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2-27-23 Regular Commission Meeting Adopted MinutesMINUTES Regular City Commission Meeting } w Monday, February 27, 2023 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 Jessica Ring, Commissioner - Seat 5 Also Present: Kevin Hogencamp, Deputy City Manager (DCM) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Angela Irizarry, Code Enforcement Officer Victor Gualillo, Police Chief (PC) 1 APPROVAL OF MINUTES IA. Approve minutes of the June 13, 2022 and February 13, 2023 Commission Meetings. Mayor Ford asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Ford stated the minutes stand as submitted. 2. COURTESY OF FLOOR TO VISITORS 2.A. BHHS - Florida Network Realty Luminaria Donation to the Atlantic Beach Cares Fund This item was covered by Lee Elmore during public comment. PUBLIC COMMENT Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Ken Caudle shared that he was pleased to see a discussion happening about parking in right-of-ways. Regular City Commission February 27, 2023 Lee Elmore, representative of Berkshire Hathaway Home Services thanked the City for their participation and support with the Luminaria and presented the City with a check. Jane Stevens read her comments from a handout she provided to the Commission (which is attached hereto and made a part of this Official Record as Attachment A). Mark Gabrynowicz thanked the Commission for their work with the Commission priorities. Elliot Zisser spoke about the right of way ordinance. Doug Conkey provided the Commission with updates regarding storm water management. Amy Rose shared comments about the process regarding Charter Review Committee and ebikes. 2-27-23 Attachment A 3 CITY MANAGER REPORTS 3A. Accept the 90 -Day Calendar (Mar. - May 2023) Commissioner Waters announced that he will be absent from the March 13, 2023 Commission meeting. Commissioner Ring inquired about the logistics regarding Opening of the Beaches and a parade. DCM Hogencamp explained that this will take place on Sunday, April 30, 2023 at 2 p.m. and that the City has had a golf cart or two in it for the last five years. MOTION: Approve the (90 -Day) Calendar as submitted. Motion: Michael Waters Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters (Moved By) For Candace Kelly For Jessica Ring For Motion passed S to 0. 313. DCM Hogencamp Provided Updates • Reported the plan for the Splash Pad is to place it out for rebid. • Thanked everyone for participating in the weed wrangle. Regular City Commission February 27, 2023 • Announced the ESC speaker series that will begin on Thursday, March 2, 2023. • Announced Tour De Parks on March 11, 2023. • Announced the Canine Carnivale March 4, 2023. • Addressed Jane Stevens' public comments and mentioned that staff will come back with a recommendation. • Mentioned that he opened the check from Berkshire Hathaway and that it was for one thousand dollars which is used to help utility customers who are dealing with financial emergencies. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A. Pensioners' COLA Request (Commissioner Kelly) Commissioner Kelly reported on this item. She expressed that their retirement checks should be keeping up with inflation. DCM Hogencamp referred to the email in the agenda packet and mentioned that the Commission, by ordinance, can alter the pensioners' salaries. He also mentioned that staff would continue to communicate with the Commission regarding this issue. Commissioner Bole mentioned that he wanted to take a look at this issue. Mayor Ford expressed interest in knowing about the budgetary funding regarding the pension. 4B. Sec. 24-163 - Storage and parking of commercial and recreational vehicles in residential zoning districts (Commissioner Ring) Commissioner Ring reported on this item. Code Enforcement Officer (CE Officer) Irizarry presented a slide show (which is attached hereto and made a part of this Official Record as Attachment B). Commissioner Waters inquired about the meaning of use by exception. CE Officer Irizarry shared that this is a different type of variance that would require special approval and clarified that there has to be criteria to base it on. Commissioner Bole inquired about the amount of problems that have been received since last year. CE Officer Irizarry shared that she ran a report for previous CM Corbin that consisted of one year and a half s times worth and that there were one hundred and two complaints received. She clarified that her current general direction is to have complaint - based enforcement. Commissioner Ring inquired about when the Chapter 24 review would occur. CE Officer Irizarry shared that the time frame is around March or April. She informed the Commission of the process that needs to take place before this can come back as an ordinance to be voted on. Regular City Commission February 27,2023 Mayor Ford indicated that a workshop in April is being planned regarding this issue to allow for more discussion. 2-27-23 Attachment B 4C. City Manager Search (Commissioner Bole) Commissioner Bole expressed that the CM job should be posted. He shared that there is talent here in Northeast Florida and that the City should promote it in order to get the best possible person. Commissioner Ring inquired about the reason the job hasn't been posted yet. Mayor Ford shared that he would like to wait to hear Interim CM Gerrity's input on the process. He shared that he is willing to get the job posted to help with pacing the process and suggested that the Commission agree upon the criteria for the position. Mayor Ford requested that CC Bartle get with HR to get the criteria from the last post for the city manager position. The Commission asked further questions regarding requirements. CC Bartle read Sec. 22 of the Charter which lists the qualifications for the city manager. DCM Hogencamp requested to be the one to get with HR and the Commission agreed. There was a CONSENSUS to allow the city manager job to be posted based on what's in the Charter, with the ability to amend the post based on consideration of the criteria. Miscellaneous Reports/Requests Commissioner Ring • expressed that the Mayport Middle School's endeavor to receive a grant is fantastic Commissioner Waters • shared that paid parking starts again on March 1, 2023 and that decisions need to be made regarding how long it will last Commissioner Bole • expressed that moving forward he will be calling a point of order in meetings whenever inappropriate comments are being made Mayor Ford • spoke to Commissioner Bole's comments about decorum • allowed PC Gualillo to speak to the eBikes issue 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA Mayor Ford read the title of each item under consent agenda. Regular City Commission February 27, 2023 7 8 6A. Authorize the City Manager to approve the purchase and issue a Task Authorization to Saltus Engineering, Inc. in the amount of 530,900.00 to provide services as described in the Proposal received January 23, 2023. 6B. Declare the attached list of properties as surplus so that the items on it may be disposed of in the most beneficial way to the City. MOTION. Approve Items 6A and 613 on the consent agenda. Motion: Jessica Ring Second. Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Motion passed S to 0. Mayor Ford asked for clarification on the items available for bid. DCM Hogencamp shared that these items will be made available on a public auction site. COMMITTEE REPORTS None. ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 23-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ESTABLISHING THE CITY'S 2023 PRIORITIES; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. DCM Hogencamp reported on the resolution. MOTION: Approve Resolution No. 23-05. Motion: Michael Waters Second. Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters (Moved By) For Candace Kelly For Regular City Commission February 27, 2023 Jessica Ring For Motion passed S to 0. 9 ACTION ON ORDINANCES 9A. ORDINANCE NO. 55-23-37, Public Hearing and Final Reading AN ORDINANCE, AMENDING THE CODE OF ORDINANCES, CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE I SOLID WASTE DEFINITIONS AND PROCEDURES, SECTION 16-1 DEFINITIONS, SECTION 16-2 SOLID WASTE COLLECTION, SECTION 16-8 REMOVAL OF LOT CLEARING, CONTRACTORS' DEBRIS; OIL AND GREASE, RENAMING ARTICLE II TO CITY SERVICE FRANCHISE AGREEMENTS, AMENDING AND RENAMING SECTION 16-14 TO CITY SOLID WASTE FRANCHISE AWARD PROCEDURES, DELETING SECTIONS 16-16 FRANCHISE FEES, SECTION 16-18 PRIVATE REFUSE COLLECTORS; COLLECTION OF COMMERCIAL RECYCLING AND CONSTRUCTION AND DEMOLITION DEBRIS, SECTION 16-19 CITY'S COLLECTION EXEMPT FROM SECTIONS 16-10 THROUGH 16-18, SECTION 16-20 APPLICATION; FEE ACTION BY CITY COMMISSION, AND SECTION 16-21 ISSUANCE OF PERMIT, AMENDING SECTION 16-22 PERMIT REQUIREMENTS AND RULES, SECTION 16-24 PERMITS NOT TRANSFERABLE, SECTION 16-25 AUTHORITY OF PERMIT HOLDERS AND SECTION 16-30 VIOLATIONS AND PENALTIES, AND RENUMBERING SECTION 16-16 THROUGH SECTION 16-30; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. DCM Hogencamp briefly reported on the ordinance and listened to comments from the Commission. The public hearing was opened, there were no speakers, the public hearing was closed. MOTION: Approve Ordinance No. 55-23-37. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. Regular City Commission February 27, 2023 9B. ORDINANCE NO. 95-23-123, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PROPERTY SWAP AND ASSOCIATED PURCHASE AND SALE OF REAL PROPERTY OWNED BY THE CITY LOCATED AT 1 WEST FIRST STREET (A PORTION OF REAL ESTATE PARCEL NO.: 170716- 0100), AND PROPERTY OWNED BY SINGLETON ASSOCIATES, LLLP LOCATED AT 120 MAYPORT ROAD, ATLANTIC BEACH, FLORIDA 32233 (A PORTION OF REAL ESTATE PARCEL NO.: 170723-0000), AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. DCM Hogencamp reported on the ordinance as detailed in the agenda packet and answered questions from the Commission. John Dekle shared that he has been in discussion with staff and is okay with the outcome of the discussion. Mayor Ford shared concerns regarding perpetual easements. CA Thomas shared that an easement can be done by resolution and that a decision can be made before the resolution comes back regarding the easement being a perpetual duration. Mr. Dekle clarified that the easement is not perpetual but rather determinable and shared that the buyer needs to be insured that the use can continue as it has for the last fifty years. He shared that the work is being done to come up with a solution that is good for everyone. Discussion ensued regarding affordable housing and future owners of the property. The public hearing was opened. Amy Rose inquired about why the previous agreement wasn't working out and shared concerns regarding the current affordable housing. Mayor Ford shared that a land swap was the original ask between the owner and the City and that an easement will help keep the land under the ownership of the City. Ken Caudle asked about the granting of an easement and if doing so leaves the City empowered to do something with the property. Mayor Ford shared that the City could do something with the property; however, he understands that the intent of the owner is to sell and that he is not intending to put a roadblock in front of that. Brinkley Harrell shared concerns regarding the disapproval of this ordinance and concerns about affordable housing. The public hearing was closed. MOTION: Disapprove Ordinance No. 95-23-123. Motion: Michael Waters Second. Candace Kelly CA Thomas clarified that disapproval of this ordinance means that the current ordinance is gone and that there will be no land swap. He shared that he was not sure if a withdrawal was an option Regular City Commission February 27, 2023 and that the discussion could be tabled and continued for another date to allow for the ordinance to come back at a later date. He also clarified that if action is taken to not approve, the understanding is that the City would continue to work with Mr. Dekle to come up with a solution. Discussion ensued regarding an easement versus a land swap. Curtis Ford For Bruce Bole For Michael Waters (Moved By) For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 10 MISCELLANEOUS BUSINESS None. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS Mayor Ford introduced the fill-in CA Scott Thomas. CA Thomas introduced attorney Rob Graham who is also from their practice. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Kelly • encouraged everyone to attend the Recreation Department's upcoming events • promoted the ESC speaker series Commissioner Ring • thanked Linda Lanier and DCM Hogencamp for their work with the priorities • thanked DCM Hogencamp for stepping in as Interim City Manager Commissioner Waters • encouraged the minimization of division in the community Mayor Ford • advised that he will be more attentive to civility issues in the future • shared that the weed wrangle was a fun event and encouraged everyone to get involved with the next one 13 ADJOURNMENT The meeting was adjourned at 8:31 p.m. Attest: Donna L. Bartle, City Clerk Date Approved: 31i 31 2 UZ 3 Curti or, Mayor Regular City Commission February 27, 2023 Attachment A to 2-27-23 Minutes Good evening. I am representing the Arts and Recreation committee tonight. On February 14th students from Mayport Coastal Sciences Middle School attended the monthly ARC meeting and presented a request for funds to enhance the community garden at the school. You can see their presentation because it was, of course, recorded at the meeting. It occurs about 15 minutes into the meeting. It was about 10 minutes long and followed by an informative question and answer period fielded by Ms. Jill Jenkins, assistant principal at the school. Because I know your time is valuable, I am going to summarize their presentation as quickly as I can and ask that you approve this request by the ARC committee to spend funds to support the expansion of the garden and outdoor classroom. All the members