Item 1A 4-27-15 MinutesIN ATTENDANCE:
Mayor Carolyn Woods
MINUTES
REGULAR CITY COMMISSION MEETING
April27, 2015
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson VanLiere
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Mayor Pro Tern Mark Beckenbach (arrived at 6:32)
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
City Attorney Richard Komando
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Commissioner Maria Mark
Call to Order/Pledge:
Mayor Woods called the meeting to order at 6:30p.m. Commissioner Hill gave the Invocation, followed by
the Pledge of Allegiance to the Flag.
1. Approval of Minutes
A. Approve the minutes of the Commission Meeting of Aprill3, 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
A. Proclamation In Recognition of the Distinguished Service ofDonna Kaluzniak.
Mayor Woods read the Proclamation recognizing Donna Kaluzniak who retired on March 20, 2015 and
presented it to Ms. Kaluzniak. Ms. Kaluzniak thanked the Commission, stating she is very honored to receive
this, and also thanked all of the staff in the City that she worked with for many years. She stated they
accomplished a lot of things as a good team and she misses working with everyone. She stated she wishes
the City continued success in everything they do; she will always love the City of Atlantic Beach.
Item 2C was taken out of sequence and acted on at this time.
C. Presentation from Purvis Gray regarding the Audited Financial Statement ofFY2013-2014.
Ron Whitesides, Purvis Gray & Company, Audit Partner in charge of the City's outside independent auditors,
presented the summary of the results of the annual audit report for 2013-2014, stating they have a very
positive result to report tonight. He stated the audit was unmodified, which means it is a clean audit opinion,
the highest one of assurance that auditors can render. He stated they had no findings, or internal control
errors to report; it was clean in all respects. He stated there was a $1.2 million increase in revenues, driven by
improvement in investment earnings and the grant for the reclaimed water project. He stated expenses are up
by $470,000, mainly due to the tipping fee settlement with the City of Jacksonville. He stated for the year the
City operated at a $1.4 million excess/income vs. $629,000 the year before, so it was a very positive year
financially for the City. He stated the City has $4.8 million restricted and $11.1 million unrestricted in
spendable reserves. He stated the Government Finance Officers Association recommends you have at least
two months reserve, Atlantic Beach is closer to six. He stated the City is in a strong fmancial position. He
further discussed the pensions, stating the accounting standards have resulted in some changes into how the
actuaries measure the pension liability. He stated for the General Employees plan at September 30, 2014
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there is an actuarial projected liability of $20.1 million, while $14.9 million of assets has been set aside in the
Pension Trust Fund for those employees. He stated the difference of $5.2 million is the net pension liability
to be funded over time. He stated with the Police Officers plan there is $12.8 million of pension liability and
$8.1 million of assets, leaving a $4.7 net pension liability. He stated the two plans are funded at 74% and
63%, respectively. He stated nothing has changed with the City's obligation to fund it, it is the same as it has
always been; what is changing is the accounting recognition to recognize it. He stated ultimately he can't tell
them that the City will pay this obligation because there are a number of factors that go into estimating it, the
least of which is the investment rate of return. He stated if the investments perform better than the actuary
has estimated, they may pay less than this; if they perform more poorly, it may cost more. He stated in any
event, it will be over many years that this obligation gets liquidated. He answered questions from the
Commission.
B. Proclamation-National Kids to Parks Day
Mayor Woods read the Proclamation proclaiming May 16, 2015 as National Kids to Parks Day and presented
it to Timmy Johnson, Director of Recreation Programs and Special Events. Mr. Johnson summarized the
activities that will be forthcoming in the parks on May 16.
C. Presentation from Purvis Gray regarding the Audited Financial Statement ofFY2013-2014.
This item was taken out of sequence and acted on earlier in the meeting.
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the
process for public comments.
Marilyn Ormond, 1995 Brista De Mar Circle, spoke in support of the trees. She stated she was concerned
whether she should trust a tree trimmer who tells her to remove a tree and asked if the City has someone who
could tell her whether she really needs to remove a tree. She stated she just wants to make sure if she has to
remove a tree, that it is coming down because it needs to come down. She further stated Seminole Rd. needs
to be repaved.
Cathy Gay, 28 17th Street, stated the police department engages in bingo ticketing and related an experience
she had with the police ticketing her. She also related an experience she had with an unleashed dog that
attacked her dog while she was walking her dogs on a leash, resulting in the death of the unleashed dog and
serious damage to her hand. She stated she received a citation on her dog, Rusty, who was not even involved
in the incident, declaring him dangerous. She stated her complaint is about the process.
Judy Sheklin, 1985 Brista De Mar Circle, spoke in favor of providing more protection for legacy trees.
She also spoke against the amendment that the Commission only be elected by those in their district.
Margo Mudge, 1549 Ocean Blvd., related an experience regarding a tree on the side of her property that a
developer of the property next door had removed down to two stumps against her wishes. She submitted a
copy of the incident report and photos.
Katie Armstrong, 1116 Linkside Court W., spoke in favor of the trees and related a positive experience she
had while volunteering with the tour of the parks. Stated she is in favor of protecting our trees in any way
they can.
Mitch Reeves, 1663 Sea Oats Drive, stated it was a nice report from the audit and thanked the Commission
for keeping us within the budget but asked that they stress reducing the millage next year and not have a roll-
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back. Stated they need to do whatever they can to keep the pension rolling, because they have made an
obligation to our law enforcement and to our employees. Stated Timmy Johnson does a great job in the
parks. He stated a lot of people enjoyed the Arts in the Park and they need to continue it. Stated he believes
it is fair to have the districts vote for their representatives. Stated he was surprised they didn't look at going
to seven Commissioners and believes it would be the right thing for the City.
Richard Ouellette, 1060 Seminole Rd., called their attention to former Mayor Billy Howell, who is now a
hospice patient and asked that they pray for his wife and family and for a peaceful death for him. He asked
that they find a way to express gratitude for his service to Atlantic Beach.
Diana Haramboure, 420 Snapping Turtle Court E. stated she in favor of the ordinance that strengthens the
safeguards for the tree canopy and asked the Commission to please consider that carefully.
Michael Sheklin, 1985 Brista De Mar Circle, asked that the Commission please strengthen the tree
ordinance. Stated we do have a good tree ordinance but also have a lot going on in terms of construction and
there are a lot of trees being cut down.
Steve Fouraker, 387 6th St., stated he agrees with Kathy Gay and believes the whole process in declaring a
dog dangerous needs to be reviewed. He asked that the Commission review that whole investigational
process, including witness credibility and the adjudication process. He stated a miscarriage of justice is
happening here. He also agreed with the sentiments for Billy Howell, stating he is an incredible man. He
asked that the Commission pass the tree ordinance, as written, stating he believes it is a good beginning. He
stated there are a lot of people developing who don't care about our environment here. He stated many
people talk about how this conflicts with property rights, but what this is really is community rights. He
stated the legacy trees they are going to try to protect with this ordinance belong, in a sense, to the whole
community because they affect everything else, including our wildlife and birds. He stated he urges the
Commission to pass this ordinance and tighten this thing up.
Mike Whalen, 1420 Mayport Rd., stated he doesn't believe the tree ordinance is strong enough. He also
stated he got tired of waiting for anyone to do anything so he personally planted eight 100 gal. trees on his
property, and 300ft. of shrubs. He stated he has found that there is no vehicle for small businesses on the
Mayport Corridor to communicate with the City. He stated he believes the best way to clean it up is to work
with the small businesses on the Corridor; give them some vehicle to communicate. He stated they have
already taken a big hit at 201 Mayport Road where they were allowed to cut 50 palm trees down. He stated
he believes there should be some vehicle where they should be able to save those trees; i.e. as a business
owner, if he wanted to approach a building that is being tom down and say he would like to purchase those
trees and move them to his property or to City property. He asked that they don't forget about the small
business owners on the Mayport Corridor; they would like to work with the City on beautifying Mayport
Road through trees and shrubs.
Douglas Speed, 1207 Seminole Rd. spoke in favor of the tree ordinance. Stated he was concerned about the
City taking the trees on Seminole Road down for a bike path and asked if the City will be held to the same
requirement as a homeowner when the tree is on their right-of-way.
John November, 647 Beach Ave., stated he represents Atlantic Beach Canopy, a community group of
concerned citizens that has come together to dedicate themselves to protecting our quality of life here in
Atlantic Beach by protecting our canopy, and asked that the members of the group stand up. He spoke in
favor of the tree ordinance stating they need to continue to be responsive to citizens rights and property rights
but they need to keep the control on developers who are coming in and clear cutting and believes this
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ordinance closes a very well known loophole and does a great job of protecting those huge legacy trees. He
stated there is more to do; there are enforcement measures that need to get put in place, refinement of the
ordinance, i.e. if we had a strong boundary ordinance in place it would have been very clear what the law
states and if a trunk is on your boundary you have to sign off on it getting cut down. He thanked the staff and
Commissioners for all the hard work they have done on this. He also thanked the Atlantic Beach Canopy
members for being here.
