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9-09-24 Regular Commission Meeting Adopted MinutesMINUTES Regular City Commission Meeting Monday, September 9, 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 6:33 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 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: William B. Killingsworth, City Manager (CM) Kevin Hogencamp, Deputy City Manager (DCM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Scott Williams, Public Works Director (PWD) APPROVAL OF MINUTES 1 A. Approve minutes of the Budget Workshop held on August 12, 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 Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. PUBLIC COMMENT CC Bartle called each speaker to the podium. Grace Costello expressed concerns regarding tennis regulations and flooding. Regular City Commission September 9, 2024 Lena McCough discussed tennis regulations and mentioned a petition supporting these concerns (which is attached hereto and made part of this Official Record as Attachment A). Judith Devries expressed concerns regarding tennis regulations. Karl Klein addressed issues related to flooding. Ellen Glasser expressed gratitude to staff for their efforts in managing flooding and announced a ceremony on September 10, 2024, at 10 AM, to honor Marshall Paul Patrick. She also noted that AB Elementary (ABE) is no longer on the list for closure and discussed the proposed millage rate and budget. Mark Gabrynowicz spoke about agenda item 9C. Gregory Powell commented on stormwater issues. Brinkley Harrell spoke about pool regulation. Ana Tari expressed concerns regarding tennis regulations. Mayor Ford briefly addressed meeting decorum. 9-9-24 Attachment A 3. CITY MANAGER REPORTS 3.A. 90 -Day Calendar (Sep. - Nov. 2024) CM Killingsworth reported on this item as detailed in the agenda packet. There was a CONSENSUS to accept the 90 -Day Calendar as amended. 3.B. Additional Updates CM Killingsworth reported as follows: • Received a letter from the Naval Station Mayport and requested permission to respond regarding allowing AB residents to continue using the Naval Station's recreational facilities. The Commission gave permission to CM Killingsworth to say yes to the agreement. • DCM Hogencamp provided updates on tennis. CM Killingsworth, CA Gabriel and DCM Hogencamp answered questions from the Commission. There was a CONSENSUS to review this issue as soon as possible. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole • Briefly spoke about the stormwater master plan. Commissioner Kelly Regular City Commission September 9, 2024 • Spoke about stormwater concerns. • Addressed concerns regarding commercial buildings. Commissioner Ring • Reported on the latest school board meeting. There was CONSENSUS to draft a resolution requesting the school board to redistrict the city so that all children in the city can attend ABE. Commissioner Waters • Had PWD Williams answer questions about the condition of Cavalla Road and Aquatic Gardens following the recent storms. Mayor Ford • Read a proclamation (which is attached hereto and made part of this Official Record as Attachment B). 9-9-24 Attachment B 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 24-47 A RESOLUTION IN OPPOSITION OF DEVELOPMENT IN ANASTASIA STATE PARK; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. DCM Hogencamp explained the resolution as detailed in the agenda packet. MOTION. Approve Resolution No. 24-47. Motion: Jessica Ring Second. Bruce Bole Commissioner Kelly briefly commented on the status of this plan. Curtis Ford For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Jessica Ring (Moved By) For Regular City Commission September 9, 2024 Motion passed 5 to 0. 8.B. RESOLUTION NO. 2448 A RESOLUTION AUTHORIZING THE EXPANSION OF FIELD C AND THE ADDITION OF A BATTING CAGE BEHIND FIELD B IN JACK RUSSELL PARK; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. CM Killingsworth explained as detailed in the agenda packet. 9-9-24 Attachment C MOTION: Approve Resolution (No.) 24-48. Motion: Bruce Bole Second. Michael Waters Commissioner Bole expressed his positive views about the baseball teams. Mayor Ford voiced his support for the baseball program. Commissioner Kelly clarified her reasons for abstaining from the vote, as outlined in form 8B (which is attached hereto and made part of this Official Record as Attachment Q. Curtis Ford For Bruce Bole (Moved By) For Michael Waters (Seconded By) For Jessica Ring For Motion passed 4 to 0. 9. ACTION ON ORDINANCES 9.A. Public Hearings and First Reading on adoption of a Tentative Millage Rate and Ordinance No. 20-24-175 establishing the Operating Budget for fiscal year 2024/2025. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025. Link to proposed annual operating budget book Mayor Ford stated the Millage Rate is 2.8410, the Tentative Millage Rate is 3.1035, the Roll -Back Rate is 2.6121 and if we adopt the Tentative Millage Rate, it is 18.81% more than the Roll -Back Rate. The purpose for adopting the millage rate of 2.8410, which is the current millage rate, is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Regular City Commission September 9, 2024 MOTION: Continue with the millage rate of 2.8410 (Adopt a Tentative Millage Rate for operating purposes of 2.8410). Motion: Bruce Bole Second. Michael Waters The public hearing was opened. CC Bartle called each speaker. Brinley Harrell expressed opinions about the millage rate. The public hearing was closed. CM Killingsworth answered questions from the Commission. Curtis Ford For Bruce Bole (Moved By) For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. Mayor Ford read the title of the ordinance. CM Killingsworth presented as detailed in the agenda packet and answered questions from the Commission. The public hearing was opened, there were no speakers, and the public hearing was closed. MOTION: Approve the budget with the new budget number of $59,802,141. Motion: Jessica Ring Second. Candace Kelly Curtis Ford For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed 5 to 0. MOTION: Approve (Ordinance No. 20-24-175) the budget as amended (on first reading). Regular City Commission September 9, 2024 Motion: Jessica Ring Second: Candace Kelly Curtis Ford For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed S to 0. 9.B. ORDINANCE NO. 55-24-39, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING MONTHLY SANITATION RATES BY 3.7% AND ANNUALLY THEREAFTER BY THE CONSUMER PRICE INDEX (CPI) COLLECTION ADJUSTMENT BY AMENDING CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE I, SOLID WASTE DEFINITIONS AND PROCEDURES, SECTION 16-10 FEES FOR COLLECTION; PROVIDING FOR INTENT; PROVIDING FOR ADOPTION OF THE NEW RATES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. CM Killingsworth explained the ordinance as detailed in the agenda packet. MOTION: Approve Ordinance (No.) 55-24-39. Motion: Bruce Bole Second. Michael Waters Commissioner Bole complimented the trash and disposal company. Mayor Ford asked about the implementation of the collection aspect of the contract and the fuel surcharges. CM Killingsworth clarified that an increase was approved last year but was not put into effect. He also noted that the current fuel surcharge contract does not permit the city to request changes in fees. Mayor Ford requested that the City seek those adjustments. Curtis Ford For Bruce Bole (Moved By) For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring For Motion passed S to 0. 9.C. ORDINANCE NO. 80-24-89, Introduction and First Reading Regular City Commission September 9, 2024 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY STORMWATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES, SECTION 22-335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. CM Killingsworth explained the ordinance as detailed in the agenda packet and answered questions from the Commission. MOTION: Approve Ordinance No. 80-24-89. Motion: Jessica Ring Second: Bruce Bole Commissioner Ring briefly discussed impervious ratios. CM Killingsworth indicated that staff would consider these issues as part of a rate study for a future stormwater fund. He clarified that this increase addresses the city's CIP and is not related to the stormwater fund. Mayor Ford raised concerns and urged staff to investigate how other cities are addressing this issue. Curtis Ford For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Jessica Ring (Moved By) For Motion passed S to 0. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Gabriel • Announced that the City has closed on Dora Drive. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole • Thanked staff for their thorough work with the budget. Regular City Commission September 9, 2024 13. ADJOURNMENT The meeting adjourned at 8:45 PM. Attest: 4'1-dftlll� (�WCZ411"Z& Donna L. Bartle, City Clerk Date Approved: /p�2_ C41 141� le rd, M yor Regular City Commission September 9, 2024 q -9-2q Rudou_+ ', T Me6ough Attachment A to 9-9-24 Minutes PETITION TO The City of Atlantic Beach Mayor Ford; Commissioners Bole, Waters, Kelly, Ring; Deputy City Manager Kevin Hogencamp; Arts, Recreation, and Culture Committee (ARCC) Chair Goodrich, Members Oskarsson, Schwarz, Maddox, Hickam WHEREAS The Jack Russell Park Tennis Courts are and have historically been available for public use; and WHEREAS Currently, Jack Russell Park Tennis Courts are busy, used regularly and effectively on a first-come first-served basis by the public; and WIHEREAS The City of Atlantic Beach Deputy City Manager and Staff recommended approval of a Resolution to adopt regulations for tennis professionals use on the Tennis Courts; and WHEREAS The City of Atlantic Beach Commission on April 12, 2024 passed and adopted RESOLUTION NO. 24-43 regulating Tennis Professionals conducting business on the public Tennis Courts; and WHEREAS The City of Atlantic Beach Commission approved and adopted RESOLUTION NO. 24-43 REGULATIONS FOR TENNIS PROFESSIONALS CONDUCTING BUSINESS ON THE PUBLIC TENNIS COURTS, EXHIBIT A, PROFESSIONAL TENNIS INSTRUCTOR REGULATIONS, stating in the Regulations section four, "4. At Russell Park, when the courts are full instructors may use the court no longer than 90 minutes per session if players or instructors are waiting," and