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07-13-20 Regular Commission Meeting MinutesMINUTES Regular City Commission Meeting Monday, July 13, 2020 - 6:30 PM via Videoconference INVOCATION AND PLEDGE OF ALLEGIANCE Invocation led by Commissioner Anderson CALL TO ORDER: Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ROLL CALL: Present: Also Present: Ellen Glasser, Mayor - Seat 1 Cindy Anderson, Commissioner - Seat 2 (District 1308) Blythe Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 (District 1312) Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk 1 APPROVAL OF MINUTES None 2 COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. Senior Systems Engineer, Bob Cimon, called on each speaker. John Reich spoke regarding the 2014 beach parking survey discrepancies, and an email received July 13 from Andrew Briscoe. He requested the Commission wait on 18th Street decisions/plans until an updated survey with accurate information is complete; in order to make decisions based on the best information. Theresa and Todd Rykaczewski was present to speak on the Public Art Facade Grant and plans for use of the grant. It was requested that they provide comments when the agenda item is presented. Regular City Commission July 13, 2020 DCM Hogencamp stated written comments were received from two citizens, Kim Reich and John Reich (which are attached hereto and made part of this official record as ATTACHMENT A). DCM Hogencamp read the written comments into the record. Mayor Glasser closed Courtesy of the Floor. ATTACHMENT A - Written Comments, Regular Commission Meeting, July 13, 2020 3 CITY MANAGER REPORTS 3A. City Manager's Report CM Corbin reported on the following COVID- 19 status, 7 employees from different departments tested positive. Status of information in the DEP memo, included in the agenda packet. 18th Street parking solutions. Mobility Management Program, (pay for parking) Implementation Plan, included in the agenda packet. Working with the department heads for budgets. Discussion and questions ensued regarding status of the lightening prediction system. Interim Police Chief Vic Gualillo and Public Works (PW) Director Scott Williams answer all questions. There was lengthy discussion regarding immediate solutions to address the parking capacity issues at 18th Street. Mayor Glasser asked for direction from the Commission. There were several ideas presented. 3B. Accept the 90 -Day Calendar There was CONSENSUS to accept the 90 -Day Calendar. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A. Mosquito Control (Mayor Glasser) Mayor Glasser reported on the status of aerial sprays and the current arrangement for scheduling. Commission agreed with Mayor Glasser to not allow aerial spraying unless requested. 4B. Permit Required for Parades and Processions (Commissioner Anderson) Commissioner Anderson requested Commission feedback on allowing her to work with staff to draft regulations for time, place and manner of parades and processions in Atlantic Beach. Discussion ensured regarding permit regulation. CA Durden commented on laws to consider when proposing regulations. Regular City Commission July 13, 2020 Questions and discussion ensued regarding special event permits, the right to free speech and peaceful protests, timing of this regulation, and the purpose of the regulation. There was CONSENSUS for Commission to review a draft. Commissioner Kelly shared the tasks and responsibilities of the Commission and how it is governed. Commissioner Norris requested CM Corbin to revisit the paid parking program. She shared thoughts on COAB being a "beach resort town". Commissioner Waters shared concerns with conversations with DEP involving misunderstanding and misinterpretations of communications. Commissioner Waters requested Commission to consider consolidated signage and reclaiming all right-of- way parking. Mayor Glasser reported opening of a COVID-19 testing site for all three beach cities, safety precautions regarding COVID, requests to remain neighborly amongst the 18th Street issues, and continuing to work on verification of parking spaces. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA None. 7 COMMITTEE REPORTS None. 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 20-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING A TELEPHONE ATTENDANCE AND PARTICIPATION POLICY FOR THE CITY COMMISSION AND CITY BOARDS AND COMMITTEES. Mayor Glasser read the Resolution by title. CA Durden reported that this policy would apply during times of normal operations for meetings where a physical quorum is required. CA Durden reported on the changes made, which are detailed in the agenda. CA Durden stated she believes it is important to have a policy in place stating whether to allow or to not allow. Discussion ensued regarding board member interviews, language in Section C. - part of physical" quorum, and other cities having a similar provisions. Regular City Commission July 13, 2020 MOTION: To approve Resolution No. 20-23 as read. Motion: Blythe Waters Second: Candace Kelly Commissioner Waters stated the policy meets our goals of increased participation. Commissioner Anderson is concerned that the policy thwarts government in the sunshine and that the Resolution was drafted and brought to Commission by CA Durden without authority, permission or approval from anyone in the City, then billed the City over $1200.00. She read an email from a citizen regarding the City Attorney. She stated she is voting against it. Commissioner Kelly stated she will consider Commissioner Anderson's comments. Commissioner Norris stated she appreciates that our City Attorney is proactive, is not in favor of including the Commission in the proposed telephonic attendance allowances. Mayor Glasser stated she is not in favor of the policy based on current legislation. Round 2 Commissioner Waters spoke regarding the benefits of the policy and believes that remote participation in meetings is the way of the future. Commissioner Anderson spoke regarding the policy being subject to abuse and is not in favor. She spoke regarding the way the Resolution was presented, and the billing for it. Commissioner Kelly agreed remote participation being the way of the future; however, agreed that elected officials should not be included in telephonic attendance allowances. Commissioner Norris agreed remote participation being the way of the future, and requested examples of abuse of a policy/telephonic attendance. Mayor Glasser provided examples and is not in favor of this policy. Blythe Waters (Moved By) For Candace Kelly (Seconded By) Against Ellen Glasser Against Cindy Anderson Against Brittany Norris Against Motion failed 1 to 4. There was CONSENSUS for staff to draft a policy that telephonic attendance is not allowed. Regular City Commission July 13, 2020 Mayor Glasser asked to deviate from the order of the agenda by moving Item 10A to after Item 8A to hear from residents. MOTION: To move Item 10A to after Item 8A Motion: Brittany Norris Second: Candace Kelly Ellen Glasser Cindy Anderson Blythe Waters Candace Kelly (Seconded By) Brittany Norris (Moved By) For For For For For Motion passed 5 to 0. 10A. Public Art Grant Request - 1221 Mayport Road This Item was moved out of sequence and acted on at this time.) CM Corbin provided a summary of the funding, Planning and Community Development Director (PCDD) Amanda Askew provided slides of the application and project details which are included in the agenda packet. Todd Rykaczewski grant applicant with Word Revolt Art Gallery spoke regarding the importance of this project for promoting positivity. Questions ensued regarding the design, location of the bike rack, care of the foliage/plants and the blown glass light fixtures. Mr. Rykaczewski answered all questions. MOTION: Approve the Art Grant for 1221 Mayport Road in the amount of $5,278.50. Motion: Second: Brittany Norris Blythe Waters Ellen Glasser Cindy Anderson Blythe Waters (Seconded By) Candace Kelly Brittany Norris (Moved By) Motion passed 5 to 0. For For For For For Regular City Commission July 13, 2020 8B. RESOLUTION NO. 20-24 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING THE SEMINOLE ROAD SIDEWALK EXTENSION WORK TO JAX UTILITIES MANAGEMENT, INC. Mayor Glasser read the Resolution by title. CM Corbin provided background of the extension on the shared use path on Seminole Road. PW Director, Scott Williams provided information regarding bid and specifications of the sidewalk extension. Questions ensued regarding the south portion being a more difficult project due to being in the business section, budget difference from original project allowing monies already allocated to be rolled over to next year. MOTION: To approve Resolution No. 20-24 as read. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. 8C. RESOLUTION NO. 20-25 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN A NEW MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION Mayor Glasser read the Resolution by title. PW Director Williams reported on the contract for landscaping, mowing, weeding and pond work on the DOT right-of-way. He stated the contract is up for renewal. Commissioner Anderson stated that there is a discrepancy in the Resolution, under the fifth "whereas" should state ""the City being compensated $56,691.76 per annum". Discussion and questions ensued regarding what the contract covers, landscaping vs street repairs. Regular City Commission July 13, 2020 MOTION: To adopt Resolution No. 20-25 with the added language of "per annum" in the fifth "Whereas". Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. 8D. RESOLUTION NO. 20-26 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE BODY - WORN CAMERAS AND SOFTWARE. Mayor Glasser read Resolution by Title CM Corbin reported on the budgeted body cameras. Interim Police Chief Gualillo reported on what the purchase covers. Discussion and questions ensued regarding adding policies, training and retention periods, how videos are maintained and who manages the records for the police department. MOTION: Adopt Resolution No. 20-26 as read. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed S to 0. 9 ACTION ON ORDINANCES None. Regular City Commission July 13,2020 10 MISCELLANEOUS BUSINESS 10A. Public Art Grant Request -1221 Mayport Road This Item was moved out of sequence and acted on earlier in the meeting.) 10B. Audit Finding 17-1 Update (Finance Director Melissa Burns) CM Corbin stated this is in response to a discrepancy in the audit. Finance Director (FD) Melissa Burns provided a presentation titled Update on Audit Finding 17-1 (which is attached and made part of this Official Record as ATTACHMENT B) Questions ensued and FD Burns explained that the journaling errors occurred in FY2018, and were not picked up in previous audits due to audits only taking a random sampling. Mayor Glasser recognized Deputy Finance Director Brittany Percell for finding the errors. ATTACHMENT B - Update on Audit Finding 17 -1 10C. Fund Balance Policy FD Burns reported on the draft Fund Balance with requested changes as detailed in the agenda packet. Discussion and questions ensued regarding what Reserve Funds could be used for and uses of the V 1.Surplus Fund. Further discussion ensued regarding adding funding for hurricane recovery and land acquisition. There was CONSENSUS for staff to present a Resolution. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CC Bartle thanked Nancy Pyatte publicly for her dedication and assistance with the minutes. She worked with us for three years and recently retired, her last day was June 19. CA Durden responded to the comments earlier in the meeting, she stated she takes the comments to heart, and as requested by Commissioner Anderson will remove the $1200 from her invoice for drafting proposed Resolution 20-23. She reiterated that the City needs a policy and requested further direction on how to proceed. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Anderson spoke regarding the benefits of having in-house counsel versus outside counsel, including time, access and costs. She suggested looking at hiring in-house counsel. Commissioner Kelly spoke regarding an in-house attorney and the need for experience in the position. Regular City Commission July 13, 2020 Mayor Glasser let our residents know the Commission is listening to them, and sent out special thoughts to employees who have tested positive. She thanked the City's essential services and also thanked Interim Police Chief Gualillo for his leadership during these unusual times. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:43 PM. Attest: 4a4t,-& Donna L. Bartle, City Clerk C(6,_ Ellen Glasser, Mayor 0/26 /20 Date Approved Regular City Commission July 13, 2020 ATTACHMENT A July 13, 2020 Minutes Mayor Glasser and Commissioners, Our neighborhood (Ocean Grove, 18th & 19th Streets, North Seminole Road and 17th & 18th blocks of Beach Avenue) has seen an unprecedented rise in outsider traffic, noise, trash, unlawful drinking and after hours loitering in the last couple of years. Our pleas for help to the COAB and the COAB police department have largely fallen on deaf ears. The Mayor's letter to the editor published In the July 9th Beaches Leader sums up perfectly the response we've received from the City. Basically, she says that we knew what we were getting when we bought our homes so suck it up and deal with it. I find this beyond Insensitive especially when I've spoken to several longtime residents that live in Oceanwalk, near Waters Park, 10th Street, and all over Atlantic Beach who are totally fed up with the city basically waving the white flag and standing down while our neighborhoods become unrecognizable. Our neighborhood may be the most vocal, but rest assured, the citizens of AB are fuming. If you're lucky enough to live in a neighborhood not impacted by this administration's goal to rebrand Atlantic Beach into a "resort Beach Town", enjoy your homes and backyards while you can because when the invasion hits your street, and it will, don't expect this commission to give a damn. Kim Reich 1852 Beachside Court ATTACHMENT A July 13, 2020 Minutes Mayor and Commissioners, Thank you again for addressing the important issues of beach parking and reimbursement for beach replenishment. At the June 22 workshop Mr. Swann presented a portion of the 2014 beach parking survey to bolster his argument that the 50.25 spaces on 18th street must be used for beach replenishment reimbursement. The 2014 parking survey also shows only .5 parking spaces available on the 16th street beach access point. As an aside during the meeting Mr. Swann told me the 20 parking spaces at Waters Park were not eligible because they are more than 1/4 mile from the beach access. To test City Engineer's assertion I bought a Lufkin Gear Drive Compact Measuring Wheel and used that device to measure the distance from the furthest parking space on Waters Park (the intersection of Seminole and 16th) to the 16th street beach access. The distance measured is 480 feet, far less than the 1320 feet that equals a 1/4 mile. Besides the gross discrepancy of omitting the 20 spaces on Waters Park in the 2014 report, that report is riddled with numerous inaccuracies, many well known to the Council and Olsen and Associates the author of the report. The July 2, 2020 memorandum from FDEP that attempts to clarify their previous mistakes is again based on the inaccurate and misleading data presented in the 2014 parking survey. At a minimum, if only the 20 parking spaces in Waters Park were in the survey, regardless of all the other mistakes in the report, the parking calculations needed for reimbursement would change throughout the beach area to include 18th street. This memorandum is based totally on inaccurate data provided by Olsen and Associates and I am certain if FDEP was made aware of the true parking situation they would have come to a different conclusion. Today, the Council is again using the same inaccurate 2014 parking survey to create parking policy. Knowingly using this data to create policy is a breach of public trust. 1 urge Council to search their conscience on this issue. Is it appropriate to coordinate closely with Olsen and Associates to pressure FDEP Into attempting to change 15DU1 and 19DU1? Is it appropriate to use the data from a subcontractor who failed to accurately count parking spaces in 2014, and failed to ATTACHMENT A July 13, 2020 Minutes properly submit attachments to 15DU1? A subcontractor who failed to count enough parking spaces to qualify Jacksonville for 100% reimbursement in 19DU1, leaving more than $100k unreimbursed. Last, Ms Mayor, in reference to your letter to the Beaches Leader on July 9, 2020. You failed to address my claim that you represent 18th Street parking is essential for reimbursement. The FDEP memorandum dated July 2, 2020 clearly states that their proposed change to 19DU1 has still not been made, therefore as of today no parking spaces on 18th Street are needed for beach replenishment reimbursement. All previous and current statements by you, Council, and Olsen and Associates are false. John M. Reich 1852 Beachside Ct ATTACHMENT B July 13, 2020 Minutes LANTIC BEACH Update on Audit Finding 17-1 ATTACHMENT B July 13, 2020 Minutes TLANTIC BEACH Audit Finding 17-1 17-1– Timeliness and Accuracy of Bank Reconciliations Condition—The timely reconciliation of bank accounts is one of the key components of a sound system of internal controls. During the audit we noted that bank reconciliations for September 2017 had not been completed as of December 2017. The bank reconciliation was provided during final fieldwork in February 2018, but we noted errors in the reconciling items. Management made corrections to the September 2017 bank reconciliation, however, there remains a $10,000 unreconciled difference. Effect—Inaccurate or delayed bank reconciliations result in an increased risk that errors or irregularities will go undetected for extended periods of time. Recommendation—We recommend that the City implement procedures to ensure that all bank accounts are reconciled within 20 days of month-end. FY18 Update—At the commencement of the audit, the City had material unreconciled balances in excess of $500,000, which were uncorrected for a significant time period. This also resulted in the delay and completion of the audit. As of September 30, 2019, the City had an unreconciled difference of $105,000. The City will need to continue to investigate this significant variance and determine the source of the difference. ATTACHMENT B July 13, 2020 Minutes TL)NTIC BEACH UNRECONCILED ITEM FOUND Six week time period given during last presentation to investigate unreconciled difference Item found in week 3 by Deputy Finance Director Finance Director tasked Deputy Finance Director to look through the Clearing Account from October 2018 through September 2019 for a fresh look ATTACHMENT B July 13, 2020 Minutes TLANTIC BEACH 4/ Journal Entries Found a journal entry in the amount of over $5.2M to bring Clearing Account to zero — this should not have been done Found 22 separate journal entries that were done incorrectly, these were mostly to record debt service payments which came to a total of 4,535,802.40 The difference between the two is $665,196.30 which was the original difference in the Depository account. ATTACHMENT B July 13, 2020 Minutes LANTIC BEACH Journal Entries - Continued There was an additional error where there was items that were recorded twice — the total amount of the error was $555,152.66 This left the difference of $110,043.65 both in the Clearing Account and the Depository Account. This resulted in more cash in the Depository Account.