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8-22-22 Regular Commission Meeting Adopted MinutesMINUTES s, Regular City Commission Meeting Monday, August 22, 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. /_1 0 Y 01017,104 X Present: Ellen Glasser, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 Absent: Michael Waters, Commissioner - Seat 3 Also Present: Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) 1 APPROVAL OF MINUTES IA. Approve minutes of the Regular City Commission Meeting held on February 28, 2022. 1B. Approve minutes of the Special Meeting of the City Commission held on August 15, 2022. 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 PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. There were no speakers. Regular City Commission August 22, 2022 3 CITY MANAGER REPORTS 3D. Donna Marathon (This item was taken out of sequence.) Amanda Napalitano, Executive Director of the Donna Foundation, spoke about the planned route and events for the upcoming race and asked COAB to support the additional routes. Commissioner Bole spoke about bystanders using aerosol paint on the roads. Ms. Napalitano responded the foundation does not support the use of aerosol paint. Mayor Glasser asked for clarification regarding the traffic impact of the additional loop in routes of the course. Police Chief (PC) Victor Gualillo spoke about the traffic impact from the race route and provided additional safety information to the Commission regarding the marathon. He supports the proposed plan and routes. Commissioner Norris asked how information regarding the impacts of the marathon is spread to the community. PC Gualillo responded by saying the marathon organization usually spreads the information. He noted flyers were not posted last year, not many issues were noted, and accommodations are offered if needed. 3A. Accept the 90 -Day Calendar (Sept. - Nov. 2022) Mayor Glasser advised she would not be attending the October 15, 2022, Town Hall. There was CONSENSUS to accept the 90 -Day calendar. 3B. Paid Parking at 18th and 19th Beach Accesses CM Corbin reported that the program is going well, and data would continue to be collected. Commissioner Kelly suggested amending the paid parking Ordinance to reflect proceeds going towards community enhancements. CM Corbin stated he would bring this back for consideration. 3C. Discussion on leave cash in policy Human Resources Director (HRD) Cathy Varian presented information regarding bringing back the staff benefit to cash in their leave balance for cash (which is attached hereto and made part of this Official Record as Attachment A). HRD Varian explained some details of the benefit. Contracts have been negotiated with both unions to include this benefit. Commissioner Bole asked about employee options for using or cashing out their max allotted vacation time. HRD Varian briefly explained employee options. Attachment A 08-22-22 Minutes Regular City Commission August 22, 2022 3E. Discussion on proposed Resolution 22-52 CM Corbin explained the purpose of the Resolution was to consolidate the multiple current resolutions regarding CARAC into one Resolution and to update any needed information in the new Resolution as needed. Recreation and Cultural Arts Director (RCAD) Latrenia Thomas explained the proposed draft would allow the Commission to review the Resolution to make suggestions and give feedback before final approval. DCM Hogencamp explained the presented draft had not been reviewed by legal or the Clerk's office. He explained some proposed changes highlighted in the Resolution. Commissioner Norris asked why Youth Council is being referenced in a CARAC resolution. Mayor Glasser explained more details regarding the establishment of the Youth Council and a possible name change to include both. RCAD Thomas explained how the Youth Council operates, and CARAC would like feedback and reports from the Youth Council program. Commissioner Kelly asked if CARAC is supportive of the grant section in the new Resolution. RCAD Thomas explained CARAC provided a lot of feedback during the process. Commissioner Kelly asked about the documentation for the grant process. RCAD Thomas answered there is good documentation of the grants. Mayor Glasser asked the Commission for their opinion on the program's name change. It was the consensus of the Commission to support a name change. CA Durden suggested being more specific in the Resolution on the provisions that would remain in place. Regarding the Youth Council, the Commission would like to find clarifications to help with the operations of the Council. CC Bartle suggested clarifying the roles of alternates and current members. She asked about subcommittees, a Liaison clarification, and meeting times. She asked to either copy from other committees or present it to CARAC for their input. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole spoke about receiving complaints regarding the IQ Fiber installations and that he would like to see what the City is going to do with the right-of-way. He also spoke about The Beaches Leader being the best option for the future City Attorney. CM Corbin explained the City's plans on eventually putting out a notice to bid for the position in the future. Commissioner Bole also chimed in on the City's mission statement. Commissioner Kelly commended recreation for acoustic night. Regular City Commission August 22, 2022 5 6 7 8 Commissioner Norris wanted information regarding street lights on Main Street. DCM Hogancamp mentioned that they routinely communicate with JEA regarding this topic. Mayor Glasser spoke about opioid awareness on September 13, 2022 as detailed in a flyer (which is attached hereto and made part of this Official Record as Attachment B). She also congratulated CC Bartle for 31 years of service with the City. She also reported on beach smoking and asked for this to be placed on the next agenda as a discussion item. Attachment B 08-22-22 Minutes UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. CONSENT AGENDA 6A. Acknowledge receipt of the Monthly Financial Report for July 2022. MOTION: Approve Consent Agenda Item 6A as written. Motion: Brittany Norris Second. Candace Kelly Ellen Glasser For Bruce Bole For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 4 to 0. COMMITTEE REPORTS None. ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 22-50 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC WORKS DEPT. TO PURCHASE A 2023 INTERNATIONAL MV607 SBA CLAM TRUCK WITH A PETERSEN TL3 GRAPPLE LOADER; AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE ORDER 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 Public Works Department has asked for this equipment for many years. Director of Public Works (DPW) Scott Williams explained the function and need of the truck. Regular City Commission August 22, 2022 MOTION: Adopt Resolution No. 22-50. Motion: Brittany Norris Second. Bruce Bole Ellen Glasser Bruce Bole (Seconded By) Candace Kelly Brittany Norris (Moved By) Motion passed 4 to 0. For For For For 8B. RESOLUTION NO. 22-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO THE 2023 JUSTICE ASSISTANCE GRANT PROGRAM. Mayor Glasser read the Resolution by title. CM Corbin explained the COAB receives this grant every year from the county. Chief Gualillo explained the county and surrounding cities have agreed on how to spend the grant funds. Part of the funds would be spent on a Crime Analyst employed by the county. The remainder of the funds would be used on miscellaneous projects throughout the City. MOTION. Adopt Resolution No. 22-51. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 4 to 0. 8C. RESOLUTION NO. 22-53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING ORGANIZATIONAL MISSION AND VALUES STATEMENTS ESTABLISHED BY CITY STAFF; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. Regular City Commission August 22, 2022 CM Corbin explained a priority for this year was to adopt a Mission and Value Statement for the COAB. He said a staff survey was done, and Linda Lanier and DCM Hogencamp compiled the information from the survey. DCM Hogencamp explained the Resolution as detailed in a slide show (which is attached hereto and made part of this Official Record as Attachment C). He reviewed the suggested changes to the statements. Attachment C to 8-22-22 Minutes MOTION: Adopt Resolution No. 22-53 with the amended language. Motion: Brittany Norris Second: Bruce Bole The Commission thanked Linda Lanier and staff for their work in coming up with the City's mission. Ellen Glasser For Bruce Bole (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed 4 to 0. 9 ACTION ON ORDINANCES 9A. ORDINANCE NO. 95-22-121, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REPEALING AND REPLACING SECTION 5-33, ENFORCEMENT OF PARK RULES AND REGULATIONS; PROVIDING FOR A NEW TITLE; PROVIDING NOTICE REQUIREMENTS AND EXCLUSION PROVISIONS FOR TRESPASS WARNINGS AND FOR TRESPASS AFTER WARNINGS; ESTABLISHING AN APPEAL PROCESS; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the ordinance by title. CM Corbin explained the ordinance. CA Durden explained the changes as detailed in the redlined version (which is attached hereto and made part of this Official Record as Attachment D) and answered questions from the Commission, along with Chief Gualillo. Mayor Glasser opened the public hearing. There were no speakers, and the public hearing was closed. Attachment D 08-22-22 Minutes Regular City Commission August 22, 2022 MOTION: Approve Ordinance No. 95-22-121 in accordance with Exhibit A dated August 19, 2022. Motion: Brittany Norris Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed 4 to 0. 10 MISCELLANEOUS BUSINESS None. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Durden spoke about bringing back information regarding the upcoming Charter Review Committee. CC Bartle spoke about qualifying week for AB candidates. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER CM Corbin reminded everyone about the Main Street meeting on Thursday, 8/25/22, at 2 P.M. and 6 P.M. Mayor Glasser announced the first Youth Council meeting on August 25, 2022 and invited the Commission. She mentioned Greg Franick would be honored by Mayor Curry and JFRD. She also spoke about voting day. 13 ADJOURNMENT The meeting adjourned at 8:20 p.m. Attest: Donna L. Bartle, City Clerk Date Approved: 4// 0 2023 z� Bruce Bole, Commissio Regular City Commission August 22, 2022 Attachment A 8-22-22 Minutes AGENDA ITEM: SUBMITTED BY: TODAY'S DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution No. 22-49 authorizing the leave cash -in program as an additional City benefit for eligible employees Cathy Varian, Human Resources Director August 8, 2022 MEETING DATE: August 22, 2022 BACKGROUND: Prior to 2013, City Employees had the opportunity twice a year to cash -in their leave balances down to 120 hours. The maximum leave balance was 960, so it was a coveted benefit for employees. This program was eliminated along with many other employee benefits at the time. The current maximum leave balance for employees is 680. Due to staffing shortages, many employees are unable to take leave and therefore, lose accrued leave time. Some type of leave cash -in was a priority for both unions this year and was a priority expressed by many during the benefits survey recently completed by Human Resources. The terms negotiated by the unions were to allow employees to cash -in up to 50 hours of accrued personal leave on September 1 of each year, as long as they maintain a balance of 80 hours of leave after the cash -in. For budgeting purposes, employees will be required to submit a request for leave cash -in by July 1 of each year. The City benefits from this policy by paying employees for leave at their current rate of pay, rather than the larger salary they would be making upon termination. Human Resources will draft a Policy for the Employee Handbook and a request form for this purpose. BUDGET: No discernable budget impact at this time. RECOMMENDATION: Approve the addition of Leave Cash -in as a City of Atlantic Beach benefit for its eligible employees, thus giving the City's employees the opportunity to get paid for their accrued leave time rather than lose it. ATTACHMENT: Resolution No. 22-49 REVIEWED BY CITY MANAGER: Overdose Awareness Seminar Join Mayors Glasser, Hoffman, Brown and Jacksonville City Council Vice President Salem as they host a panel of experts to describe how the beaches communities are being impacted by the overdose epidemic, l��M rC�d��fl �@[��@Cramb@C� �►� rl � �©�� Time: 6:30 p.m. — 8:00 p.m. 5:30 p.m. — 6:30 p.m. cafe open for free coffee and snacks Location: Beaches Vineyard Church 751 Atlantic Blvd. Atlantic Beach, FL 32233 Scan to Register PI❑I❑ Yj a; In Atlantic Beach, we have a strong sense of belonging and safety. Our citizens and government care deeply about community character, and we understand that unified support is required to preserve it. We are graced with the functional beauty of our beach, our marsh, and our tree canopy. Our shady streets and multi -use paths connect our welcoming neighborhoods and vibrant local businesses. Our city supports our diverse, multigenerational, socially linked community with green spaces, active lifestyles, parks, and programming. Est. Dec. 13, 2021 Mission (What we do, who we do it for, and the value we bring to AB.) The City of Atlantic Beach works to fulfill the goals of the City Commission's Annual Priorities and 2040 Community Vision. Through valuable relationships with our citizens, local businesses, vendersother stakeholders, and each other, we strive to provide the best in City services, programming, public utilities, infrastructure and public safety. Further, we are committed to preserving the natural beauty and the quality of life in all of our neighborhoods, from the beach to the marsh, Qw n,.e2n6cip 2nd h4;wrhr:de c.,rv,rv,..r:+., for future generations. Aug. 22, 2022 AnacAlmenz 1,; 8-22-22 Minutes Values (Why we do this work, how we do it, the underlying philosophies that guide our decision making, our corporate culture, and what we aspire to. These values link our underlying operations and decisions.) LEADERSHIP. We recruit and retain a team of high -performing employees with diverse talents; and our workplace culture encourages initiative, innovation, creativity, and continuous improvement. INCLUSIVENESS. We respect, listen to, and invest in our employees; we strive to be a -re equitable; and every area of our City matters. EFFICIENCY. Our best decisions balance thoughtfulness, fairness, swiftness and transparency; and we use technology and data as strategic tools for decision- making. EXCELLENCE. We strive to deliver outstanding value and customer service to our citizens, local businesses, visitors, and each other. We are reliable. We do what we say we will do with excellence, professionalism, and fiscal integrity. Aug. 22, 2022 Attachment D 8-22-22 Minutes 8/19/2022 EXHIBIT A, New Section 5-33 See. 5-33. Trespass procedures on public property. r ; 2-. Z 1 YO v ►- P (a) Trespass for violation of State Statutes. 11'a person is arrested based upon probable cause to believe that the person has committed any o€4he-offenses enumerated in the Florida Statutes within any City facility, building or outdoor area that is open to the general public, including without limitation, municipal parks and beaches, an officer of the Atlantic Beach Police Department will -nay exclude that person from all City property identified herein for a period of up to one year. Upon arrest, every person excluded from City property pursuant to this subsection must be provided a notice of trespass after warning, in accordance with this subsSection-(e) below. (b) Trespass for violation of park rules and Atlantic Beach's Code of Ordinances. If a person is cited for violation of park rules or the City of Atlantic Beach's Code of Ordinances, an officer of the Atlantic Beach Police Department may exclude for a period of up to one year as provided below that person from the particular City property where the offense occurred as set forth below. Every person excluded from City property pursuant to this subsection must be provided a notice of trespass after warning in accordance with this srrbsSection4 ). (1) First violation (warning only). First time violations will result in the violator being warned of the violation by an officer of the Atlantic Beach Police Department and other certain city employees designated by the Chief of Police. If the violator is a juvenile, then the police officer will obtain parental/guardian information and contact the juvenile's parent/guardian and inform the parent/guardian of the warning. All warnings will be documented on an ABPD notice of warning form, a copy of which will be provided to the violator and will be retained by the Police Department. (2) Second violation within one year from the date of the first violation. If the violator is a juvenile, then a police officer will notify the juvenile's parent/guardian and complete a notice of trespass after warning form excluding the juvenile from the City property for thirty (30) days and make available a copy for the juvenile's parent. If the violator is an adult, then a notice of a trespass after warning will be issued to the violator excluding that person from the City property for thirty (30) days. (3) Third and subsequent violations, including but not limited to a violation of a thirty (30) day exclusion period issued pursuant to subsection (2) above, within one year from the date of the second offense. If the violator is a juvenile, the police officer will contact the juvenile's parent/guardian and complete a notice of trespass after warning form for one (1) year. If the violator is an adult, the police officer will issue a notice of trespass after warning for one (1) year. Third and subsequent violations will be considered a violation of Section 810.09(2)(b), Florida Statutes. (c) The notice of trespass after warning must be in writing with a case number and a copy delivered to the excluded person either by hand delivery or certified mail return receipt 01810313.1 3 Attachment D 8-22-22 Minutes 8/19/2022 requested. In the event that hand delivery or certified mail is not an option for delivery, the notice may be posted at City Hall. The notice of trespass after warning must specify the following: (1) The areas of City property from which that person is excluded; (2) The nature, reason and basis of the violation; (3) The duration of the trespass after warning, as applicable; and (4) Information concerning the right to appeal the exclusion to the special magistrate as provided for in this Section. (d) Authority to regulate park activities. The City Manager, with assistance of the Director of Parks and Recreation Department and the Chief of Police, is authorized to adopt rules and regulations related to activities in the City's parks and beaches, to include but not limited to hours of operation and terms and conditions of use, which shall be approved by resolution of the City Commission. (e) The Police Department is authorized to: (1) Direct any individual to leave any city park or beach or any specific area of any city park, and to complete a trespass after warning notice prohibiting an individual from returning to a city park or beach or any specific area of a city park based on the individual's violation of posted park rules or violations of criminal codes and/or statutes as set forth in this Section. (2) Close down a city park or any portion of a city park due to violations of park rules, violations of criminal codes and/or statutes, or due to public safety concerns. (3) This subsection shall not be construed to limit the authority of a police officer to issue a notice of trespass to any person for any lawful reason for any City property, including without limitation rights-of-way, when closed to general vehicular or pedestrian use, as necessary or appropriate in the sole discretion of the City police officer. (f) This Section shall not be construed to limit the authority of officers of the Atlantic Beach Police Department to arrest or cite individuals for violations of any section of the City's Code of Ordinances or the Florida Statutes. (g) Any person found on or within any City property identified in subsection (a), in violation of a notice of trespass after warning issued in accordance with this Section may be arrested for trespassing, except as otherwise provided in this Section. (h) The City Manager may, upon request, authorize an individual who has received a trespass after warning to enter the property or premises to exercise his or her First Amendment rights if there is no other reasonable alternative location to exercise such rights or to conduct necessary municipal business. Such authorization must be in writing, shall specify the duration of the authorization and any conditions thereof, and shall not be unreasonably denied. (i) Appeal of trespass warning or trespass after warning. A person to whom a trespass warning or a trespass after warning is issued under this Section shall have the right to appeal the issuance of the subject warning as follows: 01814313.1 4 Attachment D 8-22-22 Minutes 8/19/2022 (1) An appeal of the trespass warning or the trespass after warning must be filed, in writing to the City Clerk, within fifteen days of the issuance of the warning, and shall include the appellant's name, address and phone number, if any. No fee shall be charged for filing the appeal. (2) Appeals shall be heard by a special magistrate with whom the City contracts to provide this service. (3) Within seven days following the filing of the appeal, the special magistrate shall schedule a hearing. Notice of the hearing shall be provided to the appellant in one of two ways: a. By providing the appellant a copy of the notice of hearing in person at the time he or she files the appeal. This shall be the preferred method of notice. When it is not possible to provide notice in this manner, the appellant shall be informed that notice of the hearing will be provided in accordance with paragraph (b) below. b. By leaving or posting the notice at the front desk of City Hall. (4) The special magistrate shall hold the hearing as soon as possible. In no event shall the hearing be held later than 60 days from the filing of the appeal. (5) Copies of documents in the City's control which are intended to be used at the hearing, and which directly relate to the issuance of the subject warning to the appellant, shall be made available upon request to the appellant at no cost. (6) The appellant shall have the right to attend with an attorney, the right to testify, and to call witnesses and present evidence. The appellant shall have the right to bring a court reporter, at his or her own expense. (7) The special magistrate shall consider the testimony, reports or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. (8) The City shall bear the burden of proof by clear and convincing evidence that the subject warning was properly issued pursuant to the criteria of this Section. (9) If the appellant fails to attend a scheduled hearing, the special magistrate shall review the evidence presented and determine if the subject warning was properly issued pursuant to the criteria of this Section. (10) Within ten days of the hearing, the special magistrate shall issue a written decision on the appeal which shall be mailed to the appellant at the address provided. (11) The decision of the special magistrate shall be final and the appellant shall be deemed to have exhausted all administrative remedies. Such decision may be subject to judicial review in the manner provided by law. (12) The subject warning shall remain in effect during the appeal and review process, including any judicial review. (j) Review of decision of special magistrate. The decision of the special magistrate is subject to review in the Circuit Court by petition for writ of certiorari. Any petition for writ of certiorari 01614323-1 Attachment D 8-22-22 Minutes 8/1912022 for review shall be filed with the Clerk of Circuit Court within 30 days from the date of the special magistrate's written decision. 01511313.1 6