12-9-13 Amended Agenda Packet. 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING December 9, 2013 - 6:30 PM AMENDED AGENDA
Call to order Invocation and pledge to the flag
1. A. Approve the minutes of the Regular Commission Meeting of November 12, 2013.
B. Approve the minutes of the Commission Workshop of October 21, 2013.
C. Approve the minutes of the Special Called Meeting of October 28, 2013.
D. Approve the minutes of the Commission Workshop of October 28, 2013. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager’s Follow-up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION
AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for October. B. Extend the Utility Contractor contract for one additional year to Gruhn May, Inc. at the
current contract prices, effective January 11, 2013.
C. Award the construction contract to F & G Construction for $39,848.00 to complete the
Tideviews ADA Trail using the funds in account 320-6040-572-6300 to fully fund the project and authorize staff to sign associated paperwork. D. Award the annual contract for Welding Troubleshooting and Repair to Hutchinson
Welding & Repair, LLC at the prices submitted in Bid No. 1314-01.
*E. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No.
1213-13) in the amount of $32,916.00 for one year, from November 1, 2013 through October 31, 2014, and authorize City Manager to sign the new contract. F. Authorize the City Manager to sign the Radio Services Agreement between the City of
Atlantic Beach and the City of Jacksonville.
5. Committee Reports
None.
6. Action on Resolutions A. Resolution No. 13-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE
APPOINTMENT OF ALAN C. JENSEN AS CITY ATTORNEY AND PROVIDING AN EFFECTIVE DATE.
2
B. Resolution No. 13-20 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE FIRM OF
KOPELOUSOS, BRADLEY AND GARRISON, P.A. AS INTERIM CITY ATTORNEY
AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 13-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH TERMINATING THE
APPOINTMENT OF JAMES R. HANSON, AS CITY MANAGER AND PROVIDING AN
EFFECTIVE DATE. D. Resolution No. 13-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING NELSON VAN
LIERE AS INTERIM CITY MANAGER AND PROVIDING AN EFFECTIVE DATE.
7. Action on Ordinances *A. ORDINANCE NO. 20-13-126, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DATE.
B. ORDINANCE NO. 90-13-220, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 24 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, ARTICLE III, ZONING REGULATIONS, BY ADDING A NEW DIVISION
10, FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, AND
PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business A. Crosswalk on Seminole Road at David Street (deferred from 10/28/13 Workshop).
(City Manager)
*B. Community Development Board recommendation on boats/trailers in front yards. (City
Manager) (Note: Community Development Board meeting is on 11/19/13 and their
recommendation will be forwarded to the Commission as soon as it becomes available.) C. Request for a Waiver from City Code Section 19-7 Driveway Limitations to allow a
Circular Driveway on a Lot with Less Than 100 Foot Frontage. (City Manager)
D. Mayor Pro-Tem Appointment. (City Manager)
E. Board Member Review Committee Appointment. (City Manager)
F. Report on Activities of the North Florida Utility Coordination Group (NFUCG) and approval to sign the Joint Defense/Common Interest Agreement. (City Manager)
G. Marsh Multipurpose Path Design and Permitting RFP #14-03. (City Manager)
(Note: Proposals from consultant are to be opened and scored and report will be
forwarded to Commission prior to the December 9, 2013 meeting.)
9. City Manager A. City Manager’s Report.
10. Reports and/or requests from City Commissioners and City Attorney
A. Human Rights Ordinance. (Commissioner Mark) B. Discussion concerning Audio/Visual/ Logistical Issues at meeting locations throughout
the City. (Commissioner Beckenbach)
C. Videotaping meeting/additional budget (Commissioner Woods)
3
D. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit
commercial construction within a residential community on Sundays. (Commissioner
Mark)
E. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial lawn service companies before 9:00 a.m. or after 7:00 p.m. on Saturdays
and Sundays. (Commissioner Mark)
Adjournment
* The supporting documents for these items have been revised since the workshop meeting of November 25,
2013.
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and
evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to
the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00
PM, Friday, December 6, 2013.
WELCOME
To the Atlantic Beach City Commission Meeting
We will conduct meetings of the City Commission with a level of civility and respect that
the democratic process deserves. This allows for better public input and supports
making the best decisions for the citizens who we are here to serve.
We ask that everyone in the meeting practice the following principles of Respect for
each other.
RESPECT
Refrain from putdowns, criticism and personal attacks
Encourage others to state their views
Support each other, even if you don't agree
Practice active listening
Express yourself assertively, not aggressively, not submissively
Collaborate, do not compete or collude
Trust each other, unless and until such trust is violated
The New Managers Toolkit: 21 Things You Need to Know
MINUTES
*REGULAR CITY COMMISSION MEETING
November 12, 2013
IN ATTENDANCE:
Mayor Mike Bomo
Mayor Pro Tern Maria Mark
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Carolyn Woods
Call to Order/Pledge:
CITY HALL, 800 SEMINOLE ROAD
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna Bartle
Recording Secretary Nancy E. Bailey
Mayor Bomo called the meeting to order at 6:30 p.m. Commissioner Daugherty gave the Invocation,
followed by the Pledge of Allegiance to the Flag.
Mayor Bomo recognized audience members: Carolyn Woods' father former State Senator Cliff Reuter,
former Mayor Lyman Fletcher, former Commissioner Paul Parsons, Commissioner-elect Jimmy Hill, and
Judge Hugh Carithers.
1. A.
B.
C.
D.
Approve the minutes ofthe Regular Commission Meeting of October 14,2013.
Approve the minutes of the Special Called Commission Meeting of September 23, 2013.
Approve the minutes ofthe Commission Workshop of September 23,2013.
Approve the minutes ofthe Town Hall Meeting of October 19,2013.
Mayor Bomo asked if there were any corrections to the above minutes. There were none so he stated the
minutes will stand as submitted.
2. Courtesy of Floor to Visitors
Mayor Bomo opened the Courtesy of the Floor to Visitors. Mayor Bomo welcomed the audience and
explained the process for public comments.
Michael Townsend, 1101 Scheidel Court, addressed the revitalization of the Mayport Corridor, asking what
is the vision of this Commission for revitalization of the Corridor; where is the economic development that
should come with revitalization that this Commission embarked upon five years ago; and what is the plan, not
just to bring in business, but to develop the people of the corridor. He stated the heart of Atlantic Beach does
not run down Seminole Road but rather right down Mayport Road which equally divides geographically and
socioeconomically our community. He distributed an asset mapping activity that he conducted for UNF that
provides a different perspective and some simple, inexpensive steps the Commission could take to develop a
concrete plan for developing the most important piece of property for Atlantic Beach.
Dick Hilliard, 338 11th Street, asked the Commission to defer the contract for beach cleaning, stating they
had two bids that were lower than this bid. He further stated he does not believe they need to rake the beach;
which would save a lot of money. He stated neither Hannah Park nor Neptune Beach rake their beaches.
Lou Catania, 2279 Seminole Road, gave a slide presentation explaining a proposed recreation program
called Atlantic Beach is Special that would provide assisted visits to our beaches for the families/caregivers
of citizens with special needs at no cost to the family. He stated the program concept is being supported by a
November 12,2013 REGULAR COMMISSION MEETING Page2
number of different organizations including University of Florida, Hannah Park, Jacksonville Department of
Disabilities, and the Cultural Arts & Recreation Advisory Committee. He stated the estimated budget would
be approximately $150,000, with a startup cost of about $29,000, which he was asking the Commission to
consider funding. He stated ongoing operating costs would be funded through Atlantic Beach businesses,
charitable agencies, foundations, grants and community fundraising events.
John Hancock, 336 Sunrise Circle, congratulated those who were elected and wished them well, stating he
appreciates anyone who serves. He spoke in favor of the dog park and stated he hopes they continue to fund
it. He stated he will be out of town for the next meeting but was told that the human right ordinance will be
on the next meeting. He stated he hopes as they consider equality that they say everyone is equal.
Mark Tomaski, 448 Snapping Turtle Court W., thanked Mayor Bomo for his service and for his
willingness to hear some of the other commissioners regarding some difficult projects, such as alternating
workshops, opening up public comment to the citizens, and the video broadcasting. He thanked him for
being open minded enough to hear some of the people express their opinions. He wished him well and
thanked him for serving for our country and for this office.
No one else from the audience spoke so Mayor Bomo closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
City Manager Jim Hanson stated they discussed the cost for automatically opening the Dutton Island gate and
there is a budget amendment for the next regular agenda which will add $8,000 to install equipment to
automatically unlock the gates.
Commissioner Beckenbach asked about the status of Master Agreement for Selva Marina Country Club. Mr.
Hanson stated it has been signed by all parties and distributed. He stated the effective date of the Master
Agreement is when the developer buys the property. He stated the last he heard from them, that will be
sometime in December. He stated although the Master Agreement has been signed, the easement won't
become effective until they buy the property and at that time it will be properly recorded.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
A. Acknowledge receipt of the Financial Report, Building Department Monthly Activity Report, List of
New Business Taxes and Utility Sales Report for September 2013.
B. Reject all bids for East Coast Drive Drainage and Streetscape Improvements (Bid No. 1213-12).
C. Extend the annual contracts for environmental laboratory services (RFP 1 0-08) for one additional year
to Columbia Analytical Services, Environmental Conservation Laboratories, and Advanced
Environmental Laboratories, Inc. at the current contract prices.
November 12, 2013 REGULAR COMMISSION MEETING Page3
D. Extend the contract for Orthophosphate (Bid No. 101l-05) for one additional year to Carus
Phosphates, Inc. at the current contract prices, effective December 1, 2013.
E. Extend the contract for Polymer (Bid No. 1011-03) for one additional year to Fort Bend Services, Inc.
at the current contract prices, effective December 1, 2013.
F. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No. 1213-13) in the
amount of$32,916.00 for one year, from November 1, 2013 through October 31, 2014 and authorize
City Manager to sign the new contract.
G. Award a contract to J. Collins Engineering Associates, LLC for completing the Professional
Engineering Services for Power Systems and Arc Flash Studies for Water Treatment Plant Nos. 1 -4
(RFP 13-03) in the amount of $53,975 and authorize the City Manager to sign the contract.
Mayor Bomo read the Consent Agenda.
Commissioner Woods pulled Item F. Commissioner Beckenbach pulled Item B.
Motion: Approve Consent Agenda Items A, C, D, E, and G as read.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 5-Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Commissioner Beckenbach asked for further explanation as to why the bids were rejected. Public Works
Director Rick Carper explained the price far exceeded our budget, stating the lowest bid was $612,000. He
stated they will have it reengineered at a smaller scale that will not provide quite the flooding benefits that the
original design would have provided. He answered several other questions from the Commission.
Mayor Bomo stated they would move to Item F. Commissioner Woods.stated she was responding to the
comments from Mr. Hilliard and asked if the Commission had any interest in deferring this item to see if they
want to consider the suggestion about not raking the beach and to see if there are real savings to be had. Mr.
Carper stated he believes there is benefit for raking the beach. He stated they have modified the specs to no
longer require the deep raking and will only be doing 4-6" raking of the surface which does collect some of
the debris. He stated it doesn't pick up cigarette butts or broken Styrofoam cups, but any sizable debris will
be picked up. He reiterated he does not have a body to dedicate to beach cleaning and would require an
additional person if they were to bring this in-house for staff to do. Commissioner Woods stated she is not
recommending that. Discussion ensued.
Motion: Defer Item F to December 9, 2013 Commission meeting.
Moved by Woods, Seconded by Mark
Votes:
Aye: 5-Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Bomo called for a motion on Item B.
November 12, 2013 REGULAR COMMISSION MEETING
Motion: Auurove Consent Agenda Item B as read.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 5-Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
None.
8. Miscellaneous Business
A. Renewal of employee benefit insurance policies (health, dental, disability, etc.)
Page4
Mr. Hanson explained Harden and Associates has recommended renewing the policy with Florida Blue for a
second year. He stated the cost will go up about 9.8% and in addition some of the benefits will be reduced so
the cost increase can stay within the 10% increase the City has budgeted for the current year. He stated the
recommendation is to approve the renewal of all the employee benefit policies for the upcoming year
including medical, life and supplemental life, as well as dental, vision, short and long-term disability.
Motion: Approve the renewal of all employee benefit insurance policies effective January 1, 2014
through December 31,2014 and authorize the City Manager to sign the related documents.
Moved by Woods, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0-
MOTION CARRIED
B. Approval of Special Magistrate for Dangerous Dogs.
Mr. Hanson stated staff is recommending approval of Attomey Jeb Branham for the Special Magistrate
position and anticipates the cost will be less than $1,000/year at an hourly rate of $175/hour.
Motion: Approve the appointment of Jeb G. Branham as Special Magistrate for the City of Atlantic
Beach to hear the dangerous dog cases.
Moved by Woods, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0-
MOTION CARRIED
November 12, 2013 REGULAR COMMISSION MEETING Page 5
C. Public Hearing on UBEX-13-00100071, 57 West 9th Street. Request for use-by-exception as
permitted by Section 24-lll(c)(6), to allow the sale of electric vehicle, including street legal golf
carts, to be located on a property within the Commercial General (CG) zoning district at 57 West 9th
Street.
Redevelopment and Zoning Coordinator Jeremy Hubsch explained the use-by-exception showing a slide of
the site plan stating the Community Development Board voted 6-0 to recommend approval.
Motion: Approve request for UBEX-13-00100071 at 57 West 9th Street as recommended by the
Community Development Board.
Moved by Woods, Seconded by Beckenbach
Mayor Bomo opened the Public Hearing.
Dick Hilliard stated there used to be buses on that comer and they never caused problems. He stated he is
for it.
Mark Tomaski stated he believes this would be a wonderful asset to the community and would like to see
this use go through and bring in this type of business activity. He stated he believes it is good for us, it is low
impact and is the kind of business he likes to see.
No one else from the audience spoke so Mayor Bomo closed the Public Hearing.
Commissioner Daugherty asked where the vehicles are to be displayed. Mr. Hubsch pointed out on the site
plan where they would be displayed.
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0-
MOTION CARRIED
9. City Manager
A. City Manager's Report.
Mr. Hanson stated, as he reported at the workshop, the City has received an intent to sue letter on a zoning
issue and he had provided the strategic planning quarterly report. He stated he has no other reports tonight.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Mark
• Thanked Mayor Bomo for his service to our country while serving in the Navy and as a civil servant
to Atlantic Beach. She stated it was a benefit to the citizens of Atlantic Beach to have him seated as a
Commissioner and as Mayor. She wished him the best of luck.
Commissioner Woods
• Stated Mayor Bomo has served the City very well and thanked him for his service and mentorship.
November 12, 2013 REGULAR COMMISSION MEETING Page6
Commissioner Daugherty
• Stated for Mayor Borno to have served Atlantic Beach as long as he has and to stick through the hard
times and make this office a very dignified office, he has done a phenomenal job. He stated he looks
to him as a mentor showing how this job is supposed to be done and thanked him for his service to the
country and his involvement in the community. He stated we are losing a great asset tonight. He
stated the connections Mayor Borno has with the Mayport Naval Station and the Navy community
groups will be very hard to replace. He stated he looks forward to what God has in store for him.
Commissioner Beckenbach
• Thanked Mayor Borno for his service to the country, the community and the neighborhood. He stated
he appreciates all he has done and he is unbelievable as far as the amount of work and service he
spends for the benefit of others.
City Attorney Jensen
• Stated Mayor Borno is truly an officer and a gentleman and he appreciates very much his service to
this City.
MayorBorno
• Stated he has been blessed for 75 years to be able to help people and he believes that is his forte. He
stated he enjoys it and has enjoyed being here with the City. He thanked everyone for their support
over the years, especially the staff. He stated they are a tremendous group of people. God Bless
everyone of you.
Adjournment of Retiring Commission
There being no further discussion, Mayor Borno declared the meeting of the retiring Commission adjourned
at 7:22p.m. and turned it over to the City Clerk for the next meeting.
November 12, 2013 REGULAR COMMISSION MEETING Page7
Oath of Office for New Commission
• James (Jimmy) Hill-Commissioner Seat 4
• Jonathan Daugherty -Commissioner Seat 5
• Carolyn Woods -Mayor-Commissioner Seat 1
City Clerk Donna Bartle administered the Oath of Office to James (Jimmy) Hill-Commissioner Seat 4, and
Jonathan Daugherty-Commissioner Seat 5; Hon. Hugh Carithers administered the Oath of Office to Carolyn
Woods -Mayor/Commissioner Seat 1. The signed Oaths of Office are attached and made part of this official
record as Attachment A.
MINUTES OF THE MEETING OF THE NEW CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH
IN ATTENDANCE:
Mayor Carolyn Woods
Mayor Pro Tern Maria Mark
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Call to Order of New Commission
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna Bartle
Recording Secretary Nancy E. Bailey
The meeting of the new Commission was called to order by Mayor Woods at 7:29p.m.
Item 12A was taken out of sequence and acted on at this time.
12. Recognition of Outgoing Commissioners
A. RESOLUTION NO. 13-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING MAYOR
LOUIS "MIKE" BORNO, JR. FOR HIS DISTINGUISHED PUBLIC SERVICE.
Mayor Woods read the Resolution by title.
Motion: Approve Resolution No.13-13.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0-
MOTION CARRIED
Mayor Woods read the Resolution in its entirety and presented it to Mayor Bomo. She also presented Mrs.
Bomo with a bouquet of flowers.
Nancy Bailey presented Mayor Bomo with a signed photo album on behalf of the staff. Mayor Bomo
thanked her stating this will be displayed well, it has all the staff in it and he appreciates them.
November 12, 2013 REGULAR COMMISSION MEETING Page 8
Mayor Woods also presented Mayor Bomo with a boxed gavel with the inscription, "This is presented to
Louis Mike Bomo Jr., Mayor of the City of Atlantic Beach, November 2009-November 2013." Mayor Bomo
thanked her stating he really doesn't need one of these, as his father-in-law taught him before he got married
that he doesn't rule the house, all he gets to do is say yes ma'am.
Mayor Woods adjourned the meeting for a ten-minute recess at 7:36 p.m. She reconvened the meeting at
7:46p.m.
11. Courtesy of the Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors.
Linda Almeida, 282 Magnolia Street, address Item 13A, stating she doesn't understand the moratorium
because what has happened in the past is that our codes have not been enforced and that is how this all came
to be. She stated, in her opinion, allowing boats, trailers, etc. to be parked on residential lots is unacceptable
because of the noise, the appearance and we already have codes that say they can be parked within a certain
limit. She cautioned the Commission on changing our present codes or putting them aside because they were
put in for reasons. She stated to lessen the codes we have would be a detriment to our community. She asked
that they look kindly on keeping things as they are and enforcing our codes.
No one else spoke so the Mayor closed the Courtesy of the Floor to Visitors.
12. Recognition of Outgoing Commissioners
A. RESOLUTION NO. 13-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING MAYOR
LOUIS "MIKE" BORNO, JR. FOR HIS DISTINGUISHED PUBLIC SERVICE.
This item was taken out of sequence and acted on earlier in the meeting.
13. A. RESOLUTION NO. 13-16
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IMPOSING A
MORATORIUM ON THE ENFORCEMENT AGAINST STORING AND PARKING OF
RECREATIONAL VEHICLES ON RESIDENTIAL LOTS, AND PROVIDING AN EFFECTIVE
DATE
Mayor Woods read the resolution by title.
City Manager Hanson summarized the resolution stating it was prepared in follow-up to what the
Commission requested at the last meeting. He explained this resolution would stop the staff from enforcing
these provisions of the City Code until December 14. He stated the Community Development Board is going
to meet on November 19 and they can get their recommendation to discuss at the upcoming workshop on
November 25. He stated if they wanted to delay that and consider it at a later time they would probably want
to change the date on the moratorium so it would be in line with when they intend to consider this for action
by the Commission.
November 12,2013 REGULAR COMMISSION MEETING Page9
Commissioner Beckenbach asked if this had not been discussed at the Community Development Board
already.
Building and Zoning Director Mike Griffin explained there were some items discussed at the Community
Development Board and they wanted it brought back so they could better understand right-of-way widths, the
edge of pavement and property lines. He stated at the next meeting they will have a Power Point showing
how the edge of pavement, property lines and front yards and setbacks are related to the setbacks of
recreational vehicles. Mr. Griffin answered other questions from Commission Beckenbach.
Commissioner Daugherty explained the history of this issue for Commissioner Hill's benefit and why he was
asking for a moratorium.
City Attorney Jensen clarified that the moratorium as written is to December 10, which is just past the regular
meeting on December 9.
Discussion ensued.
Motion: Approve Resolution No. 13-16.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 3 -Daugherty, Hill, Mark
Nay: 2-Beckenbach, Woods
MOTION CARRIED
14. City Manager Report
City Manager Jim Hanson reported on the tipping fee negotiations and sanitation contract which expires on
June 1, 2014. He stated he was requested to get in writing that the current sanitation hauler would agree to
extend the current contract, which was attached to the amended agenda packet. He explained they agreed to
extend if requested by the City for a minimum of three months and with a 90-day notice for ending it.
He stated at the last meeting they discussed the request for a crosswalk on Seminole Rd. at David St. which is
scheduled for discussion at the November 25 workshop. Mr. Carper presented his report on this tonight since
he will not be at the November 25 meeting. He showed a slide of the crosswalks showing the geographic
distance between the existing crosswalks and the requested crosswalk at David St. He answered questions
from the Commission.
15. Comments from Mayor and Commissioners
A. Amend noise ordinance to prohibit lawn work before 9:00a.m. on weekends.
Commissioner Mark asked to move this to the workshop on November 25 for more discussion and
clarification, stating it should read to prohibit commercial lawn work, not just lawn work, and, secondly, to
consider discussing prohibiting commercial construction on Sundays. It was the consensus of the
Commission to move this discussion to the November 25 meeting.
November 12,2013 REGULAR COMMISSION MEETING Page 10
B. Project List.
Commissioner Mark stated a workshop will be held on December 9, 2013 at 5:00p.m. to discuss this item.
C. Report on Solid Waste Contract.
Commissioner Daugherty asked what the status was with Council President Gulliford's resolution to include
us in the Jacksonville contract. Mr. Hanson explained he is working on this. Discussion ensued.
D. Design for remodeling and expansion of Police Building.
Mayor Woods stated a workshop will be held on November 18, 2013 at 5:30p.m. to discuss this item.
E. Request letter of commitment to the Florida Department of Transportation (FDOT) seeking
their support and funding.
Mayor Woods stated she had requested the letter of commitment, which was in the agenda, and asked for
consensus to send the letter to FDOT.
Motion: Send letter of commitment to the Florida Department of Transportation (FDOT) seeking
their support and funding.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0-
MOTION CARRIED
City Attorney Jensen
• Welcomed Commissioner Hill, stating he looked forward to working with him and everyone else.
Commissioner Hill
• Thanked everyone for allowing him to serve, stating he will take the oath extremely serious and
further his deep commitment to Atlantic Beach.
Commissioner Mark
• Congratulated Mayor Woods, Commissioner Hill and Commissioner Daugherty.
• Requested the Human Rights ordinance be put on the workshop on November 25 for discussion.
• Announced that this Saturday is MarshFest from 10:00 -3:00 at Dutton Island and encouraged
everyone to come out.
Commissioner Daugherty
• Grateful to have the opportunity to serve for another four years and to complete some of the tasks they
have already started.
• Congratulated Mayor Woods, stating he looks forward to working with her.
• Stated he looks forward to serving with Commissioner Hill.
November 12, 2013 REGULAR COMMISSION MEETING Page 11
• Will leave on November 25 for a missionary trip to Mexico and will miss the workshop but will return
on December 7.
• Will be hosting the fishing clinic at MarshFest.
Commissioner Beckenbach
• Congratulated Mayor Woods, Commissioner Hill and Commissioner Daugherty stating he is looking
forward to working with everyone.
• Stated he was moved by Mike Townsend's vision for the Mayport Corridor. He stated he is looking
forward to reading his vision for the corridor.
Mayor Woods
• Welcomed Commissioner Hill and congratulated Commissioner Daugherty on his reelection.
• Thanked everyone for their support, stating she is looking forward to what they can do for Atlantic
Beach.
• Reported on an email from Jack Berry regarding the veterans recognition ceremony stating he wanted
to thank Billy Ray for helping set up.
• Also appreciated Mike Townsend's report on the Mayport Corridor Improvement Plan and hopes he
will stay involved when we do our visioning process.
• Stated there has been discussion about whether we want to videotape additional meetings and should
they add to this budget amendment or discuss at the workshop. Commissioner Daugherty stated he
would like to handle these as separate issues. It was the consensus to handle these separately but not
add this discussion to the meeting of November 25. Mr. Hanson added if they are talking about
adding money for additional videotaping, the Commission needs to decide specifically which
meetings they want videotaped so staff can put a price on it. He stated they can videotape any
meeting in this room but the equipment is not available for any other meeting location.
• Asked if there is a sample for the Human Rights Ordinance. Commissioner Mark stated there is a
sample template that has been used in other municipalities that have passed the Human Rights
Ordinance. She stated the City Attorney is looking at a question regarding enforcement of that
ordinance. Mr. Jensen stated he will let the Commission know as soon as he finds out.
• Hopes to see everyone at MarshFest.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 8:28p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
*A Workshop was held on October 28, 2013 for the purpose of discussing these items. Please refer to the
Workshop Minutes for the previous discussion.
A 11 /\CHMENT A
November 12, 201 3
I solemnly swear that T wi 11 support the Constitution and will obey the laws
of the United States and of the State of Florida, that 1 will, in all respects,
observe the provisions of the Charter and Ordinances of the City of Atlantic
Beach, and will faithfully discharge the duties of the office of Mayor.
Oath of office administered by:
Carolyn Woo s
Mayor -Seat 1
November 12. 2013
I solemnly swear that I will support the Constitution and will obey the laws
of the United States and of the State of Florida, that l will, in all respects,
observe the provisions of the Cbatier and Ordinances of the City of Atlantic
Beach, and will faithfully discharge the duties of the office of
Commissioner-Seat 5.
Oath of office administered by:
Donna L. Bartle
City Clerk
) nathan Daugherty
Commissioner -Seat 5
November 12,2013
I solemnly swear that I will suppmt the Constitution and will obey the laws
of the United States and of the State of Florida, that I will, in all respects,
observe the provisions of the Chatter and Ordinances of the City of Atlantic
Beach, and will faithfully discharge the duties of the office of
Commissioner-Seat 5.
Oath of office administered by:
Donna L. Bartle
City Clerk
MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON OCTOBER 21, 2013
City Commission Members present:
Mike Bomo, Mayor
Maria Mark, Mayor Pro Tern
Mark Beckenbach, Commissioner
Jonathan Daugherty, Commissioner
Carolyn Woods, Commissioner
Staff present:
Jim Hanson, City Manager
Michael Classey, Chief of Police
Nancy Bailey, Recording Secretary
Also present:
Jimmy Hill, Commissioner-elect
The meeting, which was held for the purpose of discussing the police building project was called
to order at 6:32 p.m. by Mayor Bomo. He welcomed Commissioner-elect Jimmy Hill. He stated
they all had the agenda as well as a handout from Steve Lindorff (which is attached and made
part of this Official Record as Attachment A). He asked that Chief Classey give a summary
of the history of the planning for the police building and stated they will have public input before
they go into the Commission discussions.
ChiefMike Classey gave a slide presentation (which is attached and made part of this Official
Record as Attachment B) summarizing the highlights of the history of the planning for the
police building. He answered questions from the Commission.
Mayor Bomo explained the process for public comments and opened the Courtesy of the Floor to
Visitors.
Lou Keith, 1845 Tierra Verde Drive, stated he liked what Chief Classey said. We had a
building with about half staff at 4,000 s.f. when this whole thing started. He stated he is a big
believer in comparative analysis. He stated he previously sent them a comparison of the first
five police departments starting in Fernandina Beach to St. Augustine stating the average square
footage of these five facilities per employee is approximately 220 s.f. He stated if you multiply
that by how many employees our police department has today and it comes up to about 9,000 s.f.
which seems like a pretty doable number. He stated as a member of the Police Committee he
had no confidence in any of the figures provided by that architectural fi1m. He stated the newly
elected/reelected Commission made a promise to this community not to borrow money. He
stated they could do very well by adding a storage facility on City-owned property and
remodeling the existing building and putting on additions and operating very efficiently. He
stated space can be saved by simple scheduling.
Steve Kallao, 552 Dutton Island, stated the citizens don't want to infringe in the park and don't
want to spend $5,000,000 so they would have to say what are their other considerations, which
would be moving the police building somewhere else or remodeling the existing building. He
stated he reviewed the flood plain situation with Mike Griffm and, as you know, the existing
building was in the 100 year flood plain but the new flood plain documents came out June 3 and
it is now in the 500 year flood plain. He stated this means, in terms of construction, the costs
Minutes-City Commission Workshop
Page2
October 21, 2013
would go down considerably because they don't have to adhere to FEMA's construction rules
and don't have to raise the level of the floor plan. He stated if they did decide to remodel that
building it would mean a lot in terms of construction costs because before it was prohibitive but
now that they don't have to adhere to those, it would be a viable alternative to add additions and
remodel the existing building, if that's what they decide to do.
Jack Varney, 2257 Ocean Forest Dr. W., stated the decision has to be made by the
Commission and if they think somebody else can make it for them they are just wasting our time
and our money. It is your job, you do it and you face the music; it's a contentious issue. You
need to trust the people who work for you, they will bring you the information you need and if
they don't you can deal with them because they are your employees. Take advantage of the
people you have there; don't believe anything you see that comes from anyone else outside
without checking it out and having it documented in writing and checked out by somebody who
knows, because there are too many numbers out there that are phony. He stated a suggestion to
the Commission is to be thorough, do it right, do it right the first time so you don't have to do it
again. You are going to take heat, take the heat and move on.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to
Visitors.
Mayor Borno stated they keep hearing 14,000 s.f. and $5 million. He stated that is history and is
not where we are at. He stated we are here to make the best viable decision and figure out what
we need. He stated we are not here to design the police department, etc., we are here to establish
what they are willing to consider and that will govern what they are going to look at and how
much they will put into it. He stated, related to the comment about borrowing money, they have
accumulated up to $2.7 million currently from half cent sales tax to do whatever and they don't
have to look for another source of funds; they can always look for half cent sales tax. He stated
it has to be worked out in how much they want to restrict the usage of that for other projects.
Mayor Bomo asked the City Manager if the information on the 500 year flood plain was correct.
Mr. Hanson stated that was not his understanding. He stated he believes they need to get an
architect who is familiar with the FEMA rules to look at it if they want to pursue this building.
He stated they need to look at what is proposed and give them an educated written
recommendation as to what it would cost to meet the regulations. Discussion ensued regarding
the 100 year and 500 year flood plain.
Commissioner-elect Jimmy Hill stated, from listening to the citizens, a new police building is not
the answer and they should consider remodeling this building as a compromise. He stated the
officers are living in a pig sty and it has to be addressed immediately. He stated they have to
give these officers a better work environment as soon as we can. He stated he believes the
Animal Control could function out of any building the City owns just as well, which would free
up some space; unless there is some violent aspect that he is not aware of that we are protecting
with the law enforcement, which may be the case. He stated he got a clear message that the
citizens don't want a new building and he is very much for a remodel of this facility. He stated
the new information on the flood plain is certainly worth looking at. He stated it makes it much
more attractive than it was knowing that we might put money into something that is really
Minutes-City Commission Workshop
Page3
October 21, 2013
expensive to upgrade. He stated if there was a chance that we don't have to spend that additional
money to raise the elevation, he understands it.
Mayor Borno passed the Chair to Commissioner Woods, stating this is going to be a decision
made underneath her as Mayor. He asked if she would take the Chair, hold the Commission
discussion and carry on with that part of it, he would appreciate it. Commissioner Woods
thanked the Mayor. She stated she would like to ask everyone to state yes or no as to whether
they should remodel, build a new building or look for a new place.
Mayor Borno stated he believes the best approach would be to get an architect to evaluate that
building to see if anything can be done to it to make it serviceable to support the operations of
this department within the budget. ·
Commissioner Mark stated she believes they should look at a new site and use this money for
new construction rather than taking a risk that we are putting good money after bad. She stated it
is not the expansion part, except that it will take out some trees and we will have some parking
issues, but her main concern is the remodeling. She stated it would make better sense to her to
concentrate on finding a proper site in the Mayport area on Levy Road. She stated if they do
their due diligence and look at a site that would work and know the cost for new construction
then they would know almost to the penny what they are going to spend. She stated this building
could be rehabbed to be used as a community center. She stated the police station would be in an
area where is it probably needed the most.
Commissioner Daugherty stated, as stewards of resources and representatives of the citizens,
they need to find something that is paletteable and meets the needs of the police department. He
stated his preference is to renovate and expand the existing building but he is also open to
looking at a Levy Road location.
Commissioner Beckenbach stated, at a minimum, he would look at refurbishing this building
with an option to expand the building. He stated he does not see using anymore than we already
have saved. He stated there is a lot they can do with that amount of money.
Slides were shown of the expanded site.
Mayor Borno stated related to the report that Steve Lindorff submitted, Chief Classey was asked
if he had seen it and was it accurate and he stated it was not totally accurate.
Commissioner-elect Hill asked if the funds that were saved for this project were not spent on this
project where would they go, or were they borrowed. Mr. Hanson stated none of them were
borrowed. He stated they would have the same restrictions as when they came in. He stated he
believes all of the funds came from half cent sales tax funds. They would be limited to the same
improvements that Better Jacksonville Half Cent Sales Tax Funds are which are capital
improvement projects, mostly bricks and mortar, but you could do street projects or sidewalks.
Commissioner-elect Hill stated the location of that building anchors this park because there is the
strong perception that there is a strong police presence which is one of the reasons moving it is a
scary thing. He stated the bones are good but the AC unit was not replaced on the fire side and
will need to be done at some point. He stated he does not want to move it, but does want to
Minutes-City Commission Workshop
Page4
October 21, 2013
modify it to fit today's standards. He stated he believes they can do a better job of utilizing even
what is there. He stated they can get an architect and tell them what we need it to do and then
they might get the right answer. Discussion ensued regarding the location.
Commissioner Woods stated it all comes back to how the department is run and where we focus
our resources, stating she believes we need more COPS officers. Discussion ensued.
Commissioner Mark stated it had been suggested to her that they look for another place to put
the fire station and have the City of Jacksonville help them do some kind of relocation with that,
possibly even in Neptune Beach. Mr. Hanson stated that suggestion was made to Neptune Beach
officials and was very quickly shut down.
Commissioner Woods stated she wants to get more officers into different parts of the
community, and get as minimal a building as they can come up with so they can be conservative
with their resources. She stated most people like it here and she believes it can be remodeled.
Discussion ensued regarding Animal Control.
Commissioner-elect Hill asked what is the difference between COPS officers and regular
officers. Chief Classey explained the difference. Discussion ensued.
Commissioner Woods recapped that five Commissioners are willing to renovate with expansion
staying within budget of the money that has been set aside. Commissioner-elect Hill asked if a
reasonable renovation can take place in two stages so they can function out of the building or
should they immediately make plans for a period of time to house them. Chief Classey stated he
believes they would need to plan on moving offsite. Commissioner Woods stated they could
have the architectural team look at that. Mr. Hanson stated it may be possible to put temporary
space, such as the portables used at the schools, located in the parking lot. Commissioner Mark
stated they need to also think about total disruption to community, at the five-way, the park, etc.
due to the construction. Chief Classey stated he shares some of Commissioner Mark's concerns
about this facility but he doesn't believe the Commission can move on to another site until it
exhausts the abilities of the current site. He stated what can be done on that site and what the
cost will be are two big factors. Commissioner Mark stated it is going to cost us money to figure
out what can be done and what that cost is going to be, so of that $2.7 million be prepared to
spend money to have an architectural design company to do that whole analysis. She stated they
will be spending money on something that, in her mind, could still be a major question mark as
to whether that is something we want to do. Commissioner-elect Hill stated the good thing is
that the structure of that building is a very simple structure, it is not a complex building. He
stated it is a 2x4 framed building with sheetrock walls; it is very easy to make major adjustments.
He stated structurally it is a truss roof that will withstand whatever interior wall changes that
need to be made, fairly simply. He stated it is pretty feasible to do most anything and it
definitely needs to be done. He stated his concern is getting these officers into a working
environment quickly.
Minutes-City Commission Workshop
PageS
October 21, 2013
Commissioner Woods stated she will put this on the agenda in the very near future to develop an
RFP to have an architectural firm look at our site and tell us where to go. Commissioner
Daugherty suggested it might be very symbolic for this Commission to put this on next agenda.
Discussion ensued.
Mayor Bomo stated Winston Churchill was addressing Parliament during World War II when
they asked him, in his wisdom, to give some words of advice. He stated Churchill got up and
said, never, never, never, never, never, never, never, never, never give up, then he sat down.
Mayor Bomo stated keep that in mind.
Commissioner Woods reiterated they will have this on the agenda and asked the Commission to
send in what they believe the parameters should be, or decide whether they would like another
workshop to discuss. Further discussion ensued. Mr. Hanson stated he and Chief Classey should
be involved in these discussions. Commissioner Woods clarified that at the workshop on
October 28 they will bring the items they would like to develop in an RFP and on the November
12 they will vote on developing an RFP. Mr. Hanson stated the Commissioners should come to
the meeting on October 28 with their parameters for the RFP so they can start putting those
together. Commissioner Mark stated after the vote on November 12 they can have a workshop
to actually do the RFP.
Mr. Hanson explained the meetings on November 12 are to complete old business with the
current Commission, then they will adjourn the current Commission, swear in the newly elected
officials and reconvene with the new Commission. Commissioner Woods clarified that the issue
of the RFP will be on the portion of the meeting with the new Commission.
Commissioner Woods reopened the floor to visitors.
Don Ford, stated Fleet and Associates already did a needs assessment and the building hasn't
changed since then.
Jack Varney, stated this isn't going to be as easy as they think it should because there are some
other finer requirements they will have to build into that RFP, i.e. laboratory for fingerprinting,
sally ports and holding cells and cost justification analysis to determine what they are going to
have or not have, etc. He suggested they go back to the requirements that were set forth
previously, analyze the cost benefits of them, prioritize them and then build what they need into
that RFP from that list.
Mark Tomaski, 448 Snapping Turtle Court West, asked why the video was not on tonight,
stating he received several calls and texts asking why it wasn't on because they thought this was
a very important topic. Mr. Hanson replied that we have a limited budget and a number of times
Minutes-City Commission Workshop
Page6
October 21, 2013
we can put meetings on. He stated we don't have the budget to televise every meeting that goes
on and if the Commission wants to expand the budget they can do that.
Commissioner Mark stated if they start getting into the details of what is going into the building
then they are going to get into this whole other discussion about the police and the procedures,
etc. Commissioner Woods stated she believes they are staying within the parameters, this is the
site and this is our budget and then they will talk to the Chief about prioritizing the needs and
space on those parameters. Further discussion ensued.
Commissioner Woods stated she wants to include green building codes and discuss how far
down that road they want to go. Discussion ensued.
Commissioner Woods turned the meeting back over to Mayor Borno.
There being no further discussion by the City Commission, Mayor Borno declared the meeting
adjourned at 7:55 p.m.
Nancy E. Bailey
Recording Secretary
MikeBorno
Mayor
Bailey, Nanc
From:
Sent:
To:
Subject:
Attachments:
Steve Lindorff [SLindorff@jaxbchfl.net]
Monday, October 21, 2013 2:45PM
Bartle, Donna
Police Facility Agenda Item for October 21, 2013
THE TRUTH ABOUT THE POLICE FACILITY COMMITTEE.pdf
A ITACHMENT A
I understand that there may be an opportunity for public comment on this agenda item. I have to work this evening and will
be unable to attend. I would appreciate it the attached could be copied and distributed at the meeting. I assume that as
correspondence on this item, it will become a part of the official record.
Thank you!
Steve Lindorff, Member
Police Facility Citizen's Committee
2092 Vela Norte Circle
Atlantic Beach, FL 32233
1
THE TRUTH ABOUT THE POLICE FACILITY COMMITTEE'S WORK
• The committee NEVER entertained a $5.2 million facility. It started with the "value engineered" $4.8
million version ofthe ADG consulting firm's plan. And the $4.8 million version was quickly rejected
by the committee as over-built and too expensive.
o SIDE NOTE: ADG got the size of the various components right. They are recognized experts and
have over 170 public safety clients throughout the southeast U.S., including working with the
Haskell Company on design and construction of the Jax Beach police building. The REAL ISSUE is
which ofthe various components are needed v. those that are simply nice to have.
• The Police Chief gave the committee as list of the Necessary v. the Nice components which
committee members then used to derive the "right" size for a new facility.
NECESSARY NICE ELIMINATED
Administration
Chief's Office -217sf Chief's Conference Room-180sf Waiting Vestibule-80sf
Chief's Administrative Assistant Mini-Break Room-20sf S to rage-40sf
Space-224sf
Restroo m-64sf
Support Services Commander's
Office-160sf
Records Unit
Records Work Area-284sf Public Access Counter-60sf
Records Storage-182sf Officer Access Window-24sf
Records Supply Storage-55sf Copier/Work/Supply Area-140sf
Juvenile File Storage-74sf Supply Receiving Area-40sf
Animal Control
Office Area-72sf
Secured Storage-24sf
File Storage-24sf
Investigations Division
Interview/Safe Room-144sf CSU Detective's Work Area-128sf
General Detective's Work Area-
128sf
Secured Storage-80sf
Sergeant's Office-80sf
Equipment Storage-40sf
Copy/Work/Supply Storage-140sf
Property & Evidence
Evidence Custodian Work Area-Officer Drop-Off Area-120sf
126sf
Bulk Evidence Storage-300sf Evidence Retrieval Area-60sf
Valuables Vault-25sf Wash-Up Area-20sf
Narcotics Vault-55sf
Weapons Vault-53sf
Evidence Processing Lab/Decom-
66sf
Misc. Evidence Storage-300sf
NECESSARY NICE ELIMINATED
Patrol Division
Patrol Hub-144sf EOC/Tacticai/Training Room-140sf Secured Equipment Storage-40sf
Sergeant's Open Work Area-252sf File Storage-40sf
Briefing/Muster Room-266sf COPS Bike Storage-40sf
Commander's Offices-266sf
Communications
Call Taker/Dispatch Work Stations-Public Access Window-24sf
209sf
Supervisor's Office-60sf Officer's Access Window-24sf
Secured Equipment Room-117sf Fire Suppression Equipment Room-
60sf
Uni-Sex Restroom-60sf Misc. Storage-40sf
Locker/Break Area-39sf
Facility Functional Areas
Public Lobby-331sf Central Breakroom-160sf Quartermaster Storage-160sf
Public Restrooms-250sf Armory-120sf Second Floor Vestibule-120sf
Holding Cells-216sf Ammunition Storage-60sf Hazmat/Drug/Biood Drying Room-
80sf
Booking Desk-94sf Tactical Equipment Storage-140sf
Secured Interview Room-66sf
Sallyport-658sf
Facility Services
Janitor's Closets-21sf Staff Restrooms-448sf Electrical Room-120sf
Mechanical Rooms-138sf Staff Locker Rooms-320sf Mobile Command Vehicle Storage-
640sf
Data Cable Closet-20sf Server/IT Room-lOOsf
Emergency Generator Enclosure-Data Cabling Closet-20sf
156sf
Misc. Storage-200sf
Summary Data
TOTAL IN ADG PLAN= 13,114 sf
TOTAL IN COMMITTEE'S "COST FEASIBLE" PLAN= 5,468 sf plus 1,880 sf for hallways, etc.= 7,348 sf
• Allowing for a bit of building design "wiggle room", the Committee ultimately agreed to recommend
a new building housing the "Necessary" components listed above which would not exceed 9,000 sf.
o SIDE NOTE: Some of the components in the category involve police operational policy choices
that are within the province of the City Commission in concert with its staff. These include the
sally port and holding cells. These were left in the Committee proposal by majority vote.
• With the help of a volunteer with architectural training, a sketch floor plan was developed that had
a total footprint of 65' x 136', or 8,840 sf., and could be accommodated (but take up much area) in
the same location as the ADG plan.
• The components that were labeled "Nice" could be accommodated by remodeling the existing
police building which would not necessarily have to be done immediately, but accomplished over
time as funds were available. The committee recommended that up to 4,999 sf be set as the limit to
avoid any potential issues with "substantially improving" an existing structure.
• The committee recognized that it did not possess the expertise to provide a definitive cost estimate,
but, believing that the charge to committee mandated one, went through an exercise of applying a
number of scenarios to derive some cost data. This resulted in the following information being
added to the final report:
Based on ADG Data Based on CC&A Committee Adjustment
Estimator's Data Using Mid-Range Cost
New Building $2,295,000 $2,016,000 $2,133,000
[$255/sf] [$224/sf] [$237 /sf]
Remodeled Space $600,000 $600,000 $1,184,762
[$120/sf] [$120/sf] [$237 /sf]
Site Work $350,000 $350,000 $350,000
Furnishings/Equipment $250,000 $250,000 $250,000
A/E Fees $280,000 $257,280 $313,421
Estimated Cost $3,775,000 $3,473,280 $4,231,183
• The bottom line is that NO ONE can really say what the building will cost because the final building
program has not been decided nor has a realistic budget been set. That is why the committee
strongly recommended that the Commission retain the services of a Design-Build construction firm
to work with the Commission and staff on a two-phased process with the first being an exploratory
step that would lead to finalizing a program for the construction of the new facility and establishing
a maximum guaranteed price (a "budget") followed by actually solving the problem by building the
project.
Steve Lindorff, Member
Police Facility Citizen's Committee
2092 Vela Norte Circle
Atlantic Beach, FL 32233
.--
0
N ...
N
~
Q) ..c
0 ....., u
0
ATTACHMENTB
Building
1 987 -constructed approximately 4,000 sq ft
" Total staff less than V2 of current staff
o Prior to construction, staff predicted building would be
too small for the police needs
1993 -first architectural plans for expansion
introduced, however did not move forward
1 999 -fire contract signed and police took over
approximately 2,000 additional sq ft that was
previously allocated to fire operations
u1 d"ng H"s ory continu d
~ 2004 -Commission budgeted $30,000 for design
of remodeling and expansion to the police
d,epartment
june, 2005 -Fleet & Assoc provided an expansion
plan of 2,841 sq ft at an approx. cost of
$965 '734.
~ October, 2005 -Commission believed expansion
was inadequate, directed staff to seek
architectural firm that specializes in public safety
buildings
ilding History cont·n d
~ 2006 -Public Safety Architect reviewed Fleet &
Assoc. proposal and reported that proposed
expansion was insufficient to meet the needs
of the Police Department
January 2007 -Commission tours of other
pol ice department buildings
~ 2007 -Several sight evaluations for new
police departme,nt conducted
Building ·story continued
._June 2008 -Spatial needs assessment
completed and determined 14,000 sq ft was
the need
~ September 2008 -Commission approved
annual budget, including cost for police
b,uilding design
~ November 2009 -Commission authorized the
design of a new law enforcement facility
uil ing History contin d
., September 2010 -Commission approved design
option for new building
August 2011 -1 00% design plans completed by
architect, final decision deferred until new
commission is seated
January 2012 -Commission decided not to
proceed with the police building as designed.
Feb-May 2012 -Commission appointed citizen
committee on police building.
a Building committee recommended construction of a new
9,000 sq ft building and renovation of existing 5,000 sq
ft building
• June 2012 -Commission decided to not
pursue citizen building committee
recommendation
October 2013 -Staff awaiting direction from
city commission as to how and when to
proceed
MINUTES OF SPECIAL CALLED MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON OCTOBER 28, 2013
PRESENT: Mayor Mike Bomo
ALSO:
Mayor Pro Tern Maria Mark
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Carolyn Woods
Jim Hanson, City Manager
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
The Mayor called the meeting to order at 6:33p.m. in the Commission Chamber.
Item 2 was taken out of sequence and acted on at this time.
2. RESOLUTION NO. 13-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO DESIGNATE STATE ROAD AlA
IN ATLANTIC BEACH, DUVAL AND NASSAU COUNTIES AS A FLORIDA SCENIC
HIGHWAY
Mayor Bomo read the Resolution by title.
Motion: Approve Resolution No. 13-15.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
Mayor Bomo presented the Resolution to Linda Lanier, explaining this supp01is designating a portion
of AlA as a scenic highway. Ms. Lanier accepted the Resolution and further explained this
designation. A slide was shown of the portion of the highway designated in this Resolution.
1. Courtesy of the Floor to Visitors
Mayor Bomo opened the Courtesy of the Floor to Visitors. Mayor Bomo welcomed the audience and
explained the process for public comments.
Teresa Flores, 233 Belvedere St., addressed the Commission regarding the request for a crosswalk at
David St. and Seminole Road. She gave the history of the new crosswalks at Seminole and 11th and
Seminole and 15th and asked that they reevaluate their request for this crosswalk.
Sheri Lawhun, 190 Seminole Road, also addressed the crosswalk at David St. and Seminole Road
stating they need one there because it is very unsafe. She gave a handout to the Commission and
related her concerns regarding her previous requests to various staff for a crosswalk at this location.
Eric Kritsky, 196 Seminole Road, stated this stretch of Seminole Road from the municipal building
to Atlantic on the weekends is a drag strip. He stated they need the crosswalk at David and Seminole
Road for the safety of the pedestrians within this area.
Lou Keith, 1845 Tierra Verde Drive, addressed the Commission regarding agenda item 4C. He
asked if any of the labs were involved in the recent E. coli testing and if they were he believes
consideration should be given to not use them. He stated he believes it was poor judgment that a live
person did not call Ms. Kaluzniak or someone to report this. Related to item 12A, he also asked
Commissioner Mark if the 9:00 a.m. on weekends for cutting lawns would include all contractors, i.e.
building contractors, etc., or is it just going to be for citizens mowing their yards and lawn contractors.
He stated he believes it is bad to single out one contractor and believes it should include everyone.
Donna Mount, 231 Seminole Road, addressed the crosswalk, stating her husband recently had hip
surgery and two knee replacements and he is finding it is harder to cross the street with the traffic. She
believes a crosswalk will be helpful. She also asked for an update on the ordinance on cars parked on
the right-of-way and the streetscape.
Paul Gunsaulies, 780 Begonia Street, addressed the moratorium that was discussed at a previous
meeting for the 15 ft. rule for campers, boats and recreational vehicles. He stated since they didn't
actually vote on it, it didn't actually happen and asked that they readdress that moratorium and follow
through with what they agreed to do previously so he and his neighbors are not in violation until this is
resolved.
Richard Selby, 3 Forrestal Circle N., stated he believes they should put in the crosswalk and if they
are going to put them in over here, they better consider putting them in on Mayport Road. He stated
they have been very negligent about all businesses there.
Mitch Reeves, 1663 Sea Oats Drive, related an incident at the crosswalk at the tennis courts and
stated he can understand their frustration on that road. He also stated he didn't see any of the
Commissioners or City officials at this weekend's Halloween event for the children at town center and
was disappointed he saw no police on the Atlantic Beach side to help the children cross the street. He
stated it could have been due to bad communication but if it was there needs to be some way to open
those communications. He stated he would like to see that corrected next year if it comes up. He
stated his real reason to address the Commission tonight was because of questions he received from
citizens about the agenda of Nov 12. He stated after the new Commission takes their oath the agenda
does not have the Courtesy of the Floor to Visitors and asked if, when the new Commission goes into
session, since it will be a new meeting, will they offer public speaking before that meeting.
No one else from the audience spoke so Mayor Bomo closed the Courtesy of the Floor to Visitors.
2. RESOLUTION NO. 13-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO DESIGNATE STATE ROAD AlA
IN ATLANTIC BEACH, DUVAL AND NASSAU COUNTIES AS A FLORIDA SCENIC
HIGHWAY
-2-
This item was taken out of sequence and acted on earlier in the meeting.
3. Public Hearing on UBEX-13-00100071, 57 West 9th Street. Request for use-by-exception as
permitted by Section 24-111(c)(6), to allow the sale of electric vehicle, including street legal
golf carts, to be located on a property within the Commercial General (CG) zoning district at
57 West 9th Street.
Mayor Bomo read the use-by-exception by title. Mr. Hanson explained there was an error in putting
this on the agenda. He stated they understood the applicant wanted it done quickly, however they
found they did not have time to properly advertise this for the Public Hearing tonight. He stated staff
will explain the staff report but it will have to be acted on at the November 12 meeting. Jeremy
Hubsch explained the use-by-exception stating this is for a different site than previously approved. He
showed slides of the new site and a preliminary site plan, a list of examples of potential uses in CG
zoning, and development standards. He stated the Community Development Board voted 6-0 to
recommend approval. He stated the applicants did want to display some vehicles which they will
bring inside in the evenings and the Commission will need to consider whether to allow that. He
answered questions from the Commission. Ted Jackrel, 13707 Little Harbor Court, (owner of the
business) also answered questions from the Commission.
Commissioner-elect Jimmy Hill asked that the record show that he was in the audience for viewing
purposes only so this can get fast tracked.
Mayor Bomo opened the Public Hearing. No one spoke so he closed the Public Hearing.
Mayor Bomo stated no action could be taken tonight.
Motion: Defer to November 12,2013 on the current Commission's agenda.
Moved by Daughet1y, Seconded by Woods
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
4. ORDINANCE NO. 75-13-19, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II STOPPING, STANDING
AND PARKING TO RENAME PARKING MORE THAN SEVENTY-TWO HOURS
PROHIBITED TO PARKING IN THE RIGHT OF WAY WITH REVISED
REQUIREMENTS AND TO PROVIDE A FINE STRUCTURE FOR VIOLATING THAT
SECTION AND PROVIDING AN EFFECTIVE DATE.
Mayor Bomo read Ordinance No. 75-13-19 by title.
Motion: Approve Ordinance No. 75-13-19.
Moved by Daughet1y, Seconded by Mark
Mayor Bomo explained the Ordinance is revising the parking ordinance to make it easier for the
-3-
Police to enforce parking limits on the right-of-ways.
Mayor Bomo opened the Public Hearing. No one from the audience spoke so he closed the Public
Hearing.
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
5. Crosswalk on Seminole Road at David Street.
Mayor Bomo stated he had asked that this be put on the agenda and explained that Chief Classey
would give a report on this. Chief Classey explained the criteria for putting in crosswalks. He
pointed out that every intersection is a legal crosswalk; it doesn't matter if lines are painted. He stated
lines do not require anything greater from the driver than an unmarked crosswalk. He stated
sometimes there is almost a false sense of security in a marked crosswalk with people thinking if I step
out into it, the car has to stop, which is not true. He explained the car only has to yield or stop for a
pedestrian in the crosswalk if the pedestrian already has control of the crosswalk and a pedestrian is
only able to get that control of a crosswalk by stepping out when it is safe to do so. He stated you
can't just step out in front of a car into a marked or unmarked crosswalk. He stated this crosswalk is
within a school zone and they don't want to encourage people, primarily the kids walking to school, to
cross there because they have a marked crosswalk at Seaspray that is manned by a crossing guard in
the morning and afternoon. He stated that is where they want to direct people to cross at because it is
a much safer place. He further explained additional reasons for not putting in a crosswalk at this
intersection. He also discussed the crosswalks at 11th Street, which he stated has had a crosswalk there
for 20 years, and 151h Street, explaining why these intersections are quite different from David Street.
He answered several questions from the Commission. Discussion ensued.
Mayor Bomo further explained the reason he brought this up was to provide uniformity and to be
consistent. He stated he would lean toward putting the crossing lights and the sign up for pedestrian
crossings. He also mentioned the flashing lights at the school zone remaining so far down Seminole,
at what used to be the original crossing until they shifted it to Seaspray. Chief Classey stated they
asked Duval County Schools to look into that, because it does seem excessively long on the south end,
and they said they don't want to move it. Further discussion ensued.
Rick Carper stated one of the projects on the list to be discussed tonight is to install a sidewalk down
Sturdivant from Seminole Road to Sherry Drive. He stated right now David Street ends at Atlantic
Beach Elementary. He stated they will probably be having this same conversation sometime down the
road for a crosswalk at Sturdivant.
After further discussion Commissioner Beckenbach stated he would like to workshop this item.
Motion: Defer to November 25th Workshop.
Moved by Beckenbach, Seconded by Woods
Discussion ensued.
-4-
Mr. Carper stated he will prepare and release the RFP for the Seminole drainage and streetscape
improvements the frrst week in December so the actual RFP would not be awarded until February and
the Saltair improvements are a month behind that. Commissioner Woods asked if they could discuss
this at the November 25 meeting. Mr. Carper stated they could. He stated he won't have the plans
ready for 6-8 months but they can talk about it in the workshop and getting more guidance from the
Commission helps him refine his RFP before he releases it.
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
6. Board Member Review Committee recommendations for appointments to the Police Officers'
Pension Board of Trustees and the Community Development Board.
Commissioner Daugherty explained the recommendations of the Board Member Review Committee
for the vacancies on the Police Officers' Pension Board of Trustees and the Community Development
Board.
Motion: Reappoint William Tomson and John Wolfel to serve an additional term on the Police
Officers' Pension Board of Trustees.
Moved by Daugherty, Seconded by Bomo
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
Motion: Reappoint Kirk Hansen and Patrick Stratton to serve an additional term on the
Community Development Board beginning January 1, 2014.
Moved by Daugherty, Seconded by Bomo
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
Motion: Appoint Linda Lanier to serve on the Community Development Board for a term
beginning January 1, 2014.
Moved by Daugherty, Seconded by Bomo
Commissioner Mark disclosed Ms. Lanier serves on her Board of a non-profit and asked if she needs
to recuse herself from voting. Mayor Bomo asked if there was a benefit for her getting on the Board.
Commissioner Mark stated no it is all volunteer.
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
-5-
Mr. Hanson pointed out there was a minor change in the wording of the Resolution adopted and to
keep the minutes correct they should make an amendment. He explained on the 4th Whereas there
was a strike out as follows "allowing for an extension of an existing route;".
Motion: Amend Resolution to remove the above wording.
Moved by Woods, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
Mayor Barno called for a vote to pass the Resolution, as amended.
Votes:
Aye: 5-Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
There being no further discussion by the City Commission, Mayor Barno declared the meeting
adjourned at 7:58p.m.
ATTEST
Donna L. Bartle, CMC
City Clerk
-6-
Mike Barno
Mayor/Presiding Officer
MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON OCTOBER 28, 2013
City Commission Members present:
Mayor Mike Bomo
Mayor Pro Tern Maria Mark
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Carolyn Woods
Staff present:
Jim Hanson, City Manager
Alan Jensen, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
The meeting, which was held for the purpose of discussing the agenda items for the Commission
Meeting ofNovember 12,2013, was called to order at 8:04p.m. by Mayor Borno.
Mayor Bomo announced the City Attorney may receive a phone call and if he does he will be
excused to leave the meeting.
1. A.
B.
C.
D.
Approve the minutes ofthe Regular Commission Meeting of October 14,2013.
Approve the minutes of the Special Called Commission Meeting of September 23, 2013.
Approve the minutes ofthe Commission Workshop of September 23,2013.
Approve the minutes ofthe Town Hall Meeting of October 19,2013.
There was no discussion of this item.
2. Courtesy of Floor to Visitors
There was no discussion of this item.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Rep01i.
Mr. Hanson reported on the comment about the police officers at the Halloween event, stating
they approved the permit for that which required off duty officers and whose off duty officers to
use is up to the event organizers. He also reported on a request by some citizens to open the gate
at Dutton at 6:00 a.m. on summer weekends rather than 7:30 a.m. when the park rangers start
their day. He stated the City experimented with this in the summer of2012 and rep01ied the cost
to open the gate early ranged between $4400-6000 for the season and Commission did not
budget for that overtime for FY 2013. He stated staff looked at an electronic lock which would
automatically open the gate and the cost was $4,500, plus $3,500 to power the gate, for a total of
$8,000. He asked if the Commission wanted staff to prepare a budget amendment to do this or
leave it alone. Discussion ensued. It was the consensus of the Commission for staff to prepare
the budget amendment. Commissioner Beckenbach stated they need to advertise that this is
available.
Minutes-City Commission Workshop
Page2
Item 8B was taken out of sequence and acted on at this time.
B. Approval of Special Magistrate for Dangerous Dogs.
October 28, 2013
Mr. Hanson reported on the applicants who were interviewed for the Special Magistrate to hear
the dangerous dog cases, stating staffs unanimous recommendation was to appoint Jeb
Branham, who was in the audience. He explained Mr. Branham's background, stating his rate
will be $175/hr and they estimate expenses to be less than $1000/year. He stated staff's
recommendation is to approve the appointment of Jeb Branham as Special Magistrate. Mayor
Bomo asked if the fee for his services can be transferred back to the person who has the case.
City Attorney Jensen stated expenses can be charged back to those cases. Discussion ensued
regarding reviewing the contract periodically. Jeb Branham addressed the Commission stating
he has no problem working on an at-will basis. He stated if the Commission gets tired of him
and doesn't like what he is doing they should have the right to get rid of him.
Item SA was taken out of sequence and acted on at this time.
A. Renewal of employee benefit insurance policies (health, dental, disability, etc.).
Mr. Hanson introduced Brooks Faison of Harden and Associates to present the benefit changes
for January 1, 2014.
Brooks Faison, Sr. Vice President of Harden and Associates, gave a slide presentation
explaining the 2014 renewal options, reasons for the renewal increase, and the benefit changes to
the core plan. He answered questions from the Commission.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Financial Report, Building Department Monthly Activity
Report, List ofNew Business Taxes and Utility Sales Report for September 2013.
B. Reject all bids for East Coast Drive Drainage and Streetscape Improvements (Bid No.
1213-12).
C. Extend the annual contracts for environmental laboratory services (RFP 1 0-08) for one
additional year to Columbia Analytical Services, Environmental Conservation
Laboratories, and Advanced Environmental Laboratories, Inc. at the current contract
pnces.
D. Extend the contract for Orthophosphate (Bid No. 1011-05) for one additional year to
Carus Phosphates, Inc. at the current contract prices, effective December 1, 2013.
E. Extend the contract for Polymer (Bid No. 1011-03) for one additional year to Fort Bend
Services, Inc. at the cmTent contract prices, effective December 1, 2013.
Minutes -City Commission Workshop
Page3
October 28, 2013
F. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No.
1213-13) in the amount of $32,916.00 for one year, from November 1, 2013 through
October 31, 2014 and authorize City Manager to sign the new contract.
G. Award a contract to J. Collins Engineering Associates, LLC for completing the
Professional Engineering Services for Power Systems and Arc Flash Studies for Water
Treatment Plant Nos. 1 -4 (RFP 13-03) in the amount of $53,975 and authorize the City
Manager to sign the contract.
Commissioner Daugherty pulled item C. (Alan Jensen left the meeting at 8:31.) Public Utilities
Director Donna Kaluzniak explained the reason for having annual contracts with three different
labs is to give us some flexibility. She stated each test they have to tun for water and wastewater
has to be done with a specific method or methods that are approved and the lab has to be
certified for those methods by the Department of Health and the National Environmental
Laboratory Accreditation System. She stated not all labs are certified for all tests and all
methods and this gives us a little flexibility. She stated she did include for renewal Advanced
Environmental Laboratory, which was the lab that did not notify us of the E. coli. She stated she
has removed from them all of the drinking water testing but would like to keep them on board for
a couple of the wastewater tests that are specific methods that the other laboratories don't do.
She stated all three labs have sent her signed agreements that for any unusual, problematic
positive bacteriological we will be notified immediately. She stated Advanced Environmental
Laboratory knew that we were very displeased with our lack of proper notification. She stated if
the Commission does not want to use them, staff will come up with a Plan B. She answered
questions from the Commission. Discussion ensued.
Commissioner Daugherty also pulled item F. Public Works Director Rick Carper explained why
he is not recommending awarding the bid to the low bidder, stating he is recommending staying
with Beachcombers North, due to their outstanding performance for the five years they have
been working for him and the fact that they were the only one that met the qualification
standards we put in our bid package for beach cleaning experience. He answered questions from
the Commission. Discussion ensued.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
None.
8. Miscellaneous Business
A. Renewal of employee benefit insurance policies (health, dental, disability, etc.).
This item was taken out of sequence and acted on earlier in the meeting.
B. Approval of Special Magistrate for Dangerous Dogs.
Minutes-City Commission Workshop
Page 4
This item was taken out of sequence and acted on earlier in the meeting.
9. City Manager
A. City Manager's Report.
October 28, 2013
Mr. Hanson reported on an intent to sue letter received related to a building permit issued to a
property on Beach Avenue. He stated this has been turned over to the City's insurance company.
He stated the strategic planning quarterly report was distributed and if the Commission has any
questions, give him a call.
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment of Retiring Commission
Oath of Office for New Commission
• Jonathan Daugherty-Commissioner Seat 5
• Jimmy Hill -Commissioner Seat 4
• Carolyn Woods -Mayor-Commissioner Seat 1
Call to Order of New Commission
11. Recognition of Outgoing Commissioners
A. RESOLUTION 13-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING
MAYOR LOUIS "MIKE" BORNO, JR. FOR HIS DISTINGUISHED PUBLIC
SERVICE.
Discussion ensued regarding the new Commission adding a Courtesy of Floor to visitors
after they take office.
12. Comments from Mayor and Commissioners
The Commission invited Commissioner-elect Jimmy Hill to come to the table during the rest of
the meeting.
A. Amend noise ordinance to prohibit lawn work before 9:00 a.m. on weekends.
Commissioner Mark explained a citizen called her to add to the noise ordinance that commercial
lawn companies not start before 9:00 a.m. on Saturday and Sunday and another asked about not
allowing commercial construction on Sunday. Discussion ensued. Commissioner Mark stated
she will put this agenda item on the workshop for discussion on November 25 and they will see
what the feedback is from the citizens.
Minutes-City Commission Workshop
PageS
B. Project List.
October 28, 2013
Commissioner Mark stated she would like to have a workshop to look at the project list, discuss
the items and prioritize each. Discussion ensued. The consensus of the Commission was to have
a workshop on the project list at 5:00p.m. before the December 9 meeting.
C. Report on Solid Waste Contract.
Mr. Hanson reported the City's sanitation contract will expire next summer and normally
we would be sending out bids now because the contractor needs several months to
complete the order of equipment. He stated due to the City's negotiation with
Jacksonville they don't know what to put in the bid specs. He reported on the issue with
the tipping fees and proposed compromise with Jacksonville. Commissioner Daugherty
disclosed he received a contribution to his campaign fund from one of the waste haulers.
Discussion ensued. Mr. Hanson stated he will brief Commissioner-elect Hill on the
background of the tipping fee issue. The Commission directed staff to get an update from
Council President Gulliford. Mr. Carper stated he will ask the present hauler if they will
extend for six months, in writing, and will report back at the November 12th meeting.
Mr. Hanson and Mr. Carper answered questions from the Commission.
D. Design for remodeling and expansion of Police Building.
Commissioner Woods stated, at the workshop, it was decided the Commission would set
parameters for an RFP. Commissioner Daugherty stated his parameters were that it be on
this side of creek; look at phased construction (addition or separate bldg); move staff to
that building; and a sally port area should be an add alternate. Discussion ensued. It was
the consensus to have another workshop at 5:30p.m. on November 18 for the purpose of
giving the parameters of RFP including leaving the meeting with a clear picture of what
they are going to build related to the content and purpose.
E. Discussion of possible moratorium on enforcement of restrictions for boat and
trailer parking in front yards.
Commissioner Daugherty stated it was his understanding when they previously discussed this
that there would be a moratorium on enforcement until a decision was made, however they didn't
vote to do that. He stated he would like to bring it up as an action item on the November 12
meeting to place a moratorium until the decision is made by the Community Development
Board. Discussion ensued. Commissioner Daugherty stated a lot of people are getting 1 0-day
notices so until the Community Development Board makes a decision, he believes we should
hold off on these tickets like they had discussed. Building and Zoning Director Mike Griffin
explained the process stating he believes the Community Development Board will make a
recommendation at their next meeting on November 19. Discussion ensued. It was the
consensus to have the moratorium on the entire City until they vote on it in December.
Commissioner-elect Hill stated the community is a water-surrounded island and boats,
specifically, are a quality oflife issue that makes Atlantic Beach part of what it is and he would
like to go on record that he would like to not restrict access to quality of life issues as often as
possible. Discussion ensued. Commissioner Daugherty clarified what he is proposing is that on
Minutes-City Commission Workshop
Page6
October 28, 2013
the meeting on November 12 they do a moratorium on the enforcement of this until this is
considered by the Community Development Board.
Commissioner Woods discussed the proposed letter to the FDOT that she distributed.
Adjournment
There being no further discussion by the City Commission, Mayor Bomo declared the meeting
adjourned at 10:10 p.m.
Donna L. Bartle, CMC
City Clerk
MikeBomo
Mayor
*Formal action (if needed) will be taken at the Commission Meeting ofNovember 12, 2013.
November 18, 2013
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Ji~ Hans~ __ c.ty~r
SUBJECT: Follow-uv ~eport
AGENDA ITEM# 3A
DECEMBER 9, 2013
SALT AIR Drainage Project; Included in the City's approved FY 2014 budget for the Storm
Water Fund is the reconstruction of the swale system in the SALT AIR Subdivision in the amount
of $250,000. This project will reestablish the drainage swales that have been filled in since the
original construction of the subdivision. Many of these and create blockages and the City has
received complaints about yard and driveway flooding for several years.
During the budget workshops earlier this year, the possibility of some neighborhood residents
opposing the project was discussed. Some of them may have extensive work done in right of way
in front of their houses, but have no flooding problems themselves. The filling in of one yard
often causes for flooding upstream on other properties.
It was concluded that the City would send out a survey to neighborhood residents to gage their
support before the project is sent to bid. A mailed survey has been sent and results tabulated.
Two hundred and nineteen surveys were sent out and 105 responses were received. Staff
inadvertently sent surveys to residents and owners in four blocks in the neighborhood that would
not be affected by the project, so the results were tabulated for the blocks that were affected
versus those that were not. Of the blocks affected, 56 (80%) of the owners and residents
supported the project and 14 (20%) opposed. A copy of the survey tabulation along with the
questionnaire is attached to this report.
