Item 1A-Draft Minutes of 6-27-16MINUTES
REGULAR CITY COMMISSION MEETING
June 27, 2016
IN ATTENDANCE:
Mayor Mitchell E. Reeves
Mayor Pro Tern Jimmy Hill
Commissioner Harding
Commissioner John Stinson
Commissioner M. Blythe Waters
CITY HALL, 800 SEMINOLE ROAD
City Attorney Brenna Durden
City Manager Nelson VanLiere
City Clerk Donna L. Bartle
Invocation and pledge to the flag
AGENDA ITEM 1A
JULY 11, 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 6:31 p.m. City Clerk Bmile called the roll and Mayor
Reeves noted that a quorum was present.
1. A. Approve the minutes of the Commission Meeting of June 13, 2016.
Mayor Reeves asked if there were any cmTections to the above minutes. There were no ,coiTections, so
Mayor Reeves stated the minutes stand as submitted.
Mayor Reeves explained the process for public comments.
Mayor Reeves recognized former Mayor Don Wolfson, Mayor Suzanne Shaughnessy, and
Commissioner Maria Mark.
Mayor Reeves repmied that he would be pulling Item 4B from the Consent Agenda and moving it up to
have a presentation from Jerry Holland.
Jerry Holland, Duval County Property Appraiser, 231 E Forsyth St., explained their continued
efforts to actively pursue homestead exemption non-compliance or fraud. He explained the benefits of
using an outside source to do more data information gathering and the cost of the service. He reported
on the status of the agreement with the eight taxing districts in Duval County.
Motion: Approve the Interlocal Agreement among Duval County Property Appraiser, Duval
County Tax Collector and the City of Atlantic Beach as read.
Moved by Hill, Seconded by Waters
Commissioner Hill explained that his concerns were put to rest at the last meeting when it was explained
that the Prope1iy Appraiser's Office will be handling the collections.
Commissioner Harding asked Mr. Holland about the amount the service would receive. Mr. Holland
answered the service will receive 28% of the back taxes, penalty and interest, but nothing on the taxes
going forwm·d and 2% would go to the Tax Collector. Commissioner Harding inquired about the
distribution of the remaining revenue to the taxing authorities. Mr. Holland confi1med the distribution
between the eight taxing authorities in the nmmal distribution of millage rate as is calculated for the
entire taxpayer.
June 27,2016 REGULAR COMMISSION MEETING Page2
Commissioner Stinson asked about the accuracy rate. Mr. Holland reported that from this year, from the
602, only one did not require a lien.
Mayor Reeves asked for clarification that if we do not approve this, we would still collect the taxes on
the normal basis through the regular investigators and would just not be part of the program. Mr.
Holland confi1med but stated there are two taxing districts that have approved agreements, the School
Board and City of Neptune Beach, that says they will not do it if anyone opts out and St. Johns Water
Management District will be doing the same.
Roll Call Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
2. Courtesy of the Floor to Visitors
A. 2015 Audit Report -Ron Whitesides with Purvis, Gray & Company
Ron Whitesides, Purvis Gray & Company, Audit Pminer in charge of the City's outside independent
auditors, presented the summary of the results of the annual audit report for 2015. Mr. Whitesides
explained the Auditor's Opinion, stating it is an unmodified opinion which is the highest level of
assurance that can be rendered as part of a governmental audit. He explained the Emphasis of Matter
paragraph, stating this is where you put something so significant in a year that you want to emphasize it
and what is being emphasized is there is an adoption of a new accounting standard that had a significant
impact on the financial statement. He explained auditors look at controls and financial repmiing and
explained there is one finding to repmi, but considers the audit to be a successful engagement. He
refened to various pages of the report as he explained Revenues, Expenses, Assets, Defened Outflow,
Liabilities including Total Pension Liability, Actuarial Assumptions and Discount Rates, Net Positions,
Restricted Funds, and Umestricted Funds. He explained the Govemment Finance Officers Association
recommends you have at least two months reserve and even with the pension obligation as it cunently
stands recorded, Atlantic Beach is at 4 Yz months. He repmied the new accounting standard has not
changed the City's financial position; it just changed the way it looks on the face of the financial
statement; the City is still in excess of the recommendation and considers the City to be in a strong
financial condition from an accounting standpoint. He further repmied one finding under Financial
Close and Reporting on page 65 noting that some of the year-end financial closing entries had not been
made. He explained the potential contributing factors and reported that the auditors helped and is
cleared up, but was still necessary that they report it. He answered questions from the Commission
regarding the new standard and pensions. Mayor Reeves explained there will be a committee fmmed to
look into an RFP for auditing services and asked Mr. Whitesides if they intend to answer the RFP. Mr.
Whitesides confirmed that they would like to respond to the RFP and continue their relationship with the
City. Mayor Reeves asked if he believes the finding could be conected in the future. Mr. Whitesides
stated it can definitely be cmTected with a little training and analysis of the accounts prior to the auditors
getting here. Mayor Reeves asked Finance Director Russell Caffey if he is confident that the corr-ection
can be made and Mr. Caffey agreed they can. Mr. Whitesides answered fuliher questions.
Mayor Reeves opened the Comiesy of the Floor to Visitors. City Clerk Bartle called each speaker to the
podium.
June 27, 2016 REGULAR COMMISSION MEETING Page3
Nancy DeCandis, 515 Sturdivant St., expressed concems about the Commission discussing and voting
on the waivers tonight since the citizens and Commission have not seen the site plan and since the 30
parking spaces are not going to resolve the dispute. She spoke in opposition of the Gate station.
Mike Whalen, 1420 Mayport Rd., stated he is a small businessman. He explained small businesses are
being ignored and believed past and present Commissions are siding with big developers. He spoke in
opposition of the Gate station and the waivers. He also spoke in opposition of the proposed parking lot
for Town Center. He expressed concem about city employees sitting with and taking notes with Gate
Petroleum attomeys during the meeting.
Lisa Herrold, 659 Sherry Dr., spoke in favor of the Safe Routes to Schools program. She explained an
informal survey that she did within the hours of 7:30 a.m. to 8:30 a.m. to see how many people were
walking and biking to school, reporting that the average was five to seven children on a daily basis
traveling on her street. She reported there are a significant number of children that are coming from the
west side of Seminole Road. She indicated she spoke to the principal of Atlantic Beach Elementary to
find out how many children reside outside of Atlantic Beach, but the principal would not give her that
figure. She asked the Mayor to speak with Representative Shine and ask him the question. She believed
that an east-west path would be much better than a north-south.
E. K. Cottrell, 1656 Park Terrace E, representative for Friends of Atlantic Beach Elementary and
speaking in place of the President of the School Advisory Council, spoke about the Safe Routes to
Schools program. He clarified that the funding is $687,000, not $96,000. He indicated they would help
get the word out and encourage people to let the Commission know why they would support one path
over another.
Nancy Whittington, 1861 Beachside Ct., thanked the Commission for what they do. She spoke about
the Safe Routes to Schools program and asked the Commission to consider what the route is doing to the
property owners and expressed concem about the additional concrete along the proposed route noting
that flooding is important to consider. She also explained other costs that are not included in the grant
including the signs and utility relocations, mailbox relocations, tree and landscaping removals, driveway
reconstruction, swale and drainage mitigation, and sprinkler systems. She urged the Commission to offer
citizens a visual that gives us a basis for citizen input on the plan.
Pam Me Crary, 226 1st St., spoke in opposition to the proposed parking lot on East Coast Drive,
expressing concem it would negatively impact the neighborhood.
Chris Jorgensen, 92 W. 3rd St., thanked Public Works for keeping his neighbors ditch cleaned stating
they haven't had flooding in a while. He spoke in favor of purchasing the parking lot property, 24-hour
opening of Tideviews Park and getting some shade there, and the Safe Route to Schools sidewalk plan.
He reported that he attended the Community Development Board meeting and believes there are some
details that need to be worked out on some of the City ordinances. He also reported on weather-related
issues regarding El Nino and the affects of the volcano in the Philippines, C02 and forest fires in
Califomia.
Suzanne Shaughnessy, 168 Oceanwalk Ave S., refened to the Code Book from 1997 when Beach
Diner was given its variance and asks why an ordinance that was passed much later than when Beach
Diner opened would apply to Beach Diner now; why would one parking space per four seats resulting in
19 parking spaces be in effect; that law was not even written when Beach Diner opened its doors,
June 27, 2016 REGULAR COMMISSION MEETING Page 4
factually. She expressed she feels sorry for everyone involved in the process including Beach Diner,
Saltair residents, Gate Petroleum, and the Commission and thanked the Commission for their service.
Don Wolfson, 1725 Beach Ave., stated he came to give a factual history regarding Beach Diner,
explaining he served on the Community Development Board from 1989-2003 which he chaired for 12
years; the request for variance in 1997 was debated, considered and approved; it was very clear from
Community Development Director Worley that the application was for a variance to construct an
addition to a non-conforming structure and the applicant would have to meet Code requirements for
seating, parking and landscape. He explained that at the time, Code Section 24-161 required one space
for each two seats. He believes it is not fair to change requirements in the middle of a process or to
change a variance that was granted legally. He commended Commissioner Stinson for the Code rewrite.
He refened to Code Section 24-64, explaining that a variance shall be transfe1rable and shall run with
the title for the property unless otherwise stipulated by the Community Development Board. He
believes that by denying the owner to have the one parking place with two seats is counter to the
variance he was granted back in 1997.
Paula O'Bannon, 304 1st St., indicated, after being in Alaska, she believes in global warming. She
expressed concerns about the proposed parking lot on East Coast Drive being opened 24 hours and
spending the money. She explained the history of parking on side streets and how people have grown
their yards out to the street and claim that property for their own. She asked the Commission to go back
and claim all those side streets for free parking and tell everybody that it is not their private parking
along there. She believes if that is done, we would not need another parking lot.
Linda and Chuck Almeda, 282 Magnolia St., expressed concerns about the property owners on Beach
A venue putting plants and things in easements to keep people from parking there. She indicated she
made a complaint to the Police Department, but nothing was done about it. She requested that the City
enforce the Codes and let people park in those spots. She spoke against the parking lot proposal. She
asked that the Commission fix the things that are wrong, but not take the easy way out by building an
ugly parking lot in Old Atlantic Beach.
Maria Mark, 1148 Linkside Dr., spoke in opposition of the parking lot on East Coast Drive. She
refened to the infmmation provided in the agenda packet by the City Manager as she expressed
concerns about the numbers given. She suggested that the Commission study the Beaches Town Center
Agency parking plan before leaping and deciding to purchase a band -aid for $1.4 million. She reminded
the Commission about the serious lawsuits being filed and cautioned them before writing checks for a
parking lot.
Bobby Raymond, 380 9th St., stated he is speaking as a resident and as a business owner in the Town
Center area. He reported that the merchants are very eager to improve the parking situation. He spoke
in support of the parking lot proposal as long as it is open to the public and not restricted in any way. He
believes that restrictions cause confusion. He stated purchasing the lot does not solve the problem, it's
an incremental improvement. He expressed the importance for the City to work with the City of
Neptune Beach and Beaches Town Center Agency on having a comprehensive overall plan. He
suggested that bike racks be added to the parking plan.
Susan Perry, 179 Pine St., expressed concerns about the Commission destroying trees, paving the land
and destroying prope1iy values and spoke against the proposed parking lot. She believes there will be no
permeable area left because of this Commission.
June 27, 2016 REGULAR COMMISSION MEETING Page 5
Betsy Cosgrove, 116 Poinsettia St., explained an incident that occmTed on Second Street a year ago
involving her nephew. She commended the Atlantic Beach Police Department, Sgt. Diakos and Officers
Cassidy and Murphey for their handling of the incident and thanked Sgt. Diakos and Officer Cassidy for
their exemplary conduct during the trial. She believes that we have a police force that is caring,
concemed and professional.
Bill Love, 351 1st St., spoke in opposition of purchasing the residential land for a parking lot and
changing the use and expressed concems about the impact it would have on the neighborhood.
Jay Handline, 105 Tides Edge Place, President of the Beaches Town Center Agency, speaking on
behalf of the Beaches Town Center, Beaches Town Center Agency and the Beaches Town Center
Merchant's Association, repmied that the Beaches Town Center Agency enthusiastically endorses the
purchase of the prope1iy for conversion to a parking lot, stating that the addition of 50 parking spaces
would greatly benefit all the Beaches Town Center. He gave a history of the efforts made to address
parking issues and urged the Commission to continue moving forward with a comprehensive parking
initiative. He submitted a study for the Commission to review.
Amy Crane, 840 Paradise Lane, thanked the rangers for doing a tenific job and spoke in suppmi of
locking the gates at Dutton Island and Tideview. She believes that leaving it open could promote bad
activity that would diminish the recreational aspect.
City Clerk Bartle read the names and comments from the citizens who did not want to speak, as follows:
Mark Avens, 345 1st St., opposed to Item 3B, which is the purchase of 54 East Coast Drive.
Margaret McKay, 278 1st St., opposed to Item 3B, which is the purchase of 54 East Coast Drive.
Charles McCrary, 363 Sherry Dr., opposed to Item 3B, which is the purchase of 54 East Coast Drive.
Lori Schwab, 541 Sherry Dr., opposed to Items 3A and 3B, the purchase of the home for parking at 54
East Coast Drive and both waivers for Gate.
No one else from the audience spoke so the Mayor closed the Comiesy of the Floor to visitors.
Mayor Reeves called for a break at 8:22p.m. and reconvened at 8:35p.m.
3. Unfinished Business from Previous Meetings
A. Public Hearing-Waiver Request #16-SAFW-97 (535 Atlantic Boulevard)
Building and Zoning Director Jeremy Hubsch explained the waiver and staffs recommendation to
approve it.
Mayor Reeves opened the public hearing. City Clerk Bartle called the names of speakers.
T. R. Hainline, 1301 Riverplace Blvd., representing Gate Petroleum, stated these waivers are not
sought by Gate Petroleum and Gate Petroleum is not the applicant for these waivers. He explained the
purpose of the waivers and reported that they submitted a Site Plan on May 27, 2016. He further
explained each waiver and clarified that the final order was effective as of May 18, 2016 which is when
June 27,2016 REGULAR COMMISSION MEETING Page 6
the written order was issued. He explained it is not contingent or somehow dependent on the outcome
of this vote; the order had a condition; it said the City shall initiate the waivers; the City did initiate the
waivers; it fulfilled that condition just as Gate will and has fulfilled conditions.
Brad Davis, Prosser Planners & Engineers, 13901 Sutton Park S., Suite 200, Jacksonville, FL
32224, distributed the Site Plan submitted to Mr. Hubsch on May 27, 2016 that would essentially
accommodate all the obligations, from the appeal hearing, that could be accommodated via a Site Plan.
He explained the Site Plan as it relates to both waivers and offered to answer questions.
Charles McCrary, 363 Sherry Dr., spoke about people being unhappy about the Gate station and
spoke in opposition of the proposed parking lot on East Coast Dr. He explained the issues are related
because of traffic concerns and the trend of the City in not caring what the people of Atlantic Beach
want.
Suzanne Shaughnessy, 168 Oceanwalk Ave S., refened to a comment made at a previous meeting
regarding the drainage problems in Saltair, noting that there is now a waiver which would increase the
impervious surface. She urged the Commission to think seriously about that because every time there is
an increase in the amount of pervious surface, over what existed when the drainage solution went in the
ground, it chips away at its efficacy.
No one else in the audience spoke, so Mayor Reeves closed the public hearing.
Motion: Approve Waiver #16-SAFW-97.
Moved by Stinson, Seconded by Hill
Commissioner Hill spoke on the impervious surface issue and stated he is in favor of approving this and
following through with the commitment made to all parties at the hearing.
Commissioner Stinson addressed a comment made about why they are still considering the waivers,
stating that after listening to all the parties at the hearing, the Commission came up with a solution in
good faith and the Commission should honor what they said they would do that night.
Attorney Durden clarified that what the Commission said they would do in the Order was simply to have
the City initiate these applications. She explained the decision before the Commission tonight is one
that the Commission is free to make; either to approve or deny technically. She further explained that
the Order would stand whether the Commission decides to approve the waivers or not.
Mayor Reeves explained he also believes they made a commitment and that they should honor their
commitment.
Roll Call Votes:
Aye: 5-Hill, Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED
B. Purchase of 54 East Coast Drive
City Manager Van Liere explained the background of this item and reported the numbers related to the
cost, millage rate and tax revenue which are estimates. He explained the proposal and the reasons for
June 27, 2016 REGULAR COMMISSION MEETING Page 7
considering the purchase. He stated he believes purchasing this property would make a significant dent
in our parking problem at Town Center. He stated if the Commission has an interest in proceeding with
the purchase, he would like a consensus for staff to work out a real agreement to bring back to the
Commission with te1ms and conditions on how to structure this deal with the developer that has the
contract for the purchase of the land now.
Mayor Reeves commented on how this topic got started. Discussion ensued.
Commissioner Waters stated she made an effort to find out who the stakeholders were and spoke to them
individually. She explained the need to work with invested parties in Neptune Beach, in the Beaches
Town Center Agency and with land owners in the area to enforce a uniform parking situation across the
cities which involves working on a business overlay district with the City of Neptune Beach and
working on parking guidelines that all interested parties can agree to and that can be applied unifmmly
throughout the city. She explained there are a lot of stakeholders unable to agree since the parking issue
has been tackled by the Beaches Town Center Agency over a period of ten years. She outlined the
things that should be considered. She believes that if they decide to purchase the property it needs to be
with significant encumbrances. She reiterated that the parties should come together to create a business
overlay district and adopt a comprehensive parking plan that allows for some uniformity within the area.
She explained that if that cannot be accomplished, then it should be put back on the market.
Commissioner Hill stated the term sensibility and sacred come to mind immediately. He spoke against
changing the zoning of a piece of property from residential to anything that does not serve the greater
need specifically and does not believe it can be brought up for a commercial interest without violating
the trust of the residents that bought residential property up against residential property which is sacred.
Commissioner Harding stated he understands the parking issues in the Town Center and is also aware of
the issues that Jacksonville Beach has had with their City-owned parking areas. He explained that every
decision he has made has been based on factual infmmation and he feels confident that the decisions
have all been in the best interest of the City. He stated he cannot wrap his head around establishing a
precedence to change residential district prope1iy into commercial district prope1iy for the sake of
putting in a parking lot and does not believe the city should get into the parking lot business. He
indicated he would vote accordingly.
Commissioner Stinson thanked the Commission for pushing this item back to this meeting in order to
give those that were not here an opportunity to speak and believes that builds trust. He believes there are
better options for parking, stating he spoke to a councilman from Neptune Beach about a proposal for a
joint venture for parking to see if they were interested and they are. He explained he is not in favor of
this project.
Mayor Reeves explained why he struggled with this. He explained he met with the two residents from
the prope1iies that the land actually touches and repmied both of the residents support it because they are
scared that another Commission down the road would allow it to be purchased for CL since it is in a
perfect location to extend Town Center. He explained the overall plan was to make the purchase so that
the City would have total control over it for the rest of its life and reported that the City only has 54
public parking spaces. He hopes that whoever buys it puts in decent townhomes.
Further discussion ensued regarding parking inconsistencies, better ways to spend the $1.2 million, the
possibility of working with Neptune Beach and the Beaches Town Center Agency to create a business
overlay district and the need to provide parking for scooters and bikes.
June 27, 2016 REGULAR COMMISSION MEETING PageS
Motion: Do not approve the agenda item to begin negotiations to purchase 54 East Coast Drive.
Moved by Waters, Seconded by Harding.
Commissioner Stinson offered to sit down and talk to anyone interested in the ideas discussed with the
Neptune Beach City Councilman.
Roll Call Votes
Ayes: 5 -Stinson, Waters, Harding, Hill, Reeves
Nay: 0
MOTION CARRIED
C. Automation of Gates at Dutton Island and Tideview Parks
Public Works Director Don Jacobovitz explained his staff repmi, the three options, the cost for
each option and his recommendation to continue doing what we are cunently doing. Mr. Van
Liere explained there may be confusion on this item because the first draft of the agenda went
out with the incorrect option selected and believes it was put in the newspaper. He stated the
amended agenda has the conect option which is to continue what we are doing now.
Discussion ensued about the advantages and disadvantages of the options. Commissioner
Stinson spoke in favor of locking the gate. Commissioner Hill spoke in favor of locking the
gate, but suggested offering passes for a reasonable price to allow citizens to use the park at their
convenience. Commissioner Harding spoke against 24-hour access and against spending $25,000
for an automated gate system. Commissioner Waters stated she did not have a strong opinion
either way. Mayor Reeves was against spending the $25,000 for the automated system,
explaining that he would rather see the money spent for other improvements such as cameras.
Further discussion ensued.
Motion: Allow staff to manage the issue of gates and park hours.
Moved by Hill, Seconded by Stinson
Votes
Ayes: 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 SEP ARA TEL Y. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt ofthe Monthly Finance Repmi for May 2016.
B. Approve the Interlocal Agreement for Use of Prope1iy Tax Collections to Fund
Exemption Audit Services among the Duval County Property Appraiser, Duval County
June 27, 2016 REGULAR COMMISSION MEETING Page 9
Tax Collector, and the City of Atlantic Beach and authorize the Mayor, City Manager and
City Clerk to sign the agreement.
(Item 4B was pulled and acted on earlier in the meeting.)
Mayor read the amended consent agenda.
Motion: Approve Consent Agenda Item 4A as written.
Moved by Reeves (No second was requested.)
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. 20-16-138, 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, AND PROVIDING AN EFFECTIVE
DATE.
City Clerk Bmile read the Ordinance by title. City Manager VanLiere explained the Ordinance.
Commissioner Hill asked the City Manager to keep the Commission infmmed on legal expenses.
Mr. Van Liere stated he will provide a spreadsheet with that information.
Mayor Reeves opened the public hem·ing.
No one else in the audience spoke, so Mayor Reeves closed the public hem·ing.
Motion: Approve Ordinance No. 20-16-138, amending the 2015/2016 annual budget.
Moved by Stinson, Seconded by Hill
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay:
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. Safe Routes to Schools Route Selection
June 27,2016 REGULAR COMMISSION MEETING Page 10
Mayor Reeves asked for consensus to either move it to the next agenda for action or do something else.
Discussion ensued. It was consensus that each Commissioner get with Mr. Jacobovitz with their
questions, put it back on the July 11, 2016 agenda under discussion only, and make it the topic for the
Town Hall meeting on July 16, 2016. Mr. Jacobovitz explained that he may not have enough
information in time to put a report in the agenda, but he will have it in time for the meeting.
B. Review of Land Development Regulations (Commissioner Stinson)
Commissioner Stinson explained his request, stating he believes there may be a lack of clarity in some
of the City Codes that makes it difficult for the average resident to understand. He also suspects that
some are no longer applicable and need to be refined or revised. He explained the need to go through
our Land Development Regulations (LDR), much like how it was done with Charter Review, get a lot of
citizen input and improve our regulations.
Commissioner Hill believes a code review has been discussed and is necessary and would like to take
official action to get a Code Review Committee established and get the process started as soon as
possible.
Commissioner Harding stated he is interested in doing a Land Development Review, but would also like
to look at commercial zoning and see if some of those need changing to bring them in line with the type
of buildings that are actually housing these businesses.
Commissioner Waters recommended putting an RFP out to hire a consultant or attomey to walk a vested
group of residents and business owners through a process to help us bring our Code in line with some of
the best practices of other small cities. She believes that it is not just our LDR that is cumbersome, we
need a comprehensive rewrite of our Code. Discussion ensued.
Mr. VanLiere stated we will start out with a scope of services which the Commission would approve for
the RFP and put money in the budget to fund the project. He asked City Attomey Durden if the
Community Development Board could play a role in it. Ms. Durden stated they definitely could
participate and explain that a lot of times their role is to review and make recommendations on revisions
and to make a dete1mination on consistency with the Comprehensive Plan. Discussion ensued.
9. City Manager
A. City Manager's Repmt.
• 90-Day Calendar (July 2016 through September 2016).
Mr. VanLiere repmted on upcoming items on the calendar: Town Hall Meeting set for July 16, 2016
and Budget Workshops being proposed for August 10, 2016 and August 17, 2016 and asked the
Commission to confi1m those dates. Commissioner Hill repmted he has a scheduling conflict for
August 10, 2016 and stated he will call Mr. VanLiere to let him know whether he can move what he has
scheduled.
Mr. Van Liere repmted on the conversation he had with Kevin Badge, stating the idea of creating a
drop-off zone and a turnaround at the end of 1oth St. and to reverse the angle parking so that they are
facing the other way, would require us to give up three spaces. He explained there is a Shore
Preservation Grant with the City of Jacksonville that has to be amended formally if we want to do
something different to the parking inventory. He asked for consensus to send a request letter to Kevin
June 27, 2016 REGULAR COMMISSION MEETING Page 11
Bodge to include deleting three spaces at the end of 1oth Street in order to have the ability to work with
that space if needed. He explained the reason he is asking tonight is because they only make
amendments to this grant once a year and he is doing it right now. Commissioner Stinson indicated he
was fine with doing it. Commissioner Waters spoke against decreasing the number of parking spaces.
Mr. Van Liere addressed her concerns, explaining spaces in the area were identified as mitigating spaces
that can be used.
Commissioner Hill reported that he found 17 spots in 3 block that people have annexed city parking into
landscaping. He explained it is out of control and we need to put an end to it immediately.
Commissioner Stinson reported, during a meeting he and the City Manager had with representatives of
Cloister, he asked them if we solve the problem at 1oth St. would the Cloister South Gate matter go away
and he was told emphatically no. He reminded the Commission that he has asked the Commission on
two separate occasions to fmm a committee of contractors, residents, and city staff to go and evaluate all
the beach access parking up and down Beach Avenue all the way to 201h Street and believes that fits in
to what they are talking about. Mayor Reeves indicated that the City has allowed this to happen. Mr.
Van Liere addressed the issue by explaining how homeowners are also contributing to the problem and
there will be a lot of blow back from going street to street and requiring people to remove landscaping.
He explained there has to be enforcement and support for it. Further discussion ensued. Mayor Reeves
asked the City Manager to start enforcing it now on new projects.
Commissioner Stinson reminded the Commission that the City Manager is looking for consensus to send
the letter that says we would like to exclude these three spots from our calculation in case we want to
use them for a turnaround and we did not give him direction. The Commission reiterated their concerns
about losing three spaces and staff answered questions. The consensus was to let the City Manager
send the request letter in order to leave the option open, but emphasized they are not giving pe1mission
to use the spaces at this point.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Stinson
• Apologized for his absence from the last two meetings explaining they were unavoidable and
work-related.
• Repmied he watched the Commission Meetings from afar and was proud of this Commission on
how they handled themselves at the meeting immediately following the Gate hearing, adding he
is proud to be a small part ofthis team and enjoys working with them.
• Commented on conespondence and statements he has received. He stated he finds it interesting
that a resident told him if you vote that way, I am not going to vote for you in the next election.
He believes that is kind of a bullying position by trying to threaten you to get you to do what
they want; the other is, wouldn't the citizen sit back and think, you know if I can influence a
Commissioner with the threat of a vote that Commissioner is really concerned about the next
election and not about doing what is right. He believes the citizens ought to hear that that is not
why we are here and does not believe there is a person sitting up here tonight that is working for
the next election. He repmied that he was also accused of taking a commission for his vote,
stating his response was long and he was not happy with that accusation.
• Explained he read in the Beaches Leader that St. Johns County did an Emergency Management
Assessment of their Emergency Management Plan, stating we need to do some kind of
Emergency Management Plan assessment.
June 27, 2016 REGULAR COMMISSION MEETING Page 12
• Inquired about the cost of the transcripts from the Gate Appeal hearing, stating he would like to
see it because he was not here for the meeting where the minutes were approved, but he had
different thoughts about how that ended.
• Requested a status of our Stormwater Management System evaluation, the cost, how we can
make it happen or if we are going to do it.
• Requested a status of the parking issue they spoke about tonight.
• Thanked the Commission for their patience in him being gone. He stated this is a great group to
work with and he really wished he could have been here to support the Commission at that
meeting.
Mayor Reeves stated he was told by the court reporter tonight that the cost of the transcript from the
Gate Appeal hearing is somewhere between $5,000 to $6,000 dollars. He explained she also told him
one was requested last week and she told them she couldn't do it for $20,000, she was too busy.
Commissioner Stinson asked why we have court reporters that we pay money for and we would still
have to pay $5,000-$20,000 for a transcript that none of us use. Mayor Reeves explained that what you
are paying for is for them to take it not to print it; in other words, if nobody asked for it, they would
never type it up. He further explained that whoever asks for it first, pays the big fee and there is a lesser
fee for the copies.
Commissioner Hill
• Wants to address the parking situation discussed earlier in the meeting so that we do not lose
more access and have to fight to get it back.
• Interested in mimicking Duval County's chicken ordinance and placing it on an agenda.
• Asked to direct staff to explore the cart-friendly ordinance and what would be necessary to
engage officially in being a cart-friendly city including the registration of carts as a revenue
source to deal with any cost that it might incur.
City Attorney Durden
• Reminded the Commission about the requirement to attend a 4-hour ethics training and Financial
Disclosures are due no later than Friday, July 1, 2016.
• Reported the Fleet Landing closing has been set for July 19, 2016.
• Gave an update on The Cloister explaining that we received a request to rehear the hearing which
was timely filed. She stated the way that that will go down is that the Code Enforcement Board
at their regular meeting on July 12, 2016 will consider that request for rehearing; if the Code
Enforcement Board decides to grant the request for rehearing, then the Board will select a date
for that hearing; that hearing would then be de novo and it would be all over again. She stated
they could determine on July 12, 2016, not to grant the request for rehearing. She explained that
the request for rehearing does not toll the time for filing any kind of judicial challenge to the
Board's June 6th Order, so that July 6th date mentioned at our last meeting still stands. She
stated, in the meantime, it is her understanding that the association has deactivated the gate for
any uses except for emergencies.
• Reported we received notice of a complaint and a petition both filed by Bany Adeeb, DBA
Beach Diner and Beach Diner, Inc.; they were timely filed around 4:45p.m. on Friday, June 1 i 11
in the Duval County Court and received a copy on June 20th. She stated she has been working
with staff on whether or not the City's insurance policy will cover either of those pleadings and it
is her understanding cunently, that it is not likely the insurance coverage would cover the
petition and as far as the complaint is concerned, the insurance company is still receiving that but
have initially said they will at least look at the issue which is still under consideration.
June 27,2016 REGULAR COMMISSION MEETING Page 13
• Reported the City filed a Motion to Deny the Petition based on a number of jurisdictional
requirements that are set out in the Florida Rules of Appellant Procedure and Case Law that are
required whenever a Petition for Writ of Certiorari is filed and that was filed about 4:30 this
afternoon by the City of Atlantic Beach under her signature and certificate of service was given
to Ms. West. She stated, in addition to that, she knows that the Rogers Towers firm has filed a
Notice of Appearance in both the complaint case as well as the petition.
• Commissioner Stinson asked if the follow up to our hearing prevents Gate from moving forward.
Ms. Durden stated no, it does not. Mayor Reeves explained that Gate has pulled a pe1mit to
demolish the building, but the problem is the guy cannot get there for 3 or 4 weeks.
Mayor Reeves
• Reported that some Atlantic Beach residents were served with notices regarding Caliber
Collision applying for a zoning change on Mayport Road near Dutton Road and stated he plans
to speak before their Planning Commission and the Jacksonville City Council in opposition. He
explained he may come back to the Commission and ask for a resolution opposing it.
• Thanked Public Works Director Jacobovitz for answering questions that came from a citizen.
Commissioner Hill
• Addressed comments from citizens who thanked the Commission for their service, stating he
does not get the chance to tell them it is our pleasure. He thanked the citizens for recognizing
them.
Mayor Reeves
• Explained a conversation he had with a citizen today about the Commission Chamber filling up
with people that are against things and when he asked why the other people do not show up he
was told it is because they elected you and trust that you will make the right decision.
• Reminded the Commission to get their financial forms in on July 1st.
• Asked the Commissioners to submit their bios for the website to the City Clerk.
• Asked the City Manager to look at the website and see if there is a way to make it easier for
citizens to find contact numbers.
Adjournment
There being no further discussion, Mayor Reeves declared the meeting adjourned at 11 : 15 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Mitchell E. Reeves
Mayor/Presiding Officer