Item 1A - 2-8-16 MinutesMINUTES
REGULAR CITY COMMISSION MEETING
February 8, 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
Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Call to Order:
AGENDA ITEM #lA
FEBRUARY 22.2016
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 25,2016.
Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor
Reeves stated the minutes will stand as submitted.
Mayor Reeves explained the process for public comments. He announced that Ordinances 40-15-22 and 20-
16-136 (Items 7A and 7B) are being pulled from tonight's agenda and will be put on the February 22 agenda
for Public Hearing and Final Reading. He stated if anyone wants to speak about those ordinances tonight,
they could do so during Courtesy of the Floor.
2. Courtesy of Floor to Visitors
A. National Weather Service presentation on the November 8, 2015 storms/flooding incident.
City Manager VanLiere introduced Al Sandrik, Warning Coordination Meteorologist from National Weather
Service Office in Jacksonville and Meteorologist Ben Nelson who gave a slide presentation on the Hopkins
Creek and Aquatic Drive flooding on November 8. Mr. Nelson explained the topography, elevation, and
drainage for the area. He also explained the weather patterns during this time period, stating moisture levels
were measured at 200% over normal. He answered questions from the Commission.
Mayor Reeves recognized former Mayor Wolfson who was in the audience. Mayor Reeves opened the
Courtesy of the Floor to Visitors.
Barry Adeeb, 501 Atlantic Blvd., addressed Mr. Lindorffs consulting report submitted to the City regarding
Beach Diner's property rights. He also read :fi:om the Community Development Board minutes of May 20,
1997 regarding his attendance at the meeting to request a variance to construct an addition to accommodate
additional seating. He stated the variance was unanimously granted by the CDB and also by the Commission.
February 8, 2016 REGULAR COMMISSION MEETING
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Don Wolfson, 1725 Beach Ave., stated in 1997 he chaired the Community Development Board and
confirmed that Mr. Adeeb came before the CD B. He stated the Board evaluated the request of the variance.
He stated what they did not consider was that this was an outparcel. He stated if it had been an outparcel they
would have used a different set of standards for what their required parking would have been. He stated it
was always part of the shopping center. He stated the Board approved unanimously the variance which is, by
law, transferrable and runs with the title, unless there has been a change to that ordinance. He stated he
believes this variance still runs with the title.
Cecil White, 109 Sylvan Drive, stated he understands that Gate Petroleum is in the business of selling fuel
and he finds no fault in that and even patronizes their stations from time to time. He stated, however, he also
assumes that the government of the City of Atlantic Beach is about protecting the interest of its citizens and
that the City also manages the interest of the City by strict observation of its laws, ordinances and codes and
that they apply to both individual and corporate interests. He stated Gate Petroleum received a green light for
the project in October 2014 with up to 14 fueling positions. He asked how this happened.
Betsy Cosgrove, 116 Poinsettia St., reported on the neighborhood meeting on the proposed use for the
parcel of land at 535 Atlantic Blvd., the Gate mega convenience store/gas station. She stated more than 60
people participated and shared their concerns. She thanked Commissioner John Stinson for being there,
stating he encouraged them to continue to ask the Commission to see that the permit application is referred to
the Community Development Board. She pointed out that the land use that Gate has applied for is not a
permitted use within Sec. 24-111 and asked, shouldn't their use be vetted as a variance. She stated variances
are to be reviewed by the Community Development Board.
Lorraine Smith, 112 Poinsettia St., read a neighborhood petition opposing the Gate Convenience Store,
stating they already have 1,000 signatures, after only two weeks. She stated she will give the City the
original petitions once they have collected more.
Glen Shuck, 104 Sylvan Dr., spoke in opposition to the Gate station. He stated to not seek guidance from
our local planning and zoning agency for the proper interpretation is irresponsible and potentially puts all
citizens at risk. He stated if the City does nothing and allows the permit to be issued without seeking the
guidance of the Community Development Board, then let the appeal process begin. He stated Atlantic Beach
citizens will be forced to aggressively defend their rights.
Peter Gibson, 815 Plaza, spoke in opposition to the development proposed next to the dog park and
encouraged the Commission to expand the dog park.
Susanne Barker, 1938 Beachside Court, reported on the neighborhood meeting on the Gate station and
stated she does not believe this is the proper place for the station. She asked that they send this to the
Community Development Board.
Lou Keith, 1845 Tierra Verde Drive, stated they need to have something done about the continual -
flickering problem with JEA. Stated Mayor Reeves asked him about starting a kids' tennis clinic at the park
and reported, after speaking with Recreation Director Timmy Johnson, he believes they can get it going about
mid-April. He stated he has a certified pro committed to Sunday at noon for one hour for all children in the
City to get free tennis lessons. He further stated he is in support of the new townhomes at Aquatic Gardens.
February 8, 2016 REGULAR COMMISSION MEETING
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Chris Jorgensen, 92 W. 3rd St., addressed the Board Member Review meeting when the lights went out.
Stated he is offended that the City does not have a backup generator. Addressed the Beaches Watch meeting.
Stated he opposes the CRA. Explained why he is in favor of the Gate station.
James McCue, 660 Aquatic Drive, addressed the flooding and distributed photos of the flooding to the
Commission, which he explained. He stated Neptune Beach is doing zero maintenance on that ditch. Stated
he would like to see some work done on the entire storm water system. He stated he would like them to
approach the new City Manager in Neptune Beach and show him these photos.
Jerry Redfield, 366 Seminole Rd., spoke in support of having the Community Development Board look at
the Gate proposal.
Mike Whalen, 1420 Mayport Rd., spoke in opposition to the development at Aquatic Drive and in support
of the small family businesses.
Drew Frick, 9540 San Jose Blvd., representing Gate Petroleum, addressed the private dispute between Mr.
Adeeb and Gate. He stated it is a private dispute as to what a landlord and a tenant provides and they have
tried hard to keep the City out of that dispute. He explained they have a declaratory judgment action pending
right now before a judge in a court of law to determine what that lease provides. He stated the fact that there
was a variance at some point in the history of this property does nothing to change that lease and does nothing
to change the legal arguments. He stated that variance was for setbacks and other issues; it was not specific
as to parking and it certainly can't go and have a public process in the city changing private rights between a
landlord and a tenant. He stated nothing in that variance established parking for either party. He asked the
City to follow their process and let that process play out. He stated there was some insinuation that things
may have been done under the table or there are some other forces here in this process. He stated Gate has
been nothing but above the board throughout this whole process, has provided all the information that has
been asked and has done that in an open and obvious way. He stated they are going to design and build a safe
store that will address all of these issues and look forward to continuing to work through the process and to
do the right thing as required by the City's code and are asking that they all do the same and allow the process
to play out.
Clair Gertz, 28 17th St., asked that the Commission take the Gate development to the Community
Development Board because she believes the permitted use and what is on the site plan do not jive.
Helen Bradley, 94 Oceanside Drive, spoke in opposition to the Gate station, stating she does not believe it is
appropriate for the area where it is being built. She stated she believes Gate will make quite a lot of sincere
enemies by doing this. She stated if this goes on she would never shop at one of their gas stations; they will
make a whole community of enemies.
Tom Foppiano, 377 4th Street, stated he was speaking on behalf of himself, his wife and his parents, who
live in Fleet Landing, and they are all in opposition to the Gate station. He stated they believe it should go
before the Community Development Board.
Susan Perry, 179 Pine St. spoke in opposition to the Gate gas station, stating she believes it should go before
the Community Development Board.
Mayor Reeves recessed the meeting at 8:12. He reconvened the meeting at 8:19.
February 8, 2016 REGULAR COMMISSION MEETING
City Clerk Bartle read names of those people who did not want to speak, as follows:
Liz Neville, 1060 Seminole Road -opposes the Gate station.
Peggy Neville, 372 Aquatic Drive-opposes the Gate station.
Nancy DeCandis, 515 Sturdivant St.-opposes the Gate station.
Mary Orser, 376 9th Street-refer the Gate application to CDB.
Mark Howard & Katrina Howard, 1970 Beach Ave. -send Gate Petroleum to CD B.
Diana Townsend, 266 Poinsettia St.,-Refer Gate to CDB.
Richard Moore, 3 7 6 Ninth Street-Refer Gate permit to CD B.
No one else from the audience spoke, so Mayor Reeves closed the Public Hearing.
3. Unfinished Business from Previous Meetings
A. Aquatic Townhomes Site Proposal.
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City Manager VanLiere introduced the developer, William Norris ofTriBridge Residential, 711 Beach Blvd.,
Jacksonville Beach, who gave a presentation, with slides, on the proposed development of an upscale 23-unit
apartment community. Mr. Nonis further explained the improvements they want to make to the City's dog
park and retention pond, including a sidewalk from Aquatic Drive and on-street parallel parking. He stated
the site sits on an unregulated dump site and will require an extensive remediation, including removing all of
the trees in order to access this layer of landfill. He stated they are cUITently trying to enroll this site into the
Florida Brownfield Program. He stated they are prepared to replace the trees as required under that tree
ordinance with species that fall underneath Atlantic Beach's prefened 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 stated this development would comply with all existing zoning
requirements and they are not seeking any variances for what they are proposing to build. He stated he is
asking the Commission to adopt the consent document in the agenda packet which will allow the Public
Works Department and other agencies within the City to work with them to make these improvements to the
retention pond. He answered questions from the Commission and addressed their concerns. Discussion
ensued.
Interim Public Works Director Kayle Moore also answered questions from the Commission. Mr. VanLiere
further explained the retention pond is connected to the one at the church and from there another pipe goes
into the ditch across the street, so it does have an exit when it gets full enough. Further discussion ensued and
Mr. Nonis answered additional questions. Mr. Norris stated they are asking for the Commission to approve
this moving forward with the oversight of City staff.
Mayor Reeves asked for a motion to authorize the City Manager to negotiate a contract with the developer,
TriBridge Residential, to utilize a portion of the Atlantic Beach Dog Park for the development of townhomes
at the comer of Atlantic Boulevard and Aquatic Drive.
Motion: Allow the City Manager and Public Works to work with the developer to negotiate a contract
for the utilization of the dog park as outlined in the attached proposal.
Moved by Harding, Seconded by Hill
Discussion ensued about the legalities of converting a City park. Mr. Koman do stated his understanding is
that they are expanding the park. Commissioner Hill stated he is afraid it is a violation and expressed concern
that if it is a problem and they get into a battle with the citizens about the Charter, they need counsel that will
February 8, 2016 REGULAR COMMISSION MEETING
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FEBRUARY 22, 2016
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have to defend that position and our current counsel is not long term enough for him to be comfortable with
that ruling tonight. Mr. Norris stated they have been meeting with the Public Works Department and
exploring what benefits there would be to the City with making these improvements to the park. Mayor
Reeves stated he supports moving forward with the City Manager proceeding. He stated he understands
Commissioner Hill's comments but it is the City Manager's job to research that and make sure he has the
right information from the City Attorney and believes they should move forward with the motion and allow
the City Manager to do his job.
Roll Call Votes:
Aye: 5-Hill, Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED
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 and the Recreation Programs and Special Events
Report for December 2015.
B. Authorize the City Manager to sign the Second Amendment to Radio Services Agreement
between the City of Atlantic Beach and the City of Jacksonville.
Motion: Approve Consent Agenda Items A and B as written.
Moved by Hill, Seconded by Harding
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
5. Committee Reports
A. Appointments to the Cultural Arts and Recreation Advisory Committee.
Commissioner Stinson stated the Board Member Review Committee met to fill the vacancies on the Cultural
Arts and Recreation Advisory Committee and they recommended appointing Julia Hite and Faye Wood to fill
the unexpired terms ending 7/8/2017.
Motion: Approve recommendation to appoint Julia Hite as a member of the Cultural Arts and
Recreation Advisory Committee for the unexpired terms ending 7/8/2017.
Moved by Stinson, seconded by Waters
February 8, 2016 REGULAR COMMISSION MEETING
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
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Motion: Approve recommendation to appoint Faye Wood as a member of the Cultural Arts and
Recreation Advisory Committee for the unexpired terms ending 7/8/2017.
Moved by Stinson, seconded by Waters
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 40-15-22, Public Hearing and Final Reading
AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA
ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL
GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF
ATLANTIC BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS
UNDER WHICH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING
. AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE.
This item was pulled and moved to the February 22, 2016 meeting.
B. ORDINANCE NO. 20-16-136, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING
SEPTEMBER 30, 2016 FOR APPROPRIATING FUNDS ASSOCIATED WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION E-CRASH IMPLEMENTATION GRANT, AND
PROVIDING AN EFFECTIVE DATE.
This item was pulled and moved to the February 22, 2016 meeting.
8. Miscellaneous Business (Discussion only)
None.
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (February 2016 through April2016).
Mr. VanLiere reported we received the recorded deed for the Bennett property and the purchase order for
demolition will be within a day or two.
February 8, 2016 REGULAR COMMISSION MEETING
He reminded everyone about the upcoming marathon this weekend.
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He stated he received complaints about little Plaza and it is in our code that there should be no parking. He
stated if there is no objection, he will have Public Works install the No Parking signs.
He stated the flooding on Nov 8 did a lot of damage to Howell Park and he wanted to report that it has been
repaired.
Stated the City has re-implemented the Employee of the Quarter program and Lisa Showman from Public
Works was chosen for this quarter.
Reported the RFP for City Attorney is out. Stated it is not getting much feedback.
Stated the CDBG contract for the Francis Avenue project has been signed and they should be able to start that
project.
Stated the City is working with our representative from JEA about the outages.
Reported the plans for Gate are about to be released back to Gate with our comments having been addressed.
He stated he plans to do that unless he is told otherwise. He stated staff has spent an inordinate amount of
time trying to come up with the right comments for those plans and to address all the issues everyone has
been concerned about. He stated it appears that most of the concerns have been met and by the process it
would be time to forward those plans back to Gate; reiterating unless the Commission has any problem with
that, that is the plan.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Harding
• Expressed concern about there being no back-up generator at City Hall and believes they need to look
into fixing that situation.
• Was concerned about Neptune Beach's side of the ditch and believes it warrants some communication
between the city managers to see what both cities can do to address this.
Commissioner Hill
• Thanked Commissioner Stinson for going to the meeting on Saturday.
• Stated Duval County had a pilot program for urban chicken permits, and he wants to bring that to the
Commission in the form of an Ordinance for consideration at the next Commission meeting.
• Believes that our legal issues should be put before our next city attorney since they will be the counsel
who will be there to defend these.
Commissioner Waters
• Supports the chicken permits.
• Stated our grant writers are in the process of writing grants to replace our aging generators and to
expand their coverage.
• Agreed we need to work with Neptune Beach on clearing the drainage.
• Stated they are listening to both sides of the Gate issue.
• Wished good luck to the runners in the marathon.
February 8, 2016 REGULAR COMMISSION MEETING
Commissioner Stinson
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• Complimented our Police Department for the way they handled the issue at the apartment complex.
• Stated Ms. Cosgrove did a great job with the meeting on Gate and was pleased with the civility and
respect both sides showed.
• Reported on the Florida League of Cities conference, Institute for Elected Municipal Offidals, he just
attended.
• Asked again for quarterly mock drills to practice the emergency plan.
• Supports giving the Gate proposal to the Community Development Board.
• Asked about the status of changing the signs at the Cloister south gate, stating they still have not been
changed.
• Asked the Commission to think about how we recruit for the citizen boards.
Mayor Reeves
• Thanked Lou Keith for checking on and following through with the kids' tennis.
• Asked the City Manager to have the Recreation Department update the upcoming events as soon as
possible on the website.
• Reported on his meeting with the legislature in Tallahassee on February 2 and 3.
• Attended the Beaches Watch meeting and thanked the staff who showed up.
• Reported on the opening of the BEAM store.
• Stated next week he will be judging the history fair for Mayport Middle School.
• Will give State of the Beaches at the Jacksonville Chamber of Commerce at noon.
• First baseball game at Fletcher High School will be on February 11.
• Suggested that Commissioner Hill get with the City Clerk and put the chicken issue on the next
agenda for discussion.
City Clerk Bartle
• Asked if there will be any backup on the chicken topic. Commissioner Hill stated he will provide the
draft ordinance that the county adopted.
Mayor Reeves stated the City Attorney's firm has decided to move on, but they are still with us and they are
not abandoning us. He stated he doesn't want to slow things down or interrupt anything due to the City
Attorney.
City Attorney Komando
• Pay attention to the FLC bulletins that go out and to the conference calls; there are a number of
pertinent legislative issues that are moving through this year.
Mr. VanLiere reported on the Cloister, stating the notice of violation went out so Code Enforcement Officer
John Markee can document the status of the gate being open. He stated Mr. Markee took some pictures so he
can be prepared to have his case. He stated, as far as the sign is concerned, his plan was that once we had
notice that the gate was actually not being used and they had close it, he would take the sign down or put up a
sign that says Do Not Enter. He stated he wanted to leave the sign there until they stopped using the exit. He
stated he will report back when he finds whether they have complied or not.
February 8, 2016 REGULAR COMMISSION MEETING
Adjournment
There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:35pm.
ArrEST:
Donna L. Bartle, CMC
City Clerk
Mitchell E. Reeves
Mayor/Presiding Officer
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