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02-13-17 Minutes City Commission MeetingMINUTES REGULAR CITY COMMISSION MEETING FEBRUARY 13, 2017 - 6:30 PM CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves Mayor Pro Tem John Stinson Commissioner Harding Commissioner Jimmy Hill Commissioner M. Blythe Waters City Attorney Brenna Durden City Manager Kevin Hogencamp City Clerk Donna L. Bartle Recording Secretary Joanie Bowman Invocation and pledge to the flag Mayor Reeves gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:30 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 Regular Commission Meeting on January 9, 2017. 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 Items 2B, 2C and 8A up on the agenda. 2. Courtesy of Floor to Visitors A. Presentation of checks to Neptune Beach Senior Center, DIG Local and Fitness and Character Education (FACE) Item 2A was taken out of sequence and acted on later in the meeting. B. Presentation of Citizen Hero Award to Sophia Rogers C. Presentation of Citizen Hero Award to Alivia Waters Interim Police Chief Vic Gualillo reported the actions of Alivia Waters and Sophia Rogers and presented them both with a Citizen Hero Award, a mug and a challenge coin for assisting the Police Department. 2. Courtesy of Floor to Visitors A. Presentation of checks to Neptune Beach Senior Center, DIG Local and Fitness and Character Education (FACE) Recreation Director Timmy Johnson explained his staff report and introduced representatives Leslie Lyne from the Neptune Beach Senior Center, Jeff Wight and Devin Rich from DIG Local and Fitness and Kirk Farber from Character Education (FACE) and presented them with a check. Representatives from each non-profit organization spoke about their program and thanked the Commission for their contribution. February 13, 2017 REGULAR COMMISSION MEETING Page 2 Mayor Reeves recognized the Scout Master and Boy Scouts that were in attendance. The Scout Master explained that they were, with Troop 276 off of Hodges Blvd., working on their Citizenship in the Community Merit Badge and are there to observe tonight. Mayor Reeves recognized Kevin Brown from Fletcher High School. Mr. Brown explained that some of his students were there to speak about their research. City Clerk Bartle called each speaker to the podium. Mike Miller, 106 Myra St., Neptune Beach, volunteer with the Beaches Sea Turtle Patrol, spoke against the Sea Turtle Watch Proposal, explaining that turtles will be at risk if the proposal is passed. Chris Jorgensen, 92 W. 3rd St., thanked the Atlantic Beach Police Department for promptly handling an incident that he reported. He voiced concern about the coyote sightings and was surprised to see a palm tree cut down in Tideview Park. He thanked the Public Works Department for the work that they did on the pier. He thanked Commissioner Stinson for the meeting regarding sidewalks. He also thanked Interim City Commissioner Kevin Hogencamp for doing a great job as well as Scott Williams and Don Jacobovitz. He stated he would like to see more technology employed in meetings. He suggested a program called YouNow, where you can interact, (face-to-face) from a meeting remotely. Emily Echevarria, 1100 Seagate Ave, Apt. 87, Neptune Beach, Junior at Fletcher High School, explained her research and spoke against the Sea Turtle Watch Proposal. Angela Chen, 31 Royal Palms Dr., student at Fletcher High School, explained her research and spoke against the Sea Turtle Watch Proposal. Mark Caldwell, 76 Oakwood Rd., Jacksonville Beach, spoke against the Sea Turtle Watch Proposal. Susan Hughes, 2233 Seminole Rd. Unit 12, spoke against the Sea Turtle Watch Proposal. Mary Mills, 3703 Valverde Cir., Jacksonville, volunteer for the Beaches Sea Turtle Patrol, spoke against the Sea Turtle Watch Proposal and asked citizens to help with beach cleanup and stay off the beach at night. Kevin Brown, 1833 Kings Ct., Jacksonville Beach, Teacher of Marine Science and Environmental Management, Fletcher High School, explained his credentials and experiences and spoke against the Sea Turtle Watch Proposal. Laura Lewis, 140 Summer Tree Ct., Ponte Vedra Beach, Director and Project Manager for the Beaches Sea Turtle Patrol, explained the organization and spoke against the Sea Turtle Watch Proposal. She read an email from Jennifer Burns with Beaches Sea Turtle Patrol (which is attached and made part of this Official Record as Attachment A). Teri Methvin, 208 Driftwood Rd., Neptune Beach, volunteer for the Beach Sea Turtle Patrol, spoke against the Sea Turtle Watch Proposal. City Clerk Bartle read the names and comments from the citizens who did not want to speak as follows: Kevin Bodge, 2618 Herschel St., was unable to attend the meeting but wanted his email read for the record. Ms. Bartle read the last paragraph of his email (which is attached and made part of this Official Record as Attachment B). February 13, 2017 REGULAR COMMISSION MEETING Page 3 Paula O'Bannon, 304 Pt St., against variances for Atlantic Beach lots and wants builders to be required to build within the limits, no exceptions. Les Methvin, 208 Driftwood Rd., against the Sea Turtle Watch Proposal. No one else from the audience spoke so Mayor Reeves closed the Courtesy of the Floor to Visitors. Mayor Reeves explained that Item 8A, Sea Turtle Watch Proposal, is on the agenda for discussion only and no action will be taken tonight. Commissioner Hill explained why he put the item on the agenda and agreed that education is the key to the survival of this species. He believed the sea turtle concern is not a City of Atlantic Beach issue but a community issue and that Florida Fish and Wildlife Conservation Commission (FWC) regulates this. Commissioner Waters agreed with Commissioner Hill that the FWC regulates this and spoke about the importance of community education relating to sea turtles. She was not in support of advancing a Sea Turtle Watch Proposal but was interested in potentially looking into hosting an education grant process. Commissioner Stinson spoke about educational opportunities. He suggested that residents who have an interest in sea turtles become volunteers with the Beaches Sea Turtle Patrol. He expressed the need for an education program and a lighting ordinance and shared a letter that he received in opposition of the Sea Turtle Watch Proposal (which is attached and made part of this Official Record as Attachment C). Commissioner Harding agreed with the need for education on wildlife. He applauded the citizens who drafted this proposal but believes the decision should be made by staff, not the Commission. Interim City Manager Kevin Hogencamp explained that Lou Catania requested to give a presentation tonight. Lou Catania expressed concern and disappointment that his proposal was misrepresented. He indicated it is not a proposal for interaction with turtles; it is an educational program for our community. Interim City Manager Kevin Hogencamp stated that unless the City Commission deemed otherwise, this issue is being handled administratively. He reported that the Cultural Arts and Recreation Advisory Committee unanimously rejected Mr. Catania's proposal and so did he and explained why. He acknowledged the opinions from the experts and others and pledged the City's direct support and direct involvement in the sea turtle education forthcoming. He believes the City can do a better job working with the Beaches Sea Turtle Patrol and providing sea turtle education. Mayor Reeves spoke in favor of an educational program for sea turtles, dunes and vegetation. He expressed his disappointment in a statement made by the Beaches Sea Turtle Patrol about possibly withdrawing the permit and pointed out that the turtles would be hurt by it. He also spoke in favor of having a lighting ordinance. Mayor Reeves explained the Commission should decide whether to give this item back to the City Manager or move it to a future meeting for discussion. Commissioner Hill expressed concern about the management of control and resources relating to the Beaches Sea Turtle Patrol and citizen interaction. He also commended the citizens for their effort and believes education is the key to the change. February 13, 2017 REGULAR COMMISSION MEETING Page 4 Commissioner Stinson offered to provide a copy of the letter he received from the Florida Fish and Wildlife Conservation Commission to the Atlantic Beach Sea Turtle Watch group. He recommended that the Commission come to a consensus to bring back a lighting ordinance. Commissioner Waters spoke in support of bringing back a lighting ordinance in the near future. She thanked Mr. Silver and Mr. Catania for asking for support in educating the community about sea turtles. Commissioner Waters explained the educational opportunities and thanked everyone who emailed, wrote and spoke in regards to this issue. Commissioner Harding spoke in favor of an educational program and a lighting ordinance. Mayor Reeves explained the consensus is that the Interim City Manager get with the City Attorney to bring back a lighting ordinance and present some type of educational program for the community. Commissioner Hill spoke about the importance of letting the beachfront residents know that they are not going to load them up with a tremendous financial burden. Commissioner Stinson explained that he learned from the FWC that a beach lighting survey will need to be done before the beach restoration work can be done. The Consensus was to direct Interim City Manager Hogencamp