Item 1A - 5-11-15 MinutesIN ATTENDANCE:
Mayor Carolyn Woods
MINUTES
REGULAR CITY COMMISSION MEETING
May 11,2015
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson Van Liere
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Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
City Attorney Richard Komando
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Call to Order/Pledge:
Mayor Woods called the meeting to order at 6:30p.m. Mayor Woods read a proclamation in recognition of
and in respect for former Mayor Billy Howell who recently passed away and asked for a moment of silence.
Commissioner Daugherty 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 April27, 2015.
B. Approve the minutes of the Special Called Commission Meeting of April 22, 2015.
Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor
Woods stated the minutes will stand as submitted.
2. Courtesy of Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the
process for public comments.
Bishop Percy Golden, 1700 Francis Avenue invited everyone to the 11th annual Gospel in the Park held in
Jordan Park on May 16 from 9:00a.m. to 6:00p.m. and thanked the City for supporting them over the years.
Chris Jorgensen, 92 W. 3''d St., thanked the Commission for putting some of the items from the Charter
review on the ballot. He stated he does not believe the tree ordinance is necessary. Stated he would like a
sidewalk put in on Club Drive so the condo in that area could open the south gate and alleviate the traffic
congestion on 1oth. He stated he would also like to see a bike path on Seminole Road to Hanna Park. He
stated he also likes to see district representatives elected by their districts on the ballot.
Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the tree ordinance and stated she hopes the
Commission will support that again.
Michael Hoffmann, 176 Camelia Street, addressed the comment made at the last meeting that voters in
Atlantic Beach do not understand the proposed changes to the electoral system and are likely to vote in favor
of single-member districts. He referred to the past referendum to add a residency requirement which passed
by a vote of 11 00 to 1000. He stated, afterward, there was some support on the Commission to use their
power in the Charter to overturn the results of the referendum but that failed due to public outcry. He stated
there are new residents in Atlantic Beach since that time who may need to be educated on the subject but the
referendum is three months away which is plenty of time to have another community debate. He stated the
assumption that the Atlantic Beach electorate is ignorant of ramifications of single-member districts and
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therefore will support the proposed change to single-member districts ignores the history of the subject and
denigrates the intelligence of the electorate. He stated there was also a comment made that the proposal to
alter the electoral system to single-member districts is a partisan effort directed by opponents of one
Commissioner. He explained the history of the initiative to abolish the at-large electoral system which began
in 2000. He stated the Commissioner who today holds the seat from the west side is unlikely to have been
elected without a residency requirement because of the pattern of low voter turnout on the west. He stated a
failure of this Commissioner to obtain a majority of votes from the precinct where he resides in two elections
is a classic example of vote dilution, which deprives the precincts' residents of actual representation. He
stated he hopes the Commission will approve putting this measure on the ballot.
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
A. Presentation by Denise Bunnewith from North Florida TPO of the Transportation
Improvement Program (TIP) for Fiscal Years 201512016 through 201912020.
Mayor Woods introduced Denise Bunnewith with North Florida TPO who gave a presentation on the projects
planned and programmed for the beaches area for 2015-2020 including: Atlantic Blvd at ICWW Bridge bike
lane and sidewalk in 2016-2017; Beach Blvd. landscaping project from San Pablo to 12th; funding for Ferry
operations in the 2015-1016 fiscal year; school safety sidewalk project on Sherry Dr. with design in 2015-
2016 and construction in 2017-2018; SR AlA from Seagate to Beach Blvd drainage improvements; installing
rapid flashing beacons and pavement markings for SR AlA Ferry; drainage improvement project on
Wonderwood to replace metal pipes with concrete, followed by a resurfacing. She answered questions from
the Commission and will report back on some follow-up questions asked.
Mayor Woods reopened Courtesy of the Floor to Visitors.
Steve Fouraker, 387 6th St., spoke in favor of the tree ordinance and against district elections. He stated he is
not opposed to it going to the public for a vote but he believes it will do a disservice to our community to
have each Commissioner elected from their district, except for the Mayor, and he is opposed to it himself.
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. Atlantic Beach Country Club -Acceptance of Utilities for Ownership and Maintenance.
Public Works Director Doug Layton explained this is for acceptance of the streets and stormwater. He stated
because part of it currently is in Jacksonville and part is in Atlantic Beach there is a dual letter, which
Jacksonville has signed. He stated following Commission approval we will sign saying we accept the part
that is in Atlantic Beach now and when we annex, we will also accept the other.
Motion: Accept Unit 1 street and stormwater infrastructure in the Atlantic Beach Country Club
subdivision for ownership and maintenance now and accept Unit 2 infrastructure at annexation and
authorize the Public Works Director to execute the attached infrastructure acceptance letter.
Moved by Mark, Seconded by Beckenbach
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Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Woods reported on the signing for the annexation today with Mayor Brown. City Attorney Komando
further explained the process, stating they are now waiting for a petition from the Country Club which is
required for annexation after the Interlocal Services Boundary Agreement is signed. He stated after that
petition is received by the City, we will move forward with an ordinance to formally annex the property into
our jurisdiction. He stated we will then need to make similar changes to the Comprehensive Plan and Zoning
maps. Mayor Woods further explained that the petition is signed by the owners of the property. Discussion
ensued.
Commissioner Mark stated the members of the Club are looking at getting the golf course Audubon certified,
which means they are using all environmentally sensitive chemicals and fertilizers, etc. when maintaining the
golf course. She stated, according to the General Manager, they have passed the first level of certification.
She stated there is a steering committee being formed which she has been asked to sit on.
4.
None.
5.
None.
6.
None.
7.
Consent Agenda
Committee Reports
Action on Resolutions
Action on Ordinances
A. Ordinance No. 95-15-109, Public Hearing and Final 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;
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. She opened the Public Hearing.
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Douglas Speed, 1207 Seminole Road, stated he believes the ordinance is a waste of time. He stated
it is very nice to see the saving of these trees, but it is too late.
No one else from the audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 95-15-109 as read.
Moved by Mark, Seconded by Beckenbach
Building and Zoning Director Jeremy Hubsch gave an overview of the proposed changes to the tree
ordinance. He answered questions from the Commission. Mr. Hubsch read a letter from Larry Figart
of the Agricultural Extension Office, who is in support of the tree code and in favor of the legacy tree
concept and using incentives to get native trees to build our tree canopy back up.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. Ordinance No. 5-15-62, Public Hearing and Final 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. She opened the Public Hearing. No one from the
audience spoke so she closed the Public Hearing.
Commissioner Hill explained the reasons behind the ordinance.
Motion: Approve Ordinance No. 5-15-62 as read.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
C. Ordinance No. 33-15-19, Public Hearing and Final 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
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;
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PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT;
PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 33-15-19 by title. She opened the Public Hearing.
Mitch Reeves, 1663 Sea Oats Drive, stated he believes what is being put on the ballot is too much as listed
and too broad. He stated he is totally against the package deal.
No one else from the audience spoke so she closed the Public Hearing.
City Attorney Komando explained this is the combination of charter amendments that were discussed by the
Charter Review Committee, with the exception of district representation.
Motion: Approve Ordinance No. 33-15-19 as read.
Moved by Mark, Seconded by Daugherty
Discussion ensued. City Clerk Donna Bartle stated the Charter is on the website, but if the Commission votes
to put this on the ballot, she will then state this is going to be on the ballot and provide the language.
Commissioner Mark agreed with Mr. Reeves that the section related to the requirements for hiring the City
Manager could be a separate issue on the ballot. Mr. Komando stated that would require this Ordinance to
come back for first reading. Mayor Woods explained that the changes that were made were to give the
Commission more latitude and she doesn't believe it is an issue. Mayor Woods thanked each member of the
Charter Review Committee. Commissioner Beckenbach agreed stating he appreciates the Charter Review
Committee pushing this issue through. Commissioner Mark stated she believes they lowered the standards
for what the charter originally had for City Manager. Commissioner Hill stated they are talking about the
process which brought over-qualified candidates, which was his concern.
Votes:
Aye: 4-Beckenbach, Daugherty, Hill, Woods
Nay: 1-Mark
MOTION CARRIED
D. Ordinance No. 33-15-20, Public Hearing and Final 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. She opened the Public Hearing.
Douglas Speed, 1207 Seminole Road, stated for these new Commissioners that could be elected for seats 2,
3, 4, and 5, they should not name any parks after them after they die because some things come up in people's
lives that they have nothing to do with and then we have parks named after people who have broken the law;
so they should look at that.
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Chris Jorgensen, 92 W. 3rd Street, thanked the Commission for having this on the ballot. He pointed out
that the west side votes just as much as everyone else in national elections. He stated it has been an issue that
they don't vote much in local elections, simply because they see no representation.
Mitch Reeves, 1663 Sea Oats Drive, stated he does support this amendment because he believes districts
should speak up and speak for their community. He stated he applauds the Committee for bringing this up
and asks each of the Commissioners to pass this and put it on the ballot and let people vote for it.
Steve Fouraker, 387 6th St, stated he believes they are all his Commissioners. He believes as a community
they all need to get out and when there is an election they need to convince all of the citizens that they are
voting for the right people to sit up on this very small Commission. He stated he is opposed to the
amendment.
No one else from the audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 33-15-20 as read.
Moved by Mark, Seconded by Beckenbach
Commissioner Daugherty explained why he is against this, stating he believes it alienates half the City during
an election because only half the districts are voting for Commissioners and if they don't care about the
mayoral race they won't show up.
Commissioner Hill stated he was lobbied by citizens during the last couple of days and is reconsidering his
position on the vote to put it in the citizens' hands. He stated he will work hard, personally, to assure the
citizens understand the ramifications before the election; but it is the citizens' right to vote on it.
Discussion ensued.
Commissioner Daugherty proposed an amendment to Section 3 to change "each commissioner represents" to
"each commissioner will represent". Mayor Woods suggested just scratching "each commissioner
represents". Mr. Komando stated that would not be a substantial change.
Amended Motion: Remove the words "each commissioner represents" on line 5 of Section 3.
Moved by Daugherty, Seconded by Woods
Mayor Woods clarified that it would now read, "Commission seats 2, 3, 4 and 5 will be elected only by the
electors in the respective districts instead ofthe entire electors of the City of Atlantic Beach."
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Commissioner Hill asked if they could limit the amount of money they spend on the elections and campaigns
in Atlantic Beach. Discussion ensued.
Mayor Woods called for a vote on the Ordinance as amended.
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Votes:
Aye: 4-Beckenbach, Hill, Mark, Woods
Nay: 1-Daugherty
MOTION CARRIED
Discussion ensued related to educating the citizens about the referendum.
8. Miscellaneous Business (Discussion only)
A. Sign Amortization.
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Mr. Hubsch gave a slide presentation on the sign amortization, including options for removal of non-
conforming signs. He stated Neptune Beach has decided to remove the sign amortization sunset and will now
allow non-conforming signs to come into compliance as properties tum over, businesses close, when signs
need updating or repair, etc. He answered questions from the Commission. Discussion ensued.
It was the consensus of the Commission to move this item forward with Option 4 -Remove sign amortization
sunset provision and allow signs to come into compliance when they meet removal criteria, (with language
about heritage signs and variance requests) to the next meeting for action.
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (May-June 2015)
Mr. VanLiere reported the Northeast Florida League of Cities dinner is May 21. Mayor Woods stated the
three beach cities will be hosting this dinner at the Casa Marina and invited all Atlantic businesses to
participate. She stated if they are interested in attending, please contact herself or Yvonne Calverley in the
City Manager's office.
Mr. VanLiere thanked everyone for participating in the Strategic Planning. He stated they should have a
summary report from Marilyn Crotty in two to three weeks. Commissioner Hill stated he wants to have a
meeting to discuss the specific items brought up before the budget gets going. Discussion ensued. It was
consensus to have a Workshop at 5:00p.m. on June 22 before the Commission meeting and also tentatively
on July 13.
10. Reports and/or requests from City Commissioners and City Attorney
City Clerk Bartle
• Reported that we currently have one candidate for Mayor, two candidates for Seat 2 and no candidates
for Seat 3. She stated June 5 is the last day to tum in petitions and they have to file paperwork with
her before they can circulate them, that is the last day someone could set themselves up to qualify to
run for office, if they could do all that in one day.
Commissioner Mark
• Reminded everyone, as discussed at Strategic Planning, if they are interested in serving on a FLC
policy committee they have to send their name in and choice of committees they would like to serve
on. She stated May 22 is the deadline to tum your form in.
• Wished Mayor Woods a happy birthday tomorrow.
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Commissioner Hill
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• Stated it has been brought to his attention that there is community-based interest in having a historic
sign/plaque that marks the spot of the military encampment from WWII and asked staff to research
this and bring back to the Commission for action.
• Stated if the Commission has not been to Bishop Golden's event, Gospel in the Park, the music is
world class.
Mayor Woods
• Stated the next Commission Meeting will be on Tuesday, May 27, due to Memorial Day holiday, and
there will be a Memorial Day celebration at Veterans Memorial Park beginning at 1:30 p.m.
• Reminded the Commissioners to let Yvonne Calverley know if they are going to attend the FLC
dinner on May 21.
• Stated Gospel in the Park is outstanding and Bishop Golden has done a wonderful job putting that
together and she hopes everyone makes it out there.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 8:29p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer