Loading...
12-09-19 Regular CommissionMINUTES Regular City Commission Meeting Monday, December 9, 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 (District 1308) Blythe Waters, Mayor Pro Tem / Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Brittany Norris, Commissioner - Seat 5 (District 1312) Also Present: Brenna Durden, City Attorney (CA) Shane Corbin, City Manager Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk Mayor Glasser asked to deviate from the order of the agenda by moving up Item 10A to after Item 3B. MOTION: To move Item 10A to after Item 3B. Motion: Cindy Anderson Second: Candace Kelly Ellen Glasser For Cindy Anderson (Moved By) For Blythe Waters For Candace Kelly (Seconded By) For Brittany Norris For Motion passed 5 to 0. 1 APPROVAL OF MINUTES 1A. Approve minutes of the Commission Workshop on September 16, 2019. Regular City Commission December 9, 2019 1B. Approve minutes of the Regular Commission Meeting on September 23, 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 2A. Recognition of termed -out board members - Kelly Elmore, Brea Paul, and Alan Gleit. Mayor Glasser thanked the members for their service as follows: Brea Paul - Community Development Board, 3 terms Alan Gleit - General Employees' Pension Board, 3 terms Kelly Elmore - Community Development Board, 3 terms Mayor Glasser recognized Gary Mack, an acclaimed local artist. She stated the art piece on display in the Chamber will be presented to our sister city, Atlantic Beach, North Carolina. Mr. Mack gave a brief back story of this painting including the name of the painting, Love with an Open Heart' and thanked the Commission. 2B. FY2018 Audit Report — Ron Whitesides and Kevin Smith of Purvis, Gray & Company CM Corbin stated the audit of the City's Financial Statements for the fiscal year ending September 30, 2018 has been completed. Mr. Corbin stated the representatives from Purvis, Gray & Company will review the report, which is part of the agenda. Mr. Whitesides provided a detailed overview of the report for the fiscal year ending September 30, 2018, reviewed the suggested recommendations, and answered questions. Finance Director Melissa Bums addressed the Commission. She stated she will work on providing a check list to assist the Commission with familiarization with the process and potential inquiries. PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called the speaker to the podium. Paula O'Bannon spoke about the Holiday Artisans' Faire event. She expressed her appreciation to the volunteers on the committee for their work and contributions. Mayor Glasser amended her request to deviate from the order of the agenda and asked if there were any objections to moving Item 10A up to this point, instead of after Item 3B. There were no objections from the Commission. Regular City Commission December 9, 2019 10A. 2020 DONNA Run This item was moved out of sequence and acted on at this time.) CM Corbin reviewed the race events of the DONNA Run as detailed in the staff report which is part of the agenda. The race starts and finishes at Beaches Town Center. Amanda Napolitano and Sarah Ausherman, representatives of the DONNA Foundation and the DONNA Run, addressed the Commission and spoke about the vision of their 501C(3) non-profit organization and its history. Also addressed was the race route planning and community outreach. ABPD LT Ed Peck addressed the Commission regarding Public Safety, the FDOT permit, the race route, and road closures. Discussion and questions ensued about route planning and community outreach. All questions were answered. The Commissioners extended their trust to all the parties involved in the planning and expressed their appreciation and thanks to the DONNA Foundation. 3 CITY MANAGER REPORTS 3A. City Manager's Report CM Corbin distributed copies of the Draft Invitation to Negotiate Special Legislative Counsel/Consultant. This pertains to the potential privatization of JEA, franchise agreement issues, infrastructure, and other related issues. Mr. Corbin reviewed the draft memo and a few typos were noted for correction. CM Corbin stated a final draft will be prepared for Commission review and sent out tomorrow. CM Corbin reported on the following: Beach Litter Basket Program - baskets placed at Ahern, 10th Street, 19th Street. Providing Financial Reports and Building Reports for agenda packets. Wells Fargo Request for Rehearing update on 198 and 196 Poinsettia Street - Special Magistrate reported no new evidence or testimony was provided. Order issued to submit mitigation plan by December 31, 2019 or incur fines; full property compliance ordered by February 3, 2020 or incur additional fines; failure to comply will authorize, but not obligate, the City to take necessary action. CA Durden reported that staff is actively researching what engineering is required in the event the COAB does take the necessary action on this property. CM Report cont'd.) Swearing-in of three new police officers. Atlantic Beach Elementary Lighthouse Tour - 30 students participated in a mock Commission Meeting facilitated by the Mayor. Regular City Commission December 9, 2019 Received Leadership Award in Resiliency from the NE Florida Regional Council. The Artisans' Faire - 150 to 200 people attended. 3B. Accept the 90 -Day Calendar (December 2019 through February 2020) Mayor Glasser asked for suggestions/topics for the next Town Hall meeting, at the Baker Center. Topics suggested for discussion: Single use plastics, recycling Renaming of Mayport Road Any ideas can be submitted to the City Manager's Office. ACTION: There was Consensus to accept the 90 -Day Calendar (December 2019 through February 2020). 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Norris Provided information regarding prior grant assistance for the Septic -to -Sewer conversion and impact fees. Commission Waters Encouraged driving through Oceanwalk Drive to enjoy the Christmas lights and expressed her thanks. Spoke about former COAB Mayor Fletcher and stated she has learned from his family he is in Hospice. She spoke about taking action to honor and recognize his service to our City. She would like to propose dedicating the north end of Dutton Island and naming it Lyman Point'. Mayor Glasser Suggested more research is needed regarding the Septic -to -Sewer conversions, issues, and grants. Spoke about action to recognize former Mayor Fletcher and suggested making this an agenda item, a Resolution, for the next meeting. Spoke about Senate Bill No. 670, restricting smoking in public and state parks. Spoke about the update from CM Corbin on the Poinsettia Street issues. 4A. Meeting Report with School Board Member Elizabeth Andersen (Mayor Glasser) Mayor Glasser reported on her meeting with Ms. Andersen regarding finance and congestion issues at Atlantic Beach Elementary School. Mayor Glasser provided copies of COAB staff reports addressing financial issues and traffic patterns maps that were discussed. Also an invitation was extended to Ms. Andersen to attend and speak at a Town Hall meeting to address other issues; date pending. Regular City Commission December 9, 2019 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA None. 7 COMMITTEE REPORTS None. Mayor Glasser stated that CA Durden advised there will be, a Priority Setting/Visioning Workshop on January 8, 2020. 8 ACTION ON RESOLUTIONS 8A. Resolution No. 19-66 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, STRONGLY ENCOURAGING THE FLORIDA LEGISLATURE TO APPROVE SENATE BILL 182 AND ANY COMPANION HOUSE BILLS RELATING TO REGULATING RECYCLABLE AND POLYSTYRENE MATERIALS BY AMENDING SECTION 403.7033 AND SECTION 500.90, FLORIDA STATUTES, REPEALING THE PREEMPTION OF LOCAL LAWS REGARDING THE USE OR SALE OF SINGLE -USE PLASTIC BAGS AND POLYSTYRENE MATERIALS, AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin explained this Resolution is to encourage the Legislature to repeal their preemption of local governments' regulation of single -use plastic bags and polystyrene materials. The COAB disagrees with the Legislature's assault on Home Rule powers. MOTION: To adopt Resolution No. 19-66. Motion: Brittany Norris Second: Blythe Waters Ellen Glasser For Cindy Anderson For Blythe Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed 5 to 0. Regular City Commission December 9, 2019 Mayor Glasser stated she will forward copies of this Resolution to the Tequesta Florida City Manager, the State Representatives, and the Duval Delegation. CA Durden suggested it be forwarded to the Florida League of Cities (FLOC) as well. 8B. Resolution No. 19-67 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, STRONGLY ENCOURAGING THE FLORIDA LEGISLATURE TO REPEAL ITS PREEMPTION OF LOCAL LAWS REGULATING THE TRIMMING AND REMOVAL OF TREES; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin explained this Resolution is to encourage the Legislature to repeal their preemption of local governments' regulation of implementing their Tree Ordinance. The COAB disagrees with the Legislature's assault on Home Rule powers. CA Durden suggested the COAB encourage other cities to act with a similar Resolution and copy their Representatives, local delegations, and the FLOC. MOTION: To adopt Resolution 19-67 as read. Motion: Candace Kelly Second: Brittany Norris Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Motion passed S to 0. 8C. Resolution No. 19-68 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE MEMBERSHIP PROVISIONS FOR THE CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. Commissioner Kelly explained the need to amend membership provisions of CARAC as detailed in the staff report which is part of the agenda. Regular City Commission December 9, 2019 MOTION: To adopt Resolution No. 19-68 as read. Motion: Brittany Norris Second: Blythe Waters A brief discussion ensued about the importance of the Teen Council Advisor. Ellen Glasser For Cindy Anderson For Blythe Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed 5 to 0. 8D. Resolution No. 19-69 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE COMPUTER AIDED DISPATCH SOFTWARE. Mayor Glasser read the Resolution by title. SGT Chase Jamison addressed the Commission regarding the requested purchase of the Motorola Premier 1 CAD system, as detailed in the staff report which is part of the agenda. MOTION: To adopt Resolution No. 19-69. Motion: Brittany Norris Second: Candace Kelly Brittany Norris (Moved By) For Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Seconded By) For Motion passed 5 to 0. 8E. Resolution No. 19-70 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AMENDING RESOLUTION NO. 19-54 PROVIDING FOR PROGRAM DETAILS RELATED TO THE NORTH BEACHES PILOT PARKING MANAGEMENT PROGRAM; PROVIDING FOR AUTHORIZATION TO DELEGATE IMPLEMENTATION Regular City Commission December 9, 2019 AND ENFORCEMENT OF THE PROGRAM TO THE JOINTLY DESIGNATED DISTRICT PARKING OPERATOR, RTA CONSULTING, INC., AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin reported that this Resolution will streamline the two programs between the two cities, changing the hours of operation in Atlantic Beach, as detailed in the staff report which is part of the agenda. MOTION: To approve Resolution No. 19-70 as read. Motion: Blythe Waters Second: Candace Kelly Commissioner Waters spoke about continuing to work towards a completely seamless program and the impact of the 3 -hour time limit. Commissioner Anderson stated she remains opposed to paid parking. Commissioner Kelly spoke about the 3 -hour time limit, turnover data, and visibility of the kiosks. Commissioner Norris spoke about consistency between the two cities and the importance of enforcement to help this be a successful program. Mayor Glasser spoke about the importance of a seamless program, as much as possible, for both cities, simplifying the use of the kiosks and/or the phone app, merchants/employees adapting, and continuing to work on this to make it successful. Ellen Glasser For Cindy Anderson Against Blythe Waters (Moved By) For Candace Kelly (Seconded By) For Brittany Norris For Motion passed 4 to 1. 8F. Resolution No. 19-71 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH, FLORIDA, TO ADD THE CITY OF ATLANTIC BEACH TO THE LIST OF PARTIES FILING AN AMICUS BRIEF SUPPORTING THE PLAINTIFFS IN THE CASE OF YANES V. 0 C FOOD & BEVERAGE, LLC (CASE NO. 18..CA- 003554-0), WHICH FOUND THAT THE ORANGE COUNTY HUMAN RIGHTS ORDINANCE WAS Regular City Commission December 9, 2019 PREEMPTED BY THE FLORIDA CIVIL RIGHTS ACT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CA Durden reported that she reviewed the Brief, stated it was well written and she reviewed the details of the staff report which is part of the agenda. Similar to several other governments, the COAB has enacted a human rights ordinance (HRO) prohibiting discrimination. The local provisions are more protective and inclusive than Florida State Law set forth in the Florida Civil Rights Act (FCRA). All questions were answered. MOTION: To adopt Resolution No. 19-71 as read. Motion: Brittany Norris Second: Candace Kelly Commissioner Anderson agreed with CA Durden's report about this being a well written Brief. For personal reasons she stated she is not in favor of it. Ellen Glasser For Cindy Anderson Against Blythe Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 4 to 1. 8G. Resolution No. 19-72 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, STRONGLY OPPOSING THE PASSAGE OF HOUSE BILL 653, WHICH WOULD PROHIBIT MUNICIPAL ELECTRIC UTILITIES FROM USING SPECIFIED REVENUES TO FINANCE GENERAL GOVERNMENTAL FUNCTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. CM Corbin reviewed the staff report which explains the opposition to HB 653, that prohibits municipal electric utilities from using specified revenues to finance general governmental functions. Passage of HB 653 would be an affront to Home Rule powers. For example, CM Corbin stated that the franchise fees that JEA pays to the COAB, which would normally go into our General Fund, would be restricted by this bill to use only for utility infrastructure. Discussion ensued questioning the origin of HB 653 and if there was any historical data available. Regular City Commission December 9, 2019 MOTION: To adopt Resolution No. 19-72 as read. Motion: Cindy Anderson Second: Brittany Norris Commissioner Norris spoke about having more history on this and agrees it is an infringement on Home Rule and is in favor of the Resolution. Commissioner Waters spoke about the lack of historical data, and is in favor of the Resolution. Mayor Glasser spoke about the Home Rule issues. Cindy Anderson (Moved By) For Brittany Norris (Seconded By) For Ellen Glasser For Blythe Waters For Candace Kelly For Motion passed 5 to 0. 9 ACTION ON ORDINANCES 9A. ORDINANCE NO. 65-20-40, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALK AND OTHER PUBLIC PLACES, BY AMENDING SECTION 19-1, CONSTRUCTION WITHIN AND/OR USE OF RIGHT-OF-WAY, TO PROHIBIT PERMANENT BASKETBALL GOALS; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. CM Corbin reported this is a result of complaints about basketball goals in the streets/rights-of-way and reviewed the changes to Section 19-1, as detailed in the staff report which is part of the agenda. MOTION: To adopt Ordinance No. 65-20-40 as read. Motion: Candace Kelly Second: Cindy Anderson There was a brief discussion and consensus that this Ordinance addressed all concerns. Cindy Anderson (Seconded By) For Candace Kelly (Moved By) For Ellen Glasser For Regular City Commission December 9, 2019 Blythe Waters For Brittany Norris For Motion passed 5 to 0. 10 MISCELLANEOUS BUSINESS 10A. 2020 DONNA Run This item was moved out of sequence and acted on earlier in the meeting.) 10B. Appointment of a City Commissioner to Chair the Board Member Review Committee (Mayor Glasser) Mayor Glasser stated Commissioner Norris expressed her interest in serving on this committee. Mayor Glasser recommended appointing Commissioner Norris to serve the one-year term beginning January 1, 2020 and ending December 31, 2020. MOTION: To appoint Commissioner Norris to serve as Chair of the Board Member Review Committee for the one-year term beginning January 1, 2020 and ending December 31.2020. Motion: Cindy Anderson Second: Blythe Waters Cindy Anderson (Moved By) For Blythe Waters (Seconded By) For Ellen Glasser For Candace Kelly For Brittany Norris For Motion passed 5 to 0. 10C. Commissioner Liaisons to Boards and Committees (Mayor Glasser) Mayor Glasser explained the purpose of having Commission liaisons for the various boards is to maintain communications. There was a brief discussion about their involvement and each Commissioner decided which board/committee they would be a liaison for as follows: Board Member Review Committee Commissioner Norris Pension Boards (2) Commissioner Kelly CARAC Commissioner Anderson Teen Council Mayor Glasser ESC Commissioner Kelly, Mayor Glasser CDB Commissioner Waters Regular City Commission December 9, 2019 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CC Clerk Bartle Wished everyone Happy Holidays. CA Durden Wished everyone Happy Holidays, Merry Christmas, and Happy New Year. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Norris Wished everyone Happy Holidays, Merry Christmas, and Happy New Year. Commissioner Anderson Wished everyone Happy Holidays. Spoke about the Environmental Stewardship Committee (ESC) having input on anything new going into parks. Commissioner Kelly Stated enjoying the lights at Town Center. Spoke about the Deck the Chairs event. CM Corbin Thanked the Commission for the opportunity to work for them. Wished everyone Happy Holidays, Merry Christmas, and Happy New Year. Mayor Glasser Spoke about the mission of the ESC. Spoke about the Artisans' Faire and thanked volunteer Paula O'Bannon for her dedication. Spoke about correcting discrepancies in her treasurer reports (missing a campaign contribution) while she was campaigning for Mayor and a subsequent complaint filed with the Florida Elections Commission. Mayor Glasser stated that finally, after two years, the complaint has been resolved. Mayor Glasser thanked everyone who was involved. Wished everyone Merry Christmas and Happy New Year. Commissioner Kelly Spoke about Arbor Day on January 17, 2020 and the ESC's plan to plant a tree in each of the COAB districts. Regular City Commission December 9, 2019 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:42 PM. Attest: Donna L. Bartle, City Clerk Date Approved: n lasser, Mayor Regular City Commission December 9, 2019