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01-23-06MINUTES REGULAR CITY COMMISSION MEETING January 23, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Mayor Wolfson, was followed by the Pledge of Allegiance to the Flag. Mayor Wolfson wished City Attorney Alan Jensen a happy birthday. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on January 9, 2006. Commissioner Borno mentioned two scrivener's errors which he had already brought to attention of the City Clerk. On page one, the first sentence should read "Mayor Wolfson called the meeting to order...", rather than Mayor Meserve. On page five, the sentence in item 7A, first paragraph, should read: "... Mayor Wolfson explained that there has been a request from staff to delay action on this item" rather than that the request was for staff. Mayor Wolfson noted that, on page 16, the suggestion to approach Ms. Elsie Thomas about volunteering for the City came from Mr. Stephen Kuti, not from Commissioner Fletcher, as written. Motion: Approve the minutes of the Regular Commission Meeting on January 9, 2006, as amended. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Jon Jones, 2280 Shepard Street, Jacksonville Florida, agreed to save his comments for the public hearing on Item 8A. January 23, 2006 REGULAR COMMISSION MEETING Paee 2 Curt Sanders, 2320 Barefoot Trace, brought up a recent incident which occurred on January 13, 2006, and involved a pit bull attacking a woman on Belvedere Street. He compared this to a similar incident that occurred in Oceanwalk in July 2004 but was not settled until December 2005. He encouraged the Commission to approve the changes and corrections to the City's ordinance that will come before them as recommendations from the City Attorney. Mr. Sanders handed out a newspaper editorial regarding the evolution of Atlantic Beach and stated his support for the comments written. Michael Hoffman, 176 Camelia Street, commended the Commission for the conservative approach they took in approaching the Tideviews Park security question. He urged the Commission to consult with the urban forester from the City of Jacksonville for assistance in renourishing the City lots bounded by West ls` Street and Atlantic Boulevard. He asked that the City create a better visual buffer at the end of Begonia Street. Mr. Hoffman discussed the Mayport Waterfront Partnership and its Mayport Road Development subcommittee. He noted the current lack of any Atlantic Beach elected officials on the subcommittee and believed it inappropriate to have a group of unelected people making decisions regarding Mayport Road. He suggested that the meetings for Mayport Road decisions be separated from the Mayport Waterfront Committee meetings and that the meetings take place in Atlantic Beach in the evenings so that the general public could attend more easily. He expressed concern with the committee going forward with Former Mayor Meserve's plans for creating a veteran's memorial park at the flyover area. Pat Pillmore, 995 Camelia Street, advised that politically-charged issues be sent to a committee or to the Community Development Board for recommendations to the Commission. She also discussed the Winter and Company study results and the influences that development and marketing has on society. She expressed the need for more creative thinking in regards to those issues. Barbara Evans, 221 Orange Street, Neptune Beach, introduced herself as the executive director of the Atlantic Beach Experimental Theater (ABET). She asked the Commission to consider amulti-year, long term contract for their organization. She cordially invited each commissioner to attend an ABET production as her guest. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report None. January 23, 2006 REGULAR COMMISSION MEETING Paae 3 Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Building Department Report, Financial Report and Utility Sales for December (City Manager) B. Extend Contract for one year at current prices with Florida Pipe Tech for Stormwater Jetting, Cleaning & Televising for the Public Works Department (City Manager) C. Award the Annual Contract for Polymer for Wastewater Treatment Plants to Leachem Industries, Inc. at the bid price of $1.36/pound (Bid No. 0506-2) (City Manager) D. Authorize the City Manager to sign a contract with the Tennis Instructor, Brecht Catalan, for use of the tennis courts, Atlantic Beach Experimental Theater (ABET) for use of Adele Grage Cultural Center and Atlantic Beach Athletic Association (ABAA) for use of Russell Park baseball fields and concession stand (City Manager) E. Extend Contract for one year at current prices with Tom's Asphalt Repairs, Inc. for Asphalt Repairs for the Public Works/Utilities Department (City Manager) Mayor Wolfson requested that Item 4D be pulled for discussion and Commissioner Borno asked that Item 4C be pulled for comments. Motion: Approve Consent Agenda Items A, B, and E as presented. Moved by Waters, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Borno commended City staff on the manner in which Item 4C was presented to the Commission. Motion: Accept Consent Agenda Item 4C as submitted. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson stated his concern with the Atlantic Beach Athletic Association contract presented in Item 4D. He requested that Item 4 of the contract, referring to the Exclusive Use Dates and Times, be modified so that instead of reading "... (and other times as requested)", it would state more specifically, "...and other times as requested and approved by staff for purposes as relating to baseball, softball, and tee ball programs." anuary 23, 2006 REGULAR COMMISSION MEETING Paee 4 Motion: To amend the Atlantic Beach Athletic Association contract in Consent Agenda Item 4D to read as stated above. Moved by Wolfson, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Borno discussed the insurance coverage presented for the contracts in Item 4D. He indicated the need to receive a certificate for the insurance covering the contract with the tennis instructor and also the need for the City to be additionally insured for this contract. He also pointed out that the other two liability insurance certificates presented are due to expire soon and noted the need for the City to ensure that they are renewed appropriately. Commissioner Borno inquired about the lack of an audit from the tennis instructor. Timmy Johnson, Parks and Recreation Director, explained that the tennis instructor was recommended by the City's previous instructor but this is his first contract and therefore there is no financial statement for him to submit. Motion: Accept and authorize the City Manager to sign the contracts in Consent Agenda Item 4D as amended. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO: 06-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2006 LEGISLATIVE SESSION Commissioner Simmons noted that the additional information regarding the issues in the resolution were very helpful in her decision on this item. Motion: To approve Resolution No. 06-01 as presented. January 23, 2006 REGULAR COMMISSION MEETING Paee 5 Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 5-06-45, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only. Commissioner Borno thanked the staff for their input on this item and believed the CPI-U is a good indicator to use in calculating the pay raises. Commissioner Waters again questioned the way the Mayor's salary is calculated as compared to the Commissioners'. He stated that they are all Commissioners and thus should receive the same base pay, with the Mayor receiving a differential of $4000 for his additional duties. He suggested that the salary base and raises for the Mayor be calculated the same as the other Commissioners and then the $4000 differential be added to that for the Mayor's salary. The Mayor inquired where the $10,000 and $6,000 base salary figures are established and structured. Discussion ensued regarding the origination and intention of the base salary figures. It was agreed that there was no documentation supporting that the Mayor's salary was to be calculated by adding a differential to the same base salary of the Commissioners. The Commission discussed the salary increases further and the City Manager provided further background information and clarification on the subject. Motion: To approve Ordinance No. 5-06-45 as presented on first reading. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 20-06-74, Final Reading and Public Hearing AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 January 23, 2006 REGULAR COMMISSION MEETING Page 6 The Mayor read the ordinance by its title and opened the floor to a public hearing. There were no comments from the public. The Mayor closed the public hearing and brought the item before the Commission for discussion. Commissioner Fletcher brought up concerns expressed from Oceanwalk residents relating to opening up the east side of Hanna Park in order to allow the proposed bikeway to connect with Seminole Road. He discussed the public input which had been received previously on this issue. Commissioner Waters apologized for the confusion and reported that the bikeway project was discussed during the previous Commission's strategic planning sessions and was never approved or implemented by that Commission as a complete plan. He indicated that the City intended for the bike path on Seminole Road to stop at the north end of the road and they did not endorse opening up Hanna Park for its continuation from there. Commissioner Borno further clarified that the previous Commission used the project as a means to assist with prioritizing the various paths desired throughout the City. He believed the current Commission should follow that lead. Commissioner Simmons expressed a need for the current Commission to understand the plan and prioritization presented by the previous Commission. She indicated that parts of the plan may no longer be appropriate due to the increase in construction costs and the changes in usage in those areas. She strongly suggested that the new Commission review the plan and its background before making a budget decision regarding it. Discussion ensued and the City Manager provided pertinent details to assist in clarifying the issue for the Commission. Mayor Wolfson reiterated that this item before them has no impact on opening up Hanna Park for the ped paths. Motion: To approve Ordinance No. 20-06-74 on final reading. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request from DRMP, Inc. on behalf of Dunkin Brands, Inc. for a Waiver from Section 24-111 (b) of the Land Development January 23, 2006 REGULAR COMMISSION MEETING Paee 7 Regulations (the Commercial General District regulations) to allow a Permitted Use (a Dunkin' Donuts restaurant) to have late hours of operation for a site to be redeveloped at the northwest corner of Sailfish Drive and Atlantic Boulevard. Also included is a request for aUse-by-Exception to allow adrive- through service (City Manager) The Mayor opened the floor for a public hearing and asked Mr. Jon Jones to come forward and address the Commission on this issue at this time. Jon Jones, 2280 Shepard Street, Jacksonville, stated he works for Dunkin' Brands, Inc. and was present at the meeting to answer any questions from the Commission regarding the business' late night operations or the drive-through service. He noted that representatives from the company's engineering firm were also available to provide any necessary information. There were no other public comments and the Mayor closed the public hearing. Sonya Doerr, Director of Planning and Zoning, noted that this item was comprised of two requests, one for a waiver in order to operate late-night hours and the other for a Use by Exception to allow a drive through service. She further explained that waiver requests come directly to the Commission and that the Use-By-Exception was referred to the Commission with a recommendation for approval from the Community Development Board. Mayor Wolfson asked if the Commission received the Community Development Board's recommendation in writing. Ms. Doerr explained that the item came before the Community Development Board at their meeting the night before the agenda packets were delivered to the Commissioners. Thus, she stated, the Community Development Board's recommendation was sent separately to the Commissioners the day after they received their agendas. Mayor Wolfson inquired into the review process of the business' signage, lighting, and landscaping. Ms. Doerr responded that the signage and lighting would be required to comply with the City's regulations for those items. Motion: To approve a Waiver from Section 24-111(b) of the Land Development Regulations to allow a Dunkin' Donuts restaurant to have 24-hour business operations for a site to be redeveloped at the northwest corner of Sailfish Drive and Atlantic Boulevard, finding that the requested waiver conforms to the intent and spirit of the Land Development Regulations AND to approve a Use by Exception to allow a permitted use, Dunkin' Donuts, to have a drive through service with lanes dedicated solely to drive-through business at same site. anuary 23, 2006 REGULAR COMMISSION MEETING Paee 8 Commissioner Borno expressed initial concern with the late hours and the isolation of the business potentially causing security problems. However, he noted there were other late-night operations in close proximity to this location and thus he supported the request as submitted. Commissioner Simmons reported that she attended the Community Development Board meeting during which this item was reviewed. She asked Chief David Thompson, Director of Public Safety, for information regarding the accident rates and traffic patterns at that intersection. Chief Thompson provided some data on the traffic in that area and acknowledged that they could not predict what changes would result from an increase in traffic at that site. He noted that they would monitor the situation and make adjustments or changes as necessary. Commissioner Waters asked if the owner intended this business to be a commercial venture for shipping their products to other areas. Ms. Danielle Mayoros, Planning Director of DRMP, Inc., 3611-14 St. Johns Bluff Rd Jacksonville, responded on behalf of Dunkin Brands, Inc., that the business would not be a distribution center and would operate as a local coffee/donut shop for on-site consumption of their goods. Commissioner Fletcher asked Chief Thompson for information regarding crime around 24-hour businesses. Chief Thompson responded and discussed the various ways to minimize the amount of criminal activity at these types of locations. At the request of Commissioner Fletcher, Ms. Doerr confirmed that the Community Development Board's recommendation for approval was unanimous. Commissioner Fletcher asked for statistics and data regarding the traffic pattern associated with the business. On behalf of Dunkin' Brands, Inc., Karen Rafferty and Jon Jones responded to his inquiries, providing information on the average number of customers and the peak times for business. Mayor Wolfson inquired how this proposed store would compare to the footprint of the Dunkin' Donuts located at Beach Boulevard and Highway 9A. Mr. Jones explained that the other building is older and the operation there does not include producing the donuts. Mayor Wolfson expressed his concern with the proposed business being a 360-degree site that may have some unsightly areas to it that would be unattractive as seen from all angles around it. Ms. Rafferty responded that the proposed building is a prototype of the 360-degree style and is comprised of different architectural approaches and quality standards which present an improvement in its physical appearance and site maintenance. Commissioner Waters commented on the proposed entrance and exits for the business. January 23, 2006 REGULAR COMMISSION MEETING Paae 9 Commissioner Borno discussed the number of parking spaces, the number of seats available inside, and the traffic flow of the single-window drive- through service. Moved by Borno, seconded by Simmons Votes: Aye: 4 -Borno, Simmons, Waters, Wolfson Nay: 1-Fletcher MOTION CARRIED B. Request from City of St. Augustine for Resolution of Support for state funding for historic properties (City Manager) City Manager Hanson reported that they received this request for the Commission to adopt a resolution in support of St. Augustine's request for state funds to help them maintain historic structures within their city. He advised that, at the direction of the Commission, staff can prepare a resolution for consideration at the next Commission meeting. Motion: To direct staff to prepare a formal resolution supporting maintaining St. Augustine's heritage program. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Letter from Mel Martinez dated November 18, 2005 (Mayor Pro Tem Waters) Commissioner Waters reiterated the concerns the City has regarding the Broadband Investment and Consumer Choice Act. He indicated that the legislature could result in the City losing revenue and losing control over its own right-of-way properties. He stated that the letter received from Senator Mel Martinez was unacceptable as a response to City Manager Hanson's letter addressing the City's concerns with the bill. Commissioner Waters recommended that the Commission, as the elected officials of the City, send a letter to the Senator reiterating their stance on the issue and expressing their displeasure with the lack of consideration or attention given to the City Manager's letter. Mayor Wolfson asked the City Manager how the bill would impact the community if passed. City Manager Hanson discussed the bill's potential tremendous impact of severely reducing the amount of franchise fees received by the City, and thus possibly increasing property taxes. He also January 23, 2006 REGULAR COMMISSION MEETING PaEe 10 noted that, if the bill was passed, the City would no longer be able to broker with cable companies to maintain a standard level of customer service. The Mayor asked if the City Manager has received any response from the Florida League of Cities. City Manager Hanson noted that the FLC had initially urged the cities to send the letter. The City Manager agreed with Commissioner Water's opinion regarding the response received from Senator Martinez. He believed that perhaps elected officials respond better to communications from other elected officials rather than from staff. Both Commissioner Borno and Commissioner Simmons concurred with the belief that Senator Martinez's response was a standard form letter and not a personal response to their concerns. The Mayor recommended that the Commission send a letter to the senators, representatives, and copy all the mayors in Duval County as well. Commissioner Borno concurred and also suggested sending a copy to the Florida League of Cities and the National League of Cities in order to generate more support. It was the consensus of the Commission to ask staff to draft a letter from all the Commissioners and bring it back at the next meeting. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported on the following issues: Strategic Planning Workshops He announced that a third Strategic Planning workshop was scheduled for February 15th, 5:00-9:00 p.m. He noted that the City has a lengthy list of topics to prioritize. He reminded the Commission that the first two Strategic Planning workshops were set for February 1St and 2nd Community Character Workshops He reminded the Commission that they had authorized him to sign off on the Community Character project contract with Winter and Company. He announced that scope of the project was finalized after the agenda packets were sent and thus were emailed to the Commissioners and distributed at their seats tonight. This document is attached and made part of this official record as Attachment A. He asked the Commission if they would like for him to proceed with signing the contract. ,Ianuary 23, 2006 REGULAR COMMISSION MEETING Paee 11 Commissioner Simmons clarified the number of times the consultant will visit the City. She expressed great satisfaction that all of the meetings have been scheduled and that the process is continuing to move forward. It was the consensus of the Commission that the City Manager proceed with executing the contract with Winter and Company. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney City Attorney Jensen • Requested a shade meeting to discuss the two lawsuits filed against the City by Ms. Lindley Tolbert. He announced that the following morning, he and the City Manager will discuss a date for the shade meeting and will contact the Commission. He would like to schedule the meeting as soon as possible, preferably next week. • Noted that he was asked to look into the procedure for establishing campaign contribution limits for the city's municipal elections. He referred the Commission to a copy he provided of the Florida Attorney General's opinion on the matter. This document is attached and made part of this official record as Attachment B. He explained that state law has established contribution limits per individual and corporation and preempts the municipalities from enacting any separate legislation on the issue. Commissioner Waters did not believe the state law worked in favor of municipal needs and noted that municipalities ought to be able to regulate municipal elections. He inquired about the procedure for changing those laws and asked that the City Attorney directly contact the Attorney General for his advice on the issue. He mentioned approaching Senator King at the beaches cities' meeting in May. The Mayor suggested that a visit to Tallahassee would also provide a good opportunity for a discussion with elected officials on the matter. Commissioner Simmons • Reported that she attended the most recent Community Development Board meeting and noted there were a number of vocal citizens present expressing opposition to issues. She stated that she does not accept money or endorsements from special interest groups, but in her contact with a number of groups last week, she remarked that there are many people in the community who believe the Commission is moving in the right direction with their actions. January 23, 2006 REGULAR COMMISSION MEETING Paee 12 Mayor Wolfson • Announced that a citizen's volunteer group has approached him with a request to use private funds to purchase and donate a clock to the City for the Five Points intersection. He asked the Commission for their reaction to this request. Commissioner Simmons reiterated her belief that installing a clock at that intersection could create a safety problem with traffic. Mayor Wolfson stated he is opposed to utilizing public funds for this purchase but will ask the citizen group if they would like to present their idea to the Commission. • Expressed great concern with City of Jacksonville Resolution #2006-117 being proposed by City Councilor Alvarez. He described the contents of the resolution as very alarming and noted the need to address it carefully. Mayor Wolfson expressed disappointment with the manner in which City Councilor Alvarez approached this and disagreed with the statement from Jacksonville's Attorney General that the interlocal agreement among the county and the three beach cities has no expiration date and could be cancelled at any time. Mayor Wolfson reported that he has had discussions with Mayor Brown and Mayor Sharp regarding this issue. He stated that the mayors of the three beach cities are drafting a response letter and will be meeting with Jacksonville Mayor Peyton this week. Mayor Wolfson asked City Attorney Jensen to advise the Commission on how they should proceed. City Attorney Jensen announced that he spoke with Jacksonville's Attorney, Steve Rohan, last week and asked that Attorney Rohan provide the law supporting his statement regarding cancellation of the agreement. City Attorney Jensen believed that the interlocal agreement remains in effect until a new agreement is accepted. He noted that Attorney Rohan indicated that the City of Jacksonville wanted to review the agreement and receive information and feedback regarding any changes that have occurred over the last ten years. City Attorney Jensen recommended that the City follow the issue and stay informed with the City of Jacksonville's intentions, while maintaining a united front with the other beach cities. Mayor Wolfson believed it would be in the City's best interest to continue this interlocal agreement. However, he indicated that if it was pursued, there were areas of the agreement that the City of Atlantic Beach could consider changing to its advantage. He discussed looking at the amount of property taxes contributed to the county by the beaches and the possibility of annexing property that is currently under jurisdiction of the City of Jacksonville. He indicated this could be an opportunity to assist other citizens by bringing them into Atlantic Beach, as some of them have requested. lanuary 23, 2006 REGULAR COMMISSION MEETING Paae 13 Commissioner Waters suggested that if the agreement was renegotiated, the City should also re-examine the costs paid to the county for providing Atlantic Beach with fire and rescue services. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:17 p.m. ~~ ~(. ~ Donald M. Wolfson, Mayor/Presidi g Officer ATTEST: ~hm~ (~ Donna L. Bussey City Clerk ATTACHMENT A JANUARY 23, 2006 COMMISSION MTG Atlantic Beach, Florida Residential Design Standards Phase 2 Scope of Services for Winter & Company January 17, 2006 Baclcgrouud This srnpP of sen~ices is to assis± the City of A±lantic LReach ir. ~mplemen±ss the s~ategies set forth in the residential neighborhood character management strategy that was developed in 2005, with a focus on the Old Atlantic Beach area. In November 2005, a draft of the strategy was presented to the community and the City Commission. Comments were collected during those work sessions and have been incorporated into a final draft, which is to be delivered to the city in early January, 2006. That document will be presented before the Planning Board and the City Commission for acceptance as a starting point for crafting design standards that will be incorporated into the city's code. In addition,. the character management report calls for development of a separate design guidelines uocument that will supplement the design standards. This scope of work for Phase 2 services addresses those recommendations and would provide the city with documents that could be adopted as formal ordinances and associated guidelines. Consultant Team Winter & Company will serve as the prime consultant on this phase of the project. They will be assisted by Duncan Associates, who specialize in crafting the language for such codes. Lee Einsweiler will serve as the prime staff member from Duncan Associates. Winter & Company Scope Page 2 Tasks The scope of services has these two components: Part 1: Design Standards In this part, the Consultant will develop the code language for the standards related to site design, building mass and scale and floor area ratios. This will incorporate data from the character management report as the starting point. The Consultant will produce a first draft of the standards a?2d then TQVi£\~V' these ~*~ith comi.*n~:nlty rPl^.,.*eSPntatlVeS :n a C^M.^.:L2:2.t3' «,~~Jrlr.~l:Op. FO110S'.'1P.~^ that meeting, the Consultant will produce a second draft of the standards, and prepare for a second workshop. A second draft will then be produced. Final technical edits will follow in a third iteration, following recommendations from the Planning Board and City Commission. (Some supplementary modeling of the refined design standards will be produced, similar to that created in Phase 1 of this project.) Part 2 -Design Guidelines An illustrated set of design guidelines will be produced that will provide additional detail about compatible design in the older neighborhoods of Atlantic Beach. It will include photographs and sketches to demonstrate appropriate design solutions. The document will not exceed 30 pages in length. Project Steps The work will be executed in these steps: Step 1-Develop preliminary draft materials. (Deliver February 13, 3006) • Develop draft 1 of the design standards. • Develop outline of the design guidelines. Step 2 -Public discussion (Phase 2 Trip #1-February 28 -March 1, 2006) • Present drafts to City Commission • Present drafts to the community in an open house Step 3 -Develop second draft materials. (Deliver March 27, 2006) • Develop draft 2 of the design standards. • Develop draft 1 of the design guidelines. Step 4 -Public discussion (Additional service -extra trip) • Present draft 2 of the design standards. • Present draft 1 of the design guidelines. (No trip in base services for this phase) Step S -Final revisions (Deliver May 8, 2006) • Final technical edits of the design standards • Final technical edits of the design guidelines Step 6 -Final presentations (Phase 2 Trip #2 -Commission hearing May 22, 2006) • Final presentation of the design standards Winter & Company Scope Page 3 • Final presentation of the design guidelines (Two trips are budgeted for these Phase 2 services. Materials for each of the components would be discussed during each trip.) Winter & Company Winter & CO REVISED Phase 2 Atlantic Beach, Florida 10-Jan-06 FEES TASK 1: DESIGN STANDARDS Implementation of Character Management Strategy Winter & Company Develop Draft #1 of Design Standards • Develop Draft #1 of Design Standards Ordinance • Model potential results • Present Draft #1 of Design Standards to City Commission • Conduct community work session on draft ordinance Personnel Rate Hours Amount Subtotal N. Winter $155 40 $6,200 J. Husband $100 16 $1,600 W. Ward $70 32 $2,240 B. Shears $50 12 $600 L. Einsweiler/Duncan Associates $135 16 $2,160 Fees Develop Draft #2 of Design Standards • Develop Draft #2 of Design Standards Ordinance • Deliver Draft #2 of Design Standards Ordinance (No trip in base services for this phase.) Personnel Rate N. Winter $155 J. Husband $100 W. Ward $70 B. Shears $50 L. Einsweiler/Duncan Associates $135 Fees Develop Draft #3 of Design Standards • Develop Draft #3 of Design Standards Ordinance • Present Draft #3 of Design Standards Ordinance • Present final ordinance in hearing Personnel Rate N. Winter $155 J. Husband $100 W. Ward $70 B. Shears $50 L. Einsweiler/Duncan Associates $135 Hours Amount Subtotal 24 $3,720. 