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9-23-24 Regular Commission Meeting Adopted MinutesMINUTES Regular City Commission Meeting . - �• ''.t Monday, September 23, 2024 - 6:30 PM �Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:42 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 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: William B. Killingsworth, City Manager (CM) Kevin Hogencamp, Deputy City Manager (DCM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Amanda Askew, Planning & Community Development Dir. (PCDD) Cathy Varian, Human Resources Director (HRD) Emergency RESOLUTION NO. 24-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING RENEWAL OF ALL LIABILITY INSURANCES AND WORKERS' COMPENSATION INSURANCE WITH PREFERRED GOVERNMENTAL INSURANCE TRUST FOR 2024-2025, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEVANT DOCUMENTS. MOTION: Move that Resolution (No. 24-51) to the end of the agenda as an emergency. Motion: Candace Kelly Second. Bruce Bole Curtis Ford For Regular City Commission September 23, 2024 Bruce Bole (Seconded By) For Michael Waters For Candace Kelly (Moved By) For Jessica Ring For Motion passed S to 0. APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission meeting held on August 12, 2024. 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 Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. PUBLIC COMMENT CC Bartle called each speaker to the podium. Cindy Anderson spoke about agenda item 9D. Carole Schwartz urged the Commission to consider the long-term outlook and complete a stormwater management survey. Mary Emerson -Smith expressed concerns regarding stormwater drainage. Tim Anderson discussed tennis -related matters. Brooke Anderson spoke in support of tennis league play. Eileen Edsall asked the City to honor previously issued tennis permits. Meredith Frisch also requested that the City honor the tennis permits that have already been issued. Claudia Adams expressed support for the current protocols for reserving tennis courts. Ali Hall requested that the City honor the tennis permits already issued. Shylo Kline addressed concerns that have been raised regarding tennis league play. Anastasia Houston requested that the City honor the tennis permits already issued. Regular City Commission September 23, 2024 Silet Wylie addressed concerns regarding flooding. Stephen Curtiss requested that the City include Paradise Cove in future drainage projects. Catrina Terrill requested that the City include Paradise Cove in future drainage projects. Lois Newmann addressed flooding issues. Mark Gabrynowicz discussed agenda item IA and encouraged everyone to review the letter related to this item. Holly Waters encouraged the Commission to consider creating a stormwater master plan before making any changes to Chapter 24. Karl Klein addressed flooding concerns on Oak Circle. Ellen Glasser expressed support for GFL and advocated for an update to their fees. She also spoke about the budget and Land Development Regulations. Ana Tari addressed concerns regarding tennis regulations. Nancy Staats spoke about stormwater drainage issues. Susanne Barker addressed the proposed changes to Chapter 24. Nathan Lee shared his experience with stormwater drainage issues. Albert Kerber spoke about the proposed revisions to Chapter 24. CC Bartle read the names and comments from the citizen who did not wish to speak as follows: Angie Talbatt expressed support for the JRP protocols. Vicky Love is in support of maintaining tennis permits. 3. CITY MANAGER REPORTS There was a CONSENSUS to accept the 90 -Day Calendar. 3.A. Accept the 90 -Day Calendar (Sep. - Nov. 2024) There was a CONSENSUS to accept the 90 -Day Calendar. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Regular City Commission September 23, 2024 6. 7. 8. Commissioner Bole • Praised the CM and DCM for the policies they have developed regarding tennis. • Stated that personal attacks against staff are neither acceptable nor appropriate. • Reported that research confirms addresses are not required from speakers during public comment. • Commended the DCM for the risk mitigation efforts and reduced liability recently approved by the City. Commissioner Kelly • Mentioned a vulnerability study conducted in 2019. Commissioner Ring • Spoke about stormwater management. Commissioner Waters • Expressed gratitude to the CM and DCM for their work on tennis regulations. • Briefly addressed flooding concerns and thanked Public Works for their efforts in managing recent storms. Mayor Ford • Briefly addressed tennis regulations. • Spoke about recent rain events. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. CONSENT AGENDA Mayor Ford read the agenda item. 6.A. Declare this list of property as surplus so that the items may be disposed of in the most beneficial way to the City. MOTION. Approve the consent agenda (item 6A) as written. 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 5 to 0. COMMITTEE REPORTS None. ACTION ON RESOLUTIONS Regular City Commission September 23, 2024 8.A. RESOLUTION NO. 24-50 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FUNDING FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE FISCAL YEAR 2024-25 FUNDING CYCLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS AND PURCHASE ORDERS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. CM Killingsworth explained the resolution as detailed in the agenda packet. MOTION: Approve Resolution (No.) 24-50. 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 S to 0. 8.B. RESOLUTION NO. 24-46, Public Hearing on Adoption of Resolution No. 24-46 for the Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30,2025; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND PROVIDING AN EFFECTIVE DATE. Link to proposed annual operating budget book Mayor Ford read the title of the resolution and stated the following: Here at the City of Atlantic Beach The Rolled—Back Rate Is 2.6121. The Millage Rate To be Levied is 2.8410. The millage rate to be levied is 8.76% more than the rolled -back rate and is a percentage increase in property taxes per sec. 200.065(2)(c) Florida Statutes. The purpose for adopting the millage rate of 2.8410 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Regular City Commission September 23, 2024 MOTION: Approve Resolution No. 24-46. Motion: Bruce Bole Second. Michael Waters The public hearing was opened. CC Bartle called the speaker to the podium. Brinkley Harrell spoke about the millage rate. The public hearing was closed. Curtis Ford For Bruce Bole (Moved By) For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. 9. ACTION ON ORDINANCES 9.A. Public Hearing and Final Reading on adoption of Ordinance No. 20-24-175, establishing the Operating Budget for fiscal year 2024/2025. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025. Link to proposed annual operating budget book Mayor Ford read the title of the ordinance. The public hearing was opened. Brinkley Harrell spoke about the budget. The public hearing was closed. CM Killingsworth explained the ordinance and explained the amendment of $58,680,384. MOTION. • Approve Resolution No. 24-46 and upon second reading Ordinance No. 20-24- 175, amended to reflect a budget of $58.680,284. Motion: Michael Waters Second. Bruce Bole Regular City Commission September 23, 2024 Commissioner Bole expressed gratitude for the thorough budget process. Curtis Ford For Bruce Bole (Seconded By) For Michael Waters (Moved By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. 9.B. ORDINANCE NO. 55-24-39, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING MONTHLY SANITATION RATES BY 3.7% AND ANNUALLY THEREAFTER BY THE CONSUMER PRICE INDEX (CPI) COLLECTION ADJUSTMENT BY AMENDING CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE I, SOLID WASTE DEFINITIONS AND PROCEDURES, SECTION 16-10 FEES FOR COLLECTION; PROVIDING FOR INTENT; PROVIDING FOR ADOPTION OF THE NEW RATES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. CM Killingsworth explained the ordinance and an amendment as detailed in the agenda packet. The public hearing was opened. CC Bartle called each speaker to the podium. Brinkley Harrell spoke about this agenda item. The public hearing was closed. MOTION. Approve Ordinance No. 55-24-39. Motion: Bruce Bole Second: Candace Kelly Mayor Ford inquired about the inflation index. CM Killingsworth explained that the Commission adopted one but staff never implemented it. Curtis Ford For Bruce Bole (Moved By) For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring For Regular City Commission September 23, 2024 Motion passed S to 0. 9.C. ORDINANCE NO. 80-24-89, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY STORMWATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES, SECTION 22-335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. CM Killingsworth explained as detailed in the agenda packet. The pubic hearing was opened. Brinkley Harrell spoke to this agenda item. The public hearing was closed. MOTION. Approve Ordinance No. 80-24-89. Motion: Michael Waters Second. Jessica Ring Commissioner Bole inquired about the City's stormwater program. CM Killingsworth clarified that the program has been funded using one-time dollars, and it will be reviewed moving forward.. Mayor Ford offered additional comments on this item. Commissioner Ring provided further remarks on the issue. Curtis Ford For Bruce Bole For Michael Waters (Moved By) For Candace Kelly For Jessica Ring (Seconded By) For Motion passed S to 0. 9.1). ORDINANCE NO. 90-24-253, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING A FULLY REVISED CHAPTER 24, LAND DEVELOPMENT REGULATIONS, OF THE ATLANTIC BEACH CODE OF ORDINANCES, AS SET FORTH WITHIN ATTACHED EXHIBIT A, Regular City Commission September 23, 2024 WHICH GENERALLY AND SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA; REPEALING THE ENTIRETY OF THE CURRENT CHAPTER 24, ADOPTED BY ORDINANCE NUMBER 90-19-240 AS AMENDED TO DATE; SAID NEWLY ADOPTED CHAPTER 24 CONTAINING SIX ARTICLES: ARTICLE I — IN GENERAL, PROVIDING FOR ADOPTION AND AUTHORITY, PROVIDING FOR PURPOSE AND INTENT, PROVIDING FOR JURISDICTION, PROVIDING FOR AMENDMENTS, PROVIDING FOR LEGAL STATUS AND CONSISTENCY WITH THE COMPREHENSIVE PLAN; ARTICLE II. — LANGUAGE AND DEFINITIONS, PROVIDING FOR CONSTRUCTION OF LANGUAGE, PROVIDING FOR DEFINITIONS, PROVIDING FOR ACRONYMS; ARTICLE III. — ZONING REGULATIONS; PROVIDING FOR ARTICLE IV. — SUBDIVISION AND SITE IMPROVEMENT REGULATIONS; ARTICLE V. — ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS; AND ARTICLE VI. — CONCURRENCY MANAGEMENT SYSTEM; PROVIDING FOR FINDINGS OF FACT, FOR CODIFICATION, FOR APPLICABILITY, FOR CONFLICT, FOR SEVERABILITY, AND FOR AN EFFECTIVE DATE. Link to Redline version of Chapter 24 updates Link to Redline version of Chapter 24 updates with editorial comments Link to Draft recommendation from Community Development Board for on-site stormwater (was Section 24-68 now 24-891 Mayor Ford read the title of the ordinance. PCDD Askew explained the ordinance as detailed in the agenda packet and answered questions from the Commission. The public hearing was opened. Anastasia Houston spoke about pavers. Brinkley Harrell discussed the proposed changes. Richard Arthur suggested the City look to other municipalities with onsite storage requirements as a model. Lisa Herrold urged the Commission to delay changes to the stormwater master plan. Todd Miner recommended waiting for the stormwater management plan to be finalized before making any changes. Eileen Bildmen spoke about paver credits. Gregory Powell spoke about impervious surfaces. Regular City Commission September 23, 2024 Lee Elmore highlighted the importance of maintaining drainage systems. Kelly Diaz discussed pool maintenance in relation to stormwater. Carolyn Zisser recommended the Commission defer any action until the stormwater master plan is complete. Albert Kerber spoke in favor of the proposed changes and offered additional suggestions. Jackie Beckenbach asked the Commission to hold off until more data is collected. Kelly Elmore made suggestions to this plan. CC Bartle read the comments of those who did not wish to speak. Jessica Clancey-Sodini opposed to Section 24-253 due to flooding issues. The commission recessed from 8:57 PM to 9:08 PM. The public hearing was closed. The Commission engaged in a discussion on the item, with PCDD Askew answering questions. CA Gabriel encouraged the Commission to meet with staff regarding their recommendations so staff can prepare them for the next meeting. There was a CONSENSUS to restore the corridor to the pre-existing code, remove the proposed changes related to artificial turf, retain the fifty percent credit for pools, keep the fifty percent building value credit as long as it does not alter the impervious nature of the site, and leaving the code as is regarding the the trigger at four hundred. MOTION. Approve Ordinance No. 90-24-253 on first reading Motion: Jessica Ring Second. Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly Against Jessica Ring (Moved By) For Motion passed 4 to 1. Regular City Commission September 23, 2024 RESOLUTION NO. 24-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING RENEWAL OF ALL LIABILITY INSURANCES AND WORKERS' COMPENSATION INSURANCE WITH PREFERRED GOVERNMENTAL INSURANCE TRUST FOR 2024-2025, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEVANT DOCUMENTS. HRD Varian explained the resolution and answered questions from the Commission. MOTION. Approve Resolution No. 24-51 as an emergency. Motion: Bruce Bole Second. Candace Kelly Public comment was opened, there were no speakers, and public comment was closed. Curtis Ford For Bruce Bole (Moved By) For Michael Waters 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 None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Waters • Inquired about the lifeguard station. • Inquired about the beaches fallen heroes statue memorial.CM Killingsworth explained that it is going through the permitting process. Commissioner Kelly • Emphasized the importance of the City's stormwater system. Mayor Ford • Requested a chronological timeline of the Aquatic Gardens project be displayed on the website. 13. ADJOURNMENT The meeting adjourned at 10:10 PM. Regular City Commission September 23, 2024 Attest: d Donna L. Bartle, City Clerk Date Approved: Jt/ / 2 Z` Curtis Ford, Mayor Regular City Commission September 23, 2024