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[CALL TO ORDER ]
WE'LL HAVE A SHORT INVOCATION AND PLEDGE IF YOU WOULD LIKE TO STAND AND JOIN US.DEAR LORD, WE THANK YOU FOR THE PRIVILEGE OF GATHERING HERE TODAY IN THE BEAUTIFUL COMMUNITY OF ATLANTIC BEACH.
WE ASK FOR YOUR CONTINUED GUIDANCE AND DIVINE WISDOM TO BE UPON THIS GOVERNING BODY, THE MAYOR, THE CITY COMMISSION, AND ALL MUNICIPAL STAFF.
TO MAKE JUST AND FAIR DECISIONS THAT FOSTER PROSPERITY, SAFETY, AND WELL-BEING FOR ALL CITIZENS.
HELP US ALL WORK TOGETHER COLLABORATIVELY, DRIVEN BY SHARED COMMITMENT TO THE COMMON GOOD AND ENRICHMENT OF OUR TOWN.
IN JESUS CHRIST'S NAME WE PRAY.
DELIBERATELY AND JUSTICE FOR ALL.
THANK YOU, COMMISSIONER GRANT.
THIS CITY COMMISSION MEETING OF THE CITY OF ATLANTIC BEACH, FLORIDA, DATED JULY 13, 2026, WILL NOW COME TO ORDER.
DONNA? COMMISSIONER BOWLES? PRESENT.
[ 1. APPROVAL OF MINUTES ]
APPROVAL OF MINUTES, SPECIFICALLY APPROVAL OF THE MINUTES OF THE REGULAR COMMISSION MEETING HELD ON JUNE 22, 2026.ARE THERE ANY CHANGES OR CORRECTIONS? OKAY, HEARING NONE, THE MINUTES STAND AS PRESENTED.
ITEM 1B, APPROVAL OF THE MINUTES OF THE BUDGET WORKSHOP HELD ON JUNE 29, 2026.
HEARING NONE, THE MINUTES STAND AS PRESENTED.
[2. COURTESY OF FLOOR TO VISITORS]
INTO COURTESY OF THE FLOOR TO VISITORS.BEFORE WE ACTUALLY GO TO PUBLIC COMMENTS, WE'VE INSERTED IN THE FIRST ITEM IS A FISCAL YEAR 25 AUDIT REPORT PRESENTED BY PURVIS GRAY.
GENTLEMEN, THANK YOU FOR COMING BACK AS YOU HAVE DONE FOR SEVERAL YEARS NOW.
SO I'LL TRY TO KEEP IT PRETTY BRIEF.
SO WHILE THAT'S GETTING PULLED UP, MY NAME IS KEVIN SMITH.
I'M THE AUDIT DIRECTOR WITH PURVIS GRAY.
HE'S THE PARTNER IN CHARGE OF YOUR ENGAGEMENT.
I'LL START OFF BY SAYING THAT THE AUDIT WENT VERY WELL THIS YEAR.
WE WERE ABLE TO GET THE AUDIT OUT BY THE STATUTORY DEADLINE OF 630.
SO WHAT DID WE DO? WE DID A FINANCIAL STATEMENT AUDIT.
WE ALSO ISSUED A COUPLE REPORTS.
WE HAD ONE OVER INTERNAL CONTROL OVER FINANCIAL REPORTING.
AS WELL AS EXAMINATION WITH YOUR INVESTMENTS.
SO THE AUDIT OPINION YOU'VE RECEIVED WAS AN UNMODIFIED OR CLEAN OPINION.
IT'S THE HIGHEST LEVEL OF ATTESTATION THAT YOU CAN RECEIVE ON THE SET OF FINANCIAL STATEMENTS.
THIS YEAR, INTERNAL CONTROL, WE DID NOT HAVE ANY FINDINGS.
LAST YEAR, WE HAD A FINDING OVER FINANCIAL REPORTING AND CLOSING.
BRITTANY AND HER TEAM DID A GOOD JOB THIS YEAR.
GETTING THE AUDIT OUT ON TIME, LIMITED NUMBER OF JOURNAL ENTRIES AND SO FORTH.
SO WE'VE CONSIDERED THAT FINDING CLEARED.
AND IN COMPLIANCE WITH FLORIDA STATUTE 218, THAT DEALS WITH YOUR INVESTMENTS.
FLORIDA STATUTES REQUIRE THAT IF YOU HAVE YOUR OWN INVESTMENT POLICY, THAT YOU HAVE TO PUT CERTAIN ITEMS IN YOUR INVESTMENT POLICY AND ALSO FOLLOW THE INVESTMENT POLICY.
WE DID NOT HAVE ANY ITEMS. OR ANY FINDINGS RELATED TO THAT.
AND WE ALSO HAD A MANAGEMENT LETTER REQUIRED BY THE FLORIDA AUDITOR GENERAL.
WE HAD A COUPLE REPEAT ITEMS IN THE MANAGEMENT GENERAL PENSION PLAN POOLED CASH.
BASICALLY, THE GENERAL EMPLOYEE PENSION PLAN WASN'T LIQUIDATED TO PAY ALL THE BENEFITS, BUT IT WAS ACTUALLY USED FROM THE CITY'S GENERAL FUND.
SO THERE'S AN INTERPUN LOAN THIS SHOULD BE CORRECTED.
THIS WILL BE YEAR 26. AND LASTLY, WE HAD A RECOMMENDATION RELATED TO SANITATION FUND.
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HAS A NEGATIVE NET POSITION.IT DID RAISE RATES, SO IT'S GETTING A LITTLE BETTER.
IF IT CONTINUES TO IMPROVE, WE'LL CONSIDER THIS CLEAR AS WELL.
NOW, THIS SLIDE BASICALLY SAYS NOT EVERYTHING IN THE FINANCIAL STATEMENTS ARE ACTUAL NUMBERS.
YOU DO HAVE TO ESTIMATE CERTAIN ITEMS. THE MORE SIGNIFICANT ITEMS WOULD BE YOUR NET PENSION LIABILITY, YOUR NET OPEB LIABILITY, AND SO FORTH.
AND WE ALSO REQUIRE TO COMMUNICATE WHETHER WE HAD ANY UM ISSUES WITH MANAGEMENT WHICH WE DID NOT UM DID WE HAVE ANY ISSUES WITH THE ACCOUNTING POLICIES OR FINANCIAL CLOTHES OR FINANCIAL STATEMENT DISCLOSURES WE DID NOT UM I JUST WANT TO BRIEFLY GO OVER OUR NATURAL HIGHLIGHTS FOR THE YEAR UM SO THE GENERAL FUND THIS IS A 2025 AND 2024 COLUMN YOU CAN SEE THAT REVENUES INCREASED ABOUT 2.1 MILLION FROM THE PRIOR YEAR THE BIGGEST ITEMS WERE TAXES, $1.26 MILLION.
YOU DIDN'T RAISE YOUR MILLAGE RATE, WHICH DID HAVE SOME INCREASE IN YOUR ASSESSED VALUE, LIKE ABOUT 9%.
BUT ALSO IN HERE THIS YEAR IS THE INSURANCE PREMIUM TAX THAT YOU RECEIVE FOR YOUR POLICE PENSION PLAN.
BECAUSE THE PREVIOUS AUDITS WERE LATE, YOU RECEIVED TWO PAYMENTS THIS YEAR.
AND IN INTERGOVERNMENTAL REVENUES.
THE LARGEST ITEM THIS YEAR FOR THE INCREASE IS RELATED TO THE CITY OF JACKSON BILL GRANT RELATED TO THE LIFEGUARD STATION.
EXPENDITURES ARE UP $1.3 MILLION, SO LESS THAN REVENUES THERE.
YOU'LL SEE THAT THE NET TRANSFERS IN AND OUT ARE DOWN SIGNIFICANTLY THIS YEAR.
LAST YEAR THERE WERE SOME TRANSFERS FROM THE ARPA FUND.
SO YOU'LL SEE THAT THE NET CHANGE IN FUND BALANCE IS A NEGATIVE ONE MILLION THIS YEAR VERSUS 225,000.
BUT LOOKING AT THE BALANCE SHEET, WE CAN SEE ONE OF THE THINGS WE LOOK AT IS DOWN IN FUND BALANCE.
YOU WANT TO MAKE SURE THAT YOU HAVE ENOUGH ON THE SIDE FUND BALANCE.
I WILL SAY IN THE ASSIGNED IS YOUR 25% POLICY BUDGETED EXPENDITURE.
AS WELL AS THERE WAS A LITTLE OVER A MILLION TO BALANCE THE FISCAL YEAR 26 BUDGET IN THAT.
SO YOU CAN SEE THAT YOUR UNDERSIGNED IS ABOUT 15%, WHICH IS JUST UNDER TWO MONTHS.
AND THEN IF YOU TAKE YOUR UNDERSIGNED AND THE SIDE, WHICH INCLUDES YOUR 25%, YOU'RE ABLE TO GET TO 55%, WHICH IS OVER SIX MONTHS.
AND THEN BRIEFLY, ENTERPRISE FUNDS, UTILITY.
SO I'VE BROKEN IT DOWN BY THE DIFFERENT FUNDS THAT YOU HAVE, THE PROGRAMS, UTILITY, STORMWATER, SANITATION, BUILDING CODE.
YOU SEE WATER AND SEWERS FLAT.
THERE WEREN'T ANY RATE CHANGES RELATED TO THAT.
STORMWATER, THERE WERE INCREASES.
SO YOU CAN SEE THERE'S 161,000 INCREASE FROM THE PRIOR YEAR.
SANITATION WAS UP SLIGHTLY DUE TO THAT.
I BELIEVE IT WAS ALMOST 3% INCREASE IN THE FEES.
AND THEN BUILDING CODE ENFORCEMENT VARIES DEPENDING ON WHAT KIND OF DEVELOPMENTS AND STUFF YOU HAVE GOING ON IN THE AREA.
YOU CAN SEE THE EXPENSES ARE UP ABOUT A MILLION DOLLARS.
PERSONNEL, ONE THING, YOU KNOW, SOME OF IT'S INCREASES IN WAGES, BUT ALSO HOW THESE ARE FULL-CRUEL STATEMENTS OF HOW THE PENSION ACCOUNTING IS.
IT CAN GO UP AND DOWN DEPENDING ON.
CONTRACTUAL SERVICES, THERE WERE ADDITIONAL, LIKE A VEGETATION CONTROL AND MAYBE SOME PIPE REVIEWING OF THE PIPES TO SEE FOR CONTRACTUAL TYPE SERVICES.
SO ALL IN ALL, TOTAL EXPENSES UP ABOUT A MILLION DOLLARS.
IF WE GO DOWN TO THE VERY BOTTOM LINE, YOU CAN SEE THAT CHANGE IN THAT POSITION.
YOU HAVE AN INCOME OF 1.9 THIS YEAR VERSUS INCOME OF 1.6 IN THE PREVIOUS YEAR.
AND THEN LOOKING AT THE BALANCE SHEET, YOU CAN SEE THE ASSETS ARE DOWN LESS THAN LIABILITIES, SO THAT INCREASES YOUR NET POSITION.
ONE THING WE LOOK AT IS UNRESTRICTED NET POSITION AS A TOTAL OF EXPENDITURES.
SO YOU'RE AT LIKE 92.7% THIS YEAR VERSUS 112% LAST YEAR.
NOW BRIEFLY, I JUST WANT TO MENTION YOUR PENSION PLANS.
SO YOU CAN SEE THAT THE RATE OF RETURNS FOR YOUR GENERAL EMPLOYEE WAS
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8.5.3% THIS YEAR, 8.41 FOR POLICE, AND THEN YOUR ACTUARIAL RATE OF RETURN IS 6.25%.
SO IF YOU BEAT YOUR ACTUARIAL RATE OF RETURN, THAT'S GOOD.
AND THEN WE ALSO LOOK AT FUNDING PERCENTAGE.
SO YOUR GENERAL EMPLOYEE'S PLAN, SO IT'S YOUR NET ASSETS DIVIDED BY YOUR TOTAL PENSION LIABILITY.
IS YOU'RE AT 104 PERCENT SO YOU HAVE A NET PENSION ASSET UH FOR POLICE IT'S AT 92.1 PERCENT UM YEAH THESE ARE IN VERY GOOD SHAPE CAN YOU BACK UP ONE SECOND ON UH THE 92 WHAT WOULD BE WHAT WOULD BE A NOT GOOD NUMBER BELOW 92 PERCENT UH PROBABLY 70S OKAY YEAH, FRS I BELIEVE IS AT 87% AND THEY USE A HIGHER DISCOUNT RATE.
SO Y'ALL ARE IN REALLY GOOD SHAPE AT THIS POINT IN TIME.
YEAH, SO THE USE OF DISCOUNT RATES, IF YOU HAVE A HIGHER DISCOUNT RATE, IT LOWERS YOUR LIFE.
IF YOU HAVE A LOWER ONE, IT INCREASES YOUR LIABILITY.
SO THOSE ARE SIDE OF THE AREA.
AND IF YOU DID, IF YOU USE, LET'S SAY YOU SAID, WELL, WE THINK WE CAN MAKE 7% ON THE PENSION.
WELL, RATHER THAN GENERAL EMPLOYEES BEING.
4% FUNDED, THAT NUMBER MIGHT BE 120%.
SO YOU'RE USING A CONSERVATIVE TARGET FOR YOUR INVESTMENT PERFORMANCE, AND THE PLANS ARE STILL AT 92 AND 100%.
WHERE IN THESE NUMBERS WOULD REFLECT NOT PAYING THE CITY OF JACKSONVILLE FOR FIRE? NO, BECAUSE IT'S A SIGNIFICANT NUMBER.
I'M JUST WONDERING WHERE WE'D FIND THAT OR WHAT FUND? I BELIEVE IT'S IN THE GENERAL FUND.
SURE, BUT WOULD WE SEE A SIGNIFICANT, LET'S JUST THEORETICALLY SAY WE DIDN'T PAY ANOTHER HALF A MILLION NEXT YEAR? OH, YEAH, YEAH.
YOUR PUBLIC SAFETY WOULD GO DOWN BY 25.
WHAT PART OF OUR REVENUES WILL WE NOT SEE NEXT YEAR OR FUTURE YEARS THAT MAY PHASE OUT? YOU'LL GET...
SO IN THE TAXES, YOU HAD TWO YEARS OF THE INSURANCE PREMIUM, WHICH I BELIEVE THAT'S A COUPLE HUNDRED THOUSAND EACH.
SO YOU ONLY HAVE ONE NEXT YEAR SINCE WE'RE ON TRACK TO GET THE AUDIT OUT ON TIME.
INTERGOVERNMENTAL, THAT'S UP AND DOWN.
IT DEPENDS ON THE GRANTS AND STUFF THAT YOU GET.
IS THAT WHAT THE INTERGOVERNMENTAL REFERS TO, FEDERAL, STATE, AND ANYTHING WE RECEIVE FROM COJ? YEAH, STATE, FEDERAL, ANYTHING YOU RECEIVE FROM OTHER GOVERNMENTS.
SO IT HAS YOUR STATE SHARED REVENUES AND DIFFERENT REVENUES IN THERE AS WELL.
WHAT ABOUT TRANSPORTATION? WE DON'T HAVE BUSES, SO AS FAR AS EXPENDITURES? YEAH, SO THAT'S MOSTLY ROADS.
IT'S WHAT WE CONSIDER ROADS FOR TRANSPORTATION.
ANY OTHER QUESTIONS? SO YOU CONSIDER US IN GOOD SHAPE AS FAR AS DEBT SERVICE IS CONCERNED? I BELIEVE SO.
THE GENERAL FUND DOESN'T HAVE ANY DEBT RIGHT NOW.
AND THEN YOU, I BELIEVE, PAID OFF ONE LOAN THIS YEAR.
SO YOU LOOK AT YOUR ENTERPRISE FUNDS, YOUR NON-CURRENTS ABOUT $5.6 MILLION.
LET'S MOVE TO PUBLIC COMMENTS.
DONNA, HOW MANY PEOPLE ARE SIGNED IN FOR EACH, AND ARE YOU CLEAR ON WHO'S SPEAKING ON WHICH? I'M CLEAR.
THERE'S SOME NAMES MISSING, AND THERE'S ALSO SUPPORT THAT GAVE ME A BLANK THAT I DON'T KNOW WHAT THEY'RE IN SUPPORT OF.
THAT I'LL GET TO DURING THE PUBLIC HEARING PART.
BUT FOR THE COURTESY OF THE BILL, I THINK I'VE GOT THAT ALL.
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OKAY.PUBLIC COMMENT ON THE ORDINANCE.
I THINK THE COUNT ALTOGETHER, INCLUDING THEM AGAIN, IS NOT ON THE PUBLIC HEARING.
BUT THEN I HAVE TO MOVE UP ON THAT.
SOME OF THEM PUT THEIR ADDRESS ON, BUT NO NAME, SO WE PROBABLY CAN FIGURE IT OUT.
OKAY, YEAH, WE CAN CALL OUT ADDRESS.
SORRY, BUT THAT WOULD BE OUR ONLY CONNECTION.
WE'RE GOING TO GO WITH THREE MINUTES PER PERSON.
IF YOU'RE SPEAKING BOTH COURTESY OF THE FLOOR AND PUBLIC COMMENT ON THE ORDINANCE, YOU MIGHT WANT TO GIVE EVERYBODY SOME RELIEF AND EITHER SPEAK LESS OR SPEAK ONCE.
BUT THAT'S, I'M NOT GOING TO CALL ANYBODY ON IT.
I'M JUST SAYING, YOU KNOW, IT'LL GO LONG.
YOU WANT ME TO COME UP HERE? PLEASE.
AND THAT MIC PULLS DOWN REAL EASY.
I'M JUST QUICKLY SAYING THAT I'M SPEAKING IN SUPPORT OF ORDINANCE 9526-128, AND THANK YOU SO MUCH FOR ALL THE WORK THAT'S GONE TO BRING IT TO THIS POINT.
I THINK OUR TREE CANOPY IS INCREDIBLY IMPORTANT.
FOR THE HEALTH OF OUR COMMUNITY AND MAINTAINING OUR PROPERTY VALUES.
I'LL SEE A LITTLE BIT MORE LATER, BUT THANK YOU.
AND EACH PERSON, WHEN YOU COME UP, IF YOU'LL STATE YOUR NAME, PLEASE.
YOU DON'T HAVE TO STATE YOUR ADDRESS UNLESS WE CALLED YOU BY ADDRESS.
AND YOU HAVE MY ADDRESS ON FILE.
SOMETHING FOR LATER, I'M GOING TO READ A LETTER THAT WAS SUBMITTED BY A NEIGHBOR OF OURS AND THIS IS FOR THE RECORD.
WELL, I HOPE THAT THEY WOULD HAVE TO REALLY SUMS UP THE FEELING OF THE NEIGHBORHOOD AND THE CITIZENS OF ATLANTIC BEACH.
LONGTIME RESIDENT OF ATLANTIC BEACH AND A FORMER BUSINESS OWNER.
DEAR MAYOR AND MEMBERS OF THE CITY COMMISSION, I'M WRITING TO YOU TODAY OUT OF A DEEP LOVE FOR OUR COMMUNITY AND A DESIRE TO PRESERVE THE UNIQUE, INCLUSIVE CHARACTER THAT MAKES ATLANTIC BEACH SUCH A SPECIAL PLACE FOR EVERYONE.
OUR MARITIME FORESTS AND MATURE TREES ARE CENTRAL TO OUR QUALITY OF LIFE, OUR NEIGHBORHOOD CHARM, AND OUR ENVIRONMENTAL RESILIENCE.
HOWEVER, WATCHING THE STEADY LOSS OF OUR HISTORY, TREES TO RECENT RESIDENTIAL DEVELOPMENT HAS RAISED SOME GENTLE BUT URGENT CONCERNS THAT I HOPE WE CAN ADDRESS TOGETHER.
THE ATLANTIC BEACH ENVIRONMENTAL STEWARDSHIP COMMITTEE RECENTLY SHARED DATA THAT HELPS ILLUSTRATE WHY OUR CURRENT PROTECTIONS MAY NEED TO BE RECONSIDERED.
IN 2025, 4,436 INCHES OF TREE DIAMETER WERE REMOVED UNDER CITY PERMITS.
BUT ONLY 1,839 INCHES WERE REPLANTED.
WE ARE CURRENTLY REPLACING LESS THAN HALF OF THE MATURE CANADA PEA WE LOSE.
THE TRUE VALUE OF A TREE, RIGHT NOW THE AVERAGE MITIGATION COST IS ABOUT $3,100 PER PERMIT, WHICH BREAKS DOWN TO ROUGHLY $800 PER TREE.
WHEN A BEAUTIFUL MATURE TREE IS VALUED ENVIRONMENTALLY BETWEEN $5,000 AND $30,000, A SMALL FEE DOES NOT PROVIDE ENOUGH ENCOURAGEMENT FOR A BUILDER TO DESIGN AROUND IT.
ESPECIALLY ON HIGH-END PROPERTIES, A CONCERNING WINTER TREND.
OVER JUST A THREE-MONTH PERIOD, DECEMBER THROUGH FEBRUARY, 73 TREES WERE PERMITTED FOR REMOVAL WHILE ZERO TREES WERE REPLANTED ON SITE, RESULTING IN $133,000 PAID INTO THE TREE FUND INSTEAD.
WHILE PLANTING NEW TREES IS WONDERFUL, REPLACING A CENTURY-OLD TREE WITH A SMALL THREE-INCH SAPLING MEANS IT WILL TAKE DECADES TO RESTORE THE SHADE AND WILDLIFE HABITAT WE LOST, AND SOME OF THOSE YOUNG TREES STRUGGLE TO SURVIVE.
THESE NUMBERS REFLECT REAL CHANGES HAPPENING RIGHT OUTSIDE OUR FRONT DOORS.
ON 4TH STREET, WHERE WE ONCE ENJOYED A FULL, BEAUTIFUL CANOPY, THE LANDSCAPE IS SHIFTING QUICKLY AS OUR IMPERVIOUS SURFACE AREAS GROW.
358 4TH STREET, A NEWLY BUILT HOME RECENTLY CLEARED ALL THE TREES ON THE LOT, INCLUDING LEGACY HARDWOODS.
354TH STREET, THIS NEIGHBORING PROPERTY JUST SOLD.
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IT'S HOME TO THREE MAGNIFICENT 100-YEAR-PLUS HARDWOODS THAT ARE NOW VULNERABLE.SORRY MISS WATER THANK YOU CAROLYN ZISSER GOOD EVENING COMMISSIONERS UH CITY ATTORNEY MAYOR AND CITY MANAGER MY NAME IS CAROLYN ZISSER MY DRESS IS OF RECORD I'M AN ATTORNEY AND RESIDENT OF ATLANTIC BEACH FOR NEARLY 50 YEARS.
FIRST, CONGRATULATIONS TO OUR NEW CITY MANAGER, KEVIN HOGENKAMP.
I AM CONFIDENT IN HIS STRONG LEADERSHIP CARRYING ON THE GOALS OF ATLANTIC BEACH.
SECOND, I WOULD LIKE TO THANK ALL OF THE COMMISSIONERS FOR THIS PUBLIC HEARING TONIGHT ON THIS MOST IMPORTANT ORDINANCE, 9A TO 95, SECTION 9A.
SPECIFICALLY, THANK YOU TO COMMISSIONERS RING AND BULL FOR YOUR AMENDMENT EXPANDING THIS ORDINANCE TO INCLUDE MARITIME FOREST TREES AS HERITAGE TREES.
I STRONGLY FAVOR THE PASSAGE TONIGHT OF THIS ORDINANCE AS AMENDED.
NOW IS THE TIME TO PROTECT WHAT IS UNIQUE ABOUT ATLANTIC BEACH.
THROUGH PONTE VEDRA, JACK'S BEACH, NEPTUNE BEACH, WE ENTER ATLANTIC BEACH.
WHAT A STARK CONTRAST, NOT TO MENTION NOGGETY, WHICH IS TOTALLY FLAT.
WHAT STARK CONTRAST WITH THE GREENERY HERE.
AS A LAWYER, THE BEST PRECEDENT FOR THIS STATUTE ORDINANCE IS ALREADY IN EFFECT IN OUR SISTER CITY OF BOCA RATON.
I REFER YOU TO CHAPTER 27 OF THEIR MUNICIPAL CODE, WHICH HAS BEEN TRIED AND TESTED.
WE DON'T HAVE TO REINVENT THE WHEEL.
I'D LIKE TO GIVE YOU SOME MORE CITATIONS.
UNDER THE LANDMARK FLORIDA LAND USE CASE OF GRAHAM VERSUS ESTUARY PROPERTIES, MUNICIPAL ENVIRONMENTAL REGULATIONS DO NOT CONSTITUTE A CONSTITUTIONAL TAKING.
AS LONG AS A PERMIT IS REASONABLE, ECONOMICALLY VIABLE USE OF LAND.
THIS ORDINANCE DOES NOT DENY THE RIGHT TO BUILD.
IT REQUIRES A BUILDING RESPONSIBLY AROUND CRITICAL ECOLOGICAL ASSETS.
THE PROPOSED LANDMARK ORDINANCE DOES NOT CONFLICT WITH STATE LAW, WHICH EXPLICITLY TARGETS HEALTHY, AS THIS EXPLICITLY TARGETS HEALTHY, NON-HAZARDOUS TREES, CANOPIES THAT DEVELOPERS WANT TO REMOVE SIMPLY FOR DESIGN CONVENIENCE.
LOCAL IN SAFETY GOVERNS REMAINING HEALTHY, MATURE, AND TREES THAT PROVIDE VITAL STORM PROTECTION.
WE CAN ALSO LOOK TO OUR SISTER COUNTRY TO THE NORTH OF CANADA.
DID YOU KNOW THAT CANADA WAS THE FIRST? AM I FINISHED? I GUESS I'LL GO ON TO SOME MORE ARGUMENTS DURING PUBLIC MEETING.
I'M COMMISSION, MAYOR, AND NEWLY APPOINTED CITY COMMISSIONER, CITY MANAGER.
I'VE BEEN A RESIDENT AND A HOMEOWNER IN ATLANTIC BEACH SINCE 1993.
OUR FAMILY LIVES AT 345 4TH STREET.
MAYPORT NAVAL STATION IS WHAT BROUGHT MY HUSBAND PETER HERE FOR A POSITION ON AN ADMIRAL STAFF ON THE SARATOGA AND WE'VE RAISED OUR FOUR CHILDREN HERE.
