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Amended Item 1B- Draft minutes- Commission- 9-12-16 AMENDED ITEM 1B MINUTES SEPTEMBER 26,2016 REGULAR CITY COMMISSION MEETING SEPTEMBER 12,2016 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Mayor Pro Tern Jimmy Hill City Manager Nelson Van Liere Commissioner Harding City Clerk Donna L. Bartle Commissioner John Stinson Commissioner M. Blythe Waters Invocation and Pledge to the Flag 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 6:33 p.m. City Clerk Bartle called the roll and Mayor Reeves noted a quorum was present. He encouraged citizens to fill out a Speaker Request Form if they wished to speak on the budget or any other agenda item. Mayor Reeves rearranged the agenda to forward Item 7A. 7. Action on Ordinances A. Public Hearings and First Reading on Adoption of a Tentative Millage Rate and Ordinance No. 20- 16-140 establishing the Operating Budget for fiscal year 2016/2017. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017. Mayor Reeves stated the first item being considered on the agenda is the Adoption of a Tentative Millage Rate. Mayor Reeves read the Truth in Millage (TRIM) as follows: "The Millage Rate is 3.3285;the Tentative Millage Rate is 3.2285;the Roll-Back Rate is 3.1754; and the Tentative Millage Rate is 1.67% more than the Roll-Back Rate. The purpose for adopting the millage rate of 3.2285 is to maintain a level of ad valorem tax revenue sufficient to support funding for the proposed level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure." Motion: APPROVE A MILLAGE RATE OF 3.2285 ACCORDING TO ORDINANCE NO. 20-16- 140. Moved by Stinson, Seconded by Harding. Mayor Reeves opened the public hearing and asked if anyone wished to speak. Chris Jorgensen,92 W.3''' Street,thanked Mayor Reeves for reducing the millage rate. No one else in the audience spoke, so Mayor Reeves closed the public hearing. Roll Call Votes: Ayes: 3—Harding,Stinson,Reeves Nays 2—Hill,Waters MOTION CARRIED AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 2 Mayor Reeves stated the second item to be considered is Ordinance No. 20-16-140 establishing the Operating Budget for fiscal year 2016/2017 of$31,690,466. City Clerk Bartle read the Ordinance by title as follows: AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1,2016,AND ENDING SEPTEMBER 30, 2017. Motion: TO APPROVE ORDINANCE NO.20-16-140 AS READ. Moved by Waters, Seconded by Stinson. Mayor Reeves opened the public hearing and asked if anyone wished to speak. Chris Jorgensen,92 W.3rd Street,thanked Commission Stinson for sending an email with a lot of questions about the budget. He felt all the Commissioners should be aware of the City's millage rate. Suzanne Shaughnessy, 168 Oceanwalk Drive,asked to clarify the ordinance number. No one else in the audience spoke, so Mayor Reeves closed the public hearing. Mayor Reeves asked City Clerk Bartle to clarify the Ordinance No. of the Ordinance approved for the Budget. City Clerk Bartle stated the correct Ordinance No. is 20-16-140. Commissioner Stinson questioned a new position of Media Relations Specialist that has been added to the FY2016/2017 budget. He asked Mayor Reeves to explain the intent of the new position. City Manager Van Liere stated the position of Media Relations Specialist was added to the budget to help communicate information regarding the City with the citizens. The position will be responsible for creating brochures, webpage content, multi-media messaging, newsletters, updating the marquee and other such public relations. Mayor Reeves stated the position is not intended to serve as a Public Information Officer to communicate with the media. It is the responsibility of the City Manager to attend civic and other organizations to represent the City regarding public information and wants to make sure it will not replace duties of the City Manager. Mr. Van Liere confirmed that it will not. Commissioner Hill asked Mayor Reeves why he did not want the City Manager to use the Media Relations Specialist as needed. Mayor Reeves responded the City Manager's contract states that he is responsible for representing the City before other organizations in regards to the state of the City. He did not think a City of this size needed a Public Information Officer. Commissioner Hill disagreed. He stated all the responsibility of the City ultimately falls under the City Manager. He felt the City Manager should be able to use the Media Information Specialist on an as needed basis. Mayor Reeves restated it is the responsibility of the City Manager and added it is the responsibility of the Commission to ensure the citizens are receiving the best services. If the duties and responsibilities of employees are going to be changed then their job descriptions also need to be reevaluated.Mayor Reeves added the budget is not an expense account and if it is passed, it does not mean all of the money has to be spent. Commissioner Waters stated today's citizens have a different level of expectation regarding news releases and customer service. The position should require someone who is able to get information out to the citizens and promote the City. She was not okay with restricting the duties of the position before anyone was hired. She felt the Commission should allow the City Manager to delegate responsibly. Commissioner Stinson stated because there is confusion about the role of the position he would like to offer a friendly amendment to the motion as follows: AMENDED ITEM 18 SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 3 Amended ADOPT THE BUDGET AS PROPOSED WITHOUT THE MEDIA RELATION Motion: SPECIALIST IN THE APPROVED BUDGET WITH THE UNDERSTANDING THAT ONCE WE GET BETTER DEFINITION AND BETTER CONSENSUS AMONG THE COMMISSION ABOUT ROLES AND RESPONSIBILITES THAT IT CAN COME BACK TO US AND WE CAN MAKE AN AMENDMENT TO THE BUDGET AND PUT THAT PERSON IN PLACE AT THAT POINT AND TIME. Moved by Stinson. MOTION FAILED FOR LACK OF A SECOND. Commissioner Hill suggested the Commission vote on the role and duties of the Media Relation Specialist prior to filling the position. Mayor Reeves stated it does not take an expert to post information on Facebook. There are currently three employees in the Information Technology Department and he felt one of those employees could get information out to the public. He felt the City could hire someone on a contract basis to perform the duties at a reasonable rate without having to pay any benefits. Commissioner Hill disagreed with having someone perform the duties on a contract basis. He felt the job needed someone on a daily basis. Mayor Reeves rebutted that other City departments handle their own media relations and an employee currently in City Hall should be capable of performing the job. Commissioner Stinson voiced concern about being able to hire someone at the budgeted pay level and felt the issue may need to be revisited in the future. Commissioner Harding explained when the Commission first discussed adding the position they agreed to set a salary of$30,000 plus benefits. He thought it would be hard to fill the position based on the salary. Because the content and information would have to need to be updated daily, the employee has to be invested in the City. He suggested leaving the option open to investigate a possible contract person to handle the duties. Mayor Reeves explained if anyone wanted to change the budget before it is approved they would need to make a motion. Commissioner Hill stated Jacksonville Beach was in the process of hiring an Events Coordinator,which is similar to Media Specialist. Mayor Reeves clarified Jacksonville Beach is hiring an Events Coordinator; it is not a liaison or an Information Officer. The salary ranges between$30,000 and$45,000 per year to put on events in the City. It is not the same type of position. Mayor Reeves stated just because a position is not filled, does not mean the position could not be included in the budget. He asked if there was a motion to alter or change the motion. Commissioner Hill agreed if the positon did not yield a good return he would like the Commission to consider defunding it. Roll Call Votes: Ayes: 5—Hill,Stinson,Waters,Harding,Reeves Nays 0 MOTION CARRIED Mayor Reeves stated the second reading and public hearing for the budget ordinances will be held Monday, September 26,2016. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 4 1. A. Approve the minutes of the Commission Meeting of August 22,2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. Motion: TO APPROVE THE MINUTES AS SUBMITTED IN THE AGENDA PACKET. Moved by Stinson, Seconded by Waters. No vote was taken. Mayor Reeves stated the minutes are approved. 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. Christian Bankert,1818 Horn Street,Jacksonville Beach,was discouraged that The First Act Children's Program was discontinued at the Atlantic Beach Community Center, and Anya Richardson's contract was severed. She requested the City have a mediation to bring Ms.Richardson's program back to the theater. Denise Bossy, 262 Seminole Road, asked the Commission to support bringing back the Children's Community Theater. She felt the way Ms. Richardson was fired was unprofessional. The community wanted the program to come back. Sabine Wiley Bossy, 262 Seminole Road and Kinsey Selhorst, 388 Ahern Street, both stated they had been involved in drama at the theater for years. It has played a great role in helping them break out of their shells and has helped them build confidence. The First Act should be able to return to the space in the theater because it is a big part of the community. Mayor Reeves thanked the young girls for standing up and speaking out. Elizabeth Neville,1060 Seminole Road,voiced concerned about the conflicts going on within City Hall. She felt it would help if people tried to walk in the other person's shoes and she hoped the City could find a resolution to the conflicts. Jeannie Chin,745 Redfin Drive,was concerned about the delay in the Safe Route to School Project. She did not want the City to lose the grant money for the project and hoped the City would move forward with the project. Amy Tillatson, 1414 Big Tree Road,Neptune Beach,board member at ABET,thanked everyone in the City for supporting ABET. She stated everything is going well at the theatre. She enjoyed the partnership ABET had with Anya Richardson and the children's program but the program had outgrown the theatre and they did not have the space. They attempted to mediate with Ms. Richardson and asked her to scale back the program from five days a week to two but that did not work out. A new children's program is being provided at the theater. She asked the City to consider the business the theater brings into the community. She thanked the Commission for their support and hoped they would continue their support. Julie Hulett,president of ABET,explained she held a non-profit children's theater at the beach for 25 years.They loved the First Act Children's Program and Ms. Anya Richardson. The problem was the program grew and the theater could no longer accommodate the space. They tried to work something out with Ms. Richardson but could not come to an agreement. They have a new wonderful children's program available and open to anyone that would like to attend. Ripley Selhorst, 388 Street, stated she grew up attending ABET's children's program. She spent a lot of time there and witnessed other children grow in confidence. She learned leadership, patience and the value of giving back. She felt the experience empowered her and would like the program to return. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 5 Sarah Boren,388 Eighth Street,supported ABET and Adele Grage. She felt Adele Grage should be a theater for adults and children. She suggested summer camps be held at ABET. She urged the City to work out a solution to find space for the First Act program. Suzanne Shaugnessy,168 Oceanwalk Drive South,thanked the City for contacting Mosquito Control and added if anyone needed to contact them the number is 630-CITY. She congratulated City Clerk Donna Bartle for her many years of good service. She stated there is still a City arborist in the City. She asked if there was a current schedule for street sweeping and storm drain vacuuming. Mayor Reeves acknowledged Suzanne Shaughnessy and recognized her as a past Mayor of Atlantic Beach. Maureen Shaughnessy, 361 Main Street, supported reinstating the Tree Conservation Board to review tree removal applications and meet with the property owners prior to them obtaining a tree removal permit. Sally Clemons, 1638 Park Terrace West, felt the Saturday roundtable workshop meeting was beneficial. She suggested the Commission hold weekly or bimonthly face-to-face meetings with the City Manager and hold bag lunch team building meetings with city departments. She also suggested limiting the speaker time to 3 minutes if there were more than 20 speakers. Nancy Whittington,1861 Beachside Court,appreciated the Commission lowering the millage rate. She asked the Commission to consider renegotiating the City Manager's contract. Margo Mudge, 1549 Ocean Boulevard,supported the new tree ordinance and felt it was important to establish a tree committee. Lisa Harrold,659 Sherry Drive, supported the Safe Route to School but felt the proposed Sherry Drive portion of the path was dangerous because there is not enough greenspace and there are no traffic calming devices. E.K. Cottrell, 1656 Park Terrace East, representative for Friends of Atlantic Beach Elementary, stated Atlantic Beach Elementary School is having a National Honor Society Induction Ceremony tonight and many parents could not he present at the meeting. He presented a list of over 20 parents that support the original path of the Safe Routes to School project to the City Clerk. He encouraged the Commission to approve the original path. John November, 536 South Street, supported the establishment of a Tree Committee and offered his services throughout the process. He felt the current Tree Ordinance is complicated and difficult to enforce. He would like to work with a Tree Committee to develop educational and awareness programs. He recommended naming this committee the"Atlantic Beach Tree Conservation and Beautification Committee." Suzanne Barker,1938 Beachside Court,supported the Safe Route to School path but felt it would be better if the path went down the west side of Seminole Road and connected with Plaza. Jeff Maher, 1865 Seminole Road, opposed ABET closing the First Act Children's program. He hoped the City would consider bringing back the program. He also supported the Safe Route to School project but felt there was a better route. Brad Kennelly,2265 Beachcomber Trail, supported the Safe Route to School Route project but felt the citizens were unclear of the design of the path. The proposed design submitted was different from the one recently discussed by the Commission. He asked the City to request an extension and identify the route along Sherry Drive. He also did not think the route shown on the video met the requirements of the Florida Department of Transportation. He was concerned about the Commission approving the grant before defining the route. Chris Jorgensen,92 W.3'd Street,complimented the new television screen showing the agenda. He was sorry to hear about Chief Deal relocating. He voiced concern about the City being within a few weeks of losing the$600,000 AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 6 grant money. He stated two out of the three appointed official's evaluations were exactly as both sides perceived they would be,but the other was not even close. He asked the City to repair the hole in Mayport Road. City Clerk Bartle read the following names and comments from the citizens who did not want to speak: Vivian Goad,675 191h Street North,Jacksonville Beach,supported First Act and ABET. She felt the City should continue the program offered by Ms. Richardson under the City grant and budget. Mary Smith,314B Ste Street,supported the formation of a tree committee. Amy Scott, 1201 Seminole Road,supported the Safe Routes to School project. Linda Ingram,838 Ocean Boulevard,supported Safe Routes to School. Karen Longchin,310 Country Club Lane, supported Safe Routes to School. Susan Van Liera, 1653 Linkside Court North, supported Safe Routes to School. Beth Cartrel. 1656 Park Terrace East, supported the Safe Route to School. Paula Obanan,304 First Street,opposed the current design of the Safe Route to School. Mary Orser,376 Ninth Street,opposed Safe Route to School and asked JTA to extend the time to allow the City to ensure that it is safe and does not cost the added money. Brooke Anderson, 824 Sherry Drive, supported First Act. No one else from the audience spoke so Mayor Reeves closed the Courtesy of the Floor to Visitors. Mayor Reeves called a recess at 8:26 pm.Reconvened at 8:36 pm. 3. Unfinished Business from Previous Meetings A. Public Hearing-Request for a waiver as permitted by Section 24-46(d)to waive the prohibition of body artists within the Commercial General Zoning District as required by Section 24-111(b)at Saltair Section 3,Lots 810 to 816 and 838 to 840(aka 469 Atlantic Boulevard,Unit 11). City Planner Derek Reeves presented a slide show and explained the request for a waiver and four conditions. Mayor Reeves opened the public hearing.No one in the audience spoke,so Mayor Reeves closed the public hearing. Motion: TO APPROVE AGENDA WAIVER 16-SAFW-133 WITH TILE FOLLOWING CONDITIONS: 1.) THAT THE BUSINESS REMAIN IN COMPLIANCE WITH CHAPTER 64E-19 OF THE FLORIDA ADMINISTRATIVE CODE; 2.) THAT THE WAIVER IS GRANTED TO THE APPLICANT ONLY AND SHALL NOT RUN WITH THE TITLE TO THE PROPERTY; 3.) THAT NO SMOKING PARAPHERNALIA BE SOLD; AND 4.)THAT THE BUSINESS MUST CLOSE BY MIDNIGHT EVERY DAY. Moved by Harding, Seconded by Stinson. City Attorney Brenna Durden recommended the Commission also approve the body piercing use under Section 20- 59,which will allow staff to issue the business license for the property and this use. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 7 Amendment: TO ALSO INCLUDE SECTION 20-59,BODY PIERCING AND TATTOO ARTISTS IN to the THE MOTION. Motion Moved by Harding, Seconded by Stinson. Commissioner Hill stated there has been a significant change in artistic expression and society has spoken through the Supreme Court. He did not want the public to think the Commission was ignoring the Code. Roll Call Votes: Ayes: 5—Stinson,Waters,Harding,Hill,Reeves Nays 0 MOTION CARRIED B. City Appointed Positions Evaluation Summaries Human Resource Director Cathy Berry explained the summaries of the evaluations and the self-evaluations for the City Manager,City Clerk and City Attorney. Commissioner Stinson asked Ms. Berry if the averages included the ratings of all five Commissioners. Ms. Berry replied"yes." Mayor Reeves explained he would like to consider revising the forms. He was not comfortable giving an automatic three(3)points to questions that were not rated. He felt the evaluations helped improve employee performances by giving them feedback and helping them reach goals. He met with the three appointed officials to review the evaluations and encouraged the other Commissioners to do the same. During his review, he added an additional sheet expressing what he expected of the employee during the upcoming year. Commissioner Stinson felt the Commission needed to clarify goals and expectations as a group so the three employees were not trying to reach the goals of five different bosses. Mayor Reeves agreed that not giving them goals and objectives as a group was unfair. Commissioner Waters agreed and asked Commissioner Stinson if he had a proposal on how to prepare a list of common guidelines. She asked if Human Resource Director Berry could meet with individual Commissioners to discuss expectations. Commissioner Stinson agreed Ms.Berry would be able to assist in identifying common goals and suggestions. Mayor Reeves stated the Commission could ask Ms. Berry to come up with some suggestions based on the weaknesses to help the employee improve and set goals. Ms. Berry stated in her staff report she requested that the Commission identify and submit comments and recommendations for improvements to the process. She added the self-evaluations were a last minute process and suggested having those completed in advance next year. Commissioner Harding stated he spoke with the City Manager,City Clerk and Human Resource Director regarding the process. He agreed understanding more about the departments and having standardized goals and objectives would be helpful in solidifying the process. City Manager Van Liere explained he would like to have the opportunity to review his goals and objectives with each Commissioner and come up with a plan to address those issues. Commissioner Hill suggested placing the issue on a future roundtable workshop meeting agenda, within the next six months,to discuss the process. Mayor Reeves agreed it would be a good idea to place the issue on a future workshop agenda. He felt Human Resources Director Berry was in a difficult situation because she reported to the City Manager. He advised the AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 8 Commissioners that they are treated with the same confidences as other employees when they have discussions. Ms.Berry stated she is trained in keeping confidences. Mayor Reeves felt it was difficult for the City Clerk to report to five Commissioners. He stated Jacksonville Beach approved a Resolution for their City Clerk to report to the City Manager on a day-to-day basis. He asked Commissioners to consider the City Clerk's position. C. Discussion on forming the Tree/Beautification Committee including its charge, meeting frequency, and membership and give staff direction. Mayor Reeves suggested expanding the Tree Committee to make it a Tree and Parks Committee. The Committee could review the health and improvements of the parks. He recommended the Committee meet on a quarterly basis as an advisory committee to the City Manager and Commission. The Commission needed to review the Tree Ordinance and possibly create some violations for builders and those companies that remove and trim trees. He asked Commissioners to consider how many members they would prefer to appoint to the committee and how the members should be selected. Commissioner Waters suggested the Commission have a meeting with the purpose of each Commissioner proposing the appointment of two members each and have the proposed members tell the Commission what the committee should be responsible for and how many members it should have. She felt uniting the tree and a beautification committee was a great idea. Commissioner Hill believed the committee should meet more frequently than quarterly due to the possibility of large-scale issues. He preferred a regular type of committee appointed with members of various diverse backgrounds and property rights. He felt they needed to mindful of not creating a committee loaded with one side of the issue. He also preferred to name the committee the"Natural Resource Preservation Committee." He would like to establish the committee right away. Mayor Reeves liked Commissioner Waters's suggestion of creating an advisory group to make suggestions. He asked Commissioners to consider how many members they wanted to serve on the committee and how many each of them should appoint. Commissioner Waters also felt the tree committee needed to be established in a timely fashion. Commissioner Hill stated he did not have a problem allowing the Mayor to appoint three members. He asked Commissioner Stinson, Committee Review Chairman, if he was comfortable with forming an advisory committee. Commissioner Stinson felt there was enough interest in the community to establish an advisory board. The Commission needed to come up with a detailed mission for the committee. Mayor Reeves explained there was an advisory board for the CRA that gave recommendations to the Commission. He suggested having the City Manager appoint someone to lead the advisory board and bring a recommendation back to the Commission. Commissioner Hill stated the committee needed to have access to the City Attorney because property rights would play a large role. Commissioner Stinson stated other City committees have a staff liaison. He felt perhaps the City could appoint a staff member to serve in that role. City Manager Van Liere stated the Planning Department enforces the tree code so they would be most educated to serve as the liaison. It would probably involve the support of Public Works as well. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 9 Mayor Reeves asked each Commissioner to suggest two possible members for the tree committee at the September 26th meeting. Commissioner Stinson requested the City place information on the City's website to solicit citizens to apply to serve on the committee. Commission Waters offered her support for Mayor Reeves appointing three members to the committee as long as one of those members was John November. Mayor Reeves agreed, at the request of Commissioner Waters, that one of his three appointees will be John November. City Manager Van Liere requested the applicant's names be submitted to the City Clerk's office in an effort to eliminate duplicate applications. Mayor Reeves agreed. Commissioner Stinson requested having the discussion at the October 10th meeting due to the budget. Commissioner Waters suggested the deadline to submit applications to the City Clerk to be Friday,September 23rd. The City Clerk could then present them to the Commissioners at the September 26th meeting. The Commissioners would then submit their applicants at the October 10th meeting and vote to form the committee. Commissioner Harding asked if there would be a residency requirement for the committee. Mayor Reeves responded there is a residency requirement for Boards but he did not believe there was a residency requirement for committee members. Commissioner Hill stated there was not a residency requirement for the CRA members,some of those members were business owners. He would like to have a residency requirement for the committee but not for the formation committee. He asked the City Manager if business owners with an Atlantic Beach addresses could be considered. Mayor Reeves agreed with the recommended residency requirements. Consensus: THE DEADLINE FOR SUBMITTING APPLICATIONS WILL BE SEPTEMBER 23RD, THE APPLICATIONS WILL BE SUBMITTED TO THE COMIVIISSION ON SEPTEMBER 26TH FOR REVIEW AND THE COMMITTEE WILL BE ESTABLISHED AT THE OCTOBER 10TH MEETING. City Clerk Bartle confirmed applications for the initial committee will be solicited through the City's website and there are no residency requirements for the advisory committee but there will be a residency requirement for the tree committee. D. Safe Routes to Schools(a.k.a.The Sherry Drive Safety Walks Sidewalk) Mayor Reeves explained there was not a vote at the August 27,2016 Town Hall meeting and asked the City Attorney to clarify that there was no vote taken. City Attorney Durden advised that the Commission did not take a formal vote at the August 27th workshop meeting but they did reach a consensus. She explained workshop meetings were for reaching a consensus. Commissioner Hill stated that he appreciated the clarification but felt the Commission did take action at the workshop meeting by giving staff a directive. He agreed it was not a formal vote. He wanted to be careful about giving directions in the future. Mayor Reeves clarified this was no different from the Commission reaching a consensus at other workshop meetings. Public Works Director Don Jacobovitz explained the Safe Routes to Schools project stating the Commission did reach a consensus and there was overwhelming support from the citizens to move the project forward. The Public Works Department is ready to move forward with the Department of Transportation and the designer to proceed with the 60%plans. He would like to stop at that point and hold another Town Hall meeting to present those plans. They considered all the different routes to the school and the safest route is the one proposed. The route goes on the east side of Seminole Road down to Plaza and Sherry Drive. He received permission from FDOT to make revisions. He asked the Commission to move forward with the project within the original budget and give him AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 10 permission to allow the designer to design the project to the 60%plans on the east side of Seminole Road and Sherry Drive. Motion: AUTHORIZE THE PUBLIC WORKS DIRECTOR TO DIRECT THE PROJECT ENGINEER TO CONTINUE TO 60% PLAN COMPLETION STAGE OF THE SAFE ROUTES TO SCHOOL PATH. Moved by Stinson, Seconded by Waters. Commissioner Waters stated this project has been difficult because everyone desires a different path. She put a lot of weight on the recommendations of the school officials and the parents of the students. There might be ways to improve the safety of the path along Sherry Drive in the future. Commissioner Harding supported the project but still had legitimate issues he wanted to have addressed after walking the path on Sherry Drive. Some of these issues were identified at the workshop meeting. He stated they were under the assumption there was a two-foot required barrier between the sidewalk and the roadway surface. The presentation tonight showed a five-foot barrier for an eight-foot sidewalk,which he felt,needed to be explored. He asked if the Commission would have the opportunity to address issues and verify the required distance from the roadway. Mr. Jacobovich replied they could verify that and work with FDOT. He hoped the upcoming budget would provide some funding for sidewalks west of Seminole. Commissioner Hill felt the Commission should know the exact amount of money needed beyond the grant. He would propose the project not include any additional funding from the City. He would support shortening the route if necessary. He felt the proposed path was no safer than what currently exists. The width of the proposed path actually created a more concerning safety hazard and was more dangerous. He would like to see the drainage problem on Sherry Drive repaired and would spend all 900,000 to put the path on a 90-degree angle at whatever sidewalk exists on Sherry Drive on the right hand side. If the grant money can be used to repair those sidewalks, it would truly make a safer route,which would be a big improvement in safety. He felt the project served the least amount of citizens for the most dollars. Duplication of sidewalks and removing functioning sidewalk is unconscionable to him when there are areas that do not have sidewalks. He promised not to abandon the children in the worst part of the City,which is at the corner of Mayport Road and Atlantic Boulevard. The City needed to provide those children a safer environment in general. Commissioner Stinson stated the City received an email in March of 2013 from the architect planners requesting payment for preliminary work on the project. Therefore,the city has spent some amount of money on the project already. He asked Mr.Jacobovich if he had to get to the 60%design to have an idea of the total cost of the project. Mr.Jacobovich replied the 60%design would give him an idea of the cost of construction. Commissioner Stinson asked if FDOT required a five-foot buffer would the City be able to consider other routes. Mr.Jacobovich replied he did not think so because they will have expended too much effort at that point. There are ways to make it safer by using barriers or reducing the width of the path. If we do have to go five-feet away from the roadway,we would lose 3 feet of the 8-foot path making the path 5 feet wide. Commissioner Stinson asked Mr. Jacobovich to meet with Mr. Connelly regarding the FDOT grant requirements and discuss his concerns. He would like to know how much of the path would be pervious surface and how much would be impervious.He wanted to demonstrate to the residents that the City is holding itself to the same standard they hold the residents.He met with the Atlantic Beach PTA group that supported the project but could not be present tonight. They are concerned that the project may be derailed somewhere in the process. He complimented the public works department for doing a great job on the project. Mayor Reeves stated this has been a tough decision. He received over 30 emails from residents last night. Out of the 30 emails, only five opposed the project. He replied and asked them to provide him with two reasons why he should vote for or against the project. Most of them did not respond so he believed those residents were not familiar with the project. He recently spent some time paying attention to which routes the children were taking to get to and from school and noticed,they crossed the street more than once. He was concerned that the original amount of the grant started out at $777,400 and has been reduced to $687,635. He questioned what happened to the other $90,000. The Commission needed to make a decision and stop putting it off. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 11 Commissioner Hill felt the notification process was abnormal from the beginning. It was not the standard process for a Capital Improvement Project. He voiced concern that staff and professional people in the safety industry have not provided input regarding the risk of the children crossing Seminole Drive. He did not want the City to lose the grant money for the project but he thought the path was designed poorly and whoever designed it failed the community. Commissioner Stinson thanked Public Works for their hard work. Mayor Reeves asked if anyone would like to hear from staff. Public Works Director Jacobovich stated as the project moves forward he will be in contact with the designer to make sure every opportunity is taken to make the route as safe as possible. Mayor Reeves asked if there was any burden on the City that the project will cost above the $687,635 grant amount. Mr. Jacobovich replied the only obligation the City would have would be if they wanted to make additions that were above the budget. Roll Call Votes: Ayes: 5—Waters,Hill,Harding,Stinson,Reeves Nays: 0 MOTION CARRIED E. Selection of Audit Firm City Manager Nelson Van Liere explained the Audit Selection Committee reviewed the proposals,held interviews and recommended selecting Purvis Gray and Company with the stipulation that they will rotate partners on the job, not this year, but next year, in an effort to have a fresh set of eyes looking at the financial statements but still to retain Purvis Gray as our auditors for a four-year term plus the option for two additional one-year terms. Mayor Reeves thanked Commissioner Stinson for serving on the committee. Motion: AUTHORIZE THE CITY MANAGER TO ENGAGE PURVIS GRAY AND COMPANY FOR A TERM OF FOUR YEARS WITH THE OPTION TO EXTEND AN ADDITIONAL TWO,ONE-YEAR PERIODS,PER DOLLAR COST BID SUBMITTAL ATTACHED TO THE RECOMMENDATION. Moved by Stinson, seconded by Harding. Roll Call Votes: Ayes: 5—Harding,Hill,Stinson,Waters,Reeves Nays: 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 SEPARA 1'h DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT HEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. Mayor Reeves read the consent agenda title. Mayor Reeves stated he would like to pull Item 4A from the consent agenda for further discussion. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 12 A. Authorize the City Manager to sign the attached contracts with ABET,ABAA, Coastal Kicks Soccer and Tennis Professional Brecht Catalan for terms from October 1,2016 through September 30,2017. Mayor Reeves explained he received some emails regarding changes that were made at the children's theatre. It appeared the theatre had subleased the City's contract with someone else. All of the contracts require the other party to have liability insurance. There have many complaints about the tennis pro restricting hours on the courts for residents. He felt the Commission needed to take a stronger look the contracts being subleased. Commissioner Waters explained she has been involved with ABET since its inception.She supported the children's program and felt the City needed to find a way for both programs to operate. She agreed there were significant issues regarding the Tennis Pro contract. Commissioner Harding agreed with Commissioner Waters,stating the City's contract with ABET states the facility cannot be sublet,and if that is happening,then it is in violation of the terms of the contract.He would like the theatre to resolve the issues and accommodate both programs so they can coexist. He also had issues with the Tennis Pro restricting court use for the citizens. He agreed the contracts need to be reviewed. Commissioner Hill would like staff to review the concept of private/public partnership in general. The dog park arrangement has made him uncomfortable. All entities that look at the Commission for direction need to understand that the balance of community need will always win. ABET has been problematic as an entity before and he would like to remind them that they function on a City property and need to serve the City's needs first. He believes the contracts for the tennis courts and dog parks need a review. Commissioner Stinson emphasized the Adele Grage facility,the baseball field,the soccer field, the tennis courts, the basketball courts, the community center all belong to the citizens of Atlantic Beach. He explained the arrangement that ABET has with First Act and expressed concern about ABET cancelling the children's program just a few days before it was supposed to begin. He explained his plans to meet with the parties to resolve the tennis issues and the theatre issues. He asked for support to defer the contracts for ABET and the Tennis Pro until the October 10th meeting in order to negotiate a way for them to coexist. Motion: DEFER THE ABAA AND COASTAL KICKS CONTRACTS UNTIL SEPTEMBER 26TH AND TO DEFER ABET AND THE TENNIS PRO BRECHT CATALAN'S CONTRACTS UNTIL OCTOBER 10TH. Moved by Stinson, seconded by Waters. Commissioner Waters urged the parties to come to the table and negotiate. Mayor Reeves asked when did we last receive financial statements from these organizations and are they required to provide it on a yearly basis. City Manager Van Liere explained that the Recreation and Special Events Director has been receiving the financial information and insurance documentation annually. Mr. Johnson confirmed that that was correct and added they also have schedules for their exclusive use. Mayor Reeves asked City Manager Van Liere to provide copies of the financial statements and insurance documentation as well as recommendations regarding the rates. Commissioner Stinson reiterated his motion and believes there is language that needs to be added to the contracts which is another reason to defer them. Commissioner Hill felt the Commission as a group should have a mechanism in place to go after big problems instead of sending in individual Commissioners to try to handle them and suggested having the City Manager take the lead on the issues. Mayor Reeves explained that each Commissioner should be able to get involved in anything they fell is important. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 13 Commissioner Stinson was comfortable having individual discussions but he was willing to do what the Commission felt was best as a group. Commissioner Hill explained that he would feel more comfortable if Commissioner Stinson spoke as an individual Commissioner during the meetings and then bring it back to them as a voting subject matter. Commissioner Stinson agreed that was okay with him. Commissioner Waters stated she would like to review the non-profit to see if they are serving children or citizens that cannot afford to pay for lessons. She thought there might be more people in the community that could be served in exchange for some court time. Mayor Reeves agreed and believed there are people that would volunteer tennis lessons to children. Roll Call Votes: Ayes: 5—Hill,Stinson,Waters,Harding,Reeves Nays: 0 MOTION CARRIED Commissioner Stinson thanked Mr.Johnson for meeting with him. B. Authorize Insituform Technologies, LLC to install cured-in-place pipe (CIPP) for the FY16 Sewer Rehabilitation Project in the amount of$206,703.65,using specifications and pricing in JEA Contract No. 152566 and authorize the City Manager to sign the contract with Insituform Technologies,LLC. City Manager Van Liere advised a paragraph will be added to contracts in accordance with legislative updates regarding public records and this contract will be amended to include it. City Attorney Durden explained the State amended the law effective July 1st that any contracts for services or amendments to contracts for services must contain specific language. The language consists of three paragraphs and four subparagraphs. The essence of the amendment is if the entity has a contract to provide services that entity must comply with the public records laws and provide that service to us. Motion: TO ACCEPT CONSENT AGENDA ITEM B AS AMENDED. Moved by Waters, Seconded by Harding Discussion ensued about the new requirement. Roll Call Votes: Ayes: 5 Hill,Stinson,Waters,Harding,Reeves Nays: 0 MOTION CARRIED 5. Committee Reports A. Appointment to the Cultural Arts and Recreation Advisory Committee Commissioner Stinson explained the recommendation of the Board Member Review Committee to appoint Marina Kaplan to serve on the Cultural Arts and Recreation Advisory Committee and he reported she is currently residing in Atlantic Beach. Motion: APPOINT MARINA KAPLAN TO SERVE ON THE CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE BEGINNING IMMEDIATELY AND ENDING JULY 8,2018. Moved by Stinson, Seconded by Hill Votes: Ayes: 5—Harding,Hill,Stinson,Waters,Reeves Nays: 0 MOTION CARRIED AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 14 6. Action on Resolutions/ None 7. Action on Ordinances A. Public Hearings and First Reading on Adoption of a Tentative Millage Rate and Ordinance No. 20- 16-140 establishing the Operating Budget for fiscal year 2016/2017. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEP 1'EMBER 30, 2017. Item 7A was taken out of sequence and acted on earlier in the meeting. B. Ordinance No.90-16-225,Public Hearing and Final Reading AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE REPAIR/HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED COMMERCIAL LIMITED("CL"), COMMERCIAL GENERAL("CG")LIGHT INDUSTRIAL AND WAREHOUSING ("LIW') OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING PROHIBITION AND SUSPENSION OF SUCH ZONING AND PERMITTING APPROVAL WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT;AND PROVIDING AN EFFECTIVE DA 11,. City Clerk read the Ordinance by title only. City Attorney Brenna Durden explained the Ordinance was properly noticed. Motion: TO ADOPT ORDINANCE NO.90-16-225 ON FINAL READING. Moved by Hill,seconded by Waters. Mayor Reeves opened the public hearing. No one in the audience spoke,so Mayor Reeves closed the public hearing. Roll Call Votes: Ayes: 5—Stinson,Waters,Harding,Hill,Reeves Nays: 0 MOTION CARRIED C. Ordinance No.20-16-141,Introduction and First 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 ADDITIONAL FUNDS IN THE LEGAL SERVICES DIVISION,AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. City Manager Van Liere explained the Ordinance. Motion: APPROVE ORDINANCE NO.20-16-141 AS READ. Moved by Harding, Seconded by Stinson. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 15 Discussion ensued about legal expenses.Mayor Reeves stated that the public hearing is scheduled for the September 26th meeting. Roll Call Votes: Ayes: 5—Waters,Harding,Hill,Stinson,Reeves Nays: 0 MOTION CARRIED 8. Miscellaneous Business(Discussion only) A. LIUNA Local 630"Blue Collar"Union Negotiations 2016-2018 Contract Human Resource Director Cathy Berry explained the entire contract was renegotiated this year and the main items that were changed are included in her staff report. Commissioner Stinson and Mayor Reeves complimented and thanked Ms.Berry for how she handled the process. B. Coastal Florida Police Benevolent Association (PBA)Negotiations 2016 Human Resource Director Cathy Berry explained this contract was fully negotiated last year. She reported that this year they opened wages and will work together over the upcoming year to create a career path for sergeants. Consensus: MOVE ITEMS 8A AND 8B FORWARD TO'I'IH NEXT AGENDA. C. Audit of Seminole Road Paving Project City Manager Van Liere explained Commissioner Stinson requested an information report to review the costs associated with the Seminole Road paving project north from five-points to Hanna Park and explained it is for information only. Mayor Reeves asked how long it will take to complete the striping. Public Works Director Jacobovich explained they usually wait 30 days before installing the thermo plastic, but we are currently waiting on the contractor to return from South Carolina. Commissioner Stinson explained why he requested the audit and thanked the City Manager for addressing the report. 9A. 90-Day Calendar(September 2016 through November 2016) City Manager Van Liere explained the calendar as follows: A CRA workshop meeting will be held on September 26th and the final report will be provided for the agenda. The Annual Board Member Reception is scheduled for Thursday, September 29th at 6:30 pm and requested that the Commission let Ms.Calverley know whether or not they plan to attend the event. A Town Hall meeting is scheduled for 10:00 am on Saturday, October 15th at the Jordan Park Community Center. Discussion ensued about the whether there should be a particular topic at the meeting.Commissioner Harding stated he would get with the City Manager about a topic since it is in his district. Commissioner Hill stated the Commission has not had a planning session to discuss the City's overall direction.Mayor Reeves suggested focusing on that in November. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 16 City Manager Reports: He explained he received confirmation from Chief Deal that he did get the position in Winter Park. He stated he will be missed and congratulated him. He explained Commander Vic Gualillo will serve as Interim Chief during the search process to fill the Police Chief/Public Safety Director position. Mayor Reeves asked what date Chief Deal would be resigning. City Manager Van Liere replied his last day will be October 3,2016. Commissioner Hill suggested increasing Commander Gualillo's compensation while he serves as Interim. City Manager Van Liere replied he would be compensated with"out of position pay." Mayor Reeves reported that Chief Deal will be at the next meeting on September 26'h. Commander Gualillo gave a debriefing to the Commission on the actions of the Police Department and the Public Works Department before and after Hurricane Hermine. Mayor Reeves thanked everyone in the City for their actions before and after the storm. Mayor Reeves thanked staff for doing a great job and being prepared for the storm. Mr.Van Liere thanked the Commissioners for taking the time to rate and make comments on his job performance. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle City Clerk Bartle thanked the Commissioners for completing her job performance evaluation. She added that she has met with Mayor Reeves and Commissioner Stinson to review their ratings and comments. She looks forward to meeting with the other Commissioners. City Attorney Durden reported on the following matters: • Adeeb Case: The Court denied the temporary injunction. The City has filed an answer in the complaint case. Mr. Adeeb filed an amended petition and the City has filed a motion for clarification. • The Cloister Case: The association filed an amended petition. The next step is for the judge to issue an order allowing the City to reply. • The City received a subpoena for the Building Official in regards to the Via Mare condominium project. The deposition is scheduled for Wednesday, September 14th and Dan Arlington will be deposed that day. The subpoena also called for a large number of public records. She thanked the Commission for their trust and confidence in her abilities as City Attorney. She looks forward to speaking to each of the Commissioners to discuss the evaluations and to find consensus for goals for the coming year. Commissioner Waters Commissioner Waters reminded everyone that Saturday, September 17th is the Beaches' Town Center Agency's Tour of Homes. She thanked Commissioner Stinson for going out of his way to make a point of complimenting staff and thanking them for their work and she believes it helps set a tone that we should all emulate. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 17 Commissioner Harding Commissioner Harding thanked the City Manager and Public Works Director for their actions and preparation for Hurricane Hermine, stating their preparations were very effective. He reported he attended the Emergency Management Table Top Exercise and explained the general consensus was that we were very prepared. He attributed the success to Mayor Reeves and Commander Gualillo for their involvement at the EOC and for disseminating the information back to us. He represented the City at the Atlantic Beach Elementary School Flag Ceremony. He will be attending the Florida League of Cities monthly dinner meeting in Palatka on September 15th. He would like to the see the City Manager attend some of those meetings to network on behalf of the City. Commissioner Hill Commissioner Hill wants the hole on Mayport Road repaired quickly. He explained how the storm was a great opportunity for the City to train and be prepared. He reported he had a 40- foot palm tree fall on top of his golf cart. He indicated he saved the broken ends so he would not be accused of cutting down the tree and felt that might be something to add to the Tree Ordinance. He asked the Police Depai intent to conduct a massive awareness campaign about car burglaries. He mentioned that it was brought up that staff often feels under attack when speaking at Commission meetings. He explained to staff that they are appreciated and the Commission has their back. He appreciates staff for understanding and putting up with it and for the City Manager bringing it up at the Roundtable meeting. Commissioner Stinson Commissioner Stinson wished Chief Deal the best. He thanked the City for having such a visible focus on emergency management. He stated it has been 15 years since 911 and as he was picking up flags at the Rotary Club, it reminded him that it is a great privilege to be an American. Mayor Reeves Mayor Reeves stated he will also be attending the Florida League of Cities dinner meeting in Palatka and encouraged other Commissioners and City Manager to attend as well. He reported he has been appointed to serve on the FLC State Legislative Committee. He thanked everyone for attending the Town Hall meeting last Saturday and believes it has made a difference. He reported he will represent the City at the Atlantic Beach Country Club for the Web.com tour and he explained the event. He thanked the Police Department for their help. He reported this year is the 90'h Birthday of the City and there will be an exhibit at Adele Grage the month of December. He asked Commissioners and key staff to submit their bios to be put on the City's website. AMENDED ITEM 1B SEPTEMBER 26,2016 September 12,2016 REGULAR COMMISSION MEETING Page 18 He thanked the City Manager, City Clerk and the City Attorney for their comments about the evaluations. He asked City Manager Van Liere to provide details on the process of hiring a new Chief.Mr.Van Liere stated the Commission's involvement would be when he brings his appointee before the Commission for confirmation. He explained the process he plans to use. He thanked the Commission for coming to a decision on another tough issue. Adjournment There being no further discussion,Mayor Reeves declared the meeting adjourned at 11:17 p.m. ATTEST: Mitchell E.Reeves Mayor/Presiding Officer Donna L.Bartle,CMC City Clerk