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08-27-18 Commission Meeting MinutesMINUTES Regular City Commission Meeting Monday, August 27, 2018 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIENCE The invocation was led by Father Christopher Martin, Rector of St. Mary's Church in Green Cove Springs, Florida. CALL TO ORDER: Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ROLL CALL: Present: Ellen Glasser, Mayor - Seat 1 John Stinson, Commissioner - Seat 2 Blythe Waters, Mayor Pro Tem / Commissioner - Seat 3 (arrived 7:09 PM) Candace Kelly, Commissioner - Seat 4 Brittany Norris, Commissioner - Seat 5 Also Present: Joe Gerrity, City Manager (CM) Shane Corbin, Planning and Community Development Director (PCDD) Donna Bartle, City Clerk 1. APPROVAL OF MINUTES A. Approve minutes of the Community Outreach Meeting April 13, 2018 B. Approve minutes of the Regular Commission Meeting July 23, 2018 C. Approve minutes of the Budget Workshop Meeting July 18, 2018 D. Approve minutes of the Special Called Meeting August 13, 2018. Mayor Glasser asked if there were any corrections or edits to the above minutes. There were none. The minutes stand as submitted. 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. There were no speakers. Regular City Commission August 27, 2018 Page 1 of 8 3. CITY MANAGER REPORT A. City Manager's Report CM Gerrity stated an Insurance Workshop has been scheduled for September 10, 2018, at 6:00 PM, before the regularly scheduled Commission meeting. The meeting will consist of an overview of the insurance chosen this year. CM Gerrity announced the Florida Wildlife Commission will be giving a presentation on coyotes on September 19, 2018 at 5:30 PM in the City Chamber. This presentation will be streamed live. CM Gerrity asked for the Commissions' permission to move $100,000 from the City's cash carry -forward (left over from this year's budget) for the road resurfacing program. The immediate concern is Jackson Street and the other is 14th Street. Consensus was given. B. Accept the 90 -Day Calendar (September through November 2018) Consensus was given to accept the 90 -Day Calendar as submitted. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS None. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS A. RESOLUTION NO. 18-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING CITY STAFF TO ACCEPT A DONATION FROM AN ANONYMOUS DONOR VIA THE PUBLIC TRUST ENVIRONMENTAL LEGAL INSTITUTE OF FLORIDA, INC.; DIRECTING STAFF TO DEVELOP INITIAL PLANS FOR A GREENWAY ON THE SELVA PRESERVE PROPERTY; NAMING THIS PROPERTY "JUNE PARK"; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Commission August 27, 2018 Page 2 of 8 Mayor Glasser read the Ordinance. She expressed she would like to defer this Resolution to allow for discussion about naming agreements and to allow research regarding anonymous donations. She opened the floor to questions. CA Durden advised the Commission that the application to modify the Water Management District permit has not yet been submitted, and the Plat for the property is scheduled to be recorded this coming Thursday, as well as the Greenway easement. She advised it would be more prudent to hold off making a decision on this issue until the outcome of the Water Management District modification is clear. John November, representing Public Trust Environmental Legal Institute, addressed the Commission stating the Resolution is self-explanatory and any further research would be counter-productive. MOTION: To defer Item 8A until September 10, 2018 Motion: Brittany Norris Second: Candace Kelly Commissioner Norris: Is not opposed to accepting the donation, but conveyed her concern about transparency and involving residents in the decision-making process. She stated she would be more comfortable knowing the history behind the naming of the park as well. Accepting the donation may assign the City to actions we are not prepared to take on or that residents may want to have done differently. She is grateful for the donation, but feels a decision should not be rushed, especially since the Plat has not been recorded. Commissioner Stinson: Inquired about Commissioner Norris' rationale behind wanting to defer this Item. He conveyed that the bigger decision is whether or not to accept the donation. He is opposed to deferring this Item as he does not think there is time to get resident input. Commissioner Stinson stated this Item would best be handled by approving or disapproving the Resolution through a Motion at this meeting. Commissioner Stinson stated that, after he was first contacted by Mr. November, he was interested in this donation. After more consideration he became hesitant, explaining there was no documentation from the Parks Master Plan, the purchase papers had just been signed, and there would be no time for citizen input. The residents were in support of buying the property due to 1) conservation; 2) preservation and 3) stormwater utilization. This proposal does not fall within any of those three guidelines. Mr. Stinson stated that approving this Resolution could jeopardize potential future property donations. He feels it is premature and deferring this Item would not be fair to the residents that are paying the bill. Commissioner Kelly: Commented she is comfortable with the process. She stated she was under the impression the plans for the property included a provision to create a path. She is in favor of a donation that will help the City to pay for the path. Regular City Commission August 27, 2018 Page 3 of 8 Mayor Glasser: Is in favor of deferring this because she wants to know the City's naming guidance. She stated this falls well within the mission of the Environmental Stewardship Committee (ESC) and they have had no involvement with it to date. She expressed she would like CA Durden to have the opportunity to address due diligence and transparency issues. MOTION. To withdraw the Motion to defer Item 8A. Motion: Brittany Norris Second. Candace Kelly Commissioner Stinson asked CA Durden if there could still be discussion if the motion has been withdrawn. CA Durden replied stating there could still be discussion. She stated discussion can occur with or without a motion on the table. Mayor Glasser stated this is not a matter of City Staff not having produced anything yet on the Parks Master Plan. With regard to timeline, the City is right on schedule and has not missed a deadline. She feels the City Staff will put something together within the next two weeks regarding naming rights that will include public input. This should give the Commission some clarification on anonymous donations coming through a third party, making sure there are no conflicts. Mayor Glasser entertained a motion. No motion was made. Mayor Glasser referred to CA Durden for clarification. Ms. Durden confirmed that if a motion is not made then the Item will roll over to the next meeting. Commissioner Waters arrived at 7:09 PM. MOTION. • To deny Resolution No. 18-34. Motion: John Stinson Second: NO SECOND Motion dies. CA Durden stated if there is no motion to take action, then it is her opinion that this Resolution will be a pending Resolution that would "roll" until the Commission takes some action on it. MOTION: To approve Resolution No. 18-34. Motion: Blythe Waters Second. NO SECOND Motion dies. Regular City Commission August 27, 2018 Page 4 of 8 a Mayor Glasser stated this is now a pending Resolution that the Commission can choose to take up at a later date. She confirmed her statement with CA Durden. ACTIONORDINANCES A. ORDINANCE NO. Public Hearing and Final Reading AN ORDINANCE 1 I CITY OF ATLANTIC BEACH, AMENDING CHAPTER 4 OF THE CODEOF ORDINANCES, 1 ADD BACKYARDARTICLE 111, HENS, INCLUDING►1 1 DEFINITIONS,PERMIT REQUIRED, PERMITTED/ 1 AMENDINGREQUIREMENTS AND PROHIBITIONS, REQUIRED IMPROVEMENTS, EFFECTS ON OTHER PARTS OF THIS CHAPTER, AND ENFORCEMENT; i 1,. MAINTAINING CERTAIN ANIMALS IN THE PROVIDING 1 1 1 PROVIDING F1' SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PCDD Corbin stated he had no new documentation to add to the Ordinance since his last presentation. He has had no interactions with residents expressing concern. Mayor Glasser opened the floor for Public Hearing. There were no speakers and the Public Hearing was closed. MOTION. • Motion to Adopt Ordinance No. 95-18-116 Motion: Brittany Norris Second: Candace Kelly Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Blythe Waters For John Stinson Against Motion passed with a 4 to I vote. B. ORDINANCE NO. 20-18-149, Public Hearing and Final 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 ADDITIONAL FUNDS TO THE POLICE PENSION FUND; AND PROVIDING AN EFFECTIVE DATE. CM Gerrity explained the Ordinance. Mayor Glasser opened the Public Hearing. There were no speakers and the Public Hearing was closed. Regular City Commission August 27, 2018 Page 5 of 8 10. MOTION. To Accept Ordinance No. 20-18-149. Motion: Candace Kelly Second. Brittany Norris Commissioner Kelly emphasized the importance of this issue to the residents in the community. She stated it is a symbol of the City's good faith to fully fund the Police Pension Fund in a timely manner. Commissioner Stinson expressed his approval of the Ordinance and feels it is an appropriate use of funds. Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Ellen Glasser For Blythe Waters For John Stinson For Motion passed unanimously. MISCELLANEOUS BUSINESS A. WAIV18-0008 Public Hearing Request for a waiver as permitted by Section 24-46(d) to waive the prohibition of tattoo artists (permanent makeup or microblading) within the Commercial General zoning district as required by Section 24-111(b) at 725 Atlantic Boulevard, Suite 2. PCDD Shane Corbin presented a slideshow and explained the need for the Waiver. Mayor Glasser opened the floor for Public Hearing. There were no speakers and the Public Hearing was closed. A brief discussion ensued about the details of a previous Wavier granted and updating Section 24. MOTION. To approve Waiver 18-0008 with the condition the Waiver is specific to the individual and that all appropriate cosmetic licenses are maintained. Motion: Brittany Norris Second: Blythe Waters CA Durden spoke about the findings that are made part of the Order Granting the Waiver. She explained that the Commission needs to find that it has been demonstrated that compliance with the provision is either unreasonable, in conflict with the public interest, or a practical impossibility. Given the case law, the appropriate compliance measure may be in conflict with the public interest. Regular City Commission August 27, 2018 Page 6 of 8 11. 12. Commissioner Norris specified the Waiver should be approved because it is in conflict with the public interest. Commissioner Kelly stated cosmetic tattooing is a popular service, therefore, it would be unreasonable and in conflict with the public interest to deny this Waiver. Mayor Glasser, for the record, stated that the Commission is considering this motion on the grounds it has been demonstrated that compliance with the provision would be unreasonable, in conflict with the public interest, or a practical impossibility. Blythe Waters (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Candace Kelly For John Stinson For Motion passed unanimously. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS City Clerk Bartle: • Was asked at the Workshop last week to research Charter Officers evaluations. She has emailed her findings to the Commissioners for review. CA Durden: • Informed she has briefly reviewed the information sent by CC Bartle, and with the provision in the Charter it is clear that the Commission must take action in regard to annual performance reviews of the three offices. The type of review process is not specified so there is flexibility. She will get back to the Commission with more information regarding the options available. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Stinson: • Reminded the Commission it has been over one year since the PPSARC made a recommendation to adopt the Paid Parking Program. He suggested Atlantic Beach proceed without waiting for Neptune Beach to make a decision as he feels there is enough need within the City. • Reminded everyone about the Referendum on the November 6, 2018 ballot to move the City of Atlantic Beach elections to even -numbered years (November General Election dates). The citizens' votes are critical to this Referendum. • Talked about streamlining Commission meetings and the need to have all of the discussion after the motion instead of before the motion. Regular City Commission August 27, 2018 Page 7 of 8 Commissioner Waters: • Read Senator John McCain's farewell letter to the nation. • Agrees with the Paid Parking solution. Commissioner Kelly: • Agrees with the Paid Parking solution. • Spoke about Labor Day and 9-11. She reminded everyone "Never Forget." Mayor Glasser: • Announced the City will be receiving $15 million toward re -nourishment of Atlantic Beach. An event is tentatively being planned in recognition of Mayor Curry and she would like all of the Commissioners to join her. • Spoke about the Referendum on the November 6, 2018 ballot and the impact of Amendment 1. • Stated she will consider Commissioner Stinson's suggestion about the order of discussion with regard to motions during these meetings. • Commented on Paid Parking solutions and stated she does not feel the City is ready to do this on their own because work with the vendors has not been done. She feels the City should wait for Neptune Beach a little longer. • Commented on the uniqueness of a new restaurant, Coop 303. She stated she looks forward to dining there. • Thanked Mayor Curry for volunteering resources to help with training after the recent climate survey. CM Gerrity: • Announced he plans to attend a meeting tomorrow in Neptune Beach about Paid Parking. He will let everyone know the outcome of that meeting. • Stated he attended the League of Cities meeting a few weeks ago and there was a strong emphasis on celebrating the 50th Anniversary of the Home Rule amendment to the Constitution. • Commented on the passing of Senator John McCain and how he worked for the best interest of the people of the United States. He will be missed. 13. ADJOURNMENT There being no further discussion, Mayor Glasser adjourned the meeting at 10:30 PM. Attest: Donna L. Bartle, City Clerk len Glasser, Mayor Date Approved: DLB/pn Regular City Commission August 27, 2018 Page 8 of 8