No one else from the audience spoke, so Mayor Woods closed the Courtesy ofthe Floor to Visitors.
Item 8B was taken out of sequence and acted on at this time.
B. Police Building Status Update.
Public Works Director Doug Layton introduced the representatives from Clemons, Rutherford & Associates
(CRA), Blakeley Bruce, Bill Rutherford, and Bobby Baker, stating they would give a status report on the
police building. Mr. Bruce gave a slide presentation to update the Commission on what they have been
working on with the police building (which is attached and made part of this Official Record as Attachment
A). He explained in detail the floor plan for the proposed new building, stating it is a little different from
what was in the agenda packet in that some square footages and areas of the building have gotten smaller. He
also showed slides of the front and side elevations, and explained the construction cost model, total project
cost and the schedule for the design and construction phases. Mr. Bruce answered questions from the
Commission. Discussion ensued.
Chief Michael Deal stated they are very excited about this layout and the work that has been done. He stated
they have created more efficient work space that he believes will allow them to bring some volunteers in to
work in the department. He stated they are pleased with this plan and believe it will be very good for the
department.
Mayor Woods stated she is much happier with this proposal than any seen to date. She stated at any time
there is anything slowing them down they can call her directly so they can keep this project moving. She
asked if the Commission gave their consensus to accept their plan and continue moving it forward. It was the
consensus to do so.
Item 3E was taken out of sequence and acted on at this time.
E. Selection of Construction Management Services for Police Building Expansion and Remodeling.
Mr. Layton explained the Construction Manager will be selected by qualifications and will work with us in
predesign. As CRA puts the construction packages together they will go out for bid to subcontractors and
they will be rolled up under the construction manager contract. He stated right now they are just asking for
the Commission to allow staff to contract with them for preconstruction services and staff will come back to
the Commission with a guaranteed maximum price from the construction manager. He stated all they are
asking for at this time is approval of their selection and to allow staff to contract them for preconstruction
services.
Motion: Authorize staff to negotiate with the firms in order of their rankings for Construction
Management predesign services for the expansion and remodeling of the Police Facility and to
authorize the City Manager to sign an agreement with the selected vendor to perform these services in
an amount not to exceed $35,000.
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Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Mr. Layton introduced Paul Hoffman who is the Project Manager for the firm they just selected.
3. Unfinished Business from Previous Meetings
A. Wind Shutter Replacement Panels.
Mr. Layton summarized his staff report, stating there is a $5,000 deductible that the City has to pay.
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Motion: Approve City Manager to purchase the replacement shutters in the amount of $14,684, as
recommended.
Moved by Mark, Seconded by Beckenbach
Commissioner Mark asked why this came before the Commission since it was under the City Manager's
threshold for approval. Mr. VanLiere stated they wanted to make the Commission aware that it happened
and these were not items that were in the budget and they will be purchasing them with the insurance
proceeds. He stated they will see this again in a mid-year budget modification as they match the insurance
proceeds with the expenses.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. 201 Mayport Road PLAT.
Building and Zoning Director Jeremy Hubsch stated he is requesting a vote to approve the 201 Mayport Road
PLAT. He stated he has no issues with it.
Motion: Approve 201 Mayport Road PLAT as recommended.
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
C. Naming of Fountain in the Mayport Road Retention Pond.
Mr. Layton, summarizing his staff report, stated the veterans contributed $2,500 to get started with this and
wanted to put a plaque on it with their logo and the City's logo, calling it the Freedom Fountain.
Motion: Approve the name "Freedom Fountain" and placement of a new sign as requested.
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Moved by Mark, Seconded by Daugherty
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Commissioner Hill thanked the veterans for their efforts, stating $2,500 is a great deal of money to them.
Mayor Woods agreed and thanked them for the beautification of their local community too.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
D. Amendment to Atlantic Beach Country Club Master Agreement.
Mr. Van Liere explained the amendment which will allow the Country Club to come in under our rate
structure that was adopted earlier this year.
Motion: Approve the Mayor to sign the amendment to the Master Agreement between the City of
Atlantic Beach, Florida and the Atlantic Beach Country Club and Atlantic Beach Partners, LLC.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
E. Selection of Construction Management Services for Police Building Expansion and
Remodeling.
This item was taken out of sequence and acted on earlier in the meeting.
4. Consent Agenda
ALL MA TIERS 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 Building Department Monthly Report for March 2015.
B. Declare the list of property as surplus so that it may be disposed of in the most beneficial way
to the City.
C. Acknowledge Receipt of the 2014 Water Audit Summary.
D. Acknowledge Receipt of the 2014 Annual Water Quality Report.
E. Accept the FY 2013-2014 Audit Report.
Mayor Woods read the Consent Agenda.
Motion: Approve Consent Agenda Items A-E as read.
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Moved by Daugherty, Seconded by Hill
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 15-04
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A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO ENTER INTO A GRANT
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, FLORIDA FOREST SERVICE.
Mayor Woods read Resolution No. 15-04 by title.
Mr. Hubsch stated they are trying to do a tree canopy management plan with Charlie Marcus who is an
arborist. He stated this is an urban forestry grant from the State and explained the Resolution must be
approved to allow the City to be able to apply for the grant.
Motion: Approve Resolution No. 15-04 as read.
Moved by Mark, Seconded by Beckenbach
Commissioner Hill asked what percentage of what amount will the grant cover and what will it cover. Mr.
Hubsch explained it is a 50% match but they can use in-kind donations of staff time, as well as tree plantings,
so they are going to use tree plantings that they are going to do and staff labor to offset some of the cash
match. He stated the amount is $5,000 cash and $5,000 in-kind and they are going to get $10,000 worth of
services including a comprehensive corridor management study from Charlie Marcus that will focus on
Atlantic, Seminole, Mayport, and others.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
A. Ordinance No. 12-15-04, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH THE
CITY OF JACKSONVILLE PROVIDING FOR THE ANNEXATION OF CERTAIN LANDS
FROM THE CITY OF JACKSONVILLE TO THE CITY OF ATLANTIC BEACH UPON WHICH
THE DEVELOPMENT OF THE ATLANTIC BEACH COUNTRY CLUB FORMERLY KNOWN
AS SELVA MARINA COUNTRY CLUB IS BEING REDEVELOPED BY ATLANTIC BEACH
PARTNERS, LLC; PROVIDING AN EFFECTIVE DATE.
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Mayor Woods read Ordinance No. 12-15-04 by title. She opened the Public Hearing. No one from the
audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 12-15-04 as read.
Moved by Mark, Seconded by Daugherty
City Attorney Rich Komando explained the Interlocal Services Boundary Agreement is one avenue toward
annexation. He stated it is a contemplation between two local governments that allows for the provision of
services. He stated after this agreement is in place, we can take the next formal steps toward the property
being annexed, which will be followed by changing our future land use designation and zoning requirements
so they would conform to our City. He answered questions from the Commission.
Commissioner Beckenbach thanked staff for looking up the information that was required pertaining to the
fire house situation. He asked the City Manager to explain that for the citizens.
Mr. Van Liere explained this passed the Rules Committee in Jacksonville and stumbled in the Finance
Committee a couple of weeks ago. He stated they had issues with the cost of providing fire service. He
stated what came out later was the allocation of calls for service that showed about 60% to Atlantic Beach
and when taking that into consideration that balanced the equation and took the fire costs issue off the table as
a barrier. He stated Councilman Gulliford's office and his staff with the Country Club's attorneys and he
worked together to get some numbers and showed that would be a wash for cost of services to Atlantic Beach
with about $370,000 of expected property tax revenues that would come to us. He stated they also provided
some calculations that indicated, with the increased population of the Country Club on a pro rata basis to our
costs to providing services to all the citizens, that again it would be a wash with $370,000. He stated that
information went to the Finance Committee and to their final committee and they both approved it
unanimously, which puts it on their agenda tomorrow night.
Commissioner Daugherty asked if they are going to have a representative there from the City in case there are
questions that are raised. Mr. Van Liere stated he could go sit through the meeting.
Commissioner Mark thanked Mayor Woods for writing the letter regarding the not so favorable remarks
made by a certain councilwoman and appreciates her voicing that we were not happy with that.
