Item 1B- Draft Minutes Commission Meeting May 14, 2018Regular City Commission
May 14, 2018
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MINUTES
Regular City Commission Meeting
Monday, May 14, 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
Blythe Waters, Mayor Pro Tem, Seat 3
Candace Kelly, Commissioner - Seat 4
Brittany Norris, Commissioner - Seat 5
Absent: John Stinson, Commissioner - Seat 2
Also Present: Brenna Durden, City Attorney (CA)
Joe Gerrity, City Manager (CM)
Kevin Hogencamp, Deputy City Manager (DCM)
Donna Bartle, City Clerk (CC)
Phyllis Nadeau, Associate City Clerk/Recording Secretary (ACC)
1. APPROVAL OF MINUTES
B. Approve minutes of the Regular Commission Meeting on April 23, 2018.
Mayor Glasser announced Item 1A will be skipped.
C. Approve minutes of the Priority Goal Setting Meeting on January 12, 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
Mayor Glasser asked the Commission if there were any objections in re-ordering the Items
listed in Courtesy of the Floor to Visitors as follows:
1. Item 2D - Presentation of the Purple Heart City Proclamation.
2. Item 2E - Proclamation in Recognition of Kids to Parks Day 2018.
3. Item 2B - Report from Representative Cord Byrd on the Legislative Session.
There were no objections.
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D. Presentation of Purple Heart City.
Mayor Glasser introduced Captain David Yoder, Commander Naval Station Mayport.
Captain Yoder spoke about recognizing veterans for their service and sacrifice. Mayor
Glasser introduced individuals from various veterans groups:
• Jim Wellmon, Military Order of the Purple Heart, Chapter 524.
• Clarence Hill and Randy Whisman, American Legion.
• Gordon Dempsey, Fleet Reserve (not present).
• Jerry Stalnaker, Jax Vets.
• Patrick Culver, Historic Mayport Military Officers (not present).
Clarence Hill invited everyone to a Veterans Ceremony June 16th at 9:00 am at Beaches
Veterans Memorial Park. The Jacksonville American Legions Post 129 is hosting the
event, Jacksonville Beach Mayor Latham will be the guest speaker, and there will be a
Vietnam pinning ceremony by Congressman Rutherford.
Mayor Glasser announced the month of May as Military Appreciation Month, explained
the meaning and history of the Purple Heart Award and introduced the Purple Heart
recipients:
• Duane St. John
• Joe Tulli
• Eppie Harrison
• Christopher Vedick
• Lee Brown
• Bill Smith
• Jim Wellmon
• Warren Abernathy
• Ernest Serna
• Bob Cooper
• Olen Childers
Mayor Glasser read the Proclamation into the record. Jim Wellmon, Commander of
local Chapter 524
Military Order of the Purple Heart presented a Special Recognition Award to the City of
Atlantic Beach.
Purple Heart recipient Bill Smith presented Proud Supporter pins to the Mayor and the
Commissioners.
E. Proclamation in Recognition of Kids to Parks Day 2018.
Mayor Glasser introduced special needs child and frequent visitor to the City’s parks
Dante Demuth and his mother Karen Demuth. She introduced the Director of the City's
Park and Recreation Department Timmy Johnson and the Chair of the Atlantic Beach
Cultural Arts and Advisory Committee Grant Healy.
Mayor Glasser read and presented the Proclamation in Recognition of Kids to Park Day
to Dante and Karen Demuth.
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B. Report from Representative Cord Byrd on Legislative Session.
Commissioner Norris introduced Representative Cord Byrd. Representative Byrd
reported on legislation regarding appropriation for five- star veterans transitioning out
the military, safety on Mayport Road and working with the Department of
Transportation (DOT), funding for revitalizing Mayport Village docks, a Tree Ordinance
Bill that he voted against but did pass in the legislation, secured funding for updating
culverts along Florida Boulevard, upcoming constitutional amendments, unfunded
mandates, and House Bill 63.
A. Langton Grant Writing Update.
DCM Kevin Hogancamp to introduced Melissa Beaudry and Lisa King from Langton
Consulting, transitioning and working with City staff. She announced an award of
around $250,000 covering three different grant applications within the last month, the
projects being funded, and the Cost Share Program for the St. Johns River Water
Management District. They have been working for potential technical assistance from
the National Park Service to assist staff with developing the Parks Master Plan. She
announced that Lisa King was just awarded a $3.5 million grant for the Mayport Ferry.
Lisa King stated they are working with the City in developing applications for Hazard
Mitigation Grant Funding and potential Tier II funding.
C. Presentation on the Transportation Improvement Program (TIP) for Fiscal Years
2018/2019 through 2022/2023.
CM Joe Gerrity introduced Denise Bunnewith from the North Florida Transportation
Planning Organization (TPO). Ms. Bunnewith gave an update on the Transportation
Improvement Program (TIP) regarding pedestrian safety improvements, drainage, a bike
path trail, Wonderwood construction and resurfacing, greenways, trails, the Sea Level
Rise Study, and updating the Congestion Management Plan. All questions were
answered.
F. Proclamation in Recognition of National Public Works Week.
Mayor Glasser introduced Kale Moran, City Public Utilities Director. Mayor Glasser
read the Proclamation recognizing National Public Works Week. Mr. Moran reminded
everyone to have Hurricane Plan.
G. Atlantic Beach Experimental Theater (ABET) Proclamation.
Mayor Glasser announced she will present and read the Proclamation at the last
scheduled performance in Atlantic Beach on May 20, 2018. She stated ABET will be
moving to a new location and will be renamed the All Beaches Experimental Theater.
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.
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City Clerk Bartle called one speaker:
• Paul Gunsaulies spoke about storage of recreational vehicles and a moratorium on Code
Enforcement.
3. CITY MANAGER REPORTS
A. City Manager’s Report
CM Joe Gerrity reported $217,000 has been received from Hurricane Matthew from the
Federal Emergency Management Agency (FEMA), and the City is still expecting about another
$135,000. This brings our total to $282,000 to date.
He spoke about moving the shower at the 18th Street Beach Access. Chief Cook and the
Public Works Director Scott Williams went to the site and it was decided to put off moving the
shower for now.
CM Joe Gerrity reported the trees have been removed out of the drainage area in Terra Verde.
He reminded everyone of the North East Florida League of Cities Dinner on May 17, 2018, and
that the next meeting is on May 29, 2018, which is a Tuesday due to Memorial Day.
He explained that the plans for the 10th Street beach access walkover are site-specific to the
contour of that specific dune and in order to move the walkover to a new location the whole
engineering process would have to be recreated. The $30,000 grant may not be transferrable to
another walkover. He spoke about the need for the City to have an American Disabilities Act
(ADA) compliant walkover.
Two firms are being considered on the code re-write to assist the Planning Council. There
should be a decision by the end of the week. He explained the goals for the new position.
C. Accept the 90-Day Calendar (May - July 2018)
Mayor Glasser spoke about scheduling a Workshop on May 21st with Parking and Pedestrian
Safety Advisory Committee (PPSARC) about the 10th Street Beach access at 6:00 p.m. and this
was tentatively scheduled.
Consensus was given to accept the 90-day calendar.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Norris:
• Thanked the City Manager and Chief Cook for addressing the 18th Street beach access
issue.
Commissioner Waters:
• Spoke about the improvements seen at the shower on 10th Street.
• Reported witnessing a full sized backhoe on the beach removing sea turtles for necropsy
and inquired about the Commission working together with the Beaches Sea Turtle Patrol
about removing the sea turtles for necropsy.
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• Thanked Mayor Glasser for Purple Heart Proclamation.
Commissioner Kelley:
• Spoke about the improvements done to the shower area at 10th Street.
• Spoke about Rotary International inviting all of their members to plant a tree.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETING.
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
A. Cultural Arts and Recreation Advisory Committee
Timmy Johnson, Director of CARAC, introduced Grant Healey, Dawn Pope and Marina
Kaplan. Grant Healey inquired as to the status of the Resolution regarding reducing the amount
of members to CARAC, canceling Arts in the Park and rescheduling for June 2nd, Wild
Wonders at Dutton Island on May 26, 2018, Flag Football through June 2, 2018, every Saturday
morning, Acoustic Night on May 27, 2018, Arts-in-the-Park on June 2, 2018, Song Writers on
June 3, 2018, and the Jazz Festival on September 15, 2018. The current process used to
promote contributions is being changed and will be sent to the Commission when complete.
Questions were answered from the Commission about the process for recruitment of members
to CARAC and available space at Adele Grage.
Mayor Glasser inquired about reinstating a Teen Council. Timmy Johnson announced Dawn
Pope is the liaison to the Teen Council. Dawn Pope spoke on how the Teen Council would be
selected and their role. Discussion ensued about recruiting members, available venues, and
matrix scores.
CA Durden asked to review the application for CARAC membership.
Discussion ensued about Sunshine Laws, the League of Cities assistance with setting up a Teen
Council, and the Teen Council participating in Small City Government Week in October.
8. ACTION ON RESOLUTIONS
A. RESOLUTION N0. 18-17
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH
INSITUFORM TECHONOLOGIES, LLC PIGGYBACKING ON JEA CONTRACT
NO. 152566 DATED 2016 AND APPROVING A PURCHASE ORDER FOR
$222,616.68 ON BEHALF OF THE CITY OF ATLANTIC BEACH.
CM Gerrity reported on re-lining pipes in the Oak Harbor area and the benefits of this process.
