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9-25-17 Amended Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING SEPTEMBER 25, 2017 - 6:30 PM AMENDED AGENDA Invocation and pledge to the flag Call to order 1. Approval of minutes. *A. Approve minutes of the Regular Commission Meeting on August 28, 2017. B. Approve minutes of the Mayport Corridor Business District Workshop on August 30, 2017. *C. Approve minutes of the Regular Commission Meeting on September 18, 2017. 2. Courtesy of Floor to Visitors 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 Monthly Building Department Activity Report for August 2017. 5. Committee Reports None. 6. Action on Resolutions *A. Public Hearing on adopting Resolution No. 17-14 for the Millage Rate. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. **B. Resolution No. 17-19 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE RENEWAL OF WORKERS' COMPENSATION INSURANCE WITH FLORIDA MUNICIPAL INSURANCE TRUST FOR 2017- 2018 AND LIABILITY INSURANCES WITH PREFERRED GOVERNMENTAL INSURANCE TRUST FOR 2017-2019, TO INCLUDE HARDEN'S BROKER FEE, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL RELATED RENEWAL DOCUMENTS. 7. Action on Ordinances *A. Public Hearing and Final Reading on Ordinance No. 20-17-146 establishing the Operating Budget for fiscal year 2017/2018. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018. *B. Ord. No. 90-17-228, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE MAYPORT BUSINESS OVERLAY DISTRICT; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, TO ADD NEW SECTION 24-175, MAYPORT BUSINESS OVERLAY DISTRICT; PROVIDING FOR A LIST OF PERMITTED AND CONDITIONAL USES AND DEVELOPMENT STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) *A. Recommendation to change the election cycle of the City of Atlantic Beach, City Commission. 9. City Manager Reports A. City Manager's Report B. 90 -Day Calendar (October — December 2017) 10. Reports and/or requests from City Commissioners and City Attorney 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 Chamber. 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's Office by 5:00 PM, Friday, September 22, 2017. *Revised agenda on September 20, 2017 as follows: Item 1A - Corrected Item Title to reflect the date of minutes to August 28, 2017. Item 1C - Added Item 6A - Amended staff report and attachment Item 7A - Corrected date of the 1st reading in Ordinance. Item 7B - Amended staff report and added Ordinance. Item 8A - Added **Amended agenda on September 22, 2017 as follows: Item 6B - Added CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AUGUST 28, 2017 - 6:30 PM MINUTES IN ATTENDANCE: Mayor Mitchell E. Reeves Mayor Pro Tem John Stinson Commissioner Mitchell R. Harding Commissioner Jimmy Hill Commissioner M. Blythe Waters Agenda Item 1A September 25, 2017 City Attorney Brenna Durden City Manager Joe Gerrity City Clerk Assistant Joanie Bowman Recording Secretary Nancy Pyatte Invocation and pledge to the flag Commissioner Harding gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to order Mayor Reeves called the meeting to order at 6:30 P.M. City Clerk Assistant Bowman called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of minutes A. Approve minutes of the Regular Commission Meeting on July 24, 2017. B. Approve minutes of the Special Called Commission Meeting on August 9, 2017. C. Approve minutes of the Town Hall Meeting on July 22, 2017. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections and Mayor Reeves stated the minutes stand as submitted. 2. Courtesy of the Floor Mayor Reeves explained the process for the public comments and opened the Courtesy of the Floor to visitors. Commissioner Stinson requested of Mayor Reeves if he would step aside for the Courtesy of the Floor portion of the meeting and allow the Mayor Pro Tem to preside. Mayor Reeves and the Commission did not object to this request. Mayor Pro Tem Stinson repeated the process for public comments and opened Courtesy of the Floor. Mayor Reeves stated that he received a request from Commissioner Waters to pull Item 6D Resolution No. 17-12 from the agenda. Mayor Pro Tem Stinson replied that this will be addressed after Courtesy of the Floor. City Clerk Assistant Bowman called each speaker to the podium. 1 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING John November, 536 South St., Neptune Beach, spoke about Resolution No. 17-13, stating this is an opportunity for land conservation and exploring the use of Johnston Island. He stated there is the potential for public recreational use while maintaining the natural habitat of the environment. Mr. November also spoke about land conservation efforts for Selva Preserve. Lastly, he stated he looks forward to the Environmental Stewardship Committee (ESC) getting involved with the City. Jeffrey Weil, 10 10th St., Atlantic Beach, spoke about the Malfeasance charges against Mayor Reeves, his previous request for the release of all the undisclosed documents relating to the charges, and the recent report released by the attorney, Mr. Shepherd, who conducted the legal investigation. Mr. Weil stated that he thought the Commission should conduct their own investigation into this matter, as stated in Section 64. — Investigations. Sally Clemens, 1638 Park Terrace W., Atlantic Beach, stated that years ago the Commissioners had strategic planning sessions to set priorities for the City's future. Ms. Clemens also spoke about the ongoing tasks of finding solutions for various issues, both past and present. She also spoke about the enforcement of the speed limits on Atlantic Blvd. and on Mayport Rd., pedestrian -friendly crosswalks, safety education, and a monthly newsletter. Ms. Clemens closed stating that she supports the purchase of Johnston Island. Susanne Barker, 1938 Beachside Ct., Atlantic Beach, spoke about the charges against Mayor Reeves for a charter violation and the subsequent report from the attorney, Mr. Shepherd, which she did not agree with his findings. Ms. Barker stated that she thought the Commission should conduct their own investigation into this matter, as stated in Section 64. — Investigations, and she submitted a copy to the Commission, for the record. City Clerk Assistant Bowman stated Ms. Barker also wrote to speak on Item 6E, Resolution No. 17-13, during the public hearing. Mark Tingen, 1198 Sandpiper Ln. E., Atlantic Beach, thanked the Commission and the City Departments for doing a wonderful job for our City, and welcomed the new City Manager. He spoke about the recent storm emergency in Texas, and wetland preservation for both Johnston Island and Selva Preserve. Mike Whalen, 1420 Mayport Rd., Atlantic Beach, thanked the Commission for the new paving of the streets - everyone is very happy! Ellen Glasser, 2060 Beach Ave., Atlantic Beach, welcomed the new City Manager and thanked the Commission, Kevin Hogencamp and City staff for their courtesy extended to her over the past few months. Ms. Glasser stated her support for Johnston Island and Selva Preserve. Ms. Glasser spoke about the report from the Attorney, Mr. Shepherd, regarding the charges against Mayor Reeves, stating it was incomplete and she did not agree with Mr. Shepherd's findings. Ms. Glasser stated that, when it was appropriate, she planned to provide her own legal analysis to the Commission for their review. 2 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING She explained negativity has happened in the campaign, and stated she looks forward to tomorrow's election. She closed stating that we are all neighbors, we want what is best for our City, and we are lucky enough to live in Atlantic Beach. Bruce Andrews, 328 11th St., Atlantic Beach, spoke about land preservation for Johnston Island and Selva Preserve and stated he is in favor of Item 6E, Resolution No. 17-13. He thanked the Commission and the candidates running for election. Mr. Andrews encouraged people to get informed about what is going on in their City. John Fletcher, 141 Harbormaster Ct., Ponte Vedra Beach, stated he was an Atlantic Beach elected official from 2007 to 2011, and spoke about his history serving on the Commission and being a citizen of this City. Mr. Fletcher stated that this Commission has successfully handled many types of issues and has been very responsive to the citizens. He stated there is a lot to be proud of and thanked the Commission for their leadership. Tom Hindle, 381 9th St., Atlantic Beach, declined to speak, is opposed to Item 6E, Resolution No. 17-13. Lori Schwab, 541 Sherry Dr., Atlantic Beach, declined to speak, is opposed to Item 6E, Resolution No. 17-13. At this time, Mayor Pro Tem Stinson returned the Chair to Mayor Reeves to preside over the remainder of the meeting. Mayor Reeves thanked Commissioner Stinson. Mayor Reeves stated Commissioner Waters asked that Item 6D, Resolution No. 17-12, be pulled from the agenda. Mayor Reeves closed Courtesy of the Floor. 3. Unfinished Business from Previous Meetings A. Application and Guidelines for Contributions to Outside Organizations Timmy Johnson, Director of Recreation and Special Events, addressed the Commission about approval and adoption of the Application and Guidelines for Contributions to Outside Organizations. Mr. Johnson introduced Grant Healy, 2075 Villa Norte Cir., Atlantic Beach. Mr. Healy stated he is the Chairperson of the Cultural Arts and Recreation Committee. Motion: Approve the Application and Guidelines for Contributions to Outside Organizations, as presented in the agenda. Moved by Stinson, Seconded by Harding Commissioner Hill questioned if the Recreation Department can deny an application or does it have to go before the Committee. Mr. Johnson replied that the Department reviews the application for completed information, then it must go before the Committee for action. Mayor Reeves explained that in past years the City disbursed grants without an application and 3 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING verification process, and without confirmation on how these funds were used. The intent is to justify where the tax dollars are going. Deputy City Manager Hogencamp reported this was discovered during his first month with the City. The proposed application and guideline process is the result of a citizen inquiry and meetings with the Recreation Department and the Cultural Arts and Recreation Advisory Committee. Roll Call Votes: Aye: 5 Waters, Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Building Department Activity Report and Recreation and Special Events Report for July 2017. Motion: Approve Consent Agenda Item A as written. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 5 Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolution A. Resolution No. 17-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPOINTING THE INAUGURAL MEMBERS OF THE ENVIRONMENTAL STEWARDSHIP COMMITTEE, PROVIDING TERMS, PROVIDING AN EFFECTIVE DATE. 4 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING Motion: Adopt Resolution No. 17-09 as read by title. Moved by Hill, Seconded by Waters Commissioner Stinson complimented the Committee for their amazing work and believes it will be calTied forward. Commissioner Waters complimented the Committee for their hard work and look forward to working with the ESC going forward. Commissioner Harding stated he looks forward to the ESC functioning as well as this Advisory Committee did, and thanked them for their dedication. Commissioner Hill thanked the Committee for their hard work stating they were very productive and active. He also thanked the new members of the ESC. Mayor Reeves thanked the Committee for serving the City. He asked the people being nominated to come to the podium to introduce themselves. Dawn Scott, 1000 Camelia St., Atlantic Beach, stated it is a privilege to be nominated and excited about doing great things for the City. Bonnie Hansen, 2393 Ocean Breeze Ct., Atlantic Beach, excited to be involved and looks forward to meeting all members of the ESC. Bruce Andrews, 328 11th St., Atlantic Beach, spoke about his interest in property preservation and being a part of ESC. Judith Leroux, 1745 Selva Marina Dr., Atlantic Beach, thanked Linda Lanier for being a facilitator on the Advisory Committee and excited to get started. Sarah Dark, 1781 Sea Oats Dr., Atlantic Beach, stated she served on the Advisory Committee, thanked John November for his participation, and said she is excited to use her background in landscape architecture on the ESC. Commissioner Stinson asked DCM Hogencamp to include the members of the Advisory Board, the ESC, and the Parking/Safety Committee at the City's Recognition BBQ. Roll Call Votes: Aye: 5 Hill, Stinson, Waters, Harding, Reeves Nay: 0 MOTION CARRIED 5 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING B. Resolution No. 17-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPOINTING THE MEMBERS OF THE PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE, PROVIDING FOR TERMS OF SAID MEMBERS; AND PROVIDING AN EFFECTIVE DATE. Motion: Adopt Resolution No. 17-10 as read by title. Moved by Stinson, Seconded by Waters Commissioner Waters acknowledged that there may be complicated issues, looking forward to this Committee getting to work and thanked them for their commitment. Commissioner Hill thanked this Committee, calling them the bravest and most fearless citizen group, for tackling these issues. Commissioner Stinson thanked the members and said he is looking forward to getting to work enhancing Atlantic Beach. Mayor Reeves stated this is an exciting committee being formed by this Commission, looks forward to this Committee getting to work, and thanked them for their commitment. He asked the people being nominated to come to the podium to introduce themselves. Dennis Winkelman, 1977 Seminole Rd., thanked Commissioner Harding for the nomination and stated he is ready to work. Paula O'Bannon, 304 1st St., Atlantic Beach, thanked Commissioner Hill for the nomination, and stated she is glad to be on the Committee and ready to solve problems. Jennifer Lagner, thanked Commissioner Stinson for the nomination and stated she is looking forward to working on the Committee. Roll Call Votes: Aye: 5 Stinson, Waters, Harding, Hill, Reeves Nay: 0 MOTION CARRIED City Attorney Durden stated she has been contacted about training on the Sunshine Law and Ethics training. Training will be provided for all the new committee members and the City will be contacting them with a schedule. City Attorney Durden advised there is a video on the Florida League of Cities (FLOC) website if anyone wants to watch it prior to the scheduled training. This training will be available for new members and anyone who wants a refresher course. Mayor Reeves, confirming with City Attorney Durden, stated that effective this meeting all new committee members fall under the Florida Sunshine Laws. Committee members cannot talk about committee business unless it is conducted at an advertized meeting. 6 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING C. Resolution No. 17-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT PIGGYBACKING ON CITY OF JACKSONVILLE CONTRACT CS -0354-15 DATED 2015 "SPORT COURT MAINTENANCE AND CONSTRUCTION" AND APPROVED A PURCHASE ORDER FOR $101,679.60 ON BEHALF OF THE CITY OF ATLANTIC BEACH. Scott Williams, Public Works Director, addressed the Commission explaining this is for work on four of the six tennis courts in Russell Park. Mr. Williams reviewed the scope of work and costs, as listed in the Staff Report in the agenda. Motion: Adopt Resolution No. 17-11 as read by title. Moved by Harding, Seconded by Waters Commissioner Hill had a question about maintenance history on the tennis courts. Mr. Williams responded that courts #1 and #2 were resurfaced two years ago. Commissioner Harding had a question about not doing soft courts on these courts. Mr. Williams responded it was not in the budget and not approved to spend that amount. Roll Call Votes: Aye: 5 Waters, Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED D. Resolution No. 17-12 PULLED A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING THE CITY MANAGER TO ORDER AN APPRAISAL FOR THE SELVA PRESERVE PROPERTY; AUTHORIZING THE EXPENDITURE OF UP TO A MAXIMUM OF $15,000 FOR AN APPRAISAL AND OTHER TASKS RELATED TO THE APPRAISAL OF THE SELVA PRESERVE PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 17-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING THE CITY MANAGER TO EXECUTE A LETTER OF INTEREST TO EXPLORE THE PURCHASE OF JOHNSTON ISLAND AS A RECREATIONAL PARK; DIRECTING THE CITY MANAGER TO UNDERTAKE A DUE DILIGENCE EVALUATION WITH AN INDEPENDENT CONSULTANT(S); DIRECTING THE CITY MANAGER TO ORDER AN APPRAISAL OF JOHNSTON ISLAND; DIRECTING THE CITY MANAGER TO COORDINATE WITH THE CITY OF JACKSONVILLE AND OTHER GOVERNMENTAL ENTITIES; AUTHORIZING THE EXPENDITURE OF UP TO A MAXIMUM OF $35,000 DURING THIS 7 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING INITIAL EVALUATION PERIOD FOR THE JOHNSTON ISLAND PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion: Adopt Resolution No. 17-13 as read by title. Moved by Waters, Seconded by Harding Commissioner Stinson stated this is exactly why the City created the ESC — to conduct evaluations on these types of issues. Starting the appraisal process now makes it public record, the seller will know that value, and he feels that could take away from the negotiating process in the sale. The property has been for sale for a very long time and Commissioner Stinson stated he would like the ESC to evaluate this issue first. Commissioner Waters stated there have been development interests in Johnston Island for several years. Even though property values steadily increase in Atlantic Beach, development potential and the selling price of Johnston Island continues to decrease mainly due to code changes implemented over time. The driving force for acting now is that the City of Jacksonville has expressed a vested interest in dedicating funds towards the purchase of this property. This could be the best time to secure the best price. In order for the City to make any property purchase an appraisal is required per the Code. The appraisal will confirm if the property is worth the investment and if there is the potential to develop for public recreational use while maintaining the natural habitat of the environment. Commissioner Harding stated he sees Johnston Island as potential preservation land and supports this item. He stated he agrees with Commissioner Stinson though, and would like to see the ESC look at it first before the City takes further action. Commissioner Hill stated he is an advocate for securing Johnston Island for a public park use. Code dictates that the City must obtain an appraisal to purchase and develop property for City use. He stated that the park should be inclusive for all types of boating, not just for canoes/kayaks launching. There is potential to increase the revenue source with the inclusion of power boating and a boat ramp. Commissioner Hill stated he supports this item and will vote for it. Mayor Reeves spoke about attending several meetings with the City of Jacksonville (COJ) about Johnston Island and possible development options. There was never any discussion about putting restaurants there — that is misinformation. Regarding the exclusion of boat ramps for power boats, the COJ made that decision for safety reasons and limited accessibility. Jacksonville is willing to work with Atlantic Beach to assist with funding. Mayor Reeves expressed concern about this item being placed on the agenda as a Resolution prior to any previous workshops and discussion. He thinks this is putting the cart before the horse. The property owner has not contacted the City with an offer to sell. Why pay $35,000, which is tax payer dollars, for an appraisal before we know what the selling price is? Mayor Reeves stated he supports this item and is in favor of a public park use. He thinks it is too premature to act now. 8 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING Mayor Reeves explained that it is a State law that requires the City to obtain an appraisal. Commissioner Stinson spoke at length about unknown existing property issues and restrictions, property fitting in with the marsh master plan, funding resources should not include City's Reserve Fund, and utilizing the ESC first to research property and make recommendations. He is not against this project, but expressed concern that there is no vision plan in place for the property. Commissioner Waters stated she is confused about the statements about the Johnston Island representatives not making an offer to the City. It was her understanding that Brian Burke spoke with each Commissioner individually several months ago about this item. She said that their attorney, T. R. Hainline, who represents Mr. Chupp, the seller, has approached the City and there is an offer on the table. Commissioner Waters stated a lot of time is spent talking, not doing. There is significant interest from the City of Jacksonville to assist with funding, as stated by Councilman Gulliford. This fits into the marsh master plan. Commissioner Waters stated that getting an appraisal does not mean a commitment to buying property but this item will die through inaction if the Commission does not move forward. Commissioner Hill stated his recollection of the conversation with Mr. Burke was that there was an interest in selling and the sales price was significantly lower than previously, and said if we do not get it (property) now it will be gone. Commissioner Hill added there is the issue of the bridge access and we need confirmation that before spending money on the appraisal. He suggested contacting the City of Neptune Beach about partnering with Atlantic Beach on this project. Commissioner Hill stated he is in favor of Johnston Island and making it a better place. We need to take action before this window closes. Mayor Reeves stated what is missing in the Staff Report from the agenda is the offer to sell with a price and he is hesitant to spend $35,000 for an appraisal without knowing the selling price. Mayor Reeves said he has had several discussions with Jacksonville — with Councilwoman Boyer, with Councilman Gulliford, with Mayor Curry's Chief of Staff and their Finance representatives — who all said they were willing to help Atlantic Beach on the infrastructure funding, not helping with funding to purchase Johnston Island. The FIND Grant is an opportunity for that (purchasing) but there is no guarantee. Mayor Reeves stated he is all for Johnston Island. It could be a wonderful place for a water park, tennis courts, pickle ball, etc. It has to be done the correct way to negotiate the best price for the citizens of Atlantic Beach. If this passes tonight then the City Manager is authorized to spend $35,000 for an appraisal without knowing the selling price from the owner. A lengthy discussion ensued about the purpose of the appraisal and whether or not the seller has offered a sales price. Mayor Reeves and Commissioner Waters inquired if there is a written or a verbal offer on file from the seller? Mr. Hogencamp responded that there was no written offer. It is his understanding there is a verbal offer. 9 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING Mr. Hogencamp stated that the $35,000 includes both the full appraisal and a due diligence review. He suggested starting with the review to move forward, if that is feasible. Discussion continued about Jacksonville not purchasing Johnston Island, waterfront and waterway access and use, adjacent River Branch Preserve, Tideviews Preserve, Dutton Island Preserve, and probability of improving access without having to drive into Jacksonville and turn around, or drive into Atlantic Beach and turn around. The appraisal and due diligence review will show what the island is valued at, what the uses are, acreage, and if it is on brown field, etc. City Manager Gerrity stated this is an expensive appraisal process because it is a unique, one of a kind property. Without knowing previous uses or what could be existing under the ground or in the water, a Phase 2 environmental assessment will be needed. Discussion continued about needed improvements for ingress and egress on the island involving Department of Transportation (DOT), and that Jacksonville is looking for more boating access locations. Commissioner Hill stated, for the record, he is in the boating industry and that would be a great use to have on Johnston Island. Commissioner Harding stated he has used the property while growing up, and is interested in preserving and acquiring land to protect the natural resources. He is in support of this item. Commissioner Waters referred to the Letter of Interest attached to the Staff Report in the agenda. The purchase price of $1.8 million (maximum) is listed, and it states the final price to be determined upon completion of appraisal and due diligence evaluation. Ms. Waters read the outline of the due diligence evaluation from the letter. Roll Call Votes: Aye: 3 Hill, Waters, Harding Nay: 2 Stinson, Reeves MOTION CARRIED by vote of 3 to 2 Mayor Reeves called for a recess at 8:33 P.M., and reconvened at 8:47 P.M. Mayor Reeves recognized former Mayor Susanne Shaughnessy and former Commissioner John Fletcher. 7. Action on Ordinances A. ORDINANCE NO. 90-17-229, Public Hearing and Final Reading. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOTIVE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, FOR A PERIOD OF SIX MONTHS FROM AUGUST 22, 2017 TO FEBRUARY 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER 10 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING PROVISIONS OF ORDINANCE NO. 90-16-225; AND PROVIDING AN EFFECTIVE DATE. City Attorney Durden explained this is an extension of the existing moratorium adopted by Ordinance one year ago. She stated she met with City Manager Gerrity, Deputy City Manager Hogencamp, and Planner Reeves about the six-month extension and addressed the issues. It is anticipated that Staff will have community meetings to inform the public. It is planned to have this concluded by February 22, 2018. Mayor Reeves opened the Public Hearing. There were no speakers and the Public Hearing was closed. Motion: Approve Ordinance No. 90-17-229 on second and final reading, as read. Moved by Harding, Seconded by Waters A brief discussion ensued about making this a priority to achieve a more permanent solution. It has been budgeted effective October 1st to rewrite the Land Development Code and City Manager Gerrity stated that this is an element in the rewrite. Roll Call Votes: Aye: 5 Stinson, Waters, Harding, Hill, Reeves Nay: 0 MOTION CARRIED B. ORDINANCE NO. 80-17-87, Public Hearing and Final Reading. AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING OR APPROVAL OF ANY WIRELESS COMMUNICATION FACILITIES IN THE CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE. City Attorney Durden addressed the Commission stating this will be a joint project involving the Public Utilities Director, the Public Works Director, the Building Official, and the Zoning Director. This is a result of legislation that was adopted in July 2017 by the Florida State Legislature. She stated the goal is to create criteria and standards for the City, as quickly and efficiently as possible, before the December 31, 2017 deadline as per the statute. City Attorney Durden explained she is utilizing examples from other cities and counties for comparison to see what they have adopted and she anticipates this will be finalized in November. Mayor Reeves opened the Public Hearing. There were no speakers and the Public Hearing was closed. Motion: Approve Ordinance No. 80-17-87 as read, on final reading. Moved by Harding, Seconded by Waters Commissioner Hill stated he supports the efforts and the direction taken by City Attorney 11 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING Durden. He anticipates that the Florida League of Cities will have guidelines on this issue as well. Mayor Reeves stated that this is another attack on Home Rule and he said the next legislative session will be worse. This is important for the City to work on and pass in order to get to the next step. Mayor Reeves suggested the Commission consider teaming up with Neptune Beach and Jacksonville Beach to share a lobbyist to represent and protect Home Rule for our beach cities. Roll Call Votes: Aye: 5 Waters, Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. None. 9. City Manager Reports A. City Manager's Report City Manager Gerrity reported he is meeting with Commissioners, Staff and citizens. He received an email from a citizen wanting to congratulate the Public Works Department for cleaning out the swale on Seminole Road. City Manager Gerrity expressed his appreciation for the Commissioners' civility and the positive work environment. B. 90 -Day Calendar (September through November 2017.) Consensus to approve 90 -Day Calendar. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Welcomed the new City Manager and thanked all the candidates for their involvement in the City. Commissioner Waters • Asked to keep the coastal communities in Texas in our thoughts and prayers. • Encouraged everyone to get out and vote tomorrow. • Spoke about unity in our community, that we are better together than apart. Commissioner Hill • Requested input from City Attorney Durden regarding the comments made by citizens tonight that the Commission has the responsibility to `police' each other. Commission Hill stated it is his understanding that the Commission does not have 12 Agenda Item 1A September 25, 2017 August 28, 2017 REGULAR COMMISSION MEETING that role of policing each other. • Commented on what is happening in Texas and said we all need to help bring our community together because Atlantic Beach is a barrier island and the same event could happen here. • Wished everyone good luck with elections tomorrow. Commissioner Stinson • Thanked everyone for approving the Parking/Safety Committee and a meeting is scheduled for this Thursday. • Stated that, at the request of Neptune Beach Officials, he's had meetings with Mr. Hyatt, Councilman Diamond, and Councilman Arthur because they are interested in what our City does about parking issues. • Spoke about hiring a design engineer for a two block sidewalk in Royal Palms. Commissioner Stinson questioned the reasoning behind this and was told by Public Works that the residents second-guess City Staff every time so that is why they hired the design engineer. • Spoke about Attorney Shepherd's report regarding the results of the investigation on Mayor Reeves. It was completed and released to the public prior to the election. Commissioner Stinson stated there may be disagreements, but we always need to respect each other. • Stated all the prayers for the coastal communities in Texas are appreciated. Mayor Reeves • Spoke about attending the FLOC conference and encouraged involvement. • Spoke about the investigation and Attorney Shepherd's report, and stated he will answer any questions. • Spoke about what is happening in Texas and encouraged everyone to help in any way possible. • Spoke about the election tomorrow and stated we all need to unite and do what is right for this City. Adjournment: There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:21 P.M. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk DLB/njp 13 Agenda Item 1B September 25, 2017 MINUTES "MAYPORT CORRIDOR BUSINESS DISTRICT" WORKSHOP AUGUST 30, 2017 — 6:00 PM Atlantic Beach City Commission Chamber 800 Seminole Road IN ATTENDANCE: STAFF: Molly Austin Amy Crane Kelly Erhayel Michael Hoffman Linda Lanier Dawn Scott City Manager Joe Gerrity Deputy Manager Kevin Hogencamp City Attorney Brenna Durden Interim Planning Director Derek Reeves Recording Secretary Joanie Bowman Deputy City Manager Kevin Hogencamp called the meeting to order at 6:07 p.m. in the Commission Chambers. 1. Welcome and Agenda Deputy City Manager Hogencamp welcomed everyone and explained the purpose of the meeting. 2. Introductions Deputy City Manager Hogencamp introduced Linda Lanier as the Facilitator of the meeting and asked everyone in attendance to state their name for the record. 3. Overview of Section H Interim Community Development Director Reeves explained the Mayport Business Overlay District uses as it relates to Commercial General (CG), Commercial Limited (CL), and Light Industrial Warehouse. 4. Group process The selected stake holders participated in a facilitated exercise to further develop the proposed ordinance establishing a Mayport Business Overlay District. The group covered permitted uses, uses -by -exceptions, commercial vehicle regulations, outside storage regulations including fencing and landscaping. Agenda Item 1B September 25, 2017 5. Courtesy of the floor Dara Gourley, who has a business at 2027 Mayport Road, Jacksonville, Fl., spoke about being a former business owner on the Mayport Corridor and a former Mayport Road Redevelopment Committee member. She was a part of the businesses that did not receive a use - by -exception and had to move to Jacksonville. She spoke about the importance of the aesthetics down Mayport Road, code enforcement and how to address it. Atillio Cerqueira, who has a business at 36 West 6th St., Atlantic Beach, Fl., spoke about the purpose of the Mayport Corridor Business Association and explained it is to help develop a good business and community corridor. Commissioner Elect Brittany Norris, 1183 Violet St., Atlantic Beach, Fl., spoke about her concern with code enforcement that has resulted in deregulation and the need for more specific guidelines. She stated the Mayport Business Overlay District map is confusing and suggested a visual such as a table of the information or a matrix of the different zones, uses -by -exception and permitted uses for each. Commissioner Blythe Waters, 1829 Seminole Rd., spoke about the codes and explained that they are not in place to put people out of business. The regulations we have in place were the wrong regulations. She explained that the CRA is a vehicle that was brought to create an overlay district and should be utilized in unison with the City of Jacksonville. Patrick Fontaine, 314 Sargo Rd., spoke to voice his support for the Mayport Corridor Business Association. 6. Wrap up and next steps The group scheduled another meeting Monday, September 18, 2017 at 6:00 p.m. Adjournment There being no further discussion, Deputy City Manager Kevin Hogencamp declared the meeting adjourned at 9:25 p.m. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk CITY OF ATLANTIC BEACH CITY COMMISSION MEETING SEPTEMBER 18, 2017 - 5:05 P.M. MINUTES IN ATTENDANCE: Mayor Mitchell E. Reeves Mayor Pro Tem John Stinson Commissioner Mitchell R. Harding Commissioner M. Blythe Waters (arrived at 5:25 P.M. Agenda Item 1C September 25, 2017 City Attorney Brenna Durden City Manager Joe Gerrity City Clerk Donna Bartle Recording Secretary Nancy Pyatte ABSENT: Commissioner Jimmy Hill Call to order Mayor Reeves called the meeting to order at 5:06 P.M. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Invocation and pledge to the flag Commissioner Stinson gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of minutes A. Approve minutes of the Regular Commission Meeting on August 14, 2017. B. Approve minutes of the Budget Workshop on August 14, 2017. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections and Mayor Reeves stated the minutes stand as submitted. 2. Courtesy of the Floor Mayor Reeves explained the process for the public comments and opened the Courtesy of the Floor to visitors. There were no speakers. Mayor Reeves closed Courtesy of the Floor. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda None. 5. Committee Reports None. 6. Action on Resolution A. Resolution No. 17-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #1617-12 FOR A MULTI-YEAR JANITORIAL SERVICES FOR CITY FACILITIES CONTRACT TO SUPREME JANITORIAL SERVICES. 1 Agenda Item 1C September 25, 2017 September 18, 2017 REGULAR COMMISSION MEETING City Clerk Bartle read the title of the Resolution. Motion: Adopt Resolution No. 17-15 as read by title. Moved by Harding, Seconded by Stinson City Attorney Durden addressed the Commission regarding Resolution No. 17-15. She asked that the motion be modified to include language in the resolution and in the contract with Supreme Janitorial Service. City Attorney Durden read the language into the record (which is attached and made part of this Official Record as Attachment A) as follows: "The City's financial obligations in the contract are subject to and contingent upon the City Commission's approval and future appropriation of lawfully appropriated funds." Amended Motion: Adopt Resolution No. 17-15 as read by title and including the language. "The City's financial obligations in the contract are subject to and contingent upon the City Commission's approval and future appropriation of lawfully appropriated funds." Moved by Harding, Seconded by Stinson City Manager Gerrity stated that this language needs to be in all the City multi-year contracts moving forward. Commissioner Stinson expressed his appreciation in seeking multiple bidders for this contract. City Attorney Durden also noted a correction to be made in the last `WHEREAS' clause of the Resolution. The date reads October 1, 2018, it should be October 1, 2017. Noted per Mayor Reeves. Roll Call Votes: Aye: 3 Stinson, Harding, Reeves Nay: 0 AMENDED MOTION CARRIED B. Resolution No. 17-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #1617-13 FOR THE EQUIPMENT STORAGE FACILITY AT PUBLIC WORKS TO CORE CONSTRUCTION COMPANY OF JACKSONVILLE. City Clerk Bartle read the title of the Resolution. Motion: Adopt Resolution No. 17-16 as read by title. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 3 Harding, Stinson, Reeves Nay: 0 MOTION CARRIED 7. Action on Ordinances A. Public Hearings and First Reading on Adoption of a Tentative Millage Rate and Ordinance No. 20-17-146 establishing the Operating Budget for fiscal year 2017/2018. 2 Agenda Item 1C September 25, 2017 September 18, 2017 REGULAR COMMISSION MEETING AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018. City Clerk Bartle read the title of the Ordinance. Mayor Reeves read the first item to be considered into the record: Adoption of a Tentative Millage Rate • the Millage Rate is 3.2285 • the Tentative Millage Rate is 3.2285 • the Roll -Back Rate is 3.0682 The Tentative Millage Rate is 4.97% more than the roll back rate. The purpose for adopting the millage rate of 3.2285 is to maintain a level of ad valorem tax revenue sufficient to support funding for the proposed level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion: To Adopt a Tentative Millage Rate of 3.2285 as read. Moved by Stinson, Seconded by Harding Mayor Reeves opened the Public Hearing for the first item. There were no speakers. Mayor Reeves closed the Public Hearing. Roll Call Votes: Aye: 3 Stinson, Harding, Reeves Nay: 0 MOTION CARRIED Mayor Reeves read the second item to be considered into the record: Ordinance No. 20-17-146 establishing the Operating Budget for fiscal year 2017/2018 of $32,265,742. A brief discussion ensued about the different dollar amount, $31,984,642, listed in the August 29, 2017 memo in the agenda from Finance Director Caffey. At the start of this meeting Mr. Caffey distributed a corrected memo (which is attached and made part of this Official Record as Attachment B) with the new dollar amount of $32,265,742, for the fiscal year 2017/2018 Operating Budget. Mayor Reeves opened the Public Hearing for the second item. There were no speakers. Mayor Reeves closed the Public Hearing. Motion: To Adopt Ordinance No. 20-17-146, for the Fiscal Year 2017/2018 Operating Budget of $32,265,742. Moved by Harding, Seconded by Stinson 3 Agenda Item 1C September 25, 2017 September 18, 2017 REGULAR COMMISSION MEETING Roll Call Votes: Aye: 3 Harding, Stinson, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) None. 9. City Manager Reports A. City Manager's Report City Manager Gerrity stated the second Budget Hearing is scheduled for September 25, 2017 at 6:30 P.M. City Manager Gerrity acknowledged and thanked the entire City staff of all Departments, for their outstanding efforts during Hurricane Irma. Everyone worked as a team. Mayor Reeves recognized Mayor -elect Glasser and Commissioner -elect Kelly who were in attendance. B. 90 -Day Calendar (September through November 2017.) Consensus to approve 90 -Day Calendar. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Stinson • Complimented all the City Departments and their staff and our residents for their efforts in preparing for Hurricane Irma. • Thanked City Manager Gerrity for his leadership. Commissioner Harding • Complimented all the City Departments and their staff for their outstanding performance and for maintaining the flow of information during and after Hurricane Irma. City Clerk Bartle • Reminded everyone about the Board Reception at Adele Grage Cultural Center on September 28, 2017 at 6:30 P.M. Please RSVP as soon as possible. City Attorney Durden • Advised that the City's outside counsel, Troy Beecher, has requested a meeting with the City Commission to discuss pending litigation. There will be a Special Called Meeting in the Chamber (Public) on September 25, 2017 at 5:00 P.M. and will be posted tomorrow. The Commission will open the meeting and announce there will be a private attorney/client meeting (Shade), in accordance with Section 286.011(8) of the Florida Statutes, to discuss the settlement negotiations and litigation expense strategy pertaining to the pending lawsuit Queniat v. City of Atlantic Beach, Case No. 16 -2017 -CA -319. City Attorney Durden explained that after the announcement, only the Commissioners, the City 4 Agenda Item 1C September 25, 2017 September 18, 2017 REGULAR COMMISSION MEETING Manager, the City Attorney, the City's outside counsel, and the court reporter will relocate from the Chamber to the North Conference Room in City Hall to conduct the Shade Meeting. When that meeting is concluded, everyone will reconvene in the Chamber to adjourn the Special Called Meeting. City Attorney Durden stated that the transcript is not subject to public records until conclusion of the litigation. Commissioner Waters arrived at 5:25 P.M. Commissioner Waters • Thanked all the City Departments and Staff for their amazing job dealing with Hurricane Irma - before, during, and after. • Announced that former employee Jimbo Denning is home from the hospital, started rehabilitation, is doing well and is in good spirits. Mayor Reeves • Thanked all the City Departments and Staff for all their efforts during Hurricane Irma and the recovery after the storm. • Stated he met with the City Manager and the City Clerk about keeping the November 13, 2017 agenda light because the new City Officials will be sworn in at that meeting. • Talked about the issue of the dunes and stated he has reached out to the Jacksonville City Council, our State Representatives, Senators, and Congressmen for help. A meeting will be scheduled in October and Mayor Reeves suggested that Mayor -elect Glasser plan to attend so she can be informed and involved moving forward. • Stated that on September 21, 2017 the Florida League of Cities will have their Board of Directors Meeting at One Ocean in Atlantic Beach, and then dinner at the Atlantic Beach Country Club. • Announced there will be a kick-off for WEB.COM on September 25, 2017 at the Town Center, Atlantic Beach. • Wants the City to recognize the local baseball team for winning their championship. He suggested a commemorative sign and presentation at a Commission meeting. PWD Scott Williams • Announced that a local business, DirtWorks, volunteered their time and equipment during the hurricane preparation to push up dunes, making a levy at several street ends to provide protection. After the storm they pushed it back, again volunteering their time and equipment. • Thanked Mayor Reeves for his assistance in getting the dump site open before September 25, 2017 so trash pick-up can start immediately. He will post a calendar showing the pick-up schedule dates. City Manager Gerrity • Reported on a 20,000 gallon water spill, explaining there was a crimp in a line, exasperated from all the rain/water from the storm. This line has been re-routed and is no longer leaking, and the full repair will be completed within the next couple days. This 20,000 gallon leak was reported to DEP. It is just water, no sewage. There was a brief discussion about a water line break in the 1700 block of Sea Oats during the storm which was quickly addressed and repaired. A few more non-critical water leaks have been reported and are being worked on as well. It was also noted that there was no flooding at Aquatic Gardens. There was discussion about the Dog 5 Agenda Item 1C September 25, 2017 September 18, 2017 REGULAR COMMISSION MEETING Park, noting there was flooding on the back side but the front side was walk -able. Mayor Reeves praised the City Manager for taking the initiative and being proactive with preventive measures during all phases of this storm event. Adjournment: There being no further discussion, Mayor Reeves declared the meeting adjourned at 5:42 P.M. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk DLB/njp 6 Agenda Item 1C September 25, 2017 ATTACHMENT A Minutes of September 18, 2017 ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR 2017/2018 First item to be considered: Adoption of a Tentative Millage Rate State the following: Tlie_MillageRateis 12285_ -- - - The Tentative Millage Rate is 3.2285 The Roll—Back Rate is 3.0682 The Tentative Millage Rate is 4.97% more than the roll back rate. The purpose for adopting the millage rate of 3.2285 is to maintain a level of ad valorem tax revenue sufficient to support funding for the proposed level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion to adopt a Tentative Millage Rate for operating purposes of 3.2285 Open Public Hearing Close Public Hearing Discussion and Vote Second item to be considered: Ordinance #20-17-146 establishing the Operating Budget for fiscal year 2017/2018 of $32,265,742 Motion to adopt Ordinance #20-17-146 establishing the Operating Budget for fiscal year 2017/2018 Open a Public Hearing Close Public Hearing Discussion and Vote Agenda Item 1C September 25, 2017 ATTACHMENT A Minutes of September 18, 2017 ORDINANCE NO. 20-17446 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 11, 2017, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2017 and ending September 30, 2018 in the amount of $32,265,742. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2018 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this llth day of September 2017. Passed by the City Commission on second and final reading this 25th day of September 2017. Mitchell E. Reeves Mayor / Presiding Officer Approved as to form and correctness: Brenna M. Durden City Attorney ATTEST: Donna L. Bartle City Clerk Agenda Item 1C September 25, 2017 ATTACHMENT A Minutes of September 18, 2017 City of Atlantic Beach Combined Summary of Revenues and Expenditures Summary of all Funds Cash Forward Revenues Actual Actual Estimate Budget Increase 2014-2015 2015-2016 2016-2017 2017-2018 (Decrease) 38,796,383 43,184,576 44,753,974 46,651,927 1,897,953 General Fund 11,270,909 11,871,506 11,837,705 12,758,453 920,748 Special Revenue Funds 1,546,872 1,908,090 1,615,694 1,642,801 27,107 Capital Project Fund 285,454 938,408 1,061,100 303,000 (758,100) Enterprise Funds 11,710,693 12,129,420 12,997,952 13,284,395 286,443 Trust and Agency Funds 2,118,275 4,567,762 3,914,620 3,708,908 (205,712) Total Revenues Other Financing Sources Total Resources 26,932,203 31,415,186 31,427,071 31,697,557 270,486 867,098 66,595,684 74,599,761 76,181,045 78,349,484 2,168,439 Expenditures General Fund 10,624,305 12,225,421 11,429,661 13,406,134 1,976,473 Special Revenue Funds 1,321,876 1,742,816 1,731,258 1,825,300 94,042 Capital Project Fund 192,157 3,944,160 929,111 303,000 (626,111) Enterprise Funds 9,487,930 9,676,193 13,521,301 14,602,033 1,080,732 Trust and Agency Funds 1,784,840 2,069,714 1,917,787 2,129,275 211,488 DIVISION TOTALS 23,411,109 29,658,304 29,529,118 32,265,742 2,736,624 Other Financing Uses 187,483 Cash Reserves 43,184,576 44,753,975 46,651,927 46,083,743 (568,185) Total Expenses and Cash 66,595,684 74,599,761 76,181,045 78,349,484 2,168,439 Resource Allocation Personnel Services 9,067,644 9,802,554 9,242,648 10,938,208 1,695,560 Operating Expenses 10,310,196 10,884,636 11,162,217 12,677,421 1,515,204 Capital Outlay 1,945,848 5,549,950 5,086,393 4,921,000 (165,393) Debt Service 739,211,26 1,234,990 2,008,190 2,005,868 (2,322) Transfers 1,348,210 2,186,174 2,029,670 1,723,245 (306,425) Total 23,411,109 29,658,304 29,529,118 32,265,742 2,736,624 Agenda Item 1C September 25, 2017 ATTACHMENT B Minutes of September 18, 2017 RESOLUTION NO. '17-15 MULTI-YEAR CONTRACT FOR JANITORIAL SERVICES WITH SUPREME JANITORIAL SERVICES Language to be added to Resolution 17-15 and to contract with Supreme Janitorial Services: The City's financial obligations in the contract are subject to and contingent upon the City Commission's approval and future appropriation of lawfully appropriated funds. 