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04-13-20 Regular City Commission - Draft Agenda Packet City of Atlantic Beach Draft Agenda Regular City Commission Meeting via videoconference Monday, April 13, 2020 - 6:30 p.m. INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 1.A. Approve minutes of the Board and Committee Member Training on December 5 - 7 10, 2019. 12-10-19 DRAFT Board and Committee Member Training Minutes 1.B. Approve minutes of the Board and Committee Member Training on December 9 - 10 18, 2019. 12-18-19 DRAFT Board and Committee Member Training Minutes 1.C. Approve minutes of the Commission Workshop on February 10, 2020. 11 - 14 02-10-20 DRAFT Commission Workshop Minutes 1.D. Approve minutes of the Education Forum on February 11, 2020. 15 - 17 02-11-20 DRAFT Education Forum Minutes 1.E. Approve minutes of the Commission Workshop on February 24, 2020. 19 - 20 02-24-20 DRAFT Commission Workshop Minutes 1.F. Approve minutes of the Regular Commission Meeting on February 24, 2020. 21 - 26 02-24-20 DRAFT Regular Commission Meeting Minutes 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Instructions on providing public comments A. 27 - 28 3. CITY MANAGER REPORTS 3.A. Page 1 of 97 Regular City Commission - 13 Apr 2020 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4.A. Proclamation recognizing April as Water Conservation Month (Mayor Glasser) 29 Proclamation - Water Conservation Month April 2020 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Acknowledge receipt of the Monthly Finance Report for February 2020. 31 - 33 Finance Report Feb. 2020 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS RESOLUTION NO. 20-14 8.A. 35 - 36 A RESOLUTION OF THE CITY OF ATLANTIC BEACH ENDORSING AND SUPPORTING EMERGENCY DECLARATIONS PERTAINING TO THE CORONAVIRUS, COVID-19 PANDEMIC, ISSUED BY THE MAYOR OF THE CITY OF JACKSONVILLE AND BY THE MAYOR AND CITY MANAGER OF THE CITY OF ATLANTIC BEACH; ENDORSING AND SUPPORTING THE EMERGENCY ORDERS ISSUED BY THE MAYOR AND CITY MANAGER OF THE CITY OF ATLANTIC BEACH SUSPENDING ALCOHOL SALES AND TIME, PLACE AND RULES OF CONDUCT OF THE COMMISSION AND OTHER BOARDS AND COMMITTEES PERTAINING TO THE PANDEMIC; AUTHORIZING THE MAYOR AND CITY MANAGER OF THE CITY OF ATLANTIC BEACH TO CANCEL EMERGENCY DECLARATIONS AND OTHER EMERGENCY ORDERS PERTAINING TO THE PANDEMIC AS THEY DEEM APPROPRIATE AND NECESSARY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 20-14 9. ACTION ON ORDINANCES ORDINANCE NO. 90-20-245 - Public Hearing and First Reading 9.A. 37 - 83 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TRANSMITTING PROPOSED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN Page 2 of 97 Regular City Commission - 13 Apr 2020 VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR ADOPTION OF SAID AMENDMENTS UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE STATE COORDINATED REVIEW PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (Continuing Public Hearing previously set for Feb. 10, 2020 and March 23, 2020) Link to Notice of Meeting and Instructions for public comments. Ordinance No. 90-20-245 10.MISCELLANEOUS BUSINESS 10.A. Façade Improvement Grant Request - 797 Mayport Road 85 - 97 Grant Request - 797 Mayport Rd 11.CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12.CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13.ADJOURNMENT Please note: This meeting will be live-streamed and videotaped. The video recording will be posted To access it, click on the Meeting Video tab on the home page. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Page 3 of 97 Page 4 of 97 Agenda Item #1.A. 13 Apr 2020 MINUTES Board and Committee Member Training Tuesday, December 10, 2019 - 6:00 PM Commission Chamber ATTENDANCE: Present: Ellen Glasser, Mayor - Seat 1 Candace Kelly, Commissioner - Seat 4 (District 1306) Kevin Hogencamp, Deputy City Manager (DCM) Donna Bartle, City Clerk (CC) Lori Diaz, Deputy City Clerk Paula O'Bannon, CARAC Member Sally Clemens, BMRC Member Jennifer Lagner, CDB Member Bruce Bole, G-PBOT Member Mark Tingen, CDB Member An Oskarsson, CARAC Member CALL TO ORDER Commissioner Kelly opened the meeting at 6:00 p.m. She thanked everyone for coming and explained these presentations are aimed at providing professional development for Atlantic Beach boards/committees: Community Development Board (CDB) Environmental Stewardship Committee (ESC) Cultural Arts and Recreation Advisory Committee (CARAC) Pension Boards (G-PBOT and P-PBOT) Board Member Review Committee (BMRC) TOPICS The following presentations were given. A. Professional Development 2020 Commissioner Kelly spoke about the importance of volunteers to the City and spoke about: Board selection process Member terms, duties and obligations Effective meetings Duties of the Chair She reminded members to notify staff in writing should they resign. She asked all members to make sure they read the legislative documents (resolution, statute, and/or ordinance) related to Miscellaneous Public Meeting December 10, 2019 Page 1 of 3 Page 5 of 97 Agenda Item #1.A. 13 Apr 2020 their particular board/committee. Commissioner Kelly reiterated the importance of basing decisions on City Code and facts. There were questions and discussion regarding ex parte communications. Commissioner Kelly also spoke about: Filing of Form 1 Gift disclosure Memorandum of voting conflict City Staff assignments and Commissioner liaisons Questions and discussion ensued regarding agendas/minutes. All questions were answered. B. Robert's Rules of Order Commissioner Kelly spoke about: Parliamentary Procedures Roles of Members/Chair Conflict of Interest Agendas Motions Ms. O'Bannon provided a pamphlet titled; Mr. Chairman, a Handbook on Parliamentary Procedure, and requested the Clerk's office to make copies for her committee, Cultural Arts and Recreation Advisory Committee (CARAC) and any other Board/Committee that may benefit from it. Commissioner Kelly continued to speak about meeting procedures. C. Ethics DCM Kevin Hogencamp gave an overview that included: Florida Ethics Laws Top 10 Danger Areas Solicitation or acceptance of gifts Financial Disclosure and Voting Conflicts Forms D. Social Media DCM Hogencamp spoke about: Guidelines for Elected Officials and Board Committee Members Using Social Media Making a clear distinction between official accounts, campaign accounts, and personal accounts Knowing when social media is a public record or constitutes a public meeting, and gave examples DCM Hogencamp stated our Guidelines will be provided as a handout at this meeting. He continued to speak about social media guidelines and best practices. E. Sunshine Law and Public Records CC Bartle spoke about: Miscellaneous Public Meeting December 10, 2019 Page 2 of 3 Page 6 of 97 Agenda Item #1.A. 13 Apr 2020 The Three Basic Requirements of the Sunshine Law Scope of the Sunshine Law What constitutes a "meeting" for Sunshine Law purposes, questions and answer session followed Penalties for Violating Sunshine Law. CC Bartle stated she has handouts that contains membership lists, financial disclosure and voting conflict forms, Guide to Sunshine Amendment and Code of Ethics, and Frequently Asked Questions from the Attorney General. Deputy City Clerk Diaz spoke about: The Florida Statutes Definition of a "Public Record" What to do to ensure public records are being properly retained Providing Public Records/Right of Access to Records Questions and discussion ensued regarding public records. All questions were answered. ADJOURNMENT The training ended at 7:43 p.m. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved: ____________________ Miscellaneous Public Meeting December 10, 2019 Page 3 of 3 Page 7 of 97 Page 8 of 97 Agenda Item #1.B. 13 Apr 2020 MINUTES Board and Committee Member Training Wednesday, December 18, 2019 - 6:00 PM Commission Chamber ATTENDANCE: Present: Candace Kelly, Commissioner - Seat 4 (District 1306) Donna Bartle, City Clerk (CC) Lori Diaz, Deputy City Clerk Daniele Giovannucci, Vice Chair, Environmental Stewardship Committee (ESC) William (Bill) Tomson, Chair Tony Pooley, Chair, Environmental Stewardship Committee (ESC) Kirk Hansen, Chair James Moyer, Member CALL TO ORDER Commissioner Kelly opened the meeting at 6:00 p.m. TOPICS The following presentations were given. A. Professional Development 2020 Commissioner Kelly spoke about: Board Selection Process Member terms, duties, and obligations Effective Meetings Duties of the Chair Commissioner Kelly explained City Staff and Commissioner liaisons assigned to each Board and Committee. B. Robert's Rules of Order for Small Boards Commissioner Kelly spoke about: Parliamentary Procedures Roles of Members/Chairs Conflict of Interest Agendas Motions Questions and discussion ensued regarding quorum, agendas, and procedures. Additional training on Robert's Rules was requested by an Environmental Stewardship Committee (ESC) member. Commissioner Kelly stated she would reach out to the staff liaison and suggest a mini Miscellaneous Public Meeting December 18, 2019 Page 1 of 2 Page 9 of 97 Agenda Item #1.B. 13 Apr 2020 training session. CC Bartle suggested that every board and committee acknowledge and discuss Robert's Rules during a meeting. C. Sunshine Law and Public Records CC Bartle spoke about: The Three Basic Requirements of the Sunshine Law Scope of the Sunshine Law What constitutes a "meeting for Sunshine Law purposes, questions and answer session followed Penalties for Violating Sunshine Law Deputy Clerk Diaz spoke about: The Florida Statutes Definition of a "Public Record" What to do to ensure public records are being properly retained Providing Public Records/Right of Access to Records Questions and discussion ensued regarding public records and sunshine laws. All questions were answered. D. Ethics Commissioner Kelly spoke about: Florida Ethics Laws Top 10 Danger Areas Solicitation or acceptance of gifts Financial Disclosure and Voting Conflicts Forms Commissioner Kelly briefly spoke about social media guidelines and best practices. ADJOURNMENT The training ended at 7:16 p.m. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved: ____________________ Miscellaneous Public Meeting December 18, 2019 Page 2 of 2 Page 10 of 97 Agenda Item #1.C. 13 Apr 2020 MINUTES Commission Workshop Meeting Monday, February 10, 2020 - 5:30 PM Commission Chamber 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 (CM) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk CALL TO ORDER Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 5:30 P.M. Commissioner Waters arrived at 5:35 p.m. 1.TOPIC A.Comprehensive Plan Update CM Corbin addressed the Commission and briefly reported on changes made to the Comprehensive Plan. He introduced Planning and Community Development Director (PCDD) Amanda Askew to detail updates and proposed changes to the plan. PCDD Askew explained that the Comprehensive Plan is a guiding, long range instrument for future growth in COAB. The City has taken first steps and presented the plan and changes to the Community Development Board (CDB); the CDB suggested further public input. PCDD Askew presented a slide show that outlined the purposed changes, reasons for the purposed changes and long-range goals. The presentation slides and the staff report are included in the agenda packet; PCDD Askew discussed the following: St. John's Water Management District Supply Plan; comprehensive plan for the water supply Water Supply Facilities Work Plan Capital Improvement Projects Changes approved by the CBD Future Land Use Changes Residential Density Commercial Districts Floor Area and Impervious Surface Ratios Commission Workshop February 10, 2020 Page 11 of 97 Agenda Item #1.C. 13 Apr 2020 Bonus Density for Affordable Housing for the Marsh Oaks Business District Transportation Element Safer Alternative Transportation Options Mayor Glasser requested more information regarding the floor area ratio. PCDD Askew defined the floor area ratio as the gross square footage of the building divided by the gross square footage of the property. She gave examples of how the floor ratio would change by the number of stories a dwelling had and explained that this would encourage redevelopment and high intensity reuse of a property. Kirk Hansen, CDB Chairman, expressed concerns about floor to area ratios, affordable housing, increased density, traffic congestion, and safety issues. He requested additional public input. CM Corbin suggested community workshops as a way to gather additional input from the public. Commissioner Waters questioned the mechanism to prevent large warehouse type buildings and requirements for storm water retention. PCDD Askew explained that the central business district has relaxed setbacks to encourage community engagement. COAB code language could be amended to include architectural features to deter warehouse type buildings. Land development regulations could be written in the comprehensive plan to address architectural relief. Storm water could either be stored above or below ground. Commissioner Norris questioned if the floor to area ratio could be increased as an incentive if the property were to provide additional upgrades. PCDD Askew replied that increased incentives regarding floor to area ratio could be incorporated in the COAB code language and supported as previously stated with architectural relief code language. Discussion ensured regarding: How COAB Code control mechanisms could support increased density and pedestrian safety. Redevelopment of small parcels and mixed use redevelopment and floor to area ratio requirements. Bonus density and percent amount for affordable housing. Proposed time limits for affordable housing incentives based on a specific number of years. Incentives managed through deed restrictions. Family and income level information, included in the agenda packet, based on a family of four. Traffic congestion on Mayport Road resulting from bonus density. Commission Workshop February 10, 2020 Page 12 of 97 Agenda Item #1.C. 13 Apr 2020 Mayor Glasser discussed the need for affordable housing stating the Beaches Action Team will host a University of Florida speaker to address the housing needs of the beaches and she invited anyone interested to attend. She suggested inviting a speaker to educate the Commission on housing related needs at the beach. Commissioner Norris echoed support for inviting a speaker to address the Commission highlighting the housing needs at the beaches. She offered supporting data from the Cathedral Arts Project, Local Initiatives Support Corporation (LISC) and Beaches Action Team to CM Corbin regarding the need for affordable housing at the beach. Commissioner Waters attested to how COAB businesses are affected by the lack of affordable housing for staff. Kirk Hansen expressed concern for an increasing percentage ratio of affordable housing in regards to increased congestion. Discussion ensued stating that the area for Affordable Bonus Density is currently limited to the area on the map presentation displayed by PCDD Askew and attached in the agenda. The percentage of units set aside for very low, low, and moderate income is still under consideration. CM Corbin proposed a time frame of six weeks for open dialogue and reflection on best practices regarding proposed changes. 2.PUBLIC COMMENT Rich Trendel, Atlantic Beach resident and real estate developer, addressed the Commission and gave his perspective regarding bonus density affordable housing. He stated it was a financial challenge to offer comparable housing at an affordable rate on Mayport Road. He stated that in order to lower the financial risk to developers there would have to be an increase in the number of units. He offered knowledge recounting that other cities similar in size to Jacksonville incorporate a number of smaller studio options at the affordable rate. He stated that parking requirements and restrictions could deter developers. CM Corbin invited Mr. Trendel to work with the City regarding affordable housing incentives. Mr. Trendel accepted CM Corbin's offer. ADJOURNMENT Mayor Glasser adjourned the meeting at 6:28 P.M. Attest: Donna L. Bartle, City ClerkEllen Glasser, Mayor Commission Workshop February 10, 2020 Page 13 of 97 Agenda Item #1.C. 13 Apr 2020 Dated Approved ______________________________ Commission Workshop February 10, 2020 Page 14 of 97 Agenda Item #1.D. 13 Apr 2020 MINUTES Education Forum Tuesday, February 11, 2020 - 6:00 PM Commission Chamber Present: Ellen Glasser, Mayor Seat 1 Cindy Anderson, Commissioner Seat 2 Elizabeth Andersen, Duval County Public School Board Vice Chairman Kim Flower, Records Clerk CALL TO ORDER Mayor Glasser opened the meeting at 6:00 PM. 1 TOPICS Education Forum Presentation and discussion with Duval County Public School (DCPS) Board Vice Chairman Elizabeth Andersen. Duval County Public School Board Vice Chairman Elizabeth Andersen presented A. a PowerPoint which is attached and made part of this Official Record as Attachment A. Education Forum Presentation 2 PUBLIC COMMENT Mayor Glasser opened the discussion for public comment. Nancy Staats inquired how citizens can voice concerns regarding the Sales Tax Referendum and the option to decide whether to convert the office of the Superintendent of Schools to an elected position; Local Bill J-1. Ms. Andersen encouraged citizens to contact District 2 City Councilman Diamond to voice concerns regarding current legislation. Ms. Andersen stated Councilman Diamond has been very supportive with providing assistance on items that do not fall under the jurisdiction of the DCPS Board including signage, sidewalks and lights. Nancy Staats asked Ms. Andersen for her comments regarding lock down and active shooter drills and DCPS policy regarding arming teachers. Ms. Andersen stated legislation for the drills originated from the 2018 Marjory Stoneman Douglas High School Public Safety Act. Schools are now required by law to perform mandatory monthly lock down drills. The School Board continues to work with Chief Edwards and Duval County Public School Police watching legislation that may reduce the number of monthly drills and whether the drills can be announced prior to execution. Ms. Andersen's goal is to reduce trauma while creating a learning experience for students within the confines of the law. DCPS Board elected not to arm teachers and to ensure school safety through Safety Assistants working together with the Jacksonville Sheriff's Office. Bob Rutter inquired if the School Board would address name changes to schools named after Confederate Generals. Miscellaneous Public Meeting February 11, 2020 Page 1 of 3 Page 15 of 97 Agenda Item #1.D. 13 Apr 2020 Ms. Andersen stated that current DCPS Board policy states schools are not to be named after individuals. DCPS policy requires specific procedures for renaming a school. Mayport Middle School recently went through the process and was renamed Mayport Coastal Sciences Middle School. Ms. Andersen stated she could not initiate the renaming process; however, she would support the school community with their school renaming decision. Michael Hoffmann commended Ms. Andersen for doing a great job. He supports teacher/staff pay increases and is in favor of prior notice of code red drills. He voiced concerns about the amount of money going to school vouchers. Ms. Andersen voiced her own concerns regarding the school voucher program including: Expansion of Charter schools diverting money from traditional public schools. Conflicts with equity, accountability measures and standards. Tim Cheney expressed his concern regarding the "temporarily postponed" status of Senate Bill 62 identified on Senate Tracker. Ms. Andersen stated that SB 62 had been postponed due to weather delays and has been rescheduled. Contact Senators Bean and/or Gibson on the Appropriations Committee with concerns. Ms. Andersen was optimistic based on revenue projections that all DCPS projects for school improvements could be accomplished. Tim Miller voiced concerns regarding the lack of visibility of the Sales Tax Referendum and the impact that it could pose with the forward momentum of the bill. Discussion ensued about the role of DCPS acquiring legal counsel in regards to the Sales Tax Referendum. Ms. Andersen is hopeful and stated that Mayor Curry has voiced support for DCPS Board and the Sales Tax Referendum. Tim Cheney stated that J. Allen Axson School PTA was informed all blinds remain closed on all windows and he questioned if this policy was consistent in all DCPS schools. Ms. Andersen stated that safety directives come from Chief Edwards. The blinds remain closed to prevent and/or limit visibility into the classrooms. The goal is to deter access for a perpetrator consequently translating into lives saved. In a school walk-through with a fire official, certain windows were identified as points of access and/or visibility and those windows are to have blinds closed at all times. Mayor Glasser asked for an explanation of DCPS Threat Assessment Teams. DCPS Ms. Taylor replied that Threat Assessment Teams are mandated as a result of the Marjory Stoneman Douglas High School Public Safety Act and implemented in all DCPS school. The goal of the team includes: Teams are comprised of an administrator, a teacher, a law enforcement officer, and a mental health professional or school counselor. Miscellaneous Public Meeting February 11, 2020 Page 2 of 3 Page 16 of 97 Agenda Item #1.D. 13 Apr 2020 Teams are required to meet at least once a month to review and identify resources for students who threaten to harm themselves, others, the school and/or community. Take action when a student threatens to harm himself/herself or others at school level. Contact the Crisis Rapid Response Team when a student threatens to harm himself/herself and refer student for interventions/resources. Contact the School Resource Officer/JSO when a student threatens someone other than himself/herself. Commissioner Anderson requested clarification regarding the protocol of locking the gates on school campuses. Scott Schneider, DCPS Region Superintendent, responded that each school safety needs are addressed individually including the locking of gates and how those safety procedures contribute to traffic congestion. Mayor Glasser informed the group that the Beaches communities/schools work together and share resources to best serve all children. A lengthy discussion ensued about: Increase in the number of students who are car riders contributing to traffic concerns. School safety is a priority. Sidewalk refurbishing between Mayport Elementary and Mayport Middle schools. Mayport Coastal Science Middle School "School Zone for installation Summer 2020. Discussion continued regarding the amount of time spent on safety procedures which must be attended to daily. Safety drills can take up to two hours to document. Any student who brings a gun to campus is not allowed to return to campus for at least a full school year depending on the infraction, by law. Expelled students are offered alternative support both educationally and emotionally. A comprehensive plan is developed regarding how to best support expelled students with a successful transition back to the traditional setting. Mayor Glasser thanked everyone for attending the Educational Forum. ADJOURNMENT Mayor Glasser adjourned the meeting at 7:04 PM. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved: ______________________ Miscellaneous Public Meeting February 11, 2020 Page 3 of 3 Page 17 of 97 Page 18 of 97 Agenda Item #1.E. 13 Apr 2020 MINUTES Commission Workshop Meeting Monday, February 24, 2020 - 5:30 PM Commission Chamber ATTENDANCE: Present:Ellen Glasser, Mayor - Seat 1 Candace Kelly, Commissioner - Seat 4 (District 1306) Brittany Norris, Commissioner - Seat 5 (District 1312) Absent:Cindy Anderson, Commissioner - Seat 2 (District 1308) Blythe Waters, Mayor Pro Tem / Commissioner - Seat 3 (District 1307) Also Present:Brenna Durden, City Attorney (CA) Shane Corbin, City Manager (CM) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk CALL TO ORDER Mayor Glasser called the meeting to order at 5:30 P.M. 1.TOPICS FOR DISCUSSION A.Sign Code Update CM Corbin addressed the Commission regarding the changes to the COAB sign code as a result of a Supreme Court ruling in 2015. CM Corbin introduced the Planning and Community Director Amanda Askew who gave a slide presentation, included in the agenda packet, and discussed the following: Historic background regarding sign code regulations. Proposed changes to COAB sign and flag code regulation, and Number of sign comparisons to nearby communities. Ms. Askew emphasized that sign regulations must be updated to allow for freedom of speech and must remain content neutral. Purposed changes to the sign code are open for discussion from both the commission and the public. Sign code regulations would pertain to those signs visible from the street. Discussion and questions ensued regarding: Regulation of the size, number, content, location and duration of signs. Requirements for multi-unit dwellings. Household signs. Public art. Flag regulations. Commission Workshop February 24, 2020 Page 19 of 97 Agenda Item #1.E. 13 Apr 2020 There was CONSENSUS for staff to proceed by lowering the number of proposed signs per property and clarification regarding small signs. CA Durden spoke about the importance of incorporating the "whereas clause" into the new sign code. Sign code law experts state that the use of the "whereas clause”, demonstrates the City's intent to remain content neutral and comply with federal law. State statue regulates and defines obscene content and would supersede local City code. 2.PUBLIC COMMENT None. ADJOURNMENT Mayor Glasser adjourned the meeting at 6:16 P.M. Attest: Donna L. Bartle, City ClerkEllen Glasser, Mayor Date Approved ________________________________ Commission Workshop February 24, 2020 Page 20 of 97 Agenda Item #1.F. 13 Apr 2020 MINUTES Regular City Commission Meeting Monday, February 24, 2020 - 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 Candace Kelly, Commissioner - Seat 4 (District 1306) Brittany Norris, Commissioner - Seat 5 (District 1312) Absent:Cindy Anderson, Commissioner - Seat 2 (District 1308) Blythe Waters, Mayor Pro Tem / Commissioner - Seat 3 (District 1307) Also Present: Brenna Durden, City Attorney (CA) Shane Corbin, City Manager (CM) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk Mayor Glasser announced agenda Item 10A. Public Hearing - Request for a waiver, has been deferred until March 23, 2020, as requested by the applicant. Anyone wishing to speak may do so today during Public Comment, when the Public Hearing opens toward the end of today’s meeting, or at the March 23rd meeting. 1APPROVAL OF MINUTES 1A.Approve minutes of the Commission Workshop on November 18, 2019. 1B.Approve minutes of the Regular Commission Meeting on November 25, 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. Regular City Commission February 24, 2020 Page 21 of 97 Agenda Item #1.F. 13 Apr 2020 2COURTESY 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. Scott Fosko spoke regarding item 10A. and expressed concerns that the existing lot is already a non-conforming lot, and approving the waiver would create two non-conforming lots. He stated his biggest concern is the precedent that would be set should the City start subdividing properties with non-confirming dimensions. Mayor Glasser closed Courtesy of the Floor. Mayor Glasser advised anyone wishing to share their concerns to email the Commission at www.coab.us. 3CITY MANAGER REPORTS 3A. City Manager’s Report CM Corbin reported: Wished happy birthday to Mayor Glasser. Attended first Legislative Action Day in Tallahassee and met with elected officials from throughout the state. Took first class to obtain Redevelopment Administrator Designation. COAB nominated for the U.S. Green Building Council’s Leadership award based on our LEED for Cities designation last year, award ceremony will be held on March 4th. Proposal for a Budget amendment will be forthcoming and will include the cost of the traffic study at the 5-way, and an amendment for the Police Department. Questions and discussion ensued regarding the charge for resident parking at Town Center and tree removal permits. 3B.Accept the 90-Day Calendar (March through May 2020) There was CONSENSES to accept the 90-Day Calendar. 4REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A.Leroy Everett Day Proclamation (Mayor Glasser) Mayor Glasser reported on the event in which SFC Everett was honored with dedication of the “U.S. Army Sergeant First Class Leroy Everett Memorial Parkway" at Dutton Island Preserve. The day included reflections, presentations and a reception. She expressed gratitude for the work of City staff and everyone in the community who contributed to the beautiful event. Regular City Commission February 24, 2020 Page 22 of 97 Agenda Item #1.F. 13 Apr 2020 Mayor Glasser reported that: Weed Wrangle will take place on Saturday morning at Howell Park. Wellfest will also take place on Saturday morning at Johansen Park. Dreams "A Dream Differed" Play took place last week, it was a great production, Mayor Glasser thanked everyone involved. Mayor Glasser commented on paid parking spaces and beach re-nourishment and legislation regarding tree trimming and tree removal. 5UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6CONSENT AGENDA 6A.Acknowledge receipt of the Monthly Finance Report for January 2020. MOTION: To Accept Consent Agenda Motion: Candace Kelly Second: Brittany Norris Candace Kelly (Moved By)For Brittany Norris (Seconded By)For Ellen GlasserFor Motion passed 3 to 0. 7COMMITTEE REPORTS 7A.Environmental Stewardship Committee (ESC) Mayor Glasser stated that the ESC asked to defer this item to a future meeting. The item will be moved to the March 9, 2020 Regular Commission meeting. 8ACTION ON RESOLUTIONS 8A.RESOLUTION NO. 20-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO EXECUTE FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT NUMBER Z1612 AND ANY AMENDMENTS THERETO; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin addressed the Commission in regards to our Federal Emergency Management Agency (FEMA) reimbursements for Hurricane Dorian. Commissioner Kelly recommended the grant funds be deposited into the Police Pension Fund. Mayor Glasser responded she is not sure if that is allowed. Mayor Glasser spoke about the Regular City Commission February 24, 2020 Page 23 of 97 Agenda Item #1.F. 13 Apr 2020 request for reimbursement, and grant agreement which is included in the agenda packet. Finance Director Ms. Burns to further research how the funds may be used. MOTION: To approve Resolution No. 20-12. Motion: Brittany Norris Second: Candace Kelly Ellen GlasserFor Candace Kelly (Seconded By)For Brittany Norris (Moved By)For Motion passed 3 to 0. 9ACTION ON ORDINANCES 9A.ORDINANCE NO. 95-20-118 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, BY AMENDING SECTION 5-4, LITTERING, ADOPTING NEW SECTION TO PROHIBIT THE OUTDOOR RELEASE OF BALLOONS AND SKY LANTERNS; PROVIDING FOR ENFORCEMENT AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. Planning and Community Development Director (PCCD) Amanda Askew addressed the Commission and reported on the background and proposed ordinance as outlined in the staff report in agenda packet. There were questions and discussion regarding educating the public and enforcement by the Police Department. Chief Gualillo addressed the Commission and stated the way the Code is written it is a civil infraction which will result in a fine. MOTION: To approve Ordinance No. 95-20-118 Motion: Brittany Norris Second: Candace Kelly Ellen GlasserFor Candace Kelly (Seconded By)For Brittany Norris (Moved By)For Motion passed 3 to 0. Regular City Commission February 24, 2020 Page 24 of 97 Agenda Item #1.F. 13 Apr 2020 10MISCELLANEOUS BUSINESS 10A.Public Hearing - WAIV 20-0001 Request for a waiver as permitted by Section 24-66 to waive the provision of a minimum 75 foot lot width as required by Section 24-105 to allow the subdivision of an existing nonconforming lot into two lots. The current lot is 72.60’ x 600’ (1 acre) in size. Mayor Glasser opened the Public Hearing, there were no speakers present. The Public Hearing to remain open and continued to March 23, 2020. Mayor Glasser stated for the record, those in attendance earlier in the meeting were informed of the ability to speak during public comment, email the elected officials and/or return on March 23rd. MOTION: To continue the Public Hearing to March 23, 2020. Motion: Brittany Norris Second: Candace Kelly CA Durden addressed the Commission and asked that any emails regarding this item be forwarded to CC Bartle to be included in the public record. This includes past emails on this item. Mayor Glasser requested CC Bartle communicate this to the other Commissioners .CC Bartle to add the emails to the agenda packet of the March 23rd meeting. Ellen GlasserFor Candace Kelly (Seconded By)For Brittany Norris (Moved By)For Motion passed 3 to 0. 11CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Kell y Inquired about the legal fees acquired during the time of non- compliance for 198 Poinsettia Street and if they would be recouped from Wells Fargo. CM Corbin replied that in negotiations to complete the resolution of the case, the City would request the Special Magistrate release the fines. CA Durden spoke about our Code related to City Attorney fees in the matter of 198 Poinsettia Street. Regular City Commission February 24, 2020 Page 25 of 97 Agenda Item #1.F. 13 Apr 2020 Mayor Glasser- Expressed being pleased with the mediation and outcome of the 198 Poinsettia Street situation. 13ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 7:09 p.m. Attest: Donna L. Bartle, City ClerkEllen Glasser, Mayor Date Approved:_____________________ Regular City Commission February 24, 2020 Page 26 of 97 Agenda Item #A. 13 Apr 2020 NOTICE OF REGULAR CITY COMMISSION MEETING BEING HELD VIA VIDEOCONFERENCE Notice is hereby given that the Atlantic Beach City Commission will hold its regular meeting at 6:30 p.m. on Monday, April 13, 2020. Due to these extraordinary times, the City Commission will not be meeting in person; rather, the meeting will be held via videoconference. Pursuant to Governor Executive Order Number 20-69, issued on March 20, government bodies may utilize communications media technology, such as telephonic and video conferencing, as provided in SPursuant to Section 2-403, Code of Ordinances, and to an emergency order executed March 27, 2020 as re-instituted by the Mayor and City Manager, the City Manager has adopted administrative rules that are necessary and appropriate to implement communications media technology, and to set the time, place, rules of conduct and procedure for the April 13 electronic regular City Commission meeting. Public input may be made in advance by email; by placing written comments in the drop box in front of City Hall; or during the meeting via video conference. Instructions are provided at the bottom of this notice. This meeting will be live-streamed and video recorded, as usual. The video recording with closed captioning www.coab.us. To live-stream the meeting or to access the video recording afterward, click on the Meeting Videos tab on the home page. In accordance with the Americans with Disabilities Act, persons needing a special accommodation for this proceeding should contact Donna Bartle, City Clerk, at 247-5809 or at dbartle@coab.us by noon, Friday, April 10, 2020. INSTRUCTIONS FOR VIEWING AND PROVIDING PUBLIC COMMENTS: APRIL 13, 2020 CITY OF ATLANTIC BEACH ELECTRONIC REGULAR COMMISSION MEETING The April 13, 2020 regular City Commission meeting will be a webinar conducted electronically (or with no public in attendance in the City Hall Commission Chamber. Members of the public may provide written comments (1) to be read during the meeting or (2) to be entered into record without being read during the meeting. To do this: 1. Email your comments and/or materials to City Clerk Donna Bartle by noon, April 13, 2020 at dbartle@coab.us, or place them in the Drop Box outside of City Hall, 800 Seminole Road, by noon, April 13, 2. Title your comments: for Courtesy of the Floor - for Courtesy of the Floor, City Commission Meeting, April 13 for Public Hearing on Comp Plan Amendment Public Hearing Comp Plan Amendment- Written Comments/Materials, 3. Provide your name (required), address and email address, and Page 27 of 97 Agenda Item #A. 13 Apr 2020 4. If you desire for your written comments to be read into the record during the meeting, please indicate so and limit them to 300 words. Only written comments of 300 or fewer words will be read into the record during the meeting. All other written comments received by the deadline will be entered into the meeting record and distributed to the City Commission and the appropriate staff before the start of the meeting. Members of the public who opt to comment during the electronic meeting rather than providing written comments before the meeting -- may do so provided they register. To register, click on https://www.coab.us/506/Meeting-Videos. It is requested, but not necessary, that members of the public register by noon, on Monday, April 13, 2020. As always, members of the public may view meeting electronically by visiting https://www.coab.us/506/Meeting-Videos and by clicking on the live feed link. This live feed link will be available on April 13. For additional information or assistance, please contact the following before the meeting: For questions regarding the proposed Comprehensive Plan Text Change (Ordinance No. 90-20-245): Amanda Askew, Planning and Community Development Director, aaskew@coab.us or (904) 247- 5841. For other public comment questions: Donna Bartle, City Clerk, dbartle@coab.us. or (904) 247-5809. For questions on connecting to the electronic meeting: Bob Cimon, IT Senior Systems Engineer, rcimon@coab.us or (904) 518-0783. Page 28 of 97 Agenda Item #4.A. 13 Apr 2020 Proclamation of the City of Atlantic Beach in Recognition of Water Conservation Month WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, Water Management Districts and City of Atlantic Beach are working together to increase awareness about the importance of water conservation; and WHEREAS, the City of Atlantic Beach and the State of Florida has designated April, typically a to educate WHEREAS, the City of Atlantic Beach has always encouraged and supported water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference when it comes to conserving water; and NOW, THEREFORE, I, Ellen Glasser, Mayor of the City of Atlantic Beach, Florida, do hereby proclaim the month of April 2020, as WATER CONSERVATION MONTH in Atlantic Beach and urge all citizens to join me in this important observance. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 13th day of April 2020. __________________________________________ Ellen Glasser, Mayor Page 29 of 97 Page 30 of 97 Agenda Item #6.A. 13 Apr 2020 Page 31 of 97 Agenda Item #6.A. 13 Apr 2020 Page 32 of 97 Agenda Item #6.A. 13 Apr 2020 Page 33 of 97 Page 34 of 97 Agenda Item #8.A. 13 Apr 2020 RESOLUTION NO. 20-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH ENDORSING AND SUPPORTING EMERGENCY DECLARATIONS PERTAINING TO THE CORONAVIRUS, COVID-19 PANDEMIC, ISSUED BY THE MAYOR OF THE CITY OF JACKSONVILLE AND BY THE MAYOR AND CITY MANAGER OF THE CITY OF ATLANTIC BEACH; ENDORSING AND SUPPORTING THE EMERGENCY ORDERS ISSUED BY THE MAYOR AND CITY MANAGER OF THE CITY OF ATLANTIC BEACH SUSPENDING ALCOHOL SALES AND TIME, PLACE AND RULES OF CONDUCT OF THE COMMISSION AND OTHER BOARDS AND COMMITTEES PERTAINING TO THE PANDEMIC; AUTHORIZING THE MAYOR AND CITY MANAGER OF THE CITY OF ATLANTIC BEACH TO CANCEL EMERGENCY DECLARATIONS AND OTHER EMERGENCY ORDERS PERTAINING TO THE PANDEMIC AS THEY DEEM APPROPRIATE AND NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Coronavirus, COVID-19 Pandemic threatens to disrupt normal city activities and services throughout the City of Atlantic Beach; and WHEREAS, the Pandemic has created a disaster emergency, endangering the safety, health, and welfare of the City of Atlantic Beach and Duval County, its citizens, and its visitors; and WHEREAS, as such, the Mayor of Jacksonville, has instituted the statutorily required steps for activation of the City of Jacksonville's Declaration Emergency Proclamation and the State of Preparedness Procedures pertaining to the Pandemic for the consolidated government; and WHEREAS, the Mayor of Atlantic Beach and City Manager of Atlantic Beach, by the authority vested in them under Chapter 2, "Administration", and Article VIII. "Emergency Management", of the Code of Ordinances of the City of Atlantic Beach, issued a Proclamation Declaring a State of Local Emergency due to the Pandemic on March 13, 2020; and WHEREAS, additionally, as authorized by the Cdinances, the Mayor and City Manager of Atlantic Beach have ordered alcohol sales within the city limits be prohibited between the hours of midnight and 8:00 a.m. each day; and have ordered a suspension of time, place and rules of conduct p City Commission, City boards and City committees meetings. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission endorses and supports the emergency declarations issued by the Mayor of the City of Jacksonville and by the Mayor and City Manager of Atlantic Beach and the reinstitution of said declarations as may occur. 01264707-1 Page 35 of 97 Agenda Item #8.A. 13 Apr 2020 SECTION 2. The City Commission also endorses and supports the orders to prohibit certain alcohol sales and to suspend the time, place and rules of conduct for City Commission and other City board and committee meetings, and the reinstitution of said orders as the Mayor and City deem necessary and appropriate. SECTION 3. The City Commission hereby authorizes the Mayor and City Manager of the City of Atlantic Beach to cancel the Proclamation Declaring a State of Local Emergency due to the Pandemic, and terminate the orders to prohibit certain alcohol sales and to suspend time, place and rules of conduct for City Commission, boards and committees meetings, as they deem appropriate and necessary. SECTION 4. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 13th day of April, 2020. Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. 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