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7-24-23 Regular Commission Meeting Adopted MinutesMINUTES s'--'jr�,,.. Regular City Commission Meeting Monday, July 24, 2023 - 6:30 PM r) Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:35 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 Jessica Ring, Commissioner - Seat 5 Also Present: Joe Gerrity, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Kevin Hogencamp, Deputy City Manager (DCM) Victor Gualillo, Police Chief (PC) Steve Swann, City Engineer (CE) Mayor Ford requested to move the Boys' and Girls' Club Resolution directly after Item 2.A. MOTION: Move up the Item (8A) of the Boys' and Girls' Club to right after Yarborough's Presentation (Agenda Item 2.A). Motion: Jessica Ring Second. Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Jessica Ring (Moved By) For Regular City Commission July 24, 2023 Motion passed 5 to 0. 1 APPROVAL OF MINUTES IA. Approve minutes of the Special Town Hall Meeting on June 27, 2023. Mayor Ford asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Ford stated the minutes stand as submitted. 2. COURTESY OF FLOOR TO VISITORS 2.A. Presentation of check for Aquatic Gardens Drainage Improvements (Senator Yarborough and State Representative Michael) Senator Yarborough and State Representative Michael spoke and presented a $500,000 check to the City. Mayor Ford expressed gratitude. 8A. RESOLUTION NO. 23-23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE BOYS' AND GIRLS' CLUBS OF NORTHEAST FLORIDA, INC., FOR PROGRAMMING MANAGEMENT OF GAIL BAKER COMMUNITY CENTER AND JORDAN PARK COMMUNITY CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford opened floor to public comments on this item. Amy Rose commented on this item. Mayor Ford read the title of the resolution. CM Gerrity explained the item as detailed in the agenda packet. MOTION. Adopt Resolution 23-23 as read. Motion: Candace Kelly Second. Jessica Ring Curtis Ford For Bruce Bole For Michael Waters For Candace Kelly (Moved By) For Jessica Ring (Seconded By) For Regular City Commission July 24, 2023 Motion passed 5 to 0. PUBLIC COMMENT Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. CC Bartle called each speaker to the podium. Cindy Anderson spoke about Resolution No. 23-26. Brinkley Harrell commented on the millage rate. Amy Rose spoke about the CM search. Emilio Perez expressed concerns regarding city staff pay. Mark Gabrynowicz spoke about ESC and made recommendations regarding the budget. He also complimented Director of Cultural Arts & Recreation, Latrenia Thomas on her work with Shakespeare in the Park. He addressed the Charter Review Committee (CRC) and would like to see more environmental leadership. Gregory Powell commented on Resolution No. 23-26. Dr. Nancy Staatz commented on Resolution No. 23-26 and the CM search process. Jim Wheatley commented on the Dora Drive property. Jackie Beckenbach expressed concerns about the process for hiring a CM and appointing CRC members. Susanne Barker expressed concerns about the process for hiring the CM. Mitchell Reeves encouraged the Commission to keep the importance of stormwater management in mind. 3. CITY MANAGER REPORTS 3.B. CM Gerrity provided additional updates CM Gerrity explained the upcoming CM process. He announced the budget workshop on 7/26/23 at 5:30 p.m. He mentioned that the fallen trees in Johansen Park have been a recent concern and that an arborist would be out to look at the trees soon. He clarified that Tri -Bridge Residential has plans to build a hotel, retail space and a brewery at the old K -Mart plaza in Neptune Beach. He spoke about the budget adoption meeting date change due to a conflict with the Duval County School Board. 3.A. Accept the 90 -Day Calendar (July -Sept. 2023) Regular City Commission July 24, 2023 MOTION. Accept the 90 -Day calendar. Motion: Bruce Bole Second. Michael Waters Curtis Ford For Bruce Bole (Moved By) For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring For Motion passed S to 0. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Ring • Thanked all of the CM candidates, CM Gerrity for his help during the process, and citizens for their input during the process. • Mentioned that she supports Mr. Drysdale as a candidate but would abstain from a vote. Commissioner Waters • Thanked the public for their input in the CM process • Commented about emails from residents. • Expressed his opinion that Mr. Drysdale is not the right person for the job. Spoke about the interview process. Commissioner Bole • Congratulated the Community Presbyterian Church for the food event they hosted for the homeless. • Spoke about his experience in the HR Department in the Navy as it relates to hiring processes. • Explained he would bring a resolution forward to standardize a process for CRC, charter officers, and other positions. • Mentioned he has spoken with the CM candidates on the phone. Commissioner Kelly • Agreed that better tools should be implemented for interviews and other procedures. • Spoke about not putting anything in the budget about pickleball until the park's plan is reopened. • Stated she has also completed phone interviews with the CM candidates. Mayor Ford spoke about the CM process. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. Regular City Commission July 24, 2023 6. CONSENT AGENDA 6.A. Authorize the City Manager to sign the attached amendment to the three-year (2022-2025) agreement with the Union. Commissioner Kelly opted to pull this item for discussion. CM Gerrity explained the details on which the unions were in agreement. MOTION: Approve Item 6A (as written). Motion: Jessica Ring Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Jessica Ring (Moved By) For Motion passed S to 0. 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.B. RESOLUTION NO. 23-24 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXPENDITURES OF FUNDS FROM THE TREE CONSERVATION TRUST FUND FOR DEFINED TREE PLANTINGS ON PUBLICLY OWNED LANDS WITHIN THE CITY OF ATLANTIC BEACH. Mayor Ford read the title of the resolution. CM Gerrity explained the resolution as detailed in the agenda packet. MOTION. Adopt Resolution No. 23-24. Motion: Michael Waters Second: Jessica Ring Commissioner Ring asked for information regarding how these specific funds would be used. CM Gerrity stated the funds would be used to study the tree canopy. Curtis Ford For Bruce Bole For Regular City Commission July 24, 2023 Michael Waters (Moved By) For Candace Kelly For Jessica Ring (Seconded By) For Motion passed S to 0. 8.C. RESOLUTION NO. 23-25 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO ACCEPT THE 2021 JUSTICE ASSISTANCE GRANT PROGRAM Mayor Ford read the title of the resolution. Chief Gualillo corrected the title of the resolution (which is attached hereto and made a part of this Official Record as Attachment A). Commissioner Waters explained that he was okay with not getting another bid, but expressed that the cameras and signs did not help the noise issue. Chief Gualillo answered questions about the use, location, and life expectancy of the camera equipment. 7-24-23 Attachment A MOTION: Approve Resolution No. 23-25 as amended. Motion: Candace Kelly Second. Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly (Moved By) For Jessica Ring For Motion passed 5 to 0. 8.D. RESOLUTION NO. 23-26 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND HOOSE HOMES AND INVESTMENTS, LLC, FOR THE PURCHASE OF 2.16+ - ACRES OF REAL PROPERTY IN ATLANTIC BEACH ON DORA DRIVE (PARCEL ID 172118 0000, 172119 0000, 172122 0000) FOR THE PRICE OF $1,075,000; DESIGNATING AMERICAN RESCUE PLAN ACT FUNDS TO BE USED FOR THIS PURPOSE; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS, COMPLETE DUE DILIGENCE EFFORTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Regular City Commission July 24, 2023 Mayor Ford read the title of the resolution. Commissioner Bole asked if this purchase would save the City long term. CE Swann responded it would save the City money long term. Commissioner Bole confirmed the property should be purchased to help with resiliency and stormwater issues. CE Swann confirmed. Commissioner Waters asked about the length of the due diligence period, and CA Gabriel responded 45 days was tentatively agreed upon. CE Swann spoke about phases one and two of the evaluation plan. There was further discussion about the due diligence period. Commissioner Ring asked about the liability wording, and CA Gabriel provided details. Commissioner Ring spoke about the possibility of extending the due diligence period and proposed a 90 -day period. She asked if there would be an opportunity to cancel the agreement if, during the evaluation period, issues arose. CA Gabriel confirmed there would be options for the deal to be withdrawn and answered additional questions. MOTION: Approve Resolution No. 23-26 with an amendment to the agreement (changing the due diligent period to 90 days). Motion: Bruce Bole Second. Candace Kelly Mayor Ford spoke in support of the resolution, noting that it is a stormwater project. He expressed interest in finding out if a tree survey would be necessary before closing. CA Gabriel noted scrivener errors which he plans to amend in the contract. Curtis Ford For Bruce Bole (Moved By) For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. 8.E. RESOLUTION NO. 23-27 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC HEARINGS TO CONSIDER THE PROPOSED FISCAL YEAR 2023-24 MILLAGE RATE AND BUDGET AS REQUIRED BY LAW; DIRECTING THE CITY MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF DUVAL COUNTY Regular City Commission July 24, 2023 9. 10. 11. 12. PURSUANT TO REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. CM Gerrity noted a date change with the public hearing and the due date. He spoke about the amendment (which is attached hereto and made a part of this Official Record as Attachment B) and explained the item. He spoke about pending revenue sources from the state and noted the millage rate at 3.1035 mils. Mayor Ford explained a decision needed to be made about the millage rate for the TRIM notice. The decision would be included in the TRIM notice sent to residents. Commissioner Bole spoke about the effects of moving the millage rate back and that moving it forward in the future is difficult. 7-24-23 Attachment B MOTION. Approve Resolution No. 23-27 as amended. Motion: Bruce Bole Second. Michael Waters Curtis Ford For Bruce Bole (Moved By) For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. ACTION ON ORDINANCES None. MISCELLANEOUS BUSINESS None. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER CM Gerrity spoke about the CM interview process and looks forward to spending time with each candidate. Regular City Commission July 24, 2023 13. Attest: Commissioner Bole said the City is lucky to have a tree fund. He thanked the CM and CA for their support. He mentioned the pickleball group would be attending an upcoming budget meeting. Commissioner Kelly mentioned "Back to School with BEAM" is being held on July 29, 2023 and encouraged donations. Commissioner Waters spoke about DCM Hogencamp and the CM position and expressed his support for DCM Hogencamp being considered for the CM position. Commissioner Ring thanked the public for their participation and interest in the topics discussed at the meeting. She reminded everyone about Friday's upcoming meet and greet and public interviews on Saturday. ADJOURNMENT The meeting adjourned at 8:46 p.m. Donna L. Bartle, City Clerk Date Approved: 9114103 Z3 1"� (fivo, )oq4> Curtis Ford, MaYdV Regular City Commission July 24, 2023 Attachment A to 7-24-23 Minutes RESOLUTION NO. 23-25 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE SEVEN (7) LICENSE PLATE READER (LPR) CAMERAS THROUGH VETTED SECURITY SYSTEMS (VSS) BY THE EXCEPTIONS GRANTED IN CITY ORDINANCE 2-336 WHEREAS, the Justice Assistance Grant Countywide (JAGC) has been established by the Federal Government and is administered by the State of Florida, The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants to act as a pass through entity for federal funding; and WHEREAS, in August of 2022 the City Commission approved the Police Department to apply for the 2021 JAGC grant under Resolution 22-51; and WHEREAS, $53,007 was awarded to the Atlantic Beach Police Department in the 2021 JAGC grant application; and WHEREAS, the Atlantic Beach Police Department is requesting approval to purchase equipment and services from an existing vendor Vetted Security Systems (VSS) outside of city purchasing guidelines with said grant fiends; and WHEREAS, under Municipal Ordinance 2-336 the City Commission must approve by a majority vote purchases of $2.5,000 or greater that are made outside of city purchasing guidelines; and WHEREAS, the City Commission has executed the required vote and a majority of the Commissioners present have voted to approve the purchasing exception requested by the Police Department; NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby authorizes the use of current vendor, Vetted Security Solutions LLC, to purchase the equipment and services the Police Department is requesting under the 2021 JAGC Grant program; outside of city purchasing guidelines under the exceptions provided in City Ordinance 2-336; The formal bid procedure as defined in this division is not required in the following cases: (1) When the city commission, by a vote of the majority of those members present, waives the formal bid procedure. (5) Contracts for the maintenance or servicing of equipment which are made with the manufacturer or authorized service agent of the equipment when the maintenance or servicing can best be performed by the manufacture or authorized service agent where such a contract would otherwise be advantageous to the city. (7) Purchase and contracts for the use or purchase of data processing equipment or data processing systems software and reproduction equipment. Attachment A to 7-24-23 Minutes SECTION 4. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 24`h day of July, 2023. Curtis Ford, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason Gabriel, City Attorney Attachment B to 7-24-23 Minutes CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Resolution No 23-27 establishing the proposed millage rate; acknowledging the current year rolled -back rate; ar ' setting the date, time and place for the first and second public hearings to consider the proposed Fiscal Year 2023-24 millage rate and budget. SUBMITTED BY: Kevin Hogencamp, Deputy City Mangey', and Brittany Percell, Director of Finance TODAY'S DATE: July 24, 2023 MEETING DATE: July 24, 2023 BACKGROUND: On June 23, 2023, the Property Appraiser of Duval County served upon the City of Atlantic Beach a "Certification of Taxable Value" certifying to the City of Atlantic Beach its 2023 taxable value. The provisions of Florida Statutes Section 200.065 require that within 35 days of service of the Certification of Taxable Value upon a municipality, said municipality shall be required to furnish to the Property Appraiser the proposed millage rate, the current year rolled -back rate, and the date, time and place at which a first public hearing will be held to consider the proposed millage and tentative budget. Resolution No. 23-27: • Establishes a proposed millage rate of 3.1035 mills, which is $3.1035 per $1,000 of assessed property, within the City of Atlantic Bach, to fund the General Fund Operating Budget. • Acknowledges the current year rolled back rate, computed pursuant to Section 200.065 F.S., is 2.8410 mills, which is $2.8410 per $1,000 of assessed property, within the City of Atlantic Beach. • Sets the City Commission's 6:30 p.m. September 13 and September 25, 2023, meetings in the Commission Chamber of City Hall, 800 Seminole Road, Atlantic Beach, Florida 32233, as the dates, time and place for the first and second Public Hearings, respectively, to consider the proposed Fiscal Year 2023-24 millage rate and budget. • Authorizes the City Manager to execute and submit DR -420 Certification of Taxable Value, and DR- 420MM-P Maximum Millage Levy Calculation Preliminary Disclosure to the Duval County Property Appraiser's Office. BUDGET: None RECOMMENDATION: Commission review and vote on Resolution No. 23-27 ATTACHMENTS: Resolution No. 23-27 DR -420 Certification of Taxable Value Form DR-420MM-P Maximum Millage Levy Calculation Preliminary Disclosure Form REVIEWED BY CITY MANAGER: —Q-t� t Attachment B to 7-24-23 Minutes RESOLUTION NO. 23-27 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC HEARINGS TO CONSIDER THE PROPOSED FISCAL YEAR 2023-24 MILLAGE RATE AND BUDGET AS REQUIRED BY LAW; DIRECTING THE CITY MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF DUVAL COUNTY PURSUANT TO REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 23, 2023, the Property Appraiser of Duval County, Florida, served upon the City of Atlantic Beach, a "Certification of Taxable Value" certifying to the City of Atlantic Beach its 2023 taxable value; and WHEREAS, the provisions of Florida Statutes Section 200.065 require that within thirty-five (35) days of service of the Certification of Taxable Value upon a municipality, said municipality shall be required to furnish to the Property Appraiser the proposed millage rate, the current year rolled -back rate, and the date, time and place at which a first public hearing will be held to consider the proposed millage and tentative budget; and WHEREAS, the City Commission of the City of Atlantic Beach has reviewed figures supplied by Property Appraiser of Duval County, conferred at a meeting, and desires to announce the dates of the first and second public hearings to the Property Appraiser of Duval County. NOW, THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1. The City Commission hereby establishes a proposed millage rate of 3.1035 mills, which is $3.1035 per $1,000 of assessed property, within the City of Atlantic Bach, to fund the General Fund Operating Budget. Section 2. The current year rolled back rate, computed pursuant to Section 200.065 F.S., is 2.8410 mills, which is $2.8410 per $1,000 of assessed property, within the City of Atlantic Beach. Section 3. The City Commission hereby sets its 6:30 p.m. September 13 and September 25, 2023, meetings in the Commission Chamber of City Hall, 800 Seminole Road, Atlantic Beach, Florida 32233, as the dates, time and place for the first and second Public Hearings, respectively, to consider the proposed Fiscal Year 2023-24 millage rate and budget. Section 4. The City Manager of the City of Atlantic Beach, Florida, is hereby authorized to execute and submit DR -420 Certification of Taxable Value, and DR420MM-P Maximum Millage Levy Calculation Preliminary Disclosure to the Duval County Property Appraiser's Office. Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Page 1 of 2 Resolution No. 23-27 AP Attachment B to 7-24-23 Minutes Section 6. This Resolution shall become effective upon passage an adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 24' day of July, 2023. Curtis Ford, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason Gabriel, City Attorney Page 2 of 2 Resolution No. 23-27