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5-13-24 Regular Commission Meeting Adopted MinutesMINUTES Regular City Commission Meeting �f Monday, May 13, 2024 - 6:30 PM 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 6:30 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Kevin Hogencamp, Deputy City Manager (DCM) Jason Gabriel, City Attorney (CA) Ladayija Nichols, Deputy City Clerk (DCC) Steve Swann, City Engineer (CE) I APPROVAL OF MINUTES 1 A. Approve Minutes of the Town Hall meeting held on April 13, 2024. 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. 1 B. Approve Minutes of the Regular Commission meeting held on April 22, 2024. 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. Berkshire Hathaway Florida Network Realty presentation/Atlantic Beach Cares Donation (2023 Luminaria) DCM Hogencamp briefly spoke about the program and introduced Lee Elmore. Ms. Elmore thanked the Commission for their continued support and presented a $3,000 check to the City. Mayor Ford took a photo with Linda Echevarria, Juanita Addedo, and Ms. Elmore. Regular City Commission May 13, 2024 2.13. 2024 Public Works Week Proclamation Mayor Ford read the proclamation. DCM Hogencamp expressed positive words about the public works department. The Commissioners expressed words of gratitude to the public works department. PUBLIC COMMENT Mayor Ford opened the Courtesy of the Floor to Visitors. DCC Nichols called each speaker to the podium. Penny Urban -Butterworth expressed concerns about stormwater drainage issues. Don Wolfson spoke about Atlantic Beach Elementary (ABE), agenda item 4B, and thanked the Commission for all they have done with this effort. Carolyn Zisser spoke in support of agenda item 4B. Jackie Beckenbach expressed gratitude for the pickleball courts and the continued support for ABE. 3. CITY MANAGER REPORTS 3.C. Additional Updates DCM Hogencamp reported on the following: • Encouraged everyone to complete the community centers survey. • Announced that staff has implemented a web platform that allows the public to check the status of a building permit. • There is a goal for the splash pad to be opened Memorial Day weekend. • The pickleball courts are up and running. • Staff is preparing a Florida water quality grant to assist with construction costs for extending water and sewer to residences along West Plaza and Begonia Street (St.). • The 18th St. beach walkover widening project is ongoing, the goal is to keep the beach access open and to start this project after beach season. • The lightning protection system will be expanded to the South and West of Jack Russell Park. • The Northeast Florida League of Cities Grant was awarded to BEAM. • Extended appreciation to to Tracy Gebeaux, ARCC member, for his help during Flag football season. 3.A. Accept the 90 -Day Calendar (May - July 2024) DCM Hogencamp reported as detailed in the agenda packet. Commissioner Kelly requested that July 4th be indicated as a City Holiday on the calendar. Regular City Commission May 13, 2024 There was a CONSENSUS to accept the 90 -Day calendar. 3.B. Police Department 2023 Annual Report DCM Hogencamp briefly spoke about this item as detailed in the agenda packet and answered questions from the Commission. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole • Announced that Dancing in the Streets is Saturday May 18, 2024. Commissioner Kelly • Encouraged everyone to attend the Memorial Day service at 9 AM on Monday, May 27, 2024. • Announced that she will arrive late to the July 13, 2024 Town Hall meeting. • Spoke about risk management and expressed that she would like to see what can be done so that the program remains vigilant in times of transition, so that employees and those contracted with the City are remaining safe and protected due to the climate. 4.11. Duval County Public Schools (DCPS) Records Request (Commissioner Ring) Commissioner Ring expressed that she would like to move this item forward as a motion. Commissioner Bole expressed support for this item and asked about guidelines regarding records request to DCPS. CA Gabriel explained that there are statutory requirements regarding public records request (PRR) and that there are typically similar types of protocols amongst different entities regarding public records. CA Gabriel explained that there could be possible costs associated dependent upon the scope of the request. Commissioner Bole expressed that if the request is not responded to by a certain time, that this be publicized. Commissioner Kelly inquired if DCPS had to wait until they have everything or if is possible for them to send what they have. CA Gabriel expressed that the Commission could clarify in the request to provide items on a rolling basis versus sending everything all at once. Commissioner Waters asked if this request is all inclusive due to the amount of topics. Mayor Ford expressed that there could be subsequent requests. Mayor Ford expressed the consensus be that the CM has direction to engage a PRR, without regard to a limit on the costs for providing these documents. CA Gabriel suggested a friendly addition to the motion, to direct the CM to submit a PRR in the form substantially set forth in the letter with modifications as proposed by the CA. MOTION. Direct the CM to public record request the slated items, giving staff the discretion to amend as needed. Motion: Jessica Ring Regular City Commission May 13, 2024 5. 6. Second: Bruce Bole Mayor Ford expressed concerns with DCPS's response times thus far and that he is in agreement with Commissioner Bole's sentiments of publicizing the lack of response if the need arises. Commissioner Kelly asked who is going to analyze the results of the request and what the City is hoping to gain from this. Commissioner Ring expressed that this information will allow the CA to determine what has not been met as it pertains to the interlocal agreement. Commissioner Bole encouraged everyone to engage with those of the community that have created a website for this issue. Mayor Ford expressed that he would like to have the CA complete a thorough review of any data obtained from this request. Curtis Ford For Bruce Bole (Seconded B3) For Michael Waters For Candace Kelly For Jessica Ring (Moved By) For Motion passed 5 to 0. Commissioner Waters • Announced that the Beach Mayors met with COJ about beach renourishment. 