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05-17-17 Draft Minutes BNRPAC Beautification and Natural Resource Preservation Advisory Committee Meeting of Wednesday, May 17, 2017 * DRAFT Minutes Members Present: Tim Anderson Chip Drysdale Linda Lanier Judith Leroux, Chair John November Dawn Scott Members Absent: Bruce Andrews Sarah Andrews Dark Don Ford Staff: Kevin Hogencamp, interim city manager Derek Reeves, interim community development director Visitors: Steve Fouraker Gretchen Deters-Murray 1. Call to order. Chair J. Leroux called the meeting to order at 6:52 p.m. 2. Courtesy of floor to visitors. G. Deters-Murray complimented the committee's work, particularly the Tree Subcommittee's proposed creation, and said she hopes the proposed ordinance move forward as proposed. 3. Approval of minutes. C. Drysdale made a motion, L. Lanier seconded, for J. Leroux to serve as a one-person subcommittee to approve review and approve minutes of the May 17 meeting and previous meetings, after the minutes are submitted to the entire committee for review. 4. Staff report/input on matters before the Advisory Committee. Committee members discussed the procedure for completing its work during the May 17 meeting. C. Drysdale motioned, T. Anderson seconded, that the Environmental Stewardship Committee consist of seven to 11 members and that a majority members in attendance at meetings constitute a quorum. Agenda Item 2-Attachment 2 June 14,2017 Agenda Item July% 2017 ORDINANCE NO. 2017- XXXXXXX AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER XX OF THE ATLANTIC BEACH CODE OF ORDINANCES,CREATING AN ENVIRONMENTAL STEWARDSHIP COMMITTEE, PROVIDING FOR INTENT, PURPOSE, MEMBERSHIP AND DUTIES AND RESPONSIBILITIES OF SAID COMMITTEE,AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: WHEREAS, the Boards and Committees established by the Mayor and Commission of the City of Atlantic Beach provide many valuable services to the community by enlisting citizen volunteers to provide input and due consideration of issues important to the citizens of our community, and WHEREAS, the City of Atlantic Beach recognizes both the economic and intrinsic value of its' natural environment and the need to establish a committee to help protect it; and WHEREAS,dedicated and knowledgeable members of this committee will be stewards of our environment, creating a legacy for future generations. SECTION 1: The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Sec.XX_XX- Sec XX-XX, which sections shall read as follows: Sec.XX-01. Environmental Stewardship Committee Intent. The maritime forest in Atlantic Beach is core to our identity as a small coastal village. Our tree canopy creates beauty,provides a home for wildlife, functions as an element of our water management system and enhances our property values. It is in our best interest for this committee to be the stewards of our tree canopy through advocacy,assessment, maintenance,planting and preservation of this natural resource. Our parks provide open spaces for recreation, exercise, wildlife habitat, relaxation and encounters with the natural world.This committee intends to support our community as we strive to provide a variety of park spaces that are well maintained,accessible and secure.This committee also has an opportunity to take the lead and set high community standards in the beautification and maintenance of our public spaces.The Atlantic Ocean,the St. Johns River and the Intracoastal Waterway have a great deal of influence on our micro climate,drainage issues and the diverse vegetation and wildlife that thrive { Agenda Item 2-Attachment 2 June 14,2017 here.The care and health of our coast and marsh must be paramount in every recommendation made by this committee about the use of our land,water system and tree canopy. Sec.XX-02. Environmental Stewardship Committee Purposes. It shall be the purpose of the Environmental Stewardship Committee: (a) To study and make recommendations to the City Commission and City officials, and community stakeholders with respect to the City's: (i) Maritime forest, and (ii) Parks and open spaces,and (iii) Beautification of public and private spaces,and (iv) Environmental stewardship. (b) To act as a motivating and coordinating body to encourage joint public and private participation in promoting these purposes. Sec.XX-03. Environmental stewardship committee duties and responsibilities. The ENVIRONMENTAL STEWARDSHIP COMMITTEE shall guide, support and monitor the city's work in the following areas and shall have the following duties and responsibilities related to these purposes: (i) Maritime Forest: - Clarifying and strengthening the City's processes and all tree and landscape related city codes and ordinances; - Monitoring the appropriate administration and enforcement of the City's ordinances; - Promoting transparency through online access to relevant information;, - Developing and maintaining environmental education and outreach programs about our maritime forest and relevant codes; - Promoting appropriate planting and care of trees on private property to owners, developers, builders,and tree/landscape service contractors; - Developing and maintaining a long-term tree plan that includes an assessment of the tree canopy,projecting future needs, and developing a calendar and budget for tree planting in parks, public spaces and along streets and right of ways; - Promoting tree canopy advocacy including upholding our city's status as a bona fide "Tree City USA"; - Developing a process for systematic,review of the city's enforcement of the existing tree codes,including the long-term health of trees planted for mitigation; and - Developing and maintaining a process for citizens to communicate possible violations to the city. (ii) Parks and Open Spaces: ji Agenda Item 2-Attachment 2 June 14,2017 - Developing and maintaining a long-range plan to protect, improve and beautify our park spaces; - Improving access to and amenities for parks including disability