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02-11-19 Minutes Regular Commission MeetingMINUTES r,, r Regular City Commission Meeting Monday, February 11, 2019 - 6:30 PD\4 Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE 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: Joe Gerrity, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) 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 Workshop on January 14, 2019 B. Approve Minutes of the Commission Workshop on January 23, 2019 C. Approve Minutes of the Priority -Setting Meeting on January 9, 2019 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. Mayor Glasser thanked all participating agencies and City departments involved in organizing the Donna Run last weekend. Donna Degan thanked Chief Cook and the City of Atlantic Beach for their participation and assistance with making the Donna Run so successful. Regular City Commission February 11, 2019 Page 1 of 9 Tom Hindle spoke in favor of Item 913, Ordinance No. 90-19-238. Linda Lanier spoke in favor of Item 913, Ordinance No. 90-19-238 . Suzanne Barker spoke in favor of Item 9B, Ordinance No. 90-19-238. Gretchen Deters -Murray gave a brief history on decisions made by past commissioners concerning pervious/impervious surfaces. Julie Lagoy spoke in favor of Item 913, Ordinance No. 90-19-238. Doug Speed spoke against Item 9A, Ordinance No. 5-19-68, and against the purchase of Johnston Island. City Clerk Bartle read the name and comments from citizens who did not wish to speak as follows: • Mary Emerson -Smith is in favor of Item 9B. • Charles Murray is in favor of Item 9B. Judy Workman spoke against Item 9A, Ordinance No. 5-19-68. Courtesy of the Floor closed. 3. CITY MANAGER REPORTS A. City Manager's Report. CM Gerrity thanked everyone involved in making the Donna Run successful. Mr. Gerrity stated there will be a workshop on February 25, 2019 at 5:30 PM. The plan is for our financial advisors to provide a presentation. At this time it is tentative pending the commitment from the advisors. Mr. Gerrity stated there is a tentative workshop scheduled on February 20, 2019 at 6:00 PM. The topic will be on trees, rights-of-way, and recording of liens. B. Accept the 90 -Day Calendar (February through April 2019) Consensus was given to accept the 90 -day calendar. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Anderson - no comments. Regular City Commission February 11, 2019 Page 2 of 9 Commissioner Kelly - stated the Board Member Review Committee has scheduled professional development training on February 27, 2019 at (TIME??). This will be for all current and new board/committee members. Commissioner Norris - no comments. Commissioner Waters - no comments. Mayor Glasser announced the Youth Council's Beach Cleanup campaign is scheduled for February 23, 2019 starting at 9:00 AM. Ms. Glasser stated there will be a performance called "Still I Rise" on February 22, 2019 at the Vineyard Church. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA A. Acknowledge receipt of the Monthly Financial Report for December 2018 MOTION. • To pull this item for discussion. Motion: Candace Kelly Second. Blythe Waters Commissioner Kelly inquired about the Tree Replacement fund. The ESC was given authorization to purchase trees and Ms. Kelly requested a status report. PCDD Corbin responded that from the approximately 5 bids received a vendor has now been chosen. Mr. Corbin and the ESC Chair, Bruce Andrews, have reviewed plans for the proposed locations and a substantial order for the plantings will be placed this week. Mr. Corbin stated the cost will be around $20,000.00 Cindy Anderson For Candace Kelly (Moved By) For Blythe Waters (Seconded By) For Brittany Norris For Ellen Glasser For Motion passed 5 to 0. MOTION. To approve the Consent Agenda, Item 6A. Motion: Candace Kelly Second. Cindy Anderson Regular City Commission February 11, 2019 Page 3 of 9 Cindy Anderson (Seconded By) For Candace Kelly (Moved By) For Blythe Waters For Brittany Norris For Ellen Glasser For Motion passed S to 0. 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS None. 9. ACTION ON ORDINANCES A. ORDINANCE NO. 5-19-68, Public Hearing and Final 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 by Title. Derek Reeves gave a PowerPoint presentation on the changes to Ordinance No. 5-19-68, as detailed in the agenda memo, to replace the Code Enforcement Board (CEB) with a Special Magistrate. Mr. Reeves advised the Public Nuisance Control Board (PNCB) will also be removed and discontinued. CM Gerrity explained the process of the RFP and the timetable for reviewing, interviewing, and appointing the Special Magistrate. Dates have been left blank in the Ordinance and Mr. Gerrity provided that the CEB will be dissolved effective March 13, 2019, there will be no case referrals after February 11, 2019, and all pending cases as of March 13, 2019 will transfer to the Special Magistrate. Mayor Glasser opened the Public Hearing. There were no public speakers and the Public Hearing was closed. Regular City Commission February 11, 2019 Page 4 of 9 There was a question about the residency requirement and Mr. Gerrity stated the Special Magistrate will not be an Atlantic Beach resident. MOTION. To approve Ordinance No. 5-19-68 as read with amendments to include the dates March 13, 2019, Feb 11, 2019, and March 13, 2019. Motion: Blythe Waters Second: Brittany Norris Commissioner Kelly spoke about the differences between a CEB and a Special Magistrate. She stated the end goal is the same - to achieve compliance to the City codes, which is the responsibility of the City. Commissioner Norris spoke about the benefits of a Special Magistrate and the City's responsibility to the residents for code compliance. Ms. Norris expressed her appreciation to all the Boards/Committees for giving their time and service to the City. Commissioner Waters spoke about the differences between the CEB and a Special Magistrate, code compliance, and the City's responsibility to the residents. Commissioner Anderson spoke about the need for consistency in the code enforcement process. Mayor Glasser spoke about the history and criteria involved leading up to this Commission's decision to switch from a CEB to a Special Magistrate. Mayor Glasser extended her thanks and appreciation to all the Boards/Committees for giving their time and service to the City. Cindy Anderson For Candace Kelly For Blythe Waters (Moved By) For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed S to 0. B. ORDINANCE NO. 90-19-238, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING VARIOUS PROVISIONS RELATED TO MAXIMUM IMPERVIOUS SURFACE LOT COVERAGE, STORMWATER AND DRAINAGE MANAGEMENT REQUIREMENTS AND APPROVAL PROCEDURES IN CHAPTER 24, LAND DEVELOPMENT REGULATIONS; AMENDING SECTIONS 24-17, DEFINITIONS; 24-64, VARIANCES; 24-66, STORMWATER, DRAINAGE, STORAGE AND TREATMENT REQUIREMENTS; 24-104, RESIDENTIAL SINGLE -FAMILY -LARGE LOT; 24-105, RESIDENTIAL, SINGLE- FAMILY; 24-106, RESIDENTIAL, SINGLE-FAMILY; 24-107, RESIDENTIAL, GENERAL, TWO-FAMILY; 24-108, RESIDENTIAL GENERAL, MULTI -FAMILY; Regular City Commission February 11, 2019 Page 5 of 9 24-115, RESIDENTIAL, SELVA MARINA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by Title. CM Gerrity spoke about the history of flooding problems throughout various neighborhoods in Atlantic Beach, building/construction violations, and neighborhood preservation. PCD Director Corbin gave a PowerPoint Presentation on impervious surfaces and stormwater, impervious area drainage impacts, and the Stormwater Master Plan. Mr. Corbin reviewed the regulation amendments as detailed in the agenda memo and proposed Ordinance. Steve Swann, City Engineer, gave a presentation on storage volume calculations, as detailed in the agenda memo and proposed Ordinance. Mayor Glasser opened the Public Hearing. Kelly Elmore spoke in opposition to this Ordinance. Louis Whalfrom spoke in opposition to this Ordinance. Doug Speed spoke in opposition to this Ordinance. Mark Gabrynowicz ??SPELLING?? spoke about following rules for compliance. There were no more speakers and Mayor Glasser closed the Public Hearing. A lengthy discussion ensued about installation of drainage ponds, flooding issues in Sevilla, comparisons with other beach communities, the volume calculations, defining pervious surfaces, building restrictions amendments, drainage dependency on Shermans Creek and Hopkins Creek outfalls, Comprehensive Plan requirements, effects of sea level rise, and enforcement of this Ordinance, if passed. CA Durden summarized changes in language in Section 3. (b) as follows - • Onsite storage, remove to an existing structure • In Volume calculations, C, change predevelopment to undeveloped CA Durden stated that the next agenda packet will include the definition for impervious surface(s) and the performance of a permeable paver. Regular City Commission February 11, 2019 Page 6 of 9 10. MOTION.- Motion to approve Ordinance No. 90-19-238, with amendments, to remove all new language pertaining to the twenty-five per cent pervious paver credit (pg.2), Section 3.(b) Onsite storage (pg.3), remove to an existing structure, in Volume calculations (pg.4), C, change predevelopment to undeveloped. Motion: Brittany Norris Second. Cindy Anderson Commissioner Waters spoke about the Community Development Board's (CDB) decision, lot coverage, and maintenance. Commissioner Anderson spoke about looking at the whole picture and continue working with Jones -Edmunds. Commissioner Kelly spoke about pervious surface ratios, stormwater retention, and working with Jones -Edmunds. Commissioner Norris spoke about the responsibilities of land ownership, the stormwater master plan, and management. Mayor Glasser spoke about citizen input on the changes, stormwater infrastructure, working now for future generations, flooding issues, and the City's obligation to the residents/community. Cindy Anderson (Seconded By) For Candace Kelly Against Blythe Waters For Brittany Norris (Moved By) For Ellen Glasser For 4to1. After the vote Mayor Glasser called for a recess. The meeting reconvened at 9:31 PM. MISCELLANEOUS BUSINESS A. Appointment to the Cultural Arts and Recreation Advisory Committee Commissioner Kelly spoke about the candidates for CARAC. MOTION. To approve the appointment of Lori Piscitelli as an alternate to CARAC effective immediately and with a term ending December 21, 2021. Motion: Blythe Waters Second. Brittany Norris Regular City Commission February 11, 2019 Page 7 of 9 11. 12. Cindy Anderson For Candace Kelly For Blythe Waters (Moved By) For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed S to 0. B. Single -use plastics in Atlantic Beach (Commissioner Norris) Commissioner Norris gave a PowerPoint presentation on Single Use Plastics. Consensus was to have a workshop and/or Town Hall meeting and to include the City of Neptune Beach, if they are interested. C. Length of mayoral terms (Commissioner Norris) Commissioner Norris stated research shows the most common length of a Mayoral term is four years. Ms. Norris presented advantages and disadvantages of four and two year terms. After discussion there was consensus to place on the ballot. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS City Clerk Bartle - No comments. CA Durden welcomed Steve Swann, City Engineer, to the City of Atlantic Beach. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER CM Gerrity - No comments. Commissioner Kelly - No comments. Commissioner Norris - Thanked the Commission for hearing her presentations. Commissioner Waters - Thanked Commissioner Norris her presentations. Ms. Waters extended her thanks and appreciation on the success of the Donna Run. Commissioner Anderson - As liaison for PPSARC, she has been asked to lead them in seeking a one year extension of their sunset date February 28, 2019. Ms. Anderson stated the PPSARC plans to approach the Commission about this request. A lengthy discussion ensued. Mayor Glasser spoke about the Donna Run and its' success and extended her thanks and appreciation to everyone involved. Regular City Commission February 11, 2019 Page 8 of 9 13. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 10:34 PM. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor DATE APPROVED: 2125`1-7 Regular City Commission February 11, 2019 Page 9 of 9