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Amended Commission Agenda Packet 9-8-14
Call to order CITY OF ATLANTIC BEACH CITY COMMISSION MEETING September 8, 2014 -6:30 PM AMENDED AGENDA Invocation and pledge to the flag 1. A. Amended *B. Approve the minutes of the Special Workshop on Police Building of August 11, 2014. Approve the minutes ofthe Regular Commission Meeting of August 11, 2014. Approve the minutes of the Special Called Meeting of July 28, 2014. c. D. E. F. G. Approve the minutes of the Commission Workshop of July 28,2014. Approve the minutes of the Budget Workshop of August 13,2014. Approve the minutes of the Town Hall Meeting of July 22, 2014. Approve the minutes of the Public General Discussion Meeting of July 7, 2014. 2. Courtesy of Floor to Visitors Added *A. Proclamation for Green Apple Day of Service. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. Added *B. Atlantic Beach Country Club Sign. 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. 5. 6. Added A. Acknowledge receipt of the Building Department Monthly Activity Report and Monthly Financial Report for July 2014. B. Declare the list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. C. Authorize the City Manager to sign the attached contracts with ABET and tennis professional Brecht Catalan. D. Extend the Electrical Troubleshooting, Repair and Installation Annual Contract (Bid No. 0910-16) for one additional year to Limbaugh Electrical Contracting, Inc. at the contract prices. E. Acknowledge receipt of the Police Department Semi Annual Report 2014. Committee Reports None. Action on Resolutions A. RESOLUTION NO. 14-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING SEISMIC AIR-GUN TESTING IN THE ATLANTIC OCEAN; AND PROVIDING AN EFFECTIVE DATE. 1 7. Action on Ordinances Amended A. Public Hearing and first reading on adopting a Tentative Millage Rate and adopting Ordinance No. 20-14-128 establishin~ the Operatin~ Bud~et for fiscal year 2014/2015. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015. B. ORDINANCE NO. 5-14-61, Public Hearing and Final 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 PROVJDTNG AN EFFECTTVE DA TR 8. Miscellaneous Business A. Recruitment of Grant Writing Firm. (City Manager) B. Renewal of Employee Benefits-Insurance (City Manager) C. Renewal ofLiability and Workers' Compensation Insurance (City Manager) D. Russell Park Tennis Court Reconstruction (City Manager) Moved to 2. E. Discussion on proclaiming September 27, 2014 as Green Apple Day of Service. (Commissioner Mark) Moved to 6. F. Discussion on Proposed Resolution Not S1:1pporting Seismic Blasting Offshore. (Commissioner Mark) G. Request for Reconsideration on Ordinance No. 95-14-108. (Commissioner Daugherty) 9. City Manager A. City Manager's Report. • 90-Day Calendar (September-November 2014) 10. Reports and/or requests from City Commissioners and City Attorney If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, September 5, 2014. 2 MINUTES OF SPECIAL WORKSHOP OF AGENDA ITEM# lA SEPTEMBER 8, 2014 ATLANTIC BEACH CITY COMMISSION HELD ON AUGUST 11, 2014 PRESENT: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark ALSO: Nelson VanLiere, Interim City Manager Richard Komando, City Attorney Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Call to order. Mayor Woods called the meeting to order at 5:02p.m. in the Commission Chamber. She explained the procedures for the Special workshop. 1. Presentation by Clemmons, Rutherford and Associates (CRA Architects) on Police Building. Mayor Woods introduced Bill Rutherford and Blakeley Bruce of Clemmons, Rutherford and Associates and Kyle Davis, civil engineer with DB Civil Works. Mr. Rutherford explained they have looked at the possibility of where the City has land available that would fall in the current zoning setbacks, available space, etc. to put the building in and will present that to the Commission. He stated they will also present a 2nd story possibility but he stated he would not do that because it is not large enough or financially economical to support an elevator for 3,000 s.f. of floor. Mr. Bruce gave a slide presentation on the flood zone elevations, stating the existing building currently is not in a flood zone and they do not see flooding as an issue in terms of trying to elevate the building; the setbacks, stating they do not want to get any closer to the creek than they already are; the 1-story elevation, giving an additional 7,000+ s.f.; and the 2-story elevation, which will give an additional 5,000 on 1st floor and 3,000+ on second floor. Mr. Bruce, Mr. Rutherford and Chief Classey answered questions from the Commission. Discussion ensued. Mr. Bruce also showed slides of future expansion and cost models for one and two-story schemes. Mr. Rutherford stated the ad they responded to spoke to design build so he stated they are giving a scenario on design build. He showed slides on design build as well as construction management delivery methods, explaining in detail why he would recommend they go with the construction management delivery method rather than design build. He answered questions from the Commission. Mayor Woods asked the City Attorney if the original RFP specifically excludes this firm from being able to continue on with the project. Mr. Komando stated he was under the impression that it did but he hasn't gone back to review the original RFP. Discussion ensued. Chief Classey further explained the downside to design build. AGENDA ITEM# lA SEPTEMBER 8, 2014 Mr. Rutherford stated their next step in their scope of work would be to write an ad for design build but he would prefer, with counsel's approval, that they write an ad for construction management instead. Discussion ensued. Mayor Woods stated the Commission needs to decide whether they want to put out the RFP for a new architectural firm or stay with this one and have them do the Construction Management RFP, if the contract allows for that. Discussion ensued. Commissioner Mark stated she would like to continue with CRA and follow the Construction Management method. Commissioner Beckenbach stated he has a little problem with the fact that they said they weren't going to go with the same firm in order to move forward and he is not sure exactly what the reasons were, except that they were looking at going into a design build so it would be faster. He stated, in listening to Mr. Rutherford, he is saying that it is not the case and asked that Mr. Rutherford further explain about that. Mr. Rutherford stated he was trying not to persuade them one way or the other and elaborated on his explanation stating by construction standards this project is not large enough for them to have three firms work on it -his firm, the design criteria professional, and someone to finish the documents. He stated that is what they would have in a design criteria approach. He stated if the Commission determines that they could let CRA continue, they would take the project to a ribbon cutting. Mr. Rutherford explained the building would be a typically built small office addition and their goal would be to keep the character of the building they have so it looks like it has been here all along and not added on. He stated they will not do the construction, but will do the architectural work and prepare the construction documents. He stated the Commission will authorize them to advertise for them, or they can do it themselves, to hire a construction management firm, which is a general contractor. He explained in detail how that process would work. Discussion ensued. Mayor Woods stated she is hearing that it is the consensus (4-0) to continue with construction management delivery method with CRA, if possible, and if not they will proceed with a new RFP and move forward. Commissioner Beckenbach stated he would have legal at least take a look at our RFP and then come back to them, if that is acceptable. Mayor Woods stated what they said was, after the review, Mr. Komando will let staff know and they will either proceed with CRA or, if not legally possible, they will proceed with an RFP for a new group. The Commissioners agree to that. Mr. Rutherford detailed what the fees were for. Kyle Davis answered a question regarding environmental permitting, stating as long as there is no destruction of the swale, they would probably not need that permitting. Mr. Rutherford, Mr. Bruce and ChiefClassey answered additional questions from the Commission. Mayor Woods asked if they have consensus to move forward with the construction management delivery method with this group unless there is some kind of a legal prohibition. Mr. VanLiere asked what the timeline is if they do want to move forward with expanding their scope, do they come back with another proposal. Mr. Rutherford stated they would send them a contract. Discussion ensued. City Clerk Bartle asked that Mayor Woods restate the consensus. Mayor Woods stated the consensus is, if our original RFP allows and there are no legal issues, they will move ahead with the construction management delivery method with CRA and have staff move forward with that method; otherwise, they will have an RFP for a new architectural firm. -2- 2. Courtesy of the Floor AGENDA ITEM# lA SEPTEMBER 8, 2014 Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Lou Keith, 1845 Tierra Verde Drive, asked that they keep it at $2.6 million. Chris Jorgensen, 92 W. 3rd Street, stated he was concerned about safety in construction. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 5:58p.m. ATTEST Donna L. Bartle, CMC City Clerk -3- Carolyn Woods Mayor MINUTES *REGULAR CITY COMMISSION MEETING August 11, 2014 IN ATTENDANCE: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Maria Mark ABSENT: Commissioner Jimmy Hill Call to Order/Pledge: CITY HALL, 800 SEMINOLE ROAD City Manager Nelson Van Liere City Attorney Richard Kornando City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey AMENDED AGENDA ITEM# 18 SEPTEMBER 8, 2014 Mayor Woods called the meeting to order at 6:30p.m. Mayor Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. She recognized f01mer Jacksonville Mayor and current President of University of North Florida John Delaney who was in the audience. 1. A. B. C. D. Approve the minutes ofthe Regular Commission Meeting of July 14, 2014. Approve the minutes ofthe Workshop of June 23, 2014. Approve the minutes of the Special Workshop on Police Building of June 23, 2014. Approve the minutes ofthe Public Meetings of June 27, 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. Item 7 A was taken out of sequence and acted on at this time. 7A. ORDINANCE NO. 15-14-14, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A-l AND UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2010B; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS FROM COMMERCIAL BANKS AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 15-14-14 by title. She opened the floor to the Public Hearing. No one in the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No. 15-14-14 as read. Moved by Mark, Seconded by Daugherty August 11, 2014 REGULAR COMMISSION MEETING Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Item 6A was taken out of sequence and acted on at this time. 6A. Resolution No. 14-07 AMENDED AGENDA ITEM# IB SEPTEMBER 8, 2014 Page2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE NO. 15-14-14; AUTHORIZING THE ISSUANCE OF A $13,960,0000 UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014; AUTHORIZING AWARD OF THE BONDS TO TD BANK, N.A. FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE BOND, THE LOAN AGREEMENT AND THE ESCROW DEPOSIT AGREEMENT; AUTHORIZING CERTAIN CITY OFFICIALS TO TAKE ALL NECESSARY ACTION IN CONNECTION WITH THE ISSUANCE OF THE BOND AND THE EXECUTION AND DELNERY OF THE LOAN AGREEMENT AND THE ESCROW DEPOSIT AGREEMENT AND PROVIDING AN EFFECTNE DATE. Mayor Woods read Resolution No. 14-07 by title. Motion: Approve Resolution No. 14-07 as read. Moved by Mark, Seconded by Daugherty Mayor Woods stated the City Manager and staff have done a wonderful job on this refinancing and over the course of 10 years it will save the City approximately $1.6 million. Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 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. She stated she will limit comments to 2 minutes tonight. Katie Armstrong, 1116 Linkside Ct. W., spoke in support ofthe Human Rights Ordinance (HRO). Chris Jorgensen, 92 W. 3rd Street, spoke in opposition to the HRO. Jill Stanton, 1978 Brista De Mar Circle, spoke in support of the HRO. Nancy Whittington, 1861 Beachside Ct., spoke in opposition to the HRO. Tracey Westbrook, 1560 Selva Marina Dr., spoke in support of the HRO. John Stinson, 150 12th Street, stated he believes it would be a good thing to let the citizens vote and believes the City needs a parking permit program. He also asked if the pervious/impervious restrictions for construction in Atlantic Beach have been rescinded because he is seeing homes going up where lots are Augu~t 11,2014 REGULAR COMM ISS I ON MEETING AMENDED AG ENDA IT GM II I 0 SE I'TEMBF.R 8, 20 14 Page3 covered almost i)·om fe nce to fence. He s tated he be li eves if we ever get a reall y bi g s torm , the C ity wi ll su ffer because of the ammmt o f runoff in the streets a nd where p eo pl e can 't trave l. J~tmes Pope, 441 Aquatic Drive, spoke in s upport of the HRO. Lynn Pcn-y, 1325 Munson Cove Drive, spoke in s upport of the HRO. Rosalincl Hoffman, 266 Magnolia St., s poke in s uppo rt of the HRO. Amber Barnes, 740 Sailfish Dr., spoke in support of th e HRO. Michelle Caa·ter·, 315 Sailfish Dr. E ., spoke in s upport of t he HRO. S u zanne Reis, 2268 Mayport Rd., s poke in opposition to the BRO. Judith Johnston, 2207 Alicia L~mc , spok e in opposi ti on to the HRO and as lced why it vtas denied to voters. Sl~e requested th1:1t they make pttblie the spee itie indisputable pwof of diserimination cases t hat they researehed and 'Nere assured of to be eonsidering sueh legis latioR . Kris Matson, 540 Hopkins Street, Neptune Beach, s poke in support of the HRO. Marshall Wood, 1262 Rushing Dr., Orange Pari<., sp oke in opposition to the HRO. T her·esa Weatherford, 371 9th St., did not speak but stated s he supports the HRO. Jim Stehr, 1752 Sea Oats Dr., spoke in opposition to the HRO. David Johnston, 2207 Alicia Lane, s poke in support of non disefimtRa~on--bH t ROt th~ oppos ition to th e HRO as it reads now as related to plaees ofpublie aeeommodalion . Carlo s Jones, 551 Vikings Lane, spoke in oppositi on to the HRO. Gary Grider, 2057 Vela Norte C ir·cle, spoke in o ppos ition to the HRO and asked that they give the puelte a chance to vote etHitis. Don Peters, 1902 N. S hcn·y Dr., s poke in oppos iti on to the HRO . . Judy Shcldin, 1985 Brista De Mar Circle, spoke in s uppo rt of the HRO. Richard Salldn, 336 S unrise C ircle, s p oke in s upport of the HRO. Sabrina Wheeler, 2392 Cov ington C ircle E., spoke in o ppos ition t o the HRO. Michelle Knight, 1494 Linl<side Dr., spoke in s upport o f the HRO. Robert Schlenoff, ·t 094 Stocks St., s poke in oppositio n to the HRO. John Delaney, 110 Bowles St., Neptune Beach, spoke in s upport of the HRO. August 11 , 20 I 4 REGULAR COMMISSION MEETING AMENDED AGENDA ITEM # 113 SE PT EMBER 8, 2014 Pagc4 Carole McManus, 1205 Salt Creel< Isle Dr., Ponte Vedra, spoke in s upp ort of the citizens making th e decision. Rick Poppell, 357 S herry Drive, spoke in s upp ort of the HRO. Deborah Fisber, 544 C ruiser Lane, spoke in ~port of Hti s going to th e -..·oters a nd ifl--opposition to the llRO. Tricia Russell, 8720 Co unty Rd. 13 N., St. Augustine, spoke in support of the HRO. Brenda Shields, 315 18 111 St. N., Jacl<sonville Beach, spoke in s uppm1 of the IIRO. Michael Sheldin, 1985 Brista de Mar Circle, spoke in supp ort of the HRO. Susan Wallace, 1912 Hiclw1·y Lane, spoke in supp ort of the HRO. Don Sasser, 2237 Oceanwalk Drive W., spoke in opposition to th e HRO -end as ked that they le t the citi zens Eleeffie . Dan Merl<an, 3159 College St., Jacl<sonvillc, s poke in support of the TIR O. Donna Sasser, 2237 Oceanwalk Drive W., spoke in opposition to the HRO-m1a v.An ts the e itizens to be able ~. Janie Jones, 1075 Eagle Bend Court, ,Jacl<so nvillc, spoke in support of the H RO . Helen Urban, 543 Pelican Key, s poke in supp011 of the HRO . . Julie Malmstrom, 2042 2 11 d S t. S., .Jacksonville Beach, spoke in s upport or th e HRO. Rafael Usher, 13245 Atlantic Blvd. #4-233, spoke in 5t~orl or giving the pe e ple theel:!atlee-te-vele s tali ng tl e was iR oppositi on to th e TI RO. Aryana Vontecsc, 178 0 Leon Rd. #2212, Jacl<sonville, s po ke in supp ort of th e HRO. Matthew Fain, 1780 Leon Rd. #2212, .Jacl,sonville, spoke in s upport of the HRO. Roseanne Larizza, 721 Neptune Lane, Neptune Beacb, s poke in support of the IIRO. John Ste·r, 1701 Selv~l Marina Dr., spoke in support of the HRO. Ruth McGuffin, 1965 Brista De Mar C ircle, spoke in s upp ort of th e HRO . Helen Bradley, 94 Ocean Side Drive, spo ke in support of th e HRO. Blal<:e Harper·, 3909 S unbeam Rd., .Jac l<so nville, spoke in opposition to th e IlRO. August 11 ,2014 REGU L A R COMM I SS ION M EETI NG Ben Steffens, 1115 Main S t., spoke in opposition to t he HRO. William Lyon, 11 25 M~1 i n St., spoke in oppositi on to th e HRO. AMENDI:D AGENDA ITEM# I B SEPT EMBER 8, 2014 P ngcS Heather Downs, 375 3 rcJ S t., spoke in support of the 1-IRO-&Ac-kioes not 'NBA\ this to -geA& a Yete. G t·etchen Detrcs-Murray, 346 Magnoli a S t., spoke in su ppor t of th e HRO . Mary-Blue S ter, 1701 Selva Marina Dr., sp oke in s u pport of t he HRO. Bobby N ord, 5201 At lantic Blvd. #254, Jacl<Sonv ill e, spoke in su pport ofth e I IRO. Oanielle Krusemark, 7 61 Peppea·vinc Ave., .J acksonvill e, spoke in s u pport of t he .HRO . Dag Heede, J 7 1 C lub D rive, spoke in s uppo rt of th e II RO. B~ubara J ea n Whitehead , 234 Poin settia S t., s poke in s upport of the IIRO. James Edd y, 222 Lawton Ave ., Jacl<so nville, spoke in s upport of the HRO. C h evara Oren , 2069 N . Mar·kct S t., Jacl<so n villc, s poke in s upp01t of the IlRO. Donna C hristense n , 2 039 Paradise Oal<s C t., spok e in suppo rt of th e HRO. S u sann e Barl<er, 1938 Beachside Ct. in suppor t of the I IRQ b ut did not speak. Marl< Hill, 1726 Selva M arina Dr., spoke in s upport of th e HRO. Lucy Lynch, 71 0 2 11 ll S t., Neptu ne Beach, spoke in s upport of the llRO. Laura Riggs, 301 E. Bay S t. #405, .Jacl<so n v ille, spoke in s upport of the llRO. T homas SeJwiltk a, 1431 Riverplace Blvd., Jackso nville, s poke in s upport of the HRO. Brenda S amara, 2233 Seminole Rd. #19, s poke in s upport of the IIRO. Jobn H•mcocl<, 336 S unrise C ircle, spoke in support of th e HRO and the dog pa r k . Tom Steele, 923 Mystic Harbor Ot·., Jacl<sonville, spoke in s upp01t of the JIRO . Deborah C arter, 803 Wood H ill D t·., Jacl,son v ill e , s poke in supp ort of th e HRO. T r avis C hris ten sen , 2871 Affirmed C out·t, Green Cove S prin gs, spoke in s uppo rt of the IIR O-ttt-ld-age-i-fls.t a referendum . A u a S h epard, 41 Co ral S t., spoke in s upport of th e I I RO. Jimmy M idyette, 5683-2 Solo mon Rd., Jacl<sonv ille, sp o ke in suppo rt of the HRO. Augus t II, 2014 REGULAR CO MMISS ION MEETING Lyn Lazarus, 540 Hopkins S t., Ne ptune Beach , spoke in supp ort of th e I IRO . AMENDI.~O AGENDA ITEM li I ll SEPTEMBER 8. 2014 J>a gc 6 Joseph Quest, 1501 Atlantic Blvd, Ne ptune Beach , addressed i mprovin g the look o [ th e May p011 Rd co rrid or. Lynne Carroll, 316 9 111 St., spo ke in s uppo rt of the IIRO . Ca rrin gto n Mead, 3948 Anvcrs Blvd. Jacl<son v iJic , spoke in support of th e HRO. Michael F armer, 134 E . Colonial Dr., Orlando, spoke in s upp ort of th e ITR O. Gena Delancy, 110 Bowles Street, Neptune Beach, spo ke in support of the HRO. Marye Delaney, 215 Myra S tree t, Neptune Beach, spoke in support of the llRO . S haron Si mmon s, 2755 Rive•·s i<lc Ave., Jacksonville, spoke in support of the HRO. Katie Delancy, 1610 La ndon Ave., Jacl<so nville, did not speak, bu1 was in s upp ort of the liRO. Phil Wemhoff, .Tacl<sonvillc , s poke in opp ositi on to the I IRO . Ali Hall, 1401 Neptune Gr·ove Dr. W., Neptune Beach , did not s peak bu t was in sup po rt of the HRO. Tcn'Y Lamb, (14603 Beach Blvd.) sailin g vessel Su ndollar, Jntracoastal Waterway , spoke in supp ort of th e HRO . PK Drake, 4524 Attleboro S t., Jacl<sonvillc, s poke in supp ort of th e HRO . Debbie Price, 316 9 111 St., spoke in suppo rt of th e HRO. Linda Huffman , 501 16111 AvenueS., Jacksonvill e Bench, spo ke in supp o rt of th e HRO. Jane Kosut, 1969 Sevilla Blvd. W., spoke in s uppo rt ofthe liRO. M;try Anne Aycocl<, 1632 Pari< Tcnace W., spoke in s upp ort ofthc HR O. Marina Hadgini, 72 1 Ne ptune Lane, Ne ptune Beach, spoke in suppOL1 of the llRO-sttl!in g \'t'e deA 'lllee&-a relerenGtiffi . Lori Arms tt·ong, P.O. Box 3381, Neptune Beach, spoke in s up po rt of the TIRO. Bill Delancy , 1610 L andon Ave., Jacl<so nvill e, di d not speak bu t was in support. S haron Qualls, 10 T e nth S t., #5 0, spoke in supp o rt of the HRO. Nigel Bennie, 147 Pine Street , spoke in suppo rt of t he HR O. Augusl II , 20 14 R EGU LAR COMM I SS ION MEETING Tasha Ha ll , 1948 Bristn De Mar C ircl e, s poke i n s upp orl of the HRO . Brian Hughe s, 171 C lub Drive, s poke in support of the HRO. Shirlee Richardso n-M ill er, 1529 2"ll Avenue N., spoke in sup port of t he T-IR O. Woody Winthc, 335 3rd S treet, spoke in support of th e HRO. DcJwan Harmon, 611 Selva Lakes C ircle, spoke in support of the I fRO . Avery Garner, .J acl<sonville, s poke in support of the HRO. AMENDED AGENDA ITI~M ~ Ill SE I'TEMB ER 8. 20 14 Page 7 Michael Hohman, 11334 Cal'lsburg C t., Jacksonville, sl ated he was eoneeftled about the-eAforcen'leRt of n~e-1-J..RO nnd was spokl! in opposi li on t-e-ofthe BRO. Dawn O'Connor, 611 Selva Lakes C ircle, spoke in supp ort of th e IJRO. Peyton Hopkins, 957 151h Ave. S., Jacks onville B each, spoke in s up p011 of the HRO S teve Piscitelli, 375 Magnoli a S t., s poke in supp o11 of the HR O. Jessica Osbol'ne, 3208 Herschel S t., Jacl<s onville, s poke in support of th e BRO. llcm 7D was taken out of se quence and ac ted on at thi s time. 70. ORDINANCE NO . 95-14-108, Public Hearin g and F inal Readin g AN ORDINANCE Of THE C ITY OF ATLANT IC BEACH, FLORI DA> AM ENDfNG CHAPTER 9, OF THE CODE Of' ORD INANCES, TO PROHlBJT DJSCRTMTNATION; PROVIDING FO R CONF LI CT; PROVIDIN G POR SE VERAB ILJ TY; AND PROV IDIN G AN EFFECT IVE DATE. Mayo r Woods read Ord in ance No. 95-14-108 by title. She stated Commissioner Hill is not here thi s evenin g and sent in a note reques ti ng t hey pos tp one the vo te on thi s and asked i f any of the Comm iss ioners wou ld li ke to make a motion to do th at. Motion: Defer Moved by B ecl<enbach, S econded by Daugh erty Com mi ss ioner Mark stated she abso lute ly cannot support that mo ti on. She sta ted she under stan ds Co mmi ss ion er Tlill 's persona l iss ues for no t being here; howeve r, she stated this ord in ance has been di scussed for month s now. S he stated every one of th e Commissioners has had more than ample o ppo rtuni t ies to bring forward what th ey wan ted to br in g in th is ordin ance. She stated there is no disp ute th a t Com mi ss ioner Hi ll is not a supp orter of thi s ord.in a nce. She sta ted to defer thi s vo te sim ply because Com mi ss ion 1 I ill is no t here, knowing th at he is not a supporter of thi s ord inance, wou ld just give it lln due delay and she doc s no t support defe rring thi s ordinance . She stated if th ey pass the ordina nce, th ey can always amend the o rdinance if th ey find it need s to be tweaked. She stated if th ey do not vote on th is ordinan ce toni ght, then they wi ll have done a g reat e r injust ice th en not vo ting for it at all. August 11, 2014 REGULAR COMMISSION MEETING AMENDED AGENDA ITEM # IB SEPTEMBER 8, 2014 Page 8 Commissioner Daugherty stated he seconded this so they could discuss this. He stated he does believe it needs to be amended in such a way that it would take it to a first reading again and that would add another month to this, so he wanted to discuss whether the Commission would be in favor of the amendment before they vote on this. Mayor Woods stated they need to address the motion that is on the floor. Commissioner Beckenbach stated at the last meeting Commissioner Hill said he had a ce1iain concern that he wanted to discuss with legal. He stated he couldn't come back to the Commission because it has to be out in the open. He stated he is for the HRO but believes there should be an oppmiunity for another Commissioner to bring forward something that he feels would be beneficial for the HRO itself. He understands what Commissioner Mark stated that Commissioner Hill has had a long period of time in which to come up with something and he hasn't. He stated, at this point, he was supposed to have and he doesn't know if he has. He asked City Attorney Komando if Commissioner Hill had spoken to him about the HRO. Mr. Komando stated they talked more about his inability to be here and whether or not it should be defened. He stated he brought up one other topic but he believes it is something he wants to bring up. Commissioner Beckenbach asked if Commissioner Hill has spoken to Mr. Komando about changing the HRO. Mr. Komando stated Commissioner Hill expressed concerns about another jurisdiction that is having a similar legal fight. Mayor Woods asked when was this discussion, with Commissioner Hill, about him having a specific point he wanted to discuss. Commissioner Beckenbach stated it was at the last meeting. Mayor Woods asked if Commissioner Hill brought up what that issue was and if he has spoken to Mr. Komando about what this issue is. Mr. Komando stated he doesn't know if it is the same issue; he brought up an issue about a legal challenge he had found doing some research. Mayor Woods stated that is not specific language about the ordinance and ask if he has spoken to him about anything specifically in the ordinance. Mr. Komando stated no. Mayor Woods stated he said at the meeting that he had a specific issue but he didn't tell anybody at the meeting what it was and said he would get with counsel and he didn't speak about anything specific with counsel. Commissioner Beckenbach stated in this particular case if they are going to vote for the ordinance he wants to make sure they give each of the Commissioners the opportunity to vote and the final opportunity to make their final statement. Commissioner Daugherty stated he would encourage the Commission to extend this courtesy. He stated he has some serious concerns about the language based on some comments that were made tonight. Mayor Woods stated Commissioner Hill has opposed this the entire time; they have asked him repeatedly for any specific language that he could offer and he has come up with none. She stated Commissioner Daugherty has opposed this repeatedly and they have asked him for specific language and he came up with quite a bit, he joined in the conversation and helped. She stated she believes if it was Commissioner Daughe1iy asking for this she would be a lot more prone to it but Commissioner Hill has shown commitment only to avoidance. She stated the fact that he brought it up at the meeting but was not specific about anything still and has had two weeks since then to speak to counsel about it and counsel says there was no specific language. She stated Commissioner Hill says he has something that he knows about and wants to share but he hasn't shared. She stated she has to question, as does Commissioner Mark the motivation. She stated at this point she believes it is more prudent for the City to move ahead. She believes our counsel has done a wonderful job of researching; there have been numerous discussions about lawsuits going on or not going on in other places. She stated she has every respect for Commissioner Hill and his convictions but she believes at some point politics doesn't trump anymore and it is time to serve the community. She stated that is where she stands and would like to call the vote on the motion to defer. She stated if there is language someone wants to bring up for them to consider, they always can and always will. Mayor Woods called the vote. August 11, 2014 REGULAR COMMISSION MEETING Votes: Aye: 4-Becken bach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods asked the City Clerk to do a roll call vote on the deferral. Roll Call Votes: Aye: 2 -Becken bach, Daugherty Nay: 2-Mark, Woods MOTION FAILED AMENDED AGENDA ITEM# 18 SEPTEMBER 8, 2014 Page9 Mayor Woods said to Commissioner Hill, if he is watching, please bring them specific language and they will be happy to consider it in the future. She asked Commissioner Daughe1iy if he has ce1iain concerns to please bring them forward. Motion: Approve Ordinance No. 95-14-108 as read Moved by Mark, Seconded by Beckenbach Commissioner Daugherty asked the Commission how they feel about this going to referendum, stating he is in support of it. Mayor Woods stated she does not believe the community needs to be torn apmi like that. Commissioner Daughe1iy stated then it would be a 2-2 vote so he will not make that motion. He referred to page 3 "Places of public accommodation" stating, after hearing the public comments, he would like to strike the last five lines starting at facilities and accommodations. He stated he believes if they pass this as written they are opening the churches to possible litigation. Motion: Strike last five lines of the third paragraph on page 3. Moved by Daugherty, Seconded by Beckenbach Commissioner Mark asked legal counsel to comment on that. Mr. Komando explained what Commissioner Daugherty is referring to under the definition of public accommodation or places of public accommodation. He stated if a religious organization does rent or lease or allow others to use their space, you look at the last five words of that definition which says, "but not to the public". He stated by allowing the public to use it, it would no longer be a place, and you have to go to the beginning of that definition where it states, the following shall not be considered places of public accommodation and it refers to private clubs, establishments, etc. He stated if a religious organization, association, society or non-profit allowed their facility or establishment to be used by the public then that place would no longer be considered a public accommodation. He stated even though that place would be considered a place of public accommodation, the religious organization would still be protected under the exemption pmiion on page 7. Mayor Woods stated so when they were having religious members use the facilities or are having religious church events they would be exempt from the ordinance, but if they are operating a business by renting out the space it would be like any other business. She asked if they would still need to have 15 employees or more. Mr. Komando stated he would have to do more checking on that. He stated he mentioned to Commissioner Daugherty during public comment that he has heard there are some cases that deal with when a facility or establishment could be considered public versus a private or religious place, but he didn't anticipate that question coming up tonight so he hasn't done that research. August 11,2014 REGULAR COMMISSION MEETING AMENDED AGENDA ITEM# 18 SEPTEMBER 8, 2014 Page 10 Commissioner Beckenbach stated an example would be the church that is in the Atlantic Theatre. He stated if they offered it to individuals such as himself when he ran for office to have a debate there and they would take money for that. He asked if that would then be considered a public accommodation. Mr. Komando stated that was cmTect. Commissioner Beckenbach stated then if the LGBT community wanted to do the same thing and they said no, that would not be acceptable because it is a public accommodation and they would not be able to say the LGBT community could not rent their prope1iy. Mr. Komando stated the organization couldn't claim that it is not a place of public accommodation because they had allowed it to be used as a place of public accommodation. Discussion ensued. Commissioner Beckenbach stated, to him, this is just stating that any organization, religious or not, that decides they are going to rent out part of their assets or place they want to make a ce1iain amount of money on, that they can rent it out to anyone in the public but they can't discriminate against who in the public they rent it out to, unless they say they aren't going to rent it out to anyone in the public and then they can be discriminatory at any time. Mr. Komando stated that is traditionally what country clubs do; they don't allow their facility to be open to the public. He stated that is why private clubs generally will have a member rent the facility and then anyone who comes is a guest of that member; they aren't renting to the public. Commissioner Beckenbach asked Commissioner Daugherty where is he seeing a problem with that as far as a religious organization is concerned since they still have the oppmiunity to discriminate but once they start renting it out to the public then they can't start being discriminatory and say I'll choose you, but I won't choose you. Commissioner Daughe1iy stated there aren't many places in Atlantic Beach where you can have 100 people show up for something and Commissioner Beckenbach's example of the debate for the election is a great example. He stated the thing about the possibility of something coming up that may be gay-oriented is that it directly goes against their core beliefs and values that they may profess, although he can't speak for the Vineyard Church. Mayor Woods stated he just said he didn't know what they were so you can't turn around and say it does. Commissioner Daughe1iy stated a lot of churches profess this. Mayor Woods stated a lot of churches don't. Commissioner Daughe1iy stated they have been very careful when crafting this ordinance to protect churches. Mayor Woods stated the difference here is that they are operating as a business at that point and collecting money. Further discussion ensued. Commissioner Beckenbach stated in this pmiicular case as far as discrimination is concerned they would be discriminating only if they selected in the public from one group saying we will okay you to have it but the other group will not be allowed to because you are not the correct race, not the conect gender, etc. He asked if that was correct. Mr. Koman do stated you are crossing over into what is prohibited conduct from the definition of what a place of public accommodation is. He stated a religious organization that rents out a facility to the public cannot claim that that place is not a place of public accommodation. Mayor Woods stated this is just defining what public accommodation is and if you have accommodations that you rent to the public, it becomes a public accommodation by definition. Commissioner Beckenbach asked Commissioner Daughe1iy if he is saying if it goes to the public he doesn't want it to be a public accommodation. Commissioner Daugherty stated he doesn't want a situation where a church does something like that and then finds themselves in a situation with a lawsuit. Commissioner Beckenbach stated if you are going to rent to the public, basically, you are saying that this definition says that if it is rented to the public then it is a public accommodation. Mr. Komando stated this is just a definition of a place of public accommodation. Commissioner Daugherty stated he believes he better understands it now. Commissioner Daughe1iy withdrew his motion; Commissioner Beckenbach withdrew his second. Mayor Woods opened the Public Hearing, asking if there was anything additional the public would like to speak to. David Johnston, 2207 Alicia Lane, stated this wording prohibits the care of people by the chmch, using its own facility, simply because they are members of the public and the chmch is not becoming a self serving August 11, 2014 REGULAR COMMISSION MEETING AMENDED AGENDA ITEM# IB SEPTEMBER 8, 2014 Page 11 organization so it can only use its facilities and assets for itself. He stated the church needs to care for the public without discrimination, but the wording here prohibits the church, changes the category, based on the fact that the church is using its own facilities for the care of the public. He stated that is a greater issue than the rent thing; it is not so cut and dry. He stated now this ordinance by its wording prohibits the church from using its own facilities to care for the public. Jimmy Midyette, 5683 Solomon Rd., stated he doesn't believe what they were talking about in this last discussion has to do with the church's ministerial function and its mission on emih. He stated it talks about whenever the church holds itself out as a public accommodation; when it takes in rent for the facility. He stated churches then get taxed on those commercial things that happen. He stated the issue here isn't the church being open to members and nonmembers, and ministering to its community, the issue is whenever the church has a facility and rents that facility out to the public, then their obligations under this ordinance may be impacted, but not for its general ministerial function. John Stinson, 150 12th St., asked about violation of sunshine law with Commissioner Daugherty speaking to the City Attomey during the public comments pmiion. Mayor Woods stated that is not a violation because the City Attomey does not vote so they are always able to speak with their counsel. No one else from the audience spoke, so the Mayor closed the Public Hearing. Mayor Woods asked the City Clerk to call the roll for the vote. Roll Call Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Before he voted, Commissioner Daughe1iy stated that he is against this but, so he could bring it up for reconsideration at the next meeting so Commissioner Hill could have his say, he would vote aye. Mayor Woods stated she is real sad to hear politics come into this. She thanked everyone for their hard work and thanked the City Attomey for all of his time and efforts in this. She stated she hopes when Commissioner Daugherty and Commissioner Hill bring this up that they have clear concise language that they would like to discuss so that they don't expend anymore than necessary of City resources. Commissioner Daugheiiy stated it will take a vote of three people to bring it up for consideration, so one of you guys will have to want to hear what Commissioner Hill has to say. Mayor Woods adjoumed the meeting for a short break. The meeting was reconvened at 9:48p.m. Item 8B was taken out of sequence and acted on at this time. 8B. Public Hearing on Request for use-by-exception (UBEX-14-00 1000 19) to allow limited wholesale operations in the Commercial General (CG) Zoning District located at 1175 Atlantic Boulevard. Motion: Approve the Use-By-Exception 14-00100019 as read. Moved by Daugherty, Seconded by Beckenbach August 11, 2014 REGULAR COMMISSION MEETING Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Item SA was taken out of sequence and acted on at this time. AMENDED AGENDA ITEM# JB SEPTEMBER 8, 2014 Page 12 A. Public Hearing on Request for use-by-exception (UBEX-14-00 1000 18) to allow the permanent storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512 Stewmi Street. Mayor Woods opened the Public Hearing. Charles Mann, 165 Arlington Rd., stated this is very close to some property he owns on Stewart St. and Mary St. and he is opposed to this unless they can properly condition it to lessen the impact on his piece of prope1iy. He stated he has spoken to the applicant and they have come up with some areas he believes they can have a meeting of the minds on. He referred to the exception this falls under, stating this is actually a bus terminal; storage of cars is where they are there on a prolonged basis. He stated this is the coming and going of 3 8-40 school buses on a daily basis and that constitutes a bus terminal. He stated he does not believe it is properly before the Commission. After speaking with the zoning administrator, who has been very helpful to him in getting ready for this, he said he determined this was the closest zoning category that the bus terminal would fit in and, therefore, it would be allowed by exception. He stated, as a propeliy owner, he would rather see a decision like that made by an elected body, not by an administrator. He stated if they want to change the code it should be done, in his opinion, by the Commission, not by a zoning administrator. He stated he is also concerned about the effect this is going to have on the growth and redevelopment of this area. He believes there are several compromises that could be put on this piece of property, i.e., allowing all the cars to come out to Main St., go south on Main St. to Levy and using Levy as access to Mayport Rd. to keep them out of this residential area; the piece of property that fronts on Stewart St. be designated solely for the parking of the bus drivers cars; some visual screening along Stewart St. with shrubbery; and some concern for the protection of the aquifer. Attillio Cerquera, 36 W. 6th St., stated he understands what Mr. Mann is saying about his property that is adjacent to his commercial prope1iy and definitely wants to create a lower impact on the residential properties. He stated this industrial property has been zoned like this since the 1960s. He stated these residents have moved in on this industrial property. He stated it has been zoned industrial and is supposed to be used as industrial property. He stated he is not ce1iain how you can come and go without making any impact on the public environment of this industrial prope1iy without going down these streets. He stated he has no problem with Mr. Mann's recommendation of coming out on Main and going to Levy, making a new ingress and egress and then putting the cars on that adjacent lot. He stated to speak with the problem with the oils and gas, he has to go through St. Johns Water Management District to create a system that would hold and retain every bit of his water on his property so there wouldn't be any issues with that. He stated he would be able to fence it off or put some screening on Stewart Street so it is not seen from Stewart St. and then create the ingress and egress off of Main St. Nancy Parrish, 1611 Main St., stated her parents owned this property in the 1950s and eventually sold it and she has the last piece of that property which is light industrial, so she is concerned about what she will end up doing with it if he does put buses out there. She stated she would like to know if it is going to up the value of the property. Aug ust I I, 2014 REGULAR C OMMISS ION MEET ING No one else from th e audi ence spo ke so Mayor Woo ds closed th e Pub li c Hearin g. AMENDED AGENDA ITF.M II I B SEPTEMBER 8, 20 14 Page 13 Bu ildin g and Zo n ing Director Jeremy l lubsch answe red questions from the Co mmi ssio n. Discussion ens ued . Mr. Ce rqu era fm1 her explained the product th a t is proposed to be used for th e pa rkin g area. He answered questions from the Commi ss ion . Commi ss ione r Daugherty revea led he ha s been advised by counse l that he has a po ssibl e co nfli ct of interest and wi ll not vo te or disc uss thi s item and will prepare a memo randum to be delivered to the Co mmi ssio n (whi ch is atta ched and made part of thi s Off1 cia l Reco rd as Attachment A). Mr. Hubsch ad dressed Mr. Mann's ea rli er point about whethe r this sho uld be a use-by-excep ti on, statin g it is one of those thin gs in th e code where th ere is not a li stin g for every spec ific use that is out th ere so they found th e one that was most simil ar to it. lie stated if th e Com mi ss ion disagrees with that j ud gment they cou ld deny it based on th ose gro und s . Mayo r Woo ds asked i f we have codes that a ll ow pa rkin g lots. Mr. Hubsch stated there is a co de th at a ll ows off street parking lots, w hic h wou ld a lso require a usc-by-excep tion. Discus s ion ensued re lated to the schedlll e and ro utes of th e bu ses. Motion: App rove UBEX 14-0010018 to allow storage of buses in the light industrial and warehousing zoning district located at 5 12 S t ewart S trc e ~ with the following conditions: appr·oval of S JRWMU permit or a letter from the SJRWMO stating no approval is necessary; visual screening installed on s ite, so buses arc not in view from Main St. and Stewart S t., opaque gates s hall be installed at both access points; limit of 40 buses on s ite; route buses to Ma in S t. to Levy; and worlt with C ity to develop lundscape buffer o n the west side of Main St. to protect the e nvironme nt of those houses. Mo ve d by Wo ods, Seconded by Mark Mr. Mann s tated that cert ainly plea ses him . He state d he beli eves in right s of a man to use hi s property and thi s is a fa ir co mpromi se if it is do ne thi s way and he ca n certa inl y li ve wi t h th at. Cornm iss ioner Beckcnbach staled he wo uld like to co me back and ta lk abo ut th at light industria l are a so metim e in th e fut ure because be is seein g th e res iden ti a l a reas th at are deve lop in g ove r there and knows that ri ght now we have a li gh t res id e nti al but at a lat er ti me he wou ld like to see if they can move it more toward th e res id ent ial on both sides of that streel. Vo t es: Aye: J.4 -Bcclccnbach, .Oat~glte¥ty, M ark, Woods Nay: 0 Commissionc1· Daugherty abstained from the vo te. MOTION CARRIED 3. U nfinis hed Business from Previous Meetings A. C it y Manager's Fo ll ow-u p Repor t. None. 4 . Con sent Agenda August 11, 2014 REGULAR COMMISSION MEETING AMENDED AGENDA ITEM# 18 SEPTEMBER 8, 2014 Page 14 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 Depmiment Monthly Activity Report and Monthly Financial Report for June 2014. B. Award the contract for annual Janitorial Services for City Facilities (Bid No. 1213-06) to Supreme Janitorial Service for one (1) additional year to expire on September 30, 2015. C. Declare this list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. D. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on-line applications on behalf of the Mayor and the City. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A -D as read. Moved by Mark, Seconded by Beckenbach Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 14-07 This item was taken out of sequence and acted on earlier in the meeting. 7. Action on Ordinances A. ORDINANCE NO. 15-14-14, Public Hearing and Final Reading This item was taken out of sequence and acted on earlier in the meeting. B. ORDINANCE NO. 58-14-38, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-268, DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; August 11, 2014 REGULAR COMMISSION MEETING AMENDED AGENDA ITEM# IB SEPTEMBER 8, 2014 Page 15 REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 58-14-38 by title. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No. 58-14-38 as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 58-14-39, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 58-14-39 by title. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No. 58-14-39 as read. Moved by Mark, Seconded by Daughe1iy Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. ORDINANCE NO. 95-14-108, Public Hearing and Final Reading This item was taken out of sequence and acted on earlier in the meeting. E. ORDINANCE NO. 5-14-61, Introduction and First Reading (Deferred on 7114/14) 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. Mayor Woods read Ordinance No. 5-14-61 by title. Motion: Approve Ordinance No. 5-14-61 as read. Moved by Daughe1iy, Seconded by Mark Commissioner Beckenbach, referred to Item 8C, stating he wants an amendment to the present code, Sec. 2- 16, which he read from his repmi in 8C. He stated the need is to continue to have business move along but he has heard from a number of different citizens that the workshop was really wmihwhile and they appreciated August 11, 2014 REGULAR COMMISSION MEETING AMENDED AGENDA ITEM# lB SEPTEMBER 8, 2014 Page 16 that they had the extra opportunity to discuss and to hear what the agenda was all about. He stated this would allow staff to have the opportunity to have the consent agenda and other areas such as an RFP to be put through, as they are asking, to continue to move the business of the City along but also to make sure that everything else that would be voted on would be workshopped before we have the vote. Mayor Woods stated she understands Commissioner Beckenbach's concerns but believes the hybrid compromise that was worked out provides all those concerns because the consent agenda would still work as the consent agenda and get passed; all ordinances require two readings so the public has a full month to hear them with public hearings; the resolutions would come to them once and if they wanted they could move them to the next meeting; and anything that was on miscellaneous would be for discussion only under new business and not voted on and the Commission, by consent, would decide to move it to be voted on at the next meeting or to keep it under new business or not discuss it anymore. She stated if they wanted to move ahead with it they would move it to unfinished business where it would be discussed and voted on. She stated every single thing, except resolutions at this point, would have a chance to be heard two times, plus the agenda would come out earlier than it does now and would give plenty of time for the citizens to read it and the newspapers to comment on anything. She stated she understands where Commissioner Beckenbach is coming from because she has seen how things were done in the past but at some point you have to say they have solved that problem and she believes this is a good compromise. She stated they need to be able to move the City's business along. Commissioner Beckenbach asked what is not working in the workshop; what is it they are missing along the way. Mayor Woods stated every ordinance is taking two months and under the hybrid they would have the agenda out for 10-12 days before the first discussion, then two weeks before the next discussion so you basically have a month for everything, instead of two months. She stated two months to pass the pension ordinances has been excessive; two months to pass most ordinances is fairly lengthy. Further discussion ensued. City Clerk Bartle asked if it would help if when they do the agenda, similar to what they do with a consent agenda, they put a run-in before the items are listed that tell the citizens that these are just discussion-only items and no action is going to be taken. She stated that might solve all the problems to make sure people understand how those items are going to be treated. Mayor Woods reiterated that she really believes the hybrid system will work out, especially if they are very clear that new items are just being workshopped and not voted on. Commissioner Mark stated the reason she would support the hybrid is because she believes, personally, the workshops would have worked had the Commissioners come prepared to have a meaningful discussion but nine times out of ten at the workshops they ended up going around and around and just having a circular conversation without really getting anywhere. She stated even at the next Commission meeting where they were supposed to take action they were still having that circular conversation because they are either not prepared or whatever the issues might be. She stated she believes at a Commission meeting it gives it more of a gravity of the situation that they need to come better prepared to discuss these items and be prepared to take action when they can. She stated she doesn't believe, from the beginning, they really clarified how they would actually conduct that workshop and they ended up getting bogged down in some of these little things but, in her opinion, the things that really needed discussion never made it because by the time they got to those items, which was typically in the miscellaneous business, they were already tired. Votes: Aye: 3-Daugherty, Mark, Woods Nay: 1 -Beckenbach MOTION CARRIED 8. Miscellaneous Business August 11, 2014 REGULAR COMMISSION MEETING AMENDED AGENDA ITEM# IB SEPTEMBER 8, 2014 Page 17 A. Public Hearing on Request for use-by-exception (UBEX-14-00100018) to allow the permanent storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512 Stewart Street. This item was taken out of sequence and acted on earlier in the meeting. B. Public Hearing on Request for use-by-exception (UBEX-14-00100019) to allow limited wholesale operations in the Commercial General (CG) Zoning District located at 1175 Atlantic Boulevard. This item was taken out of sequence and acted on earlier in the meeting. C. Proposed amendment to Section 2-16. Time and place of regular meetings and scheduled workshops. This item was taken out of sequence and acted on earlier in the meeting. D. Request to amend Section 24-84 ofthe City Code of Ordinances related to Through Lots. Jeremy Hubsch stated this will go back to the Community Development Board next Tuesday and will come back to the Commission. Mayor Woods stated they have some issues with the ordinance in the way it is written and asked if they want to put a moratorium on approving permits that this affects. Mr. Komando stated a moratorium has to be passed in the same manner as an ordinance and will take two readings. He stated if the CDB does not have a way to resolve it by the next meeting then Mr. Hubsch will have to talk about a moratorium. Mayor Woods asked if they cannot offer a way to resolve it at this point; can they discuss it. Mr. Komando stated they can give direction to the CDB. Discussion ensued. Mr. Hubsch showed some slides of Beach Avenue stating the 5' is from the property line not the right-of- way. He stated ifthey want to go above 15' it is actually a 10' setback so you wouldn't have a 2-story garage right on the right-of-way, it would be set back a little farther. He stated the code has been in place since around 1940 but it has been historically developed that way for a long time. He stated that is why he had hoped to present a little more detailed information on the history and how many houses are set up that way, where the curb cuts are and where the traffic is going to and from. Mayor Woods stated Beach Ave. is very different from any other street in the City in that it was designed to be an alleyway and have garages backing up and not much space. She stated because of that they are very lucky they have one-way traffic and a constant parade of bicycles, etc. She stated Ocean will maintain the 20' setback. Commissioner Beckenbach asked if they were going to force the 20' setback on Ocean. Mayor Woods stated that was correct. Commissioner Beckenbach asked if that is what Mr. Hubsch is proposing. Mr. Hubsch stated yes, they are voting it back to how it used to be but it has to run through the Community Development Board. Mayor Woods stated she is saying they can have the address and their garage on either side but they have to have their 20' setback. Mr. Hubsch added, and no detached structures within that 20'. Mayor Woods stated that is correct. Commissioner Beckenbach asked if they can put through an amendment to that ordinance right now. Mr. Hubsch stated, per our land development code regulations, it has to go through Community Development Board and then to the Commission. Mayor Woods stated but they can recommend to the Community Development Board that that is what they are looking to pass. Mr. Hubsch stated he will let them know that is where the Commission stands. August 11, 2014 REGULAR COMMISSION MEETING 9. City Manager A. City Manager's Report. • 90-Day Calendar (August-October 2014) AMENDED AGENDA ITEM# IB SEPTEMBER 8, 2014 Page 18 Mr. VanLiere stated the budget meeting will be held this Wednesday, August 13, at 5:00 in the Chamber and the second budget meeting will be August 20. Mayor Woods stated they must have the budget approved and passed by the second meeting in September. Mr. Van Liere stated that will be a special called meeting. Answering a question from Commissioner Mark, Mr. Van Liere stated he had not planned on having food at the meeting and it will be videotaped. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • USS Iowa Jima is coming into Maypmi and he received an invitation to go to Norfolk and ride it down here and he wanted to let them know he will be doing that on Thursday. Mr. Van Liere stated he would like to see the Commission pay for his plane ticket. Commissioner Daugherty stated the ticket is $160. Mayor Woods asked who invited him. Commissioner Daugherty stated Congressman Crenshaw. Commissioner Mark asked Commissioner Daugherty if he was paying that or who is paying for that. Commissioner Daugherty stated he has been here five years and has not done any travel at all. Mayor Woods stated she believes Congressman Crenshaw should pay for it. She asked if they can approve this at this point. Mr. Van Liere stated they can give him a consensus. Commissioner Daugherty stated the whole thing is for developing relationships with the people on the boat. Mayor Woods stated, yes, it is worth every penny. Commissioner Daugherty stated if any of the Commissioners want to do a fly-out, he can give them the information where they can do a fly-out on Sunday morning to the ship and ride the ship back. Commissioner Beckenbach • Asked what is happening with recyclables? Stated they had talked about putting another bin out and he has been asked about the other bin. Mr. Van Liere stated they had to come up with the decal and order the 7,000 bins and they should be making their way to us shortly. He stated he will have the Public Works Director give him a more specific timeline. • Thanked Mr. Van Liere for doing both the City Manager's position and the Finance Director, especially with the bonds, etc. He stated he is keeping control of the City's money in a positive way by getting a much better interest rate. Mr. Van Liere stated there was a lot of help on that, between the bond counsel, financial advisor, and Jeri Benjamin. City Manager Van Liere • They have just gotten notice from Jacksonville on our proposed mediation on the tipping fees, which they have given us a couple of days to look at. He stated they haven't confirmed that yet as they just got the infmmation today. Commissioner Beckenbach asked him about annexation. City Attorney Komando stated regarding annexation, they are supposed to have a draft of the Interlocal Services Boundary Agreement by this Friday, according to Councilman Gulliford. Commissioner Mark • Thanked Mayor Woods for her leadership in getting the Human Rights Ordinance passed tonight and hopes it remains on the books. She understands Commissioner Daugherty's caveat for voting for it but hopes the people who were against it, and probably still are, really think about it hard and realize this is the right thing to do. She hopes that is something that other fellow Commissioners come to August 11, 2014 REGULAR COMMISSION MEETING AMENDED AGENDA ITEM# lB SEPTEMBER 8, 2014 Page 19 te1ms with and know that it is the right thing to do. She stated it has been a contentious subject for a long time in Atlantic Beach and knows there is a lot of grief some people are feeling about this. She stated she voted her conscience because that is the way to vote and she voted it because she wanted it and not to try to sabotage it later. She stated, hopefully, that will be reconsidered at some point. Mayor Woods • Stated staff did a lot of work on the HRO as well, putting countless hours into it. She stated she appreciates everyone maintaining a cool composure, as much as we have; it is very emotional. She stated this is not an arbitrary thing, it is people's lives and it really matters. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 11:01 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer *A Workshop was held on July 28, 2014 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. AMENDED AG ENDA ITEM ff I B SEPTEM BUR 8, 20 14 ATTACfiMENT A fOIRM SIB MEMORANDUM Of VOT~NG CO NIF L ~Cl' IFOIR CO UNTY, MUN~C~PAL, AND OlHE!R lOCAL PUlBl ~C OfrF~CERS THE BOARD, CO CIL, COMMISSION, AUTIIORITY OR COMMITTEE ON WHI [II SERVE IS A UNIT OF: CITY 0 OTHER LOCAL AGENCY M POSITION IS: 0 APPOINTI VE WHO MU ST FILE FORM 88 This form is for use by any person serving at th e co unty, city, or other local level of governm ent on an appointed or elected board, council, co mmi ss ion, au thority, or comm ittee. It applies to members of advisory and non-adviso1y bodies who are presented wi th a voting co nflict of interest under Section 11 2.3 143, Florida Statutes. Your responsibilities under the law when faced wi th voting 011 a measure In which you have a conflic t of In te res t wil l va ry greatly dependi ng 0 11 whether you hold an elective or appoi nti ve positio n. For this reason, please pay close atte ntion to the Instructions o n this form before completing and fili ng the form. INSTRUCTIQNS FOR CO MPLIANCE WITH SECTIO N 11 2.3143, FLORIDA STATUTES A person holding elective or appo intive cou nty, muni ci pal , or other local public office MUST ABSTA IN from voting on a measure which wo uld Inure to hi s or her special priva te gain or loss. Each elected or appointed lo ca l officer also MUST ABSTAIN from kn owin gly votin g on a measure which wou ld Inure to th e specia l gain or loss of a prin cipa l (oth er tha n a government agency) by whom he or she is retaine d (Including the parent, subsid iary, or sibling organization of a principal by whic h he or she Is retained); to the specia l private gain or loss of a relative; or to the special private gai n or loss of a bu siness associa te. Commissioners of comm unity redevelo pm en t agencies (CRAs) un der Sec. 163.356 or 163.357, F.S., and office rs of Independent specia l tax districts electe d on a one-ac re, one-vote bas is are not prohibited from voting In that capacity. For purposes of thi s law, a "relative" Includes onl y tile officer's father, mother, son , daug hter, husba nd, wife, brother, sister, father-in-l aw, mother-I n-law, so n-in-law, and daughter-In-law. A "bus in ess associate" means any pe rso n or entity engaged in or carryin g on a business enterprise with th e officer as a pa rtner, joint vent urer, coow ner of property, or corporate share hold er (where the shares of the co rporation are not lis ted on any natio nal or regional stoc l< exc hang e). * * * • • * * • * E L ECTED OFFICERS: In addition to abs ta in ing from voting In t he situations described above, you must disclose the co nflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to th e assembly the nature of you r Interes t In the measure on which you are abstaining fro m voting; an d WITH IN 15 DAYS AFTER TH E VOTE OCCURS by completing and filing this_ form with the person responsible for recordi ng the minutes of th e meeting, Who should Inco rp orate the form In th e minutes. * .. • • • .. * .. * * APPOINTED OFFICERS: Although yo u must abstain from voting In the situation s described above, you are not proh ibited by Section 11 2.3143 from otherwise participatin g in the se matters. However, you must disclose the nature of th e conflict before mal<lng any attempt to Influ ence th e decis ion, whether ora lly or In writing and wh ether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEM PT TO IN FLUEN CE THE DECISION PR IOR TO THE MEETING AT WH ICH THE VOTE WILL BE TAKE N: • You mu st com pl ete an d file this for m (before mak ing any attempt to influence th e decision) wi th the person res pon si ble fo r reco rding th e minutes of th e mee ting, who will incorp orate th e for m In the min utes. (Contin ue d on page 2) CE FORM BB-EFF. 11 /2013 PAGE 1 Adopted by reference In Rule 34·7.0 10(1 )(f), F.A.C. APPOINTED OFFICERS (co ntinued) • A copy of the for m mu st be provided Imm ediately to the ot her memb ers of the age ncy. • Th e form mu st be read publicly at the next meeting after the form Is fil ed. IF YOU MAI<E NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You mu st disclose orally th e nature of you r co nflict In t he measure before participating. AMENDED AGENDA IT~M H I B SEPTEMDER II, 20 14 • You must co mpl ete th e fo rm and file It within 15 days after th e vote occurs with the perso n respon sible fo r reco rding t he minutes of the meeti ng, who mu st In co rporate the form In the minutes. A copy of the form mu st be provided Immediately to the oth er mem bers of th e age ncy, and the form must be read publicly at th e next meeti ng afte r the form is filed. r / (\ DJSCLOSURE Of LOCAL OfFICER'S INTIERESl I, ~V'<A ti~J\.t.h.v<l ~ r ~ I hereby disc lose that on 41 V • u (•f II (a) A measure came or will come Jefore ~e ncy which (ch eck one or more) ~ ( 1 ,20 L!i: _ inured to my spe cial priv ate gain or loss; /t~ ' v' dt tl 'I I I f b I It .!.J.,i t 10 j'/>f9U~,'('t':A _ mure o 1e spec1a ga n or ass o my us ness assoc a e, ---titf..h+f---=-....:....;.~--=v=--lt~----_:_'--------, _ Inu red to th e special gain or loss of my relative,, __________________________ , lnu redtotl1 especlal ga~ or loss of ______ ~----------~---------~· by whom I am re tai ned; or Inured to th e spec ial ga in or loss of---------------------------, which Is th e pa rent su bsid iary, or s ibling organiza ti on or subsid iary of a prin cipal whi ch has retain ed me. (b) Th e meas ure before my agency and th e nature of my co nfli cting Interest In th e measure is as fo ll ows: ·-r-~o.ve ·-re~f-Lr r f\ If di sc lo sure of specific information would vio late confidentiality or privilege pursuant to law or rul es governing attorneys, a public officer, who Is also an attorney, may comply with the disclosure req uiremen ts of this sec tion by disclosing the nature of the Interest In suc h a way as to provide the public wi th notice of th e co nflict. Date Filed ~/11/ (~ NOTICE : UNDER PROVI SIONS OF F LORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DIS CLOS URE CONSTITUTES GROUNDS FOR AN D MAY BE PUNISHED BY ONE OR M O RE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A C IV IL PE NALTY NOT TO EXCEED $10,000. CE FORM 68 -EFF. 11 /20 13 PAG E2 Adopted by reference In Rul e 34·7.010(1)(f), F.A .C. AGENDA ITEM# lC SEPTEMBER 8, 2014 MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON JULY 28, 2014 PRESENT: Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark ALSO: Nelson VanLiere, Interim City Manager Rob Bradley, City Attorney Nancy Bailey, Recording Secretary ABSENT: Mayor Carolyn Woods Call to order. Mayor Pro Tern Beckenbach called the meeting to order at 6:32p.m. in the Commission Chamber. He explained the procedures for the Special Called meeting. 1. Courtesy of the Floor to Visitors Mayor Pro Tern Becken bach opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. He further stated if anyone wanted to discuss anything about the three ordinances below please feel free to do so. No one from the audience spoke so he closed the Courtesy of the Floor. 2. Action on Ordinances A. ORDINANCE NO. 80-14-85, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, CREATING ARTICLE V, RECLAIMED WATER SYSTEM, ADDING SECTION 22-365 CHARGES FOR RECLAIMED WATER SERVICE, PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tern Beckenbach read Ordinance No. 80-14-85 by title. He opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 80-14-85, as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 4-Beckenbach, Daugherty, Hill, Mark Nay: 0 MOTION CARRIED B. ORDINANCE NO. 80-14-86, Public Hearing and Final Reading AGENDA ITEM# lC SEPTEMBER 8, 2014 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. Mayor Pro Tern Beckenbach read Ordinance No. 80-14-86 by title. He opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 80-14-86, as read. Moved by Mark, Seconded by Daugherty Commissioner Hill stated he believes this is unnecessary. Votes: Aye: 3-Beckenbach, Daugherty, Mark Nay: 1-Hill MOTION CARRIED C. ORDINANCE NO. 20-14-127, Public Hearing and Final 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. Mayor Pro Tern Beckenbach read Ordinance No. 20-14-127 by title. He opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 20-14-127, as read. Moved by Mark, Seconded by Daugherty Votes: Aye: 4-Beckenbach, Daugherty, Hill, Mark Nay: 0 MOTION CARRIED Adjournment There being no further discussion by the City Commission, Mayor Pro Tern Beckenbach declared the meeting adjourned at 6:38p.m. ATTEST Donna L. Bartle, CMC City Clerk -2- Mark Beckenbach Mayor Pro Tern AGENDA ITEM# 1D SEPTE~B,ER 8, 2014 MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON JULY 28, 2014 City Commission Members present: Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark Staff present: Nelson VanLiere, City Manager Rob Bradley, City Attorney Nancy E. Bailey, Recording Secretary Absent: Mayor Carolyn Woods Call to order. The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of August 11, 2014, was called to order at 6:38p.m. by Mayor Pro Tern Beckenbach. He stated he would give the audience the opportunity to speak for 3 minutes and would start the meeting with the Courtesy of the Floor to Visitors. COURTESY OF THE FLOOR TO VISITORS John November, 647 Beach Avenue, stated he was speaking as a resident, as the attorney representing Reuben and Sara Bennett and as the co-founder of the Marsh Preservation Society with Maria Mark. He addressed the acquisition of 280 Camelia Street, stating it would provide an access to Tideviews Preserve. He stated he will be bringing this forward at the next Commission meeting. Donna Sasser, 2237 Oceanwalk Drive S., spoke against the Human Rights Ordinance (HRO). Sharon Krause, 4845 Plymouth St., Jacksonville, spoke against the HRO. Tricia Russell, 8720 CR 13 N., St. Augustine, spoke in support of the HRO. Charles Mann, 165 Arlington Rd., Jacksonville, spoke in opposition to the 512 Stewart St. site stating this is not bus storage but is a bus terminal. He stated this intensification of this industrial area is going to be a detriment to the growth of the area, to Dutton Island. and to the quality of life of the people who live in this area. He questioned whether this item will actually be before the Commission properly under the Zoning Code, which, under the Industrial Category, allows for auto storage not a bus terminal. He further discussed the Comp Plan stating this will be a negative impact. Chris Jorgensen, 92 W. 3rd St., spoke against the HRO. Dan Merkan, 3159 College St., Jacksonville, spoke in support of the HRO. Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO. Amanda Nowlin, 2802 Taylor Hill Dr., spoke in support of the HRO. Minutes -City Commission Workshop Page2 AGENDA ITEM # 1D SEPTEMBER 8, 2014 July 28, 2014 Steve Haerter, 106 19th Ave. S., Jacksonville Beach, spoke in support of the HRO. P. K. Drake, 4524 Attleboro, Jacksonville, spoke in support of the HRO. Diana Townsend, 266 Poinsettia St., spoke in support of the HRO. Tom Huber, 160 Sylvan Dr., spoke in support of the HRO. Wlyne Holleran, 238 Pine St., spoke in support of the HRO. Aryana Vonteese, 1780 Leon Rd. #2212, Jacksonville, spoke in support of the HRO. Matthew Fain, 1780 Leon Rd. #2212, Jacksonville, spoke in support of the HRO. Lori Armstrong, 411 Florida Blvd., Neptune Beach, spoke in support of the HRO. Debran Harmon, 611 Selva Lakes Circle, spoke in support of the HRO. James Eddy, 222 Lawton Ave., Jacksonville, spoke in support of the HRO. Wells Todd, 1761 Sea Oats, spoke in support ofthe HRO. Rosan Larizza, 721 Neptune Lane, spoke in support of the HRO. Ben Steffens, 1115 Main St., spoke against the HRO. Lyn Lazarus, 540 Hopkins St., spoke in support of the HRO. Marye Delaney, 110 Bowles St., Neptune Beach, spoke in support of the HRO. Lizz Procter, 382 Naugatuck Dr., was in support of the HRO. William Lyon, 1125 Main Street, stated they should let the citizens vote on the HRO. Richard Johnson, Jr., 857 Bonita Rd., spoke against the HRO. Blake Harper, 39 Sunbeam Rd., Jacksonville, spoke against the HRO. Atillio Cerquera, 36 W. 6th St., spoke in support of the Use-by-Exception for the school bus company on Stewart Street. Kathryn Layton, 114 8th St. Apt. C, spoke in support of the HRO. Marina Hodgini, 721 Neptune Ln., spoke in support of the HRO. Minutes-City Commission Workshop Page3 AGENDA ITEM# 1D SEPTEMBE;R 8, 2014 July 28, 2014 No one else from the audience spoke, so Mayor Pro Tern Beckenbach closed the Courtesy of the Floor to Visitors. *DISCUSSION OF AGENDA ITEMS ON JULY 14, 2014 COMMISSION MEETING: 1. A. B. C. D. Approve the minutes ofthe Regular Commission Meeting of July 14, 2014. Approve the minutes of the Workshop of June 23, 2014. Approve the minutes of the Special Workshop on Police Building of June 23, 2014. Approve the minutes ofthe Public Meetings of June 27, 2014. There was no discussion on this item. 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. There was no discussion on this item. 4. Consent Agenda A. Acknowledge receipt of the Building Department Monthly Activity Report and Monthly Financial Report for June 2014. B. Award the contract for annual Janitorial Services for City Facilities (Bid No. 1213-06) to Supreme Janitorial Service for one (1) additional year to expire on September 30, 2015. C. Declare this list of property, as surplus so that the items on it may be disposed of in the most beneficial way to the City. D. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on-line applications on behalf of the Mayor and the City. Mayor Pro Tern Beckenbach read the Consent Agenda and asked if anyone wanted to discuss any items on the Consent Agenda. Commissioner Hill pulled Item C. He stated he had not seen the list. He was shown the list and stated he had no issues with it. Commissioner Daugherty asked the City Manager what the current process was for auctioning the vehicles. Mr. VanLiere explained they use an on-line auction site. 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 14-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE NO. 15-14-14; AUTHORIZING THE ISSUANCE OF A NOT EXCEEDING $14,000,000 UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014; AUTHORIZING AWARD OF THE BONDS TO TD BANK, N.A. FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Beckenbach read Resolution No. 14-07 by title. There was no discussion on this item. Minutes-City Commission Workshop Page4 7. Action on Ordinances A. ORDINANCE N0.15-14-14, Public Hearing and Final Reading AGENDA ITEM# 1D SEPTEMBER 8, 2014 July 28, 2014 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15-95-7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED (THE "ORIGINAL ORDINANCE"); AUTHORIZING THE ISSUANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A-1 AND UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2010B; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BOND; PROVIDING FOR SALE OF THE BOND BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS FROM COMMERCIAL BANKS AND NEGOTIATIONS WITH THE SUCCESSFUL BIDDER; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN THE ORIGINAL ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Beckenbach read Ordinance No. 15-14-14 by title. There was no discussion on this item. B. ORDINANCE NO. 58-14-38, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-268, DISABILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Beckenbach read Ordinance No. 58-14-38 by title. Commissioner Hill asked if this would come before the Commission one more time, saying he would save his comments for that meeting. Commissioner Mark stated this was the time to discuss it if he has any issues, not at the voting meeting. She stated that is the point of having the workshop. Commissioner Hill stated he had no comment at this time. C. ORDINANCE NO. 58-14-39, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-307, DISABILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Beckenbach read Ordinance No. 58-14-39 by title. Commissioner Daugherty asked the City Manager what was the catalyst for these things coming about. Mr. Van Liere explained when they Minutes-City Commission Workshop PageS AGENDA ITEM# 1D SEPTEMBER 8, 2014 July 28, 2014 passed the new pension ordinance a few years ago, while they were in the process of passing, the IRS changed some glitch language, so this is an ordinance to fix all the glitches and reword some things to keep it compliant. D. ORDINANCE NO. 95-14-108, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES, TO PROHIBIT DISCRIMINATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Beckenbach read Ordinance No. 95-14-108 by title. Commissioner Hill stated he wanted to go on the record again stating there are some fundamental impossibilities about this ordinance that are still troublesome and he is surprised they are going to be able to pass it. He stated in the ordinance they ask citizens to actually tell a lie, in a sense, and that particular language is troublesome. He stated he doesn't know how to protect the group that needs the protection and still not ask citizens to tell a lie about the gender of something that they know. He stated the reason is that the gender issue still falls within the discretion of the person who is feeling that gender at a certain time and we really ought to try to address that so we don't get somebody caught in a trap on the gender side of things with the HRO they are looking at. He stated he would like to address some of that language with that HRO. Mayor Pro Tern Beckenbach asked Commissioner Hill to explain the gender issue a little bit further so he understands. Commissioner Hill stated the question is that an individual can claim, and rightfully so -he is not disputing their ability to say what gender they are feeling at that time because he wouldn't have any way to know that, but they put an individual in a position where they have to basically decide something that they know to be not true. He stated you cannot ask a person to tell a lie about something they know not to be true by the evidence they are given with their senses so they need to find a way to work that language a little bit more to give the protection that is needed, if that's important, but not force a citizen to commit to someone else's reality. He stated that is what they are talking about; a transgender person can claim to be female one day and male another, depending where they are in the process. He stated the individual in question would have no way to know and he doesn't believe they addressed that. He stated he would like to give the business owner or employee better guidance in that area and would like to ask legal to look at that specific issue and define how they might better know exactly what they are supposed to do. He stated right now it is in the discretion of the individual. He further stated they did get a pretty clear indication that our citizens would like to vote on this and he believes this should go to a straw ballot and he would like to go on the record saying that. Commissioner Mark stated this is still just so baffling. She stated she is sitting here listening to the same rhetoric that has been said by her colleague. She asked do they really think, one day I'm gay, the next day I'm not; one day I'm a lesbian, the next day I'm not. She stated that is clearly not the case; it is like her saying one day I'm born Korean, the next day I'm not. She stated it is not the case and you guys keep going back to that. She stated that is what they are basing their argument on; that is what they are basing their adversarial position on. She stated the medical scientific evidence has proven that is not true. She stated she was hoping our Commissioners would be better educated on this. She asked how many people have come up here and requested this go on a referendum; she believes they had three tonight. She stated if they had put the Civil Rights Act on a referendum, would it have passed. She stated when you are trying to give rights to a minority, you do not give the majority the right to vote. She stated the last poll that was taken in Atlantic Beach on whether they supported a Human Right Minutes -City Commission Workshop Page6 AGENDA ITEM# 1D SEPTEMBER 8, 2014 July 28, 2014 Ordinance, 85% of Atlantic Beach residents fully supported a Human Rights Ordinance. Discussion ensued. Commissioner Daugherty stated the issue is, is this a problem in Atlantic Beach and is there active discrimination against the LGBT community. He stated the answer is no. He stated there has not been one documented case that has come before the Commission of discrimination in Atlantic Beach. He stated in trying to protect the rights of the few, they are infringing on the rights of the many. He stated if the Commission wants to railroad it in on a 3-2 vote, go ahead; but if they want to stay true to what they claimed in their campaigns and hold true to democracy, let the people have their vote. Commissioner Hill asked if they were allowed to vote tonight on whether to take it to a ballot. City Attorney Bradley stated their traditions are that they do not vote at the workshop but it is not legally prohibited, so he is not going to tell him that they can't vote tonight. Commissioner Hill stated he would stick to tradition and not put it to a vote. He will bring it up at the next meeting because with the Mayor absent he would like it to be a complete dais. Mayor Pro Tern Beckenbach stated his feeling as far as discrimination is that it is wrong and he does not agree with it. He stated what he expects of his government is protection as a United States citizen and he believes every United States citizen should be equally not discriminated against and, therefore, he is in agreement with the ordinance. Discussion ensued. Commissioner Hill expressed a change he would like and Mayor Pro Tern Beckenbach asked that he bring the language back to the next meeting that he would feel comfortable to vote on and vote for within this ordinance. Commissioner Hill stated if given the opportunity to do so, he will. Commissioner Mark stated she objects to that. She stated Commissioner Hill has yet to provide any kind of solution to these issues he continues to bring up and he continues to say how bad a legislation this is. She stated this ordinance has been taken from other ordinances that have been passed within the State of Florida and has been crafted to fit Atlantic Beach. Discussion ensued. Mayor Pro Tern Beckenbach stated he would love to see what Commissioner Hill comes up with and to review it. He stated he can tell he has something in mind and he is always open to review what he has in mind and asked him to feel free to bring it back to the Commission the next time they meet. E. ORDINANCE NO. 5-14-61, Introduction and First Reading (Deferred on 7/14/14) 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. Mayor Pro Tern Beckenbach read Ordinance No. 5-14-61 by title. City Manager VanLiere explained the ordinance stating the primary objective is to allow City business to carry forward at a little bit more rapid pace and to provide more information to the public before those decisions are made, than was previously provided. He stated he believes the hybrid compromise that they came up with after previous discussions would work well and he would like to go forward with going back to two meetings per month. Commissioner Hill proposed scheduling workshops before both meetings. Mayor Pro Tern Beckenbach referred to Item 8C and stated, following his discussions with Mark Tomaski, he proposed to keep the original ordinance with a regular meeting and a scheduled workshop but have each workshop start with a brief voting meeting to address and approve consent Minutes -City Commission Workshop Page7 AGENDA ITEM# 1D SEPTEMBER 8, 2014 July 28,2014 agenda items. He stated other items such as resolutions, adoption of a change of an ordinance, or approval of use-by-exceptions would be discussed at the workshop and voted on at the regular meeting. Commissioner Mark asked if the schedule for receiving the agenda packets remain the same, with the Commission getting them the Wednesday before the scheduled workshop. Mr. Van Liere stated yes. Commissioner Mark clarified that the 10-day window proposed under the new scenario would not take place, giving only three days to look at what is coming up. Mr. Van Liere stated that is correct but with what Commissioner Beckenbach is suggesting, because they are going to workshop it first, they have those three days, but then they also have two more weeks before they vote on it. He stated there are two issues with this proposal; one being when you want to pass an ordinance. He stated they have two public hearings and it is designed to be read twice so it will take two months to pass an ordinance. Commissioner Beckenbach asked if that is problematic. Mr. Van Liere stated it depends on the ordinance. Commissioner Beckenbach stated then they could always have a special meeting for the ordinance as they did today. Discussion ensued. Commissioner Daugherty stated when they first changed the meetings they agreed they would do it for a period of time to see how it works. He stated staff has come back to them and stated it doesn't work. He stated they have had citizens who say it is prohibitive on a time perspective to get things done for their home or business. He stated there have been very few workshops that they have not had to have a special meeting before it because part of their job is to get things done. He stated he appreciates why this was done but the solution created more problems. He stated staff is trying to solve these problems. He stated he believes they need to listen to staff. Further discussion ensued. Commissioner Hill stated he is leaning toward giving it a shot but make special arrangements to keep the workshop a prominent piece of our government. He asked if it is possible to do a hybrid so that could happen. Mr. Van Liere stated his proposed hybrid takes the miscellaneous business items and prevents them from being passed in one meeting, which is the same thing Commissioner Hill is suggesting with the workshop. He stated rather than calling it a workshop they are just on the agenda as miscellaneous business and they come back in the second meeting as unfinished business where they would take action. He stated it accomplishes the same thing, they just aren't calling it a workshop. He stated the reason he shies away from calling it a workshop is because when the Clerk sits down to make the packet, now they have a workshop and a meeting agenda and they have to pick which things go in which piece; they are noticing two different kinds of meetings and it gets very confusing for citizens who want to know if that is an action item tonight or is that just a workshop item. He stated with the method he presented they would see the items under miscellaneous business and then they would vote for it under unfinished business at the next meeting. He stated what they get with this is that ordinance can go through in two meetings, because they are required to have two meetings with a public hearing, but it won't take two months, it would just take one. Discussion ensued. 8. Miscellaneous Business A. Public Hearing on Request for use-by-exception (UBEX-14-00100018) to allow the permanent storage of automobiles in the Light Industrial and Warehousing (LIW) Zoning District located at 512 Stewart Street. Building and Zoning Director Jeremy Hubsch explained the use-by-exception showing slides of the use- by-exception including some examples and allowable uses. He also presented slides of an aerial map of the site, a rendering of the proposed use of the site, pictures of the property, an aerial of their current location in Jacksonville Beach, examples of traffic stacking, time schedules, and a list of schools the buses will be serving. Minutes-City Commission Workshop Page 8 AGENDA ITEM# 1D SEPTEMBER 8, 2014 July 28, 2014 Chris Engels, 340 Lee Rd., representative from STA, answered questions from the Commission. Mr. Hubsch explained the Community Development Board voted 6-0 to recommend denial at their June 15 meeting but there have been several changes to the request since the vote. Commissioner Hill questioned why this was a use-by-exception, stating he read it clearly to be an allowed usable function on that site because they are not permanently storing but are operating a business out ofthere. He asked if the City Attorney agreed that it is still a use-by-exception. Discussion ensued. City Attorney Bradley stated the question is what is the legislative body trying to accomplish by placing this language in here and saying you have to go through one's process, so you don't get it by right because you want to talk to the surrounding neighborhood. Atillio Cerquera, owner of the property, stated he thought they actually misapplied originally and wrote a letter to Mr. Hubsch, asking that he forward it to the Commission, stating they did misapply; they wanted to be a bus contractor that would store vehicles like, for instance, a plumbing or air conditioning contractor that would store 20-60 vans; any contractor that would be allowable in that type of intensity is how he felt as a contractor. He stated it just says contractor and he believes when Ms. Engels came to apply, she just misunderstood. He stated to be guided would be helpful and that is what he is trying to have the Commission help them with. He stated to have viable quality service businesses in the area that would provide employment in the area is what he is trying to also help with, including his ability to rent the property. Mr. Bradley stated he understands that was communicated and nothing he said should have been interpreted as saying that his firm was not aware of how he would have like to have had this characterized. Mr. Cerquera stated he is asking to reapply. Mr. Bradley stated whether another application was filed or not was not the issue; the issue was what was happening on the ground. He stated it was explained exactly as what he has heard tonight and everything they have heard thus far as to what they are doing. He stated there is no misunderstanding on the part of the law firm as to what they are intending to do with the property; there is no misunderstanding as to what the language is in the ordinance. He stated there certainly is reasonable cause to have people talk about these things because, as the Commissioner points out, there is not a definition beyond permanent storage under terms to be defined. He stated they are aware of his position and what they are attempting to do. Commissioner Hill asked what were the grounds for not allowing them to reapply. Mr. Hubsch stated, although he does not want to speak for Mr. Komando, he believes he said they were not the same as the other contractors. Mr. Bradley stated that was his point. Mr. Hubsch stated, as Mr. Bradley said, not having it defined. He stated they have a definition section in our zoning code and if there is a gray issue they go to that definition and they see that it is black and white. He stated that one isn't defined. He stated a simple fix would be, if the Commission believes it doesn't meet that criteria, they could approve the use- by-exception and direct staff to define what permanent storage is and then they won't have this issue. He stated there is a lot of ambiguity and a lot of gray areas in the zoning code. Mr. Bradley stated if the desire of the Commission is to get this person to be able to move forward with whatever conditions may or may not be reasonable, then that can be accomplished at the next meeting. He stated if the fuller desire is to make this type of business into a use-by-right rather than by exception then they will assist them in making that clear so that will never happen again. Discussion ensued regarding traffic impacts. Chief Classey stated DOT would need to be the one to provide an opinion on Mayport Road because it is a State route. He stated they will have the traffic count information, light cycle information and will be the ones to make any decision on changes for Minutes-City Commission Workshop Page9 AGENDA ITEM# 1D SE~TEMBER 8, 2014 July 28, 2014 light cycle. He stated, in his experience in dealing with them, their primary goal and function when dealing with an intersection with a State route is to keep the traffic on the State route going. He stated any secondary roadway traffic from Dutton Island or Levy will become very second nature to them and less of a priority to clear that out. He pointed out that there are no sidewalks on Main Street; the City tried to put them in years back but the residents revolted because it would take too much of their front yard because of the short setbacks off the roadways. He further stated one potential he could see on Mayport Road is that if, during those peak times when those buses are coming back in, you have enough buses heading north on Mayport Road to make the left either onto Dutton Island or Levy and you back up that entire left tum lane, you are forcing traffic in the left straight lane to stop or to make last minute lane changes which could create a situation. He stated the only other observation he would make is that the buses coming out with the short time cycle on Dutton Island and Levy Roads, the Commission could receive complaints from area residents over the delays in getting out of their neighborhoods during those peak times. Discussion ensued. Brea Paul, Chair of the Community Development Board, answered questions from the Commission. Further discussion ensued. B. Public Hearing on Request for use-by-exception (UBEX-14-00100019) to allow limited wholesale operations in the Commercial General (CG) Zoning District located at 1175 Atlantic Boulevard. Mr. Hubsch explained the use-by-exception showing slides of the aerial of the property and the site plan. He answered questions from the Commission. Tracey Westbrook, 1560 Selva Marina Drive, owner of Atlantic Beach Urban Farms, explained the entrances and exits to the property and the proposed operation and answered questions from the Commission. C. Proposed amendment to Section 2-16. Time and place of regular meetings and scheduled workshops. This item was taken out of sequence and acted on earlier in the meeting. D. Request to amend Section 24-84 of the City Code of Ordinances related to Through Lots. Mr. Hubsch gave a summary of the proposed request to amend the ordinance and showed slides of the through lots. He stated when this came before the Commission previously, he explained what he believes his predecessor intended. He stated there was some ambiguity in how it was presented and how it was interpreted by the Commission and the Community Development Board and explained the Code that was actually implemented which states that all lots between those streets are treated like all through lots and must have two front yards with a 20' front yard setback on each property. He stated the way our Codes are written they say you cannot have detached garages, pools or any accessory structure such as a pergola in the front yard. He explained the reason this is coming back before the Commission is because there are three people that this has affected already. He answered questions from the Commission. Discussion ensued. Brea Paul answered questions from the Commission and stated the Board will be discussing an overlay district and explained what an overlay district is. Commissioner Hill asked her if this is coming back to the Commission for them to figure out what to do, or is the Minutes -City Commission Workshop Page 10 AGENDA ITEM# 1D SEPTEMBER 8, 2014 July 28, 2014 Board going to give a recommendation. Ms. Paul state they are going to give the Commission a recommendation and they may decide they don't want a special overlay district, which will probably take two or three months of discussion. She stated they have had two items that they deferred to their meeting for next month, pending clarification from the Commission. She stated they want to know if it is the Commission's intent to alter the Code so it removes the double front yard setback, which does decrease the buildable area. She stated if it is for the garage apartment, it is 15' they are talking where they can have it in their setback and the garage line they have now. She encouraged them to come to a consensus if that is something they would like to change and as a Board they would gladly make them a recommendation again, but they, as a Board, wanted to see where they were going. She stated they try very hard not to just hand out exceptions or variances willy nilly because if they are giving everybody a variance, what's the point in having a variance; they might as well make it the rule. Mr. Hubsch stated he would like to get an idea from the Commission where they lean on this if it comes before them again because they have applicants who have applied for zoning variances and they are waiting. Discussion ensued. City Manager Van Liere stated when they changed the code to what it is now, the request was that they would be able to pick their front yard, whether it was Ocean or Beach. He stated what he is understanding now is that it wasn't one or the other; they gave them two front yards. He stated the difference between a front yard and a back yard setback is 15 ', which is the width of your swimming pool, so they really created 15' ofunbuildable lot by requiring them to have 20' on the front and 20' on the back. Mr. Hubsch explained, no, it's a 20' setback on the front yard and back yard, it's when you limit the ability to do the detached garage that you limit their total buildable area. Mr. VanLiere stated the whole discussion about if you can push the garage closer to the street, then you have room to put a pool in, but with two front yards, so to speak; you just can't do that. Mr. Hubsch stated our code related to pools specifically says that the pool cannot be located in the front yard, which means the pool has to be behind the front of the house, which ultimately means if you want to build a pool on these lots it has to be in the side yard. He stated you will have people building longer, narrow houses to be able to fit a pool on the side yard and it will create all kinds of design constraints. Mr. Hubsch answered questions from the Commission. Discussion ensued. It was consensus of the Commission to readdress this issue. 9. City Manager A. City Manager's Report. • 90-Day Calendar (August-October 2014) Mr. VanLiere explained the calendar, reminding the Commission that there is a workshop before the next meeting on August 11 at 5:00p.m. to discuss the Police building. He also stated October 2 will the Committee and Board Member appreciation reception at 6:30. He stated the next Town Hall meeting is Saturday, October 18 at 10:00 in the Chamber. 10. Reports and/or requests from City Commissioners and City Attorney There was no discussion on this item. COURTESY OF THE FLOOR TO VISITORS Mayor Pro Tern Beckenbach opened the Courtesy of the Floor to Visitors, stating he would allow 2 minutes per person speaking. Minutes -City Commission Workshop Page 11 AGENDA ITEM# 1D SEPTEMBER 8, 2014 July 28, Z014 Alison Hillis, 380 5th Street, addressed 152 3rd Street stating as far as the perspective of conformity goes, on Beach Avenue if you live on the ocean, you can only have your garage on Beach Avenue because you don't have a choice. She stated on Ocean Blvd., if you live on the west side of Ocean Blvd., there are no through lots so all of the garages are on Ocean Blvd. She stated on the east side of Ocean Blvd. you have the option because you have a through lot. She stated there is no conformity because each side of Ocean Blvd. is different and each side of Beach Ave. is different. She stated she just wanted to point out that conformity may not be the best way to go because she doesn't believe there is any conformity. Andy Pitler, 277 Beach Ave., he stated he also owns 290 Beach Ave. which is the adjacent lot next to Ms. Hillis' lot. He stated he welcomes the Commission further delving into this issue and would like to make his self and his property available as a walkthrough because they are perfect examples of a convergence of things that are making this more awkward than it needs to be. He stated as he recollects, the code change was made because it seemed to make sense that you could pick or choose Beach or Ocean, but what got codified was the requirement to have the front yard setback on both. He stated that did limit in several ways the ability to build the same square footage in terms of being able to have a building on Beach and a building on Ocean with some space in between. He stated his lot and the Hillis lot are perfect examples of that. He stated he would like to have things expedited as best they can because several people have significant dollars tied up and are trying to get plans moving forward. He stated whatever they can do to help the process through involvement, etc. they will be more than happy to play whatever role they can. Chris Jorgensen, 92 W. 3rd St., addressed Item 8B, stating the proposed business is next to his house and he thinks it is fantastic. He stated he can't conceive of any traffic problem. Julia Sanford, 199 Beach Ave., architect working with some of the people on Beach Ave., spoke in support of an either/or decision because it would preserve some of the beautiful old historic homes and not make them be tom down and have some big and new built in the middle. William Lyon, 1125 Main St., stated he lives down the street from the property proposed for the busses and spoke in favor of the business. He stated the concerns they have about traffic signals could be easily remedied. He stated he welcomes the business. Adjournment There being no further discussion by the City Commission, Mayor Pro Tern Beckenbach declared the meeting adjourned at 10:03 p.m. Donna L. Bartle, CMC City Clerk Mark Beckenbach Mayor Pro Tern *Formal action (if needed) will be taken at the Commission Meeting of August 11, 2014. AGENDA ITEM# IE SEPTEMBER 8, 2014 MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS ON WEDNESDAY, AUGUST 13, 2014 AT 5:00PM. City Commission Members present: Carolyn Woods, Mayor Mark Beckenbach, Mayor Pro Tern Jonathan Daugherty, Commissioner Maria Mark, Commissioner Staff present: Nelson VanLiere, City Manager/Finance Director Donna Kaluzniak, Public Utilities Director Doug Layton, Public Works Director Rick Carper, Deputy Public Works Director Cathy Berry, Human Resource Director Keith Randich, IT Director Jeri Benjamin, Deputy Finance Director Donna L. Bartle, City Clerk ABSENT: Jimmy Hill, Commissioner The meeting was called to order at 5:02p.m. by Mayor Woods. Courtesy of the Floor to Visitors was taken out of sequence and acted on at this time. The following spoke in favor of the Bennett's Landing proposal as proposed by John November. Jeff Montanye, 334 11th Street, spoke in support of the property becoming a park. Jeff White, 1908 Sea Oats, stated that property would be a huge addition to the neighborhood. Catherine Sullivan, 830 Begonia St., stated it would be a great addition to the Tideviews Park. Brittany Norris, 1304 Main St., stated she is for setting aside the amazing eco system over there. JJ Neal, 260 Camelia Street, very interested in having the park there and supports saving land for our wildlife. Judith Causey, 276 Camelia St., stated it would be a lovely tribute to the Bennetts. Thomas Charles Feagle, 265 Main St., stated he was very much in favor of improving this area and having the children be able to go there to observe nature and to be able to observe the sunsets there. Gail Meade, 265 Camelia Street, stated she is very much behind this project because she wants to see land set aside for future generations and the wildlife. John November gave a presentation on his proposal (which is attached and made part of this Official Record as Attachment A) to acquire the marsh front property (Bennett's Landing) which is adjacent to Tideviews Preserve at 280 Camelia Street stating he believes the City needs to take the next steps to make Tideviews a premier park. He stated to have an entrance in the middle of the community would make it feel much more accessible and a part of the Marsh Oaks community. He showed slides of the property. He stated if they don't put this project in the budget for the year 2014-2015, this land will be lost to development. He stated he was asking that they earmark money for the purchase and improvement of this property. He stated the non-improved portion of this property is appraised for $115,000 but he believes the entire property will likely be more than that. He stated it will be the bank's appraisal that drives the purchase price of this acquisition and that appraisal has not happened yet. He Minutes -City Commission Budget Workshop Page2 August 13,2014 stated in order to have that opportunity to have some leeway, he is asking that they set aside a little more than $115,000. He stated he hopes that they set aside the money for this project and take advantage of this great community support that they have gotten for this project. Former Mayor Suzanne Shaughnessy, 168 Oceanwalk Dr. S., quoted Dezmond Waters, stating the land isn't getting cheaper and they aren't making any more of it; there aren't any more large parcels left on the island so when the land comes up for sale if it is reasonable buy it because it increases the quality of life for everyone who lives near it and for people all over the City; the east side has lots of parks but there has been a need for parks on the Westside for quite some time and she believes this would go a long way to improve that situation; this would be a passive park without the future cost of an active park. She stated she believes this is a good thing for the City. John November answered questions from the Commission regarding his proposal. Discussion ensued. Chris Jorgensen, 92 W. 3rd Street, referred to the map shown by Mr. November stating it has a good access point to the water for his canoe. Mitch Reeves, 1663 Sea Oats Dr., discussed tax roll-back stating it is a form of a tax increase, stating he hopes they work this out that the millage rate for the taxpayers goes down and not up. He stated he would like to see where the reserves are for all the individual accounts; what it was last year and what it is currently this year. Mayor Woods stated that information is always in the budget. He stated he hopes that the 25% or more is there because it is very important to our City. He stated he knows they have always done their best but he would like to see some way they can get our tax down and not have a roll- back. Mayor Woods stated she wanted to clarify some things Mr. Reeves brought up; they do have a 25% contingency as required and the budget does have all of the individual contingency amounts for each fund and the total amount. Introduction Budget Overview (Handout: Annual Operating Budget 2015 Proposed, which is attached and made part of this Official Record as Attachment B) City Manager Nelson VanLiere gave an overview of what he plans to cover tonight as well as the items on the next meeting of August 20, as follows: Agenda August 13, 2014 • Budget Policy • Strategic Priorities • Revenue Overview • Expense Overview • Public Works • Public Utilities August 20, 2014 • Commission and Administration • General Government • Recreation and Events • Public Safety Minutes -City Commission Budget Workshop Page3 • Building, Planning and Zoning Introduction August 13,2014 • An Annual Operating Budget is one of the City's most important work products that a City Manager is tasked with. • This document gives the City Officials the authority to collect revenues and pay the expenses. • It allocates the resources among departments in line with the Commission's priorities and policies by setting limits on how much each department can spend. Review of Strategic Priorities Mr. VanLiere explained they didn't have the formal strategic planning session like they did a year ago because the strategic goals they have are long-term goals and he believes with an incoming Commission to do that maybe every two years would be a better process. He stated, as they will see, everything that was on the list last year is still on the list. He stated the following are the goals that were approved a year ago. Strategic Priorities Summary • Tipping Fees-Settlement offer made, now waiting on a response from Jacksonville. • Golf Course -ABCC under construction with re-use water supplied by Atlantic Beach. • Recruitment and Retention of Staff-We have had a 20% turnover in staff since October 1, 2013. • Police Building -Consultant delivered report on 8/11 and if everybody agrees with the consultants they can go forward with that project. • Marsh Master Plan Improvements -Mr. Van Liere stated they changed the scope of the consultant to have them look at just Dutton Island Rd. instead of the path between the two locations and they are working on that. He stated there are three projects in the Marsh Master Plan: the kayak launch and the two overlooks that are funded for next year with FIND money that look like they are a go. • Mayport Road Corridor/Marsh Oaks Neighborhoods-As a project, there weren't a lot tasks associated with this goal. After turnover, we now are staffed with the appropriate individuals to focus on this. Jeremy Hubsch has information on a grant he is working on to help out. • Parks Planning -They have finished Rose Park; we have a new dog park; the Marsh Master Plan projects are coming; and there are a couple of new sidewalk projects. He stated there has been a lot maintenance that has been neglected on our existing parks, especially in Russell Park, that they are starting to repair/replace with funds in this budget. Discussion ensued about possible soccer fields. • New Sidewalks • Incentives for Economic Development -Discussed putting aside some funds for economic development by designating a piece of our fund balance to be used when the opportunity comes and a program is identified rather than making an appropriation in this year's budget. He stated specific tasks are vague in this area and he is not sure what the Commission expected to happen on this Strategic Goal. Discussion ensued about a Community Redevelopment Area (CRA). • Storm Water Master Plan Projects • Identifying City Boundaries-Public Works Director Doug Layton stated the signs have been ordered and the proofs have been approved and they are waiting for the DOT permit to put them Ill. Budget Policy Goals Minutes-City Commission Budget Workshop Page4 August 13, 2014 Mr. VanLiere stated he created this budget with the Budget Policy they have in place, stating these are the things that are in every budget they produce unless told not to do something. He stated there is a 25% operating reserve, which is a Commission self-designated and not a requirement. He stated all authorized positions are fully funded and the policy calls for a 3% merit pay increase, which is in the budget. He stated they have ten-year projections on all the major funds so they can see that what they are doing now will carry us forward in the future. He stated the Pension Trust Funds are funded per the Actuary, which is required. The Capital Items that are in the budget are those needed to do the current level of service plus the items already discussed. He stated he did not make a list of the things that aren't in the budget, but funded what he thought the Commission wanted. He stated the budget is balanced and it is the current millage rate. Revenue Overview Mr. VanLiere showed slides ofthe Proposed Total Revenues by Fund-2015, as follows: General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Enterprise Funds Trust Funds Total Revenues $11,311,092 1,428,149 0 230,000 11,686,252 3,568,124 $28,223,617 He showed a slide of the Revenue in Summary, as follows: Property Taxes State Shared Revenues Transfers Utility Rates Sanitation Rates Storm Water Fees Permit Fees User Fees Grants Millage the same at 3.3285 Estimate at $109,000 increase Reduced No Water I Sewer Rate Increase No Garbage Rate Increase No Increase No Permit Fee Increase No Increase As approved Mr. Van Liere stated they should start delivering the recycling carts on August 25, which will be announced in the Beaches Leader on Thursday August 21. Expenses He showed a slide of the Total Expenditures by Fund, as follows: General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Enterprise Funds Trust Funds Total Expenses $11,269,427 1,809,207 0 2,925,000 12,870,935 1,710,919 $30,585,488 Minutes-City Commission Budget Workshop PageS August 13,2014 He showed a slide of the Resource Allocation which breaks down the expense total by how it is spent, as follows: Personnel Services Operating Expenses Capital Outlay Debt Service Transfers $9,278,006 10,678,751 6,682,986 2,147,535 1,348,210 Total Expenses $30,585,488 He showed a slide "Schedule of Available Cash Balances" stating it shows the estimated reserve balances. He explained the chart to the Commission, stating there is well over $5 million in the general fund, which is very healthy. He explained the slide on Personnel Services Summary, as follows, stating there has been a lot of turnover and moving positions around. • Net increase of Yz an employee • Organizational changes in almost all departments • Raises of 3% merit with 1% C.O.L.A. adjustment to pay plan. 1% more to Police officers to off-set increased pension contributions • Raises cost $192,293 city wide ~ $64,097 per 1% • Without raises, we would have a slight decrease in total payroll from reorganizations and turnover off-setting the increases in Health Insurance and the added employee. • Pension cost is down about $95,000. He further explained the slide on Operating Costs as follows: • Contractual Increase in the Fire I Rescue contract of 3% • Sanitation cost negotiated to stay the same for residential but increase for commercial tipping fees. • Maintenance Costs for the Fleet is relatively the same • Pension cost in benefits paid indicates a large decrease primarily due to an unusually large payout in the current year. He explained the highlights of the Capital Improvements as follows: • Seminole Road Streetscape $1,600,000 ($700,000 of this was to replace a waterline) • Police Building $2,600,000 • Marsh Master Plan $ 325,000 (partially funded with FIND money) • Saltair Drainage & Sidewalks $ 380,000 • Replace Effluent Outfall Line $ 320,000 • Russell Park Improvements $ 250,000 • Water Main at AlA & Mallard Cove $ 120,000 • Francis Street Improvements-CDBG $ 91,386 • Bull Park Playground Equipment $ 75,000 • Bennett's Landing $ 200,000 (stated this is not in the budget) He explained the following Equipment Purchases that will be discussed by the Department Heads. • Phone System $102,500 • Server and Network Equipment $ 68,000 • Laptop Computer Rep-Police $ 32,500 • Police In-Car Video Equipment $ 20,000 • Three Police Cars Equipped $120,000 Minutes-City Commission Budget Workshop Page6 • Mowers • Small Utility Vehicle for park access • Meter Reader Truck • Lift Station Maint. Truck & Crane • Truck Replacement for Sewer Division • Compact Excavator August 13,2014 $ 25,000 $ 19,000 $ 20,000 $ 45,000 $ 25,000 $ 60,000 Mr. Van Liere explained the General Fund Revenue Diversification, the Ad Valorem Assessment Rolls giving an explanation of the roll-back rate, the 2014 Total Proposed Millages, Office of the Property Appraiser Proposed 2014 Millages, General Fund Expense Distribution, General Fund Total Revenues by Type and Total Expenses, and the General Fund showing slides of each. He answered questions from the Commission. Discussion ensued. Departmental Presentations: Public Works (Handout: Public Works Budget FY 2014-2015, which is attached and made part of this Official Record as Attachment C) Director of Public Works Doug Layton showed a slide of what Public Works does, including streets & R.O.W. Maintenance, building maintenance, parks maintenance and beautification, stormwater, fleet maintenance and sanitation. He also showed a slide of the Public Works Organizational Chart. He and Rick Carper answered questions from the Commission. Mr. Layton explained primary responsibilities of Public Works including, streets, rights of way, parks, city buildings, stormwater, sanitation and fleet maintenance; State permits: NPDES I MS4, stormwater treatment, fuel systems; and Commercial and Residential Plan Reviews, including R.O.W. permits and storm water utility fee calculations (commercial). He further stated Public Works is combining with Public Utilities in FY 14-15, when Donna Kaluzniak retires in March. He showed a slide of the facilities maintained by Public Works including the following: 55 Miles of Paved Streets and Rights of Way; 54 City Buildings (25 are lift stations); 6 Stormwater Treatment Ponds; 27 Miles of Stormwater Pipe; Over 1440 Stormwater Structures; 110,000 LF of Stormwater Ditches and Swales; 1 Stormwater Pump Station (shared with NB); 104,000 LF of Sidewalk & 8' Multi- Purpose Paths; 15 Parks (6 Active, 6 Passive, 3 Preserves) plus 1.6 Miles ofBeach. Mr. Layton explained the Public Works total budget showing a slide of the funds, 2013-2014 Estimate and 2014-2015 Budget. Mr. Van Liere further pointed out that a lot of the Public Works street maintenance crews are also the storm water utility guys and their salary is allocated between the two. Showing a slide on the General Fund, Mr. Layton explained the responsibilities of Public Works Admin, Streets and Maintenance, Parks, Building and Fleet Maintenance. He gave detail of the major capital items for FY14-15 and the budget requested. Discussion ensued. He also showed slides of Dutton Island North Kayak Launch, Dutton Island Fishing Pier/Overlook, and the W. 6th Street Fishing Pier/Overlook, stating these are currently in our FIND grant, in our Core of Engineers permit and are what is in the current budget. He stated they expect the Core of Engineers permit in the next 30-60 days, approval of the FIND grant in the next 30-60 days and have asked the Minutes-City Commission Budget Workshop Page7 August 13,2014 consultant to finish the design for the Kayak Launch by September 15, so it can be reviewed and ready to bid in October. Discussion ensued regarding the Fishing Pier/Overlook on Dutton Island. Mr. Layton explained the Gas Tax Resurfacing Program, showing a slide with the FY 14/15 -$300,000 budget proposed (augmented from Half Cent Sales Tax); the Overall Condition Index (OCI) -73.6 (Very Good) (20 13 score); and stating the current year paving is completed. He also showed a slide of the Street Resurfacing Since 2005 and the Pavement Management Chart showing the streets to be paved during 2014-2015. Mr. Layton showed a slide of the combined Public Works Organizational Chart, stating as they move to combine the departments there will be a Deputy Director for Public Works and a Deputy Director for Public Utilities. Mr. VanLiere showed slides on the ten-year plan for Storm Water Utility, Gas Tax Fund, and Sanitation Fund, explaining each. Public Utilities (Handout: Public Utilities Budget FY 15, which is attached and made part of this Official Record as Attachment D) Public Utilities Director Donna Kaluzniak explained their primary responsibilities are to protect the public health and environment by compliance with all the local, state and federal regulations, including the water supply, treatment, and distribution; the wastewater collection and treatment; and the reclaimed water treatment and distribution. She showed a slide of the Facilities-Inside and Outside City Service Area which include: 1 Wastewater Treatment Plant 4 Water Treatment Plants 30 Lift Stations 1 Stormwater Pump Station 104 Miles of Water Main 68 Miles of Gravity Sewer 28 Miles of Outfall & Force Main 3 Miles of Reclaimed Water Main ~8,200 Water services and meters ~8, 100 Sewer services 180 Reclaimed water services and meters She also showed a map of the Atlantic Beach Utility Service Area and slides on the Public Utilities Flow Data, and the Public Utilities Staffing Chart FY15 stating the Meter Readers will be under Utilities rather than the Finance Department. She showed a chart of her Proposed Budget, and slides of the Resource Allocation, Major Funding Sources, Water Capital Items for FY15, Sewer Capital Items for FY15, explaining each. She answered questions from the Commission. She explained the Major Items in 10-Year CIP, including Jockey Pump for Water Plant #1; replace 2 small wells at Water Plant #4 with 1 larger well; update Water Model in FY15 to determine if Water Plant #4 needs replacement or other options; continue replacing undersized, deteriorated or AC water mains; and continue sewer rehabilitation. Minutes-City Commission Budget Workshop PageS August 13,2014 She explained the current issues, stating they have finished with Phase I (Temporary Facilities) of the Reclaimed Water Facility and are sending water to the Golf Course. She stated Phase II (Permanent Facilities) is under construction and on schedule. She showed a slide of the Hydropneumatic Tank, which will keep pressure in the system. She also showed slides of the new wetwells that were installed and the new electrical building. She answered questions from the Commission. Mr. VanLiere showed the chart of the ten-year plan for Public Utilities. Discussion ensued. Other Items Answering a question from Commissioner Mark regarding merging the departments, Mr. Layton explained it will be completed by the time Ms. Kaluzniak leaves in March 2015, but starting October 1, he will be getting more into her department. He stated Rick Carper will be here at least through the end of the calendar year as part-time help. Commissioner Daugherty asked Mr. Layton, since they are putting all their eggs in one basked, if he has a plan to replace himself should anything happen to him. Mr. Layton stated there will be two deputies hired and the idea would be for one of them to take over when he retires. Mr. Van Liere stated the people Ms. Kaluzniak has running the plant right now and their operators know how to run that plant and could get you through a good stretch of time while you found someone to replace him. He stated, also, there is a company that you can contract with to hire operators to come run the plant if they have to. Mayor Woods stated she has noticed some of the shrubbery in the medians along Atlantic Blvd. needs replacing. Mr. Layton stated they are asking the landscaping people about that right now. Mayor Woods discussed getting shelters for the bus stops and for the transfer station. She stated when they set aside some money for improving Mayport Corridor, bus stops may be a good start. Discussion ensued about whether to have the City buy them or to allow JTA to put them in with the advertising on them. Courtesy of the Floor to Visitors This item was taken out of sequence and acted on earlier in the meeting. There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 8:10p.m. Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor AGENDA ITEM# IE SEPTEM BER 8, 20 14 ATTACHMENT A The Conservation Acquisition of Bennett's Landing Local conservationists h ave begun an initiative to gain support from the City of Atlantic Beach for the conservation acqu isitio n of a marsh front property (Bennett's Landing) that s its directly adjacent to Tideviews Preserve at 280 Cameli a Street, Atlantic Beach Fl 32233. This property will not only provide a new entrance to Tideviews Preserve for local ci t izens but it will a lso create a passive pocket park in the Marsh Oaks neighborhood. In light of the fact that Atlantic Beach is over 99% built out and this land is one of the last remaining marsh front properties that has yet to be developed, it is imperative that our community come together to conserve this unique c r eek front property. After the conservation acquis ition of the property, l ocal donors have already agreed to pay for native landscaping on the property that may include fruit trees a nd a butterfly garden. It is possible that if this property is not purchased in the next year, this property will be lost to development forever. The citizens of Atlantic Beach ask that the City of Atlantic Beach Comm ission include the p ubli c acquisition of Bennett's Landing in the 2014·-2015 City of Atlantic Beach Budget. 0 1<40 0 0 Subj ect 0 0 AG ENDA ITEM 11 IE SE PTEMB E R 8, 201 4 ! 1 i 0 : l .... 0 0 0 L-------------~8 ~7--- > v ' 170862 0000 280 ."""""'_ ....... ;~ : ! 2 67 ~""'- i 2 6$ c 259 i 276 272 : ------!q_~--~-~ : : 257 : 11--: ! 1 41 1, _____ _ •.____ I 266 j TAX LOCATION MAP (SUBEJ CT PROPER TY OUTLINED I N DARK RED) MOODY t\l'l'I.{AISAL II AGENDA ITEM # I E SEPTEJ\1~E R 8, 2014 AGENDA ITEM# I E SEPTEMIJE il8, 20 14 SITE DESCRIPTION AGENDA ITEM# lE SEPTEMBER 8, 2014 Location: The subject property is located at the south west corner of Camelia Street and 3rd St. W. in Atlantic Beach, Duval County, Florida 32233 Address: Camelia Street Zoning/Land Use: ARG-lA (Atlantic Residential Single & Two Family) Size: 13,840 ±square feet (gross) or .32± acres (gross) Shape: irregular Topography: Even, above & below rd grade Vegetation: A mixture of Wax myrtle, evergreen cedar, live oak, palm trees, palmetto, mulberry, guava, ligustrum, sycamore and salt water marsh grass Easements/Encroachments: None noted. Retention: None Frontage: 70' on Camelia Street Access: Street access good; water access for the subject property appears to be good during high tides once Atlantic Beach Public Works completes drainage improvements. Flood Map: 1200750001D, dated April14, 1989 Zone: AE,X. Utilities: Water and Sewer: None connected to the site but in the vicinity. Telephone: None connected to the site but in the vicinity. Electrical Service: None connected to the site but in the vicinity. Police and Fire Protection: Duval County Availability: Water and power utilities are available along Camelia Street. Real Estate Parcel Nos.: 170862-0000 Combined Assessed Value (2012): Combined-2012 $94,921 Combined Real Estate Tax (2012): Combined-$1,000.32 MOODY APPRAISAL 9 VIEW OF SALTWATER MARSH LOOKING WEST CLOSER VIEW OF SUBJECT BULKHEAD AT LOW TIDE MOODY Al'PHAISAL 14 AGENDA ITEM II I E SEPTEMIJER 8, 2014 Mr. John November, Esq January 20, 2013 Page Two AGENDA ITEM# lE SEPTEMBER 8, 2014 This appraisal assignment was not made, nor was the appraisal rendered on the basis of a requested minimum valuation, specific valuation, or an amount that would result in approval of a loan. The highest and best use analysis of the subject property and the valuation estimates contained in this report are subject to the legal limitations of the land use identified herein. Furthermore, unless otherwise stated, it is assumed that the subject conforms to current zoning and land use requirements and complies with the Comprehensive Land Planning Act of Duval County. Subject to the assumptions and limiting conditions and definition of market value as set forth in this summary appraisal report, it is my opinion the market value of the fee simple interest of the property legally descdbed, as of February 20,2013 is as follows: ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($115,000) Thank you for the opportunity to have been of service to you in this matter. Respectfully submitted, MOODY APPRAISAL Carl E. Moody State-Certified General Real Estate Appraiser RZ 1417 Camelia Street No other appraiser rendered assistance 2022 MARYE BRANT LOOPS., NEPTUNE BEACH, FLORIDA 32266 TELEPHONE: 904/634-4741 FAX TELEPHONE: 904/270-1385 Agenda • August 13, 2014 • Budget Policy • Strategic Priorities • Revenue Overview • Expense Overview • Public Works • Public Utilities AITACHMENT B • August 20, 2014 • Commiss ion and Administration • General Government • Recreation and Events • Public Safety • Building, P lanning and Zoning 8/13/2014 AGENDA ITEM # 1 E SEPTEMBER 8, 2014 1 -~~~~~~~~ Introduction • An Annual Operating Budget is one of the City's most important work products that a City Manager is tasked with. • Th is document gives t he City Officials the authority to co ll ect revenues and pay the expenses. • It allocates the resources among departments in li ne with the Commission's priorities and poli cies by setting limits on how much each department can spend. Strategic Priorities Summary • Tipping Fees -Settlement offer made, now waiting a response from Jacksonville. • Golf Course -ABCC under construction with re-use water supplied by Atlantic Beach. • Recruitment and Retention of Staff-Numerous positions turned ovee and reorgani zed • Police Building -Cons u ltant del ivered report on 8/n indicating we can move forward at t he existing site. • Marsh Master Plan Improvements -Pl an is undergoing a scope change as the origina l plans have met oppos ition . ACENOA ITEM# I E SEPTEMBER 8, 20 14 8/13/2014 2 Strategic Priorities Continued • Maxgort Road Corridor/Marsh Oaks Neighborho ods -Th ere we re n o tasks associated w it h this goal. After some tu rnover, we n ow are staffed with the appro priate Individ u a l to carry these efforts forward. Use of g ra n ts is an o ptio n b e m g explo red at thi s time . Cod e r evisio n s will a lso P.lay a n impo rta nt rol e in this e ffo rt. 2 01 Mayport Road uJ1d er co n s truc tio n w11l tra n sform tha t ar ea. • fjl.dcs Planning_-W ith t h e recen t completio n of Rose Pa rk, the im p r ovem e nts to Donner Pa ri< and t h e effo rts towar ds the Ma rs h Master Pl a n , focu s h as s hifted towards catc hing up o n m ain ten a n ce a nd s ma ll impro vem e n ts in o ur e xis ti ng parks. • N e w Side walks -The s id ewa ll< improve m e nts o n Sturdivant Ave p art o f the Sa lta ir p ro ject a n d the Dutto n Isla nd Road a nd East Coas t Drive projects a re d o n e. • lgcentiyes for Economic Pevetop..m.enl-The Planning Dlrecto1· w ill be focus ing new a ttenti o n to this o bjecti ve in the comi ng year. Specifi c tasks ar e v agu e in this a rea. • Sto rm Water Mas t e r Plan Pro je cts -Include d in the c urre n t yea r 's bud get was the Sa lt a ir Dra ina ge Improvem ents . This p roj ect is approaching 6o% d esign. • Idcntj(ying City Boundaries -D OT s peci fi e d s ig n age is in progress. Budget Policy • The Budget Policy is a doc ument adopted by the City Commission that sets the guideline s for a City Manager to propose a budget. • This ens ures that during the process the mos t important criteria are met in the construction of the budget. • This creates the min imum expectations fo r the elected officials and the citizens. AGENDA ITEM# IE SEPTEMBER 8, 2014 8/13/2014 3 Budget Policy Highlights • Strategic Planning w ith Citizen Input • Current Level of Service • Current Tax Rate • Balanced • 25% Operating Reserves • All authorized positions funded • 3% Merit Pay Increases subject to funding availability. • Include a ten year projection of major funds • Pension Trust Fund to be funded per Actuary Report • Capital Items necessary for current service are included Capital items for increased service to be highlighted in Workshops -otal RevenueSby-Fund 2015 Proposed • General Fund • Special Revenue Funds • Debt Service Funds • Capital P l'oject Funds • Enterprise Funds • Trust Funds • Total Revenues $nau,o92 1,428,149 0 230,000 11,686,252 3 ·568.124 AGENDA ITEM# I E SEI'TEMOER 8, 20 14 8/13/2014 4 Revenue in Summary • Property Taxes Millage the same at 3.3285 • State Shared Revenues Estimate at $109,ooo increase • Transfers Reduced • Utility Rates No Water I Sewer Rate Increase • Sanitation Rates • Storm Water Fees • Permit Fees • User Fees • Grants • General Fund No Garbage Rate Increase No Increase No Permit Fee Increase No Increase As approved • Special Revenue Funds $11,269,427 1,809,207 0 • Debt Service Funds • Capital Project Funds • Enterprise Funds • Trust Fu nds • Total Expenses 2,925,000 12,870,935 1,710.919 AGENDA ITEM # IE Sll:PTEM il ER 8, 20 14 8/13/2014 5 Resource Allocation • Pe rsonne l Services • Operating Exp en ses • Ca pital O u t lay • Deb t Service • Transfe rs • Total Expenses Cily of AUa ntk Beac h Sc htdo\t of AvoUoblt C11h Doloom t.1oj01 fuodt $9,278,oo6 10 ,678,751 6,682,986 2,147,535 1.3 48.210 FY·2015 fY·201~ Ully~o Rom .. ~r UIJy TOW Romo .... Proft<lod 7Sll ()pof>t""l Scatlo;.on C•~omor 11 fNII 01 Rtnt\YJI 11\4 Ot!>t Stt.lct Rolllklod Aolll~t Eni~• !bl .. <t AttiM F .... Dt•• .. ll Do~ """ Rtdi<tiT'efl Rtttf\t Caoll Ctrh Gutrllful'!d 5,9$5,901 2,701,63:1 2.101 ,"2 3281,22: c.,...,.;,. o"'''""''" Tu 49,7U 0 41,711 Gu Tu 65,7ll 0 61 7Ja 111 c.,, s~ .. r .. ms1 0 77,151 Biii.Sng D•P"'mtnl 312,8112 "315 a.t,lll 211m Pulli<UrjiJn 3,797.226 116,:112 4VO OGO 531 .!13 1101100 1,0!7,025 3235,310 611.18 S"'m Wa!ot Vttly 761,690 lll,Gil 210,826 ne.m 373,152 S11tt1Cion 619,6SI 441021 419,0l5 210,670 Otb!Sti'Aet 0 0 0 Uuc:dlni,UI Mdt 34 1,746 tOO )IS 100,3~ 211,351 Ptnskll Trv•\Fund1 2Hll.ttl 2UlOtt7 219311 ttl 0 T01oto 37.011411 4Jl90Sl jJO,OOG ~lt 911 ~OJOStl ~mo 1297111 3111!)!3 smm AGEN DA IT EM# II~ SEI'T EMBE R 8 , 2014 8/13/2014 6 Personnel Services Summary • Net increase of 1h a n employee • Organizational changes in almo st a ll departments • Raises of 3% merit with 1% C.O.L.A. adjustment t o pay plan. 1% more to Police officers to off-set increased pension co ntributio n s • Raises cost $192,293 city wide -$64,097 p er 1% • Without rai ses, we would h ave a slight decrease i n total payroll from reorganizations and turnover off-setting the increases in Health Insuran ce and the ad d ed empl oyee. • Pension cost is down about $95,ooo Operating Costs • Contractual Increase in the Fire I Rescue contract of 3% • Sanitation cos t negotiated to s tay the same for residential but increase for comme rci a l tipping fees. • Maintenance Cos ts for the Fleet is r elative ly the sa m e • Pension cost in b enefits p a id indicates a large d ecrease primari ly due to an unusua lly large payout in the current year. A GENOA ITEM #IE SE I'TE MBER 8, 20 14 8/13/2014 7 ~::-----~~::::=:::::::::;;~~ ~ Capitallmprovements • Seminole Road Streetscape • Police Bui lding • Marsh Master Plan • Sa ltair Drainage & Sidewalks • Replace Effluent Outfall Line • Ru ssell Park Improvements • Water Main a tAlA & Mallard Cove $1,6oo,ooo 2,6oo,ooo 325,000 380,000 320,000 250,000 120,000 • Francis Street Improvements-CDBG 91,386 75,000 200,000 • Bu ll Park Playground Equipment • Bennett's Landing ~ --,..::--Equipment Purchases • Phone System • Server and Network Equipment • Laptop Computer Rep -Police • Po lice In-Car Video Equipment • Three Police Cars Equipped • Mowers • Small Utili ty Vehicle for park access • Meter Reader Truck • Lift Station Maint. Truck & Crane • Truck Replacement for Sewer Division • Compact Excavator 102,500 68,ooo 32,500 20,000 120,000 25,000 19,000 20,000 4 5 ,000 25,000 6o,ooo AGENDA ITEM# I E S EPTEMBER 8, 2014 8/13/2014 8 ~~General Fun ReveriUe Diversification Tota l 201 5 General Fund Revenues CAd Valorem Taxes c Intergovernmenta l D Fines an d Forfeitures c Misce llaneous • Licen ses and Permits •lnterfund Transfers a Charges for Serv ices • Ut ility, & Bu siness Taxes AGENDA ITEM # IE SEPTEMB E R 8, 2014 8/13/2014 9 AGEN DA ITEM # l E S E PTEM B ER 8, 20 14 8/13/2014 10 General Fund Expense Distribution Tota l 2015 General Fund Expenses •City Administration CI General Government CPublic Works Cl Planning and Development • Public Safety Cl Parks and Recreation AGENDA ITEM# I E SEPTEMBERS, 20 14 8/13/2014 11 General Fund 16 1 14 12 10 8 t! !I 0 0 6 4 2 0 -Personnel Services -operating -Capital !::~Transfers -+-Revenues I _;.----= = L>ther ·Topics to Discuss • Tipping Fees • Annexation • One Solution • Disaster Preparedness • Mayport Corridor • Public Works Yard • Debt Service Savings • Technology I Information Issues • Charter Review • HRO • 201 Mayport AGENDA ITEM II IE SEI'TEMBE R 8, 2014 8/13/2014 12 AITACHMENT C PUBLIC WORKS BUDGET FY 2014-2015 PWADMIN STREETS & ROW MAINTE NANCE BUILDING MAINTENANCE PARKS MAINTENANCE and BEAUTIFICATION STORMWATE R Fleet Maintenance Sanitation PUBLIC WORKS ORGANIZATIONAL CHART } ••I>IJc .: · \V'oikt ., OCtut:ur .. :~--=:· :,·~ ''i'· Lo u<~><•P• aOaJ h<~ 61•lllt. '\·~~~~ll.l>\., AhdJJvl1 dii\M Mlllntcn~tt<t •. : 'f>l,.<IQt ·. (c,.nt~:attt, ;. f l .. t.i<>lhl' · ·· w.tt,.: . t.."lltUy tn&, ::: ,.1\11~1 1!1) ' · ·< 'Woil~ln1 ~",11)le noMt ,. .. ~nloloo :: llull4~ .. ~ ' $~il\ . .' . Mol~l•rvi~<O :~ W•rlrC't' :.~ ·, AGENDA ITEM# IE SEJ'TEMDER 8, 20 14 1 _,.A)RrMARY RESPONSIBILITIES • Streets, rights of way, parks, city buildings, stormwater, sanitation and fleet maintenance. • State permits: NPDES I MS4, stormwater treatment, fuel systems. • Commercial and Residential Plan Review, including ROW permits and stormwater utility fee calculations (commercial ). • Combining with Utilities in FY 14-15. FACILITIES MAINTAINED BY PUBLIC WORKS • 55 Mil es Paved Streets and Rights of Way • 54 City Buildings (25 are lift stations) • 6 Stormwater Treatment Ponds • 27 M il es of Storm water Pipe • Over 1440 Stormwater Structures • no,ooo LF Stormwater Ditches and Swales • 1 Stormwater Pump Station (share d with NB) • 104,ooo LF Sidewalk & 8' Multi -Purpose Paths • 15 Parks (6 Active, 6 Passive, 3 Preserves) p lus 1.6 Miles of Beach • 3 Color Spots AGENL>A ITEM II IE SEPTEMBER 8, 20 14 2 ~:.--PUBLIC WORKS TOTAL BUDGET ---~---- . 14-15 Budget General Fund $1,806,498 $1,542,524 Gas Tax $398,225 $410,000 Half Cent Sales Tax $231,926 $830,000 Sanitation Utility $1,817,765 $1,801,000 Capital Project Fund 191,658 325,000 Stormwater Utility $1,341,554 $1,871 ,278 TOTAL $5,787,626 $6,779,802 GENERAL FUND • PW Ad1nin -Project Management, Plan Review, Contract Administration including Construction and Sanitation contracts, etc. • Streets and Maintenance -ROW, Town Center & Median maintenance. • Parks -Maintenance of green space, parks - playgrounds, color spots, beach cleaning. • Building and Fleet Maintenance -City Buildings and vehicles I equipment. AGENDA lTEM # IE S EPTEMBER 8, 2014 3 / I MAJOR CAPITAL ITEMS FOR FY14-15 llem Russe ll Park Phase 1 Replace Bu ll Park Playground Frances Street Seminole Road Improvements Compact Excavator Purchase Street Resurfacing Marsh Master Plan Kayak Launch I Overlooks Roberts Street Ditch (AB design - FDOT construction) Budget Request $250,000 $75,000 $92,000 $!,600,000 $6o,ooo $300,000 $325,000 $0 AGENDA ITEM #I E SEPTEMBER 8, 2014 -·~ + ~" . ' 4 -ol .,..,.... Dutton Island Fishing Pier I Overlook W. 6th Street Fishing Pier I Overlook ~~~~~~~~,.~:;::==;;:::<::: I I I I i I AGI!:NDA ITEM# I E SEPTEMBER 8, 20 14 5 GAS TAX RESURFACING PROGRAM • FY 14/15 -$3oo,ooo budget proposed (augmented from Half Cent Sales Tax): • Overall Condition Index (OCI) -73.6 (Very Good) (2013 score) • Current year paving completed. Street Resurfacing Since 2005 AGENDA ITEM# IE SEPTEMBER 8, 2014 6 PAVEMENT MANAGEMENT 2014-2015 ROUGUE'S GALLERY Street Nam e St arling Poi nt Ending Point Dutton Is land Rd Park Gate End of Asphal t W. 14th Street 1 Main Street Begonia Street l'rancis Avenue 1 Donner Road Jackson Road Beach Ave n ue Altern 7th Street Jas mine Street 2 W. 6th Street Cul-De-Sac 4th Street 2 E01st Coast Drive Ocean Blvd Selva Lakes Circle Parlcsldc Drive Parksld e Drive Sturdivant Avenu e Sherry Drive Seminole Road W. Plaza Drive 3 Tu lip Street Li ly Street O ceanwalk DriveN. Oceanwa lk Dr W. Oceanforest Dr N SandpiperL;me E. Donner/Sandpiper Linksi de Drive Seminole Road 3 18th Street Turn Around Vikings l<~ne Belvedere Street Nautical Blvd. N. 2oth Street 2 Seminole Road Selva Marina Dr. W. )td Street 2 Main Street Mayport Road Seminole Road 2 5 Points 18th Street STREETS IN RED PRODADLE2o14 -15 PROGRAM __ ::::--- I • OCI 47 ·08 47·08 47·!):1 48·)3 48·33 50.00 51.:15 5 1•2 5 5 1•2 5 51.67 51.67 5t.0 5'·0 ;.z.o8 52·08 52.08 AGE NDA IT E M If J E SEPTEMBER 8 , 20 14 7 Storm Wat er Utility AGEN DA ITEM II IE SEPT EMB E R 8, 201 4 3 -.-------- ~ ~ ~ 1 0 -Porsonnoi Sorvlcos -operating c:::IOebl -capital =Tr ansfers -Revenu~ Gas Ta x Fund 600 ~--------------------------------------. l 500 ~~~======~;;~~==~~==~~~~1 400 300 200 100 0 •Oper at i ng •Ca pital t=!Transfe rs +Reve nues J 8 ~ ~ & (: Sanitation Fund 3,000 2,500 2,000 1,500 1,000 500 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ «-1.""'c::, ¢-~ «4.~ «-1.~ «-1.~ «-1.""'c::, «-1.""'~ «-1.tt-~ «-1.~ «-1.tt-~ «-4.,.,~ «4.""'~ «-1.""'~ -Personn el Sorvl cos -o p erating -Ca pital t=!Tran s fors -Re venuos AGENDA ITEM # I E SEPTE MBER 8 , 2014 9 ATTACHMENT D ---~ Primary ResporlSibilities • To protect the environment and Rublic health through compliance with local, state and federal regulations • Water • Supply • Treatment • Distribution • Wastewater • Collection • Treatment • Reclaimed Water • Treatment • Distribution 8/13/2014 AGENDA ITEM II IE SEPTEMBER 8, 20 14 1 AGENOA .ITEM# IE SEPTEMBER 8, 20 14 ~~ies-Inside ana ·outside City Service Area • 1 Wastewater Treatment Plant • 4 Water Treatment Plants • 30 Lift Stations • 1 Stormwater Pump Station • 104 Miles of Water Main • 68 Mi les of Gravity Sewer • 28 Miles of Outfall & Force Main • 3 Mi les of Reclaimed Water Main • -8,200 Water services and meters • -8,100 Sewer servi ces • 180 Reclaimed water services and meters ~~tlantic Beach Utility Service Area N A 8/13/2014 2 Public Utilities Flow Data Treatment Plant Design Capacity, Actual Flow, MGD MGD Wastewater Treatment Plant-3·5° 1.80 Annual Average Daily Flow Water Plant 111, Max. Day ).17 2.06 Water Plant #2., Max. Day 2.90 1.40 Water Plant 113, Max. Day 1.87 1.00 Wate r Plant #4, Max Day 0.25 0.2.0 ~~ Puhlc UtilitieSS'taffing FY15 • 21 people plu s part-tim ers as n ee d ed to avoid OT GiS/Crou Connfctlon Ttth Uclliry Dirottor Pianco DiviJ itn Director [ WIIJtcwitcr PJ .. nt Suruinttndent Witcr PtllnU Superlnrendent lleovy Equlpm<nC J Operator Water/Wa,.tw.ltcr Trulmc:nl Pl•nt Operocon Rococins (?) ~ Dhcribucion/Colloo cion Oivition Olrtctor iocrlbutlon/Coii•C: cion Op<rotou (4) Lift Scotlon Ttc-hnlcl•n M<Ccr Rcod<rt (•) 8/13/2014 A GENOA I TEM # I E SEf•TEMBER 8, 2014 3 ~osed Budget Fund Water Production Sewer Treatment Distribution/Collection Non-Divisional TOTAL Non-Divisional includes: • Transfer to General Fund • Inte rnal Se rvice Ch a rges • lns ul'a nce • Debt FY14 Budget (Est.) $1,103,287 $3,003,844 $2,178,739 $J,800,158 $10,o86,o28 -----~esource Allocation FY15Budget $ 745.907 $1,638,322 $2,670,858 $3,805,990 $8,861,077 Allocation FY 14 Budget (Est.) FY 15 Budget Proposed Pe rsonnel Services Operating Expenses Ca pital Outlay Debt Service Transfer to General Fund TOTAL Budget Va riances $1,848,278 S3,U7,460 $2,463,352 $2,027,078 s6:z.9,86o $1o,o86,o28 • Perso nne l -Trans fer o f Meter Read ers fr o m Finance to Utiliti es $1,947.401 $2,902,800 $1,459,000 $1 ,936.709 $ 615,167 s8,8']s,o77 • Capita l -Completion o f Recla imed Water Faciliti es and Water Tank Pro jec ts 8/13/2014 AGENDA ITEM# 1 E SE PTEM BER 8, 2014 4 Major Funding Sources • Water, Sewer and Recla i med Rates & Fees • System Deve lopment Charges (Impact Fees) • Grants • Loans =- Water Capital Items for FYlS Item Budget Request Connect Water Main at Mallard $12o,ooo Cove Rep lace Water Ma in on Seminole Rd . Modeling Di s tribution System and Video-Logging Wells $700,000 $ 6o,ooo 8/13/2014 AGENDA ITEM# I E SEPTEM R E il 8, 2014 5 __:.--= ·-sewer Capital Items for FY15 --- ,Jl,u~get Request , Effluent Outfall Rep lacement (Shared with 3 Beach Cities) Fiberglass lining of 2 Lift Station Wetwells Fence/Wall at WWTP Reuse Irrigation System $320,000 $30,000 $8o,ooo $20,000 Major Items in 10-Year CIP • Jockey Pump for Water Plant #1 -S35,ooo • Replace 2 small wells at Water Plant #4 with 1 larger well -$4oo,ooo • W ill update Water Model in FY15 to determine if Water Plant #4 needs replacement or other options • Continue replacing undersized, deteriorated or AC water mains • Continue sewer rehabil itation 8/13/2014 AGENDA ITEM# lE SEI'TEMBER 8, 20 14 6 Current Issues • Reclaimed Water Facility • Phase I (Te mporary Facilit ies) complete • Pumping Reclaimed Water to Go lf Co urse as of 6/n/1 4 • Ph ase II (Permanent Facilities) under co n struction a nd o n sc h edule -Reclaimed Water Faci1ity Construction Installing the Hydropneumatic Tank AGENDA ITEM# I E S EPT I):MDER 8, 20 14 8/13/2014 7 Construction Installing the New Wetwell New Electrical- Jnstrumentation Building Reclaimed Water Irrigation AGENDA IT EM# I E SE I•T EMBER 8, 20 14 8/13/2014 8 .~ 1!1 ::! Sewer Rehabilitation Project 16 14 12 10 8 6 4 2 0 1:1 Personnel Services ~Transfers Public Utilities -operating Expenses e~~:~Capital Outlay ~Dobt Servlco -+-Revonu os AGENDA ITEM II I E SEPTEMBER 8, 20 14 8/13/2014 9 AGENDA ITEM# lF SEPTEMBER 8, 2014 Minutes-Town Hall Meeting at Gail Baker Community Center-Tuesday, July 22, 2014 Meeting Start: 6:30 p.m. Commissioners Attending: Mayor Carolyn Woods Commissioner Maria Mark Commissioner Jimmy Hill Commissioner Jonathan Daugherty Commissioner Mark Beckenbach Topics Discussed with Citizenry: 1) Road Repair. Possible Sink Hole off Mayport Road near flyover. 2) Public Meetings should have White Board for keeping a running account of pros and cons on a subject in order to keep the meetings focused. 3) Appropriate photos shot from ground level should be included in visual for the Commissioners and Citizens, to show the expected changes in a more understandable picture. 4) The Ordinance Wording for Ocean and Beach Blvd "through lots" is not consistent with what was initially stated as the intended consequence of the law. The recommended approval by the Department Head, Mr. Griffin, did not take in to consideration accessory structures, and a reduced distance to the right-of-way. Other unintended consequences are a concern. 5) Clarification of intent by the City is an important first step in correcting these and other code issues. 6) Concern as to placing staff in a position to interpret laws due to poorly written ordinances. 7) Request for an audit of the process-Commissioner Hill. 8) Zoning Laws in many cases are vague. Suggestion to revisit Zoning Laws, broaden scope or be specific as to limitations. 9) Mayport corridor has difficulties due to the Residential Zoning directly touching Light Industrial Zoning and the vagueness of the accepted uses. (Need for clarifications of definitions and limitations for the light industry requirements). 10) Zoning changes start at Community Development Board and move forward from there. Changes to Zoning can be accomplished but it is time consuming.-Mayor Woods 11) Concerns were expressed about 40 busses located on light industrial property surrounded by two (2) residential neighborhoods. 12) Human Rights Ordinance, religious beliefs, a concern pertaining to a possible infringement on one's religious beliefs, the equal treatment of all peoples, litigation, small business concerns. 13) The passion and combativeness of the Commission concerning the HRO was observed, conveyed to, and discussed with the Commissioners. Meeting adjourned: approx. 8:00 p.m. Carolyn Woods, Mayor Minutes taken by Commissioner Mark E. Becken bach *This meeting was videotaped with the City of Atlantic Beach's Portable Video System. AGENDA ITEM# lG SEPTEMBER 8, 2014 Minutes for Public General Discussion Meeting Held on Monday, July 7, 2014 Meeting Start: 3:00 p.m. Attendees: Commissioner Maria Mark Commissioner Jimmy Hill Commissioner Mark Beckenbach City Manager Nelson Van Liere A general discussion was initiated among the Commissioners and the City Manager pertaining to the following topics: 1) The proposed Ordinance No. 5-14-61 submitted by the City Manager, Nelson Van Liere, Amending the Code of Ordinances, Administration, Article II, City Commission, Sec. 2-16, Time and Place of Regular meetings, to provide for two regular meetings. 2) Questions and answers as to the reasons staff were requesting a change from the Workshop/Meeting Format. 3) A discussion as to the initial reasoning behind the previous change to the ordinance which allowed a reasonable time for the education and review of Agenda Items by the citizenry. 4) Possible compromises to keep the citizenry informed and involved before a vote takes place while allowing for the business of the city to move within a less restricted time schedule. 5) Proposed Ordinance 95-14-108 Amending Chapter 9 of the Code of Ordinances, to Prohibit Discrimination: Providing for Conflict: Providing for Severability; and Providing for an Effective Date. Citizens Attending: Mr. Chris Jorgensen Dr. Mark Tomaski Meeting Adjourned: 5:00 p.m. Mark E. Beckenbach, Mayor Pro Tern Minutes taken by Commissioner Mark E. Beckenbach J}rodamatton AMENDED AGENDA ITEM# 2A SEPTEMBER 8, 2014 WHEREAS, the Green Apple Day of Service, conceived by the Center for Green Schools at the United States Green Building Council (USGBC), has provided a focal point for communities to transfmm school environments to make them healthier, more sustainable places to learn, and WHEREAS, in its 2012 inaugural year, more than 1,250 communities, spanning all 50 states and 49 countries, hosted Green Apple Day of Service projects to improve our schools through environmental education and community events, and WHEREAS, the Center for Green Schools has collaborated with partners from the public, private, and nonprofit sectors to share community project ideas and step-by-step instructions for organizing school service projects, and WHEREAS, on September 27,2014, the USGBC will organize the third Green Apple Day of Service, when green school advocates from across the country and around the world, including USGBC chapters, international green building councils, elected officials, teachers, parents, and students will come together in support of green schools by taking action in their communities, NOW THEREFORE, I, Carolyn Woods, Mayor of!he City of Atlantic Beach, Florida, do hereby proclaim Saturday, September 27, 2014, and the last Saturday of September each year thereafter, as Green Apple Day of Service and urge all citizens of the City of Atlantic Beach to recognize the efforts of the Center for Green Schools to make schools a healthier environment for student growth and education. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 81h day of September 2014. Carolyn Woods, MAYOR 14 .-_"Lld2::.1n~\~MOJ1iml~h~llin~Mimnnl~~n i . ~ .:.~~-)~ ... :·.1> ~: · .. ··; '!!fli~i~-~~ CIRCULAR'~RICK PLANTER .WALL \_ 6' CCNCRET!:: HEADER CURS fA\ SECTION" SIGN FACE RETAINING WALL '15' ~ ll """"' PAIN" rB\ PLAN <> ENTRANCE TOWER ~ :lt100TH REVERSE CURVE TRAN51TICN.TO !>'l-IT. ~.'-C'€~1gtf'1~rJN ~ nlr<.'LE Lo::>a • ACRTLIC: 17 W·(>' E:~WiCK. THREADED 0C(L'EL EPOXTE.D TO DRILL HOL!:. A ~TA~~~ TIHE5 F.ct1,<1N' re>RICK ROULOO<. CAF' l& 4 \ ATLANTIC E3EACf-l . COUNTRY CLUE3 4 ·-~· ~[E©[EO\YI[E UU SEP --2 2014 By ~J3~L~ ~T~E;Ho$~T O.<lX' 1±r I W •4 .. BAR, -"""" CeNT, s E \v A M A R 1 N A 11 .. x , •• = ·1L------------------'" \_-,-. ,-A,_ER_OJ_T_A-L'-'1-,-,.,.: Mm~MI~~~~r,Jimt; :::,: cc'::':~-~~: fC\ ELEVATION e ENTRANCE SIGN I TOWER \!::jJ :~ 0 ~ JL EUmENICS STUDIO LAND~ITI!!C'!\JR!! CGII"f"'U.UITY l"'l...AA-NINao UF<OAN DEI!!o!GN ~" 246 621'3 ~l"l 8382 raK lo..lhri...-••~•U\tlt 1\..C'I"'l'PA I'!CQ. HO.IIIWI GI!O!Qill.ll. l'i:l!l<:Li'I0,66D "A ill :::::l _j \J >--CL t-I-ll z :z--' :::::l w-: ~<! () tr_ ;Q R Q uo~o~ ~ ~i "Iw~~I- \J Q iJ d <[ ;:g ~ ~lli WE <llu)Q ru~g'"~ l) ::> ~ 2" -d ~-~ f-z -<( _j t- -<( ~i!:!:iT TITLE ABCC SELVA MARINA/ SEMINOLE Mi:DIAN 51GN JUNE 30, 2014 p;:EYI::>I~ ~fE!. 2 1f.2l.1.. TQMI:~ I'" 10' 0 """'" e.I<EE.T L5-40F 4 ~ "'z mO -ot'Il -lO ~6 ttlm mz ::co po > tv-o-l -m ... $: 'lj, w ttl BUILDING DEPT. MONTHLY ACTIVITY REPORT ~~~~- COMPARISON REPORT REPORT FOR THE MONTH JULY 2014 !-~~~~~---~----------~---~--~~~~~~~~~- COMPARISION 2013-2014 PERMIT TYPE -~~- ~~---TOTAL INSPECTIONS __ __]NUMBER OF PERMITS~ Hl~ ___ : YTD 2013 YTD 2014 YTD 2013 YTD 2014 YTD 2013 YTD 2014 ~~~~t~~1~M!L:Y ---~-~ .. 2~ ~ .. ~=-==-=i I : :::;:::-:-:~-:-: +~~-===+-~=-~~~~~~!"~~~N::_·---=+--:--....•. 1 ~-7 --------=+ -[ $ 2,225,427.00 OTHER -TOTAL---~_ ~ _l=~=-=c~-------------~_]~[=~----1::~:~!~~:~~ r-------=-29=-=7=-=5----r----:2::-::9-:-:42=----t PERMITS ISSUED FOR THE MONTH OF JULY 2014 ~~~--~--~----- City of Atlantic Beach FINANCIAL REPORT AGENDA ITEM# 4A July 2014 SEPTEMBER 8, 2014 Cash Balances Prior Current Dollar Percent Fund(s) 06/30/14 07/31/14 Change Change General $ 8,290,461 $ 7,840,056 $ (450,405) -5.43% Tree Replacement 12,321 12,321 0.00% Convention Development Tax 68,208 57,586 (10,622) -15.57% Local Option Gas Tax 210,639 231,892 21,253 10.09% Better Jax 1/2 Cent Sales Tax 442,182 460,494 18,312 4.14% Police Training, Forfeiture, Grants, etc. 126,054 123,580 (2,474) -1.96% Community Development Block & ARRA Grants (9,212) (9,212) 0.00% Debt Service 0.00% Capital Projects 2,974,792 2,983,334 8,542 0.29% Utility 5,207,051 5,301,662 94,611 1.82% Sanitation 729,966 739,435 9,469 1.30% Building Code Enforcement 237,725 250,515 12,790 5.38% Storm Water 1,804,837 1,724,309 (80,528) -4.46% Pension -Police 10,704 (9,231) (19,935) -186.23% Pension -General 229,754 251,795 22,041 9.59% Total $ 20,344,694 $ 19,958,536 $ (386, 158) -1.90% Total Restricted Cash 7,641,026 Total Unrestricted Cash $12,317,510 Cash and Investments Annual Prior Current Dollar Percent Account Yield 06/30/14 07/31/14 Change Change Bank of America -Depository 0.20% $ 3,182,410 $ 2,849,601 $ (332,809) -10.46% Guggenheim Floating Rate A 4.00% * 3,718,748 3,723,507 4,759 0.13% Hartford Floating Rate Bond A 3.47% * 2,555,607 2,548,969 (6,638) -0.26% lnvesco Floating Rate A 3.97% * 3,692,016 3,685,718 (6,298) -0.17% MainStay Short Term Duration High Yield A 2.92% 2,592,133 2,564,151 (27,982) -1.08% First Trust Short Duration High Income A 3.71% * 2,036,773 2,027,280 (9,493) -0.47% Putnam Diversified Inc. 3.76% * 1,288,535 1,290,462 1,927 0.15% Alliance Limited Duration High Income A 2.23% * 1 ,273,192 1,263,566 (9,626) -0.76% MSSB Money Market/Cash 0.05% 1,778 1,778 0.00% SBA-Florida Prime 0.16% 352 354 2 0.57% Cash on Hand 3,150 3,150 0.00% Subtotal $ 20,344,694 $ 19,958,536 $ (386, 158) -1.90% Police Pension Investments $ 8,262,431 $ 8,151,570 $ (110,861) -1.34% General Pension Investments 14,858,676 14,667,936 {190,7402 -1.28% Subtotal $ 23,121,107 $ 22,819,506 $ (301 ,601) -1.30% Total $ 43,465,801 $ 42,778,042 $ (687,759) -1.58% * Denotes the 30 day SEC Yield Anualized City of Atlantic Beach FINANCIAL REPORT July 2014 AGENDA ITEM# 4A SEPTEMBER 8, 2014 Revenues Annual YTD -83.00% YTD Dollar Fund I (Footnote) Estimate of Estimate Actual Variance General $ 10,933,571 $ 9,109,708 $ 10,206,572 $ 1,096,864 Convention Development Tax 80,300 66,910 77,019 10,109 Local Option Gas Tax 421,009 350,830 353,519 2,689 Better Jax 1/2 Ct Sales Tax 694,870 579,050 599,178 20,128 Police Training, Forfeiture & Grants, etc. 110,041 90,939 108,842 17,903 Grants 141,399 84,633 131,286 46,653 Capital Projects 489,780 410,740 329,232 (81 ,508) Utility 8,727,453 7,214,630 7,111,235 (103,395) Sanitation 1,789,000 1,490,830 1,513,339 22,509 Building Code Enforcement 281,550 234,590 351,028 116,438 Storm Water 1 '155,000 962,500 1,025,407 62,907 Pension -Police 1,329,681 1 '1 08,050 1,060,158 (47,892) Pension -General Total $ 2,190,980 1,825,810 1,791,847 28,344,634 $ 23,529,220 $ 24,658,662 Analysis of Major Variances (Variances >$25,000 AND 10.00%) (33,963) $ 1,129,442 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: The positive variance in the General Fund is mainly due to the timing of property tax receipts. The bulk of the receipts come in November and December. Additional items included in revenues that provided a favorable variance to the amounts budgeted for this period are increased earnings on pooled cash investments and proceeds from the sale of the foreclosed property at 765 Sabalo Road. A positive variance in Grant Funds occurred this period, as projects were completed and grant reimbursement was requested and received earlier in the year. The city has not received expected grant monies for the Marsh Master Plan from the State of Florida nor the City of Jacksonville, as conceptual design discussions are still in progress; therefore there is a negative variance in Capital Project Funds. Building Code Enforcement Fund permit activity is running above projected revenues, similar to surrounding jurisdictions and counties. Percent Variance 12.04% 15.11% 0.77% 3.48% 19.69% 55.12% -19.84% -1.43% 1.51% 49.63% 6.54% -4.32% -1.86% 4.80% City of Atlantic Beach FINANCIAL REPORT AGENDA ITEM# 4A July 2014 SEPTEMBER 8, 2014 Expenses Annual YTD-83.00% YTD Dollar Percent Department Estimate of Estimate Actual Variance Variance Governing Body $ 42,933 $ 35,730 $ 31,679 $ 4,051 11.34% City Administration 2,689,720 2,219,997 2,033,107 186,890 8.42% General Government 653,078 537,662 518,915 18,747 3.49% Planning and Building 434,709 362,130 298,084 64,046 17.69% Public Safety 5,715,716 4,749,979 4,375,738 374,241 7.88% Recreation and Special Events 411,551 335,533 293,874 41,659 12.42% Public Works 7,926,078 6,578,462 4,651,110 1,927,352 29.30% Public Utilities 10,757,956 8,970,687 7,756,426 1,214,261 13.54% Pension -Police 751,628 626,310 645,615 (19,305) -3.08% Pension -General 11102,850 793,983 776,998 16,985 2.14% Total $ 30,486,219 25,210,473 21,381,546 $3,828,927 15.19% Annual YTD-83.00% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personnel Services $ 9,495,693 $ 7,914,301 $ 7,460,721 $ 453,580 Operating Expenses 11,075,513 9,049,554 7,791,882 1,257,672 Capital Outlay 5,783,296 4,812,265 2,428,951 2,383,314 Debt Service 2,448,773 2,040,492 2,310,344 (269,852) Grants and Aids 51,470 35,553 32,895 2,658 Transfers Total $ 1,631,474 1,358,308 1,356,753 30,486,219 $ 25,210,473 $ 21,381,546 Analysis of Major Variances (Variances >$25,000 AND 10.00%) 1,555 $ 3,828,927 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: The positive variance in Planning and Building resulted from turnover and vacancy savings during the fiscal year, coupled with reorganization of positions. Recreation and Special Events has also experienced savings due to turnover and vacancy in their department. The variance in Public Works was due to: project activity budgeted that has not been completed -see Project Activity schedule; 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. The variance in Public Utilities is due to budgeted project activity that has not been started I completed or will be re-budgeted in a future fiscal year. The negative variance in Debt Service resulted from timing differences between payment of debt service and the budgeted expense allocation. 5.73% 13.90% 49.53% -13.22% 7.48% 0.11% 15.19% City of Atlantic Beach FINANCIAL REPORT AGENDA ITEM# 4A July 2014 SEPTEMBER 8, 2014 Project Activity -Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Encumbrances Balance Status Public Safety: Kennel Improvements PS1401 40,000 35,957 4,043 I Enclose Under Portion of Lifeguard Bldg for Equipment Storage PS1402 6,000 3,634 2,366 c $ 46 000 $ 3 634 $ 35 957 $ 6 409 Public Utilities: Reclaim Water Facility PU0805 1,352,269 968,534 384,322 (587) I Replace the Water Main on Pine Street PU1304 53,199 53,199 c Replace 4" Water Main at Wonderwood and Finegan PU1305 58,852 58,852 c PT Repair at Lift Station C PU1306 22,397 22,397 I Repair 24" Effluent Force Main PU1308 5,260 5,260 c Repair 12" Force Main PU1309 3,363 3,363 c Water Plant #2-Rehab Elevated Tank PU1401 125,000 122,540 2,460 I Water Plant #2 Rehabilitation Ground Storage Tank PU1402 121,528 121,528 c Replace Water Maint-Sea Oats & Park Terrace PU1403 168,472 168,472 R lnline Valve Installation PU1404 50,000 16,599 33,401 I Replace Manhole on Saturiba PU1405 73,883 54,450 19,433 I Sewer Rehab Saturiba & Sea Oats PU1406 190,000 153,000 37,000 I Donner Subd Sewer Rehab -HMGP Grant PU1407 155,000 137,719 17,281 I Effluent Outfall Replacement PU1408 137,264 8,746 13,395 115,123 E Effluent Pump at WWTP PU1409 50,000 33,940 14,478 1,582 I Connect A1A at Mallard Cove PU1410 130,000 12,873 117,127 E Subtotal $2,696,487 $ 1,253,422 $ 931,773 $ 511,292 Parks Maintenance: Marsh Master Plan Signs PM1301 625 625 c Rose Park Development PM1302 237,440 210,850 14,399 12,191 I Russell Park Tennis Courts 1-2 PM1401 100,000 100,000 s Bull Park Gazebo PM1402 X Donner Park Ball field Improvements PM1403 83,192 74,000 9,192 c Electric Gate at Dutton Island Park PM1404 8,000 7,465 535 I Marsh Project Pedestrian Path PW1408 150,000 22,054 125,165 2,781 E March Overlook & Kayak Launch PW1409 293,000 293,000 E Marsh Preserve Path Phase-1 PW1410 42,000 41,628 372 c Subtotal $ 914,257 $ 349,157 $ 147,029 $ 418,071 Public Works: Dutton Isle Road Sidewalks PW1301 61,707 61,033 674 c East Coast Drive Drainage Improvements PW1306 319,546 213,837 1 '128 104,581 I Fountain PW1402 7,500 6,245 1,255 I Welcome Sign PW1403 15,200 6,974 8,147 79 I Robert Street Ditch PW1404 50,000 25,840 17,227 6,933 I Sidewalk and Curbs PW1405 25,000 497 583 23,920 I Salt Air/Sturdivant Drainage and Sidewalk lmprovmts PW1406 380,000 49,083 26,156 304,761 E Seminole Streetscape PW1407 498,000 54 117,920 380,026 E Canopy Replacement on PW Building PW1413 78,900 48,420 30,468 12 I Subtotal $ 1,435,853 $ 405,738 $ 207,874 $ 822,241 Total $ 5,092,597 $ 2,011,951 $ 1,322,633 $ 1,758,013 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 AGENOA ITEM# 4B SEPTI::MB£1{ 8, 20 14 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: List of property to be declared surplu s SUBMITTED BY : Ne lso n VanLiere, City Ma nage r DATE: August 15,20 14 BACKGROUND: Over tim e, th e City accumulates various properties that lose their usefulness due to deterioration or o bso lescen ce. Onl y items deemed truly of no use to the Ci ty are on thi s li st. T hese assets are eith e r not op erati o nal , ha ve been de emed no longer cost-effective to repair, or we re received th ro u gh forfeiture. Department Description Seriai/VIN # Lifeguar d 2008 Ford F-150 4 x 4 Pickup T ru ck 1FTRF14V78KD60349 Wate r De pt 2000 Ford F-150 Pickup Truck 1 FTZF1728YNA9541 1 Water Dept 2000 Ford F-350 Utility Truck 1 FDWF36F6YEE07689 W ater De pt 2000 Ford F -350 Utilit y T ruck 1 FDWF36F2YEE07690 Water D ept 2000 Ford F-150 XCab Pickup Tru ck 1FTZX172XYNA95410 BUDGET: T here is no budge t for thi s act io n RECOMMENDATION: Declare thi s li st of property as s urp lu s so th at the items on it may be dis po sed of in the most beneficial way to the City. AT TACHMENTS: None REVIEWED BYCITY MANAGER: --Rt:' ~~ AGENDA ITEM: SUUMJTTI!:O H\': BACKGROllN D: ULJOGET: CITY OF ATLANTIC BEAC ll CITY COMMISSlON MEETI NG STAii'F llli i,ORT AGENDA ITEM# 4C SEPTEM BER 8, 2014 Contracts with Organ izations Providing Recreation Programs at City Facilities August 6, 2014 Timmy Johnson, Recreation Director Several organization s have been offering recreational programs at City facilities for many years. The Atlantic Beach Experimenta l Theater (ABET) provides plays and theatrical events fot public participation and enterta inment. Tennis professional Brecht Cata lan provides tennis lessons on Atlantic Beach comts. In the past, each of these organizations entered into a contract with the City of Atlantic Beach which included the payment of a fee for the use of the facilities. These contracts have been updated for City Commission approvaL The organ iza ti on/person under co ntract prov id es opp01tunities for inclusion and participation for low income residents who may not ot herwi se be able to afford to participate. The Yoga Instructor decided not to request a contract for next year. We are waiting on additional information from ABAA, Atlantic Beach Athletic Association. The fee in the contracts is $200 for the year, which is consistent with simil ar contracts in previous years . RECOMM EN DATIONS: Authorize the City Manager to sign the attach ed contracts with ABET, and tennis professional Brec ht Catalan AnAC HM ENTS: ABET Proposed Contract Ten n[s Professional Brecht Catalan Proposed Contract REVIEWED BY CITY MANAGER : 2f; ~ ~ AGENDA ITEM # 4C SEPTEMBER 8, 2014 CITY OF ATLANTIC BEACH LONG TERM RENTAL CONTRACT FOR PUBLIC FACILITIES AGREEMENT made and entered into this day of at Atlantic Beach, Florida Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach 32233 (hereinafter "City"), and Atlantic Beach Experimental Theatre of Atlantic Beach, Florida (904) 249- 7177 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: The Adele Grage Cultural Center Theater, and WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one-time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from October 1, 2014 through September 30, 2015. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non- profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax-exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. 6 AGENDA ITEM# 4C SEPTEMBER 8, 2014 b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and fmancial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability, or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside ofthe dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. 1. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. J. Renter shall provide a written account of all security key cards to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of canceling the lost card and issuing a new one. One key will be provided at no cost to Renter and any additional keys will require a $20 per key fee at Renter's expense. k. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. 7 AGENDA ITEM# 4C SEPTEMBER 8, 2014 1. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. m. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Adele Grage Theater n. Renter will provide a mechanism to assure that children are not denied the opportunity to participate due to their inability to pay the registration or other related fees. 4. Additional provisions agreed upon by the City and Renter: The Adele Grage Cultural Center is scheduled for use by several groups, sometimes at the same time. The Recreation Department is responsible for scheduling use of the facility and being as accommodating as possible. At the same time, groups using the facility must show consideration for others using the facility. The City and ABET have agreed to the following: ... ABET shall keep the facility clean and presentable for public showing and use by others . .. ABET shall be responsible for the building and its belongings while utilizing the facility . ., ABET shall provide a reasonable use calendar for the length of the contract. The City retains the right to rent the facility to others and use the facility for City events . .. Access to the facility will be based on the schedule of events shown on the calendar. All use of the facility must be scheduled through the Recreation Office in Advance (one day notice). .. ABET can request use of the community room and theater whenever the facility Is available; with the understanding that paid renters have priority. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, 8 AGENDA ITEM # 4C SEPTEMBER 8, 2014 and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (1 0) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not. IN WITNESS WHERE OF, we have hereunto set our hands and official seals this ____ day of __________ __ CITY OF ATLANTIC BEACH By: ______________________ _ Its: ------------------------- "CITY" "RENTER" 9 AGENDA ITEM# 4C SEPTEMBER 8, 2014 CITY OF ATLANTIC BEACH LONG TERM RENTAL CONTRACT FOR PUBLIC FACILITIES AGREEMENT made and entered into this day of at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida, 32233 (hereinafter "City"), and Brecht Catalan, Tennis Instructor of 12855 Green Meadow Place Jacksonville, FL 32246 (904) 241-4625 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Tennis Courts 4, 5, & 6, and WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one-time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from October 1, 2014 through September 30, 2015. 2. Amount and Time of Payment: Renter, in exchange for use ofthe facility, shall pay to the City the annual fee of$200.00 plus the applicable Florida State sales tax, unless a valid Florida tax exemption certificate is provided, for a total of$214.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax-exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. 2 AGENDA ITEM# 4C SEPTEMBER 8, 2014 b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability, or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside ofthe dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage ofRenter's property. 1. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. J. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost ofre-keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a $10 per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15th day of January. 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against 3 AGENDA ITEM # 4C SEPTEMBER 8, 2014 all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost ofthe insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Park Tennis Courts 4, 5 & 6 o. Additional provisions agreed upon by the City and Renter: None 4. Exclusive Use Dates and Times: See attached for schedule. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (1 0) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall 4 AGENDA ITEM # 4C SEPTEMBER 8, 2014 immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not. IN WITNESS WHEREOF, we have hereunto set our bands and official seals this __ day of ______ _ CITY OF ATLANTIC BEACH By: -------------- Its: -------------- "CITY" "RENTER" 5 CITY OF ATLANTIC BEACH CfTV COMMISSION MEETING STAFF REPORT AGENDA ITEM# 40 SEPTEMBER 8, 20 14 AGENDA ITEM: Extension of Elect rical Troubleshooting, Repair and Ins tallation Annual Contract Bid No. 0910-16 SUBMITTED BY: Donn a Ka luzn iak, Util ity Directo r DATE: August 15 , 2014 STRATEGIC PLAN LINK: None BACKGROUND: Thi s co ntract is for electrical work at Public Ut iliti es and other C ity faci lities. Limbaugh Electrica l Contracting, In c. ha s performed electrical troubleshooting, repair and installation for the City since 1983 and is familiar with the City 's ele ctrica l insta llati o ns. This work requ ir es specia li ze d skill , experience and equipment. Limbaugh Elcc tti caPs personnel have the req uired background , knowl edge , ex peri ence and equi pm ent. The fees charged by Limbaugh for labor and materials have been very reasona ble and co mpetitive . Specifications all ow the C ity to renew the contract for two ad dition al 1-year periods as lon g as the contractor agrees and the City is satisfied with the service. The vendor has ag reed to renew hi s con tract, and staff has been pleased with the performance of thi s con tractor. BUDGET: These serv ices are used on an as-needed basis, and funding is included in the Water and Sewer Funds in the amount of approximately $75,000 under account nu mbe rs 400-5502-533-3400, 4 10-5506-535-3400, and 4 10-5508 -53 5-3400. RECOMMENDATION: Extend the El ectrical Troubleshooting and Repair conlract for one additiona l year to Limbaugh Electrical Contract in g, Inc. at the contract prices. ATTACHMENTS: l . Letter of agreement to extend co ntract from Limbaugh E lectrical Co ntracting, lnc. REVIEWED BY CITY MANAGER: 2 ~~ August I 5, 20 I 4 Mr. Alex Limbau gh l .i mb a ugh Elcc tri cu l Con tru c tin g, In c. RE: Extensio n of' Bid No. 0910 -16 Dear Mr. Limba ugh: AG ENOA ITEM # 40 SEPT!i;MBER 8, 20 14 As yo u urt:: awa re, th e annual co ntr ac t with th e Ci ty of At lan ti c Ocaeh f'or Elec trica l Troub leshoo tin g. Rep air a nd lnstall ution exp ires Oc tober 31, 20 14. Wt wo ultl like:: to t:x tend th ~.: co ntr act for :mo ther yeo r at the current prices, if thi s is acc eptable to your co mpan y. If acce pt abl e, p lease sign be low and ret urn to me by August 20, 20 14 so I cn n pr epa re n staff report for th e City Com mi ss ion. We look forwu rd to recomme nding th at we con tinu e om cont rnc t wirh your com pany. LIMBAUG II El...t 'TRl CAL CONTRACTING . INC. AGRE I·:S TO EXTEN D T i lE CONT RA CT WIT H T il E C ITY OF ATLANTIC BEACH /\T TI IE PRI CES SUBMITTED IN rD N . 9 10-16 FOR AN ADDITIONAL YEAR l ~rFEC TIV I ~ NOV I ~MBER I. 20 14. Dn tc Public Utilities Depar tm ent 1200 Sandpip er Lan e Atl antic Beach, FL 32233 (904) 247-5834 Highlights Atlantic Beach Police Department Semi Annual2014 AGENDA ITEM# 4E SEPTEMBER 8, 2014 The inaugural Citizens Police Academy (CPA) concluded in May, with 26 citizens graduating after attending 1 0 weeks of Thursday evening classes. With such positive feedback and high interest in the program, we have already begun preparing for the 2nd academy to start this August. The participants were given a survey at the end of the program and the entire CPA received an overall ranking of 4.8 out of a possible 5. We continue to have one full time officer dedicated to the COPS (Community Oriented Policing) program. This officer spends much of his 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. The COPS officer attends monthly beaches citizen advisory board meetings for local youth who are first time offenders. At a recent community meeting, several citizens made very positive comments about Officer Cassidy and his impact on the Donner area community. The Atlantic Beach Police Department has an exceptional emergency response time. The average emergency response time this year thru June 2014 is 2 minutes 32 seconds, from the time the first call is received to the first officer on scene. Crime The state wide semiannual Part I crime statistics (Murder, Rape, Robbery, Aggravated Assault, Burglary, Larceny and Auto Theft) for 2014 have not yet been published. Atlantic Beach crime rate went from 177 last year to 192 this year. While that translated into an 8% increase it is still down 18% and 21% respectively when compared to 2010 and 2011. Productivity In the first two quarters, the police department answered 11,804 calls for service. Officers made 381 arrests, 165 of which were for DUI. 1,953 traffic citations were issued between January and June of this year, and 125 traffic accidents were reported. Officers also issued 34 7 parking citation most of which were over the 2nd quarter and in response to illegal beach related parking. The Animal Control Division received 750 calls during the six months, issued 46 citations, and impounded 112 animals. Personnel AGENDA ITEM# 4E SEPTEMBER 8, 2014 Currently the Police Department has 1 police officer vacancy, however during the first two quarters we operated with 3 patrol vacancies which resulted in less productivity. Training The Department is deeply committed to providing quality training to all its employees. In the first two quarters of2014, 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 • AR -15 Armorer Course • Dispatcher FTO Program • Linx End User training • Recovery from Disaster: the local government mle • Managing the Accreditation Process • Glock Armorer course • Field Training Officer Certification • NIMS ICS 300 • UCR Training • Detective Academy • Narcotics and Dangerous Drugs • IPMBA Police Cyclist Course 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 Part I Crimes 2nd 2nd Quarter 2nd Quarter 2nd Quarter 2nd Quarter 2013-2014 Year to Date 1 Year to Date Year to Date 'e to Date Year to Date 2013-2014 Quarter 2011 2012 2013 2014 Comparison 2010 2011 2012 013 2014 Comparison 2010 i I -Murder 0 0 0 0 0 0%1 0 ~ 0 0 0 0 0% Rape 4 5 t 0 4 4 0% .;l 8 1 4 5 25% Robbery 10 5 7 3 4 33% 10 8 8 6 8 i 33% Aggravated Assault 6 10 9 13 10 -23% 14 26 16 21 15 -29% Burglal)l 32 25 17 17 ' 18 6%1 sc 39 34 29 1 38 31% Larceny 90 93 70 66 75 14% 1~ 152 126 109 118 8% Auto Theft 9 6 2 4 6 SO% 12 10 3 7 8 14% Total 151 144 105 lOS 117 8% 234 243 188j tn 192 8% I Calls for Service 8069 ns7 5523 6216 6288 1% 15.139 14090 10682 11786 118~ 0% TOTAL ARRESTS 215 228 239 196 216 1 10% ~09 448 435 399 381 -5% OUIArrests 74 55 1 56 56 102 82% 15~1 129 121 126 165 31% --Traffic Citations 1122 1036 994 1362 1086 -20% 22751 2229 1991 2732 1953 -29% Auto Accidents 75 71 72 n 74 -4% 119 121 132 141 125 -11% Emergency Response Time Average 2 mm 6 sec 2 min 32sec 3 mtn 11 sec 2 mtn 54 sec 2 mm 16 sec l 1 mm. 25 sec. 2 min 27 sec 2 mtn 57 sec 3 min lsec 2 min 32 sec Stolen Property s 1S9.0o7 s 163,744 s 103,084 $ 176,856 s 186,676 6% $ 310,936 $ 337,744 s 200,995 s 233,284 s 285,046 22% Recovered Property $ 54.826 s 108,982 s 21,049 $ 110,792 s 56,605 ! -49% s 69.458 $ 157,336 s 32.338 s 117,589 $ 82,742 -30% Recovery Percentage 34% 67% 20% 63% 30% 22% 47%, 16% 5096 29% I i Crime Suppression I I j Felony Arrests 8 16 10 8 3 -63% 18 30 14 ll • 8 -27% Misdemeanor Arrests lj 8 32 18 9 -50% 33 1 18 44 20 17 -15% Alcohol Deployment Arrests I 2 1 6 10 2 -80% 5 3 7 10 2 -80% Prostitution Arrests I 4 0 Oj 2 Ol -200% 21 0 0 2 0 -200% Animal Control Phone cans ! 686 643 595 387 369 -5% 1294 1191 1222 766 750 -2% Citations 66 86 31 41 29 -29% 135 153 78 85 46 -46% Animal Bites Reported 1 5 4 1 2 100% 5 9 6 3 6 100"/o Animals Impounded I ':27 107 98 75 1 60 1 -20% 2HI 191 1 189 144 112 -22% Fire Department BJsca~ I 240 247 1 2651 241 1 219 1 -9% .:Qi"l 441 1 497 415 468 13% Response Time I <442 4 28 4 m•n 17 sec 14 min 58 sec 4 m•n 52 sec I ~ 4 min 38 sec 4 mtn 32 sec 14 m•n 16 sec !4 min 39 4 mtn 55 sec Fire Calls I 44 72 521 31 ! 