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5-11-15 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING May 11, 2015-6:30PM AGENDA Call to order Invocation and pledge to the flag 1. A. B. Approve the minutes ofthe Commission Meeting of April27, 2015. Approve the minutes ofthe Special Called Commission Meeting of April22, 2015. 2. Courtesy of Floor to Visitors A. Presentation by Denise Bunnewith from North Florida TPO ofthe Transportation Improvement Program (TIP) for Fiscal Years 201512016 through 2019/2020. 3. Unfinished Business from Previous Meetings A. Atlantic Beach Country Club -Acceptance of Utilities for Ownership and Maintenance. 4. Consent Agenda None. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 95-15-109, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 23, ARTICLES II AND III OF THE CODE OF ORDINANCES, PROTECTION OF TREES AND NATIVE VEGETATION, TO AMEND SECTION 23-8 DEFINITIONS OF: ATLANTIC BEACH PROHIBITED SPECIES LIST, ATLANTIC BEACH RECOMMENDED SPECIES LIST, EXTERIOR ZONE, INTERIOR ZONE, LEGACY TREE, REGULATED TREE, WAIVER; AMENDING SECTION 23-21 TO REQUIRE PERMIT WHEN A LEGACY TREE IS REMOVED; CHANGING CONSTRUCTION EXEMPTION FROM SIX (6) MONTHS TO TWO (2) YEARS IN SECTION 23-22; ADDING A NEW FEE FOR SINGLE TREE REMOVAL OF LEGACY TREES TO SECTION 23-26; REVISING THE MITIGATION TABLE IN SECTION 23-33 TO REMOVE INTERIOR AND EXTERIOR ZONES, CREATING A RECOMMENDED TREE SPECIES LIST, REVISING THE TREE SELECTION CRITERIA; ADDING THE ATLANTIC BEACH PROHIBITED SPECIES LIST TO SECTION 23-35; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. B. Ordinance No. 5-15-62, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 14, ARTICLE II, SECTIONS 14-17 AND 14-23 OF THE CODE OF ORDINANCES, ADDING TWO APPOINTED ALTERNATE MEMBERS TO THE COMMUNITY DEVELOPMENT BOARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 1 C. Ordinance No. 33-15-19, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING A NEW CHARTER WHICH AMENDS AND REPEALS ALL FORMER CHARTER PROVISIONS, INCLUDING THE FORM OF GOVERNMENT, POWERS, THE COMMISSION, THE CITY MANAGER, THE CITY CLERIZ, THE CITY ATTORNEY, PUBLIC SAFETY, BUDGET, FINANCE, ELECTIONS, INITIATIVE AND REFERENDUM, RECALL ELECTIONS, FRANCHISES, TAX ADMINISTRATION, ZONING, MUNICIPAL BORROWING, SUITS AGAINST THE CITY, GENERAL AND MISCELLANEOUS PROVISIONS, WHEN ACT TAKES EFFECT AND PERIODIC REVIEW; SUBMITTING THE NEW CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; PROVIDING AN EFFECTIVE DATE. D. Ordinance No. 33-15-20, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING AN AMENDMENT TO THE CITY CHARTER WHICH WOULD ELECT CITY COMMISSIONERS FOR SEATS 2, 3, 4 AND 5 BY THEIR RESPECTIVE DISTRICTS; SUBMITTING THE PROPOSED AMENDMENT FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Sign Ammtization. 9. City Manager A. City Manager's Repmt. • 90-Day Calendar (May through July 2015) 10. Reports and/or requests from City Commissioners and City Attorney Adjourn Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City's website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00PM, Friday, May 8, 2015. 2 WELCOME To the Atlantic Beach City Commission Meeting We will conduct meetings of the City Commission with a level of civility and respect that the democratic process deserves. This allows for better public input and supports making the best decisions for the citizens who we are here to serve. We ask that everyone in the meeting practice the following principles of Respect for each other. RESPECT Refrain from putdowns, criticism and personal attacks Encourage others to state their views Support each other, even if you don't agree Practice active listening Express yourself assertively, not aggressively, not submissively Collaborate, do not compete or collude Trust each other, unless and until such trust is violated The New Managers Toolkit: 21 Things You Need to Know IN ATTENDANCE: Mayor Carolyn Woods MINUTES REGULAR CITY COMMISSION MEETING April27, 2015 CITY HALL, 800 SEMINOLE ROAD City Manager Nelson VanLiere AGENDA ITEM# lA MAY 11,2015 Mayor Pro Tern Mark Beckenbach (arrived at 6:32) Commissioner Jonathan Daugherty Commissioner Jimmy Hill City Attorney Richard Komando City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Commissioner Maria Mark Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30p.m. Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of Aprill3, 2015. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors A. Proclamation In Recognition of the Distinguished Service ofDonna Kaluzniak. Mayor Woods read the Proclamation recognizing Donna Kaluzniak who retired on March 20, 2015 and presented it to Ms. Kaluzniak. Ms. Kaluzniak thanked the Commission, stating she is very honored to receive this, and also thanked all of the staff in the City that she worked with for many years. She stated they accomplished a lot of things as a good team and she misses working with everyone. She stated she wishes the City continued success in everything they do; she will always love the City of Atlantic Beach. Item 2C was taken out of sequence and acted on at this time. C. Presentation from Purvis Gray regarding the Audited Financial Statement ofFY2013-2014. Ron Whitesides, Purvis Gray & Company, Audit Partner in charge of the City's outside independent auditors, presented the summary of the results of the annual audit report for 2013-2014, stating they have a very positive result to report tonight. He stated the audit was unmodified, which means it is a clean audit opinion, the highest one of assurance that auditors can render. He stated they had no findings, or internal control errors to report; it was clean in all respects. He stated there was a $1.2 million increase in revenues, driven by improvement in investment earnings and the grant for the reclaimed water project. He stated expenses are up by $470,000, mainly due to the tipping fee settlement with the City of Jacksonville. He stated for the year the City operated at a $1.4 million excess/income vs. $629,000 the year before, so it was a very positive year financially for the City. He stated the City has $4.8 million restricted and $11.1 million unrestricted in spendable reserves. He stated the Government Finance Officers Association recommends you have at least two months reserve, Atlantic Beach is closer to six. He stated the City is in a strong fmancial position. He further discussed the pensions, stating the accounting standards have resulted in some changes into how the actuaries measure the pension liability. He stated for the General Employees plan at September 30, 2014 April27, 2015 REGULAR COMMISSION MEETING AGENDA ITEM# lA MAY 11,2015 Page2 there is an actuarial projected liability of $20.1 million, while $14.9 million of assets has been set aside in the Pension Trust Fund for those employees. He stated the difference of $5.2 million is the net pension liability to be funded over time. He stated with the Police Officers plan there is $12.8 million of pension liability and $8.1 million of assets, leaving a $4.7 net pension liability. He stated the two plans are funded at 74% and 63%, respectively. He stated nothing has changed with the City's obligation to fund it, it is the same as it has always been; what is changing is the accounting recognition to recognize it. He stated ultimately he can't tell them that the City will pay this obligation because there are a number of factors that go into estimating it, the least of which is the investment rate of return. He stated if the investments perform better than the actuary has estimated, they may pay less than this; if they perform more poorly, it may cost more. He stated in any event, it will be over many years that this obligation gets liquidated. He answered questions from the Commission. B. Proclamation-National Kids to Parks Day Mayor Woods read the Proclamation proclaiming May 16, 2015 as National Kids to Parks Day and presented it to Timmy Johnson, Director of Recreation Programs and Special Events. Mr. Johnson summarized the activities that will be forthcoming in the parks on May 16. C. Presentation from Purvis Gray regarding the Audited Financial Statement ofFY2013-2014. This item was taken out of sequence and acted on earlier in the meeting. Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Marilyn Ormond, 1995 Brista De Mar Circle, spoke in support of the trees. She stated she was concerned whether she should trust a tree trimmer who tells her to remove a tree and asked if the City has someone who could tell her whether she really needs to remove a tree. She stated she just wants to make sure if she has to remove a tree, that it is coming down because it needs to come down. She further stated Seminole Rd. needs to be repaved. Cathy Gay, 28 17th Street, stated the police department engages in bingo ticketing and related an experience she had with the police ticketing her. She also related an experience she had with an unleashed dog that attacked her dog while she was walking her dogs on a leash, resulting in the death of the unleashed dog and serious damage to her hand. She stated she received a citation on her dog, Rusty, who was not even involved in the incident, declaring him dangerous. She stated her complaint is about the process. Judy Sheklin, 1985 Brista De Mar Circle, spoke in favor of providing more protection for legacy trees. She also spoke against the amendment that the Commission only be elected by those in their district. Margo Mudge, 1549 Ocean Blvd., related an experience regarding a tree on the side of her property that a developer of the property next door had removed down to two stumps against her wishes. She submitted a copy of the incident report and photos. Katie Armstrong, 1116 Linkside Court W., spoke in favor of the trees and related a positive experience she had while volunteering with the tour of the parks. Stated she is in favor of protecting our trees in any way they can. Mitch Reeves, 1663 Sea Oats Drive, stated it was a nice report from the audit and thanked the Commission for keeping us within the budget but asked that they stress reducing the millage next year and not have a roll- April27, 2015 REGULAR COMMISSION MEETING AGENDA ITEM# lA MAY11,2015 Page3 back. Stated they need to do whatever they can to keep the pension rolling, because they have made an obligation to our law enforcement and to our employees. Stated Timmy Johnson does a great job in the parks. He stated a lot of people enjoyed the Arts in the Park and they need to continue it. Stated he believes it is fair to have the districts vote for their representatives. Stated he was surprised they didn't look at going to seven Commissioners and believes it would be the right thing for the City. Richard Ouellette, 1060 Seminole Rd., called their attention to former Mayor Billy Howell, who is now a hospice patient and asked that they pray for his wife and family and for a peaceful death for him. He asked that they find a way to express gratitude for his service to Atlantic Beach. Diana Haramboure, 420 Snapping Turtle Court E. stated she in favor of the ordinance that strengthens the safeguards for the tree canopy and asked the Commission to please consider that carefully. Michael Sheklin, 1985 Brista De Mar Circle, asked that the Commission please strengthen the tree ordinance. Stated we do have a good tree ordinance but also have a lot going on in terms of construction and there are a lot of trees being cut down. Steve Fouraker, 387 6th St., stated he agrees with Kathy Gay and believes the whole process in declaring a dog dangerous needs to be reviewed. He asked that the Commission review that whole investigational process, including witness credibility and the adjudication process. He stated a miscarriage of justice is happening here. He also agreed with the sentiments for Billy Howell, stating he is an incredible man. He asked that the Commission pass the tree ordinance, as written, stating he believes it is a good beginning. He stated there are a lot of people developing who don't care about our environment here. He stated many people talk about how this conflicts with property rights, but what this is really is community rights. He stated the legacy trees they are going to try to protect with this ordinance belong, in a sense, to the whole community because they affect everything else, including our wildlife and birds. He stated he urges the Commission to pass this ordinance and tighten this thing up. Mike Whalen, 1420 Mayport Rd., stated he doesn't believe the tree ordinance is strong enough. He also stated he got tired of waiting for anyone to do anything so he personally planted eight 100 gal. trees on his property, and 300ft. of shrubs. He stated he has found that there is no vehicle for small businesses on the Mayport Corridor to communicate with the City. He stated he believes the best way to clean it up is to work with the small businesses on the Corridor; give them some vehicle to communicate. He stated they have already taken a big hit at 201 Mayport Road where they were allowed to cut 50 palm trees down. He stated he believes there should be some vehicle where they should be able to save those trees; i.e. as a business owner, if he wanted to approach a building that is being tom down and say he would like to purchase those trees and move them to his property or to City property. He asked that they don't forget about the small business owners on the Mayport Corridor; they would like to work with the City on beautifying Mayport Road through trees and shrubs. Douglas Speed, 1207 Seminole Rd. spoke in favor of the tree ordinance. Stated he was concerned about the City taking the trees on Seminole Road down for a bike path and asked if the City will be held to the same requirement as a homeowner when the tree is on their right-of-way. John November, 647 Beach Ave., stated he represents Atlantic Beach Canopy, a community group of concerned citizens that has come together to dedicate themselves to protecting our quality of life here in Atlantic Beach by protecting our canopy, and asked that the members of the group stand up. He spoke in favor of the tree ordinance stating they need to continue to be responsive to citizens rights and property rights but they need to keep the control on developers who are coming in and clear cutting and believes this April27, 2015 REGULAR COMMISSION MEETING AGENDA ITEM# lA MAY 11,2015 Page4 ordinance closes a very well known loophole and does a great job of protecting those huge legacy trees. He stated there is more to do; there are enforcement measures that need to get put in place, refinement of the ordinance, i.e. if we had a strong boundary ordinance in place it would have been very clear what the law states and if a trunk is on your boundary you have to sign off on it getting cut down. He thanked the staff and Commissioners for all the hard work they have done on this. He also thanked the Atlantic Beach Canopy members for being here. No one else from the audience spoke, so Mayor Woods closed the Courtesy ofthe Floor to Visitors. Item 8B was taken out of sequence and acted on at this time. B. Police Building Status Update. Public Works Director Doug Layton introduced the representatives from Clemons, Rutherford & Associates (CRA), Blakeley Bruce, Bill Rutherford, and Bobby Baker, stating they would give a status report on the police building. Mr. Bruce gave a slide presentation to update the Commission on what they have been working on with the police building (which is attached and made part of this Official Record as Attachment A). He explained in detail the floor plan for the proposed new building, stating it is a little different from what was in the agenda packet in that some square footages and areas of the building have gotten smaller. He also showed slides of the front and side elevations, and explained the construction cost model, total project cost and the schedule for the design and construction phases. Mr. Bruce answered questions from the Commission. Discussion ensued. Chief Michael Deal stated they are very excited about this layout and the work that has been done. He stated they have created more efficient work space that he believes will allow them to bring some volunteers in to work in the department. He stated they are pleased with this plan and believe it will be very good for the department. Mayor Woods stated she is much happier with this proposal than any seen to date. She stated at any time there is anything slowing them down they can call her directly so they can keep this project moving. She asked if the Commission gave their consensus to accept their plan and continue moving it forward. It was the consensus to do so. Item 3E was taken out of sequence and acted on at this time. E. Selection of Construction Management Services for Police Building Expansion and Remodeling. Mr. Layton explained the Construction Manager will be selected by qualifications and will work with us in predesign. As CRA puts the construction packages together they will go out for bid to subcontractors and they will be rolled up under the construction manager contract. He stated right now they are just asking for the Commission to allow staff to contract with them for preconstruction services and staff will come back to the Commission with a guaranteed maximum price from the construction manager. He stated all they are asking for at this time is approval of their selection and to allow staff to contract them for preconstruction services. Motion: Authorize staff to negotiate with the firms in order of their rankings for Construction Management predesign services for the expansion and remodeling of the Police Facility and to authorize the City Manager to sign an agreement with the selected vendor to perform these services in an amount not to exceed $35,000. AGENDA lTEM # lA MAY 11,2015 April27, 2015 REGULAR COMMISSION MEETING Moved by Mark, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mr. Layton introduced Paul Hoffman who is the Project Manager for the firm they just selected. 3. Unfinished Business from Previous Meetings A. Wind Shutter Replacement Panels. Mr. Layton summarized his staff report, stating there is a $5,000 deductible that the City has to pay. PageS Motion: Approve City Manager to purchase the replacement shutters in the amount of $14,684, as recommended. Moved by Mark, Seconded by Beckenbach Commissioner Mark asked why this came before the Commission since it was under the City Manager's threshold for approval. Mr. VanLiere stated they wanted to make the Commission aware that it happened and these were not items that were in the budget and they will be purchasing them with the insurance proceeds. He stated they will see this again in a mid-year budget modification as they match the insurance proceeds with the expenses. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. 201 Mayport Road PLAT. Building and Zoning Director Jeremy Hubsch stated he is requesting a vote to approve the 201 Mayport Road PLAT. He stated he has no issues with it. Motion: Approve 201 Mayport Road PLAT as recommended. Moved by Mark, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED C. Naming of Fountain in the Mayport Road Retention Pond. Mr. Layton, summarizing his staff report, stated the veterans contributed $2,500 to get started with this and wanted to put a plaque on it with their logo and the City's logo, calling it the Freedom Fountain. Motion: Approve the name "Freedom Fountain" and placement of a new sign as requested. April27, 2015 REGULAR COMMISSION MEETING Moved by Mark, Seconded by Daugherty AGENDA ITEM# lA MAY 11,2015 Page6 Commissioner Hill thanked the veterans for their efforts, stating $2,500 is a great deal of money to them. Mayor Woods agreed and thanked them for the beautification of their local community too. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED D. Amendment to Atlantic Beach Country Club Master Agreement. Mr. Van Liere explained the amendment which will allow the Country Club to come in under our rate structure that was adopted earlier this year. Motion: Approve the Mayor to sign the amendment to the Master Agreement between the City of Atlantic Beach, Florida and the Atlantic Beach Country Club and Atlantic Beach Partners, LLC. Moved by Mark, Seconded by Daugherty Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED E. Selection of Construction Management Services for Police Building Expansion and Remodeling. This item was taken out of sequence and acted on earlier in the meeting. 4. Consent Agenda ALL MA TIERS 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 Building Department Monthly Report for March 2015. B. Declare the list of property as surplus so that it may be disposed of in the most beneficial way to the City. C. Acknowledge Receipt of the 2014 Water Audit Summary. D. Acknowledge Receipt of the 2014 Annual Water Quality Report. E. Accept the FY 2013-2014 Audit Report. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A-E as read. April27, 2015 REGULAR COMMISSION MEETING Moved by Daugherty, Seconded by Hill Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 15-04 AGENDA ITEM# lA MAY 11,2015 Page 7 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FLORIDA FOREST SERVICE. Mayor Woods read Resolution No. 15-04 by title. Mr. Hubsch stated they are trying to do a tree canopy management plan with Charlie Marcus who is an arborist. He stated this is an urban forestry grant from the State and explained the Resolution must be approved to allow the City to be able to apply for the grant. Motion: Approve Resolution No. 15-04 as read. Moved by Mark, Seconded by Beckenbach Commissioner Hill asked what percentage of what amount will the grant cover and what will it cover. Mr. Hubsch explained it is a 50% match but they can use in-kind donations of staff time, as well as tree plantings, so they are going to use tree plantings that they are going to do and staff labor to offset some of the cash match. He stated the amount is $5,000 cash and $5,000 in-kind and they are going to get $10,000 worth of services including a comprehensive corridor management study from Charlie Marcus that will focus on Atlantic, Seminole, Mayport, and others. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. Ordinance No. 12-15-04, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH THE CITY OF JACKSONVILLE PROVIDING FOR THE ANNEXATION OF CERTAIN LANDS FROM THE CITY OF JACKSONVILLE TO THE CITY OF ATLANTIC BEACH UPON WHICH THE DEVELOPMENT OF THE ATLANTIC BEACH COUNTRY CLUB FORMERLY KNOWN AS SELVA MARINA COUNTRY CLUB IS BEING REDEVELOPED BY ATLANTIC BEACH PARTNERS, LLC; PROVIDING AN EFFECTIVE DATE. April27, 2015 REGULAR COMMISSION MEETING AGENDA ITEM # lA MAY 11,2015 PageS Mayor Woods read Ordinance No. 12-15-04 by title. She opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No. 12-15-04 as read. Moved by Mark, Seconded by Daugherty City Attorney Rich Komando explained the Interlocal Services Boundary Agreement is one avenue toward annexation. He stated it is a contemplation between two local governments that allows for the provision of services. He stated after this agreement is in place, we can take the next formal steps toward the property being annexed, which will be followed by changing our future land use designation and zoning requirements so they would conform to our City. He answered questions from the Commission. Commissioner Beckenbach thanked staff for looking up the information that was required pertaining to the fire house situation. He asked the City Manager to explain that for the citizens. Mr. Van Liere explained this passed the Rules Committee in Jacksonville and stumbled in the Finance Committee a couple of weeks ago. He stated they had issues with the cost of providing fire service. He stated what came out later was the allocation of calls for service that showed about 60% to Atlantic Beach and when taking that into consideration that balanced the equation and took the fire costs issue off the table as a barrier. He stated Councilman Gulliford's office and his staff with the Country Club's attorneys and he worked together to get some numbers and showed that would be a wash for cost of services to Atlantic Beach with about $370,000 of expected property tax revenues that would come to us. He stated they also provided some calculations that indicated, with the increased population of the Country Club on a pro rata basis to our costs to providing services to all the citizens, that again it would be a wash with $370,000. He stated that information went to the Finance Committee and to their final committee and they both approved it unanimously, which puts it on their agenda tomorrow night. Commissioner Daugherty asked if they are going to have a representative there from the City in case there are questions that are raised. Mr. Van Liere stated he could go sit through the meeting. Commissioner Mark thanked Mayor Woods for writing the letter regarding the not so favorable remarks made by a certain councilwoman and appreciates her voicing that we were not happy with that. Mayor Woods expressed her appreciation to staff, especially the City Attorney and City Manager who have worked very hard. Commissioner Mark also thanked Councilman Gulliford, who was the one who really pushed it on the Jacksonville side. Mr. Van Liere also thanked Councilman Gulliford and his staff. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. Ordinance No. 95-15-109, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 23, ARTICLES II AND III OF THE CODE OF ORDINANCES, PROTECTION OF TREES AND NATIVE VEGETATION, TO AMEND SECTION 23-8 DEFINITIONS OF: ATLANTIC BEACH PROHIBITED SPECIES LIST, ATLANTIC BEACH RECOMMENDED SPECIES LIST, EXTERIOR ZONE, INTERIOR ZONE, LEGACY TREE, REGULATED TREE, WAIVER; AGENDA ITEM # lA MAY 11,2015 April27, 2015 REGULAR COMMISSION MEETING Page9 AMENDING SECTION 23-21 TO REQUIRE PERMIT WHEN A LEGACY TREE IS REMOVED; CHANGING CONSTRUCTION EXEMPTION FROM SIX (6) MONTHS TO TWO (2) YEARS IN SECTION 23-22; ADDING A NEW FEE FOR SINGLE TREE REMOVAL OF LEGACY TREES TO SECTION 23-26; REVISING THE MITIGATION TABLE IN SECTION 23-33 TO REMOVE INTERIOR AND EXTERIOR ZONES, CREATING A RECOMMENDED TREE SPECIES LIST, REVISING THE TREE SELECTION CRITERIA; ADDING THE ATLANTIC BEACH PROHIBITED SPECIES LIST TO SECTION 23-35; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 95-15-109 by title. Motion: Approve Ordinance No. 95-15-109 as read. Moved by Mark, Seconded by Beckenbach Mr. Hubsch gave a slide presentation explaining the concept of legacy trees. He answered questions from the Commission. Discussion ensued. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED C. Ordinance No. 5-15-62, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 14, ARTICLE II, SECTIONS 14-17 AND 14-23 OF THE CODE OF ORDINANCES, ADDING TWO APPOINTED ALTERNATE MEMBERS TO THE COMMUNITY DEVELOPMENT BOARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 5-15-62 by title. Motion: Approve Ordinance No. 5-15-62 as read. Moved by Mark, Seconded by Daugherty Commissioner Hill stated this will make a big impact with the pool of talent we have and if it isn't a fit it will be something they can correct in the future. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED D. Ordinance No. 33-15-19, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING A NEW CHARTER WHICH AMENDS AND REPEALS ALL FORMER CHARTER PROVISIONS, INCLUDING THE FORM OF GOVERNMENT, POWERS, THE COMMISSION, THE CITY MANAGER, THE CITY CLERK, THE CITY ATTORNEY, PUBLIC SAFETY, BUDGET, FINANCE, ELECTIONS, INITIATIVE AND REFERENDUM, RECALL ELECTIONS, FRANCHISES, TAX ADMINISTRATION, ZONING, MUNICIPAL BORROWING, SUITS April27, 2015 REGULAR COMMISSION MEETING AGENDA ITEM# 1A MAY 11,2015 Page 10 AGAINST THE CITY, GENERAL AND MISCELLANEOUS PROVISIONS, WHEN ACT TAKES EFFECT AND PERIODIC REVIEW; SUBMITTING THE NEW CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 33-15-19 by title. Motion: Approve Ordinance No. 33-15-19 as read. Moved by Mark, Seconded by Beckenbach City Attorney Komando explained the Ordinance, stating this is the amendment the Commission had decided would be incorporated into one complete rewrite of the Charter. He stated after approval of the second reading this will be given to the Supervisor of Elections to put on the ballot. Mayor Woods clarified that the Commission is not approving these amendments, they are approving putting these amendments on the ballot for referendum for the citizens to vote on. Mr. Komando stated for any citizen who is interested, between now and the time it is put on the ballot, is the time to download it offthe City's website or come in and ask for a copy of it so they can review the changes. Discussion ensued. It was determined that they would discuss the amendments at the next Town Hall meeting on July 18 at Jordan Park. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED E. Ordinance No. 33-15-20, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING AN AMENDMENT TO THE CITY CHARTER WHICH WOULD ELECT CITY COMMISSIONERS FOR SEATS 2, 3, 4 AND 5 BY THEIR RESPECTIVE DISTRICTS; SUBMITTING THE PROPOSED AMENDMENT FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 33-15-20 by title. Motion: Approve Ordinance No. 33-15-20 as read. Moved by Mark, Seconded by Beckenbach Discussion ensued with each Commissioner expressing why they agree or disagree with this amendment. Votes: Aye: 3 -Beckenbach, Mark, Woods Nay: 2-Daugherty, Hill MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Atlantic Beach Country Club-Acceptance of Utilities for Ownership and Maintenance. Mr. VanLiere explained the Acceptance ofUtilities. He answered questions from the Commission. April27, 2015 REGULAR COMMISSION MEETING It was the consensus of the Commission to move this forward to the next agenda for action. B. Police Building Status Update. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. • 90-Day Calendar (April-June 2015) AGENDA ITEM# lA MAY 11,2015 Page 11 Mr. Van Liere reported he passed out an agenda for the Strategic Planning sessions which will be held May 4, 12:30-5:50 and May 5, 8:00-4:00, with a break for lunch. 10. Reports and/or requests from City Commissioners and City Attorney A. Seaside Community Council. There was no discussion on this item. Commissioner Mark • Stated she is very disturbed about Ms. Gay's comments about the dangerous dog ordinance and will discuss this with Chief Deal. • Stated for the record, there were a lot of trees removed at Atlantic Beach Country Club but they planted over 170 trees and are still planting. She stated they are also looking to get the golf course Audubon certified and she has been asked to sit on a steering committee to get that done. • Reported on the presentation she went to that was discussing the Jacksonville Tree Ordinance and that there should be a Tree Board. She stated with our revamping the Tree Ordinance, we might want to recreate that Tree Board again. Commissioner Hill • Suggested the slogan "To the Trees" for the Canopy group. • Stated the dog issue concerned him greatly because there were a lot of inconsistencies and issues that he hopes can be corrected. • Stated Mike Whalen requested to have some type of conduit between the business owners and the City and he would like to officially address that. • Would like to quickly take some official action for Billy Howell. Commissioner Daugherty suggested they craft a proclamation thanking him for his service to the City. Commissioner Hill stated they could present something through staff to his home in the next day or so. Mayor Woods stated they can get a proclamation to him by Thursday and read it formally at the next meeting. She asked that the City Clerk research his service to the City for the proclamation. Commissioner Daugherty • Stated he looked at the report on the tree being cut that the citizen discussed and they were probably within their rights. He stated he was concerned about her statement that Officer Harding was laughing and joking with the tree people and this is a behavior he has seen several times with our police department. He stated he hopes that will be addressed. April27, 2015 REGULAR COMMISSION MEETING AGENDA ITEM # lA MAY 11,2015 Page 12 • Asked to have a thank you letter and plaque made for the VFW for their contribution for Freedom Fountain for the next agenda. • Stated he believes there should be some kind of notice for people buying property in Atlantic Beach that they will be under very strict regulations under the Tree Ordinance. Mayor Woods stated she is having heartburn with him describing them as very strict regulations; she believes it is a very good recommendation and middle road. She also believes it would be unethical to inform a home owner of what they could and couldn't do on the property and also there is a thing called buyer beware. She stated if you are investing in a property, it behooves you to look into the community you are moving into to see if you have any concerns. Commissioner Hill stated to his point, if you move from somewhere that didn't have any protection, it would be a shock. Mayor Woods stated we are looking at resecuring our Tree City designation and with that you put it in your literature, on the website, etc. Discussion ensued. Commissioner Beckenbach • Congratulated and thanked the Commission for working together for the police building. • Thanked everyone for moving forward with the Tree Ordinance. City Attorney Komando • Has prepared a proposed order for the variance appeal hearing that was conducted last week which he will present to the Mayor. He stated it is a formality to memorialize the discussion and the decision. City Manager Van Liere • Thanked everyone for their help and believes the public comments earlier in the meeting were pretty brutal and asked that they keep in mind that there are two sides to every story and there are a lot of facts that weren't mentioned and when they understand what happened they might have a different viewpoint on it. Mayor Woods • Expressed her concern to Billy Howell and his family, stating all of our hearts go out to them and wish them the best on their journey. • Referring to some comments about large houses and runoff problems, reminded everyone why there is a zero runoff policy for new houses. • Liked Mike Whalen's idea of a tree trade and might be an idea the community could buy in to as well as the comments about engaging our business community. • Referring to the woman's comments about the tree on her property, she asked if they can override that State law. Mr. Komando stated no. • Encouraged the Commissioners to have a discussion with Chief Deal about the issue of bingo ticketing. • Congratulated everyone on the fmancial audit. • Doesn't believe the bike path will remove the trees on Seminole Rd. and hopes that they ensure that is not the outcome of any such project. • Reported on the two trees planted in Howell Park on Earth Day. April27, 2015 REGULAR COMMISSION MEETING Adjournment AGENDA ITEM # IA MAY 11,2015 Page 13 There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:31 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer •• 5,550 sq. ft. RECOIWS I I 5,550 sq. ft. r ------- :g 1-• I -' ' ~ : .. ) (' d J [1 ~~ Description Design Process NTP-Desicm Kick-off meeting & Advertise for CM Establish Priorities, Relationships. Goals. Design Opttons. Brai nstorminQ Analysis/Confirmation of Program/Study Conceptual Schematic Integrate Program onto Conceptual plans and elevations. Order of macnitud" cost estimate uodated Owner Review • CM selection process Advanced Schematic Develop deUI•Ied plans, e levations, typical wall sections. Estimating • Preliminary CM Estimate Owner Review and Approval lncorj:>Orate Owner Comments Design Development (SO% Documents) Develop build ing sectoons, wall sections, stan door and fin ish schedules. MEP systems. Owner Review and Approval 50% Mtg with Permitting/AHJ Quality Control Review CM Preliminary GMP Construction Documents (90% Documents) develop de~aol s. specoficatoons, schedules. systems. Owner Review and Approval CMGMP Public Board McctinQ. 100% Construction/conformance Documents finalize detaols , speCifications. schedules, systems and coordinate final documents to conform with GMP Quality Control Review (Final) Owner Review and Approval of100% CO's Mig with AHJ Constr uction NTP. Buildin!l Construction Pre·Construction MootinQ Construction Substantial Completion ProQress MtQ Owner/CRAICM Site Visits Construction F ina I Record DrawinQS to Owner Move In and Occupancy Anniversary Inspection Aug 2017 NTP • Notice to Proceed -Construcbon GC • General Cont.r~ctor Sub • Substantoal Completiof1 ADV • Advertose lor Bids CM -ConstructJon Manager --~--------·~-~~- Schedule for City of Atlantic Beach Police Facility Expansion Responsible Party Owner ArE Pro· Arch/Pro· ManaQer ArE Pro· Arch/Pro· Manaoer ArE PrQL Arch!Proi Manager Owner NE Proj Arch/Proj Manager NE Proi Arch/Pro Manaoer CM Owner AlE Prot Arch/Proj Manager NE Proj Arch!Proi ManaQer NE Pro· Arch/Pro· ManaQer Owner AlE NE Pro· Arch/Pro· ManaQer CM ArE Pro1 Arch/Proj Manager AlE Pro· Arch/Pro· ManaQer Owner CM Owner NE Pro1 Arch!Proj Manager AlE Proj Arch/Proj Manager AlE Pro Arch/Pro· Manager Owner AlE Owner/ArE Owner/NE CM CM NE Const AdmmSQecialist NE Consl Admin Specialist CM CM /NE Owner Owner/ AlE I CM OR -Owner Review 00 Owner Occupancy A I -Anniversary Inspection 2015 Jan 1 NTP cs OAC -Owner Archotect Contractor Meet.ng Feb Mar 2 I OR AS April May Jun July 3 ( 4 5 6 I CM (OR I 00 OR oc CM co CS · Conceptual SchematiCS AS Advanced Sehorrotocs CO • Con> I• uc11on Documents OC Quality Control Revoew Aug Sept 7 8 9 OR CM PM 2016 Oct Nov Dec Jan -July Aug Sept Oct Nov 10 11 12 131 19 20 21 22 23 ~ .... ::_!1~~ l.f'i~'p~~~tf~i.l I Sib'i'l3Jlli~U Ut . . :tr it;~ ·~-~:i'IJ!!~ :t i ., .. • >'\r'l (i~'t.l:1 ~~ 'CJ~='W~E:. ,S'3i] ;~r).VJT£1 I J I I I I I I I I I I I CD ac I I OR I I I I I I I I I I I NTP • Buildinq I I Constnuctoon 10 Months I I I I I Substantial OACMTGS OAC Site V •Sits Fonao J I 00 I AHJ -Authority Having Jurisdoct•on I-- I-- I-- r-- I-- I-- r-- I-- > C1 :::~ >2 ..::0 AGENDA ITEM# 1B MAY 11,2015 MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON APRIL 22,2015 PRESENT: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty (an1ved at 5:47p.m.) Commissioner Jimmy Hill Commissioner Maria Mark ALSO: Donald Wolfson, Petitioner Christopher White, Esq. Call to order. Nelson Van Liere, Interim City Manager Rich Komando, City Attorney Donna L. Bartle, City Clerk Nancy E. Bailey, Recording Secretary Mayor Woods called the Special Called meeting to order at 5:47p.m. in the Commission Chamber. She explained, per the court order and the agreement between both parties, the only documents to be considered are those contained in the packet that has been submitted and distributed to the Commission. She stated, therefore, there will be no public comments or Courtesy of the Floor. City Attorney Rich Komando stated Christopher White is present with Donald Wolfson and they discussed this and the documents have been provided by them. He asked if Mr. White takes an exception to that. Mr. White stated he did not. 1. Wolfson Appeal ofVm1ance Denial ZVAR-2011-01 A. City's Documentation. Jeremy Hubsch gave an overview of the zoning variance request made by Mr. and Mrs. Wolfson to the Community Development Board. He explained the grounds for denial of the request, stating the Board determined the request would have the greatest impact on the light and air to adjacent properties; and the grounds for approval, stating the Board did not believe the request met any of these conditions. He stated the Board voted 5-2 to deny the request for the 10 ft. setback reduction. He stated the applicants then appealed to the City Commission. City Attorney Komando explained there was a previous decision by the Commission that was appealed to the Circuit Court which was then appealed to the First District Court of Appeal and it was that decision which returns it to the Commission today. He stated Jeremy, at his advice, is being very cautious about discussing that so they don't violate the court order to limit the Commission's consideration to what was originally considered by the Community Development Board (CDB). He asked Mr. White if that was conect. Mr. White asked, as a point of order, in the agenda packet, have all AGENDA ITEM #lB MAY ll, 2015 of the decisions been presented to the Commission, i.e., the Circuit Court decision and the DCA decision. Mr. Komando stated he doesn't know that the most recent Circuit Court decision was added but the DCA opinion was provided last time. Mayor Woods confirmed that the Circuit Court decision was in the packet. Mr. White stated the consideration from the Commission has to be everything and only everything that was in the record but he doesn't know if that precludes them from commenting on any of the language contained in those orders from the Circuit Court. Mr. Komando stated he doesn't have a problem with that. B. Applicant's Documentation. Mr. Wolfson presented his case for his variance request. He stated this lot has always been zoned for residential use. He stated they purchased this lot in March 1981 prior to annexation of Seminole Beach by Atlantic Beach in 1987 and have owned this lot that was zoned for single family residence for 3 7 years. It was zoned RGA and the setbacks that were permissible when they were annexed were 20 ft. front yard, 2 ft rear yard and 15 ft combined side yards. The City of Atlantic Beach stated they would respect the same standards/rights that the citizens of Seminole Beach had at the time of annexation and to date there has been no communication of a change to that affect. He stated upon annexation in 1987 the nomenclature of that district changed to be uniform with the City of Atlantic Beach to RS2 zoned for single family residence. He stated they have paid taxes on this lot for 34 years that is zoned single family residence and were assessed for sewer tap-in. He stated without a variance they cannot build a single family residence compliant with the zoning requirements for that lot. He stated this Commission will either approve the request for the variance or deny it. He stated approval of their variance request enables them, as taxpaying property owners to enjoy the use of their property to the same extent that their neighbors are allowed; denial of their request restricts them to the two parking choices. He stated if they deny their variance today the City will place a strenuous use limitation upon them and if that is done today they will accept that; however, they expect the City and the County to refund the overcharged taxes for 34 years, plus interest, and to refund an assessment that was unfairly levied against them for a use that they do not need. He further stated something was said by the previous Development Board and previous Commission that by building a residential structure it will adversely impact light and air to adjacent properties. He stated that is the very purpose of a height limitation; that is what impairs air and light, not a single family residence. He stated they would be greatly appreciative if they approve their variance; if they deny it, they expect to have damages and reimbursement for the charges of their prorated taxes that they have been paying for a parking lot rather than for a single family residence, which it has been zoned for since 1936. Mr. Wolfson's attorney, Christopher White, fu1iher discussed the variance request, addressing the legal principles, due process, and pointing out the lack of competence of substantial evidence to justify the denial. He stated in the Commission's appellate capacity they should grant the variance based upon the reasons he has discussed and those Mr. Wolfson has stated and what is contained in the record. Mr. Komando stated Mr. White argued two different aspects, one being due process and one being competence of substantial evidence but the argument about a due process violation was essentially what occuned here at the Commission before it was appealed. He stated that argument wasn't for the CDB. He stated what was argued in the appellate decision, that due process was violated, asking Mr. White isn't that cured today. Mr. White stated what this body does in its appellate capacity is determine by the Board whether there was due process by the Board. He stated he isn't talking about what the Circuit -2- AGENDA ITEM #1B MAY 11,2015 Court found out about the due process violation with the Commission; he is now going back a step to the appellate capacity of this Commission and what it can look into, which is not just the competency of substantial evidence but whether the Wolfsons were afforded due process before the Board. Mr. Komando asked is it his opinion that this process today cures that problem, one way or another. He asked if Mr. White believes he has not received due process