Commissioner Kelley spoke about an article seen in The League of Cities magazine regarding
cleaning water and the process of re-lining.
CA Durden asked CM Gerrity to add the standard mandatory public records language the City
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uses in all of its’ contracts to the contract in the Agenda packet.
MOTION: To adopt Resolution No. 18-17 as written.
Motion: Blythe Waters
Second: Brittany Norris
Ellen Glasser For
Blythe Waters (Moved By) For
Candace Kelly For
Brittany Norris (Seconded By) For
Motion passed 4 to 0.
B. RESOLUTION NO. 18-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO PURCHASE TWO
WESTECH CAGE DRIVES FOR 70-FOOT SECONDARY CLARIFIERS.
CM Gerrity spoke about the budgeted funds for Stormwater Management and the
ongoing Repair and Replacement Program in the Utility Department. The price is
$67,500 with the installation being bidded out. Discussion ensued about the budgeted
amount and whether there are other expenditures under this budget item for this fiscal
year.
MOTION: To adopt Resolution No. 18-18 as read.
Motion: Blythe Waters
Second: Candace Kelly
Motion passed 4 to 0.
C. RESOLUTION NO. 18-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
PURCHASE OF REAL PROPERTY AT 0 LINKSIDE DRIVE, ATLANTIC BEACH,
FLORIDA FOR THE PURPOSE OF, BUT NOT LIMITED TO, ASSISTING WITH
STORMWATER MANAGEMENT AND POTENTIAL EXPANSION OF THE CITY
PUBLIC WORKS YARD; APPROPRIATING AN AMOUNT NOT TO EXCEEED
$62,500 PLUS CLOSING COSTS FROM THE STORMWATER UTILITY
ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
AND SALE AGREEMENT AND SUCH PURCHASE ORDER(S) IN ACCORDANCE
WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Ellen Glasser For
Blythe Waters (Moved By) For
Candace Kelly (Seconded By) For
Brittany Norris For
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DCM Kevin Hogancamp displayed a map of the parcel under contract. CM Gerrity
stated the property is mainly to be purchased for stormwater control. A Phase I
Environmental Study will be done prior to purchase. Discussion ensued about the
parcel's proximity to Jordan Park.
MOTION: Motion to accept Resolution 18-19.
Motion: Candace Kelly
Second: Brittany Norris
Motion passed 4 to 0.
9. ACTION ON ORDINANCES
A. Ordinance No. 90-18-234, 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);
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.
Mayor Glasser read the Ordinance.
Derek Reeves, Planning and Development, spoke on the history of the Ordinance, the code
language, and reviewed the key facts on Florida State Law. He displayed a map to show
potential areas for these facilities based on the regulations that have been proposed.
Mayor Glasser asked if there were any speakers on the issue. There were none. The Public
Hearing was closed.
Discussion ensued and questions were answered regarding potential dispensary locations,
property lines, daycare facilities, pharmacy restrictions, the restrictions in Jacksonville Beach
and Neptune Beach, door-to-door restrictions versus footage restrictions, and the moratorium.
MOTION: To amend Ordinance No. 19-18-234, Section 24-169(a)(1) to read “Another
pharmacy or another medical marijuana treatment center dispensing facility
located within the city limits.”
Motion: Brittany Norris
Second: Blythe Waters
A brief discussion ensued regarding the possible impact of amending the Ordinance.
Ellen Glasser For
Blythe Waters For
Candace Kelly (Moved By) For
Brittany Norris (Seconded By) For
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Commissioner Norris:
• Spoke about supporting what the citizens want.
Commissioner Waters:
• Spoke about Mayport Road.
Mayor Glasser
• Spoke about the Motion to Amend.
Ellen Glasser For
Blythe Waters (Seconded By) For
Candace Kelly For
Brittany Norris (Moved By) For
Motion passed 4 to 0.
Commissioner Norris
• Spoke about the issue some citizens have with the belief that legalizing Medical Marijuana
leads to the legalization of recreational marijuana.
MOTION: To approve the Amended Ordinance Public Hearing and First Reading.
Motion: Brittany Norris
Second: Candace Kelly
Commissioner Waters:
• Spoke about citizens that have contacted her about wanting an option besides an opioid for
pain.
• Stated the statistics showing a drop in opioid prescriptions in states that have opened up medical
marijuana.
Commissioner Kelley:
• Spoke about the uncertainty of the Federal Government's future decisions and the regulatory
environment.
• Spoke about the potential for transition of medical marijuana into recreational marijuana.
• Reported on a drug survey taken at Fletcher High School showing high numbers.
Commissioner Norris:
• Spoke about regulations on marijuana and the Federal Government's potential for future
negation.
• Spoke about the constituents that have contacted her about the need for these facilities.
• Spoke about the need for the Commission to make this decision.
Mayor Glasser:
• Spoke about the States authority to pass laws on medical marijuana and the Federal
Government's inability to prohibit the law.
• Spoke about the majority (77%) of residents that support medical marijuana and the
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Commission’s responsibility to listen to its constituents.
Commissioner Waters:
• Spoke about States’ rights and the correlation between medical marijuana transitioning into
recreational marijuana.
Ellen Glasser For
Blythe Waters For
Candace Kelly (Seconded By) Against
Brittany Norris (Moved By) For
Motion passed 3 to 1.
10. MISCELLANEOUS BUSINESS
A. WAIV18-0004 Public Hearing
Request for Waiver as permitted by Section 24-46(d) to waive the prohibition of tattoo
artists within the Commercial General zoning district as required by Section 24-111(b)
at 1021 Atlantic Boulevard, Unit 983.
CM Joe Gerrity introduced Planning Department Director Shane Corbin who addressed the
Commission regarding the un-typical nature of the business, which is a permanent cosmetic
makeup operation to be added to an existing salon. He addressed zoning, coding, and the need
for a waiver.
The Mayor asked the business owner Gianefer Ross to explain the business.
Public Hearing:
There were no speakers; the Public Hearing was closed.
Questions from the Commissioners were answered regarding licensing, leasing, and advertising. CA
Durden clarified the conditions associated with the first Waiver for tattoo business:
1. Personal to the applicant.
2. Operating hours of the business.
3. Appropriate licensing for type of work and location.
4. Submittal by land owner authorizing the application (Owner's Authorization for Agent)
5. Hours of operation.
The Federal Circuit Court of Appeals has deemed tattoo artistry as "artistic expression" and any flat
out prohibitions is considered unconstitutional. CA Durden stated she is not certain that the
application was executed by the land owner and it appears the application was executed by Solas'
General Manager and Equity One, who is the owner of the property and who paid the application fee.
She recommended the proper documentation be in the file and suggested the Waiver be subject to a
condition that written approval (Owner's Authorization for Agent) from the land owner (Equity One)
be obtained.
MOTION: To approve Waiver Request 18-0004 with the conditions that the Owner's
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Authorization for Agent is submitted, the Waiver is personal to the applicant, that the applicant
displays proper licensing to do the work, and with the operating hours of 9:00 am to 8:00 pm.
Motion: Brittany Norris
Second: Candace Kelly
Mayor Glasser stated the grounds for the Commission's decision based on when it is demonstrated
that compliance with such provision would be unreasonable, in conflict with the public interest, or a
practical impossibility.
Ellen Glasser For
Blythe Waters For
Candace Kelly (Seconded By) For
Brittany Norris (Moved By) For
Motion passed 4 to 0.
B. PLAT18-0001 Public Hearing
Request for plat approval as required by Chapter 24, Article 4 of the Code of Ordinances
within the Residential General, Multi- family zoning district at RE# 172137-0000,
172140-0000 and 172136-0000 (previously known as 110, 120 and 0 Jackson Road).
Mr. Reeves displayed the Plat. He explained the proposed dimensions and the plans for
construction. He informed the Commission the plant is well below density and well within the
minimal lot size requirement for a townhome. The building contractor Dustin Brown with
Mathieu Builders introduced himself and stated he was at the meeting to answer any questions.
Public Hearing:
Property owner Melissa Gann spoke about the shortage of property in the area and answered
questions from the Commissioners.
Mayor Glasser closed the Public Hearing.
Mr. Reeves answered questions from the Commissioners about cost and materials.
MOTION: To approve Plat 18-0001 with the condition the applicant provide and record the
easements and covenants on the platted lots that may include a Stormwater Management Plan if
required by the City.
Motion: Candace Kelly
Second: Blythe Waters
Commissioner Waters:
• Spoke about plat approval or denial and wanted to make sure the citizens understand the
process. The Commission cannot deny a Plat if it is compliant with the requirements of
Chapter 24, Article 4 in the Code of Ordinances. The requirements are set to encourage
redevelopment of the area.
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Commissioner Norris:
• Spoke about gentrification and the dollar amount that is considered affordable housing.
Mayor Glasser:
• Spoke about the townhomes improving the property values and fitting in with the
comprehensive plan for the area.
Blythe Waters (Seconded By) For
Candace Kelly (Moved By) For
Ellen Glasser For
Brittany Norris For
Motion passed 4 to 0.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
None.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Norris:
• Thanked the staff.
Commissioner Waters:
• Thanked the staff.
Commissioner Kelley:
• Spoke about the Commissions’ progress on projects to date.
CM Gerrity:
• Spoke about enforcing the Building Codes.
• Asked about Commissioners being able to come early to the next meeting.
13. ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:53 p.m.
Attest:
________________________________
Ellen Glasser
Mayor, Presiding Officer
____________________________
Donna L. Bartle, CMC
City Clerk