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03-26-18 Commission MinutesIN ATTENDANCE Mayor Ellen Glasser Commissioner Kelley Commissioner Norris Commissioner M. Blythe Waters Commissioner John Stinson Invocation and pledge to the flag CITY OF ATLANTIC BEACH CITY COMMISSION MEETING MARCH 26, 2018 - 6:30 PM MINUTES City Attorney Brenna Durden City Manager Joe Gerrity City Clerk Donna L. Bartle Recording Secretary P. Nadeau Commissioner Kelly introduced Father Diaz, The Center for Spirituality, Christ Episcopal Church. Father Diaz gave the invocation. This was followed by the pledge of allegiance led by Commander Vic Gualillo, Atlantic Beach Police Department. Call to order Mayor Glasser called the meeting to order at 6:30 P.M. City Clerk Bartle called the roll and Mayor Glasser noted that a quorum was present. 1. Approval of minutes A. Approve minutes of the Regular Commission Meeting on February 26, 2018. B. Approve minutes of the Commission Roundtable on February 9, 2018. C. Approve minutes of the Public Meeting on February 16, 2018. Mayor Glasser asked if there were any corrections to the above minutes. There were no corrections and the minutes stand as submitted. 2. Courtesy of Floor to Visitors Mayor Glasser opened Courtesy of the Floor and explained the process for public comments. changes or City Clerk Bartle confirmed two speaker forms were submitted for the Public Hearing for 5A and 8B. There is one person who does not wish to speak, but go on record: Kay Lawson is opposed to Item #5-A. Mayor Glasser closed Courtesy of the Floor. 3. City Manager Reports A. City Manager's Report City Manager (CM) Gerrity stated that he has been asked by Town Center Agency (TCA) if the City would be amenable to splitting the cost of the security for the Dancin' in The Streets Festival, which would be $8,200.00. Discussion ensued regarding the reasonableness of providing support; whether the event is public or private, the burden on the budget to the City, and all other events the City provides support for. 1 March 26, 2018 REGULAR COMMISSION MEETING Commissioner Stinson requested if Commander Gualillo could provide his input regarding the burden the event places on the police department. Commander Gualillo addressed the Commission about hiring off duty officers and about hiring private security. He stated both of those options would benefit the event. A discussion ensued regarding the growth of the festival, the level of security being requested, and formalizing the City's relationship with TCA. GM Gerrity spoke about the bid for the dune walkover on the 10th Street beach access, and that additional funding may be necessary to complete this project. GM Gerrity announced there will be a public outreach with the non-profit agencies followed by a Commission Workshop at 1:30 p.m. B. Preview of New City Website Kevin Hogencamp, Deputy City Manager (DCM) addressed the Commission and demonstrated, the new City Website, which goes live at 3:00 p.m. on Thursday the 28th. The website is easy to navigate, transparent, a more powerful search tool for visitors to the web, easier for web users to communicate with City Hall, easier mobile usage for communications, easier sharing capacity through social media, and ensures ADA accessibility standards are met. DCM Hogancamp went on to demonstrate the various areas of the website and stated that a mobile app is being developed. C. Accept the 90 -Day Calendar (April through June 2018) CONSENSUS: To accept the 90 -Day Calendar as submitted and discussed. D. List of property to be declared surplus GM Gerrity stated that the City of Orlando Police Department is soliciting for surplus vehicles to donate for the recovery effort in Puerto Rico due to Hurricane Irma. The City has one vehicle that is considered surplus, a 2006 Ford Crown Victoria. Consensus: To surplus the vehicle and donate to Puerto Rico (at no cost to City). 