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Item 1A- Draft Minutes- Commission 10-10-16IN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING October 10, 2016 CITY HALL, 800 SEMINOLE ROAD AGENDA ITEM 1A DECEMBER 12, 2016 Mayor Mitchell E. Reeves Mayor Pro Tern Jimmy Hill Commissioner Mitch Harding Commissioner John Stinson City Attorney Brenna Durden ABSENT: City Manager Nelson Van Liere City Clerk Donna L. Bartle Recording Secretary Della Giovanni Commissioner M. Blythe Waters (excused) Invocation and pledge to the flag Mayor Reeves gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:34p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves reported that Commissioner Waters has an excused absence because she followed the evacuation rule for Hurricane Matthew; she is out of town trying to make it back. 1. A. B. C. D. Approve minutes ofthe Workshop on September 26, 2016. Approve minutes ofthe Roundtable meeting on September 10, 2016. Approve minutes of the Budget Workshop on August 15, 2016. Approve minutes of the Budget Workshop on August 24,2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no conections, so Mayor Reeves stated the minutes are accepted as submitted. 2. Courtesy of the Floor to Visitors A. Presentation from Margo Moehring on Maritime Management Plan Margo Moehring, Policy Director with the Northeast Florida Regional Council, 6850 Belfmi Oaks Place, Jacksonville, gave a presentation on the Maritime Management Plan. She explained the Plan is being funded by the City of Jacksonville and the Florida Inland Navigation District. The team is led by her with the assistance from the University ofNorth Florida and Jacksonville University, who will assess the City of Jacksonville facilities and develop a methodology to prioritize investment in maintenance, capital improvements and acquisition. The City of Atlantic Beach will continue to review their facilities as they are currently being done. There will be an overall inventmy for Duval County. Another goal of the Plan is to assess the importance of waterways to the county's economy, natural resources, community resources and develop policy recommendations to retain and enhance the value of the watetways. She explained the three phases which are 1) Research and survey phase, 2) Assessment phase, and 3) Final phase. She added that the Jacksonville University team is working on a story map to tell the story of the resources. Commissioner Stinson questioned what involvement, if any, the St. Johns Waterway Management has in the Plan. Ms. Moehring responded that St. Johns Waterway Management is not a partner working on the plan but is aware of the Plan. Commissioner Hill asked what the goal of the Plan is. Ms. Moehring explained the City of Jacksonville wants a review and assessment of their facilities and then a methodology to prioritize what work they should do going forward. She explained it is also to look at the value of waterways having to do with economics, community value and resource value. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page2 Commissioner Hill asked about the format of the meetings. Ms. Moehring responded that they are back and forth open floor discussions. 2. Courtesy of the Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors and explained the process. City Clerk Bartle called each speaker to the podium. Anne Roberts, 222 Poinsettia St., did not come to the podium, but expressed her support of First Act Theater project. Aine Healy-Richardson, 612 13th Ave. N., Jacksonville Beach, spoke in support of First Act. Chris Jorgensen, 92 W. 3rd St., spoke about hurricane preparedness. He thanked First Responders, the Police and Fire Departments, residents who assisted in the hurricane, Public Works' staff and Public Utilities' staff. He spoke about erosion. He thanked Commissioner Stinson for his campaign on Emergency Preparedness. He suggested a generator for City Hall and reported the number of hits received on his Twitter site which has public service announcements. Lou Keith, 1845 Tierra Verde Dr., professional tennis umpire, explained his professional tennis credentials, experience and involvement with organizations. He spoke against Item 4E regarding the tennis pro. He stated his disapproval of the suggestion to install a CC television at the Russel Park Tennis Courts explaining it is not a solution for public access to the City tennis courts. He spoke against allowing a For-Profit business to lease 50% of the tennis courts at $200 a year. He reported discussions he had with Recreation Director Timmy Johnson and with Mr. Catalan and believes Mr. Catalan has been allowed to monopolize public tennis courts with the City's blessing. Mr. Keith explained his recommendations for handling the tennis court schedules. He strongly recommended that the tennis professional contract not be renewed. Betsy Cosgrove, 116 Poinsettia St., thanked the Commission and staff for their service. She referred to the September 29, 2016 letter from T.R. Hainline, which was included in the agenda packet for Item lOA. She stated she agrees with Mr. Hainline's interpretation of Section 3-2, and Chief Deal's confirmation, but wanted to share Section 3-4 since Mr. Hainline did not address that section of the Code in his letter. She referred to her handout and explained her interpretation of Sections 3-2 and 3-4. She asked the Commission to consider limiting the hours of operation for the Gate Gas Station and suggested the hours of operation be from 6 am -11 pm. John November, 536 South St., Neptune Beach, thanked the Commission for moving forward with the creation of the committee to support our trees, ours parks and the overall beautification of the city. He indicated he looks forward to beginning the dialogue at the meeting this Saturday at Jordan Park and hopes for a good turnout from the committee members. He explained the presentation he plans to give regarding Bennett's Landing and expressed support for the acquisition of Johnson Island. Mr. November feels that the new plan will benefit the City of Atlantic Beach for years to come. He gave thanks to the public officials for their work during the hurricane. Mark Tingen, 1198 Sandpiper Ln., thanked the Mayor, City Commissioners, City Staff, Police Department, Fire Department and Public Works for doing a great job, for the communication to citizens, for pulling together, and for giving their time to the residents when they could have been with their families. Suzanne Shaughnessy, 168 Ocean Walk Dr. S, congratulated the City on the way it came through the storm. She pointed out that our great fortune was a result of not only the storm changing its tracks, but also our geography and she explained the reasons. She congratulated and thanked Mayor Reeves for being at the emergency operations center and explained the importance of it. She was impressed by how the City of St. Augustine gave televised briefings from their city manager and staff. She suggested our city manager briefings not only be televised, but also be posted immediately to the City's website for citizens to see. She explained how ABAA has contributed to the October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page3 City by providing supplies and equipment for the fields. She believes they serve more citizens than any other activity in the city and they plow more money back into the city facilities than any other 501(c)(3) organization in the city and suggested their contract be renewed at an annual cost of$10.00. Sharette Simpkins, 354 19th St., stated she is disgusted about how code enforcement works for Atlantic Beach. She noted she has been in the same house for 30 years and has seen things go haywire. She gave examples ofhow the City handled her complaints, noting she has been writing complaint letters since 1999 and is still dealing with the same problem. She read from a letter she wrote to the Mayor on July 13,2016 regarding several complaints she had submitted to the City of Atlantic Beach Code Enforcement Office. She further explained why she believes the services she is receiving from the City is insufficient and would like code enforcement to review the Code and make necessary changes. Brooke Anderson, 824 Sherry Dr., parent of a child who has benefitted from Aine Healy Richardson's program, spoke in support of the First Act program being at the Adele Grage Theater. She thanked the Commission for listening and valuing the desires of Atlantic Beach residents. She also thanked Commissioner Stinson for being action-oriented and for coordinating a meeting with the appropriate stakeholders to rapidly coming up with a solution that allows First Act to return to their home theater. She expressed gratitude to Mayor Reeves for his handling of the weather emergency and for his capable leadership and desire to serve the citizens. Judy Hulett, 1100 Seagate Ave., Neptune Beach, president of ABET, thanked the Commission for always supporting ABET. She explained what ABET does for the City. They offer the community local theater; they bring people into the City; and they entered into an agreement with the City for a grant where they pledged $25,000 for improvements to the building which will benefit evmyone, if the grant is received. She stated they do try to make sure others can use the building as well for things such as weddings and Songwriters. She is proud that the City supports and appreciates the theater for their citizens. City Clerk Bartle read the names and comments from the citizens who did not want to speak as follows: Ingrid McCawley, 345 4th St., supports First Act's utilization of the Adele Grage Community Center for the benefit of our community. Mary Di Matthew, 901 Ocean Blvd. #10, suppotis First Act. Sally Clemens, 1638 Park Terrace West, supports Item 8C. Anne Marie A wad, 2254 Barefoot Trace, supports First Act. No one else from the audience spoke so Mayor Reeves closed the Comiesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Establishing the Beautification & Natural Resource Preservation Advisory Committee and Appointing the Members. Mayor Reeves asked that each Commissioner present two names for membership on the Committee and explained that Commissioner Waters submitted hers to the City Clerk which she will report. The names were given as follows: Commissioner Waters-Linda Lanier and Bruce Andrews Commissioner Stinson -Mike Borno and Sarah Andrew Dark Commissioner Hill-Tim Anderson and Don Ford Commissioner Harding -Dawn Scott Commissioner Harding tried choosing John November as his second name but Mayor Reeves advised him that Mr. November has already been appointed. After brief discussion, he decided to yield the October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 second person as one of the qualified applicants that were submitted to the City Clerk. Commissioner Hill spoke about Chip Drysdale and his background. Mayor Reeves -Judith Leroux and Suzanne Shaughnessy Mayor Reeves explained that all the appointments should be made prior to the October 15, 2016 Town Hall Meeting. Mayor Reeves recommended a motion and Commissioner Hill suggested that the item wait until after the first break to allow Commissioner Harding time to look over the applications. Commissioner Harding stated he is unfamiliar with the names on the list, other than John November. Motion: Accept the names that have been mentioned and accept a final name (from Commissioner Harding) off of the existing list, not to be added to, before the Town Hall Meeting on October 15, 2016. Moved by Hill, Seconded by Commissioner Harding. Mayor Reeves recommended having past Mayor Mike Borno be the Chair and past Mayor Suzanne Shaughnessy be the Vice Chair to the Committee. Discussion ensued about how the Chair should be chosen. Commissioner Stinson agreed with the idea, however preferred that the roles be co-chairs for Mr. Borno and Ms. Shaughnessy to help keep the committee focused on its purpose. Commissioner Hill spoke about allocating City Attorney time to the early stage of the committee. Mayor Reeves explained they need to come up with a charge for the Committee. Commissioner Hill liked the suggestion from Commissioner Stinson for co-chairs. Mayor Reeves expressed concern about residents not knowing the rules for permitting in regards to trees and directed the City Manager to get infonnation out as soon as possible, while the tree people are here due to the storm. Commissioner Hill explained there is a huge difference in an Arborist and a Tree Service. He believes there are a lot of tree cutters in our City right now. He urged citizens to use professional arborist. Commissioner Stinson questioned whether Mayor Reeves is asking for an amended motion to include the co-chairs explaining it was not in the original motion. Mayor Reeves requested an amended motion to include the co-chairs. Amended Motion: Amend the original motion to appoint Mike Borno and Suzanne Shaughnessy as co-chairs of this Committee in the interest of efficiency. Moved by Stinson, Seconded by Commissioner Hill. Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED Commissioner Stinson questioned whether a vote needs to be taken on the original motion. City Attorney Durden answered that she thought that the original motion was voted on already, but deferred to the City Clerk for guidance. Discussion ensued and it was determined that another vote was needed to approve the original motion as amended which is: Accept the names that have been mentioned and accept a final name (from Commissioner Harding) off the existing list, not to be added to, before the Town Hall Page4 AGENDA ITEM 1A DECEMBER 12, 2016 October 10, 2016 DRAFT REGULAR COMMISSION MEETING PageS Meeting on October 15,2016 and appoint Mike Borno and Suzanne Shaughnessy as co-chairs of this Committee in the interest of efficiency. Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MA TIERS 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 Building Department Monthly Activity Report for July 2016 and Financial Report and Business Information List for August 2016. B. Authorize the City Manager to sign the contract with ABET for use of Adele Grage Cultural Center from October 1, 2016 through September 30, 2017. C. Authorize the City Manager to sign the contract with First Act for use of Adele Grage Cultural Center from October 1, 2016 through September 30, 2017. D. Authorize the City Manager to sign the contract with ABAA for October 1, 2016 through September 30, 2017. E. Authorize the City Manager to sign the contract with Brecht Catalan for scheduled use of the tennis courts at Russell Park from October 1, 2016 through September 30, 2017. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner wanted to pull an item from the Consent Agenda for discussion. Commissioner Hill pulled Items B, C, and E from the agenda. Mayor Reeves pulled Item D. Motion: Approve Consent Agenda Item A. Moved by Reeves (No second was requested.) Votes: Aye: 4 -Harding, Reeves, Stinson, Hill Nay: 0 MOTION CARRIED Mayor Reeves opened discussion on Item 4B. Commissioner Hill asked for a report on the final solution. Recreation Director Timmy Johnson gave an updated report on Item 4B regarding renewal of contract for ABET noting the executive director and president of ABET, owner of First Act, city staff and Commissioner Stinson met. He explained that after an extensive discussion, everyone was in agreement to work together, have the uses scheduled and ABET relinquished Mondays and Saturdays to First Act. Commissioner Hill expressed concern about parking. Commissioner Stinson complimented the two organizations for working together and explained that ABET agreed to restructure their children's programs to prevent overlapping with First Act. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page6 Commissioner Hill wanted to be assured that any children activity includes background checks and that the city needs standards if we continue this path. Mayor Reeves clarified that the city already has background checks as a policy. He asked for Judy Hulett to come forward to the podium. He questioned whether ABET has a plan to find another building in order to grow. Ms. Hulett indicated they have a program and a very nice reserve in case they have to leave. Mayor Reeves advised Ms. Hulett that the organization needs to understand that the theater is not their space; it is City space. He suggested that ABET consider paying more than the $200.00 since they are not charged for the electricity to run the lights and sound-system for their programs. Commissioner Stinson expressed interest in renewing the contracts tonight and having the City Manager come back to the Commission in January with a plan showing the assets, the history of charges, and the worth. Mayor Reeves stated he would like to know how many people are being turned away from using the facility due to ABET's usage and what that value is. City Manager Van Liere suggested that for next year, request for proposals for these services be accepted in order to allow other organizations to compete for the use of the facility. He explained that the City does not want to be in business to give tennis lessons, run a theater or run baseball but could put the facilities up for rent with an RFP to let organizations bids and award those instead of doing the same contracts each year. Commissioner Hill was not supportive of the City Manager's idea. He indicated that all this started when ABET separated from the kid's program with First Act. Instead of charging more to the organization, he suggested that they expand their involvement with community-based activities, outreach to seniors, get more local people involved, try not to go geographically larger and keep it a walk/bike to theater. He explained that citizens are in support of kid programs and it is not about economics, rather it is about the value the theater brings to the citizens. Commissioner Hill recommended a 6-month contract that goes for review. Judy Hulett indicated that ABET will no longer have a children's program, but will have a teen program and First Act will continue with the children's program as they have in the past. Mayor Reeves suggested that the Commission renew the annual contract. He stated it is a great theater, but would love to see some programs on the west side of Mayport Rd. Commissioner Stinson reiterated the agreement among ABET and First Act and stated they realize there are some growth issues which is why they are having to coordinate through the city. He commented on an article in the Beaches Leader and clarified that he believed all patiies left feeling like they had agreed to a great plan that offered a solution in the interest of the children, the theater and the city. Commissioner Hill asked if First Act will be able to stand on their own. Commissioner Stinson believes that both organizations can function independently. Motion: Approve Consent Agenda Item B as written. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED Mayor Reeves opened discussion on Item 4C. Commissioner Hill asked if the city could provide First Act with a trailer for storage if that is still an issue. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page? Mayor Reeves spoke about the need to add storage on the Adele Grage property. Recreation Director Timmy Johnson stated that he needs storage also. Aine Richardson, 612 13th Avenue North, Jacksonville Beach, owner of First Act, explained First Act currently has storage in a warehouse on Mayport Road and is comfortable with moving her items to and from the theater due to space restraints as long as they have a little extra time to set up and break down. Commissioner Harding spoke in support of separate contracts for the two organizations. Motion: Approve Consent Agenda Item C as written. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 4 -Hill, Stinson, Harding, Reeves Nay: 0 MOTION CARRIED Mayor Reeves opened discussion on Item 4 D. Mayor Reeves suggested only charging $1.00 to ABAA for the use of the fields since they give back to the community in many ways. Commissioner Hill agreed with Mayor Reeves on his suggestion. Mayor Reeves stepped down to have Commissioner Hill chair the meeting as Mayor Pro Tern so that Mayor Reeves could make a motion. Motion: Approve the contract (with ABAA) for one year at $1.00. Moved by Reeves, Seconded by Harding Commissioner Stinson stated he does not have a problem with reducing the fee, but would like to wait for city staff to go through their evaluation of contracts and make a recommendation. He believes there should be a definitive way to determine who falls under which fee. Mayor Pro Tern Hill requested a vote. Roll Call Votes: Aye: 4 -Stinson, Harding, Reeves, Hill Nay: 0 MOTION CARRIED Mayor Reeves opened discussion on Item 4E. Commissioner Harding refened to No. 2 regarding proof of non- profit status being provided to the City Manager noting that he believes it is a for profit entity. He added on No. 3 on the agreement it states that no fees or admission costs will be charged to the general public for use of these facilities and he believes that the tennis professional is using all six courts still, even after the meeting with him. Commissioner Harding stated he cannot support this contract. Commissioner Stinson reported he has received a letter of concern from a citizen, in reference to allowing "For profit" organizations using city property with little or no fees, wanting the same kind of deal. He also reported three separate letters he received from Louis Keith explaining his ideas and suggestions (which is attached and made part of this Official Record as Attachment A). He believes the City needs to have a way to schedule the use of the courts. He stated he understands Commissioner Harding's concern and believes RFP's may be the answer. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 PageS Commissioner Hill questioned how many citizens were being served by the tennis pro and explained small businesses that use city facilities and do not allow other citizens to use them is problematic and needs addressing. Mayor Reeves suggested that the contract not be renewed and expressed concern about the financial report that was submitted. He stated he would like to give this back to the City Manager and bid it out. City Manager Van Liere explained that, if he is to put specifications out for a contract, he will need guidance regarding how much court time can be tied up. Commissioner Hill requested researching what other cities do based on the number of hours available per court, not number of lessons taught. He would like to keep the courts accessible to non-paying recreational tennis players as much as possible. Motion: Not renew Item 4E. Moved by Hill, Seconded by Harding Roll Call Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION NOT CARRIED Commissioner Stinson requested that the Commission give the City Manager clear direction on where we want to go from here. Discussion ensued and it was decided that 1) The City Manager should notify Brecht Catalan that his contract has not been renewed and 2) The City Manager research with other cities and come back with a recommendation. He asked the City Manager if he has a good idea ofwhere he needs to go from here. City Manager VanLiere believes that the research will vary. He believes the arrangement that the city has had over the years has not changed partly because it has been accepted and to change it means something is going to have to give in the other direction. He stated it is not going to be an easy task to change this, but we can look at the options and see what others are doing and put a chart together and see what we like. 5. Committee Reports There were no committee reports. 6. Action on Resolutions There were no resolutions. 7. Action on Ordinances There were no ordinances. 8. Miscellaneous Business (Discussion only) A. Mayport Road Community Redevelopment Plan Discussion. Planner Derek Reeves presented a slide show (which is attached and made part of this Official Record as Attachment B) as he addressed concerns raised from a previous meeting. He spoke about public input, Mayport Village CRA, COJ meetings and the first five-year costs and he answered questions. Discussion ensued about the process going further. Mayor Reeves explained that he and the City Manager will need to meet with every council member to see where we stand and whether we have a chance or not. Commissioner Hill stated his concern regarding the lag time of waiting for Jacksonville when Atlantic Beach has resources to move forward on some of the projects instead ofwaiting on funds from Jacksonville. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM lA DECEMBER 12, 2016 Page9 Mayor Reeves agreed and explained it will not cost anything but time to go and meet with the Jacksonville officials. He stated it has to have a retum on its money and he believes that if Jacksonville does not buy in, we will have to look into another way to get some things done over there. Discussion ensued about making investments with other funds in an effott to make propmty values rise. City Manager Van Liere stated he does not see any reason to hold back on improving the community waiting for this to happen. Commissioner Stinson confirmed that unused monies go back to the taxing authorities. After further discussion, Mayor Reeves stated the consensus is to keep it in discussion. Mayor Reeves reiterated his plans to meet with each council member in Jacksonville before moving forward. B. Discussion on requesting Florida Department of Transpottation to reduce speed limit on Mayport Road. Commissioner Hill indicated that there has not been much progress made on this due to the storm and was interested in deferring it if staff needed more time. City Manager asked Public Works Director Don Jacobowitz to report on the status of his research. Don Jacobowitz indicated that some research was completed. He reported on his discussion with the FDOT. He leamed that a request to reduce the speed limit can be made. He explained the City made a request in 2002 and repotted that a study was done showing that 85 percent of drivers drove 45 mph. He stated that the same type of study was done again in 2015, which was released in December with the same results. He explained that by deviating from the speed that most people will drive normally, it causes more congestion, more safety concems and more accidents on the road. He explained that FDOT recommended leaving it at 45 mph, back in December 2015 .q2 Commissioner Hill disagreed with their assessment and believes they put the ticker in the wrong area for their study. He would still like to explore lowering the speed limit. He expressed concem about the high number of fatalities of pedestrians, not in the road but on sidewalks. Don Jacobowitz repotted that the traffic data only showed one pedestrian injury which was not a fatality. Commissioner Hill questioned why certain incidents he recalls were not included in the data. Mayor Reeves suggested that Commissioner Hill get with the City Manager and possibly the City Attomey to come up with a resolution to bring to the Commission for a vote and if it passes, the resolution can be sent to the FDOT. Commissioner Hill stated Acting Chief Gualillo should be asked if he thinks it would help the police do their job and if not, he does not want to put the City Manager through the drill. Mayor Reeves reported that he had a discussion with Chief Deal and they are not seeing an issue with accidents on Mayport Road. Commissioner Hill reiterated that they will ask Acting Chief Gualillo his opinion on the matter. City Manager Van Liere indicated that he would find the report from the police depattment that was given to the Commission showing data regarding accidents and fatalities. c. Welcome Park and Welcome Center Opportunity-Johnston Island. Mayor Reeves explained that he would like a consensus to move the item forward. He reported on a meeting he had with the president of the City Council and believes that the City of Jacksonville will join us on this project and that it would be a good opportunity for our city. Discussion ensued about the elevation of the land and what the land could be used for. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page 10 Commissioner Hill stated that he sits on a Small Craft Advisory Subcommittee and reported that the FDOT for security reasons, has eliminated the State of Florida's access to hundreds of places for the public to access water. He stated that the proposed project is a unique oppotiunity to replace one ofthose with a park that does not present a big security risk and would serve a very large number of people. He believes it would provide and maintain a good fishing area for a mixed-use park and there is a potential for additional funding from other sources. He indicated that any infi·astructure on that park would have to be on stilts. He expressed his support of the project and believes it would be a huge asset for the citizens of Atlantic Beach. Commissioner Stinson questioned the history of the property since developers and investors have shied away from this piece of property. Commissioner Hill explained that the City has made it very difficult and have killed projects in the past. Commissioner Harding indicated that there used to be an automotive body shop on the propetiy many years ago and said that people are always fishing there. He stated he would be interested in exploring this project further. City Manager Van Liere stated if the Commission wants to move forward, they should discuss negotiating the purchase of it and if we plan to develop it, we should make sure the project is pennittable before we pay for it. He requested input from City Attorney Durden about the process of acquiring it. City Attorney Durden explained they would negotiate a contract for the purchase of the propetiy and ask for an extensive long period of time for doing our due diligence. During which time we would investigate the property, investigate the permitting issues and determine whether or not we can obtain those permits. She also expects that if the City of Jacksonville is interested in this, there would be some additional funding available, and an interlocal agreement between the COJ and COAB for the development, long-term maintenance and operation of the facility. She explained there may some non-profit organizations that we would want to enter into agreements with for potential operation of some aspects of this project. She stated it is a long process, but it is exciting. She believes it would be an asset for the citizens of Atlantic Beach and her Film will be able to assist. Mayor Reeves asked Derek Reeves if there is an existing PUD. Planner Reeves indicated it was ten or eleven years ago and he would have to see if it expired. Mayor Reeves expressed his interest in finding out what the PUD was for. Commissioner Hill commented about the PUD and the marina being in a difficult location. Commissioner Hill suggested asking Jacksonville if they have any interest in helping us with the project. Commissioner Stinson wanted to know the cost to the taxpayers to negotiate a purchase agreement and to do the due diligence to get us to the point that we are ready to write the check and buy the propetiy. The City Manager was asked to provide an estimate before they move forward. Planner Reeves explained that they have been meeting with the Jacksonville Parks Department and this was mentioned to them. Public Works Jacobovitz suggested posting something on the City's website about the City looking into it and allowing citizens to take an online survey. Mr. Jacobovitz explained that the Maritime Plan people could help identifY other funding sources and other things that could be used to either manage it or acquire it. Planner Reeves