4.A. National Safe Boating Week 2024 (Mayor Ford) Mayor Ford briefly spoke about this item and encouraged the continued education of safe baoting. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. CONSENT AGENDA 6.A. Award Bid 2324-12 to GEC Trucking & Construction, Inc. and authorize the City Manager to execute the contract. 6.B. Approve the purchase of the Thor Guard lightning protection system and authorize the City Manager to execute contracts and purchase orders to effectuate this purchase. MOTION: Approve the consent agenda (items 6A and 6B) as written. Motion: Jessica Ring Second: Michael Waters Regular City Commission May 13, 2024 7. 8. Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Motion passed S to 0. COMMITTEE REPORTS None. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 24-22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2324-10 FOR SR AlA MAYPORT ROAD WATER MAIN IMPROVEMENTS; 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 Ford read the title of the resolution. DCM Hogencamp explained the resolution. MOTION. Approve Resolution (No.) 24-22. Motion: Bruce Bole Second. Candace Kelly Commissioner Bole asked if this item was in budget, DCM Hogencamp answered yes. 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.B. RESOLUTION NO. 24-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING A PARK, RECREATION AREA AND BUILDING NAMING POLICY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Regular City Commission May 13, 2024 Mayor Ford read the title of the resolution. DCM Hogencamp explained the resolution. MOTION: Adopt Resolution No. 24-23 as read. 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.C. RESOLUTION NO. 24-25 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; 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. Mayor Ford read the title of the resolution. DCM Hogencamp explained the resolution. MOTION: Adopt Resolution No. 24-25 Motion: Michael Waters Second. Bruce Bole Commissioner Bole inquired about the environmental hazards. CA Gabriel explained that the previous contract was terminated due to the phase I study finding contaminants and that the current purchase agreement includes that the owner will have 180 days to clean up the contaminants found, along with further conditions listed in the agreement. He expressed that Regular City Commission May 13, 2024 once the City reviews their report, there will be an opportunity to decide if the report will be accepted or not before closing. Commissioner Ring inquired about the previous agreements as it relates to the seller cleaning the contaminants and also inquired about radon gas. CA Gabriel explained that the decision was made to terminate the previous agreement due to the found contaminants. CE Swann explained that radon gas is a standard disclosure however, radon gas is not expected in this area therefore, it is not looked for. He also explained that the primary purpose of conducting a phase I and phase II environmental assesment is to give the City liability protection if the property were to be purchased. Mayor Ford inquired about excavation and filling. CE Swann explained that the soils will be excavated and sampled. CA Gabriel clarified that the parcel could be somewhere between 1.997 and 2.16 acres. Commissioner Kelly spoke about the trees on the property. Curtis Ford For Bruce Bole (Seconded By) For Michael Waters (Moved By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. 8.1). RESOLUTION NO. 24-26 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH BS&A SOFTWARE LLC TO PROVIDE AN ENTERPRISE RESOURCE PLANNING SOFTWARE SOLUTION AND ASSOCIATED SERVICES TO THE CITY FOR THE AMOUNT OF $326,840; 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 read the title of the resolution. DCM Hogencamp explained the resolution. MOTION. Approve Resolution (No.) 24-26. Motion: Jessica Ring Second: Bruce Bole Regular City Commission May 13, 2024 9. DCM Hogencamp explained that this project will ultimately save money. Curtis Ford For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Jessica Ring (Moved By) For Motion passed S to 0. 8.E. RESOLUTION NO. 24-27 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO CONTRACT WITH C & L LANDSCAPE, INC. TO PERFORM TIDE VIEWS SUNSET PIER AND WALKWAYS RENOVATIONS; 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 Ford read the title of the resolution. DCM Hogencamp explained the resolution. MOTION: Approve Resolution No. 24-27 as read. 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. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 20-24-173, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024, AND PROVIDING AN EFFECTIVE DATE. Regular City Commission May 13, 2024 Mayor Ford read the title of the ordinance. DCM Hogencamp explained the ordinance. MOTION: Approve Ordinance No. 20-24-173 on first reading. Motion: Michael Waters Second. Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters (Moved By) For Candace Kelly For Jessica Ring For Motion passed S to 0. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Gabriel • Reminded the Commission about their ethics training. He announced that there is a save the date for June 24, 2024 for COJ's ethics training. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Ring • Explained that the ethics training that was attended last year can be utilized for the upcoming Form 6. • Addressed Ms. Urban-Butterworth's public comments. Mayor Ford directed the CM to meet with Public Works Director (PWD) Scott Williams and to report back on this issue. Commissioner Waters • Expressed that he is looking forward to Memorial Day. • Requested that food and beverages be provided for upcoming joint meeting. Commissioner Bole • Requested an update on the 16th St walkover. Commissioner Kelly • Reminded everyone about Memorial Day. DCM Hogencamp • Expressed that Ms. Urban-Butterworth's issue could potentially involve redoing the road and that this should be a part of budget deliberations. Mayor Ford • Requested that CM meet with PWD Williams, report back and allow the Commission to determine how to budget this in for the next fiscal year. Regular City Commission May 13, 2024 13. ADJOURNMENT The meeting adjourned at 7:55 PM. Attest: Ladayija Nichols, Deputy City Clerk Date Approved: 5 � 2 M Curtis Ford, Mayor Regular City Commission May 13, 2024