6-9-14 Amended Agenda Packet 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
June 9, 2014 - 6:30 PM
AMENDED AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Regular Commission Meeting of May 12, 2014.
B. Approve the minutes of the Workshop of April 28, 2014.
C. Approve the minutes of the Pre-Budget Workshop of April 23, 2014.
D. Approve the minutes of the Commission HRO Workshop of April 22, 2014.
E. Approve the minutes of the Town Hall Meeting of April 16, 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 April 2014.
Amended 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 of Elevated 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 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.
7. Action on Ordinances
Amended 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.
Amended 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
Amended 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)
Added H. Appointment to the General Employees' Pension Board of Trustees (Commissioner
Daugherty)
Added I. Appointments to the Cultural Alis and Recreation Advisory Committee
(Commissioner Daugherty)
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.
Eve1y 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
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
~rz~
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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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 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 $7,416,681.00 1706 I 1512
PERMITS ISSUED FOR THE MONTH OF APRIL 2014
NO. PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED
SINGLE FAMILY ! 1 I$ 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 I$ -$ -
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 ;p .;)UU.UU ., -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
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:
SUBMlTTEO BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROU N 0:
ClTY OF ATLANTIC BEACH
CITY COMrMISSJON MEETING
STAFF REPORT
90-Day Ca lendar for th e Ma yor and Co mmi ss ion
AM END ED ACJ I3 NDI\ IT~M II 411
JlJNl· 9, 2014
Yvormc Cal ve rl ey , Exec uti ve Assistant to th e C ity Manager jc....-
June 3, 20 14 f
No ne
The 90-day ca le ndar is jncluded on th e agenda for the p urpose of setting
meetin g dates. determ ini ng th e location, time an d whether or not to
vid eo tape specia l meetings and workshops if the Commi ssion des ires.
The ro llin g 90-day calendar will be revised afte r rece iv ing input f rom C ity
staff a nd th e Co mmi ssion an d will be included in eac h agenda for
co nsi deration.
Specia l no te :
•The HRO Wo rkshop ha s been resc hedul ed for Thw·sday , June 191
"
at 5 pm.
•A wo rk sho p on the Police Building is schedul ed for Monday, June 23 r11
at 5 pm .
•Bu dget Workshops have been te ntati ve ly sc hed ul ed for th e following
dates:
Tu esday, August 51"-Spm
T hu rsday, August 2 1 81-5pm
Thursday August 28 1"-5pm (if a 3 rd workshop is needed)
BUDGET: Nooo
RECOMMENDATION: Approve th e 90-Day Ca lendar for June throu gh August
ATTACHMENT: I ) Mayor and Co mmi ss ion 90-Day Calendar (June through A ug ust)
CITY MANAGER: ---n ?~ dt:<../V
COMMISSION CALENDAR
'
June 2014
~ II.Ut~ll7•'"l lJl!l:..."tn•'" ~\Vath.'l~"tU•'T WJif:«tYJ.1Y IJ:I flltTtli.V ~tltltli1\Y
1 2 .3 "' 5 6 7
8 9 10 11 12 13 14
Commission Mtg
6:30 pm-Chamber Due Date for
(lnvoc-Woods) Agenda Items
Videotaped
15 16 I 1 I 18 19 20 21 I HRO Workshop
5pm
(Videotaped)
.,,., 23 Police Bldg 24 ?-26 2-28 -_;:,
\\ or!;shop 5 pm
Commission Workshop
6:30 pm-Chamb.:r
(Videotaped)
29 30
~ c z
['I1
.-o
COMMISSION CALENDAR
July 2014
-. --. ---.... -. -.. -... ,. -~ I ·SUNDAY .:.MONDAY TU.ESDAY. WEDNESDAY THURSDAY FRIDAY SAT.URDAY
1--.. ~-.r . --· 0 o ~ A ··-· ~ .. . -·-.... _......_ . ' --.J
1 2 3 4 5
~ th of July
City Offices Closed
6 7 8 9 10 11 12
Newsletter Due
(Mayor)
13 14 15 16 17 18 19
Commission Mtg
6 :30 pro-Chamber Due Date for Town Hall Meeting
(Invoc -Mark) Agenda Jterns Jordan Park
Videotaped 10 am
(No£ videotaped)
20 21 22 ')~ _, 24 ?-_:; 26
27 28 29 30 31
Commission
Workshop
6:30pm-Chamber
Videotaped
3
10
17
24
31
11
Commission Mtg
6:30 pm-Chamber
(lnvoc-Hill)
(Videotaped)
18
25 Commission
Workshop
6:30pm-Chamber
(Videotaped)
COMMISSION CALENDAR
August 2014
5
Budget Workshop
5 pm-Chamber
(Videotaped)
12
19
26
6
13
20
27
7
14
21
Budget Workshop
5 pm -Chamber
(Videotaped)
28
Budget Workshop
5 pm -Chamber
(Videotaped)
8
Newsletter Due
(Mayor)
15
22
29
Due Date for
Agenda Items
2
9
16
23
30
> s:: rn z
0 rn '-0 ~> rno
-.ot'Tl . z
"-'0 ::::> ,;._
-l en s::
"" .;.
Ill
ClTY OF ATLANTIC BEACH
CITY COMfMISSION MEETING
STAFF REPORT
AGENDA ITEM ; Annua l Water Quality Report
SUBMITTED BY: Donna Kalu z ni ak, Utility Director~ ---DATE: May9,2014
STRATEGIC PLAN LINK: N/A
AGENDA ITEM II 4('
JUNH 9. 20 1<1
BACKGROUND: A copy of the 20 13 '~ater Quality Report for the City of Atlantic Beach is
provided for the City Comm ission's review. The Florida Department of Environmenta l
Protect ion (FDEP} requires annual water quality reports be provided to all customers by the ftrst
of July every year. FDEP r1ow all ows repo rts to be provided electron ica ll y via website as well as
by mail.
The City is requi re d to test for over 80 drinking water contaminants, but on ly those detected
dwing ana lysis are in cluded in the report. As shown , detected values were within the levels
a ll owed and we had no vio lations of water 1guality limi ts.
BUDG ET: A totar of$600 is budgeted in the Water Fund for printing the repo1is , under nccount
ntnn bers 400-5502-533-4 700.
RECOMMENDATION: No action necessary. The repott is provided for inf01mation only.
ATTACHMENTS: I. 20 13 Atlantic Beach Water Q ua lity Report
R EVIEWED BY CITY MAN ACER: .. ...r.2Z____;_;~::;..._V..-=:c::c.--..:::;;.;:o....r.:::c:6'---=~::;::>oo:::~-------
2013 Wate.r Quality Rep()rt
CITY OF ATLANTIC BEACH, FLORIDA
AGEN DA ITEM II <I C
J UNB 9, 20 14
We are ve ry pl eased to prov id e yo u witb this yea r's AnJlll a l Water Qu a lity Repo rt. We want to
kee p yo u u1formed abo ut th e excell ent wa ter and se rv ices we ha ve delive red to yo u over th e pas t
yea r. Our co ns tant goal is to prov id e yo u with sa fe and depend abl e drin kin g water. We want
you-our va lu ed cus tom ers-to und erstand o ur wa ter qu a lity res ults a nd wha t th ey mean.
Our water s ource is th e Florid a n Aq uifer, which is similar to a large und er ground riv e r.
Ground wa ter is pumped from nin e we ll s th a t are approx imately 700 to 1000 feet deep . Thi s
water is aera ted to remo ve sulfid es and c hl orin a ted for d is infec ti on at th e fo ur separat e Wate r
Tre atm e nt Pl ants . Co tTos io n co nt ro l trea tm ent is a lso provi ded. Tra in ed, s tate ce rtifi ed pl unl
opera tors ens ure prop er trea tm ent of nearll y three mill io n ga ll on s per dfty o f water prov id ed to
our c us tomers. We are pleased to reporlt that o ur drin k in g water quality meets all Feder a l
and State requireme nts.
If you ha ve any questi ons about thi s report o r concernin g yo ur waler utilit y, please co nta ct Mr.
Harry McNall y, Plants Division Direc tor all 904-2 47-5838.
If yo u wa nt to become inform ed abo ut up co ming water-related projects o r programs, pl ease
atte nd an y of our Ci ty Co mmi ss ion meetings whic h are sc hedul ed on the 2"d and 4111 Mond ay of
every month at6:00 p.m. at City Ha ll , 800 Semin o le Road , Atl a ntic Beac h, Fl o rida 3223 3, or ca ll
or e-mail o ur Pub li c Util it ies Dire·c tor, Ms. Donn a Kalu z nia k, at 904 -270-2 535,
dka lu zniak@coab .us.
T he City o f Atl anti c Beach routin e ly monito rs for co ntamin ants in you r dlinking wa ter acco rd ing
to Fed era l and Slat e la ws. Exce pt where iindi caled olh crwise, this report is ba sed on th e res ult s
of o ur mo nitoru1g for th e peri od o f Ja nua ry 1st to Decemb er 3 1s t, 20 13. D<Ha o btained be fo re
Janua ry I , 20 13 a nd presen ted in thi s report are fr om th e mos t re cent tes tin g done in acco rdan ce
with th e Ja ws, rul es and regulati ons.
As auth ori ze d a nd ap proved by th e E PA (E nvironmental Protecti o n Age ncy), th e Sta te hn s
redu ced mo nitoring requi re ment s for certai n co ntaminants to less o ft en th a n once per ye ar
beca use th e co ncentrati ons o f th es e co ntaminants are not ex pect ed to vary s ign ifi ca ntl y from yea r
to ye ar.
ln ord er to e ns ure that ta p wate r is sa fe to drink, th e E PA prescrib es re g ulati o ns whi ch limit the
am ount o f ce rtain contaminants in wat er prov ided by publ ic wat er systems. T he F ood and Dru g
Admini s tra ti on (FDA) reg ulations es tabli s h limits for co nta minants in bo Ltl ed wa ter w hi ch mu st
prov id e th e same protec ti on for pub lic health .
/\(11\Nl)A ITEM II 4C
J UNI·. 9, 20 14
Drinking water, including bottled wa ter, may rea so nab ly be ex pected to contain at least smal l
amo unts of some contaminnnts. The presence of co ntaminan ts docs not necessati ly indi ca te th a t
the wa ter poses a health ri s k. More info rm ati on about co ntaminants and potential heal th effects
ca n be obtained by caJiing th e EPA's Safe Drink in g Water Hotline at 1-800-426-4791.
T he E Pt\ requires mo nit orin g of over 80 drinki ng water co ntaminants. Those contaminants
li sted in th e tab le are the only ones detected in yo ur drink ing wa ter.
MCLs are set at very s tringent leve ls. To un derstand the poss ible hea lth e ffec ts described fo r
many t•eg ulnted co ntami nan ts, a person would have to drink 2 liters of water eveJ)I day at the
MCL level fo r a lifetim e to have a one-in -at-mi llion clu mce of havi ng th e d escribed hea lth e ffect.
S ome people may be more vu lnerable tl[) co ntamin ants in d rinldog water than t he gcncr ul
population. lmmuno-compromised pjer son s such as persons w ith cancer undergoing
chemoth erapy, persons who have undergone organ trausphmts, people with HIV/AIDS or
other immune system disorders, some ellderly, n nd infants can be particula rly at risl< from
infections. T h ese people s hould seek advice about drinl<ing water from their h ealth care
providers. EPA/CDC g uidelines on appropriate means to lessen th e ris)( of infection by
cryptosporidium and oth e r micro-biolo gical contaminants are availnblc from E PA's S afe
Drinking Water Hotline at 800-426-4791.
lf present, e levated levels of lea d can cause serio us health problem s, espec iAll y for preg nanl
wo m en and yo ung children . Load in chinking water is prim ntil y fr om mHt cri als and com ponents
associated with service lin es and home plum bi ng. Atlantic Beach is resp ons ible for prov idin g
hig h quality drinki ng water, bu t cannot contro l th e varie ty of ma teria ls used in plum bi n g
components. Wh en yo ur water ha s been sitti ng tbr seve rAl ho urs, you can minimi ze Lhe poten tial
for lead exposure by flu shin g your lap lfor 30 seconds to 2 min utes before using water for
dri nki ng o r cooking. lf you arc co ncerned abo ut lead in your wa ter, yo u may wis h to have your
water tes ted . Informat ion o n lead in drinking wa ter, tcs ling methods, and s teps you can take to
mmnmze expos ure is available fro m th e Safe Drinkin g Waler Hot line or at
http ://www .cpo.gov/sn fcwntcr/lcad .
ln 20 13 th e Florida Department o f Enviroam e ntal Pro tection (FDEP) perfom1ed a Sotl rcc Water
Assess ment o n our sys tem. The assessme nt WfiS cond ucted to provide infonnation flboul any
po tential so urces of contami na ti on in th e v icini ty of our we ll s. There are 6 po te ntial sources of
contaminati on id enti fied for o ur system wi th low susceptib ili ty leve ls, mo s tl y due to petroleum
storage ta nk s. To protect o ur so urce wa ters, the C ity ena c ted a Wellhead Protection Ord in a nce.
A J ~o. FDEP ha s a very acti ve petro leum co nta min a ti on prevention progra m and so me o f rhc
most s trin gent rul es in the co untry. T he .assessment result s are avai lab le o n th e FDEP Sou rce
Water Assessment an d Protection Prog ram website at ww w.dep .s ta tc.n.us/swHpP .
Than lt yo u for allowing us to contioue providing yoUt· family with clean, quality water tbis
year. We at the C i ty of Atlantic Beach worl< around the cl ocl< to provide top quality water
to every tap. We ask that all our cus tomers h elp u s protect our water s ources.
2013 Water Qmtlity Report
CITY OF A TLANTIC B EACH, FLORIDA
/\G I ~N I M ITEM JI 4C
JlJN 89. 20 14
.-r..----~----~~----------~~~--rA .... ~---~·--.a--------~~ ..
In th~.: lob i ~ yo u wi ll ti nd many terms ond ubb n.wiotio ns you might not be fa mil iar with . To help you hcucr liiHh.:rstnutl
llt~~c te rms, we hnvc prov ided the foll ow in g defi ni tions:
Acliun Le ve l (AL) -111e con ccnt nui on of n ~;;o n tllm i nun t whi ch, if exceeded, triggers trcntntcnt ol' othc t· l'cquirclll cnt
whi ch 11 wa ter sys te m mu st fo ll ow.
lultlo l Distribution Sys t em Ev nluntion (I DS £~)-An import ant pnrl of the Stage 2 Dis infecti on Byprodu cts Rule
(DBPR). Th e lOSE is a onc.>-timc s tu dy co nduc ted by wat er systems to identify dis tribu tio n sys tem locatio ns wi lh high
co ncentrations of tt·iholomct ha nes (Tti Ms) a mi halo occti c ocid s (II AA s). Wat er sys tems will use result s from the lOSE, in
cortiun c tion with their Stngc I DBPR co mJll itlnee 1110 nit ori ng du ta, to select comp lia nce monit ol'ing loc o li ons fo r the Stage
2 DBP R.
Mn:dmum Contnminnnt Le ve l Ol' MCL -The highest level of a co nta mina nt th ot is a ll owed in ddnkin g water. M CLs
arc set as close to the MCLG s as fcus ib le using the bcs l ova ilablc tr ea tm en t technol ogy.
Max imum Co ntam inant Level Gonl or MCLC Th e lev el of a co ntamin ant in drinking wu tcr below whi ch there is no
kn own or· expec ted risk to he alth . MCLG s all o w fo r o margin of su fe ty.
Mnx lmurn Re sidua l Di si nfecta nt Le vel (MROL) -111c highi!S t lev el of a di si nfecta nt a llo wed in drink i ng water. There
is a co nvi nc in g evid ence that addi tion of o di s in fec ta nt is necess ary for contro l of mic robi al contttm imtntll.
Mnxlmum Res idual Di si nfectant Leve l G oal (M RO LG) The level of a dli nk ing wutcr di infccton t he low wh ic h there
i~ no kn ow n or expected ri sk to health. M RDLG :. do no t rctlc:c tthc benefit s of the use of disin fe ctunrs to co ntrol mi c robinl
~ontnmin:l n t s.
Non -Detects (N O)-Means not detec ted n11d indi cutcs tha t th e s ubstance wos n(l t foun d by la boro tory drtalys i~.
Not Applicabl e (N /A) Th e in fo rm ati on do cs not ilpp ly in thi s category or for this conta mi na nt.
J•a l'lS p er billion (ppb) o r Mi ct·og l'nms per lit er (u g/L)-Ouc par t hy weig ht of on a lyte lo one bi lli on pnrls by wc ight'of
th e water sampl e.
Pnrts p er million (ppm) or M illi gmms pe t· lit e r (m g/L)-One pnl't by wei ght ofanolytc to one mill io n put1li by we ight
of I he w;lh.:r samp le.
Plcocu rl cs per litCI' (p Ci/1)-Measure or the l'lH.Iiunctivi ty in W[ltcr.
Tlu.: sou i'CCs of dri nki ng wa ter (bo th tap water ond bottl ed water) incl ude ri ver!;, lakes, strea ms, r onds, I'CS et·voirs, spt·ings
mtd we ll s. /\s wntc r travel s over th e $urfa ct: of the ln nd or th rough the gro und, it di ssolves na tunt ll y-occun i ng minera ls
un d, in some Cil scs. ra dioacti ve ma te rial, and co n pi ck up subs ta nces l'es ult ing fro m the presence of anima ls Ol' n·o m hurn un
acti vity. Contorn inant s that may be present in source wate1· in clu de:
(A) Microb ial contamina nts , suc h ilS viruses and bo ctc tiu, which rnny co me from sewage crco tm en t plunt s, se ptic
sysll!ms. og ri cultu nl llivestock operat ions and wild life. Sec No te below :
N(l te: On Scpcembe~· 3, 20 13, one of lhc City's well s tested posi tive forE_ col i ba crcl'ia. Tests toke n thr·o ugho ut the
wa ter distri buti on sys tem on the same day and nc."tl duy wcr·c all negati ve for bac teri a. S ubsequ ent tl'S ting of I he we ll
ul so fo und no E. col i. II is likel y th at th e po~itivc resu lt was caused by o sa mpli ng or leii tin g cn·or. Water fro m thi s
we ll goes thl'ough the trea tm ent ond di sinfection process pri or to distr ibuti on to th e pu blic. flea/fit E.ffe t'f :E. co li arc
ba cteria wh ose prcseHcc in dicates th at the wutc t• mn>' be cnntaminatc d with hu ma n or ani mal wast es. Microbes in
these was tes can cau se short-tc nn effects, such as dmrrheo, cra mps, nausea, hcodn che :; or other sympt oms. They pose
n spec ial healt h 1i s k for infants , youn g children, som e of the e lderly, and peo ple wi th severely compro miM:d immun e
system s.
(U) Ino rg anic co ntaminants, s uch as sa lt s und mc tnls, wh ich ca n be natu rnll y-oc ourri ng or res ult fro m llrb on s tormw ntc r
l'll ll off, in dustriul or domes ti c was tcwate t· discharges, oil a nd gns product ion, mi ning or fann ing.
(C) Pas tlcitles unrl h erbicides, whi clt muy co me from B v:.rri cty o f w urccs such as agri c ultu n:, urbu n stonn wa tc r t'U tH>f't~
nn d resident ia l uses.
(D) 01 'Jp mlc chemica l contflminfl nts , in c lu ding Sy ntheti c and vo lati le org an ic ch emica ls, whi ch ore by-produ c ts o f
indus lrw l pl'oucsscs ilnd pdr·oleum pi'O du ction, ond can also come fro m gill; s tatio ns, urban stomnvutcr l'li i10 f'f und sop ti c
systems.
(E) Radioactive contamiuams, whi ch can be natu ra ll y occurring or be the res ult of oil an d gas produ ct ion und mi ning
ac ti vities.
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 highest detected level at anv sampling point)
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 columnj01 Ch/onne 1s the annual avewge of the qumteliy avewges of.esultsfiom
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)
(ppb)
10/13 60 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 1\ICL 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 Atlantic Beach Police Department 1st Quarter 2014
Murder
Rape
Part I Crimes
Robbery ___ _
Aggravated Assault
B urglary --
Larceny
Auto Theft
Total
Calls for Service
TOTAL ARRESTS
OU I Arrests
Traffic Cit ations
Auto Accidents
1st Quarter 2010
0
18
54
1st Quarter 201 1
0
3
3
16
14
59
~-----------~ 4-
83
7120
------~-----193 80
1153
44
99
6333
220
74
1193
50
Emergency Response Time Average
St o len P r operty
Omin 53 sec
-s 121,849
2 m1n 12 sec
s 174.000-$
Recovered Property
Recovery Percentage
Crim e Suppression
Felony Arrests
MiSdemeanor Arrests
Alcohol Deployment Arrests
Prostitution Arrests
Animal Control
Phone Calls
Citations
Animal B ites Ree_orted
Animals lm ounded
FI RE DEPARTMENT
EMS Calls
Response nme
Rre Calls
Response T ime
s 4 ,632 s 48.354 $
4% 28%
10 14
18 10 -----3 2
17' 0
608 5581
69 64
5 4 gcn---= 84
167 194
4 :35 4.36
43 31
4:07 4 :38
1st Q uarter 2012
0
1
1
7
17
56
1
83
5 ,159
196
65
997
60
3 min 13 sec
97,911 $
11,289 $
12%
4
12
1
0_.
627
47
2
9 1
232
1st Quarter 2013 1 st Quarter 2014
0 0
0 ---3-4
8 5
12 20
43 43
3 2
69 75 -----
5560 5 ,516
203 165
70 63
1370 867
64 51
3 min8sec 2 min 52 sec
56,428 $ 98,370
6 .797 $ 26,137
12%
-~
2+-
0
2013-2014 Comparison
0%
-----
100%
33%
-38%
67%
0 %
-33%
9%
-1 %
-19%
-10%
-37%
-20 %
74%
285%
67%
300%
0%
0 ~--------------~--------------------0%
---379 ---44
2
69
381
17
4
52
249
1%
-61 %
100%
-25%
43%
4 min 14 sec 4 min 21 sec +-4 min 57 sec
54 23
5 mi n 31 sec 4 min 19 sec ____ 4 min 23 sec
33 43%
> :')
c::z
zc:; :-::>
-a -
•IV ~
~s:
A::::
A v
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA JTEM: Repair and Coating of Elevated Tank at Water Phmt #2
Bid No. 1314-09
SUBMITTED BY: Donna Kalu z niak, Utility Di recto q;;
DATE: May 9, 2014
STRATEGIC PLAN LINK: N/A
AGENDA I J'ti M U 41
JUNn9.2014
BACKGROUND: As part of the City's maintenance program, the ground and elevated
storage tanks at the Ci ty's water plants are inspected, rchabjlitated and coated on a regular basi s.
The Ci ty aclverlist:d for bids for repairs and coating o f th c interior and extcdor of the 300,000
ga ll on el evated storage tank at Water Plant #2 (230 l Mayport Road).
Four contractors attended the mandat ory pre-bid meeting and three co ntractors submitted bids:
Contractor Tank Rehab Uti lity Serv ice Co., Worth Contracting,
Inc. In c.
Subtotal , Ba se $125 ,000.00 $111,400.00 $179,100.00
Bid It ems
10% $12,500.00 $11,140.00 $17,9 10 .00
Contin ge ncy
Total $137,500.00 $122,540 .00 $I 97,010.00
The responsive low bidder was Utility Serv ice Co., In c. in th e amount of $122,540 in c luding
contingency.
BUDGET: A to tal of $125,000 was budge:ted for the project in the Water Fund und er account
number 400-5502-533-63-00.
RECOMMENDATION: Award a contract for Bid No. 1314-09 for th e Rep air and Coat ing of
Elevated Tank at Wa ter Plant #2 in the amount of$122.540 to Uti l ity Service Co., Inc. a nd
authorize the Cily Manager to sign the contract.
ATTACHMENTS: I. Bid Tabu lation Form
.
REVIEWED BY CITY MANAGER: ·._?Zc;,..__Lj'--"'-t/;_..<Jr...q~---"";A;,_::~::c...;~--------
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
1 tsA~c tsiU 11 ciVI: Kepa1r & recoat me Jntenor
& exterior of the 300,000 gallon elevated
steel potable water storage tank at water
plant #2, 2301 Mayport Road, including
i , ••• ,, 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
',,' ' i•
,,
$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
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
AG ENDA IT EM # 6A
.IUN B 9. 20 14
maintenance standard; the Developer agre1es to Immediately bring the defici ent item up to th e
maintenance sta nd ard, at its sole cost an d e>c:pense. The Developer will not be held responsi bl e for a
failed M RP ratin g, so long as such rating is not based on any negligence, Intentional or wrongful act,
omission or breach of contract by the Develope1r .
B. The Parties ' representatives an d points of co ntact f or the ad ministrati on of this Agreement s hall be
Identified in th e "Notice" section of this Ag reem1ent.
C. The Develope r sha ll ma inta in all Bridge m aintenance requ irements within the Properly, in clud in g,
without lim itation, performing the followi ng :
(1) Routinely inspect th e Bridge for deficiencies; wear & tear, coating protection, wood
crackin g or splintering, s tructura l hardware wea1r , bolt tighten ing, rail ing (safety) conform ity, stru c tural
integrity, and mainte nance of strip ping a nd markings; as required by th e FOOT Bridge Maintena nce And
Repair Handbook (mos t recent Vers io n).
(2) Routinely i nspect the Bridge decking an d railings for aesthetic purposes a nd for the
benefit of the health, safety a nd we lfare of th ose members of the public traversing or o th erwise utilizing
the B ridge; and
(3) Routinely re move any obstructions that may cause harm to th e Bridg e structure;
(4) Routinely keep the deck surface protected, Inspect any deficiency where the Bridge ties
to the paved ro adway sys tem ;
(5) Routinely check for pilin g settlemen t of bea m , girder and deck ing deterioration;
(6) Routine ly inspect structu re components and hardware co nnections; and
(7) Routinely keep the Bridge free of debris .
(8) Not less than every two years 11ave a compl ete bridge inspectio n performed by an FOOT
Certified Bridge Inspector. Repo rt of inspection a nd corrective action plan in cludin g timeline for a n y
deficiencies noted shall be provi ded to the City.
D. T he City and the Developer shall be respons ible jointly fo r clea n-u p , remova l and disposal of debris
within th e Property following and resulting from natural disasters, Including, with o ut lim itation, hurri ca nes
and tornadoes . For debris to be removed by the City or Its co ntractors, it must be w ith in th e City's rig hts
of way.
E. If the City determ ines th at the Developer is not maintai nin g the Bridge in accord a nce with the term s
and provisions of th is Agreement, th e City s halll deliver written notifica tion of such to th e Develope r . The
Developer shall have th irty (30) days f rom th e date of th e City's written notice, o r such oth er time as the
City] and th e Devel oper mutually agree in writing, to correct the def icie ncy a nd provide the C ity with
written notice of the sa me.
F. If the City determines that th e deficiency remains after receipt of the Developer's written notice
indi ca tin g that the deficiency was corrected , th e~ C ity, Within its discretion, may: (1) provide the Developer
with written authorizati on granti ng such addi tio na l time as the City deems appro pria te to corr ect th e
def iciency ; or (2) correct th e deficiency at the Developer's sole cost a nd expense. Sh ould the City elect
to correct th e deficiency, the City shall provide t:he Developer w ith an invoice for the cos ts Incurred by the
Cit y to correct the deficiency a nd the Developelr s hall pay the Invoice in accord ance with th e "Payment"
secti o n of this Agreement.
MA w ith COAB-ABP/ABCC FIN/\L (04-21-14) Page 2
AGENDA I rEM II 61\
JUN E 9, 20 1•1
G . If at any tim e in the so le determinalion of the City, the integrity or safety of the Bridge requires
irnmedlate maintenance for the benefit of public health, safety or wel fare, the C ity may perform such
main tenance it deems app ropriate under th •e circums tances . The City shall attempt to notify the
Developer prior to action under thi s section , but may t ake necessa ry steps to co rrect e mergency
situa tion s prior to such notification in order to p1reven t e minent danger to public health , sa fety o r welfare.
6. MAINTENANCE OF TRAFFIC
A. The Developer shall be respons ible for thle maintenance of traffic ("MOT") at all times during the
performance of th is Agreement. MOT sha ll be performed in accordance with applicable Governmen ta l
Law a nd th e most cu rrent editio n of each of th 13 following, as the same may be co nstituted and amended
f rom time to time , al l of whic h are Incorporated herein and made part of this Agreement by re fe re nce : (1)
Section 102 of the FOOT's Standard Specifica tions for Road and Bridge Construction; (2) the Manual on
Uniform Traffic Control Devices; (3) the FOOT's Roadway Design Standards Index 600 Series; a nd (4)
other applicable Governmental Law.
B. If th e Agency fai ls to perform MOT as req u ired herein, th e City, with in its discretio n, may e lect to
perform MOT a t the Developer's so le cost an d expense. Should t he Cit y perform MOT, the City s hall
provide t he Developer with an Invoice for the cos ts incurred by th e City and the Developer shall pay the
invoice in accordance with the "Payment" section of th is Agreement.
7 . PERMISSIVE USE
This Agreement creates a permissive use o nly. The Developer shall not acquire any r ig ht, title , interest or
estate in t he Bridge by virtue of the execution, operation. effect or performance of this Agreement.
8 . PAYMENTS TO CITY
All City invoices s ubmitted to the Developer for payment pursuant to the terms a nd provisio ns of thi s
Agreeme nt are due and payable within thirty (30) days of th e date of the Invoice ("Due Date"). Any
portion of an invoice not received by the City by the Due Da te shall immediately t hereafter begin accruing
In terest at a rate of interest established pursuant to §55.03, Fla. Stat., until paid in full .
9. INDEMN IFICATION
A . The Developer s hall promptly defend, Indemnify, hold the City har mles s from and pay all demands ,
clai ms, judgments, liabil iti es , da mages, f ine:s , fees, taxes , assessments, cos ts, losses, penalties,
cons tru c tion delay costs I penalties , expenses, attorneys' fe es and suits of any nature or k ind whatsoever
cau sed by, a risin g out of or re lated to the !Developer's performance, or breach, of this Agreement
("Liabilities"). T he term "Liabilities'' shall a ls o specifica lly inclu de all civil and criminal e nvironmenta l
liability ar isi ng, directly or indirec tl y under any Governmen ta l Law, incl uding, without li mitation , li abil ity
under the Resource Conservation and Recovery Act ("RCRA"), the Co mprehe nsive Env ironmental
Response, Compensa tion and Liabi lity Act ("CIERCLA"), the Clea n Air Ac t ("CAA") and the Clean W ater
Act ("CWA"). The Developer's duty to defend , indemnify and hold th e City harmless specifically does not
encompass indemnifying the Ci ty for its negligence, intentiona l or w rongful acts, omissions or breach of
co ntract.
B. The D evelo per shall notify the Ci ty in writing immediately upon becom ing aware of any Liabi lities . The
Developer's obligation to defend , Indemnify and hold the City harm les s f rom any Liabil ities, or at the City's
option to participate and associate with t he C ily in t he defense and tr ial of any Liabilities , including any
related settlement negotiations, shall be trigger•ed b y the City 's written notice of claim for indemnification
to th e Developer. Th e Developer's Inability !() evaluate liabi lity, or its evaluation of liabil it y, shall not
excuse performance of th e prov isions of this paragraph .
10. SOVEREIGN IMMUNITY & LIMITATION OIF LIABILITY
Nothing In this Agreement shall be deemed or ot herwise Interpreted as wa iving either party's sovereign
Immunity protections, or as increasing the limits of liability set forth in §76 8.28, Florida Sta tutes, as the
same may be amended from ti me to tim e.
MA with COAB -ABP/ABCC FINAL (04-21 -14) Page 3
11 . NOTICE
AGEN Dt\ ITeM ti M
JUNE 9, 2 014
All notices, communications and determinations between the parties hereto and those requir ed by this
Agreement, in cluding, without lim itation, changes to the notification addresses set forth below, shall be in
writing and shall be sufficient if mail ed by regular United States Mall, postage prepaid, to the parties at the
following addresses:
City: City of Atlantic Beach
Public Works Director/City Engineer
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach , FL 32233
PH : (904 ) 247-5834
Fax: (904) 247-5843
Developer: Atlantic Beach Partners , LLC
Rick Wood
Th e Wood Development Company of J acksonville
414 Old Hard Road, Suite 502
Fleming Island, F lorida 32003
904 264-6553 office
904 269-2729 facsimile
904 813-5647 cellular
rwood@wooddev.net
Association : A tl antic Beach Country Club Owners Association, Inc .
The Wood Development Company of Jacksonville
414 Old Hard Road, Su ite 502
Fleming Island, Florida 32003
904 264-6553 office
904 269-2729 facsimile
swood@wooddev.net
12. GOVERNING LAW
This Agreement sha ll be governed i n all respect by the laws of the State of Florida .
13. INITIAL DETERMINATION OF DISPUTES
The City's Director of Pu blic Works/Engineer shall act as the initial arbiter of all questions , d ifficulties, and
disputes concern in g the in terpretation, valid it y, performance or breach of this Agreement.
14. VENUE AND JURISDICTION
A. Venue for any and all actions arising out of or In any way related to the interpretation, va lidity,
performance or breach of t hi s Agreement that are not resolved to the mutual satisfaction of the parties
shall lie exclusively In a state court of appropriate jurisdiction in Duval County, Florida .
MA w i t h COAB -ABP/ABCC FINAL (04-21-14) Page 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\0ENIJI\ ITEM II 61\
JUNE 9, 2014
No term or provision of this Agreement shall be Interpreted for or against any party because that party or
that party's l ega l representative drafted the provision.
23. CAPTIONS
Paragraph title or captions contained herein are Inserted as a matter of co nvenience and reference and in
no way define, limit, extend or describe the scope of th is Agreement or any prov ision hereof.
24. SEV ERANCE
If any section , paragraph, clause or provision of this Agreement is adjudged by a cou rt , agency or
authority of competent jurisdiction to be Invalid, Illegal or otherwise unenforceable, all remaining parts of
this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as
principle purposes of this Agreement remain enforceable .
25. COMPUTATION OF TIME
In computing any period of time prescribed In th is Agreement, the day of the act1 event or default from
whic h the designated period of time begins to run, shall not be included . The last day of the period sha ll
be Included unless il is a Saturday, Sunday or legal holiday, In which event the period sha ll run until the
end of the next day which is not a Saturday, Sunday or legal holiday.
26. MODIFICATION OF AGREEMENT
A modification or waiver of any of the provisions of t his Agreement shall be effective only if m ade in
writing a nd execu ted with th e same formali ty as this Agreement.
27. CONTRACTUAL SERVICES
In th e event thi s Agreement Is fo r a "con tractual service" as defined by §287 .012, Florida Statu tes, as the
same may be ame nded from time to time , then all app licable prov isions of Chapter 287, Florida Statutes
shall apply.
28. PUBLIC RECORDS
The City and Developer shall a llow public access to all documents, papers, letters, or other material
subject to the provisions of Chapte r 11 9, Florida Statu tes , and made or received by the City in
conjunction with this Agreement.
IN WITNESS WHEREOF , intending to be legally bound hereby, the parties execu te this
Agreement.
City of Atlantic Beach Attest:
By : __________________________ ___ By: ________________________ __
Printed Name: -------------Printed Name:------------
Title:---------------Title:--------------
Da te :---------------Date:---------------
MA with COAB·ABP/ABCC FINAL (04-21·14-) Page 6
Atlantic Beach Partners, LLC Attest:
AO ENDA ITEM II 61\
JU NE 9, 2014
By: By:--------------
Printed Name: Pr inted Name: -----------
Title : Title :--------------
Dat e: Date :--------------
Atl anti c Beach Country C lub Owners Attest:
Association, Inc.
By: By:--------------
Printed Nam e: Printed Name:-----------
Title . Title:--------------
Da te: Date:--------------
MA with COAB -ABP/ABCC FINAL (04-21-14) Pag e 7
AGEN DA IT EM II 611.
JU NE 9,20 14
EXHIBIT "A"
(City of Atlantic B e ach)
PROPERTY LOCATlON
MA with COAB -ABP/ABCC FI NAL (04-21 -14) Page 8
\ ·-. ..;:-
4' SIDEWALK lYP ••
RETAINING WAU.
DESIGN BY OTHERS
DlCN' RAM? PER
IExhltHI A I
30'R
£
36"x36" STOP SIGN (R I· 1)
§
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
C I T Y O F ATLANT IC BEAC il
C ITY C OMMIS SION MEE TING
ST A FF REPORT
AMENI)W AOENOA ITEM U 71\
J UNb9,20 1 ~
AGENDA ITEM: Ordinance No. 5-14-61 : Amending Chapter 2 of the
Co de of Ordinances, Administration, Article II, C ity
C ommiss ion, Sec. 2-16, Time and Place of Regular
m eetings, to provide for two regular meetings .
SU BMlTTED BY: Nelso n Va nLie re, City Manage r ~
Do nn a L. Bartl e, C ity C lerk .A~
DA T E: May 19,20 14
BACK G ROU ND: At !he May 12, 201 4 meetin g, the City Co mmiss ion di scussed pro posed
Ordinan ce No. 5-14-6 1 a nd decided to defer ac ti on in o rder to give 'taff the o ppo rt un ity
to present additi omtl opti o ns.
Th e Staff and the Co mm iss ion ne ed to wo rk toge th er to p ro du ce an age nd a th at is both
infor mative to the publi c and all ows for bu sin ess to be effic ientl y carried on monU1 to
month. It is clea r that givin g ample time for the p ubli c to weigh in on im porta nt iss ues is a
pri ority in Atlantic Beac h. As a res ult of di scuss ion fi:om the prev ious meetin gs, Staf f has
come up w ith a better way to meet both nee ds. Up on app rova l of the a ttached ordinance,
Staff ca n pi'epa re agen das that ens ur e ite ms of signiti ca nt importanc e ar e di sc ussed
thorou g hl y and that those of a routin e natw·c ca n move forwa rd .
To assis t in tmd crs tcmdin g how the prep a ra ti on of th e agend a will work, we have crea ted
an outline att ached ca ll ed: AgendR Prepal'ation Guidelines. Thls chart indicates ho w
each type of item is to be co nside red in t he co m pil atio n of th e agend a. Upon examin ati on
of the gu idelin es, yo u ca n sec th a t most items, wi th the exce pti on of A ction on
Ordinances and Mis cellaneous Business items would app ea r onl y once. Ordina nces
rep resent the creati on of legisla tion and arc requi re d to be heard mo re than once.
Miscell aneo us Busin ess it ems represe nt a variety o f items with var yi ng signifi cance fro m
agend a t o agend a. Tn tl1is Miscellaneous Bus iness sec ti on of th e agenda is w here we
prop ose to give special a tte nt io n.
Items that are routin e in nature wo uld be found on th e Conse nt Agenda. Wh en placing
items on lhc age nda und er Mis cellan eous Bu s iness, th e options wo uld be to ei ther
sc hedul e fo r one meetin g or schedule for two meeti ngs. Under e ither option , th e
Co mmi ssion co ul d dec ide to defer th e item to a future mee ting or to a wor ks hop . Staff
wo uld ensure th a t s pec ial co nsid era ti on w ould be given to any ite ms that may affect the
c itize ns di rec tl y, or th at may be uniqu e, of la rge do ll a r amounts, or ite ms known t o be
co ntrove rsial. These items may in clude things th at a ffect neighb orhoo ds or special
interest groups. Wh en an item is dee med to be of s ignifi cant imp o1tance, S taff wo uld
in clu de it on the agend a as a di sc ussion i te m on the initia l meeting a nd as a n actio n it em
on a s ub se quent meeting, i.e., lar ge ft rst tim e contrac ts or co nstruct ion proj ects in a
ne ig hbor hoo d. Howeve r, if th e Com mi ssio n beli eves more time or informatio n is nee ded,
th ey always h ave th e opli on Lo de fer the it em to a futur e meetin g o r sc hedul e a special
wo rks hop. Thi s system wo uld be fl ex ible and produ cti ve , whil e st ill ho ldin g everyth ing
t hat is of any s igni fi ca nt interest to a pa r ticu lar group over for a second meet ing. Por
BUDGET:
AMENDED 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: StaffRepmi dated April18, 2014
Agenda Preparation Guideline Chart
Ordinance No. 5-14-61
CITY OF A'I'LANTIC B~ACU
CITY COMMISSION MEETING
STAFf IU~PORT
AM8 NDHD AGENDA ITeM II 11\
JUNE9,20 14
AGENOA l'l'ft.:M: Ord inun ce No. 5-14-6 1: Amending Chnptcr 2 of th e Code of Ordinances,
Adnrinistrotion, Article 11, Clly Co mmi:-;sion , Sec. 2-16, Time un d Pineo or
Rcgltlnr meetings, to pro vide for two regular meeting~.
SUIJMJl"l'ED BY Nelson Vnn Licrc, City Mttnagcr "'-'._<-_-> __
OATE: April 18, 20 I ,4
8ACJ(GROUN J>: On April 8111, 20 13, th e City Commissio n approved Ordi nance No . 5-13-SH
nmending the Code to replace one of th e t wo sched ul ed meetings per month with
u wo r kshop. Thi s wns done as a tria l to ncldrcss complnints f'r um the publi c lhnl
there \V:lS uot enough lime for citizen input on tlw ngcndn items before n vole. By
work::;hoppi ng the upcoming ngondn, dli ~.:c ns have more tim e <md upportunily to
be heard on all it ems bcfi.Jro a vote is ens!.
Stnl'r ho s worked very hnrd to muko th e tmnsil io n int<> th o om: meeting n month
sc hed ul e successful. llowevcr, irnpl cmcntn lilln of this new sched ul e ha s bcc.:n
ex treme ly diflicull tor stnff. Aficr careful consideration, we believe we have
como up with an nlterno tivc th nt willnddrcss everyone's concerns.
Below i s n list of uninte nd ed con sequences t hat have been a chnllcngl! to sta ff
since the inception of n one me eting IJCI" month sc hedule .
I. The agendas nrc mughl y twice th e ~izc. This by itself' wou l d not seem to be nn
i ssue. Plcnsc consider thnt cnch item i ~ importunt unci is th e rcsull of stu ff's hurd
wo r k. T he cntiro age nd a must be indexed nnd pugiunted, copied nnd bound,
scanned uud upl ondcd, di shi bu tcd and liukcd to wcl> pugcs .
2. Meetings nrc twi ce us l oug. A direc t re sult of th e lengthy age nd a i s th nl the
meetings tnkc twice us l ong becau se th ere arc twi ce ns many it ems to d iscuss.
3. The burcn ucrncy H<l dcd to th e arm rova l process slows th e npprovul of r outin e
it ems down. For many imporl11 nt items, wo recogni ze it i s importa nt to sl ow
down und hear com ment s more thnn once. Routine items, however, ar c held up in
th o snrnc timclin c an d arc not nb lc t o move forward despite lilllc or no commen ts
ti·o m th e citize ns. Co nsc.mt items tnlc e onl y n few minutes to puss in th e m eeti ng,
but a full three to tour week s to go th ro ug h the ent ire Hppmvnl proce ss.
4. Stall' prepumtio n see min gly never ends, As stniT prcpmcs for Com mi ss ion
me et ings, we write propo sa ls and rcsenrch u tremendous amount of intormntion in
preparation tor the mee ting. Items of rou tin e rHtt urc arc discussed twice, more
importnnt items four ti mes ond some tim es, if dctbrrcd or ns tho rcsull of an inilinl
proposa l th at l ed to the nction, tho ngcnda item may need In bo f1·cs h in our minds
for six weeks us new items acc umul at e. We need to be nb lc to luke nclion und
move forwmd.
5. Evu r y Agencl n hu s been amend ed. Since th e inception of th e one mee ting
schedu l e, we have had num ero us spec ial cu lled meetings ttnd every wo rks hop pcd
ngcndn has been nmcnd~cl. As staff trios lo mukc progrcs~ on projects or
cont racts, we sit nncl wail th rough l ong workshops where no act ion can he tflkc n,
th ere wns no discu ss ion or comments and ye t wo must wnit uno th cr two wccl<!; for
un upprovul.
AMENDED 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 6:00p.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.
e 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
AMENDED AU ENDA ITEM 117A
JUNE 9, 20 14
the Humnn Right s Or<linnnce, may be discus sed ill a sc pnratc workshop. This hus
nlwnys be en an option.
o llcm 7 -Allmcclings can luke pl ace in the fomHII setting with th e exce ption oftho
work shops cn llcd to di sct1~s cho so n items l)[ significance. Tho qunlity of the
video will be better tor tile viuwing public and th e protcssionnlism will be
enhanced. Workshop sollings should be for informnl discussions of A limited
number of' topics.
o Item ~ -The fcnr of missi ng u meeting dcndliniJ wi ll be greatly reduced when
there will he nnothcr meeting within u few wcc),s.
,; Item 9 -The chunge to the ngcndn process will allow Comm i ssio ners, s tnn~
citizens nnd the press In receive the ugcn<la nl l ens! I 0 days in udvnncc of the
meeting. This will Hllow Commissioners two wcckl!nds to rcvlow unci ump l c time
lo tnlk with citizens nnd gel with sta l'f. It will nllow stn l'fto rcscurch nnd answer
additiona l concerns of citizens uficr rending th e reports. The ngcnda will be
publi shed li.Jr th o pub l ic to r~view ond :iln f'f is HV<liluble to nddrcss conccms belbrc
the me et ing lbr over a week . It will allow the press to publish infornwtion nbo ul
item s of intcresl prior In the meeting. This wil l l end to n better inf<mn ccl public
nnd Com mission nnd in turn l en d to bcllcr uccisionmnking.
Keep in mind !h ut we: hn vc implemented other procedures to cn huncc
commtmicution~: with tile citi%cns since the one meeting schedule wns
implemented. We nrc now vidcotuping mee tings und providing clcetmnic
ngcndas for commissioncn; to use on city provided iPuds. Mnnagcmcnl now
encou rages commissioners to direct l y seck nnswors ti·mn staff if needed. This
cn hun ces the response time when gnthcring information for meeting prcpnratlons.
DU I)GF.T: No budget impact.
IU!:COMMENOA'I'ION: Appr<>vc Ordinance No . 5-14 -61
ATTACIIM ltNTS : Ordinance No. 5-14-61
REVII£WIU> BY CITY MANAGER:~.,...,.c&,~
Item
Approval of Minutes
Approval of M inutes
Courtesy of the Floor to Vi sitors
Co urtesy of the Flo or
Presentation
Procla m ation
Unfinished Business
CM Fo llow-u p Report
Conse nt Agenda
Monthly Reports
Quarterly Report
Annu al Report
Wr itten Report on a specific
pr oject
Declare Property Su rplus
Approve Ca le ndar
Award initial contract co ntract for
Bid
Awa rd RFP
Ex t e nd Contract w hen allowed f or
in the curre nt t erm s.
Committee Reports
Com m it tee Report
Action on Reso l utions
Resolution
Action on Ordinances
Ordi nance
Misce llaneo u s Business
Use -by-Exception
W aiver
Approva l o f Co ntract with
significa nt impo rta nce and v alu e
Appointment of members to a
st and i ng Board or Committee
Esta blishing an Ad Hoc Committee,
t h en appoi nt ing its members
City M anager
City Manager Report
Reports and/or Requests from City
Commissioners and City Attorney
Announcements
Agenda Preparation Guidelines
Purpose Requ ires Specia l
Advertising
Action No
I nformational-No A ctio n No
Informational-No Action No
Ceremonia l-No Action No
Informationa l-No Action No
Acknowledge Receipt No
Acknowledge Receipt No
Acknowledge Receipt No
Acknowledge Receipt No
Action No
Action No
Act ion No
Action No
Action No
I nformat iona I No
Action *No
Action Yes
Action Yes
Action Yes
Ac tion No
Action No
Action No
Informational No
Informational No
AM HNDED AGENDA ITI;M 117/\
JUN E 9,20 14
Requires a Standa rd # of
Public Hearing t imes needed
for CC meeting? on the age nda
No 1
No N/A
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
*Yes 2
Yes "'*2
Yes 1
No 2
No 1
No 2
No 1
No N/A
Agenda Preparation Guidelines
AMENDED AGENDA ITEM# 7 A
JUNE9,2014
*Exceptions:
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 (COB) meeting so the COB can make a recommendation to the Commission. They also require two public
hearings at City Commission meetings.
**
Notes:
Use-by-exceptions will be on the Commission Agenda twice. The first time, as a discussion only item and the
second time, as a public hearing and action item.
Variances are handled through the Community Development Board (COB) and require a Public Hearing. No Commission
action is needed.
Use-by-exceptions are heard by the Community Development Board (COB) 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
AMENDED AGENDA ITEM# 7 A
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 of the Code of Ordinances ofthe City of Atlantic Beach, Florida, is
hereby amended to read as follows:
(a) The regular meetings of the city commission shall be held on the second MenGay of each
momA,.
(b) Scheduled workshops of the city commission shall be held as follow~
(1) In the months of Janual)' through November, on the fourth Monday of the month.
(2) In the month of December, on the third Monday of the month.
(c) All regular meetings and scheduled •norkshops of the city commission shall be held in city-Rail
at6:30 p.m.
(d) If the second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop
shall be held on Tuesday 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 ofthe month.
SECTION 2. This ordinance shall take effect immediately upon its final passage and
adoption.
PASS ED by the City Commission on first reading this __ day of __ _
PASS ED by the City Commission on this second and fmal 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
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AMF.NDI!f) AGENDA 11 EM #71l
.IUN I: 9, 20 14
AGENDA ITEM: Proposed Ordin a nce 80-14-8 5 for Es tabli shing Reclaim ed Water Rates
SUBM ITTED BY: Ne lso n Van Li cre, Cit y Man age r
Donna Ka lu z nia k, Utility Di rect~~
DATE: May 29,2014 (Rev ised)
STRATEGlC PLAN LINK: Golf Co urse
BA CKGROUND: The Atlantic Beach Co untry Club , in c luding the res identi al development is
curr en tl y und er co nst ructio n. T'hc Ci ty is also co ns tru ctin g the rec laimed wate r faciliti es to se rve th e
go lf cou rse and new development.
Th e Ci ty will be providing reclaimed water to both th e go lf co urse and to res id ences for irri ga tion.
Attached is a summary and proposed Ord in ance No. 80-14-85 for Reclaimed Water Rates, whi c h will
need to be in place soo n.
The reuse of reclaimed water has bo th environmenta l a nd reg ulatory ben efit s. H offsets th e usc of
potab le water, redu c in g th e a mount of gro undw ater pumped from the Florid ian Aquifer.
At th e same tim e, th e Water Ma nageme nt Di stri cts are co ncerned about Minimum Flows and Leve ls
at area lakes, springs and riv ers. Utilities are be ing enco ur aged to increase th e usc of rec laimed water.
In th e City 's case, om Co nsumptiv e Use Petmit requires the Ci ty to prov ide recla im ed water to the
new developm e nt and go lf co urse. In addition, th e St. John s Riv er Wat er Man age ment Di stri ct
pro vid ed $442,000 in grant fun di ng towards co nstructi on of th e Rec la im ed Water Facil iti es project.
Per a study by th e Am e rican Wate r Works Assoc iat ion, rec laimed wa ter rates are typi ca lly se t lower
th an the full cos t of se rvice. Po tabl e water is less expensive to prod uce than rec la im ed wa ter, th ough
of hi g her quality. Charg in g use rs th e same or more for rec laim ed wa ter than for po tab le water wou ld
disco urage it s usc. Therefore, th e maj or it y of utilities ba se th e ir rec laim ed rat es on a mark et va lu e
th at is less th an th e potabl e rate. Thi s value also takes into co nsi dera tion the environ menta l and
re gul ator y bene tits of en co uragi ng the use of re cla im ed wa ter.
The proposed rates are si milar to the c urre nt Atl an ti c Beac h water rates in severa l ways. They bo th
have a ba se charge and a vo lum e charg e based on met ered consumption. There are a lso separate rates
for reside nti al and com merc ia l customers. T hi s rec lai med wa ter rat e add s a third category; bulk
custome rs. Thi s is simil ar to th e rate for reuse water es tabli shed by JEA and Clay Co unty. A
s umma ry of reclaim ed waLe r ra tes fr om both o[ these ut i liti es is attached.
f.' or th e proposed res id e ntial a nd co mm ercial rates, th e base c harge per mon th is based on meter size
and is proposed to be the sa me th at the City currently char ges for potabl e wa te r sal es.
1\MI:Nl:>ED J\Gt:NDA ITEM /17 H
JUNt~9.20 1 4
Per discussion during the May 27, 20 14 Co mmi ssion Workshop, the volume rate is proposed as a
charge of $1.67 per thousand gallo ns. This is calcu lated to be 7 5 percent of th e cost of pot able water
for an average 12,000 gallon per month irrigat ion customer. (The 12,000 gallon per month figure was
obtained by averagin g th e consumpLion of irri gatio n meters in Se lva Lakes and Selva Linkside, whi ch
arc most similar in size and nature to the lots proposed tbr the new development).
The proposed bulk rate o f $0.30 per thou sand ga ll ons is based on the ave rage of th e Clay Coun ty
Ut ilit y Autho ri ty and J EA rates. These two utilities would represent the market value lb r bulk
recl a im ed water in our area .
Statewide Comparison
According th e Florida Depa11ment of Env ironment al Protection's (OEP's) 2013 Reuse In vento ry, a
total of70 utiliti es in the sta te do not cha rge th eir reclaimed custo mer s a ny fee. Of th e 133 uti li ties
th at charge res id ential customers, the ave rage charge per thou sa nd ga ll o ns is $1.15, w ith a ran ge of
$0.12 to $9.36. The 227 uti lities that char ge bul k rate fees average $0.82 per thousand ga ll ons, wi th a
range ol'$0.10 to $3.14
BUDGET: As the 180 hom es are construc ted, the City w ill begin rece iving wa ter and sewer impact
Ices as well as revenues from th e rec laimed water system. Imp ac t fees wi ll to ta l $934,200. Arulllal
revenues from the new reclaimed fees are estim ated at $63,000 per year.
RECOMMENDATIONS: Place tbc Ordinam:c No. 80-14-85 on tbe June 9 20 14 meeting for
Introduction and First Reading.
ATTACHMENTS: I.
2 .
3.
Proposed Ordinance 80-14-85
Sp readshee t of Proposed Reclait11ed Water Rates
Spreadsheet of J EA and CCUA Reclaimed Water Rates
R EV IEWED BY CITY MANAGER: ::??; ~~ c::?'~
2
ORDINANCE NO. 80-14-85
AMENDED AGENDA ITEM #7B
JUNE9,2014
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
1'li $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:
AMENDED AGENDA ITEM# 7B
JUNE 9, 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
$1.67 $1.67
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% ofthe "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 Attorney
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 $1.67 All kgal
Bulk Rate
Volume
All kgal
5/29/2014
Amount
$8.97
$11.22
$22.43
$35.85
$71.73
$112.08
$224.17
$358.67
Cost/1000 gallons
$1.67
Cost/1000 gallons
$0.30
AMENDED AGENDA ITEM #78
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
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
ClTY OF A TLANTlC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA lTEM : Detector Checks for Fire Line Metering
Propo sed Ordinance No . 8 0-14-8 6
SUBMITTED BY: Donna Kaluzniak, Util ity Directo~
DATE: May 19,2014
STRATEGlC PLAN LINK: None
AGr~'ND/\ ITnM II 7C
JUN E 9, 20 14
BACKGROUND: In 2005, as part of th e City's Water Los s Prevention Program~ staff
recommended an d the Comm iss ion approved an Ordin ance requi ri ng fu ll metering of new fire
service li nes. Fire service lin es are individual water services that are used stri ctly for fire
sprink ler systems or for private fir e hydrants . Typica ll y, they would onl y be used during a fire,
or wh il e tes ting or repairing the fire sptink ler system or hydrants for proper function.
Staff was concemcd that wa ter los s might be occu ning through these lines , which were not
required to be metered . How eve r, sin~e enacting the Ord in ance, staff has not seen any
unexplained water usage.
ln s tallati on of a full meter on a fire line is very expensiv e for bu s in esses. T hese lines arc
typically 6-inc hes or more in di ameter. The cost oft he meter, and con struction of a meter vau lt ,
bypass lin es , etc. can cos t $14,000 to $20,000.
To reduce th e burden on businesses , s taff would I ike to revise the ordinance to require the
in stallation of detector check meters on fire lines instead. These are sma ll meters that are
in sta lled on a bypass on the fire service lin e. The met er wi ll register lh at flow has occu n·ed , but
will not indica te the full flow through U1e lin e. The Ci ty can monitor whether flow h as occun·cd ,
and require verification that th e flow was for a fire or fire line test. If ver ifi ca tion is not
provided, the City can then require the owner to instull a fu ll fire lin e meter.
BUDGET: The City does not rely on nor anticipate revenue from this serv ice and therefore
th ere is no budget imp act.
RECOMMENDATlON: Approve rntroduct ion and First Reading of Ordinance 80-14-86
requiting detector check meters on fire service lines in s tead of full meters.
ATTACHMENTS: J . Ordinance No. 80-14-86
REVlEWEDBYClTYMANAGER: ~ t/~ d'tL-w
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 Ordin ance# 20-14-1 27
AN ORDINANCE AMENOJNG THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER I, 2013 AND
ENDING SEPTEMBER 30, 2014, AND PROVIDING AN
EFFECTJVE DATE.
SU BMITTED BY: Nelson VanLiere , City Manager
DATE : May 15,2014
1\(iENOA f'I'E NI/1 70
JUN ~ 9, 20 14
BACKGROUND: Thi s propose d ordina nc e wil l accomp li sh a number of budget
adjustments to address prev iou sly discussed expend itures and grant awards that were not
inc lud ed in the origin a l bud ge t:
• Debt Se rvi ce Fund closure and transfer unu sed fund s of -$2,500 to the Ge ner al
Fund , upon payoff of the 1999 Sun Trust Revenue Refundin g Bond;
• In creased net ex penses of $52.500 in th e administrative di visions of the Ge neral Fund
for seve rance payments rela ted to th e termin ation of the prio r City Manager and C ity
Attorney and hiring a sea rch firm to ass ist wi th a permanent repl ace ments, offse t by
th e sav ings associate d with the vaca ncy created in the Finance Department resulting
from ass igrune nt of the F ina nce Director as the interim City Manager;
• Aid to th e Fri end s of Atlantic Beach Eleme ntary (F AB E) o f $14 ,650 to assist wi th th e
res urfaci ng of th e track at th e elemen tary sc hoo l;
• Gra nt award/con tr act adjustments of increa sed net reven ues for the CDBG gran t of
$65,263 , red uced revenu es of $5,220 fro m th e PDEP ADA pedlb ike path gran t award
because eli gibl e expenses we re less th an anticipated; and, in crea se d gra nt revenues of
$116,250 from a FEMA Ha zard Mit iga tion award for the Donner Sub di vision sewer
up grades;
• Approva l of a $24,000 contrac t for CRA to perfo rm a site feasibility stud y for a new
Po lice bui lding ;
• Cont ract exte n sio n app rova l with Advanced Disposal Services for sa ni ta ti on se rvices,
effec tive Ju ne l , with in creased comme rcia l tippagc charges for the re mainder of
fiscal year 20 14 of $50,000; and,
• General Employee's Retiremen t Plan ex pen se increase of $80 ,000 tor six employees
exe rcis in g their Deferred Retirement Option Plan (D ROP) benefit op tion.
BUJ>GET: The budget items above increa se revenues and expenses$ 179 ,883 and
$224,745 respectively, with an overall redu ction in fund balances of$44,862.
RECOMMENDATION : Approve Ordinance #20-14-12 7
ATTACHMENTS: Ordinan ce# 20-14-1 27
REVIEWED BY CITY MANAGE R: :2t t/a...... ;;7th./
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
lTV OF ATLANTI C BEAC H
CITY COMMI SS IO N MEETIN G
STAFF REPORT
AGE NOA l TEM: Pu bl ic I tearing for UBRX-14-00100012
SUBMITTE D BY: Jeremy llubsch ~ Redeve l op m e n t~ z~Ai ng Coo rdinato r
DATE: Jun e 2. 20 I tl
STRAT EG IC I,LAN UNK: None
1\MEN I)I\1) AGENDA ITEM liSA
JIJNIS 9. 20 14
BA CKG RO UND : T he proposed Use-13y-Exccp tion is requested to allow the appl icam Lo :~dm i nister,
repai r, and store tax icabs al 1840 South Mealy Street in th e Light In dustria l and Warehousing (Ll W)
Zon ing Dist rict. They are requ ired to ge t a Use-By-Exception according to Sectio n 24-112 (c) (5), which
req uires one fo r, "establishmen ts for heavy aut omotive repa ir, tow in g service or the permAnent storage o f
nutomob il cs, III Oto rcycles, ttucks. nnd lractors, machinery a nd equipmen t a nd s imi lar uses."
The applican ts sta ted in th e application package tha t the activi ti es on site include those of a
serv ice/transportat ion company servi ng J ackso nvill e and the Beaches. Their primary hO Llrs of operation
Arc Mo nday th ro ugh Frid ay, 8:00 /\1\1.1 to 5:00 PM . llowever, they state that they are a 2417 operat ion with
mi ni ma l sta n· on d uty alter 5:00 PM tli <ll inc ludes di spatc h and cal l center s uppor!. The ap pl ica ti on sta tes
thai "drive rs will come to base occas ionall y in the eve ni11gs Lo change ve hicles". Th e compa ny currentl y
has I 0 full lim e employees, in cludi ng dis patc hers , custo me r service represe nt a ti ves , finance, a nd support
start: as well as three fu ll ti me mechanics and a neel manager. T he cab d ri vers a re independent
con tractors wit h a flee t th at co ns ists of 65 vehic les. T he ma intenance shop is n full service shop that
operates between 8:00AM a nd 6:00 PM. T hey stnte that th ey will no t ser vice vt:hicles on weekends or in
the eveni ng.
StaiT recommende d to the Communi ty Deve lopment Board th at a cap be put on Lhe amoun t of cnrs that
ca n remai n on s ite, so that it doesn·L have the abil ity to turn in to a junkyard. T he propetiy owner is
suppm1ivc of thi s cond ition and the app licants stated a cap of 25 cars plus emp loyee vehicles wo uld be
reasonab le. T h e CoJrummily Develo pment Bofl rd voted to reco mme nd approwtl of t h e w~e-by-~x~ep t ion
by n vote of 5-0, with the con diti on tha t H maximum 25 vehi cles be s tored on si te, plu s empl oyee parking .
At the J une 2711' workshop, the C it y Commission ex pres sed i nteres t in preven tin g peop le fro m livi ng on
si te nn cl also wan ted th e app li can ts to get approva l from the St. J olms Wa ter Ma nage ment Districl.
BUDGET: None .
llliCOMM EN OATJO N: Approva l ofUs~-By-Exccpt i on 14-00100012 with th e con diti ons tha t a
maxim um of 25 ve hi cles be sto red on si te, plus employee parki n g; no residen tia l housi ng be a ll owed on
s ite: a nd lh e app lican ts get approva l from St. Joh11s Water Ma nftgeme n t District or a letter stati ng no
<ipprova l is necessary.
ATT ACHM ENTS : Drnn minutes of the Apri l 15, 20 14 Commun ity Development Board
meeti ng; copy of Community Devel opment Board staff report; copy ofUBEX-14-00 I 000 12 app licat ion.
RI~VIEWlm BY CIT Y MAN AGE R: ~ t4-c--. ;:4..('.--.....-(
------~-------------------------------------------------------------------------------
AGE NDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4·A
UB EX-14-00100012
AM I·NDED AGENDA ITEM I/8A
JUNE 9, 20 14
Requ es t for use-by -exception as perm itted by Section 24-112 (c)(S)
to allow t he perma11ent st orage of autom obiles and autom otive repa ir in the
Ligh t In dustria l and Warehouse Zo ning District
1840 SOUTH MEALY STREE T
NORTHEAST TRANSPORT/\TION GROUP LLC
APRI L 1 0, 2 014
JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORD INATOR
Th e proposed Use-By-Bxcep tion is r eq uested to a ll ow th e app licant to ad mini ster, repair, and sto re taxicabs at
1840 So u t h Mea ly Street. The app licant currently operates the taxi cab com pa11y th at d ispatches, ad mini s ters,
repairs, an d s tores the vehicles on site ca ll ed Coasta l Cab. Th ey are req uired to get a Use-By-Exce ption acco rding to
Sec ti on 24-112 (c) (5), wh ich r equi r es one for, "establish me nts for heavy auto motive repair, towi ng serv ice or th e
permane nt s torage of a uto mobil es, motorcycles, trucks, and tracto r s, mac hin ery a nd eq u ipm ent and s imi lar uses."
The applicants stated in th e a ppli cation package that the activ iti es on s ite includ e those of a se rvi ce/tra nsportatio n
com pany se rvin g Jackso nvill e and the Beaches. Their p r imary business hours of operation ar e Monday thro ugh
Friday, 8:00 AM to 5:00 PM . How eve r, th ey s tate that th ey a r e a 2'1/7 operation wi th minim al staff on duty aft er
5:00 PM lh at in cl ud es dispatch a nd ca ll ce nter s upp ort. The application states that "dri vers wi ll come to base
occas ion a ll y in the eve nin gs to cha nge ve hicl es". The co mp a ny c urre ntly has 10 full tim e employees, includ ing
dispatchers, custo mer serv ice r eprese nta ti ves , finan ce, an d s upp o rt staff, as we ll as three full time me cha ni cs a nd a
fl eet manager. The cab d r ivers a re ind e pe nd e nt contractors. Th e fleet co nsists of 65 vehicles. The ma inte nance
sho p is a full serv ice s hop that operates between 8:00 AM a nd 6 :00 PM . Th ey s tate th at they will not servi ce
vehicles on weekends or in th e even ing .
The p rope r ty is s urro unde d by oth er indu strial types of uses. As you ca n see in Figure 1, a s ub sta ntial amount o f
outdoor storage is lo ca ted in the ge n er a l vic inity. Ca bs entering and leaving th e property do so via Dutt on Is la nd
Road to Mayport Road. Th e ciLy's Publi c Works department will render a n opinio n on th e impact on local
roads/infras tru cture prio r to thi s item go ing b e fore City Co mmi ssion .
Subject Site and Surrounding Properties
Fig u re 1 . Ae r ial of 1840 Mealy St reet. Taken f rom JaxGi s website.
LAND DEVELOPMENT REGULATION S
AMENDED AGENDA ITEM liSA
JUNE 9, 20 14
The su bj ect property is located in the middle o f a large distr ict o f properties that a r e zo ned Light Ind ustria l a nd
Warehousing (LIW).
Sec. 24-112. Light Industrial and warehousin g di s tricts (LIW)
(a). I ntent. The li ght in dustrial and warehousing zo nin g distTict is intended for li ght manufactu ring, sto r age and
warehousing, proce ss in g or fabrication of nonobj ec tionabl e products, not involvin g t he use of ma te ri a ls, p
roc esses or machine ry lik e ly to ca us e undes irable effec ts upon nea rby or ad jacen t r es idential or
com mer cia l activiti es.
(c.) Us es-by-exception. Wi th in the li ght industria l and wa r ehousin g zoning district, th e fol low ing uses may be
approved as a use-by-exce ption.
5). Establishments for heavy automotive r epa ir, tow ing ser vice or the permanent sto r age of auto mobiles,
motorcycles, trucks a nd tracto rs, boats, mach in ery a nd eq uipment, fa rm eq uipm ent a nd sim il ar uses.
COMPREHENSIVE PLAN
Policy A.1.5.6 of the Comprehensive Plan states that Commercial and li ght industrial development shall be located
a nd designed so as to min imize a dve rse effects on r es id e nti a l areas, traffic fac iliti es, an d the aesthetic character of
the City.
Page 2 of 4
AMENDED AGENDA ITEM# 8A
JUNE 9,2014
Policy A.1.11.1 of the Comprehensive Plan states the land use categories, as depicted upon the 2010-2020 Future
Land Use Map (PLUM), 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 consistentwith 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
AMENDED AGENDA ITEM# 8A
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 of this Use-by-Exception is not consistent with the intent of the 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.
Page 4 of 4
A~ifENI)t;O AG ENDA ITPM fl81\
JU NE 9, 20 14
APPLICATION FOR A USE-BY-EXCEPTION
Dntc. 03/04/2014
City of Atlantic Bench · 800 Sem inole Road · Atlnutlc Bench, li'fodda 32233-5445
.Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.us
FilcNo .. ___________ RccciJlt __________ _
1. Applicant's Nome Northeast Tran sportation Group LLC
2. Appllcnnt's Adrlress 14561 58th Street North, Clearwater, FL, 33760
3. Property Localion 1840 Mealy Street, Atlantic Beach, FL, 322323
4. Property A)lpraisct·'s Rent Estate Number 17237 4-0150 nloc l( No. 42·4817•25·29E Lot No •. _1_0 ___ _
5. C unent Zoning Class llicntion AILW 6. Comprehensive 11 lnu Futtt rc L11nd Use dcs ig nHtiou AILW
7. Requested Use-by-Excllpllon Administer, Repair and Store Taxicab s
8. Size of l'arcci _1_A_cr_e __ ~--------9. Utility Provide•· _J_E_A ____________ _
10. S ta te ment of facts aud special t ·casons for the requested Use-by-Exception, which demons trates compliance with
Section 24-63 of the City of Atlnnlic Beaclt Code of OnJin11uccs, Zoning and Subdivision Regulations . Attach as
Exhibit. A. (The attaclted guide mny b e u sed if desired. Please ndda·css each item, 11s app1·opriAtc to this request.)
JJ. Provide all of the following Information. (All Information mu st be provided before an applicntion is scheduled for any
public hearing.)
a . Site Plan showing the location of all structures, tempoa·ary rmd permnnent, Including sctbncl1s, building height,
numbct• of stot·lcs and squnrc foutnge, impet·v iou s s urface nrcn, :m el existh•g and/or proposed t.ll'ivewnys.
ldcntil}' nny existing s tructures and uses.
b. Proof of ownersh ip (deed o1· ccrtificnte by lawyer ot· nbstr:tct compn ny o1· title compnuy that vel'lfics record
ownc1· as nbovc). If th.c npplicnnt is not the owner, n lcttct· of authorization from the owncr(s) fo•· applicAnt to
I'CJJI 'csc nt the owner for all purposes rein ted to this npplicntion mu st be provided. ·
c. Survey and legal d esc ription ofj:u·oper ty sought to be rezoned. (Attnch ns Exl•ibit B.)
d. Require d number of copies. (1\vo (2) copies of aU documents thnt nrc not I:u·gcr thnn 11 x 17 inches in size. If
pl nns or· photogt·flphs, oa· colo•· nttncbments nre submitted, plensc provide eight (8) copies of these.)
e. Applicntion Fcc ($250.00)
I HEREBY CERTWY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION' IS CORRECT:
Signnttu·c of owuct·(s) oa · nuthorlzcd person if owJ te t·'s authorizfitlon form is attnched:
P•intodoo k@"~ Robe?~
Sigunture(s)~KS£::5 ~ ..-=----
ADDRESS AND CONTACT INftORMATlON OJi' PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING T HIS
APPLICATION Nnmc:_R_o_b_ert_G_a...::.g_lla_r_dl _____________________ _
Mailing Address: 14561 58 th Street N, Clea}Water, FL, 33760
Phone: 727-254-8844 FAX: 727-532-6287 E-mail: bob@coastalcab-jax.com
EXHffiJI'f A
AMENDED AGENDA ITEM #SA
JUNE 9,2014
The review of an application for a Use-by-Exception shall consider the following items. Please
-address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
Concrete road lo cul-de-sac called Mealy Street.
2. Parking and Loading Spaces, where required, with pru1icular attention to the items in (1) above.
N/A
3. The potential for any adverse impacts to adjoining propet1ies and propet1ies 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 Wasle 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 entire property Is fenced ln. Abutted on each side by Industrial commercial property
similar to our request which includes a~mlnistration, 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 properties in the Disb·ict; (See Signs and Advet1ising, Chapter 17.)
No sign age Is to be erected. One 4X4 sign Is affiXed to the building.
8. Required Yards and other 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 conslruc!ion.
Other information you may wish to provide: --.,.--------------------
we are very clean and neat and expect no environmental impacl
~bing Maps
1840 Mealy St S, Atlantic Beach, FL 32233
My Notes
·----·----------~ Iii! Onlhc go? Uc.o m.ulng.com lo nne rnnpr.,
di recli~n~. liiJ!iine&C·O!i, ond n;orc3
. u \ . -~...l Bird's eye view maps ca n't be printed, so another map view has been substituted .
AMENDED AGENDA ITEM IIllA
JUNE 9 ,20 14
http://www.bing .com/maps/print.aspx?mlct=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/0 Shale,ne Estes, Zoning Technician
RE: Coastal Cab
1840 Mealy Street
Atlantic Beach, FL 32233
AMENDED 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 6:00PM. 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
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AM I;ND ED i\GFNDA ITEM 1/31\
JlJN I: 9,20 14
Draft Minutes of th e4/15/20 14 Conmmni ty Development Meeting.
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
Apri115, 2 0H·
1. CALL TO ORDER.-6:00 pm
Chair Brea Pau l ve rified t hat all board m emb ers are present w ith the except ion of Patr ic k
Stratton an d Linda Lanier. The m eeting was ca lled to order at 6:00pm . Al so prese nt was
Redeve lop m ent and Zo ning Coordinator, Jeremy Hubsc h, Reco rdin g Secretary Jenny
Wal ke r, and represent in g the firm l<ope l ouso s, Brad ley & Ga rriso n, P.A . wa s Mr. Rob
Bradley.
2 . ADOPTION OF MliETING MINUTES -February 18, 2014.
Brea Paul ca ll ed for a motion to approve th e minutes of t h e Febr u ary 18, 2014 r egu lar
meeting. Mr. Han se n m ad e a motion t o approve the minutes as amended. Mr. Parkes
seco nd ed the motion and it ca rried by a vote o f 5-0.
3 . OLD BUSINESS. None.
4. NEW BUSINESS.
A. UBEX-14-00J00012(P UBLIC 1:-II.J:ARING)
Stoff
Report
R e quest fm· usc-by-exception as permitted b y Section 24 -112 (C) (5), to
a ll ow the p ermanent· s tomgc of a utomobiles a nd a utomotive repair.
Jeremy Hubsch, Redevelopment and Zoning Coordinator stated
this UBEX-14-00100012 is a req ue st for a Use-by-Excep tion to
allow the p erman ent storage of automo bil es an d automotive
repa ir in a Li ght Industrial and W arehousin g Zo ni ng District.
The app l i ca nt is Co ast al Cab Company. Th e subject prope rty is
located in a large district o f properties tha t ar e zo n ed Light
Industrial an d W are ho usi ng (LIW). The proposed Use-b y-Exce ption
is reque st ed t o all ow th e appli ca nt to ad minis t er, r e pair, an d store
taxi cabs at 1840 M ealy St r ee t. The app licant cu r r ently ope rat es
th e ta xi ca b compan y that dispatches, ad ministers, r epairs, and
stor es the vehicles o n site.
Page 1 of3
Draft Minutes of the 4115/2014 Community Development Meeting.
AMENDED AGENDA ITEM #8A
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
AMENDED AGENDA ITEM #8A
JUNE9,2014
Draft Minutes ofthe 4/15/2014 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.
Kirk 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.
Kirk 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 COMMJSSlON MEETlNG
STAFF REPORT
1\GgNDA 1'1'1\M II 81l
JU NE9, 20 14
AGENDA ITEM: Requ es t for a Wa 1iver from City Code Section 19-7 Driveway Limitations to
Allow a Thi tty Foot Driveway at 436 Bea c h Avenue
SUBMrTTED BY: Rick Ca rp er, P.E.., Public Work s Director,tc_
DATE: April4,2014
STRATEGIC PLAN LINK: No link
BACKGROUND : App li cant is co nstructing a new home at 436 Beach Avenue with a t hree car
garage. The lot fronta ge is 50 teet.
City Code Section 19-7 Construdion of driveways in rights-of-way contains the tbll owing
rcq uiremcnt s for driveways (emp hasis ad ded):
(a) The proposed drivew ay shall nol create more than 50% im pervious area withjn
th e right-of-way.
(f) Maximum driveway w idth at the property line and through the right-of-way sha ll
be 20 feet. Ma x imum dtiveway width for circular drives sha ll be 12 feet , and circu la r
drives sha ll only be petmitted on lots having at least I 00 foot frontage.
The app li cant has demolished exist in g residence and proposes to instaJI new 30' dtiveway usi ng
pervious pavers (see Attachment 2). Estim ated impervious su rface coverage of the right of way
with the new driveway wi ll be less than 50% ba sed on pavers at 50% impervious surface (LOR 24-
l 7 Definition of Impervio us Surface).
BUDGET: No budget issues.
RECOMMENDATION: Co nsider appmval of requ ested waiver to the C ity Code Sect ion 19-7
requirements.
ATTACHMENTS: 1) Waiver Applicat ion fo r 436 Beach Ave
'
REVlEWED BY CITY MANAGER -:zz ?&47 ~
1t~
By hone: (904) 247-5800 · FAX (904) 247-5845 · http://www.conb.us
AGEND A IT EM 1/8 0
J UN E 9, 20 14
D"• '3 / ( /14 File No .. __________ _
l. A.pplicnnt'sName :f~st lek"-t~~ -=R~d L4.V\d.
2. Applicant's Address ~ "Btc-~'\ A\)€..,
3. Property Location 1?& '\3tsp(/\ ~
4. Property Appraiser's Rcalll:~tatc Number l ( (/_..!..l..::!v~4:__---=0:....._0_0_0 _____________ _
5. Current 7..onlng Classification ,4(2.. 5-z_. 6. Comprehensive Plan Fu1urc Land Use designation ----
7. Provl•loo from whl<h v"''"" ;, "•""''d_j_I'\L-Yea-5<!,. ~~~~ = Vl5V\ ~/ UM 1'o ~ {7J :;>/,lNJ "G v 3 ~OJ\a~@ ·O:e~'!3\
8. Size or Parcel '2 ez____:t_ _j_ 4 ?
9. Homeowner'~~oclatlon or Architectural Review Committee approval required for the proposed construction.
DYes ~o (If yes, this must be submllltcd wHh nny npJllicntloo fol' o Building Permit)
10. Statement of facts nnd site plan related to requested Variance, which demonstrates compliance with Section 24-64 of
the Zoning, Subdivision and Lund Dcve.lopment Regulations, a copy of wbh:h js ouachcd to this application.
Statement and site plan must clearly descl'ibc and depict the Variance that Is requested.
11 . Provide all of the following information:
n. Proof of ownership {deed or certiflcntc by lawyer or abstract company or title company that verifies
record owner as above). If the appllc~ant is not tbe owner, a lc11er of authorization from the owner(s) for
applicnnt to represent the owner for a illJJurposes related to this application must be prov.lt1ed.
b. Survey nnd legal description of property for which Variance is sought.
c. Required num'ber .4f copies: Four {~1), except wJICJ'C original plnn~. photographs or documents larger
than llxl7 inches are submitted. Please provide eight (8) cooles ofany such documents.
d . Application Fee ($250.00)
I HEREBY CERTIFY TIIAT ALL INFORMATION PROVJDED WITH THIS APPLICATION IS
CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Prlntedor~ fi.~~~
Sig~s): v~ __ _
ADDRESS AN CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
~!~~:RDING~ICAmSLQ c(o 13esc..o:Bv..J~
AGENDA ITEM II 813
J UNE 9, 20 14
The following paragraph sets forth reasons for which a Variance may be approved. Please
c hecl c th e circumstances that appl y to your request and briefly describe in the space provided.
(d) Grounds for approval of a Variance. A Variance may be granted, At the discretion of the Communi ty Development
Board, for the following reasons.
0 (I ) exceptionallopographlc condi ti ons of or ne~r the property.-------------
Jt(2)
~~~~~~~~~~~~~4--
D (3) exceptiona l circumstances preventin g the reaso nable usc of the property as compured to o ther properties in
the area.-----------------------------
0 (4) onerous erfect of regulati ons enae led afler p latting or afle r de velopment of the property or after
eo nstru ction of improvements upon th e property.----------------
0 (5) irregul ar shape o ft he property warranting spec ial consideration.-----------
0 (6) subs tandard size of a Lot of Record womwting a Variance in order to provide for th e reasonable Use of tho
property.----------------------------
(e) Approval of a Vari11nce. To npprovc an application for a Variance, the Community Dcvolopmcnt Boord shall lind
th a t th e request is in accordance with the preced in g tenns and provisions of thi s Sec tion nod tha t the granting of th o
Variance wi ll be in harmony with the Purpose and In tent of this Chapter.
(0 Approval of Lesser Vorinnccs. The Community Developmen t Boord sha ll have the au thority to approve a lesser
Variance than requested if a le sser Vnriance shall be mo re appropriate ly in accord with the terms on d provisions ol'
this Section and wi th the Purpose and Intent of th is Chapter.
(g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings sho ll not be
grounds fo r approva l of a Variance.
(h) Waiting period for re-submittul. If an npp li cation for a Variance is denied by tho Community Development Board,
no further ac ti on on another applica ti on for substan tially th e same request on tJ1e same properly shull be accepted for
365 days from the date of denial.
(i) Time period to implemen t Variance . Unless otherwise stipul ated by the Communit y Development Board , tho work
fo be performed pursuant to a Variance shall begin withi n six (6) months fro m th e da te of ap proval of th e Variance.
T he Community Development Direc tor, upon finding of good cause , may authorize a one ti me extension not to
exceed on 11dditional s ix (6) months, beyond which time th e Variance sha ll become nu ll and void.
U) A Variance, which involves the Development of Land, sha ll be transferable and s hall run wi th the title to the
Property un less otherwise stipu lated by th e Commun it y Developmen t Board .
Additional comments:
AGENDA ITEM II 8B
J UNB 9, 20 14
---------------------------
AGENDA ITEM 11 813
JUNE 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~tl¥; 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
l'l ' c::) z -"' ~ c --~
~ ~ -· -~
~
l
! .
~OT 3, BLOCK 22, PLAT No.1, SUBDIVISION "A·, AllANT\C BEACH, AS RECORDED IN PLAT BOOK 5 ,
~AGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, SAID BLOCK 22 IS ALSO
~OWN AS BLOCK 20, ATLANTIC BEACH, PLAT BOOK 5, PAGE 64 OF THE CURRENT PUBUC
ECORDS OF DWAL COUNlY, FLORIDA.
LOT4
145.29' FIELD
FOUJ'(O "'1:' CUT 145.00' CONORETE FOOTER
o~/
iO...J ~0
~0 COD. ...
~0-lj3
~o g
OS'
_/:U FOUND 3M•IR£>N
PIPE. I«> CAP
143.76'
1~13.92' FIELD
LOT2
"" 0 C§W
~::::>
~z
~w
o!:l!> gQ!~<(
"-g ~~ J:
*~ (.)
1-<( :J:
(!) w a:
0 m '<t
0.7
AGENDA I'I'I:.M II RC
JUN ECJ.20 14
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Sewer Rehabililtation in Donner Subdivision
HMGP Grant
Donna Kalu z niak, Uti li ty Directo (~
May 12,2014
STRATEGIC PLAN LINK: None
BACKGROUND: The City's Sewer Master Plan Update recom mended that the City usc cured-in-
p lace pipe technology to up grade the o ld , crac:kcd clay sewer mains, and usc lining to rehab ilitate
detCiiorated manholes. The City has limited funds availab le for sewer rehabilitation . Fortunately,
s taff was ab le to obtain Ha za rd Mitigation Grant Program fund s associated with Trop ical Storm
Debby. These fund s will al low the City to comp lete a $1 55,000 project in the area of Donner
Subdivision .
For past sewer rehab ilitation projects, the City ha s piggybacked on ex is ting JEA cont racts. T hese are
large dollar contracts that were competit ively bid. JEA awarded a 3-yen r, $5+ million contract to
lnsituform Technologies, lnc.
For manho le rehabilitation , .lEA ha s a 3-year, $1.5 million contract wit h Concrete Co nservation , ln c.
Using the JEA contract unit p ri ces for Jn s ituform, th e cost for cured-in -p lace pipe rehabilitation for
the Donner Subdivision project is $125,707.
Using th e JEA contract unit prices for Concrete Conservation, manho le rehabilitation is $156 per
vertica l foot. For the 14 manhole s (approximately 70 vertical feet), the cost for manhole
reh ab ilitation for th e project is $12 ,012 .
Point repairs may be needed prior to const ru cting the cured-in-place pipe, which would be completed
by the Ci ty's annua l Util ity Contractor, Gruhn May, In c. An estimated $17,000 would be reserved for
point repa irs or additional work by In situform or Concrete Conservation if needed.
BUDGET: A tota l of$155,000 is budgeted £or this project 410-5506-535-6300. The HMGP Grant
will reimburse the City for 75% of the costs, or $116,250. The City's potiion of U1 e project will be
$38,750.
RECOMMENDATION: Aut hoti ze lnsitufom1 Technologies, In c. to provide cured-in-p lace pipe
(Cl PP) for the Sa lt Air Sewer Rehabilitation Project in the amount of $125,707, usi ng specifications
and pricing in JEA Contract No. 11 6616. Authorize Concrete Conservation, fn c. to provide manhole
rehabi litation tor the Salt Air Sewer Rehabilitation Project in the amount of$12,012 using
spec ifications and pricing in JEA Contract No. 11 3044. Allow staff to reserve up to $17,000 for point
l
/\G I~NIJA ITEM /l llC
JUNH 9. 20 14
repairs or addition al work by Ins ituform or Co ncre te Co nserv ation if nee ded . Authotize the City
Mana ger to sign the con tr acts with In situfonn Techn ologies, Inc . and Con crete Co nserva tion , In c.
ATTACHMENTS: I. Cos t Estimate for project us in g J EA con tract pricing fo r ln situfonn
Tech no logies, In c. and Co ncrete Co nservati on, In c. and es tim ate fo r point
rep a irs.
R~VIEWED BY CITY MANAG.ER:_-:?1c--=---' -~-=~...;:;,.:;,~~~l£.-!=.....:;4~' --------
2
AGENDA ITEM 118C
JUNE 9, 20 111
Summary of Project Costs-Donner Subdivision Sewer Upgrades-HMGP Grant
lns ltuform -Cured In Place Pipe
PA#: Job Descnption
Item Spec sc Est. Units Description Unit Prices Total
No. No. No. Qty. Atlantic Beac;h • Donner Rd Price •
1 6.9.6 0 LS T est1n g Allowance $ 25.000.00 $ -
Furnis h 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 s 46,076.10
Reconn ect e>c:is tlng services using robotic
27 963.4 62 EA internal c uller $ 250.00 $ 15,500.00
33 965 3 ,050 LF CCTV and LI~Jht Clean 8"-21'' Dia pipe $ 3.00 $ 9,150.00
7.3.16 Percent General Conclltlons 2.50% s 2,787.30
I§OeToTJ~L $ 114,279.40
I 10 Percen t l(.;ontinge ncy 11427.94
TOTAL -lnsituform $ 125,707.34
$ 156.00 $ 10,920.00
s 1,092.00
$ 12,012.00
Gruhn May Inc • Point Repairs I .
I I I I 2IEA ~~sf1mafea Golnt I"<epa 1rs $ 8,500.00 $ 17,000.00
otal -ruhn May $ 17,000.00
lroTAL PROJECT COST $ 154,719.341
5/12/2014 page 1 of 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA IT I~M II RD
J UN E 9. 20111
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 Staffs recommendation 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 includes stormwater project design, geotechnical and environmental
services and environmental permitting. Also included is development of
Streets cape 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 existing ""60 year old 8" cast iron line with a new 12" PVC main is
included in this project. The complexity of the 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 funds will be allocated to this project in
the new budget, including 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 Engineering Design of Stormwater Improvements for Saltair
Subdivision and Sturdivant Road Sidewalk and authorize the City Manager to
sign the contract with Ayres & Associates.
AITACHMENTS: A. Scope of Services for Engineering Design for Saltair Subdivision and
Sturdivant Road Sidewall<
B. Contract Fee Summary
REVIEWED BY CITY MANAGER: -;7(. V"' Oc-~
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 Project No: 3351-003
Jacksonville, Florida 32246 Description: Seminole Road Drainage and Streetscape Improvements
Tel: (904) 730-9360 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 Cost For
REQUIRED TASK
Hourty Rate $155.00 $125.00 $110.00 $95.00 $90.00 $75.00 Hours Activity
Hours Hours Hours Hours Hours Hours
Ill Professional Services Required
1 Review of 2012 SWMP Update and Existing Conditions
Field Reconnaissance 8 8 8 24 $3,120.00
Existing Conditions Report 8 8 16 8 40 $4,600.00
2 Surveying (see subconsultant proposal) $17,000.00
3 Preliminary Design
Conceptual (30%) Stormwater and Streetscape Design 12 36 50 42 16 156 $17,290.00
Presentation Graphics (2 options maximum) 16 16 32 $3,520.00
Preliminary (60%) Stormwater and Streetscape Design 12 24 40 48 24 148 $15,980.00
Cost Estimating 4 4 12 20 $2,440.00
Final Design and Construction Schedule 8 4 2 14 $1,890.00
Utility Coordination 2 16 24 4 46 $4,650.00
4 Final Design
Final (100%) Stormwater and Streetscape Design 16 16 24 40 40 136 $14,520.00
Cost Estimate Update 6 8 14 $1,930.00
Final Schedule 8 8 $1,240.00
5 Permitting
Permit Preparation and submittal 4 16 8 8 4 40 $4,160.00
6 Geotechnical Exploration (see subconsultant proposal) $9,900.00
7 Water Utility Design 10 24 40 16 90 $9,430.00
8 Lighting Design (see subconsu~ant proposal) $5,250.00
TOTAL MAN HOURS 98 124 206 218 104 18 768
TOTAL SALARY COSTS $15,190.00 $15,500.00 $22,660.00 $20,710.00 $9,360.00 $1,350.00 $116,920.00
LUMP SUM FEES $116,920.00
Expenses $1,000.00
TOTAL LUMP SUM AMOUNT $117,920.00
Revised By:
Date:
J1m Sullivan, P.E. Date: 4/9/2014
'EXHIBIT B'
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.
t\GGNIJI\ I TI~M II 8r·:
J UNE 9, 20 14
Staff Recommendations: Staff has severa l recom me nd a ti ons. The fi rs t is to sync a tno rt i z~:~tio n up w ith
bo th Nep tun e Beac h a nd Jackso nvill e. Neptun e Beach ex tend ed th eirs until th e fa ll o f 2014 , whil e
Ja c kso nv i li e's will not occur unt il 20 I 8. Thi s proposa l mean s keeping th e scheduled 20 15 amortiza tio n
for Atlanti c Bl vd, while ex te ndi ng May port Road's un t il 201 8 to mat c h Jacksonvi Ue's po rt io n of th e
co rri do r. lf bu s in esses on both co rrid o rs a re re quired to co mo int o compli a nce by Ja nuary, 111 20 15. it will
grea 1ly ex haust staff rcsoLTrces and time . By staggerin g the amorUza tion , staff can foc us o n Atl a nti c
Boulevard and th en use that ex peri e nce to wo rk wi th bus inesses o n th e Maypo rt CotTi do r to prepare fo r
2018. TJt ere is also no de ny ing th at rig ht now the re is a major difference in term s of aestheti cs, rent
pric es, and pt·opert y va lu es bet wee n A llanti c Bo ul evn rd and Mayport Road. As the ga teway to the beach
and Town Cent e r, th e comm iss ion may de cide to hold Atlantic Bo ul ev ard to a hi g her s tand ard th an
Ma yp ort Roa d.
ln loo kin g a t how oth er muni c ipaliti es have lumdl ed s ign amorti zat ion, it was found th at th e use of
in cent ive program s has grea tl y cas ed th e conlemi o us ness o f th e process a nd speed th e ir re mova l up. Staff
would like to as k for money in next yea r 's bu dge t to create an incenti ve program fo r ow ners of non-
confo nning s ig ns o n Atl an ti c Bou leva rd. Thj s program co uld he lp offse t th e costs of re moval/alterati on.
Gene rall y 5 0 /5 0 matches arc the stand ard for these typ es of program s. Starr es tima tes th at rou ghl y 8 o f
lh e 25 non-co nfo rming signs on /\tla ntic Boul eva rd ca n be redu ced by c ullin g th e s ign pole, 2 can be
corrected by min o r a lt erat ion s, and 8 ttu·ough maj or a lt erati ons. T he remain ing seven wo uld lik ely need
total replaceme nt.
Exte ndin g th e amo1ti zat ion to 20 18 fo r Mayport, would also g ive sta ff tim e to try to c reaLe an in cen ti ve
progr am for non-co nformin g sig ns th ere and to start wo rking proacti ve ly with bu sin esses. Th e re is th e
poss ibi lit y of usi ng fu ture C DB G fund s for a sign remova l progra m. Additi onally , th e ci ty ma y ex pl o re
th e c rea ti on of a C RA al o ng the Ma yport Road co n·idor, whi ch wo uld be a n oth~r mecha ni sm to fun d an
in ce nti ve program. Give n th e c utTen t ma rke t co nditi o ns, a nd lack of a long te rm re developm ent p lan , sta tl
be lie ves it is in the best interest of a ll parti es to delay amorti zati on to 201 8 fo r Maypo rt Roa d.
Staff would a lso like to usc thi s opp ortunit y to cons id er ma kin g c hanges to th e s ign code th a t relate
s pec i ti cal ly to amo rt iza ti o n. One o f those is lo c rea te spec ifi c standards th at wou ld all ow non-co n fo m1in g
signs to be granted a waive r. C urren tl y, the code s tates that a wa iver ca n be sought , but does no t have
es tabli shed c riteri a for when o ne sho uld be grant ed. An oth er possi bl e change is to require th at non-
confo rmin g s igns co me into co mpli ance wh e n a sub s tanti al redevelo pm ent happ e ns on a propct1 y.
Curre ntly th e cod e o nly requ ires a sig n come in to co mpli a nce if th ere are a ny c han ges to th e sig n it self',
but docs no t re qui re it when any olh er im proveme nt s occur on a property. If amort ization is ex te nd ed to
20 18 a long Mayp o rt Road , th is pr ovi s ion wo uld e ns ure more bu sin ess es co me int o co mp liance with ig n
codes pri o r to th e dea d lin e.
BUDGET: None.
RECOMMENDATIO N: Requ est 1h at taff dra fl a n ordin a nce that a me nd s th e ex is ting sign cod e
to ex te nd a mortization to 20 18 for Mayport Road; es ta bl ishe s specific s ta nd ard s fo r the grant ing of
wa ivers ; a nd re qui res no n-conformin g signs to co me int o compliance when sub sta nti a l ren ova ti o ns occur
on a pro perly.
A T'fACUMENT S: Exi stin g non-co nro rming sign co de. Ma ps of curre nt non-conforming
s ig ns a nd new co n fo rm ing signs. ..
REViEWED BY CrT Y MAN AGE R: _'--ft--"-s.s..-"t/c.::......ao.-,_z:...<_..~.e.oft~tbt..A"""~----------
PART II -CODE OF ORDINANCES
Ch apter 17 -SIGNS AN D ADVERTISING STR UCTUR ES
ARTICLE IV . NONCONFORM IN G SIGN S AND WAIVER TO CERTAIN PROV ISIONS
ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS
Sec. 17-51. Nonconforming signs .
Sec. 17-52. Requ est s to wa1ve certain te rm s of this ch apte r
Sees. 17-53-1 7-60. Reser ved.
Sec. 17-51. Nonconforming s ig ns .
AGENI")J\ ITEM f1 8t::
JUNE 9. 20 1•1
All signs, which were lawfull y in exist e nce a nd constructed or install ed with pr operly Issued sign
permits as of the e ffective date of t hese amended regulations , and whic h are made nonconforming by the
provisions herein s hall be a llowe d to remain in accordance with the following cond itions:
(1) Freestandin g signs, permitted pursuant to se c ti on 17-29, m ade nonconforming upo n the initia l
effective date of these amended regu lations, w hich are not In compliance on ly w ith respect to
the minimum required distance of five (5) feet from any property lines shall be a llowe d 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 easeme nt an d that no interfere nce with clear sight distance exists, and
further provided th a t s uch signs are otherwise In complianc e with the terms of th is chapter.
(2) Freestanding signs, perm itted pursuant to sect1on 17-29, made nonconforming upon th e initia l
e ffective date of th ese amended regulation s, which are not In compliance with r e spect only to
m aximum width, height or size s hall be a llowed to remain, provided that such signs a re
otherwise in compliance with th e terms of this chapter.
(3) Nonconforming signs , Includ ing those as described In preceding p arag raphs (1 ) and (2) shall be
made conforming with a ll provis ions of th is chapter when any of th e following changes are
made:
a . Any c hange to the s tru c tural supports o r st ructural mate ria ls, including temporary
relocation associated with routine ma intenance of a property.
b. Any c h ange which increases the ill umin atio n .
c . A ny change w hic h increases th e height of a sign .
d . Any c hange, which a lters th e material used fo r the d isplay area or face a rea by more tha n
twenty-five (25) percent.
e. Any replacement required as the result of an accidental ac t or a weather-re la ted act.
f. Any r eplac ement of an aban doned s ign .
g . Any change necessary for com p liance with Florida Building Code requirements.
(4) The provis ions of this se ction shall not be construed to apply to s igns that are abandoned ,
deteriorated , dilapidate d , or in a genera l s tate of disrepair, or which a r e determined to create a
hazard to public safety. Such s igns shall be su bj ect to the provisi ons of section 17-33
(5) Notw ithsta n ding t he p receding provisions of paragraphs (1) through (4}, all signs permitted
within commercial and industrial zoning distri cts, purs uant to sec ti on 17-6 of this chapter, s h all
be mad e to confo rm w lth the p rov isions of thi s chapter, as m ay be amended on or before
January 1 , 2 01 5 .
(C)rd t'lr > llt1 -fl 212.~1..9-9-02 Ord l'lrJ G003-1:i,§2, !2 IQJ·Ord No llfr-11 1r, 6,1 It! 11111)
Atlantic Bea ch, Florida, Cod e o f 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
AGENDA ITEM II 81::
J UNE9,20 14
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J UNE9,20 14
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New Conforming Signs
AG I~N DA ITEM II 811
JUNE 9, 2014
Non-conforming Height and Setback Signs
AGENDA ITEM :
SUBMITIED BY:
DATE:
BACKGROUND:
BUDGET:
ATTACHMENTS:
RECOMMENDATION :
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
1\GEND/\ ITEM II Hr
J UNE 9, 2014
Requ est from the Friends of Atlantic Beach Elementary School
Timmy Johnson, Re cre ation Director
May14, 2014
At the May 12 City Commission m ee ting, Friends of Atlantic Beach
Elementary Committee Pre sident E. K. Cottrell reque sted
assistance from the City to resurfa ce the running tra ck at Atl antic
Beach School. An estimate in the amount of $14,650 was
submitted to the Commission with a ba si c sc ope of work.
A Memorandum of Und erstar1ding wa s agreed upon and sign e d
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 pub lic enjoyment.
Section 3 Maintenance of Improvements and Property.
City shall maintain, at its sole cost and expen se, th e
Improve ments installed by it on the Property. The City shall also
keep the Property free from debris, tra sh and other unsightly
refus e associated with congregations of persons as spectators and
participants in recreation or other activities during and
immed iately after City's use 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
funded from General Fund Balance Re se rves.
Estimate with scope of work from Mclean Tenni s
Memo randum of Und ers tanding
Authorize the City Manager to provide assistance and funding to
the Friends of Atlantic Beach Elementary for Improvem e nts to the
track at Atlantic Beach El ementary School pending on the
approved funding by Ordinance No. 20 -14-127 . ..
REVIEWED BY CITY MANAGER: -71. ~ ~ 2G?-1.d
AGEN DA ITEM H 8P
JUNE 9, 2014
, McLean Tennis
·i~
Atlantic Beach Elementary School
Running Track R esurface Proposal
Mclean Tennis, Inc.
FABE-Friends of Atlantic Bea ch Elementary
1015 Atlantic Blvd
Suite 238
Atlantic Beach, Florida 32233
Proposal
11747 Woodville Hwy
Crawfordville, FL 32327
850.925.0212
Fax 850 .925.0203
lnfQ@courtdoctors.com
www .courtdoctors.com
April 24, 2014
EK Cottrell -President
Kari Fergu son -Treasurer
Re: Atlantic Beach Elementary Running Track -Resurface
We hereby submit specifi cations and an estimate for:
Resurface Asphalt Ru nojog Track S !~
SCOPE: Th e basic scope of this proj ect Includes the foll owing:
A Ci ENIJ A ITI)M J/ SF
J UNE9, 201 11
1) Clean and prepare Track for n~~w surface. Pressure wash as nee ded, power sand and grind as needed.
2) Examine Track surface ror any cracks and fill those maj or cracks with patch crack fill er, the n overlay
cra cks wit h a fib erglass or pol ~•ester membrane as nee ded. We do not guarantee the cracks will not
reappear.
3) Appl y one (1) coat of Acrylic R,esurraclng Materia l
4) App ly two (2) coasts of Acrylic Co lored Surface Materia l (red In co lor)
5) Lin e marki ngs shall be laid out and ap plied by quali fied technlc1ans In accordance with the chosen
governing rules or owners speci fi ca tions. (whi te In color)
REPAIR CRACKS AND LOW AREAS : . Examine Traok surface for any cracks and fill those major cra cks wi th patch crack Oller,
then ove rlay crac ks With a fib erglass or polyes ter me mbrane as needed . Prior to th e ap pllcaUon of the fin ish surface, the area shall
be flooded. Any low places wh ich hold wa ter shall be fill ed with a pat ching mix
RESURFACER: In order to provide a smooth , dense underlayment for the colo red surface, ap ply 1 layers of Acrylic Resurfaci ng
Material. Th is material Is to be used as a fi ller coa ting to reduce surfa ce porosity and ob ta in a uni form texture prior to appl ying th e
Co lor.
COLORED WEARING SURFACE: Over th e Acrylic Re!;urfaclng material apply 2 layers of color to match existing color. (red)
Custom or Color changes are avail abl e -ca ll for prld ng.
LINES: White lines co nfo rming to govern ing ru le s or owners specifications shall be pa inted using Line Pa int (100% Acry li c La tex)
Discl aime rs:
MTI will exerase reasonable care, but wi ll not be h1~ld responsible for damage ca used by norma l co nstruction operati ons
(damage to sod, lan dscaping, sprinkl er li nes, pavement access, etc.)
Mat erial and workman ship guaran teed for~ under normal use.
Venue for any lega l actio ns shall be Wakulla Count)•, FL.
Total Cost tor work described above : $14,155 0 .00
Payable upon: Completion of Track
Au thorized s igna ture: OCodtt!AJ tRflllt tt~ _Proposa l valid fo r 30 days
Rodney Reams for MTI
Own er or Owner 's Age nt's respons ibilities:
1. Provide any needed permits tor t his constructJon.
2. Prov1de suitabl e access, wa ter, and electricilty.
Price accepted :
Authorized signature: --------------Date: __________ _
-1.-: •.
Member American Stports Builders Association T
AGENDA ITEM il 8F
JUNE 9, 20 14
AGENDA ITEM II 8F
JUN E 9, 20 14
AGENDA ITEM II SF
J UNE 9, 2014
AG ENDA ITEM II 8F
JUNE 9, 20 14
AGENDA ITEM fl 8F
J UNE 9, 20 14
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 701 Prudential Drive, Jacksonville, Florida 32207-8181 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 ofPwQertv. The City may aUow associations, gmups 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:
\
\
·--
SOCCER ·, •
A TLANTI~D PROmCT
298 SHERR EACH ELElviENT y D!UVE., A TL AR y SCHOOL
-.. t. ANriC DEAC I:..M! bif-A ll FLORIDA
\00" 150'
'14f\l.l j'Tu.C'IIC.E. ri~LD5
srre l'L"->-1' ~, .. .,~..,t·o"
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 ATLANTIC BEAC II
CITY COMMl SS ION MEETING
STAFF REPORT
AGENDA JT EM: Town Center Landsca ping
SUBM1TT EO BY: Jeremy Hubsch
Redevel opm ent and Zonin g Coordinator
DATE: May 15, 20 14
STRA1'EGJC PJ JAN LINK: None
i\CiENI)A ITEM II 8(i
JUNE 9. 2014
BA C KGROUND: Th e Beac hes Town Cen ter Agency is planni ng to ins ta ll n~w land sca pin g a nd
hardscaping in both the Atl a ntic <Jnd Neptune Beach port ions of th e Town Center. Their pmposed plans
are attached to thi s rep ort. Some of the pro posed cbn nges wi ll take pl ace withi n right-of way owned by
lhc City o f Atl an tic Beach. As s uch, c it y s taff has asked rep resentatives from lhc Beaches Town Cent er
Agency to s peak to the comm.ission about their proposed pla ns. T he City ofNept1mc Be.1ch Co mmi ss ion
will also be discuss ing the proj ec t at their May 19 111 Work shop.
Direc tor of Public Wo rks, Rick Carper wou ld like to e nsure thai the proposed chan ges will no L lead to
hi ghe r mainten ance costs by the oily. 1\t the tim e of thi s rcpor1, this is the only pot~n.t ial conc e rn staff has
with the project. Staff wou ld li ke th e comm issio n's direction on how to approach the proposed
insta lla tio ns.
BUD GET: City ma inte nance budget
RJEC OMM.ENDA'J'lON: Provide direction to sta ff on loug term nmintenance or Town Center
Landscaping, ::~nd offer blessing Lo the Town Center Agency to in stall new lan dsca ping and hardscaping.
ATTA CHMENT S: Beac hes Town Cent~r Landscape Plans
•
lUNJJ~W E D BY ITY MANAGER: -=2i~"'-L-.j~t:a-'l~c::::::....o.....,A~:::..:~c....=..___ ________ _
BEACHES TOWN CENTER
Lanllscape arul Hardscape Con.ceptt-.\'epDmL arul ALfluttU: BeJU:h, Florilh
c-.,., c-IS.--S"JJ-nu ~
COVER SHEET L1
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----------------
INDEX OF DRAWINGS
------------
N O. SHEET. NO. TITLE --------------
I COVER SHEET -------------
____ ------~~EXO F DRA~GS 2
--3 -
Ll
L2
L3 ATLA.Yf!C BLVD.-6\"TR.A.'<CE -PO'S -AL'S -7-11 BLOCK ---:.;_ __ "-'
ATLANTIC B L VD.-RAGTIME -NORTH BEA.CH BLOCK I_ ~s ---u
L _
6
__ _ __ -LL65 ~~~-------_-A-TLA::--~-=_c-=_BL_vo_. -_o_~c_OC_EAJ_N_1 -SEA !!O_RS_E_P_ARKIN __ G--
ATLANTIC BLVD.-ROUND-A-BOUT LAl~SCAPE
7
8
9
L7
L8
L8A
L9 10
I I
---------
12
--13---------
LIO
Lll
Lt2:-----
L i 3
Ll4
Fl.RST STREET-BOOKMARK-200 FIRST ST. BLD.
FIRST STREET • MEZZA L IDIA-SHOREL~'E'S
__ F IRST STREET-BAR B Q UE STICKS -ALLEY
OCEA.'\1 B lVD.-O~'E OCEAN PARICING-OCEAN 60
OCEAl~ BlVD. -ONE OCEA.'f WEST SIDE PARKING
------OC-EA..'I B LVD.-O_NE_OC_EAN_' EA-ST_S_ID_E -PA_RKI_ ~G -
LANDSC APE DETAILS
------~~~-SC_AP_E_ID_EAS_ --
HAR.DSCAP E IDEAS LIS _____ _ ------GEN~KO_~~--------16
-----------
BEACHES TOWN CENTER
L4ttJI.sCJz~ and Ha,dscapt!. Concepts -Nqmmt!. and A dantit: 8 t!.IJI:h, Flbridlz
r __ ._ r__,-c n..w ~"'·"'~ .. ~
INDEX OF DRAWINGS
~.u-~..u.J~U. ....
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-IIW~~
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L2
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NATIVE YAUPON HOllY
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KNOCKOUTS
-----
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OWAAF JASMJNE OR NATIVE DECORATIVE PLANTER
FlOWERS @ BASE OF PAlMS BOWLS
AL'S PIZZA
PARKING LOT
DECORATIVE FENCE AND DETAil
FUTURE
RETAIL
(UN DER
CONST .)
BEACHES TOWN CENTER ENTRANCE-PO'S -AL'S -7-11 BL OCK
Llurdscape IUid Hartlsazpe Concepts -.''iqJTUllt! and Atlantic Bt!t~ch. Florida
~· c:..t~o.M f:U.J•t-1W c.At/IU&Aet
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.... _ .........
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BEACHES TOWN CENTER RAGTIME -NORTH BEACH BLOCK
~and HDrdscap~ ConcqJU-.V~ptu_u tUJd Ad~ lktu:h, Florida
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TYP. HEDGE ROW
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-N10 STAM.ESS S1'ai..
.C HT_C0C£~
IA'oDSCAPE. SEE OETAJ..
ONS>EETl12.
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~----
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DECORATIVE FENCE M D DETAil
BEACHES TOWN CENTER ONE OCEAN -SE A HORSE PARKING
IAndseape IDid HIV'dsC11p<: CDncqr:s-Neptlme tzn4 A.dlmtic Beach, FloritJD
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OWARF JASMIIIIE OR NA T1VE
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' SEA H ORSE !M OTEL
MIX NATIVE FLOWERS SEA OATS
BEACHES TOWN CENTER ROUND-A -BOUT LANDSCAPE
~llt.l~-..c.lt.t/lf/V• .. ~-~-.o ...... -------
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DECORATIVE PI.ANfER
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DUNE SUN FLOWER
-.... -'~-.
~ . -. --.... -:;,
NAT IVE COOtmE
MIX NATIVE FLOWERS
BEACHES TOWN CENTER FlRST STREET -BOOKMARK-200 FIRST STREET
Landsctrpe ami Btud.scye Concepts-.Yepcur.e ami Athznric Badr, Florida
c....:,..., C.-.I.S. r:-u -..s71-'TJQ ~
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BEACHES TOWN CENTER
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RE-Pl.A\."T "E\YMA,.'t'Utl..1.
SEE ~All SkEETL t2
DWARF JASMrNE OR NATIVE
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---====--------------===------
BEACHES TO WN CENTER
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D!:COAA TIVE Pt.ANTER BOWL
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NATIVEMATERW.@
SASE or:: PALMS
MEOJOOL DATE PAU.I
DWARF JASMINE OR NATIVE
FlOWERS @ BASE Of' PALMS
~---------
·-....._ ENTRANCE TREllJS
SIGN TO TOWN CENT ERJSl-lOPS
BBQ STICKS -ALLEY
WlX NATIVE FtOWERS
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Call to order
MINUTES
Board Member Review Committee Meeting
June 2, 2014
AMENDED AGENDA
ITEM# SH/81
JUNE 9, 2014
The meeting was called to order by Commissioner Jonathan Daugherty at 5:03 pm. Those in attendance were
Commissioner Jonathan Daugherty (Chairman), Members Jerry Johnson, Rita Pierce (arrived at 5:11 pm) and
Solomon Brotman, General Employees' Pension Board of Trustees Chair Tim Townsend, Cultural Arts and
Recreation Advisory Committee Chair Lynne Roskein, Recreation Programs and Special Events Director
Timmy Johnson and City Clerk Donna Bartle.
1. Approval of the minutes of the BMRC meeting of October 17, 20 13.
Motion: Approve minutes of the Board Member Review Committee meeting of October 17, 2013.
(Ms. Pierce was absent for this vote.)
Moved by Brotman, seconded by Johnson
Motion carried unanimously
Commissioner Daugherty explained the vacancies to address on the General Employees' Pension Board of
Trustees (PBOT) and Cultural Arts and Recreation Advisory Committee (CARAC).
2. Interview the new candidates (listed below) for consideration to the Board/Committee(s) indicated.
A.
B.
c.
D.
Robert Liggero
Grant Healy
Nick Malie
Ray Brandstaetter
(for PBOT)
(for PBOT & CARAC)
(for PBOT & CARAC)
(for PBOT)
The Committee interviewed each candidate listed above separately.
Although Mr. Healy applied for both the PBOT and CARAC, the Committee decided to interview him for the
Cultural Arts and Recreation Advisory Committee only. An overview of the duties and responsibilities of the
Pension Board of Trustees' was explained to Mr. Liggero, Mr. Malie and Mr. Brandstaetter and an overview of
the Cultural Atts and Recreation Advismy Committee was explained to Mr. Healy and Mr. Malie. Each
candidate explained their personal accomplishments, experience, goals and interests in the community. The
Committee offered the opportunity to ask questions and the Committee responded to those questions.
3. Discuss the applicants listed above and make a recommendation on filling the one vacant unexpired
term on the General Employees' Pension Board of Trustees.
Motion: Recommend appointing Ray Brandstaetter to fill the vacant unexpired term on the General
Employees' Pension Board of Trustees beginning immediately and expiring on 12/31/2015.
Moved by Johnson, seconded by Brotman
Motion carried unanimously
(Item 5 was taken out of sequence and acted on at this time.)
5. Discuss the current member on the Cultural Arts and Recreation Advisory Committee whose term
expires on 7/8/14 and is interested in reappointment.
A. Louis Cantania
The Committee discussed Mr. Cantania's contributions to the Cultural Arts and Recreation Advisory
Committee.
AMENDED AGENDA
ITEM# 8H/81
JUNE9,2014
Motion: Recommend reappointing Louis Cantania to serve an additional term on the Cultural Arts and
Recreation Advisory Committee beginning July 9, 2014 and ending July 8, 2016.
Moved by Brotman, seconded by Pierce
Motion carried unanimously
4. Interview additional new candidate(s) (listed below) for consideration to the Cultural Arts and
Recreation Advisory Committee.
A.
B.
c.
6:25pm
6:45pm
7:05pm
Pam White
Sheena Rupert
Martha Marshall
The Committee interviewed each applicant separately. Mr. Healy and Mr. Malie were interviewed earlier in the
meeting.
The purpose of the interview and an overview of the duties and responsibilities of the Cultural Arts and
Recreation Advisory Committee were explained to the candidates. Each candidate explained their personal
accomplishments, experience, goals and interests in the community. The Committee asked questions and the
candidates responded to those questions. The Committee offered the candidates the opportunity to ask
questions and the Committee responded to those questions.
(Item 5 was taken out of sequence and acted on earlier in the meeting)
6. Make recommendations on filling the current and upcoming vacancies on the Cultural Arts and
Recreation Advisory Committee.
The Committee discussed each candidate. They wondered whether Mr. Liggero would be interested in the
Cultural Arts and Recreation Advisory Committee, since they hadn't asked during the interview, so they tried
contacting him by phone. They were unable to reach him, but decided to consider him for one of the unexpired
terms on the CARAC. It was explained that Commission Daugherty would need to contact him to confirm his
interest prior to this being addressed at the Commission meeting.
Motion: Recommend appointing Robert Lh!e:ero and Nick Malie to fill the unexpired terms on the
Cultural Arts and Recreation Advisory Committee beginning immediately and expiring on July 8, 2015.
Moved by Brotman, seconded by Johnson
Motion carried unanimously
Motion: Recommend appointing Grant Healy, Pam White, Sheena Rupert, and Martha Marshall as
regular members to serve on the Cultural Arts and Recreation Advisory Committee for terms beginning
July 9, 2014.
Moved by Brotman, seconded by Johnson
Motion carried unanimously
Adjournment
There being no other business, the meeting adjourned at 6:59 pm.
Jonathan Daugherty
Chairman
DRAFT-Minutes of the Board Member Review Committee Meeting on June 2, 2014. Page 2 of2
CITY OF ATLANTIC BEACH
BOARD I COMMITTEE MEMBER APPLICATION FORM
AMENDED AGENDA
ITEM# 8H/8I
JUNE 9, 2014
Please check (-,/) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board I committee by order of priority.
(A summary of each board/committee is available on page 2 of this form.)
Code Enforcement Board
J Pension Board ofTrustees
Cultural Arts and Recreation Advisory Committee
Community Development Board
Board Member Review Committee
DATE: 3)13 )J'1 APPLICANT'S NAME: {(~ BrAn~}"'--H-er
Aoo~s: -~~~5~·~-~j~~~A~n~w-~~l~l_D~r~S~.1~1~b~~~~~~~~6=~=l~-~~~3J
DAYTIME PHONE: V]c/j-d-Ob-~k:-55 EVENING PHONE: 9vt.f-?-'if---J${;;,f
E-MAIL ADDRESS: bc«JJC\(...fh r@, (ptY\i.t,sb '"e.f-FAX: ___________ _
Please explain any employment experience, board/committee experience, and/or community volunteer experience
relative to the board/committee applying for.
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of
Trustees are required to file Statement of Financial Interest Forms. Also, information regarding "Conflict of Interest"
is provided on page two ofthis application. This application will expire two (2) years after date of submittal.
Summary
RESUME
RAYBRANDSTAETTER
254 Oceanwalk Drive South
Atlantic Beach, FL 32233
Mobile: (904) 206-2655
email: brandstaetter@comcast.net
International Financial Executive I Consultant with 20+ years experience in a broad range of
financial and accounting positions.
• Chief Financial Officer for entrepreneurial company -involved in all operational aspects of the
firm.
• Financial/ Management consultant for entrepreneurs commercializing new technologies and for
small businesses.
• Extensive financial planning and analysis experience
• Completed the international Sloan Fellowship Masters Program (MSc-General Management),
London Business School, August 1995.
• CPA -Canada
• Assistant Controller I Financial Analyst for a $4 billion international company -responsible for
consolidation of nine operating divisions with annual revenues in excess of $700 million.
• Oversight responsibilities on reengineering a company-wide financial management information
system.
Professional Experience
e-Zassi, LLC (Start-up Software Company) and Zassi Medical Evolutions, Inc. (Start-up
Medical Device Companies) Sept 2000 -Present
Chief Financial Officer Fernandina Beach, FL
• Sole responsibility for all fmancial functions.
• Member of Executive Committee, financial reporting to the Board of Directors
• Budgets, forecasts and valuations
• Capital formation-equity (accredited private investors and venture capital), debt, credit
lines, convertible instruments
• Financial analysis-new opportunities, strategic planning, performance metrics
• Customer relations -involved in sales, marketing, order fulfilment, billing, logistics,
problem-solving
• Strategic partnerships -licensing technologies, sales & marketing agreements,
international distribution agreements and preferred supplier relationships
• Risk management
• Investor relations
Enterprise North Florida Corporation (Consultants to entrepreneurs) Apr 1996-Aug 2000
Management Consultant Jacksonville, FL
• Assess new technologies for market, technical and investment viability.
• Preparation of formal investment grade business plans. Focus on fmancial pro formas, capital
structure, valuations and strategic issues.
• Contract negotiations for clients with potential licensees or strategic partners.
• Responsible for business development, developing proposals for potential clientele and closing
contracts.
• Liaison between entrepreneurs, venture capitalists and private investors.
AMENDED AGENDA
ITEM# SH/81
JUNE 9, 2014
MacMillan Bloedel Ltd (Canada's largest Forest Products firm) Feb 1985-Sept 1994
Assistant Regional Controller I Financial Accountant/Analyst-Coast Region, Nanaimo, B.C.
(Nov./89-Sept./94)
• Responsible for the consolidation of Coast Region monthly financial results in accordance with
legal and professional requirements. (Coast Region has 4 Woodlands divisions, 4 Sawmill
divisions and 1 Pulpmill combining for annual sales of$700 million on invested capital of$480
million)
• Developed forecasts and plans for senior management.
• Assisted the Controller in special projects such as feasibility studies, operational audits and
monitoring divisional performance. Acting Regional Controller in his absence.
• Provided financial analysis and problem solving for senior management
• Prepared monthly operating comments and quarterly reports to the Board of Directors
• Co-ordinated all financial and information systems for Coast Region divisions.
-Co-leader of MacMillan Bloedel's Financial Management Information System steering
committee
(Committee mandate was to rewrite the company management information system)
Assistant Accountant for Chemainus Sawmill Division, Chemainus, B.C. (Jun./88-Nov./89)
• Prepared, interpreted and communicated financial and cost statements to all divisional personnel.
• Responsible for the payroll of the division (175 employees)
• Established and maintained a close working relationship with various operating teams at the
division.
• Performed general accounting duties (daily profit/loss, budgets, ledgers. payables and
receivables)
Cost Accounta11t for Harmac Woodrooms, Nanaimo, B.C. (Feb./85-Jun./88)
• Assisted in the preparation of monthly cost statements, budgets, forecasts and plans,
• Completed numerous cost studies of various mill areas or functions
• Assisted in the co-ordination of lumber sales and stock control.
Education
Sloan Fellowship Masters Programme, London Business School, London, UK
Masters Degree in General Management August 1995
(!'he Sloan Programme is unique to MIT, Stanford and the London Business School. The 53
participants were executives drawn from 23 countries, with an average age of37)
C.P.A.'s of Canada, British Columbia, Canada
Chartered Professional Accountant 1991
University of Victoria, Victoria, B.C., Canada
Bachelor of Science (Marine Biology)
CITY OF A 1LLANTIC BEACH
BOARD I CO:WMITTEE MEMBER APPLICATION FORNI
AMENDED AGENDA
ITEM# 8H/8l
JUNE 9, 2014
Please check (\1) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board I committee by order of priority.
(A summary of each board/committee is available on page 2 of this fonn.)
Code Enforcement Board
Pension Board ofTrustees
Cultural Arts and Recreation A.dvisory Committee
Community Development Board
Board Member Review Committee
DATE: 31 1 I "Gl___ APPLICANrs NAME: --;~,. b c, -\ L •j J M"
ADDRESS: _.J~[_ { l i~ \·~ __611~\.« -6: ~ (f !;.11-s?
EVENING PHONE: ~·~_)_'i_( __ q_G _3 y___.__·
FAX: Lf:: ·-( ~ J L c;c {: 7
Please explain any employment experience. board/conunittce experience, and/or community volunteer experience
rclati\ e to the board/committee applying for.
r -_________ _t:Lt~~~-.:-~~--~~1 "···.~ ... , ..<-{/ .~:~-1 c: •• ,.J! ___ _
-~ '/1 ___ j_~j_L __ (t::-yb-+-------
Please proYide a brief explanation of your interest or any special quali f1 cations you have in this field and your reasons
for \\ishing to he appointed to this hoard/committee.
-------------------------~------------
-----------------------------------------------~-------------
----------------------
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of
Trustees are required to file Statement of Financial Interest Forms. Also, information regarding '·'Conflict of Interest"
is provided on page t\\O of this application. This application will expin: t\\o (2) years after date of submittal.
Robert R. Liggero, MBA, CFP®
389 Twelfth Street, Atlantic Beach, Florida 32233
(90-t) 241··963-t Email: RLigge(a~aol.com
EDUCATION:
CFP Certificate course. North Florida University. Jacksonville. Florida. 200 I
MBA. North Florida Unin~rsity. Jacksom·illc. Florida. 1997
Physician Assistant Albany Medical College. Albany. Nev,· York. 1987
BS Chemistry. Siena College. Loudonville. New York. 1983
EXPERIENCE:
Physician Assistant. Pediatric ICU. I 990 to Present
Wolfson Children's Hospital at Baptist Medical Center. Jacksonville. Florida
Personal Financial Advisor. 2012 ··present
Sanchez Wealth Management Group
Jacksonville Fl
Personal Financial Advisor. 20 II -2012
Independent Financial Partners
Tampa Fl
Personal Financial Advisor. 2002-20 II
Bull & Bear Capital Advisors. Inc.
Jacksonville Fl
Physician Assistant. Ambulatory Emergency Room. 1988-1990
St. Mary"s Hospital. Troy. New 'r'ork
Physician Assistant General Adult Medicine. 1988-1989
Ellis Hospital. Schenectady. New York
Physician Assistant. Neonatal !CU. 1987-·1988
Wolfson Children"s llospital at Baptist Medical Center. Jacksonville. Florida
AMENDED AGENDA
ITEM# 8H/8I
JUNE 9, 2014
CITY OF ATLANTIC BEACH
BOARD I COMMITTEE MEMBER APPLICATION FORM
AMENDED AGENDA
ITEM# 8H/8I
JUNE 9, 20!4
Please check (...J) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board I committee by order of priority.
(A summary of each board/committee is available on page 2 of this form.)
~Code Enforcement Board
-:;{__ Pension Board of Trustees
~ Cultural Arts and Recreation Advisory Committee
DATE: §/!~~~
( {'
APPLICANT'S NAME:
ADDRESS: :J 2/ .:s-BH 1""/112. /~ S
DAYTIME PHONE: i) J/ CJ-f-3 f-7_
Community Development Board
Board Member Review Committee
4 r L .4 .v 7J t$-)3-f' .4 t 1-/-l-= 2 3 zz3 3
. I
EVENING PHONE: ;;1 '-/ Cf-f 3 G-2-
Please explain any employment experience, board/committee experience, and/or community volunteer experience
relative to the board/committee applying for. A , . ; c:> # ws .L.J96C"-/<?.~.£L/7T/oP5 ~ l'¥«41//N' 02S::?unt!...!:__5
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of
Trustees are required to file Statement of Financial Interest Forms. Also, information regarding "Conflict of Interest"
is provided on page two of this application. This application will expire two (2) years after date of submittal.
1
CITY OF ATLANTIC BEACH
BOARD I COMMITTEE MEMBER APPLICATION FORM
AMENDED AGENDA
ITEM# 8H/81
JUNE 9, 2014
Please check (-Y) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board I committee by order of priority.
(A summary of each board/committee is available on page 2 of this form.)
___5_ Code Enforcement Board + Pension Board of Trustees
l Cultural Arts and Recreation Advisory Committee
'(__ Community Development Board
_j_ Board Member Review Committee
J o+l9-v:
DATE: 3 -/J -I~ APPLICANT'S NAME: 0""'<-:_g,_,__M.t(~-+-------'-4--_~--'---A,_L_t+-----
d.-O :f-5 Ve:LA ~oif<-R ADDRESS:
DAYTIME PHONE: q'OY--.;l.t.tl-5~q I EVENING PHONE: Cf'oCf CflO -C£d-t'-f
E-MAIL ADDRESS: qQ. ~e_~«Q ~L~. ~AX: _________ _
Please explain any employment experience, board/committee experience, and/or community volunteer experience
relative to the board/committee applying for.
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
Please return completed form to
Donna L. Bmtle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of
Trustees are required to file Statement of Financial Interest Forms. Also, information regarding "Conflict of Interest"
is provided on page two of this application. This application will expire two (2) years after date of submittal.
CITY OF ATLANTIC BEACH
BOARD I COMMITTEE MEMBER APPLICATION FORM
AMENDED AGENDA
ITEM# 8H/81
JUNE 9, 2014
Please check (~) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board I committee by order of priority.
(A summary of each board/committee is available on page 2 of this form.)
Code Enforcement Board
Pension Board of Trustees
_L_ Cultural Arts and Recreation Advisory Committee
APPLICANT'S NAME:
Community Development Board
Board Member Review Committee
ADDRESS: d..O l:> <\. ~~\vo... \.}....4c-'"'c....~<" \.l;l't ~~\.o...."'-~'-<-~e.~~
DAYTIME PHONE: l\01..\ b\6 d...l" <t EVENING PHONE: qo'{ a..."\1.:.'"10'-\\
~ \ , \ j\ . V\e\.
E-MAIL ADDRESS: y~ lC~"~~ ~-e<.D'tv\(p; FAX:_-__________ _
Please explain any employment experience, board/committee experience, and/or community volunteer experience
relative to the board/committee applying for.
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
' \a'*-.. .\.u ~'<:...1..)0-, ~~'(Q..~·\e'<\C~ 0~~("" '-1.)\\_~r"?~ ~'nt:>C(~~c ~S''-'<\~ \)~vj
6...~6.._ ~"\ '\\.u;<'<\ \(... ·\. ~-e.L0:.. \o ~"-.€ CtJm."""' \.'\"' 5;. \---u c_c~ ~ '-'<\. ~~ ~o VY\,a...\<-~
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of
Trustees are required to file Statement of Financial Interest Forms. Also, information regarding "Conflict of Interest"
is provided on page two of this application. This application will expire two (2) years after date of submittal.
CITY OF ATLANTIC BEACH
BOARD I COMMITTEE MEMBER APPLICATION FORM
AMENDED AGENDA
ITEM# SH/81
JUNE 9, 2014
Please check (..J) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board I committee by order of priority.
(A summary of each board/committee is available on page 2 of this form.)
Code Enforcement Board
Pension Board of Trustees ~Cultural Arts and Recreation Advisory Committee
APPLICANT'S NAME:
Community Development Board
Board Member Review Committee
ADDRESS: 3ct.4 IT~ S"TR~E.T I A IL·kN T\C 6t=--AUi
DAYTIME PHONE: ·~ t l... -0 (oq I ( H ) EVENING PHONE: S'n4-3 S l Lf: {c..)
E-MAIL ADDRESS: hsrupc-1-\-@ FAX:_/ _________ _
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ll>o~dc"" C lu 6 cd-Do LI<(Jlt\) A:rJ.v:jon ~heal 0f :Hc9--&.-b.. lnVY\
ci06l-cl._D lO .
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
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Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE: This application will expire two (2) years after date of submittal.
CITY OF ATLANTIC BEACH
BOARD I COMMITTEE MEMBER APPLICATION FORM
AMENDED AGENDA
ITEM# SH/8!
JUNE 9,2014
Please check (,f) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board I committee by order of priority.
(A summary of each board/committee is available on page 2 of this form.)
Code Enforcement Board
Pension Board ofTrustees
:]{ Cultural Arts and Recreation Advisory Committee
DATE: 5/JB/;Y APPUCANT'S NAME:
ADDRESS: ____._,/{p"'--=-{p-=3'---5---'-et('-=--=-------'Q'"""'--=-=--Js-'------'· =-
Community Development Board
Board Member Review Committee
DAYTIME PHONE: fblf 5/7 7/32 EVENING PHONE: tf!Jc/ 5/7 7/ 3Z
E-MAIL ADDRESS: /}j__J/fcfftiJ (j) /f#f, 31/t;k/t>;;y·,t.m FAX: -0-
Please provide a brief explanation of your interest or any special qualifications you have in this tield and your reasons
for wishing to be appointed to this board/committee.
~~ ~ 4d Sdv,/ kJ;/114 d1ac~7 '1/1o ~'7 5 . '--iut:L~v? ~ a_ ~-U' ... ~~: .~ iJ tfkvJu. ·6~4?~/.J -~~ 0 ~;L< ~------· .~';/tu.<:. Jtu/ t/Lu;.L h ~~ .A?>d-f ~~ ~J:. ~ -F~ .~2£~ ~ __ 0
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE: Members ofthe Code Enforcement Board, Community Development Board and Pension Board or
Trustees are required to tile Statement of Financial Interest Forms. Also, information regarding "Conflict oflntcrcst"
is provided on page two of this application. This application will expire two (2) years after date of submittal.