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08-12-19 Minutes Regular Commission MeetingMINUTES Regular City Commission Meeting Monday, August 12, 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) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Records Clerk 1 APPROVAL OF MINUTES 1A. Approve Minutes of the Commission Workshop on July 8, 2019. 1 B. Approve Minutes of the July 15, 2019 Commission Workshop. 1 C. Approve Minutes of the Commission Budget Workshop on July 17, 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 PUBLIC COMMENT Mayor Glasser recognized former Commissioner John Stinson and former Mayor Suzanne Shaughnessy who were in attendance. 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. Suzanne Shaughnessy spoke about language in a Handicap Parking brochure that refers to free parking at the paid parking meters downtown for those with a Handicap Parking Permit. Regular City Commission August 12, 2019 John Stinson spoke about CM Gerrity's pending retirement and praised his performance and contributions to the City of Atlantic Beach. Mr. Stinson also spoke about plastic straws and recent recycling efforts. Ross Weeks spoke in opposition to Ordinance No. 75-19-21, paid parking. Nick Kenyon spoke in opposition to Ordinance No. 75-19-21, paid parking. City Clerk Bartle read the names and comments from citizens who did not wish to speak as follows: Jackson Parrott and Kelsey Hightower, opposed to Ordinance No. 75-19-21, paid parking. Mayor Glasser closed Courtesy of the Floor. 3 CITY MANAGER REPORTS 3A. City Manager's Report CM Gerrity reported the City has received many compliments for the landscaping at the 5 -way Stop, acknowledging the Public Works staff. The North Seminole beach clean-out has been completed and CM Gerrity stated the west side ditches clean-out will be completed next week. 3B. Accept the 90 -Day Calendar (September through November, 2019 Mayor Glasser requested to move Item 3B to after Item 10B. MOTION: To move Item 3B to after Item 10B. Motion: Blythe Waters Second: Brittany Norris Ellen Glasser For Cindy Anderson For Blythe Waters (Moved By) For Candace Kelly For Brittany Norris (Seconded By) For Motion passed S to 0. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Anderson Spoke about back -to -school traffic and safety problems on South Sherry Drive. Regular City Commission August 12, 2019 Commissioner Kelly Spoke about QTIP - quit taking it personally - and misinformation about the Lightning Prediction/Warning system. Ms. Kelly encouraged people to ask questions for any clarification. Spoke about the City's work on re -branding over the past two years and encouraged people to ask questions for any clarification. Commissioner Norris Spoke about continuing to reach out to Atlantic Beach businesses about plastics and recycling. Provided information about how to sign up to receive the City Newsletter, Commission agendas, applying to serve on City boards/committees. Mayor Glasser Spoke about the school traffic congestion on Sherry Drive. Spoke about attending the Beaches Watch meeting and discussion on crime trends throughout the Beaches and overall public safety. Stated she presented a Proclamation (which is attached hereto and made part of this official document as Attachment A) to both Neptune Beach and Jacksonville Beach, thanking the entire Beaches Law Enforcement community for their work in public safety. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 5A. Reconsideration on RFP -19-03 Community Branding and Signage Initiative CM Gerrity reviewed the history of RFP # 19-03 and how it resulted in reconsideration, as detailed in the Staff Report included in the agenda packet. Mr. Gerrity stated staff requests direction from the Commission to 1) proceed with the previous negotiations agreement with Axia, or 2) reconsider one of the other three (3) companies that submitted a proposal, or 3) reject all bid proposals and write a new RFP. Commissioner Norris inquired about the process for advertising for the RFPs. CM Gerrity responded there are several websites used that are recognized by governmental agencies. Regarding the suggested choices, Mayor Glasser asked if 3) could be a motion to reject all bid proposals and if 4) could be a motion to reject all bid proposals and write a new RFP. City Attorney (CA) Durden responded 'Yes' that could be an option. Commissioner Anderson inquired if the City is open to possible litigation should it reject all bid proposals. CA Durden responded there is a provision in the RFP that grants the City sole discretion to reject all bids. Commissioner Kelly spoke about the RFP being non-specific. Mayor Glasser inquired about going forward in a different direction other than an RFP if all bid proposals are rejected. CA Durden responded that would not be appropriate in Regular City Commission August 12, 2019 this action to discuss other options. The discussion can only be about this RFP and these four (4) proposals. MOTION: To reject all four (4) bid proposals. Motion: Brittany Norris Second: Candace Kelly A lengthy discussion ensued about not focusing on tourism, increasing and customizing the wayfinding system, creating appropriate marketing language for citizens, creating a brand for citizens and new residents, maintaining the neighborhoods history, neighborhoods and parks signage and identification, and clarifying that funding is from the Convention/Tourist Development Tax Fund. Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Cindy Anderson For Blythe Waters For Ellen Glasser For Motion passed S to 0. 6 CONSENT AGENDA None. 7 COMMITTEE REPORTS None. 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 19-41 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING THE 38 INCH DIAMETER LIVE OAK TREE AT 1667 PARK TERRACE EAST AS A HERITAGE TREE. Mayor Glasser read the Resolution by title. Planner Brian Broedell addressed the Commission and provided a slide presentation of the Staff Report which is part of the agenda. Mr. Broedell stated this live oak tree is approximately 170 years old as confirmed by the certified arborist report. Heritage tree designation does not prevent removal of said tree but increases the required mitigation in the process. Regular City Commission August 12, 2019 MOTION: To adopt Resolution No. 19-41 as read by title. Motion: Cindy Anderson Second: Brittany Norris The Commission extended their appreciation and gratitude to David and Wendy Harvey for taking the initiative in this process. Cindy Anderson (Moved By) For Brittany Norris (Seconded By) For Candace Kelly For Blythe Waters For Ellen Glasser For Motion passed S to 0. 8B. RESOLUTION NO. 19-42 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE REQUEST TO BE PLACED ON THE NORTH FLORIDA TRANSPORTATION PLANNING ORGANIZATION (TPO) 2020 LIST OF PRIORITY PROJECTS FOR TRANSPORTATION RELATED IMPROVEMENTS TO THE MAYPORT ROAD CORRIDOR; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. Principal Planner Amanda Askew addressed the Commission and provided a slide presentation of the Staff Report which is part of the agenda. Ms. Askew reviewed the background stating this is for Mayport Road, from the overpass to Dutton Island. The goal for adopting the Resolution is to be placed on the TPO 2020 list for potential funding. MOTION: To adopt Resolution No. 19-42 as read by title. Motion: Brittany Norris Second: Blythe Waters The Commission extended their appreciation to the City staff and the City Manager for addressing issues on Mayport Road. Mayor Glasser noted the City has budgeted $200,000 for engineering to ensure the City's partnership with TPO in transforming Mayport Road. Regular City Commission August 12, 2019 Blythe Waters (Seconded By) For Brittany Norris (Moved By) For Cindy Anderson For Candace Kelly For Ellen Glasser For Motion passed 5 to 0. 8C. RESOLUTION NO. 19-43 A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING THE ACCOMPLISHING AND EFFORTS OF COMMISSION, ENVIRONMENTAL STEWARDSHIP COMMITTEE (ESC) AND STAFF IN ATTAINING A LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) SILVER CERTIFICATION. LEED IS THE MOST WIDELY USED GREEN BUILDING RATING SYSTEM IN THE WORLD. AVAILABLE FOR VIRTUALLY ALL BUILDING, COMMUNITY AND HOME PROJECT TYPES, LEED PROVIDES A FRAMEWORK TO CREATE HEALTHY, HIGHLY EFFICIENT AND COST-SAVING GREEN BUILDINGS; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. Planning and Community Development (PCD) Director Shane Corbin addressed the Commission and provided a slide presentation of the Staff Report which is part of the agenda. Mr. Corbin reviewed the background for pursuing LEED certification which was completed by City staff and the ESC LEED subcommittee members. Atlantic Beach received the LEED for Cities silver certification and is the first Florida city certified using the LEED for Cities rating system pilot program. MOTION: To approve Resolution No. 19-43 as read. Motion: Blythe Waters Second: Brittany Norris Cindy Anderson For Candace Kelly For Blythe Waters (Moved By) For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed 5 to 0. Regular City Commission August 12, 2019 8D. RESOLUTION NO. 19-44 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE SIDEWALK REPAIRS 2019 PROJECT. Mayor Glasser read the Resolution by title. CM Gerrity addressed the Commission and reviewed the background, stating this is to repair sidewalks as detailed in the Staff Report included in the agenda packet. ACTION: To adopt Resolution No. 19-44 as read by title. Motion: Cindy Anderson Second: Brittany Norris Cindy Anderson (Moved By) For Candace Kelly For Blythe Waters For Brittany Norris (Seconded By) For Ellen Glasser For Motion passed S to 0. 9 ACTION ON ORDINANCES 9A. ORDINANCE NO. 75-19-21, Public Hearing and Final 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. Mayor Glasser read the Ordinance by title. CM Gerrity addressed the Commission and reviewed that this Ordinance is to allow the City to begin a paid parking program. Mr. Gerrity stated there is one item missing from the Ordinance, although it has been discussed, which is to provide free parking for handicapped spaces and can be added with one sentence. CA Durden stated she proposes inserting language into Sec. 21-44(d) as follows: Persons who hold a valid disabled parking permit and display it properly in a vehicle, may park in the disabled designated parking space for up to four (4) consecutive hours at no cost.' Discussion and comments ensued about handicapped spaces noting the following: Handicapped spaces would not be regulated by the paid parking program. Regular City Commission August 12, 2019 Any space would be for handicapped parking with a valid disabled parking permit property displayed in a vehicle. Discussion continued about the Town Center parking map included in the agenda which resulted with a question of how many parking spaces Neptune Beach has in comparison with the spaces in Atlantic Beach. Also noted, for clarification of misinformation, Neptune Beach residents will pay for parking in the zoned Beaches Town Center area. There is language that addresses free parking for Neptune Beach residents in the Interlocal Agreement, which is not part of this agenda item. Mayor Glasser and CM Gerrity confirmed that Atlantic Beach residents will be afforded a 50% paid parking discount. Atlantic Beach complies with Federal and State regulations by having the required parking spaces for beach renourishment reimbursement. Mayor Glasser opened the Public Hearing. Jackson Parrott inquired about the handicapped parking language. There were no other speakers and Mayor Glasser closed the Public Hearing. MOTION: To accept Ordinance No. 75-19-21 as read and to include suggested language as stated by CA Durden. Motion: Candace Kelly CA Durden clarified the suggested language inserted into Sec. 21-44(d) as follows: Persons who hold the valid disabled parking permit and display it properly in a vehicle may park in any designated parking space at no cost.' There was no second; MOTION FAILED. Motion passed unanimously S to 0. MOTION: To accept Ordinance No. 75-19-21 with the amended language to include 4 -hour limitation. Motion: Blythe Waters Second: Candace Kelly Commissioner Waters stated the Ordinance creates the framework for the City to implement a paid parking system. She reviewed the 10-12 year history surrounding paid parking, issues of neighborhood creep, achieving balance with residents, businesses, and beach access. Paid parking in Beaches Town Center is not a tax but a fee for use. Commissioner Anderson spoke in opposition to starting paid parking in the City and voting without a complete Interlocal Agreement. Referring to the draft document of the Interlocal Regular City Commission August 12, 2019 Agreement on the Neptune Beach City website, Commissioner Anderson stated there is no designation for Atlantic Beach Commission to review and approve the language, only for the City Manager and City Attorney. Commissioner Kelly spoke about the issues with parking creep. The goal with Town Center paid parking is to create parking turnover with time limits, managing enforcement, and the Ordinance being a tool to make parking more convenient and favorable for residents and visitors. Commissioner Norris spoke about the misinformation that has circulated about this Ordinance. This Ordinance will allow the City to approach a paid parking program, codify the processes and procedures, allow the City to address an Interlocal Agreement, and easily referenced by the public. She agrees that paid parking in the Beaches Town Center will increase turnover. Mayor Glasser emphasized this is a pilot program and stated this is a SMART program with license plate recognition. She spoke about Beaches Town Center paid parking, merchants' employee parking, enforcement and management, the Interlocal Agreement, probability of a beach shuttle, and the history surrounding paid parking. Mayor Glasser stated we are partners with Neptune Beach and having paid parking on one side of Town Center and not the other will bring confusion and shows poor governing. Discussion continued about managing parking throughout the City, how the Ordinance ensures control of the process, the City's work on transparency in government, the history of Beaches Town Center, paid parking being a solution, continuance of parking creep, the absence of establishing a joint task force (Atlantic and Neptune Beach) referenced by Resolution, and the circulation of misinformation on social media. Blythe Waters (Moved By) For Candace Kelly (Seconded By) For Ellen Glasser For Cindy Anderson For Brittany Norris For Motion passed 5 to 0. 9B. ORDINANCE NO. 90-19-243, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL (RG) AND COMMERCIAL GENERAL (CG) TO TRADITIONAL MARKETPLACE (TM); PROVIDING FINDINGS OF FACT' REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. Regular City Commission August 12, 2019 PCD Director Corbin addressed the Commission stating this is a request to rezone five 5) parcels. The applicant is proposing a mixed use development including retail, restaurants, mobile food vending, live entertainment, taproom/brewery, and an Air B&B hotel). Mr. Corbin displayed slides, reviewing the history of the Mayport Road Visioning Implementation Plan and explaining the background as detailed in the Staff Report, which is part of the agenda. Bill Corley, the representative for the Klotz Group, addressed the Commission. He reviewed various properties, businesses, and upcoming projects they have along the Mayport Road corridor. Mayor Glasser opened the Public Hearing. There were no speakers and Mayor Glasser closed the Public Hearing. An inquiry was made about the previous Code Enforcement issues with the property. Mr. Corley responded that 100% of the Code Enforcement matters have been closed to the satisfaction of the City. Mr. Corley reviewed the slides showing the proposed development concept and uses. There was a question about the noise decibel limits. Mr. Corbin explained the process used to determine acceptable allowable noise limits. MOTION: To approve Ordinance No. 90-19-243 as read by title. Motion: Brittany Norris Second: Blythe Waters Staff was commended by the Commission for all their work on Mayport Road for redevelopment and improvements. Discussion ensued about amending the zoning map to allow redevelopment that encourages more business interests. The Commission extended their appreciation to Mr. Klotz for his passion and the concept of this project. Blythe Waters (Seconded By) For Brittany Norris (Moved By) For Cindy Anderson For Candace Kelly For Ellen Glasser For Motion passed S to 0. Mayor Glasser called for a recess at 9:01 PM. The meeting reconvened at 9:07 PM. Regular City Commission August 12, 2019 10 MISCELLANEOUS BUSINESS 10A. Discussion/Direction on City Manager Replacement Mayor Glasser expressed gratitude for Mr. Gerrity's exceptional service provided to the City and the Commission. CM Gerrity addressed the Commission and stated there are several internal candidates who are well qualified and he provided his job description as part of the agenda. Mr. Gerrity reviewed the advertising/search process for either or both internal and external candidates. Discussion ensued about the resources available to use for the application and interviewing process. There was consensus to direct staff to advertise the position internally, with a deadline of Monday (8/19) at 9:00 AM to submit an application/resume. There will be a workshop following to review and discuss the next process. 10B. Discussion/Direction on Community Branding and Signage Initiative CM Gerrity suggested incorporating the Wayfinding plan into the Parks Master Plan, for our Planning Staff to work on. He spoke about a firm that has made an offer to help out pro bono. There was discussion about writing another RFP and/or solicitation that would reflect the desire for providing pro bono services and having the Commission review first. There was consensus to further research and bring this item back to the Commission. 3B. Accept the 90 -Day Calendar (September through November, 2019) Discussion ensued to set a time for the upcoming workshop for next Monday, August 19, 2019. There was consensus to schedule the workshop for 6:00 PM. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CC Bartle Stated on September 12 & 18, 2019 the BMRC will be conducting applicant interviews for those on file as of August 31, 2019. There are 11 positions, 5 new applications, 3 current members interested in reappointment. Ms. Bartle spoke about the need for applications and noted they are here in the chambers, on the City website, and in City Hall. CA Durden Congratulated the City for receiving the LEED certification. Congratulated Mayor Glasser for on her certification for completion of the Advanced Institute for Elected Municipal Officials. 12 CLOSING COMMENTS BY THE COMMISSIONERS AND CITY MANAGER Commissioner Norris Spoke about the Pledge of Civility. Mayor Glasser Stated she will be attending the Florida League of Cities Conference this week. Regular City Commission August 12, 2019 Spoke about civility. CM Gerrity Spoke about his experience both as an elected official and an appointed official over the past years. Mr. Gerrity expressed that, in the last two years, he is most proud of the work and progress achieved on Mayport Road - from the Overlay, to the Charrette, the COMP Plan Amendments, and the Resolution No. 19-42 passed tonight. Mr. Gerrity expressed that the Commission should be proud of their decisions, and the Staff as well. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:48 pm. Attest: da 14aJR_L& Donna L. Bartle, City Clerk Ellen Glasser, Mayor Regular City Commission August 12, 2019 411 Attachment A August 12, 2019 Minutes ruciamatiott of tFje Cttp of tt1antic TSeacb in Recognition of The Beaches Law Enforcement Community WHEREAS, despite the risks to their own safety, every day the Beaches Law Enforcement Community representing Jacksonville Beach, Neptune Beach and Atlantic Beach -- serves professionally and honorably as the first line of defense against crime; and WHEREAS, these officers work midnight shifts and hurricanes and homecoming games, and everything in between, all the while conducting themselves in a manner that supports, maintains, and defends the laws of their community and the constitutions of the state of Florida and the United States; and WHEREAS, when law enforcement officers respond to a report of an armed person or make a traffic stop alone late at night, the only thing certain is that afterward, people who were not there will scrutinize their every move and decision; and WHEREAS, those of us who don't wear badges may fret about deadlines at work, but we don't worry that someone will try to kill us. With disturbing frequency, for example, criminals try to avoid apprehension by aiming their cars directly at the arresting officers and stepping on the accelerator; and WHEREAS, the protection of our citizens and the fight against crime is a 24-hour endeavor, exposing the Beaches law enforcement officers and their colleagues nationwide to serious danger and placing their lives in jeopardy; and WHEREAS, when a law enforcement officer loses his or her life, a part of the law enforcement community dies with their fallen colleague, yet the heavy-hearted officers still manage to show up every day and continue to be guardians for the community and citizens they serve. NOW, THEREFORE, BE IT RESOLVED, that I, Ellen Glasser, Mayor of the City of Atlantic Beach, hereby express my deep appreciation for the dedicated service, courage, commitment and contributions of The Beaches Law Enforcement Community, and on behalf of the citizens of Atlantic Beach extend heartfelt gratitude and best wishes for continued success and happiness in the future. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 7th day of August 2119. Ellen Glasser, Mayor