Item 1A- 7-24-17 Draft Minutes CCMCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
JULY 24,2017-6:30 PM
MINUTES
IN ATTENDANCE:
Mayor Mitchell E. Reeves
Mayor Pro Tern Jolm Stinson
Commissioner Mitchell R. Harding
Commissioner Jimmy Hill
Commissioner M. Blythe Waters
Invocation and pledge to the flag
City Attorney Brenna Durden
Interim City Manager Kevin Hogencamp
City Clerk Donna L. Bartle
Recording Secretary Nancy Pyatte
Mayor Pro Tern Jolm Stinson gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Call to order
Mayor Reeves called the meeting to order at 6:33P.M. City Clerk Bartle called the roll and Mayor
Reeves noted that a quorum was present.
1. Approval of minutes
A. Approve minutes ofthe Regular Commission Meeting on June 26, 2017.
B. Approve minutes ofthe Joint Workshop ofthe Community Development Board and the City
Commission on May 24, 2017.
C. Approve minutes of the Joint Workshop ofthe Atlantic Beach City Commission and
Beautification Natural Resource Preservation Advisory Committee held on June 14, 2017.
D. Approve minutes of the Joint Workshop of the Atlantic Beach City Commission and
Beautification Natural Resource Preservation Advisory Committee held on June 16, 2017.
Mayor Reeves asked if there were any conections to the above minutes. There were no conections, so
Mayor Reeves stated the minutes stand as submitted.
2. Courtesy of the Floor
Mayor Reeves explained the process for the public comments and opened the Courtesy of the Floor to
visitors. City Clerk Bartle called each speaker to the podium.
Travis Stratmann, President of the Atlantic Beach Athletic Associaton (ABAA), 12225 High
Laurel Dr., Jacksonville, and Larry Rollings, Vice President of the ABAA, addressed the
Commission. Mr. Stratmann and Mr. Rollings represent the ABAA 12 & Under Suns baseball team
going to the World Series in Branson, MO. They introduced the coaches and team members present at
the meeting. They said the kids have won the State Championship 4 years in a row and they are now
heading to the World Series in Branson, MO. Mr. Stratmann stated they are asking for the City's
assistance, if at all possible, to help with contributions to offset travel expenses for the team. The total
expense is $46,000 and they still need $38,000 to complete the funding.
Mayor Reeves congratulated the team and wished them luck at the playoffs. Mayor Reeves stated he
will tum the request over to Interim City Manager (ICM) Hogencamp to research the possibility to assist
with the funding. Mayor Reeves announced there will be a fund raising event at Angie's Subs, $20 per
person, on July 28,2017, 5:00PM-9:00PM.
If anyone in the audience wishes to donate, checks can be made payable to ABAA 12 U Suns World
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Series. Contact information for ABAA 12U Suns World Series was provided by Mr. Rollings, phone#
759-4600, or laiTy.rollings @ gmail.com. There is a link to the Go Fund Me account on the ABAA
website. The World Series event is from August 2 -11, 2017. The funds are needed by the end of this
week.
ICM Hogencamp stated he will work on a marketing plan for the community to help raise funds for this
team.
Commissioner Harding left the Chamber at 6:41PM, and retumed at 6:43PM.
The Commissioners and the team had their photo taken.
Nancy Whittington, 1861 Beachside Ct., Atlantic Beach, spoke about beach access parking issues and
Resolution No. 17-08 (6B), and the Safe Routes to School Project. Ms. Whittington gave an acronym for
this project-LULU-locally unwanted land use.
Pamela McCrary, 226 1st St., Atlantic Beach, stated she is a 27 year resident of the City and has never
been to the 18th and 19th Streets parking areas until recently and saw the problems. Ms. McCrary said
she realizes the impmiance to be concemed about the whole City, not just your own area.
John Finotti, 391 8th St., Atlantic Beach, stated he is the applicant for Item SA, and wanted the
Commission to know he was in attendance and available for questions.
Brittany Norris, 1183 Violet St., Atlantic Beach, spoke about the Mayport Corridor Association, and
expressed concem about the lack of residents involved. There is more than just business issues and Ms.
Norris suggested forming a committee. She said a lot needs to be done on that side of town, for both
business and residential areas.
Don Ford, 338 6th St., Atlantic Beach, spoke about all the changes made to the Committee's work and
Ordinance No. 5-17-64. The changes/language that he expressed concem about were on page 3, (2) d,
reference to deed restrictions, page 4, (3) Appointments of members, and deletion of business owners
from membership, and page 7-8, (2) e, the $500.00 filing fee for an appeal is excessive.
