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09-24-18 Minutes Reg. Comm MeetingMINUTES Regular City Commission Meeting Monday, September 24, 2018 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIENCE Mayor Glasser introduced Jerry Curtis, Pastor of Sonrise Worship Center who led the invocation. 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 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Commissioner - Seat 5 Also Present: Brenna Durden, City Attorney (CA) Joe Gerrity, City Manager (CM) Donna Bartle, City Clerk (CC) Shane Corbin, Planning and Community Development Director (PCDD) Derek Reeves, Planner Cathy Berry, HR Director (HRD) Russell Caffey, Finance Director (FD) 1. APPROVAL OF MINUTES Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes and the minutes stand as submitted. A. Approve minutes of the Budget Workshop on August 6, 2018. B. Approve minutes of the Workshop Meeting September 10, 2018. C. Approve minutes of the September 10, 2018 Regular Commission Meeting 2. COURTESY OF FLOOR TO VISITORS Betsy Cosgrove addressed the Commission about the site development plan review process and using the Community Development Board in that process. Susan Carr addressed the Commission about the ADA crossover at 10th Street. Regular City Commission September 24, 2018 Page 1 of 12 Ben de Luna addressed the Commission about Item 10, implementing a Special Magistrate for Code Enforcement. He spoke in opposition to this action. There were no more speakers and Mayor Glasser closed Courtesy of the Floor. 3. CITY MANAGER REPORTS A. City Manager's Report City Manager Joe Gerrity spoke on the following: • Leadership in Energy and Environmental Design (LEED) is included in this year's budget for approval on this agenda. Work will begin on October 1, 2018. • Final Draft of the Storm Water Report by October 12, 2018. • Requested permission to start on a Request for Qualifications (RFQ) for hiring a lobbyist, which is included in this year's budget. Mr. Gerrity stated the plan is to have this person in place when the Legislature convenes at the beginning of next year. There was a brief discussion about hiring a lobbyist. Consensus was given to move forward with the RFQ for the lobbyist. B. Accept the 90 -Day Calendar (October through December 2018) Mayor Glasser spoke about the Town Hall Meeting scheduled for October 13, 2018 at Jordan Park and stated that not all of the Commissioners may be able to attend this meeting. She suggested the Town Hall could be held without a topic or it can be rescheduled. It was decided to address that issue at a later date. There was consensus to accept the 90 -Day Calendar. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Kelly: • Commended the Recreation Department for a successful Jazz Festival this past weekend and spoke about attending the WEB.COM event. • Reassured residents that Staff is working to find solutions to parking issues on 10th Street. • Spoke about the meeting held last week on Coyote education, reminding everyone about working together on this issue. • Congratulated HRD Berry on receiving her Human Resources Certificate. Commissioner Norris: No comment. Commissioner Stinson: • Stated he was contacted by former Mayor Mike Borno about an issue with parking in restricted areas in Oceanwalk and approximately $75,000 damage to their boardwalk. Mr. Stinson asked if someone from the City or the Police Department could contact Mr. Borno. Regular City Commission September 24, 2018 Page 2 of 12 • Advised he received a call from Mrs. Perdue (lives on 14th Street between Ocean and Beach Avenue) about widening the streets. CM Gerrity and DCM Hogencamp contacted Mrs. Perdue and have visited her residence. Commissioner Waters: No comment. Mayor Glasser: • Spoke about the success of the Jazz Festival and WEB.COM. • Announced the Atlantic Beach Youth Council meeting is scheduled for tomorrow. • Spoke about the passing of Robert Boudreaux, a World War II Veteran and survivor of the Pearl Harbor attack. • Thanked Staff for working on issues regarding Coyotes. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS A. Annual Performance Evaluations of Charter Officers Mayor Glasser thanked Commissioner Stinson for suggesting a new streamlined process and stated the performance evaluations were favorable for each of the Charter Officers. She asked for the Commissioners comments and agreement to accept the evaluations. Commissioner Stinson stated the three Charter Officers have exceeded his expectations over the past year. He has been very pleased with the work that has been done. There was no further discussion and Consensus was given that all Performance Evaluations are complete and satisfy the City's requirements. 6. CONSENT AGENDA N/A 7. COMMITTEE REPORTS A. Parking and Pedestrian Safety Advisory Resource Committee -18th Street Parking (Commissioner Stinson) Commissioner Stinson distributed copies and read the Recommendation (on file) from the Parking and Pedestrian Safety Advisory Resource Committee (PPSARC) for the 18th Street Beach Access and Public Parking. Discussion ensued about parallel parking, bicycles and low speed electric vehicles, the importance of parking reconfiguration not affecting the beach re -nourishment program, coordinating with the Police Department, having Staff draw plans for a visual concept, the potential legal challenges brought on by decreasing parking spaces, pedestrian and safety issues, and the Paid Parking Program. Regular City Commission September 24, 2018 Page 3 of 12 8. ACTION ON RESOLUTIONS A. RESOLUTION NO. 18-36 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID 91718-08 FOR THE ADA COMPLIANT DUNE WALKOVER AT 10TH STREET. CM Gerrity explained how walkovers prevent beach erosion and improve access to the beach. He listed the locations of the existing dune walkovers and noted they do not meet ADA standards. He explained 10th Street was selected for the new walkover mainly due to the abundance of public parking available. Mr. Gerrity presented slides of the 10th Street dune walkover redesign. He also spoke about future walkover locations being decided by the Commission instead of Staff. A lengthy discussion ensued about the existing emergency vehicle access points, ADA definitions, the number of walkovers to be redesigned to meet ADA requirements, differences between handicapped -accessible beach ramps and accessible beach ramps, and beach access wheelchairs. MOTION: To adopt Resolution No. 18-36. Motion: Brittany Norris Second: John Stinson Commissioner Norris: Thanked Staff for their consideration towards the citizens about the benches, bricks, and redesigning and decreasing the size of the walkover. Commissioner Stinson: Spoke about having adequate beach access, and commended Staff for their work on this project and stated his support for this location. Commissioner Waters: Thanked Staff for their work on this project. She spoke about choosing locations for building ADA walkovers and stated she is in support of the location. Commissioner Kelly: Spoke about the extensive work put into this project and the careful planning involved and stated she supports this location. Mayor Glasser: Spoke about safety concerns, beach re -nourishment, and the negative emails from residents about the 10th Street location. She stated an overall plan for 10th Street is lacking and she is opposed to this location. Mayor Glasser allowed for second round comments. Commissioner Stinson: No comment. Regular City Commission September 24, 2018 Page 4 of 12 Commissioner Waters: Spoke about the commitment to handicap accessibility for beach access and how the design at 10th Street provides for much easier maneuverability for pushing someone in a wheelchair. Commissioner Kelly: No comment. Commissioner Norris: No comment. Mayor Glasser: Spoke about the Beach Renourishment Project that starts in November 2018. John Stinson (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser Against Blythe Waters For Candace Kelly For Motion passed with a 4 to I vote. 4 to 1. Mayor Glasser called for a break at 7:49 PM. The meeting reconvened at 7:56 PM. B. RESOLUTION NO. 18-37 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE AMENDMENT TO THE 2016-2019 NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630 LIUNA, AFL-CIO "BLUE COLLAR" CONTRACT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT. CM Gerrity reported on the meeting with LIUNA and reviewed the changes to the contract. He referred any questions to Cathy Berry, HR Director. Ms. Berry stated they had very successful negotiations with LIUNA. There was a brief discussion about the union stewards. Ms. Berry stated one of the three stewards was promoted to a management position and now there are two stewards. Discussion continued about Article 24 - Wages, about the strike -outs and the new pay scale. All questions were answered. MOTION. To adopt Resolution No. 18-37 as read. Motion: John Stinson Second: Candace Kelly Discussion ensued and the Commission thanked CM Gerrity and HR Director Berry for their work on the contract, the importance of all the employees for the City's functions, the new pay scale, and the benefits and results of the Climate Survey. Regular City Commission September 24, 2018 Page 5 of 12 Ellen Glasser For John Stinson (Moved By) For Blythe Waters For Candace Kelly (Seconded By) For Brittany Norris For Motion passed 5 to 0. C. RESOLUTION NO. 18-38 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING AMENDMENTS TO THE 2018-2020 COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION CONTRACT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING. CM Gerrity spoke about the meetings with the Police Union and reviewed the changes negotiated. He referred any questions to Cathy Berry, HR Director. Chief Cook stated that the State Physical Agility Test is used by many agencies. We are using the same tests that the Jacksonville Sherriff s Office uses which is more reflective of the skills and abilities needed by our police officers. Chief Cook reviewed the specifics of the tests. MOTION: To adopt Resolution No. 18-38 as read. Motion: John Stinson Second: Brittany Norris Commissioner Kelly: No comment. Commissioner Norris: No comment. Commissioner Stinson: Stated the City's Police Department is the best and commended all the Officers that serve the City of Atlantic Beach. Commissioner Waters: Expressed her respect for the Police Department and how they interact with the community, whether on or off the job. Mayor Glasser: Commended the Police Department for their service in the community. John Stinson (Moved By) For Brittany Norris (Seconded By) For Ellen Glasser For Blythe Waters For Candace Kelly For Regular City Commission September 24, 2018 Page 6 of 12 Motion passed 5 to 0. D. RESOLUTION NO. 18-39 A RESOLUTION OF THE CITY OF ATLANTIC BEACH GRANTING AN INCREASE IN PAY OF 3% TO THE CITY MANAGER AND TO THE CITY CLERK, EFFECTIVE 10/1/2018. Mayor Glasser explained the pay increases for the Charter Officers salaries, noting they are the same as all the employees. MOTION. To adopt Resolution No. 18-39 Motion: Brittany Norris Second. John Stinson Ellen Glasser For John. Stinson (Seconded By) For Blythe Waters For Candace Kelly For Brittany Norris (Moved By) For Motion passed 5 to 0. E. RESOLUTION NO. 18-40 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE PURCHASE OF A 6 -INCH DOUBLE DIAPHRAGM PUMP FROM MYERS-SETH PUMP INC. ON BEHALF OF THE CITY OF ATLANTIC BEACH FOR THE PRICE OF $27,485. CM Gerrity explained this is to replace a four inch pump with a six inch pump. As detailed in his memo this is a mobile pump used for repairing water breaks. MOTION: To Adopt Resolution No. 18-40 as read Motion: Candace Kelly Second. Brittany Norris Commissioner Stinson: Stated, for the record, he has done business with Myers -Seth Pumps. He stated this is quality equipment from this company and will serve the City many years. Ellen Glasser For John Stinson For Blythe Waters For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Regular City Commission September 24, 2018 Page 7 of 12 Motion passed S to 0. F. RESOLUTION NO. 18-35 - Public Hearing ADOPTION OF RESOLUTION NO. 18-35 FOR THE MILLAGE RATE. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30,2019; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. Mayor Glasser stated the following: The Millage Rate is 3.2285. The Tentative Millage Rate is 3.2285. The Roll -Back Rate is 3.0252. The Tentative Millage Rate is 6.72% more than the roll back rate. The purpose for adopting the millage rate of 3.2285 is to maintain a level of ad valorem tax revenue sufficient to support funding for the proposed level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. MOTION: To Adopt Resolution No. 18-35, setting a final Millage Rate of 3.2285. Motion: John Stinson Second: Brittany Norris Mayor Glasser opened the Public Hearing. There were no speakers and Mayor Glasser closed the Public Hearing. There was no discussion nor comments from the Commissioners. Ellen Glasser For John Stinson (Moved By) For Blythe Waters For Candace Kelly For Brittany Norris (Seconded By) For Motion passed S to 0. Regular City Commission September 24, 2018 Page 8 of 12 r'� ACTION ON ORDINANCES A. ORDINANCE NO. 20-18-150, Public Hearing and Final Reading ADOPTION OF ORDINANCE NO. 20-18-150, ESTABLISHING THE OPERATING BUDGET FOR FISCAL YEAR 2018/2019. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019. MOTION. To adopt Ordinance No. 20-18-50 Motion: John Stinson Second: Candace Kelly Mayor Glasser opened the Public Hearing. There were no speakers and Mayor Glasser closed the Public Hearing. The Commissioners commended and thanked the City Manager and staff for their preparation of this budget. Ellen Glasser For John Stinson (Moved By) For Blythe Waters For Candace Kelly (Seconded By) For Brittany Norris For Motion passed S to 0. B. ORDINANCE NO. 75-18-20, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REPEALING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, OF THE CODE OF ORDINANCES AS AMENDED THROUGH ORDINANCE NUMBER 75-13-19 AND REPLACING IT WITH EXHIBIT A AND CONTAINING SIX ARTICLES: ARTICLE I - IN GENERAL, ARTICLE II - STOPPING, STANDING AND PARKING ON PUBLIC PROPERTY, ARTICLE III - WRECKER SERVICE, ARTICLE IV - MOTOR VEHICLE TITLE LOANS, ARTICLE V - VEHICLES FOR HIRE, AND ARTICLE VI - UNREGISTERED AND INOPERABLE VEHICLES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Planner Derek Reeves presented slides on the first half of the Ordinance covering the history of the Ordinance, an overview of the changes, and private property towing as detailed in the agenda memo. Chief Cook presented slides on the second half of the Ordinance covering the current status, Section 21-17 Prohibited in specific areas, Section 21-23 Parking in the Right of Way, Staff Review, Scope of Review, Staff Goals and Staff Recommendations as detailed in the agenda memo. Regular City Commission September 24, 2018 Page 9 of 12 A lengthy discussion ensued regarding vendor parking, vehicles for hire (Uber, etc.), illegal parking, enforcement, right-of-way parking, parking limitations, and clarifying parking in general throughout the City. Commissioner Stinson spoke about the PPSARC review of this ordinance and stressed the need for parking standardization. CA Durden stated she has not reviewed this Ordinance yet and after reviewing she will provide her comments/revisions to the City Manager before the Public Hearing on October 8th. She spoke of the difficulty in writing these types of Ordinances and addressing every single scenario, which is why Officer discretion language is very important. For the streets not listed, then State Laws are applicable and Ms. Durden stated that language should be included. She stated that the First Reading should go forward. If there are changes they can be addressed at the October 8th meeting/Public Hearing, and continue the Public Hearing to the October 22nd meeting. Commissioner Waters spoke at length about Sec. 21-61 (e) (3), Motor vehicle title loan transactions. She wanted to add language stating 'if the sign is not properly displayed their license can be revoked immediately'. MOTION: To Adopt Ordinance No. 75-18-20 as read. Motion: Blythe Waters Second: Candace Kelly Commissioner Waters: Thanked staff for the work done on this Ordinance. Commissioner Kelly: Inquired about Sec. 21-38 Schedule of fines, if they were consistent with todays' rates. Chief Cook responded that they were. Commissioner Norris: Thanked staff for the work done on this Ordinance. Commissioner Stinson: Thanked staff for the work done on this Ordinance. Mayor Glasser: Thanked staff for the work done on this Ordinance. She especially appreciates the work done on towing vehicles. Ellen Glasser For John Stinson For Blythe Waters (Moved By) For Candace Kelly (Seconded By) For Brittany Norris For Motion passed 5 to 0. Regular City Commission September 24, 2018 Page 10 of 12 10. MISCELLANEOUS BUSINESS A. Direction from the City Commission regarding implementation of Special Magistrates. CM Gerrity stated staff has researched this and Shane Corbin, Planning and Community Development Director, will present a slideshow for reference. Mr. Corbin stated Jacksonville Beach and Neptune Beach use a Special Magistrate for their Code Enforcement, as well as many other communities throughout Florida. He explained a Special Magistrate issues subpoenas for alleged code violators, can subpoena evidence, hears testimony, issues orders to enforce the Code, issues findings of fact, enforces the Dangerous Dog ordinance, enforces the Human Rights ordinance and retail sales of animals. Mr. Corbin spoke about the pros and cons between a Code Enforcement Board and a Special Magistrate. He stated the current process takes approximately 140 staff hours with a Code Enforcement Board. It is anticipated those hours can be reduced by approximately 50 hours, as well as costs, utilizing a Special Magistrate process. The issue of having a quorum for the Code Enforcement Board is eliminated with a Special Magistrate. Mr. Corbin requested direction from the Commission. Discussion ensued and questions were answered about quorum requirements, the Special Magistrate maintaining the same meeting schedule, the Special Magistrate functions and actions for Code Enforcement, and costs comparisons. CA Durden explained that the City Attorney would not attend the meetings to represent the Special Magistrate but may need to attend to represent the staff, depending upon the circumstances of a case. Mr. Stinson commended the members of the Code Enforcement Board, stating they are assets to the City. If the City chooses to use a Special Magistrate Mr. Stinson hopes those members will still consider serving the City on other Boards. CONSENSUS was to move forward and change to a Special Magistrate for Code Enforcement. This will require an RFQ for Professional Services, and changing the Ordinance to eliminate the Code Enforcement Board and replace with a Special Magistrate. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS City Attorney Durden - no comment. City Clerk Bartle - Thanked the Commission for their comments and the raise. Regular City Commission September 24, 2018 Page 11 of 12 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Stinson: Spoke about his service to the City of Atlantic Beach stating it has been an honor and a privilege. Mr. Stinson announced he will be stepping down from his seat and will be officially resigning on October 8, 2018, after Courtesy of the Floor. He requested to do the invocation and pledge at the next meeting. Commissioner Waters: Stated Commissioner Stinson has made a difference to the City of Atlantic Beach and appreciated the time working with him. Commissioner Kelly: Spoke about what she has learned from Commissioner Stinson, wishing him 'fair winds and following seas'. Commissioner Norris: Stated it has been an honor to serve with Mr. Stinson and he will be missed. City Manager Gerrity: Stated this is a wonderful Commission to work with. Mayor Glasser: Stated Commissioner Stinson will be missed and she spoke about his devotion to his family and his children and to the City of Atlantic Beach. City Attorney Durden: stated it has been a pleasure to work with Mr. Stinson. CA Durden explained the process in the Charter wherein it states the City Commission has to find a replacement and fill the vacancy within 15 days of the vacancy (October 8, 2018), by October 23, 2018. Ms. Durden stated that staff will place notices on the City website, social media, and issue a press release that the City will be accepting letters of interest along with a resume from qualified persons. The deadline to submit will be October 10, 2018, then a Special Meeting could be scheduled for October 15, 2018 for the election/replacement. At the conclusion of the vote for the replacement, that person will be administered the Oath and be sworn in on October 15, 2018, to fill Seat 2 at the next regular Commission meeting on October 22, 2018. Discussion ensued about the process involved in the appointment process. City Clerk Bartle asked questions about advertising for Seat 2. All questions were answered. 13. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 10:08 PM. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Regular City Commission September 24, 2018 Page 12 of 12