Agenda Item 1A- Draft Minutes- Reg. Commission Meeting 3-9-15IN ATTENDANCE:
Mayor Carolyn Woods
MINUTES
REGULAR CITY COMMISSION MEETING
March 9, 2015
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson Van Liere
City Attorney Richard Kornando
AGENDA ITEM# lA
MARCH 23, 2015
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
City Clerk Donna L. Batile
Recording Secretary Nancy E. Bailey
Call to Order/Pledge:
Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation,
followed by the Pledge of Allegiance to the Flag.
Item 2 was taken out of sequence and acted on at this time.
Mayor Woods introduced Mayor Alvin Brown, Director of Public Works Jim Robinson, Councilrnernber Bill
Gulliford, Aleizha Batson, Loree French, and Cleveland Ferguson from City of Jacksonville.
2. Courtesy of Floor to Visitors
A. Signing of Release of Settlement Agreement between the City of Jacksonville and the City of
Atlantic Beach with City of Jacksonville Mayor Alvin Brown.
Mayor Woods explained the people from Jacksonville were here tonight for us to have a formal signing of
our Interlocal Agreement settling our tipping fee disagreement we have been working on for a few years. She
stated everyone here has been instrumental in getting this topic through. She stated our City Manager,
Nelson Van Liere, and our City Attorney, Rich Kornando, have also been very helpful and instrumental. She
turned the meeting over to Mayor Alvin Brown who addressed the Commission. He stated they are pleased
to sign an agreement tonight between our two cities on the issue of tipping fees for solid waste disposal at
Trail Ridge Landfill. He stated these fees have been a point of contention since 2011 when Jacksonville
decided they would no longer use property taxes to fund the land fill operation. He stated instead
Jacksonville residents now pay a uniform solid waste collection fee to cover these costs. He stated, according
to the terms of the 1995 Interlocal Agreement between our two cities, Atlantic Beach agreed that it would pay
for disposable charges at the landfill for its solid waste if Jacksonville converted into a uniform solid waste
fee. He stated, unfmiunately, there have been differences of opinion about how to interpret this requirement
but we have now resolved this difference with a settlement that satisfied both sides and addressed both past
and future payments. He stated for tipping fees owed from October 1, 2011 to May 31, 2014, Atlantic Beach
will pay a total of $322,000. He stated stmiing June 1, 2014 and going forward Atlantic Beach agrees to pay
the standard tipping fee for their residential and commercial haulers that use Jacksonville's Trail Ridge
Landfill. He stated this settlement will not raise any taxes or fees for Jacksonville residents and it is his
understanding that it will not result in any increased taxes or fees for Atlantic Beach residents. He stated they
have achieved this settlement in the spirit of patinership. He stated this agreement now brings clarity,
cetiainty and closure to the issue. Mayor Brown and Mayor Woods signed the agreement. Mayor Brown
also welcomed Karen Bowling who was in the audience.
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the
process for public comments.
March 9, 2015 REGULAR COMMISSION MEETING
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Councilmember Bill Gulliford recognized Nelson VanLiere, stating he did a great job on this and should be
complimented and stated Karen Bowling also did an incredible job.
Theresa Flores, 233 Belvedere St., addressed the Seminole Road project suggesting they only rip up the
sidewalk, replace the pipes, and put in the curbs like those used at Beach Ave. She also stated a wheelchair
cannot get over a 4" crosswalk. Mayor Woods assured her that everything the City does is ADA compliant.
Bob Liggero, 389 12th Street, with Atlantic Beach Canopy Group, stated he wanted to pledge his supp01i for
what they are doing in trying to protect the canopy. He asked that the City take into account their
recommendations.
Jeff Montanye, 334 11th Street, addressed the tree canopy stating they need to have the protected trees
treated uniformly no matter where they are or the relationship they have with construction projects and they
need to make the mitigation fees much tougher. He also asked that they consider expanding the membership
of the Community Development Board.
Mike Whalen, 1420 Mayport Rd., stated the tree ordinance is not strong enough. He also stated the
Mayport Corridor small businesses would like to see more landscaping put in. He believes they should hire
an arborist at least part-time when they get this going.
Sarge, 1249 Mayport Rd./685 Amberjack Lane, believes they could have more beautification along
Mayp01i Road, but he believes the future of that area looks good. He stated the parks look good and hopes
they continue to finance the parks and make them look good going into the future. He stated he is concerned
about diversity in City leadership and within the next 5 years he will be coming back making a presence in
the neighborhood to try to do something about the diversity in the area.
Chris Jorgensen, 92 W. 3rd St., has attended the Community Development Board meetings and stated he
has been told that there are limitations that Commissioners and others can make in conversation. He stated at
the last meeting when he questioned whether Commissioner Mark could speak, Mayor Woods stated he was
questioning her motivation, which he wasn't at all. He stated he was questioning whether it was an ethics
violation. He also stated he is opposed to the tree ordinance and is concerned that the City is gaining more
rights and control over private property through a tree ordinance. He stated it is nice to see his street is being
repaved.
Lavenia Harvey-Kubiak, 275 5th Street, stated she is a tree hugger and we have to maintain and be able to
continue to be a desired and beautiful community. She stated as a citizen she is counting on the Commission
to represent the private property owner in their favor; we don't need to lose another tree. She asked that they
make it really tough to cut a tree down.
Stephen Fouraker, 387 6th St., stated propetiy values are dependent on the trees. It is time to tighten the tree
ordinance up again to preserve our trees. He stated he would like to have a Tree Board.
Donna Zimmerman, 1736 Ocean Grove Dr., stated she is in supp01i of a stronger tree ordinance. She
related a personal experience with trees being cut down near her home.
John November, 647 Beach Avenue, asked the members of Atlantic Beach Canopy to stand up and be
recognized. He invited everyone to their meetings, stating they are held the first Tuesday in the month. He
stated the Community Development Board did a great job making the recommendations to allow the
March 9, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
MARCH 23, 2015
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Commission to move forward with the tree ordinance quickly. He gave several suggestions for the tree
ordinance from the Atlantic Beach Canopy group.
Ted Stein, 311 9th Street, stated if we lose our trees we lose our identity.
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
1. Approval of Minutes
A. Approve the minutes of the Commission Meeting of February 23, 2015.
B. Approve the minutes of the Commission Workshop of February 23, 2015.
Mayor Woods asked if there were any conections to the above minutes. There were no conections, so Mayor
Woods stated the minutes will stand as submitted.
2. Courtesy of Floor to Visitors
This item was taken out of sequence and acted on earlier in the meeting.
3. Unfinished Business from Previous Meetings
A. Saltair Drainage and Sidewalk Improvements
Public Works Director Doug Layton summarized his staff report stating the recommendation was to award to
the low bidder.
Motion: Approve the award of the subject project at the budget amount of $380,000 including
$4,459.50 in contingency.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. Bull Park Playground Equipment
Mr. Layton summarized his staff report, stating it is basically a playground for smaller children.
Motion: Approve the purchase from Playmore Recreational Products to furnish and install a
new playground set in Bull Park in the amount of $73,360.10 as shown on the attached sketch,
piggy-backing off Palm Beach County's contract #10072.
Moved by Mark, Seconded by Beckenbach
Mr. Layton answered questions from the Commission. Discussion ensued.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
March 9, 2015
4. Consent Agenda
REGULAR COMMISSION MEETING
AGENDA ITEM #lA
MARCH 23, 2015
Page 4
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. Authorize the City Manager to sign the St. Johns River Water Management District Cost-Share
Funding Program Application fonn for the Phosphorus Removal Project.
B. Approve the award of the recommended portion of Phase 1 of Francis Street Improvements in the
amount of $94,199.3 6 as recommended, and authorizing the City Manager to execute the Construction
Contract and authorize the City Manager to execute a change order for Phase 2 and the remainder of
Phase 1 of the project when 100% reimbursement is authorized by Duval County CDBG Grant
program.
Mayor Woods read the Consent Agenda.
Motion: Approve Consent Agenda Items A & B as read.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
A. Appointment to the Board Member Review Committee.
Mayor Woods stated she met with all the applicants and it is her recommendation to reappoint Solomon
Brotman.
Motion: Approve Mayor Woods' Recommendation to Reappoint Solomon Brotman for a
second term on the Board Member Review Committee.
Moved by Mark, Seconded by Daugherty
Commissioner Hill agreed with her recommendation, stating Mr. Brotman did a fantastic job at the meetings
and was glad she chose to keep him on board.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
March 9, 2015 REGULAR COMMISSION MEETING
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MARCH 23, 2015
PageS
Commissioner Beckenbach asked if there were any other opening on any of the other boards or committees
the other applicants may be interested in. Mayor Woods stated she spoke with each of them about that and
they all are committed to being involved in the City and they will be in contact with the City Clerk about the
committees they are interested in.
B. Actuarial Valuation Repmi for Police Officers' Retirement System.
City Manager VanLiere summarized the Police Officers' report on behalf of the Pension Board, stating the
City will have to pay into the Pension Plan $729,483 in 2016, an increase of $160,00 from last year, which
will come 100% from the General Fund. He stated $131,000 of the increase is due to change of assumptions
being lowered from 8% to 7%. Discussion ensued. Mr. Van Liere answered questions from the Commission.
C. Actuarial Valuation Report for General Employees' Retirement System.
City Manager Van Liere summarized the General Employees' repoti, stating the City will have to fund
$1,112,000, an increase of $248,000. He stated the employee contributions are going down by $20,000
because they closed they plan, so every time somebody leaves the City their replacement is not contributing
into this plan. He explained the percentage of covered payroll is going to go up as there is less employees'
payroll going into the calculation and the contribution from employees will go down, making the City have to
pay more in the shmi term for that reason. Mr. Van Liere answered questions from the Commission.
6. Action on Resolutions
None.
7. Action on Ordinances
A. Ordinance No. 20-15-130, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015,
AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read the Ordinance by title. She opened the Public Hearing. No one from the audience spoke
so she closed the Public Hearing.
Mr. Van Liere explained the Ordinance.
Motion: Approve Ordinance No. 20-15-130 as read.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
Mr. Layton explained tonight was Donna Kaluzniak's last meeting and, although she had already left, he
wanted to express how much he appreciated her. Mayor Woods stated she has done a wonderful job
throughout the years and we will miss her.
March 9, 2015 REGULAR COMMISSION MEETING
A. Marsh Preserve Improvements Phase I.
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MARCH 23, 2015
Page 6
Mr. Layton summarized his staff report, explaining the bids came in over bid. He stated, therefore, he is
proposing they build the kayak launch at the north end of Dutton Island, extend 6111 Street out as proposed and
delete the boardwalk and overlook off of Dutton Island Road at the bridge which will bring the cost down to
$303,000; the budget is $300,000. He stated he had a line item for some parking at Howell Park that is not
urgent so they would like to use $3,000 out of that to fund the last $3,000, which will give them $7,000
contingency for the project. Mayor Woods pointed out that she commented to Mr. Flores that everything the
City does is ADA compliant and asked if Mr. Layton could back her up on that. Mr. Layton stated yes.
Discussion ensued. Mr. Layton answered questions from the Commission.
It was the consensus of the Commission to move this item forward for action on the next agenda.
B. Interlocal Service Boundary Agreement between the City of Atlantic Beach and the City of
Jacksonville.
City Attorney Komando explained this is the proposed Interlocal Services Boundary Agreement for the
Atlantic Beach Country Club area which incorporates the cunent agreements we have and is a pathway to
annexation when one individual or developer owns all of the prope1iy. He stated Jacksonville will be putting
this on their agenda as well. Discussion ensued. Mr. Komando answered questions from the Commission.
Mr. Komando explained the process going forward. Further discussion ensued.
It was the consensus of the Commission to move this item forward for action on the next agenda.
C. Tree Code Revisions.
Building and Development Director Jeremy Hubsch gave a slide presentation (which is attached and made
pmi of this Official Record as Attachment A) on the Atlantic Beach Tree Code including the Community
Development Board recommendations. Mr. Hubsch answered questions from the Commission. Discussion
ensued. It was the consensus of the Commission to go with the Community Development Board's
Recommendations #1; #2; and #3, but rather than $175, have staff come up with market value and staff to
adjust every 2 years; and the Incomplete Recommendation # 1, but use ratio 1 :2 to 1: 1 for live oaks and
coastal oaks only. Mr. Hubsch stated they will discuss this more at the Community Development Board's
meeting on Tuesday and, due to noticing guidelines, he will not bring the Ordinance back until the meeting
on April 13 but they can discuss the issue fmiher at the next meeting. Fmiher discussion ensued.
It was the consensus of the Commission to bring this item back for further discussion on the next agenda.
9. City Manager
A. City Manager's Repmi.
• 90-Day Calendar (March-May 2015)
Mr. Van Liere stated they added two Workshop dates to discuss Chmier amendments on March 25 and April
13.
Reported he is now an Atlantic Beach resident.
10. Reports and/or requests from City Commissioners and City Attorney
March 9, 2015 REGULAR COMMISSION MEETING
Commissioner Daugherty
• Wants to have a resolution honoring Donna Kaluzniak at next meeting.
Commissioner Mark
AGENDA ITEM #IA
MARCH 23, 2015
Page7
• Explained the reason she wanted to speak at the Community Development Board meeting was to
publicly thank John November and his Atlantic Beach Canopy group for their hard work and to let the
Community Development Board know that this is a priority of the Commission and they would
welcome their recommendations.
Commissioner Hill
• Reported on the Board Member Review Committee's actions in selecting members to the Community
Development Board and asked to add 2 seats to the Community Development Board. Mr. Komando
stated that would have to be done by ordinance. It was the consensus of the Commission to have the
City Attorney draft an ordinance.
• Thanked the Atlantic Beach Canopy group for their effmis.
• Stated for the record, going this far into a propetiy owner's rights isn't something he takes lightly and
believes it is a really big step for a government to be delving into somebody's yard and landscaping
choices, etc., but he believes it is a critical element to this city. He stated when you have the situation
we have in Atlantic Beach where people's choices are affecting their neighbor's quality of life, we
have to step in.
Commissioner Beckenbach
• Wants to have the visioning discussion on the next meeting.
• Wants a checklist for the Community Development Board as to why they voted a pmiicular way for a
vanance.
City Attorney Komando
• Stated tomorrow the City of Jacksonville will introduce Bill 2015-186, which is their companion to
the Annexation Bill.
Mayor Woods
• Stated there should be a greater protection buffer between propetiies of different zoning. She is not
sure the buffers between businesses and residential are strong enough.
Adjournment
There being no fmiher business to come before the Commission, Mayor Woods declared the meeting
adjourned at 9:30p.m.
ATTEST:
Donna L. Bmile, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
Atlantic Beach Tree Code
AGENDA ITEM #lA
MARCH 23, 2015
Tree Canopy Analysis
2003 2014
Tree Canopy 31.8% 30%
Grass and Bare Soil 21.7% 21.1%
Impervious Surfaces 22.6% 25%
Beach and Dune Areas 2.8% 2.8%
Marshes and Open Water 21.1% 21.1%
Tree Protection Results 2013 -Fall 2014
Inches
Removed
2070
5,167
Inches
Preserved
2868
Inches
Relocated
229
3,109 .5
Inches
Planted
12.5
2070
Inches Paid
into Tree Fund
76
40%
Analysis
AGENDA ITEM #lA
MARCH 23, 2015
• When reviewing the results of recent tree
removals, it is apparent that the code allows a
net loss of trees without requiring additional
plantings or payment into tree fund
• This is due to trees under 20'' not being
considered "protected" in the interior of lots;
allowing preservation credit of existing trees; and
requiring mitigation of protected trees at a rate of 1
inch for every 2 inches removed
CDB Recommendation #1
Require a tree removal permit for the removal
of any tree within 24 months of construction
with a value over $10,000 and that the
removal of all trees in excess of 6 inches in
diameter require an on demand tree removal
permit.
CDB Recommendation #1
• Staff initially recommended to the CDB that the
code be changed to require a tree removal permit
any time a tree is removed in Atlantic Beach
• The current code has an exemption that states
that a permit is not needed unless there is
construction on site either 6 months before or
after tree removal.
• This allows property owners to remove their own
trees at their discretion without mitigation,
unless they are doing construction
CDB Recommendation #1
• At the CDB meeting it was suggested that a
property owner may plant a tree on their
property and seek to remove it a few years later
• If a permit was needed any time a tree is
removed, the property owner would then be
forced to mitigate for a tree that they planted
themselves.
CDB Recommendation #1
• Staff would like to recommend that the
Commission consider the following option
• 1. Follow the COB's recommendation
• 2. Add a provision that requires a tree permit
when removing an oak (and other special
species like Magnolia) over a certain size {20
inches)
CDB Recommendation #2
Eliminate the interior/exterior zone aspect of
the code and have all trees 6 inches or more in
diameter be defined as private regulated
trees.
I nterior/Exter ior Zo ne
•Removal of protected trees
requires mitigation in the form of
replacement, relocation,
preservation, or payment into the
tree fund.
•Mitigation must be provided at a
ratio of 1:2 on private residential
property. This means that 1 inch
must be preserved, replaced ,
relocated, or paid into the tree
fund for every 2 inches removed.
•Mitigation credit is not given for
the preservation of protected
trees, as they are expected to
remam.
•The current mitigation ratio of
1 :2 enables a net reduction of
trees to occur
7.5' J
I
I
I
I
I
I
I
R EMOV AL {Ext)
R equ i r es Mit igation: 20'
Ext.erior
N o Mitigatio n Re~u ired: :So 5 "' L
------------~------· Interior
REMOVAL (l n t )
Requ ires Mitigat ion :
No Mitigat ion Requi r ed: ~19"
PRESERVE {l nt}
Receives Cr edit
No Cr edit G iven : s 5" and
-7.5'
1 Interior
---~------------------Exterio r
PR ESERVE {Ext)
20' Receives Cred it: 3n-S"
N o Credit Given: ~ 2 " and
6 n +
PROPERTY U rlE
CDB Recommendation #2
• In reviewing the code, this provision which says
that trees in the buildable area under 20 inches
are not protected, contributes significantly to the
overall net loss of tree canopy.
• It means a property owner can remove an 18 inch
tree and not have to provide any mitigation.
• It also means a property owner can get
preservation credit of trees they maintain that
are under 20 inches
CDB Recommendation #2
• Staff and the Community Development Board
recommend doing away with the
interior/exterior zone provision, and define
protected trees as all trees above 6 inches
• This also has an affect on tree preservation.
Currently, non-protected trees are given
preservation credit. By making all trees above 6
inches, property owners will get less
preservation credit.
• This will lead to property owners having to do
additional plantings, or pay into the tree fund
CDB Recommendation #3
Make the mitigation rate payable to the tree
fund $175.00 per caliper inch.
The city has historically charged the same
mitigation rate as the City of Jacksonville ($49 an
inch). Jacksonville recently increased this to
$113 to more accurately reflect market
conditions. The Community Development Board
has recommending making an even higher
mitigation number. Their thought behind this is that
it will force property owners do more plantings, as
opposed to paying into the Tree Fund.
CDB Incomplete Recommendation #1
• Mitigation be increased on oaks from 1:2 to
1:1.
• Staff is also recommending that a certain
percentage of mitigation be provided on site
in the form of replacement oaks (25%).
CDB Incomplete Recommendation #1
• Many people believe Atlantic Beach's oak tree
canopy is one of most special aspects of the
community
• Many residents believe that oaks are a
community treasure.
• Staff is recommending increasing the
mitigation to 1:1 for removal of oaks. City of
Jacksonville has a 1:1 ratio for oak trees.
CDB Incomplete Recommendation #1
• The Community Development Board was
generally supportive of increasing mitigation
to 1:1 for oaks.
• The Community Development Board wanted
to have further discussion on whether to limit
this to just Live_ Oaks and Coastal Oaks, or to
also include Laurel and Water Oaks. Their
thinking was that Laurel and Water Oaks have
shorter life spans and are more disease prone.
CDB Incomplete Recommendation #1
• Staff is also recommending a provision that
requires a certain amount of inches of oaks be
replaced on site when one is removed.
• This would prevent someone from removing
an oak and then paying the entire amount into
the tree fund
• There are some areas of the city, where there
is not enough right of way to plant oaks. This
provision, would somewhat ensure that there are
not gaps in the tree canopy.
CDB Incomplete Recommendation #2
Give replacement credit for palms when
replacing other removed species.
The code currently only gives replacement credit
for palms when replacing removed palms. Staff
is recommending this be changed to allow palms
to get replacement credit. It is important to note
that the code states that only oaks can replace
removed oaks. This means palms can not be
used to replace oaks.
CDB Incomplete Recommendation #2
• If the definition of protected trees is changed,
it will require a significant amount of new
plantings on site. Allowing palms to be used as
replacement trees, will give property owners
more flexibility to fit trees on site.
• It is important to note that palms do not
provide as much shade and tree canopy as other
• spec1es.
• The COB was supportive of this, but wanted to
limit it to certain palm species (such as Cabbage
Palms)
• The Cabbage Palm is the state tree