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Item 1A- 8-14-17 Draft CCMMINUTES REGULAR CITY COMMISSION MEETING AUGUST 14, 2017-6:30 PM CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves Mayor Pro Tern John Stinson Commissioner Mitchell R. Harding Commissioner Jimmy Hill Commissioner M. Blythe Waters Invocation and pledge to the flag City Attomey Brenna Durden Interim City Manager Kevin Hogencamp City Clerk Donna L. Bartle Recording Secretary Nancy Pyatte Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:30P.M. City Clerk Bartle called the roll. Mayor Reeves noted that a quorum was present. Commissioner Waters arrived 6:33P.M. 1. Approval of minutes. A. Approve minutes of the Regular Commission Meeting on July 10, 2017. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. 2. Courtesy of Floor to Visitors Jeffrey Weil, 10 10th St., Atlantic Beach, spoke about the Malfeasance in Office complaint filed against Mayor Reeves, for violation of Section 66 of the Atlantic Beach Charter. John Finotti, 391 gth St., Atlantic Beach, reported his tree was taken down two weeks ago; the safety issue has been removed. He is proposing mitigation to plant trees and said he will be available for any questions during the Public Hearing. John November, 536 South St., Neptune Beach, spoke about land acquisition for the purpose of conservation and protection. The City has an opportunity to purchase Johnston Island and Selva Preserve from the approximate $4.5 million in reserves. Mr. November asked the Commission to consider, as an item on an upcoming agenda, submitting a non-binding letter of interest with the seller(s) to express interest. Next the City would enter into a due-diligence repmi and obtain an appraisal of the property to determine the value. Mr. November stated he spoke with Councilman Gulliford, City of Jacksonville, about funding to offset the costs associated with land acquisition and Councilman Gulliford expressed to him that he would do his best to obtain funding from the City of Jacksonville Capital Improvement Plan budget, up to $500,000. Mr. November stated that this is the last chance that the City has to protect and conserve the land and requested their consideration to put this on an agenda as soon as possible. Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING Also, Mr. November spoke m favor of Mr. Finotti's request for a wmver and his proposed tree mitigation. Lisa Bruno, 375 and 377 Plaza, Atlantic Beach, stated she supports the request for a waiver for Mr. Finotti. Ms. Bruno spoke about the ordinance and having provisions for diseased and/or dying trees. Commissioner Hill wished to respond to the public complaint, stating that the Commission does not police each other. There is a process to follow and the fmmal investigation is underway -the City is not ignoring this matter. Commissioner Stinson agreed with Commissioner Hill's statement about the investigative process and also stated that Interim City Manager (ICM) Hogencamp will repmi the results when he has received them. Commissioner Waters stated no action can be taken until the investigation is complete and all the facts are in hand. Mayor Reeves addressed the topic of Jolmston Island stating there is talk about the City putting a restaurant on the island-that is a false statement. Mayor Reeves explained that he and ICM Hogencamp met with Councilman Gulliford to see if Jacksonville would pminer with Atlantic Beach to purchase Jolmston Island for the purpose of creating a community park, without boating/launching access. Mayor Reeves spoke about the complaint against him. He stated his opponent, Dr. Glasser, has the right to file a complaint, just like the citizen who filed a complaint against Dr. Glasser about not meeting the residency requirements to run for public office. Mayor Reeves stated he has not committed any violation, there has been no personal interests and no personal gains. He appreciates the comments and stated the facts will come out. No one else from the audience spoke. Courtesy of the Floor closed. A. Proclamation Honoring Vic Gualillo CDR Vic Gualillo took the floor, along with Mayor Reeves and Police Chief Cook, while City Clerk Bartle read the Proclamation. (document on file) Mayor Reeves presented CDR Gualillo with a plaque, expressing his appreciation for the tremendous job he has done for the City. He has served as the Interim Police Chief twice for the City. Chief Michelle Cook spoke about the volume of work involved to maintain the Police Department, talking about all the 'behind the scenes' work that CDR Gualillo has done for the City of Atlantic Beach. Having been with the City for just a week, Chief Cook commended CDR Gualillo for his work and support, stating he has made her job easier in this transition. CDR Gualillo stated he is honored and thankful to all of the staff and the City for their suppmi. B. Presentation of Annual Repmi by Langton Consulting Mike Langton, Langton Consulting, took the floor to address the Commission. Mr. Langton stated it has been a delight working with CDR Gualillo on grants, and he looks forward to working with Chief Cook moving forward. Mr. Langton reviewed the grants submitted from August 2016 to July 2017, as detailed in the repmi 2 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING (report on file). Mr. Langton explained that, since September 2014, over $700,000 in grants have been applied for from State and Federal funding sources. To date over $250,000 has been awarded, leaving approximately $323,000 in pending requests outstanding from the agencies listed in the report. Mr. Langton credited all the depmiments and staff that he has worked with, commending their diligence. He spoke about the ongoing technical assistance programs and support working on Wetlands, Safe Routes to School, Cultural Facilities, and Tree City USA. Additionally, various grant programs have been identified and recommended for consideration for the upcoming year, August 2017 to August 2018. These are listed on pages 2 and 3 of the report. Commissioner Hill spoke about the pending project list with Mr. Langton. A brief summary was provided by Mr. Langton about Jordan Park, Tideview Pier, the Cultural Enhancement Program, Police Headquarters, and Land Development Code Revisions. There was discussion about the Commission receiving a status report of these Grant programs prior to the Annual Report, either quarterly or semi-annually. Mr. Langton responded that he will gladly accommodate any request from the Commission. Mayor Reeves stated he is in favor of receiving a qumierly report and it could be submitted through the City Manager's Office. C. FY 2016 Audit Report-Ron Whiteside, Purvis, Gray & Company Russell Caffey, Director of Finance, addressed the Commission about the audit process, stating that every three to five years the City conducts a Request for Bid to hire an outside independent auditor. The Commission selected Purvis, Gray & Company. The auditors conduct the annual audit of the City's financial documents and provide their report once a year. (report on file) Ron Whiteside and Kevin Smith, of Purvis Gray & Company, were present to address the Commission. Mr. Whiteside explained that beginning next year there will be a transition of an audit partner to Ms. Barbara Boyd. Mr. Whiteside reviewed the results of the audit stmiing with Revenues and Expenses on page vii of the Audit Rep01i (Report). As detailed in this section, Mr. Whiteside reported there is a substantial increase in Revenues, $6.4 million over last year. The majority of that increase, approximately $4.5 million, is due to developer contributed assets to City water and sewer utilities, roads, right-of-ways, and storm water improvements. Also there are increases in most of the other revenue resources such as Charges for Services, Water and Sewer Utility, Storm Water Sanitation, and Buildings and Code Enforcement. Mr. Whiteside continued, noting there are increases in Property Tax Revenues, approximately $370,000, from new construction or increases in value. The next group showing increases are the economic indicator revenues -Sales Tax, Business and Utility Taxes, State Revenue Sharing. These increased approximately $93,000. Investment Earnings have increased $300,000 over the prior year. Mr. Whiteside reviewed Expenses, stating they reflect a modest increase of $800,000. He noted that almost half of the increase is related to the Pension Plans not meeting their targeted investment rate of return. The City then has to make up the investment sh01ifall. Other moderate increases in expenses showed in Wages, Health Insurance, Legal Costs, and the Mayport Community Redevelopment Agency (CRA) set-up costs. Mr. Whiteside rep01ied this was a very positive year financially, explaining that the City operated a $6.6 million excess of revenues over expenses vs the prior year's figure of$1.1 million. 3 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING Mr. Whiteside referred to the balance sheet, on page vi of the Report, which lists the Assets and Liabilities. The summarized table shows the City's assets exceeded the liabilities at the close of the fiscal year September 30, 2016. He reviewed the value of the Capital Assets which are land, buildings, equipment, and infrastructure. Next Mr. Whiteside reviewed the long-te1m debt which are the Notes and Bonds related to the utility system, and the net pension liability. The pension plans are about 70% funded, which Mr. Whiteside characterized as being 'middle of the road', average condition financially, based on other Florida governmental entities with defined benefit plans. Mr. Whiteside explained the difference between Assets and Liabilities is the Net Position, consisting largely of investments in buildings, equipment, and infrastructure and is not spendable funds. Approximately $5 million is in Restricted Net Position, which $2.5 million of that is from Better Jacksonville Funds, and is restricted for capital outlay. The balance left is for debt service related to the utility systems, road improvement, code enforcement, and public safety, etc. The Unrestricted Net Position was reviewed next, which is approximately $8 million, and is a measure of the overall financial health. The Government Finance Officer Association guidelines recommend that local govemments maintain at least two months reserve in the bank. Mr. Whiteside reported that the City of Atlantic Beach has approximately four months in reserves and is in sound fiscal health according to the financial statements. Mayor Reeves questioned if the definition 'middle of the road' is a good definition, as it relates to the pension plans. Mr. Whiteside responded that around 75% to 80% funding is typical. The Repmi shows the General Employees plan is 76.7% funded and the Police plan is 68.3% funded. Mayor Reeves asked if using some of the unrestricted funds to pay down the pension debt would benefit the City. Commissioner Waters stated that funds from unfilled positions were used to pay down the pension plans. She inquired if that was a sufficient annual contribution towards that goal. Mr. Whiteside responded that excess contributions, in excess of the required contributions based on the actuarial determination, is not typical. Atlantic Beach has taken an aggressive stance with the pension investments, assuming a 7% rate of retum (recently lowered to 6.34%) continuing to help to shore up those plans. Commissioner Hill spoke about the City's investment position not getting the retums in the current economic situation. He inquired if we should take a different position. Mr. Whiteside addressed the accounting system used for pensions. He explained they use a one year lag in the investment rate of retum. The pension investment portfolios in the Report show it did not meet the 7% benchmarks. For the year ending September 30, 2015 the actual rate ofretum was Yz% and 1% on the two plans. For the year ending September 30, 2016 the rates were 10% for one, and the other was in excess of 7% . There was discussion about the audit completion deadlines and delays, reasons for deadline extensions, and Florida Statutes requirements and guidelines. Mr. Whiteside reported on their findings, noting a need for improvement in the financial close process, making the yearend adjustments to prepare for the audit. Over the last two years there was staff tumover, transitions in office structure, and constant training with new personnel. Purvis Gray has been working with the depmiment staff and they are moving forward. There is noticeable improvement. 4 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING The Commission thanked Mr. Whiteside of Purvis Gray & Company and Finance Director Russell Caffey and his staff, commending them on the outcome of all their work. 3. Unfinished Business from Previous Meetings Commissioner Stinson requested a deviation in the agenda, and stmi with item 3B. City Manager Contract. There was consensus to start with item 3B. City Manager Contract. Commissioner Waters thanked Human Resource Director Cathy Beny and City Attorney Brenna Durden for their work in preparing the contract. Mr. Genity has agreed to and accepted the contract as submitted and it is ready for signatures. Motion: To approve the contract as submitted and move forward in hiring Mr. Gerrity as the City Manager. Moved by Waters, Seconded by Stinson Commissioner Stinson welcomed Mr. Genity to the City of Atlantic Beach. He thanked everyone involved with producing a quality contract. Commissioner Harding welcomed Mr. Genity to the City of Atlantic Beach, stating it's a great place to work, live, and raise a family. Commissioner Hill thanked the Staff for their hard work in making this a very pleasant and productive process to hire the best candidate. He welcomed Mr. Genity and his family. Mayor Reeves explained he had one concern about the contract in regards to Section 6, Automobile and Phone Allowance, where it states there is a $500 vehicle allowance and also mileage reimbursement, if the travel exceeds 100 miles from the City. Mayor Reeves questioned the receipt ofboth, and also stated he thought that $500 was too low for the vehicle allowance. City Attorney Durden stated the allowance and the mileage was acceptable per the IRS regulations. Discussion ensued about the car allowance, the mileage allowance, allowance covering personal use of the vehicle, comparison to corporate expense allowances, and comparison to other Florida governmental agencies allowances. Motion: Commissioner Stinson called the question. Seconded by Waters Roll Call Vote: Aye: 5 Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED (to call the question) Roll Call Vote: Aye: 5 Hill, Stinson, Waters, Harding, Reeves Nay: 0 MOTION CARRIED 5 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING Mayor Reeves invited Mr. Gerrity to come forward for introduction. Mr. GelTity addressed the Commission and thanked everyone for the oppmiunity and their faith in him. He stated he is looking forward to working with the City of Atlantic Beach. Mayor Reeves called for a recess at 7:54PM and reconvened the meeting at at 7:59PM. A. Public Hearing -W AIV 17-0003, Request for a waiver as permitted by Section 24-46( d) to waive the prohibition on exemptions from a tree permit for heritage trees as required by Section 23-22 to allow the 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 gth 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. Planner Reeves stated there are two arborists repmis (the applicant's and the City's) recommending removal, confirming the tree is a safety hazard and is in decline. At the last meeting the Commission allowed for immediate tree removal due to the safety hazard it presented. Planner Reeves repmied the tree has been removed. Removal of this tree now creates a violation of the code where it states the property must have shade tree in the front yard. Planner Reeves reviewed the mitigation requirements and guidelines. The applicant, Mr. Finotti, has proposed mitigation to plant a 4-inch Live Oak tree and two Red Cedar trees. What is before the Commission is to approve the waiver with no mitigation, approve with a condition of mitigation, or deny. Mayor Reeves opened the Public Hearing. No one came forward to speak on this item. Mayor Reeves closed the Public Hearing. Motion: To approve WAIV17-0003 with the mitigation proposed by the property owner to plant a 4-inch Live Oak tree and two Red Cedar trees. Moved by Harding, Seconded by Stinson Commissioner Waters thanked Mr. Finotti for proposing mitigation to plant trees. She also stated the Ordinance needs some work regarding Heritage trees and Legacy trees. She looks forward to the Environmental Stewardship Committee (ESC) getting involved with this issue. Commissioner Harding stated that he recommended that the prope1iy owner reconsider mitigation options. He commended Mr. Finotti for doing that and returning with an acceptable amount of tree mitigation. Commissioner Harding agreed that the City needs to look at the Ordinance regarding these types of trees. Commissioner Hill thanked the prope1iy owner for committing to tree replacement. He asked if the City can offer assistance with tree replacement from our resource of City trees? Scott Williams, Public Works, stated there are no big trees available in the City yard, only 3 inch trees. Commissioner Hill stated he accepts the mitigation proposal. 6 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING Commissioner Stinson stated he supports the waiver because of the issues and wanted to know the size of the Red Cedar trees. John Finotti, 391 gth St., Atlantic Beach, responded that the Red Cedar trees are 2.5 inches each, and they are fast growing trees. Mayor Reeves asked Mr. Finotti if he was comfortable with what was presented. Mr. Finotti responded that he was. Mayor Reeves thanked Mr. Finotti and stated this process showed the City that there is a need to reevaluate this program. Commissioner Waters inquired about the Tree Fund and whether or not that money can be used to assist a property owner for tree replacement? Planner Reeves responded that Tree Fund money must be used on public propetiy. Roll Call Vote: Aye: 5 Stinson, Waters, Harding, Hill, Reeves Nay: 0 MOTION CARRIED C. Appointments to Environmental Stewardship Committee ICM Hogencamp recommended that the Commission proceed with the process to appoint the members of this Committee. City Attorney Durden addressed the Commission stating that she will speak about the Environmental Stewardship Committee (ESC) and the Parking Committee jointly because her comments will be the same for both committees. There are specific requirements in the Ordinance for the eleven member ESC and City Attorney Durden explained as follows: • The Mayor selects three members, at large, two will have a three-year term and one will have a four-year term. • The Commissioners will select two members, one from within each district with a three- year term, and one at large with a four-year term. For the ESC, City Attorney Durden recommended that the names be provided to ICM Hogencamp by 5:00P.M., Wednesday, of this week to be on the next meeting agenda for August 28, 2017. There will be a Resolution which will name each person. The Ordinance is silent on the selection process for the ESC chairperson. City Attorney Durden suggested that the Resolution can have a statement with a 'blank' for consideration and selection of a chairperson, by the Commission or the Committee. There are specific requirements in the Ordinance for the eleven member Parking Committee and City Attorney Durden explained as follows: • The Mayor and Commissioners will each select two members who are residents of the City. • The eleventh member shall be the Mayor Pro Tern. 7 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING For the Parking Committee, City Attorney Durden recommended that the names be provided to ICM Hogencamp by 5:00P.M., Wednesday, of this week to be on the next meeting agenda for August 28, 2017. There will be a Resolution which will name each person. Discussion ensued about providing the names verbally tonight, instead of to staff, noting the benefit of maintaining transparency to the public. Also there was discussion about the appointment of the chairperson. The Commission was in agreement to provide their names at this meeting, if prepared to do so, and also that it should be the responsibility of the ESC to appoint a chairperson. A brief survey of the Commission was conducted to confitm their preparedness to provide names: Reeves -prepared Harding -prepared Stinson-prepared Waters -not prepared, will have names by Wednesday Hill -not prepared, will have names by Wednesday Nominees for Environmental Stewardship Committee: Harding-Dawn Scott, 3-year tetm, Sarah Andrews Dark, 4-year term Hill will have two names by Wednesday Stinson-Aurelie Drexler, 3-year term, will have second name by Wednesday (Had Sarah Dark, will consult with a backup) Waters Bruce Andrews, 4-year tetm, will have second name by Wednesday Reeves-Judith Leroux, 4-year term/Chair, Bonnie Hansen and Linda Chipperfield, both 3-year terms D. Appointments to Parking and Pedestrian Safety Committee Commissioner Waters questioned if there was enough time for the Parking and Pedestrian Safety Committee to collect and present their data to the City in October. ICM Hogencamp responded that the Committee can report in October-say what they have or say what they are planning to work on -then provide a date cetiain when they would follow-up with another repoti. Nominees for Parking and Pedestrian Safety Committee: Waters -Greg Kupperman, Woody Winfree Harding -Dale Wappes, Dennis Winkelman Stinson-Jennifer Lagner, Nancy Whittington Hill -will have two names by Wednesday Reeves-Kim Reich, Michael Tari E. Florida League of Cities (FLOC) Annual Conference voting delegate ICM Hogencamp recommended that the City approve Mayor Mitch Reeves as a voting delegate for the FLOC 2017 Conference. Motion: To select Mayor Mitch Reeves as the voting delegate for the FLOC 2017 Conference. Moved by Hill, Seconded by Harding 8 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING Roll Call Vote: Aye: 5 Waters, Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED 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. Award Bid 1617-11: Multi-Year Contract for Street SweepingN acuuming for the Public W arks Department. Commissioner Stinson requested to remove 4A. Commissioner Stinson stated there was an issue last year with this company about whether or not they were using water in the cleaning process. Commissioner Stinson asked ICM Hogencamp if he was comfmiable with this company's services and their responsiveness to our contract expectations. ICM Hogencamp responded yes. Motion: To award Bid 1617-11, Multi-Year Contract for Street SweepingNacuuming for the Public Works Department. Moved by Stinson, Seconded by Waters Roll Call Vote: Aye: 5 Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports A. Application and Guidelines for Contributions to Outside Organizations (Cultural Arts and Recreation Advisory Committee) Timmy Johnson, Director of Recreation and Special Events, addressed the Commission. Mr. Johnson introduced Dawn Pope for the Cultural Alis and Recreation Advisory Committee. Ms. Pope reported that she has been on this Committee for over one year and has enjoyed giving back to the City of Atlantic Beach. This Committee is responsible for making funding recommendations to the Commission. Ms. Pope reviewed the attached Application Guidelines Policy that is used in administering the contributions. These guidelines include scoring criteria and an application form for the organizations to complete and submit for review. There were no questions. The Commission thanked Ms. Pope for her report. 6. Action on Resolutions None. 7. Action on Ordinances 9 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING A. ORDINANCE NO. 90-17-229, Public Hearing and First Reading. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOTIVE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, FOR A PERIOD OF SIX MONTHS FROM AUGUST 22, 2017 TO FEBRUARY 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-16-225; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title into the record. City Attomey Durden explained this is a six month extension of the original Ordinance for the automobile service station moratorium that is set to expire August 22, 2017. No applications could be provided or filed with the City through this extension period to February 22, 2018. During the extension the Planning Depmiment, along with a consultant, will be working on the LDR and this issue as well. Mayor Reeves opened the Public Hearing. There were no speakers, the Public Hearing was closed. Motion: To approve Ordinance No. 90-17-229 as read on its first reading, and direct staff to notice the Ordinance for a Public Hearing and second and final reading on August 28, 2017. Moved by Stinson, Seconded by Waters Commissioner Hill asked ICM Hogencamp if there have been any inquiries about this ordinance. ICM Hogencamp responded he has not received any. Planner Derek Reeves stated he received one inquiry today. Roll Call Vote: Aye: 5 Hill, Stinson, Waters, Harding, Reeves Nay: 0 MOTION CARRIED B. ORDINANCE NO. 80-17-87, Introduction and First Reading AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING OR APPROVAL OF ANY WIRELESS COMMUNICATION FACILITIES IN THE CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title into the record. City Attomey Durden explained this is for a temporary moratorium between now and December 31, 2017. This is a result of legislation, adopted by the State of Florida, allowing for 5G cell towers to be built within the right-of-ways (ROW) of all municipalities and local govemments in Florida. The State is authorizing the adoption of standards and criteria, no later than December 31, 2017, for the placement of those towers. This moratorium provides time for the City to draft new provisions that will amend the cunent Chapter 19, which deals with utilities in the ROW. The Public Utilities Director, the Public Works Director, the Building Official, the City Planner, the Police Chief, and ICM Hogencamp are reviewing the current regulations in order to propose 10 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING modifications to accommodate new towers in the ROW and ensure there is no interference for emergency vehicle access. Many cities are adopting this temporary moratorium to allow more time for review and planning. City Attorney Durden reported that the City does have one application pending that was submitted during July 10, 2017. The Building Official and the Public Works Director are cuiTently reviewing it and may want to grandfather this application because it was submitted prior to the first reading of the Ordinance. Motion: To approve Ordinance 80-17-87 as read on its first reading, and direct staff to notice the Ordinance for a Public Hearing and second and final reading on August 28, 2017. Moved by Waters, Seconded by Hill Commissioner Waters stated she wants to make sure no one is adversely affected. Commissioner Hill asked Mayor Reeves to bring back any information that may be provided at the FLOC conference. Commissioner Hill stated that this is a large state oveiTeach because of the potential impact to the character, safety, and nature of our community. Mayor Reeves spoke about meeting with AT&T about the 5G wireless communication towers. He and ICM Hogencamp met with AT&T and they do want to be a good partner with our City. Mayor Reeves stated this is one of the Home Rules that he fought for in Tallahassee -for cities to be able to set their own guidelines, fees, and other related issues. He fmiher stated this legislation went into effect July 1, 2017, setting the guidelines for what we can charge, and putting time restrictions on the application process and approval. We have the provision to come up with a plan by the end of year to be prepared. Regarding the application that is already in-house, Mayor Reeves stated he agreed it should be grandfathered because it was received prior to the first reading of this Ordinance. He stated he plans to contact AT&T regarding this permit and inquire about pminering with the City to work out the petmit specifications. Commissioner Stinson stated that he thought there was previous discussion and consideration regarding a moratorium about this item, prior to this meeting. City Attorney Durden explained that any discussion and consideration must be conducted at the Commission level in order to direct action. Individual discussions that she has with Staff and/or Commissioners will not generate action. In order to act as quickly as possible, instead of bringing this item to the Commission for discussion, it was brought by the first reading of this Ordinance. City Attorney Durden stated that this legislation was late being adopted by the State. There are a few applications throughout the state that were submitted immediately after the legislation was signed. Several municipalities and counties are considering challenging this law but this would not stop the effectiveness of the law. This Ordinance is the best action to take for our City. Commissioner Stinson expressed the impmiance of having representation in Tallahassee so the City can be prepared moving forward. Commissioner Hill requested the records be scoured for proof that this conversation has already taken place about this issue. He stated it is a step in the wrong direction when a for-profit 11 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING company can mandate the use of City property for business. He stated he opposes grandfathering the application on file with our City and wants to see the application. Commissioner Hill stated he will get with ICM Hogencamp to confitm dates of the previous discussion and the application. He closed stating this is an oveneach by the State and he wants to fight this issue. Mayor Reeves explained we are not in a battle with the businesses, such as AT&T. The legislature took away our Home Rule -we should be mad with our legislators. When he and ICM Hogencamp met with AT&T at a presentation meeting, Mayor Reeves stated that was when he first learned of their permit application that was submitted to our City. That is when he contacted City Attorney Durden and recommended this Ordinance. Mayor Reeves stated we need to pass this Ordinance in order to set our guidelines. Discussion ensued about Home Rule, the State government oveneach taking away Home Rule, timing of legislation passing and timing of the application being submitted, and the probability of AT&T lobbying with the State. Also noted was the importance of working out what is the best for the City. Commissioner Hill asked the City Attorney if there was any argument about public interest in this utility that implemented the government oveneach. City Attorney Durden responded that every argument was fought vehemently and spoken eloquently by the Florida League of Cities and the Florida Association of Counties in the Legislature about Home Rule. Regarding the application on file, City Attorney Durden stated there is potential for co-location on an existing pole, which has been done before. As Mayor Reeves stated, this applicant is interested in pminering with our City, finding solutions to meet their goals and address our concerns. Discussion continued about the request for Staff to confirm any previous conversation by the Commission regarding cell towers being built within the rights-of-way (ROW). The conversation, if confirmed, may or may not be used in the approval or denial of the application on file. Also it was stated that it will have no bearing on passage of this Ordinance for a moratorium. Roll Call Vote: Aye: 5 Stinson, Waters, Harding, Hill, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) None. 9. City Manager Reports A. City Manager's Report ICM Hogencamp thanked everyone involved in the hiring process of our City Manager, Mr. Joe Genity, and he looks forward to working with him. ICM Hogencamp announced he is glad to be an Atlantic Beach citizen. 12 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING B. 90-Day Calendar (September through November 2017) There was consensus to approve the 90-Day Calendar. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Thanked PWD for installing the sunshade on Sunset Pier. Commissioner Waters • Spoke about the protest that took place at the University of Virginia stating it was a sad and difficult weekend for the students who were harassed, intimidated, injured, and killed. There needs to be a line between hate speech and free speech. It was not a safe place for the students and everyone deserves safety. Commissioner Hill • Inquired about assessing the City's Pension Investment Pmifolio Policy, asking if there is a way to capitalize without greater risk. This was directed to ICM Hogencamp and Finance Director Caffey. • Inquired if Mayor Reeves could ask for a consensus from the Commission about the purchase of preservation land. Mayor Reeves responded that this item can be put on an agenda for discussion -that is the process. Commissioner Stinson • Stated recently approached by the residents of Fairway Villas, asking if the City would consider taking over maintenance of their gate/entry at Fairway Villas. • Requested an update of the house under construction on the north side of Adele Grage Cultural Center and the tennis courts. There are safety issues, doors are open and unprotected balconies. • Brought up the LDC rewrite, asked what do we need to do to move forward with that. • Spoke about the protest that took place at the University of Virginia. At a Beaches Watch meeting he attended there was disrespectful behavior towards candidates. He asked people to be nice and polite, especially during the election campaign. City Attorney • Appreciate Kevin Hogencamp's suppmi over these past several months and looks forward to working with him as the Deputy City Manager. • Thanked Cathy Berry, Human Resource Director, for the hiring process and public involvement to recruit our new City Manager. • Thanked Commissoner Waters for being the figurehead for working with the new City Manager. Mayor Reeves • Thanked everyone for attending this meeting and welcoming the new City Manager. • Excited to see Kevin Hogencamp take on the new role as Deputy City Manager. Thanked Mr. Hogencamp for all his hard work put forth. • Thanked Cathy Berry and Kevin Hogencamp for the City Manager hiring process and including the citizen involvement. • Agreed we need to be friends with our neighbors, sad when politics puts people against people, respect your neighbor. 13 Agenda Item 1A September 18, 2017 August 14, 2017 REGULAR COMMISSION MEETING • Thanked ICM Hogencamp and the Police Depmiment for planning a parade on Saturday for our local baseball team. People came out to suppmi these kids -there were over 300 people who came out for the celebration and we are so proud of those kids! Mayor Reeves suggested that a permanent sign be placed in Russell Park commemorating our 2017 Champions. The Team presented Mayor Reeves with a signed baseball along with their program to display at a City location. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:39PM. ATTEST: Donna L. Bartle, CMC City Clerk DLB/njp Mitchell E. Reeves Mayor/Presiding Officer 14 Agenda Item 1A September 18, 2017