Loading...
Agenda Packet 6-9-14CITY OF ATLANTIC BEACH CITY COMMISSION MEETING June 9, 2014 -6:30 PM AGENDA Call to order Invocation and pledge to the flag 1. A. B. C. D. E. Approve the minutes of the Regular Commission Meeting of May 12,2014. Approve the minutes of the Workshop of April28, 2014. Approve the minutes of the Pre-Budget Workshop of Apri123, 2014. Approve the minutes of the Commission HRO Workshop of April22, 2014. Approve the minutes of the Town Hall Meeting of April16, 2014. 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 and Financial Report for April2014. B. Approve the 90-Day Calendar (June-August) for the Mayor and Commission. C. Acknowledge receipt of the Annual Water Quality Report for 2013. D. Acknowledge receipt of the 1st Quarter 2014 Police Department Report. E. Award a contract for Bid No. 1314-09 for the Repair and Coating ofElevated Tank at Water Plant #2 in the amount of $122,540 to Utility Service Co., Inc. and authorize the City Manager to sign the contract. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 14-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE ONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND THE ATLANTIC BEACH COUNTRY CLUB DEVELOPMENT REGARDING MAINTENANCE OF A WOODEN BRIDGE, AND PROVIDING AN EFFECTIVE DATE. 7. Action on Ordinances A. ORDINANCE NO. 5-14-61, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. 1 B. ORDINANCE NO. 80-14-85, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, RECLAIMED WATER SYSTEM, ADDING SECTION 22-365 CHARGES FOR RECLAIMED WATER SERVICE, PROVIDING FOR AN EFFECTIVE DATE. C. ORDINANCE NO. 80-14-86, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, AMENDING SECTION 22-30, PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD OF MONITORING FIRE LINE USAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. D. ORDINANCE NO. 20-14-127, 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. 8. Miscellaneous Business A. Public Hearing-UBEX-14-00100012-Request for use-by-exception as permitted by Section 24-112 (c)(5) to allow the permanent storage of automobiles and automotive repair in the Light Industrial and Warehouse Zoning District located at 1840 South Mealy Street. (City Manager) B. Public Hearing-Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Thirty Foot Driveway at 436 Beach Avenue. (City Manager) C. Sewer Rehabilitation in Donner Subdivision HMGP Grant. (City Manager) D. Engineering Design of Stormwater Improvements for Seminole Road Drainage Improvements and Streetscape Project (PW1407). (City Manager) E. Sign Amortization. (City Manager) F. Request from the Friends of Atlantic Beach Elementary School. G. Town Center Landscaping. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and/or requests from City Commissioners and City Attorney 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, June 6, 2014. 2 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 IN ATTENDANCE: MINUTES *REGULAR CITY COMMISSION MEETING May 12,2014 CITY HALL, 800 SEMINOLE ROAD AGENDA ITEM# IA JUNE 9, 2014 Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill City Manager Nelson VanLiere City Attorney Richard Komando City Clerk Donna Bartle Recording Secretary Nancy E. Bailey ABSENT: Commissioner Maria Mark (excused) Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Woods announced that Commissioner Mark is out this evening due to a family emergency, which may also affect tomorrow night's HRO workshop. She asked for consensus to reschedule the HRO Meeting so Commissioner Mark can be here. It was a consensus of 4-0 to reschedule that meeting. Discussion ensued. 1. A. B. c. D. E. Approve the minutes of the Regular Commission Meeting of April14, 2014. Approve the minutes of the Commission HRO Workshop of March 12, 2014. Approve the minutes of the Community Meeting for the Multi-Use Path of March 19, 2014. Approve the minutes of the Special Called Meeting of March 24,2014. Approve the minutes of the Commission Workshop ofMarch 24,2014. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Chris Jorgensen, 92 W. 3rd, spoke in opposition to the HRO. Richard Reichler, 2025 Beach Ave., addressed Item 8B, speaking against the waiver request. He stated no waiver application has been submitted and no attempt to show that the request meets any of the legal requirements for approval of a waiver application. He stated the attachment included in the agenda is a variance application, not a waiver application~ He stated after submitting it they violated the law by building a 30ft. wide driveway anyway. He is requesting that the City deny the request or require that the owners correct the driveway violation and the following three additional violations of the land development code. The garage is built 5 ft. into the setback. A 6 ft. fence is erected in the front yard. The lot is in violation with ·50% maximum impervious requirement. He stated he is asking the Commission to require Mr. Carper or other authorized official to actually inspect the property for compliance with the law and require the owners to either change the materials used or otherwise reduce the amount of impervious surface on the property. He stated he is requesting the City deny this application and require that the owners correct their existing blatant violations of the Land Development Code. May 12,2014 REGULAR COMMISSION MEETING AGENDA ITEM# IA JUNE 9, 2014 Page2 E.K. Cottrell, 1656 Park Terrace E., President of Friends of Atlantic Beach Elementary (F ABE), requested the City, as part of the joint use agreement, assist with the reconditioning and resurfacing of the track over the summer. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Item SD was taken out of sequence and acted on at this time. D. Approval of City Sanitation Contract Modification and Extension. Public Works Director Rick Carper distributed a flyer generated in response to Commissioner Hill's comments last meeting about the plastic dumpsters' potential flammability. He explained the details of the extension of the contract with Advanced Disposal. Motion: Do not renew the contract with ADS and send out an RFP for services as soon as possible. Moved by Daugherty Motion failed due to lack of second. Motion: Approve the contract modifications and extensions with Advanced Disposal Services and authorize the City Manager to sign the extension for the City. Moved by Beckenbach, Seconded by Hill Discussion ensued. Commissioner Hill asked if 7 years was their idea or our idea, versus 5 years. City Attorney Komando stated that was built into the original contract that was approved 7 years ago. Further discussion ensued. At the request of Commissioner Beckenbach, Mr. Carper explained the background of Redman Consulting Group, the consulting group that was used for this contract. Votes: Aye: 3 -Beckenbach, Hill, Woods Nay: 1 -Daugherty MOTION CARRIED A. Proclamation Declaring Saturday, May 17, 2014 as National Kids to Parks Day. Mayor Woods read the Proclamation declaring May 17, 2014 as National Kids to Parks Day. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. City Manager Nelson Van Liere reported they will sign the contract with CRA for the police building. Stated Mr. Komando has been working on the Interlocal Service Boundary Agreement and it should be on the next agenda. Commissioner Becken bach asked that he explain further what is happening with the police station. Mr. Van Liere stated they had approved at the last meeting that, within a budget, they would negotiate a contract for them to evaluate the site so that consultant can get to work as soon as they sign that contract. Commissioner May 12,2014 REGULAR COMMISSION MEETING AGENDA ITEM# IA JUNE 9, 2014 Page3 Hill asked that the Commission get reports during the regularly scheduled meetings specifically on what progress is taking place. Chief Classey explained the only thing they are asking the consultant to do is evaluate the site. He stated they are not doing building plans. He stated this is a very short process; from the time signatme goes on contract, this is a 90-day process. He stated they were very specific and built in for two public meetings before the Commission. He stated the items in the RFP all specifically came from the Commission's direction and it was reviewed by the Commission before they were approved to send it out. He stated there will be a public meeting by this firm to the Commission with an opportunity for citizen input before they get knee deep into the study and will be able to hear directly from the Commission any more detail or to expand on any of the facts. He stated the scope of the work has been set, which includes two meetings, so if there were more that were desired that would be a renegotiation of the scope and an increase in the cost. He stated they will take the Commission's input and employ that into their study and then come back to the Commission with some different options about what they can do. Discussion ensued. Mr. Van Liere stated they are still working on refunding the utility revenue system debt and that will be coming back to them at a future meeting. He stated it should be about $1.2 million and about $130,000/year in debt service. He stated they have received many applications for the position of Public Works Director. He stated they are looking to fill the Assistant Public Works Director position, as well. Thanked Timmy Johnson and Yvonne Calverley and Public Works for their work on the Bowl Bash this past weekend. Stated all the Department Heads have been working hard to get their budgets into the computer so he can get to work in balancing and coming up with a proposal. He stated he will put the meetings on the next calendar. 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 and Financial Report for March 2014. B. Approve the 90-Day Calendar (May-July) for the Mayor and Commission. C. Authorize the City Manager to sign the two-year audit agreement extension engagement letter for services with Purvis, Gray & Company. D. Extend the contract with R & D Landscape & Irrigation for one year at the rate of $55,620.00 for Streets and $63,489.00 for Parks for a total cost of$119,109.00. E. Authorize the Mayor to sign the Agreement for the Hazard Mitigation Grant for Donner Subdivision Sewer Upgrade. Mayor Woods read the Consent Agenda. She pulled Item B. May 12,2014 REGULAR COMMISSION MEETING Motion: Approve Consent Agenda Items A, C-E as read. Moved by Hill, Seconded by Beckenbach Votes: Aye: 4-Beckenbach, Daugherty, Hill, Woods Nay: 0 MOTION CARRIED AGENDA ITEM# lA JUNE 9, 2014 Page 4 Mr. VanLiere explained the calendar. Commissioner Beckenbach stated he will not be available from June 3-18, 2014. Commissioner Daugherty stated he is not available on Wednesdays. The Commission added a meeting on 6/26/14 to meet with the consultant for the police building and it will be videotaped. Commissioner Hill stated he is not comfortable with the workshop setting on the floor because it leaves the public out of it for half the Commission. He stated he doesn't like putting his back to the public when he is trying to interact with them. Motion: Approve Consent Agenda Item B as updated. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 4-Beckenbach, Daugherty, Hill, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 14-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH RENAMING DONNER PARK COMMUNITY CENTER IN ATLANTIC BEACH THE "GAIL BAKER COMMUNITY CENTER". Mayor Woods read Resolution No. 14-04 in its entirety. A slide of the new sign for the Community Center was shown on the projector. Motion: Approve Resolution No. 14-04 as read. Moved by Daughe1ty, Seconded by Beckenbach Mayor Woods invited everyone to join them at 4:00p.m. tomorrow for the ceremony at Donner Park. She stated they have also planted a citrus tree at the park in Gail Baker's honor. Votes: Aye: 4-Beckenbach, Daugherty, Hill, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. Ordinance No. 5-14-61, Introduction and First Reading May 12,2014 REGULAR COMMISSION MEETING AGENDA ITEM# IA JUNE 9, 2014 PageS AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER, CHANGING THE TIME TO 6:00PM, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 5-14-61 by title. Motion: Approve Ordinance No. 5-14-61 as read. Moved by Hill, Seconded by Daugherty Commissioner Beckenbach referred to the May 29, 2012 agenda stating there have been a lot of items that were not normal items that would come before the Commission and now we are starting to settle down a lot more. He would like to give it another 6 months to determine whether there is a need for change. He stated he knows that staff has been pushed in the-past by the information that had to come through but right now he doesn't believe today's agenda is overwhelming for anyone, whether or not they have a workshop first. He stated at this time, there is no citizen who can say they didn't have the time to listen to what they had to say or to review something or to talk to them. He stated with a change to this it will occur. He stated he doesn't see a need to change from a workshop to a voting meeting. Mayor Woods stated she would like to have a full Commission for this decision and asked if they want to defer this to the next meeting. Commissioner Hill asked the City Attorney how his other clients meet who are similar size cities or is there a survey done on what other cities have done that is available. He stated he has a problem with the 6:00p.m. start time but doesn't mind trying the other part. He also stated staff hasn't asked them for a whole lot and he believes there has to be a driving force behind this. He stated he wants to explore this before he says no to it. City Attorney Komando explained he is not aware that a survey exists but from their other clients, some meet at 5:00, some at 5:30 and Orange Park meets at 7:00 with two Town Council meetings a month. He stated the County meets twice a month as well without the workshop setup, but they also meet at 5:30 and intentionally schedule their public hearings at 6:00 in case there is anything the public wants to participate in. He stated the Commission then handles Commission business beforehand. Mayor Woods stated she would like to do some kind of hybrid so the first part of the agenda gets taken care of on a regular basis but the action on resolutions, etc. still stays in the workshop and gets moved to the next agenda as the Commission feels comfortable with them. She stated that may help some of staff's problems with just the regular day-to-day things that move along a little bit faster than having the workshops for discussion on all these items. She stated she would still like to have Commissioner Mark in on this conversation and believes it is important enough for all of them to be here. She stated she would like them to start thinking about some kind of a hybrid so they can meet the citizens and staff's needs all together. Motion: Amend to change time back to 6:30 p.m. Moved by Daugherty Discussion ensued. Mayor Woods stated she would like to request that he withdraw his motion and they defer it to the next meeting. May 12,2014 REGULAR COMMISSION MEETING Commissioner Daugherty withdrew his motion. AGENDA ITEM# lA JUNE 9, 2014 Page 6 Commissioner Hill stated he will withdraw his original motion if it can be put back on for an original reading at a full quorum. Mayor Woods asked if they are going to ask staff to work out a hybrid for the next meeting. Commissioner Hill stated he would like to have staff review it and also get a brief report on a number of other cities that have a commute involved and are similarly sized with the same form of government. He stated there are two issues: travel time to get here and the number of times they meet and the number of times the public gets to view the information. City Clerk Donna Bartle stated she could help with research on what other cities do, if she understands what it is they want surveyed. She stated there was a recent survey where a citizen asked that the Commission get the agenda packet out sooner so this city clerk sent a question to all the other clerks to get their input and of the people who submitted the survey, six days was the most amount of time that they had their agendas out prior to their meetings. She stated she believes they were talking about regular action meetings and doesn't know if any of those also had workshops but their action agendas were out no more than 6 days, and in a lot of cases it was the Thursday or Friday before a Monday meeting. She stated we are already doing better than they are and with what the City Manager has proposed we will give an extra 5-7 days more than what we are doing currently. Mr. VanLiere asked what it is they want him to come back with. Mayor Woods stated she is thinking about a concept they had discussed before where they had a meeting and a workshop and at the meeting they took care of the consent agenda and things that just moved the City business along and then the workshop was for all the other things that needed discussion. Commissioner Hill stated the workshops seem to him to be less than productive, they talk about a lot of things but a lot of times they actually could take action on some things if they opened an actual voting meeting, they could actually expedite some things that need to move quicker and slow down some things that need to slow down. Mayor Woods stated any insight they could give staff between now and the next meeting would be greatly appreciated. Discussion ensued. Motion: Defer to June 9th meeting and give staff the opportunity to present some options. Moved by Daugherty, Seconded by Beckenbach City Clerk Bartle stated in order to put this on as first reading they would want it to be somewhat correct language or else they will have to take it to a first reading again. She asked if they are saying to just put the same thing on the agenda and then workshop it and then amend it before the regular first reading. Commissioner Beckenbach stated 6:30 would be the time to keep it and as far as other changes are concerned he would like to see what other options there might be. Mayor Woods asked the City Attorney to explain the process. Mr. Komando stated he would anticipate that at the workshop they should probably have drafted language a couple of different ways and, if they are just changing the time at that point, then the ordinance will be ready for first reading at the next regularly scheduled meeting. He stated if the concept is to do a hybrid, they can work on language to that effect and then they can also look to see what other cities are doing to see if there is some language they would want to include. Mayor Woods reiterated the motion and asked that they all talk to staff. Discussion ensued about the date to defer it to and it was determined it should be June 9. May 12,2014 REGULAR COMMISSION MEETING Votes: Aye: 4-Beckenbach, Daugherty, Hill, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business AGENDA ITEM# lA JUNE 9, 2014 Page 7 A. Public Hearing UBEX-14-00100010 -Request from American Well and liTigation for use-by- exception as permitted by Section 24-111 (c) ( 6), to allow contractors, not requiring outside storage in the Commercial General (CG) Zoning District on property located a at 1651 Mayport Road. Jeremy Hubsch summarized the use-by-exception explaining the updated final recommended conditions as discussed at the workshop: 1. The applicants establish a continuous hedge line along the chain link fence that borders the property at Mayport, Ardella, and Jackson Roads. This hedge line shall be six feet tall and shall be maintained by a supplemental water system. City staff shall perform a yearly inspection to ensure the hedge is compliant. 2. A City standard concrete apron from the edge of pavement to right-of-way line on both Ardella and Jackson Roads at the ingress/egress points that are currently in place shall be constructed. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Use-By-Exception 14-00100010 with the above conditions as recommended by the Community Development Board. Moved by Daugherty, Seconded by Beckenbach Discussion ensued regarding the hedge and the chain link fence. Votes: Aye: 4-Beckenbach, Daugherty, Hill, Woods Nay: 0 MOTION CARRIED B. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a 30Ft. Driveway at 436 Beach Avenue. Jeremy Hubsch explained the difference between variances and waivers. Discussion ensued regarding the issues Mr. Reichler expressed during Courtesy of the Floor. Mr. Hubsch explained the background of these issues and how they were approved. Mayor Woods stated she would like to defer this issue so the City Attorney can look into this. Mr. Komando stated he would like more direction as to what concerns she wants him to look at. Mayor Woods stated she wants him to look at everything Mr. Reichler brought up and that Mr. Hubsch discussed, i.e. garage within the 20 ft. setback, how it relates now that they have the front and the back and did the City Building Official have the right to grant a 5 ft. variance. Mr. Komando stated his understanding wasn't that the setback issue was before the Commission but he is happy to look at those things. He stated that decision may be something that can't be undone at this point. He stated Mr. Hubsch's explanation of the use of a waiver for the driveway is entirely conect under our Code. He stated the driveway portion of our Code is under 19-7, not part of Chapter 24 with the Land Development Regulations and when Mr. Reichler was talking about the difference between a variance and a waiver, variances are used for zoning Issues. May 12,2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA JUNE 9, 2014 PageS Mayor Woods further asked about the impervious issue on the site. Mr. Carper gave an explanation and showed a slide of the site. Motion: Defer until the June 9 meeting so the City Attorney can answer these questions. Moved by Daughe11y, Seconded by Hill Discussion ensued. Mr. Reichler answered questions from the Commission. Commissioner Daugherty stated he would like the City Manager to look at our staff process to see how something like this could have happened. He asked how can someone build something without permissiOn. Votes: Aye: 4-Beckenbach, Daugherty, Hill, Woods Nay: 0 MOTION CARRIED C. Sailfish Drive Storm Sewer Point Repair. Director of Public Works Rick Carper explained the repair project stating he is requesting to transfer money from the Seminole Road Stormwater project into his repair budget to pay Insituform to line this pipe. Motion: Authorize the City Manager to transfer $62,000 from the PW Stormwater Account 470-0000- 538-63-00, Project Number PW 1407 (Seminole Road Drainage Improvements) to PW Stormwater Account 470-0000-538-34-00, Other Contractual Services, to allow a 10% contingency on the proposed repairs. Moved by Daugherty, Seconded by Hill Commissioner Hill asked if the same thing is happening on Orchid Street because he has noticed similar failures under the road. Mr. Carper stated those were supposed to have just been repaired last week. He stated Orchid Street is 30 years old and the problem there is probably leakage quite deep, because the sanitary sewer is very deep, but they have just had some repairs done over there. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Woods Nay: 0 MOTION CARRIED D. Approval of City Sanitation Contract Modification and Extension. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. City Manager Van Liere asked for direction from the Commission as to whether they wanted to pursue helping Atlantic Beach Elementary with funds for the track, as discussed by Mr. Cottrell earlier tonight. He May 12,2014 REGULAR COMMISSION MEETING AGENDA ITEM# I A JUNE 9, 2014 Page 9 stated they are asking for $14,500. Mr. VanLiere stated he will look through the General Fund budget to see if there is anything we may not get to this year for funds he can repurpose. He stated if he is not able to do that he will have to put in a mid-year budget modification and ask to have it funded that way. Discussion ensued about easier access for citizens to the track. E.K. Cottrell, 1656 Park Terrace East, Friends of Atlantic Beach Elementary, stated access is one of the things they have talked about. He stated there is currently a sign at the two gates, which are normally locked so vehicles can't enter, that advises of the public's right to the track after 5:00p.m. on weekdays or anytime on the weekends. He stated the answer may be as simple as somehow designating that the entry gate is just around the comer. It was the consensus of the Commission to direct the City Manager to move forward with funding for the track. Mr. Van Liere stated they have a lot of parking issues at the beach and it has been suggested that there be no parking allowed on Beach Ave. Mr. Carper explained the section of Beach Avenue they are talking about is 20ft. wide and is one-way traffic. He stated he doesn't see a hazard. Discussion ensued. Commissioner Hill stated he believes the worst thing they could do would be to go after the existing access to the beach. He stated if you are going to get in the way of people accessing the ocean for recreation, no matter where they are from, it is not the right way to handle it. He stated part of our charm is that you can come to this community and find a way to get down to the beach. He stated the real problem is we have homeowners who put in 30ft. driveways and eat up spots and we have homeowners who put rocks and hedges, etc. that eat up spots that were completely available for many years, so at some point we have to say let's leave some parking for people to get to the beach. Chief Classey stated they have received a number of complaints over the last two years but the complaints have been from the same resident over and over again. He stated they evaluated it a number of times and there has not been the accident history that would manifest the danger that this particular individual states there is. He stated this is a bigger issue than just this location. You cannot imagine the number of complaints and requests they get to make places no parking the closer they get to the beach. He stated they have had to come up with a very methodical and fact based system to evaluate those because if it is made on an emotional decision or at a political level then what do they do the next time. He stated they evaluate it by the various safety manual guidelines. He further stated this stretch of Beach A venue is inherently different than the rest of it, if for no other reason than the sheer width. He stated 20 ft. wide is pretty good for a road that is a one-way street. He stated we have two-way streets in the core City that are 15 ft. wide. He stated assuming the cars are parking legally, as required by both State statute and City ordinance, you are leaving a good 12 ft. to go through for one-way traffic. Mayor Woods stated she believes Beach Avenue is not like any other street we have in the City; it is a constant promenade of pedestrians and bicycles. She stated they have said as a Commission that safety for pedestrians and bicycles is their primary concern. Commissioner Beckenbach asked if this is an agenda item. Mr. VanLiere stated he was asking for direction to come back and make it an agenda item or not make it an agenda item at the next meeting. Commissioner Beckenbach stated they could have discussion at the workshop if someone wants to put it on the agenda. Commissioner Daugherty stated he does not believe it is a pedestrian safety issue. Mayor Woods stated since she is the only one concerned about this issue, they will move forward and don't need to belabor it anymore but it is a safety concern. Mr. Van Liere stated they will need a special called meeting before the next workshop for a grant application, and an FDOT report that needs to be approved. He stated he will also be working on a mid-year budget ordinance to clean up some of the items like the City Manager and City Attorney salaries, etc. May 12,2014 REGULAR COMMISSION MEETING 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle AGENDA ITEM# lA JUNE 9, 2014 Page 10 • Stated there is a shortage of committee applications, in particular for the Cultural Arts and Recreation Advisory Committee, and asked that they help get people to apply. Discussion ensued regarding term limits. Commissioner Daugherty • Reminded everyone to come to the Employee picnic. Commissioner Beckenbach • Stated he received a letter from the Commission on Ethics dismissing a complaint that was filed against him and asked that the letter be made part of the record (which is attached and made part of this Official Record as Attachment A). Commissioner Hill • Thanked staff for what has been a pretty heavy workload over the last two or three weeks, with the work on the sanitation agreement, etc. • Attended the last meeting of Cultural Arts and Recreation Advisory Committee and saw a disconnect there; it was crumbling before his eyes a little and he believes something systemic has to be the cause of that because it is a community-based board. He asked the City Manager to review it to see why it is having a disconnect. Mayor Woods • Discussed having an RFP for food trucks at Dutton Island and Tideviews and asked if there was any interest. Commissioner Hill stated he does not believe as a regular ongoing thing it would function properly, nor get the volume they need to function. He stated he does believe if they had a food truck rally, as a one time thing, they would probably have a lot of people attend. Commissioner Daugherty stated parking would be an issue. • Announced the inaugural class of the Citizens Police Academy has just completed an intensive 1 0- week course and will be graduating this Thursday evening, May 15. She congratulated Nancy Bailey for being a graduate. • Announced that the AED Alliance Organization has graciously donated an automated external defibrillator to Atlantic Beach Elementary and thank Harold and Becky Cohn for their generosity. • Attended the Beaches Watch meeting last Wednesday with Commissioner Mark and City Manager Van Liere where Councilman Bill Gulliford and members of the Consolidated Government Task Force gave a report and stated everyone had agreed there was no need to open the Interlocal Agreements. • Stated the City Manager search is on schedule with all Commission and staff interviews completed. • Announced she will be representing Atlantic Beach on Tuesday, May 13, at a luncheon at the Casa Marina hosted by the Jacksonville Area Ship Repair Association with guest speakers to be the Secretary of the Navy and Congressman Ander Crenshaw. • Also announced the Gail Baker Community Center naming ceremony will be at 4:00 p.m. tomorrow. • Stated the HRO workshop has been cancelled for tomorrow and will be rescheduled. • The Mid-week Market will be held Wednesday, May 14, in Bull Park from 3:00-6:00 p.m. • The NEFLC dinner/meeting hosted by the three beach communities will be Wednesday night, May 14, at the Casa Marina Hotel. She stated there is still time for local businesses to donate door prizes. May 12,2014 REGULAR COMMISSION MEETING • The Art Walk in Town Center is this Thursday, May 15 from 5:00-9:00 p.m. • Gospel in the Park will be held Saturday, May 17, which will be their lOth year. AGENDA ITEM# IA JUNE 9, 2014 Page 11 • Darrein' in the Street will be in Town Center on May 17 from 11:00 a.m. to 9:00p.m. She stated you can call241-l 026 to volunteer or for more infmmation. • There will be a Hazardous Waste Collection and on-site shredding in Jacksonville Beach on May 17 from 9:00a.m.-3:00p.m. in their maintenance building at 1460 Shetter Avenue. • On Monday, May 26, the Beaches Memorial Park Veterans ceremony honoring our veterans which will begin at 2:00 p.m. She stated please bring a lawn chair and everyone is encouraged to buy a brick. • The next Commission Workshop will be held on Tuesday, May 27, because of the Memorial Day holiday. City Clerk Bartle wished Mayor Woods a Happy Birthday. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:56p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer *A Workshop was held on April 28, 2014 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. In reMARK BECKENBACH, Respondent. BEFORE THE STATE OF FLORIDA COMMISSION ON ETHICS ATTACHMENT A DAT·E FILE·D APR 3 0 2014 COMMISSION ON ETHJCS ) ) ) Complaint No. 14-022 PUBLIC REPORT AND ORDER DISMISSING COMPLAil'JT On Friday, April 25, 2014, the Commission on Ethics met in executive session and considered this complaint for legal sufficiency pursuant to Commission Rule 34-5.002, F.A.C. The Commission's review was limited to questions of jurisdiction of the Commission and of the adequacy of the details of the complaint to allege a violation of the Code of Ethics for Public Officers and Employees. No factual investigation preceded the review, and therefore the Commission's conclusions do not reflect on the accuracy of the allegations of the complaint. The Commission voted to dismiss the complaint for legal insufficiency, based on the following analysis: 1. This complaint was filed by John L. Fletcher of Jacksonville Beach, Florida. 2. The Respondent, Mark Beckenbach, allegedly serves as a City Commissioner and Mayor Pro Tempore of the City of Atlantic Beach. 3. The complaint alleges that the Respondent voted, on December 9, 2013, to terminate, without cause, the services of the long-serving City Manager and the long-serving City Attorney, after stating that he had lost confidence in them; and that both were terminated by a 3-2 vote. Further, the complaint alleges that the Respondent filed, as a lead plaintiff, a lawsuit against a developer/property owner, seeking to quiet title (in himself and the other plaintiffs) to AGENDA ITEM# lA JUNE9, 2014 property, upon some of which the City holds an easement from the defendant (developer/property owner) in the lawsuit and has placed sewer lines, and seeking money damages. In addition, the complaint alleges that the suit does not name the City as a defendant; but that the City, the developer/property owner, and an organization formed by the Respondent and others were involved in a prior lawsuit challenging the developer/property owner's title to the property, which resulted in a judgment (affirmed by the District Comt of Appeal) in favor of the developer/property owner. Continuing, the complaint alleges that the City Attorney (later terminated by the 3-2 vote) defended the City's interest in the prior litigation (due to the City's interest in acquiring the easement/sewer pipes placement), and that the Respondent did not disclose the existence of the new suit prior to his advocacy and vote for the terminations on December 9. And, the complaint concludes that it was the Respondent's duty to disclose to the City Commission and the public, prior to participating in debate over and voting for termination, that he had filed suit challenging title to property which includes the City's easement; that the two people (City Attorney and City Manager) with the most knowledge of the property's history and prior litigation were "removed," thus benefiting the Respondent's private interests; and that the Respondent "failed in his duty to be transparent before a critical vote that would have an impact on his personal interests." 4. Within the Code of Ethics (Part III, Chapter 112, Florida Statutes), and relevant to the complaint, are the following statutes: VOTING CONFLICTS.-No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business 2 AGENDA ITEM# IA JUNE 9, 2014 associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. [Section 112.3143(3)(a), Florida Statutes.] MISUSE OF PUBLIC POSITION.-No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This· section shall not be construed to conflict with s. 104.31. [Section 112.313( 6), Florida Statutes.] "Corruptly" means done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties. [Section 112.312(9), Florida Statutes.] CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee ... ; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. [Section 112.313(7)(a), Florida Statutes.] For the reasons particularized below, the complaint does not indicate a possible violation of any of the relevant statutes. 5. As to Section 112.3143(3)(a), the voting conflicts law, it requires oral declaration, abstention from voting, and the filing of a memorandum of voting conflict (CE Form 8B), but only as to votes/measures which would inure to the special private gain or loss of the public 3 AGENDA ITEM# lA JUNE 9, 2014 officer or to persons or entities connected to the officer as specified in the statute. And, in many decisions, the Commission on Ethics has found that special private gain or loss is not present where there is uncertainty at the time of the vote as to whether gain or loss would result from the measure and what the nature or degree of the gain or loss might be. See, among others, CEOs 07-14 and 07-15 (city commissioner voting on lawsuit matters).1 Here, it is by no means certain that termination of the City Attorney and the City Manager would affect the Respondent's fortunes in the new lawsuit, especially since the City is not named in it as a defendant, since the City Attorney presumably is not defending the suit, since other counsel presumably are defending the suit for the developer/property owner, since other counsel and management can be provided for the City, if need be, since both the City Attorney and the City Manager are susceptible to participation and cooperation regarding the lawsuit (e.g., as information resources or witnesses) despite their terminations, and since generic issues of title, issue preclusion (e.g., res judicata), and other factual or legal matters particular to the new litigation, rather than the historical knowledge of the City Attorney and the City Manager, likely will have paramount significance to the outcome of the case. Therefore, while it is apparent that the vote caused loss to the City Attorney and the City Manager, there is no indication that special private gain or loss would inure to the Respondent from the vote, such gain or loss being a necessary condition of his having to declare, abstain, and file a memorandum of voting conflict? 1This recognition that where the gain or loss is remote or speculative there will be no special private gain is now codified in the voting conflicts statute, itsel£ Section 112.3143(1), Florida Statutes (2013); Chapter 2013-36, Laws ofFlorida. 2 We are aware of no law or other standard of conduct requiring "general disclosure" of the Respondent's interests regarding the new lawsuit. 4 AGENDA ITEM# IA JUNE 9, 2014 6. Regarding Section 112.313(6),3 it is not inconsistent with the proper performance of public duty for a governing board member to be involved in discussion regarding, and to vote on, the board's decision to terminate the engagement of persons providing services to the board or the political subdivision headed by the board. Further, the complaint's assertion that the terminations of the City Attorney and the City Manager were part of an effort on the part of the Respondent to advantage his private interests merely is conclusory, lacking factual allegations necessary to substantively indicate a possible violation of the statute. Also, it is not uncommon for such personnel changes to occur in situations such as that of the complaint, where a governing board undergoes a political "regime change," especially where, as in the instant complaint, there is no indication that those allegedly terminated held any contract rights or merit system retention rights in the positions. Additionally, Blackburn v. State. Commission on Ethics, 589 So. 2d 431 (Fla. 1st DCA 1991), recognizes that a public officer's receiving a private benefit from legitimate public duty performance (in the instant complaint, personnel terminations/changes) will not render the officer's conduct violative of the statute. 7. Concerning Section 112.313(7)(a), an essential element necessary for a violation is that one holds a conflicting employment or contractual relationship; and an allegation, such as that of the complaint, that one is a plaintiff in a lawsuit does not, in and of itself, indicate the existence of employment or a contractual relationship. Further, under the first part of the statute, a real property title litigation dynamic is not indicative of the Respondent, or anyone else, being "subject to the regulation of," or "doing business with," the City or the City Commission. Under the second part of the statute, assuming arguendo that the Respondent holds some employment 3 Section 112.312(9), Florida Statutes, supplies the definition of "corruptly" applicable to Section 112.313(6). However, it does not, itself, establish a separate standard of conduct. 5 AGENDA ITEM# lA JUNE9, 2014 or contractual relationship, his being a plaintiff in a lawsuit, especially where the City is not a defendant, is not indicative of a continuing or frequently recurring conflict or an impediment to the full and faithful discharge of public duties. Fanizza v. State, Commission on Ethics, 927 So. 2d 23 (Fla. 4th DCA 2006). Accordingly, this complaint is hereby dismissed for failure to constitute a legally sufficient complaint with the issuance of this public report. ORDERED by the State of Florida Commission on Ethics meeting in executive session on April25, 2014. cc: Mr. Mark Beckenbach, Respondent Mr. John L. Fletcher, Complainant MRB/cca!mwf ~p;~ Chair, Florida Commission on Ethics 6 AGENDA ITEM# JB JUNE 9, 2014 MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON APRIL 28, 2014 City Commission Members present: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jimmy Hill Commissioner Maria Mark City Commission Members absent: Commissioner Jonathan Daugherty Staff present: Nelson Van Liere, City Manager Richard Komando, City Attorney Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Call to order. The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of May 12, 2014, was called to order at 6:31 p.m. by Mayor Woods. She stated she would assume that Commissioner Daugherty is hung up in traffic and will be here as soon as he can be. She stated she was going to move Items 8A-8D up since there were people in the audience for these items. Item SA was taken out of sequence and acted on at this time. 8A. Public Hearing-UBEX-14-00100010-Request from American Well and Irrigation for use-by- exception as petmitted by Section 24-111 (c) (6), to allow contractors, not requiring outside storage in the Commercial General (CG) Zoning District on property located at 1651 Mayport Road. Redevelopment and Zoning Coordinator Jeremy Hubsch summarized his staff report for the use-by- exception, showing various slides of the site. He stated this was the former location of Christy Plumbing. He explained the Community Development Board recommendations, also shown on a slide. He stated the applicants were here to answer questions. Mr. Hubsch answered questions from the Commission. Joe Conselice, Owner, American Well & Irrigation, answered questions from the Commission. Mr. Conselice stated he was agreeable to the conditions requested by the Community Development Board. Commissioner Hill stated he wanted the recommendation removed regarding limiting the number of vehicles allowed. He also spoke in favor of the chain link fence. Discussion about the chain link fencing ensued. Mayor Woods explained to the applicant that no decisions would be made tonight since this was a workshop. Item 8B was taken out of sequence and acted on at this time. 8B. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Thirty Foot Driveway at 436 Beach Avenue. Public Works Director Rick Carper showed a slide of the preexisting conditions before the development took place showing the 20' wide driveway and indicating where they want to put the new 30' driveway using pervious pavers. He stated the developer was here if they have questions. There was no discussion from the Commission. Minutes -City Commission Workshop Page2 Item 8D was taken out of sequence and acted on at this time. 8D. Approval of City Sanitation Contract Modification and Extension. AGENDA ITEM# lB JUNE 9, 2014 April 28,2014 Public Works Director Rick Carper explained that at the February meeting the Commission approved extending the contract and authorized the City Manager and him to meet with Advanced Disposal to modify the contract as necessary. He summarized his staff report explaining the contract. He passed out pamphlets of the new plastic dumpsters that will replace what they currently have, stating they are quieter and don't rust. Mayor Woods asked if our commercial businesses recycle and was that a consideration in this contract. Mr. Carper stated commercial recycling under State law is an open market. He stated they can't require them to recycle; but the businesses are allowed to contract with anyone they want if they want to recycle. Brad Gardner of Advanced Disposal answered questions from the Commission. Mr. Carper stated the hauler will replace their entire primary collection fleet by the end of 2018. He further stated, after the staff report was sent to the Commission, they received a five- page letter from Bill Redman giving a summary of the contract explaining what our financial benefit is. He stated he will make sure a copy gets to the Commission before the next meeting. Item 8C was taken out of sequence and acted on at this time. C. Sailfish Drive Storm Sewer Point Repair. Public Works Director Rick Carper summarized his staff report showing a slide of the areas with the stormwater pipe leaks. He answered questions from the Commission. WORKSHOP-ONLY ITEMS: 1. Proclamation for Public Service Recognition Week. Mayor Woods read the Proclamation in its entirety proclaiming the week of May 4-10, 2014 as Public Service Recognition Week. *DISCUSSION OF AGENDA ITEMS ON MAY 12, 2014 COMMISSION MEETING: 1. A. B. C. Approve the minutes of the Regular Commission Meeting of April14, 2014. Approve the minutes of the Commission HRO Workshop of March 12,2014. Approve the minutes of the Community Meeting for the Multi-Use Path of March 19, 2014. D. Approve the minutes of the Special Called Meeting of March 24, 2014. E. Approve the minutes of the Commission Workshop of March 24,2014. Commissioner Hill stated there was a consensus given at one of the meetings that they would not record the HRO Workshop. He stated, in the future, when there is an issue of that importance he would like to call for a vote for a consensus so they are sure, because he believes there was some confusion on that Issue. Mayor Woods stated anytime he would like a roll vote he can speak up and they can decide. 2. Courtesy of Floor to Visitors Minutes-City Commission Workshop Page3 AGENDA ITEM# lB JUNE 9, 2014 April28, 2014 A. Proclamation Declaring Saturday, May 17, 2014 as National Kids to Park Day. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. City Manager VanLiere stated Chief Mike Classey has been working with the consultants on the Police Building and they will have a fee proposal to us by Friday and if it is acceptable they will proceed. He stated it doesn't need to come back to the Commission since they already received approval up to a certain amount; he just wanted to let them know where it was at. He thanked everyone for the budget input. He stated it gave him a lot to work with. 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 and Financial Report for March 2014. B. Approve the 90-Day Calendar (May-July) for the Mayor and Commission. C. Authorize the City Manager to sign the two-year audit agreement extension engagement letter for services with Purvis, Gray & Company. D. Extend the contract with R & D Landscape & Irrigation for one year at the rate of $55,620.00 for Streets and $63,489.00 for Parks for a total cost of$119,109.00. E. Authorize the Mayor to sign the Agreement for the Hazard Mitigation Grant for Donner Subdivision Sewer Upgrade. Mayor Woods read the consent agenda. Commissioner Beckenbach asked about the 90-day calendar. Mr. VanLiere explained the calendar is for staff to set the dates for the meetings they know they are going to have and any alternative meetings they want to add to the basic calendar. He stated for each will be the topic, time, place and whether it is to be recorded and the format for the meeting. He stated the 90-day calendar allows the Commission to see what is coming in advance and being on every consent agenda they will have a chance to say whether they can make a meeting. He stated what he is asking is that they come to the meeting with their calendars and if someone wants to change a date, they will pull that item off the consent agenda, make a motion to move or add a date, etc. He stated in the staff report each month they will have a bullet list of the items added to the calendars. He stated this way they won't have the problems of whether they are going to record the meetings, how the floor will be set up, etc. He stated he believes by them adopting the calendar each month, it will solve these problems. Commissioner Beckenbach suggested using the Google calendar. Mr. Van Liere stated they could use those tools to allow them to put the calendar together but he believes it is also good for the public to see what is coming and it is very easy to flip through these three pages and see what is coming. Minutes -City Commission Workshop Page4 AGENDA ITEM# lB JUNE 9, 2014 April28, 2014 Commissioner Hill questioned whether the contract with R&D was from the conversation they had during the budget workshop about increasing it and does it reflect the increased number. Mr. Van Liere stated this is for the current level of services. Mr. Carper explained this item is just for the existing contract, covering the parks, Atlantic Blvd. and Mayport Road medians, the areas they currently maintain. He stated he strongly recommends that we extend the contract; they are very responsive, do a very good job, and we get a lot of compliments about our parks they maintain. He stated it is the same price it has been for the last three years. Commissioner Beckenbach asked about the extension for Purvis Gray. He stated he doesn't know what the policy is as far as continuing with the same firm on a regular basis. He asked if after the two years, would the City be required to go with another company. Mr. VanLiere explained they have to form an audit selection committee and the existing auditor is able to partake. He stated there are two schools of thought. One is if you change out then you get a new set of eyes, a fresh look from a different perspective. He stated the alternative is, if you stay with the existing firm, they know your business better than anyone; they have already been through your books, they know what looks normal and not normal and if you want to insist that you have a fresh set of eyes, you can have the partner assign different staff to it and accomplish the same thing. He stated some cities require that you rotate, others see the value in keeping the same one. He explained the auditors don't just audit our books, they have a lot of knowledge about our operation. He stated they know the history for so many years on how our revenues are tracking and so they have a lot of insight when they look at the numbers and a new firm would have to start from scratch. He stated when you bring in a new firm, it is a lot of extra work on the staff. Commissioner Beckenbach asked, for a city that is looking at a change, is it a six-year period that they would change out. Mr. Van Liere stated that seemed typical and they did four plus two, which is typical, and that allowed them to change after four if the service wasn't what they desired. He stated they have been excellent, so he sees no reason not to do the extra two. Commissioner Beckenbach asked if, at the end of the two-year period, there will be an audit committee that will get together and then the firm will be able to apply. Mr. VanLiere stated he is pretty sure the existing firm can participate in that, but either way the committee will be formed and they will go through the process. 5. Committee Reports Mayor Woods stated tomorrow night will be the inaugural meeting of the Charter Review Committee in the Chamber at 5:00 p.m. She asked if it would be videotaped. City Attorney Komando stated he had no issue with it just being audiotaped. He stated he anticipates there will be a good amount of very helpful conversation that he believes the public would want to review. Mayor Woods asked if there were any other rules or regulations concerning this committee they should be aware of. Mr. Komando stated it is standard for any appointed board or commission where they are required to meet in the sunshine. He stated they will need to appoint a Chair, Vice Chair and Secretary. He stated they will discuss the different roles and keeping minutes and will also discuss the Sunshine Laws. Discussion ensued. Commissioner Hill asked if the Commission can sit in on the meetings. Mr. Komando stated he believes they can but the statute forbids them from participating because the recommendations from the committee will come back before the Commission. He stated he would advise against discussing any of the matters. Mayor Woods asked if that includes private discussions with anyone on the committee; is she allowed to call up anyone and say, hey, have you guys considered this; are they allowed to make comments like that. Mr. Komando stated, no, discussing something with the committee is open to the Sunshine, because it is some business that will come before the Commission at a later time. Mayor Minutes-City Commission Workshop PageS AGENDA ITEM# lB JUNE 9, 2014 April28, 2014 Woods stated she just wanted to make all of this very clear before they get going; they are strictly observers. 6. Action on Resolutions A. RESOLUTION NO. 14-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH RENAMING DONNER PARK COMMUNITY CENTER IN ATLANTIC BEACH THE "GAIL BAKER COMMUNITY CENTER". Mayor Woods read the resolution by title, stating the ceremony will be held May 13 at 4:00p.m. 7. Action on Ordinances A. Ordinance No. 5-14-61, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER, CHANGING THE TIME TO 6:00 PM, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 5-14-61 by title. City Manager Van Liere summarized his staff report and explained his proposals for a solution related to the ordinance. Commissioner Hill stated he had no problem with 99% of this but would like to see the meeting go to 7:00 p.m. instead of 6:00 p.m., explaining his reasons. Mr. Van Liere stated if Commissioner Hill believes he is doing staff a favor by making it go to 7:00 p.m., they would rather grab a quick bite, get the meeting over with and get back to their families. He stated he believes they would rather get home earlier in the evenings because they have to go to work at 8:00 a.m. the next morning. Mayor Woods stated, also, the Commission has control over the order of the agenda so if they know there is an item that people would want to be there for, they could hold it until later in the meeting. Mr. Van Liere answered questions from the Commission about the proposed new deadlines/scheduling for the agenda. Discussion ensued. Commissioner Mark stated it doesn't matter to her either way and she does understand the stress on staff. Commissioner Beckenbach stated when they talked about this previously, staff said they could not give the amount of time prior; or they would not have gone to a workshop. He stated they were trying to get the agenda packet on the Tuesday before the meeting and he was told it would be very difficult to have it on Tuesday and now Mr. VanLiere is saying that it is not going to be only Tuesday, it will be at least the Thursday before. He stated his concern is the citizenry is really who is the most important along with what the Commission has to review. He stated he hears what Mr. VanLiere is saying but he is not sure if he understands how he is going to work this or if it is realistic. Mr. Van Liere stated he has talked with the people who do the reports and a lot with Donna Bartle and they believe they can do this and that it will be an improvement to have that information out there earlier. Commissioner Beckenbach stated, from his standpoint, he wants to make sure they have that exposure and that they do get the Minutes -City Commission Workshop Page6 AGENDA ITEM# 1B JUNE 9, 2014 April28, 2014 agenda at least ten days before and that it won't start slipping to the point that they get it on that Thursday or Friday before the meeting, without exposure to the citizenry, and they go back to the same thing. Further discussion ensued. Commissioner Hill reiterated he would not mind trying this. He stated he watched the other system for many years work real well, then he saw the changes and saw the advantage to that. He stated he believes this hybrid of it, where they can plug in a workshop, might be a solution that hasn't existed. Mayor Woods clarified, currently, if the Commission meeting is going to be on a Monday, then the agenda items are due two Fridays before that Monday meeting and then the agenda would be put together on Monday and supposedly they would get it on Tuesday or Wednesday. She stated now for a meeting to be on a Monday, then the due date for agenda items would be three Fridays before the meeting date, instead of two Fridays before. She stated then staff would start putting it together on Monday and the goal would be to get it out on Wednesday. Mr. Van Liere stated it could be anywhere from Wednesday to Friday. Ms. Bartle stated she would hope that staff already knows what they are planning to put on the agenda back at that 3rd Friday to meet that deadline and that they would only fall back on adding more stuff if there was something that was of an emergency that had to come up on that next meeting or if something comes out of the Commission meeting and one of the Commissioners feel like they need to put something on that very next meeting. She stated then she would have to have a new deadline for something like that to be added, otherwise, she would just want to go ahead and finish that agenda. She stated she would like to hear that by Tuesday that they would at least need to tell her that they are working on something and would be able to give it to her by Wednesday. She stated otherwise she will just go with the agenda and assume nothing is coming in new. Mayor Woods stated right now it is three Fridays before the meeting, unless special circumstances come up at the Commission meeting and they can address it at that point. She stated then they aim for having the agenda out on the Wednesday. Ms. Bartle stated one reason she thought about the Friday was in case they did need more time to get something out and also if they were able to prepare the minutes and get them in the packet. She stated if minutes are not a concern for them, they will at least be able to go in two weeks later, which is better than what it is now. Mayor Woods stated they can aim for Wednesday and see how it works and if extenuating circumstances keep coming up and it is always Thursday or Friday then they can address that at that time. She stated she likes having those two days to think about it and make phone calls immediately when you see it, because if you get it on Friday and read it and then come Monday you forget some of those immediate questions. She asked if everyone is OK with this. Discussion ensued. Commissioner Beckenbach stated it sounds as though there is a consensus to go ahead and attempt to work with it. He stated he, personally, doesn't really mind what they are doing now. He believes this is the first time they have had a small agenda that has actually worked relatively welL He stated he believes they are moving along in the right way right now and would like to continue to do it, but if it turns out that he is in the minority then he will work with the Commission in any way. Commissioner Hill stated staff hasn't asked them for much, there has been a lot of change and a lot of new ground covered by staff and there has been a lot of stress on them. He stated he wouldn't mind giving them the leeway to try it. He stated they can certainly go back immediately if it created a Minutes -City Commission Workshop Page 7 AGENDA ITEM# IB JUNE 9, 2014 April28, 2014 dilemma, but he wouldn't mind giving it a shot. He stated there were some other things that were done that were long overdue that seemed to have really had an immediate effect and this might be one of those things. Mayor Woods asked if the Commissioners had any comments about the 6:00 start time. Commissioner Mark stated she supports changing it to 6:00 p.m. Commissioner Hill stated he will go with what everybody else feels. Commissioner Becken bach stated he understands that staff is here for a full day. Mayor Woods stated if they change it to 6:00p.m., as she stated previously, they can adjust the agenda so if there is an important issue they can wait until 7:00 or 7:30 until people have a chance to show up before they discuss it. Commissioner Beckenbach stated it usually ends up being 6:15 after the minutes, etc. anyway, and they can move important things to the back. He stated it is fine, he is not going to make it a big deal. Mayor Woods stated so it sounds like 6:00p.m. Commissioner Hill asked if they can ask Commissioner Daugherty at the next meeting since it is coming up for discussion one more time. Mr. Van Liere asked the City Attorney if they fiddle with the time between the two readings, is that a material change that would cause it to have to go back to first reading. Mr. Komando stated no. 8. Miscellaneous Business A. Public Hearing-UBEX-14-00100010-Request from American Well and Irrigation for use-by- exception as permitted by Section 24-111 (c) (6), to allow contractors, not requiring outside storage in the Commercial General (CG) Zoning District on property located a at 1651 Mayport Road. This item was taken out of sequence and acted on earlier in the meeting. B. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Thirty Foot Driveway at 436 Beach A venue. This item was taken out of sequence and acted on earlier in the meeting. C. Sailfish Drive Storm Sewer Point Repair. This item was taken out of sequence and acted on earlier in the meeting. D. Approval of City Sanitation Contract Modification and Extension. This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. None. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Mark Reminded the Commission about the FLC dinner/meeting being hosted by the Beaches on May 14 at Casa Marina. She stated it has been tradition that the elected officials try to get donations for door Minutes-City Commission Workshop PageS AGENDA ITEM# lB JUNE 9, 2014 April28, 2014 prizes to be given away at the end of the dinner. She stated it would be great if they had 100% participation, including the City Attorney, City Manager and City Clerk. Reported the Beaches Watch meeting on May 7 at 7:00p.m. will have a report from the Consolidated Task Force put together by Bill Gulliford. She stated they did not have any next step for the HRO after the last workshop, so she will bring that up at the next meeting to discuss. She stated she is hoping that they will be close to having some kind of ordinance to introduce very soon and will discuss it with Mr. Komando. She believes they are getting closer to finalizing the language for that ordinance and wants to continue to move that forward. Mayor Woods asked if she has a date in mind for when they get to the calendar item. She suggested either she or the City Manager email it out to everyone and he can get it on that calendar. Mr. Van Liere stated since they haven't started this process yet, they don't have all of the Commissioners' availabilities loaded up into anything so they will have to do the best they can one more time to get this calendar thing working. He asked that they get with Yvonne Calverley. Commissioner Hill Asked, because of the nature of the HRO and that they keep getting conflicting responses from what appear to be very qualified experts on both sides of the issue, is there a mechanism in place where they could plug in the two leading speakers, the one who provided the legal background for Equality Florida and the attorney, Roger Gannam, who provided some of the constitutional questions. He stated he wants to hear from both of them again before they go too much further with this because, if anything, the federal question was muddied more during the last workshop. He stated it is definitely not a clear issue and he keeps getting more information from both sides. He stated they are both truly experts and both have a strong opinion and asked if there would be the possibility during one more workshop for the Commission to hear from both of them again. Mayor Woods stated she thinks if they had some specific questions or something. Commissioner Hill stated he had questions for both sides but there was no mechanism to ask them during the last proceeding we had. Commissioner Mark stated she believes, particularly for Commissioner Hill's benefit, that he should write down what his questions are so they can be addressed. She stated she believes it would be helpful for the entire Commission and Mr. Komando, if he could write his questions down and send them to Mr. Komando ahead of time. Mr. Komando stated he is also welcome to contact either of the experts on his own. Commissioner Hill stated he was being kind on the confusion part; he believes some of the confusion is in general and, to be honest, the question is a constitutional issue. He stated he is not confused at all about it; he clearly understands it. He stated he just wants more. He stated he doesn't want to go hours and let both people have the floor for an hour at a time. Commissioner Mark stated if he is doing this mainly as a public gesture and truly already knows the answers to his questions, that is one thing. She stated if he really doesn't know the answers or doesn't have clarity on those answers, then that is another thing. Commissioner Hill stated a fair approach would be to give equal time to both issues. He stated it just seemed kind of wasteful to have both those really qualified experts in the room and have one minute from each of them on such an important issue. Commissioner Mark stated again, if he has specific questions or areas that he wants clarified, either for the benefit of the public or for the benefit of you or the Commission, for expediency she would strongly suggest that he have them in writing and send them to the two so they can have time to prepare, including Mr. Komando since he is the one who will be ultimately drafting the ordinance. Commissioner Hill stated, as much as he appreciates that, he is probably not going to write them; he will do them in an open format because he doesn't want to leave something out that develops during the meeting. Mayor Woods stated it does help to give staff and the Minutes-City Commission Workshop Page 9 AGENDA ITEM# IB JUNE 9, 2014 April28, 2014 experts time to gather their information rather that pulling it out of their hip, so any specific questions he could have written down would be good and as the conversation develops, it develops. Commissioner Hill stated he understands, as long as he is not limiting the process. Mayor Woods Related to the dinner/meeting for Florida League of Cities, she wanted to let anyone out there with a business know if they want to donate something for a door prize, please just bring it to City Hall or give any of the Commissioners a call. She stated this is good exposure for your company. COURTESY OF THE FLOOR TO VISITORS Chris Jorgensen, 92 W 3rd Street, stated time and money spent on the HRO is not justification to continue. Mayor Woods stated she believes everyone on the Commission was able to meet today with the search firm looking for the City Manager. She stated she asked Mr. Baenziger what the next step was and he said they will create a beautiful brochure and put out an RFP. She stated she just wanted to let everyone know the process is moving right along. Commissioner Mark stated he will also meet with staff next week. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 8:25p.m. Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor *Formal action (if needed) will be taken at the Commission Meeting of April14, 2014. AGENDA ITEM# IC JUNE 9, 2014 MINUTES OF THE PRE-BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS ON TUESDAY, APRIL 23,2014 AT 5:00PM. City Commission Members present: Carolyn Woods, Mayor Mark Beckenbach, Mayor Pro Tern Jonathan Daugherty, Commissioner Jimmy Hill, Commissioner Maria Mark, Commissioner Staff present: Nelson Van Liere, City Manager Jeri Benjamin, Deputy Finance Director Donna Kaluzniak, Public Utilities Director Rick Carper, Public Works Director Mike Classey, Police Chief Keith Randich, Information Technology Director Jeremy Hubsch, Redevelopment and Zoning Coordinator Timmy Johnson, Recreation and Special Events Director Donna L. Bartle, City Clerk The meeting was called to order at 5:04 p.m. by Mayor Woods. Base Line Budget 1. Introduction and Opening Remarks: City Manager Nelson VanLiere summarized how this Pre-budget meeting will be different from previous Strategic Planning meetings. He stated this meeting will be for development of the 2015 Operating Budget. A. Budget Calendar Mr. VanLiere explained the Department Heads are to be finished with their budget inputs to him at the end of this month; therefore, this truly is pre-budget, as he doesn't have a budget to talk about because he is going to get direction from the Commission as to what they want to see in the budget. He further explained the budget calendar, stating the budget workshops will be held in August. He asked that the Commission let Yvonne Calverley know of any times they will not be available. 2. Budget Assumptions and Guidelines A. Budget Policy Mr. Van Liere explained the General Fund and balancing the budget. He answered questions from the Commission. 3. Operating Revenues A. Taxes Mr. Van Liere stated one of the things he wants to get from the Commission tonight was if they have ideas about things they want to do that are going to require additional revenues, are they willing to raise taxes to fund anything or is their directive to have the same millage rate, make it work no matter what. He stated that will determine how he will prepare the budget. B. User fees Mr. Van Liere stated he is going to make every effort to propose a budget that has no increase in water rates, sewer rates, storm water rates and sanitation rates. He stated his goal is to fund all of the existing operations with no rate increases, explaining how he proposes to do this. Minutes-City Commission Workshop Page 2 AGENDA ITEM# JC JUNE 9, 2014 April 23, 2014 He stated they may see an increase for the water and sewer revenues because of system development charges for some of the new developments that might tie in. C. State Revenues Mr. Van Liere explained the sales taxes, cigarette taxes, etc. have been very flat year to year and he doesn't expect to see much there. He stated if they can budget in the way to create some savings in the water and sewer fund, they may be able to transfer more to the general fund. He stated they can work with the gas tax fund again. He stated that revenue has not changed much year to year. He stated they have projected out the ten-year capital expenditures realizing that those are not changing that much. He further explained when people talk about a balanced budget, what that means is you take the beginning cash and all of your revenues and add those together and they need to equal your ending cash and your expenses. He stated within that they want to balance the operating revenues with the operating expenses. He stated the fund balances are very healthy; the 25% reserve will continue to be kept in tact. He answered questions from the Commission. I>. CJrants Mr. Van Liere stated they will take advantage of whatever grant resources they have and match them up with whatever program they find money for. 4. Operating Expenses A. Pay and Benefits Mr. VanLiere stated we have had a lot of turnover this year and some that they know will happen next year. He stated he can project out the salaries and help compensate some increasing costs in other areas by those changes. He stated Human Resources I>irector Cathy Berry talked to our health insurance carrier and said to plan on a 20% increase, which will be approximately $160,000. I>iscussion ensued and he answered questions from the Commission. He stated they will try to budget a 3% merit increase. He stated in the past, budgets have been proposed without wages in them, leaving it up to the Commission to decide what it should be. He stated he is going to propose upfront an increase and work it into the numbers so they don't have to try to figure out in the workshops later how to squeeze in that extra percent or whatever. He stated the employees went a long time without an increase and it will help move them through the pay plan. He stated they just tried to eliminate some of the compression in the pay plan and if they keep going back to not doing anything they will just recreate the problem again. He answered questions from the Commission. B. Operating Expenses He stated a lot of the budget is already set in stone. He stated fire services, landscaping, maintenance, etc. roll year to year with not much change; the fire contract has a built-in increase in it. He stated the sanitation contract will be a big contract and they also have professional services and chemicals. He answered questions from the Commission. C. Capital He stated this is generally where the Commission has spent more time talking about what they want to see done; however, the water and sewer master plan and stormwater master plan are a large part of the budget that is pretty much programmed out into the future. He stated street resurfacing and sidewalks are things the Commission typically debates as to where they want to have them done. He stated Rick Carper has a Minutes-City Commission Workshop Page3 AGENDAITEM# IC JUNE 9, 2014 April23, 2014 pavement management system and can tell them what the next streets on the list will be for next year. He stated he annually reviews those ratings. D. Debt He stated they are looking to refinance our utility debt which will lower their cost for water, sewer and stormwater over the next 20 years by $1.4 million or approximately $125,000/year split between water, sewer and stormwater. He stated that kind of savings allows them to work on the health insurance. E. Transfers He stated he usually balances those out with what is available. 5. Cash Balances A. Restricted and Unrestricted Balances He stated these are things that are ongoing, have been talked about recently, or are already in the strategic plan. He stated some of these items will just be a lot of staff time. He discussed each item below as they affect the budget. Items needing special attention: Charter Review Committee Tum over Phone System Cultural Arts and Recreation ROW Maintenance Beautification Sanitation Annexation Town Center Parking Police Building Beach Renourishment Organizational Chart Citywide Software Pension Facility Maintenance Paving and Sidewalks Park Maintenance Tipping Fees Marsh Master Plan Mayport Corridor Pedestrian Safety Reuse System Discussion ensued regarding tumover issues. Mr. VanLiere explained the various upcoming vacancies and current positions that they are proposing to combine. He stated they have funded the community application this year with One Solution, which will be phased in, and are looking at a new digital phone system. He stated they spent a lot of time last year discussing pension benefits and trying to make the City's liability come down. He stated he believes they have done enough on the pension for now, for the sake of the employees. He stated he did authorize an impact study on a 30 and out provision to contemplate what that would do. He explained this provision to the Commission. He stated the study indicated that would be pretty expensive but they have closed the plan so the number of people this option would become available to was 13 or 14 employees and you have to take into account that not everyone would exercise that option. He stated the cost was about $95,000 the first year down to $75,000 after that for about 10 years, so over a 10 year period it would be $700,000-$800,000 to do that. He stated it is a common benefit to have in your pension plan but until they asked the question about cost they didn't know. Mr. VanLiere stated they currently have a budget of $23,000 for special events through the Cultural Arts and Recreation Advisory Committee and including that with the events that are in Timmy Johnson's budget and the supplies, rentals, etc., they are spending about $60,000 on events. He stated if they want to add events, that will be a level of service change. Discussion ensued and Mr. Van Liere and Mr. Johnson answered questions from the Commission. The Commission further discussed several other issues including Minutes-City Commission Workshop Page4 AGENDA ITEM# JC JUNE 9, 2014 April23, 2014 keeping lifeguards on for a longer period/or for special events, adding more events at the parks, possibly increasing the budget for Cultural Arts and Recreation Advisory Committee and the possibility of permitting food trucks at Tideviews and Dutton Island. Mr. VanLiere reported on Facility Maintenance, ROW Maintenance, Beautification and Park Maintenance, stating they were doing really good 6-7 years ago but they have systematically chipped away by reducing staff, reducing supplies, mowing less often, no flowers, etc. He stated he would like to see it come back to how it was when he carne to work here. Commissioner Mark stated if they go back to that, she would like to see them use native plants for the foundation of the landscape, more groundcover, xeriscaping, etc. Discussion ensued regarding purple pipe and reuse water. Mr. Van Liere stated he would like to increase the budget to either hire additional maintenance workers or a contractor to maintain the various areas. Mr. Carper stated there are three areas he would like to focus on: the five-way; Seminole and Atlantic; and Mayport Rd. at the Welcome Sign. Mr. Van Liere stated his goal is to find other areas in the general fund to cut in order to afford these things that are corning back up in importance. Mayor Woods stated he has support for this type of thing and directed him to show them how they can make it happen. Mr. VanLiere discussed Facility Maintenance, stating they don't have a plan other than a spreadsheet with a rolling list of items that need repair. He stated to his knowledge there is not a facility maintenance plan. He stated they have one and a half maintenance workers who fix things and a painter. He stated he would like to create a maintenance division with two of those employees, the full maintenance position and the painter, and put them under Mike Jones, our Building Inspector, and let him run a facility maintenance division with a schedule and a budget to take care of our buildings. He explained most of the budget would come from the budgets they are in now. He addressed paving and sidewalks, stating they have a priority list for those. Discussion ensued. Mr. Van Liere stated he spoke with the City Attorney regarding annexation and he stated he is waiting on Jacksonville to come back to him. He stated he encouraged Mr. Kornando to draft something and get that ball rolling. Related to Town Center parking, he is not sure how much they can do in that area but they will take advantage of any opportunities that come their way during the budget year. Mayor Woods stated she believes the Town Center Agency has taken this issue under their wing and believes they should allow them to take care of it. She stated they have a few different members on their board and they are taking it upon themselves to solve their own problem they have created. She stated until they come to us with a real solid plan to consider, she doesn't believe it is our issue. Mr. VanLiere stated, regarding the Mayport Corridor, he believes the best thing we can do is maintain what the City owns and encourage and facilitate in any way they can a good environment for the businesses. He stated Redevelopment and Zoning Coordinator Jeremy Hubsch is tasked with moving forward with that but he just got fully staffed Monday. Mr. Hubsch explained what he is working on. Discussion ensued. Mayor Woods stated she believes the next step should be that we send a letter to Governor Rick Scott, because he is all about helping small businesses, and let him know what we are trying to do. She stated the basic problem is that the DOT has a certain amount of their budget, approximately 2%, that they must spend on landscaping; but the definition of landscaping does not include hardscape. She stated for urban environments like ours, it doesn't help. She stated she would like to draft a letter to the Governor asking that he help DOT change their language. She stated she would also like to get members of the Duval Delegation to sign that letter with us, so we could have help with the hardscaping. Commissioner Daugherty stated we can't rely on the State alone to change Mayport; we have to make a serious investment there ourselves. He believes we need to commit a dollar amount in the budget for Mayport Road. Further Minutes-City Commission Workshop Page 5 AGENDA ITEM# IC JUNE 9, 2014 April23, 2014 discussion ensued. (Commissioner Mark left the meeting at 7:16 p.m.) Commissioner Hill stated he believes the issue is whether we can do anything about the traffic flow; because none of the businesses are going to make it with one direction of traffic. He stated more openings in the divided road need to be created. He further stated they need to look at the pedestrian crossing situation and ask the DOT to address that. Commissioner Beckenbach stated he doesn't want to spend money on something until they see what they come back with from the business community, the neighborhood and the DOT. He stated the DOT is the most important thing to him, as well. Further discussion ensued and Rick Carper answered questions from the Commission. Mr. Van Liere stated he and Mr. Carper attended a meeting related to beach renourishment which will happen in 2016. He stated they will have reuse rates implemented this year so there will be some revenue coming out of that. Public Utilities Director Donna Kaluzniak gave an update on the status of the reuse system. Discussion ensued. Mr. VanLiere stated the following are items that aren't ongoing but are of interest to him since he has been in this job. Items of specific Interest: Park Improvements Public Works Yard Public Information I Public Relations Officer Emergency Preparedness Access to Hanna Park Tree Ordinance Welcome Signs Atlantic Beach is Special Community Visioning Mr. VanLiere stated one of the first things he did was walk around Russell Park with ABAA and Public Works and there are a number of things in the park that have been let go, i.e. fencing, drainage is bad, the field conditions, the concession stand, bathrooms, basketball court, security lighting, wind screens, safety netting, etc. He stated he has approved some maintenance money that was available from other things in Mr. Carper's budget to fix a few things but he wants to get the Commission's support for a Russell Park renovation project. He stated if they call it a renovation project and phase it, they turn some of that long past due maintenance into capital improvements. He and Mr. Carper explained in detail what they want to complete. Discussion ensued. Mr. Van Liere further discussed the appearance of the Public Works Yard stating we look like the junk yard. He stated we are not setting a very good example for the community on how we should take care of our stuff. He stated he would like to see the facility scraped, some storage buildings put in, roll-up doors, paved, and get all the equipment under a roof. He stated we need to act like we want to take care of it. Discussion ensued. Mr. VanLiere stated emergency preparedness is not a budget item but he believes it is a staff time item that we need to spend more time on. He stated they have never formally trained as a departmental group on how they will handle things and wants them to spend time on that this year. Mr. Van Liere discussed the issue of access on Seminole Road to Hanna Park. Commissioner Daugherty stated this was something he asked to be on the agenda. He stated it would be a huge amenity for the north end of Atlantic Beach to have a pedestrian-only access gate to get into Hanna Park. He stated they have received approval in the past from Hanna Park to do something like that. He stated it would vastly improve Minutes-City Commission Workshop Page6 AGENDA ITEM# IC JUNE 9, 2014 April 23, 2014 the park access for our citizens on that end of Atlantic Beach. He stated it could tie in to the Safe Routes to School pedestrian path going up Seminole Road in 2017. He stated it also could tie into the federally funded bike path down Seminole. Discussion ensued. Mr. Van Liere asked if the Commission wants to revisit the Tree Ordinance. Commissioner Beckenbach stated the tree canopy is getting older and we need to continue to replant trees. He stated he would not want a tree board but more of a beautification or long vision board for growth. Discussion ensued about underground utilities. Commissioner Hill stated they might look at a program that assists homeowners in getting trees back into their yards. He stated he would like to make the community tree-friendly in the sense that the homeowners who appreciate the trees they have will have the option, if they lose a tree, to have the City assist them in getting a large tree back. Mayor Woods stated one of the most effective ways to get people to put trees in is to have a robust Arbor Day event. Discussion ensued. Mr. Carper stated the welcome signs are ready and they are waiting on the DOT permit. He stated they are trying to iron out the glitch of whether he has the authority to sign the DOT permit for the City. He stated otherwise he has to come back with a resolution. Mayor Woods discussed the Atlantic Beach is Special program. She would like to see the City give them $5,000 or so to show them we support the program ifthey can get it up and going. She stated it would not be our program, we would just support it. Discussion about the funding ensued. Mr. Van Liere stated every year we have the conversation about whether or not we are going to contribute to the fireworks. He stated he believes the contribution is $5,000 and if they don't put it in the budget they would need to fund it later or say no. Mr. Van Liere asked if the Commission would want to sell the property where Buccaneer plant used to sit. Public Utilities Director Donna Kaluzniak stated it is about 3 acres and is zoned commercial general. Discussion ensued. Commissioner Hill stated he would like to add to the budget the process of adding signage and required traffic control elements and to adopt a cart-friendly policy for our City. Related to the Community Visioning item, Mr. Van Liere stated to go through the process to do a formal strategic planning visioning mission would take about 18 months. He stated it would need to be updated on a regular basis, need community involvement and consultants. He asked if the Commission wants staff to put together an outline of such a program that would take them through the process to see if it is what they have in mind. He stated they want to use staff as much as possible to knock out what they can. Commissioner Hill stated a visioning process would be really important for a community that is looking to make changes but he believes that is the exact opposite of what our community is. He stated he believes they are really looking to stabilize what they know is right and add smaller bites of little things that might make it better. Mr. VanLiere stated we may just need to document what we have and just focus on the things that need improvement. Minutes -City Commission Workshop Page 7 Adjournment AGENDA ITEM# lC JUNE 9, 2014 April 23, 2014 There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 8:36p.m. Attest: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor AGENDA ITEM# 1D JUNE 9, 2014 MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON APRIL 22, 2014 City Commission Members present: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty (arrived at 5:05) Commissioner Jimmy Hill Commissioner Maria Mark Staff present: Nelson VanLiere, City Manager Richard Komando, City Attorney Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Call to order. The meeting, which was held for the purpose of discussing the proposed Human Rights Ordinance (HRO), was called to order at 5:00p.m. by Mayor Woods. 1. Opening Remarks Mayor Woods stated this meeting will have a time certain from 5:00p.m. to 7:00p.m. and if they have time they will have Courtesy of the Floor at the end of the workshop. She further explained there will be no vote on anything tonight. She turned the meeting over to the City Attorney. 2. Items of Discussion A. Exemptions Mr. Komando stated some of the items they have discussed have been outlined under Item 2 A-D. He stated there are some comments that seem to be conflicting that he is hoping to get a consensus on from the Commission. He stated the first is for the exemption and the general comments he has received are whether or not to add the business exemption and whether or not to add a real estate exemption. He further asked should all businesses be exempted fi·om the application of the ordinance. He stated the secondary proposal was whether or not businesses with 15 or fewer employees should be exempted, a number which was brought forward because the Equal Employment Opportunity Commission (EEOC) does provide a level of protection under Federal regulations for EEOC compliant organizations. He stated the second question was, because ofthe way some of the housing ordinances were written, the proposal he received was should they exempt individuals who rent out four or fewer units from the application of the discriminatory practice. He stated that would mean anyone who has five or more is really in the business of renting properties and would be subject to the provisions. He asked whether the Commission wants to discuss these one at a time or would they like a broad overview on all four areas. Commissioner Hill stated he believes they should look at the bigger picture. He stated he does not believe this Ordinance serves our citizens in the way they intended and believes the concept is good but they have gotten into an issue that is well beyond their means. He stated he would like to discuss whether there is another means to accomplish what they are trying to do and let the citizens know that they are sensitive to the possibility that discrimination may exist. He stated is there any avenue other than making a law that is unenforceable outside our jurisdiction and creating the dilemma that that law is Minutes -City Commission Workshop Page2 AGENDA ITEM# lD JUNE 9, 2014 April22, 2014 clearly going to generate litigation that they will be involved in as a City and that our businesses are going to be involved in. He stated he doesn't understand why they are discussing this; after every turn of the page they discover why they shouldn't be doing it and they keep marching on like it is a good idea and he really thinks they might want to switch gears and come up with a better way to provide what it is. Mayor Woods asked if he had a suggestion for a better way. Commissioner Hill stated he believes they should let the Federal law that currently exists do what it does and if someone has an issue with a discrimination case in Atlantic Beach they can take it through the process that exists currently. He stated the word sex is clearly defined and if sexual discrimination doesn't apply, what does. Mayor Woods asked if the Federal law already takes care of this, why is there a movement for people coming forward wanting these kinds of laws. She stated obviously there is something missing in whatever is at the Federal or State level. She stated ifthere is a movement at the State level to bring this legislation up, then there is something that is not being covered at the Federal level. Commissioner Daugherty stated he has had discussions with proponents of this ordinance and they told him they are not having luck at the State or Federal level so what they need to do is get ordinances at the City level so they can convince the State level that they need something done. He stated basically they are using us to do activism. Mayor Woods stated that is pretty much how things get done in democracy. Commissioner Mark stated if these protections were already in place they wouldn't be having this conversation. She stated the definition of sex under the State and Federal laws does not cover the LGBT community; it only covers whether a male has been discriminated against as a male or whether a female has been discriminated against as a female. Discussion ensued. Commissioner Mark stated Mr. Komando had done a great job in looking at this and at the way other ordinances have been enforced and are being enforced and believes if they ever get to that portion of this workshop then they can talk about that. She stated they are already making assumptions and jumping to conclusions before they have had a fair chance to really discuss it and are shooting this down based on their perceptions without the Commission even discussing it yet. She stated if they believe, as an elected official, that it is not part of their duty to represent the citizens and to support legislation that gives citizens a fair quality of life here, then she is not sure why they are here, because that is where most of these laws have been enacted, from the grassroots up. Mayor Woods stated she knows there are a lot of people in this community that this affects. She stated it is our duty and responsibility to create a fair and equitable lifestyle for everybody in our community. She stated by just categorically saying no, this is over our head, they are shutting a lot of people out. Further discussion ensued. Commissioner Beckenbach asked the City Attorney to give an opinion regarding frivolous lawsuits and what would be considered frivolous at this time. Mr. Komando stated a concern early on by those on the Commission was if someone created an allegation that wasn't supported by evidence or didn't really occur. He explained because of that the ordinance, as drafted currently, has a provision that allows someone to basically recover all of their fees and costs for defending a frivolous suit under Chapter 57 of the Florida Statutes. Commissioner Becken bach stated his concern, more than anything else, is for the business community. He stated as far as rentals are concerned, to discriminate against anyone for a rental or to purchase a piece of property, or a loan for a piece of property to him there should be no discrimination. He stated his major concern is Minutes-City Commission Workshop Page3 AGENDA ITEM# lD JUNE 9, 2014 April22, 2014 for the small business, i.e. especially as related to transgenders. He stated he would like them to come up with some wording that the small businesses would not be sued frivolously. Mayor Woods asked if he would be comfortable with, as the City Attorney suggested, having an exemption from the entire ordinance for businesses with 15 or fewer employees. Commissioner Beckenbach stated that would move him more toward an agreement. Discussion ensued over whether the Commission believes there is discrimination against the LGBT community in Atlantic Beach. Answering the question of whether the existing Federal laws regarding sexual discrimination are being used to address some ofthese issues, Mr. Komando stated he is not aware of where an LGBT individual is able to use the sexual discrimination portions of Federal law to claim protection, successfully. He stated there is some protection under the EEOC guidelines. He stated there are two recent rulings that have expanded the definition of discrimination to include sexual orientation as well as gender identity and gender expression so there is the protection on that level that he is aware of, but there may be some other attempt to use sexual discrimination as a basis or claim for protection that he is not aware of. He further explained rulings guide the U.S. court system; statutes are to provide the general guidance and codification, however the interpretations of those codes or statutes or Federal regulations oftentimes provide authority and support, so a ruling is a form of law depending on what your particular circumstances are. He reiterated under sexual orientation there is protection by the EEOC via those two rulings. Mayor Woods asked if all of the businesses in Atlantic Beach are under the EEOC. Mr. Komando stated no; governments are required to be protected, generally businesses with 15+ employees, restaurants with 20+ employees, and some huge corporations that have satellite offices or retail locations in Atlantic Beach are generally part of EEOC. He stated there is not a requirement of all small businesses to remain EEOC compliant. Mayor Woods reiterated that any business with more than 15 employees is covered under Federal statutes. Mr. Komando stated, yes, he believes they have the ability to file an employment discrimination claim under the EEOC. Mayor Woods stated that covers gender identity or expression, and sexual orientation. Mr. Komando stated that is the only context that has been brought to his attention. Mayor Woods asked if there is anything else this ordinance would cover. Mr. Koman do stated it covered race, color, religion, sex, national origin and then included sexual orientation, gender identity or expression. Mayor Woods asked if there are Federal or State discriminatory laws that protect people against discrimination in housing. Mr. Komando stated not the way they are discussing it here. He stated that is subject to interpretation; there are some people who claim Federal regulations do provide housing protection. He stated the Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability and familial status, but it doesn't specifically include sexual orientation and gender identity as a prohibitive basis. He stated HUD implemented a policy to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity or marital status. Discussion ensued. Mr. Komando stated the courts are split about whether or not a complaint based upon sexual discrimination protects sexual orientation. He stated currently the split of protected activity of Title 7 is that the 9th Circuit Court and District Courts within the 2nd Circuit have found that the action is protected, which the 6th and ih Circuits disagree. Further discussion ensued. Mr. Komando explained Title 7. Commissioner Beckenbach stated, as far as the strength of the law they are talking about with the EEOC that was for the business. He stated the Minutes-City Commission Workshop Page4 AGENDA ITEM# 10 JUNE 9, 2014 April22, 2014 business community already has it from 16 on up and 15 and below they are looking at giving an exemption so that might not be needed at this time. He stated as far as the rentals, sale of homes, etc. it says as far as HUD is concerned this rule follows a January 24, 2011 proposed rule which noted evidence suggesting that lesbian, gay, bisexual and transgender individuals and families are being arbitrarily excluded from housing opportunities in the private sector. He stated the Federal government is working for the betterment of the citizens to a certain extent but if they can't pass Senate Bill 348 and House Bill 239 in Florida maybe they need to give them a push. He stated they did send a Resolution stating we were in agreement with it. He stated if the State of Florida doesn't have a law to prevent discrimination then maybe they should consider that for housing, rentals, loans, etc. Commissioner Hill asked the City Attorney why has the State not done this, if it is so cut and dried. Mr. Komando stated his understanding is that there is just not the support for it right now. Commissioner Daugherty suggested drafting a letter to the State saying we support legislation on this issue. He stated he doesn't know why everybody is so bound and determined to have an Atlantic Beach law saying this and are willing to accept whatever watered down version they can get just to say Atlantic Beach has a law. He stated he doesn't want to use this dais as a means of activism. He stated he believes he is being used by a lobbying group to promote a larger agenda on a State level. He stated this is something that should happen, but not in Atlantic Beach. Mayor Woods stated she believes what she heard Commissioner Daugherty say was that the community supports this, he supports not being discriminatory, everybody in the room supports not being discriminatory. She stated if the community supports this, why should they, as a Commission and as a community, not put it in writing; have the strength to say yes, this is who we are and this is the way we want the community to be. She asked what is so wrong with that. Commissioner Hill stated that would be like saying Atlantic Beach is going to provide the only free parking to the beach; what do they think would happen. He stated there is going to be a hoard of people coming only to Atlantic Beach. He stated you are opening the flood gates to the small percentage of people who are going to be targeting communities with open, easy picking litigation points. Mayor Woods stated she finds that as a discriminatory accusation that Commissioner Hill thinks people are going to rush into Atlantic Beach to start suing just because they are gay, lesbian and transgender. Mayor Woods recapped that they have vetted that, on the Federal level, there are some protections available for employment in companies with more than 15 employees; and housing still remains uncovered by the State or Federal level except for HUD housing. Mr. Komando stated that was correct. Mayor Woods stated, therefore, they need to decide if they want to move forward with something to cover housing and the equality in lending practices for mortgages, etc. She asked if they would want any exceptions for number of homes owned, rented, sold, etc. Commissioner Daugherty stated he would like four or fewer houses excepted. Commissioner Mark stated that would be consistent with what we currently have now. Mr. Komando stated that was correct. Commissioner Mark stated she also believes businesses with 15 or fewer employees is reasonable for an exception. Mr. Komando clarified that the Commission is asking for the 15 business employee exception and for the four rental units. Discussion ensued. Mr. Komando further explained for someone to claim that they are protected under Federal laws for sexual discrimination and to claim that that also applies to sexual orientation, that claim is being made but it has not been very successful. He stated to say someone has Minutes-City Commission Workshop Page 5 AGENDA ITEM# 10 JUNE 9, 2014 April22, 2014 an ability to make a claim, yes, that is true. Discussion about specific businesses in Atlantic Beach ensued and whether there is a need to have any kind of business provision in the ordinance. Mr. Komando pointed out that the ability to file a complaint is not the same as the ability to file a suit; there are many people who file complaints who don't necessarily, under EEOC, receive a letter for a right to sue. He stated there are a few times, he fears, that two of those concepts interchanged but they are different mechanisms. Mayor Woods asked if they passed an ordinance would it be in contradiction to what is going on in the Federal level; would it be an additional burdensome layer, or would it be an outlet for remediation for people. Mr. Komando stated he does not believe it would be in contradiction; it would be in addition to some of the protections that are afforded that they have discussed already. He stated the way our ordinance is written right now it would offer more protection; specifically, before the business exemption, they handle additional businesses with the credit transactions, the employment practices and there are different aspects of prohibited conduct. Discussion ensued. B. Useful Federal Definitions there are different aspects of prohibited conduct C. Inclusions D. Enforcement Mr. Komando answered questions about lawsuits and explained the use of a special magistrate. Discussion ensued. Mayor Woods asked if there is a process the Commission is supporting that they can ask the City Attomey to look into more in-depth to present an option other than the direct route to suing or are they happy with the direct route to sue. Mr. Komando stated if they set up an intermediate or local level of review that would, on the front end, preclude the filing of a lawsuit. He stated a general tenet of civil litigation is that all administered remedies have to be exhausted before they file suit. He stated, can they preclude people from suing, probably not. He further stated will it most likely succeed in a court setting if there is a level of review at the local level that has not happened yet; no, it will probably be dismissed. Further discussion ensued. Mr. Komando pointed out that discrimination requires intent; you cannot accidently discriminate against somebody. 4. Commissioner Closing Comments Mayor Woods allotted each Commissioner one minute for closing comments. Commission Hill asked if he heard correctly that one method of attempted enforcement may actually damage someone's chance of getting a legitimate discrimination case into the proper authority if it wasn't done right. Mr. Komando stated it doesn't damage the validity of the claim, it just requires them to exhaust administrative remedies prior to seeking court intervention. Commissioner Hill asked what effect our ordinance would have on that. Mr. Komando stated they haven't gotten to that part as far as what enforcement mechanism is preferred by the Commission. Commissioner Beckenbach asked Mr. Komando to come back with something that best protects the City so it will be less liable to go into a suit. Komando stated he doesn't know what the best remedy would Minutes-City Commission Workshop Page6 AGENDA ITEM# 1D JUNE 9, 2014 April22, 2014 be. He stated there are different avenues and he does not know which is the best way to resolve a complaint, if there is one. Commissioner Daugherty stated he has explained his reasons he is afraid of legislation like this and believes there is a level of sophistication and understanding. He stated the Commissioners are not full time legislators and believes this is a State or Federal issue. He stated he appreciates people's passion and desire to do something about this but the worst thing they can do is pass an inesponsible law that creates liability for people. Commissioner Mark stated she would like the opinion to come back to the Commission, on whether they should have business exemption in there and would like to look at utilizing a special magistrate as a local intervention. She stated she doesn't want to use an internal commission or employee as a part of this enforcement process. 3. Courtesy of the Floor Mayor Woods opened the Courtesy of the Floor and gave the audience one minute each to speak. Sharon Krause, 4845 Plymouth St., spoke against the HRO. Mark Hill, 1726 Selva Marina Drive, believes businesses should be included in the ordinance. Kathleen Thomas, 2331 Ocean Forest Dr., spoke against the HRO. Mike Grunik, 2051 Vela Norte Circle, spoke against the HRO. Chris Jorgensen, 92 W. 3rd St., spoke against the HRO. Roger Gannam, 4232 Kincardine Dr., Jacksonville, spoke against the HRO. John Stinson, 150 12th Street, spoke against the HRO. Riley Philo, 9910 Old Dixie Hwy, Ponte Vedra, spoke in support of the HRO. Michael Sheklin, 1985 Brista De Mark Circle, spoke in support of the HRO. Tricia Russell, St. Augustine, spoke in support of the HRO. Nicholas de Villiers, 4510 Attleboro St., spoke in support ofthe HRO. Gina Duncan, Transgender Inclusion Director for Equality Florida, spoke in support of the HRO. Kris Matson, 540 Hopkins Street, Neptune Beach, spoke in support of the HRO. Glen Clingenpeel, 11 Quail Lane, Jacksonville Beach, spoke against the HRO. Steven Haerter, 106 19th AvenueS., Jacksonville Beach, spoke in support of the HRO. Minutes -City Commission Workshop Page 7 Wells Todd, 1761 Sea Oats Drive, spoke in support ofthe HRO. Peyton Hopkins, 957 13th Ave. S., spoke in support of the HRO. Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO. Carole Ann Steiger, 338 7th Street, spoke in support of the HRO. Dan Merkan, 3159 College Street, spoke in support of the HRO. Raoul Sanchez, 1445 Seminole Road, spoke in support of the HRO. James West, 1445 Seminole Road, spoke in support of the HRO. AGENDA ITEM# lD JUNE 9, 2014 April 22, 2014 Jess Osborne, 1206 N. Laura St., Jacksonville, Equality Florida, spoke in support of the HRO. Carrington Meade, 3948 Anvers Blvd., Jacksonville, spoke in support of the HRO. Max Shafer, 1464 Seminole Road, spoke in support of the HRO. Elliott Zisser, 1937 Beach Avenue, spoke in support of the HRO. No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to Visitors. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 7:30p.m. Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor Minutes of the Town Hall Meeting held on April16, 2014 at 6:00PM Those in attendance: Commissioners: Mayor Woods Commissioner Mark Commissioner Hill Commissioner Beckenbach Citizens Press: Sally Clemens Chris Jorgenson Beaches Leader Representative-Jade Douso Call to Order Mayor Woods called the Town Hall Meeting to order at 6:06PM. General Discussion Parks are a treasure. Make sure we maintain them properly. Is it possible to allow kayakers to us the waterways throughout the city? Mayport -vision for the city from ·citizens Marsh Development -expected to be at least a 10 year development AGENDA ITEM# IE JUNE 9, 2014 Possibility of buying Johnston Island Property? Park and Boat Ramp? Educational Building? Advertisement of meetings needs to be more appropriate. Attendance at meetings seems to be driven by controversial topics. Better advertisement of coming events and upcoming meetings is needed by the city. Parking-Deland had enough parking with easy access. We do not have enough! Possible golf cart resident parking. Cart friendly community? Golf cart crossings? Bicycle visioning. Possibility of opening Hannah to pedestrians and bikers via Seminole Rd. Minutes of the Town Hall Meeting held on Aprill6, 2014 at 6:00PM Seminole ditch covering? Pedestrians, bikes riding over possible boardwalk. Meeting technology should be increased. Ex. -Google Earth. Tree Scape and Tree Board. Parks and Natural Resource Board? Concept of Geriatric Enhancement in the City. Adjournment Mayor Woods adjourned the meeting at 7:4 7 PM. Carolyn Woods Mayor AGENDA ITEM# IE JUNE 9, 2014 Page 2 of2 City Manager's Follow up report: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA ITEM# 3A JUNE 9, 2014 1.) The Florida Statutes outline specific procedures for the annexation of territory. As part of the procedural process, the Atlantic Beach Commission passed Resolution No. 13-14 on October 14, 2013. This specifically invited the City of Jacksonville to negotiate an "Interlocal Service Boundary Agreement" for the former Selva Marina Country Club. This resolution stated that the negotiations shall address at minimum, "issues concerning service delivery, fiscal responsibilities, and boundary adjustment" for said property as they relate to funding and delivery of the following services: a. Public safety b. Fire, emergency rescue, and medical c. Water and wastewater d. Road ownership, construction, and maintenance e. Conservation, parks, and recreation f. Stormwater management and drainage The negotiations are also supposed to address Land Development Planning and Regulation; the effect on Ad Valorem taxes; Voluntary Annexation; and Future Land Uses in annexed areas. The City of Jacksonville responded to Resolution No. 13-14 with Resolution 2013-753-A, which was adopted by Jacksonville City Council on January 14, 2014. This resolution serves as a statutory acceptance of Atlantic Beach's invitation to negotiate. Attached is a draft proposed lnterlocal Service Boundary Agreement that has been forwarded to Jacksonville for comment. We are hoping to hear their input soon. INTERLOCAL SERVICE BOUNDARY AGREEMENT AGENDA ITEM# 3A JUNE 9, 2014 THIS INTERLOCAL SERVICE BOUNDARY AGREEMENT ("Agreement") is made on this ___ day of _____ , 2014 between the CITY OF ATLANTIC BEACH, a municipal corporation of the State of Florida located in Duval County, Florida (the "City"), and the CITY OF JACKSONVILLE, a political subdivision of the State of Florida, in its capacity and jurisdiction as a chartered county government pursuant to Section 1.1 01 (b) of the Charter of the City of Jacksonville (the "County"). The City and the County are collectively referred to herein as the "Parties." WHEREAS, the legislative intent of the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida Statutes is, inter alia, to provide an alternative process for local governments regarding the annexation of territory; to establish a more flexible process for adjusting municipal boundaries; to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments; to promote sensible boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability; and to prevent inefficient service delivery and an insufficient tax base to support the delivery of those services; and WHEREAS, Section 171.204, Florida Statutes authorizes the annexation of lands that may not qualify for annexation under the provisions of Chapter 171, Part I, Florida Statutes, such that a municipality may annex lands of any character; and WHEREAS, the Parties have identified certain land that is within the jurisdiction of the County, but that is logical for annexation into the City, and desire to enter into this Agreement to AGENDA ITEM# 3A JUNE 9, 2014 facilitate said annexation, and to address the provision of services and infrastructure to said land; and WHEREAS, the Parties have complied with the procedural requirements contained in Chapter 171, Part II, Florida Statutes and have negotiated this Agreement; and WHEREAS, the governing boards of the Parties deem it to be in the best interests of their citizens to enter into this Agreement; NOW THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated as if fully set forth herein. SECTION 2. AUTHORITY. This Agreement is entered into pursuant to Chapter 171, Part II, Florida Statutes. SECTION 3. MUNICIPAL SERVICE AREA. The area that is the subject of this Agreement (the "Property") is depicted and described in Exhibit A. SECTION 4. AGREEMENTS. The Parties have ensured the efficient provision of infrastructure and service delivery to other properties by means of: an Inter-Local Agreement dated May 11th, 1982; and an Agreement between the City of Jacksonville and Atlantic Beach dated September 28t11 , 1995. The Parties agree further to provide infrastructure and service City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page2 AGENDA ITEM# 3A JUNE 9, 2014 delivery within and to the Property in accordance with the terms and conditions of the above described 1982 and 1995 Agreements, and any subsequent amendments to the same. SECTION 5. VOLUNTARY ANNEXATION. The owners of the Property may petition the City for voluntary annexation even if such lands do not qualify for voluntary annexation under the provisions of Chapter 171, Part I, Florida Statutes. The City shall have the authority to annex lands for which a petition for voluntary annexation from one or more persons who own in excess of fifty percent (50%) of the Property has been received. Upon determination by the City that the petition bears the requisite percentage of signatures, the City may, at any regular meeting, adopt a non-emergency ordinance to annex the Property and redefine the boundary lines of the City to include the Property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for two (2) consecutive weeks in a newspaper of general circulation. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the City. An ordinance adopted under this section shall be filed with the Clerk of the Circuit Court and the chief administrative officer of the County and with the Department of State within seven (7) days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. The County hereby consents to such annexation. SECTION 6. LAND DEVELOPMENT PLANNING AND REGULATION. The Parties agree that until such time as the City approves a voluntary annexation pursuant to this Agreement, the Property shall remain subject to the applicable local government's zoning City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page 3 AGENDA ITEM # 3A JUNE9, 2014 designations, Future Land Use Map designations, and land development regulations. Upon the effective date of any ordinance approving a voluntary annexation pursuant to this Agreement, the annexed lands shall be subject to all laws, ordinances, and regulations in force within the City at the time of annexation, except that until the City adopts an amendment to its Comprehensive Plan incorporating the annexed area, the County's Comprehensive Plan, zoning, and land development regulations remain in full force and effect within the annexed area. Upon the effective date of any ordinance approving a voluntary annexation pursuant to this Agreement, the effective date of any ordinance amending the City's Comprehensive Plan, or the effective date of any ordinance rezoning the lands within the annexed area, whichever occurs last, the annexed area shall be subject to the City's Land Development Regulations, and shall be subject to the City's building, zoning, and planning jurisdiction. SECTION 7. INCORPORATION INTO COMPREHENSIVE PLANS. No later than six (6) months following the approval of this Agreement, the Parties shall incorporate into the Intergovernmental Coordination Element (and as necessary other Elements) of their respective Comprehensive Plans the provisions of this Agreement as is necessary to effectuate the intent of this Agreement and the obligations assumed by each hereunder. SECTION 8. TERM OF AGREEMENT; EFFECTIVE DATE. The term of this Agreement shall coincide with the above described prior agreements in Section 4. This Agreement shall become effective upon the enactment by the Parties of ordinances adopting this Agreement. The Effective Date shall be the date of final adoption by the last Party. City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page4 AGENDA ITEM# 3A JUNE 9, 2014 SECTION 9. PERIODIC REVIEW. This Agreement shall be periodically reviewed by the Parties. SECTION 10. MODIFICATION. This Agreement may be modified in writing by mutual consent of the Parties. SECTION 11. DISPUTE RESOLUTION. In the event of any dispute related to this Agreement, the Parties agree to resolve the dispute consistent with the conflict resolution procedures established in Chapter 164, Florida Statutes. If there is a failure to resolve the conflict, no later than thirty (30) days following the conclusion of the procedures established in Chapter 164, Florida Statutes, a Party may file an action in Circuit Court to resolve the dispute. SECTION 12. NOTICE. All notices, consents, approvals, wmvers, and elections under this Agreement must be in writing and shall be given only by hand delivery for which a receipt is obtained, or certified mail, prepaid with confirmation of delivery requested. Notices shall be delivered or mailed to the addresses and parties set forth below or as may otherwise designate in writing. City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 City of Jacksonville St. James Building 117 West Duval Street, Suite 400 Jacksonville, Florida 32202 City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page 5 SECTION 13. AGENDA ITEM# 3A JUNE 9, 2014 SOLE BENEFIT. This Agreement is solely for the benefit of the Parties, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party. Nothing in this Agreement, either expressed or implied, is intended or shall be construed to confer upon or give any person, corporation, or governmental entity other than the Parties any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, and all the provisions, representations, covenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the Parties, and their respective representatives, successors and assigns. SECTION 14. AUTHORITY. The Parties each represent and warrant to the other its respective authority to enter into this Agreement, and acknowledge the validity and enforceability of this Agreement. The Parties hereby represent, warrant and covenant that this Agreement constitutes a legal, valid and binding contract enforceable by the Parties in accordance with its terms and conditions, and that the enforceability is not subject to any impairment by the applicability of any public policy or police powers. SECTION 15. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the Parties with respect to the subject matters addressed herein, and all prior agreements, understandings, representations and statements, oral or written, are superseded by this Agreement. City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page6 SECTION 16. AGENDA ITEM# 3A JUNE 9, 2014 GOVERNING LAW, VENUE AND JURISDICTION. The laws of the State of Florida shall govern this Agreement. Venue shall be in Duval County, Florida. Jurisdiction shall be in the Fourth Judicial Circuit Court. SECTION 17. SEVERABILITY. If any portion of this Agreement is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this Agreement, the portion deemed invalid or unenforceable shall be severed here from and the remainder of this Agreement shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable. City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page 7 AGENDA ITEM# 3A JUNE 9, 2014 IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on behalf of the respective Party set forth below, pursuant to the authority granted to each of the undersigned in the ordinance by which each party approved and adopted this Agreement. CITY OF JACKSONVILLE Witness Alvin Brown, Mayor Witness Attest: Chief Administrative Officer CITY OF ATLANTIC BEACH Witness Carolyn Woods, Mayor Witness Attest: City Clerk City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page 8 BUILDING DEPT. MONTHLY ACTIVITY REPORT COMPARISON REPORT REPORT FOR THE MONTH APRIL 2014 COMPARISION 2013 -2014 PERMIT TYPE NUMBER OF PERMITS I I TOTAL INSPECTIONS YTD 2013 YTD 2014 YTD2013 YTD 2014 YTD 2013 YTD 2014 SINGLE FAMILY 3 I 9 I $ 434,550.00 $2,914,941.00 DUPLEX 0 ! 0 $ -$0.00 REMODEUADDITIONS 110 i 181 I $ 1,524,783.00 $1 ,548,896.00 COMMERCIAL NEW 0 I 1 $ -$ 43,000.00 I I OTHER I 729 I 617 $ 4,561,062.00 $ 2,909,844.00 I TOTAL 1 842 I 808 $ 6,520,395.00 $7,416,681.00 1706 I 1512 PERMITS ISSUED FOR THE MONTH OF APRIL 2014 NO. PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED SINGLE FAMILY ! 1 [$ 957.00 $ 258,900.00 BUILDING 209 NEW DUPLEX MULTI FAM I 0 $ -$ -ELECTRICAL 58 I RESIDENTIAL ADDITIONS I 4 $ 1,610.00 $ 364,000.00 PLUMBING 54 RESIDENTIAL ALTERATIONS 15 $ 1,385.00 $ 123,420.00 MECHANICAL 53 COMMERCIAL NEW 1 $ 265.00 $ 43,000.00 MISC. 13 COMMERCIAL ADDITIONS 0 \$ -$ - COMMERCIAL ALTERATIONS 3 !$ 1,350.00 $ 334,000.00 TOTAL 387 PERMITS MISC 5 \$ 914.00 $ 41,886.00 ELECTRICAL I 35 I$ 3,134.00 $ -Projects to Note: New Du~lex MECHANICAL GAS 3 I$ 310.00 $ -None MECHANICAL HVAC I 38 $ 3,740.00 $ - PLUMBING I 39 $ 4,958.00 $ - ROOFING 25 $ 2,470.00 $ 236,191.00 Projects to Note: New Dwelling WINDOW/DOOR 12 $ 870.00 $ 49,935.00 AddressNaluation DEMOLITION 3 :!1 .1UU.UU i1) -830 Paradise ln $ 258,900.00 REINSPECTION FEES 12 $ 660.00 $ - PERMIT RENEWALS 0 $ -$ - OCCUPANCY INSPECTIONS 0 $ -$ - PENALTY FEES 0 $ -$ - SIGNS 1 $ 95.00 1 $ - FENCES 11 $ 420.00 $ - DRIVEWAYS I 6 $ 210.00 $ - SIDING 6 $ 565.00 $ 51,250.00 I POOL I 1 $ 250.00 $ 40,000.00 PLAN CHECK FEES 41 $ 3,598.00 $ - TOTAl 262 $ 28,061.00 $ 1 ,542,582.00 ---~----____ I_ I • • . • • > 0 '""2 :.i2o tr:l> \0 ...... " ...., Ntr:l 8~ """""' > AGENDA ITEM# 4A City of Atlantic Beach JUNE 9, 2014 FINANCIAL REPORT April 2014 Cash Balances Prior Current Dollar Percent Fund(s) 03/31/14 04/30/14 Change Change General $ 8,687,919 $ 8,121,130 $ (566,790) -6.52% Tree Replacement 10,949 12,321 1,372 12.53% Convention Development Tax 61,749 68,679 6,929 11.22% Local Option Gas Tax 156,428 170,894 14,465 9.25% Better Jax 1/2 Cent Sales Tax 368,810 381,901 13,091 3.55% Police Training, Forfeiture, Grants, etc. 107,197 122,542 15,345 14.31% Community Development Block & ARRA Grants (952) (849) 103 0.00% Debt Service 0.00% Capital Projects 2,902,996 2,903,650 654 0.02% Utility 5,480,503 5,160,871 (319,632) -5.83% Sanitation 724,137 724,238 101 0.01% Building Code Enforcement 201,668 213,232 11,564 5.73% Storm Water 1,792,065 1,765,593 (26,472) -1.48% Pension -Police 63,881 6,501 (57,380) -89.82% Pension -General 220,943 (1 ,589) (222,531) -100.72% Total $ 20,778,295 $ 19,649,113 $ (1,129,181) -5.43% Total Restricted Cash 7,403,374 Total Unrestricted Cash $12,245,7 40 Cash and Investments Annual Prior Current Dollar Percent Account Yield 03/31/14 04/30/14 Change Change Bank of America-Depository $ 3,807,389 $ 2,666,068 $ (1,141,321) -29.98% Guggenheim Floating Rate A 4.00% * 3,680,750 3,681,952 1,202 0.03% Hartford Floating Rate Bond A 3.34% * 2,526,108 2,525,849 (258) -0.01% lnvesco Floating Rate A 3.96% . 3,650,288 3,653,966 3,678 0.10% Main Stay Short Term Duration High Yield A 2.92% * 2,556,074 2,558,590 2,516 0.10% Legg Mason WA Cash Reserve Fund 1,777 1,778 1 0.03% First Trust Short Duration High Income A 3.53% * 2,014,204 2,014,546 342 0.02% Putnam Diversified Inc. 4.59% . 1,277,077 1,278,224 1 '147 0.09% Alliance Limited Duration High Income A 2.26% . 1,261 '130 1,264,640 3,510 0.28% MSSB Money Market/Cash 0.00% SBA-Florida Prime 348 350 2 0.57% Cash on Hand 3,150 3150 0.00% Subtotal $ 20,778,295 $ 19,649,113 $ (1,129,181) -5.43% Police Pension Investments $ 8,025,662 $ 8,075,952 $ 50,290 0.63% General Pension Investments 14,607,886 14,844,818 236,932 1.62% Subtotal $ 22,633,549 $ 22,920,770 $ 287,222 1.27% Total $ 43,411,843 $ 42,569,883 $ (841,960} -1.94% * Denotes the 30 day SEC Yield Anualized AGENDA ITEM# 4A JUNE 9, 2014 City of Atlantic Beach FINANCIAL REPORT April2014 Revenues Annual YTD-58.33% YTD Dollar Fund I (Footnote) Estimate of Estimate Actual Variance General (1) $ 10,931,117 $ 6,376,485 $ 8,107,353 $ 1,730,868 Convention Development Tax 80,300 46,842 56,737 9,895 Local Option Gas Tax 421,009 245,589 242,814 (2,775) Better Jax 1/2 Ct Sales Tax 694,870 405,341 411,835 6,494 Police Training, Forfeiture & Grants, etc. 110,041 64,191 78,584 14,393 Grants (2) 75,000 43,750 7,641 (36, 109) Capital Projects (3) 495,000 288,750 230,989 (57,761) Utility 8,611,203 5,023,202 4,754,310 (268,892) Sanitation 1,789,000 1,043,583 1,054,559 10,976 Building Code Enforcement (4) 281,550 164,238 250,183 85,945 Storm Water 1 '155,000 673,750 728,705 54,955 Pension -Police (5) 1,329,681 775,647 843,337 67,690 Pension -General (5) 2,190 980 1 278 072 1,435,950 157,878 Total $ 28,164,751 $ 16,429,438 Analysis of Major Variances (Variances >$25,000 AND 10.00%) $ 18,202,996 $ 1,773,557 In general, the major variances are created when the actual funds received-to-date are different from the percentage of the budget elapsed-to-date. They are as follows: (1) The positive variance In the General Fund is mostly due to the timing of property tax receipts. The bulk of the receipts come in November and December. (2) The city has not received expected grant monies from CDBG; therefore there is a negative variance in Grants. (3) The city has not received expected grant monies from the State of Florida nor the City of Jacksonville; therefore there is a negative variance in Capital Projects. (4) Building Code Enforcement permit activity is running above projected revenues, similar to surrounding jurisdictions and counties. (5) The $67,690 and $157,878 positive variances in the Pension Fund-Police and Pension Fund-General, respectively, resulted from changes in market values of the investments of more than the anticipated amount. Percent Variance 27.14% 21.12% -1.13% 1.60% 22.42% -82.53% -20.00% -5.35% 1.05% 52.33% 8.16% 8.73% 12.35% 10.79% City of Atlantic Beach FINANCIAL REPORT April2014 Expenses Annual YTD • 58.33% YTD Dollar Department I (Footnote) Estimate of Estimate Actual Variance Governing Body $ 42,933 $ 25,044 $ 23,256 $ 1,788 City Administration 2,647,720 1,544,503 1,391,319 153,184 General Government (1) 640,119 373,403 418,599 (45, 196) Planning and Building (2) 434,709 253,580 202,014 51,567 Public Safety (3) 5,691,716 3,320,168 2,874,734 445,433 Recreation and Special Events 396,901 231,526 199,527 31,999 Public Works (4) 7,867,886 4,589,600 3,049,375 1,540,225 Public Utilities (5) 10,765,012 6,279,590 5,331,894 947,697 Pension -Police 751,628 438,450 446,843 (8,394) Pension -General (6) 852,850 497,496 580,432 (82,936} Total $ 30,091,474 17,553,360 14,517,992 $3,035,368 Annual YTD • 58.33% YTD Dollar Resource Allocation Estimate of Estimate Actual Variance Personnel Services (1 ,3) $ 9,486,593 $ 5,533,846 $ 5,015,518 $ 518,328 Operating Expenses (1-4) 10,702,789 6,243,294 5,404,209 839,084 Capital Outlay (1 ,4) 5,824,304 3,397,511 1 '116, 120 2,281,390 Debt Service (2,4) 2,448,768 1,428,448 2,031,881 (603,433) Transfers Total $ 1,629,020 950,262 30,091,474 $ 17,553,360 $ Analysis of Major Variances (Variances >$25,000 AND 10.00%) 950,262 14,517,990 $ 3,035,370 In general, the major variances are a result of timing differences created between the percentage of budget elapsed-to-date and actual expenditures. They are as follows: (1) The negative variance in General Government resulted from the budget for insurance premiums, other than health, and debt service being prorated over twelve months when budgeted, but expensed when paid -insurance in October and SunTrust '99 debt payoff in December. (2) The positive variance in Planning and Building resulted from a vacant position for a Redevelopment and Zoning Coordinator. The position has been vacant since the beginning of the fiscal year. (3) The positive variance in Public Safety was partially due to the budget proration practice mentioned above -Fire contract with COJ is billed quarterly in arrears (approximately $260,000 in January); and, lifeguard expenditures will appear seasonally during April-September. The remaining variance is due to turnover/unfilled positions in the Police Patrol and Crime Suppression divisions. (4) The positive variance in Recreation and Special Events is due to a vacant position at the Donner Park Community Center; additionally, personnel costs have been lower in FY14. (5) The variance in the Public Works Department was due to: project activity budgeted that has not been started/completed -see Project Activity schedule; only three payments recorded to the trash hauler and fleet maintenance provider (October payments for September activity were recorded in FY13 for year-end cut-off); Storm Water Fund debt payments were expensed in October when paid, but prorated for budget purposes; and minimal expenses have been incurred towards the Parks Master Plan consultant or the resurfacing/street paving program. (6) The positive variance in the Public Utilities Department is due to budgeted project activity that has not been started/completed. (7) The negative variance in Pension -General resulted from a doubling from three to six DROP participants with higher benefits. AGENDA ITEM# 4A JUNE 9, 2014 Percent Variance 7.14% 9.92% -12.10% 20.34% 13.42% 13.82% 33.56% 15.09% -1.91% -16.67% 17.29% Percent Variance 9.37% 13.44% 67.15% -42.24% 0.00% 17.29% City of Atlantic Beach AGENDA ITEM# 4A JUNE 9, 2014 FINANCIAL REPORT April 2014 Project Activity-Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Balance Status Public Safety: Kennel Improvements PS1401 40,000 40,000 s Life Guard Building Improvements PS1402 6,000 6,000 s $ 46 000 $ $ 46 000 Public Utilities: Reclaim Water Plant PU0805 1,352,269 398,443 953,826 I Replace the Water Main on Pine Street PU1304 53,199 53,199 c Replace 4" Water Main at Won derwood and Finegan PU1305 58,852 58,852 c PT Repair at Lift Station C PU1306 10,280 10,280 B Repair 24" Effluent Force Main PU1308 5,260 5,260 0 c Repair 12" Force Main PU1309 3,363 3,363 0 c Water Plant #2 Tank Rehabilitation PU1401 125,000 125,000 A Water Plant #2 Rehabilitation GST PU1402 100,000 100,000 I AC Main Sea Oats PU1403 190,000 190,000 R lnline Valve Installations PU1404 50,000 50,000 I Manhole Replace Saturiba PU1405 86,000 86,000 B Sewer Rehabilitation Saturiba PU1406 190,000 190,000 I Donner Subd Sewer Upgrade PU1407 155,000 155,000 D Effluent Outfall Replacement PU1408 137,264 2,325 134,939 E Effluent Pump at WWTP PU1409 50,000 33,940 16,060 I Connect A1A at Mallard Cove PU1410 130,000 130,000 E Subtotal $2,696,487 $ 555,382 $ 2,141,105 Parks Maintenance: Marsh Master Plan Signs PM1301 625 625 c Rose Park Development PM1302 237,440 195,920 41,520 I Russell Park Tennis Courts 1-2 PM1401 100,000 100,000 s Bull Park Gazebo PM1402 X Donner Park Ball field Improvements PM1403 75,000 75,000 I Electric Gate at Dutton Island Park PM1404 8,000 I Marsh Project Pedestrian Path PW1408 150,000 9,941 140,060 E March Overlook and Kayak Launch PW1409 293,000 293,000 E Marsh Preserve Path PHZ-1 PW1410 42,000 41,628 372 c Subtotal $ 906,065 $ 248,114 $ 649,952 Public Works: Dutton Isle Road Sidewalks PW1301 65,263 849 64,414 B East Coast Drive Drainage Improvements PW1306 323,046 77 322,969 I Fountain PW1402 7,500 7,500 E Welcome Sign PW1403 11,000 5,579 5,421 E Robert Street Ditch PW1404 50,000 50,000 E Sidewalk and Curbs PW1405 25,000 497 24,503 I Salt Air Drainage and Sidewalk Improvements PW1406 380,000 39,031 340,969 E Seminole Road Improvements PW1407 560,000 54 559,946 E Canopy Replacement on PW Building PW1413 75,000 75,000 E Subtotal $ 1,496,809 $ 46,087 $ 1,450,722 Total $5,145,361 $ 849,583 $ 4,287,779 Status Key A-Bid/RFP Advertised I -Project In-progress B -Bid Awarded N -Complete/Non-Capital C -Project Completed R-Re-budget Next Fiscal Year OR Re-Evaluated D -Design Completed S -Staff Researching DE -Deferred X-Project Cancelled E -Design Phase AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90-Day Calendar for the Mayor and Commission AGENDA ITEM# 4B JUNE 9, 2014 Yvonne Calverley, Executive Assistant to the City Managet!'C---- May 20,2014 None The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special note: • Proposed date for the rescheduled HRO Workshop is Thursday, June 121h at 5 pm. • At the May 12th Commission meeting, the Commission tentatively set a date of Thursday, June 26th for a workshop on the Police Building. However, a possible conflict could occur if the Charter Review Committee schedules their next meeting on this date. • Budget Workshops have been scheduled for the following dates: Tuesday, August 5th-5pm Thursday, August 21st-5pm Thursday, August 28th-5pm (if a 3rd workshop is needed) BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for June through August ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (June through August) CITY MANAGER: 8 15 22 29 2 1 9 Commission Mtg 6:30 pm-Chamber (Invoc-Woods) Videotaped I 16 23 Commission Workshop 6:30 pm -Chamber Videotaped 30 3 I t O I n 24 COMMISSION CALENDAR June 2014 4 I ll I ts ·r -J s 1 12 HRO Workshop (Tentative) 5 pm (Videotaped) I 19 26 Police B ldg Workshop (Tentative) TimeTBD (Videotaped) 6 1 13 I I 20 z- Newsletter Due (Mayor) Due Date for Agenda Items 7 114 I 21 28 > 0 -:_r=-; c z zo w > '-0--; ~a ~~ ~"" A OJ COMMISSION CALENDAR July 2014 2 I 3 14 I s * 4th of July 6 7 8 9 ' 110 City Offices Closed 111 I 1~ Nevvsletter Due (Mayor) 13 1 14 15 1 16 1 11 1 t8 I 19 Commission Mtg 6:30 pm -Chamber Due Date for Town Hall Meeting (Invoc -Mark) j Agenda Items Jordan Park Videotaped lOam (Not videotaped) ~0 I 21 I 22 1 23 24 I 25 I 26 T I 28 I 29 I 30 I 31 I I > _, 0 ~r_.W Commission cz zo Workshop ['l"l> \0 ---l 6:30 pm-Chamber N trJ :=s: Videotaped .;:.,., .;:. c:o COMMISSION CALENDAR August 2014 1 2 3 1 -t .J 6 'I 7 8 1 9 Budget Workshop N e wsletter Due 5 pm-Chamber (Mayor) I (Videotaped) 10 1 11 112 1 13 I 14 15 I 16 I Commission Mtg 6:30 pm-Chamber I I I Due Date for (Invoc -H ill) Agenda Items (Videotaped) 17 I 18 1 19 1 2o I 21 22 1 23 Budget Workshop 5 pm -Chamber I (Videotaped) 2+ ,--.:l Commission 26 27 I 28 I 29 30 Workshop Budget Workshop 6 :30pm-Chamber 5 pm -Chamber (Videotaped) I I (Videotaped) I I I > 0 r_C!'j 31 I I cz :zo w > \0 -• ....J rv[!i 2 s: A ,., A ~ CTTY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA IT EM: Annua l Water Quality Report SUBMITTED BY: Donna Ka luzniak, Ut il ity Dir cc tor(Q:9 DATE: May 9, 20 14 STRATEGlC PLAN LINK: N/A AGENDA IT I~M # 'I C" JUN E 9.20 14 BACKGROUND ~ A co py of th e 20 13 Water Qual ity Report for th e City of Atla ntic Beach is provided for the City Co mmi ss ion 's review. The Flor ida Department ofEnvirorunenta l Pro tecti on (FDEP} requires ann ual water qua lit y repo rts be prov ided to all customers by th e first of Ju ly every year. FDEP now all ows reports to be provided elect ron ica ll y via web s ite as we ll as by mail. The City is required to test for over 80 drinking water contaminants, but on ly th ose detected dming a nalysis are in cluded in th e repo rt. As shown, detected va lu es were within the level s all owed an d we had no vio lat ions of water qua l ity limi ts . BUDG ET: A tot al of$600 is budgeted in the Water Fund for printing th e repotis, und er acco un t nu mbers 400 -5502-533-4 700. RECOMMENDATION: No action necessary. The rep01t is provided fo r in f01mation on ly. ATTACHMENTS: I. 2013 Atl an ti c Beach Water Qua lity Repo rt REVIEWED BY CITY MANAGER: :?z. V ~ 2~ 2013 W(lter Quality Report CITY OF ATLANTIC BEACH, FLORIDA AGENDA I TEM /1 4C J UNE 9, 20 14 We arc very p leased to provide yo u witb this year's Amma l Water Qua lity Report. We want to kee p yo u informed about the excell ent wa ter a nd serv ices we have de livered to yo u over th e past yea r. Our co nstan t goa l is to provi de you with sa fe and dependabl e drin ki1\g water. We want yo u-our va lu ed custo mers-to und erstand o ur wa ter qu ality resul ts a nd what th ey mea n. Our wa ter so urce is th e Flor id an Aq uifer, which is s imilar to a large und ergro und ri ver. Gro und wa ter is pumped from ni ne we ll s th a t are approximately 700 to I 000 feet deep. This wate r is aerated to remove s ulfides and chl orin ated for di sinfec ti on a t th e fo ur sepa ra te Water T reatm ent Pl a nts. Co n-osio n co nt ro l treatmen t is also provided. Trained, state ce rtifi ed pl ant operat ors ens ure pro pe r trea tm ent of n ea rly three milli on ga ll on s per day of water prov id ed to our cus tomers. We are pl eased to report that o ur dl'ioldo g water quality meets all Federa l and S tat e requirements. If yo u ha ve a ny ques ti ons abo ut tllis re pot1 or co ncernin g you r wate r utility, please co nt act Mr. HmTy McNally, Plants Di vis ion Director a l 904-247-5838. l f yo u wa nt to becom e infonn ed about upcoming water-related projects or program s, pl ease attend any of our City Co mmi ss ion mee tin gs whi c h are sc hed uled on the 2"" and 4111 Monday of eve ry month at 6:00 p.m. a t Ci ty Hall , 800 Se mino le Ro ad, Atlan tic Beach, Flor.id a 32233, or ca ll or e-ma il o ur Public Utili ties Director, Ms. Donn a Kaluzniak , at 90 4-270-2535, dka lu zni ak @coab .us. T he C ity o f At lanti c Beach routinely mon ito rs for co ntaminan ts in your drinking wa ter accord ing to Federa l and Sta te laws. Except where indi cated othe1wise, thi s report is based on the resu lts of our mo nitoring for th e period of January I st to Decemb er 3 1s t, 20 13. Data ob ta in ed befo re Ja nu ary I, 20 13 a nd presented in th is re port are from the tnost recent te stin g don e in accordance wit h th e la ws , rul es and reg ulations. As auth orize d a nd app roved by th e EPA (E nvironm ent al Protectio n Agency), the State ha s redu ced monitoring requirement s for certain co ntamin a nt s to less ofte n than once per year beca use the concentrati ons o f th ese contaminants are not ex pected to vary sign ifi ca ntly from year to year. 1n ord er to ens ure th at rap wate r is safe to d1i nk , th e EPA prescribes re gulati o ns which lin1iL the amount of ce rt ain con taminant s in water provided by p ubl ic water sys tems. T he Food and Drug Adminis tra ti on (FDA) regul ation s es tablis h lim i.ts for con tam inants in bo ltl ed wa ter which mu s t pro vid e th e same protection fo r pub lic health . AGEN DA ITEM I/ 4C JUNE 9. 20 14 Drinking water, inc ludin g bottl ed wa ter, may reaso nabl y be ex pected to co nta in at leas t s mall amounts of so me co nt amin ants. Th e presence of co ntamin ant s docs no t n ecessari ly indi ca te th at the wa ter poses a heal th ris k. More in fo rm ati on abo ut co nt amin ants and pote ntia l hea lth effects ca n be obta in ed by ca llin g the EP A's Sa fe Drink in g Water Hotl ine a t 1-800-426-4 79 1. T he E PA requires monitorin g o f ove r 80 drinking wate r co ntamin a nts. Th ose contamin ant s li sted in th e tabl e are the only ones detec ted in yo ur drinking wa ter. MCLs a re se t at very s trin ge nt leve ls. To und erstand th e poss ibl e hea lth e ffec ts described fo r ma ny regu late d co ntam ina nt s, a perso n wo uld have to dri nk 2 liters of wa ter every day a t the MC L leve l fo r a lifetim e to have a one-in-a-mi ll ion chance of hav in g th e descri bed hea lth e ffec t. Some people may be more vulnerable to contaminants in drinking water than t he general population . Immuno-compromised persons such ::t s persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people witb HJV/AID S or ot11 er immune system disorders, some elderly, and infants can be particularly at risl< from infections. These people should seek advice about dl'inldng water from th eir· health care providers. EPA/CDC guid elines on nppropriate means to less en th e rislc of infection by cryptosporidittm and otber micro-biological contaminants ::tre ::tv::tilabl e from E PA 's Safe Drinldug Water Hotlin e at 800-426-4791. l f prese nt , elevated leve ls o f lea d can ca use se rious hea lth probl ems , espec iall y fo r preg nant wo men and yo un g children. Lea d in drinki ng wat er is prim aril y from mat etials and comp one nt s assoc iated with se rvice lin es and home plum bin g. Atl anti c Beac h is res pons ibl e fo r p rov idin g hig h qtt a lity d rinking wa ter, but ca nnot co ntrol th e varie ty of materi a ls used in plum bing compo nent s. Wh en yo m wa ter has been sitting for severa l hours, yo u can m inimi ze the po tent ia l fo r lead exposure by fl us hing yo ur ta p for 30 seco nd s to 2 minu tes befo re using wa ter for dri nkin g or cook ing. l f yo u arc co ncern ed a bo ut lea d in yo ur wate r, yo u may wish to have yo ur water tes ted. Inform at ion on lead in drinking wa ter, tes ting methods, and steps yo u can take to mmum ze ex pos ure is ava ilable from the Sa fe Dri nkin g Wa ter Hot lin e or a t h ttp ://www .epa.go v/sa fcwater/lead . IJ1 20 13 th e Fl orid a Depa rtme nt o f E nviro nm enta l Pro tec ti o n (F DE P) perfor med a So urce Wate r Assess ment on our sys tem. Th e assessme nt was co nd ucted to prov ide informa ti on about any po tenti al sources of conta minati on in th e vicinity of our we ll s. T here are 6 potential so urces of co ntaminati on id enti fie d for otu· sys tem with low susceptibility levels, mostly du e to pet ro leum s to rage tank s. To protect o ur so urce wa ters, th e C it y ena cted a Wellh ead Pro tec tion O rd in ance. Al so, FD E P ha s a very acti ve petroleum co nt amin a ti on preve nti o n prog ram and so me of th e m os t s trin ge nt rul es in the co untry. T he assess ment result s are ava il a bl e on th e PDE P So urce Water Assess ment and Pro tec tio n Prog ram webs it e at www.dep.state.fl.uslswapp . Than}{ you for allowing us to continue providing your family with clean , quality water this year. We at the City of Atlantic Beach work around the clock to provide top quality water to every tap. We asl< that all our cus tomers help us protect our water sources. 2013 Water Quality R epo rt CITY OF ATLANTIC BEACH, FLORIDA /\GENOA ITEM II 4C JlJNE9, 20 14 In th e tab le yo u will lind many term s and abb rev iations yoo might not be fami li ar with. To help you be tt er understand th(.-se terms, we have provided the follow in g defin iti ons: Action Lev el (AL)-·n,e co nce nhu ti on of o co nt1lmin ont whi ch, if exceeded, tri ggers treatment <u· othct· requ ire ments whi ch n wa ter syste m mu st fo ll ow . lnltlnl Di sll ·lbutlon System Eva lua tion (ID SE)-An imp orwnt pmt of th e Stage 2 Di sinfe ct ion Byprodu cts Rule (DBPR). The lO SE is u one-t im e s tu dy conduc ted by water systems to ident ify di stTibuti on sys tem loca tio ns wit h hi gh concent rations ofu·i holomet hancs (TII Ms) and ho loacet ic acid s (I IAAs). Water systems will use res ult s from the IDSE , in co1 tiun c tion with their Sta ge I DBPR com plillnce monitoring da ta, to select comp lia nce monitori ng loca ti ons for th e Stage 2 DBI'R. Maximum Contaminant Level Ol' MC L -The highest level of a co ntaminnnt tl1al is allowed in chinking water. MCLs arc set as close to the MCLG s as feu sibl e using th e bes t nva il ab lc trea tm ent technology. Mnxlmum Co ntaminanc Level Goa l or MC LG -The leve l of a con taminant in drinking water below whi ch there is no known or expected risk to hea lt h. MCLGs allow fo 1· a ma rgin of snfety. Mnxlmum Residua l Di sinfectant Level (MRDL) -l 11e highes t level of a d isi nfectan t allowed in drink ing water. fhcn.: is a co nvi nci ng evide nce that add iti on of n di s infectant is ncccssu ry for con twl of microbial contaminants. Mnx lmum Residua l Di sinfectan t Leve l Goa l (MIWLG)-The leve l of a dti nking water disi nfec tant bel ow whi c h there i~ no kn own or expected risk to health . M RDLGs do not rc ncct the bcnclits of the use of disinfec tan ts to cont rolmicrobio l contam in ant s. Non -Detects (NO)-Means not det ec ted and indicute s that the substance was not tound by labo ra tory analysis. Not Applicable (N/A)-TI1e information docs not app ly in thi s category or fo r thi s comaminanl. !•ar ts pet• billion (ppb) or Micrograms per liter (ug/L)-One part by weig ht of ana lyte to one billi on pm1s by wcig ht'of the wa ter sa mpl e. Parts ilel' million (ppm) or M illi g rams pe r lit er (mg/L)-One po rt by weigh t ofanolyte to one mill ion part~ by weight o f th e wate r sample. [>icocu rl cs per HICI' (p Ci/1)-Mc.:a surc or th e rac.l ionctiv it y in Wl.l tcr. '11n: so urces of dri nkin g wa tec· (bo th tn t> water and bottled water) include rivers, lakes, st reams, pond s, reservoirs, sp dngs and we ll s. A s water tm ve ls over th e surface of th e land or through th e groun d, it di ssolves naturally-occurrin g minera ls and, in some cases, radioactive mate rial , and can pi ck up sub stances res ult in g from the presen ce of an imal s or from hum a n ac tivity . Con tami na nt s that may be presen t in source wate r in clude: (A) Microbial con taminaurs , suc h as viruses and bac teria, whic h may come from sewage treatment plunl s, sept ic liys tcrns, agricultura l lives tock operations ;md wi ldl ife. Sec Note below: Note: On September 3, 20 13, one of the City's wells t e~tcd posi tive for E. coli bacteria. Tes ts token th rougho ut the wa ter distribu ti on sys tem on th e same day a nd nc.'t t c.lay we re all negat ive for bacteri a. Subsequent tes ting of th e well al so fo und no E. co li . h is like ly that th e pos it ive re sult was caused by a sampl in g or testing error. Water fro m thi s we ll goes through th e treatment and dis infectio n process prior to dis trib ution to th e publ ic. /Jcaltlr Effects: E. coli arc bacteria whose presence indicn tes th at the water may be contam inated with human or an imal wastes. Microbe s in th ese was tes can cause short-t enn cffecl~. such as dmrrhea , crn mps, nausea, heada ches or other sym pt oms. They pose n specia l health ri sk for infants, young children, so me ofthc e lderly, and people wi th severely comprom ised immune systems. (13) In orga nic co ntamimtuls, such as salts and mc t11 ls, wh ich can be nat urally-occu rring or res ult from urba n stonnwatcr run off, in du strial or domesti c wastewater di scharges, oi l and gas prod uctio n, mi ning or fa nni ng. (C) Pes ticides and ll erbicirle~·, which may co me fr om a va riety of so urces suc h as agricu ltu re, urbn n stotmwa ter runoff~ nnd residen tia l usc.~. ~) Orqunic chemical coulamiurwts, inc lu.ding sy ntheti c nnd vo lat.llc orga nic e_hemica ls, which arc by-prod~cts of . tndustnn l proce sses a nd petroleu m prod uction , and can al so co me from gas statton s, urban stom1watcr ru noff and sopit e syste ms. (E) Rurlioa crive coutamluams, whi ch can be nocurall y occ urrin g or be th e res ult of' o il and gas product ion and mi nin g activ iti es. AGENDA ITEM# 4C JUNE 9, 2014 ATLANTIC BEACH WATER QUALITY DATA 2013 .Maximum Highest Contaminant Sample Level Goal Level and Unit of Date Allowed (i\ICLGor Detected Range of Typical Source of Contaminant Results Measurement (mo./yr.) (i\ICL or l\IRDLG) (HLD) MRDL) (Max.) INORGANIC CONTAMINANTS: (Results in the HLD column are the lzi.f!hest detected level at anv samolinf! ooint) Discharge from metal refineries and Beryllium (ppb) 3/11 4 4 0.2 ND-0.2 coal~buming factories; discharge from electrical, aerospace, and defense industries. Barium 0.024-Discharge of drilling wastes; (ppm) 3/11 2 2 0.024 0.021 discharge from metal refmeries; erosion of natural deposits Erosion of natural deposits; discharge from fertilizer and Fluoride (ppm) 3/11 4.0 4 0.78 0.68 -0.78 aluminum factories. \Vater additive which promotes strong teeth when at optimum levels between 0. 7 and 1.3 ppm. Lead (point of Residue from man-made pollution entry) 3111 15 0 .32 ND-.32 such as auto emissions and paint; (ppb) lead pipe, casing and solder Sodium 3111 160 N/A 17 12-17 Salt water intrusion, leaching from (ppm) soil Nitrate (as Runoff from fertilizer use; leaching nitrogen) (ppm) 4/13 10 10 0.14 0.14-0.14 from septic tanks, sewage; erosion of natural deposits STAGE 1 DISINFECTION BY-PRODUCTS: (The ~esult m the HLD column for Ch/onne 1s the annual average of the quarteliy avewges of.esultsfi'om all sample sites. The result in the HLDcolumnfor HAA5s and ITHJ..fs is the average of samples taken for compliance. The Range of Results for HAASs and 1THA.fs is the range of individual sample results-lowest to highest-for all monitoring locations, including JDSE results as well as Stage I compliance results) Chlorine Monthly 4 4 1.4 0.4-2.9 \Vater additive used to control microbes (ppm) 2013 Haloacetic Acids ~5) 7/13 60 N/A 21.75 14.02-32.27 By-product of drinking water disinfection (HAA) (ppb) Total Trihalo- methanes (TTHMs) 7/13 80 N/A 48.7 32.88-57.38 By-product of drinking water disinfection (ppb) STAGE 2 DISINFECTION BY PRODUCTS· " Haloacetic Acids (HAAS) 10/13 60 {ppb) N/A NIA 7.33-18.13 By-product of Drinking Water Disinfection Total By-product of Drinking Water Trihalomethanes 10/13 80 N/A NIA 18.28-35.25 (TTHM) (ppb) Disinfection MICROBIOLOGICAL CONTAMINANTS ' Total Number MCL Violation (YIN) N N N N N N Sample of Positive Likely Source of Violation Contaminant MCLG MCL Date (mo./yr.) Samples for the Contamination YIN Year E. coli (at the ground water 9/13 I 0 0 Human or animal fecal waste N source) LEAD AND COPPER HOME TAP SAMPLING· Contaminant and Sample AL 90'" No. of N N N N N Unit of Date (Action i\ICLG Percentile sampling sites Likely Source of AL Exceeded YIN exceeding the Contamination 1\leasurement (mo/yr) Level) Result AL Copper Corrosion of household plumbing systems; erosion of (tap water) 9111 1.3 1.3 0.16 0 of60 natural deposits; leaching from N (ppm) wood preservatives Lead Corrosion of household (tap water) 9/11 15 0 1.6 0 of60 plumbing systems; erosion of N (ppb) natural deposits Highlights Atlantic Beach Police Department 1st Quarter 2014 AGENDA ITEM# 4D JUNE9, 2014 The inaugural Citizens Police Academy began during this quarter. Police Department personnel finished planning and creating the CPA program during the first two months of this year for the start of the inaugural session in March. Each weekly session is planned to cover different topics taught by different police department personnel. Everyone put great effort and enthusiasm into this program, which is off to an excellent start! We had a surprising amount of interest in the CPA and due to this; we had to create a waiting list for citizens to join the 2nd session (to be scheduled later this year). We continue to have one full time officer dedicated to the COPS (Community Oriented Policing) program. This officer spends much ofhis time interacting with citizens within the community, building positive relationships. He spends most of his days visiting the community centers, city parks, and conducting patrol on foot and bicycle. Additionally the COPS officer contacts citizens in need of services to offer different resources. This officer has become a member of the beaches citizen advisory board for local youth who are first time offenders. The Atlantic Beach Police Department has an exceptional emergency response time. The average emergency response time for January through March 2014, from the time the first call is received to the first officer on scene, is 2 minutes 52 seconds. Crime The state wide annual Part I crime statistics (Murder, Rape, Robbery, Aggravated Assault, Burglary, Larceny and Auto Theft) for 2013 have just been published. Although higher than 2012, Atlantic Beach continues to have the lowest per capita crime rate in Duval county. Location AB NB JB JSO Florida Per Capita 32.22 32.35 46.19 45.84 36.27 Crime Rate annual2013 2012 28.86 33.18 56.16 48.13 40.70 Percent 11.6% -2.5% -17.8% -4.7% -4.7% change The Part I crimes were for 2012 were artificially low due to a vacant multi-family complex. An increase in crime starting in the end of2013 was anticipated. Staff further expected the increase to continue into 2014. Although an 11% increase was noted, it was still substantially less than 2011, 2010 and 2009. Productivity AGENDA ITEM# 4D JUNE 9, 2014 In the first quarter, there were 5,516 calls for service. Officers made 165 arrests, 63 of which were for DUI. 867 traffic citations were issued between January and March of this year, and 51 traffic accidents were reported. The Animal Control Division received 3 81 calls this quarter, issued 17 citations, and impounded 52 animals. Personnel Currently the Police Department has 2 police officer vacancies and 1 emergency communications operator vacancy. We are in the process of screening applicants for these positions. Training The Department is deeply committed to providing quality training to all its employees. In the first quarter of 2014, employees have attended training in the following topics: • Sovereign citizen encounters course • Managing Multiple priorities, projects and deadlines • Radar/laser speed measurement • Developing a comprehensive traffic safety program • General Instructor Techniques • Active Shooter Course • Firearms Armorer Course • Dispatcher FTO Program • Linx End User training • Recovery from Disaster: the local government role • Managing the Accreditation Process Advanced training keeps employees current and on the cutting edge of Public Safety techniques, trends and strategies. The Department believes a better trained employee results in the delivery of a higher quality of service. The above list does not include classes taken by the employees who are enrolled in various college degree programs. Quarterly Report Murder Rape Robbery Part I Crimes Aggravated Assault Burglary Larceny Auto Theft Tot al Calls for Service TOTAL ARRESTS DU I Arrests Traffic Cit ations Auto Accidents Emergency Response T ime Ave rage St olen Property Recovered Property Recovery Percentag e Crime Suppression , Felony Arrests Misdemeanor Arrests Alcohol Deployment Arrests Prostitution Arrests Animal Control Phone Calls Citations Animal Bites Reported Animals Impounded FIRE DEPARTMENT EMS Calls Response Time Rre Calls Response Time Atla ntic Beach Poli ce Department 1s t Quarter 2014 1st Quarter 2010 1st Quarter 2011 0 0 ~t 3 3 t· Rf ---16 -· - 18 14 54 59 -~-- 1__ --4 83 99 71 20 6333 -- 193 220 80 74 1153t --~-- 1193 44 50 0 min 5 3 sec 2 min 12 sec s 121,849 $ 174.000 $ s 4,632 s __ 48,354 $ 4% 28% I 10' 141 ----18 10 --- 3 2 17 0 608 558 69 64 - 5 4 90 84 167 194 --4 :35 4 :36 43 31 4 :07 4 .38 1st Quarter 2 01 2 1st Quarter 2013 0 o' ~-- 1 0 -1 3 7 8 17 12 --56 43 1 3 1 8 3 69 1 5 ,159 5560 196 203 65 70 997 1370 60 64 3 min 13 sec 3 min 8 sec 97,911 $ 56,4 28 11 ,289 $ 6 ,797 --12% 12%' 4 3 12 2 --1 0 0 0 -+ 627 379 ---47 44 2 2 9 1 69 s $ 1st Quarter 2014 2 01 3-2014 Comp ari son 0 0 % 1 ' 100% --;t---4 , 33% 5 20 --43 2 75 5 ,516 165 63 867 51 2 min 52 sec 98,370 26,137 27% 5 8- 0 0 381 -17 4 52 ~ --- ~ --- -38% 67% 0 % -33% 9% -1% -19% -10% -37% -20% 74% 285% 67% 300% 0% 0% 1% -61% 100% -25% 232 --~4i~ 249 4 min 21 sec 4 min 57 sec 4 min 14 sec 43% 54 23 ' 5 min 31 s ec 4 min 19 sec 4 min 23 sec 33 43% > () ._w cz ZCi r:J> '0 -~2 ~s: .c.::!: ~ Ci CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Repair and Coating of Elevated Tank at Water Plant #2 Bid No. 13 14-09 SUBMITTED BY: Dorma Ka lu zniak , Uti lity Directo@ DATE: May 9, 20 14 STRATEGIC PLAN LINK: N/A AGENDA I ll::M # 4h JUNE9,20 14 BACKGROUND: As part of the City's maintenance program, the ground and elevated storage tanks at the City's water plants are in spected , rehabilitated and coated on a regular basis . The City advertised for bids for repairs and coating of the int erior and extctior of the 300,000 ga ll on elevated storage tank at Water Plant #2 (230 1 Mayport Road ). Four contractors attended the mandato ry pre-bid meeting and three contractors submitted bids: Contractor Tank Rehab U ti lity Service Co., Worth Contract ing, Inc. Inc. Subtotal, Base $125,000.00 $111 ,400.00 $179,100.00 Bid Item s 10 % $12,500 .00 $11 ,1 40.00 $17,910.00 Contingency Total $137,500.00 $122,540.00 $197,010.00 The responsive low bidder was Uti lit y Serv ice Co., Inc. in the amount of $122,540 including contingency. BUDGET: A tota l of$125,000 was budgeted for the project in the Water Fund under account number 400-5502-533-63-00. RECOMMENDATION: Award a contract for Bid No. 1314-09 for the Repair and Coating of Elevated Tank at Water Plant #2 in the amount of$122,540 to Uti lity Service Co., Inc. and authorize the City Manager to sign the contract. ATTACHMENTS : 1. Bid Tabu lation Form . REVIEWED BY CITY MANAGER: =-z2 t/ ~ ;;J~ BID 1314-09 Required Documents Submission in Triplicate -All Documents Document Requirements Checklist Bid Form Bid Bond-5% of Total Bid Drug Free Workplace Public Entity Crimes Statement W-9 Form New Vendor Information Form Insurance References -three (3) General Contractor's License Proof of Experience-Ten (10) Years Documentation of any Addenda tsA~c tsiU 11 ciVI: t-<epa1r & recoat tne Jntenor & exterior of the 300,000 gallon elevated steel potable water storage tank at water plant #2, 2301 Mayport Road, including ; replacing existing COAB logo of same size and location. Lump Sum Ten Percent (10%) Contingency Total Base Item Plus 10% Contingency City of Atlantic Beach REPAIR & COATING OF ELEVATED STORAGE TANK ATWATER PLANT#2 May 7, 2014 Tank Rehab Utility Service Co., Inc. X X X X X X X X X X X X X X X X X X X X X X NO X NA NA ',,' ' !\ ,, $125,000.00 $111,400.00 $12,500.00 $11,140.00 $137,500.00 $122,540.00 Award of Bid based on Department Analysis and City Commission Approval 3:00PM Worth Contracting, Inc. X X X X X X X X X X X X NA ,''' $179,100.00 $17,910.00 $197,010.00 6 <-;tTl c::z zo tT:I;J> '-0 -. ...., "-'tTl 2~ -l'>-'1<: ~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 6A JUNE 9, 2014 AGENDA ITEM: Atlantic Beach Country Club Wooden Bridge Maintenance and Hold Harmless Agreement and Resolution No. 14-06 authorizing the City Manager to sign the agreement and any related documents. SUBMITTED BY: Rick Carper, P.E., Public Works Director ,f!__ C DATE: May 12, 2014 STRATEGIC PLAN LINK: None. BACKGROUND: As part of the residential development for the new Atlantic Beach Country Club, the Developer, Atlantic Beach Partners, proposed constructing a wooden bridge to connect the east (Country Club) and west (residential) sides of Sherman Creek. This wooden bridge is a high end, structural bridge designed for full H20 (34,000 lb) truck loading. Because the City of Atlantic Beach does not have bridge maintenance capability, as part of the Building Permit approval process, Staff requested the Developer enter into a perpetual maintenance agreement with the City. As part ofthis agreement, the Developer (initially) and the Country Club will be responsible for routine inspections and maintenance to ensure bridge is maintained to its design life. Additionally, Section 9 of the agreement contains indemnification language that holds the City harmless for accidents or events resulting from the Developer's failure to maintain the bridge in safe and satisfactory condition. BUDGET: There is no budget impact to this agreement. RECOMMENDATION: Approve Resolution No. 14-06 authorizing the City Manager to sign the attached agreement and any related documents. ATTACHMENT: 1) Maintenance and Hold Harmless Agreement ABCC Bridge-Final Draft 2) Resolution No. 14-06 REVIEWED BY CITY MANAGER: ----/1 y;__ et«.A..e MAINTENANCE AGREEMENT AGENDA ITEM# 6A JUNE 9, 2014 THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into by and between City of Atlantic Beach, Florida ("City") and Atlantic Beach Partners, LLC, a Florida Limited Liability Company ("Developer"), and Atlantic Beach Country Club Owners Association, Inc., a Florida non for profit corporation ("Association"). -RECITALS- 1. The Developer, Atlantic Beach Partners, LLC is presently constructing a bridge crossing ("Bridge") located within the City Right of Way in the community known as Atlantic Beach Country Club as identified in Exhibit "A" hereto ("Property"); 2. The Developer desires to assume maintenance of the Bridge in order to improve the aesthetic appearance of the community until such time as the Developer turns over the obligation to maintain the common areas of the Property to the Association, at which time the Association shall assume the obligation to maintain the Bridge; 3. The Property is within or adjacent to the corporate limits of the City; and 4. The City, by resolution number-=-------dated _____ , attached hereto as Exhibit "B", authorized its officers to enter this Agreement. NOW THEREFORE, with full knowledge and understanding of the laws governing the subject matter of this Agreement, and in consideration of the foregoing recitals and the mutual covenants and conditions contained in this Agreement, the parties, intending to be legally bound, acknowledge and agree as follows: 1. RECITALS & EXHIBITS The above recitals and attached Exhibits, if any, are specifically incorporated by reference and made part of this Agreement. 2. EFFECTIVE DATE The effective date of this Agreement shall be the date the last of the parties to be charged executes the Agreement ("Effective Date"). 3. TERM The term of this Agreement shall be for the life of the bridge, commencing on the Effective Date, unless otherwise terminated by the City in writing. 4. COMPLIANCE The Developer shall perform its obligations under this Agreement in accordance with all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, without limitation, those of the City, St. Johns River Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, and Army Corps of Engineers. 5. MAINTENANCE A. The Developer shall maintain the Bridge in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement. For purposes of this Agreement, unless otherwise noted in Exhibit "A", the locations to be maintained by the Developer shall be maintained pursuant to the maintenance standards as defined in (1) Section 102 of FOOT's Standard Specifications for Road and Bridge Construction; (2) the Manual on Uniform Traffic Control Devices; (3) the FOOT's Roadway Design Standards Index 600 Series; and (4) other applicable Governmental Law. Should the City determine that any item of maintenance related to the Improvement has fallen below the desired MA with COAB-ABP jABCC FINAL (04-21-14) Page 1 AGENDA ITEM # 61\ JUNE 9, 2014 maintenance standard; the Developer agrees to immediately bring the def icient item up to the maintenance st andard, at its sole cost and expense. The Developer will not be held responsible for a failed MRP rating, so long as such rating is no t based on any negligence, intentional or wrongful act, omission or breach of contract by the Developer. B. The Parties' representatives and points of contact for the administration of this Agreement shall be Iden tified in the "Notice" section of th is Agreement. C. The D eveloper shall maintai n all Brid ge maintenance requirements with in the Property, including, without limita ti o n , performing the following: (1) Routinely inspect the B ridge for deficiencies; wear & tear, coating protection, wood c racking or splintering, structural hardware wear, bolt tightening, railing (safety) conformity, structural integrity, and main te n ance of stripping and markings; as required by th e FOOT Bridge Maintenance And Repair Handbook (most recen t Vers ion). (2) Routinely inspect the Bridge decking and railings for aesthetic pu rposes a nd for the benefit of th e health, safety and welfare of those members of the public traver sing or otherwise utilizing the Bridge; and (3) Routinely r emove any obstructions that may cause harm to the Bridge structure; (4) Routinely keep the deck surface protected, Inspect any deficiency where the Bridge ties to the paved roadway system; (5) Routinely check for piling settl ement of beam, g irder and decking deterioration; (6) Routinely inspect structure components and hardware connections; and (7) Routinely keep the Bridge free of debris. (8) Not less than every two years have a complete brid ge inspection performed by an FOOT Certi fied Bridge Inspecto r. Report of inspection and corrective action plan including timellne for any deficiencies noted shall be provided to the City. D. T he City and the Developer s ha ll be responsible jointly fo r clean-up, removal and disposal of debris with in th e Property fol lowing and resu lting from natural disasters, including, wi thout li mitation , hurricanes and tornadoes. For debris to be removed by the City o r its contractors, it must be within the City's r ights of way. E. If the City determines th at th e Developer is not maintaining the Bridge In accordance with th e terms and provisions of thi s Ag reeme nt, the City s ha ll deliver w ri tten notification of such to the Developer. The Developer s hall have th irty (30} days from the date of the City's written notice, o r such other t ime as the Ci ty] and the Developer m utuall y agree in writing, to correct the deficiency and provid e the Cit y with w ri tten notice of the same. F. If the C ity determines that th e deficiency remains after receipt of the Developer's w ritten notice indicati ng that the deficiency was correcte d , th e Ci ty, w ith in its d iscretion, m ay: (1) provide the Developer with w ritt en authorization granting su ch additional time as the City deems appropriate to corr ect the deficiency; or (2) correct the deficiency at the Developer's sole cost and expense . Should the City elect to correct th e deficiency, th e City shall provide the Developer with an invoice for th e costs incurred by the Ci t y to correct th e deficien cy and the Developer shall pay lhe invoice in accordance with the "Payment'' section of this Agreement. MA w ith COAB-ABP/ABCC FINAL (04-21-14) Pa ge 2 AGEN DA IT EM II 61\ JUNE 9, 20 14 G . If at any time in the sole determination of the City, the integrity or safety of the Bridge requires immediate maintenance for the benefit of public health, safety or welfare, the City may perform such maintenance it deems appropri ate under the circumstances . T he City shall attempt to notify the Develop er prior to action under this section , but may t ake necessary steps to correct emergency situa tions prior to such notification in order to prevent eminent danger to public health, safety or welfare. 6. MAINTENANCE OF TRAFFIC A. The Developer shall be responsib le for the maintenance of traffic ("MOT") at all times during the performan ce of this Agreement. MOT shall be performed in accordance with applicable Gover nmental Law and th e most cu rrent edition of each of the following, as the same may be constituted and amended f rom tim e to time, all of wh ich are Incorporated herein an d made pa rt of this Agreement by reference : (1) Section 102 of the FOOT's Standard Specifications for Road and Bridge Constru c tion ; (2) the Manual on Uniform Traffic Contro l Devices; (3) the FOOT's Roadway Design Standards Index 600 Series; and (4) other applicable Governmental Law. B. If the Agency f ails to perform MOT as req uired herein , the City, within its discretion, may elect to perform MOT at the Developer's sole cost and expense. S hould t he City perform MOT, th e City shall provide t he Developer with an invoice f or the costs incurred by the City and the Developer shall pay the invoice in accordance with the "Payment" section of this Agreement. 7. PERMISSIVE USE Thi s Agreement crea tes a permissive use only. The Developer sha ll not acquire any r ig ht, title, interest or estate in th e Bridge by virtue of t he execution, operation, effect or performance of th is Agreement. 8 . PAYMENTS TO CITY All City i nvoices subm itted to the Developer for payment pursuant to th e terms a nd provisions of this Agreement are due and payable w ithin thirty (30) days of th e date of the Invoice ("Due Date"). Any portion of a n invoice not received by the City by the Due Date shall immediately thereafter begin accrui ng interest at a ra te of interest estab lished pursuant to §55.03, Fla . Stat., until paid in full . 9. I NDEMNIFICATI ON A. The Developer s hall promptly defend, ind emnify, hold the Ci ty harm less from a nd pay all demands , claims, judgments, liabilities, damages, fin es , fees, taxes, assessments, costs , losses, penalties , construction delay costs I penalties, expenses, attorneys' fees and s uits of any nature or k ind whatsoever caused by, arising out of or related to the Developer's performance, or breach, of this Agreement ("Liabilities"). The term ''Liabilities '' sha ll a lso specificall y include all civil and crim inal environmental liabi lity arising, directly or indirectly under any Governm enta l Law, inc lud in g , without li mitation , liability under the Resource Conservation and Recovery Act ("RCRA''), the Comprehensive Enviro nmental Res pon se, Compensation and Liability Act ("CERCLA"), the Clean Air Act ("CAA") and the Clean Water Act ("CWA"). The Developer's duty to defend, Indemnify and hold the City harmless specifically does not encompass ind em nifying the City for its negligence, intentional or wrongful acts, omissions or breach of contrac t. B. T he D eveloper shall notify th e City in writing immediately upon becoming aware of an y Liabilities. The Developer's obligation to defend , Ind emnify and hold the Ci t y harmless from any Liabilities, or at the City's option to participate and associate with th e Ci ty in the defense and trial of any Liabilit ies, including any related settlement negotiations, shall be triggered by the City 's w ritten notice of claim for indem nification to the Developer. The Developer's inability to evaluate liability, or its evaluation of liabilit y, shall not excuse performance of the provisio ns of thi s par ag rap h . 10. SOVEREIGN IMMUNITY & LIM ITATION OF LIABILITY Nothing in this Agreement shall be deemed or otherwise interpreted as waiving e ith er party's sovereign immunity protections, or as increasing the limits of liabili ty set forth in §768 .28 , Florida Statutes, as the same may be amended from tim e to tim e . MA with COAB-ABP /ABCC FIN A L (04-21-14) Page 3 11 . NOTICE AGEND1\ IT EM# 61\ JUN E 9, 20 14 All notices, communications a nd determinations between the parties hereto and those required by this Agreement, including, without limitation , changes to the notification addresses set forth below, shall be in writing and shall be sufficient if mailed by regular United States Mail, postage prepaid, to the pa rties at the following addre sses: City: City of Atlantic Beach Public Works Director/City Engineer City of Atlant ic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 PH : (904) 247-5834 Fax: (904) 247-5843 Developer: Atlantic Beach Partners, LLC Ri ck Wood The Wood Development Company of Jacksonvill e 414 Old Hard Road , Suite 502 Fleming Island , Florida 32003 904 264-6553 office 904 269-2729 facsimile 904 813-5647 cellular rwood@wooddev.net Association: Atlantic Beach Country Club Owners Association , Inc. The Wood Development Company of Jacksonv ille 414 Old Hard Road, Suite 502 Fleming Island, Florida 32003 904 264-6553 office 904 269-2729 f acsimile swood @wooddev . net 12. GOVERNING LAW This Agreement sha ll be govern ed in all respect by the laws of the State of Florida. 13.1NITIAL DETERMINATION OF DISPUTES The City's Director of Public Works/Engineer shall act as th e initia l arbiter of a ll questions, difficulties, and disputes conce rnin g the interpretation, validity, performance o r breach of this Agreement. 14. V EN UE AND JURISDICTION A . Venue for any and all actions arising out of or In any way re lated to the interpretation, validity, performance or breach of t his Agreement that are not resolved to th e mutual satisfaction of the parties shall lie exclusively In a state co urt of appropriate jurisdiction in Duval County, Florida. MA with COAB-ABP/ABCC FINAL (04-21-14) Pag e 4 AGENDA ITEM# 6A JUNE 9, 2014 B. The Developer, assignees, successors and all persons and entities accepting an assignment of this Agreement, in whole or in part, shall be deemed as having consented to personal jurisdiction in the State of Florida and as having forever waived and relinquished all personal jurisdiction defenses with respect to any proceeding related to the interpretation, validity, performance or breach of this Agreement. 15. JURY TRIAL THE PARTIES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY DISPUTE CONCERNING THE INTERPRETATION, VALIDITY, PERFORMANCE OR BREACH OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES ALLEGEDLY FLOWING THEREFROM. 16. ASSIGNMENT The Developer may not assign, pledge or transfer any of the rights, duties and obligations provided in this Agreement without the prior written consent of either party. The City has the sole discretion and authority to grant or deny proposed assignments, with or without cause. Nothing herein shall prevent the Developer from delegating its duties hereunder, but such delegation shall not release the Developer from its obligation to perform this Agreement until such time as the Developer turns over control of the Association to its members. At such time as the Developer turns over control of the Association to its members as provided in Section 720.307, Florida Statutes, the obligations of the Developer set forth in this Agreement shall be assumed by the Association immediately as of such date without need for execution of any further instrument. Developer shall provide notice to the City of the transition of control to the Association no later than three (3) business days following the turn over of control. From the date of transition of control from the Developer to the Association forward, the Developer shall have no further obligation under this Agreement and all references in this Agreement to the Developer shall be read from that point forward as referring to the Association. 17. THIRD PARTY BENEFICIARIES This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or remedies upon any other person or entity except as expressly provided for herein. 18. VOLUNTARY EXECUTION OF AGREEMENT Each party warrants and represents to the other: (i) that it understands all of the rights and obligations set forth in this Agreement and the Agreement accurately reflects the desires of said party; (ii) each provision of this Agreement has been negotiated fairly at arm's length; (iii) it fully understands the advantages and disadvantages of this Agreement and executes this Agreement freely and voluntarily of its own accord and not as a result of any duress, coercion, or undue influence; and (iv) it had the opportunity to have independent legal advice by counsel of its own choosing in the negotiation and execution of this Agreement. 19. ENTIRE AGREEMENT This instrument, together with the attached exhibits and documents made part hereof by reference, contains the entire agreement of the parties and no representations or promises have been made except those that are specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any part hereof, are waived, merged herein and superseded hereby. 20. SUFFICIENCY OF CONSIDERATION By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same. 21. WAIVER The failure of either party to insist on the strict performance or compliance with any term or provision of this Agreement on one or more occasions shall not constitute a waiver or relinquishment thereof and all such terms and provisions shall remain in full force and effect unless waived or relinquished in writing. MAwith COAB-ABP/ABCC FINAL (04-21-14) Page 5 22.1NTERPRETATION 1\0END/\ ITEM tl 61\ J UNE 9, 20 14 No term or provision of thi s Agreement shall be interp reted for or agai nst any pa rty because th a t party or tha t pa rty's lega l representative draft ed the pro vision . 23. CAPTIONS Pa rag raph ti tl e or ca pti ons contained herein are Inse rt ed as a ma tter of con ve ni ence and ref erence and in no wa y defin e, lim it, exte nd or describe th e sco pe of this Agree ment or an y provisio n her eof. 24. SEVERANCE If any section, pa ra grap h, cla use or provis ion of this Agreement is adjudged by a court, agency or authority of competent jurisdicti on to be in val id, ill ega l or oth erwise unenfo rcea bl e, all r emainin g p art s of thi s Agreemen t shall re main i n full force and effec t and the parti es s hall be bo und th ereby so lo ng as pri nciple purposes of th is Agree men t rema in enf orceab le. 25. COMPUTATION OF TIME In computing any peri od of ti me prescribe d in this Ag reeme nt, the day of the act, eve nt or defa ult from w hich the desig nated period of tim e begins to run , shall not be incl ud ed . T he last day of the perio d sha ll be included unl ess it is a Sa turd ay, Sun day or legal ho liday, in which event th e per iod sha ll run until the end of th e next day w hich is not a Saturday, Sun day or lega l holiday. 26. MODIFICATION OF AGREEMENT A modificati on or waiver of any of the provisi ons of this Ag reemen t shall be effecti ve only if m ade in writing and executed wi th the sa me fo rma lity as this Agree ment. 27. CONTRACTUAL SERVICES In the event thi s Ag re ement is for a "contractu al se rvice" as defi ned by §287.0 12, Fl orid a Statutes, as the same ma y be ame nde d from tim e to tim e, th en all applica bl e provis ion s of Ch apter 28 7, Florid a Statut es shall apply. 28. PUBLIC RECORDS The Ci ty and Develo per sha ll allow public access to all doc um ents, papers, letters, or other material subj ect to the provi sions of Cha pter 11 9, Fl orid a Statu tes, and made or received by the City in conjunction wi th this Ag reeme nt. IN WITNESS WHEREOF , intending t o be lega ll y bo und hereby, the pa rties execute th is Agree ment. City of Atlantic Beach Attest: By: __________________________ ___ By: __________________________ ___ Printed Name:------------Pri nted Name :------------ T itle:---------------Title:--------------- Date:---------------Date:--------------- MA w ith COAB -AB P/AB CC FINAL (04 -21-14-) Page 6 Atlantic Beach Partners, LLC Attest: A GENDA ITEM f/ 6J\ JU NE 9, 20 14 By : By : ________________________ ___ Printed Name : Pr in ted Nam e:------------ Title : Title :-------------- Dat e: Date:--------------- Atlantic Beach Country Club Owners Attest: Association, Inc. By : By:-------------------- Printed Name : Printed Name : ----------- Title : Title:-------------- Da te: Date :-------------- MA with COAB-ABP/ABCC FINAL (04-21-14) Page 7 EXHIBIT "A" (City of Atlantic Beach) PROPERTY LOCATION MA with COAB-ABP/ABCC FI NAL (04-21 -14) AGENDA ITEM II 6A JUN E9,20 14 Page 8 ~-_;:·n··-··· .. ·-:·."·· -· ,.,-.... ---~-~, ~1\'211" ~130.00' l •10C.80' CB=W7"4lTII>VI CH=IG1.W jExhib ltA I HANDICAP RAI ADASTANDAR > 0 '--m cz zo :n> '¢--_, N:;5 ==~ """"" 0\ > AGENDA ITEM# 6A JUNE 9, 2014 RESOLUTION NO. 14-06 AGENDA ITEM# 6A JUNE 9, 2014 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT BETWEEN THE CITY OF ATLANTIC BEACH AND THE ATLANTIC BEACH COUNTRY CLUB DEVELOPMENT REGARDING MAINTENANCE OF A WOODEN BRIDGE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 26, 2013, the City approved the Ordinance granting the Special Planned Area designation for the Atlantic Beach Country Club to be developed by the Atlantic Beach Partners, LLC; and WHEREAS, Atlantic Beach Pminers proposed to install a wooden bridge across Sherman's Creek in the City Right of Way to connect the Country Club area to the residential area of the Atlantic Beach Country Club to maintain landscaped areas on Atlantic Boulevard and portions of Mayport Road; and WHEREAS, the City desires the Atlantic Beach Partners and Atlantic Beach Country Club to maintain the wooden bridge across She1man' s Creek in the City Right of Way in perpetuity; and WHEREAS, the areas to be maintained by the Atlantic Beach Partners and Atlantic Beach Country Club are identified in Attachment "A" of the base agreement. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Manager is hereby authorized to execute the Agreement for Maintenance with the Atlantic Beach Country Club and any related documents on behalf of the City of Atlantic Beach. SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 9th day of June, 2014. Approved as to form and correctness: Richard Komando, ESQUIRE City Attorney ATTEST: DONNA L. BARTLE, CMC City Clerk Carolyn Woods Mayor CITY OF ATLANTIC BEACH C ITY COMMISSION MEETING ST AJ?F REPORT AGENDA ITEM /17A JUN I·: 9, 20 14 AGENDA ITEM: Ordina nce No. 5-14-61: A m end in g C hapte1· 2 of the C ode of Ot·dinanccs, A dminis tration, Article II, C ity C ommission, Sec. 2-16, Tim e and Place of Regular meetings, to provide for two reg ul ar mee tings. SUBMITTED BY: Nelso n VanLiere, City Manager ~ Donna L. Barile, City C lerk ,A f7jJ DATE: May 19 ,2014 BACKGROUND: At th e May 12, 2 014 meeting, th e Cit y Co mmi ss ion di sc us se d pr o po se d Ord inance No. 5-14-61 a nd dec ided to defe r acti on in order to give Sta ff the opport un ity to present addit io nal op ti ons. The Staff and the Comm ission nee d to work together to produ ce an agenda that is bot h in fo r mative to the pub lic and a ll ows fo r bus in ess to be e flic ie ntly carri ed on month to month . It is c lea r th at giving ample time for the public to we igh in on im po rtant iss ues is a pri o ri ty in Atlant ic Beach. As a result of dis cuss io n from th e prev ious meetin gs , Staff has com e up with a bett er way to mee t bo th needs. Upon approv al of the atta ched ord in ance, Sta ff ca n prepare age ndas th at en s ure it ems of signific ant imp ortance arc di sc ussed thorough ly and that tho se of a rou tin e nature can move forward . To ass is t in und ersta ndin g how the pre paration of th e age nd a wi ll work, we hav e c re ated an outli ne att ac hed ca ll ed: Agenda P r e pal'ation G uidelines. Th is chart in dicates how each type of item is to be cons id ered in th e comp il ation of th e age nd a. Upo n examination of the gu id elines, yo u can se c th at mos t items, with th e ex ceptio n of Action on Ordinances a nd Miscellaneous Business item s wou ld appear onl y once. Ordinan ces represent the crea ti on of le gislation an d are req uired to be hea rd mo re than once. Miscell aneo us Bu siness it e ms re prese n t a va ri e ty of ite ms with va rying sign ifi ca nce from agend a to agend a. In thi s M iscellan eou s Business sec ti o n of the age nd a is where we prop ose to give spe c ial a tt ention. He ms that a re routin e in natu re wou ld be found on the Consent Agenda. Wh en p lacing ite ms on th e age nda und er M iscell a n eo u s B u s iness, t he opt ions would be to e ith er schedu le for one meetin g or sched ul e fo r two mee tin gs . Und er e ith e r op ti on, th e Co mmi ssio n cou ld dec id e to defer the ite m to a fu ture meeting or t o a wo rkshop. S taff wo ul d ens ur e that spec ial cons id eration would be giv en to any it ems that may aff ect the ci tize ns di rec tl y, or th at may be uniqu e, of large doll ar am ount s, or it ems kno wn to be co ntrov e rs ial. T he se items may in c lud e thing s th at affect ne igh borhood s or special int eres t group s . Wh en an it em is dee med to be of signi fi cant importance, Staff wou ld include it on th e agenda as a di scussio n it em on the in iti al meeting and as a n action ite m on a subsequent meeting, i.e., l arge fir st tim e con tra cts or consh·u ction proj ects in a nei g hborho od. Howeve r, if the Co mmi ss ion beli eves more lime o r inform ati on is needed , they a lways have the op ti o n to defer the item to a future meetin g or schedu le a specia l works hop. T hi s system wo uld be flex ible and productive, whi le still holdin g everythin g that is of any s ignifi can t in te re st to a parti cul ar group over for a seco nd meetin g. For BUDGET: AGENDA ITEM# 7A JUNE 9, 2014 example, an award of an annual contract for concrete repairs is operational and would be on the Consent Agenda, passing with one meeting; while a sidewalk down ABC Street would be a Miscellaneous Business item scheduled for two meetings, since the sidewalk project directly affects residents and they need to know about it and have a chance to weigh in. Staff will also implement the revised deadlines discussed in the previous meeting to allow the Commissioners and the public an extra five to seven (5-7) days with the agenda before the meeting to allow for input and questions to be answered. This extra time will prove significant for those involved in preparations for a meeting. Also, as a result of the comments made at the last meeting, Staff has amended the proposed ordinance to reflect the original meeting time as 6:30p.m. No budget impact. RECOMMENDATION: Approve Ordinance No. 5-14-61. ATTACHMENTS: Staff Rep01i dated April 18, 2014 Agenda Preparation Guideline Chmi Ordinance No. 5-14-61 C ITY Oli' ATLANTIC BEACII C ITY COMM ISS ION M~I~TING STA FF IU~POI~T 1\GEND/\ IT~M 11 7A JUNE 9, 2014 AGl!:NDA ITEM: Ordinnncc No. 5-14-6 1: Amending Chapter 2 of th e Code uf OrdinmH.:cs, Admini strnt ion, Article If, Ci ty Co mm i ss ion, Sec. 2-l o, Time und Plu cc of Reg ular meetings, to provide for two regular meet ings. SUIJMITTI~O BY NL!Ison Vnn Li<.:rc, City Mnnug<.:r c..:_.C __ I>ATI!:: A pr il 18,20 14 IJACKGROUNI>: On April 8111 , 20 13 , th e Ci ty Co mmi ss ion ;~ppro vcd Onlitw11 cc No. 5-13-58 nm en clin g th e Code to repla ce one of th e two sched uled meetings per month with It workshop . Thi s wm; done us a tritt l to ndd rc ss complaint s fi ·om th e publi c thn t there WHS 1101 cmJugh lim<.: for cit ize n input on thu11 ge ndn item s bclhre u vote. 13y workshopping th e upeoming ugcnd u, citizens hav e more tim e and opportunity to be hcurd on all items bcforc a vote is cns t. StniT has worked very lwrd to mn ke the tmn sitio n into th e on e meeting u month seh ctlu l ~ success f'ul. llowcvcr, implcrn cntntion o f' this new sched ul e ha s been extremely eli l'ficull lor stn f'f. Aller cnrcf'ul co nsidcrnt ion, we believe we have come up with an altcmativc that will address everyon e's co ncc m s. Be low is n li s f of unintended consequences thnf have been n challenge tn st11fl' since the inception of a on e meeting per mon t h schedule. I. The ngendns nrc roughl y t wice th e size. This by it sc i r would not seem to he nn i ssue. Plcns~ co nsid er thn t each it em is irnportunt nnd i s th e resu lt of stair's hard work. The cnt ire ngc ndo mu st be ind exed nncl pnginatcd, co pi ed and bound, scunncd und upl oade d, distributed and linl<ecl to web pa ges. 2. .Meetings me twice m: long. A direct result or th e leng th y agenda is th nt th e mee ti ngs tnk e twice as long beca use the re arc t wice as many it ems to discuss. 3. I llC hurcnuora cy add ed to th e {tllJ1J:Q..VU I process slows th e npprovul or routine item s dow 11. For man y import nnt items, we recog ni ze it i s important l o sl ow down und hcn r comme nt s more thnn once. Routine items , ho wever: ;-~re hel d up in thl: sn mc timdinc und nrc nt•l nblc to movu fbr wu rd despite little or no comrncnts fi·om th e dtizcns. Co nse nt items tnke only a lew minut es tu pu ss in th o me eting, hut 11 full three to four weeks to go throu gh th e entire upprovu l process. 4. Staff Jl!:£11Hrnlio n seemingl y never end :;. As staff' prepares for Com m iss ion m eeti ngs, we Wl'itc proposa l s an<lrescnrch u tremcndow; amo unt of inl i.l t'lllntion in prcpnrntion t<Jr th e mee tin g. It ems of routine nuturc arc di sc ussed tw ice , mo re important i tems four time~ ond some times, i r d efcrrcd or jS th e result or un initial proposa l that l ed to th e ucti on, the ngc ndu it.cm mny need to be li·csh in our minds for six \.vecks ns new it ems Hccumulatc. W e need t o be nblo to luke uction und move forwnl'd. 5. Every Agendu has been umcndcd. Since th e in ce pti on or the on<.: m ee tin g schedu l e, we hav e had nun1 crous spe cia l cu ll ed mee tin gs nnd every work~hoppcd ngcndu ha s bct:n nmcndcd . As sturf tries to mnkc progress on projects or cn ntmc ts, we sit nncl wnit th ro ugh long worksh ops where no ucti on cm t b e t ake n, th ere wns no disc ussio n or co mm ents ~ltld }'Cl we mu st wait unothcr two w~cks for nn upprovu l. AGENDA ITEM # 7 A JUNE 9, 2014 6. Ordinances require an additional month for approval. Ordinances set policy and require two meetings to approve. This is by design a method of seeking additional public input. 7. Workshop format places the Commissioners on the floor for round table discussions. This helps, but almost every meeting there is a special called meeting. This requires the cameras to be arranged differently and the sound system is not as good due to the failure of Commissioners to speak into the mic. We have had numerous complaints about the citizens not being able to hear the Commissioners when they are seated in the workshop format. The public gets confused about whether they are going to get action on an item or not. Staff is unsure in some cases whether the invited speakers should come to a workshop, Commission meeting or both. 8. Fear of missing an agenda deadline is real. Staff strives very hard to meet deadlines. With only one meeting, the consequences of missing an agenda deadline means either waiting another month for approval or requires that a special called meeting be scheduled. 9. The meeting of most importance to the citizen is the workshop. This is where the discussion takes place and this is the meeting the Commissioners need to be best prepared for. The agenda is received two to three business days ahead of the workshop. Of course they can prepare over the weekend and have four or five days max. This gives commissioners only a few days to meet with staff to get questions answered and we are busy getting ready for the meeting too. Solution: The solution being proposed is to return to two regular meetings a month, move the agenda deadline up to allow for publicizing the agenda a minimum of 10 days prior to the meetings, and start the meetings 30 minutes earlier. Below are the reasons this approach would work in reference to each of the above items. • Items 1 and 2 are addressed because the meetings will occur more often, each agenda is smaller and therefore the meetings will be shorter. Also, returning to a starting time for the meetings of 6:00 p.m. would allow staff and citizens to at least get out 30 minutes earlier. Thirty minutes may not seem like a big difference but for those who have to be at work at 8:00 a.m. the next morning, it does make a difference. • Item 3 -Consultant presentations or interviews of selected persons for contracts can be approved in the same night, if desired. The option to defer has always been available. • Items 3 and 4 -Items of a routine nature can be approved twice a month, allowing staff to get projects started and allowing us to react and respond quicker to citizen requests. • Item 5 -Staff can prepare the reports for approval, attend a meeting and move forward to the next project. The constant preparation and attendance at long meetings for items on the agenda that pass with no discussion is a waste of everyone's time. • Item 5 -The number of amended agendas will be greatly reduced. The number of versions of agendas floating around is becoming ridiculous. The Clerk has to wait until the last minute to publish the agenda to make sure all the amended portions are included. • Item 6 -Items of significance deserve either a deferral for more discussion, a public hearing and or a second reading. Ordinances are policy setting legislation and as such require two meetings to pass. Significant/complicated items, such as /\GENOA ITEM 117A JUNE.9, 20 14 th e llumnn Right s Ordinance, may be discussed inn sepurntc workshop. This ha s nlways been an option . o Item 7 ~All meetings cnn take place in the lonn a! sctti t1 g with th e exception of the workshops cn lled to discuss chosen items o f significa nce. The quality or the v ideo will be better l or the viewi ng public ancl the professionalism will be cnhunccd. Workshop settings sho uld be for i nformal discuss ions of n limited number ol'topics. o Item 8 -The lear of missing u meeting deadlino will be grea tl y reduced when there will he nnothcr meeting within u few weeks. 11 Item 9 -The c hun gc to th e agenda procc!-:s will allow Commissioners, s tun: citizens and the press In receive the Hgcndn nt lens! l 0 days in ndvanec or the meeting. T his will allo\>v Commissioners two weekends to review nnd umplc time to talk with c itize ns nnd get with staff. It will allow st nfr to rcse nreh and un swcr ndditionul concerns or ci tizens nO cr rcuding the reports . The ngendn will he puhlishctlior the public t o n:vicw nnd st niTis uvni l ahlc to ndclress concerns before th e meeting lor over a week . It will allow th e pres:-; to publish information nboul items of iotcr cst prior tn th e meeting. This will l ead tn n better informed public nnd Comrn i ss i(lll and in turn l ea d to bett er dec i sion making. Keep in lllind that we hove implemented other procedures to c nhnncc communications with th e cit i zen:-; since the one m ee ting schcdulc wns implemented. We nrc no w v idcotuping m cuting:-; unci providing el cctrnnic ugcndns fllr commissioners to usc on city provided i Puds. Munagcment now cncourngcs commiss i oners to directly seck nnswcr s ll·om sta!'f if needed. This enhance..-: th e response time when ga thering infonnntion l or mt.:ulin g prcpnmtionA. BUDCF.T: No budget itnpnct. RECOMMIO:NOATION: Approve Ordimmcc No. 5-14 -6 1 ATTACIIMI~NTS: Ordinance No. 5-14 -6 1 I IU~VIEWICI> BY C ITY MANAGER:~rl c.q{, / Item Approval of Minutes Approval of Minutes Courtesy of the Floo r to Visitors Courtesy of the Floor Presentation Pr oc lam at ion Unfinished Business CM Fo llow-u p Report Consent Agenda Monthly Reports Qu art e rly Report Annual Report Written Report on a specific project Declare Prope rty Su rplus A pp rove Ca lendar Awa rd initia l co ntract contrac t for Bid Award RFP Extend Contract when a llowed for in the curre nt terms. Committee Reports Committee Report Action on Resolut ions Resolution Action on Ordina nces Ordinance M isce llaneous Business Use -by-Exception Wa iver A pprova l of Contract with sign ificant i mportance a nd value Appointment of members to a stan ding Board o r Committee Estab lishing an Ad Hoc Co mmit t ee, then a_ppo inting its members City Manager City Manager Report Reports and/or Requests from City Commissioners and City Att orney Announceme nts Agenda Preparation Guidelines Purpose Requires Special Advertising Action No Inform atio na l-No Action No Informat io nal-No Action No Ceremonial-No Action No Informational-No Action No Acknowledge Receipt No Acknowledge Receipt No Acknowledge Receipt No Ac kn owledge Receipt No Action No Action No Ac tio n No Action No Acti on No Informational No Ac tio n *No Actio n Yes Action Yes Action Yes Action No Action No Actio n No In formational No In formationa l No Requires a Public Hearing for CC meeting? No No No No No No No No No No No No No No No No *Yes Ye s Yes No No No No No AGENDA ITEM //7A JUN E 9, 2014 Standard# of times needed on the agenda 1 N/A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 2 1 2 1 N/A Agenda Preparation Guidelines *Exceptions: AGENDA ITEM# 7 A JUNE 9, 2014 1. Ordinances and Resolutions to set the annual operating budget and millage rate require special advertising and two public hearings. 2. Changes in Zoning District Classifications, Special Planned Areas (SPA's), changes to Land Development Regulations and Comprehensive Plan Amendments require one public hearing at the Community Development Board (CDB) meeting so the CDB can make a recommendation to the Commission. They also require two public hearings at City Commission meetings. Notes: Variances are handled through the Community Development Board {CDB) and require a Public Hearing. No Commission action is needed. Use-by-exceptions are heard by the Community Development Board (CDB) for a recommendation, then to the Commission. Any agenda Item that requires action and does not have written information in the initial packet, will most likely require an additional meeting in order to provide advance notice of the details and to allow time for citizen input. ORDINANCE 5-14-61 AGENDA ITEM# 7A JUNE 9, 2014 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR DECEMBER AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: Sec.2-16 ofthe Code of Ordinances ofthe City of Atlantic Beach, Florida, is hereby amended to read as follows: (a) The FeQl:llar meetings of the city commission shall be held on the second Monday of each mGfltR.:. (b) Schedl:lled •Norkshops of the city commission shall be held as follows: (1) In the months ofJanl:lary throl:lgh No•Jember, on the fol:lrth Monday of the month. (2) In the month of December, on the third Monday of the month. (G) All regl:llar meetings and sohedl:lled workshops of the city commission shall be held in city hall at6:30 p.m. (d) If the second or fol:lrth Monday falls on a holiday, the regl:llar meeting or schedl:lled •Nork.shop shall be held on Tl:lesday immediately follo•Ning the holiday. Sec.2-16 Time and place of Regular meetings. The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in city hall, at 6:30 p.m. If the second or fourth Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. SECTION 2. This ordinance shall take effect immediately upon its final passage and adoption. PAS SED by the City Commission on first reading this __ day of __ _ PASS ED by the City Commission on this second and final reading this __ day of __ . ATTEST: Donna L. Bartle, CMC City Clerk Approved as to form and correctness: Rich Komando City Attorney Carolyn Woods Mayor, Presiding Officer AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEAC H CITY COMMISSION MEETING STAFF REPORT AGENDA IT EM# 7B JUNE 9, 20 14 Proposed Ordinance 80-14-85 for Estab li shing Reclaimed Water Rates Nel son VanLiere, City Manager . Donna Kalu zniak, Utility Direct~ May 19,20 14 STRATEGIC PLAN LINK: Go lf Co urse BACKGROUND: The Atlantic B each C ountry C lub, including the residential d evelopment is cunentl y und er cons tru cti on . T he C ity is also constructin g the recl aimed water faciliti es to serve the golf co urse a nd new development. The City will be providing recla imed water to both the gol f course a nd to res id e nces for irrigati o n. Attached is a s um mary and proposed Ordinance No. 80-14-85 for R eclaimed Water Rates, w hich will need to be in place soon. Th e r eu s e of reclaimed water has both enviromn en ta1 and regulatory benefi ts. It offsets the usc of potable water, redu c ing th e amou nt of g ro undwater pumped from the Floridian Aquifer. At the same time, the W ater Management Di s tricts are concerned about M inimum Flows and Levels al area lakes, spri ngs and rivers. Utilities are bei n g encouraged to i ncrease the u sc of reclaimed water. In the C ity's case, our Consumptive Usc Pennit r equires the City to prov ide recl aimed water to the new development and golf co urse. In add ition, the St. John s Rive r Wa ter Manage ment D istrict provi ded $442,000 in g ra nt funding towa rds construction of the Recl a imed W ater Faci li ties project. Per a s tudy by the American Water Works Association, reclaimed water rates are typicall y s et lower than the full cost of ser vice. Potable wa ter is less expensive to produ ce th a n reclaimed water, though of higher quality. Ch arging users th e same or more for reclaimed water th an for potabl e water would dis courage its u se. T he refore, the majority ofuti1i ti es base th e ir reclaimed r ates on a m arket value that is less th an th e potable rate. This valu e a lso takes in to cons ideratio n th e envi ro nm ental a nd regu latory b e nefits of e ncouraging the u se of reclaimed water. The proposed rates are s imilar to the c mTc nt Atlanti c Beach wate r ra tes in severa l ways. T hey both have a b ase ch arge a nd a volume cha rge based on metered con s umption. There are a lso separate ra tes for residen t ia l and co mmercia l cu stomers. Th is recla imed water rate adds a third category; bulk c us tomers. Thi s is s imil ar to th e rate fo r r euse water establi shed by J EA and C lay County. A s wnmary of recl aimed water rates from bo th of th ese uti liti es is a tta ch ed. Fo r the proposed residentia l and comme rcial rates, th e base charge per m o nth is based o n meter s ize a nd is proposed to be the same th at th e C ity c urrently charges for potable water sa les. T he vo lu me rate is proposed as a c h arge of $1.49 per thous and ga ll o ns. This is ca lcul a ted to be t wo-thir d s oft h e AGEN I)A IT I3M /17 13 JUNE 9, 2014 cost of potab le water for an average 12,000 gall on per month in·igati o n customer. (The 12 ,0 00 ga ll on per month figure was obtained by averagi ng the co nsumpt ion of irrigation meters in Selva Lakes and Selva Link side, which are most si mil ar in size and nature to tbe lots proposed for the new deve lo pm ent). T he proposed bulk rate of$0.30 per th ousa nd ga ll ons is based on th e average ofthe Clay Co unty Utility Authority and J EA rates. These two utili ties wo uld represent the market va lu e for bul k reclaimed water in our area . Statewide Comparison Acco rding th e Florida Depattment of Enviro nmental Protection's (DE P's) 2013 Reuse Inventory, a tota l of70 utilities in the state do no t charge theiJ' reclaimed customers any fee. Of th e 133 utilities th at ch arge re sid en ti al cus tomers, the average charge per thousand gall ons is $1.15, with a ra nge of $0 .1 2 to $9 .36. The 227 utilities that charge bul k rate fees average $0.82 per tho usand ga ll ons, wi th a rangeof$0.1 0 to $3 .1 4 BUDGET: As the 180 homes are constntctcd, th e Ci ty will begin receiving water and sewer imp act fees as we ll as revenues from th e reclaimed water system . Impact fees will total $934,200. Annu al revenues from the new rec laimed fees arc est imated at $58,000 per yea r. REC OMMEND AT IONS : Place the Ordi nance No. 80-14-85 on the June 9, 20 14 meeting for Intro d ucti on a nd Firs t Rea din g. ATTACHMENTS: l. 2. 3. Proposed Ord inan ce 80-14-85 Spreadsheet of Proposed Reclaimed Water Rates S preads heet of J EA and CCUA Reclaimed Water Rates R EV I EWE D BY CITY MANAGER: :zt, Y/&..ez .?'t.e-< , I 2 ORDINANCE NO. 80-14-85 AGENDA ITEM# 7B JUNE 9, 2014 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, RECLAIMED WATER SYSTEM, ADDING SECTION 22-365 CHARGES FOR RECLAIMED WATER SERVICE, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is constructing a Reclaimed Water Facility and will be providing reclaimed water service to residential, commercial and bulk customers. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; SECTION I. Chapter 22 Utilities, of the Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended to read as follows: Article IV, Reclaimed Water System: Sec. 22-365. Charges for reclaimed water service. The reasonable rates, rentals, fees and other charges for the use of the services and facilities of the city reclaimed water system are hereby found and determined to be and are hereby fixed and established as follows: (1) Monthly Reclaimed Water base facility charges for customers inside the City: A monthly reclaimed water base facility charge will be levied upon each connection in accordance with the following: Residential All residential customers $8.97 Reclaimed water base facility charges for the commercial classifications are based upon the meter size and they will become effective as follows: Meter Size in Inches 5/8 or 3/4 $8.97 1 $11.22 11/z $22.43 2 $35.85 3 $71.73 4 $112.08 6 $224.17 8 $358.67 (2) Schedule of reclaimed water volume charges for customers inside the city: AGENDA ITEM# 7B JUNE9, 2014 a. Residential and Commercial Units. There are hereby-established volume charges for residential and commercial properties as follow: Residential, Cost per 1,000 gallons Commercial, Cost per 1,000 gallons $1.49 $1.49 b. Schedule of reclaimed water bulk rate charges for large users with minimum meter size of 4-inches. Meter size shall be based a Minimum Adjusted Average Daily Flow of 15% of the "Safe Maximum Operating Capacity" of Class II Turbine Meters as specified in A WW A Standard C70 1. There is hereby-established a volume charge for all large users: Bulk Rate, Cost per 1,000 gallons $0.30 (3) Customers outside the city. The rates applicable to customers outside of the city shall be one and one-quarter (1.25) times the rates above. SECTION 2. Severability If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 3. Effective Date This Ordinance shall take effect upon its final passage and adoption. Passed by the City Commission on first reading this_ Day of ____ 2014. Passed by the City Commission on second and final reading this _ Day of ____ 2014. Carolyn Woods Mayor I Presiding Officer Approved as to form and correctness: Rich Komando, Esquire City Attomey ATTEST: Donna L. Bartle, CMC City Clerk Proposed Atlantic Beach Reclaimed Water Rates Residential Commercial Base Charge Meter Size, Inches Amount Meter Size, Inches 3/4 $8.97 3/4 1 $8.97 1 1.5 $8.97 1.5 2 $8.97 2 3 $8.97 3 4 6 8 Volume Charges per 1,000 gallons Volume Cost/1000 gallons Volume All kgal $1.49 All kgal Bulk Rate Volume All kgal 5/14/2014 Amount $8.97 $11.22 $22.43 $35.85 $71.73 $112.08 $224.17 $358.67 Cost/1000 gallons $1.49 Cost/1000 gallons $0.30 AGENDA ITEM# 7B JUNE 9, 2014 JEA Reclaimed Water Rates as of 11/22/12 November-12 Residential Commercial Base Charge: Meter Size Amount Meter Size 3/4" $18.90 3/4" 1" $31.50 1" 1.5" $63.00 1.5" 2" $100.80 2" 3" $201.60 3" 4" 6" 8" Volume Charges per 1,000 gallons Volume Cost/1000 gals. Volume 1-14 kgal $2.60 1-14 kgal > 14 kgal $5.60 > 14 kgal Bulk Rate Volume All kgal* All kgal** Amount $31.50 $63.00 $100.80 $201.60 $315.00 $630.00 $1,008.00 Cost/1000 gals. $3.44 $3.96 Cost/1000 gals. $0.14 $0.28 *Customers who are forgoing groundwater withdrawal from SJRWMD **All other bulk customers I I Clay County Utility Authority Reclaimed Water Rates as of October-12 Residential Commercial Base Charge: Meter Size Amount Meter Size Amount 3/4" $14.69 3/4" $14.69 1" $36.72 1" $36.72 1.5" $73.45 1.5" $73.45 2" $117.51 2" $117.51 3" $235.03 3" $235.03 4" $367.23 6" $734.46 8" $1,175.14 Volume Charges per 1,000 gallons Volume Cost/1000 Volume Cost/1000 gals. 1-15 kgal $0.57 1-15 kgal $0.57 16-20 kgal $1.13 16-20 kgal $1.13 > 20 kgal $1.70 > 20 kgal $1.70 Wholesale Rate: Volume Cost/1000 gals. All kgal $0.32 6 '""'2 ct:l ~>- 'D ...... • --3 tv til 8~ ~* -.J to CITY OF ATLANTIC BE ACH C lTY COMMI SSION MEETING STAF F REPORT AGE NDA IT EM: Detector Chec ks for Fire Line Meterin g Pro posed Ord in ance No . 80-14-86 SU BMITTED BY: Do nn a Ka luzni ak, Utilit y Direc tot@ DAT E: May 19,20 14 STRATEGl C PLAN LI NK: No ne A G~NDA ITEM II 7C JUNI~ 9, 20 14 BACK GROUND: In 20 05, as part of th e Cit y's Wa ter Los s Preve nti on Progra m, staff reco mmend ed and th e Co mmi ss ion approved an Ordin a11ce requiri ng ful1 meterin g of new fir e servic e lin es. Fire ser vice lines are indivi dua l wa ter services th at are used stri ctl y for fi re s prink ler sys tems o r for private fir e hydra nt s. Typi ca ll y, th ey wo ul d onl y be used duri ng a fire, o r whil e tes tin g or repai rin g th e fi re spri nk ler sys tem or hyd ra nt s for prope r fun cti on. Staff was co ncemcd th at wa ter Joss mi ght be occurrin g through th ese lin es , whi ch we re no t required to be metered. However, since enac tin g th e Ordin ance, staff has not see n an y une xplain ed water usage. In stall ati on of a full meter on a fir e lin e is ve ry ex pensive for bu sin esses. These lin es are typi call y 6-inc hes or more in di ameter. The cost of th e meter, and co nst ru ct ion of a meter va ult , bypas s lin es, etc. ca n cos t $14,00 0 to $2 0,000. To redu ce th e burd en on bu siness es, staff wo ul d like to revise th e ordin ance to requi re th e in stall ati on of detecto r check mete rs on fir e lin es ins tead . T hese are small meters th at are in sta lled o n a bypa ss on th e fir e service lin e. Th e met er will reg ister th at fl o w has occurred, bu t will n ot indicate th e full fl ow through the line. Th e City can monitor wheth er fl ow has occun·cd, a nd require verifi cat ion th at th e fl ow was for a fir e or fir e I i ne test. If verifi ca ti on is not provid ed, th e City ca n th en requi re th e owne r to in sta ll a full fire lin e mete r. BUDGET : T he City does n ot rely on nor an ti cip ate reven ue from th is se rvi ce and therefore th ere is no bud get imp ac t. RECOMMEND ATION: Approve Introd uct ion and F irst Re ading of Ordin ance 80-l 4 -86 rcquiiing detector c heck meters on fi re se rv ice lin es in stea d of fu ll meters. ATTACHM ENT S : l . Ordin ance No. 80-14-86 REVlEWED BY CITY MANAGER: ---n V~ d~ ORDINANCE NO. 80-14-86 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, AMENDING SECTION 22-30, PRIVATE FIRE PROTECTION SERVICE TO PROVIDE METHOD OF MONITORING FIRE LINE USAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. AGENDA ITEM# 7C JUNE 9, 2014 WHEREAS, the City has encouraged water conservation using several methods to include public education and implementing restructured inclining block water rates, and; WHEREAS, loss of water may occur from unmetered fire lines through leaks, improper connections, or misuse, and; WHEREAS, it is important to be aware of and measure all uses of water to the extent possible, and; WHEREAS, in the current code there is a requirement that fire protection services on new facilities be metered. WHEREAS, use of a detector check meter will be less burdensome on businesses while allowing the City to check for unusual water use through the fire service line. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; Section I. Chapter 22 Utilities, of the Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended to read as follows: Sec. 22-30. Private fire protection service. Fire protection service charges shall be billed the monthly water base rate for a %" meter. Fire protection service, either private hydrants or sprinkler systems, shall be installed from the connection to_the main inward at the expense of the consumer. All such installations shall be made in strict accordance with the rules of the American Insurance Association in force at the date of installation and with such requirements as may be prescribed by the city manager. No taps will be allowed which may be used for other than fire protection purposes, and unless pursuant to special permit from the city manager, there shall be no connection with any other source of water except in case a storage tank or fire pump is installed as a secondary supply for such fire protection. Fire protection services on new facilities shall be metered have a detector check meter installed on the fire line. Customers with existing fire protection services will be required to install a detector check meter on the fire line. No water volume charge shall be made for water used while fighting a fire or testing the fire sprinkler system; however, evidence with documentation of such fire fighting or equipment testing may be required by the AGENDA ITEM# 7C JUNE 9, 2014 city. Water used for other than fire fighting or testing of the sprinkler system will be charged the normal volume rate and the base charge appropriate for the size of meter, and the city may require the customer to install an appropriately sized meter on the fire service line. SECTION 2. Severability If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 3. Effective Date This Ordinance shall take effect upon its final passage and adoption. Passed by the City Commission on first reading this __ Day of ____ 2014. Passed by the City Commission on this second and final reading this __ Day of ___ 2014. Carolyn Woods Mayor I Presiding Officer Approved as to form and correctness: Rich Komando, Esquire City Attorney ATTEST: Donna L. Bartle, CMC City Clerk CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGEN DA ITEM: Budget Ordinance# 20-1 4-1 27 AN ORDINANC E AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FIS CA L YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014, AND PROVIDING AN EFFECTIVE DAT E. SUBMITTED BY: Nelson Van Liere, Ci ty Manager DATE: May 15,20 14 /\GEN OA ITEM II 70 JUN 8 9, 2014 BACKGROUND: Thi s proposed ordina nce wi ll accomp li sh a number of budget adjustment s to address previ ously discusse d exp enditures and gran t awards that were not included in the or igi nal budget: • Debt Service Fund closu re and tran sfer unu se d fund s of -$2,500 to the General Fund , up on payoff of th e 1999 Sun Trust Revenue Refunding Bond; • In creased net expenses of $52,500 in th e administrative divisions of the Genera l Fund f or se verance payment s rela ted to th e te rmin ati on of the prior Cit y Manager and City Attorney and hir ing a sea rch firm to ass ist with a permanent repl acements, offset by the sav ings associate d wi th th e vaca ncy created in the F in ance Department resu ltin g from ass ignment of th e Finance Directo r as the in te rim City Manager; • Aid to th e Fri end s of Atl an tic Beach Eleme nt ary (FABE) o f $14,65 0 to ass ist with the resurfacing of the t rack at the e leme nt ary sc hoo l; • Gra nt award/con tra ct adjustments of increa sed net revenues for th e CDBG grant of $65,263, reduced revenues of $5,220 from the FDEP ADA ped /bik e path gran t award because eli gibl e expen ses were less than ant icip ated; and , in crease d g rant revenues of $116,250 from a FE MA Ha zard Mit igation award for th e Donner Subdivi sio n sewe r up grades; • Approva l of a $24,000 co ntrac t fo r CRA to perform a site feasibility study for a new Police building ; • Co ntr act extensio n app rova l w ith Advanced Di sposal Serv ices for sanitation se rvices , effec tive Jun e 1, with in creased comme rcia l tippage charges for the remai nd er of fi sca l year 20 14 of $50,000; and , • General Employee's Retirement Plan ex pense increa se of $80,000 for six emplo yees exercising th eir Deferred Retirement Optio n Plan (D ROP) ben efit opti on. BUDGET: The budget it ems above increase revenues and expe nses$ 179,883 and $224,745 re s pectively, with an overa ll red uction in fund ba lances of $44,862. RECOMMENDATION: Approve Ordin ance #20-14-12 7 ATTACHMENTS: Ordina11 ce # 20-14-127 REVIEWED BY CITY MANAGER: :::zt ?-"'~ dth:.,£ ORDINANCE NO. 20-14-127 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 # 7D JUNE 9, 2014 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 of budgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time, and WHEREAS, the City paid off the 1999 SunTrust Revenue Refunding Bond and is returning unused funds from the closed out Debt Service Fund to the General Fund, and WHEREAS, the City is amending the Operating Budget to add net funds totaling $52,500 for the increase in expenses in the administrative divisions of the General Fund for the termination and severance payments of the prior City Manager and City Attorney and a search firm to assist with replacing the City Manager, offset by a salary reduction associated with a vacancy in the Finance Department as a result of the assignment of the Finance Director as interim City Manager, and WHEREAS, the City has agreed to assist the Friends of Atlantic Beach Elementary (FABE) with their request for $14,650 of funding to resurface the running track at Atlantic Beach Elementary School, and WHEREAS, various grants were awarded or agreements executed subsequent to adoption of the Original budget, CDBG grant adjustments result in a net increase of revenues of $65,263; the FDEP ADA pedestrian/bike path grant revenues are being reduced $5,220 to reflect a reduction in eligible expense reimbursement; and, Utilities Fund revenues are being increased $116,250 for the Hazard Mitigation grant award from FEMA for the Donner Subdivision sewer upgrades, and WHEREAS, the City has agreed to enter into a contract with CRA to perform a site feasibility study for a new Police building, resulting in increased expenses of $24,000, and WHEREAS, the City awarded a contract extension with Advanced Disposal Services (ADS) for sanitation services, effective June 2014, additional funds of $50,000 for four months of commercial tippage are being added to the Sanitation Fund, and WHEREAS, the number of eligible employees that enter the Deferred Retirement Option Program (DROP) each year is unpredictable, the six employees exercising this option represent an additional $80,000 needed in the General Employees' Retirement Plan for DROP payments. AGENDA ITEM# 70 JUNE 9, 2014 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION UN BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2013/2014 Budget to be amended as follows: Revenues: Transfer from Debt Service Fund Expenses: Administration City Manager Salary-Special Pay Finance Salary Legal Professional Services General Government Professional Services Recreation Administration GENERAL FUND Aid to Government Agencies/Schools Total Expenses: Fund Balance $2,454 $100,000 (80,000) 22,000 10,500 14 650 $67,150 ($64,696) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND Revenues: Federal Grant-CDBG FY 2013-14 Expenses: Parks and Recreation Improvements Donner Ball Field Fund Balance Expenses: Non-Departmental Principal-SunTrust 99 Transfer to General Fund Total Expenses: Fund Balance DEBT SERVICE FUND $66,399 $1,136 $65,263 $5 2 454 $2,459 ($2,459) CAPITAL PROJECTS FUND Expenses: Police Professional Services Fund Balance CAP IMPRV -MARSH MASTER PLAN FUND Revenues: Federal Grant-DEP CM-245-ADA Ped/Bike Trail at Tideviews Preserve Fund Balance AGENDA ITEM# 7D JUNE 9, 2014 $24,000 ($24,000) ($5,220) ($5,220) PUBLIC UTILITIES-WATER AND SEWER UTILITY FUNDS COMBINED Revenues: Federal Grant-FEMA(HMGP)-4068-Donner Sub Sewer Upgrades Fund Balance: SANITATION FUND Expenses: Sanitation Other Contract Services -ADS Fund Balance: GENERAL EMPLOYEES' RETIREMENT SYSTEM FUND Expenses: DROP Payments Fund Balance 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this __ day of 2014. $116,250 $116,250 $50,000 ($50,000) $80,000 ($80,000) Passed by the City Commission on second and final reading this __ day of 2014. Carolyn Woods Mayor I Presiding Officer Approved as to form and correctness: Richard Commando City Attorney ATTEST: Donna L. Bartle, CMC City Clerk CJTY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing for UBEX-14-00100012 SUBMITTED DY: Jeremy Jlub sch d}j Redevelopment ?nd Zbning Coordina tor DATE: May 14,2014 STRATEGIC PLAN LINK: Nona AGENDA ITEM II RA JUNE 9, 2014 BACKGROUND: The proposed Use-By-Exception is requested to allow the applicant to administer, repa ir, and store taxicabs at 1840 Sou th Mea ly Street in the Li ght Industria l and Warehou sing (LIW) Zoning District. They arc required to get a Use-By-Exception according to Secti on 24-1 12 (c) (5), which requires one for, "estab li shments for heavy automot ive repair, towing service or the pennanent storage of automobiles, motorcycles, t ru cks, and tra ctors, machinery and equipment and similar uses ." The applicants sta ted in the applicat ion package that th e activi ties on site include those of a service/transportati on company serv in g Jacksonvi ll e and the Beaches. Their primary hours of operation are Monday through Fciday, 8:00 J\M to 5:00PM. However, they sta te that they are a 24/7 operation with minimal staff on duty afler 5:00 PM that includes d ispatch and call center support. The app lication slates that ''drivers wi ll come to base occas ionally in th e even in gs to change veh icles'', The compa ny current ly has 10 full time employees, in cluding dispatchers, customer service representatives, finance, and support staff, as we ll as three full tim e mechanics and a fleet manager. The cab dtivcrs are independent con tractors with a fleet that consists of 65 vehicles. The maintenance sho p is a full service shop tha i ope rates between 8:00AM and 6:00PM . They state that they will not servi ce vehicles on weekends or in the everting. Staff recommended to the Commu nit y Development Board that a cap be put on the amow1t of cars that ca n remain on site, so that it doesn't have t he ability to turn into a junkyard. The prope rty owner is s upportive o[ this co nd ition a nd th e applican ts stated a cap of 25 cars plu s emp loyee vehicles wou ld be rea so nable. The Community Development Board voted to recommend approval of th e usc-by-exc eption by a vo te of 5-0, with the condition th at a maximum 25 ve hi cles be stored on site, plus emp loyee parking. BUDGET: None. RECOMMENDATION: Approval of Usc-By-Except ion 14-00 l 00012 with the above conditions, as recommended by th e Community Development Board. ATTACHMENTS: Draft minute s of the April15, 2014 Community Developmen t Board meeting; copy ofConununi ty Development Board staff report; copy ofUBEX-14-00 1 000 12 appl icat ion . . REVJ EWED BY CITY MANAGER: _~ __ ._V._____,;;'t.-_--=~:.-:.(£.:u?:::::;.,....:i0"'----------- AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF STAFF COMMENTS CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4A UBEX~14-00100012 AGENDA 11 l~M II I!A J UNE 9, 20 111 Reques t for use-by-exception as permitte d by Section 2 4-11 2 (c)(S) to allow th e perman ent storage of au t omob iles and automotive re pair in th e Lig ht Indu s trial and Wa rehouse Zo ning Dis trict 1840 SOUTH MEALY STREET NORTHEAST TRANSPORTATION GROUP LLC APRIL 10, 2014 JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR T he proposed Use-By -Exce ption is request ed t o a ll ow t h e applica nt to a dminis t e r, r e p a ir, a nd s t or e tax icabs at 18 40 South Mea ly Street. The ap plica nt c urre ntly ope r a t es the taxi ca b co mpa ny tha t di s patch es, adminis t e r s, r e p a irs, a nd s tores th e ve hi cles o n s i te ca ll ed Coast a l Ca b. Th ey a r e r e quire d to ge t a Use-By-Excepti on a cco rding t o Section 24 -112 (c) (5), wh ich r e quires o ne for, "es ta blis hmen ts fo r heavy a u to m o tiv e r e p a ir, towing ser vice o r the perma n e nt s torage o f a utom ob il es, m o t o r cy cl es, truc ks, a nd trac to rs , m achin ery a n d e quipm e n t a nd s imila r uses." Th e a pplican ts stated in the a pplication pack age that th e activ iti es o n site in cl ude th ose o f a ser vice/tra nspo rta ti o n co mpa n y serving Jack s on vill e a n d the Beaches. Thei r prima r y bus in ess h o u rs of ope r a ti o n a re Mo nday through f'rid a y, 8:00AM to 5:00 PM . How ev e r, they s t ate th a t they a r e a 24/7 op e r a ti o n with m i nim a l s ta ff on duty a fter 5:00 PM t ha t incl udes di s patch a nd call cente r s u pport. Th e appli ca tion s tates tha t "driver s w ill co m e to base occasio na lly in the e ve nin gs t o cha nge ve hi cles". The compa ny currently h as 1 0 full tim e e mpl oy ees, includi ng d is p a tc h e r s , cus tom er servi ce r e presenta t iv es, fin a nce, a nd s uppor t staff, as well as three full tim e m ech a nics a n d a fl eet m a n ager. Th e ca b d r iv ers a r e inde pe nde n t contract o rs. T h e fl eet co n s is ts of 65 veh icles. T he mai n ten a nce s h op is a full servi ce s hop t hat ope r a t es b e lween 8:00 AM a nd 6:00 PM . They s t a te t ha t they will not service ve hi c les on week e nd s o r in th e ev e nin g. Th e pro p e rty is s urro unde d by o the r indus tri a l ty pes o f uses. As you ca n see in Fi gur e 1, a s ubs ta ntial a m o unt o f ou t d oor s t o r age is located in th e gen e r a l vici n ity . Ca bs e nte ring and leaving th e pro perty do so vi a Dutto n Is la nd Road to Maypo r t Road . 'J'h e cit:Y s Publi c Works d epartme n t w ill r e nder a n opini o n o n the impact o n lo cal roa d s /infrastru cture prior to this ite m going before City Co mmi ss ion . Subject Site and Surrounding Properties Figur e 1. Ae rial of 1840 Mealy Street . Ta ke n from JaxG is we bsite. LAND DEVELOPMENT REGULATIONS AGENDA ITEM II 8A JUNE 9, 20 14 Th e s ubj ect pro perty is lo cated in th e middl e of a lar ge di s t r ict of prop e r t ies th a t a re zon e d Li ght In dus tri al a nd Wa r e hous in g (LJW). Se c. 24·112. Li g ht In dus tri a l and w a reh ous in g di stri cts (LIW) (a). In te nt. Th e li ght indus tria l a nd war e hou s in g zo nin g d is tri ct is intend ed for li ght ma nufacturing, s torage a nd wa re housin g, p rocess ing or fa bri ca ti on of nonobj ec tionabl e prod ucts , not involving t h e use of ma t eria ls , p r ocesses or mac hine ry lik e ly t o ca use und es irabl e effects upon nea rby or ad jace nt res id enti al o r co mm er cia l ac tiviti es. (c.) Uses-by-excep tion. Within the li ght indu s tri a l a nd war ehous in g zo nin g di s tri ct, th e follo w ing uses may be approved as a use-by-exce p t ion. 5). Es t abli s hm e nts for h eavy a utom otiv e r e pa ir, towing se rvi ce or th e perm a ne nt s tor age of a u to mobil es, m o torcycl es, t r ucks and trac tor s, boa ts, machi nery an d equipm en t, fa rm equipm e nt a nd s imil a r u ses. COMPREHENSIVE PLAN Policy A.1.5.6 of th e Co mpreh ens ive Pl a n s t at es th at Co mm e rcial a nd li ght indu stri al developm e nt s hall be lo ca t ed and d esig ned so as to minimi ze a dv e rse e ffec ts o n r esid en t ia l a reas, t raffi c fac ilities , and th e aesthetic ch ar acter of the Ci ty. Page 2 of 4 AGENDA ITEM# 8A JUNE 9, 2014 Policy A.l.ll.l of the Comprehensive Plan states the land use categories, as depicted upon the 2010-2020 Future Land Use Map (FLUM), shall permit the following uses and activities. (d) Light Industrial-The Light Industrial category shall be limited to light manufacturing and production, storage, warehousing and distribution uses as further controlled by the Land Development Regulations. Light Industrial Uses may have outdoor storage and business related activity, but such uses shall not include processes that create negative effects to surrounding properties due to noise, heat, fumes, debris, chemicals or hazardous materials. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. UBEX 14-00100012) to allow the permanent storage of automobiles and automotive repair in the Light Industrial and Warehouse (LIW) Zoning District and located at 1840 South Mealy Street provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-112 (c) in that the proposed use is found to be consistent with the uses permitted in the LIW zoning district with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. If the Community Development Board does agree to recommend approval, staff suggests that the following conditions be placed on the approval: 1. A cap be set on the amount of cars that can be kept on site as storage. This will ensure that the property does not turn into a junk yard or scrap yard. Page 3 of 4 SUGGESTED ACTION TO RECOMMEND DENIAL AGENDA ITEM# SA JUNE 9, 2014 The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. UBEX 14-00100012) ) to allow the permanent storage of automobiles and automotive repair in the Light Industrial and Warehouse (LIW) Zoning District and located at 1840 South Mealy Street provided: 1. Approval ofthis Use-by-Exception is not consistent with the intent ofthe Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-112(c) in that the proposed use is found to be inconsistent with the uses permitted in the LIW zoning district with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. Page4of4 APPLICATION FORA USE-BY-EXCEPTION C ity of Atlantic Beach · 800 Seminole Road · Alhmtic Bench, Flo•·id n 32233-5445 .Phone: (904) 247-5826 · FAX (904) 247-5845 · htlp://www.coab.us AGEND A ITEM 1181\ J UNE 9, 20 14 Date 0 3/04/2014 F ile No •. ___________ Receipt __________ _ 1. Appllcnnt's Name North e ast Trans portation Group LLC 2. Appllcnnt's Address 14561 58th Stree t North, Clearwater, FL, 33760 3. Property Locntlon 1840 Mealy Street, Atlantic Be ach, FL, 322323 4. Property Apprnise•·'s Rcnl Estate Number 17237 4 -0150 Bloc It No. 42-4 BH -2S·29E Lot No. 10 ·----- 5. Cu l'l'ent Zo ning C ln ss ilicntion AILW 6. Comprehensive Plan Futu1·e Land Usc d es ignntiou AILW 7. Requested Use-by-Excoption Administer, Repair a nd Store Taxicabs 8. Size of Pa•·cc1_1_A_c_re __________ _ 9. Utility Provide•· _J_E_A ___________ _ 10. Statement of fncts a ud special r enso ns for th e n~quested Use-by-Exception, which demonstrates complirmcc with Section 24-63 of the City of Atlnntl c Beach Co de of Ordinances, Zoning smd Subdivision Reg ulntlons. Attach ns Exhi&,lt A. (I'he attached guide mny be u se d if desired. Plcnse address cnch Item, ns app1·opl'lntc to tills request.) 11. I'I'Ovide n il of the following info•·mation. (A ll information must be provided before nn a pplicntlon Is s cheduled fo•· a ny public h earing.) a . SJtc Plan showing the Jo cn ti o11 of nil structures, tempoa·su·y nnd permnncnt, Includin g setbacl<.S, building height, number of s toa·les and squnl'C foota ge, imperviou s s urface a a·en, nnd existing :md/o 1· proposed da·ivcways. Identify nny exi sting struct ures nnd uses. b. Proof of ownea·sh lp (deed or ccrtlficntc by lnwy er or nbst rnct compnny or title company thnt verifies rccoa·d owner as nbove). If the applicant is not the owne1·, a Jette•· of a uthorlznlion f1 ·om the owner(s) for nppllcnnt to a·cpres ent the owner for nil purposes related to this application must be p rovided. c. Survey and legal desc•·iption of pa·operty s ought to be rezoned. (Attach ns Exhibit B.) d. Requia·c d number of copies. (Two (2) copies of aU documents thnt nr c not ln r ger thnn 11 x 17 Inches in size. If plans or photogmphs, O J' co lo•· nttnchmcnts m·c submitted, plen sc provide eight {8) copies of these.) e. Application Fee ($250.00) I HEREBY CERTIIi'V THAT ALL INFORMATION PROVIDED WITH THIS APPLIC ATION IS C ORRECT: Slgnatu•·c of ownc•·(s) o•·nuthol'ized pers on If owner's nuthol'lzatlon fo•·m is attnchcd: p,;ntedoo·~~' Robe~~ Slgnntua·c(s)~~d ~ === ADDRESS AND C ONTACT INFORMATION OF Pl!:llSON TO RECEI VE ALL CORRESPONDENCE R EGA RDING TKIS APl'LICATJON Nnme: Rob ert Gagliardi --------~-------------------------------------------------- M nlllng Address: 14561 58th Stree t N, Clearwater, FL, 33760 Phone: 727-254·8844 FAX: 727-532-6287 E-mnll : bob@coasta lcab-jax.com EXHIBIT A AGENDA ITEM # 8A JUNE 9, 2014 The review of an application for a Use-by-Exception shall consider the following items. Please -address each ofthe following as applicable to yolll' specific application. 1. Ingress and egress to property and proposed Structures thereon with patticular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. Concrete road to cul-de-sac called Mealy Slreet. 2. Parking and Loading Spaces, where required, with pa~ticular attention to the items in (1) above. N/A 3. The potential for any adverse impacts to adjoining propetties and propetties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception being requested. None 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; Advanced Waste Services Inc. 5. Utilities, with reference to locations, availability and compatibility; Prior Existing service. No new service required. 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. The enUre property Is fenced ln. Abutted on each side by Industrial commercial property similar to our request which Includes ailmlnistratlon, repair and storage of vehicles 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with propetties in the District; (See Signs and Advettising, Chapter I 7 .) No sign age Is to be erected. One 4X4 sign Is affixed to the building. 8. Required Yards and othet· Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. Property on all sides Is nearly Identical with our request. Behind us is the same, East side is dump trucks, west side Is cranes. North side Is Specialty construction. Other information you may wish to provide: ....:_ _____________________ _ We are very clean and neat and expect no environmental impact ~b i ng Maps 1840 Mealy St S, Atlantic Beach, FL 32233 -------· My Notes Iii! Onll1 o go? Uco m.blng.com lo nn o m n p~. ciro c l io n ~. l:·uc lno&!·O~. on d m:>rc . .J ' Bird's eye view maps can't be printed, so another map view has been substituted. AGENDA ITEM II 8A J UNE 9, 2014 http://www.bing.com/maps/print.aspx?mkt=en-us&z=19.478514346404708&s=b&cp=30.3... 3/4/2014 March 19, 2014 City of Atlantic Beach BOO Seminole Road Atlantic Beach, FL 32233 C/O Shal~ne Estes, Zoning Technician RE: Coastal Cab 1840 Mealy Street Atlantic Beach, FL 32233 AGENDA ITEM# 8A JUNE 9, 2014 Coastal Cab is a for-hire Taxi service/transportation company servicing Jacksonville and the Jacksonville area Beaches. We are located at 1840 Mealy Street in Atlantic Beach. Our business hours of operations are Monday through Friday, 8:00AM to 5:00 PM. However, we are a 24/7 operation with minimal staff on duty after 5:00PM. (Dispatch and Call Center Support) The facility is completely fenced in with a gate that is not locked during the evening hours. Drivers will come to base occasionally in the evenings to change vehicles, etc. The Management Offices are locked after business hours and are closed on the weekends. We currently have 10-full time employees, including Dispatchers, Customer Service Representatives, Finance, and support staff. We also have three full time mechanics and a Fleet Manager. Our fleet size consists of approximately 65 vehicles, including sedans, mini vans, wheelchair accessible vehicles, and black cars or premium sedans. Our Maintenance shop is a full service center servicing the entire fleet Monday through Friday, 8:00AM to 6:00 PM. We do not service vehicles on the weekends or in the evening. Our drivers are Independent Contractors and lease the vehicles for the week. Each driver comes to base daily to pay for their vehicle lease, or have their vehicles checked and serviced if necessary. These drivers take their vehicles home, 24/7. At any given time we may have 6-10 vehicles on the property pending service issues or vehicles that are not leased for that particular day and are kept inside the gates. If there is any additional information you may require, please feel free to call me. Sincerely, Robert Glaeser General Manager Coastal Cab ~ ~ ~ -~ ~ ~ ~ i ~ J30UNI)ARY StJRVE( HAP L 0 T 10 MAYPORT /NJ){)STR/AL PARK ACCCJF<PM5 TO MAP RE(;ORI)Ep IN PLAT tJOOI:: 4.4 PA6E5 -0 ANJ) MA Of TilE CIJRRENT" R.BI..IC REGORI?S OF OWAL c;o1JNTY, FLORIDA L o T I I N 8<1"15'00' E --- ...... ---........ / " ! \ I ~-I \ ~,.. 1- \ I " . / ........ ___ ...... "II ).. ::0:: :;,:s ~ C\ ~ ., Qj r-~ ~ .... "' l.ll "' . l l:o I ~ ~ IJt :t ~ ~ ~ (ill --. k:; ~AT~ N8.5'0S~;y C8 ~Cd>I·- Er -.Ett>ar~ov"""' Rl ODrdDs Fml!,d=l I.P. -.m.Pp<> /.f' ~LI;jtPo/tJ PAR.CeL !HI Peno/M l<t=r¢ TfJ ~ TDiophoM-m """"'"HowHsw ;w t::i'tlnDI8s Haler VafH:t 6E1ERAL NoTI3 I) Uldergrould !rrprov8111etl/s.M:tlltles crossing or 5erVIng the property heMOn, mre not located. 2) The property hereon !'las not ~ted tor covenants, rostrfctJons or easemen!s of r=ord, 5) Bearings herc>OtJ ore based on 5 00'451;;10' E for the easlerlg line of property shom (Lot 10). 4) According to Federal Cmergel!CIJ Hanagement Agencg, Flood lnsr.rance Rate Hop, Commlifll/:y Panel 12051C 040eJ H, I:Jated Jme ~ 20/!J, the proper!J[ sho>lll hereon Is situated In ZONE X S) TilE 5I!RVEY J)EF'fc;TEJ) HEREON 15 NOT COVERED B'T' PROFE5510NAL UABIL/rt' IN5/JRANCE. 212</11' 404' /,;~~~~ ,,~40 /O:;.J' ~l"'llrli::.r ~.65' 172355-oooo CfKTIFTW ro. ~'i!J F/r5t ut!Jdlt l.hlon Atlllio P. eerqvero end Catherine ecrq~~ero ~ Moss, FUlton I erlffln, PA Chicago Title lf191KY:lf1C8 CorrprnJ SCALEr I'= !30' . ~ HEALY STREET· ~ ~ ~ ~-I ~ \ LOfq I I s.,.::r,-fo~ .. t: 1110 Jl!J./tp ~--.... ........ .--,;.,.ID.'} ~ I I Ill ~ ~ ~ ., ~ ~ /MID.'/ "II ).. ;.c C\ .,., .... -.... "' "' 13> 13> I 1::1 1::1 ·~::~ 1::1 --- !WR\IEY OA715 ALISIET I, io/5 ..JHH !f«'veglng I H<pphg. LLC H3/~.l!I<NilD.~F!.~ P ('fof) 75<H1570-F ('fof) 777-a:nl Emaf/, .Jort-'~.<0111 >-Cl '-~ ~v m>- "'~ 0 -l Nl:!'l 8~ .... ""' > AGENDA ITEM /181\ JUNE 9, 20 14 Draft Minutes of the 4/15/2014 Commun ity Development Meeting. MJNUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD April15, 2014 1. CALL TO ORDER.-6:00pm Ch air Brea Paul verified that all board members are present with t he exceptio n of Patrick Stratton and Lind a Lan ier. The meeting was ca ll ed to order at 6:00pm. Also present was Redevelopment and Zoning Coordina tor, Jeremy Hubsch, Recording Secretary Jenny Wa lker, and represent ing the firm l<o p elousos, Brad ley & Garrison, P.A. was Mr. Rob Bradley. 2. ADOPTION OF MEETING MINUTES -February 18, 2014. Brea Paul called for a motion to approve the minutes of the Fe bru ary 18, 2014 reg ul ar meeting. Mr. Hansen mad e a m otio n to approve th e minutes as am ended . Mr. Parkes secon d ed the motion an d it carri ed by a vote of S-0 . 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. UBEX-14-00100012(PUULIC HEARING) Staff Report Re quest for u sc-by-exception as pet·m ittcd by Section 24-112 (C) (5), to a llow the p e rmanent storage of autom obiles and automotive r cpait·. Jeremy Hubsch, Red evelopment and Zon ing Coordinator st ated this UBE X-14-00100012 is a r equ es t f or a Use-by-Exception to all ow th e perman ent st orage of automobil es and au tomotive r ep ai r in a Light Industrial and Warehousing Zon ing District. T he applica nt is Coas t al Ca b Compa ny. The subj ec t property is loca t ed in a l arge distr ic t of properties that are zo n ed Light Indust ri al an d Warehousing {LIW). The p roposed Use-by-Exce ption is req u ested to allow t h e appli cant to ad minist er, repair, and store taxica bs at 1840 M ea ly Street. Th e applicant currently ope r at es the taxi cab compa ny t hat di spatch es, admi ni sters, re pairs, and sto res the vehicles o n site. Page I of3 Draft Minutes of the 4/15/2014 Community Development Meeting. AGENDA ITEM# SA JUNE 9, 2014 The applicants are required to obtain a Use-By-Exception per Section 24-112 (c)(5), which requires one for, "establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, trucks, and tractors, machinery and equipment and similar uses." The applicants stated in the application package the activities on site include those of a service/transportation company serving Jacksonville and the Beaches. Their primary business hours of operation are Monday through Friday, 8:00 AM to 5:00 PM. However, they state that they are a 24/7 operation with minimal staff on duty after 5:00 PM that includes dispatch and call center support. The application states that "drivers will come to base occasionally in the evenings to change vehicles". The fleet consists of 65 vehicles. The cab drivers are independent contractors. The maintenance shop is a full service shop that operates between 8:00 AM and 6:00 PM. They state that they will not service vehicles on weekends or in the evenings. Jeremy Hubsch presented and aerial view of the subject site and surrounding properties. Sec. 24-112 of the Land Development Regulations state the intent of the light industrial and warehousing zoning district is intended for light manufacturing, stoage and warehousing, processing or fabrication of nonobjectionable products, not involving the use of materials, processes or machinery likely to cause undesirable effects upon nearby or adjacent residential or commercial activities. Policy A.1.5.6 of the Comprehensive Plan states that Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities, and the aesthetic character of the City. Jeremy discussed three suggested actions to recommend approval and three suggested actions to recommend denial. Staff suggests that a condition of a cap be set on the amount of cars that can be kept on site as storage. This will ensure that the property does not turn into a junk yard or scrap yard. Brea Paul asked if this application is a result of a Business License renewal and Jeremy stated that the business had already opened prior to obtaining their license and then were notified of the need for the Use-by-Exception. We are working on finding a way to stop these business from opening without a Business Tax Receipt. Page 2 of3 AGENDA ITEM# SA JUNE 9, 2014 Draft Minutes of the 4115/2014 Community Development Meeting. Applicant Comment Public Comment Board Discussion Motion Rob Glazier, the general manager of Coastal Cab introduced himself and discussed the fact that if there are more that 15 cars on his property then he is losing money. He states that other than employees cars there shouldn't ever be more than 25 cars on the property. None. l<irk Hanson stated that he doesn't feel a cap is needed, considering the neighboring lots are full of vehicles. Sylvia does not agree and wants cap placed on the number of vehicles left on the lot. Jeremy stated that there is something in the code that says the nonconforming use of neighboring land structures or buildings in the same zoning district cannot be considered for justification of approval for the Use-by-Exception. Mr. Hanson asked the applicant how many vehicles does he need to have allowed on the lot at one time. Mr. Glazier said aside from his 10 employees cars, he would like to have 25 cabs allowed at one time. l<irk Hanson makes a motion to approve UBEX-14-00100012 with the condition of no more than 25 stored vehicles not including employee vehicles at any one time. Mr. Elmore seconded the motion. It carried with a 5-0 vote. Brea Paul then stated that the question of how to handle the businesses opening before obtaining their Business Tax Receipts will be left to due diligence on the part of Code Enforcement. Page 3 of3 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA IT EM II 813 JUNE 9, 20 14 AGENDA ITEM: Request for a Waiver from City Code Section 19-7 Driveway Limitations to A llow a Thirty Poot Driveway at 436 Beach Avenue SUBMITTED BY: Rick Ca rp er, P.E., Public Works Director;tc...._ DATE: April 4, 2014 STRATEGIC PLAN LINK: No link BACKGROUND: Applicant is consh·uclin g a new home at 436 Beach Avenue with a tlu·ee car garage. The Jot frontage is 50 feeL City Code Section J 9-7 Construction of driveways in rights-of-way contains the tollowing requirements for driveways (emp hasis ad ded): (a) The proposed driveway shaJJ not create more than 50% impervious area within the right-of-way. (f) Maximum driveway width at thepropertvlineand through the right-of-way shall be 20 feet. Maximum dtiveway width for circular drives sha ll be 12 feet, and circu lar drives sha ll only be pcnnitted on lots bavi11g at least 100 foot JJ-ontage. The appli ca nt ha s demolished exist in g residence and proposes to insta ll new 30' dtiveway using pervious pavers (see Attachment 2). Estima ted impervious surface coverage of the right of way with the new driveway will be Jess than 50% based on pavers at 50% impervious surface (LD R 24- 17 Definition of Impervious Surface). BUDGET: No budget iss ue s. RECOMMENDATION: Co nsi der approva l of requ ested wa iver to the City Code Section 19-7 requ irem ents . ATTACHMENTS: 1) Waiver Application for436 Beach Ave REVIEWED BY CITY MANAGER :?Z V t:k<r? ~ 1 ~~ By hone: (904) 247-5800 · FAX (904) 247•5845 · http://www.coab.us AG ENDA IT EM II 813 J UNE 9, 20 14 Dot< '3 / [ / 14 File No . __________ _ 1. Applicnnt 'sName :f~;t l.VC-l~ *(L4'\I\d. 2. Applicant's Address ~ 13t;:?~ A\JeJ 3. Property Location "1?v 'Bta~~ 4. Property Appraiser's Real E$tatc Number =-l _("-0--'l'-~~4--'----0_0_0_0 _____________ _ 5. Current Zoning Classification A(l. S,.... 2- 7. 8. 9. Hom eowner'~~oclatlon or Architectural Review Committee ll PI'roval required for the proposed construction. DYes ~o (If yes, this must be submitted with any application for n Building Permit.) 10. Statement of facts and site plan related to requested Variance, which demonstrAtes compliance with Section 24-64 of the Zoning, Subdivision and Lnnd Development Regulations, a copy of wbich is attnched to this appUcation. Statement and site plan must clearly describe and depict the Variance that Is requested. 11. Provide all of the following information: n. Proof of ownership (deed or certiflcate by lawyer or abstract company or title company that verifies record owner as above). If the applicant Is not the own er, a let1er of authorization from the own er(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of properly for which Variance Js sought. c. Reqult·ed number .of copies : Four (4), except wl•crc original plrms , photographs or documents larger than l 1 x17 inches arc submitted. Plensc provide eight {f!) copies of any such documents. d. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: ADDRESS AN CONTA CT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING~J:ICATJON //r, rf2_ _ --;-;;? td,.. l -.:r- Name: ~ "'{30SL.o { *P?t-o_ ~~ AG EN DA IT EM II 8B JUNE 9, 20 14 The following paragraph sets forth r easons for which a Variance may be app roved. P lease checl< the circumsta nc es that a pply to your request a nd briefly d escribe in the space provided. (d) Grounds fo r app rovo l of a Variance. A Variance may be granted, at the discreti on of th e Commu ni ty Dev elopment Board, for the follo wi ng reasons. 0 (I) exce pti onal topographi c co nditions of or near th e property.------------- JZ((2) ~~~~~~~~~~~~~~~--- 0 (3) exceptiona l circu ms tances preventing the reaso nab le use of th e prop erty as compared to oth er properties in the area.----------------------------- 0 (4) onerous effect of regulatio ns e nac te d after p latting or a fter development of the property or after co nstruction of improvement s upon the property.---------------- 0 (5) irregu lar shape o f the property warra nting specia l consideration.----------- 0 (6) substandard size of a Lot of Rec o rd warran ting a Variance in order to provid e for the reasonable Use of the property.---------------------------- (e) Approval of a Varia,nce. To approve an app li cation for a Variance, th e Commu nit y Development Boord sba ll find that th e req uest is in accord ance with the p receding tenns and provisions of thi s Section nod tha t the granting of the Variance will be in harmony with the Purpose and In ten t of this Chapter. (f) Approva l of Lesser VariAnces. Til e Communi ty Deve lopment Board sha ll have the auth ority to approve a lesser Variance than requested if a lesser Variance shall be mo re app ropriately in accord with the te rms and pro visions of this Section and with th e Purpose and Int en t of this Chap ter. (g) Nearby Nonconformity. No nconforming charac teristics of nea rb y La nds, Structmes or Buildings shall not be gr o und s for approval of a Variance. (h) Waiting period for re-s ubrn itta l. If an applica tio n for a Variance is de ni ed by the Community Development Board, no further acti on on another applica ti on for substan tia ll y th e same request on th e same property sha ll be accepted for 365 days from the date of den ia l. (i) Time pe ri od to imple me nt Variance. Unl ess oth erwise stipula ted by the Community Development Board, the work to be performed pursuant to a V ari ance sha ll begin wi thin six (6) mo nth s fro m the date of approval o f th e Variance. Th e Comm unity Deve lop ment Direc tor, up o n fin ding of good cause, may au th orize a one ti me extensio n not to exceed an additi ona l six (6) month s, beyond which time the Variance shall become nu ll and void . U) A Variance, which in vo lves the Deve lop me nt o f Lan d, shall be transferable and sha ll run with th e title to the Property unless oth erwise s ti pulated by th e Co mmun ity Development Board. Additional comments: AGENDA ITEM fl 88 JUN E 9, 201 4 ------------ AGENDA ITE M /1 813 J UNE 9, 20 14 IPOUST!NA TERRY liEIE 12101 2ND DR NW CORAL SPRINGS, FL 33071 POL!ST!NA "!fERESA. KAY 436 BEACH AVE fll'rimary Site Address 436 BEACH AVE Atlantic Beach FL 32233 Official Record Booklfi!'age 16290-00364 AGENDA ITEM# SB JUNE9, 2014 lfile # 9416 P~i!Y.: Detq!! __ ~-..,.-~lue Summ~ry ·-------·------------~----·· RE # ' 170164-0000 Tax District ··~ .. --~_ ....... -~- J'f.QP,Iil_rt}f..!J_~ #,_of .. B!Jilr!ing~ Legal Desc. t USD3 ---.-.--~-· 0000 VACANT RES 0 , 5-69 16-25-29E . A1l.ANTIC BEACH 1 . 2013 ce.rtlflet!. .201_4. Jn.J~!Q!!r~ I Value Method CAMA CAMA ·j T~l ~uild~!:!_~ Value $~00 $0.00 E>ctra Feature Value · $0.00 ~ $0.00 . -. . ... . ~ . ·- Land _value (Marf(et) ' $306,000.00 ' $30~!_000.00 l,.•msl¥~l'!e.t~!:!!=,) ~ $O.oo • $0.00 ! Subdivision ', ;·:~:~:.c.•·"":;;=-.-:-.~-· • . 03101 All.ANTIC BEAC!-f •.• Just (~.arket)_ Valu':. $306,0~_0,00 Assessed Value ~305,000.00 c!l..P Diff/Portabi!itv ~mt $0.00 I ~.00 $306,000:00 $306,000.00 Total Area: .. . .l~?..~ .. ~ .. ~---~-----~----~----~------' · $o.oo 1 $0:0.0 The sale of this property may result in higher property taxes. For more information go to Save Our Homes and our Property Tax Estimator . Property values, exemptions and other information listed as 'In Progress' are subject to change. These numbers are part of the 2014 working tax roll and will nat be certified until October. Learn how the Propertyt\rpraiser's Office values propertv l;¥.~mptl,.'?!l~ . ~0.00 See below Taxable Value ~0?.,~02_E.O ___ S~E_e~----. Taxable Values and Ex:emptions -In Progress If there are no exemptions applicable to a taxing authority, the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/AND Taxable Value School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Book( Page 16290-00364 16107-00374 1217()-01488 03034-01179 Sale Date .. : 311~12013 ; 10/2/2012 : 6/22/2004 •. 1/1/1899 Extra Features No data found for this section Land & legaJ , Sale Price I $1,ooo,ooo.oo $750,000.00 '$100.00 .· $100~00 o~.et:Urt~rl!m~nU.v.P..~ ~-~ i SW-Specjal Warranty ' WD -Warranty Deed , QC -Quit Claim • -Unknown ; Q!{~lif!eMI..fngtJa!Jfi~~ Unqualified , Unqualified 'Unqualified Unqualified Vacant/Improved Vacant Improved Improved Improved L_cw<J. __________________ -·-----·---·------·---------·-·--. L~gal __ . _______ _ lN.' 9:!!!~ i Use Description ~.l!!!lg Front Depth Category Land Units · ~n.~.IVP~ ' Land Value i LN : Legal Description 1 ; 0100 l RES LD 3-7 UNITS PER AC ARS-2 50.00 ' 145.00 Common 50.00 . Front Footage. $306,000.00 ~ · 1 . 5-69 16-25-29E Buildings No data found for this section 2013 Notice of IPro~osed Pro~ Taxe;;_ {Truth if! r:',!iflage Noti~L ----· Ia>Cimt Pi¥.f.!cJ: -:Assessed Value · Gen Govt Beaches $306,000.00 · Public Schools_: By _State law . $306,000:00 ~ By Local Board $306,000.00 FL Inland Navigation Dist. ; $306,000.00 Atlantic Beach $306!000.00 ' Water Mgmt Dist. SJRWMD . $306,000.00 Gen Gov Voted $306,000.00 . School Board Voted $306,000.00 Urban Service Dist3 $306,000.00 ·· · ·-· ~-:ti.~ va)~e; · Last Year ·; ~49-~!!70.00 Curr:ent y~r .J3061000.00 Property Record card (PRC) EKemptions $0.00 $0:00 . $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 . $0.00 , Taxable Value .. : $306,000.00 ', $306/000.00 $306,000.00 $306,000.00 $306,000.00 $306,000.00 • $305,000.00 ' $305,000.00 'Last Year : $2,732.71 $2,168.47 '$910.82 : $13.98 : $1,348.61 ; . i $134.23 1 $0.00 $0.00 I $306,000.00 ; $0.00 i Totals 1 $7,308.82 ~~~-.Y~!~; ---· ----~~ ~~---~· · ~ PEietnP.ti';;;-· .,.~- $405,170:0_0 .. '. ~£-~0 . $0.00 2 ATIANTIC BEACH 3 LOT 3 BLJ< 22 Proposed ' Rolled·bacl( $2,522.85 $2,064.31 $1,572.84 $1,659.04 _, $687.89 $696.85 . $10.56 $10.15 $1,018.52 • $1,014.57 $100.46 . $100.46 $0.00 $0.00 . $0.00 '$0.00 $0.00 . $0.00 $5,913.12 $5,54539 "·-·~-l)ncable y~_i;j_~ -----···· ·- $405,;70.00 . . $306,ooo._._oo _______ __; The Property Appraiser's Office (PAD) provides historical property record cards (PRCs) online for 1995-2005. The PAD no longer maintains a certified PRC file due to changes in appraisal software; therefore, there are no PRCs available online from 2006 forward. You may print this page which provides the current property record. (Sections not needed can be minimized.) To print the past:-year cards below, set your browser's Page Set Up for printing to landscape. f ~' ~-z g ~§i: ~= -~ ~a-~ ~ {"-\ ~ l~ ~ 'OT 3, BLOCK 22, PLAT No.1 , S UBD IV ISION "A", ATLANTIC BEACH, AS RECORDED IN PLAT BOOK 5 , 'AGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORJDA, SAID BLOCK 22 IS ALSO OWN AS BLOCK 20, AlLANTIC BEACH, PLAT BOOK 5 , PAGE 64 OF THE CURRENT PUBLIC CORDS OF DUVAL COUNTY, FLORIDA. LOT4 145.29' FIELD 145.00' FOUI'lD 'X" CUT IN CONCRETE FOOTER OA 0 o3/ I ~w ~ ~~ 1~\91 ltfcl:H Q::J io~ I ~ z ~0 Xo ~Q.. ~w 0~ > ~3 { P-!Yn. < .. ~ > 0 ~~ J: ~o& lO~ ~ t> ~<( ~w ~CD 0.9'" I FOUND 314' IRON -0.7 PIPE;. NO CAP 143.76' 02' 143.92' FIELD LOT2 b -g ~ ~ a; r > 0 '--::=:l ~5 w > ..0-~ ...., t-l(T.l ~!: A :;t: 00 o:; ACIENOA ITEM II RC JUNE 9. 20 1,1 AGENDA lTEM: SUBM ITTED BY : DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Sewer Reh ab ilitati o n in Do nner Subdivi sion HMGP Grant OonnaKa.l uzniak, Uti li ty Directo @ May 12,201 4 STRATEGIC PLAN LINK: None BACKGROUND; The Cit y's Sewer Master Pl an Update recommended th at th e Cit y use cur ed -i n- pl ace pipe te chn ology to upg rade th e o ld , cracked cl ay sewe r mains, and usc li nin g to rehab ilitate deteriorated manho les . T he City has lim ited funds available for sewer rehab ili tatio n. F01tunate ly, s taff was abl e to obtain Ha zard Mit iga ti on Grant Program funds associated wi th T ropica l Storm Debby. These funds will allow th e City to complete a $15 5,000 project in the area of Donner Subdiv is ion. For past sewer rehab ilita ti on proj ec ts, th e City has piggybacked o n existin g J EA co ntrac ts. Th ese are large dollar co ntra cts that were comp etiti ve ly bjd. J EA aw ard ed a 3-year, $5+ milli on co nt rac t to lnsituform Technol ogies, In c. Par manho le rehabilitati on, JEA has a 3-year, $1.5 m illi on contract with Co ncrete Conserva tion , ln c. Using th e JEA co ntra ct unit prices for Ins ituform, the cost for c ured-in -p lace pipe re habi l itation for the Donner Subd ivi sion project is $125,707. Using th e JEA co ntract uni t prices for Co ncrete Conservat ion , ma nhole rehabilitation is $156 per vert ica l foot. For the 14 manho les (approxim ate ly 70 vet1i cal feet), the cost for manh ole rehabil itati on for th e project is $12,01 2. Po int repairs may be needed prior to constructing the cured-in-pl ace pipe, whi ch wou ld be comp leted by the Ci ty 's annual Utility Co ntra ctor, Gruhn May, In c. A n estima ted $17,000 wou ld be r eserved for point repairs o r ad diti onal work by In situform or Co nc rete Conservation if need ed. BUDGET: A tota l of $155,000 is budgeted fo r this project 410-5506-535-6300. T he HMGP Grant will reimburse the Cit y for 75% of the costs, or $11 6,250 . The City's potiion o f the project will be $38,75 0. RECOMMENDATION: Aut hod ze lns itufonn Techno logies, In c. to provide cured -in-p lace pipe (CJPP) for the Sa lt Air Sewer Rehabilitation Project in the amo unt of$1 25 ,707, using specificat ions and pri cin g in JEA Co ntr act No. 11 66 16. Authorize Concrete Co nservatio n, Inc. to provide manhole rehab ilitati on for th e Sa lt Air Sewer Rehabilitation Project in the amo unt of $12,0 12 using specificati ons and pricing i n JEA Contract No. 11 3044. Allow staff to reserve up to $17,000 for point l 1\GI:::ND/\ IT EM II ti C JUNE 9, 20 14 repairs or add iti ona l wo rk by In sit uform or Concrete Conserva tion if needed. Aut horize the Ci ty Manager to sign the co ntr acts wi th In situfo nn Techno logies, In c. and Co ncrete Co nservation, Inc. ATTACHMENTS: I . Cost Estimate for project using J EA con h·act pr icing fo r In s itu f01m Tech no logie s, Inc. and Concrete Co nservation, Inc. and est imate fo r po int repa irs. R EV IEWE D BY CITY MANAGER:_.-:-:?lc=------' -~-=c?w-z:...=:..:....L-<~r;.L..lot~d;.t_.' -------- 2 AGENDA ITEM fiSC J UN E 9, 201 4 Summary of Project Costs-Donner Subdivision Sewer Upgrades -HMGP Grant lns ituform -Cured In Place Pip e PA#: Job Description Ite m Spec sc Est. Units Description Unit Prices Total No. No . No. Qty. Atla nt ic Beach -Donner Rd Price 1 6.9.6 0 LS Testing Allowa nce $ 25,000.00 $ - Furnish and Install 8" CIPP lining, 6 mm 2 961.1 1,496 LF thick $ 27.25 $ 40,766.00 Furnish and install10" CIPP lining 6.0 mm 3 961.1 1,554 LF thick $ 29.65 $ 46,076.10 Reconnect exisling services using robotic 27 963.4 62 EA internal c utte r $ 250.0 0 $ 15,500.00 33 965 3 ,050 LF CCTV a nd Li ght Clean 8"-21" Dia pipe $ 3.00 $ 9,150.00 7.3.16 Perce nt Ge nera l Cond iti ons 2.50% $ 2,787.30 ISUblufAL $ 114,279.40 10 Percent !C on tingen cy 11427.94 TOTAL -lnsituform $ 125,707.34 Concrete Conservation -Manhole Coating I I I I 70 1VF spectra shleld Manhole coating $ 156.00 $ 10,920.00 I I I I 101Pe rcent vonbng ency $ 1,092.00 Total -Concrete conservation $ 12,012.00 Gruhn May, Inc. • Point Repa irs I I I I 21EA t:stlmalea 1-'0im K epa1 r s . $ 8,500.00 $ 17,000.00 Total -Grunn May $ 17,000.00 'TOTAL PROJECT COST $ 154,719 .341 5/12/20 14 page 1 o f 1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGEN DA ITEM II 80 JUNE 9, 20 111 AGENDA ITEM: Engineering Design of Stormwater Improvements for Seminole Road Drainage Improvements and Streetscape Project (PW1407) SUBMIITED BY: Rick Carper, P.E., Public Works Director /2( DATE: May 12,2014 STRATEGIC PLAN LINK: 13. Stormwater Master Plan Projects BACKGROUND: In April, the Commission approved Staff's rec omm endation of Genesis BUDGET: Group for the Engineering Design of Seminole Road Drainage Improvements and Streetscape and authorized staff to negotiate scope and fees for these services. Staff, in consultation with the City Manager, has reached agreement on the Scope of Services and Fee proposal attached to this staff report. The Scope of Services includ es stormwater project design, geotechnica l and environmental services and environmenta l permitting. Al so incl ud ed is development of Streetscape options with decorative lighting that are to be presented at workshops before final design choices are made. Design of a new water main to replace the existin g "'60 yea r old 8" cast iron line with a new 12" PVC main is included in this project. The complexity ofthe project is such that it will not be ready for bidding in this fiscal year. The Base Fee proposal is $117,920.00, including $17,000 for topographic survey. Original budget for project PW1407 was $490,000, with $240,000 from Stormwater Account, 470-0000-538-6300 and $250,000 in the Half Cent Sales Tax Account, 131-5002-541-6300. $62,000 was transferred for the Stormwater point repair on Sail Fish Drive . Additional f unds will be allocated to this project in the new budget, includi ng funds from the Water Enterprise Fund for construction of the new water main. RECOMMENDATION: Staff recommends the Commission approve the Scope of Services and Fee Proposal for Engineerin g Design of Stormwater Improvements for Sa ltair Subdivision and Sturdivant Road Sidewalk and authorize the City Manager to sign the contract with Ayres & Associates. ATTAC HMENTS: A. Scope of Services for Engi neering Design for Saltair Subdivision and Sturdivant Road Sidewa lk B. Contract Fee Summary REVIEWED BY CITY MANAGER: -:7f. vr <1c-~ EXHIBIT 'A' SCOPE OF SERVICES Seminole Road Drainage and Streetscape Improvements Atlantic Boulevard to Plaza Drive CITY OF ATLANTIC BEACH April tO, 2014 Project Manager: Rick Carper, P.E. Prepared by: ENESIS AGENDA ITEM# 8D JUNE 9, 2014 SCOPE OF SERVICES AGENDA ITEM# 8D JUNE 9, 2014 SEMINOLE ROAD DRAINAGE AND STREETSCAPE IMPROVMENTS TABLE OF CONTENTS SECTION I. PURPOSE .................................................................................................... A-3 SECTION II. PROJECT OBJECTIVE. ........................................................................... A-3 SECTION Ill. PROFESSIONAL SERVICES REQUIRED ............................................ A-3 Task 1 Review of2012 Stormwater MP Update and Existing Conditions ... A-3 Task 2 Surveying .......................................................................................... A-3 Task 3 Preliminary Design ............................................................................ A-4 Task 4 Final Design ...................................................................................... A-5 Task 5 Permitting .......................................................................................... A-5 Task 6 Geotechnical Exploration ....•............................................................. A-5 Task 7 Water Utility Design ......................................................................... A-6 Task 8 Lighting Design ................................................................................ A-6 Task 9 Construction Administration (Negotiated Separately) ...................... A-6 SECTION IV. STUDY REQUIREMENTS ANn PROVISIONS FOR WORK ............ A-7 A. Governing Regulations .......................................................................... A-7 B. Project Schedule .................................................................................... A-7 C. Progress Reporting ................................................................................ A-7 D. Quality Control ...................................................................................... A-7 SECTION V. SERVICES TO BE PERFORMED BY THE CITY. ............................... A-7 SECTION VI. COMPENSATION ..................................................................................... A-8 SCOPE OF SERVICES AGENDA ITEM# 8D JUNE 9, 2014 SEMINOLE ROAD DRAINAGE AND STREETSCAPE IMPROVMENTS SECTION!. PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of GGJ, LLC (dba Genesis), hereinafter called CONSULTANT, and the City of Atlantic Beach Public Works Department, and hereinafter called CITY, in connection with the design and permitting of the Seminole Road drainage and streetscape improvements project. CONSULTANT will perform those professional services required to complete design and permitting for this project, including topographic surveying and geotechnical investigation. CONSULTANT will develop conceptual plans for review/approval by the CITY prior to commencing final design. The CITY will provide contract administration, project management services, and technical reviews of all work associated with the development and preparation of the preliminary and final documents. The CITY will provide job specific information and/or functions as outlined in this scope of services. SECTION II. PROJECT OBJECTIVE The intent of this project is to modernize and improve the stormwater system along Seminole Road while also doing streetscape improvements to enhance this primary entrance corridor to the City of Atlantic Beach. Streetscape may include some improved on-street parking for resident's use. SECTION III. PROFESSIONAL SERVICES REQUIRED Task 1. Review of 2012 Stormwater Master Plan Update and Existing Conditions Review SWMPU recommendations. Compare existing plans, provided by the City, to cunent day conditions in the field, evaluate subsequent improvements and point repairs, and discuss known problem areas with Public Works and Public Utilities personnel to ensure inclusion of all necessary repairs in work planned. An "Existing Conditions" report will be prepared by the CONSULTANT, based on site investigations surveying information, and submitted to the CITY. The repmt will include detailed descriptions of drainage deficiencies along with recommendations and opinion of costs for corr-ections. Task 2. Surveying Obtain survey of the project area, including City right of way and applicable easements (if any), including topography, trees, property lines and house numbers and all surface and sub-surface utilities. Survey shall be in NA VD 88, NAD 1983 State Plane Florida East, using AutoCAD 2000 or better. Written permission shall be obtained from property owners prior to surveying on private property, if necessary. Survey limits are anticipated to extend 10 feet beyond the existing roadway right of way and include intersecting drainage systems (pipe inverts, structures, swales, etc.), utilities and other above ground topography. The survey boundaries will extend from the center line of Atlantic Boulevard on A-3 SCOPE OF SERVICES AGENDA ITEM# 8D JUNE 9, 2014 SEMINOLE ROAD DRAINAGE AND STREETSCAPE IMPROVMENTS the south to the intersection of Plaza Street on the north and will project 50 feet into intersecting street rights-of-way. The survey will be supplemented with available survey data provided by the CITY. Task 3. Preliminary Design Conceptual plans, approximately 30% complete, and Preliminary plans, approximately 60% complete, will be prepared by the CONSULTANT to address all drainage and streetscape objectives agreed upon for the project and will be submitted to the CITY for review and approval before initiating final design and permitting. Preliminary design shall include: 1. Preparation of design plans and specifications to implement drainage improvements required. Design shall include evaluation of SWMPU recommendation for stormwater improvements, including modeling of downstream components to ensure no impacts on Sherman Creek occur because of improvements. 2. Within forty five ( 45) days from the date of Agreement, provide preliminary plans for drainage rehabilitation, utility conflict remediation and roadway reconstruction in sufficient detail to allow for providing an Engineer's Opinion of Probable Cost. Provide up to two concepts for streetscape improvements including supporting graphics sufficient to make presentation to the City Commission and interested public. Preliminary plans should show potential savings for construction related costs. Proposed design should have minimal impact to existing drainage patterns . 3. Present five (5) sets of the Preliminary Plans (ll"xl7"), with cost estimates and time schedules of the remaining design, bidding and construction to the City Staff for review. 4. As directed by City Staff, make corrections or revisions to the Preliminary Plan. This will serve as the 30% submittal. 5. Immediately after the revisions and/or corrections are made, schedule pre-application meeting with St. Johns River Water Management District. a. Within thirty (30) days from the date ofreceipt of City 30% Comments, develop and submit for review five (5) sets of60% plans of the Final Design to include: a. All plan and detail sheets for the project, showing pipe sizes, locations, profiles, design elevations and road profiles, with sufficient details to adequately discuss and review the plans and design. b. Costs estimates and schedules for the remaining design, bidding and construction. c. Consultant to submit the appropriate permit application, with all necessary information. The City of Atlantic Beach will fund any necessary process fees. Respond immediately to Requests for Additional Information. Coordinate closely with the City Staff during the A-4 SCOPE OF SERVICES AGENDA ITEM# 8D JUNE 9, 2014 SEMINOLE ROAD DRAINAGE AND STREETSCAPE IMPROVMENTS permit process. Task 4. Final Design Following CITY review of the Preliminary Plans, the design and bid documents will be finalized. Final Design elements shall include: 1. As directed by the City Staff, make corrections or revisions to the 60% plans. 2. Within thirty (30) days from the date of approval of all permits, or thirty (30) days from the date of receipt of City 60% Comments if no permit required, develop and submit for review to the City Staff five (5) sets of 100% plans of the Final Design to include: a. All plan sheets ( 11 "x 17") completed; b. Draft Specifications and Bid Documents, using City standard format, with additional specifications if not in current City library; c. All detail sheets completed; d. Final cost estimates, including construction quantities in standard computation book format; e. Proposed dates for Pre-Bid meetings, prequalification deadlines, advertisement and bid opening dates, and the date of tentative award, as coordinated with City staff. Task 5. Permitting During the completion of Preliminary Plans, the CONSULT ANT will identify the permits that will be required for construction of the project. Permit applications and required documentation will be submitted to the CITY for signature within one week of CITY approval of the Preliminary Plans (60%). It is anticipated that both local and State (WMD) permits will be required. Task 6. Geotechnical Exploration The CONSULTANT will supplement the available geotechnical data with additional borings and analysis to design the proposed pavement, utilities and drainage system within the project limits. Geotechnical investigations shall include seven (7) roadway auger borings at a depth of six (6) feet, four (4) Standard Penetration Tests (SPT) at a depth of fifteen (15) feet and three (3) sidewalk/trail auger borings at a depth of six ( 6) feet for design of the new roadway and trail facilities. Additionally, geotechnical investigations will be required for design of up to three (3) bioswales and will include three (3) auger borings at six (6) feet, three (3) Double Ring Infiltrometer Tests and three (3) Horizontal UD Tube Samples for permeability testing. A-5 SCOPE OF SERVICES AGENDA ITEM# 8D JUNE 9, 2014 SEMINOLE ROAD DRAINAGE AND STREETSCAPE IMPROVMENTS Task 7. Water Utility Design The CONSULTANT will provide design services for upgrading the CITY'S ex1stmg 8" C.I. watermain to a 12" PVC line. The proposed pipe will be included in the roadway design plans along with any specific details, specifications and plan notes provided by the CITY. It is assumed that new service connections will be installed for each address along the project and any existing side street laterals will be upgraded to the limits of paving or to the nearest valve, whichever is closer. Task 8. Lighting Design CONSULTANT will provide three (3) alternative light pole/fixture types, with pricing information, to assist the CITY with selection of preferred lighting. Graphic representations of the alternatives will be prepared for use in public meetings. Photometric calculations will be completed for the preferred lighting configuration. Preliminary and final lighting plans will be prepared in accordance with the Florida building Code and National Electric Code. Task 9. Construction Administration (Negotiated Separately) If authorized by the CITY, the specific construction administration services to be provided by the CONSULT ANT during the period of construction will be negotiated separately but may include: 1. Review and approval of all shop drawings and distribution of same to City and distribution of same to CITY and Contractor. 2. Periodic inspections of the work in progress, particularly during critical stages of construction. 3. Review and approval of Contractor Pay Requests. 4. Processing of any required Change Order Requests. 5. Attendance at and production of minutes for required coordination meetings. 6. Review results of all testing performed during the course of construction. 7. Resolution of conflicts between the CITY, Contractor and/or Permitting Agencies. 8. Final walk through and project closeout. 9. Project certification to approving agencies. A-6 SCOPE OF SERVICES AGENDA ITEM# BD JUNE 9, 2014 SEMINOLE ROAD DRAINAGE AND STREETSCAPE IMPROVMENTS 10. Coordination of"As-Built" plans from Contractor for submission to the CITY. 11. Provide plans to Contractor and CAD disk for preparation of "As-Built" plans of the project. 12. Provide the CITY with "As-Built" plans prepared by the Contractor and reviewed by the CONSULTANT. SECTION IV. STUDY REQUIREMENTS AND PROVISIONS FOR WORK A. Governing Regulations The services performed by CONSULT ANT shall be in compliance with all applicable City of Atlantic Beach Public Works Design Standards to the extent possible based on the unique design considerations. The current editions, including updates, of the City of Jacksonville Low Impact Design standards, FDOT Design Standards and Standard Specifications, and other pertinent guidelines will be used in the performance of this work. B. Project Schedule It is anticipated that the Surveying, Geotechnical Exploration, Preliminary and Final Design processes discussed previously will be completed within five months of notice-to-proceed. C. Progress Reporting CONSULT ANT will meet with the City on a biweekly basis and provide regular progress reports which describe the work to be performed, problems solved, anticipated problems and suggested solutions on each task. The report will address the design schedule and construction budget. D. Quality Control CONSULTANT will be responsible for the professional quality, technical accuracy and coordination of all designs, drawings, specifications and other services furnished under this contract. SECTION V. SERVICES TO BE PERFORMED BY THE CITY The City will provide those services and materials as set forth below: 1. Provide copies of all available environmental reports, stormwater reports, survey data and proposed development permits. A-7 SCOPE OF SERVICES AGENDA ITEM# 8D JUNE 9, 2014 SEMINOLE ROAD DRAINAGE AND STREETSCAPE IMPROVMENTS 2. Coordination with Stakeholders as may be required beyond the initial contact by the CONSULTANT. 3. Timely phase reviews of the plans and supplemental documents. 4. Identification of a suitable public meeting location and associated scheduling and public notification of the meeting. 5. Any other services identified herein as CITY responsibility. SECTION VI. COMPENSATION Compensation will be in accordance with the Lump Sum amounts described in Exhibit B. CONSULT ANT will invoice CITY monthly based on percentage of completion of the identified tasks. Expenses are included in the Lump Sum fees and will not be invoiced separately. A-8 SCOPE OF SERVICES AGENDA ITEM# 8D JUNE 9, 2014 SEMINOLE ROAD DRAINAGE AND STREETSCAPE IMPROVMENTS EXHIBIT 'B' FEE ESTIMATE Seminole Road Drainage and Streetscape Improvements Atlantic Boulevard to Plaza Drive CITY OF ATLANTIC BEACH AprillO, 2014 Project Manager: Rick Carper, P.E. GGI, LLC (dba Genesis) 9822 Tapestry Park Circle, Suite 201 Jacksonville, Florida 32246 Tel: (904) 730-9360 REQUIRED TASK Hourty Rate Ill Professional Services Required 1 Review of 2012 SWMP Update and Existing Conditions Field Reconnaissance Existing Conditions Report 2 Surveying (see subconsultant proposal) 3 Preliminary Design Conceptual (30%) Stormwater and Streetscape Design Presentation Graphics (2 options maximum) Preliminary (60%) Stormwater and Streetscape Design Cost Estimating Final Design and Construction Schedule Utility Coordination 4 Final Design Final (100%) Stormwater and Streetscape Design Cost Estimate Update Final Schedule 5 Permitting Permit Preparation and submittal 6 Geotechnical Exploration (see subconsultant proposal) 7 Water Utility Design 8 Lighting Design (see subconsu~ant proposal) TOTAL MAN HOURS TOTAL SALARY COSTS Revised By: Date: Project No: 3351-003 Description: Seminole Road Drainage and Streetscape Improvements Atlantic Blvd. to Plaza Drive County: Duval Length: 3,327 FEET 0.630 MILES Sr. Prof. Project Project Landscape Engineer I Senior Senior Clerical Manager Architect Landscape Designer Technician Support Architect Total $155.00 $125.00 $110.00 $95.00 $90.00 $75.00 Hours Hours Hours Hours Hours Hours Hours 8 8 8 24 8 8 16 8 40 12 36 50 42 16 156 16 16 32 12 24 40 48 24 148 4 4 12 20 8 4 2 14 2 16 24 4 46 16 16 24 40 40 136 6 8 14 8 8 4 16 8 8 4 40 10 24 40 16 90 98 124 206 218 104 18 768 $15,190.00 $15,500.00 $22,660.00 $20,710.00 $9,360.00 $1,350.00 LUMP SUM FEES Expenses TOTAL LUMP SUM AMOUNT Jim Sullivan, P.E. Date: 4/9/2014 'EXHIBIT B' Cost For Activity $3,120.00 $4,600.00 $17,000.00 $17,290.00 $3,520.00 $15,980.00 $2,440.00 $1,890.00 $4,650.00 $14,520.00 $1,930.00 $1,240.00 $4,160.00 $9,900.00 $9,430.00 $5,250.00 $116,920.00 $116,920.00 $1,000.0C $117,920.0~ 2; c~ Ztl trl;l> \0 ...... . ....., Ntrl 8~ ..,.""' 00 tl AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Sign Amortization Jeremy Hubsch Redevelopment and Zoning Coordinator May 15, 2014 AGENDA ITEM# 8E JUNE 9, 2014 BACKGROUND: In 2002, the City of Atlantic Beach re-wrote its sign code, which reduced the maximum height for freestanding signs from 25 feet to 8 feet, increased the maximum sign width from 10 feet to 12 feet, and increased the maximum sign area from 80 square feet to 96 square feet. At the time these changes were enacted in 2002, there were 79 freestanding signs that exceeded the eight-foot height limit. These signs were then given ten years to come into compliance with the new code changes. In 2011 that ten year amortization period was extended to January 1st 2015 in order to be consistent with Neptune Beach's amortization. One thing that was not contemplated at the time of that extension is the fact that the date for Jacksonville's sign amortization for Mayport Road is 2018. Sign amortization is sometimes described as more of a postponement than a solution. The legal theory underpinning amortization is that the local government has placed the property owner on notice, and has provided sufficient time for the property owner to realize a return on his or her investment so as to avoid a deprivation of due process rights. Ultimately, amortization is a "balancing test" that weighs the private cost against the public gain. In doing research, it appears that ten years is generally accepted as a reasonable period to allow owners to realize the return on their initial sign investment. Numerous courts in Florida and across the country have upheld a municipality's ability to regulate non-conforming signs through the amortization process. The code changes enacted in 2002 created situations where a sign would need to be replaced, such as: abandonment, weather damage, alteration of more than 25% of materials (see Exhibit 1 for full list). Since 2002, the amount of non-conforming signs in Atlantic Beach has been reduced from 79 to 54. In that same time period, 19 new free standing signs have been constructed that meet the eight foot height limits and all other sign codes. Twelve of these signs are on Atlantic Boulevard and seven are on Mayport Road. As you can see on the map in Exhibit 2, the majority of the new conforming signs on Atlantic Boulevard are between Sailfish Drive and Aquatic Drive. Thirteen of fifteen signs between Seminole Drive and the Town Center are non-conforming (Exhibit 3). On the Neptune Beach side of Atlantic Boulevard, there are only five non-conforming signs between Seminole and the Town Center. Given property values in this area and market demand, asking businesses to come into compliance may not be as difficult as it will be on Mayport Road. There are currently 29 nonconforming signs in the Atlantic Beach portion ofMayport Road. Staff was not able to determine how many non-conforming signs there are in the city of Jacksonville portion of Mayport Road. Based on visual analysis of the corridor, it is clear that the amount is substantial. The City of Jacksonville's sign amortization for Mayport Road is not scheduled to occur until2018. AGRNOA ITF.M II 8E JUNE 9, 2UI 'l Staff Recommendations: Staff has severa l rec o mmendations. The first is to sync amort ization up with both Neptun e Beach and Jackso nville. Neptune Beach ex tend ed their s until the fa II of 20 14, while Ja cksonv ill e's wi ll not occur un til 2018. This proposal me ans kee pin g th e sche dul ed 20 15 amortization for Atlan ti c Blvd, whi le ex tending Mayport Road's unt il 2018 to match Jacksonv ill e's portion of the corridor. If bus inesses o n both co rri dors are required to come into comp liance by January, 181 20 15 , it will great ly exhaust staff resources and time. By staggering th e amorUzatio n, sta ff can foc us on Atlantic Boulevard and then use that ex perience to work with businesses on th e Mayport Corridor to prepare for 20 18. There is also no denying that right now there is a major difference in terms of aest hetics, rent ptices , and property va lu es between Atlantic Boulevard and Mayport Road. As the gateway to th e beach and Town Ce nt er, the co mm ission may decide to ho lu Atlantic Boulevard to a hi gher standard than Mayport Road. In looking at how oth er municipalities have handl ed s ign amortization, it was found that the usc of in ce ntive programs has great ly eased the conten ti ousness of th e process and speed their removal up . Staff would like to ask for money in next yea r 's budget to create an incentive program for owners of non- conformin g signs on Atlant ic Bou leva rd . Th is program co uld help offset the costs of re mova l/a lteration . Genera ll y 50/50 matches are the standard for these typ es of programs. Staff estimates tha t ro ughly 8 of the 25 non-confo rmin g signs on Atlantic Bou levard can be reduced by cutting th e sign pole, 2 can be con·ected by minor alterations, and 8 throug h major a lterations. The remaining seven would likel y need total replacement. Extending the amort izat ion to 20 I 8 for Mayport, would also give staff time to try to create an incentive program for non-co nfonnin g signs there and to start working proactively wi th businesses. There is the possibility of using fu ture CDBG funds for a sign removal program. Additionally, the city may exp lo re the creat ion of a CRA along the Mayport Road corridor, wh ich would be another mechan ism to fund an incenti ve pro gram. Given the cut Tent market conditions, an d lack of a long tenn redevelopment plan, staff be lieves it is in the bes t interest of all patties to delay amort ization to 20 18 for Mayport Road . Staff wou ld also li ke to usc thi s opp ortunity to consi der making c hanges to th e sign code th at relate speci fi ca ll y to amorti zat ion . One of those is lo create specific standards that would allow non-confom1ing signs to be granted a waiver. Currently, £he code states that a waiver can be soug ht, but does not have es tabli shed criteria for when one shou ld be granted. Another possib le cha nge is to require that non- conforming signs come into compli ance when a subs tant ial redevelopment happens on a property. Cu rren tly the code only requires a sig n come into co mpli ance if there are any changes to th e s ign itsel r, but docs not require it when any other improvements occur on a property. If amortization is extended to 2018 along Mayport Road, thi s provision would cnsuJe more businesses come into compliance with sign codes prior to the dead line. BUDGET: None. RECOMMENDATION: Request that taff drafl an ordi nance that amends the existi ng sign code to exte nd amortiza tion to 2018 for Maypot1 Road; establis hes specific standards for the granting of waivers; and requires non-conforming signs to come into compliance whe n subs tan tia l ren ova ti ons occur on a property. ATTACHMENTS: Existing non-conforming sig n code. Maps of cutTe11t non-confonning signs and new co nforming signs . REVIEWED BY CJTY MANAGER: _-:n--=-U---"'~ ....... a..-,-r;:...L...ldt~Wd""'-'>1::;"----------- PART II -CODE OF ORDINANCES Chapter 17-SIGNS AND ADVERTISING STRUCTURES ARTICLE IV . NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS Sec. 17-51 . Nonconforming signs . Sec. 17-52. Reguests to waive ce rtain terms of this chapter Sees . 17-53-1 7-60. Reserved . Sec. 17~51. Nonconforming signs. AGENDA ITEM 11 81~ JUNP-9.20 14 All signs, which were lawfully in existence and co nstructed or insta ll ed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by the provisions herein s hall be allowed to remain in accordance with th e following cond itions: (1) Freestanding signs, permitted pursuant to section 17-29 , made nonconforming upon the initial effective date of these amended regulations, which are not in compliance only with respect to the minimum required distance of five (5) feet from any property lines shall be allowed to remain in the existing location provided that no portion of the s ign is located within any publicly owned right-of-way or utility easement a nd that no interference with clear sight distance exists, and further provided that such signs are otherwise In compliance with the terms of this chapter. (2) Frees ta nding signs, permitted pursuant to section 17-29, made non conforming upon the initial effective date of th ese amended regulation s, which are not in compliance with respect only to maximum width , height or size shall be allowed to remain, provided that such signs a re otherwise in compliance with the term s of this c hapter. (3) Nonconformi ng signs, including those as described In preceding parag raphs (1) and (2) shall be mad e conforming with all provisions of th is chapter when any of the following c hanges are made: a . Any change to the structural supports or stn.lctural m a te ria ls, including te mporary relocation associated with routine main tenance of a property. b . Any change which increases the ill umination . c. Any change which in creases th e height of a sign . d . Any c ha nge, which alters the material used for the display area or face area by more than twenty-five (25) percent. e . Any replacement required as the res ult of an accidental act or a weather-related act. f . Any replacement of an aba ndoned sign. g . Any c hange necessary for compliance with Florida Building Code requirem ents. (4) The provisions of this section shall not be construed to apply to signs that are abandoned, deteriorated , dilapidated, or in a general state of disrepair, or which are determined to create a hazard to public safety. Such signs shall be subject to the provisions of section 17-33 (5) Notwithsta nding the preceding provisions of paragraph s (1) through (4), all signs pe rmitted within commercial and industrial zo ning districts, pursuant to section 17-6 of th is chapter, shall be made to confo r m with the provis io ns of this c hapter, as may be amended on or before January 1, 2015. (Ord Nt > GO-n2-12 . § l.. 9-9-0:>, O rd No 60 03-13, § 2, rl24 03: Orct No G0 ·11·1G, f;l 1U 10 11) Atlantic Bea ch, Florida, Code of Ordinances Page 1 PART II-CODE OF ORDINANCES Chapter 17-SIGNS AND ADVERTISING STRUCTURES ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS Sec. 17-52. Requests to waive certain terms of this chapter. AGENDA ITEM# 8E JUNE 9, 2014 Requests to waive terms of this chapter may be made upon specific application to the city commission, with proper public notice required, provided that no waiver shall be requested that would allow a prohibited sign, or any otherwise unlawful sign. The applicant requesting such waiver shall have the burden of demonstrating the need for the requested waiver, and that the waiver is not in conflict with the intent of this chapter. The terms of any waiver to the provisions of this chapter shall be established by order of the city commission. (Ord. No. 60-02-12, § 2, 9-9-02) Sees. 17-53-17-60. Reserved. Atlantic Beach, Florida, Code of Ordinances Page 2 1 • (/) c: Ol Ci5 0> c: '§ .E c: 0 () ~ z AGEN DA ITEM II 8E J UNE 9, 201 4 (/) c: 0> Ci5 ~ (.) CIJ .0 -Q) (/) (/) "0 c: Ol c: Ci5 CIJ -.c 0> 'Q) J: 0> 0> c: c '§ '§ .E .E c: c 0 0 (.) (.) I I c: c: 0 0 z z (/) c 0> U5 0> c '§ .E c 0 0 ~ Q.) z AGENDA ITEM // 88 JUNE 9, 20 14 .X () ro B Q.) (/) "0 c ro -..c 0> 'Q) :r: 0> Ol c c '§ '§ .E .E c c 0 8 y I c c 0 0 z z New Conforming Signs • Non-conforming He ig ht a nd Se tb ack Signs 0 AGENDA ITEM II 8E J UN E 9, 20 14 Legend 0 New Conforming Signs AGENDA ITEM II 8E JUNE 9, 20 14 Non -conforming He ight and Setback Signs Non-conforming Height Signs AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND : BUDGET: ATTACHMENTS: RECOMMENDATION : CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA IT 11M II SF J UNE9,2014 Request f rom the Friends of Atlantic Beach Elementary Sc hool Timmy Johnson, Recreation Direc tor May14, 2014 At the May 12 City Commiss ion meeting, Friends of Atlantic Beach Elementary Committee Pre sid ent E. K. Cottrell request ed ass istance from the City to resurface the running track at Atlantic Beach School. An estimate in the amount of $14,650 was submitted to the Commission with a basic scop e of work. A Memorandum of Understanding was agreed upon and sig ned by the City and the School in 2001. The City would assist with maintenance of improvements mad e at that time in exchange for use of t he improvements for public enjoyment. Section 3 Maintenance of Improvements and Property. City shall maintain, at its so le cost and expen se, the Improvements installed by it on the Property. Th e City shall al so keep the Property free from debris, trash and other unsightly r efuse associated with congregations of perso ns as spectators and participants in recreation or other activities during and immediately after City's u se of the Property . The DCSB shall maintain the Property and any improvements made by DCSB thereon and provide daily litter control during the sc hool year. This item ha s been added to th e Mid-Year budget Ordinance to be fund ed from Genera l Fund Bala nce Rese rve s. Estimate with scope of work from M clean Tennis Memorandum of Understanding Author ize the City Manager to provide assistance and funding to th e Friends of Atlantic Beach Elementary for improvements to the track at Atlantic Beach Elementary School pending on the approved funding by Ordinance No . 20-14-127. ~ REVIEWEDBVCITVMANAGER: ~ ~~2t£td AGENDA ITEM II 8P JUN E 9, 2014 McLean Tennis Atlantic Beach Elementary School Running Track R esurface Proposal McLean Tennis, Inc. FABE -Friends of Atlantic Beach Elementary 1015 Atlantic Blvd Suite 238 Atlantic Beach, Florid a 32233 Proposal 1747 Woodville Hwy Crawfordville, FL 32327 850.925.0212 Fax 850.925 .0203 lnfQ.@courtdoctors .com www .courtdoctors .com April 24, 2014 EK Cottrell -Presi dent Kari Ferguson -Treas urer Re: Atlantic Beach Elementary Running Track -Resurface We hereby submit speci fi ca tions and an estim ate for: Resurface Asphalt Runnjng Icack Surface SCOPE: Th e basic sco pe of thi s proje ct includes the Following: AGEN DA ITEM Jl 8F JU NE 9, 20 14 1) Clea n and prepare Track for new surfac~. Pressure wash as needed, power sa nd and gri nd as needed. 2) Examine Tra ck su rfa ce for any cracks and fill those maj or cracks with patch crac k fill er, then ove rlay cra cks with a fi berglass or polyes ter membrane as needed. We do not guarantee the cracks will not reappear. 3) Apply one (1) coat of Acrylic Re surfacing Materi al 4) App ly two (2) coasts of Acrylic Colored Surface Ma terial (red in color) 5) Line marki ngs shall be laid out and applied by quali fied technicians In accordance with the chose n governing rules or owners specificati ons. (whi te In colo r) REPAIR CRACKS AND LOW AREAS : . Examine Track surface for any cracks and fi ll th ose major cra cks wi th pat ch cra ck filler, th en ove rlay cracks with a fib erglass or poly es ter memb rane as needed. Prior to the application of th e finish surface, th e area sha ll be flooded. Any low places Which hold wate r shall be flll ed with a patching mix RESURFACER: In orde r to provide a smooth, dense underl ayment for the colored surface, apply 1 layers of Acry lic Res urfadng Material. Th is material Is to be used as a filler coa ti ng to reduce surface porosi ty and obtain a uniform texture prior to applying th e Color. COLORED WEARING SURFACE: Over th e Acrylic Resurfacin g materia l app ly 2 layers of color to match existing color. (re d) Custom or Co lor changes are avail abl e-ca ll for prici ng . LINES: White lines con forming to govern ing rul es or owners specifica tions shall be painted using Lin e Paint (100% Acryli c La tex) Disclaimers: Mn will exercise reaso nable ca re, but will not be held responsible for damage caused by nor mal construc tion ope rations (damage to sod, landscaping, sprinkl er lines, pavemen t access, etc.) Material and workma nship guaranteed for ~ under normal use. Venue for any lega l actions sha ll be Wakulla County, FL. Total Cost for work described above : $14,650.00 Payab le upon: Completion of Track Authorized signature: cf2odi1B!;t £a~~~~ Proposal valid for _lQ__ days Rodney Reams for MTI Owner or Owne r's Agent's responsibilities: 1. Provide any needed pe rmi ts for this constru ctio n. 2. Prov1de suitabl e access, water, and electrici ty . Price accepted: Authorized signature: -------------Date : __________ _ 1-·· .. Member American Sports Builders Association r · AGENDA ITEM # 8F JUNE 9, 20 14 AGENDA I TEM II 8F J UNE 9, 20 14 AGENDA ITEM II SF JUNE 9, 2014 AGENDA ITEM II SF JUNE 9, 2014 AGENDA ITEM II 8P J UNE 9, 2014 March 13, 2001 Ms. Alliette Register Atlantic Beach Elementary School 298 Sherry Drive Atlantic Beach, FL 32233 CITI' OFATL.t...NTIC BEACH AGENDA ITEM# 8F JUNE 9, 2014 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5805 SUNCOM: 85Z-5800 http:/ici.atlantic-beach.fl. us RE: Memorandum of Understanding for Use of School Fields Dear Ms. Register; Attached for your use is a copy of the executed Memorandum ofUnderstanding (MOU) between the City of Atlantic Beach and the Duval County School Board for joint use of the playing fields at Atlantic Beach Elementary School. The Mayor and Commission of the City of Atlantic Beach approved the execution of this agreement at their meeting of March 12, 2001. Two changes have been made to the MOD to correct for errors. The fust is on the third page, Section 7 "signage"; which requires the installation of a sign. It states "constructed on Duval County School Board property by the City of Jacksonville." This has been changed to say "constructed on Duval County School property by the City of Atlantic Beach." Second, Exhibit B, Item 2 allows for use of the field "3: 15 to 8:30pm (3: 15 to 6:00pm during Daylight Savings Time)" and should instead say "3:15 to 8:30pm (3:15 to 6:00pm during Eastern Standard Time)". I have initialed both changes on behalf of the City of Atlantic Beach. This letter is also to clarify a couple of the provisions in the MOU. Exhibit C lists "sod for field areas" as one of the improvements that would be made by the City of Atlantic Beach. It is the City's understanding that sod will be put in the disturbed areas that result from the grading needed to relocate and level the playing fields. It is not the City's intent to install new sod on all playing fields Second, Section 3 on page 2 states "City shall maintain, at it's sole cost and expense, the Improvements installed by it on the Property." It is the City's understanding that our maintenance responsibilities will include the irrigation system, soccer goals and benches, which are listed in Exhibit C. The school will continue to mo>v the area after the playing fields have been realigned as you have in the past. lf either of these clarifications does not coincide with your understanding, please Jet me know at your earliest convenience. AGENDA ITEM# 8F JUNE 9, 2014 On behalf of the Mayor and Commission of Atlantic Beach, I '"'ould like to express our sincere appreciation for your cooperation in making these playing fields available to the public. Land is scare in Atlantic Beach and the provision of public facilities to serve our constituents requires the successful cooperation ofpublic.agencies. I am, Ji~anson ftity Manager cc: DeJean Melancon, Chairman Recreation Board Timmy Johnson, Recreation Director Maureen King, City Clerk ATLANTIC BEACH ELEMENTARY (Name ofSchool) School No.#65 MEMORANDUM OF UNDERSTANDING AGENDA ITEM# 8F JUNE 9, 2014 THIS MEMORANDUM OF UNDERSTANDING ("Memorandum"), made and entered into this ____ day of __________ ,by and between the CITY OF ATLANTIC BEACH, FL., a municipal corporation, hereinafter referred to as "City" and DUVAL COUNTY SCHOOL BOARD, a body politic and corporate, hereinafter referred to as "DCSB". WITNESSETH: WHEREAS, the City and DCSB have entered into this Memorandum dated (The "Memorandum") allowing the City and DCSB to jointly use certain DCSB property and certain City property more particularly described herein for recreational and educational purposes in accordance with said Agreement and the limitations set forth therein; WHEREAS, this Memorandum ofUnderstanding for each DCSB property and City property sets forth in detail the extent of the use to be made of each property; WHEREAS, the City has authorized the City Manager to execute this Memorandum of Understanding and amendments thereto, on behalf of the City. WHEREAS, the parties desire to enter into this Memorandum to set forth the terms and conditions considered necessary by the parties to ensure the jointly used property is well maintained and operated. NOW THEREFORE, the parties in consideration of the foregoing and the mutual AGENDA ITEM# SF JUNE 9, 2014 promises and cove~ants herein, agree as follows: Section 1. Use. The City shall have the right to use jointly with DCSB the areas designated on the plat diagram or site plan attached hereto as Exhibit A and made a part hereof (the "Property") at ATLANTIC BEACH ELEME}.T'f ARY #65 for educational and recreational (Name of School) purposes only. The City shall have the right to use the Property for the purposes stated herein at the times set forth in Exhibit B, attached hereto and made a part hereof Section 2. Improvements. The City may install the improvements listed on Exhibit C, attached hereto and made a part hereof (the "'Improvements") at each locations set forth in Exhibit A All Improvements shall meet Florida Department of Education safety standards. Section 3. Maintenance ofimprovemenL') and Property. City shall maintain, at its soie cost and expense, the Improvements installed by it on the Property. The City shall also keep the Property free from debris, trash and other unsightly refuse associated with congregations of persons as spectators and participants in recreation or other activities during and immediately after City's use of the Property. The DCSB shall maintam the Property and any improvements made by DCSB thereon and provide daily litter control during the school year. Section 4. Correction ofUnsafe Condition. City shall provide proper supervision and safe conditions during its use of the Property. In the event either party becomes aware of an unsafe conditio~ said party will correct same if the correction is the responsibility of said party or will notify the other party of the unsafe condition. City shall be responsible for the correction of any unsafe condition resulting from the installation, existence, mamtenance or failure to mamtain the Improvements, or resulting from debris, trash and other unsightly refuse, associated with 2 AGENDA ITEM# SF JUNE9, 2014 congregations of persons as spectators and participants in recreational or other activities, placed on the Property during the City's use ofthe Property. Section 5. [Rl 0 Section 6. Utilities. (Check One): DCSB will provide utilities on the Property DCSB will provide the following utilities and City shall pay the following amounts: Increased Operating Costs. Any increased operating cost to DCSB caused by City's use ofthe Property shall be paid by City upon written notice of such increased operating cost and supporting documentation reflecting the increased operating cost. Section 7. Signage. City agrees to install a sign on the Property stating: "Atlantic Beach Elementary #65 Recreation Area'' and "Constructed on Duval County Atlantic Beach School Board Property by the City of~." Section 8. Title to Improvements. DCSB, at its option, may keep any or all of the Improvements installed by City on the Property and the City shall convey its right, title and interest in the Improvements "as is" with no warranties as to merchantability or fitness to the DCSB or DCSB may require the City to demolish and remove the Improvements on the Property and return the Property completely as practicable to its original condition prior to the installations ofthe Improvements. Section 9. Memorandum Period and Term.illation. This Memorandum shall be effective for the period beginning March 1.2001 and shall continue for a period of (§0) rnonths/5 years and shall be automatically renewed, unless terminated by either party, ·with or without cause, upon giving three (3) months written notice to the other party. Section 10. Notices. All notices required under this Memorandum shall be made in 3 4 AGENDA ITEM# SF JUNE 9, 2014 writing and served upon City by registered or certified mail, return receipt requested, addressed to City Manager, City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233 and served upon DCSB by registered or certified mail, return receipt requested, addressed to A.ssistant Superintendent, Facilities Services, I 7 0 1 Prudential Drive, Jacksonville, Florida 3 2207-818 1 with a copy to Ms. Alliette Register at 298 Sherry Drive, Atlantic Beach, FL 32233. Section 11. Amendments. This Memorandum may be amended form time to time by written request and agreement of the parties. The City Manager to execute any and all such amendments on behalf of the City and DCSB, respectively. ~ . Section 12. Association Use ofPcogertv. The City may allow associations, gwups or ~~viduals use of the Property for public purposes upon written agreement between City and the association, group, or individual, in accordance with the terms and conditions of the Joint Use Agreement. Any such written agreement between the City and the association, group or individuals must be approved by the school principal, or his/her designee. The DCSB may in its IN WITNESS WHEREOF, the parties hereto have executed this Memorandum on the day and year first above written. CITY OF ATLANTIC BEACH ~BY: i \ \ ' .)>. ~ -~ ~,.r!-". ~-.-.,.,. J o_~~g_ u -~- ~";::::;,. i IN-.... . r ---;---j ~ ! '· I ' ;: I I I r"J ..!. ~ ~-1,~ . ~·.~ r -~ q ' . ' • -~ ~ ,r , . • ! I _j u ~r . 1 -=-::::t:d-~---., 0 1' .•• ,~~, . .. ........ \ <At, ' \ \ ~"''".: -\_EJ. I . \ \ .... --. \-~ .... •;. . ' \ .... -. . \ .,.· .. .,.. .. ' ' .,... -~""" i.i SOCCER FIELD PRO.ffiCT ATLANTIC BEACH ELElviENTARY SCHOOL 298 SHERRY D!UVE., A TLANr!C DEACI l FLO IUD A E:xktb~t A riE-'-0 • \\. L !::P'>< !50 f\E-1..0 .. '!> leO " \00' ftei-D ,. <\ 1oo " 1 so· ·14e¥-1 1'n-AC"~•c."-rll=-'-o:; Sr1'e f'LI-.>-.\' ~ , ..... ~'·o' > 0 '-<1:!1 ez ~~ 'D ...... . ..., Nm Sa;: _.,_'II: 00 "!) EXHIBIT A PLAT DIAGRAM OR SITE PLAN REFER TO ATTACHED AGENDA ITEM # 8F JUNE 9, 2014 5 AGENDA ITEM# SF JUNE 9, 2014 EXHIBITB TIME OF USE BY CITY 1. Fields cannot be used during normal school hours. . . t::as,te,rn standard 2. Monday thru Fnday, 3:15-8:30 (3:15-6PM dunng aaylignt=savmg tJIDe) and Saturday & Sunday, 9AM-6PM usage must be coordinated and not conflict with Extended Day Program. 3. Each organization or group utilizing school facilities shall have a current approved "DCBS, Building Utilization Form,Request for Authorization" on file at the DCSB office. 4. DCSB shall have the right to object to any use of school facilities that are beyond the intended uses (soccer, football, basketball, baseball and softball) that is incompatible with school purposes. 6 EXHIBITC IMPROVEJ\.ffiNTS BY CITY The following improvements will be made by the CITY OF ATLANTIC BEACH, FL • Grading as necessary to prepare field areas: 4 soccer and 1 baseball • Irrigation System for all fields shown in Exhibit A • Soccer Goals ( 4 sets) • Benches (6 qty) • Sod for field areas AGENDA ITEM# SF JUNE 9, 2014 7 CITY OF ATLANT IC BEAC H CITY COMMI SS ION MEET ING STAFF REPORT AGENDA JTEM: Town Center Landscapi ng SUBMITTE D BY : Jeremy Ilubsch Redevelopment and Zonin g Coord ina tor DATE: May 15, 2014 ST RAT EG IC PLAN LIN K: None /\GENOA ITEM II 8G JUNE 9, 20 14 BA CKGROUND: The Beaches Town Center Age ncy is pl anning to ins tall new land scapi ng and hard scaping in bo th the Atl antic and Neptu ne Beach portions of the Town Center. Their proposed plans are attached to thi s report. Some of the proposed cha nges wil l take pl ace within right-of way ow ned by the City o f Atl an ti c Beach. As such, c ity staff has asked representa ti ves from the Beaches Town Cent er Agency to speak to the co mmi ss ion about th eir proposed pla ns. The City of Neptune Be<1eh Co mmi ssion will also be d iscuss in g the projec t at their May 19 111 Work shop. Director of Publi c Works, Rick Carper wo ul d like to ensure that the proposed cha nges wi ll not lead to hi ghe r maintenance costs by the c ity. At th e tim e of thi s repo11, this is the only potential concern staff ha s with the project. Staff wo ul d li ke the commission's direction on how to approach th e proposed insta ll ations. BUDGET : C ity maintena nce budget RI~COMMENDA1'l0N: Provid e direction to staff on long term maintenance of Town Center Landscaping, a nd offer blessi ng to the Town Center Agency to in stall new landsca pin g and hard scap in g. ATTACHMENTS: Beac hes Town Cen ter Landscape Plan s lU:VmW ED BY CIT Y MANAGER : -=2i~~:..._&/tJ~~~:::J.....6~~~=.=~..---------- AGEN DA ITEM II 8G JUNE9,20 14 .. .. ,. ,. ,. ,. • .. .. .. .. .. .. .. .. .. .. .. .. ,A .. "" "" "" .. _, "" "" "" "" ,;1 ,;1 ~ "" ~ ;;I ~ ~ ~ ~ ~ INDEX OF DRAWINGS NO . SHEET. NO. TilLE L1 -~ COVER SHEET I -----2 L2 INDEX O F ORA WINGS A TLA."fflC BLVD~IRA .. "iCE='P<fs .. ~-llBLOC:K 1 --·-3 L3 4 s 6 ----------------u ATLANTIC BLVD. • RAGTIME -NORTH BEACH BLOCK L5 A TLA."'TTC BLVD.-Ol\'E OCEAN-SEA HORSE PARKING ------- L.6 ATLANTIC BLVD ... ROID.'D-A-BOUT LANDSCAPE L7 L8 -- L8A --------------L9 FIRST STREET-BOOKMARK-200 FIRST ST. BLD . FIRST STREET -~EZZA LUNA -SHORELNE'S __ F_IRST STREET-BAR B QUE STICKS -ALLEY OCEA~ BLVD.-ONE OCEAN PARKING -OCEAN 60 .___, _, 10 II I ----L-10------------· OCEA.N BLVD.-ONE OCEAN WEST SIDE PARKING ------------12 Lll 13 -----:-Ll2 __ _ 14 Ll3 1-- IS 16 f-.------ Ll4 u s ___ _ BEACHES TOWN CENTER LandscJzpe and H ardscapt! Concepts -N eptwre and Adantic Be=h, Florida. r-...,. r.,.,-c. n..w ......_u,.•UJ ,.~ OCEA.~ BLVD.-ONE OCEAN EAST SIDE PARKJ~G LANDSC APE DETAILS ------=-LAND--= -SC-APE_ID_EA_S - HARDSCAPE IDEAS GENERAL KOTES INDEX OF DRAWINGS ~tUI'IIC'a..a...cLJIIA. ...... ===~~-.do~ NORTH ~,....... .............. \... L2 n1=1~ > 0 c:~ z o ;-:;> '¢--....; rvrri ~~ A :::, oc 0 ~ ~ ~ 1.4 """ ~ tli 'fi! 1- (/) 0 a: 'I 1- ~ £X.I.NilSCAPE RE......,_'<T,.£W""T'ERIAL S£EOETAILSHEETt.l2 NATIVE YAUPON HOU. Y Rf·l'l.A11f 'lEW Wr.TERSAL SEE D£TA.l.. SHEET L ~2. YAUPON HOLLY EDGE W/ KNOCKOUTS ·-----___ ----:---- PO'STAVERN AL'S PIZZA "-./ ..i...'.<._ ~ _. ~... . .... ~;,-·~ ~-~: -··"_ .. ·• .. , --:·_ -~ :..: -· --' ""'- NAl'lVE COONTIE .---~- OWAAF JASMINE OR NATIVE DECORATIVE PlANTER FLOWERS@ BASE OF PALMS BOWlS DECORATIVE FENCE AND OETAJ L BEACHES TOWN CENTER ENTRANCE -PO'S -AL'S -7-11 BLOCK Ltuulscape and Hardsc~ Concepts -{l;~e tnul Allmrtic: Jkach, Florida. ~·c..t.S.o.MJIIU.j"''f-7~~ ~4.1.~~~ ... ~..di"N/1~-..cJ~ ~~~ ti 0 ~ 0 (..) • ~------------ r HAPPYCUP ~-f.,.....~-• >--~ .,.... )..--:... ~R.~;.-~~ '-..J'-· . '~ PARKJNGLOT CRAPE MYR11.E. TYP. HEDGE ROW "0~ C-L3 OF16 ~·/ > 0 t.....:n cz zo w> -o -. ~ Nr:J :=s: .,..""' oc 0 ,. .. • • ,. • .. • • • ... ... .. .. ~ ... ... ... ... ""' ,#J J!t. A ~ ,. ~ riJit ~ ,/It ... .;Jt ,_,. ~ , l AL'S .. -·~ 1 I I ti 0 ~· <( 0 l) ~ <( w RfMOYE ex ~.ANDSCAPE -'RE-I'lAHT NEW ""rDI:AI. / SEEOi:TAI..SHEETLt2 M ~ ~ UJ ~ C/.) ~ UJ C/.) RAGTIME TAVERN AODKA."S"'G~\~ PARKING TO POLE UCKlS A T LANTIC BOULEVARD ·-EX. BENCh'ES \ -siKERACKS PARKING -.. ;'-., -:.·~-._···"- ·.,.... -. ..:. -:: .. :::..... ' NA T1VE COONllE BEACHES TOWN CENTER RAGT~-NORTHBEACHBLOCK Uvufsctzpe and HardsaJp~ Conupts-N~ptunL IUid Atbuttic Buc::h, Flori41l c-..o.,.. c-t~DooM -m-nn ~ ~..UIIn'UG....:::C.~. ~A&I'-~.c.--... "'r .... ~c::JIIIK ------ D 3 In ~ UJ (.) 0 L9 I \ 1.-- r SEE SHEETL8 NORTH ..... -,...~1 .......... ..,_;;.~ L4 {)~11'; > 0 ~n cz zo r:;> \0 -~ -l rvtri =:s: A'<:: QC 0 .. • • • .. • .. .. .. • • ... • .. .. .. ..._ ~ .. ~ Jill' ... ... " ... I! ~ ~ ... ~ ..., ~ i#l# ~ ~ A --.A tSEE SHEET r- 1 . . I _)l OWAAF JASMINE OR NATIVE FlOWERS @ BASE OF PALMS ONE OCEAN PARKING LOT WHITE FOUNTAIN GRASS lYP. HEDGE ROW REI<O\I£ ex '-"''SCN'E ADO STAK£SS STm. ~HT F£NCEW;..'EW LA.~5a;OETAL ()t;SJEETlt2. ENTRANCE TO ONE OCEAN '---"co AA'IGI....ci 8ASKETS ro POlE UGHfS ., ~ ~ ...l l \ I t- UJ \ ~ \\ U) '-...._~ ~ Cl) SEA HORSE PARKING LOT MIX NATIVE FLOWERS DECORATIVE FENCE AND DETAIL BEACHES TOWN CENTER ONE OCEAN-SEA HORSE PARKING NORTH ,........_ _.,......_ Landscape and Hardse4pe Conupr:s-Nep/IJ.tle tzn4 A.rllmtU: Btttzclr, Florida ~.,c-.~s.o.M _,,_,w ~ ~.U.I'IC7tlll0.~~ .. ~~~-.u~ ----'-~ L5 OF 16 > 0 ._w cz :zo r:J> ... ...o :3 Nr:i ::3:::: ~,., oc 0 • • • • • • • • • • .. .. .. .. .. .. V) .. ....::! .. f- UJ .. ~ .. ;:c V'J ~ ~ .. V'J .... ~ ..-... -' -" ... ,It ,.19 .. ,_, ..-, a ... WHITE FOUNTAIN GRASS a ..-. ,;, ~ -~r w u 0 \ \ ·r;:=--==-l l II-_) -- ' ONE OCEAN jl I PIA~ I SEA OATS, wt<.TE -FOUHT""" GIIASS. DUNE 51/~ Fl.OWER,MT\IE ~---~ )"~ . ·. ~ ~ ~--~ • It '1 I -r-----1 R.O.W . ..v · SEA HORS E MOTEL DWARF JASMIN"E OR NATIVE FLOWERS@ BASE OF PALMS MIX NATIVE FLOWERS BEACHES TOWN CENTER ROUND-A-BOUT LANDSCAPE !:-~e ~ !!~ C?'!::l!~-.Veprwre and A11antic BellCh. Florida ~~~-'ii""""'""• JIC~~-Clii'ICUft_-.-..o,_, ~~ SEA OATS DUNE SUNFLOWER 1\.'QRTl-1 /""'-. ~ ...... \_ L6 OF16 > 0 ...... w cz zo rn> \C-• --l IV(!") ~~ A:,:: oe 0 ,. ~ .. .. .. .. .. .. .. ... .. .. ... .. .. .. ... .. .... ... ... A A .. .. A A .. ,. a A A .. A --~ ~ '~'\:~ SLIDER'S ~ ./_ ,r;.~-~ BOUTIQUE I /.LILLI E'S / / / / / / /, •' . . o_ ~· ~''---'-~~ ;' . / / ,~ :?~~UNIQUE / COFFEBAR «./209FIRST~T. REE1 -.~---_ -_/r/" / ::,...-:...-_,.,//_/"" -'///,// / --;///~. -~ ._ RO.W. __ _ __ • __ ~~ ·.-.~~ .. """"."-+'. -·--· -~ · "-~/~ • b--~ ·· .,_. __ ___ _ _ _; ~~~~~=-----AOOFDoCEAAOU'<D _,_ (_;~J ·~~'-l.~J '-'-'·"'-···o ---;_; -9 lil--~:'= .':':':":::·:·:~ ~BIKE RACKS TAA....s PV--'<T ..AS>C~<: "'' ~ =-j:."=-.::-!l _ ,/7--, ,..-, r.~ r. :'\. ~ /:' ~ ~ _ ,.. _ _--.._ r ~ ,.-::-"\ ., ~ ~ BIKERACKS ~I tlJ • 'bE! _:.*-;~~~~~~~/\_~ . ~~~~-~ :~~~~'<·~,-/ -i-· ~ 0 a:: 'T"'. -_ ... ' ' "-, ' AD0 ....... 7 .... ~~ ~ '. ' ""' PARKING " ' f 1-(/) ~ ~ = "'-" • • ' , ·-TOPOt.EUGKl'S ~ ~' ~--"""·.);,. ' ""' , ,_._.. 1--l le--"'5 --_.. ' -~ ~ •• ' ... -;.c~ w u e ~. -' ' '-·-~-· "-"1 -ex. SABLE PAlMS ' -W -~ :!~~~~ -!SKWEEX.IA'OSCN'E FIRST ST REET , ~ g , / ~~..:=~ ' ~ (/) ;,.-= / iiE!•::><ES ~ 3 ><= AAOCS EX. DATE PALMS-Z ·-~...-::::::-., .... -,~ r---~ --.... -~-0 ~~ ffi)-r=.~·f~ \ .•. .,. ' '-----~-_____./ -._J ·-'lEW~ ·ADO TO ~-.c£ al"l'RACl WHITE FOUNTAIN GRASS .,~--, ,. __ ~ .. -~~ ,.-..4-~~~ -t!l) ~---~ m ~""' =-'':dit .•:., ~\';•-. -:FI"•"~ • -...._,_ ~ ' \ -----r ~ ' , . ~ I ~-• ~ -w ....____ -~·---/ -,__ ~ ~ ~ -~ ~/ -r -\. :/--·.:", -· -~......:r. -~ --R.O.W. J ....._ _ ... _,.., '-· ,,..,.... .• __J "'-.0<90/E--'UASPAAI>ruS I / -,._r • -~'r=' ;=....~ ._,_ ~ ,. / SHOPS ;" _, ,"' 'f!-, .... · -.:a;:~F~~ ,~oc , o -o -,.o .... ~ 1)~ ~-- . ~ ... Q . <"o .C.· • ·-· 0 8., 0 ·~ ~:'(,~ -~ -~ i:~ < C> c: .,~ ..:-- 0 :~· .. -.,: :~~~ --~ ;.. ...... , C' ·~ . DUNE SUN FLOWER f EAN -REP\.ACEW':NA.T'IVE ! ..-Jt/ ,....,··>-:_ I -~~~ ... n~· • iWPr~;~~ . ~ ~;:~~ij /~·;_r-~ • -AOO F~ AROUSO _/ 00 TRANS PUWT _.._. ...J JUN IPER BLUE PACI FIC --... :~~-. ... .. '-· '· -lll -. ---": ·~~~~!._;. ~~}--- '.' ;'. _-.~~~<~~,:. E-~ w ::c (/} ~ ~ C/) Ill!' I!! lit! YAUPON HOLLY EDGE W/ KNOCKOUTS DWAAF JASMINE OR NATIVE FLOWERS @ BASE OF PALMS DECORATIVE PlANTER BowtS '1> • ~ ........ . ---.; ~:t:.- • :; ~: -.... -~:::-~. -. ,._ ' . -.a NAT IVE COONTIE M1X NATIVE FLO'NERS BEACHES TOWN CEN TER HRST STREET -BOOKMARK -200 FIRST STREET Lluldsazpe tuul Hard.scye ConceptS -.Veptune tuul A thznlic Bem:h, FIDrida c-qo.,., c-IS. />oM _,.,_,JU .-.. ~e&I'IIO'tUX.ji.Q.~. .:::-cr~Cliii.'OCD'ft"ac.cs ...... STREETSCAPE /~--' z r_ )o ~ ~ X" • :t: L7 OF11> > a o:,_C7) cz zo r-J> ~­• -l tv~ :=s: ~~ 00 0 ~ ... ~ ... .... ~ ... ... .. ... ... .,II) ~ ... ... ... ~ ~ ~ ~ ~ ~ .-!' ~ ~ , ~ ~ .Ill) ~ // NEPTUNE BEACH ~ .. ""'-~ }'ffic tTYHALL ~ ~ ~ I%" dL/ d -·_, / _/.'-"/'-"~"-"'-"' _: ~·..,. -··-ADOrOONALBRICK ·- ADOPt.A."-'lCR """"" . .,.,. '-" ,.., ,.,...._ """' / ""-" r;::; ·:=>:... ~~.M ·;~,. -:-7A"M'.r~iiVA":~&aQ-"'.A~·y;·=•-~-~ W'···~ ~ ~~ ~ex. SABLE PALMs ____ , I , ,_/ • T77 / / /> 7// //. / / ,. / ~/ >' .,..,.-:: . /// / . /...A "///;::;,/..:%"NORTH BEACH :,/~ , ... / ...... ~"" .. _ / //': / ~-";:(~~~.-;;/~,..,.,.; ~/-%-/;0;; FISH CAMP . "}; / -~ // ~--//~///' 'l/::-0 /~;-/. // /~ / ' /M"E~LU~f-/,--%0 _0-·y~%W~: -'""'--·~::-'_,.· /,. --- A:)!) P!.ANTER 110\'A.S IIEI«:f<ES & UCE RIOCS -O!GO<Sf~ AOD PEA GRAVEL. FIRST STREET REJoiO'>IE EX.IA..csc:AI'E - RH'lA'"T '<EW MIITER<I.l SE£ :lET All SHEET L t2 . .. .. /~-.~ -' .:..>~. ~. -.;~ . ·_ ..... ~ I:'HT STAN.ESSS'I&l '-.. ~ • WtJASt.Da: AND ......... .J H!;X;EIIOW ' --~"- AIIDITlClOW.IIAIQ( ADO "tA'ffffi BOWlS BEJ..~& BICE RACICS -~-HUt' GaASS..'SOO 0 z ~ ii: ~ ~ .. HEWSABU -FAL\IS SEA HORSE PARKiNG 1t HT STAlKLESS STEB. F9ICE WIJASW.E . ' f .::-.;.., BAR-B-QUE ST ICKS ''~~--.. SEE SHEET L8A .... ~., , .. __ - DWARF JASMrNE OR NATriiE FLOWERS@ BASE Of PALMS PlANTER 90WL NATriiE COONT!E / BEACHES TOWN CENTER FIRST STREET -MEZZA UNA-SHORELNES L(UI~ (Uid Hardsarpe Concepts -Neptllne turd . .fllimlic Be=Jo. Floridiz .,...._.,..c-J.S:--J71-1UJ ~ ~--....u~~-~ .. .. --~--~~ ....... , ~-c~ ----- JASM.NE ON FENCE L)ts ---:2> ...... ---= ~ ~/ :c 0 L ~ -al () 1-z <i _J !;( V) .....l E-~ U) :c C/) UJ ti.l (/) L8 > 0 '-::1 cz zo '-1> \0 --.....;: rvcn :::~ A:::, 00 0 • • .. .. .. .. .. .. .. .. ... .. ~ ... .. ""' ... .. ~ ~ "'! ~ J!' ,J!4 r#!t ~ ~ z 0 ::;E w _J 12, ffi ~ ("/) Ul Ul ("/) DECORATlVE FENCE AND DETAIL mr -YAUPON HOllY EDGE W/ KNOCKOUTS :...;,'~~ .... ...._:'"': -_ .. (f$"' :. --~--- ....... --. -... -.=.. :. -"';.. --· : ::-.. •t-_· NATlVE COONTlE EX. FENCEA."'IGAT!- .t: .,.-,_ $TA..'I.£SS s-m._ -~i"~:w~ .. ..., -~:: ", '·"< ""~--~ .1 BBQSTICKS -------------- ALLEY BEACHES TOWN CENTER lAndsCD~ tu~d H11rdscap~ Concepts -N~pnme and Athlntic B~tu:h, Florida "--¥GwoiS.DotM -•-,.,w ~ PARKING 4'KT STA.."'LESS~ FE>a-- ;. ~--~ / \_ EX. SASLE PAlMS SEA HORSE PARKING LOT ;(:'"\::·-,' ·jTi:E~ .. :--. -~·~· ~~:·_-?:~ ~~:~~ -----D:::CORATIVE PlANTER BOWL PNUT GRASSI'SOO NATIVE IMTERII\L@ BASE OF PALMS ~ MEOJOOL DATE PAU.I DWARF JASMINE OR NATIVE FlOWERS @ BASE Of' PALMS ENTRANCE TRElliS SIGN TO TOWN CENTE.RJSHOPS BBQ STICKS -ALLEY ...a--......u~~"­ .__........__~.c..s.-..u_ ~~~----- ~IX NATIVE FlOWERS Iii mg PlANTER BOWL JASMINE ON FENCE c.__\\~ ~~~~ 0 > _J co () 1-z <( _J 1- <( l(") ......1 E- Ul UJ ::r: ("/) u:.l Ul ("/) L8A OF16 > a ~m cz zo w>- -.o --_; tvr.i ~~ A, 00 0 ~ \\ ~ ' ~ ... I ~ ,d) !--I i' SEE SHEET L4 \ I t: I I( \{ _· -. · .. , .~ ;r~: --~ : ___ --~:~t;.{~ ... C: I ~~ . RAGTIME TAVERN I ~--· :. -~-.· ... ~\ OCEAN 60 ~~-,___ ~ n1 ' MIX NATIVE FLOWERS =------" -~>;-:~ ~ i r., '\' __ · ~--_ __ _ _ _ , '"'"'"7"'-.,. -----==---"' , I I I , R.O.W. !... I r' ----· I ---· -I 1 fL 0 -~ --· -~/'·-,, .,. -=--cr -,...Y \ ~. ~ ~· , ,.--::::._ ~ /--::-.. 1'~, ,.,..~ /---" ~ .... ~ ~ oo P ~ ~·\1 _.~.(_~4~-.-2 ~J.(: •~~~~=-.':""• ....... -=.~·~•~ •7-tiJ ~ t:: ~ :,.... t.... \.-. ~ ~ ~ ~ ~ ~ .....J J _::::,; • ~'-,..£-":_;::::;. '-_../ ·....._ ~---.:::=7~--;;.:::_/ '-....-/-..... _ __,, ...__.r "'-....-/ '--7 '~·' '-.... I ~ W ~ ;:;p.....-"" U1 ~~ . /J 0::: f-w ~ I ~ UJ .:::> REMOIIEEX.~ IIS«)\'EEX.I'SPARAGIJSFEAA (/) w ~ 0 I RE.;>UNT'-EWMATERlAL OCEAN BOULEVARD M"DRE.PI.A'<T'U''""'""',.__ I ti.l ......... SEE C£TA!. SHE£" l 12 OR l.EAVE AS S Z ::r: rn en J All SIGN a: rn UJ () ~--~ ' ~ '\_ .. '._ ' "-IIEYOIIEEX.IA'Insc.>Pe /, ill r .~ -~:;;-~?..... '\ ~ \, " ', "' '-. '~ "\.RE..fllA."fTNE'WWATERW.. ........_ ~ w I-~~ ~-.i~;--y_ • -~ ''>: ., '\;PARKING '\. ' "' SEE~AI.SHEET L\2. • '' . I ~ ~ 2 ~~-• ' ,. ----~ ~· , , ~ ' ' "-.. "--~ _ ;~ <( rn ' -=~\ <( , • -• :· .4"-·~?:\ /,' ~ ~ ~ ;;, (';.., :"", J;;_-. ~, ).. • • ' . ]\--~ '-"~ -~=-:_~~-~--:,~~~~~~ ~~~~~# ~" ~ =';--~-, . t) "'--..;. AODIOOMI.IIAOCK 1;--i. ... . ADO PL»mRBOWlS 'l! • . t< 8eOCHE.$ .. B><E RAO<S ~P./ -... . -; ... , ONE OCEAN PARKII'IG LOT !:/'"' '-ADOUEll.IOOt. DA.lOPAUI O~COASER~ BED RE-00 LANC>SCAI'£. SEE SHEET L5 v = 4'1<'" STA.hl.ESSSTEa. -....._ ::...-""" ., -'- "-, ... c \ -:· ·~. ":-iil ,, j.t-.'lr,. . .. ' .. :·:~.;.~~. >~;::~~ ~ -lil YAUPON HOLLY EDGE W/ KNOCKOUlS -. ........,, ' . / ..:.:_~':., .. ~' , .... -~-~ .. ''-·.. -~~-- ::. ::-..... NATIVE COONllE O N E OCEAN OWAIIF JASMINE OR NATIVE FlOWERS @ BASE OF PAlMS BEACHES TOWN CENTER OCEAN BLVD. -ONE OCEAN PARKING LOT -OCEAN 60 ~ 4l1d Hardscape CotU:Lpts-.Vept:u:llt! tUrd Al/4Jo..Lic Bach, Floriihz ,_,..,., c-.IS.DoM -"""" ......,._ -........ ·-·· ~~~~..-o ------ PlANTER BOWL -\' z -~ ...... '0 :=:::il ~ L9 OF 1n > 0 ._~ cz zo m> :0 ::::3 tv~ ~~ ~"" 00 0 ~ I - ~ t: :.. ~ ... ~ I.e \.e ~ \.e ~ ~ ..e .-@ ~ ... .. .. ... ~ .. ~ ~ ... ~ ~ ~ ~ .. rll' .. ~ .. -~ r • .• ~, \~~ -'-.r-~ //;' ~/ w, ~ ~J E-< Ul I ~ ' en I -~ UJ t-f'·J ..,..._J.Ll. ~~ X~ en ~;~ )<=,!, (r-1 'xj <~l ~~ 1-w w a: 1- C/) z a: w I <( " ~ ~ ~ I " '; "' " --1" "' ' ~...:~ '\ . ' . ,...--1 'tS' \~-~== \.._ I \ / ~ ~~-j:/~.8 \ OCEAN BOULEVARD YAUPON HOU Y EDGE WI KNOCKOUTS .. ·---;~/--. .. ~ ... :._ .. t a.1 ... .... .. . . .... -:· --· : ... . ~ _, ;-::·.... ..,._ NATIVE COONTIE DVIARI' JASMINE OR NATlVE FlOWERS@ BASE Oi' PALMS ONE OCEAN PARKING l OT / / ~//.....:'-L r: ·=·-~ ·. •gt,;;·-~~ ~~~Jfs':': .. ifi!.t::::rv~ :,~~E~~l:!t~~ JASJ.~NE ON FENCE P-NUTGRASS R.O.W. -. . ---~._,___ ) l • -'"" ~ A:)() 8RIC:K fRASH CA.. 'iS "''CD !leCHES DECORATIVE FENCE AND DETAIL BEACHES TOWN CENTER ONE OCEAN-WEST SIDE PARKING LOT .c· \\ ~ Ltuulsar~ and Hardsctt;pe Ctmceprs-NqJtu111! and Atlantic Beach, Florida c-..-'r-c:-./S.-~l..:JD ......._..,.__ ~~I'IICJUia..-"-~· ~~~-..cJOO'l.l' ------- --:D ~4 "x --v, " J ...... en -i (/) -i ;o m m -i L10 ru: 1~ I > 0 ~r:: cz zo ::J> '-0--_, tvr-:1 ~3:: -"'::o:: oe 0 1ST STREET 133~1S N~3H\f 1\GENDA ITEM II &G JUNE 9, 2014 ~ ~ .. .. .. .. .. .. .. .. .. ... .. ... .. .. ..e ..e ... ... ... ..8 ... .. ..e ... .. ~ ... ... ~ ... ~ .... ... .. ~ ... A L'S PIZZA c tfT S"'".t........ess ST'Ea F£HCE • WYJASOCE PIA-"T'E O ON F~ &.OR k£OCE .trM.l'EJtAL. ..... .... ·--·:;..;.-:_ ~ ... _ . . . .• .:.,. ... "':--'\ . ·: -_ .. -~ ·.• . ;.\:·· -. .. .:..· '· MIX NATIVE FlOWERS • AOO<rlCIMliiAICI< ,-ADD P\Nfl'tRSO..U SE.-.c.ES £...., ...o<s Rao011E 5 PAlMS & lS '-~ "'TTTSl''RRAA. _ _1, .(tx\ . \~ {Z~> <:~-~d ~~ .1 (\'. . \ . . \ . . ~ •. . . . Nf .. .,., . \ . REMOVE ASPARAGUS FERN RE.f>I..ANT WICOONTIE. NATIVE' FLOWERMLX. \ '\ \ \ s><RU8S. ONE OCEAN PARKING LOT '<>lOCI< our 110se:s. aNAAE "(NJPOH ttOU.Y. NATI\'f: MIX A.OWERP~ I\IXE!oTS. / W>CTEI'Olh'TAiN GAASS. ~tt CClOHTi£. E'JJtClfi'EA. ... FA."i g . .,~C, . PN..MS ,f';~g =-T ~,;z~_ .}>\' . \· \ REMOVE ASPARAGUS FERN \ RE-PI.ANT WJ'COOiffiE. NATIVE ~~R~ \ \ . ADOillOIW. eAQ< AOD PtA. '<fER 80WI.S &eOES '8loCE RAQCS REMOVE$ PALMS & lS \ 5' • 6' DIA. CONCRETE PLANTER BOWL PI.ANT PERENNIAL NATIVE FLOWER MIX-" / BORDER/EDGE: JUNIPER BLUE PACIFIC, DWARF YAUPON HOU. Y, COONTIE SHRtJBS K>olOQ( our ROSES. r:JNN>F VAJ.J?OH HOUY, \All\1£ >10C Fl.O' ... '£R PEJIEio"'-'lS occe.-s- 'NHITE F()fJ.'\ITAJN GAA$$. CX'IO'ri'TE ~ FA.'i PAlMS SEASONAL ANNUAlS OR NATIVE FlOWER MIX I . II GAOU"'i.O OI7II£R. t-S!AllC JASM!<.I!LUIEP~ I ,, ' BEACHES TOWN CENTER TYPICAL LANDSCAPE DETAILS La.ruls~ an.d Hardsctlpe Conapts • :YepDLIU! an.d Atlantic Beadt. FloridD C~tr-{A,fll~o.M fN..S ... I-1JI:! ~ ~..u.~-.q.~Lot .... ~....V-CIP'ICIJ'ft.&~ilt'\L .. ......... (W:I,ID&~ THE BOOK MARK ---- EX. SABLE PALMS -SHR18S.: 1(N()O( our ROSES. DWAAF VAIIPON H0U. Y, "-'TliiE WO( nOWER~ \ '~BORDER/EDGE: JUNIPER BLUE PACIFIC, DWARF YAUPON HOLLY . COO NT IE CECORATIVE FENCE AND DETAIL fi.'OflTH ............ ............... \.__) L12 "r-•c-> C) c.....CT: cz zo w> '-0 -• -l Nt:'J ~~ -"'-~ 00 0 ~ ~ r! ~ ... ~ t: r! t: r! --~ ~ ... ~ ~ ~ ~ ~ YEUOW L.ANTANA WHITE FOUNTAIN GRASS RAILROAD Vlt{E DUNE SUNFLOWER PURSlANE STREETSCAPE IDEAS BEACHES TOWN CENTER LandsctJ~ and HardsCDpt! Conupts-Neptune ami 1Ltla1tlic Buzch, Floridll .,_.,. c:-.IS.t>.M -.~~--= ~ JUNIPER BLUE PACIFJC KNOCK OUT ROSES GAILLARDIA DWARF YAUPON HOUY LANDSCAPE IDEAS ~4UI'liCft:UI..-...L""""'" ~.-,..~.ccr...,-u.; ._,..~ ASIATIC JASMINE PERIWINKLE PNUTGRASS NORTH .............. / ......... \...._j L13 OF1!'i > 0 ~CI'; c:z zo w> \0 -: ~;5 :=3: ""'"" 00 0 ~ t: '..e ;.. ... .... ... ~ ... .... ;.. i.e ~ • ~ '.8 ..@ ;.., i.e ... ~ =..e !.e '..f! ~ ~ '.e ~ ~ ~ :... ~ :.e ~ S TO 6" LONG RECYCLED PlASTIC BENCHES • 20 YEAR WARRJWrY • 7 YEAR FINISH VARIOUS COLORS STAINED CONCRETE BENCHES· VAR. COlORS JAX BEACH TRASH CAN DECORATIVE CONCRETE PlANTER BOWL IDEAS· S TO 6" OtA. DECORATIVE 4 ' HT. STAINLESS STEEL FENCE IDEAS BEACHES TOWN CENTER Ltmdscupt: tUJd Hard.o;cupe Concepts -.Veptllne IUld Atllllftic Beach, Floridtt c-.ot..: c:..IS.DeM ""-S71·1111 ~ BIKE RACKS TO MATCH EXISTING PEA GRAVEL MULCH BOUAROS HARDSCAPE IDEAS ~~~ItA..., .. ~ ... ,..~--..s~ ---------- 30 GAL RECYCLED PLASTIC TRASH CAN 20 YEAR WARRANTY· 7 YEAR FINISH HANGING BASKETS COQUINA ROCK RETAINING WALL ~ IL14 '-...,-()t: 11': > 0 e-C:: cz zo :::i> .-.o :::::i even :::s: A::;: :.0 0 • • • • • t • • • • • • • • • • • e e 8 e • e e of} ~ ~ ~ ~ .8 ~ .8 .. .. A A ,//) A A ..a Grow .S~art. ~: Gro.w -~~~~ri ~·f:~nd!~ .. Resources ...._._, ___ t-..: -~ F~o.Wa'lw6sa tr .,., .... st~J-.....~ OS2) )9)•1 5l 1, o.l.Zt.l' ~-­~~ ..... ~alfaos~ .GICaCS'"C"''ft')'~GIIIMCr..C c6-r~~~~~ ICIW'cc..n~ UF ~~= Allllilt .... __ ....,.......... ~ n.......,._"-dMM_z:wtboo .. ktU~ll•--.... s.--~~~~ .......... "'lo. ~.~~~a~-.... ~\et.oa~~-..,.~~ ---~~-~---.. ,_, ..... ~s.c--U..liSo ••....,.... .... ~ ........ ~~­ .......,..,~,.~--.10!11111-----­ -o...•~...,-~ ... ~~0 ----~ .............. ,_'ii!te F~~JO& '~~as·~ ;we-oa..;oos-.... ~~' oTo:(~t: ... ,Fuul-~!- florj~tJ~~~B~~dly I ~-'!~dsc~P.ing ~~.... ~ _ .j:.. The,Imart ~a2'l~~ro":'. ~ _ ~~ GEN ERAL NOTES PAGE STILL IN PROGRESS BEACHES TOWN CENTER lAndsctloetvrd Htrrdscape Coru:qts-.Veptune tvrl! Atlantic Beach, Flori.t!Jz GENERAL NOTES ~-<IU#IPl.UI. .... ~· A~--~~._.._ ~~ NOimi -""" / ....... \..;._/ L15 OF16 > 0 '-~ cz z o w> \Q-. ...; N r.j ~:s: .c.,., 00 0