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02-26-18 Commission MinutesMINUTES CITY OF ATLANTIC BEACH CITY COMMISSION MEETING FEBRUARY 26,2018 -6:30 PM IN ATTENDANCE: Mayor Ellen Glasser City Attorney Brenna Durden Commissioner Kelley City Manager Joe Gerrity Commissioner Norris City Clerk Donna L. Bartle Commissioner M. Blythe Waters Recording Secretary Nancy Pyatte Commissioner John Stinson Invocation and pledge to the flag Commissioner Waters introduced Rabbi Michael Matuson from Bethel Beaches Synagogue to give the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Glasser asked for a 17 second moment of silence to recognize the victims of the Marjorie Stoneman Douglas School shooting in Parkland, Florida. Call to order Mayor Glasser called the meeting to order at 6:32 PM. City Clerk Bartle called the roll and Mayor Glasser noted that a quorum was present. Mayor Glasser recognized former Mayor, Suzanne Shaughnessy. 1. Approval of minutes A. Minutes of the Budget Workshop on September 8, 2017. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. 2. Courtesy of Floor to Visitors A. Melissa Beaudry, Langton Associates, report on City of Atlantic Beach grant administration activities. City Manager Gerrity introduced Melissa Beaudry and Lisa King, Langton Associates grant writers for Atlantic Beach. Melissa Beaudry addressed the Commission and stated she met with four City departments today to discuss various grants pursued and their status, and also grant opportunities moving forward. Ms. Beaudry reviewed the January and February Reports and spoke about the St. Johns River Water Management District (SJRWMD) Cost Share program, the Hazard Mitigation Grant program, the upcoming CDGB Grant and several other grant programs. Ms. Beaudry spoke about working on the Strategic Planning and Needs Assessment and meetings planned with Shane Corbin, Community Development Director, and Commissioner Kelly. A brief discussion ensued about the project for septic to sewer conversions and confirmation of the number of connections. This will be a combination project including lots identified with septic tanks and undeveloped lots where there is projected growth. In total there are approximately 16 to 18 lots, all located on the West side of Atlantic Beach. February 26, 2018 REGULAR COMMISSION MEETING Public Comment Mayor Glasser explained the process for public comments and City Clerk Bartle called the speakers: David Jeffery spoke in favor of the Ordinance for a Medical Marijuana dispensary. Andy Johnson spoke about the beaches being inaccessible for people with special needs and about the beach wheel chairs being useless. He suggested repealing the beach driving prohibition or providing a shuttle service that can access the water at the beach. Don Ford spoke about the history of Johnston Island, and about it being a City park, boat ramp, and kayak launch. Susanne Barker spoke about Johnston Island, obtaining an engineer survey before passing the resolution, liability issues, and improving existing parks first. J.R. Faris spoke in favor of Item 8A, sign waiver. Christopher S. Martin spoke in favor of the Ordinance for a Medical Marijuana dispensary. David Andrews,with son James, spoke in favor of the Resolution for Johnston Island. Mark Tingen commended and thanked the Atlantic Beach Police Department and Chief Cook, their volunteers,the Fire Department,the City Manager and the Commission. Sarah Dark spoke in favor of the Resolution for Johnston Island. Suzanne Shaughnessy spoke in favor of Item 7C, the Ordinance prohibiting sales of dogs and cats, spoke in favor of Johnston Island, spoke about problems viewing meetings on live stream, and spoke about the time clock. Romy Vann spoke in favor of Johnston Island. John November spoke in favor of Johnston Island and in favor of the Ordinance for a Medical Marijuana dispensary. Dana Carpenter(and Chip Kennedy) spoke in favor of Johnston Island. Amy Olivieri did not speak but noted support for 7C. Houston Vann did not speak but noted support for 6B and 7C. Woody Winfree did not speak but noted support for 6B and 7C. Mary Emerson Smith did not speak but noted support for 6B. Courtesy of the floor was closed. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda None. 2 February 26, 2018 REGULAR COMMISSION MEETING 5.Committee Reports None. 6. Action on Resolutions A. Resolution No. 18-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE LEASE-PURCHASE OF A NEW 2018 VAC-CON VACUUM TRUCK WITH FREIGHTLINER CHASSIS. Mayor Glasser read the Resolution by title. City Manager Gerrity addressed the Commission stating this Vac-Con truck will be used for cleaning lift stations and storm drain lines, relocate pooling water, etc. With approximately 9,000 utility customers our population creates the demand to have this equipment in-house rather than outsourcing. We will have a quicker response time for emergencies and expand maintenance of the stormwater system. City Manager Gerrity explained this item is budgeted for via budget modifications from some projects being postponed, salary lapses, and is from the State Sherriff contract. This Vac-Con truck will be delivered within 3 to 4 months and personnel training is provided. A brief discussion ensued about the Stormwater Master Plan and how this will provide many benefits. Motion: To Adopt Resolution 18-06 as written. Moved by Norris, Seconded by Waters Roll Call Votes: Aye: 5 Kelly,Norris, Stinson,Waters, Glasser Nay: 0 MOTION CARRIED B. Resolution No. 18-07 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING STAFF TO WORK ON THE DEVELOPMENT OF TERMS FOR THE POTENTIAL CONSERVATION ACQUISITION OF JOHNSTON ISLAND AS A RECREATIONAL WATERFRONT PARK BY COORDINATING POTENTIAL COLLABORATION WITH THE CITY OF JACKSONVILLE, PROPOSING A DIVISION OF CONTRIBUTIONS FOR THE CONSERVATION ACQUISITION, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. Commissioner Waters addressed the Commission stating the decisions to acquire land have to make sense financially for the City, for the tax payer, and for the future. The proposed purchase of Johnston Island will take that land out of development and keep the property and the view pristine. This step is another part of gathering information and support before moving forward with a purchase — knowing the cost, knowing our partners, knowing future maintenance costs, etc. The City of Jacksonville has expressed willingness to provide financial assistance. City Manager Gerrity reported the City has the environmental assessment and two appraisals, then, if this Resolution passes, he will contact Councilman Gulliford tomorrow and confirm the next step in the process. 3 February 26, 2018 REGULAR COMMISSION MEETING A brief discussion ensued about grants and it was confirmed there are some for development but not for purchase of land. Motion: To Adopt Resolution 18-07 as written. Moved by Norris, Seconded by Waters A lengthy discussion ensued about Jacksonville's interest to assist with this purchase, the benefits for the West side of Atlantic Beach, not using the Reserve Funds for purchase, problems with access and unsafe boating conditions, just having a fishing pier, preservation value, adhering to the goal setting priorities before this purchase, and about the Resolution being an important step in the information gathering process. Roll Call Votes: Aye: 5 Norris, Stinson,Waters,Kelly, Glasser Nay: 0 MOTION CARRIED Recess Mayor Glasser called for a recess at 7:55 P.M. The meeting reconvened at 8:00 P.M. 7. Action on Ordinances A. Ordinance No. 90-18-232,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOBILE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, AS AMENDED BY ORDINANCE 90-17-229, APPROVED AND ADOPTED BY THE CITY COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-16-225, AS AMENDED BY ORDINANCE NO. 90-17-229; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. City Attorney Durden addressed the Commission stating there have not been any changes since the discussion at the last meeting. This will allow staff time to continue working and it is anticipated a draft of the new Ordinance will be ready in April. City Manager Gerrity inquired of the City Attorney to elaborate on this Ordinance. City Attorney Durden stated the City has heard mixed messages from the public on gas stations. Some have strongly suggested a ban on future gas stations. There are some who believe we just need additional restrictions on future gas stations. For example, if a ban was enforced, the existing gas stations could be grandfathered and provisions established for restoration, rejuvenation, updating of the existing gas stations. City Attorney Durden explained that, when banning something, it is mandatory that there is a logical and rational basis for the ban and that it is defensible. Another issue may be whether or not a land owner will feel that a code change has diminished their property values. To keep the process moving forward, City Attorney Durden stated this needs continued discussion with the Commission and Staff in order to reach consensus, clarify legal issues, and get succinct direction on how to proceed. It was suggested the Commission contact the City Attorney, the City Manager, or both, 4 February 26, 2018 REGULAR COMMISSION MEETING with their input via phone, email, etc. City Attorney Durden stated this can be placed on the next agenda for reporting and discussion. Mayor Glasser opened the Public Hearing. There were no speakers and the Public Hearing was closed. Motion: To Approve Ordinance No. 90-18-232 Moved by Waters, Seconded by Kelly Roll Call Votes: Aye: 5 Stinson,Waters,Kelly,Norris, Glasser Nay: 0 MOTION CARRIED B. Ordinance No. 5-18-65,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA REPEALING SECTION 2-19 OF THE CODE OF ORDINANCES, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, SUBSECTION (7), THE ORDER OF BUSINESS, OF THE CITY COMMISSION; ADOPTING NEW SECTION 2-19(7); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. City Attorney Durden addressed the Commission stating there have not been any changes since the discussion at the last meeting. The order of business is slightly modified as follows: The City Manager report will follow Courtesy of the Floor. Reports and/or requests from City Commissioners will follow the City Manager report. At the end, after City Attorney/City Clerk reports, added Closing comments by City Commissioners and City Manager. Mayor Glasser opened the Public Hearing. City Clerk Bartle called the speaker: Suzanne Shaughnessy was called, but did not wish to speak. There were no more speakers and the Public Hearing was closed. Motion: To Adopt Ordinance No. 5-18-65 on final reading. Moved by Norris, Seconded by Kelly Commissioner Stinson stated we are asking the public to change in order to accommodate the Commission instead of the Commission accommodating the public. Mr. Stinson expressed concerns about not allowing the public to speak before the Commission votes on agenda items. Mayor Glasser explained her motivation was to hear from the City Manager about projects or other important things while people were in the room. Also the Florida League of Cities recommends hearing from the elected officials early in the meeting, allowing the opportunity for open discussion. Sunshine Law restricts conversation among Commissioners to public meetings only. Regarding public comment prior to voting, Mayor Glasser stated the City Attorney is addressing that issue. 5 February 26, 2018 REGULAR COMMISSION MEETING Commissioner Waters spoke about change, allowing for open dialogue, and having fluid exchange between Commissioners and citizens. City Attorney Durden spoke about public comment prior to a vote and stated those rules, once drafted, should be adopted by Resolution, which is why it is not part of this Ordinance. Ms. Durden will bring this for discussion at a Roundtable meeting in April. Roll Call Votes: Aye: 4 Waters, Kelly,Norris, Glasser Nay: 1 Stinson MOTION CARRIED with a 4 to 1 vote. C. Ordinance No. 95-18-115,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE ATLANTIC BEACH CODE OF ORDINANCES; ADDING SECTION 4-16, REQUIREMENTS FOR SALES OF DOGS AND CATS; PROVIDING FOR DEFINITIONS, PERMITTED SOURCES, CERTIFICATES OF SOURCE, PENALTIES AND ENFORCEMENT BY SPECIAL MAGISTRATE; AMENDING SECTION 2-146.1 OF THE ATLANTIC BEACH CODE OF ORDINANCES, JURISDICTION OR SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. City Attorney Durden stated there is a typo in the title, after the word "JURISDICTION" it should read OF",not"OR". City Attorney Durden addressed the Commission explaining she looked at several ordinances from various Florida cities to see how this issue is being addressed. Ms. Durden thanked Commissioner Waters, a professional Veterinarian, for her input and assistance with drafting this ordinance. The goal of this Ordinance is to promote awareness about inhumane breeding at large-scale operations of cats and dogs, also known as puppy and kitten mills. Ms. Durden reviewed the language in detail of the new Sec. 4-16 which covers Prohibition, Exemptions, Certificate of Source, Definitions, Penalties, and Special Magistrate. Ms. Durden stated the Code that addresses the Jurisdiction of Special Magistrate was amended to include violations of this ordinance. Commissioner Kelly inquired about the language under(b) Exemptions, (5) ...pets other than cats or dogs. A brief discussion ensued resulting with the explanation that is an exemption from the ban, but not an exemption from state issued regulations. Mayor Glasser inquired about the language under (d) Definitions, (7) ... 20 dogs, ...20 cats. She asked how those numbers were determined. City Attorney Durden responded that number for both dogs and cats was in the majority of sample ordinances she reviewed from other cities. Motion: To adopt Ordinance No. 95-18-115, as read by title. Moved by Stinson, Seconded by Norris Roll Call Votes: Aye: 5 Kelly,Norris, Stinson,Waters, Glasser 6 February 26, 2018 REGULAR COMMISSION MEETING Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Public Hearing- WAIV 18-0002 Request for a waiver as permitted by Section 17-52 to waive the provision that existing nonconforming freestanding signs must be made conforming when illumination is increased as required by Section 17-51(b); and when a change is made to 25 percent or more of the sign display area as required by Section 17-51(d); and to increase the maximum width of a freestanding sign from 12 feet as required by Section 17-29(c)(1) to 13 feet; and to increase the maximum height from 8 feet as required by Section 17-29(c)(1) to 24 feet; all to allow the modification of an existing nonconforming freestanding sign due to height and location within the Commercial General zoning district at 1089 Atlantic Boulevard. Mayor Glasser read the title into the record. Shane Corbin, Community Development Director (CDD), addressed the Commission stating the applicant wants to make modifications to an existing nonconforming sign, as shown and displayed on the slides, at Atlantic Self Storage. Mr. Corbin reviewed the agenda documents and referred to slides of the current Sign Standards Code. The waiver is for the increase to illumination, the sign face change exceeds the maximum allowed width, and the new sign cabinet exceeds the maximum allowed height. The applicant, J.R. Faris, addressed the Commission stating the proposed plan will decrease the 25 ft. height of the existing sign by 1 ft., decrease the existing 14 ft. width by 1 ft., and adding LED illumination for the cabinet sign top. Randall Whitfield, Ash Properties, addressed the Commission and spoke about visibility, branding, and property improvements made to Atlantic Self Storage. Discussion and questions ensued from the Commission about the double faced sign, impact from lighting on residential properties, LED lighting replacing neon lighting, and existing noncompliance with current Sign Standards Code. City Attorney Durden spoke about what requires a nonconforming sign to come into compliance. Ms. Durden referred to the slide that listed the seven criteria that require compliance with the current sign code. Public Hearing Mayor Glasser opened the Public Hearing and explained the process for public comments. City Clerk Bartle called the speakers: Ben Erhayel spoke about having to remove his damaged, noncomplying sign. He had to replace it and be in compliance with the Code within thirty days. Mr. Erhayel stated now the DOT put bus stop in front of his sign. Mark Tingen spoke about the sign at Monahan Jewelers. There were no other speakers and Mayor Glasser closed the Public Hearing. Randall Whitfield, Ash Properties, addressed the Commission and spoke about property renovations, the multi-tenant sign, and stated the lighting faces East and West, not into residential property. 7 February 26, 2018 REGULAR COMMISSION MEETING Motion: To deny WAIV18-0002,Request for a waiver. Moved by Stinson, Seconded by Waters A lengthy discussion ensued about adhering to the current Sign Standards Code, beautifying the business corridors, and elimination of sign pollution and light pollution, and improving the character of Atlantic Beach. Roll Call Votes: Aye: 5 Norris, Stinson,Waters,Kelly, Glasser Nay: 0 MOTION CARRIED to deny B. Public Hearing WAIV 18-0003 Request for a waiver as permitted by Section 17-52 to waive the provision that existing nonconforming freestanding signs must be made conforming when a change is made to 25 percent or more of the sign display area as required by Section 17-51(d); and when replacement is required as result of an accidental or weather-related act as required by Section 17-51(e); and to increase the maximum width of a freestanding sign from 12 feet as required by Section 17-29(c)(1) to 15 feet 8 inches; and to increase the maximum height from 8 feet as required by Section 17-29(c)(1) to 33 feet 8 inches; all to allow the modification of an existing nonconforming freestanding sign due to height and location within the Commercial General zoning district at 1500 Mayport Road. Mayor Glasser read the title into the record. Shane Corbin, Community Development Director (CDD), addressed the Commission stating the applicant wants to make modifications to an existing nonconforming sign, as shown and displayed on the slides, at Hardees. The sign was damaged during Hurricane Irma and requires replacement as per the current Code. Mr. Corbin reviewed the agenda documents and referred to slides of the current Sign Standards Code. The waiver is for the increase to height and the increase to width. Brian Sykes, Attorney representing the applicant/business owner, addressed the Commission. The applicant owns forty Hardees restaurants throughout Florida. The damage was caused from the hurricane and the owner is asking for the waiver to only replace the damaged sign panels. Mr. Sykes spoke about other improvements made to this property. Public Hearing Mayor Glasser opened the Public Hearing and explained the process for public comments. City Clerk Bartle called the speakers: Ben Erhayel spoke about his experience with having to remove his sign. There were no other speakers and Mayor Glasser closed the Public Hearing. Motion: To deny WAIV18-0003,Request for a waiver Moved by Stinson, Seconded by Norris Discussion ensued about adhering to the current Sign Standards Code and beautifying the business corridors, 8 February 26, 2018 REGULAR COMMISSION MEETING Roll Call Votes: Aye: 5 Stinson,Waters, Kelly, Norris, Glasser Nay: 0 MOTION CARRIED to deny 9. City Manager A. City Manager's Report CM Gerrity reported the trees are scheduled for removal from the lagoon this week. Mr. Gerrity requested input from the Commission about pursuing the grant for improvements to the Adele Grage Community Center. He stated some of the items covered by the grant are electrical improvements, new stage, new seats, and new curtains. Consensus from the Commission was to move forward with the grant for the Adele Grage Community Center. City Manager Gerrity reported the City received $43,000 from FEMA for Hurricane Matthew reimbursement. Mr. Gerrity stated that the 10th Street Beach Access engineering is in process and will be ADA accessible. Mr. Gerrity complimented the Public Works/Utility personnel for working past midnight last night on a project. B. Accept the 90-Day Calendar(March 2018 through May 2018). There was discussion about scheduling a Community Outreach Session on a week day rather than a weekend. Mayor Glasser suggested Friday, April 13, 2018 at the Baker Center. Also discussed was scheduling a Budget Workshop for the Commission on March 9, 2018. Discussion ensued about having a workshop/roundtable meeting for Staff Evaluations. CM Gerrity spoke about including this in the Budget Workshop and suggested a merit evaluation process. He explained the timeline for the departments budgets will start in April. CM Gerrity spoke about the Mayport Road Redevelopment Workshop scheduled for March 7, 2018. The design group, VHB, will present concepts for Mayport Road with a Public Presentation from 6:00 P.M. to 7:30 P.M. During the day, between 11:30 A.M. to 2:30 P.M., it will be open to the Public. Mr. Gerrity stated there will be a detailed schedule sent to the Commissioners. City Attorney Durden spoke about the public noticing requirements for the Commissioners to adhere to for this workshop. CONSENSUS: To accept the 90-Day Calendar as submitted and discussed. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Waters Stated she cannot attend the March 9, 2018 Budget Workshop. Spoke about the Invocation. 9 February 26, 2018 REGULAR COMMISSION MEETING Spoke about the Parkland, Florida shootings,the school and the students. Commissioner Kelly Spoke about attending the Constitutional Revision Convention at UNF. 'Home Rule' was not a popular topic,but there was lots of discussion about banning greyhound racing and nursing home rights. Spoke about being in Tallahassee with Florida League of Cities (FLC) and meeting with Advance Disposal who provided a tour of the Republic Recycling Plant for herself and DCM Hogencamp. Commissioner Norris Stated she is gathering information for the Mayport Corridor. Commissioner Stinson Commended Public Works for working on an emergency project all night last Friday evening. Spoke about an abandoned gas station property on Mayport Road, suggesting the City should consider purchasing the property. Reported he gave a presentation to the Atlantic Beach Preservation Group, along with Neptune Beach Councilman Richard Arthur and Jay Handline of Town Center Agency. Spoke about attending the third session of the Advanced Institute for Elected Municipal Officials in Orlando. Spoke about a public notice of a meeting for the Atlantic Beach Commission and that his name was not included with the other Commissioners. Spoke about importance of Commissioners being fiscally responsible. City Attorney Durden Reminded the Commission about the annual 4-hour Ethics Training as required per Chapter 112. There is also a video available on the FLOC website. Stated there will be quasi-judicial training for the Commission, the Community Development Board, and the Code Enforcement Board. This will be scheduled in the next one to two months. Encouraged the Commission to attend the Mayport Road Workshop on March 7, 2018. Mayor Glasser Apologized to Commissioner Stinson for not including him in the meeting he spoke about. Mayor Glasser explained only the women Commissioners were invited to meet with the Ukraine Delegation. Spoke about her guest editorial to the Beaches Leader about Mayport Road safety. Spoke about the Parkland, Florida shooting Spoke about holding a Joint Community Safety discussion with the City of Neptune Beach. Spoke about receiving notices about coyotes Spoke about the blue house construction site Chief Cook Spoke about the 'All Hazards Plan' which is ready for the upcoming Hurricane Season. There will be a powerpoint presentation. Adjournment 10 February 26, 2018 REGULAR COMMISSION MEETING There being no further discussion, Mayor Glasser declared the meeting adjourned at 10:14 PM. 6(C ATTEST:en Glasser 0a41444 i6/ Mayor, Presiding Officer Donna L. Bartle, CMC City Clerk DLB/njp 11