Unless otherwise instructed by the City Commission, staff will proceed with this project and
attempt to minimize the inconvenience to residents wherever possible.
SAL TAIR Drainage Improvement Project Survey Results
Street Support the Project Do Not Support the Proj ect
Sylvan Street 7 3
Pine Street
(1 00 Block) 10 4
Poinsettia Street
(100 Block) 15 3
(200 Block) 8 1
Magnolia Street
(100 Block) 14 3
David Street 2
Total 56 14
Pine Street
(200 Block) 8 4
(300 Block) 1
Magnolia Street
(200 Block) 12 4
(300 Block) 5 1
TOTAL 25 10
D Lndicates Blocks that were inadvertently mailed a survey for the drainage system reconstruction.
October 17, 2013
Property Owner
Address
Atlantic Beach, FL 32233
Subject: Survey of Support for Drainage System Reconstruction
Dear Property Owner,
AGENDA ITEM# 3A
DECEMBER 9, 2013
The Saltair Subdivision was originally constructed with a system of roadside swales to allow stormwater to flow out of the
subdivision. In many areas, the stormwater system no longer works as it was designed due to filling in of the swales.
This results in standing water in many of the driveways on Magnolia, Pine and Poinsettia Streets as well as Sylvan Drive.
The City of Atlantic Beach has budgeted funds to reconstruct the swale system so that it works as originally designed.
However, this will result in the regrading of the right-of-way in front of many homes. The City will re-sod the areas after
the regrading, but it will be the resident's responsibility to move any decorative plants that are in the right-of-way. This
project is funded by the City and there will be no cost to the residents or property owners.
Before moving ahead with this project, the City would like to have your feedback as to support or objection to the
proposed improvements. Please fill-in the following survey information and return it to the City of Atlantic Beach in the
enclosed stamped envelope.
If you have any questions or need any additional information feel free to either call or e-mail Rick Carper, Public Works
Director for the City of Atlantic Beach at (904) 247-5834 or rcarper@coab.us.
Thank you for your assistance. I am,
Very truly yours,
Jim Hanson
City Manager
Should the City of Atlantic Beach reconstruct the
swale system in the Saltair Subdivision?
I am the homeowner living in the Saltair
Subdivision
D
Support the Project Do Not Support the Project
D [ __ -]
I am a renter living in the Saltair I am a property owner living
Subdivision outside of the Saltair Subdivision
D D
BUILDING DEPT. MONTHLY ACTIVITY REPORT
COMPARISON REPORT
REPORT FOR THE MONTH OCTOBER 2013
COMPARISION 2012 -2013
PERMIT TYPE NUMBER OF PERMITS i I TOTAL INSPECTIONS I YTD 2012 YTD 2013 YTD 2012 YTD 2013 YTD 2012 YTD 2013
SINGLE FAMILY 24 I 19 $ 7,862,045.00 $9,820,700.00
DUPLEX 0 0 $ -$0.00
REMODEUADDITIONS 268 221 $ 4,353,182.00 $3,466,132.00
COMMERCIAL NEW 0 1 $ -1$ 26,880.00
OTHER 2110 1792 $ 8,614,937.00 $ 6,278,525.00
TOTAL 2402 2033 $ 20,830,164.00 $19,592,237.00 4019 I 3983
PERMITS ISSUED FOR THE MONTH OF SEPTEMBER 2013
NO. PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED
SINGLE FAMILY 10 $ 13,202.00 $ 5,270,400.00 BUILDING I 97
NEW DUPLEX MULTI FAM 2 $ 1,110.00 $ 250,000.00 ELECTRICAL 49
RESIDENTIAL ADDITIONS 4 $ 2,609.00 $ 80,000.00 PLUMBING 36
COMMERCIAL NEW 1 $ 185.00 . $ 26,880.00 MECHANICAL 40
COMERCIAL ADDITIONS 0 $ -$ -MISC. 52
COMMERCIAL ALTERATIONS 2 $ 3,263.00 $ 1 ,261,500.00
PERMITS MISC 17 $ 1,855.00 $ -TOTAL 274
ELECTRICAL 36 ,$ 3,299.00 $ -
MECHANICAL GAS 4 $ 630.00 $ -.Projects to Note: New Du~lex
MECHANICAL HVAC 15 $ 1,677.00 $ -60 W. 10th St. $125,000.00
PLUMBING 21 .$ 2,863.00 $ -62 W. 10th St. $125,000.00
ROOFING 12 $ 1,130.00 $ 102,075.00
WINDOW/DOOR 8 $ 895.00 $ -Projects to Note: New Dwelling
DEMOLITION 3 'II .;)UU.UU ;p -AddressNaluation
REINSPECTION FEES 0 $ -$ -860 Paradise Ln I$ 264,000.00
PERMIT RENEWALS 0 $ -$ -1500 W. Park Ter $ 289,700.00
OCCUPANCY INSPECTIONS 8 $ 800.00 $ -870 Paradise Ln $ 261,400.00
PENALTY FEES 3 $ 230.00 $ 1,500.00 951 Paradise Cir $ 265,500.00
SIGNS 2 $ 130.00 $ -1861 Paradise Cir $ 264,200.00
FENCES 1 $ 35.00 $ -96 Ocean Blvd $ 350,000.00
DRIVEWAYS 4 $ 140.00 $ -45 Robert Street $ 114,700.00
WELL 0 $ -$ -587 Beach Ave $ 2,750,000.00
SIDING 1 $ 105.00 $ 10,888.00 1322 Ocean Bl $ 375,900.00
POOL 2 $ 400.00 $ 60,000.00 378 6th St. $ 335,000.00
TOTAL, 156 $ 34,858.00 $ 7,063,243.00
I
LICENSE ACTIVITY REPORT BY BUSINESS NAME PRE~ARED ;Ll/19/13, 11: 44: 38
City of Atlantic Beach
PROGRAM OL122L
NEW LICENSES FOR ALL YEARS BETWEEN: 10/01/13 TO 10/31/13
DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES
LIC #
14-00007893
14-00007894
14-00007857
14-00007868
14-00007864
14-00007890
14-00007853
14-00007855
14-00007856
14-00007867
13-00007734
14-00007859
14-00007862
14-00007886
BUSINESS NAME
BUSINESS ADDRESS
ISSUED TYPE CLASSIFICATION
BUS PHONE #
AAA OVERHEAD DOOR INC 10/25/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
682 STURDIVANT AVE 904-241-9989
ATLANTIC BEACH FL 32233
AAA OVERHEAD DOOR INC 10/25/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST
682 STURDIVANT AVE 904-241-9989
ATLANTIC BEACH FL 32233
ACCIDENT INSURANCE COMPANY, IN 10/01/13 NEW INSURANCE COMPANY
OUTSIDE CITY 803-754-2942
ATLANTIC BEACH FL 32233
ADESSA DESIGNERS 10/03/13 NEW COSMETOLOGIST
31 ROYAL PALMS DR 02 904-249-7711
ATLANTIC BEACH FL 32233
ALLIED PROPERTY & CASUALTY INS 10/03/13 NEW INSURANCE COMPANY
OUTSIDE CITY 614-677-8166
ATLANTIC BEACH FL 32233
AMFIRST INSURANCE COMPANY 10/25/13 NEW INSURANCE COMPANY
OUTSIDE CITY 601-956-2028
ATLANTIC BEACH FL 32233
CMFG LIFE INSURANCE COMPANY 10/01/13 NEW INSURANCE COMPANY
OUTSIDE CITY 608-231-7199
ATLANTIC BEACH FL 32233
CREATIVE NAILS & SPA 10/01/13 NEW COSMETOLOGY SALON
987 ATLANTIC BLVD 904-241-2747
ATLANTIC BEACH FL 32233
CREATIVE NAILS & SPA 10/01/13 NEW NAIL SPECIALIST
987 ATLANTIC BLVD 904-241-2747
ATLANTIC BEACH FL 32233
CREATIVE NAILS & SPA 10/10/13 NEW NAILS/SKIN CARE (FULL SPECIALIST)
987 ATLANTIC BLVD 904-241-2747
ATLANTIC BEACH FL 32233
CUSTOM ADDICTION HYDROGRAPHICS 10/01/13 NEW SCREEN PRINTING
510 MAYPORT RD UNIT 01 904-316-5139
ATLANTIC BEACH FL 32233
CYNTHIA L JEAN 10/01/13 NEW BOOKKEEPING
2038 DUNA VISTA CT 904-631-3095
ATLANTIC BEACH FL 32233
DEPOSITORS INSURANCE COMPANY 10/03/13 NEW INSURANCE COMPANY
OUTSIDE CITY 614-677-8166
ATLANTIC BEACH FL 32233
DESIGNED FOR ABUNDANT LIFE MIN 10/16/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
157 POINSETTIA ST 904-485-6172
ATLANTIC BEACH FL 32233
PAGE 1
u> m~ Qz
~~ m-;;o..., \Om
" ~ ~* -.j:>. W;J>
LICENSE ACTIVITY REPORT BY BUSINESS NAME PRE-£ARED ;11/19/13, 11:44:38
City of Atlantic Beach
PROGRAM OL122L
NEW LICENSES FOR ALL YEARS BETWEEN: 10/01/13 TO 10/31/13
DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES
LIC # BUSINESS NAME
BUSINESS ADDRESS
14-00007873 EZPAWN FLORIDA,INC.DBA VALUE
1099 ATLANTIC BLVD
ATLANTIC BEACH FL 32233
14-00007851 FOUNDATION SYSTEMS, INC.
205 EDGAR ST
ATLANTIC BEACH FL 32233
14-00007854 HUMANA INSURANCE COMPANY
OUTSIDE CITY
ATLANTIC BEACH FL 32233
ISSUED TYPE CLASSIFICATION
BUS PHONE #
10/03/13 NEW GUNS/FIREARMS DEALER
512-314-3465
10/03/13 NEW ENGINEER
904-241-4425
10/01/13 NEW INSURANCE COMPANY
502-580-3712
14-00007888 ISLAND HEATING & AIR CONDITION 10/25/13 NEW AIR CONDITIONING/HEATING (FIRM/CORP.
751 CAVALLA RD 904-333-6749
ATLANTIC BEACH FL 32233
14-00007889 ISLAND HEATING & AIR CONDITION 10/25/13 NEW MISCELLANEOUS PROFESSIONAL
751 CAVALLA RD
ATLANTIC BEACH FL 32233
904-333-6749
14-00007840 K & T NURSERY
455 SELVA LAKES CIR
ATLANTIC BEACH FL 32233
10/03/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
904-755-4485
14-00007861 NATIONAL CASUALTY COMPANY
OUTSIDE CITY
ATLANTIC BEACH FL 32233
10/03/13 NEW INSURANCE COMPANY
14-00007865 NATIONWIDE INSURANCE CO. OF AM 10/03/13 NEW INSURANCE COMPANY
OUTSIDE CITY
ATLANTIC BEACH FL 32233
14-00007866 NATIONWIDE INSURANCE CO. OF FL 10/03/13 NEW INSURANCE COMPANY
OUTSIDE CITY
ATLANTIC BEACH FL 32233
14-00007846 SENTRY LIFE INSURANCE COMPANY 10/02/13 NEW INSURANCE COMPANY
OUTSIDE CITY
ATLANTIC BEACH FL 32233
614-677-8166
614-677-8166
715-346-6398
14-00007876 TCI MECHANICAL, INC.
41 W 6TH ST
10/10/13 NEW MECHANICAL CONTRACTOR (FIRM/CORP.)
904-524-8200
ATLANTIC BEACH FL 32233
14-00007877 TCI MECHANICAL, INC.
41 W 6TH ST
ATLANTIC BEACH FL 32233
14-00007891 THE HANCOCK FIRM, P.A.
675 ATLANTIC BLVD 681
ATLANTIC BEACH FL 32233
14-00007892 THE HANCOCK FIRM, P.A.
675 ATLANTIC BLVD 681
ATLANTIC BEACH FL 32233
10/10/13 NEW MISC. CONTRACTOR, OTHER THAN LISTED
904-524-8200
10/25/13 NEW ATTORNEY FIRM/CORPORATION
904-982-7212
10/25/13 NEW ATTORNEY
904-982-7212
PAGE 2
LICENSE ACTIVITY REPORT BY BUSINESS NAME PRE.2ARED 11/19/13, 11: 44:38
City of Atlantic Beach
PROGRAM OL122L
NEW LICENSES FOR ALL YEARS BETWEEN: 10/01/13 TO 10/31/13
DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES
LIC # BUSINESS NAME
BUSINESS ADDRESS
14-00007860 TITAN INSURANCE COMPANY
OUTSIDE CITY
ATLANTIC BEACH FL 32233
14-00007858 TRUSTMARK INSURANCE COMPANY
OUTSIDE CITY
GRAND TOTALS
AC:
PP:
IN:
VO:
PG:
BR:
OB:
UC:
LIC:
ATLANTIC BEACH FL 32233
NEW LICENSES -------------
30
0
0
0
0
0
0
0
30
ISSUED TYPE CLASSIFICATION
BUS PHONE #
10/03/13 NEW INSU~CE COMPANY
614-677-8166
10/01/13 NEW INSURANCE COMPANY
847-615-1500
PAGE 3
City of Atlantic Beach, Fl.
Utility Sales Report
October 2013
Gallons Actual Revenue
Water Sales Accounts 0000 Revenue Per 1,000 gl Accounts
Atlantic Beach 5,628 37,980 $143,572 $3.78 5,609
Buccaneer 2,461 19,099 $86,778 $4.54 2,473
Total Water Sales 89 57,079 $230,350 $4.04 8,082
Gallons
Water Plant Production 0000
Atlantic Beach 46,510
Buccaneer 15,034
Total Production 61,544
Total Water Billed 57,079
Water Loss for month: 4,465
Percentage Loss 7.25%
Total12 mo. Avg. Loss 9.67%
Gallons Actual Revenue
Sewer Sales !Accounts 0000 Revenue Per 1,000 gl Accounts
Atlantic Beach 5,224 35,349 $248,969 $7.04 5,184
Buccaneer 2,355 19,189 $183,795 $9.58 2,367
Total Sewer Sales 7,579 54,538 $432,764 $7.94 7,551
Gallons Actual Revenue
Sewer Treatment 0000 Revenue Per 1,000 gl
Atlantic Beach 51.887 $432,764 $8.34
Total Sewer Treated 51.887 $432 764 $8.~
October 2012
Gallons Actual
0000 Revenue
37,968 $142,737
16,481 $88,882
54,449 $231,619
Gallons
0000
42,917
17,834
60,751
54,449
6,302
10.37%
16.10%
Gallons Actual
0000 Revenue
30,422 $234,444
18,284 $174,874
48,706 $409,318
Gallons Actual
0000 Revenue
62.019 $409,318
62.019 $409,318
AGENDA ITEM# 4A
DECEMBER 9, 2013
Revenue
Per 1,000 gl
$3.76
$5.39
$4.25
Revenue
Per 1,000 gl
$7.71
$9.56
$8.40
Revenue
Per 1,000 gl
$6.60
$6.60
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Extension of Utility Contractor Annual Contract
Bid No. 1011-02
SUBMITTED BY: Donna Kaluzniak, Utility Directo~
DATE: November 4, 2013
STRATEGIC PLAN LINK: None
AGENDA ITEM# 4B
DECEMBER 9, 2013
BACKGROUND: The City's annual contract with Gruhn May, Inc. for Utility Contractor will expire
on January 10,2014.
Gruhn May has performed utility contracting for the City for many years. This work requires
specialized skill, experience and equipment. Gruhn May's personnel have the required background,
knowledge, experience and equipment. The fees charged by Gruhn May for labor and materials have
been very reasonable and competitive. Also, their knowledge of our system has allowed them to come
up with cost-saving solutions to problems and to handle emergencies efficiently.
The existing contract was for three years, and allows the City to renew the contract for two additional
1-year periods as long as the contractor agrees and the City is satisfied with the service. The vendor
has agreed to renew his contract, and staffhas been pleased with the performance of this contractor.
BUDGET: These services are used on an as-needed basis, and funding is included in the Water and
Sewer Funds in the amount of approximately $85,000 under account numbers 400-5504-533-3400,
410-5506-535-3400, and 410-5508-535-3400.
RECOMMENDATION: Extend the Utility Contractor contract for one additional year to Gruhn
May, Inc. at the current contract prices, effective January 11, 2013.
ATTACHMENTS: 1. Letter of agreement to extend contract from Gruhn May, Inc.
November 4, 2013
Mr. Gordon Gruhn
Gruhn May, I no.
6897 Phillips Parkway Dr. N.
Jacl(sonvllle, FL 32256
RE: Extension of Bid No. 1 011·02
Dear Mr. Gruhn:
AGENDA !TEM /1 48
D!ZCEMBElt 9. 2013
As you are aware, the annual contract wit11 the' City of Atlantic Beach for Utility Contractor expires on
January 10, 2014. We would like to extend the contract for another year at the current prices If this Is
acceptable to your company.
If acceptable. please sign below and return to me by November 11, 2013 so I can prepare a staff report
for the City Commission.
We look forward to recommending that we CDnltinue our contract with your company.
Slnoerely, ~=-~ Utility Director
GRUHN MAY, INC. AGREES TO EXTEND THE CONTRACT WITH THE CITY OF ATLANTIC BEACH
AT THE PRICES SUBMITIED IN BID NO. 10'11-02 FOR AN ADDITIONAL YEAR, EFFECTIVE
J:N~ Gord~ I V..¢3
Public Utilities Department 1200 Sandpiper lane
Atlantic Beach, FL 32233
(904) 247-5834
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
t\Gt::NDA ITEM II 4C
DF.CEMBf.m 9, 2013
AGENDA ITEM! Bid Award for ADA Pedestrian/Bicycle Trail at Tideviews
SUBMITTED BY: Rick Carper, P.E., Public Works Director p::.c__
DATE: November 8, 2013
STRATEGIC PLAN LINK: 6. Marsh Master Plan.
BACKGROUND: The City applied for and received a matching grant from FDEP's
Coastal Partnership Initiative for installation of an ADA Pedestrian/Bicycle Trail at
Tideviews (PW 1401 ). This trail will connect the Tideviews Parking area to the
existing wooden boardwalk enabling ADA compatible access to Sunset Pier and is
the first phase of the planned Preserves Multi-Purpose Path connecting Tideviews
Preserve to the Dutton Island Preserves. The City designed and solicited requests
for Bid #1314-02 for the construction of the ADA path at Tideviews. Four (4}
contractors submitted bids as shown on the attached bid tab. F & G Construction
submitted the lowest bid at $39,848.00 ahd the other 3 submitted costs around
$53,000. References were checked and were satisfactory for the low bidder.
BUDGET: The Fiscal Year 13-14 budget allocated $35,000 in account 320-6040-572-
6300 for construction of this ADA Trail segment. This account includes $300,000 for
other Marsh Projects (PW1409). The additional $4848.00 will be transferred from that
project within the same budget to complete construction.
RECOMMENDATION; The Commission award the construction contract to F & G
Construction for $39,848.00 to complete the Tideviews ADA Trail using the funds in
account 320-6040-572-6300 to fully fund the project and authorize staff to sign
associated paperwork.
ATTACHMENTS: 1. Bid #1314-02 Tab
BID 1314-02
Required Documents
Submission in Triplicate
Document Requirements Checklist
Bid Form
Bid Bond in the Amount of 5% of Bid
Insurance
W-9 Form
Public Entity Crimes Statement
Drug Free Workplace
Proof of Experience (5 years)
General Contractor's License
Financials for past two (2) years
References (5)
Workers' Compensation Ratings
Agree to Base Bid Statement
Documentation of Receipt of Any Addenda
LUMP SUM FOR ADA PEDESTRIAN/BICYCLE TRAIL AT TIDEVIEWS
PRESERVE
City of Atlantic Beach
ADA Pedestrian/Bicycle Trail at Tideviews
October 16, 2013
BGCO, Inc Duval Asphalt
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X NO
X X
X X
X NO
N/A N/A
$54,100.00 $53,000.00
3:00PM
F & G Construction Kirby Development
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
Yes. Included statement the
financials are on file from
X previous bid.
X X
X X
NO X
N/A N/A
$39,848.00 $53,065.00
***F&Gtonstrll~ctlon .. llas··lleeriwork'ingllndertillsbusinessnametortllreeyears~iierAIA'DocumeritfriciuaeawJi:llbia:f:'ormertYknownasF&G constrllctlonol'Jai:ksonville. ·
Award of Bid based on Department Analysis and Commission Approval
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT (DRAFT)
AGENDA ITEM: Annual Contract for Welding Troubleshooting and Repair
Bid No. 1314-01
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Directo@
DATE: November 13,2013
AGENDA ITEM# 4D
DECEMBER 9, 2013
BACKGROUND: The Public Utilities Department at times requires the services of
certified welders and metal fabricators. Bids were advertised and invitations sent to 8
contractors. One bid was received on November 13, 2013.
Description Hutchinson Welding &
Repair
Hourly Rate
Journeyman Structural $55.00
Worker
1st Class Pipefitter $55.00
2na Class Pipefitter N/A
Helper $35.00
Subtotal $145.00
Profit & Overhead% 0
Profit & Overhead $0.00
Amount
Total $145.00
The responsive low bidder was Hutchinson Welding & Repair, LLC.
BUDGET: Funds for Welding Troubleshooting and Repair were budgeted in the
Water and Sewer Treatment and Sewer Collection funds in the amount of$25,000 under
account nos. 400-5502-533-3400,410-5508-535-3400, and 410-5506-535-3400.
RECOMMENDATION: Award the annual contract for Welding Troubleshooting and
Repair to Hutchinson Welding & Repair, LLC at the prices submitted in Bid No. 1314-
01.
ATTACHMENTS: 1.
2.
Bid tabulation for Bid No. 1314-01
Bid analysis for Bid No. 1314-01
City of Atlantic Beach
Welding Troubleshooting and Repair for Public Utilities
November 13, 2013
BID 1314-01 3:00PM
Hutchinson Welding
Required Documents
Submission in Triplicate-All Documents X
Document Requirements Checklist X
Bid Form X
Insurance Certificate X
References -Three (3) X
Business Tax Receipt X
Welding & Pipe Fitter Certifications X
Drug Free Workplace X
Public Entity Crimes Statement X
W-9 Form X
Documentation of Any Addenda: N/A
: ' ' '• :,'
TOTAL AMOUNT OF HOURLY RATES WITH OVERHEAD & $145 (total not written in by bidder)
PROFIT
50%
PREMIUM FOR WEEKEND OR HOLIDAY WORK(%)
10%
CONTRACTOR'S MARKUP FOR MAERIALS (%)
Award of Bid based on Department Analysis and Commission Approval
City of Atlantic Beach
Welding Troubleshooting and Repair for Public Utilities
November 13, 2013
BID 1314-01 3:00PM
Hutchinson Welding
' '
Hourly Rates:
Journeyman Structural Worker $55.00
1st Class Pipefitter $55.00
2nd Class Pipefitter -
Helper $35.00
SUBTOTAL $145.00
Overhead & Profit % (% of Labor) 0%
Premium for Weekend or Holiday Work (%, if applicable) 50%
Contractor's Markup for Materials 10%
TOTAL HOURLY COST (LABOR+ 0 & P) $145.00
TOTAL HOURLY COST FOR HOLIDAYS & WEEKENDS $217.50
TOTAL HOURLY COST WITH CONTRACTOR'S MARKUP-FOR $159.50 MATERIALS
Award of Bid based on Department Analysis and Commission Approval
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM /14E
DECEMBER 9. 20 13
AGENDA ITEM: Beach Cleaning Annual Contract Bid No. 1213-13
SUBMITTED BY: Rick Carper, P.E., Public Works Director ' '
DATE: October 4, 2013
STRATEGIC PLAN LI NK: No link, Beach Cleaning Services included in Annual Budget
BACKGROUND: On September 25, 2013, a bid opening was held for the Annual
Contract for Beach Cleaning and Ral<ing for the new fiscal year (12-month period).
Because of the nature and sensitivity of dealing with sea turt les during the hatching
season (March 1 -October 31 ), the bid specifications were revised to place more
emphasis on the requirements and protocol of operating on the beach with equipment
during this season. The Cily requested the bidders supply three references with
similar project experience in order to secure a beach cleaning company familia r with
handling these unique requirements.
The City received four (4) responses from companies as shown on the Bid Tab.
Although Beachcombers was not the low bid, they were the only responder to show
actual beach cleaning experience.
Beachcombers North, Inc. has provided the City with beach cleaning services since
the 1990's. They have demonstrated excellent professionalism and knowledge in
performing their services. During the last 6 years that Public Works has managed the
beach cleaning contract, very few issues have come up and only one incident
regarding the sea turtles occurred which was quicldy discussed and addressed to
avoid similar problems in the future. Beachcombers has shown they will "do what it
takes" to ensure services are provided properly with concern for the turtles being
paramount while still keeping the beaches clean.
BUD~ET: The new fiscal year budget includes $33,000 in account 001-6020-572-3400
(Parks Maintenance, Contractual Services).
RECOMMENDATION: Due to the need for experience in this type of service, staff
recommends awarding the contract to Beachcombers North, Inc. in the amount of
$32,916.00 for one year, from November 1, 2013lhrough October 31, 2014, and
authorizing the City Manager to sign the new contract. This cost is the same as the
City has paid for the past four years.
ATTACHMENTS: 1. Bid Tab
REVIEWED BY CITY MANAG~R_;_=-=-=-~-.::::-..·~=-------------
(
BID 1213-13
Required Documents
Submission in Triplicate -All Documents
Document Reguirements Checklist
Bid Form
Insurance Certificate
References -Three
Business Tax Receipt Receipt (formerly Occupational
License) and any License Required Within this Field
Drug-Free Workplace
Public Entity Crimes Statement
W-9 Form
.., ~:Y ~·tt .. ~., ._,, "'' !o~t;.~~' ~l~~j.<'" . ,. >' .,,. + ~~,:; ''; '"::!' 'rll' . .. :¥:::.
TOTAL ANNUAL COST (S2 WEEKS PER YEAR)
City of Atlantic Beach
Annual Contract for Beach Cleaning
September 25, 2013
Beachcombers North, Inc. Faith Construction Group, Inc.
X X
X X
X X
X X
X X
X X
X X
X X
X X
f.~~ ·~,~·. .·~. . $:~:~; ": ,~ I'!;~ 1'' ~~.-·. . . ~j ' ~~Ito.;~~.~~:;-~~;,~ ~;~'l:)
$32,916.00 $28,912.00
Foreman Services
X
X
X
X
X
X
X
X
X
.h~j •) c1~,-~ ~,~?; _., r . . :~: ~' .. ,.,.;. .•. :1!:· • ' ~"~ *'!
$27,820.00
Award of Bid based on Department Analysis and Commission Approval
3:00PM
Service Group 360 Int., LLC
X
X
X
X
X
X
X
X
X
I ~l~t~·r<'%,· ·~ ·r •' ~.
·"" <
$49,764.00
Carper, Rick
To: Hanson, Jim
Subject: Beach Cleaning (Raking) Follow-Up
Jim, following information regarding raking of beaches is provided:
AGENDA ITEM # 4E
DECEMBER 9, 20\3
From Trey Hatch, FDEP Beaches and Coastal Systems rep, (the original source of the comment to Jax Beach
PW that discussions were underway about disallowing raking on beaches). The discussions between FDEP
and Fish and Wildlife Services took place about two years ago and primary concern was for beaches (mostly
South Florida) where beaches are groomed and raking is done much more frequently than we do (some places
rake daily). No forward motion or action taken on the discussions. Raking is allowed as long as rack is not
removed from the beach.
I also talked with Kevin Bodge regarding raking -he says in an ideal, natural beach system we would not rake
the beaches because of the nutrients and habitat contained in the seaweed rack. However, we (and much of
Florida) do not have natural beach systems, we have urban beaches, which in most of the state are raked to
meet the needs and desires of residents and tourists. Raking is an accepted practice throughout the state of
Florida.
I talked with Ty Edwards after the last workshop on how Jax Beach does Beach Cleaning:
They have Beachcombers on their beach seven days per week, manually cleaning and emptying
trash cans (both on beach and at street ends) at a cost of -$65/day/mile. They rake the beach once per week
at a cost of $142/ mile of beach per week (raking cost only).
We have Beachcombers on our beach four days per week, manually cleaning and emptying trash cans
(beach only)-our cost -$45/day/mile. They rake our beach once per week at a cost of $190 for 2.46 miles of
beach ($77.23/ mile of beach per week-raking cost only}.
The difference between service levels that has been brought up several times is that in Jax Beach,
Beachcombers empties the street end cans, where they do not in AB. In Jax Beach, the street end cans are
mostly in commercial areas or parking lots, where the Beachcomber tractor and trailer do not look out of place.
In AB, our walkways are much longer than Jax Beach's, with street end toters generally located some distance
from the beach, and only two accesses with significant parking (18th, 19th).
Ricky L. Carper, P.E.
Public Works Director/City Engineer
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233
rcarper@coab.us
PH: (904) 247-5834
Fax: (904) 247-5843
Florida Public Works -First to Respond, Last to Leave
www.apwaflorida.com
1
AGENDA ITEM# 4F
DECEMBER 9, 2013
_-\GENDA ITEM NO. ----DATE: ________________ _
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Radio Services Agreement
DATE: November 14, 2013
SUBMITTED BY: Michael D. Classe~fofPolice
SRATEGIC PLAN LINK: N/A
BACKGROUND:
The City of Atlantic Beach (CoAB) has been utilizing the City of Jacksonville (COJ)
radio system for many years. These are 800 MHz radios which CoAB owns, but the
radios rely upon the COJ repeaters and infra structure to operate.
The Police Department has the vast majority of the radios which are used for all police
communications. The system has inter-operability with other area law enforcement
agencies as well. Other CoAB departments have some ofthese radios predominantly for
use during a hurricane or other emergency.
Jacksonville has been charging a per unit monthly fee to all end users of their system for
several years. The current monthly cost per unit is $52.29. This year COJ has requested
Atlantic Beach to sign a Radio Services Agreement which details the specifics of the
services provided and costs for such services.
BUDGET: Approximate city wide annual budget $52,000. These funds have already
been included in the FY 2013-14 budget.
RECOMMENDATIONS: To authorize the City Manager to sign the Radio Services
Agreement between the City of Atlantic Beach and the City of Jacksonville.
ATTACHMENTS: Radio Services Agreement
RADIO SERVICES AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH
AND
THE CITY OF JACKSONVILLE
AGENDA ITEM# 4F
DECEMBER 9, 2013
Tills Agreement is entered into effective October 1, 2013, by and between the CITY OF ATLANTIC
BEACH, a municipal corporation in Duval County, Flmida ("Atlantic Beach"), and the CITY OF
JACKSONVILLE, a municipal corporation in Duval County, Florida ("Jacksonville").
Recitals
WHEREAS, Atlantic Beach requires the use of daily communication operations to effectively and efficiently
communicate with its personnel and maintain the security of such personnel; and
WHEREAS, Jacksonville's Information Technology Division permits other local government agencies to
access its P25 Radio System ("P25 System") for daily radio communications operations;
NOW, THEREFORE, in consideration of the covenants set fmth in this Agreement, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows. ·
Terms of Agreement
1. Incorporation of Recitals. The pmties acknowledge and agree that the recitals set forth above are true
and coll'ect and are incorporated herein by this reference.
2. Obligations of Jacksonville. Jacksonville shaH: (i) provide Atlantic Beach with daily, continuous access
to the P25 System for all compatible radio units managed by Atlantic Beach ("Units"); and (ii) provide reasonable
service, support and installation for all Units according to service standards established in writing by the Parties from
time to time. The current service standards are set forth on Exhibit A attached hereto.
3. Activation Processes. Atlantic Beach will advise Jacksonville in wiiting (by email or otherwise) anytime
it wishes to activate or deactivate a Unit. Jacksonville shall promptly fulfill such request.
Atlantic Beach shall report to Jacksonville, within fifteen (15) days after the end of each calendar month, the
number of Units it deems to have been active on the P25 System for the past calendar month. A Unit will be deemed
active if it is capable of accessing the P25 System (not whether it in fact uses the P25 System). Atlantic Beach's
monthly report will be compared to and recondled 'against reports generated by Jacksonville showing which Units are
were in fact active on the P25 Systemduring that month. For billing purposes, a Unit will be considered an "Active
Unit'' if (i) the Unit is shown as active on the P25 Network at any time during the calendar month, (ii) Atlantic Beach
requested Jacksonville to activate the Unit previous to or during that month, and (iii) for previously active Units,
Jacksonville did not receive a deactivation request piior to the commencement of that month.
4. Monthly Fees.
· (a) Commencing October 1, 2013, Atlantic Beach shall pay Jacksonville a fixed monthly fee of $52.29 for the
services set forth in this Agreement.
(b) The fixed monthly fee shall apply to all Units accessing the P25 System. (For informational purposes,
Jacksonville identified 96 Units that were accessing the P25 System on Atlantic Beach's account as of September 1,
2013.)
AGENDA ITEM# 4F
DECEMBER 9, 2013
(c) The fixed monthly fee shall be adjusted on October 1, 2014, and on each anniversary thereafter during the
term of this Agreement, based on the cost allocation formula described in this subsection. The costs fall within five
major categories:
• P25 System Debt-Jacksonville recently upgraded its legacy radio system ("FCRS") to a state of the
art Motorola P25 (digital) system. Jacksonville financed $21 million in capital to fund the upgrade.
The estimated debt payback year is 2017 (which could vary+/-one year depending on interest rate
fluctuations). The fixed monthly fees will include the costs of repaying that debt.
• JEA Buyout-Jacksonville's legacy system (FCRS) was originally owned by JEA. Jacksonville paid
$8.5M to JEA to take over the system in 2011/2012. This debt was financed with the last payment due
October 28, 2020. (The final payment date could vary +1-one year depending on interest rate
fluctuations).
• P25 System Expenses -These costs include radio tower equipment maintenance, radio tower leases,
monitoring and related staff expenses.
• City Radio Shop Expenses -These costs include the costs of the Radio Bay operations, staff and
vehicle installations, and upgrade/ repair of handheld devices.
• JEA Tower Expenses-Jacksonville pays approximately $261,000 per year to JEA for maintenance
and use of the 40+ JEA towers where the P25 System equipment is placed. This cost will be included
in the cost formula
Jacksonville will allocate these costs to all users of P25 System on an equitable and nondiscriminatory basis
according to the number of Active Units that are pledged for the upcoming year. Some users may incur additional
d1arges hased. on special needs or requirements, and tlwse charges will be separately icle11tified, Jacksonville will not
include any profit allowance in its cost formula. Rates will vary from year to year as the expenses and number of
anticipated Active Units will·change. ·Any annual operating deficit or surplus will be accounted for in the rates for the
following year.
For Atlantic Beach's planning purposes, Jacksonville will provide Atlantic Beach with a rough estimate of the
upcoming rates by March 15 of each year. Final rates, which will take effect on October 1 of each year, shall be
provided by May 30 of that year.
5. Invoicing and Payment. Prior to receiving payment from Atlantic Beach, Jacksonville shall submit an
invoice to Atlantic Beach specifying the number of Active Units during the payment period and the payment
requested. Atlantic Beach shall certify that the required services have been satisfactorily and timely completed. Arter
confirmation of satisfact01y completion of the deliverables, the invoice shall be submitted for payment. Payment shall
be made by Atlantic Beach in accordance with the Florida Prompt Payment Act.
Units that were active on the P25 System for a pmtial month will be billed as if they were active for the entire
month (i.e., the service fees will not be prorated).
6. Minimum Payment. Atlantic Beach may increase or decrease the number of ActiveUnits as it deems
appropriate. However, subject to the provisions in Sections 5 and 7 herein, Atlantic Beach agrees that the average
monthly payment for service~ hereunder shall not fall below $1,000 ·from October l, .2013 through September 30,
2014. This average monthly payment is required to ensure that the P25 System remains adequately funded as an
ongoing concern. The rates provided in Section 4 of this Agreement are conditioned on Atlantic Beach's agreement to
the minimum payment.
2
7. Term; Events of Default; Termination.
AGENDA ITEM# 4F
DECEMBER 9, 2013
(a) Tenn. The term of this Agreement shall commence on the effective date and shall expire on
September 30, 2014, unless sooner terminated as provided herein. This Agreement may be renewed for three
additional one year terms, with the written consent of the pmties. Any subsequent renewals shall set forth any
revisions to the monthly service fee.
(b) Events of Default. The occurrence of any one or more of the following events prior to the expiration
of this Agreement shall constitute an "Event of Default" hereunder: (i) Failure to pay any sum of money becoming due
under this Agreement, which such default continues for fifteen (15) days after written notice thereof; or (ii) Failure to
petform or observe any material term, covenant or condition of this Agreement, which such default continues for thirty
(30) days after written notice thereof.
(c) Termination Upon Event of Default. Upon the occurrence of an Event of Default, the non-defaulting
party, at its sole and absolute election, may terminate this Agreement and exercise all rights and remedies it may have
at law or in equity.
(d) Termination for Non-Appropriation of Funds. Notwithstanding anything in this Agreement to the
contrary, all obligations of Atlantic Beach herein are conditioned upon: (1) the pdor receipt by Atlantic Beach of, and
authorization to expend, such funds from the applicable federal, state or local sources; and (2) the appropriation of
such funds by Atlantic Beach. In the event any of the foregoing prerequisite events do not occur, then this Agreement
shall automatically terminate, and thereafter, both parties shall have no further rights, obligations or liabilities under
tins Agreement. Atlantic Beach hereby represents that it has adequate funding and approvals to fulfill its obligations
under this·Agreement through September 30, 2014.
8. Notice. Ali notices to be made pursuant to this Agreement shall be delivered by hand delivery, with proof
delivery, or certified mail, return receipt requested, to the following addresses (or such other address as may be
designated in writing pursuant to this Section 9):
To Atlantic Beach:
With Copy to:
To Jacksonville: Tom Ossi
Contracts and License Manager
Clty of Jacksonville
Information Technologies Division
214 N. HoganSh·eet, 9r11 Floor
Jacksonvllle, FL 32202.
9. Assignment. This Agreement and the rights and obligations herein may not be assigned, in whole or pmt,
by either party without the prior written approval of both parties.
3
AGENDA ITEM# 4F
DECEMBER 9, 2013
10. Venue; Avnlicable Law. The parties acknowledge, consent and agree that all legal actions or
proceedings arising out of or related to this Agreement shall be initiated in a state or federal court in Duval County,
Florida having competent jurisdiction. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Florida.
11. Severability. Except as expressly provided to the contrary herein, each section, part, term or provision of
this Agreement shall be considered severable, and, if for any reason, any section, part, term or provision herein is
determined to be invalid, contrary to or in conflict with any existing or future hiw, rule or regulation by a court or
governmental agency having competent jurisdiction, such determination shall not impair the operation of or have any
other affect on the remaining sections, patts, terms or provisions of this Agreement, which shall continue to be given
full force and effect and bind the patties, and such invalid sections, parts, terms or provisions shall not be deemed to be
a part of this Agreement.
12. Waiver. No waiver of any term of or obligation pursuant to this Agreement may occur or be enforced
unless it is signed by both parties. The failure or delay by either patty in asserting any of its rights or remedies as to
any default hereunder shall not constitute a waiver of such default or any other default or of related rights or remedies.
13. Independent Contractor. The parties acknowledge and agree that Jacksonville shall be acting in the
capacity of an independent contractor and not as an agent, employee, pmtner, joint venturer, representative or associate
of Atlantic Beach.
14. Headings. The headings and titles to sections herein are for convenience of reference and shall not be
deemed to limit or alter any provision hereof.
15. Counterparts. This Agreement may be executed by facsimile and counterpart signatures, the facsimile
and counterparts which when taken together shall be deemed to constitute one and the same instrument.
16. NO WARRANTIES. JACKSONVILLE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, IN<:LUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE_,_
17. LIMITATIONS OF LIABILITY. NOTWITHSTANDING ANY PROVISION HEREIN TO THE
CONTRARY:
(A) THE PARTIES ACKNOWLEDGE THAT THE P25 SYSTEM, LIKE ANY RADIO NETWORK, IS
SUBJECT TO PERIODIC INTERRUPTIONS, CAP A CITY CONSTRAINTS AND COVERAGE LIMITATIONS;
(B) JACKSONVILLE'S TOTAL LIABILITY FOR BREACH OF CONTRACT, NEGLIGENCE OR
ANY OTHER CLAIM ARISING IN CONNECTION WITH TIIIS AGREEMENT SHALL NOT EXCEED THE
AMOUNT OF SERVICE FEES DUE JACKSONVILLE FOR THE MONTH(S) IN WHICH THE CLAIM AROSE;
(C) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES; AND
(D) NO PROVISION IN THIS AGREEMENT SHALL BE CONSTRUED AS A WAIVER OF A
PARTY'S SOVEREIGN IMMUNITY BEYOND THELIMITED WAIVER IN SECTION 768.28, FLORIDA
STATUTES.
18. System User Meetings. Jacksonville shall meet with Atlantic Beach at least bi-annually regarding P25
Radio System costs, changes or upgrades and shall provide Atlantic Beach with notice of the same. Jacksonville will
4
AGENDA ITEM# 4F
DECEMBER 9, 2013
not make any significant changes or upgrades to the P25 Radio System without obtaining input from Atlantic Beach
and other P25 Radio System users on any such changes or upgrades.
19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the
parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, agreements and
understandings, oral or written, between them with respect to such subject matter.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written.
ATTEST: CITY OF ATLANTIC BEACH
By: ___________________ ___ By: ____________________ ~
Date:----------Date: __________ _
Form Approved:
By:, ____________ _
ATTEST: CITY OF JACKSONVILLE
By: _________ _ By:------------
Date:-------------Date: ---'----------
Form Approved:
By: _________ _
G:\Gov't Operations\THorlcan\JTD\P25 Agreements\Atlantic Beach Radio Service Agreement (2013-14)(Draft).doc
5
Exhibit A
COJ'S Radio Services and Support
Description
AGENDA ITEM# 4F
DECEMBER 9, 20J3
COJ's Radio Services and Support provides consolidated 2-way radio communications for portable and
mobile radio coverage throughout Duval County and the five (5) neighboring counties through the use of
P25 technology. P25 is a suite of standards for digital radio communications for use by federal, state and
local public safety agencies to enable them to communicate with other agencies and mutual aid response
teams in emergencies. The Radio system consists of a multi channel-multi-site simulcast trunked radio
network supporting approximately 10,000 radio subscriber units. The Radio communication network also
includes a multi-tower site radio location triangulation system.
COJ's Radio Services & Support consists of two core cost areas:
Radio Shop Services & Support Costs
Provide consolidated radio services and support across all participating agencies for communication towers,
radios, microwave, and public safety communication systems. Radio equipment and infrastructure services
include:
o Equipment installation
o Replenishment of accessories including chargers, batteries, earpieces and clips
o Radio subscriber programming and changes
o Equipment swaps including mobile radios
o Electronic repair
o Radio system design & consulting
o Custom vehicle installation
o Coordination with vendors regarding warranty & non-warranty repairs
o Special Events communication support
o Police car camera and radioinstallations
P25 Radio System Maintenance & Support Costs
Be the leading agency for the State of Florida lnteroperability Communication Committee for Region 3. This
project is a statewide effort to provide a seamless communications networl< for all State, local and municipal
agencies. It includes the strategic vision to build infrastructure capacity to accommodate counties and
municipalities that can leverage the existing systems. The communication system is a very hjgh frequency,
based on P25 technology and digital network with abackhaul consisting of a microwave and fiber. Provide
support of the following items:
o P25 radio network
o Infrastructure repairs
o Tower and tower sites
o Software upgrades
o Server Hardware refresh
o Consoles attached to the COJ's P25 radio network (24x7 support and repair)
6
How to Obtain Services
Contact 904-255-1818 or emaiiiTDServiceDesl<@ col.net
Coverage Hours
Drive Up Bay Hours 8:00 AM -5:00 PM
Business Support Hours: 24 x 7
AGENDA ITEM# 4F
DECEMBER 9, 2013
lTD has employees on call providing services within one hour response on Holidays, Weekends and After-
Hours.
FAQ
How do you track your work orders? All radio service request tickets are tracked in lTD's CA System.
How do you manage your assets? All radio equipment assets are managed by COJ's asset management
system called Maximo.
What type of radios do you repair? Portable Radios -hand held and Mobile Radios-in vehicles.
Where do you repair the radios? We ensure radiosthat are broken are repaired in house and when
required are sent out for repair.
Do you have spare radios for your customers? Jacksonville Radio Shop has inventory for P25 radio
replacements for customers provided a replacement is on hand. Some of our customers JFRD, JSO,
School Board and JEA have their own replacement radios stored at the radio shop and are given a
replacement radio when a broken unit is being repaired.
Do you provide training on radios? Customers are given one-on-one training for those who require it.
Do the P25 Radios have warranty and if so how long and what does it cover? Yes, the. warranties on radios
are two years from date of purchase and cover everything except physical damage by the customer.
7
Resolution No. 13-19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
TERMINATING THE APPOINTMENT OF ALAN C.
JENSEN AS CITY ATIORNEY AND PROVIDING AN
EFFECTIVE DATE.
AGENDA ITEM# 6A
DECEMBER 9, 2013
WHEREAS, Sec. 31 of the Charter of the City of Atlantic Beach requires
the City Commission to Appoint a City Attorney, and
WHEREAS, Alan C. Jensen has served as City Commission from July,
1982, through June, 1983, and from November 1, 1989 to the present time, and
WHEREAS, Sec. 9 (11) of the Charter of the City of Atlantic Beach
requires the City Commission to Appoint, remove and fix the compensation of all
officers and employees appointed by the city commission, and
WHEREAS, the City Commission desires to terminate its contract with
Alan C. Jensen as City Attorney, including compensation and benefits,
NOW THEREFORE, be it resolved by the City Commission of the City of
Atlantic Beach as follows:
SECTION 1. Alan C. Jensen shall be terminated as City Attorney for the
City of Atlantic Beach according to the terms of the City of Atlantic Beach,
Resolution No. 05-13, Section 7·, as set forth herein:
a. The employment of the City Attorney is terminated in accordance with
the City Charter.
b. Alan C. Jensen is terminated without cause and is thereby entitled to
continuing compensation for one hundred eighty (180) consecutive
days from the termination date as set forth below.
c. Alan C. Jensen shall continue to be paid a monthly retainer in the
amount of Two Thousand Five Hundred and ooj100 Dollars, ($2,500),
and average monthly billings (using the 6 months prior to termination
in determining said average), including health insurance benefits as
provided, for one hundred eighty (180) consecutive days from the
effective date of termination.
d. Alan C. Jensen shall not be eligible for employment or contractual
agreement with the City of Atlantic Beach again.
AGENDA ITEM# 6A
DECEMBER 9, 2013
SECTION 2. This Resolution shall take effect immediately upon its final
passage and adoption.
PASS ED by the City Commission this __ day of December, 2013.
ATTEST:
Donna L. Bartle, City Clerk Carolyn Woods, Mayor
Approved as to form and correctness:
City Attorney
Resolution No. 13-19 Page 2 of 2
Resolution No. 13-20
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
APPOINTING THE FIRM OF KOPELOUSOS, BRADLEY
AND GARRISON, P.A. AS INTERIM CITY ATTORNEY AND
PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM# 6B
DECEMBER 9, 2013
WHEREAS, Sec. 31 of the Charter of the City of Atlantic Beach requires
the City Commission to Appoint a City Attorney, and
WHEREAS, Sec. 9 (11) of the Charter of the City of Atlantic Beach
requires the City Commission to Appoint, remove and fix the compensation of all
officers and employees appointed by the city commission, and
WHEREAS, The firm of Kopelousos, Bradley & Garrison, P .A. has
extensive experience practicing in the field government and municipal law with
and meets all the requirements of the City Charter , and
WHEREAS, the City Commission desires to contract with the firm of
Kopelousos, Bradley & Garrison, P .A. to provide legal services to the City of
Atlantic Beach,
NOW THEREFORE, be it resolved by the City Commission of the City of
Atlantic Beach as follows:
SECTION 1. The firm of Kopelousos, Bradley & Garrison, P .A. shall be
appointed interim City Attorney, as set forth herein:
a. The firm of Kopelousos, Bradley & Garrison, P .A. shall carry out all the
duties of the City Attorney as stipulated by the City Charter.
b. The firm of Kopelousos, Bradley & Garrison, P.A. shall be contracted
on a month-to-month basis.
c. The firm of Kopelousos, Bradley & Garrison, P .A. shall be eligible to
apply for the City Attorney position.
SECTION 2. This Resolution shall take effect immediately upon its final
passage and adoption.
Resolution No. 13-20 Page 1 of 2
AGENDA ITEM# 6B
DECEMBER 9, 2013
PASSED by the City Commission this __ day of December, 2013.
ATTEST:
Donna L. Bartle, City Clerk Carolyn Woods, Mayor
Approved as to form and correctness:
City Attorney
Resolution No. 13-20 Page 2 of 2
Resolution No. 13-17
AGENDA ITEM# 6C
DECEMBER 9, 2013
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
TERMINATING THE APPOINTMENT OF JAMES R.
HANSON, AS CITY MANAGER AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article III, Sec. 21 of the Charter of the City of Atlantic
Beach requires the City Commission to Appoint a City Manager, and
WHEREAS, James R. Hanson has served as City Commission October
4, 1999 to the present time, and
WHEREAS, Article II, Sec. 9 (11) of the Charter of the City of Atlantic
Beach requires the City Commission to Appoint, remove and fix the
compensation of all officers and employees appointed by the city commission,
and
WHEREAS, the City Commission desires to terminate its contract with
James R. Hanson as City Manager, including compensation and benefits,
NOW THEREFORE, be it resolved by the City Commission of the City of
Atlantic Beach as follows:
SECTION 1. James R. Hanson shall be terminated as City Manager for
the City of Atlantic Beach, according to the terms of the Employment Agreement
entered into between the City of Atlantic Beach and James R. Hanson on
September 27, 1999, Section 4, paragraphs A and B, and amended on December
8, 2008, as set forth herein:
a. The employment of the City Manager is terminated in accordance with
the City Charter.
b. James R. Hanson shall be paid a lump sum cash payment equal to six
(6) months' aggregate salary, benefits, and deferred compensation, all
earned sick leave, vacation, holidays, compensatory time, personal
leave and other accrued benefits to date. Such some shall be paid by
December 31, 2013.
c. James R. Hanson shall not be eligible for employment or contractual
agreement with the City of Atlantic Beach again.
AGENDA ITEM# 6C
DECEMBER 9, 2013
SECTION 2. This Resolution shall take effect immediately upon its final passage
and adoption.
PASS ED by the City Commission this __ day of December, 2013.
ATTEST:
Donna L. Bartle, City Clerk Carolyn Woods, Mayor
Approved as to form and correctness:
City Attorney
Resolution No. 13-17 Page 2 of 2
Resolution No. 13-18
AGENDA ITEM# 6D
DECEMBER 9, 2013
A RESOLUI'ION OF THE CITY OF ATLANTIC BEACH
APPOINTING NELSON VAN LIERE AS INTERIM CITY
MANAGER AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article III, Sec. 21 of the Charter of the City of
Atlantic Beach requires the City Commission to Appoint a City Manager, and
WHEREAS, Nelson F. VanLiere has served as City Finance Director
from February 1998 to the present time, and
WHEREAS, Article II, Sec. 9 (11) of the Charter of the City of Atlantic
Beach requires the City Commission to Appoint, remove and fix the
compensation of all officers and employees appointed by the city commission,
and
WHEREAS, the City Commission desires to appoint Nelson F. VanLiere
as Interim City Manager
NOW THEREFORE, be it resolved by the City Commission of the City of
Atlantic Beach as follows:
SECTION 1. Nelson VanLiere shall serve as Interim City Manager for
the City of Atlantic Beach, as set forth herein:
a. The compensation and salary of Nelson VanLiere receives as Finance
. Director shall be increased by 10% during tenure as Interim City
Manager, except in the case of across the board compensation package
changes for all employees where he shall also receive the same
compensation changes as other employees.
b. Nelson Van Liere shall faithfully carry out all of the duties of the City
Manager as stipulated by the City Charter, and as requested by the City
Commission.
c. Nelson F. VanLiere may apply for the City Manager position, and will
have the option to return to the Finance Director position if not
selected to become the City Manager.
SECTION 2. This Resolution shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission this __ day of December, 2013.
ATIEST:
Donna L. Bartle, City Clerk Carolyn Woods, Mayor
Approved as to form and correctness:
City Attorney
Resolution No. 13-18
AGENDA ITEM# 6D
DECEMBER 9, 2013
Page 2 of 2
AGENDA ITEM:
DATE:
SUBMITTED BY:
STAFF REPORT
City of Atlantic Beach
Commission Meeting
ORDINANCE NO. 20-13-126
November 26, 2013
Nelson Van Liere, Finance Director
STRATEGIC PLAN LINK: N/A
AGENDA ITEM# 7 A
DECEMBER 9, 2013
BACKGROUND: The attached Budget Ordinance addresses three items. They are:
1. During the October 28, 2013 City Manager's Follow up report, the Commission
discussed the staff recommendation to install an electronic lock on the Gate at Dutton
Island. This would allow the gate to automatically unlock at 6:00am so that fisherman
can access the dock before the 7:30am scheduled workers would be able to open the
gate. The Public Works Director evaluated the cost of overtime to perform this task and
determined that over time the automated system would save money and be more
dependable than relying on an employee. When comparing the cost of the automated
solution to a city employee on overtime, the automated system would pay for itself in two
years. The cost of the gate automated locking system installed is $8,000.
2. An increase in the F.D.L.E. Grant awarded to the City for the Community Oriented
Policing program of $11,205. This increases the amount approved for salary from
$28,000 originally approved to $39,205 and is 100% funded by the grant.
3. To provide funding for police equipment for personal video recording with an estimated
cost of $2,176 to be 100% funded by the grant. Please refer to an accompanying staff
report prepared by the Police Department for the details of this grant.
4. To add $1,200 of additional funds to the budget for the video-taping of commission
meetings. Upon the success of the newly installed video taping system, the City
Commission desires to expand the number of meetings funded from 30 to 38 per year.
This is intended to cover all scheduled commission meetings, workshops and special
workshops.
BUDGET: This ordinance will increase the City's expense budget by $22,581. The revenue
budget will be increased by $13,381. The net impact on the budget is $9,200.
RECOMMENDATION: Adopt Ordinance NO. 20-13-126 amending the 2013-14 Annual
Operating Budget.
ATTACHMENT: Ordinance NO. 20-13-126.
REVIEWED BY CITY1vbwAG_E....,.B..._· --~iJIICi'-*-J _________ _
~·
ORDINANCE NO. 20-13-126
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND
ENDING SEPTEMBER 30, 2014, AND PROVIDING AN
EFFECTIVE DATE.
AGENDA ITEM# 7 A
DECEMBER 9, 2013
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature ofbudgetary systems and those day-to-day decisions affecting
such budgetary systems require adjustments from time-to-time, and
WHEREAS, the City is amending the budget to add funds for the purchase and
installation of an electronic locking system for the gate at Dutton Island Park, and
WHEREAS, the City has determined that the video tape system recently installed works
very well and now wants to expand its use by adding $1 ,200 to the budget to fund an additional
eight meetings per year.
WHEREAS, The City originally budgeted an estimate for the Florida Department of
Law Enforcement Community Oriented Policing Grant (COPS) that was lower than what
ultimately got approved. This ordinance increases the funding and expenses for the grant from
$28,000 to $39,205, and
WHEREAS, The Florida Department of Law Enforcement has recently allocated $2,176
in grant funds for the purchase of law enforcement equipment that was not originally budgeted
for. This ordinance will create a budget for the use of those funds, and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2013/2014 Budget to be amended as follows:
ro-J GENERAL FUND ro-J
Expenses:
City Administration
Information Technology
Operating Expenses -
Parks and Recreation
Park Maintenance
Capital Outlay -
Total Expenses:
Fund Balance
$1,200
8 000
$9.200
<$9.200>
Revenues:
Grant Proceeds
Expenses:
-FDLE JAG Grant-COPS FUND-
Police Department
Salary
Total Expenses:
Fund Balance:
FDLE-JUSTICE ASSISTANCE GRANT
Revenue:
Grant Proceeds
Expenses:
Police Department
Capital Equipment
Total Expenses:
Fund Balance:
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this __ day of 2013.
AGENDA ITEM# 7A
DECEMBER 9, 2013
$11,205
$11,205
$11.205
$0
$2,176
$2,176
$2,176
$0
Passed by the City Commission on second and final reading this __ day of 2013.
Carolyn Woods
Mayor I Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
ATTEST:
Donna L. Bartle, CMC
City Clerk
ORDINANCE NO. 90-13-220
AGENDA ITEM# 7B
DECEMBER 9, 2013
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, LAND
DEVELOPMENT REGULATIONS, ARTICLE lll, WNING
REGULATIONS, BY ADDING A NEW DIVISION 10, FLORIDA-
FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has determined
that is necessary to add a new Division 10 to Chapter 24 of the Atlantic Beach Code of
Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new Division 10 to Article III of Chapter 24, which division shall read as
follows"
"Division 10. Florida-Friendly Use of Fertilizer on Urban Landscapes.
(a) Findings. As a result of impairment to the City of Atlantic
Beach's surface waters caused by excessive nutrients, or, as a result of increasing
levels of nitrogen in the surface and/or ground water within the aquifers or springs
within the boundaries of the City of Atlantic Beach, the governing body of the
City of Atlantic Beach has determined that the use of fertilizers on lands within
the City of Atlantic Beach creates a risk to contributing to adverse effects on
surface and/or ground water. Accordingly, the City Commission of the City of
Atlantic Beach finds that management measures contained in the most recent
edition of the "Florida-friendly Best Management Practices for Protection of
Water Resources by the Green Industries, 2008," may be required by this
ordinance.
(b) Purpose and Intent. This Ordinance regulates the proper use of
fertilizers by any applicator; requires proper training of Commercial and
Institutional Fertilizer Applicators; establishes training and licensing
requirements; establishes a Prohibited Application Period; specifies allowable
fertilizer application rates and methods, fertilizer-free zones, low maintenance
zones, and exemptions. The Ordinance requires the use of Best Management
Practices which provide specific management guidelines to minimize negative
secondary and cumulative environmental effects associated with the misuse of
fertilizers. These secondary and cumulative effects have been observed in and on
the City of Atlantic Beach's natural and constructed storm water conveyances,
1
AGENDA ITEM# 7B
DECEMBER 9, 2013
rivers, creeks, ponds, and other water bodies. Collectively, these water bodies are
an asset critical to the environmental, recreational, cultural and economic well-
being of the City of Atlantic Beach residents and the health of the public.
Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation
provided by natural and constructed stormwater conveyances. Regulation of
nutrients, including both phosphorus and nitrogen contained in fertilizer, will help
improve and maintain water and habitat quality.
(c) Definitions. For this Article, the following terms shall have the
meanings set forth in this section unless the context clearly indicates otherwise.
"Administrator" means the City of Atlantic Beach City Manager, or an
administrative official of the City of Atlantic Beach government designated by the
City Manager to administer and enforce the provisions of this Article.
"Application" or "Apply" means the actual physical deposit of fertilizer
to turf or landscape plants, whether solid or liquid product is used.
"Applicator" means any Person who applies fertilizer on turf and/or
landscape plants in the City of Atlantic Beach.
"Board or Governing Board" means the City Commission of the City of
Atlantic Beach, Florida.
"Best Management Practices" means turf and landscape practices or
combination of practices based on research, field-testing, and expert review,
determined to be the most effective and practicable on-location means, including
economic and technological considerations, for improving water quality,
conserving water supplies and protecting natural resources.
"Code Enforcement Officer, Official, or Inspector" means any designated
employee or agent of the City of Atlantic Beach whose duty it is to enforce codes
and ordinances enacted by the City of Atlantic Beach.
"Commercial Fertilizer Applicator", except as provided in 482.1562(9)
F.S., means any person who applies fertilizer for payment or other consideration
to property not owned by the person or firm applying the fertilizer or the
employer of the applicator.
"Fertilize," "Fertilizing," or "Fertilization" means the act of applying
fertilizer to turf, specialized turf, or landscape plants.
"Fertilizer" means any substance or mixture of substances that contains
one or more recognized plant nutrients and promotes plant growth, or controls soil
acidity or alkalinity, or provides other soil enrichment, or provides other
corrective measures to the soil.
"Guaranteed Analysis" means the percentage of plant nutrients or
measures of neutralizing capability claimed to be present in a fertilizer.
"Institutional Applicator" means any person, other than a private, non-
commercial or a Commercial Applicator (unless such definitions also apply under
2
AGENDA ITEM# 7B
DECEMBER 9, 2013
the circumstances), that applies fertilizer for the purpose of maintaining turf
and/or landscape plants. Institutional Applicators shall include, but shall not be
limited to, owners, managers or employees of public lands, schools, parks,
religious institutions, utilities, industrial or business sites and any residential
properties maintained in condominium and/or common ownership.
"Landscape Plant" means any native or exotic tree, shrub, or groundcover
(excluding turf).
"Low Maintenance Zone" means an area a minimum often (10) feet wide
adjacent to water courses which is planted and managed in order to minimize the
need for fertilization, watering, mowing, etc.
"Person" means any natural person, business, corporation, limited liability
company, partnership, limited partnership, association, club, organization, and/or
any group of people acting as an organized entity.
"Prohibited Application Period" means the time period during which a
Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane
Watch or Warning is in effect for any portion of Atlantic Beach, issued by the
National Weather Service, or if heavy rainl is likely.
(World Meteorological Organization definition of heavy rain: Rainfall greater
than or equal to 2 inches in a 24 hour period. http://severe.worldweather.org/rain/,
and forecast keyword "likely",
http://www. wrh.noaa.gov/sew/MediaGuide/TermsOutlooks _Watches_ Warnings. p
df.)
"The City of Atlantic Beach Approved Best Management Practices
Training Program" means a training program approved per 403.9338 F.S., or any
more stringent requirements set forth in this Article that includes the most current
version of the Florida Department of Environmental Protection's "Florida-
friendly Best Management Practices for Protection of Water Resources by the
Green Industries, 2008, " as revised, and approved by the City of Atlantic Beach
Public Works Director.
"Saturated soil" means a soil in which the voids are filled with water.
Saturation does not require flow. For the purposes of this ordinance, soils shall be
considered saturated if standing water is present or the pressure of a person
standing on the soil causes the release of free water.
"Slow Release," "Controlled Release," "Timed Release," "Slowly
Available," or "Water Insoluble Nitrogen" means nitrogen in a form which delays
its availability for plant uptake and use after application, or which extends its
availability to the plant longer than a reference rapid or quick release product.
"Turf," "Sod," or "Lawn" means a p1ece of grass-covered soil held
together by the roots of the grass.
"Urban landscape" means pervious areas on residential, commercial,
industrial, institutional, highway rights-of-way, or other nonagricultural lands that
3
are planted with turf or horticultural plants.
AGENDA ITEM# 78
DECEMBER 9, 2013
(d) Applicability. This Ordinance shall be applicable to and shall
regulate any and all applicators of fertilizer and areas of application of fertilizer
within the area of the City of Atlantic Beach, unless such applicator is specifically
exempted by the terms of this Ordinance from the regulatory provisions of this
Ordinance. This ordinance does not restrict any homeowner or residents from
applying fertilizers on their landscape as they deem necessary, but they are
strongly recommended to follow the guidelines included herein. This Ordinance
shall be prospective only, and shall not impair any existing contracts.
(e) Timing of Fertilizer Application. No applicator shall apply
fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants
during the Prohibited Application Period, or to saturated soils.
(f) Fertilizer Free Zones. Fertilizer shall not be applied within ten
(10) feet of any pond, stream, watercourse, pond, lake, canal, or wetland as
defined by the Florida Department of Environmental Protection (Chapter 62-340,
Florida Administrative Code) or from the top of a seawall, unless a deflector
shield, drop spreader, or liquid applicator with a visible and sharply defmed edge,
is used, in which case a minimum of 3 feet shall be maintained. If more stringent
City of Atlantic Beach Code regulations apply, this provision does not relieve the
requirement to adhere to the more stringent regulations. Newly planted turf
and/or landscape plants may be fertilized in this Zone only for a sixty (60) day
period beginning 30 days after planting if need to allow the plants to become well
established. Caution shall be used to prevent direct deposition of nutrients into the
water.
(g) Low Maintenance Zones. A voluntary ten (10) foot low
maintenance zone is strongly recommended, but not mandated, from any pond,
stream, water course, lake, wetland or from the top of a seawall. A swale/berm
system is recommended for installation at the landward edge of this low
maintenance zone to capture and filter runoff. If more stringent City of Atlantic
Beach Code regulations apply, this provision does not relieve the requirement to
adhere to the more stringent regulations. No mowed or cut vegetative material
may be deposited or left remaining in this zone or deposited in the water. Care
should be taken to prevent the over-spray of aquatic weed products in this zone.
(h) Fertilizer Content and Application Rates.
(1) Fertilizers applied to turf within the City of Atlantic Beach
shall be formulated and applied in accordance with requirements and directions
provided by Rule SE-1.003(2), Florida Administrative Code, Labeling
Requirements for Urban Turf Fertilizers.
(2) Fertilizer containing nitrogen or phosphorus shall not be
applied before seeding or sodding a site, and shall not be applied for the first 30
days after seeding or sodding, except when hydro-seeding for temporary or
permanent erosion control in an emergency situation (wildfire, etc.), or m
accordance with the Stormwater Pollution Prevention Plan for that site.
4
AGENDA ITEM# 7B
DECEMBER 9, 2013
(3) Nitrogen or phosphorus fertilizer shall not be applied to turf or
landscape plants except as provided in (a) above for turf, or in UFIIFAS
recommendations for landscape plants, vegetable gardens, and fruit trees and
shrubs, unless a soil or tissue deficiency has been verified by an approved test.
(i) Application Practices.
(1) Spreader deflector shields are required when fertilizing via
rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer
granules are deflected away from all streets, driveways and other impervious
surfaces, fertilizer-free zones and water bodies, including wetlands.
(2) Fertilizer shall not be applied, spilled, or otherwise
deposited on any impervious surfaces.
(3) Any fertilizer applied, spilled, or deposited, either
intentionally or accidentally, on any impervious surface shall be immediately and
completely removed to the greatest extent practicable.
(4) Fertilizer released on an impervious surface must be
immediately contained and either legally applied to turf or any other legal site, or
returned to the original or other appropriate container.
( 5) In no case shall fertilizer be washed, swept, or blown off
impervious surfaces into stormwater drains, ditches, conveyances, or water
bodies.
G) Management of Grass Clippings and Vegetative Matter. In no case
shall grass clippings, vegetative material, and/or vegetative debris be washed,
swept, or blown off into stormwater drains, ditches, conveyances, water bodies,
wetlands, or sidewalks or roadways. Any material that is accidentally so
deposited shall be immediately removed to the maximum extent practicable.
(k) Exemptions. The provisions set forth above in this Ordinance shall
not apply to:
(1) bona fide farm operations as defined in the Florida Right to
Farm Act, Section 823.14 Florida Statutes;
(2) other properties not subject to or covered under the Florida
Right to Farm Act that have pastures used for grazing livestock; and
(3) any lands used for bona fide scientific research, including,
but not limited to, research on the effects of fertilizer use on urban stormwater,
water quality, agronomics, or horticulture.
(1) Training.
(1) All commercial and institutional applicators of fertilizer
within the City of Atlantic Beach, shall abide by and successfully complete the
six-hour training program in the "Florida-friendly Best Management Practices for
Protection of Water Resources by the Green Industries" offered by the Florida
Department of Environmental Protection through the University of Florida
5
Extension "Florida-Friendly Landscapes" program, or an approved equivalent.
AGENDA ITEM# 7B
DECEMBER 9, 2013
(2) Private, non-commercial applicators are encouraged to
follow the recommendations of the University of Florida IF AS Florida Yards and
Neighborhoods program when applying fertilizers.
(m) Licensing of Commercial Applicators.
(1) Prior to 1 January 2014, all commercial applicators of
fertilizer within the City limits of Atlantic Beach, shall abide by and successfully
complete training and continuing education requirements in the "Florida-friendly
Best Management Practices for Protection of Water Resources by the Green
Industries", offered by the Florida Department of Environmental Protection
through the University of Florida IF AS "Florida-friendly Landscapes" program,
or an approved equivalent program, prior to obtaining a the City of Atlantic Beach
Local Business Tax Certificate for any category of occupation which may apply
any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators
shall provide proof of completion of the program to the City of Atlantic Beach
City Clerk's office within 180 days ofthe effective date of this ordinance.
(2) After 31 December, 2013, all commercial applicators of
fertilizer within the (un)incorporated area of the City of Atlantic Beach, shall have
and carry in their possession at all times when applying fertilizer, evidence of
certification by the Florida Department of Agriculture and Consumer Services as
a Commercial Fertilizer Applicator per SE-14.117(18) F.A.C.
(3) All businesses applying fertilizer to turf and/or landscape
plants (including but not limited to residential lawns, golf courses, commercial
properties, and multi-family and condominium properties) must ensure that at
least one employee has a "Florida-friendly Best Management Practices for
Protection of Water Resources by the Green Industries" training certificate prior
to the business owner obtaining a Local Business Tax Certificate. Owners for any
category of occupation which may apply any fertilizer to Turf and/or Landscape
Plants shall provide proof of completion of the program to the City of Atlantic
Beach Public Works Director.
(n) Enforcement. The Police Department, the Public Works
Department, and the Code Enforcement Officer, shall enforce this chapter. All
parties are authorized to sign complaints for violation of this chapter.
(1) Violations and penalties. The violation of any provision of
this chapter may be punished by a fine as indicated below. Said fine will be
imposed on the contractor employing the applicator or lawn maintenance worker
found to be in violation. Fines will be cumulative on the contractor regardless of
whether different operators are cited.
(2) Schedule of fines. The following schedule of fines may be
assessed in cases of violations of Fertilizer Application or Management of Grass
Clippings and Vegetative Matter requirements occurring within the city:
First offense within any 2 month period $ 100.00
6
Second offense within any 2 month period $ 250.00
Third offense within any 2 month period $ 500.00
Fourth or subsequent offense within any 2 month period $1000.00
AGENDA ITEM# 7B
DECEMBER 9, 2013
Funds generated by penalties imposed under this section shall be used by
the City of Atlantic Beach for the administration and enforcement of§ 403.9337,
Florida Statutes, and the corresponding sections of this ordinance, and to further
water conservation and nonpoint pollution prevention activities."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this __ day of _____ _
2013.
PASSED by the City Commission on second and final reading this ___ day of
------' 2014.
ATTEST:
DONNA L. BARTLE CAROLYN WOODS
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
7
AGENDA ITEM:
SUBMITTED BY:
DATE:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 8B
DECEMBER 9, 2013
AGENDA ITEM NO.
-------------------
Land Development Code Section 24-163 Parking Recreational
Vehicles in Residential Zoning Districts UPDATE
Michael Griffin, CBO, CFM, Building and Zoning Director ~
December 01, 2013
STRATEGIC PLAN LINK: N/A
BACKGROUND:
This is in follow-up to the November 25, 2014 Commission Workshop related to parking
boats and trailers in the front yard. As indicated in the November 19, 2014 Community
Development Board meeting the board voted unanimously to recommend to the City
Commission to keep the current regulations unchanged and to not allowed boats, trailers and
recreational vehicles to be parked within fifteen (15) feet from the front property line in
residential districts.
A review of the statistics provided to the Community Development Board reveal that of
the 21 boats found in violation, during a recent city wide survey, 13 could be relocated to be in
compliance without changing the physical characteristics of the property. Of the eight boats that
could not be relocated, staff estimates that fencing, trees or side yard setback of the existing
structure would need to be altered. Side yard setback appeared an issue in approximately 4 cases.
During the November 25, 2014 workshop the topic of variance was discussed to allow
boats to be located within the required front yard. City Code Section 24-64 (c) (7) Variances
states "Variances shall not be granted solely for the personal comfort or convenience, for relief
from financial circumstances or for relief from situations created by the property owner." It
appears that allowing a recreational vehicle within the required front yard would be a
circumstance created by the property owner. A review of storage facility costs for recreational
vehicles indicate a range from $75.00-$100.00 monthly for a space adequate for a 20 foot boat.
BUDGET: No impact
RECOMMENDATION:
ATTACHMENTS:
AGENDA ITEM fl 8H
DECEMBER 9, 2013
Motion to accept the 19, 2013 Community Board recommendation
to keep the current regulations regarding parking recreational
vehicles in place. Or, amend the current ordinance to allow parking
of a maximum 20 foot recreational vehicle in the front yard.
November 19, 2013 Community Development Board dratt minutes
and staff report .
REVIEWED BY CITY MANAGER:~
/
1/
AGENDA ITEM:
SUBMITTED BY:
DATE:
AGENDA ITEM# 8B
DECEMBER 9, 2013
AGENDA ITEM NO. SB
DATE: ____ ~1~2~·--~q~·--~'=·3~_
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Land Development Code Section 24-163 Parking Recreational
Vehicles in Residential Zoning Districts
Michael Griffin, CBO, CFM, Building and Zoning Director ~
November 20,2013
STRA TEGICPLAN LINK: N/ A
BACKGROUND:
At the November 19, 2013 Community Development Board meeting the board voted
unanimously to support not changing the current recreational vehicle parking requirements
within residential zoning districts. The board indicated the requirement should be kept in place as
written so not to encourage additional parking of recreational vehicles within the required front
yard setback.
Attached is a copy of the November 1, 2013 Community Development Board staff report
and the draft minutes of the November 19, 2013 meeting.
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
No impact
Motion to accept the November 19, 2013 Community Board
recommendation to keep the current regulations regarding'parking
recreational vehicles in place.
November 19,2013 Community Development Board staff report
and draft minutes of the meeting.
City of Atlantic Beach Building and Zoning Department
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5800
Fax (904) 247-5805
www.coab.us
Memorandum
To: Community Development Board
From: Michael Griffin, CBO, CFM Building and Zoning Director
Date: November 1, 2013
AGENDA ITEM# 8B
DECEMBER 9, 2013
Re: Land Development Code Section 24-163 Parking Recreational Vehicles in Residential
Zoning Districts
At the October 15, 2013 Community Development Board meeting the issue of parking recreational
vehicles in residential districts was discussed. This item was deferred to the November 19, 2013
meeting to allow staff additional time to provide information related to the number of violations
that have occurred, site boundary information related to street pavement and property lines and
additional photographs of violations.
As requested, below are statistics taken from a recent street survey of boats, trailers and campers
parked throughout the City. Also, below is the number of violations reported on the monthly code
enforcement report from September 2012 to October 2013. Attached is a copy of Sec. 24-163.-
Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of
vehicles in residential zoning districts.
Survey Conducted October 22, 2013
Boats in violation 21
Boats found in compliance 28
Trailers/Campers in violation 5
Trailer/Camper in compliance 9
(13 could be relocated on property to be in compliance)
Vehicle violations related to boats/campers/trailers per monthly code enforcement report
September 2012 -March 2013 -62 ( 9 average complaints per month)
April 2013 -October 2013-73 ( 10 average complaints per month)
AGENDA ITEM# 8B
DECEMBER 9, 2013
(bj Recreatipnal vehicles stored or parked on any residential lot shall be subject to the following
provisions:
(1) Not more than one (1) recreational vehicle,. boat or boat trailer, or other type of trailer
shall be stored or parked on any residential lot which is five thousand (5,000) square
feet in lot area or less. Minimum lot area of ten thousand (10,000) square feet is
required for storage or parking of any second recreational vehicle, boat or boat traifer,
or other type of trailer.
(2) Recreational vehicles, boats or boat trailers, or other type of trailer shall not be parked
or stored closer than fifteen (15) feet from the front lot line and shall tie parked in a
manner that is generally perpendicular to the front property line such that length is not
aligned in a manner that extends across the front of the lot, it being the intent that
recreational vehicles, boats and trailers that are parked forward of the residence should
not excessively dominate the front of the lot.·
(3) Recreational vehicles, travel trailers or motor homes shall not be ·inhabited or occupied,
either temporarily or permanently, while parked or stored in any area except in a trailer
park designated for such use as authorized within this chapter.
(4) Recreational vehicles parked or stored on any residential Lot for a period exceeding
twenty-four (24) hours shall be owned by the occupant of said lot.
(c) A junked or abandoned vehicle, or one that is inoperable, as defined within this Code, shall
not be parked or stored in any zoning district. Further, mechanical or other automotive repair
work on any motor vehicle shall not be performed out-of-doors within any residential zoning
district, except for minor maintenance or emergency repair lasting less than eight (8) hours
and perforll)ed on a vehicle owned by the occupant of the residential property.
(d) No materials, supplies, appliances or equipment·used or designed for use in commercial or
industrial operations sha!! be stored in residential zoning districts, nor shalf any home
appliances or interior home furnishings be stored outdoors in any residential zoning district.
(e) The provisions of this section shall not apply to the storage or parking, on a temporary basis,
of vehicles, materials, equipment or appliances to be used for or in connection with the
construction of a ~uilding on the property, which has been approved In accordance with the
terms of this chapter or to commercial or recreational vehicles· parked within completely
enclosed buildings.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
November 19,2013
AGENDA ITEM# 8B
DECEMBER 9, 2013
1. CALL TO ORDER.-6:06pm . . .......... .
Chair Brea Paul verified the presence of a quqr~rnVviththe attendance ot Kelly Elmore,
Harley Parkes, Patrick Stratton and Sylvia Sirnrrlons. Th~ t)'leeting was called to order at
6:06pm. Also present was the Bllilding and Zoning .·.Official, Michael Griffin,
Redevelopment and Zoning Coordinator,Jeremy Hubsch and Rec;ording Secretary Jenny
Walker. Kirk Hanson arrived at 7:00pm,Jaspn Burgess was absent.
'• ,,:' ..
2. ADOPTION OF MEETING MIN(J'fES-Octoberi!J,2.~13.
Brea Paul called for a motio~~~o ?pprove the n1inutes of the October 15, 2013 regular
meeting. Kelly Elmore moved;Jhat minutes be approved as written. Patrick Stratton
seconded the motion and it carried by a vote of 7-0.
3. OLD BUSINESS.None.
4. REPORTS.
A~ Boa~ a,nd Trai~rs. Brea Pau.I .. asked for a vote by show of hands to take the
· Agen~ ()Ut ofor~r and discus~ Boats and Trailers ahead of New Business
based onJIJ.~ numb~J; of citizens in attendance to speak on this topic. Brea
Paul statedthe.BoatS and Trailers Ordinance was discussed at the October 15th
p.teeting and th~ Board ~ad asked staff for some additional details to include
th~ actual num.l:J~r of violations that were actually present. Michael Griffin
sp~Jt~.stating th~ IJoard asked for some site boundary information, some Code
Enfo~¢~111ent illfq,rmation and staff did a survey of 80% of Atlantic Beach and
found tb,a,t ~h~re were 21 boat violations, 13 of the violations could be
relocatedollthe property and be found in compliance. 28 boats were found
in compliance. Five trailers and campers were found in violation and 9 trailers
and campers were found in compliance. On the Code Enforcement issues the
City receives an average of 10 complaints per month for boats and trailers or
recreational vehicles in the front yard Mr. Griffin refreshed the boards
memory that Jacksonville, St. Augustine, Neptune Beach and St. Johns County
have the same regulations of no boats or trailers in the front 20ft front yard
setback. Jacksonville Beach allows one 20ft boat in the front yard setback.
Atlantic Beach is less restrictive than Jacksonville, Neptune Beach, St.
Augustine and St. Johns County by allowing the boat to be 15ft from the front
property line. The Board also asked for some boundary information. Mr.
Griffin showed a sample plat and stated that when plats are created houses
generally have a 20ft front yard setback, anything beyond that 20ft setback is
Page 1 of2
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
AGENDA ITEM# 8B
DECEMBER 9, 2013
in the right of way. He then showed several examples of compliant lots and
noncompliant lots. Kelly Elmore questioned how long time wise can a boat or
recreational vehicle be in the right of way before Code Enforcement will ticket
it. Mr. Griffin responded stating Code Enforcement will leave a courtesy notice
first and give the property owner a reasonable time to correct the problem.
Mr. Elmore asked if the homeowner states that it is a visitor and it will be
removed in a few days, Mr. Griffin indicated the City will work with them. The
first public speaker was Mr. Paul Gunsaulis, 780 Begonia Street. Mr. Gunsaulis
stated that because everyone in Atlantic Beach has different lot lines, he feels
the only way the City can uniformly enforce the Boats and Trailers Ordinance
is to change the wording on code section B2 from stating "15 ft setback from
the lot line" to read "15ft setback from the paved street." He states that would
put him in compliance. The second p~plic speaker was Michael Hampton,
651 Begonia Street. He stated soll1eone from ~he City came to his property
yesterday and told him he could take down 2 trees on the lot and move his boat
back and be in compliance. He said it is absurd for him to remove trees and
that too many trees have beenremoved in Atlantic Beach already. He states
again that "he will not remove his boat, the City can fine him all they want
and he will not move his boat". The third speaker was Linda Spencer, 282
Magnolia Street. She <lgrees with hollJ.eowners having home rights but her
neighbors have their boat parked right underneath her bedroom window. She
is in favor of the Ordinance the way it . is. Final speaker was Chris
Lambertson, 357 12th St. Mr. Lambertson believes the issues with boats and
trailers started because of the Jack ()f code enforcement in the past. Mr.
Lamb~rt:son believes that our codes <l.fe toolax for boats aesthetically and the
noise factor and t.hat the City ~h(}uld increase the setback for boats, trailers
and recreational vehicles. Kelly Elmore stated that this ordinance is in place
for a reason and we (lo have the most lax ordinance compared to surrounding
mmlicipalities. He feels the ordinance should be left just as it is. The
ordin<tnce withholds the standard aesthetic throughout the City. Harley Parkes
stated that he agrees with Mr. Elmore. Sylvia Simmons stated that she drove
all over the City and was surprised at how few violations she saw. She doesn't
think the Ordinance sho~ld be changed at alL Brea Paul says she concurs with
all the other board members, we have the most lax code already.
Kelly Elmore made a motion to keep the Boats and Trailers Ordinance as
written in place, unaltered Harley Parkes seconded the motion and it carried
by a unanimous vote of 6-0.
The remaining items of this meeting will be completed at a later date.
Page 2 of2
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 8C
DECEMBER 9, 2013
AGENDA ITEM: Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a
Circular Driveway on a Lot with Less Than 100 Foot Frontage.
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: November 15, 2013
STRATEGIC PLAN LINK: None
BACKGROUND: Applicant proposes to create circular driveway at 344 Plaza Drive which has 75 feet
of frontage. The three other parcels with circular driveways and less than 100 feet of frontage in
this block of Plaza cited in the applicant's letter were all constructed prior to the City Code Change
in 2005.
City Code Section 19-7 contains the following requirements for circular driveways
(emphasis added):
(f) Maximum driveway width at the property line and through the right-of-way shall
be 20 feet. Maximum driveway width for circular drives shall be 12 feet, and circular drives shall
only be permitted on lots having at least 100 foot frontage.
The applicant proposes to construct a circular driveway using pervious pavers (see Attachment 2).
Parcel currently has a single width concrete driveway; while applicant anticipates future difficulty
with parking because of increase in numbers of autos in the household. A separate issue is that
impervious surface coverage of the right of way is already greater than the 50% limit of City Code
Section 19-7 because of the existing five foot width sidewalk {~8.5' between back of curb and edge
of right of way). Because this coverage existed prior to passage of the row coverage limits, it was
grandfathered in (along with all properties on both sides of the 300 Block of Plaza Drive).
However, increasing further beyond the grandfathered amount will require an additional waive
BUDGET: No budget issues.
RECOMMENDATION: Consider approval of requested waiver to the City Code Section 19-7 requirements
for circular driveway and right of way impervious surface coverage.
ATTACHMENTS: 1) Waiver Application for 344 Plaza Drive
2) Proposed Driveway Plan
3) Photos of site
Reviewed by City Manager:
AGENDA ITEM# 8C
DECEMBER 9, 2013
AGENDA ITEM # 8C
DECEMOER 9. 2013
l>atc
AGENDA 1TEM fi 8C
DECEMBER 9, 20 13
APPLICATION FOR LAND DEVELOPMI~NT REGULATIONS WAIVER
U/Jl/13
City of AtJnntic Dencl1 · 800 Seminole Road ·Atlantic llcncb, Florida 32233
P hone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.us
----------------File No. _________ Receipt ------------
Section 24-46 (d) permits the City Commission to authorize lilnltecl Waivers, on a case--by-case bllsis, from a
specific provisiou(s) of these Laud Development Regulntions when il is demonstrated tlu~t compliance with
such provision(s) would he unn~:tsonable, in conflict with the public iuteresi, or· a [H"actical im po.ssibilily. A
Waiver from these Land ])cveloprneut RegulAtions may be npprovcu only upou shuwing of good cnuse, and
upon evidence thnt an altcrnali·vc to a specific provision(s) of this Chaptea· shnll be provided, wllich conforms to
the "'cncral intent and spirit of the~~ Lmul Development Regulations. ln considering any request for a Waiv<'r
from these Lnnd Dc"clupment Regulations, the City Commission may a·ectuia·e cnnditions as H)lpt·opriatc IO
ensure that the iutcut nf these L:md Development Regulations is enforced. A Waiver sh~tll uot modify any
a·cquircment or tcnn custorn:lrily considered as a Variance or any requit·emcnt or term prohibited as a
Vurlancc, :uuJ shall he cousidcred only in cases whea·c alternative administrative procedures arc not sot for the
w ithin the Cily Code of Onliuauccs.
I. A pplicnnt's Nn me -----=Ma=t::..:t::.::h::..:e:..:w:..-.::a:=o:.::d:.._:::J-=e-=n=n=i.::.f.;;:.e;;..r_K~a=" c::.;b::.;e;;;;r::.!gui!..:-s _________________ .
2. ApplicnnrsAdd~u ~--~3~4~4_P~I~~·z~a~D~r~i~v~e~·~A~t~l=a~n~t~i~c~R~e-=a~c~h~,-~-·~_3_2_2_3_3 __ ~-------
3. Property LQcation 344 Plaza Drive, Atlantic 1\each, FL 322.33
4. Property Appraiser's Renl Estate NumlJer ________________ --------------
5. Current Z()ning Classificnti on 6. Comprehensive Plan Future Lund Usc designatio u ___ _
7. Rcqueslcll provision(s) from which wnivet·is sought: City Code Section 19-7 (f) _______ _
8. Size of Pllrccl 9. Utility Proviclct·
10. Provide all of the following information:
n. Proof of ownership (deed o1· ccdlficnte by lawyer or abstnH·t company nt· title co111pany lhat verifies record
ow ner as above). If the nppllconl is nnl the ownct·, a letter ofauthorizatiou from the owncr(s) fut·n pplicnnl' to
rcpr~scnl the owner for Hll purpos~ t•clntcd to lhi.~ application must be provided.
b. Survey and legal description or property.
c. ncqulrcd number of copies (2)
d. Appllcntion Fcc ($250.00)
I HEREOY CERTIFY THAT ALL INTi'ORMA'I'ION PROVIDED WITH THIS APPLICATION IS CORRECT:
Siguature of owncr(s) or nuthoriled person if owner's nuthurization form is altnchc<J:
Printed or typed nomc(s): Mattbe\:1 and Jennifer L1.chergus
Signaturc::(s): 11.{~ f[, ~-
AGENDA ITEM# 8C
DECEMBER 9, 2013
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Name: Matthew Kachergus
Mailing Address: 344 Plaza Drive. Atlantic Beach, FL 32233
Phone: (904) 686-4100 Fax: (904) 356-9667 nattkachergus@att.net ___________ E-mail: _________ _
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with
Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically
describing how the request complies with the Conditions necessary for the City Commission to approve this
request. Please attach additional pages if needed.
See Attached Letter
Atlantic Beach City Commission
800 Seminole Road
Atlantic Beach, Florida 32233
Re: 344 Plaza Drive
November 11, 2013
Atlantic Beach, Florida 32233
Dear City Commission:
AGENDA ITEM# 8C
DECEMBER 9, 2013
My family is requesting a land development regulations waiver to add a circular driveway
for our home at 344 Plaza Drive. We are embarking on a remodeling project due to the growth of
our family which now consists of three boys. We presently have two automobiles we have to
park at the property but in the coming years as our boys reach driving age the number of vehicles
required to be parked at he residence will increase, potentially up to five. Given the location of
the property on Plaza, with one of the breaks in the median located directly across form our
current driveway, there exists safety concerns with parking automobiles along the street. The
medians along Plaza are commonly used for the residents of the street to make u-tmns to go one
direction or another. Parking of cars along the street where there are breaks in the median poses a
safety concern as there is limited space to make such turns when cars are parked along the street.
Allowing for a circular driveway at our residence will remove the vehicles form the street and
render the street more safe. This is especially so given that the 300 block of Plaza is heavily used
by foot traffic and bicycles to access the beach, more so than other streets in the Old Atlantic
Beach District.
Additionally, we believe that the waiver will not negatively affect the neighbors and
conforms to many of the houses on the block. The lot on which our home sits is larger than the
majority of lots along the street as it has 75 feet of street frontage and is 100 feet deep. There are
other homes on the 300 block of Plaza with less than 100 feet of frontage which have circular
driveways, to wit: 337 Plaza and 389 Plaza, which have 50 foot of frontage, and 306 Plaza which
has 75 feet of frontage. The circular driveway would also benefit the community as it would add
aesthetically pleasing curb appeal to the home and neighborhood.
AGENDA ITf!.M /1 8C
DECF:MllER 9, 2013
Thank you for yo ur consideralion ofth.is matter. lfyou have any additional questions, do
not hesitate to contact me at (9 04) 686-4100. 1 hope the Commission favorably approves this
request.
MRK/onlhlmok •'Vmmsn cln\'cwoy llrl
Si::y.:c.. ~o.,~ z~-·& '?It +<r. -·-.~ ~:lthcw cmd Jennifer Kac hergus
344 Plaza Drive
AllanllC Beach, r torida 32233
(904) 242-898G
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DECEMBER 9, 2013
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AGENDA ITEM# 8C
DECEMBER 9, 2013
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APPLY FOR CIRCULAR DRIVE
Owner
KACHERGUS MATTHEW R & JENNIFER
344 PLAZA
AGENDA ITEM II 8C
I)ECEMBER 9, 2013
CJ'fY OF A 'fLANTIC BEA~H
800 SEMINOLE ROAD
ATLANTiC BEACH, FL 32233
INSPECTION PHONE LINE 247-5814
13-00100093
344 PLAZA
SUB APPL FOR WAIVER
RES SF DISTRICT
0
Contractor
Date 11/13/13
JOYNER CONSTRUC'£ION
GROUP INC
ATLANT I C BEACH FL 322335442 1845 LEEWARD LN
NEPTUNE BEACH FL 32266
(904) 477-0484
Permit SUB APPL FOR WAIVER
Additional desc
Permit Fee 250.00 Plan Check Pee .00
I ssu e Date
Expirati on Date 11/13/1 3
Special Not es and Comment s
APPROVED TO PROCESS CHECK ONLY
Fee summary Charged ---------------------------
Permit Fee Tot al 250.00
Plan Check Tot al .00
Grand Total 250 .00
Valu ation
Paid Credi ted Due ------------------------------
250 .00 .00 .00
.00 .00 .00
250.00 .00 .00
PEll\\11'1' IS AJl i>JtO\'ED ONLY IN ACC'OJU)ANCf. Wl'lll i\1.1 . ('1'1'\ Ol•' i\TLAi'i i'IC IU:;.\Cil OIU>INAN<'IO:S ,\Nil "llll·: Pl.(>ltJI)t\
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM # 8F
DECEMBER 9, 2013
AGENDA ITEM: Report on Activities of the North Florida Utility Coordination Group
(NFUCG)
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Directo@
DATE: November 18,2013
STRATEGIC PLAN LINK: None
BACKGROUND: The St. Johns River Water Management District (SJRWMD) has been
undertaking a water supply planning process over several years. This process includes setting
minimum flows and levels (MFLs) for area lakes and springs. The Suwannee River Water
Management District (SRWMD) has also been working on their water supply issues and is in the
process of setting minimum flows and levels for area rivers and springs.
MFLs are adopted by the Water Management Districts to prevent harm to the water resources or
ecology of an area that could result from permitted water withdrawals. Results of the MFL
studies and the associated prevention and/or recovery strategies may have a huge impact on the
City's future water infrastructure and cost.
The North Florida Utility Coordination Group (NFUCG) is composed of eight utilities in
Northeast Florida: City of Atlantic Beach, City of Neptune Beach, City of Jacksonville Beach,
JEA, Clay County Utility Authority, St. Johns County Utilities, Gainesville Regional Utilities,
and the Town of Orange Park.
These utilities formed the NFUCG in order to speak as one voice to the Water Management
Districts. The group also combines resources for engineering and legal assistance to determine
the most accurate and reliable groundwater resource projections and review policy activities.
All water utilities place protection of our water resources at the highest level. Yet water utilities
have the added responsibility of providing the most cost-effective product to our customers.
In order to meet these objectives, the group hired technical experts to work with the Water
Management Districts on the MFLs. The NFUCG also engaged legal experts to advise us on
policy and regulatory issues.
AGENDA ITEM# 8F
DECEMBER 9, 2013
Summary of Activities
Rulemaking Participation
• We jointly participated in several Rule-Making processes, including the Consumptive
Use Permit Consistency Rule.
Minimum Flows and Levels (MFLs)
• Clay/Putnam County MFLs-We participated in numerous Technical Group, Modeling
Group, Implementation Workgroup and Stakeholder committee meetings.
o We provided valuable technical information to the SJRWMD staff, including
many presentations.
o We educated stakeholders and SJRWMD on utility concerns, such as the need for
long range planning to fund major capital projects-and the need for certainty
with regard to the sustainable availability of water for our customers.
• NFUCG and our consultants worked hand-in-hand with the St. Johns River Water
Management District to refine the ground and surface water models.
o This demonstrated that the original MFLs for lakes in the Clay/Putnam area were
overstated. The SJRWMD is now proposing the adoption of a revised MFL that is
scientifically based and will have much less impact on utilities and other water
users.
• We are currently working with SJRWMD to develop a Prevention and Recovery strategy
to address the revised Clay/Putnam MFLs.
o NFUCG has concerns about SJRWMD's Draft Prevention Strategy, which includes
multiple projects totaling $400 million to be paid for with "consortium"
funding-meaning all permittees contribute. The SJRWMD strategy also includes
projects to recharge the aquifer with reuse water-something NFUCG members
believe will be difficult to permit and will greatly increase our customers' rates.
o NFUCG's engineers have conducted research and additional modeling so we can
recommend a prevention/recovery strategy that provides the best solutions
based on cost/benefit analysis. These include projects close to the affected lakes
and transfer of water from the Lower Floridan Aquifer to the Upper Floridan. We
also believe this type of project will be more permittable through the
Department of Environmental Protection.
• Lower Santa Fe and ltchetucknee Rivers MFLs-Concurrently, NFUCG and our
consultants have been working with the Suwannee River Water Management District
(SWRMD) along with SJRWMD and the Department of Environmental Protection (DEP)
on MFLs for the Lower Santa Fe River and ltchetucknee Rivers and other springs. Similar
to our work with the Clay/Putnam MFLs, we have participated in numerous meetings,
conducted engineering work and provided information and presentations.
2
AGENDA ITEM# SF
DECEMBER 9, 2013
The Current Issue:
NFUCG has found it much more difficult to get access to the technical data and proposed MFLs
for waters in the Suwannee River District. Adoption of the MFL for the Lower Santa Fe River
has been delegated to DEP, and is rapidly approaching.
NFUCG has major concerns with the scientific basis for this proposed MFL. Based on the
information we have, adoption of this MFL could require a major reduction in groundwater
pumping for all ofNorth Florida-possibly back to levels from the 1960's. This could have a
major impact on the City's water supply, requiring us to find alternatives to groundwater. The
resulting increase in the cost of water treatment and supply would raise water rates considerably.
Because of the uncertainty with the MFL and the Prevention/Recovery Strategy, it is impossible
to estimate the cost to Atlantic Beach exactly. However, NFUCG's engineers, Jones Edmunds &
Associates provided an estimated cost between $750,000 and $9 million for Atlantic Beach to
comply with the rule.
It appears that the Suwannee River WMD and DEP may proceed with adoption of the MFL
without considering our technical data. Also, it appears they may adopt the MFL without
providing a Prevention/Recovery Strategy or the associated costs that would allow water users
to understand their responsibilities. Adopting an MFL without a concurrent Prevention/Recovery
strategy is not consistent with the law.
Also, NFUCG objects to adopting an MFL with no Prevention/Recovery Strategy as it creates
uncertainty about possible reductions in permitted withdrawals. These strategies may require
utilities to participate in very expensive projects. Utilities need to know what is expected of them
in order to make long range plans for design and construction of projects and adjust rates
accordingly. In addition, NFUCG members want to thoroughly examine proposed projects for
costs vs. benefits.
Due to these grave concerns, NFUCG members are considering a legal challenge to DEP's
adoption of the Lower Santa Fe River MFL. While NFUCG's agreement already includes
funding for legal assistance, our members wanted to advise our Boards and Commissions that we
are considering a rule challenge.
To ensure attorney-client privilege, the group members would like to enter a Joint
Defense/Common Interest Agreement. This would not affect any requirement to provide
information under the Public Records laws, however it would protect information that would fall
under attorney-client confidentiality laws.
BUDGET: Atlantic Beach's portion ofNFUCG costs is 1.4% of the total expenditures. The
current budget is $7,000 (based on 1.4% of$500,000 estimated consulting costs) under account
number 400-5502-533-3100 Professional Services.
3
AGENDA ITEM# SF
DECEMBER 9, 2013
RECOMMENDATION: Approve the North Florida Utility Coordination Group Joint
Defense/Common Interest Agreement.
ATTACHMENTS: 1. Joint Defense/Common Interest Agreement
4
JOINT DEFENSE/COMMON INTEREST AGREEMENT
AGENDA ITEM# SF
DECEMBER 9, 2013
THIS AGREEMENT, is made and entered into on this __ day of
_______ , 2013, by and between the City of Atlantic Beach, Clay County Utility
Authority, City of Gainesville, City of Jacksonville Beach, JEA, City of Neptune Beach,
Town of Orange Park, and St. Johns County, which are hereinafter each individually referred
to as a "Party" and collectively as the "Parties."
WHEREAS, the Parties are public water suppliers providing water utility service to
customers in Northeast Florida; and
WHEREAS, the Parties have executed a Memorandum of Agreement to jointly and
collaboratively pursue their shared objectives of assuring that water resources in the region are
protected, and that sufficient water supplies exist to meet existing and future water demands in
the region; and
WHEREAS, the Parties have operated collaboratively under the Memorandum of
Agreement as the North Florida Utility Coordinating Group (''NFUCG"); and
WHEREAS, the Suwannee River Water Management District ("SRWMD") has
developed draft minimum flows and levels ("MFLs") for the Lower Santa Fe and Ichetucknee
Rivers and Priority Springs (the "LSFR MFLs") pursuant to Section 373.042, Florida Statutes;
and
WHEREAS, the Florida Department of Environmental Protection ("FDEP") has
accepted SRWMD's request that FDEP conduct rulemaking to adopt the LSFR MFLs and
related prevention and recovery strategies, such that the LSFR MFLs and related prevention or
recovery strategies must be applied by all water management districts within the State of
Florida; and
WHEREAS, on September 13, 2013 FDEP published Notice of Rule Development
proposing to adopt the LSFR MFLs and related recovery strategy by rule, and have indicated
intended fmal adoption of the proposed rule by January 2014; and
WHEREAS, the Parties desire to jointly oppose the LSFR MFLs and related recovery
strategy as currently proposed, including but not limited to the initiation of a legal challenge to
the validity of the proposed rule adopting the LSFR MFLs and related recovery strategy, and
share a common interest in said legal challenge(s ); and
WHEREAS, the Parties desire to share information in furtherance of their common
interest and to maintain the confidentiality of all information exchanged in furtherance of their
common interest, and intend on using the infonnation exchanged only for the common interest
of the Parties.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein as covenants, the mutual promises herein made and exchanged, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
Page 1 of4
1. Confidential Information and Joint Defense.
AGENDA ITEM# SF
DECEMBER 9, 2013
1.1 Mutuality of futerest. The Parties have a common interest in opposing the
adoption of the LSFR MFL and related recovery strategy by FDEP, which arose
upon publication of the Notice of Rule Development on September 13, 2013. To
protect this common interest, the Parties shall establish and operate under a
common interest arrangement concerning any administrative challenge to LSFR
MFL and any related litigation.
1.2 Confidential Information. The Parties are not required to, but may in their
respective sole discretion, share Confidential Information with the other Party as
set forth herein. Except as expressly set forth herein, the term "Confidential
fuformation" shall be defined as any documents, communications, or other
information disclosed to one Party by the other Party in furtherance of the
Parties' common interest. The Parties agree that any Confidential Information
that would otherwise be protected from disclosure to third parties will remain
confidential and protected from disclosure to any third party by the attorney-
client and attorney work product privileges, and the Parties agree that any
exchange of Confidential fuformation is not intended to waive any attorney-
client or work product privilege.
1.3 Use of Information. Each Party shall use the Confidential Information received
from the other Party only in furtherance of the common interest of the Parties.
No other rights are implied or granted under this Agreement. Nothing contained
herein obligates any Party to divulge, communicate, or exchange any
confidential documents and/or information. All Confidential fuformation shall
not be copied or distributed, disclosed or disseminated in any way or form to
anyone except the Parties, the Parties' attorneys or Parties' own employees,
contractors, agents or consultants who have a reasonable need to know said
Confidential Information, who are advised as to the confidential and proprietary
nature of such Confidential fuformation, and who shall be bound by the
restrictions on use as specified in this Agreement.
1.4 Requests for Confidential Information. If a third party, including any
government agency, requests or demands, by subpoena, discovery request, public
records request, or otherwise, any or all of the Confidential Information or any
other documents or information exchanged or made available in furtherance of
the Parties' common interest, each Party agrees to notify the other Party in
writing as soon as practical. All reasonable steps shall be taken to enable the
Parties to assert any and all applicable rights to privileges or protections with
regard to such documents or information. Additionally, the Parties shall have the
ability to contest the disclosure of the Confidential Information before it is
disclosed to any outside party. Nothing herein is meant to contravene any
applicable provision of the Florida Public Records Act (the "FPRA"). To the
extent that a document is public under the FPRA, notification will be provided to
the originator of the document prior to or contemporaneous with the production
of the document to the extent feasible.
2. Termination. Any Party may terminate this Agreement at any time by providing
written notice to the other Parties. Termination shall be prospective only and will not
Page 2 of 4
AGENDA ITEM# SF
DECEMBER 9, 2013
affect the parties' mutual obligation to hold confidential all Confidential Information
exchanged prior to receipt of written notice of withdrawal.
3. Survival. The privileges and confidentiality obligations set forth herein shall survive
termination of this Agreement.
4. Non-Assignability. The Parties shall not assign any of its rights or responsibilities under
this Agreement to any other person or entity without all other Parties' prior written
consent.
5. Governing Law. This Agreement has been entered into in the State of Florida and shall
be construed and interpreted in accordance with, and shall be governed by, the laws of
the State of Florida.
6. Severability. Should any provision of this Agreement, or part thereof, be deemed invalid
or unenforceable by a court of competent jurisdiction, the remainder of the provisions
and this Agreement shall continue in full force and effect.
7. Non-waiver. The failure by any Party to insist upon the strict performance of any term
of this Agreement shall not constitute a waiver of such term or a waiver of the right to
assert a breach thereof. No waiver of any breach shall alter or affect this Agreement,
which shall continue in full force and effect until terminated.
8. Effective Date of Common Interest. The Parties agree that while this Agreement is
executed the date first written above, it shall be effective to cover all Confidential
Information shared by and among the Parties beginning on the first date FDEP published
Notice ofRule Development on September 13,2013.
9. Execution. This Agreement may be executed in counterparts and by facsimile signatures
which when taken together shall constitute the entire Agreement.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 3 of4
AGENDA ITEM# SF
DECEMBER 9, 2013
IN WI1NESS WHEREOF, the Parties hereto have executed this Agreement on the date
first written above.
City of Atlantic Beach JEA
Name: ___________ _ Name: ____________ ___
Title: --------------Title: ____________ _
Clay County Utility Authority City of Neptune Beach
Name: Name: --------------------------
Title: Title: ____________ _
-------------
City of Gainesville Town of Orange Park
Name: ------------Name: ___________ ___
Title: ____________ _ Title: -------------
City of Jacksonville Beach
St. Johns County
Name: ---------------
Title: ____________ _ Name: --------------
Title: -------------
Page 4 of4
AGENDA ITEM# lOA
DECEMBER 9, 2013
Model Language for Proposed Human Rights Ordinance in Atlantic Beach
Here's some draft language for us to begin discussing for Atlantic Beach. It is meant as a
starting point, and is modeled from language being used in other parts of Florida (including
Jacksonville). For housing I followed Jacksonville's lead and instead of restating the law I
referred to federal law-because this is what Jacksonville currently does, and it would be
unwieldy to reproduce that in its entirety.
Chapter [#] -Civil Rights
Article I. Declaration of Policy
(a) It is the intent of the city commission, in enacting this chapter, to protect and safeguard the
right and opportunity of all persons to be free from all forms of discrimination, including
discrimination based on age, race, color, religion, national origin, disability, marital status, sex,
gender identity or expression, sexual orientation, or veteran's status, in employment, housing,
and places of public accommodation.
(b) The commission's purpose in enacting this chapter is to promote the public health and
welfare of all persons who live in, visit, and work in the city. There is no greater danger to the
health, morals, safety and welfare of the city and its inhabitants than the existence of prejudice
and antagonism against each other because of differences of age, race, color, religion, national
origin, disability, marital status, sex, gender identity or expression, sexual orientation, or
veteran's status. Discriminatory practices deny the city the full productive capacity of the people
who live and work in the city, infringe on the personal liberties of the city's citizens, and are a
menace to the very institutions, foundations, and bedrock of a free, democratic society.
(c) The general purpose of this chapter is to secure for all individuals within the city freedom
from discrimination in employment, housing, and public accommodations based on age, race,
color, religion, national origin, disability, marital status, sex, gender identity or expression,
sexual orientation, or veteran's status and thereby to protect their interest in personal dignity, to
make available to the city their full productive capacities, and to preserve the public safety,
health, general welfare of the city.
Article II. Definitions.
Age means the chronological age of any individual who is 18 years or older.
Discriminate, discrimination, and discriminatory include any difference in treatment because of
a person's age, race, color, religion, national origin, disability, marital status, sex, gender identity
or expression, sexual orientation, or veteran's status.
Employee means a person employed by or seeking employment from an employer. It does not
include any person employed by parents, a spouse, or a child.
Employer means a person who has 15 or more employees for each working day in each of 20 or
more calendar weeks in the current or preceding calendar year and includes an agent of the
employer, but does not include the State of Florida or any of its agencies or the United States or
any of its agencies. Employment agencies shall be considered employers for the purposes of this
chapter.
Religion means all aspects of religious observance, practice, and belief.
National Origin means the origin of an ancestor, the country of origin of a person's forbearer,
naturally, by marriage, or adoption.
AGENDA ITEM# lOA
DECEMBER 9, 2013
Marital Status means the presence or absence of a marital relationship and includes the state of
being married, separated, divorced, widowed, or single.
Places of public accommodation shall mean any establishment, service, place or building which
offers, sells, or otherwise makes available to the public any good, service, facility, privilege or
advantage, including any retail or wholesale establishment, any place or resort of amusements,
inn, hotel, motel, restaurant, cafeteria, lunch counter, bar, lounge, night club, movie theater,
theater, concert hall, sports arena, stadium, convention hall, library or educational facility
supported in part or in whole by public funds, any public conveyances (including taxis,
limousines and buses), barber and beauty shops, hospitals, health care facilities, laundries,
swimming pools, nurseries, kindergartens, or day care centers, or any establishment located on
the premises of a place of public accommodation which holds itself out as serving patrons of the
place of public accommodation. The following shall not be considered places of public
accommodation: private clubs or establishments not open to the public other than members of the
club or establishment, and facilities and accommodations owned or operated by religious
organizations, associations, societies, or non-profit organizations operating or controlled by a
religious organization, where the facilities and accommodations are made available to members
of that religion but not to the public.
Gender identity or expression means a gender-related identity, appearance, expression or
behavior of an individual, regardless of the individual's assigned sex at birth.
Sexual Orientation means actual or perceived heterosexuality, homosexuality, or bisexuality.
Veteran's status means current or former service (so long as discharge was other than
dishonorable) in any branch of the armed forces of the United States, including in Reserve or in
the National Guard.
Unlawful Discriminatory Practice means a practice prohibited under the provisions of this
chapter.
III. Unlawful Discriminatory Practices
(a) Employment. It shall be unlawful for an employer to discriminate in employment decisions
or practices on the basis of an employee's age, race, color, religion, national origin, disability,
marital status, sex, gender identity or expression, sexual orientation, or veteran's status.
Employment decisions or practices shall include recruitment, selection, hiring, layoff,
termination, discharge, rehiring, upgrading, promotion, demotion, transfer, segregation or
classification of employees or applicants in a way which would tend to deprive the individual or
employment opportunities, rates of pay or other forms of compensation, use of facilities, or
similar actions.
(b) Housing. It shall be unlawful to discriminate in the provision, sale, brokerage, negotiation,
advertisement, or appraisal of housing or shelter to be denied or restricted, as described in 42
USC 3604, 3605, 3606, 3607, or 3617, to an individual on the basis of an individual's age, race,
color, religion, national origin, disability, marital status, sex, gender identity or expression,
sexual orientation, or veteran's status. The religious exemptions outlined in 14 USC 3607 shall
apply.
(c) Public Accommodations. It shall be unlawful to for a place of public accommodation to
discriminate because of an individual's age, race, color, religion, national origin, disability,
marital status, sex, gender identity or expression, sexual orientation, or veteran's
/\GENOA ITEM# 10/\
DECEMI3ER 9, 2013
status. Discrimination by a place of public accommodation shall include reft1sal, withholding, or
denial to an individual any services, access, advantages, goods, facilities, or privileges of a
public acconunodation. Discrimination by a place of public accommodation shall also include
any advertisement, publicalion, circulation, display, posting, mailing, or communication to the
effect that acco mmodations, services, goods, advantages, fac ilities, or privileges of a public
accommodation are unwelcome, objectionable, unacceptable, or will be denied on the basis of an
individual's age, race, color, religion , national origin, disabili.ty, marital status, sex, gender
identity or expression, sexual orientation, or veteran's status.
IV. Enforcement.
The Jacksonville Human Rights Commission, as established i11 Chapter 60 of the Jackson vi lie
Municipal Code, shall be charged wilh the enforcement of this article through its normal
processes in manner consistent with the laws of Plorida and the United States.
'nthryu M. ( )nldc)
l.~:gislati\L~ C'nun L'l, SI:HL.' at tll tvluuicipa l t\dvoL'm:y 1 I llt111:11\ Rights Campaign
(2fL!) 2f\5-1261 t n il) 1 {202) 572-Xl174 t 1'fl IL'L) I (.c.02) (12R-0517 ( (Hx) l~.:atiH} 11. ><lk l~y@hn.:.ol'u.
IMU Rhoth .. lslnnd Ave NW~ Washington I)( 20036 I \\\\-W.ht c.otg
1Ms emafl, and any atwchedfiles, contains information belonging to the Human Rights Campaign, which may be
COI?fidenlial and/or privileged. ifyou are not the In/ended recipient, any review, use, distribuNon, or disclosure to
others is prohibited. if you have received this email in error, please notffY the sender immediately by reply email
and delete all copies ofthis mes.rage. Thank you.
April 22, 2013
MEMORANDUM
To: Jim Hanson, City Manager
From: Donna Bartle, City Clerk
AGENDA ITEM# lOB
DECEMBER 9, 2013
Below is a list of concerns with having Commission meetings/workshops at Adele Grage Cultural
Center.
1. Not enough parking for elected officials, staff and citizens.
2. Involves multiple department coordination as follows:
A. IT Department for projector, laptop(s) and network.
B. Public Works: setting up tables, chairs, etc.
C. City Clerk: bringing in and setting up equipment and distributing materials.
D. Recreation and Special Events: reserving room, coordinating the set-up for
access to supplies and equipment, answering calls regarding the meeting
because of its location, etc.
3. Audio recording is unreliable and very poor quality. During Strategic Planning, we used
an extra laptop to record on. The microphone plugged into the laptop was poor to
begin with so we put it in the middle of the room. If you place it close to me, it picked
up the noise from my typing. When we went to save the file, it took a long time. I tried
saving the first part of the meeting during the break to avoid having to wait at the end
of the night, but it took a long time saving even a portion of the recording which
prolonged the break.
4. Inconvenient for food delivery or pickup because of the parking issues. When Yvonne
had to bring in food for the Strategic Planning, her son had to drop her off with the food
and he drove around while she delivered and set up the food because there was no
place to park.
5. Cannot hear what is being said at the meeting because of:
A. The outside noise coming from the park.
B. The inside noise from events in the theatre.
C. We do not have microphones to speak in
D. We do not have sound system/speakers.
6. Very limited seating/space for citizens to attend.
7. No copier or computer readily available (if needed).
8. Office files not readily available (if needed).
AGENDA ITEM# I OB
DECEMBER 9, 2013
9. The sunlight made the Westside of the room hot and caused a glare on the computers.
Some participates were unable to look at the West side of the room because of the
sun being in their eyes.
Please consider changing the location of the scheduled budget workshops to the Commission
Chambers. Also, please consider using the Chamber for all other public meetings/workshops.
Thank you.
Sc·r.. 11·~. Loud and a·aucous nolsos. _
AGENDA ITI?,M /1 IUD & I OE
DECI~M13ER 9, 201J
Violations of this section declared to be loud and raucous noises shall include, but
not be limited to, the following acts:
(a) Horns and signaling devices. The sound of any horn, whistle or other audible
signaling device so as to create a loud and raucous noise, except as a danger
warning.
(b) Radios, phonograpl1s, electronic amplifiers and similar equipment. The using,
operating or permll1ing to be played, used or operated, of any radio, electronic
amplifier, musical instrument, phonograph or other device for the producing or
reproducing of sound in such manner such as to disturb the peace, quiet and comfort
of the neighboring inhabitants.
Enforcement considerations should include the day of the week, time of day
or night. volume of the noise, number of complainants, celebrations normally
associated with holidays, and any special events that may be in progress.
Generally, between the hours of 10:00 p.m. and 7:00 a.m. Sunday through
Thursday evenings and 11:00 p.m. and 7:00a.m. Friday and Saturday
evenings, the tolerance level for noise is significantly reduced, and
enforcement should be more stringent.
(c) Local vocal noises. Yelling, shouting, whistling or singing at any place so as to create a
loud and raucous noise so as to annoy or disturb the quiet, comfort, or repose of persons in
any office or other place of business, or in any dwelling, hotel or other type of residence.
(d) Animals. The keeping of any animal which, by causing frequent or long-continued noise,
shall disturb the comfort or repose of persons in the vicinity.
(e) Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor boat, personal water craft, lawn mower, motor vehicle or
similar device, except through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
(f) Construction or repairing of buildings. Construction activities which create loud or unusual
noises, including the excavation, demolition, alteration, construction or repair of any building
or structure other than between the hours of 7:00a.m. and 7:00p.m. Monday through Friday,
and 9:00a.m. and 7:00p.m. on Saturday .. 1 •J .-' , I I· No commercial construction ctl ~tvtl'r•s
within a residential community shall be allowed on Sundav. • Jfllr ~,, ll '" huLII•)tl
,, II '-111~1111 Jlll~lllH-.. r In Ill 11/b JO_L:dltr lllr ti~IQ!! CJOQ . m 'lllu7nO l l
ex-G~t-i-A Cases of urgent necessity in the Interest of public health and safety may be
AGENDA ITEM# lOD & lOE
DECEMBER 9, 2013
approved as an exception, and then only with the approval of the city building official or his/
her designee.
(g) Schools, churches, medical facilities. No person, while on public or private grounds
adjacent to any building in which a school, church or medical facility is in session or use,
shall willfully make or assist in the making of any noise which disturbs the peace or good
order of such activity occurring within the building.
(h) Any person engaged in any business in the city to use for the purpose of attracting or
soliciting customers to his place of business a megaphone or any mechanical or electrical
contrivance, or device or use any or boisterous noise, which might annoy persons on the
streets or on the sidewalks, or in the adjoining buildings.
(i) Commercial Lawn SeNice Companies. Commercial lawn service companies shall be limited
to working in residential communities between the hours of 9:00 a.m. and 7:00 p.m. on
Saturdays and Sundays.