7 AGENDA ITEM: Agenda Item 6A & 7A September 25, 2017 CITY OF ATLANTIC BEACH., FLOR CITY COM 11SSION MEETING STAFF REPORT Public Hearings on adopting Resolution 17-14 fbr the Millage Rate and adopting Ordinance #20-17-146 establishing the Operating Budget for fiscal year 2017/2018. SUBMITTED BY: Russell Caffey, Financc Director DATE: September 13, 2017 BACKGROUND: In order to adopt a millage rate and operating budget, the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to he held on September 18th, 2017 in the Commission Chambers at 5:05pm as was noticed to all property owners by the Duval County Property Appraiser's Office. The format is the same as in previous years and is to be read into the record as presented in order to assure compliance with the TRIM laws (s,200.065, F.S.). Prior to these hearings, the City Manager presented a Proposed Operating Budget and held public workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget is funded using the millage rate of 3.2285 mills. This is a 4.97% increase over the roll hack rate. There will be a second public hearing for the final adoption of the millage by resolution and a second public, hearing for the final adoption of the Operating Budget, Ordinance #20-17-146, on September 25th, 2017 at 6:30 in the City Commission ChEunbers, RECOMMENDATION: 1.) Hold two public hearings as described in the attached outline to approve both the final Millage Rate of 3.2285 mills and the Operating Budget Ordinance #20- 17-146 with total expenditures of $32,265,742. ATTACHMENTS: Agenda for Public Hearings Resolution 417-14 Ordinance # 20-17-146 Budget Summary of all Funds REVIEWED BY CITY MANAGER: Agenda Item 6A & 7A September 25, 2017 ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR 2017/2018 First item to be considered: Adoption of the Millage Rate by Resolution 17-14 State the following: The Millage Rate is 3.2285 The Tentative Millage Rate is 3.2285 The Roll—Back Rate is 3.0682 The Tentative Millage Rate is 4.97% more than the roll back rate. The purpose for adopting the millage rate of 3.2285 is to maintain a level of ad valorem tax revenue sufficient to support funding for the proposed level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion to adopt a final Millage Rate for operating purposes of 3.2285 Open Public Hearing Close Public Hearing Discussion and Vote Second item to be considered: Ordinance #20-17-146 establishing the Operating Budget for fiscal year 2017/2018 of $32,265,742 Motion to adopt Ordinance #20-17-146 establishing the Operating Budget for fiscal year 2017/2018 Open a Public Hearing Close Public Hearing Discussion and Vote Agenda Item 6A September 25, 2017 RESOLUTION NO. 17-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida law requires the City Commission of the City of Atlantic Beach, Florida, to pass a resolution levying the millage rate for ad valorem property taxes for municipal purposes on all taxable property within the city limits of the City of Atlantic Beach, Florida, for the fiscal year beginning October 1, 2017 and ending September 30, 2018; and WHEREAS, Florida law requires said resolution to state the millage rate to be levied, and also, to state the percentage by which the millage rate to be levied exceeds the rolled -back rate as computed pursuant to Florida law; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has duly considered the budgetary requirements of the City; has adopted a tentative budget for the fiscal year beginning October 1, 2017 and ending September 30, 2018, based on a millage rate of 3.2285 mills on the taxable property within the City; and has acted in accordance with the terms, provisions, and procedures contained in section 200.065, Florida Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida, that 1. The ad valorem property tax millage rate for municipal purposes to be levied on the taxable property within the city limits of the City of Atlantic Beach, Florida, during the fiscal year beginning October 1, 2017 and ending September 30, 2018 is hereby set at the rate of 3.2285 mills. 2. The percentage by which this millage rate to be levied exceeds the rolled -back rate of 3.0682 is 4.97%. 3. This resolution shall take effect immediately upon its passage and adoption by the City Commission of the City of Atlantic Beach, Florida. ADOPTED at a public hearing by the City Commission of the City of Atlantic Beach, Florida on the 25th day of September 2018. Approved as to form and correctness: Brenna M. Durden Mitchell E. Reeves City Attorney Mayor / Presiding Officer ATTEST: Donna L. Bartle City Clerk Amended Agenda Item 6B September 25, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEF:11NC; STAFF 'REPORT AGENDA. ITEM.; Renewial of and ',Yorkers' Ciampetraation Insurance SUBMITTED BY: Catherine Berry, Esq, Director °ilium 2,11. Resources DATE: September 22„ 2017 BACKGROUND., Thcre are currently (:wo, rri ers -that pri.'„ivicle hat.rillty and workers' conopen!c3ation uyverage for T1JLlflii)fl1UiCS', 'Preferred Govur1L1iI1LI In sr ranee Frust and „Florida Municipal nance Trust, The City uses Florida Municipal Insurance 'Trust Jim our WorkersCompel atim insurance and Preferred vcrnnientI Insurance ',Dust (flit' 1) for iI 1 other liabili ty coverages, \V have received, prortipt arid efficient service fron. both carriers „.,runt they have provided exceptional renewal rates (two-year renewal for liability coverage), with a below-ext)ected increasL U1 QYC 11 premituns fur next year, Officials & Employment Practices Liability (EFOC Claims) Auto Workers Con Stat u to ry Benefit: Accidental Death & Dismemberment Environmental Legal Liability Fiduciary Liability Flood BlIDGE'P Net premium increase ibr hoth carriers expected Lo 7.ie, less than budgeted increase, RECOMMENDATIONS: • Approve renewal of all habillity insurances with ,Preferred Governmental insatranee Trust for 201 7- 20 1 9, to include Harden's broker foe and authorize the City Manager to sign ;id] related renewal documents, 2. Approve renewal ofour workers' compen.4ation insurance with the Florida League of Cities tnr 2017-201 8 ih the 'amount of $145,823.00, and authorize the City Manager to sign all related renewal documents, REVIEWED BY CITY '„MANAGEW. Amended Agenda Item 6B September 25, 2017 RESOLUTION NO. 17-19 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE RENEWAL OF WORKERS' COMPENSATION INSURANCE WITH FLORIDA MUNICIPAL INSURANCE TRUST FOR 2017-2018 AND LIABILITY INSURANCES WITH PREFERRED GOVERNMENTAL INSURANCE TRUST FOR 2017-2019, TO INCLUDE HARDEN'S BROKER FEE, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL RELATED RENEWAL DOCUMENTS. WHEREAS, there are currently two carriers that provide liability and workers' compensation coverage for municipalities: Preferred Governmental Insurance Trust and Florida Municipal Insurance Trust; and WHEREAS, the City of Atlantic Beach uses Florida Municipal Trust for its workers' compensation coverage; and WHEREAS, the City of Atlantic Beach uses Preferred Governmental Insurance Trust (PGIT) for all liability coverages except workers' compensation; and WHEREAS, the proposed 2017-2018 budget estimated an increase of 11% in these coverages; and WHEREAS, the proposed increase from Florida Municipal Trust (FY 2017-2018) and Preferred Governmental Insurance Trust (FY 2017 — 2019) is less than the estimated increase in the budget; WHEREAS, the proposed increase in Workers' Compensation is based largely on the increase in payroll and the increase in liability insurance is based on several claims incurred by the City this year; WHEREAS, the City's financial obligations in the two-year PGIT contract are subject to and contingent upon the City Commission's approval and future appropriation of lawfully appropriated funds; NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby approves the renewal of workers' compensation coverage with Florida Municipal Trust for 2017-2018 not to exceed the budgeted amount from Account Number ***-****-***.24-00; SECTION 2. The City Commission hereby approves the two-year renewal of liability coverages with Preferred Governmental Insurance Trust, not to exceed the budgeted amount from Account Number ***-****-***.45-00; SECTION 3. The City Commission hereby authorizes the City Manager to execute all related renewal documents; Amended Agenda Item 6B September 25, 2017 SECTION 4. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 25th day of September, 2017. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney AGENDA ITEM: Agenda Item 6A & 7A September 25, 2017 CITY OF ATLANTIC BEACH., FLOR CITY COM 11SSION MEETING STAFF REPORT Public Hearings on adopting Resolution 17-14 fbr the Millage Rate and adopting Ordinance #20-17-146 establishing the Operating Budget for fiscal year 2017/2018. SUBMITTED BY: Russell Caffey, Financc Director DATE: September 13, 2017 BACKGROUND: In order to adopt a millage rate and operating budget, the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to he held on September 18th, 2017 in the Commission Chambers at 5:05pm as was noticed to all property owners by the Duval County Property Appraiser's Office. The format is the same as in previous years and is to be read into the record as presented in order to assure compliance with the TRIM laws (s,200.065, F.S.). Prior to these hearings, the City Manager presented a Proposed Operating Budget and held public workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget is funded using the millage rate of 3.2285 mills. This is a 4.97% increase over the roll hack rate. There will be a second public hearing for the final adoption of the millage by resolution and a second public, hearing for the final adoption of the Operating Budget, Ordinance #20-17-146, on September 25th, 2017 at 6:30 in the City Commission ChEunbers, RECOMMENDATION: 1.) Hold two public hearings as described in the attached outline to approve both the final Millage Rate of 3.2285 mills and the Operating Budget Ordinance #20- 17-146 with total expenditures of $32,265,742. ATTACHMENTS: Agenda for Public Hearings Resolution 417-14 Ordinance # 20-17-146 Budget Summary of all Funds REVIEWED BY CITY MANAGER: Agenda Item 6A & 7A September 25, 2017 ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR 2017/2018 First item to be considered: Adoption of the Millage Rate by Resolution 17-14 State the following: The Millage Rate is 3.2285 The Tentative Millage Rate is 3.2285 The Roll—Back Rate is 3.0682 The Tentative Millage Rate is 4.97% more than the roll back rate. The purpose for adopting the millage rate of 3.2285 is to maintain a level of ad valorem tax revenue sufficient to support funding for the proposed level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion to adopt a final Millage Rate for operating purposes of 3.2285 Open Public Hearing Close Public Hearing Discussion and Vote Second item to be considered: Ordinance #20-17-146 establishing the Operating Budget for fiscal year 2017/2018 of $32,265,742 Motion to adopt Ordinance #20-17-146 establishing the Operating Budget for fiscal year 2017/2018 Open a Public Hearing Close Public Hearing Discussion and Vote Agenda Item 7A September 25, 2017 ORDINANCE NO. 20-17-146 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 11, 2017, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2017 and ending September 30, 2018 in the amount of $32,265,742. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2018 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 18th day of September 2017. Passed by the City Commission on second and final reading this 25th day of September 2017. Mitchell E. Reeves Mayor / Presiding Officer Approved as to form and correctness: Brenna M. Durden City Attorney ATTEST: Donna L. Bartle City Clerk Agenda Item 7A September 25, 2017 City of Atlantic Beach Combined Summary of Revenues and Expenditures Summary of all Funds Cash Forward Revenues Actual Actual Estimate Budget Increase 2014-2015 2015-2016 2016-2017 2017-2018 (Decrease) 38,796,383 43,184,576 44,753,974 46,651,927 1,897,953 General Fund 11,270,909 11,871,506 11,837,705 12,758,453 920,748 Special Revenue Funds 1,546,872 1,908,090 1,615,694 1,642,801 27,107 Capital Project Fund 285,454 938,408 1,061,100 303,000 (758,100) Enterprise Funds 11,710,693 12,129,420 12,997,952 13,284,395 286,443 Trust and Agency Funds 2,118,275 4,567,762 3,914,620 3,708,908 (205,712) Total Revenues Other Financing Sources Total Resources 26,932,203 31,415,186 31,427,071 31,697,557 270,486 867,098 66,595,684 74,599,761 76,181,045 78,349,484 2,168,439 Expenditures General Fund 10,624,305 12,225,421 11,429,661 13,406,134 1,976,473 Special Revenue Funds 1,321,876 1,742,816 1,731,258 1,825,300 94,042 Capital Project Fund 192,157 3,944,160 929,111 303,000 (626,111) Enterprise Funds 9,487,930 9,676,193 13,521,301 14,602,033 1,080,732 Trust and Agency Funds 1,784,840 2,069,714 1,917,787 2,129,275 211,488 DIVISION TOTALS 23,411,109 29,658,304 29,529,118 32,265,742 2,736,624 Other Financing Uses 187,483 Cash Reserves 43,184,576 44,753,975 46,651,927 46,083,743 (568,185) Total Expenses and Cash 66,595,684 74,599,761 76,181,045 78,349,484 2,168,439 Resource Allocation Personnel Services 9,067,644 9,802,554 9,242,648 10,938,208 1,695,560 Operating Expenses 10,310,196 10,884,636 11,162,217 12,677,421 1,515,204 Capital Outlay 1,945,848 5,549,950 5,086,393 4,921,000 (165,393) Debt Service 739,211.26 1,234,990 2,008,190 2,005,868 (2,322) Transfers 1,348,210 2,186,174 2,029,670 1,723,245 (306,425) Total 23,411,109 29,658,304 29,529,118 32,265,742 2,736,624 A(;,IiiNI)A, lir Agenda Item 7B September 25, 2017 CITV 0.1? Alt LA CITY COMMISSION STAFF BliIPORT Ord No. 90-17-22S, First Ricading (ILIBLIC .'11tEARING) AN ORDINANCE OE T"illE ary oF ATLANTIC BEACH, 1i.OR DA,ESTABLISII1N(3 THE MAY:PORT BUSINESS OVERTAY DIST AMENDING CHAPTER 24, ,AtitTICLI: 111, DIVISION 7, 'TO A1D1) NEWSECTION 24-175, MAYPORT OVER,1„,,AY DISTRICT; PROVIDING FOR. A LIST GI; PERMITTED LISES, USES BY EXCHTION ANI) D.EVEL ADENIENT STANDARDS; P (ELI( ; PROVIIANO FOR SV IMA AND PROVIDING AN EFFECTIVE DATIL SUBMITTED BlEt Derek W, Reeves,. Planner DA.TE: September 20, 2017 BACKGROUND: 'Elie City Conunission iskd snif1 repaiv, an nidinance based on draft language created hy a group of business owners/commercial property owners frorn Iic Mityport Road corridor, The Conant ission and Cornin un y Development Board (Ii":013) held a:joint meeting to discuss, the draft language on May 24, 2017. The basics of the draft languagewfl to provide a larger list of permitted uses across the commercial and industrial zoning districts in the Mayport Road corridor with required, buffering standards„ the Community Lkiivelopinent Boind considered ail original proposed ordinance at their August 15, 2017 meeting (vIiiere they asked stitIT to COme hack at the ine,N1 Illeethg Willi changes to the proposed ord 1 II LWIC atilt NYCittld make it eionsistent with Ine Compreilensive Man, Staff held poblie wtiirkshiops on August 30, 2017 and September 18, 201,7 to gather additional input from siakeholders in the tam ro nur ily The revised proposed ordinance allows propertievil Iiri lh Mayport, Business Overlay District (MIKA)) to utilize the permitted iises mid USC13-11y-except ion of their tespeet vt zoning district in addition to a defined list oil permitted uses, and ugegi-by-excepfion for the DZIBOID. These tises are a blend of Nvhato alt 1o1 within the various zoning districts while shit being consistent with firm provisions of the Comprehensive Phan in (tuns of intensity and typos of uses, Additionally, 'Oleic are loosenedrestrictions ort commercial vehkres in the Coinivercial General iti(11) and r ommercia1 Limited (CIL) zoning districts a 'well as an expansion of outside storage in Light Industrial arid Warebottaing (,.1,1"(iV) with required screening, tihi September 1911i the Conainut laity IiIevelopment. Board unanimously 'voted to recommend approval at the revised proposed ordinance .NV1111 the 'modification that subsection (1) be removed in its entirety., BUDGET; None.. HECOMMENDATION: dlio approve Ord. No.,. 