Mayor Woods expressed her appreciation to staff, especially the City Attorney and City Manager who have
worked very hard. Commissioner Mark also thanked Councilman Gulliford, who was the one who really
pushed it on the Jacksonville side. Mr. Van Liere also thanked Councilman Gulliford and his staff.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. Ordinance No. 95-15-109, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER
23, ARTICLES II AND III OF THE CODE OF ORDINANCES, PROTECTION OF TREES AND
NATIVE VEGETATION, TO AMEND SECTION 23-8 DEFINITIONS OF: ATLANTIC BEACH
PROHIBITED SPECIES LIST, ATLANTIC BEACH RECOMMENDED SPECIES LIST,
EXTERIOR ZONE, INTERIOR ZONE, LEGACY TREE, REGULATED TREE, WAIVER;
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AMENDING SECTION 23-21 TO REQUIRE PERMIT WHEN A LEGACY TREE IS REMOVED;
CHANGING CONSTRUCTION EXEMPTION FROM SIX (6) MONTHS TO TWO (2) YEARS IN
SECTION 23-22; ADDING A NEW FEE FOR SINGLE TREE REMOVAL OF LEGACY TREES
TO SECTION 23-26; REVISING THE MITIGATION TABLE IN SECTION 23-33 TO REMOVE
INTERIOR AND EXTERIOR ZONES, CREATING A RECOMMENDED TREE SPECIES LIST,
REVISING THE TREE SELECTION CRITERIA; ADDING THE ATLANTIC BEACH
PROHIBITED SPECIES LIST TO SECTION 23-35; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 95-15-109 by title.
Motion: Approve Ordinance No. 95-15-109 as read.
Moved by Mark, Seconded by Beckenbach
Mr. Hubsch gave a slide presentation explaining the concept of legacy trees. He answered questions from the
Commission. Discussion ensued.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
C. Ordinance No. 5-15-62, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER
14, ARTICLE II, SECTIONS 14-17 AND 14-23 OF THE CODE OF ORDINANCES, ADDING
TWO APPOINTED ALTERNATE MEMBERS TO THE COMMUNITY DEVELOPMENT
BOARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 5-15-62 by title.
Motion: Approve Ordinance No. 5-15-62 as read.
Moved by Mark, Seconded by Daugherty
Commissioner Hill stated this will make a big impact with the pool of talent we have and if it isn't a fit it will
be something they can correct in the future.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
D. Ordinance No. 33-15-19, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING A NEW
CHARTER WHICH AMENDS AND REPEALS ALL FORMER CHARTER PROVISIONS,
INCLUDING THE FORM OF GOVERNMENT, POWERS, THE COMMISSION, THE CITY
MANAGER, THE CITY CLERK, THE CITY ATTORNEY, PUBLIC SAFETY, BUDGET,
FINANCE, ELECTIONS, INITIATIVE AND REFERENDUM, RECALL ELECTIONS,
FRANCHISES, TAX ADMINISTRATION, ZONING, MUNICIPAL BORROWING, SUITS
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AGAINST THE CITY, GENERAL AND MISCELLANEOUS PROVISIONS, WHEN ACT TAKES
EFFECT AND PERIODIC REVIEW; SUBMITTING THE NEW CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL;
PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT;
PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 33-15-19 by title.
Motion: Approve Ordinance No. 33-15-19 as read.
Moved by Mark, Seconded by Beckenbach
City Attorney Komando explained the Ordinance, stating this is the amendment the Commission had decided
would be incorporated into one complete rewrite of the Charter. He stated after approval of the second
reading this will be given to the Supervisor of Elections to put on the ballot. Mayor Woods clarified that the
Commission is not approving these amendments, they are approving putting these amendments on the ballot
for referendum for the citizens to vote on. Mr. Komando stated for any citizen who is interested, between
now and the time it is put on the ballot, is the time to download it offthe City's website or come in and ask
for a copy of it so they can review the changes. Discussion ensued. It was determined that they would
discuss the amendments at the next Town Hall meeting on July 18 at Jordan Park.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
E. Ordinance No. 33-15-20, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING AN
AMENDMENT TO THE CITY CHARTER WHICH WOULD ELECT CITY COMMISSIONERS
FOR SEATS 2, 3, 4 AND 5 BY THEIR RESPECTIVE DISTRICTS; SUBMITTING THE
PROPOSED AMENDMENT FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR
APPROVAL OR DISAPPROVAL; PROVIDING THE APPEARANCE OF THE CHARTER
AMENDMENT ON THE BALLOT; PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 33-15-20 by title.
Motion: Approve Ordinance No. 33-15-20 as read.
Moved by Mark, Seconded by Beckenbach
Discussion ensued with each Commissioner expressing why they agree or disagree with this amendment.
Votes:
Aye: 3 -Beckenbach, Mark, Woods
Nay: 2-Daugherty, Hill
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. Atlantic Beach Country Club-Acceptance of Utilities for Ownership and Maintenance.
Mr. VanLiere explained the Acceptance ofUtilities. He answered questions from the Commission.