8 $800 24 $1,680 12 $600 16 $2,160 Hours Amount 32 $4,960 8 $800 16 $1,120 8 $400 8 $1,080 $12,800 $8,960 Subtotal Page 1 of 4 Fees $8,360 Winter & CO REVISED TASK 2: DESIGN GUIDELINES (Trips are concurrent with those above.) Develop outline of design guidelines Personnel N. Winter J. Husband W. Ward B. Shears L. Einsweiler/Duncan Associates DGs Fees Rate Hours Amount Subtotal $155 4 $620 $100 2 $200 $70 4 $280 $50 2 $100 $135 2 $270 $1,470 Draft #1 of Design Guidelines • Develop draft #1 • Deliver draft design guidelines to City Commission (No presentation of draft #1 in base services.) Personnel Rate Hours Amount Subtotal N. Winter $155 24 $3,720 J. Husband $100 16 $1,600 W. Ward $70 40 $2,800 B. Shears $50 32 $1,600 L. Einsweiler/Duncan Associates $135 4 $540 DGs Fees $10,260 Draft #2 of Design Guidelines • Develop Draft #2 of design guidelines • Present Draft #2 to City Commission • Present design guidelines to City Commission Personnel Rate Hours Amount Subtotal N. Winter $155 16 $2,480 J. Husband $100 16 $1,600 W. Ward $70 40 $2,800 B. Shears $50 32 $1,600 L. Einsweiler/Duncan Associates $135 4 $540 DGs Fees TOTAL FEES REIMBURSABLE EXPENSES TRAVEL Unit Airfare Ground Transportation Car Rental Accommodations Meals Mileage $9,020 $50,870 Cost Quantity Amount Subtotal $500 2 $1,000 NW2 $180 2 $360 $100 4 $400 $90 5 $450 $50 5 $250 $100 - $0 Page 2 of 4 4 Total Travel Expenses $2,460 Winter & CO REVISED IN-HOUSE EXPENSES Unit Photography Reproduction Technical modeling Workshop Materials Phone Total In-House Expenses: TOTAL EXPENSES Cost Quantity Amount Subtotal $50 1 $50 $100 1 $100 $400 1 $400 $50 1 $50 $50 1 $50 $650 $3,110 Page 3 of 4 TOTAL PROJECT FEES AND EXPENSES $53,980 Winter & CO REVISED ADDITIONAL SERVICE -EXTRA TRIP Present interim draft materials • Prepare workshop presentation • Present Draft #2 of design standards • Present Draft #1 of the Design Guidelines Personnel Rate Hours Amount Subtotal N. Winter $155 24 $3,720 J. Husband $100 0 $0 W. Ward $70 8 $560 B. Shears $50 0 $0 L. Einsweiler/Duncan Associates $135 0 $0 DGs Fees TRAVEL Unit Airfare Ground Transportation Car Rental Accommodations Meals Mileage Total Travel Expenses TOTAL FOR ADDITIONAL TRIP $4,280 Cost Quantity Amount Subtotal $500 1 $500 NW $180 1 $180 $100 2 $200 $90 2 $180 $50 3 $150 $100 - $0 $1,210 $5,490 Page 4 of 4 Advisory Legal Opinion -Municipal campaign contribution ordinances ATTACHMENT B JANUARY 23, 2006 COMMISSION MTG Florida Attorney General Advisory Legal Opinion Number: AGO 74-263 Date: September 4, 1974 Subject: Municipal campaign contribution ordinances 074-263 -- September 4, 1974 ELECTIONS MUNICIPAL CAMPAIGN CONTRIBUTION ORDINANCES PREEMPTED BY STATE LAW To: J. T. Frankenberger, City Attorney, Vero Beach Prepared by: Michael Parrish, Assistant Attorney General QUESTION: Does Ch. 73-128, Laws of Florida, preempt the field of campaign contributions so as to render ineffective a municipal ordinance which limits contributions to municipal candidates to an amount less than that provided by s. 8(1)(a) of Ch. 73-128, and limits to five hundred dollars the amount which a municipal candidate may contribute to his own campaign? SUMMARY: Chapter 73-128, Laws of Florida (Ch. 106, F. S.), applies to candidates for elective municipal office and preempts the regulation of campaign contributions to the state. Your question is answered in the affirmative. Chapter 73-128, Laws of Florida (codified as Ch. 106, F. S.), like s. 99.161, F. S. 1971, which it repealed and replaced, provides for comprehensive regulation of the field of campaign financing. The definition of the term "public office" in s. 1(9) of Ch. 73-128 [s. 106.011(9)] includes any "municipal office or position that is filled by the voters." Thus it is clear that Ch. 73-128 is applicable to candidates for elective municipal office and, as I observed in AGO 071-330 with respect to former s. 99.161, "[t]he conclusion is inescapable that the legislature did in fact preempt the field" with respect to the area of campaign contributions in connection with municipal elections. And, under s. 166.021(3)(c), F. S., a municipality is without power to enact legislation on "[a]ny subject expressly preempted to state government by general law." Under s. 8(1)(a) of Ch. 73-128, supra [s. 106.08(1)(a), F. S.], a contribution of up to one thousand dollars may be made "to a http://myfloridalegal.com/ago.nsf/printview/6D02B30B8A9FDE72852566B300564F1B 1/19/06 Advisory Legal Opinion -Municipal campaign contribution ordinances Page 2 of 2 candidate in any election voted upon on less than a countywide basis," which, of course, includes candidates for municipal office. The last paragraph of s. 8(1) of Ch. 73-128, supra [s. 106.08(1)], provides, inter alia, that the contribution limits established by that section shall not apply "to amounts contributed by a candidate+ to his own campaign." These provisions must prevail over any municipal ordinance to the contrary because, as noted above, Ch. 73- 128 preempts the regulation of campaign contributions and contains no exception respecting the establishment of different provisions by municipalities. http://myfloridalegal.com/ago.nsf/printview/6D02B30B8A9FDE72852566B300564F1B 1/19/06