08-08-22 Regular Commission Meeting Adopted MinutesMINUTES
Regular City Commission Meeting
Monday, August S, 2022 - 6:30 PM
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)
Vanessa Angers, Records Clerk
1 APPROVAL OF MINUTES
1A. Approve minutes of the Regular Commission meeting on February 14, 2022.
1B. Approve minutes of the Special Meeting of the City Commission on July 11, 2022.
1C. Approve minutes of the Special Meeting of the City Commission on August 1, 2022.
Mayor Glasser asked if there were any corrections or changes needed. There were no corrections
to the minutes. Mayor Glasser stated the minutes stand as submitted.
2 COURTESY OF FLOOR TO VISITORS
MOTION: Move Public Comment after Item 2A.
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 5 to 0.
Regular City Commission
August 8, 2022
2A. Recreation Intern Recognition (Mayor Glasser)
Mayor Glasser presented an award recognition to two summer interns that participated in the
Atlantic Beach Summer Internship Program, London Lloyd and Amari Longbell.
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.
Lisa Griffis provided an update on how the cell phone tower on 11th Street affects home values. She
suggested smaller cell phone towers might be a better alternative.
Murray Benz spoke about Autism Awareness and suggested the City of Atlantic Beach start a pilot
program similar to Flagler County's Autism Awareness Program.
Cindy Anderson addressed Ordinance No. 95-22-121, providing notices of trespass. She suggested
the Commission consider opportunities for juveniles to do community service to lift the ban.
Kelly Hampton, on behalf of the Atlantic Beach Athletic Association, addressed concerns about the
non -regulation T -ball field at Jack Russell Park.
2B. Presentation of the Fiscal Year 2020/2021 Audit Report
Finance Director Melissa Burns and Ron Whitesides of Purvis Gray presented a PowerPoint
titled City of Atlantic Beach Audit Results for the Fiscal Year Ended September 30, 2021
(attached hereto and made part of this Official Record as Attachment A).
Attachment A of 8-8-22 Minutes
3 CITY MANAGER REPORTS
3A. Accept the 90 -Day Calendar (Aug. - Oct. 2022)
There was CONSENSUS to accept the 90 -Day calendar.
3B. Main Street Traffic Calming
CM Corbin and Planning and Community Development Director (PCDD) Amanda Askew
presented an alternative option (Option 3) regarding traffic calming solutions on Main Street.
PCDD Askew answered questions from the Commission and offered clarification regarding the
proposed plan.
Mayor Glasser asked for an option to be considered regarding one-sided parking. She asked for
an actual visional picture instead of simple graphics.
The Commission suggested obtaining feedback from the community.
Regular City Commission
August 8, 2022
3C. Paid Parking 18th and 19th Streets
CM Corbin announced the program with Flowbird is up and running. He reported the
implementation of the paid parking program at 18th and 19th Streets in a slide show (which is
attached hereto and made part of this Official Record as Attachment B).
CM Corbin introduced Joe Esparza, Parking Attendant at 18th and 19th Streets. Mr. Esparza
provided highlights of the Paid Parking process and answered questions from the Commission.
Attachment B of 8-8-22 Minutes
3D. Lifeguard Station
CM Corbin and Chief Gualillo provided an update on this item. They reported on the architect
involved in this project, the potential design of the structure, and the functionality of these
modifications. They answered questions from the Commission regarding budgeting and mold
mitigation.
4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4A. Smoking Zones (Mayor Glasser)
Mayor Glasser reported the Governor recently signed a bill permitting cities in Florida to
regulate smoking on beaches and in parks. She explained only one city so far has prohibited
smoking on their beach (Indian Harbor Beach). Other cities, including the City of Atlantic
Beach, are considering prohibiting smoking on the beach.
She invited Kim Meraz and Kelsie McKenna to speak today from Tobacco Free Jacksonville.
They presented statistics on the usage of tobacco products within Duval County and noted the
ambition of Tobacco Free Jacksonville to decrease tobacco use and second-hand smoke
exposure. They focus on tobacco -free parks and beaches and provided two sample model
ordinances (attached hereto and made part of this Official Record as Attachment C).
Discussion ensued about enforcement and designated smoking areas.
Attachment C of 8-8-22 Minutes
4B. City Attorney (Commissioner Bole)
Commissioner Bole mentioned he spoke to CM Corbin about this item after last week's vote.
Commissioner Bole turned it over to CM Corbin to brief everyone on his actions.
CM Corbin provided an update on the process of obtaining an In -House Attorney. A recruitment
process with a checklist was sketched, and a draft job description was written. A possible option
was a part-time position for 3 days a week without an admin assistant or benefits. It would start
at $94,000 annually based on an hourly rate of $75.00.
Commissioner Bole believes it would be a cost-saving measure.
Regular City Commission
August 8, 2022
CM Corbin requested HR Director Cathy Varian to present the job description of the In -House
Attorney.
CA Brenna Durden welcomes the opportunity to sit with CM Corbin and HR Director Varian
and talk to them about it.
Commissioner Bole emphasized the importance of deciding on this since we are in the middle
of budget season, and this decision will affect the budget.
Commissioner Reports
Commissioner Kelly spoke about her meeting with residents on 1 st Street. She believes they
are well organized and united in their pursuit to improve the quality of life on 1 st Street. She
reported they have asked the Commission to alleviate their frustration with the expense of the
property damage they have been experiencing. 1 st Street has been heavily affected by school
traffic and overflow traffic from Town Center. She proposed having the Commission consider
their request for "No -Parking."
CM Corbin requested direction from the Commission regarding parking on 1 st Street. He
explained they could explore the possibility of removing some parking. He added he started a
conversation with Chief Gualillo about adding time limits to the parking spaces in that area.
Mayor Glasser requested that Commissioner Kelly add this to a meeting agenda to address it
properly.
Commissioner Norris thanked FD Burns for the well -organized presentation of the reports.
She requested that Chief Gualillo look into the Autism Awareness Program that was presented.
She also requested to have the Traffic Engineering Project expand to include 1st Street and the
surrounding areas.
Commissioner Waters shared he is glad Commissioner Kelly brought up the residents on 1 st
Street and is ready to help them in whatever he can do.
Mayor Glasser explained that for the last four years, the Commission provided small grants to
organizations that provide senior services in Atlantic Beach. She provided copies of letters for
three organizations and hopes the Commission can extend these grants to BEAM, Dial -A -Ride,
and Neptune Beach Senior Activity Center Foundation. (Attached hereto and made part of this
Official Record as Attachment D).
She shared her opinion regarding the non-smoking platform. She provided a copy of the letter
she has sent to twenty-six (26) restaurants in Atlantic Beach asking those businesses to consider
provisions for smoking outdoors (which is attached hereto and made part of this Official Record
as Attachment E).
She reported that she is working with the City of Jacksonville to receive funding for the Baker
Center to expand its programs to the west side of the City.
Regular City Commission
August 8, 2022
6i
6
7
E:3
She spoke in favor of an Autism Awareness Program and for supporting vulnerable populations
in Atlantic Beach.
Attachment D of 8-8-22 Minutes
Attachment E of 8-8-22 Minutes
UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
CONSENT AGENDA
None.
COMMITTEE REPORTS
There were no Committee reports.
Mayor asked staff to plan a 5 -minute report from ESC, CARAC, and Mayor's Council on Health and
Well -Being at an upcoming Commission meeting.
ACTION ON RESOLUTIONS
8A. RESOLUTION NO. 22-46
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING
AND ACCEPTING THE AMENDED AND RESTATED ACCESS AND DRAINAGE
AND UTILITY EASEMENT AGREEMENT FROM EQUITY ONE (FLORIDA
PORTFOLIO) LLC, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT FOR
DRAINAGE AND RELATED PURPOSES, SUBJECT TO THE TERMS THEREIN;
AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT.
Mayor Glasser read the resolution by title.
CM Corbin presented the photo included in the agenda packet as gave a brief overview of this
resolution. He and CA Durden spoke about the efforts of drainage improvement for Aquatic
Gardens and reported that they, along with the city engineer, have started to negotiate easements
with Equity One, owners of the commercial strip center. CA Durden answered questions.
MOTION. Adopt Resolution No. 22-46.
Motion: Brittany Norris
Second: Bruce Bole
Bruce Bole (Seconded By)
For
Brittany Norris (Moved By)
For
Ellen Glasser
For
Michael Waters
For
Candace Kelly
For
Motion passed 5 to 0.
Regular City Commission
August 8, 2022
9 ACTION ON ORDINANCES
9A. ORDINANCE NO. 95-22-121, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, REPEALING AND REPLACING SECTION 5-33,
ENFORCEMENT OF PARK RULES AND REGULATIONS; PROVIDING FOR A NEW
TITLE; PROVIDING NOTICE REQUIREMENTS AND EXCLUSION PROVISIONS
FOR TRESPASS WARNINGS AND FOR TRESPASS AFTER WARNINGS;
ESTABLISHING AN APPEAL PROCESS; PROVIDING FOR CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the ordinance by title.
CM Corbin provided a brief background of this ordinance. Chief Gualillo explained the need to
update Section 5-33 of the Code of Ordinance and answered questions from the Commission.
The Commission noted the absence of the definition of trespass.
CA Durden clarified the ordinance and explained why no definition of trespass is included. She
highlighted how this ordinance would clarify the procedures Law Enforcement would follow
and who would be authorized to enforce. CA Durden and Chief Gualillo answered questions.
Mayor Glasser expressed concern the wording of the ordinance was not precise. In regards to
Mayor Glasser's concerns regarding Sec. 5-33(a), CA Durden suggested taking out the words
"of the" so it will read "...has committed any offenses...".
MOTION: Approve Ordinance No. 95-22-121 as read by title.
Motion: Michael Waters
Second. Bruce Bole
Ellen Glasser
For
Bruce Bole (Seconded By)
For
Michael Waters (Moved By)
For
Candace Kelly
For
Brittany Norris
For
Motion passed S to 0.
10 MISCELLANEOUS BUSINESS
10A. Records Management Project Update
CM Corbin provided a brief background regarding this item and requested CC Donna Bartle to
present. CC Bartle explained Resolution No. 22-24 was adopted on March 14, 2022, and
outlined a list of objectives to establish best practices for COAB records management.
Regular City Commission
August 8, 2022
CC Bartle presented the slideshow titled, Records Management Project Update, as included in
the agenda packet, and provided an update on the project. She thanked the staff involved and
the Commission for their support.
Mayor Glasser asked if water had ever entered the off-site records storage facility. CC Bartle
responded that there has been no water intrusion since she has managed the storage building.
11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
CA Durden thanked CC Bartle and the City Clerk Staff for persevering and presenting a great report
tonight.
CA Durden provided an update on the Bourdon vs. The City of Atlantic Beach litigation. Just before
this meeting began, the opposing counsel advised CA Durden that his client intends to provide an
additional settlement offer. Therefore, she advised the Commission that another Shade Meeting may be
necessary.
12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Kelly spoke about safety concerns regarding motorized bicycles.
City Manager Corbin thanked Public Works, IT, Police Department, DCM Kevin Hogencamp, and
everyone working on the Paid Parking project. He stated Seminole Road had been repaved. He
mentioned funds were proposed for the Public Works budget in milling and paving to do an updated road
study.
Mayor Glasser thanked CM Corbin for his efforts with the Paid Parking project.
She asked when further discussion could take place regarding the tree case discussed during the Shade
Meeting. CA Durden responded the transcripts and discussion during the shade meetings are not publicly
recorded until the case is over. Eventually, if there was to be a settlement the Commission would like to
entertain and was accepted, the Commission would vote on it at a public meeting.
13 ADJOURNMENT
Mayor Glasser adjourned the meeting at 9:21 p.m.
Attest:
Donna L. Bartle, City Clerk
Date Approved: 41012®,2 3
Bruce Bole, Commissioner
Regular City Commission
August S, 2022
M �wil 9 vi
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t
fit Lngagement — Wn'at Did We Dc
Financial Audit
Financial Statements and Independent Auditor's Report
Internal Controls and Compliance Affecting
Financial Reporting
Examination of Compliance with Florida Statute on
Investment of Public Funds
Attachment A
Auditor's Reports of 8-8-22 Minutes
Auditor's Opinion on Financial • Fairly stated in all material respects
Statements and Notes • Unmodified Opinion ("Clean" Opinion)
Internal Control, Compliance, and No material weaknesses or significant deficiencies in internal control
Other Matters required to be over financial reporting
reported under Government Auditing • No material instances of noncompliance or other matters
Standards
Compliance with F.S. 218.415 • The City complied, in all material respects, with compliance
requirements for local government investments
GRAY
Attachment A
Auditor's Reports of 8-8-22 Minutes
Management Letter in accordance • No current year findings or recommendations
with Chapter 10.550, Rules of the • No finding of financial emergency
Auditor General
PURVIS
GRAY
Attachment A
Significant Estimates and"'JUdgments
• Depreciation Expense and Accumulated Depreciation
• Allowance for Uncollectible Accounts
• Compensated Absences Liability
• Net Pension Liability, Expense and Related Deferred Outflows and Inflows of Resources
• Net OPEB Liability, Expense and Related Deferred Outflows and Inflows of Resources
PURVIS
GRAY
Attachment A
Sig n if i ca nt Audit Matters $_22 Minutes
Accounting Policies • No new accounting matters were adopted during 2021
• No transactions noted for which there is a lack of authoritative
guidance
Financial Statement Disclosures • The disclosures are neutral, consistent, and clear
• Significant disclosures: Pension Plans
Adjustments Detected by the Audit No significant audit adjustments
Process
Difficulties Encountered in No significant difficulties encountered in dealing with management or
Performing the Audit performing the audit
PURVIS
G R AY
Attachment A
2Financial Highlights—Getneral Fund
Revenues
Taxes
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
Other
Total Revenues
Expenditures
General Government
Public Safety
Transportation
Culture and Recreation
Capital Outlay
Total Expenditures
2021 2020
Change
7,620,288
7,183,068
437,220
789,254
905,755
(116,501)
2,388,315
1,997,831
390,484
963,957
759,599
204,358
57,838
52,945
4,893
(82,877)
314,956
(397,833)
$ 11,736,775 $
11,214,154 $
522,621
2,741,504
2,407,069
334,435
6,682,464
6,420,395
262,069
1,247,340
1,384,495
(137,155)
1,089,282
1,209,480
(120,198)
523,464
661,967
(138,503)
$ 12,284,054 $
12,083,406 $
200,648
Net Transfer In (Out) $ 1,491,329 $ 1,341,608 $ 149,721
'Net Change in Fund Balance $ 944,050 $ 472,356 $ 471,694 PURVIS
GRAY
Attachment A
Financial Highlights— Getn2eral Fund
2021
Total Assets
$
8,790,233 $
Total Liabilities
$
838,765 $
Fund Balance
2020 Change
7,867,156 $ 923,077
859,738 $ (20,973)
Nonspendable
77,297
383,102
(305,805)
Assigned
4,068,880
3,700,716
368,164
Unassigned
3,805,291
2,923,600
881,691
Total Fund Balance
$ 7,951,468 $
7,007,418 $
944,050
PURVIS
GRAY
Financial Highlights
Attachment A
—
Enb§rprise`
Funds
Revenues
Utilities
Stormwater
Sanitation
Building Code Enforcement
Total Revenues
2021 2020 Change
9,842,455
898,242
1,946,377
474,977
$ 13,162,051
9,343,735
894,776
1,924,650
370,961
$ 12,534,122
498,720
3,466
21,727
104,016
$ 523,913
Expenses
Personnel
2,574,572
2,663,633
(89,061)
Other Operating Costs
4,761,369
3,103,314
1,658,055
Intergovernmental Charges
1,690,011
1,686,671
3,340
Depreciation
2,586,982
2,571,983
14,999
Total Expenses
$ 11,612,934 $
10,025,601 $
1,587,333
Operating Income
$ 1,549,117 $
2,508,521 $
(1,063,420)
Nonoperating Revenue (Expense)
$ (540,452) $
(209,877) $
(330,575)
Development Charges & Capital Grants $ 312,759 $ 431,653 $ (118,894)
Net Transfers In (Out) $ (1,480,254) $ (1,131,853) $ (348,401) P U RV I S
1,598,444 (1,861,290) GRAY
Attachment A
inuteiFinancial Highlights — Ent§rprse Funds
2021 2020 Change
Assets
Current Assets
14,351,222
13,032,704
1,318,518
Restricted Assets
2,122,551
2,515,606
(393,055)
Capital Assets & Deferred Outflows
35,163,438
37,902,851
(2,739,413)
Total Assets and Deferred Outflows
$ 51,637,211
$ 53,451,161 $
(1,813,950)
Liabilities
Current Liabilities
2,945,000
2,480,798
464,202
Non-current Bonds, Notes and Other
11,366,275
13,106,793
(1,740,518)
Pension, OPEB and related Deferred Inflows
1,485,671
1,864,475
(378,804)
Total Liabilities and Deferred Inflows $
15,796,946
$ 17,452,066 $
(1,655,120)
Net Position
Net Investment in Capital Assets 22,307,257
Restricted 2,250,323
Unrestricted 11,282,685
Total Net Position $ 35,840,265
23,405,942
2,841,843
9,751,310
(1,098,685)
(591,520)
1,531,375
$ 35,999,095 $ (158,830)
PURVIS
GRAY
Attachment A
Financial Highlights — Pensions
Additions
Contributions
Investment Earnings
Total Additions
Deductions
Benefit Payments
Administrative Expenses
General
1,335,813
4,891,454
$ 6,227,267
1,429,936
31,283
Police
1,313,200
2,896,387
$ 4,209,587
693,226
33,983
Total Deductions $ 1,461,219 $ 727,209
'Change Net Position $ 4,766,048
Investment Rate of Return
23.65%
23.67%
PURVIS
GRAY
Attachment A
Highlights FinanciaI —
General
Assets
Cash and Investments 26,535,234
Other Assets 24,493
Total Assets $ 26,559,727
Total Liabilities $ 62,891
Net Assets Held for Pension Benefits $ 26,496,836
Total Pension Liability at 9/30/21 $ 24,901,187
Police
16,483,094
152,169
$ 16,635,263
R
$ 16,635,263
$ 16,284,898
PURVIS
GRAY
Attachment A
of &4-22 Minutes
PURVI AY
CERTIFIED PUBLIC ACCOUNTANTS
purvisgray.com
Attachment B
of B-8-22 Minutes
18 hand 19t" Paid Parking Update
Ab :
COMING SOON
11th STREET BEACH ACCESS
PAID PARKING ENFORCED 9 AM - 5 PM
FRIDAY, SATURDAY, SUNDAY
MARCH THROUGH SEPTEMBER
Everyone must enter plate ID
on the Flowbird app or at a kion
Rate: $1 every 30 minutes
3 -hour race period for registere
At antic Beach residents
No pQ�&after 9 �..