Betsy Cosgrove, 116 Poinsetta St., Atlantic Beach, spoke about Ordinance No. 5-17-64 and the
comments made by Mr. Ford. Ms. Cosgrove addressed parking and Resolution No. 17-08. Ms. Cosgrove
also spoke about the Gate construction project that is underway. She expressed concem about an
Atlantic Beach Facebook page where comments are being made about the Gate project and these
comments are hateful and full of misinformation. Ms. Cosgrove suggested, for future planning, not
allowing businesses to sell alcoholic beverages if they are open 24/7.
Linda Lanier, 1768 Park Terrace W., Atlantic Beach, spoke about Ordinance No. 5-17-64 and
thanked the Commission for the oppmiunity to serve on the Committee that formed the Environmental
Stewardship Committee (ESC). Ms. Lanier stated there is concem about the loss of trees and the tree
canopy, and the impact of redevelopment throughout our community. Having the ESC is a step in the
right direction to safeguard our natural resources and democratic process. Ms. Lanier stated if you care
about trees you cannot oppose this ordinance -it needs to pass tonight.
Mark Tingen, 1198 Sand Piper Ln. E., Atlantic Beach, stated he has learned a lot over the past couple
years and he appreciates being able to communicate with the Commissioners and the employees of the
City of Atlantic Beach. Mr. Tingen spoke about the Police Department and the CPA course and thanked
all the Officers for helping this community.
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John November, 536 South St., Neptune Beach, spoke about Ordinance No. 5-17-64 and the ESC. Mr.
November addressed the appeals process, stating that he thought the appeal process should be brought
before the Commission, not to the Community Development Board.
City Clerk Bartle advised Mayor Reeves the last speaker fmm is submitted for the record only, from
Charles McCrary, 363 Sherry Dr., Atlantic Beach, to show he supports Item 6B, Resolution 17-08. He
did not wish to speak.
Courtesy of the Floor closed.
3. Unfinished Business from Previous Meetings
A. City Manager selection process
Human Resource Director Cathy Berry (HR Director), provided a brief review for the Commission. Ms.
Berry stated originally there were four candidates selected, then the Commission added three more,
bringing the total to seven candidates for interviews. One has been eliminated because the candidate has
accepted employment elsewhere.
Those remaining six candidates have been interviewed via skype and the videos were made available to
the Commission. After viewing, each Commissioner submitted their rankings of the candidates to the
HR Director. Now there are three candidates scheduled for their final one-on-one interview with the
Commission on Friday August 4, 2017. On Thursday August 3, 2017 there will be a Public Meet and
Greet, held at the Adele Grage Cultural Center.
HR Director Berry provided the names of the three final candidates in alphabetical order:
Sarah Campbell
Joseph Gerrity
Ron Rabun
Motion: Bring the three top candidates in for the final interview.
Moved by Hill, Seconded by Harding
Commissioner Waters asked what time the Meet and Greet was scheduled for? HR Director Berry
stated it is scheduled for 6-8 pm.
Commissioner Harding stated he is looking forward to meeting with the three finalists.
Commissioner Stinson thanked Ms. Berry and Mr. Hogencamp and staff for all their hard work and
looks forward to meeting the three candidates.
Mayor Reeves requested that the HR Director post the skyped interviews and the resumes of the three
final candidates on the City's website so that they are available to the public.
HR Director Berry stated she is currently working on a contract now for the new City Manager and she
requested guidance from the Commission regarding the compensation package.
Discussion ensued about the approval of the contract being a joint effort of the Commission, having a
contract to present to these candidates when invited back, pay based on the job that is expected from the
individual selected, and to present the same contract to all three candidates. (A suggestion was made, for
later in the meeting, to suspend the rules and settle on a contract tonight.)
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City Clerk Bartle reminded Mayor Reeves there is a motion on the floor.
Roll Call Votes:
Aye: 5 Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
Discussion continued about the contract. HR Director Beny stated the contract is in template form, one
that has been used, but is not completed. The last City Manager was presented a very generous
compensation package, including a severance package, and HR Director Berry wanted direction from
the Commission if she should proceed in the same manner.
Mayor Reeves stated that in order for the Commission to get into a discussion about this contract, the
rules would have to be suspended to have a discussion.
Motion: Suspend the rules to allow for discussion about the compensation package for the City
Manager.
Commissioner Hill explained his reason for suspending the rules is due to the timeline involved in order
to give Staff direction on this matter.
Moved by Hill, there was no Second
MOTION FAILED
4. 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.
A. Acknowledge receipt of the Monthly Building Depmiment Activity Report and
Recreation and Special Events Repmi for June 2017.
B. Award Bid 1617-10 to J.D. Hinson Company in the amount of $377,429.37, and
authorize the City Manager to execute the contract.
Motion: Approve Consent Agenda Items A and B as written.
Moved by Waters, Seconded by Harding
Votes:
Aye: 5
Nay: 0
MOTION CARRIED unanimously
5. Committee Reports
None.
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6. Action on Resolution
A. RESOLUTION NO. 17-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUNSETTING
AND DISSOLVING THE BEAUTIFICATION AND NATURAL RESOURCE
PRESERVATION ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE
DATE.
ICM Hogencamp requested to defer Item 6A to be addressed after Item 7B.
Motion: To defer Item 6A until after consideration of Item 7B
Moved by Stinson, Seconded by Waters
Votes:
Aye: 5
Nay: 0
MOTION CARRIED unanimously
B. RESOLUTION NO. 17-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CREATING A
PARKING ADVISORY RESOURCE COMMITTEE; PROVIDING FOR PURPOSE,
MEMBERS AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; AND
PROVIDING FOR SUNSET OF COMMITTEE AND AN EFFECTIVE DATE.
Motion: Approve Resolution No. 17-08 with an amendment, instead of 11 members with one City
Commissioner serving on the Committee, amend it to 11 members with one City Commissioner
appointed by the City Manager.
Moved by Waters, there was no Second
MOTION FAILED
Motion: Adopt Resolution No. 17-08 as read by title.
Moved by Stinson, Seconded by Harding
ICM Hogencamp stated this topic was talked about at the recent Town Hall Meeting. There were
questions and concerns about what parking and pedestrian safety issues the Committee would tackle
first. The length of the term for the Committee was also discussed.
Commissioner Stinson wanted to know if Commissioner Waters would explain why she wanted to
amend Resolution No. 17-08.
Commissioner Waters replied that she received this suggestion :from a citizen after the Town Hall
Meeting. Their thinking was that the City Manager has heard about parking issues :from a great number
of citizens :from all the individual communities that make up Atlantic Beach.
Regarding the six month te1m for this Committee, Commissioner Stinson stated there is the possibility
more time would be needed as they get to work on the issues. He said he agrees with the membership
and staff suppmi as written for this Committee. Commissioner Stinson also said that the Commission
member could be reappointed every year, if needed.
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Commissioner Hill agreed that the Commission member should be rotated. He stated he was in favor of
allowing a non-resident to serve on the Committee to provide infmmation only, one with experience
handling these issues in other communities. Commissioner Hill said he would recommend Scott Shine,
who has expressed interest in this matter. He said Mr. Shine would be there for infmmation only, in an
advisory, non-voting position.
Commissioner Waters agreed that a non-resident on the Committee, having experience and a
background in the process, could serve our City in an advisory and informational capacity.
Commissioner Harding spoke about the importance of looking at all parking issues in the City and
establishing priorities to address the most troublesome areas and those areas that incur the most
violations. He said having representation from our Town Center is important because it has already been
identified as challenging. If a non-resident is considered they should have a vested interest in our City
and would serve in an advisory capacity only.
Mayor Reeves said that our City Manager already liaisons with our Town Center members at their
scheduled meetings. Mayor Reeves stated that he did not agree with a non-resident member on the
Committee at this time. Parking is the number one issue, as expressed by our citizens, and Mayor
Reeves stated it (Committee) should be guided by our citizens. The Committee could invite Scott Shine
to attend and share his expertise at their meetings. Mayor Reeves suggested that the eleventh member
could be the position of the Mayor Pro Tern, which changes every year.
Discussion continued about rotation of the Commission member on the Committee, and noting that the
citizenry is represented by highly educated and motivated people who understand the City issues. It was
noted that the meetings are open and non-residents are welcome to attend and speak at all public
meetings. Concern was expressed about the potential for legal battles in the process.
There was discussion about balancing the needs of businesses and residents in Atlantic Beach,
Committee decisions affecting businesses, and the benefit of a non-resident business owner on the
Committee.
Mayor Reeves stated he wanted to give up the Chair in order to offer a motion and requested that Mayor
Pro Tern Stinson take the Chair. Mayor Reeves relinquished Chair to Mayor Pro Tern Stinson.
Mayor Reeves talked about the Town Center (TC) parking issues, saying that he and ICM Hogencamp
have spent many hours meeting with the TC parking committee. He fmiher stated that they (TC) are
fully involved with every decision made and the City staff does a great job.
Mayor Reeves stated that as the Chair he cannot make motions and this was his reason for giving up the
Chair. He wanted to make an addendum to the Resolution.
Amended Motion: To change the language in the title of the Resolution to replace "Parking
Advisory Resource Committee" with "Parking I Pedestrian Safety Advisory Resource Committee;
and to change the language in Section 3 to replace "an elected official" with "Mayor Pro Tern" .
Moved by Reeves, Seconded by Harding
Discussion ensued about the Committee handling both issues -looking at parking issues and pedestrian
safety together, not separately. It was noted that you cannot address parking issues without addressing
safety issues.
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City Attorney Durden made the following recommendations:
• Insert words "and pedestrian safety" after "parking issues" in the second WHEREAS
clause.
• Insert words "AND PEDESTRIAN SAFETY' between "PARKING" and
"ADVISORY" in Section 1.
• Inse1i words "and Pedestrian Safety" between "Parking" and "Advisory" in Section 2,
line 1; inse1i "and pedestrian safety" between "system" and "which" in Section 2, line
4.
• Insert words "and Pedestrian Safety" between "Parking" and "Advisory" in Section 5.
• Insert words "and Pedestrian Safety" between "Parking" and "Advosory" in Section
6.
Mayor Reeves stated, as the one who made the motion, he accepts the City Attorney's recommendations
to the language added to his motion.
After a brief discussion there was a consensus by the Commission to accept the City Attorney's
recommendations.
Motion: Call the question
Moved by Reeves, Seconded by Harding
Roll Call Votes:
Aye: 5 Hill, Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED (to call the question)
Amended Motion
Roll Call Votes:
Aye: 5 Waters, Harding, Hill, Reeves, Stinson
Nay: 0
AMENDED MOTION CARRIED
Motion: Adopt Resolution No. 17-08 as amended
• To change the language in the title of the Resolution to replace "Parking Advisory
Resource Committee" with "Parking I Pedestrian Safety Advisory Resource
Committee".
• To change the language in Section 3 to replace "an elected official" with "Mayor Pro
Tern".
• Inse1i words "and pedestrian safety" after "parking issues" in the second WHEREAS
clause.
• Insert words "AND PEDESTRIAN SAFETY' between "PARKING" and
"ADVISORY" in Section 1.
• Insert words "and Pedestrian Safety" between "Parking" and "Advisory" in Section 2,
line 1; insert "and pedestrian safety" between "system" and "which" in Section 2, line
4.
• Insert words "and Pedestrian Safety" between "Parking" and "Advisory" in Section 5.
• Insert words "and Pedestrian Safety" between "Parking" and "Advosory" in Section
6.
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Roll Call Votes:
Aye: 5 Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED AS AMENDED
Mayor Reeves resumed the Chair after the vote.
Mayor Reeves called for a recess at 8:22 PM and reconvened the meeting at 8:28 PM.
7. Action on Ordinances
A. ORDINANCE NO. 20-17-145, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2016 AND ENDING SEPTEMBER 30, 2017, AND PROVIDING AN EFFECTIVE
DATE.
Finance Director Russell Caffey explained the reasons why the Ordinance was amended since the first
reading.
Mayor Reeves opened the Public Hearing; no one came forward to speak on this item. The Mayor closed
the Public Hearing.
Motion: Approve Ordinance No. 20-17-145 as read, on final reading.
Moved by Stinson, Seconded by Waters
Roll Call Votes:
Aye: 5 Hill, Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 5-17-64, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
CHAPTER 23 OF THE ATLANTIC BEACH CODE OF ORDINANCES; CREATING
AN ENVIRONMENTAL STEWARDSHIP COMMITTEE; PROVIDING FOR
INTENT, PURPOSE, MEMBERSHIP AND SCOPE OF ACTIVITES OF SAID
COMMITTEE; CREATING A TREE SUBCOMMITTEE, PROVIDING FOR
MEMBERSHIP AND PURPOSE; PROVIDING FOR A TREE PERMIT REVIEW AND
APPEAL PROCESS; PROVIDING FOR SIX MONTH REVIEW, CONFLICT,
SEVERABILITY AND AN EFFECTIVE DATE.
ICM Hogencamp stated this Ordinance was approved on its first reading at the last meeting. Staff
recommends approval of Ordinance No. 5-17-64 on final reading.
Mayor Reeves opened the Public Hearing.
Judith Leroux addressed the Commission as the Chair of the Committee. Ms. Leroux stated this is not
just a tree ordinance. She stated this ordinance will provide long-term protection of the environment.
Ms. Leroux spoke about the Chair calling meetings and the clarification of business owners meaning
business propetiy owners. She spoke about the appeal process of a final decision by the Community
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Development Board (CDB) going before the City Commission. Ms. Leroux said this process IS
respectful of the homeowner, the developer, and the community for the protection of the trees.
No one else came forward to speak on this item. Mayor Reeves closed the Public Hearing.
Motion: Approve Ordinance No. 5-17-64 as read, on final reading, with an amendment that the
Chair has the power to call meetings with a majority of the members in agreement as to date and
time.
Moved by Waters, Seconded by Harding
City Attorney Durden advised the Commission there were three items in the Ordinance she wanted to
address.
City Attorney Durden explained the following:
• On page 5, (d) Organization, (1), there is one blank to be filled in for the committee
meeting. The City Clerk has confirmed that any Wednesday of a month is available and
the Commission can make that selection. If the Commission chooses not to select the
time there is the option to direct that they meet monthly, at a time to be set by the
Committee (ESC).
• On page 5, (d) Organization (5) there is one blank to be filled in about the tree
subcommittee. The City Attorney said that this blank needs to be filled in with the letter
"(f)".
• On page 6 there is a typo to conect. On the sixth line, the first word "subcommittee"
should be deleted and replaced with "Environmental Stewardship Committee".
Amended Motion: To add the City Attorney's amendments to the original motion; and to meet on
the second Wednesday of each month.
Moved by Waters, Seconded by Harding
Discussion ensued. Commissioner Stinson talked about the change from two ordinances to one
ordinance, consideration of an alternate on the committee, and concerns expressed by some of the
citizens about a quorum.
Commissioner Stinson had a question about the insertion of the Community Development Board into the
appeals process, and asked the City Attorney if there is a Florida Statute applicable to this process?
City Attorney Durden responded that there are no statutes, nothing in Chapter 163, that requires the
Community Development Board (local planning agency), to make a decision regarding a tree permit, or
to hear an appeal regarding a tree permit. City Attorney Durden stated that in Chapter 14 of the City
Code, sub paragraph (7), it addresses the powers and duties of the Community Development Board
(CDB) to promote public interest in and understanding of the planning, zoning, and beautification of the
City. There is basis for going to the CDB in the appeal process but it is not mandatory. It (appeal) can go
straight to the Commission.
Commissioner Hill stepped out of the Chambers at 8:45PM and returned 8:46PM.
Commissioner Stinson spoke about the appeal process including additional steps and that the Committee
is in favor of the process. He said he is in agreement to keep this moving forward.
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Commissioner Harding stated he has heard citizens express concems about the appeal process because
the CDB only meets once per month. The intent to slow down the process is to get it right and will
trump any inconvenience.
Commissioner Hill stated he thinks the appeal process should just be the Commission's decision. Also
he said that the $500 filing fee is too costly and could create an economic burden. He suggested it should
be a lesser amount. Commissioner Hill asked the City Attomey for clarification in the language about
deed restrictions.
City Attomey Durden responded that the mention of deed restrictions is only in one section of the
Ordinance, on page 3, (2) d. This only addresses parks, which is public land, that pertains to restrictions
and conservation easements.
Commissioner Hill spoke about the importance of the Committee being able to call special meetings, not
just the Chairman.
Commissioner Waters thanked the committee, saying it was a very productive process and they achieved
a solution to a problem.
Commissioner Waters agreed with Commissioner Hill's statement for the Committee being able to call
special meetings, not just the Chairman. Ms. Waters stated she felt the $500 filing fee is too much, and
may meet resistance down the road.
Judith Leroux addressed the Commission and spoke about the importance of having regular scheduled
meetings, the Chair calling meetings, and the appeal process.
Mayor Reeves had a question about the $500 filing fee for the appeal. He asked the City Attomey if that
was refundable?
City Attorney Durden responded that it was not refundable.
Mayor Reeves inquired about the CDB $50 filing fee for appeal. He asked City Planner Derek Reeves if
that was refundable?
City Planner Reeves responded that it was not refundable.
Mayor Reeves had a question about the time allowed to appeal. He asked Judith Leroux how the number
of 15 days was determined?
Ms. Leroux responded they were trying to be middle-of-road to keep the appeal process movmg
forward.
Mayor Reeves stated that he is comfmiable with the Community Development Board involvement in the
process. He said by having the appeal process come before the Commission, this saves people from
having to appeal a decision through the Circuit Comi.
Mayor Reeves agreed that $500 is a lot, and that maybe it should be less. He stated that perhaps the
amount of $500 infers the seriousness of the appeal process.
Discussion continued about the $500 filing fee for an appeal being excessive and outside the economic
scale of the community. It was noted that the purpose of filing fees are to offset expenses that the City
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and the staff incur in an appeal process.
Commissioner Stinson had a question about removing the references to the Community Development
Board (CDB) from the process. Mr. Stinson asked if that would be a substantial change and require
starting this whole process over to change the appeal process?
City Attorney Durden responded it would not be a substantial change [to remove the CDB appeal
process] that would cause stmiing over.
Commissioner Stinson had a question for Ms. Leroux. Would the committee prefer the CDB removal
from the process?
Ms. Leroux responded no to Commissioner Stinson.
There was continued discussion about the $500 fee, noting that it is not the most expensive in the City.
This appeal process and the fee is not unwananted.
City Attorney Durden made a point of clarification for the Commission. Regarding an appeal to CDB,
there is no fee. In this Ordinance, when there is an appeal of the CDB decision, that appeal is made to
the Commission and that requires the $500 fee.
Mayor Reeves stated a motion would be required in order to change the amount of the $500 filing fee.
He spoke about the importance of setting monthly meeting days/dates for committees to meet so that we
don't create conflict with other set meetings. If a special meeting has to be scheduled, the same
consideration is made to avoid a scheduling conflict with other meetings.
Motion: Modify the $500 fee to be lowered to $175, to appeal a CDB decision to the City
Commission.
Moved by Hill, there was no Second
MOTION FAILED
A lengthy discussion continued about the meeting dates, and the Chair having authority to call Special
meetings.
Commissioner Stinson requested clarification for the motion on the floor, addressing (d) Organization
(1) to approve meeting on the second Wednesday of each month, and also stating in the motion that the
Chair has the power to call meetings with a majority of the members agreement as to date and time.
His question is if Commissioner Waters' intent was to amend (d) Organization (2) with the language
'the Chair has the power to call meetings with a majority of the members agreement as to date and
time'?
Commissioner Waters responded that the language in question by Commissioner Stinson is to be part of
(d) Organization (1 ), where the second sentence is addressing Special meetings.
Commissioner Stinson requested clarification on how a Special meeting could be called by the Chair.
City Attorney Durden explained that the Committee/Chair would coordinate with Staff about scheduling
a date/time for a Special meeting. Staff, not the Chair, would then communicate with the Commission
about confitming a date/time and a quorum in order to schedule a Special meeting.
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There was continued discussion about the motion to give the Chair the authority to call Special
meetings, resulting in questioning if that is the precedence that the Commission wants to set.
Commissioner Waters clarified that her motion set the day for the regular committee meetings -the
second Wednesday of each month. Regarding Special meetings, Ms. Waters explained that the
Ordinance already states that the Chair can call Special meetings with at least 48 hours notice. She said
her motion only added the language "with a majority of the members in agreement as to date and time";
nothing about giving the Chair the authority.
Judith Leroux spoke about having trust and faith in the process and in the people appointed to move this
forward.
Commissioner Hill questioned if there is a process to appeal due to economic hardship for any other
City appeal procedure? If not, could one be drafted for every City appeal process?
City Attorney Durden responded no, there is not a current appeal process. She suggested that the
Commission could add language to this Ordinance, on page 8, e., where it addresses the $500 filing fee,
by adding a comma after the word fee and state (after comma) when the Commission makes a
decision on the appeal it can also make a decision to refund some or all of the filing fee.
Motion: Call the question.
Moved by Stinson, Seconded by Waters
Roll Call Votes:
Aye: 4 Stinson, Waters, Harding, Reeves
Nay: 1 Hill
MOTION CARRIED with a 4 to 1 vote (to call the question)
The City Attorney clarified the amended motion for the Commission as follows:
The first item in the motion is for page 5, (d) Organization (1), there is a blank to be filled in, for the
committee meeting to be held on the "2nd Wednesday of each month".
The second item in the motion is for page 5, (d) Organization (5), there is a blank to be filled, with
letter "(f)".
The third item in the motion is for page 6, on the 6th line down, the word "subcommittee" is changed
to "Environmental Stewardship Committee".
City Attorney Durden stated, regarding Special meetings, Commissioner Waters included the language
in her original motion, which is before the Commission, that states "Special meetings may be called by
the Chair, provided at least 48 hours notice is provided, and that a majority of the members must
agree to the time and date".
Roll call Votes: (on motion as amended)
Aye: 5 Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED AS AMENDED
6. Action on Resolution (deferred from earlier in meeting)
A. RESOLUTION NO. 17-07
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July 24, 2017 REGULAR COMMISSION MEETING
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUNSETTING
AND DISSOLVING THE BEAUTIFICATION AND NATURAL RESOURCE
PRESERVATION ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE
DATE.
ICM Hogencamp stated this Resolution is connected to Ordinance No. 5-17-64 that was approved.
Motion: To adopt Resolution No. 17-07 as read
Moved by Stinson, Seconded by Waters
Roll call Votes:
Aye: 5 Hill, Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED
Motion: Suspend the rules to discuss the City Manager contract
Moved by Stinson, Seconded by Hill
Roll call Votes:
Aye: 4 Stinson, Harding, Hill, Reeves
Nay: 1 Waters
MOTION CARRIED
Commissioner Stinson stated that the Commission needs to discuss the contract so that ICM Hogencamp
and HR Director Beny can provide it to the three candidates before their final interview.
HR Director Berry addressed the Commission, stating that she is not prepared to present a contract now
as she was not aware that she was going to be back on the agenda. Ms. Beny stated she will answer
questions as best as she can.
It was noted that the Commission did not provide direction to Staff about retuming to this meeting.
Earlier in the meeting the HR Director Berry requested direction for a compensation package.
A lengthy discussion ensued about the possibility of providing the Commission with a general sample
contract along with a general sample compensation package for their review.
HR Director Beny stated that she will do this and can use an ICMA draft contract along with a draft
compensation package that has been standard with the City of Atlantic Beach. Ms. Berry stated that she
will email these drafts to the Commission tomonow. Ms. Berry stated that the City Manager job
description provided a salary range.
Discussion continued about compensation and benefits falling within budgetary guides, salary based on
experience, and the probability of scheduling another meeting before the final interviews.
HR Director Berry said she will email the Commission tomorrow with a draft of the contract including
a compensation package. Ms. Beny suggested that each Commissioner could respond back to her, by
phone, by email or by meeting with her.
8. Miscellaneous Business (Discussion only)
A. Request for a waiver as permitted by Section 24-46( d) to waive the prohibition on
exemptions from a tree pe1mit for heritage trees as required by Section 23-22 to allow the
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July 24, 2017 REGULAR COMMISSION MEETING
removal of a 30 inch Live Oak heritage tree without a permit at Atlantic Beach
Subdivision A, west 35 feet lot 42, east 15 feet lot 44, block 10 (aka 391 8th Street).
Planner Derek Reeves displayed photos and explained this is a request for a waiver to allow removal of
a 30 inch Live Oak heritage tree without a permit and without mitigation. Planner Reeves stated there
are two arborists repmis (the applicant's and the City's) that recommend removal, confirming the tree is
a safety hazard and is in decline.
Planner Reeves stated there are conflicting views made by both arborists, but they agree on removal of
the tree. One view is that lightening caused the damage and decline, the other view is that construction
caused the damage and decline.
There was a lengthy discussion about the reason for the waiver, exemption from tree mitigation, the
aging tree canopy and probability of safety hazards, permit exemptions, and heritage tree status.
Commissioner Waters talked about the impmiance to replant and continue the canopy growth of the
trees. She questioned if the applicant was willing to or planning to mitigate after the tree was removed.
The applicant, John Finotti, 391 gth St., took the floor to address the Commission, stating that this was
the first tree to be declared a heritage tree. The tree was struck by lightning in the last couple years,
causing the death of the tree, and it needs to come down. Mr. Finotti said because this is a heritage tree,
it requires a waiver for a permit to cut the dead tree down. He said if it were just a regular tree in the
same condition he could just get the pe1mit to cut it down. Mr. Finotti stated there is not enough room to
replant a 30 inch tree.
Commissioner Stinson talked about the two arborists' reports recommending tree removal and that it is a
safety hazard. With an aging tree canopy in our City there is the potential that many residents will be
facing this same problem. Commissioner Stinson inquired if the City's Tree Mitigation Fund could
assist with the replanting of trees -we shouldn't penalize residents. Commissioner Stinson stated this
definitely needs to move forward.
Commissioner Hill stated that by not requiring mitigation it nullifies the heritage tree program and
protecting the canopy. Mitigation is important and he would like to see some effmis made there.
Commissioner Hill stated this needs to move forward.
Commissioner Harding talked about the arborists' information and that it confirms the necessary action.
He agrees some mitigation is necessary and would like to see a good faith effmi by applicant.
Commissioner Hill questioned if this is a concern for public safety and liability for the City?
City Attorney Durden stated that the application was submitted this week, the City responded to the
applicant in normal procedure, so there is no negligence by City.
Commissioner Hill asked if the mitigation conversation can take place after the tree has been safely
removed?
City Attorney Durden stated the City could bifurcate the process in light of the fact there is a public
safety issue and the Commission could make the decision tonight to allow cutting this tree down. The
waiver is for the permit and mitigation required to compensate for the tree being removed.
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Discussion continued about the replacement of trees not penalizing a homeowner, conservation goals,
and the ability to plant trees on adjoining prope1iy per the code.
Motion: Suspend the rules to allow bifurcation of tree issue
Moved by Harding, Seconded by Stinson
Roll Call Vote:
Aye: 5 Waters, Harding, Hill, Stinson, Reeves
Nay: 0
MOTION CARRIED
Motion: Bifurcate tree issue in order to allow the applicant to have the tree removed due to
emergency circumstances and in the interest of public safety; move the waiver request for further
discussion and action to the August 14, 2017 Commission meeting.
Moved by Harding, Seconded by Stinson
Roll Call Vote:
Aye: 5 Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
B. Draft Ordinance to Extend Automobile Service Station Temporary Moratorium.
City Attorney Brenna Durden reviewed that the Commission adopted the moratorium last summer; it
expires on Aug 22, 2017. This Draft Ordinance is before the Commission for discussion to consider an
extension of the moratorium for a six ( 6) month period. City Attorney Durden stated that she 1s
requesting direction to bring forward on August 14, 2017 and August 28, 2017 for Pubic Hearings.
Commissioner Stinson stated, if approved, he would like to see a timeline presented at the Public
Hearings.
Commissioner Waters proposed that an extension not exceed more than three (3) months and she would
also like to see a timeline.
City Attorney Durden stated that three months is not an adequate amount of time due to the number of
changes to the pending ordinance. Upon receiving direction tonight, City Attorney Durden stated that
she will have a new advertised ordinance back before the Commission at the August 14, 2017 meeting
for a Public Hearing.
Commissioner Waters stated she prefened the extension not be a year. Also she stated concerns have
been expressed by citizens, and if possible, Commissioner Waters requested that the draft ordinance
include disallowing a car wash adjacent to a neighborhood.
Mayor Reeves inquired why an extension was needed if nothing has been done during the past year?
Commissioner Stinson stated if the moratorium extension is approved, then the Commission can request
that ICM Hogencamp provide a timeline needed to have the language rewritten.
City Attorney Durden clarified that the timeline is up to staff to detennine, based on their workload.
There will likely be a workshop with several related topics for the Commissioners' input, such as car
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July 24, 2017 REGULAR COMMISSION MEETING
washes. City Attorney Durden explained that was why she stated that six months was a reasonable
amount of time.
Discussion ensued about steps involved to move this process forward. This will go before the
Community Development Board prior to coming before the Commission, and will require extensive
noticing. City Planner Reeves stated that three months is not enough time.
Consensus to move item forward.
9. City Manager Reports
A. City Manager's Report
Interim City Manager Kevin Hogencamp explained his staff report.
1.) Staff is working on dune protection, from education to enforcement. ICM
Hogencamp clarified there are no intentions to suggest or propose oceanfront
property owners will be allowed direct access to beach.
2.) Several residents are requesting adoption of an anti-teathering ordinance for
dogs.
3.) Staff meeting scheduled to address the feral cats issues.
4.) Community discussion about the 5-way intersection and viability of a round-about
for traffic flow.
5.) Regarding Safe Routes to Schools, public infmmation meetings were delayed due
to leadership transitions in City Hall and also Public Works. The process is
moving forward now.
B. 90-Day Calendar (July through September 2017)
Consensus to approve 90-Day Calendar.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Stinson
• Thanked Commission and Staff for being able to participate m budget workshop
remotely.
• Congratulated Staff on the successful Blood Drive.
Commissioner Waters
• Spoke about Commissioner Hill's motion to lower the appeal fee and commented the
amount was too low.
• Encouraged Commissioner Hill to pursue his suggestion for a hardship waiver process.
• Regarding the request for the waiver of a tree permit, input from the ESC and Tree
Subcommittee would be welcomed on this topic.
• Spoke about the Safe Routes to School project and stated residents along with their kids
feel having a walking and bicycling path is best for the City.
Commissioner Harding
• Spoke about Commissioner Hill's motion to lower the appeal fee, stating he also thought
the amount was too low.
• Stated he was in favor of a hardship waiver process and said it could be a viable tool to
pursue.
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July 24, 2017 REGULAR COMMISSION MEETING
• Looking forward to Safe Routes presentation.
• Hoped the Atlantic Beach Athletic Association receives the maximum amount of suppmi
for their team.
Mayor Reeves
• Spoke about the Meet and Greet on August 3rd for the City Manager candidates and asked
the City Attorney if this will be advertised as a public meeting? City Attorney Durden
responded that she will confer with the City Manager and stated there is enough time to
notice this event.
• Reminded the Commission that in order to change the rules for a hardship waiver it must
be on agenda to discuss and/or take action.
Adjournment:
There being no fmiher discussion, Mayor Reeves declared the meeting adjourned at 10:56 PM.
ATTEST:
Donna L. Bartle, CMC
City Clerk
DLB/njp
Mitchell E. Reeves
Mayor/Presiding Officer
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