39 26% 57 103 106 54 72 33% Response Time I 4.05 4 36 4 m10 29 sec 4 min 09sec 4 m•n 39sec 'n:n 05 sec 4 m•n 37 sec 5 m•nO sec 4 min 14 sec 4 m•n 31 sec RESOLUTION NO. 14-09 AMENDED AGENDA ITEM # 6A SEPTEMBER 8, 2014 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING SEISMIC AIR-GUN TESTING IN THE ATLANTIC OCEAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida wishes to be a good steward ofthe coastal environment and its natural resources; and WHEREAS, seismic air-gun testing is being proposed for the exploration of oil and natural gas off the Atlantic coast; and WHEREAS, the use of air-guns to conduct these seismic tests threatens to hann and possibly kill fish populations, profitable fisheries and marine mammals, including the critically endangered Nmth Atlantic right whale whose population stands at 500 whales in the entire world; and WHEREAS, seismic air-guns fire intense blasts of compressed air, almost as loud as explosives, at a rate of every one to twelve seconds, twenty-four hours a day for days and weeks on end. The seismic air-gun blasts can be heard for hundreds of miles in the ocean and may drive whales to abandon their habitats, go silent and cease foraging over vast areas. At shorter distances, seismic air-guns may cause permanent hearing loss, injury, and even death for whales, dolphins, sea tmtles and fish; and WHEREAS, the proposed seismic air-gun testing will result in serious negative impact to our marine resources which fonn the foundation of economic vitality for communities all along the Atlantic Coast; and WHEREAS, tourism is a major economic force in the City of Atlantic Beach and offshore drilling poses a major threat to our coastal economy and natural resources and, should a RESOLUTION NO. Page 1 of2 AMENDED AGENDA ITEM # 6A SEPTEMBER 8, 2014 spill occur, the natural environment that suppmis our local economy would be severely damaged and the quality of life that both residents and visitors have come to expect would be negatively affected for the foreseeable future; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA opposes seismic air-gun testing and urges the President's Administration to stop this process and focus on ensuring the vitality of vulnerable local economies along the Atlantic Coast because we cannot continue to put our ocean, environment, beaches, marine resources and local economies at risk. This Resolution shall take effect immediately upon its final passage and adoption. DULY ADOPTED AND PASS ED during a regular meeting by the Atlantic Beach City Commission this gth day of September 2014. ATTEST: DONNA L. BARTLE, City Clerk CAROLYN WOODS, Mayor, Presiding Officer RESOLUTION NO. Page 2 of2 CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION MEETING STAFF REPORT AMENDED AGENDA ITEM# 7 A SEPTEMBER 8, 2014 AGENDA ITEM: Public Hearings on adopting a Tentative Millage Rate and adopting Ordinance #20-14-128 establishing the Operating Budget for fiscal year 2014/2015. SUBMITTED BY: Nelson VanLiere, City Manager DATE: August 17, 2014 BACKGROUND: In order to adopt a millage rate and operating budget, the City Commission must adhere to a strict process per state law. Please find attached an outline for the public hearings to be held on September 8t\ 2014 in the Commission Chambers at 6:30pm as was noticed to all property owners by the Duval County Property Appraiser's Office. The format is the same as in previous years and is to be read into the record as presented in order to assure compliance with the TRIM laws (s.200.065, F.S.). Prior to these hearings, the City Manager presented a Proposed Operating Budget and held two public workshops to review and make adjustments with the City Commission's guidance. The Proposed Operating Budget is funded using the millage rate of 3.3285 mills. This is a 4.95% increase over the roll back rate. Attached is a schedule of changes made to the proposed budget to arrive at the final budget. These changes were discussed in the budget workshops. There will be a second public hearing for the final adoption of the millage by resolution and a second public hearing for the final adoption of the Operating Budget, Ordinance #20-14-128, on September 22nd, 2014 at 6:30 in the City Commission Chambers. RECOMMENDATION: 1.) Hold two public hearings as described in the attached outline to approve both the Tentative Millage Rate of3.3285 mills and the Operating Budget Ordinance #20-14-128 with total expenditures of$30,752,338. 2.) Set the Time and Date of the Second Public Hearing at September 22, 2014 at 6:30pm. In the Commission Chambers of City Hall ATTACHMENTS: Agenda for Public Hearings Ordinance # 20-14-128 Budget Summary of all Funds Schedule: Schedule A: Changes from Proposed Budget to Final Budget \ REVIEWED BY CITY MANAGER: =-J1 {/~ ,2~ AMENDED AGENDA ITEM# 7 A SEPTEMBER 8, 20!4 ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR 2014/2015 First item to be considered: Adoption of a Tentative Millage Rate State the following: The Millage Rate is 3.3285 The Tentative Millage Rate is 3.3285 The Roll-Back Rate is 3.1715 The Tentative Millage Rate is 4.95% more than the roll back rate. The purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion to adopt a Tentative Millage Rate for operating purposes of 3.3285 Open Public Hearing Close Public Hearing and Vote Second item to be considered: Ordinance #20-14-128 establishing the Operating Budget for fiscal year 2014/2015 of 30,752,338 Motion to adopt Ordinance #20-14-128 establishing the Operating Budget for fiscal year 2014/2015 Open a Public Hearing Close Public Hearing and Vote ORDINANCE NO. 20-14-128 AMENDED AGENDA ITEM# 7A SEPTEMBER 8, 2014 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 8, 2014, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2014 and ending September 30, 2015 in the amount of$30,752,338. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2015 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this __ day of September 2014. Passed by the City Commission on second and final reading this __ day of September 2014. Carolyn Woods Mayor I Presiding Officer Approved as to form and correctness: Richard Komando, Esquire City Attorney ATTEST: Donna L. Bartle City Clerk City of Atlantic Beach Combined Summary of Revenues and Expenditures Summary of all Funds Actual Actual Estimate 2011-2012 2012-2013 2013-2014 Cash Forward 32,307,612 37,492,961 39,178,616 Revenues General Fund 10,897,298 11,109,664 11,144,461 Special Revenue Funds 1,806,722 1,486,434 1,453,376 Debt Service Fund 73,548 69,791 0 Capital Project Fund 602,658 (54,636) 427,779 Enterprise Funds 16,796,922 11,505,531 12,210,109 Trust and Agency Funds 4,552,027 3,177,000 3,545,023 Total Revenues 34,729,175 27,293,784 28,780,748 Other Financing Sources 591,427 164,214 0 Total Resources 67,628,214 64,950,959 67,959,364 Expenditures General Fund 10,430,632 10,748,328 11,378,443 Special Revenue Funds 2,047,749 1,038,260 1 ,459,145 Debt Service Fund 70,783 72,028 73,113 Capital Project Fund 25,116 0 215,658 Enterprise Funds 15,967,357 11,058,952 13,514,558 Trust and Agency Funds 1,428,381 1,638,006 1 ,944,158 DIVISION TOTALS 29,970,018 24,555,574 28,585,075 Other Financing Uses 165,235 1,216,769 0 Cash Reserves 37,492,961 39,178,616 39,374,289 Total Expenses and Cash 67,628,214 64,950,959 67,959,364 Resource Allocation Personnel Services 9,407,213 9,313,425 9,385,391 Operating Expenses 10,151,562 9,710,684 10,990,287 Capital Outlay 6,873,101 1,751,996 4,268,848 Debt Service 1 ,870,160 2,450,015 2,309,076 Transfers 1,667,982 1,329,454 1,631,473 Total 29,970,018 24,555,574 28,585,075 AMENDED AGENDA ITEM# 7 A SEPTEMBER 8, 2014 Proposed Budget Increase 2014-2015 {Decrease) 39,374,289 195,673 11,327,175 182,714 1 ,428,149 (25,227) 0 0 230,000 (197, 779) 11,686,252 (523,857) 3,568,124 23,101 28,239,700 (541,048) 0 0 67,613,989 {345,375} 11,419,689 41,246 1,809,207 350,062 0 (73, 113) 2,925,000 2,709,342 12,887,444 (627,114) 1,710,998 (233, 160) 30,752,338 2,167,263 0 0 36,861,651 {2,512,638} 67,613,989 {345,375} 9,759,268 373,877 10,794,339 (195,948) 6,702,986 2,434,138 2,147,535 -161,541 1,348,210 -283,263 30,752,338 2,167,263 Schedule A AMENDED AGENDA ITEM# 7 A SEPTEMBER 8, 2014 Changes from Proposed Budget to Final Budget REVENUES: Originally Proposed Revenues: General Fund Charges for Services -Internal Services Charges Revised Final Budgeted Revenues EXPENSES: Originally Proposed Expenses: General Fund City Manager -Salary Benefits Building Maintenance-building repairs Public Works -Streets -Bike Racks and Safety Lighting Information Technology Off-site server capabilities Additional video meetings General Government -Grant writing Services Total General Fund Building Code Enforcement -Internal Service Charges Public Utilities -Internal Service Charges Sanitation-Internal Service Charges Pension Funds -Internal Service Charges Stmm Water Utility -Internal Service Charges Revised Budgeted Expenses: Item not included: Acquisition of marsh front property located directly adjacent to Tideview Preserve at 280 Camelia Street, Atlantic Beach $28,223,617 16,083 $28.239.700 $30,585,488 $15,200 16,062 50,000 20,000 10,000 3,000 36,000 $150,262 771 11,320 2,754 79 1,664 $30.752.338 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF RE:PORT AGENDA ITEM# 7B SEPTEMBER 8, 2014 AGENDA ITEM: Ordinance No. 5-14-61: Amending Chapter 2 of the Code of Ordinances, Admfuistration, Article II, City Commission, Sec. 2-16, Time and Place of Regular meetings, to provide for two regular meetings. SUBMITTED BY: Nelson VanLiere, City Manager~ DATE: June 17, 2014 BACKGROUND: At the June 9, 2014 meeting, ·the City Commission discussed proposed · Ordinance No. 5-14-61 and decided to table the item until a full commission could be present and to give Staff the opportunity to make some adjustments to the presentation of the agenda items. As previously stated, the goal of the Staff and Commission is to work together to produce an agenda that is both informative to the public and allows for business to be efficiently carried on month to month. It is clear that giving ample time for the public to weigh in on important issues is a priority in Atlantic Beach. As a result of discussions from the previous meetings, Staff has come up with a better way to meet those needs. Upon approval of the attached ordinance, Staff can prepare agendas that will ensure items of significant importance are discussed thoroughly and that those of a routine nature can move forward. The attached outline entitled: Agenda Preparation Guidelines has been amended to reflect recent discussions and will be used as a guideline for agenda preparation. This chart indicates how each type of item is to be considered in the compilation of the agenda. Upon examination of the guidelines, you can see that most items, with the exception of Action on Ordinances and Miscellaneous Business items, woulcf. appear only once. Ordinances represent the creation of legislation and are required to be heard more than once. Miscellaneous Business items represent a variety of items with varying significance :fi:om agenda to agenda. In this Miscellaneous Business section of the agenda is where we propose to give special attention. As a solution to the problem of ensuring miscellaneous items are highlighted and discussed in a manner that gives appropriate attention to them, Staff reviewed the rules found in our code and determined that the existing agenda has a provision for this, but that it has not been used for this purpose. Item #3 on the Agenda Outline was placed there to consider any unfinished business from the previous meetings. Carryover items would be placed in this section of the agenda in the order that they appeared in a previous meeting. Items that originated in a special category such as Resolutions or Ordinances would stay in their respective agenda categories. The process would be to place the appropriate items on the agenda under. #8 Miscellaneo:us Business. They would be discussed and considered as items the commission would want to move forward to the next agenda. The subsequent meeting would then include those same items in #3 Unlmisht;Jd :Business section of the Agenda Outline. · BUDGET: AGENDA ITEM# 7B SEPTEMBER 8, 2014 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 to review the agenda before the meeting to allow for input and questions to be answered. This extra time will prove significant for those involved in the preparations for a meeting. The deadline for submission of all agenda items from either the Commission or staff, would be the Wednesday (13 days) prior to the commission meeting. The agenda would then be published and disbursed on the Friday after the deadline. All items to be considered on the agenda will be submitted by the deadline in final fonnat form. Also, as a result of the comments made at the May meeting, Staff has amended the proposed ordinance to reflect the original meeting time as 6:30p.m. In the event that the Commission chooses to call for a workshop, the expectation would be to have those on the same meeting nights as the regularly scheduled meeting unless specifically requested for another time. This will limit the strain on the commissioner's schedule to only two nights a month in normal circumstances. The shmier agenda and the expectation of doing City business two nights a month should streamline the process for everyone. No budget impact. RECOMMENDATION: Approve Ordinance No. 5-14-61. ATTACHMENTS: Staff Report dated April 18, 2014 Agenda Preparation Guideline Chart Ordinance No. 5-14-61 REVIEWED BY CITY MANAGER -n t/tU., ;1CbU Item Approval of Minutes Approval of Minutes Co urtes y of the Floor to Visitors Courtesy of the Floor Presentation Proclamation Unfinished Bu siness Miscellaneous items carried forward f rom the preceding meetings Consent Agenda Monthly Reports Quarterly Re port Annua l Report Written Report on a spec if ic project Declare Property Surp l us Award initial contract contract for Bid Award RFP Extend Contract when allowed for in the current terms. Committee Reports Committee Report Action o n Resolutions Reso lution Action on Ordinances Ordinance Misce ll aneous Busine ss Use-by-Exception · Waiver Approval of Contract with sign ificant importance and value Appointment of members to a sta nding Board or Committee Establishing an Ad Hoc Committee, then appointing its members City Manager City Manager Report Reports and/or Requests from City Commissioners and City Attorney Announcements Agenda Preparation Guidelines Purpose Requires Special Advertising Action No Informational-No Action No Informational-No Action No Ceremonial-No Action No Action No Acknowledge Rece ipt No Acknowledge Receipt No Acknowledge Receipt No Acknowledge Receipt No Action No Action No Action No Action No Informational No Action *No Action Yes Di sc ussion I Action Yes Di scussion I Action Yes Discussion I Action No Discussion I Action No Discussion I Action No Informational No Informational No Requires a Public Hearing for CC meeting? No No No No No No No No No No No No No No No *Yes Yes Yes No No No No No A GENOA ITEM# 78 SEPTEMBER 8, 20\4 Standard# of times needed on the agenda 1 N/A 1 1 1 1 1 1 1 1 1 1 1 1 1 2 **2 1 2 1 2 1 N/A Agenda Preparation Guidelines AGENDA ITEM# 7B SEPTEMBER 8, 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 (CDB) 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. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STt\ FF RI~I'ORT AGENDA ITEM# 78 SEPTEMBER 8, 2014 AGENDA ITI~l\1: Ordinance No. 5~ 14~61: Amending Chapter 2 of th~ Code of Ordin·unecs, Administrution, Articlu IL_, City Commis.-;ion, Sec. 2~ 16, Time ancJ Place of Regular meetings, to provide lbr two regulm· meetings. SUBM ITT EO BY Nd:-;on Vttn Liere; City Manager tiQ_ _____ _ D)A'l'E; April t 8, 2014 UACKGROUNU; On April 81I\ 2013, the City Commission approved Ordinanee No. 5-13-58 amending the Code to J'cplncc one ·of the two scheduled meetings per month with a workshop. This was done as n trial to addrcl.-ts complaints from the public thnt 111crc was not enough lime for dtizen input on the ngenda itt.::ms bdbre a vote. By workshopping the upcoming agenda, cHi:.::cns have more time nnd opportunity to be heard on all item.s beiotc a vote is cast. Stuff has worked veL'Y hard to make the tnmsition into the one meeting a mnnth sc11cdule successtul. However~ impkm011tntion of this new schedule hus b~;en extremely difficult thr st~tff. Aller careful consideration, we believe we have come up with an alternative thnt will ~ddrcss everyone's concerns. Below is il list of unintended consequences that have been a chaUcngc to stftff ~ince ttrc inci!ptlon of ll one nle!eting pe-r month schcdu)c. I. The agendas .m:e rQ!.tghly twice the size. This by itself would llot seem to he an issue. Pleaso consider thnt each item is impott\Int and is tho result of staff's hard work. The entire ugcnda must be indexed and pt~g.inated, copied and bound, Hemmed and Ulllonded, dishibutcd and linked to web pages. 1. Mcclings. fltg twice ns kmg. A direct result of t_hc lengthy ngenda is that the tncetings !alee t\vice as long because there <11'0 twice as many items to discuss. 3. Jho bureaucracy added to thc.J•ruxoval process slows thc~npproval of 1:outh1C items down. For many important itemsl we recognize it is important to !:ilow down and heur comments more thnn m'lcc. Routine items~ however, arc held up in tha same timeline and ·arc not able to move forward de~pitc lillie o1· no comments froJn the dtizcns. Consent item~ take only a ti::w minutes to puss in fhc meeting, but n full three to fbu1' weeks to go through the entire atJproval process. 4. §taff prcpal'Ution seemingly never ends. As St?ff prepares fDI' Cmnmissi()n meetings. we wdte proposals and research n tremendous amount ofinfimnotion in pt·epamtion tor the meeting. Items of routine natme are discussed twice, more important items four limes and sometimes~ if defenetl or as the result ot' nn initial proposal that led to tho ac1ion, the agenda ilcm may need to be fresh in our minds for six weeks t)S new items accumulate. We need to be ablo to take action and move forward. · 5. Eyg.[Y Agendn has been amended. Since the inGeption of the one meeting schedule, we have had numerous special en lied meetings and every works hopped agenda has been amended. As staff hies to mnke progress on .vrojccts or contracts, we sit and wait through long workshops where no nction can be taken, there was no discus:-:ion or commc11ts und yel we nmst wail anothet'lwo weeks for ~m approval. AGENDA ITEM# 78 SEPTEMBER 8, 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 forinat 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 bad numerous complaints about the citizens not being able to hear the Commissioners when they ai:e 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, Co:m:mission 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 ~other 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 talces place and this is the meeting the Commissioners need to be b"est prepared for. The agenda is received two to tlu:ee business days ahead of the workshop. Of course they can prepare over the weekend and have four or five days max. This gives commissioners only a few days to meet with staff to get questions answered and we are busy getting ready for the meeting too. Solution: The solution being proposed is to return to two regular meetings a month, move the agenda deadline up to allow for publicizing the agenda a minimum of 10 days prior to the meetings, and start the meetings 30 minutes earlier. Below are the reasons this approach would work in reference to each of the above items. • Items 1 and 2 are. addressed because the meetings will occur more often, each agenda is smaller and therefore the meetings will be shorter. Also, returning to a starting time for the meetings of 6:00 p.m. wo"J)ld 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 ;:1pproved 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 approva~ 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 AGENDA ITEM # 7B SEPTEMBER 8, 2014 the Hu.mnn Rights OrdiiHmce, may. be discussed in n separate workshop. This has nhvays been an option. 6 Item 7-All•ncctings can take place fn the fom1nl se1ting \Vlth the exception of the workshops called to discuss chosen items of significnnc~. Th.:: quality of the video will be better for lho viewing public und the professionalism will be cnlumct::1d. Worl<shop settings should bo f(.)r htt\.)1111nl discu:mions of a limited number of topics. 9 Hem 8 -The fear of misHing a meeting deudlinc will be greatly L'cduced when there will be flnother meeting within n few wcel<s. a ltem 9 -The change to .the agenda. process will allow Commissioners, staff, citl:;-;cns nttd the press to t'eceive the ngcndn at leusl ·1 0 days in mivancc of the meeting. This will allow Commissioners two weekends to review nnd ample lime to talk with citizens ami gel \Vi Ill stall It will allow stoff tQ research and answcl' 11dditionul conce·rns of citizens after l'euding the reports. The agenda will be published tbt~ t·ho public to review and !'llhl'fis nvailnbl0 to address concerns bclbro the meeting ten· over a week It will allow the proos to publish information about item::: of interest prior lo the meeting. This will lend to a better int<mncd public and Commission and in turn lend to hcller dedsionmnking. Keep in J\lind that wo lmv~ implemented ·other procccllii'CN to enhance communications with the citiz~ns since the one meeting schedule wns fmlJicmenlcd. We ore now videoti1ping meetings and providing clcctnmic agendas for ·commissioners to use on city provided iPads. Management now encourages commissioners to direct! y seck answers from staff if needed. This tmhance.s tht: response time when ·gathering intonnuLion for mecti11g preparations. BUDGir!'~ No budget impact. RICCOMMENDATION: Approve Ordinance No. 5~14-61 ATTACHMENTS: .Ordinance No. 5-14-61 RJ~VIEW~l:D·BY CITY MANAGER;£/(J";r,;:ir.:::1 r~. ORDINANCE 5-14-61 AGENDA ITEM# 7B SEPTEMBER 8, 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 of the City of Atlantic Beach, Florida, is hereby amended to read as follows: Sec. 2 16. Time and place of regular meetings and scheduled workshops. (a) The regular meetings of the city commission shall be held on the second Monday of each month. (b) Scheduled workshops of the city commission shall be held as follows: (1) In the months of January 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 workshops of the city commission shall be held in city hall at 6:30p.m. (d) If the second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop shall be held on Tuesday immediately following 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 fomih Mondays of each month, except December, in city hall, at 6:30 p.m. If the second or fourth Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. SECTION 2. This ordinance shall take effect immediately upon its final passage and adoption. PASS ED by the City Commission on first reading this 11th day of August 2014. PASSED by the City Commission on this second and final reading this __ day of __ 2014. ATTEST: Donna L. Bartle, CMC City Clerk Approved as to form and correctness: Rich Komando City Attorney Carolyn Woods Mayor, Presiding Officer AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Recruitment of Grant Writing Firm AGENDA ITEM# SA SEPTEMBER 8, 2014 SUBMITTED BY: Catherine Berry, Esq., Director of Human Resources CD DATE: August 15, 2014 STRATEGIC PLAN: None BACKGROUND: The City issued RFP #14-08 for Grant Writing Services and received four proposals, one of which we had to disqualify for failure to submit the required forms. I have read and evaluated the other three proposals. 1. Langton Associates, Inc., 4830 Atlantic Blvd., Jacksonville, FL 32207 (904) 598-1368 The approach, methodology, experience and quality of the proposal submitted by Langton Associates was very good. In the last five years, the firm has acquired over $120 million in grant funding for its clients. It was obvious that they had knowledge of some of the needs of the City. The fact that they are headquartered in Jacksonville, fourteen miles from us, is an added bonus. As outlined in the proposal, there are two fee options: Option A is a pay-as-you-go approach, which was a little difficult to understand, but averages out at about $8000 per grant, with additional services offered as add-ons. Option B is an annual retainer and is for $36,000 per year and includes all of the services outlined, for a total of four grants. A fifth grant would be an additional $6,000, as would a sixth grant, but the annual fee would be capped at $48,000, regardless of the number of grants over 6. Both options are negotiable. 2. Fred Fox Enterprises, Inc., 26 Spanish St., St. Augustine, FL 32084 (904) 810-5183 This was also a quality proposal. This company has been in business for 30 years and states that approximately 90% of the applications prepared by them receive funding. In the last five years, the firm has been responsible for having been awarded the following in the State of Florida: 48 Small Cities Community Development Block Grants 5 Neighborhood Stabilization Program Grants 13 Florida Department of Agriculture Energy Grants 6 Disaster Recovery Initiative Grants 1 ACENDA ITEM #SA SE HEMJJER 8, 2014 The fee proposed by this firm is 3-5% of the grant amount being requested, contingent on the application receiving an offer of award from the funding agency . 3. Guardian Community Re so urce Management, Inc., 930 Marcum Road, Suite 3, Lake land, FL33809(863)937-9035 This proposal contained grammatica l mistakes that gave me pause, especia lly considering the service they would be providing on our behalf. Th e fee structure was also not clear to me. They were established in 2005 and, according to them, have successfully overseen and comp leted 270 federal and state grant projects, resu lting in over $700 million doll ars offunding for l ocal comm unity improvement projects for housing, infra structure, revitalization and j ob creation. All r esea r ch and documentation done in identifying the City's needs and in determining potential grant fund in g so urce s will be charged on an hourly rate, with a predetermined cap. The cost re lated to drafting indi vidual grant applications will be charged on a flat fee basis, payable upon deliverables (deliverab les isn 't defined, so I don't know if that is a grant su bmission or award). RECOMMENDATION: The Commission should first determine if we want to go down this road. It is the position of staff that we have this covered in-house. If the dec is ion is to proceed, the n ext step would be to determine the grant writing needs of the City and then determine which of the various delivery methods best meets those need s. The City Manager and City Attorney should then be directed to negotiate a co ntra ct with Langton Associates, In c. in line with the delivery method that is determ in ed to be the best for the City. If those negotiations are unsuccessful, it is recommended that they attempt to negotiate with Fred Fox Enterprises, Inc. I wou ld not recommend using Guard i an. ATTACHMENTS: BUDGET : Proposals from all three candidates are availab l e in el ectronic form by clickin g here. None. REVIEWED BY CITY MANAGER: __ :/7____,__._~_c_-_ __;;;;;{~'----__...;:_--=----- 2 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Renewa l of Employee Benefits -In s urance SUBMITTED BY: Catherine Berry, Esq., Directo r of Human ResourcesCB DATE: August 19, 2014 AGENDA ITEM# 8 8 Sl!.:f'TEMBER 8, 2014 BACKGROUND: Two years ago, our i ns urance broker, Harden and Associates, went to market to get the best ins urance coverage for th e City of Atla nti c Beach employees that th ey could find at the best rates. Last year, the Commission approved renewing those coverages for the 20 14 year at as close to the same plans as co uld be had for nearly the sa me premjums. BUDGET: Due to the increase in Jos s ratio experienced to date thi s year, we are looking at a la rge increase in premiums . Pro posed FY 20 15 Budget of$985,000 RECOMMENDATIONS: Authorize Hard e n and Associates to get upd ated quotes on all of our employee benefit and employee-paid insurance coverages to obtain the best coverage for th e best rates . REVlEWED BY CITY MANAGER: ~ ~ Lllh ; AGEND A ITEM: SVBMITIED BY: DATE: BAC KG ROUN D: B UD GET: C ITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Renewal of Liabi lity and W orkers' Co mpensa ti on In surance Ca th erin e Berry, Es q., Director of Hum an R esources ~ Au g us t 19, 2014 AGENDA I TEM #8C SEPT EM llE R 8, 20 14 T here are curre n t ly two carri er s th at· prov ide liability and w orkers' co mpensa tion co verage f or muni c ipaliti es: Preferred Gove rnm ent a l lns ur a nl.ie Tru st and Fl orid a Muni ci pa l Ins uran ce Tru st. Our in s urance broker, llard e n and Assoc iates, got bid s fr o m both carri ers la st year and th e Ci ty chose I'l orida Munic ipa l In suran ce Tru st for our Wo r ke rs' Co mpensat ion in s ura nce Hnd Preferred Governrn entHi ln surance T ru st (PO IT) for all oth er li abili ty cove rages . We have rece i ved pro mpt and effici en t service from both carriers and th ey ha ve p rovided exce ptional renewa l rates, fo r an overall premium increase ofjustu nde1· 3% f o r next year. P ubli c O ffi cia ls & Empl oyment Practi ces Li ability (EEOC Claims) A uto (we added II ca rs thi s yea r) Wor ke rs' Co mp ensa tio n Statut ory Benefit s: Acc id ent a l Death & Di sme mb erm ent Environm ent a l Lega l Liabil ity (three yea r pr emiu m paid in full ) Fi du ciary Li abilit y Floo d Pre mium in c rease o f just und er 3%, for a to ta l prem ium in crease of $11,80 7.49 (fr o m $42 6,447.82 in 20 14 t o $43 8 ,25 5.31 in 2 0 15). RECO MME ND ATI ONS: I. Appro ve re newa l of a ll li a bili ty and wo r ke rs' co mp ensati on in s uran ces for th e nex t yea r. 2. Autho ri ze C ity Man ager to s ign rela ted in s urance renewa l doc um ents. RE VI EWE D BY CITY MA NAGER : --n~ a(Ud., CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AG I!:NDA ITEM # 80 SEPTEMBER 8, 2014 AGENDA ITEM : Russell Park Tennis Court Reconstruction SUBMITIED BV : Doug las E. layton , P.E., y~s Dir~~.._c -- DATE: July 23, 201 4 U / STRATEGIC PLAN LINI<: Non e. BACKGROUND: Staff has obtained quotes to recon struct t ennis courts 1 and 2 at Ru sse ll Park from Court Surfaces, In c., citin g City of Jack sonville (COJ) Contract #9639: Sport Court Maintenance and Constru ctio n 2012, 2013 & 2014. Staff recommends pi ggy ba c king on the COJ contract as authorize d in City Code (Sect . 2-336 (6)). Quotes were obtain ed for recon stru cting with a h ard surface as currently exi sts on all city t ennis courts and for convertin g to a cus hioned playing surface (Pie xipave). Becau se of the nearly $25,000 i ncrease d cost for the cush ioned surface, Staff re co mmends r econstruction with a standard playing surfa ce. BUDGET: The current y ea r budget includes $100,000 in Parks Maintenance account 001- 6020-572-6300 to reco n str uct tenn is courts 1 and 2 at Russell Park. RECO MMENDATION: Staff recommends the Commission approve piggy backing on the COJ contract and authorize the City Manager to approve a purchase order for $71,926 for resurfaci n g of Tenni s Courts 1 & 2 at Russell Park and als o authorize approximately 5% as a contingency fund for a total of $75,000. ATTACHMENT: (1) Quotes from Court Surfaces, In c., citing City of Jacksonvill e Contract #9639: Sport Court Maintenance and Construction 2012, 2013 & 2014 REVI EW ED BY CITY MANAGER: ~ j/ lila, dt?t?' Locadon Addteso CO!liDCl Item No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 29 30 R eq ues tf p or urc h ase Od f C rtSrf r er or ou u aces, nc AGENDA ITEM 1180 SEPTEMBER 8, 2014 City of Jacksonville Contract #9639: Sport Court Maintenance and Construction 2012, 2013 & 2014 Juck Ru sse ll Park Courts 1 & 2 No. of COUtiS 2 Dole 4/9/14 800 Seminole Road, Atlantic Beach, Fl 32233 Typo tennis Tim PhOne Surfaced new asphalt P.O.# D escription Unit Estimated Unit Cost Total Cost Quanity Sport Court Re -S urfacing SY $7.32 Sport Court Surfacing SY 1,440 $7.07 $10 180.80 Sport Court Leveling SY $11 .55 Tennis Court Re-Striping EA $592.00 Tennis Court Striping EA $527.00 Basketball Court Re-Striping EA $632.00 Basketball Court Striping EA $737.00 Mi se Playing Line Re -Striping LF $1.79 Mise Playing Line Striping LF $2 .00 Concrete Court (Portland Cement, 5" depth) SY $40.25 Concrete Court (Portland Cement, Additional1" depth) SY $4.15 Concrete Court (Asphaltic, Finish Type Ill or FC-12 .5, 1" SY 2,160 $14.84 $32,054.40 depth) adding 1.5" new asphalt Concrete Court (Asphaltic, Structural-SP-1, SP-12.5 or ABC-SY $14.84 3, 1"depth) Stabilize Subgrade (12" depth) Adding 8' by 120' for proper SY 107 $10.00 $1,070.00 court dimemslons Limerock (4" depth ) Adding 8' by 120' new area for proper court dimemsions (107 sy at 4") and 2" over entire area SY 827 $10.53 $8,708.31 for better elevation and drainage (1440/2 sy for 2") Limerock (additional1" depth) SY $1 .58 Over-Excavation CY $20.85 A-3 Fill (Contingency, Delivery, Hauling & Placement CY $12.64 No. 57 Stone (Delivery, Hauling and Placement CY $70.53 Asphalt ic Concrete Removal CY $37.90 Portland Cement Concrete Removal CY $37.90 Asphalt Milling ( 1" depth) SY 1,440 $9.90 $14 256 .00 Pressure Washing SY $0.50 Grass Sod (St. Augustine) SY $22 .50 Grass Sod (Bahia) SY $21.80 Seed and Mulch SY $20.50 Mi se Court Furnishing (Labor, 2 man crew) See Appendix 1 HR 79 $44.00 $3,476.00 Mise Court Furnishing (Material(s)) See Appendix 2 EA 1,734.00 1.2 $2 080.80 Mise Court Furnishing (Equipment, $100 rental cost incl EA 0 $100 operato r) See Appendix 3 Project Records (per project site) EA 1 $100 $100.0D - Total Base Bid (Items 1 -30) I $71 926.31 '-----) CS I -Request for Purchase Order Page Two Notes: Jack Russell Park Courts 1 & 2 4/9/14 We recommend rebuilding of these two courts after at least the pine tree and some of the palms are removed by others. The fence will be taken down as necessary for acces s, stored on s ite and r einstalled after paving . Fence wire taken down will be re-Installed with the top reversed to the bottom for better appearance . Courts are undersized 100' by 121' and will be brought to minimum USTA standard dimensions or 108' by 120' by adding approximately 8' by 120' down to the west side by excavating the new area, compacting the sub grade, adding 6" of compacted base materials and adding 1.5" of new aspha l t. The existing aspha lt surface will be milled In place, 2" of new compacted base materials will be added, mlxled with milled asphal t, compacted, graded and 1.5" of new asphalt over the prepared area and the edges will be saw cut to form now 1 08' by 120' court. Both sets of net post bases will be removed and new sleeves will be installed in new concrete In their proper location. Two new sets of net posts, two new center anchor pipes in concrete, two new tennis nets and two new center straps will b e Installed. A new color playing surface and lines for two tennis courts will be installed. Appendix 1 -Line #27 Labor Detail Mise Court Furn ishing (Labor, 2 man crew) Remove and replace 4 net post bases and 2 center anchor posts in new concrete with new sleeves and anchors, install two new sets of net posts and two nets with center straps Take down existing fence as necessary for access and re- Install after paving, (re-installed fence wire will be reversed bottom to top for appearance Total Mise Court Furnishing (Labor, 2 man crew) A d' 2 L ' #2 F 1ppen ix -1ne 8 urnishings D etail Mise Court Furnishing (Material(s)) Remove and replace 4 net post bases and 2 center anchor posts In new concrete with new sleeves and anchors, install two new sets of net posts and two nets with center straps Take down oxistlng fence as necessary for access and re- Install after paving, (re-installed fence wire will be reversed bottom to top for appearance Total Mise Court Furnishing (Materi al(s)) A d' 3 L' #29 E . R t I D t 'I \ppen IX -1ne :Q ulpm en t en a e a1 Total Mise Court Furnishing (Equipm ent, $100 rental cost incl operator) HR 13 $44.00 $572.00 HR 66 $44.00 $2,904.00 HR $44.00 HR $44.00 HR $44.00 79 $44.00 $3 476.00 EA 1,213.00 1.2 $1,455.60 EA 521 .00 1.2 $625.20 EA 1 .2 EA 1.2 EA 1 ,734.00 1.2 $2,080.80 EA $100 EA $100 EA $100 EA 0 $100 $0 .00 Localion Address Conllcl Item No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 29 30 R tf p or eques urc h ase r er or ou u aces, Od f C rtSrf nc AG EN OA ITEM# 80 SEPTEM OER 8, 20 14 City of Jacksonville Contract #9639: Sport Court Maintenance and Construction 2012 ,2013 & 2014 J ack Ru ssell Par k Courts 1 & 2 wiCu slllon No.of co..-1> 2 DolO 4/21/14 BOO Sem l nolo Roa d, At lantic Beach , FL 32233 Type tennis Tim Pho n a Surfaced new asphalt P .O.# Descripti o n Unit Estimated Unit Cost Total Cost Quanity Sport Court Re-Surfacing SY $7.32 Sport Co urt S urfacing SY 1440 $7.07 $10 180.80 Sport Court Leveling SY $11 .55 T enni s Court Re-Striping EA $592.00 Tennis Court Stri ping EA $527.00 Basketball Court Re-Striping EA $632.00 Basketball Court Striping EA $737.00 Mise Playing Line Re-Striping LF $1 .79 Mise Playing Line Striping LF $2.00 Concrete Court (Portland Cement, 5" depth} SY $40 .25 Concrete Court (Portland Cement, Additional 1" depth) SY $4.15 Concrete Court (Asphaltic , Finish Type Ill o r FC-12.5, 1" SY 2,160 $14.84 $32,054.40 depth) adding 1.5" new as phalt Conc rete Court (Asphaltic, Stru ctural -SP-1 , S P-12.5 or ABC-SY $14.84 3, 1" depth) Stabil ize Subgrade (12" depth) Adding 8' by 120' for proper SY 107 $10.00 $1,070 .00 c ourt ditnem s ions Llmerock (4" depth) Addi ng 8' by 120 ' new aroa for proper court dime msions (107 sy at 4") a nd 2" over entire ar ea SY 827 $10.53 $8,708.31 for better e le vation and drainage (1440/2 sy for 2") Limerock (additional1" deoth) SY $1.58 Over-Excavation CY $20.85 A-3 Fill (Contingency, De livery, Hauling & Placement CY $12 .64 No. 57 Stone (Delivery, Hauling and Placement CY $70 .53 Asphaltic Concre te Removal CY $37.90 Portland Cement Concrete Removal CY $37 .90 Asphalt Milling ( 1" depth) SY 1 440 $9.90 $14 256.00 Pressure Washing SY $0 .50 Grass Sod (St. Augustine) SY $22 .50 Grass Sod (Bahia) SY $2 1.80 Seed and Mul ch SY $20.50 Mise Court Furnishing (Labor, 2 man crew) See Appendix 1 HR 14 4 $44.00 $6 ,336.00 Mise Court Furnishing (Material(s)) Se e Appendix 2 EA 19,950.00 1.2 $23 940.00 Mise Court Furnishing (Equ ipment, $100 rental cost lncl EA 0 $100 opera tor) See Appendix 3 Project Records (per project si te) EA 1 $100 $100.00 Total Base Bid (Item s 1 -30) $96 645.51 I CS I -Request for Purchase Order Page Two Notes: Jack Russell Park Courts 1 & 2 w/Cushion 4/21/14 We recommend rebuilding of these two courts after at least the pine treeand some of the palms are removed by others. The fence will be taken down as necessary for access, stored on site and reinstalled after paving. Fence wire taken down will be re-Installed with the top reversed to the bottom for better appearance. Courts are undersized 'TOO' by 121' and wn1 be brought to minimum USTA standard dimeslons of 108' by 120' by adding approximately 8' by 120' down to the west side by excavating the new area, compacting the sub grade, adding 6" of compacted base materials and adding 1 .5" of new asphal t. The existing asphalt surface will be milled in place, 2" of new compacted base materials will be added, mixled with milled asphalt, compacted, graded and 1.5" of new asphalt over the prepared area and the edges wil l be saw cut to form new 1 08' by 120' court. Both sets of not post bases will be removed and new sleeves will be Installed In new concrete in their proper location. Two new sets of net posts, two new center anchor pipes In concrete, two new tennis nets and two new center straps will be Installed . A new color cushioned playing surface consisting on one coat of acrylic resurfacer, three coats of Pfexlpave Cushion Base, three coats of Plexlpave Cushion, three coats of fortified Plexlpave Color Coatings and lines for two tennis courts will be Installed. Appendix 1 -Line #27 Labor Detail Mise Court Furnishing (Labor, 2 man crew) Remove and replace 4 net post bases and 2 center anchor posts in new concrete with new s leeves and HR 13 $44.00 $572.00 anchors, install two new sets of net posts and two nets with center straps Take down existing fence as necessary for access and re- Install after paving, (re-installed fence wire will be HR 66 $44.00 $2,904.00 reversed bottom to top for appearance Convert standard acrylic color playing surface by deleting one coat of resurfacer, adding 3 coats of Plesipave Cushion Base material, adding 3 coats of HR 65 $44.00 $2,860.00 Plexipave Cushion material and one additional coat of color coating to line two in the base bid. Total Mise Court Furnishing (Labor, 2 man crew) 144 $44 .00 $6 336.00 A d ' 2 L. #28 F . h" ppen 1x -1ne urn1s 1ngs D 'I eta1 Mise Court Furnishing (Material(s)) Remove and replace 4 net post bases and 2 center anchor posts in new concrete with new sleeves and EA 1,213 1.2 $1,455.60 anchors, install two new sets of net posts and two nets with center straps Take down existing fence as necessary for access andre- install after paving, (re-installed fence wire will be EA 521 1.2 $625.20 reversed bottom to top for appearance Convert standard acrylic color playing surface by deleting one coat of resurfacer, adding 3 coats of Pleslpave Cushion Base material, adding 3 coats of EA 18,216 1.2 $21 ,859.20 Plexipave Cushion material and one additional coat of color coating to line two in the base bid. Total Mise Court Furnishing (Material(s)) EA 19,950 1.2 $23,940.00 Appendix 3 -Line #29 Equipment Rental Detail EA $100 EA $100 Total Mise Court Furnishing (Equipment, $100 rental cost incl EA 0 $100 $0.00 operator) ORDINANCE NO. 95-14-108 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES, TO PROHIBIT DISCRIMINATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 8G , ; . SEPTEMBER 8, 2014 WHEREAS, the City Commission of the City of Atlantic Beach, Florida, recognizes individuals within the City should be free from discrimination based upon race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression; WHEREAS, the City Commission of the City of Atlantic Beach, Florida, wishes to protect each citizen's interest in personal dignity and to preserve the public safety, health and general welfare of the City; WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is necessary to amend Chapter 9 of the Atlantic Beach Code of Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Chapter 9 of the Code of Ordinances, of the City of Atlantic Beach, Florida, is hereby amended to read as follows: ARTICLE I. IN GENERAL Sec. 9-1. Purpose. To promote a City where individuals are free from discrimination based upon race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression. Sec. 9-2. Definitions. ORDINANCE NO. 95-14-108 Page 1 of 16 Whenever used in this chapter, the following words and terms shall have the following meanings unless the context necessarily requires otherwise: Aggrieved individual shall mean any individual who claims to have been injured by a discriminatory practice. Discriminatory practice shall mean any practice or act made unlawful or which is otherwise prohibited by this chapter. Dwelling shall mean any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location of any such building, structure or portion thereof. Family shall include a single individual. Gender expression shall mean an individual's gender-related appearance and behavior, whether or not that gender expression is or is perceived to be different from that traditionally associated with the individual's assigned sex at birth. Gender Identity shall mean an individual's gender-related identity, whether or not that identity is or is perceived to be different from that traditionally associated with the sex assigned to that individual at birth. National origin shall mean the national origin of an ancestor or the country of origin of an individual's forebears, naturally, by marriage or by adoption. ORDINANCE NO. 95-14-108 Page 2 of 16 AGENDA ITEM # 8G SEPTEMBER 8, 2014 Person shall include one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trust, unincorporated organizations, trustees in bankruptcy, receivers, and fiduciaries. Places of public accommodation shall mean any establishment, service, place or building which offers, sells, or otherwise makes available to the public any good, service, facility, privilege or advantage. The following shall not be considered places of public accommodation: private clubs or establishments not open to the public other than members of the club or establishment, and facilities and accommodations owned or operated by religious organizations, associations, societies, or non-profit organizations operating or controlled by a religious organization, where the facilities and accommodations are made available to members of that religion but not to the public. Religious organization shall include a religious corporation, association or society. To rent shall include to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. Sexual orientation means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. Sec. 9-3. Prohibited conduct. ORDINANCE NO. 95-14-108 Page 3 of 16 AGENDA ITEM# 8G SEPTEMBER 8, 2014 Subject to the exceptions set out in this article, it shall be unlawful for any person to do any of the following acts: (1) No person or employment agency shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression. (2) No person shall discriminate against any individual in any aspect of any credit transaction, or in any terms and conditions of bonding because of the individual's race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression. (3) No person who owns, leases, rents, operates, manages or in any manner controls a public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public accommodation by any individual because of the individual's race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression. (4) It shall be unlawful for a person to retaliate or discriminate in any manner against an individual because such individual opposed a practice prohibited by this chapter or prohibited by existing federal or state law prohibiting discrimination; or to retaliate or discriminate in any manner against an individual because such individual has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or ORDINANCE NO. 95-14-108 Page 4 of 16 AGENDA ITEM# SG SEPTEMBER 8, 2014 conference under this chapter or under any federal or state law prohibiting discrimination. (5) It shall be unlawful to coerce, intimidate, threaten or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter. Sec. 9-4. Complaints. (1) An aggrieved individual may, under this article, file a complaint with the City Clerk and request a hearing before a special magistrate within sixty (60) days to determine ifthe alleged person committed a discriminatory practice prohibited by this article. If the special magistrate finds that a discriminatory practice has been committed or is about to be committed, the special magistrate may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the discriminatory practice including, but not limited to, a temporary or permanent i~unction or other equitable relief, a temporary restraining order, or an award of actual damages, including back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or other such relief as the special magistrate deems appropriate. (2) Either party may appeal the decision of the special magistrate by commencing a civil action in a court of competent jurisdiction provided, however, that such civil action must be filed no later than one year after the discriminatory practice is alleged to have been committed. ORDINANCE NO. 95-14-108 Page 5 of 16 AGENDA ITEM# 8G SEPTEM.l;Jij:R 8, 2014 (3) If, in a civil action commenced under this article, the court finds that a discriminatory practice has been committed or is about to be committed, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the discriminatory practice including, but not limited to, a temporary or permanent injunction or other equitable relief, a temporary restraining order, an award of actual damages, including back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or other such relief as the court deems appropriate. Sec. 9-5. Exemptions. Nothing in sections 9-1 through 9-4 shall apply to: (1) Sovereign immunity: (a) Pursuant to Article X, Section 13, Florida Constitution, nothing in this chapter shall be deemed to be a provision for bringing suit against the state or otherwise be deemed to be a waiver of sovereign immunity. (b) Nothing in this chapter shall be construed to prohibit any sovereignly immune entity from adopting its own internal policies and rules to prohibit discriminatory practices and acts and to resolve allegations or complaints of such discriminatory practices and acts to the extent allowed by law. (c) Nothing in this chapter shall be deemed to modify, impair, or otherwise affect any other right or remedy conferred by the constitution or laws of the United States or the State of Florida, ORDINANCE NO. 95-14-108 Page 6 of 16 AGENDA ITEM# SG , . SEPTEMBER 8, 2014 and the provisions of this chapter shall be deemed to be in addition to those provided by such other laws. (2) Religious organizations: This article shall not apply to a corporation, association, educational institution, or society that is exempt from the religious discrimination provisions of Title VII of the Civil Rights Acts of 1964 pursuant to section 702(a) of such Act (42 U.S.C. 2000e- l(a)), or as such section may hereafter be amended. For purposes of this chapter, such corporations, associations, educational institutions, or societies shall include religious corporations, associations, educational institutions, or societies which condition opportunities in the area of employment to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenants or beliefs. (3) Employers: Notwithstanding any other provision of this article, it shall not be a discriminatory practice under this article to take or fail to take any action based upon the individual's race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression when a bona fide occupational qualification is reasonably necessary for the performance of employment to which such action or inaction is related. Employers are able to observe the terms of a bona fide seniority system, a bona fide employee benefit plan such as a retirement, pension, or insurance plan, or a system which measures earnings by quantity or quality of production, which is not designed, intended, or used to evade the purposes of this article. This article shall not be construed to make unlawful the rejection or termination of employment when the ORDINANCE NO. 95-14-108 Page 7 of 16 AGENDA ITEM# SG SEPTEMBER 8, 2014 individual applicant or employee has failed to meet bona fide requirements for the job or position sought or held, nor shall this article preclude such physical and medical examinations of applicants and employees as an employer may require of applicants and employees to determine fitness for the job or position sought or held. (4) Businesses: This article shall not apply to a corporation, professional association or business that employs fifteen (15) employees or less. (5) Rentals: This article shall not apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. Sec. 9-6. Criminal Acts Nothing in this article may be asserted or construed as a defense to any criminal act, prohibited by local, state or federal laws. Sec. 9-7. False Claims If a court of competent jurisdiction finds that an unsupported claim was filed by an individual claiming to be an aggrieved party, the party required to defend against the meritless claim shall be entitled to attorney's fees and sanctions pursuant to Section 57.105, Florida Statutes. Sees. 9-8-9-16. Reserved. ORDINANCE NO. 95-14-108 Page 8 ofl6 AGENDA ITEM# 8G SEPTEMBER 8, 2014 ARTICLE II. FAIR HOUSING Sec. 9-17. Prohibited conduct. Subject to the exceptions set out in this article, it shall be unlawful for any person to do any of the following acts: (1) To refuse to sell or rent after the making of a bona fide offer to do so or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, sex, religion, national origin, sexual orientation, gender identity or gender expression. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, color, sex, religion, national origin, sexual orientation, gender identity or gender expression. (3) To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, sex, religion, national origin, sexual orientation, gender identity or gender expression or an intention to make any such preference, limitation or discrimination. (4) To represent to any person because of race, color, sex, religion, national origin, sexual orientation, gender identity or gender ORDINANCE NO. 95-14-108 Page 9 of16 AGENDA ITEM # 8G SEPTEMBER 8, 2014 expression that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, sex, religion, national origin, sexual orientation, gender identity or gender expression. Sec. 9-18. Multiple listing services. It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation on account of race, color, sex, religion, national origin, sexual orientation, gender identity or gender expression. Sec. 9-19. Educational activities. The city manager is authorized and directed to undertake such educational and conciliatory activities as in his judgment will further the purposes of this article. He may call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions hereof and the suggested means of implementing this article. The city manager shall further endeavor, with the advice of the housing industry and other interested parties, to work out programs of voluntary compliance and may advise appropriate city officials on matters of enforcement. The city manager may issue reports on such conferences and consultation as it deems appropriate. ORDINANCE NO. 95-14-108 Page 10 of 16 AGENDA ITEM# 8G SEPTEMBER 8, 2014 Sec. 9-20. Complaints. (1) An aggrieved individual may, under this article, file a complaint with the City Clerk and request a hearing before a special magistrate within sixty (60) days to determine if the alleged person committed a discriminatory practice prohibited by this article. If the special magistrate finds that a discriminatory practice has been committed or is about to be committed, the special magistrate may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the discriminatory practice including, but not limited to, a temporary or permanent injunction or other equitable relief, a temporary restraining order, or an award of actual damages, including back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or other such relief as the special magistrate deems appropriate. (2) Either party may appeal the decision of the special magistrate by commencing a civil action in a court of competent jurisdiction provided, however, that such civil action must be filed no later than one year after the discriminatory practice is alleged to have been committed. (3) If, in a civil action commenced under this article, the court finds that a discriminatory practice has been committed or is about to be committed, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the discriminatory practice including, but not limited to, a temporary or permanent injunction or other equitable relief, a ORDINANCE NO. 95-14-108 Page 11 of 16 AGENDA ITEM# 8G SEPTEMBER 8, 2014 temporary restraining order, an award of actual damages, including back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or other such relief as the court deems appropriate. Sec. 9-21. Use of remedies of this article, other remedies. Nothing in this article requires any person claiming to have been injured by an act made unlawful by this article to exhaust the remedies provided herein; nor prevent any such person from seeking relief at any time under the Federal Civil Rights Acts or other applicable legal provisions. Sec. 9-22. Discrimination in the financing of housing. It is unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise the business of which consists in whole or in part of the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, sex, or national origin of the person or of any person associated with him in connection with the loan or other financial assistance or the purposes of the loan or other financial assistance, or because of the race, color, sex, religion, national origin, sexual orientation, gender identity or gender expression of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which the loan or other financial assistance is to be made or given. ORDINANCE NO. 95-14-108 Page 12 of 16 AGENDA ITEM# 8G SEPTEMBER 8, 2014 Sec. 9-23. Exemptions. Nothing in sections 9-17 and 9-22 shall apply to: (1) Any single-family house sold or rented by its owner, provided the private individual owner does not own more than four (4) single-family houses at any one time. In the case of the sale of a single-family house by a private individual owner who does not reside in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this paragraph shall apply only with respect to one ( 1) sale within any twenty-four-month period. In addition, the bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than four ( 4) single- family houses at any one time. The sale or rental of any single- family house shall be excepted from the application of this article only if the house is sold or rented: (a) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman or the facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of the broker, agent, salesman, or person; and (b) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of section 9-17(3). ORDINANCE NO. 95-14-108 Page 13 of 16 AGENDA ITEM# 8G SEPTEMBER 8, 2014 Nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as is necessary to perfect or transfer the title. (2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (3) For the purposes of this article, a person is deemed to be in the business of selling or renting dwellings if: (a) He has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; (b) He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or (c) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families. (4) Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the ORDINANCE NO. 95-14-108 Page 14 of 16 AGENDA ITEM # 8G SEPTEMBER 8, 2014 sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion in restricted on account of race, color, or national origin. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Sec. 9-24. Interference, coercion, or intimidation; enforcement by civil action. It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of, or on account of his having exercised, or on account of his having aided or encouraged any other person in the exercise of any right granted under this article. This section may be enforced by appropriate civil action. AGENDA ITEM# SG SEPTEMBER 8, 2014 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. 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 ofthe remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. ORDINANCE NO. 95-14-108 Page 15 of 16 PASSED by the City Commission on first reading this 14th day of July 2014. AGENDA ITEM# 8G SEPTEMBER 8, 2014 PAS SED by the City Commission on second and final reading this 11th day of August 2014. ATTEST: DONNA L. BARTLE City Clerk City Attorney ORDINANCE NO. 95-14-108 Page 16 of 16 AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90-Day Calendar for the Mayor and Commission AGENDA ITEM # 9A SEP!.¢M~ER 8, 2014 ' '\~ Yvonne Calverley, Executive Assistant to the City Managet;fe-- August 15,2014 None The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special note: • Special Called Meeting to adopt the millage rate and final budget is scheduled for Monday, September 22nd at 6:30pm. • The Annual Board and Committee Member Appreciation Reception is Thursday, October 2nd at 6:30pm. • Proposed date for the next Town Hall Meeting is Saturday, October 18th at 10 am in the Commission Chamber. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for September through November ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (September through November) CITY MANAGER: September 2014 SUNDAY MONDAY TUESDAY WEDNESDAY TH~RSDAY FRIDAY SATURDAY ' . 1 2 3 4 5 6 City Offices Closed 7 8 9 10 11 12 13 Commission Mtg 6 :30pm Newsletter Due Due Date for (Invoc-Daugherty) (Mayor) Agenda Items Videotaped 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Special Called Mtg 6:30 om Commission Workshop (Videotaped) 28 29 30 October 2014 ~-: --~gtQ~.A): ~ -; l\110~)~_,~\ ).: , ... , ~nfi ~SI)AY ......_...., e'<I&J _.,. L ... _ ... ___ ,;,._~--._.,. .. j.:. • -_ ..... -}2.~l)~mw _ ... -.:..~lit9~~.J~\! ... _ . __ ~ _ F~E~~ ~{ __ . --).~!\ J"Q~&.~it~-~ 1 2 3 4 Board and Committee Member Reception 6:30pm Adele Grage 5 6 7 8 9 10 11 Flu Shots 8 to 11 am Newsletter Due (Mayor) 12 13 14 15 16 17 18 Town Ha ll Commission Mtg Due Date for Meeting -I 0 am 6:30pm Agenda Items Chamber (lnvoc -Becken bach) (Tentath e) Videotaped I 19 20 I 21 22 ?~ _ _, 24 ,. -::> 26 27 28 29 30 31 Commission Workshop 6:30pm Videotaped November 2014 SUND:\Y MO~D .r\Y TUESD:\Y \\'ED~ESD :\Y THURSD:\Y FRlD:\Y S,\ TURD .. :\'). . 1 2 3 4 5 6 ~ 8 Newsletter Due (Mayor) 9 10 11 12 13 14 15 Commission Mtg Veteran's Day 6:30pm City Offices Due Date for (Invoc-Woods) Closed Agenda Items Videotaped 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Commission Workshop City Offices City Offices 6:30pm Closed Closed Videotaped 30