MINUTES WORKSHOP CITY COUNCIL MEETING APRIL 18, 2016, AT 6:00 P.M. CITY HALL, 116 FIRST STREET NEPTUNE BEACH, FLORIDA

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1 MINUTES WORKSHOP CITY COUNCIL MEETING APRIL 18, 2016, AT 6:00 P.M. CITY HALL, 116 FIRST STREET NEPTUNE BEACH, FLORIDA Pursuant to proper notice a Workshop Meeting of the City Council of the City of Neptune Beach was held April 18, 2016, at 6:00 p.m., in the Council Chambers, City Hall, 116 First Street, Neptune Beach, Florida. Attendance: IN ATTENDANCE: Mayor Harriet Pruette Vice Mayor Richard Arthur Councilor John Jolly Councilor Kara Tucker Councilor Scott Wiley City Attorney Patrick Krechowski City Manager Andrew Hyatt City Clerk Karla Strait, CMC STAFF: Director of Public Safety Ricky Pike Finance Director Steve Ramsey Senior Center Director Leslie Lyne Building Official Don Ford Community Development Director Amanda Askew Call to Order / Roll Call / Pledge Mayor Pruette called the meeting to order at 6:00 p.m. and asked City Clerk Strait to lead the Pledge of Allegiance. AWARDS / PRESENTATIONS / RECOGNITION OF GUESTS Chief Pike introduced newly hired Police Officer Austin Jarrett and the two newly promoted Sergeants, Michael Key and Liam Toal. Mayor Pruette administered the Oath of Office to Officer Jarrett, Sergeant Key and Sergeant Toal. Chief Pike asked Officer Torres and Langdon, who were wearing their bike uniforms, to bring two of the four newly acquired police bike cruisers into the Council Chambers. A police car with the new graphic design was also on display in the rear parking lot. COMMITTEE REPORTS / NONE CITY MANAGER S ACTION LIST City Manager Hyatt reported the following: The regular Financial Audit will be presented at the May 16, 2016, workshop meeting. Lifeguards will be on duty this weekend. They will begin working seven days a week after Memorial Day.

2 April 18, 2016 WORKSHOP MEETING PAGE 2 Councilor Wiley stated some years ago the City acquired some property in Jarboe Park from the City of Jacksonville Beach. He questioned if that property was included in the Jarboe Park Master Plan. Mr. Hyatt responded he and staff have discussed removing the fence around that property and using it as greenspace. No comments or questions. CITY CLERK S AGENDA ITEM TRACKING LIST PUBLIC COMMENTS Mayor Pruette opened the floor for public comments. Leslie Lyne, 501 Hopkins Street, was pleased with the art display in the Council Chambers, presented by the Neptune Beach Elementary Student Art League. She voiced concern about CDBG funding cuts and urged Council to do whatever they could to keep the Neptune Beach Senior Activities Center funded. Lynda Padrta, 1113 First Street, stated she did not need to have her trash collected twice per week. She asked Council to consider charging residents for trash collection based on their need for the service. She opposed the Backyard Hen Ordinance. Genora Crain-Orth, 2922 Forbes Street, supported the Backyard Hen Ordinance. David Wicker, 427 South Street, supported the Backyard Hen Ordinance. Kyle McBride, 527 South Street, supported the Backyard Hen Ordinance. Jennifer Haeseler, 900 Cedar Street, supported the Backyard Hen Ordinance. Eric Mott, 418 Seagate Avenue, supported the Backyard Hen Ordinance. Jaime Clark, 418 Seagate Avenue, supported the Backyard Hen Ordinance. She stated the City of Jacksonville Beach permits chickens as long they do not create a nuisance. She felt if Jacksonville Beach permits hens with no restrictions Neptune Beach should be able to permit them with restrictions. John Weldon, 108 Oak Street, supported the Backyard Hen Ordinance. He felt Neptune Beach was becoming a mecca for young families that wanted higher quality food for their children. There being no further comments from the public, the public hearing was closed. PROPOSED ORDINANCES Ord. No Tree Conservation ORDINANCE NO , TREE CONSERVATION FUND: AN ORDINANCE OF THE CITY OF NEPTUNE BEACH, FLORIDA, AMENDING CHAPTER 27, UNIFIED LAND DEVELOPMENT REGULATIONS; ARTICLE IX, TREE PROTECTION AND LANDSCAPE; ADDING SECTION , TREE CONSERVATION TRUST FUND; AND PROVIDING AN EFFECTIVE DATE. Mayor Pruette explained this Ordinance passed on first read April 4 th. It was forwarded to the workshop because Vice Mayor Arthur and Councilor Jolly wanted to add language regarding the amount.

3 April 18, 2016 WORKSHOP MEETING PAGE 3 Vice Mayor Arthur suggested inserting a specific amount in Section (e) instead of requiring property owners to obtain three quotes. He had asked City Clerk Strait to contact local nurseries to find out the cost of planting live oaks in Neptune Beach. Based on the findings, he felt the average cost to replace a live oak should be $185 per caliper inch and that amount should be inserted in the Ordinance and adjusted as needed. This takes the burden off the property owner to obtain quotes and keeps them from trying to low ball the City on the amount they have to pay into the fund. Councilor Wiley supported the Ordinance as long as property owners still had the option to replace the trees, as they do currently. Councilor Jolly suggested staff obtain three quotes from nurseries in St. Johns County and Duval County at the beginning of each calendar year and average quotes to determine the amount. Councilor Tucker stated she would support inserting the amount of $185. She felt Nassau County should not be excluded because it included Fernandina Beach. Mayor Pruette asked City Attorney Krechowski to correct the language and forward the Ordinance to the May workshop. TO HAVE THE CITY ATTORNEY WORK UP THE LANGUAGE AND FORWARD TO THE MAY WORKSHOP. Backyard Hens PILOT PROGRAM FOR BACKYARD HENS: AN ORDINANCE OF THE CITY OF NEPTUNE BEACH, FLORIDA, CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO A ONE- TIME FEE OF $50.00; LIMITING THE NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 25; PROVIDING FOR A SUNSETTING OF THE PILOT PROGRAM AFTER EIGHTEEN MONTHS; PROVIDING FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM BY THE CITY COUNCIL AFTER TWELVE MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Vice Mayor Arthur stated he appreciated the time staff and Council has spent considering this Ordinance. He explained the City of Jacksonville s Pilot Program is completed. During the pilot program 300 permits were issued for backyard hens, there were zero complaints and it did not cause any extra burdens on staff. Some of the concerns brought up by our Council are that, unlike the City of Jacksonville, Neptune Beach is a small beach community. During his research he looked into how the pilot programed worked in other small beachside communities. He came across some language in the City of Fort Lauderdale s Ordinance regarding nuisances and odors and amended Chapter 6, Section 6-3, and 6-4 to address those concerns. Since the last discussion the Ordinance has also been amended to raise the permit fee from $25 to $50. He spoke with our Animal Control Officer who stated she was not concerned about the program causing any issues. The zoning and setback requirements would narrow the pilot program down to a small amount of lots. The minimum lot size requirement would be 5,000 square feet and there is a minimum 15 foot setback from the rear property line. Vice Mayor Arthur explained the Ordinance addresses permits for coops as accessory structures and they have to meet those requirements. This would only be a pilot program

4 April 18, 2016 WORKSHOP MEETING PAGE 4 to see if it will work. He was confident it would have the same results as the City of Jacksonville. Councilor Wiley asked if the Ordinance had the option for neighborhoods to opt out. Vice Mayor Arthur stated the language for opting out is not in this Ordinance. That is something Council would consider at the end of the pilot program. Councilor Wiley asked City Attorney Krechowski how it would affect Summer Sands if backyard hens are not allowed in multifamily areas. City Attorney Krechowski replied the classification would not change the size of the lots and the setback requirements. Councilor Wiley asked City Attorney Krechowski if Summer Sands was considered multifamily. Mr. Krechowski replied this ordinance would not change any classification. Councilor Wiley asked if the program would be open to the entire City after the pilot program. Vice Mayor Arthur responded the intent is to maintain the restrictions in R-1 through R-4, the minimum lot size and setback requirements would not change. Councilor Wiley asked if the City of Jacksonville passed the Ordinance unanimously. Vice Mayor Arthur replied yes. Councilor Wiley stated he has heard from just as many citizens who are against the program as those that support it. At this time he did not support the pilot program. Councilor Jolly voiced concern about neighborhoods not being able to opt out. He questioned what would happen if a homeowners association wanted to opt out of the program. City Attorney Krechowski responded a homeowners association could adopt a deed restriction to not allow backyard hens. That deed restriction would govern the neighborhood. Councilor Jolly questioned the amended language in (vi). Vice Mayor Arthur explained the language states coops would have to be 3 feet off the property line and 10 feet from the house. The same as any other accessory structure. Councilor Jolly was concerned that the coop could actually be closer to a neighbor s house than the actual hen keeper s house. Vice Mayor Arthur replied the language in the proposed Ordinance for Chapter 6 addresses noise, odors, and nuisances. Councilor Jolly stated he was not in favor of moving forward with the Ordinance. Councilor Tucker explained she would support the issue but without a third vote the Ordinance will not pass. She felt there were both pros and cons to the program. She agreed there are young families in the community that are part of a changing culture but there are also those who oppose it. Mayor Pruette stated Neptune Beach is a small beachside community with very small lots. She felt it would not work to house chickens 3 feet away from your property line. She added she would be pushing for hiring a fulltime Code Enforcement Officer during the upcoming budget discussions. She could not support the program at this time. Vice Mayor Arthur stated this same pilot program has been used in many Cities throughout Florida. This is something the taxpayers have asked Council to consider and pass. He felt it would be disingenuous of Council not to support a pilot program when there is so much support for one. Mayor Pruette felt until the City hired a full time Code Enforcement Officer, it was not fair to the community and staff. She also felt it would be cruel to house chickens in coops without a tree canopy due to the summertime heat. Vice Mayor Arthur responded hens

5 April 18, 2016 WORKSHOP MEETING PAGE 5 are raised in Central and South America in much hotter conditions, without even having the luxury of a coop. Mayor Pruette stated the City did not have Code Enforcement staff to take care of falling down fences or trash issues. She did not want to put more on staff. Vice Mayor Arthur stated he is frustrated to see the pilot program fail based on misinformation and unsubstantiated information. NOT TO MOVE FORWARD. Keeping of Certain Animals KEEPING OF CERTAIN ANIMALS: AN ORDINANCE OF THE CITY OF NEPTUNE BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMALS, ARTICLE I, IN GENERAL; SECTION 6-3, KEEPING OF CERTAIN ANIMALS PROHIBITED; AND SECTION 6-4, NUISANCES CAUSED BY ANIMALS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pruette stated this Ordinance is no longer necessary because the Backyard Hen Ordinance will not move forward. Ice Vending Machines SPECIAL EXCEPTIONS FOR ICE VENDING MACHINES: AN ORDINANCE OF THE CITY OF NEPTUNE BEACH, FLORIDA, AMENDING CHAPTER 27, SECTION , ALLOWABLE USES; AND SECTION , SPECIAL RESTRICTIONS AND CONDITIONS ON ALLOWABLE USES; AND PROVIDING AN EFFECTIVE DATE. Community Development Director Askew explained the Community Development Board recommended Council allow ice vending machines in the C-2 and C-3 zoning districts by special exception. Tim Franklin, 60 Ocean Boulevard, Suite 10, Atlantic Beach, Representative for Darrell Grubbs, Tradewinds Plaza, explained at the previous meeting Council asked for more information regarding screening the ice machine. The wooden fencing would be painted to match the building. He presented a photograph of what the fenced in ice vending machine would look like. The vendor is amenable to adding the screening requirement but he has asked to place a sign on the east side of the fence to advertise. Mr. Franklin explained the property owner and the vendor have questioned how much money they wanted to invest in this, which is why he drew a picture of what the ice machine would look like, instead of presenting a professional drawing. There is not a lot of money in this for the owner of Tradewinds Plaza but it is a huge investment for the vendor to install it. They can spray paint the entire thing white but the vendor is not willing to do that because if this location turns out to be unprofitable they will have to move the machine somewhere else. Once the vendor finds out what Neptune Beach is going require him to do, he will decide based on the amount of rent and the cost to install the ice machine, if he will make enough money to make it profitable. He asked Council to allow the ice vending machine at the Tradewinds Plaza location. Councilor Wiley questioned the size of the ice vending machines. Mr. Franklin stated the ice machine being considered is 5x5x11, there is a smaller one that is 3x5x8 and a larger one. Vice Mayor Arthur stated at the Community Development Board meeting the applicant cited there was a need for an ice vending machine at this location.

6 April 18, 2016 WORKSHOP MEETING PAGE 6 Mr. Franklin responded the vendor felt there was a need for ice vending in this location. The machine also produces purified water. Ice vending machines are typically used by boaters, landscapers, and people having large parties. Vice Mayor Arthur stated the Tradewinds Plaza is at the entrance and main corridor of the City. He felt it would be a detriment to the City to place an ice vending machine on that outparcel. He did not see a need for one. Councilor Wiley stated if Council is able to control the appearance of ice machines and the number allowed throughout the City he would be willing to support the recommendation of the CDB. Councilor Tucker supported allowing ice vending machines by special exception. Councilor Jolly agreed with Vice Mayor Arthur that Tradewinds Plaza is one of the first places people see when they drive into Neptune Beach. He did not support it. Mayor Pruette agreed with Vice Mayor Arthur. She stated if Council wants to move it forward and Ordinance would need to be drafted. TO NOT HAVE STAFF DRAFT AN ORDINANCE TO ALLOW ICE VENDING MACHINES BY SPECIAL EXCEPTION. CONTRACTS / AGREEMENTS Disaster Recovery DISASTER RECOVERY SERVICES / GRUBBS EMERGENCY SERVICES: City Manager Hyatt explained we piggyback on a contract from Levy County for disaster recovery services. The recovery service does all the tracking and reporting to FEMA. He asked Council to give him approval to sign the agreement. FORWARD TO THE FOLLOWING SPECIAL MEETING AGENDA FOR APPROVAL. Solid Waste & Recycling Contract SOLID WASTE AND RECYCLING: City Manager Hyatt explained the City put out a Request for Proposals for solid waste and recycling collection services. Four bids were received, Waste Pro, Advanced Disposal, Republic Services and Waste Management. Waste Management was priced out of the competition. The pricing proposals were for four different levels of service. The results are of the proposals are included in the agenda packets. Waste Pro has offered to continue services on a month to month basis until a contract is awarded. Mayor Pruette stated Council had asked to have public input on the solid waste and recycling services. She suggested narrowing the selection down to two companies and holding two public hearings to hear what the public wanted. Councilor Wiley stated it came down to whether the City wanted weekly or biweekly trash pickup. He preferred two day a week trash pickup using carts provided by the contractor. He agreed Council needed to hear from the public. Vice Mayor Arthur stated he would like Council to hold another workshop before making a decision. He had questions regarding the different level of services and wanted to take time to review all the proposals. He asked if the holiday fund and the service failure fine system were still in place. City Manager Hyatt replied yes, those were included in the proposals.

7 April 18, 2016 WORKSHOP MEETING PAGE 7 Vice Mayor Arthur stated he would like to hear from the public regarding if they wanted to use carts and whether they preferred weekly or biweekly collection. Councilor Tucker stated she also wanted to hear from the public. She did not support narrowing the providers down to two out of the four at this point. Councilor Jolly questioned the difference between Advanced Disposal s proposals for level two and level four. Mr. Huntington, Advanced Disposal, explained with level two the customers would continue to use recycling bins. They would supply carts for the level four service. Councilor Jolly stated everyone on his block would prefer to go to once a week pickup using the large carts for recycling. Mayor Pruette felt using carts would help prevent trash cans and lids from blowing in the streets. She stated that Atlantic Beach has two collection zones. In each zone the trash, recycling, and yard waste are all collected on the same day. Derrick Redding, Advanced Disposal, stated that is correct, three trucks are sent out on the same day of the week. Mayor Pruette questioned the difference in price and asked if that would be feasible in Neptune Beach. Mr. Reddick replied yes. Mayor Pruette would like to compare the cost for one day a week pick up with trash, recycling and yard waste all picked up on the same day. This was not included as a service level in the original request for proposals. City Attorney Krechowski explained in his Atlantic Beach neighborhood trash, recycling and yard waste are collected on Wednesday. They use the 65 gallon carts. Councilor Wiley asked if the City currently receives rebates on recycling. Steve Crawford, Waste Pro Division Manager, replied if rebates are given for recycling they are shared with the City. Currently there is a charge for dropping off the recycling at Republic Services in Jacksonville. Councilor Wiley asked City Attorney Krechowski if Council members could meet with the companies individually to discuss the proposals. City Attorney Krechowski replied yes, as long as it was disclosed. Mayor Pruette asked if Council wanted to hold a workshop meeting prior to the May 2 nd regular meeting to discuss the proposals. She would prefer to hold another workshop and public hearing before the Council vote. City Manager Hyatt explained the Waste Pro contract expires at the end of May. The City would need to enter into a month to month agreement with Waste Pro to continue services. The once a week level of service the Mayor asked for was not included in his request for proposals. He asked City attorney Krechowski if each of the four companies could submit a bid for one day a week pickup for everything, or if another requests for proposal needed to be advertised. Vice Mayor Arthur stated he was not comfortable with a month to month agreement with Waste Pro. He would like to minimize the time length as much as possible. In his opinion only two of the vendors were in the competitive range. He suggested narrowing the vendors down to those two. City Attorney Krechowski advised Council would need to make a motion at the following special meeting to narrow the vendors down to two. Councilor Jolly stated the public needed to be noticed that council was seeking their input.

8 April 18, 2016 WORKSHOP MEETING PAGE 8 City Attorney Krechowski clarified, from the discussion Council wanted to hold a special workshop meeting prior to the May 2 nd regular meeting to discuss the solid waste services proposals and receive public input and hold a special meeting following the May 16 th workshop meeting to vote on a provider. Councilor Tucker asked that the public be provided the pricing, including the two that are eliminated. Councilor Jolly asked that the price sheet include the difference not shown between the level two and level four on Advanced Disposals proposal. FORWARD TO THE FOLLOWING SPECIAL MEETING. ISSUE DEVELOPMENT / NONE PUBLIC COMMENTS Mayor Pruette opened the floor to public comments. Lynda Padrta, 1113 First Street, voiced concern about her neighbor being able to place a chicken coop closer to her property than their own. She supported the idea of using carts for trash and recycling. Kerry Chin, 227 Margaret Street, clarified the Community Development Board did not want to outright ban ice vending in zoning districts. That is the reason they recommended them as a special exception. Allan Martin, 1113 First Street, voiced concern about hazardous waste being placed in carts and questioned who would be responsible. Jenni Janssen, Republic Services, stated Republic Services could offer a rebate for recycling because their company owned the recycling center. There being no further comments from the public, the public hearing was closed. COUNCIL COMMENTS Councilor Tucker stated she asked the City Manager to give Council a presentation regarding Code Enforcement. She would like Council to receive the presentation during the budget workshop process. Mayor Pruette the City needed to be careful when allowing special exceptions because special exceptions have been given for one purpose and then turned into something else in the future without the City s knowledge or approval. For example a special exception was once given for a spa and which has turned into barber shop without the City s approval. Adjournment There being no further business, the meeting adjourned at 7:41 p.m. Attest: Harriet Pruette, Mayor

9 April 18, 2016 WORKSHOP MEETING PAGE 9 Karla Strait, CMC, City Clerk Approved: