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4-10-23 Regular City Commission Meeting Adopted MinutesMINUTES Regular City Commission Meeting : f, Monday, April 10, 2023 - 6:30 PM ,r Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:33 PM. City Clerk Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 Jessica Ring, Commissioner - Seat 5 Also Present: Joe Gerrity, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) Scott Williams, Public Works Director (PWD) Victor Gualillo, Police Chief (PC) Steve Swann, Member Amanda Askew, Planning & Community Development Director (PCDD) ITEMS 9B AND 9C WERE ELIMINATED FROM THE AGENDA Mayor Ford confirmed with the applicant that they would like to have these items removed from the agenda. There was a CONSENSUS to eliminate these items. TO MOVE ITEM 8F DIRECTLY AFTER COURTESY OF THE FLOOR There was a CONSENSUS to move Item 8F to after Courtesy of the Floor. APPROVAL OF MINUTES IA. Approve minutes of the May 9, 2022, July 11, 2022, July 25, 2022, August 8, 2022, August 22, 2022, and March 27, 2023 Regular Commission Meetings. Mayor Ford asked if there were any corrections or changes needed. Regular City Commission April 10, 2023 Commissioner Ring requested amendments to the March 27, 2023 meeting minutes to correct the spelling of Bob Burch's name and to show that he is a train enthusiast instead of a trained enthusiast. MOTION. Approve the minutes as amended. Motion: Jessica Ring Second. Bruce Bole Mayor Ford stated the minutes stand as amended. Curtis Ford For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Jessica Ring (Moved By) For Motion passed S to 0. 2. COURTESY OF FLOOR TO VISITORS Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. PUBLIC COMMENT CC Bartle called each speaker to the podium. Pat Hazouri expressed concerns about the water supply to the 500 Atlantic Blvd property. David Bew thanked the Thames brothers and expressed concerns regarding the Lifeguard Station. Dylan Beaver expressed concerns about communicating with City staff and requested that the Commission listen to and respond to the citizens. Lenny Jevic honored those mentioned in Resolution No. 23-12. Zann Thames Williams thanked the Commission for considering Resolution No. 23- 12. Nancy Whittington expressed concerns about the timing of agenda Item 4B and suggested having a plan for collecting more specific data that can be analyzed. Larry Mays extended his support for Resolution No. 23-12. Regular City Commission April 10, 2023 Fred Henderson thanked the Commission for their recognition in Resolution No. 23- 12. Harley Warnock thanked the Commission for their recognition in Resolution No. 23- 12. Seth Dalton thanked the Commission for improving the parking at 18th and 19th Streets and asked that more time be given when reviewing changes. Jim Wheatley spoke about a previous Beaches Watch meeting. He expressed concerns about AB development. CC Bartle read the following names but did not speak since the item was removed from the agenda. Chad Dennis Suzanne McMahon Stephen Cane Devon Phillips Nicole Limbaugh did not wish to speak but wanted the record to reflect that she opposed Agenda Item 9B. 8F. RESOLUTION NO. 23-12 A RESOLUTION AUTHORIZING THE PLACEMENT OF SIGNAGE IN THE COMMUNITY HONORING UNITED STATES MARINE CORPS CAPTAIN REXWOOD S. THAMES JR. AND UNITED STATES NAVY LIEUTENANT JAMES F. THAMES, BROTHERS FROM ATLANTIC BEACH WHO HEROICALLY SERVED THE NATION DURING THE VIETNAM WAR; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS AND PURCHASE ORDERS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. MOTION. Approve Resolution No. 23-12. Motion: Bruce Bole Second. Candace Kelly Commissioner Ring expressed her gratitude to Lenny Jevic for the program. Commissioner Waters expressed his gratitude to Lenny as well. Commissioner Bole expressed his excitement for the Resolution. Regular City Commission April 10, 2023 0 Curtis Ford For Bruce Bole (Moved By) For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (Apr. - June 2023) There was a CONSENSUS to accept the 90 -Day Calendar. MOTION. Accept the 90 -Day Calendar Motion: Jessica Ring Second. Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Motion passed S to 0. 3.1). Additional Updates CM Gerrity explained he has budgeting questions and reported there are some projects that may not get done unless they get moving on them. $200,000 Budgeted for a mural at the intersection of Mayport Road • Commissioner Bole spoke in support of the project. • Commissioner Waters expressed that he would like to know what it is and how much it would cost. CM Gerrity explained that we won't know what it is until the results of the RFP are received. • Commissioner Kelly mentioned that she's concerned about what will be depicted in the picture. CM Gerrity reported that it would be brought to the Commission before awarding an RFP. • Commissioner Ring spoke in favor of the project, based on the conversations she had with the previous city manager. • Mayor Ford expressed worry about spending $200,000 on a mural, but is open- minded to the project. There was a CONSENSUS to allow CM Gerrity to put out an RFP for this project. Regular City Commission April 10, 2023 Selva Marina Walkway/Pathway — Commission previously agreed not to do this project and Mr. Gerrity reported suggestions. Cultural Arts and Recreation van - CM Gerrity suggested moving $40,000 from this to an excess fund since the department is not able to find a van at this time. Mr. Gerrrity also reported the following: • $250,000 was designated for the Selva Marina project. • Recommended increasing the Paving budget (from $325,000) to $400,000. • $7,000 for a road evaluation. • Would like to replace the carpet in City Hall. • There is $250,000 to put back in the bank or designate to another project. Commissioner Ring advocated for the Arts and Recreation Department in mentioning that two vans are needed for transporting the kids. CM Gerrity explained the current challenges with finding a van and they may need to re -budget it for next year. PWD Williams spoke to the increased cost for paving and suggested putting the designated six streets out to bid before making a decision on increasing the budget for that project. Staff answered questions from the Commission. There was a CONSENSUS to put out the paving bid for the six streets. 3.11. Lifeguard Station Update PC Gualillo showed a PowerPoint (which is attached hereto and made a part of this Official Record as Attachment A) and answered questions from the Commission along with CE Swann. 4-10-23 Attachment A 3.C. Hopkins Creek Stormwater Management & Dora Street CE Swann presented this item as detailed in the agenda packet and answered questions from the Commission. There was CONSENSUS to allow CM Gerrity to go ahead and purchase at least one appraisal. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4.A. Franchised Container Service Providers (Commissioner Waters) Commissioner Waters briefly reported on this item along with PWD Williams and answered questions from the Commission. PWD Williams explained why he believes the franchises have been good for the Public Works Department and that he would rather Regular City Commission April 10, 2023 have the franchise. Mayor Ford commented on whether there is a need and noted examples of other cities that do not have a franchise ordinance. 4.11. 18th -19th Street Paid Parking (Commissioner Waters) Commissioner Waters mentioned having spoken with staff regarding this topic since the last Commission meeting and suggested having Joe Esparza, Parking Enforcement Officer, work all of AB, fulltime, seven days a week, and potentially having someone extra during the weekend and filling in during the holiday seasons. Discussion ensued and suggestions were made to allow time for more data collection and to let the STOP Committee make recommendations once the Committee is formed. CM Gerrity explained that the program would need to pay for itself and that the city will be monitoring it for staffing needs and bring it back to the Commission as needed. ADDITIONAL REPORTS Commissioner Kelly • Mentioned that DCM Hogencamp has been working on the Commission priorities, with water and electricity conservation being one of them. She encouraged everyone to help get the word out and set the example. Commissioner Bole e Expressed that he is very proud of Resolution No. 23-12. Commissioner Ring Commented she is thankful for the Thames brothers and Lenny Jevic. Mentioned that the Easter egg hunt held by the City was a hit. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS 7.A. BMRC Appointments to the Community Development Board (CDB) Mayor Ford reported on the Board Member Review Committee's recommendations and provided an overview of the candidates. MOTION. 1) Appoint Jennifer Lagner to the Community Development Board to serve as a regular member (position #1) for the unexpired term ending December 31, 2025; 2) Appoint Richard Arthur to the Community Development Board to serve as the alternate member (position #8) for the unexpired term ending December 31, 2023. Regular City Commission April 10, 2023 8. Motion: Jessica Ring Second. Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Motion passed S to 0. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 23-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AND GRANTING A CONDITIONAL NON-EXCLUSIVE GRANT OF ENCROACHMENT EASEMENT ("EASEMENT AGREEMENT") ON REAL PROPERTY OWNED BY THE CITY LOCATED AT 1 WEST FIRST STREET (A PORTION OF REAL ESTATE PARCEL NO.: 170716-0100), SUBJECT TO THE TERMS THEREIN; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT; AND ESTABLISHING AN EFFECTIVE DATE. Mayor Ford read the title of the Resolution. CA Gabriel reported on this Resolution. He requested a clarifying amendment to strike a portion of the third whereas phrase of the easement that reads "or in the event this Easement (defined below) is terminated in part or in whole, to consider the grant of the necessary approvals to allow for up to fifty-two (52) units of mobile home density on the Grantee Property." MOTION. Approve Resolution No. 23-06 with the amendment as stated by the City Attorney. Motion: Jessica Ring Second: Candace Kelly Curtis Ford For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed S to 0. 8.11. RESOLUTION NO. 23-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE FUNDS FOR ENGINEERING SERVICES FOR THE Regular City Commission April 10, 2023 WATER TREATMENT PLANT #2 UPGRADES & WATER SYSTEM MODELING UPDATES; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the Resolution. MOTION. Approve Resolution No. 23-08. Motion: Bruce Bole Second: Michael Waters Curtis Ford For Bruce Bole (Moved By) For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring For Motion passed S to 0. 8.C. RESOLUTION NO. 23-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE FUNDS FOR ENGINEERING SERVICES FOR THE WASTEWATER TREATMENT PLANT CHLORINATION & DECHLORINATION SYSTEM IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the Resolution. MOTION: Accept (Approve) Resolution No. 23-09 as read. Motion: Candace Kelly Second. Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly (Moved By) For Jessica Ring For Motion passed S to 0. Regular City Commission April 10, 2023 8.D. RESOLUTION NO. 23-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO CONTRACT ACON CONSTRUCTION TO PROVIDE DESIGN BUILD SERVICES FOR THE RECONSTRUCTION OF THE ATLANIC BEACH OCEAN RESCUE STATION Link to ACON Construction Proposal for Lifeguard Initial Design Phase Link COJ and ACON Construction Design -Build Contract for Parks Link to Mold Report Mayor Ford read the title of the Resolution. MOTION. Approve Resolution No. 23-10. Motion: Jessica Ring Second. Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Jessica Ring (Moved By) For Motion passed S to 0. 8.E. RESOLUTION NO. 23-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE SAFETY, TRAFFIC AND PARKING COMMITTEE; ADOPTING THE COMMITTEE PURPOSE; ADOPTING CERTAIN PROVISIONS GOVERNING THE COMMITTEE; ESTABLISHING CITY STAFF ADMINISTRATIVE SUPPORT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the Resolution. 4-10-23 Attachment B MOTION: Adopt Resolution No. 23-11. Motion: Michael Waters Second. Bruce Bole Mayor Ford read from an updated and amended version of the Resolution (which is attached hereto and made a part of this Official Record as Attachment B). No vote taken. Regular City Commission April 10, 2023 0 AMENDED MOTION: Adopt (Approve) Resolution No. 23-11 with the addendum under Section 4, Section 8, and Section 9 as stated (as amended). Motion: Michael Waters Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters (Moved By) For Candace Kelly Against Jessica Ring For Motion passed 4 to 1. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 25-23-45, Public Hearing and Final Reading AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AMENDING THE CODE OF ORDINANCES, CHAPTER 8 FLOOD HAZARD AREAS, TO SPECIFY ELEVATION OF MANUFACTURED HOMES; APPLY COASTAL HIGH HAZARD AREA (ZONE V) REQUIREMENTS IN AREAS DESIGNATED COASTAL A ZONES TO INCREASE RESILIENCY; TO CLARIFY PREVIOUSLY ADOPTED BUILDING ELEVATIONS; TO REQUIRE DECLARATIONS OF LAND RESTRICTIONS (NON -CONVERSION AGREEMENTS) FOR CERTAIN ENCLOSURES UNDER ELEVATED BUILDINGS; TO SPECIFY USE OF FEMA CERTIFICATION FORMS; AND TO PROVIDE CRITERIA FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; TO DESIGNATE THE COMMUNITY DEVELOPMENT BOARD AS THE AUTHORITY TO CONSIDER CERTAIN VARIANCES AND APPEALS INVOLVING FLOOD HAZARD AREA RELATED APPLICATIONS; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the Ordinance. The public hearing was opened. Brinkley Harrell expressed concerns regarding the effects this Ordinance could have. The public hearing was closed. 4-10-23 Attachment C MOTION: Approve Ordinance No. 25-23-45. Motion: Bruce Bole Second: Michael Waters Regular City Commission April 10, 2023 Commissioner Bole referred back to previous discussion regarding this Ordinance and mentioned that he liked the Ordinance due to it benefitting tax payers in some way. Mayor Ford inquired about flood insurance cost. PCDD Askew explained that flood insurance cost is a byproduct of a resiliency issue. Mayor Ford expressed that he believes that this is a resiliency opportunity. Commissioner Ring referred to a handout that was provided by PCDD Askew (which is attached hereto and made a part of this Official Record as Attachment C) and mentioned that this helped with her understanding of the Ordinance. She also mentioned that she would need more time before approving this Ordinance. Commissioner Waters inquired about the elimination of the circuit court. PCDD Askew clarified that this decision was based on the discussion the Commission had on March 13, 2023. Commissioner Ring clarified that the amendments are adding the CDB and striking the Commission. PCDD Askew answered further questions regarding CDB and recommendations they would make. CA Gabriel clarified that the changes PCDD Askew is proposing would make the Commission more of an appellant board and not removing the authority of the Commission to make a decision; it is placing the Commission as an intervening step before going to the circuit court. Mayor Ford expressed concerns relating to the Marsh Front (Zone A) and PCDD Askew answered questions. Mayor Ford advised that he would be voting against this tonight, but would like to see it return in a modified form, explaining the need to do an analysis of cost effect on construction and whether we really have a serious issue. He urged the Commission to study the issues. CM Gerrity inquired about a time frame and PCDD Askew expressed that there's no time frame, but this has not been updated in ten years. Curtis Ford Against Bruce Bole (Moved By) Against Michael Waters (Seconded By) Against Candace Kelly Against Jessica Ring Against Motion failed 0 to S. Commissioner Ring mentioned that she would do some studying in the meantime. Commissioner Bole expressed hopes for this coming back in another form. Commissioner Kelly mentioned that she thought an impact study would be completed this year for the Marsh and that this could come back as a result of the study. PCDD Askew explained Regular City Commission April 10, 2023 10. that the base flooding on the west side of town is projected to increase 2 feet in twenty years and staff is trying to position the homes not to be flooded in the long run. She also explained that staff is completing a marsh baseline study now. 9.B. ORDINANCE NO. 31-23-15, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL LOW (RL) TO RESIDENTIAL HIGH (RH); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. This item was removed from the agenda at the beginning of the meeting. 9.C. ORDINANCE NO. 90-23-250, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, SINGLE- FAMILY (RS -2), TO RESIDENTIAL, GENERAL, MULTI- FAMILY (RG -M); PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was removed from the agenda at the beginning of the meeting. MISCELLANEOUS BUSINESS 10.A. 185 8th Street - Historic Corridor Tree Removal PCDD Askew reported on this item as detailed in the agenda packet and answered questions from the Commission. MOTION: Approve Item 10A (Approve request to remove three (3) palm trees in the historic corridor at 185 8th Street). Motion: Jessica Ring Second: Candace Kelly Curtis Ford For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed S to 0. Regular City Commission April 10, 2023 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Waters • Appreciated being heard on his two requests. Commissioner Kelly • Announced Arts in the Park (April 22, 2023). Commissioner Bole • Announced the Beaches Town Center Agency meeting on April 11, 2023, mentioned what they do, and welcomed input from the Commission. Mayor Ford • Spoke about the Easter Egg Hunt and his gratitude for the City hosting the successful event. 13. ADJOURNMENT The meeting adjourned at 8:59 p.m. Attest: Donna L. Bartle, City Clerk Date Approved: 5123A Z � big Curtis Ford, Mayor Regular City Commission April 10, 2023 b•" Attachment A to 4-10-23 Minutes History • Designed by Robert Morgan with input from Chip Drysdale • Cert. of Occupancy was issued in July 1999 • Designed as a two story building with an observation deck on the roof • History of water leaks from observation deck • History of water leaks under second floor east and south windows • Lifeguards returning to service in the spring have to wipe down surfaces because of surface mold on walls and counter tops Attachment A to 4-10-23 Minutes Renovation 2018 • Repair Ion g term damage to roof and 2nd floor windows because of water leaks and resulting wood rot • Enclosing 3rd floor was a cost effective way to gain some office space • Spring 2018 construction began • Extensive water leaks in station during construction project • Fall 2018 work substantially complete in station • December 2018, concern of strong mold odor on 2nd floor so Environmental Engineer contracted • 1St Mold Remediation by contractor • March 2019 environmental testing positive for mold • 2nd Mold Remediation by contractor • April 2019 environmental testing positive for mold • 3rd mold Remediation by contractor Attachment A to 4-10-23 Minutes Attachment A to 4-10-23 Minutes Diagram of areas identified with un- remediated mold <3,000 sporeslm3 _ >3,000 sporesW EAST ELEVATION • NEW �T -NEW Attachment A to 4-10-23 Minutes Diagram of areas identified with un- remediated mold _ <3,000 spores/m' _ >3,000 spores/m3 - - @ '.NURI SAVATIONiNEW _._._ 9MYBEVATI011 • NEW 9 Attachment A to 4-10-23 Minutes Challenges in current building • The structure was designed in 1999 when operational needs were less • Currently there are 18 Lifeguards working per day • Up to 4 times a summer we have 20 kids in the Junior lifeguard program that need the use of the building for 5 days per group of 20 • When guards and camp kids need to be sheltered from lightening and storms they all have to use the lifeguard station • There is one small bathroom for all employees (camp kids) and an outdoor shower for then to use • Not enough equipment storage space in the current building • No space for in-service training • We know there are on going mold problems in the 2nd floor walls Attachment A to 4-10-23 Minutes First Floor Attachment A to 4-10-23 Minutes Attachment A to 4-10-23 Minutes Storage Trailer for Junior LG Program Attachment A to 4-10-23 Minutes Example of storage Jax Bch Ocean Rescue Attachment A to 4-10-23 Minutes Attachment A to 4-10-23 Minutes Wet equipment stored in station Equipment in St; Attachment A to 4-10-23 Minutes Attachment A to Pak4-10-23 Minutes Equipment Stored Under Porch Deck Attachment B to 4-10-23 Minutes RESOLUTION NO. 23-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE SAFETY, TRAFFIC AND PARKING COMMITTEE; ADOPTING THE COMMITTEE PURPOSE; ADOPTING CERTAIN PROVISIONS GOVERNING THE COMMITTEE; ESTABLISHING CITY STAFF ADMINISTRATIVE SUPPORT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boards and Committees established by the Mayor and Commission of the City of Atlantic Beach provide many valuable services to the community by enlisting citizen volunteers to provide input and consideration upon important issues that affect the daily lives of citizens in the community; and WHEREAS, the City Commission deems it to be in the best interests of the citizens of Atlantic Beach to create an advisory committee to review safety, traffic and parking matters, and make recommendations to the Commission that aim to improve transportation systems, processes and policies in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH: SECTION 1. Creation. There is hereby created and established the Safety, Traffic and Parking Committee (hereafter referenced as the "Committee"). SECTION 2. Purpose. The purpose of the Committee is to review matters pertaining to safety, traffic and parking, and make recommendations to the Mayor and Commission as to changes and revisions to the City's transportation system, processes and policies. SECTION 3. Membership and Staff Support. (a) There will be a total of eight (8) members on the Committee to include two (2) persons who are electors within each of the four City Commission districts. All members shall be appointed by the City Commission following the City's Board Member Review Committee vetting and recommendation process. (b) The Committee shall be supported by an appointee of the City Manager; SECTION 4. ChareelAdditional WorkSeope of Aetivities. The Committee shall g ki ;he eammunity. i Attachment B to 4-10-23 Minutes PaFkifig The Committee's charge shall be to review safety. traffic and parking, matters, and make recommendations to the City Commission that aim to improve tninsportation ,systems, processes and policies in the City. The Committee's work plan shall begin with a traffic and parking data collection phase, including an assessment of existing conditions. Consultation with Citv staff and other subject -matter experts,_ along with soliciting public/stakeholder input, shall follow. Finally. the Committee shall undertake a deliberative phase to review the data and input it receives. and formulate conclusions and recommendations for submittal in a report to the _City Commission. The report shall define ideal traffic and parking scenarios and delineate recommendations for remedial action to achieve them. W(b) 'The Committee shall JJundertake such additional work as requested by the City Manager or City Commission. SECTION 5. Meetings and Notice. The meetings of the Committee shall be set at regular times upon the call of the chair or a majority of the members of the Committee, and will be open to the public and notice of meetings shall be provided in accordance with state law. SECTION 6. Election of Committee Officers and Associated Duties. The Committee shall elect a chair and vice chair from among its membership, and it shall further elect a secretary from among its membership who shall be responsible for working with City staff in preparing the following: (1) the agenda; (2) minutes of each meeting (and their prompt recordation with the City), and (3) a final report of all proposed recommendations. The Committee may elect other officers it deems advisable from among its regular members for the proper governance of its meetings and charge. The chair shall preside at all meetings of the Committee. In the temporary absence or disability of the chair, all duties of the chair shall be performed by the vice chair. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the City's Charter, Code, or other City ordinances, shall be the rules of this Committee. SECTION 7._ Quorum. The Committee quorum is five (5) members. The Committee shall take no official action unless a quorum is present at a meeting. Any official acts by the Committee shall require a majority vote of the members present, however, no report to the City Commission shall be approved by the Committee shall be adopted unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. SECTION 8. Subcommittees Prohibited. The committee shall perpetually meet as a Committee of the Whole; no subcommittee shall_ be appointed. SECTION 98. Sunset. The Committee shall automatically sunset, expire and cease to exist on November 11, 2024, in conjunction with the expiration of the Mayoral term and two City Commission terms. b 16-P-40 Attachment B to 4-10-23 Minutes ith period. SECTION 109. Removal or Resignation of a Committee Member. Any member who fails to attend two (2) consecutive regularly scheduled meetings, subject to excused absence rules as decided by the chair of the Committee, shall be declared to have vacated his/her Committee seat, which shall be evidenced by the Committee chair notifying the City Clerk of such vacancy in writing. A member may choose to resign from the Committee at any time by giving written notice to the City Clerk. At such time, the City Commission may fill such vacancy in its discretion. SECTION 110. Compliance with Laws. The Committee and each member shall comply with all applicable federal, state and local laws including, but not limited to, the Florida Government in the Sunshine Law, Florida Code of Ethics for Public Officers and Employees, Florida Public Records Law, and related provisions of the City's Charter, Code of Ordinances and applicable resolutions, as may be amended from time to time. SECTION 12.1. Coordination with City Staff and the City Commission. Working collectively, the Committee shall coordinate with City staff on any needs within its scope and mission. Staff may be assigned by the City Manager, City Clerk or City Attorney, as necessary, to provide aid, guidance and insight into City government operations or functions. Notice of meetings shall be the responsibility of City staff. The Committee shall provide a report of its activities to the City Commission periodically at a frequency established by the Committee or upon request from any City Commission member. If required, City staff' will be responsible for the collection and expenditure of any City funds in accordance with purchasing guidelines. SECTION 132. Effective Date. This Resolution shall take effective immediately upon its final passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, Florida, this 10th day of April, 2023. Curtis Ford, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason R. Gabriel, City Attorney Attachment B to 4-10-23 Minutes n - - - 4 - r e Attachment C to 4-10-23 Minutes Section Entitv Reasoning/Notes 8-14 COAB Provide flexibility in who administers code (changes in titles. personnel, etc.). 8-25 FEMA See Note 1. 8-30 FEMA See Note 2. 8-31 State Changed to match state language. Current language would result in homes be- ing elevated 2.5 feet higher than what was intended (was a mistake in last code u date). Impacts new homes around Howell Park. 8-32 FEMA See Note 2. 8-36,37 FEMA See Note 1. 8-38-45 COAB Recommended by staff as CDB is more familiar with variances related to land development. 8-52 State Definitions match FL Building Code and recommended by state to be added to the code. 8-53(1) FEMA See Note 1. 8-53(2) a. COAB/ FEMA 2.5 feet above the base flood elevation is already adopted (2003 & 2013) but State recommends codifying here in Chapter 8. This requirement is a big rea- son we are a Class 6 CRS community. The State requires elevation 1 foot above the base flood elevation. b & c. COAB See Note 2. 8-62 COAB Based on FEMA recommendation. Fill reduces water storage and can direct water to neighboring ro erties. 8-63 FEMA See Note 2. 8-65 FEMA See Note 2. 8-67 FEMA See Note 3. 8-72 FEMA See Note 2. 8-79-82 FEMA See Note 2. 8-83 FEMA See Note 4. Note 1. Requiring forms to be submitted (Sections 8-25, 36, 37, & 53(1)): Elevation and Flood -proof Certificates These certificates are already required by the city for CRS reporting and are required by insurance companies. Adding this to the code does not change what is required but helps to ensure that the forms are submitted by making it clear to future staff, builders, and property owners that it is required. Non -enclosure Agreement: This is an agreement to not illegally convert a storage/parking area below the flood elevation into a living area. The goal is to reduce the likelihood that owners or future owners convert these areas. The agreement is not required to be in the code but adding it to the code provides additional CRS credit and helps with enforcement. Alternatives include: • Do not require • Require agreement (proposed) • Prohibit enclosed storage/parking areas below the base flood elevation • Limit the size of enclosed storage/parking areas below the base flood elevation Attachment C to 4-10-23 Minutes Note 2. Treating Coastal A Zones as V -Zones (Sections 8-30,32,53, 63, 65, 72, 79, 80, 81, & 82): Coastal A Zones: Areas that care exposed to wave heights between 1.5 to 3 feet in height (23 p(Prels & only found along marsh/intracoastal). V -Zones: A rear that are exposed to wave heights greater than 3, feel in height. Houses in V -zones must be built with open foundations such as piers or pilings due to wave exposure. This is not required in Coastal A zones. However, studies have shown that closed foundations can sustain considera- ble damage when exposed to waves 1.5 to 3 feet in height (FEMA & FDEM). As a result, the FL Building Code (FBC) now requires coastal A zone construction to meet the same standards as V -zone construction EX- CEPT it allows backfilled stem walls provided the foundation is designed to account for wave action and ero- sion. FEMA however, recommends that Coastal A Zones are treated the same as V -Zones, so staff is propos- ing to NOT allow stem walls within the Coastal A Zone. Doing so also provides additional CRS credits. Table below from FEMA P-550 "Recommended Residential Construction for Coastal Areas": Table 2-1. Foundation Type Dependent on Coastal Area Foundation Type V Zone Coastal A Zone A Zone W M W = Acceptat>te NR = Not Recommended X = Not Pwm,tted Note 3. Manufactured Homes (Section 8-67) This code change is required for the city to maintain its CRS Class 6 Rating. If not adopted, the city will be retrograded to a Class 9 rating. We currently do not have any manufactured homes within the floodplain, so the change does not affect any existing properties. Note 4. Accessory Structures (Section 8-83) FEMA and the FL Building Code require all structures to be elevated or dry floodproofed above the base flood elevation. In 2020, FEMA released policy # 104-008-03 allowing wet floodproofing (less stringent than dry floodproofing) for certain accessory structures. So by adopting this code language, the city can allow relaxed regulations for certain accessory structures without imuactine its FEMA CRS Ratine. Note that the code lan- guage is model language developed by the state.