City Council - Regular Meeting

Good evening everyone. Welcome to our fourth victory Monday. Is this fourth in a row? Fourth victory. I'm running out of Jaguar print clothes. I'm not. I'm not. Uh our fourth victory Monday, our Hanukkah, our pre Christmas, and our last regular city council meeting of the year. Um, please join us for our invocation followed by the salute to the flag led by Mr. Jansen.

Good evening everyone. So before we go into prayer, I'm going to read the a passage from the Bible which is probably the most famous Christmas verse. It's from Luke 2 uh starting with verse 9. The shepherds are out in the field and an angel of the Lord appeared to them and the glory of the Lord shone around them and they were filled with great fear. And the angel said to them, "Fear not, for behold, I bring you good news of great joy that will be for all the people. For unto you born this day in the city of David, a Savior, who is Christ the Lord, and this and this will be a sign for you. You will find a baby wrapped in a m in a manger, swaddling, swaddling clothes and lying in a manger." Let us pray. Good and gracious heavenly father, as I lift my brother and sister up in prayer, we just thank you for all the blessings you give us. Lord, we just ask you to pour those blessings upon everyone during this Christmas season. Lord, we're so thank you for your son Jesus who you sent as an image bearer of Christ to bring salvation to all to all of us. And while while he was on the cross and he pierced and he pushed down in his pierced feet and cried out, "It is finished." We know that it was me it was meant for all of us. Lord, put your blessings upon our first responders and our military as some of them may have to work during our Christmas holidays to protect our peace. Lord, we just thank you for all these things. For it's in your son's name, Jesus we pray. Amen.

Amen. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. This meeting is called to order. Clerk, roll call. Council member Golding here. Council member Horn here. Council member Jansen here. Council member Sutton here. Council member Wagner here. Council member Waters here. Mayor Hoffman here. Moving on to approval of minutes. I move we approve the minutes from the regular city council meeting held on December 1st, 2025.

Second. We have a motion and a second. Any discussion? All in favor signify by saying I. Any opposed? Motion carries. Approval of the agenda. I move we approve the agenda. Second. We have a motion and a second. Any discussion? All in favor signify by saying I. I. Any opposed? Motion carries. Council announcements. Miss Goldie.

Thank you, Mayor. Um, first of all, I want to start off on a on a rather um difficult note. Um, yesterday some of our police officers were attacked by visitors to our community. And I just want to say I want to say that we I think I can speak for the entire council. We are behind our police officers. We appreciate everything they do every day to keep us all safe and it is totally unacceptable that we would have visitors come to our community and then attack our police officers. I want to thank Chief Smith for acting quickly and um for all our police department does to um to make sure that our community is safe and to hold people accountable so that uh people learn that if you're going to misbehavior, you should not come to Jack's Beach. So anyway, but on a on a lighter note, um I hope everyone had a chance to go to Tuba Christmas this Saturday. As always, it was amazing and it was very well attended. I love seeing all the people and I believe they announced there were over 175 tubas that participated this year and um again, Deck the Chairs is just a great event. Please get out and visit it if you haven't done so already. I want to mention because we will not have another council meeting until January 20th, uh, which is a Tuesday. So, want people to know that because of the Martin Luther King holiday, um, we will not have another council meeting until January 20th. Um, in the meantime, Beaches Watch is having a state of the

beaches meeting, which will is the annual meeting that Beaches Watch has with the three beaches mayors and Mayor Hoffman will be participating, as well as the Atlantic Beach and Neptune Beach mayors to talk about the state of our beaches, um, what has happened in 2025, what's planned for 2026. It's always a really good meeting. It will be uh Wednesday, January 7th at 7:00 at the Beaches Branch Library. Um great opportunity to hear from our mayors. So, I encourage you to uh plan to attend that meeting. And um just wanted to make a quick uh comment that several attended the Florida League of Cities Legislative Conference in Orlando. Um gosh, was it just like a week ago? Anyway, um it was a excellent excellent conference. A lot of really good information uh was shared to help prepare us for the legislative session because it will be a challenging one this year. Um as the city manager says, it doesn't seem like they can get worse, but every year they do seem to get worse. So, we are all getting prepared to um do our best to represent the city of Jacksonville Beach. Last but not least, I want to wish everyone a very merry Christmas, a happy Hanukkah, or whatever holiday you um you celebrate and look forward to working with my colleagues on this day in 2026.

Thank you, Mr. Horn.

Actually going to say something tonight, but then I just felt compelled um going to work my way through this. We've seen a lot of bad stuff in the news lately. Um, see a shooting at Brown University. Um, we saw the senseless murder of Hollywood icon Ron Reiner and his wife. Um, we saw um this massacre in Bondi, uh, Australia. And I I want to say a couple of things. There's probably a lot of different reasons for some of these events and the causitive factors behind them. I want to say that if you are someone you know is struggling with any kind of mental illness, there is help available to you, there are resources out there in the community, um if you feel that you are to the point where you want to go and take someone else's life. Again, there are resources out there. The holidays are very stressful for everybody. They're stressful for people with good mental health and they're even more so for people with um uh you know, insufficient coping skills. Um, so I want to say that there are resources out there and they are available. Um, in regards to the assault on our police officers, I will um agree with my fellow council member uh in that we will not tolerate this in Jacksonville Beach. I will say here on the Deis, I've said it multiple times here. I've said it publicly. I don't have a problem saying it again. I've asked Chief Gene Paul Smith to make uh the beaches as happy and inviting and as safe as possible for the citizens and all the people that want to visit and have fun and as uncomfortable and as unpleasant as legally permissible for anybody who wants to come here and cause problems. Um now that's the bad stuff. The good stuff is first off I let everybody know that I actually wore tie this evening. Very proud of myself. My wife even noticed. Um [clears throat] but I just want to say that I love this time of year. This is the time we get to, one of the things we get to celebrate is the birth of my Lord and Savior Jesus Christ. And I'm happy to be here and happy to I always say everybody needs a

little Jesus. I got a little Jesus right here. So, we'll have him sit right there for for the evening. All right. Thank you. Thank you, Mr. Horn. Anyone else? All right. Moving on to courtesy of the Florida visitors. We have uh quite a few for the same topic, but we will start with uh Mr. Kevin Brown. We'll get the sea turtles and maybe your last time speaking to us as a Jacksonville Beach resident. No, but I mean next time you'll be at you're moving across the street. Okay. Well, we'll we'll still let you come. Don't worry.

Okay. Um, first of all, I want to thank y'all for all the support you give me in my little groups. You've always been supportive and I am grateful for that and I want you to know that. Turtle season, I want to start this off by saying I want to get proactive with it. I want to be negative first. Last summer, we had 18 what they call disorientations. What that is in a nutshell is the turtles come out and instead of going that way, they go parallel or they go into the dunes. And it's because of lighting. It's artificial lighting. Um, I had the fortunate to take Councilman, Councilwoman Sandy Golden out one night and there are several um, condos and homes that are out of ordinance. And we have a light ordinance. And I realize, I know it's hard to enforce it, but we need to ramp up the culture a little bit. I gave everybody you should have a copy of it's a sticker. It's a cleans. I am not sure if this is permanent or if it's cleans cleans, but it was from Hilton Head. And anybody that's ever been to Hilton Head, it's a very affluent place much like us. And they have bought into this culture that was on every sliding glass door at every hotel. it in theory, which I did not check, but it was on every um bed and breakfast, every rental to where when those people saw, they knew they were visitors. They got to see that. Um I just want to stress and I want to start the ball

rolling that we have a light issue. I don't want to get it crazy like we have seen in the past, but I think we need to address it. Um, and we need to do that. Last year, out of the 18 disorientations, Jack Beach had 11. And I will tell you, the ones that I re investigated, those little guys went, one of them went seven blocks this way. And then, you know what we got to do is follow the tracks and kind of go up in the dunes with them and follow them. And they finally peeled off where there was no lighting. So, um, I'd like us to work with Beaches Energy. You know, they've done the stickers, they've done the coffee mugs, but I think this is something that would be a lot more effective and we can do a campaign and maybe even residents are going to be able to grab these things and put them at their homes, especially on the beach fronts. So, my my whole intention tonight was just to be proactive. I want to thank y'all for everything y'all do and uh I'd like to start talking about this a little bit. I think the stickers and magnets and mugs are great, but I don't think that's where we are right now. We need we need to get control of this these lights, these artificial lights. So, I appreciate your time. Merry Christmas. Happy New Year. And once again, thanks for all y'all do for me. I appreciate it.

Thanks, coach. All right, we will move on. Before we um go to the rest of the speaker cards, I uh ask our city manager to just read a statement just to kind of update everybody uh so we're all on the same page with the issues u regarding Discovery School.

Yes, Mayor Council, I know over the last week plus uh we've had some correspondence with you about what's been going on over at Discovery School and just wanted to read a quick statement to you. The city is aware of public concerns surrounding the Discovery School, ranging from traffic impacts to site development. We've been in contact with head of school, Miss Orbitsburgger or Britsburgger, uh, of the Discovery School to ensure compliance with permit requirements, including those that are conditional. The concerns regarding expiration of conditional use and deviations from site plans will be researched and reported back to council by our planning and development staff.

Thank you. So, we'll go through um the speaker cards. And just a reminder, there is no item regarding um Discovery School in front of the city council um tonight or or even in process. So, just you're aware of that. Um when I call your name, you can approach the podium. Um it looks like if the green light's on, it means the mic is on and give us your name and address and you'll have three minutes to address the council. Um Donnie Bruska,

thank you. I appreciate the update. Uh, it's unfortunate that it's taken this long to get here. Good morning, mayor, council members. My name is Donnie Braz. I live in Jacksonville Beach at 1511 Marsh Court. In August, my son was nearly hit by a car in front of Discovery School during pickup. He was forced off the sidewalk into traffic because cars were blocking the pedestrian access. There was no police officer, no teacher, and no one managing the traffic. It was a terrifying moment, but it prompted me to look closely at the rules governing how this school is allowed to operate in our residential neighborhood. What I found was disturbing. Discovery School operates under a conditional use approval that requires crossing guards during all pickup and drop off periods. Staggered times of at least 30 minutes to prevent congestion and required fencing and vegetative bar barriers on the southern property line to protect homes. These conditions are not being met. Instead, traffic is routinely compressed in a narrow time limits. Crossing guards are not present. Required buffers are incomplete. The shutter and 15th Street corridor becomes a dangerous choke point for emergency management services during school hours. Sidewalks are blocked. Streets are congested. This creates real safety risk for our community. City resources and taxpayer dollars have been used to help manage this private institutions traffic instead of enforcing the conditions already required by the city. The school's conditional use approval expired in 2022. Despite that, operations have intensified and expansion has continued. The campus today is material materially different from what residents were shown and what the planning commission approved in 2017. Since then, Discovery has constructed a new 8,900 foot building, expanded parking, nearly doubled admissions, removed mature trees without permits, conducted repeated after hours and unpermanented construction, and is now proposing a full-size athletic field directly along the residential property line. All without a public hearing, all without planning commission review, all without current use approval. The athletic field

would significantly increase intensity and use and impact our quality of life. Yet, residents were never given a voice because the rules meant to protect our neighborhood have not been enforced. Over the past several months, residents have submitted more than a dozen code complaints, requests for information, and please for assistance to planning development, code enforcement, the fire marshal, the city attorney, the Jacksonville Beach Police Department. We have not received meaningful responses. Today is the first response we've received. Meanwhile, expansion continues under approvals that no longer reflect current operations. Tonight, I respectfully ask the council to enforce the existing uh conditions of use of Discovery School, pause any future or current expansion, require a new conditional application that reflects the current operations at the site, and hold a new public hearing so the community can provide meaningful input on the development of our neighborhood. Thank you very much for your consideration and time this evening.

Thank you, Mr. Brzusa. Um, Sander Brzusa.

Good evening. My name is Sandra Brzusa and I live in Jacksonville Beach. On August 20 uh 2020 or uh 22 uh 2025 at about 4:30 in the afternoon, I was riding my bike home from Fletcher Middle during aftercare pickup at Discovery School. The sidewalk in front of the school was blocked by cars. I had no choice but to go onto the road. While I was in the street, a car driving the wrong way almost hit me. There were no crossing guards. There were no teachers, and there were no police officers. Please don't let this happen to anyone else. Thank you for listening.

Sean Mason uh indicates he does not wish to speak, but exposes expansion of Discovery School. Thank you for being here, Mr. Mason. Uh, Robert Phelps.

Good evening. I'm Robert Phelps and I'm here to talk about the uh the traffic. I live at 1614 Marshian Inland Court, J Beach. School's probably 100 yards from the front of my house. The traffic, like one of the previous speakers said, it's terrible. Um, Shedder, it's it's a it's a parking lot. It backs up. I've seen Penman back up um all the way from Shedder to Penman and then down towards Beach Boulevard. 15th Street, same way. It's so bad that cars, they go in the other lane because they're tired of sitting in traffic. They're going to have a crash before it's over with. Um, we've got Pablo Hamlet there, which is a 62 and older complex. We've got um the Jordan de Murray condos and also we have the Maride. What what we're having is if emergency responders have to go down there, they come from this fire station right up here at Third and Second Avenue. That that's their first Duke territory. So, the way they're going to come is they're going to come um down Sheddder and make a left if they're going to go south on 15th or make a right if they're going to go into Jordan Demer or go straight. If it's backed up, you know as good as I do. Time counts. There's one way in to Pablo Hamlet and one way out. Now, you can go out on Beach Boulevard and cut up by Taco Lou and cut through there. It's narrow through there. There's big fire trucks. So, that's where we run into a problem. Um, it's only a matter of time before somebody's going to need emergency services. They're going to get delayed.

The clear closest fire station is the one there at Sunshine Park. Both that one and the one that uh on Third Street have rescues and uh it's going to be a big problem. All right. Thank you. Thank you, Mr. Phelps. Victoria Ye.

Good evening. Victoria Ye, 1575 Marsh Inlet Court, Chuck Beach. Um, I think you've heard pretty much all of the safety concerns that we have. Um, I'm just going to reiterate one of the things that Robert just mentioned. So, coming out one day that actually happened to me is I came out of Marsh Inlet to go north on 15th Street South, meaning I have to pass in front of the Discovery School. There were uh teachers out there helping to have traffic flow, but in this scenario, both people at both ends, the teachers were waving people in each direction. So, I was paying attention. I didn't obey the one gentleman who was waving me on because in the oncoming coming my way in where I would have had right away in that lane, they were coming. So they do cut across into the other lane to avoid the traffic that's turning into Discovery School. One of these days there is a crash that is going to happen. Luckily, we're not going fast because it's it is a grid traffic grid. But there is some one of these days something is going to happen if this is not addressed. The other issues I would like to at least address and while it may not be safety is the quality of life and lack of privacy we now have on our street. The school has built as I think Donnie mentioned 8,000 plus square foot building that is about 15 feet off the property line. It runs my whole backyard. PE children, teachers, anybody who's in there can overlook my yard. There's lights on. Their service providers are there very inconsistently at all times of the night. Cleaning people, lawn maintenance people, they're not consistent when they come in. I've had cleaning people in

there, seen the lights blazing at 2:00 in the morning. The lawn and maintenance people don't come on a consistent schedule. They come usually a couple times a week. Sometimes in the weekdays in the evenings, but they come, they were there Saturday. They come many times on Sunday. And so I can't enjoy my backyard knowing that I could just go out there, enjoy the privacy, have a a morning coffee, read the newspaper, read a book, have people over for dinner because I can never depend on when there will be peace and quiet there. Um, and so that is something that also concerns me. I feel like my property value has decreased because of that because to try and show it and sell it where you've got this humongous building overlooking your property, no matter how much you landscape and make it nice, it it's, you know, something that everybody notices who comes to my house. So, I'd like you to at least consider that as well with their expansion.

Thank you, Miss Mr. Harold. Thomas Harold.

Good evening, Mayor Council. Uh Thomas Herald, 2796 Colonies Drive. Um I wanted to talk about the expansion of Discovery. We've really kind of um we've already talked about it so far. Just wanted to bring up three topics. Mainly the safety and the quality of life for the the people that live there. I live on the the distant side at Constitution Cove, but this the traffic that's coming through there in those specific time zones are really horrible at this time. So, the the compliance issues is is that as well is it's not about it's it's all about the children and the parents and the teachers at the school. Uh we want them to have a quality of life, but as I've been here before and mentioned quality of life, you wouldn't want this in your backyard either. So um one of the other topics is the discoveries conditional use of appro approval expired yet expansion of um deviations and continued without public input. So main thing is making sure that the neighbors have input for this and then residents are asking for a pause and infor enforcement of existing rules and new public hearings. Nothing more but then also is the ask. We just want they want to live coincide with there and we want to live with them as well. But uh be respectful ask the city council to pause the further expansion and require a new conditional use of application and hold the public hearings so that community can provide meaningful input. Thank you for your time. Merry Christmas and happy new year.

Thank you Mr. Herold. Uh Valdora Bolan back hopefully I got that right. does not wish to speak um but supports stop expansion of discovery school. Thank you for being here. Adam Bolandbach uh does not wish to speak but supports stopping expansion of discovery school. Cheryl uh Brusk Brusa. We're taking over. I'm gonna get it the third get it right the third time.

Hi, my name is Cheryl Brrisk. I live 538 Jack Street, uh Jack's Beach. Um, [clears throat] that's my nephew that almost got hit. So, um, and I go down this area numerous times a week. Um, and the traffic is just as bad as you've heard. It's actually worse. You can't get through. And everybody has talked about it. So, I will address the underlying issue. The reason there are too many cars is that they have let in too many students. there was a limit of 200 and it's well over 300 now. So we had to deal with 200 cars coming in all at the same time and now it's over 300 which is just a mess in a disaster waiting to happen. What I am asking you to do is to ask Discovery to stop adding or admitting any additional students. Every student is a car. Every additional car is a tipping point. And I'm asking them to stop it at this location. We need to compare this to other private schools like Episcopal, a small campus here at the beach and a large beautiful campus in a commercial area. And that's where Discovery School needs to go. They need to stop growing at this point. they are in a residential area uh area. They know that they moved to a residential area and that they would have to submit to residential rules. They have a limit about how many students they can have and they need to abide by those limits. So, I think we need to be encouraging Discovery School to open up a different campus so that they can meet all of their dreams and goals and not destroy the neighborhood that they're in. Thank

you so much for listening. Merry Christmas. Thank you, Miss Bruska. Michael Abernathy.

Hello, council members. My name is Mike Abernathy. I live at 1780 Marsh in the Court, Jacksonville Beach, Florida. Um I'm a quote um I have to look it up real quick. US Supreme Court Justice Oliver Wendel Holmes Jr. once said, "The right to swing my fist ends where another man's nose begins." The reason I bring that up because I think this what we're talking about is just our rights as a community. You know, our rights to safety. You know, we shouldn't have to worry about is my daughter going to go play and get hit by a car? Our rights to enjoy the property that we pay taxes on, unlike the discovery school. You know, when I heard Donny's story, you know, it really struck me. You know, my daughter loves to go out and run and play. You know, how would you feel if you had to worry about your daughter if she get hit by a car that day? All we're asking for is, you know, we feel like we're David verse Goliath. You know, they've been allowed to do this for years going unchecked. So, we're coming to you asking for help to help us keep our family safe and our kids safe.

Thank you,

Mr. Abernathy. We have a speaker card from Paula Paula Posiro. Did I get it close? Um, does not wish to speak but uh supports stopping expansion of Discovery School. Thank you. And then we've got one more. Brusa. Melissa does not wish to speak but uh supports stopping expansion of Discovery School. Uh Barbara Black does not wish to speak but also supports stopping expansion of Discovery School. And Robert Mueller who does not wish to speak and supports stopping expansion of Discovery School. Uh thank you all for being here and for your comments, taking the time out of uh your busy schedules to share um your thoughts on this matter with us. I don't have any other speaker cards. Um you are welcome to stay for the rest of the meeting, but in case anyone wants to depart at this time since courtesy of the floor is over, we're going to take just a 30 second pause to let you do that before we get back to our meeting. But it's it's a it's a banger. We've got a lot of really good items on the uh agenda today. So, if you've ever wanted to uh learn more about uh franchise agreements with other cities for electrical utilities, now is the time. Thank you. Merry Christmas. Please be safe. Have a safe and happy holiday. So, they weren't all here for the franchise agreement with Neptune Beach. [laughter] You cannot be that sassy when you're

wearing a Christmas ornament tie. Councilman Horn. Okay. Can someone just pop out there and just ask them to keep keep No, never mind. They're going. I can hear it. They're moving. It's cold outside. I get it. Okay. Moving on to consent agenda. I move to approve the consent agenda. Second. We have a motion and a second. All in favor signify by saying I. I

any opposed? Consent agenda passes. All right. I should have asked them to stay for this presentation. It's always such an honor to be able to do presentations like this. Tonight, we're going to recognize our deputy city clerk, Jod Lynn Bird, for earning her certified municipal clerk designation. Jod began her journey almost 10 years ago with the city of Jacksonville Beach in May of 2020 2015 as an administrative assistant in the clerk's office. After working in the front office for six years, she was promoted to the deputy city clerk role in September 2021. Jod has been proactive in renewing local business taxes, instrumental in organizing interviews for all city board members, and took the challenge of organizing a newly created citizen information academy, among other day-to-day operations. Jod has been a member of the International Institute of Municipal Clerks as well as its partner organization, the Florida Association of City Clerks for eight years. Both the IIMC and the FACC are professional associations that promote continuing education specific to all job duties relating to municipal clerks. To achieve the CMC designation, Jod attended FACC conferences, webinars, and continuing education classes for a period of over two years. These courses included job specific training such as conducting municipal elections, recording minutes for public meetings, public records, laws and maintenance, interpreting state statutes, etc. When asked about her experience of earning CMC, Jod stated, "The most significant benefit I have gained from participating in the certified municipal clerk educational training program through IIMC and FACC is the access to extensive support, shared knowledge, and networking opportunities. These resources allow me to discuss challenges and questions of mutual interest, all with the goal of enhancing the efficiency of the city clerk's office. As I continue my

training toward achieving the municipal master municipal clerk certification, I look forward to further cultivating professional relationships and participating in the mentor program where I can share my experience, knowledge, and accomplishments with others in the field. Please join me in congratulating Jod for her efforts in becoming a certified municipal clerk. I really love that specifically mentioned and with the board interviews and really streamlining that process. Um, running managing our elections has improved so much over the past few years and of course the citizens citizen information academy is an undoubted success and it really has um done a lot for our citizens opportunity to engage with their city government and with their with the departments of the city. So, I really appreciate all that you've done and appreciate that you've continued your education so that you can benefit not only yourself professionally but uh the city clerk's office and our city as a whole. So, thank you for that. Okay, the long reading I think is done for me today. No, it's not. Okay. Uh moving on

to resolutions. We will begin with our city procurement manual. Miss Gossip.

Uh good evening, Mayor Council. Ashley Gosset, CFO. Um, I'm very excited that the resolution before you tonight for consideration is to adopt a new procurement manual, which is the result of a strategic plan project to conduct a comprehensive review and update both our existing ordinance and manual. Our project goals were to ensure federal, state, and local regulatory compliance, provide important safeguards to mitigate risk in the use of public funds, support city strategic pro objectives, and to simplify the buying process. City council and staff discussed the proposed updates at briefings held on September 8th and November 10th. Um, the most significant change in the manual and ordinance is to increase the city's bid threshold from $25,000, which was set in 2008, to $50,000, which is in line with other local governments uh of the similar size and scope of operations. And as always, I'm happy to answer any questions you might have.

Thank you, Miss Gosset. Um, as she mentioned, uh, we did have several opportunities at briefings, uh, to go in depth on the procurement man manual, and it's something we've been working on for quite some time. So, thank you for that. We'll go ahead and have a motion. I move we adopt resolution number 2202-2025 adopting an updated and revised city procurement manual. Second. We have a motion in the second. Any discussion? Seeing none, Madam Clerk, roll call. Council member Holding. Yes. Council member Horn. Yes. Council member Jansen. Yes. Council member Sutton. Yes. Council member Wagner. Yes. Council member Wowers. Yes. Mayor Hoffman.

Yes. Motion carries. Congratulations. [laughter] And right under the wire. So you got it done in 2025. Well done. Um Mr. Put coming up. Franchise agreement. Mike. Alan Pton, director of region center. We spoke about this at the uh council briefing a couple weeks ago. Um I'm just going to cover the key substantive updates. Uh undergrounding coordination costing process and responsibilities. Um Neptune Beats wanted to be able to underground other areas where we may not agree that needs to be done for reliability. So we have a process where they could actually pay us for that because normally we wouldn't we would never do that. So the other change was a 30-year agreement. Um the previous agreement was a 20-year agreement. This was a 30-year and it goes year to year after that. Um third thing is the sale of the if we were to contemplate the sale of beaches energy, we are required to have public meetings with Neptune Beach. And lastly, um after our last meeting with Neptune Beach, we just modified the street lighting agreement section. Um they thought they might want to add some different types of street lights and as long as that was economically feasible for Jack Speaks, we would consider it. So, those are the updates.

Thank you, Mr. Putnham. Can we have a motion? I move we adopt resolution number 2020 2205-2025 adopting the city of Neptune Beach franchise agreement and authorizing the mayor and city manager to countersign the franchise agreement upon adoption. Second. We have a motion and a second. Any discussion? Mr. Waters. Thank you, Mayor. Uh, Mr. Putinham, I just wanted to ask you a question about something we discussed in the briefing. That being I believe you stated that underground is more reliable, but our friend from Neptune Beach said their above ground was fine and just as reliable. Did I understand that right or do you have any thoughts on that? I

I don't believe I don't believe that's what they meant. They they only got one section left that's overhead. One one large section where it's actually feasible to go underground. Um, so I no it's not more overhead is not more reliable. Underground is certainly more reliable.

Thank you. Any other questions from council? Madam clerk, roll call. Council member Horn, yes. Council member Jansen, yes. Council member Sutton, yes. Council member Wagner, yes. Council member Wowers, yes. Council member Golding, yes. Mayor Hoffman.

Yes. Motion carries. Uh, next up we have our first ordinance, Miss Gossip. So, this is the second reading of the ordinance to increase the bid threshold from 25,000 to 50,000. Um, also in this ordinance, it's a little tidy work. We're taking out the definitions from the ordinance and moving it over to the manual. Uh, and we're removing a section about the uniform accounting system that was uh, put in place in 1978. It's part of state statutes and so it was unnecessarily in the ordinances. So, we're asking to remove that one as well. And I'm happy to answer any questions.

Thank you, Miss Gossip. Madam Clerk, will you read the ordinance by title, please? An ordinance of the city of Jacksonville Beach, Florida, amending chapter 2, administration of the city of Jacksonville Beach, Florida, code of ordinances by repealing chapter 2, administration, article one in general, section 2-1, purchase of materials, etc. in ex in excess of specified amount. Publication of notice for bids definitions amending and renumbering section 2-1.1 purchase procedures contracts etc and repealing se section 2-2 adoption of uniform accounting system providing for legislative findings repeal of conflicting ordinances severability scrier's errors codification and an effective date

thank you this ordinance is before the council for a public hearing and consideration on its second reading. I will now open the public hearing on ordinance number 2025-8230. Uh I do not have any speaker cards on this item. Is there anyone in the audience that would like to speak for or against? This public hearing is closed. May I have a motion? I move we adopt ordinance number 2025 8230 on the second reading amending the bid threshold in the city code of ordinances chapter 2 administration article one in general. Second. We have a motion and a second. Is there any discussion from councel? Mr. Wowers.

Thank you. I'm not sure if this question should be directed to Miss Wisconsin or to Mike. Um, just so I understand, the state uh has 35,000. What do other small cities have 50,000 or what what is the benefit or why did we do that? So, I can answer that. Um, uh, the 35,000 is for the state, um, purchases, anything that's done through the Department of Management Services. Um, the local governments have the authority to set their own procurement thresholds. Um, we have been at 25,000 since 2008. We surveyed uh, like cities in terms of population and scope of surveys. Um, and we spoke to our staff about kind of uh were what made sense, what was the right fit for us. And we found that a lot of our neighbors doing the same thing that we're doing are setting it theirs at 50,000. There are some folks that are above that and there are some folks that are below that, but the kind of the average of the other entities was set at 50,000.

So, in your judgment, this is a prudent thing to do. I do feel like it's appropriate for the city at this time. Okay. Well, then I support it. Thank you. Any other questions or comments? Madame Clerk, roll call. Council member Jansen, yes. Council member Sutton, [clears throat] yes. Council member Wagner, yes. Council member Wers, yes. Council member Golding, yes. Council member Horn, yes. Mayor Hoffman, yes. Motion carries.

Our next ordinance, we'll turn it over to Mr. Met, city attorney. Uh, thank you, mayor. Earlier this year, the Florida legislature passed Senate Bill 954, which requires local governments to adopt an ordinance establishing a process for applicants seeking reasonable accommodations from land use regulations that serve to prohibit the establishment of a certified recovery residence. Uh these facilities are also commonly known as sober homes offer structured supportive living environments for individuals recovering from substance abuse disorders. Um the governor approved the bill um and signed the bill and it was codified into law. Uh one of the requirements of this bill is is to pass this ordinance uh basically immediately. We weren't given much lead time. Uh so my office coordinated with some other local government attorneys from around the state uh because we were all it was a kind of a shortfuse item. Um we've come up with this proposed ordinance. I've worked with our planning and development team on this. Um tonight's the first reading. Um, this would allow a a process whereby through the Fair Housing Act and the American with Disabilities Act, uh, there would be the opportunity uh, for someone to petition the city um, for relief from from our zoning regulations. There are about seven or eight specific requirements that have to be in the ordinance under under the the bill that was approved by the state, and we have put all those requirements in there. This uh the planning commission I want to point out uh heard this matter last week uh because it will uh amend our land development code and and the planning commission reviews anything that would propose to amend our land development code. Uh again we were on a

very short timeline for this. So they did um bring up two um conditions that they wanted to bring to city council's attention. Uh the first is throughout the ordinance uh we put language given the city manager authority uh to take certain steps and we say city manager or designate which is uh standard of protocol for orderly operation of city business. Uh the planning commission recommended designate be removed in all instances and say city manager only. Uh and the second thing they recommended is not really a change to the ordinance uh but they would request uh city legal staff uh come before the planning commission early next year uh to go over this big picture matter in more detail which I'd be happy to do. Uh with that I'd be happy to ask uh ask answer [snorts] can I ask you guys some questions? I'd be happy to answer any questions or or give any more feedback. Um, this will come back before you if if you proceed tonight. This will come back before you in your first regular meeting in January on the 20th for second reading and approval. Thank you.

Thank you, Mr. Met. Madam Clerk, will you read the ordinance by title, please? An ordinance of the city of Jacksonville Beach, Florida, amending City Code of Ordinances, Chapter 34, Land Development Code, Article 7, Site Development Standards, Division 2, Supplemental Standards, by creating a new section 34-733 requests for accommodation to provide procedures for handling and processing requests for accommodation from the city's land development code. providing for the repeal of conflicting ordinances, severability, scrier's errors, codification, and an effective date. This ordinance for the amendment of the land development code is before this council for a public hearing and consideration on its first reading under the laws of the state of Florida. An ordinance which changes the actual list of permitted, conditional, or prohibited uses within a zoning category or which otherwise changes the text of the land development code is a legislative proceeding. A legislative proceeding means that a govern governing body is acting in its rulemaking capacity. It is the duty of the council to arrive at sound decisions regarding the use of property within the city. This includes receiving citizen input regarding the proposed uses within a zoning category. The application has been reviewed by staff and the planning commission for consistency with other portions of the land development code and the comprehensive plan. The council may hear from all interested parties in the legislative determination of an amendment to the text of the land development code. The council's decision on a text amendment application is based on the criteria set forth in section 34-538 of the land development code. Each member of the council has been provided a copy of this criteria. I will now open the public hearing on ordinance number 2026-8232. The public hearing is open. I do not have any speaker cards on this item. Does anyone in the audience wish to speak in favor or against this item?

Seeing none, this public hearing is closed. Can I have a motion? I move we approve ordinance number 20 2026-8232 on its first reading amending chapter 34 article 7 division 2 supplemental standards by creating a new section 34-733 request for accommodation from the city's land development code and schedule a second reading for January 20th 2026.

Second. We have a motion and a second before opening the floor for discussion or questions by the council. Please be reminded that our decision will be based on the criteria set forth in the land development code staff's report, the recommendation of the planning commission and the public input at all hearings. Mr. Jansen.

Yes, this is going to be a question for Mr. Migot. So, as soon as I saw this hit the agenda, I um I dove into the riveting text of Senate Bill number 954. And um I got to what's in essence the second paragraph 15A where it says, "By January 1st, 2026, the governing body of each county or municipality shall adopt an ordinance establishing procedures for the review and approval of certified recovery residents within its jurisdiction." And he goes on beyond that if you want to read more. For me, the pivotal word in that in that first sentence of that paragraph is or. So, it says the county or a municipality shall establish this and not and. So, we're within the county and I know that Duval County has these these residents established already. So why is it that we since the county has it and it's an or situation, not an and or or an and and do we have to submit to this when we're within Duval County? So I actually discussed that exa exact language uh with at least one other local government attorney. Um and everyone again we are put under a very tight t time frame. Everyone is just proceeding on by airing on the side of caution. Uh there I talked uh in addition to talking to one specific attorney on that language, I've also seen five municipalities this month uh bringing forward sim uh similar ordinances to this one. So everyone is just proceeding um under the the stance of let's go ahead and pass an ordinance rather than potentially being in violation of of state law. So, we're putting a little bit of a bind with with the timing of this, but everyone is just proceeding with um reading that language as not not an option for city or county, but

you know, just not the not the clearest use of the word and or the word or, but proceeding with everyone needs to do it.

Well, I I I hear what you're saying, but I also will tell you in my 28 years in dealing with the law, those are pivotal words and they can be defended. you know, if they say and a municipality, then municipality has to support it. But if it's an or situation and we're within the within the county, I kind of feel like it falls on the county's shoulders and not ours. I hear what you're saying. I understand what you're saying. You're airing on the side of caution, but the words are clear and and as it stands now, I I I'm a no vote on this one just because of it doesn't say, you know, the words are clear to me. Now, maybe they need to get a glitch bill and correct their collect their verbiage, correct their verbiage in the bill, but as it stands now, it's over.

If I could just add one one more thing, and and I I see where you're coming from, but under the under the Fair Housing Act and the American with Disabilities Act, uh we almost certainly would have to take the action that this ordinance would mandate we take, even if we don't enact this ordinance. uh if if someone in this situation came to us for a relief from our our land use code even without the state law they might have a valid claim under the Fair Housing Act or American Disabilities with Americans with Disability Act if we did not provide a reasonable accommodation. So I think we're likely going to have to take the end result even if we don't pass this ordinance if if an issue that the ordinance that the state law contemplates were to arise in our city. So, I don't know if it's it's worth potentially clashing with the state when it's something we're going to have to do regardless of passing an ordinance. But I I see where you're coming from, but that's another thing I think perhaps to just consider.

Thank you. Thank you. Mr. Waters,

thank you, Madame Mayor. Uh, city attorney uh Migot. Uh, Mr. Make it does this apply to all are you saying a recovery home could be in any of the zoning districts? I believe there's seven RS1 and so on. So planning and development staff that has the technical expertise could answer answer that question for you that they an emergency came up today that pre prevented one of them from being there. I don't want to misspe. I also will make sure we get an answer to you. Um, but I I don't want to answer that and misspeak. Um, so let me let me get back to you on that well in advance of the second reading.

And I apologize for not having talking to you earlier about this. Um, but I do share Councilman Jansen's concerns. Thank you, Mr. Ragner.

So, um, I I think this is an interesting topic. Um, so as many of you know, I was on the board of Angelwood for about 10 years. And what Angelwood, one of the many [clears throat] things they do to support their mission is they provide group homes for people with developmentally dis developmental disabilities. And I can tell you, I've been to a bunch of meetings that look like our meeting started off today where we had wonderful concerned residents coming up and speaking out against a group home going into their neighborhood. And even though that was part of our mission was to create safe places for people with uh developmental dis disabilities to to live and to prosper, it's still struggles in a lot of neighborhoods and a lot of communities do struggle with these from does the because I I just didn't read the original bill. Does it contemplate any way that concerned residents are allowed to um legitimately bring a concern if they have a concern around uh group homes in their neighborhood and the impacts to the property. And now, and I'm saying this because I really want to I want to make sure that if our residents don't have the don't have appropriate rights that we at least know that, be able to communicate it to them. Um you know, I am a fan of, you know, group homes. So, you know, it's not that I'm trying to figure out a way out of this. I just it just it's one of those things where I want to make sure that we we can effectively as representatives of our community effectively communicate to our communities.

Does that make sense? There's there's a section in the U uh in SP 954. I believe it's on line 81. I just didn't get to read 954. You want a number of mine? Sure. Yeah. Maybe one's got it. Can you give me these the section number I pulled up in the laws of Florida version?

Sure. It is um let's see it got to get up to the so subsection 15B and then further down um I believe sub paragraph D and what it says is the ordinance may not require a public hearings beyond the minimum required by law to grant the requested accommodation. So, we we follow the ADA and and FHA uh requirements and then we can't we can't go above and beyond that on on the way I'm reading this language. That's request for accommodation is that not for I'm sorry

is my question is that I think were you asking subsequent to the granting of the accommodation if they're again because I think that's one of the things I'm concerned about is that say I mean again this is being forced down our throat. We're being forced to do this. We don't have a choice and from the state level. But if we have to put this in there and someone comes along, where is say six weeks, six months, six years down the road, this becomes a problem in the local residential area that they now have a business next door. Um where what redress do the citizens have? That's one of the things that just sticks in my mind and I don't really see a lot here for that. what options,

Mr. Wagner. I'm sorry. Were you finished with your comments? Okay. And apologies for interrupting. I think a very similar comment. So, thank you, Miss Golding.

Um, in followup to Mr. Jansen's comment. Um, I guess I would just ask the city attorney this. It seems to me like this still applies to us because it's it has to do with granting relief from our land development code and Duvall County does not dictate what happens with our land development here in J Beach. So I think just by the nature of that we want to have it in our code so that we are managing it not Duvall County managing our land development. So um they may have not worded it very well but I think ultimately we all want to make sure that it's something we're dealing with when it comes to our land development. Am I correct with that Mr. Mug?

I think that's a very valid point. Yes. Okay. Thank you. Any other questions or comments? Mr. Sutton,

David, your response to um Councilman Jansen a few minutes ago regarding uh we we'd probably have to provide the accommodation anyway and that really override state law with federal law. Correct. Yeah, there there was um back in 2007 as as part of my research, I I found a a federal court case here in Florida um which case of Jeffrey v. city of Boca Raton um where uh recovering alcoholics and drug addicts and operators of substance abuse treatment facilities brought an action alleging that the city of Boca Raton had an ordinance um they had an ordinance barring facilities from residential areas uh relating to sober homes um and recovery areas like uh housing like this and they alleged it violated the Fair Housing Act and title two of the American with Disabilities Act and the district court the federal District Court uh found that the recovering alcoholics and drug addicts did suffer a handicap under the Fair Housing Act. Uh that the ordinance violated the Fair Housing Act and the Bokeh ordinance had an occupancy limitation of three unrelated people in a residence and they they found that violated the Fair Housing Act as well. So, I I think I think that case is is on point. And, you know, if if an issue like this arose in the in the city and and we didn't pass this ordinance, I just it sets us up for more legal liability, both, you know, we're in violation of state law and then there's additional federal FHA and ADA laws to contend with as well. And if we were to pass uh this evening as presented, is that inclusive of the recommendations from our planning commission or that would need to be amended to include those?

Uh well, the motion on the table now would not. But if I if I may uh briefly give you uh my opinion on that, which I I hadn't done yet. Uh the second one is nothing you all have to do. I'd be happy to go see them. Um, the first one, if if the city manager defers with me, I'd like to hear him speak after I speak, but I think it's uh it's the orderly course of city business to allow that the city manager to uh have a designate uh to take certain actions. I know I know the city manager, if and when he does that, uh he's diligent about it. He makes sure it's for the proper conduct of business. So, I I would personally I I don't think it's it's the worst change if we change it, but I think government could run slightly more effective if we do not adopt that first proposed change by the uh planning commission. And I don't know if the city manager wants a a pine on that or not, but that's just my opinion.

Mr. Sentinel, was that it for your questions? Thank you, David. Okay. Uh, Miss Golding,

just real quick, um, something that that Mr. Migot said made me think about this and I wanted to share it with the rest of my colleagues because I had discussion about this with Sam Wagner who's with the Florida League of Cities when this was passed. Um, this is a classic case of issues in South Florida in in just a very few places causing this legislation to be passed, which is now impacting all municipalities throughout Florida. So, this is another reason why it's so important for us to stay involved with what's happening in Tallahassee because we have to be communicating with our legislators to let them know that this is, you know, you you don't, you know, pass something for the whole state when it's just an issue in one area. So, just wanted to share that with everybody.

Mr. Horn, I just I think I alluded to this previously. But I just want to make sure I say it on the record that I well a couple of things. Number one, I do not have a problem with sober living houses, but my issue with this is that we are, like we mentioned previously and multiple times now, this is a state initiative, a state um uh uh act being forced on us without uh allowing us to have local um input, allow allowing us to have home rule. And I just want to make sure that I'm on the record saying I'm happy to support us controlling our, you know, uh, de land development code to the best we can, but I'm against the fact that the state's forcing this on us. Thank you, Mr. Horn, Mr. Jansen.

Yeah, I just I'm going to piggy back off that a little bit. So, I do agree with uh council member Golding on the fact that this is kind of overstepping um uh home rule, but I also in the same vein disagree that the that the county can come in here and delve into our land development code. Um at the end of the day, the responsibility falls on the state. And I've said this on the DIY before and I still stand behind it that uh they look at it as a one-sizefits-all for the state and it's not always that way. and we need to have the input and nor does it negate your responsibility to make sure you get your language correct before you start issuing out statewide amendments. So, as far as I'm concerned, it's the incumbent is upon them to make sure that they get their language right before they start making everybody do it in such a short time frame as well. Like, you have two weeks, get it done or else. And it Well, how about this? Get your language right first and then we'll talk about it. Let us know how that goes for you, [laughter] Mr. Wowers.

Thank you, Mayor. So, um, Mr. Meet uh your reading of this federal case, I believe the federal district court in Florida 2007, does that preclude uh a a town like ourselves from limiting what residential areas one of these homes can be in? As you

I don't want I don't want to give a blanket answer. We if if we got any sort of request, we would review it on a case-by case basis. Uh, and we'd be mindful of that of that case to make sure we're not violating federal law. But we would review the specific facts to see if it's something that is uh, you know, first step would be is it in compliance with our land development code. Um, if if it's not and and it it escalates from there, we would review the case law specific to that case. So, I can't give you a blanket answer. um it would need to meet, you know, the the case law is limited to to to that matter. It would have to be on point or an analogous situation for the for the case law to apply. I'm just saying it it doesn't mean that's cart blanch of blanket approval because there's a case from 2007. We would look at everything very closely uh to see if that if the federal law would require us to take action even if it was not um required under our landline development code. If I could ask one followup question perhaps of our city manager. Um Mike, do are there any homes in RS1 or RS2 or RS3 districts, zoning districts that you know of?

I do not know the answer to that. That would be a business tax question, I'm guessing, which we can research and let you know before second year. Thanks, Mike.

I don't see any other lights on the board. Um, I would just remind the council that this is um up for a vote on the first reading and we have over a month before the second. Um, and I would think between now and then there's since we're not alone in being under a short timeline that we'll see a lot more information of what other cities are doing. Also, um, at the second reading, we need to I know there was something that came up, but make sure we have someone from planning here that can answer the u more nitty-gritty questions for us. So, thank you for keeping it on the agenda um so that we can at least have the the first reading vote and uh we can also discuss the recommendations of the planning commission uh at that time too if we want to um do any amending or anything like that if everyone is good with that. Any other questions or comments? Madam clerk, roll call.

Council member Sutton. Yes. Council member Wagner. Regrudgingly, yes. What' you say? begrudgingly. Yes. It's just a yes. [laughter] Council member Wowers, no. Council member Golding, yes. Council member Horn, begrudgingly, yes. As well. Council member Jansen, no. Mayor Hawkman, yes. Motion carries. And we will have that second reading in January. Our last issue of the year. Trevor, take us home.

Trevor Hughes, chief of parks, development, maintenance, parks and recreation. Um, in keeping with the strategic plan, uh, parks are looking to amend the city code of ordinance chapter 20, parks and recreation. Uh, these changes will help line up with current operations, offer better enforcement, and strengthen coordination with related ordinances. Some of the highlights are assistance with severe weather policies, uh, wildlife management, and the renaming of our tennis center. I'm available for any questions.

Thank you. And for those listening at home, we did, uh, go through these proposed changes at a recent briefing, so we have had an opportunity to dive into them. Um, but thank you for that recap and summary. And can Oops, sorry. I have one last reading to do. Madame Clerk, will you read the ordinance by title? An ordinance of the city of Jacksonville Beach, Florida, amending chapter 20, parks and recreation. Article 3, use regulations. Article four, park rules and regulations of the code of ordinances to make corrections and add a section to provide codified local rules, regulations, and enforcement provisions concerning the city's parks and recreation, and providing for legislative findings, repeal of conflicts, severability, scrutiners, errors, codification, and an effective date.

Thank you, Madam Clerk. This ordinance is before the council for a public hearing and consideration on its first reading. I will now open the public hearing on ordinance number 2025-8231. I do not have any speaker cards on this item. Would anybody in the audience like to address this ordinance for or against? Seeing none, we will close the public hearing and ask for a motion. I move we approve ordinance number 20268231 on the first reading amending the city code of ordinances chapter 20 parks and recreation article 3 use regulations and article 4 park rules and regulations to make corrections and add a section to provide codified local rules regulations and enforcement provisions concerning the city's parks and recreation and the schedule second reading for January 20th 2026. Second.

Have a motion and a second. Discussion or questions from council. Mr. Ragner. Really like Thank you, Dan. Really like changing the name of the tennis courts, the Jacksonville uh beach tennis club. And so I hope there's some plans for some cool logo stuff out there. It's an opportunity for revenue. And it's just a cool sounding name. If you need a mascot, a goose would probably Great. No, too soon. Mr. Horn,

I just wanted to comment. Um, happy to see that, you know, there's been a lot of concern about people feeding the geese. I still think we need to look at the bigger issue of what to do with said geese, but that's another issue down the road. But I'm happy that we're getting to this point. Thank you. And is this a bad time to remind everyone about the employee lunch tomorrow, Mr. founders. Thank you. Uh, Councilman Horn, what solutions would you suggest? Before we fall to Wait, do you have a witty retort? If you have one ready, go ahead. Yes. Okay. I

was going to say, I'm going to rent two Dobermans to the city of Jacksonville Beach for an exorbitant fee and we'll run those geese off quickly. Anybody else? Anybody else got jokes? Thank you for your work on this. Uh, Madame Clerk, roll call. Council member Wagner, yes. Council member Waters, yes. Council member Golding, yes. Council member Horn, yes. Council member Jansen, yes. Council member Sutton, yes. Mayor Hoffman, yes. Motion carries. Last item, adjournment. I move to adjournment. Second. Motion a second. All in favor signify by saying I. I. Any opposed? I. Merry Christmas.

You guys can stay here. Merry Christmas. We'll see you in 2026.