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Item 1D- Draft minutes of the Regular Commission Meeting May 29, 2018Regular City Commission May 29, 2018 Page 1 of 11 MINUTES Regular City Commission Meeting Tuesday, May 29, 2018 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIENCE CALL TO ORDER: Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ROLL CALL: Present: Ellen Glasser, Mayor - Seat 1 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Commissioner - Seat 5 John Stinson, Commissioner - Seat 2 Absent: Blythe Waters, Mayor Pro Tem Also Present: Brenna Durden, City Attorney (CA) Kevin Hogencamp, Deputy City Manager (DCM Donna Bartle, City Clerk (CC) Phyllis Nadeau, Associate City Clerk/Recording Secretary 1. APPROVAL OF MINUTES A. Approve minutes of the Commission Roundtable Meeting on May 7, 2018. Mayor Glasser asked if there were any corrections to the above minutes. There were no changes or corrections. ACTION: Minutes stand as submitted. B. Approval of minutes of the Regular Commission Meeting on April 23, 2018 Mayor Glasser asked if there were any corrections to the above minutes. There were no changes or corrections. ACTION: Minutes stand as submitted. 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Glasser explained the process for public comments and her intention to suspend the rules to allow Commissioners five minutes to respond to concerns. She opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Regular City Commission May 29, 2018 Page 2 of 11  Mark Tingen thanked the Police Department for the training he has received and asked for the citizens' cooperation with parking education.  Susanne Barker spoke against Ordinance No. 90-18-233.  Lisa Herrold spoke about traffic congestion on Sherry Drive.  Mitch Reeves spoke against Ordinance No. 90-18-234. 3. CITY MANAGER REPORTS A. City Manager’s Report CM Gerrity reported that the City is starting their Budget Meetings this week. The work product should be complete toward the middle of June. The Selva Preserve Purchase and Sale Agreement, Contract, and Request for Proposal (RFP) is on track for presentation and consideration at the next meeting on June 11, 2018. CM Gerrity informed the Committee that Selva Linkside may be interested in donating their Triangle to the City if we are willing to accept it. Consensus was given on accepting the triangle if offered. The new cellular mobile Apple Application, Civic Mobile, for the City will be available to citizens beginning tomorrow, and it is available in the Apple App Store. CM Gerrity invited Chief Cook from the Atlantic Beach Police Department to give an update on the Universal Crime Report. Chief Cook informed that volunteers for the Police Department have been averaging around 200 hours per month. She explained the Uniform Crime Reports and their numbers. There will be an updated reporting system in place next year. The overall violent crime rate is up 11.6% with the biggest increase being in the Aggravated Assault category. The property crime rate is up 1.9%. The overall UCR total crime rate up 3.0%. Chief Cook informed that most of the issues the Police Department is addressing is traffic complaints and illegally parked cars, but burglaries and auto thefts are also on the rise. There are 30 officers in the Department and two vacancies. Mayor Glasser asked Chief Cook to convey the City's condolences to the Police Department regarding the death of Sergeant Lance Whittaker who started his career with the Atlantic Beach Police Department in 1999. B. Actuary Reports - Police and General Employee's Pension Plans Finance Director Russell Caffey presented and reviewed the details in Actuary Reports of the Police and General Employee's Pension Funds. If the City meets the 6.75% rate of return, the rate of return in the General Employee Plan will be fully funded by the year Regular City Commission May 29, 2018 Page 3 of 11 2027 and the Police Plan will be fully funded by the year 2047. The General Employee Pension Plan has been closed since 2008. Mr. Caffey answered all questions. C. Accept the 90-Day Calendar (June through August 2018). Commissioner Kelley asked about Workshops and Town Hall Meetings for this quarter. CM Gerrity stated there will be at least two Budget Workshops tentatively scheduled for the beginning of August. Mayor Glasser asked that everyone who has a Workshop topic to please bring it up during the Comments portion of this meeting. Commissioner Stinson suggested the November Referendum as a Town Hall topic. Discussion ensued about when the Town Hall should be held. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Kelley:  Spoke on the success of Gospel in the Park. Commissioner Norris:  Spoke about Workshop topics. Commissioner Stinson:  Spoke about the priorities of the Parking and Pedestrian Safety Advisory Resource Committee (PPSARC) and the Paid Parking Solution.  Questioned why a letter was sent to the City of Neptune Beach inquiring about issues on behalf of the developer when it was decided at the April 13, 2018, Workshop Meeting not to involve ourselves, as a Commission, into the day-to-day work of the City of Neptune Beach. Mayor Glasser:  Commented on the Memorial Day events she attended.  Spoke about what the PPSARC needs.  Welcomed Commissioner Stinson back and brought him up-to-date on the meeting topics discussed in his absence.  Indicated it was her recollection of the last meeting that it was decided the Commission would ask for traffic studies on the areas that would impact traffic and congestion in Atlantic Beach. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. Regular City Commission May 29, 2018 Page 4 of 11 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Legal Report for March 2018 and the Financial Report for April 2018. ACTION: To pull Item 6A for discussion. Commissioner Stinson pulled Item 6A for discussion on the legal expenses the City has incurred to date this year. He explained budget appropriation for legal expenses, the CM's partial oversight of the budget, and the CM's accountability to meet that bud get. He would like the Commission to discuss how to better control legal expenses moving forward as well as to educate the residents as to the higher expenses incurred this year. Mayor Glasser expressed the need to discuss this no later than the upcom ing budget cycle. Protocol for determining which services need legal review and which do not is a policy question the Commission will need to check into before giving CM Gerrity direction. Commissioner Stinson will make sure the issue is on the Agenda in June. CA Durden stated she is open to discussion. CM Gerrity spoke about the changing needs of the City with regard to legal services going forward. MOTION: To accept the Monthly Legal Report for March 2018 and the Monthly Financial Report for April 2018. Motion: John Stinson Second: Candace Kelly Ellen Glasser For Candace Kelly (Seconded By) For Brittany Norris For John Stinson (Moved By) For Regular City Commission May 29, 2018 Page 5 of 11 Motion passed unanimously 4 to 0. 7. COMMITTEE REPORTS Commissioner Stinson announced the City's need for volunteers to serve on its various Committees. 8. ACTION ON RESOLUTIONS A. RESOLUTION NO. 18-20 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ACKNOWLEDGING THE COMPLETION OF THE DUVAL COUNTY MARITIME MANAGEMENT PLAN AND APPRECIATING THE HARD WORK PUT IN BY THE TEAM IN CREATING THE PLAN. CM Gerrity introduced Policy Director Margo Moehring with the Northeast Florida Regional Council who represents the team that worked on the Duval County Maritime Management Plan. She gave a brief overview of a Maritime Management Plan and Jacksonville's Plan in particular. Ms. Moehring complimented the Community for being involved and for their cooperation on the various surveys submitted. Some of the areas the Plan covers are waterways/navigation channels, mooring/docking, existing water access facilities, waterfront parks/facilities expansion, waterways transportation, waterfront land use, and economics. Results from polling and public input showed the most emphasis being on maintenance. The recommendations are as follows: 1) public education; 2) build better; 3) preservation of working waterfront; and 4) zoning of public access. Questions were asked and answered about the amount of trash in the water and sea level rise. MOTION: To Adopt Resolution No. 18-20 Motion: Brittany Norris Second: Candace Kelly Commissioner Stinson  Asked about future sea level rise and he was referred to Dr. David Lambert who answered his question. Commissioner Kelley  Commented favorably on the mention of Johnson Island, Dutton Island, Tide Views and the rebuilding of Mayport docks in the report. Motion passed unanimously 4 to 0. Regular City Commission May 29, 2018 Page 6 of 11 B. RESOLUTION NO. 18-21 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #1718-05 FOR MILLING AND PAVING 2018. CM Gerrity reported on the City's Annual Paving Project. Five bids were obtained. A bid of $315,000 from Preferred Materials is well within the the City's budget of $440,000. The staff is recommending the acceptance of this bid and also the allowance of CM Gerrity, through the Public Works Department, to identify additional paving projects and improvements based on the extra $100,000 that has been budgeted. He would like $11,000 as a Pilot Project to purchase some flashing lights for the intersection of 11th Street and Seminole Road. Questions were answered about recording data from that intersection, and discussion ensued regarding taking the issue to a Workshop Meeting with the Parking and Pedestrian Safety Advisory Resource Committee (PPSARC). Mayor Glasser asked about the equal distribution of paving projects throughout Atlantic Beach. CM Gerrity assured the west side of Atlantic Beach will receive as much services as possible out of the funds. Commissioner Stinson asked if the projects on his report were from a paving list kept by Public Works Department. CM Gerrity affirmed the areas listed on his report did come from a paving list kept by the Public Works Department. The list is reviewed and updated every year. Chief Cook presented a handout showing a sample of the type of flashing light being considered for the intersection of 11th and Seminole Road and gave a brief overview. Commissioner Norris talked about an American Disabilities Act (ADA) compliant mechanism (sign) that speaks. She spoke about the importance of gathering data in order to accurately gauge whether it is working. Chief Cook talked about these "smarter" traffic-calming mechanisms reducing the need for pole signs now in place. Mayor Glasser stated that there is a lot of data proving these devises do work and also stated the importance of being able to gather data. MOTION: To adopt Resolution No. 18-21. Motion: John Stinson Second: Brittany Norris Regular City Commission May 29, 2018 Page 7 of 11 Ellen Glasser For Candace Kelly For Brittany Norris (Seconded By) For John Stinson (Moved By) For Motion passed unanimously 4 to 0. 9. ACTION ON ORDINANCES A. ORDINANCE NO. 90-18-234, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-111, COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24-169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. CM Gerrity was asked by Commissioner Waters to speak on her behalf to defer Action on this item until full Commission is present, which will be the next meeting. Mayor Glasser asked CA Durden to speak about the deadline on getting the Ordinance passed. CA Durden spoke about the Medical Marijuana Moratorium previously adopted which was in effect as of yesterday (May 28, 2018). A doctrine called the 'Pending Ordinance Doctrine' would support the scenario of opening, continuing and deciding to take action on an Ordinance at a future meeting. If the Ordinance was voted on at this meeting and there was a tie, the Ordinance would fail, the moratorium would no longer be in effect, and there would be no provision in the City's code specifically about a medical marijuana dispensing facility. Therefore, it would be treated like a pharmacy and governed by the only current regulations that are in place, which are the state regulations and requirements. City Planner Derek Reeves spoke on the changes to the Ordinance as requested at the last Commission Meeting. A slideshow was introduced that showed the Community Development Board (CDB) recommendations. Mayor Glasser asked for the Commissioners preferences regarding accommodating Commissioner Waters request. Commissioner Stinson asked the CA about making a motion to ban medical marijuana dispensaries, should it be voted on and fail at this meeting. Regular City Commission May 29, 2018 Page 8 of 11 CA Durden replied by stating that there would be no proper notice to take up an Ordinance to ban medical marijuana. There is one provision for emergencies. Therefore, the ban would have to be considered an emergency. A Super Majority vote would be required to declare an emergency. She would have to take a look at the provision regarding the topic as it has already been on the agenda in one fashion, and she is not sure whether it would qualify as an emergency at this meeting. Mayor Glasser asked about a Super Majority vote when one member is absent. CM Durden stated a Super Majority vote in this meeting would be three (3) votes. MOTION: To continue Public Hearing and defer action on Ordinance 90-18-234 Motion: John Stinson Second: Brittany Norris Commissioner Stinson:  Spoke about respecting Commissioner Water's request to defer.  Spoke on this being a very difficult decision for him as he does not support the Ordinance. Commissioner Kelley:  Stated that, due to this being such a controversial issue, all Commissioners should be present for a vote. Commissioner Norris:  Spoke on the importance of the topic and Commissioner Water's representation of such a large portion of Atlantic Beach.  Reminded Commissioner Stinson to request a continuation and/or deferral of a vote in the future if required. Mayor Glasser:  Agrees to continue and defer.  Relayed that this is a difficult issue for her as well and she appreciates the collegial nature of the conversation. Ellen Glasser For Candace Kelly For Brittany Norris (Seconded By) For John Stinson (Moved By) For Motion passed unanimously 4 to 0. Regular City Commission May 29, 2018 Page 9 of 11 B. ORDINANCE NO. 90-18-233, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24 -111, COMMERCIAL GENERAL (CG); AMENDING SECTION 24-165, GAS STATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the Ordinance into record. CM Gerrity asked the Community Development Director (CDD) Shane Corbin to present the Ordinance. CD Corbin presented a slideshow on the Automotive Service Station Moratorium Code Changes. He went over the history of the Ordinance regarding the changes. On April 17th the Ordinance received a unanimous recommendation for approval. The main issues were outdated terminology, mixed use of terminology between zoning districts, overall inadequate definitions, and design standards. The definitions of each were explained (Commercial Limited and Commercial General). The changes and enhanced standards to the Ordinance were explained and include lot line restrictions, associated services (no car wash or auto service repair), lighting and light fixtures, the number of fuel pumps (4), frontage, landscaping, variances, Tree Mitigation Fund payment, hours of operation, signage, outdoor sales of consumable goods, and buffer distance. Discussion ensued about the buffer restrictions for gas stations versus the restrictions for medical marijuana dispenseries, definition of signage, gas pump video screens, distance restrictions, configuration of square footage, and zoning. Mayor Glasser opened the Public Hearing and CC Bartle read the speaker cards:  Lisa Herrold spoke in favor of the Ordinance.  Suzanne Barker spoke in favor of the Ordinance. Mayor Glasser asked if there were any more speakers. There were none and the Public Hearing was closed. Commissioner Kelley:  Commended Mr. Corbin on his presentation.  Pointed out that the Ordinance can be changed in the future if needed. Commissioner Norris:  Thanked Mr. Corbin for his hard work. Regular City Commission May 29, 2018 Page 10 of 11 Commissioner Stinson:  Thanked Mr. Corbin for his hard work.  Spoke about how the Ordinance allows the protection the citizens want. Mayor Glasser:  Spoke about being in an emergency evacuation route.  Expressed reservations regarding the square footage restrictions.  Spoke about the Community Development Board becoming involved. MOTION: To adopt Ordinance No. 90-18-233 as read. Motion: John Stinson Second: Brittany Norris Brittany Norris (Seconded By) For John Stinson (Moved By) For Ellen Glasser Against Blythe Waters Candace Kelly For Motion passed by a vote of 3 to 1. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Stinson:  Spoke to the residents about the Commission's job, the ability to listen to each other, finding common ground and making progress. Commissioner Kelley:  Inquired about whether the City has received a formal complaint regarding the City not being ADA Compliant. Commissioner Norris:  Reminded everyone about Hurricane Season Preparedness.  Thanked the Commission. Mayor Glasser:  Spoke about finding common ground between the Commissioners.  Thanked the citizens for communicating their concerns. Regular City Commission May 29, 2018 Page 11 of 11 CM Gerrity:  Asked for direction from the Commission about allowing intrusions onto the rights-of- way. Relayed an incident wherein a resident was unhappy because a palm tree had to be removed from a right-of-way. He asked the Commission to reaffirm that his actions are in compliance with the Code. Discussion ensued about rights-of-way and enforcing the Ordinance. There was consensus that CM Gerrity's actions were valid, and that the Code should be upheld until such a time as it is changed. 13. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:13 PM. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor