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Item 1A Minutes 1-11-16MINUTES REGULAR CITY COMMISSION MEETING January 11,2016 IN ATTENDANCE: Mayor Mitchell E. Reeves Commissioner Mitchell R. Harding Commissioner Jimmy Hill Commissioner John Stinson Commissioner M. Blythe Waters Invocation and pledge to the flag CITY HALL, 800 SEMINOLE ROAD City Attorney Rich Komando City Manager Nelson VanLiere City Clerk Donna Bartle Recording Secretary Nancy E. Bailey AGENDA ITEM #lA JANUARY 25, 2016 Mayor Reeves stated we have a special guest here tonight, Emily Pope from Fletcher Middle School. He stated this is one of her projects to attend a Commission meeting. He asked her to lead the Pledge of Allegiance to the Flag. Following the Pledge, Mayor Reeves gave the Invocation. Call to Order: Mayor Reeves welcomed the audience and explained the process for public comments. He called the meeting to order at 6:37p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves welcomed Commissioner Harding to his first meeting, stating they were glad to have him. Items 2A and B were taken out of sequence and acted on at this time. 2A. Proclamation in recognition of the Distinguished Public Service of Jonathan Daugherty. City Clerk Bartle read the proclamation in full and Mayor Reeves presented the proclamation along with a photograph of Commission Daugherty and a group photograph of the Commission to Mr. Daugherty. Mr. Daugherty thanked everyone and stated he misses everyone. B. Proclamation for the successful execution of a drug interdiction raid on November 20, 2015. Mayor Reeves stated Commissioner Stinson is the sponsor of this proclamation tonight and turned the floor over to him. Commissioner Stinson explained he had proposed the proclamation to recognize the efforts of three police departments in a drug raid on November 20. Chief Deal introduced the guests who assisted Atlantic Beach on this incident, stating the relationship they have with these agencies is outstanding and makes Atlantic Beach a much better law enforcement agency. He introduced the representatives from the ATF: Resident Agent in Charge, Todd Lockhart; Agent Barry Smalls, Agent Brian McCarthy, Agent Elise Howard, and Detective Schaeffer; Jacksonville Beach Police Department, Chief Patrick Dooley; Neptune Beach Police Department Chief Tony Carrillo; and from Atlantic Beach Police Department, Commander Vic Gualillo, Commander Tiffany Layson, Police Officer First Class Adrian Moore, Police Officer First Class William (B.J.) Cassidy, Senior Police Officer/Detective Jimmy Hundley and Sergeant Ed Peck. City Clerk Bartle read the proclamation in full and Mayor Reeves, assisted by Commissioner Stinson, presented the proclamation to the representatives of each of the four agencies. Mayor Reeves further congratulated Tony Carrillo on his retirement after 31 years. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of December 14, 2015. January 11,2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 Page2 B. Approve the minutes of the Public Meeting between Mayor Reeves and Commissioner Hill of December 8, 2015. C. Approve the minutes of the Public Meeting between Mayor Reeves and Commissioner Stinson ofDecember 16, 2015. Mayor Reeves asked if there were any corrections to the above minutes. Motion: Approve the minutes as submitted. Moved by Hill, Seconded by Waters Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 2. Courtesy of Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. He explained the process for public comments, stating if anyone wants to speak on the Cloister gate item he will also open the floor to speakers after Commissioner Stinson gives his report under Item 8C. Grace Costello, 333 8th Street, spoke in opposition to hiring Alan Jensen for City Attorney. She stated she believes the new City Attorney should be reintroduced under due process and the position put to application with the candidate chosen to have a background in budget financing. Dick Hilliard, 338 11th Street, addressed a boulder that is sticking out over the pavement on Beach A venue and asked that the City look at this. Lou Keith, 1845 Tierra Verde Drive, addressed the Bennett property stating the price is outrageous. He suggested offering $100,000 for that property. Chris Jorgensen, 92 W. 3rd St., addressed the Beaches Watch meeting, stating he was disappointed that Mayor Reeves was the only official from Atlantic Beach who attended. He further stated he attended the meeting with Mayor Reeves and Commissioner Waters, the meeting with Commissioner Stinson and the Cloister, the Town Hall Meeting and commended this Commission for handling tough issues. John November, 271 East Coast Drive, representing the Bennett family, stated the purchase of this property will make a great park and increase property values. He thanked the Commission for the generations who will be able to access this park in the future. Carolyn Woods, 303 6th St., spoke in favor of acquiring more parkland on.the west side. She also discussed the rumors that we are going to replace our City Attorney tonight and rehire Alan Jensen, stating that is not a good idea. Sally Clemens, 1638 Park Terrace West, suggested that the Commission have more one-on-one discussions with the appropriate staff member before the Commission meetings; maybe this might eliminate some concerns and questions at our meetings. She also stated solutions to the congestion at our five-way stop should be implemented before new homeowners add to this gridlock. She stated, as the Mayor mentioned earlier, the new speaker comment form is beneficial because when there are so many speakers it gives an January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 Page3 opportunity for others to attest an agenda item without speaking. She stated some cities are using a speaker queue system, which by pushing a button allows a light to go on which informs the Mayor that a Commissioner is ready to speak. She stated this does have its cost but would add to the efficiency and effectiveness of our City government. Ron McBride, 10 10th Street, #E-27, expressed concern that the City wants to take away or diminish the Cloister's use of their south driveway to a public roadway. Charles Vermillion, 701 Beach Avenue, stated he fully supports Commissioner Stinson's solutions for the Cloister gate issues with the exception of little Plaza becoming a one-way street, which he believes should be closed to the public with entrance and exit for residents only. Sally Vermillion, 701 Beach Avenue, supports Commissioner Stinson's proposed solutions to the Cloister's gate issues with the exception of little Plaza becoming a one-way street. She believes the street should be closed to the public for safety reasons and entrance and exit should be for residents only. Dee Reiter, 1798 Selva Marina Dr., stated ifthey need an interim attorney she believes Alan Jensen would be a very good selection. She stated he has the institutional and historical knowledge of the legal affairs of Atlantic Beach to help until there is a full search for a City attorney. She thanked Mr. Komando and his firm for his service, stating she wishes him the best. No one else from the audience spoke, so Mayor Reeves closed the Courtesy of the Floor to Visitors. Mayor Reeves asked if Commissioner Stinson would like to move Item 8C up. Commissioner Stinson stated he had no problem moving it up; the reason he asked for people speaking about that particular matter to be able to speak after the presentation was so they could hear the concerns that have been expressed to him since they had the meeting on Thursday. Mayor Reeves asked for consensus to move Item 8C up on the agenda. It was the consensus of the Commission to move Item 8C up to be the next topic. Commissioner Hill asked what is their intention and when is their intention to discuss the email he saw this evening announcing the resignation (of the City Attorney) and when do they publicly bring that up. Mayor Reeves stated it will come up at the proper time. Commissioner Hill stated he would like to make a motion to move that to the head of the discussion, no matter what the other discussion is, because it is the largest piece of information he has received in the two years he has been here, without any indication that it was coming. He stated in his opinion it is an emergency discussion. Mayor Reeves stated, they said they will take the item up now for Commissioner Stinson to speak and then he will bring the other issue back up to the Commission. Item 8C was taken out of sequence and acted on at this time. 8C. Report on meeting with Cloister. Commissioner Stinson reported on the meeting with Cloister residents and neighbors to discuss the Cloister south gate and how the use affected the surrounding neighborhood. He explained some of the concerns expressed during the meeting. He showed a slide of the Cloister Area Traffic Plan and gave a summary of his recommended proposal, as follows: (1) make the Cloister south gate an entrance only; (2) designate Club Dr. as a one-way street, westbound from to Ocean Blvd.; (3) designate Plaza as a one-way street, westbound from Ocean Blvd. to East Coast Dr.; (4) lOth Street-construct a tum-around at the end of lOth St. adjacent to the beach access, reconfigure the angled parking for resident and beach access east of the Beach Ave. I 1Oth St. intersection, redesignate beach access parking and resident parking, placing beach access parking January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 Page4 immediately adjacent to the Beach Ave. and lOth St. intersection which allows beach visitors to recognize the availability of parking for beach access prior to entering the beach access area, evaluate the installation of LED lighting at the lOth St. beach access entry, similar to parking garages at airports, that alerts incoming drivers to the number of beach access parking spaces available, and restrict parking along 1Oth St. between Beach Ave. and Ocean Blvd. He stated they took a straw vote on his proposal at the meeting with 20 voting for and 6 against. Mayor Reeves asked the City Clerk to call the citizens speaking on this topic. Susan Carr, 1024 Ocean Blvd., did not want to speak but wanted to show support. Dick Hilliard, 338 11th St., gave historical background on the PUD, the gates at the Cloister and parking on 1oth Street. Robert Hines, 880 Beach Ave., thanked Commission Stinson for getting involved but stated he opposes his proposal to make the Cloister south gate an entrance while the north gate continues to be used as an entrance and exit. He stated before making a decision, a traffic study should be performed by a licensed and experienced traffic engineering firm. He gave the City Clerk a typed copy of his entire discussion. Todd Jansen, 255 Plaza St., stated he disagrees with Plaza becoming a one-way east to west but would like them to consider making it a non-through street. Meade Coplan, 10 10th St., #61-K, spoke in favor of keeping the Cloister south gate open and asked the City Clerk to provide everything any Commissioner produced or received as a basis for Commissioner Stinson's December recommendation and tonight's report. She stated they will be asking the City Clerk to provide any and all records relating to the production of the recommendation and report in a formal request. Dan Sizemore, 10 10th St., Unit 54, spoke in favor of keeping the south gate open. Alison Brown, 10 10th Street, #64, spoke in favor of the south gate being kept open. Lorelle Weil, 10 10th Street, #52, spoke in favor of the south gate being kept open. JeffWeil, 10 lOth Street,# 52, spoke in favor of the south gate being kept open and believes the city should hire a traffic engineer. Mary Ulrich, 151 Club Drive, spoke against the south gate being opened and suggested they concentrate on 1Oth Street and solve the parking problem. H.G. Ulrich, 151 Club Drive, stated in the March 12, 1973 Commission minutes the City approved the PUD for the Hotel Reservation, now known as the Cloister, and the approval was made stating there will only be one access to the property, lOth Street, and a locked gate at the southern end of the property at Beach Avenue for emergency use. He gave further background on the Cloister gate. He requested that the Commission and the City Manager enforce the Code of Atlantic Beach. Mayor Reeves interrupted the speakers to give Emily Pope an official City pin and thanked her for coming. Butch Toney, 885 Beach Avenue, stated what is bothering him more than anything is that they are not talking as neighbors, they are talking as enemies. He stated if they can relieve some problems on 1Oth with January 11,2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 PageS the Cloister and let the City get involved, they can relieve some of it off of Club. He stated they need to be more like neighbors and try to fmd a resolution. Joan Toney, 885 Beach Avenue, thanked Commissioner Stinson for the meeting, stating it was very helpful. She stated they aren't opposing the gate just to oppose it; it is a safety issue. She stated she agrees with Commissioner Stinson's compromise. She stated her neighbors agree with her and with Commissioner Stinson's compromise. She stated she doesn't want to fight. Lovell Farris, 10 10th St., Apt. 3B, spoke in favor of the gate being open. Curtis Hill, 480 Ocean Dr., stated he supports Commissioner Stinson's proposal. Saswata Roy, 140 gth Street, thanked Mayor Reeves for how he was running the meeting tonight. He also thanked Commissioner Stinson for moderating the Cloister meeting and for responding to his concerns in his email. He expressed his concerns and stated he supports closing the south gate. He suggested tabling this and studying it further. Gail Baker, 10 10th St. #46, did not speak but was in support of the gate. Lisa Herrold, 659 Sherry Dr., spoke in support of opening the south gate at the Cloister and keeping it open. T.J. Streit, 848 Ocean Blvd., spoke in favor of closing the south gate. He stated he and his neighbors would like to open the issue of little Plaza . . Commissioner Stinson stated following the vote on Thursday night, he committed to present the proposal to the Commission for discussion and hopes to move it forward and let staff come back with a detailed plan. He_ stated he believes it needs to be addressed. He stated his sole intent in addressing this was to bring neighbors back to being neighborly. Commissioner Harding stated he doesn't know if he is prepared to make a decision without looking into this further and speaking to the City Attorney regarding the validity of some of the information that was given out today. Commissioner Waters stated she doesn't believe they are prepared tonight to make a decision on the potential legal ramifications. She suggested they look into having a traffic engineer review the proposed plan. Commissioner Hill stated all of this is in his district and it was handled by Commissioner Stinson and he did a really good job but this was given to Commissioner Stinson in error by the Mayor. He stated they can't close roads for convenience. He stated they need to address putting a sidewalk on little Plaza on the existing right- of-way, not closing the street. He stated closing the road will result in an extended response time on the many EMS and fire calls that come to those who live in Seaplace and the Cloister. He wants to deal with the congestion immediately at the gate on the north end of the Cloister. He stated he is not in favor of flipping any parking around on lOth. He stated if they have to turn Plaza into a one-way street, they should consider turning it to the other direction for the pure purpose that you cannot put an obstacle in the way for emergency vehicles. Mayor Reeves stated he did make a mistake and apologized to Commissioner Hill in picking the wrong Commissioner. He stated this Commission inherited this issue and they are trying to solve it. He stated there .January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #IA JANUARY 25, 2016 Page6 is more research to be done and he does believe they need a traffic engineer to look at it and see if it is a safety issue. He suggested that the Cloister stop using the gate as an exit and just use it for an entrance for about a month or until they can work this out. Discussion ensued. Commissioner Stinson stated they need to give staff direction on how to move forward. Mayor Reeves thank Commissioner Stinson for taking the time and effort to hold the meeting. He stated he would like to see staff research this more. He asked that the Cloister association support the Commission by · sending a letter stating that they will honor for a period of time only going in from the south. Mayor Reeves stated he would entertain a motion. Commissioner Hill asked the City Attorney if they can make a motion to give direction to staff tonight, legally. Mr. Komando stated legally, yes. He stated it is not their practice but legally there is nothing that would prevent them. Motion: Look at this issue in three parts. Moved Hill, Seconded by Waters Commissioner Hill stated he would like to make a motion to identify the immediate identified problems. He stated the motion would be to make no curbside parking on the north side of 11th Street between Beach and Ocean and no curbside parking on Club Drive between Beach and Ocean. He stated the purpose of that is to both clear a line of site for any additional traffic during this interim period and address immediate known congestion on 1Oth Street. He stated the congestion is not as noticeable on Club but both of those streets will be in the areas that would have these identified risks and near misses and we can alleviate that by clearing line of site on both streets. He stated neither street traditionally has a tremendous impact on our dredge related stuff because neither tends to be transient parking or visitor parking. He stated the second motion is to put Plaza as a separate issue and move it forward to another time and deal with it at the next meeting. He stated the third motion is to direct the City Manager to negotiate a compromise, until we get the PUD related activity and information that is so critical to this, and to authorize the ingress on the south end as an option negotiated for an exchange of the City making some congestion adjustments on the north end. He stated that would be contingent on there being enough City right-of-way to open that area up to give additional room. He stated the purpose is to make that conversation continue with direction from us. He stated it doesn't mean we are giving permission to open it permanently and he would recommend, until we get a legal ruling, that all negotiations be for a temporary solution until we either identify or not identify the historic documents we need. Commissioner Waters proposed an amendment to put a 90 or 120 day timeframe so they don't have any question about when it expires. Commissioner Hill asked if it would suit her intention to go 120 days. Mayor Reeves clarified they hav~ an amendment to the motion to add 120 days. Commissioner Harding asked Commissioner Hill to clarify if no curbside parking on 1Oth and Club was for both sides of the road. Commissioner Hill stated north side of the road on both streets. Commissioner Harding also asked, as far as directing the City Manager to negotiate a compromise, was he talking about with the homeowners association. Commissioner Hill stated of the Cloister or any other parties he believes are involved in it. He stated if there is a second or third party, he can identify them. Commissioner Harding agreed that putting Plaza on a separate agenda item would be the proper course of action. January 11,2016 REGULAR COMMISSION MEETING AGENDA ITEM# lA JANUARY 25, 2016 Page7 Commissioner Stinson asked if the three motions are: No parking on Club or lOth Street between Beach and Ocean. Commissioner Hill clarified, curbside on north side between Beach and Ocean. Commissioner Stinson continued, Plaza moved to its own agenda item and negotiate with the Cloister entrance on the south in exchange for a congestion address on the north. Commissioner Hill stated that was correct. Commissioner Stinson stated Club Drive only has parking on the north side of the street and therefore residents have no place for visitors to park when they visit them. He stated he believes the residents of little Plaza would like to see their street addressed in some manner and would even like to rename the street to little Plaza. He stated, from the discussions they had with the Cloister president and vice president, he does not believe there is much hope for a resolution such as the third motion. Mayor Reeves stated he has an issue with the motion in that it puts them back to the very beginning again. He stated he would rather see them focus on direction for some professional traffic issues and then come back and not leave it to the City Manager to make the decision because he believes they have already put it in the hands of the Commission. He called for a vote on the motion. Commissioner Stinson asked that the motions be restated. Commissioner Hill stated the process is being stifled by the attempt to stay on a very fast timeline. He stated had the Mayor allowed him to respond to the direct question of the other Commissioner. Mayor Reeves stated they are going by the guidelines of the rules that have been set. He stated they have gone through everything and everybody has discussed it. He stated if it passes, it passes; if it fails, it doesn't mean that someone else, including himself, can't introduce another motion. He stated with that said, he has called a vote and all in favor for the motion as stated say aye. Commissioner Waters called for a point of order. She stated the motion, as stated, was to propose three motions. She stated they need to decide whether they are voting on the motion to propose three motions or are they voting on the three motions; are they voting them as a block or are they voting them separately. Mayor Reeves stated, if he understands, the motion is one motion with three separate facts. Commissioner Hill stated, no, it was three motions and the question was can it be handled as three motions but be discussed in a group. He asked if he wanted him to read one. Mayor Reeves stated, yes, read motion one to make sure the Clerk has it correctly and then he will call a vote on motion one. Motion: Designate 11th Street between Beach Ave. and Ocean A venue no parking curbside on the north side and designate Club Drive no parking on the north side, curbside between Beach and Ocean. Commissioner Waters added, with the amendment for 120 days. Commissioner Hill stated he said 11th' but it is 1Oth Street. Mayor Reeves asked the Clerk to read the motion back. City Clerk Bartle stated she could not keep up and exercised her right to ask for the motion in writing, instead of trying to keep up with this complex motion. Commissioner Hill stated he had no problem moving this to the next meeting; he was just trying to honor Commissioner Stinson's attempt to progress forward, after all the hard work he did, with some meaningful move. He stated he will be glad to present all three motions and address them at the next meeting. He stated he doesn't want to attempt to do them now because she won't be able to read it. Mayor Reeves stated he believes they can work this out and asked that Commissioner Hill read it one more time. Commissioner Hill stated, point of order, through the Chair he stated he wanted to ask Commissioner Stinson about his comments on the motion. He asked if there would be any benefit, since it doesn't make as much difference on Club which side is no parking and the intent is to open a more visible lane, would there be any advantage, in his opinion after listening to all of the residents, to switching from one side to the other of the street. He stated his reasoning was to bring it closest to the gate itself but it isn't as relevant as it would be on 1Oth St. Commissioner Stinson responded that his understanding of Club Drive is that there is no parking on the south side of the street. Mayor Reeves stated they are getting back into discussion and that is where they get off January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 PageS track. Commissioner Hili stated that answers his question. Mayor Reeves asked Commissioner Hill to present his motion again. Commissioner Hill repeated his motion as follows: 1Oth, Beach to Ocean curbside on the north side be designated as a no parking and identical language on Club also was the original motion with 120 days. Roll Call Votes: Aye: 2-Hill, Waters Nay: 3 -Stinson, Harding, Reeves MOTION FAILED Commissioner Hill withdrew the second and third motions, stating they are not far enough along in the process. Mayor Reeves recessed the meeting at 9:32p.m. He reconvened the meeting at 9:39p.m. Mayor Reeves opened the discussion back up and made the following motion. Motion: Direct the City Manager to direct his staff to get a traffic engineering report, to include the pros and cons, if we restrict any parking that we currently have, and whether it will affect funds we get for the beach. Moved by Reeves, Seconded by Harding Commissioner Hill stated he doesn't believe we need a consultant for this. He believes we can handle this in- house. Mayor Reeves stated he would make a correction to his motion to state that we direct the City Manager to take whatever actions he needs to get the right data. Motion: Amend motion to state Direct the City Manager to take whatever actions he needs to get the right data. Moved by Reeves, Seconded by Hill Discussion ensued. Mayor Reeves asked the City Manager if they have funds to cover that and what would it cost. Mr. VanLiere stated it depends on the scope of the project. He stated to evaluate all points of the proposal as to whether they would be configured with or without access to the gate, would be another issue that would need to be resolved. He stated it could be relatively cheap if they gave them clear instructions on just traffic patterns but if you throw in the legalities and what ifs , then it could get drawn out with multiple options. Mayor Reeves asked what the time line would be to get a report back to the Commission and could they do that within 120 days. Mr. VanLiere stated he believes they definitely could come back, within 120 days, with s,ame type of response to this. He stated they could steer toward a workshop in the future where they could make some decisions. Mayor Reeves encouraged each Commissioner to reach out to the City Manager so they can cover their concerns. January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 Page9 Commissioner Harding asked if they are going to do a traffic study in-house, is that going to include the safety aspects of this issue both on Club Drive and Beach A venue and do they want to include little Plaza as part of this traffic study or do they want to separate it and look at that issue by itself. Mr. Van Liere stated looking at each of the items on the map, individually, staff can give an opinion as to what they believe should or should not be done. He stated the Public Safety Director can look at the safety issues. He stated they can't get to the level of plugging in all the traffic counts and do models of where every traffic tum would be pushed to the next street, etc., in-house. Commissioner Hill stated until the question of whether or not the gate can open is answered, the City Manager can't do anything. He stated separate from that issue, they have identified a lot of issues where they can make improvements in the neighborhood in general. He stated he doesn't want to tie the easy low hanging fruit to the hard question. He stated he would like the City Manager to look at what we can fix right away. He stated they can jump on Plaza right away but they should keep it separate. Commissioner Stinson stated they challenged the citizens to work to a solution and, although not unanimous, 20 agreed this was a good solution to work toward and 6 said no. He stated of those 6, 3 lived inside the Cloister and 3 lived outside. He stated he believes they are farther away from a solution then they were before last Thursday. He stated his disappointment stems from the fact that they came back with a solution that the majority of the citizens liked and they are not going to evaluate that solution and tell them yes it works, or no it doesn't. He stated by kicking this can down the road they are going to lose confidence of those in and outside the Cloister that they are not going to address this and are avoiding the issue in some way. He agreed that Plaza was an easy fix but he believes our citizens are going to look at this and say, why did we take the time and do it if you aren't going to hear what we really think we might like. Commissioner Hill stated he made an effort to try to move some of this along. He suggested they move to the next meeting with Commissioner Stinson's solution as a framework for a second round of possible discussions. Commissioner Waters stated she doesn't want to put off citizen action, which is why she supported Commissioner Hill's changes; however, she does want to put off spending money before the big legal question is settled. She agreed that picking off some low hanging fruit, fixing some street-side parking issues ·and directionality, makes sense. She stated if she would support something, it would be to not vote on it tonight but to work with staff to come up with a list of proposals and they can vote on them individually at the next meeting, so they are taking action, hearing the. citizens, but not spending money before the time to spend money has come. Commissioner Harding is concerned about the first opti_on of restricting Club Drive when there is no parking and how it was going to negatively affect the grants and beach renourishment if they took those parking spaces away. He stated he would like to come to a resolution also but is not sure where some of these references came from and he has not had the opportunity to look at some of these minutes that have been referenced here. He stated he at least would like to have the opportunity to look at those before he makes the decision that may or may not put us in a positive or negative light. He stated he is more than willing to move this to the next Commission meeting and have the opportunity to review these references so he feels comfortable and confident in making a decision. Mayor Reeve~ stated his motion was not intended to not take Commissioner Stinson's recommendations or Commissioner IIill's recommendations. He stated he was thinking what would happen would be that staff January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM# lA JANUARY 25, 2016 Page 10 would take Commissioner Stinson's suggestions that came out of that meeting and the suggestions Commissioner Hill gave tonight. Commissioner Stinson asked the City Attorney if he is correct that items placed on discussion are, historically, discussed and City Staff is given direction as to what way the Commission wants to proceed and they don't typically vote on those but are just moved forward to future meetings. City Attorney Komando stated he was correct that has been the Commission's practice. He stated when the workshops were taken out of the every other meeting cycle, it was with the understanding, based on citizen comments, that items that were listed for discussion only would have consensus to move forward and weren't traditionally voted on at the time. Mayor Reeves stated he must have misunderstood earlier; he thought when that question was asked that the answer was that they could vote on it. Mi. Komando stated that is correct; the answer is not different, the answer is to two different questions. He stated the original question was, can we vote and the answer is yes, you can vote on something that is noticed. He stated Commissioner Stinson's question was, is this how we traditionally do it and the answer is no, it is not how they traditionally do it. Commissioner Hill asked the City Attorney if they should find additional infmmation that ties this question to a PUD, is it the Commission's privy or is it the Community Development Board's privy, legally. Mr. Komando stated if it is determined that a PUD exists the correct procedure would be for an application to amend the PUD that would follow the City's process. Commissioner Hill stated he believes that because he almost did something that is pretty contradictory to his intention, out of a real desire to do good he almost broke the traditional realm of notification by trying to solve a problem tonight. He stated there is a process that past Commissions have chosen and he likes the idea that the methodical slow motion through the process allowed a complete vetting of any process. He stated he almost went away from that by trying to make his motion earlier, which was the second reason he retracted his motion. He stated he believes it is better for the process to have a discussion about it and wait the two weeks to take action, unless there is an emergency. Mayor Reeves stated they are voting on the current motion as amended. Roll Call Votes: Aye: 0- Nay: 5-Waters, Harding, Hill, Stinson, Reeves MOTION FAILED Commissioner Hill suggested Mayor Reeves make his exact motion in the form of a consensus so they can move this forward and not jump the process. It was the consensus to move this item forward to the next meeting and each Commissioner will get with the City Manager to discuss the item. Mayor Reeves stated Commissioner Hill had asked for the item on the City Attorney to be discussed immediately and since it was not on the agenda, the only way it would be discussed would be under Item 10. He asked for consensus to move Item 10 up. A portion of Item 10 was taken out of sequence and acted on at this time. 10. Reports and/or requests from City Attorney Mayor Reeves turned the floor over to the City Attorney. January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM# lA JANUARY 25, 2016 Page 11 Mr. Komando explained he sent an email with an attached letter terminating the legal services agreement with his ftrm. He read his letter resigning their legal services as city counsel. Commissioner Hill stated it is deeply disturbing that one person on this board can have enough influence to change the directiop. that the board as a whole goes without a public forum. He stated he implores all of them to be cautious how they interact with all aspects of the City as new Commissioners and to understand their role and the scope of their role and the actual intention of the public format. He stated he is very disturbed that any one of them could meet with any entity involved and the end result of that meeting be a massive change that affects all of them, without the opportunity to put it in a public forum. He stated this is the largest overreach he has witnessed in the 30 years he has been here. He stated to Mayor Reeves that he would absolutely support 100%, without any question, any minor indication publicly that he was unhappy with legal counsel and immediately vote to support him in replacing him. He stated all ftve of them have a very deep responsibility to each other to make sure that one position is a ttusted position by all ftve, because that person works for all ftve of them. He stated going forward they have to make a decision based on this resignation out of the blue to ftll that position. He stated it has to be unanimous, which is why he would support any decision any of them made with any lack of trust or comfort with legal counsel. He stated, however, this feels back room and it bothers him immensely. He stated that is not the government he wants to be part of, but he is not going anywhere; he will ftx this government. Commissioner Waters stated, like Commissioner Hill, she fmds it disturbing that one me:Jllber of this Commission could call a meeting with our City Attorney and have the end result of that meeting be the abrupt resignation of his ftrm. She stated it does seem to be a way of avoiding the Commission as a whole addressing an issue and seems to be a significant overreach in that each of them is just one member of the Commission. She stated, however, she also agrees with Commissioner Hill that when they look at the issue of ttust in legal representation, it should indeed be unanimous. She stated she believes that is something they should keep in mind going forward. She stated, with less than 8 hours notice, it was clear that sentiment already rides high in Atlantic Beach regarding this matter. Commissioner Hill interrupted with a point of order stating that he had received a text that the video is not working and he wanted that documented. He stated he would like the City staff to make sure that this conversation is documented. Mayor Reeves requested someone to pull it up on the internet. It was confirmed by the audience that the video was working. Mayor Reeves stated the rule was set by the last Commission that the text messages would not be accepted up here at the dais and he stressed that again. He turned the meeting back over to Commissioner Waters to continue. Commissioner Waters stated she believes it is incumbent upon them all to think about unity moving forward and to think about working together as a Commission. She stated, in the interest of clearing the air, she would like to ask Mayor Reeves, in the meeting with the City Attorney, did he ask for their resignation. Mayor Reeves stated he will talk about that when he gets his time to talk, but he will answer that question. Commissioner Harding stated he would withhold any comments he has for the time being because he doesn't feel educated enough in this whole scenario to make a comment on it. Commissioner Stinson referenced the book he distributed to the Commission at the meeting when they were sworn in stating in that book there is a pyramid and the foundation of the pyramid is ttust. He stated they have to learn to ttust each other and believe they are all going to operate in the manner they are expected to and they will operate in the best interest of the community and the Commission. He thanked Mr. Komando for two years of service in extremely volatile times in Atlantic Beach and believes he has seen our City at its most divided. January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM# lA JANUARY 25, 2016 Page 12 Mayor Reeves responded that he believes every Commissioner has the right to sit down with the City Attorney and share their thoughts. He asked how else do they have a two-way conversation; do they do it publicly in this room, maybe so. He stated sometimes you can sit down and have real discussions with each other. He stated that meeting was a very good meeting and he expressed his feelings as Mayor and his thoughts in that meeting and he would do it again. He stated the Mayor and every Commissioner has to make sure they are comfortable and he felt he would share that with the City Attorney. He stated he received a call the next day that they had chosen to leave and when they did he immediately notified the City Manager and a notification was given out. He stated he understands their feelings but they have to understand that every one of them had the same privilege to sit down and have that discussion with the City Attorney, City Manager or City Clerk. He stated those three people report to the Commission. He stated in no way was his discussion on behalf of the Commission; it was one vote or one thought and he shared what he felt. He stated he made that very clear and each of them have the same right and obligation to make sure they are comfortable with the situation. He stated that is exactly what he did. Mr. Komando thanked all of them, stating he has had very detailed conversations with each of them, with the exception of Commissioner Harding, and he believes they know that he doesn't share with other people the contents of their conversations. He stated he believes that is the bedrock of trust. He stated it has been a true honor and pleasure to work for this City. He stated it has been some of the most challenging work he has handled in his legal career. He stated, yes, he and the Mayor did talk; they had a good conversation. He stated Mayor Reeves had some good conversations with the Managing Partner of their firm. He stated this was his firm's decision and he believes it undermines the tremendous amount of respect he has for each of them and for them as a body and as a Commission. He stated he has never lost sight of the fact that he is keenly aware that this Commission acts as one voice and it was because of that, that his firm made the decision this is a new year and they are looking to move in a new direction. He stated they will be here to assist in the transition and want this to be positive, moving forward. He thanked them for the opportunity. Commissioner Hill reiterated the pyramid and the platform of trust is 100% the reason for his comments. He stated while he completely supports the Mayor's or any of the Commissioner's decisions related to any problem with an Attorney, City Manager or City Clerk, because they all have to agree that they are good, he can't imagine a conversation that he would have, personally, with any one of those three that would lead that person to take immediate action. He stated in an open format public hearing, this issue would have better served our citizens. He stated the action taken privately in a productive meeting leaves our City in an unbelievably vulnerable scenario while they are potentially dealing with an issue. He stated the Board makes better decisions as a Board and believes they could have served the citizens better. Commissioner Waters stated she would like to rectify the mistake of not thanking Mr. Komando and the firm for the legal advice that they have provided. She stated it has not gone unnoticed that he works a lot of hours and a lot of late nights, not just with the Commission but with all of the Boards and that hard work does not go unappreciated. She stated she still does believe that her concern about unilateral action has been answered. She stated it does alarm her. She stated the answer in that lies in trusting that as they go forward action will be communal between all of the Commission when it comes to decisions about needing trust between all of them. Commissioner Harding stated he too was remiss in wishing Mr. Komando the best and thanking him for his service to the City. He stated he was the first one he spoke with when he was brought on to the Commission. He stated Mr. Komando told him then that they want to have it unanimous that everyone is satisfied with them or they would rather take the high road and move in a new direction. He stated anytime he had a question he was available to him and thanked him for that. January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM# lA JANUARY 25, 2016 Page 13 Mayor Reeves stated they did have a nice discussion and believes they have to be able to share. He stated he believes in their discussion he was very plain that he was only speaking for himself. He stated he was not speaking for the Commission; it had nothing to do with all the other Commissioners' comments, he was speaking for himself. He stated with all the laws they have to do, they have to be able to sit down with your attomey and have open discussions; the same way they should be able to do with the City Manager without those discussions being shared with other people. Commissioner Stinson stated he agrees with the comment that with the Sunshine Laws it is very difficult for them to have conversations like that in a Commission meeting. He believes they should take opportunities to meet with their City Attomey, City Manager and City Clerk and express how they are going to move forward. He stated related to Commissioner Hill's comments about addressing those kinds of things in a forum setting, that is a tough thing. He stated, going back to the trust thing, he doesn't know when everyone was notified of this decision but when he was told he was requested to keep that confidential; that Mr. Komando and his partners had asked that they do that so he could make the announcement tonight. Regrettably, he stated he has been having phone calls and emails since about an hour or two after that; so they have a trust issue they are going to have to address with this group. He wished Mr. Komando the best and thanked him for his service. Commissioner Hill stated he believes Commissioner Stinson hit the root of the problem. He stated there is not one conversation on the planet earth that your govemment should have in confidence that involves the govemment, the function of the govemment, or the way the govemment handles its business. He stated there is no tolerable secret conversation that leads to leaving a City as vulnerable as they are right now in their legal situation. He stated there should never be an opportunity for any one of them to put that kind of potential damage to the citizens. He stated they would have decided a better path forward as a group than where they are sitting right now. He stated he has had concems with Department Heads and other things but he would never have a conversation, and hopes none of this new Commission has another conversation privately, that leads any other employee to feel that their only option is to leave and it leaves the City in this type of dire situation. He stated that secret request is why he ran. He stated that request comes directly from a faction in this City that requires secrecy to operate and he will not allow it to reemerge. He stated there are no secrets in govemment and if there are, he will root them out and he will end them. He stated that is his pledge to the people he ran to protect because that was what was wrong with this City for many years. He stated they can have conversations but they should not hide anything. He stated when someone asks them to keep something secret it isn't ever in the best interest of the public. Commissioner Stinson stated he wasn't saying they should be keeping secrets, what he was saying is that his understanding was that Mr. Komando and his firm asked them to give them the respect of announcing their termination of services with the City tonight and regrettable that was running rampantly across Jacksonville. He stated he believes he has the right and obligation to sit down with the three people who report to the Commission and talk to them about his concerns, not sit down and make decisions for the five of them. He stated he was not advocating secrets. Commissioner Hill stated he understood that; he was speaking to a bigger point. Commissioner Waters stated, again, this goes back very much to a trust issue. She stated it may simply be an attempt to be delicate or polite or graceful, but in govemment she believes it has to be set aside. She believes when it comes to trust, she asked a very simple, direct question that she thought would not impugn anyone or require discussion of anything said in confidence. She stated she just asked for reassurance that during Mayor Reeves' meeting he did not ask for the resignation of the firm, as that would be acting on behalf of the entire Commission. She stated that assurance provides that bedrock of trust they are looking to build., January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM # lA JANUARY 25, 2016 Page 14 Commissioner Harding, speaking to Commissioner Stinson's comments regarding the confidential information getting out, he stated when he received this information on Friday he was not available by phone and a voice mail message was left on his phone. He stated he immediately called back and the information was not relayed to him that it was confidential and Mr. Komando had not yet resigned and wanted to do so at the Monday night meeting. He stated it was his understanding that he had resigned in that meeting and this was something that would be a matter of public record. He stated when he met with some individuals on Saturday they asked him a question regarding an agenda item and he didn't have the answer to it. He stated that was something he needed to talce up with the City Attorney; however, at this time we are without a City Attorney. He stated at that point at least one of the avenues of information is probably attributed to him. He reiterated there was no information given to him about the resignation of the City Attorney that it was something that was a pending action and was confidential. He stated he wanted to clear the air on that issue. Mayor Reeves stated he can understand each of their concerns about his meeting but if they listened to Mr. Komando he stated that his law firm was moving to another direction. He stated if his conversation with them pushed them to that decision quicker than they wanted to, he is sorry but he can't control what they want to do. He was upset that the rumor emails were sent out and people were notified about this but it was supposed to be confidential only on the request of our attorneys. He thought they, as a Commission, would give them the respect on their request and would give them the opportunity to move forward in the new direction. He stated he had a wonderful conversation with Senator Bradley and also Mr. Komando about the law firm and the future of their law firm, and his concerns. He stated they are gentlemen, they have made this decision on their own and he was not representing the full Commission. He reiterated he has every right to meet with the City Attorney and share his thoughts. He stated he wishes them the best. He stated they are in the middle of a lot of things going on and Mr. Komando stated his firm is under their contract for 35 days and they have offered the 35 days and more. He stated they need to choose an interim attorney to fill in until they can pick another firm ~d he believes it should be Alan Jensen. He stated Mr. Jensen understands our City, grew up here, and was a Commissioner here. Commissioner Hill stated he understands the depth of knowledge Alan Jensen had in the past but there is absolutely no way he can represent him. He stated he was in a position where for the best situation to move forward he had to vote to terminate him and he can't represent him for that reason. He stated, aside from that, two times in his professional career Mr. Jensen wrongfully terminated him, personally, in his employment. He stated to ask to have him represent him in any way and this Board would be ludicrous. He asked if another attorney from Mr. Komando's firm could represent us in the interim. Mayor Reeves stated based on his comments with Senator Bradley and Mr. Komando he believes they need to move forward. He stated he is surprised that Commissioner Hill would bring his personal issues up tonight. Commissioner Hill stated they are not personal, they are professional. Mayor Reeves stated he believes the consensus tonight should be who do they approach. He stated since the letter went out this morning he did have a meeting with Alan Jensen and reached out to him and asked him if he would consider coming back for a term until they have the time to go through the process. Commissioner Hill stated Mayor Reeves overreached again and he is filing an official protest. Mayor Reeves stated he has the floor and asked Commissioner Hill to have the respect for any Commissioner who has the floor. Mayor Reeves stated he did not work a deal, he asked the question if he even wanted to consider doing that for the City. He stated it keeps being pointed out that he is acting on the Commission; he stated he is not. He stated each of them can go out and talk to somebody. Commissioner Stinson stated in the next 35 days they have two more Commission meetings and suggested that each Commissioner come to the next meetings with a name for an interim. January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 Page 15 Commissioner Hill stated it is going to be a long two years if they don't get this right. He stated this group has to find a way to get back to the trust issue. He stated Mayor Reeves is a mayor/commissioner; which is the part that has to get right. He stated he should not be offering an opportunity to enter into an agreement · with the City with anybody in a non-public way; it is a complete overreach. He stated he would never do it. He stated the Mayor may be within his rights legally, but he is not going to gain the trust of this Board if that is the way he is going to try to govern from that seat. He stated he understands and if he had been in that seat when he started, he might have thought he had way more control and power than he did because he was excited with the new position and wanted to fix everything. He stated he knows that is what the Mayor wants to do; he doesn't question his reasoning, but he cannot believe he would come to the conclusion that putting things back the way they were would be a path forward. He stated that is stunning to him. He stated there are 4,300 attorneys and lots of people who can do the job professionally. He stated it is a political blunder that he will have to deal with because, he believes, it is going to start a fuestorm like nothing he has ever seen. He stated the Mayor's actions are costing the taxpayers additional money for no necessary reason. He stated they could have easily done this as a group and made a change in the City Attorney position to meet his needs. He stated the history of Atlantic Beach changes from this point forward no matter what happens and it can't be done with the good ole boy backroom system. He stated even the perception of it causes queasiness in most of the people in the audience. Commissioner Waters stated she is not afraid of sounding like a broken record so she is going to say again, there were many promises made during this campaign to move forward, to heal, to be a unifying force and have new faces on this Commission and to be the new and next generation of politics in Atlantic Beach. She stated that is not what has happened this week and it is not what is happening at this meeting. She stated when the citizens of Atlantic Beach voted for new and fresh faces, she doesn't believe they anticipated the appearance of impropriety because the appearance is actually as important as impropriety. She stated it is actually fairly easy to hide impropriety but it is incumbent upon the Commission not to do that and it is also incumbent upon them to not give the appearance of impropriety. She stated she understands that their conversations with City Staff are privileged, however, there is a question of trust and overreach and the repeated refusal to answer a direct question about whether or not the Mayor asked for the firm's resignation. She stated it gives the appearance of inappropriate behavior. She stated that is compounded by a very flagrant disregard to make an effort to be unifying in the face of several years of strife in the City. She stated she, unlike Commissioner Hill, has no professional, personal or otherwise thoughts on Mr. Jensen as an attorney. She stated having watched this arena for 20+ years there is no suggestion that could be more divisive than the one Mayor Reeves made. She urged all of the Commission to consider the importance of harmony moving forward, honest and trust going forward. They need to do the City's business and it is time to leave the past behind. Commissioner Harding stated he believes the decision to find an interim city attorney doesn't need to be made tonight. He stated there needs to be some thought put into it. He stated he believes they should wait until one of the next meetings and believes they can make a harmonious, educated decision. He stated he is not prepared to make a decision tonight. Mayor Reeves clarified that he is reaching out to fmd out what their options are. He stated prior to any of this discussion coming up he had been approached by three different law firms. He stated he is not representing the City; he is one vote but he believes each of them have the right to go out and suggest somebody. He stated he wants a consensus for what they should do. Mr. Komando stated the City is not without a lawyer; they are here on the interim for as long as they need during the transition. He stated whoever comes in will need information about where they are at this point which they will get from the City Manager and himself and they are here to assist in that. January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 Page 16 It was the consensus to direct the City Manager to direct Human Resources to write a set of qualifications and get them to the Commission for review and then start the process. 3. Unfmished Business from Previous Meetings A. Public Hearing-Request for Use-By-Exception (15-UBEX-1069) to permit establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, etc. within the Light Industrial and Warehousing (LIW) Zoning District at 325 Mealy Drive. City Clerk Bartle read the Use-by-Exception by title. Staff Planner Derek Reeves explained the Use-by-Exception, showing slides of the site detail, the proposed business and the Community Development Board Recommendations, stating the Community Development Board heard this item and voted 6-0 with two conditions: (1) The repair of vehicles occurs only within the building; and (2) No vehicles be parked or stored on the adjacent right-of-way. He stated the applicant, Christopher Calkins, was in the audience. Mayor Reeves opened the Public Hearing. Chris Calkins, owner of A+ Towing and Automotive, showed a sample of the mats he will be using to prevent spillage. He stated he is starting to phase away from the automotive towing. No one else from the audience spoke so Mayor Reeves closed the Public Hearing. Motion: Approve the Use-By-Exception 15-UBEX-1069 with conditions that (1) The repair of vehicles occurs only within the building; and (2) No vehicles be parked or stored on the adjacent right-of-way. Moved by Hill, Seconded by Harding Discussion ensued. Mr. Reeves and Mr. Calkins answered questions from the Commission. Commissioner Stinson stated he would like to add a restriction regarding the number of days towed vehicles could remain on the property and also add that if the business is cited by our Code Enforcement Officer for any reason that the permit expires. Further discussion ensued. Mr. Calkins answered additional questions from the Commission. Commissioner Waters stated she wanted to add that they close the bay doors and cease noise from the shop at 10:00 pm and not start before 7:30am. A slide was shown of the current location Mr. Calkins has in Jacksonville on Mayport Road. Discussion ensued. Mayor Reeves asked that the applicant limit the towed vehicles to 25 cars. Discussion ensued regarding the number of days a car can remain on the property. Motion: Approve with the added conditions that the number of towed vehicles stored on the site will not exceed 25 at any time; the amount of time the vehicles may be stored on the site is no longer than 90 January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 Page 17 days; no power tools will be operated between 10:00 p.m. and 8:00 a.m.; the spill plan will be submitted to Public Worl{S and should they be cited by Code Enforcement, the permit expires. Moved by Waters, Seconded by Stinson Commissioner Hill asked if we have a mechanism to facilitate the removal of a permit based on a condition. Mr. Komando stated it wouldn't be the removal of a permit but what happens is anybody has the opportunity to be afforded due process if they go through the Code Enforcement process. Roll Call Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED B. Appointment of Members to the CRA Technical Advisory Committee. Mr. Hubsch stated the Commissioners made their recommendations at the last meeting with the exception of Commissioner Hill. He asked if anyone had changed. Mayor Reeves stated he did not give his names either. Mr. Hubsch stated the Commissioners could let their nominations know that his office will be sending an email out to schedule the first meeting. He asked that the Commission send their nominees emails and phone numbers to him. The City Clerk read the nominations for the TAC as follows: Commissioner Waters: Wanda Martin and Brian Burke Commissioner Harding: Michael Townsend and Attillio Cerqueira Commissioner Stinson: Richard Parkes and Dara Gourley Commissioner Hill: BriaJ?. Christiansen, Ted Jackrel Mayor Reeves: Mike Whalen and Mike Bomo Motion: Accept the nominees as read by the City Clerk and establish the Mayport CRA Technical Advisory Committee. Moved by Waters, Seconded by Stinson Commissioner Hill asked to change the name to Mayport Corridor Advisory Committee because the committee may not lead to a CRA and they may need to use the committee. Mayor Reeves asked if Commissioner Waters accepted the amendment to change the name. She stated she did. January 11, 2016 REGULAR COMMISSION MEETING Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED AGENDA ITEM #lA JANUARY 25, 2016 Page 18 Mayor Reeves clarified this does not guarantee that they are going to do the CRA, it will just give them some guidelines to . help them move. He stated they are in a contract that was committed by the previous Commission for around $92,000 to do this study but there is a stopping point in it. He stated they charge the City as we go so if they decide they really don't want it they can stop it and save some money. Commissioner Stinson requested a recess. Mayor Reeves recessed the meeting at 11 :41 p.m. The meeting was reconvened at 11:45. C. Authorization to Purchase the Bennett Property and Propose Funding for the Development Option Selected. Mr. VanLiere reported that John November has prepared the paperwork for the closing on the property. He stated there was one item on the HUD document that changed that added $95.00 for a lien search fee, so the new amount is $200,570.39. He stated the other item is to discuss what they want the City to do with the house after they purchase it and if they want to discuss funding it. Motion: Approve the purchase the Bennett Property with the condition that they wait 90 days to determine what they do with the structure that sits on the property but leave the option open to separate that into a parcel and auction it off to recoup a percentage. Moved by Hill, Seconded by Waters Mayor Reeves asked to add to the motion that if at any point they know they are going to sell part of the property that they make sure there is no conflict with the $32,000 grant and if there is don't go for the grant. Mr. Van Liere stated they have already applied for the grant; they are waiting to hear if they get accepted. He stated he spoke to Mr. Langton and he said it would not be advisable to accept the grant if they plan to sell the property. Mr. Komando stated if they are awarded the grant there is the opportunity to accept the grant. Discussion ensued. Commissioner Hill stated his motion wasn't contingent on the grant and he doesn't want it to stay contingent on it because they recoup enough of the cost out of it through the sale. Mr. Komando stated it sounds like he wants the grant consideration to be outside of his motion. He stated he believes through the conversation they just had that there is enough direction to the City Manager that he understands what that is. Commissioner Harding asked if the motion is specific to Option 4. Commissioner Hill stated the 90 days was a time stated to develop a plan and let staff figure out which option is best. He stated it is to push that discussion down the road. He stated by doing this they are acquiring it not as a piece of parkland so they aren't restricted by what they can do with that second half. He stated he doesn't want to make it a park out of the gate. Mr. Van Liere stated his understanding is that it will be a park when they make it a park when Mr. Hubsch changes the zoning to make it a park. He stated when they buy it, it's not a park yet. Discussion ensued. Mr. November answered questions from the Commission. January 11, 2016 REGULAR COMMISSION MEETING Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mayor Reeves stated they now need to vote on the second part. Discussion ensued. AGENDA ITEM# lA JANUARY 25, 2016 Page 19 Motion: Direct staff at such time as they take possession of the property to make it safe and inaccessible to reduce liability but without removing the structure. Moved by Hill, Seconded by Waters Discussion ensued. Commissioner Hill withdrew his motion. Motion: Go with staff's recommendation of Option 1 to raze house and restore it to green space. Moved by Harding, Seconded by Waters · Discussion ensued. Mr. November answered questions from the Commission. Votes: Aye: 4 -Harding, Stinson, Waters, Reeves Nay: 1-Hill MOTION CARRIED D. Appoint Commissioner to Chair the Board Member Review Committee. Motion: Appoint Commissioner John Stinson to serve as the Chair of the Board Member Review Committee for the term ending December 1, 2016. Moved by Reeves, Seconded by Waters Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATIERS 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 Public Works Projects Status Report as of January 1, 2016, the Recreation Programs and Special Events Report for November 2015 and the Building Department Monthly Activity Report for November 2015. B. Approve the award of Bid No. 1516-04 -Utility Contractor, Annual Service Contract to Limbaugh Electric and B&G Refrigeration. · January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 Page20 C. Approve the 9-1-1 Interlocal Agreement (Amendment Number One) between the City of Atlantic Beach and the City of Jacksonville for the Distribution of 9-1-1 funds for Call Taker salaries and authorize the Mayor and City Manager to sign the agreement. D Award a Purchase Order to Tom's Asphalt Repairs, Inc. under the terms of Bid 1516-07. E. Approve the award of a Purchase Order for Chlorine Supply to Allied Universal Corporation under the terms of their bid received on 12/16/15 (Bid 1516-06). F. Award the base bid amount of $94,606.05 with a reduced contingency amount of $5,393.95 to Grimes Utilities, Inc. for a total of $100,000 for Bid No. 1516-05 for Water Service Replacements on Nautical Blvd. S., Buoy Lane and Helmsman Lane (Seaspray). Commissioner Stinson pulled Item F. Motion: Approve Consent Agenda Items A-E as written. Moved by Waters, Seconded by Stinson Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nayi 0 MOTION CARRIED Commissioner Stinson stated in the bid there was a comment that if bidders chose not to bid would they give detail as to why and he was curious if they got any responses back. Public Works Director Doug Layton stated no. Commissioner Hill asked Mr. Layton to explain the project. Mr. Layton explained they have had a lot of trouble in this area with the water services and they have been continually repairing them. The material used did not last very well. He stated it seems economical to make the repair. Motion: Approve Consent Agenda Item F. Moved by Waters, Seconded by Harding Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No.l6-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING. THE JACKSONVILLE TRANSPORTATION AUTHORITY AND THE CITY OF JACKSONVILLE'S $1.5 MILLION APPROPRIATION REQUEST TO THE STATE OF FLORIDA FOR THE ST. JOHNS RNER FERRY IN 2016. City Clerk Bartle read the Resolution by title. Motion: Approve Resolution No.16-0l as read. Moved by Stinson, Seconded by Hill January 11,2016 REGULAR COMMISSION MEETING Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 7. Action on Ordinances A. Ordinance No.12-16-5, Public Hearing and First Reading AGENDA ITEM #lA JANUARY 25, 2016 Page 21 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA CHANGING THE TERRITORIAL LIMITS OF THE CITY OF ATLANTIC BEACH THROUGH THE VOLUNTARY ANNEXATION OF APPROXIMATELY 135 ACRES OF REAL PROPERTY KNOWN AS A PORTION OF THE ATLANTIC BEACH COUNTRY CLUB WIITCH IS CONTIGUOUS TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Mayor Reeves opened the Public Hearing. No one in the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No.12-16-5 as read. Moved by Stinson, Seconded by Harding Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED B. Ordinance No. 31-16-11, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING THE TEXT OF THE 2010-2020 COMPREHENSIVE PLAN; DESIGNATING ANNEXED PROPERTY WITH FUTURE LAND USE MAP DESIGNATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING DIRECTIONS FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Mayor Reeves opened the Public Hearing. No one in the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 31-16-11 as read. Moved by Harding, Seconded by Waters Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED C. Ordinance No. 90-16-224, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, DESIGNATING ANNEXED PROPERTY WITH ZONING OF A SPECIAL PLANNED AREA (SPA) AS PERMITTED BY THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; January 11, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA JANUARY 25, 2016 Page22 PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE AND RECORDING. City Clerk Bartle read the Ordinance by title only. Mayor Reeves opened the Public Hearing. No one in the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 90-16-224 as read. Moved by Waters, Seconded by Harding Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Process of contracts. Commissioner Stinson stated it concerns him that when we have bid requests we are only getting a limited number of bids back. He would like to sit down with other Commissioners to understand the process we go through to see if they can improve and get better response to our bid requests. He asked the Commission if he should do that on his own or have a workshop with the other Commissioners. Commissioner Hill stated he believes it would be a good idea to have a noticed training session for all of them and asked if the City Manager could arrange an informational training session sometime in the near future. Commissioner Harding agreed. Mr. VanLiere stated he believes a half hour would be long enough and it could be done during a Commission meeting or before a meeting as a workshop. Commissioner Hill stated his personal preference would be to do it before a Commission meeting. Mayor Reeves asked if they should consider, when they enter into a contract for the City Manager, City Clerk and City Attorney, an open-ended contract for three years and then you just renew the contract. Commissioner Hill stated there has to be the promise of the potential for longevity or you will never stabilize your workforce. He stated he believes stability has a real dollar value. Commissioner Stinson agreed that longevity has a real purpose. He stated, however, his sole purpose for putting this item on the agenda was that we have not been getting a lot of responses to our bids. B. Inclusion of presentation materials in agenda packet. Commissioner Stinson stated he would like to see presentation materials before the Commission meetings, rather than just seeing them on the screen. Mr. VanLiere asked if he was mainly talking about the power point presentations, stating he has spoken with Mr. Hubsch about that. Mr. Hubsch explained there are times when they are still working on things before the meeting but they could do an amended agenda. Commissioner Stinson stated that isn't what he is asking for, but he would not mind seeing a draft. He stated he isn't asking for anything final, just something so he can be familiar with what they are going to be talking about. Discussion ensued. Mr. Van Liere stated everything is available upon request and if they look at the agenda packet and want more, just ask and they will get them more information. C. Report on meeting with Cloister. This item was taken out of sequence and acted on earlier in the meeting. January 11, 2016 REGULAR COMMISSION MEETING D. Atlantic Beach Tree Canopy. Mayor Reeves pulled this item from the agenda, stating he will postpone it. 9. City Manager A. City Manager's Report. • 90-Day Calendar (December 2015 through February 2016) AGENDA ITEM #lA JANUARY 25, 2016 Page23 Mr. VanLiere reported there is a holiday coming up. He stated the photographer who took the group pictures is available again on February 22 prior to the Commission meeting. February 22 was agreed to by the Commissioners at 6:00p.m. Mr. VanLiere reported they received a grant for driver's license scanners. He also stated thy new phone system has been fully implemented now. He stated our marquee sign fell down from the storm the other day but has been put back up. Mr. Van Liere stated he is sorry to see Mr. Komando go and he will be missed. He stated he appreciates all of his help. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle • Stated it will take longer to do the minutes, since the meeting has been so long, so the agenda packet will probably be sent out on Friday instead of Thursday. • Stated she enjoyed working with Mr. Komando and hates to see him go. Commissioner Stinson • Apologized that he was unable to bring to resolution the Cloister matter. • Has a question about a job posting and how it relates to one of our ordinances and would like to meet with City staff to discuss. He stated he wanted to let the Commission know, in an effort to rebuild trust amongst this team. • Thanked Mr. Komando for everything and wished him the best. Commissioner Hill • Thanked Commissioner Stinson for taking on the monumental task of trying to get everybody together on the Cloister issue. He stated he did not want to leave anyone with the impression that he thought in any way that the territory was different and that was intentional. He stated he genuinely thought that was Commissioner Stinson territory also. He stated he does look forward to engaging in the process as it moves forward, but believes a really good captain is driving that boat so he is not asking to jump in and take it as long as the Mayor is okay with Commissioner Stinson continuing as the liaison. He stated he will be available in any way he needs him. • Thanked the City Attorney for his graciousness and the way he handled himself while he was here. • Stated he looks forward to moving forward and working through all of this. Commissioner Harding • Congratulated Chief Deal, his officers and the other agencies for the proclamation tonight. • Stated the way Commissioner Stinson handled the meeting and his proposal says a lot about his abilities and him as a person and he appreciates that. AGENDA ITEM #lA JANUARY 25, 2016 January 11, 2016 REGULAR COMMISSION MEETING Page24 • Stated he appreciates Mr. Komando being here and helping him get started in his political career and he will be missed. Commissioner Waters • Thank Mr. Komando and his firm for all the services they~have provided. • Thanked Commissioner Stinson, stating there is no need for apology. She stated everyone who talked to her could not say enough good words about how well he handled every citizen and how well he listened and encouraged them to listen to one another. She stated in listening to one another she hopes they find a solution that does not involve litigation. • Stated to Mayor Reeves, the trust is not there right now. She stated she believes in the process as they choose new counsel, it can be rebuilt and she cannot say enough that it is time to move forward and she looks forward to doing that. Mayor Reeves • Apologized for being strict on the rules tonight. • Tonight was stressful; he appreciates everyone's comments and will take them to heart. • Attended Beaches Watch representing the City. Stated on January 16, he will be at 3rd St. and Atlantic Blvd for Martin Luther King Day at 8:00a.m. and everyone is invited. • Reported the FLC dinner is January 21. Encouraged the Commissioners to attend those. • Attended the Jacksonville City Financial Committee to help extend the Better Jacksonville Plan to help with the pension plan. • Stated he will attend Governor Scott's Leadership Dinner in Tallahassee. • Thanked Mr. Komando, stating he was a true gentleman and he has enjoyed talking with him. • Invited Commissioners to the Atlantic Beach Country Club for the signing of the annexation on January 26 at 9:00 a.m. • Asked the City Manager to report on the changing of addresses for the other areas of Jacksonville. Mr. VanLiere stated that is a process that the Post Office goes through periodically so the timeframe they are looking at is February/March for them to review their request. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 12:54 pm. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presidmg Officer