April27, 2015 REGULAR COMMISSION MEETING
It was the consensus of the Commission to move this forward to the next agenda for action.
B. Police Building Status Update.
This item was taken out of sequence and acted on earlier in the meeting.
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (April-June 2015)
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Mr. Van Liere reported he passed out an agenda for the Strategic Planning sessions which will be held May 4,
12:30-5:50 and May 5, 8:00-4:00, with a break for lunch.
10. Reports and/or requests from City Commissioners and City Attorney
A. Seaside Community Council.
There was no discussion on this item.
Commissioner Mark
• Stated she is very disturbed about Ms. Gay's comments about the dangerous dog ordinance and will
discuss this with Chief Deal.
• Stated for the record, there were a lot of trees removed at Atlantic Beach Country Club but they
planted over 170 trees and are still planting. She stated they are also looking to get the golf course
Audubon certified and she has been asked to sit on a steering committee to get that done.
• Reported on the presentation she went to that was discussing the Jacksonville Tree Ordinance and that
there should be a Tree Board. She stated with our revamping the Tree Ordinance, we might want to
recreate that Tree Board again.
Commissioner Hill
• Suggested the slogan "To the Trees" for the Canopy group.
• Stated the dog issue concerned him greatly because there were a lot of inconsistencies and issues that
he hopes can be corrected.
• Stated Mike Whalen requested to have some type of conduit between the business owners and the
City and he would like to officially address that.
• Would like to quickly take some official action for Billy Howell. Commissioner Daugherty suggested
they craft a proclamation thanking him for his service to the City. Commissioner Hill stated they
could present something through staff to his home in the next day or so. Mayor Woods stated they
can get a proclamation to him by Thursday and read it formally at the next meeting. She asked that
the City Clerk research his service to the City for the proclamation.
Commissioner Daugherty
• Stated he looked at the report on the tree being cut that the citizen discussed and they were probably
within their rights. He stated he was concerned about her statement that Officer Harding was laughing
and joking with the tree people and this is a behavior he has seen several times with our police
department. He stated he hopes that will be addressed.
April27, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM # lA
MAY 11,2015
Page 12
• Asked to have a thank you letter and plaque made for the VFW for their contribution for Freedom
Fountain for the next agenda.
• Stated he believes there should be some kind of notice for people buying property in Atlantic Beach
that they will be under very strict regulations under the Tree Ordinance. Mayor Woods stated she is
having heartburn with him describing them as very strict regulations; she believes it is a very good
recommendation and middle road. She also believes it would be unethical to inform a home owner of
what they could and couldn't do on the property and also there is a thing called buyer beware. She
stated if you are investing in a property, it behooves you to look into the community you are moving
into to see if you have any concerns. Commissioner Hill stated to his point, if you move from
somewhere that didn't have any protection, it would be a shock. Mayor Woods stated we are looking
at resecuring our Tree City designation and with that you put it in your literature, on the website, etc.
Discussion ensued.
Commissioner Beckenbach
• Congratulated and thanked the Commission for working together for the police building.
• Thanked everyone for moving forward with the Tree Ordinance.
City Attorney Komando
• Has prepared a proposed order for the variance appeal hearing that was conducted last week which he
will present to the Mayor. He stated it is a formality to memorialize the discussion and the decision.
City Manager Van Liere
• Thanked everyone for their help and believes the public comments earlier in the meeting were pretty
brutal and asked that they keep in mind that there are two sides to every story and there are a lot of
facts that weren't mentioned and when they understand what happened they might have a different
viewpoint on it.
Mayor Woods
• Expressed her concern to Billy Howell and his family, stating all of our hearts go out to them and
wish them the best on their journey.
• Referring to some comments about large houses and runoff problems, reminded everyone why there is
a zero runoff policy for new houses.
• Liked Mike Whalen's idea of a tree trade and might be an idea the community could buy in to as well
as the comments about engaging our business community.
• Referring to the woman's comments about the tree on her property, she asked if they can override that
State law. Mr. Komando stated no.
• Encouraged the Commissioners to have a discussion with Chief Deal about the issue of bingo
ticketing.
• Congratulated everyone on the fmancial audit.
• Doesn't believe the bike path will remove the trees on Seminole Rd. and hopes that they ensure that is
not the outcome of any such project.
• Reported on the two trees planted in Howell Park on Earth Day.
April27, 2015 REGULAR COMMISSION MEETING
Adjournment
AGENDA ITEM # IA
MAY 11,2015
Page 13
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 9:31 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
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