Item 1A - 10-12-15 MinutesIN ATTENDANCE:
Mayor Carolyn Woods
MINUTES
REGULAR CITY COMMISSION MEETING
October 12, 2015
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson Van Liere
AGENDA ITEM #lA
OCTOBER 26, 2015
Mayor Pro Tern Mark Beckenbach
Commissioner Maria Mark
City Attorney Richard Komando
Recording Secretary Nancy E. Bailey
ABSENT:
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Call to Order/Pledge:
Mayor Woods called the meeting to order at 6:30p.m. Mayor Woods led the Invocation, followed by the
Pledge of Allegiance to the Flag. Mayor Woods announced that due to some technical difficulties with our
notification of public notices there will be no action on the Ordinances under 7 A and 7B tonight.
1. Approval of Minutes
A. Approve the minutes of the Commission Meeting of September 28,2015.
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 Debus, 2038 Wyndham Hollow Court, Jacksonville, spoke in support of the fracking resolution and
thanked the Commission for their support of it.
Chris Jorgensen, 92 W. 3rd St., reported on a Beaches Education meeting he attended and also stated he had
lived across from a gas station and never had a problem.
Mitch Reeves, 1663 Sea Oats Dr., reported on the Ferry Fest thanking Commissioner Mark for attending
and thanked the City for working with them to help put it on. He also congratulated Police Chief Deal and
Timmy Johnson on the festival at Donner Park.
Joe Nolan, Chaplain for American Legion Post 316, stated for the record that they do oppose having their
entrance on 1st Street closed.
Mike Borno, 223 Ocean Forest Dr. N., stated he was here at the request of the First Class Commander of
American Legion 316 who received a letter from the City of Atlantic Beach stating that the 1st Street north
exit behind the American Legion 316 was being contemplated to be closed. He stated, although he has been
told this in not true, he wanted this to be on record so they could take a look at that. He stated they are
confused as to why letters are going out if it is not the case and is requesting that the City do some research
on this.
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Diana Townsend, 266 Poinsettia St., stated she was speaking on behalf of the Saltair community related to
the ordinance that was on the agenda. She stated the residents of Saltair are concerned that the traffic patterns
in their community may change if the gas station is allowed to go forward and they would like some
clarification on that.
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 1822 Seminole Road.
Public Works Director Doug Layton explained this was the driveway they discussed at the last meeting and
there wasn't anybody against it.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Motion: Approve waiver to City Code Section 19-7 for 1822 Seminole Road.
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 3-Beckenbach, 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 Public Works Project Status Report through 9-28-15.
B. Approve the extension of the contract with Beachcombers North, Inc. for Beach Cleaning for
one year, from November 1, 2015 through October 31, 2016, at the current level of service of
4-5 trash pickups per week and raking on an event basis as directed (Bid No. 1213-13).
Mayor Woods read the Consent Agenda.
Motion: Approve Consent Agenda Items A and B as read.
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 3 -Beckenbach, Mark, Woods
Nay: 0
MOTION CARRIED
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OCTOBER 26, 2015
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5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 15-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING EXTREME
METHODS OF OIL AND GAS EXTRACTION, INCLUDING HYDRAULIC AND ACIDIC
FRACTURING OR "FRACKING" WITHIN THE STATE OF FLORIDA AND ITS ADJACENT
WATERS.
Mayor Woods read the Resolution by title.
Motion: Approve Resolution No. 15-10 as read.
Moved by Mark, Seconded by Beckenbach
Commissioner Beckenbach discussed the unintended consequences that come about with fracking and he
believes they should be taken into consideration especially when it has to do with the drinking water. He
stated he is all in favor of having the State put some restrictions on fracking in Florida.
Commissioner Mark stated she presumes that, once they pass the resolution, they will send a copy to our
elected representatives in Tallahassee. Mayor Woods agreed.
Mayor Woods stated this is one of those things that unless you can absolutely certify that there is no harm
that is going to be done to our potable water supply that they should not be fracking and, therefore, she is
wholly in support of this resolution.
Votes:
Aye: 3-Beckenbach, Mark, Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
A. ORDINANCE NO. 95-15-111, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER
24, ARTICLE II OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO
AMEND SECTION 24-84, DOUBLE FRONTAGE LOTS; AMENDING SECTION 24-161, OFF-
STREET PARKING AND LOADING; AMENDING SECTION 24-177 BUFFER DESIGN
STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Woods stated Ordinance No. 95-15-111 will be deferred until the next meeting.
B. ORDINANCE NO. 95-15-112, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER
24, ARTICLE IV OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO
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AMEND SECTION 24-233, MAINTENANCE SECURITY; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods stated Ordinance No. 95-15-112 will be deferred until the next meeting.
8. Miscellaneous Business (Discussion only)
A. Natural Gas Franchise.
Public Works Director Doug Layton explained our franchise agreement is with Teco Gas, who uses
our rights-of-way to serve our citizens and they pay the City a percentage of their net profits,
approximately $10,000/year. He stated this is a renewal of that agreement for another 15 years. He
answered questions from the Commission.
It was the consensus of the Commission to move this item forward to the next agenda for action.
9. City Manager
A. 90-Day Calendar (August through October 2015)
Mr. VanLiere reported, on November 9, they will have a photographer here at 4:45p.m. to take pictures of
the new Commission.
B. Update on FIND grant.
Mr. VanLiere reported that FIND approved the grant for Dutton Island Road improvements for $270,000.
He further reported, from the previous meeting, that they are still doing research regarding whether the
Cloister needed the City's permission to open the gate.
He also reported on the request, from a few meetings back, for historical markers for Camp Atlantic Beach.
He stated there is a grant program and Yvonne Calverley has been working on the application.
He stated the Finance Director is finishing the budget documents which will be posted on the website in the
next few days.
Regarding the address change, they contacted the City of Jacksonville to get their support for doing this and
Mr. Gulliford has sponsored the resolution which should be on their Council meeting tomorrow night.
10. Reports and/or requests from City Commissioners and City Attorney
City Attorney Komando
• Related to the Cloister, he stated he has researched this matter and, at this time, he believes the
Cloister needs to file a formal application to amend the PUD to allow the gate to open. He stated this
will need to go through the standard City process, i.e. posting the signs, mailings, send to Community
Development Board for review, etc. Discussion ensued.
• Stated following the last Commission meeting, he was served electronically with a lawsuit on a public
records demand. He stated it appears the City did not tum over everything and in the process we are
the subject of a lawsuit. He stated since that time they have gotten those records very quickly and
provided them to the person who made the demand. He stated, however, in any public records lawsuit
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there is an entitlement of fees. He stated after speaking to the attorney to settle this matter, an offer
was made to pay the $400 filing fee and one hour of legal time at $350/hour. He stated he is
recommending that Mr. Van Liere pay that and asked that the Commission vote to approve that
settlement. Discussion ensued. It was the consensus of the Commission to approve payment of the
settlement.
Mayor Woods
• Thanked everyone for coming in at 7:30 instead of 6:30, stating they will be back to the regular time
at the next meeting.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 8:02p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer