Item 1A 8-24-15 MinutesIN ATTENDANCE:
MINUTES
REGULAR CITY COMMISSION MEETING
August 24, 2015
CITY HALL, 800 SEMINOLE ROAD
AGENDA ITEM #1A
SEPTEMBER 14, 2015
Mayor Carolyn Woods
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
City Manager Nelson VanLiere
ABSENT:
Commissioner Mark Beckenbach
Call to Order/Pledge:
City Attorney Richard Komando
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Mayor Woods called the meeting to order at 6:31 p.m. Mayor Woods gave the Invocation, followed by the
Pledge of Allegiance to the Flag.
1. Approval of Minutes
A. Approve the minutes ofthe Commission Meeting of August 10,2015.
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.
John November, 271 East Coast Drive, spoke in favor of the Bennett property project at 280 Camelia,
stating this is the perfect opportunity to boost property values around that park and make that park something
that is really attractive for City visitors and residents.
John Stinson, 150 12th Street, stated he was at the budget meeting where the projection of annual required
contribution and actuarial accrued liability was presented, and he would like to see what this spreadsheet
looks like ifthey use a 4 ~-5% return on the investment instead of7%.
Chris Jorgensen, 92 W. 3rd St., addressed the danger at the five-way stop, the traffic on Seminole and
Sherry, and the sidewalk on Club Drive.
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. Public Hearing-Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a
Circular Driveway at 800 Sherry.
Director of Public Works Doug Layton explained the waiver request.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
August 24, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
SEPTEMBER 14, 2015
Page2
Motion: Approve requested waiver to City Code Section 19 as requested in the waiver application for
800 Sherry.
Moved by Mark, Seconded by Daugherty
Commissioner Hill asked what the tree mitigation was for the tree that was declared diseased. Mr. Hubsch
stated the normal mitigation is 2-1 and if they wanted to make it a condition for approval, they could say that
they would have to replace the tree at a 2-1 ratio. He stated, however, he was not aware of the tree issue.
Discussion ensued. Terry Brown, the owner, stated the plan for the driveway doesn't require them to take out
the tree. Commissioner Hill stated if that is the case, his comments are not relevant; he just didn't want to
give a waiver for something that cost a tree.
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. Public Hearing -Use-by-exception 15-UBEX-1043 to permit a veterinary clinic within the
Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 1.
Mr. Hubsch summarized the use-by-exception stating the Community Development Board (CDB)
recommended approval 5-0 with the conditions attached and staff recommends those conditions as well.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Motion: Approve the use-by-exception 15-UBEX-1043 with conditions that: 1.) The applicant ensure
sanitary conditions outside their unit by installing and maintaining pet waste stations in adjacent
landscape areas and installing an exterior hose to clean hard surfaces; and 2.) The applicant installs
sound proofing in walls adjoining neighboring units.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
4. Consent Agenda
ALL MATTERS 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 Activity Report and Monthly
Financial Report for July 2015.
August 24, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
SEPTEMBER 14, 2015
Page3
B. Extend the contract for one year at the current prices, term being August 27, 2015 to August
26, 2016, to Moline Electric Motor & Machine, Inc. for City Bid No. 1112-08 Repair of
Electrical Motors & Pumps.
C. Approve the 4th Amendment to the PCS agreement and authorize the City Manager to execute
the amendment.
Mayor Woods read the Consent Agenda.
Motion: Approve Consent Agenda Items A, B and C as read.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 15-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE
MAYOR TO EXECUTE AN AMENDED INTERLOCAL COOPERATION AGREEMENT WITH
THE CITY OF JACKSONVILLE RELATING TO COMMUNITY DEVELOPMENT BLOCK
GRANTS (CDBG) AND THE HOME INVESTMENT PARTNERSHIP (HOME), CLARIFYING
RESTRICTIONS FOR THE TRANSFER OF CDBG AND HOME FUNDS; PROVIDING AN
EFFECTIVE DATE.
Mayor Woods read the Resolution by title.
Motion: Approve Resolution No. 15-09.
Moved by Mark, Seconded by Daugherty
City Attorney Komando explained this Resolution is to update the agreement we have with Jacksonville
based on the new requirements that have come down from Federal HUD, so it just brings their contracts into
compliance if they were all being reviewed.
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
None.
8. Miscellaneous Business (Discussion only)
August 24, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
SEPTEMBER 14, 2015
Page 4
A. Use-by-exception to permit on-premises consumption of alcoholic beverages within the
Commercial General (CG) Zoning District at 28 Sherry Drive (15-UBEX 1042).
Building and Zoning Director Jeremy Hubsch summarized the use-by-exception request. He showed slides
of the site plan and renderings of the hotel and the zoning district map. He stated the CDB recommended
approval with a vote of 5-0 with conditions, which he explained. Discussion ensued regarding the maximum
of 35 people in the lounge. Mr. Hubsch answered questions from the Commission. Greg Schwartzenberger,
428 Laura St., Neptune Beach, the owner of the hotel, stated the intended goal of the lounge and selling beer
and wine to their guests is to provide an additional amenity for their guests; they don't want the lounge to be
opened to the public. He answered questions from the Commission. Discussion ensued.
It was the consensus of the Commission to move this forward to the next agenda for action.
B. Request for a Height Waiver at 1089 Atlantic Boulevard.
Mr. Hubsch summarized the request for the height waiver for two elevator shafts showing slides of an aerial
view, street view, sight line, location of the shafts, etc.
Representing the property owner, Randall Whitfield and Shalene Estes of Ashland Investments, 7880 Gate
Parkway, Jacksonville, also gave a presentation with slides further explaining the request for the height
waiver. Mr. Whitfield and Mr. Hubsch answered questions from the Commission. Commissioner Daugherty
disclosed that he used to work with Mr. Ashourian's brother, Ed Ashourian. Commissioner Hill also
disclosed he has a storage unit with them on the north side of Jacksonville. Discussion ensued.
It was the consensus of the Commission to move this forward to the next agenda for action.
C. Discussion on purchase of Bennett Property at 280 Camelia Street.
City Manager Nelson VanLiere stated Mr. November and Commissioner Daugherty have contacted the City
about a short sale/purchase contract arrangement with Mr. Bennett and the question is whether the
Commission wants to move forward to try to acquire this property or not. Mayor Woods stated the question
would be whether they would put it on the agenda for the next meeting to authorize the City Manager and
City Attorney to begin negotiations to purchase the property. Commissioner Hill asked if the immediate
neighbors who will be affected have been asked if they have any problems. Mr. November, representing the
seller, stated he has had multiple discussions with the neighbors explaining safety was their concern.
Commissioner Daugherty stated Mr. Bennett is agreeable to a short sale which allows the City to get the
entire parcel at a lower price. Discussion ensued. Mayor Woods recapped that they will get an official City
notification sent to people who will be affected within 300 ft of the property; Mr. November will circulate a
petition for the park to be developed from these same neighbors; and the Commission will give the okay for
the City Manager and City Attorney to negotiate. Mr. Komando stated they should start by getting their own
appraisal and it should express what the property is worth with house removed. Further discussion ensued.
It was the consensus of the Commission to move this forward to the next agenda for review of a contract for
action. Mr. Van Liere asked, as far a funding goes, would the condition be subject to funding. Mr. Komando
stated there will have to be some conditions included in the contract, but believes they can work those out and
that should be one of the conditions. He stated the contract would have to be contingent on Commission
approval.
August 24, 2015 REGULAR COMMISSION MEETING
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (August through October 2015)
AGENDA ITEM #lA
SEPTEMBER 14, 2015
PageS
City Manager VanLiere reported Michael O'Shields has left Morgan Stanley, who is the money manager for
the Police and General Employees Pension Plans. He also reported the Blue Collar Union has given the City
notice that they will renew the contract with the raises that are in the budget. He stated they are still working
on the Police Union contract. There was legislation passed that will require us to negotiate one item having
to do with the 185 money for the Police. Mayor Woods reminded everyone that a few years ago they did
make major changes to the pension plan, closing the employee plan to non-vested and new hires and they
renegotiated and restructured the benefit package reducing those benefits. She stated the City's promise to
the employees going forward was that they would now be able to give raises, which they had not been able to
do for a number of years, so she is happy to see us being able to fulfill that obligation and intention.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Daugherty
• Stated he will not be here for the October 12 meeting; he is getting married the day before.
Commissioner Mark
• Reported on the Florida League of Cities Annual Conference she attended and the Growth
Management and Economic Affairs Committee she sat on. She stated everything is on their website.
• Stated they may need to change the October 3 Town Hall meeting because she has another
commitment for that day.
Commissioner Hill
• Stated tomorrow is Election Day and it is your duty to vote tomorrow.
City Attorney Komando
• Stated he sent out an update that the Special Magistrate has responded to the dangerous dog appeal.
He stated at this point they are just going to wait for the judge to make a decision but will keep the
Commission updated.
Mayor Woods
• Urged everyone to get out to vote.
• Stated they have received a request on the Salt Air drainage improvement plan. She stated some
neighbors on Sylvan St. have put together a petition stating they are happy with their street the way it
is and don't believe they have drainage problems and are asking that the City stop the project there.
Mr. Layton stated at this point nothing has been done there; it is a bid alternate and it can be deleted,
but it needs to be done tonight. Discussion ensued. Mr. Layton stated the contractor hasn't started on
either Sylvan or David yet and he can tell him first thing in the morning not to do them if that is what
they want. Mr. Komando asked if Mr. Layton can inform them that there is consensus and the formal
vote will be in two weeks. He stated then if there is any public who wants to comment, that will give
them opportunity to come and address it. Mr. Van Liere stated Sylvan and David were deductive
alternates from the bid that was awarded. Further discussion ensued. Mayor Woods stated they need
to have an emergency vote to put it on hold until they are able to contact all the residents because the
petition she is looking at only has people on Sylvan and it doesn't say don't do David. Mr. Layton
stated if he tells the contractor to stop, he will demobilize and we would pay him to come back. He
August 24, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
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stated he really needs guidance tonight if they want to delete them. A map of the area was put on the
overhead. Mayor Woods read the petition in its entirety. Further discussion ensued.
Motion: Call an Emergency Vote to cancel the project.
Moved by Woods, Seconded by Mark
Votes:
Aye: 4-Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Motion: Delete Sylvan and David from the Salt Air Drainage Project but finish up, clean up and repair
driveways as needed.
Moved by Daugherty, Seconded by Hill
Votes:
Aye: 4 -Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 8:14p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer