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04-27-20 Adopted Minutes - Reg Commission MeetingMINUTES Regular City Commission Meeting Monday, April 27, 2020 - 6:30 PM via Videoconference 1 INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Waters led the invocation. CALL TO ORDER: Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. Due to extraordinary circumstances, the meeting will be held via videoconference, pursuant to Governor DeSantis' Executive Order Number 20-69 and COAB Emergency Order. ROLL CALL: Present: Also Present: Ellen Glasser, Mayor - Seat 1 Cindy Anderson, Commissioner - Seat 2 (District 1308) Blythe Waters, Commissioner - Seat 3 (District 13 07) Candace Kelly, Commissioner - Seat 4 (District 1306) Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 (District 1312) Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting on January 13, 2020. 1B. Approve minutes of the Regular Commission Meeting on February 10, 2020. 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. Brief Update by Congressman John Rutherford on federal initiatives. Congressman Rutherford addressed the Commissioners and provided detailed information about the following: Regular City Commission April 27, 2020 • CARES Act 1. • CARES Act 2.0. • IT Systems issues and resolutions. • Various grants available for the School Boards • FEMA Disaster Loans update. A brief discussion and question session ensued. Congressman Rutherford answered all questions. 2B. Proclamation congratulating Clarence Hill for being awarded the DAR National Defense Distinguished Citizen Medal Mayor Glasser introduced Linda Brenner of the local DAR Chapter. Linda Brenner and Leslie May of the local DAR Chapter addressed the Commission and provided the history and the process for receiving this award. Ms. Brenner introduced Captain Clarence Hill, a Jacksonville resident, and presented his bio as follows• • US Naval Academy graduate. • Served in the US Navy 24 years, retired in 1996. • Volunteer with American Legion Post #316. • American Legion National Commander. • Provides leadership and service to many veterans projects and programs, and to several local service organizations. Congressman Rutherford congratulated Captain Hill and expressed his appreciation for his service. Mayor Glasser read the Proclamation by title. Captain Hill addressed the Commission and everyone involved for this acknowledgement and award. 2C. Presentation by Langton Consulting, report on grant administration activities Melissa Beaudry with Langton Consulting reported on the status of pending grants, and opportunities for grants. Ms. Beaudry reviewed the Mid -Year Report 2019-2020 and the Monthly Report 4/21/20, as detailed in the agenda packet. Kristin Bennett with Langton Consulting spoke about the Hurricane Michael Disaster Declaration grant applications and provided an update. PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. Mayor Glasser requested IT Senior Systems Engineer Bob Cimon to confirm speakers on the platform who wish to speak. Mr Cimon reported one speaker, Suzanne Barker. Regular City Commission April 27, 2020 Suzanne Barker spoke in favor of the sign ordinance. DCM Hogencamp stated there was one email received and read the comments into the record. Tim Anderson submitted the email (which is attached hereto and made part of this Official Record as ATTACHMENT A). Mayor Glasser closed Courtesy of the Floor. ATTACHMENT A - Written Comments, Regular Commission Meeting, April 27, 2020 3 CITY MANAGER REPORTS 3A. City Manager's Report City Manager Corbin presented department heads to provide reports. Vic Gualillo, Interim Chief of Police, provided a report of the Police Department as follows: • Twice daily meetings with City of Jacksonville Emergency Preparedness Division. • Continue to provide public safety throughout the City and along the beachfront supporting the Lifeguards. • No significant increase to crime in relation to COVID - 19. • PD is fully staffed - no one out in quarantine at this time. Commissioner Anderson inquired about enforcement of people congregating/trespassing on the tennis courts, the basketball courts, and the skate park. She expressed concerns regarding lack of enforcement of trespassing. Chief Gualillo responded. Melissa Burns, Finance Director (FD), provided the Monthly Report and an update on the City's Reserve Fund. FD Burns stated the City currently has 5.79 months operating funds in reserve, exceeding the recommended 2 months. She presented a slide of Operating Expenditures vs. Reserves, which is on page 66 of the agenda packet. It is still too soon to determine revenue loss due to COVID-19. Discussion and questions ensued regarding federal assistance programs, potential impacts from revenue loss, and which funds may be affected. All questions were answered. 3B. Accept the 90 -Day Calendar There was a question about the scheduled Pension Board meeting in May being conducted in the virtual platform. It has yet to be determined. There was CONSENSUS to accept the 90 -Day Calendar noting that it may change. Regular City Commission April 27, 2020 3C. Parking Issues CM Corbin presented slides and reported on the following regarding the paid parking program • • Delay of license plate reader for vehicle purchased by Neptune Beach to perform license plate management. • Working with Neptune Beach for reopening of Town Center and when to appropriately launch the program • New information received a month ago allows the Commission to revisit the ability to offer free parking to Atlantic Beach residents in the Town Center and still charge nonresidents would require an amendment to the Interlocal Agreement. • Parking Ordinance No. 75-18-20 - 'No Parking' signs of various types throughout the City are being addressed. • Presented slides and provided an update regarding 18th Street. He suggested adding additional bike racks at beach accesses and spoke about 18th Street and Citywide ideas/solutions. • Reported on recent parking improvements to Waters Park. Commissioner Waters spoke regarding the need for a holistic approach. She inquired for the record, "Why aren't cars towed for parking in the public right-of-way on Saturiba?" CM Corbin replied, it is not illegal to park in the public right-of-way on Saturiba. Commissioner Kelly not in favor of beach shuttles. Commissioner Norris requested policy for placement of future 'No Parking' signs. Commissioner Anderson not in favoi of the 'No Parking' signs on Saturiba. In favor of Time Limits Parking being attempted and enforced before Paid Parking considered. Mayor Glasser is in favor of hiring a person to regulate parking at 18th Street. There was CONCENSUS by the Commission to hold a Workshop regarding parking solutions. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A. Emergency Orders (Mayor Glasser) Mayor Glasser spoke about the status of State, County, and City emergency orders , progress of businesses reopening, and City services continuing during these orders. Commissioner Norris inquired about rules and safety procedures when the City re- opens its' offices and resumes public meetings. Commissioner Waters spoke about continuing safety procedures when the City resumes public meetings and reopens City offices. Regular City Commission April 27, 2020 Commissioner Anderson spoke about enforcement of City rules and regulations and consequences for illegal activities at the City parks. Commissioner Kelly spoke about turtle nesting season starting on Friday. She suggested citizens contact the Commission directly with questions and/or comments instead of using social media. The Commission is all about Government in the Sunshine and not governed by Facebook. Mayor Glasser suggested utilizing technology for monitoring the City parks, such as a drone. She spoke about preparing rules and procedures for re -opening of City buildings/offices, and public meetings, and acknowledged Commander Mike Key of the Neptune Beach Police Department for a lifesaving rescue. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA 6A. Acknowledge receipt of the Monthly Financial Report for March 2020. MOTION: To accept the Consent Agenda. 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 5 to 0. 7 COMMITTEE REPORTS None. 8 ACTION ON RESOLUTIONS None. 9 ACTION ON ORDINANCES 9A. ORDINANCE NO. 60-20-21, Introduction and First Reading AN ORDINANCE RELATING TO SIGNS; PROVIDING FOR FINDINGS; PROVIDING FOR THE REPEAL OF THE EXISTING ATLANTIC BEACH SIGN CODE CODIFIED AS CHAPTER 17 OF THE ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR THE ADOPTION OF A NEW ATLANTIC BEACH SIGN CODE, ATTACHED HERETO AS EXHIBIT A AND Regular City Commission April 27, 2020 MADE A PART HEREOF, TO REPLACE THE CURRENT CHAPTER 17 OF THE ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR NONCOMMERCIAL SIGNS AND MESSAGES; PROVIDING FOR EXEMPT SIGNS; PROVIDING FOR GENERAL PROVISIONS APPLYING TO ALL PERMITTED SIGNS; PROVIDING FOR SIGNS PERMITTED IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR SIGNS WITHIN SPECIAL PURPOSE AND SPECIAL PLANNED AREA ZONING DISTRICTS; PROVIDING FOR SIGNS WITHIN CONSERVATION ZONING DISTRICTS; PROVIDING FOR SIGNS PLACED ON PUBLIC BUILDINGS AND STRUCTURES WITHIN PUBLIC PARKS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR REMOVAL OF UNSAFE, DAMAGED OR POORLY MAINTAINED, AND ABANDONED SIGNS; PROVIDING FOR PROHIBITED SIGNS AND DEVICES; PROVIDING FOR NONCONFORMING SIGNS; PROVIDING FOR VARIANCES PROVIDING FOR PERMITS REQUIRED; PROVIDING FOR APPLICATIONS; PROVIDING FOR CALCULATION OF PERMITTED SIGN SIZE; PROVIDING FOR FEES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION AND SCRIVENER S ERRORS; PROVIDING FOR APPLICABILITY; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. CPDD Askew reviewed the background, as detailed in the staff report and is part of the agenda, wherein there was a Supreme Court decision made about unconstitutional regulations in a Sign Ordinance, resulting in these proposed changes. CPDD Askew reviewed the proposed changes and explained these are to eliminate content based regulations and replace with content neutral regulations. There was a brief discussion about temporary signs and exemptions from sign permits. CA Durden confirmed this item is addressed in the revised Sec. 17-26(b)(5) of the proposed Ordinance. CM Corbin spoke about holiday decorations, stating he is not in favor of adding holiday decorations to the Ordinance. CA Durden suggested that staff and the Commission should take another look at this item in order to provide specific provisions. There was a lengthy discussion about the definition and duration of temporary signs, Sec. 17-33 (a)(1)d and (b)(1)d, suggestions for amending the duration language, the total number of signs, types and sizes, and concerns about enforcement. Discussion continued on flags, banners and permitting requirements and enforcement. Regular City Commission April 27, 2020 A motion was made by Commissioner Norris, and seconded by Commissioner Anderson, then withdrawn by same. CA Durden suggested starting with clarifying amendments to the Ordinance, ending with a motion to approve the entire Ordinance as amended. MOTION: To delete Sec.17-42(17) as an amendment to Ordinance No. 60-20-21. Motion: Brittany Norris Second: Cindy Anderson Cindy Anderson (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Blythe Waters For Candace Kelly For Motion passed 5 to 0. MOTION: To direct staff to modify the provisions regarding flags in Ordinance 60-20-21, to allow up to three (3) flags, and not to exceed a (combined) maximum of 75 square feet. Motion: Brittany Norris Second: Cindy Anderson A lengthy discussion ensued about clarifying the definitions of flags and banners, allowing more than 75 square feet total, specifying allowable flag sizes, and suggesting staff review and bring back more options. Ellen Glasser Against Cindy Anderson (Seconded By) Against Blythe Waters Against Candace Kelly Against Brittany Norris (Moved By) For Motion failed 1 to 4. MOTION To direct staff to modify the provisions regarding flags in Ordinance No. 60- 20-21 to allow up to 3 flags for a total of 80 square feet, but no flag to be larges than 40 square feet. Motion: Cindy Anderson Second: Candace Kelly Discussion ensued about flag sizes, enforcement, and not confusing flags with content. Regular City Commission April 27, 2020 Cindy Anderson (Moved By) Candace Kelly (Seconded By) Ellen Glasser Blythe Waters Brittany Norris Motion passed 4 to 1. For For For Against For A motion was made by Commissioner Anderson, and seconded by Commissioner Norris, then withdrawn by same. CA Durden suggested using more generic language in the motion. MOTION: To direct staff to provide definitions for banner and flag that make clear the differentiation between the two. Motion: Cindy Anderson Second: Brittany Norris Ellen Glasser Cindy Anderson (Moved By) Blythe Waters Candace Kelly Brittany Norris (Seconded By) Motion passed S to 0. For For For For For MOTION: To direct staff to add provisions regarding banners in residential areas will be limited to one (1) banner per residence, with a maximum of 30 square feet, limited to a duration of 7 days. Motion: Brittany Norris Second: Blythe Waters Ellen Glasser Cindy Anderson Blythe Waters (Seconded By) Candace Kelly Brittany Norris (Moved By) For For For For For Motion passed 5 to 0. MOTION: Motion to limit the number of signs on residential property to six. Motion: Candace Kelly Motion failed due to lack of a second. Regular City Commission April 27, 2020 MOTION: To limit temporary signs to 4, with the provision sign is removed within 7 days after event, does not include banners, and does not include 1 square foot signs. Motion: Cindy Anderson Second: Blythe Waters A lengthy discussion ensued about allowing six (6) signs instead of four (4), provisions for removal time after an event, various sign types, and enforcement. Cindy Anderson (Moved By) For Blythe Waters (Seconded By) For Ellen Glasser For Candace Kelly Against Brittany Norris Against Motion passed 3 to 2. MOTION: To approve Ordinance No. 60-20-21 as amended. Motion: Candace Kelly Second: Blythe Waters Commissioner Kelly commented on the size and length of time spent on this legislation. She commended everyone's efforts to have this Ordinance reflect what we want for our city. It does what we want it to do! Commissioner Norris expressed appreciation for all the conversations and work put into this. Commissioner Waters spoke about this sign update ensuring it is content neutral. Commissioner Anderson stated that this is the first reading so there is still opportunity for amendments. Mayor Glasser stated she welcomes any input between now and the next reading. She extended her appreciation to staff for all their work. Blythe Waters (Seconded By) For Candace Kelly (Moved By) For Ellen Glasser For Cindy Anderson For Brittany Norris Against Motion passed 4 to 1. Regular City Commission April 27, 2020 10 MISCELLANEOUS BUSINESS None. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Norris • Inquired about scheduling a workshop in July or August to discuss finances and any affects by COVID-19. Commissioner Anderson • Spoke about enforcement of bicycling laws. Commissioner Kelly • Spoke about service to the City. • Spoke about being cautious when coming out of quarantine. CM Corbin • Thanked everyone for getting through the Ordinance. • Spoke about the Green Market and Big Local enjoying a lot of success. • Spoke about the possibility of a community garden. Mayor Glasser • Spoke about the Green Market and Big Local and their success and generosity to the community. • Spoke about Earth Day and trees planted outside City Hall. • Thanked everyone for all their work. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 10:12 PM. Attest: Themet f/Stzet- Donna L. Bartle, City Clerk Ellen Glasser, Mayor r1/27/20 Date Approved Regular City Commission April 27, 2020 ATTACHMENT A April 27, 2020 Minutes Bartle, Donna From: Timothy Anderson <tanderson@anderfp.com> Sent: Monday, April 27, 2020 8:19 AM To: Bartle, Donna Subject: Public Comment Donna, Hope you are well. Thanks for coordinating my recent lien request, everything went off without a hitch! I have a public comment I would like read at the appropriate time at each meeting today, April 27th1, 2020: Tim Anderson, 824 Sherry Drive, Atlantic Beach, Florida. With regards to the new sign ordinance and proposed limitations on the flying of the United States Flag, I have been displaying a large flag for Flag days and times of national strife and worry for over a decade. My flag is much larger than allowed in the new sign ordinance being passed in the coming months. I have contacted the City of Atlantic Beach with regards to my concern about flag size and have not received a comment back. A more freedom loving read of Reed would allow for any sized United States flag as there is no "content" being conveyed with the display of our nations flag, rather our flag is a symbol of freedom, liberty, and more simply, where we live. Limitations on the display of our nation's great flag by this commission on one hand while specifically allowing a massive cock rooster on the side of restaurants on the other flies in the face of reason. Section 17-34 should be amended to exempt the flags of Florida and the United States. Please understand, regardless of passage of a new sign ordinance, I will continue to fly my flag on the appropriate days and will spare no expense in defending my right to do so. A declaratory action will be filed in Federal court immediately upon passage of this ordinance in its current form. Thanks Donna, Tim Timothy J. Anderson Managing Director, Chief Economist Anderson Financial Partners, Inc. 212 Ponte Vedra Park Drive, Suite 200 Ponte Vedra, FL 32082 904-280-8995 - Telephone 904-861-5122 - Cell 904-280-8996 - Fax ANDERSON Financial Partners FT 1 1':ltit'I it 1 19.1.1 M1 Top Financial Advisers 2017 ATTACHMENT A April 27, 2020 Minutes Email communication including any information transmitted with it is intended only for the use of the addressee(s) and is confidential. 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