from this hearing. Mr. White stated no, absolutely they have been afforded due process by this hearing. Mr. Komando stated he just wanted to make sure that was clear. He further asked Mr. White, related to the 1993 Hawks variance, if he agreed that that decision by the Commission was not binding on this Commission. Mr. White stated absolutely, he conceded that the prior granting of variances are not binding; they do not set a precedent, just as the arbitrary denial should not take place when there is not competence of substantial evidence. Mr. Komando stated his client had asked for approval of the variance but Mr. White made a comment that they are not looking at the grounds for approval they are only looking at the grounds for denial. He asked if he is saying that there wasn't one ofthe Sec. 24-64(d) grounds for approval or is there a ground that they want the Commission to consider. He asked which criteria they want the Commission to focus on for grounds for approval. Mr. Wolfson stated the grounds for approval he believes applicable are #3 -Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area, and #6 -Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property, elaborating on the reasons for choosing both. Mr. White also added #4 -Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property; explaining when the property was purchased there was a 10 ft. rear yard setback, when it was annexed the Atlantic Beach Code placed it at 20 ft. which places an onerous effect because of regulations that take affect after purchase of the property because of the annexation. Mr. Komando asked if there is a lesser variance that would get Mr. Wolfson to the 650 s.f. Mr. Wolfson explained the reason they asked for the 7 ft. variance. Because this is a quasi judicial hearing, Mr. Komando asked if there are any disclosures by the Commission of any ex parte communication pursuant to Resolution 95-26, meaning have they talked to anyone about this and if so, who and what was the content of the communication. Commissioner Daugherty stated besides the emails, which we have record of, he hasn't had any. Commissioner Beckenbach stated he has had the same emails. Mayor Woods stated she has discussed it with staff. Commissioner Hill stated he had an email requesting he come look at it but doesn't remember the citizen's name, but he never went and looked at the property directly with them. Commissioner Mark stated she has had emails from Joe Riggero, Barbara James, Donnie Wanstall, and Greg Kelly, who also called her on the phone regarding the variance hearing. Mr. Koman do asked Mr. White if he had any exception to those. Mr. White stated the only exception he has is to the extent that any of them are not part of the record of the Board itself, because anything outside of that, just like with public comment here would be inappropriate to consider. Mr. Komando stated that was co1Tect and the Commission has been advised not to consider anything that wasn't considered by the Community Development Board. He asked the Commission, by their affirmation, if they were able to do that today. The Commissioners, excluding Commissioner Daughe1ty, stated yes. Commissioner Daugherty disclosed that three-four years ago Mr. Wolfson invited him out to that -3- AGENDA ITEM #lB MAY 11,2015 property and he did tour the property with Mr. Wolfson. Mr. Komando stated that was fine. Mr. Komando asked if the Commission had any questions for the applicant. The Commission asked Mr. Wolfson, the City Attorney and Mr. Hubsch several questions. Mr. Wolfson, Mr. Komando and Mr. Hubsch responded to each. Discussion ensued. Mr. Komando asked Mr. White and Mr. Wolfson if they had any rebuttal or closing that they would like to present. Mr. Wolfson gave his rebuttal stating the fmmer director, Sonya Doerr, and her predecessor, Erika Hall, came before the Development Board with a lot of history. He stated what Mr. White was referring to was their finding of why they recommended the variance be approved with the land, not with the application. He stated the reason why was because that was the basis for granting the variances before. He stated that is the position that they have taken; that that is the expert opinion because that was the qualified perspective. He stated he just wanted to clarify that that was part of the original process. Commissioner Daugherty stated, as part of disclosure of ex parte communications, after looking back at his emails he noted that he replied to a citizen, either Don Wanstall or Greg Kelly, stating that "I don't see why the Commission would change its mind but I'm only one vote". Mr. Komando asked if he would still be able to make a decision based only on the record that was before the CDB. Commissioner Daugherty replied yes. Commissioner Mark expressed concern about Mr. Wolfson's closing comments about bringing an action against the City, suing for back property taxes that he has paid on this lot as residential lot. Mr. Komando asked that the Commission not take that into consideration. He stated the determination of property values is something that is the purview of the Property Appraiser, not something that is the purview of this Commission. Commissioner Hill stated you have to determine when a law is enacted and if a law is in place, from that point forward that law should be in place. He stated, if it isn't, why make the law in the first place. He stated at some point they have to be brave enough to do what our current laws say. Mayor Woods addressed each ofthe grounds for denial and the grounds for approval of a variance. She also read the memo in the agenda packet from staff to the citizens stating that any permissible activity allowed by the City of Jacksonville will be honored, asking when do you stop honoring a promise. Discussion ensued. Motion: Grant the Appeal and Approve the Variance. Moved by Daugherty, Seconded by Woods Further discussion ensued. Commissioner Mark stated, for the record, in the March 15, 2011 minutes of the Community Development Board it refers to denial of the Hawkes variance. She stated this discussion was with Mr. Wolfson where he gave a lengthy history of the area with particular reference to the original deed restrictions, stating "that garage approach was uniquely designed for additional parking facilities and not for living spaces, according to the CDB minutes of April18, 1989", which she believes was after the annexation. Mayor Woods stated that is incorrect because the deed says shall be used for -4- AGENDA ITEM #lB MAY 11,2015 residential purposes. Commissioner Mark stated she was only reading the quote from Mr. Wolfson. Discussion ensued. Votes: Aye: 2-Daugherty, Woods Nay: 3-Beckenbach, Hill, Mark MOTION FAILED Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjoumed at 7:40p.m. ATTEST Donna L. Bartle, CMC City Clerk -5- Carolyn Woods Mayor SllllMITTEO llV: DA TE: <.:JTY OF ATI .ANTI C BI~ACII CITY COM MISSION Ml1:to:TING STAFF REI10RT At l antic Bum:h ('nun try< 'lub Acceptance or U t ilities for Owners hip und Maint enance #-( ~~-L- D o ughts J Luyton, PIJ ) Murch ) I , 20 t 5 AGENDA ITEM #3A M AY II, 20 15 BAC K GROUN D: Atlnnti c Bench Purtnc rs has com pl ut t.:d construction of'thu S lrt:o t s and Ston1l\vutcr inlhtst r uc turc fhr th e 1\tl anlit: llcnch Cou ntry C lub su bdivision. Their Co ntractors have completed cnnstnu.:t i on in accord ance w ith app rov~.:d p l an s <trHI submit ted all twcessa r y documentation nnd starr from bnth T he C it y Atllmti c Beach and Th<.: < 'i l y o f' Ja cksonv ille have eauh compl eted 11 final inspec tion of the fitci l i ti cs and nrc prepared to accept tlw fndlit ies . 'I'IH: C it y of' A tlunti u !3cuuh will eurrcnlly m:cept U nit I with $56J, 172 ofinfrnstruc ltrre and th e City or .l~tuksnrtvill e wi ll c urrentl y ae~.:up l l lnit 2 w ith $1 ,9X I ,227 uf new inlhtstruc turc. Dltd ln s pe~;t i on s and II ducluuc<.:ptnn ce lette r W CJ'(,l dnn u i nuntic iputinnnf'Thc ( 'ily or Al lll lll it: l kudt nn rwxi ng tlw halance o f' the su bdi v i sio n . lHI I><a:T : No immediate impuc t to u pura ling bud g et. T he sdtcdulc (l l'vn iLt us im:luch.:d i n the Acccpii iiiCe Pu ~.:k agc w i II be nddcd Ill th e ('j t y 's :tssets in the 1111\0UIII 0 r S56J , 172 IIIP..V lllld $1.98 I ,227 upon ;mnc,xut inn. IU~C OMMF.NDATIONS : A ccept Uni t I slrcc.:l and st onnwntcr inli·ns t rut:lltre in th e At l an tic llcuch C o untry C'luh subd ivision lhr ownership nnd m ainl<.:llml cc now and m:cl!pl U nit 2 illf'rns tnt clrar~.: n l nnrH.:X alion and authorize the Pub l ic Works Dirc<.:tor to execut e the nttnchcd in l i'lts tnrc turc acc~.:pla n c~..: l<.:ttcr. A TTA 'IIMF.NTS: IJrall dual ('OJ/CuAU uccc pl n n~.:c letter IH~VIEWI!:D UY C ITY MANAGim: 1\tl nnlw ll l'nc:h PnrLnurl'i , Ll,(' 11 •1 Old ll11rd Honcl . Htl' It 5 0 ~ l•'l!•mint.: l ~land , FL :I:WO :I IVIIII't :h :II . ~01/i RJ!): ACCEPTANCE LE'M'ER -Atlantic Bench Country Club Unit (1&2) PLA'I' DOOK67 PAGES (1) 52·54 & (2)132·137 CITY DEVELOPMENT NUMDER 8011.001 Dt'lll' S 11< AGENDA IT EM t#3A MAY II , 20 15 'l'll t' ('it.y nl' .J m:k ~o lt vill(l IH •ruhy IH:cop l s fin· nlllintc•ltlliH.:o l.h t• pn vin l!. c:urh & ~-:ur If' I' nnd rond wny Htw·m dl'llllliiJ.W :IIi s hown 1111 r.lw pl11l., inr :ludin~ inlpi'IIVtllllt'III H in edT· ~<itt• ''I I IH'IlHl ii(.M and ri ~hl.s-ohvll y. Jlrivnlt • druinn~l'. s lormw:tlc·c· l'll l <'nliun/dc ltm l i11n f'uc :ili t.ic•M nnd/o r lt'l'n l 111\'nl . ·"~,VM (c•lll H, tl' llll,Y, lll'l' 110 1. iiCCt•p t t>d by i.llt' C:it.y li11· l1111111ll'lll llll:ll . 'I'IH',Y lll'l' jl i'I V:tlc d y c•wn pd n nd mnin ta lll c d 11 1-1 ou ll11wcl 111 Llw li llh d i viKton'H r <.•t:nl'fl pl11l., n ~sot:lnl t•d t•:l."'l'lll t·nt. domt nH•nl ~. nnd llii,Y Sin t o m· Jt'Ni cll'n l ptlrmil dqc :unw ni.H. 1'ho value of this acceptance isliAted bel ow : Unit.l Pavi ng, C u rb & Guttet· Stornt Drainage Totul Paving & Drainage Unit2 Paving, Cut·b & Gutter Storm Dt·uinuge Total Paving & Dt·a.inage I' I ANN I N <i AND I> I' V 1: I.() I' 1\l I· N I' $201,683.00 $::J61,A89.00 $fi6:l, 1 72.00 $702,005.00 $1,2_L9,222 0_0 $1,981,227.00 2 1•1 N ll ngn11 S t•·ccl. S Uit e 2 1 OCI . .ln l'kSolll vill c, 1·1, .1220 2. l'ho111c : 1111<1 2.~.~.:0 Ill l·n': 110•1 ~5.'i·X I I I ww \u llj.ll~'l AGENDA fTEM fi3A MAY II , 20 15 fliii'Hlllllll l o 111 1 11\l.!!t'J ocn l ll~l'l 'lliiH'III,, hoi.\VIIOII 1.1 11' C:ily of' ,f;u:J<l"OilVil lt• :111d flu • ('lfy or At.lu rlf.ic l ~tliH:h , PIU:h C:il.y IIC!I !!!pl .~c f.lw nhovl' ci <!Ht:l'ihc)d pnvin ~-:. l'llt'h & f-:'111 lt•r nncl r oadwny Hfor·n1 dnainiiJ.:'<: li>r llwir 1'111-'fWCf i vo j uri Hd idir>llH . In 1111l.itapii i.ICII1 o f 1\lltll'r• Hll tl<'XIlfion o f l.lw pt•opc tty fmm l.lw Ci ty of .Jm:I<Hmw illo l o IIH' C:il.y of' 1\l.lt lt 11 ic · l ~l':tl'h , n ll t•t"'hl s . wnr·r·n n f.ir !H nnd hu rwl'ii.H .'l hnll he• l.t'I\11 Hf'c-t'l't!d l o I h e! 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'_I _)i'IL.!r --=-..:rt_____;;;;;~ .;;;;....;;~-u tlvll !Oe!slgn Ei Consulilng lf:uglne(lrs IH:: ,\flttllllt• il<'ll l'it C'nu nlt',l' C hth -1 1 hu ~r I I lit)'lnt & Whtlc, I n~. l1t11icct No. 1?.2 11) AGENDA ITEM #3A MAY 11 ,2015 II 1\ttu~hcd Is th e ·'it·n~rl unt l .wnlcd 1\u gllt cc r 's ~··•~I c'linual c 1'111 lh.:hllllliuitt t: I he 11/ltmtit' ll11ttt'11 C'tlllllff'J' ('III/I l'ltll l'o• II I' lui lluurl "''"'""' li11 <'l'li 'h uc tlut l 'I he tnlub llt.tcll hc h111 11\\lllll l' l'lt uw II cnu ,l~t s nt' up pat•~lllutt<·ly "/1:.~% ,,r lh<' "''l't tlll rl,•l•t:h•puwnt "itluu the l 'il)' n l Atl unll c ltcul'h olt!hl ·ll l·ll'll)'. Orl1;lnu l ( 'ollll l'llCI t 'nmpl c t ~ll l'ct llttllllli:C ht Anuuull I lut e l'ltol .\h Sill. \VO l( 1{/IHIJ\ ll\11 i\ Y :t-7tll,(l()~ ~I'J %, ':l.IH ,1J2 .~ S/\NII'1\I( \' SF\Vt-:1( .S.6 1'1.X II•I ')N% ,\II ,HX •I 1'0 1'1\111.1 ·: \\'1\ 11 \lt S: IU.~.~~~ I 100% <;() IU :IISI · 1:2J(o,•l 21 lO ll% .\U !\I O ltlv llli<!\INi\CIE ..;1,2 /l),1.J.'J. IJII% <i HI ,Ollll I LS IINC dl\~·11111 1 I S 5.(112 ,'/(1'/ I I '~{, \}'/,);~~ I 0 I AI. 1\o\ICJ II N I s .1 ,N.~.n r.ou IO I1\I.C OMI'I.I .I EIJ .~ 'l .H I IJ,IIS'J.Otl II J\I .M./C'h I (l Fl /IllS II .\ •IUt,M•I .IIO I '\~t DF OVJ-.Iti\1.1 C'W\'1" ~ •IN/o,N.S OJ.Il ll 1'1..\'1" II ON J) ,\,\IOII N'I' .., ~ 1.1 .~LI.!IO Si tl<'o·ol'ir, liw/111 ond 11'11111', l m 9556 llls!orlc l(lng s l~oad S., Sullo 10?. · Jacksonvlllo, Florida 32'-57 · t: (00~) 34 6·0671 · 1: (004)3~6·3051 · IWI\'!.InylormHIWhl!o .com AGENDA ITEM #3A MAY 11,2015 Taylor & Whitv, lncM Civil Dt2sign r. Consulting Engintlcus June 4, 2014 City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 City of Jacksonville 214 Not1h Hogan Street Jacksonville, FL 32202 ltE: Atlnntlc Bench Counll·y Club-Phnsc I Taylor & White, fnc. Project No. 12210 Attached is the signed nnd senled Engineer's cost estimate for determining the Allanlic lle«ch Cmmlry Club-1'/l(lse I Plat Bond illltOllnl for construction within Atlantic Beach Drive from Sin. 09+75.00 to Sta. 28+80.00. The totnls listed below nssumes Phase I consists of approximately 21.5% of the overall development within the City of Atlantic Beach right-of-way. SITEWORK/ROADWA Y SANITARY SEWER POTABLE \VATER REUSE STORM DRAINAGE TESTING/ AS-0 UILTS TOTAL AMOUNT TOTAL COMPLETED BALANCE TO FINISH 15% OF OVERALL COST PLAT BOND AMOUNT Sincerely, Taylor «lid ll'hile, Inc. ::?;;/ D. G~ T~lor, P.E. 1144163 Original Contract Amount $20 I ,683 $114,230 $79,692 $64,753 $361,489 $29,808 $851,654.00 $ 623,670.00 $ 227,984.00 $ 127,748.00 s 355,732.00 T:\2012\12210 Sclvn Morini\ Country Clull\l'il)' Apps\Plat llond Ph I. doc Completed To Balance to Date Finish 18% $165,096 100% $0 96% $3,096 99% $934 88% $42,080 44% $16,778 9556 Historic Kings RoadS., Suite 102 • Jacksonville, Florida 32257 • t: (904) 346·0671· f: (904) 346·3051 • www.TaylorandWhlte.com ORDINANCE NO. 95-15-109 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 23, ARTICLES II AND III OF THE CODE OF ORDINANCES, PROTECTION OF TREES AND NATIVE VEGETATION, TO AMEND SECTION 23-8 DEFINITIONS OF: ATLANTIC BEACH PROHIBITED SPECIES LIST, ATLANTIC BEACH RECOMMENDED SPECIES LIST, EXTERIOR ZONE, INTERIOR ZONE, LEGACY TREE, REGULATED TREE, WAIVER; AMENDING SECTION 23-21 TO REQUIRE PERMIT WHEN A LEGACY TREE IS REMOVED; CHANGING CONSTRUCTION EXEMPTION FROM SIX (6) MONTHS TO TWO (2) YEARS IN SECTION 23-22; ADDING A NEW FEE FOR SINGLE TREE REMOVAL OF LEGACY TREES TO SECTION 23-26; REVISING THE MITIGATION TABLE IN SECTION 23-33 TO REMOVE INTERIOR AND EXTERIOR ZONES, CREATING A RECOMMENDED TREE SPECIES LIST, REVISING THE TREE SELECTION CRITERIA; ADDING THE ATLANTIC BEACH PROHIBITED SPECIES LIST TO SECTION 23-35; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM #7 A MAY 11,2015 WHEREAS, the City Commission of the City of Atlantic Beach, Florida seeks to strengthen the Atlantic Beach Tree Canopy, the City finds that it is necessary to amend Chapter 23, Articles II and III of the Atlantic Beach Code of Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Section 23, Articles II and III of the Code of Ordinances, specifically the Protection of Trees and Native Vegetation, Sections 23-8, 23-21, 23- 22, 23-26, 23-33, 23-35 of the City of Atlantic Beach, Florida, are hereby amended to read as follows: ORDINANCE NO. 95-15-109 Page 1 of18 Sec. 23-8.-Definitions. AGENDA ITEM #7A MAY 11,2015 For purposes of this chapter, the following terms shall have the meanings as set forth within this section, and where interpretation is required, shall be interpreted so as to give these terms the meaning they have in common usage. Where applicable and appropriate to the context, definitions as set forth within chapter 24, Land Development Regulations, of this Municipal Code, Florida State Building Codes or within Florida Statutes, as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Administrator shall mean the representative of the city as designated by the city manager to oversee administration of this chapter. Adverse site conditions shall mean existing site conditions that unfavorably affect the implementation of the provisions of this chapter and that hinder plant viability and growth. Examples include, but are not limited to: (1) Existing topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive . . (2) Existing areas of buried solid waste at a depth that would affect viability ofpresetved or planted materials. (3) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. (4) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (5) Redevelopment sites where existing landscaping does not meet current standards and where existing site conditions such as, but not limited to, impervious surfaces, access locations, or building locations, prevent the site from meeting the current requirements. (6) Sites where type or distribution of existing canopy or other protected trees are such that preservation requirements would prohibit site development or conflict with required development standards, such as stormwater or roadway designs. (7) Designs and plans that do not, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees are not considered adverse site conditions. After-the-fact permit shall mean a permit issued after a violation has occurred for the primary purpose of correcting the violation (if the activity would have been permittable) or for the purpose of bringing the violator into compliance with existing regulations. Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision of this chapter. Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal permit as required by the provisions of this chapter. Approval shall mean written permission in the form of a tree or vegetation removal permit from the administrator pursuant to a duly executed application submitted on a form as provided by the city, authorizing the applicant to proceed with an action as proposed within the application. Such approval may consist oflimitations or conditions specific to the project. ORDINANCE NO. 95-15-109 Page 2 of 18 AGENDA ITEM #7 A MAY 11,2015 Atlantic Beach Prohibited Species List shall consist of those invasive exotic species recognized by the State of Florida as detrimental to the native ecosystems and included on the Florida Noxious Weed and Invasive Plants List. (F.A •. C. SB 57.007) shall consist of invasive exotic species listed by the city in Section 23.35 (b). This list shall be updated on an as needed basis. Atlantic Beach Recommended Species List shall oonsist of those native species best adapted to the local ecosystem and providing the most desirable characteristics to the community. Shall consist of species that are best adapted to the local ecosystem, which may provide the most desirable characteristics to the community. Replacement credit may only be given for trees on the Recommended Species list in Section 23-33 (f).(l ).(f). Buildable area shall mean the area of a site, parcel or lot, excluding any area which is not eligible for the issuance of a building permit by the city, such as building setback areas, shoreline protection buffers, coastal construction setback areas, wetlands and other similar areas required pursuant to the applicable provisions of this chapter and the land development regulations. Caliper shall mean the diameter of a tree trunk measured at a point six ( 6) inches above the existing grade or proposed grade for trees four ( 4) inches in trunk diameter and under, and twelve (12) inches above the existing grade or proposed planted grade for trees larger than four (4) inches in trunk diameter. Caliper measurement is used in reference to nursery stock for new plantings. Canopy shall mean the horizontal extension of a tree's branches in all directions from its trunk. Certified arborist shall mean any person holding a valid and current arborist certification as issued by the International Society of Arboriculture (ISA). City shall mean the City of Atlantic Beach. Clear trunk shall mean the height of a palm tree measured from the ground to the point where the lowest green frond is attached to the trunk. Coastal dune vegetation shall mean the naturally-occurring, salt-tolerant native species of grasses, shrubs, vines and trees that stabilize the dunes by holding existing sand and that serve to repair the dunes of damage inflicted by either natural phenomena or human impact by trapping wind-blown sand. Community forest shall mean the collection of trees in and around the City including park and street yard trees on public property, and yard trees on private property. Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the branches, leaves, flowers, and fruit that grow above ground. Developed area shall mean that portion of a site upon which any building, structure, pavement, or stormwater facility is placed. Development or development activity shall mean any alteration of the natural environment which requires the approval of a development or site plan and issuance of a development permit; shall also include the "thinning" or removal of trees from an undeveloped land, including that carried on in conjunction with a forest management program, and the removal of trees incidental ORDINANCE NO. 95-15-109 Page 3 of 18 AGENDA ITEM #7A MAY 11,2015 to the development of land or to the marketing of land for development and shall also include activities defined as development with section 24-17 of this Code of Ordinances. Diameter at breast height (DBH) shall mean the outside bark diameter of a tree measured at a height of fifty-four (54) inches above the naturally occurring ground level. Trees with gross abnormalities or buttressing at the breast height should be measured above or immediately adjacent to the irregularity. Trees that fork at or above breast height should be measured below breast height and recorded as a single trunk. Trees that fork below breast height should be recorded as separate DBH for each. Diseased tree shall mean a tree with a sustained or progressive impairment caused by a parasite, pest or infestation which seriously compromises the viability of the tree, in that it is unlikely the tree will remain living and viable for a period of more than three (3) years, or the tree causes other imminent peril to viable trees, existing structures or persons in the vicinity of the diseased tree. Dripline shall mean the imaginary vertical plumb line that extends downward from the tips of the outermost tree branches and intersects with the ground. Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be replaced. Excavation shall mean the act of digging, cutting or scooping soil or in any way changing the existing grade of the land. See "Grading" also. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or form of a tree. Exotic shall mean a plant species that was introduced to Florida, either purposefully or accidentally, from a natural geographic range outside of Florida. Exterior zone shall mean the outer area of a lot, public or private, defined by an imaginary line dravm parallel and offset twenty (20) feet in from the front and rear property lines and seven and one half (7t4) feet in from side property lines. Grading shall mean the placement, removal or movement of earth by use of mechanical equipment on a property. See "Excavation" also. Ground cover small means a plant material which reaches an average maximum height of not more than eighteen (18) inches at maturity. Grubbing means the effective removal of understory vegetation from a site which does not include the removal of any trees with DBH greater than three (3) inches. Hardwood shall mean an angiosperm, a flowering tree or a broad-leaved tree, as distinguished from a gymnosperm or cone-bearing tree. Hazard or hazardous shall mean a danger or risk of bodily injury or property damage. Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical region prior to significant human impacts. See "Native" also. ORDINANCE NO. 95-15-109 Page 4 of 18 AGENDA ITEM #7A MAY 11,2015 Interior zone shall mean the inner area of a lot, public or private, defined by an imaginary line dravm parallel and offset t..,venty (20) feet in from the front and rear property lines and seven and one half (7H:) in feet from side property lines. This area is also referred to as the "buildable ~ Invasive exotic plant shall mean an exotic plant species that has escaped cultivation, naturalized, and established in a natural area allowing it to aggressively expand and reproduce on its own, and subsequently, alter native plant communities by out-competing for resources such as light, nutrients, water and space, killing native species, or otherwise adversely affecting natural ecosystems. Invasive exotic plants are those plants recognized on the Florida Noxious Weed and Invasive Plants List (F.A.C. SB-57.007) or listed on the Atlantic Beach Prohibited Species List. Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass, and ground cover; landscape water features; and nonliving durable material commonly used in landscaping, including rocks, pebbles, sand, and brick pavers, but excluding impervious surfaces (pavement). Legacy Tree shall mean a tree that is of the most desirable species in Atlantic Beach, and is of a size substantial enough to warrant an additional layer of protection. A permit is required any time a Legacy Tree is removed in Atlantic Beach. Mitigation shall be the same rate for Legacy Trees as it is for other protected trees. Mitigation shall mean prorated payment for trees removed, either in terms of replacement trees (newly planted or relocated), or altematively, deposit of a cash equivalent value in the tree conservation trust fund. Native shall mean a plant species occurring within the city boundaries prior to European contact according to the best available scientific and historical documentation. More specifically, it includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape. Naturalized exotic shall mean an exotic species that sustains itself outside cultivation. Nondevelopment activity shall mean any alteration of the natural environment which does not require development plan approval or issuance of a building permit, but which would include the proposed removal or destruction of any trees or vegetation regulated by this chapter. Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody vegetation, on public or private property which is endangering or which in any way may endanger the public health, safety, security or usefulness of any public street, public utility line or sidewalk; also, any tree, shrub, bush, grass or ground cover, or other woody vegetation with an infectious disease or insect problem. Offsite shall mean any location outside the boundaries of the project site. Onsite shall mean any location within the boundaries of the project site. Person shall mean any landowner, lessee, building contractor, developer or other entity involved in the use of real property, including agents, employees, independent contractors, whether persons, firms, associations, corporations, partnerships, joint ventures, estates, trusts, business trusts, syndicates, fiduciaries, govemmental bodies, agencies or officials. ORDINANCE NO. 95-15-109 Page 5 ofl8 AGENDA ITEM #7A MAY 11,2015 Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any damage, abnormal growth or mortality of any tree, shrub, bush, grass or ground cover, or woody vegetation. Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in order to increase usefulness, beauty and vigor. Pruning standard shall mean the following: American National Standard Institute, Standard for Tree Care Operations-Tree, Shrub and Other Woody Plant Maintenance-Standard Practices (ANSI A300, current edition); American National Standard Institute, Safety Standards for Tree Care Operators (ANSI Zl33.1, current edition); National Arborist Association Pruning Standards for Shade Trees (current edition). Qualified professional shall mean a person who possesses, in addition to skill, a special registration, certification, or knowledge which is obtained by formal education and training, and which is inherently or legally necessary to render him or her capable, competent, and eligible to perform the particular responsibilities called for. Regulated tree shall mean any tree as follows: ( 1) Private regulated tree shall mean any tree on private property, except those species listed on the Florida Noxious V/eed and Invasive Plant List (current edition) Atlantic Beach Prohibited Species List, meeting the following conditions: a. A DBH of six ( 6) inches or more on residentially zoned property that will be removed two (2) years prior to or two (2) years subsequent to construction valued at over $10,000 dollars , and located vlithin the exterior zone of said private property; h. Trees defined as Legacy Trees by this chapter h. A DBH of twenty (20) inches or more, and located vlithin the interior zone of said private property, if zoned residential; or c. A DBH of ten (1 0) inches or more, and located within the interior zone of said private property, if zoned nonresidential. (2) Public regulated tree shall mean any tree on public property, except those species listed on the Florida Noxious Weed and Invasive Plant List (current edition) Atlantic Beach Prohibited Species List, meeting the following conditions: a. A DBH of six (6) inches or more, and located vlithin the exterior zone of said public property; or h. A DBH of ten (10) inches or more, and located '.Vithin the interior zone of said public property. (3) Heritage tree shall mean any tree determined by the city commission to be of unique or intrinsic value due to its age, size, species and/or cultural, ecological or historical significance or some other contribution to the city's character, specifically including all Cypress, Live Oak and Magnolia trees with a DBH of thirty (30) inches or greater and in good condition, as determined by a recognized knowledgeable person or qualified professional; also, any tree designated as a Florida State Champion, United States ORDINANCE NO. 95-15-109 Page 6 of 18 AGENDA ITEM #7A MAY 11,2015 Champion, or World Champion by the American Forestry Association. Heritage trees may be located within parks, on street yards, or other public property. On private property, heritage trees are voluntarily nominated by the property owner. The city administrator shall keep a record of all heritage trees so designated and their location. Regulated vegetation shall mean vegetation located within any area designated as an "environmentally sensitive area, 11 as defined by the city of Atlantic Beach Comprehensive Plan including, but not limited to, all wetlands, all beach and dune areas seaward of the coastal construction control line, and all areas designated as conservation on the future land use map. Shade tree shall mean any self-supporting woody plant of a species that is generally well- shaped, well-branched, and well-foliated which normally grows to a minimum average height of at least thirty-five (35) feet with a minimum average mature crown spread of at least thirty (30) feet, and which is commonly accepted by local horticultural and arboricultural professionals as a species which can be expected to survive for at least fifteen (15) years in a healthy and vigorous growing condition over a wide range of environmental conditions. Shrub shall mean a self-supporting woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature and habit of branching from the base. Site shall mean the total area within the property boundaries of a principal parcel to be developed, or contiguous parcels intended for development under a common scheme or plan. Stop work order, as used in this chapter, shall mean an order from the designated administrative official to immediately halt all vegetation and tree removal, any form of site or soil disturbance, or other activity with potential to impact trees or vegetation regulated by this chapter. Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting property, including but not limited to alley, avenue, drive, lane, place, road, street, terrace, way, or other means of ingress or egress, regardless of the term used to describe it. Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a trunk DBH of at least three (3) inches or more and which normally attains an overall height of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. Trees shall be classified as follows: (1) Large: Having an average mature height of fifty (50) feet or more. (2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty (50) feet. (3) Small: Having an average mature height of at least fifteen (15) feet but less than thirty (30) feet. Tree conservation trust fund (tree fund) shall mean an account established by the city to provide an opportunity to make equivalent value cash payment to the city in lieu of providing the required landscape or tree stock on a site. Tree protection plan shall mean the plan required pursuant to this chapter, identifying and showing the location, type, size and health of existing trees, stating the ultimate disposition of the ORDINANCE NO. 95-15-109 Page 7 of 18 AGENDA ITEM #7A MAY 11,2015 trees, showing the type, size and location of any trees to be planted and setting forth measures to protect trees before, during and after construction. Tree protection zone shall mean the area located around the perimeter of the dripline of a tree in which no activity such as clearing, filling, excavating, storage of materials, parking of vehicles, or any other activity that in the opinion of the administrator may damage the tree. At the discretion of the administrator, the tree protection zone may be reduced for trees located on smaller lots in order to reasonably protect the tree and facilitate construction on the development parcel. Tree removal shall mean any act that physically removes the tree or its roots from the earth or causes a tree to die including, but not limited to, changing the natural grade above or below the root system or around the trunk or improper pruning where the natural form of the tree is permanently changed and results in tree death or decline. Tree or vegetation removal permit shall mean the written authorization issued by the city to proceed with vegetation or tree removal in accordance with the provisions of this chapter, which may include mitigation requirements and other terms and conditions as needed to create consistency with this chapter. The terms permit, tree permit, vegetation removal permit or tree removal permit may be used interchangeably as appropriate to the context. Tree technical manual (TTM) shall mean a manual, developed and maintained by the city, pursuant to this chapter, which contains the standards and specifications for sound arboricultural practices, techniques and procedures to be practiced within the city. Underbrushing shall mean the removal ofunderstory vegetation, either by hand or with the use of equipment, which neither disturbs the soil nor causes the destruction of any tree. Understory vegetation shall mean assemblages of natural low-level woody, herbaceous, and ground cover species not normally considered to be trees which exist in the area below the canopy of the trees, including any tree that is less than three (3) inches DBH. Vegetation shall mean any plant material including, but not limited to, trees, shrubs, vines, herbs and grasses, including marsh grasses and any coastal dune vegetation. Vegetation inventory shall mean a scaled drawing which delineates the location and common and/or scientific name of vegetation upon a parcel of land, including trees greater than three (3) inches DBH and palms with an overall height of more than eight (8) feet. If necessary, a survey or other professionally prepared document, certified as appropriate, may be required as part of the vegetation inventory. Viable shall mean having the capacity to live and develop. Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other land development regulations contained within City Code, when it is demonstrated that compliance with such provision(s) would be umeasonable, in conflict with the public interest, or a practical impossibility. A waiver from the land development regulations may be approved by the city commission upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of the chapter. ORDINANCE NO. 95-15-109 Page 8 of 18 AGENDA ITEM #7A MAY 11,2015 Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd out a desired plant. Sec. 23-21.-Permits required by this chapter. Unless specifically exempted within following section 23-22, permits are required for removal of trees on all lands and in connection with all development, construction or clearing activities within the City of Atlantic Beach, which shall include the following: (1) New development on any previously undeveloped lands, or redevelopment on any vacant land where structures may have been fully or partially cleared. (2) Major development on all existing developed sites having any structure or vehicle use areas where additions, renovations, upgrades or site changes are intended or anticipated within a eRe two-year period of time when any such activity is valued at ten thousand dollars ($10,000.00) or more. Where value is in question, determination shall be made by the building official. (3) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, regardless of whether any future development is intended or anticipated; it being the intent of the city that no parcel, site or lands be indiscriminately or unnecessarily cleared of regulated trees and regulated vegetation unless mitigation or replacement as required by this chapter is provided. ffi Removal of any tree on the Atlantic Beach Legacy Tree List. Sec. 23-22.-Exemptions from the requirement for a permit. The following activities shall be exempt from the requirements to apply for and receive a tree or vegetation removal permit, except that none of these exemptions shall be construed to apply to any coastal dune vegetation seaward of the coastal construction control line or to heritage trees. Such vegetation and trees shall be fully subject to the provisions of this chapter and any state permitting requirements applying to the coastal zone. All other development activity as described in preceding section 23-21 involving the removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit. The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption. The administrator may require consultation with or documentation from a certified arborist or other qualified professional to verify certain conditions. (1) No development activity or minor development activity on previously developed sites. Minor development activity involves any new construction, exterior additions, renovations or upgrades that are valued at less than ten thousand dollars ($1 0,000.00.) For the purpose of determining whether this exemption does or does not apply, the administrator shall consider the cumulative valuation of all permits issued six (6) months two (2) years prior and six (6) months two (2) years subsequent to the tree ORDINANCE NO. 95-15-109 Page 9 of 18 AGENDA ITEM #7A MAY 11,2015 removal. If such permits collectively exceed the stated threshold, an after-the-fact permit and mitigation shall be required. (2) Emergency situation. The removal of trees destroyed or severely damaged during or immediately following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other act of nature) shall be granted an exemption when the administrator determines that permitting requirements will hamper private or public work to restore order to the city. (3) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and general welfare shall be granted an exemption upon inspection and determination by the administrator that immediate removal without delay is required. ( 4) Diseased or pest-infested trees. the removal of diseased or pest-infested trees shall be granted an exemption upon inspection and determination by the administrator that removal is needed for the purpose of preventing the spread of disease or pests. (5) Noxious invasive trees. The removal of invasive or nuisance trees, as currently listed by the Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC), The Atlantic Beach Prohibited Species List, or some other recognized authority, shall be granted an exemption upon inspection and verification by the administrator. (6) Utility operations. The pruning and/or removal of trees or understory vegetation by duly authorized communication, water, sewer, electrical or other utility companies or federal, state, county or city agencies, or engineers or surveyors working under a contract with such utility companies or agencies, shall be exempt, provided the removal is limited to those areas necessary for the maintenance of existing lines or facilities or for the construction of new lines or facilities in furtherance of providing utility service to its customers, and provided further that the activity is conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not greater than that specified by the National Electrical Safety Codes as necessary to achieve safe electrical clearances. Notwithstanding this exemption, any such entity shall provide adequate prior notice to the city before commencing such work. (7) Surveyors/engineers. The pruning of trees and/or removal or understory vegetation by a Florida-licensed land surveyor or engineer in order to provide physical access or view necessary to conduct a survey or site examination for the performance of professional duties related to land surveying, soil percolation and/or soil bore tests shall be exempt provided that such alteration is limited to a swath of ten (1 0) feet or less in width. However, land clearing for surveys shall not auth01ize the removal of regulated trees or regulated vegetation. (8) City crews. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within public rights-of-way, within any utility or drainage easements or within the illumination areas of street lights, and other public lands as may be necessary, and shall not be subject to mitigation assessment. The city shall not have the ORDINANCE NO. 95-15-109 Page 10 of 18 AGENDA ITEM #7 A MAY 11,2015 responsibility to maintain, prune or remove any damaged, dead or diseased trees on any private property within the city. Sec. 23-26. -Fees. (a) Application fees. The city commission hereby establishes the following fees related to the administrative costs of carrying out the requirements of this chapter. These fees shall be payable to the city at any time an application is submitted for approval, amendment, or extension of a permit required by this chapter, or when a final action or decision by the administrator is appealed. Applications for tree and vegetation removal related requests shall not be considered as complete applications until such time as required fees have been paid in full. (1) Tree and vegetation removal permit application. The tree and vegetation removal permit application fee shall cover the processing and review of the application as well as one (1) initial inspection, one (1) protective barricade inspection, one (1) final inspection and one (1) maintenance inspection per year. Any additional inspections required due to inadequate site preparation or reports of violation of the provisions of this chapter will be charged a reinspection fee as provided below: a. Single-or two-family residential uses (per lot) ..... $ 125.00 b. Single removal of Legacy Tree ..... $25 c. Multifamily residential uses ..... 250.00 d. Commercial or industrial uses ..... 250.00 e. Institutional and any other uses ..... 250.00 (2) Minor amendments ..... 50.00 (3) Extensions ..... 50.00 (4) Appeals ..... 125.00 (b) Reinspection fees ...... 50.00 (c) Research or extensive time fees (per hour) ...... 50.00 Sec. 23-33.-Mitigation to be assessed. (a) Mitigation required. Unless mitigation in the form of payment into the tree conservation trust fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement, relocation or preservation shall be required to offset any impacts resulting from the removal of regulated trees as a condition of the tree or vegetation removal permit. Replacement or relocation shall be the preferred methods of mitigation. (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): ORDINANCE NO. 95-15-109 Page 11 of18 TABLE 1. STANDARD MITIGATION ASSESSMENT AGENDA ITEM #7A MAY 11,2015 CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE Private parcels --·--------- Public parcels r-------------- Historic corridor -------------------r-- Interior 1 1 Protected Exterior 1:2 --r-----!4 -~----!-~------1-: 1---------l I -----------l- --1 2:1 ---~I_ ~--_hl Heritage 1:1 2:1 3:1 3:1 3:1 (c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation. (d) Tree preservation. Existing onsite trees that are three (3) inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if preserved onsite. (e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater and that would otherwise be removed from the site because of development may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if relocated onsite. (f) Tree replacement. (1) Replacement size. New replacement trees shall be a minimum of the same quality of "Florida Number One", as defined in the most current edition of the Grades and Standards for Nursery Plants, published by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry. a. Oaks shall have a minimum four-inch caliper and twelve-foot height at time of installation. b. All other new replacement trees shall have a minimum two-inch caliper and ten- foot height at time of installation. c. Palms shall have a minimum clear trunk height of eight (8) feet at time of installation. d. New replacement shade trees shall be of a species typically yielding an average mature crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen from the Atlantic Beach Recommended Species List, maintained and ORDINANCE NO. 95-15-109 Page 12 of18 AGENDA ITEM #7A MAY 11,2015 published by the city. Upon approval of the administrator, alternate species not appearing on the recommended list may be utilized, but in no case shall trees from the Atlantic Beach Prohibited Species List, also maintained and published by the city, be utilized for mitigation credit. e. In the event that a property cannot reasonably accommodate required mitigation on site, the property owner can get replacement credit for planting trees on an immediately adjacent neighbor's property. This shall only be done as an alternative to payment into the tree fund when it can be proven that a site cannot fit required replacement plantings. A signed letter from the neighbor shall be attached with the tree permit application. f. Atlantic Beach Recommended Species List: replacement trees shall selected from the following list. This list was created based on hardiness, disease and pest resistance, availability, and size variance. No mitigation credit will be approved for trees that are not on this list, unless approved by the administrator. Common Name Ash, Green Ash, Water CITY OF ATLANTIC BEACH RECOMENDED TREE LIST Botanical Name Fraxinus pennsylvanica Fraxinus caroliniana i----------------------------·------------- Bay, Loblolly Cedar, Southern Red Cypress, Bald r -------. ---.---------·--l Cypress, Pond Elm, American Elm, Florida Elm, Lacebark Hickory, Water Loquat, Japanese Plum Magnolia, Southern Magnolia, Sweetbay -----------·----~--------------------·-------- Maple, Florida Taxodium ascendens Ulmus americana Ulmus american floridana Carya aquatica --------·------------·------------------- Eriobotrya japonica ------------------------------------ ORDINANCE NO. 95-15-109 Page 13 of18 Magnolia grandiflora _j I ' ' ,-- r------- Maple, Red Oak, Live Oak, Shumard Red Oak, Swamp Chesnut -----------~·-·----------~----------·---- Pine, Loblolly Pine, Long-leaf Pine, Slash Sugarberry Sweet gum Sycamore Tupelo Palm, Cabbage Quercus shumardii Quercus michauxii -----------------· ------- Pinus taeda Pinus palustris •-'-. ---- Pinus elliottii Celtis laevigata Liquidambar styraciflua Platanus occidentalis Nyssa sylvatica Botanical Name Sabal palmetto Palm, Canary Island Date Phoenix canariensis --=---=--=---~-=--=---=---=---~---=-=---=---:=.:---==-----------------·-----+------------------------- Palm, Pindo Palm, Sylvester Date Palm Palm, Washington Common Name Butia capitata Phoenix sylvestris Washingtonia robusta Cedar, Red Crape Myrtle Lagerstroemia indica Elm, Winged Holly, American ----------------, ___ ---------- Holly, Dahoon -·-------·----------------- Holly, East Palatka Holly, Yaupon ORDINANCE NO. 95-15-109 Page 14 of18 Ulmus alata Ilex opaca Hex cassine Ilex attenuata Ilex vomitoria AGENDA ITEM #7A MAY 11,2015 Oak, Sand Live Oleander Podocarpus, Yew Privet, Glossy Privet, Japanese Redbud Wax Myrtle (2) Selection criteria. [ ------Quercus myrtifolia r--r--- ·r- J Quercus geminata Nerium oleander -T --~-~=-~~~-_---ii;is~~ l~cidum l Ligustrum japonicum -----r ~~~-~=-=~=-=--Cercis canadensis --~--_j _______ ~_ AGENDA ITEM #7 A MAY 11,2015 a. New oaks shall be used to replace removed oaks. Replacement credit for oaks shall be limited to the species listed on the Atlantic Beach Recommended Species List. Upon approval of the administrator, hardwood species yielding similar canopy may be used to mitigate removed oaks. b. New palms may be used only to replace removed palms. Upon approval of the administrator, a cluster of three (3) palms, subject to the other conditions of this section, may be used to meet the requirements of a single shade tree. New palms may be used as replacement trees when replacing species other than palms, Replacement credit for palms shall be limited to forty ( 40) inches or 50% of required mitigation, whichever is lesser. Replacement credit for palms shall be limited to the species listed on the Atlantic Beach Recommended Species List. Upon approval of the administrator, a cluster of three (3) palms, subject to the other conditions of this section, may be used to meet the requirements of a single shade tree. c. When a Legacy Tree is removed, replacement credit shall only be given for the planting of a species that is on the Legacy Tree List. This shall not be limited to the exact same species, nor shall the new tree have to meet the size requirements of an established Legacy Tree. When a Legacy Tree is removed, at least 25% of mitigation shall be provided on site in the form of replacement. Incentive credit shall be granted for the use of Legacy Trees when replacing protected trees that are not on the Legacy Tree lost. The incentive credit is equal to two times the normal replacement credit. The following species are Legacy Trees: (1). Bald Cypress (Taxodium distichum) twenty (20) inches in diameter or greater. (2). Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar) twenty (20) inches in diameter or greater ORDINANCE NO. 95-15-109 Page 15 of18 AGENDA ITEM #7A MAY 11,2015 (3.) Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm), twenty (20) inches in diameter or greater. (4).0ak (Quercus virginiana) (Live Oak) twenty (20) inches in diameter or greater and (Quercus geminata) (Sand Live Oak) eight (8) inches in diameter or greater. (5).Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut Hickory) twenty (20) inches in dimater or greater. (6). Loblolly bay (Gordania lasianthus) twenty (20) inches in diameter or greater. (7). Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay Magnolia) twenty (20) inches in dimater or greater. (8). Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple) twenty GQl inches in diameter or greater. (9). Tupelo (Nyssa sylvatica) twenty (20) inches in diameter or greater. Sec. 23-35. -Elimination ofundesirable species. a. The natural vegetative communities existing within the city shall be protected by the control and elimination of non-native invasive species. To that end, the following guidelines shall apply: (1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for mitigation credit. (2) Removal of nonnative invasive species from nonresidential properties (excluding jurisdictional wetlands), shall be completed, whenever practicable, as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3) Procedures for the control and elimination of non-native invasive species shall in no way promote the proliferation of the species through the dispersal of seed or other means. ( 4) Procedures for the control and elimination of non-native invasive species shall in no way harm or cause the decline of desirable species that are to be preserved, planted or relocated. b. Atlantic Beach Prohibited Species List. The following species or sub-species of trees are not protected trees under this chapter, and are exempt from mitigation. The trees on this list shall not be accepted for replacement or relocation credit. Australian pine ------~· ---- .Australian pine thicket -~------,~--~------------------------ : casuarina cunninghamiana I ---·--~, ------------------·------------- I casuarina glauca ---_!_ ___________ ~------------ ORDINANCE NO. 95-15-109 Page 16 of 18 Bischofia ·Brazilian pepper Camphor tree · Catclaw mimosa Chinese wisteria ~------·-------------------------------- 'Climbing cassia • Ear leaf acacia r------------------------- Golden Raintree r ---------- .Guava Jambolan r---·------- Laurel fig r-··-·----·----------. - Lead tree Melaleuca tree ~ ----~~~----~-- 1 bischo{ia javanica ----~;;hf~ust~r~bt~thf(oli~; - l r~i~~;~~~um camph-ora r.;;.~~~; ;a;~li~l~na---- -----~fc-~;~~~o;~i~ ~--;;~;ardi-~ides - i -----------------------,--------------------·-··· -- 1 ricinus communis r : -----. 1 mzmosa pzgra ----------Jmelf~-~~d~-,:;;---- ____ --m-u-··-r;-::;;:~~~-~-bffeu;-;;~ -• ••• • .. -----------1-;i;te~-.;~~~~~;---------- ----------~~e~~;;p--;;;a~!~-- ________ . --l~~~-i~-~~-;i~~lifo·;~--- . fk-;;el~~(~;t:z-;~i~-;l~ta - ------,~~tdi~~-g;~~~~-- ------l~~--;;~~~i~t --u • u n n n n ---Tfi~;--:s-~--;;;~~~-;;;;;-u-n ------Tt~;~;~~~;hal; . ··--------~-------------------------------- 1 melaleuca quinquenervia ,---------------------------------------------------------------_____ j____ ____ ~-------------------~-----------I albizia julibrissin Orchid tree Schefflera 1 Seaside mahoe r ----~--------~------------- :Shoe button ardesia r-··--- • Strawberry guava ~-----------------------------------------~ ------ ,Woman's tongue -------TIJ~~hf~~;~~g~~~ ---n ••-------------~~~/z--;uz;;~-~di~;phyll~ n U -------------r--------------------------------- 1 thespesia populnea .. -------1 ~;df--;i--; ~llfpti;~ ----------r;;tai~~-c-;;t!!~~~;;; - ----J~~~z'~~~~~b~~~:~~ . --------- ORDINANCE NO. 95-15-109 Page 17 of18 AGENDA ITEM #7 A MAY 11,20i5 AGENDA ITEM #7A MAY 11,2015 SECTION 2. Conflict. If any portion of this ord~nance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 27th day of April 2015. PASS ED by the City Commission on second and final reading this 11th day of May 2015. ATTEST: DONNA L. BARTLE City Clerk CAROLYN WOODS Mayor, Presiding Officer Approved as to form and correctness: RICHARD KOMANDO City Attorney ORDINANCE NO. 95-15-109 Page 18 of 18 ORDINANCE NO. 5-15-62 AN ORDINANCfi: OF THE CITY OF ATLANTIC tn:ACH, FLORIDA, AMENDING CHAPTER 14, ARTICLE II, ~mCTIONS 14-17 AND 14-23 OF Tl-Ht CODE (W ORDINANCES, ADDING TWO APPOINTICD ALTERNATE MEMBERS TO THE COMMUNITY DEVELOPMENT BOARD; PROVIDING FOR CONii'LICT; PROVIDING FOR SRVI~RABILITY; AND I,ROVIDING AN IWFECTIVE DATK AGENDA ITEM # 7B MAY 11,2015 \~1 HERI~AS, the City Commission of the City of Atlantic Beach, Florida. desires to amend Chapter 14, Article II, Sections 14-17 and 14-23 of the Atlantic Beach Code nl' Ordinances in order to allow increased citizen participation on the City's Community Development Board; and WHEIUCAS, the City Commission of the City of Atlantic Beach, Florida, Jlnds that the adoption of this ordinance is in the best interest or Atlnntic Beach, Florida anti its citizens. NOW THEREFORI£, BJ!: IT ENAC'I'ED BY THE CITY COMMISSION ON BEHALF OF TilE: PEOPLE OF Tim CITY OF ATLANTIC BEACH, FLOfU()A: SECTION t. Adoption and LnCO!EOratiOlLQ[J~ccitals. The City Commission of the City of i\tlantic Beach. florida adopts the recitals outlined above and incorporates them herein as u part orthis ordinance. SECTION 2. ~:_gclg bJ119J1dcq. The City Commission of the City of Atlantic Beach, Florida hereby amends the Code of Ordinances of the City of Atlantic Beach, Florida ns fi.1llows: Sec. 14-l 7. -Composi lion; qual ill cations of members; otlicers. The conHmlt1ity development board shall consist of seven (7) members amU!Y.LLJ)) al!~.·nate members appointed by the city commission, none of whom shall hold any other public oftlcc or position in the city, all of' whom shall be bonafide residents of the city, unci where practical, each shall possess some spccinl skill or knowledge which would assist them in the discharge of their responsibilities under this mticle. Alternate members shall be allowed to vote and pm1icipate in CDB business subject to the requirements of this section and when called upon by the Chair to pmticipate in order to ensure a quorum. The community development board shall elect its chailman and vice chairman from among the appointed members. The community development director shall act as secretary to the board under the direction of the city manager. AGENDA ITEM #7B MAY 11,2015 SECTION 3. Conflict. If any pot1ion of this ordinance is in conflict with any po11ion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this __ day of ______ _ 2015. PASSED AND DULY ADOPTED with a quorum present and voting, by the City Commissioner this __ day of , 2015. ------- ATTEST: DONNA L. BARTLE, City Clerk CAROLYN WOODS, Mayor, Presiding Officer ORDINANCE NO. 33-15-19 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING A NEW CHARTER WHICH AMENDS AND REPEALS ALL FORMER CHARTER PROVISIONS, INCLUDING THE FORM OF GOVERNMENT, POWERS, THE COMMISSION, THE CITY MANAGER, THE CITY CLERK, THE CITY ATTORNEY, PUBLIC SAFETY, BUDGET, FINANCE, ELECTIONS, INITIATIVE AND REFERENDUM, RECALL ELECTIONS, FRANCHISES, TAX ADMINISTRATION, ZONING, MUNICIPAL BORROWING, SUITS AGAINST THE CITY, GENERAL AND MISCELLANEOUS PROVISIONS, WHEN ACT TAKES EFFECT AND PERIODIC REVIEW; SUBMITTING THE NEW CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7C MAY 11,2015 WHEREAS, the City of Atlantic Beach, Florida, after receiving input from its citizens and the Charter Review Committee, finds the proposed amended City Charter as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic Beach for consideration; and WHEREAS, the City of Atlantic Beach appreciates the diligent efforts of the Charter Review Committee comprised of: Don Wolfson, Mark Tomaski, Mike Bomo, Katherine Carithers, Joan Carver, Sally Clemens, Thomas Goodrich, Judith Leroux and David Vincent; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that the adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Charter Proposed. The City Commission of the City of Atlantic Beach, Florida hereby proposes a new and amended City Charter as set forth in Exhibit "A", attached AGENDA ITEM# 7C MAY 11,2015 hereto and incorporated herein by reference, which if approved by the qualified electors of the City, would repeal and replace all f01mer Charter provisions. SECTION 2. Submission of Charter Amendment to Public Referendum. This new and amended Charter of the City of Atlantic Beach, Florida as set forth in the attached Exhibit "A" shall be submitted to public referendum at the next general election held in the City of Atlantic Beach, Florida for approval or disapproval by the qualified electors of the City. SECTION 3. Appearance of Charter Amendment on Ballot. The ballot title to be used m said election shall be as follows: "A PROPOSED CHARTER FOR THE CITY OF ATLANTIC BEACH, FLORIDA." The explanatory statement shall be as follows: "Based upon the recommendations of the Atlantic Beach Charter Review Committee and the City Commission, a new and amended Charter is being proposed for the City." Below the explanatory statement shall appear the following question: Shall the above described new and amended Charter be adopted? YES __ _ NO --- SECTION 4. Effective Date. This new and amended Charter of the City of Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed with the Florida Department of State as required by law. PASSED by the City Commission on first reading this 27 day of April, 2015. PASSED with a quorum present and voting, by the City Commission this __ day of ______ ,2015. ATTEST: DONNA L. BARTLE, City Clerk Approved as to form and correctness: RICHARD KOMANDO, City Attorney CAROLYN WOODS, Mayor, Presiding Officer EXIIIOIT A PART I CHARTER A G ENDA IT EM 11 7C MAY l1,2 015 A NEW CHARTER FOR THE C ITY OF ATLANTIC BEACH , IN DUVAL COUNTY. PROVID IN G FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION, POWERS , PRIVILEGES AND IMMUN IT IES , WHICH ABOLISHES THE PRESENT CHARTER OF THE CITY OF ATLANTIC BEACH. ARTICLE I.-INCORPORATION; FORM OF GOVERNMEN T ; POWERS ARTICLE II. -THE COMMISS ION ARTICLE Ill .-THE CITY MANAGER ARTICLE IV. -THE CITY CLERK ARTIC LE V . -C ITY ATTORNEY ARTICLE VI.-DEPARTMENT OF PUBLIC SAFETY ARTICLE VII . -BUDGET ARTIC LE VIII . -DEPARTMENT OF FINANCE ARTICLE IX.-ELECTIONS ARTICLE X. -INITIATIVE AND REFERENDUM ARTICLE XI. -RECALL ELECTIONS ARTICLE XII .-FRANCH ISES ARTICLE XIII.-TAX ADM INI STRAT IO N ARTICLE XIV.-ZONING ARTICLE XV.-MUNI C IPAL BORROWIN G ARTICLE XVI.-S UI TS AGA IN ST THE CITY ARTICLE XVII. -GENERAL AND MISCELLANEOUS PROVIS IONS j ARTICLE XVIII.-WHEN ACT TAKES EFFECT f\N[J PLUODit I 1 [ vi W Words stricken are de letions; words underlined ar e additions. Pa ge 1 of 23 ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS AGENDA ITEM # 7C MAY 11 ,20 15 Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter established. Sec. 2 . Reaffirmation of the incorporation of City of Atlantic Beach . Sec. 3. Form of government. Sec. 4 . General powers. Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter established. The present Charter of the City of Atlantic Beach in Duval County, Florida , is hereby abolished ; and the new Charter, as hereinafter set forth , is hereby established . Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach. The establishment of a municipal corporation, known and designated as the City of Atlantic Beach, organized and constituted in the County of Duval and State of Florida , by an act of the Florida Legislature in 1957, is hereby reaffirmed and its territorial boundaries are as follows : Beginning at a point on the beach of the Atlantic Ocean which is the intersection of th e low water mark line of said Atlantic Ocean and an easterly prolongation of the southerly boundary line of Kathryn Abby Hanna Park; running thence westerly a lo ng the southerly boundary line of sa id Kathryn Abby Hanna Park to the easterly right- of-way line of Old Sherry Drive (County Road No . 551 ); running thence southerly along said easterly right-of-way lin e of Old Sherry Drive (County Road No. 551) to the north boundary line of fractional Section 5 , Township 2 South, Range 29 East; running thence westerly along the northerly boundary line of said Fractional Section 5 in said Township and Range, to the eastern right-of-way line of Mayport Road (State Road A-1-A); running thence southerly along the easterly right-of-way line of said Mayport Road to the north boundary line of Government Lot 15 of Section 8 ; running thence easterly along the north boundary line of said Government Lot 15 to the northwest corner of the east one-half of said Government Lot 15; running thence southerly along the west boundary lin e of the east one-half of said Government Lot 15 to the north boundary line of Sections 17 and 18 in said Township and Range; running thence westerly along said north boundary line and the north boundary line of Section 40 to a point at the center line of the Intracoastal Waterway; running thence southerly along said centerline of the Intracoastal Waterway to the intersection of said center line with a line sixteen (16) feet northerly of, measured at right angles from and parallel to the centerline of Atlantic Boulevard; running thence easterly alon g said parallel line and a prolongation of same to the point of intersection of said prolongation with the low water mark of the Atlantic Ocean; and running thence northerly along said low water mark of the Atlantic Ocean to the point or pla ce of beginning; excepting from the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by ~ 1u , • rtr1 I 11 ntu EJecu It Count ry Club as described in deed recorded in Volume 652 , page 484, Official Records of Duval County; and jurisdiction of the waters of the Atlantic Ocean two miles from the low water mark between the north and south lines of said city as above described, projected easterly two miles ; and police jurisdiction Words stricken are deletions; words underlined are additions. Page 2 of 23 AGENDA ITEM# 7C MAY 11,2015 for traffic control purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as hereinbefore described, over said Mayport Road from the city limits as above described, northerly to the northern boundary line of said Fractional Section 5; provided, however, that the city council of the City of Jacksonville, Florida, acting in its capacity as the governing body of Duval County, Florida, is hereby authorized to construct and maintain any and all streets, roads, or highways that have at any time heretofore, been adopted as county roads by the board of county commissioners of Duval County, Florida, as it may deem necessary and proper for the benefit of the public. Sec. 3. Form of government. The municipal government provided by this Charter shall be known as "Commission-Manager Government." Subject only to the limitations imposed by the Constitution and laws of this state and by this Charter, all powers of the city shall be vested in an elective commission, hereinafter referred to as "the city commission." Sec. 4. General powers. The city shall have all powers, governmental, corporate and proprietary, in accordance with and including the provisions of F.S. Chapter 166, enabling it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes; which powers shall be limited only by the Federal Constitution, State Constitution, general and special law and any specific limitation in this Charter. The enumeration of particular powers shall not be deemed as necessary as it is intended that the city shall have and exercise all powers which it would be competent for this Charter specifically to enumerate, including all extraterritorial powers and jurisdiction previously granted by Chapter 57-1126, Laws of Florida as amended, or by any special or general law. The absence of such enumeration shall not be construed as limiting; indeed, it shall be construed liberally in favor of the city. ARTICLE II. THE COMMISSION Sec. 5. Number of commissioners; selection; term. Sec. 6. Qualifications and disqualifications. Sec. 7. Salary. Sec. 8. Presiding officer: Mayor. Sec. 9. Powers. Sec. 1 0. Appointment of city manager. Sec. 11. Appointment of deputy city manager or deputy city clerk. Sec. 12. Vacancies in the city commission. Sec. 13. Creation of new departments or offices; change of duties. Sec. 14. Induction of city commission into office; meetings of the city commission. Sec. 15. City commission to be judge of qualifications of its members. Sec. 16. Rules of procedure; journal of minutes. Sec. 17. Ordinances. Sec. 18. Procedure for passage of ordinances and resolutions. Sec. 19. Independent annual audit. Words stricken are deletions; words underlined are additions. Page 3 of 23 Sec . 20. Right of city manager and other officers in city commission . Sec. 5. Number of commissioners; selection; term. A GENOA ITEM II 7C Mi\ VII, 2Q I5 The city commission shall consist of five (5) electors of the City of Atlantic Beach who have the qualifications as defined in section 6 of this Charter, elected at large without regard for any designation of political party affiliation. The seats shall be known as seats 1 through 5 respectively , and seat 1 shall be designed as the mayor- commissioner. Seats 2 through 5 shall be designated as district commissioners , with each commissioner required to reside within the district from which he or she is elected. The four (4) districts shall be created using the precinct lin es existing as of November, 2007, as a beginning point, shall be established by ordinance, shall be as equal in population as possible , and to the exte nt possible shall maintain the integrity of neighborhoods and communities of interest. The mayor-commissioner shall be elected for two-year terms and the terms for seats 2 through 5 shall each be four years . Effective with the municipal election in October, 1993, anyone elected or appointed to the office of mayor-commissioner shall not serve more than four (4) consecutive two- year terms; and any elected or appointed to co mm ission seats 2 through 5 shall not serve more than two (2) consecutive four-year terms. Serving any part of a term shall be considered a full term. Nothing contained herei n shall prevent anyone who has served as a city commissioner from being appointed or elected to the position of mayor- commissioner and then serving in that capacity four (4) consecutive two-year terms. Sec. 6. Qualifications and disqualifications. Members of the city commission shall have been full-time residents of the city for at leas t c fl -• 1~L '/t. ;. r , immediately prior to qualifying. They shall be electors in the city. Full -time residency shal l be defined as the person's principal place of abode during the year. Members of the city commission shall not hold any other elective office . Any member of the city commission ceasing to possess the foregoing qualifications or who shall have been convicted of a crime punishable by more than one (1) year of imprisonme nt or a crime involving moral turpitude , shall forfeit the seat prior to the next meeting of the city commission. Absence from four co nsecutive regular meetings of the city commission shall operate to vacate the seat of a member, unless the member's absence is excused by the city commission by a re solution setting forth the fact of such excuse duly e ntered upon the minutes. Sec. 7. Salary. The sa lary of the members of the city comm ission shall be set by ordinance. Sec. 8. Presiding officer: Mayor. The mayor-commissioner shall preside at all meetings of the city commission and s hall be recognized as head of the city government fo r all ceremonia l purposes and by the governor for all purposes of mi litary law. When directed to do so by the city commission the mayor-commissioner shall execute all instrum e nts to which th e city is a party, unless otherwise provided by the Charter or by ordinance . The mayor- commiss ioner shall have no regular administrative duties except as authorized in this Charter but may appoint, from time to time, such special or se lect committees as in his Words stricken are deletions; words und er lined are additions . Page 4 of 23 AGENDA ITEIV1 fi7C MAY 11 ,201 5 or h er discretion he 01 .§.he deems desirable~r~ay-be-Efefife~ y #:!e-Gity GGfRm4ssien, to expedite the handling of the business and affairs of the city. Other m embers of tile city commi ssio 11 rn uy on occasion appoint special or se lect cor nmittees w it h th e approval of a majority of the commissiou. In the temporary absence or disability of the mayor-commis sioner, all duties of the mayor-commissioner shall be performed by I the mayor pro tempore-wRa-64all lle appalrttetf-by the cit ~Oil1flltSSiou-f..f,m-itl':. mer1:tW6. Sec. 9. Powers. Except as may be otherwise provided i n this Charter, all powe rs of the c ity and the determination of all matters of policy shall be vested in the city commission . Without limitation of the foregoing , the city commission shall have power to : ( 1 ) Adopt a budget; (2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness; (3) Establish Q! IJtLii~l official boards and elect the members thereof as recommended by the mayor; (4) Adopt and modify the official map of the city; (5) Regu late and restrict the height, number of stories, and size of buildings and other stru ctures, the perce ntage of a lot that may be occupied , th e size of yards, courts , and other open spaces, the density of population, and the lo cation and use of buildings, structures, and land and wate r for trade, industry, residence or oth e r purposes; (6) Provide for an independent audit; (7) Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof; provided that th e maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1 ,000.00) and imprisonment for a period of time not longer than ni nety (90) days,~. 01' a::. othu tw isc provid ed fnr by rio rid~ Statute:;;; (8) Lease golf courses, hospitals. i!l nd airports (.Jf*' ~. or a ny portion thereof, after the city commission has passed an ordinance authorizing any such lease; (9) Sell golf courses, tmSJ,»t · I,., a ir 1 dr . r N~rf and the public utility system, or any porti on thereof, now owned by the city or hereafter acquired by it after the city c ommission has passed an ordinance th <'t in 'Yhidl (a} there is a f inding that public welfare no longer requires the operation of any such facility. and !h) it·l w' ich 1" ·bt~fl:}(i the terms of sa le g{ ! eal pr qpett,y willlill tltb dty jil11it s e: 1 t stated · and (cl after su c h ordinance has been submitted to the qualifie d voters of the city at an e lection ca ll ed for that purpose ; (1 O)Provide rul es and regulations for all purchases and sales made for and in behalf of the city; (11 )Appoint, remove and fix the compensation of all office rs and employees appointed by the city commission as hereina fter provid ed;~lht"' c•t..Y commts .. ion s lla ll rfCJ I rn a rumnurJ I J rfon nancr r~vi .N A of thr c ity c.f['rk, city manager a ti d c ity a ttor ney; Words stricken are deletions; words underlined are additions. Page 5 of23 AGENDA ITEM # 7C MAY 11 ,2015 (12)Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter. (13) The rn" yor [!rO teiJlpore shall be appointed by the city commission from its members. (14) Provide for the protection and preservation of parks as follow: Any real property owned by the city which is used principally or held out for use as a public park, shall be used only as a pub lic park ; and parl<s sha ll not be sold, leased long term. gifted , changed i n descr iption or use. or otherwise disposed of; and no str ucture sha ll be built in any such park to accommodate activities not customarily associated with park use or outdoor recreation; unless such sale, lease disposal, g ift or structllle is approved by unanimous vote of the eutire cily comrnissio rr . Sec. 10. Appointment of city manager. The city comm ission shall appoint an administrative officer of the city , who shall have the title of city manager, who shall have the powers and perform the duties provided in this Charter and who sha ll be compensated at a rate set by the city commission. No member of the city commission shall receive such appointment during the term for which the person shall have been elected, nor within two years after the expiration of the person's term . In the event the City Manager is_ rt movt;~d or incapacitated and unable to appoint a substitute as required in Sec. [S ection] 24 of this Charter, the city commission shall appoint someone to perform the duties of the city manager. Sec. 11 . Appointment of deputy city manager or deputy city clerk. The city manager and city clerk may rQgue&t , if they deem it necessary, ppeint a deputy city manager and deputy city clerk, respectively , to bl hirl:d ~~ _IDWrov d bv II![ c rty c;omrn i· si JO c.nd who shall be compensated at a rate set by the city commission . Sec. 12. Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall e lect, within fifteen (15) days of the vacancy , by the affirmative votes of not less than three members, an eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the ne xt general e lection . Sec. 13. Creation of new departments or offices; change of duties. The city comm ission, by ordinance , may create, change or abolish offices, departments, authorities or agencies. The city commission may, by ordinance, assign additiona l functions or duties to the offices , departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. Words stricken are deletions; words underlined are additions. Page 6 of 23 Sec. 14. Induction of city commission into office; meetings of the city commission. AG E NDA ITE M # 7C MA VII, 201 5 After each primary election or general election (if needed), the newly elected city commissioners shall assume the duties of office at the regularly scheduled meeting of the city commiss ion held on the second Monday in November provided that the Supervisor of E lections has certified the election results. If the election results for any contested city commission seat cannot be certified prior to the meeting to be held on the second Monday in November, then any newly elected city commissioners shall assume the duties of office at the next regularly scheduled meeting of the city commission following receipt of the certified election results from the Supervisor of Elections . Until the newly elected city commissioners assume the duties of office , the previous sitting city commissioners shall remain in office . All other regular meetings of the city commission shall be fixed by ordinance, but there sha ll not be less than one regu lar meeting each month . Except as provided by Florida's Government -in -the-Sunshine Law (F .S. 286 .011 ), all meetings of the city commission shall be open to the public. Sec. 15. City commission to be judge of qualifications of its members. The city commission sha ll be the judge of the election and the qualifications of its members as set forth in Section 6 of this Charter. For these purposes , the city commission shall have the power to subpoena such witnesses and require the production and presentation of such records as may be deemed necessary. Sec. 16. Rules of procedure; journal of minutes. The City Commission shall determine its own rules and order of business . It shall require ., J '11• I !hrt minutes of its proceedings to be kept 11r1 ;, ''', 1 r l h• minutes shall be open ;~n J r• motr lv ... \lat l bl to tiH public 1 l' r I n f1 a timelv rnanner, lll lll ur h t.mnmon l , 1lecJ r11athocJG . Sec. 17. Ordinances. In addition to such acts of the city commission as are required by statute or by this Charter to be by ordinance, every act of the City Commission establish ing a fine or other penalty, a fee for service , appropriation of funds , the contracting of indebtedness, or the sa le of real property shall be by ordinance . The enacting clause of all ordinances shall be : "BE IT ENACTED BY THE CITY COMMISS ION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH , FLOR IDA." Sec. 18. Procedure for passage of ordinances and resolutions. The minimum procedures for adoption of ordinances and resolutions as set forth in F.S. Section 166.041 shall in its entirety constitute the process for such by the Atlanti c Beach City Commission. Sec. 19. Independent annual audit. At the beginning of each fiscal year the city comm iss ion sha ll designate a certified public accountant or a firm of certi fied public accountants who , as of the end of the fiscal year, sha ll make an independent audit of accounts and other evidences of financial Words stricken are d eletions; words underlin ed are additions. Pag e 7 of 23 AG ENDA ITEM #7C MAY 11 ,2015 transactions of the city government and shall submit a written report to the city commission and to the city manager. Such accountants shall have no personal interests, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of city business, but within specifications approved by the city commission . shall post -audit the books and documents kept by the finance director and any separate or subordinate accounts kept by any other office, department or agency of the city government. Sec. 20. I i At rt II' ' of city manager and other officers in city commission. The city manager, and any such other officers of the city as may be designated by vote of the city commission, shall be required to attend city commission meetings. The city manager shall have the right to take part in the discussion of all matters coming before the city commission , and the other officers shall be entitled to take part in all discussions of the city commission relating to their respective offices, departments, boards, commissions, or agencies . ARTICLE Ill. THE CITY MANAGER Sec. 21 . Appointment. Sec. 22 . Qualifications. Sec. 23. Powers and duties. Sec. 24. Absence of the city manager. Sec. 25. Removal of the city manager. Sec. 26 . City departments. Sec. 27 . Governance of departments. Sec. 21. Appointment. The city manager shall be appointed in accordance with the provisions of Section 10 of this Charter and shall be compensated at a rate set by the city commission . Sec. 22. Qualifications. The city manager shall be chosen by the city commission solely on the basis of administrative qualifications and with special reference to education and experience in and knowledge of accepted practice with respect to the duties of this office as set forth hereinafter and in the city code. Applicants for the position of city manager shall meet the following educational and experience requirements : (1) Possession of at least a baccalaureate degree p~a!2!Y_ in Public Administration or a directly related field from a college or university accredited by a recognized accreditation agency in the United States or from a recognized college or university outside of the United States, which is acceptable to the city commission; and (2) Not less than dll . fivjL(5j years of ?riJ.~lnistratiw experience as a city municipal, r county, 01 s tatE government admini:.,trator :.,erving 111 at lea ,t 11 ass1stant department head or the . uivalent in responsibility; a nd-()hi~ a lnllll~~tr~tivf-4Jr Q. ·•ttlv t HJt;'1f nr-as n-a istaut oro puty oity tnd''~ ~ • (3) A graduate degree acceptable to the city commission may be substituted for not more than one year of the required experience. Words stricl{en are deletions; words underlined are additions. Page 8 of 23 AGENDA ITEM II 7L MAY 11,2015 (4)-+wo..-year&ef-aaaitionai -&JepeJienoo-aG ptal:lle-to the lty-GOIIlm issHlt oay4'Je su1Jstil4:jt d fOr-"Gh year-of edusa~en toward a eassaJaUI ,;t(.l-Qegr eru~o~ 1 t r~iml'm Jf r ~lit A( , , s- At the time of appointment, the new city manager need not be a resident of the city or state, but ~·nil .c tv tc Htu qf , f,tr U!h in • i> (tJ month· h • cit lt 1c.ttat r shall res ide within the city of Atlantic Beach . Sec. 23. Powers and duties. The c ity manager shall be the chief administrative officer and as such, head the administrative branch of the city government. The powers and duties of the city manager shall include but not be limited to : (1) Establish and maintain a line of communication with the city clerk; and (2) Administering and enforcing all enactments of the city commission ; and (3) Preparing and forwarding agenda materials to th e city clerk for every commission meeting; and (4) Preparing the budget annually and submitting it to the city commission , and being responsible for its administration after adoption; and (5) Preparing and submitting to the city commission at the end of each fiscal year, a comp lete report on the finances and administrative activities of the city for the year just completed. Sec. 24. Absence of the city manager. The duties of the city manager during any temporary absence or disability shall be carried out by a deputy city manager, or in the absence of the latter, by another administrative officer of the city designated fu~t by the city manager or __::~oml. by a ! na jo r it y of th c 1ty cornmiC'C' 1011th dupuly J>il y-t l,.., P F. Sec. 25. Removal of the city manager. The city manager shall serve at the pleasure of the city comm1ss1on . The city commission may remove the city manager by the affirmative vote of not less than three (3) of its members. (Ord . No. 28-93-3, § 1, 8-23-93) Sec. 26. City departments. Administrative departments as established by ordinance shall report to and serve under the city manager. Sec. 27. Governance of departments. The c ity manager may head one or more administrative department or select and employ persons qualified in accordance with city personnel practices to supervise, direct and control such departments. ARTICLE IV. THE CITY CLERK Sec. 28. Appointment; duties. Sec. 29. Qualifications. Sec. 30. Removal of the city clerk. Words stricken are deletions; word s underlined are additions. Page 9 of 23 Sec. 28. Appointment; duties. AGE NDA JTI!:M # 7C MAY 11 ,201 5 The city commission shall appoint an executive officer to serve the city commission and to assure that all its enactm ents are effectively carried out. The t itl e of the executive officer shall be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to: (1) Establish and maintain a line of communication with the city manager; and (2) Prepare an agenda for every commission meeting and a permanent record of each such meeting; and (3) Disseminate information as necessary about activities , findings, or decisions of the city commission ; and (4) Provide the city commiss ion with tJ nodi rerx>rtr.informati >n as requested about th fr< A''' nf"' •., 1 r ' Ill ;I r .. ,:,y...~f tha-legi61atr•J•.; programs of the city government; and (5) Serve as supervisor of election for city elections; and (6) Serve as custodian of all city records and the seal of the city ; and (7) Administer oaths; and (8) Conduct such other activities as may be specified by this Charter, the city code or the city commission. Sec. 29. Qualifications. The city c lerk shall be chosen by the city comm1sston solely on the basis of education and experience necessary to carry out the responsibilities of executive officer to the city commission . Applicants for the position of city clerk shall meet the foll owing educational and experience requirements : (1) At least a baccalaureate [lf•.!fer?l'Jy in Business Administration or a related field acceptable to the city commission from a college or university accred ited by a recognized accreditation agency in the United States or from a recognized college or university outside of the United States which is acceptable to the c ity commission ; and (2) Two years of experience in public administration satisfactory to the c ity commission . (3) In lieu of the required baccalaureate degree, the city commission may in its discretion, accept four add itional years of acceptable experience in public administration or a re l ated fie ld of public or private service. (Ord. No. 28-93-3, § 1, 8 -23-93) Sec. 30. Removal of the city clerk. The city clerk shall serve at the pleasure of t he city commission . The city commission may remove the c ity clerk by the affirmative vote of not less than three (3) of its members. ARTICLE V. C ITY ATTORNEY Sec. 31 . Appointment and qualifications. Sec. 32. Powers and duties. Words stri cken are deletions; words underlined are additions. Page 10 of 23 Sec. 31. Appointment and qualifications. AGEN DA ITEM II 7C MAY 11 ,201 5 The city commission shall appoint a city attorney .. wtm h m. v • < I ~ '"'" who shall be an attorney with at least five years of experience in the practice of general, civil or municipal law, admitted in and having authority to practice in all courts of this state , and who shall be compensated at a rate set by the city commission . Sec. 32. Powers and duties. The duties of the city attorney shall include: (1) Acting as the legal advisor to, and attorney and counse lor for, the city and its officers in matters relating to their official duties; and (2) Preparing in writing , all contracts, bonds and other instruments in which the city is concerned and giving an endorsement of approval as to form and correctness; and (3) Prosecuting and defending for and on behalf of the c ity, all civil complaints, suits and controversies in which the city is a party; and (4) Furnishing opinions on questions of law relating to the powers and dutie s of city officers; and (5) Performing such othe r duties as may be required by ordinance or resolution of the city commission. {!>} fhe c.1ty a tlou m y .,IJ a ll serve at th e pleasure of th e citv co rumi ssion. The c i t ~ conunissio n m ay re m o ve th e c ity atto rn ey by the affirma tive vc)t e of not less tha n three (3) of il s m embe rs . ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY Sec. 33. Appointments and responsibilities . Sec. 33. Appointments and responsibilities. The appointment, duties, functions and other responsibilities of the director of public safety, police department, police chief, fire departme nt, fire chief and their respective staff members are found in the city code Chapter 2 , Divisions 2 and 3 . ARTICLE VII. BUDGET Sec. 34 . Pre paration and adoption. Sec. 34. Preparation and adoption. Each department head shall be responsible for presenting a budget request to the city manager by a date established by the city manager or his u 1 h e r _designee. The director of finance shall provide the c ity manager with a preliminary estimate of revenues and beginning fund balances for the upcoming fiscal year. Upon rece ipt of all budget requests , estimated revenues and fund balances, the city manager shall make any modifications which are determined to be reasonable and justifiable and thereafter present the budget to the city commission . The city commission shall review the budget as submitted by the city manager and make such revisions as deemed necessary. A public hearing will be set to approve the tentative budget and millage rates. A public hearing will be set for final pa ssage of th e budget and millage rates. Words stricken ar e deletio ns; words underlined are additions. Page 11 of 23 AG E NDA ITEM # 7C MAY 11,201 5 Upon final adoption , the budget shall be in effect for the next fiscal year. A copy of the budget, as adopted, shall be filed with the city clerk . The city shall abide by the requirements established by the Truth in Millage (TRIM) Act. ARTICLE VIII. DEPARTMENT OF FINANCE Sec. 35. Director of finance . Sec. 35. Director of finance. The director of finance shall be the head of the department of finance and shall be appointed and removed by the city manager. The qualifications, powers and duties of the director of finance are defined in the Code of Ordinances. ARTICLE IX. ELECTIONS Sec. 36. Elections. Sec. 37. Nonpartisan elections . Sec. 38. Electors; registration. Sec. 39 . Nominations. Sec. 40. Elections: Primary. Sec. 41 . Elections: General. Sec. 42. Elections: Absentee voting . Sec. 43. Elections : Canvassing board, duties. Sec. 36. Election _f_ utt l iOt_. The city commission shall , by ordinance, make all regulations which it considers necessary, not inconsistent with this Charter or state law, for the conduct of municipal elections and for the prevention of fra ud therein . Sec. 37. Nonpartisan elections. All elections for the office of comm1ss1oner and mayor-comm1ss1oner shall be conducted on a nonpartisan basis without any designation of political party affi li ation . Sec. 38. Electors; registration. Any person who is qualified to register to vote and is a resident of Atlantic Beach who has qualified as an elector of this state, and who registers in the manne r prescribed by F.S . Chapter 98 and ordinances of Atlantic Beach, sha ll be a qualified elector of the municipality. Sec. 39. Nominations. Any elector of the city having the additional qualifications and limitations as set forth in Article II , Section 6, may be nominated for a seat in the city commission. Such nomination shall be only by petition . A petition for this purpose shall be signed by not less than l , ( l.n)LW :!..I!Y 11v {?',) qua lified electors of the city . The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the presence of the Word s stricken ar e deletions; words underlined are additions. Page 12 of 23 AGENDA ITEM # 7C MAY 11,2015 circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate _____ whose residence is for the office of Commissioner, Seat No. to be voted for at the election to be held on the _____ day of , A.D., and we individually certify that our names appear on the rolls of registered voters, and that we are qualified to vote for a candidate for the city commission. Name, street, and number address from which last date of registered (if different) signing. (Spaces for signatures and required date) STATEMENT OF CIRCULATOR The undersigned is the circulator of the foregoing paper containing ;#rule; signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. SIGNATURE OF CIRCULATOR __ ADDRESS: II Any signature made earlier than forty (40) days prior to the first day of qualifying shall be void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying period. The qualifying period will begin no later than noon on the 71 st day (Monday) prior to the primary election and will end at noon on the 6th day (Friday) prior to the primary election. All other qualifying papers shall be filed as one instrument with the city clerk during the qualifying period. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form: "ACCEPTANCE OF NOMINATION I hereby accept the nomination for Seat No. commission and agree to serve if elected. SIGNATURE OF CANDIDATE " on the city Within two days after the filing of a nominating petition, the city clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated. Words stricken are deletions; words underlined are additions. Page 13 of 23 Sec. 40. Elections: Primary. AGENDA ITEM # 7C MAY 11,20 15 A primary election for the nomination of candidates for the office of city commissioner of the city shall be held every two (2) years on the Tuesday that is ten (10) weeks prior to the Genera l Election, for each seat on the city commission which shall become vacant on the second Monday in November of the same year, or when the newly elected city commissioners assume the duties office in accordance with Sec. 14 of this Charter. The two candidates for each seat to be filled receiving the greatest number of votes in said primary shall be certified as candidates or nominees at the general election , provided , however, that should any candidate receive at such primary e lection a majority of all votes cast, he (lr c;he. shall be declared regularly elected and shall not be required to enter the general election as hereinafter provided. Howe ver, should on ly one candidate be nominated for a particular seat, an e lection for that seat will not be required and the unopposed candidate shall be declared elected to the office of city commissioner. Sec. 41. Elections: General. A regu lar or general e lection of candidates or nominees to the office of city commissioner shall be held every two (2) years on the first Tuesday after the fi rst Monday in November, un less all vacancies have been determined by the primary e lection in accordance with Section 40 of this Charter. The candidate or nominee rece iving the majority of votes for each seat at such genera l election shall be declared elected . In the event of a tie between two candidates in the general election the candidates shall draw lots in accordance with Florida Statutes to determine the winner . Sec. 42. Elections: Absentee voting. Except as herein specifica lly provided all e lections and absentee voting in the city sha ll be conducted in accordance with t he provisions of F.S . Chapter 101 . Sec. 43. Elections: Canvassing board, duties. The City of Atlantic Beach ~nv "mfi-8oarG-s~1alt-00-<;amposed -Gf-lhe-Gily Attor-noy-l ~tv -M'Q.nag rand Cit~e rkde l egates tha election can vassing tesponsibilities fu r a ll ci ty eleclion:) to tha Duval County Canvassing l3oard . ln-the-evant-tAat-a»y mem9er-4s-ooabl&-tG-serve,a-FeJ:)Iaaement.lffemher-shall-be-ap~ointecl-by-the-rema~ning. two-Geal4-memhers . SaiEHeplaGeFnen l.al~~er-ed-voter-residmg-tR-AttanUG Beash~ou l d the-~ty-ef-A"a~G-Beaoh-rm~rucipal-eleGtioA OGGUF-GR-#le-sarne--Oay-as-a oou nt~f}eGiat-e lestioo,tl:'f&-OOUAty.cartJ~ssing -he; R 1 ~IWuUill tlle-foi1Pwing-<lllt1e& 4isteG-ir:Hhi& section . The Atlam~e~l1 Canvassing Board '-hall ·!!@'/ meet in Atl anhr Beach or at a lu~at iun 1c; c.lt:.:cided_Qy the Duval County Canvc1.,~ine1 Board in a building accessible to the public to publicly canvass the absentee electors' ball ots and provisional ballots as provided for in Florida Statutes. Public notice of canvassing shall be given at least 48 hours in advance in a publication of general circulation in the City of Atlantic Beach . The canvass shall be made from the returns and certificates of the inspectors as signed and filed by them. The canvassing board shall submit to the Supervisor of E lections the preliminary returns by 11 :59 pm on e lection night. See Fla.Stat. Chapters 101 and 102 for a complete listing of Canvass in g Board duties. {ill_c..r Words stricken are deletions; words underlin ed ar e additions. Pag e 14 of 23 AGEND A IT EM # 7C MAY 11,201 5 each cltv e lecl!Oil th c r llVc r IIl ii l 0 · I d 11' II i ~u _o_of ll< 'I I ( 1111 1-" ti }II or _l(,r I lOt i tu th c 1 v cle r" The clerk shall provide a certificate of e lection to the candidates elected . ARTICLE X. INITIATIVE AND REFERENDUM Sec. 44. Power of initiative. Sec. 45. Power of referendum. Sec. 46 . Form of petitions; committee of petitioners. Sec. 47. Filing, examination and certification of petitions. Sec. 48 . Amendment of petitions. Sec. 49. Effect of certification of referendum petition . Sec. 50 . Consideration by city commission . Sec. 51 . Submiss io n to electors. Sec. 52 . Form of ballot for initiated and referred ordinances. Sec. 53 . Availability of list of qualified electors . Sec. 54 . Results of e lection . Sec. 55. Repealing ordinances. Sec. 44. Power of initiative. The e lectors shall have the power to propose any ordinance, except an ordinance appropriating money or auth orizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the city commission by a petition signed by registered electors of th e city equal in number to at least I t j (I' f r r-il'ril { 1 o,.qSi iXl£'e!!_JJ_P Jl f nt (!b%) Of the reg istered e lectors at the last regular municipal e lection . Sec. 45. Power of referendum. Under the power known as the referendum the electors shall have power to approve or reject at the polls any ordinance passed by the city commission, or submitted by the ci ty commission to a vote of the e lectors , except as provided in F.S . 166 Part II for bond ordi nances . Ordinances submitted to the city commission by ini tiative petition and passed by the city commission without change shall be subject to the referendum . Within l 1 • T thi!jy (JQJ days after the enactment by the city commission of any ordina nce which is subject to a referendum , a petition signed by registered electors of the city equal to at least tw RW flut ,. ~t-tk•l1l-P~:..oJ. )s i xL~:.n J2ercent _( 1Q0/J) of the registered e lectors at the la st preceding regular municipal e lection may be fi led with the city clerk requesting any such ord inan ce be either repealed bv th r-·ity C'O IIl l •i• s ican or submitted to a vote of the electors . Sec. 46. Form of petitions; committee of petitioners. All petition papers circu lated for the purpose of an initiative or referendum shall be uniform in size and style, and shall contain the full text of the proposed ordinance . The signatures to the initiative or referendum petitions need not all be appended to one paper. Signatures on such petitions shall be in ink and shall be followed by the petitioner's place of residence by street and number. There shall appear on each Words stricl~en are detetions; words underlined are additions . Page 15 of 23 AGENDA ITEM # 7C MAY 11,2015 petition the names and addresses of five electors who, as a committee of the petitioners , shall be regarded as responsible for the circu lation and filing of the petition . Attached to each separate petition paper there shall be a notarized affidavit signed by the circulator of the petition stating the number of signatures, that all signatures appended thereto were made in the presence of the circulator, and that the circu lator believes them to be the genuine signatures of the persons whose names appear on the petition. Sec. 47. Filing, examination and certification of petitions. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within nty thirlv ( 30) days after a petition is filed, the city clerk shall determine whether each page of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city clerk shall declare any petition paper invalid which does not have attached thereto an affidavit signed by the circulator on each page. If a petition paper is found to be signed by more persons than the numbers of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified , the signatures shall be accepted unless void on other grounds. After completing the examination of the petition, the city clerk shall certify the result to the city commission at its next regular meeting. If the city clerk certifies the petition is insufficient, a certificate listing the defective items shall be prepared and provided to the committee of petitioners. Sec. 48. Amendment of petitions. An initiative or referendum petition may be amended within ten (1 0) days after the certificate of insufficiency has been sent by the city clerk . An amended petition may be filed as provided by Section 46 . The city clerk shall, within five (5) days, examine the amended petition and if the petition is still insufficient, shall file a certificate to that effect and notify the committee of the petitioners of such findings . The finding of the insufficiency of a petition shall not prejudice the filing of a new petition . Sec. 49. Effect of certification of referendum petition. When a referendum petition, or an amended petition , as defined in Section 46 has been certified as sufficient, the ordinance specified in the petition shall not go into effect until and unless approved by the qualified registered electors. Sec. 50. Consideration by city commission. Whenever the city commission receives a certified initiative or referendum petition from the city c lerk, it shall proceed forthwith to consider such petition. A proposed ini tiative ordinance shall be read and a public hearing shall be held upon the proposed ordinance. The city commission shall take final action on the ordinance not later than sixty (60) days after the date on which such ordinance was submitted to the city commission. buc It tlnal attiun h ll_!J e dc~u.JLd by a.U ·~ls\ ww f1hh . ~,frmn.attve vote of the.. lull t.tly cutJ.!mi ssiun to a pp1ovc. -m nd or d n':{ If such ordinance is c•nP w!lidl i"- referred for reconsideration by the city commission, it shall be brought forth for its final Words stricl,en are deletions; words underlined ar e addition s. Pag e 16 of 23 AGENDA ITEM II 7C MAY 11,201 5 vote upon such reconsideration and the question shall be, "Shall the ordinance specified in the refere ndum be repealed ?" &ud 1 fi nal a dion sha ll a lsu h ... d ecicJ od by a t least a fo u r fitth::t .Jfllrmativt v ote of th o fu ll city commissi on. Sec. 51. Submission to electors. If the city commission shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth , or if th e city commission fails to repeal an ordinance referred for reconsideration, the proposed or referre d ordinance shall be submitted to the e lectors not less than thirty (3 0) days nor more than on e year from the date the city commission takes its final vote . If no regular election is to be he ld w ithin the specified time frame , the city commission 1n y ~.h II provide for a special election . Sec. 52. Form of ballot for initiated and referred ordinances. Ordinances submitted to a vote of th e electors in accordance with the initiative and refe rendum provision of this Charter shall be submitted by ballot title prepared by th e city attorney or other legal advisor of the city. The ballot title may be different from th e legal titl e of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the s ubject of such ordinance . The ballot used in voting upon any ordinance shall have below the ball ot title th e following propositions, one above the other, in order indicated: "FOR TH E ORDINANCE" and "AGAI NST THE ORDINANCE." Sec. 53. Availability of list of qualified electors. Lists of qualified electors or registers may be rwr ;hill J c1 nbt"i11RJ from the Supervisor of Elections for Duval County in accordance with the provisions of F .S . flP .l-1 1 98.04~3). Sec. 54. Results of election. If a majority of the e lectors shall vote in favor of a proposed initiative or referred ordinance it shall become an ordinance of the city. If conflicting ordinances are approved by the e lectors at the same election, the one rece ivin g the greatest number of the affirmative votes sha ll prev a il. Sec. 55. ~'lfKJ lifl{t-OmlnaRG Reserved. lnitiatud a nd ~*'r~a..o 1 uiu a~ves-n~ay l l ll''"~e~a~r~e. lea o nly-,by-a--fa\:lf-fifth affir-ma tlV&4/ete-ef-the-f~ity-oomm issie~J-KJII9~Q~H9 1iG-J:leat=f Rg - ARTICLE XI. RECALL ELECTIONS Sec. 56. Procedures. Sec. 56. Procedures. Recall e lections shall follow those proced ures prescribed by F.S . 100.361 . ARTICLE XII. FRANCHISES Sec. 57. Granting of franchises . Words stri cken ar e deletions; words underlined are additions. Page 17 of 23 Sec. 57. Granting of franchises. AG!i:N OA IT EM 117C MA \' II, 2015 The city shall have power to grant a f ranchise to any private or public enterprise for the use of streets and other public p la ces in the furnishing of any public service or utility service to the city and its inhabitants . All franchises and any renewals, extensions and amendments thereto shall be granted on ly by ordinance, and under such limitations as may be provided by the laws of the State of Florida . If the proposed franchise is for fifteen years or more, the ordinance approving said franchise sha ll not be effective un less it is approved at a referendum in the same manner provided in F.S. 166 for the approval of issuance of bonds . ARTICLE XIII. TAX ADMINISTRATION Sec. 58. Tax administration . Sec. 58. Tax administration. Tax administration shall be in accordance with Florida Statutes or as otherwise provided for in the Code of Ordinances . Note: Currently F.S. 193.116, F .S . 205, and Code of Ordinances Chapter 20. ARTICLE XIV. ZONING Sec. 59 . Zoning, land development regulations and maximum building height. Sec. 59 . Zoning, land development regulations and maximum building height. Zoning and land development regulations shall be in accordance with Florida Statutes or as otherwise provided for within the Code of Ordinances , except that in no case shall the maximum height of buildings within the City of Atlantic Beach exceed th irty -five (35) feet; provided however, that existing buildings which exceed thirty-five (35) feet in height may be repaired to that existing height, no alterations shall be made to any building , which would cause that building to exceed thirty-five (35) feet in height. and this Charter provision shall not restrict any property owner's vested rights under constitutional, statutory or common law. Further provided, however, that the city commission may approve, pursuant to the applicable section of the city's land development regulations, requests to exceed the maximum building height of thirty-five (35) feet for exterior architectural design elements , exterior decks or porches within nonresidential land use categories as designated by the future land use map of the adopted comprehensive plan, for nonresidential development. The on ly property excepted from this height limitation shall be certain parts of the existing ( ( "" l •fU U111 hotel property, located at 1 Ocean Boulevard , Atlantic Beach, Florida , which property is bounded by Ahern Street on the north , the Atlantic Ocean on the east, Atlantic Boulevard on the south , and Ocean Boulevard on the west, and only those parts of sa id property as follows : (1) The existing build ings that exceed thirty-five (35) feet on the property as of the effective date of this ordinance; and (2) T hat part of said property extending west from the existing hotel tower no more than one hundred twenty-five (125) feet towards the west property line , no Words striclmn ar e deletion s; words underlin ed are additions. Page 18 of 23 AG ENDA ITEM #7C MAY 11,2015 closer than fifty (50) feet to the south property line , with no more than a maximum width of one hundred (100) feet and containing an additional footprint of no more than eleven thousand five hundred (11,500) square feet. However, any future development, redevelopment or expansion on these parts of the property, which are proposed to exceed thirty-five (35) feet in height shall be subject to approval by the city commission and shall in no event exceed the height of the existing hotel tower building as of the effective date of this ordinance . Note: Currently F .S. 163, F .S. 166, and Code of Ordinances Chapters 14 and 20. ARTICLE XV. MUNICIPAL BORROWING Sec . 60. Authority to borrow. Sec. 60. Authority to borrow. The city may borrow money , contract loans and issue bonds as provided by F .S. 166 Part II from time to time to finance the undertaking of any capita l or other project for the purposes permitted by the State Constitution , and may pledge funds , credit, property, and tax revenues for the payment of such debts and bonds. ARTICLE XVI. SUITS AGAINST THE CITY Sec. 61. Suits . Sec. 61. Suits. No suit shall be brought against the city for damages • r sing out of-an...aUeg tm-~OIJ~~t. unless all provisions of state law have been met. Upon receiving notice of any suit , the city manager shall •ligeHtly.-irwe 'rg~t€\-th' rn· t eF an(1 1il w, ;w. 1 H , ~r-t-with th utty ..r,f 1" I ,-pr. .nted-toinform the city commission ~ -iiG-nP.¥1-rneetin~ of lha lawsuil as soon as pt acticat.-=l:t1 e-£ity Gl• rk h U cJet• 1-rnif,,.Yf. t '<'...A~ n tt'l.p ttnu lr tlr -t>t..lltaE:I~d tl f'l l-wjtt, ~,, ~ nu .. q "I 'y ~~ati'~.l Upon receipt of a written claim for damages by an injured party the city commission may, by ordinance , make a settlement of the claim . ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS Sec. 62 . Removal of officers and employees. Sec. 63. Removal of members of boards, commissions , or agencies . Sec. 64. Investigations. Sec. 65 . Publicity of records . Sec. 66. Personal interest. Sec. 67. Officia l bonds. Sec. 68 . Oath of office. Sec. 69. Effect of this Charter on existing law. Sec. 70 . Rights of officers and employees preserved . Sec. 71 . Continuance of present officers. Sec. 72 . Continuity of offices , boards , commissions or agencies . Sec. 73 . Transfer of records and property. Sec. 74 . Title to property reserved . Sec. 75 . Continuance of contracts and public improvements. Words stricl~e n ar e d eletions; words und erline d are additions. Pa g e 19 o f 23 Sec. 76. Pending actions and proceedings. Sec. 77 . Short title. Sec. 78 . · ·I 1. hili severabihl)l clause . Sec. 62. Removal of officers and employees. AGENDA I'I'EM # 7C MAY II, 2015 Any officer or employee appointed by the city manager or head of any office , department or agency may be removed by the city manager at any time pursuant to city ordinances . Sec. 63. Removal of members of boards, commissions, or agencies. Except as provided in this Charter, an agent. a member of any board, committee, task force , commission or agency of the city who has been appointed by the city commission, may be removed by the city commission in the same manner as provided for the remova l of the city manager in Section 25 of this Charter. Sec. 64. Investigations. The city commission , or any committee thereof, the city manager or any advisory board appointed by the city commission for such purpose , shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated ; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence ; and for that purpose may issue subpoenas whi ch shall be signed by the president or chairman of the body, or by the officer making the investigation , and sha ll be served by an officer authorized to serve such process . The authority making such investigation shall have power to cause the testimony to be given under oath , such oath to be administered by some officer having authority under the law of th e state to administer oaths . Failure to obey such subpoena or to produce books , papers, or other evidence as ordered under the provisions of this section shall constitute a violation of the municipal ordinance and shall be punishable by a fine not to exceed five hundred dollars ($500 .00) or by imprisonment not to exceed sixt y days , or both. Enforcement of any violation of this municipal ordinance shall be by the State Attorney's office. Sec. 65. Publicity of records. To the extent required by F.S. Chapter 119, records and accounts of every office, department or agency of the city shall be public records and open to inspection under reasonable regu lations established by the city commission in accordance with the Public Records Act. Sec. 66. Personal interest. No member of the city commission , any officer of the city or department head shall have a financial interest. direct or indirect, in any contract or in the sale to the city or to a contractor supplying the city of any land or rights or interests in any land , material, supplies or services. Any 1U -1tw111tul violation of this section shall constitute malfeasance in office , and shall be grounds for removal or t ermination . Any contract entered into in violation of this section shall be voidable by th e city manager or the city commission . Words stfieken are deletions; words underlined are add itions. Pag e 20 of 23 Sec. 67. Official bonds. AG~NDA ITEM# 7C MAY 11,2015 The city commission shall determine whether or not each officer, clerk, or emp loyee shall give bond, and the amount thereof, but all officers, clerks and emp loyees handling any funds or property of the city sha ll be required to give bond to the city , which bonds shall be procured from a regularly accredited surety company, authorized to do business under the Laws of Florida, the premiums on such bonds to be paid by the city. All such bonds shall be filed in the office of the city clerk. Sec. 68. Oath of office. Every officer and employee of the city sha ll , before entering upon the duties of his n 1 ht 1 office, take and sub scribe to the following oath or affirmation , to be filed and kept in t he office of the city clerk: "I solemn ly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida , that I will , in all respects, observe the provisions of the Charter and ordinances of th e City of Atlantic Beach , and will faithfully discharge the duties of the office of " Sec. 69 . Effect of this Charter on existing law. All laws, ordinances and resolutions re lating to or affecting the city in force when this Charter takes effect are hereby repealed and superseded to the extent that such are inconsistent with the provisions of this Charter. Sec. 70. Rights of officers and employees preserved. Nothing contained in this Charter, except as specifically provided, shall affect or impai r the rights or privileges of officers or employees of the City of Atlantic Beach or of any office, department, board, commission , or agency existing at the time when this Charter shall take effect. Sec. 71. Continuance of present officers. A ll commissions, administrative and executive officers, agents, department heads , board and committee members and their powers , duties and obligations at the tim e this Charter takes effect shall continue in effect until provisions have been made in accordance herewith for the performance of such duties or the discontinuance of such office, powers or obligations . Sec. 72. Continuity of offices, boards, commissions or agencies. Any office, department, board, comm issio n or agency provided for in this Charter with powers and duties the same or substantially the same as those which previously existed shall be deemed to be a continuation of such office, department, board, commission, agent or agency with the power to continue its duties and obligations . Sec. 73. Transfer of records and property. A ll records , property and equipment whatsoever of any office, department, board , commission, agency, or agent , all the powers and duties of which are assigned to any other office, department, board, commiss ion , or agency by this Charter, shall be Words stricken ar e deletions; words underlined are additions. Page 21 of 23 AGENDA IT EM 11 7C MAV11,2015 transferred and delivered to the office, department, board, commission, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office , department, board, commission , or agency are by this Charter assigned to any other office, department, board, commission, or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department, board, commission or agency to which such powers and duties are so assigned. Sec. 74. Title to property reserved. The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments, decrees and chases in action, held or owned by the City of Atlantic Beach shall continue to be vested in th e corporation under this C harter. Sec. 75. Continuance of contracts and public improvements. All contracts entered into by the City of Atlantic Beach , or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements, for which legislative steps have been taken under laws or Charter provisions existi ng at the time this Charter takes effect, shall be carried to completion in accordance with the provisions of such existing laws and Charter provisions. Sec. 76. Pending actions and proceedings. No action or proceeding , civil or criminal , pending at the time when this Charter takes effect, brought by or against the City of Atlantic Beach, or any office , department, board, agents, commission, or agency or officer thereof, shall be affected or abated by the adoption of this Charter or by anyth ing therein contained . Sec. 77. Short title. This Charter shall be known as the "Atlantic Beach Charter." Sec. 78. r hi11 ~~ ~ bllity clause. If any section or part of a section of this Charter shall be held invalid by a court of compete nt jurisdiction , such holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid may appea r, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERlOOIC REVIEW Sec. 79 . Effective date of Act. Sec. 80 . Effect of cha nges in state law. ,e ... tt 1 rJr r1ud1c. H v Sec. 79. Effective date of Act. This Act shall go into effect subject to the referendum and in accordance with state law under F.S. 166.031 . Words stricken are deletions; words underlined are additions. Page 22 of 23 Sec. 80. Effect of changes in state law. AGENDA ITEM# 7C MAY 11,201 5 In the event of changes in state law which are in conflict with any provisions of th is Charter, state law shall prevail. Sec. 81. Periodic Review A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) e lectors of the City s ha ll be appointed by t he City Commiss ion everv eight ~ars to rev iew the City C harter a nd propose any amendments or revisions, which _may be advisab le for placement on the regu lar municipal e lection ba llot The City Commission sllall appoint the Charter Review Committee in January of the year immediate ly preced ing the e lection with a definite and specific charge. The C harter Review Committee shall meet for the purpose of organization within thirty (30) days after the appointments have been made . The Charter Review Committee shall elect a chair and vice chair from among its membership. Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review Committee. All meetings shall be open to the public. No Charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. No later than one-hundred and eighty (180) days prior to the regular municipal e lectioo... the Charter R~yiew Committee shall deli ver to the City Commission the .PfQP..Osed amendments or revisions. if any. to 1he City Charte1. Each n roposed amendment shall embrace but one subject and matter directly connected therewith . The City Commission may by resolut ion place such amendments or revisions as approved by the Charter Review Committee on the next regular municipal e lection ba llot. If a majority of the electors voting on the amendments or revisions favor adoption. such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide . If the Charter Review Committee does not subm it any proposed Charter amendments Qr revisions to the City Commission at least one-hundred and eighty (180} days prior to the regular municipa l e lection. the Charter Review Committee shall be automatically dis§olved . Otherwise. upon acceptance, further amendment or rejection of the proposed amendments or 1evisions by the City Commission . the Charter Review Committee shall be automatically dissolved . Words striel~en are deletions; words under l ined are additions. Page 23 of 23 ORDINANCE NO. 33-15-20 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING AN AMENDMENT TO THE CITY CHARTER WHICH WOULD ELECT CITY COMMISSIONERS FOR SEATS 2, 3, 4 AND 5 BY THEIR RESPECTIVE DISTRICTS; SUBMITTING THE PROPOSED AMENDMENT FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR OLSAPPROV AL; PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; PROVIDING AN EFFECTIVE DATE. AGENDA ITEM 1170 MAY I I , 2015 WHEREAS, the C ity of Atlantic Beach, Florida , after receiv ing input from its citizen s and the Charter Review Committee, find s the proposed amendment contained in thi s Ordinance s ho uld be s ubmitted to the qualified electo rs of the City of Atlantic Beach for considera tion; and WHEREAS, the City of Atlantic Beach appreciates th e d il igent effo rt s of th e Charter Review Committee comprised of: Don Wolfson, Mark Tomaski , Mike Borno, Katherine Cal'ithers, Joan Carve r, Sally Cle mens, Thomas Goodrich, Judith Leroux and David Vincent. NOW THEREFORE, BE JT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CJTY OF ATLANTIC BEACH, JrLORLOA: SECTION l. Charter Amendment Proposed. The Ci ty Comm issio n of the City of Atlanti c 13 cach, Florida hereby proposes th e following amendment to th e City Charte r: Sec. 5. Number of commissioners; select ion ; term. The city commission s hall consist of five (5) electors of the City of Atlantic Beach who have the qualification s as defined in section 6 of this C ha rter .. en t I <.,IJull b elected at large, •trad ;cut ·}. tlulHH 'h s l,.tll L':J ·It b · c lc ted b~ t h ~:a r J l'~pel·tiH. di sltu . .:l , without regard for any designation of polit ical party affiliation . The seats sha ll be known as sea ts I tluou gh 5 respect ive ly, and scat I s hall be designed as the mayor-commissioner. Seats 2 through 5 shall be de s ignated as district commissioners, with each commissioner required to reside within the di s trict rrom which he or she is e lected. The four (4) districts sha ll be created using th e p rec in c t line s ex istin g as of J,. 'il ~ 'cGl17.1unu r) 0 I , as a beginn ing point, sha ll be es ta bli s hed by ordin a nce, s hall be as equ a l in population as possibl e, a nd to th e ex tent po ss ible sha ll ma int a in the integrity of neighborhood s and commun ities o r int erest. Th e mayor-commi ss ione r shall be e lected for two-year term s and th e terms for sca ts 2 throu g h 5 sha ll eac h be four yea rs. Ef fective w ith the muni c ip al electi on in Octobe r, 1993, anyone e lected or appo int ed to th e office of mayor-co mmi ss ion er sha ll not se rve more th a n fo ur (4) co nsecut i ve two-yea r terms; and any e lected or appo int ed to co mmi ss ion scats 2 throu g h 5 sha ll not serve mor e than two (2) co nsecutive four -yea r term s. Servi ng any part of a term shall be con si de red a fullt.erm. No thing co nt ai ned he re i_n sha ll prevent anyon e who has se rved as a city commissio ner from bein g ap po inted or e lected to th e po s ition of mayo r-co mmis sion e r and then se rvin g in that capacity fo ur (4) co nsec utive two-year term s. AGENDA ITEM# 70 MAY 11.201 5 SECTJON 2. Submiss ion of Charter Amendment to Public Referendum. T hi s amen dm ent to th e Charte r of th e City o f Atlantic Beach, PloTid a shall be sub mitted to public re fe re ndum at th e next genera l e lection held in th e C ity of Atl ant ic l3each , Florida ror a pprova l or di sappmval by th e qua lified e lec tors of th e City. SECTION 3. Appea ranc e of the Char te r Amendm ent on the Ballot. Th e ba ll ot ti tl e to be used in sa id e lec ti o n s ha ll be as fo llows: ''CHANGE IN COMM ISSION ER ELECT IONS FROM AT-LARGE VOTfNG TO DI STRICT REPRESENTATIVE VOTING ." The ex planatory sla tement shall be as follow s: "Comm iss ion seats 2, J, 4 and 5 will be elected only by t he electo rs in the re spec ti ve distric ts eac h commi ss ioner represents in stead of th e entire electo rs of the City of Atlanti c Beach." Be low th e exp lan a tory statement sha ll appear the following qu es ti on: S hall th e above de scri bed Charter amendment be ado pt ed? YES NO __ __ SECTION 4. Effec tive Date. This amendment to the Cha rter of th e City of Atl a nt ic Beach shall become effectiv e upon approv a l by the e lec tors of the C ity and shall be filed w ith the Flo rid a Depar tm ent of State as req uir ed by Jaw . PASSED by the City Commission on first reading this 27 day of April, 2015. AGENDA ITEM# 7D MAY 11,2015 PASSED with a quorum present and voting, by the City Commission this __ day of ______ ,2015. ATTEST: DONNA L. BARTLE, City Clerk Approved as to form and correctness: RICHARD KOMANDO, City Attorney CAROLYN WOODS, Mayor, Presiding Officer AGENDA ITEM: SUBMITTED BY: DATE: BAC KGROUND : C ITY OF ATLANTIC BEACH CITY COMMISS ION MEETING STAFF REPORT Sig n Amort izati on Jere my Hub sch /b Build ing and Zoning Direc tor 7 n April 26, 20 15 A<.:ENOA fT ~M H SA MAY 11,2015 T he C ity's s ign co de ori gina ll y stated t hat a ll non-confo rmin g sig ns were to come into co mp lianc e by Janum y I, 20 15. ln Dece mb er of20 14 , the dead li ne was cha nged to Ju ne 1, 20 15 in order to ex plo re creatin g a va ri a nce p rocess and furth er eva lua te th e co de. Staff has co n d ucted researc h of oth er muni c ip al codes U1a t have sign va ri a nce processes an d has crea ted a va riance pro cess for non-conforming signs that can prove compl ying w ith th e co de is a hard s hip. Th e proposed variance p rocess estab li shes a mec hani sm for non-co nfo rmin g signs to remain in pl ace Jfthey ca n meet cert ain criteria. Ad diti on a ll y, th e var iance process c rea tes th e abi li ty fo r th e ci ty to a ll ow an increa se in the s ize of wa ll s ig ns a bu sin ess ca n have in exchange fo r th e remova l of a no n-conforming sign . Staff is a lso reco mm endin g th at t he c ity ex tend th e dat e for s ig n. a morti zation to November I , 2 018 for th e May pol't Road corridor in o rd er to co in cid e w ith s ign amort iza ti on in the cit y of J acksonv ill e portion of the May port Road Corrid or. A t th e ir Ma rc h 17,201 5 meeting , the Co mmunity Developm ent Boa rd voted 5-0 to require curr e nt non-co nfo rm ing signs to co me into comp li ance startin g on June 1, 20 15 on Atl anti c Bo ul eva rd and extendin g amorti zat io11 to Novern ber 2 0 18 lb r1.h e Maypo ti Road Co tTidor. BUDGET: No ne. R ECOMMEN DATION : Di rec t staff to d raft an amended Sign O rd in ance ATTACH MENTS: Pl'op osed Sig n Ord in ance, ema il from CO J Zo nin g rega rdin g Mayport Road A mortiza tion. REVIEWED BY C ITY MANAGER: ORDINANCE NO. 60-15-? AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17, ARTICLE IV, SECTION 17-51 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, TO EXTEND THE DATE FOR COMPLIANCE WITH SIGN REGULATIONS TO JANUARY 1, 2018 FOR MAYPORT ROAD AND CREATING A VARIANCE PROCESS FOR NON- CONFORMING SIGNS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# SA MAY 11,2015 WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is necessary to amend Chapter 17, Aliicle IV, Section 17-51 of the Atlantic Beach Code of Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Section 17-51 of the Code of Ordinances, specifically the Signs and Advertising Structures, of the City of Atlantic Beach, Florida, 1s hereby amended to read as follows: Sec. 17-51. Nonconf01ming Signs (5) A. Notwithstanding the preceding provisions of paragraphs (1) through ( 4), all signs permitted within the commercial and industrial zoning districts along Atlantic Boulevard, pursuant to section -l---7-{} 17-29 of this chapter, shall be made to conform with the provisions of this chapter as may be amended on or before Janum·y 1, 2015 June 1, 2015. B. Notwithstanding the preceding provisions of paragraphs (1) through ( 4), all signs permitted within the commercial and industrial zoning districts along Mayp01i Road, Levy Road, and Main Street, pursuant to section 17-29 of this chapter, shall be ORDINANCE NO. 60-15-? Page I of3 made to conform with the provisions of this chapter as may be amended on or before November 1, 2018. (6). Hardship cases AGENDA ITEM #SA MAY 11,2015 a. Whenever the location, topography or configuration of any lot is such that the removal of an existing non-conforming sign will cause a hardship due to sight distances, existing vegetation, location of buildings on adjacent lots, and/or insufficient area to locate a monument sign; the Community Development Board may grant a variance, to allow the non-confmming sign to remain, or to increase the amount of fascia sign area by not more than 25 percent in exchange for the removal of the non-conforming sign. b. No variance shall be approved by the Community Development Board unless it is found: (1) That the strict application of this section would cause undue hardship. (2) That such hardship is not shared generally by other prope1iies in the same vicinity. (3) That the issuance of the variance will not be of substantial detriment to adjacent property and that the character of the area will not be changed by the granting of the variance. (c) Any variance granted shall be limited to the applicant only, and shall not apply to any future tenant or business. SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining pmiions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PAS SED by the City Commission on first reading this 11th day of May 2015. PAS SED by the City Commission on second and final reading this 26th day of May 2015. ORDINANCE NO. 60-15-? Page 2 of3 ATTEST: DONNA L. BARTLE, City Clerk CAROLYN WOODS, Mayor, Presiding Officer Approved as to form and conectness: RICHARD KOMANDO, City Attorney ORDINANCE NO. 60-15-? Page 3 of3 AGENDA ITEM# 8A MAY 11,2015 Hubsch, Jeremy From: Sent: To: Subject: Jerem y, FYI Mike G. Griffin , Michael Tuesday, February 25, 2014 4 :34PM Hubsc h, Jeremy FW: Sign c od e am orti zation From: Ke lly, Sean [mailto:SKELLY@coJ.net] Sent: Tuesday, February 25, 2014 4:24PM To: Lewek, Tad; Griffin, Mi cha el Subject: RE: Sign code amortization Michae l, AGENDA ITEM# 8A MAY 11,20 15 If the sig n w as lega lly permit t ed prior No vember 2008 then it can re m ain unti l Novem ber 2018. If t he sig n was non- co nform ing at the t ime of adoption of Pa rt 13 Sign Regu latio ns {March 1987) then it was requ ired to be brought into co mpl iance by March 11, 1993 or Ju ly 30, 1997 . The overlay did not ext e nd the am ortiza t io n period for sig ns a lready non -co nforming at the time of adoption of the overlay, except for signs that were l ega ll y permitted prior to th e overlay or perm itted since the previo us am o rtization sc hedule had elapsed in July 1997. If it is non-co nformi ng and was neve r perm itted it is su bj ect to be ing iss ued a citation. Re gards, Sean N. Ke lly, AICP Zo ning Admin ist r ato r From: Lew ek, Tad Sent: Tuesday, February 25, 2014 3:27 PM To: Griffin, Michael Cc: Kelly, Sea n Subject: RE: Sign cod e amortization Michae l, as w e discussed the nonconforming signs a nd Ord . for M aypo rt incl. overlays and M ayport Rd. is enco mpasse d by no . o f ordinances. After a brief m eeting with Mr. Sean Ke lly to di scuss your qu est ion, I'm forwarding your inquiry for a direct reply from Zoni ng, Mr. Sea n Ke ll y more specific and detai led. Best Regards, Tcwl Z . Lewe~, PX BN Pl an Examiner City of Jacksonville Bui lding Department 214 N. Hogan St . Room 251 Jacksonville, Fl ori da 32202 Phone: 904.255.8517 See our web site for updates and information www .coLneVbi 1 AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90-Day Calendar for the Mayor and Commission AGENDA ITEM# 9A MAY 11,2015 Yvonne Calverley, Executive Assistant to the City Manager 1('__.--- April14, 2015 None The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special note: • Beach cities are hosting the Northeast Florida League of Cities Dinner on Thursday, May 21st at the Cas a Marina Restaurant, Jacksonville Beach. • City Offices will be closed on Monday, May 25th for observance of the Memorial Day holiday. The regularly scheduled commission meeting will be held on Tuesday, May 26th. • The next Town Hall Meeting is tentatively scheduled for Saturday, July 18th at 10 am at the Jordan Park Community Center BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for May through July 2015 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (May through July 2015) I CITY MANAGER: ·_-;f-'-~-'-'':__t_Y ~---'c2"'-· '"""'U--:-y'=--7''----------- MAYOR AND COMMISSION May 2015 su ;:-..:n .\ Y .\10:--\D.\ Y TL:I ~SD .\Y \\"ED:-\ I ~SD . \ Y TI-1\JRSD .\ Y FIUD.\Y S.\TURD.\Y 1 2 3 4 5 6 7 8 Newsletter Due 9 Strategic Planning Strategic Planning (Mavor) Meeting -12:30 pm Meeting-8 am Due Date for (Chamber) (Chamber) 5/26 Videotaped Videotaped Agenda Items 10 11 12 13 14 15 16 Commission Mtg 6:30 p m (lnvoc-Daugherty) Videotaped 17 18 19 20 21 22 23 Northeast Florida Due Date for League of Cities 6/8 Dinner 6pm A g enda Items (Casa Marina) 24 25 26 27 28 29 30 Commission Mtg MEMORIAL DAY 6:30pm City Offices Closed (l nvoc-Beckenbach) Videotaped 3 1 MAYOR AND COMMISSION June 2015 ~U0:D.\ Y :\IO~D.\Y 'l'L.J::SD.\ Y \\'E D~I ~SD .\ Y '1"1-IUR::-:D.\ Y l:t{Jl),\ y S.\'J'URD.\ Y 1 2 3 4 5 6 Due Date for 6/22 Agenda Items 7 8 9 10 11 12 13 Commission Mtg Newsletter Due 6:30pm (Mayor) (Invoc-Woods) Videotaped 14 15 16 17 18 19 20 Due Date for 7/13 Agenda Items 21 22 23 24 25 26 27 Comm ission Mtg 6:30pm (lnvoc-Mark) Videotaped 28 29 30 MAYOR AND COMMISSION July 2015 SlJ~D.\Y :\lO~D.\ Y TL"ESD.\Y \\~ED~ESD.\ Y TIICRSD.\Y FRID.\Y S.\TLJRD.\Y 1 2 3 ~ Due Date for 7/27 City Offices 4th of July Agenda Items Closed 5 6 7 8 9 10 11 Newsletter Due (Mayor) 12 13 14 15 16 17 18 Commission Mtg TO\\n Hall Mtg 6:30pm Due Date for lOam (lnvoc-Hill) 8/10 Jordan Park Videotaped Agenda Items (Tentative) 19 20 21 22 23 24 25 26 27 28 29 30 31 Commission Mtg 6:30pm (lnvoc-Daugherty) Videotaped