to work with City Attorney Durden to bring back a lighting ordinance and present an educational program. (Mayor Reeves called for a recess at 7:57 p.m. and reconvened the meeting at 8:04 p.m.) 3. Unfinished Business from Previous Meetings A. City Manager Position Description and Weighted Matrix Interim City Manager Kevin Hogencamp explained Ms. Berry's report and recommendation. Motion: Approve the proposed Job Description for the City Manager position. Moved by Waters, Seconded by Harding Commissioner Hill asked Mr. Hogencamp whether he is comfortable about it being obtainable and if there is a contingency plan if we do not get qualified candidates. Mr. Hogencamp stated that he is comfortable with it based on his knowledge of this profession and on the advice of Human Resource Director Cathy Berry. He explained he is very confident that it will bring a candidate pool of finalists that would do well in the position. Commissioner Waters commended Human Resource Director Cathy Berry on her efforts. Mayor Reeves commented that the City is in good hands with Interim City Manager Hogencamp. Roll Call Votes: Aye: - 5 Harding, Hill, Stinson, Waters, Reeves Nay: - 0 MOTION CARRIED B. Proposed Towing Ordinance February 13, 2017 REGULAR COMMISSION MEETING Page 5 Interim City Manager Kevin Hogencamp explained that the Towing Ordinance should have been on the January 23`d agenda, but he just began reviewing it closely and would like to present it for consideration on the March 27th agenda, if not sooner. Mayor Reeves suggested looking into a new ordinance that was passed by the City of Jacksonville regarding tow trucks. Mr. Hogencamp agreed to have Interim Chief Gualillo follow up on it. Commissioner Stinson reminded Mr. Hogencamp that there should also be a recommendation for salary administration consideration regarding the employees that served over twenty years that were topped out in their pay range. Mr. Hogencamp stated that he would follow up on that item. 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 Financial Report and New Business Listing for December 2016. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner would like to pull the item from the consent agenda. The item was not pulled, so there was no discussion. Votes: Harding, Hill, Stinson, Waters, Reeves Aye: - 5 Nay: - 0 MOTION CARRIED 5. Committee Reports There were no Committee Reports. 6. Action on Resolutions There were no Resolutions. 7. Action on Ordinances A. Ordinance No. 20-17-142, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 FOR APPROPRIATING ADDITIONAL FUNDS IN THE POLICE PENSION FUND, AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Finance Director Russell Caffey explained Ordinance No. 20-17-142. Mayor Reeves opened the public hearing. No one from the audience spoke, so Mayor Reeves closed the public hearing. February 13, 2017 REGULAR COMMISSION MEETING Page 6 Motion: Approve Ordinance No. 20-17-142 on final reading. Moved by Harding, Seconded by Stinson There was no Discussion. Votes: Harding, Hill, Stinson, Waters, Reeves Aye: - 5 Nay: - 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Sea Turtle Watch Proposal (Commissioner Hill) (Item 8A was taken out of sequence and acted on earlier in the meeting.) B. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 1661 Park Terrace East. Public Works Director Don Jacobovitz explained the Waiver Request and asked the applicant to explain why he would like the waiver. Barney Ketteringham, owner of 1661 Park Terrace East, explained the reason for the waiver request. Commissioner Waters stated that she had no objections to this waiver. She commented about code review and revisions in consideration of variances. The Consensus was to move this item forward for action at the next meeting. C. Proposed Budget Modification Ordinance to fund Public Safety Building Project Change Order. Finance Director Russell Caffey explained the proposed ordinance Mayor Reeves recommended adding an additional $40,000.00 to the budget for the Public Safety Building Project for other things that may need to be done without having to come back to the Commission. Commissioner Hill spoke in support of additional funds. Commissioner Stinson expressed concern about adding money without identifying what the increase is for. He asked Mr. Hogencamp if he anticipates needing additional money for the project. Mr. Hogencamp stated that he believes they would be able to stay within the contingency but with some of the landscaping issues, they may need to look outside of the Public Safety Building budget for funding. Commissioner Stinson stated that he prefers taking requests one -by -one as they come. Mayor Reeves inquired as to the number of readings the Ordinance would require. City