05-22-06MINUTES
REGULAR CITY COMMISSION MEETING
May 22, 2006
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Donald Wolfson City Manager Jim Hanson
Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey
Commissioner Mike Borno City Attorney Alan C. Jensen
Commissioner Jamie Fletcher
Commissioner Sylvia N. Simmons
Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation,
given by Mayor Wolfson, was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Commission Meeting on
Approval of Minutes May 8, 2006.
Motion: Approve the minutes of the Regular Commission Meeting on
May 8, 2006.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
A. Proclamation for National Public Works Week
Mayor Wolfson read the proclamation in its entirety.
David Rouleau, 982 Ocean Boulevard, expressed concern that the
building plans for his house are not on file with the City.
David Bew, 381 Third Street, suggested handicap ramps should be placed
at all beach accesses.
Bernard Kane, 333 Ocean Boulevard, introduced himself as a volunteer
for the maintenance and beautification of the Third Street beach access. He
discussed item 8E and urged the Commission to approve it. He thanked
City Manager Jim Hanson, Councilman Art Graham and Parks and
Recreation Director Timmy Johnson for their work on the project.
Mav 22, 2006 REGULAR COMMISSION MEETING Paee 2
Susan Snead, 261 Beach Avenue, requested early morning patrols to
control the problem with homeless people sleeping at the bottom of beach
access walkways. She believed that the Sea Turtle Inn should not be
allowed to build or remodel above the 35 foot height limit. She reiterated
her concern with the Winter and Company report and its recommendations.
Pat Pillmore, 995 Camelia Street, commented about the Community
Character workshop and expressed concern with the decision making
process. She believed the interests of neighbors and residents should carry
more weight than people making profit on City Codes. She was in favor of
the outcome of the side wall standard issue.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
City Manager Jim Hanson referred the Commission to his written report,
which is attached and made part of this official record as Attachment A.
His report addressed the height referendum staff report and the pedestrian
crossing for the Plaza and Mayport Intersection.
The Mayor inquired about the timeline for finalizing the light
synchronization project and stressed the importance of installing the
pedestrian crossing signal at the Plaza and Mayport intersection as quickly
as possible due to safety concerns. He asked Rick Carper, Director of
Public Works, to bring back information on the project's schedule at the
next Commission meeting. Commissioner Simmons expressed concerns
with traffic turning right while pedestrians have the right of way for
crossing. She asked for stricter enforcement of that situation.
B. Report on Hurricane Protection (City Manager)
City Manager Hanson asked Chief Thompson, Director of Public Safety, to
give his report on the City's hurricane protection plan. Chief Thompson
reviewed the highlights of the report. He noted that evacuation decisions
are made by the consensus of an executive committee in Jacksonville which
includes all the local mayors. He discussed the transportation assistance
provided by the City and encouraged individuals with special needs to
contact the fire and rescue department in advance. Chief Thompson
reviewed the prioritization of people evacuating and returning and noted
that police and utility operators are the last to leave and the first to return to
the beaches. He mentioned the use of Kernan Trail Elementary School as a
shelter and discussed the issue of reentry passes.
The Commission asked questions and expressed concerns regarding some
of the details of the hurricane protection plan. Chief Thompson responded
and provided further information. Commissioner Simmons suggested that
some of the hurricane tips and advice be published in the city newsletter.
May 22, 2006 REGULAR COMMISSION MEETING Paee 3
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Monthly Financial Report, Utility Sales
Report and Public Safety Report for Apri12006 (City Manager)
B. Acknowledge receipt of Annual Water Quality Report (City
Manager)
Motion: Approve Consent Agenda as presented
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
A. Cultural Arts and Recreation Advisory Committee Report (R.
Pritchett)
Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory
Committee, reviewed his semiannual report. He commended and thanked
Timmy Johnson, Director of Parks and Recreation, for his work with the
committee. He indicated that currently there are no openings on the
committee and that all members have had a good attendance record. He
reported that the committee's 06-07 budget has been submitted and he
reviewed the many current and new programs of the committee.
Mayor Wolfson thanked Mr. Pritchett for his leadership and recognized him
for his efforts with the Committee. He encouraged Mr. Pritchett to continue
to serve the City.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-06-193, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES,
ZONING, SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS, ARTICLE II, LANGUAGE AND DEFINITIONS,
SEC. 24-17, DEFINITIONS, BY ADDING A NEW DEFINITION OF
SHORT TERM RENTALS; AND FURTHER AMENDING ARTICLE
III, ZONING REGULATIONS, DIV. 4, GENERAL PROVISIONS AND
EXCEPTIONS, BY ADDING A NEW SUBSECTION (1) UNDER SEC.
May 22, 2006 REGULAR COMMISSION MEETING Page 4
24-82, GENERAL RESTRICTIONS UPON LAND, BUILDINGS AND
STRUCTURES, TO PROHIBIT SHORT TERM RENTALS, AND
PROVIDING AN EFFECTIVE DATE
Mayor Wolfson read the ordinance by title only and opened the floor to a
public hearing.
Jeanell Wilson, 3090 South Third Street, Jacksonville Beach, spoke
against the proposed ordinance. She did not believe that short term rentals
are a problem in Atlantic Beach and asked the Commission to allow
property owners the right to offer short term rentals.
Bill Gulliford, 75 Beach Avenue, asked the Commission to give
consideration to the potential negative impacts of the current code and of
adopting the proposed ordinance. He indicated the difficulties involved
with maintaining a home and keeping it within the family if not allowed to
rent it for a short term.
Bernard Kane, 333 Ocean Boulevard, discussed problems created by the
weekly and monthly renters who are noisy and leave trash in the area.
R.D. DeCarle, 51 Beach Avenue, cautioned that people could circumvent
the proposed amendment to the code by creating long term rentals without
penalties for cancellation. He believed the issue would then become an
unenforceable situation.
There were no further comments and the Mayor closed the public hearing.
The item was brought before the Commission for discussion.
City Manager Hanson pointed out that the City has prohibited short term
rentals for a number of years, and, thus, the proposed ordinance is not a
change to make something illegal that has been legal before. He explained
that the code has been difficult to understand and that this change would
make it more clear.
The Commission discussed the issue and City Manager Hanson mentioned
some of the problems encountered with short term rentals.
Motion: To approve Ordinance No. 90-06-193 on final reading
Moved by Simmons, seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 40-06-21, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CREATING RULES FOR CABLE TELEVISION
May 22.2006 REGULAR COMMISSION MEETING Paee 5
FRANCHISES, ADOPTING CUSTOMER SERVICE STANDARDS,
ESTABLISHING OBJECTIVE REMEDIES AND STANDARD
ENFORCEMENT PROCEDURES, REQUIRING PERFORMANCE
AND INSURANCE GUARANTIES, REQUIRING OTHER
PROVISIONS CONSISTANT WITH MODERN TECHNOLOGY
AND INDUSTRY DEVELOPMENTS, AND FOR OTHER
PURPOSES
The Mayor read the ordinance by title only and opened the floor to a public
hearing. There being no comments, the Mayor closed the public hearing
and brought the item before the Commission for discussion.
Motion: To approve Ordinance No. 40-06-21 on final reading
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Approval of Franchise Renewal Agreement for Cable System
with Comcast of Greater Florida/Georgia Inc. (City Manager)
City Manager Hanson explained that, since the ordinance outlining the rules
to grant a franchise is now adopted, the City can act on approving a
franchise renewal agreement. He pointed out that state law requires local
governments to consider several factors before granting franchise
agreements with cable television providers. Those factors to consider
include the following:
(a) the economic impact upon private property,
(b) the public need for the franchise,
(c) the capacity of public rights-of-way to accommodate the system,
(d) the present future use of the affected public rights-of-way,
(e) the potential disruption to existing users of the public rights-of-way,
(f) the financial ability of the franchise to perform,
(g) other societal interests,
(h) other procedural and substantive matters deemed relevant by the
municipality or county.
He reviewed those factors and noted that many of them do not apply
because Comcast Cable TV has been in existence for many years. City
Manager Hanson also pointed out that state law prohibits any municipality
or county from granting overlapping franchises for cable service within its
jurisdiction on terms or conditions more favorable or less burdensome than
those in any existing franchise within such municipality or county.
May 22, 2006 REGULAR COMMISSION MEETING Page 6
Motion: To authorize the City Manager to sign the franchise renewal
~reement with Comcast of Greater Florida/Georgia Inc
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Proposed revision to Chapter 24, Land Development
Regulations, Article IV, Subdivision Regulations, Section 24-189
in accordance with recommendation of the Community
Development Board (City Manager)
City Manager Hanson reported that City Attorney Jensen had been asked to
acquire a written opinion on this item. He indicated that the City Attorney
is still conferring with other attorneys and suggested that the Commission
wait until the information is received before taking action on the issue.
City Attorney Jensen stated that he expects to have the information before
the next meeting. It was explained that the City Attorney is researching
whether the change in the subdivision procedures would require a change to
the ordinance and, if so, how to do that.
Commissioner Waters asked that the City Attorney look at section AS in
order to make the language less general and vague.
C. Bicycle Path Construction -Location and Construction
Recommendations Discussion (City Manager)
Rick Carper, Director of Public Works, presented the staff's
recommendation for a bicycle path west of Mayport Road and indicated that
they received a response from only one resident in the area. Mr. Carper
stated that the resident was concerned that the path would negatively change
his property's aesthetics and value and make it difficult for him to access
his back yard with his motor home. Mr. Carper discussed the ways that
staff can work with the resident and mitigate his concerns.
Commissioner Simmons supported the proposed bike paths and
complimented Mr. Carper on the new bicycle bridge on Plaza by City Hall.
