City Council (2025-03-03)

MARCH 3, 2025 REGULAR COUNCIL MEETING PAGE 1

[Seal of the City of Neptune Beach]

MINUTES REGULAR CITY COUNCIL MEETING MONDAY, MARCH 3, 2025, 6:00 P.M. NEPTUNE BEACH CITY HALL 116 FIRST STREET NEPTUNE BEACH, FLORIDA 32266

Pursuant to proper notice, a Regular City Council Meeting of the City Council of the City of Neptune Beach was held on Monday, March 3, 2025, at 6:00 p.m., at Neptune Beach City Hall, 116 First Street, Neptune Beach, Florida 32266

IN ATTENDANCE: Mayor Cori Bylund Vice Mayor Nia Livingston Councilor Tim Horvath Councilor Josh Messinger Councilor Brent Rogers

STAFF: City Manager Richard Pike City Attorney Paul Waters Chief of Police Michael Key Chief Financial Officer Jaime Hernandez Public Works Director Deryle Calhoun Community Development Director Heather Whitmore Parks and Sustainability Director Colin Moore City Clerk Catherine Ponson

Call to Order/Roll Call/Pledge: Mayor Bylund called the meeting to order at 6:00 p.m. and Councilor Messinger led the Pledge of Allegiance.

Irish American Heritage Month: Mayor Bylund presented and read a proclamation declaring the month of March as “Irish American Heritage Month” in Neptune Beach. Edward Rice, Vice President of the St. Augustine Division of the Ancient Order of Hibernians, thanked Council on behalf of the Irish American Community.

Flood Awareness Week: Mayor Bylund read a proclamation declaring March 3rd-March 9th, 2025, as Flood Awareness Week in Neptune Beach. Flood Awareness Week promotes awareness and increase knowledge of flood risk, the availability of flood insurance, flood protection methods and how to prepare for emergencies.

APPROVAL OF MINUTES Minutes: Made by Livingston, seconded by Rogers.

MOTION: TO APPROVE THE FOLLOWING, AS AMENDED: February 3, 2025, Regular Council Meeting February 18, 2025, Special City Council Meeting February 18, 2025, Workshop City Council Meeting February 18, 2025, Town Hall Council Meeting

Roll Call Vote: Ayes: 5 - Horvath, Messinger, Rogers, Livingston and Bylund. Noes: 0

MOTION CARRIED

PUBLIC COMMENTS Public Comments: Pat Hazouri, 207 Florida Boulevard, Neptune Beach, spoke regarding the Senior Center and the proposed roundabout at Florida Boulevard and Penman Road.

CITY MANAGER REPORT City Manager Report: City Manager Richard Pike reported on the following: * There would be a Special Magistrate Hearing on Tuesday, March 25, 2025, at 9:00 a.m. The Special Magistrate will hear a case regarding the cutting down of trees without a permit. This hearing is open to the public. * There is a review committee made up of staff to review various fees for City services. * He and Chief Financial Officer Jaime Hernandez will be meeting with department heads to review the status of each department's FY24-25 budget. * Three positions at Public Works have been filled and that department is almost fully staffed.

3rd and Atlantic Update: Public Works Director Deryle Calhoun reported that on February 18th, 2025, during a routine cleaning of the 12-inch sanitary sewer pipe at the 3rd Street crossing, the cleaning tool became lodged in the pipe and dirt was noted, indicating a pipe failure. This pipe was video inspected in 2023, but nothing showed the liner had been compromised. The sinkhole started showing up in November 2024 and had been being tracked. This was caused by the failure of two pieces of plastic pipe that had been joined together. This has been repaired and will be monitored until the upcoming new redundant pipe crossing is in place.

The monthly City Manager Reports can be found on the City website at: https://www.nbfl.gov/city-manager/pages/city-manager-reports.

ORDINANCES Ord. No. 2025-01, Beach Fires: Ordinance No. 2025-01, Second Read and Public Hearing. An Ordinance of the City of Neptune Beach, Florida, Amending Chapter 7, Beaches and Waterways by Amending Section 7-36, by Banning Beach Fires, Providing Codification, Conflicts, Severability, and Providing an Effective Date.

Public Hearing: Mayor Bylund opened the public hearing. There being no further comments from the public, Mayor Bylund closed the public hearing.

Council Discussion/Questions: Councilor Horvath verified that this brings everything together and there is still the opportunity for him and the City Attorney to work on an ordinance that allows permitted fires on the beach. Mayor Bylund stated that she hopes they work on that ordinance and allowing beach fires in a controlled environment is less restrictive than banning them altogether.

Made by Messinger, seconded by Horvath.

MOTION: TO ADOPT ORDINANCE NO. 2025-01, BANNING BEACH FIRES, AT SECOND AND FINAL READ

Roll Call Vote: Ayes: 5 - Messinger, Rogers, Horvath, Livingston and Bylund. Noes: 0

MOTION CARRIED

Ord. No. 2025-02, Sand Removal or Beach Digging: Ordinance No. 2025-02, Second Read and Public Hearing. An Ordinance of the City of Neptune Beach, Florida, Amending Chapter 7, Beaches and Waterways by Amending Section 7-27, Relating to Sand Removal or Digging on the Beach; Providing Codification, Conflicts, Severability, And Providing an Effective Date.

Public Hearing: Mayor Bylund opened the public hearing. There being no comments from the public, Mayor Bylund closed the public hearing.

Made by Messinger, seconded by Livingston.

MOTION: TO ADOPT ORDINANCE NO. 2025-02, RELATING TO SAND REMOVAL OR BEACH DIGGING, AT SECOND AND FINAL READ

Roll Call Vote: Ayes: 4 - Horvath, Messinger, Livingston and Bylund Noes: 1 - Rogers

MOTION CARRIED

Ord. No. 2025-03, Amending FY2025 Budget: Ordinance No. 2025-03, Second Read and Public Hearing. An Ordinance Amending the Operating Budget for Fiscal Year 2025, Beginning October 1, 2024, and ending September 30, 2025.

Public Hearing: Mayor Bylund opened the public hearing. There being no comments from the public, Mayor Bylund closed the public hearing.

Made by Messinger, seconded by Livingston.

MOTION: TO ADOPT ORDINANCE NO. 2025-03, AMENDING FY2024-2025 BUDGET AT SECOND AND FINAL READ

Roll Call Vote: Ayes: 5 - Horvath, Messinger, Rogers, Livingston and Bylund. Noes: 0

MOTION CARRIED

Ord. No. 2025-04, Creating Finance and Auditor Selection Committee: Ordinance No. 2025-04, First Read and Public Hearing. An Ordinance of the City of Neptune Beach, Florida, Amending Chapter 2, Administration, Article VII. Boards and Commissions by Creating Division 4. Finance and Auditor Selection Committee; Providing Codification, Conflicts, Severability, and Providing an Effective Date.

Public Hearing: Mayor Bylund opened the public hearing. There being no comments from the public, Mayor Bylund closed the public hearing.

Council Discussion: Councilor Messinger stated he spoke with the City Attorney regarding this ordinance. Some of the ordinance language is prescriptive by the state so there are mandatory obligations. A large chunk of the language before Council is not prescriptive and gives authority to amend. Some of the language is redundant. His recommendation is to move this to workshop to remove the redundant language and also workshop some of the other points before passing this on first read.

City Attorney Paul Waters commented that a portion of the ordinance is required by Florida Statutes Section 218.391 which creates a request for bids to select an auditor. The auditor looks at City's debt service to make sure the City can cover its debt. They look at any outstanding loans, bonds, and payroll. It is a narrow focus. The statute requires the creation of an auditor selection committee consisting of three members.