11-14-22 Regular Commission Meeting Adopted Minutes's 'rj,s,. MINUTES
Regular City Commission Meeting
Monday, November 14, 2022 - 6:30 PM
Commission Chamber
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called
the roll.
ATTENDANCE:
Present: Ellen Glasser, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2
Michael Waters, Commissioner - Seat 3
Candace Kelly, Commissioner - Seat 4
Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5
Also Present: Shane Corbin, City Manager (CM)
Brenna Durden, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Kevin Hogencamp, Deputy City Manager (DCM)
Ladayija Nichols, Deputy City Clerk (DCC)
CHANGE TO ORDER OF AGENDA
Mayor Glasser asked to move Item 8I before 8A.
MOTION. Move Item 8I before Item 8A.
Motion: Brittany Norris
Second. Candace Kelly
Ellen Glasser
For
Bruce Bole
For
Michael Waters
For
Candace Kelly (Seconded By)
For
Brittany Norris (Moved By)
For
Motion passed S to 0.
1 APPROVAL OF MINUTES
Mayor Glasser referred to all sets of minutes and asked if any corrections or changes are
needed. There being none, Mayor Glasser stated the minutes stand as submitted.
1A. Approve minutes of the Town Hall meetings held on April 23, 2022 and July 16, 2022.
Regular City Commission
November 14, 2022
Minutes stand as submitted.
IB. Approve minutes of the Regular Commission Meeting held on October 10, 2022.
Minutes stand as submitted.
2 COURTESY OF FLOOR TO VISITORS
Mayor Glasser presented a bike to Hallie Stevens as a drawing winner for completing a community outreach
survey.
PUBLIC COMMENT
Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors.
City Clerk Bartle called each speaker to the podium.
Brinkley Harrell expressed concerns about the process for hiring a city attorney and purchasing vehicles and
spoke about parking issues.
3 CITY MANAGER REPORTS
3A. 90 -Day Calendar (Nov. 2022 - Jan. 2023)
There was CONSENSUS to accept the 90 -Day Calendar.
3B. Singleton Mobile Home Park
John Dekle, attorney for the owner of Singleton Mobile Home Park, reviewed the options and the
proposal offered to the City (as included in the agenda packet).
CA Durden and Mr. Dekle explained details about the proposed contract and answered questions.
Discussion ensued regarding the future of the mobile home park and specific details of the contract.
There was CONSENSUS to go with Option 2, with a white vinyl fence.
CA Durden would continue to work with Mr. Dekle and would present the Commission with a
Resolution for formal consideration.
3C. Permitting Survey
CM Corbin announced the City released a survey regarding Building and Land Development Permitting
and would be promoting the survey for the next 30 days.
3D. Tropical Storm Nicole Proclamation
CM Corbin provided an update on storm damage, including approximately 40 feet of dunes from the
beach.
4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4A. Charter Review (Mayor Glasser)
Regular City Commission
November 14, 2022
Mayor Glasser spoke about her suggested charter review topics as detailed in the agenda packet. CA
Durden explained the requirement to appoint a Charter Review Committee and provided an overview
of the Charter Review process.
REPORTS:
Commissioner Bole spoke about beach access and beach renourishment issues and asked staff to
research options for both.
Mayor Glasser advised about the Duval Shore Protection Project which has been in place since 1978
and the cost share.
Mayor Glasser spoke about a Commission priority of establishing a formal Employee Recognition
program for employees with five-year service increments. She mentioned that a picnic was held last
month. She presented a slide show containing photos of employees with more than 20 years of service
and spirit award recipients. Applause was given to those in attendance at this meeting.
5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6 CONSENT AGENDA
6A. Declare P4 and P29 Utility Trucks as surplus.
MOTION: Approve Consent Agenda Item 6A as written.
Motion: Brittany Norris
Second. Michael Waters
Ellen Glasser
Bruce Bole
Michael Waters (Seconded By)
Candace Kelly
Brittany Norris (Moved By)
Motion passed S to 0.
7 COMMITTEE REPORTS
7A. MCHWB Final Report (Mayor Glasser)
For
For
For
For
For
Mayor Glasser spoke about the Mayor's Council on Health and Well -Being Committee.
Jessica Ring, Chair, and Steve Piscitelli, Vice Chair, reviewed the MCHWB Final Report and
Recommendations as detailed in the agenda packet.
7B. Reappointments and New Appointments to Various Boards and Committees
Mayor Pro -Tem Norris spoke about recommendations on reappointments and new appointments for
various boards.
Commissioner Bole thanked Mayor Pro -Tem Norris for her dedication to the boards.
Regular City Commission
November 14, 2022
MOTION. Reappoint Jeff Newman, John Miller, and An Oskarsson and appoint new members Angela
Farford, Harold Gear, and Hillary Hickam, as recommended by the Board Member Review Committee
and listed in the report.
Motion: Bruce Bole
Second. Candace Kelly
Ellen Glasser
For
Bruce Bole (Moved By)
For
Michael Waters
For
Candace Kelly (Seconded By)
For
Brittany Norris
For
Motion passed 5 to 0.
8 ACTION ON RESOLUTIONS
8I. RESOLUTION NO. 22-85
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING THE
HIRING OF JASON GABRIEL WITH THE FIRM OF BURR & FORMAN TO PROVIDE CITY
ATTORNEY SERVICES; PROVIDES FOR CONFLICTS; AND PROVIDES AN EFFECTIVE
DATE.
Mayor Glasser read the title of the Resolution.
CM Corbin spoke about the Resolution and the contract (which is attached hereto and made part of this
Official Record as Attachment A) and provided an overview of the recruiting process and contract
negotiations.
Human Resources Director (HRD) Cathy Varian briefly introduced Jason Gabriel of the Law Firm of
Burr & Forman.
Jason Gabriel provided a summary of his background and experience.
Commissioner Bole thanked Mr. Gabriel for joining the City and CA Durden for her assistance. He
spoke about the positive attributes of an inside City Attorney.
Commissioner Water asked questions about Mr. Gabriel's work schedule and location. Mr. Gabriel
explained his proposed schedule.
Commissioner Water asked about the time the City marketed for this position. HRD Varian responded
the position was marketed for five weeks.
Commissioner Bole and Mayor Glasser asked Mr. Gabriel about his experience regarding the COJ
Charter review. Mr. Gabriel explained his experience with Charter reviews.
Mayor Glasser asked Mr. Gabriel about his previous experience with working in a highly political
environment to change to a non-partisan work environment. Mr. Gabriel spoke about his work
experiences.
Regular City Commission
November 14, 2022
Mayor Glasser explained the functional form of government followed in the COAB, and Mr. Gabriel
responded with examples of his previous work experiences with similar forms of government.
Commissioner Norris expressed her opinion about the proposed contract and Resolution. She explained
the main objectives of the Resolution were for the City to save money and have an attorney on-site for
more hours. She noted she doesn't see the two objectives being met with the proposed contract. Before
moving forward with the approval process, she asked if the City was meeting either of the goals and
objectives. HRD Varian responded by explaining the differences between CA Durden's contract and the
newly proposed contract with Mr. Gabriel and explained the recruiting process in detail.
CM Corbin explained when talking with Mr. Gabriel, he has expressed understanding of the need for an
attorney present at the City and is willing to accommodate the request.
Mayor Glasser asked about additional office space. CM Corbin responded he has been working on
additional office space. Mayor Glasser said she believes the City Attorney should have a private office
and not use a conference room as an office. HRD Varian responded available office space is still being
worked on.
Commissioner Bole commented that a City Attorney should have a private office. He asked about
projected legal fees for 2023 compared to the contract for Mr. Gabriel. CM Corbin was not sure of the
projected legal fees for 2023.
Mayor Glasser reviewed the options for the Commission regarding the Resolution.
Attachment A to 11-14-22 Minutes
MOTION. Adopt Resolution No. 22-85.
Motion: Bruce Bole
Second. Brittany Norris
Commissioner Kelly expressed her support for Mr. Gabriel.
Commissioner Norris explained her questions about the cost and availability of Mr. Gabriel. She
expressed her support for the new direction the City is heading in and looks forward to working with
Mr. Gabriel.
Commissioner Waters spoke about emails from concerned citizens regarding the timing of the
Resolution.
Mayor Glasser addressed concerns from the public about the timing of the Resolution. She expressed
her opinion that the Commission was responsible for completing a project they started before the
upcoming elections.
Ellen Glasser
For
Bruce Bole (Moved By)
For
Michael Waters
For
Candace Kelly
For
Brittany Norris (Seconded By)
For
Motion passed S to 0.
Regular City Commission
November 14, 2022
8A. RESOLUTION NO. 22-52
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REPEALING PORTIONS OF PREVIOUS LEGISLATION REGARDING THE
CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE; RENAMING SAID
COMMITTEE TO THE ARTS, RECREATION, AND CULTURE COMMITTEE; ADOPTING
NEW PROVISIONS GOVERNING THE COMMITTEE INCLUDING: PURPOSE;
MEMBERSHIP; TERMS OF MEMBERSHIP; FILLING OF VACANCIES; REMOVAL OF
MEMBERS; DUTIES AND RESPONSIBILITIES; CITY STAFF ADMINISTRATIVE
SUPPORT; PROCEDURES AND RULES; ORGANIZATION OF OFFICERS AND LIABILITY
TO CITY; PROVIDING FOR CONTINUITY OF CURRENT COMMITTEE MEMBERS AND
TERMS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Glasser read the title of the Resolution.
Latrenia Thomas, Cultural Arts and Recreation Director (CARD), provided a brief background on the
ongoing process regarding this Resolution. She thanked the staff for their contributions.
Mayor Glasser spoke about the history of the revision of the Resolution.
MOTION. Adopt Resolution No. 22-52.
Motion: Brittany Norris
Second: Bruce Bole
Ellen Glasser For
Bruce Bole (Seconded By) For
Michael Waters For
Candace Kelly For
Brittany Norris (Moved By) For
:Motion passed 5 to 0.
8B. RESOLUTION NO. 22-76
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
PUBLIC UTILITIES DEPARTMENT TO PURCHASE A NEW TRUCK DURING FY 22-23;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the title of the Resolution.
CM Corbin provided a summary of the request to purchase a new vehicle. Public Utilities Director Troy
Stephens explained the need for a new vehicle and spoke about the surplus of vehicles.
MOTION: Adopt Resolution No. 22-76.
Motion: Michael Waters
Second: Brittany Norris
Regular City Commission
November 14, 2022
Ellen Glasser
For
Bruce Bole
For
Michael Waters (Moved By)
For
Candace Kelly
For
Brittany Norris (Seconded By)
For
Motion passed 5 to 0.
8C. RESOLUTION NO. 22-77
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
POLICE DEPARTMENT TO PURCHASE RADIOS DURING THE 2022-2023 FISCAL YEAR.
Mayor Glasser read the title of the Resolution.
CM Corbin provided an overview of the Resolution. Police Chief Victor Gualillo spoke about the
importance of quality radios for the department.
MOTION. Adopt Resolution No. 22-77.
Motion: Brittany Norris
Second. Michael Waters
Ellen Glasser
For
Bruce Bole
For
Michael Waters (Seconded By)
For
Candace Kelly
For
Brittany Norris (Moved By)
For
Motion passed S to 0.
8D. RESOLUTION NO. 22-78
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
POLICE DEPARTMENT TO PURCHASE FLEET VEHICLES DURING THE 2022-2023
FISCAL YEAR.
Mayor Glasser read the title of the Resolution.
Chief Gualillo explained the Resolution as described in a slideshow (which is attached hereto and made
a part of this Official Record as Attachment B).
Commissioner Waters explained he had asked CM Corbin and PC Gualillo for transparency regarding
the budget for the Police Department. He thanked the staff for the details presented.
Mayor Glasser thanked staff for presenting detailed information and stated the request for additional
vehicles was presented during the budget process.
Attachment B to 11-14-22 Minutes
Regular City Commission
November 14, 2022
MOTION. Adopt Resolution No. 22-78.
Motion: Brittany Norris
For
Second. Bruce Bole
For
Ellen Glasser
For
Bruce Bole (Seconded By)
For
Michael Waters
For
Candace Kelly
For
Brittany Norris (Moved By)
For
Motion passed S to 0.
8E. RESOLUTION NO. 22-80
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ACCEPTING A QUOTE
FROM HAGER CONSTRUCTION COMPANY TO MAKE THE NECESSARY REPAIRS TO
THE DUTTON ISLAND FISHING PIER; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE
Mayor Glasser read the title of the Resolution.
CM Corbin explained this project was discussed during the budget process. He explained the details of
the project as highlighted in the agenda packet. Public Works Director Scott Williams provided an
overview of the project.
MOTION. Adopt Resolution No. 22-80.
Motion: Brittany Norris
Second. Candace Kelly
Ellen Glasser
For
Bruce Bole
For
Michael Waters
For
Candace Kelly (Seconded By)
For
Brittany Norris (Moved By)
For
Motion passed S to 0.
8F. RESOLUTION NO. 22-81
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
PUBLIC WORK DEPARTMENT TO PURCHASE THREE NEW TRUCKS; AUTHORIZING
THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN
ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Regular City Commission
November 14, 2022
Mayor Glasser read the title of the Resolution.
CM Corbin provided a summary of the request.
MOTION. Adopt Resolution No. 22-81.
Motion: Brittany Norris
Second. Bruce Bole
Ellen Glasser
For
Bruce Bole (Seconded By)
For
Michael Waters
For
Candace Kelly
For
Brittany Norris (Moved By)
For
Motion passed 5 to 0.
8G. RESOLUTION NO. 22-83
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF
TO ISSUE A TASK AUTHORIZATION TO JONES EDMUNDS FOR GEOGRAPHIC
INFORMATION SYSTEMS (GIS) NEEDS ASSESSMENT AND CONFIGURATION SUPPORT;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the title of the Resolution.
CM Corbin explained the importance of GIS and the needs of the City.
Planning and Community Development Director (PCDD) Amanda Askew provided a brief overview of
the GIS system as detailed in the agenda packet.
Mayor Glasser asked if website users would benefit from the software conversion. PCDD Askew
responded yes, maps would be more detailed and updated. She stated the City would have obsolete maps
without the software conversion.
Commissioner Norris asked if the new software could include the historical information of a parcel.
PCDD Askew responded it would be possible and would require a lot of staff time to enter the information
manually.
MOTION: Adopt Resolution No. 22-83.
Motion: Michael Waters
Second. Brittany Norris
Regular City Commission
November 14, 2022
Ellen Glasser
For
Bruce Bole
For
Michael Waters (Moved By)
For
Candace Kelly
For
Brittany Norris (Seconded By)
For
Motion passed S to 0.
8H. RESOLUTION NO. 22-84
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF
TO ISSUE A TASK AUTHORIZATION TO HANSON PROFESSIONAL SERVICES FOR
DESIGN AND ENGINEERING SERVICES FOR TRAFFIC CALMING ON MAIN STREET;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the title of the Resolution.
CM Corbin summarized the Resolution as a result of a traffic calming study and community input. This
Resolution would allow an engineering consultant to review previously obtained research, host
community meetings, and produce an engineering design. CM Corbin said a Community Block Grant
was received for this project.
Commissioner Norris expressed concern about another traffic study being done and suggested not holding
more community meetings about Main Street. She asked if the currently proposed ideas could be designed
and incorporated into the plan and start work on the project. CM Corbin responded the project could be
handled as directed by the Commission.
Mayor Glasser asked if work on task authorizations could be worked on not to duplicate conversation
topics. CM Corbin responded Hanson Professional Services would put together a few options from
previously gathered information for the Commission to review.
PCDD Askew explained the direction of Hanson Professional Services is to include the community input
and combine that input with the engineering of making the new road design functional and all the draining
working, make the design fit into the environment, and provide final drawings for review and approval.
MOTION. Adopt Resolution No. 22-84.
Motion: Brittany Norris
Second. Bruce Bole
Ellen Glasser
For
Bruce Bole (Seconded By)
For
Michael Waters
For
Candace Kelly
For
Brittany Norris (Moved By)
For
Motion passed 5 to 0.
Regular City Commission
November 14, 2022
9 ACTION ON ORDINANCES
9A. ORDINANCE NO. 90-22-248, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF
FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE
PLAN TO CHANGE THE DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED
EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM) TO COMMERCIAL (CM);
PROVIDING FOR FINDINGS; PROVIDING FOR EFFECTIVE DATE OF PLAN
AMENDMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR DISCLAIMER; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Glasser read the Ordinance by title.
CM Corbin explained 9A and 913 are related, and 9A must be approved to move to 913.
PCDD Askew provided a brief overview of the 51 W 7th Street property and noted this is the second
reading of the Ordinance.
Mayor Glasser opened the public hearing. No one wished to speak. Mayor Glasser closed the public
hearing.
MOTION: Adopt Ordinance No. 90-22-248 on final reading.
Motion: Brittany Norris
Second: Bruce Bole
Commission discussion ensued and each spoke in favor of the Ordinance.
Ellen Glasser
For
Bruce Bole (Seconded By)
For
Michael Waters
For
Candace Kelly
For
Brittany Norris (Mored By)
For
Motion passed 5 to 0.
9B. ORDINANCE NO. 90-22-249, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF
FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM
RESIDENTIAL, GENERAL, TWO-FAMILY (RG) TO COMMERCIAL, GENERAL (CG);
PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; PROVIDING FOR
CONTINGENCY; PROVIDING FOR DISCLAIMER; AND PROVIDING FOR CONFLICT,
SEVERABILITY AND AN EFFECTIVE DATE.
Mayor Glasser read the Ordinance by title.
Mayor Glasser opened a public hearing. No one wished to speak. Mayor Glasser closed the public hearing.
Regular City Commission
November 14, 2022
MOTION. Adopt Ordinance No. 90-22-249 on final reading.
Motion: Brittany Norris
For
Second. Michael Waters
For
Ellen Glasser
For
Bruce Bole
For
Michael Waters (Seconded By)
For
Candace Kelly
For
Brittany Norris (Moved By)
For
Motion passed 5 to 0.
9C. ORDINANCE NO. 57-22-24, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF
FLORIDA, REPEALING AND REPLACING SECTION 13-2 LOITERING IN, OBSTRUCTING,
ETC. STREETS, PUBLIC PLACES, ETC.; PROVIDING FOR A NEW TITLE; PROVIDING
FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the Ordinance by title.
CM Corbin explained the Ordinance as a previously reported project regarding updating the current
Ordinance for loitering and urban camping. The proposed Ordinance updates the language and offers other
suggestions and resources.
Chief Gualillo explained the need for updates to the current Ordinance. He explained with the rewrite of
the Ordinance, the City would satisfy the requirements for case law and provide better legal direction.
CA Durden thanked Chief Gualillo for noticing the need to update the current Code. She provided an
overview of the state law regarding homelessness.
Chief Gualillo spoke about the laws protecting people experiencing homelessness and updated the
Commission regarding the surrounding services available.
MOTION: Approve Ordinance No. 57-22-24 on first reading.
Motion: Brittany Norris
Second: Candace Kelly
Ellen Glasser
For
Bruce Bole
For
Michael Waters
For
Candace Kelly (Seconded By)
For
Brittany Norris (Moved By)
For
Motion passed 5 to 0.
Regular City Commission
November 14, 2022
9D. ORDINANCE NO. 20-22-166, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING
SEPTEMBER 30, 2022, AND PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the Ordinance by title.
CM Corbin explained a budget amendment happens every year to include additional revenues and
expenses.
Finance Director Melissa Burns explained this is a clean-up process from FY2022.
MOTION. Approve Ordinance No. 20-22-166 on first reading.
Motion: Brittany Norris
Second: Bruce Bole
Ellen Glasser
For
Bruce Bole (Seconded By)
For
Michael Waters
For
Candace Kelly
For
Brittany Norris (Moved By)
For
Motion passed S to 0.
9E. ORDINANCE NO. 75-22-28, Introduction and First Reading
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES, TRAFFIC AND
MOTOR VEHICLES, ARTICLE II, — STOPPING, STANDING AND PARKING ON PUBLIC
PROPERTY AND ARTICLE III, WRECKER SERVICE; PROVIDING FOR CODIFICATION;
PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Glasser read the Ordinance by title.
CM Corbin explained this Ordinance is regarding public parking and eliminating on -street parking and
some signs. This Ordinance clarifies newly added or deleted language.
PC Gualillo added the Ordinance would help enforce summertime parking issues.
MOTION. Approve Ordinance No. 75-22-28 on first reading.
Motion: Brittany Norris
Second: Michael Waters
Regular City Commission
November 14, 2022
Ellen Glasser
For
Bruce Bole
For
Michael Waters (Seconded By)
For
Candace Kelly
For
Brittany Norris (Moved By)
For
Motion passed S to 0.
10 MISCELLANEOUS BUSINESS
10A. Charter Officers FY 21-22 Annual Performance Reviews
Mayor Glasser explained the assessments are done every year.
The Consensus of the Commission was to accept the Charter Officers FY 21-22 Annual Performance
Reviews.
11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
CA Durden thanked the Commission for their reviews. She announced her last meeting as the city attorney
would be November 28 and explained she would be working with Jason to ensure an easy transition and would
follow up regarding the first proposal draft for the Singleton's project. She mentioned pending topics regarding
the Selva Lakes project and advised that she would work to finish those up.
CC Bartle thanked the Commission for their reviews and for recognizing the long -tenure employees.
12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Bole thanked Mayor Glasser for setting the bar very high for the next Mayor.
Commissioner Kelly requested an update on the Lifeguard Station and First Street.
Commissioner Norris said it's been great working with everyone. She agreed with Commissioner Bole's
statement about the Mayor setting the bar so high.
Commissioner Waters thanked the staff for all the hard work and the transparency for the community. He
stated he feels proud to be a part of the Commission.
CM Corbin thanked the Commission for the review comments and the opportunity to work with the
Commission, and thanked CA Durden for her service to the City.
Mayor Glasser noted she placed letters received from senior organizations (which are attached herewith and
made part of this Official Record as Attachment C) at each Commissioner's station regarding directed grant
funds. She explained she is still working on funding for the Baker's Center from COJ. She thanked CA
Durden for her service to the City and requested something be done prior to the next meeting to recognize
Ms. Durden for her service as a Charter Officer.
Attachment C to 11-14-22 Minutes
Regular City Commission
November 14, 2022
13
Attest:
ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:57 p.m.
Donna L. Bartle, City Clerk
Date Approved: 5/22 /23
Bru a Bole, Commissioner
Regular City Commission
November 14, 2022
Attachment A
to 11-14-22 Minutes
RESOLUTION NO. 22-85
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
APPROVING THE HIRING OF JASON GABRIEL WITH THE FIRM OF
BURR & FORMAN TO PROVIDE CITY ATTORNEY SERVICES;
PROVIDES FOR CONFLICTS; AND PROVIDES AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach issued an Invitation to Negotiate for legal services;
and
WHEREAS, the City received a highly qualified response from Jason Gabriel of Burr &
Forman with a proposal that would benefit the City; and
WHEREAS, each of the members of the Commission received a copy of the proposal by
Jason Gabriel of Burr & Forman;
WHEREAS, each of the members of the Commission had an individual meeting with Jason
Gabriel with an opportunity to interview him, ask questions and address concerns;
WHEREAS, after the meeting, each member of the Commission indicated that they wanted
to move forward with negotiating a contract, so staff drafted and negotiated a contract with Jason
Gabriel of Burr & Forman, a copy of which is attached.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. The City Commission hereby approves the hiring of Jason Gabriel of Burr
& Forman to provide City Attorney services to the City and directs the City Manager to execute the
contract on behalf of the City, to be effective December 1, 2022.
SECTION 2. All resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of Atlantic Beach, this 14u' day of
November, 2022.
Attest:
Donna L. Bartle, City Clerk
Ellen Glasser, Mayor
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Attachment A
to 11-14-22 Minutes
BURR -:'-FORMAN L11
resulls ,u,ilrr,
Burr & Forman LLP
Jason R. Gabriel Bank of America Tower
Direct Diel: (904) 232-7211 50 North Laura Street
jpbriel@burr.com Suite 3000
Jacksonville, FL 32202
Once (904) 232-7200
Fox (904)232-7201
BURR.COM
November 9, 2022
VIA U.S. MAIL & ELECTRONIC MAIL
Shane Corbin
City Manager
City of Atlantic Beach
City Hall
800 Seminole Road
Atlantic Beach, FL 32233
Phone: (904) 247-5817
Email: scorbin@coab.us
Re: Legal Representation of City of Atlantic Beach by Burr & Forman LLP; ITN 22-01
Dear Mr. Corbin:
Thank you for selecting Burr & Forman, LLP ("Burr") to represent the City of Atlantic
Beach ("COAB" or "City"). We value the relationships we build with our clients and believe it
will be mutually beneficial to have a clear understanding of our engagement. Accordingly, this
letter confirms COAB's authorization for us to act on its behalf, and our engagement to represent
COAB. If you have any questions regarding this letter, please give me a call.
Scope of Engagement. Through the Invitation to Negotiate (ITN) process conducted by
COAB (ITN 22-01) you have requested that we provide legal counsel, and perform the duties of
City Attorney for COAB. The scope of services for such legal services will include:
* Acting as the legal advisor to, and attorney and counselor for, the City (COAB) and its
officers in matters relating to their official duties; and
• Preparing or reviewing (as applicable) all contracts or instruments in which the City is
concerned and giving an endorsement of approval as to form and correctness; and
• Furnishing opinions on questions of law relating to the powers and duties of city officers;
and\
al • de ° fl • ga • ms ` nc • sc 0 to
49395350 v1
Attachment A
to 11-14-22 Minutes
November 9, 2022
Page 2
• Attending all City Commission meetings, Community Development Board meetings and
other meetings as requested by the City Manager; and
• Having a presence at City Hall to be available to staff, as needed, not including required
meetings;
• Performing such other duties as may be required by ordinance or resolution of the City
Commission.
a Legal services shall by under the day-to-day direction of the City Manager.
Burr designates, and COAB accepts, Jason R. Gabriel, Esq., as the primary attorney
assigned to COAB work. Other attorneys within Burr may be utilized from time to time to provide
legal services and/or fulfill the duties and responsibilities of the City Attorney. Any attorney
designated in Jason Gabriel's absence to fulfill the duties and responsibilities of the City Attorney
role shall meet the minimum requirements of COAB. Based on the scope of services outlined in
the ITN, it is anticipated that the legal services provided will be approximately 24 hours per week.
The City Commission for COAB may conduct an annual evaluation of the performance of Burr.
We may agree with COAB to limit or expand the scope of our representation from time to
time, provided that any such change is confirmed by both parties in writing.
Fees, Expenses and Other Charges.
For this particular engagement we will provide the legal services for a flat fee in the amount
of $12,500.00 monthly ($150,000.00 annually) subject to annual increases at 5% per year, unless
otherwise agreed to by the parties.
The flat fee set forth herein is intended to cover standard routine legal work for COAB
described in the above scope. Accordingly, in the event that further counsel or legal services is
required beyond what is standard and routine for COAB, then additional legal fees will be incurred
for such additional work and time. For example, it is anticipated that at times our firm may be
asked to provide legal services in prosecuting or defending for or on behalf of COAB, civil
complaints, suits, or controversies in which COAB is a party. Furthermore, there may be times
where COAB engages our firm in special projects such as Redistricting or reviews of the
Comprehensive Plan, Land Development Code, Ordinance Code or Charter. On occasion,
additional counsel may be engaged, with the City's approval, for specialized areas of the law. Such
non -routine matters, matters of special expertise or other matters not identified in the scope of
services provided herein, would be considered exclusive of the flat fee arrangement, and in such
event, we will communicate and either agree to an additional flat fee amount to cover the legal
fees of the extended legal services or to the extent we do not agree to an additional flat fee amount,
we will provided such additional legal services at our discounted governmental hourly rates as set
forth below:
49395350 vl
Attachment A
to 11-14-22 Minutes
November 9, 2022
Page 3
Timekeeper
Title
Proposed Hourly Rate
Jason Gabriel
Partner — Government Law
$385
Rita Mairs
Counsel — Government Law
$360
Adrian Rust
Partner — Litigation
$420
Scott Thomas
Partner — Litigation
5425
Kolton Bell
Associate
$175
Rachel Greene
Paraprofessional
$110
Other Representation. As you may be aware, we are a relatively large law firm, and we
represent many other companies and individuals. It is possible that some of our present or future
clients will have disputes or transactions with you during the time that we are representing you.
Therefore, as a condition to our undertaking this matter for you, you have agreed that this firm
may continue to represent or may undertake in the future to represent existing or new clients in
any matter that is not substantially related to our work for you. We agree, however, that your
prospective consent to conflicting representation contained in the proceeding sentence shall not
apply in any instance whereas the result of our representation of you we have obtained sensitive,
proprietary or other confidential information of a non-public nature that, if known to any such
other client of ours, could be used in any such other matter by such client to your material
disadvantage. During the term of this engagement, Jason Gabriel, Esq. and members of Burr shall
observe the requirements regarding conflicts of interest as set forth in the Rules Regulating the
Florida Bar and it Professional Rules of Professional Conduct.
Invoices and Payments. We will render invoices to you monthly for legal services,
expenses and other charges. Any bills that are above the flat fee agreed upon by the parties, will
be itemized. Our invoices are payable upon receipt and are considered overdue if not paid within
thirty (30) days. l will review our firm's statements before they will be sent to you each month. If
you have any questions pertaining to your statement, please contact me immediately so we can
discuss your concerns or questions. Our object in all events will be to minimize legal fees while
attempting to provide you with the best possible representation. If you fail to pay any statement
within thirty (30) days after receipt, you agree to pay interest on the delinquent amount at 1.0%
per month (12% per annum). You hereby acknowledge that the firm's estimates concerning the
likely outcome of your matter or regarding the cost of representation are not guarantees of such
final outcome or cost. If the firm determines that it is necessary to take any action to enforce this
agreement or collect any delinquent fees and expenses, you agree to pay the reasonable costs and
attorney's fees incurred by the firm in enforcing this agreement or collecting any amounts due,
including attorneys' fees incurred in any bankruptcy proceeding or on appeal. In addition, in the
event fees are not promptly paid in accordance herewith, we reserve the right to assert an attorney's
charging lien as a lien against any monies recovered on behalf of you, and an attorney's retaining
lien upon your files and all papers, documents, and instruments in our possession. Exclusive venue
for any action between you and the firm will be in Duval County, Florida and you hereby waive
the right to a jury trial in any such action.
49395350 vl
Attachment A
to 11-14-22 Minutes
November 9, 2022
Page 4
Public Records Law. Pursuant to Section 119.070 1, Florida Statutes, Burr & Forman, LLP
will comply with Florida's public records laws, specifically to: (1) Keep and maintain public
records as required by Florida law; (2) Upon request from COAB's custodian of public records,
provide COAB with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by law; (3) Ensure that
public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed, except as authorized by law; and (4) Upon completion of this
engagement, transfer, to COAB all public records that it requests.
IF THERE ARE QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THIS FIRM'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE CITY OF
ATLANTIC BEACH (CITY CLERK) AT DBARTLE@COAB.US, (904) 247-
5809 AND 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233.
All files generated as a result of this engagement are the property of the COAB and shall
be turned over promptly upon request after resolution of all compensation issues. During resolution
of compensation issues, the City shall be provided a copy of all of its files at no cost to the City,
in order to protect its legal interests.
We are pleased that you have considered Burr & Forman to represent you as the City
Attorney and we look forward to serving you.
Sincerely,
Jason R. Gabriel Date:
Acceptance of Engagement. The City Commission accepted the terms of this letter of agreement
on November 14, 2022 and authorized the undersigned to execute this agreement, which will
commence on December 1, 2022 and may be terminated by either party without cause at any time.
The City will be obligated to pay Burr for all work completed as of that date.
Agreed to and accepted:
Shane Corbin, City Manager Date:
City of Atlantic Beach
49395350v1
Attachment B
to 11-14-22 Minutes
Police Vehicles
Attachment B
to 11-14-22 Minutes
Budgeted
1
2
2
5
3
21
1
35 Total 27 Total
• Ideal to have 1 vehicle/sworn officer (35)
plus 2 floating vehicles for repairs etc. = 37
• Department down 8 sworn officers
• 3 in training
• Currently 29 Vehicles for sworn officers
• 8 vehicles short of 37
• 5 vehicles requested 2023
• 2 cut from budget
• 3 approved in budget
• Leaves 5 short
Attachment B
to 11-14-22 Minutes
Fleet Rotation Policy
• Vehicles typically kept 7 years
• 100k+ Miles
• When mechanics begin to express cost savings by replacement
0-3 Years 4-6 Years 7+ Years
23 16 4
Vehicle
Age
0-3 Years 4-6 Years 7+ Years
23 16 4
Attachment B
to 11-1422 Minutes
Fleet Rotation Policy
• Vehicles typically kept 7 years
• 100k+ Miles
• When mechanics begin to express cost savings by replacement
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
1 0 1 0 0 0 2 3 7 6 6 5 5 7
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
0 0 0 0 0 0 0 2 3 3 4 5 2 6
Attachment B
to 11-1422 Minutes
How do these numbers jive with the other
table of sworn officers?
Staff
Patrol*
Investigations
i
26
3
*Includes Part Time Officer (1)
Attachment C
to 11-14-22 Minutes
t "►
October 29, 2022
Atlantic Beach City Council
c/o Mayor Ellen Glasser
800 Seminole Rd
Atlantic Beach, FL 32233-5444
Dear City of Atlantic Beach,
You are making a difference in the lives of our beaches neighbors, like Betty.
Betty is a senior who lives in Atlantic Beach. She relies on social security and her children
help tier when they can. Betty needed roof repairs recently, and it took a toll on her
financial well-being. Betty comes to our Mayport Rd. pantry and shared with a volunteer
there that she was worried she might not be able to pay her electric bill this month. Our
BEAM pantry volunteer called to our financial assistance volunteer, who reached out to
Betty.
1 don't like to need help, but sometimes you just do' Betty said. "I'm blessed that BEAM is
there for people like me and I'm glad they could help with my light bill."
We sincerely thank you for your $3,000.00 investment to our Area of Greatest Need
Fund on 10118/2022. It is because of you that BEAM is able to help our neighbors in times
of need, like Betty.
We invite you to learn more about our programs by visiting www.jaxbeam.org or contacting
me at Lori@jaxbeam.org or 904.241 .7437 x1.
We appreciate your generous support of our clients and beaches community,
Grat. ully,
Lorl Richards VBoardC
Executive Director
BEAM did not provide any goods or services in whole or partial consideration for the above contribution This acknowledgment of
your contribution is provided pursuant to section 170 of the Internal Revenue Code BEAM -s a 501 (C) (3) organization
A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE REGISTRATION DOES NOT IMPLY ENDORSEMENT
APPROVAL OR RECOMMENDATION BY THE STATE 1-800-435-7352 REGISTRATION NO 09012 100% OF CONTRIBUTIONS ARE
REG IVED BY THIS ORGANIZATION
Have you remembered to include BEAM in your will?
904-241-7437 (PHONE) 850 6th Avenue South, Suite 400 info1'jaxheam.org
904-241-7447 (FAX) Jacksonville Beach, FI. 32250 www.jaxbcain.org
Attachment C
to 11-14-22 Minutes
We build strength, stability and independence.
October 27, 2022
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 322334445
Dear City of Atlantic Beach,
Thank you for your recent contribution to help local families in need of simple, decent, affordable
housing through the mission of Beaches Habitat for Humanity. We have completed the last few of
12 new homes in Haywood Estates I1 and are very proud of OceanGate which is our largest
neighborhood to date with 70 homes. Thanks to your generous gift, these families now have a
more secure future.
In addition to helping these families have a place to call home, you are also providing the families'
children with educational opportunities. Education plays an integral role in creating a steady
foundation for the future. Through Beaches Habitat's after school programs and preparatory club,
children are provided the tools needed to succeed as school.
You have an open invitation to join me at Haywood Estates 11, OceanGate or at our education
center to see the difference you have made in the lives of families in need. We truly appreciate
your generosity.
Sincerely, J� r
a
LCVG lQG
President & CEO
Donation Amount: $3,000.00 Value of goo s or services provided In return for your gift: $0.00
Beaches Habitat fur Humanity, Inc. is a 501 (c)(31 organization.. Tax ID Number 65-0234544 Your gift is tax-deductible to the fullest extent
allowed by law Please consult your tax advisor for full information We respect your privacy and will never share your name or personal
information about your contributions with any outside entity.THE OFFICIAL REGISTRATION Is CH1333) AND FINANCIAL INFORMATION
MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE 1800-435.7352) WITHIN THE STATE OR
AT THEIR WEBSITE. WWW.800HELPFLA.COMREGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION
BY THE STATE
Administrative Office 797 Mayport Road i Atlantic Beach, FL 32233
Education Office 1671 Francis Avenue i Atlantic Beach. FL 32233
Phone (904) 241-1222 1 Fax !9041 241-4310 1 Web beaches habitat. org
Attachment C
0 11-14-2.2 Minute
Re: Nonprofits serving Beaches seniors - Check presentation
Leslie Lyne <dsc@nbfl.us> \'
Y
Fri 10/7/2022 5:08 PM
To:Hogencamp,Kevin <kHogencamp@coab us>,
c -.Glasser, Ellen <eglasser@coab.us>; Stefen Wynn <cm@nbfl us>; Elaine Brown <elainebrown@nbfl.us>;
3
There is nothing small about S , - we are all extremely appreciative of your generosity and commitment to community!
Thank you!
With kind regards,
Leslie Lyne
Neptune Beach Senior Activity Center & Foundation, 501(c) 3
Neptune Beach, Florida 32266
dsc@nbfl.us
Cell 904-477-0386
Leadership is....
Caring more than others think wise;
Dreaming more than others think practical;
Risking more thank others think safe; and
Expecting more than others think possible.
On Oct 7, 2022, 4:07 PM -0400, Hogencamp,Kevin <kHogencamp@coab.us>, wrote:
All,
The City Commission approved our funding request of ,000 for each of your agencies in the City of AB's Fiscal Year 2022-23 budget.
Please know that we are very humbly aware that these small grants are largely a symbolic token of our city government's appreciation
for the immense service that your agencies provide to our community.
I'm a bit embarrassed by the late notice, but will/can you or a designee please be on hand at the City Commission meeting this
Monday, Oct. 10, at 6:30 p.m. for a check presentation/photo op? I'm confident we can get you out of the meeting relatively quickly 0.
We expect to cut the real checks later next week, I will deliver them to you unless we make arrangements for you to pick them up.
Thanks,
Kevin
Attachment C
Thank you... to 11-14-22 Minutes
l
Lori Anderson <landerson@beachesdialaride.org>
Fri 10/21/2022 11:06 AM
To -Glasser, Ellen <eglasser@coab.us>;
CcHogencamp,Kevin <kHogencamp@coab.us>;
9 1 attachment
City-of-Atlantic-Beach-1236.pdf;
Dear Mayor,
We cannot thank you enough for the generous gift that was recently given to us at the AB Meeting. Attached is the
formal thank you letter but I wanted to express my personal and sincere appreciation.
Thank you,
OA)
(rBEACHES
Lori Delgado Anderson
Executive Director
LAr&rson ' beachesdialarid . rg
Beaches Council on Aging/Dial a Ride
281 19th Ave. South
Jacksonville Beach, FL 32250
(904)-274-2274 - Cell
www.beachescoo.org
Ad1A?QN_5MRE_C M