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Item 1A - 3-14-16 MinutesMINUTES REGULAR CITY COMMISSION MEETING March 14, 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 Van Liere City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Commissioner Waters gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: AGENDA ITEM #lA MARCH 28, 2016 City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves called the meeting to order at 6:35 p.m. 1. A. B. C. D. Approve the minutes ofthe Commission Meeting of February 22, 2016. Approve the minutes of the Special Called Meeting on February 25, 2016. Approve the minutes ofthe Public Meeting on January 23, 2016. Approve the minutes of the Public Meeting between Mayor Reeves and Commissioner Waters on January 7, 2016. Mayor Reeves asked ifthere were any corrections to the above minutes. He pointed out a scrivener's error at the bottom of page 1 on the Special Called Meeting of 2-25-16 that states Mayor "Woods" but should state Mayor "Reeves". There were no other corrections, so Mayor Reeves stated the minutes will stand as corrected. 2. Courtesy of the Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. Mayor Reeves explained the process for public comments. Nancy DeCandis, 515 Sturdivant St., spoke against the Gate gas station and asked that they send it to the Community Development Board. John Reich, 836 Cavalla, addressed the flooding in November that occurred on Cavalla Road. He asked the City to keep an open communication with the residents on the steps the City is taking to alleviate the flooding in this area. He also thanked the City for expediting the permitting process for rebuilding their homes. Susanne Barker, 1938 Beachside Court, speaking as a member of Atlantic Beach Cares, addressed the Gate gas station stating the citizens have filed an appeal against the permit that was issued for the Gate station. March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page2 Chris Jorgensen, 92 W. 3rd St., stated he will miss City Attorney Komando. He addressed the chaotic meeting held for hiring the City Attomey, and spoke against the suggestion of limiting public speaking to 3 minutes. Betsy Cosgrove, 116 Poinsettia St., spoke against the Gate gas station and addressed the three appeals against the Gate station. Donna Rex, 797 Mayport Rd., CEO-Beaches Habitat for Humanity, thanked City employees, Jeremy Hubsch and Kayle Moore for their assistance as they have moved through the process of building Ocean Gate. She stated she hopes they will agree that they done everything they said from the beginning and are providing to the City a new and pretty upscale development for affordable housing, that pminers with the City in the Comprehensive Plan. She stated, as an owner of prope1iy here in Atlantic Beach, they were also affected by the flooding and hopes the Commission will be proactive the next time rain is predicted to be 1 0- 15 inches, with putting out pumps or something to pull the water away, so they aren't flooded as before. She offered AmeriCorps and Beaches Habitat staff to the City in the event of a hurricane, if there is any damage or the need for trained professionals to help in the future. Marcus Pickering, 834 Cavalla Rd., addressed the flooding on Cavalla, Royal Palms and Aquatic Gardens, stating it has happened frequently since the drainage project completed by R.B. Hunt. He stated he had some photos of the flooding. He thanked Commissioner Hill for his offers of assistance during the flooding. He expressed concern that there are still homes that have not been properly cleaned since the flood. Mayor Reeves asked that he distribute the photos to the City Clerk who will copy them for the Commissioners and the City Manager. City Clerk Bartle stated she will also scan them. Becky Hamilton, 9540 San Jose Blvd., representing Gate Petroleum, announced that Gate Petroleum will hold an open house to discuss its plans to replace the decaying shopping center at 535 Atlantic Blvd. with a new Gate neighborhood store. She stated the event will be held on Tuesday, April 5, from 5:30-7:30 p.m. at the Adele Grage Community Center. She stated mailers will be sent to all residents of Atlantic and Neptune Beach. She stated at the meeting residents can learn about the store's proposed design and can meet with their architects, engineers, and safety, environmental and traffic experts who can answer their questions and further discuss the project with them. Meade Coplan, 10 lOth St., stated the president of the Cloister Association could not make the meeting tonight and asked her, as vice president of the board to address the Commission on item 8C, the traffic study request by Commissioner Stinson. She suggested a professional traffic engineer be hired to oversee the study. She also stated she believes one of the traffic counters recommended in the agenda item has a typo on 1 a. (2) iv., which says lOth Street between beach access and Beach Ave, should say between Ocean Blvd. and the beach access, which will include all the traffic coming off on Ocean from lOth St.. She stated she believes the study should also include pedestrian, bikers, etc. traffic, as well as vehicular traffic. She asked if the public safety member of the committee was meant to be Chief Deal. Brad Kennelly, 2265 Beachcomber Trail, addressed the apartment development on Aquatic Drive, drainage problems and the issues with the municipal pond. He stated he believes the new attomey should look at the contract. He suggested the City make them do on-site retention. No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to visitors. Mayor Reeves addressed the last Special Called meeting of the Commission, stating he has been very concemed about how that meeting went. He stated he believes we owe the City of Neptune Beach, their March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page3 citizens and both attorneys who interviewed that night a deep apology. He stated he believes in the first amendment and he believes every Commissioner up here has a right to give their opinion at any time about anything, but he believes there is a fine line between the importance of being infmmed and following the rules. He stated the Commission has a set of standards and rules and he remembers both attorneys said, in talking about conflicts, that attorneys have a set of rules they go by too. He stated he believes they were the most transparent, allowing every Commissioner to ask questions. He stated the next morning he met with the City Manager of Neptune Beach and Mayor Pruette and personally apologized. He stated they need to maintain a good and cordial relationship with our neighbor; they have great projects coming up, i.e. Town Center overlay, parking, etc. He stated he intends to establish meeting rules to assure this situation never happens again. He stated he has reached out to a group about Robe1is Rules and has asked if they will meet with the Commission at a workshop. He stated he believes that is impmiant and that the Commissioners understand when they can speak and cannot speak. He stated he will never restrict anyone sitting up here to say anything they want to say but they owe it to our citizens to run these meetings properly, professionally and with comiesy. Commissioner Waters stated she has a family history of involvement in local politics. This may be a small town and they may have matters of concern that are not national matters of concern but this is our town and she believes statesmanship is important. She stated there is a lot that can be done within Roberts Rules of Order that still is unstatesmanlike conduct and she believes it is just as important to give measure to common courtesy, good manners and basic respect in the Chamber to everybody here. She stated they can all reach their goals even with keeping to the confines of basic common courtesy. Commissioner Hill stated, related to the incident that occurred on the Special Called meeting that caused everybody so much stress, he wouldn't change a thing. He stated it was very important; it was a job interview and very tough questions needed to be asked and very basic answers weren't being given. He stated events were playing out in our sister city and he couldn't avoid talking about them publicly because we were about to take on the end result of some of those events. He stated when Mayor Reeves stated he would stick with our sister city right or wrong, he refuses to do it for the wrong; he will only stick with anyone who is right. He stated he does not have any remorse whatsoever other than, because of the nature of the content and the press that was made to dig into it, issues that hadn't played all the way out probably were dragged farther into the process than maybe they should have. He stated for that he does apologize. He stated he doesn't believe they were out of order and he doesn't think he was out of order for asking very difficult questions and exposing really serious concerns he had. He stated it is his nature to get to the bottom of things and he doesn't believe Atlantic Beach is in any way poorly represented and he doesn't believe an apology is necessary from Atlantic Beach for repeating the common things that were in the newspaper about employment issues; and we were about to hire the person giving the legal advice. He stated he doesn't know how that could possibly require an apology. He thanked the Mayor for his comments, but stated he just doesn't agree with him. Commissioner Stinson stated he believes it's impmiant that they maintain the statesmanship that Commissioner Waters described and that they treat everyone with respect and consideration in all matters. He stated he agrees that Commissioner Hill has the right to ask very tough questions and believes the replacement of Mr. Komando was very important to our City. He stated he apologizes for digging in; his concern was that Commissioner Hill seemed to know something and he wanted to know what he knew because it might have affected his decision. He stated what he believes they owe the City of Neptune Beach an apology for is the way that played out in the paper. He stated they can't control the paper, but he believes some of the descriptive they used that evening in the discussion and questioning maybe portrayed how they look at their neighbors to the south a little differently than they actually feel. He stated for his pmi in that, he would like to say publicly, as a citizen of Atlantic Beach and as an elected official and their neighbor, that he apologizes for how that played out in the papers. 3. Unfinished Business from Previous Meetings A. City Attorney Contract. March 14,2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page 4 City Manager Van Liere stated this is to enter into a contract with Lewis, Longman and Walker for City Attorney services as a result of the meeting they were just talking about. He stated he was instructed to negotiate and they came up with a hybrid, where pmi of the contract is a retainer and the rest is an hourly rate. He explained the contract will allow them to operate within the existing budget; however, it will mean a change in the way City staff and Commissioners think about their time spent with the attorney. He stated they will need to keep their communications down to what's needed to get the job done. He stated he believes this is a good contract and we will do well by it. Motion: Approve the contract as presented. Moved by Waters, Seconded by Stinson Human Resources Director Cathy Berry asked that they add, to direct the City Manager to enter into the contract. Commissioner Waters stated she would amend her motion. Amended Motion: Approve the contract as presented and direct the City Manager to enter into the attached contract with Lewis, Longman and Walker, P.A. on behalf of the City for future legal services. Moved by Waters, Seconded by Stinson Commissioner Waters asked the City Manager to explain what he is planning to put in place. Mr. Van Liere explained, for the Depmiment Heads and other City staff, they will direct their questions for the City Attorney through him unless a specific project they are working on would authorize them to work directly with the City Attorney. He stated he can't keep track of the time the Commission spends with the City Attorney but Ms. Durden will give the City a countdown if they get to around $7,000 in a month and they may need to dial it down or postpone something to the next month. Mayor Reeves asked that he explain what a hybrid is. Mr. Van Liere further explained the contract. Mr. Komando explained the arrangements for the transition to Ms. Durden. Fmther discussion ensued. Commissioner Stinson requested that a report on legal fees be included in the City Manager's repmi every month. Commissioner Stinson reported that Ms. Durden had requested to meet with him following the last Commission meeting and they had a very good meeting. Commissioner Hill asked to have a formal discussion on the next meeting about how the Commission intends to use the City Attorney. Commissioner Stinson suggested that be workshopped before the next Commission meeting. Mayor Reeves agreed, stating he has some suggestions on how they can save time. Mayor Reeves reported that Ms. Durden also met with him and they also had a good meeting and came out very positive on both sides. Commissioner Hill concuned with the workshop concept vs. the discussion being at the Commission meeting. Mayor Reeves stated they can work with that or they can have a roundtable meeting like they did before. It might not be a workshop. Commissioner Harding agreed to have the itemization of legal charges for at least the first few months so they understand how the charges are being billed to the City and how much is due to Commissioners calling for information. He thanked staff for working out the contract. He believes it is reasonable and within our budget. March 14, 2016 REGULAR COMMISSION MEETING Roll Call Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mayor Reeves congratulated Ms. Durden, stating they are happy to have her on board. AGENDA ITEM #lA MARCH 28, 2016 Page 5 Brenna Durden, 245 Riverside Avenue, Suite 150, Jacksonville, thanked the Commission for the oppmiunity to address the Commission. She stated she and her entire firm are pleased to have been selected to serve as Atlantic Beach's City Attorney. She stated last week was a bit of a wild ride and knows that was difficult, but throughout all of the ups and downs, her goal was to be thoughtful and to strive to be professional and fmihright. She stated she was impressed with the City Manager and HR Director this past week and they were very helpful and focused on the best outcome for the City. She stated it was crucial to her to have the oppmiunity to set the meetings up with both Mayor Reeves and Commissioner Stinson. She stated the role of the City Attorney is so impmiant that she felt that to have unanimous support from this board was essential. She stated those meetings were a great opportunity for her to have a forthright discussion with the Mayor and Commissioner Stinson. She stated it gave them an oppmiunity to ask her questions and for her to tell them how she felt about going forth with the City's business. She stated she wanted to publicly thank both of them for the time they took to meet with her and their willingness to recognize that maybe in the future they could vote for her like they did tonight. She stated if they view her as part of their team, she believes together they will continue to make Atlantic Beach an awesome place to live and to do business. Mayor Reeves asked that she also speak with the other Commissioners, if they want to. Ms. Durden stated she had mentioned to Mr. VanLiere and Ms. Berry that she believes that is very important and she will find time to have those meetings with the three she has not already met with individually. Commissioner Stinson asked that the HR Director and City Manager sit down with Ms. Durden to debrief the process we went through, see what worked in the process, what could have been done better, etc., so they get to know the candidates a lot better early on in the process. B. Approve the contract between the City of Atlantic Beach and TriBridge Residential for the proposed improvements to the retention pond and dog park. Mr. Van Liere explained the contract, stating if they have any questions, William Norris of TriBridge is here. Motion: Approve the contract with TriBridge Residential as submitted. Moved by Waters, Seconded by Harding Commissioner Stinson asked who is going to maintain the pond and believes it needs to be in the contract. Commissioner Waters related issues residents of Aquatic Gardens discussed with her, including that the Dog Park is a membership only park that it is not accessed or used by the citizens in the neighborhood who would be most directly affected by the development. They also expressed concern about the safest non-car route to the beach, stating there is another parldpond adjacent to Beaches Aquatic Club that could be a potential path into Cavalla. They also suggested putting a fountain in the retention pond, benches with shade trees, crosswalk and creating the path, etc. She stated they considered the amenities to the dog park but didn't March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 6 consider that it wasn't accessible to all the members of the neighborhood. She stated if the cost of those improvements could be figured into the project, it would go a long way in making this project more appealing to the neighbors. She stated before they ask Mr. Non-is if this is something he would consider, she wanted to see if the rest of the Commission would say they are interested in having him address this. Mr. Van Liere stated he doesn't understand the question about that neighborhood not having access to the dog park because it is membership driven, since membership is open to any residents. Commissioner Waters explained it is because many of them either don't have dogs or don't pay for a membership, so they don't/can't utilize the park. Commissioner Hill expressed his concerns about the flooding incident and stated they are going to allow a developer who has great intentions and has worked really hard to shed a percentage of their storm water in a way that doesn't take full ownership but shares the ownership of it in the one spot in the City that appears to need the drainage the most and then cover that with as much density and capacity as the dili will possibly hold. He stated his biggest concern is that the water is not going to stay on the propeliy where it belongs per our Code. Mr. Nonis answered questions from the Commission. Discussion ensued. Mr. Van Liere showed slides of what was under the ground when they dug the hole for the pond in the dog park, stating TriBridge has soil borings that indicate that on their site as well. Mayor Reeves asked Mr. Nonis if he had an estimate of how much his company would spend to get that land back where it could be used. Mr. Nonis stated they are canying a budget of close to $1 million on top of the purchase price of the dili. Fuliher discussion ensued. Mr. Non-is stated they have had follow-up meetings with Public Works and with the Water Management District and the Water Management District stated they prefer them to expand the existing pond because it serves that basin area. He stated their expansion ofthe pond does more to help with the cleaning of the water within the pond before it goes out to Hopkins Creek than it would if they had just a smaller 287 cubic foot pond on their own propeliy. He fuliher stated, regarding Commissioner's Stinson's question about cost of maintenance for the pond, his understanding from Public Works is that they will be paying a fairly substantial monthly fee for the amount of impervious area that is on the site. He stated they are contributing for any of the costs the City would have in maintaining the pond, as are the businesses immediately to the west whose runoff is also tied into this pond. He stated there is a precedence for the pond serving more than just the Hopkins Creek basin. Building and Zoning Director Jeremy Hubsch and Interim Public Works Director Kayle Moore answered questions from the Commission. Mr. Nonis explained the proration they will pay for the period the dog park will be closed. Fuliher discussion ensued. Commissioner Waters stated she doesn't know if there is consensus but asked ifMr. Nonis would address the additional improvement to the other park and creating a footpath. Mr. Norris stated at this point they do not have any more money in their budget. He explained the items they have offered to do in the existing dog park and hopes that will be sufficient for the City to consider approving this contract. He answered additional questions from the Commission. Mr. Van Liere noted the additional fees the developer will be paying. Mr. Moore answered additional questions from the Commission. Mr. Norris answered Commissioner Stinson's AGENDA ITEM #lA MARCH 28, 2016 March 14, 2016 REGULAR COMMISSION MEETING Page 7 question regarding the pervious/impervious percentage of the development, stating their cunent design is at 56% impervious to pervious, although since the site is zoned commercial, they are allowed to go up to 70%. Commissioner Stinson stated he would like to table this until after the discussion about Aquatic Gardens Stormwater Management. Motion: Table until after discussion on Aquatic Gardens Stormwater Management. Moved by Stinson, Seconded by Waters Discussion ensued. Mr. Nonis stated part of what they are asking the Commission to approve is the agreement for their ability to use the pond. He stated they have spent many hours going back and forth with the City Attomey and City Manager and have spent several months meeting with Public Works and it has been a methodical process to get to the point they are at now and asked that they reconsider their move to table this for a conversation on a Code issue that is not gennane to what they are asking them to consider tonight. Discussion ensued. Votes: Aye: 5 -Harding, Hill, Stinson, Waters, 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/Special Events Report for January 2016, the Major Public Works Projects Status for 2/17/16 and the Building Department Monthly Activity Report for December 2015. B. Approve the Interlocal Agreement with the City of Jacksonville, City of Atlantic Beach, City of Jacksonville Beach, City of Neptune Beach and the Commander, U.S. Naval Station Mayport, U.S. Navy for Conduct of the Sea and Sky Spectacular and authorize the City Manager to sign the agreement. C. Approve the purchase two (2) Gorman-Rupp Pumps in the amount of $61,933 from Hudson Pump & Equipment Associates, Inc., as they are the sole source distributor of Gmman-Rupp pumps. Mayor Reeves asked if anyone wanted to pull an item. Commissioner Stinson pulled Item C. He asked what is the purpose of the pumps. Mr. Moore explained that the pumps are to replace the old ones at the wastewater treatment plant and explained what they are used for. Mr. Moore answered additional questions from Commissioner Stinson. Commissioner Stinson expressed concem about not bidding this out. Mr. Moore also answered questions from Commissioner Waters. Mr. VanLiere explained the RFP process and why it was recommended by J. Collins Engineering and Associates, who built our plant, that we continue with Gmman-Rupp pumps and Hudson Pump is the sole source distributor in this area. Mayor Reeves March 14,2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page 8 expressed concem about this not going out for bid. Discussion ensued. Mr. Moore answered questions from Commissioner Stinson related to the purchase of the Gorman-Rupp pump purchase. Commissioner Waters stated she wants to see the specs for the pumps being used in Jacksonville Beach and Neptune Beach and the cost of replacing parts instead of replacing the pumps. Mr. Moore stated he would need some fmiher clarification on that from the City Manager as they put that together. Fmiher discussion ensued. Mr. Van Liere asked if they don't use the standard that Mr. Collins had recommended, will it take engineering to do different brackets and mounts to line those pumps up. Mr. Moore explained whether it would be engineering by the company they purchase the pump from, which would be incorporated into the cost of the pump, or if they get the pump at a lower cost and have our contractor engineer something, there would be a cost associated with it. Mr. Van Liere stated Mr. Moore would be happy to give the Commissioners a tour of the facility to see where these pumps are and what they do. Commissioner Stinson offered to sit with staff and give them his experience and expe1iise in pumps to help at least make sure they are spending our dollars wisely. It was the consensus of the Commission to bring Item C back on March 28. Motion: Approve Consent Agenda Items A, B, as written. Moved by Hill Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 45-16-22, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENALTIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. Motion: Approve Ordinance No. 45-16-22 as read. March 14, 2016 REGULAR COMMISSION MEETING Moved by Stinson, Seconded by Waters AGENDA ITEM #lA MARCH 28, 2016 Page9 Commissioner Hill stated he has some legal questions he wanted to ask the incoming attomey about the role and function of the City Clerk as a whole and wanted to defer this. Mr. Komando stated a motion to defer has to be time certain. Motion: Defer to the next scheduled meeting. Moved by Hill, Seconded by Stinson Commissioner Stinson explained why this Ordinance was on the agenda, stating he had a meeting with Mr. Komando, the City Clerk and the City Manager about this issue. He stated they had posted a job that actually moved some ofthe responsibilities defined by our Codes fi:om the City Clerk's office to the City Manager's office, in particular Business Tax Receipts, and he believed it was important, because it was specified in the Code that they make the change if that role and responsibility was actually moved from the Clerk's office. Commissioner Waters asked Commissioner Hill what the issues were that he wanted clarified, because there is a time sensitive component. She also asked the City Manager how imperative is the time sensitive component of this. Commissioner Hill stated he would be interested in the City Manager's answer also and what the driving factor is. He stated if it is time sensitive and they need to take action he would move forward but if the two weeks are not imperative he would rather delve into it a little farther. City Manager VanLiere stated he had gotten the ordinance ready for this meeting at Commissioner Stinson's request but also because there is training involved in the software it takes to do the job and there is a renewal period for business tax receipts at the end of the year, they wanted to give the employee time to get up to speed; May 1 was a good time to set as a start date for that. He stated if that slipped a month or so, it wouldn't change anything if they have other questions about it. He stated he offered this solution because, although the Clerk's office had been doing this for years, he believed the Finance Department could do it a little more efficiently. He stated they have a number of employees trained in billing and taking of cash receipts, which is a similar function. He stated in order to streamline operations at City Hall, combining some job duties, he believes the Finance Department would be able to pick this one up. He stated the training that is coming will be a new program and believed that now would be a good time to make the transition so the new employee could leam with the new program and alleviate the Clerk's office from having to go through that process. He stated the staff in Finance are already taking the payments and the Building Department handles part of it, as well, so he was just looking to consolidate. He stated this ordinance also takes care of some glitches, i.e. if a business didn't pay their tax receipt we would cut their water off. He stated we do not do that and have never done that, so he wanted to get that out of the Code. He stated it would also fix some dates and hardship consideration for partial year payments. He stated whether or not the duties get transfened, those other two items need to be done anyway. Mayor Reeves called for a vote on the motion to defer. Roll Call Votes: Aye: 4 -Hill, Waters, Harding, Reeves Nay: 1 -Stinson MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Emergency Management Response Mock Drills. March 14,2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 10 Commissioner Stinson explained his reason for putting this on the agenda. He stated he recommends putting a team of people together to meet with the City Manager and Chief of Police to have a table exercise to determine how the City would manage the emergency. He asked that they move it forward for staff to begin that exercise. Discussion ensued. Chief Deal summarized his handout, explaining the Incident Command Systems (ICS), Emergency Operations Center (EOC), and the (National Incident Management) NIMS systems and the various roles of the staff and Commission during emergency events and our relationship with Jacksonville's Division of Emergency Management. Further discussion ensued. Chief Deal stated he would like to see the Commissioners tour the Emergency Management facilities so they can learn what their roles are. Commissioner Stinson stated he believes it is important that they walk through these exercises before an incident happens and start with small localized things that affect Atlantic Beach only. Mr. Van Liere stated the recommendation was to work with a member of the Commission and asked if they want to select one of the Commissioners tonight to participate in the meetings when they have them. Commissioner Harding volunteered to be the Commissioner to attend these meetings. Commissioner Hill asked that they notice the meetings so any of the Commissioners could attend, if possible. Mr. Komando stated they would also need an agenda and minutes of the noticed meetings. It was the consensus of the Commission to have Commissioner Harding take the lead on these meetings. B. Aquatic Gardens Stormwater Management. Commissioner Stinson stated our stormwater management system is inadequate and believes they need to look at it. He stated they need to reevaluate the stormwater management system and make recommendations for what it is going to cost to deal with these issues and bring those back to the Commission to decide whether they are going to do it or not. City Manager Van Liere stated, from speaking with Rick Carper, he believes the best way to handle this is comprehensively with the stormwater engineers. He stated to move this forward they would need to do a scope of services and an RFP for an engineering firm to update our master plan again and broaden the scope to include Neptune Beach's system as well. He stated it may mean another $100,000 to do that. Commissioner Waters stated she believes they need to also have a discussion regarding how they develop and what amount of lot they allow to be covered with further development. Discussion ensued. Jeremy Hubsch explained the pervious/impervious coverage requirements, stating impervious surface is still 50% on residential properties, but in our commercial zoning district it does allow 70% impervious surface coverage because generally on commercial sites you are more likely to see the need for surface parking. He stated when someone is doing a PUD or SPA on a large site, there are a lot of shared or open spaces so applicants request a waiver during that PUD process to allow each individual lot to have up to 60-65% of impervious coverage but the overall site generally averages out well below that. Discussion ensued. March 14,2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 11 It was the consensus of the Commission to move forward with a special workshop for this project and to look at other related ordinances that may need to be rewritten. Item 3B was brought back and discussed at this time. 3B. Approve the contract between the City of Atlantic Beach and TriBridge Residential for the proposed improvements to the retention pond and dog park. Mr. Komando stated since there was a delay in time, he asked that they restate the motion. Commissioner Stinson stated the recommendation, which was not pmi of the original motion, also authorized the City Manager to execute any other documents necessm·y, not just the contract, so they may want to include that in the motion as well. Motion: Approve the contract with TriBridge Residential as submitted and authorize the City Manager to sign all related documents. Moved by Stinson, Seconded by Waters Commissioner Hill asked if this action to approve the contract moves the process through permitting. He clarified that they have permission to modify our park but they don't have pe1mission to build a building because we don't know what the building is yet. Mr. Komando stated there is a stormwater drainage easement, there is a constmction easement and there is a letter agreement which essentially ties it together because the concept is that upon completion of the project that it is really the first ce1iificate of occupancy, then the pmiion of the prope1iy that is currently TriBridge's property would be conveyed to the City. He stated does that commit the City on a permit level, no; it presumes that we are going to move forward with the permitting process, otherwise this would be for nothing. Mr. Nonis stated the documents also include an exhibit that references what was shared at previous Commission meetings for the general outline of what has been proposed. He stated his understanding is that they are tied to the plan that has been presented as a part of this letter agreement. Commissioner Waters stated she believes this contract is to take care of the issue of asking for a variance. She stated it's not that it commits the City to the permitting process but at this point they are free of having to ask for a variance. She stated it is her understanding that if they don't ask for a vm·iance the Commission does not have another oppmiunity to consider this project. Mr. Komando stated it depends on what the site plan shows. He stated Commissioner Waters is conect that if they don't ask for a variance, they would not see it again. Roll Call Votes: Aye: 3 -Stinson, Harding, Reeves Nay: 2-Waters, Hill MOTION CARRIED C. Tenth Street Parking Improvements. Commissioner Stinson stated this is related to the discussions generated in trying to resolve the Cloister South Gate use and some of the issues that arose out of the meetings. He stated he believes for them to make an informed decision they need to start counting traffic for a period of time and he is looking for a consensus to undertake this study and to put together a group to review the beach access parking we cunently have and March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page 12 what oppmiunities there may be to increase that count. He also asked why there is not a Do Not Enter sign at that South Gate, as directed about a month and a half ago, and why they are still using the gate, which is a direct violation of the ruling of the Community Development Board. He fmiher stated he has not seen a result of the survey that was done. Mr. Van Liere responded to Commissioner Stinson's questions, stating he was hoping they would get resolution with the Cloister's Code Enforcement action and their deadline is tomorrow night. He stated, based on how they reacted, he was hoping they would know what direction to take, but so far there has been no reaction at all. He stated he didn't want to invest in putting signage up that may get changed by that process and was waiting to see what happened. Discussion ensued. Commissioner Waters stated she has no problem putting out traffic counters but does not want to invest money in hiring a professional traffic engineer if this issue is going to be decided in court. Further discussion ensued. Commissioner Stinson clarified that he didn't bring this up just because of the Cloister's request, other than if they are going to respect their request and hear what they are asking us to do. One of the things they owe the citizens in the surrounding area is to know how much traffic we will be directing on to their streets. He stated what he was trying to accomplish was to figure out what they actually have to deal with. He stated his request was not to hire a traffic engineer; he doesn't believe this is a complicated enough problem to do that. He stated they need to figure out how to manage the traffic and they need to stmi somewhere, because if they don't it will just get worse. It was the consensus of the Commission to move this item forward to the next meeting for discussion. City Manager Van Liere asked for guidance for what they want from staff at the next meeting. Commissioner Stinson clm'ified, stating he believes they need to gather a group of people to visit the beach parking and believes that committee should be identified and presented to the Commission. He stated he believes they need to know what the cost will be for them to study the traffic, where they are going to do that and how much time it will take fi:om City staff to make that happen. Mr. Van Liere asked if he had a resident in mind. Commissioner Stinson stated he had several and suggested Chris Lambertson, and Dick Hilliard. Mayor Reeves suggested that Mr. Van Liere contact every Commissioner separately and ask them if they have anybody. Mr. VanLiere stated he wanted to make sure they are not expected to bring the committee formed, or did the Commission want to form the committee. Mayor Reeves stated they would have to form the committee but they would have to know in writing what they m·e charging that committee to do. He stated the City Manager's job would be to bring back what a committee would be charged to do, and he could get that from speaking individually to the Commissioners. Commissioner Stinson asked if it has to be that formal because it is a very limited focus for this group. Mr. Komando stated how formal a committee they want is within their purview as policy makers and if they decide to have a formally appointed committee, then that committee will come under sunshine laws. He stated to just have the City Manager reach out informally to citizens and discuss what the needs are, which is what his interpretation is of what he is asking for, does not require a formal committee. Commissioner Waters stated regarding looking at the beach parking issue, there are a number of spots we are required to maintain to receive Federal funding for beach renourishment so if we are looking at parking then March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 13 the reason to evaluate parking at all accesses other than at 1 01h Street would be to increase the amount of parking. Commissioner Hill stated he is in favor of an actual committee.and believes they should plan on moving forward with the formation of an official committee and call it the Parking and Seasonal Influx Committee and deal with some of these issues through that process, otherwise they will be talking about this until the end of summer. Mayor Reeves stated he believes what the direction to staff is to come back and give the Commission a charge for that committee and a recommendation on what that committee will do. He stated the Commission will then vote on appointing the committee. It was the consensus of the Commission to do so. D. Application for a State Historical Marker to Commemorate Combat Team Camp Atlantic Beach. City Manager Van Liere stated this was brought to them by a citizen and is a request to fund an application to submit some verbiage to the State to get approval for a commemorative marker. He stated there is a cost of $1,900 for this and it is brought before the Commission because there is no budget for this. Mayor Reeves explained the background for this marker and asked if anyone had applied with the State for funding. Mr. Van Liere stated no. Mayor Reeves asked that they do that and repmi back whether there is any State funding for this. Mr. Van Liere asked if there is no funding, is there any interest in this. Discussion ensued. Commissioner Hill stated he believes it would be remiss on this Commission's part not to recognize even the smallest contribution to that generation and what they did for this country. He stated if that is the only thing we have in the City that recognizes that contribution, he would believe $1,900 would be an easy resource. He stated he also believes they could probably identify private funding for that marker. It was the consensus of the Commission to have the City Manager report back as to whether there is any State funding or private sector money and bring back for action. Commissioner Stinson stated he is interested in moving forward with this even if the City has to pay for it. Commissioner Waters stated she also is interested in moving forward and asked if they could somehow tie the photographic history to it, so it isn't just a marker but an access point to historical documents. Commissioner Harding stated regardless of the means of obtaining funding for it, he is interested in pursuing this. E. Proposed Ordinance amending boundary of Seat 2 District 1308. Mr. VanLiere stated he wanted to see if they want to move this forward. He explained along with annexation comes a change in our map and we will have to amend our voting districts. He stated he spoke with the Supervisor of Elections who told him the boundaries of our districts are up to us. He stated he took the data from the last census and did a projection of what the new homes in Atlantic Beach Country Club would bring and added that to the district that was adjacent to it with lowest population estimate, which was 1308. He stated he brought it before the Commission for discussion. Mayor Reeves stated he reviewed this and has met with some past elected officials and didn't get any negatives. He stated he has also met with the Supervisor of Elections on this. He stated he, personally, does not have any problems with the boundaries. He stated he believes they should move forward and bring this back as an ordinance. March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page 14 It was the consensus of the Commission to move this item forward to the next agenda for action. F. Meeting Technology in the Commission Chamber. Mr. Van Liere stated this is not a budgeted item, but the IT budget could make room for these items from other items this year that they could delay to next year. He explained it includes a different count-down timer and a speaker queue, with a cost of $9,400 for both. Discussion ensued. It was the consensus of the Commission to move this item forward for action. 9. City Manager A City Manager's Rep01i. • 90-Day Calendar (March 2016 through May 2016). Mr. Van Liere rep01ied they now have added City-sponsored events to the calendars and reminded the Commission of the neighborhood meeting at 280 Camellia on Saturday, 3/19; Acoustic Night at Bull Park on 3/20; and Egg Hunt at Jordan Park on 3/26 from 10:00-1:00pm. Mayor Reeves stated he has also asked the other Commissioners to write an article for the newsletter and asked they have a rotation including the City Manager, which will be noted in the 90-Day Calendars. Mr. Van Liere stated Rick Carper is ready to sit with each of the Commissioners to discuss the Seminole Rd. project. He reported Jerry Holland's office has sent an ordinance to discuss an Interlocal agreement to crack down on Homestead Exemption violators. He stated they want to hire a third pmiy to do this, who wants 30% collection fee. He stated he has a meeting with them to discuss this. He also rep01ied that the US Postal Service has sent the City a letter informing us that the address line we had requested they change for those who live outside Atlantic Beach and have an Atlantic Beach address was approved and they are going to make this effective May 1, 2016. He stated they will be sending out letters to all of the residents telling them about the change. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Attended the opening day activities for ABAA and encouraged support for the association, stating they are doing a great job with our kids. • Reiterated there will be a neighborhood meeting at 280 Camellia St. for Tideviews Park on March 19. • Reminded everyone he will not be at the Commission meeting on March 28. City Clerk Bartle • Reported she will be on vacation from March 18-March 25. Commissioner Waters • Congratulated the Beaches Area Historical Museum on their 1 0-year anniversary on March 10 and encouraged other young professionals to come out on March 23 for their annual Young Professionals Meeting. March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 15 • Reported March is awareness month for all kinds of cancers and expressed sympathy for all those families who cunently have a family member undergoing cancer treatment. • Challenged everyone to get out and walk the parks and give feedback about park improvements. Commissioner Stinson • Thanked Mr. Komando for his service to Atlantic Beach and wished him nothing but the best. • Welcomed Ms. Durden and thanked her for her willingness to take Mr. Komando's role. • Thanked Mr. VanLiere and staff for responding to his requests. • Reminded everyone to vote tomonow. • Reminded everyone of Atlantic Beach Elementary's Dolphin Dash this Thursday. • Emphasized the event on March 19 at Tideviews Park. • Reminded the City that the citizens of this town are not a distraction, or a problem for them to deal with every day; they are the reason we exist, we work for them and need to remember that. Commissioner Hill • Has been asked by citizens if we would consider an underbrush management policy, explaining his request. • Thanked Mr. Komando and his firm for representing us and appreciates his decorum and his service to the City. City Attorney Komando • Stated there are three outstanding appeals on Gate. Stated he and Ms. Durden will be meeting to discuss that topic to get it moving forward. • Appreciates the opportunity to work for the City; it has been a true honor. • Reminded the Commission to do their ethics training. Mayor Reeves • Attended Mayport Middle School Honor Roll Luncheon. • Will attend the Relay for Life. • Will attend FLC dinner on Thursday. • Will meet with Executive Director of Chamber tomonow morning to discuss how we can involve the Chamber to help us with our businesses in Atlantic Beach. • Along with the City Manager and Chief Deal, he will meet with the Secretary of DOT on 3/30. • Attended the Feny Commission meeting. • Will meet with the City Manager, Mayor Cuny and the Chief of Staff on 3/30 regarding the Better Jacksonville Plan. • Expressed appreciation to Mr. Komando and his firm. • Stated he believes the appeal hearing will be in May. Adjournment March 14, 2016 REGULAR COMMISSION MEETING There being no fmiher discussion, Mayor Reeves declared the meeting adjourned at 11:23 p.m. ATTEST: Donna L. Bmile, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer AGENDA ITEM #lA MARCH 28, 2016 Page 16