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Item 1C- Draft Minutes- 12-8-17MINUTES OF WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD ON DECEMBER 8, 2017 PRESENT: ALSO: ABSENT: Call to order. Mayor Ellen Glasser Commissioner Candace Kelly Commissioner Brittany Norris Joe Gerrity, City Manager Kevin Hogencamp , Deputy City Manager Brenna Durden, City Attorney Donna L. Bartle, City Clerk Timmy Johnson, Recreation and Special Events Director Derek Reeves, Planner Commissioner John Stinson Commissioner Blythe Waters Mayor Glasser called the meeting to order at 1:03 p.m. in the Commission Chamber and explained the process for the meeting. The Commissioners and staff present introduced themselves. 1. Facility Use Agreements-Adele Grage Cultural Center. Mayor Glasser explained the expectations for the discussion. She further disclosed she has had ex parte conversations with board members of both ABET and First Act after the election. Commissioner Kelly stated she has also met with both groups. Commissioner Norris stated she has met with First Act. City Manager Gerrity stated he has requested that the presenters contain their presentation to a 1 0-minute timeframe and has requested that Timmy Johnson discuss some of issues regarding scheduling. Mayor Glasser further explained the process. A. Presentation from Atlantic Beach Experimental Theatre (ABET) Brian Johnson, Atlantic Beach., Vice President of Board of Directors for ABET, gave a presentation regarding the facility issue in sharing their limited space. He explained the mission of ABET, stating they are very highly regarded in the community and surrounding areas. He stated they have several functions specifically for Dial-a-Ride and the Gail Baker Center within the community . He stated they are non-profit and receive grants from the City of Jacksonville as we ll as several others , which allows the low ticket prices. B. Presentation from First Act Aine Healy-Richardson, Jacksonville Beach, Executive Director of The First Act Children's Community Theatre Inc., stated they are a newly formed non-profit since July but have been operating as First Act for almost 10 years. She read their mission statement and explained her background. She stated they work both with children and seniors. She explained the reason for becoming a non-profit was to receive grants with which to give more scho lar ships. She further stated they currently run three Agenda Item 1C March 12, 2018 classes at Adele Grage and are not lo oking to expand. C. Presentation from Recreation and Special Events Director, Timmy Johnson Timmy Johnson , Recreation and Special Events Director, explained the Commiss ion has approved a one-year contract with ABET for many years which includes a fee of $200/ye ar for the facility. He stated last year the Commission approved a one-year contract for First Act to use the same space, which was the same as ABET's. He exp lained the challenges of scheduling the use ofthe facility , stating there are three groups who would like to use it -the public , ABET and First Act. Mayor Glasser opened the floor to the Commissioners to ask questions of the presenters. Commissioner Norris asked the City Attorney, if they estab li sh a recurring contract with either of these two groups, does it open the City to any legal issues. City Attorney Durden explained the City Commiss ion was authorized in May to enter into leases with groups such as ABET and First Act and also for the use on a one-time basis with individuals. Commissioner Norris asked Mr. Timmy Johnson what the cost is for individuals to use Adele Grage. Mr. Johnson explained the pricing scale. Discussion ensued. Commissioner Kelly asked Mr. Timmy Johnson if he had any suggestions for solution to the problems he presented. Mr. Johnson explained his solutions to the schedu lin g, cleaning , and alcohol issues as we ll as consequences of non-compliance. Commissioner Kelly asked Mr. Brian Johnson, other than reputation, what else can they do for the community and how do they directly impact the City and its residents . Mr. Johnson explained they are a member of the community with the actors coming from Atlantic Beach and the beaches , in general, as well as other areas . He stated ABET is the Atlantic Beach community theatre providing arts and culture access to residents . He stated they normally have 6 performances/year plus special one-night performances. Discussion ensued. Further discussion ensued regarding the sharing of space and how it was working. Mr. Timmy Johnson and Mr. Gerrity gave their input. Mr. Brian Johnson also commented, stating it is incredibly challenging to share space. Ms. Ingrid McCauley, President of the Board of First Act, stated they can co-exist in the space and read a list of solutions. Discussion ensued. Tracy Gallagher, Board Member of ABET, responded to the request of First Act to meet , stating the time cou ld not be set because of scheduling conflicts. She further commented that because of the scheduling, ABET has not been ab le to access the space as often as they would like so they can go ahead with ABET's children 's theatre program . She further responded to Ms. McCauley's suggested so luti ons . Discussion ensued. Mayor Glasser recognized Grant Healy , Chair of the Cultural Arts and Recreation Committee, and asked him to join them at the table and participate in the questioning. Commission Norris asked each group to state the top three reasons why this past ye ar has not worked for them. Ms. Gallagher, representing ABET, stated their three reasons are: communication ; lack of agreement on use of the space; and lo ss of the children's program. Minutes of the Commission Workshop -December 8, 2017 Page 2 of5 Agenda Item 1C March 12, 2018 Ms. McCauley, representing First Act, stated the three reasons are: the communication issue, because without communication coming their way they are completely blinded; community space is not available and accommodation for the children's program is not there; and ABET sent out their calendar to the public before it was set with the City leaving First Act with no weekends left for the children to perform. Further discussion ensued. Mayor Glasser asked Mr. Timmy Johnson to address the pending grant for ABET. Mr. Johnson exp laine d the City applied for a grant through the Department of Community Affairs to make renovations for the theatre and in doing so, the City had communication with ABET about partnering with the City for the grant. He stated ABET agreed to put forth $25 ,000 to go along with the grant. Further discussion ens ued. Mayor Glasser stated they are not mediators and she encouraged both groups to begin a dialogue. Commissioner Norris stated she believes they need to sp lit it in half and find a way to remove any subjectivity from the process. Commissioner Kelly stated they are both great programs and agrees this is a community asset that should be shared by everyone who wants access to it. Mayor Glasser stated she is very open to revisiting the fee structure for non-profits that provide value to our community. She stated the City is not about making money at these facilities. She stated she believes they need to show that they valu e what these organizations bring to our community. She stated it is very important for these two organizations to get together and bring the Commiss ion a solution. She stated they should take advantage of the grant if they can, but it shouldn 't decide their action. Further discussion ens u ed. Mayor Glasser recessed the meeting at 2:44p.m. The meeting was reconvened at 2:5 1 p.m. 2. Communications Facilities in Public Rights of Way A. Update City Attorney Brenna Durden gave an update on the questions previously asked at the November 27 meeting. In answering these questions, she explained (1) the provisions could be revised to coincide with and comply with our historic district standards ; (2) to determine what the maximum height restrictions wou ld be related to what the tallest existing utility pole was on July 1, 2017, a record would have to be established. Discussion ensued . Planner Derek Reeves answered questions from the Commissioners and City Manager. City Attorney Durden pointed out that the City cannot regulate the height of the poles on the DOT roads . City Attorney Durden further exp lained a provision related to rules , stating that is w hat this Ordinance is doing but she will make a few changes for the Commission at the next meeting. Further discussion ensued. B. Public Comments Mayor Glasser opened the floor to Public Comments. She welcomed the audience and explained the process for public comments. City Clerk Bartle called each speaker to the podium. Minutes of the Commission Workshop -December 8, 2017 Page3 of5 Agenda Item 1C March 12, 2018 Pam McCrary, Atlantic Beach., addressed the Ordinance related to items not allowed in rights- of-way, what is a right-of-way and what is not a right-of-way. Margaret McKay, Atlantic Beach stated her concern was about the property owner's use of the right-of-way related to consistency and how it is applied. She stated she believes the parking rules are inconsistently applied across Atlantic Beach. Paula O'Bannon , Atlantic Beach., addressed ABET stating she chose to live in the area because of the aesthetics and the arts that are here. She suggested using some money from the grant to build a stage at the Gail Baker Center. She also discussed rights-of-way and the width of the streets. City Attorney Durden responded to the comments stating this Ordinance would take effect upon adoption. She stated we don't have these provisions in place now. She stated if the Commission does not want to grandfather everyone who already has land scaping, or a wall , etc., it should be made clear that people need to come in and obtain some kind of permit. She stated that is highly unusual in the way that municipalities adopt ordinances. She stated the most normal process is that a new ordinance takes effect and from that date forward affects what is out there. She explained an amortization schedule. She further stated for any expansion or improvement, that new portion would be under the new Ordinance. She stated without more being added to this proposed Ordinance it would take effect proactively and for things that are in existence as of now, those persons would not be required to come in for a permit or a revocable license. Planner Reeves stated that while it is true the people wou ld not need to pull permits for what is already existing, the Code already has provisions that restrict the placement of things in the right- of-way. He stated, if it was the Commission 's desire, they could go back under those provisions. Paula O'Bannon , stating she is on the Parking and Pedestrian Committee, addressed the Commission stated they are counting the available , obstructed and what could be parking spots. Further discussion ens ued. No one else spoke , so Mayor Glasser closed the floor to Public Comments. 3. Courtesy of the Floor Mayor Glasser opened the Courtesy of the Floo r to Visitors. She we lcomed the audience and explained the process for public comments. City Clerk Bartle called each speaker to the podium. Ann Marie Awad, Atlantic Beach , addressed the faci lity use agreements at Adele Grage Cultural Center. She spoke in support of First Act. She believes the so lution would be to loo k at the history and why this was brought to the City , stating one of the problems seems to be a calendar. Wesley Richardson, Jacksonville Beach , stated he is the Technical Director for First Act and married to the Executive Director. He spoke in support of First Act , stating they provided a list of things they thought would help the two organizations work together but believes ABET feels they need exclusive use. Minutes of the Commission Workshop -December 8, 2017 Page 4 of5 Agenda Item 1C March 12, 2018 Debra Harvey, Jacksonville, stated she volunteers at ABET and spoke in support of ABET. She stated if they want to have a professional caliber theatre they need the best sets, the best people , the best lighting. She agrees that the Commission and staff should not have to work out the scheduling or difference s. Redgie Gutshall, Jacksonville, spoke in support of ABET stating they need the time and they need the space. He suggested the overall management of the children's theater program should be returned to ABET. Richard Wolf, Fernandina Beach , stated he is very involved with ABET, stating they have done four of his plays. He believes the quality in theatre is important and believes ABET is extremely important to this community. Leonard Alterman, Jacksonville , stated he has acted at ABET for 23 years. He stated if the City wanted to support ABET in this limited space, which is limited even for one theatre , why would they then bring someone else in and say they now have to share the space and you guys work it out. He stated there have been efforts to work it out but they have not succeeded. He believes when the leases are up they should give ABET the exclusive use of the facility because any other arrangement is unworkable. Brian Johnson, Atlantic Beach, stated ABET in no way intended to let go of its children 's program or to share the space with somebody else doing a children 's program in their stead. He stated they want to continue with the children's program. Judy Workman, Atlantic Beach, asked why they brought this to this forum ; it is not City business, it is two people who can't get along in their businesses. She believes it is disrespectful to this forum . She stated nobody should have an exclusive right to a city-owned community center. No one else spoke , so Mayo r Glasser closed the Courtesy of the Floor to Visitors. Discussion ensued. Adjournment There being no further discussion by the City Commission, Mayor Glasser declared the meeting adjourned at 4:04p.m. ATTEST Donna L. Bartle, CMC City Clerk Minutes of the Commission Workshop-December 8, 2017 Ellen Glasser Mayor/Presiding Officer Page 5 of 5 Agenda Item 1C March 12, 2018