reported they are open to working with us to manage this propetiy. The acquisition is the big part they were afraid of, so if we can handle that end, they will partner the rest of the way. They can include it in this Maritime Management Plan and prioritization for their future parks. The consensus was to move forward, investigate it some more, and get some more information for Commissioner Stinson. October 10, 2016 DRAFT REGULAR COMMISSION MEETING 9. City Manager A. 90-Day Calendar (October 2016 through December 2016) AGENDA ITEM 1A DECEMBER 12, 2016 Page 11 City Manager VanLiere reported on the 90-day calendar explaining the Town Hall meeting is scheduled for October 15 1h at Jordan Park Community Center. City Manager Report He gave a hurricane update and highlighted the following: • Staff is currently doing damage assessments to try to summarize the various impacts the storm has on our city buildings, dune walkovers, lifeguard station, parks, and the kayak launch. • Public Works Director is working with the debris clean up company to get them underway. There is a little delay for the opening of the Girvin Landfill, but should be in full force tomorrow. A three-year contract was signed in 2014 and the contracted company came to our aid for this. This delay allowed time for the families to bring their debris to the road which will help with us not making multiple trips to the same locations. • Looking at run-time cost on equipment. Believes the efforts of pumping down the pond in Aquatic Drive prevented water from getting in the homes in the area. • Accumulating a list of the many homes that had trees on them and businesses that had damage. He believes the community came out better than everyone expected. The massive cost for our city will be for debris cleanup. • The post office will deliver mail tomorrow; the power for almost everyone has come back on; There are still issues with AT&T, phones and cable companies with lines down. • Information is on our website about having trees cut up and hauled off. • Thanked Public Safety and Public Works Departments for their pre-storm preparations. They went above and beyond and were ready. Public Works and Utilities Crews cleaned up storm drains, cut away branches, and put pumps in place which proved to help us; They did a great job getting things ready for the storm. Public Safety took us through the event, came out to the city, assessed all the damage, rode around reporting all the incidents such as down power lines and trees blocking the roadway. They worked real well together with Public Works and Utilities crews getting things taken care of. He appreciates their work. • Communications was blasted out as information was received. He believes it helped keep the calls down. Reported the calls frequently asked questions were related to boil water notices and opening of the bridge. The water system never went down, so we never had a boil water notice. The boil water notice was for JEA water customers which Atlantic Beach is not. • Thanked Mayor Reeves for being at the EOC and keeping communications going with the Public Safety Depmiment. • Thanked everybody for their hard work including the Administrative Staff that came in and helped answer the phones. Mayor Reeves addressed Interim Captain Vic Gualillo about the amazing team the City has in our police department. He described how the police personnel was held on the island until it was almost too late. They stayed off the island for 7 Yz hours. He spoke about the Command Post and their constant communications with one officer that stayed on the island. Mayor Reeves showed a video of the police depmiment returning to the island in treacherous weather because it meant more to the depmiment to protect their city than staying off the island. Mayor Reeves explained that when he learned that the officers had brought their own food to the shelter, he made a promise to the interim chief, that they will never again have to provide their own food under his leadership and the City will provide depmiment food and water at all times during an emergency. He complimented Interim Captain Gualillo for being a true leader, a team player and for doing a great job. Interim Chief Vic Gualillo responded by explaining the team of officers are the true heroes. He explained that they worked long hours, had very little sleep and eat cold soup, but did not hear one complaint from them. They were anxious to get back on the island. He commented that they are the reason this was successful and they had a great attitude. He repotied that the Police and Public Works Departments worked well together and believes the hardest October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page 12 thing they had to do was to leave their family and be unable to protect them. He stated that the team did so without hesitation and did their duty to protect the City. He was grateful that Hurricane Matthew was not worse. He complimented City Hall staff for doing a great job and working together to prepare for the storm by moving records and other important things before the storm arrived. He stated the City has a great team of people who came together and did a tough job quickly under some stressful situations and we are thankful. He thanked Mayor Reeves for his kind comments. Commissioner Harding echoed Mayor Reeves sentiments regarding the sacrifices that staff made. He explained his experienced being on the law enforcement side during Hurricane Katrina. He asked that they recognize the sacrifices noting it is very difficult to leave your family at home and not know whether they are safe or not. They are out there doing their job protecting our property and it says a lot about the men and women we have working for the City. He explained that when he worked for the City of Gulfport they came up with a badge and a challenge coin designed specifically for Hurricane Katrina. He asked the Commission to support the recognition and funding for challenge coins and qualification badges that the police department would wear on their Class A uniforms recognizing them as enduring the hardships that were caused by Hurricane Matthews. He offered to show his coin and badge to anyone interested. He thanked staff for keeping everyone updated on the progress of the storm and was grateful that it moved offshore. Commissioner Hill compared this stonn to others that affected the area and believes the City went to work early which he gave the City Manager full credit for. He stated the reason you do not see the City Manager is because it is his job to make sure you do not see him; if you see him, there is a problem. He explained that staffwas working hard and believes that this was the best prepped and responded to incident he had ever seen. He believes the City did a great job and explained that residents may not even know because a lot of work was done before they returned to their homes. He thanked the City Manager and staff for the preparation and thanked the citizens for doing a good job of leaving and of coming back. He asked that the residents be given an independent fmm of information that does not get tied into the regular EOC stuff so we can give specific Atlantic Beach instructions. He believes the problems with communications were that we got lumped into areas of the town that were not the same as ours. He reiterated his gratitude and asked that employees be made aware of it. Commissioner Stinson thanked Mayor Reeves for what he did stating he went above and beyond and kept a lot of people informed as to what was happening on the island which was a true information outlet that a lot of people reached for as the storm passed. He thanked City Manager Van Liere for what he did to get the City ready. He stated to his knowledge, there were no injuries and believes it is critical to get the citizen out of the City and back into the City safely. He also thanked Interim Chief Gualillo and the Police Department for their amazing feat under some really tough circumstances and Officer Jevic for staying on the island throughout the storm. He asked that his gratitude be conveyed to the department. He thanked Mr. Jacobovitz for the preparations and keeping the citizens safe and water out of their homes. He believes the focus on keeping people safe in the City has been tremendous and thanked all the staff. City Clerk Bartle requested that 9A be discussed in order to address which topics are to be covered at the Town Hall meeting on October 15th. She explained her understanding of the two topics and the confusion about discussing the Beautification and Natural Resource Preservation Advisory Committee charge when a charge has not been drafted. Mayor Reeves explained the purpose of the Town Hall meeting is to get feedback from our community about what they would like and an introduction from the Commission to the Advismy Committee. Then, they will come up with a charge for the Advisoty Committee. Commissioner Harding explained the other item which is to get public input on John November's proposal regarding a gazebo at Bennett's Landing and the private funding. Mayor Reeves confitmed that both topics should be covered. October 10, 2016 DRAFT REGULAR COMMISSION MEETING 10. Reports and/or requests from City Commissioners and City Attorney AGENDA ITEM 1A DECEMBER 12, 2016 A. Letter from T.R. Hainline to Chief Deal regarding the hours of operation for the Gate service station. City Attorney Durden • Repmted on the Cloister-A response was filed with the court on Thursday. • Reported on the Gate Appeal-A response brief will be filed on October 19 1h. Page 13 • Addressed the letter (Item lOA) which was added to the agenda on Wednesday-A meeting was held with a number of people including Gate representatives, City Manager Van Liere, City Attorney Durden and three members of the Police Department, Interim Chief Gualillo, Commander Layson and Former Police Chief Deal. They discussed the hours of operation for the Gate Store development and questions were asked about how the police department interprets Section 3-2 and about the hours of operation. Gate proposed that they would have a 24-hour operation, but the sale of alcohol would be prohibited between 2 am - 7 am, in compliance with Section 3-2. As a result, the law firm that represents Gate Petroleum, drafted a letter and requested Chief Deal to sign it. Through the conversation they had at the meeting, they recognized that there were a number of facilities here in Atlantic Beach on Mayport Road and on Atlantic Blvd. that are open during hours that either extend beyond 2 am or earlier than 7 am and although they do not sell beer and wine during those hours, they are in fact open. As a result, Chief Deal looked at the letter and considered the letter and made a determination that it was appropriate for him to sign it. She explained that she wanted to bring it to the Commission's attention because of the many discussions about what the hours of operation would be for the Gate development. She believes that this letter shows that a decision has been made and it was put on the agenda in order to advise the Commission, the citizens and everyone involved. She offered to answer questions and stated she believes it is a reasonable interpretation and it is consistent with past practice that the City has conducted for a number of years Commissioner Stinson asked City Attorney Durden to explain her interpretation of how it differs from the letter Ms. Cosgrove presented. She indicated that Ms. Cosgrove stated she does not disagree with the letter that was addressed and signed by Chief Deal. She explained Ms. Cosgrove's concern is a different section, Section 3-4. There is a provision that provides where retail sales are limited to beer and wine may occur for off-premises consumption. She read from Section 3-4 and explained that this ordinance was adopted May 10, 2004. She disputed Ms. Cosgrove's interpretation by explaining that businesses have been allowed to come into the City to sell beer and wine since 2004. She explained the code provides for two locations that allow for the retail sale of beer and wine for off-premises consumption. Commissioner Hill suggested that the ordinance be reworded to avoid confusion and misinterpretation. City Attorney Durden stated that it could be, but she does not know if it is necessary. City Attorney Durden responded to a question from Mayor Reeves about whether the intention of the ordinance focused on bars. She explained how research shows that since 1957, the hours of businesses selling alcohol have remained the same. She fmther explained that in Chapter 3, not only rooms or places are mentioned, but also to prevent going from one bar to another during those hours. She believes the focus was on bar situations. Mayor Reeves • Thanked the Police Department and all the depmtment heads for an outstanding job. • Commented that not everything was petfect. He requested that the City Manager have department heads debrief the Commission on what went well, what went bad and come up with solutions for improvement. He explained he saw poor communications between departments. He would like to see the City Manager pull his staff together, then have a meeting with the Commission for the debriefing. He believes decisions during emergencies should be made with evetyone sitting in the room instead of over the phone. He explained that he had asked the City Manager to meet with depmtment heads earlier today in order to provide evetything that Interim Chief Gualillo needed and he thanked him for doing that. He suggested having the topic discussed at a Town Hall meeting and allow citizens to provide their input. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page 14 • Reported that he released an open letter to the citizens. He will take full responsibility for any decision that was made, whether it was good or bad. He spoke about the Declaration noting that once it is signed, he and the City Manager have equal powers and there are a lot of tough decisions. He spoke about the bridges closing, the importance of evacuating, and DOT's authority to open the bridges. He explained that the DOT had to check the bridges for safety and had to coordinate with neighboring cities to prevent crowding of the bridges. He said decisions were made for protection and safety of the people. He commended Governor Scott for his help and concern and gave a history about what went on after the storm. He expressed concern that inconect infmmation about the timing for the bridges to open was posted on Facebook by a Commissioner may have contributed to the traffic backup. He apologized to the citizens for the inconvenience and for some of the decisions that were made, but he explained it was for everyone's safety. He urged everyone to evaluate next time. • Reported he took a tour on the beach with FEMA and the Corps of Engineers and addressed getting the dunes replaced. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 10:11 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer John, AGENDA ITEM 1A DECEMBER 12, 2016 Just a few comments on our meeting last week with Mr. Catalan, Tim Johnson and Nelson van Liere. I was surprised to find out that Mr. Catalan was not leasing two courts, but three (#4, 5, 6) of our six public tennis courts for $200 annually. Coupled with this, Mr. Catalan also confirmed that he had recently conducted a large group lesson on Courts# 1, 2, 3. He failed to mention that the $75 rental for these three courts was never paid to the City. I know that Mr. Catalan has used these same courts for at least two clinics over the past six weeks. Also, Mr. Catalan commented that if I would have asked him, he would have allowed me to participate in the above group lesson at no charge. Really? He obviously believes that citizens have to clear it with him to use any court at Russell Park. Attached is a draft of the Rules that I believe needs to be posted on the Tennis Courts' Bulletin Board. Thanks again for your support and valuable time on public access to the Russell Park Tennis Courts. Let me know if I can help you on any project. Lou 904/403-6003 LEAGUE PLAY I ' AGENDA ITEM 1A DECEMBER 12, 2016 Atlantic'Beach based non-profit tennis teams may reserve Courts #3, 4, 5, 6 at no charge for league play, Sunday through Saturday, between the hours of 1:OOPM to 5:00PM. Courts #1 and 2 are for public use only--no league play. Send your reservation request at least 30 days in advance to recreation@coab.us The Recreation Department will post your reservation on the Court #1 Bulletin Board. TENNIS PROFESSIONALS A tennis professio~al may give individual or small group lessons at no charge, on one court, either Court #5 or 6. The Russell Park tennis courts are heavily utilized Saturday, Sunday and holidays from 8:00AM to 1:OOPM. During these hours, a tennis professional may use Court #6 only, if available. A tennis professional may reserve Courts #3, 4, 5, 6 only for large group lessons for $25 per court, Sunday through Saturday, between 1:OOPM and 5:00PM. Courts #1 and 2 are for public use only--no lessons. Complete a permit request along with payment 14 days in advance at the Recreation Department, 716 Ocean Blvd, Atlantic Beach, FL 32233. The Recreation Department will post your reservation on the Court #1 Bulletin Board. LEAGUE PLAY AGENDA ITEM 1A DECEMBER 12, 2016 Atlantic Beach-based non-profit tennis teams may reserve Courts #3, 4, 5, 6 at no ·charge for league play, Sunday through Saturday, between the hours of 1:OOPM to 5:00PM. Courts #1 and 2 are for public use only--no league play. Send your reservation request at least 30 days in advance to recreation@coab.us The Recreation Department will post your reservation on the Court #1 Bulletin Board. TENNIS PROFESSIONALS A tennis professional may give individual or small group lessons at no charge, on one court, either Court #5 or 6. The Russell Park tennis courts are heavily utilized Saturday, Sunday and holidays from 8:00AM to 1:OOPM. During these hours, a tennis professional may use Court #6 only, if available. A tennis professional may reserve Courts #3, 4, 5, 6 only, for large group lessons, for $25 per court, Sunday through Saturday, between 1:OOPM and 5:00PM. Courts #1 and 2 are for public use only --no lessons. Complete a permit request, along with payment, 14 days in advance at the Recreation Department, 716 Ocean Blvd, Atlantic Beach, FL 32233. The Recreation Department will post your reservation on the Court #1 Bulletin Board. Talking Points • Public Input • Mayport Village CRA • Summary Sheet for COJ Meetings • First 5 Year Costs ... AGENDA ITEM lA DECEMBER 12, 2016 First 5 Year Costs in the Plan • 1. Mayport Road-$250,000 (Cost Share with FOOT) • 2. Neighborhood Roads-$725,000-$2,825,000 • 6. Commercial Node-$12,000-$60,000 per year • 7. Coordinator-$40,000-$50,000 per year • 9. Fa~ade Improvement Grants-$50,000 per year • 10. Stormwater Study-$50,000 • 11. Police/Code Officer-$50,000 per year • 13. LDR Updates-$100,000 • Total Expendatures-$1,885,000-$4,275,000 • Total Projected CRA Revenue-$856,600 AGENDA ITEM 1A DECEMBER 12, 2016