There will be a regular meeting of the City Commission on August 15 at 6.m. The agenda is as follows:
AGENDA
FERNANDINA BEACH CITY COMMISSION REGULAR MEETING
AUGUST 15, 2023
6:00 PM
CITY HALL COMMISSION CHAMBERS
204 ASH STREET
FERNANDINA BEACH, FL 32034
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE / INVOCATION
Invocation by: Pastor Tiffany Gulama, Prince Chapel AME Church
4. PROCLAMATION / PRESENTATION
4.1 PROCLAMATION – PUBLIC WORKS DEPARTMENT– Recognizing the Public Works
Department for their outstanding dedication and exemplary work in providing critical City services for the past 135 years. Public Works employees will be in attendance to accept.
4.2 BUDGET SUMMARY – Comptroller Pauline Testagrose will answer any questions regarding the budget summary for July 2023.
5. CONSENT AGENDA
5.1 BEACH RENOURISHMENT – CITY EXPRESSION OF SUPPORT – RESOLUTION 2023-136
DEMONSTRATING CONTINUING SUPPORT FOR THE NASSAU COUNTY SHORE
PROTECTION PROJECT SECOND RENOURISHMENT, AGREEING TO CONTINUE SERVING
AS THE LOCAL SPONSOR OF THE PROJECT, COMMITTING TO PROVIDE THE PROJECT’S
LOCAL COST SHARE; AUTHORIZING EXECUTION, AND PROVIDING FOR AN EFFECTIVE
DATE. Synopsis: Provides the Resolution of Beach Renourishment project support required by the Florida Department of Environmental Protection, Local Government Funding Request for Beach Renourishment in FY 2024/2025.
5.2 VOLUNTARY ANNEXATION AGREEMENT – 838 OAK LANE – RESOLUTION 2023-137
APPROVING THE EXTENSION OF WATER SERVICES OUTSIDE THE CORPORATE LIMITS;
ACCEPTING THE VOLUNTARY ANNEXATION PETITION FOR ONE PARCEL CONTAINING
APPROXIMATELY 0.24 ACRES OF LAND LOCATED AT 838 OAK LANE; AUTHORIZING
EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Authorizes the extension of water services to the property owners identified whose property is located at 838 Oak Lane, Parcel Number: 00-00-30-0430-0078-0000, and also approves the Voluntary Annexation Petition.
6. RESOLUTIONS
6.1 CHANGE ORDERS 1 & 2 – C.C. BORDEN CONSTRUCTION, INC. & BUDGET
AMENDMENT – RESOLUTION 2023-138 APPROVING C.C. BORDEN CONSTRUCTION, INC.
CHANGE ORDERS 1 AND 2 FOR GOLF COURSE CLUBHOUSE CEILING RENOVATIONS;
APPROVING A BUDGET AMENDMENT FOR PROJECT #23054; AUTHORIZING EXECUTION;
AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Approves Change Orders 1 and 2 to C.C. Borden Construction, Inc. totaling $4,934.15 and approves budget transfer of $901 for Project #23054.
6.2 BOSQUE BELLO FENCING PROJECT – RESOLUTION 2023-139 APPROVING THE DESIGN
AND PROPOSAL FOR THE BOSQUE BELLO CEMETERY FENCING PROJECT FOR FISCAL
YEAR 2022/23; AUTHORIZING EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Synopsis: Approves the fencing design and proposal for the Bosque Bello Cemetery.
6.3 IMPACT FEE WITHHOLDING – JOSEPH J TAYLOR + DOROTHY A MARTIN (ET AL) –
RESOLUTION 2023-140 APPROVING WITHHOLDING THE COLLECTION OF CITY-
ASSESSED IMPACT FEES FOR JOSEPH J. TAYLOR AND DOROTHY A. MARTIN (ET AL) FOR
THE CONSTRUCTION OF ONE AFFORDABLE HOUSING ACCESSORY DWELLING UNIT
TOTALING 510 SQUARE FEET LOCATED AT 1915 BEECH STREET; AND PROVIDING FOR
AN EFFECTIVE DATE. Synopsis: Approves Joseph J. Taylor and Dorothy A. Martin (et al)’s
application to withhold/refund partial collection (90%) of City Impact Fees for Parks & Recreation, Public Facilities, Police and Fire, totaling $1,813.97 for the unit located at 1915 Beech Street.
6.4 BUDGET AMENDMENT – GOLF DEPARTMENT – RESOLUTION 2023-141 APPROVING AN
AMENDMENT TO THE GOLF DEPARTMENT’S BUDGET FOR FISCAL YEAR 2022 / 2023; AND
PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Approves an amendment to the budget for
FY2022 / 2023, transferring addtional funds to the Golf Course Operating Supplies account, 410 55200 for various operational needs.
6.5 GRANT APPLICATION – FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA – RESOLUTION 2023-142 APPROVING GRANT APPLICATION TO
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) RESILIENT FLORIDA
PLANNING GRANT TO CREATE AN ADAPTATION PLAN; AUTHORIZING EXECUTION; AND
PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Authorizes application to the FDEP Resilient Florida Grant Program in Fiscal Year 2023/2024.
7. ORDINANCE – FIRST READING
7.1 MASTER FEE SCHEDULE – ORDINANCE 2023-31 ESTABLISHING AND AMENDING FEES
FOR THE AIRPORT, BUILDING, BUSINESS SERVICES, CODE ENFORCEMENT, CEMETERY,
CITY CLERK’S OFFICE, CITY MANAGER’S OFFICE, FIRE, GOLF COURSE, MARINA, PARKS
AND RECREATION, PLANNING, POLICE, SANITATION, STORMWATER, STREETS,
WASTEWATER, WATER, AND IMPACT FEES, EXCLUDING WATER AND SEWER IMPACT
FEES, FOR FY 2023/2024; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. Synopsis: Approves the amended Master Fee Schedule consisting of the Airport, Building, Business Services, Code Enforcement, Cemetery, City Clerk’s Office, City Manager’s Office, Fire, Golf Course, Marina, Parks and Recreation, Planning, Police, Sanitation, Stormwater, Streets, Wastewater, Water, and Impact Fees, excluding Water and Wastewater Impact Fees, for Fiscal Year 2023/2024.
7.2 CAPACITY FEES – WATER & WASTEWATER – ORDINANCE 2023-32 AMENDING THE
CODE OF ORDINANCES CHAPTER TWO, ADMINISTRATION, ARTICLE VII, FINANCE,
DIVISION 4, BY REPLACING THE TERM “IMPACT FEE” WITH “CAPACITY FEE” IN THE
TITLE AND THROUGHOUT THIS ARTICLE; BY REPLACING LEGALESE TERM SUCH AS
“SHALL” BY PLAIN ENGLISH “MUST” OR “MAY” FOR REQUIREMENTS CONTAINED IN
CERTAIN SECTIONS OF THIS ARTICLE; BY SPECIFICALLY AMENDING SECTION 2-475
LEGISLATIVE FINDINGS TO STATE INTENT TO SATISFY DUAL RATIONAL NEXUS TEST;
AMENDING SECTION 2-476, DEFINITIONS, BY ADDING DEFINITION OF
INFRASTRUCTURE; AMENDING SECTION 2-477 TO REQUIRE PAYMENT OF CAPACITY FEE
UPON ISSUANCE OF A BUILDING PERMIT; REPEALING SECTION 2-481 BECAUSE IT IS
OBSOLETE AND RELATED TO REPAYMENT OF STATE OF FLORIDA GRANTS AND
MATCHES FOR GRANTS THAT ARE NO LONGER RELEVANT; AMENDING SECTION 2-482
BY ESTABLISHING A SEWER SYSTEM CAPACITY FEE BASED UPON RECENT AND
LOCALIZED DATA AND BASED ON EQUIVALENT RESIDENTIAL UNITS; BY CREATING
SECTION 2-483, PROVIDING FOR A SANITARY SEWER CAPACITY TRUST FUND, DEPOSIT
OF FEES, USE OF FUNDS; AND BY AMENDING DIVISION 7, WATER CAPACITY FEE AND
TRUST FUND BY AMENDING SECTION 2-540 PROVIDING FOR LEGISLATIVE FINDINGS;
AMENDING SECTION 2-542 BY ESTABLISHING A WATER SYSTEM CAPACITY FEE BASED
UPON RECENT AND LOCALIZED DATA AND BASED ON EQUIVALENT RESIDENTIAL
UNITS; AMENDING SECTION 2-544 BY ADDING DEFINITION OF INFRASTRUCTURE;
AMENDING SECTION 2-547 BY CLARIFYING FINANCIAL HARDSHIP; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Approves an increase
in the capacity fees for water and wastewaste services in accordance with the study completed by the Florida Rural Water Association.
8. ORDINANCE – SECOND READING
8.1 CODE AMENDMENT – UTILITIES FEES – ORDINANCE 2023-27 AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 82, UTILITIES, BY AMENDING ARTICLE II,
WASTEWATER SYSTEM, SECTION 160, USE CHARGES AND ARTICLE III, WATER SYSTEM,
SECTION 407, USE CHARGES TO REMOVE THE RATE TABLES AND PROVIDE THAT FEES
ARE SET ANNUALLY BY THE CITY COMMISSION VIA ORDINANCE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Removes the rate
schedules for wastewater and water fees from the municipal code that are included in the master fee schedule as set by the City Commission.
8.2 CODE AMENDMENT – FATS, OILS, AND GREASE (FOG) PROGRAM – ORDINANCE 2023-
28 AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 82, UTILITIES, BY
AMENDING ARTICLE II, WASTEWATER SYSTEM, TO CREATE A NEW DIVISION SIX
TITLED FATS, OILS, AND GREASE (FOG) PROGRAM; CREATING SECTION 82-145 PURPOSE
AND INTENT; CREATING SECTION 82-146 DEFINITIONS; CREATING SECTION 82-147
APPLICABILITY; CREATING SECTION 82-148 GENERAL REQUIREMENTS; CREATING
SECTION 82-149 ADMINISTRATIVE ENFORCEMENT AND ABATEMENT; RENUMBERING
THE FOLLOWING DIVISIONS WITHIN THE ARTICLE; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Creates a Fats, Oils, and Grease (FOG) Program to address operational problems caused by excess grease in the City’s wastewater system.
8.3 FUTURE LAND USE MAP CHANGE FOR WATERFRONT LOTS – ORDINANCE 2023-29
ASSIGNING A FUTURE LAND USE MAP CATEGORY OF RECREATION (REC) FOR
WATERFRONT LOTS 31-34, “LOT D”, LOCATED ON SOUTH FRONT STREET, TOTALING
APPROXIMATELY 3.65 ACRES OF LAND; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. Synopsis: Request for Change to Future Land Use Map and Zoning Map from Industrial Waterfront (I-W) to Recreation (REC) for 3.65 acres of City-owned land.
8.4 ZONING MAP CHANGE FOR WATERFRONT LOT – ORDINANCE 2023-30 ASSIGNING A
ZONING CATEGORY OF RECREATION (REC) FOR WATERFRONT LOTS 31-34, “LOT D”,
LOCATED ON SOUTH FRONT STREET; TOTALING APPROXIMATELY 3.65 ACRES OF LAND;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis:
Request for Change to Zoning Map from Industrial Waterfront (I-W) to Recreation (REC) for 3.65 acres of City-owned land.
9. BOARD APPOINTMENTS
9.1 BOARD OF ADJUSTMENT – One appointment and one reappointment.
9.2 CODE ENFORCEMENT AND APPEALS BOARD – One appointment.
10. PUBLIC COMMENT REGARDING ITEMS NOT ON THE AGENDA
11. CITY MANAGER REPORTS
12. CITY ATTORNEY REPORTS
13. CITY CLERK REPORTS
14. MAYOR/COMMISSIONER COMMENTS
15. ADJOURNMENT
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• A THREE (3) MINUTE TIME LIMIT MAY BE IMPOSED FOR ALL SPEAKERS (EXCEPT IN A QUASI-JUDICIAL
HEARING). A “REQUEST TO SPEAK” FORM IS AVAILABLE ON THE COUNTER AT THE ENTRANCE TO THE
COMMISSION CHAMBERS. THE FORM SHOULD BE GIVEN TO THE CITY CLERK UPON COMPLETION.
• THE MAYOR WILL DETERMINE THE ORDER OF THE SPEAKERS AND MAY IMPOSE MORE RESTRICTIVE TIME
LIMITS.
• ONE PERSON WILL SPEAK AT A TIME AND ADDRESS COMMENTS TO THE MAYOR, NOT INDIVIDUAL CITY
COMMISSION MEMBERS.
• THE CITY COMMISSION MAY ASK QUESTIONS OF SPEAKERS WHO WILL HAVE ONE MINUTE TO RESPOND.
ADDITIONAL TIME MAY BE GRANTED AT THE DISCRETION OF THE MAYOR OR BY A MOTION BY THE CITY
COMMISSION.
• SPEAKERS MAY FILE COPIES OF THEIR REMARKS WITH THE CITY CLERK WHO WILL MAKE THEM AVAILABLE
TO THE COMMISSION.
• MULTI-MEDIA PRESENTATIONS MUST BE SUBMITTED TO THE CITY CLERK NO LATER THAN THE FRIDAY
BEFORE THE MEETING.
• FERNANDINA BEACH CITIZENS WILL SPEAK BEFORE NONRESIDENTS AND SPEAKERS WILL LIMIT REMARKS
TO THE SPECIFIC SUBJECT MATTER.
• DISCUSSION – DIRECTION – ACTIONS ITEMS MAY BE ACTED UPON BY THE CITY COMMISSION BY EITHER A
MOTION AND VOTE IN ACCORDANCE WITH ROBERTS RULES OF ORDER, OR BY A CONSENSUS OF THE CITY
COMMISSION.
• PURSUANT TO RESOLUTION 95-32, IF AN ITEM IS NOT ON THE AGENDA IT REQUIRES A FOUR-FIFTHS VOTE OF
THE CITY COMMISSION DECLARING THE ITEM AN EMERGENCY BEFORE ACTION CAN BE TAKEN.
• QUASI-JUDICIAL – DENOTES THAT THE ITEM MUST BE CONDUCTED AS A QUASI-JUDICIAL HEARING IN
ACCORDANCE WITH CITY COMMISSION ESTABLISHED PROCEDURE AND FLORIDA STATUTES. ANY PERSON
WISHING TO APPEAL ANY QUASI-JUDICIAL DECISION MADE BY THE COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND,
FOR SUCH PURPOSES, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS MADE.
• AT THE DISCRETION OF THE MAYOR, A RECESS MAY BE SCHEDULED EVERY NINETY MINUTES.
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Persons with disabilities requiring accommodations in order to participate should contact the City Clerk at (904) 310-3115 or TTY/TDD 711 (for the
hearing or speech impaired).