90-1.7-228 with. subsection (0 -Outside storage, regulations" rennived on First Reading and continue the tinlinance to Second Reading and Public Flearing 011 October 9.6 2017 (fru tri the CI A.TTACITMENTS: C1)1.1 staff report, Ord. No 90-17722.. (rev1sed 9-19-1 7). 4 litEVIENVED ,BY CIEEY .MANAGER,i, Agenda Item 7B September 25, 2017 (t) CITY OF ATLANTIC BEACH COMMUNITY DEVELOPME T BOARD STAFF REPORT AGENDA ITEM CASE NO Ora, N. 90-11-228 AN ORDNANCE OF 11 JE CITY OF ATLANTIC REACH„ :FLORIDA, ESTABLISHIE0 'FRE IVIAYPORT 131,....1SINESS OVERLAY 'DISTRICT; AMENDING ettA.PIER. 24, ARlICLE HI, :DIVISION 7, 1"0 ADD NENW SECTION 24.175, MAYPORT BUSINESS OVERLAY 1.:JISTRICT; 10R.. A LIST OF PERMITTED AND CONDITIONAL IISES AND DEVELOPMENT STANDARDS; .PROVIDING FOR CONFLICT; PROVIDING FOR ,SEVERABILITY; AND :PROVIDING AN EFFECTIVE LOCAFION'ISIyport" Business Overlay Disiniict DATE September 1, 2011. STAFF trek W. Reeves., Planner P I? 0 PO S Eft ORDINANCE The City Comm ission has asked sniff to pi epar ui ordinonce based on draft language created by a group uI Ittistriess caw property owners from the Mayport Road Corridor, The Cormnissi on and Cominunity Development Board held a joint meeting to discuss the draft language on May 24, 2017i "fhe basics of the proNsed ordinance are to provide a larger Iit M permitred uses, across the commercial and timlustrial zoning districts in the Mayport Road corridor vidth required increased hollering standards The Community .Development Board considered the proposed ordinance at their August 15, 2017 meeting where they risked staff to. come back at the next meeting with. changes to the proposed ordinance that were consistent with the Comprehensive Nam Staff held a public workshop on August 30, 2017 to gather additional irmtit. !from ,stikeholders in the community. While it is planned to have a "follow pittbfie workshop on September 18, 2017 to flush mit some final details, the frame work is largely in place and described in the following: Area Inipacted One [major change tel the previous Tr ap is that theon-rinereial and Professional Office (CP)) prope.rtics have been, removed from the Mayport Business Overlay "District (MBOD). Fhs removes the lowest intensity zoning,' districts and. those .with wine Of the greatest potential 'impact on residentiaL See the revised map to the right, /, )1401'4104 Zcollrrip 0111hict Agenda Item 7B September 25, 2017 Uses The proposal is no longer that all of the permitted uses and uses -by -exception from Light Industrial and Warehousing (LIW), Commercial General (CG) and Commercial Limited (CL) would be allowed throughout the district. Instead, there will be a defined list of permitted uses and uses -by -exception for the MBOD that are in addition to what is allowed by a property's zoning district. This removes some of the more intensive and industrial uses that may not be appropriate in CL or CG under the Comprehensive Plan. Like the previous proposal, there is still a provision that makes the least restrictive requirement between the MBOD and the respective zoning district allowed. Permitted Uses The current proposed list of permitted uses throughout the MBOD is as follows: (1) Services establishments where a service is provided on-site, such as restaurants, banks, barbers, tailors, gyms, printers, fine arts school, on-site repairmen, minor automotive repair, and child care centers. (2) Retail sales of goods such as food, pharmaceuticals, clothing, jewelry, toys, books, flowers, art, home furnishings, home appliances, automotive parts, nursery plants, beer and wine only for off -premises consumption. (3) Professional and business offices such as doctors, lawyers, architects, and real estate brokers. (4) On -premises consumption of beer and wine only in conjunction with a restaurant, where at least fifty one (51) percent of sales are from food and non-alcoholic beverages. (5) Wholesale operations in conjunction with on -premises retail sales, where at least fifty one (51) percent of sales are from on -premises retail sales. (6) Craftsmen and artist operations in conjunction with and secondary to on -premises retail and service establishments, such as furniture repair with woodworking, surfboard repair with surfboard production, and tap room with brewery, provided the gross enclosed square footage does not exceed two thousand five hundred (2,500). (7) Contractors where work is performed off-site, such as plumbing, electrical, heating and air conditioning, lawn care, and pest control. (8) Hotels, motels, resorts, and short-term rentals as defined in Section 24-17. (9) Non -amplified live entertainment performed within an enclosed building, not including adult entertainment establishments as defined by Section 847.001(2), Florida Statutes. (10) Civic centers such as libraries, museums and cultural centers. (11) Religious institutions in accordance with Section 24-153. (12) Mixed use projects combining the uses above, and those permitted by right by the zoning district as applicable. Uses -by -Exception The current proposed list of uses -by -exception throughout the MBOD is as follows: (1) Veterinary clinics, pet grooming, pet day cares, and pet kennels including those for the overnight boarding of animals. (2) Hospitals. (3) On -premises consumption of alcoholic beverages, not including restaurants with on - premises consumption and tap rooms as described in Section 24-175(c)(4 and 6) respectively. (4) Retail sale of gasoline, diesel, propane, hydrogen, electricity for battery charging or other fuels intended for use in motors. Page 2 of 3 Agenda Item 7B September 25, 2017 (5) Sale of new and used automobiles, motorcycles, boats and street legal electric vehicles, and automotive leasing establishments. (6) Drive-through facilities including those in association with restaurants, banks, retail establishments, pharmacies and ice vending machines. (7) Mixed use projects combining the uses above, as approved, and those in the preceding section as well as those permitted by right or use -by -exception by the zoning district as applicable. Commercial Vehicles Something included in the previous proposal is the allowance for multiple commercial vehicles to be allowed on a property throughout the MBOD. In the revised language, this has been specifically called out as allowable with defined requirements for the commercial vehicles to be parked on stabilized surfaces. Those parking or vehicle use areas as they are called in the code require defined setbacks and landscape requirements. Buffering and Screening Required For where outside storage is permitted, the same requirements as described in the previous proposal would apply. Some stricter language has been added for the type trees to be planted. ANALYSIS Comprehensive Plan Concerns about the previous proposal related to the Comprehensive Plan have been addressed in this new proposal. By removing the purely industrial uses and the more intensive uses from the MBOD, there are no longer conflicts with having those industrial and intense uses in commercial zoning districts and especially the CL zoning district. This also includes the removal of outside storage from the commercial zoning districts as the Comprehensive Plan only recognizes it in industrial areas. Standard Industrial Classification (SIC) Similar to the conflicts with the Comprehensive Plan, the removal of industrial uses and more intensive uses from the MBOD is also consistent with SIC descriptions. CONCLUSIONS Since another public workshop is scheduled after the release of this staff report that may lead to additional changes, staff's presentation will update the board on those changes at the meeting. Ultimately, staff is working with the public to draft something that is agreeable to all parties and that is also consistent with the Comprehensive Plan, as request by the Board at the last meeting. STAFF RECOMMENDATIONS Based on the current version of the proposed ordinance at the time this report was prepared, staff recommends that the Community Development Board should recommend to the City Commission that this ordinance be Approved, finding that it is consistent with Comprehensive Plan. Page 3 of 3 Agenda Item 7B September 25, 2017 ORDINANCE 90-17-228 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE MAYPORT BUSINESS OVERLAY DISTRICT; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, TO ADD NEW SECTION 24-175, MAYPORT BUSINESS OVERLAY DISTRICT; PROVIDING FOR A LIST OF PERMITTED USES, USES BY EXCEPTION AND DEVELOPMENT STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach recognizes and supports the need for economic development along the Mayport Road corridor; and WHEREAS, the City of Atlantic Beach desires to promote the use, development and redevelopment of commercial and light industrial properties along the Mayport Road corridor through the establishment of an overlay district in the area and modification and expansion of permitted uses and use -by -exceptions; WHEREAS, the City of Atlantic Beach recognizes a need for buffers and screening of and between certain uses; and WHEREAS, establishing the Mayport Business Overlay District is in the best interest of the City of Atlantic Beach. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Establishment of New Overlay District. There is hereby established the Mayport Business Overlay District, as a new overlay district within the City of Atlantic Beach. SECTION 2. Regulation Added. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Section 24-175, which shall read as follows: Page 1 of 5 Agenda Item 7B September 25, 2017 Sec. 24-175. — Mayport Business Overlay District. (a) Purpose and intent. The purpose and intent of the Mayport Business Overlay District is to encourage economic development by providing for a mix of uses in the commercial and light industrial zoned properties located within the Mayport Business Overlay District. (b) Applicability. The Mayport Business Overlay District provisions set forth within this section shall apply to all use, development and redevelopment of certain Commercial Limited ("CL"), Commercial General ("CG") and Light Industrial and Warehouse ("LIW") zoned properties located within the boundaries of the Mayport Business Overlay District, as more particularly shown on Map A, attached hereto and made a part hereof and described as follows: Atlantic Boulevard between Mayport Road and the southerly extension of Main Street on the south; Main Street, including the southerly extension to Atlantic Boulevard and North Main Street on the west; Dutton Island Road West between North Main Street and Mayport Road on the north; and Mayport Road between Atlantic Boulevard and Dutton Island Road West on the east, including those properties with frontage on Mayport Road on the east side of Mayport Road and north of North Forrestal Circle. (c) Permitted uses. The permitted uses on properties zoned CL, CG and LIW which are included within the Mayport Business Overlay District shall include those uses enumerated in the property's respective zoning district or districts, as well as any of the following uses: (1) Services establishments where a service is provided on-site, such as restaurants, banks, barbers, tailors, gyms, printers, fine arts school, on-site repairmen, minor automotive repair, and child care centers. (2) Retail sales of goods such as food, pharmaceuticals, clothing, jewelry, toys, books, flowers, art, home furnishings, home appliances, automotive parts, nursery plants, beer and wine only for off -premises consumption. (3) Professional and business offices such as doctors, lawyers, architects, and real estate brokers. (4) On -premises consumption of beer and wine in conjunction with a restaurant, where at least fifty one (51) percent of sales are from food and non-alcoholic beverages. (5) Other than breweries or distilleries, wholesale operations in conjunction with on - premises retail sales, where at least fifty one (51) percent of sales are from on -premises retail sales. (6) Craftsmen and artist operations in conjunction with on -premises retail and service establishments, such as furniture repair with woodworking, artists' studios with retail sales, surfboard repair with surfboard production, metal welding with decorative iron works and tap room with brewery or distillery, provided the gross enclosed square Page 2 of 5 Agenda Item 7B September 25, 2017 footage does not exceed two thousand five hundred (2,500) and that all such operations take place within enclosed buildings. Contractors where work is performed off-site, such as plumbing, electrical, heating and air conditioning, lawn care, and pest control. Hotels, motels, resorts, and short-term rentals as defined in Section 24-17. Non -amplified live entertainment performed within an enclosed building, not including adult entertainment establishments as defined by Section 847.001(2), Florida Statutes. Civic centers such as libraries, museums and cultural centers. Religious institutions in accordance with Section 24-153. Mixed use projects combining the uses above, and/or those permitted by right by the zoning district as applicable. In the event of a conflict between the uses authorized by a respective zoning district and in this subsection, the least restrictive regulation shall be applicable. (d) Uses -by -exception. The use -by -exception uses on properties zoned CL, CG and LIW which are included within the Mayport Business Overlay District shall include those uses enumerated as uses -by -exception in the property's respective zoning district or districts, as well as any of the following uses: (1) Veterinary clinics, pet grooming, pet day cares, and pet kennels including those for the overnight boarding of animals. (2) Hospitals. (3) On -premises consumption of alcoholic beverages, other than restaurants with on - premises consumption and tap rooms as described in Section 24-175(c)(4 and 6) respectively. (4) Retail sale of gasoline, diesel, propane, hydrogen, electricity for battery charging or other fuels intended for use in motors. (5) Sale of new and used automobiles, motorcycles, boats and street legal electric vehicles, and automotive leasing establishments. (6) Drive-through facilities including those in association with restaurants, banks, retail establishments, pharmacies and ice vending machines. (7) Mixed use projects combining the uses above, as approved, and/or those in Section (c) above as well as those permitted by right or use -by -exception by the zoning district as applicable. (8) Craftsmen and artist operations in conjunction with on -premises retail and service establishments, such as furniture repair with woodworking, artists' studios with retail sales, surfboard repair with surfboard production, metal welding with decorative iron works and tap room with brewery or distillery, provided that all such operations take place within enclosed buildings, if the gross enclosed square footage exceeds two thousand five hundred (2,500). In the event of a conflict between the uses authorized by a respective zoning district and in this subsection, the least restrictive regulation shall be applicable. Page 3 of 5 (e) (f) Agenda Item 7B September 25, 2017 Commercial vehicle regulations. Commercial vehicles parked on CL, CG or LIW properties with a Local Business Tax Receipt and which are included within the Mayport Business Overlay District are permitted, provided that they are parked within the confines of a property on a stabilized surface such as asphalt, concrete or pavers and are properly registered. Commercial vehicles shall include all cars, trucks, vans, trailers and other vehicles authorized to operate on public streets. Effect of other Code Provisions. Except as expressly modified by the provisions of this section, all other provisions of Sections 24-110, 24-111 and 24-112, as may be amended, of the City's Code of Ordinances, as well as other applicable provisions in the City's Code of Ordinances, shall remain valid and in full force and effect as to the use, development and redevelopment of all CL, CG and LIW zoned properties within the Mayport Business Overlay District. SECTION 3. Conflict. All ordinances previously adopted by the City in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 4. Severability. If any section, subsection, sentence, clause or phrase or provision of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this ordinance invalid or unconstitutional. SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2017. PASSED by the City Commission on second reading this day of , 2017. ATTEST: CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Page 4 of 5 Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Page 5 of 5 Agenda Item 7B September 25, 2017 Agenda Item 7B September 25, 2017 DRAFT 9/19/2017 Changes from S/311 Uraff shown in redlines ORDINANCE 9047"-:.228 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLO1I.IDA, ESTARILISIEING THE ,',AYPORT BIISINESS OVERLAY DISTRICT; .AMENDING CHAPTER 24, ARTICLE 111, 141VI4I0N 7, TO ADD .NEW SECTION 24-175, M.,AYI'ORT .B11SINESS OVERLAY ',DISTRICT; PROVIDING FOR .A LIST OF PERMITTED illtiSiFY AND-GEINEWEIdONA41 USES 'BY )1;;X;ifITT:r.toN ANI) .DEVEIA)PMENT STA,NDARDS; PROVIDING FOR C11NELICT; PR.OVIDING FOR SEVER,AHILITY; AND PROVIDTNIC; .AN I1ATE. '"VVITEREAS„ the (ty ef Atianti Bek 'ireco gnizes and suppOisii;he need ilor counornie. development along the 'Mayport Road corridor; and. WHEREAS, the City of .Adantie....Beach. dLs1Ie lo promote the use, deelopmen.t and red.egediopment of commercial and light 'itriduStrial properties, ,aiong the Nditypert. R.oad coirr'itior through the establishnitithi.of tin.overLly district 11 he arca aiid itiddilication and expansion of permitted uses mitt use-by-execption,s; ViliEREAS,• the City .f A. 'leach recognins a need for htiffers and screening ol and between cell i a uses; an d 1,V1tEREA„ , establishing thi Maynort 1411S111061S OVerkly District is in 'Ale best interesi of ifie C'ity o At !antic Bead), NOW ITIE'1?,ArEORE, Bi IT ENACTED ITV Tin", (1 cOMMISSION ON BEHALF OE Tint!: F"Eopj„,,,E OPTIM r'''' OF ATLAN'ric :FLORIDA: SECTION I. Establishment of New Overlay District, 'there is hereby established the Mayport Husi ()verlay District, as a new overlay district wihiii tile City of Atlantic Beach. Pagef 3 Agenda Item 7B September 25, 2017 DRAFT 9/19/2017 Changes from 8/31 Draft shown in redlines SECTION 2, Regulation Added. T1w, Code of Ordinances of the City of Atlantic Reach, Florida:is hereby amended by ridding a new section to be numbered Section 24-175, which shall read as fellows: See. 24175. Nilayport 11.:3itsinesis Overlay District. (a) Purposo and inieni The putpose and intern of glue Maypori liusiness Overlay District is to ereoui age ecommiic development. hy pinviding kir a mix (lues in the conuncreial and light industrial zoned properties located within the Pvlayport t3usines Overiay District. (b) Atrfihrobilio,„ 'rho Mayport tisiicS inlay Ptistriet provisinns set forth within this section shall apply ro all use, developtnent and redevelopment ol'ec nail] Commercial LiiuiLcI (-C1,""), rnerciti Cieneral ("ot7j(1") and Light. Industrial and Warehouse (J V) zoned properties loeated within the trioundaries or the Maypnirt Business Overlay District, as more particularly , „ .„ v°91 Jag M?p/N. [1a[JW,Gt ItIJ:1°41,1„(thJID Laqi4Jugurtagigolitylsj uescribed r011OWS: AdanticBoulevard between Mayport Road and the southerly extension of Main Street on the south; Main Street, including the southerlyextension to Atlantic 13oulevarl - nd North Main Street mi the west; thitton Island :Road West. between ",Notith Pylain:Stvt and 'Mayport Read on .the north; and Maynota Road between .Allantie Boulevard and Dutton island Road \West on the east, including those properties with *tillage on.Mayport Road oti. the east, side of Mayport Rood and nortli of North Forrestal (e) .Permittedtt',,Yes,:ilte permitted uses on properties zoned Ci„ CO and 1....AW21tichjarejn2JOSISSI within the Maypert. 13usitteSs Overlay District shall include those, .uses cnunierated in th.e property's respeetive zoning'.disrict or districtsi,itega4heiti-withij f.the followin.g uses: (1) Servioes establishments where a service is provided on-site, such as restaurants, banks, barbers, tailors; gyms, .printers .firte arts school, on-site repairmen, inirear automotive repair, and child care <>enters. (2) Retail sales of goods suchas tOech pluirmateuticals, clothing, jewelry, toys; 'books; flowers., art, home :tiarnihings... home appl iuiccs,att"10111101i.'ve. parts, nursery p[aats, beer and wine only fn' 0 ff-prem ises consumption. (3) Professional and business, ()laces such as doctors, lawyers, architects, and real estate brokers. 131.41817q.,2 Rage 2 of 6 Agenda Item 7B September 25, 2017 DRAF1 9/19/2017 Crili es from 8 31 Draft shown hi redlines (4) On.preiri toes consumption of beer mid wineonfyin colliglinCt '01•1 with n restatiraitt, where at 'least fitly one (51) per fsales ore from food and non-alcoholic beverages. (5) 01 her than Freliveries or eistillerics„ W-vitioiesale olierations in conjunction with on - premises retail sales, where at least fifty one (51) percent of sales arc from on -premises retail sales. (() Craftsmen E1110 artist opertaions in conjunction Wi,th fitid-tieectridary-tc-on-premises retail and service establishments, such as furniture repair with W edworking, 41,:(is!s'ttic,hos I 1 iNgint suribouid repair whit surfboard production, inctal g cicq.21:6 in29 nlb and lap room with hremerY c1kifillgy, provided the grross enclosed square footage does not exceed two thouSa lid live hundred (2,500) mitt hal Old" 1,12c14 (7) Contractors where work is peribinled ffte„, such as plumbing, electrical, heating taut], air conditionirig, lawn care, and pest control, (8) Hotels, motels, resorts, and short-term rentals as defined in Section 24 17. (9) Non -amplified live entertainment performed within a enclosed burikling, not including akin, enteiTtainment establishments as defined ny Seel ion 847.001(2), Florida Skatites„ (10) Civic centers Such as libraries, Ell LISCLIMS and Cultural ,centors. (1 ) Religious institutions in accordance vvith Section 24.153. (12) 'Mied use projects combining the uses above., annier Mose permitted hy right hy the zoning district as applicnble. In the event of a conflict between the uses authorized by a reSpective zoning district and in this subsection, the kat restrictive regulation shallhe appilcable. (4) Use8-by-exeopfloti, The tise-byexception tiSe$ on properties zoned tiM„ CC1 and 1.. IW 12111p 1111.1._ J1.12h.100 within the Mayport flusineSs Overlay District shall include those 'uses entimernted',as L1S0S-by-:eiceeptiOn in thepmpenty's respective zoning district or districts, logitiitittifivittosiviltiasiinSLitdi the .f.iolloVit`yrig (I) (2) (1) (4) (5) (6) (7) DH KLI9,2 Veterinary clinics, pet grOothing, net du cams, and tet kennels including those far the overnight 'board I ng o anirrials._ floStittO is On-prem...ii5e$ cot-awl:104P n Of alcoholic beverages, unt-4netnitingotherLth an restaurants with on -premises consiimption and tap rooms as described in Section 24-175(e)(4 and 6) rospectivelyt Retail sale of gaoI Inc diestil, pronan, hydrogen, electricity for battery charging or other fuels intcnded Iiir use in motors. Sale anew and used .a.utomobiles, tnatureycles, boats and street legal electric vehicles, and automotive :leasing establishments. Diive-through facilities including those in ,association ivilh restaurants, banks, retail establistanents, pharmacies and ice, vending machines„ Mixed use proleets combining the uses above, es approved, andlor 'those in the-prodeding e as well as those permitted by .right or use-by-exceptionby the zoning district as applicable, Pkigc 3 of 6 Agenda Item 7B September 25, 2017 DRAFT 9/19/2017 chon0sfrom 8/3:1 Draft shown in redlines (8) C rah s eft and art. 1151212);,;111:41i ofts DFn LJR tio n wit h rtprenuses rein c 11 0 11.11:1211,1112g S111141,0§ rputi .1211KI„..11AT flu4 tr, (ISO r 1111 SOT th0a rd production.