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3-20-23 Special Called Meeting Adopted MinutesMINUTES Special Called Meeting of the City Commission r' Monday, March 20, 2023 - 5:30 PM Commission Chamber INVOCATION AND PLEDGE TO THE FLAG ATTENDANCE: Present: Curtis Ford, Mayor Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Joe Gerrity, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) 1. CALL TO ORDER AND ROLL CALL Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 5:30 PM. City Clerk Bartle called the roll. 2. PUBLIC HEARING ON WAIVER REQUEST (42 EAST COAST DR) A. City Attorney Procedural Reminders CA Gabriel reviewed the hearing procedures and explained the quasi-judicial proceedings. B. Disclosure of Ex Parte Communications, if any Commissioner Bole had no ex parte communications other than the emails received by the other Commissioners. Commissioner Kelly met with and listened to the applicant and his lawyer last week and received the same emails as the other Commissioners. Commissioner Ring received the same emails the other Commissioners received and spoke with Former Mayor Don Wolfson, who championed the 2006 referendum, regarding the historical context of the height limit. Commissioner Waters received the same emails the other Commissioners received and had no additional ex parte communications. Special Called Meeting of the City Commission March 20, 2023 C. SAN earing in of all persons who will speak CC Bartle swore in all persons going to testify in the hearing. D. City Staff Overview PCDD Askew presented a slide show (which is attached hereto and made part of this Official Record as Attachment A) and provided an overview of WAIV23-0003, 42 East Coast Drive. 3-20-23 Attachment A E. Applicant Presentation Attorney Terrell Arline from Ansbacher Law spoke on behalf of Mr. Shahab Derazi, owner/applicant of GPS Holding Group, LLC, referred to Attachment A, and provided details of their request. Mr. Derazi and Mr. Tim Young (contractor) agreed with Mr. Arline's presentation and were available for questions. Commissioner Bole asked for more information regarding the rooftop screens offering noise mitigation for the a/c units. Mr. Young replied an official study has not been completed, but in the current plan, the a/c units would be on the north side of the building facing another condo community. Placing the units on the rooftop would project the sound from the a/c units upwards. Mr. Young further described the proposed rooftop fencing. Commissioner Ring asked for clarification regarding the proposed rooftop fencing. Mr. Young provided more details. Commissioner Kelly asked where the elevator would be placed if the waiver was not approved. Mr. Young responded the elevator shaft would not be able to be built to 35 feet if the waiver is not approved. The building would have to be built at a two-story level. Mayor Ford asked for clarification regarding the elevator shaft height and placement. Mr. Young provided more clarification about the current and proposed design. Commissioner Waters asked for clarification regarding an architectural design element like a fence and the height restrictions. PCDD Askew confirmed the height requirements and explained a waiver would be needed to build anything taller. F. Public Comments Special Called Meeting of the City Commission March 20, 2023 Don Wolfson spoke about the history of the Charter guideline for height restrictions, including added architectural design elements. He did not support the waiver and asked the Commission to enforce the Charter. Carolyn Zisser spoke in opposition to the request to waive the height restrictions. Judy Beaubouef spoke in opposition to the waiver of the height restriction. Michael Lanier spoke about his background and efforts to support the height restrictions. Linda Lanier spoke about her time serving on the Community Development Board and the criteria required to be considered during board approvals. She compared the proposed project to some of the required criteria and does not support the waiver. Marla Buchanan spoke in opposition to the waiver due to the already submitted and approved plans for the project. Marc Melloy spoke in opposition to the requested waiver. He expressed that approval of the waiver would benefit the applicant and not the community residents. Cindy Anderson spoke in opposition to the waiver. Brinkley Harrell referenced the email he sent to all the Commissioners and spoke in opposition to the waiver. G. Closing Comments/Rebuttal Mr. Arline explained his client is not requesting a change in the Charter as the Charter allows for the height limit to be exceeded for architectural design elements. He explained that if the proposed fence is not considered an architectural design element, his client would be willing to change the fencing to a wall or another architectural component to shield the a/c units. Mr. Arline spoke about the difference between his waiver request and a variance request. H. Commission Deliberation and Action Commissioner Bole spoke in opposition to granting the waiver, noting that the waiver would violate the Charter. Commissioner Kelly expressed her support of the Charter, does not believe the proposed rooftop fence is an architectural element, and was opposed to granting the waiver. Commissioner Ring spoke in support of the Charter and in opposition of granting the waiver. Special Called Meeting of the City Commission March 20, 2023 3. 4. Commissioner Waters spoke in support of the Charter and in opposition of granting the waiver. MOTION: Deny the request for the waiver. Motion: Bruce Bole Second. Jessica Ring CA Gabriel explained the details of the motion, that it does not comply with the waiver criteria provisions of Code Section 24-66, and asked the Commission to rephrase the motion to clearly reference Section 24-66. MOTION: According to Section 24-66, do not pass the waiver. ,'Motion: Bruce Bole Second: Jessica Ring Mayor Ford addressed the concerns about the impact of the a/c units of the neighboring community and supports the Charter, allowing the applicant to build a building up to 35 feet. Mayor Ford explained he took an oath to uphold the City Charter. Curtis Ford For Bruce Bole (Moved By) For Michael Waters For Candace Kelly For Jessica Ring (Seconded By) For Motion passed unanimously 5 to 0. PUBLIC COMMENT Brinkley Harrell spoke about an inaccuracy in the budget report. He expressed his opinion on several different city projects. CITY MANAGER RECRUITMENT A. Review of, Revisions to, and Approval of Job Announcement Commissioner Bole provided statistical information regarding applicants with City Manager experience who are interested in new job opportunities and referred to Dale L. Martin's resume (which is attached hereto and made part of this Official Record as Attachment B) as an example. He spoke in favor of starting the recruitment process. The Commission reviewed the proposed announcement for the CM position. Special Called Meeting of the City Commission March 20, 2023 CM Gerrity spoke about the City Manager job template and other available City Manager positions in the area. He spoke about the essential qualities of the right candidate for the CM position for COAB. Commissioner Water spoke about the importance of budgeting experience for the upcoming CM. He questioned the timeline of the interview process. Mayor Ford responded the application deadline would be changed to the consensus of the Commission. Mayor Ford spoke about the suggested education and work experience requirements. Mayor Ford asked who would be receiving the applications for the position. He said he would suggest CM Gerrity conduct an initial review before passing them along to the Commission for review. Once the first -level approved applicants get passed to the Commission, individual Commissioners could contact each candidate and conduct their own interviews. He also asked the Commission for their opinion on the City paying for the travel expenses and accommodations for non -local qualified candidates. A conversation ensued regarding the interview process. Mayor Ford brought up salary and housing costs for the available position. He suggested a larger salary range instead of a specific housing allowance. A conversation ensued regarding residential qualifications. Commissioner Ring asked for clarification regarding the listed qualifications. Mayor Ford explained the education and work experience. It was the consensus of the Commission to reword the background requirements to include "preferred" replacing "required." Mayor Ford asked the Commission for guidance regarding a salary range for the CM position. He suggested $160,000 - $180,000. A conversation ensued regarding additional salary range suggestions. It was the consensus of the Commission to offer a salary range of $160,000 - $180,000. Mayor Ford asked the Commission for guidance regarding the application deadline date. A conversation ensued regarding application deadline dates. It was the consensus of the Commission for an application closing date of 30 days (April 20„ 2023). Mayor Ford asked the Commission for guidance regarding setting an applicant selection date. A conversation ensued regarding application deadline dates. It was the consensus of the Commission for an applicant selection date of May 10, 2023, with the flexibility of extending the date if needed. Mayor Ford asked if there were any other suggested changes to the job announcement. CM Gerrity suggested removing the median housing pricing information from the job announcement. Special Called Meeting of the City Commission March 20, 2023 Mayor Ford thanked CM Gerrity and DCM Hogencamp for their hard work on this project. CM Gerrity would make the proposed changes to the job announcement. 3-20-23 Attachment B 5. DORA DRIVE PROPERTY - STORMWATER MITIGATION PARK A. Dora Drive Property - Stormwater Mitigation Park Mayor Ford summarized the project and explained the options for the location. Commissioner Bole asked about the $4,000 expenditure. CM Gerrity confirmed the $4,000 would be for the two appraisals of the property. Mayor Ford reviewed the area's drainage issues and highlighted the project's scope, including possible future plans. Commissioner Bole suggested paying for the appraisals to better understand the property's actual value. Commissioner Ring supported Commissioner Bole's statement and supported getting the appraisals done. Commissioner Bole suggested adding the project to the next Commission meeting for further discussion and having City Engineer Swann available for questions and to provide more information. Final comments: Mayor Ford thanked the Commission and the public for their time. 6. ADJOURNMENT The meeting adjourned at 7:40 PM. Attest: Donna L. Bartle, City Clerk Date Approved: q/11/Z02,3 -il Curtis Ford, Mayor Special Called Meeting of the City Commission March 20, 2023 Attachment A 3-20-23 Minutes WAIV23=0003 42 East Coast Drive Request for a waiver to exceed the maximum building height of 35 -feet for screening walls to house the AC units and elevator shaft Attachment A 3-20-23 Minutes ite Context and Details Southwest corner of Ahern St. and East Coast Drive Zoned CBD Currently vacant parcel Feb. 2023 a building permit issued for 3 story retail/office building 3G7 19 46 •i i1 ,��i� �r 03 �jam, � �� .. ����76 ' S3� 25'� _ 7. U � 4 ' 2')9 A -a .•s -sir IM'• �jam, � �� .. Attachment A . 3-20-23 Minutes Site Ca n d Details Waiver for 48" screeninLa wall NEW A/C UNIT LOCATION W! 48" SCREEN U -41 1 1 i I .f . 1141" 01, IN SigY ' Attachment A 3-20-23 Min .jildin Permit #PP12lmOO13 lem Attachment A 3-20-23 Minutes urntT *34*- 1 l 33/64" 3RD FLOOR X21'-11" C Li Cr 2ND FLOOR 11'-8" 1ST 10.56' ABOVE CFAI VM 1" EFS FINISH EAST ELEVATION GALE 1116' - 1' C - AlIICa C Building Permit #PP12lmOO13 Attachment A 3-20-23 Minutes Building Permit #PP12lmOO13 _..... .......... ............._. C r fir "Com �I���t�N��NNN�■ .................................................. /A\ /Ak\ .:i» ltltEQltlt MEET 11l1fl Mae i—mi—M ,.. OWN i&N rA� FAN iAL% iAL% >=0=�M��n�listory of Height Regulations 1969 to 1981 ---zoning regs limited development to 30' (with exceptions to churches, libraries and institutional up to 60' ) Flag poles, radio towers and church spires exempted 1982 ---35' height restriction with exceptions for domes, cupolas, parapet walls. 2001 ---amended to only allow chimneys to exceed 35' 2006 --- voter referendum result -the max. 35' also added to city charter. Attachment A 3-20-23 Minutes Relevant Code Sections Section 59 Zoning, land development regulations and maximum building height "Further provided, however, that the city commission may approve, pursuant to the applicable section of the city's land development regulations, requests to exceed the maximum building height of thirty-five (35) feet for exterior architectural design elements, exterior decks or porches within nonresidential land use categories as designated by the future land use map of the adopted comprehensive plan, for nonresidential development." Attach ent A 3-20-2 Minot Relevant Code Sections 3-20-23 Minutes Sec. 24-156. - Exceptions to height limitations. Upon specific application, the city commission may grant waivers to the maximum height of buildings as set forth within this chapter only within nonresidential zoning districts and only in accordance with the following: (a) In no case shall approval be granted for any height of building within the city exceeding thirty-five (35) feet, except in accordance with of the city Charter. (b) Requests to exceed the maximum height for certain elements of a building may be considered and approved only within nonresidential land use categories and for nonresidential development. Further, any such nonresidential increase to the maximum height of building shall be limited only to exterior architectural design elements, exterior decks or porches, and shall exclude signage, storage space or habitable space as defined by the Florida Building Code and shall be approved only upon demonstration that the proposed height is compatible with existing surrounding development. Attachment A 3-20-23 Minutes Relevant Code Sections Sec. 24-17. - Definitions. Height shall mean the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachment thereto, exclusive of chimneys. Attachment A 3-20-23 Minutes Relevant Code Sections Sec. 24-81. - General restrictions upon land, buildings and structures. "Height. The maximum height of buildings within the City of Atlantic Beach exceed thirty-five (35) feet; provided however, that existing buildings which exceed thirty-five (35) feet in height may be repaired to that existing height, no alterations shall be made to any building, which would cause that building to exceed thirty-five (35) feet in height." Sec. 24-115. -Central business district (CBD)(g) (4) Maximum building height: Thirty-five (35) feet. Attachment A 3-20-23 Minutes Waiver Process (a) General. Except for those waivers authorized by n A 1 0` , where the city commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this chapter, the city commission may approve a waiver. (b) Conditions of waiver. An applicant seeking a waiver shall submit to the city commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The city commission shall not approve a waiver unless: (1) Compliance with such provision(s) would be unreasonable; or (2)Compliance with such provision(s) are in conflict with the public interest; or (3) Compliance with such provision(s) are a practical impossibility. (c) A waiver shall not modify any requirement or term customarily considered as a variance. (d) A waiver shall be considered only in cases where alternative administrative procedures are not set forth within the city Code of Ordinances. (e) A waiver from the land development regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of these land development regulations. In considering any request for a waiver from these land development regulations, the city commission may require conditions as appropriate to ensure that the intent of these land development regulations is enforced. Attachment B 3-20-23 Minutes DALE L. AL4,RTIN 2404 Los Robles Fernandina Beach, FL 32034 (904) 557-5047 dallmartin@yahoo.com City Manager, Fernandina Beach, Florida (December, 2015- February, 2023) population 13,500; Atlantic Ocean barrier island community (Amelia Island) approximately twenty-five miles northeast of Jacksonville; balanced permanent resident and coastal resort community rich in history with several registered historic landmarks and strong environmental advocacy; city services include municipal water, wastewater, and stormwater utilities; police and fire protection; marina; airport; golf course; streets (approximately seventy miles of improved roads); numerous parks, including nearly ten miles of Atlantic Ocean beaches; fourteen direct subordinates among 230 full-time, 150 part-time/seasonal employees; City Taxable Value, $3,500,000,000; annual budget approximately $196,000,000 (General Fund approximately $26,000,000). • Managed community recovery efforts following Hurricanes Matthew and Irma (both impacted community as tropical storms), including a successful arbitration effort against the Federal Emergency Management Agency (FEMA) to restore over $6,000,000 of obligated funding (FEMA original obligation was $650,000). • Prepared and championed the FY 2oi9 budget, unanimously adopted by City Commission, which included an additional 0.50 mill levy above the proposed operating levy for acquisition of environmentally sensitive and conservation land ($1.2 million). • Resuscitated 2005 collaborative effort between City, Florida Department of Transportation, and First Coast Railroad to re -open a critical downtown rail crossing (closed for nearly forty years; construction funded in FY 2022). • Led effort to design waterfront resiliency and park project (conceived for nearly thirty years; construction of first phase complete in April, 2022). • Negotiated three collective bargaining contractors over four months (police, fire, and general laborers), as well as the de-certification/re-certification of one of those units. • Reviewed and revised staff salaries/wages considering current economic conditions and labor market. • Assessed community infrastructure following decades of neglect (roads, City Hall, recreation centers, public safety), including 2019 pavement management analysis, 2020 City Hall assessment, and scheduled FY 2022 construction of new fire station. • Served as Vice Chairman, Florida Resiliency and Energy District (FRED) Executive Board and Secretary/Treasurer, Northeast Florida League of Cities (NEFLC) Executive Board. • Authored weekly article for area print and online media. Town Manager, Winchester, Connecticut (April, 2011- November, 2015) population 11,000; diverse and distressed community in northwest Connecticut, with urban, rural, and natural regions; services included town -owned and operated water and sanitary sewer treatment facilities and distribution systems; police and (volunteer) fire protection; public works (approximately eighty miles of roads); parks; senior citizen center; and general government; sixty full-time employees; annual budget, approximately $33,000,000. Assisted with discovery, investigation, and prosecution of former Finance Director's embezzlement of approximately $2.5 million. Attachment B 3-20-23 Minutes Dale L. Martin • Performed additional duties as Town Planner and Town Economic Development Director. • Prepared and awarded state grants of $600,00o for brownfield and economic development assistance; other grant applications have included Main Street Investment Fund, Smart Growth America, Connecticut Main Street Preservation of Place, and Vibrant Community Initiative. • Negotiated five labor contracts (Police, Public Works, Supervisors, Assistants, Dispatch) • Appointed to State's MORE (Municipal Opportunities & Regional Efficiencies) Commission; served on Board of Directors for Northwest Connecticut Chamber of Commerce and the Northwest Connecticut Economic Development Corporation. City Manager, Davison, Michigan (population 5,500; April, 2oo8-August, 2010) City Manager, Dowagiac, Michigan (population 6,500; March, 2007 September 2007) City Manager, Linden, Michigan (population 3,500; November, 1998- March, 2007) Village Manager, Lexington, Michigan (population Boo; April, 1996- October, 1998) United States Military Service: • First Lieutenant, s8t Brigade, 3rd Infantry Division, United States Army, Schweinfurt, Bavaria, Federal Republic of Germany (1992-1994) served as Brigade intelligence officer (S2); principal responsibilities included intelligence support for senior commanders (specifically related to ethnic conflict in and dissolution of former Socialist Federal Republic of Yugoslavia). o Responsible for international treaty compliance; document security; garrison security; computer security. o Prepared for and supervised two "no -notice" international arms control inspections (Russian, Ukrainian). • Second Lieutenant, C Company, 2115 Infantry, United States Army, Ft. Benning, Georgia, and Schweinfurt, Bavaria, Federal Republic of Germany (1990-1992) served as M2 Bradley mechanized infantry platoon leader. o Awarded Expert Infantryman Badge, Army Commendation Medal; Army Achievement Medal (with oak leaf cluster), National Defense Service Medal, Overseas Service Ribbon, and Parachutist Badge, Professional Honors: • Full Member, International City/County Managers' Association (Twenty -Five Year Service Award) and Florida City/County Managers Association • Professional Emergency Manager (Michigan State Police) • Michigan Political Leadership Program fellow (Michigan State University) • American Legion Post #54, including National Leadership College (membership: twenty- four years; former Post Commander [Linden, Michigan]). Education: Master of Public Administration, Oakland University (Rochester, MI), 1990; Bachelor of Arts (Political Science), Alma College (Alma, MI), 1985• Personal interests: Boardgames, singing, golf, reading.