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Item1B - 8-25-14 MinutesAGENDA ITEM# 1B SEPTEMBER 22, 2014 MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON AUGUST 25, 2014 City Commission Members present: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark Staff present: Nelson VanLiere, City Manager Rich Komando, City Attorney Donna L. Bartle, City Clerk Nancy E. Bailey, Recording Secretary Call to order. The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of September 8, 2014, was called to order at 6:30p.m. by Mayor Woods. COURTESY OF THE FLOOR TO VISITORS Mayor Woods stated she would limit the speakers to three minutes each. Debbie Price, 316 9th Street, spoke in support of the Human Rights Ordinance (HRO). Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO. Chris Jorgensen, 92 W. 3rd St., spoke in opposition to the HRO and in favor of seismic blasting. Steve Haerter, 106 19th Avenue S., Jacksonville Beach, thanked the Commissioners who voted for the HRO. Thomas Serwatka, 1431 Riverplace Blvd., spoke in support of the HRO. Donna Sasser, 2237 Oceanwalk Drive W., spoke in opposition to the HRO. James Eddy, 222 Lawton Avenue, Jacksonville, spoke in support of the HRO. John Ster, 1701 Selva Marina Dr., spoke in support ofthe HRO. Diana Haramboure, 420 Snapping Turtle Court E., spoke in support of the HRO. Lyn Lazarus, 540 Hopkins St., Neptune Beach, spoke in support of the HRO. Kristine Matson, 540 Hopkins St., Neptune Beach, spoke in support of the HRO. Juanita Powell-Williams, 2867 Lorimier Terrace, Jacksonville, spoke in support of the HRO. Jane Kosut, 1969 Sevilla Blvd. W., spoke in support of the HRO. Minutes -City Commission Workshop Page2 Anne Simpson, 420 Snapping Turtle Court E., spoke in support of the HRO. Mark Hill, 1726 Selva Marina Drive, spoke in support of the HRO. Michael Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO. AGENDA ITEM # lB SEPTEMBER 22, 2014 August 25,2014 Michael Langton, 1300 Oak Haven Rd., Langton & Associates, addressed Item 8A, grant consultants, explaining why he believes the Commission should continue the process to hire a grant consultant. Sarah Boren, 388 8th St., explained the Green Apple Day of Service to be held on September 27, 2014. Lou Keith, 1845 Tierra Verde Drive, addressed the resurfacing of the tennis courts, stating he hopes they go with the standard hard finish and not a rubberized finish; he also asked if they could get water fountains at both cabanas and lower the east fence. Cord Butler, 2014 Duna Vista Court, spoke in favor of the new proposed monument sign at the entrance to Selva Marina at Seminole Rd. Linda Lanier, 1768 Park Terrace West, addressed the sign on Selva Marina Drive, stating she believes it should state the name of the neighborhood not prominently advertise a private commercial enterprise. Tom Brennon, 1619 Selva Marina Drive, addressed the s1gn, stating they need to support the developers. Wells Todd, 1761 Sea Oats Drive, thanked the Commission for approving the HRO and spoke in support of the HRO. John Hancock, 336 Sunrise Circle, Neptune Beach, spoke in support of the HRO. Chevara Orrin, 2069 N. Market St., Jacksonville, spoke in support of the HRO. Maria Wilkes, 1320 East Coast Drive, spoke in support of the sign at Selva Marina. Linda Sherrer, 1322 Ocean Blvd., spoke in support of the signage, disclosing that her company, Berkshire Hathaway Homes Services Florida Network Realty represents the developer in this subdivision. Christy Budnik, 370 12th St. spoke in support of the sign at the beginning of Selva Marina Blvd. T.R. Hainline, 1301 Riverplace Blvd., representing Atlantic Beach Partners, spoke on the signage, stating they have obtained permits for demolition of the old sign and construction of the new sign; the new sign is consistent with the SPA zoning; and they are consistent with the Atlantic Beach signage code. Mike Carlin, 1700 Selva Marina Drive, spoke in support of the sign at Selva Marina Drive. Minutes -City Commission Workshop Page3 AGENDA ITEM# 1B SEPTEMBER 22, 2014 August 25,2014 Rick Wood, Managing Member of Atlantic Beach Partners, 414 Old Hard Road #502, Fleming Island, stated the sign was not built for a commercial purpose other than to demark where their community was going to be. He further stated the Atlantic Beach Country Club Homeowners Association will be responsible for the maintenance of that sign, not the Country Club. Mayor Woods explained the signage issue was not on the agenda but it came up last week, stating she will turn this over to the City Manager to see what he needs from the Commission. Mr. Van Liere explained that over the course of the past week there have been citizens who have contacted the City stating they were concerned about the sign. He stated they have reviewed the paperwork submitted and there is a question as to whether or not what they are building there would be permitable and wanted to bring it back to the Commission to get their thoughts on allowing them to proceed. Mayor Woods asked the City Attorney for his opinion. City Attorney Komando stated he has reviewed the SPA application as well as our codes and it is his understanding that what they requested in the sign permit was not what was authorized by the SPA. Mayor Woods asked if any part of it was authorized by the SPA. Mr. Komando stated the sign part was, but not the tower part. Discussion ensued. Mayor Woods read from the PUD regarding signage, stating for her it is very clear that our City Attorney's interpretation of what's allowed and what's not allowed is conect. Further discussion ensued. It was the consensus of the Commission to allow only the monument portion with the neighborhood names. Mr. Hainline stated they would take these comments back and reevaluate to see what they are planning on doing. He stated their position is that they do believe they are in compliance with the SPA as well as the Atlantic Beach code and have spent money on this sign site for this sign, based on the permits they were issued. He stated this puts them in a little bit of a situation as well. Gary Silverfield, one of the partners of Atlantic Beach Partners, stated they can take the tower down. He stated it cost them lots of money and they thought they were doing something very nice for the community. He stated the sign there was really poor and crumbled down and they came to the City and asked if they could put something there and were told yes. He stated they did everything within their rights but they are going to do what the City wants and if they would like them to do away with the tower, they will do away with the tower. He stated if they don't want them to have any sign, they will do no sign and leave them with vacant grass. He stated they believe it is very attractive and is a focal point of a lot of communities. He stated they first went to Selva Marina and they told them they didn't want to have their name on the sign. He stated but if they want their name on the sign they will be happy to do that. He stated he doesn't even know where Selva Norte is but will be happy to put their name on the sign if want to pay for it. He stated the truth is that they were going to make this thing beautiful, layered with flowers and it was going to be truly unique. He stated, but it is ok, they will do whatever the Commission wants and make it nice. He stated, for them, timing is critical because they are hoping to open the Club in the middle ofNovember and if they are going to do a sign they need to AGENDA ITEM# 1B SEPTEMBER 22, 2014 Minutes-City Commission Workshop Page4 August 25,2014 have it done and finished by then. He stated they will get them some new layouts and hopefully they can get it done and permitted very quickly. Mr. Hainline asked for clarification. He stated, as he understood the City Attorney, there is no question about the monument part of the sign, it is only the tower and asked if he was correct. Mr. Komando stated he was asked what would be permitted. He stated there are probably a number of things that would be allowed under F2, where it says the existing sign may be redesigned and updated. He stated it is pretty open at that point as to what that does allow, but when you look at the discussion of the towers, it talks about the entry points to the property access as part of the SPA. He stated it doesn't talk about the property which is contemplated under subsection 2. Mr. Hainline stated the consensus he believes they are drawing from this, and Mr. Silverfield's comments, are no tower; but he understood that the comments were that the remaining part of the sign, the monument part on the ground, is fine with everyone. Mayor Woods stated the monument part of the sign with the neighborhood names, she believes everybody also agrees. Mr. Komando stated he believes that would be consistent with the permissions that were approved as part of the SPA. Mr. Wood stated his landscape architect could be back with them by the end of next week. He stated his question is the approval process. Mayor Woods stated they have another meeting in two weeks, which is a voting meeting, and hopefully they can get them on that agenda and move ahead. She stated since they have discussed it at this meeting it will be okay to have it on that agenda. Commissioner Mark stated they could put it under #3, unfinished business. Mr. Hainline stated they have a permit and stated the reason he was asking for clarification was to see if they can move forward with the rest of the sign as opposed to the tower, before they come back for any change to the tower or structure. He stated if they can move forward with the rest of it, they have a permit and they can do it under the permit, if they will send the inspectors out. Mr. Komando stated they could talk about that after the meeting. Mr. Wood stated they also have a safety issue. He stated they have dug the footers based on the permit that they had and they have rebar sticking up and they can't get an inspection because the City is refusing to give them an inspection on the petmit he has in his hand. He stated the idea of modifying the permit by removing the tower and moving forward with the design is something they are willing to do if the City will say yes to it. Mayor Woods stated, yes, that would be consistent with the SPA. She stated they will entertain other options moving forward. Mr. Wood also pointed out that on the existing sign they had Selva Marina and Sevilla and asked if they replace Selva Marina and Sevilla and add Atlantic Beach Country Club, will they all be happy with that. Commissioner Hill stated yes but asked that they consider the size of the lettering. Commissioner Daugherty stated the size that was given to them looks okay. Mr. Wood stated they will consider that in the redesign. DISCUSSION OF AGENDA ITEMS ON SEPTEMBER 8, 2014 