„ructial veciclin fit dQcorllt v.e i nan cttiat,..it hat a Fl Sill ch. (1111PriatiglallalS9 pL]L vhw nyi„..F arias s .itinclosest Jiatialis! ibgtilize_eNceects,,„„,,,by,s2 In the event of a conflict between the uses authorized by a respective zoning district and in this subsection, die least C' esttletive regulation shall be applicable. (e) (:unloved' vehide reguialions„ TheR,,,--4H141V4iff'VW141101.11i4)11-41e-19411I1bel'-iftvel-leebgionhiff 0,( onimeriial vehid es pa 11h ed C C o r kgrulhitlio wth dci 13 vi,:ju R. a:NJ 1101,10 qc.1 within the Mayne r-ft3tosiness Overlay District ateseijnined.„ provided that they are parked within the confines °fa property cm a stabilized surface such as asphalt, concrete or pavers and are properly registered. Ciomtnerc ial vehicles shall i lade all cars, trucks!, vans, trailers and other vehicles authorized ti operate on public streets. (if )i(/k .510rage regiolaY ions, 'file lbllowing proVisions regarding fencing, and landscaping shall he applicable tn the use, develoPinent. and redevelopment of LPW zoned properties ,,,v1fiell! H re included within the Mayport Business Overlay District, in addition to other kncing and landscaping regulations contained within the City's Code of 'Ordinances; provided„ h that, in the event of a couflica between the express provisions below and any other fencing or landscaping regulations:the express provisions below shall apply. For property with a 1.toteal Business Tax Receillt ‘Nhere outside storage of equipment, trailers, Illaterials, products not intended kr immediate sale as permitted elsewhere in the cc ode, or other similar items clohglit,,,htioit-40-iiielititic opicrthan properly registered, as applicable. c o nal erti.eiftit 411d estrial vehiclesistsstaittilsin a ct OIdt1 ttsLlh Se c tj h, 1LJ 8 bo v c iti,,A,11 such outside storage Shan be screened from view with fencing and landscaping so that 110 portion is visible from the street tir a glj oi n iitg properties intie C.' OrCianCe Wltk 111e following provisions!. I. :Fencing shalliherna.dc of vypod„ vinyl or tnason,ry„ ex.cept that exposed plain concrete block shall not, be perrinittedi 2. Fencing shall !be at least eighty-five (85) percent opaque 3„ Fencing height anti lac d114)I 1sttal I be as foilriws: (10,81140!0-2 a. Six (6) feet tall in the front yard and any sidle yard adjoining a streei4 and Ise -located at least liivesiert (512) feet from the plop erty line:except, 'ali.yagiMayperte' wet -4W 1.10441 k .get, fk,41,41.14-NOiefearefKeSreStifille4e- at -I ea st 0- feet -11rorn trroperlyolifteoctbottifivothe Page 4 ar 6 Agenda Item 7B September 25, 2017 DRAFT 9/19/2017 es from 8 31 Draft own in redlines El)eeificitiit-rcets,,toni.x.a,artrt,edatc-tne4,,,()4rtut,-wi)4e4,so:t,scsre,lntffetireqtii,re44)Sdqctuioia 24 RU h. Six (6) feet tall 1r1. si,d.eig.td.L1:1Qt.„,0(cii11.(11111tiLS,,frqpii and tear yards, exccpt where permitted to be taller by this chapter„.....lactlogilddtnallynibiyierty.„line. 4. 1,andscaping with proper irrigation shall lac requii ed in the area between properly lincs and fencing front yaids, and in side yards which adjoin a street on corner lots as follows: a, A coat intlOttS 1!,1ne, of shrubs no taller than feet, sou-ss-to-p.rovided, &lea sightlines gsjst at intersections and driveways itrilitet adapied •"„viill.hclaitnteli,,,..12.; and. b. Al, least one (I) tree found in the City of Atlantic Beach Recommended Tree. 1,„,ist in Charppter.® 23 of the Code of (,)rdinacesfir every tv,,'coty-five'(25.) linear feet at' street frontage excluding driveways. Thetrees may be clustered, but shall bc no, mare th.an. fitly (50) feet apart, Fifty (50) pettent of all trees shall be shade t.rces. e-51-1-8 - tkdow -a-po ei-ghq8)-400t-abeiwttifvK6-ei :-41,6ogH"4vfteN''-p-:kmtifqt Palros may he substituted for the required trees, at a ratio or two (2) .palms fla each, required tree or .fcatt (4) palm for each reqtrircd shade tree. 5, All .tencing rind landsciiping intprovettients on corner tots shall meet the sight -line pmvisions containett in flit:gator I 9, aStray he amended, oftheCi•ty,s (..',.nde of Ordinances. of other code Pt v 4,5104; .Ex ceOt •a 0q11 ressly modified lay the provisions o1' this section, all ether pinVisions of Sections 2411,0, 24-1 I 1 arid 24-1 12, as may be atnended, of the City's ('de of ( trdinanecti, as..well as the applicable pro sions in the City's Code of Ordinano6s,,• shall remain :valid atid in full cored and effect as to the use, d.cvelopment and recievelopinenforall, CU. and LI W Antedpropertics within. the P4,,ayport Business Overlay SECTION 3.1:7;qt:tato, Atl ordinances previously adopted by the City in conflict vdththis ordinance are repealed to the extent inconsistent .herewith. SECTION 1. SeVerability.. If any section, subsection, sentence, et atisc, or phrase or provision of this ordina tee is held invalid or naconstitutional by any et:Ina of eompewnt jurisdiction, such portion shall he <leen:led a separate, distinct and independeat pro,•vis ion and such holding shall not be construeci 1 o rend C1 thc, remaining provislan.s of this ordinance invalid or unconstitutional. ['lige, 5 of 6 Agenda Item 7B September 25, 2017 DRAFT 9/19/2017 Changes from 8/31 Draft shown in redlines SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2017. PASSED by the City Commission on second reading this day of , 2017. ATTEST: Donna L. Bartle, City Clerk CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Approved as to form and correctness: Brenna M. Durden, City Attorney, 00873809-2 Page 6 of 6 Agenda Item 8A September 25, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING COMMISSIONER'S REPORT AGENDA ITEM: Recommendation to change the election cycle of the City of Atlantic Beach, City Commission SUBMITTED BY: REPORT DATE: John M. Stinson, Commissioner, Seat No. 2 19th of September 2017 BACKGROUND: Historical voter turnout for City of Atlantic Beach registered voters participating in municipal elections since 2002 has ranged from as low as 14% to"apeak of 33% Comparatively, voter turnout for theCity of Atlantic each registered voters participating in Gubernatorial and Presidential elections since 2002 has ranged from a low of 49% to a peak of 79%: ��w Readily available data from the uval County Supervisor of Elections office is the source for these' facts and highlights the disparity of registered voter participation in City of Atlantic Beach municipal elections. JUSTIFICATION; ere may be other historical information, not presented in this chronology and not available at the time of the drafting of this report. The 4th Amendment to the Constitution of the United States references States forfeiting the State's representation in Congress if the right to vote is denied, but it is the 15th and 19th mendments that guarantee every citizen of the United States e right to vote. Title IX Electors and Elections of the Florida Statutes, further protects and defines the eligibility to cast a ballot in an election within the State of Florida. Section 38 of the Charter of the City of Atlantic Beach defers to the State of Florida statutes related to the right to vote and qualifications of electors. BUDGET: RECOMMENDATION: ATTACHMENTS: Agenda Item 8A September 25, 2017 National voter participation in the United States, since 1828, ranges from 50% to nearly 80% with an average of 60-65% (The American Presidency Project). While many consider the achievement of obtaining a State or Federal elected position to be a position of "higher office", the author of this report believes there is no higher office or calling than serving your close friends and neighbors. The data attached to this report readily identifies there is some element of the current election cycle that discourages the City of Atlantic Beach from being governed by a majority of its citizens and registered voters. Average voter participation since 2002 is 26% of registered voters casting a ballot in a municipal election. This is in stark contrast to voter participation in Presidential or Gubernatorial elections since 2002 of 69% and 53% respectively. As stewards of the public trust, elected officials have a duty and an obligation to ensure that no person is discouraged nor prevented from exercising a Constitutionally protected right, and that every effort is made to facilitate voting practices that encourage and enable citizens to select their elected officials. Finally, none of the 14 enumerated powers granted the City Commission in the City Charter can be effectively carried out with certainty if a majority of the public, albeit unintentionally, is silenced. Budgetary impact is expected to be minimal. None at this time. The following attachments are included for reference and informational purposes: PRESENTATIONS: 1) Power Point slides of the City of Atlantic Beach, Historical Voter Participation presentation prepared by Commissioner Stinson; 2) Compilation of data obtained from the Duval County Supervisor of Elections office. None at this time. APPROVAL: Agenda Item 8A September 25, 2017 Approved to form and correctness by: John M. Stinson, City Commission, Seat No. 2 IIIIIIIIIIIIIIIII!I Nllu�gl 9uu;;;t% �Im �Iuw VIII rrrrrrrrr iiD(11111111111111111111111111pIIII)! uuuuuuuuuuittttttttlll II uuuuuufflllllllmr Illuuuuuuuuuumuuuuullppm� II r r ' m{iiipm1uurcuurururrururrrrrrrrrrrrrrrrrrrrrrrruurrrrcuilimrlIlrIlrIlrIlrIlrIlrIlrIlrlIlrIlrl"IllIlIlIlIl111Il,jIl1lIljII1ll1lIl 1lI1lI1lI1lI1lI1lI1lI1lI1lI1l I1I1I11l1li1l11li1 u11111111111111111 ''''''''::::111111111111111111111111111111,1„1,),111,, pun, ullllllllllllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIli IllllI1I11°9t1lj h111l1I0rIl II IIIIIII6 ( 111111ttUt, 111111111111111111111111,11,11,11,111, 111111 IIIIII IIIIIIIIIIggpp1111Nt1. i. °uuuw illlllllllllllfffffffffffffffffffffffffffffffffffffffffffffffff IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIV 111111111111111111E! !!! :!!!!:1:111111111,1:11:1111111u�d ,-- Atlantic Beach, Florida ter Participation 111111111111111 11111 11111111111 Ii 7:1 CA, 0 of Atlantic Beach, Florida f 11 Notable Peaks in Participation 0 0 0 L) A 0 0 zA 20131 2015 & 2017 0 Q.) 0 Q[-- 00 0 E N LO � N 0 N C Q Q U) NV0111100111111111111111111 V 1111 11111111,1,11,11,1 �����1IIIIIIOum 1101111111111111111 v v 111111 v U 0 A A A A owes over Curren 11111 1101V „miiiU/ul/iiillllllllll ,n 01 I 00 10 I 11 10 0 0 ,r -+N PL' N Q N D 0 cld U 4-1 (1J 75 4. bJ N H A 0 • a) r1 Q) ces over cu 0 If election could approach 5,3 0 r -i tf) V) Ju Q) A O t4-4 • r--1 r-9 (i j Q. Q.) 0 ri-1 4-9 CAV cll V cn S -9 0 ✓ r-1 a) 0 Q 77.1 • r-9 © V • e -i H A Q 0-- 00 0 E N • N • N —0 • N Q a) Q co co • A 0 oo U cd Q 2.4 bA U cu4 74 En 4 aJ U.� A 0 0 0 0 kr)00N 00 00 N rl czt 03 00 a) on a (NI r -I CO UD (▪ -0 ',Kt' 0 ▪ 01 ▪ WI r, a co al N :13: 4-' 0 NI (-4 ruri ai co rsi ,c) .4. r•••: oci 11--• •,--1, azi csi IA ,,i *F6 ul N Lrl cv .4- N t-4 VI N N 01 ul 01 P., 00 (-9 LL c el_ NO CD 0 Col t, 0 0 . , _ , (0 ', a) a) L. CO 0) ,--,1 tO ,,,ri- N a) r -I 00 00 0 00 00 N 0) 'zit 01 01 co ,---ii co N. CO C,I CO IN IN CO CO N r,-1 U -' +" ,▪ -... o Lc 0 ro oo N N N 'A- ,ct VD ,L0 G N N 00 N N Li) N <I' N IN v --I LrI N N till Cf) N co c = - ra LI •— < 8 00 N CP, N 4- -0 0 N N tf) 0 .,t.n r -II CD -. 126) CO >, M " 00 CO 00 Nr -I IN T -I 0 00tr) N 00 c., r'sr r-1 al :-'' ...... oo ID C) 4-4 •,..t 00 N and 00 in ri N 0 N ul 11) (..)-.-., in 00 N Lo N. r•-• r, f--- Ln no a), aNt op oo rYi m T4. Go co co co co al co co co co ol co 0 c° D ,--i •,--1 ai 0- N CO cr tri ID r- 00 Cr) 0 1-1 N 00 t 00 IUD rc 0 CD 0 0 0 CD CD 0 r-1 r -i rat ,(1) 0 0 00 0CD0000000000 N N 0.4 N NI N NrJ r4 NI N N N Overall Average AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: BUDGET: RECOMMENDATION: ATTACHMENT: CITY MANAGER: Agenda Item 9B September 25, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90 -Day Calendar for the Mayor and Commission Yvonne Calverley, Executive Assistant to the City Manager C—�" September 13, 2017 None The 90 -day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90 -day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • The next Town Hall Meeting is scheduled for Saturday, October 21 at 10 am at Jordan Park Community Center. • Swearing in ceremony for new commission will take place on Monday, November 13. None Approve the 90 -Day Calendar for October through December 2017 1) Mayor and Commission 90 -Day Calendar (October through December 2017) II rtlIr 0 111111