Item 1A Draft MinutesMINUTES
REGULAR CITY COMMISSION MEETING
July 25, 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 #lA
AUGUST 8, 2016
Commissioner Harding gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Call to Order:
Mayor Reeves called the meeting to order at 6:32 p.m. City Clerk Bartle called the roll and Mayor
Reeves noted that a quorum was present.
1. A.
B.
c.
Approve the minutes of the Commission Meeting of July 11, 2016.
Approve the minutes of the Commission Workshop of June 27, 2016.
Approve the minutes of the Town Hall Meeting of May 7, 2016.
Mayor Reeves asked if there were any conections to the above minutes. There were no conections, so
Mayor Reeves stated the minutes stand as submitted.
Mayor Reeves explained there are two presentations to be given before Courtesy of the Floor.
Mayor Reeves introduced Mr. Jay Handline and Ms. Stevan Brown from Beaches Town Center Agency
and they explained Web.com.
(Commissioner Waters anived at 6:35P.M.)
Discussion ensued with Mr. Handline and Ms. Brown answering questions from the Commission.
Mr. Travis Stratmann, Volunteer Park President, spoke about the Atlantic Beach Athletic Association at
Jack Russell Parle He repmied the 12U baseball team will be attending the Cal Ripken World Series and
thanked the City for the efforts put into the program.
City Manager Nelson Van Liere reported the linlc for the Go Fund used for making a contribution to the
baseball team has been put on the City's website. He also repmied the Cultural A1is and Recreation
Advisory Committee will talk about coming up with a donation at their meeting tomonow.
2. Courtesy of the Floor to Visitors
Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to
Visitors. City Clerk Bartle called each speaker to the podium.
July 25, 2016 REGULAR COMMISSION MEETING
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E.K. Cottrell 1656 Park Terrace East, spoke in reference to the Safe Routes to School project.
Expressed concern about the tree canopy and feels the solutions are acceptable. Mentioned strong
feedback about suppmi for the path.
Chris Jorgensen, 92 W. 3rd St., mentioned the new time clock and thinks it is nice. Thanked Chief Deal
for the drug bust in his neighborhood. Spoke in reference to the recent earthquake. Would like to see a
test chamber built. Spoke about sonic booms. Feels as if some fine tuning needs to be done when a
complaint is made fi:om a resident about a City employee and he would like to see the individual who
filed a complaint to be infmmed of the status. He is delighted to hear about the accomplishments of the
baseball team.
No one else from the audience spoke. Mayor Reeves closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. Public Hearing-16-UBEX-101-Request for a use-by-exception as permitted by
Section 24-111(c)(3 and 5), to allow on-premises consumption of alcoholic beverages
in accordance with Chapter 3 of the code and limited wholesale operations at 725
Atlantic Boulevard Unit 3 and 15.
City Planner Derek Reeves presented a slide show as he explained the request for a use-by-exception,
the Community Development Board's recommendation to approve with conditions, and his proposed
condition based on comments fi:om the last Commission meeting.
Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the
public hearing.
Motion: Approve Use-by-Exception 16-UBEX-101 with conditions that; 1) The hours of operation be
limited to 11 PM Sunday through Thursday and midnight Friday and Saturday; 2) Customers be
prohibited fi·om standing in the hallway connecting the two units; 3) That all employees must park in the
rear parking lot; 4) All spent grains and other similar waste from the brewing process be stored inside
the building; and 5) That the occupancy of Unit 15 be limited to 75 people or the number of people as
set by the Fire Marshal, whichever is less.
Moved by Stinson, Seconded by Harding
Planner Reeves answered questions from the Commission. Mayor Reeves read each condition and
confi1med that the applicant agreed to the 5 conditions.
Roll Call 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
July 25, 2016 REGULAR COMMISSION MEETING
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AUGUST 8, 2016
Page3
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Monthly Recreation Programs/Special Events Repmi and
Monthly Financial Report for June 2016.
B. Approve the purchase of Three (3) Gmman-Rupp Pumps in the amount of $61,933 from
Hudson Pump & Equipment Associates, Inc. as they are the City's sole source distributor
of Gorman-Rupp pumps.
C. Accept the Ocean Gate Infrastructure for Ownership and Maintenance.
City Clerk Bmile read the consent agenda.
Mayor Reeves asked if any Commissioner wanted to pull an item from the Consent Agenda for
discussion. Commissioner Hill pulled Item C and Mayor Reeves pulled Item A from the Consent
Agenda.
Mayor Reeves asked Mr. Caffey to explain why Project No. 1407 is listed under more than one area of
the Project Activity-CulTent Year Activity Only page. Mr. Caffey explained the schedule aligns with
the funding sources and this project has two different funding sources.
Commissioner Hill asked staff to give a brief report on exactly what it is we are taking ownership of.
Mr. Kayle Moore gave a status of the development and explained the City is receiving water lines and
services up to the meters, the gravity sewer for sanitary sewer, and the stmm water system. Mr. Moore
answered questions from the Commission.
Motion: Approve the Consent Agenda Item A as read.
Moved by Reeves, No second requested
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
Motion: Approve the Consent Agenda Item B as read.
Moved by Reeves, No second requested
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
Motion: Approve the Consent Agenda Item C as read.
Moved by Reeves, No second requested
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
5. Committee Reports
AGENDA ITEM #lA
AUGUST 8, 2016
July 25, 2016
None.
6. Action on Resolutions
None.
7. Action on Ordinances
REGULAR COMMISSION MEETING
A. ORDINANCE NO. 20-16-139, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING FUNDS
ASSOCIATED WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT
GRANT, AND PROVIDING AN EFFECTIVE DATE.
City Clerk Bartle read the Ordinance by title. City Manager VanLiere explained the Ordinance.
Page 4
Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the
public hearing.
Motion: Approve Ordinance No. 20-16-139 as read.
Moved by Harding, Seconded by Hill
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. 16-SFPA-125-Request for plat approval as required by Chapter 24, Article 4 of
the Code of Ordinances at RE# 172147-0000 and 172150-0000 (previously
known as 115 and 125 Donner Road).
Planner Derek Reeves presented a slide show as he explained the request and the Community
Development Board's recommendation to approve with the condition that the drainage and associated
deed restriction be finalized to the satisfaction of staff prior to final approval by City Commission.
Applicant Chris Lambertson, 355 11th Street, stated he is available tonight to answer questions.
Planner Reeves answered questions from the Commission regarding density and whether they are
building across the easement on Ardella Road. City Attorney Durden explained she has been working
with legal counsel for the prope1iy owner regarding the topic of easement and she read information from
the 1989 deed. She indicated that we have the Nmih 30ft. for road and street purposes and we also have
the Northern 1Oft. of that 30ft. which includes a sanitary sewer line noting that it is unlmown when the
30-foot easement came into existence, but everything from 1989 going forward refers to it. She believes
the roadway has been maintained by the City, but has not received written confirmation from Public
Works. She explained that Mr. Lambe1ison does own the property, but it has an easement going through
it and a portion of that actually provides the driveways to the parcels that lie nmih of the area. She
indicated she is still working on the deed restrictions and may need to make changes to it. She repmied
that as far as the density and the development of the seven parcels themselves, they do comply with the
land development regulations for the City.
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Commissioner Waters spoke about calculating density and asked Planner Reeves how much pe1meable
surface remains if you calculate the roadway into the impermeable surface. Planner Reeves answered the
ones that are affected by the easement has already been constructed so they have been permitted and
reviewed by staff and believes both were in the upper 48% for impervious surface that would calculate
anything in that easement. Commissioner Waters asked why was this platting application not done
before construction. Planner Reeves gave a history of the development explaining how it was originally
developed as multi-family and built with the intention of one day splitting into townhouse-style
developments in order to be sold .as individual units. Ms. Durden rep01ted on her research on
dete1mining what the appropriate side yard setback would be for the triplex on the southern portion of
the property. She stated the question was that if it is considered a townhouse, then the Code allows it to
be a 7 Yz ft. setback; if it is considered a multi-family, it allows 15 ft. and the only real distinction
between the two, based on the definition in the Code, is that in order to be a townhouse, it has to comply
and go through the subdivision platting process. She added, basically, if they wanted to utilize the 7 Yz
ft., they also have to comply with the subdivision requirements.
Mayor Reeves confitmed with the applicant that this property is next to Ms. Joyce Freeman and asked if
everything has been worked out with Ms. Freeman. Mr. Lambertson explained that he has met with Ms.
Freeman several times about the adjoining property line and they are actually going to build a retaining
wall to keep any grade differential and any water flow completely off her property as they did with the
other side of the other property. Mr. Lambertson also explained why he believes his project improves
the neighborhood. Commissioner Stinson asked Mr. Lambertson to explain his plans to sell them and
Mr. Lambertson explained that he plans to sell them for his retirement in about ten years. Further
discussion ensued. Commissioner Hill expressed concern about the liability of owning the easement and
asked the City Attorney to have a conversation with the property owner to see if he has any interest in it.
The consensus was to move this item forward to a public hearing on August 8, 2016.
B. 16-UBEX-129-Request for a use-by-exception as permitted by Section 24-111(c)(8),
to allow a woodworking shop at 33 W 6th Street.
Planner Derek Reeves presented a slide show as he explained the request to allow a woodworking shop
at 33 West 61h Street and the Community Development Board's recommendation to approve.
Commissioner Waters spoke in support of the request stating she believes it is in keeping with the use in
that area. Commissioner Harding expressed concern about the request having to come before the
Community Development Board and the Commission for approval. He stated it is exactly the type of
business that we want in the City and is consistent with the type of building this business is in.
Commissioner Stinson asked what it would take to bring the structure into a conf01ming structure.
Planner Reeves explained it would probably require at least a pmtial tear down. Commissioner Stinson
confitmed that the business falls inside the area of the Technical Advisory Committee (TAC) and asked
how this business fits into what the Community Redevelopment Agency (CRA) has done thus far.
Planner Reeves explained that since the results from the surveys are still being compiled, he does not
have clear direction but hopes to have the final results to the Commission next month. Commissioner
Stinson also asked if the TAC for the CRA has discussed things like facade standards and landscaping
standards and would it meet their goals as is. Planner Reeves believes the TAC would likely be okay
with this business and would be in support of some fas:ade improvements and maybe some landscaping
where possible.
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AGENDA ITEM #1A
AUGUST 8, 2016
Page 6
Commissioner Hill also expressed concern about the tenant having to come before the Community
Development Board and the Commission for approval to open a simple business or to move it inside the
same general area. He suggested making changes to the Comp Plan such as doing sound enforcement
with a quantifiable meter and make it based on the amount of sound the businesses put out; not the
number of hours they work. Mayor Reeves spoke in support ofthe request.
The consensus was to move this item forward to a public hearing on August 8, 2016.
C. 2016 Annual Evaluations for the Three Appointed Positions
Human Resource Director Cathy Berry explained the information in her staff report and asked the
Commission to pay attention to the August 29 1h deadline so that she can have full pmiicipation and have
them back in time to put a staff report together for the agenda packet the next day. She indicated that she
would email the pdf fill-in form tomonow and send reminders. Ms. Berry spoke about the evaluations
being public record. She explained how she plans to compile the results into a summary and asked that
once the process is over, let her know if you want to make any changes to the tool. She further explained
the goal is for each Commissioner to sit down with each of the three individuals at the beginning of the
evaluation period and go through your expectations. She believes it is not fair to evaluate someone if
they are not sure what it is you are looking for.
Mayor Reeves recommended that each Commissioner sit down with each individual to discuss the
evaluation prior to submitting it to Ms. Beny.
Commissioner Hill explained the evaluation process for these individuals is new; last year was the first
year an evaluation mechanism was utilized for these appointed positions. He believes the Commission
needs to develop it and make it better as they go and use extreme care and caution until the process is
worked out.
Commissioner Stinson explained why he believes evaluations are critical and the importance in having
the person being evaluated do a self-evaluation. He stated reasons why he does not agree with items left
blank being scored as a 3. He suggested having measurable goals.
Commissioner Waters explained why she likes the idea of sitting down with the individuals one on one
and believes some summary of the evaluation being made public is appropriate. She believes that in
order for the evaluation to be productive, it has to be constructive.
Commissioner Harding pointed out that factors to consider have to be consistent, thorough, fair and
honest in order to have an effective evaluation process. Ms. Berry emphasized the importance of setting
expectations and giving feedback on an ongoing basis.
Commissioner Hill expressed concerns and cautioned the Commission that evaluations can be used as a
political weapon. He reiterated that the process is new and can be improved.
Commissioner Stinson asked what other cities do and how many evaluate these positions. Ms. Berry
replied that based on her limited research it is 50/50. Commissioner Stinson expressed his willingness
to have depmiment heads and the three appointed officials evaluate him and for that to be public record.
Commissioner Hill explained that a tremendous amount of work, conversation and review when into the
evaluation product and he believes everyone is happy with it and does not want to get rid of it. He stated
July 25, 2016 REGULAR COMMISSION MEETING
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AUGUST 8, 2016
Page 7
he is looking forward to the evaluations. Discussion ensued about the process and Ms. Beny answered
questions.
D. Sign Code-Suspension of Temporary Non-Commercial Sign Enforcement
City Attorney Durden explained the importance of the proposed resolution and recommended that it be
brought back to the Commission for a fmmal vote at the next meeting. She answered questions about the
tirneline for adopting new sign codes. Commissioner Hill suggested waiting for other cities to revise
their sign codes and use their language.
The consensus was to move this item forward to August 8, 2016 for action.
E. Draft Ordinance regarding a temporary moratorium for "automobile service
stations". (City Attorney)
City Attorney Durden explained the proposed ordinance. Commissioner Stinson explained his reasons
for wanting to move forward. Commissioner Hill asked Ms. Durden whether two parcels that were
previously zoned fueling service stations would be included in the moratorium. Ms. Durden believes that
if it is not an existing business, or Gate Petroleum, there would not be a claim that their prope1ty should
fall within the exemptions of the moratorium; however, if the Commission would like to include them in
the exempt they could. Discussion ensued and it was determined that there is no issue with either parcel.
The consensus was to move this item forward to August 8, 2016 for action.
F. Proposal to eliminate electedofficials@coab.us as a method of communicating.
Commissioner Harding stated his reasons for his proposal to eliminate the group email address
explaining it should help eliminate the possibility of sunshine issues and believes it has caused
confusion about who should respond to ernails. He stated that the Commission should decide whether to
eliminate it or clarify the responsibilities and who should respond to ernails corning in. During
discussion, Mayor Reeves and Commissioner Stinson explained why they were in favor of the proposal.
Commissioner Stinson expressed concern about staff members getting automatic copies of Commission
ernails. Commissioner Hill suggested directing staff to do an evaluation of other small cities as to how
they deal with this, find out what is being done, get direction from Commission and come back with a
recommendation to clarify. Discussion ensued. IT Director Keith Randich answered questions from the
Commission and explained how the ernails are being distributed. He suggested that, if the Commission
decides to eliminate the email group, it be removed from the website and temporarily utilize an out of
office reply that would explain to senders to direct ernails to individual email addresses and not forward
to all Commissioners. Commissioner Waters spoke in suppmt of eliminating it and suggested having
something on the "undeliverable" message asking that they email Commissioners individually because
of the sunshine law. Mayor Reeves suppmted Commissioner Waters' suggestion. Commissioner
Stinson expressed concern that it may make it more difficult for the citizens to communicate with the
Commission and believes that restricting communication between the Commission would be a much
simpler process. The Commission discussed blocking the email address from each of their ernails.
Mayor Reeves explained several options and asked for consensus. The consensus was to direct staff to
come back with some comparative analysis of what other cities do.
July 25, 2016 REGULAR COMMISSION MEETING
9. City Manager
A. City Manager's Report.
90-Day Calendar (July 2016 through September 2016).
AGENDA ITEM #IA
AUGUST 8, 2016
Page 8
• Reported on upcoming items on the calendar: Safe Routes to School Town Hall meeting
on August 27, 2016; Town Hall meeting on October 1, 2016; and Budget Workshops on
Monday, August 15,2016 and Wednesday, August 24,2016.
• Gave an update on TrakiT. Read fi:om a repmi by Finance Director Russell Caffey who
has been designated as the head of TrakiT Implementation. Mayor Reeves questioned
Mr. Caffey's involvement in the project noting he thought the IT Depmiment was in
charge of it. Mr. Van Liere explained that Finance is involved in all of the applications
because they all kind of talk to it and repmied that Mr. Randich is the backup.
• Repmied that the Jacksonville Sheriffs Office has made Atlantic Beach live and is
available to us for the Report Management System.
• Repmied that Jacksonville sponsored the 2016 Hurr-icane Seasonal Regional Table Top
Exercise and he leamed a lot. He observed that several agencies are looking out for the
beaches and have our back should we have a hunicane.
• Advised that the Business Tax Receipts are now alive and well in the Finance
Depmiment and doing just fine.
• Repmied Overlay District for the Town Center is cunently being discussed.
• Repmied he gave out a draft cmi-friendly neighborhood ordinance and is looking for
feedback.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Waters
• Repmied she and her husband adopted a baby girl, Sybil. She thanked everyone for the
calls and support.
Commissioner Hill
• Thanked Sheri Law hun for putting out the almm regarding the parks artesian-fed
waterway drying out and the concem for the wildlife. Thanked Mr. Van Liere and his
staff for getting water there for the fish and tmiles so they did not all die.
• Recommended discussing Hunicane Preparedness at a Town Hall meeting to address
citizens' concems.
• Will meet with the City Manager to work on an agenda item for the cmi-friendly topic.
Commissioner Stinson
• Congratulated Commissioner Waters.
• Repmied fems heard from citizens about the sidewalk for Safe Routes to School on the
Northem pmi of Seminole Road possibly having something to do with opening the gate
to Hanna Park and believes the comments should be addressed.
• Congratulated Chief Deal and his crew for having a great police force.
• Expressed the need to try to respond to phone calls and emails within twenty-four hours.
• Suggested using more social media to get information out to citizens and looking into
using a firm that specializes in it.
• Complimented the City for taking the lead in doing something at Howell Park and Mr.
Van Liere for his quick reaction to the concems.
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July 25, 2016 REGULAR COMMISSION MEETING Page 9
• Repmted he attended Acoustic Nights and heard some of the best music. He
recommended the event to others.
City Clerk Bartle
• Congratulated Commissioner Waters.
Commissioner Harding
• Attended the regional Hunicane Table Top Exercise and expressed it was very
informative.
• Glad to hear of the meeting with the Aquatic Drive residents and expressed his desire to
be invited to those meetings in the future.
• Repmted he has not been given a response back to the concerns brought forth by citizens
regarding what preplans and safeguards were used to preserve wildlife there before
clearing the land.
• Congratulated the Atlantic Beach Athletic Association and the baseball team ..
• Asked for volunteers for the Atlantic Beach kickball team that he has volunteered to head
and explained if anyone is interested, get with him within the next two weeks and he will
provide additional information.
City Attorney Durden
• Advised that she will not be at the next meeting on August 8, 2016. Wayne Flowers will
be there in her place.
• Mentioned that she did a memorandum on the TriBridge project as requested and it has
been given to the Commission.
• Reported, in regards to the Gate Station litigation, a Motion for Temporary Injunction
was filed today by Mr. Adeeb asking to prohibit the demolition. The anticipated date for
the hearing is August 8, 2016.
• Advised that, regarding The Cloister, on July 12, 2016, the Code Enforcement Board did
unde1take the hearing to consider their request for a rehearing and the request was denied.
In regards to the insurance coverage, the City is still awaiting final decision from the
insurance company regarding that litigation. However, they have assigned a law firm to
the cases and she has been working with that law firm.
Mayor Reeves
• Reminded everyone of the upcoming Town Hall Meeting by Mayor Cuny and
Councilman Gulliford being held on July 27, 2016 at 7:00 pm at Fletcher High School
and put on by Beaches Watch.
• Congratulated Officer Harding for 30 years of service with Atlantic Beach.
• Repmted he has been working closely with web.com, City Staff, and Community
Leaders.
• Advised he has had several meetings with JT A and one of the topics is about trying to
keep the Beaches Trolley.
• Attended a Chain of Command for the Coast Guard Cutter.
• Represented Atlantic Beach at a reception on one of three Japanese ships in town.
• Advised that on August 5, 2016 we are losing Captain McCall from Maypmt as he is
being transfened.
July 25, 2016 REGULAR COMMISSION MEETING
• Congratulated Commissioner Waters.
• Expressed how proud he is of the baseball team.
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AUGUST 8, 2016
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• Stated he is supportive of the Golf Cart program, but expressed it is important we get the
suppmi from the other three cities on this before bringing it back, if possible. Mr. Van
Liere indicated he wants to make sure that what he hands the Commission is what the
Commission expected it to be. He explained that the legislation is about setting down the
guidelines to go forward with it and doing it safely.
• Expressed that the Police Depmiment is moving along. He thanked them for sharing with
the citizens on Facebook.
Adjournment
There being no further discussion, Mayor Reeves declared the meeting adjoumed at 9:50p.m.
ATTEST:
Donna L. Bmile, CMC
City Clerk
Mitchell E. Reeves
Mayor/Presiding Officer