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11-22-21 Regular Commission Meeting Adopted Minutesrr=�l' % MINUTES Regular City Commission Meeting r Monday, November 22, 2021 - 6:30 PM `� >r Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ATTENDANCE: Present: Ellen Glasser, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 Also Present: Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) APPROVAL OF MINUTES 1A. Approve minutes of the July 22, 2021 Budget Workshop. Mayor Glasser asked if there were any corrections or changes needed. There being none, Mayor Glasser stated the minutes stand as submitted. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Katie Hammill spoke about recommendations for consideration prior to implementing new tennis court rules and provided a handout. Caryn King spoke about the value of the tennis coaching program, her support of a permit process and yearly coaching fee, and allowing residents and tennis players to be involved and provide input. [c�01I1 1uY41 U.T" 0414 .1-10 4 03"A M CM Corbin reported recent issues with tennis court usage and the intent to post a sign clearly explaining the existing rules. There were no new rules or regulations being proposed. CM Corbin answered questions from the Commission. Regular City Commission November 22, 2021 3A. Vision Statement DCM Kevin Hogencamp presented a slideshow (which is attached hereto and made part of this Official Record as ATTACHMENT A) and spoke about the Proposed Vision Statement as detailed in the agenda packet. CM Corbin requested direction from the Commission before bringing it back as a resolution. DCM Hogencamp answered questions from the Commission about the survey, data, and the process. There were comments made about needing a grammatical review and safety not being on the bar graph. Mayor Glasser requested that CM Corbin send the data to the Commissioners, give them a chance to interact with him and Ms. Leroux, and then bring it back at the next meeting, if possible. DCM Hogencamp confirmed the process for the Mission Statement which is to have staff work it out and then bring to the Commission. Ms. Linda Lanier was thanked for her impressive efforts. ATTACHMENT A of 11-22-21 Minutes 3B. Accept the 90 -Day Calendar (December 2021 through February 2022) CM Corbin advised about a change to the calendar, noting an internal kickoff meeting with the traffic engineers to look at complete streets for Main Street is scheduled for December 1 at 3 p.m. in the Commission Chamber. CM Corbin also advised that the meeting will be publicly noticed. There was CONSENSUS to accept the change to the 90 -Day Calendar. 3C. Beaches Town Center 2021-2022 Holiday Lighting Request CM Corbin reported on the request from Beaches Town Center and his decision to provide funds in the amount of $10,200. 3D. 18th and 19th Streets Paid Parking CM Corbin reported about his meeting with Neptune Beach, explaining Neptune Beach will put numbers together for us, are still interested in a 50/50 split forl8th and 19th Street, and plans to go to their Council, then come to this Commission with a presentation in January. He advised that kiosks will need to be ordered and installed before beach season begins. When asked whether Neptune Beach is aware of the push back from this Commission, CM Corbin confirmed that they did and explained that they do not want to change the fee structure of Town Center which is 70/30. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A. Coal Ash (Mayor Glasser) Mayor Glasser gave an overview of the incidents relating to the Bridge Port barge which resulted in thousands of tons of coal ash falling into the Atlantic Ocean, and reported the progress of the unified response by the Department of Environmental Protection, U.S. Coast Guard, Fish and Wildlife, and the owner of the barge, along with her efforts to address safety concerns. Regular City Commission November 22, 2021 5 6 She spoke about the Jacksonville Waterways Commission's (JWC) plan to entertain a resolution to the City of Jacksonville (COJ) to not allow coal ash to pass through our waterways. She referred to JWC's proposed resolution, which is included in the agenda packet, and requested that the Atlantic Beach Commission consider passing a similar resolution. Discussion ensued about transporting coal ash material through our ports. There was CONSENSUS to bring back a resolution at the next meeting. Mayor Glasser offered to provide additional information and to have Dr. Quinton White, Jacksonville University, and Lisa Rinaman, St. Johns Riverkeeper, come and speak at the next meeting. There was CONSENSUS to invite them to speak. Commissioner Reports Commissioner Bole • Spoke about upcoming events in the Beaches Town Center and thanked the Commission for their support. Commissioner Kelly • Commented on her grandson's approval of the green garbage trucks. Mayor Glasser • Reminded everyone about the tree lighting on December 4. • Reported a great turnout at the Jazz Fest last weekend and expressed support for continuing it. • Reported on today's Great American Smokeout. • Reminded everyone about the Turkey Trot on Thanksgiving morning and advised that the race is being dedicated again this year to Dr. Leon Haley of OF Health. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. CONSENT AGENDA Mayor Glasser read the Consent Agenda. 6A. Acknowledge receipt of the Financial Report as of October 31, 2021. MOTION. • Approve Consent Agenda Item 6A as presented. Motion: Candace Kelly Second: Brittany Norris Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Motion passed S to 0. Regular City Commission November 22, 2021 7 COMMITTEE REPORTS None. 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 21-61 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; ADOPTING A COMPLETE STREETS POLICY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the resolution by title. Planning and Community Development Director (PCDD) Amanda Askew presented a slideshow on Complete Streets (which is attached hereto and made part of this Official Record as ATTACHMENT B) as she explained the proposed resolution and answered questions about bike and pedestrian conflict data and budgetary needs. CM Corbin spoke about the importance of the policy. Mayor Glasser requested having the Connectivity Plan reviewed and updated periodically. PCCD Askew agreed that many of the plans completed by the Planning Department need periodic evaluation for updates. PCCD Askew spoke about the upcoming kickoff meeting scheduled for December 1 with the traffic engineers. ATTACHMENT B of 11-22-21 Minutes MOTION: Adopt Resolution No. 21-61. Motion: Brittany Norris Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. 8B. RESOLUTION NO. 21-62 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING STATE LEGISLATION TO CLOSE LOOPHOLES AND CREATE STANDARDS IN CURRENT LAW EXEMPTIONS FROM MUNICIPAL TREE ORDINANCES THAT HAVE CAUSED LITIGATION AND ABUSES, INCLUDING THE CLEAR -CUTTING OF LAND PRE -DEVELOPMENT AND THE REMOVAL OF HEALTHY TREES THAT PRESENT LITTLE, IF ANY, RISK TO PERSONS OR STRUCTURES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA GOVERNOR, THE CITY OF JACKSONVILLE, THE FLORIDA LEAGUE OF CITIES, AND THE DUVAL COUNTY Regular City Commission November 22, 2021 DELEGATION OF THE FLORIDA LEGISLATURE, FOR DISTRIBUTION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the resolution by title. DCM Hogencamp explained the resolution as provided in the agenda packet. Mayor Glasser referred to and explained the letter she emailed to the Duval Delegation today regarding Legislative Priority -Tree Protection, (which is attached hereto and made part of this Official Record as ATTACHMENT Q. She reported asking Environmental Stewardship Committee members to help with the Commission's efforts this year and believes a couple of members went to a meeting of the Duval Delegation today and referenced the letter. Mayor Glasser explained two significant amendments that would strengthen the State Statute. She reported on a case being monitored on 19th Street as an example. CA Durden noted that the case is still before the Special Magistrate and the City's position that the homeowner was not authorized under that Statute to remove the trees. ATTACHMENT C of 11-22-21 Minutes MOTION. • Adopt Resolution No. 21-62. Motion: Brittany Norris Second: Michael Waters Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. Mayor Glasser reminded CC Bartle to distribute the signed copy of the resolution. 8C. RESOLUTION NO. 21-68 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO EXECUTE CITY OF JACKSONVILLE FEDERAL SUBRECIPIENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the resolution by title. CM Corbin explained the resolution. Finance Director (FD) Melissa Burns advised that these ARPA funds need to be committed by September 30, 2022. Commissioner Norris requested a report showing the projects being funded with ARPA money. Commissioner Bole asked whether the Lifeguard Station would qualify and FD Burns agreed to look into it. Mayor Glasser reported speaking to Councilman Diamond about a direct Regular City Commission November 22, 2021 appropriation from the City of Jacksonville to the City of Atlantic Beach, which would make it easier and much faster. MOTION.- Adopt Resolution No. 21-68. Motion: Brittany Norris Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. (There was a break from 7:35 p.m. to 7:44 p.m.) 8D. RESOLUTION NO. 21-70 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING RENEWAL OF EMPLOYEE HEALTH INSURANCE, AS WELL AS OTHER INSURANCE BENEFIT PLANS PAID FOR BY EMPLOYEES, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL RELEVANT DOCUMENTS. Mayor Glasser read the resolution by title. Human Resource Director (HRD) Cathy Varian explained the resolution as detailed in the agenda packet and answered questions about the City's history with Cigna and other insurance providers and the coverage period for the renewal. MOTION. Adopt Resolution No. 21-70. Motion: Brittany Norris Second: Michael Waters Motion passed unanimously S to 0. 8E. RESOLUTION NO. 21-73 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING A THREE YEAR CONTRACT FOR BANKING SERVICES WITH BANK OF AMERICA AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the resolution by title. CM Corbin summarized the purpose of the resolution. FD Burns explained the details included in the agenda packet. Regular City Commission November 22, 2021 CA Durden requested that one sentence be added to Section 1 of the agreement, which is that the City's obligation in years two and three are subject to annual appropriations in the approved City budget. She also suggested amending the resolution. MOTION. Adopt Resolution No. 21-73 with the inclusion in Section 1 of the Resolution and the end of Section 1 of the contract itself to read, The City's obligations in years two and three are subject to appropriations in the annual approved budget. Motion: Brittany Norris Second: Candace Kelly Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Bruce Bole For Michael Waters For Motion passed S to 0. 8F. RESOLUTION NO. 21-74 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW ENFORCEMENT MUTUAL AID AGREEMENT WITH THE JACKSONVILLE SHERIFFS OFFICE, NEPTUNE BEACH POLICE DEPARTMENT AND JACKSONVILLE BEACH POLICE DEPARTMENT, FOR UP TO A TWO-YEAR PERIOD, AUTHORIZING OFFICERS FROM EACH AGENCY TO PROVIDE LAW ENFORCEMENT SERVICE AND OPERATIONAL ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL BOUNDRIES. Mayor Glasser read the Resolution by title. Police Chief Victor Gualillo explained the purpose of the resolution and answered questions about reimbursements. He reported on the recent utilization of Neptune Beach and Jacksonville Beach officers through the mutual aid agreement while our Police Department was under -staffed. MOTION: Adopt Resolution No. 21-74. Motion: Brittany Norris Second. Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed S to 0. Regular City Commission November 22, 2021 8G. RESOLUTION NO. 21-75 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING STATE LEGISLATION THAT RESTORES AUTHORITY TO LOCAL GOVERNMENTS FOR THE REGULATION OF SHORT- TERM RENTAL PROPERTIES AS NECESSARY FOR QUALITY OF LIFE, PUBLIC SAFETY AND A FAIR LODGING MARKETPLACE; SUPPORTING STATE LEGISLATION CLARIFYING THAT EXISTING, GRANDFATHERED MUNICIPAL SHORT-TERM RENTAL ORDINANCES CAN BE AMENDED WITHOUT PENALTY; AND OPPOSING STATE LEGISLATION THAT PREEMPTS MUNICIPAL AUTHORITY AS IT RELATES TO THE REGULATION OF SHORT-TERM RENTAL PROPERTIES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the resolution by title. DCM Hogencamp reported on Resolution No. 21-75 as detailed in the agenda packet. CM Corbin explained the City's "grandfathered" status. Discussion ensued about the process for handling complaints of non-compliance. Mayor Glasser spoke about this being the top priority of the Municipal Legislative Committee. CM Corbin explained the negative impacts from short-term rentals, during his time in Savannah. Mayor Glasser explained Florida League of Cities' efforts and a brief discussion ensued. MOTION. Adopt Resolution No. 21-75. Motion: Michael Waters Second. Brittany Norris Ellen Glasser For Bruce Bole For Michael Waters (Moved By) For Candace Kelly For Brittany Norris (Seconded By) For Motion passer! 5 to 0. 8H. RESOLUTION NO. 21-76 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING STATE LEGISLATION TO AUTHORIZE CITIES AND COUNTIES TO RESTRICT SMOKING IN PARKS, ON BEACHES, AND IN OTHER PUBLIC SPACES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the resolution by title. DCM Hogencamp explained the resolution as detailed in the agenda packet. Discussion ensued about the potential implementation, enforcement challenges, legislative process, and removing the preemption. Regular City Commission November 22, 2021 MOTION. Adopt Resolution No. 21-76 as written. Motion: Bruce Bole Second. Michael Waters Ellen Glasser For Bruce Bole (Moved By) For Michael Waters (Seconded By) For Candace Kelly For Brittany Norris For Motion passed S to 0. 8I. RESOLUTION NO. 21-77 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING STATE LEGISLATION TO ADDRESS GROWING CONCERNS ABOUT PER- AND POLYFLUROALKYL SUBSTANCES (PFAS) IN SOIL AND WATER; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the resolution by title. DCM Hogencamp reported as detailed in the agenda packet. Mayor Glasser explained the reasons for the resolution and noted it is a League priority. MOTION. Adopt Resolution No. 21-77. Motion: Brittany Norris Second. Bruce Bole Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. 8J. RESOLUTION NO. 21-78 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE MAYOR'S COUNCIL ON HEALTH AND WELL-BEING, A SELECT COMMITTEE; PROVIDING GUIDELINES FOR THE SELECT COMMITTEE; CONFIRMING APPOINTMENTS TO THE SELECT COMMITTEE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the resolution by title. Regular City Commission November 22, 2021 z Mayor Glasser explained the process and purpose of the Committee and gave an overview of each member selected and by whom. Commissioner Waters questioned the scope since there are no health care professionals being appointed. Mayor Glasser explained her plan to have the Committee identify the topics and bring in subject matter experts to provide information. CA Durden advised that the Public Records and Sunshine Laws would take effect upon passage of the Resolution and requested that CM Corbin inform the newly -appointed members about those requirements. MOTION. Adopt Resolution No. 21-78. Motion: Brittany Norris Second. Bruce Bole Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. Mayor Glasser thanked the new members. ACTION ON ORDINANCES 9A. ORDINANCE NO. 20-21-162, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021, AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the ordinance by title. FD Burns pointed out that the funds for the outstanding waste hauler invoice was added to this ordinance after the first reading. Mayor Glasser opened the Public Hearing. No one wished to speak. Mayor Glasser closed the public hearing. MOTION. Approve Ordinance No. 20-21-162 as read by title. Motion: Brittany Norris Second. Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed S to 0. Regular City Commission November 22, 2021 9B. ORDINANCE NO. 95-21-120, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 5 OF THE ATLANTIC BEACH CODE OF ORDINANCES, BEACHES AND PARKS, TO ADD NEW SECTION 5-5, PROHIBITION OF THE USE, SALE OR DISTRIBUTION OF POLYSTYRENE FOAM PRODUCTS ON CITY PROPERTIES AND THE BEACH, TO PROVIDE DEFINITIONS AND RENUMBER THE SUBSEQUENT CODE SECTIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the ordinance by title. PCDD Amanda Askew presented a slideshow (which is attached hereto and made part of this Official Record as ATTACHMENT D) and explained Ordinance No. 95-21-120. She advised, that after speaking to a Commissioner, she now recommends changing the effective date from January 1, 2022 to March 1, 2022 in order to allow enough time to use up inventory. PCDD answered questions from the Commission about how it applies to various scenarios and its enforcement. Discussion ensued regarding enforcement, educating the community, and leading by example. Mayor Glasser suggested that the word "ban" be changed to "prohibition" in the second paragraph of the ordinance. Commissioner Norris agreed with the change and asked whether something should be added that would dictate the City playing by these rules as well. Discussion ensued about addressing the City's use in the ordinance. CA Durden confirmed that language could be added to the ordinance and brought back to the second reading. Mayor Glasser confirmed with CA Durden that all the changes mentioned tonight could be incorporated into the ordinance and brought back for the second reading. CA Durden advised about her intention to clarify other areas of the ordinance for second reading, in addition to updating the effective date to March 1, 2022, replacing the word "ban" with "prohibition", and coming up with language about prohibiting the City's use or procurement of polystyrene. Mayor Glasser suggested making the two minor changes tonight. ATTACHMENT D of 11-22-21 Minutes MOTION. Approve Ordinance No. 95-21-20 as amended to update the word "ban" to "prohibition" in the second Whereas clause and to update the start date to March 1, 2022, Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed S to 0. Mayor Glasser advised that the ordinance will be coming back in December with the other changes. Regular City Commission November 22, 2021 10 MISCELLANEOUS BUSINESS None. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Durden spoke about receiving documents on the opioid settlement today and bringing back a resolution at the next meeting. CC Bartle wished everyone a Happy Thanksgiving. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole • Spoke about the Pete's Bar Thanksgiving event being one of the area merchants' largest revenue day. Commissioner Kelly • Asked if the tree lighting in Town Center was the only one scheduled. CM Corbin advised there will be a small tree at the Police Station, but not a tree lighting ceremony. Commissioner Norris • Wished everyone a Happy Thanksgiving. Commissioner Waters • Commented about wanting Neptune Beach to be specific with their numbers and looking forward to that conversation. • Questioned whether the food trucks on Mayport Road are permitted. CM Corbin confirmed that they are required by the Department of Health to have all their permits and are spot checked occasionally. • Wished everyone a very restful Thanksgiving. City Manager Corbin • Wished everyone a Happy Thanksgiving. Mayor Glasser • Thanked the Commission for their support of the Legislative Resolutions and Polystyrene Ordinance. • Asked the Commission to come early to the next meeting to sign the Christmas card for the employees. • Wished everyone a Happy Thanksgiving. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:44 p.m. Attest: It, mlo- ,Ja� Donna L. Bartle, City Clerk Date Approved: X 12 -717 -02 -2 - en Glasser, Mayor Regular City Commission November 22, 2021 PROPOSED VISION STATEMENT Nov. 22, 2021 In Atlantic Beach, we are graced by the beauty and function of our natural assets: our beach, our marsh, and our tree canopy. Our citizens and government care about community character and understand the collective action required to preserve it. Our safe neighborhoods, parks, green spaces, active lifestyle and socially linked community support all generations, from young families to those who are aging in place. And our pedestrian -friendly neighborhoods are connected by shady streets and multi -use paths from the marsh to the beach. Board and Committee Member Survey for COAB Vision Statement Citizens are committed to... Government and citizens are... Modern, eco-consciou... Q2 Green infrastructure (Choose 2) Answered: 28 Skipped:0 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100°'o ANSWER CHOICES Citizens are committed to green, energy efficient, and sustainable practices in their homes and businesses Government and citizens are committed to the preservation of the beauty and function of our natural assets: beach, wetlands, and tree canopy Modern, eco -conscious parks and green spaces include amenities and active spaces that serve all ages Total Respondents: 28 ATTACHMENT A 11-22-21 Minutes RESPONSES 42.86% 12 82.14% 23 75.00% 21 ATTACHMENT B 11-22-21 Minutes RESOLUTION N0. 21-61 / COMPLETE STREETS ATTACHMENT B 11-22-21 Minutes Complete streets is a transportation policy and design approach that requires streets to be planned, designed, operated and maintained to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. PE Complete" Streets? Space for Space for Space for PEOPLE _ BIKES CARS Curb ramps, crosswalks, and curb extensions to make it easy for pedestrians to cross streets and access destinations Designated connected routes and low -stress facilities that support people riding bikes, e -bikes and scooters Traffic calming measures and design cues to encourage slower speeds and driver awareness of vulnerable road users Space for Space for MASS SNARED TRANSIT MOBILITY Bus pullouts, shelters, transit -only lanes, and signal priority to create transit -friendly roadways Designated curbside space for shared bike and scooter parking that separates users from traffic, and keeps sidewalks clear and safe ATTACHMENT B 11-22-21 Minutes Space for CREATURE COMFORT Street furniture, parks, public art, lighting and public green spaces that promote gathering and social interaction It ATTACHMENT B 11-22-21 Minutes WHY COMPLETE STREETS POLICY (CSP)? ' Makes COAG safer Priority of Commission and LEED roadmap top 10 recommendations Helps incorporate recommendations from the Connectivity Plan Provides a framework for staff to review projects WHY COMPLETE STREETS POLICY Makes COAB safer Priority of Commission and LEED roadmap top 10 recommendations ATTACHMENT B 11-22-21 Minutes (C S • Helps incorporate recommendations from the Connectivity Plan Provides a framework for staff to review projects ATTACHMENT B 11-22-21 Minutes CSP Whenever possible all transportation projects provide CS Coordination with city depts. (Ping., PW, Police and Engineering) Wherever possible create a network of paths that connect with transit, residential area, commercial areas and schools. Coordinate with other agencies jurisdictions ATTACHMENT B 11-22-21 Minutes CSP Implemented in all Whoods especially high need areas CS reflect with context character of surrounding built environment Those streets not under review by staff for transportation projects— residents can apply for review for complete streets projects ATTACHMENT B 11-22-21 Minutes EXCEPTIONS TO CSP Not permitted by law or other gov. agency Absence of current or future need Cost excessively disproportionate to current future need over the next 20 yrs. Ability to request an exception — must be approved by Commission ATTACHMENT B 11-22-21 Minutes CSP - PERFORMANCE MEASURES - DATA COLLECTION Mileage of new paths (multi -use, sidewalks, trails, etc.) #curb ramps # of new trees # signage (ped./bike) Traffic conflicts with ped./bike # of children walking or biking to school VMT ATTACHMENT B 11-22-21 Minutes REPORTING Baseline for performance measures Summary of transportation projects (emphasis on high need areas) # of new trees # signage (ped./bike) Traffic conflicts with ped./bike # of children walking or biking to school VMT ATTACHMENT B 11-22-21 Minutes APPLICATION FOR PEDESTRIAN AND BICYCLIST SATFEY MEASURESS City D: Atiantic Leach 800 Seminole Road Atlantic Beach. EL 32233 7rrefbllowirvg is a requess. form for pedestrian and.bicyclistsafety measures. Each request must contain the completed information as indicated Each request rrLm provide Ina narne oT the street on whim a sTuav rs requested and the noundanes of Lite street segment. Bounaary limits may change at me discretion of the City. Traffic studies Lvill be conducted witnin the bouno3ries indicated. viease use the street names for boundary limits, no: block ranges. Requested Street: Boundary Area FROM: Boundary Area TO: X.�SiPl� set e►1 _ crr 8rpµr.44titrrri: tNtUlh !►t. >m11i► �trrrr iwMs: 1'' MtM v i to: 15* Avr. a! * �• r Ftwuttditir4 9l<!rNNi4' Arco v`i ATTACHMENT B rr-=-21 Minutes 1. Pedestrian and bicyclist safety measures devices will be available or.iy on residen a, streets carrying fewer than 1,200 vehicles per day. 2. Pedestrian and bicyclist safety measures devices will be available only or, streets .gat h. ave a des ignated sly eed limit of 25 mph as determi ned i n accorda nce %v t±' State Lav' , a n d ^ c rr c re tha n one traffic lane in each direction. 3. Pedestrian and bicyclist safety measures devices will not be installed on any street where 85t" percentile speeds are less than 30 mph. 4. Pedestrian and bicyclist safety measures device: -t, ill not be installed on any street designated as a truck route or a trans it route. 5. Pedestrian and bicyclist. safety measures devices will not be installed on any street as to which there is, in the judgement of the City staff' inadequa`e vertical and horizontal alignment and sight distances to allow for safe instillation. Ci. Pedestrian and bicytclist safety measures devices will not be installed on any street that is a primary access route for emergency vehicles and vmuld cause, in the judgment of the City staff, unacceptable delay in response time to emergencies. 7. Pedestrian and bicyclist safety measures devices will only be installed if 55'3 of the ownus of residences on the proposed street where the pedestrian and bicyclist safety measures devices (tine note per c-.vnership) is proposed. Residents must be registered voters of Atlantic Beach: {papaau aye sated leu04ippe Ii apEui aq heuu wJOJsl41PD saidoo) q eag uelIV yo Sl;;I A pwa s!2a.j aq jsnw w-101 s]41 Oul-u2l s s;u ap! s@H {- adojd Jad ajr4eu2is auo Al uo) T4s Rapajja ay; 2uale sJaumb kpadoid jo %Sc; ;sepal le Ru4uasaJdal Iseal ;e quapsaJ wail ainleu2is aJn3aS at n _ �;;Jf5 2@L;J Ai-1 ��'�.=� W? .:� .! �L � �L: l ' LIOI �dl�k ECi 40� Jo2iau Jno JC; ►�d�ins Jfl{ 10 squapilaJ RUe sJaunAo P;3AISJapLin-Dirvi, -sair4eu2i s jo J ao ur: a paiinbaj aq; aJ n�as of pati uJ q ns aq Aew aged si q; jo saidw leuo4!RRv -V uo Pas u! paq!4u a; = e eaJ a Apn4s aq; u tpm ;snw :Dodd ns jo 4uap!A3 -4san b sitp Jv} pasn aq U23 iJJJ o f patjaE4e aql -we i2oid a4410 uogedpi ped aqp 14 j :Dodd ns po04Mgq2!au Jo. a:)uap{na ap!Acud salnuiw 4Z-ZZ-tL 8 LN3WHOVIIV City of Atlantic Beach Complete Streets Checklist for Staff Project Name: Does the project provide a main route to a significant destiration Street Type: Yes Average Daily Traffic: Explanation and Date of Comment Truck Volumes (estimated percentage'r Design Speed: Land Use: ESTABLISHING PRIORITIES: A "Yes" answer to any of these questions identifies the project as one in ��Iiich high priority and consideration should be provided for; including Compete Sheet Elements Environmental Context and Connectivity (pedesfrran, brc}fcle: apt,{ transit accommodatio s.) Does the project provide a main route to a significant destiration Checklist Consideration Yes No Explanation and Date of Comment Parlor RecreaDDr. Brea School Shopping,'Commercial Area Community facility Gth er ATTACHMENT B 11-22-21 Minutes Does the project provide access across a natural or near. -made barrier? Checklist Consideration Yes No Explanation and Date of Comment Natural feature provide a similar level of On -road trail facil.-1 r,:tan-made feature convenience and connectivib ? ther Other- Dees the project provide continuity or connect vit'y links for an ex,4Eting trail -or a path nete,ork across the cit;.? Checklist Checklist Consideration Yes No Explanation and Date of Comment Off-road trail facility Right -of -'Nagy provide a similar level of On -road trail facil.-1 Utilities convenience and connectivib ? ther Other- Environmenta` Checklist Consideration Yes No Explanation and Date of Comment Are there nearby routes that Explanation and Date of Comment Right -of -'Nagy provide a similar level of Utilities convenience and connectivib ? Environmenta` Constraints Are there constraints to consider in reviewing this project for possible inclusion of Complete Streets elements? Constraint Type Yes No Explanation and Date of Comment Right -of -'Nagy Utilities Environmenta` Funding h.laintenance Existing Condition Other ATTACHMENT B 11-22-21 Minutes COMPLETE STREETS ELEMENT REVIEW: For each of the sections below, indicate whether a Complete Streets Element is or is not included Provide an explanation of the element to be used or rationale why the element is not being included. Pedestrian Facilities (list pedestrian counts - if available) Pedestrian and Bicycle Safety measures Does the roadwa.; design consider elements to improve safesi for pedestrians, bicyclists and motorists? Checklist Consideration Included Not Explanation and Date of Comment Included Narro,.ver dri'v'ing lanes Sidewalks Lane reduction Curb bump -outs Reduced areas Crosswalks Other Pedestrian Facilities (list pedestrian counts - if available) Reduce pedestrian crossing distance at intersections v;here high motor vehicle counts and high pedestrian counts are expected Checklist Included Consideration Not Included Explanation and Date of Comment Pedestrian bridge Sidewalks Curb bump -outs Crosswalks Other Does it provide appropriate pedestrian accommodation in accordance r;ith Atlantic Reach') Checklist Consideration Included In luded Explanation and Date of Comment Sidewalks Crosswalks Mid -block crosswalks Buffers between roadv.ay and sidewalks Lighting Street furniture Other ATTACHMENT B 11-22-21 Minutes ATTACHMENT B 11-22-21 Minutes Budget Has the city budgeted for this project? Checklist Consideration Yes No Explanation and Date of Comment Fart of a larger proposeu construction project Part of a maintenance —budget Other Completes! by: Date: ATTACHMENT C 11-22-21 Minutes November 22, 2021 Honorable Clay Yarborough Florida House of Representatives Chairman, Duval County Legislative Delegation Jacksonville, FL Re: Legislative Priority - Tree Protection City of Atlantic Beach Dear Chairman Yarborough: CITY OF ATLANTIC BEACH OFFICE OF TFiE MAYOR 800 SEMINOLE ROAD ATLANTIC REACH, FLORIDA 32233-5455 www.coab.us Thank you for your past service as Chairman of the Duval Delegation and for engaging faithfully in dialogue about issues of importance for Duval County. Attached is a tree protection resolution for approval by the Atlantic Beach Commission on November 22, 2021. We ask for your support, and that of the Duval County delegation, for state legislation to close loopholes and create standards in current law exemptions from municipal tree ordinances that we believe have and are causing litigation and abuses. In particular, we support the language of Senate Bill 518 that would amend Section 163.045, F.S., enacted in 2019. Since this state law was enacted, cities like Atlantic Beach have watched as some tree service companies have descended into our residential neighborhoods, going door to door, making broad assertions about what presents a danger, and offering immediate removal of apparently healthy trees. This has caused angst, confusion, and misinformation amongst our residents, and clearly conflicts with our municipal tree ordinance. By the time many of these cases reach our radar, and the letter prescribed in the statute is requested, mature trees are cut down and gone forever. Abuse of the existing state law runs afoul of our established mechanisms for tree removal, through mitigation, that are designed to preserve our tree canopy, We are seeing the current statute being cited more and more frequently. In one such example, a case has been pending before our Special Magistrate for several months, and we, along with many residents, are watching it closely. With assurances from a tree service company, new buyers removed twenty trees from their residential property in August 2020, and they were later advised by the City that they needed an after -the -fact permit. Now, more than a year after the trees were cut down, through their attorney, the homeowners have presented the City with a ATTACHMENT C 11.22-21 Minutes declaration from a landscape architect that the majority of these trees presented a danger at the time they were cut. The architect appears not to have inspected the trees in advance or onsite. Photographs are attached to this letter. Clearer statutory language can accomplish the desired intent to serve those property owners who need to remove dead and imminently precarious trees, whether by storm, age, or other circumstance. Of course, if a homeowner seeks to redevelop or accommodate a driveway or landscaping plan, we are more than happy to help them permit such work, under our City code. Amendments, like those offered in SB 518 - to require onsite inspection by a qualified professional and to define danger in terms of tree risk assessment standards - will go a long way to prevent abuses, protect our tree canopy, and recognize that cities can better regulate this locally. If you have any questions, please contact me at eglasser@coab.us, or by phone at (904) 472- 6262. Sincer ly, Ellen Glasser Mayor, City of Atlantic Beach Tree City USA Attachment (1) cc: Delegation Vice- Chair Rep. Cord Byrd Senate President Pro Tempore Aaron Bean Sen. Audrey Gibson Rep. Tracie Davis Rep. Wyman Duggan Rep. Jason Fischer Rep. Angie Nixon ATTACHMENT C 11-22-21 Minutes Example of Loophole under Current Tree Cutting Statute d y • + ':,. � Awl we f 3 f ' t 4 4 NOW .+ r .-.,3f�M" .. i`PW^if xw .r• -. 'f. i°�a,*`'°r�ilw_ .. �!'� Residence before tree cutting - Atlantic Beach, circa July 2020 Twenty trees cut in one day - Atlantic Beach, circa August 2020 ATTACHMENT C 11-22-21 Minutes Agenda Item tf8.6. 22 Nov 2021 RESOLUTION NO. 21-62 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING STATE LEGISLATION 1'0 CLOSE LOOPHOLES AND CREATE STANDARDS IN CURRENT LAW EXEMPTIONS FROM MUNICIPAL TREE ORDINANCES THAT HAVE CAUSED LITIGATION AND ABUSES, INCLUDING THE CLEAR -CUTTING OF LAND PRE -DEVELOPMENT AND THE REMOVAL OF HEALTHY TREES THAT PRESENT LITTLE, IF ANY, RISK TO PERSONS OR STRUCTURES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA GOVER.NOR, THE CITY OF JACKSONVILLE, THE FLORIDA LEAGUE OF CITIES, AND THE DUVAL COUNTY DELEGATION OF THE FLORIDA LEGISLATURE, FOR DISTRIBUTION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the continued protection and maintenance of healthy Florida tree canopies is beneficial for habitat, climate adaptation and mitigation, storm%vater management, quality of life, and community character; and WHEREAS, the City of Atlantic Beach and many other Florida communities utilize tree -protection codes to define their communities' character and standards of life, and local governments should be restored local controls to protect these invaluable natural resources; and WHEREAS, under Section 163.045, Florida Statutes, which was created in 2019 after several hurricanes caused extensive vegetation damage, local governments may not require a notice, application, approval, permit, fee or mitigation for the pruning, trimming or removal of a tree on residential property if the owner obtains documentation from an arborist or a Florida -licensed landscape architect that the tree presents a danger to persons or property; and WHEREAS, this law has left local governments powerless in policing bad actors and caused unnecessary problems for both municipalities and developers; arid, WHEREAS, current law should he amended to apply only to developed single-family residential property, identify industry -appropriate standards for assessing tree risk and identify necessary documentation; and WHEREAS, further, key terms in the 2019 law arc vague and undefined, which has led to conflict and litigation, specifically "danger," "residential property" and "documentation." Section 163.045, Florida Statutes, should be clarified to remove these ambiguities and define these key terms; and WHEREAS, local government is more closely connected to their residents' wishes and needs than the state government, and as such, should be restored the ability to adopt regulations that reflect the values of their respective communities and the desires of their residents; and WHEREAS, the City of Atlantic Beach seeks to preserve and protect borne rule authority for Atlantic Beach and other Florida communities; and WHEREAS, along with Florida League of Cities, the City, of Atlantic Beach supports State legislation to close loopholes and create standards in current law exemptions from municipal tree ordinances that have caused litigation and abuses, including the clear -cutting of land pre -development and the removal of healthy trees that present little, if any, risk to persons or structures. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida: Section 1. Fhat the City Commission of the City of Atlantic Beach supports State legislation to close loopholes and create standards in current law exemptions from municipal tree ordinances that have caused litigation and abuses, including the clear -cutting of land pre -development arid the removal of healthy trees that present little, if any, risk to persons or structures. Page 68 of 150 ATTACHMENT C 11-22-21 Minutes Agenda Item #B.B. 22 Nov 2021 Section 2. that the City Commission directs the City Clerk to transmit a copy of this Resolution to the Floridri Governor, the City of Jacksonville, the F'orida League of Cities, and the Duval County delegation of the Florida Legislature, for distribution. Section 3, lltat all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. ;Section 4. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by [tie City Commission of the City of Atlantic Beach, this 22" day of Noventbet, 2021 Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. burden, City Attorney Resolution No. 21-62 page 2 of 2 Page 69 of 150 ATTACHMENT D 11-22-21 Minutes Ordinance No. 95-21-120 New code language added to Chapter 5 to prohibit the use, sale or distribution of polystyrene foam products on city properties and the beach ATTACHMENT D Polystyrene trademarked Styrofoa'M'-"-y Minutes Styrene is the foundational ingredient used to make polystyrene. It is broadly used in the manufacture of plastics, resins and rubber. The J.S. Environmental Protection Agency (EPA) and the intornntinrnal Agency for Research on Cana have established vrpnp iq ;i nor,,qible human rarrinc, ATTACHMENT D PolvvStyrofoaffi-yst rene trademarked Minutes Not easily recyclable (non -biodegradable and appears to last forever) Common source of plastic pollution k It floats --- means a large amount in the waterways Creates micro -plastic pollution which impacts wildlife and human health (leaches into foods/drinks, soil, etc.) When exposed to sunlight, it creates harmful air pollutants that contaminate landfills and deplete the ozone layer Styrofoam is also made from petroleum, which is a non - sustainable resource, the production of which creates heavy pollution and accelerates climate change 2021 Commission Environmental Leadership priorities is "Establishing plastic -reduction, reuse and recycling standards for individuals and groups utilizing city facilities". Incremental step in reducing the use of plastic at city facilities. ATTACHMENT D Background 11-22-21 Minutes 2021 Commission Environmental Leadership priorities is "Establishing plastic -reduction, reuse and recycling standards for individuals and groups utilizing city facilities". Incremental step in reducing the use of plastic at city facilities. ATTACHMENT D Proposed Ord, 11-22-21 Minutes 2008 - Florida legislature preempted the ability for municipalities to generally ban plastic bags, single -use plastics and polystyrene, however, this preemption does not prohibit the ability to regulate polystyrene products on city owned properties and the beach. Other cities that ban polystyrene on publicly owned lands include; the cities of Orlando, Boca Raton, Fort Lauderdale, Hollywood, Dania Beach, Deerfield Beach and Boynton Beach ATTACHMENT D Pro osed Ord. 11-22-21 Minutes p =¢ Will prohibit the use, sale or distribution of polystyrene foam products on city properties (i.e. parks, buildings, etc.) and the beaches. Does not prohibit the use of these products by individuals in these areas (For example, an individual bringing a Styrofoam container to the park). It will affect concession sales at parks, food trucks on public properties, and special events by private organizations using public spaces (i.e. catered events at Adele Grage Center). - The effective date of January 1, 2022 is intended to allow time for education, outreach, and depletion of supplies.