Attorney Brenna Durden advised that it requires two readings and with one being a public hearing. The Consensus was to move this item forward to the next meeting. February 13, 2017 REGULAR COMMISSION MEETING Page 7 D. 16-SPPR-269 - Request for plat approval as required by Chapter 24, Article 4 of the Code of Ordinances at Selva Marina Unit 1, Parts of Lots 28 and 29 (aka 1251 Selva Marina Circle). Planner Derek Reeves presented slides as he explained his staff report. Jeremy Hubsch, 1733 9th St. North Jacksonville Beach, agent for the owner, explained the purpose of the request. Commissioner Stinson commented that the neighbors are in support of this plat approval. Planner Reeves answered questions regarding noticing requirements for plats. Commissioner Hill stated that he is opposed to the plat approval based on density. Commissioner Waters expressed concern about densification, but explained unless there are neighbors objecting, she cannot find grounds to vote against it. Planner Derek Reeves answered questions about the approval process. Commissioner Stinson spoke about the balance of additional density versus very large homes. Discussion ensued about the size of the structure and whether or not the size could be restricted. Planner Reeves recommended, rather than restricting the size, creating or enforcing larger setbacks. He explained they already have a platted building restriction line in the front and suggested building restriction lines for the side and rear yards which would restrict the development area. Commissioner Hill inquired about the impact on old growth oak trees in the proposed plan. Planner Reeves stated that there is one large tree on the lot in front of the house that could potentially be saved. The Consensus was to move this item forward. 9. City Manager Reports A. City Manager's Report Mr. Hogencamp explained that there are updates on various activities and announcements in his written report. He reported that the City has taken the University of Florida up on its offer to come to our community and research perceptions and attitudes about the existence of coyotes in urban environments. He referred to the calendar and explained that the Focus Group meeting has been moved from February 22 to February 21. He explained his plans to solicit residents to participate. Commissioner Stinson asked for an update on the Police Chief position. Mr. Hogencamp gave an update and explained that he plans to bring a candidate to the Commission for their consideration in March. Mayor Reeves asked for an update on when the construction fence for the Police Building can be moved and the sidewalk be opened. Mr. Hogencamp mentioned that the sidewalk on Seminole Road is currently open and within the next week, the Plaza sidewalk should be opened as well. Commissioner Hill expressed concern about the sidewalk in the front of the Police building on Seminole February 13, 2017 REGULAR COMMISSION MEETING Page 8 Road being very narrow and requested putting the sidewalk back using the bike path type standards. Mr. Hogencamp explained the topic has been a subject of discussion and he will do what he can to address his concerns. Mayor Reeves shared that he had received input from citizens regarding grants and explained his suggestion to have a grant program in the future for contributing money to organizations. Commissioner Hill spoke about his idea regarding the implementation of a policy and agrees it would be a good idea. B. 90 -Day Calendar (February 2017 through April 2017) Mr. Hogencamp explained that the 90 -Day Calendar is submitted for approval with the change that the Focus Group meeting will be held on February 21 as mentioned earlier and the FWC Presentation on Coyote Information meeting will remain as scheduled on the Calendar for February 22. Mayor Reeves explained the need to have a neighborhood block meeting regarding the 3rd Street walkover project and the intent to notice it as a public meeting. Commissioner Hill spoke about needing a policy. Mayor Reeves further explained the purpose of holding the meeting. Mr. Hogencamp liked the idea of holding a meeting to allow for healthy community discussions and agreed that a policy should be developed. There was a discussion about the concerns of citizens expressed through emails and phone calls. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney • Thanked the Commission members for meeting with her since the last Commission meeting and reminded the Commission about the Ethics Training that will be held on March 8th from 3:30 p.m. to 7:30 p.m. in the Commission Chamber. Commissioner Harding • Wished everyone a Happy Valentine's Day tomorrow. • Informed everyone that he would be attending the League of Cities dinner in Starke on Thursday. Commissioner Waters • Commented that the DIGS Market is a lovely market. She explained that, not only do they bring local and sustainable food into the neighborhood, they also participate in a program that doubles SNAP and EBT dollars for all their purchases and are making an effort to move food into a neighborhood that does not have walkability to grocery stores anymore. She encouraged everyone to visit the opening this Friday. • Wished everyone a Happy Valentine's Day. Commissioner Hill • Offered condolences to Mr. Hogencamp for his loss. Commissioner Stinson • Spoke about the importance of considering sending the sea turtle education project out to the Cultural Arts and Recreation Advisory Committee. • Thanked the Atlantic Beach Police Department for assisting a ten-year old in completing a science February 13, 2017 REGULAR COMMISSION MEETING Page 9 project studying fingerprints and for the tour of the police department. He also thanked them for their focus on the four-way stop signs on the major thoroughfares. • Spoke about the upcoming expiration of the moratorium on service stations and requested some movement on the issue. • Reminded everyone that Atlantic Beach Elementary asked for the Commissions presence at the Dolphin Dash on March 16th • Thanked Mr. Hogencamp, Mr. Jacobovitz and Mr. Williams for meeting with a resident regarding sidewalks. • Mr. Stinson asked that everyone encourage candidates who they think might fit on one of the committees, to submit an application. • Reported plans to bring back recommendations on how to improve the recruitment process. • Wished everyone a Happy Valentine's Day. Mayor Reeves • Reported that he attended the Beaches Watch meeting with Senator Bean and Representative Byrd and thanked City Manager Mr. Hogencamp and Commissioner Stinson for being there. • Informed everyone that he will be attending the Chamber of Commerce luncheon in regards to the same program on March 9th • Reported on a meeting he had at the port with Governor Scott and the Interim DOT Secretary. He explained he had an open discussion and shared some of Commissioner Hill's and resident's traffic issues and the DOT agreed to observe Mayport Road and the flyover and hopefully find ways to improve it. • Attended the Douglas Anderson School of the Arts event and was amazed at how talented the students are. • Reported on the conversation he had with the President of the City Council regarding Johnston Island. • Reported on a meeting he had with JTA and their consultant Jim Gilmore to discuss the possibility of building a shelter for a bus stop by the Home Plate Diner and creating bus cut outs in the road on Mayport Road and Atlantic Boulevard. • Mentioned a card he received from Governor Scott. • Commended Mr. Hogencamp for his reports, for attending City events and for making his job a lot easier. He thanked Commissioner Waters for suggesting him to the Commission. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:06 p.m. ATTEST: Mitchell E. Reeves Donna L. Bartle, CMC City Clerk Mayor/Presiding Officer ATTACHMENT A FEBRUARY 13, 2017 Bartle, Donna From: Sent: To: Cc: Subject: bstp.net@gmail.com on behalf of Beaches Sea Turtle Patrol <infc@bstp.net> Sunday, February 12, 2017 1:57 PM Stinson, John mreeves@coab.us; jhill@coab.us; bwaters@coab.us; mharding@coab.us; bdurden@coab.us; khogencamp©a coab.us Re: Sea Turtle Watch proposal Mr. Stinson, if you recall from our telephone conversation on Tuesday Feb. 7 when you called to inquire about the renourishment project, I told you that the consultant from Olsen and Associates had given as potential start dates but that nothing definite had been communicated to us yet, I also stated that to Dr. Trindell when I spoke to her on Wednesday Feb. 8th. I assure you that we are well aware that the project is continuing and are awaiting two things: (1) The actual dates that monitoring needs to begin; and (2) Atlantic Beach's decision on this watch proposal which will determine if BSTP will continue to be the permit holder there, We have put on hold the purchase ofa new utility vehicle, and volunteer recruitment, which will not be needed if we are not covering Atlantic Beach. My letter of December 1, 2016 clearly stated that BSTP would relinquish the marine turtle permit for Atlantic Beach if this proposal is approved, because I cannot expose the organization, our volunteers, or the turtles to that liability. December 1 was a full 5 months prior to nesting season, and 2-1/2 months before the proposal appeared on the agenda. Therefore, by still considering this proposal you are effectively acknowledging that the city may be responsible for the sea turtle monitoring in 2017 and beyond. BSTP will gladly maintain our monitoring duties in Atlantic Beach and will begin whenever the project dates require, provided that the dates are appropriately communicated to us. But most importantly, the city must put to rest this turtle watch proposal permanently, and not only not encourage, but actively discourage any nest- sitting/nest-watching/nest-mapping and related activities. If this cannot be accomplished at tomorrow's meeting, on Tuesday morning I will initiate a formal request with FWC to relinquish the marine turtle permit for Atlantic. Beach. The city can then pursue securing the permit and making your preparations for the season without further delay so that you are not unprepared for the rcnourishment project. BSTP has sacrificed many Hours to this issue since November, and it has taken time away from our preparations for the new season. We must be able to move forward with our planning, whether it be for 2 beach towns or three. It is not fair to either BSTP or to the city to drag this matter out any longer, so that whomever will be responsible for monitoring Atlantic Beach can plan accordingly. You have received official communications from both FWC and Sea Turtle Conservancy regarding the potential liability of "take" by approving this proposal. Surely you are also aware of the liability risk by encouraging large groups of people to congregate on dark beaches at night, many of whom may be unfamiliar with their surroundings and the dangers of the ocean. We know you are concerned about the welfare of the sea turtles, and we believe that the city does want to do the right thing. Sincerely, Jennifer Burns On Thu, Feb 9, 2017 at 12;25 AM, Stinson, John <jsiinsonru,'coab.us> wrote: 1 ATTACHMENT A FEBRUARY 13, 2017 Ms. Burns Thank you for the email. 1 appreciate your including me in our communications. I am looking forward to the discussion this coming Monday during the Comrnission meeting regarding sea turtles. After we spoke this morning, I was fortunate to speak to Dr. Robbin Trendell at Florida FWC. She agreed to inquire with the legal counsel at I: WC for an opinion on the legality of the proposal. I do not yet have that opinion, but will share it with you when received. In speaking with Dr. Trendell, she indicated perhaps BSTP was not aware the dune restoration work would begin in May 2017, coinciding with the start of nesting. She mentioned that a lot of work needed to be in motion to be prepared by May. Is there any assistance I can provide in alerting anyone to this fact or to you and your group to be prepared for the restoration work. Please allow me to be candid. I have witnessed hatck lings emerging and it is an amazing sight. l can understand those who would like to share this memory with everyone in hopes that such education and exposure would build even more awareness of sea turtles iingile life cycles, And, eventually I do believer those of this mindset believe this will promote more protection and preservation of sea turtles. However, in my limited experience, there are risks and hazards associated with such observations. Lights, cameras, touching, hindering the turtle's race to the water, all are possible and probable. I wonder how we can channel This energy into increasing the number of volunteers your group has to rely an? What are the other educational opportunities that may satisfy one's desire to heighten awareness? I believe the motives of everyone related to sea turtles is pure, at least I do not believe anyone is motivated to do anything other Than promote the well being such a magnificent creature. And, I do believe we should facilitate this discussion. Whether you support or oppose the idea, the discussion is owed to all faction& Open, honest, reasonable and rational debate can only serve to educate us all about the plight of sea turtles and what we can do to improve on their behalf. Kindest Regards John M. Stinson City Commission, Seat No. 2 Atlantic Beach, Florida From: BST]' {info a@bstp.net<mailto:info@bstp.net>> Sent: Wednesday, February 8, 2017 7:43 PM Subject: Sea Turtle Watch proposal To: Stinson, John<istinsonacoab.us<mailto:jstinsonc coab.us>>, IJogencamp,Kevin <khogencampncoab.us<mailto:khogencamp( coab.us», Johnson, Timmy <tjohnsonQcoab.us<mailto:tjohnson a coab.us», Reeves, Mitch <mreeves [ coab.us<mailto:mreeves(r17,coab.us», Harding, Mitchell <mharding6koab.us<mailto:rnharding(.coab.us>>, I -Till, Jimmy <jhill kcoab.us<rnailto jhill a.coab.us»>-, Waters, Blythe <btu+users`.coab_us<mailto:bwaters coab.us» 2 ATTACHMENT A FEBRUARY 13, 2017 Good afternoon. Because I am unable to attend the meeting, attached please find the letter that I sent to most of you in December detailing the reasons that Beaches Sea Turtle Patrol is opposed to the turtle watch proposal. A major talking point of the proponents is that the FWC Marine Turtle Conservation Guidelines do not specifically prohibit the type of activity being proposed. While that may be so, in the literal sense, the underlying message of the guidelines is to "do no harm". It is very important to note that the guidelines are just the foundation of what our protocols are based upon. FWC communicates directly with the marine turtle permit holders throughout the entire year via conferences, newsletters, phone calls and emails that the volunteers themselves do not receive. The permit holder is then expected to take this information back to their volunteers and ensure that the directives are properly implemented. One example of this is the email from Meghan Koperski that is quoted on page 2 and 3 of the attached letter. Even when this information was passed along to Mr. Catania he chose to disregard it simply because it was not specifically stated in the guidelines. Thank you for your kind attention to this matter. Respectfully, Jennifer Burns Marine Turtle Permit Holder 3 ATTACHMENT B FEBRUARY 13, 2017 Jacobovitz, Donald From: Kevin Bodge <kbodge@olsen-associates.com> Sent: Monday, February 13, 2017 11:01 AM To: Jacobovitz, Donald; Hogencamp,Kevin Cc: admin@bstp.net; Fallin, Thomas; Jones, Tony D SAJ; Klug, Geoffrey SAJ; Harrah, Jason S SAJ; Williams, Scott; Stinson, John; 'Edwards, Tom' Subject: Beach Renourishment and Marine Turtle Nesting Monitoring Don, My understanding is that CoAB will be considering tonight a proposal for a "sea turtle watch group" that proposes to post maps and anticipated hatching dates etcetera for marine turtle nests, among other actions that are otherwise potentially contrary to the responsibilities of the FWC marine turtle permit holder. It is also my understanding from its Director that the Beaches Sea Turtle Patrol (the marine turtle permit holder for AB, NB, 1B) will drop Atlantic Beach from its FWC marine turtle permit if this proposal is adopted, given its adverse impact to BSTP responsibilities. Marine turtle nest relocation for construction -- and annual monitoring & reporting thereafter -- is required for the Duval County beach & dune renourishment project, by FDEP permit and the US Fish & Wildlife Service. Finding a group (particularly a non-profit) that is qualified to hold the FWC marine turtle permit is difficult, and the cost to hire an environmental consultant for this work is very expensive. (I know, because 1 have to hire private firms to do this identical work for our beach projects throughout the State.) As the permit agent and City consultant for the Duval beach renourishment project, I need to point out the following. The City of Atlantic Beach should be aware that it would be likely responsible for increased costs to the beach & dune renourishment project associated with marine turtle nest relocation and monitoring, along Atlantic Beach, if BSTP were to pull out of Atlantic Beach. The typical cost for the 2016-17 renourishment is on the order of $250 to $500 per day for the Beaches, and daily charges are mostly fixed (not 'linear' by mile). Nest relocation requirements will span 100+ days for the 2017 construction. Routine annual monitoring is less costly but it spans 180 days per year, every year. And, we're fortunate in that BSTP (unlike private firms) does not charge any entity for annual monitoring after construction. The Corps of Engineers already requires that the dredging contractor retain Beaches Sea Turtle Patrol for requisite monitoring and nest relocation for the 2016-17 beach & dune renourishment. This is part of the overall construction cost -- shared between the Corps, CO1, and State of Florida. If the Corps & dredging contractor has to identify an additional, alternate permit holder to separately monitor Atlantic Beach, then the costs for the monitoring & relocation will increase (double). The Corps, City, and State would not be obligated to pay for this increased, non -budgeted cost— particularly since it was promulgated by a local municipal action. Thus the responsibility and the costs to provide and pay for a qualified marine turtle monitoring firm — with proper FWC permit stipulating Atlantic Beach —would fall to CoAB. And the project cannot be constructed along Atlantic Beach without monitoring & relocation. And, monitoring & relocation must begin by early April in anticipation of the dredge's return by mid-May 2017. As the project's permit agent and coastal engineering consultant, I recommend against this "sea turtle watch group" proposal; or at least, I recommend that the CoAB be prepared to absorb the fiscal consequences should it consider it for current or future adoption. Please call me if you have any questions related to this matter. Kevin Kevin R. Bodge, Ph.D., P.E. Olsen Associates, Inc. 2618 Herschel Street Jacksonville, FL 32204 USA Office (904) 387-61141 Fax (904) 384-73681 Cell (904) 307-9522 1 Florida Fish and Wildlife Conservation Commission Commissioners Brian S. Yablonekl Chairman Tallahassee Allese P. "Uesa" Priddy Vice Chairman Immokalee Ronald M. Bergeron Fort Lauderdale Richard Hanes Oviedo Bo Rivard Panama City Charles W. Roberts 111 Tallahassee Robert A. Spottswood Key West Executive Staff Nick Wiley Executive Director Eric Sutton Assistant Executive Director Jennifer Fitzwater Chief of Staff Division of Habitat and Species Conservation Thomas Eason, Ph.D. Director (850) 488-3831 (850) 921-7793 FAX Managing fish and wildlife resources for their longterm well•beingand the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearing/speech-Impaired: (800) 955.8771 (T) (800) 955.8770 (V) MyFWC.com ATTACHMENT C FEBRUARY 13, 2017 February 10, 2017 Commissioner John Stinson 800 Seminole Road Atlantic Beach, FL 32233 jstinsonncoab.us RE: Sea Turtle Protection, Atlantic Beach Dear Commissioner Stinson: Thank you for your recent inquiry about the City of Atlantic Beach's consideration to post the dates when sea turtles lay their nests on City beaches on your website. It is great that the City is considering promoting education about these threatened and endangered sea turtles; however, the Florida Fish and Wildlife Conservation Commission (FWC) is concerned about the potential for negative unintended consequences for nesting and hatchling sea turtles. There is a variety of reasons for our concerns, but in general sea turtles do best when there is less disturbance on the beach so the adult females can lay their nest and hatchlings can emerge with no interference. Posting specific information about nesting dates and locations could result in more people on the sea turtle nesting beach at night in proximity to hatching sea turtle nests, This could significantly increase the risk of harassment of, or harm to, nesting females, their nests and hatchlings on your beaches, and we strongly recommend against it. FWC staff supports the right of all citizens to enjoy Florida's natural resources and wildlife in ways that do not result in disturbance on the sea turtle nesting beach. Previous studies and observations have documented that human presence on the beach at night can result in female turtles returning to the water without nesting, abandoning nesting mid -way, or spending less titne covering their nests making the eggs and hatchlings vulnerable to predators, Hatchlings may also alter natural behaviors, putting them at risk to predators or disrupting critical emergence behaviors, Thus, there is a risk of harassment or harm (take), even if unintended, whenever there are more people on the nesting beach at night. Take is a violation of state and federal law. The Florida Marine Turtle Protection Act, Florida Statute 379,2431(1) further clarifies the consequences for take of marine turtles, their nests, or hatchlings (http://www.lea.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=03 00-0399/0379/Sections/0379.2431.html), We encourage the City to consider posting general information about the species of sea turtles that nest on your beaches and information on how people can protect sea turtles locally, such as adopting and enforcing a sea turtle lighting ordinance, as Jacksonville Beach and Neptune Beach have done. The City could also provide practical information that would result in real benefits to sea turtles on Atlantic Commissioner Stinson February 10, 2017 Page 2 ATTACHMENT C FEBRUARY 13, 2017 Beach, such as filling in holes or removing beach furniture, boats and other items at the end of the day to limit entrapment of sea turtles. These and other suggestions for sharing the beach with sea turtles are available on our website at http://myfwc.com/vildlifehabitats/managed/sea-turtles/. In addition, FWC provides information on programs that are authorized by our agency for citizens to observe marine turtles. We also direct people to captive facilities, where they can view different life stages of sea turtles in a controlled environment safe for the animals and the people, FWC staff are available to assist if the City decides to develop and implement a lighting ordinance, or if we can assist in identifying the best information to provide to the public about how to protect sea turtles while enjoying Florida beaches. Please contact Dr. Robbin Trindell at (850)922-4330 if you require additional information. Sincerely, laJ A k-77 Carol A. Knox, Leader Imperiled Species Management Section cc: Dr. Anne Meylan, FWC Ms. Jennifer Burns, Beaches Sea Turtle Patrol Mr. Heath Rauschenberger, FWS Mr. David Godfrey, STC Mr. Scott Eastman, EE