesy of the Floor and it is not a two-way debate. He stated sitting Commissioners will interrupt
the speaker stating, that's your opinion, that's not true and different other comments, but yet that citizen
does not have the right to rebuttal. He asked that the Commission think about following their own rules
because it is for the citizens to stand up here and speak. He stated the citizens have to be able to express
their feelings, good or bad, and asked that they not interrupt them during their comments. He stated
when they change the rules for special meetings to allow everybody to only have two minutes to speak,
he does not believe that is right for the citizens of Atlantic Beach. He stated he believes all Atlantic
Beach citizens, during Courtesy of the Floor, should always be allowed to have a full five minutes to
speak. He stated if they are not a resident he believes it is fine to set a two or three minute rule. He
stated the Commission wants to be transparent; they need to hear our citizens and the citizens need to
have the right to a full five minutes at anytime they have the Courtesy to the Floor.
Brian Wheeler, 9822 Tapestry Park Circle, agent for the applicant, stated he and other
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MAY 12,2014
representatives for Habitat were here if there are any questions or issues and would be happy to address
them.
Chris Jorgensen, 92 W. 3rd Street, spoke in opposition to the Habitat project at 210 Mayp01t Rd.
Thanked the speaker who talked about citizens not being interrupted when speaking.
No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to Visitors.
2. ORDINANCE NO. 90-14-221, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
REZONING PARCEL IDENTIFICATION NUMBER 177649-0000 FROM COMMERCIAL
LIMITED (CL) AND RESIDENTIAL MULTI-FAMILY (RG-M) TO A SPECIAL PLANNED
AREA (SPA) AS PERMITTED BY SECTIONS 24-116 THROUGH 24-126 OF THE CODE
OF ORDINANCES TO ALLOW A MAXIMUM OF EIGHTY (80) RESIDENTIAL UNITS,
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE AND RECORDING.
Mayor Woods read Ordinance No. 90-14-221 by title.
Mayor Woods opened the Public Hearing. No one in the audience spoke so Mayor Woods closed the
Public Hearing.
Motion: Approve Ordinance No. 90-14-221, as read.
Moved by Daugherty, Seconded by Mark
Commissioner Hill brought up the accusation of a possible conflict of interest regarding the Community
Development Board which passed the 13 variances and sent them to the Commission. Discussion
ensued. Mr. Komando explained conflict of interest stating it would occur if there is any sort of
standing to gain financially or gain in some form. He stated without knowing who was actually on the
Board, it is a challenge to answer. He stated the Community Development Board makes a
recommendation to this Board and this Board is not bound to follow those recommendations.
Jeremy Hubsch, Redevelopment and Zoning Coordinator, named the Board Members of the Community
Development Board stating none were actually active (Habitat) Board members and he could ask them
to all submit something to say that they have no ties or affiliation to Habitat.
Kirk Hanson of the Community Development Board stated when this issue came up there were several
people who said they had done volunteer work for Habitat but nobody indicated they presently worked
for Habitat or were on the Board for Habitat. He stated he doesn't know that anybody who worked on a
Habitat house would have a conflict of interest in regards to making a determination. Mayor Woods
stated she believes if there had been a conflict they would have spoken up at the time.
Commissioner Hill reiterated he still believes this is the wrong project for the location and doesn't
believe the variances cover it adequately. Mayor Woods discussed the issue of the variances, stating one
of the variances they have incorporated is instead of having a 20' front yard setback they will have 32'
from the front of the house to the street and in that there is a 10' landscape buffer and an additional
interior sidewalk so that within the community they can walk around without having to come out and be
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MAY 12,2014
exposed to Mayport Road. She stated, to her, that is a variance that actually benefits the community at
large and that particular community, making it safer. She stated other variances included more
landscape buffer than our Code requires between adjacent developments and this development; different
sizes of trees, but more vegetation going in, etc., so even though 13 variances sounds like a big number,
when you look at them she believes it does benefit the individual development and our community at
large. She stated she just wanted to put that out there on the record.
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 1-Hill
MOTION CARRIED
3. Grant Application for an Emergency Generator for City Hall.
Keith Randich summarized the staff report, stating the estimated cost is $17 5, 000 with a matching grant
of75%. He explained the City would need to cover 25% ofthe cost if we receive the grant.
Motion: Direct staff to complete the Duval County Local Mitigation Strategy application for an
emergency generator for City Hall.
Moved by Daugherty, Seconded by Mark
Discussion ensued.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjoumed at 7:01p.m.
ATTEST
Donna L. Bartle, CMC
City Clerk
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Carolyn Woods
Mayor