accommodations, bike paths, parking,signage and other user friendly features; - Expanding the city's inventory of parks and conservation land through acquisition or other means; and - Maintaining a web-based,publicly accessible inventory of parks including their history, archeological value, rules of use and easements. (iii) Beautification of Public and Private Spaces: - Enhancing public spaces, including public rights of way, roadsides, city buildings, beach accesses and other publicly held properties with art, carefully maintained landscape design and plantings. - Incentivizing and advocating for beautification of private and commercial spaces; - Reducing the number and appearance of degraded or blighted properties; and - Developing a design theme/community branding for signage, bus shelters, lighting and other elements of the built environment. (iv)Environmental Stewardship: - Utilizing best practices, including a science based approach,when making any decision about development and its impact on our environment; - Protecting our beach, dunes, marshlands and wetlands as critical defenses in hurricane, erosion and flooding conditions; - Communicating the dynamics of our tidal drainage and flood plain with the goal of preserving our flood management system; - Reviewing our city's environmental codes and ensuring enforcement of rules including, but not limited to dumping,septic tanks, commercial pollution, etc.; and - Reviewing, updating and maintaining the Marsh Master Plan for adherence to current research about sea level change and wetlands preservation. Sec.XX-04. Membership;Terms;Appointments, Geographic Requirements. Composition. (a) Membership.The Environmental Stewardship Committee shall be composed of a minimum of seven members and a maximum of eleven members.A majority of the members of the committee shall constitute a quorum. (b) Terms.All members who are appointed or reappointed shall serve four-year terms,with the exception of inaugural committee members whose term shall be determined by the commission. Members shall not serve more than eight consecutive years on the committee. #' (c) Appointments. Committee members shall be selected by the Board Member Review Committee and shall be confirmed by the Commission. (d) Geographical Requirements.At any time there shall be at least one member representing each city district on the committee. Committee members shall EE Agenda Item 2-Attachment 2 June 14,2017 reside in the City of Atlantic Beach, own property in the City of Atlantic Beach or own a business that operates within the city limits of Atlantic Beach. (e) Composition.To the extent possible, committee members should demonstrate at least one of the following skills, experience,expertise,educational background or interests: - Knowledge of best practices in environmental management and sustainability; - Developer/building professional; - Urban planning and design; - Arborist; - Landscape architecture; - Environmental policy; - Environmental and constitutional law; - Community engagement; and - Educational programming. Sec.XX-05. Organization. (a) The committee shall meet at least monthly at such times and places as are fixed by the rules of the committee. Special meetings shall be called in accordance with the rules of the committee.At its first regularly scheduled meeting each September,the Committee shall elect from among its members a Chair,Vice Chair, and secretary who shall assume their positions immediately upon election. (b)The chair shall preside at all meetings of the committee and shall appoint the members of the various subcommittees authorized by the committee. The vice chair shall preside if the chair is absent. (c) The committee shall be staffed at each meeting by a City staff member appointed by the City Manager to act as the recording clerk. (d) Roberts Rules of Order Newly Revised shall be followed at committee meetings.The committee may adopt,amend,and rescind procedural rules of the committee to aid in implementing the provisions of this section.All reports, studies, and recommendations made by or at the direction of the committee shall be approved by the committee before the same may be presented to the Commission on behalf of the committee. (e) The committee may establish such subcommittees from among its membership as it deems necessary to perform its duties.The subcommittee shall report on its progress to the committee at such times as the Committee shall require.All committee and subcommittee meetings shall be open to the public and are subject to Florida's Government in the Sunshine Laws. (f) The committee's clerk shall keep minutes of the proceedings,showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions,all of which shall be immediately filed in the office of the City Clerk and shall become a public record. Sec.XX 06. - Removal of members. Agenda Item 2-Attachment 2 June 14,2017 Any member of the committee may be removed by the city commission upon written charges and after public hearing.Any member who fails to attend (3) consecutive meetings shall have his office declared vacant unless the member's absence is excused by a majority of the committee's members, and the vacancy shall promptly be filled. Section 2. This ordinance shall take effect immediately upon its final passage and adoption. 5. Discussion and approval of Advisory Committee's final report. J. November reviewed the minor modifications to the proposed Tree Subcommittee ordinance. L. Lanier motioned, C. Drysdale seconded, approving three documents — recommendations for committee membership, the proposed ordinance establishing an Environmental Stewardship Committee, and the proposed ordinance establishing a Tree Subcommittee. Vote: 6 Aye, 0 Nay. 6. Other business. None. 7. Adjournment. The meeting adjourned at 8:50 p.m. Draft minutes submitted by Kevin Hogencamp. Agenda Item 2-Attachment 3 June 14,2017 Agenda Item July% 2017 ORDINANCE NO. 2017-XXXXXXX AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER XX OF THE ATLANTIC BEACH CODE OF ORDINANCES,CREATING A TREE SUBCOMMITTEE OF THE ENVIRONMENTAL STEWARDSHIP COMMITTEE,PROVIDING FOR PURPOSE, MEMBERSHIP AND DUTIES AND RESPONSIBILITIES OF SAID COMMITTEE, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Sec. XX_XX- Sec XX-XX, which sections shall read as follows: Sec.23-52. Purpose. The duty of the Tree Subcommittee of the Environmental Stewardship Committee (ESC) is to systematically review tree permits submitted to the city for completeness and to determine compliance with the tree protection ordinance. Sec. 23-53. Establishment,voluntary membership,terms. There is hereby established a Tree Subcommittee" of the ESC,referred to in this article as the subcommittee.The subcommittee shall consist of 3 members and 2 alternate members.Alternates shall serve in the case of the absence of any of the 3 members.The members of the subcommittee shall volunteer for membership. All of the members shall be members of the ESC.The ESC shall appoint or remove the members of the subcommittee by a simple majority vote. Filling vacancies shall take place at the next regular scheduled meeting of the ESC after a seat on the subcommittee has become vacated. Members of the subcommittee may serve for as long as they serve on the ESC. Sec. 23-54. Organization. (a) The subcommittee shall establish a regular meeting schedule. Unless otherwise determined,the subcommittee's meetings shall meet on the same date as the Environmental Stewardship Committee meets. (b) A city staff member designated by the City Manager shall act as clerk for the subcommittee.The clerk shall be responsible for the clerical administration of the subcommittee.The clerk shall also be responsible for the maintenance Agenda Item 2-Attachment 3 June 14,2017 and preservation of all records of the subcommittee in coordination with the City Clerk's office. (c) The subcommittee shall adopt rules as may be required for the proper conduct of its business. Robert's Rules of Order Newly Revised shall be followed to conduct meetings.All meetings shall be open to the public.The subcommittee shall keep minutes of the proceedings recording the vote of each member upon each question or if absent or failing to vote, indicating such facts. It shall keep records of its examinations and other official actions, all of which shall be immediately filed with the City Clerk's office and shall become public record.This subcommittee will operate in compliance with Florida's Government in the Sunshine Laws. Sec. 23-55. Systematic Permit Review Process. Each member of the subcommittee shall systematically review the tree permitting process as described below: (a) Initial Review Period. i.Applications deemed complete and ready for site inspection shall be uploaded to the City's website within 3 business days.The initial site inspection by the administrator may not occur until 3 business days after the complete permit application has been uploaded to the City's website. ii. The subcommittee shall review random tree permit applications as determined by the tree subcommittee. iii.The subcommittee members shall independently review all tree permit applications that include the removal of more than 50% of the total inches of the diameter at breast height (DBH) of regulated trees on any property. iv.The subcommittee members shall independently review all tree permit applications that include the removal of one or more legacy tree(s) on any property. v. One member of the subcommittee may accompany the administrator on the initial site inspection as an observer.The subcommittee member must make the request to attend the initial site inspection as an observer within 3 business days of the permit being uploaded to the city's website.The subcommittee member may not initiate contact with the property owner or the property owner's agents during the site inspection and shall stay in the vicinity of the administrator during the inspection.The subcommittee member shall be provided 24 hours notice prior to the date and time of the site inspection. (b) Issuance of a Permit. i.When the administrator's application review process and inspection has been completed, the administrator shall distribute a draft tree permit to all members of the tree subcommittee.Within 3 business days of the distribution of a draft permit, any single member of the subcommittee may place a hold on the draft permit by Agenda Item 2-Attachment 3 June 14,2017 providing a written petition to the administrator requesting further review.This petition shall include the rationale behind the request for further review. ii.Within 3 business days of the subcommittee's member's petition being provided in writing to the administrator,the administrator shall have the option to amend the permit or proceed with issuing the draft permit in the permit's original form as long as the administrator and the subcommittee member/members who filed the petition have reached an agreement in writing on the contents of the permit. iii. If the administrator and the subcommittee member cannot reach written agreement on the contents of the tree permit within this 3 business day period, the full subcommittee shall review contents of the draft permit at a subcommittee meeting that is publicly noticed in compliance with Florida's open meeting requirements. If a majority of the subcommittee cannot reach agreement with the administrator at this subcommittee meeting,the draft permit shall appear on the next commission agenda in which there is sufficient time to meet Florida's public notice requirements. (c) Review by the Commission. The Commission shall review the draft permit and the rationale of both the administrator and the members of the subcommittee and will make a final determination about the contents of the permit to be issued.The tree permit shall be issued by the administrator within 3 business days of the commission meeting. Section 2. This ordinance shall take effect immediately upon its final passage and adoption.