of the ARC committee voted to approve this request. The garden presently consists of 13 raised beds and three picnic tables. They would like to expand to 31 raised beds and 6 picnic tables so all students can be seated at once. They would also like to add a sun shield so students can get out of the sun on their breaks and amphitheater style seating in another area to accommodate guest speakers and family education classes. There are 900 students at the school. Around 450 come from the 32233 zip code. About 25 percent come from military families. Presently 250 students use the garden daily. (This is actually just the entry level class, as there are classes on aquaponics and they use fish effluent to fertilize the gardens, but I promised to keep this short, so I am not even going to go into all that. ) Expanding the number of beds would allow each group of students to care for their own garden bed. Fresh vegetables are sent home with each student in the class and they would like to double the amount of fresh veg sent home. The goal for next school year is 12,000 pounds. The amount of money they are requesting is just under $9,468. ARC has $18K left from the community grants which will more than cover the request. The main items are the picnic tables, the sun shield, a garden shed and amphitheater -style seating for the wildflower garden so it can be used as a community outdoor theater and presentation space. As you know, the Mayport corridor is considered a food desert. This grant will help alleviate that drought in two ways, it will actually contribute food to family tables, and it will teach a generation of citizens skills to help remediate that lack in the future. I am just going to say that again, because it is the most important idea here. This grant will help mitigate the lack of fresh food available on the Mayport corridor and teach hundreds of our citizens how to supplement their diet with fresh healthy food they grow themselves. I have provided a photo of the beds as they were when I last visited. You can see that they survived the freeze better than many of the yards in my neighborhood. You can see the concrete pad in the background that will be covered with the sunshield. It can easily accommodate the additional picnic tables. Attachment A to 2-27-23 Minutes We have contacted the Oceanside Rotary and they have shown interest in helping the students access resources to revamp the garden this May if these materials are provided, so we would like to have the request approved as soon as possible. Budget summary of the 4 largest items. Item Cost Total Cost Picnic tables 1042.43 for 3 Poles for sunshade 1619.91 for 4 Garden benches 3209.5 for 25 Garden shed 1492.71 for 1 With other items the total is $9468. Again, we have this amount in the ARC grant fund. We are asking for authorization to spend it on this project. Thank you for your time. Rox rff I P! Ar?.P'l -� p-, 11 st Aild Attachment A to 2-27-23 Minutes Picnic Tables Price Quantity Sub total https://www.homedepot.com/p/Dura-Trel-6-ft. White -Vinyl -Patio -Picnic -Table - 11114/205710823 347.41 3 1042.43 10 ft Stainless steel poles for sun shade 179.99 9 1619.91 https://www.amazon.com/dp/B09MQjFFQ2? encoding=UTF8&ref =cm sw r cp ud dp 5F KA21S4PM3XHAHNIXYO&th=1 Sun Shade Sail 12 by 16 69.24 4 276.96 Cinder Blocks https•//www.homedepot.com/p/8-in-x-8-in-x- 16-in-Concrete-Block-1001924/202323962 Garden Compost Number 3 from Earth Works per yard (Wild Earth Mix) Delivery Fee for Garden Dirt Earth Works Garden Benches for by the Octopus Garden https://www homedepot.com/p/3-ft-Cedar-Fir- Wood-Log-W ood-Curved-Bench-Rustic-Style- Backless-Bench-for-Backyard -Natural-KD-W F - D21/319823439 Garden Shed https://www. homedepot.com/p/Lifetime-8-ft- W-x-10-ft-D-Plastic-Outdoor-Storage-Shed-71- 7-sq -ft-603 71/3 2107 2364. GRAND TOTAL (does not include tax) ADDITIONS? Sakrete 50 Ib bags (for pole bases) https://www. homedepot.com/p/SAKRETE-50- I b- Fa st-Set-Co n c ret a -M i x- 65305535/100350261 Composter https•//www homedepot.com/p/140-gal-3- Stage-Compost-Bin-Aeroplus-6000/204722037 Miscellaneous anchor bolts and hardware TOTAL 1 2.47 200 494 70 6 420 50 2 100 128.38 25 3209.5 1492.71 1 1492.71 $8,655.51 6.66 50 333 $369.49 1 $369.49 100 100 $9,468.00 https://www.hoi-nedet)ot.com/t)/­`COLOURTREE. 12 -ft -x -16 -ft -190 -GSM -Grey -Rectangle -Sun - Shade -Sail -with -Recta ngle-Kit-kit-TAPR1216- 9 317355696 Cinder Blocks https•//www.homedepot.com/p/8-in-x-8-in-x- 16-in-Concrete-Block-1001924/202323962 Garden Compost Number 3 from Earth Works per yard (Wild Earth Mix) Delivery Fee for Garden Dirt Earth Works Garden Benches for by the Octopus Garden https://www homedepot.com/p/3-ft-Cedar-Fir- Wood-Log-W ood-Curved-Bench-Rustic-Style- Backless-Bench-for-Backyard -Natural-KD-W F - D21/319823439 Garden Shed https://www. homedepot.com/p/Lifetime-8-ft- W-x-10-ft-D-Plastic-Outdoor-Storage-Shed-71- 7-sq -ft-603 71/3 2107 2364. GRAND TOTAL (does not include tax) ADDITIONS? Sakrete 50 Ib bags (for pole bases) https://www. homedepot.com/p/SAKRETE-50- I b- Fa st-Set-Co n c ret a -M i x- 65305535/100350261 Composter https•//www homedepot.com/p/140-gal-3- Stage-Compost-Bin-Aeroplus-6000/204722037 Miscellaneous anchor bolts and hardware TOTAL 1 2.47 200 494 70 6 420 50 2 100 128.38 25 3209.5 1492.71 1 1492.71 $8,655.51 6.66 50 333 $369.49 1 $369.49 100 100 $9,468.00 Attachment B to 2-27-23 Minutes AB Existing Code Language Sec. 24-163. - Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. (c) Recreational vehicles, boats, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: (1) Not more than one (1) recreational vehicle, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is five thousand (5,000) square feet in lot area or less. Minimum lot area of ten thousand (10,000) square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer, or other type of trailer. In no case may more than a total of two (2) such vehicles and trailers be parked on any residential lot. (2) Recreational vehicles, boats or boat trailers, or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot, it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence should not excessively dominate the front of the lot. (3) Recreational vehicles shall not be inhabited or occupied, either temporarily or permanently, while parked or stored in any area except in a trailer park designated for such use as authorized within this chapter. (4) Recreational vehicles parked or stored on any residential lot for a period exceeding twenty-four (24) hours shall be owned by the occupant of said lot. Attachment t to 2.27-23 Mint— law C J LZ. a� 4 C W —% j IG.1- 6.0' o a' Q Ac c Pio .z 16.1' Approx. 15' setback - n: Front property line BLOCK V6Coym 1ac 127' o P� d 16.6' I STORY n FRAME b 10.7 !CO nc H 25' BR.L 0 PAVER s vux :H 3/r 50F£800E7ffY) IRON PIP ENE I II N 8� 5.2,0,02" 1I 80.85' (R) cvae�i GUTIS� s4kjrSH 0RV£ (RW) SA/LF/SH OR/YE NORTH mosmo) (60' R/W) Attachment 8 to 2.27-23 Minutes Examples of violations under the existing code Attochment 8 to 2.27.23 Minut— Attachment B to 2-27-23 Minutes Attachment B to 2-27-23 Minutes Neighboring Beach City Regulations Neptune Beach Jacksonville Beach I Not permitted in the front yard. Sec. 27-328. - Other accessory structures. (b)Vehicles, major recreational equipment and manufactured homes shall not be used as accessory structures and shall be parked in side yards or rear yards In no circumstance shall a major recreational vehicle or equipment be parked within a clear visibility triangle. Major recreational equipment means any large motorized or non -motorized vehicle used for recreational purposes, such as motorhomes, trailers, campers and camper shells, boats, and trailers, converted buses and trucks, dune buggies and sand rails, and trailers, cases or boxes on wheels used to transport and/or store equipment, as well as any vehicle required to carry an "RV" tag or not licensed for legal street use. Not Permitted in the front setback. Sec. 34402. - Parking of heavy vehicles in RS -t, RS -2, RS -3, RM -t, and RM -2 zoning districts, or residential uses in RD or PUD zoning districts. For the dual purpose of preserving attractive residential areas within the city and promoting safe, unimpeded traffic circulation throughout such areas, the following supplemental parking restrictions shalt apply: (2) Within the setback area from a street right-of-way. The following vehicles shall not be parked or stored, in whole or part, within the required setback area from a street right-of- way or approved private street easement on residentially zoned property or residentially used property in an RD or PUD district: a. Any boat which measures in excess of twenty (20) feet in length. b. Any hauling trailer (except trailers mounted with boats twenty (20) feet or less in length. c. Any of the following recreational vehicles: Travel trailers, motor homes and camping trailers. d. Any semi -trailer truck or cab. e. Any commercial vehicle which measures in excess of twenty (20) feet in total body length, seven (7) feet in total width or seven (7) feet in total height, including appurtenances, equipment or cargo Attachment B to 2-27-23 Minutes Other Florida Cities • Jacksonville • Indian Harbour Beach • St. Augustine Beach • New Smyrna Beach • Daytona Beach • Clearwater • Flagler Beach • Jupiter • Boca Raton • Naples • Sarasota