Loading...
Item 1A - Minutes 11-23-15MINUTES REGULAR CITY COMMISSION MEETING November 23,2015 IN ATTENDANCE: Mayor Mitchell E. Reeves Commissioner Jimmy Hill Commissioner John Stinson Commissioner M. Blythe Waters CITY HALL, 800 SEMINOLE ROAD City Attorney Rich Komando City Manager Nelson VanLiere City Clerk Donna Bartle Recording Secretary N arrey E. Bailey AGENDA ITEM #1A DECEMBER 14, 2015 Mayor Reeves welcomed the audience and explained the process for distributing information during public comments. Invocation and pledge to the flag Bishop Percy Golden gave the Invocation, followed by Clarence Hill, past National Commander of the American Legion, leading the Pledge of Allegiance to the Flag. City Clerk Bartle called the roll. Call to Order: Mayor Reeves called the meeting to order at 6:34 p.m. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting ofNovember 9, 2015. Mayor Reeves asked for a motion to approve the minutes. Motion: Approve the Minutes of November 9, 2015. Moved by Hill, Seconded Waters Votes: Aye: 4-Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 2. Courtesy of Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. He explained the process for public comments. Jonathan Daugherty, 830 Hibiscus Street, stated he turned in his resignation today (which is attached and made part of this Official Record as Attachment A), explaining to the audience his reasons. He thanked the citizens for their support. He further addressed the Commission stating he believes the Marsh is one of the biggest assets to his neighborhood and encouraged the Commission to continue working on the Marsh, pedestrian safety and the CRA. He suggested Mike Townsend be considered as his replacement. Mayor Reeves stated they wish him nothing but the best with his new wife and new life. Theresa Flores, 233 Belvedere St., congratulated Mr. Stinson, Mr. Reeves and Ms. Waters. She discussed the Seminole Road project, stating it started almost 2 years ago and is still in progress. She stated she saw no November 23,2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A DECEMBER 14, 2015 Page2 standing water on Seminole but did hear about flooding elsewhere. She stated with Seminole Road not needing stormwater fixing, that money needs to be reevaluated and spent elsewhere where it can do the best good. She stated they don't need an 8-foot ped path. She further stated they need to evaluate the Public Works Department and the Public Works Director. Barry Adeeb, 501 Atlantic Blvd., wished good luck to Mr. Reeves, Mr. Stinson and Ms. Waters. He spoke in support of the Beach Diner and against the Gate Petroleum. He also announced the lawsuit was dismissed today so it is in the Commission's hands now. Chris White, 3520 Bay Island Circle, Jacksonville Beach, spoke in support of the Beach Diner, Glenn Shuck, 104 Sylvan Drive, spoke against the Gate Gas Station. Betsy Cosgrove, 116 Poinsettia St., spoke against the Gate Gas Station, giVmg a slide presentation supporting her key points. She also gave a copy of her presentation to the Commission. Paul Eakin, 599 Atlantic Blvd., spoke against the Gate Gas Station. Mrs. Daniel Shaughnessy, 168 Ocean Walk South, related to the Gate issue, she stated she was told by more than one member of the last Commission that they didn't know if it is a good idea but they were advised by staff that there is really nothing they can do about it. She stated they are duly elected by the citizens which means they sit there to do the right thing by the citizens, because they are the only ones who have accountability to them; the staff does not. She stated staff is there to advise them but ultimately she believes it is up to the Commission to make these hard calls. She stated there are several things they can do; they can call a Special Called Meeting regarding this issue and they can ask people to come forward with facts, figures, etc. She stated they can use their knowledgeable citizens in the community to educate them; they can ask the Community Development Board to look at this and advise them. She stated they, as Conunissioners, are entitled to have a review and look carefully at every single item they want to; no one can tell them that they cannot do that. She stated they may say it is not required, but they can't tell them they can't do it. Mike Borno, 223 Ocean Forest Drive, regarding the issues that keep arising between Beach Diner and Gate, he stated they need to deal with the facts, not emotion regarding this issue. He requested that the Commission seriously think about tasking the staff to give them a good factual report, gamer facts from both the Beach Diner and Gate, get a good package and send it