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11-14-16 Agenda PacketInvocation and pledge to the flag Call to order 1. Approval of minutes CITY OF ATLANTIC BEACH CITY COMMISSION MEETING NOVEMBER 14, 2016 -6:30PM AGENDA A. Approve minutes of the Pre-Storm Briefing on September 1, 2016. B. Approve minutes of the Town Hall Meeting on October 15, 2016. C. Approve minutes of the Regular Commission Meeting on October 24, 2016. 2. Courtesy of Floor to Visitors A. Presentation by Bill Brinton, Esquire, on Sign Code Rewrite. 3. Unfinished Business from Previous Meetings A. Public Hearing-Waiver No. 16-SAFW -241-Request for Waiver to allow a Finish Floor Elevation of 6.75 ft, in lieu of the minimum 7.5 ft. as required by City Code, Section 24- 251(c), at 1201 Gladiola Street. (The report for this item will be provided in the amended agenda packet on 11/9/16) 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Approve all employee insurances listed on the staff report effective January 1, 2017 through December 31, 2017 and authorize the City Manager to sign related insurance and insurance renewal documents. 5. Committee Reports A. Appointment of a City Commissioner to Chair the Board Member Review Committee (Mayor Reeves) 6. Action on Resolutions None. 7. Action on Ordinances None. 8. Miscellaneous Business (Discussion only) A. Discussion on Special Magistrates (Mayor Reeves) B. Sign Regulations Rewrite 1 9. City Manager Reports A. 90-Day Calendar (November 2016 through January 2017) 10. Reports and/or requests from City Commissioners and City Attorney A. Mayor Pro Tempore Appointment (Mayor Reeves) Adjournment 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, November 11, 2016. 2 MINUTES CITY COMMISSION EMERGENCY SPECIAL CALLED PRE-STORM BRIEFING FOR HURRICANE HERMINE 800 SEMINOLE ROAD SEPTEMBER 1, 2016 6:00P.M. MEMBERS IN ATTENDANCE: Mayor Mitchell E. Reeves Mayor Pro Tern Jimmy Hill Commissioner Mitch Harding Commissioner John Stinson Commissioner M. Blythe Waters Call to Order Mayor Reeves began the briefing at 6:02pm. AGENDA ITEM 1A NOVEMBER 14, 2016 Mayor Reeves reported on his decision to sign the Declaration of State of Emergency and the purpose for having it. He explained his communications with the City of Jacksonville noting there was a briefing held today at 2 p.m. Mayor Reeves explained that staff will be briefing everyone on what is proactively being done in the City. He thanked everyone for attending and indicated that if there are any questions, they can ask staff or Commissioners after the meeting is over. Staff Briefings City Manager Nelson Van Liere introduced the Public Safety Director/Police Chief Michael Deal, Emergency Preparedness Specialist/Commander Vic Gualillo, and Public Works Director Don Jacobovitz. He reported that students will be out of school tomorrow; City Hall will be closed for business; and Community Centers will be open for kids during the day. Commander Gualillo reported the Police Department has been receiving updates from the National Weather Service and the City of Jacksonville EOC and the updates are being made available through social media as quickly as possible. There will be extra officers on duty tonight and tomorrow and will staff the Beaches Complex with a representative from Atlantic Beach. Three Atlantic Beach lifeguards will be on duty tomorrow. Jacksonville Beach Police Depmiment has decided to close their beach. Atlantic Beach is considering the same action, if necessary, based on the storm's progression. Road closures will be controlled by the Jacksonville Sheriffs Office and the Jacksonville EOC. We are ready to close bridges if the need arises based upon the storm conditions. AGENDA ITEM 1A NOVEMBER 14, 2016 Public Works Director Don Jacobovitz presented his report (which is attached and made part of this Official Record as Attachment A). Closing Statements Mayor Reeves thanked staff for being proactive. He reminded people that when there is water in the street, do not go through it and if street lights are not working, you are required to stop at those intersections. He asked that everyone be cautious and take care of your neighbors. He asked that citizens call if they see anything suspicious or if they need help. Chief Michael Deal reiterated their efforts to provide updates through social media and explained tips about how to take care of your family and property are also found there. Mayor Reeves explained they have recognized a need to do better about getting information out to our residence. He reported that the City is trying to get as much information out as possible by using the Facebook pages and the City's website. Commander Gualillo answered questions from the audience regarding bridge closures. He explained that for non-emergencies, call (904) 247-5859 and for emergencies, dial9-1-l. Mayor Reeves ended the briefing at 6:14p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer Minutes-Pre-storm Briefing for Hurricane Hermine-September 1, 2016 Page 2 of 2 AGENDA ITEM 1A NOVEMBER 14, 2016 ATTACHMENT A Public Works Pre-Storm Events for Hurricane Hermine Public Works employees have spent the last few days checking and clearing storm inlets and debris in the stormwater systems. Three personnel will spend the night at Public Works tonight, and we will have other personnel who will be ready to respond if necessary. We've checked the status of all our employees and verified who will be available if needed. We've checked the fuel in our vehicles, our chainsaws and other emergency response equipment like our pumps and generators. We vacuumed out some of the inlets, especially those of Aquatic Gardens. We've pulled the life guard stands from the beach as well as some of the garbage cans. The remaining garbage cans have been zip tied to their poles. We're making a list of things we can use for the next storm which we don't have on hand and the places we need to go to get them. Our Stormwater crews have been very pro-active today getting prepared for a storm. We have done extra storm drain cleaning, ditch cleaning and trash pickup on the following streets: 1. Seminole Road 2. Main Street 3. Aquatic Drive 4. Town Center 5. Saltair neighborhood 6. 20th Street Ditches 7. Francis Road 8. Capella Road Our pumps are ready to go if needed, and Utilities personnel (Harry McNally and Chris Walker) will be on call if there is a water or sewer emergency. AGENDA ITEM 1A NOVEMBER 14, 2016 Advanced Disposal originally planned to work on Friday, but they were informed that the landfill will be closed tomorrow. So they will NOT pick up garbage tomorrow on Friday, but they will plan to do a larger than normal pick up on Saturday, including yard debris. Public Works has made sand bags available to the public. Each person needing sandbags can come to Public Works to pick up to 50 sand bags. We have sand available to fill them. Residents would have to do this themselves. Turbidity barriers have been removed from the creeks and drainage systems affected by the construction projects at the new Police Department building and the Tribridge construction site. They will be replaced after the storm surge passes. We have been very active in cleaning the debris in the Aquatic Gardens area. We have cleaned debris from Hopkins Creek. We have pumped the Aquatics Gardens pond down 21.5 inches from its normal state by placing a bladder in the connecting culvert from the pond and Hopkins Creek. In addition to this, we have been very active in overseeing the construction of the new stormwater pond by the Dog Park that Tribridge is constructing. We have held several meetings with them in the last two weeks, and this is what they have done and plan to do: 1. As suggested by Justin Williams, TriBridge has installed the bleed- down valve in the church pond to maintain the normal water level at elevation .90 NAVD. 2. TriBridge has· installed an elevation gauge within the church pond to monitor water levels as discussed. AGENDA ITEM 1A NOVEMBER 14, 2016 Justin has recommended that the dog park pond dike be removed if the pond water level in the church pond rises to 5.0 NAVD. The water level is to be monitored by TriBridge during construction hours {7:00am-5:00pm; Monday-Friday), and by the City of Atlantic Beach thereafter. Once the water level reaches 4.5 NAVD our site work contractor will be mobilized and staged onsite. If this occurs during normal construction hours, TriBridge will contact: First: Jim Rigsby 904-838-8076 Second: Kayle Moore 904-400-5037 If this occurs during non-construction hours, COAB will contact: First: Jim McFauls 904-219-9934 Second: Mike McPhail 678-641-6846 Third: Justin Williams 904-705-6963 Fourth: Dave Weissman 404-451-3283 At which point, the COAB and TriBridge will meet onsite to monitor the rising water levels. If the water level in the church pond continues to rise to 5.0 NAVD, TriBridge (Jim McFauls/Mike McPhaii/David Weissman) and the COAB Public Works Department {Don Jacobovitz/Kayle Moore-other senior contacts to be provided by COAB) will determine together if current weather and tidal conditions require the dike to be demolished; TriBridge will agree to follow the desires of the COAB Public Works Department designated contacts. Demolishing the dike will cause a delay in the previously agreed upon construction timeline of the dog park improvements. COAB will agree to extend dog park closure should weather events AGENDA ITEM 1A NOVEMBER 14, 2016 require that this plan be implemented; TriBridge and COAB Public Works Department will work together to determine the length of any delays incurred. 3. We will provide the results of our turbidity tests as soon as the results are available (we should have these tomorrow-Thursday 8/25}. 4. Lastly, the temporary dike that was constructed on the east side of Aquatic Drive will be removed before the weekend. IN ATTENDANCE: CITY OF ATLANTIC BEACH MlNUTES OF THE TOWN HALL MEETING HELD AT JORDAN CENTER OCTOBER 15, 2016 Mitchell E. Reeves, Mayor Jimmy Hill, Commissioner John Stinson, Commissioner Nelson VanLiere, City Manager Derek Reeves, Acting Community Development Director/Planner AGENDA ITEM 18 NOVEMBER 14, 2016 Mayor Reeves called the meeting to order at 10:04 a.m. He explained the purpose for the meeting and introduced Derek Reeves and Nelson VanLiere. Committee Members Don Ford, Mike Barno, Chip Drysdale, Linda Lanier, Judith Leroux,. Suzanne Shaughnessy, and Sarah Dark introduced themselves. Mayor Reeves explained that the two past mayors will be co-chairs and will meet with Derek Reeves and the City Manager to come up with where this Committee is going fi·om here. He explained this is not a "tree board"; this is to look at our parks, health of the City and an overall picture of how we can educate people and contractors; It is a committee for the beautification of Atlantic Beach. Commissioner Hill suggested the co-chairs stay focused on tackling three issues: 1) Balanced approach of restoration of trees while wrestling with property owner rights, 2) Replacing Sea Oats 3) Marsh which is constantly under pressure with developers and natural resource people. He explained there have been several attempts in the past to deal with this and none have survived the test of "political swing". He is hopeful that they can be successful with the good minds of the Committee. John November gave a presentation regarding a gazebo for the property contiguous to Tideviews. He explained the acquisition of the property and the $3,500 donation made for improvements at Tideviews. He reported that Tideviews has been transformed, the property values have increased around the park, and people are appreciative of the benefits that park provides. He explained that Anthony Rooney designed the gazebo and a formal presentation will be given at an upcoming Commission Meeting. He mentioned that the design was inspired by the organic lines of the marshland with the attempt to capture the beauty of the landscape through architecture. He referred to his slideshow and explained the proposed rendering of the gazebo and public memorial area with chairs, same as the Sunset Pier design: recycled materials, weatherproof, single chairs: Gazebo design with different height posts to give a curved effect with an overhang on each side, 8 x 10, all stainless steel, pressure treated lumber, resilient tinted fiberglass, which will provide a cascade of colors as the sun shines through. In his presentation, Mr. November explained that the proposed location is on the old Bennett Property at the marsh cut, where the sunsets north of the small dock with marsh views, an area not to block sunset views. He added that all funds have been donated so there will be no cost to the City. Minutes of the Town Hall meeting on October 15, 2016 Page 1 of7 AGENDA ITEM 18 NOVEMBER 14, 2016 Mr. November listened to comments from the audience and answered questions regarding the proposed design of the gazebo. Concerns were mentioned about it not being shaded enough, the size being too small, the location needing to be more out in the open, and using materials that are more natural, rather than industrial. Mayor Reeves suggested that Mr. November consider these recommendations before coming back to the Commission so that the concerns can be answered. John November explained how he envisioned the usage of the structure would be, noting it would serve the community to allow them to enjoy the sunset. He would like to see it become a more usable park over time. Mike Barno asked if this project continues, would it continue through the advisory committee for making a recommendation to the Commission and how will it fit in. Commissioner Stinson believes that some things would need to go through the Community Development Board first. Mayor Reeves clarified _that the Commission has realized that we want to do this Committee. The Commission wanted to do it right so they heard input from the community, and we have appointed the Advisory Committee. He mentioned that John November cannot be on the Committee because he is not a resident of Atlantic Beach. He added the Advisory Committee is to help build the responsibility and charge of the Committee, when they will meet, what recommendations that committee can bring, and how powerful that committee should be on guiding the City Manager and/or the Commission regarding improving our parks and our community for beautification. We are in process 1, which is in advisory, to help us form the Committee and their responsibilities. Then, we will go back and appoint people to the Committee. He explained that citizens interested in being on the Committee would be required to complete an application. The applicants will go before the Board Member Review Committee and the Board Member Review Committee will make recommendations on appointing members and bring those recommendations to the Commission. Commissioner Hill explained that the appointed advisory committee members are not excluded for consideration to the Committee, unless they do not meet the requirements and everyone will go through the regular process. The following are recommendations from citizens in the audience: • Computer rendition/simulation of the proposed gazebo • Solar panels with low lighting in the evening -low voltage lighting • More conventional design • Have the rafters come in at an angle to provide more shadows Mr. November reported the issues are: • Size • Sketch • Shade • Orientation • Placement Mr. November asked that if anyone has input on placement to contact him so they can walk it and talk it. Minutes of the Town Hall meeting on October 15, 2016 Page 2 of7 AGENDA ITEM 18 NOVEMBER 14, 2016 Mayor Reeves suggested Mr. November approach the Beaches Town Center with the proposed gazebo as an idea to be put in the Town Center. Mayor Reeves opened the floor for comments regarding the Committee. Chris Jorgensen mentioned things he would like to see the Committee consider as part of their Charge. 1) Considering looking at trees that need to be cut down, 2) IdentifY "dangerous zones" where needed, and 3) The expanded concept for the Beautification Committee as proposed instead of a Tree Committee. Suzanne Shaughnessy believes it should be more than a tree committee or tree board and likes the notion of a Natural Resources Advisory Committee. She suggested the Committee take up issues such as beach renourishment, noting a family-centered activity of planting sea oats would be wonderful. She explained that the criticism of citizen boards has been that when the Commission does not take the recommendation ofthe citizen board, the board gets disgmntled. As an Advisory Committee, the Committee can advise but whatever they recommend has to be passed by the Commission, and if it does not happen, she asked that they not whine about it because that would imperil the future of citizen boards. Don Ford indicated that one the most important responsibilities should be to review the tree ordinance. He described issues that affect the tree canopy and believes the city has a developer-friendly ordinance and we need to get back to protecting trees. Discussion ensued about property rights vs. community rights. He explained he was on the tree board for 15 years and our current ordinance has been "tweaked" in about 15 or 20 different places in favor of developers. Mayor Reeves wants the Advisory Committee to help with tree mitigation by advising where trees should be planted and plant ones that contribute to the tree canopy. He agreed with Mr. Ford that the ordinance needs to be looked at. Linda Lanier explained situations she has experience as a board member of the Community Development Board. She recommends having an annual report to our citizens on the status of our tree canopy, the health of our dunes, the health of our marsh, etc., noting it could reduce some of the panic because when something happens near you, it tends to be generalized to the whole community. Mayor Reeves questioned Derek Reeves about the $10,000 study. Derek Reeves indicated that the $10,000 study is focusing on parks and rights-of-way. He stated he can work on providing this type of report. Commissioner Hill remarked that you can look at historical aerial photographs and see that the canopy has been disappearing at an alanning rate. He explained when his neighbors did their addition, it completely changed their quality of life to the level that it is actually detrimental to their property value; all of their foliage died; and their air conditioning costs have nearly doubled. Commissioner Hill explained the importance of protecting the tree canopy and maintaining the City's historical beauty. He wants the Committee to adopt the idea that it becomes culturally important to the extent that we actually could enforce or modifY the affect that we have on someone's ability to cut or not replace trees. He explained that no matter what this Committee does, the existing canopy is in trouble already and is coming to the end of its natural life. He explained the importance of a replant process. Mike Bomo asked for clarification on what the Charge is going to be for this Advisory Committee. He believes the Advisory Committee will come back and tell the Committee, once it is established, what we believe they should be reviewing. He stated he is here to find out what the Advisory Committee is supposed to look at. He wants the right text of this. Minutes of the Town Hall meeting on October 15, 2016 Page 3 of7 AGENDA ITEM 18 NOVEMBER 14, 2016 Mayor Reeves suggested that every Commissioner have meetings with the co-chairs, the City Manager and Derek Reeves, as separate meetings, to express your feelings; filter the information; then sit down with the Advisory Committee and exchange ideas; then put it out to another Town Hall meeting for ideas; and have the community give feedback to the Commission so they can get a broad feeling. It is not a race; it is a step-by-step process. He feels that it is important to figure out how to educate the people and show them the value of the tree canopy. Commissioner Hill believes the Advisory Committee should sit down as a group and have a conversation first. Mayor Reeves explained that the Commission needs to give direction and not make it political; he wants the chairs to sit together to decide what is really needed. Judith Leroux explained that education is needed and that there is a lack of understanding when people first come to the City, and they build the big house and cut down trees that they do not know are taking away part of what they loved when they came here. She agreed with Commissioner Hill that it is impmiant to have an identity of what the City represents and that the trees add value. Commissioner Stinson addressed Mike Bomo's question about the Charge with a purpose of the Beautification and Natural Resource Preservation Advisory Committee stating he would assume that the Committee that is formed out of their work would be the Beautification and Natural Resource Preservation Committee. He believes the purpose of this Advisory Committee would be to determine how the actual Committee is going to address these kinds of things and he explained his point by giving examples. He believes the door is wide open for a highly-talented group of people to come back and tell us how to manage and improve the beautification of this city and the preservation of our natural resources which could be any number of things such as parks, beaches, trees, and art. Mr. Bomo agreed that that was how he envisioned it, but he wanted to hear it. Mayor Reeves explained why he wants to have the meeting with the co-chairs, city manager and planner. He stated that the co-chairs can call a meeting if they want; we are just trying to gather information to make sure we get it right; if anyone wants to be involved, we will listen to their feedback. He explained that if you don't want all those meetings, then don't chose to go; he is not saying this is how we are doing it; he is saying, this is how he is doing it to get the message out. Judith Leroux asked if the parks would fall under the umbrella of this committee, and suggested a possible subcommittee for the parks. Commissioner Hill believes that the Committee's concems should be over the natural resources such as trees, the beach, the parks and also the ordinances to correct all these things. He believes it is a big charge that is comprehensive and the Advisory Committee will think of more things that the Commission has not thought of yet He expressed confidence in the members of the Advisory Committee. He explained that not all areas are Oak canopy areas. He stated he misses the I 00 plus foot tall Royal Palms that used to be all over the city. He would like to have a few trees planted with a goal to get them 100 ft. again one day. Mayor Reeves explained a meeting he had in December 2015 with Commissioner Waters where he suggested forming the Committee and appointing her as Chair to run it and get it started. We are all in this together. Sally Clemens explained a scenario that occurred five years ago when they lost five trees and wanted to replant Through that experience, she had to rely on responsible people to give her guidance on which type of trees to plant for her needs. She would like for the Committee to include an education piece. Minutes of the Town Hall meeting .on October 15, 2016 Page 4 of7 Suzanne Shaughnessy summarized what she would like to see in a Charge: • Number of members for the eventual Committee AGENDA ITEM 18 NOVEMBER 14, 2016 • When the Advisory Committee will meet, which can be detennined once they have their first meeting and get input fi·om the members • Set limits as little as possible since they are serving only as an advisory committee. Ms. Shaughnessy explained she would like an Ordinance review since the current one ties mitigation with Jacksonville rates. She reiterated that "who", "what", "where", "when", and "why" should be answered and requested that the Commission limit the Advismy Committee as little as possible on the "what". Chris Jorgensen spoke about the Bennett property and thanked Mr. November for his involvement. Michael Hoffmann encouraged the Committee to: • Take a look at the area along Mayport Rd. that has been negatively impacted by highway construction projects, and add buffering wherever possible. He thanked the Commission for putting up the wind screen around Veteran's Memorial Park. He asked that the City keep the shrubbety growing to help the park. • Be proactive with the Johnston Island project and not permit amplified music or noise. Mayor Reeves explained that the credit for the wind screen goes to the City Manager, not the Commission. He thanked Mr. Hoffmann for recognizing that the City is listening to his concerns. City Manager Van Liere reported on plans to have for a shade cover at Tideviews. Discussion ensued about Johnston Island and Commissioner Hill and Mayor Reeves addressed concerns brought up by Mr. Hoffinann. Suzanne Shaughnessy shared that while she was Mayor, the idea was to make Johnston Island a jump off point for eco-tourism. Ms. Shaughnessy asked for a timeline, but realizes you have to factor into to it how often members can meet. They would like to be able to say we will give you a timeline based off people's availability. Commissioner Hill expressed concern about priorities changing because of our election, expressing he does not want to drag this process out into the election. Commissioner Stinson believes that the Advisory Committee should tell the Commission how much time they need and that no one wants to drag it out. He explained where this Committee is going to go, will take a burden off of other Committees and Board and it is up to the Advisory Committee to define this and bring it back to the Commission. He gave examples of issues that could fall under the future Committee. He expressed concern about giving this Advisory Committee much structure because he wants them to have freedom of flexibility to mold it in a way they feel is best. Mayor Reeves reiterated that they are not in a rush and stressed the importance of hearing others share their VISIOn. John November believes that the Advisory Committee's core work will get done when they get down to the details of what they are actually going to be charging the Committee with, noting it is important to have a first meeting probably where the Advisory Committee can talk about things generally and then after that, get into the hard choices that will need to be made. He explained, fi·om a human prospective, the Advisory Committee will have to balance the fact that we do not want to create a committee that is not working diligently on things, to avoid being disbanded. He stated we have to balance the ability to give a charge that is doable for our best and brightest people to take action regularly, but not so regularly that it becomes Minutes of the Town Hall meeting on October I 5, 2016 Page 5 of7 AGENDA ITEM 18 NOVEMBER 14, 2016 a burden. He would like to move forward and meet every week so they can get a response back to the Commission as soon as possible and get the good work of the actual Committee rolling. Commissioner Hill explained the Committee will be under tremendous pressure from lobbies, so he believes the membership should be citizen-based. Mayor Reeves stated he will have the City Clerk send the contact information for the Advisory Board to each of its members. When asked if the Advisory Committee could set their first meeting, Mr. Borno responded that the City Clerk should be contacted to find out the availability of meeting spaces, then have a meeting with the City Manager, then we can accept the first date and get everybody advised of the time and place and then start working from there. Suzanne Shaughnessy expressed concern about having the first meeting without having a set Charge. Mayor Reeves explained that the Advisory Committee will set the Charge for the Committee and the Commission will decide if they are going to change it, tweak it, or adjust it. Commissioner Hill explained the meetings will be Chaired by experienced members. Mayor Reeves wished Commissioner Waters' could have attended because she is knowledgeable about trees. He believes the City has been planting the wrong trees. Commissioner Hill added that they had planted in the way of traffic and you could not see around them. Diane Latta-Brandstaeller addressed wildlife coexistence and the missing of many domestic cats in recent weeks. She said the community concern of missing animals is that they think wildlife is taking over some areas and suggested trapping. Mayor Reeves indicated that the City is aware of the situation and is being looked into. He said that the City Manager is looking into the trapping idea and having them removed. He thanked her for bringing it to the City's attention. Mayor Reeves asked Commissioner Stinson to read his notes about the Charge for the Advisory Committee. Ms. Shaughnessy questioned whether they can take action on the Charge at this meeting. Mayor Reeves stated that the Commission will do the charge next Monday night. Commissioner Stinson explained based on the comments and questions about what the Advisory Committee should do, in broad term, he came up with the following: • How many members do they think should serve on the Committee? • How often is the committee going to meet? • What are the length of terms for each member? • What is the Structure of the Committee, chairs/co-chairs, etc.? • How long does the Advismy Committee think, after they meet, it will take to anive at a recommendation for the City Commission to actually get the Beautification and Natural Resource Preservation Committee formed? • The Over-arching goal is to focus on beautification and preservation of the natural resources of the City of Atlantic Beach and any other influencing factor that may contribute to the improvement or detriment of the beautification, preservation of the natural resources for the City of Atlantic Beach. Commissioner Stinson stated they are broad; it allows you to focus and work within your vast knowledge; and come back to the Commission with a recommendation. Minutes of the Town Hall meeting on October 15, 2016 Page 6 of7 I ' AGENDA ITEM 18 NOVEMBER 14, 2016 Mayor Reeves asked City Manager Van Liere to check with the City Attorney about whether the Sunshine Laws apply to this Advisory Committee. Several members replied that the Sunshine Laws do apply. Mayor Reeves decided there was no need to ask the City Attorney. City Manager Van Liere believes the Charge should include 1) The qualifications of the members of the Committee to be selected and 2) How often they are going to report to the Commission. Mayor Reeves would like to see a quarterly report. Commissioner Hill wants at least a quarterly report, and possibly a post meeting report during the formations part. Mayor Reeves suggested that at the beginning, they do monthly reports, then eventually spread it to doing them quarterly. Mike Barno was asked if they would be able to report once a month. He replied that a report could be done at least once a month and he believes once this Advisory Committee gets together and they get their tasking, their research and their homework, the Commission will get a report promptly at evmy Commission meeting. City Manager Van Liere reminded the Advismy Committee that if they talk about recommending something that is going to cost money, then in the early summer, June/July when we are putting together the budget together, would be the time to make a recommendation for those programs. Mr. Barno said they will have it way before that. Mr. VanLiere stated we may have to amend the budget midyear if that is the case. Mayor Reeves adjourned the meeting at 11:34 a.m. Attest: Donna L. Bartle, CMC City Clerk Minutes of the Town Hall meeting on October 15, 2016 Mitchell E. Reeves Mayor Page 7 of7 IN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING October 24, 2016 CITY HALL, 800 SEMINOLE ROAD City Attorney Brenna Durden City Manager Nelson VanLiere AGENDA ITEM 1C NOVEMBER 14, 2016 Mayor Mitchell E. Reeves Mayor Pro Tern Jimmy Hill Commissioner Harding Commissioner John Stinson Commissioner M. Blythe Waters City Clerk Donna L. Bartle Recording Secretary Dayna Williams Invocation and pledge to the flag Commissioner Waters gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:33p.m. Mayor Reeves explained the process for public comments for the Courtesy of the Floor to Visitors. 1. A. Approve minutes of the Regular Commission Meeting of September 26, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections to the minutes. Motion: Approve the Minutes. Moved by Stinson, Seconded by Waters Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors A. Representatives from FEMA-Brenda Gustafson, Intergovernmental Affairs Specialist and W Montague Q Winfield, Major General, USA (Retired), Director & Federal Coordinator, National Preparedness Division. Mayor Reeves recognized Jacksonville City Councilman for District 13, Bill Gulliford. Councilman Gulliford stated he is introducing emergency legislation to advance the funding of $7.5 million to the Corps of Engineers, along with authorizing the Mayor to execute the Memoradum of Understanding that the Corps has given to us to implement Duval County Beaches Dune Reparation. He is hoping we will pass this, as we have no assurance the Federal Government or the State will reimburse us. He stated the City Council Meeting will be held tomorrow at 5:00p.m. and encouraged the Commissioners to attend. He stated he would be happy to answer any questions at this time. Mayor Reeves suspended the rules of Comiesy of the Floor for Councilman Gulliford and for FEMA to allow the Commissioners to ask any questions they might have. AGENDA ITEM 1C NOVEMBER 14, 2016 October 24, 2016 REGULAR COMMISSION MEETING Page2 Mayor Reeves opened the floor for discussion. Commissioner Hill stated he would be unable to attend the meeting as he will be· out of town. He commented on our commitment as a community to the protection of our dunes with vegetation and foliage and the benefit it provided during this event. Mayor Reeves stated he is planning to attend the City Council Meeting tomorrow at 5:00p.m. and asked which Commissioners will be in attendance. Commissioner Stinson, Commissioner Harding and City Manager Van Liere said they are planning to attend. Commissioner Stinson commented on the beach entrances and the dunes that washed away. He noted the ones that have paths through the dunes, as opposed to those with boardwalks over the dunes, sustained much heavier damage and asked Councilman Gulliford if there were any conversations about restoring those or building more of the boardwalks. Councilman Gulliford said they had not gotten that far yet, but he agreed the crossovers provided better protection. He talked with a coastal engineer, Kevin Badge, about a better design for the dune entrances and Mr. Badge said there is some potential design work that could be done. Commissioner Waters thanked Mr. Gulliford for serving the beach community so well. Mayor Reeves moved Item 6A. Item 6A was taken out of sequence and acted on at this time. 6. Action on Resolutions A. Resolution No. 16-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING THE EMERGENCY APPROVAL BY THE CITY OF JACKSONVILLE OF ORDINANCE 2016- 720 AUTHORIZING THE APPROVAL OF AGREEMENTS WITH THE U.S. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS TO IMPLEMENT DUVAL COUNTY BEACHES DUNE REPARATION; REQUESTING EMERGENCY PASSAGE UPON INTRODUCTION; PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Resolution by title. Motion: Adopt Resolution No. 16-06 as read by title. Moved by Stinson, Seconded by Harding Mayor Reeves opened the floor for discussion. City Attorney Durden stated according to Section 219 in the Code the first motion would be to take it up as an emergency to allow it to be taken up as an emergency, and then the second motion would be to take up the resolution itself. Commissioner Stinson withdrew his motion. Commissioner Harding withdrew his second. Motion: Approve Resolution No. 16-06 as an Emergency Resolution. Moved by Waters, Seconded by Hill October 24, 2016 REGULAR COMMISSION MEETING There was no discussion. Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Motion: Adopt Resolution No. 16-06 as read by title. Moved by Stinson, Seconded by Harding There was no discussion. Roll Call Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED AGENDA ITEM 1C NOVEMBER 14, 2016 Page3 Mayor Reeves recognized the FEMA representatives and asked them to state their name and title. He reiterated that he is suspending the rules to allow the Commissioners to ask any questions they might have. Brenda Gustafson, Intergovernmental Affairs Specialist with FEMA. Q. Winfield, Director for Federal Preparedness for the Southeastern Region of the United States, but here for this disaster, he is Serving as a Liaison for Duval County. Mr. Winfield stated this aftemoon the President approved a Declaration for Duval County. He stated they normally set up a site, called a DRC (Disaster Recovery Center), and explained the process going forward to provide assistance to the survivors. Ms. Gustafson stated a press release will be issued to the public tomonow instructing residents how to apply to FEMA for assistance. She provided a toll free number for residents to call (1-800-621-FEMA) or go online to DisasterAssistance.gov. She encouraged residents to register as soon as possible. Commissioner Stinson stated he met with Ms. Gustafson last week and they discussed how to get this information to the residents and she spoke highly of the FEMA Mobile App. He asked her to elaborate on the app and explain what it allows FEMA to do with the information submitted by citizens. She gave a detailed explanation of the features and advantages of the app. Commissioner Stinson asked if they could speak to how well the City responded, where we could improve. Mr. Winfield stated the Govemor looked at what we did well, where we were lacking, in an effort to be better prepared the next time there is some type of emergency. He stated they discussed a couple of areas. One was sheltering, which we did extremely well, and second, the evacuation process, which seemed to go smoothly other than some traffic slow downs. He stated the county did extremely well overall. He stated we were able to get residents back into their homes quickly. Mayor Reeves asked how we could assess the losses and damage in a better fashion. Mr. Winfield stated the faster we can assess, the faster we can assist. He suggested we could improve how we collect the data by having a system where people can call in to a central location to repmi damages and losses. Commissioner Waters stated, in previous disasters, one of the hardest hit group of residents has been those that are less mobile, elderly, infi1m, those dependent upon public transportation, and the beaches October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 4 depend on JTA for their public transportation. She asked if they could speak to how we did addressing the needs of those who use public transpmiation or who needed aid or assistance to get to shelters. Mr. Winfield stated he did not have an oppmiunity to see that first hand, however, he saw the results and our plan worked well. Commissioner Hill asked what is available to small businesses who have suffered losses. In particular, he addressed a big event we had planned for the City (Web.com Tour) that was shut down due to Hun·icane Matthew. He stated it would have a significant impact on our community if it becomes an annual event, and he is looking for ways we could help them. Mayor Reeves stated those organizations have insurance to cover unforeseen losses. Mr. Winfield said if our City gets public assistance that is a great question to ask. Mayor Reeves opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Chris Jorgensen, 92 W. 3rd St., commented that putting rocks behind the dunes may be beneficial. He was glad to see the second TV in the Chamber. He agreed with a comment he heard from FEMA that the City should have a more aggressive tree pruning or trimming program. He thanked Fire and Rescue for handling his neighbor with a serious medical issue. Steven Fouraker, 387 6th St., thanked the City, Police, Public Works, the City Manager and the Mayor for doing a great job. He said our City drained so well, he is impressed. He thanked Commissioner Stinson and Commissioner Hill for their astute observations on the dunes and the crossovers to the beach. Patrick Fontaine, 31 Royal Palms Dr., asked why it was taking so long to pick up the debris and he thanked the Police for protecting their neighborhood when the power was out. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Major Public Works Projects FY15/16-Year End Status Repmi and Recreation Programs Special Events Report for August 2016. B. Award the contract to Beachcombers Nmih, Inc. for Beach Cleaning Services (Bid No. 1617-02) for a total annual cost of$29,618.98. C. Extend the annual contract for Janitorial Services for City Facilities (Bid No. 1213-06) for one final year at the current prices, term being October 1, 2016 to September 30, 2017, and rebid the contract in June of2017. D. Approve the revised Interlocal Agreement among the City of Jacksonville, City of Atlantic Beach, City of Jacksonville Beach, City ofNeptune Beach and the Commander, AGENDA ITEM 1C NOVEMBER 14, 2016 October 24, 2016 REGULAR COMMISSION MEETING Page 5 U.S. Naval Station Mayport, U.S. Navy and Commander, Naval Station Jacksonville, U.S. Navy for Conduct of the Sea and Sky Spectacular and authorize the City Manager to sign the agreement. E. Extend the contract for Street Sweeping and Vacuuming (Bid No. 1213-01) with USA Services of Florida, Inc. for one year at the current prices with the te1m being November 1, 2016 through October 31, 2017. F. Award Bid No. 1617-01: Repair of Electrical Motors and Pumps to Moline Electric for a term of 5 years, with an option to cancel after the 3rd and 4th year. G. Approve the Memorandum of Understanding between the City of Jacksonville and the City of Atlantic Beach for the Joint Operation of Dutton Island Preserve and authorize the Mayor to sign the Agreement. H. Authorize the City Manager to enter into a new one-year agreement with Langton Associates, Inc. for Grant Writing Services with the term being October 1, 2016 through September 30, 2017. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner would like to pull an item from the Consent Agenda for discussion. Commissioner Stinsonpulled Items B, E, and H. Commissioner Hill pulled Items B, E, F, and H. Motion: Approve Consent Agenda Items A, C , D & G as written. Moved by Stinson, Seconded by Hill There was no discussion on these items. Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED Mayor Reeves opened discussion for Item B. Commissioner Stinson questioned the large discrepancy in bid amounts between the three bids received. City Manager Van Liere explained the last time this was bid out we had four other bidders that came in about the same price as the low bidder. He stated the other two bidders are new to us and he does not feel they understood what they were bidding. Commissioner Stinson asked if we were satisfied with the services of Beachcombers North. City Manager VanLiere stated the staff is satisfied that they perfmm their job very well. Mayor Reeves discussed changing the way the bid specs are written so the job description is clearer. Discussion ensued. Motion: Approve Consent Agenda Item 4B. Moved by Stinson, Seconded by Harding Votes: Ayes: 4-Harding, Stinson, Waters, Reeves Nays: 1 -Hill MOTION CARRIED October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page6 Mayor Reeves opened discussion for Item E. Commissioner Stinson stated he has received complaints from citizens about the quality of work the contractor is doing. Mayor Reeves stated he has followed the truck and all they are doing is stirring up dirt and putting it back through the system. Public Works Director Don Jacobovitz concurred they do have problems spewing out dust or mud and stated he discussed the complaints today with the operations manager of USA Services of Florida, Inc. He stated the operations manager conceded that they do have problems when dealing with Miami Curbs,; it is not as efficient. Commissioner Hill asked to pull this item, as he is displeased with the quality of the job perfmmed and this is the third or fourth year he has had this same conversation. He stated he would be quieted if Mr. Jacobovitz could give him a tonnage or poundage of material removed. Mr. Jacobovitz stated he does not have the numbers of the tonnage, but it is a large amount. Mayor Reeves asked when their contract expires, and City Manager VanLiere stated October 31, 2016. Motion: Approve consent Agenda Item 4E. Moved by Waters, Seconded by Stinson Votes: Ayes: 4-Harding, Stinson, Waters, Reeves Nays: 1 -Hill MOTION CARRIED Mayor Reeves opened discussion for Item F. Commissioner Hill asked if this was a local company and Mr. Jacobovitz stated yes. Motion: Approve consent Agenda Item 4F. Moved by Waters, Seconded by Harding Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED Mayor Reeves opened discussion for Item H. Commissioner Stinson asked the City Manager to comment on the amount we are paying a contractor to submit and apply for grants versus the dollar amount of grants that we have received. City Manager Van Liere stated the $36,000.00 that they provide services for has paid for itself this year. He explained it is a task that goes across departments and it helps to have them focused on it with their expertise. Discussion ensued. Motion: Approve consent Agenda Item 4H. Moved by Stinson, Seconded by Waters Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED October 24, 2016 REGULAR COMMISSION MEETING 5. Committee Reports A. Appointments to the Code Enforcement Board AGENDA ITEM 1C NOVEMBER 14, 2016 Page7 Commissioner Stinson reported that the Board Member Review Committee (BMRC) met on Monday, October 17, 2016 to address the four vacancies (three regular members and one alternate member) on the Code Enforcement Board. He stated the Committee recommended reappointing Louis Keith and Richard Lombardi and appointing Ellen Glasser as a regular member and Mike Paschall as an alternate member for terms beginning immediately and ending September 30, 2019. The following day, Mr. Paschall notified the City Clerk Donna Batile to withdraw his application. Motion: Approve the appointments to the Code Enforcement Board as discussed. Moved by Waters, Seconded by Hill There was no discussion. Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED 6. Action on Resolutions A. Resolution No. 16-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING THE EMERGENCY APPROVAL BY THE CITY OF JACKSONVILLE OF ORDINANCE 2016- 720 AUTHORIZING THE APPROVAL OF AGREEMENTS WITH THE U.S. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS TO IMPLEMENT DUVAL COUNTY BEACHES DUNE REPARATION; REQUESTING EMERGENCY PASSAGE UPON INTRODUCTION; PROVIDING AN EFFECTIVE DATE. (This item was taken out of sequence and acted on earlier in the meeting.) 7. Action on Ordinances None. 8. Miscellaneous Business (Discussion only) A. Waiver No. 16-SAFW-241-Request for Waiver to allow a Finish Floor Elevation of 6.75 ft, in lieu of the minimum 7.5 ft. as required by City Code, Section 24-251(c), at 1201 Gladiola Street. Chief Building Official Dan Arlington explained the waiver request. Commissioner Harding asked if the finished floor elevations are included in the original documents submitted to the City for approval and did the building department miss the discrepancy in the original plans. Dan stated yes, they are included, and, no, it was not missed, we actually requested the 8.5 elevation and explained the pennit was subject to that elevation, which he (the contractor) agreed to. Commissioner Harding asked, during any pati of the inspection do we check to make sure they are within the specifications that were submitted in the original plans. Mr. Arlington stated we should have checked it though it is not required for us to check it because the contractor has been told what it should be. Mr. Arlington said we check it at the end, as an elevation certificate is required at the end to verify the 8.5. October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Mayor Reeves asked do we inspect when they start building the floor or do we wait until they finish. Page 8 Mr. Arlington explained the best practice of the City would be to ask for a survey at that time, but we failed to do that. Commissioner Hill asked where we are in the construction phase and is it owned by the contractor. Mr. Arlington stated it is finished and has been sold. Commissioner Hill asked if the buyer is aware of the conflict and Mr. Arlington stated yes. Scott Putnal, Right Angle Builders, 12436 Ft. Caroline Rd., contractor for the construction of the finished floor. Mayor Reeves asked Mr. Putnal, did he not submit a signed affidavit showing that he knew and would build to the correct elevation of 8.5 and, if so, explain why it is not 8.5. Mr. Putnal stated it was a gross oversight on his part. Mr. Putnal stated the house closed this past Friday and the homeowner has already secured flood insurance. Mayor Reeves asked if it was declared at closing to the mortgage company and the owner that this house could require a waiver. Mr. Putnal stated yes, it was disclosed to the buyer's power of attorney that there has to be a waiver. Mr. Putnal stated if he does not get the waiver he will lose his business. Discussion ensued. Commissioner Hill stated, going forward, something needs to be tied to the deed/contract to be certain the purchaser is aware of the issue and will not hold the City liable. He asked the City Attorney what mechanism might be used to put this in place. City Attorney Durden stated she would be glad to review the closing documents and determine whether or not it would be appropriate for the purchaser to aclmowledge that they understand what the requirements are, that they understand about the flood insurance and that they would release the City of Atlantic Beach from any responsibility if the waiver was granted. She stated our Code does allow for a waiver of this section, very specifically, in Section 24-191, so the City Code authorizes or creates an opportunity for a waiver if the Commission sees it to be proper. Commissioner Stinson asked for feedback from city staff as to how we are going to prevent this from happening again. Commissioner Waters asked Mr. Arlington how he could help the Commission not have to grant any more waivers such as this. Mr. Arlington explained when he first started in 2013 he saw that it was not included in our written policy to request a survey, so he sent out a memo stating we should request a survey at that point in construction. He said it is a written policy, it is not required, but it is best practice. He suggested we could utilize our new software, TRAKiT, to put a hold in the procedure to flag it at the slab inspection. Commissioner Waters asked if our current ordinance might be better written, or should we implement other changes to ensure better checks and balances. Stinson recommended the City Manager and staff should incorporate it in their procedures. Commissioner Harding commented that we already have established a policy for this procedure and we missed a step in the policy. He stated we must ensure that this does not happen in the future. Consensus: Move item forward to a public hearing on November 14, 2016. City Attorney Durden requested Mr. Putnal provide her with a complete closing package from the closing that occurred on Friday. Mr. Putnal agreed to give a copy of it to the City Manager and he will see that she receives it. 9. City Manager A. City Manager's Report. 90-Day Calendar (October 2016 through December 2016). City Manager VanLiere reported that he would like to add an item to the calendar. He stated Thursday, November 1oth at 3:00 p.m. in Russell Park, we plan to unveil the first Atlantic Beach Historical Marker. October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page9 He stated this was requested for Camp Atlantic Beach. He explained we had an application with the state and they finally approved it, made the marker and we now have it. City Manager VanLiere asked Public Works Director Don Jacobovitz, to give a briefing on where we are with debris pickup. B. Hurricane Update Don Jacobovitz addressed the delay in debris pickup. He explained pali of the delay was because we had to wait until FEMA declared it a disaster. He stated we had already stalied discussions before the hurricane to hire Ceres Environmental Services, who is our contractor. We had a contract in place with them, we just had to give them notice to proceed, which began Monday, October 1 01h. He explained we have been publishing a map every day showing where they have gone in the City. He stated another issue that came to light the very first day was the bagged debris, which the contractor picked up and took to the temporary debris site. The first load they took to the site with bags in it, the manager of the site made them open all the plastic bags and not bring any more plastic bags to the debris site. Mr. J acobovitz stated in over twenty-five years of picking up debris this is the first time he has seen that they did not allow bagged debris. He stated J. B. Coxwell, who is running the site, did not want contaminated mulch, so they disallowed bagged debris throughout the county. Mr. Jacobovitz stated the easy answer was to have Advanced Disposal remove the bagged debris, however, the City pays for it, and our goal is to pick up the bagged debris at the least cost to our residents and be reimbursed by FEMA. Discussion ensued. Commissioner Stinson asked Mr. Jacobovitz to address complaints that Public Works was picking up parks before the residents. Mr. Jacobovitz stated because it was a safety concern, as citizens are still using our parks in spite of areas we had taped off because they were unsafe. Discussion ensued. Mayor Reeves wanted to go on record that he is not receiving special treatment, he still has stuff in front of his house. Mayor Reeves stated he had discussions with Mayor Cuny when Mr. Jacobovitz could not get a response from Will Williams and people at the plant about whether they would take bags or not. Mayor Reeves stated his conversation with them was that there was a conflict about not having a contract to grind up the debris that we were hauling to Girvin Road, so they stopped taking our stuff. Mr. Jacobovitz stated they stopped for one night. He stated, when we first stalied on October 101h, he contacted Public Works in the City of Jacksonville and they said it was fine with the City of Jacksonville if the landfill would accept it. He called the landfill and they said fine, just haul it here. He stated we were hauling it for about 1 0 days and then someone figured out that we did not have our contract in order with them, they had given us the verbal permission to do it, but not the contract in place. Mr. Jacobovitz stated we had to get a piggyback contract to use the City of Jacksonville's contract with Coxwell to accept it at the temporary debris site to grind it. Mayor Reeves asked what is the dollar amount of the piggyback contract. Mr. Jacobovitz stated the terms were up to $500,000, which is the same amount we had given our hauler. Mayor Reeves stated he just wanted to make sure we are doing this legal and wanted to ask the City Attorney. He stated we were not under an emergency declaration and we have just entered into a half a million dollar contract with a contractor, with no bid, nothing. He stated the City Manager has the authority to sign any contracts or make purchases of$25,000 or below. He asked City Attorney Durden ifwe are legal in this contract or do we need to call a special meeting emergency action to approve this contract. October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 10 City Attorney Durden stated she has not seen any of the documents to which he is referring. She has not seen the emergency declaration, she has not seen the contract and therefore she cannot speak to the matter. Mayor Reeves stated he did not wish to stop the debris pickup, but wants to make sure that legally the City has not violated any state law of signing a half a million dollar contract that has not been approved by this Commission in any process. City Attorney Durden stated she would be glad to look at the documents, but it would be irresponsible of her to answer the question. Mayor Reeves asked the City Manager to explain this. City Manager Van Liere stated, in the years that he has been here, in the purchasing part of our Code of Ordinances, when there is an emergency he can exceed the $25,000. It does not mean an emergency declaration, like for FEMA. He read from the City Code of Ordinances, Sec. 2-3 3 8 (1) Scope of purchasing authority. He stated these are things that are also exemptions to the bid process and when there is an exemption to the bid process for emergencies, he has the authority to do that. He stated we typically come back and report to the Commission what we have done and this has been used many times and he gave examples. He reiterated, not because of an emergency declaration for a storm, but a city emergency. Mayor Reeves stated he understands that, he knows the difference. He stated he is still concerned that the City Manager has the authority to obligate the City to a half a million dollars, adding, if we do not get reimbursed, that is a lot of money. He stated, in his opinion, he believes some kind of special meeting should have been called and at least infonn the Commission that this was going to happen. A lengthy discussion ensued .. Commissioner Hill suggested the Mayor make a motion to declare an emergency so we can move on from this. Mayor Reeves stated he needed legal advice if we can even do that. Discussion continued. City Manager Van Liere stated he felt that what he has done is okay, and suggested the Mayor make a motion to authorize the City Manager to enter into a contract with J. B. Coxwell piggybacking on the City of Jacksonville not to exceed $500,000, which is basically what he signed. Mayor Reeves asked the City Attorney if it is okay to do that after the fact; he needs some legal advice. City Attorney Durden stated a contract can be brought forward after it has been entered into and ratified by the City Commission, if the City Commission chooses to do so. She referred to a copy of the Proclamation declaring the State of Emergency that the City Clerk passed over to her and she questioned whether it had been executed, which it was explained that the original one was. City Attorney Durden asked if there was another Proclamation that terminated the emergency and Mayor Reeves stated he sent an email to the City Clerk on October 13th to notify the Commissioners that the emergency declaration would be lifted at noon tomorrow, October 14th. Mayor Reeves stated Commissioner Hill made a very good point that we could declare an emergency, but the City Manager should come back to us, he does not have a contract, we do not have the back up, and he wants to be transparent. Mr. Jacobovitz stated we have a contract, a copy of the one Jacksonville properly put out, advertised and awarded. City Attorney Durden stated if she was provided with the contract in conjunction with the provisions in our Code, she could provide an opinion. City Manager Van Liere stated, because this is on a reimbursement basis, we will eventually need to do a budget ordinance to fund these contracts. He stated he has spoken with Jacksonville Beach and they have not done that either, but technically we will need to have an appropriation as well. In the effmi to October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 11 move quickly, that is why we piggybacked and gave them notice to proceed and he believes we are covered. Commissioner Hill stated, in lieu of spending additional time doing legal research to find the quickest way through it, we could make a motion to authorize these contracts. He stated we know we want the garbage picked up, we know there is a set fee, we are not going to get a bargain, and he feels we should do the most expedient action. Mayor Reeves stated he is still concerned about making a motion that might be in violation of the law. City Attorney Durden stated the Commission is allowed to enter into contracts for the collection of debris, that is not unlawful. Motion: To ratify the contract the City Manager has entered into on behalf of the City for debris and waste removal following Hurricane Matthew in the amount up to $500,000. Moved by Waters, Seconded by Hill (No vote was taken on this motion.) Mayor Reeves stated, before we do this motion, are we required to have a motion to suspend the rules because this was not on the agenda. Commissioner Hill asked if they should address the other contract with Ceres Environmental for $500,000. Commissioner Waters stated that contract is already in place; it is done. City Manager Van Liere commented that we also have the contract for the debris monitoring with DebrisTech not to exceed $100,000. He stated it is piggybacked with Jacksonville Beach. Mayor Reeves asked if we need to suspend the rules. Commissioner Stinson stated his understanding is we need to have a motion to go into an emergency session to address this. Motion: To go into an emergency session to address post storm debris pickup and other post storm related issues. Moved by Hill, Seconded by Waters City Attorney Durden advised they would need to vote on the motion for the emergency session first, before they could vote on the prior motion. Roll Call Votes: Ayes: 5-Hill, Stinson, Waters, Harding, Reeves Nays: 0 MOTION CARRIED Motion: To ratify the piggyback contract that the City Manager has entered into with J. B. Coxwell for debris management following Hurricane Matthew. Moved by Waters, Seconded by Hill (No vote was taken on this motion.) Commissioner Stinson requested that the motion be restated. Discussion ensued and it was decided the dollar amount should be included in the motion. Amended Motion: To ratify the piggyback contract that the City Manager has entered into with J. B. Coxwell for debris management following Hurricane Matthew not to exceed $500,000. Moved by Waters, Seconded by Hill October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 12 Commissioner Stinson commented, they had a roundtable discussion about communication and feels this is a good example. We could have ended this whole conversation had we been noticed that this was happening. He expressed that he would like to see that in the future. Roll Call Votes: Ayes: 5-Stinson, Waters, Harding, Hill, Reeves Nays: 0 MOTION CARRIED Motion: To ratify the piggyback contract with the City of Jacksonville Beach that the City Manager has entered into with DebrisTech for monitoring of debris removal within the City not to exceed $100,000. Moved by Waters, Seconded by Hill Commissioner Hill commented the shorter they have to monitor our trash, the better; we do not have a choice, but it is a tough one to swallow. Roll Call Votes: Ayes: 5-Waters, Harding, Hill, Stinson, Reeves Nays: 0 MOTION CARRIED Discussion ensued. Motion: To end the emergency session Moved by Stinson, Seconded by Waters Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Durden • Filed our response today in the Gate Petition case. She will forward it to the City Manager and the Commission tomorrow. • The Commission recently suspended enforcement of the sign code and she was tasked with trying to ascertain a reasonable budget for a complete rewrite of the sign code. She has spoken with several people who have done sign code revisions, including William Brinton, a lawyer with Rogers Towers Law Finn, who is a nationally recognized expert in the revision and constitutionality of sign codes. She stated Mr. Brinton is willing to assist the City of Atlantic Beach with the revision of the sign code. Mr. Brinton estimated the cost would be approximately $15,000. She recommends we authorize an engagement letter for Mr. Brinton to proceed. Mayor Reeves stated he felt we should have a workshop on this topic before moving it forward. Commissioner Hill stated he did not feel there was a need to go outside our staff to rewrite the sign code. Commissioner Stinson asked City Attorney Durden if Mr. Brinton gave her a time frame that this generally takes. She stated typically a three month process. Commissioner Waters stated historically it October 24, 2016 REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 Page 13 has been the practice of the City to look at best practices and other examples of well-written ordinances to utilize the resources that other cities have already put into an issue in writing our own ordinances. She is an advocate for not reinventing the wheel if we do not have to. Discussion ensued. The decision was made to have Mr. Brinton come to the Commission Meeting on November 14, 2016 to make his presentation. Commissioner Stinson requested the Community Development Board members be specifically noticed about Mr. Brinton's appearance on the 14th and City Clerk Bmile agreed to notify the members to attend the meeting. City Clerk Bartle • Attended the Public Records class in Jacksonville Beach, along with two other employees and believed it was very informative. Commissioner Harding • Asked for continued prayers for a member of our community, who is also a JSO officer, who is in serious condition in the hospital. Commissioner Waters • Commented how well the City handled the emergency response after and during Hurricane Matthew. She expressed gratitude and thanks to everyone. Commissioner Hill • Commented on the severe damage in Huguenot Park and how fmiunate we are in this city. • Pleased with the answer given about our debris pickup, and thanked Public W arks Director and the City Manager VanLiere for a well-thought-out response. Commissioner Stinson • Will be out of the country for the November 28th Commission Meeting. • Commented on discussions with ABET and First Act. • Thanked the City staff for all their hard work and quick responses. • Commented on the JSO officer who is having a very difficult time and asked for continued prayers for him and his family. Mayor Reeves • Stated it is very important to get the dunes back in good shape. • Attended the League of Cities in St. Augustine. • Encouraged the Commissioners to go to the Lifeguard Station and take a tour to see the damage to our beaches. • Commended Interim Chief Gualillo for taking care of our citizens and stepping up to take over for Chief Deal. • Commented on all the damage to St. Augustine and how blessed we are. October 24, 2016 Adjournment REGULAR COMMISSION MEETING AGENDA ITEM 1C NOVEMBER 14, 2016 There being no further discussion, Mayor Reeves declared the meeting adjoumed at 10:10 p.m. ATTEST: Donna L. Bmile, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer Page 14 William D. Brinton-Rogers Towers Georgia AGENDA ITEM 2A NOVEMBER 14, 2016 Chapter of the American Planning Association, Inc. before the United States Circuit Courts of Appeal for the First, Fourth, Fifth, Sixth, Eighth, Ninth, and Eleventh Circuits in connection with First Amendment, vested rights, land use, severance and related issues involving sign regulation, and has also participated in oral arguments on behalf of amici in cases before the U. S. Sixth and Eleventh Circuits. PUBLICATIONS AND PRESENTATIONS • Speaker, Florida Association of Counties (FACA) 2015 Midyear Seminar Program: Reed v. Town of Gilbert Sign Code (November 19, 2015) • Speaker, Michigan Association of Municipal Attotneys (MAMA): Something Old, Something New: Sign Regulation in the 21st Century (October 9, 2015) • Co-Presenter, 1000 Friends of Florida Webinar: Sign Regulation after Reed v. Town of Gilbert, AZ (September 16, 2015) • Co-Presenter, Lorman Education Services Webinar: Cunent Issues in Digital Billboards and Sign Regulations (August 27, 2015) • Co-Presenter, Strafford Publications, Inc. Webinar: Digital Signs and Billboards: Crafting and Enforcing Local Regulations (July 23, 2015) • Co-presenter, Strafford National Webinar: "Digital Signs and Billboards: Crafting and Enforcing Local Regulations" (July 2015). • Speaker, "Sign Regulation Update, Florida Municipal Attorneys Association (FMAA), 34th Annual Seminar (July 20 15). • Co-presenter, Lorman National Webinar: "CutTent Issues in Digital Billboards and Sign Regulations" (February 2015). • Co-author, "Regulating Billboards and Signs: First Amendment Considerations," Chapter 26.1, Florida Environmental and Land Use Law (The Florida Bar 2013). • Co-author, "Regulation of Billboards," Chapter 26.2, Florida Environmental and Land Use Law (The Florida Bar 2013). • Co-presenter, "Advertising on Right of Way-Navigating Beyond Acknowledgement Signs: Regulating Wall Murals What is Customary http://www .rtlaw.com/attotneys/william-d-brinton/ 1113/2016 William D. Brinton -Rogers Towers AGENDA ITEM 2A NOVEMBER 14, 2016 Use and How Do You Regulate It?,":National Alliance of Highway Beautification Agencies (NAHBA) (Apri12013). • Presenter, Scenic Miami Summit, The federal Highway Beautification Act and enforcement issues facing citizens in the City of Miami and Dade County, FL," ( Apri12013). • Speaker, "Sign Litigation: First Amendment and Related Issues," 31st Annual Seminar, Florida Municipal Attorneys Association (FMAA) (July 2012). • Panelist, Urban Areas and Local Jurisdiction Regulations, Modifications after Census, State's Use Urban Areas or City Limits? National Alliance of Highway Beautification Agencies Annual Education Conference (August 9, 2011). • Speaker, "Repoli from the National Sign Law Battleground~ Litigating Billboard Cases -First Amendment and Related Issues" Tennessee Municipal Attorneys Association (June 2011 ). • Co-presenter, Lorman National Teleconference: "Cunent Issues in Digital Billboards and Sign Regulations" (April2011). • Co-author: "The Constitutional Regulation of Political Signs during the Election Season," in the September/October 2010 issue ofiMLA's Municipal Lawyer Magazine. • Speaker, Sign Seminar, presented by Scenic Texas, Texas City Attorneys Association, Texas Municipal League, and Texas Conference of Urban Counties: "Current Issues in Sign Regulation" (September 16, 2010, Austin, Texas). • Panelist, Zoning and the Control of Outdoor Advmiising, National Alliance of Highway Beautification Agencies Am1ual Educational Conference (August 16, 2010, Madison, Wisconsin). • Co-presenter, Lmman National Teleconference: "Current Issues in Digital Billboards and Sign Regulations" (November 16, 2009; May 5, 2010). • Panelist, 2009 International Municipal Lawyers Association Annual (IMLA) Conference: "The Writing on the Wall: The Law of Signs and Billboards" (September 19, 2009, Miami, Florida). • Speaker, Billboard Seminar, presented by Scenic America and Scenic Missouri: "National Issues and Trends in Sign Regulations" (August 12, 2009, St. Louis, Missouri). http://www.tilaw.com/attomeys/william-d-brinton/ 11/3/2016 William D. Brinton -Rogers Towers AGENDA ITEM 2A NOVEMBER 14, 2016 • Panelist, Pilot Projects and Scenic Highways, National Alliance of Highway Beautification Agencies Annual Education Conference (August 11, 2009, Branson, Missouri). • Panelist, Sign Law Seminar: "National Trends and Issues in Sign Regulation," Tennessee Municipal Attorneys Association and Tennessee Chapter of the American Planning Association (Febtuary 26, 2009, Franklin, Tennessee). • Panelist, First Amendment Litigation Seminar-Pitfalls for the Unwary Local Government Atto1ney. 2008 New Jersey Institute of Local Govermnent Attorneys (November 19, 2008, Atlantic City, N.J.) • Panelist, Sign Regulation and the Law. 2008 Workshop for the New Jersey League of Municipalities (Novetnber 18, 2008, Atlantic City, N.J.) 2008 Conference of the National Alliance ofHighway Beautification Agencies: The Highway Beautification Act and "Custon1ary Use" (August 11, 2008 Kalispell, Montana). • Panelist, "Digital Billboards: Legal Issues," Transportation Research Board's 47th Annual Workshop on Transportation Law (San Diego, Califotnia, July 8, 2008) • "Do Billboard Structures and Cell Towers Avoid Their Tax Obligations to Local Governments?: A Discussion of Solutions to Solve the Loss of Tens of Millions of Dollars to Local Governments and School Boards," Scenic Symposium (AprillO, 200S, Jacksonville, Florida). • "Settlement Agreement Dos and Don'ts: Tips to Avoiding a Disastrous Settlement Agreement in Sign Code Litigation," Scenic Symposium (April 10, 2008, Jacksonville, Florida). • "The Sign Code Shakedown and Other Current Issues in Billboard Regulation and Litigation," New Jersey State League of Municipalities (November 15, 2007, Atlantic City, New Jersey). • New Legal and Legislative Fronts in the Billboard Battle, Federal Policy and Program Briefing, American Planning Association (October 1, 2007, Washington D.C.) • 2007 Annual Educational Conference on the Control of Outdoor Advetiising, Digital Technology (LED Signs), National Alliance of Highway Beautification Agencies (August 20, 2007, Jackson, Mississippi). http://www .rtlaw. corn/ attorneys/williatn -d -brinton/ 11/3/2016 William D. Brinton-Rogers Towers AGENDA ITEM 2A NOVEMBER 14, 2016 • "Regulating Billboards and Signs: First Amendment Considerations," Florida Environmental and Land Use Law (The Florida Bar 2007). • Legal Issues Facing City and County Governments: Billboard Regulation and Litigation, Alabama Bar Institute for Continuing Legal Education (ABICLE) (May 4, 2007, Orange Beach, Alabama). • Nonconforming Signs, American Association of State Highway and Transportation Officials (AASHTO)-Right-of-Way and Utility Subcommittee (May 2, 2007 Orlando, Florida). • "Best Practices for Drafting a Constitutional Sign Ordinance," Municipal Lawyer (IMLA January/Februmy 2007) (Co-author). • Successfully Defending Against First Amendment Clai:QlS in Sign and Billboard Cases, South Carolina Municipal Attorneys Association (December 1, 2006, Columbia, South Carolina). • "The Billboard Shakedown Scheme," The Commissioner (American Planning Association Fall 2006). • Sign Law Regulation-Ordinance Drafting and Litigation Strategies, International Municipal Lawyers Association Audio Conference (September 6, 2006, U.S. and Canada). • 2006 Conference of the National Alliance of Highway Beautification Agencies: (1) Act of God-Sign Removal: Comparison of Different States, (2) Stakeholder Coordination, and (3) Outdoor Advertising Control Legal Analysis (August 28-30, 2006, Cleveland, Ohio). • Hot Topics I-Signs, Florida Municipal Attorneys Association 25th Annual Seminar (July 22, 2006, Bonita Springs, Florida). • Planning Law Review, American Institute of Certified Planners' National Audio-Web Conference (June 28, 2006). • Combating the Free Speech Scam, American Planning Association's 2006 National Planning Conference (April26, 2006, San Antonio, Texas). • Sign Law, Scenic Texas, Inc. Conference (April 7, 2006, Austin, Texas). • Tennessee Municipal Attorneys Association (February 26, 2006). • The Florida Bar Environmental Law and Land Use Section Treatise: Regulating Billboards and Signs: First Amendment Considerations (2006). http://www .rtlaw.com/attomeys/william-d-brinton/ 11/3/2016 William D. Brinton-Rogers Towers AGENDA ITEM 2A NOVEMBER 14, 2016 • Litigating Billboard Cases-First Amendment and Related Issues, Alabama Municipal Attorneys Association, Midyear Law Conference (October 6, 2005, Destin, Florida). • Trends in First Amendment Litigation Against Local Government, 52nd Annual Institute of City and County Attorneys, Institute of Continuing Legal Education in Georgia, (September 24, 2005, Savannah, Georgia). • Trends in Billboard Litigation, North Carolina Association of Municipal Attorneys, 2005 Summer Conference (August 5, 2005, Wrightsville Beach, NC). • Billboards, Florida Association of County Attorneys (F ACA), June 2005 Conference (June 22, 2005, Tampa, FL). • Litigating Billboard Cases-First Amendment and Related Issues, Arkansas City Attmneys' Association Spring CLE (June 17, 2005, Hot Springs, Arkansas). • First Amendment Law, Litigating Billboard Cases: First Amendn1ent and Related Issues, International Municipal Lawyers Association Midyear Seminar (April10-12, 2005, Washington, D.C.). • Billboards Law-Litigating Billboard Cases, Fourth Annual Richard E. Nelson Symposium, University ofFlorida, (February 11, 2005, Gainesville, FL). • The Florida Bar's Annual Land Use Law Seminar: First Amendment Issues-Update on Billboards (November 5, 2004, Tampa, FL). • The Florida Bar's Annual Land Use Update: First Amendment Issues- Update on Billboards (November 8, 2002, Tampa, FL). • The Florida Municipal Lawyers Association: Hot Topics-Billboards (July 11-13,2002, Key Largo, FL). • Panelist, Urban Areas and Local Jurisdiction Regulations, Modifications after Census, State's Use Urban Areas or City Limits? National Alliance of Highway Beautification Agencies Annual Education Conference (August 9, 2011). • Speaker, "Report frmn the National Sign Law Battleground-Litigating Billboard Cases -First Amendment and Related Issues" Tennessee Municipal Attorneys Association (June, 2011). • Co-presenter, Lorman National Teleconference: "Cunent Issues in Digital Billboards and Sign Regulations" (April, 2011 ). http://www .rtlaw .com/attmneys/william-d-brinton/ 11/3/2016 William D. Brinton -Rogers Towers AGENDA ITEM 2A NOVEMBER 14, 2016 • Co-author: "The Constitutional Regulation of Political Signs during the Election Season," in the September/October 2010 issue ofiMLA's Municipal Lawyer Magazine. • Presenter: Lectures on First Amendment, Land Use, and Takings Law involving Billboards and Signage, and the Federal Highway Beautification Act (see below for more details). • Speaker, Sign Seminar, presented by Scenic Texas, Texas City Attotneys Association, Texas Municipal League, and Texas Conference of Urban Counties: "Current Issues in Sign Regulation" (September 16, 20 1 0, Austin, Texas). • Panelist, Zoning and the Control of Outdoor Advertising, National Alliance of Highway Beautification Agencies Annual Educational Conference (August 16, 2010, Madison, Wisconsin). • Co-presenter, Lonnan National Teleconference: "CutTent Issues in Digital Billboards and Sign Regulations" (November 16, 2009; May 5, 2010). • Panelist, 2009 International Municipal Lawyers Association Annual Conference: "The Writing on the Wall: The Law of Signs and Billboards" (September 19, 2009, Miami, Florida). • Speaker, Billboard Seminar, presented by Scenic America and Scenic Missouri: "National Issues and Trends in Sign Regulations" (August 12, 2009, St. Louis, Missouri). • Panelist, Pilot Projects and Scenic Highways, National Alliance of Highway Beautification Agencies Annual Education Conference (August 11, 2009, Branson, Missouri). • Panelist, Sign Law Seminar: "National Trends and Issues in Sign Regulation," Tennessee Municipal Attorneys Association and Tennessee Chapter of the American Planning Association (February 26, 2009, Franklin, Tennessee). • Georgetown University Law Center Continuing Legal Education, Litigating Regulatory Takings Claims: Billboard Legislation and the Takings Issue (October 19, 2001, Coral Gables, FL). • How to Organize a Successful Ballot Initiative, American Forests (September 7, 2001, Washington, D.C.). • Co-author: Three amendments to the Jacksonville City Charter adopted through the initiative and referendum process. The most recent amendment involved the establishment of minimum standards for tree http://www.rtlaw.com/attomeys/william-d-brinton/ 11/3/2016 William D. Brinton -Rogers Towers AGENDA ITEM 2A NOVEMBER 14, 2016 protection, conservation, and 1nitigation during development on a countywide basis. • Co-author: All seven editions of The Florida Bar's Construction Law and Practice (ed. 1983, 1991, 1994, 1997, 2002, 2006, 2011 and 2013). • Presenter: Lectures on Construction Law issues facing lawyers and design/construction professionals. Bar Association Memberships • The Florida Bar Court Admissions • U.S. District Courts, Northern District, Middle District and Southern District of Florida. • All13 U.S. Circuit Courts of Appeal, including the District of Columbia Circuit and the Federal Circuit. • Supreme Court of the United States Awards and Distinctions • The Best Lawyers in America (Cmnmercial Litigation), 2016-2017 • AV Preeminent Rating, Martindale-Hubbell • Florida Trend Magazine, "Legal Elite" (Commercial Litigation), 2012 • Florida Super Lawyers, Environmental Litigation Category, 2006 • Lawyer ofthe Year, Financial News & Daily Record, 1995 • Milestone Award for Citizen Advocacy, Jacksonville Community Council, Inc., 2005 • Prize for Civic Engagement, The Comtnunity Foundation for Northeast Florida, Inc., 2007 • The Public Trust Environmental Legal Institute's Behind the Scenery Award, 2015 • Mayor of City of Jacksonville's Environmental Award, 2015 http://www .rtlaw.com/attomeys/william -d-brinton/ 11/3/2016 William D. Brinton-Rogers Towers AGENDA ITEM 2A NOVEMBER 14, 2016 • International Municipal Lawyers Association's Amicus Service Award, 2015 • Scenic America, Inc.'s Distinguished Advocacy Award-Scenic Beauty and the Law, 2015 Professional and Community Involvement • President, Jacksonville Bar Association, 1991-1992 • President, Leadership Jacksonville, 1990-1991 • President, Jacksonville Community Council, Inc., 1998-1999 • Board of Directors, Scenic America, Inc., 1997-2003, 2004-2010 • Chair, Jacksonville Landscape Commission, 1998-2004 • Board of Trustees, The Community Foundation for Northeast Florida, Inc., 2007-Present http://www.tilaw.com/attorneys/william-d-brinton/ 11/3/2016 AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Employee Benefits -Insurance AGENDA ITEM 4A NOVEMBER 14, 2016 ~~ Q_ SUBMITTED BY: Catherine Berry, Esq., Human Resources Director l__b-) DATE: BACKGROUND: BUDGET: October 28, 2016 Two years ago, the City switched to United Healthcare as our health insurance provider, which represented a $160,000 savings over the then-current Florida Blue. Overall, the United Healthcare plans we offer have been great for the employees, and include Mayo Clinic in network. For the 2017 renewal, however, due to two very expensive claims, United Healthcare proposed a 26.7% increase in premiums. Our insurance broker, Harden, "went to market" and contacted the major providers of medical insurance serving Northeast Florida. They were able to get good rates from Aetna and Florida Blue, but with limitations that will adversely affect the care our employees receive. Neither Aetna nor Florida Blue's HMOs include Mayo in network and Florida Blue no longer includes the Borland Groover Clinic. Harden has continued to negotiate with United Healthcare, resulting in an overall increase in premiums of less than 8%, with just a few tweaks in benefits to our employees. The City currently pays a substantial portion of the premiums for medical insurance and the approved budget includes a 10% increase in premiums, so this proposal is within the budget. I have included a comparison of our current plans with the proposed new plans. The City also pays for basic life insurance for our employees, which includes the valuable EAP program, and those rates remain the same. In addition, Harden was able to negotiate good rates for the following voluntary benefit providers, which are paid 1 00% by the employee: Dental: Sunlife Vision: Humana Supplemental Life: Standard Short Term and Long Term Disability: Lincoln Supplemental plans: AFLAC If these recommendations are approved, the total cost to the City for premiums paid for health insurance, over those paid this year, is $65,744, which is under the amount budgeted. RECOMMENDATIONS: 1. Approve all employee insurances listed below effective January 1, 201 7 through December 31, 1 2017. AGENDA ITEM 4A NOVEMBER 14, 2016 2. Authorize the City Manager to sign relevant insurance and insurance renewal documents: City Sponsored: Medical -United Healthcare Life & Supplement Life (EAP is included)-Standard Voluntary Products: Dental -Sunlife Vision-Humana Supplemental Life-Standard Short and long term disability-Lincoln Supplemental Plans -AFLAC ATTACHMENTS: Harden Presentation REVIEWED BY CITY MANAGER: ---p;: ~f ~~ 2 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM SA NOVEMBER 14, 2016 Appointment of a City Commissioner to Chair the Board Member Review Committee Donna L. Bartle, City Clerk })~ November 2, 2016 The Board Member Review Committee (BMRC) was created by Resolution No. 05 -04 on April 11, 2005 and was later amended by Resolution No. 06-03 on February 13, 2006 and Resolution No. 12-08 on April 9, 2012. The purpose of the Board Member Review Committee is to encourage citizens to apply to serve on the City's boards and committees including requesting applicants to consider boards or committees other than those that they originally applied for, to review and consider available applications when vacancies occur, to consider recommending existing board and committee members to an additional term and to make recommendations to the Mayor as to which applicants to appoint to fill those vacancies. The Board Member Review Committee is comprised of six (6) members which includes a sitting City Commissioner serving as Chairman of the Committee. The "Commissioner" member shall serve a one-year term beginning on December 1st and is eligible for additional terms. This "Commissioner" member shall be appointed by the Mayor subject to the approval of the Commission. Currently, Commissioner John Stinson serves as the Chairman of the Board Member Review Committee and his first term will expire on November 30, 2016. RECOMMENDATION: Appoint a Commissioner to serve a one-year term as Chairman on the Board Member Review Committee beginning December 1, 2016. ATTACHMENT(S): Resolution No. 12 -08 ~ REVIEWED BY CITY MANAGER: -t1c (/~ ;?"uy RESOLUTION NO. 12-08 AGENDA ITEM SA NOVEMBER 14, 2016 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE NUMBER OF MEMBERS, APPOINTMENT OF MEMBERS AND MEMBERSHIP CRITERIA FOR THE BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, a Board Member Review Committee was created by the Mayor and Commission by Resolution 05-04 adopted on April 11, 2005 and amended by Resolution 06-03 which was approved on February 13, 2006, to review applications and make recommendations for the appointment and reappointment of members to the city's Boards and Committees, and WHEREAS, it is desirable to replace the City Manager as a member on this Committee with another citizen member. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows; SECTION 1. Creation: Resolutions 05-04 and 06-03 of the City of Atlantic Beach creating and amending the BOARD MEMBER REVIEW COMMITTEE shall be further amended as follows. SECTION 2. Purpose: The purpose of the Board Member Review Committee is to encourage citizens to apply to serve on the city's boards and committees including requesting applicants to consider other boards or committees than those that they originally applied for, to review and consider available applications when vacancies occur, to consider recommending existing board and committee members to an additional term and to make recommendations to the Mayor as to which applicants to appoint to fill those vacancies. SECTION 3. Membership: There will be a total of six (6) members on this Committee. The first member will be one of the sitting City Commissioners, who shall serve as chairman of the Committee, shall serve a one-year term and will be eligible for additional terms. Each one-year term for the Commissioner shall begin on December 1st. This member shall be appointed by the Mayor and be subject to the approval of the commission. The second, third, and fourth members shall be citizens of Atlantic Beach. They will be appointed by the Mayor subject to approval of the commission. The citizen members shall have backgrounds or experience in committee work or human resources. The citizen appointments shall serve two-year terms which will be staggered and be eligible to serve a second two-year term. The fifth member will be the chairman of the board or committee for which vacancy or re-appointment is currently being considered. They shall serve only for those meetings where membership on their board or committee is being considered. The City Clerk shall serve as a non-voting member and perform all necessary administrative duties. SECTION 4. Duties and Responsibilities (a) Review available applications for vacancies on city boards and committees and interview applicants as the Committee determines necessary to make informed recommendations. (b) Receive input on the needs ofthe boards and committees that have vacancies for consideration as to the geographical, professional and philosophical balances needed so that each of those boards and committees can successfully accomplish their intended purposes established by the Mayor and Commission. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Discussion on Special Magistrates SUBMITTED BY: Donna L. Bmile, City Clerk JJriJ DATE: November 1, 2016 STRATEGIC PLAN LINK: None AGENDA ITEM SA NOVEMBER 14, 2016 BACKGROUND: Mayor Reeves requested to have this topic on the November 14, 2016 Commission meeting agenda for discussion only and to include the following information in the packet. • Dangerous Dog Code • Contract with Jeb Branham, Esquire, Special Magistrate for Dangerous Dog Cases • Code Enforcement Board and Nuisance Control Board Code • Contract with Suzanne Green, P.A. Prosecuting Attorney for the Code Enforcement Board • Code Section 9-4 • City ofNeptune Beach's Special Magistrate Ordinance • City of Jacksonville Beach's Special Magistrate Ordinance. BUDGET: None. RECOMMENDATION: Discuss the topic and provide guidance to staff. ATTACHMENTS: As listed above. REVIEWEDBYCITYMANAGER: ----?1 , (/~ ~/ Atlantic Beach, FL Code of Ordinances Page 1 of 8 Sec. 4-9.-Injuries caused by animals. (a) If an animal is off of the property of its owner or of the property of the person who has custody of the animal and the animal attacks and injures any person or other animal/ the owner or person in custody of the animal shall be guilty of a violation of this article. (b) Violations of this section are punishable by a fine of five hundred dollars ($500.00). (Ord. No. 95-13-1061 § 11 7-8-13) State Law reference-Similar provisions/ F.S. §§ 767.10-767.16. Sec. 4-1 0. -Dangerous dogs. (a) Dangerous dogmeans any dog that according to the records of the appropriate authority: (1) Has aggressively bitten/ attacked/ endangered or has inflicted severe injury on a human being on public or private property; (2) Has severely injured or killed a domestic animal while off the owner's property; (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has/ when unprovoked/ chased or approached a person upon the streets/ sidewalks/ or any public grounds in a menacing fashion or apparent attitude of attack/ provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by the appropriate authority. (b) Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. (c) Severe injurymeans any physical injury those results in broken bones/ multiple bites/ or disfiguring lacerations requiring sutures or reconstructive surgery. (d) Proper enclosure of a dangerous dog means that the dog is securely and humanely confined on the owner's property within a house/ building/ locked pen or other enclosure that is designed to prevent the dangerous dog from escaping over/ under or through the enclosure (the "primary" enclosure). If the dog is maintained outside/ then a portion of the owner's property must be fenced with a secured perimeter fence of sufficient height and strength to prevent entry by the public and to prevent the dog's escape from the owner's property if the dog escapes from the primary enclosure. Within the perimeter fence/ the dog must be humanely confined inside a primary enclosure consisting of a locked pen/ kennel or other structure of adequate size that provides protection from the elements. The primary enclosure about: blank 10/3112016 Atlantic Beach, FL Code of Ordinances Page 2 of8 must have secure sides that are securely set into the ground or into a concrete pad, and it must have a secure top attached to all sides. The primary enclosure must be locked at all times when the dog is unattended by either the owner or a competent custodian eighteen (18) years of age or older. It is not considered a proper enclosure to simply chain, tether or otherwise tie a dog to an inanimate object, such as a tree or post, inside a perimeter fence. (e) Animal control authority means an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control laws of the city, county or state. In those areas not served by an animal control authority, the sheriff shall carry out the duties of the animal control authority under this act. (f) Animal control officer means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. (g) Ownermeans any person, firm, corporation or organization possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of eighteen (18), that person's parent or guardian. (Ord. No. 95-13-106, § 1, 7-8-13) State Law reference-Similar provisions, F.S. §§ 767.10-767.16. Sec. 4-11.-Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. (a) (1) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation may be impounded with the animal control authority. If the subject dog is not impounded, it shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. If the dog is within a private residence and the occupant of the residence or the owner of the suspected dangerous dog refuses to surrender it after a request by a LEO or ACO the animal control about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 3 of8 authority may obtain, from a court of competent jurisdiction, a warrant to seize the dog. Failure to surrender the dog upon request of the animal control officer is a violation of this section subject to a five hundred dollar ($500.00) fine and/or any applicable criminal penalty defined in state law. The address of where the animal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. (2) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (3) After the investigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process. The owner may file a written request for a hearing within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than twenty-one (21) calendar days and no sooner than five (5) days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph. (4) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within ten (1 0) business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph. (5) The owner of the dangerous dog shall be responsible for payment of all boarding fees if about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 4 of8 their dog has been impounded during the investigation, hearing or any appeal. (b) Within fourteen (14) days after the dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, that shall include at a minimum, the following information: name, address and telephone number of the dog's owners; the address where the dog is harbored if different from the owner's address; a complete identification of the dog including sex, color and any distinguishing physical characteristics, a color photograph of the dog. The certificate shall be renewed annually. The annual cost for such certificate of registration shall be one hundred dollars ($1 00.00). Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least eighteen (18) years of age and who present to the animal control authority sufficient evidence of: (1) A current certificate of rabies vaccination for the dog. (2) A proper enclosure to confine a dangerous dog as defined in subsection 4-1 O(d) and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. (3) Permanent identification of the dog, such as an electronic radio frequency identification device (RFID) implantation (microchip). (4) Liability insurance in the amount of at least three hundred thousand dollars ($300,000.00), or a surety bond on said dog of at least three hundred thousand dollars ($300,000.00), which bond shall obligate the owners of any such dog to pay to the City of Atlantic Beach and to any person injured by such dog any damages and expenses incurred as a result of the conduct of such dog or its owners. (5) The owner is responsible for payment of all boarding fees during the time it takes to complete these requirements. If the owner does not comply with all requirements of this subsection (b) within fourteen (14) days of the final case disposition, ownership reverts to the city and the dog shall be euthanized in an expeditious and humane manner. Notice of the potential humane destruction of the animal for failure to comply shall be included in the notice of final ruling on the dangerous dog. (6) Proof that the dog has been surgically sterilized by a veterinarian. (7) Dogs declared dangerous shall not be allowed in any off-leash dog park within the City of Atlantic Beach. (8) about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 5 of8 A dangerous dog declaration is permanent and may never be removed from the dog once the determination has been finalized and the time for all appeals has passed or the declaration has been affirmed on appeal. In the event the owner elects to submit proof of the required liability insurance rather than a surety bond, then in that event the owner must also submit proof that the owner has notified its liability insurance company, in writing, that the owner's dog has been classified as dangerous, together with written prooffrom the insurance company that it has been so notified and that there are no exceptions or exclusions in the insurance policy for dog bites or dangerous dogs. (c) The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous: (1) Is loose or unconfined. (2) Has bitten a human being or attacked another animal. (3) Is sold, given away, or dies. (4) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one (1) local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction. (d) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. No dangerous dog shall be chained, tethered or otherwise tied to any inanimate object, such as a tree, post or building that is outside its proper enclosure. (e) about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 6 of 8 Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes (f) This section does not apply to dogs used by law enforcement officials for law enforcement work. (g) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine of five hundred dollars ($500.00). (h) After a determination by the city that a dog is a dangerous dog, regardless of whether the owner has requested a hearing before the special magistrate or has filed an appeal to the county court, if the owner fails to comply with the requirements of this chapter after proper notice has been given, then the dog shall be impounded by the city and held pending final determination by the special magistrate and subsequent appeal, if any, to the county court. (Ord. No. 95-13-1 06, § 1, 7-8-13) Sec. 4-12.-Attack or bite by dangerous dog; penalties; confiscation; destruction. (a) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (1 0) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (b) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (1 0) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs about: blank 10/3112016 Atlantic Beach, FL Code of Ordinances Page 7 of8 and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. (c) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083, or 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (1 0) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (d) If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending. (e) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-13.-Bite by a police or service dog; exemption from quarantine. Any dog that is owned, or the service of which is employed, by a law enforcement agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-14.-Severe injury by dog; impoundment; destruction. Whether or not a dog has been previously classified as a dangerous dog, if a dog attacks a human, causing severe injury to or the death of the human, then an animal control officer shall be authorized to immediately impound the dog, placing it in quarantine, or otherwise impounding it for ten (1 0) business days. about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 8 of8 Thereafter, the dangerous dog may be destroyed in an expeditious and humane manner. If, prior to the ten-day time period, the owner notifies the animal control authority in writing of the owner's intent to challenge animal control authority's decision to destroy the dog, the animal control authority shall continue to impound the dog so long as the owner either posts bond, or pays by certified check payable to the city the estimated costs associated with impounding the dog, as estimated by the animal control authority. To appeal the animal control authority's final decision, the owner must file a written request for a hearing in the county court within ten (1 0) business days after the animal control authority's final written decision to destroy the dog. The owner shall be responsible for payment of all boarding costs, medical costs and other fees and charges associated with the animal control maintaining the dog, regardless of the outcome of any proceeding. Exceptions: This section shall not apply to police dogs, and it shall not apply to incidents when the human victim was engaging in criminal behavior, or when the human victim provoked and/or taunted the dog into attacking. (Ord. No. 95-13-106, § 1, 7-8-13) about: blank 10/31/2016 SPECIAL MAGISTRATE AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT is entered into this tO +~ day of March, 2014, between the CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and JEB T. BRANHAM, ESQUIRE, 3500 South Third Street, Jacksonville Beach, Florida 32250 (hereinafter "Special Magistrate"), who agree as follows: 1. The Special Magistrate agrees to act as a Code Enforcement Magistrate in order to hear and decide dangerous dog cases as provided in Chapter 4 of the Atlantic Beach Code of Ordinances and Chapter 162, Florida Statutes. 2. The Special Magistrate certifies that he is qualified under the laws of the State of Florida, to perform the above referenced services for the City . 