WHEN WE FIRST ARRIVED HERE 30 PLUS YEARS AGO, ONE COULD WALK DOWN THE SIDE STREETS AND PARTS OF EAST COAST AND OCEAN BOULEVARD IN A TREE TUNNEL.
TREES FROM BOTH SIDES OF THE ROAD REACHED THEIR BRANCHES OUT AND MET OVER THE STREET CREATING A BEAUTIFUL SHADY ROADWAY.
WITH ALL DUE RESPECT, WE DO NOT NEED ANY MORE TREE STUDIES.
SERIOUSLY, FOLKS, JUST LOOK UP.
NEXT TIME YOU WALK DOWN TO THE BEACH, LOOK UP.
IF YOU ARE SHADED, THAT'S THE TREE CANOPY WORKING ITS MAGIC.
IT WAS LIKELY PLANTED DECADES AGO.
GREW, WAS NOURISHED AND MAINTAINED BY FORMER ATLANTIC BEACH RESIDENTS, MAYBE GREAT-GRANDPARENTS LIVING HERE TODAY.
IF WE NEED TREE STUDIES, WE HAVE CURRENT REPORTS FROM THE ENVIRONMENTAL STORAGE COMMITTEE, WHICH DOCUMENTS SIGNIFICANT TREE LOSSES, ESPECIALLY
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IN THIS LAST YEAR ALONE.AND NOT JUST THE LIVE OAKS HAVE BEEN REMOVED, IS THE MARITIME TREES TOO.
THOSE ARE THE SMALLER SIZED ONES THAT FORM A TREE CANOPY, WHICH GIVES US THE LAYERS OF PROTECTION IN FORM OF SHADE AND THE ROOTS HELP WITH EROSION.
IF YOU'RE LUCKY ENOUGH FOR A TREE TO SHADE YOUR HOME, THEN YOUR ELECTRIC USAGE IS LOWER THAN THOSE WITHOUT.
OUR ELECTRIC BILL INCREASED SIGNIFICANTLY WHEN A NEIGHBOR TOOK DOWN A 100-YEAR-OLD OAK TREE THAT WAS SHADING OUR YARD AND ROOF FOR NEARLY 80 YEARS.
RECENTLY, OUR FAMILY ENJOYED THE ATLANTIC BEACH CENTENNIAL CELEBRATION AT VETERANS MEMORIAL PARK NEXT TO MARSH OAKS.
IT WAS VERY NICE, BUT SUPER HOT.
EVERYONE, EVERYONE THERE WAS SEARCHING FOR SHADE WITH VERY LITTLE TO BE FOUND.
I STRONGLY URGE YOU TO ADOPT HEFTIER AND HIGHER FINES FOR REMOVAL OF THOSE TREES AS WELL AS STRICTER ENFORCEMENT.
THE TREES CANNOT PROTECT THEMSELVES FROM A CHAINSAW OR VOICE THEIR CONCERNS FOR THE ENVIRONMENT.
IT'S UP TO US TO DO IT FOR THEM AND FOR THE FUTURE OF OUR CITY AND FOR OUR GRANDCHILDREN WHO ARE THE FUTURE OF ATLANTIC BEACH.
GOOD EVENING, MAYOR, COMMISSIONERS, AND CITY STAFF.
MY NAME IS AMY FRANKE AND I AM A MEMBER OF THE ESC.
I'M HERE TONIGHT TO EXPRESS MY SUPPORT FOR THE CREATION OF THE LANDMARK TREE CLASSIFICATION.
THANK YOU FOR LISTENING TO THE COMMUNITY AND FOR STRENGTHENING THIS ORDINANCE TO RECOGNIZE THAT OUR MATURE MARITIME TREES DESERVE ADDITIONAL CONSIDERATION.
THESE TREES ARE NOT SIMPLY LANDSCAPING FEATURES, THEY ARE PART OF THE THE CHARACTER, HISTORY, AND IDENTITY OF ATLANTIC BEACH.
THE LANDMARK TREE DESIGNATION CREATES AN IMPORTANT ADDITIONAL REVIEW PROCESS, BUT THERE WILL STILL BE SITUATIONS WHERE REMOVAL IS APPROVED.
IN THOSE CASES, MITIGATION HELPS RECOGNIZE THE VALUE OF WHAT THE COMMUNITY IS LOSING.
THE ESC RECOMMENDS ALIGNING MITIGATION REQUIREMENTS FOR LANDMARK TREES ON VACANT LOTS WITH THOSE REQUIRED FOR THE NEW CONSTRUCTION SITES.
IMAGINE A 100-YEAR-OLD LIVE OAK, A TREE SO LARGE THAT IT WOULD TAKE MULTIPLE PEOPLE REACHING THEIR ARMS AROUND IT TO TOUCH.
NOW IMAGINE THAT SAME TREE GROWING ON TWO DIFFERENT PROPERTIES.
ON BOTH SITES, THE TREE PROVIDES THE SAME COOLING FROM THE SWELTERING SUN, THE SAME HABITAT FOR THE BARRED OWLS RAISING THEIR YOUNG IN OUR NEIGHBORHOODS, AND THE SAME ABILITY TO SLOW HEAVY RAINFALL BEFORE IT BECOMES RUNOFF IN OUR STREETS AND WATERWAYS.
I'D ARGUE IT PROVIDES THE SAME VALUE TO THE COMMUNITY.
WHY SHOULD THE SAME TREE REQUIRE ONLY ONE-THIRD OF THE MITIGATION SIMPLY BECAUSE IT HAPPENS TO BE LIVING ON A VACANT LOT? VACANT LOTS OFTEN REPRESENT FUTURE DEVELOPMENT OPPORTUNITIES, AND ALIGNING THESE REQUIREMENTS HELPS ENSURE WE DO NOT UNINTENTIONALLY PLACE LESS VALUE ON SIGNIFICANT TREES BASED SOLELY ON THE STATUS OF THE PROPERTY THEY GROW ON.
THE TREE DOES NOT BECOME LESS VALUABLE BECAUSE THE LAND BENEATH IT IS TEMPORARILY VACANT.
THIS ORDINANCE REPRESENTS AN IMPORTANT BALANCE.
IT DOES NOT PREVENT DEVELOPMENT.
IT ENCOURAGES THOUGHTFUL DESIGN AND ENSURES THAT OUR MOST VALUABLE TREES ARE PRESERVED WHEN POSSIBLE AND APPROPRIATELY MITIGATED WHEN REMOVAL CANNOT BE AVOIDED.
THANK YOU FOR YOUR CONSIDERATION AND FOR YOUR CONTINUED LEADERSHIP.
WE ARE ALL NEIGHBORS IN THIS ROOM.
THOSE LISTENING TO US REMOTELY OR THOSE THAT WILL TALK ABOUT THIS LATER ON OR HEAR ABOUT IT FROM THEIR NEIGHBORS.
WE ARE NEIGHBORS DESPITE THE SIZE OF OUR HOUSE, WHETHER WE HAVE A DOG OR NOT.
ALL THOSE THINGS, WE ARE STILL NEIGHBORS.
AS A NEIGHBORHOOD, WE FORM A COMMUNITY WITH COMMON VALUES.
WITH CHAPTER 3 DEVELOPMENT, WHICH STARTED MORE THAN TWO DECADES AGO, WE AS A COMMUNITY RECOGNIZED THE VALUE OF OUR MARITIME CANOPY, AND WE WERE DETERMINED THAT WE NEEDED TO PROTECT IT.
THE THEN COMMONLY CALLED TREE CODE WITH THREE PRIMATES EVENTUALLY PRODUCED A CLEARLY STATED GOAL AS BEING THE PROTECTION OF TREES AND PREVENTING THE NET LOSS
[00:30:01]
OF OUR MARITIME CANOPY.THE COMMUNITY NOW HAS THE WHAT.
ANSWERING THE HOW PART, HOWEVER, HAS REMAINED ELUSIVE TO THIS LOFTY GOAL OF WHAT WE WANT TO ACCOMPLISH.
WE ALL AGREE, YES, CANOPY'S BEAUTIFUL.
UNFORTUNATELY, WE HAVE NOT BEEN ABLE TO, AND I ADMIT I'M PART OF THE FAILURE OF ADDRESSING THE HOW TO DO THAT.
MAKE NO MISTAKE ABOUT IT, WE RECENTLY, 20 MONTHS AGO, SAID IN A VOTE, 70 PERCENT OF OF EVERY OF THE FOUR EACH OF THE FOUR DISTRICTS STATED STATED THAT WE WANT ENVIRONMENTAL PROTECTION IN OUR CITY CHARTER SO WE HAVE AGAIN THE STRONG WHAT YOU HEAR FROM OUR NEIGHBORS WE HAVE THE STRONG ONE SO HOW DO WE DO THAT WE CAN KICK THE CAN DOWN THE ROAD AND CONTINUE TO SAY MAKE INCREMENTAL CHANGES TO THE WATTS BUT UNLESS WE ADDRESS THE HOW TO ACHIEVE THAT LOT WE WILL BE HERE AD INFINITUM TRYING TO FIGURE OUT OH MY GOSH WE'RE LOSING OUR TREE CANOPY.
WHAT DO WE DO? YOU KNOW WHAT TO DO.
HOW DO WE DO IT? AND THERE'S A DISTINCTION BETWEEN THAT.
I WILL TALK ABOUT THAT AT 9-8.
BRUCE ANDREWS, 328 11TH STREET.
I'M HERE TO SPEAK IN SUPPORT OF PROTECTING OUR TREES.
AND MOST OF WHAT IS IN THIS ORDINANCE.
I AM AN ORIGINAL MEMBER OF THE ESC AND I'M ROLLING OFF THIS YEAR, SO IT'S EXCITING TO SEE THIS POTENTIALLY HAPPENING BEFORE I GO.
I DO HAVE A FEW THINGS, THOUGH, THAT I THINK OUGHT TO BE ADDRESSED.
AND IF YOU ALL CAN FIGURE THAT OUT TONIGHT AND DEAL WITH IT, GREAT.
IF NOT, I HOPE YOU WILL, YOU KNOW, FIGURE OUT HOW IT GETS DONE.
BEFORE THE ORDINANCE IS PUT INTO EFFECT.
WE'VE GOT A SIGNIFICANT ITEM IN THE DRAFT ORDINANCE THAT YOU ALL HAVE BEFORE YOU TONIGHT REGARDING A REQUIREMENT TO RELOCATE TREES.
SO WE'RE TALKING 20-INCH AND HIGHER TREES BEING RELOCATED.
YOU KNOW, I'VE SEEN VIDEOS ON YOUTUBE OF BIG OAKS AND PASTURES.
BEING MOVED BY BIG CRANES ON ROLLING BEAMS AND THINGS, BUT THAT'S KIND OF THE RARE SITUATION.
I THINK THAT INCLUDING THAT IN THE ORDINANCE AT THIS TIME IS INAPPROPRIATE AND OUGHT TO BE REMOVED.
I THINK IT'S BOTH IMPRACTICAL TO ASK PEOPLE TO DO THAT, AND IT'S SOMEWHAT UNPRECEDENTED IN MUNICIPAL ORDINANCES AND TREE PROTECTION ORDINANCES TO HAVE THAT TYPE OF A REQUIREMENT.
SECOND THING IS, AND THIS IS THE ONE THAT BOTHERS ME THE MOST, I GUESS, IN MY BUSINESS CAREER AS WE'VE TRIED TO DO THINGS AND I READ DRAFT CONTRACTS AND THINGS, I LOOK AT THEM AND I WOULD SAY THAT I'M RUNNING OUT OF TIME.
THE DEVIL IS IN THE DETAIL AND THERE'S A LOT OF ISSUES HERE REGARDING HOW THIS EXACTLY IS GOING TO GET DONE THAT MIGHT NEED TO BE TWEAKED A LITTLE BIT.
THE MAIN THING BEING, HOW IS THIS DECISION OF WHETHER A TREE MAY STAY OR CAN BE REMOVED? HOW IS THAT GOING TO BE MADE? CURRENTLY, I GUESS STAFF WILL MAKE THAT DECISION.
IT'S A VERY SUBJECTIVE, JUDGMENTAL TYPE CALL.
AND SO, YOU KNOW, YOU CALL THEM OUT TO LOOK AT YOUR TREE AND THEY SAY, OH, NO, YOU COULD MOVE YOUR HOUSE THIS WAY.
AND YOU SAY, WELL, NO, I CAN'T.
AND THEY SAY, WELL, YES, YOU CAN.
AND THEY SAY, WELL, SORRY, YOU CAN'T TAKE THE TREE OUT.
SO YOU FILE AN APPEAL TO GO TO THE CDB.
THAT TAKES, YOU KNOW, A MONTH OR SO TO GET ON THE AGENDA.
THEN YOU APPEAL IT TO THE CITY COMMISSION.
THERE'S ANOTHER COUPLE OF MONTHS.
AND SO IT'S GOING TO BE A LONG, DRAWN OUT PROCESS.
I GUESS IF THE FRICTION IS WHAT WE'RE LOOKING FOR, THAT'S WHAT WE WILL HAVE.
BUT I DON'T THINK PEOPLE WILL BE IN FAVOR OF THAT.
SO LAST THING I SAY, I'M SOMETIMES THE LONE WOLF ON THE ESC SPEAKING FOR THOSE WHO AREN'T STRONG ENVIRONMENTALISTS, BUT WHO LIVE HERE AND HAVE OPINIONS OF THEIR OWN.
THINK ABOUT THEM AS YOU MOVE FORWARD.
GOOD EVENING, MAYOR AND COMMISSIONERS AND CITY ATTORNEY.
AND IT PLEASES ME TO SAY CITY MANAGER HOGAN CAN'T.
SO I WANT TO THANK YOU ALL FOR LISTENING TO THE COMMUNITY AND THE ESC FOR THE AMENDMENT TO ORDINANCE NUMBER 9526128.
MADE AT THE 1ST READING DURING LAST MONTH'S COMMISSION
[00:35:02]
MEETING, THE AMENDMENT MADE BY COMMISSIONER RING EXPANDS THESE PROTECTIONS FROM LANDMARK LIVE TO ALL NATIVE MARITIME FOREST SPECIES THAT MEET THE 20 INCH.DBH THRESHOLD THAT WAS AN IMPORTANT IMPROVEMENT AND I APPRECIATE YOUR WILLINGNESS TO STRENGTHEN THIS ORDINANCE FOR THE BENEFIT OF THE ENTIRE COMMUNITY OUR TREE CANOPY IS ONE OF ATLANTIC BEACH'S GREATEST ASSETS IT PROVIDES SHADE WILDLIFE HABITAT STORM WATER BENEFITS CLEANER AIR AND THE UNIQUE CHARACTER THAT DEFINES OUR CITY ONCE THESE MATRI NATIVE TREES ARE LOST THEY CANNOT BE REPLACED AT LEAST DURING OUR LIFETIME THIS ORDINANCE IS A MEANINGFUL STEP TOWARD PROTECTING THE NATURAL ENVIRONMENT OUR UNIQUE ECOSYSTEM AND THE BEAUTY THAT OUR RESIDENTS VALUE SO DEEPLY I RESPECTFULLY ASK YOU TO VOTE YES ON THIS SECOND READING AND CONTINUE THE CITY'S COMMITMENT TO PRESERVING OUR TREE CANOPY FOR FUTURE GENERATIONS THANKS FOR YOUR TIME AND CONSIDERATION THANK YOU MISS HAROLD I LIVED AT THE BEACH FOR OVER 20 YEARS AND MOVED RECENTLY TO ATLANTIC BEACH THREE YEARS AGO.
ONE OF THE REASONS WE DID SO IS BECAUSE OF THE BEAUTIFUL TREES THAT YOU HAVE HERE.
I DO UNDERSTAND A PERSON'S RIGHT WHEN THEY OWN A PROPERTY THAT THEY WISH TO BUILD, BUT I DO THINK THAT THIS ORDINANCE WOULD...
ALLOW THEM STILL TO BUILD, BUT KEEP THE TREES.
I'M JUST A REGULAR PERSON WHO LOVES WALKING DOWN IN ATLANTIC BEACH.
AND IF THE TREES GO, THERE GOES, I THINK, THE CHARACTER OF THE CITY.
THANK YOU FOR YOUR RESPONSIVENESS TO THE CONCERNS ABOUT THE SIGNIFICANT INCREASE IN TREE REMOVAL AND THE IMPACT THAT THIS IS HAVING ON THE CITY'S TREE CANOPY.
I SUPPORT THE ORDINANCE UNDER CONSIDERATION TODAY THAT CREATES A NEW LANDMARK TREE DESIGNATION FOR MARITIME TREES 20 INCHES IN DIAMETER AND STRENGTHENS MITIGATION REQUIREMENTS TO PROTECT MORE OF OUR TREES.
DATA REPORTED BY THE ENVIRONMENTAL STEWARDSHIP COMMITTEE INDICATES LAST YEAR TWICE AS MANY TREE INCHES WERE REMOVED THROUGH THE PERMITTING PROCESS THAN WERE REPLACED.
THE COMMITTEE'S DATA ALSO REVEALS THAT 156 LARGER OR MATURE TREES WERE REMOVED WITHOUT PERMIT AND THERE WERE NO TREE REPLACEMENTS PLANTED AND NO MITIGATION FEES LEVIED.
THESE STATISTICS ARE ALARMING AND DEMAND ACTION.
WE BADLY NEED TO ENACT STRONGER PROTECTIONS FOR OUR LARGER AND MATURE TREES.
OUR TREES PROVIDE SHADE, PRODUCE OXYGEN, ABSORB STORM WATER, STABILIZE SOIL, REDUCE EROSION, AND CREATE HABITAT FOR BIRDS AND OTHER WILDLIFE.
THESE ENVIRONMENTAL BENEFITS ARE CRITICAL TO THE PROTECTION OF OUR LAND, OUR PROPERTY VALUES, AND OUR QUALITY OF LIFE.
EVERY DAY I DRIVE PAST THE OLD SINGLE-FAMILY RANCH-STYLE FLORIDA HOMES AND THEIR MAJESTIC OLD TREES, AND I WONDER HOW LONG THOSE HOMES AND TREES WILL REMAIN WITH DEVELOPMENT EXCUSE ME WILL REMAIN WITH THE DEVELOPMENT THAT IS OCCURRING DEVELOPMENT IS INEVITABLE AND INDEED ESSENTIAL FOR ATLANTIC BEACH TO REMAIN A STRONG VIBRANT COMMUNITY ABLE TO ADAPT TO THE CHANGING WORLD AROUND US AS THIS DEVELOPMENT CONTINUES I AM GRATEFUL THAT COMMISSION IS MOVING TO ENACT AN ENHANCED REVIEW PROCESS AND A STRONGER MITIGATION REQUIREMENT FOR TREE REMOVAL THE PROVISIONS IN THE PROPOSED ORDINANCE WILL NOT HELP PROPERTY DEVELOPMENT, BUT WILL PLACE A HIGHER STANDARD ON DEVELOPMENT TO PREVENT INDISCRIMINATE AND UNNECESSARY TREE REMOVAL.
THE PROPOSED ORDINANCE CREATES A BALANCE BETWEEN HOMEOWNERS' RIGHTS AND TREE PROTECTIONS BY PROVIDING REASONABLE EXCEPTIONS THAT ALLOW FOR THE REMOVAL OF A HEALTHY MARITIME TREE IF A DEVELOPER, CONTRACTOR, OR HOMEOWNER PROVES THAT TREE REMOVAL IS ENTIRELY UNAVOIDABLE DUE TO UNCONTROLLABLE SITE OR DESIGN CONSTRAINTS.
FINAL PASSAGE OF THIS ORDINANCE WILL GO A LONG WAY TO PROTECTING MORE TREES AND PRESERVING THE TREE CANOPY THAT IS A STRONG PART OF THE CHARACTER OF ATLANTIC BEACH AND A GREAT SOURCE
[00:40:01]
OF PRIDE FOR THIS COMMUNITY.I URGE YOUR STRONG SUPPORT AND APPROVAL FOR THE ORDINANCE.
GOOD EVENING, MAYOR, COMMISSIONERS, CITY MANAGER, CITY ATTORNEY.
I'M GOING TO SWITCH IT UP A LITTLE BIT AND TALK ABOUT SOMETHING WHICH I THINK IS VERY IMPORTANT AND RELATED TO THIS CURRENT ORDINANCE WE'RE DISCUSSING.
WHICH IS THE CHANGE IN MINIMUM LOT WIDTHS THAT OCCURRED IN 2024.
MOST PEOPLE DON'T REALIZE, BUT THIS COMMISSION, WITH THE EXCEPTION OF COMMISSIONER GRANT, WHO WASN'T HERE AT THAT TIME, YOU VOTED TO CHANGE THE MINIMUM LOT WIDTH IN ONE AREA FROM 75 FEET DOWN TO 40 FEET AND IN ANOTHER FROM 75 FEET DOWN TO 50 FEET.
THIS WILL INCREASE DENSITY, FLOODING, INCREASE PARKING PROBLEMS, AND STRAIN ON OUR INFRASTRUCTURE.
IT IS NOT POPULAR AMONG RESIDENTS, I CAN TELL YOU THAT, AND IT IS DIRECTLY AGAINST OUR CITY'S MISSION AND VISION.
SO I WOULD LIKE TO ASK AGAIN, I BELIEVE THIS IS THE THIRD TIME I'VE ASKED, WAS THIS CHANGE INTENTIONAL? IF SO, WHY? IF IT WAS UNINTENTIONAL, I WOULD RESPECTFULLY ASK THAT SOMEONE MAKES A MOTION TO REVERT BACK TO OUR OLD LOT FRONTAGE REQUIREMENTS.
I WOULD ALSO LIKE TO TALK ABOUT THE ORDINANCE 9A THAT YOU ARE VOTING ON, AND I WOULD RESPECTFULLY ASK.
PLEASE DO NOT PROPOSE MULTIPLE AMENDMENTS TONIGHT.
WE NEED TO STOP THE HEMORRHAGING.
WE KNOW THERE MAY NEED TO BE CHANGES, BUT WHAT WE HAVE RIGHT NOW IN THE CITY OF ATLANTIC BEACH DOES NOT TRULY PROTECT OUR TREES.
THIS IS A BIT OF A SEMANTICS HERE, BUT WE HAD A 250-YEAR-OLD HERITAGE TREE CHOPPED DOWN JUST BY PAYING THE MITIGATION FEES.
WHAT WE HAVE NOW ARE REGULATIONS THAT REQUIRE FEES AND COMPENSATORY PLANTINGS OF SAPLINGS, BUT WE CAN'T STOP A TREE REMOVAL.
THE POINT OF THIS LEGISLATION IS TO STOP MASS REMOVAL OF 70 TO 120-YEAR-OLD TREES.
THAT'S TWO LIFETIMES IMMEDIATELY, AND TO BE REVIEWED BY A BOARD OF APPOINTED OR ELECTED LEADERS.
AT THE END OF THE DAY, WE ARE ALL REALLY IN AGREEMENT.
WE JUST WANT TO DECREASE THE NUMBER OF ELECTIVE TREE REMOVALS AND PREVENT THE CLEAR CUTTING OF OUR LOTS FOR THE PURPOSES OF MAXIMIZING PROFIT FOR SOMEONE ELSE AT THE EXPENSE OF THE SAFETY AND RESILIENCY AND BEAUTY OF OUR COMMUNITY AND ITS CURRENT MEMBERS.
WE KNOW THAT FOR ALL THE REASONS ALREADY STATED.
AND IT'S TIME WE PROTECT THEM.
BRINKLEY-HARRELL? ON THE FIRST.
YOU'RE ON THE PUBLIC HEARING? YES.
I SUBMITTED A REPORT, BUT I SAID I WASN'T GOING TO SPEAK.
ARE YOU SPEAKING IN THE OTHER SEGMENT? BUT HAVE YOU SIGNED UP FOR THIS ONE OR THE OTHER? OKAY.
DID YOU NOT HAVE THE FORM? I'M NOT SURE WHAT IT'S NAMED.
I DO REMEMBER HIM GIVING ME SOMETHING.
IT'S IN SUPPORT OF THE ORDINANCE THAT WE'RE SPEAKING TO.
BORN AND RAISED IN FLORIDA, A FLORIDA NATIVE.
I'M A FIRM BELIEVER OF KEEPING FLORIDA WILD.
I WAS BORN AND RAISED IN SOUTH FLORIDA.
I'VE SEEN THE RESULT OF UNCONTROLLABLE DEVELOPMENT AND A LACK OF RESPONSIBLE DEVELOPMENT.
I, IN FACT, WORKED FOR A TRACK BUILDER FOR A NUMBER OF YEARS, SO I UNDERSTAND THE APPROACH TOWARDS MAXIMIZING PROFITS.
I'VE WITNESSED PERSONALLY OTHER PARTS OF NOT ONLY THIS GREAT STATE, BUT OTHER PARTS OF SOUTHEAST WHERE COMMUNITIES PERMIT DEVELOPMENT, BUT RESPONSIBLY.
I BELIEVE THAT THAT CAN BE DONE IN A NEIGHBORHOOD LIKE ATLANTIC BEACH.
AS SOMEONE POIGNANTLY SPOKE EARLIER ABOUT ALL YOU HAVE TO DO IS DRIVE DOWN A1A, YOU CAN SEE THE DIFFERENCE BETWEEN ATLANTIC BEACH, AS WELL AS OTHER COMMUNITIES LIKE JACKSONVILLE BEACH, PONTE VEDRA, AND SO FORTH, WHERE THEY'VE HAD UNMITIGATED.
UNDER YOUR STEWARDSHIP, YOU HAVE AN OPPORTUNITY TO MAKE A LANDMARK DECISION
[00:45:01]
TO STOP WHAT CAN'T BE REPLACED, AT LEAST WITHIN OUR GENERATION OR EVEN MY CHILDREN'S UPBRINGING AND THEIR TIME IN ATLANTIC BEACH.WE ASK THAT YOU STOP THE BLEEDING AND PUT TOGETHER A LANDMARK ORDINANCE THAT WILL STOP THESE DEVELOPERS FROM JUST CLEARING LOTS AND PUTTING MAX.
HOMES ON LOTS WITH NO OPEN SPACE AND NOT PROTECTING TREES.
IF THAT'S THE LAST SPEAKER, WE'LL CLOSE COURTESY OF THE FLOOR.
I'VE BEEN YOUR MAYOR NOW FOR THREE AND A HALF YEARS, AND YOU GUYS ARE GETTING VERY, VERY ARTICULATE.
SO YOU HAD ME MESMERIZED ON THIS ONE.
[3. CITY MANAGER REPORTS]
LET'S GO TO CITY MANAGER REPORTS.GOOD EVENING CITY COMMISSION AND TO OUR COMMUNITY.
FIRST OF ALL CITY COMMISSION I'M ASKING THAT YOU CONSIDER ACCEPTING THE 90-DAY CALENDAR BY CONSENSUS.
ANY CORRECTIONS? OKAY HEARING NONE YOU HAVE A 90-DAY CALENDAR.
NEXT I'D LIKE TO BRING TO YOUR ATTENTION THE MONTHLY BUILDING DEPARTMENT ACTIVITY REPORT.
I DON'T KNOW THAT ANY OF YOU HAVE SEEN THIS ON THE AGENDA BEFORE.
IT USED TO BE ON THE AGENDA UNTIL ABOUT 2022, AND WE'VE RESURRECTED IT ALONG WITH THE MONTHLY FINANCE REPORT.
YOU'LL SEE BOTH OF THESE REPORTS AT YOUR MEETINGS ON THE FIRST MEETING OF THE MONTH THAT YOU HAVE.
THE FINANCE REPORT WILL DEBUT AT THE AUGUST MEETING.
SO I HAVE A QUESTION ABOUT TREE INSPECTIONS.
HOW DO WE PAY FOR THOSE? DO PEOPLE PAY FOR THEM? DO WE HAVE TREE INSPECTIONS? YOU'RE ASKING FOR PEOPLE WHO HAVE TREE REMOVAL PERMITS, WHAT HAPPENS FROM THIS? WELL, WE'RE TALKING COLLECTIVELY ABOUT MAYBE GETTING, BEING MORE DELIBERATE IN PLANNING ABOUT TREES, RIGHT? SO IF IT'S GOING TO REQUIRE...
AN INSPECTION THEN DOES THAT COME OUT OF THE BUILDING DEPARTMENT BUDGET DOES THAT COME OUT OF THE ARBORIST BUDGET NO WE NEED TO DECIDE HOW WE WANT TO GENERATE THAT INCOME IF WE'RE GOING TO CHARGE FOR IT THAT IS PART OF THE BUILDING DEPARTMENT OKAY GOOD YEAH GOOD THANK YOU I'D LIKE TO BRING TO YOUR ATTENTION OR REMIND YOU THAT WE HAVE A TOWN HALL MEETING AT 10 A.M.
THIS SATURDAY, JULY 18TH AT BAKER COMMUNITY CENTER.
AND IN ADDITION TO INVITING AN OPEN DIALOGUE, AS YOU ALWAYS DO ON ANY TOPIC, WE ARE ACTIVELY SEEKING COMMUNITY INPUT REGARDING OUR PARKS MASTER PLANNING AND SPECIFIC PROGRAMMING FOR MARSH OAKS COMMUNITY CENTER, WHICH COMES ONLINE IN OCTOBER.
THAT MEETING IS SCHEDULED TO BE HELD AT BAKER.
WE TRIED TO MOVE IT TO MARSH OAKS.
THE SCENE OF WHAT WE'RE TALKING ABOUT, WE WEREN'T QUITE ABLE TO DO THAT IN TIME.
WE'LL PROGRAM FUTURE TOWN HALLS AT MARSH OAKS COMMUNITY CENTER.
OUR NEXT ITEM TO REPORT ON IS OUR BUDGET WORKSHOP A WEEK FROM TODAY IN THIS ROOM AT 6 P.M.
AT YOUR RECENT BUDGET WORKSHOP, WE GAVE AN OVERVIEW, A A BUDGET STRATEGY, AND NOW AT OUR NEXT WORKSHOP, WE'RE GOING TO HAVE THE POLICE DEPARTMENT AND PUBLIC UTILITIES DEPARTMENTS GIVE AN OVERVIEW OF THEIR PROPOSED BUDGETS.
THESE SESSIONS PRECEDE YOUR FORMAL ADOPTION IN LATE SEPTEMBER.
WE'LL HAVE A THIRD BUDGET WORKSHOP IN AUGUST.
AND PUBLIC INPUT IS WELCOME NOT JUST DURING THOSE WORKSHOPS BUT BETWEEN MEETINGS AND WE LOOK FORWARD TO HEARING FROM EACH OF YOU BETWEEN MEETINGS AND AT THE WORKSHOPS AS WELL.
NEXT I'D LIKE TO THANK AND CONGRATULATE OUR NEIGHBORHOODS DEPARTMENT STAFF WHICH PLANNED AND EXECUTED A STELLAR EVENT, OUR CENTENNIAL CELEBRATION AND AMERICA 250 CELEBRATION THIS PAST SATURDAY AT BEACHES VETERANS MEMORIAL PARK.
SPECIAL THANKS TO OUR POLICE STAFF, AND OUR POLICE VOLUNTEERS, OUR ARTS, RECREATION, AND CULTURE COMMITTEE MEMBERS, JOSUE CRUZ, CURTIS WINTER, AND INGRID MCCAULEY.
ALSO LENDING A HUGE HELPING HAND WERE COMMUNITY MEMBERS LENNY JEVIC AND JULIE HAMMOND, LOCAL SCOUT TROOP
[00:50:02]
37, PLAYED A KEY ROLE, AS DID THE BEACHES HONOR GUARD AND OTHER STAFFERS AND COMMUNITY MEMBERS THAT I HAVEN'T NAMED.CAPTAIN TRUMBULL FROM NAVAL STATION MAYPORT, THE COMMANDER THERE, PROVIDED AN EXCELLENT KEYNOTE SPEECH.
AND MAYOR FORD ALSO HAD A KEY ROLE IN PLANNING THE CELEBRATION.
THANKS TO EVERYONE INVOLVED, IT'S PROBABLY THE MOST IMPRESSIVE EVENT THAT I'VE SEEN CARRIED OUT SINCE I'VE BEEN HERE.
AND FINALLY, IN TERMS OF THE AUDIT, IN ADDITION TO THANKING THE PERP, PURVIS GRAY TEAM.
I'D LIKE TO THANK AND CONGRATULATE BRITTANY PURCELL, OUR FINANCE DIRECTOR, FOR THE WORK THAT WENT INTO WHAT WAS ULTIMATELY DEEMED AN EXCELLENT AUDIT REPORT.
I'D ALSO LIKE TO THANK OUR ENTIRE LEADERSHIP TEAM, ALONG WITH YOU, THE CITY COMMISSION, FOR YOUR LEADERSHIP.
THIS REPORT IS PUBLISHED ONLINE.
WE WELCOME YOUR REVIEW OF THE AUDIT, ALONG WITH THE COMMUNITY'S REVIEW, AND PLEASE FIRE AWAY WITH ANY QUESTIONS AS YOU SEEK BID.
AND THAT'S THE END OF MY REPORT.
WE'LL OPEN IT UP FOR REPORTS AND REQUESTS FROM CITY COMMISSIONERS, BUT BEFORE WE DO IT, I JUST HAVE TO SAY KUDOS TO YOU AND THE ENTIRE STAFF ON AN EXECUTION OF THE CENTENNIAL CELEBRATION ON SATURDAY.
THAT WAS EXTRAORDINARY, AND HAVING LIVED HERE FOR WELL OVER 40 YEARS, THAT WAS THE BEST CITY EXECUTION ON AN EVENT THAT I'VE SEEN.
MAYBE I'VE MISSED A GOOD ONE IN THE PAST, BUT THAT WAS PRETTY GOOD.
[4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS ]
THANK YOU.SO LET'S START WITH CITY COMMISSIONER, COMMISSIONER BOLL.
I WANT TO THANK KEVIN AND HIS STAFF.
I THOUGHT THAT WAS AN EXCELLENTLY PLANNED AND EXECUTED.
AND I THINK WE ALL IN HERE WANT TO MAKE THE 150.
I DID THINK THAT THAT PARTY WAS VERY COMPREHENSIVE AND EVERYTHING WAS STRATEGICALLY LOCATED AROUND THE EDGES IN THE SHADE.
SO WE DID THE BEST WE COULD WITH THE HEAT.
AND IF YOU CAME, YOU CAN SEE WHERE WE ARE ON THE COMMUNITY CENTER, WHERE THE PARKING LOT AND THE GARDENS ARE GOING TO BE.
AND THERE'S THE PASS THROUGH FROM THE BUILDING TO THE PARK.
SO BEFORE I DIVE INTO THE CITY MANAGER SEARCH PROTOCOL THAT'S LISTED THERE, I WANTED TO SAY A FEW THINGS.
RECENTLY, THERE WAS A BEACHES GAZETTE ARTICLE THAT WAS THAT WAS PUBLISHED AND IT WENT OVER WHAT I THOUGHT JUST STELLAR DETAILS FROM.
THE INCEPTION OF MAYPORT ROAD, THE DETAILS OF WHERE WE ARE TODAY AND WHERE WE'RE GOING.
I REALLY APPRECIATE THE WRITER, DON SCOTT, WHO IS A NEIGHBOR OF MINE AND A FRIEND.
AND SHE REALLY DID A FANTASTIC JOB REACHING OUT TO I KNOW SHE REACHED OUT TO ME AND CITY MANAGER HOGAN CAMP, AS WELL AS I READ SOME OF MAYOR FORD'S COMMENTS ON THAT, TOO.
SO IF YOU HAVEN'T READ IT, PLEASE DO SO.
AND IF YOU HAVEN'T SHARED IT FOR ALL THOSE WHO.
GO ON MAYPORT ROAD AND ARE VERY FRUSTRATED, JUST KNOW THAT THERE'S A BIGGER PICTURE.
AND I REMIND MYSELF RIGHT ALONG WITH YOU, BECAUSE I TRAVEL ON MAYPORT ROAD CONSTANTLY THROUGHOUT THE DAY, THAT THERE IS A GOAL IN MIND AND TO LOOK THROUGH THE TREES.
WE'RE TALKING ABOUT TREES A LOT.
DON'T FORGET TO SEE THE FOREST THROUGH THE TREES WITH THAT ONE.
ALSO, I DO APPRECIATE OUR TRAFFIC.
POLICE OR AVPD WHO HAVE BEEN REALLY NAVIGATING AND I WILL SAY THAT I'VE NOTICED A DIFFERENCE IN THE TRAFFIC THERE.
BUT COULD WE ISSUE WARNINGS INSTEAD OF TICKETS FOR THOSE WHO ARE TRAVELING IN THAT RIGHT HAND LANE AS GOOGLE, GOOGLE AND WAZE, GOOGLE MAPS AND WAZE STILL SHOW IT AS A WAY TO GO STRAIGHT ALONG WITH THE BIG SIGNS ABOVE.
SO JUST A THOUGHT IF WE COULD.
LOOK AT ISSUING SOME WARNINGS DURING GRACE PERIOD.
YOU'RE TALKING ABOUT RIGHT THERE AT ATLANTIC AND MAKE.
AND I'M SEEING, YOU KNOW, I'M SEEING A LOT OF PEOPLE GETTING STRAIGHT UP TICKETS AT THE END, AT THE UNDERPASS THERE.
THE MOTORCYCLE COPS ARE WAITING FOR THEM.
JUST NO WARNING, NO GRACE PERIOD HERE.
I MEAN, JUST TO SAY JUNE 9TH, JUNE 15TH IS WHEN WE BROKE GROUNDS.
IF I'M SITTING IN THAT TRAFFIC LINE AND THIS IS THE WAY I'VE TRAVELED FOR 30, 40, 20 YEARS OR EVEN 10 YEARS, I'M NOT KNOWING THAT THAT HAS NOW
[00:55:01]
SWITCHED OVER.SO JUST A BIT OF A GRACE PERIOD, LET OUR CITIZENS AND THOSE WHO TRAVEL AND MAYBE EVEN GOOGLE MAPS AND WAYS TO CATCH UP TO WHERE WE ARE.
THE SECOND THING I WANTED TO DISCUSS WAS THE LIVE LOCAL ACT AMENDMENT.
I KNOW WE'RE GOING TO GET INTO THAT LATER.
I REALLY APPRECIATE OUR CITY ATTORNEY REALLY JUMPING ON THAT.
AND THANK YOU TO MY FELLOW COMMISSIONERS AND MY MAYOR FOR TAKING THE LEAD ON THAT.
AND I REALLY APPRECIATE SEEING THAT.
AND FOR THOSE WHO DON'T KNOW, THE LIVE LOCAL ACT WAS PASSED BY OUR FLORIDA LEGISLATOR, AND IT WOULD BE REALLY DETRIMENTAL FOR...
SMALL COASTAL TOWNS LIKE OURS, ALLOWING COMMERCIAL PROPERTIES TO BE CONVERTED INTO MULTI-FAMILY UNITS WITHOUT ANY MUNICIPAL GOVERNING OVER THOSE.
SO WHAT THIS LIVE LOCAL ACT AMENDMENT WILL DO WILL ALLOW US AN OPT-OUT CLAUSE.
AND FOR THOSE OTHER TOWNS THAT KIND OF FIT OUR SAME DEMOGRAPHICS.
BRENT ROGERS, COUNCILMAN IN NEPTUNE BEACH, PASSED THIS IN A RESOLUTION WITH NEPTUNE BEACH'S COUNCIL AND IT'S BEFORE MY COMMISSION TONIGHT.
SO I WANTED TO SAY THANK YOU TO EVERYONE INVOLVED GETTING THAT READY.
AND NOW ON TO THE CITY MANAGER SEARCH PROTOCOL IN PLACE.
THIS WAS ACTUALLY BROUGHT UP NOT BY MYSELF.
AGAIN, I WON'T TAKE CREDIT FOR THIS ONE.
ALTHOUGH I HAVE BEEN INVOLVED IN TWO CITY MANAGER SEARCHES SINCE TAKING OFFICE IN 2022.
SO I DO HAVE, I DON'T KNOW, EXPERIENCE IN THIS, I GUESS.
SO THIS WAS BROUGHT BEFORE THE CRC AS THEY MET IN 2023.
IT WAS NUMBER FIVE OF THEIR PROPOSAL.
AND WE JUST HAVE NOT PUT ANYTHING IN WRITING.
AND I DIDN'T KNOW BACK WHEN THEY PROPOSED THIS THAT WE WOULD BE HERE AGAIN, JUST A FEW.
MONTHS AGO, SO MY SUGGESTION TO THIS COMMISSION BEFORE ANYTHING HAPPENS NOT SAYING THAT ANYTHING WOULD EVER HAPPEN TO.
HOGAN CAMP AS OUR CITY MANAGER.
I'M HAPPY THAT HE'S HERE AND I HOPE YOU WILL STAY.
I DO NOT EVER WANT TO GO THROUGH ANOTHER CITY MANAGER SEARCH AGAIN.
BUT BEFORE WE DO, I HAVE ASKED AND DO SUPPORT WHAT IS BEFORE YOU TODAY AS A.
PROTOCOL PROCEDURE SOMETHING TO FOLLOW A GUIDELINE FOR FUTURE COMMISSION THAT WOULD NEED TO HIRE THE CITY MANAGER AND WITH THAT I'D LIKE TO JUST PASS IT OVER TO MR HOGAN CAMP TO KIND OF SHARE THOSE DETAILS OUT WITH ANYONE AND THEN MR HOGAN GREAT THANKS AT THE JUNE 8TH MEETING COMMISSIONER RING LAMENTED NOT HAVING PHOTOGRAPHS SO I'VE DONE THIS REALLY JUST FOR DISCUSSION AND FOR YOUR REVIEW AND HOPEFULLY INPUT AND IMPROVEMENT.
I DON'T THINK THERE'S ANY WAY THAT THIS FIRST STAB IS PERFECT.
WHEN YOU ALL GIVE ME DIRECTION, WE'LL GET IT BACK ON THE AGENDA FOR APPROVAL BY RESOLUTION.
BUT IT'S IN THE AGENDA PACKET, AND IT ATTEMPTS TO ESTABLISH A TRANSPARENT, MERIT-BASED, AND LEGALLY COMPLIANT PROCESS FOR RECRUITING, EVALUATING, AND APPOINTING AN INTERIM CITY MANAGER.
IF YOU WANT, I CAN READ IT BECAUSE IT'S THAT SHORT, OR YOU CAN TAKE IT AS INFORMATION.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
I THINK WE'LL TAKE IT BECAUSE WE'VE STILL GOT PLENTY ON THE AGENDA.
SO DO I NEED TO MAKE AN AMENDMENT TO PUT THIS IN OR SORRY, A MOTION TO PUT THIS IN WRITING SOMEWHERE IN OUR CHARTER? DOES THIS WHERE DOES THIS GO OR IS IT JUST FOR REFERENCE FOR ANY FUTURE COMMISSION? AND THAT GOES THAT QUESTION GOES TO COUNCIL OR TO CITY MANAGER.
I'D LIKE COUNCIL TO ADDRESS THAT.
YOU COULD DO IT ONE OF TWO WAYS.
I THINK THE CHARTER WOULD PROBABLY BE TOO MUCH.
CODE OR A POLICY THAT'S EITHER WAY I THINK IT'S SOMETHING THE COMMISSION WILL APPROVE EITHER AS A POLICY THAT'S IN OUR POLICY MANUAL THAT WE HAVE OR AN ORDINANCE CODE CHANGE SO WHAT I WOULD SUGGEST IS MAYBE HAVE A TIME CERTAIN THAT COMMENTARY ON THIS DRAFT BE BROUGHT BACK THAT KEVIN AND US CAN TAKE INTO ACCOUNT AND THEN PUT INTO A AND YOU KNOW A RESOLUTION FOR Y'ALL'S APPROVAL SO COULD YOU CLARIFY THAT BECAUSE INITIALLY YOU SAID ORDINANCE OR ARE WE LOOKING AT A RESOLUTION AS A POLICY? YEAH.
SO YOU CAN ADOPT THE CITY MANAGER SEARCH SELECTION POLICY AS A POLICY THAT YOU WOULD
[01:00:01]
APPROVE THROUGH A RESOLUTION AND THEN ADD TO OUR POLICY MANUAL BOOK THAT WE HAVE A HOST OF THINGS, INCLUDING HR AND OTHER THINGS.OR YOU COULD ARTICULATE AN ACTUAL ORDINANCE CODE CHANGE WHERE OUR CODE IS ACTUALLY CHANGED TO INCLUDE.
THE PROTOCOLS FOR A CITY MANAGER SEARCH, YOU COULD DO THAT, TOO.
THAT WOULD BE AN ORDINANCE CODE CHANGE AND THAT WOULD BE A TO READ ORDINANCE THAT YOU GUYS WOULD CONSIDER.
SO I'M JUST SAYING YOU HAVE TWO OPTIONS.
KEVIN'S WAY MORE INTERTWINED WITH OUR POLICY MANUALS.
THIS SEEMS TO ME TO BE SOMETHING MORE AKIN TO A POLICY THAT Y'ALL WOULD APPROVE AND WOULD GOVERN.
THAT WOULD BE MY RECOMMENDATION.
ON THE OTHER HAND, IF YOU DIRECT US TO PREPARE AN ORDINANCE, WE'LL BE DELIGHTED TO DO THAT AS WELL.
AND UNLESS YOU SAY OTHERWISE, WE'LL GET THIS ON THE NEXT AGENDA.
I'LL HEAR FROM YOU EITHER AT THIS MEETING OR BETWEEN MEETINGS.
SO I THINK I WOULD GO WITH A POLICY BECAUSE THINGS CHANGE.
YOU KNOW, THE JOB SEARCHES CHANGE, PERSONNEL PROCEDURES CHANGE.
AND IF WE PUT IT IN THE CHARTER, IT'S SET IN CONCRETE, WE NEED VOTERS TO APPROVE IT.
IF WE MAKE IT A POLICY, WE CAN, BY CONSENSUS, ADJUST IT WERE CIRCUMSTANCES TO REQUIRE THAT.
A POLICY, AGAIN, I DON'T HAVE IT IN FRONT OF ME.
WHAT'S THE ENFORCEMENT OF A POLICY? IN OTHER WORDS, WE COME TO ANOTHER CITY MANAGER SEARCH AND...
POLICY'S ENFORCED BY HOW? THE POLICY, IT'S PART OF YOUR REPERTOIRE OF RULES.
IF OUR STAFF ISN'T FOLLOWING THE POLICY THAT YOU GUYS HAVE APPROVED, SHAME ON US.
AND IN ADDITION TO, I GUESS, THE PULPIT HERE, YOU HAVE EMPLOYMENT SANCTIONS YOU COULD PROVIDE.
BUT A POLICY HAS THE FORCE OF RULE.
AND UNLESS YOU GUYS WAIVE IT, WE'D HAVE TO FOLLOW IT.
COMMISSIONER BOWLES' POINT, TO ME, IT SOUNDS LIKE POLICY, YOU KNOW, IS THERE TO GUIDE US.
AND SEARCHES CAN BECOME EXTREMELY FLUID.
AND IF YOU FIND THE RIGHT CANDIDATE, WHICH IN THIS CASE WE DID, IT SEEMED, I DON'T KNOW, DO YOU CONTINUE TO FOLLOW POLICY THAT REQUIRES, YOU KNOW, ENGAGEMENT OF A SEARCH FIRM OR, YOU KNOW, INTERVIEWING SO MANY CANDIDATES BEFORE YOU MAKING DECISIONS.
THAT SORT OF THING, I THINK, WOULD BE VERY RESTRICTIVE AND I WOULDN'T BE IN FAVOR OF ANYTHING LIKE THAT.
BUT JUST A GENERAL POLICY SAYING, HEY, THIS IS WHAT WE'RE GOING TO, YOU KNOW, THIS IS HOW WE'RE GOING TO REACT IF WE HAVE TO DO THIS AGAIN.
AND JUST, YOU KNOW, KIND OF USE IT AS A GUIDE.
BUT IN TERMS OF SOMETHING THAT WE HAVE TO CHECK EVERY BOX BEFORE WE HIRE SOMEBODY, THAT'S I THINK THAT COULD WORK AGAINST US.
IF WE POTENTIALLY LOSE THE GUY WE WANT OR A PERSON.
YEAH, WELL, I'M GOING TO LET YOU FINISH AND THEN, NO, YOU GO AHEAD AND FINISH.
SO, SO GREAT QUESTION, COMMISSIONER GRANT AND COMMISSIONER BULL.
THE WAY STAFF HAS DRAFTED THIS, AND I BELIEVE KEVIN HOGAN HAS REVIEWED THIS, IS IT IS A GUIDE AND MORE OF A POLICY.
IT'S NOT A LAID OUT CHECKLIST, WHICH IS SOMETHING I TOO WOULD NOT HAVE WANTED.
THE CITY MANAGER SEARCH HAS GONE ON TWICE, IT'S BEEN VERY FLUID.
BUT IT'S NOT SO FLUID WHERE THERE'S NOTHING FOR US TO FOLLOW BY, AND WE END UP SPENDING A SUBSTANTIAL AMOUNT OF TIME DISCUSSING.
SO THERE'S ONLY SIX BULLET POINTS.
AND, AGAIN, AS A GUIDE FOR COMMISSION, IT'S NOT SO SET IN STONE THAT IT NEEDS TO BE IN ORDINANCE.
I PERSONALLY WOULD LIKE TO SEE THIS ON THE NEXT AGENDA OR AS SOON AS POSSIBLE AS A RESOLUTION.
ONE THING I THINK OF AN OVERARCHING VIEW, AND I'M SURE KEVIN AGREES WITH ME, ONE THING WE HAVE TO REMEMBER IS WE'RE ALWAYS LOOKING FOR A NEW CITY MANAGER.
BY THAT, I MEAN A SUCCESSION PLAN.
WE'RE LUCKY ENOUGH TO HAVE A DEPUTY CITY MANAGER THAT GOT TO STEP IN THE SHOES.
BUT ONE THING WE ALWAYS WANT TO PLAN, SOMEBODY INTERNALLY THAT UNDERSTANDS THE CITY, LEARNS THE CITY, ACCEPTS.
IT DOESN'T HAVE TO BE IN POLICY, BUT EVERY LARGE CORPORATION, EVERY LARGE GOVERNMENTAL AGENCY, THEY THINK ABOUT SUCCESSION.
SO THAT'S PROBABLY, WE GOT LUCKY THIS TIME, BUT WE NEED TO THINK ABOUT SUCCESSION AS WE GO THROUGH A CITY MANAGER SEARCH.
IT DOES LIST THAT INTERIM APPOINTMENT AND INTERIM PERMANENT APPOINTMENT.
[01:05:01]
BOTH ARE ADDRESSED WITH THAT.DO WE NEED A MOTION TO PUT IT ON THIS RESOLUTION? NO, NO, WE'RE GOING TO SEND OUR RESPONSES BACK TO THE CITY MANAGER AND HE'LL COLLATE THAT AND BRING IT BACK TO US.
AND THEN WE CAN TAKE A MOTION ON WHETHER WE CAN GET A CONSENSUS TO BRING IT BACK IN A FINAL FORM AS A RESOLUTION, IF THAT'S WHAT YOU CHOOSE.
I JUST WANT TO THANK KEVIN AND STAFF FOR A GREAT CELEBRATION THIS PAST SATURDAY.
AS HE SOMETIMES REFERRED TO HIMSELF, OUR FOURTH MAYOR, THE CEO OF MAYPORT. VERY IMPRESSIVE GUY.
JUST ALL AROUND SUPER, SUPER EVENT.
AND I GAVE JESSICA THE REMAINDER OF MY TIME.
AND I'M NOT GOING TO ADD ANYTHING OTHER THAN THE FACT THAT I DO WANT TO SAY WE HAD GREAT SPEAKERS AND WE KICKED OFF OUR EVENT WITH THE MAYOR OF THE CITY OF JACKSONVILLE, DONNA DEEGAN.
AND SO SHE BROUGHT US A PROCLAMATION.
I'M GOING TO GO FAST, BUT WE NEED TO HEAR FROM OUR JACKSONVILLE MAYOR.
THIS IS A NEW DAY, WHEREAS IN 2026, ATLANTIC BEACH PROUDLY CELEBRATES THE CENTENNIAL OF ITS INCORPORATION, COMMEMORATING A CENTURY OF COMMUNITY RESILIENCE AND COASTAL HERITAGE.
AND WHEREAS FROM ITS EARLY BEGINNINGS AS A SEASIDE DESTINATION TO THE VIBRANT COMMUNITY IT IS TODAY.
ATLANTIC BEACH HAS PRESERVED ITS DISTINCTIVE COASTAL CHARACTER WHILE EMBRACING THOUGHTFUL GROWTH, FOSTERING VIBRANT NEIGHBORHOODS, NEIGHBORHOODS AND CREATING A WELCOMING PLACE WHERE NEIGHBORS, FAMILIES AND VISITORS FROM ALL WALKS OF LIFE GATHER TO ENJOY ITS BEAUTIFUL BEACHES, SCENIC PARKS, LOCALLY OWNED SHOPS AND RESTAURANTS AND EXCEPTIONAL QUALITY OF LIFE.
AND WHEREAS FOR 100 YEARS, ATLANTIC BEACH HAS HELPED SHAPE THE IDENTITY OF THE FIRST COAST THROUGH ITS RICH COASTAL HERITAGE, THRIVING LOCAL BUSINESS COMMUNITY ITS COMMITMENT TO ENVIRONMENTAL STEWARDSHIP AND ENDURING CONTRIBUTIONS TO THE CULTURAL RECREATIONAL AND ECONOMIC VITALITY OF DUVAL COUNTY AND WHEREAS THIS CENTENNIAL CELEBRATION PROVIDES AN OPPORTUNITY TO RECOGNIZE THE GENERATIONS OF RESIDENTS CIVIC LEADERS BUSINESSES AND VOLUNTEERS WHOSE DEDICATION HAS STRENGTHENED THE COMMUNITY PRESERVED ITS DISTINCTIVE CHARACTER AND BUILT THE STRONG SENSE OF CONNECTION AND BELONGING THAT DEFINES ATLANTIC BEACH AND WHEREAS TOGETHER WE CELEBRATE ATLANTIC BEACH'S REMARKABLE FIRST CENTURY HONOR THE STRONG PARTNERSHIP WITH THE CITY OF JACKSONVILLE AND REAFFIRM A SHARED COMMITMENT TO PRESERVING THE UNIQUE CHARACTER AND ENDURING VITALITY OF THE FIRST COAST FOR GENERATIONS TO COME NOW THEREFORE I DONNA DEEGAN BY VIRTUE OF THE AUTHORITY VESTED IN ME AS MAYOR OF JACKSONVILLE FLORIDA DO HERE BY PROCLAIMING JULY 11, 2026 AS ATLANTIC BEACH CENTENNIAL CELEBRATION DAY IN JACKSONVILLE AND ENCOURAGE ALL RESIDENTS TO JOIN ME IN RECOGNIZING THIS HISTORIC MILESTONE, CELEBRATING ATLANTIC BEACH'S FIRST CENTURY OF COMMUNITY, COASTAL HERITAGE, AND ENDURING SPIRIT, AND WISHING ITS RESIDENTS CONTINUED SUCCESS AND PROSPERITY FOR GENERATIONS TO COME.
AND WITNESSED THEREOF THIS 11TH DAY OF JULY IN THE YEAR 2020.
26, DONNA DEEGAN, MAYOR OF THE CITY OF JACKSONVILLE.
AND I SO APPRECIATED HER DOING THIS.
AND I COMMENTED WHEN I INTRODUCED HER, WE DON'T GET THE MAYOR OF JACKSONVILLE TO ANY OF OUR EVENTS, BECAUSE IF WE'RE HAVING AN EVENT, JACKSONVILLE IS HAVING THE SAME EVENT, VETERANS DAY, MEMORIAL DAY, AND SO ON.
SHE STAYED FOR THE ENTIRETY OF THE PROGRAM.
BUT IT WAS A FUN EVENT, AND I WAS JUST THANKFUL THAT OUR MAYOR OF THE CITY OF JACKSONVILLE, A RESIDENT OF ATLANTIC BEACH, SPENT HER DAY WITH US.
MAYOR MAYER, AMONG THE PEOPLE I HAVE ACKNOWLEDGED AND DIDN'T ACKNOWLEDGE WHO HAD A SUCCESS WAS THE AMERICA THE BEAUTIFUL SINGER, SARAH MCAULEY, WHO'S IN THE AUDIENCE.
AND FOR THE FOLKS STANDING, THERE ARE AVAILABLE SEATS.
AND THANK YOU FOR SAYING THAT, SARAH.
I'M SITTING HERE LOOKING AT SARAH AND I'M LIKE, YOU WERE JUST AMAZING.
WE HAD SOME SCREECHY SINGERS, SO THAT WAS NICE.
[6. CONSENT AGENDA ]
SO WE'RE MOVING INTO ITEM SIX, OUR CONSENT AGENDA.[01:10:01]
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. ITEM 6A, APPROVE RESOLUTION NUMBER 26-84.
6B, APPROVE RESOLUTION NUMBER 26-86.
AND 6C, APPROVE RESOLUTION NUMBER 26-88.
WOULD ANYONE LIKE TO PULL ANY OF THESE? ITEMS ONE OF THESE IS A SIDEWALK I HAVEN'T DON'T HAVE IT PULLED UP THAT IF THIS IS INSTEAD OF THE THE PART THE SIDEWALK THAT WAS SCHEDULED LAST STREET RIGHT ARE WE PULLING I THINK UH REFERENCING AGENDA ITEM 8A NEVER MIND OKAY SO WE'RE NOT PULLING ANY OF THE THREE OKAY IF WE'RE GOOD ON THAT I'LL TAKE A MOTION PLEASE MAKE A MOTION TO APPROVE RESOLUTION 2684 APPROVED RESOLUTION 2686 AND APPROVE RESOLUTION 2688 SECOND WE HAVE A MOTION IN SECOND ALL IN FAVOR SIGNIFY WITH AYE AYE OPPOSED MOTION CARRIES THANK
[8.A. RESOLUTION NO. 26-87 ]
YOU ITEM 8 A RESOLUTION NUMBER 26-87 A RESOLUTION OF THE CITY OF ATLANTIC BEACH FLORIDA ASSIGNING A TASK AUTHORIZATION TO HANSON PROFESSIONAL SERVICES FOR THE DESIGN OF THE SANDPIPER LANE SIDEWALK IMPROVEMENTS PROJECT AUTHORISING THIS.AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION AND PROVIDING AN EFFECTIVE DATE.
CITY STAFF IS WORKING TO COMPLETE THE DESIGN OF THE SANDPIPER LANE PORTION OF THE CITY'S CONNECTIVITY PLAN.
THIS IS DIFFERENT THAN THE SELFISH PROJECT THAT THE DESIGN OF WHICH YOU APPROVED AT THE LAST ONE OF THE LAST.
ONE OF THE RECENT MEETINGS, THIS PROJECT INCLUDES EXPANDING THE FOUR-FOOT-WIDE SIDEWALK TO EIGHT FEET WIDE ALONG SANDPIPER FROM THE INTERSECTION WITH PLAZA TO DONNER ROAD.
SO WE HAVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HANSON, AND WE'RE ASKING FOR YOU TO APPROVE THIS RESOLUTION AND A CONTRACT VALUED AT $52,836.03.
THANK YOU I'LL ENTERTAIN A MOTION MAKE A MOTION TO APPROVE UH RESOLUTION 2691.
ALL RIGHT UM FURTHER DISCUSSION HEARING NONE ALL IN FAVOR SIGNIFY WITH AYE AYE AYE OPPOSED MOTION CARRIES ITEM
[8.B. RESOLUTION NO. 26-91 ]
8B RESOLUTION NUMBER 26-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH FLORIDA AUTHORIZING THE RENEWAL OF THAN EMAILS.SECURITY AND COMPLIANCE SERVICE BACKUP SERVER APPLIANCE SUBSCRIPTIONS AND A WEB SECURITY GATEWAY SUBSCRIPTION THROUGH IN H AND A AT A TOTAL PRICE OF 36,496 DOLLARS AND 10 CENTS WITH FUNDS ALLOCATED IN THE FISCAL YEAR 2025 26 BUDGET ACCOUNT NUMBER 0 0 1 1 0 1 1 5 1 6 46 0 0 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH.
AND IS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION AND PROVIDING AN EFFECTIVE DATE MR HOGAN CAMP THANK YOU MAYOR FOR RESOLUTION NUMBER TWENTY SIX NINETY ONE WOULD BE ON YOUR CONSENT AGENDA BUT IT CAME IN AFTER THE DRAFT AGENDA WAS PUBLISHED SO WE'RE ASKING FOR YOU TO APPROVE IT AMONG THE RESOLUTIONS THAT GET INDIVIDUAL APPROVAL THIS AUTHORIZES THE CITY TO RENEW OUR SUBSCRIPTIONS AS THE AGENDA TITLE SAYS FOR OUR EMAIL SECURITY AND COMPLIANCE SERVICE FOR OUR TWO BACKUP SERVER APPLIANCES AND A WEB SECURITY GATEWAY.
THE AMOUNT OF THIS ASK IS $36,496.10.
THIS IS ADEQUATELY BUDGETED AND WE ASK THAT YOU ADOPT RESOLUTION NUMBER 2691.
I MAKE A MOTION TO APPROVE RESOLUTION 2691.
WE HAVE A MOTION IN SECOND DISCUSSION HEARING NONE ALSO EVERYONE ALL IN SUPPORT PLEASE UH SIGNIFY WITH I OPPOSED MOTION CARRIES
[8.C. RESOLUTION NO. 26-92]
OKAY MOVING TO ITEM 8C UH RESOLUTION NUMBER 26-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH FLORIDA EXPRESSING SUPPORT FOR LEGISLATIVE AMENDMENT TO[01:15:01]
SECTION ONE SIXTY SIX DOT ZERO FOUR ONE FIVE ONE FLORIDA STATUTES THE LIVE LOCAL ACT TO PROVIDE A NARROWLY TAILORED OPT OUT PROVISION FOR SMALL GEOGRAPHICALLY CONSTRAINED COASTAL BARRIER ISLAND MUNICIPALITIES, AUTHORIZING THE MAYOR TO EXECUTE AND TRANSMIT A LETTER OF SUPPORT TO STATE REPRESENTATIVE KYANNE MICHAEL, DIRECTING TRANSMITTAL AND PROVIDING AN EFFECTIVE DATE.YOUR STAFF AND CITY ATTORNEY HAVE WORKED AT COMMISSIONER RING'S REQUEST TO PUT THIS RESOLUTION TOGETHER.
COMMISSIONER RING HAS ALREADY INTRODUCED THIS TOPIC.
AND CITY ATTORNEY GABRIEL HAS SOME INPUT ON SOME PROPOSED RESOLUTION LANGUAGE CHANGE FROM WHAT WAS PUBLISHED IN THE URGENT AGENDA FACTOR.
YEAH, JUST TO PIGGYBACK ON THAT, WE HAD TAKEN WHAT NEPTUNE BEACH HAD PREPARED, SORT OF TAILORED MADE THAT FOR ATLANTIC BEACH.
HOWEVER, OUR VERY, VERY ASTUTE CITY ENGINEER, MR. STEVE SWAN, TOOK A VERY CLOSE LOOK AT.
THE DEFINITIONS AND ONE OF THE CRITERION THAT WE HAD IN THERE THAT, AGAIN, WE WERE TAKEN OVER FROM NEPTUNE BEACH WAS THE FIRST CRITERION WAS THAT WE ARE A COASTAL BARRIER ISLAND.
DO YOU GUYS THINK WE ARE A COASTAL BARRIER? YES.
AND THAT'S WHAT I THOUGHT UNTIL I SAW THE ACCEPTING LANGUAGE AT THE END OF THE SENTENCE, WHICH SAYS SOMETHING ALONG THE LINES OF MAINLAND AREAS, WHICH WERE SEPARATED.
FROM THE MAINLAND BY ARTIFICIAL CHANNELIZATION FOR THE PURPOSE OF ASSISTING MARINE COMMERCE SHALL NOT BE CONSIDERED COASTAL BARRIER ISLANDS.
AND NEPTUNE BEACH, BY THE WAY.
SO, AGAIN, STEVE SWAN NEVER CEASES TO AMAZE ME WITH THOSE FINE-TUNED EYEBALLS.
BUT IN ANY EVENT, SO WE, AGAIN, IT'S NOT A BIG DEAL.
WE JUST CHANGED THE DEFINITION, AND HENCE THAT'S WHY YOU HAVE A RED IN FRONT OF YOU TO CHANGE THE CRITERION SO THAT WE WOULD MEET.
THAT DEFINITION BECAUSE OBVIOUSLY THAT'S THE WHOLE POINT.
SO WITH THAT, THAT'S WHAT'S BEFORE YOU.
THANK YOU FOR CLEARING THAT UP.
WHERE ARE WE AT HERE? DO YOU NEED A MOTION? YES, I NEED A MOTION, PLEASE.
I MOVE THAT WE APPROVE RESOLUTION NUMBER 26-92.
JUST INHERENT IN THAT MOTION IS THIS AMENDED RED LINE LANGUAGE.
I HAVE A WHOLE PACKAGE HERE IF YOU'D LIKE TO COME AND SEE IT.
ANYONE IN THE PUBLIC? LAURA CAN STATE IT.
SO WE'RE SWITCHING OUT COASTAL BARRIER ISLAND MUNICIPALITIES, AMENDING IT TO A COASTAL LANDMASS.
WE HAVE A MOTION AND A SECOND.
IT SAYS A LANDMASS FRONTING THE ATLANTIC OCEAN SEPARATED FROM THE MAINLAND BY THE INTERCOASTAL, WHICH FUNCTIONS GEOLOGICALLY.
ECOLOGICALLY AND PRACTICALLY AS A COASTAL BARRIER ISLAND, PARTICULARLY WITH RESPECT TO HURRICANE EVACUATION AND EMERGENCY ACCESS.
THAT'S A LOT OF WORDS TO SAY, ALL RIGHT, WE'RE ALMOST AN ISLAND.
THE OBVIOUS POINT IS WE WANT TO BE EXEMPTED FROM THE LIVE LOCAL ACT, AND THAT IS WHAT THIS AMENDMENT SEEKS TO DO.
OKAY, WE HAVE A MOTION AND A SECOND DISCUSSION.
OKAY, HEARING NONE, ALL IN FAVOR SIGNIFY WITH AYE.
AYE OPPOSED MOTION CARRIES WELL
[ 9.A. ORDINANCE NO. 95-26-128, Public Hearing and Final Reading]
DONE THANK YOU COMMISSIONER RING UH ITEM 9A ORDINANCE NUMBER 20 95-26-128 PUBLIC HEARING AND FINAL READING AN ORDINANCE OF THE CITY OF ATLANTIC BEACH DUVAL COUNTY FLORIDA AMENDING CHAPTER 23 PROTECTION OF TREES AND NATIVE VEGETATION OF THE CODE OF ORDINANCES AMENDING ARTICLE 2 LANGUAGE AND DEFINITIONS SECTION 23-8 DEFINITIONS TO ADD A DEFINITION FOR LANDMARK TREE, AMENDING ARTICLE 4, DIVISION 5, AREAS OF SPECIAL CONCERN TO CREATE SECTION 23-42, LANDMARK TREES, ESTABLISHING REGULATIONS, PRESERVATION STANDARDS, REMOVAL CRITERIA, RELOCATION REQUIREMENTS, AND MITIGATION REQUIREMENTS FOR LANDMARK TREES, PROVIDING FOR FINDINGS OF FACT, CODIFICATION APPLICABILITY, CONFLICT SEVERABILITY, AND AN EFFECTIVE DATE.AT YOUR JUNE 22ND MEETING, THE CITY COMMISSION CONDUCTED THE FIRST READING AND APPROVED ON FIRST READING THIS ORDINANCE OF AND APPROVED MODIFICATIONS TO EXPAND THE DEFINITION OF LANDMARK TREES TO INCLUDE QUALIFYING MARITIME SPECIES.
THIS REVISION BROADENS THE ORDINANCE'S APPLICABILITY BEYOND LIVE OAK TREES.
THE COMMISSION ALSO ESTABLISHED A THRESHOLD OF 20 INCHES DIAMETER OF BREAST HEIGHT.
[01:20:01]
FOR MARITIME SPECIES TO QUALIFY AS LANDMARK TREES.IN ADDITION, THE PROPOSED ORDINANCE WAS REVISED FOLLOWING CONCERNS RAISED BY THE CITY ATTORNEY REGARDING THE REQUIREMENT FOR A THIRD PARTY ARBORIST REPORT.
THE LANGUAGE WAS MODIFIED TO ADDRESS THOSE CONCERNS WHILE MAINTAINING THE INTENT OF THE REVIEW PROCESS.
THE COMMISSION DID NOT ESTABLISH THE REQUIRED MITIGATION RATIO AT FIRST READING, LEAVING THAT SECTION OF THE ORDINANCE BLANK FOR FURTHER DISCUSSION.
IF DESIRED, THE COMMISSION MAY ESTABLISH A SPECIFIC MITIGATION REQUIREMENT AS PART OF THE SECOND READING, AND YOUR STAFF IS HERE TO ANSWER ANY QUESTIONS YOU HAVE OR PROVIDE PERSPECTIVE IF SO DESIRED.
AT THIS TIME, CAN WE CALL ON AMANDA? IS SHE GOING TO PRESENT? I THOUGHT USUALLY CITY STAFF WOULD PRESENT.
NO? I THINK THEY USUALLY PRESENT.
GOOD EVENING, AMANDA ASKEW, NEIGHBORHOODS DEPARTMENT DIRECTOR.
BEEN WORKING ON THIS FOR QUITE SOME TIME.
AS THE CITY MANAGER DID INDICATE, WE'VE HAD A TOWN HALL MEETING.
ESC HAS DISCUSSED THIS A COUPLE OF TIMES AND THE COMMUNITY HAS HAD INPUT.
AS THE CITY MANAGER INDICATED, WE DID END UP WITH THE PROPOSED ORDINANCE THAT'S BEFORE YOU WITH A 20 INCH MARITIME SPECIES, WHICH WOULD BE DESIGNATED AS THE LANDMARK.
I WAS ASKED TO LOOK AT SOME POTENTIAL CHANGES.
UP YES UM WE WERE LOOKING AT POTENTIALLY SOME GRAPHICS OF WHAT WOULD HAPPEN UNDER CERTAIN EXAMPLES OF THE CODE I PUT A HUGE DISCLAIMER ON HERE BECAUSE NO TWO PROPERTIES ARE THE SAME NO TWO TREES ARE THE SAME AND TREES CAN VARY IN LOCATION ON PROPERTY SO IT'S VERY DIFFICULT BUT THESE ARE SOME VERY GENERIC UM CASE EXAMPLES.
THE FIRST ONE THAT I'M GOING TO SHOW YOU, OR THE SECOND SLIDE DOWN, IT WOULD BE AN EXAMPLE USING OUR EXISTING CODE, JUST FOR EVERYONE TO TAKE A LOOK AT.
THE DASHED LINES AROUND THE PROPERTY WOULD BE CONSIDERED THE LOT LINES, AND THEN THE BUILDABLE AREA IS IN THE CENTER OF THE PROPERTY.
JUST TO KEEP THINGS CONSISTENT, THERE IS A PROPOSED UM THREE TREES ON THIS PROPERTY.
YOU'RE GOING TO SEE THESE SAME THREE TREES ON THE DIFFERENT SCENARIOS, BUT THIS IS OUR EXISTING CODE TODAY.
ONE OF THE TREE WOULD BE IN THE FRONT YARD SETBACK.
A 30-INCH DBH LIVE OAK IS IN THE CENTER OF THE PROPERTY WHERE THE PROPOSED BUILDING WOULD BE LOCATED, AND THEN THERE'S A 12-INCH DBH CABBAGE PALM IN THE CORNER OF THE PROPERTY.
ALL OF THOSE MITIGATION WOULD TOTAL 96 INCHES.
AND THIS IS USING NEW CONSTRUCTION.
NEW CONSTRUCTION DOES HAVE A DIFFERENT MITIGATION RATIO.
IF YOU RECALL, WE HAVE DIFFERENT CATEGORIES IN OUR CODE, VACANT PROPERTIES, DEVELOPED PROPERTIES, A NEW CONSTRUCTION, ENVIRONMENTALLY SENSITIVE PROPERTIES.
SO THAT'S THE MITIGATION RATE IF UNDER CURRENT CODE FOR THIS EXAMPLE.
UNDER THE EXISTING CODE THAT'S BEFORE YOU TONIGHT, THE SAME THREE TREES POTENTIALLY, AND THE CITY MANAGER DID MENTION THIS, THAT THERE'S STILL ROOM FOR DISCUSSION TONIGHT.
THE CODE DOES NOT HAVE THE MITIGATION RATES IN THERE FOR THE PROPOSED TREES 20 INCHES OR GREATER IN DIAMETER.
THE BASICALLY THE MAPLE TREE, IF THEY SOUGHT TO CUT IT DOWN, SAME MITIGATION AS BEFORE, 18 INCHES.
THE LIVE OAK IN THIS INSTANCE, WHICH IS IN THE BUILDING FOOTPRINT AND IS OVER 20 INCHES IN DVH, WOULD REQUIRE APPROVAL FROM THE COMMUNITY DEVELOPMENT BOARD AND COMMISSION.
AS WE TALKED ABOUT EARLIER, IT COULD BE RELOCATED ON SITE.
NOW SOME OF THE RELOCATION, THERE'S NOT SPECIFIC INSTANCES OR IT SAYS PRIOR TO REMOVAL, THE CITY RESERVES THE RIGHT TO TO REQUIRE THE RELOCATION OF THE TREE AT THE APPLICANT'S EXPENSE.
I WOULD IMAGINE THAT WE WOULD HAVE THE APPLICANT GET COST FOR THAT SO THAT IT'S THE CITY NOT SAYING WHAT THE COST IS.
AND THEN THE CABBAGE ALREADY WENT OVER THE PALM.
I'M SORRY, THE MAPLE WOULD BE AT 15 INCHES.
SO THE MITIGATION RATIO FOR THAT LIVE OAK WOULD BE IN QUESTION.
THEY WOULD HAVE TO GO THROUGH THE PROCESS FOR COMMUNITY DEVELOPMENT BOARD APPROVAL AND COMMISSION
[01:25:01]
APPROVAL.IT WOULD TAKE ABOUT TWO TO THREE MONTHS TO GET THIS APPROVAL.
THE MAYOR HAS ASKED THAT WE LOOK AT SOME FRICTION AND SOME INCENTIVES FOR SETBACKS IN THE BUILDING FOOTPRINT.
SAME THING, WE'RE LOOKING AT...
AND THE NEW CONSTRUCTION, IT WOULD BE PROPOSED UNDER THIS CODE TO BASICALLY NOT ALLOW ANYTHING WITHIN THE SETBACKS TO BE REMOVED.
SO YOU WOULD BE SAVING THE MAPLE TREE AND THE CABBAGE, AND THEN THE LIVE OAK WOULD REQUIRE POTENTIALLY A COMMUNITY DEVELOPMENT BOARD OR COMMISSION APPROVAL.
SO THAT IS SOMETHING, AND AGAIN, YOU CAN MAKE CHANGES AND YOU CAN ADOPT.
SOME OR ALL OF THESE POTENTIAL CHANGES.
AND THEN THERE WAS ONE SCENARIO THAT WAS FLOATED OUT THERE THAT CABBAGE PALMS BE EXEMPT FROM ACTUAL MITIGATION.
THEY ARE THE STATE TREE OF FLORIDA, BUT THEY DO COME UP PRETTY QUICKLY.
BUT THAT WOULD BE AN EXEMPTION.
AND AGAIN, IF REMOVAL, IT WOULD BE NO MITIGATION REQUIRED FOR THAT.
BUT WHAT'S BEFORE YOU TONIGHT IS SECOND READ, AND IT DOES NEED TO BE DISCUSSED OR MOVED ALONG REGARDING THE REQUIRED MITIGATION THAT WOULD BE REQUIRED BY COMMISSION AND THE MITIGATION RATE FOR ANY TREES REMOVED WITHOUT A PERMIT.
SO BEFORE WE OPEN UP TO EVERYONE, I'VE GOT A COUPLE QUESTIONS.
HOW WOULD WE DECIDE WHETHER SOMEBODY NEEDS...
TO MOVE A TREE OR NOT MOVE A TREE? AND WHERE WOULD THEY HAVE TO MOVE THE TREE TO? ARE WE ASSUMING THAT IF WE TOLD SOMEBODY THEY HAVE TO MOVE A TREE TO SAVE IT, THAT THEY'RE DOING IT ON THE SITE, THE LOT THAT THEY'RE BUILDING ON? ARE WE ASSUMING THAT THEY FIND A DONEE THAT WILL ACCEPT IT IN THE CITY? ARE WE ASSUMING THAT THE CITY WOULD USE THE CITY PARK TO TAKE THAT TREE? THAT'S NOT INDICATED IN THE PROPOSED CODE.
OUR CURRENT ORDINANCE FOR REQUIRED MITIGATION DOES ALLOW, UNDER REQUIRED MITIGATION, APPLICANTS TO PLANT WITHIN A QUARTER MILE OF A PROPERTY.
BUT AS FAR AS REMOVAL OF IT, THEY WOULD HAVE TO DEMONSTRATE BY THE APPLICANT THAT THE DEVELOPMENT OR CONSTRUCTION ACTIVITY CANNOT OCCUR IN ANY OTHER LOCATION ON THE SITE, THAT'S IN THE PROPOSED LANGUAGE, OR THAT THE REMOVAL IS UNAVOIDABLE DUE TO SITE CONDITIONS AND OR DESIGN CONSIDERATION BEYOND THE CONTROL OF THE APPLICANT.
DO WE HAVE ANY, ONE SECOND, COMMISSIONER, DO WE HAVE ANY CITIES THAT WE'RE MODELING AFTER THAT ARE DOING THAT CURRENTLY? AND IF SO, WHO ARE THEY AND WHAT ARE THEIR PROCESS? THERE MIGHT BE SOME, MAYOR.
I DID NOT UNCOVER THAT OR SPECIFICALLY RESEARCH THAT FOR THE RELOCATION OF TREES.
I HAD ASKED CHRIS DELK EARLIER, DID YOU HAVE A CHANCE TO CHECK THAT? YES, I DID.
DID YOU FIND CITIES THAT ARE DOING THAT? LETTUCE COUNTY.
SO, ALACHUA COUNTY HAS ONES FOR LANDMARK TREES WHERE THE APPLICANT MUST DEMONSTRATE THAT THE DEVELOPMENT OF CONSTRUCTION ACTIVITY CANNOT OCCUR WITHIN ANY LOCATION ON THE SITE.
THAT REMOVAL IS UNAVOIDABLE DUE TO SITE CONDITIONS OR TO DESIGN CONSIDERATIONS BEYOND THE APPLICANT'S CONTROL OR THAT THERE IS SPECIFIC PUBLIC PURPOSE.
THEY DO CLASSIFY LANDMARK LIVE OAKS ARE 45 INCHES, AND THE CHAMPION TREES ARE THE FLORIDA'S CHAMPION TREES, THE BIG ONES.
SO THANK YOU FOR CHECKING THAT.
DID THEY HAVE A PROCESS? FOR MOVING THE TREES.
IT SOUNDS LIKE IT'S JUST DONE BY THE, AGAIN, APPLICANT HAS TO SHOW.
NOW WHAT YOU WERE DESCRIBING IS THE APPLICANT HAS TO SHOW THAT THEY CAN'T BUILD WITH THAT TREE BEING THERE.
I'M LOOKING FOR, DO WE HAVE CASE EXAMPLES WHERE WE'RE MOVING LARGE TREES IN OTHER MUNICIPALITIES? LIKE I SAID, I FOUND ONE IN MIAMI WHERE THEY'RE DOING THAT DOWN SOUTH.
YEAH, IF WE COULD, CITY MANAGER, CAN WE GET SOME RESEARCH ON THIS, PLEASE? AND THANK YOU.
I REQUESTED FOR SOME QUOTES FROM THEM, BUT THEY NEVER GOT BACK TO ME.
SO I'VE BEEN TRYING TO FIND ANOTHER COMPANY I FOUND THAT I'M GOING TO REQUEST FROM BECAUSE THEY WERE A BIG COMPANY DOWN SOUTH OF MIAMI.
SO I FIGURED THEY WOULD HAVE A LOT OF INFORMATION, AND THEY MOVE BIG, BIG TREES.
COMMISSIONER KELLY? IT WAS REFERRED TO ME TO CHECK BOCA RATON, AND THEIR VEGETATION, CHAPTER 27, SAYS THAT THE EFFORT TO RELOCATE.
REASONABLY PRACTICAL DEPENDING ON THE AGE AND THE TYPE AND THE SIZE OF THE TREE.
THIS IS THE CONVERSATION WE HAVEN'T HAD YET, AND I'M SO EXCITED TO HAVE IT BECAUSE I'M WONDERING, BEFORE WE PASS SOMETHING,
[01:30:02]
ARE WE ABLE TO DEFINE WHAT IT IS IS REASONABLE AND COST APPROPRIATE AND SO ON? BECAUSE I THINK THOSE ARE TWO CRITICAL THINGS WHEN YOU'RE ENFORCING THIS TYPE OF ACTION ON THE CITIZENS.BUT AMANDA, DO YOU HAVE A COMMENT? HOLD ON ONE SECOND.
I KNOW THERE'S SOME RESEARCH OUT THERE THAT SAYS YOU CAN MOVE TREES SUCCESSFULLY, AND THERE'S SOME OUT THERE THAT SAYS IT'S NOT NECESSARILY GOING TO BE SUCCESSFUL, BUT I DO THINK WE SHOULD LOOK INTO IT FURTHER.
YEAH, I WAS JUST GOING TO SAY, WHAT IS THE SUCCESS RATE OF RELOCATING A TREE THAT IS 20-INCH? THIS IS BEYOND MY EXPERTISE.
I KNOW I WAS TRYING TO GET HIM WHILE HE'S STILL UP THERE.
SOME GREAT RESEARCH ON THE LIVE OAK 20 INCH WAS 80 TO 90%.
BUT THE OTHER THING TOO, JUST COMMENTARY.
I MEAN, THEY'RE REALLY THE, THE STRONG, STRONGER DESIRE I THINK SHOULD BE TO FIGURE OUT A WAY TO KEEP THE TREE IN, UM, IN THE LOCATION BECAUSE TO TAKE THAT TREE AND MOVE IT, WHERE, WHERE ARE WE GOING TO MOVE TO? I MEAN, I'VE, HAD MANY CONVERSATIONS WITH ESC REPRESENTATIVES THAT SAY THERE'S REALLY, I MEAN, WE'VE GOT HOW MUCH IN THE TREE POND THAT WE HAVEN'T TOUCHED BECAUSE WE DON'T KNOW WHERE TO PUT TREES.
AND SO, YOU KNOW, THE WHOLE RELOCATING OF TREES, UNLESS WE CAN'T DO IT ON THE PROPERTY ITSELF, I THINK IT'S, I DON'T KNOW IF I'M CRAZY ABOUT PUSHING THAT ENVELOPE.
HOLD ON, COMMISSIONER GRANT, I MEAN, YOU'VE GOT TO STAY UP HERE.
IF I SAW YOUR DIAGRAM, AMANDA, RIGHT, WE'RE TALKING ABOUT MOVING TREES.
THEY COULD ALSO MITIGATE THAT TREE, CORRECT? IN THE SECOND SCENARIO? CORRECT.
THE PROPOSED ORDINANCE BEFORE YOU WOULD HAVE MITIGATION IN THERE IF IT'S NOT POSSIBLE TO RELOCATE THAT TREE OR DESIGN AROUND THE TREE.
IT'S ONLY IF IT'S NOT POSSIBLE.
AND SO I GUESS WE HAD THIS DISCUSSION A FEW MEETINGS BACK.
IF YOU BUY A VERY EXPENSIVE LOT, RIGHT, AND YOU CUT THESE DOWN, THE MITIGATION FEE IN RELATION TO PROPERTY AND THE HOME THAT YOU'RE GOING TO BUILD IS MINIMAL.
IT'S LESS THAN YOUR REALTOR FEE.
SO I GUESS MY QUESTION TO YOU IS TO MOVE A TREE, IS THAT AN EXPENSIVE PROPOSITION? IT DEPENDS ON HOW FAR WE'RE MOVING THAT TREE.
I'M MOVING IT THROUGH THE LOT THAT I HAVE.
IS IT JUST A BALLPARK? BECAUSE WE TALKED COST HERE.
SO I'M GOING TO DO SOME QUICK RESEARCH AND DABBLING THROUGH IT.
AND I WAS TRYING TO GET SOME BIDS SO I CAN ACTUALLY FIND A LEGIT PLACE TO DO IT.
BUT THEY DIDN'T GET BACK TO ME.
IT WAS BETWEEN $15,000 TO RELOCATE A 20-INCH LIVE OAK.
AND THAT WAS WITHIN THE PROXIMITY OF LIKE REAL CLOSE.
I THINK PROBABLY A QUARTER MILE.
THE FURTHER YOU GO, IT'S GOING TO GO WAY UP IN VALUE.
WELL, AND OF COURSE, THAT DOESN'T TAKE INTO ACCOUNT WE HAVE ALL OF OUR ABOVE-GROUND POWER LINES.
YOU'VE NOW GOT A CONTRACT THROUGH JEA TO DROP THOSE POWER LINES TO GET UNDER.
BUT JUST TO FRAME THIS, AMANDA, USUALLY WE COME, YOU KNOW, THE STAFF WOULD HAVE A RECOMMENDATION.
YOU'RE KIND OF THROWING US BACK AS FAR AS THE REMEDIATION, RIGHT, AS FAR AS THE PRICE.
YES, WE WOULD LOOK FOR YOU FOR THE MITIGATION.
I GUESS WHAT WE'RE REALLY, IF WE DIVE DOWN TO THE ROOT CAUSE HERE.
AND BRUCE ANDREWS MENTIONED THIS.
WE'RE CREATING FRICTION, RIGHT? WE'RE CREATING FRICTION FOR PEOPLE TO CUT TREES DOWN.
WE DON'T WANT THEM TO MOVE THEM, ET CETERA, ET CETERA.
SO I THINK WHAT WE'RE REALLY BALANCING HERE TONIGHT IS HOW MUCH FRICTION DO WE AS A CITY WANT TO PLACE ON OUR ENVIRONMENT? WE CAN HAVE WHERE WE HAVE NOW.
WE CAN HAVE SOMEWHERE IN BETWEEN.
SO I KNOW I'M SETTING UP THE QUESTION, AMANDA, IS THAT YOU AS A STAFF.
AND YOUR EXPERTS, WHAT, WHAT DO YOU RECOMMEND TO GET YOU SAT THROUGH THESE MEETINGS AS LONG AS I HAVE FOR SIX YEARS.
TELL US WHAT YOU, YOU ALL ARE CAN GIVE US KIND OF A SCOPE.
I'D LIKE TO TAKE THAT QUESTION.
BECAUSE I DON'T KNOW WHAT AMANDA IS GOING TO SAY AND SHE REPRESENTS ME.
ARE YOU ASKING WHETHER WE ENDORSE THE, THE IDEA OF HAVING THE RELOCATION OF.
THAT AND ALSO THE MITIGATION FEES.
WHAT YOU'RE ASKING IS TO FILL THE HOLE IN THE ORDINANCE.
THE MITIGATION FEES IS AN EASIER ANSWER, ALTHOUGH IT'S NOT DEFINITIVE.
THIS IS YOUR POLICY AS FAR AS THE MITIGATION FEE.
THE STAFF WOULDN'T HAVE A RECOMMENDATION.
FRANKLY, IN TERMS OF PUTTING THE POTENTIAL MANDATE OF RELOCATION AS OPTION ONE IN THE ORDINANCE, STAFF WOULDN'T RECOMMEND THAT YET
[01:35:02]
BEFORE DOING A REALLY GOOD REPORT.I MEAN, YOU'VE HEARD CHRIS SAY LIVE OAK'S 80 TO 90% MORTALITY RATE.
I KNOW THAT AT A RECENT PUBLIC MEETING IN THIS ROOM, WE HAD ANOTHER EXPERT SAYING SOMETHING DIFFERENT OR OFFERINGS.
IF WE'RE GOING TO ANSWER THE QUESTION, WHAT IS OUR RECOMMENDATION? WE OWE A VERY WELL-RESEARCHED REPORT TO YOU BEFORE WE MAKE A DECISION.
AND I GUESS, YOU KNOW, AND I'M NOT EDITORIALIZING HERE.
YOU KNOW, NO ORDINANCE IS GOING TO BE PERFECT WHEN WE WALK OUT HERE TONIGHT, WHETHER WE PASS ONE OR NOT.
I THINK WE SHOULD REALIZE THAT.
BUT WE'VE ALSO KICKED THIS DOWN THE ROAD FOR SO LONG THAT I THINK IT'S TIME FOR ACTION.
IF WE GOT SOME POLLS, LET'S FILL THEM AND FIGURE IT OUT.
CAN I MAKE A QUICK EDITORIAL COMMENT? YES.
KEVIN, THE SUCCESS RATE FOR TRANSPLANT IS 80 TO 90 PERCENT SUCCESS RATE.
THANK YOU FOR THAT CLARIFICATION, BECAUSE I THOUGHT I HEARD IMMORTALITY RATE, SO THAT'S GREAT.
THE WAY I READ IT WAS VERY SIMILAR TO THE WAY COMMISSIONER BULL READ IT WAS THAT IT'S ANOTHER OPTION.
YOU CAN MITIGATE, YOU CAN RELOCATE.
NOBODY'S REQUIRING THE RELOCATION.
BUT WITH AN 80% TO 90% IMMORTALITY OR SUCCESS RATE, THAT GIVES HOMEOWNERS OR DEVELOPERS OPTIONS, WHICH I APPRECIATE.
I WANT TO TALK ABOUT THE MITIGATION.
SECTION THERE ON YOUR STAFF REPORT AMANDA.
SO AS IT'S READ TODAY, IT DOES NOT INCLUDE THE MITIGATION RATIO DID YOU YOU PROVIDED US WITH A SAMPLE THAT WE COULD JUST INSERT TODAY? YES, AS THE CITY MANAGER MENTIONED THAT WOULD BE A DISCUSSION FOR COMMISSION OUR HIGHEST MITIGATION RATIO AND THOSE ARE FOR HERITAGE TREES IS FOR EVERY INCH REMOVED.
YOU REPLACE IT WITH FOUR INCHES FOUR INCHES.
OKAY, AND COUNCIL, WOULD THAT BE AN AMENDMENT TO TODAY'S ORDINANCE? YES.
YES, BECAUSE RIGHT NOW THE WAY IT READS, IT HAS A PARENTHETICAL DETERMINED BY THE CITY COMMISSION.
SO IT WOULD BASICALLY BE INSERTING THOSE RATES INTO THAT OR A CROSS-REFERENCE THERE.
BUT YES, IT WOULD BE AN AMENDMENT.
FOR REFERENCE, BOCA RATON WAS ONE FOR ONE.
INCHES ONE FOR ONE AND EVERYONE YOU KILL YOU HAVE TO PLANT ONE INCH ONE INCH YEAH SO WE'RE WE'RE WE'RE OKAY WE'RE HAVING A CONVERSATION BECAUSE WE'VE GOT OUR EXPERTS AND OUR CITY STAFF HERE I UM I JUST WANT TO SUGGEST THIS WE'RE GOING TO MOVE ON SOMETHING SHORTLY UM I THINK WE'VE DONE A GREAT JOB OF GETTING TO WHERE WE'RE AT AND I THINK ONE OF THE THINGS I WANT TO COMPLIMENT IS AND I'M NOT SURE WHETHER ALL CITIZENS GET IT BUT I THINK THIS COMMISSION IS ALL ENVIRONMENTALLY ENGAGED ON SOLVING OR IMPROVING OUR SITUATION ON THE TREE CANOPY.
WE'RE ALL PULLING THE ROPE TOGETHER, MAYBE A LITTLE BIT STRONGER IN SOME AREAS.
I'M CONCERNED THAT WE HAVEN'T ADDRESSED SOMETHING THAT COMMISSIONER RING BROUGHT UP LAST TIME, AND THAT IS WHAT WE'VE HEARD OVER AND OVER AGAIN FROM OUR CITIZENS IS WE HATE THIS CLEAR-CUTTING THAT'S GOING ON.
AND SO WE STARTED THIS ORDINANCE WITH THE IDEA THAT WE WERE GOING TO PROTECT OUR LARGEST, OLDEST TREES, AND I THOUGHT WE WERE GOING TO GO DOWN THE PATH OF PROTECTING THE LIVE OAKS, AND IT MORPHED INTO ALL TREES IN THE MARITIME FOREST, WHICH I'M OKAY WITH.
BUT WE HAVEN'T ADDRESSED THE TREES ON HOW TO REALLY SAVE THE TREES IN THE AREAS THAT ARE MOST OBVIOUS, ALL THE SETBACKS.
ULTIMATELY YOU'RE NOT GOING TO SAVE TREES IN THE FOOTPRINT OF THE HOUSE OR AT LEAST YOU MIGHT TRY THROUGH THE MOVEMENT OF TREES, BUT IT'S SO MUCH MORE ACTIONABLE THAT WE CAN SAVE TREES IN OUR SETBACK.
SO I'M GOING TO RECOMMEND THAT WHEN WE GET TO ACTUALLY MOVING ON THIS, BECAUSE I WON'T MAKE THE MOTION, BUT I'M GOING TO RECOMMEND THAT WE GO AHEAD AND TACKLE THE MITIGATION FEES.
AND TO START, BECAUSE WE'RE NOT GOING TO, WE'LL BE HERE FOR HOURS IF WE WANT TO JUST SLICE AND DICE AND CHANGE THIS ONE AND THAT ONE.
NOT I WOULD SUGGEST THAT WE TAKE OUR MITIGATION TABLE AND DOUBLE THE THE FEES.
THESE ARE MITIGATION FEES, BUT DOUBLE THEM FOR THE LANDMARK TREES IN THE SETBACKS.
SO THAT'D BE THE SIDE SETBACKS, WHICH ARE TYPICALLY SEVEN AND A HALF, SEVEN AND A HALF IN THE FRONT, 20 IN THE REAR 20, EXCEPT FOR SOME OF OUR SPECIAL DISTRICTS THAT ARE 25.
[01:40:02]
WE WOULD COME OUT OF HERE TODAY SOLVING A PROBLEM THAT REALLY IS IS FACE, ALL OF US ARE.SEEING IT WHERE IT IS TO THE BEST INTEREST OF THE BUILDER, SOMETIMES DEVELOPER, TO CLEAR-CUT THE LOT.
NOW, THEY STILL MIGHT DO IT AND PAY THE DOUBLE MITIGATION.
BUT AT LEAST WE HAVE PUT A LOT MORE TEETH INTO IT THAN JUST PASSING THE PROTECTION ON THESE TREES.
YEAH, I MEAN, IT'S ONE OF MY NOTES IS THAT, YOU KNOW, I WOULD LOVE TO SEE SOMETHING LIKE THAT THAT KEEPS ALL THE TREES, YOU KNOW, BUT WE'VE GOT TO GIVE THEM, YOU KNOW, I DON'T KNOW HOW WE DO IT.
BUT, LIKE, FOR THE MAP, CAN YOU PULL UP? DONNA, THE MAP SHOWING THAT PROPERTY WITH THE TREE.
SO IF YOU LOOK AT THE EXAMPLE THAT DONNA GAVE US, THAT'S THE BUDGET.
BUT WE SAW THIS TREE THAT WAS FAIRLY IN THE MIDDLE OF THIS BUILDABLE AREA, RIGHT? AND LET'S SAY, YOU KNOW, WE LET SOMEONE.
WE ENCOURAGE THEM TO BUILD AROUND IT.
IF YOU BUILD IT, DEPENDING ON HOW BIG THIS TREE IS, AND IF YOU BUILD AROUND IT, WELL, ALL OF A SUDDEN YOU COULD PROBABLY HAVE AN ARBORIST IN A FEW YEARS SAY, WELL, THIS IS ENDANGERING YOUR PROPERTY.
I MEAN, I HAD A TREE IN MY FORMER RESIDENCE.
I KNOW Y'ALL ARE TIRED OF HEARING IT'S BROKEN RECORD, BUT I HAD BASICALLY IS A U SHAPED HOME.
AND I HAD THE BIGGEST OF THE TREES ON THE PROPERTY.
IT HUGGED THE TREE, LITERALLY HUGGED THE TREE.
AND I HAD, ON TWO SIDES, I WAS LESS THAN A FOOT FROM MY ROOF LINE.
AND THEN THE THIRD SIDE, IT WAS LIKE, LET'S SAY, THREE OR FOUR FEET.
SO IT WAS RIGHT IN THIS CORNER.
BUT I COULD HAVE EASILY GOT AN ARBORIST TO SAY, YOU KNOW, THIS IS A DANGER IN YOUR HOME.
I'M PRETTY CERTAIN I COULD HAVE GOT IT TAKEN OUT.
BUT THAT'S WHAT WE'D BE ENCOURAGING IF WE TRY TO KEEP THAT TREE.
SO I GUESS MY POINT IS, YOU KNOW, BUILD INCENTIVE FOR THEM TO KEEP EVERYTHING IN THE SETBACK IN THE RIGHT-OF-WAY.
AND GIVE THEM SOME GRACE, YOU KNOW, AND HOW DO WE DETERMINE THAT? I DON'T KNOW.
BUT, YOU KNOW, AND THIS AND THIS ALL KIND OF GOES BACK TO ALSO, UM, YOU KNOW, THE COMMISSION DECIDING WHAT TREES STAY AND GO.
UM, I WOULD LIKE MORE DEFINITION.
LIKE, IF YOU SAID, YOU KNOW, DRAW A WHATEVER CIRCLE FROM THE MIDDLE OF THE BUILDABLE AREA.
YOU KNOW, AND HAVE SOME SORT OF CALCULATIONS AS TO IF ONE IS REALLY CLOSE IN THE MIDDLE OF THE PROPERTY.
I MEAN, HOW DO YOU DEAL WITH THAT? I MEAN, BECAUSE IF I THINK THE BUILDER OR WHOMEVER COULD MAKE A REALLY GOOD POINT THAT THAT'S UNAVOIDABLE, RIGHT? BUT, YOU KNOW, I JUST DON'T WANT ANY, I JUST WANT TO TRY AND REMOVE AS MUCH GRAY AREA AS POSSIBLE AND PUT IT ON PAPER.
SO, WE'RE NOT, WE'RE NOT ARBITRARILY DECIDING, YOU KNOW, WHO GETS TO KEEP THEIR TREE AND WHO GETS TO, YOU KNOW, WHATNOT.
BUT I LOVE THE IDEA OF INCENTIVES, KEEPING, YOU KNOW, KEEPING THE SETBACK AND THE RIGHT-OF-WAYS CLEAN, NO CUTS.
I THINK THE LANDMARK PART OF THIS, AND WE TALKED ABOUT THIS LAST TIME, IS THAT WE'RE MOVING TO THE MARITIME FOREST.
THAT IS A BIG DEAL FOR ALL OF US.
I MEAN, I KNOW THERE'S ESC MEMBERS OUT HERE.
WE'VE GOT AN EXPERT OVER HERE.
THIS SAYS WE'RE NOT ONLY A COMMUNITY OF ONE SINGULAR TREE, BUT THE MARITIME FOREST IN WHOLE.
AND I THINK YOU SPOKE ABOUT IT LAST TIME.
THAT'S WHAT MAKES US DIFFERENT.
IS THAT YOU GO AND YOU LOOK OUT HERE.
WE LOVE THOSE BIG OAKS AND THE REST OF IT.
BUT A MARITIME FOREST REALLY MAKES AN ENVIRONMENT AND A HABITAT.
I THINK THAT'S THE KEY TO THIS LEGISLATION.
JUST WANT TO REMIND YOU, WE NEED.
WE'RE GOING TO GET TO THAT SHORTLY AND EVERYBODY'S GOING TO GET TO SPEAK.
I'LL GO AHEAD AND TAKE, YOU HAD A QUESTION? IT WAS JUST ABOUT YOUR AMENDMENT TO THE SETBACK.
AND DONNA, I WOULD REALLY LIKE THAT.
I'M JUST NOW LOOKING AT IT BECAUSE IT DIDN'T COME THROUGH OUR AGENDA, BUT STAFF'S POWERPOINT, AMANDA'S POWERPOINT, I NEED MORE TIME ON READING.
BUT WITH YOUR SETBACK AMENDMENT.
MAYOR, ARE YOU SAYING THAT WOULD GO ON TOP OF THE MITIGATION, THAT WE WOULD DOUBLE WHILE WE'RE OPENING UP THE MITIGATION RATIO? WE'RE ALSO CONSIDERING OMITTING A CLAUSE IN THERE FOR SETBACKS BEING DOUBLE FEED? YES.
[01:45:01]
TREES FOR NOW.AND IT'S ANOTHER STORY TO TRY TO PROTECT ALL.
SOME OF THE CITIZENS KNOW BECAUSE WE'VE ONLY RECENTLY GONE THROUGH THIS REVIEW OF THE.
PROPERTY KNOWN AS ZERO UH SEMINOLE THAT THAT WENT FROM BEACH AVENUE ALL THE WAY TO SEMINOLE BUT UM MOST OF THE TREES THERE ARE WHAT SOME OF YOU CALL SCRUB OAKS OR SMALLER TREES.
SO THEY'RE REALLY NOT GOING TO BE PROTECTED BASED ON THIS ORDINANCE UNLESS WE CHANGE THE ORDINANCE TO INCLUDE THOSE TREES IN THE SETBACKS.
BUT I THINK WHAT WE'RE HEARING TONIGHT, I THINK WE CAN MOVE FORWARD.
AND I HEARD YOU, MR. BOLL, IS.
WE CAN MOVE FORWARD AND APPROVE SOMETHING TONIGHT AND KNOW THAT WE'RE GOING TO REVISIT THIS NEXT YEAR AND DECIDE WHAT WE DIDN'T LIKE THAT WE DID AND WHAT WE SHOULD HAVE DONE.
AND WE CAN GO TO A 2.0 NEXT YEAR, BUT WE NEED TO PASS SOMETHING.
AND SO WE'RE GETTING CLOSER TO DOING THAT.
I HAVE MORE COMMENTS, BUT I'M GOING TO HOLD UP AT THIS POINT.
SO AT THIS TIME, I THINK WHAT WE'LL DO IS WE'RE GOING TO GO AHEAD AND HEAR PUBLIC COMMENT AND THEN WE'LL MOVE ON ON THIS.
THAT'S A LITTLE BIT OF A REVERSE.
SOMETIMES WE MOVE IT FIRST AND THEN HEAR PUBLIC COMMENT.
BUT DONNA, WOULD YOU GO AHEAD AND OPEN THAT UP? E.
HI, GOOD EVENING, MR. MAYOR, COMMISSIONERS, CITY ATTORNEY, AND MADAM CLERK.
COTTRELL, AND I STRONGLY SUPPORT THE TREE ORDINANCE BASED ON OUR PERSONAL EXPERIENCE.
AND BASED ON EXPERIENCE, I THINK IT'S BOTH DESIRABLE AND NECESSARY.
WE MOVED HERE IN 1995, AND I STILL REMEMBER THE DAY THAT WE DROVE DOWN PARK TERRACES, WHERE WE LIVE.
WE PULLED IN FRONT OF THE HOUSE THAT THE REALTOR TOLD US ABOUT, AND IT HAD A 150-YEAR-OLD OAK TREE IN THE FRONT YARD.
IT ALSO HAS ONE ON THE SIDE OF THE HOUSE, AND WE HAVE THEM IN THE BACK OF THE HOUSE.
WE BOUGHT THE HOUSE THE NEXT DAY, DESPITE THE FACT THAT IT WAS BUILT IN THE 70S, AND WE HAD HARVESTABLE APPLIANCES, HARVESTABLE TOILETS, AVOCADO-SHY CARPET.
ABOUT 14 YEARS AGO, WE DECIDED TO EXPAND OUR HOUSE.
AND WE DID IT IN A WAY THAT DID NOT AFFECT THE OAK TREES AT ALL.
WE ESSENTIALLY DOUBLED THE SIZE OF OUR HOUSE.
WE HIRED AN ARCHITECT, WHICH WAS A SMALL PART OF THE TOTAL COST OF DOING IT.
AND WE ALSO BROUGHT IN AN ARBORIST TO MAKE SURE WHAT WE WERE DOING DIDN'T KILL THE TREES.
TODAY, WHEN WE'RE DEALING WITH PEOPLE WHO ARE BUYING LOTS IN OUR NEIGHBORHOOD FOR OVER A MILLION DOLLARS, THE COST OF HAVING SOMEONE WHO KNOWS WHAT THEY'RE DOING COMPARED TO SOMEONE JUST GETTING YOU KNOW HAVING A CONTRACT COME IN AND RIP EVERYTHING DOWN IS MINIMAL UM SO I SUGGEST THAT GIVEN THE WAY PROPERTY VALUES ARE NOW THAT ASKING PEOPLE TO MAKE AN EFFORT TO PRESERVE THESE TREES IS REALLY NOT A BIG ASK OUR OTHER EXPERIENCE IS BOTH HOUSES NEXT TO US HAVE BEEN TORN DOWN IN THE LAST 10 YEARS ONE HOUSE, THEY SAVED A 150-YEAR-OLD OAK TREE THAT GOES OVER OUR HOUSE BECAUSE THEY PLANNED FOR IT.
THE OTHER HOUSE, AND IT'S NOT A JUDGMENT ON THE PEOPLE, THEY FOLLOWED THE ORDINANCE AT THE TIME, BUT THEY RIPPED DOWN A 150-YEAR-OLD OAK TREE, AND THEY HAD A CONTRACTOR COME IN WHO CHAINSAWED EVERY TREE, OUR TREE THAT WENT OVER THEIRS.
THEY HAVE AN EASEMENT ON THE OTHER SIDE.
THEY CHAINSAWED THE CITY'S TREES, AND WE BACK UP ON JOHANSSON PARK, AND THEY CHAINSAWED ALL OF THE JOHANSSON PARK TREES.
BECAUSE WE DIDN'T HAVE PROTECTION.
THEY PAID, I THINK, BUT IT'S A SMALL LITTLE OAK TREE, AND IT'S GOING TO TAKE OVER 100 YEARS FOR THAT TREE TO BE WHAT THE PRIOR TREE WAS.
IF EVERYBODY DID THAT, OUR NEIGHBORHOOD, THE CHARACTER OF OUR NEIGHBORHOOD WOULD CHANGE, AND MAYBE IN 100 YEARS, IT COULD BE THE SAME.
WE HAVE A SPECIAL CHARACTER IN OUR COMMUNITY THAT WE NEED TO PRESERVE.
MY IN-LAWS LIVE IN CHARLESTON, AND THEY HAVE VERY STRICT LAWS THERE ON WHAT YOU CAN DO IT.
AND IT'S A BEAUTIFUL COMMUNITY.
AND YOU KNOW WHAT? IT'S A VERY EXPENSIVE COMMUNITY BECAUSE THEY PRESERVE IT AND PROPERTY VALUES ARE MEASURED BY THAT.
LADIES AND GENTLEMEN, THAT IS NOT ALLOWED IN THE CHAMBER.
I ALREADY MADE MY SHORT COMMENTS.
[01:50:01]
THAT I TOTALLY SUPPORT THE...I DO THINK IT'S WONDERFUL FOR OUR COMMUNITY, HUMAN HEALTH, PROPERTY VALUES, ENVIRONMENTAL HEALTH AND WEALTH OF OUR COMMUNITY AND...
THE ENTIRE ENVIRONMENTAL HABITAT.
I JUST WANT TO MAKE ONE COMMENT ABOUT THE FRICTION.
YOU'RE THE ONE WHO ACTUALLY MENTIONED, I THINK IN THE JUNE 22 HEARING, FRICTION WAS REALLY A GOOD THING.
AND I THINK ALL THIS IS REALLY HELPING THAT.
WE'RE NOT TELLING PEOPLE YOU NEVER CAN DO SOMETHING.
WE'RE JUST MAKING SURE THAT PEOPLE HAVE PUSHED THE ENVELOPE AS MUCH AS THEY CAN IN ORDER TO SAVE THESE INCREDIBLE, BEAUTIFUL OLD TREES THAT ARE SO IMPORTANT TO US.
I THINK WE SHOULD KEEP THE RELOCATION OPTION.
I THINK IT'S A WONDERFUL THING TO EXPLORE.
MAYBE YOU CAN CONSIDER REQUIRING THE FEE TO BE LARGER AND GREATER THAN THE RELOCATION COST, JUST TO GIVE A LOT OF INCENTIVE TO HAVE THE DEVELOPER OR THE HOMEOWNER REALLY PUSH AND EXPLORE THE COST AND THE OPTION OF RELOCATING THE TREES.
I THINK IT'S IN THE INTEREST OF THE ENTIRE COMMUNITY TO ACHIEVE A BALANCE BETWEEN THE PUBLIC AND PRIVATE PROPERTY INTERESTS WHEN FORMULATING A POLICY REGARDING OUR TREE CANOPY.
EVERYONE HAS A RIGHT TO ENJOY THEIR PROPERTY, BUT BY CUTTING DOWN LARGE LANDMARK TREES WHEN IT COULD BE AVOIDED IS UNACCEPTABLE AND NOT IN THE COMMUNITY INTEREST.
AND I'D LIKE TO TALK A LITTLE BIT ABOUT THIS DIAGRAM THAT THE STAFF...
PUT TOGETHER AND I KNOW THAT THEY WERE DIRECTED TO DO IT.
BUT I MEAN I THINK IT WAS THE WAY IT WAS THAT THE TREE WAS SMACK DAB IN THE MIDDLE.
I MEAN THAT ISN'T GOING TO HAPPEN ALL THE TIME AND IT WAS A LITTLE BIT EXTREME.
BUT LET'S PUT IT IF SOMEONE PAYS BETWEEN ONE AND TWO MILLION DOLLARS FOR A PIECE OF PROPERTY AND IT COSTS FIFTEEN THOUSAND DOLLARS TO MOVE IT, IT COULD BE MOVED TO THE BACK.
I MEAN, IF THERE'S AN 80 TO 90% SAVE RATE, $15,000 IS PEANUTS TO SAVE THE TREE.
AND I THINK WE SHOULD REALLY THINK ABOUT THAT.
YOU KNOW, I'VE WORKED ON THE ZONING BOARD IN ANOTHER STATE.
AND, YOU KNOW, WE WORKED TOGETHER TO FIND SOMETHING THAT WOULD WORK FOR EVERYBODY, THAT IT SOLVES THE HOMEOWNERS, IT SOLVES...
WE'RE TALKING ABOUT COMPROMISE HERE.
IT CAN'T BE OKAY ONE WAY OR THE OTHER.
AND THE AMOUNT OF MONEY THAT'S BEING SPENT FOR NEW CONSTRUCTION IS ASTRONOMICAL.
AND THE COST OF EITHER MITIGATION OR MOVING TREES IS REALLY KIND OF MINIMAL TO THE PRICE THAT WE'RE PAYING TO LOSE ALL THE SO I THINK THAT WE REALLY NEED TO CONSIDER RAISING FEES AND THINKING ABOUT THE COST OF MOVING TREES.
I WAS NOT GOING TO TALK ABOUT THIS, BUT I'LL TALK ABOUT MY OWN EXPERIENCE WITH MY HOME.
SO I MOVED HERE IN 99, AND WE HAVE A HUGE THEN 80-YEAR-OLD OAK THAT'S INSIDE THE BUILDING FOOTPRINT.
I HAD SEVEN, I INTERVIEWED SEVEN BUILDERS.
THEY ALL WANTED ME TO GO UP AND OUT, AND I ENDED UP ADDING JUST 500 SQUARE FEET AND BUILDING A BRIDGE IN MY FOUNDATION SO THAT THE ROOTS OF THE LIVE OAK COULD GROW AND NOT CRACK MY FOUNDATION.
I HAVE THE HOUSE THAT I WANT AND I DIDN'T HAVE TO SHEAR MY OAK OR CUT IT DOWN.
I WANT TO SAY THAT THIS ORDINANCE MAY NOT BE PERFECT, BUT IT IS A STEP IN THE RIGHT DIRECTION AND IT MOVES US AWAY FROM BUSINESS AS USUAL, WHICH IS DEFINITELY NOT WORKING.
I LIKE THE SIGNAL SHIFT IN THAT WE'RE MOVING FROM THIS KIND OF PHILOSOPHY OF REPLACEMENT IS FINE TO PRESERVATION IS THE GOAL.
WE'RE SHIFTING THE BURDEN OF PROOF FROM THE CITY THAT THERE ARE, YOU KNOW, PROVE WHY THERE ARE ISSUES TO THE APPLICANT PROVING WHY THEY NEED TO REMOVE THE TREE.
THIS ORDINANCE BEGINS TO PLAN FOR THE FUTURE BY TRYING TO PROTECT THE BENCH OF THE GROWING MATURE TREES.
IT TREATS OUR MATURE CANOPY AS KEY INFRASTRUCTURE AND AN IRREPLACEABLE ASSET.
[01:55:02]
IT ALSO ENCOURAGES STRATEGIC DESIGN.EITHER SHIFTING THE BUILDING OR DESIGNING AROUND THE TREE, BUT IT'S ALSO YOU CAN PRUNE THE TREE, RIGHT, AND REDUCE RISK.
AND IT KIND OF ENCOURAGES THINKING OUTSIDE THE BOX AND MAKING REMOVAL AS KIND OF A LAST RESORT.
RIGHT NOW, WE ARE INCENTIVIZING PAYING INTO THE FUND RATHER THAN PLANTING.
IT IS CHEAPER TO PAY INTO THE FUND THAN TO PLANT TREES.
SO RIGHT NOW, OUR FEE IS $150 PER INCH.
SO A 20-INCH TREE IS ONLY $3,000, RIGHT? TO PLANT, IT'S ABOUT $450 PER INCH.
SO IT DOESN'T MAKE SENSE TO PLANT.
IT MAKES SENSE TO CLEAR AS MANY TREES THAT MAKE SENSE AND PUT INTO THE TREE FUND.
I ABSOLUTELY RESPECT AND LOVE WORKING WITH RUTH ANDREWS, BUT I DO DISAGREE WITH HIS RELOCATION COMMENT.
I THINK WE NEED AS MANY TOOLS IN OUR TOOLBOX AS WE CAN.
THE STAFF HAS PUT AN OUT CLAUSE IN THAT.
I MEAN, IF ALL THE PROFESSIONALS SAY THAT THIS IS NOT GOING TO WORK, IT DOESN'T HAVE TO BE DONE.
AND AS FAR AS KIND OF THE NON-ENVIRONMENTALISTS THAT I DON'T SEE HERE, YOU KNOW, 72% OF YOUR CONSTITUENCY VOTED TO PUT ENVIRONMENTAL STEWARDSHIP IN ITS CHAPTER.
GOOD EVENING, AGAIN, NEIGHBORS.
I TALKED EARLIER ABOUT THE WHAT AND THE HOW.
SO WE KIND OF KNOW WHAT THE WHAT IS, AS I SAID, BUT THE HOW IS WE'RE GETTING THERE.
AND A LOT OF COMMENTS DO SUPPORT HOW WE'RE GETTING THERE.
THOSE PEOPLE THAT ARE NOT OUR NEIGHBORS THAT LIVE OUTSIDE THE PRE-CITY BOUNDARIES, THEIR WHAT AND HOW HAS TO BE CONSIDERED AS WELL.
THE WHAT IS NOT THE SAME AS OUR WHAT.
THE HOW IS THEY JUST BUY A PIECE OF PROPERTY AND THEY RAISE IT, AND THEY MAKE A WHOLE LOT OF MONEY BY PUTTING SOMETHING UP.
ONE OF THE WAYS THAT WE CAN CONFRONT THAT HOW IS NOT NECESSARILY CHANGED IN CHAPTER 23, BUT IT'S CHANGED IN ONE OF OUR OTHER BILLING CODES.
I KNOW I CAN'T HAVE HOGS IN MY BACKYARD.
I CAN'T BUILD A DUNKIN' DONUTS ACROSS FROM THIS ATLANTIC BEACH ELEMENTARY.
I CAN'T PUT A FOUR-STORY CONDO ON ANY STREET HERE.
WHY CAN'T WE MAKE A LAW THAT'S NOT PART OF CHAPTER 23, BUT A LAW THAT SAYS IF YOU BUY A PIECE OF PROPERTY, YOU CANNOT CHANGE THE SIZE OF THAT FOOTPRINT OF THAT PROPERTY? THAT'S A SIMPLE THING.
EXISTING HOMES AND PROTECTS THE SMALLER HOMES, WHICH IS PART OF OUR COMMUNITY, PROTECT THOSE HOMES AND ALLOW, WELL, IF YOU WANT TO DO SOMETHING, SORRY, YOU CAN'T HAVE HOGS IN YOUR BACKYARD.
YOU CAN'T BUY THAT PLACE AND EXPAND IT.
SO MOVING THE TREES, WE'VE BEEN DOING THAT ALL THE TIME.
PEOPLE THAT LOOK AT THE FACILITY ON BEACH BOULEVARD THAT SELLS THE GIGANTIC SABLE PALMS, THEY'VE BEEN MOVED FROM SOMEWHERE TO BEACH BOULEVARD.
FOR CHANGING RATES, I'VE ADVOCATED THIS FOR A COUPLE OF YEARS NOW.
AND THE RATES DON'T KEEP UP WITH INFLATION.
WHY DON'T WE JUST HAVE AN AMENDMENT OR ADDENDUM TO THE CHAPTER 23, AND ANNUALLY WE CHANGE WHAT THOSE ACTUAL RATES ARE.
I'M NOT TALKING ABOUT THE RATIOS.
CHANGE IT SO IT KEEPS UP WITH WHAT WE'RE DOING.
WE HAVE A LONG WAY STILL TO DO THE HOW.
I'M NOT GOING TO PUT ANY PIGS IN MY BACKYARD.
I'M CONTINUING ON WITH SOME...
EXAMPLES OF OTHER PARTS OF THE WORLD WHO ARE DOING WHAT WE NEED TO BE DOING.
HERE'S AN ARTICLE, QUEBEC TOWN RECOGNIZES TREES AS LIVING BEINGS WITH RIGHTS.
AND I'D LIKE TO SUBMIT THIS, YOU KNOW, ON THE RECORD.
[02:00:01]
THIS WAS AN ARTICLE THAT A FRIEND OF MINE, A NEIGHBOR SENT ME.IT IS DATED JUNE 21ST OF 2026.
SO THIS WAS THE FIRST TOWN IN CANADA.
THAT RECOGNIZED TREES AS LIVING BEINGS WITH RIGHTS.
AND IN DOING THAT, THE MAYOR IS QUOTED AS SAYING, TREES ARE TRUE GREEN INFRASTRUCTURES.
INDIVIDUAL TREES ARE AN ENVIRONMENT IN AND OF THEMSELVES AND ARE WORTHY OF KEEPING.
THEY HELP REDUCE HEAT ISLANDS, LIKE THE HEAT ISLAND THAT A LOT OF US EXPERIENCED.
ON SATURDAY, THEY IMPROVE AIR QUALITY.
THEY MANAGE TO PRESERVE WATER RESOURCES, AND THEY PROTECT BIODIVERSITY.
THIS NEEDS TO BE CONSIDERED IN OUR DETERMINING WHAT THE MITIGATION IS GOING TO BE.
WE MUST HAVE THE STRONGEST POSSIBLE MITIGATION.
MITIGATION NEEDS TO EQUAL DETERRENCE, DETERRENCE FROM REMOVING HERITAGE TREES.
AND WE MUST HAVE AN ENFORCEMENT PROCESS TO AVOID CLEAR-CUTTING LOTS FOR DEVELOPMENT, LIKE WAS DONE JUST NORTH OF ME ON BEACH AVENUE AND 19TH STREET.
AND WE NOW HAVE A LITTLE FOREST OF TREES THAT WE HOPE THE STATUTE, WHEN PASSED TONIGHT, WILL KEEP.
ANOTHER AREA NORTH ON BEACH AVENUE FROM BEING CLEAR-CUT.
THIS ORDINANCE DOES NOT UNDERMINE THE PROPERTY RIGHTS OF PROPERTY OWNERS AS I GAVE YOU SOME PRECEDENT EARLIER.
RESIDENTS CHOOSE ATLANTIC BEACH BECAUSE OF ITS NATURAL BEAUTY AND ITS ENVIRONMENTAL PROTECTIONS.
AND I REALLY LIKE MR. RABINOWITZ'S, IF I'M PRONOUNCING IT CORRECTLY, SUGGESTION THAT IN THE BUILDING CODE, THERE BE SOME PARALLELS THAT PUT PEOPLE ON NOTICE THAT WHEN THEY ARE BUILDING, BUYING A MILLION OR $2 MILLION PIECE OF PROPERTY, THEY ARE BUYING IT WITH LIVING THINGS ON IT THAT NEED TO REMAIN LIVING.
AND THIS DOESN'T MAKE ME SOUND A LITTLE WAY OUT, BUT ACTUALLY IT'S NOT BECAUSE THEY RECOGNIZE THAT IN QUEBEC.
THE STATUTE IS GOING TO INCREASE OUR PROPERTY VALUES AND USE THEM TO PRESERVE.
GOOD EVENING, MAYOR FORD, COMMISSIONERS, STAFF.
AND I WANT TO VOICE, AGAIN, MY SUPPORT FOR A GOOD, SUPPORTIVE TREE ORDINANCE.
BUT WHAT YOU HAVE BEFORE YOU IS DEEPLY FLAWED IN BOTH FORMS, BOTH THE ORIGINAL FORM AND THE AMENDED FORM.
WHEN ALL THIS DISCUSSION FIRST BEGAN ON 9A, Y'ALL WERE RAISING THE SAME QUESTIONS ABOUT ALL THE HOLES THAT ARE IN THIS THING.
THERE'S NO MITIGATION LISTED IN THERE.
THERE'S A LOT OF HOLES IN IT THAT NEED TO BE FIXED.
AND I DON'T KNOW THAT THERE'S ENOUGH TIME IN TODAY FOR THOSE HOLES TO BE FIXED WITHOUT Y'ALL DEFERRING ACTION ON THIS FOR ANOTHER TWO WEEKS OR ANOTHER FOUR WEEKS.
I MEAN, THERE'S ENOUGH PUBLIC SUPPORT FOR IT.
BUT IT DOESN'T ALL HAVE TO BE DONE TONIGHT ON SOMETHING THAT'S SO DEEPLY FLAWED AS THIS.
THE SOME OF THE OTHER THINGS, SOME OF THE OTHER PROBLEMS IS, AGAIN, ABOUT MOVING TREES.
OK, MOVE THE TREE TO WHERE? ON THE SAME LOT? OR CAN I MOVE IT TO MCLINNEY? OK, THE COMMUNITY DEVELOPMENT BOARD.
I THINK THIS IS THE ONLY THING THAT COMES TO MIND WHERE AN ISSUE COMES FROM A RESIDENT DIRECTLY TO THE COMMISSION WITHOUT GOING THROUGH ONE OF THE OTHER BOARDS LIKE COMMUNITY DEVELOPMENT BOARD.
THAT'S WHY YOU HAVE THAT BOARD.
IT'S YOUR BOARD, OKAY? THAT SHOULD ALL, THE CDB FOR ALMOST EVERYTHING ELSE IS THAT FIRST STEP IN ANY ARBITRATION PROCESS, NOT SOMETHING COMING RIGHT TO THE COMMISSION.
OTHERWISE, YOU GUYS ARE GOING TO HAVE A LOT OF VERY LONG.
YOU KNOW, TO SOME EXTENT, THIS IS A TAKING OF PRIVATE PROPERTY RIGHTS.
[02:05:01]
IT SURE IS.CONTRARY TO OTHER SPEAKERS, THERE'S A GREAT DEGREE OF TAKING OF PRIVATE PROPERTY RIGHTS.
THIS TREE ORDINANCE DISPROPORTIONATELY AFFECTS MARSH OAKS, DISTRICT 1312, BECAUSE THAT'S WHERE ALMOST ALL THE UNDEVELOPED LOTS IN ATLANTIC BEACH REMAIN.
THERE'S ONLY A COUPLE IN OLD ATLANTIC BEACH.
WE'RE NOT TALKING ABOUT SELVA MARINA, SELVA NORTE, ATLANTIC BEACH COUNTRY CLUB, AND SO FORTH.
BUT IT DISPROPORTIONATELY AFFECTS PROPERTY OWNERS IN MARSH OAKS.
AN ADDITIONAL THING IS THAT MOST RESIDENTS HAVE NO IDEA WHAT CHANGED FROM TWO WEEKS AGO TO TONIGHT, NOTWITHSTANDING ALL THE HOLES IN EVERYTHING.
I WOULD CERTAINLY HOPE THAT ONE OF YOU WILL PROPOSE TO POSTPONE THIS UNTIL SOMETHING ALONG THE LINES OF ANOTHER COMMUNITY WORKSHOP THAT ADDRESSES THE CORRECTED LANGUAGE THAT Y'ALL HAVE BEEN TALKING ABOUT TONIGHT AND ALLOW STAFF TO FILL UP SOME OF THOSE HOLES SO THAT EVERYONE CAN SEE WHAT'S GOING ON.
NOT JUST PEOPLE THAT ALREADY OWN THEM.
I'M A MEMBER OF THE ESC, AND I HAVE SO MANY NOTES.
THIS HAS BEEN A REALLY ROBUST DISCUSSION.
I APPRECIATE ALL THE PEOPLE WHO ARE HERE SPEAKING.
TONIGHT, THE DISCUSSION AMONGST THE MAYORS AND COMMISSIONERS AND THE FACT THAT YOU ARE PRIORITIZING THIS CRITICALLY IMPORTANT ISSUE.
I WOULD LIKE TO REACT TO A COUPLE OF THE THINGS THAT CAME UP IN TERMS OF SETBACKS, FOR EXAMPLE.
THE ESC DID MAKE A RECOMMENDATION AROUND THIS ISSUE.
FOR PROTECTING TREES AND SETBACKS AS A WAY TO PREVENT CLEAR CUTTING.
SO I JUST DID WANT TO UNDERSCORE THAT, YOU KNOW, WE MADE A RECOMMENDATION AROUND THAT.
AS FAR AS RELOCATION, TWO, THE MAJORITY OF THE ESC WAS IN FAVOR OF EXPLORING THAT AS A WAY TO HELP WITH THIS ISSUE.
AND I WILL SAY WITH RELOCATING PALMS, THERE'S A VERY, VERY HIGH SUCCESS RATE.
SUCCESS RATE, THAT COULD BE SOMETHING THAT COULD JUST ALWAYS HAPPEN WHEN THERE'S A PALM.
I MEAN, IT'S IN THE 90% SUCCESS RATE.
I DID A LOT OF RESEARCH ON THIS AND THEY ACTUALLY ARE SLOW GROWERS.
A LOT OF THE PALMS THAT WE SEE ARE AROUND A HUNDRED YEARS OLD TOO, EVEN THOUGH THEY DON'T HAVE THE DIAMETER THAT THE OAK TREES HAVE.
SO, AND I'D ALSO LIKE TO, YOU KNOW, SOME OF THE THINGS THAT PEOPLE WERE SAYING BROUGHT UP.
JUST SOME THOUGHTS I'VE HAD ABOUT THE STRANGE ECONOMY THAT WE'RE IN RIGHT NOW.
I KNOW WHEN I WAS A KID, YOU KNOW, WHEN YOU WOULD GO TO SOMEONE'S HOUSE AND YOU WOULD SAY, OH, MY GOODNESS, WHAT A BEAUTIFUL HOUSE, BUT WHAT A BEAUTIFUL YARD.
AND YOU WOULD KNOW THAT IT WOULD TURN, YOU KNOW, BRIGHT YELLOW IN THE FALL.
OR, YOU KNOW, IT WAS THE WHOLE THING.
IT WASN'T JUST THIS HUMONGOUS HOUSE.
HOW MUCH HOUSE? CAN WE PUT ON THIS PROPERTY? AND SO I DON'T I DON'T KNOW HOW WE GOT HERE, BUT WE ALL KNOW THAT IT'S THE LAND THAT HAS THE VALUE.
CAN WE HAVE THE LAND AND THE TREES AS WELL? BECAUSE OBVIOUSLY THAT IS THE VALUE OF ATLANTA BEACH.
EVERYBODY MOVES HERE BECAUSE OF THE TREES.
AND IT'S ALSO WHY THESE BUILDERS ARE COMMANDING SUCH HIGH PRICES HERE.
WE'RE GOING TO, YOU KNOW, HAVE THAT TIPPING POINT.
AND I'M AFRAID THAT WE'RE REALLY, REALLY GETTING THERE.
AS, YOU KNOW, LONGTIME RESIDENT VALERIE PICKETT SAID IN THE LETTER THAT SOMEONE READ, YOU KNOW, SHE HAS WATCHED THE CHANGES ON 4TH STREET.
IT REALLY NO LONGER HAS THIS BEAUTIFUL CANOPY THAT IT ONCE HAD.
AND ONE OF THE LAST REMAINING PROPERTIES HAS BEEN SOLD.
AND I'VE SEEN THAT THE STREET PERMITS COME THROUGH.
ELLEN GLASSER. GOOD EVENING, EVERYBODY.
I WAS ONLY HERE TO JUST, LIKE, CHECK THE BOX TO SUPPORT PASSAGE OF 9A.
[02:10:01]
BEEN DONE TO FEEL COMFORTABLE.I'M NEVER COMFORTABLE PROCESS-WISE WHEN YOU GET TO THE FINAL READING AND THEN PEOPLE START TO BACKTRACK.
AND SO I'M SPEAKING TONIGHT BECAUSE IT LOOKS LIKE YOU MAY DILUTE THE PRODUCT THAT YOU HAVE ON TRACK TO VOTE FOR.
I WOULD URGE YOU TO PASS IT AS IS.
WE KNOW THERE'S NOT PERFECT LEGISLATION.
I'VE BEEN IN YOUR SHOES IN THE PAST TRYING TO FIND BALANCE, TRYING TO MINIMIZE FRICTION, BUT ALSO WELCOME FRICTION.
AND THE THING IS, IF YOU DON'T GET IT PERFECT.
YOU CAN COME BACK AND CHANGE IT.
I MEAN, WE'VE DONE THAT BEFORE.
I'VE GOTTEN SNARKY IN THE PAST WHEN I LIVE ON BEACH AVENUE, WHICH IS LIKE DEVELOPMENT ROW, AND SEEING THE CHANGES THAT HAVE HAPPENED TO LOOK AND FEEL.
I HAVE TO SAY, I THINK THAT CAN HAPPEN ANYWHERE IN THE CITY, NOT JUST WHERE THERE ARE LOTS IN MARSH OAKS BECAUSE OF THE INFILL DEVELOPMENT THAT'S HAPPENING WITH TAKING DOWN THESE.
SMALL HOMES AND PUTTING THE BIG ONES UP INSTEAD.
SO I'M JUST GOING TO ENCOURAGE YOU TO LEAN IN ON THIS.
YOU'RE NOT BOUND TO RELOCATE TREES.
WE'VE HAD DISCUSSION ABOUT THAT.
MITIGATION NEEDS TO BE HIGHER.
BUT LET'S NOT HAVE THIS 11TH HOUR PROCESS WHERE, YOU KNOW, WE THINK WE'RE GOING TO HAVE ONE THING PASSED AND THEN, YOU KNOW, PEOPLE ARE GOING TO READ THE PAPER THIS WEEK AND FIND OUT THAT IT WAS SOMETHING ELSE.
THIS IS AN OPPORTUNITY FOR YOU GUYS TO BE BOLD AND TO DO SOMETHING THAT IS ACTUALLY GONNA STOP THE HEMORRHAGING OF TREE LOSS IN ATLANTIC BEACH.
MAKE A STATEMENT BECAUSE RIGHT NOW WHAT WE'RE DOING IS NOT WORKING.
SO I APPLAUD EVERYBODY FOR COMING TONIGHT.
VOTE TO PASS IT AS IS AND MAKE CORRECTIONS IF YOU NEED TO, LADY.
NO, MAYOR GLASSER, WE LOVE YOU, BUT THERE'S NO APPLAUSE IN THIS CHAMBER.
OK, BUT THANK YOU FOR ALL THE SPEAKERS.
IS THAT THE FINAL SPEAKER? THAT IS.
AND I THINK THEY'RE ALL FOR THE SAME THING.
ARE YOU IN SUPPORT OF THIS ORDINANCE? I CAME HERE.
SO I HAVE 13 NAMES ALL IN SUPPORT OF THIS ORDINANCE.
WOULD YOU LIKE ME TO SAY THEIR NAMES? NO.
I MEAN, WE KNOW WE'VE GOT A LOT OF PEOPLE, INCLUDING THE FIVE ON THIS DAIS.
BEFORE WE TAKE A MOTION ON THIS, I'D LIKE TO BRING AMANDA BACK UP FOR JUST A QUICK QUESTION OR TWO.
I THINK ONE OF THE BIGGEST THINGS THAT KEEPS GETTING DISCUSSED IS THE.
MOVEMENT OR THE RELOCATION OF TREES.
AND SO I WOULD LIKE TO HAVE A LITTLE MORE COMFORT LEVEL ON THAT BECAUSE WHAT I'M HEARING FROM THE CITIZENS, AMANDA, IS THAT WE DON'T HAVE TO FORCE THAT IF IT DOESN'T MAKE SENSE.
SO WHAT DO YOU THINK YOUR ROLE WILL BE IN THE IMPLEMENTATION OF THAT PORTION OF THE CODE? WELL, I ALWAYS READ THE CODE MULTIPLE TIMES, SO LET'S READ IT OUT LOUD TOGETHER.
PRIOR TO APPROVING ANY REMOVAL, THE CITY RESERVES THE RIGHT TO REQUIRE THE RELOCATION OF THE TREES AT THE APPLICANT'S SOLE EXPENSE.
SO IF IT WAS PASSED TONIGHT, I WOULD, AS PART OF THE DUE DILIGENCE, IF THERE WAS A TREE ON THE PROPERTY THAT WAS OVER 20 INCHES DBH AND IT'S A MARITIME SPECIES, I WOULD ASK THE APPLICANT TO GET A COST TO MOVE THE TREE.
FREE MAKES SENSE SO STAND BY BECAUSE THIS GOES ON SO THAT MAKES SENSE BUT I'M NOT SURE I AND I APPRECIATE WHOEVER IT WAS THAT GAVE A A PRICE ACTUALLY I THINK CHRIS YOU GAVE A PRICE I'M NOT SURE I AGREE WITH THAT ALTHOUGH I DO AGREE WITH WHAT I HEARD FROM MR DELT THAT IF YOU'RE MOVING THE TREE IN A SHORT DISTANCE IT'S GOING TO BE A LOT CHEAPER ESPECIALLY IF YOU'RE NOT DEALING WITH POWER LINES SO UH I WISH WE COULD ALWAYS JUST MOVE TREES ON THE SAME LOT AND I ALSO HEARD FROM PEOPLE ABOUT THE PALM TREES AND THEY I AGREE WITH THAT.
THEY ARE PRETTY EASY TO MOVE AND GET THEM TO LIVE.
SO WHAT IS YOUR UNDERSTANDING, AMANDA, ABOUT THE PROCESS ROLE OF THE CDB ON A REQUEST FOR RELIEF FROM AN APPLICANT WHO IS DENIED THE ABILITY TO REMOVE THAT TREE BY YOUR DEPARTMENT? SO AS IT'S WRITTEN RIGHT NOW, IT DOES REQUIRE APPROVAL FROM THE COMMUNITY DEVELOPMENT BOARD AND COMMISSION.
AND SO SINCE YOU MENTIONED THAT, DO YOU KNOW WHY WE MADE IT AN AND
[02:15:02]
INSTEAD OF OR? BECAUSE FOR THE CITIZENS, THERE'S ALREADY A PROCESS THAT SAYS IF THEY'RE DENIED AT THE CDB, THEY ALWAYS CAN SEEK RELIEF THROUGH THE COMMISSION.SO WHY ARE WE DOING AN AND VERSUS AN OR? I DID NOT HAVE TIME TO GO BACK TODAY AND RESEARCH.
I BELIEVE IT WAS ATTEMPTED TO BE MODELED AFTER ALACHUA COUNTY, WHICH JUST WENT STRAIGHT TO COMMISSION.
BUT ALACHUA COUNTY IS DOING IT AT THE COUNTY LEVEL, NOT THE CITY LEVEL.
AND THAT IS MORE COMMON FOR COUNTIES TO GET INVOLVED IN THAT.
AND BY THE WAY, THEY ACTUALLY PAY COUNTY COMMISSIONERS REAL MONEY.
THEY DON'T PAY LITTLE TOWNS COMMISSIONERS REAL MONEY.
SO THAT'S A DISTINCTION I THINK NEEDS TO BE NOTED.
I JUST WANT THIS COMMISSION TO THINK BECAUSE, AGAIN, I CAN'T MAKE THE MOTION.
YOU'RE GOING TO MAKE THE MOTION.
BUT IF WE ADOPTED THE SAME PROCESS WE DO FOR ALL OF OUR, NOT EXCEPTIONS, BUT VARIANCES, THEY WOULD GO FIRST TO THE CITY OFFICE, IN THIS CASE, NEIGHBORHOODS.
THEY WOULD APPLY AND THEY WOULD EITHER BE APPROVED OR NOT.
OR DENIED, AND IF THEY'RE DENIED, THEY WOULD GO TO THE CDB, CORRECT? FIRST STEP.
THE FIRST STEP, THOUGH, IT TALKS ABOUT ANY TREES 20 INCHES OR GREATER.
SO REGARDLESS, IF STAFF APPROVES IT, IT HAS TO GO TO THE COMMISSION.
OKAY, SO IN THIS CASE, THAT'S A DISTINCTION.
SO IT WOULD GO TO THE CDB, AND THEN REGARDLESS OF WHETHER THE CDB APPROVED IT OR NOT, IT WOULD THEN GO TO THE COMMISSION.
AND SO WHAT I'M SUGGESTING TO THE COMMISSIONERS, IT'S NOT HARD TO MAKE THAT MINOR SHIFT AND SAY, IT WOULD GO TO THE CITY COMMISSION IF THE APPLICANT CHOSE TO REFER IT BEYOND CDB IF THEY DID NOT GET APPROVAL.
YOU COULD JUST SAY UPON APPEAL.
YEAH, IT'S THE SAME THING AS WE DO ON VARIANCES NOW, WHICH WOULD RELIEVE A CONCERN THAT I HAVE THAT WE NOW BECOME COMMISSIONERS OF TREES.
I WANT THE CITIZENS TO UNDERSTAND.
I THINK SOME OF US ACTUALLY RECOGNIZE THAT THAT'S MORE FRICTION IN THE SYSTEM.
AND WE'VE HEARD THAT WORD OVER AND OVER TONIGHT.
WE'RE TRYING TO DO SOMETHING DIFFERENT AND OUT OF RESPECT TO THE CITIZENS THAT SAY WE GOT TO DO SOMETHING DIFFERENT.
SO I GET THE FRICTION PART OF IT.
BUT I WOULD RATHER SEE THIS COMMISSION APPROVE THIS WITHOUT THE COMMISSION AUTOMATICALLY BEING ENGAGED.
AND AS WAS STATED BEFORE, NEXT YEAR, IF WE THINK THAT'S INSUFFICIENT, WE COULD GET THE COMMISSION ENGAGED.
SO THAT'S GOING TO BE AN ASK THAT I HAVE ON THIS AND THAT WE THINK VERY CAREFULLY ABOUT THE.
SO LAST THING ON THIS, AMANDA, HOW ARE YOU GOING TO BE THE ARBITER? AND I DON'T THINK YOU WANT TO BE THE ARBITER, BUT SOMEBODY IN YOUR DEPARTMENT OR YOU, STAFF, IS GOING TO BE THE ARBITER OF WHAT IS OKAY TO GIVE AN EXCEPTION ON AND WHAT IS NOT.
HOW ARE YOU GOING TO DO THAT? THE WAY IT'S WRITTEN, AGAIN, IT WOULD GO TO COMMUNITY DEVELOPMENT BOARD AND COMMISSION FOR FINAL APPROVAL.
WE WOULD ASK THE APPLICANT IN THE CODE TO DEMONSTRATE THAT THE DEVELOPMENT OR CONSTRUCTION ACTIVITY CANNOT OCCUR IN ANY OTHER LOCATION ON THE SITE OR THAT THE REMOVAL IS UNAVOIDABLE DUE TO SITE CONDITIONS AND OR DESIGN CONSIDERATIONS.
THE REMOVAL OF THE TREE IS UNAVOIDABLE? WAIT A SECOND.
SO, HOW DO WE KNOW THAT THIS TREE IS ONE THAT...
YOU'RE GOING TO START OUT BY HOW MUCH DOES IT COST AND SOMEBODY'S GOING TO ARBITRARILY DECIDE THAT'S A LOT OR THAT'S NOT TOO MUCH.
SO I WOULD ENVISION THAT BEING PART OF THE PROCESS THAT MOVES FORWARD IS THAT PRIOR TO THE APPROVAL OF THE REMOVAL, THE CITY RESERVES THE RIGHT TO REQUIRE THE RELOCATION.
THAT WOULD BE A COST THAT WOULD, I WOULD ASSUME, BE BROUGHT FORWARD TO THE BODY THAT MAKES THE DECISION.
THE APPLICANT WOULD HAVE TO PROVE THAT THEY CANNOT HAVE DEVELOPED THE SITE WITHOUT REMOVING THE TREE.
AND THEN IF SO, IT WOULD BE UP TO COMMISSION OR WHICHEVER BODY DEEMS IT TO EITHER HAVE THEM RELOCATED ON SITE OR MITIGATE IT WITH WHATEVER RATIO YOU COME UP WITH TONIGHT.
IN TERMS OF RELOCATION TREES, I THINK WE MAYBE WERE TO KIND OF.
I THINK WE SHOULD DEFINITELY INCREASE MITIGATION FEES, ESPECIALLY FOR LIVE OAKS, ABOVE WHATEVER IT COSTS TO MOVE IT, TO GIVE THEM EXTRA INCENTIVE TO MOVE IT, OKAY, NUMBER ONE.
NUMBER TWO, TO MOVE IT, IT HAS TO BE MOVED ON THE PROPERTY.
I DON'T THINK IT HELPS US TO HAVE IT MOVED, YOU KNOW, DOWN THE STREET TO A PARK.
[02:20:01]
ON THE LOT THAT IT'S ON.SO IF THEY WANT SOME SORT OF GRACE TO MOVE IT SOMEWHERE ELSE, THAT WOULD BE A CDB CONVERSATION, I THINK.
SO IF YOU DID THOSE TWO THINGS, I THINK WE PROMOTE THE RELOCATION OF TREES.
INSIDE THE PROPERTY VERSUS GETTING INTO THE WEEDS ABOUT, YOU KNOW, WHERE IS IT MOVED AND, YOU KNOW, THE CAUGHT IS JUST LIKE, YOU KNOW, BETWEEN YOU AND OUR ARBORIST FIGURE OUT WHAT THE MITIGATION FEE SHOULD BE.
AND JUST, AND I THINK FOR STARTERS, MOVING TREES SHOULD BE SHOULD BE CONCENTRATE ON THE LIVE OAKS.
AND THEN WE CAN GO BACK AND MOVE LATER.
I MEAN, ADDRESS OTHER TREES LATER, BUT YOU KNOW, THE LIVE OAKS.
BECAUSE IF YOU TAKE ALL THE TREES THAT ARE INSIDE A BUILDABLE AREA AND TRY TO MOVE ALL OF THOSE, YOU KNOW, YOU'RE NOT GOING TO, IT'S GOING TO BE, YOU KNOW, THAT'S GOING TO BE HARD TO GET ANYBODY, ANY BUILDER OR HOMEOWNER TO DO.
BUT THE LIVE OAK, YOU GOT TO SAVE THE LIVE OAK IS WHAT, YOU KNOW, AND ALL THE OTHER TREES STILL STAY.
THE MARITIME FOREST IS ALL PART OF THE MITIGATION CALCULATION.
BUT, AND THAT MIGHT BE SOMETHING.
AND THE OTHER THING TOO, I DEFINITELY SUPPORT, I DO NOT WANT TO LEGISLATE.
I THINK WE JUST REVERT BACK TO THE OLD LANGUAGE, THE CURRENT LANGUAGE RATHER.
AND LOOK, WE GOT A LOT OF STUFF WE'RE THROWING AT AMANDA AND CITY MANAGER.
I DO NOT WANT DELAY EITHER, BUT IF THERE'S SOME WAY TO PUT A MORATORIUM ON TREE PERMITS FOR ANOTHER MONTH WHILE WE FIGURE THIS OUT, YOU KNOW, I'D BE IN SUPPORT OF A DELAY JUST TO GET THIS A LITTLE BIT MORE REFINED BECAUSE IT DOES SEEM...
AND I THINK ELLEN MENTIONED IT, YOU KNOW, WE'RE LAST MINUTE WAFFLING.
BUT LAST MINUTE, TWO WEEKS AGO, WE GOT THE DEAL ABOUT ALL THE MARITIME FOREST TREES.
WE PLUGGED THAT IN THERE LAST MINUTE.
SO WE'RE ALL, YOU KNOW, WE ONLY HAD LIKE TWO WEEKS TO ABSORB THAT AND FIGURE ALL THAT OUT.
SO I DON'T THINK IT'S AN UNREASONABLE REQUEST TO ADDRESS, YOU KNOW, STUFF COMING TO US AND PROMOTING THE RELOCATION TREES ON PROPERTY.
AND THERE'S A COUPLE OF THINGS OUT THERE.
I WANT TO MOVE FORWARD TO DO SOMETHING, BUT I DON'T WANT TO, YOU KNOW, I THINK WHEN WE 1ST STARTED THIS CONVERSATION, WE TALKED ABOUT.
I THINK A LOT OF 4 STREET AND WE WERE CONCERNED ABOUT THAT THAT OAK ON THE RIGHT AWAY AND IT'S GONE NOW.
THAT WAS GOING TO BE OUR, THAT WAS GOING TO BE 1 OF OUR METRICS.
YOU KNOW UNLESS WE CAN DO SOME SORT OF MORATORIUM UNTIL WE FIND THE LANGUAGE I DON'T WANT TO EXTEND IT BUT IT SEEMED LIKE IT'D BE A YOU KNOW MAYBE A SMART THING TO CONSIDER YES UH COMMISSIONER SO THAT'S COMMISSIONER BOWL SUGGESTED IF WE WANTED TO PUT IN UPON APPEAL TO THE YOU KNOW STANDARDIZE THE PROCESS THAT WE ALREADY DO FOR OTHER VARIANCES WHERE WOULD WE PUT IT IN HERE UM IT WOULD BE IN 2342, THE 1, 2, 3, 4, 5.
I THINK IT WOULD BE THAT MIDDLE SENTENCE.
FINAL APPROVAL FOR REMOVAL MUST BE GRANTED.
RIGHT NOW IT SAYS MUST BE GRANTED BY BOTH THE COMMUNITY DEVELOPMENT BOARD AND THE CITY COMMISSION.
I SUPPOSE YOU COULD TWEAK THAT TO SAY MUST BE GRANTED BY TAKE OUT BOTH.
SO MUST BE GRANTED BY THE COMMUNITY DEVELOPMENT BOARD, THEN TAKE OUT AND THE.
PLACE PUT WITH APPEALS TO YES LIKE MR BULL SAID THAT'S THAT'S A QUICK FIX BUT THAT WOULD BE THAT THAT PUTS US OUT OF THE BUSINESS OF REVIEWING EVERY EVERY DARN EVERY TREE IN THE FOREST AMANDA MAKE SURE I DIDN'T KNOW AND THEN UH THE ON THE SAME PAGE THE REMOVAL THE LAST SENTENCE SWITCH OUT COMMISSION THERE FOR COMMUNITY DEVELOPMENT BOARD REMOVAL MAY BE APPROVED BY COMMUNITY DEVELOPMENT BOARD UPON DEMONSTRATING THAT THE APPLICANT SO IT GOES WOULD MAKE THAT YEAH, I AGREE WITH THAT.
YES, GO AHEAD TO THE COMMISSION AND TO THE AUDIENCE COMMISSIONER GRANT WHEN REFERENCING A TREE REMOVED WAS TALKING ABOUT THE TREE ON THE ON WEST 1ST, WEST 1ST, WEST 1ST, 3, NOT 4TH STREET.
MORE JOKES CORRECT ABOUT WHEN WE, THIS IS AFTER THE 7 OF ITEMS LOT AND MORE SHOWS THAT'S THE ONLY TIME I TOOK OUT.
I WAS TALKING ABOUT THE NEXT STREET.
AND SOMEONE TOLD US, I DON'T KNOW HOW I THINK ABOUT THE NEXT STREET, WE NEED TO BE CONSCIOUS OF.
AND IT WAS THIS ONE ON 4TH STREET.
[02:25:01]
I THOUGHT WE HAD LOST THAT ONE.SHOULD WE STILL LIVE IN IT? OKAY.
MAYOR, I'M JUST GOING TO CUT TO THE CHASE.
I PLAN TO PROPOSE THIS ORDINANCE, 9526128, AND I HAVE ALL KINDS OF NOTES ON MITIGATION, RATES, SETBACK, ET CETERA, ET CETERA.
WHAT I LOOK AT IS A FRAMEWORK.
WE COULD SIT HERE AND TALK ABOUT SPECIFIC TREES.
HEY, LET'S GO FORWARD AND MAKE THE FRAMEWORK AND LET'S FIX IT.
AND WE COULD FIX IT THE NEXT MEETING.
BUT IF WE STALL HERE OVER GOING DOWN A RABBIT HOLE, I THINK WE'RE NOT DOING A SERVICE TO OUR COMMUNITY AND TO OUR CITIZENS.
I TOO AM READY FOR A MOTION, BUT THAT WOULD INCLUDE MITIGATION RATIOS PRESENTED BY STAFF.
AMENDED WITH MAYOR FORD'S SUGGESTION WITH THE SETBACK AND ALSO INCLUDING UPON APPROVAL.
SO MOTION, A SECOND, AND WE AMEND.
I MOVE THAT WE APPROVE ORDINANCE NUMBER 95-26.
DASH 128 AMENDING THIS TO INCLUDE STAFF'S RECOMMENDATION FOR MITIGATION RATIO AND DOUBLING THE MITIGATION FEE FOR TREES IN THE SETBACK ALSO INCLUDING THE CHANGE IN THE SENTENCE SECTION 23 DASH 42 WITH FINAL APPROVAL FOR REMOVAL MUST BE GRANTED BY THE COMMUNITY DEVELOPMENT BOARD AND WITH APPEALS TO THE CITY COMMISSION SECOND THANK YOU.
OKAY, WE HAVE A MOTION AND SECOND DISCUSSION.
IT AIN'T PERFECT, BUT IT'S A GOOD START.
DID YOU WANT US TO RESTATE THAT? OH, WELL, I DON'T KNOW IF YOU CAN, BUT WE'LL WRITE IT.
I'M JUST GOING TO SAY MAYBE THE AND WITH APPEALS TO THE COMMISSION, TAKE THE AND OUT.
ALLOWING FOR APPEALS TO THE COMMISSION.
YEAH JUST CHANGE IT TO ALLOWING FOR APPEALS TO THE COMMISSION BE GRANTED BY THE COMMUNITY DEVELOPMENT BOARD WITH APPEALS TO THE CITY COMMISSION OKAY YEAH THERE WOULD BE A LIKEWISE CHANGE IN THAT LAST SENTENCE THAT AMANDA POINTED OUT AS WELL WHERE YOU TAKE OUT THE CITY COMMISSION YOU PUT COMMUNITY DEVELOPMENT CAN YOU REPEAT YOUR AMENDMENT JUST THE WHOLE THING AMENDING THIS TO INCLUDE STAFF'S RECOMMENDATION FOR THE MITIGATION RATIO AND DOUBLING THE MITIGATION FEE FOR TREES WITHIN THE SETBACK, INCLUDING AN AMENDMENT TO THE SENTENCE FINAL APPROVAL FOR REMOVAL MUST BE GRANTED BY THE COMMUNITY DEVELOPMENT BOARD WITH APPEALS TO THE CITY COMMISSION.
AND THEN REMOVAL OF THAT SENTENCE REMOVAL MAY BE APPROVED BY THE CITY OR THE COMMUNITY DEVELOPMENT BOARD.
AND WE'VE AMENDED THE AMENDMENT WITHOUT NORMAL PROCESS, BUT I THINK WE WOULD JUST CLARIFY.
WE'VE AMENDED THE AMENDMENT INTO THE MOTION.
I THINK WE'RE READY TO TAKE A VOTE, BUT I'M GOING TO JUST GO ON RECORD.
WHAT WE HAVE IS A VERY UNUSUAL CIRCUMSTANCE BECAUSE THIS IS VERY NOT BAKED.
AND SO HERE'S THE THINGS I WANT TO WATCH OUT FOR AS WE GO FORWARD ON THIS, ASSUMING IT PASSES, IS HOW MUCH TIME DOES IT REALLY TAKE TO GET THROUGH THE PROCESS? I SUSPECT IT'S MORE THAN A COUPLE OF MONTHS.
IF THERE'S A TREE IN QUESTION, IT COULD BE MANY MONTHS.
AND THEN WHAT IS THE TRUE COST? IF WE'RE ACTUALLY SERIOUS ABOUT POSSIBLY MOVING TREES, WHAT IS THE REAL COST? I'M NOT SURE THAT IT'S AS LIGHT AS WHAT I HEARD EARLIER, EVEN IF IT'S ON SITE, BUT WE SHOULD DO DISCOVERY ON IT, RIGHT? AND THEN FINALLY, I HEARD YOU, COMMISSIONER BOLL, I THINK IT WAS YOU, BUT I THINK WE WANT TO REVISIT, BY THE TIME WE COME BACK WITH THE NEXT ITERATIONS, I THINK WE WANT TO REVISIT OUR MITIGATION FEES AND REALLY GET THAT SMARTER BECAUSE THIS WAS JUST A QUICK THING TODAY TO DOUBLE THE MITIGATION FEES IN THE SETBACKS ON THESE PROTECTED TREES.
BUT I THINK WE'VE GOT A LOT MORE WORK TO DO THERE IN THE FUTURE.
STAFF'S RECOMMENDATION OF MITIGATION FEES.
STAFF DIDN'T HAVE A RECOMMENDATION.
RATHER, A COMMISSIONER OR TWO SUGGESTED MITIGATION FEES.
THERE WAS A RATIO TABLE THAT WAS PROVIDED IN OUR STAFF REPORT WITH HIGHLIGHTED RATIOS.
[02:30:01]
THANKS.THAT WASN'T A STAFF RECOMMENDATION TO SAY, BUT IT'S WITHIN THE STAFF REPORT.
MAYOR, JUST TO, YOU MENTIONED IT YOURSELF, YOU KNOW, WE SAY WE'RE A TREE CITY.
YOU LOOK AT OUR CHARTER, YOU LOOK AT OUR GOALS AND WHAT'S UP AT THE TOP.
SO IF IT TAKES THREE MONTHS TO GO THROUGH THIS, WE'RE DOING SOMETHING WRONG IN THE REAL WORLD.
WE WOULD GO AND FIX THAT PROGRAM.
SO, HEY, YOU GOT THE BOARD IS ON THE 10TH.
YOU MOVE TO THE CITY NEXT CITY COMMISSION MEETING.
I BET IF WE PUT OUR MIND TO IT, WE CAN FIGURE OUT A FORMULA WHERE THAT'S A MONTH, A MONTH AND A HALF.
IF WE IF WE APPROVE THIS, WE DID A LOT BY ELIMINATING THE MANDATE THAT THE COMMISSION HAS TO BE A SECOND REVIEWER.
AND YOU SAID, SINCE I HOPE YOU'RE HEARING THAT IN THE BALANCE TO NOT TO TRY TO BE APPROPRIATE WITH THOSE PEOPLE WHO MAY NOT LIKE WHAT WE JUST DID, WE SHOULDN'T DELAY THEM UNNECESSARILY IF THEY'RE FOLLOWING A REASONABLE PROCESS.
I MEAN, JUST FOR FURTHER CLARIFICATION THAT WHAT'S REFERENCED IN THE STAFF REPORT IS THE CURRENT MITIGATION RATE.
SHE KNOWS THAT AND SHE'S DOUBLING THE FEES FOR THE PROTECTED TREES.
ALL IN FAVOR SIGNIFY WITH AYE.
THIS IS THE MOST SIGNIFICANT TREE ORDINANCE THIS CITY HAS EVER REALLY CONSIDERED.
WE'VE STILL GOT ONE MORE THING.
WE ACTUALLY GOT A FEW MORE THINGS.
OKAY, READY? OKAY, AM I ON? YEAH, OKAY.
I'M GOING TO READ IT EVEN THOUGH PEOPLE ARE MILLING ABOUT.
ARE YOU GUYS READY? DONNA, ARE YOU GOOD? I'M READING.
WE'LL TAKE A FIVE-MINUTE BREAK.
[9.B. ORDINANCE NO. 5-26-75, Public Hearing and Final Reading]
OH, THIS MEETING WILL RECONVENE.WE'RE ON ITEM 9B, ORDINANCE NUMBER.
5-26-75, PUBLIC HEARING AND FINAL READING.
OH, WAIT, IS THAT, YEAH, OKAY.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE 9, CITY FEES, AMENDING DIVISION 2, BUILDING CODE FEES, INCLUDING SECTION 2-500, SCHEDULE OF BUILDING PERMIT FEES, SECTION 2-501, SCHEDULE OF ELECTRICAL PERMIT FEES, SECTION 2-502, SCHEDULE OF PLUMBING PERMIT FEES, AND SECTION 2-503 SCHEDULE OF MECHANICAL AND GAS PERMIT FEES AMENDING DIVISION THREE FIRE DEPARTMENT FEES INCLUDING SECTION 2-510 CREATING A NEW DIVISION FOUR PUBLIC WORKS FEES INCLUDING SECTION 2-520 SCHEDULE OF PUBLIC WORKS PERMIT FEES CREATING A NEW DIVISION FIVE ZONING FEES INCLUDING SECTION 2-530 PROVIDING FOR FINDINGS OF FACT CODIFICATION APPLICABILITY CONFLICT SEVERABILITY AND AN EFFECTIVE DATE MR HOGAN CAMP I HOPE YOU CAN ARTICULATE WHAT THE HECK I JUST READ I HOPE SO TOO UM STAFF PRESENTED UH UM THESE FEES I AM LOOKING AT THE RECREATION FEES I SHOULD BE LOOKING AT BUILDING CREATION OH YEAH THAT'S RIGHT THESE WERE OPPOSITE PLACES IN THE AGENDA PACKET PLEASE FORGIVE ME ALL RIGHTY.
I'M TERRIBLY SORRY ABOUT THAT.
SO STAFF PRESENTED THESE FEES AT THE JUNE 8TH MEETING.
THEY WERE ADVANCED TO THE JUNE 22ND MEETING.
THESE FEES WERE ARE INSPIRED BY STATE LAW AND WE'VE ALIGNED THEM WITH OUR PROCESSES AND WE HAVEN'T RECEIVED ANY UNFAVORABLE FEEDBACK ABOUT THESE PROPOSED FEES AND WE RECOMMEND ADOPTION OF THIS ORDINANCE ON SECOND AND FINAL READING.
I MAKE A MOTION TO APPROVE ORDINANCE 5-26-75.
[9.C. ORDINANCE NO. 5-26-76, Public Hearing and Final Reading ]
WE HAVE A MOTION AND A SECOND.DISCUSSION? HEARING NONE, ALL IN FAVOR SIGNIFY WITH AYE.
[02:35:02]
PUBLIC HEARING.WE DIDN'T DO A PUBLIC HEARING ON THE PREVIOUS ONE.
DID WE HAVE ANYBODY SIGNED IN FOR THE PUBLIC HEARING? OKAY, SO I'M OPENING THE PUBLIC HEARING ON THE PREVIOUS ORDINANCE AND HEARING NO.
SPEAKERS, I'M CLOSING THE PUBLIC HEARING AND MOVING ON TO ITEM 9C, ORDINANCE NUMBER 5-26-76, PUBLIC HEARING AND FINAL READING, AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE 09, CITY FEES BY CREATING A NEW DIVISION 6 PARKS AND RECREATION FACILITY FEES FOR THE PURPOSE OF CONSOLIDATING CITY FEES INTO A SINGLE CHAPTER OF THE CODE, AMENDING CHAPTER 5, BEACHES, PARKS, AND RECREATION SECTION FIVE DASH THIRTY TWO USER FEES FOR PARKS AND RECREATION FACILITIES TO REMOVE THE EXISTING FEE SCHEDULE AND REFERENCE THE NEW FEE LOCATION IN CHAPTER TWO PROVIDING FOR FINDINGS OF FACT CODIFICATION APPLICABILITY CONFLICT SEVERABILITY AND AN EFFECTIVE DATE MR HOGAN CAN THANK YOU MAYOR FORD STAFF PRESENTED THESE FEES UH THIS FEE SCHEDULE AT ITS JUNE EIGHTH MEETING UM FOR FOR EARLY REVIEW YOU APPROVED THIS FEE SCHEDULE ON JUNE 22ND ON FIRST READING.
WE RECOMMEND THAT YOU APPROVE THESE FEES, WHICH WILL INCREASE CITY REVENUE, BUT WE DON'T KNOW PRECISELY HOW MUCH BY YET TONIGHT ON SECOND AND FINAL READING.
DONNA, DO WE HAVE ANYBODY TO SPEAK PUBLIC HEARING? WE DO NOT.
OKAY, THEN WE'LL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION.
MAKE A MOTION TO APPROVE ORDINANCE NUMBER 5-26-76.
WE HAVE A MOTION AND SECOND DISCUSSION.
I NOTICED BOTH OF THESE ORDINANCES HAVE THE BUSINESS IMPACT ESTIMATE FORM, WHICH IS NOW REQUIRED BY THE STATE.
KEVIN, ANY IDEA ABOUT HOW MUCH EXTRA IT COST US TO PRODUCE THAT? THE BUSINESS IMPACT FORM? YEAH.
LESS THAN AN HOUR OF STAFF TIME? JUST INTERESTED.
[10.A. Public Hearing - APP26-0002 - Appeal of of an administrative decision at 970 Jasmine Street. Appealing the City's interpretation of Section 24-151 regarding mechanical equipment and the requirement that such equipment be located a minimum of five (5) feet from any property line adjacent to a residential use. ]
WE HAVE A MOTION AND A SECOND.ANY FURTHER DISCUSSION? HEARING NONE, ALL IN FAVOR SIGNIFY WITH AYE.
WE'RE NOW MOVING TO 10A, PUBLIC HEARING APP26-0002, APPEAL OF AN ADMINISTRATIVE DECISION ON 970 JASMINE STREET.
WHAT'S THE PROCESS? WE'LL GO TO CITY ATTORNEY FOR PROCEDURAL REMINDER.
QUICK BECAUSE I DON'T SEE TOO MANY PEOPLE IN THE CROWD.
THE PROCEDURAL FORMAT IS THE STAFF WILL MAKE PRESENTATION.
APPLICANT THEN HAS AN OPPORTUNITY TO MAKE THEIR PRESENTATION, FOLLOWED BY ANY MEMBERS OF THE PUBLIC.
AND THEN AFTER ALL PUBLIC COMMENTS, THE APPLICANT HAS AN OPPORTUNITY TO PROVIDE A REBUTTAL, AND THEN YOU BRING IT BACK TO THE BOARD FOR YOUR CONSIDERATION.
THIS IS A QUASI-JUDICIAL PROCEEDING BECAUSE IT'S AN APPEAL, SO YOUR CONSIDERATION AND ACTION MUST BE BE BASED ON SUBSTANTIAL COMPETENT EVIDENCE, WHICH MEANS THAT THE DECISION IS SUPPORTED OR SHOULD AND MUST BE SUPPORTED BY FACT-BASED TESTIMONY OR EXPERT TESTIMONY AND NOT ANY GENERALIZED CONCERNS OR OPINIONS.
AND LASTLY, ANY EX PARTE COMMUNICATIONS THAT YOU MAY HAVE HAD THAT MAY BE WITH THE APPLICANT OR MEMBERS OF THE PUBLIC, YOU DISCLOSE THAT HERE RIGHT NOW, WHO YOU SPOKE TO BRIEFLY, WHAT IT WAS ABOUT, AND WHEN.
WITH THAT, I'LL TURN IT BACK TO YOU.
ANYONE WISH TO DISCLOSE EX PARTE? NO.
I DO NOT HAVE EX PARTE COMMUNICATION WITH THE APPLICANT.
I DO WANT TO MENTION THAT THIS PARTICULAR PROPERTY, 970 JASMINE, IS RIGHT NEXT TO MY PROPERTY.
I DID REACH OUT TO JASON ALONG WITH AMANDA REGARDING IF I HAD ANY EFFECT ON MY PROPERTY.
AND AMANDA DID DISCLOSE OR SHARE THAT MY PROPERTY AND HIS PROPERTY ARE SEPARATED BY A PUBLIC RIGHT-OF-WAY ON BEGONIA STREET.
SO WHEN WE GET THERE THROUGH THE MAP, I BELIEVE YOU CAN ACTUALLY SEE MY TWO PROPERTIES THAT ARE LISTED THERE, BUT YOU CAN ALSO SEE THE BEGONIA STREET THAT RUNS RIGHT THROUGH IT.
I JUST WANTED TO DISCLOSE THAT.
AMANDA, WOULD YOU JOIN US, PLEASE? AND DO WE HAVE ANYBODY WHO IS SPEAKING OTHER THAN YOU, AMANDA? I DO NOT SEE THE APPLICATION.
IF NOBODY'S RAISING THEIR HAND, WE WON'T DO A SWEARING IN.
SO, AMANDA, TAKE IT AWAY ON THE STAFF OVERVIEW.
WELL, THIS IS AN APPEAL OF AN ADMINISTRATIVE DECISION.
[02:40:01]
THE CODE 2446 DOES ALLOW ANY AGGRIEVED PARTY TO MAKE AN APPEAL TO COMMISSION TO HEAR.THE APPEAL SPECIFICALLY IS TO 24-151, THE LAND DEVELOPMENT REGULATIONS REGARDING THE CLASSIFICATION OF AN ELECTRICAL METER AND BREAKER PANEL MOUNTED ON A PERMANENT UTILITY PEDESTAL AS MECHANICAL EQUIPMENT.
THE CODE DOES REQUIRE A FIVE-FOOT SETBACK.
THE SUBJECT PROPERTY, AS COMMISSIONER RING DID MENTION, IS LOCATED ON JASMINE STREET.
YOU CAN SEE ON THE MAP THAT IT IS A THROUGH PROPERTY.
BEGONIA IN THIS SECTION IS A RIGHT-OF-WAY, BUT IT'S UNPAVED.
AND SO IT IS LOCATED IN THE MARSH OAKS SECTION.
THE APPLICANT, AS I MENTIONED, IS APPEALING STAFF'S INTERPRETATION OF THIS PEDESTAL.
STAFF HAS INTERPRETED IT AS MECHANICAL EQUIPMENT.
THE APPLICANT DISAGREES WITH THIS.
THE CURRENT PEDESTAL AS SEEN IN THIS PHOTO IS APPROXIMATELY ONE FOOT FROM THE NORTHERN PROPERTY LINE.
THE CODE, IF IT IS DETERMINED AS MECHANICAL EQUIPMENT, REQUIRES A FIVE-FOOT SETBACK.
THE ELECTRICAL METER AND BREAKER WERE INSTALLED TO SUPPORT AN IRRIGATION SYSTEM UTILIZING AN ON-SITE WELL AND WATER PUMP REQUIRED AS PART OF THE INSTALLATION.
PART OF THEIR TREE MITIGATION TO KEEP THE TREES ALIVE.
THE APPLICANT RECEIVED ELECTRICAL SERVICE APPROVAL FROM JEA.
HOWEVER, THE LOCATION OF THE EQUIPMENT WAS NOT SHOWN ON THE CITY APPROVED PLANS AND THERE WAS NO DOCUMENTATION INDICATING CITY APPROVAL OF THE ACTUAL LOCATION.
STAFF, CURRENT STAFF AND FORMER STAFF VISITED THE PROPERTY DURING VARIOUS STAGES OF DEVELOPMENT AND THERE'S NO WRITTEN DOCUMENTATION DEMONSTRATING THAT THE LOCATION OF THE ELECTRICAL EQUIPMENT WAS EVALUATED FOR ZONING COMPLIANCE OR FORMALLY FOR APPROVAL.
I KNOW STAFF HAS BEEN THERE TO LOOK AT TREES, LOOK AT THE FENCE AND SOME OF THE FOUNDATION.
AGAIN, THIS EQUIPMENT WAS NOT SHOWN ON THE APPROVED SET OF PLANS.
STAFF HAS DETERMINED THAT THIS ELECTRICAL METER AND BREAKER PANEL CONSTITUTES MECHANICAL EQUIPMENT UNDER 24151K. AND BECAUSE THEY ARE PERMANENTLY UTILITY INFRASTRUCTURE SERVING THE RESIDENTS, ALTHOUGH IT'S NOT SPECIFICALLY LISTED, STAFF INTERPRETS THE ORDINANCE REFERENCE TO SIMILAR EQUIPMENT TO INCLUDE PERMANENT ELECTRICAL SERVICE EQUIPMENT.
THIS IS THE DEFINITION OR THE REQUIREMENTS IN 24151K.
MECHANICAL EQUIPMENT ON LOTS THAT ARE WITHIN OR ADJACENT TO A RESIDENTIALLY ZONED DISTRICT, WHICH THIS ONE IS RESIDENTIAL, EQUIPMENT SUCH AS HEATING AND AIR CONDITIONING UNITS, PUMPS, COMPRESSORS, POOL EQUIPMENT, GENERATORS, OR SIMILAR EQUIPMENT SHALL NOT BE LOCATED IN THE REQUIRED FRONT YARD OR CLOSER THAN FIVE FEET FROM ANY PROPERTY LINE THAT IS ADJACENT TO A RESIDENTIAL USE.
AND THEN THAT'S, IT IS THE INTENT OF THE PROVISION TO REQUIRE PLACEMENT OF SUCH EQUIPMENT IN A LOCATION THAT DOES NOT UNREASONABLY DISTURB NEIGHBORS.
THIS REQUIREMENT SHALL NOT APPLY TO REPLACEMENT OF SUCH EQUIPMENT LAWFULLY INSTALLED PRIOR TO THE EFFECTIVE DATE OF THESE LAND DEVELOPMENT REGULATIONS.
ALTHOUGH THE ELECTRICAL METERS AND BREAKER PANELS ARE NOT SPECIFICALLY IDENTIFIED IN THE ORDINANCE, STAFF INTERPRETS THIS AS SIMILAR EQUIPMENT BECAUSE THEY ARE PERMANENT UTILITY INFRASTRUCTURE SERVING THE PRINCIPAL USE OF THE BUILDING.
WE DID GO BACK AND TRY TO DEFINE ELECTRICAL EQUIPMENT.
IT'S NOT DEFINED IN THE ZONING CODE.
WE DID FIND IN THE FEMA DOES CLEARLY INCLUDE ELECTRICAL EQUIPMENT IN ITS MECHANICAL EQUIPMENT GUIDELINES FOR FLOODPLAIN EVALUATION REPORTS.
A PORTION OF THIS PROPERTY IS LOCATED IN THE FLOODPLAIN.
HOWEVER, WHERE THEY'RE PROPOSING THEIR EQUIPMENT IS NOT LOCATED IN THE FLOODPLAIN.
RED FIRE? IS THAT THE PROBLEM? IT IS.
IT'S ALSO TO NOT DISTURB YOUR NEIGHBOR.
SOMETIMES THIS MECHANICAL EQUIPMENT CAN BE NOISY.
I WAS LOOKING AT THIS AND I SAW A CIRCUIT BREAKER AND I WAS ON FIRE.
AND IT'S ALSO TO PROVIDE AN OPPORTUNITY TO SERVICE THIS EQUIPMENT BETWEEN THE EQUIPMENT AND THE PROPERTY LINE.
AREN'T MOST OF THESE ELECTRONIC OR ELECTRICAL EQUIPMENT LOCATED ON? THE DWELLING UNIT ITSELF? YES.
I'M ACTUALLY, HERE YOU GO, HERE'S A PICTURE OF IT.
STAFF HAS NOT SEEN IN A RESIDENTIAL CONTEXT THIS TYPE OF SCENARIO BEFORE.
SO WHILE THEY DID OBTAIN JEA APPROVAL
[02:45:02]
FOR THIS PARTICULAR LOCATION, THEY DID NOT OBTAIN STAFF APPROVAL, AND THIS IS NOT SOMETHING WE NORMALLY SEE ON RESIDENTIAL PROPERTY.WHEN THEY APPLIED FOR THE PERMIT, DID THEY GIVE A DRAWING, SITE PLAN AS TO WHERE THEIR SITE PLAN DID NOT SHOW THIS ON THE APPROVED SET OF DRAWINGS, DID NOT SHOW THIS EQUIPMENT, THEIR MECHANICAL EQUIPMENT.
I WAS UNDER THE IMPRESSION THAT IT HAD BEEN THERE A WHILE.
IT'S BEEN THERE FOR A MONTH OR A COUPLE OF MONTHS.
STAFF WENT OUT FOR ANOTHER INSPECTION AND NOTICED THE EQUIPMENT AND SAID, HEY, THIS IS AN ISSUE.
THIS IS THE FIRST BULLET POINT.
STAFF IS NOT AWARE OF RECENTLY CONSTRUCTED SINGLE-FAMILY HOMES WHERE PERMANENT ELECTRICAL METER AND BREAKER ARE ON THE FREESTANDING STRUCTURE.
AS I MENTIONED, THEY ARE TYPICALLY DIRECTLY MOUNTED TO THE HOUSE.
BECAUSE OF THE INSTALLATION CONSISTENT OF PERMANENT UTILITY INFRASTRUCTURE SERVING THE STAFF HAS DETERMINED THAT THE ELECTRICAL METER AND BREAKER ARE APPROPRIATELY CLASSIFIED AS MECHANICAL EQUIPMENT FOR THE PURPOSE OF APPLYING OUR CODE 24151 AND REQUIRES A FIVE-FOOT SETBACK.
AGAIN, THE APPLICANT IS HERE TO APPEAL THAT ADMINISTRATIVE INTERPRETATION OF THE CODE, AND THIS IS JUST AN EXAMPLE.
THIS IS A PHOTO SHOWING THE FLOODPLAIN.
A PORTION OF THEIR PROPERTY CLOSER TO THE REAR OF THEIR YARD IS IN THE FLOODPLAIN.
HOWEVER, THEIR PROPOSED MECHANICAL EQUIPMENT IS NOT.
THIS IS THE APPROXIMATE LOCATION OF THE MECHANICAL EQUIPMENT, THE RED CIRCLE ON THE SCREEN.
AGAIN, IT'S CLOSER TO JASMINE STREET SIDE.
I ALREADY MENTIONED THEIR APPEAL.
THEY WOULD LIKE IT NOT TO BE CONSIDERED MECHANICAL EQUIPMENT, AND WE ARE CONSIDERING IT BASED ON THE 24-151.
THERE'S TWO DECISIONS THAT YOU CAN MAKE.
EITHER ONE OF THE DECISIONS YOU CAN MAKE TONIGHT, IT'S KIND OF A REVERSAL.
IF YOU APPROVE THE APPEAL, YOU WOULD DETERMINE THAT THE INSTALLATION IS NOT SUBJECT TO THE FIVE-FOOT SIDE YARD SETBACK REQUIREMENT APPLICABLE TO MECHANICAL EQUIPMENT.
IF YOU DENY THE APPEAL, YOU WOULD UPHOLD STAFF'S DETERMINATION THAT THE INSTALLATION IS SUBJECT TO THE REQUIRED FIVE-FOOT SETBACK.
ANY QUESTIONS? IF NOT, A MOTION.
THERE'S A MOTION AND SECOND DISCUSSION.
I THINK IT WAS MENTIONED THAT THERE'S NOBODY HERE, BUT I WOULD JUST GO AHEAD AND OPEN.
IS THERE ANYBODY WISHING TO SPEAK ON THIS MATTER? HEARING NONE, THE...
ALL IN FAVOR, SIGNIFY WITH AYE.
WE'RE GOING TO GO ALL THE WAY NOW TO 10B. CONSIDER CANCELLATION OF THE JULY 27, 2026 REGULAR MEETING.
RECOMMENDED MOTION IS TO CANCEL IT.
NOW, THIS IS JUST FOR THIS YEAR.
WAS IT THE INTENT TO CANCEL THIS ON A GO-FORWARD BASIS EVERY JULY 2ND MEETING? I'LL ADDRESS THAT IN A SECOND.
HISTORICALLY, THE MID TO LATE SUMMER MONTHS IS PEAK VACATION TIME FOR RESIDENT STAFF AND COMMISSION MEMBERS.
AT THE SAME TIME, THE CITY IS ENGAGED IN A HEAVY SUMMER SCHEDULE DEDICATED TO BUDGET WORKSHOPS. THIS YEAR, WORKSHOPS JUNE 29TH, JULY 21ST, AND AUGUST 20TH. ALONG WITH A JULY 18 TOWN HALL MEETING, THE COMMISSION IS BEING ASKED BY STAFF TO CONSIDER CANCELING ITS 2ND, REGULAR MEETING OF JULY.
THIS CANCELLATION ALIGNS WITH THE STANDARD MUNICIPAL SCHEDULING ADJUSTMENTS DURING PEAK SUMMER VACATION SEASON.
APPROVAL OF THIS CANCELLATION WILL ALSO SERVE AS A PILOT FOR FORTHCOMING FORMAL PROPOSAL TO PERMANENTLY TRANSITION TO A SINGULAR. SINGLE REGULAR COMMISSION MEETING EACH JULY MIRRORING YOUR ESTABLISHED DECEMBER SCHEDULE, ALONG WITH ADJUSTING POTENTIALLY THE TOWN HALL SCHEDULE TO THREE MEETINGS PER YEAR.
OKAY. I'LL ENTERTAIN A MOTION.
I STRONGLY RECOMMEND THAT WE CANCEL THE JULY 27, 2026 COMMITTEE. YOU DIDN'T EVEN FINISH. YOU GOT A SECOND.
YEAH. YEAH. WELL, SOMETHING INAPPROPRIATE HERE, BUT OKAY, WE'VE GOT A MOTION AND A SECOND
[02:50:01]
DISCUSSION. I'VE ALREADY SCRATCHED IT OUT OF MY CALENDAR. HEARING NONE, ALL IN FAVOR SIGNIFY WITH AYE. AYE. OPPOSED? THAT'S DEFINITELY A UNANIMOUS VOTE.IT'S A STRONG VOTE. OKAY. I WANT TO HEAR FROM OUR CITY ATTORNEY. YOU'VE BEEN WAITING FOR THREE HOURS
[12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER ]
TO SPEAK. GO AHEAD. THERE'S SUCH MOMENTUM RIGHT NOW THAT I HAVE NOTHING TO REPORT. JUST KEEP ON GOING. ALL RIGHT. CITY CLERK? OKAY, GOOD.COMMISSIONER BOHL? YEAH, I WILL BE VERY SHORT. THAT WAS A LANDMARK. PASSING TO THE TREE ORDINANCE. IT WAS.
WE'LL CALL THE TREE ORDINANCE TONIGHT. AND THE ONLY REASON I MENTIONED, AND I'M HOLDING THIS UP, I'M SURE KEVIN AND HIS TEAM ARE GOING TO GO AND CUT THROUGH THAT. AND THEY'RE GOING TO COME BACK VERY SHORTLY, NOW THAT WE'VE GOT AN EXTRA WEEK, AND COME BACK AND TELL US THE HOLES IN THIS THAT WE NEED TO FIX.
BUT I THINK AS A FRAMEWORK, AND I'VE BEEN HERE FOR SIX YEARS, AND I HAVEN'T SEEN ANYTHING LIKE THIS. SO I APPRECIATE THE HARD WORK THAT WENT INTO THAT. THANK YOU. THEY'RE ALL GOING TO THE MOUNTAINS.
COMMISSIONER GRANT? YEAH, DITTO WHAT COMMISSIONER BULL SAID. I WOULD LIKE TO SEE US, YOU KNOW, CLEAN UP AS FAST AS POSSIBLE NEXT MEETING, WHICH IS, WHAT, FOUR OR FIVE WEEKS OUT. SO LET'S JUST BUTTON IT UP.
BECAUSE TOO MANY TIMES WE'VE HAD SECOND READINGS THAT WERE, YOU KNOW, KIND OF WONKY, AND, YOU KNOW, WE PASSED ON THEM TO REFINE THEM. I GET THE SENSITIVITY OF THIS PARTICULAR ORDINANCE TO GO AHEAD AND PASS IT, AND THAT'S FINE, BUT LET'S CLEAN IT UP. YEP.
COMMISSIONER RING? SEE YOU ON SATURDAY MORNING FOR THE TOWN HALL, AND THEN EVERYBODY ENJOY YOUR EXTRA WEEKS OFF. COMMISSIONER...I'M SORRY, MR. HOGENTAMP. THANK YOU. AND ADDRESSING THE COMMISSIONER'S COMMENTS, INDEED, THIS DID SERVE AS AN EXPEDITED, IMMEDIATE VEHICLE TO PROTECT OUR MOST VULNERABLE.
CANOPY, MORE COMPLEX STRUCTURAL ADJUSTMENTS TO THE CODE ARE ON THE HORIZON. WE'VE BEGUN THAT DISCUSSION ALREADY, AND SO WE'LL CONTINUE IT AT OUR NEXT MEETING AS I THINK I HEAR YOU DIRECTING ME TO DO SO.
YES, SIR. THANKS. OKAY. I HAVE TO SAY IT, JUST FOR THE RECORD, IS STAY REALLY FOCUSED ON THE TIMELINE. WE SHORTEN THE TIMELINE BY REMOVING THE AUTOMATIC TO GO TO COMMISSION BUT IT CONCERNS ME THAT WE'RE GOING TO EVERY APPLICANT ESPECIALLY THOSE INITIALLY ARE NOT GOING TO KNOW THIS HAPPENED AND THEN THEY'RE GOING TO FIND OUT AND THEY'RE GOING TO BURN UP A FEW WEEKS GOING THROUGH THE NORMAL PROCESS THEN THEY'RE GOING TO START TO FIGURE IT OUT AND THEY'RE GOING TO APPEAL THEY'RE GOING TO END UP IN AN APPEAL AND THAT'S GOING TO ADD TIME SO IF WE FIND THAT WE'RE TAKING FOUR OR FIVE OR SIX MONTHS TO ISSUE A PERMIT THERE'S SOMETHING WRONG HERE AND AND I THINK THAT'S LIKELY TO HAPPEN BUT ANYWAYS UM IT'S MILLER TIME THIS MEETING IS ADJOURNED
* This transcript was compiled from uncorrected Closed Captioning.