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Item 1A - 1-25-16 MinutesMINUTES REGULAR CITY COMMISSION MEETING January 25, 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 L. Bartle Recording Secretary Nancy E. Bailey AGENDA ITEM #lA FEBRUARY 8, 2016 Commissioner Stinson gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:30p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of January 11, 2016. B. Approve the minutes ofthe Town Hall Meeting of January 9, 2016. Mayor Reeves asked if there were any corrections to the above minutes. Commissioner Stinson stated (in the minutes of January 11) on Pg 3, 8C, the report on the meeting with Cloister, line 5, should state as a one-way street, westbound from Beach Ave. to .... There were no other corrections, so Mayor Reeves stated the minutes will stand as corrected. Mayor Reeves stated he would like to move Item 8D up after Courtesy of the Floor to before 3A. It was the consensus of the Commission to move Item 8D up. 2. Courtesy of Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. He explained the process for public comments. Alison Brown, 10 lOth St. #64, president of Cloister Condominium Board, thanked the Commission for their time and energy put in to discuss the flow of traffic around the area of the Cloister. She spoke in support of Commissioner Stinson's proposal with the exception ofthe one item related to their south gate and would like to see the Commission direct the City Manager to move forward with further study or implementation on those items. She stated they do not agree with the recommendation related to using their gate as an entrance. She stated their original Cloister construction plan signed by the State of Florida Hotel and Restaurant Division dated June 1973 and by the City of Atlantic Beach on July 23, 1973 did not show any traffic control devices or gate at the south driveway access to the public road. She stated when the Cloister opened in the 70s there was no gate or any traffic control devices at the south driveway. It was wide open for both Cloister incoming and outgoing traffic. She stated since that time every decision over the usage of the south driveway has been made exclusively by the Cloister. She stated they have asked the City in a public records request to produce any ordinance, PUD or legally binding recorded restrictions on the Cloister's use of their south January 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #IA FEBRUARY 8, 2016 Page2 driveway access to a public road. She stated without those documents they would ask on what authority they are attempting to take away their access rights, specifically restricting the Cloister's 40+ year exclusive usage of the south driveway. She stated until that question is answered, they are asking that the City take no further action on this one item in Commissioner Stinson's proposal. Harry Ulrich, 151 Club Drive, spoke against opening the Cloister gate, asking how much longer is the City going to suspend enforcement of the Code and traffic violations at 885 Beach A venue and how much longer is the City government going to tolerate the Cloister's defiance and challenge to their authority. Robert Hines, 880 Beach Ave., thanked the Commission for their service. Spoke against opening the Cloister gate, referring to a handout on the history of the gate he had emailed and also given to the Commission at the Town Hall Meeting on Saturday. Mayor Reeves stated he wanted to make sure that the information Mr. Hines referred to was given to the City Clerk so it is on file for public record. Susanne Barker, 1938 Beachside Court, regarding the Gate station, she stated she believes her group has been heard by the Commission and many from this group of citizens opposed to the Gate station have been meeting with the Commissioners. She stated at this time they don't believe they need to have a meeting under the umbrella of the City of Atlantic Beach; they have been heard by the Commission and they know where they stand on that. She stated what they would like is to be able to meet at Adele Grage and, although the Commissioners would be free to come, it would not be under the City's umbrella but would be their neighbors meeting together and discussing what their feelings are concerning the permitting of the Gate Station. She stated they would like to ask for the use of Adele Grage, as the Tree Canopy group did, and it would be open to Commissioners at any time. Joanne Waits, 145 8th Street, stated she hopes they will find a solution for the Cloister so their exiting and entering their property will be better. She asked the Commission, please don't solve their problems by passing them on to others. Courtney Fernandez, 890 Beach Ave., spoke against opening the Cloister gate. Chris Jorgensen, 92 W. 3rd St., addressed Tideviews Park, thanking Mr. Bennett Sr. who wanted his property to become part of the City park and John November for getting this done. He also addressed Club Drive issues. He thanked City Attorney Rich Komando. Saswata Roy, 90 Ocean Blvd., asked that the Commission uphold the process related to the opening of the Cloister gate. He stated creating a compromise is disrespectful to the process. He urged the Commission to look at the rules and give them some direction for the proper way for them to do this. Lorelle Weil, 10 lOth St. #52, spoke in favor of the Cloister gate. She stated they have been asking for a PUD, regulations, restrictions or anything written down to show that the City has the authority to tell them what to do and nothing has come up. She stated there was never a gate, so if they find the PUD, how could there be any restriction when there wasn't a gate or a fence. She stated she distributed a petition stating "We support the Cloister's efforts to improve the safety of the 1Oth St. beach access by opening their south gate," and got over 300 signatures, which she distributed to the City Clerk for the Commission. She stated if you are going to follow the law, then follow it; that is what you were sworn to do. She stated it really saddens her that they have been harassing, bullying and threatening them and it is just not right; they are here to protect all of the citizens and she wishes they would. January25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 8, 2016 ... Page3 Theodore Martin, 4097 Alesbury Dr., Jacksonville, stated he owns property at 1980 Francis Ave. and received a notice about some rezoning at the north end of Francis and Dutton Road. He asked if anyone knows what the rezoning is about. Mayor Reeves explained it will not affect his property; it is regarding the country club where the houses are going up and an ordinance to bring them into the city limits of Atlantic Beach. He stated they are just required by law to notify anyone within 300 feet. City Clerk Bartle read the names of the citizens who did not want to speak but put in a speaker form, as follows: Louise Rady -keep the south gate closed as the prior elected officials have done. Nicole Limbaugh -close the south gate. Patricia Pitts -close the gate Mary Ulrich -close the gate Charles Pitts-close the gate Sally Vermillion-close the gate Charles Vermillion -close the gate Edward Toney-close the gate Joan Toney-close the gate No name-close the gate Sally Clemens-invited everyone to Wednesday, February 3, meeting of Beaches Watch at 7:00p.m. in the Library; Councilman Gulliford will speak on beaches concerns. 3. Unfinished Business from Previous Meetings Item 8D was taken out of sequence and acted on at this time. Human Resources Director Cathy Berry explained she drafted a Request for Proposal to get a new attorney/law firm for the City. She stated there was an error in the RFP and "prosecuting attorney" under Scope of Services, Item 1 0 has been amended to reflect the change. She stated, as listed in the staff report, they will have two Special Called meetings. Ms. Berry answered questions from the Commission. Mayor Reeves stated they need consensus on whether the dates for the Special Called meetings are okay and if they want any changes to the RFP. Discussion ensued. Ms. Berry answered further questions from the Commission. Ms. Berry stated her concern is that with the discussion that has been held so far about a potential interim attorney, people are not wanting to spend the time and effort to respond because they feel like it is already done. Mayor Reeves stated he wanted to go public tonight to make sure they straighten that out. He stated it is not a done deal on his part and he does not believe it is a done deal with any other Commissioner. He stated they want many people to apply for this job. He stated no one has been chosen. Further discussion ensued. Mr. Komando stated, under the current timeline, his firm made a commitment to assist the City during the transition and will be here through March 7. Mayor Reeves stated this RFP is different from the last one in that they changed the insurance liability so a small firm could be available. Ms. Berry stated it is pretty much the same RFP but they did make some changes and looked closely at the insurance requirements and decided to eliminate the superfluous insurance requirements. She stated she feels comfortable that this will still serve the City well. She further stated they January 25.}016. REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 8, 2016 . Page4 had a requirement last time that, the proposal "will" include references from three municipalities that they serve now/or have served, and they have changed that to "may". Mr. Berry stated they will invite everyone who submits a compliant proposal to make a short 15-minute presentation at the first meeting; then the Commission will rank them that night. She will then invite the top two or three back to make lengthy presentations at the next meeting and they will then pick their top choice and they will prepare a contract for them. Commissioner Waters stated she is out of the country from the February 27 to March 7. After further discussion, it was the consensus to change the meetings to February 25 at 6:00pm and March 8 at 6:00pm and Ms. Berry stated she will put the dates in the RFP so the candidates will know they have to be prepared to make a presentation on the next night. Mayor Reeves asked if everyone was comfortable with the RFP. It was the consensus of the Commission that they were. A. Interim City Attorney. Commissioner Waters stated, following the discussion above, her concerns have been answered and she does not believe there is anything else that needs to be discussed on this item. Mayor Reeves stated when he mentioned Alan Jensen's name, he mentioned it only because his concerns were that they did not know that our law firm would stay for a longer time. He stated his concerns were not a political thing, but a concern for the City related to who could come in on a very short notice and fill the position. He stated if it gave the impression that he was suggesting that Alan Jensen should be the full time attorney, that is not the truth. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for November 2015. Motion: Approve Consent Agenda Item A as written. Moved by Waters, Seconded by Harding Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports A. Appointment to the Board Member Review Committee. Mayor Reeves explained they had one person who was interested in serving and he believes he will be a great person to serve. January 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 8, 2016 PageS Motion: Appoint Mike Paschall to serve on the Board Member Review Committee for a 2-year term beginning January 26, 2016 and ending January 25, 2018. ' Moved by Stinson, Seconded by Harding Votes: Aye: 4-Harding, Stinson, Waters, Reeves Nay: 1-Hill MOTION CARRIED 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 12-16-5, Public Hearing and Final Reading 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 WHICH 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 Waters, Seconded by Hill Roll Call Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED B. Ordinance No. 31-16-11, Public Hearing and Final 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 Stinson Roll Call Votes: Aye: 5-Hill, Stinson, Waters, Harding, Reeves Nay: 0 MOTION CARRIED January 25,2016 REGULAR COMMISSION MEETING C. Ordinance No. 90-16-224, Public Hearing and Final Reading AGENDA ITEM #lA FEBRUARY 8, 2016 Page6 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; 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 Roll Call Votes: Aye: 5-Stinson, Waters, Harding, Hill, Reeves Nay: 0 MOTION CARRIED D. ORDINANCE NO. 40-15-22, Introduction and First Reading AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCIDSE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF ATLANTIC BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WIDCH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. City Clerk Bartle read the Ordinance by title only. Motion: Approve Ordinance No. 40-15-22 as read. Moved by Hill, Seconded by Harding Commissioner Hill stated he believes if they are going to give them the right to use the utilities they should require them to be the emergency response entity. Mayor Reeves stated the original contract 15 years ago was 6% and the current contract is 6%; his concern is they have let 15 years go by and they are sticking at 6%. He asked the City Manager what the normal rate is from the other cities surrounding us. City Manager Van Liere stated this is the typical percentage they use and is passed through to the residents on the utility bills. He stated he is not aware of what Jacksonville Beach's is right now, but knows this has been typically the rate in the surrounding area. He stated this is about $10,000/year to the general fund. Mayor Reeves suggested that they defer this because he would like to know what the cap is. Discussion ensued about deferring. Mr. VanLiere stated they could pass this for the first reading, review it, then decide whether to pass the fmal reading. City Clerk Bartle asked if they are suggesting that the ordinance will actually change after the first reading. Mr. Komando stated depending whether they have a substantial and material change to the ordinance, it may have to go back to a first reading. Discussion ensued. Roll Call Votes: Aye: 5-Waters, Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED January 25, 2016 REGULAR COMMISSION MEETING E. ORDINANCE NO. 20-16-136, Introduction and First Reading AGENDA ITEM #lA FEBRUARY 8, 2016 Page 7 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING FUNDS ASSOCIATED WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION E-CRASH IMPLEMENTATION GRANT, AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Motion: Approve Ordinance No. 20-16-136 as read. Moved by Waters, Seconded by Harding City Manager Van Liere explained this grant requires they set up a separate fund rather than running this through the General Fund, which is what this budget modification does. Chief Deal answered questions from the Commission. · Roll Call Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Seminole Road Drainage Improvements. Mayor Reeves stated this is not a discussion about the full project. He stated this is about adding on to the project that was approved by other Commissioners, which is around a $750,000 add-on at the end. City Manager Van Liere explained the project, stating the DOT suggested it and staff looked into realigning where Seminole Road meets Atlantic Blvd. to bend it toward the east to line it up with the road on the other side of Atlantic. He stated, in order to incorporate that into the entire project, they need to get direction from the Commission to see if they are interested in that before they go out to bid. He stated the estimate from the architects is about $758,000, with design being $53,000 and construction $655,000. He stated if they do not want to do this improvement, then the Seminole project is ready to go out to bid. Commissioner Hill stated he is not in favor, but would like this Commission to look really hard at this Seminole Road project as a whole. Mayor Reeves stated he agreed and believes they need one more public meeting on it to make sure the public understands it. He stated he was not in favor of the $758,000 project. Commissioner Waters stated she believes there is a misunderstanding that the sidewalk work that is being done is the driver behind the project, because the pipes underneath the sidewalk are the problem. She stated they have to replace the pipes because they know they are falling apart and they will become liable when it floods if they don't do something to service it. Discussion ensued. Commissioner Stinson stated he would like to dig up a part to see if the problem is the pipe. He stated he believes if they are having storm water pipe issues, they should be seeing it on the surface when it rains like it did during the flood event. Further discussion ensued. City Manager Van Liere stated he believes the prior Commission has a real interest in beautifying Seminole Road and putting an 8 ft. ped path was a big part of that. He stated when the project was looked at and they January 25,2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 8, 2016 PageS looked at the utilities that need to be replaced they saw an opportunity to joint fund all of the things they wanted to put into the project. He stated the engineer's estimate of $1.6 million is a big number but it does take care of a lot ofthings and desires they had for a long period oftime. He stated they don't have to do it; as Commissioner Stinson said they aren't opening sinkholes on Seminole Road yet and they can wait until that happens. He stated they have the design. He suggested they each sit down again with the designs and see what they don't like about it, get some of the questions answered about the numbers on repairs and dig up some of that pipe and look at it. He stated there is no reason to rush to this project; they don't have any pressing repairs at this time. It was the consensus to not make the $758,000 change at the Seminole Rd/Atlantic Beach intersection. The Commission also gave direction to the City Manager to put the project on hold and come back to the Commission with more data and get more feedback from one more public meeting. B. Application of Robert's Rules of Order. Commissioner Stinson stated he would like that they stick to the agenda because it is hard to have it changed on Friday and be prepared on Monday. He also stated he believes the maker of the motion needs to write the motions down. He stated at the last meeting even the Clerk could not repeat some of the motions they had at the last meeting. Discussion ensued. Commissioner Waters asked if Commissioner Stinson is requesting they not have amended agendas after a certain date. Commissioner Stinson further explained and asked that they all agree to a timetable that after a certain date they will not change the agenda unless they are all in agreement. City Manager Van Liere explained why the schedule was set up and why there are amendments. Discussion ensued. Answering Commissioner Waters' question about a date for amendments, Commissioner Stinson stated he believes if they are going to change the agenda it should be no later than the Wednesday prior to the meeting, which would give him time to address things during the week. Further discussion ensued. Mr. Komando stated it is advisable, if they are adding things at the last minute, that they don't take action on it because they don't want to be accused of intentionally trying to exclude the public from having an opportunity to come out and be heard. It was the consensus of the Commission to continue with the Friday schedule but make Wednesday by 5:00 pm the latest date for publishing the amended agenda. C. Cloister South Gate Discussion. Commissioner Stinson explained the information that came out of the forum regarding the Gate Petroleum proposal. Discussion about the use of Adele Grage for various groups ensued. He further explained the discussion about the Cloister south gate, including separating little Plaza from the discussion; the Commission would stand behind the Community Development Board's ruling; direct City Manager and staff to address pedestrian safety issues on Club Dr., questions about little Plaza, lOth St. beach access and parking; and the impact of any change they might make to other areas. Commissioner Stinson further stated he believes the gate needs to be closed and they need to go back and start the process over. Commissioner Hill recommended they look at the City's most urgent needs, look at their primary function as a community government and address those issues specifically through a solution this Board believes is best right now based on the available information, which would include any defense of any historical document January 25,2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A FEBRUARY 8, 2016 Page 9 that may or may not override. Commissioner Hill suggested they open the gate on the south end for ingress only and leave the gate on the north end open for ingress and egress and address the specific safety concerns and parking. He also stated he has no problem with Club Drive becoming one-way. Commissioner Waters stated she believes Club Dr. should be one-way, have no parking on north side of 101h St. from Ocean to Beach. She stated she believes they need a traffic study by an impartial third part to determine ingress or egress. Commissioner Harding asked the City Attorney if the historical documents referenced, in the absence of a PUD, are enforceable in the event we take a stance and this does go into litigation. Mr. Komando stated that is exactly the question that would be litigated, whether they are enforceable and if the circumstantial evidence establishes that there is a PUD by which the City can enforce the restrictions. He stated it is more complicated than that; there are a number of different things that have happened historically and also through the 80s which complicate that question. He stated he would advise him to not ask him to give a mental impression on an issue that is likely to get the City sued. Commissioner Stinson stated he has not heard anything in the comments that is contrary to the proposal that he put in front of the group about 3 lf2 weeks ago that was voted on 20-6; but they picked it apart 2 weeks ago and chose not to move forward with. Commissioner Reeves stated they have seen a lot of data and research which opens his eyes a lot about it. He stated he is not sure whether there is a PUD and whether it has anything to do with opening or not opening the gate. He stated this was brought before the Community Development Board (CDB) and the last Commission tried to get neighbors to work it out. He stated from what he has seen, it is not going to happen. He repeated a comment that was said tonight by a citizen, "if you are going to follow the law, then do it". He stated the group from the Cloister went before the Community Development Board and the Board acted 6-0 and it then went before the Commission to vote on it. The Commission never voted on it. He stated there is a process in place that if a group doesn't like the decision of the CDB, within 30 days they can file an appeal and it then comes before the Commission. The Commission can either support the Board or go against the Board's recommendation. There is a second appeal that takes it to the court. He stated it would save a lot of time if it went through that process. He stated he does not understand why the HOA did not appeal that decision. He asked the Association to work with the Commission and they can allow this gate to be entering only for a period of time, during which the Association can go back and file with the CDB. Building and Zoning Director Jeremy Hubsch stated the rules state you cannot file something that is substantially the same within a year but they could change it before a year, or if it is the same request they would have to wait a year. He stated he believes the date was in February when the meeting was held, so they could get on the February or March agenda for the CDB with the same request they made last time. Mayor Reeves stated he believes they should direct the City Manager to enforce what the CDB ruled on, if the gate continues to be in violation. He stated then the City can take action through Code Enforcement. Discussion ensued. Mr. Komando explained when the Cloister originally came to the City it started with safety concerns and meetings with the former and current Police Chiefs and then went to the Community Development Board. He stated when the Community Development Board made their decision, it then came to the Commission and the Commission asked staff at that time to put together a community meeting. He stated at the October 12 meeting, he advised that the Cloister needed to file a formal application to amend the PUD and it needed to follow the correct standard City process. He stated the timelines that are being referred to really don't apply because they haven't followed the process that those timelines applied to. Mr. VanLiere clarified, in enforcing the Code, the presumption is that the PUD existed and they are not allowed to use the gate, so typically with Code Enforcement violations, they would notice them that they are in violation of a certain section of the Code and they would give them a certain number of days to comply and if they did comply everything is fme. He stated ifthey didn't comply they would be brought before the Code January 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY1l, 2016 Page 10 Enforcement Board and fined or assessed and then they go from there. He stated if the Commission wants him to enforce the gate being closed they will remove the Stop sign and put up a Do Not Exit/Do Not Enter sign facing the Cloister. He stated upon witnessing them leaving from the gate then they would notify them that they are in violation. He asked if that is what the Commission is suggesting. Mayor Reeves agreed, stating he should not do it any differently than they would do for any other citizen. Mr. VanLiere stated, unlike any other citizen, they have a homeowners association they have to talk to in order to get direction on what to do. D. Recruitment of City Attorney. This item was taken out of sequence and acted on earlier in the meeting. Mayor Reeves recessed the meeting at 9:28. He reconvened the meeting at 9:35. E. Aquatic Townhomes Site Proposal. City Manager Van Liere introduced William Norris of TriBridge Residential, stating he was here to present the Aquatic Townhomes Site proposal at the comer of the Aquatic Gardens area and Atlantic Blvd. Mr. Norris explained the project showing a slide of the site and a conceptual image for the proposed development. He stated their proposal would include improvements to the dog park, extending the retention pond and adding overflow parking for the dog park and the development on Aquatic. He further explained the site sits on an unregulated dump site and will require an extensive remediation, including removing all of the trees and foliage in order to access this layer of landfill. He stated they are currently trying to enroll this site into the Florida Brownfield Program. He stated they understand Atlantic Beach has a strict and meaningful tree ordinance and are prepared to replace the trees as required under that tree ordinance with species that fall underneath Atlantic Beach's preferred species list. He stated whatever they are not able to replant on their property, they will replant on the dog park with the City's permission or buy in to the City Tree Mitigation Fund. He requested that this proposal be placed on the Commission agenda on February 8 for their action and direction to City Staff. Mr. Norris answered questions from the Commission. Discussion ensued. It was consensus to move this item forward to the agenda for February 8 (for action). 9. City Manager A. City Manager's Report. • 90-Day Calendar (December 2015 through February 2016) Mr. Van Liere reported they will change the dates of the Special Called Meetings for the Attorney Selection to February 25 and March 8. He stated there is now an office in City Hall for the Commission to use. He stated he was a little bit confused by the two motions that were made at the last meeting regarding the Bennett property and asked if he needs to wait 90 days to raze the house. Discussion ensued and a motion was made to clarify. Motion: Direct the City Manager to take whatever action necessary to mitigate and remove the Bennett structure. Moved by Hill, Seconded by Stinson January 25, 2016 REGULAR COMMISSION MEETING Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED AGENDA ITEM #lA FEBRUARY 8, 2016 Page 11 Commissioner Stinson asked for clarification regarding the development at Aquatic and Atlantic as to whether the item was to come back for action or are they just directing the City Manager to negotiate the agreement. Mr. Van Liere stated at the next meeting they were going to give him the authority to negotiate a no cost to the City agreement where they do their improvements to the City's dog park and then have it turned over to the City. Mr. Komando stated it would get moved forward for action to the next meeting. Mr. Norris stated within the packet distributed tonight are what the parameters of the deal would be. Mr. Van Liere stated he would like to see all of those items in the form of a contract. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Reported on the feedback he has been getting from the west Atlantic Beach area since they voted to purchase the Bennett property, stating the majority of the citizens said it is a big improvement and a major asset for the City. Commissioner Waters • Reported on the new BEAM store is opening February 5 at 10:00 a.m. and they are accepting donations now. • Believes the initial reaction to the underbrush being cleared at Tideviews has settled down and they are appreciating it. Commissioner Hill • Stated he didn't speak correctly at the last Commission meeting that Alan Jensen terminated him; he meant to say he was the City Attorney during one of the wrongful terminations. • Asked if the kayak launch has recovered from its structural failure. Mr. Van Liere stated he has not gotten a report back on that but will find out. • Asked that they stop any additional brush removal and get some information on the environmental side. Mr. Van Liere stated it is his understanding that what they have done is pretty much what they had planned to take out and now is just a matter of cleaning up the grounds. Commissioner Stinson • Thanked the Commission, City Manager and the citizens for attending the Town Hall meeting on Saturday. • Would like to see a presentation to the Commission regarding plans for the Bennett property. • Asked the City Manager to reach out to the City Manager ofNeptune Beach so they could meet with Jim McCue in Aquatic Gardens regarding the drainage system on the Neptune Beach side. • Due to the annexation, voting precincts and how they are districted need to be addressed. • Wants to have quarterly mock emergency management drills for City staff to evaluate how well the emergency management plan in Atlantic Beach works. • The citizens are not a distraction to the Atlantic Beach officials' work, they are the reason for their work. He stated he believes it is important they understand that and respond to emails, phone calls, speak respectfully about citizens and treat them with the utmost respect at all times. January 25, 2016 REGULAR COMMISSION MEETING City Clerk Bartle AGENDA ITEM #lA FEBRUARY 8, 2016 Page 12 • Stated the Board Member Review Committee will meet this Thursday for the Cultural Arts and Recreation Advisory Committee membership review. She asked for permission to get the agenda out on Friday rather than Thursday so she can get the minutes prepared. Mayor Reeves • Thanked the Commissioners for attending the meeting Saturday. • Reported the City Manager, the Chief and he attended the Habitat opening. • Reported on the FLC dinner/meeting and encouraged the Commissioners to attend. • Stated he was elected to serve on the Board ofDirectors of the NEFLC. • Stated he has spoken to the City Manager also and they have contacted the Supervisor of Elections related to the annexation. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 10:37 pm. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer