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5-9-16 Minutes v MINUTES REGULAR CITY COMMISSION MEETING May 9, 2016 CITY HALL, 800 SEMiNOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Commissioner Mitchell R. Harding City Manager Nelson Van Liere Commissioner Jimmy Hill Acting City Clerk Nancy E. Bailey Commissioner John Stinson Recording Secretary Dayna Williams Commissioner M. Blythe Waters Invocation and pledge to the flag Commissioner Harding gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:30 p.m. Acting City Clerk Bailey called the roll and Mayor Reeves noted that a quorum was present. 1. A. Approve the minutes of the Commission Meeting of April 25, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. Mayor Reeves explained the process for public comments. He announced that tonight would be Nancy Bailey's last meeting as she is retiring. He stated she will be missed. Bishop Percy Golden, 1700 Francis Ave., welcomed all the new Commissioners and new Mayor and thanked the City of Atlantic Beach for being supportive over the years for Gospel in the Park. He stated this is the 12th year of the festival. He invited the Commission to the festival which will be held on May 14, 2016 at Jordan Park. Elizabeth Neville, 1060 Seminole Road, expressed thanks to the Commission for their service. She expressed concerns about the sidewalks being kept clear by the homeowners for the children riding their bikes to school. She also asked for a clearer overhead projector and larger print for the meetings. Chris Jorgensen, 92 W. 3rd St., expressed concerns about the incident on the beach to all concerned; thanked Chris Huffman with Public Works for his help resolving the problem at Tideviews Park and thanked Commissioner Stinson for bringing up the gates at the park as an agenda item. Reported on the Beaches Watch meeting. He reported on the CRA meeting, stating he thought the presentation was very well done but he does not see any need for the CRA. Bob Hines, 880 Beach Avenue, stated the Cloister's south gate is still being used and expressed his opposition to the gate being used and his concern that no violations are being issued. May 9,2016 REGULAR COMMISSION MEETING Page 2 Butch Toney, 885 Beach Avenue,addressed the Cloister's south gate issue and his opposition to it. No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to visitors. Mayor Reeves stated the Commission takes the comments on the Cloister gate seriously. He stated you cannot write a ticket for "do not enter". He stated they are moving forward and this will go before the Code Enforcement Board. Commissioner Stinson stated the Commission has not done anything with this since before this Commission took office. He stated they inherited it and it is still out there and the citizens don't see any progress being made toward a resolution. He stated he would feel the same way if he was sitting out there watching this and feeling like nothing was happening. Commissioner Hill stated there is a process under way and it will be seen by another segment of our government and if nothing happens in that process, he believes they will take other action. He stated it is not being ignored, it is just a long and arduous process. Commissioner Waters stated she agrees it is a long process but she believes there is hope that in the process someone will back down and this won't end up in court. Mayor Reeves stated some action will be taken at the next Code Enforcement Meeting in June. 3. Unfinished Business from Previous Meetings A. Amendment to Declaration of Restrictive Covenants Request from Fleet Landing. City Attorney Durden explained in detail the Amendment to Declaration of Restrictive Covenants and the Right of First Refusal. Motion: Approve the Amendment of Declaration of Restrictive Covenants and the Right of First Refusal Agreement and authorize the Mayor to sign the documents. Moved by Waters, Seconded by Harding Commissioner Stinson stated his agenda packet did not have the Restrictive Covenants on his iPad and asked for a copy. Ms. Durden provided him with a copy. Commissioner Hill expressed concern about the 20th Street gate and asked that they address the use of the gate. Discussion ensued. Joshua Ashby, One Fleet Landing Blvd., Chief Executive Officer of Fleet Landing, addressed the 20th Street gate issue, stating they have no incentive to allow any through traffic through the campus, but they have many employees who live in Atlantic Beach and they would not want to limit their ability to access the 20th Street gate. He stated they are willing to write in their construction contracts that the 20th Street gate is not permissible for access for construction vehicles. He answered questions from the Commission. Further discussion ensued. Roll Call Votes: Aye: 5—Harding,Hill,Stinson,Waters, Reeves Nay: 0 MOTION CARRIED May 9,2016 REGULAR COMMISSION MEETING Page 3 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Recreation Programs and Special Events Report for March 2016 and the Public Works Projects Status as of 4/25/16. B. Authorize staff to prepare and submit a Cultural Facilities Program Grant through the Division of Cultural Affairs for Adele Grage Improvements. Motion: Approve Consent Agenda Items A and B as written. Moved by Harding, Seconded by Waters Roll Call Votes: Aye: 5—Hill,Stinson,Waters,Harding, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO.20-16-137,Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR THE PURPOSE OF ADDING FUNDS FOR THE CONSTRUCTION OF THE POLICE BUILDING,AND PROVIDING AN EFFECTIVE DATE. City Manager Van Liere explained the Ordinance is to increase the budget for the additional funds needed to fund the construction project approved at the last meeting. Motion: Adopt Ordinance No.20-16-137 as read. Moved by Hill, Seconded by Harding Roll Call Votes: Aye: 5—Stinson,Waters,Harding, Hill, Reeves Nay: 0 MOTION CARRIED May 9,2016 REGULAR COMMISSION MEETING Pane 4 B. ORDINANCE NO.45-16-22,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE FOLLOWING CHAPTERS AS NOTATED AND TO READ CITY MANAGER OR DESIGNEE WHERE PREVIOUSLY NOTATED CITY CLERK: CHAPTER 18, SOLICITATIONS; 18-2 PERMIT, REGISTRATIONS AND FINGERPRINTING REQUIRED; SECTION 18-3, FEES; SECTION 