to the Community Development Board and then retain the privilege of being the final decision makers. He stated they can negotiate this whole issue based on facts and find the common ground. John November 271 East Coast Drive, speaking as the attorney for the Bennetts, spoke in favor of the purchase of the Bennett property as an access to the marsh. Jeff Wight, 1855 Sherry DriveN., spoke in support of the Tideviews project. Ross Weel{S, 380 8th Street, spoke in support of the Beach Diner and against the Gate station. Chris Jorgensen, 92 W. 3rd St., thanked the Mayor in the handling of Carolyn Woods at the last meeting. Spoke in favor of the Gate station. Thanked Chief Deal for getting DOT to fix the hole in the road. Spoke in favor ofthe 5 minutes for speakers. November 23,2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA DECEMBER 14, 2015 Page3 Michael Townsend, 1101 Shadow Court, introduced himself stating he would be interested in filling the chair vacated by Commissioner Daugherty. He explained his background to the Commission. He stated he is up for the challenge. He also asked that everyone keep in mind the family on 1oth, whose house just burned. Twila Renee Urquhart, 350 Skate Rd., addressed the flood, stating her house flooded and she was asking the City for help. She further stated she believes there should be a lawsuit against Ace Hardware because they made the retention pond smaller causing the flooding. Andrew Urquhart, 350 Skate Rd. stated he wants the City to address the flooding problem on Skate, Cavalla, and Aquatic Gardens which he believes is due to Ace Hardware blocking the retention pond. He asked that the City look at the problem because Skate Road and Cavalla are flooding more than they ever have. Sandra Thomas, 355 Skate Rd., addressed the flooding on Skate Road, stating although it didn't go in her house, all of her neighbors lost everything and asked the City to look into the situation. Carol Rodenbaugh, 398 Skate Rd, wished everyone a Happy Thanksgiving. She addressed the park in the Marsh stating she believes it is a nice idea but it is another retention spot and may cause trouble. She stated she doesn't see why they need so many pumps at one gas station. She also addressed the flood stating she believes they aren't cleaning out their ditch in the back and they need to check the culverts. Jordan Northup, 414 Oceanwalk DriveN., stated he believes the Tideviews project is a strong project and believes this will increase the value of the homes in the area and will get more people out there. Atul Patel, 12949 Huntley Manor Drive, Jacksonville, addressed the sign waiver and the traffic at his station at Sailfish and Atlantic. He stated the traffic would also be bad at the Gate gas station. No one else from the audience spoke, so Mayor Reeves closed the Courtesy of the Floor to Visitors. Mayor Reeves recessed the meeting at 7:57pm. He reconvened the meeting at 8:05pm. 3. Unfinished Business from Previous Meetings A. Public Hearing-Sign Waiver (715 Atlantic Boulevard). Building and Zoning Director Jeremy Hubsch explained the sign waiver, explaining the line of sight issues at Sailfish and Atlantic. He showed a slide of the street view showing what the line of sight is at this location and the action to be taken. He asked the applicant to address the Commission. The applicant, Atul Patel, 12949 Huntley Manor Drive, Jacksonville, explained the reason for their request. Mayor Reeves opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve the waiver as requested by the applicant (with the condition added that staff and owner agree to appropriate amount of shrub removal). Moved by Hill, Seconded by Reeves November 23, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A DECEMBER 14, 2015 Page4 Commissioner Hill asked that Mr. Hubsch show the slides of the signs again, stating the monument sign blocks the line of site. He stated the 18 ft. sign as requested allows a gap of space, which is why he would approve it. Commissioner Waters stated without a change in landscaping the sign, as proposed, does not provide a line of sight and answer Commissioner Hill's concern. She stated she believes it would be premature to approve this if his goal is to improve line of sight and this doesn't improve line of sight. Commissioner Hill asked the petitioner if he would be willing to do landscaping changes if he gets his petition. Mr. Patel stated they are willing to change the landscaping and believes it makes a lot of sense. Commissioner Waters also expressed concern that there are also issues regarding landscaping and if they change the landscaping to answer the issue of line of sight, are they then out