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04-10-17 Minutes-City Commission Meeting v MINUTES REGUALAR CITY COMMISSION MEETING APRIL 10,2017- 6:30 PM CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Mayor Pro Tem John Stinson City Manager Kevin Hogencamp Commissioner Harding City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Joanie Bowman Commissioner M. Blythe Waters Invocation and pledge to the flag Commissioner Waters gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to order: Mayor Reeves called the meeting to order at 6:33 p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves recognized Mayor Brown and explained the process for public comments. Mayor Elaine Brown and Linda Lanier were called up to give a presentation. Ms. Lanier announced that AlA Ocean Islands Trail had been approved as Florida's 26th historic byway and explained that Mayor Brown was the driving force behind the project. An invitation to the dedication being held on April 25th was provided to everyone. Mayor Brown explained the AlA Ocean Islands Trail and invited everyone to attend the dedication. Mayor Reeves thanked them for their hard work. 1. Approval of minutes A. Approve minutes of the Public Meeting on March 9, 2017. B. Approve minutes of the Commission Meeting on March 13, 2017. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. 2. Courtesy of Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Dale Wappes, 1885 Beach Ave., spoke in opposition to the Sea Turtle Lighting Ordinance. Casey Jones,2130 Mayport Rd., spoke in support of the Sea Turtle Lighting Ordinance. Debbie Eisert, 85 10th St., spoke in support of the Sea Turtle Lighting Ordinance. Chris Jorgensen, 92 W. 3rd St., suggested placing large sculptured planters along Seminole Road rather April 10,2017 Regular City Commission Meeting Page 2 of 10 than trees and spoke in opposite to reducing the speed limit on Mayport Road. Kelly Erhayel, 1487 Mayport Rd., spoke in support of the Mayport Corridor Business Proposal and explained the improvements it would make to the community. City Clerk Bartle read the name and comment from the citizen who did not want to speak as follows: Mark Tingen, 1198 Sandpiper Ln. E., is in support of both Pension Ordinances and thanked the Atlantic Beach Police Department. 3. Unfinished Business from Previous Meetings A. Public Hearing- Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 2346 Oceanforest Drive West. Public Works Director Jacobovitz explained his staff report,the waiver request, and his recommendation. Mayor Reeves opened the public hearing. No one in the audience wished to speak, so Mayor Reeves closed the public hearing. Motion: Approve the request for waiver for 2346 Oceanforest Drive West. Moved by Waters, Seconded Stinson There was a brief discussion about the 100-foot requirement. Roll Call Votes: Aye: 5 Stinson,Waters,Harding,Hill,Reeves Nay: 0 MOTION CARRIED B. Public Hearing- UBEX-329 - Request for a use-by-exception as permitted by Section 24- 63, to allow an establishment for the sale of automobiles as listed in Section 24-111(c)(10) in the Commercial General zoning district at 580 Mayport Road. City Planner Derek Reeves presented a slide show as he explained the request for a use-by-exception and his recommendation. Mayor Reeves opened the public hearing. No one wished to speak, so Mayor Reeves closed the public hearing. Motion: Approve Use-by-Exception 17-UBEX-329 with the following conditions: 1.) That there be no more than 10 vehicles parked on the designated portion of 580 Mavport Road, and 2.) That the automotive sales use be limited to the area of 580 Mavport Road within 45 feet of Mavport Road. Moved by Harding, Seconded by Stinson There was a discussion about the Community Development Board's recommended landscaping condition, which was excluded from the motion. Commissioner Waters requested that staff provide guidelines for measuring sight lines and Planner Reeves explained the guidelines. Motion: Call the question. Moved by Stinson,No Second (Motion died for lack of a second) April 10,2017 Regular City Commission Meeting Page 3 of 10 Roll Call Votes: Aye: 4 Harding,Hill, Stinson,Reeves Nay: 1 Waters MOTION CARRIED City Clerk Bartle asked for confirmation about the vote and Mayor Reeves confirmed that the voting was for the original motion. C. Salary Administration Plan Revisions. Human Resource Director Cathy Berry gave a brief summary of her staff report, the Salary Administration Plan Revisions, and her recommendation. Motion: Adopt the policy of awarding bonuses to maxed-out employees and awarding this bonus during the next pay cycle to current employees who were affected when raises were authorized by the Commission, effective October 1,2016. Moved by Stinson, Seconded by, Harding Commissioner Stinson inquired about the request to distribute the bonuses quarterly and Ms. Berry explained her reasons for wanting it paid out annually. She indicated that she plans to come back to the Commission about whether there is a need to continue with maximums for pay ranges. City Manager Hogencamp explained that this action would be adopting a policy of doing this henceforth and will award the bonus all at once, for this fiscal year. He explained that the quarterly distribution option has not been discussed with him. He spoke in favor of awarding the bonuses quarterly moving forward and agreed to look into it. Ms. Berry answered questions about the difficulties with processing the bonuses with a non-automated payroll system. Further discussion ensued about paying the bonuses on a quarterly basis in the future. Mr. Hogencamp answered questions about the budget and agreed to report back with a plan on how to distribute these bonuses for the next fiscal year. Commissioner Stinson explained the importance to be fair and award employees for their longevity and commitment to the City of Atlantic Beach. Roll Call Votes: Aye: 5 Harding,Hill, Stinson,Waters,Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. April 10,2017 Regular City Commission Meeting Page 4 of 10 A. Acknowledge receipt of the Major Public Works Projects Fiscal Year 2016-2017 Status Report as of March 29,2017. B. Authorize the Mayor to sign the Florida Department of Environmental Protection Florida Recreation Development Assistance Program(FRDAP) Grant Agreement No. A7092. City Clerk Bartle read the Consent Agenda. Mayor Reeves asked if any Commissioner would like to pull any item from the Consent Agenda for discussion. No items were pulled. Motion: Approve Consent Agenda Items A& B as written. Votes: Aye: 5 Harding,Hill, Stinson,Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 95-17-114,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 5 BEACHES AND PARKS, TO ADD ARTICLE IV, SEA TURTLE PROTECTION, INCLUDING PURPOSE AND INTENT, DEFINITIONS, PROHIBITION OF ACTIVITIES DISRUPTIVE TO MARINE TURTLES, LIGHTING STANDARDS FOR NEW CONSTRUCTION, STANDARDS FOR EXISTING LIGHTING, AND ENFORCEMENT AND PENALTIES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. City Planner Reeves presented a slide show as he explained the Ordinance. He addressed comments he heard from citizens and explained his recommendation. Commissioner Waters spoke in favor of passing the ordinance and explained the benefits. Motion: Approve Ordinance No. 95-17-114 as read. Moved by Harding, Seconded by Waters Commissioner Harding spoke in favor of the ordinance. Commissioner Hill asked City Attorney Durden to explain any State mandates or Florida Fish and Wildlife Commission requirements to enforce this type of ordinance. City Attorney Durden stated that this Ordinance is not mandatory and the Florida Fish and Wildlife Commission does not have a requirement or state mandate for any local government to adopt a Lighting Ordinance. Commissioner Hill expressed concern about safety on the beach, the financial burden to residents, and the flawed scientific data. April 10,2017 Regular City Commission Meeting Page 5 of 10 Commissioner Stinson explained the need for an ordinance to protect sea turtles from disorientation as a cause of light. He expressed concerns about the language referring to indirect light and the challenges related to enforcement. He also noted that the City would be required to make lighting changes as well if this ordinance is adopted as written. Mayor Reeves requested to see data showing the amount of citations written on ordinances in Neptune Beach and Jacksonville Beach prior to the second reading and explained the importance to educate citizens and visitors about sea turtle protection. Discussion ensued. Planner Reeves answered questions, addressed comments and agreed to come back with the requested data. There was consensus to continue to a third discussion. Further discussion ensued. Commissioner Stinson requested that staff bring back something that does not include the indirect lighting. Roll Call Votes: Aye: 5 Hill, Stinson,Waters, Harding,Reeves Nay: 0 MOTION CARRIED B. Ordinance No. 58-17-40,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-300, DEFINITIONS; AMENDING SECTION 2-301, MEMBERSHIP; AMENDING SECTION 2-303, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 2-305, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; AMENDING SECTION 2-310.5, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 2-310.16, PRIOR POLICE SERVICE; AMENDING SECTION 2-310.18, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 2-310.19, SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. C. Ordinance No. 58-17-41,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-261, DEFINITIONS; AMENDING SECTION 2-264, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 2-266, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; AMENDING SECTION 2-275, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 2-284, PRIOR GOVERNMENT SERVICE; AMENDING SECTION 2-285, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 2-286, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. April 10,2017 Regular City Commission Meeting Page 6 of 10 City Clerk Bartle read both pension Ordinances by title only. Finance Director Russell Caffey explained both Ordinances which were drafted by the pension attorney. Motion: Approve Ordinance No. 58-17-40 as read. Moved by Waters, Seconded by, Harding Finance Director Russell Caffey answered questions from the Commission regarding contribution percentages, average rate of return and unfunded liability. Commissioner Stinson stated that he would like to meet with the City's actuaries to present them with the historical data from the last five to twenty years, present them with the average rate of return and then find out where we stand. City Manager Hogencamp stated that he could arrange for the pension board attorney or actuary to attend the next meeting if they deemed it necessary and asked that they let him know if that is their request. Discussion ensued. Roll Call Votes: Aye: 5 Stinson,Waters,Harding,Hill, Reeves Nay: 0 MOTION CARRIED (Mayor Reeves called for a break at 8:41 p.m. and reconvened at 8:47 p.m.) Motion: Approve Ordinance No. 58-17-41 as read by title. Moved by Stinson, Seconded by Hill There was no discussion by the Commission. Mr. Caffey explained that we will ask the actuary to give us what the contribution would be if we dropped the expectation rates to 5% and 6%. He reported that the pension attorney could be at the next meeting if needed, but not the actuary. Roll Call Votes: Aye: 5 Waters,Harding,Hill, Stinson,Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Public Hearing- 17-UBEX-417, Request for a use-by-exception as permitted by Section 24-63,to allow an off-street parking lot as described by Section 24-162 for the businesses located at 619, 625 and 645 Atlantic Boulevard in the Commercial General zoning district at 630 Sturdivant Avenue. Please note: This matter is placed on this agenda and under Miscellaneous Business due to a public hearing being announced and the applicant asking that the matter be deferred. City Planner Derek Reeves explained why this request for use-by-exception was put on the agenda. He also explained his recommendation to open the public hearing for comment for continuation on May 22, 2017 and have a presentation at the May 8, 2017 meeting for discussion. April 10, 2017 Regular City Commission Meeting Page 7 of 10 Mayor Reeves opened the public hearing and asked if anyone wished to speak. No one wished to speak. Mayor Reeves did not close the public hearing but extended it to May 22, 2017. B. Deputy City Manager HR Director Cathy Berry explained her staff report, the Deputy City Manager job description, proposed salary, and her recommendation. The Commission spoke in agreement that Mr. Hogencamp has done an outstanding job, the citizens of Atlantic Beach are very pleased with his performance and he will be an asset to the City. Ms. Berry answered questions. There was discussion about Code Sec. 11 giving the Commission the authority to hire a deputy city manager. Interim City Manager Kevin Hogencamp stated that he is honored and humbled by the opportunity to work for this fine City and knows that he operates best as a right-hand person. Commissioner Hill reminded the Commission that they had identified the need for a communication person. Consensus to move this item forward to the April 24,2017 meeting for action. 9. City Manager Reports A. City Manager's Report City Manager Hogencamp referred to and explained his City Manager's Report, which was handed out before the meeting began, and stated that it would be posted on the website. In addition, he reported that a community education event was being planned for Saturday, April 29th at 10:00 a.m., at the Adele Grage Cultural Center, regarding sea turtles. He explained that if the sea turtle lighting ordinance passes, the Sea Turtle Conservation staff will come on May 23rd to give a public presentation on the lighting issues as well as train code enforcement personnel and building officials throughout the region. B. City Manager Recruitment Update (Item 9B was taken out of sequence and was acted on later in the meeting.) C. 90-Day Calendar(April 2017 through June 2017) Consensus to accept the 90-Day Calendar. B. City Manager Recruitment Update (Item 9B was taken out of sequence and addressed at this time.) Mr. Hogencamp referred to his City Manager Report and explained the updated City Manager Recruitment Process Timeline. April 10,2017 Regular City Commission Meeting Page 8 of 10 10. Reports and/or requests from City Commissioners and City Attorney A. Appointments to the Board Member Review Committee. (Mayor Reeves) Mayor Reeves explained his report and recommendations for appointment. Motion: Appoint Candace Kelly to fill the unexpired term beginning immediately and ending January 25, 2018 and appoint Sally Clemens to serve on the Board Member Review Committee for the term beginning immediately and ending March 27,2019. Moved by Stinson, Seconded by Harding Votes: Aye: 5 Harding,Hill, Reeves, Stinson,Waters Nay: 0 MOTION CARRIED Commissioner Harding • Commented on his request for benches at the Overlook and Sunset Pier located in West Atlantic Beach and thanked Public Works for their help with the parks. He reported that the parks are getting a lot of use and he has received positive comments from our citizens. Commissioner Waters • Thanked Public Works and the Police Department for taking citizen comments seriously and for putting work into making sure they were answered. • Explained that the new bike trail at Dutton Island starts in the parking lot and requested signage indicating where it starts. She reported that the parks are being utilized and are kept clean. • Thanked Mike and all of the people at the Community Garden who do so much work. City Attorney Durden • Stated that she is submitting a status report of projects she has been working on. Commissioner Stinson • Stated that he received an email from a citizen that was very upset about not having an Ordinance on the books that protects the sea turtles and asked if he was being paid. He explained that no one sitting at this dais does this for anything other than the fact that we think we can make our City better. He stated that we do not agree all the time, in fact, we may not agree at all sometimes but we are all up here because we believe we can make a difference. We are doing it for the citizens, employees, our families and our quality of life. Commissioner Stinson expressed concern that someone would level that at him and perhaps at the rest of the Commissioners and that he took it very personally. He explained that he told that person that in no uncertain terms was this possible in this City. He stated that he thinks that was sad that someone would think we were operating in that way. • Mentioned that he made City Manager Hogencamp aware that there is an opportunity to buy a piece of land located at Sixteenth Street and Beach Avenue. The neighbors want to assist in the purchase of that land in some manner and are proposing to make it a park. Commissioner Stinson said that Mr. Hogencamp expressed that he needed a few weeks to research this. • Wished everyone a Happy Easter. April 10, 2017 Regular City Commission Meeting Page 9 of 10 Commissioner Hill • Spoke about the need for a change in the process of bringing back ordinances. He believes it would be helpful if staff provided alternate language, reflecting the things brought up during discussions, for the next time it comes before the Commission. He explained that they all make good comments and suggestions and some of them get lost when they come back to the Commission with the identical language. • He gave an example of his complaint about the City's requirement of planting trees on the right of way. He spoke about the tree at the corner of Mayport Road and Plaza being V-cut like a Dr. Seuss episode because the line crews had to take a substantial amount of foliage out of the top of it. He stated that it will never be a large normal healthy tree; it will always look like something butchered now. He stated that this is an example of why we do not want to plant under power lines. • Reported on a meeting he attended regarding the Mayport Road speed issue and looks forward to reports on the progress and getting the issues resolved. • Mentioned and agreed with a comment made earlier by Commissioner Stinson that public utilities rarely sit on private property. He explained that the observation about the property earlier this evening was correct and is a good indication that that was not the City's privy to have a private citizen plant on city right-of-way. Chief Vic Gualillo • Informed the Commission that they met with the Sheriff's Office about the traffic enforcement on Mayport Road and are both making commitments to move forward within the next thirty days to do several deployments. Mayor Reeves • Followed up with the City Manager and inquired about the time frame for the police chief position to be presented to the Commission and inquired about the timeline to test the area of 11th and Seminole to set up the crosswalk with signals. City Manager Hogencamp stated that the Commission could expect to see that timeline for the police chief position by early next week and explained that they have made a decision on the traffic safety device and would be ordering that soon. • Encouraged Commissioners to visit some of the City events. He mentioned that he attended the Wild Wonders at the Dutton Island Preserve and that it was really entertaining. He explained the importance to support staff and thank them for the job they do. • Announced that this week is Animal Control Officer Appreciation Week. • Mentioned the North Florida League of Cities Dinner on April 25th. • Inquired if the Commission was interested in doing something as a group again this year for the opening of the beaches parade and mentioned that he spoke to Steve at Ace Hardware who has agreed to loan the City the colored deck chairs, if we can get a big enough trailer. City Manager Hogencamp informed everyone that the Opening of the Beaches Parade will be on Sunday,April 30, 2017 at 2:00 p.m. Mayor Reeves asked City Manager Hogencamp to sign the City up for the parade and thanked everyone for attending the meeting. April 10,2017 Regular City Commission Meeting Page 10 of 10 Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:29 p.m. ATTEST: Mitchell E. Reeves aMayor/Presiding Officer va-tea ‘otee, Donna L. Bartle, CMC City Clerk