Commissioner Fletcher was also in support of the proposed route as an
alternative to the original route suggested for Levy Road. Rick Carper
discussed the beautification of the area through this project. Mayor
Wolfson asked about the budgeting of the project and Rick Carper
responded it would cost about $100,000.
Motion: To direct staff to design and construct a bike path along the
north bank of the West Plaza Ditch, including the segment connecting
Orchid to Hibiscus, and waive the City's purchasing requirement for
Mav 22, 2006 REGULAR COMMISSION MEETING Page 7
seeking bids for proiects in excess of $10,000 and use the Annual
Concrete Contractor (Gruhn Mav) for construction of the bike oath
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
D. Hurricane Protection for Commission Chambers (City
Manager)
Rick Carper, Director of Public Works, reviewed the information in his staff
report and discussed the differences between the Windshield HPS and the
Armor Screen products. He had samples of each on hand at the meeting.
The Commission discussed concerns with the dual lock fasteners and the
fact that Windshield HPS was not yet approved by the Florida Building
Code. The Mayor suggested the City might prefer the aluminum panels for
protection from debris.
It was the consensus of the Commission to ask staff to bring back a quote
for purchasing aluminum panels before acting on this item.
E. Interlocal Agreement with the City of Jacksonville for
Construction of a Handicap Accessible Beach Walkover at
Third Street (City Manager)
City Manager Hanson provided the background on the request for a
handicap accessible beach walkover at Third Street. He reported that
Councilman Art Graham has been able to obtain grant money to pay for
100% of the cost of this project. He mentioned some concerns from
residents regarding visibility and extra traffic on Third Street. He indicated
that a survey had been sent to the residents in that area and that 22 out of 30
were in favor of the handicap accessible walkover.
Motion: To authorize Mayor Wolfson to sign the Interlocal Agreement
with the City of .Tacksonville to provide funding for the construction of
a handicap accessible beach walkover at Third Street and authorize the
city staff to take bids for the project.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mav 22, 2006 REGULAR COMMISSION MEETING Paee 8
City Manager 9. City Manager
A. City Manager's Report
The City Manager referred the Commission to the information he included
in their agenda packets addressing eminent domain legislation and the
Atlantic Beach fire service rating improvement to a Class 3. These
documents are attached and made part of this official record as Attachment
B.
Also, City Manager Hanson announced that there will be a renovation of
four homes in Atlantic Beach, using block grant funds and partnering with
Builder's Care. He indicated that the work will begin early in June and
invited the Mayor and Commissioners to attend a press conference
scheduled for June 9.
Mayor Wolfson commended Chief David Thompson, Director of Public
Safety, and Donna Kaluzniak, Director of Public Utilities, for their work on
achieving the improved fire service rating. He recommended that the City
wait to see the final language of the eminent domain bill and how the
citizens of Florida will react to the legislation before acting upon it.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Borno
• Reported that he and the City Manager attended and participated in a
focus group for the Florida League of Cities in Orange Park. He
encouraged others to attend one of these in the future.
• Announced he attended a police community neighborhood meeting
and complimented Chief Thompson on it.
• Commended CommissionerWaters on his job as master of ceremony
for the Florida League of Cities meeting held at the beaches on May
12.
Commissioner Fletcher
• Asked the Commission to consider designating protection for a
particular tree as an exceptional tree specimen. Discussion ensued
regarding the tree ordinance. It was agreed to put the issue on the
next agenda for discussion.
Commissioner Waters
• Asked if the City has forced evacuations. Chief Thompson replied
that they do not force anyone to evacuate.
• Announced that he will be in Europe for six weeks, beginning May
29. Requested that the Commission consider allowing options for
May 22, 2006 REGULAR COMMISSION MEETING Paee 9
the Sea Turtle to redevelop in the future when considering the height
limit referendum.
Mayor Wolfson
• Commended Commissioner Waters on his work with co-hosting the
regional Florida League of Cities' dinner.
• Asked for a status report on the enhancement project for the City
signs. Rick Carper, Director of Public Works, responded that the
City's electrical contractor has been working on the lighting for the
three newly-installed signs; however, there has been no progress on
the new sign for the Tideviews location. Mayor Wolfson asked that
the project be finalized soon and asked for a report on when its
completion can be expected.
• Indicated the reports on the Neighborhood Chat sessions would be
distributed in the next meeting agenda. Believed the meetings to be
very successful and announced that the City will schedule a second
round of chats in August. He noted that the Commissioners will
rotate to different parts of the City.
• Revisited the request for a Waiver for 824 Sherry Drive from City
Code Section 19-7 Prohibition on Parking Aprons Along Through
Streets. He stated that, after the Commission voted on the item, it
was brought to his attention that the property owner had recently
sold a portion of his property to help facilitate the City in
constructing the turning area at the Five Points Intersection. He
acknowledged that staff's original recommendation to require
removal of the 15-foot parking area but allow the 10-foot paver
section to remain was a good compromise for the owner's actions in
assisting the City.
Motion: To reconsider the reauest for a waiver for 824 Sherry Drive
from City Code Section 19-7 Prohibition on Parking Aprons Along
Through Streets and approve staff's original recommendation as a
compromise to the applicant.
Moved by Wolfson, seconded by Borno
The Mayor supported this motion as a show of good faith to a citizen who
assisted the City with completing a project in a desirable manner.
City Manager Hanson noted the dangers of parking alongside the main
through streets of the City and questioned trading a public safety issue in
exchange for a piece of property sold to the City. Commissioner Borno
concurred and expressed concern with granting a waiver that goes against
the City ordinance. The Mayor noted that City staff recommended granting
the waiver for just the 10-foot paver section. Commissioner Waters voiced
support for allowing both parking aprons to remain.
Mav 22, 2006 REGULAR COMMISSION MEETING Page 10
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson
Nay: 1-Fletcher
MOTION CARRIED
Commissioner Fletcher explained his dissenting vote stemmed from
concern with setting a precedent for granting waivers against the Code
based upon the justification given.
Mayor Wolfson stated he made his original vote without all the information
and now agrees that staff made a fair recommendation.
Motion: To approve the reauest for a Waiver for 824 Sherry Drive
from City Code Section 19-7 Prohibition on Parking Aprons Along
Through and allow the applicant to keep the 10-foot paver section as
originally recommended by staff.
Moved by Wolfson, seconded by Borno
Votes:
Aye: 4 -Borno, Simmons, Waters, Wolfson
Nay: 1 -Fletcher
MOTION CARRIED
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:52 p.m.
~~
Donald M. Wolfson, ayor/Presiding ficer
ATTEST:
C~~.
f yi ~=~~
Donna L. Bussey
City Clerk
ATTACHMENT A
MAY 22, 2006 COMMISSION MTG
May 15, 2006
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
~~~an~'
SUBJECT: Follow-up eport
Staff Reuort with Proposed LanguaEe for Height Referendum; The Mayor and Commission
asked the city staff at the last meeting to bring back proposed language for an ordinance calling
for a referendum to establish a height limit in the city charter. One of the issues that was to be
resolved was how to deal with the Sea Turtle Hotel. Since that time, discussions have occurred
with the management of the Sea Turtle. They asked that the staff delay this report for a couple of
weeks to give them time to have additional input. Their input would be helpful in preparing a
draft and consequently, the staff report is not ready for your review at this time. We do
anticipate having a staff report for your review at the next regular meeting on June 12, 2006.
Pedestrian Crossing for Plaza/Mayaort Intersection; The question was raised at the last
commission meeting about what type of pedestrian crossing would be installed in the future at
the intersection of Plaza and Mayport Road. The City of Atlantic Beach, the FDOT and the City
of Jacksonville have an agreement for installation of medians along Mayport Road to improve
both traffic and pedestrian safety and the FDOT has a companion project to upgrade the signals
at the intersections along Mayport Road. As a result of those projects, a new pedestrian crossing
will be installed. Specifically, pedestrians will be allowed to cross the street without having any
signalized left hand turn traffic at the same time. Additionally, we have been informed that the
new crossing will have a "countdown type head". Essentially, this feature will include a
countdown "clock" showing how many seconds are left for the pedestrian to get across the street.
Copies of a picture of a similar pedestrian light are attached along with the instruction sign that
will be located at the crosswalk buttons.
AGENDA ITEM 3A
MAY 22, 20(16
Rl0-3e
AGENDA ITEM 3A
MAY 22.2006
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ATTACHMENT B
MAY 22, 2006 COMMISSION MTG
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
HB 1567, Engrossed 2
2006 Legislature
1 A bill to be entitled
2 An act relating to eminent domain; creating s. 73.013,
3 F.S.; restricting certain transfers of property taken by
4 eminent domain to certain natural persons or private
5 entities; preserving the government entity communications
6 services eminent domain limitation; providing an exception
7 to restrictions on eminent domain; creating s. 73.014,
8 F.S.; prohibiting the exercise of eminent domain to
9 eliminate nuisance, slum, or blight conditions; amending
10 s. 73.021, F.S.; clarifying that use for eminent domain
11 means public use or public purpose; amending s. 127.01,
12 F.S.; providing that a county exercising eminent domain
13 must strictly comply with the limitations in ss. 73.013
14 and 73.014, F.S.; amending s. 127.02, F.S.; requiring that
15 a board of county commissioners adopt a resolution in
16 order to acquire a property through the use of eminent
17 domain; providing that a county exercising eminent domain
18 must strictly comply with the limitations in ss. 73.013
19 and 73.014, F.S.; amending s. 163.335, F.S.; removing
20 eminent domain from the scope of findings and declarations
21 of necessity under the Community Redevelopment Act;
22 providing that the prevention or elimination of a slum
23 area or blighted area does not satisfy the requirement
24 under the State Constitution that a taking be for a public
25 purpose; amending s. 163.340, F.S.; conforming a cross-
26 reference; amending s. 163.345, F.S.; prescribing
27 limitations on the disposition of property related to
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
HB 1567, Engrossed 2
2006 Legislature
28 certain efforts to encourage the participation of private
29 enterprise in community redevelopment; amending s.
30 163.358, F.S.; clarifying the scope of the power of
31 community redevelopment by a county or municipality and
32 the authority and limitations on delegation to a community
33 redevelopment agency; prohibiting the delegation of the
34 power of eminent domain to a community redevelopment
35 agency; conforming a cross-rofererlce; amending s. 163.370,
36 F.S.; clarifying limitations on the exercise of eminent
37 domain in the context of community redevelopment;
38 clarifying the manner in which property may be acquired;
39 deleting the authority to delegate the power of eminent
40 domain to a community redevelopment agency; repealing s.
41 163.375, F.S., relating to the authority of a county,
42 municipality, or community redevelopment agency to
43 exercise the power of eminent domain in connection with
44 community redevelopment for the purpose of preventing and
45 eliminating slums and blight; amending s. 163.380, F.S.;
46 subjecting the disposal of property acquired by eminent
47 domain within a community redevelopment area to certain
48 restrictions; eliminating the authority to use eminent
49 domain to acquire certain areas adjacent to disposed
50 property; amending s. 166.401, F.S.; requiring that the
51 governing body of a municipality adopt a resolution in
52 order to acquire a property through the use of eminent
53 domain; providing that a municipality exercising eminent
54 domain must strictly comply with the limitations in ss.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
HB 1567, Engrossed 2
2006 Legislature
55 73.013 and 73.014, F.S.; amending s. 166.411, F.S.;
56 providing that the exercise of eminent domain by a
57 municipality is subject to the limitations in ss. 73.013
58 and 73.014, F.S.; eliminating the authority of a
59 municipality to use eminent domain for the abatement of
60 nuisances; providing applicability; providing an effective
61 date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Section 73.013, Florida Statutes, is created to
66 read:
67 73.013 Conveyance of property taken by eminent domain;
68 preservation of government entity communications services
69 eminent domain limitation; exception to restrictions on power of
7o eminent domain.--
71 (1) Notwithstanding any other provision of law, including
72 any charter provision, ordinance, statute, or special law, if
73 the state, any political subdivision as defined in s. 1.01(8),
74 or any other entity to which the power of eminent domain is
75 delegated files a petition of condemnation on or after the
76 effective date of this section regarding a parcel of real
77 property in this state, ownership or control of proper
78 °acquired pursuant to such petition may-not be conveyed. by the
79 condemning authority or any other entity to a natural person or
80 private entity, by lease or otherwise, except that ownership or
81 control of property acquired pursuant to such petition may be
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
HB 1567, Engrossed 2
2006 Legislature
82 conveyed, by lease or otherwise, to a natural person or private
83 entity:
84 (a) For use in providing common-carrier services or
85 systems;
86 (b)1. For use as a road or other right-of-way or means
87 that is o pen to the public for transportation, whether at no
88 charge or by toll;
89 2. For use in the provisia~i of transpor~at-ion-related
90 services, business opportunities, and products pursuant to s.
91 338.234, on a tell road;
92 (c) That is a public or private utility for use in
93 providing electricity services or systems, natural or
94 manufactured gas services or systems, water and wastewater
95 services or systems, stormwater or runoff services or systems,
96 sewer services or systems, pipeline facilities, telephone
97 services or systems, or similar services- or systems;
98 (d) For use in providing public infrastructure;
99 (e) That occupies, pursuant to a lease, an incidental part
100 of a public property or a public facility for the purpose of
101 providing goods or services to the public;
102 (f) Without restriction, after public notice and
103 competitive bidding unless otherwise provided by general law, if
104 less than 10 years have elapsed since the condemning authority
105 acquired title to the property and the following conditions are
106 met:
107 1. The condemning authority or governmental entity holding
108 title to the property documents that the property is no longer
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F L O R I D A
ENROLLED
HB 1567, Engrossed 2
2006 Legislature
109 needed for the use or purpose for which it was acquired by the
110 condemning authority or for which it was transferred to the
111 current titleholder; and
112 2. The owner from whom the property was taken by eminent
113 domain is given the opportunity to repurchase the property at
114 the price that he or she received from the condemning authority;
115 (g) After public notice and competitive bidding unless
116 otherwise provided by-general law, if thP_progerty was owned and
117 controlled by the condemning authority or a governmental entity
118 for at least 10 years after the condemning authority acquired
119 title to the property; or
120 (h) In accordance with subsection (2).
121 (2)(a) If ownership of property is conveyed to a natural
122 person or private entity pursuant to paragraph (1)(a), paragraph
123 (1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e),
124 and at least 10 years have elapsed since the condemning
125 authority acquired title to the property, the property may
126 subsequently be transferred, after public notice and competitive
127 bidding unless otherwise provided by general law, to another
128 natural person or private entity without restriction.
