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05-24-21 Regular City Commission Adopted Minutesr/,._,:., 7,.),, 41MINUTES r Regular City Commission Meeting Monday, May 24, 2021 - 6:30 PM 1 Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 6:30 PM. Deputy City Clerk Diaz called the roll. ATTENDANCE: Present: Ellen Glasser, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner- Seat 3 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Mayor Pro Tem/Commissioner- Seat 5 Also Present: Shane Corbin, City Manager(CM) Brenna Durden, City Attorney (CA) Lori Diaz, Deputy City Clerk (DCC) Kim Flower, Records Clerk (RC) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular City Commission Meeting on April 12, 2021. 1B. Approve minutes of the Commission Workshop on March 15, 2021. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. 2 COURTESY OF FLOOR TO VISITORS 2A. National Gun Violence Awareness Day Proclamation (Mayor Glasser) Mayor Glasser read the Proclamation. Latasha Hobbs spoke regarding memories of her son,who was a victim of gun violence. She spoke about her devotion to her son's memory and her wish to heighten gun violence prevention. Kate Hathaway informed the Commission of a youth outreach event to support youth in the 32209 zip code. The youth will have coffee sales on Saturday, June 5 in the Kmart parking to help raise funds to promote gun awareness and hand out free trigger guards to those in need. Regular City Commission May 24,2021 PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. Deputy City Clerk Diaz called each speaker to the podium. Jeff Berichon discussed problem of aggressive geese in and around the Atlantic Beach County Club (ABCC). He reported on the dangers and health concerns the geese pose to the residents and guests of ABCC.He proposed the City prepare an ordinance to prohibit the feeding of geese. Susan Snead spoke regarding parking, increased traffic and safety concerns regarding Beach Avenue. She suggested enhancing pedestrian traffic and proposed safer travel utilizing landscape boxes. Mayor Glasser closed Courtesy of the Floor to Visitors. 3 CITY MANAGER REPORTS 3A. City Manager's Report CM Corbin reported on the following items: The City's new waste hauling contract is being reviewed by CA Durden Recreation rentals would re-open to the public on June 1, 2021. The City Budget process has begun Parking Workshop on Thursday CM Corbin would be attending an upcoming Florida City-County Management Association conference in Orlando next week. Commissioner Waters asked if the new waste hauling contract would cover trash, yard waste, and recycling because he has been inundated with calls about the waste hauling issues. CM Corbin confirmed the new contract would include all services. 3B. Accept the 90-Day Calendar There was a CONSENSUS to accept the 90-Day Calendar. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole thanked the City for a nice picnic and enjoyed socializing with everyone. Commissioner Kelly stated she noticed 12 incidents in the news for mass shootings this past weekend. She asked CM Corbin for a status request on ransomware attacks. Commissioner Norris thanked Ms. Barbara and staff for taking time to invest time with the children and teach pickleball. She explained University of North Florida brought in a company to the campus to help get rid of the geese by using dogs (Border Collie) and stated this service might be worth looking into. She suggested bringing in a traffic engineer to look at additional traffic calming solutions on Beach Avenue and other hot spot areas. Regular City Commission May 24,2021 Commissioner Waters commented on the geese concerns and how they may impact city waterways. He spoke about adding a bathroom to the lifeguard station. He suggested limiting the hours of accessibility hours would help deal with the homeless people wanting to use it after hours. He stated it could be helpful to the local merchants because the stores tend to be frequented by people only wanting to use the restroom facility. He stated many oceanfront homeowners had built fences in front of the dunes,and the dunes have grown because of it. He stated this might be an additional way to assist with beach re-nourishment. Mayor Glasser updated on Capital Improvement Projects (CIP) and the Jacksonville budget by stating adding additional lifeguard stands could possibly be paid for by the City of Jacksonville COJ). She stated she had not received any feedback or reaction from the submitted Resolution for Hanna Park initiatives. She informed the Commission she placed copies of letters at their chairs for review regarding the recently passed Bill regarding home-based businesses and stated COAB has over 160 registered home-based businesses. She shared information about Virgilio Rosario, a long-time employee of Atlantic Beach, who passed away recently. He worked for the City for almost 20 years. His co-worker stated he had a heart of gold. She wanted to recognize him and thank him for his service to the City. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA 6A. Acknowledge receipt of the Financial Report as of April 30, 2021. MOTION: Approve Consent Agenda Item A as written. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed S to 0. 7 COMMITTEE REPORTS 7A. New Appointment to the Cultural Arts and Recreation Advisory Committee Commissioner Norris) Commissioner Norris recommended Mary Mullahey as a new member of the Cultural Arts and Recreation Advisory Committee as detailed in the agenda packet. MOTION: Appoint Mary Mullahey to the Cultural Arts and Recreation Advisory Committee as regular member(#6 position)to fill the unexpired term expiring December 31, 2023. Regular City Commission May 24,2021 Motion: Candace Kelly Second: Bruce Bole Bruce Bole (Seconded By) For Candace Kelly (Moved By) For Ellen Glasser For Michael Waters For Brittany Norris For Motion passed 5 to 0. 8 ACTION ON RESOLUTIONS 8A. Resolution No. 21-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE PAYMENT OF $200,000 IN FISCAL YEAR 2020-21 FUNDS ALLOCATED FOR MAYPORT ROAD (FLORIDA AlA) TRANSPORTATON SAFETY IMPROVEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF FUNDING ENGINEERING DESIGN TO FACILITATE THE CONSTRUCTION OF A ROAD-DIET PROJECT, WHICH WILL IMPROVE THE LOOK, FEEL AND SAFETY OF MAYPORT ROAD, AND CONNECT TO THE EAST COAST GREENWAY; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin reviewed the details of the Resolution as detailed in the agenda packet. MOTION: Adopt Resolution No. 21-09. Motion: Brittany Norris Second: Bruce Bole Commissioner Norris stated she is excited to see improvements for Mayport Road reclaiming space for pedestrians. Commissioner Waters stated this project is money well spent to make Mayport Road a safe and more usable road. Commissioner Bole said safety is a significant concern for the area and he strongly supports the Resolution. Commissioner Kelly said she supports the effort of modifying a street the City is not responsible for to slow and calm traffic. Regular City Commission May 24,2021 Mayor Glasser discussed two North Florida Transportation Planning Organization (NFTPO) projects. One is the safety improvements on Mayport Road, and the second being the engineering of the road diet and where the engineering money would go. She stated these projects would take time and may not be started until 2024—2025. She hopes the engineering project would include a crossing near the cultural arts corridor for public safety. Bruce Bole (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Michael Waters For Candace Kelly For Motion passed 5 to 0. 8B. Resolution No. 21-32 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE ENGINEERING SERVICES TO UPGRADE WATER TREATMENT PLANT NO. 1. Mayor Glasser read the Resolution by title. CM Corbin reviewed the details of the Resolution as detailed in the agenda packet. Public Utilities (PU) Director Troy Stephens summarized the project as detailed in the agenda packet. Mayor Glasser asked about the odor control projects previously discussed. PU Director Stephens stated it is a separate project and is already underway. He stated additional funds may be needed as the project is costing more than anticipated. She requested for an updated report. Commissioner Kelly asked if this location was in the flood plain. PU Director Stephens stated he was not sure. Mayor Glasser stated the topic could be discussed during the Adaptation Plan discussion. MOTION: Adopt Resolution No. 21-32. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Regular City Commission May 24,2021 Motion passed 5 to 0. 9 ACTION ON ORDINANCES 9A. Ordinance No 65-21-43,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES,STREETS,SIDEWALKS,AND OTHER PUBLIC PLACES,TO AMEND SECTIONS 19-1(C) AND 19-2(A) AND TO ADD NEW SECTION 19-8, OUTSIDE SEATING LOCATED IN CITY RIGHT(S)-OF-WAY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. Planning and Community Development Director (PCDD) Amanda Askew spoke regarding the Ordinance as detailed in the agenda packet. Commissioner Norris asked if business owners would be able to build additional surface areas (patio) for chairs and tables. PCDD Askew answered yes, additional outdoor surfaces would be permitted depending on drainage and other factors and stated it would cost the business to remove the installed area if they move. Commissioner Bole questioned who would approve the impervious concrete installation to the edge of the right-a-way. PCDD Askew stated staff would review on a case by case basis as described on page 81 in the agenda packet or page 3 of Ordinance No. 65-21- 43. Mayor Glasser asked if specifying decking instead of concrete was permitted. Commissioner Norris supported the idea of having decking or permeable surfaces instead of concrete. PCDD Askew stated a change in the Ordinance requiring some kind of permeable surface could to be added. Mayor Gasser stated this option is already in effect in the Central Business District. She asked where this would be allowed according to the amended Ordinance. PCDD Askew stated it would not be permitted in the DOT right-of-ways but permitted in the Atlantic Boulevard corridor and Mayport Road and some side streets. Mayor Glasser asked if the Ordinance included language to require businesses to restore the area to its original condition if changes are made. PCDD Askew stated the language in the Ordinance could be strengthened to include specific requirements to allow for that. Commissioner Kelly asked if a business is approved and installs a deck and then goes out of business, what happens to the deck. PCDD Askew stated the deck belongs to the previous business, and it would be their responsibility to remove it. If not, staff would contact the landlord or property owner to remove the deck. Commissioner Norris asked if the landlord would need to be a part of the application process. CA Durden stated yes, the application needs to be signed by the landlord and lessee of the property. Regular City Commission May 24,2021 MOTION: Adopt Ordinance No. 65-21-43 along with updates according to comments made tonight to require any surface creation be impermeable and strengthen language to restore the area to its original condition(on first reading). Motion: Brittany Norris Second: Bruce Bole Commissioner Kelly asked if this Ordinance is separate from the Ordinance addressing the Central Business District. PCDD Askew stated Chapter 24 of the Land Development Regulations has a section dealing with the Central Business District. Staff did not feel this Ordinance belong in the same section, so it would be including in Chapter 19. CA Durden clarified the difference between the two Ordinances, Chapters, and Sections. Commissioner Kelly stated the Central Business District uses sidewalks (non-permeable surfaces) for outdoor seating. CA Durden stated additional language could be added to state that if additional hard surfaces are installed,then permeable surfaces must be used. Commissioner Bole stated he prefers grass and moveable structures instead of hard surfaces. Mayor Glasser stated the motion covers everything discussed. Bruce Bole (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Michael Waters For Candace Kelly For Motion passed 5 to 0. 10 MISCELLANEOUS BUSINESS 10A. Preliminary Adaptation Plan CM Corbin reviewed the history of the first Vulnerability Analysis for sea-level rise for the City. During the assessment,long-range issues were discovered, and the Adaptation Plan was created. PCDD Askew and City Engineer (CE) Swarm spoke regarding the details of the preliminary Adaptation Plan as detailed in the agenda packet and referenced additional information on the Projects Page on the City's website. CM Corbin asked if raising the finished floor elevation would make a difference with sea-level rise and require changes to City's codes. CE Swann stated further research would be needed to determine what (if any) changes to Codes/Ordinances may be required. Commissioner Kelly asked if it is possible to retrofit a house to raise without the use of heavy equipment. CE Swarm stated houses could be raised as a last resort. Some cities Regular City Commission May 24,2021 have cost-sharing programs, which would be looked at in the future development of the plan. Mayor Glasser asked if any outside consultants were used with preparing this grant. CE Swann stated Jones Edmonds and ATM were used for assistance. She commended staff on a job well done. She also suggested the link to all the information be more visible instead of being embedded in a document to allow better access to the information. PCDD Askew and CE Swann explained the review process and additional requirements for the grant and reviewed the interactive maps. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS DCC Diaz spoke regarding a recently-discovered time capsule from 1991. She stated the Commission would be receiving an email invitation to attend a small ceremony to open the time capsule. CA Durden stated she would be working with staff regarding the waste hauler contract. She said she is aware of the citizens' concerns but reviewing the contract is going to take some time. CA Durden stated there was a huge number of bills passed by the legislature this year and she will provide a summary of passed bill pending the Governor's signature. She stated the Florida League of Cities has produced a summary for the bills and would share the information with the Commission. CA Durden stated she would not be able to attend the parking workshop this Thursday. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole advised waste pick-up companies are having trouble hiring employees. He stated he thinks right-of-ways are sacred to the City and is going to really look at the ramifications of taking away green space and grass from the citizens. He stated from previous experience, geese can cause health issues and are a very predatory animal. Commissioner Kelly stated she has had negative goose experiences and sympathized with residents. Commissioner Norris suggested reaching out to UNF regarding the Border Collie dog service used there to find out if it helped with the geese situation. She stated concerns about legislating people to or not to feed the geese. The problem is the conditions have become favorable for the geese, and they stay. If the conditions become unfavorable,they should leave. Commissioner Waters stated he feels the duck population is diminishing and the geese population is growing. He stated he would be willing to help in any way. He expressed his concerns about the safety of the beach because he was at the beach for eight hours and did not see any Police Officers patrolling the beach. He expressed his concerns about the upcoming Orange Crush event. Police Chief(PC) Victor Gualillo stated COAB officers would be on the beach for Orange Crush. Additional officers from Jacksonville Sherriff Office (JSO) would be on patrol as well. PC Gualillo stated officers have the option and are encouraged to patrol the beach. However,the officers go where the calls for service are. Regular City Commission May 24,2021 CM Corbin expressed his concern regarding the passed Bill regarding home businesses and how awful it would be. He stated the Bill referenced allowing welding auto repair or auto body shop in residential areas. He said the current businesses are mostly quiet professional businesses with people just working inside their homes. Mayor Glasser requested CM Corbin to have PC Gualillo brief the Commission about Orange Crush at the next Commission Meeting. She stated she would like to know if there are templates of Ordinances from other Cities regarding prohibiting feeding geese. She said Beach Avenue is a great reason to budget for a Traffic Engineer to conduct a traffic study and offer improvements. She mentioned if COAB gets the money from COJ for a new Lifeguard Station, adding a restroom would be a good asset and could be time-locked to help control the misuse by the homeless population. She offered a reminder to the Commission about the Sunshine Laws and restated the Commissioners are not allowed to communicate with each other out of the context of a Commission Meeting, emails, and social media. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:28 p.m. Attest: 001.14Ptt ' 161/Ae- 1/, Donna L. Bartle, City Clerk en Glasser, Mayor Date Approved: i°725/202 Regular City Commission May 24,2021