4. Reports and/or Requests from City Commissioners Commissioner Norris • Thanked Commissioner Kelly for the Happy Birthday cupcakes. Commissioner Stinson • Commented on the new website and thanked DCM Hogencamp and Keith Randich for their hard work. • Asked for an update on the blue house. CM Gerrity responded it has been boarded up. Commissioner Waters • No report/comments 2 March 26, 2018 REGULAR COMMISSION MEETING Commissioner Kelly • No report/comments Mayor Glasser • Spoke about being supportive of Ashley Greer, a business at The Shoppes at Northshore. Another car drove through the front door for the third time in several years. • Stressed the importance of the Outreach Program and passed out a draft list of invitees and asked that the Commissioners encourage others to attend. • Stated Shane Corbin, Community Development Director, has been asked to provide a report on the City's tree Ordinance permitting/violation status. • Reported the State and House bill regarding tree canopy died. She noted the City made their position known by passing the resolution opposing the bill. 5. Unfinished Business from Preceding Meeting A. 17-SPPR-501 Public Hearing Request for re -plat approval as required by Chapter 24, Article 4 of the Code of Ordinances at RE # 172027-0100. Derek Reeves, City Planner, addressed the Commission and provided an update for the proposed plat request in Selva Preserve. A presentation was shown regarding the mean high water line, which was measured by a Florida Professional Surveyor, and confirmed there is not a mean high water line in the area of this property on Sherman Creek. Planner Derek Reeves stated staff has completed their review of the plat and there have been no issues concerning that. Also, the City Attorney has worked with the applicant and their counsel on language for the emergency access exit. Public Hearing Mayor Glasser opened the Public Hearing. City Clerk Bartle called the speakers: John Moffitt spoke in opposition to the Selva Preserve Replat. Mayor Glasser closed the Public Hearing. Motion: To approve 17-SPPR50 / request for re -plat as required by Chapter 24, Article 4 Moved by Waters, Seconded by Norris Commissioner Stinson commended the staff on clearing up the mean high water mark questions from the last meeting. Commissioner Waters explained the plat is in accordance with Chapter 24, Article 4 of the Code of Ordinances and the applicant has worked hard to comply with the Atlantic Beach Code. Commissioner Waters stated there is a very large conservation easement remaining and this Commission wants to make sure there is as much green space preserved in the City as possible. Mayor Glasser spoke about preserving green space. Mayor Glasser stated that all questions have been answered and staff has finished its review. 3 March 26, 2018 REGULAR COMMISSION MEETING A brief discussion ensued about how the emergency exit would be used and about the Land Development Regulations being updated. Roll Call Votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED Commissioner Waters initiated discussion about contacting the owner of the property about selling some portion of the property for conservation purposes. Commissioner Stinson stated he has no objection to negotiations with the owner; however, he would like two things provided; 1) what will be done with the property, and 2) how the City will pay for it. Commissioner Norris stated she agrees with Commissioner Stinson. Commissioner Kelly stated that she is not sure if this is a priority. 6. 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 Monthly Finance Reports for January and February 2018. Motion: Approve Consent Agenda Item A as written. Moved by Kelly, Seconded by Norris Roll Call Votes: Aye: 5 Norris, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED 7. Committee Reports None. 8. Action on Resolutions A. RESOLUTION NO. 18-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #1718-04 FOR THE CDBG 2018 JORDAN PARK WALKING PATH PROJECT. 4 March 26, 2018 REGULAR COMMISSION MEETING Mayor Glasser read the title into the record. CM Gerrity stated that there were two bidders for this project, and the lowest bidder is CGC Construction. A total of $100,000 is budgeted for this project. There was a brief discussion ensued regarding ADA compliance. Motion: To Adopt Resolution No. 18-09 as written. Moved by Stinson, Seconded by Norris Commissioner Norris commented on her excitement to see something happening in Jordan Park and thanked the City staff. Mayor Glasser stated that she is pleased about this project and that some bike trails would make her even happier. Roll Call Votes: Aye: 5 Stinson, Waters, Kelly, Norris, Glasser Nay: 0 MOTION CARRIED B. RESOLUTION NO. 18-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #1718-03R FOR THE LIFEGUARD TOWER RENOVATION PROJECT. Mayor Glasser read the title into the record. CM Gerrity stated there were five bids for this project. The low bid is E.B. Morris General Contractors. Approval is recommended. Commander Vic Gualillo addressed the Commission and explained the problems with the building and the renovations to be done. It was found to be more cost-effective to enclose the roof and replace with a pitched roof rather than a flat roof. This will also gain some square footage on the top level. Commissioner Stinson asked about the estimated date of completion. Commander Vic Gualillo answered approximately 4-6 weeks. CM Gerrity commented that what has been allocated in the City's budget for construction is not enough. Motion: To Adopt Resolution No. 18-10 as written. Moved by Stinson, Seconded by Norris Roll Call Votes: Aye: 5 Waters, Kelly, Norris, Stinson, Glasser Nay: 0 MOTION CARRIED 5 March 26, 2018 REGULAR COMMISSION MEETING C. RESOLUTION NO. 18-11 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA EXPRESSING SUPPORT OF THE CITY OF JACKSONVILLE'S PURSUIT OF FEDERAL BIPARTISAN BUDGET FUNDING FOR THE DUVAL COUNTY SHORE PROTECTION PROJECT IN THE AFTERMATH OF HURRICANE IRMA, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the title into the record. Commissioner Stinson addressed the Commission regarding beach and dune restoration and Federal Government funding. Congress has just passed an Appropriation Bill and there is a lot of extra money available that is given on a first-come first -serve basis, and the request for extra funds may be better received coming from the City of Atlantic Beach and its constituents rather than just himself. He encouraged all to write, call or email their Congressman in support of this Bill. Motion: To Adopt Resolution No. 18-11 as written. Moved by Stinson, Seconded by Kelly Mayor Glasser commended the effort for passing this Bill. The City is still awaiting our reimbursement funds from Hurricane Matthew. The Governor's budget was also recently approved, which includes beach and dune restoration due to damages from the storm. The first priority for the restoration would be the area that was not re -nourished in North Atlantic Beach, though the Commission is looking at re -nourishment throughout Atlantic Beach. Commissioner Stinson spoke about the City of Neptune Beach hiring a lobbyist to assist with obtaining their reimbursement. This may be something we might want to think about doing in the future. Roll Call Votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED D. RESOLUTION NO. 18-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE SENSUS IPERL WATER METERS TO REPLACE FAULTY METERS IN THE UTILITY SYSTEM. Mayor Glasser read the title into the record. CM Gerrity addressed the Commission regarding old water meters that require replacement. About one-half are changed out but still need to replace approximately 4,000 old meters that require replacement. Over the next three years, the City will be asking the Commission to purchase 1,000 meters to complete the replacement. Mayor Glasser thanked the constituents for bringing this issue to the Commission's attention. GM Gerrity stated there are funds budgeted for several contingencies in the Utility Department. 6 March 26, 2018 REGULAR COMMISSION MEETING Motion: To Adopt Resolution No. 18-12 as written. Moved by Norris, Seconded by Kelly Commissioner Stinson thanked the City staff for identifying the meters that are not functioning, and stated the cost of these meters will most likely be recaptured simply by the sale of the water. Roll Call Votes: Aye: 5 Norris, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED E. RESOLUTION NO. 18-13 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA REAFFIRMING THE ATLANTIC BEACH CITY COMMISSION'S COMMITMENT TO: SUPPORT PUBLIC SAFETY EFFORTS THROUGH RESOURCES AND TRAINING; PROMOTE VIGILANCE AND AWARENESS TO ENSURE THAT ALL PERSONS IN THE COMMUNITY MAY LIVE, WORK, PLAY, WORSHIP AND LEARN IN THE SAFEST POSSIBLE ENVIRONMENT; AND ENCOURAGE CIVIC AWARENESS AND ENGAGEMENT TO PREVENT ACTS OF COMMUNITY VIOLENCE Mayor Glasser read the title into the record. Mayor Glasser addressed the Commission regarding safety and the local Governments' preemption from passing gun legislation in local communities. Mayor Glasser spoke about what the police department does; Citizens Response to Shooters, Active Shooter Training, Stop the Bleed Training, working with neighboring police departments and the Duval County Public Schools. The Marjory Stoneman Douglas Bill was passed for efforts to harden resources at schools, and efforts to get school resource officers and mental health training The Mayor thanked the police department for all that they do. Motion: To Adopt Resolution No. 18-13 as written. Moved by Waters, Seconded by