COMMISSION MEETING: 1. A. B. c. D. Approve the minutes of the Special Workshop on Police Building of August 11, 2014. Approve the minutes ofthe Regular Commission Meeting of August 11,2014. Approve the minutes ofthe Special Called Meeting of July 28, 2014. Approve the minutes of the Commission Workshop of July 28, 2014. Minutes -City Commission Workshop Page 5 E. Approve the minutes ofthe Budget Workshop of August 13,2014. F. Approve the minutes ofthe Town Hall Meeting of July 22, 2014. AGENDA ITEM # 1B SEPTEMBER 22, 2014 August 25, 2014 G. Approve the minutes of the Public General Discussion Meeting of July 7, 2014. Mayor Woods requested that the minutes be amended to be fair and equal to everyone involved explaining that the minutes say they spoke in favor of or spoke in opposition to and if we are going to do that she believes we should do that for everyone. She stated if we are going to start listing what their specific issues of being in support of or in opposition to or if we are going to start listing those, we need to do it for everybody. A lengthy discussion ensued regarding what should be in the minutes. Commissioner Daugherty pointed out that on Item 8A (August 11 Commission Meeting) it recorded the vote as being 4-0, but he abstained from that vote so it should be 3-0, with one abstaining. Commissioner Beckenbach asked the City Attorney, as far as the minutes are concerned, does he have any legal comments. City Attorney Komando stated our minutes are fine; there is a wide degree of what is acceptable for minutes. He stated they have to minimally document the vote, who cast the votes and actions that were taken by the Commission. He stated, as far as public comments, there is less guidance in that area about how detailed any governing body wishes to be. The consensus was to treat all of the answers the same. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. City Manager Nelson Van Liere reported that the FDOT has informed us they have reallocated some funding to allow the piping of Robert St. ditch, rather than the hardening of the banks, as is currently proposed. 4. Consent Agenda A. Acknowledge receipt of the Building Department Monthly Activity Report and Monthly Financial Report for July 2014. B. Declare the list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. C. Authorize the City Manager to sign the attached contracts with ABET and tennis professional Brecht Catalan. D. Extend the Electrical Troubleshooting, Repair and Installation Annual Contract (Bid No. 0910- 16) for one additional year to Limbaugh Electrical Contracting, Inc. at the contract prices. E. Acknowledge receipt of the Police Department Semi-Annual Report 2014. There was no discussion on this item. 5. Committee Reports None. 6. Action on Resolutions None. Minutes -City Commission Workshop Page 6 7. Action on Ordinances AGENDA ITEM # lB SEPTEMBER 22, 2014 August 25, 2014 A. Public Hearing and first reading on adopting a Tentative Millage Rate and adopting Ordinance No. 20-14-128 establishing the Operating Budget for fiscal year 2014/2015. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015. Mr. Van Liere stated what is in the agenda packet is the proposed budget and then there is a schedule of changes. He stated the changes he heard from the Budget Meeting were to add $50,000 for building maintenance; $20,000 for City Manager's salary; $20,000 for security lighting and extra bike racks; and under the IT program, an offsite location for servers during emergencies, which would be about $10,000/year. He stated he also understands they were not to add to the budget the Economic Incentive Options, nothing additional over the $250,000 for Russell Park. He also stated he had a meeting on the sanitation tipping last week and it will be continued. Commissioner Beckenbach stated he wanted to get consensus to have videotaping of the Code Board and Community Development Board. Discussion ensued. It was the consensus of the Commission to do so. Mr. VanLiere stated he will put the number together and bring it to the next meeting. Commissioner Daugherty recognized Councilman Bishop who was in the audience. Commissioner Daugherty discussed the socialized health care and cost to help part-time employees with the insurance costs. HR Director Cathy Berry stated she would discuss this with him after the meeting. B. ORDINANCE NO. 5-14-61, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. Commissioner Beckenbach stated although he is still interested in keeping the workshop he knows the rest of the Commission would like to try the other. Mayor Woods stated she believes the hybrid will still have all the things that they are not voting on so the citizens will have at least a month to be engaged in all the topics we discuss. 