3. The Special Magistrate shall attend hearings as necessary to hear and decide dangerous dog cases, and shall coordinate dates and times of any such hearings so that they are timely held . The Special Magistrate may also call special meetings as necessary to perform his responsibilities under this Agreement. 4. The Special Magistrate shall render his written findings of fact and conclusions of law within thirty (30) calendar days of the conclusion of the hearing on each case and shall issue an order affording the proper relief consistent with the authority granted by state law and the Atlantic Beach Code of Ordinances. The written order shall include a written and signed final determination on each charge brought against the defendant and the amount of the fine and costs. if any. 5. The Special Magistrate shall also hear and consider matters relating to repeat dangerous dog cases pursuant to state law and the Ordinance. 6. The City agrees to provide incidental clerical support to the Special Magistrate related to code enforcement matters . and responsibilities, including but not limited to case file maintenance, setting the hearing docket, sending notices to violators, providing a recording secretary, and any associated typing, mailing and copying requirements. Atlantic Beach, FL Code of Ordinances Page 1 of 14 DIVISION 2.-CODE ENFORCEMENT BOARD£81 Footnotes: ---(B)--- Editor's note-Section 1 ofOrd. No. 5-12-54, adopted jan. 9, 2012, amended Div. 2 in its entirety, in effect repealing§§ 2-141-2-151 and enacting similar new provisions in lieu thereof as§§ 2-141-2-151. Formerly, such provisions derived from Ord. No. 05-10-53, § 1, adopted Nov. 22, 2010; Ord. No. 5-10-52, § 1, adopted Nov. 22, 2010; Ord. No. 5-05-44, § 1, adopted Sept 2~ 2005; Ord. No. 5-03-42, § 1, adopted july 14, 2003,· Ord. No. 5-96-27, § 1, adopted March 25, 199~· Ord. No. 95-85-2~ adopted Feb. 25, 1985,· Ord. No. 95-81- 22, § 1, adopted Feb. 9, 1981; and Ord. No. 95-80-21, § 2, adopted Dec. 8, 1980. State Law reference-Local Government Code Enforcement Boards Act; F.S. Ch. 162. Sec. 2-141. -Created; membership; terms. (a) There is hereby created a code enforcement board of the city, which shall consist of seven (7) board members and one (1) alternate member, who shall serve on the board in the absence of board members, to be appointed by the mayor and approved by the city commission. All board members and the alternate member of the board shall be residents of the city and shall serve without compensation. Board members may serve a maximum of three (3) consecutive terms. Service as an alternate member, however, shall not preclude service thereafter as a board member for a maximum of three (3) consecutive terms. (b) The membership of the code enforcement board shall, whenever possible, include persons in the following fields: (1) Architect; (2) A businessperson; (3) An engineer; (4) A general contractor; (5) A realtor; (6) A subcontractor; (7) A person with zoning and building experience. (c) The initial appointments to the code enforcement board shall be as follows: (1) Two (2) members shall be appointed for a term of one (1) year. (2) Three (3) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. Thereafter, each term shall be for a period of three (3) years. (d) Any member may be reappointed from term to term upon approval of the city commission. (Ord. No. 5-12-54, § 1, 1-9-12) about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 2 of 14 Sec. 2-142.-Removal; filling vacancies. Members of the code enforcement board may be removed from office by the city commission for cause upon written charges and after public hearing. Any member who fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chair shall have his/her office declared vacant by the code enforcement board, and the city commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and approval of the city commission for the unexpired terms affected. (Ord. No. 5-12-54, § 1, 1-9-12) Sec. 2-143.-Meetings; election of officers; quorum. (a) At the first meeting of the code enforcement board, the members of the board shall elect a chairman and a vice-chairman to preside in the absence of the chairman. The presence of four (4) or more members shall constitute a quorum necessary to take action. (b) Special meetings of the board may be convened by the chairman upon the giving of notice thereof to each other member of the board. Unless waived by a majority of the board, notice of a special meeting shall be given at least twenty-four (24) hours prior thereto. (Ord. No. 5-12-54, § 1, 1-9-12) Sec. 2-144. -Minutes of hearings; clerical and administrative personnel. Minutes shall be maintained of all hearings held by the code enforcement board, and all hearings shall be open to the public. The city commission shall provide clerical and administrative personnel as may be reasonably required by the board for the proper performance of its duties. (Ord. No. 5-12-54, § 1, 1-9-12) Sec. 2-145. -City attorney. The city attorney shall either be counsel to the code enforcement board or shall represent the city by presenting cases before the board; but in no case shall the city attorney serve in both capacities. Each case before the board shall be presented by either the city attorney or by a member of the administrative staff of the municipality. (Ord. No. 5-12-54, § 1, 1-9-12) about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 3 of 14 Sec. 2-146.-jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following: (1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida Statutes, except as provided in section 2-146.1 below. (2) State of Florida Building Code, administration section of Chapter 553, [Florida Statutes] as adopted by the State of Florida and by the city. (3) International Property Maintenance Code as adopted by the city. (4) All other local codes and ordinances as allowed by Chapter 162, Part 1., Florida Statutes, Local Government Code Enforcement Boards, as it may be amended from time to time. (b) The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions of subsection (a) may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. (Ord. No. 5-12-54, § 1, 1-9-12; Ord. No. 5-13-59, § 1, 7-8-13) Sec. 2-146.1.-jurisdiction of special magistrate. (a) A special magistrate or special magistrates shall be appointed and removed by the city manager subject to the approval of the commission and shall have the jurisdiction and authority to hear and decide alleged violations of the section 4-10, dangerous dogs, section 4-11, classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. Appointment of the special magistrate shall be made on the basis of experience and interest in the subject matter. A special magistrate must be a member in good standing of the Florida Bar. (b) The special magistrate shall receive such compensation as determined by the commission. (c) The special magistrate shall have the power to: (1) Adopt rules for the conduct of the hearings. (2) Subpoena alleged violators and witnesses to hearings. (3) Subpoena evidence. (4) Take testimony under oath. (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 4 of 14 (d) The special magistrate may impose fines to cover all costs incurred by the city in enforcing its codes. Criteria that the special magistrate may consider include, but is not limited to, the following: (1) The gravity of the incident giving rise to the dangerous dog declaration. (2) Any previous animal control violations. (3) Any actions taken by the dog owner to prevent or correct aggressive behavior. (4) The complexity and resources required to complete the investigation. (5) The cost and outcome of the hearing. (Ord. No. 5-13-59, § 2, 7-8-13) Sec. 2-147.-Procedure; enforcement and hearings. (a) Enforcement procedures. (1) For the purpose of this division, "code officer" means any authorized agent or employee of the City of Atlantic Beach whose duty it is to insure compliance with the code and ordinances of the city. (2) It shall be the duty of the code officer to initiate enforcement proceedings of the various codes and ordinances. No member of the board shall have the power to initiate such enforcement proceedings. (3) Except as provided in subsections (4) and (5) below, if a violation of the codes or ordinances is found, the code inspector shall first notify the violator and give him/her reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code officer shall notify the board and request a hearing. The board or their clerical staff shall schedule a hearing and notice of such hearing shall be provided to said violator pursuant to subsection (d) or this section. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code officer, the case may be presented to the board even if the violation has been corrected prior to the hearing, and the notice shall so state. (4) If the code officer has reason to believe a violation or the condition causing a violation presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the code officer shall make a reasonable effort to notify the violator and may immediately notify the board and request a hearing. (5) about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 5 of 14 If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the board and request a hearing, the board, through their clerical staff, shall schedule a hearing and shall provide notice pursuant to subsection (d) of this section. The case may be presented to the board even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. "Repeat violation" means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision with five (5) years prior to the violation, notwithstanding the violations occur at different locations. (6) If the owner of property to which is subject to an enforcement proceeding before the board, or a court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: a. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. b. Deliver to the prospective transferee a copy of the pleadings, notice, and other material relating to the code enforcement proceeding received by the transferor. c. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceedings. d. File a notice with the code officer or clerical staff of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, with five (5) days after the date of the transfer. A failure to make the disclosures described in paragraphs a., b., and c. before the transfer creates a rebuttable presumption of fraud, if the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided reasonable period of time to correct the violation before the hearing is held. (b) Hearing process. (1) Administrative support staff for the board shall establish annually a schedule of periodic meetings. In addition, upon request of the code officer, or at such other times as may be necessary, the chair of the board may call a hearing of the board. (2) about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 6 of 14 Upon scheduling of a hearing, the board shall cause notice therefore to be furnished to the alleged violator by such methods as described in subsection (d) of this section. Said notice of hearing shall contain the date, time and place of the hearing and shall include the sworn statement of the code inspector setting for the nature of the violation and reference to the appropriate code or ordinance. (3) Assuming proper notice of the hearing has been provided to the alleged violator as provided in subsection (2) above a hearing may proceed in the absence of the alleged violator. (4) At the hearing, the burden of proof shall be upon the city to show, by a preponderance of evidence that a violation does exist. (5) All testim0ny shall be under oath and shall be recorded; the board shall take testimony from the city and alleged violator, and from such other witnesses as may be called by the respective parties. (6) Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. (7) Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible State of Florida Rules of Evidence. (8) Any member of the board, or attorney appointed to serve as counsel to the board, may inquire of any witness before the board. The alleged violator, or the violator's attorney or representative, and the city shall be permitted to inquire of any witness before the board and shall be permitted to present brief opening and closing statements. (9) At the conclusion of the hearing, the board shall issue finding of fact, based on evidence of record and conclusion of law, and shall issue an order affording the proper relief consistent with powers granted by Chapter 162, Florida Statutes, the ordinance and any other ordinance granting authority to the code enforcement board. In a board hearing, the finding shall be by motion approved by a majority of those members present and voting; except that at least four (4) members of the board must cast a vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine will be imposed should the compliance not be achieved and, under the conditions specified in subsection 2-149(b) of this division and any such costs incurred in the prosecuting this case may be included along with the fine if the order is not complied with by said date. The order shall be reduced to writing and mailed about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 7 of 14 to the alleged violator with fifteen (15) working days after the hearing. A certified copy of such order may be recorded in the public records of Duval County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order showing compliance. (1 0) The city shall present each case before the board. If the city prevails in prosecuting a case before the board, it shall be entitled to recover all costs incurred in prosecuting the case. (c) Rehearing. (1) An aggrieved party, including the City of Atlantic Beach, may request a rehearing ofthe initial order of the board. Any such rehearing shall be filed within ten (1 0) days of the execution of the order to be appealed. Consideration of a request for rehearing shall be scheduled by the administrative staff for the next available hearing date by the entity that issued the order. Notice of the hearing date shall be provided by the administrative staff via first class mail to the entity that files the request for rehearing. (2) Any request for rehearing must be made in writing and be based on the following grounds: a. That there exists new and material evidence which, if introduced at the hearing, would probably have changed the code enforcement board decision and could not with reasonable diligence have been discovered before and produced at the hearing; and b. Given this evidence, the order issued is contrary to the law and evidence. (3) A request for a rehearing shall not toll the time for the taking of an appeal nor shall it toll any fines mandated by the order in question, should the request for rehiring be denied. (4) If the request for rehearing is granted, the code enforcement board shall schedule the case for consideration at a future hearing, to be heard de novo. (d) Notice requirements. (1) All notices required by this part shall be provided to the alleged violator by: a. about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 8 of 14 Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the city code enforcement staff or administrative staff of the code enforcement board by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs (d)(2)d. and e. and by first class mail directed to the addresses furnished to the City of Atlantic Beach with a properly executed proof of mailing or affidavit confirming the first class mailing; b. Hand delivery by the sheriff or other law enforcement officer, code officer, or other person designated by the City of Atlantic Beach. c. Leaving at the violator's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the notice; or d. In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in section 2-147[(d)] of this division, at the option of the board, notice may also be served by First-Class Mail and publication or posting, as follows: a. Such notice shall be published once during each week for four (4) consecutive weeks (four (4) publications being sufficient) in a newspaper of general circulation in Atlantic Beach. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. b. Proof of publication shall be made as provided in F.S. § 50.041 and § 50.051. c. Proof of publication shall be made as provided in F.S. § 50.041 and§ 50.051. d. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. e. Notice by publication or posting may run concurrently with, or may follow, and attempt or attempts to provide notice by hand delivery or by mail as required by subsection (d) of this section. f. Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (d)(1) of this section, together with proof of publication or posting as provided in subsection (d)(2) of this section, shall be sufficient to show that the notice about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 9 of 14 requirements of this division, shall be sufficient to show that the notice requirements of this division have been met, without regard to whether of not the alleged violator actually received such notice. (Ord. No. 5-12-54, § 1, 1-9-12) Sec. 2-148. -Powers. The board shall have the power to: (1) Adopt rules for the conduct of their hearings. (2) Subpoena alleged violators and witnesses to their hearings. (3) Subpoena records, surveys, plats and other documentary evidence to its hearings. (4) Take testimony under oath. (5) Issue orders having the force and effect of law, commanding whatever steps are necessary to bring a violation into compliance. (6) Establish and levy fines pursuant to subsection 2-149(b). (Ord. No. 5-12-54, § 1, 1-9-12) Sec. 2-149.-Administrative fines; cost of repairs; contestes; liens; money judgments. (a) The board, upon notification by the code officer that an order of the board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in the section for each day the violation continues past the date set by the board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the violation is a violation described in subsection 2-147(b)(9) of this division, the board shall notify the city commission, which may authorize the making of all reasonable repairs which are required to bring the violations into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to the section. Making such repairs does not create a continuing obligation on the part of the city to make further repairs to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for the issuance of the order imposing the fine. A fine imposed pursuant to the section shall not exceed five hundred dollars ($500.00) per day for a first violation and shall not exceed two hundred fifty about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 10 of 14 dollars ($250.00) per day for a repeat violation, and, in addition, may include all costs incurred in the enforcing this ordained and all costs of repairs pursuant to this section. If after due notice and hearing, the board finds a violation to be irreparable or irreversible in nature, it may order the violation [violator] to pay a fine not to exceed five thousand dollars ($5,000.00) per violation. (b) In determining the amount of the fine, if any, the board shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (c) The board may reduce a fine imposed pursuant to this section at any time. (d) Notice of finding by the code officer of noncompliance with the prior order of the board shall be mailed to the violator. The violator may contest in writing the findings of the code officer. Such contest must be postmarked within ten (1 0) days of the postmark date on the noncompliance notice and mailed to the administrative staff as designated by the board. Upon receipt of a contest letter, the administrative support staff for the board shall provide notice to the violator of the contest hearing date and time. If the violator, after filing the written contest, fails to attend the next noticed meeting, the violator's contest shall be considered withdrawn by the board. Any review of a contest heard under this section shall be constrained to whether the code officers finding of noncompliance are supported by the evidence presented that the violation as the date of the inspection remained uncured. At the hearing, the burden of proof shall be upon the violator to show, by a preponderance of the evidence that a violation did not exist at the time of the inspection. Upon hearing from the violator or his attorney and the administrative staff, the board shall either dismiss the case or uphold the finding of the code officer. (e) Following the failure of the violator to file a contest within the time permitted under the above section, or the upholding of the finding of the code officer by the board, a certified copy of an order imposing a fine, or a fine plus repair costs may be recorded in the public records of Duval County, Florida, and thereafter, shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but, such order shall not be deemed otherwise to a court judgment except for the enforcement purposes. (f) about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 11 of 14 A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the City of Atlantic Beach and the board may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months for the filing of any such liens with remains unpaid, the board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provision of this section may be foreclosed on real property which is a homestead under Section 4, Article X of the Florida State Constitution. The money judgment provision of this section shall not apply to real property or personal property which is covered under Section 4(a), Article X of the Florida Constitution. (Ord. No. 5-12-54, § 1, 1-9-12) Sec. 2-150.