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Item 1C- Draft Commission Minutes 10-24-16IN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING October 24, 2016 CITY HALL, 800 SEMINOLE ROAD City Attorney Brenna Durden City Manager Nelson VanLiere AGENDA ITEM 1C NOVEMBER 14, 2016 Mayor Mitchell E. Reeves Mayor Pro Tern Jimmy Hill Commissioner Harding Commissioner John Stinson Commissioner M. Blythe Waters City Clerk Donna L. Bartle Recording Secretary Dayna Williams Invocation and pledge to the flag Commissioner Waters gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:33p.m. Mayor Reeves explained the process for public comments for the Courtesy of the Floor to Visitors. 1. A. Approve minutes of the Regular Commission Meeting of September 26, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections to the minutes. Motion: Approve the Minutes. Moved by Stinson, Seconded by Waters Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors A. Representatives from FEMA-Brenda Gustafson, Intergovernmental Affairs Specialist and W Montague Q Winfield, Major General, USA (Retired), Director & Federal Coordinator, National Preparedness Division. Mayor Reeves recognized Jacksonville City Councilman for District 13, Bill Gulliford. Councilman Gulliford stated he is introducing emergency legislation to advance the funding of $7.5 million to the Corps of Engineers, along with authorizing the Mayor to execute the Memoradum of Understanding that the Corps has given to us to implement Duval County Beaches Dune Reparation. He is hoping we will pass this, as we have no assurance the Federal Government or the State will reimburse us. He stated the City Council Meeting will be held tomorrow at 5:00p.m. and encouraged the Commissioners to attend. He stated he would be happy to answer any questions at this time. Mayor Reeves suspended the rules of Comiesy of the Floor for Councilman Gulliford and for FEMA to allow the Commissioners to ask any questions they might have. AGENDA ITEM 1C NOVEMBER 14, 2016 October 24, 2016 REGULAR COMMISSION MEETING Page2 Mayor Reeves opened the floor for discussion. Commissioner Hill stated he would be unable to attend the meeting as he will be· out of town. He commented on our commitment as a community to the protection of our dunes with vegetation and foliage and the benefit it provided during this event. Mayor Reeves stated he is planning to attend the City Council Meeting tomorrow at 5:00p.m. and asked which Commissioners will be in attendance. Commissioner Stinson, Commissioner Harding and City Manager Van Liere said they are planning to attend. Commissioner Stinson commented on the beach entrances and the dunes that washed away. He noted the ones that have paths through the dunes, as opposed to those with boardwalks over the dunes, sustained much heavier damage and asked Councilman Gulliford if there were any conversations about restoring those or building more of the boardwalks. Councilman Gulliford said they had not gotten that far yet, but he agreed the crossovers provided better protection. He talked with a coastal engineer, Kevin Badge, about a better design for the dune entrances and Mr. Badge said there is some potential design work that could be done. Commissioner Waters thanked Mr. Gulliford for serving the beach community so well. Mayor Reeves moved Item 6A. Item 6A was taken out of sequence and acted on at this time. 6. Action on Resolutions A. Resolution No. 16-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING THE EMERGENCY APPROVAL BY THE CITY OF JACKSONVILLE OF ORDINANCE 2016- 720 AUTHORIZING THE APPROVAL OF AGREEMENTS WITH THE U.S. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS TO IMPLEMENT DUVAL COUNTY BEACHES DUNE REPARATION; REQUESTING EMERGENCY PASSAGE UPON INTRODUCTION; PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Resolution by title. Motion: Adopt Resolution No. 16-06 as read by title. Moved by Stinson, Seconded by Harding Mayor Reeves opened the floor for discussion. City Attorney Durden stated according to Section 219 in the Code the first motion would be to take it up as an emergency to allow it to be taken up as an emergency, and then the second motion would be to take up the resolution itself. Commissioner Stinson withdrew his motion. Commissioner Harding withdrew his second. Motion: Approve Resolution No. 16-06 as an Emergency Resolution. Moved by Waters, Seconded by Hill October 24, 2016 REGULAR COMMISSION MEETING There was no discussion. Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Motion: Adopt Resolution No. 16-06 as read by title. Moved by Stinson, Seconded by Harding There was no discussion. Roll Call Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED AGENDA ITEM 1C NOVEMBER 14, 2016 Page3 Mayor Reeves recognized the FEMA representatives and asked them to state their name and title. He reiterated that he is suspending the rules to allow the Commissioners to ask any questions they might have. Brenda Gustafson, Intergovernmental Affairs Specialist with FEMA. Q. Winfield, Director for Federal Preparedness for the Southeastern Region of the United States, but here for this disaster, he is Serving as a Liaison for Duval County. Mr. Winfield stated this aftemoon the President approved a Declaration for Duval County. He stated they normally set up a site, called a DRC (Disaster Recovery Center), and explained the process going forward to provide assistance to the survivors. Ms. Gustafson stated a press release will be issued to the public tomonow instructing residents how to apply to FEMA for assistance. She provided a toll free number for residents to call (1-800-621-FEMA) or go online to DisasterAssistance.gov. She encouraged residents to register as soon as possible. Commissioner Stinson stated he met with Ms. Gustafson last week and they discussed how to get this information to the residents and she spoke highly of the FEMA Mobile App. He asked her to elaborate on the app and explain what it allows FEMA to do with the information submitted by citizens. She gave a detailed explanation of the features and advantages of the app. Commissioner Stinson asked if they could speak to how well the City responded, where we could improve. Mr. Winfield stated the Govemor looked at what we did well, where we were lacking, in an effort to be better prepared the next time there is some type of emergency. He stated they discussed a couple of areas. One was sheltering, which we did extremely well, and second, the evacuation process, which seemed to go smoothly other than some traffic slow downs. He stated the county did extremely well overall. He stated we were able to get residents back into their homes quickly. Mayor Reeves asked how we could assess the losses and damage in a better fashion. Mr. Winfield stated the faster we can assess, the faster we can assist. He suggested we could improve how we collect the data by having a system where people can call in to a central location to repmi damages and losses. Commissioner Waters stated, in previous disasters, one of the hardest hit group of residents has been those that are less mobile, elderly, infi1m, those dependent upon public transportation, and the beaches October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 4 depend on JTA for their public transportation. She asked if they could speak to how we did addressing the needs of those who use public transpmiation or who needed aid or assistance to get to shelters. Mr. Winfield stated he did not have an oppmiunity to see that first hand, however, he saw the results and our plan worked well. Commissioner Hill asked what is available to small businesses who have suffered losses. In particular, he addressed a big event we had planned for the City (Web.com Tour) that was shut down due to Hun·icane Matthew. He stated it would have a significant impact on our community if it becomes an annual event, and he is looking for ways we could help them. Mayor Reeves stated those organizations have insurance to cover unforeseen losses. Mr. Winfield said if our City gets public assistance that is a great question to ask. Mayor Reeves opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Chris Jorgensen, 92 W. 3rd St., commented that putting rocks behind the dunes may be beneficial. He was glad to see the second TV in the Chamber. He agreed with a comment he heard from FEMA that the City should have a more aggressive tree pruning or trimming program. He thanked Fire and Rescue for handling his neighbor with a serious medical issue. Steven Fouraker, 387 6th St., thanked the City, Police, Public Works, the City Manager and the Mayor for doing a great job. He said our City drained so well, he is impressed. He thanked Commissioner Stinson and Commissioner Hill for their astute observations on the dunes and the crossovers to the beach. Patrick Fontaine, 31 Royal Palms Dr., asked why it was taking so long to pick up the debris and he thanked the Police for protecting their neighborhood when the power was out. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Major Public Works Projects FY15/16-Year End Status Repmi and Recreation Programs Special Events Report for August 2016. B. Award the contract to Beachcombers Nmih, Inc. for Beach Cleaning Services (Bid No. 1617-02) for a total annual cost of$29,618.98. C. Extend the annual contract for Janitorial Services for City Facilities (Bid No. 1213-06) for one final year at the current prices, term being October 1, 2016 to September 30, 2017, and rebid the contract in June of2017. D. Approve the revised Interlocal Agreement among the City of Jacksonville, City of Atlantic Beach, City of Jacksonville Beach, City ofNeptune Beach and the Commander, AGENDA ITEM 1C NOVEMBER 14, 2016 October 24, 2016 REGULAR COMMISSION MEETING Page 5 U.S. Naval Station Mayport, U.S. Navy and Commander, Naval Station Jacksonville, U.S. Navy for Conduct of the Sea and Sky Spectacular and authorize the City Manager to sign the agreement. E. Extend the contract for Street Sweeping and Vacuuming (Bid No. 1213-01) with USA Services of Florida, Inc. for one year at the current prices with the te1m being November 1, 2016 through October 31, 2017. F. Award Bid No. 1617-01: Repair of Electrical Motors and Pumps to Moline Electric for a term of 5 years, with an option to cancel after the 3rd and 4th year. G. Approve the Memorandum of Understanding between the City of Jacksonville and the City of Atlantic Beach for the Joint Operation of Dutton Island Preserve and authorize the Mayor to sign the Agreement. H. Authorize the City Manager to enter into a new one-year agreement with Langton Associates, Inc. for Grant Writing Services with the term being October 1, 2016 through September 30, 2017. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner would like to pull an item from the Consent Agenda for discussion. Commissioner Stinsonpulled Items B, E, and H. Commissioner Hill pulled Items B, E, F, and H. Motion: Approve Consent Agenda Items A, C , D & G as written. Moved by Stinson, Seconded by Hill There was no discussion on these items. Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED Mayor Reeves opened discussion for Item B. Commissioner Stinson questioned the large discrepancy in bid amounts between the three bids received. City Manager Van Liere explained the last time this was bid out we had four other bidders that came in about the same price as the low bidder. He stated the other two bidders are new to us and he does not feel they understood what they were bidding. Commissioner Stinson asked if we were satisfied with the services of Beachcombers North. City Manager VanLiere stated the staff is satisfied that they perfmm their job very well. Mayor Reeves discussed changing the way the bid specs are written so the job description is clearer. Discussion ensued. Motion: Approve Consent Agenda Item 4B. Moved by Stinson, Seconded by Harding Votes: Ayes: 4-Harding, Stinson, Waters, Reeves Nays: 1 -Hill MOTION CARRIED October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page6 Mayor Reeves opened discussion for Item E. Commissioner Stinson stated he has received complaints from citizens about the quality of work the contractor is doing. Mayor Reeves stated he has followed the truck and all they are doing is stirring up dirt and putting it back through the system. Public Works Director Don Jacobovitz concurred they do have problems spewing out dust or mud and stated he discussed the complaints today with the operations manager of USA Services of Florida, Inc. He stated the operations manager conceded that they do have problems when dealing with Miami Curbs,; it is not as efficient. Commissioner Hill asked to pull this item, as he is displeased with the quality of the job perfmmed and this is the third or fourth year he has had this same conversation. He stated he would be quieted if Mr. Jacobovitz could give him a tonnage or poundage of material removed. Mr. Jacobovitz stated he does not have the numbers of the tonnage, but it is a large amount. Mayor Reeves asked when their contract expires, and City Manager VanLiere stated October 31, 2016. Motion: Approve consent Agenda Item 4E. Moved by Waters, Seconded by Stinson Votes: Ayes: 4-Harding, Stinson, Waters, Reeves Nays: 1 -Hill MOTION CARRIED Mayor Reeves opened discussion for Item F. Commissioner Hill asked if this was a local company and Mr. Jacobovitz stated yes. Motion: Approve consent Agenda Item 4F. Moved by Waters, Seconded by Harding Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED Mayor Reeves opened discussion for Item H. Commissioner Stinson asked the City Manager to comment on the amount we are paying a contractor to submit and apply for grants versus the dollar amount of grants that we have received. City Manager Van Liere stated the $36,000.00 that they provide services for has paid for itself this year. He explained it is a task that goes across departments and it helps to have them focused on it with their expertise. Discussion ensued. Motion: Approve consent Agenda Item 4H. Moved by Stinson, Seconded by Waters Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED October 24, 2016 REGULAR COMMISSION MEETING 5. Committee Reports A. Appointments to the Code Enforcement Board AGENDA ITEM 1C NOVEMBER 14, 2016 Page7 Commissioner Stinson reported that the Board Member Review Committee (BMRC) met on Monday, October 17, 2016 to address the four vacancies (three regular members and one alternate member) on the Code Enforcement Board. He stated the Committee recommended reappointing Louis Keith and Richard Lombardi and appointing Ellen Glasser as a regular member and Mike Paschall as an alternate member for terms beginning immediately and ending September 30, 2019. The following day, Mr. Paschall notified the City Clerk Donna Batile to withdraw his application. Motion: Approve the appointments to the Code Enforcement Board as discussed. Moved by Waters, Seconded by Hill There was no discussion. Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED 6. Action on Resolutions A. Resolution No. 16-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING THE EMERGENCY APPROVAL BY THE CITY OF JACKSONVILLE OF ORDINANCE 2016- 720 AUTHORIZING THE APPROVAL OF AGREEMENTS WITH THE U.S. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS TO IMPLEMENT DUVAL COUNTY BEACHES DUNE REPARATION; REQUESTING EMERGENCY PASSAGE UPON INTRODUCTION; PROVIDING AN EFFECTIVE DATE. (This item was taken out of sequence and acted on earlier in the meeting.) 7. Action on Ordinances None. 8. Miscellaneous Business (Discussion only) A. Waiver No. 16-SAFW-241-Request for Waiver to allow a Finish Floor Elevation of 6.75 ft, in lieu of the minimum 7.5 ft. as required by City Code, Section 24-251(c), at 1201 Gladiola Street. Chief Building Official Dan Arlington explained the waiver request. Commissioner Harding asked if the finished floor elevations are included in the original documents submitted to the City for approval and did the building department miss the discrepancy in the original plans. Dan stated yes, they are included, and, no, it was not missed, we actually requested the 8.5 elevation and explained the pennit was subject to that elevation, which he (the contractor) agreed to. Commissioner Harding asked, during any pati of the inspection do we check to make sure they are within the specifications that were submitted in the original plans. Mr. Arlington stated we should have checked it though it is not required for us to check it because the contractor has been told what it should be. Mr. Arlington said we check it at the end, as an elevation certificate is required at the end to verify the 8.5. October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Mayor Reeves asked do we inspect when they start building the floor or do we wait until they finish. Page 8 Mr. Arlington explained the best practice of the City would be to ask for a survey at that time, but we failed to do that. Commissioner Hill asked where we are in the construction phase and is it owned by the contractor. Mr. Arlington stated it is finished and has been sold. Commissioner Hill asked if the buyer is aware of the conflict and Mr. Arlington stated yes. Scott Putnal, Right Angle Builders, 12436 Ft. Caroline Rd., contractor for the construction of the finished floor. Mayor Reeves asked Mr. Putnal, did he not submit a signed affidavit showing that he knew and would build to the correct elevation of 8.5 and, if so, explain why it is not 8.5. Mr. Putnal stated it was a gross oversight on his part. Mr. Putnal stated the house closed this past Friday and the homeowner has already secured flood insurance. Mayor Reeves asked if it was declared at closing to the mortgage company and the owner that this house could require a waiver. Mr. Putnal stated yes, it was disclosed to the buyer's power of attorney that there has to be a waiver. Mr. Putnal stated if he does not get the waiver he will lose his business. Discussion ensued. Commissioner Hill stated, going forward, something needs to be tied to the deed/contract to be certain the purchaser is aware of the issue and will not hold the City liable. He asked the City Attorney what mechanism might be used to put this in place. City Attorney Durden stated she would be glad to review the closing documents and determine whether or not it would be appropriate for the purchaser to aclmowledge that they understand what the requirements are, that they understand about the flood insurance and that they would release the City of Atlantic Beach from any responsibility if the waiver was granted. She stated our Code does allow for a waiver of this section, very specifically, in Section 24-191, so the City Code authorizes or creates an opportunity for a waiver if the Commission sees it to be proper. Commissioner Stinson asked for feedback from city staff as to how we are going to prevent this from happening again. Commissioner Waters asked Mr. Arlington how he could help the Commission not have to grant any more waivers such as this. Mr. Arlington explained when he first started in 2013 he saw that it was not included in our written policy to request a survey, so he sent out a memo stating we should request a survey at that point in construction. He said it is a written policy, it is not required, but it is best practice. He suggested we could utilize our new software, TRAKiT, to put a hold in the procedure to flag it at the slab inspection. Commissioner Waters asked if our current ordinance might be better written, or should we implement other changes to ensure better checks and balances. Stinson recommended the City Manager and staff should incorporate it in their procedures. Commissioner Harding commented that we already have established a policy for this procedure and we missed a step in the policy. He stated we must ensure that this does not happen in the future. Consensus: Move item forward to a public hearing on November 14, 2016. City Attorney Durden requested Mr. Putnal provide her with a complete closing package from the closing that occurred on Friday. Mr. Putnal agreed to give a copy of it to the City Manager and he will see that she receives it. 9. City Manager A. City Manager's Report. 90-Day Calendar (October 2016 through December 2016). City Manager VanLiere reported that he would like to add an item to the calendar. He stated Thursday, November 1oth at 3:00 p.m. in Russell Park, we plan to unveil the first Atlantic Beach Historical Marker. October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page9 He stated this was requested for Camp Atlantic Beach. He explained we had an application with the state and they finally approved it, made the marker and we now have it. City Manager VanLiere asked Public Works Director Don Jacobovitz, to give a briefing on where we are with debris pickup. B. Hurricane Update Don Jacobovitz addressed the delay in debris pickup. He explained pali of the delay was because we had to wait until FEMA declared it a disaster. He stated we had already stalied discussions before the hurricane to hire Ceres Environmental Services, who is our contractor. We had a contract in place with them, we just had to give them notice to proceed, which began Monday, October 1 01h. He explained we have been publishing a map every day showing where they have gone in the City. He stated another issue that came to light the very first day was the bagged debris, which the contractor picked up and took to the temporary debris site. The first load they took to the site with bags in it, the manager of the site made them open all the plastic bags and not bring any more plastic bags to the debris site. Mr. J acobovitz stated in over twenty-five years of picking up debris this is the first time he has seen that they did not allow bagged debris. He stated J. B. Coxwell, who is running the site, did not want contaminated mulch, so they disallowed bagged debris throughout the county. Mr. Jacobovitz stated the easy answer was to have Advanced Disposal remove the bagged debris, however, the City pays for it, and our goal is to pick up the bagged debris at the least cost to our residents and be reimbursed by FEMA. Discussion ensued. Commissioner Stinson asked Mr. Jacobovitz to address complaints that Public Works was picking up parks before the residents. Mr. Jacobovitz stated because it was a safety concern, as citizens are still using our parks in spite of areas we had taped off because they were unsafe. Discussion ensued. Mayor Reeves wanted to go on record that he is not receiving special treatment, he still has stuff in front of his house. Mayor Reeves stated he had discussions with Mayor Cuny when Mr. Jacobovitz could not get a response from Will Williams and people at the plant about whether they would take bags or not. Mayor Reeves stated his conversation with them was that there was a conflict about not having a contract to grind up the debris that we were hauling to Girvin Road, so they stopped taking our stuff. Mr. Jacobovitz stated they stopped for one night. He stated, when we first stalied on October 101h, he contacted Public Works in the City of Jacksonville and they said it was fine with the City of Jacksonville if the landfill would accept it. He called the landfill and they said fine, just haul it here. He stated we were hauling it for about 1 0 days and then someone figured out that we did not have our contract in order with them, they had given us the verbal permission to do it, but not the contract in place. Mr. Jacobovitz stated we had to get a piggyback contract to use the City of Jacksonville's contract with Coxwell to accept it at the temporary debris site to grind it. Mayor Reeves asked what is the dollar amount of the piggyback contract. Mr. Jacobovitz stated the terms were up to $500,000, which is the same amount we had given our hauler. Mayor Reeves stated he just wanted to make sure we are doing this legal and wanted to ask the City Attorney. He stated we were not under an emergency declaration and we have just entered into a half a million dollar contract with a contractor, with no bid, nothing. He stated the City Manager has the authority to sign any contracts or make purchases of$25,000 or below. He asked City Attorney Durden ifwe are legal in this contract or do we need to call a special meeting emergency action to approve this contract. October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 10 City Attorney Durden stated she has not seen any of the documents to which he is referring. She has not seen the emergency declaration, she has not seen the contract and therefore she cannot speak to the matter. Mayor Reeves stated he did not wish to stop the debris pickup, but wants to make sure that legally the City has not violated any state law of signing a half a million dollar contract that has not been approved by this Commission in any process. City Attorney Durden stated she would be glad to look at the documents, but it would be irresponsible of her to answer the question. Mayor Reeves asked the City Manager to explain this. City Manager Van Liere stated, in the years that he has been here, in the purchasing part of our Code of Ordinances, when there is an emergency he can exceed the $25,000. It does not mean an emergency declaration, like for FEMA. He read from the City Code of Ordinances, Sec. 2-3 3 8 (1) Scope of purchasing authority. He stated these are things that are also exemptions to the bid process and when there is an exemption to the bid process for emergencies, he has the authority to do that. He stated we typically come back and report to the Commission what we have done and this has been used many times and he gave examples. He reiterated, not because of an emergency declaration for a storm, but a city emergency. Mayor Reeves stated he understands that, he knows the difference. He stated he is still concerned that the City Manager has the authority to obligate the City to a half a million dollars, adding, if we do not get reimbursed, that is a lot of money. He stated, in his opinion, he believes some kind of special meeting should have been called and at least infonn the Commission that this was going to happen. A lengthy discussion ensued .. Commissioner Hill suggested the Mayor make a motion to declare an emergency so we can move on from this. Mayor Reeves stated he needed legal advice if we can even do that. Discussion continued. City Manager Van Liere stated he felt that what he has done is okay, and suggested the Mayor make a motion to authorize the City Manager to enter into a contract with J. B. Coxwell piggybacking on the City of Jacksonville not to exceed $500,000, which is basically what he signed. Mayor Reeves asked the City Attorney if it is okay to do that after the fact; he needs some legal advice. City Attorney Durden stated a contract can be brought forward after it has been entered into and ratified by the City Commission, if the City Commission chooses to do so. She referred to a copy of the Proclamation declaring the State of Emergency that the City Clerk passed over to her and she questioned whether it had been executed, which it was explained that the original one was. City Attorney Durden asked if there was another Proclamation that terminated the emergency and Mayor Reeves stated he sent an email to the City Clerk on October 13th to notify the Commissioners that the emergency declaration would be lifted at noon tomorrow, October 14th. Mayor Reeves stated Commissioner Hill made a very good point that we could declare an emergency, but the City Manager should come back to us, he does not have a contract, we do not have the back up, and he wants to be transparent. Mr. Jacobovitz stated we have a contract, a copy of the one Jacksonville properly put out, advertised and awarded. City Attorney Durden stated if she was provided with the contract in conjunction with the provisions in our Code, she could provide an opinion. City Manager Van Liere stated, because this is on a reimbursement basis, we will eventually need to do a budget ordinance to fund these contracts. He stated he has spoken with Jacksonville Beach and they have not done that either, but technically we will need to have an appropriation as well. In the effmi to October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 11 move quickly, that is why we piggybacked and gave them notice to proceed and he believes we are covered. Commissioner Hill stated, in lieu of spending additional time doing legal research to find the quickest way through it, we could make a motion to authorize these contracts. He stated we know we want the garbage picked up, we know there is a set fee, we are not going to get a bargain, and he feels we should do the most expedient action. Mayor Reeves stated he is still concerned about making a motion that might be in violation of the law. City Attorney Durden stated the Commission is allowed to enter into contracts for the collection of debris, that is not unlawful. Motion: To ratify the contract the City Manager has entered into on behalf of the City for debris and waste removal following Hurricane Matthew in the amount up to $500,000. Moved by Waters, Seconded by Hill (No vote was taken on this motion.) Mayor Reeves stated, before we do this motion, are we required to have a motion to suspend the rules because this was not on the agenda. Commissioner Hill asked if they should address the other contract with Ceres Environmental for $500,000. Commissioner Waters stated that contract is already in place; it is done. City Manager Van Liere commented that we also have the contract for the debris monitoring with DebrisTech not to exceed $100,000. He stated it is piggybacked with Jacksonville Beach. Mayor Reeves asked if we need to suspend the rules. Commissioner Stinson stated his understanding is we need to have a motion to go into an emergency session to address this. Motion: To go into an emergency session to address post storm debris pickup and other post storm related issues. Moved by Hill, Seconded by Waters City Attorney Durden advised they would need to vote on the motion for the emergency session first, before they could vote on the prior motion. Roll Call Votes: Ayes: 5-Hill, Stinson, Waters, Harding, Reeves Nays: 0 MOTION CARRIED Motion: To ratify the piggyback contract that the City Manager has entered into with J. B. Coxwell for debris management following Hurricane Matthew. Moved by Waters, Seconded by Hill (No vote was taken on this motion.) Commissioner Stinson requested that the motion be restated. Discussion ensued and it was decided the dollar amount should be included in the motion. Amended Motion: To ratify the piggyback contract that the City Manager has entered into with J. B. Coxwell for debris management following Hurricane Matthew not to exceed $500,000. Moved by Waters, Seconded by Hill October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 12 Commissioner Stinson commented, they had a roundtable discussion about communication and feels this is a good example. We could have ended this whole conversation had we been noticed that this was happening. He expressed that he would like to see that in the future. Roll Call Votes: Ayes: 5-Stinson, Waters, Harding, Hill, Reeves Nays: 0 MOTION CARRIED Motion: To ratify the piggyback contract with the City of Jacksonville Beach that the City Manager has entered into with DebrisTech for monitoring of debris removal within the City not to exceed $100,000. Moved by Waters, Seconded by Hill Commissioner Hill commented the shorter they have to monitor our trash, the better; we do not have a choice, but it is a tough one to swallow. Roll Call Votes: Ayes: 5-Waters, Harding, Hill, Stinson, Reeves Nays: 0 MOTION CARRIED Discussion ensued. Motion: To end the emergency session Moved by Stinson, Seconded by Waters Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Durden • Filed our response today in the Gate Petition case. She will forward it to the City Manager and the Commission tomorrow. • The Commission recently suspended enforcement of the sign code and she was tasked with trying to ascertain a reasonable budget for a complete rewrite of the sign code. She has spoken with several people who have done sign code revisions, including William Brinton, a lawyer with Rogers Towers Law Finn, who is a nationally recognized expert in the revision and constitutionality of sign codes. She stated Mr. Brinton is willing to assist the City of Atlantic Beach with the revision of the sign code. Mr. Brinton estimated the cost would be approximately $15,000. She recommends we authorize an engagement letter for Mr. Brinton to proceed. Mayor Reeves stated he felt we should have a workshop on this topic before moving it forward. Commissioner Hill stated he did not feel there was a need to go outside our staff to rewrite the sign code. Commissioner Stinson asked City Attorney Durden if Mr. Brinton gave her a time frame that this generally takes. She stated typically a three month process. Commissioner Waters stated historically it October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 13 has been the practice of the City to look at best practices and other examples of well-written ordinances to utilize the resources that other cities have already put into an issue in writing our own ordinances. She is an advocate for not reinventing the wheel if we do not have to. Discussion ensued. The decision was made to have Mr. Brinton come to the Commission Meeting on November 14, 2016 to make his presentation. Commissioner Stinson requested the Community Development Board members be specifically noticed about Mr. Brinton's appearance on the 14th and City Clerk Bmile agreed to notify the members to attend the meeting. City Clerk Bartle • Attended the Public Records class in Jacksonville Beach, along with two other employees and believed it was very informative. Commissioner Harding • Asked for continued prayers for a member of our community, who is also a JSO officer, who is in serious condition in the hospital. Commissioner Waters • Commented how well the City handled the emergency response after and during Hurricane Matthew. She expressed gratitude and thanks to everyone. Commissioner Hill • Commented on the severe damage in Huguenot Park and how fmiunate we are in this city. • Pleased with the answer given about our debris pickup, and thanked Public W arks Director and the City Manager VanLiere for a well-thought-out response. Commissioner Stinson • Will be out of the country for the November 28th Commission Meeting. • Commented on discussions with ABET and First Act. • Thanked the City staff for all their hard work and quick responses. • Commented on the JSO officer who is having a very difficult time and asked for continued prayers for him and his family. Mayor Reeves • Stated it is very important to get the dunes back in good shape. • Attended the League of Cities in St. Augustine. • Encouraged the Commissioners to go to the Lifeguard Station and take a tour to see the damage to our beaches. • Commended Interim Chief Gualillo for taking care of our citizens and stepping up to take over for Chief Deal. • Commented on all the damage to St. Augustine and how blessed we are. October 24, 2016 Adjournment REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 There being no further discussion, Mayor Reeves declared the meeting adjoumed at 10:10 p.m. ATTEST: Donna L. Bmile, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer Page 14