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01-08-18 Minutes v MINUTES CITY OF ATLANTIC BEACH CITY COMMISSION MEETING JANUARY 8, 2018 - 6:30 PM IN ATTENDANCE: Mayor Ellen Glasser City Attorney Brenna Durden Commissioner Candace Kelly City Manager Joe Gerrity Commissioner Brittany Norris City Clerk Donna Bartle Commissioner John Stinson Recording Secretary Nancy Pyatte Commissioner M. Blythe Waters Invocation and pledge to the flag Gabe Goodman, Pastor of Community Presbyterian Church, gave the Invocation, followed by the Pledge of Allegiance to the flag. Call to Order Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll and Mayor Glasser noted that a quorum was present. Mayor Glasser requested to change the order of the agenda as follows: • Move Items 9A and 10 to follow 3. Commissioner Stinson objected to changing the order of the agenda without a motion, second and an affirmative vote. City Attorney Durden stated the process of asking for consent of the Commission to change the order of the agenda is appropriate. If consent is not unanimous, the alternative requires a motion with a second, and a vote. It takes four votes to approve the change. • Motion: To Change the Order of the Agenda to Move 9A and 10 to Follow 3. Moved by Waters, Seconded by Norris A brief discussion ensued about abiding with the ordinance and following the process to initiate a proposed rule change. The consensus of the Commission was to stick to the regular order of the agenda and bring this item to the next roundtable meeting. Withdraw Motion Commissioner Waters withdrew the motion. 1. Approval of minutes A. Minutes of the Commission Workshop on November 20, 2017. B. Minutes of the Commission Meeting on November 27, 2017. C. Minutes of the Sunshine Law Training on November 30, 2017. Mayor Glasser asked if there were any corrections to the above minutes. There were no changes or corrections and the minutes stand as submitted. January 8, 2018 MINUTES-REGULAR COMMISSION MEETING 2. Courtesy of Floor to Visitors Mayor Glasser welcomed former Atlantic Beach Mayor Suzanne Shaughnessy. A. Proclamation—Dr. Martin Luther King, Jr. Day Mayor Glasser introduced Bishop Golden. Bishop Golden introduced Pastor Carter, Minister Woodard, and Brother Kenny White. Mayor Glasser read the Proclamation into the record. She stated on January 15, 2018 there will be a celebration at the Sunrise Worship Center at 6:00 PM for the community to attend. Bishop Golden addressed the Commission and spoke about the history of Dr. Martin Luther King, about the Beaches Beloved Communities event of people helping people, and thanked the Mayor and Commission for this recognition. B. Kevin Bodge, Update on dune renourishment Kevin Bodge, Senior Engineer with Olsen & Associates, provided a synopsis/update of the dune renourishment program after the hurricanes in 2016 and 2017. He spoke about the actions for continued renourishment by the City of Jacksonville, the Corps of Engineers, and the State for the areas seaward beyond dunes. There was discussion about the cost of the program, the dune impact and losses experienced due to the hurricanes, and the status going forward with the dune renourishment project after the hurricanes. Commissioner Stinson requested Mr. Bodge accept an invitation to address the Parking and Pedestrian Safety Advisory Resource Committee in the near future to discuss parking requirements related to beach dune restoration. Mr. Bodge replied in the affirmative, indicating his acceptance of the invitation. Mayor Glasser opened Courtesy of the Floor and explained the process for public comments. City Clerk Bartle confirmed there were 21 speaker forms submitted. Mayor Glasser stated each person will be allowed three minutes to speak. Public Comments City Clerk Bartle called the speakers: Meade Coplan, presented a handout and extended an invitation for an event on January 20, 2018 commemorating the Continental/Atlantic Beach Hotel. Terrence Freeman, presented a handout and spoke about PACE, a financing program relating to energy improvements. Suzanne Shaughnessy, stated she supports the Ordinance regulating the sales of pets in Atlantic Beach. She also spoke about the Atlantic Beach website and accessing agendas. Andy Stelzman, spoke about JD Hinson Co. and commended their work on Poinsettia and Magnolia Streets. Deborah Reid, stated she is the Attorney retained by First Act Children's Community Theatre (First 2 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Act), and spoke about the issues with Atlantic Beach Experimental Theatre(ABET). Brooke Anderson, spoke about her involvement with and support for First Act. Joe Gilbert, introduced his daughter Caitlin Gilbert. She spoke about her involvement with First Act. Mr. Gilbert spoke about his support for First Act. Maria Marceleso, introduced her daughter Sophia. She spoke about her involvement with First Act. Nick Speckman, introduced his daughter Alayna. She spoke about her involvement with First Act. Mr. Speckman spoke about First Act and ABET. Olivia Woody, spoke about following her sister in First Act and how excited she was to start. Kristen Bankert, spoke about First Act. Celia Frank, Manager of ABET, spoke about First Act and submitted a copy of correspondence. Alan Gleit, Treasurer for ABET, spoke about the negotiations with First Act. Susan Vanlierop, spoke about First Act. Garret Iwae, stated he is a student at Douglas Anderson School of the Arts and spoke about his involvement with First Act. Diana Townsend, spoke about First Act and ABET. Jerry Redfield, spoke about ABET and First Act. Katie Anderson, spoke about First Act and ABET. Jim Belich, spoke about ABET. Avery Grover, spoke about her involvement with First Act. Mr. Grover spoke about First Act. Rachel Dorrian, spoke about First Act. City Clerk Bartle read the names and comments from the citizens who did not want to speak. Cristina Maduro, supports renewal of First Act contract with ABET. Ingrid McCawley, supports renewing First Act's contract with the city to share Adele Grage Theatre. Courtesy of Floor closed. 3. Unfinished Business from Previous Meetings None. 3 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING 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. Mayor Glasser read the title into the record. A. Acknowledge receipt of the Building Department Monthly Activity Reports for October and November 2017, Monthly Legal Report for November 2017, and Grant Writing Report for December 2017. B. Declare the list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. Motion: Approve Consent Agenda Items 4A and 4B as written. Moved by Waters, Seconded by Stinson Roll Call Votes: Aye: 5 Kelly,Norris, Stinson,Waters, Glasser Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 18-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #1718-01 FOR WATER SERVICE REPLACEMENTS ON PLAZA DR., CLIPPERSHIP LN., NAUTICAL BLVD. N. AND BELVEDERE ST. Mayor Glasser read the title of the Resolution into the record. City Manager Gerrity explained this is the final year of a three year project to replace water lines, replacing older PVC with newer PVC. The Water Department is being proactive to ensure the level of service. Mr. Gerrity stated advance notification of water shut-off and return of water service will be done by the Water Department or by the plumbers. City Manager Gerrity stated there are 66 replacements this year to complete the project. Also in the contract is the requirement for the plumbers for laying sod and a 30-day watering clause. Motion: Adopt Resolution No. 18-01 as read. Moved by Stinson , Seconded by Waters Roll Call Votes: Aye: 5 Norris, Stinson,Waters,Kelly, Glasser Nay: 0 MOTION CARRIED 4 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING 7. Action on Ordinances None. 8. Miscellaneous Business (Discussion only) A. Discussion on Use of Adele Grage Cultural Center City Manager Gerrity provided a Summary of Adele Grage Cultural Center Theatre Usage Issues (which is attached and made part of this Official Record as Attachment A) between ABET and First Act. These issues have been brought to the City by the Cultural Arts and Recreation Department (CARAC). CARAC is responsible for managing use of the Adele Grage Cultural Center (Adele Grage) Theatre. For many years ABET had priority use of the theater. In October 2016 the Commission awarded a contract to First Act for use of the theatre. Both organizations were paying the same fee, $200.00 per year. In summary, City Manager Gerrity explained these two organizations have failed to coexist. They have been strongly encouraged by the Commission, by City Staff, and by CARAC to work out their differences. They have been advised if they do not reach a compromise the outcome may be less favorable than they desire. At this time the City has been informed by ABET they will leave Adele Grage if the contract continues with First Act and First Act has retained an Attorney for their cause. City Manager Gerrity stated that both groups are comprised of wonderful people and both groups provide an impressive service to this Community, which was eloquently communicated by several young people tonight. A compromise has not been reached. City Manager Gerrity read the proposed guidelines to enter into contracts with ABET and First Act, as listed in Attachment A. Timmy Johnson, Recreation Department Director, was available for any questions. Mayor Glasser spoke about the workshop held on behalf of these two organizations, their programs, and their issues. She stated that the City values both equally. Commissioner Kelly spoke about having this same discussion in October 2016. Her question to Mr. Johnson was how many requests for using the Adele Grage theatre are turned down due to current schedule? Mr. Johnson replied less than 10 requests are turned down per year. Commissioner Kelly asked if RFPs were considered for leasing space? Mr. Johnson replied they did not use the RFP system. Mayor Glasser asked Mr. Johnson to describe what it has been like to manage the theatre schedule? Mr. Johnson replied it has been very difficult and challenging with ABET and First Act this past year, but smooth with other groups/residents who use it. Mr. Johnson advised he has spoken with Atlantic Beach Elementary and Vineyard Church and they are both willing to offer their facilities for use by organizations. Mayor Glasser inquired if CARAC had an opportunity to see or provide input with the proposed contract guidelines? Mr. Johnson replied they looked at it but preferred the Commission handle it. Commissioner Waters requested a breakdown of use by ABET, First Act, and any other users over the past year. Mr. Johnson replied First Act uses it 2 to 3 days a week. ABET uses it 5 days a week. Mr. Johnson stated approximately 40 to 50 times during the year Adele Grage is used by other entities. 5 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Commissioner Kelly asked what property belongs to ABET and what property will be covered by the pending grant? It was noted that the stage, with lights and sound, and the current seats belong to ABET, along with their props and costumes. Mr. Johnson replied the pending grant will cover the stage remodel, additional chairs,the sound system, lights, and storage room. City Attorney Durden requested clarification of what property goes with the building and what property would be removed if ABET is no longer using the theatre. Mr. Johnson stated if ABET left,the City would need a stage, chairs, sound system, and lights. City Attorney Durden stated she needs to review the contract language pertaining to equipment and fixtures. There was continued discussion about the use of the current equipment and fixtures, about the grant applicaiton status, and building remodel/maintenance. Mayor Glasser commented that it is the City's job to manage the contract, not the Commission's, and staff is looking for our input only. Commissioner Norris stated she has met with both groups, attended workshops, received multiple emails, and agrees both organizations are great cultural assets to Atlantic Beach. She stated she is in favor of the proposed guidelines submitted by the City Manager. Commissioner Stinson spoke about the attempted mediation between the two organizations that started approximately one year ago. The City wants both organizations to be here and needs them to work together to do so. Mr. Stinson stated he supports the proposed guidelines submitted by the City Manager. Commissioner Waters stated both groups are cultural assets and institutions to our community. Ms. Waters stated she supports the proposed guidelines submitted by the City Manager. It is up to both of these groups to make it work. Commissioner Kelly spoke about the `Message from the Mayor' in this month's water bill. The message states 'The goal of the City is a safe, family oriented community. We promote Art, Culture, History, and Recreation, and promote inclusiveness through neighborhood connections.' Ms. Kelly stated we need these two groups to work together to fulfill the goal. Mayor Glasser stated that neither group has a contract now and we need to move forward. She thanked City Manager Gerrity and supports the proposed guidelines. Mayor Glasser agrees with all the statements about both organizations bringing value to our community. She also spoke about this situation creating the need to review the management and use of all City facilities. City Manager Gerrity acknowledged consensus from the Commission to use the proposed guidelines. Commissioner Norris stated she would like to see children's programs in other community centers in Atlantic Beach. B. Discussion on Regulating the Retail Sales of Pets Commissioner Stinson addressed the Commission on the proposed ordinance to regulate the retail sales 6 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING of pets. He spoke about regulating these types of businesses. Commissioner Stinson displayed a video that is produced by the Humane Society of United States and the United States Department of Agriculture. This video talks about puppy mills and their impact on pet/adoption/rescue centers. At the last meeting during the first discussion there was consensus to move this forward to have an ordinance. Commissioner Stinson wanted to continue discussion to see if there are other ways to regulate this issue to stop access to pets that come from these types of mills. Commissioner Norris spoke about the probability of expanding the ordinance to include other animal mills, i.e. birds, cats, etc. Commissioner Waters spoke about the difficulty of regulating on-line sales of animals, where a lot of these sales take place. She stated that rural areas also have a lot of puppy mills. Ms. Waters spoke about the difficulty in tracking and tracing parental lineage. City Attorney Durden addressed the Commission stating she has drafted an ordinance but she has some questions. In the example ordinances provided, it talks about the number of litters per year or the number of puppies/kittens per year. Ms. Durden asked does the City want the language to read up to two litters or up to twenty puppies/kittens per year? City Attorney Durden spoke about the insertion of the Dangerous Dog Ordinance in Chapter 4, in a new Section 16. Also, in Chapter 2, Section 146.1 of the current code, Enforcement for the Dangerous Dog is by Special Magistrate. Ms. Durden recommends the Special Magistrate enforce this ordinance for Regulating the Retail Sales of Pets. Inspection and enforcement is by Animal Control in the Police Department. City Attorney Durden requested permission to speak to Commissioner Waters, as a Professional Veterinarian, about specifics and language. There were no objections to this request. There was a brief discussion about the Special Magistrate and if there was a current contract. City Attorney Durden stated the draft ordinance that she is working on follows with those of Neptune Beach and Jacksonville Beach. She asked the Commission if they want an example ordinance for review at the next meeting or do they want an ordinance for the first reading? Mayor Glasser stated she thinks the Commission is ready for an ordinance for the first reading and she asked the City Manager to communicate with the City Attorney regarding enforcement. There was a brief discussion about the language specifying the retail sales of dogs and cats, not just pets. CONSENSUS: To move this forward to have an ordinance for first reading regulating the retail sales of dogs and cats. 9. City Manager A. City Manager's Report City Manager Gerrity reminded the Commissioners of their assignment due this Wednesday. This is for the scheduled Vision/Goals/Priorities Session on Friday at 9:00 AM at Adele Grage. This will be a Facebook Live presentation and the theme is 'Keep It Real'. 7 ATTACHMENT A January 8,2018 Minutes Summary of Adele Grage Cultural Center Theatre Usage Issues January 2018 Background The Cultural Arts and Recreation Department manages the Adele Grage Cultural Center, balancing the interests of our residents,the organizations and individuals utilizing the theatre, and theatre patrons.The City allows the entire community to utilize the center; nonprofits receive a discounted rental rate of$25- per-day. Historically,Atlantic Beach Experimental Theatre (ABET) has been afforded priority usage of the theatre— with some parameters—at a rate of$200 per year.That scenario changed in October 2016 when the City Commission awarded First Act a contract to also use the theatre at the $200-per-year rate.The outcome of that coexistence has been disastrous,according to ABET and Cultural Arts and Recreation Director Timmy Johnson. The two organizations have been strongly encouraged by the City Commission and City management to work out their differences.They were informed that if the two groups do not reach a compromise regarding the coexisting use of Adele Grage,the outcome may be less favorable than either group desires. The two organizations have since communicated; however, an accord was not reached. Now,ABET has informed the City of Atlantic Beach that ABET"will look at leaving"Adele Grage if the City continues to contract with First Act for utilization of the theatre. Guidelines Moving Forward The City is willing to enter into contracts with ABET and First Act utilizing the following guidelines (among others yet-to-be-determined): • Henceforth,the City will collect the requisite nonprofit fee($25-per-day)for theatre usage. Both organizations also have access to the Gail Baker Community Center, depending on availability, at the discounted rental rate. • Funding provided by ABET or First Act through grant matches to renovate or otherwise improve the Adele Grage Cultural Center may be credited toward the theatre usage fee. • ABET will be afforded priority usage of the theatre from September 1 through May 31, not to exceed 21 days in any month. First Act and other organizations and individuals may use the theatre when it is not reserved by ABET. • First Act will be afforded priority usage of the theatre from June 1 through Aug. 31, not to exceed 21 days in any month. ABET and other organizations and individuals may use the theatre when it is not reserved by First Act. • Stage set construction shall not commence more than 14 days in advance of each production. • The Cultural Arts and Recreation Director shall govern the Adele Grage usage schedule and determine the deadline for making reservations for priority usage of the theatre. • The Cultural Arts and Recreation Advisory Committee will be asked to review the Adele Grage usage fee structure. January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Mr. Gerrity reported Public Works is finishing the storm damage clean-up of Johansen Park. Howell Park will be next on the schedule for clean-up. As cold as it was this past Friday evening, the City Manager stated a Public Works crew was dispatched at 9:30 PM and he commended their efforts for working through the whole night to fix and replace a water break on 5th Street. Mr. Gerrity spoke about the City website, noting improvements are ongoing and expect completion by the end of March. City Manager Gerrity stated there will be a new Community Development Director starting in two weeks with Atlantic Beach. His name is Shane Corbin and served as the Zoning Director for Savannah, GA. B. Accept the 90-Day Calendar(January 2018 through March 2018). CONSENSUS: To accept the 90-day calendar. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Stinson • Appreciated the support for the puppy mill ordinance. • Thanked the Public Works Department for working through that cold night. • Stated he is working on a proposal for the Environmental Stewardship Committee (ESC) to have oversight of the Tree Mitigation Fund. • Suggested having more discussion about the term of office for Mayor being 2 years instead of 4 years. • Spoke about surveying construction sites prior to pouring foundations. • Spoke about the house under construction and possible safety issues that is next to Adele Grage. Commissioner Waters • Spoke about the Proclamation and Commemoration for Dr. Martin Luther King and that it is part of American history. • Spoke about the house next to Adele Grage, noting the excessive amount of time under construction and the appearance being an eyesore. Commissioner Kelly • Stated her resolution is to be more involved and to communicate with and monitor our Representatives in the State Legislature. Commissioner Norris • Stated she is looking forward to the Vision Session on Friday. • Spoke about attending the ESC meeting last month. City Attorney Durden • Spoke about the State Legislature going into session tomorrow. She stated she plans to do the same as Commissioner Kelly. • Spoke about the Florida League of Cities website. 8 January 8, 2018 MINUTES-REGULAR COMMISSION MEETING Mayor Glasser • Expressed her gratitude for all the hard work from this Commission and from Staff. • Stated she will deliver her first `State of Atlantic Beach' speech this week to the Jacksonville Chamber of Commerce. • Spoke about the house next to Adele Grage. • Spoke about the success of the Holiday Toy Drive give-away. • Talked about involvement with our Military community. • Spoke about the Heritage Tree designation last month. • Spoke about the Joint Training Exercise hosted by Chief Cook and our Police Department. • Talked about Mayport Road and lowering the speed limit. City Manager Gerrity stated the safety study is not complete per Representative Cord Byrd. City Clerk Bartle • Stated the Agenda packet link is posted on the Calendar Items on the City website. Adjournment There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:34 PM. // ATTEST: Ellen Glasser Mayor/Presiding Officer 96ivxlt (1 2S)-12* Donna L. Bartle, CMC City Clerk DLB/njp 9