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07-22-19 Minutes Regular Commission MeetingMINUTES Regular City Commission Meeting Monday, July 22, 2019 - 6:30 PM 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) Phyllis Nadeau, Associate City Clerk/Recording Secretary 1 APPROVAL OF MINUTES 1A. Approve Minutes of the Regular Commission Meeting on July 8, 2019. 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. 2 COURTESY OF FLOOR TO VISITORS Mayor Glasser introduced Senator Aaron Bean and Representative Cord Byrd. CM Gerrity spoke about the $2 million Aquatic Gardens stormwater project, reporting the City secured a HMPG in the amount of $1.5 million towards this project as well as $300,000 in appropriations from the Governor's budget. Senator Bean and Representative Byrd addressed the Commission, spoke about their history with Atlantic Beach and the projects they have worked on, and presented the check for the Aquatic Gardens stormwater project. 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. Regular City Commission July 22, 2019 Steve Piscitelli spoke about adopting a policy on single -use plastics and thanked the City for focusing on this issue. Scott Cairns spoke about 10th Street parking for the residents and asked to exclude 10th Street in the Paid Parking Program. Louise Hunley spoke about the Aquatic Gardens stormwater project and thanked the Commission for their focus on this issue. Lynda Padrte thanked the Commission for their focus on stormwater issues in Aquatic Gardens. Dolly McCormick thanked the Commission for their focus on flood control in Aquatic Gardens. Michael Flanagan spoke about the Paid Parking Program. Mayor Glasser closed Courtesy of the Floor. 3 CITY MANAGER REPORTS 3A. Uniform Crime Report Update Chief Michelle Cook presented the Uniform Crime report, breaking down the percentages of various types of crimes committed during the past year. Chief Cook spoke about focusing on the number of calls for service, response times, and clearance rates, noting that the COAB is in line with the averages across the nation. Chief Cook spoke about the continued support of public safety and the 'Safer Watch' app. Discussion ensued about opioid deaths, suicide, mental health, and homeless issues. 3B. City Manager's Report CM Gerrity reported the City received $547,000 reimbursement from FEMA for Hurricane Irma, leaving a small balanced still owed from Hurricane Michael. CM Gerrity spoke about the media's interest in the new lightning warning system. On the topic of recycling plastics, CM Gerrity stated the 10th Street beach walkover is made from Trex, a recycled composite lumber. CM Gerrity distributed a plat map to the Commissioners, displaying a 1/4 -acre parcel of land owned by COAB, which is outside City limits. There has been interest in the purchase of this parcel and CM Gerrity is requesting an appraisal to put it up for sale. Consensus was given to move forward with this request. Regular City Commission July 22, 2019 CM Gerrity stated the City needs approximately $25,000 for new Christmas lights and ornaments for both Mayport Rd. and Atlantic Blvd. Consensus was given to move forward with this request. On the topic of paid parking, CM Gerrity suggested offering a summer weekend shuttle from City Hall to the beach accesses and/or Town Center. There are approximately 100 spaces not being used on the weekends at City Hall and this could provide for some relief. For example, there could be an agreement to contract with Beach Buggies. 3C. Accept the 90 -Day Calendar (August through October 2019) ACTION: Consensus was given to accept the 90 -Day Calendar. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A. Single -use plastics policy discussion (Mayor Glasser) Mayor Glasser spoke about having a City policy concerning single -use plastics and distributed a copy of the City of Orlando's policy for an example. Commissioner Norris Spoke about City branding and the importance of hiring a service for that purpose. Commissioner Anderson Stated her reasons for voting against the Paid Parking Program. Spoke in support of the suggestion for a beach shuttle service. Commissioner Kelly Spoke about the success of "Shakespeare in the Park". Spoke about environmental initiatives relating to limiting the use of plastics. Mayor Glasser Spoke about the success of "Shakespeare in the Park". Acknowledged the work to replace and repair the water mains and the compliments the City received about the Public Utilities workers and Director Bill Pittman. Spoke about public beach access, reported parking and behavior problems, and all the concerns expressed by the property owners. Regular City Commission July 22, 2019 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 5A. Motion for Reconsideration on RFP 19-03 Community Branding and Signage Initiative (Commissioner Norris) CA Durden explained the parliamentary procedure for a Motion to Reconsider a former action by the Commission, which is specific to COAB in Rule 20, Section 2-19 of the Code. Commissioner Norris stated that at the last meeting there were presentations given for RFP 19-03 and she sensed some hesitancy in that selection process. She also has received citizen emails questioning the process and the amount to be spent. If the motion to reconsider is approved, CA Durden stated that the item will be placed on the next meeting agenda, allowing for notice to the four submitters that the Commission is taking up the matter (RFP -03) again. CM Gerrity confirmed that a contract has not yet been signed. MOTION: To reconsider the action relative to RFP -03. Motion: Brittany Norris Second: Candace Kelly Commissioner Norris stated she is not convinced by the presentations given at the last meeting to adequately capture the story of Atlantic Beach. Ms. Norris stated she would consider rejecting all the previous applicants and is in favor of starting over with the RFP. Commissioner Waters expressed her disappointment that a local agency did not submit a proposal for the branding project. CA Durden provided the key points of how the original RFP requirements were laid out. Commissioner Anderson supports the company that gave a presentation and was selected at the last meeting. Commissioner Kelly has received a lot of emails from citizens expressing opposition to the branding and wayfinding campaign. She would support another approach to branding. Mayor Glasser expressed her disappointment with the presentations that were given. She supports branding and feels it is important to COAB. Regular City Commission July 22, 2019 Cindy Anderson Against Candace Kelly (Seconded By) For Blythe Waters For Brittany Norris (Moved By) For Ellen Glasser For Motion passed 4 to 1. 6 CONSENT AGENDA None 7 COMMITTEE REPORTS 7A. Environmental Stewardship Committee PCDD Corbin introduced Bruce Andrews, Chair of the Environmental Stewardship Committee (ESC). Mr. Andrews gave a slide presentation of the accomplishments to date for 2019: Planted over 100 trees in Donner and Johansen Parks paid for with Tree Mitigation Funds. Working on the Parks Master Plan, meeting with the National Parks Service and the American Society of Landscape Architects. Review of the Tree Ordinance for revisions and providing permit information to the public. COAB received Silver Certification for Leadership in Energy and Environmental Design (LEED) and is the first city in Florida officially certified. Developed a sub -committee, the Outreach Committee, focusing on organizing a quarterly event and utilizing social media to provide information to the public. ESC Recommendations: Include input from the ESC for a plant palette for use in the public beautification projects. Develop an Adaptation Plan to follow-up the Coastal Vulnerability Assessment. Adoption of ban on single -use plastics and Styrofoam products. (Example Ordinances from City of St. Augustine Beach) Develop a 'beach litter basket' program modeled after Palm Beach. Discussion and questions ensued about the suggested recommendations. There was agreement to schedule workshops in order to move forward. 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 19-40 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADDING HOUR (0.5 HOURS) OF PERSONAL TIME OFF (PTO) PER PAY PERIOD Regular City Commission July 22, 2019 FOR ALL EMPLOYEES ELIGIBLE FOR LEAVE; AND PROVIDING AN EFFECTIVE DATE. CM Gerrity reported on the Union's negotiations to increase their PTO accrual by one hour per pay period and he countered with one-half hour. No agreement has been reached as yet. As detailed in the Staff Report memo CM Gerrity explained he is requesting an increase of one-half hour for all employees, not just Union employees. This equates to 13 hours per year, per employee, and there is no impact to the budget. MOTION: To adopt Resolution No. 19-40 as read by title. Motion: Brittany Norris Second: Cindy Anderson Cindy Anderson (Seconded By) For Candace Kelly Against Blythe Waters For Brittany Norris (Moved By) For Ellen Glasser For Motion passed 4 to 1. 9 ACTION ON ORDINANCES 9A. Ordinance No. 75-19-21, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, ARTICLE II- STOPPING, STANDING AND PARKING ON PUBLIC PROPERTY, TO ADD NEW DIVISION 3, CONTROLLED AND METERED PARKING; PROVIDING FOR CONFLICT, FOR SEVERABILITY, AND FOR AN EFFECTIVE DATE. CM Gerrity explained the Ordinance, providing a brief history and pointed out the red- lined sections. Mr. Gerrity addressed Sec. 21-44 (f) of the proposed Ordinance and stated he wishes to delete paragraph (f). He explained that Staff is recommending a 50% discount for paid parking for all registered Atlantic Beach residents. In Sec. 21-44 (d), Mr. Gerrity stated that Staff is recommending the language read 'the rate is $1.00 per half hour for non -citizens, 50 cents per half hour for registered residents'. Regular City Commission July 22, 2019 Discussion ensued regarding the fees being included in the Ordinance. CM Gerrity stated it is in the City Charter that the fees have to be in the Ordinance. In the event of rate modifications CM Gerrity stated he would first provide a rate schedule. There was discussion about the proposed Ordinance not stating the start and end times of paid parking. CM Gerrity stated he will provide a time schedule in the form of a Resolution for the Commission to approve. MOTION: To defer Ordinance No. 75-19-21 until such time agreed upon changes are made and there is receipt of a proposed Interlocal Agreement as part of the Ordinance for a full understanding for a vote. Motion: Cindy Anderson The motion died for lack of a second. Further discussion ensued about the Interlocal Agreement and whether or not the Ordinance can be passed without it. CM Gerrity stated passing this Ordinance now allows the COAB to start the process for paid parking. Mr. Gerrity stated more work is required on the Interlocal Agreement by the attorneys. Discussion continued about why Atlantic Beach is not offering free parking to residents. CM Gerrity explained that all COAB public parking spaces are counted for reimbursement in the beach renourishment program. We can offer a reasonable discount for residents, but not free. CA Durden addressed the Commission about Sec. 21-43 (a), where it states in two separate places 'after review by the City Commission' it should be changed to read 'after review and approval by Resolution by the Commission' in both places. Amanda Askew, Principal Planner, confirmed with the Neptune Beach Interim City Manager that the 33 free spaces on 2nd Street (outside of Town Center) are reserved for only Neptune Beach residents. A lengthy discussion ensued about Neptune Beach and Atlantic Beach both having the same hours of operation for paid parking. It was confirmed this will be done by Resolution. Mayor Glasser spoke about the Town Center agreement with the merchants regarding employee parking. She inquired if those documents could be reviewed to confirm where employees will park and to ensure the employees' safety from and returning to the parking areas. CM Gerrity acknowledged Mayor Glasser's request. Regular City Commission July 22, 2019 MOTION: To adopt Ordinance No. 75-19-21 with amendments to delete Sec. 21-44 (f); update any language 'after review by the City Commission' to 'after review and approval by the Commission by Resolution' in Sec. 21-43 (a); Sec. 21-44 (d) update the language to reflect a 50% discount for register COAB residents. Motion: Brittany Norris Second: Blythe Waters Commissioner Norris wants to move forward with this as a pilot program. Commissioner Waters expressed the need to move forward with Town Center and have a smooth transition. Commissioner Anderson expressed concerns and pointed out several flaws in the Ordinance and warned about getting sued. Commissioner Kelly spoke about the Ordinance being 'generic' and not intended to be a final working plan. Mayor Glasser spoke about how the re -nourishment dollars are tied into the Paid Parking Program. She encouraged communication with Staff about any legal concerns with the Ordinance language and thanked Commissioner Anderson for her comments. Mayor Glasser spoke about the bidding process, moving forward, uses for the revenue, and the ability to make adjustments to the Ordinance. Commissioner Norris expressed her appreciation for Commissioner Anderson's comments and making this a better Ordinance going forward. Commissioner Waters stated CA Durden is responsive to any questions and that the concerns expressed by Commissioner Anderson could have been addressed and resolved prior to this meeting. Ms. Waters commented that [Commissioner Anderson] employing 'legaleeze' and trying to derail the Ordinance is political showmanship. Ms. Waters expressed appreciation for the concerns expressed and is certain that CA Durden will address them prior to the second reading of this Ordinance. Commissioner Anderson stated she was offended by Commissioner Waters' term 'political showmanship'. When she made the motion to defer she stated she was not given the opportunity to express her concerns and that no one wanted to hear them. Ms. Anderson acknowledged she does not want this Ordinance, there are problems with it, and the City could do better. She supports Staffs idea to use the City Hall lot on weekends for public parking and providing a shuttle. Mayor Glasser spoke about getting more information about the revenue split - with the contractor and employees, COAB, and Neptune Beach - and the bidding process. Mayor Glasser referred to the motion to defer and spoke about how she runs the meetings and follows parliamentary procedures. She stated she took offense with Commissioner Anderson's comment Regular City Commission July 22, 2019 about not being given the opportunity to express her concerns, not being heard. Mayor Glasser stated she recalls encouraging discussion prior to making the motion to defer. The motion was made and there was no second. Blythe Waters (Seconded By) For Brittany Norris (Moved By) For Cindy Anderson Against Candace Kelly For Ellen Glasser For Motion passed 4 to 1. 10 MISCELLANEOUS BUSINESS None 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Durden reminded staff about providing notice of tonight's action and the next meeting to the four proposers for RFP 19-03. Acknowledged Commissioner Anderson's concerns and comments and stated she will contact her. Congratulations were extended to the ESC and staff for the LEED Certification. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER CM Gerrity Spoke about the proposed Ordinance and stated it is not binding to paid parking but gives the option and the ability to enter into paid parking. Commissioner Waters Apologized to Commissioner Anderson for her comments and stated she did not mean to be offensive. Stated she was pleased about the "Shakespeare in the Park" and the number of participants in the program. Stated she is excited about the LEED certification and going forward. Commissioner Anderson Appreciated and thanked everyone involved in "Shakespeare in the Park". Commissioner Kelly Spoke about resolving the issues with the lifeguard station. Asked CM Gerrity to get a price/bid from Beach Buggies for the shuttle idea. Regular City Commission July 22, 2019 Commissioner Norris Thanked the ESC and Staff and is excited about the LEED certification. Spoke about the ESC interest in single use plastics. Encouraged public comment on single use plastics. Mayor Glasser Spoke about the proposed ban on plastics and hopes of working with Neptune Beach. Thanked Amanda Askew for tackling the parking issue. Stated she values all contributions from the Commissioners. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:18 PM. Attest: i4L `l/ 4 Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved: oluo, // Regular City Commission July 22, 2019