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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 1 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 2 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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.) 3 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 4 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 5 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 6 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 7 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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 8 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 9 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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 10 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 11 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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 12 Agenda Item 1A August 28, 2017 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 13 Agenda Item 1A August 28, 2017 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. 14 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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 15 Agenda Item 1A August 28, 2017 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. 16 Agenda Item 1A August 28, 2017 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 17 Agenda Item 1A August 28, 2017