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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