Loading...
07-10-17 Minutes City Commission Meeting v MINUTES CITY OF ATLANTIC BEACH CITY COMMISSION MEETING JULY 10,2017 - 6:30 PM IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Mayor Pro Tern John Stinson Interim City Manager Kevin Hogencamp Commissioner Mitchell R. Harding City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Nancy Pyatte Commissioner M. Blythe Waters Invocation and pledge to the flag Mayor Reeves gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to order Mayor Reeves called the meeting to order at 6: 32 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 Regular Commission Meeting on May 22, 2017. B. Approve minutes of the Regular Commission Meeting on June 12, 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. Motion: Suspend the rules to allow continued discussion on the City Manager selection process. Moved by Stinson, Seconded by Hill There was an open meeting last week to discuss the City Manager selection process. Commissioner Stinson said there were three Commissioners in attendance; two were unable to attend. His reason for requesting this suspension was to allow for those Commissioners and citizens to be included in the process and discussion. Roll Call Votes: Aye: 5 Harding,Hill, Stinson,Waters,Reeves Nay: 0 MOTION CARRIED Commissioner Stinson stated at last week's meeting there was discussion to determine the steps of the selection process and how to move forward to achieve the goal. There are now seven (7) potential candidates. Mayor Reeves stated that the two Commissioners unable to attend last week have had the opportunity to review the video and will provide feedback. Commissioner Waters stated she is familiar with the meeting discussion and liked Mr. Jorgensen's proposed idea for the City Manager and the Human Resource Director conducting initial interviews via 1 July 10, 2017 REGULAR CITY COMMISSION MEETING skype. The videos can then be made available to the Commission for review and then go to the next step in the selection process. Mayor Reeves stated there are seven (7) applicants, and there was discussion at last week's meeting about how to narrow down to three (3) final candidates. One suggestion made was to interview via skype. Another suggestion was to video the interviews, but not as a live video. The final suggestion was to invite all seven (7) applicants into the City and have the Commission and Staff conduct face-to-face interviews. Commissioner Waters stated Mr. Jorgensen's proposal to conduct the initial interviews via skype provides for efficiency in this process. Human Resource Director Berry addressed the Commission about utilizing technology, such as skype, in the process. Commissioner Hill stated he is in favor of having Staff conduct the initial interviewing of the seven (7) applicants, then bring the final three (3) candidates to the Commission for the next step in the process. He stated he was not in favor of using skype in the process. Commissioner Harding commented the hybrid proposal makes sense and he supports it. Commissioner Stinson talked about the benefits of the utilization of technology in the initial interviewing process. This can help move the process forward. He felt it was time now to narrow down to three (3) final candidates for the face-to-face interviews with the Commission and Staff. Mayor Reeves stated it is the responsibility of the Commission to hire the next City Manager. Staff has done their job and provided all the information and tools to do so. At the meeting it was suggested that each Commissioner provide a question for the Human Resource Director to ask the final candidates. Mayor Reeves stated he felt that all five (5) Commissioners should be asking the final candidates the same 5 questions—not different questions. These questions would be reviewed by the Human Resource Director to confirm they are in accordance with the laws. Mayor Reeves stated two decisions need to be made, 1) decide on the questions to ask the candidates, and 2) decide how to conduct the interviews — utilize technology for the initial interview of the 7 candidates or bring in all 7 candidates for the initial interview. Human Resource Director Berry explained to the Commission that she liked the idea of using skype for the initial interview of the candidates. She stated that she would skype the initial interviews in the Commission Chamber, open to the public. The Commission would not have to be present, but will have access to view the video. Ms. Berry continued, stating there would be a ranking sheet to use in the scoring process. Discussion continued about the interviewing process, the addition of names to the list of candidates to interview, the delay in the timeline, and the suggested options to utilize technology to be more efficient in the process. Human Resource Director Berry confirmed for Commissioner Hill that the City did utilize technology for interviewing the last City Manager. Those candidates were interviewed by the Commission at a public meeting, recorded and videoed. Discussion continued about interviewing candidates via skype, interviewing one-on-one, scheduling and time constraints, and appropriate interview questions via skype and in a face-to-face meeting setting. 