Stinson Roll Call Votes: Aye: 5 Stinson, Waters, Kelly, Norris, Glasser Nay: 0 MOTION CARRIED 9. Action on Ordinances A. Ordinance No. 95-18-115, Public Hearing and Final 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 OF SPECIAL 7 March 26, 2018 REGULAR COMMISSION MEETING MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the title into the record. CA Durden addressed the Commission stating that this issue was first brought to the attention of the Commission by Commissioner Stinson and with input from Commissioner Waters. The more recent changes that are reflected in this Ordinance dated 3.8/2018, were made as a result of some comments that we received from the U.S. Humane Society. She went on to state that because of the changes that were made no action was taken at the last Commission Meeting in order to re -advertise, allowing citizens an opportunity to review it, and the Public Hearing was continued. Mayor Glasser opened the Public Hearing. No one wished to speak. Mayor Glasser then closed the Public Hearing. Motion: To Adopt Ordinance No. 95-18-115 as written. Moved by Stinson, Seconded by Norris Commissioner Stinson thanked CA Durden for her work on this Ordinance and Commissioner Waters for her expertise and knowledge. He requested a signed copy of the Ordinance so that he may submit it to the representative of the Humane Society that sent the request. Roll Call Votes: Aye: 5 Waters, Kelly, Norris, Stinson, Glasser Nay: 0 MOTION CARRIED Mayor Glasser called for a recess at 7:46 p.m. and reconvened the meeting at 7:53 p.m. B. ORDINANCE NO. 90-18-231, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, ARTICLE III, DIVISION 2, SECTION 24-51, NOTICE OF PUBLIC HEARINGS; DELETING CURRENT SECTION 24-51 IN ITS ENTIRETY; ADOPTING NEW SECTION 24-51, PUBLIC HEARINGS AND REQUIRED NOTICES, ESTABLISHING NEW NOTICE, ADVERTISEMENT AND SIGNAGE REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51 PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the title into the record. Shane Corbin, Community Development Director, addressed the Commission regarding notification procedures for zoning items. Mr. Corbin stated the current regulations have been in place since 2012, which exceed the minimum State Requirements. The discussions between staff and the city attorney at that time resulted in changing the Ordinance back to meet State minimum requirements so that overlay work could be done, along with making changes to the Land Development Code, and update the comprehensive plan without having to have extensive notification procedures. That proposal went to the Community Development Board and received a recommendation for approval with some minor 8 March 26, 2018 REGULAR COMMISSION MEETING changes. We have received some additional feedback from the community and we are open to make some additional changes to address some of this feedback. Planner Reeves addressed the Commission and referred to the slides displayed about the Ordinance Timeline, the history of the Ordinance, problems with the Ordinance, City wide public noticing, specifically for gas stations and medical marijuana. Site specific public noticing, noticing costs, CDB Recommendations, public response, and commission action were also addressed. Mayor Glasser opened the Public Hearing. City Clerk Bartle called the speakers: Suzanne Barker spoke in favor of the Ordinance and the importance of communicating with the public. There were no more speakers and the Public Hearing was closed. A lengthy question and discussion period ensued from the Commission. DCM Hogancamp Spoke about promoting the Website with regard to communications, push notifications, and communicating with residents. Planner Reeves spoke about privacy concerns with regard to email. CA Durden spoke about the State Statutes, explaining they have not kept up with social media. The Statutes are still connected to what is published in the newspaper and mailed circulation. Commissioner Waters spoke about different types of communication and which types are more effective. Mayor Glasser stated that this is a priority issue due to a moratorium. CA Durden stated the draft has been reviewed and there are four places that, under the old scenario, had three public hearings and currently in this draft, would only have two public hearings. The Commission would have two readings, but only one of those under this Draft would be a Public Hearing. Therefore, there would be two readings and two times that the Commission would take it up, every time. However, there was a change as reflected in the 3-16 Draft that four of those would only be one public hearing, which are Subsection C1, D1, El and Hl. The C1 is the small scales, Subsection Dl is the text changes to the LDR that do not change the list of permitted uses, El is the Ordinances by an applicant other than the City for any changes to the zoning map, and H1 is for Ordinances initiated by the City that change the actual zoning map for parcels involving less than 10 acres. CA Durden continued that there are only four times current in this Draft wherein we go from three Public Hearings to two. It would be a simple change, just as staff has proposed, to make the changes for all Public Hearings to make it clear in the Ordinance that all public hearings have to be after 5:00 p.m. on weekdays. As staff has recommended, four times that we would be adding in mailed notices where it is not already reflected for mailed notices presently. CA Durden stated that she will provide an updated draft, including public hearings, the mailed notice and to increase the number of Public Hearings in those four scenarios. 9 March 26, 2018 REGULAR COMMISSION MEETING Mr. Reeves gave a quick background on why the Ordinance was written this way. CA Durden recited the list of revisions in order to recommend a motion. An example of a motion would be to approve Ordinance 90-18-231 with the following amendments. 1. Paragraphs Al through K1 be revised to show that all public hearings after 5:00 pm weekdays. 2. Add mailed notice provisions to Sections A(2), B(2), D(2) and F(2). 3. Add provisions in Sections C1, D1, El, and HI to require three Public Hearings in each section, one by the Community Development Board and two by the City Commission. Commissioner Stinson asked the City Clerk to re -read for clarity. City Clerk Bartle read the motion into the record, with the amendments, as stated by City Attorney Durden. Motion: To Adopt Ordinance No. 90-18-231 as stated with the City Attorney's recommendations. Moved by Waters, Seconded by Norris Mayor Glasser thanked Atlantic Beach Preservation and the staff for being responsive. Roll Call Votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED C. ORDINANCE NO. 20-18-148, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018 FOR APPROPRIATING FUNDS ASSOCIATED WITH THE FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION GRANT, AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the title into the record. CM Gerrity addressed the Commission explaining that the $24,920 grant that the Police Department received from Firehouse Subs will be used to purchase equipment. The budget is approved by Ordinance and CM Gerrity asked that the Commission accept this Grant to amend the budget by the $24,920. Motion: To Adopt Ordinance No. 20-18-148 as written. Moved by Waters, Seconded by Norris Roll Call Votes: Aye: 5 Norris, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED 10. Miscellaneous Business 10 March 26, 2018 REGULAR COMMISSION MEETING None. 11. City Attorney/City Clerk Reports and/or Requests City Clerk Bartle (CC) introduced the new Associate City Clerk, Phyllis Nadeau. 12. Closing Comments by City Commissioners and City Manager Commissioner Stinson • Spoke about right-of-ways and encroachments and suggested selling rights-of-way to property owners. • Commended the Atlantic Beach Police Department for their efforts. • Asked residence to be courteous at the 4 -way stop. • Stated he is going to bring a recommendation for a proposal for public/private partnership to improve the entrance to the City at Donner Road. • Spoke on JEA installing lights along Beach Avenue and Ocean Boulevard and how this might be affecting turtle nesting. • Commended Ms. Bartle for getting the Agenda Management software implemented. Commissioner Norris • Thank you for happy birthday cupcake. CM Gerrity • Stated that Donner Road is on his radar for this budget year. • Thanked staff, the City Attorney, the City Commission, and the citizens for working on the sign Ordinance. • Announced the Employee Luncheon at Baker Center on April 5th. Mayor Glasser • Announced that she is bringing Teen Counsil back. • Announced that she is working with Mr. Hogancamp on making April the Month for Reviving Civility. 12. Closing Comments by City Commissioners and City Manager Adjournment There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:54 P.M. ATTEST: Ellen Glasser Mayor, Presiding Officer av.,tee, Donna L. Bartle, CMC City Clerk 11