-Duration of lien. (a) No lien provided by this division shall continue for a period longer than twenty (20) years after the certified copy of an order imposing the fine has been recorded, unless with that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fees that it incurs in the foreclosure. The city shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien affected by the commencement of the action to foreclose shall not be good against the creditors or subsequent purchasers for valuable consideration with notice, unless a notice of lis pendens is recorded. (b) In circumstances where the City of Atlantic Beach's interest in a property has been foreclosed and the property has been sold at a foreclosure sale, the city's lien is not satisfied, but removed from the subject property by a final judgment issued by the court. Upon request, the city will prepare and record a partial release of lien to release the subject property from the code enforcement lien upon payment of fees for costs and services charged to the requesting party. (Ord. No. 5-12-54, § 1, 1-9-12) Sec. 2-151.-Appeal. (a) about: blank 10/31/2016 Atlantic Beach, FL Code of Ordinances Page 12 of 14 An aggrieved party, including the city commission, may appeal a final administrative order of the board to the circuit court. Any such appeal shall be filed with thirty (30) days of the execution of the order to be appealed. (b) Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the board. (c) The board shall, by rule, establish reasonable charges for the preparation of the record to be paid by the appealing party. (Ord. No. 5-12-54, § 1, 1-9-12) Sees. 2-152-2-160.-Reserved. DIVISION 3.-NUISANCE CONTROL BOARD[9l Footnotes: ---(9)--- Editor's note-Ord. No. 95-89-40, §§ 1-9, adopted june 12, 1989, did not specifically amend the Code; therefore, inclusion as§§ 2-161-2-169 was at the discretion of the editor. Cross reference-Nuisances, Ch. 12. Sec. 2-161.-Created. Pursuant to F.S. § 893.138, an administrative board to be known as the "public nuisance control board" is hereby created. The word "board" when used in this division shall be construed to mean the said "public nuisance control board." (Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Sec. 2-162.-Membership. The members of the code enforcement board shall constitute the members of the public nuisance control board. (Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Sec. 2-163-2-166. -Reserved. Editor's note-Section 1 of Ord. No. 95-09-99, adopted May 26, 2009, repealed §§ 2-163-2-166, which pertained to designation of chairman and vice chairman; and certificate of appointment or reappointment, and derived from Ord. No. 95-89-40, adopted june 12, 1989. about: blank I 0/31/2016 Atlantic Beach, FL Code of Ordinances Page 13 of 14 Sec. 2-167.-Complaints; hearings; declaration of public nuisance. (a) The board shall hear complaints regarding certain nuisances as described herein. Any place or premises that has been used: On more than two (2) occasions within a six-month period, as the site of a violation of F.S. § 796.07 prostitution; on more than two (2) occasions within a six-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; on more than one (1) occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one (1) occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance under F.S. § 893; by a criminal gang for the purpose of conducting criminal gang activity as defined by F.S. § 874.03; on more than two (2) occasions within a six-month period, as the site of a violation of F.S. § 812.019 relating to dealing in stolen property; may be declared to be a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this section. (b) Any employee, officer or resident of the city may bring a complaint before the board after giving not less than three (3) days' written notice of such complaint to the owner of the place or premises at his last known address. Any such complaint shall be filed with the code enforcement officer. (c) The board shall conduct a hearing during which the owner of the premises shall have an opportunity to present evidence in his defense. Such evidence shall include any action taken by the owner to abate the nuisance and the time frame, after notice to him, within which such action was taken. After considering all evidence, including evidence of the general reputation of the place or premises, the board may declare the place or premises to be a public nuisance as described herein. (d) If the board declares a place or premises to be a public nuisance, it may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises; or (3) The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. Any such order entered shall expire after one (1) year or at such earlier time as stated in the order. (Ord. No. 95-89-40, § 7, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Sec. 2-168.-Permanent injunctions. about: blank 10/3112016 Atlantic Beach, FL Code of Ordinances Page 14 of 14 The city may bring a complaint under F.S. § 60.05 seeking a permanent injunction against any nuisance described herein. (Ord. No. 95-89-40, § 8, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Sec. 2-169. -Restrictions. This division does not restrict the right of any person to proceed under F.S. § 60.05 against any public nuisance. (Ord. No. 95-89-40, § 9, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09) Sees. 2-170-2-225. -Reserved. about: blank 10/31/2016 EMPLOYMENT CONTRACT THIS AGREEMENT is made this J..1-M day ofMay, 1998, by and between the parties, Suzanne Wonall 9reen, P.A., Code Enforcement Attorney (hereinafter refened to as "Attorney" and the City of Atlantic Beach (hereinafter refened to as "Atlantic Beach"). WITNESSETH: WHEREAS, Suzanne Wonall Green has served as Prosecuting Attorney for the Code Enforcement Board from April 29, 1992 to the present time; and WHEREAS, The City of Atlantic Beach desires that Suzanne Won·all Green continue as the Prosecuting Attorney for the Code Enforcement Board and to fix her duties and -. compensation, including certain benefits. NOW THEREFORE, based upon the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by both patiies, it is agreed as follows: 1. Suzanne Worrall Green, having previously been appointed Atlantic Beach Prosecuting Attorney for the Code Enforcement Board, shall continue in said position beginning YJ1a )I ,;{ 1 J I 9,9£ · , according to the terms as set forth herein. The Attorney shall perform the functions and duties specified in the City Charter, Code of Ordinances, and such other legally permissible and proper duties and functions as the City of Atlantic Beach or the Code Enforcement Board shall from time to time assign. 2. The City shall pay to the Prosecuting Attorney an hourly rate of ONE HUNDRED AND TWENTY FIVE DOLLARS AND 00/100 ($125.00), which sum shall be paid monthly by the tenth (1 01h) day of each month. In return for said payment, the Attorney shall perform all ' f prosecuting legal work for the Code Enforcement Board as required by the Ordinances of the City of Atlantic Beach and Florida Statutes. The Attorney's work, in return for said payment, shall include, but not be limited to: attendance at all regularly scheduled and specially called meetings of the Code Enforcement Board; advise the Code Enforcement Officer in all matters concerning the prosecution of violations before the Code Enforcement Board and those matters which may concern violations that would come before the Code Enforcement Board; review any and all documents necessary for the prosecution of code violations on an as-needed basis; and provide written legal opinions on any matters when requested by the code enforcement officer. In addition, the City may determine it desirable to review the hourly rate as similar consideration is given for other employees generally. The Attorney agrees her amount of compensation shall not exceed TWO THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($2,500.00) per annum unless authorized by the City or the City Commission of Atlantic Beach. 3. In addition, the Attorney shall be reimbursed for all out-of-pocket expenses as are reasonably expended in support of her position as Code Enforcement Attorney. The Attorney shall render bills to the City for fees and costs on a monthly basis, and such bills shall detail work performed and time spent. 4. The City may terminate the employment of the Attorney hereunder without notice, (a) upon the Attorney's failure to promptly and adequately perform the duties required of her by the City, such performances to be judged by the City, or (b) upon the Attorney's breach of any provision hereof, or (c) for other good cause which shall include, but shall not necessarily be limited to, habitual absenteeism, a pattern of conduct which tends to hold the City up to ridicule, conduct Chapter 9-HUMAN RELATIONS Sec. 9-4.-Complaints. (a) An aggrieved individual may, under this article, file a complaint with the city clerk and request a hearing before a special magistrate within sixty (60) days to determine if the alleged person committed a discriminatory practice prohibited by this article. If the special magistrate finds that a discriminatory practice has been committed or is about to be committed, the special magistrate may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the discriminatory practice including, but not limited to, a temporary or permanent injunction or other equitable relief, a temporary restraining order, or an award of actual damages, including back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or other such relief as the special magistrate deems appropriate. (b) Either party may appeal the decision of the special magistrate by commencing a civil action in a court of competent jurisdiction provided, however, that such civil action must be filed no later than one (1) year after the discriminatory practice is alleged to have been committed. (c) If, in a civil action commenced under this article, the court finds that a discriminatory practice has been committed or is about to be committed, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the discriminatory practice including, but not limited to, a temporary or permanent injunction or other equitable relief, a temporary restraining order, an award of actual damages, including back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or other such relief as the court deems appropriate. (Ord. No. 95-14-108, § 1, 8-11-14) Page 1 violation exists or continues to exist. (Code 1959, § 28-1; Ord. No. 91-1-12, § 1, 12-2-91) State law reference--Similar provisions, F.S. § 162.02. Section 2. Chapter 2 Administration, Sec. 2-437 Implementation ofF.S. 162 shall be amended as follows; Sec. 2-437.-Implementation ofF.S. ch. 162. The city does hereby create, by this division, a Special Magistrate as permitted by F.S. ch. 162. The city reserves the right to substitute the Special Magistrate with a local government code enforcement board with a Special Magistrate according to the terms and conditions of this division when a Special Magistrate is appointed by the Mayor and confirmed by the City Council by resolution. (Code 1959, § 28-2) Section 3. Chapter 2 Administration, Sec. 2-438 Definition shall be amended as follows; Sec. 2-438. -Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Code enforcement officer means the city manager or his designee any designated employee or agent of the ef.ty whose duty it is to enforce codes and ordinances enacted by Neptune Beach. Enforcement board means the code enforcement board. Repeat violator means a violation of any code or ordinance by a person whom the code enforcement board has previously found to have violated the same code or ordinance within five (5) years prior to the violation. Section 4. Chapter 2 Administration, Sec. 2-439 Organization shall be amended to add the following definitions; Sec. 2-439. -Organization. (A) Special Magistrate (1) The city council may appoint a Special Magistrate or Special Magistrates, as needed. The Special Magistrate shall be an attorney licensed as active and in good standing by the Florida Bar. The Special Magistrate shall not be a resident of the city. Appointments shall be made by the mayor on the basis of experience or interest in the fields of land use law, zoning law, administrative law, construction law, building control, and any other relevant fields, and shall be confirmed by resolution of the city council. The compensation and conditions of employment for the Special Magistrate shall be set in the resolution. (2) The Special Magistrate shall serve at the pleasure of the city council. The appointment of the Special Magistrate shall be made for a term of one (1) year, with the Mayor reserving the right to terminate the term prior to its natural end, in writing, with no less than thirty (30) days notice. Such tennination shall be confirmed by resolution of the city council. The term may be extended upon resolution of the city council for a tenn not to exceed one (1) year. No term limits shall be established herein for any appointed Special Magistrate. If the Special Magistrate wishes to terminate the tenn prior to its natural end, the Special Magistrate shall notifY the city, in writing, no less than sixty (60) days in advance. (3) If the city chooses to appoint a Special Magistrate, the city attorney shall only serve as representative of the city in presenting cases before the Special Magistrate if designated by the city manager. (B) Code Enforcement Board (1) The city council may appoint one (1) or more seven-member code enforcement boards and legal counsel for the enforcement boards. Members of the enforcement boards shall be residents of the city. Appointments shall be made by the mayor on the basis of experience or interest in the fields of zoning and building control, and shall be confirmed by resolutions of the city council. The membership of each enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor and a realtor. (2) Any appointment shall be made for a term of three (3) years. A member may be reappointed upon approval of the city council. An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the enforcement board shall declare the member's office vacant, and the city council shall promptly fill such vacancy. No person may serve more than two (2) consecutive three-year terms. Persons disqualified by this provision may be reappointed after one (1) year elapses after the expiration of the second term of service. --...1.(3=-.)t-The members of an enforcement board shall elect a chairman, who shall be a voting member, from among the members of the board. The presence of four (4) or more members shall constitute a quorum of any enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the city council or as are otherwise provided by law. Members must be present at the start of the meeting to participate in the hearings. (4) The city manager or his designee attorney shall represent the citypresenting cases before the board. :The city attorney shall either be counsel to the enforcement board or shall repres~ilt the city; -- presenting cases before the board; but in no case shall the city attomey serve in both capacities.! --1.-(4'-"~'--.1---)_Two (2) alternate members shall be appointed by the mayor, and they shall be confinned by resolution of the city council, to the code enforcement board to serve on the board in the absence of board members. Each alternate member shall be appointed for one-year terms and may be reappointed for a total term limit of three (3) consecutive one-year terms. ---"'(5"-6"""'),_The board members shall have one (1) training session per year to be given by the city attorney or a seminar approved by the city manager if budgeted by the city council. (Code 1959, § 28-4; Ord. No. 92-1-12, § 1, 12-2-91; Ord. No. 1994-2, § 1, 1-3-94; Ord. No. 1996-36, § 1, 1-6-97; Ord. No. 1997-25, § 1, 1-5-98; Ord. No. 2005-04, § 2, 3-7-05) State law reference-Similar provisions, F.S. § 162.05. Section 5. Chapter 2 Administration, Sec. 2-440 Enforcement Procedure shall be amended as follows; Sec. 2-440. -Enforcement procedure. (a) It shall be the duty of the city manager or his designee to serve as the code enforcement officer and code enforcement officer to initiate enforcement proceedings of the various codes; however, neither the Special Magistrate, nor any member of a board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsection (c), if a violation of the codes is found, the code enforcement officer shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall notify the Special Magistrate or the enforcement board and request a hearing. The Special Magistrate or code enforcement board, tln·ough its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2-276 to the violator. At the option of the Special Magistrate or code enforcement board, notice may additionally be served by publication or posting as provided in section 2-276. If the violation is corrected and then recurs or if the violation is not conected by the time specified for correction by the code enforcement officer, the case may be presented to the Special Magistrate or code enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (c) If the code enforcement officer has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or ineversible in nature, the code enforcement officer shall make a reasonable effmt to notify the violator and may immediately notify the Special Magistrate or code enforcement board and request a hearing. (d) If a repeat violation is found, the code enforcement officer shall notify the violator, but is not required to give the violator a reasonable time to conect the violation. The city manager or his designee , upon notifying the violator of the repeat violation, shall notify the Special Magistrate or code enforcement board and request a hearing. The Special Magistrate or code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice, pursuant to section2-276, to the violator. (Code 1959, § 28-5; Ord. No. 91-2-12, § 1, 12-2-91) State law reference-Similar provisions, F.S. § 162.06. Section 6. Chapter 2 Administration, Sec. 2-441 Conduct of hearings shall be amended as follows; Sec. 2-441.-Conduct of hearings. (a) Upon request of the city manager or his designee code enforcement officer, or at such other times as may be necessary, the Special Magistrate or chairman of the code enforcement board may call a hearing of an code enforcement board; a hearing also may be called by '.vritten notice signed 13y a vote of at least three (3) members of the code enforcement board at one of its meetings. Minutes shall be kept of all hearings by the Special Magistrate or code enforcement board, and all hearings and proceedings shall be open to the public. The city council shall provide clerical and administrative personnel as may be reasonably required by the Special Magistrate or code enforcement board for the proper performance of its duties. (b) Each case before the Special Magistrate or code enforcement board shall be presented by the city manager or his designee city's code enforcement officer, the city attorney or by a member of the police department or by a member ofthe administrative staff of the city council. (c) The Special Magistrate or the code enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Special Magistrate or code enforcement board shall take testimony fi·om the code enforcement officer, the alleged violator, and/or any other witnesses it deems appropriate. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the Special Magistrate or code enforcement board shall issue findings of fact, based on competent substantial evidence of record, and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The order may include a notice that it must be complied with by a specified date and a fine and/or and that an additional fine may be imposed if the order is not complied with by that date. If the findings are made by the code enforcement board rather than the Special Magistrate, the finding§ shall be by motion approved by a majority of those members present and voting, except that at least four ( 4) members of the code enforcement board must vote in order for the action to be official. (Code 1959, § 28-6; Ord. No. 91-1-12, § 1, 12-2-91) State law reference--Similar provisions, F.S. § 162.07. Section 7. Chapter 2 Administration, Sec. 2-442 Powers shall be amended as follows; Sec. 2-442. -Powers. The Special Magistrate or code enforcement board shall have the power to: ( 1) Adopt rules for the conduct of its hearings; (2) Subpoena alleged violators and witnesses to its hearings; subpoenas may be served by the police department of the city; (3) Subpoena evidence; ( 4) Take testimony under oath; (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. (Code 1959, § 28-7; Ord. No. 91-1-12, § 1, 12-2-91) State law reference-Similar provisions, F.S. § 162.08. Section 8. Chapter 2 Administration, Sec. 2-443 Administrative fines; liens shall be amended as follows; Sec. 2-443. -Administrative fines; liens. (a) The Special Magistrate or code enforcement board, upon notification by the city manager or his designee code enforcement officer that an order of the Special Magistrate or code enforcement board has not been complied with by the set time or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. The fine imposed shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation. (b) In determining the amount of the fine, if any, the Special Magistrate or code enforcement board shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (c) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the Special Magistrate or code enforcement board may authorize the city attorney to foreclose on the lien. No lien created pursuant to the provisions of this division may be foreclosed on real property which is a homestead under s. 4, Art. X of the state Constitution. (Code 1959, § 28-8; Ord. No. 91-1-12, § 1, 12-2-91) State law reference-Similar provisions, F.S. § 162.09. Section 9. Chapter 2 Administration, Sec. 2-444 Duration of Lien shallbe amended as follows; Sec. 2-444. -Duration of lien. No lien provided under this division shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien has commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Code 1959, § 28-9; Ord. No. 91-1-12, § 1, 12-2-91) State law reference-Similar provisions, F.S. § 162.10. Section 10. Chapter 2 Administration, Sec. 2-4445 Appeals shall be amended as follows; Sec. 2-445. -Appeals. An aggrieved party, including the city council, may appeal a final administrative order of the Special Magistrate or code enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Magistrate or code ($200.00). If the Special Magistrate or code enforcement board finds in favor of the person receiving the violation, the fee will be returned. If the Special Magistrate or code enforcement board finds that the person or entity cited is guilty, they may set any fine allowed by law for the violation. (Code 1959, § 28-12; Ord. No. 91-1-12, § 1, 12-2-91; Ord. No. 2010-06, § 1, 5-3-10) State law reference-Similar provisions, F.S. § 162.13. Sees. 2-448-2-475. -Reserved. Section 13. The Ordinance shall become effective immediately upon its final passage and adoption by the City Council. VOTE RESULTS OF FIRST READING: Mayor Haniet Pruette Vice Mayor Kara Tucker Councilor Richard Atihur Councilor John Jolly Councilor Eric Pardee Yes Yes Yes Yes Yes Passed on First Reading this 1ih day of September, 2011. VOTE RESULTS OF SECOND AND FINAL READING: Mayor Haniet Pruette Vice Mayor Kara Tucker Councilor Richard Atihur Councilor John Jolly Councilor Eric Pardee Yes Yes Yes Yes Yes Passed on Second and Final Reading this l01h day of October, 2011. ATTEST: Lisa Volpe, CMC City Clerk Approved as to form and contents Patrick Krechowski, City Attorney Hmriet Pruette Mayor Introduced by: Council member Christian 1st Reading: June 18, 2007 2nd Reading: July 16, 2007 ORDINANCE NO. 2007-7937 AN ORDINANCE OF THE CITY OF JACKSONVILLE BEACH, FLORIDA AMENDING ARTICLE VI 'CODE ENFORCEMENT BOARD' OF CHAPTER 2 OF THE CODE OF ORDINANCES, KNOWN AS THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY REPEALING IT IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE VI. CODE ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE BEACH, FLORIDA: SECTION 1. That Atiicle VI, "Code Enforcement Board," of Chapter 2. Administration of the Code of Ordinances of the City of Jacksonville Beach, Florida, is hereby amended and shall henceforth read as follows: ARTICLE VI. CODE ENFORCEMENT Sec. 2-166. Title. This article may be known and cited as the "Code Enforcement Ordinance of the City of Jacksonville Beach, Florida." Sec. 2-167. Intent of article. It is the intent of this miicle to promote, protect, and improve the health, safety, and welfare of the citizens of the City by authorizing the creation of one or more code enforcement special magistrates ("special magistrate") with authority to impose administrative fines and other non-criminal penalties to provide an equitable and expeditious method of enforcing certain codes and ordinances in force in the City, where a pending or repeated violation continues to exist. Sec. 2-168. Definitions. (a) Unless the context requires otherwise, the terms used in this miicle shall have the definitions provided under Chapter 162, Florida Statutes. Ordinance No. 2007-7937 Page 1 of9 (b) The following words, terms and phrases used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Repeat violation means a violation of a provision of a code or ordinance by a person whom the code enforcement board or the special magistrate has previously found to have violated the same provision within five (5) years prior to the violation. (2) Code inspector means any authorized agent or employee of the city whose duty it is to assure code compliance. (3) Council means the City Council of the City of Jacksonville Beach. (4) City means the City of Jacksonville Beach, Florida. Sec. 2-169. Code enforcement board dissolved; references revised. The code enforcement board, heretofore established by the adoption of Ordinance No. 7082, is hereby dissolved effective July 17, 2007; provided, all prior administrative actions, orders and liens imposed by such code enforcement board shall remain in full force and effect. No cases shall be refened to the code enforcement board on and after July 17, 2007. All cases remaining pending before the code enforcement board as of July 17, 2007 shall be transferred to the special magistrate. All references to the code enforcement board occurring elsewhere within this code, within the city's land development regulations and within any other codes, ordinances and resolutions of the Council shall hereafter be deemed to refer to the special magistrate appointed under the authority of this article. Sec. 2-170. Special magistrate appointment and powers. (a) The Council shall appoint a special magistrate or special magistrates, as needed. Appointments shall be made on the basis of experience and interest in the subject matter, in the sole discretion of the Council. A special magistrate must be a member in good standing of the Florida Bar. (b) The special magistrate shall serve at the pleasure of the Council. (c) The amount of compensation paid to a special magistrate shall be determined by the Council. (d) The special magistrate shall have the power to: (1) Adopt rules for the conduct of code enforcement hearings provided, however, that the rules shall be uniform for all special magistrates. Ordinance No. 2007-7937 Page 2 of9 (2) Subpoena alleged violators and witnesses to code enforcement hearings. (3) Subpoena evidence. (4) Take testimony under oath. (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. Sec. 2-171. Notification ojviolators; requests for hearings. (a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes and ordinances under the jurisdiction of the special magistrate and more paliicularly set out hereinafter; however, no special magistrate shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsection (c), if a violation of any such code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the special magistrate and request a hearing. The special magistrate, through his/her clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in Section 162.12, Florida Statutes, to the__property owner and/or the violator. At the option of the special magistrate, notice may additionally be served by publication or posting as provided Section 162.12, Florida Statutes. If the violation is conected and then recurs, or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the special magistrate even if the violation has been conected prior to the hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to conect the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special magistrate and request a hearing. The special magistrate, through his/her clerical staff, shall schedule a hearing and shall provide notice pursuant to Section 162.12, Florida Statutes. The case may be presented to the special magistrate even if the repeat violation has been conected prior to the hearing and the notice shall so state. If the repeat violation has been conected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the special magistrate. Ordinance No. 2007-7937 Page 3 of9 (d) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is in·eparable or ineversible in nature, the code inspector shall make a reasonable effort to notify the propetiy owner and/or violator, and may immediately notify the special magistrate and request a hearing. (e) If the owner of propetiy that is subject to an enforcement proceeding before an enforcement board, special magistrate, or comi transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (2) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (4) File a notice with the code inspector of the transfer of the prope1iy, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs (e)(l) through ( e )(3) before the transfer creates a rebuttable presumption of fraud. If the propetiy is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period to correct the violation before the hearing is held. Sec. 2-172. Conduct of hearings. (a) Upon request of the code inspector, or at such other times as may be necessary, the special magistrate may call a code enforcement hearing. Minutes shall be kept of all hearings by the special magistrate, through his/her clerical staff; and all hearings and proceedings shall be open to the public and recorded, The City shall provide clerical and administrative personnel as may be reasonably required by the special magistrate for the proper performance of his/her duties. (b) Each case before the special magistrate shall be presented by the City's code inspection staff or the city attomey. Ordinance No. 2007-7937 Page 4 of9 (c) The special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code inspector, alleged violator, and any witnesses. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) The special magistrate may, at his/her option, issue findings of fact, based on evidence of record and conclusions of law; and may issue an order affording the proper relief consistent with powers granted in this article and in Chapter 162, Florida Statutes at the conclusion of the hearing. All such findings of fact, conclusions of law, and orders shall be issued not later than thitiy (30) days from the date of the hearing. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A cetiified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real propetiy. The findings therein shall be binding upon the violator and, if the violation concerns real propetiy, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. (e) Notification of the special magistrate's action shall be delivered by the city to the violator by regular mail within ten (1 0) days of the date that order is executed. Section 2-173. Jurisdiction of special magistrate (a) Except as otherwise provided in this Code of Ordinances, the special magistrate shall have the jurisdiction and authority to hear and decide alleged violations of the codes of the City, including, but not limited to the following: (1) Chapter 3. Adve1iising (2) Chapter 5. Animals and Fowl, A1iicle I. In General (3) Chapter 6. Beaches and Bulkheads, A1iicle I. In General. ( 4) Chapter 7. Buildings and Building Regulations. (5) Chapter 14. Junked, Abandoned Property. Ordinance No. 2007-7937 Page 5 of9 ( 6) Chapter 19. Nuisances. (7) Chapter 27. Residential and Commercial Solid Waste Collection, Disposal, and Assessment. (8) Chapter 28. Streets, Sidewalks, and Other Public Places. (9) Chapter 32. Utilities. (10) Chapter 34. Land Development Code Sec. 2-17 4. Penalties for violation. (a) The special magistrate upon notification by the code inspector that an order of the special magistrate has not been complied with by the set time, or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for issuance of the order imposing the fine. (b) A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation, and shall not exceed five thousand dollars ($5,000) for a violation found to be irreparable or irreversible in nature. In determining the amount of the fine, if any, the special magistrate shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and, (3) Any previous violations committed by the violator. (c) A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue Ordinance No. 2007-7937 Page 6 of9 until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city, and the city may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of any such lien that remains unpaid, the city may foreclose on the lien or to sue to recover a money judgment for the lien plus accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real prope1ty that is a homestead under Section 4, Aliicle X of the State Constitution. The money judgment provisions of this section shall not apply to real or personal propeliy that is covered under Section 4(a), A1ticle X ofthe State Constitution. Sec. 2-175. Duration of lien. No lien provided under this mticle shall continue for a period longer than twenty (20) years after the celiified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a couli of competent jurisdiction, In an action to foreclose on a lien, the prevailing paliy is entitled to recover all costs, including a reasonable attomey's fees, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Sec. 2-176. Appeals. An aggrieved patty, including the city, may appeal a final administrative order of the special magistrate to the circuit comt. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special magistrate. An appeal shall be filed within thiliy (30) days of the execution of the order to be appealed. Sec. 2-177. Notices. (1) All notices required by this pmt shall be provided to the alleged violator by: (a) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the prope1ty in question at the address listed in the public records of Duval County for tax notices, and at any other address provided to the city by such owner and is returned as unclaimed or refused, notice may be provided by publication or posting as described in paragraphs (2) or (3) below and by first class mail directed to the addresses furnished to the city with a properly executed proof of mailing or affidavit confirming the first class mailing; Ordinance No. 2007-7937 Page 7 of9 (b) Hand delivery by the sheriff or other law enforcement officer, code inspector, private process server, or other person designated by the local governing body; (c) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1 ), at the option of the special magistrate, notice may also be served by publication or posting, as follows: (a) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the city where the special magistrate hearing is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official adve1tisements. (b) Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. (3) In lieu of or in addition to publication as described in paragraph (2), such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the prope1ty upon which the violation is alleged to exist and the other of which shall be the Jacksonville Beach City Hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. ( 4) Notice by publication or posting may run concunently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1 ). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1 ), together with proof of publication or posting as provided in paragraphs (2) or (3), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Ordinance No. 2007-7937 Page 8 of9 Sec. 2-178. Provisions article supplemental. It is the legislative intent of this article to provide an additional or supplemental means of obtaining compliance with the local codes. Nothing contained in this article shall prohibit the Council from enforcing its codes by any other means. SECTION 2. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any comi of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining pmiions of this ordinance. SECTION 3. Codification of this ordinance in the Code of Ordinances of the City of Jacksonville Beach is hereby authorized and directed. SECTION 4. This ordinance shall take effect upon its adoption. AUTHENTICATED THIS 16th DAY OF July, A. D., 2007. Fland 0. Sharp, MAYOR Heidi Reagan, CITY CLERK Ordinance No. 2007-7937 Page 9 of9 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Sign Regulations Rewrite SUBMITTED BY: Derek W. Reeves, Planner ./ ,/(r- DATE: November 3, 2016 STRATEGIC PLAN LINK: None AGENDA ITEM 88 NOVEMBER 14, 2016 BACKGROUND: On August 81h, 2016, the City passed Resolution 16-04 to cease enforcement of portions of the City's Sign Regulations that were in conflict with the recent Reed v. Town of Gilbert, Arizona Supreme Court decision. While amendments to the code were planned as part of a larger rewrite of the Land Development Regulations to occur within the year, complaints related to the lack of enforcement of portions of the Sign Regulations have expedited the process. The City Attorney, Brenna Durden, recommend outside legal counsel to assist the City with the rewrites. She identified two other local cities (Jacksonville Beach and St. Augustine Beach) that both had recently done so. In both cases the cities had been sued and their insurance company hired outside council to amend their own sign regulations. The City of Jacksonville Beach passed ordinances 2015-8064 and 2015-8065 on December 7111 of2015 to amend their sign regulations bringing themselves into compliance with the Reed case. The first ordinance changed definitions in their Land Development Code and the second ordinance changed the content of the sign regulations themselves. The City of St. Augustine Beach passed ordinances 16-03 and 16-04 on July 11th of this year to amend their sign regulations bringing themselves into compliance with the Reed case. Again the first ordinance changed definitions in their Land Development Regulations and the second ordinance changed the content of the sign regulations themselves. It is expected that the City will also have to pass two ordinances. One to amend Chapter 17, which is the sign regulations, and then a second to amend references to signs in the Land Development Regulations of Chapter 24. BUDGET: Estimated cost is $15,000 to $20,000 not included in our current budget. RECOMMENDATION: Review the referenced materials and give direction to staff and the City Attorney on going forward with a complete rewrite of the City of Atlantic Beach Sign Code. ATTACHMENTS I LINKS: Background information and strike through and underline copies of the City of Jacksonville Beach's and the City of St. Augustine Beach's ordinances. Also attached for your reference is the Atlantic Beach Sign Code. REVIEWED BY CITY MANAGER: ---2/l t/fldA et~