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06-12-17 Minutes City Commission Meeting v MINUTES REGULAR CITY COMMISSION MEETING June 12,2017 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Mayor Pro Tem John Stinson Interim City Manager Kevin Hogencamp Commissioner Harding City Clerk Donna L. Bartle Commissioner Jimmy Hill Commissioner M. Blythe Waters (The start of the meeting was delayed due to some minor technical issues with the recording system.) Invocation and pledge to the flag Commissioner Harding requested a moment of silence to honor the memory of the lives lost at the Pulse Night Club attack in Orlando one year ago today. This was followed by the Invocation, then the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:39 PM. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of minutes A. Approve minutes of the Special Called Commission Meeting on April 12, 2017. B. Approve minutes of the Regular City Commission Meeting on April 24, 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. Sean Monahan,619 Atlantic Blvd. Mr. Monahan spoke about the permit requirements for his sign and stated he does not have the complete engineering required. He asked if he could request this item be delayed to the next meeting on June 26, 2017. Mayor Reeves explained to Mr. Monahan this item is on the agenda for this meeting and that is when this request should be presented. Mayor Reeves requested input from Planner Derek Reeves. Planner Reeves addressed the Commission and recommended deferring this item to the June 26, 2017 meeting. Mayor Reeves explained a Public Hearing has been advertised for this item. When that item is presented during the meeting, Mr. Monahan can request a deferral to the June 26, 2017 meeting. A motion to defer and a vote will be required by the Commission, as well. Mayor Reeves stated he was presented with a flyer (which is attached and made part of this Official Record as Attachment A) from the Mayport Corridor Business Association. They are inviting citizens to an open forum to discuss concerns regarding the Mayport Corridor, Section H. This event will be at the Home Plate Diner on June 15, 2017, 6:00 PM—8:00 PM, at 1487 Mayport Road. Mayor Reeves requested clarification and an opinion from the City Attorney about the Sunshine Law if Commissioners plan on attending this event. City Attorney Brenna Durden responded that under the Sunshine Law the Commissioners cannot discuss an item that is coming before them other than at a Public Meeting. This item will be on an agenda coming before the Commissioners. Ms. Durden stated that if more than one of the Commissioners plans to attend this event, it will need to be noticed, recorded, and minutes transcribed, because of the topic. Ms. Durden suggested this may not be an appropriate meeting for Commissioners to attend. A lengthy discussion ensued about various events and meetings attended by the public and Commissioners, and whether or not they are advertised and/or noticed. City Attorney Durden stated this topic is expected to come before the Commission and has previously been discussed at a Special Joint Meeting of the Community Development Board and the City Commission. Atillio Cerqueira was recognized by the Mayor to address the Commission. He presented the invitation from the Mayport Corridor Business Association to the Mayor. Mr. Cerqueira explained his intention was for the Mayor and Commissioners to come and only listen to what our group and the citizens had to say. He said this event has been advertized in the Beaches Leader,by flyers, and also door-to-door. City Attorney Durden stated [to Commissioners] that if only one of you attend this event there would be no Sunshine violation, nor would the City need to advertise, etc. As long as that Commissioner does not say they are representing the City, they can interact and participate. During this discussion it was revealed that three Commissioners stated they have previous commitments that date and would not attend—Mayor Reeves, Commissioner Stinson, and Commissioner Harding. Commissioner Stinson made a suggestion that this event could be videotaped then the feedback would be available for everyone. Mr. Cerqueira was agreeable to providing the videotaping for the event. City Attorney Durden stated that by having a video of the event it will eliminate any possible violations of the Sunshine Law. Mayor Reeves moved Item 9C up. City Manager Reports 9C. Police Chief Confirmation (Item 9C was taken out of sequence and addressed at this time) Int. City Manager Hogencamp stated that after an extensive and thorough search, he is happy to request the appointment of Michelle Cook as the Director of Public Safety/Chief of Police for the City of Atlantic Beach. Ms. Cook has had a distinguished career with the Jacksonville Sherriff's Office, (JSO) with extensive experience in all areas of law enforcement, including accreditation and emergency preparedness. Mr. Hogencamp gave the floor to Cathy Berry, Director of Human Resources. 2 Cathy Berry, Director of Human Resources, recommended the Commission confum the appointment of Michelle Cook as the Director Public Safety/Chief of Police for the City of Atlantic Beach. Michelle Cook took the floor to address the Commissioners. Ms. Cook stated she is retiring from the JSO (Jacksonville Sheriffs Office) and wishes to continue working in law enforcement. She thanked the Commissioners for the opportunity and honor to serve the citizens and the City of Atlantic Beach. The Mayor and Commissioners congratulated Ms. Cook and were in support of Ms. Cook as Police Chief. Also congratulations were extended to Mr. Hogencamp and Ms. Berry for all their efforts and dedication in this selection. Mayor Reeves extended his appreciation to the Interim Police Chief Gualillo for his support and dedication. Mayor Reeves spoke about the importance of accreditation and personnel retention in the Police Department and requested Ms. Cook to make those two challenges priority. Motion: To hire Chief Michelle Cook as the Chief of Police for the City of Atlantic Beach, starting August 6,2017. Moved by Harding, Seconded by Stinson Roll Call Votes: Aye: 5 Harding,Hill, Stinson, Waters, Reeves Nay: MOTION CARRIED Ms. Berry stated anyone wishing to contact Michelle Cook can do so by calling the Atlantic Beach Police Department, and your call will be directed to her voicemail to leave a message. 3. Unfinished Business from Previous Meetings A. Public Hearing- 17-UBEX-497, Request for a use-by-exception as permitted by Section 24-111(c)(3),to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code 703 Atlantic Boulevard Unit 707. Planner Derek Reeves presented a slide show as he explained the request for a use-by-exception and his recommendation. This business will offer painting classes and provide only painting supplies. Attendees are encouraged to bring their own food and beverages, including wine, to consume during the 2 to 3 hour painting class. The business hours vary, but classes will end at 9:00 PM Sunday through Thursday, and end 10:00 PM on Friday and Saturday. Also Mr. Reeves said the applicant has stated the plan is to limit these events to patrons 18 years and older when alcohol is present. The business is required to apply for and receive a Bottle Club license from the State for on-premises consumption of alcoholic beverages. Alcoholic beverages cannot be sold on premise with a Bottle Club license. Should the applicant desire to sell beer and wine in the future, the existing license is surrendered and they would have to apply for a 2COP license, for sales and on-premises consumption. Planner Reeves recommended approval of the use-by-exception with a condition that the sale of liquor is prohibited, as a safety precaution. He further explained this use-by-exception, if approved, will allow all on-premises consumption, whether brought or sold on site. This approval could grant the future ability to open a traditional bar with full service—beer, wine, and liquor—and with the condition placed on approval it will prevent a future 4COP license. This is not the intent of the applicant now, but she has expressed that may want to do sales of just beer and wine in the future. 3 Mayor Reeves opened the public hearing. No one wished to speak, so Mayor Reeves closed the public hearing. Motion: Approve Use-bv-Exception 17-UBEX-497 with the following conditions: 1.)that the sale of liquor is prohibited Moved by Stinson, Seconded by Harding Discussion ensued about the applicant limiting events to patrons 18 years and older when alcohol is present. Mr. Reeves stated this is the planned practice of the business owner. It is not a requirement by the City nor a requirement of the use-by-exception and is not part of the language of the motion. Amy Carson, 752 Cavalla Road, clarified this is a paint party and patrons are allowed to bring their own food and beverages to have while they are painting. The Bottle Club license allows for the consumption of alcoholic beverages. Roll Call Votes: Aye: 5 Hill, Stinson,Waters, Harding, Reeves Nay: 0 MOTION CARRIED B. Public Hearing- WAIV17-0001, Request for a waiver as permitted by Section 17-52 to allow a sign partially in the public right-of-way requiring Commission approval by Section 17-42(13) and to increase the maximum sign height from 8 feet as required by Section 17-29(c)(1)to 12 feet at Saltair Section 1 Lots 765 and 766 (aka 617 Atlantic Boulevard). Planner Reeves stated he has a presentation available if the Commission wishes to view,but with the previous request to defer he asked the Mayor to open the public hearing. Mayor Reeves opened the public hearing. No one wished to speak, so Mayor Reeves closed the public hearing. Sean Monahan, 619 Atlantic Blvd., explained the plan is to make improvements and beautify the existing sign,which will improve the corridor. There are no plans to change the size. Mr. Monahan stated he needed more time and is requesting this be deferred to the June 26, 2017 meeting. There were no other speakers. The Mayor stated the public hearing will remain open and would entertain a motion to defer. Motion: Defer WAIV17-001 to June 26,2017 Moved by Stinson, Seconded by Waters Roll Call Votes: Aye: 5 Stinson, Waters, Harding,Hill,Reeves Nay: MOTION CARRIED C. City Manager Selection (Mayor Reeves) Mayor Reeves presented and read into the record his proposal (which is attached and made part of this Official Record as Attachment B) to select an Advisory Committee for hiring a City Manager. The Mayor explained this could help Mr. Hogencamp and Ms. Berry in this process. 4 In summary, the Mayor requested the Commission provide seven (7) names of people — either from his provided list (Attachment B) or person (s) of their choosing — to create this Advisory Committee. The goal of this committee would be to review all the 36 applications for the selection of a new City Manager and make recommendations. Mr. Hogencamp, Interim City Manager, addressed the Commission stating they are narrowing down the candidates from the 36 applications received. The selected group has received questionnaires to return to Human Resources. We are now ready to schedule telephone interviews. Mr. Hogencamp stated the plan is to have the final candidates available the week of July 14th for introduction to the Commission as well as to the community. Ms. Berry, Director of Human Resources, spoke about the process and expressed concerns about including the citizens of Atlantic Beach in this selection process, specifically in the area of Labor Laws. Discussion ensued about the Mayor's proposal to establish a citizen Advisory Committee to be involved in the City Manager selection process. Comments and concerns were expressed regarding the following: Recruitment from executive experience Selection of qualified candidates Increase applicant response Previous political background Previous Human Resources background Labor Law issues, potential for violations A brief discussion about the current selection process and timeline followed. Commissioner Stinson suggested a small modification in the form of a motion. Motion: Direct the Interim City Manager and his Staff to prepare City Manager applicant packages, and a ranking list for said applicants, and request each elected official to present two (2) proposed applicants from the list of ranked applicants, for consideration at the June 26,2017 City Commission Meeting. Moved by Stinson,there was no second MOTION FAILED Commisioner Stinson explained his intent was to show—utilizing the current selection process with this modification—if the City needed to start recruiting again. A lengthy discussion continued about the status of this application process. It was confirmed by Ms. Berry 36 applications were received, and of those there are 4 potential candidates as of this date. Telephone interviews are next in this process. Discussion continued about looking at more than just the 4 candidates. Mayor Reeves called for a recess at 8:25 PM and reconvened the meeting at 8:31 PM. Motion: Direct the Interim City Manager and his Staff to prepare City Manager applicant packages of the top seven (7) candidates, for consideration at the July 10,2017 City Commission Meeting. Moved by Hill, seconded by Harding Ms. Berry inquired if she was to provide a list of 7 candidates or have the 7 candidates at the meeting? 5 A lengthy discussion ensued about clarifying exactly what Staff was being requested to have for the Commission on that date. Topics covered were application deadline, low numbers of applications received and qualified candidates, use of an outside recruiter, pros and cons of starting the process over, accepting and supporting the current ongoing process, utilizing an Advisory Committee, Labor Laws, and possibility for reviewing all 36 applications received or just review the 19 applications that met minimum requirements, in addition to the 4 applicants selected by Mr. Hogencamp and Ms. Berry. Commissioner Hill withdrew his original motion: Motion: Direct the Interim City Manager and his Staff to prepare City Manager applicant packages of the top seven (7) candidates, for consideration at the July 10,2017 City Commission Meeting. Moved to withdraw by Hill, seconded by Harding MOTION WITHDRAWN Motion: Direct the Interim City Manager and his Staff to prepare the 4 City Manager applicant packages , and a ranking list for said applicants, and request each elected official to present up to two (2) proposed applicants, no later than June 19,2017 from the list of 19 that met minimum requirements, for consideration at the July 10,2017 City Commission Meeting. Moved by Hill, seconded by Harding Commissioner Stinson stated he will not be available to meet the timeline stated due to a previous commitment. Discussion continued about the numbers to submit and the process getting bogged down. This resulted in an amended motion to help with clarification. Amended Motion: Direct the Interim City Manager and his Staff to prepare the 4 City Manager applicant packages , and a ranking list for said applicants, and request each elected official to present up to one (1) proposed applicant, no later than June 30,2017 from the list of remaining applicants that met minimum requirements, for consideration at the July 24,2017 City Commission Meeting. Moved to amend by Waters, seconded by Hill Roll Call Votes: Aye: 4 Waters,Harding, Hill,Reeves Nay: 1 Stinson MOTION CARRIED 4 TO 1 D. Code Re-write Update Planner Derek Reeves reviewed for the Commission the meeting of April 12, 2017, where there was discussion about reviewing and updating the City's Land Development Regulations and the need to hire a temporary employee for this project. The City will hire an individual with a strong planning background and this position would not exceed two years. The pay will be around$65,000 to $75,000 per year. Mr. Reeves stated the Community Development Department has funds available in the current fiscal year. Also there is a technical assistance matching grant offered by the Florida Department of Economic Opportunity. The maximum award is $40,000 and the application is due by June 23, 2017. Mike Langton, Langton Consulting, 1300 Oak Haven Rd., Jacksonville, addressed the Commission stating his firm is available to pursue this grant for the City to fund the position for technical assistance 6 on the Land Development Regulations. If authorized,they will submit the application to Florida Department of Economic Opportunity on June 23, 2017. There was a brief discussion about the grant and if it was guaranteed. Mr. Langton explained this is a competitive grant—there is no guarantee. Mr. Langton stated there is a quick turn-around in the application process. Move to authorize the use of funds for the hiring of an in-house person and to authorize staff to submit the grant application to the State. Moved by Stinson, Seconded by Waters There was a brief discussion about the required experience,possibility of temporary hire going to full time employee, benefits included, and using an employment agency in the selection process. Also, confirmed by City Attorney Durden for Planner Reeves, it is not necessary to include the Community Development Department funding in this motion. Roll Call Votes: Aye: 5 Waters, Harding, Hill, Stinson,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. A. Acknowledge receipt of the Building Department Monthly Activity Report for April 2017. City Clerk Bartle read the Consent Agenda. Mayor Reeves asked if any Commissioner would like to pull an item from the Consent Agenda for discussion.No items were pulled. Motion: Approve Consent Item 4A as written. Moved by Waters, Seconded by Harding Votes: Aye: 5 Nay: 0 MOTION CARRIED by unanimous vote 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 17-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN A NEW MAINTENANCE AGREEMENT BETWEEN THE 7 CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION. Interim City Manager Hogencamp explained Resolution No. 17-06, acknowledging the agreement with FDOT where the City maintains landscaped areas on Atlantic Blvd. and portions of Mayport Rd., and certain improvement in the FDOT rights-of-way. Motion: Adopt Resolution 17-06 as read. Moved by Waters, Seconded by Stinson Roll Call Votes: Aye: 5 Harding,Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 7. Action on Ordinances A. Ordinance No.20-17-144, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017, AND PROVIDING AN EFFECTIVE DATE. Finance Director Russell Caffey explained Ordinance No. 20-17-144, stating this is to propose an increase to the City's Legal Budget of$778,135 to cover the estimated City Attorney's fees and other legal costs for the remainder of FY17. The new total will be $233,135. Mayor Reeves opened the Public Hearing. There were no speakers to address the Commission; Mayor Reeves closed the Public Hearing. Motion: Approve Ordinance No.20-17-144 as read. Moved by Waters, Seconded by Harding Votes: Aye: 5 Nay: 0 MOTION CARRIED by unanimous vote 8. Miscellaneous Business (Discussion only) A. WAIV17-0002, Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 1639 Sea Oats Drive. Scott Williams, Interim Public Works Director, explained the Request for a Waiver from the current 74 ft. driveway; the code requires 100 ft. All other code requirements have been met by the applicant. The applicant, Keith Collier, 1639 Sea Oats Dr., explained the reason for the request for waiver. He stated the circular driveway will reduce the amount of concrete on the property. As shown on the site plan,there are 2 garages. This driveway will allow safe turn-around and exiting with a clear view of their street. Discussion ensued about the site plan and Mr. Williams reviewed the proposed project. B. Appeal of the Community Development Board's decision on 17-ZVAR-461. 8 Planner Reeves stated that the Applicant withdrew his appeal. C. Revisions to Notice of Public Hearings (Section 24-51, Code of Ordinances) City Attorney Durden spoke about the joint meeting on May 24, 2017 with the Community Development Board and the notice requirements that the Florida Statute requires. Currently the City mails notices (of public hearing)to each property owner of land that is subject to amendment and also signs are posted 14 days prior to the public hearing. The Mayport Road Corridor topic was used as an example by Ms. Durden to show the volume of proposed notices to be mailed and then properties to be posted with signs. This is above what is required by the State Statute for notices when making changes to text for the Land Development Regulations. The changes will require that notices are to be published in a newspaper, including specific size, width, font point size, and the location within the newspaper itself. The added requirements are intended to make the publications more noticeable to the public. Attorney Durden stated the purpose today is to discuss and reach a consensus whether or not to direct staff to draft an Ordinance to revise Section 24-51 in accordance with the statutory notice requirements to modify those two specific notice requirements. Discussion ensued about estimated costs involved with the proposed changes. Ms. Durden stated there would definitely be a savings with the changes as opposed to costs with the current code. These are text changes only, i.e. the list of permitted uses in an area. These changes are not about changes to the use of a property. Discussion continued noting concerns that the public may get less information resulting from the proposed changes. Ms. Durden stated the mailing of the notice requirements will not change. The posting of the signs is where the change could prove beneficial. In the example of the Mayport Road Corridor,there would be hundreds of parcels, and sometimes signs have to be posted on two road frontages for the same parcel. Discussion continued about maintaining communication. It was suggested to move forward and have Staff draft an Ordinance to present at the July 22, 2017 Town Hall Meeting. The consensus among the Commission was to have Staff draft an Ordinance to present at the July 22,2017 Town Hall Meeting. 9. City Manager Reports A. City Manager's Report Interim City Manager Hogencamp spoke about reports from Scott Williams, Interim Public Works Director,regarding several City projects. He will forward the results of these reports. Mr. Hogencamp announced of the upcoming Joint Workshop at 6:00 PM on Wednesday June 14, 2017 with the City Commission and the Beautification of Natural Resource Preservation Advisory Committee. B. 90-Day Calendar(June 2017 through August 2017) There was consensus to approve 90-Day Calendar. 9 C. Police Chief Confirmation (This item was taken out of sequence and acted on earlier in the meeting.) 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Stinson • Complimented Scott Williams regarding sidewalks in Royal Palm area. • Satisfied with the Police Chief selection and looks forward to it being a long standing role for Ms. Cook. • Wished a Happy Father's Day to all! Commissioner Hill • Requested that the speed limit on Mayport Road be addressed at the next meeting. Commissioner Harding • Congratulated the new Police Chief. • Requested a staff report on the east-west sidewalks and the Seminole Road project. Commissioner Waters • Also requested readdressing the speed limit on Mayport Road at the next meeting. • Spoke about former Public Works employee Jimbo Deming. There will be a fund raiser to help with expenses to remodel his home to be handicap accessible, it is on Go Fund Me"Jimbo's Journey Home". • Observed the Bocce Ball Tournament and looks forward to seeing more events. City Attorney Durden • Update on Cloister—as of today there have been no changes since her last report; still no hearing. There is a possibility a hearing will be set for June 29t. • Advised that she will not be attending the June 26, 2017 Commission meeting; Wayne Flowers will attend on her behalf. Interim Chief Vic Gualillo • Chief Gualillo and department looking forward to Police Chief Cook and thanked Ms. Berry, Director of Human Resources, and Mr. Hogencamp, Interim City Manager, for doing the search. • Extended an invitation to attend Vehicle Career Day at Donner Park on Wednesday June 14, 2017 from 9:00 am— 11:00 am. • Extended an invitation to attend Surfing With A Cop on Saturday June 17, 2017 on the beach. Aqua East and Surf Into Summer are providing the equipment. • Reported the Police Building is down to last couple of inspections and very close to receiving the occupancy certificate. Mayor Reeves • Asked Mr. Hogencamp what was the status of improving Tree Permitting ordinances. Mr. Hogencamp confirmed the City is on track. • Inquired if the Commission could receive information about the voting from the Community Development Board meetings in their packets. 10 Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 10:14 p.m. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer //f tee Donna L. Bartle, CMC City Clerk DLB/njp 11