8. Miscellaneous Business A. Recruitment of Grant Writing Firm. Cathy Berry explained the RFP for grant writing services. She stated they had four responses, with one being disqualified because they didn't comply with the form requirements. She stated she evaluated the other three and in her mind one was superior to the other two. She stated her recommendation is to determine if this is something they want to do and then decide what the grant writing needs are and the delivery method. She explained the proposals, stating after they determine what their needs are, she would recommend that the City Manager and City Attorney negotiate a contract with the top candidate, Langton & Associates. Discussion ensued. Ms. Berry answered questions from the Commission. Minutes-City Commission Workshop Page7 AGENDA ITEM# 1B SEPTEMBER 22, 2014 August 25,2014 Michael Langton, Langton & Associates, explained what his firm does and answered questions from the Commission. Further discussion ensued. Mr. Van Liere stated, at this point, we do not have any funding in the budget for this service and to enter into a contract they would have to fund it. He suggested if they are pretty set on doing it that they add it to the budget list and on October 1 they would have funding. It was the consensus of the Commission to put $36,000 in budget for this service. B. Renewal of Employee Benefits-Insurance. HR Director Cathy Berry stated she is recommending they put out for bid every insurance product we currently offer our employees to get the best product we can. She answered questions from the Commission. C. Renewal of Liability and Workers' Compensation Insurance. Ms. Berry stated she recommends renewal of the Workers Comp and General Liability which will have a 3% increase. D. Russell Park Tennis Court Reconstruction. There was no discussion on this item. E. Discussion on proclaiming September 27, 2014 as Green Apple Day of Service. Commissioner Mark stated she will have a Proclamation for the next meeting. F. Discussion on Proposed Resolution Not Supporting Seismic Blasting Offshore. Commissioner Mark asked for consensus from the Commission to submit a Resolution opposing seismic blasting. It was the consensus of the Commission to do a Resolution. G. Request for Reconsideration on Ordinance No. 95-14-108. Commissioner Daugherty stated the purpose of the reconsideration was because Commissioner Hill was not at the last meeting and he stated at the previous meeting that he had information that he would like to present to the Commission. He stated he is bringing this up again because he believes every Commissioner has the right to be heard. He further stated that has been a petition drive to put this on the next ballot. Commissioner Hill stated he thought the request was just to give him an opportunity to speak. He stated it may not require that they open the ordinance up. He stated he doesn't oppose the ordinance, he opposes the language in the ordinance. He stated there are pieces of this ordinance as passed that are in direct conflict with a section of our community who now will feel like they are the minority for a while. He stated he was hoping for language that didn't ostracize or split our community because we are now a divided community. He stated he believes a lot more could be done at a State level with our support. He stated he wanted the State to handle this. Discussion ensued. Minutes-City Commission Workshop Page 8 AGENDA ITEM # 1B SEPTEMBER 22,2014 August 25, 2014 Commissioner Hill handed out his proposed HRO language changes to the Commission. Discussion of the changes ensued. City Attorney Komando explained that at this point if the Commission wishes to change the ordinance they would have to present an amendment. He stated any ordinance can be amended or repealed; that's entirely up to the Commission. Mayor Woods recommended that they take this off the next agenda and if Commissioner Hill wants to seriously get with the City Attorney and come up with language for the Commission to address it and get it on an agenda with specific wording that would be the way to go. Commissioner Daugherty stated, according to Commission rules, he doesn't believe they can do that. He stated the only reason it is able to be brought up for consideration is because he voted for it and it can only be brought up again at the next meeting. Mr. Komando stated that is for reconsideration of a Commission action, but an ordinance can always be amended; there is no prohibition on when an ordinance can be amended. Commissioner Daugherty stated he believes they can get this better without changing the intent. He stated he is basically just showing them there are some problems that can really leave them in a bind. He stated he would like the opportunity to sit with the City Attorney, take a really serious look at some of these nuances. He stated he understands the intent and why it helps the potentially aggrieved community. Mayor Woods stated she would love to have Commissioner Hill get with the City Attorney. She stated she would like to take this off the next agenda and let him come up with the language and put it on a future agenda for us. Commissioner Hill stated that is fine with him. Commissioner Daugherty stated he has two weeks to talk to the attorney and can give us specific language at the next meeting. He stated he doesn't want to drag this on any longer. Commissioner Hill stated none of the changes he believes need to be made are going to require 800 people in the audience lobbying us again; they aren't that type of changes, unless there is an underlying agenda that he missed entirely. He stated they are changes that protect our citizens a little better from unintended consequences. Mayor Woods asked the City Attorney if Commissioner Hill can bring specific written language to the next meeting with what is on the agenda now or do they need to move it to another meeting. Mr. Komando stated that is up to the Commission. He stated if they are willing to have a first reading. Mayor Woods stated she is just concerned about the time it would be available for the public to look at and understand. She asked Commissioner Hill if he would like to bring specific language to the next meeting. Commissioner Hill stated he will make an effort to do it and get it done, but some of it may require a little more review than that, but that is a good target to shoot for. Commissioner Mark asked that they table this until a definite time when Commissioner Hill feels like he will have the time to bring forth some proposed amendment language and when and if that day comes then they will address it at that time. Commissioner Hill stated that is fine with him. Mayor Woods clarified that they will take it off the next agenda and at some time after they have worked it out they will talk about it again. City Clerk Bartle asked about the magistrate. She stated the one we have right now is just for dangerous dogs. She asked how they are going about getting a magistrate for this purpose. She stated, if she is supposed to be coordinating with this person, at some point she needs to know who this person is. Commissioner Mark stated she believes they need to send out an RFP and then choose one under those terms. Chief Classey stated he, the City Manager and the City Attorney sat on the selection committee for the dangerous dog magistrate. Discussion ensued. Mayor Woods stated she believes the City Attorney, City Manager and City Clerk should pick the process and bring it back to the Commission. Minutes-City Commission Workshop Page9 AGENDA ITEM # 1B SEPTEMBER 22, 2014 August 25,2014 Commissioner Hill asked if we budget for a magistrate. Mayor Woods stated she doesn't believe we budget for the dangerous dog magistrate, it is on an as needed legal fee and would come out of the legal fee budget we have. 9. City Manager A. City Manager's Report. • 90-Day Calendar (September-November 2014) Mr. Van Liere stated we will no longer use Catholic Charities, but will instead use BEAM to oversee the program to assist people with their utility bills. He pointed out the special called meeting to adopt the millage rate and budget has been added to the calendar; the annual Board and Committee Member Appreciation Reception will be October 2; and the proposed date for the Town Hall meeting is October 18, at 10:00 a.m. in the Chamber. Mayor Woods asked what did he mean by special called meeting. He explained if the ordinance to go to two meetings a month doesn't pass, then that meeting will have to be a special called meeting. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle Stated we need applicants for Community Development Board, Code Enforcement, and the Pension Board, if they know of anyone. Commissioner Mark Stated she just received a letter from Florida League of Cities that she has been appointed to the Growth & Management Economic Affairs Legislation Policy Committee. She stated she will be attending two meetings and the League's Annual Legislative Conference. She asked that they let her know of any issues they may have on growth management and economic affairs before September 12, which is their first meeting. Commissioner Hill Related an incident, while in Marathon, when his family swam with dolphins stating he would hate to see the seismic blasting interfere with our very healthy dolphin and mammal population we have. He stated he would like to make sure they don't support something that is going to ruin that. City Manager VanLiere Reminded everyone that 80 is building capacity limit for the Chamber. COURTESY OF THE FLOOR TO VISITORS Mayor Woods opened Courtesy of the Floor to visitors. Sheri Lawhun, 190 Seminole, spoke in opposition to the HRO. Mayor Wood closed the Courtesy of the Floor and reopened the comments from the Commissioners. Commissioner Daugherty Minutes -City Commission Workshop Page 10 AGENDA ITEM # 1B SEPTEMBER 22, 2014 August 25, 2014 Stated the reason he voted for the HRO was so they would be able to listen to Commissioner Hill but he doesn't want the record to reflect his vote being a yes on this and asked that the Commission allow this to be brought up again and voted on again so the vote accurately reflects the will of the Commission. Reminded everyone there is an election tomorrow. Related his experience aboard the Iwo Jima. Commissioner Beckenbach Asked where we are as far as the annexation. Mr. Komando stated he was told by the Assistant General Counsel who is assigned to this that there was one other person who had to review the proposed Interlocal Services Boundary Agreement that he drafted and if it is approved it will be put back before the City of Jacksonville's City Council for approval. He stated he expects that to happen in the next week or so. Stated he wanted to add the Tree Survey of the tree canopy to the budget, if there is a cost. Commissioner Mark suggested he check with Greenscape, who are the tree people for the City of Jacksonville. She stated Anna Dooley is the Executive Director. Mayor Woods Stated she has heard about the petition going around to get a referendum. She stated that is the process; we are a democracy and not evetybody always agrees with things and she welcomes the process and we will move forward and go through it. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 10:43 p.m. Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/President Officer *Formal action (if needed) will be taken at the Commission Meeting of September 8, 2014.