Attachment B
of 8-8-22 Minutes
go
COMING SOON
19th STREET BEACH ACCESS
PAID PARKING ENFORCED 9 AM - 5 PM
FRIDAY, SATURDAY, SUNDAY
HREE HOURS FREE FOR REGISTERED AB RESIDENTS
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COMING SOON
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• Pay -to -park 9 a.m.-5 p m, Fridays, Saturdays & Sundays
March t -Sept. 3tf
• Enter license plate ID and pay through a kiosk or u
the Fiowblyd app
• Rates $1 per each 30 minutes with S12 max
• 3 -hour grace period for registered Atlantic Beach
residents
• One-time Atlantic Beach resident parking registration
www.coab.uslparkingreg,stration
Already registered to park m AS at Beaches Town ten
Then, you're registered to park at 18th/14th Streets.
• No back -in parking
• No parking after 9 p rn.
HOW IS THIS PROGRAM DIFFERENT FROM NORTH
BEACHES/BEACHES TOWN CENTER PARKING?
L
s a seasor,ai program and the hours are limited
e one who arks a vehicle inctudin re istered AB
09-a 35 conn twM 14 shares
Attachment B
of 8-8-22 Minutes
.� Verizon ^ 1143 AM
Attachment B
of 8-8-22 Minutes
Jul 27 4:59 PM a Jul 271:33 PM 13JMD
Map Locations Work
1
Zone 18
fi X
18th Street
r -►Route
I
11:53
Ju128, 2022
$1.35
Attachment B
mer ace Does N of
Illustrate 3 Hrs.
Free in Green
User Must Enter
Plate Number in
Box Titled "Enter
Code," and Push
Check Box
< Flowbird.
IMcZ AM
Jul 28,20U
$1.35
Si� 133MD Shane
0 18th Street (18)
eStandard user
133 M D
Jul 28, 2022 ]ul 28, 2022
09:20 AM 12:20 PM
Price.
3 h Free
Parking time offered: 3 h
Turn on notitications so you stay informed of
your parking
Attachment B
of 8-8-22 Minutes
Plates are Uploaded
are Recognized in
System to Provide 3
hrs. Free
0 Your note
Transaction confirmation
Your payment has been successfully completed.
8
Transaction No.
56610811
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Vehicle
133MD
E
Start time
Thu, Jul 28,11:24
jj
End time
Thu, Jul 28,14:24
8
Rate
Standard user
Code
13JMD
Price
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Done
Attachment B
of "-22 Minutes
Payments are Being
Accepted and
Confirmed in Our
Account
18th Street(18)
11:24 AM 2h 36m i n 02:24 PM
iw� Shane - 13JMD
fg Free
r Iowbir'd. t 1
Attachment B
of 8-8-22 Minutes
App is Tracking Time
on 3 Free Hrs.
Attachment B
of 8-8-22 Minutes
Neptune Beach 30 Mins.
Free in Green our Request Is f
The App To Illustrate
3 Hrs. Free For
°)z°�P
Jul 22% Registered Users In
�.
$2.35
r rw� Green Without
Entering Plate
Numbers in "Enter
Code" Box
/29/2022
Welcome to
Atlantic
You Will Need Your
license date Number
PLE.AsE CHOOSE YOUR PARKING OPTION BEtG!•.
Attachment B
of B-8-22 Minutes
181hStreet Kiosk
Normal Parking Attempt
4:09 PM 1/29/2022
Meter ID: 18th 5`
Welcome to
Atlantic Bead -i
You Will Need Your
License Plate Number
-- -FIRST-3"M i
$1.00 PER 30 MINS.
$1.00 CARD M?!``?T;'.
FRI-SUN, 9:00AP-
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Y
>/
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N
Attachment B
of 8-8-22 Minutes
18th Street Kiosk
Normal Parking Attempt
Rates Need Updating
Remove First 30 Free
Remove $12 Max
A.n4 DM
Attachment B
of 8-8-22 Minutes
18,hStreet Kiosk
Normal Parking Attempt
Verification Failed
Message After
Entering Plate
Number and Hitting
Enter
Attachment B
of 8-8-22 Minutes
This was the receipt after
choosing the Free Time Only
Option and putting in credit card
D F !-% I U 1 1 L/""1 t L
Ga
NOW ACTIVE
THE PROGRAM
• Pay -to -park 9 a.m.-S p.m. Fridays, Saturdays & Sundays
March 1-Sept.30
• Enter license plate ID and pay through a kiosk or using
the Flowbird app
• Rates $1 per each 30 minutes
• 3 -hour grace period for registered Atlantic Beach
residents
• One-time Atlantic Beach resident parking registration:
www.coab. ustparkingregistration
• Already registered to park in AB at Beaches Town Center?
Then. you're registered to park at 18thi19th Streets
• No parkparking
• No parking after 9 p.m.
• 24-hour video surveillance on 181h St
HOW IS THIS PROGRAM DIFFERENT FROM NORTH
BEACHES/BEACHES TOWN CENTER PARKING?
sEveryone who parks a vehicle, including registe,ed AB
1[
pere.
sidents, must check in at a kiosk or on the Flowbird
p, and enter their Ilcense plate number. is riot a 34 -minute arace.nerlod.
Attachment
of 8-8-22 Mind Flowbird.
Enter code � all
�--.
Registered Atlantic Beach Residents
How to get 3 Hours Free Parking via the Flowbird App:
1. Enter Your License Plate Number in the Box Titled
"Enter Code" and
2. Click the Pink Check Box
11:53 AM
Jul 28, 2022
$1.35
3. Then Click Confirm
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. 1
8/5/2022 8/6/2022 8/7/2022 8/5/2022 8/6/2022 8/7/2022
Kiosk Flowbird APP
0 18th St 0 19th St
fil
2.50
M
1.50
m
0.50
Mit
2.32
2.00 m 2.04
2.45
2.32 = 2.37
1.76
8/5/2022 8/6/2022 8/7/2022 8/5/2022 8/6/2022 8/7/2022
Kiosk
0 18th St 0 19th St
Flowbird APP
Attachment B
of 8-8-22 Minutes
18th & 19th Sts. Paid Parking 1st Live Weekend - Total Collected $923
$300.00
$264.00
$250.00
$200.00
$150.00
$100.00
$50.00
$16.00
■ $-
$-
8/5/2022
8/6/2022
Kiosk
5151.00
8/7/2022
■ 18th St ■ 19th St
$- $-
8/5/2022
$190.50
i
8
8/6/2022
Flowbird APP
$205.94
118/7/2022
$500.00
$450.00
$400.00
$350.00
$300.00
$250.00
$200.00
$150.00
$100.00
$50.00
$16.00
8/5/2022
August 5 - 7 18t4fV4="tXrgets Paid Parking
552 88
8/6/2022
■ 18th St ■ 19th St
817/2022
}42.6°.
Attachment C
of 8-8-22 Minutes
MODEL FLORIDA TOBACCO -FREE OUTDOOR ORDINANCE
In June 2022, Governor DeSantis signed legislation that grants city and county governments the
ability to ban smoking at public parks and beaches. This new law could potentially impact
Florida's 67 county park systems and more than 400 city park systems. This model ordinance
includes a number of provisions a local government may choose to adopt in order to ban
smoking at public parks and beaches and to further advance public health.
A city or county planning to adopt this model ordinance, in whole or in part, should review it with
its attorney beforehand to determine suitability. While the model ordinance language can be
modified by adding or omitting content concerning activities that a city or county does or does
not seek to regulate, doing so may result in an ordinance that does not conform to state law,
federal law, and best public health policy practices,
Because provisions within this model ordinance are controlled by statute and rule, the city or
county attorney should review any modifications to ensure they conform to state and federal
law. The Public Health Law Center provides legal technical assistance to help communities that
wish to adopt commercial tobacco control ordinances. We encourage communities to contact us
for assistance when considering this model language.
Notice
In order to properly adopt an ordinance, cities and counties in Florida must follow specific
processes set out in state statute. Section 125.66 sets out the process for counties; Section
166.041 sets out the process for other municipalities. These statutes include requirements for
notice, publication, and form.
TiDs for Usina This Model Ordinance
The best possible world is one without the death and health harms associated with commercial
tobacco use. Communities differ on their readiness and willingness to adopt certain commercial
tobacco control policies that are intended to help make that world a reality. As such, this model
ordinance represents a balance between state minimum standards, best public health policy
practices, and practicality for local governments in Florida. This model ordinance contains
several policy components that go beyond state minimum requirements and communities may
or may not choose to adopt at this time
While the Public Health Law Center does not lobby, advocate, or directly represent
communities, adopting effective commercial tobacco control policies starts early with education,
stakeholder and community engagement, and a strong advocacy plan. If a community is
unaware of the resources available to them for engaging the community and developing an
advocacy plan, or if a city or county is considering adopting an ordinance and is interested in
learning about the range of resources available, the Public Health Law Center can provide
assistance through our publications and referrals to experts in the field. In certain, limited
Attachment C
of 8-8-22 Minutes
circumstances, Public Health Law Center staff may be able to speak at public hearings or work
sessions to provide education about particular policy options.
[Disclaimer]
The Public Health Law Center provides information and legal technical assistance on issues
related to public health. The Center does not lobby nor does it provide direct legal
representation or advice. This document should not be considered legal advice.
Section 1. FINDINGS.
Section 2. DEFINTIONS.
Section 3. PROHIBITION OF TOBACCO USE IN RECREATIONAL AREAS.
Section 4. OTHER REQUIRMENTS AND PROHIBITIONS,
Section 5. PENALTIES AND ENFORCEMENT.
Section 6. STATUTORY CONSTRUCTION & SEVERABILITY.
ORDINANCE NO. [ l
AN ORDINANCE OF THE [BOARD OF COUNTY COMMISSIONERS OF COUNTY,
FLORIDA / CITY COUNCIL OF , FLORIDA], PROHIBITING SMOKING AND VAPING
IN PUBLIC PARKS AND BEACHES WITHIN THE [CITY/COUNTY]
SECTION 1. FINDINGS
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health
threat, as evidenced by the following:
• The World Health Organization (WHO) estimates that tobacco kills up to half of its users,
amounting to more than 8 million deaths each year worldwide, including nearly half a
million people who die prematurely from smoking in the United States alone';
• Tobacco use causes disease in nearly all organ systems and is responsible for an
estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79%
of all chronic obstructive pulmonary disease deaths in the United States2;
• The estimated economic damage attributable to smoking and exposure to secondhand
smoke in the United States is nearly $300 billion annually';
1 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50
Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of
Health and Human Services, Centers for Disease Control and Prevention, National Center
for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health.
2014. Available at:
https://www.ncbi.nim.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf.
IN
Attachment C
of 8-8-22 Minutes
Despite significant progress, tobacco use remains the leading cause of preventable
death and disease in the United States',
Specifically, in Florida, 29.4% of cancer related deaths are attributable to smoking.s
Electronic vapor products have been found to contain nicotine, lead, formaldehyde, and
thousands of other chemicals. These products damage DNA and harm parts of the brain
responsible for learning and mental health.'
WHEREAS, secondhand smoke exposure is harmful and widespread, as evidenced by the
following:
• Children exposed to secondhand tobacco smoke have an increased risk of sudden
infant death syndrome, asthma, physical and cognitive developmental abnormalities,
and cancer;
• The 2006 U.S. Surgeon General's report, "The Health Consequences of Involuntary
Exposure to Tobacco Smoke," concluded that there is no safe level of exposure to
secondhand smoke;
• The World Health Organization in 2007 declared that there is indisputable evidence that
implementing 100% smoke-free environments is the only effective way to protect the
population from the harmful effects of exposure to secondhand smoke;
• In Florida, 59% of children between ages 11 and 17 report being exposed to
secondhand smoke from cigarettes or electronic vapor products;
WHEREAS, there is emerging evidence that exposure to the aerosol produced by a vapor -
generating electronic device may be harmful, as evidenced by the following:
• E -cigarettes produce an aerosol that contains at least ten chemicals known to cause
cancer, birth defects, or other reproductive harm.
• Bystanders exposed to e -cigarette aerosol can also absorb its nicotine.
• The aerosol is made up of a high concentration of ultrafine particles, and the particle
concentration is higher than in conventional tobacco cigarette smoke.
• Exposure to fine and ultrafine particles may exacerbate respiratory ailments like asthma,
and constrict arteries which could trigger a heart attack.
WHEREAS, tobacco waste is a major, consequential, and persistent source of litter, as
evidenced by the following:
• The roughly 6.3 trillion cigarettes smoked globally each year result in 300 billion packs
that produce almost 2 million tons of wastepaper, cellophane, foil, and glue as well as
trillions of butts littered across roadways, sidewalks, parks, and other green spaces';'
Id.
5 State proportion of cancer deaths attributable to smoking from Lortet-Tieulent, J, et al., "State -Level Cancer Mortality
Attributable to Cigarette Smoking in the United States," JAMA Internal Medicine, published online October 24, 2016.
9 Tehrani at al., 2021; Williams, at al., 2019; Romberg at al., 2019; Ogunwale at al., 2017; Latvala at al., 2014;
National Institute on Drug Abuse, 2020.
' Novotny TE, Lum K, Smith E, Wang V, Barens R. Cigarettes Butts and the Case for an Environmental Policy on
Hazard- ous Cigarette Waste. Int J Environ Res Public Health. 2009;6(5):1691-1705. doi: 10.3390/ijerph6051691.
Attachment C
of 8-8-22 Minutes
• Both tobacco industry and peer-reviewed research found that most smokers admit
littering their cigarette butts9,53,54 for example, one study found 74.1% of smokers
admitted littering cigarette butts at least once in their life and 55.7% admitted to littering
them in the past month";
• In an observational study of nearly 10,000 individuals, 65% of smokers disposed of their
cigarette butts as litter";
• Cigarette butts are perennially the most common form of litter collected during cleanup
programs worldwide. For example, in 2018, cigarette butts made up nearly 16% of all
litter collected through cleanup programs in the U.S. (809,538 out of 5,106,515 items)
• Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm
drains that flow into streams, rivers, bays, lagoons, and ultimately the ocean 12;
• As of August 2019, the U.S. Environmental Protection Agency recognizes nicotine -
containing electronic smoking devices as acute hazardous waste when disposed
properly13;
WHEREAS, cigarette butts, smokeless tobacco, and electronic smoking devices pose a
health threat of poisoning to young children, as evidenced by the following:
In 2018, American poison control centers logged nearly 13,000 cases involving exposure
to cigarettes, cigarette butts, electronic smoking devices, or other tobacco products, and
of these, more than 10,000 (79.0%) occurred in children aged 5 years and younger 14;
Among the 10,266 cases of nicotine and tobacco product exposure recorded in 2018
among children 5 years of age and younger by American poison control centers, 50.3%
involved cigarettes, 18.4% involved electronic smoking devices, and 8.0% involved other
tobacco products15;
The annual number of electronic cigarette exposure cases among children less than 5
years of age reported to American poison control centers increased from 10 in 2010 to
1,835 in 2018, a 14,015% increase16; and
9 Novotny TE, Aguinaga Bialous S, Burt L, et al. The environmental and health Impacts of tobacco agriculture,
cigarette manufacture and consumption. Bull World Health Organ. 2015;93(12):877-880. doi:
10.2471 /B LT.15.152744.
6 Smith EA, Novotny TE, Whose Butt Is It? Tobacco Industry Research About Smokers and Cigarette Butt Waste.
Tob Control. 2011;20(Suppl 1):i2-9. doi: 10.1136/tc.2010.040105.
10 Rath JM, Rubenstein R a, Curry LE, Shank SE, Cartwright JC. Cigarette litter: Smokers' attitudes and behaviors. Int
J Environ Res Public Health. 2012;9(6):2189-203. dol: 10.3390/ijerph9062189.
" Id.
" Novotny TE, Lum K, Smith E, Wang V, Barens R. Cigarettes Butts and the Case for an Environmental Policy on
Hazard- ous Cigarette Waste. Int J Environ Res Public Health. 2009;6(5):1691-1705. doi: 10.3390/ijerph6051691
" Resource Conservation and Recovery Act; EPA Management Standards for Hazardous Waste Pharmaceuticals
and Amend- ment to the P075 Listing for Nicotine, 84 Fed. Req. § 5816 (August 21, 2019) (to be codified at 40 C.F.R.
pt. 266(p)).
"Gummin DD, Mowry JB, Spyker DA, et al. 2018 Annual Report of the American Association of Poison Control
Centers' National Poison Data System (NPDS): 36th Annual Report. Clin Toxicol. 2019;57(12):1220-1413. doi:
10.1080/15563650.2019.1677022.
15 Id.
Attachment C
of 8-8-22 Minutes
• Children who ingest tobacco products can experience vomiting, nausea, lethargy, and
gagging, with e -liquids potentially posing a greater risk of toxicity or fatality through either
ingestion or transdermal absorption";
WHEREAS, Florida cities and counties have the legal authority to adopt local laws that prohibit
smoking in public parks and beaches.
NOW THEREFORE, in order to provide for the public health, safety, and welfare, reduce
unwanted and unwelcome exposure to secondhand smoke, assure cleaner and more hygienic
parks and beaches for [county/city] its residents and visitors, it is the intent of the [County
Board of Supervisors/City Council] , in enacting this ordinance, to prohibit smoking in parks and
beaches which are used by or open to the public and to prohibit smoking waste in those areas
thereby affirming and promoting a healthy environment in [county/city].
Sec. [ (*2) ]. DEFINITIONS. The following words and phrases, whenever used in this [
article / chapter ] shall have the meanings defined in this section unless the context clearly
requires otherwise:
(a) "Beach" means the publicly owned zone of unconsolidated material that extends landward
from the mean low-water line to the place where there is marked change in material or
physiographic form, or to the line of permanent vegetation, usually the effective limit of storm
waves. "Beach" includes a shore of a body of water covered by sand, gravel, or larger rock
fragments.
(b) "Electronic Smoking Device" means an electronic device that may be used to deliver any
aerosolized or vaporized substance to the person Inhaling from the device, including, but not
limited to, an e -cigarette, e -cigar, a -pipe, vape pen, or e -hookah.
(c) "Park" means all public property specifically designated as being used for outdoor
recreational or park purposes and where children regularly congregate." Outdoor recreational or
park purposes" includes, but is not limited to, boating, golfing, camping, swimming, horseback
riding, and archaeological, scenic, or scientific sites and applies only to land which is open to
the general public.
(d) "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco
product, including cigarettes, filtered cigars, pipe tobacco, and any other lighted tobacco product
whether natural or synthetic. "Smoking" also means using an electronic smoking device or any
other plant product intended for inhalation, including hookah and marijuana. For the purposes of
this policy only, smoking does not include the use of unfiltered cigars (pursuant to Florida
Statute XXX.XX).
(e) "Tobacco Product' means:
'B Wang B, Liu S, Peroskie A. Poisoning Exposure Cases Involving E -Cigarettes and E -Liquid in the United States,
2010- 2018. Clin Toxicol. 2020;58(6):488-494. doi: 10.1080/15563650.2019.
" Chang JT, Rostron BL. Electronic Nicotine Delivery System (ENDS) Liquid Nicotine Exposure in Young Children
Present- ing to US Emergency Departments, 2018. Inj Epidemiol. 2019;6:43. doi: 10.1186/s40621-019-0219-6.
Attachment C
of 8-8-22 Minutes
(1) any product containing, made, or derived from tobacco, nicotine or nicotine analogues that is
intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or
ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco,
chewing tobacco, snuff, or snus;
(2) any electronic smoking device as defined in this [article/chapter] and any substances that
may be aerosolized or vaporized by such device, whether or not the substance contains
nicotine; or
(3) any component, part, accessory, of (1) or (2), whether or not any of these contains tobacco
or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and
pipes.
"Tobacco Product" does not mean drugs, devices, or combination products authorized for sale
by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act.
(f) "Tobacco Product Waste" means any material that is left over and regularly intended to be
discarded after the use or consumption of a tobacco product. Tobacco Product Waste includes,
but is not limited to, discarded cigarette butt filters, cigar or cigarillo tips, cigarette packs, cigar or
cigarillo wrappers, electronic smoking devices of all types, electronic smoking device cartridges
or refill containers, plastic packaging, foil, or other disposable tobacco product remnants or
tobacco product packaging in any form.
(g) "Vaping" means the inhaling, exhaling, or holding of an activated electronic smoking device.
Sec. ( (*3) ). PROHIBITION OF TOBACCO USE IN RECREATIONAL AREAS.
(a) Smoking and the use of all other tobacco products is prohibited in all parks and beaches
within [County/City]. Unfiltered cigars are exempted under 386.209, Florida Statutes.
Sec. [ (*4) ]. OTHER REQUIREMENTS AND PROHIBITIONS.
(a) No person shall dispose of tobacco product waste in any park or beach.
(b) [The County/City manager or their designee] shall post at least one clear, conspicuous and
unambiguous "No Smoking or Vaping" sign at each point of ingress to the area, and in at least
one other conspicuous location where individuals congregate (such as restrooms, playgrounds,
or buildings) within each recreational area. For purposes of this section, the [County/City
Manager or their designee] shall be responsible for the posting of signs in regulated facilities
owned or leased in whole or in part by the [County/City]. Notwithstanding this provision, the
presence or absence of signs shall not be a defense to a charge of smoking in violation of any
other provision of this ordinance.
Sec. [ (*5) ]. COMPLIANCE AND ENFORCEMENT.
Attachment C
of 8-8-22 Minutes
The success of this policy depends on the consideration and cooperation of both tobacco -users
and non-users. Individuals acting in violation of this policy will be reminded and asked to
comply. Individuals who violate this policy may be asked to leave the park or beach.
Enforcement and fines for violation of this section shall be in accordance with ordinance #XXX.`
Sec. [ (*6 ]. STATUTORY CONSTRUCTION & SEVERABILITY.
If any section, subsection or provision of this ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections or
provisions of this ordinance or its application to any other person or circumstance. [The Board of
County Commissioners/City Council] hereby declares that it would have adopted each section,
subsection or provision hereof independently, irrespective of the fact that any one or more other
sections, subsections or provisions hereof be declared invalid or unenforceable.
EFFECTIVE DATE
This policy shall take effect on
*TIPS FOR EQUITABLE ENFORCMENT
Clear and accessible signage is a key to a successful enforcement strategy. Posting signs
throughout parks and beaches will serve as a reminder to visitors, and a deterrent. Additionally,
Criminal penalties as punishment for violation of this ordinance are strongly discouraged.
Limiting law enforcement involvement with enforcement may be an equity measure for
communities that are historically overpoliced. Lastly, if there are any fine structures or
community service penalties in place, those accused of violating the ordinance should have Due
Process rights and communities may consider a graduated enforcement scheme where fines
are minimal (i.e warning first, removal from park or beach second, minimal fine imposed as a
last resort).
Attachment C
of 8-8-22 Minutes
MODEL FLORIDA TOBACCO -FREE OUTDOOR ORDINANCE
(WITH VAPOR GENERATING DEVICES SEPERATLY DEFINED)ln June 2022, Governor
DeSantis signed legislation that grants city and county governments the ability to ban smoking
at public parks and beaches. This new law could potentially impact Florida's 67 county park
systems and more than 400 city park systems. This model ordinance includes a number of
provisions a local government may choose to adopt in order to ban smoking and vaping at
public parks and beaches and to further advance public health.
A city or county planning to adopt this model ordinance, in whole or in part, should review it with
its attorney beforehand to determine suitability. While the model ordinance language can be
modified by adding or omitting content concerning activities that a city or county does or does
not seek to regulate, doing so may result in an ordinance that does not conform to state law,
federal law, and best public health policy practices.
Because provisions within this model ordinance are controlled by statute and rule, the city or
county attorney should review any modifications to ensure they conform to state and federal
law. The Public Health Law Center provides legal technical assistance to help communities that
wish to adopt commercial tobacco control ordinances. We encourage communities to contact us
for assistance when considering this model language.
Notice
In order to properly adopt an ordinance, cities and counties in Florida must follow specific
processes set out in state statute. Section 125.66 sets out the process for counties; Section
166.041 sets out the process for other municipalities. These statutes include requirements for
notice, publication, and form.
Tips for Using This Model Ordinance
The best possible world is one without the death and health harms associated with commercial
tobacco use. Communities differ on their readiness and willingness to adopt certain commercial
tobacco control policies that are intended to help make that world a reality. As such, this model
ordinance represents a balance between state minimum standards, best public health policy
practices, and practicality for local governments in Florida. This model ordinance contains
several policy components that go beyond state minimum requirements and communities may
or may not choose to adopt at this time
While the Public Health Law Center does not lobby, advocate, or directly represent
communities, adopting effective commercial tobacco control policies starts early with education,
stakeholder and community engagement, and a strong advocacy plan. If a community is
unaware of the resources available to them for engaging the community and developing an
advocacy plan, or if a city or county is considering adopting an ordinance and is interested in
learning about the range of resources available, the Public Health Law Center can provide
assistance through our publications and referrals to experts in the field. In certain, limited
Attachment C
of 8-8-22 Minutes
circumstances, Public Health Law Center staff may be able to speak at public hearings or work
sessions to provide education about particular policy options.
[Disclaimer]
The Public Health Law Center provides information and legal technical assistance on issues
related to public health. The Center does not lobby nor does it provide direct legal
representation or advice. This document should not be considered legal advice.
Section 1. FINDINGS.
Section 2. DEFINTIONS.
Section 3. PROHIBITION OF TOBACCO USE IN RECREATIONAL AREAS.
Section 4. OTHER REQUIRMENTS AND PROHIBITIONS.
Section 5. PENALTIES AND ENFORCEMENT.
Section 6. STATUTORY CONSTRUCTION & SEVERABILITY.
ORDINANCE NO. [ l
AN ORDINANCE OF THE [BOARD OF COUNTY COMMISSIONERS OF COUNTY,
FLORIDA / CITY COUNCIL OF , FLORIDA], PROHIBITING SMOKING AND VAPING
IN PUBLIC PARKS AND BEACHES WITHIN THE [CITY/COUNTY]
SECTION 1. FINDINGS
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health
threat, as evidenced by the following:
• The World Health Organization (WHO) estimates that tobacco kills up to half of its users,
amounting to more than 8 million deaths each year worldwide, including nearly half a
million people who die prematurely from smoking in the United States alone';
• Tobacco use causes disease in nearly all organ systems and is responsible for an
estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79%
of all chronic obstructive pulmonary disease deaths in the United States2;
• The estimated economic damage attributable to smoking and exposure to secondhand
smoke in the United States is nearly $300 billion annually';
1 U,S. Department of Health and Human Services. The Health Consequences of Smoking: 50
Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of
Health and Human Services, Centers for Disease Control and Prevention, National Center
for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health.
2014. Available at:
hftps://www.ncbi.nim.nih.gov/books/NBKI 79276/pdf/Bookshelf—NBK179276.pdf.
Attachment C
of 8-8-22 Minutes
Despite significant progress, tobacco use remains the leading cause of preventable
death and disease in the United States',
Specifically, in Florida, 29.4% of cancer related deaths are attributable to smoking.'
Electronic vapor products have been found to contain nicotine, lead, formaldehyde, and
thousands of other chemicals. These products damage DNA and harm parts of the brain
responsible for learning and mental health.'
WHEREAS, secondhand smoke exposure is harmful and widespread, as evidenced by the
following:
• Children exposed to secondhand tobacco smoke have an increased risk of sudden
infant death syndrome, asthma, physical and cognitive developmental abnormalities,
and cancer;
• The 2006 U.S. Surgeon General's report, "The Health Consequences of Involuntary
Exposure to Tobacco Smoke," concluded that there is no safe level of exposure to
secondhand smoke;
• The World Health Organization in 2007 declared that there is indisputable evidence that
implementing 100% smoke-free environments is the only effective way to protect the
population from the harmful effects of exposure to secondhand smoke;
• In Florida, 59% of children between ages 11 and 17 report being exposed to
secondhand smoke from cigarettes or electroni(3 vapor products;
WHEREAS, there is emerging evidence that exposure to the aerosol produced by a vapor -
generating electronic device may be harmful, as evidenced by the following:
• E -cigarettes produce an aerosol that contains, at least ten chemicals known to cause
cancer, birth defects, or other reproductive harm.
• Bystanders exposed to e -cigarette aerosol can also absorb its nicotine.
• The aerosol is made up of a high concentration of ultrafine particles, and the particle
concentration is higher than in conventional tobacco cigarette smoke.
• Exposure to fine and ultrafine particles may exacerbate respiratory ailments like asthma,
and constrict arteries which could trigger a heart attack.
WHEREAS, tobacco waste is a major, consequential, and persistent source of litter, as
evidenced by the following:
• The roughly 6.3 trillion cigarettes smoked globally each year result in 300 billion packs
that produce almost 2 million tons of wastepaper, cellophane, foil, and glue as well as
trillions of butts littered across roadways, sidewalks, parks, and other green spaces';'
Id.
6 State proportion of cancer deaths attributable to smoking from Lortet-Tieulent, J, et al., "State -Level Cancer Mortality
Attributable to Cigarette Smoking in the United States," JAMA Internal Medicine, published online October 24, 2016.
9 Tehrani et al., 2021; Williams, at al., 2019; Romberg et al., 2019; Ogunwale et al., 2017; Latvala et al., 2014;
National Institute on Drug Abuse, 2020.
' Novotny TE, Lum K, Smith E, Wang V, Barens R. Clgarettes Butts and the Case for an Environmental Policy on
Hazard- ous Cigarette Waste. Int J Environ Res Public Health. 2009;6(5):1691-1705. doi: 10.3390/Jerph6051691.
Attachment C
of 8-8-22 Minutes
• Both tobacco industry and peer-reviewed research found that most smokers admit
littering their cigarette butts9,53,54 for example, one study found 74.1 % of smokers
admitted littering cigarette butts at least once in their life and 55.7% admitted to littering
them in the past month";
• In an observational study of nearly 10,000 individuals, 65% of smokers disposed of their
cigarette butts as litter";
• Cigarette butts are perennially the most common form of litter collected during cleanup
programs worldwide. For example, in 2018, cigarette butts made up nearly 16% of all
litter collected through cleanup programs in the U.S. (809,538 out of 5,106,515 items)
• Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm
drains that flow into streams, rivers, bays, lagoons, and ultimately the ocean 12;
• As of August 2019, the U.S. Environmental Protection Agency recognizes nicotine -
containing vapor -generating electronic devices as acute hazardous waste when
disposed properly";
WHEREAS, cigarette butts, smokeless tobacco, and vapor -generating electronic devices
pose a health threat of poisoning to young children, as evidenced by the following:
In 2018, American poison control centers logged nearly 13,000 cases involving exposure
to cigarettes, cigarette butts, vapor -generating electronic devices, or other tobacco
products, and of these, more than 10,000 (79.0%) occurred in children aged 5 years and
younger";
Among the 10,266 cases of nicotine and tobacco product exposure recorded in 2018
among children 5 years of age and younger by American poison control centers, 50.3%
involved cigarettes, 18.4% involved vapor -generating electronic devices, and 8.0%
involved other tobacco products15;
The annual number of electronic cigarette exposure cases among children less than 5
years of age reported to American poison control centers increased from 10 in 2010 to
1,835 in 2018, a 14,015% increase1e; and
9 Novotny TE, Aguinaga Bialous S, Burt L, at al. The environmental and health impacts of tobacco agriculture,
cigarette manufacture and consumption. Bull World Health Organ. 2015;93(12):877-880. doi:
10.2471 /BLT.15.152744.
6 Smith EA, Novotny TE. Whose Butt Is It? Tobacco Industry Research About Smokers and Cigarette Butt Waste
Tob Control. 2011;20(Suppl 1):i2-9. doi: 10.1136/tc.2010.040105.
0 Rath JM, Rubenstein R a, Curry LE, Shank SE, Cartwright JC. Cigarette litter: Smokers' attitudes and behaviors. Int
J Environ Res Public Health. 2012;9(6):2189-203. doi:10.3390/ijerph9062189.
illlifft:f
" Novotny TE, Lum K, Smith E, Wang V, Barens R. Cigarettes Butts and the Case for an Environmental Policy on
Hazard- cus Cigarette Waste. Int J Environ Res Public Health. 2009;6(5):1691-1705. doi: 10.3390Iijerph6051691
" Resource Conservation and Recovery Act; EPA Management Standards for Hazardous Waste Pharmaceuticals
and Amend- ment to the P075 Listing for Nicotine, 84 Fed. Req. §15816 (August 21, 2019) (to be codified at 40 C.F.R.
pt. 266(p)).
"Gummin DD, Mowry JB, Spyker DA, at al. 2018 Annual Report of the American Association of Poison Control
Centers' National Poison Data System (NPDS): 36th Annual Report. Clin Toxicol. 2019;57(12):1220-1413. doi:
10.1080/15563650.2019.1677022.
ECI
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• Children who ingest tobacco products can experience vomiting, nausea, lethargy, and
gagging, with e -liquids potentially posing a greater risk of toxicity or fatality through either
ingestion or transdermal absorption";
WHEREAS, Florida cities and counties have the legal authority to adopt local laws that prohibit
smoking in public parks and beaches.
NOW THEREFORE, in order to provide for the public health, safety, and welfare, reduce
unwanted and unwelcome exposure to secondhand smoke and the secondhand aerosol
produced by vapor -generating electronic devices, assure cleaner and more hygienic parks and
beaches for [county/city] its residents and visitors, it is the intent of the [County Board of
Supervisors/City Council] , in enacting this ordinance, to prohibit smoking and vaping in parks
and beaches which are used by or open to the public and to prohibit smoking and vaping waste
in those areas thereby affirming and promoting a healthy environment in [county/city].
Sec. [ (*2) ]. DEFINITIONS. The following words and phrases, whenever used in this [
article / chapter ] shall have the meanings defined in this section unless the context clearly
requires otherwise:
(a) "Beach" means the publicly owned zone of unconsolidated material that extends landward
from the mean low-water line to the place where there is marked change in material or
physiographic form, or to the line of permanent vegetation, usually the effective limit of storm
waves. "Beach" includes a shore of a body of water covered by sand, gravel, or larger rock
fragments.
(b) "Vapor -generating Electronic Device" means an electronic device that may be used to deliver
any aerosolized or vaporized substance to the person inhaling from the device, including, but
not limited to, an e -cigarette, e -cigar, e -pipe, vape pen, or e -hookah.
(c) "Park" means all public property specifically designated as being used for outdoor
recreational or park purposes and where children regularly congregate." Outdoor recreational or
park purposes" includes, but is not limited to, boating, golfing, camping, swimming, horseback
riding, and archaeological, scenic, or scientific sites and applies only to land which is open to
the general public.
(d) "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted or heated
tobacco product, including cigarettes, filtered cigars, pipe tobacco, and any other lighted or
heated tobacco product whether natural or synthetic.. For the purposes of this policy only,
smoking does not include the use of unfiltered cigars (pursuant to Florida Statute XXX.XX).
(e) "Tobacco Product' means:
18 Wang B, Liu S, Peroskie A. Poisoning Exposure Cases Involving E -Cigarettes and E -Liquid in the United States,
2010- 2018. Clin Toxicol. 2020;58(6):488-494. dol: 10.1080/15563650.2019.
11 Chang JT, Rostron BL. Electronic Nicotine Delivery System (ENDS) Liquid Nicotine Exposure in Young Children
Present- ing to US Emergency Departments, 2018. Inj Epidemlol. 2019;6:43. doi: 10.1186/s40621-019-0219-6.
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(1) any product containing, made, or derived from tobacco, nicotine or nicotine analogues that is
intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or
ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco,
chewing tobacco, snuff, or snus;
(2) any vapor -generating electronic device as defined in this [article/chapter] and any
substances that may be aerosolized or vaporized by such device, whether or not the substance
contains nicotine; or
(3) any component, part, accessory, of (1) or (2), whether or not any of these contains tobacco
or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and
pipes.
"Tobacco Product" does not mean drugs, devices, or combination products authorized for sale
by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act.
(f) "Tobacco Product Waste" means any material that is left over and regularly intended to be
discarded after the use or consumption of a tobacco product. Tobacco Product Waste includes,
but is not limited to, discarded cigarette butt filters, cigar or cigarillo tips, cigarette packs, cigar or
cigarillo wrappers, vapor -generating electronic devices of all types, vapor -generating electronic
device cartridges or refill containers, plastic packaging, foil, or other disposable tobacco product
remnants or tobacco product packaging in any form.
(g) "Vape" or "vaping" means to inhale or exhale vapor produced by a vapor -generating electronic
device or to possess a vapor -generating electronic device while that device is actively employing an
electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine
product or any other substance. The term does not include the mere possession of a vapor -generating
electronic device.
Sec. [ (*3) ]. PROHIBITION OF SMOKING AND VAPING IN RECREATIONAL AREAS.
(a) Smoking and the use of all other tobacco products is is prohibited in all parks and beaches
within [County/City]. Unfiltered cigars are exempted under 386.209, Florida Statutes.
Sec. [ (*4) ]. OTHER REQUIREMENTS AND PROHIBITIONS.
(a) No person shall dispose of tobacco product waste in any park or beach.
(b) [The County/City manager or their designee] shall post at least one clear, conspicuous and
unambiguous "No Smoking or Vaping" sign at each point of ingress to the area, and in at least
one other conspicuous location where individuals congregate (such as restrooms, playgrounds,
or buildings) within each recreational area. For purposes of this section, the [County/City
Manager or their designee] shall be responsible for the posting of signs in regulated facilities
owned or leased in whole or in part by the [County/City]. Notwithstanding this provision, the
presence or absence of signs shall not be a defense to a charge of smoking or vaping in
violation of any other provision of this ordinance.
Attachment C
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Sec. [ (*5) ]. COMPLIANCE AND ENFORCEMENT.
The success of this policy depends on the consideration and cooperation of both tobacco -users
and non-users. Individuals acting in violation of this policy will be reminded and asked to
comply. Individuals who violate this policy may be asked to leave the park or beach.
Enforcement and penalties for violation of this section shall be in keeping with ordinance #XXX.*
Sec. [ (*6 ]. STATUTORY CONSTRUCTION & SEVERABILITY.
If any section, subsection or provision of this ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections or
provisions of this ordinance or its application to any other person or circumstance. [The Board of
County Commissioners/City Council] hereby declares that it would have adopted each section,
subsection or provision hereof independently, irrespective of the fact that any one or more other
sections, subsections or provisions hereof be declared invalid or unenforceable.
EFFECTIVE DATE
This policy shall take effect on
*TIPS FOR EQUITABLE ENFORCMENT
Clear and accessible signage is a key to a successful enforcement strategy. Posting signs
throughout parks and beaches will serve as a reminder to visitors, and a deterrent. Additionally,
Criminal penalties as punishment for violation of this ordinance are strongly discouraged.
Limiting law enforcement involvement with enforcement may be an equity measure for
communities that are historically overpoliced. Lastly, if there are any fine structures or
community service penalties in place, those accused of violating the ordinance should have Due
Process rights and communities may consider a graduated enforcement scheme where fines
are minimal (i.e warning first, removal from park or beach second, minimal fine imposed as a
last resort).
Attachment D
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August 3, 2022
City of Atlantic Beach
ATTN: Mayor Ellen Glasser
800 Seminole Rd
Atlantic Beach, FL 32233-5444
RE: Request for Continued Senior Services Funding
Dear Mayor Glasser and City Council,
As you know, BEAM is committed to meeting the needs of our vulnerable Senior clients who
face an array of challenges with few resources. BEAM continues to offer home delivery for
groceries, friendly callers, home repairs, and transportation assistance. In the first half of this
year, BEAM has hosted Atlantic Beach seniors at our food pantries at 485 in-person shopping
appointments and made 250* home grocery deliveries to more than 25 households providing
more than 47,000 pounds of food. We have assisted thirty senior households with forty-six
emergency fund payments for rent or utilities, totaling $21,344,94. Twenty Atlantic Beach
Seniors are active on our case management roster.
We are grateful for the past support received from the City of Atlantic Beach supporting
services benefiting our seniors in the Beaches community, and we hope you will consider a
donation again this year. Your help is important as we experience high requests from seniors,
especially for utility assistance.
We are proud to partner with the City of Atlantic Beach to provide safety net services for local
residents. Thank you for your tireless work to make Atlantic Beach a wonderful community for
all.
Sinc ely,
Lori Richards
Executive Director
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Attachment D
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August 3, 2022
Dear Mayor Glasser and Atlantic Beach Commissioners:
On behalf of the Neptune Beach Senior Activity Center, the City of Neptune Beach requests continued
financial support of the programming offered to all Beaches senior residents. During the last 5 years,
NBSAC has provided services to 286 Atlantic Beach seniors who regularly depend on the center socially,
culturally, physically, and mentally . Over the past several years, the City of Atlantic Beach has
generously donated funds in support of the programming provided and the construction of a new Senior
Activity Center which is scheduled for completion before the new year. (Supply chain issues and labor
difficulties have been "hurdles" the City has been dealing with thus delaying the building process.)
The Neptune Beach Senior Activity Center, a 501(c) 3 not-for-profit under the umbrella of the City of
Neptune Beach, EIN #03-0579193, was established to assist in the funding of The Neptune Beach Senior
Activity Center, to be referred to as NBSAC. The NBSAC provides a public service in a clean, safe, and
easily accessible environment to seniors in Neptune Beach, Atlantic Beach, Jacksonville Beach, and
surrounding Duval County/Northern St. Johns County. The goal and objective of the NBSAC is to provide
and encourage Independent living and enhance the quality of life for persons 50+. Promoting,
sponsoring, and coordinating programs/activities, which are socially, physically, culturally, and
intellectually stimulating achieves these goals and objectives. It is through the continued support from
many wonderful friends like you that NBSAC can fulfill this goal.
Thank you for your consideration of this request.
With my warmest thanks,
Leslie B. Lyne, Director
Neptune Beach Senior Activity Center Foundation, Inc.
A copy of the official registration and financial Information maybe obtained from the Division of Consumer Services by calling toll free (800
435-7352) within the state. Registration does not Imply endorsement, approval, or recommendation by the State.
Attachment D
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AL M
10 A ITk Of
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organization's mission statement: The Beaches Council on Aging improves the quality of life for senior residents
of the Beaches by connecting them to people, services, and places with care. Our mission is to promote the
health and social engagement of homebound aging and disabled adults living in Jacksonville's beach
communities, from Atlantic Beach through Ponte Vedra Beach.
Aging and disabled adults are among the most vulnerable in our community. We provide two main programs to
address senior needs which aid in their health and wellbeing: transportation through our Dial A Ride program
and access to senior resources and services through the Beaches Senior Living Network.
Programs: Dial A Ride is the only non-profit service that specifically transports seniors (62+) and disabled adults
who can no longer drive, anywhere they wish to go in the Beaches area. This includes almost a dozen dialysis
patients who are driven to their treatments three times a week. The service allows people to remain in their
homes longer, maintaining their independence and a sense of self-sufficiency and security. We operate M -F, 8 -
4 pm and have expanded our service to Saturdays 8 — 2 pm. The Saturday expansion is mainly for our dialysis
patients and we also take Pablo Hamlet and Pablo Towers residence to Walmart that day. Trips are individually
scheduled, door-to-door and though we ask for only a $5 donation per roundtrip, no one is turned away if they
cannot pay. Trips include medical (58°x) and basic needs (groceries, personal care and hygiene), social, and
educational/cultural.
In 2021, we averaged 331 roundtrips per month and 3,970 total for the year. We also gained 96 new riders.
Atlantic Beach Residence are 13% or a total of 417 rides so far for 2022. With increased marketing and the
launch of the Beaches Senior Living Network, we anticipate 375 monthly trips; 4,200 round trips annually, and
100 new riders for 2022.
Last fall (2021), through a partnership with Baptist Medical Center Beaches and local senior service
organizations, we launched the Beaches Senior Network. Baptist Medical Center gathered a think tank of
Beaches senior care providers to identify unmet needs of the elderly population and how to address them. From
that, the Beaches Senior Living Network was born. The collaborative Identified the need for one central
information hub, specifically for senior services, run by an Information Coordinator (IC).
BCOA was tasked with leading the effort and hiring the IC. The program includes a team of 29 volunteers who
call our clients weekly, and serve as a bridge between the clients and the IC and services. This not only connects
them with the appropriate resources, but the IC oversees the process to ensure follow up. The IC maintains a
database of organizations and resources for seniors. This is not limited to residents of the beaches; any senior
client who calls for information will be connected with the appropriate resource. The IC also tracks where there
may be gaps or a lack of senior resources and reports back to BCOA and the collaborative. Seniors in the
community are being made aware of the Beaches Senior Living Network and Dial A Ride through targeted
marketing and information drives. We look forward to working with Atlantic Beach to increase awareness of our
services and job openings for drivers to make a greater impact on the community.
Attached is a recap of the successes of BCOA since January of 2021. We appreciate the support of the City of
Atlantic Beach and would request an increase of our donation to at least $5,000 to assist with operations of
these continued and new services.
Attachment E
of 8-8-22 Minutes
August 8, 2022
im
Atlantic each, FL 32233
Dear Owner:
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5455
TELEPHONE: (904) 247-5800
FAX: (904) 247-5805
SUNCOM: 852-5800
www.coab.us
On behalf of the City of Atlantic Beach, thank you for being a valued member of our local business
community. Your establishment adds greatly to the economy and to our quality of life. By this letter, I
would like to call your attention to the City's focus on health and well-being, and make a request that you
consider voluntarily creating a "smoke-free" zone within your existing outdoor eating area(s).
The Florida Clean Indoor Air Act prohibits smoking inside of most public and private businesses, including
restaurants. This prohibition does not extend to outdoor eating areas. Experts tell us there is no risk-free
level of secondhand smoke exposure, even with patrons sitting six feet apart. They also tell us that
employees are also at risk.
Smoke-free policies typically receive public support. While we cannot regulate what you do outside on
your property, we can ask for your help to make a difference in Atlantic Beach. In addition to the health
benefits, let me mention how your involvement would set a great example in our community. First,
Atlantic Beach supports the City of Jacksonville's implementation of the Blue Zones life radius model in
certain zip codes. While we are not among these zip codes, you can help us to support the model with
policies that discourage smoking and help to extend life. Second, Atlantic Beach supports the efforts of
Tobacco -Free Florida and Tobacco -Free Jacksonville to encourage more smoke-free outdoor spaces, to
include outdoor eating areas. Third, you can help us minimize complaints from patrons and residents about
smoking in these areas and the litter that is created nearby. Finally, by action of Governor DeSantis after
this past legislative session, even the State now gives Cities a say on smoking on our beaches and in our
parks. Smoke-free zones in these public spaces will be talked about in Atlantic Beach in the very near
future.
Already, we have recognized some local restaurants who have created smoke-free areas outside. But, you
may wonder how such a policy would affect your bottom line. According to the Centers for Disease
Control and Prevention, peer-reviewed studies examined taxable sales revenue and employment level
determined that smoke-free policies and regulations do not have an adverse economic impact on the
hospitality industry.
Thanks for considering this request. If you need assistance, we can help or connect you to local resources.
If you have already done it or decide to create a smoke-free zone, let us know so that we can recognize
your leadership!
Sincerel ,
lien Glasser
Mayor