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01-24-22 Regular Commission Adopted MinutesMINUTES s; Regular City Commission Meeting J r Monday, January 24, 2022 - 6:30 PM 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. City Clerk Bartle 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) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting on July 12, 2021. 113. Approve minutes of the Regular Commission Meeting on June 28, 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 Mayor Glasser welcomed Douglas Conkey, the new Governmental Affairs Coordinator for the St. Johns River Water Management District. (Commissioner Kelly arrived at 6:39 p.m.) 2A. Florida League of Mayors - City Catalyst Grant (Mayor Glasser) Mayor Glasser recognized Scott Dudley and Brian Iserman of the Florida League of Cities. Mr. Dudley explained what the League of Mayors is and what they do. Mr. Iserman explained what he and Mr. Dudley help cities achieve. A $1,500 check was presented to the City of Atlantic Beach that awarded the City Catalyst Grant. Regular City Commission January 24, 2022 2B. Presentation of Certificates of Appreciation for Wreaths Across America (Sherry Saucerman, Jean Ribault Regent of the DAR) Mayor Glasser spoke about this event and invited Sherry Saucerman to speak. Ms. Saucerman spoke on what the DAR does and how they participated in Wreaths Across America in 2021. She thanked the City for their help and presented certificates to City Staff. PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. CC Bartle called each speaker to the podium. Douglas Conkey, new Governmental Affairs Management District, reported on the waiving program, and North Florida Water Supply Plan. 3 CITY MANAGER REPORTS 3A. AE Engineering Coordinator for the St. Johns River Water of artesian well plugging fees, cost -share CM Corbin spoke about Complete Streets projects and introduced Heather Neville, AICP from AE Engineering, and Uyen Dang, P.E., from DDEC. They explained and presented the PowerPoint titled Main Street Complete Streets Implementation as included in the agenda packet and answered questions from the Commission. Discussion ensued about support for short-term options, Option 2. 3B. Sec. 19-6 Traffic Calming CM Corbin explained the need to bring back Code amendments relating to traffic calming devices as shown in the agenda packet. 3C. Atlantic Boulevard Medians CM Corbin reported on the progress of Atlantic Beach medians, presented slides showing before and after photos (which is attached hereto and made part of this Official Record as Attachment A), and answered questions. Attachment A of 1-24-2022 Minutes 3D. 20th Street Beach Walkover CM Corbin reported on the progress of the 20th Street Beach Walkover and presented a slide with photos (which is attached hereto and made part of this Official Record as Attachment B). Attachment B of 1-24-2022 Minutes 3E. Accept the 90 Day Calendar (February -April) There was CONSENSUS to accept the 90 -Day calendar. Regular City Commission January 24, 2022 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Kelly • Expressed interest in receiving the Special Magistrate's report from the Jan. 6 meeting. CA Durden provided a status. • Requested an update on where we stand on LEED and a checklist to use for planning projects. CM Corbin agreed to come back with an update. Commissioner Norris • Commented on Main Street and using Option 2 for the entire length of the road. • Requested that CM Corbin and Public Works Director (PWD) Scott Williams connect with ESC to look at green building options. • Requested to have Douglas Conkey from St. Johns Water Management District speak on the potential to use ARPA funds for projects. Mr. Conkey spoke about the possible use of ARPA money for water and sewer projects. Commissioner Waters • Asked CM Corbin when we would hear an update from Neptune Beach about parking. CM Corbin noted he anticipates having them at the next meeting to present their findings. Mayor Glasser • Recognized Jesse Dattilo, recipient of the Martin Luther King Jr. (MLK) Day Community Service award, and extended gratitude for her service to the City. • Reported on the Town Hall Meeting held on Saturday, January 22, 2022. • Spoke about a letter she wrote in support of legislation to stop the preemption on regulating smoking. • Reported on her conversation with NB Mayor Brown regarding 18th and 19th Street parking and the request for a cost breakdown. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA Mayor Glasser noted that FD Burns is out and unable to answer questions about the Financial Reports. CM confirmed and also mentioned Ms. Burns' request for a deferral of the budget amendment. 6A. Acknowledge receipt of the FY 2022 Q1 Building Department Activity Report. 6B. Acknowledge receipt of the Monthly Financial Reports for October, November and December. ACTION. Approve Consent Agenda Items 6A & 6B as written. Motion: Brittany Norris Second: Candace Kelly Regular City Commission January 24, 2022 7 8 Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Bruce Bole For Michael Waters For Motion passed 5 to 0. COMMITTEE REPORTS 7A. Cultural Arts and Recreation Advisory Committee (CARAC) Latrenia Thomas, Interim Director for the Cultural Arts & Recreation Department, gave an overview of the last month and expressed gratitude for supporting her in her new position. Mayor Glasser spoke about Ms. Thomas' experience and welcomed her. An Oskarsson, CARAC Chair, presented and explained the slides included in the agenda packet. Mayor Glasser thanked Ms. Oskarsson for her report; commented about this being an advisory board and needing to work everything through staff; and looking forward to getting feedback from CARAC about recommended changes to the CARAC resolution. Commissioner Kelly agreed to assist with the Canine Carnivale event. ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 22-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE ADDITION OF THE OBSERVANCE OF JUNETEENTH NATIONAL INDEPENDENCE DAY (JUNETEENTH), JUNE 19TH, AS AN OFFICIAL CITY HOLIDAY. Mayor Glasser read the Resolution by title. CM Corbin explained the direction from the Commission to bring back this resolution. Human Resources Director (HRD) Cathy Varian explained the resolution and a handout and answered questions from the Commission about vendor contracts; staffing needs; the various names used for this holiday; provisions for the holiday falling on a weekend; plans for an economic analysis; holiday comparisons to other governmental agencies; and union contracts. MOTION: Adopt Resolution No. 22-01. Motion: Brittany Norris Second: Candace Kelly Commissioner Norris spoke on the history and education of the holiday. She pointed out the disparities and noted this is a step towards rectifying that. Regular City Commission January 24, 2022 Commissioner Waters spoke in support for recognizing the holiday and requested it be named something that would not confuse it with the July 4th Independence Day. He suggested calling it Juneteenth or Emancipation Day. Commissioner Bole asked about the impact to the city budget. CM Corbin confirmed that it could be handled within our current budget and not require a budget amendment. He agreed with Commissioner Waters suggestion to call it Juneteenth. Commissioner Kelly spoke about her attendance at the MLK event and the importance of this being a holiday. Mayor Glasser spoke in support of the resolution and the name Juneteenth. Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Bruce Bole For Michael Waters For Motion passed S to 0. MOTION: Amend Resolution 22-01 to state anywhere (except in the 3rd Whereas) that it says Juneteenth National Independence Day, will say Juneteenth. Motion: Michael Waters Second. Bruce Bole Commissioner Norris spoke about the importance of referring to the proper Federal holiday name as well as the other known names. Michael Waters (Moved By) For Bruce Bole (Seconded By) For Ellen Glasser Against Candace Kelly For Brittany Norris Against Motion passed 3 to 2. City Attorney Durden clarified that Juneteenth National Independence Day in the third Whereas should remain and not be changed since that is the name of the Federal holiday. MOTION: Adopt Resolution No. 22-01 with the amended language. Motion: Michael Waters Second: Bruce Bole Regular City Commission January 24, 2022 Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters (Moved By) For Candace Kelly For Brittany Norris For Motion passed S to 0. 8B. RESOLUTION NO. 22-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO DECLARE A TRUCK AS SURPLUS TO USE AS A TRADE IN VEHICLE AND TO PURCHASE A NEW TRUCK DURING FY 21-22; 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 explained the resolution. Commissioner Waters commented about the increased prices of vehicles and questioned if this is the right time to spend money on vehicles. City Manager Corbin addressed trade-ins, vehicle turnover, and mileage. Discussion ensued about the pricing and whether the City should wait to replace vehicles. Mayor Glasser shared the same concern as Commissioner Waters and believed that the Commission could probably do a better job, in the budget, of identifying how many new cars we expect to purchase in any given year. Commissioner Norris shared concerns about the truck's low mileage and wanting more information about why it needs replacing. Commissioner Bole asked whether it is usually an aging issue, more than a mileage issue. CM Corbin explained about it being different for every vehicle and that the Police Department has a turnover schedule for their vehicles. Commissioner Norris reiterated the need for more information about this truck. CM Corbin reported the mileage of the used truck to be over 60,000. Police Chief Victor Gualillo spoke about the process for determining the need for vehicle replacements. Regular City Commission January 24, 2022 Discussion ensued about the process and the Commission's desire to get additional maintenance information outlining the specific reasons for requesting replacement vehicles. MOTION. Defer Resolution No. 22-11 to the next regular meeting of the City Commission. Motion: Brittany Norris Second. Michael Waters Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly Against Brittany Norris (Moved By) For Motion passed 4 to 1. The Commission reiterated the need to have the additional information on this vehicle, as well as all others in the future. There was a brief discussion about electric vehicles. 8C. RESOLUTION NO. 22-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE SUBMITTAL OF FEDERAL HAZARD MITIGATION GRANT PROGRAM (HMGP) APPLICATIONS RESULTING FROM FUNDING MADE AVAILABLE BY PRESIDENTIAL DISASTER DECLARATIONS TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY UPON MAYOR OR CITY MANAGER APPROVAL; AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE APPLICATIONS PERTAINING TO SUCH FEDERAL ASSISTANCE FOR AND ON BEHALF OF THE CITY OF ATLANTIC BEACH; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin explained the resolution. Mayor Glasser asked if this Resolution has an expiration date and DCM Hogancamp and CA Durden confirmed that it does not. MOTION. Adopt Resolution No. 22-12. Motion: Brittany Norris Second: Michael Waters Regular City Commission January 24, 2022 9 Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. ACTION ON ORDINANCES 9A. ORDINANCE NO. 20-22-163, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022, AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. CM Corbin requested a deferral due to the finance director not being present. MOTION. Defer action on Ordinance No. 20-22-163 until Monday, February 14. Motion: Brittany Norris Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. 9B. ORDINANCE NO. 75-22-26, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES TO ADD NEW ARTICLE VII, PROHIBITION OF COMMERCIAL RENTAL OR LEASE AND USE OF RENTED OR LEASED, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, MICROMOBILITY DEVICES AND MOTORIZED SCOOTERS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. Regular City Commission January 24, 2022 CM Corbin reported on the ordinance and the changes that occurred as he referred to a revised, redlined draft Ordinance (which is attached hereto and made part of this Official Record as Attachment C) provided to the Commission. Mayor Glasser thanked staff for their diligence. CA Durden spoke about her working with Planning and Development Director (PDD) Amanda Askew on this Ordinance and explained the redlined version. City Clerk Bartle confirmed that the redlined version should be Ordinance No. 75-22- 26. CM Corbin and CA Durden explained two enforcement options and spoke about options for handling devices left in the right-of-way. Police Chief Victor Gualillo explained what was done in the past and recommended that they not have police involved in seizing the devices, due to liability issues. Discussion ensued about the revised version reflecting the removal of use because of State Law. Mayor Glasser explained the objective to not extend the moratorium; to vote on taking use out; and to have staff come back with recommendations on enforcement for the final reading. Attachment C of 1-24-2022 Minutes MOTION: Approve Ordinance No. 75-22-26 as amended (redlined version). Motion: Brittany Norris Second: Bruce Bole Commissioner Norris spoke in support of the revised ordinance. Commissioner Waters spoke in support of moving forward with the revised ordinance tonight and working on the enforcement later. Commissioner Bole concurred with Commissioner Waters. Commissioner Kelly spoke in support of the revised ordinance. Mayor Glasser spoke in favor of the revised ordinance. CM Corbin answered questions from the Commission. Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters For Regular City Commission January 24,2022 Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. 10 MISCELLANEOUS BUSINESS None. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Durden offered to discuss the hybrid meeting policy. The decision was made to postpone the discussion to the next meeting. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole indicated he is looking forward to the priority setting meeting tomorrow. Commissioner Kelly stated that she is proud of the City for supporting Latrina Thomas in her new role and wished her the very best.. Commissioner Norris commended the Cultural Arts and Recreation Advisory Committee (CARAC) for taking initiative to revamp what they are doing and offer up solutions, and excited to see what they do going forward. Commissioner Waters commented about looking forward to hearing about how PWD Williams determines when to buy trucks and about how much money Neptune Beach has been losing. He also commented on feeling good about Juneteenth. CM Corbin commended CARAC and looks forward to seeing where things go. He offered the Commission to submit further ideas for priorities. Mayor Glasser reported on the Mayor's Council on Health and Well -Being's first meeting and the plan to have the Blue Zones topic at its next meeting. 13 ADJOURNMENT The meeting adjourned at 9:32 p.m. Attest: Donna L. Bartle, City Clerk Date Approved: -7125/2-02 2- Ellen Glasser, Mayor Regular City Commission January 24, 2022 i7fi '44 ii `Mir ".:Sams rV .� zw.r..- : .; �.;. - - .....•r.�r. �.. .�..... _ •r'�+tea p r.. rL pr d Citr " i x�L i ON Attachment A r 1 6o 77F S�". r III i se ars: ,v t � 1 v �� r Attachment C of 1-24-2022 Minutes �y ORDINANCE N0'1 22-26 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES TO ADD NEW ARTICLE VII, PROHIBITION OF COMMERCIAL RENTAL OR LEASE AND USE OF TED OR LEASED; -OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, MICROMOBILITY DEVICES AND MOTORIZED SCOOTERS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission has received complaints from citizens about the commercial rental and lease of electric personal assistive mobility devices, micromobility devices and motorized scooters, creating obstructions in and on the City's streets, roadways, sidewalks, bike and multi -use paths, parks, beach and rights-of-way blocking ADA routes, sidewalks, multi- use paths and/or causing obstacles on the beach or in the City's parks; and WHEREAS, City staff and City law enforcement officers have observed users of electric personal assistive mobility devices, micromobility devices, and motorized scooters riding in an unsafe manner, failing to observe traffic control regulations, and other dangerous maneuvers that have put people at risk; and WHEREAS, the City is aware of other local governments which have experienced negative impacts to the health, safety and/or welfare of the public by commercially rented electric personal assistive mobility devices, micromobility devices and motorized scooters; and WHEREAS, City staff and City law enforcement officers have observed these devices and scooters left and abandoned in areas throughout the City when users discontinue use, creating dangerous conditions throughout the City; and WHEREAS, the City Commission desires to prohibit the commercial rental or lease axd USe Of FOMSd OF leas f electric personal assistive mobility devices, micromobility devise and motorized scooters, in the City in order to limit unsafe conditions and to protect the health, safety and welfare of the public; and WHEREAS, the City Commission recognizes that owners of such devices and scooters are often more experienced riders than renters of these devices and scooters; and WHEREAS, owners of these devices and scooters may utilize them for primary modes of transportation as opposed to renting them for entertainment or recreation; and is t Eii �x+e taF ttAem of this Or4inaiiee to r-estiiat or dany the use of peP*M0lfy--+*w-nc - ice penal -imeWW +des, ,--and matoriz.e4 . ; n� 01598338 1 if Attachment C of 1-24-2022 Minutes WHEREAS, by the adoption of this Ordinance, the City is not and does not seek to regulate the operation of such devices or scooters on the City's streets, or impose additional requirements or disturb the uniformity of Florida's traffic laws. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Reputation Amended to add New Article and Sections. New Article VII, Chapter 21, Traffic and Motor Vehicles, is hereby added to the Code of Ordinances of the City of Atlantic Beach, Florida, as follows: ARTICLE VII — COMMERCIAL RENTAL OR LEASE OF CERTAIN TRANSPORTATION DEVICES PROHIBITED Sec. 21-95. - Commercial rental or lease and dseof refit or-�-electric personal assistive mobility devices, micromobility devices and motorized scooters prohibited. (a) The commercial rental or lease and the use of FemedOF led! -electrical personal assistive devices, micromobility devices and motorized scooters, as said terms are defined in this Article, within the City is prohibited. (b) The following terms shall have the meanings given herein for purposes of this Article VII. Words not otherwise defined shall be construed to mean the common and ordinary meaning. (1) "Electric personal assistive mobility device" is defined as any self -balancing, two- nontandem- wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts ( 1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. (2) "Micromobility device" is defined as any motorized transportation device made available for private use by reservation through an online application, website, or software for point- to- point trips and which is not capable of traveling at a speed greater than 20 miles per hour on level ground, (3) "Motorized scooter" is defined as any motorized transportation device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and which is not capable of propelling the device at a speed greater than 20 miles per hour on level ground. The term does not include an " electric bicycle" as defined in Section 316.003, Florida Statutes. Sec. 21-96 — Enforcement and penalties. (a) The City finds that a violation of Sec. 21-95 constitutes a serious threat to the health, safety and welfare of the public and citizens of the City. OLS9933i1 Attachment C of 1-24-2022 Minutes (b) Each violation of Sec. 21-95 shall constitute a separate civil infraction within the meaning of Florida Statutes, Chapter 162, Part I1, punishable by a civil penalty specified below: First violation: $ Second violation: $ Third and all subsequent violations: $ (c) This Article may be enforced by the issuance of a civil citation by a sworn police officer of the City who has reasonable cause to believe that a person has violated Sec. 21-95. All sworn police officers of the City shall be considered code enforcement officers for the purpose of enforcing Sec. 21-95. A citation issued under Sec. 21-95 may be contested in the county court for Duval County, Florida. The civil citation shall contain the matters specified in § 162.21, Florida Statutes (2021), or subsequent, superseding legislation, in form approved by the Chief of Police. Any person who willfully refuses to sign and accept a citation issued pursuant to this Section shall be guilty of a misdemeanor of the second degree, punishable as provided in §§ 162.21(6), 775.082 and 775.083, Florida Statutes, or subsequent, superseding legislation. In addition to the penalties specified in this Section, a person voluntarily paying a civil citation or convicted of a civil citation shall be required to bear all costs and fees imposed by the County Court or the office of the Clerk. (d) The penalties provided here are cumulative to any other civil or criminal penalties available for violation of the Atlantic Beach Code of Ordinances, or state law. (e) Each day (any 24 consecutive hour period) that a continuing violation of this Section occurs or continues shall constitute a separate, civil infraction punishable by a civil penalty in the cumulative amount specified above. Repeat violations by a single person or entity may relate to different requirements imposed by this law and in different circumstance and still constitute a repeat violation for the purpose of determining the civil penalty due. SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 3. Severa flit . If a Court of competent jurisdiction at any time finds any provision ofthis Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. 015993381 Attachment C of 1-24-2022 Minutes SECTION 4. Effective Date. This ordinance shall take effect immediately upon adoption PASSED by the City Commission on first reading this _day of , 2022. PASSED by the City Commission on second and final reading this _ day of 2022. CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Attest: Donna L. Bartle. City Clerk Approved as to forni and correctness: Brenna M. Durden, City Attorney 01598338 1