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01-09-17 Minutes City Commission Meeting v MINUTES REGULAR CITY COMMISSION MEETING January 9,2017 CITY HALL,800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Mayor Pro Tem John Stinson City Manager Nelson Van Liere Commissioner Harding City Clerk Donna L. Bartle Commissioner Jimmy Hill Commissioner M. Blythe Waters Invocation and pledge to the flag Commissioner Harding gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:31 p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of Minutes A. Approve minutes of the Commission Meeting on November 28,2016. B. Approve minutes of the Commission Meeting on December 12, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. Mayor Reeves explained the process for public comments and his plan to move Item 6A up to address immediately following Courtesy of the Floor. • 2. Courtesy of the Floor to Visitors A. Presentation of Checks for Contributions to Atlantic Beach Elementary, Beaches Council for Aging, Mayport Middle School, and Beaches Fine Arts. Recreation Director Timmy Johnson introduced representatives from the various non-profit organizations and presented them with a check. Kristen Price, Community Education Coordinator for the Afterschool Enrichment Program at Atlantic Beach Elementary, spoke about the many programs that they are able to offer as a result of the funding they receive from Atlantic Beach and thanked the Commission for its generous contribution on behalf of everyone at Atlantic Beach Elementary. She explained that with their support, it allows them to offer financial scholarships to less fortunate children, who may not otherwise be able to afford those classes, and provides supplies. It also pays for entertainment as well as other activities. Mayor Reeves explained to the citizens that this presentation represents how the City of Atlantic Beach gives back to the community with tax dollars and how they are spent to improve education. Henry Burnett, Vice President of Operations Beaches Counsel for the Aging/Dial-A-Ride explained that Beaches Dial-A-Ride service which benefits senior citizens and the disabled at the beaches. There is a $5.00 fee and if it is unaffordable to a citizen they do not charge. He thanked the Commission for their contributions. January 9,2017 REGULAR COMMISSION MEETING Pace 2 Katrina McCray, Principal for Mayport Middle School, thanked the Commission for their contributions and is honored that the Atlantic Beach Community recognizes and supports their small middle school. She explained that with the funding,they are able to buy supplies for the Summer Enrichment Program. Kathy Wallis, Executive Director of the Beaches Fine Arts explained that they are able to present free of charge concerts featuring world class artists for every member of the community. We also bring award winning educational outreach programs into the schools and pay for busing to bring the children to the outreach programs if they are at a different location. She stated that the Commission's support has been integral to making sure that they can continue bringing these programs into the community free of charge. She thanked the Commission again for their support and stated that it is enormously important to their organization. A photo was taken with Mayor Reeves,the Commissioners and the non-profit organizations. Commissioner Hill thanked the representatives for taking the time to be involved in the organizations that help make our community great. Mayor Reeves asked Timmy Johnson to report on the amount of contributions that were made to each non-profit organization by the City of Atlantic Beach. Mr. Johnson reported Atlantic Beach Elementary after school enrichment program, received a check for $15,500.00; Dial-A-Ride Beaches Counsel for Aging received $1,500.00; Mayport Middle School transition camps,received $12,000.00; and Beaches Fine Arts received$3,000.00 for their program. Mayor Reeves commented on the Toy Party held for kids and thanked Mr. Dee Davis for his help with the event. Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Donna Bartle called each speaker to the podium. Donna Deegan, shared that it is the 10th Anniversary of the Donna Marathon weekend and thanked the whole community of Atlantic Beach and the Commission for the incredible support for their race. She explained they have had more than 100,000 runners come through Atlantic Beach on marathon weekend and many are survivors. She reported the community has been amazing and has helped raise millions of dollars for under-served women with breast cancer to help pay for their critical needs,for things like their electric bills, mortgages and their childcare and things they need while going through treatment, so that they can worry about getting better instead of just surviving. She thanked the City and presented the Commission with a 10th Anniversary poster. A photo was taken of Ms. Deegan and the Commission. She also thanked the public service employees,the officers and support crew stating she could not possibly do it without them. Mayor Reeves recognized and thanked former Mayors Borno and Wolfson as well as former Commissioner Beckenbach for attending the meeting. Tim Anderson,824 Sherry Drive, spoke about the Ordinance permitting backyard hens and about equal agricultural rights for all. He presented a handout to the Commission. Brittany Norris, 1183 Violet St., spoke in support of the Ordinance permitting backyard hens and explained the benefits of raising them. January 9,2017 REGULAR COMMISSION MEETING Page 3 Benjamin Hueber, 1202 Hibiscus St., spoke in support of the Ordinance permitting backyard hens and explained the benefits of raising them. Kelly Erhayel, 1649 Norton Hill Dr., Jacksonville, expressed concern about City Staff not returning calls or emails when she contacts them. She believes everyone should be able to count on their City and receive a response. Genora Crain-Orth, 2922 Forbes St., Jacksonville, spoke in support of the Ordinance permitting backyard hens. David Bennett 1887 Beachside Ct.,expressed concern about the phosphate control bid being sole source. He spoke about the need for pensions to be solvent and the numbers they are based on to be realistic. He suggested that the City consider whether or not it is necessary to hire a new employee and provide a pension. He wished the Commission a Happy New Year and thanked them for their service to the City. Diana Latta-Brandstaetter,254 Oceanwalk Dr.S.,spoke about her concerns for the Coyotes in Atlantic Beach and strongly urged the City to take action by instituting a trapping program. She submitted a handout titled, Coyote Problem in Atlantic Beach. Chris Jorgensen, 92 W 3" St., spoke in support of Resolution No. 17-02, terminating the appointment of Nelson Van Liere as City Manager. Paula O'Bannon,3041st St.,expressed disappointment for the low attendance at the Atlantic Beach 90th Anniversary Event held at the Adele Grage Cultural Center and expressed desire to serve on the committee for the 100th Anniversary event. She spoke about the house on East Coast Drive and suggested that the City impose a fine. She expressed concerns about sidewalks disappearing in Atlantic Beach and asked to have sidewalks put back and stop allowing people to take them and turn them into their own yards. Mike Borno, 223 Ocean Forest, Former Mayor of Atlantic Beach, spoke in support of Resolution No. 17-02,terminating the appointment of Nelson Van Liere as City Manager. Stephen Fouraker 387 6th St., spoke against Resolution No. 17-02, terminating the appointment of Nelson Van Liere as City Manager and read Mr. DeCandis' resignation letter. Michael Sheklin, 1985 Brista De Mar Cir., spoke against Resolution No. 17-02, terminating the appointment of Nelson Van Liere as City Manager. Elizabeth Neville, 1060 Seminole Rd., requested that, before voting on the Resolution No. 17-02, the Commission please consider all facets of his work and accomplishments,avoid emotion, ignore innuendo and consider the progress we have achieved under his leadership. She stated she does not want the Commission to have a reputation of being a firing squad. Don Ford 338 6th St., Former employee of the City of Atlantic Beach and resident, explained his connections with Atlantic Beach and spoke against Resolution No. 17-02,terminating the appointment of Nelson Van Liere as City Manager. Donna Kaluzniak 47 Millie Dr., Jacksonville Beach, Former Utility Director of the City of Atlantic Beach, spoke against Resolution No. 17-02, terminating the appointment of Nelson Van Liere as City Manager. January 9,2017 REGULAR COMMISSION MEETING Page 4 Chris Lambertson,355 11th St., spoke in support of Resolution No. 17-02,terminating the appointment of Nelson Van Liere as City Manager and presented a packet to the Commission. Brea Paul,330 Sargo Rd., spoke in support of the Ordinance permitting backyard hens. Don Wolfson 1725 Beach Ave., Former Mayor of Atlantic Beach, explained the City of Atlantic Beach's form of government, spoke against Resolution No. 17-02,terminating the appointment of Nelson Van Liere as City Manager and urged the Commission to follow the Charter and comply with their oath. Mayor Reeves stated that he wanted to address two statements that were raised by members while on the Courtesy of the Floor. He stated to Ms. O'Bannon that he attended the 90th Birthday Celebration at the Adele Grage Cultural Center and he paid for the wine,which he hoped she enjoyed. He explained the city manager was there as well, but he too was disappointed that the turnout was so low. He also explained the office he asked for in City Hall is not the Mayor's office, it is a spare office for each Commissioner to use when they need to meet with our citizens. It is also used by the City Attorney and since the Police Department's displacement, it has been offered to the Police Department to meet with citizens. (Mayor Reeves called for a recess at 7:55 p.m. and reconvened the meeting at 8:03 p.m.) Douglas Speed 1207 Seminole Rd., expressed concern about receiving a warning ticket for parking on the right-of-way on Seminole Road by his home while having company visit for the holidays but since then has seen others do it without receiving warning tickets. He believes everyone should be given the same warning. He also asked why the City picks up garbage three different days in a row on Seminole Road. He spoke against Resolution No. 17-02,terminating the appointment of Nelson Van Liere, as City Manager. No one else from the audience spoke so Mayor Reeves closed the Courtesy of the Floor to Visitors. (Item 6A was taken out of sequence and acted on at this time.) 6A. Resolution No. 17-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA TERMINATING THE APPOINTMENT OF NELSON F. VAN LIERE, AS CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Resolution by title only. Motion: Adopt Resolution No. 17-02 as read by title. Moved by Stinson, Seconded by Harding Commissioner Stinson referred to his written report included in the agenda packet as he explained his reasons for recommending the resolution terminating the appointment of the city manager. Commissioner Hill explained he does not find a breach of trust in this incident and questioned Commissioner Stinson about his involvement in the various process and what made him unhappy with the variance since an administrative variance is very common. Commissioner Stinson explained how he got involved and about the lack of clarity and transparency. January 9,2017 REGULAR COMMISSION MEETING Paye 5 Commissioner Hill further commented about not fording deception or a lack of trust in this incident or any other issue. Commissioner Waters spoke in support of the city manager and believes he worked in good faith. She began to point out an issue with a citizen's financial interest against the developer. City Attorney Durden cautioned the Commission about discussing a potential alleged legal matter between parties and whether or not that was involved in some kind of motivation. Commissioner Waters spoke about transparency. She expressed concern that there was a lot of information that was not disclosed and when she was asked to find the lack of trust in the city manager, instead she found lots of other things not to trust. She distributed a handout showing an example of a similar scenario (which is attached and made part of this Official Record as Attachment A) and explained that when that C.O. was granted, the administrative variance was granted de facto. She believes that the city manager was transparent and is now being castigated for doing his job. Commissioner Harding reported examples of communication and policy issues involving the city manager. He stated that he has never found deception and finds him to be an honest and upright man. He explained that they have to look for what is in the best interest of the City. Mayor Reeves spoke about communication and management issues with the city manager. He explained his involvement in the variance issue and believes the Commission has been very transparent. Commissioner Stinson explained that he believes this is about knowing one fact and communicating something entirely different to residents,the City Attorney and a Commissioner and a Mayor. He stated he believes the issue is black and white and since they are not making any progress,he called the question. Motion: Call the question. Moved by Stinson, Seconded by Harding Mayor Reeves explained the motion and that it would need more than three affirmative votes to pass. Votes: Aye: 3 Harding, Stinson,Reeves Nay: 2 Hill,Waters MOTION FAILED Commissioner Hill spoke about the Commission needing a class on civics and ethics and believes this move is a disservice to Mr. Van Liere and the citizens. He stated Mr. Van Liere has done a lot of good but had some work to do, but it is not fair to make him stay here in this environment. Commissioner Waters spoke about the need to clarify the City's Code. She also spoke about the role of the Commission and the proper way to express issues to the city manager and not go straight to staff. She reminded the Commission that it is their job to create legislation, not to do the day-to-day work of the City. She agreed that it is not fair to force Mr.Van Liere to work in a toxic work environment and believes it is important to let him go with dignity. She stated Mr. Van Liere is honorable, straight forward, a great negotiator and gave an example. She read a list of his accomplishments which includes designating the land owned by the Estates of Atlantic Beach as Conservation; helping with the chicken ordinance; the annexation of the Atlantic Beach Country Club and the details that went with it; the resolution of the tipping fees solution; improvements to Russell Park which continue to this day; appointing a fabulous January 9,2017 REGULAR COMMISSION MEETING Pane 6 chief to head the police department who not only improved the department's reputation in our City, but improved morale within the department; completed the Francis Street project with CDBG funding; got the controversial police building project underway with the Commission's assistance and public involvement; improved maintenance in our parks and City Hall including the lovely planting and the boulders to manage rain run-off at the entrance; completed the handicap-accessible overlook at Sixth Street; installed new kayak launches at Dutton Island; and made significant improvements to Rose Park and the small Dog Park. Commissioner Harding agreed that the city manager has shortcomings and that he has accomplished a lot. He believes that the city manager is an honest and upright person, but also believes it is unfair to ask him to continue working in the environment that he is currently working in. He explained that he spoke to Mr. Van Liere and it is apparent that it will be very difficult for him to continue working and being effective with all five Commissioners. Mayor Reeves explained an incident he had with Mr. Van Liere when he contacted him about multiple public hearings not being published and about his refusal to put policies in writing. He explained other requests that were made that have not been completed including a report about the search for a police chief, post-hurricane briefings, Seminole Road project, Safe Routes to School. He reported other examples of management and communication issues that he believed were not handled properly. Mayor Reeves called for a vote on the motion to adopt Resolution No. 17-02 as read by title. Roll Call Votes: Aye: 3 Harding, Stinson,Reeves Nay: 2 Waters,Hill MOTION PASSED (Mayor Reeves called for a recess at 9:02 p.m. and reconvened the meeting at 9:11 p.m.) (Item 6B was taken out of sequence and acted on at this time.) 6B. Resolution No. 17-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPOINTING , AS TEMPORARY INTERIM CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. Motion: Approve a resolution of the City of Atlantic Beach Florida appointing Kevin Hogencamp as temporary interim city manager and providing an effective date. Moved by Waters, Seconded by Harding Commissioner Waters provided the City Clerk with a copy of a letter from Mr.Hogencamp. She explained why she believes the interim city manager should be someone that does not want the permanent job, has experience serving as an interim city manager, and significant experience in communication and media relations. She reported Mr. Hogencamp's connection with the community and his job experience and believes Mr. Hogencamp would do an excellent job filling the City's needs. Commissioner Stinson explained the reason he proposed a temporary interim city manager was to allow Human Resources to find interested parties so the Commission could research the candidates before they January 9,2017 REGULAR COMMISSION MEETING Pane 7 are nominated. He stated his preference would be to have the motion withdrawn and nominate someone from city staff to take the role for the next two to three weeks. Commissioner Hill expressed concerns about appointing a current staff member and spoke in support of appointing someone from outside. Commissioner Harding agreed it would be unfair to ask a staff member to step in and also agreed with bringing in an outside candidate. Mayor Reeves spoke in support of using an outsider that does not want the permanent job. He expressed concern about making a decision tonight without looking at other qualified people and suggested using a current staff member temporarily to allow time to look at outside candidates. Commissioner Hill spoke in favor of appointing Mr. Hogencamp on a temporary basis. Commissioner Waters spoke about her reasons for contacting Mr. Hogencamp, his experience, her research on other resumes and her reasons for not recommending someone from staff. She confirmed that Mr. Hogencamp has no interest in applying for the permanent city manager position. City Attorney Durden asked Commissioner Waters to clarify her proposal. Commissioner Waters explained her proposal is for Mr. Hogencamp to serve as temporary interim city manager and if the Commission is happy with him, he could apply for the interim city manager position, but not for the permanent city manager position. Commissioner Stinson spoke about the resumes he received from the Florida League of Cities and the status of his research. He explained he would have liked for those resumes to be considered and believes they should not automatically exclude the person serving as the interim from consideration for the permanent role. Commissioner Hill reiterated his concern about it not being fair to use a current staff member for this role and spoke in support of Commissioner Waters' proposal. Commissioner Stinson offered to provide the resumes from the Florida League of Cities to the Commission. Mayor Reeves suggested that he provide them to Human Resources if they decide to consider them. Mayor Reeves expressed concern about selecting someone he knows nothing about. Commissioner Waters reiterated her desire to appoint Mr. Hogencamp instead of a staff member since the City is in a unique position of not being fully-staffed. Discussion ensued about the possibility of appointing Ms. Berry to the interim role. City Attorney suggested that the Commission consider what is best for the staff and the Commission over the next two to three weeks in moving forward. Finance Director Russell Caffey explained the need to have someone in place with the authority to approve purchases immediately. City Attorney agreed that it is essential for the operation of the City to appoint someone tonight to be in place tomorrow morning and to be able to take the reins immediately for a short period of time until the Commission has an opportunity to select the interim. Ms. Berry expressed concerns about serving as Human Resource Director and Interim City Manager and asked the Commission to consider another alternative, stating it would be in the best interest of the City. January 9,2017 REGULAR COMMISSION MEETING Pace 8 Commissioner Stinson expressed concern about appointing someone he knows nothing about. Motion: Call the question. Moved by Hill, Seconded by Stinson Votes: Aye: 5 Harding, Hill, Stinson,Waters, Reeves Nay: 0 MOTION PASSED City Attorney Durden suggested revising the Resolution because of the blanks in the language. She offered the following suggestions: 1) In Section 1, after"Florida", insert"until such time that an Interim City Manager is selected by the Commission", 2)In Section 1.c., decide whether or not to change it, 3) In Section 2,after"for" insert"an interim and", 4) In Section l.a. requires a compensation and filling in the name. Discussion ensued about the terms of the contract and City Attorney Durden explained that the resolution was drafted with the concept in mind to that there would be somebody from staff to serve in this temporary interim position. She explained the reasons to consider appointing someone in-house for a very short period of time to fulfill this role and advised them that, although she does not prefer anything less than a 72-hour notice,they can call a meeting with 48-hour notice. Discussion ensued. City Attorney Durden redirected the discussion on revising Resolution No. 17-03. Commissioner Stinson explained the need to address the motion of Mr. Hogencamp first before making a motion to revise Resolution No. 17-03. The Commission discussed how to handle the motion. Commissioner Waters suggested that they let the motion die and she would move to approve Resolution No. 17-03,a Resolution of the City of Atlantic Beach,Florida appointing Kevin Hogencamp as Temporary Interim City Manager and Providing an Effective date with the amendment that 1) Section 1 a. "The compensation and salary of Kevin Hogencamp shall be$2,300 a week",2)strike Section 1.c.,3)In Section 2., "The Human Resource Director is hereby directed to initiate and coordinate the recruitment process for an interim city manager and for a permanent city manager.", 4) Section 4, Authorize the HR Director to negotiate terms or a contract with Kevin Hogencamp to serve as Temporary Interim City Manager. City Attorney Durden advised that they cannot let the motion just die; you have to vote on the motion; you cannot withdraw the motion. Roll Call Votes: Aye: 0 Nay: 5 Harding,Hill, Stinson,Waters, Reeves MOTION FAILED Motion: Approve Resolution No. 17-03, a Resolution of the City of Atlantic Beach Florida appointing Kevin Hogencamp as the temporary interim city manager and providing an effective date with the amendment to 1) Strike Section 1.c; 2) Section l.a. should read "The compensation and salary shall be $60 per hour with no overtime", 3) Section 2., shall be amended to read "The Human Resource Director is hereby directed to initiate and coordinate the recruitment process for an interim city manager and for a permanent city manager.", 4) Add a Section 4 to authorize our HR Director to negotiate the terms or contract with Kevin Hogencamp to serve as Temporary January 9,2017 REGULAR COMMISSION MEETING Page 9 Interim City Manager, 5)It is also appropriate that the Temporary Interim City Manager shall be able to apply only for the Interim City Manager position. Moved by Waters, Seconded by Harding Commissioner Waters confirmed that the terms or contract could be negotiated as a 1099 employee. Roll Call Votes: Aye: 4 Hill,Waters, Harding,Reeves Nay: 1 Stinson MOTION PASSED Mayor Reeves asked Ms. Berry to reach out to Mr. Hogencamp and report back to the Commission. City Clerk Bartle asked if the resolution should include the suggestion made by City Attorney Durden to Section 1 to insert the words "until such time that an Interim City Manager is selected by the Commission" after the word "Florida". It was agreed that the language should be added. 3. Unfinished Business from Previous Meetings A. Review of Street Sweeping Activities within the City of Atlantic Beach. Public Works Director Don Jacobovich explained his staff report. He reported that the street sweeper will be here this coming Wednesday, and he has given us his three zones which will be posted on the public works page of the City's website. He indicated they will be monitoring him and after he sends in his GPS reports the information will be provided so that people can see where he went and whether he was on their street or not. B. CRA Update Mayor Reeves gave an update on the CRA. He reported that he and Mr. Van Liere met with Sam Mousa and Mike Weinstein at the City of Jacksonville and presented the Mayport Road Community Redevelopment Area project. He explained the City of Jacksonville objected to using tax dollars to fund the CRA. They did not feel that it was profitable and it takes too long to receive the money. He stated the City of Jacksonville is very interested in partnering with our City on some other smaller projects. Commissioner Hill suggested looking at the product that the City paid$90,000 for and using some aspects of it. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Building Department Report and Financial Report for November 2016 and Major Public Works Projects Fiscal Year 2016-2017 Status Report as of 12/28/16. B. Approve purchase of the 2017 Mack GU813 truck with Galbreath Roll-off Hoist and Pioneer Tarper from Nextran Truck Centers in the amount of $149,464 ($167,964 less January 9,2017 REGULAR COMMISSION MEETING Page 10 $18,500 for trade in)and Declare the City's 2002 Mack unit D-9 truck as Surplus to allow it to be used as a trade in for the new vehicle. C. Authorize the Mayor to sign all required paperwork related to these JAG grants and to authorize Police staff to submit, sign and manage these grants on behalf of the mayor and the City. D. Authorize the Mayor to sign all required paperwork related to this grant and to authorize police staff to submit, sign, and manage this JAG grant on behalf of the Mayor and the City. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner wanted to pull an item from the Consent Agenda for discussion. Commissioner Hill pulled Item 4C and 4D; Commissioner Waters pulled Item 4A and Mayor Reeves pulled Item 4B. Item 4A: Commissioner Waters requested a brief verbal report on the state of the Seminole Road project. Mr. Jacobovitz reported that they received the final construction plans about a week and a half ago and as soon as they are finished being reviewed they will start the bidding process. Item 4B: Mayor Reeves questioned how the price of the truck went from $110,602.00 to $168,000 with a price difference of almost$60,000.00. Mr. Jacobovitz explained that the City chose some of the add-on options which increased the cost of the truck. Mayor Reeves asked if the additional products had to come from that car dealer and Mr. Jacobovitz did not know. Item 4C and 4D: Commissioner Hill asked whether the City Manager should sign these grants going forward, instead of the Mayor. Chief Vic Gualillo explained the grant requires that the Mayor sign on behalf of the City. Motion: Accept the Consent Agenda (Items A, B, C and D) as read. Moved by, Waters Seconded by, Stinson Votes: Aye: 5 - Harding,Hill, Stinson,Waters,Reeves Nay: 0 MOTION PASSED 5. Committee Reports There were no Committee Reports. 6. Action on Resolutions A. Resolution No. 17-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA TERMINATING THE APPOINTMENT OF NELSON F. VAN LIERE, AS CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. (This item was taken out of sequence and acted on earlier in the meeting.) B. Resolution No. 17-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPOINTING January 9,2017 REGULAR COMMISSION MEETING Pane 11 , AS TEMPORARY INTERIM CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. (This item was taken out of sequence and acted on earlier in the meeting.) 7. Action on Ordinances A. Ordinance No. 90-17-226,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CONSIDERING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Mayor Reeves opened the public hearing. No one from the audience spoke, so Mayor Reeves closed the public hearing. Motion: Adopt Ordinance No. 90-17-226. Moved by Stinson, Seconded by Harding There was no discussion. Roll Call Votes: Aye: 5—Stinson,Waters,Harding,Hill,Reeves Nay: 0 MOTION PASSED B. Ordinance No. 95-17-113,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO AN ANNUAL FEE OF $50; LIMITING THE NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 50; PROVIDING FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM TO THE CITY COMMISSION AFTER EIGHTEEN MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Planner Derek Reeves presented slides as he explained Ordinance No. 95-17-113 and his recommendation.. He reported changes he made to the ordinance. A copy of the revised Ordinance(which is attached and made part of this Official Record as Attachment B.) was distributed to each Commissioner. Motion: Approve revised Ordinance No. 95-17-113 Move by Hill, Seconded by Waters Commissioner Hill spoke in support of the Ordinance as a return of a liberty that should have never been removed from our citizens. He believes there is no safety or health concern and very little inconvenience or impact on neighbors. Commissioner Waters spoke in support of the Ordinance,stating that chickens are a vital part of the human eco-system, they provide food and it is a way to help children connect to our food source. She believes January 9,2017 REGULAR COMMISSION MEETING Page 12 backyard hens are a vital part of maintaining a sustainable food independent of corporate agriculture and believes the citizens have asked for this and we owe them the consideration. Commissioner Stinson expressed concerns about the Ordinance and shared that the overwhelming majority of the residents that have contacted him are against this. Commissioner Harding explained he had not received emails from citizens about this ordinance until recently and they are in favor of this ordinance. Commissioner Waters mentioned that there were certainly some emails not in support,but she researched where they lived and found that most lived in an HOA which does not allow chickens in the first place. Roll Call Votes: Aye: 4-Waters, Harding,Hill,Reeves Nay: 1 —Stinson MOTION PASSED Mayor Reeves explained that the public hearing is scheduled for January 23,2017. 8. Miscellaneous Business (Discussion only) (Item 8B was taken out of sequence and addressed at this time.) B. Report on Attendance at Meetings Mayor Reeves explained the attendance report was added since it was the first meeting of the year. A. Proposed Program to provide additional contributions to the Police Defined Contribution Benefit Pension Plan. Finance Director Russell Caffey explained his staff report and recommendation and answered questions from the Commission. There was discussion about the health and funding of the plan, and the need to research ways to have the plan perform better. Commissioner Stinson expressed concern about the average rate of return and requested having the actuaries run the reports with realistic numbers. City Attorney Durden stated that Mr. Caffey needs direction from the Commission whether or not you want to move forward with this and then would be bringing back Resolution 17-01 and Ordinance 20-17- 142. She explained there may be some changes for her and Mr. Caffey to work on regarding the specific language in those two drafts. The consensus was to move this item forward. B. Report on Attendance at Meetings (This was taken out of sequence and acted on earlier in the meeting.) 9. City Manager A. 90-Day Calendar(January 2017 through March 2017) January 9,2017 REGULAR COMMISSION MEETING Page 13 Mayor Reeves explained the Town Hall meeting is scheduled for Saturday, January 21, 2017. There was a consensus to accept the 90-day calendar. City Attorney Durden spoke about scheduling the FLC Ethics video for February 1, noting she is coordinating with the City Clerk, IT Director and HR Director. He requested that the training be added to the calendar. She explained that a Notice will be put out and she will make sure there are no Sunshine violations. Commissioner Harding requested that the date be changed since he is unavailable on February 1, 2017. Commissioner Waters requested having it on a Wednesday or Friday. City Attorney Durden agreed to come up with a new date and asked that it not be put on the calendar for February 1, 2017. 10. Reports and/or requests from City Commissioners and City Attorney A. Abandoned, Dismantled, Inoperable, Unlicensed or Expired Registration Vehicle Towing Ordinance. (Commissioner Stinson) Commissioner Stinson explained his report and recommendation. Mayor Reeves spoke in favor of moving it forward for action. City Clerk Bartle expressed concerned that there may not be enough time to prepare an ordinance to include in the next agenda packet. Consensus was to move the item forward to the February 13th Commission Meeting. B. Salary Administration Plan Revisions (Commissioner Stinson) Commissioner Stinson explained his report and recommendation, adding there is no pension component to this because it is paid out as a bonus. Commissioner Hill agreed with the concept,but asked that they wait for a permanent city manager before dealing with a pay issue. There was a discussion about bringing back a policy or plan. Human Resource Director Berry stated there will not be a long-term impact on the City because, since we no longer have the fixed benefit pension plan, we are not going to have people staying 35 and 40 years. She reported that employees are fine with either adding it to pay or doing a bonus;they just want to feel part of the reward system in some way. She pointed out that the City Manager is the one in charge of administering the pay plan. Consensus to refer this to the HR Director and Finance Director to work jointly on this proposal and bring a report back to the Commission. Mayor Reeves thanked Commissioner Harding for his suggestion to issue Challenge Coins. Chief Gualillo explained the Challenge Coins were given to each employee to commemorate the service the employees gave during Hurricane Matthew. He reported the coins were very well-received and a good gesture. He added that a coin will be given to each Commissioner. Commissioner Harding • Explained how he came up with the idea for the Challenge Coins. He expressed the need to acknowledge employees for the sacrifices they made during the storm. He complimented Mr.Van Liere and Ms. Calverley for handling the project and for the well-designed coin. Commissioner Waters • Commented that she had a very favorable response to the Challenge Coins and explained how it impacted her in a very positive way. January 9,2017 REGULAR COMMISSION MEETING Pate 14 City Clerk Bartle • Welcomed Joanie Bowman, her new Administrative Assistant. Commissioner Stinson • Informed everyone that on January 19th the Board Member Review Committee will meet with various Board Chairs and staff liaisons to start the process of bringing something to the Commission about recruiting,training and retention of Board members. It is an inaugural meeting to gather input from the various different boards about what they are looking for, what they need and how we may or may not be meeting those needs. He said that on January 26th from 6:00 — 8:00 p.m., a Town Hall Meeting will be held at the Adele Grage Cultural Center so that residents can ask questions and give the press an opportunity to interact. Commissioner Hill • Thanked Commissioner Harding for the Challenge Coins, noting it was a great success. Thanked staff for putting it together and executing it. The cost to the citizens is minor compared to the appreciation that the employees feel. He believes we shined as a City in our service level. • Informed everyone that he asked the City Attorney Durden for a comprehensive review of our function as a government and our role as Commissioners so that we can have a clear understanding of what our boundaries are and are not. He stated he hoped the Commission would endorse this and would like to move forward as a team. City Attorney Durden • Reminded the Commission that if any other Commissioner chooses to attend the Town Hall Meeting that Commissioner Stinson mentioned,there will need to be a public notice. Mayor Reeves • Explained that the decision made tonight were considered over a period of time and we need to move forward. He stated that he does not apologize to anyone for standing up for the citizens. • Invited everyone to the Martin Luther King Prayer & Worship Breakfast being held at 8:00 a.m. on January 14th Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 11:26 p.m. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer w 06,014, 6, Donna L. Bartle, CMC City Clerk ATTACHMENT A Regular Commission Meeting Minutes of January 9,2017 . MAP OF SURVEY LOTS 27. BLOCK 6, PLAT No. 1. SUBDIVISION 'A`, ATLANTIC BEACH, AS RECORDED IN PLAT BOOK B. PAG69 OF ThhE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, aORIDA. • 5th STREET 40'RIGHT OF WAY PAYED et1»1 uARlc„.r 4M.Y.A1 RI Kam 0006&vAU< (49.94'MELD) arvArot.E34 n,A.vd ERE • 50.00' LDse,a PAvrliorr rnu,D 1I Inaor e. ,Ame urn PPF,N6 CAP �-•ti�� an iWF9 x...MT Ic�2 nut PTFE*0 6W,06; A flt.rb aAr. �v (. cnrc 50.90' 7� --may--^_ a R15r.49 MVOIS BU:K :in P'�Tx asefw e., C4I $2 kaon.0 "y FR*J t FE ttA°cFtae tN 120 5411 M IVO t PA[vT1,�1 01 d CLAN CUT t �� :,r If till 1 7- a -t4A 4 ' t t ny I 0 LT 95-1. MICA ' ",a,c -r Q -I - I ftroEa:Wn am r < Ch L07 29 > t 2 STORY L07 25 k ¢ FRAME AND • 'h I I W t Ft WOODRESIDESHNCEINGLE ! I W !insNo_ 300 A/O- S • nNFD1ED RO<At=11.33 o h -,� LOT 27 moi 4 M sill° PEo• o.1 $'' . 1PPPPPP_11x,1 1Lpi � -wIa4.• ©IZEua+*b • 4,0,90VAgE 151 e" Ir-72,24,'`y4 I t c25 1 C7 Pio C F �,}, CR1EEtE PA'S�.'r+, Vie. 72.N !61 ?. - 0 I "� 1 STORY m"i3 t SCALE: 1' 20' Putt PAS---_,,,EFRAME AND t � moo I Paz SHINGLE a Pk., GARAGE Buts-,0 t10OB t .01194 t c Z a r,v MN J 0.T ti•� 6` p O'. 1' 0 �aE.-. 3000 — — r Oro eIIRml'4o.c• 80.09' MOM Tu s JI r o+�1'm- (SOV 1'130) 7 RIA[.`I. g----.--- . tD. 6K sly tz> LOT 30 ( LOT 26 I LOT 26 No/Es: U!IS is A BOUNDARY SURVEY, KO BUIDING RESTRICTION LINES AS PER RAT. ' ANGLES AS PFR FIELD SURVEY: A 013'27'41" • B 8910'16- C 9019'06' 0 89.32'33' NORTH ARROW PROTRACTED FROM PLAT. BUILDING 11ES ARE TO NE FOUNDATION. THE PROPERTY SHOWN HEREON APPEARS TO LIE IN FLOOD ZONE ",X' (AREA OUTSIDE THE 0.21 ANNUAL CHANCE FLOODPLAIN) AS WELL AS CAN THIS SUR VIAS MADE FOR THE BENEFIT OF 6E DETERMINED FROM ME FLOOD INSURANCE AF AB 'II.RE, LLQ • RATE MAP PANEL NUMBER 12031C0409H, •10,”'lit REVISED JUNE 3, 2013 FOR DUVAL COUNTY, ::.I L[> FLORIDA .e.�r'. 3 "NOT VALSD k4TH0UT THE SIGNATURE AND THE e..- .4 • • ! ORIGINAL RAISED SEAL Or A FLORIDA FLCONSED - SURVEYOR AND a6A?PE`TL" C}'YDR 1d.fi:f{. , FINAL-MARCH Zg, 2014 FLORIDA 11G,rSUP.VEi'OR'dnd.',F;SAPP No. t 3285 ' ADDED JULY 23,2013 FLORIDA L10 SLIR,E.r401,t IL F:R7tG BUSINESS Na LH 3972 CHECKED 6Y: BOATWRIGHT LAND SURVEYORS, INU.I-1•!f: 7EYz 2013 ORAIYN SYc-°S GATE: , FlLf: 2014-313 1500 ROBERTS DRIVE, JACKSONVILLE BEACH. FLORIDA 2h1-8359 t PAY:AR-o z I SHEET . OF ,, 1 i - ATTACHMENT A • i • Regular Commission Meeting , xMinutes of January 9,2017 e • 1 I 2Shingle fasteners shall be 12 gage iwith 3/8—inch diameter head, of a j length to penetrate through the • roofing materials and a minimum of 3/4 inch into the roof sheathing. Where the roof sheathing is less than 3/4 the fastener shall penetrate the sheathing. SEE ELEVATIONS TEST PENETRATION IN A SMALL ROOF • 12 AREA 4o VERIFY COMPLIANCE PRIOR 9W PROCEEDING WON REST OF INSTALLATION. 1 : _ 2X12 RAFTER ASS OWN OR • • 40, A i>.. PER ENGINEER • / / • UT . z • 0 • EAVE DETAIL AND Ii _i J - RAFTER CUT TO BE W DETERMINED BY 0) LII N OWNER AT A LATER a; I TIME VERIFY PRIOR TO FRAMING II w • PLYWOOD ' • FLOOR,.__ ' (_. T. 2x10 RAFTER 1---- it! • 2' As SHOWN OR SIDING ON � PER ENGINEER MEC ON ; I I / ATTIC FLOORING OPTIONAL PLYWOOD , cV 256 OUTRIGGERS' FOR EXPOSED SHEATH '-' ' RAFTERS OR PER.; owNER Ali TYP. 24" DEEP : r j% i s OPEN WEB z.tz CEILING I JOIST OR FLOOR TRUSS . PER ENGINEER 2X6STUD WALLS •• SYSTEM Z zxe stun WALLS SEEE FLOOR PLANS o La L • o W SIDING ON I 1WEC ON • PLYWOOD 1 j;07 •3' I SFffATH u' • �I DETACHED 1 GARAGE .- • ::: DST.FROM TOP OF FOUND WAIL _: l CONCRETE SLAB . • ; ? • 10 SLAB VARIES WON SLOPE OF SLAB TO ':_ I GARAGE DOOR •Iii • . F. Ili • ill CONC.SLAB I . MU _N1= STEEL DOWEL STEM WALL Y. i. i . ..I2 FOUNDA710N III STEM WALL �1 FOUNDATION a:' • DETACHED GARAGE WALL SECTION i NO SCALE • F O E. E N G I NEE R I N G USE 1]N LT N O T EOR C O N S T R U C T I O N .+��.+..v�•.. W.4 1-1.- EN E CTI O N EN A E3 1 N G L25 FA-M I LY R E B I E.E N C E A- 1 0o3Mm: ..e.m.....a. TTTM STREET R' °a�/t6/2o1 . : qIwNTIC REACH. FLORIDA Boo...oo�rgy ba ^' •= ARC HITE CTIJ RAL .."^..em. ELITE I--1EN M EE3 INC. - . • - _ .._ ATTAGMMENT A __ _ Regular Commission Meeting Minutes of January 9,-2017 • /... nHt s3wota 3 1ba'ioai.Hoad .-... R:4 JSd.° a<53P rYW�4FI i.t-°�� aµ1 7.`;7'..°e :I o... i3aa�.® ►.is •s �oo1a •c.s o1 .•�• .^ �J• "d rotibi.ala .. . .ot i ■■, '1T __ I :I o- v \ ,• a 111 IiI1F!it ., w, ,, wii. . .111. . /1 ' r / Ull , ,, ,., .. ■■ ij:.,, IM I i- ce Ii• :II ,,fir - I I I �� I a 1111 _ ' 1 \ llI I . . ii i BNOI...1- 13 9 vbadv �i ,O I■■■' O IP17.V <lal < u • u Z F r -la o• 1 • • I 1 ATTACHMENT A Regular Commission Meeting Minutes of January 9,2017 36 i 5t St, Atlantic Beach, FL 1 _ __. -r, r 32233 r 1111 _ y •.. _ C s.. of - -, �y � _ ....19Lfir" • 'a; Ala � -. x _ _-- 464 s ".•,,,-,(''',4: ,:; yy�. r' r . N l 1 r - • F 1.'t 142. •l' __� ._._ x7'r ,, '� .N.le: t;4: . • -r-f • } • }5thSt > d • d ' 4 tib i'ir' . ATTACHMENT B Regular Commission Meeting Minutes of January 9,2017 ORDINANCE NUMBER 95-17-113 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO A FEE OF $50; LIMITING TAE NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 50; PROVIDING FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM TO THE CITY COMMISSION AFTER EIGHTEEN MONTHS; PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE WHEREAS,Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government,perform municipal functions and render municipal services; and. WHEREAS,pursuant to the referenced provision of the Florida Constitution, a city may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS,the importance of sustainability and local food sourcing has inspired an interest in backyard and community food production within our city limits, and WHEREAS,many communities in Northeast Florida and throughout the United States have been exploring and implementing programs to integrate the keeping of backyard chickens into urban and suburban residential settings; WHEREAS,chickens are social not solitary animals, can make good pets, and findings indicate that five (5)are sufficient to meet the needs of the average family's egg consumption; and WHEREAS,residents of the city living in residentially zoned areas that are not currently allowed to keep chickens have indicated a desire to do so, asking that special attention be initiated as to how chickens can be successfully and lawfully integrated into their residential environments; and WHEREAS,the findings and recommendations of the City Commission have been considered. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH FLORIDA: Section 1. Purpose and Intent. Creation of a pilot program to permit backyard hens in certain residential zoning districts in which they are currently not permitted. This ordinance provides for a temporary exception to Section 4-7(a)of the Atlantic Beach Code of Ordinances • ATTACHMENT B Regular Commission Meeting Minutes of January 9,2017 so as to allow for the creation of a pilot program for the keeping of backyard hens, and establishes criteria and limitations so as to avoid adverse impacts on neighboring properties and residents, and to provide for the health and safety of the chickens. Nothing herein shall supersede any effective,recorded deed restriction prohibiting backyard hens on property located within the City. Section 2. Creation,Limitation,Permits,Approvals and Fees under the Pilot Program. The Commission hereby approves a pilot program for permitting backyard hens in certain residential districts enumerated herein, upon meeting the performance standards and development criteria set forth below in Section 3, and subject to the following conditions: (A) The pilot program shall allow for the issuance of no more than 50 permits within the Atlantic Beach City Limits. Permits shall be issued on a first come, first served basis and only upon the subject applicant meeting the standards and development criteria set forth in Section 3. (B) A$50 permit fee shall be required for each application. (C) Within 60 days from the date of adoption of this ordinance,the Building and Zoning Community Development Department shall create an application for a backyard hens permit and shall establish an administrative procedure for issuing said permits, collecting the permit fees, ensuring that an application meets the requirements for issuance of the backyard hens permit and for maintaining a database for tracking the households which receive permits and renewal of pellnits. (D) The pilot program shall remain in place for two (2)years from the date of adoption of this ordinance at which time it shall be extended or discontinued by action of the Commission. • (E) Within eighteen(18)months from the date of adoption of this ordinance,the City Manager shall evaluate and review the pilot program,with input from Animal Control and the Building and Planning and Zoning Department,Animal Control.the Building Department, and the Community Development Department. and shall issue a report to the City Commission as to the success of the pilot program, complaints lodged and the welfare of the hens being kept within the Atlantic Beach City limits. Section 3. Backyard Hen Permits Special Conditions. The permit for backyard hens issued pursuant to this ordinance shall be subject to the following regulations, standards and development criteria: (A) For the purpose of this pilot program, a hen (gallus domesticus)refers only to a female chicken. Up to five(5)hens (gallus domesticus)may be permitted in the rear yard of only single family dwellings located in the RS-L, RS-1,RS-2, RG,and-RG- M, PUD, and SPA zoning districts, subject to the following standards and development criteria: Ordinance 95-17-113 Page 2 of 5 ATTACHMENT B Regular Commission Meeting Minutes of January 9,2017 • (i) Hens shall be kept within a coop and will not be allowed to be free roaming. A fenced or wired in area, or"enclosed pen"is required in conjunction with a coop to provide an outside exercise area free from predators for hens. Said area shall be of a size that allows access to foraging area, sunlight, and exercise. (ii) The coop and enclosed pen shall be screened when viewed from neighbor's house_property, using an a 6 foot tall opaque fence and/or landscape screen or evergreen plantings. (iii) Any coop and enclosed pen shall be located only in the rear yard area of the property. No coop or enclosed pen shall be allowed in any front or side yard area. (iv) All coops shall be required to be anchored in such a way so as to prevent them from becoming airborne during a wind event. (v) The coop shall be covered and ventilated and an enclosed pen must be well drained so that there is no accumulation of moisture. The coop and enclosed pen shall be completely secured from predators,including openings, ventilation holes, doors and gates (fencing or roofing is required over the enclosed pen in addition to the coop.) (vi) The coops shall provide a minimum of three (3) square feet per hen and be of sufficient size to afford free movement of the hens. The enclosed pens shall provide a minimum of ten(10) square feet per hen. The coop and enclosed pen must be easily accessible for cleaning and maintenance. (vii) All stored feed shall be kept in a rodent and predator proof container. (viii)Hens may not be kept on properties developed with townhome, duplex,triplex or multifamily dwellings or any other structures except single family dwellings. (ix) Except for hens, no, ducks, geese, turkeys,peafowl,pheasants, quail,male chickens (roosters) or any other poultry or foul may be kept under this pilot program. (x) Hens shall be kept for personal use only. The selling of hens, eggs or manure or the breeding of chickens for commercial purposes is prohibited. (xi) Hens shall not be permitted to trespass on neighboring properties, be released or set free and shall be kept within a coop and enclosed pen at all times. (xii) Hen coops and enclosed pens shall be maintained in a cl an and sanitary condition at all times. Hens shall not be-p- -- - . - consisting of odor, noise or pests, or contribute to any other nuisance eendi-tion. xii) No dog or cat that kills a hen shall, for that reason alone, be considered a dangerous and/or aggressive animal. (xiv xiii)Hens that are no longer wanted by their owners shall not be taken to Animal Control,nor shall they be released. (-xiv) All residents wishing to acquire a permit must evidence the completion of a hen keeping seminar from the Duval County Agricultural Extension Office. (moi xv) Upon submission of a completed application as determined by the Building and Zoning Department, completion of the seminar from the Duval County Agricultural Extension Office, where applicable have a letter from Ordinance 95-17-113 Page 3 of 5 ATTACHMENT B Regular Commission Meeting Minutes of January 9,2017 their homeowners association allowing the keeping of hens and payment of the $50 permit fee, and following an inspection by Code Enforcement, the City shall issue the permit. (xvii xvi)All hen coops and enclosed pens shall meet the setbacks for accessory structures pursuant to Section 24-151 (b)(1)1kc. Storage and Tool Sheds of the Atlantic Beach Land Development Regulations except that chicken coops and enclosed pens shall not exceed six (6)feet in height and may not exceed one hundred(100)total square feet in area. (B) As a condition of the issuance of a permit, a permit holder consents to inspection of his or her property,upon application for a permit and upon complaint to the City,by Code Enforcement or Animal Control as related to backyard hens. Following a complaint as to a particular property and upon notice to the permit holder,the permit holder shall allow the Animal Control and/or Code Enforcement personnel to enter onto his or her property to ensure compliance with the regulations, standards and development criteria herein. The permit is also subject to the condition that, if the pilot program is not extended then all permittees shall be required to remove all hens from the property, and cease further keeping of said hens. (C) Chicken coops and enclosed pens shall be maintained in a clean and sanitary condition at all times. Hens shall not be permitted to create a nuisance consisting of odor,noise or pests, or contribute to any other nuisance condition. (D) In a public health emergency declared by the Duval County Health Department,including but not limited to an outbreak of Avian Flu or West Nile virus, immediate corrective action may be required, in accordance with applicable public health regulations and procedures and in conjunction with Animal Control Services. Section 4. Violations of the Ordinance: In the event that a violation of this Ordinance occurs, the City shall have the right to pursue any one or more.of the following remedies or actions: (A)Institute a code enforcement action and prosecute as code violations against the violator and the property owner of the real property where the violation occurs, in accordance with the City of Atlantic Beach's Code of Ordinances, (B)Take any other action or remedy authorized by law or in equity, including but not limited to, instituting an action in court to enjoin violations, in which case the violator and property owner shall be jointly and severally liable to the City for reimbursement of the City's attorneys' fees and costs concerning such action through any appellate action, if taken. (C)Revoke the permit for the keeping of hens on the property. Section 5. Severability: If any section, sentence, clause, phrase, or word of this ordinance is, for any reason,held or declared to be unconstitutional, inoperative or void, such Ordinance 95-17-113 Page 4 of 5 ATTACHMENT B Regular Commission Meeting Minutes of January 9,2017 holding or invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to be the legislative intent to pass this ordinance without such unconstitutional,invalid or inoperative part therein. Section 6. Oversight Department: The Building and Zoning Community Development Department shall oversee the pilot program as described herein. This Department shall coordinate with the Animal Control Division as to the evaluation report required by Section 2 herein and also with the Duval County Agricultural Extension Office. Section 7. Sunset: The provisions of Ordinance 95-17-113,providing for a pilot program for backyard hen peg nits, shall sunset, be repealed, and be of no further effect as of January ,2019, unless extended in subsequent legislation. Section S. Effective Date. This ordinance shall become effective upon adoption at the second and final reading. This ordinance shall not be codified. Section 9. Conflict. All ordinances,resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are repealed to the extent inconsistent herewith. Passed by City Commission on first reading this day of 2017. Passed by the City Commission on second and final reading this day of 2017. CITY OF ATLANTIC BEACH,FLORIDA MITCHELL E. REEVES,MAYOR ATTEST: DONNA. L. BARTLE • City Clerk Approved as to foiin and correctness: BRENNA M. DURDEN City Attorney Ordinance 95-17-113 Page 5 of 5