Loading...
01-28-19 Minutes Regular Commission MeetingMINUTES r S Regular City Commission Meeting Monday, January 28, 2019 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIENCE 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 Cindy Anderson, 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) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Shane Corbin, Community Development Director Russell Caffey, Director of Finance Phyllis Nadeau, Associate City Clerk/Recording Secretary 1. APPROVAL OF MINUTES Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. A. Approve Minutes of the Commission Meeting on January 12, 2019. B. Approve Minutes of the Commission Town Hall on January 14, 2019. MOTION. • Mayor Glasser asked if there was any opposition to moving Item 8B to this position on the agenda. Motion: Cindy Anderson Second. Brittany Norris Cindy Anderson (Moved By) For Brittany Norris (Seconded By) For Ellen Glasser For Blythe Waters For Candace Kelly For Regular City Commission January 28, 2019 Page 1 of 15 Motion passed S to 0. 8B. RESOLUTION NO. 19-03 A RESOLUTION HONORING AND COMMENDING BRIAN TEEPLE, EXECUTIVE DIRECTOR OF THE NORTHEAST FLORIDA REGIONAL COUNCIL, ON THE OCCASION OF HIS RETIREMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by Title, then called Kevin Hogencamp, Deputy City Manager (DCM), to address the Commission. On behalf of City Manager Gerrity and the Atlantic Beach Commission, DCM Hogencamp stated it has been an honor to work with Mr. Teeple and expressed appreciation for his service to the City of Atlantic Beach. MOTION. Motion to adopt Resolution No. 19-03 as read. Motion: Blythe Waters Second. Cindy Anderson City Attorney Durden commended Mr. Teeple for his accomplishments and extended her gratitude and appreciation to him. She stated she has worked with Mr. Teeple since 1987 and has learned so much from him. Cindy Anderson (Seconded By) For Candace Kelly For Blythe Waters (Moved By) For Brittany Norris For Ellen Glasser For Motion passed S to 0. 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. City Clerk Bartle called each speaker to the podium. Lenny Jevic spoke against Item 8E. Johnny Sparks spoke against Item 8E. Susanne Barker spoke in favor of both Resolution No. 19-11 and Resolution No. 19-07, and spoke against moving forward now with Resolution No. 19-04. Mitchell Reeves spoke against Item 8C and Item 8E. Regular City Commission January 28, 2019 Page 2 of 15 Kirk Hanson spoke in opposition to Item 8C and Item 8E, and spoke about making improvements to stormwater management. Steve Piscitelli spoke about Item 8E and mostly opposed to moving forward. Stephen Fouraker spoke about and commended the Environmental Stewardship Committee (ESC). He also spoke about stolmwater management. Bruce Andrews spoke in favor of Item 8C and against Item 8E. City Clerk Bartle read the name and comment from the citizen who did not wish to speak as follows: Mark Tingen isopposed to Resolution Nos. 19-04 and 19-07. There were no more speakers and Mayor Glasser closed Courtesy of the Floor. 3. CITY MANAGER REPORTS A. City Manager's Report provided by DCM Hogencamp • Stated another Commission photo will be scheduled for February 11, 2019 at 5:50 PM. • Lee Davis, Recreation department employee, was honored with the MLK Community Service Award. • Bonnie Dover, Customer Service Utility department employee, retired from the City. • Extended an invitation to "Storytellers, Mr. E and Friends" on February 2nd at 1:00 PM at the Vooswar Restaurant and Lounge. • Spoke about The Donna Run on February 10, 2019. • Requested consensus from the Commission for the reconfiguration of the north end of the Seminole Rd. Sidewalk Project. A brief discussion ensued about this project and the reconfiguration. It was reiterated that any/all concerns about this project should be directed to Scott Williams, Director of PWD. Consensus was given to move forward with the reconfiguration of the north end of the Seminole Road Sidewalk Project. B. Accept the 90 -Day Calendar (Feb through April 2019) Consensus was given to accept the 90 -Day Calendar as submitted. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS A. Proclamation in recognition of Arbor Day - Mayor Glasser spoke about the ceremony held on January 18, 2019 in Johansen Park. Regular City Commission January 28, 2019 Page 3 of 15 5. 6. Commissioner Norris - no report. Commissioner Waters - no report. Commissioner Anderson spoke about the Arbor Day ceremony, the Park Management workshop, Langston & Associates grant research, and her decision making criteria for City projects and expenditures. Commissioner Kelly spoke with the City Manager about having a "State of the City/Union Address" to report on City projects/status. Mayor Glasser spoke about having several issues all come at the same time, the Beach Renourishment Project, and the Donna Run. Mayor Glasser acknowledged the passing of USAF/Retired Colonel George McKnight, a citizen of Atlantic Beach. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. CONSENT AGENDA A. Acknowledge receipt of the Monthly Financial Report for November 2018. Commissioner Kelly requested discussion on Item 6A. There were questions about the Reserves and spending of the Reserves, the pending FEMA reimbursements, and Pension Fund contributions and investments. Russell Caffey, Finance Director, answered questions. B. Acknowledge receipt of Monthly Building Activity Report for December 2018 MOTION. To approve the Consent Agenda, Items 6A and 6B. Motion: Blythe Waters Second: Candace Kelly Cindy Anderson For Candace Kelly (Seconded By) For Blythe Waters (Moved By) For Brittany Norris For Ellen Glasser For Motion passed S to 0. Regular City Commission January 28, 2019 Page 4 of 15 a 01 COMMITTEE REPORTS A. Environmental Stewardship Committee Update Judith Leroux, former Chair, introduced the new Chair, Bruce Andrews. She stated the members names and acknowledged the Building department employee for recording and transcribing the meeting minutes. Ms. Leroux gave a presentation on the vision and the accomplishments of the ESC. She spoke about the review of tree removal permits and appeals, tree permit yard signs, the Heritage Tree Dedication, the Beaches Town Center Landscaping, Howell Park and Tideviews Preserve tree plantings, the tree planting ceremony at Atlantic Beach Elementary, Partner in Parks Master Plan, LEED for Cities, the Oceanwalk Tree Waiver, and reviewed the Tree Ordinance. Bruce Andrews spoke about the 2019 future focus being on the tree canopy, Ordinance suggestions, education and promotion of planting trees, LEEDS as a tool, going more "green," dunes and marsh protection. ACTION ON RESOLUTIONS A. RESOLUTION NO. 19-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH ACKNOWLEDGING THAT SEA LEVEL RISE AND COASTAL RESILIENCY ARE MATTERS OF URGENT CONCERN THAT REQUIRE PROACTIVE MEASURES FOR COMMUNITY PLANNING IN ATLANTIC BEACH AND BEYOND; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by Title. DCM Hogencamp provided the history leading up to this Resolution and the goal to prepare a Coastal Vulnerability Assessment. MOTION. To adopt Resolution No. 19-02 as read. Motion: Candace Kelly Second: Brittany Norris Cindy Anderson For Candace Kelly (Moved By) For Blythe Waters For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed S to 0. Regular City Commission January 28, 2019 Page 5 of 15 C. RESOLUTION NO. 19-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE EXPENDITURE OF $39,350 FROM THE CITY'S GENERAL FUND RESERVE ACCOUNT FOR THE PROCUREMENT OF NORTH FLORIDA LAND TRUST TO SERVE AS THE CITY'S NEGOTIATING AGENT FOR THE POTENTIAL PURCHASE OF JOHNSTON ISLAND; AUTHORIZING THE CITY MANAGER/MAYOR TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by Title, then called DCM Hogencamp to address the Commission. Mr. Hogencamp reviewed the results of the workshop held, including representatives from the City of Jacksonville and the North Florida Land Trust (NFLT), relating to the potential purchase of Johnston Island. The Resolution will authorize payment for NFLT to serve as the City's negotiating agent and he explained the basic services and scope of work. A lengthy discussion ensued about the timetable for the appraisal, meeting deadlines, budgeting funds for the purchase. MOTION. • To approve Resolution 19-04 as read. Motion: Blythe Waters Second. Cindy Anderson Commissioner Anderson spoke about the importance of conducting due diligence prior to this potential property purchase. NFLT will negotiate for the acquisition, which includes determining what the City of Jacksonville will do with our City regarding maintenance of the property going forward. She also noted that NFLT is experienced and knowledgeable with environmental land purchases. Ms. Anderson spoke about the grant that will reimburse 25% of the land purchase price and the deadline for processing that application. Commissioner Kelly spoke about the vision for use of this potential park. She spoke about the Florida Inland Navigation District expressing interest regarding the provision for boat docks, for tying -up only. Utilizing the services of NFLT will allow the City to see everything necessary to make the decision whether or not to purchase this property. Commissioner Norris spoke against the purchase of Johnston Island, stating she feels the City's money should go towards Water Management and other areas of the City. Commissioner Waters spoke about this property being developable and navigable. She also spoke about the vision for potential use of the property. Mayor Glasser spoke in favor of going forward with NFLT and the negotiations for Johnston Island. Regular City Commission January 28, 2019 Page 6 of 15 Cindy Anderson (Seconded By) For Candace Kelly For Blythe Waters (Moved By) For Brittany Norris Against Ellen Glasser For Motion passed 4 to 1. D. RESOLUTION NO. 19-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH ACCEPTING HAZARD MITIGATION GRANT PROGRAM CONTRACT #140050 FOR THE WIND RETROFIT PROJECT. Mayor Glasser read the Resolution by Title, then called DCM Hogencamp to address the Commission. Mr. Hogencamp explained this project is for installation of storm shutters for the police building and for city hall, as detailed in the agenda memo. MOTION: To adopt Resolution No. 19-06 as read. Motion: Candace Kelly Second: Brittany Norris Cindy Anderson For Candace Kelly (Moved By) For Blythe Waters For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed 5 to 0. E. RESOLUTION NO. 19-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA INITIATING THE PROCESS PURSUANT TO SECTION 171.203, FLORIDA STATUTES FOR NEGOTIATING AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH THE CITY OF JACKSONVILLE, FLORIDA; IDENTIFYING AN INCORPORATED AREA OF THE CITY OF JACKSONVILLE TO BE DISCUSSED FOR POSSIBLE ANNEXATION; IDENTIFYING ISSUES FOR NEGOTIATION; PROVIDING DIRECTIONS TO THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by Title, then called DCM Hogencamp to address the Commission. Regular City Commission January 28, 2019 Page 7 of 15 Mr. Hogencamp explained approval of the Resolution is not a decision for annexation nor an endorsement. It is part of the necessary due diligence of identifying the area, establish and discuss issues of negotiation, and determine direction for Commission and Staff. Shane Corbin, Planning & Community Development Director (PCDD) addressed the Commission and provided a slide presentation of the proposed annexed area. Mr. Corbin stated one of the motivations is that the City of Atlantic Beach (COAB) would have more control over the land use and development along Mayport Road. As detailed in the slide presentation, Mr. Corbin reviewed the number of parcels and population that would be added to CAOB, three different tax revenue growth scenarios, and the steps involved toward annexation, if approved. There was a question about the timeline for negotiations. City Attorney (CA) Durden responded they have to be initiated within 60 days and can go on for an undetermined amount of time. There was a question about the risks involved with reopening the Interlocal Service Boundary Agreement (ISBA). CA Durden explained that negotiations will include discussion of all the existing agreements between Atlantic Beach and Jacksonville. (services including police, fire, streets, stormwater, zoning, etc.) There was a question about obtaining an annexation cost study prior to approving this Resolution. After a lengthy discussion it was noted that Staff will respond to direction from the Commission. There was a question about allowing input from citizens about the proposed annexation. CA Durden responded there is an option of placing a Referendum for voting at a regular election, or have a special election, for voting by the citizens in the area or by all of COAB citizens. Commissioner Waters made a motion to adopt Resolution No 19-07 as read, then withdrew her motion. Mayor Glasser called for a recess at 8:51 PM. The meeting reconvened at 9:00 PM. Mayor Glasser stated, after confirming with CA Durden, she can ask for a motion to suspend the rules in order to allow for discussion prior to making a motion on this Resolution. MOTION. • To suspend the rules for the purpose of discussion prior to a motion. Motion: Brittany Norris Second: Cindy Anderson Regular City Commission January 28, 2019 Page 8 of 15 Discussion: Commissioner Waters stated in order to consider the merits of annexation it is necessary to know all the costs involved and she would like that information detailed before moving forward. This is not limited to, but should include services and responsibilities for police, fire, streets, stormwater, zoning, septic -to -sewer, etc. Commissioner Anderson spoke in opposition to annexation mainly because of unknown costs associated with the process. Commissioner Kelly stated that even though this is a bold initiative, we are moving too quickly. She does think it is in our best interest to expand with annexation, but not now. More time is needed for information gathering, cost estimating, and budget analysis. Commissioner Norris stated annexation could help protect our way of life in COAB, specifically with control over land use and development on Mayport Road. Ms. Norris agrees that we are moving too quickly and we need more data before moving forward. Time is needed to educate the citizens before placing a Referendum on the ballot as well. Mayor Glasser stated this discussion has been very helpful. She expressed the importance of being united in order to move forward with this Resolution and stated the results of this discussion reflects that the Commission does not want to move forward now. Mayor Glasser provided information as to how this request for annexation came about and spoke about the history of three other annexations in COAB. She clarified that she initiated this action for annexation and that is was not done by Mayor Curry's office. Discussion continued about postponing annexation, communication with Jacksonville Councilman Diamond, obtaining more data on services and costs projections, increased taxes, annexation creating a thriving business corridor, expanded citizen and tax base, increased economic and political power. MOTION: To table Resolution No. 19-07 until March 25, 2019 to allow staff time to provide more information. Motion: Brittany Norris Second: Blythe Waters Discussion ensued about obtaining costs, growth data, and establishing priorities. CA Durden advised the Commission that the motion to table does not allow for debate. There could be a motion to defer, instead of a motion to table, and that allows for debate. MOTION WITHDRAWN Commissioner Norris withdrew her Motion to Table, and Commissioner Waters withdrew her Second. Regular City Commission January 28, 2019 Page 9of15 MOTION: To defer Resolution No. 19-07 until March 25, 2019. Motion: Brittany Norris Second: Blythe Waters Discussion continued about gathering more information, costs versus aspirations, questioning if this is a productive use of staffs time in the process, and confirming whether or not all the citizens are in favor of annexation. Cindy Anderson Against Candace Kelly (Seconded By) Against Blythe Waters (Moved By) For Brittany Norris For Ellen Glasser Against Motion to defer Resolution No. 19-07 FAILED with a vote of 3 to 2. MOTION: To deny Resolution No. 19-07. Motion: Brittany Norris Second. Blythe Waters Discussion ensued about developing a priority list and communication with the City of Jacksonville and City Councilman Diamond. Blythe Waters (Seconded By) For Cindy Anderson For Candace Kelly For Brittany Norris (Moved By) For Ellen Glasser Against Motion to deny Resolution No. 19-07 PASSED with a vote of 4 to 1. F. RESOLUTION NO. 19-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING RFP 18-01 FOR ENTERPRISE RESOURCE PLANNING SOFTWARE Mayor Glasser read the Resolution Title. DCM Hogencamp stated this software is utilized by several departments - Finance, Human Resources, and Permitting - and will improve efficiency. Russell Caffey, Director of Finance, addressed the Commission. Mr. Caffey provided a synopsis of the RFP process, the selection, and the cost savings moving forward, as detailed in the staff report in the agenda. The new software is replacing Sunguard HTE. Regular City Commission January 28, 2019 Page 10 of 15 MOTION.- To adopt Resolution No. 19-08 with the mandatory Public Records requirements provision. Motion: Blythe Waters Second. Candace Kelly Cindy Anderson For Candace Kelly (Seconded By) For Blythe Waters (Moved By) For Brittany Norris For Ellen Glasser For Motion passed S to 0. G. RESOLUTION NO. 19-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THE CONTRACT FOR FLEET MANAGEMENT AND VEHICLE SERVICES Mayor Glasser read the Resolution Title. DCM Hogencamp reviewed the staff report memo about the current contract with First Vehicle Services which expires January 31, 2019. This Resolution will extend the contract for an additional five years, if approved. This contract is for fleet management and vehicle maintenance services. Discussion ensued about bids for this type of contract and the convenience of having this company working on-site at the City's Public Works Yard. MOTION: To adopt Resolution No. 19-09 with the mandatory Public Records requirement provision. Motion: Candace Kelly Second. Cindy Anderson Cindy Anderson (Seconded By) For Candace Kelly (Moved By) For Blythe Waters For Brittany Norris For Ellen Glasser For Motion passed 5 to 0. Regular City Commission January 28, 2019 Page 11 of 15 9. H. RESOLUTION NO. 19-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH URGING PRESIDENT DONALD J. TRUMP AND ALL MEMBERS OF THE UNITED STATES CONGRESS TO IMMEDIATELY RE -OPEN THE FEDERAL GOVERNMENT; AND FOR OTHER PURPOSES. Mayor Glasser read the Resolution Title. Commissioner Norris explained this was a symbolic attempt to support those affected by the Government Shutdown, which has already been resolved. MOTION. To withdraw Resolution No. 19-11. Motion: Brittany Norris Second: Cindy Anderson Cindy Anderson (Seconded By) For Candace Kelly For Blythe Waters For Brittany Norris (Moved By) For Ellen Glasser For Motion passed 5 to 0. ACTION ON ORDINANCES A. ORDINANCE NO. 5-19-68, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING DIVISION 2 OF ARTICLE V, BOARDS AND COMMISSIONS, OF CHAPTER 2, ADMINISTRATION, OF THE CITY'S CODE OF ORDINANCES, TO DISSOLVE THE CODE ENFORCEMENT BOARD AND ESTABLISH PROVISIONS FOR CODE ENFORCEMENT SPECIAL MAGISTRATE(S); AMENDING DIVISION 3 OF ARTICLE V, BOARDS AND COMMISSIONS, OF CHAPTER 2, ADMINISTRATION, OF THE CITY'S CODE OF ORDINANCES, TO DISSOLVE THE NUISANCE CONTROL BOARD AND DELETE ALL OF SAID DIVISION 3; FURTHER AMENDING SECTIONS 6-121, 7- 27, 13-167 AND 169, 22-74, 23-48 AND 51 AND 24-267 AND 272 OF THE CODE OF ORDINANCES TO DELETE ALL REFERENCES TO A CODE ENFORCEMENT BOARD AND REPLACE WITH SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance Title. Regular City Commission January 28, 2019 Page 12 of 15 Derek Reeves, City Planner, provided a slide presentation of the history of the City's Code Enforcement Board and Special Magistrate, and the overview and changes. Mr. Reeves also explained the removal of the Public Nuisance Control Board is included in the Ordinance. CA Durden addressed the Commission and explained the RFP process for hiring a Special Magistrate and the qualification requirements. It was noted this Special Magistrate will be responsible for hearing cases for Code Enforcement, HRO, Dangerous Dogs, and Puppy Mills. Discussion ensued and there were questions about removing the Public Nuisance Control Board. Chief Cook answered all questions. There was discussion about the effective date of the Special Magistrate (SM) and the last meeting date of the current code enforcement board (CEB). CA Durden suggested as follows: • June 1, 2019 - effective date to dissolve the CEB. • May 15, 2019 - effective date to stop referral of cases to the CEB. • May 15, 2019 - effective date transfer any pending CEB cases to SM. The Commissioners were in agreement with the suggested dates. Discussion ensued expressing appreciation for the code enforcement board members, both past and present, for their participation and contributions to the City of Atlantic Beach. MOTION. To adopt Ordinance No. 5-19-68 with the dates as specified by City Attorney Durden. Motion: Blythe Waters Second. Candace Kelly Roll call vote resulted in all Ayes from the Commission. Motion passed unanimously 5 to 0. 10. MISCELLANEOUS BUSINESS A. Florida Department of Environmental Protection Grant - Florida's Resilient Coastline Program DCM Hogencamp explained the purpose and process for utilizing this grant to analyze threats of sea level rise and resiliency measures. MOTION. To authorize the Mayor to sign the Florida Department of Environmental Protection Grant Agreement No. R1821. Regular City Commission January 28, 2019 Page 13 of 15 9. Motion: Cindy Anderson Second. Blythe Waters Blythe Waters (Seconded By) For Cindy Anderson (Moved By) For Candace Kelly For Brittany Norris For Ellen Glasser For Motion passed 5 to 0. B. Parking Structure DCM Hogencamp referred to Mayor Glasser to address this item. Mayor Glasser reviewed how the project came to the City from developers and the transparent process involved and observed. The developers are no longer interested in doing a parking structure and there is no action is required. C. Discuss process of communicating with boards/committees (Commissioner Norris) Commissioner Norris spoke about having a system in place to notify board/committee members if/when there is planned discussion pertaining to them. Discussion ensued about having a Round Table or a Workshop, separate from the Commission Meetings, to meet and have discussions. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS No comments from City Attorney and City Clerk. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Anderson Stated she appreciated being able to attend a Florida League of Cities event. Commissioner Kelly Spoke about the Board Member Review Committee and training process. Commissioner Norris No comment. Commissioner Waters No comment. Regular City Commission January 28, 2019 Page 14 of 15 Mayor Glasser No comment. 10. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 11:00 PM. Attest: Donna L. Bartle, City Clerk o Ellen Glasser, Mayor Date Approved: L/2 -6/1 y Regular City Commission January 28, 2019 Page 15 of 15