18-4, REGULATIONS AND PROHIBITIONS; SECTION 18-6, INSPECTION OF BOOKS AND RECORDS; SECTION 18-7, REVOCATION; SECTION 18-8, EXCEPTIONS AND CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENALTIES AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Manager explained the ordinance was previously before the Commission when it included only the amendment for Chapter 20; after that first reading was passed, it was pulled back on second reading at the Clerk's request to add the same changes for registration of solicitors. Motion: Approve Ordinance No.45-16-22 as read. Moved by Harding, Seconded by Stinson Commissioner Hill asked if this Ordinance erodes the City Clerk's position in any way from what is considered normal in Florida for cities of our size. City Attorney Durden stated, in her opinion,no it does not erode the authority at all. Discussion ensued. Roll Call Votes: Aye: 5—Waters,Harding,Hill,Stinson,Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business(Discussion only) A. Automating the gates to Tideviews and Dutton Island Preserves. Commissioner Stinson explained he wanted to discuss this because of phone calls from residents being locked in at Tideviews in the evenings. He stated they could use an automated gate, if it is necessary to lock the gate,and asked that the staff give an estimate of what it will cost to do that. City Manager Van Liere asked Chief Deal to explain what their plan was for addressing this problem. Chief Deal stated they met with Public Works and they will be closing the gate one hour after sunset and the park ranger will check to make sure there is nobody still there. He stated if there is a car still there he will not close the exit gate, but will notify the police department and when they are available they will then go again to check the park to see if anyone is in there and, if so, will find them so they can secure the park. He further stated Public Works did some research on automated gates and the figure they came up with was $15,000 to $20, 000. Discussion ensued. May 9,2016 REGULAR COMMISSION MEETING Page 5 Commissioner Waters asked the City Manager about the City's liability if they don't have a gate. Mr. Van Liere stated they have a general liability policy for all of the parks for whatever happens. Further discussion ensued. It was the consensus of the Commission to have the City Manager do further research for solutions and bring this item back to the 2nd meeting in June(June 27) for action. 9. City Manager A. City Manager's Report. • 90-Day Calendar(May 2016 through July 2016). Mr. Van Liere reported on upcoming items on the calendar: Gate Appeal Hearing is on May 12; Code Enforcement Board meeting that will address the Cloister Gate is June 1; Town Hall Meeting is on July 16. City Manager Van Liere introduced the new Public Works Director,Don Jacobovitz. It was the consensus of the Commission to accept the 90-day calendar as submitted. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Apologized and explained why he was not at the Town Hall meeting on Saturday. • Reported he received an email from Mr. Hoffmann regarding installing an awning at the pier at Tideviews. Interim Public Works Director Kayle Moore discussed the issues involved with putting a permanent structure such as that on the pier, stating there are some permitting requirements as the area is a conservation area. He stated they could possible identify other opportunities to use the awning but have not had time to do so since receiving the email. Discussion ensued. Commissioner Waters • Apologized for missing the last Commission Meeting, stating due to the weather their flight was delayed. • Addressed the Town Hall meeting stating she believes the consensus is that everyone wants a safe route to school for children and there was some consensus that they even want more than one safe route to school for children. She stated there was a request to workshop the specific details of the path and suggested they find a date to do that. Commissioner Hifi • Stated all in attendance at the Town Hall meeting appeared to be in favor of the concept of safe routes to school, in general, but there were concerns brought up about specifics of the plan on the table. He stated he also believes they need to schedule a workshop to engage the citizens. Commissioner Stinson • Wished Ms. Bailey well and thanked her for the sounding board, advice, guidance and welcoming him to the Commission. He wished her all the best. • Welcomed Don Jacobovitz stating he believes he will be an exemplary addition. May 9,2016 REGULAR COMMISSION MEETING Page 6 • Addressed the families who received phone calls on Saturday about the beach accident and also expressed concern for the employee who was involved. He stated his thoughts and prayers are with them all and the City stands ready to help them in any way they can. Acting City Clerk Bailey • Stated it has been a pleasure working with all of them and wished them and the City the best; she will miss them. Mayor Reeves • Reported on the Florida League of Mayors Conference, which was why he was unable to attend the Town Hall meeting. • Reminded the Commission and staff that the FLC dinner/meeting will be held at the Atlantic Beach Country Club on the May 26. • Stated the meeting on Thursday will be a tough meeting with a tough decision. He encouraged the Commission to be there early and suggested they bring treats, since this will be a long marathon. • Expressed concern about the families of those involved in the accident on Saturday. He stated he has, personally, reached out to all three parties. He asked the City Manager to make sure we have a set policy that every employee in the City is briefed yearly on pedestrian safety. He stated there was a resident who assisted in getting the girls from under the truck and he wants to recognize him. • Welcomed Mr. Jacobovitz on board and thanked him for riding with him today and wished him nothing but the best. • Thanked the police officers for their help in everything that has taken place recently. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 8: 02 p.m. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer /4114116 1)4112Y---e-i Donna L. Bartle, CMC City Clerk