129 (b) If ownership of property is conveyed to a natural
130 person or private entity pursuant to paragraph (1)(a), paragraph
131 (1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e),
132 and less than 10 years have elapsed since the condemning
133 authority acquired title to the property, the property may be
134 transferred, after public notice and competitive bidding unless
135 otherwise provided by general law, to another natural person or
Page 5 of 30
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H O U S E O F R E P R E S E N T A T I V E S
hb1567-05-er
f
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
HB 1567, Engrossed 2
2006 Legislature
136 private entity without restriction, if the following conditions
137 are met:
138 1. The current titleholder documents that the property is
139 no longer needed for the use or purpose for which the property
140 was transferred to the current titleholder; and
141 2. The owner from whom the property was taken by eminent
142 domain is given the opportunity to repurchase the property at
143 the price that he or sYre -receised from-tree condemning authority..
144 (3) This section does not affect the limitation on a
145 government entity's powers of eminent domain contained in s.
146 350.81 (2) (j) .
147 (4) The power of eminent domain shall be restricted as
148 provided in chapters 73, 127, 163, and 166, except when the
149 owner of a property relinquishes the property and concedes to
150 the taking of the property in order to retain the ability to
151 reinvest the proceeds of the sale of the property in replacement
152 property under s. 1033 of the Internal Revenue Code.
153 Section 2. Section 73.014, Florida Statutes, is created to
154 read:
155 73.014 Taking property to eliminate nuisance,. slum, or
156 blight conditions prohibited.--
157 (1) Notwithstanding any other provision of law, including
158 any charter provision, ordinance, statute, or special law, the
159 state, any political subdivision as defined in s. 1.01(8), or
160 any other entity to which the power of eminent domain is
161 delegated may not exercise the power of eminent domain to take
162 private property for the purpose of abating or eliminating a
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hb1567-05-er
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
HB 1567, Engrossed 2
2006 Legislature
163 public nuisance. Notwithstanding any other provision of law,
164 including any charter provision, ordinance, statute, or special
165 law, abating or eliminating a public nuisance is not a valid
166 public purpose or use for which private property may be taken by
167 eminent domain and does not satisfy the public-purpose
168 requirement of s. 6(a), Art. X of the State Constitution. This
169 subsection does not diminish the power of counties or
170 municipalities to adopt or enforce co»Aty or munici_pa1
171 ordinances related to code enforcement or the elimination of
172 public nuisances to the extent such ordinances do not authorize
173 the taking of private property by eminent domain.
174 (2) Notwithstanding any other provision of law, including
175 any charter provision, ordinance, statute, or special law, the
176 state, any political subdivision as defined in s. 1.0.1(8), or
177 any other entity to which the power of eminent domain is
178 delegated may not exercise the power of eminent domain to take
179 private property for the purpose of preventing or eliminating
180 slum or blight conditions. Notwithstanding any other provision
181 of law, including any charter provision, ordinance, statute, or
182 special law, taking private property for the purpose of
183 preventing or eliminating slum or blight conditions is not a
184 valid public purpose or use for which private property may be
185 taken by eminent domain and does not satisfy the public-purpose
186 requirement of s. 6(a), Art. X of the State Constitution.
187 Section 3. Section 73.021, Florida Statutes, is amended to
188 read:
Page 7 of 30
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hb1567-05-er
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HJR 1569, Engrossed 2 2006
1 House Joint Resolution
2 A joint resolution proposing an amendment to Section 6 of
3 Article X of the State Constitution relating to eminent
4 domain.
5
6 Be It Resolved by the Legislature of the State of Florida:
7 That the following amendment to Section 6 of Article X of
8 the State Constitution is agreed to and shall be submitted to
9 the electors of this state for approval or rejection at the next
10 general election or at an earlier special election specifically
11 authorized by law for that purpose:
12 ARTICLE X
13 MISCELLANEOUS
14 SECTION 6. Eminent domain.--
15 (a) No private property shall be taken except for a public
16 purpose and with full compensation therefor paid to each owner
17 or secured by deposit in the registry of the court and available
18 to the owner.
19 (b) Provision may be made by law for the taking of
20 easements, by like proceedings, for the drainage of the land of
21 one person over or through the land of another.
22 (c) Private property taken by eminent domain pursuant to a
23 petition to initiate condemnation proceedings filed on or after
24 January 2, 2007, may not be conveyed to a natural. persorsar
25 private entity except as provided by general law-passed by a
26 three-fifths vote of the membership of each house of the
27 Legislature.
Page 1 of 2
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hjr1569-03-e2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HJR 1569, Engrossed 2 2006
28 BE IT FURTHER RESOLVED that the following statement be
29 placed on the ballot:
30 CONSTITUTIONAL AMENDMENT
31 ARTICLE X, SECTION 6
32 EMINENT DOMAIN.--Proposing an amendment to the State
33 Constitution to prohibit the transfer of private property taken
34 by eminent domain to a natural person~or private entity;
35 providing that the Legislature may by general law passed by a
36 three-fifths vote of-the membership of each house of the
37 Legislature permit exceptions allowing the transfer of such
38 private property; and providing that this prohibition on the
39 transfer of private property taken by eminent domain is
40 applicable if the petition of taking that initiated the
41 condemnation proceeding was filed on or after January 2, 2007.
Page 2 of 2
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hjr1569-03-e2
'ti` ~~I~sIDA k'r~I~ g~
I~itA~ ~~, 2QU®6
~c~~~ ~~~~~ ~0~0 ~~~~ ~~~a~~ ~®~~~
By BILL KACZOI~, Associated Press ~Nriter, 5/12
A bill that will immediately limit the ability of local governments to condemn homes and
other property for private redevelopment projects became law Thursday with Gov. Jeb
Bush's signature.
The legislation, similar to measures introduced or enacted in most other states, is in
response to a U.S. Supreme Court decision approving the use of eminent domain for
economic development. `
"The law severely restricts state and local governments' power to take private property
and transfer (it) to another private entity," Bush said in• a statement. °'The right to own.
properly is fundamental to freedom. Property ownership is the ultimate reward for hard
work."
Besides the bill, `~:he Legislature has placed a proposed Mate constitutional amendment
also restricting eminent domain on the IVov. 7 ballot.
While the new law is filled with details and specific restrictions, the amendment is a more
general ban on the taking of property and conveying it to another private owner. The
amendment, which would not go into effect until Jan. 2, lets the Legislature make
exceptions to the ban only by a three-fifths vote in each house.
The new law prohibits the use of condemnation to eliminate slums or blighted areas. It
allows cities and counties to sell; through a bidding procedure, property obtained through
condemnation only after it has been held for at least 10 years.
l~iviera Beach Mayor Michael Brown said his city may have preserved its ability to use
eminent domain fora $2.4 billion redevelopment project by signing a contract
Velednesday night. It could displace more than 5,000 residents with condominiums, shops
and a marina.
Brown said he believed the city had a contract with Viking Inlet Ilarbor Properties before
then but signed additional documents just in case. That still may not help because
condemnation proceedings have not yet begun.
"I'm sure we'll end up in court," Brown said.
~~~~~ r'FIEl~[i 9~
I~SY 22, ~~~6
I~li~l,~~ II$IEII.IEA~IE T1+11g®I~ I~AIY~II~ V~ J~lI,IF~~il~
ATl'ILAI~T'IC'I[cC ]~]EAClF1I IFItII~lE ]I~ATl[I\T~ Ii~IL~~VIEIlD
IViI~y ll~, ~,~~~ .
The City of Atlantic Beach fire rating has been improved to a class three by the Insurance
Service Office (ISO). Fire ratings from the ISO range from 1 to 10, with 1 being the best.
According to the ISO, only 3.4 percent of ratings given nationwide are Class 3 or better. Many
insurance companies that offer residential and commercial policies use the ISO rating as one of
their criteria for setting the rates that customers in ~~lantic Beach pay and this will certainly be
good news for those policy holders. This rating will take effect on September lst
The last ISO inspection done in Atlantic Beach was in 1996 which resulted in a Class 4 rating.
The fire rating consists of scores both for the fire service as well as the water system. The scores
for both have improved since 1996. According to David Thompson, Public Safety Director for
Atlantic Beach "The primary purpose of contracting fire services with Jacksonville was to
provide a higher level of fire protection and emergency medical service for the citizens of
Atlantic Beach. The improved ISO rating represents an independent confirmation that we are
achieving that goal." Donna I~aluznia.k, Utilities Director for Atlantic Beach, said "The most
dramatic improvement was the inspection frequency and condition of the hydrants followed by
the overall water system, including capacity and hydrant distribution. I believe the replacement
of old, undersized water mains, including installing new hydrants, and the addition of a new
elevated tank contributed greatly to the higher rating of the water system and hydrant condition."
Mayor ~Tolfson noted that "Providing good fire protection is one of the main purposes of local
government and this improved rating is just another example of why Atlantic Beach is such a
great place to live. The ~]Vater Department staff have been working for years to accomplish
many of the projects in our long term plan and are due our appreciation for a job well done.
Also, David Thompson, arid members of the Jacksonville Fire Department have made great
strides to provide top notch service."
A~FI~TIDA ~T~P~ ~A
IG~51' 22, ~®~i~
4 8 EVES DRIVE SUITE 200 MARLTON , NJ DBD53 (856) 985-56D0 FAX (B56) 985-6464
May 4, 2006
NIl-. Jim Hanson, Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233 ~-
RE: Public Protection Classification Results
Atlantic Beach, Duval County, FL
Dear Mr. Hanson:
We wish to thank you and the other community officials for your cooperation during our recent
Public Protection Classification (PPC) survey. ISO is the leading supplier of statistical, underwriting,
acid actuarial ilfonnation for the property/casualty insurance industry. Most insurers use the PPC
classifications for underwriting and calculatiig premiums for residential, commercial and industrial
properties.
ISO has completed its analysis of the structure fire suppression delivery system provided in your
community. We would like to report that the resulting classification is a Class 3. This classification
number applies to all properties in the classified area with a needed fire flow of 3,500 gpm or less.
The private and public protection at properties ii the jurisdiction with larger fire flows is individually
evaluated and may vary from the jurisdiction classification. Congratulations on your connmitment to
serve the needs of your coininunity's property ovvilers and residents.
ISO will advise its subscribing usurers of this classification change within the next 30-days acid
assign an effective date of September 1, 2006. This date allows insurers the necessary lead time to
incorporate the Public Protection Classification change into thee- policy rating systems.
Enclosed is a summary of the ISO analysis of your fire suppression services. If you would like to
lalow how your community's classification could inprove, or if you would like to leans about the
potential effect of proposed changes to your fire suppression delivery system, please call us at the
phone number listed below.
The PPC program is not iltended to analyze all aspects of a comprehensive structure fire suppression
delivery system program. It is not for purposes of determining compliance with any state or local
law, nor is it for making reconunendations about loss prevention or life safety.
A~EP~F~A ~'~'lEM m~
I~i[A~ 22, '~0®6
If you have any questions about your classification, please let us ltiiow.
Sincerely,
(856) 985-5600 Ext. 403
of
Encl.
f
cc: Chief Richard A. BarrettlDirector, Jacksonville Fire,& Rescue Department
Ms. Domia Kaluz~iiak, Utility Director, City of Atlantic Beach
Mr. David E. Thompson, Director of Public Safety
Ms. Denise R. Coney, Communications Manager, Jacksonville Fire Dispatch
~~G~~~{IF~TID7A~p ~Tpt'r~~P~V}~JC/ ~A
T>~>E ~s®PU~>~~~ P>~®~>~~cT>r®~r ~><JASS~F~CA~>r®~r (PP~c) ~~®~I~l~it
ISO's PPC program evaluates communities according to a uniform set of criteria defined in the
Fire Suppression Rating Schedule (FSRS). This criteria incorporates nationally recognized
standards developed by the National Fire Protection Association and the American Water Works
Association.
Using the FSRS, ISO objectively reviews the fire suppression capabilities of a coirunuiuty and
assigns a Public Protection Classification - a number fiom 1 to 10. Class 1 represents exemplary
fire protection, and Class 10 indicates that the area's fire suppression program does not meet
minimum recognition criteria.
The FSRS allocates credit by evaluating the following three major features:
Fire alarm aild communication system. This review accounts for 10% of the total
classification which centers upon a conuz~unity's facilities and support for handling and
dispatching fire alarms.
Fire department. This review accounts for 50% of the total classification which focuses
upon items such as engine companies, ladder or service companies, distribution of fire
stations and fire companies, equipment carried on apparatus, pumping capacity, reserve
apparatus, department manning, and training.
Water supply system. This review accounts for 40% of the total classification
highlightuzg the water supply a corrnnunity uses for fire suppression, including hydrant
size, type, a11d installation, as well as the inspection fiequency and condition of fire
hydrants.
When ISO develops a single classification for a conununity, all of the community's properties
receive that classification. hz many communities, ISO develops a split classification (for
example, 5/9). Generally, the first class, (Class 5 in the example) applies to properties within a
defined distance (5-road miles in most states) of a fire station and within 1000 feet of a fire
hydrant. The second class (Class 9 in the example) applies to properties beyond 1000 feet of a
hydrant but within the defined distance of a fire station. ISO generally assigns Class 10 to
properties beyond the defined distance of a fire station.
~mo.~~u~ku-ywadl~ ~~o~9uar ~o•®~~c~u®u~ ~~~~~~~ac~~u®o•a ~a~~u~u~o-y
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Classifications
1 2 3 4 5 6 7 8 0 10
~~]EPdII~l~ L~'r~I'l~ 9~
PJIi ~~ 22, 2~®~
Cn~ading Sheet For: Atlantic Beach, FL
Duval County
Public Protection Class: 3
Feature
Receiving and Handling Fire Ala1-ms
Fire Department
Water Supply
`Divergence
Total Credit
Surveyed: February, 2006
Credit Maximum
Assi~,ned Credit
8.31% 10.00%
36.28% 50.00%
38.10% 40.00%
-4.54%
78.15% 100.00%
The Public Protection Class is based on the total percentage credit as follows:
Class
1 90.00 or more
2 80.00 to 89.99
3 70.00 to 79.99
4 60.00 to 69.99
5 50.00 to 59.99
6 40.00 to 49.99
7 30.00 to 39.99
g 20.00 to 29.99
9 10.00 to 19.99
10 0 to 9.99
*Divergence is a reduction in credit to reflect a difference in the relative credits for Fire
Department aild Water Supply.
The above classification has been developed for use in property insurance premium
calculations.