of Code with the landscaping because that would have to come back as a variance (waiver) as well. She stated our Code is designed to create a scale that doesn't dominate the landscape, which this does. She asked how the variance (waiver) doesn't go against the point of the Code. Discussion ensued. Chief Deal stated they have valid points that signs lower to the ground block any opportunity to see pedestrians approaching a crosswalk. He answered questions from the Commission. Mr. Hubsch stated they would have to have a landscape buffer on the parking area but believes they could scale back to those businesses to the northernmost point of the sign to create a visual sight line under the sign and still be in compliance with the landscape code. He answered questions fi:om the Commission. Discussion ensued. Commissioner Stinson stated he doesn't believe the owner demonstrated why they want the variance (waiver) and asked what the burden is. Mr. Patel explained the first thing you see when you pass a gas station is the price sign, which is the key to doing business with them and driving 35-40 mph and trying to make a last minute break to stop, is hard to do, when having a lower sign at an intersection like at that location. He agreed that if that sign can be clear on the bottom, it will be safer for everyone. Discussion ensued. Commissioner Hill stated he is willing to look at our Code regarding landscaping because they need a gap underneath the signs; anytime they can make a clear line of sight, he believes it is a benefit to our residents. Mayor Reeves agreed stating he still has concerns about Reed vs. Gilbert, Arizona and believes they need to take a look at the signs to make sure they are in compliance with the federal ruling on that. He called for the vote. Commissioner Hill asked Mr. Hubsch if there is a limit on the Lumina and asked if they can restrict the amount of Lumina those digital points will put out. Mr. Patel stated his signage has the same Lumina they are making all around the country. Commissioner Stinson stated if they are going to approve this waiver request, would they not go ahead and put in the requirement that the owner can do what he needs to with landscaping. Mayor Reeves stated to make sure they all know what they are voting on, he asked Commissioner Hill to make a change to what he wants to add to the motion. Commissioner Hill stated he believes the language should read, approve the request for the sign as requested with the condition that staff and owner agree to appropriate amount of shrub removal. He believes staff can work that issue out with the applicant. The applicant agreed to the condition. Roll Call Votes: Aye: 3 -Hill, Stinson, Reeves Nay: 1-Waters MOTION CARRIED B. COAB Community Redevelopment Area -Technical Advisory Committee. AGENDA ITEM #1A DECEMBER 14,2015 November 23, 2015 REGULAR COMMISSION MEETING PageS Mayor Reeves stated he wanted to defer this until the next meeting and asked for a motion. Motion: Defer until December 14. Moved by Hill, Seconded by Stinson Votes: Aye: 4 -Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mayor Reeves stated he anticipated that Commissioner Daugherty's resignation was a possibility tonight and therefore, according to our Charter, the Commission needs to elect an individual to fill the vacancy within 15 days. He stated they do not have a regular meeting scheduled within that time so they will need to schedule a Special Meeting before December 8 to elect someone to take his place. He asked that applications be submitted to the City Clerk by November 30. Discussion ensued about when to have a meeting. Motion: Schedule a Special Meeting on December 1 at 6:30 pm. Moved by Hill, Seconded by Waters Votes: Aye: 4-Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Discussion ensued about the application process and the deadlines. It was decided that the deadline would be noon on November 30 to submit a resume and paperwork to demonstrate that they meet the reql.lirements in the Charter. 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. Approve the execution of the Easement at 1964 Francis A venue by the City Manager for recording by the City Clerk. B. Award annual contracts for environmental laboratory services to Environmental Conservation Laboratories, Inc., ALS Environmental and Advanced Environmental Laboratories, Inc. (RFP No. 16-01). C. Approve the award of Bid No. 1516-02-Annual Contract for Polymer to F01t Bend Services at a cost of $1.10 per pound. D. Approve the award of Bid No. 1415-07 "Utility Contractor, Annual Service Contract" to Gruhn May, Inc. Mayor Reeves pulled Item D. Commissioner Stinson pulled Item B. November 23,2015 REGULAR COMMISSION MEETING Motion: Approve Consent Agenda Items A and C as read. Moved by Waters, Seconded by Hill Votes: Aye: 4-Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED AGENDA ITEM #1A DECEMBER 14,2015 Page 6 Related to Item B, Commissioner Stinson asked about the evaluation process to select these companies. Mr. Layton explained the review process of the proposals. Related to Item D, Mr. Layton stated the correct bid number is 1516-01. Motion: Approve Consent Agenda Items B and D, with the corrected bid number. Moved by Hill, Seconded by Stinson Votes: Aye: 4-Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports A. Appointment to fill the vacancy on the General Employees' Pension Board of Trustees. Finance Director Russell Caffey explained that, at the November 12, 2015 meeting, the General Employees' Pension Board of Trustees voted unanimously to select Jim Griffiths as the fifth board member to serve on the Pension Board. Motion: Appoint James R Griffiths to fill the fifth seat on the General Employees' Pension Board of Trustees beginning November 24, 2015 and ending November 23, 2019. Moved by Hill, Seconded by Waters Commissioner Hill asked Mr. Caffey to give Mr. Griffiths' background, which he did. Jim Griffiths, 2255 Oceanwalk Dr. W., stated he wanted to get involved and believes he can contribute in a positive way. Votes: Aye: 4-Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 6. Action on Resolutions None. 7. Action on Ordinances November 23, 2015 REGULAR COMMISSION MEETING A. ORDINANCE NO. 20-15-135-Introduction and First Reading AGENDA ITEM #1A DECEMBER 14, 2015 Page7 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015 FOR AMENDING THE GENERAL EMPLOYEE PENSION BUDGET TO PROVIDE FOR INCREASED RETIREMENT DISTRIBUTIONS, AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Motion: Approve Ordinance No. 20-15-135 as read. Moved by Stinson, Seconded by Waters Votes: Aye: 4-Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Bennett Property. Mayor Reeves stated, at the last meeting, they did not have a chance to share their views and asked if anyone wanted to discuss it. Commissioner Hill stated he is concerned about pulling a house off of the tax roll, but they won't have this opportunity again. He stated he sees real value in both sides of this. He stated if they move forward with this, it needs to be the spark that makes that park usable. Commissioner Waters stated they want to see that park used more and part of the point of acquiring the property would be to improve use, which improves safety. She stated as parks and green space improves, property values rise, so while they may be pulling a home off the tax rolls, if they are improving the value of homes in the area they may see an actual increase in tax revenue. Commissioner Stinson stated if they are going to complete this transaction, they have to have a plan for what they are going to do with it. Mayor Reeves stated a City has to plan for the future regarding what the cost is to the taxpayers. His concern is that we own the pumping station there and they could put a path through there, so if it is just going to be used for a path to go into the park, the City already owns that. He stated he would like to get direction from the City Manager to see what we are going to do with it and how much is it going to cost in the future. He asked the City Manager what his feelings are about this property. He stated his recommendation would be to take the house down; it is not built to be a community center, is not ADA, doesn't have parking, and the rooms are small. Discussion ensued. The Mayor directed the City Manager to see what they can do on buying the property and bring a report back to the December 14, 2015 meeting. November 23, 2015 REGULAR COMMISSION MEETING 9. City Manager A. City Manager's Report. • 90-Day Calendar (December 2015 through February 2016) AGENDA ITEM #1A DECEMBER 14, 2015 Page 8 Mr. VanLiere reported there will be a Special Called meeting on December 1 and a Town Hall meeting on January 9. He reported on the survey markers on Sherry Drive and Seminole Road, stating they are surveying for the Safe Routes to School designing project. He gave a summary report of the issues around the City from the flooding. He stated the system appeared to handle the water as best as it was designed to. He stated there was nothing in the way keeping it from doing what it was supposed to do, other than there was just too much water for it to handle. He stated our options are that there is nothing broken that we need to fix, other than if we want to try to enlarge our system somehow by doing stmmwater projects, etc. Discussion ensued. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle • Reminded everyone that the Agenda items for December 14 are due this Wednesday. City Attorney Komando • Stated there was an opinion in the Beaches Leader that was attributed to him and although he has forwarded the Commission his response, he wanted to let the public know that his legal opinion is that our Charter does require each Commissioner to live in his/her own district and merely paying utilities or having a house doesn't satisfy that requirement. • Stated, as we are accepting applications for that vacant seat, he asked that we put that announcement on City's website and also notify the Times Union and Beaches Leader. City Clerk Bartle asked that he work with her to assure she has the requirements right. Commissioner Waters • Stated she believes it is a good idea to have a coordinated effort with local organizations for the benefit of the citizens regarding the flooding damage. • Thanked Chief Deal and the police force for making her neighborhood one drug dealing house safer. Commissioner Hill • Related to the CRA workshop earlier this evening, he wants to keep the Commission focused on the possibility that they have to look at the process repeatedly to make sure it is a fit for us. • Regarding the Gate station, one side or the other is going to drag the City into a lawsuit no matter which side they take and he has to figure out which one they think they can win. • Stated he is getting lot of calls about the Safe Routes surveying and believes an information type workshop ahead of it would be helpful for a lot of citizens. Mr. Layton stated they put flyers out on every door along the path so they would know it was just surveying and construction would not start for a while. He stated DOT has delayed the start of construction until July 2017 based on their budget. He stated the prior Commission budgeted money for a public meeting that will occur in about 3 months so the citizens can understand what is plmmed. He stated there will be a second meeting a couple of weeks later with the Commission for them to make decisions and give staff guidance, etc. November 23,2015 REGULAR COMMISSION MEETING Commissioner Stinson • Commended City employees for handling the rainfall event. AGENDA ITEM #1A DECEMBER 14, 2015 Page9 • Stated he would like to learn more about the Code Red notification system, i.e. how it is used and when the City uses it. • As one of the speakers said today, we are going to spend $1.6 million on Seminole Road but we have homes under water. He wants to make sure that is the right priority. • Complimented Chief Deal on the raid, stating they did an incredible job. He stated he believes the City should issue a Proclamation to every officer involved. • Stated they need to have confidence and tmst in the people that we have working here and understand they are trying to do the best they can and are making sure our Codes are applied fairly to all pa1iies that are trying to do anything in the City. • Stated he is working on the election cycle; he doesn't understand why our cycle is off from everybody else. • Addressed the Cloister gate issue. • Distributed a book to the Commission which talks about the five dysfunctions of a team. Mayor Reeves • Reported on the Veterans' luncheon downtown. • Reminded the Commissioners of the Florida League of Cities dinner/meeting on December 3. • Had the honor to be invited by the Governor to his budget announcement today and has set a meeting with him in Tallahassee before the legislature starts. • Received a call from the Atlantic Beach Elementary School who praised the police in Atlantic Beach, which he commended Chief Deal for. • Stated he has looked into the election cycle also, stating it could save the City money to mn those elections. • Believes Commissioner Daugherty did the right thing tonight. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:43pm. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer November 23, 2015 Ms. D01ma Bartle City Clerk for the City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Re: Resignation fi-om Commission District 1312 Dear Ms. Bartle: AGENDA ITEM #lA DECEMBER 14,2015 A TI'ACHMENT A It has been a true honor and privilege to serve as a Conunissioner in Atlantic Beach. However, <iue t o personal reason s, I respectfully s ubmit this letter as the ·written resignation from my office effective immediately. Sincerely, Jon than Daugherty cc: Rick Scott, Governor of the State of F lorida Kenneth W. Detzner, Secretary of the State of Florida Mitch Reeves, Mayor-Commissioner Jimmy Hill, Commissioner John Stinson, Commissioner Blythe Waters, Commissioner