2 July 10, 2017 REGULAR CITY COMMISSION MEETING Motion: Defer action on this item to the end of agenda. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 5 Hill, Stinson,Waters,Harding,Reeves Nay: 0 MOTION CARRIED 2. Courtesy of Floor to Visitors Don Ford, 338 6th St., Atlantic Beach, spoke about the proposed Ordinance No. 5-17-64 and the last Committee meeting not having a quorum. He questioned why there were so many red-lined items and suggested another workshop before going further with the ordinance. Mike Borno, 223 Ocean Forest Dr. N., Atlantic Beach, congratulated Commissioner Stinson on his certificate from the Advanced Institute for Elected Officials and congratulated Mayor Reeves for his award for a 2017 Home Rule Hero by the Florida League of Cities (FLOC). Regarding Ordinance No. 5-17-64, Mr. Borno recommended going back for additional review before going further with this ordinance. Susanne Barker, 1938 Beachside Ct., Atlantic Beach, congratulated Commissioner Stinson and Mayor Reeves on their recent achievements. Ms. Barker spoke about the proposed Ordinance No. 5-17- 64, stating she questioned why there is only one ordinance when the Committee submitted two (2) ordinances, and one of them was to be a separate tree ordinance. Ms. Barker commented on the last meeting not having a quorum and recommended another Committee workshop before going further. Sarah Boren, 388 8th St., Atlantic Beach, spoke on the proposed Ordinance No. 5-17-64, stating she has been an Atlantic Beach resident since 1999 and has seen many committees, and still problems continue to grow. Ms. Boren stated that this City is a livable, walkable, oasis-like community and it needs protection and good governance, not inaction on environmental stewardship. If the committee needs more time on this ordinance to get it right, then do so and get it passed. Stephen Fouraker, 387 6th St., Atlantic Beach, reviewed the history of the committee, their efforts in creating a comprehensive Environmental Stewardship Committee, an advisory committee, and a Tree Sub-Committee that would be an advisory and a monitoring committee. Mr. Fouraker commented on the last meeting not having a quorum and stated he did not agree with going forward with this proposed ordinance. John November, 536 South St., Neptune Beach, stated he did not feel it made any difference whether it was one or two ordinances. Mr. November agreed this ordinance should be passed tonight on its first reading. If any language needs to be edited it can be done before the second reading and it can keep moving forward. Susanne Barker spoke again stating that the two ordinances do make a difference. Linda Lanier, 1768 Park Terrace W., Atlantic Beach, stated she is a member of the committee, the committee represents the community, and all are interested in protecting the elements of the environment. Ms. Lanier stated she was aware that the ordinances, as written, would need some editing for compliance to laws and procedures. She stated she did not feel it made any difference whether it was one or two ordinances, as long as it continued to move forward. 3 July 10, 2017 REGULAR CITY COMMISSION MEETING Mayor Reeves called for a recess at 7:34 PM and reconvened the meeting at 7:41 PM. Mayor Reeves recognized Ms. Katherine Woodby, Assistant to Representative Cord Byrd, District 11, who is in attendance this evening. Sarah Dark, 1781 Sea Oats Dr., Atlantic Beach, served on the committee, and stated she is in agreement to pass this ordinance. Ms. Dark stated she did not feel it made any difference whether it was one or two ordinances, as long as it passed. The committee spent seven months working on this and Ms. Dark stated it is important to keep moving forward. No one else from the audience spoke. Courtesy of the Floor was closed. A. Special Recognition of Mayor Pro Tem John M. Stinson for completing the 2017 Advanced Institute for Elected Municipal Officials. Mayor Reeves presented Commissioner Stinson with the Certificate of Completion for attending the Advanced Institute for Elected Municipal Officials held in Daytona Beach on April 28 -29, 2017. Commissioner Stinson stated it was an honor and a pleasure to represent the City of Atlantic Beach. He thanked the City for allowing him the opportunity to attend. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda None. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-17-145, Introduction and First 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 stated this is an unspent balance for the CDBG Projects that can be carried over to FY17. Motion: Adopt Ordinance No. 20-17-145 as recommended by staff (on first reading and move it forward to a public hearing and final reading on July 24,2017 for consideration). Moved by Stinson, Seconded by Waters Roll Call Votes: Aye: 5 Hill, Stinson,Waters, Harding,Reeves Nay: 0 MOTION CARRIED 4 July 10, 2017 REGULAR CITY COMMISSION MEETING B. Revised ORDINANCE NO. 5-17-64,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 23 OF THE ATLANTIC BEACH CODE OF ORDINANCES; CREATING AN ENVIRONMENTAL STEWARDSHIP COMMITTEE; PROVIDING FOR INTENT, PURPOSE, MEMBERSHIP AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; CREATING A TREE SUBCOMMITTEE, PROVIDING FOR MEMBERSHIP AND PURPOSE; PROVIDING FOR A TREE PERMIT REVIEW AND APPEAL PROCESS; PROVIDING FOR SIX MONTH REVIEW, CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. (attached for the record) City Clerk Bartle read the revised Ordinance (which is made part of the record as Attachment A) by title. Interim City Manager Hogencamp addressed the Commission about the history of this Committee and the discussion about whether to have one or two ordinances. Mr. Hogencamp introduced the Chairperson of the Committee, Ms. Judith Leroux. Judith Leroux, 1745 Selva Marina Dr., Atlantic Beach, thanked the Commission for appointing a great group of people to this Committee, thanked City Staff for all the assistance provided, thanked the City Attorney for providing guidance, and thanked all the citizens for their attendance and input. This ordinance is representative of all the combined efforts and desires to fulfill the charge assigned to this Committee. Ms. Leroux said they are asking for a streamlined name — Environmental Stewardship Committee (ESC). There were four main areas addressed - the maritime forests, parks and open spaces, beautification of public and private spaces, and environmental stewardship. It was determined that there should be eleven (11) members when appointing the ESC and they should represent each district of the City. Ms. Leroux stated that her research of other small coastal communities revealed most have at least one, sometimes two, and sometimes three committees that handle environmental stewardship issues. Our City is behind and we need to move this forward. This ordinance is a vehicle for the people of Atlantic Beach to do good work for the City. Interim City Manager Hogencamp stated the challenge is to decide whether or not to have one or two ordinances. Mr. Hogencamp recommended approving the revised ordinance at the first reading. If there are changes to be made it can be presented at the second reading in two weeks. City Attorney Brenna Durden addressed the question about the last workshop (June 16, 2017)not having a quorum. Ms. Durden stated that it is not legally required at a workshop because no action is taken at workshops. A quorum is required when action needs to be taken at a meeting. Motion: Pass Ordinance No. 5-17-64 as read with the ability to make changes before the second and final reading. Moved by Waters, Seconded by Harding Commissioner Harding questioned why the two ordinances submitted changed to one ordinance and he agreed with the importance of keeping it moving forward. Commissioner Hill asked the City Attorney, if the ordinance is passed on its first reading, will there be an opportunity to make modifications that possibly would include a second ordinance at the second reading? 5 July 10, 2017 REGULAR CITY COMMISSION MEETING City Attorney Durden responded that it would depend upon the degree of change. For example, if a second ordinance is created the City will have to renotice because there would be two new ordinances. This will slow the process down. Commissioner Hill stated he is in favor of passing the ordinance to keep on course. There seems to be questions as to why it went from two to one ordinance in the editing process of the City Attorney. City Attorney Durden replied to the issue of 1 vs. 2 ordinances, stating that it does not matter from a legal perspective. Ms. Durden stated that the tree section is a subcommittee of the ESC. If the Commission did not like the tree subcommittee portion of this ordinance then that portion could be removed and there would be no damage to the ESC function and their charge. The City Attorney continued a review of some of the red-lined edits in the revised ordinance. The City Attorney stated that if it is crucial to divide the functions and have two ordinances, it will require starting over. Going forward, if the Commission does not like part of this ordinance, the City Attorney explained that there is a process to adopt an ordinance to amend the code in the future. Commissioner Stinson requested if he could ask a question of the 5 members of the Committee that are present? Mayor Reeves responded in the affirmative. Question: Are you comfortable with the language in the draft (revised) ordinance included in the agenda? Linda Lanier—yes Sarah Dark- yes Judith Leroux - yes Dawn Scott- yes John November-yes Commissioner Stinson stated that the Committee did an amazing job and it shows how government is supposed to work in the City of Atlantic Beach. Commissioner Waters read the draft (revised) ordinance and compared it with her notes but did not feel there were substantive changes. Commissioner Waters said that with the two ordinances being edited and resulting in one ordinance there was the appearance of substantive changes. Commissioner Waters inquired about the section that addresses committee membership limited to residents or owners of real property, which eliminates business owners who lease property. Commissioner Waters asked the City Attorney to explain that change. City Attorney Durden responded that those were the directions given to her during discussion at the last Committee meeting. Commissioner Waters stated there is a belief that if there are two separate ordinances the Commission retains greater control over the tree subcommittee. City Attorney Durden responded that adopting two separate ordinances would not create greater control over the tree subcommittee. Commissioner Waters inquired if there was a way to review and address the items of those individuals who expressed their concerns about the Charter and the scope of the committee. 6 July 10, 2017 REGULAR CITY COMMISSION MEETING Mayor Reeves expressed his support of this Committee and his appreciation for their work and dedication. Mayor Reeves stated that the issue is the importance of a strong enough ordinance for staff to enforce and that it passes tonight in order to keep this process moving forward. There was further discussion about protection of the natural resources and the tree canopy, and the importance of community involvement in this process. The Commissioners commended the Committee for their thoroughness and hard work put forth in completing the charge. It was noted that the two ordinances submitted by the Committee were combined to make one and, if passed, there is still the opportunity to make changes at the second reading. An inquiry was made about obtaining a copy of the items from those individuals who expressed their concerns about the Charter and the scope of the committee. This would be helpful for the Commissioners to review. Interim City Manager Hogencamp stated that he will communicate with and gather the information from Mr. Ford, Mr. Borno, Mr. Fouraker, and Ms. Barker. City Attorney Durden suggested setting a time frame in order to coordinate with the agenda for the next Commission meeting. This will allow the Commissioners, the City Attorney, and Staff time for review and to make revisions, if necessary, to the ordinance. The citizens should submit their items to the City Manager by Thursday(7/13/17) of this week, or no later than Wednesday (7/19/17) of next week. Mayor Reeves stated that the big issue expressed is two ordinances vs. one ordinance. Passing this ordinance tonight allows the process to continue forward. Mayor Reeves stated that there will be the opportunity for changes to the ordinance at the second reading. Mayor Reeves allowed more comments from citizens who spoke previously, giving a 3-minute limit. Judith Leroux, 1745 Selva Marina Dr., spoke about business property owners vs. renters when appointing members to the ESC, stating the reasoning behind that is a property owner would have a vested interest in our community. Ms. Leroux said of the 9 Committee members, there are 6 who are comfortable with the language as presented tonight. Susanne Barker, 1938 Beachside Ct., said she recognizes all the hard work put forth by the Committee. Ms. Barker stated her concern was about the two ordinances being changed to one. She agrees that everyone is passionate about the City and the environment. Motion: Call the question. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 5 Stinson, Waters, Harding,Hill,Reeves Nay: 0 MOTION CARRIED (to call the question) Roll Call Votes: Aye: 5 Waters,Harding,Hill, Stinson,Reeves Nay: 0 MOTION CARRIED (to pass Ordinance No. 5-17-64 as read with the ability to make changes before the second and fmal reading). 8. Miscellaneous Business (Discussion only) None. 7 July 10, 2017 REGULAR CITY COMMISSION MEETING 9. City Manager Reports A. City Manager's Report Interim City Manager Hogencamp reminded the Commission about the Budget Workshop on Wednesday, July 12, 2017 at 5:00 PM. Mr. Hogencamp stated there were some areas that were missed in garbage and recycling collection today due to an accident. Those areas will be completed tomorrow morning by 8:00 AM. The Safe Routes to School presentation will be scheduled for the next meeting agenda. Interim City Manager Hogencamp announced the Grand Reopening of the Public Safety Building is scheduled for Thursday, July 20, 2017 at 10:00 AM. There is Public Information being provided throughout the City regarding the protection of dunes and sea oats,mosquito control, and efforts of our lifeguards. Commissioner Hill questioned if there was a process available for homeowners to regain their path across the dunes that was lost due to beach renourishment. Mayor Reeves responded that the homeowners are required to make a permit application to the state to regain access across the dunes. B. 90-Day Calendar(July through September 2017) There was consensus to approve 90-Day Calendar. Deferred from beginning of meeting, continued discussion on the City Manager selection process. Motion: Direct City Staff to interview City Manager candidates via skype, make video available to Commission for review, provide the Commission with a rank-order system to use for selecting three(3) top scoring candidates for individual and city-wide meetings/interviews. Moved by Waters, Seconded by Hill Commissioner Harding stated he supports the initial skype interviews, then reviewing the video of same, and then making the selection for face to face interviews based on the ranking system. Commissioner Hill stated he was impressed with motion as presented. Commissioner Stinson inquired if the City Manager needed additional clarification for the rank-order scoring process? City Manager Hogencamp responded no. A lengthy discussion ensued about the number of candidates to select for the final interview process, resulting in an amended motion. Amendment to Motion: To select X (unknown) top scoring candidates for interviews with the Commission and with Staff and the citizens. Following that process, the Commission will make the selection for the City Manager. Moved by Waters, Seconded by Hill S July 10,2017 REGULAR CITY COMMISSION MEETING Roll Call Votes: Aye: 5 Harding, Hill, Stinson, Water, Reeves Nay: 0 MOTION CARRIED (to amend motion) Roll Call Votes: Aye: 5 Hill, Stinson,Waters,Harding, Reeves Nay: 0 MOTION CARRIED (original motion as amended) A lengthy discussion ensued about the final selection process, the skype interviews, the formula for the ranking system, and the contract and starting date. Interim City Manager Hogencamp said he can provide a staff report for the next meeting that will address the ranking system formula and the contract. Discussion continued about the contract options, the responsibilities of the Commission in the initial selection process, and the criteria used by the Commission in the final selection process. For future reference, it was noted there should be documentation of this selection process. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Waters • Enjoyed the July 4th celebrations Commissioner Hill • Thanked citizens for volunteering for clean up after the July 4th celebrations • Thanked Ms. Woodby from Representative Byrds office for attending our meeting Commissioner Stinson • Asked the City Manager to have enforcement visit USPO (Post Office) due to a feral cats issue • Short-term rentals continue on Seminole Rd., and he has addresses for code enforcement to investigate • Congratulated Sergeant Jevitz and fellow officers for their professionalism handling an issue at Town Center • Will be out of town for the July 22, 2017 Town Hall Meeting Mayor Reeves • Reported there the will be a Grand-Reopening of the new Police Department/Public Safety building July 20, 2017, 10:00 AM • Commended the Police Department for an excellent job on July 4th handling parking control and beach patrol • Asked the City Manager to provide the steps for obtaining a tree permit. Interim City Manager Hogencamp responded that there is a flyer in the lobby and he will provide that to Mayor Reeves • Congratulated the City Manager on the new City Facebook page 9 July 10, 2017 REGULAR CITY COMMISSION MEETING Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:31PM. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer 04MliWC, Zii;e4 Donna L. Bartle, CMC City Clerk DLB/njp 10 DRAFT 7/18/2017 • ATTACHMENT A RESOLUTION NO. A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA CREATING A PARKING ADVISORY RESOURCE COMMITTEE; PROVIDING FOR PURPOSE, MEMBERS AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; AND PROVIDING FOR SUNSET OF COMMITTEE AND AN EFFECTIVE DATE. WHEREAS, the Boards and Committees established by the Mayor and Commission of the City of Atlantic Beach provide many valuable services to the community by enlisting City staff and citizen volunteers to provide input and consideration upon several important issues that affect the daily lives of citizens in the community; and WHEREAS, the City Commission deems it to be in the best interests of the citizens of Atlantic Beach to create an advisory committee to review parking and collect parking data,conduct field inspections and make recommendations to the Commission regarding parking issues in the City. NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH: SECTION 1. Creation. There is hereby created and established the PARKING ADVISORY RESOURCE COMMITTEE. SECTION 2. Purpose. The purpose of the Parking Advisory Resource Committee is to review and collect parking data, conduct related field inspections, evaluate the data and make recommendations to the Mayor and Commission as to changes and revisions to the current parking system which will eliminate confusion and safety issues. SECTION 3. Membership and Staff Support (a) There will be a total of eleven (11) members on the Committee. The Mayor and Commissioners shall each propose two (2)persons who are residents of the City of Atlantic Beach to serve on the Committee. The eleventh member shall be an elected official whose responsibility will be to chair all meetings of the Committee but not to direct the work of the Committee, and to 00833613-2 DRAFT 7/18/2017 vote only in the event of a tie between the ten other members. All members shall be appointed by the City Commission. (b) The Committee shall be supported by the following persons: 1. One senior staff member from the Public Works Department,to be selected by the City Manager; 2. One senior staff member from the Public Safety Department,to be selected by the City Manager; 3. One member(past or present)of the Community Development Board,to be selected by the City Commission; and 4. One recording/noticing clerk from the City Clerk's Office,to be selected by the City Clerk. SECTION 4. Scope of Activities. The Committee shall undertake the following activities: (a) Utilize traffic counters to determine demand loads on available parking placed at locations with the City to be determined by the Committee for a period of two (2) months, beginning in August, 2017; (b) Collect data from the counters weekly to fully understand traffic loading and any increases experienced; (c) Collect data twice daily for a one-week period at a midpoint in each time frame to better understand peak periods of traffic loading; (d) Evaluate the data and prepare a written report containing recommendations to modify and improve the safety and efficiency of the current beach access parking system and design no later than October 1, 2017, or as soon thereafter as practical; 00833613-2 2 DRAFT 7/18/2017 (e) Make a presentation of the written report to the City Commission in October,2017, or as soon thereafter as practical; and (f) Undertake such additional work as requested by the City Manager or City Commission. SECTION 5. Meetings and Notice. The meetings of the Parking Advisory Resource Committee shall be set at regular times and will be open to the public and notice of meetings shall be provided in accordance with state law. SECTION 6. Sunset. The Parking Advisory Resource Committee shall exist and be in place for a six month period beginning on the date of the first meeting of the Committee and, unless extended by the City Commission by further enactment, shall automatically sunset, expire and cease to exist after said six month period. SECTION 7. Effective Date. This Resolution shall take effective immediately upon its final passage and adoption. PASSED AND ADOPTED by the Commission of the City of Atlantic Beach,Florida,this day of , 2017. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00833613-2 3