in section number six, "6. Registration does not guarantee court availability; the public courts are available on a first-come, first-served basis." WHEREAS The City of Atlantic Beach Arts, Recreation and Culture Committee recent Agendas include "Tennis league play protocol." Tennis league protocols customarily reserve courts for league play, team practice, and make-up games; and WHEREAS The City of Atlantic Beach in June and July allowed a private club to reserve on three days, four tennis courts and therefore has a recent history of restricting public access to public tennis courts at Jack Russell Park. THEREFORE, The City of Atlantic Beach Tennis Courts RESOLUTION 24-43 and EXHIBIT A (Regulations) affirms the fairness of "public court access on a first-come, first- served basis." Tennis league protocol routinely reserve 4-6 courts simultaneously and regularly for 5-6 hours at a time for 8 months per year for private league, play and/or weather make-up play, and year-round for team practice, which will severely impact public access to courts. Fair public access of courts is in direct conflict with the contemplated ARCC "Tennis league protocol. Attachment A to 9-9-24 Minutes The UNDERSIGNED PETITIONERS strenuously object t reservation of courts for league play at Jack Russell park, whallowing ch wil g e restrict court availability to the public, creating a public hardshipin di severely conflict with the fair, long standing and effectively functioning direct first-served„ policy in place. g first-come Moreover, private clubs or league exclusive access is inconsistent withub use. Further, committee members who would potentially benefit from a he private league protocol reservation system should be recused frn this matter due to conflict of interest. om voting on lu Attachment A to 9-9-24 Minutes ' 96 yL .,-- _ l-, `327 A de, I q -3 98- 3180 .,-- _ l-, I I - :T 13r -t 4.h CONTACT 3- tl-7 5 Attachment A to 9-9-24 Minutes URE Ko -yen kun5a- 1�4�5�J ff7T Ad - hO II Attachment A to 9-9-24 Minutes Attachment B to 9-9-24 Minutes Vrodamation of the Citp of Z(flantir 38earb in Recognition of Suicide Prevention Month WHEREAS, suicide is the most preventable cause of death; and WHEREAS, the City of Atlantic Beach desires to foster open and honest discussion about mental health and suicide so that we can help create a more supportable environment for everyone; and WHEREAS, Duval County suffered 179 suicide deaths, 464 self -harm injuries, and 739 self -harm emergency -Groom deaths in 2022 along; and WHEREAS, 26% of Duval County high school students considered suicide, 21% made a suicide plan, and 17% attempted suicide in 2021 alone; and WHEREAS, the Beaches is home to Here Tomorrow, a one -of -a -kind organization that is transforming lives by building a community where suicide prevention is accessible without barriers; and WHEREAS, Here Tomorrow has supported more than 2,000 individuals in crisis at no cost and with no wait. NOW, THEREFORE, BE IT RESOLVED that I, Curtis Ford, Mayor of Atlantic Beach, do hereby proclaim the month of September 2024 as SUICIDE PREVENTION MONTH in Atlantic Beach, a crucial time to raise awareness about a serious public health issue, and I encourage all citizens to honor those lost to suicide by encouraging open conversations about mental health and suicide. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 9a' day of Septem � r, 2024. is Ford, May r Attachment C to 9-9-24 Minutes FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA�J—FIRST NAME—MIDDLE NAME MAILING AD RE S 1 y2 vGn or CITY +Jr I` C DATE ON WHICH VOTE( OCCURRED OF OR nil- amrAimro THE BibARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF. COUNTY ITY J COUNTY LIOTHER LOCAL AGENCY Will ` NAME OF POLITICAL SUBDIVISION WHO MUST FILE FORM 813 ELECTIVE U APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government ori an*appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or'slblPng organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or eryity engaged in or cprrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in fhe situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. Attachment C to 9-9-24 Minutes APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency The form roust be reed publicly at the•next meeting after the fprm is filed. IF YOU MAKE'J ATTEMP"fTO INFLUENCE THE bECISION EXCEPT BY DISCUSSION AT THE MEETING: r • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with 4he Berson resborlsible for recording the mirwtes of the meeting, who must incorporate the form in the minutes. A copy of the form mdsf be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S /NTE EST hereby disclose that on� ► f 1 _, 20 C (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss: _ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained, or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows. Solo �n At -Qc►1 i- ra'S- -�6- -T &7U ".mls � •h �n � i �a � k ��e1�, I(1'1 �,�sun ��a � a n If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer. who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. cLw�' Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.