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Item 1A Draft Minutes 8-22-16IN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING August 8, 2016 CITY HALL, 800 SEMINOLE ROAD AGENDA ITEM lA AUGUST 22, 2016 Mayor Mitchell E. Reeves Commissioner Harding Commissioner John Stinson Commissioner M. Blythe Waters City Attomey Wayne Flowers City Manager Nelson VanLiere City Clerk Donna Bartle ABSENT: Mayor Pro Tern Jimmy Hill Invocation and pledge to the flag Commissioner Waters gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves called the meeting to order at 6:34p.m. 1. A. Approve the minutes of the Commission Meeting of July 25, 2016. Mayor Reeves stated the City Clerk found an enor on page 6, last paragraph, first sentence and requested that the word "when" be replaced with the word "went". He asked if there were any additional corrections to the minutes. There being no additional conections offered, Mayor Reeves stated the minutes are approved as conected. 2. Courtesy of the Floor to Visitors Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Mark Tingen, 1198 Sandpiper Lane E, spoke regarding Selva Preserve and the foliage being removed and asked for advance notice to the neighborhood. He expressed concem over the bike path not being marked yet and asked that it be addressed. He advised that he attended the Blue Lives Matter walk at Memorial Park and explained we have a small police department and we should recognize them for what they do. Chris Jorgensen, 92 W. 3rd St., spoke in reference to the beautification of City Hall and thanked Public Works. He mentioned a letter that he read in the Beaches Leader by Shirley who retired. He explained he attended the Blue Collar negotiations meeting and would like to see everyone taken care of in a legitimate manner and at a reasonable cost. He mentioned that this past week one of the Global Warming top scientist resigned and since then publicly stated Global Wmming is a scam. Spoke in reference to three volcanoes erupting within a seventy-two hour time span. He reported attending a meeting with Mayor Curry and seeing City Manager Van Liere, Commissioner Hill and Mayor Reeves at the meeting. Linda Padrta, 1113 First St, Neptune Beach, stated she owns properties in Aquatic Gardens and is concemed the City is operating as if increased tax revenue is the most important consideration when August 8, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA AUGUST 22, 2016 Page2 evaluating a development proposal and explained there appears to be no evaluation of other critical factors such as negative impact on surrounding communities and any cost to the City for maintenance and upkeep. She also expressed concerns about bargaining out of the public view, adding items to the meeting agenda at the last minute, not sending questionable projects to the Community Development Board, lack of communication with Neptune Beach regarding stormwater handling, and the City not giving people living in Aquatic Gardens a sense of security that their homes are safe. She spoke about the fmmat of the Commission Meetings being long and seems to be locking citizens from having their voices heard before the votes. She also expressed concerns regarding the dog park being closed. Casey Jones, 2130 Mayport Rd, expressed concerns about the need to protect sea turtles, noting that there is no light ordinance in Atlantic Beach, only a voluntary one. He explained there are fines and jail time penalties in Jacksonville Beach and Neptune Beach for violations of the light ordinance they have in place. He expressed concern over a neighbors lighting and believes it has already killed baby sea turtles. He would like to see a light ordinance implemented. He also gave a handout with photos to the City Clerk for distribution to the Commission. Deborah Eisert, 85 lOth St, spoke in reference to the sea turtles. She asked that the voluntary ordinance be changed to a mandatory lighting ordinance and suggested having a tool to educate homeowners to let them know why it should be done. She reported there are mandatory ordinances in Jacksonville Beach and Neptune Beach and explained all three species of sea turtles that lay their eggs in Atlantic Beach are endangered. She reiterated the need for changes to the ordinance so that sea turtles will have a chance in Atlantic Beach. No one else from the audience spoke so Mayor Reeves closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Public Hearing-16-SFPA-125-Request for plat approval as required by Chapter 24, Article 4 of the Code of Ordinances at RE# 17214 7-0000 and 172150-0000 (previously known as 115 and 125 Donner Road). City Planner Derek Reeves presented a slide show as he explained the request for the plat approval, the Community Development Board's recommendation and the City Attorney's recommended conditions. Mayor Reeves asked applicant, Chris Lambertson whether he is in agreement with the conditions. Mr. Lambertson stated that he is in agreement. He stated the only hiccup they would have is if the City doesn't get the information back to him, but he will provide everything in a timely manner and is working on that as we speak. Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the public hearing. Motion: Approve Plat 16-SFPA-125 with conditions that: 1) The Plat be amended prior to recording to incorporate the correct recording information for Ardella Road road and sewer easement if a written instrument conveying same to the City can be located subject to the approval of the City's counsel; 2) If an Ardella Road recorded instrument cannot be located, then CDL no later than six (6) months from August 8, 2016 will convey and dedicate an easement for roadway and sewer purposes to the City in such form and pursuant to such survey as the City may reasonably require, but reserving its interest in the underlying fee simple real property and all rights of reverter AND without requirement that CDL provide any warranty of title relative to August 8, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA AUGUST 22, 2016 Page 3 such conveyance or dedication, and within thirty (30) days thereafter the plat will be revised to incorporate the recording information for such conveyance/dedication, and 3) The Plat, page 1, note 3 will be amended to incorporate an express reference to the recording Book and Page of the Ardella Place CCRs as well as an additional restrictions which may be recorded, etc. Moved by Harding, Seconded by Stinson Roll Call Votes: Aye: 4 -Harding, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED B. Public Hearing-16-UBEX-129-Request for a use-by-exception as pe1mitted by Section 24-111(c)(8), to allow a woodworking shop at 33 W 6th Street. City Planner Derek Reeves presented a slide show as he explained the request for the use-by-exception and the Community Development Board's recommendation. Applicant Adam Rowley thanked the Commission for the oppmiunity and wants to continue doing business in Atlantic Beach. Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the public hearing. Motion: Approve the Use-by-Exception 16-UBEX-129 as read. Moved by Waters, Seconded by Harding Roll Call Votes: Aye: 4 -Stinson, Waters, Harding, Reeves 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. Extend the contract with Moline Electric Motor & Machine, Inc. for Repair of Electrical Motors & Pumps (Bid No. 1112-08) for one year at the current prices, term being August 27, 2016 to August 26, 2017. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner would like to pull the item from the Consent Agenda for discussion. The item was pulled by Commissioner Stinson. August 8, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA AUGUST 22, 2016 Page 4 Commissioner Stinson questioned how many bids were received for this service. City Manager Van Liere explained this is a four-year contract with two one-year extensions. He stated this bid was in 2012 and doesn't recall how many proposers there were. He explained they are our go-to contractor for servicing our electric pumps, this is our last extension that was in the bid packet that they proposed for, and we will be rebidding it next year. Commissioner Stinson confirmed with Mr. Van Liere that it had not been rebidded prior to requesting the extension. Mr. VanLiere confirmed explaining we are doing the extension partly so we don't have to go through the expense of rebidding. He added, when the contract was bid in 2012, it was priced with the four plus two in mind. Motion: Approve Consent Agenda Item A. Moved by, Waters Seconded by Harding Mayor Reeves clarified the infmmation explained by the City Manager regarding the duration of the extension and asked, if a bid has extensions, does purchasing ever go out and ask for courtesy bids to see if the market has changed. Mr. Van Liere explained they do sometimes, when they feel they have better pricing, but is not aware of it being done on this bid. Commissioner Harding questioned the terms that were stated and City Manager Van Liere noted the original term may have been three years instead of four. Mr. VanLiere answered Mayor Reeves question about the value of the bid. Mayor Reeves expressed concerns that the Commission is not being provided with conect information and is not ready to support the item. Commissioner Stinson explained that we don't really know what we are buying and we owe it to the taxpayers to make sure that the money we are spending is for a good value. Commissioner Harding agreed and believed we should look into the market rates to dete1mine if this bid is in line or if we should rebid it. Commissioner Waters commented that pricing was best in 2012 because of the economy and since then has become more expensive. She believes that we are not likely to beat those 2012 prices in today's market. Commissioner Stinson stated he wants to move that we postpone this until the Commission Meeting on August 22, 2016 and prior to the meeting the City Manager provides us with a copy of the contract because he hears Commissioner Waters comments about 2012 pricing but we don't know if there is any escalation factor in there. Motion: Postpone until August 22, 2016. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 4 -Waters, Harding, Stinson, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. August 8, 2016 REGULAR COMMISSION MEETING 6. Action on Resolutions A. Resolution No. 16-04 AGENDA ITEM lA AUGUST 22, 2016 Page 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, STATING ITS INTENTION TO COMPLY WITH THE SUPREME COURT OPINION IN THE CASE OF REED V TOWN OF GILBERT, ARIZ.,-US.-, 135 S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015) AND SUSPENDING ENFORCElvfENT OF ALL REGULATIONS GOVERNING TEMPORARY NON-COMMERCIAL SPEECH AS THOSE REGULATIONS RELATED TO THE CITY'S SIGN CODE, PROVIDING FOR AN EFFECTIVE DATE. City Clerk Battle read the Resolution by title. Attorney Flowers explained the Resolution and the purpose for adopting it. Motion: Adopt Resolution No. 16-04 as read by title. Moved by Stinson, Seconded by Waters Commissioner Stinson explained the reasons why the City is doing this in a two-step process instead of just going straight to the revision of the ordinance. Roll Call Votes: Aye: 4-Harding, Stinson, Waters, Reeves Nay: MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 90-16-225, Public Hearing and First Reading AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE REPAIR-REA VY, CAR WASHES AND CONVENIENCE FOOD STORES WITH FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING PROHIBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT UNTIL AUGUST 22, 2017, UNLESS TERMINATED-BY THE CITY COMMISSION AT AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. City Clerk Battle read the Ordinance by title. Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the public hearing. August 8, 2016 REGULAR COMMISSION MEETING Motion: Approve Ordinance No. 90-16-225 on first reading. Moved by Stinson, Seconded by Waters There was no discussion. Roll Call Votes: Aye: 4 -Stinson, Waters, Harding, Reeves Nay: MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Discussion on a Tree/Beautification Committee (Mayor Reeves) AGENDA ITEM lA AUGUST 22, 2016 Page 6 Mayor Reeves explained the infmmation provided in the packet and his desire for a tree committee that would try to educate the builders and homeowners and work with planning. City Manager Van Liere explained that a tree arborist will start at the end of the month. Commissioner Waters spoke about receiving a lot of feedback fi·om residents who see the value of trees and tree canopy. She believes green space is an intangible but incredibly impmiant factor in home values in the City as well as quality of life values. She explained the benefits and the need for tree maintenance and replacement. She expressed suppmi in having a group that would look holistically at all the green spaces and consider trees as pati of that and believes there needs to be a discussion about what the role of the committee would be in te1ms of enforcement and decision-making. Commissioner Stinson asked if the tree committee will only focus on green spaces within the City or will it also be on residential and commercial. Mayor Reeves explained he put this item on the agenda because it was recently brought up at a meeting. He stated he is not in favor of bringing a tree board back but wants to do something to plan where the City is planting trees. Commissioner Waters spoke about the types of trees that have been planted. She stated a tree committee can educate and provide resources. City Manager Van Liere explained that the grant that we have stmis with an inventory of the trees in the City right-of-ways and includes a tree management program which would recommend placement and types of trees and believes the tree arborist will be giving us some information. Commissioner Stinson stated when JEA trims trees the damage they do is ineparable. He inquired if this committee would have any kind of interaction or work to do with JEA to try to find ways for that not to happen. Commissioner Waters explained why she believed there would be little room for negotiations with JEA, but suggested advising people where to plant trees to better avoid JEA's shearings. Mayor Reeves spoke about meetings he had with JEA regarding underground power lines and believes they are being very open and nice to us. Discussion ensued about whether to discuss the topic again. Commissioner Waters suggested that the topic come back for discussion to allow Commission Hill to comment and for citizens to give feedback now that the item has been explained. Commissioner Stinson inquired if there is enough interest fi·om citizens to serve on a tree committee because we have a tough time recruiting for some of our other boards and committees. Mayor Reeves stated that was a good question and believes we need to find out. The consensus was to put this item on the next meeting agenda for discussion only. Mayor Reeves asked Attorney Flowers to give a briefing on the injunction filed against the City on the permit for the tear down of Gate and the lawsuit against the City. Attorney Flowers explained the two separate actions stating that the injunction challenges the alledged impact on Mr. Adeeb in terms of potential loss of value of his prope1iy and suggesting that the action was not consistent with the City's Camp Plan. He repmied there was a preliminary hearing in that case last Friday to essentially set a hearing with a sufficient amount of time to hear the request for a temporary injunction that has been August 8, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA AUGUST 22, 2016 Page 7 filed by Mr. Adeeb. At the hearing, Gate was allowed to intervene in the case so that they could come in and argue their interest in the matter generally and specifically as it relates to the demolition pe1mit that was authorized by the City for the existing structure. That is what Mr. Adeeb is attempting to stop. Essentially, the action brought against the City was seeking an injunction to require a stay of the City's permit for the demolition. Gate agreed as part of the agreement on the other party's part to allow them to intervene in the case, which they probably would have been able to do anyway, that they would not initiate any demolition activities until a hearing on August 11, 2016 at 1 :00 P.M. He explained evidence will be presented as to the claim that there is going to be ineparable harm to Mr. Adeeb if the demolition goes forward. There are two or three other tests that have to be satisfied in order for a judge to enter a temporary injunction. He explained that hearing is the next step. Mayor Reeves confirmed that it will be the same judge handling the whole case. Attomey Flowers confi1med it will. Commissioner Waters asked for clarification that Mr. Adeeb gave permission for Gate to intervene and that was not something that was requested by the City. Attomey Flowers answered that was conect. 9. City Manager A. City Manager's Report. 90-Day Calendar (August 2016 through October 2016). • Reported that next Monday is the first Budget Workshop followed up with the second one on August 24, 2016; Both begin at 5:30pm in the Commission Chamber and lasts about 4 hours. • Reported the Town Hall Meeting has been rescheduled for Saturday, August 27, 2016 for the Safe Routes to School. • Reported the Annual Board Reception is scheduled for September 29, 2016 at 6:30p.m. at Adele Grage Cultural Center. • Reported there is a Town Hall Meeting tentatively scheduled for 10:00 a.m. on Saturday, August 13,2016 at the Jordan Center. • Announced that Mike Jones was recognized as Employee of the Quarter and is well- deserving of that recognition. • Explained that Keith Randich researched the Elected Official Email account and found that one-third of the 21 cities/counties had that kind of an email account where you can send an email to all elected officials simultaneously. He reported that they looked into the use of that account and found that we are getting about 15 emails to that email address per week and a lot of them are duplicate addressees, so the same people that were using it continue to use it and since the lin1c to that email has been removed no new people are starting to use it. He explained that emails are not being forwarded to any inbox for that. He stated it doesn't seem to be that much of an issue with the drops now but you have to be careful about the conespondence with third-parties getting bounced back. • Reported that they will be interviewing three Community Development Director applicants next week and Brenna and Mr. Lindorff has agreed to help with the interviews. • Thanked Derek Reeves for stepping up noting he is involved in a lot of things. • Explained that he went over and looked at Aquatic Gardens to check on what the rainstmm did over there and reported that TriBridge had a very minimal effect on the overflow and the ditches were working very well. He reported there is money in the budget for a stormwater master plan update if the budget gets approved and we have additional monies in the Stmmwater fund for design of a project and for construction for both the Saltair neighborhood and Aquatic Drive .. • Explained the City has a Resolution that tells the City Manager to write a letter every April asking for voluntary compliance with light and restrictions to help with the sea turtles. He reported that he spoke with the Sea Turtle Patrol and has given copies of ordinances fi:om August 8, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA AUGUST 22, 2016 Page 8 Jacksonville Beach and Neptune Beach to City Attorney Durden to evaluate if it would be prudent to adopt a similar version of their ordinances if the Commission wants us to pursue that. Mayor Reeves stated he wants to make sure the City Manager and Public Works staff is looking at Aquatic Gardens. He repmted on a video that was sent to him and believes that the ditch is not working properly as reported. He expressed concern about the Commission and the Aquatic Garden residents not being updated on the plans for solutions. He reiterated that he wants the City Manager and Public Works to get on top of it. City Manager Van Liere reported that Mr. Jacobovitz went and looked at the ditches in Neptune Beach today and there is an obstruction that appears to be a logjam in the creek. He stated we will have to continue to communicate with Neptune Beach about them helping us try to keep the ditch cleaned out. He also explained why he believes it will take some engineering to reconstruct the ditches. Mr. Van Liere answered drainage related questions from Commissioner Waters. She indicated she would like a diagram so residents can see where the water is supposed to be going. Mr. Van Liere said it will be done. Mr. Van Liere and Mayor Reeves explained the purpose of the Saltair meeting being held on Friday, August 12, 2016 and noted that it is a neighborhood meeting, not a Town Hall Meeting. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Expressed concern about not having an ordinance in place to protect the sea tmtles and would like it to be addressed. • In reference to Aquatic Drive, stated that the comments that tax revenue is the most impmtant factor in determining approvals is not true and that we have not initiated talks with Neptune Beach and that we just want to lay blame is also not true. He explained we have had open dialogue with the City of Neptune Beach and they have initiated some activity on their side. Commissioner Waters • Explained she would like to attend the Saltair Meeting to hear the concerns of citizens and their input on solutions explaining that input from citizens is always beneficial. Commissioner Stinson • Commented on the Stmmwater system being unable to handle the water that we have to deal with and explained concerns of citizens not being given an update and that government is slow, but it does not have to be. He believes the Commission should strive to understand what staff is doing so that it can be communicated to the citizens. • Requested to meet with Mr. Jacobovitz regarding Safe Routes to Schools projects. • Complimented Mr. VanLiere, Mr. Jacobovitz and the staff on the City Hall Beautification. • Requested an update on the public safety building project regarding cost and timeline. August 8, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA AUGUST 22, 2016 Page 9 • Suggested having an education session at the hotels for the visitors regarding sea turtles and also posting infmmation at City Buildings. Mayor Reeves asked Chief Deal to give a report on the status of Public Safety Building, police retirements and service awards. Chief Deal • Explained that the building is still on track to be done probably by the end of March, maybe into April and the cost is still on track with the budget. • Announced Lt. Dale Hatfield's last day is today after 25 years of service. • Recognized SPO Robbie Harding for celebrating his 30 years of Service with the City last January. • Reported that Commander Vic Gualillo recently had his 25 years of service. Mayor Reeves • Reported he will attend the Florida League of Cities Conference in Ft. Lauderdale August 17-20, 2016. • Reported he has been working with the three cities to Paint the Beaches Blue to show their love and support for law enforcement to be held the week of August 21-27, 2016. He explained they are inviting residents and businesses to hang flags, or anything blue or use a blue bulb for porch lighting during that week. He asked the Commission to get involved. • Reported that Captain Wesley McCall had a Change of Command at Mayport and he will be missed. • Reported he will be attending the Chain of Command for the admiral on August 12, 2016. • Explained that the City works closely with the Sea Turtle Patrol and believes we need to look into an ordinance for the sea turtles. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 8:26p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer