1-22-18 Agenda Packet
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
JANUARY 22, 2018 - 6:30 PM
FINAL AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of minutes
*A. Minutes of the regular Commission Meeting on December 11, 2017.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
None.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.
IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION
AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report for
December 2017 and Monthly Financial Reports for November and December 2017.
B. Approve the contribution request as recommended by the Cultural Arts and Recreation
Advisory Committee.
*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.
5. Committee Reports
*A. Environmental Stewardship Committee report on Beaches Town Center landscaping project.
6. Action on Resolutions
*A. Resolution No. 18-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
EXPENDITURE OF AN AMOUNT NOT TO EXCEED $43,334 FOR BEACHES TOWN
CENTER LANDSCAPING; APPROPRIATING $20,000 FROM THE PUBLIC WORKS
DEPARTMENT STREET DIVISION ACCOUNT AND $23,334 FROM THE CITY’S
CONVENTION DEVELOPMENT TAX ACCOUNT FOR THIS PURPOSE; AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY NECESSARY CONTRACTS AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
7. Action on Ordinances
None.
8. Miscellaneous Business
A. Public Hearing- UBEX17-0004 (For Action)
Request for a use-by-exception as permitted by Section 24-111(c)(3), to allow on-premises
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consumption of alcoholic beverages in accordance with Chapter 3 of the code at 461
Atlantic Boulevard.
B. Public Hearing- WAIV18-0001 (For Action)
Request for a waiver as permitted by Section 24-46(d) to waive the prohibition of pawn
shops within the Commercial Limited zoning district as required by Section 24-110(a) at
1487 Mayport Road.
C. Appointment to the Board Member Review Committee (Mayor Glasser) (For Action)
*D. Restriction of Tree Mitigation Funds Collected from Tree Removal Permitting
(Commissioner Stinson) (For Discussion Only)
*E. Sec. 2-19. Rules of conduct and procedure at meetings. (Mayor Glasser)(For Discussion
Only)
9. City Manager
A. City Manager’s Report
B. Accept the 90-Day Calendar (February 2018 through April 2018).
10. Reports and/or requests from City Commissioners and City Attorney
*A. Appeal petition submitted by Lori Gaglione (City Attorney)
Adjournment
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City’s website at www.coab.us.
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 reques t
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, January 19, 2018.
*Amended on 1/17/18 as follows:
Item 1A – Added Item
Item 4C – Added Item
Item 5A – Added Supporting Document
Item 6A – Added Resolution and Supporting Documents
Item 8D – Added Item
Item 8E – Added Item
Item 10A – Added Item
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
DECEMBER 11, 2017 - 6:30 PM
MINUTES
IN ATTENDANCE:
Mayor Ellen Glasser City Attorney Brenna Durden
Commissioner Kelley City Manager Joe Gerrity
Commissioner Norris City Clerk Donna L. Bartle
Commissioner M. Blythe Waters Recording Secretary Nancy Pyatte
Absent:
Commissioner John Stinson
Invocation and pledge to the flag
Mayor Glasser gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Call to order
Mayor Glasser called the m eeting to order at 6:32 PM. City Clerk Bartle called the roll and Mayor
Glasser noted that a quorum was present.
Mayor Glasser stated the meeting will go no later than 10:00 PM. Any unf inished business will be
carried over to the next agenda and continued at that meeting.
Mayor Glasser requested to change the order of the agenda as follows:
Move 9A and 10 to follow 3
CONSENSUS: To accept change of order of the agenda.
1. Approval of minutes
A. Minutes of the Roundtable Meeting on November 1, 2017.
B. Minutes of the Commission Meeting on November 13, 2017.
C. Minutes of the Joint Workshop on November 15, 2017.
There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted.
2. Courtesy of Floor to Visitors
Mayor Glasser introduced Jim Hanson, former Atlantic Beach City Ma nager who served our City for
thirteen years.
A. Presentation by Jim Hanson, President of th e Florida City and C ounty Management
Association, recognizing City of Atlantic Beach for 60 years of a Commission-Manager form
of Government.
Jim Hanson, President of the Florida City a nd County Managem ent Association, addressed the
Commission and congratulated the City of Atlantic Beach f or this spec ial recognition for 60 years of a
Commission-Manager form of Governm ent. He al so congratulated the newly elected Mayor and
Agenda Item 1A
January 22, 2018
December 11, 2017 REGULAR COMMISSION MEETING
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Commissioners, the current Commissioners, and the new City Manager fo r taking on this responsibility
for the City. Mr. Hanson displayed a video titled ‘Life Well Run’ that highlights the value of professional
management across our state. After the com pletion of the video, Mr. Hanson presented a plaque to the
Mayor, the Commission, and the City Manager.
Mayor Glasser thanked Jim Hanson for this presentation. She recognized George Forbes-City Manager of
Jacksonville Beach, Maria Mark -former Atlantic Be ach Commissioner, and fo rmer Atlantic Beach
Mayor Lyman Fletcher.
Mayor Glasser opened Courtesy of the Floor and explained the process for public comments.
City Clerk Bartle called the speakers:
Bruce Andrews - spoke about Selva Preserve, and suppor ts preservation and conservation of the
property.
David Vincent - spoke about Selva Preserve, and supports preservation and conservation of the property.
Mark Tingen - commended the City’s Police department, and supports preservation and conservation of
Selva Preserve.
Maria Mark - stated she supports Selva Preserve for preservation and conservation.
Paula O’Bannon - spoke about the Lum ineria on December 17
th and provided contact and cost
information to participate. This benefits Pinecastle, Town Center, Beam, and Pine Center Boy Scouts.
Dana Carpenter - stated she supports Selva Preserve for preservation and conservation property.
Romy Sidelsky - stated she supports Selva Preserve for preservation and conservation property.
John Roddan - spoke about Ordinance N o. 65-17-39, spoke about his driv eway, sprinklers, trees and
plants getting damaged from the installation of sidewalks on Triton Rd.
John November – thanked the Commissioners for opposing HB521 and SB574 legislation to do away
with our Tree Ordinance, and spoke about Selva Preserve as preservation and conservation property.
Joanna DeLoach – stated she supports Selva Preserve for preservation and conservation property.
Jenna Jazic - did not speak but noted support for 8A and 8B.
Courtney Cox – did not speak but noted support for 8A and 8B.
Houston Vann – did not speak but noted support for 8A and 8B.
3. Unfinished Business from Previous Meetings
None.
Mayor Glasser stated she wanted to revisit a motion from a previ ous meeting. This was Item 5A,
Contribution Request Recomm endation for CARAC, on the Nove mber 27, 2017 Agenda. At that
meeting it was explained there is a new matrix used to evaluate grant applications. Also at that meeting
there was a speaker who represented OMI International and he had questions about their grant application
being denied.
Agenda Item 1A
January 22, 2018
December 11, 2017 REGULAR COMMISSION MEETING
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If the Commission agrees to it, Ma yor Glasser explained she would like to am end the previous adopted
action. The motion would be to amend the contribut ion request for Item 5A in the Nove mber 27, 2017
meeting Agenda by inserting an additional $500.00 for the grant applicant OMI International.
Motion: To Amend a Previously Adopted Action by Amending the Contribution Request for Item
5A in the November 27, 2017 Agenda by Inserting an Additional $500.00 for the Grant Applicant
OMI International.
Moved by Waters, Seconded by Norris
There was a brief discussion about how this w ould be budgeted and the City Manager confirm ed the
funds will come from unspent salaries.
Discussion continued and the consensus was to support youth program s and bringing a basket ball
program to Atlantic Beach is doing that.
ROLL CALL VOTES:
Aye: 4 Kelly, Norris, Waters, Glasser
Nay: 0
MOTION CARRIED.
9. City Manager
A. City Manager’s Report
City Manager Gerrity addressed the Commission about his meeting with VHB, the group who conducted
the Communiy Redevelopment Agency (CRA) Study. He stated there is $100,000 budgeted for
improvements on the west side of Mayport Rd. He identified severa l nodes at the Plaza and Mayport Rd.
area and City Manager Gerrity reques ted approval to obtain proposals from VHB. This would entail the
approval for the following:
Preparing draft redevelopment alternatives using opportunities and constraints from the
maps of the Mayport Redevelopment Plan.
Design and hold a charrette on Mayport Rd. for community feedback.
Select the preferred alternative.
City Manager Gerrity stated the goal is for consistent improvement over a period of time.
Discussion ensued about decreasing the speed limit on Mayport Rd. City Manager Gerrity stated the City
is waiting on the safety study from FDOT. He will co ntact Representative Byrd to get an update on the
study.
It was noted in discussion that this is a way to incentivize development and revitalization on Mayport Rd.
The consensus was to move forward to obtain proposals from VHB.
The next item was scheduling a d ay for a Visioning Session in January. This will be a 4 to 8 hour
workshop event. City Manager Gerrity asked the Commission to let him know days/times available.
The next topic was Johansen Park. City Manager Gerrity stated he wa lked this property and there is
substantial cleanup work. This is scheduled to start this week.
City Manager Gerrity acknowledged the num erous emails and phone calls receiv ed thanking our Water
and Public Works Department employees for their service/work throughout the city.
Agenda Item 1A
January 22, 2018
December 11, 2017 REGULAR COMMISSION MEETING
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City Manager Gerrity recognized Jim Hanson, George Forbes, and Brian Teeple for devoting their
careers to providing better local government and thanked them for all the work they have done.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Norris
Wished everyone a Merry Christmas!
Commissioner Waters
Spoke about the Giving Tree at the Adele Grage Center, BEAM, and shopping local.
Wished everyone a Merry Christmas!
Commissioner Kelly
Spoke about a recent Code Enforcem ent Board m eeting involving discussion about the Mayport
Overlay.
Requested confirmation of the date change for the January Town Hall Meeting. This was
scheduled for January 20 and a new date of January 27 was proposed but not confirmed.
Mayor Glasser
Spoke about ongoing issues with the use of the Adele Grage Center, ABET, and First Act.
Reported she attended a cerem ony honoring the 76
th Anniversary of Pearl Harbor onboard the
USS Milwaukee at the Mayport Naval Station.
Spoke about making the City pedestrian and bicycle friendly.
Wished everyone a Merry Christmas!
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 W ILL BE CONSIDERED SEPARATELY.
SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN
PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
Mayor Glasser read the Consent Agenda into the record.
A. Approve the request for two new replacem ent signs for the Selva Lakes neighborhood in
existing landscape islands in the right-of-way of Park Side Drive as required by Section 17-
28(b) and as represented in the attachments of the staff report.
Motion: Approve Consent Agenda Item 4A as written.
Moved by Norris, Seconded by Waters
Roll Call Votes:
Aye: 4 Norris, Waters, Kelly, Glasser
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
Agenda Item 1A
January 22, 2018
December 11, 2017 REGULAR COMMISSION MEETING
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6. Action on Resolutions
A. Resolution No. 17-31
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPR OVING A
CONTRACT WITH THE NORTHEAST FLORIDA REGIONAL COUNCIL T O
DEVELOP PROPOSED CHANGES TO THE CITY OF ATLANTIC BEACH LAND
DEVELOPMENT REGULATIONS FOR AN AMOUNT NOT TO EXCEED $150,000;
APPROPRIATING FUNDS FROM THE C ITY’S GENERAL FUND FOR THIS
PURPOSE; AUTHORIZING T HE CITY MANAGER TO EXECUTE SUCH
CONTRACTS AND PURC HASE ORDERS IN ACC ORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
City Manager Gerrity stated this is to upgrade and replace the Land Devel opment Code (LDC). Brian
Teeple, Northeast Florida Regional Council, gave a presentation to the Comm ission several weeks ago
and is present if there are any questions. City Manager Gerrity explained this will be accomplished over a
two year period, budgeting $75,000 for each year.
There was a brief discussion abou t the current ongoing storm water su rvey and incorporating proposed
changes. City Manager Gerrity confirmed the City staff will coordinate any changes with the LDC.
Brian Teeple addressed the Mayor and Commission, providing a brief hi story of his 40 year career as
professional planner. He spoke a bout LDC rewrites completed for several beach communities similar to
Atlantic Beach.
Motion: To Adopt Resolution No. 17-31 as written.
Moved by Norris, Seconded by Kelly
A brief discussion ensued about th e LDC rewrite coordinating with th e long-term strategic and vision
planning for the City.
Roll Call Votes:
Aye: 4 Waters, Kelly, Norris, Glasser
Nay: 0
MOTION CARRIED
B. Resolution No. 17-32
A RESOLUTION OF THE CITY OF A TLANTIC BEACH, FLORIDA AMENDING
THE MEMBERSHIP PROVISIONS FOR THE BOAR D MEMBER R EVIEW
COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
City Attorney Brenna Durden addressed the Comm ission and explained the changes are to Section 3,
changing the total number of members to 5, removing the City Cler k as a m ember of committee. The
City Clerk is responsible for performing the administrative duties for the committee.
Motion: To Adopt Resolution No. 17-32 as written
Moved by Waters, Seconded by Norris
Agenda Item 1A
January 22, 2018
December 11, 2017 REGULAR COMMISSION MEETING
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A brief discussion followed about the work done to streamline the various committees and filling vacancies.
Roll Call Votes:
Aye: 4 Kelly, Norris, Waters, Glasser
Nay: 0
MOTION CARRIED
C. Resolution No. 17-33
A RESOLUTION OF THE CITY OF A TLANTIC BEACH, FLORIDA AMENDING
THE MEMBERSHIP OF THE PARKING AND PEDESTRIAN SAFETY ADVISORY
RESOURCE COMMITTEE; DELETING CERTAIN DATES FROM THE
COMMITTEE’S SCOPE OF ACTIVITIES; PROVIDING FOR AN EXTENSION OF
THE SUNSET DATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
City Attorney Durden explained the original Resolution No. 17-08 specified that the Mayor Pro Tem
would serve as Chair, it set f orth several dates that are no longer relevant to the parking committee, and
included an automatic sunset provision that would be February 28, 2018. This committee will not have
their work completed by then.
City Attorney Durden explained the changes as follows:
The specification of the Mayor Pro Tem will cha nge to a sitting Commissioner appointed by the
Commission. The consensus is to have Comm issioner Stinson continue serving as the Chair and
he has agreed to do so.
The dates for the Parking and Pedestrian S afety Advisory Resource Comm ittee are now
eliminated pertaining to beginni ng and ending work. This Committ ee has made several reports to
the Commission.
The Sunset provision is amended to extend to February 28, 2019.
A lengthy discussion ensued about specifying exact times when committee reports are due. It was agreed
not to make any changes to that language.
Motion: To adopt Resolution No. 17-33
Moved by Norris, Seconded by Kelly
Roll Call Votes:
Aye: 4 Norris, Waters, Kelly, Glasser
Nay: 0
MOTION CARRIED
D. Resolution No. 17-34
A RESOLUTION OF THE CITY OF ATLANT IC BEACH, FLORIDA, DESIGNATING
A 40-INCH-DIAMETER LIVE OAK TREE IN JOHANSEN PARK AS A HERIT AGE
TREE.
Mayor Glasser read the Resolution by title.
Deputy City Manager Hogenca mp addressed th e Commission. The Environm ental Stewardship
Committee (ESC) nominated a 40 inch diameter Live Oak tree at Joha nsen Park as a Heritage Tree.
Agenda Item 1A
January 22, 2018
December 11, 2017 REGULAR COMMISSION MEETING
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There will be a commemoration ceremony tentatively set for Friday at 11:00 AM. This tree is 138 years
old and is in the center of Johansen Park.
Mr. Hogencamp stated the four standards for the Tree City USA designation:
Designation of a Tree Administrator for the care and responsibility of trees on City property.
Tree Care Ordinance on the books. We also have the ESC and the Tree Sub-committee.
Spend $2 per capita on tree planting and/or maintenance.
Have an Arbor Day Proclamation and a ceremony celebrating community trees.
Motion: To Adopt Resolution No. 17-34 as written
Moved by Norris, Seconded by Waters
The Commission recognized and acknowledged the work and efforts of the ESC and staff on this matter.
There was a brief d iscussion about the tree m itigation fund, Atlantic Beach Pres ervation, and heritage
trees on public land.
Roll Call Votes:
Aye: 4 Waters, Kelly, Norris, Glasser
Nay: 0
MOTION CARRIED
7. Action on Ordinances
A. Ordinance No. 65-17-39, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA RELATING TO THE USE OF AND CONSTR UCTION WITHIN
PUBLIC RIGHTS OF WAY; REPEALING CERTAIN PORTIONS OF EXIS TING
CHAPTER 19 OF THE CODE OF ORDINANCES, “ST REETS, SIDEWALKS AND
OTHER PUBLIC PLACES”, CITY OF ATLANTIC BEACH, FLORIDA; ADOPTING
NEW PROVISIONS IN CHAPTE R 19 OF S AID CODE; CLARIFYING RIGHT OF
WAY PERMITTING; CREATING NE W REGULATIONS IN C HAPTER 19 TO BE
ENTITLED “COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY”;
PROVIDING FINDINGS & INTENT; PROV IDING DEFINITIONS; PROVIDING FOR
REGISTRATION OF COMMUNICATION SERVICE PROVIDERS; PROVIDING FOR
REVOCATION AND SUSP ENSION; PROVIDING FOR TERMINATION;
PROVIDING FOR APPEALS; PROVIDING FOR APPLICATION OF THESE RULES
TO EXISTING COMM UNICATIONS FACILITIES IN P UBLIC RIGHTS OF WAY;
PROVIDING FOR INSURANCE; PROVIDING FOR INDEMNIFICATION;
PROVIDING FOR CONSTR UCTION BOND; PROVIDING FOR ABANDONMENT
OF A COMMUNICATIONS FACILI TY; PROVIDING FOR PASS-THROUGH
PROVIDER FEES AND FEE S FOR USE OF CITY UTILITY POLES; PROVIDING
FOR RESERVATION OF RIGHTS AND REMEDI ES; PROVIDING FOR THE
INCLUSION OF SUCH AMENDED ORDIN ANCE IN THE CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH, FLORIDA; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE WITH TO THE
EXTENT OF SUC H CONFLICT; PROVIDING F OR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Glasser read the Ordinance by title.
City Attorney Durden addressed the Commission and stated she provided a revi sed Ordinance along with
an amendment list (which is attached and made part of this Official Record as Attachment A). She stated
the title to the ordinance did not have any changes.
Agenda Item 1A
January 22, 2018
December 11, 2017 REGULAR COMMISSION MEETING
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City Attorney Durden addressed questions and the amendments that resulted since the first draft:
If the City adopts an Historic District later can the Chapter be revised to ref lect the new
requirements from the Historic District?
Answer - Yes
Regarding the July 1, 2017 date for the height of existing utility poles and new construction of
poles -
Ms. Durden stated th is provision is from the st atute and the date is for confirm ation that new
poles within 500 ft. of existing poles cannot be taller than those existing on July 1, 2017.
On page 13, the addition of subsection (17) -
Ms. Durden explained there may be times we will need the City Manager to implement the rules,
and they would be consistent with the ordinance.
On page 27, Subsection (5) addressing As-builts -
Ms. Durden stated that was am ended, requiring the Communicati on Service Provider to subm it
As-builts.
On page 33, Subsection (b) addressing Stealth design -
Ms. Durden explained the additions and the strikethroughs pertained to size and materials used.
On pages 42 and 43, these amendments also addressed Stealth design.
On page 51, Subsection (a), there was just one amendment.
City Attorney Durden stated this Ordinance is p roactive and will not grandfather any unlawful existing
intrusions into the Rights-of-Way (ROW). Regarding places where ther e is landscaping or other type of
improvement located in a City ROW, the she said if they have been properly permitted they are lawful.
PUBLIC HEARING
Mayor Glasser opened the Public Hearing.
City Clerk Bartle stated John Roden signed up to speak but he is not present.
Mark Tingen - had a question about permitting for any unlawful existing intrusions into the ROW.
There were no more speakers. Mayor Glasser closed the Public Hearing.
The Commission commended City Attorney Durden for her efforts and work on this Ordinance.
There was discussion about the im portance of passing this Ordina nce, about the Ordinance not
grandfathering existing intrusions, record of authoriz ation for existing intrusions into a public ROW, and
about intrusions that do not interfere with the public ROW.
City Attorney Durden spoke about a revocable license which is how ci ties give permission for use of a
City ROW and there would be a record of this process. This Ordinance provides for this process.
Motion: To Adopt Ordinance No. 65-17-39, as amended on document dated December 11, 2017.
Moved by Waters, Seconded by Kelly
Agenda Item 1A
January 22, 2018
December 11, 2017 REGULAR COMMISSION MEETING
9
Roll Call Votes:
Aye: 4 Kelly, Norris, Waters, Glasser
Nay: 0
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
Mayor Glasser stated that due to Commissioner Stinson’s absence, she will present this item for
discussion.
A. Ban on the Retail Sales of Pets.
Mayor Glasser addressed the Commission stating this is about a potential ban on retail sales of pets at pet
stores. There are sam ple ordinances for referen ce passed by Jacksonville Beach an d Neptune Beach in
2015. Other Florida cities have passed similar ordinances. The goal behind this is to promote community
awareness and support the elim ination of puppy and kitten mills. They have been found inhumane and
unsanitary as documented by the United States Department of Agriculture and the Humane Society of the
United States.
There was a brief discus sion about following our neighboring cities, how the mills operate hidden from
public view and at on-line sites, and supporting legislature to eliminate puppy and kitten mills.
CONSENSUS: To move this forward to have an ordinance regulating the retail sales of pets.
B. Selva Preserve
Commissioner Waters addressed th e Commission about the planned development for eleven hom es at
Selva Preserve, including a proposed green path to connect this property to other parks. For the
Commission to consider now is that the developers have stated they ar e willing to go down to five homes
and negotiate with the City to sell the remaining property for conser vation/parkland for approximately
$1.5 million. Commissioner Waters reviewed the histo ry, the current p roperty status, and rev iewed the
attached map of Selva Preserve.
Commissioner Waters explained if the Commission is interested in purchasing this portion of Selva
Preserve, the first step is obtaining two appraisals of the property.
Commissioner Norris stated that gr een space and pres ervation are a big part of wh at attracts people to
Atlantic Beach. She spoke about the im portance of land preservation, community development, and
prioritizing what we go after.
Commissioner Kelly questioned if developers in th e past have gone before either the ESC or the
Community Development Board (CDB )? She also inquired if there is a s trategic plan for the
conservation/parkland. Commissioner Waters responded stating that pu rchasing property would not go
before the CDB or the ESC. This developm ent project has been through Planning and Zoning thirteen
times in the past. She stated that the City does not have a strategic plan for the conservation/parkland.
Commissioner Kelly stated she is not opposed to creati ng a park system plan. The City has spent a lot of
money on the stormwater survey and she would like to see those results first.
Mayor Glasser asked how m any acres there are for th e City’s consideration? Commissioner Waters
responded approximately 4 to 5.5 acres would be left for conservation.
Agenda Item 1A
January 22, 2018
December 11, 2017 REGULAR COMMISSION MEETING
10
City Manager Gerrity provided examples of funding options for these types of projects:
Take from the Reserve Fund and pay cash.
Owner financed agreement with a payment plan.
Borrowing from a bank.
A ballot referendum for citizens to vote if they want to pay a tax to purchase land.
Discussion ensued about property values, more pros th an cons for land acquisitions for city parks, about
concerns for storm/flood water control, about a park s master plan, the project not in the budget, and the
history of the development project with Planning and Zoning. It was no ted that being proactive now and
obtaining the appraisals will provide the City with help ful information about the potential best use of this
property. This is not a decision to purchase the property.
City Manager Gerrity stated the appraisal cost is approximately $10,000.00.
Acknowledgement to move forward with the appraisals:
Aye: 4 Kelly, Norris, Waters, Glasser
Nay: 0
CONSENSUS: To move forward for authorization for payment of two appraisals.
B. Accept the 90-Day Calendar (December 2017 through February 2018).
CONSENSUS: To accept the 90-Day Calendar as amended. (Town Hall Mtg. January 27, 2018)
10. Reports and/or requests from City Commissioners and City Attorney
City Attorney Durden
Thanked everyone for another great and busy year and wished everyone Happy Holidays!
Chief Cook
Spoke about a news report on crime statistics for Atlantic Beach a nd about the 2016 and 2017
comparisons by percentage.
Confirmed for the City Manager to use Anim al Control to track missing pets and pets
returned.
Adjournment
There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:20 PM.
______________________________
ATTEST: Ellen Glasser
Mayor/Presiding Officer
_______________________
Donna L. Bartle, CMC
City Clerk
DLB/njp
Agenda Item 1A
January 22, 2018
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
Amendment List for Ordinance No. 65-17-39
Pg. 13 -Add subsection (17): "The City Manager or designee may promulgate rules, regulations and policies to
implement this Article, and consistent with this Article and other applicable federal and state laws."
Pg. 27-Subsection (5): Strike "any written request by the City Manager or his designee" and add "completion of the
As-Builts".
Pg. 33-Subsection (b): Add "including diameter" and strike "regardless of the material and color of other".
Pgs. 42-43 -Subsection (I): Change first sentence to read "Wires, cables and equipment to be placed on a Utility Pole
shall be placed within the Utility Pole or covered with a Shroud or conduit that is similar to the Utility Pole color".
Subsections (2) and (3): Change first sentence to read "Wires, cables and equipment to be collocated on a
Utility Pole shall be placed within the Utility Pole or covered with a Shroud or conduit that is similar to the
Utility Pole color".
Pg. 51 -Subsection (a): Add "or Utility Poles" after "Communications Facilities".
See attached strikethrough/underlined version dated 12/11/2017 for all referenced changes.
00905180-2
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
ORDINANCE NO. 65-17-39
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA RELATING TO THE USE OF AND
CONSTRUCTION WITHIN PUBLIC RIGHTS OF WAY; REPEALING
CERTAIN PORTIONS OF EXISTING CHAPTER 19 OF THE CODE OF
ORDINANCES, "STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES", CITY OF ATLANTIC BEACH, FLORIDA; ADOPTING NEW
PROVISIONS IN CHAPTER 19 OF SAID CODE; CLARIFYING RIGHT OF
WAY PERMITTING; CREATING NEW REGULATIONS IN CHAPTER 19
TO BE ENTITLED "COMMUNICATIONS FACILITIES IN PUBLIC
RIGHTS OF WAY"; PROVIDING FINDINGS & INTENT; PROVIDING
DEFINITIONS; PROVIDING FOR REGISTRATION OF
COMMUNICATION SERVICE PROVIDERS; PROVIDING FOR
REVOCATION AND SUSPENSION; PROVIDING FOR TERMINATION;
PROVIDING FOR APPEALS; PROVIDING FOR APPLICATION OF
THESE RULES TO EXISTING COMMUNICATIONS FACILITIES IN
PUBLIC RIGHTS OF WAY; PROVIDING FOR INSURANCE; PROVIDING
FOR INDEMNIFICATION; PROVIDING FOR CONSTRUCTION BOND;
PROVIDING FOR ABANDONMENT OF A COMMUNICATIONS
FACILITY; PROVIDING FOR PASS-THROUGH PROVIDER FEES AND
FEES FOR USE OF CITY UTILITY POLES; PROVIDING FOR
RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR THE
INCLUSION OF SUCH AMENDED ORDINANCE IN THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, this Ordinance promotes the public health, safety and general welfare by
regulating the siting of utilities, communications facilities and utility poles within the public rights of
way; and
WHEREAS, this Ordinance accommodates the growmg needs and demand for
communications services; and
WHEREAS, this Ordinance seeks to expressly address utility and new communications
facilities technologies, while also protecting, preserving, and maintaining the aesthetic character of
areas where such rights of way exist; and
WHEREAS, Section 337.401, Florida Statutes, addresses inter alia, the authority of local
governments to regulate the placement and maintenance of utilities and communications facilities in
the public rights of way; and
WHEREAS, rules anc,l regulations imposed by a local government relating to ,~ommunications
service providers that desire to place or maintain communications facilities in its rights of way must
be generally nondiscriminatory and competitively neutral; and
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WHEREAS, Section 337.401(3)(g), Florida Statutes, provides that a local government may
not use its authority over the placement of facilities in its rights of way as a basis for asserting or
exercising regulatory control over a provider of communications services regarding matters within
the exclusive jurisdiction of the Florida Public Service Commission or Federal Communications
Commission, including, but not limited to, the operations, systems, qualifications, services, service
quality, service territory, and prices of a provider of communications services; and
WHEREAS, Section 337.401(7), Florida Statutes, addresses inter alia, the authority of local
governments to adopt by ordinance objective design standards requiring a small wireless facility to
meet reasonable location context, color, stealth, and concealment requirements, objective design
standards requiring a new utility pole intended to support the collocation of small wireless facilities
that replaces an existing facility to be of substantially similar design, material, and color, and
reasonable spacing requirements concerning the location of ground-mounted equipment; and
WHEREAS, Section 337.401(7)(d)(12), Florida Statutes, provides that a local government
may adopt by ordinance provisions for placement of communications facilities in the rights of way
for insurance coverage, indemnification, performance bonds, security funds, force majeure,
abandonment, municipal liability, and municipal warranties provided such provisions are reasonable
and nondiscriminatory; and
WHEREAS, it is the City's intent to exercise its authority over communications services
providers, wireless infrastructure providers and pass-through providers' placement and maintenance
of communications facilities in the City's rights of way; and
WHEREAS, it is the City's further intent to treat each such communications services provider
in a reasonable, nondiscriminatory and competitively neutral manner in exercising such authority;
and
WHEREAS, the City's rights of way are essential for the travel of persons and the transport
of goods throughout the City and are a unique and physically limited resource requiring proper
management by the City in order to ensure public safety, maximize efficiency, minimize costs to City
taxpayers for the foregoing uses, reasonably balance the potential inconvenience to and negative
effects upon the public from the placement and maintenance of communications facilities in the
rights of way against the substantial benefits that accrue from such placement and maintenance, and
promote the public health, safety and general welfare; and
WHEREAS, it is the City's intent to implement the Advanced Wireless Infrastructure
Deployment Act as provided in Section 337.401(7), Florida Statutes; and
WHEREAS, it is the further intent of the City to exercise its authority to adopt reasonable and
nondiscriminatory rules and regulations to the fullest extent allowed by Federal and State law; and
WHEREAS, the City has reviewed its Ordinances, and has received input from citizens and
other interested stakeholders, and as a result of the foregoing has concluded that the City Code should
be updated, in conformance with Federal and State laws and rules, in order to adequately regulate the
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ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
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City's rights of way regarding placement and maintenance of utility infrastructure, and existing, new
and expanded communications facilities in the City's rights of way; and
WHEREAS, adoption of the following Ordinance is necessary to satisfy the above objectives.
NOW, THEREFORE, BE IT ORDAINED by the City Commission on behalf of the people of
the City of Atlantic Beach, Florida:
SECTION 1. Sections 19-1 and 19-2 of Chapter 19 are hereby deleted in their entirety and new
Sections 19-1 and 19-2 are hereby adopted to read as follows:
ARTICLE I. GENERAL PROVISIONS
Section 19-1. Construction within and/or use of City Rights of Way.
(a) Except as expressly set forth below in Article II of this Chapter regulating utilities, and
in Article III of this Chapter regulating communication services, the provisions in this Article I shall
apply to any construction within and/or use of City rights of way.
(b) The following terms and phrases shall have the meanings given herein for purposes of
this Chapter 19. Words not otherwise defined shall be construed to mean the common and ordinary
meanmg.
"Construction" means any use of, activity, placement, replacement, repair or installation
performed by any person or entity other than the City within the boundaries of any City right of way,
including, but not limited to, curb cuts; driveways; excavation activities; installation of pavers, poles,
conduits, wires, cables, fencing, signage and sidewalks; structures or other improvements or fixtures;
and landscaping activities. The term does not include pedestrian, bicyclist or vehicular use of the
Rights ofWay.
"Rights of Way" or "Public Rights of Way" means land in which the City owns the fee or has
an easement devoted to vehicular, bicycle and/or pedestrian movement, or required for use as a
transportation facility, as that term is defined in § 334.03(21), Florida Statutes, and may lawfully
grant access pursuant to applicable law and includes the surface, airspace over the surface and the
area below the surface of such Rights of Way. "Public Rights of Way" shall not include (a) county,
state or federal rights of way, (b) property owned by any Person other than the City, (c) service
entrances or driveways leading from the road or street onto adjacent property, or (d) except as
described above, any real or personal property of the City, such as, but not limited to, City parks,
buildings, fixtures, conduits, water lines, sewer lines, facilities or other structures or improvements,
regardless of whether they are situated in the Public Rights of Way.
(c) Except as may be permitted in accordance with Section 19-2 hereof, no person or
entity shall undertake any use of or any type of construction within City Rights of Way, including
without limitation, the following:
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(1) Installation of mailboxes other than units prescribed by U.S. Postal Service
Standards and Florida Department of Transportation Parking and Traffic
Design Standards.
(2) Decorative walls.
(3) Retaining walls.
( 4) Buildings or structures of any kind.
(5) Barriers or obstructions of any kind.
( 6) Basketball goals.
(7) Skateboard ramps.
(8) Recreational structures of any kind, whether temporary or permanent.
(9) Fences.
(1 0) Swimming pools.
(11) Parking spaces or lots.
(12) Landscaping of any kind, except sod, which is permitted provided the
adjoining landowner maintains the sod.
(13) Any other improvement, object or item requiring a permanent foundation or
which cannot be removed readily.
(14) Any improvement, object or item designed and intended for personal or private
use and not for public use.
(15) Security lights and street lights.
(16) Any work, construction activity or item which creates an obstruction, whether
permanent or temporary, to the free and complete use of the Right of Way.
(17) Driveways, new, modified or replaced (see Section 19-7).
Section 19-2. Permits and revocable licenses required.
(a) Any person or entity desiring to undertake construction within and/or use of a Right of
Way shall obtain, prior to commencement of any work, a permit for such activity issued by the City
Manager or his designee on terms and conditions as described herein, or in accordance with
Subsection (f) herein, the issuance of a revocable license.
(b) Any such person or entity shall complete and file an application for such approval in
the form prescribed by the City.
(c) Fees for permits and revocable licenses shall be determined by resolution of the City
Commission.
(d) No use of or construction in a Right of Way shall be permitted or licensed if that use
or construction creates an obstruction barrier or safety hazard as defined by generally accepted
engineering practices.
(e) All requests for use of or construction within a Right of Way shall be evaluated based
on the benefit of said use or construction to the general public and the degree to which the benefit to
and convenience gained by a private property owner conflicts with or outweighs the benefit to the
general public for the use ofthe affected Right of Way.
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(f) Revocable licenses are required for all improvements in the Right of Way which are
not accepted for maintenance by the City.
(g) All requests for revocable license agreements require approval by the City Manager or
his designee.
(h) The permit or revocable license applicant shall be the owner or owners of the real
property located adjacent to the affected right of way or a person designated by affidavit of said
owner or owners.
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(i) Time limitations.
(1) In no case shall construction commence on any improvement within any Right
of Way before a permit and, if required, a license is issued. A permit issued by
the City shall be valid for a period of up to one hundred eighty (180) days from
the date of issuance. If a period in excess of one hundred eighty ( 180) days is
required because of the scope of work, approval shall be obtained in advance
of the issuance of the permit and the permit validation period shall reflect such
extension. A permit shall not be extended more than three (3) times or for more
than one (1) year from the date of issuance.
(2) After issuance of the permit, the permittee shall notify the Building
Department a minimum of two (2) business days prior to commencing
construction. This notification will allow for scheduling of inspections. If a
road closure is required, the permittee shall submit with the permit application
a maintenance of traffic (MOT) plan to include all proposed road closures and
an expected time duration for each closing. Road closures shall require
separate approval by the Public Works Department and Public Safety
Department and a minimum of three (3) business days' prior notification
before the commencement or construction. Road closures of fewer than fifteen
(15) minutes shall not require notification.
G) Application and other requirements.
(1) Any person legally entitled to apply for and receive a permit and/or license
under the provisions of this Article shall make such application in writing to
the City in a form/format provided for that purpose. Every applicant for a
permit/license shall give a description of the character of the work proposed to
be done and the location, ownership, occupancy and use of the premises in
connection therewith. The City may require plans, specifications or drawings
and such other information as it may deem necessary and pertinent prior to the
granting of a permit/license. If the City determines that the plans,
specifications, drawings, descriptions or other information furnished by the
applicant are in compliance with this Article, the rules and regulations of any
other department having jurisdiction and any other laws, rules and regulations
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pertaining to work proposed to be done, it shall issue the permit/license applied
for upon payment of the required fee.
(2) The order, sequence and prerequisites for making applications shall be as
designated by the City.
(3) The applicant shall determine all potential utility conflicts during the design
stage and shall show same on the plan and profile drawings submitted with the
application. The plan and profile drawings shall be in accordance with utility
plan guidelines or as specified by the City.
(4) If it is determined that such work or activity within any Right of Way will not
unreasonably interfere with the rights of the public or City, the City may issue
a permit/license for such construction work or activity, upon such reasonable
conditions as the City deems necessary for the protection of the rights of the
public and the City.
(5) Under all conditions prescribed in this section, the construction shall not
proceed unless the statewide one-call toll-free telephone notification system or
such other method established under the Underground Facility Damage
Prevention and Safety Act, as now or hereafter amended, is notified not less
than forty-eight (48) hours nor more than five (5) days in advance of beginning
construction. Advance notification is waived when it is documented to the City
that the excavation work is of an emergency nature involving the public health,
safety or welfare.
(6) All applicants shall give the full name, address, electronic mail address and
telephone number of the person or organization making such application and
all contractors expected to participate in the construction of the work; shall
designate the place, extent, nature and purpose of such work or activity; and, if
any paving, curbing, sidewalk, drainage feature, sewer or water main will be
disturbed by such work, the City Manager or designee may require that the
application be accompanied by a deposit of money in such amount as shall in
the opinion of the City Manager of designee be sufficient to pay for the
expense of repairing or restoring the same. Pavement replacement shall be in
accordance with the conditions set forth in the permit and other standards of
the City. Failure or neglect on the part of the applicant to carry out all work in
compliance with the conditions set forth in the permit/license and other
standards of the city shall be reason for revocation of the permit/license.
(7) All applicants shall restore the Rights of Way to its previous condition.
(8) All applicants shall verify the location and elevation of all underground
facilities and shall protect said facilities from damage; in the event that any
facilities are damaged, the applicant or applicants shall, at their sole expense,
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shall:
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repair or cause to be repaired the damaged facilities to the satisfaction of the
owner or operator of said facilities."
(9) Upon the completion of the work authorized by a permit/license hereunder, the
pe1mittee/licensee shall refill all trenches and excavations. All openings in
Rights of Way must be promptly filled with suitable material, free from
rubbish and perishable matter, and thoroughly and evenly compacted
throughout, ramming in thin layers while being put in or by flooding with
water. Upon completion of the backfill, the permittee/licensee shall
immediately place pavement, if applicable, in a safe condition for traffic by
laying a temporary pavement, properly supported, having the top of the
pavement flush with the pavement surface. Immediately after completion of
work or any consecutive portion of it, the permittee/licensee shall remove from
such street or sidewalk all unused material, refuse and dirt placed in the
vicinity of the work resulting from its prosecution and restore the Right of Way
to a condition satisfactory to the City, notifying the City of such action. In case
the work is not completed within the time limited in the permit/license, the
City may, if it deems necessary, take steps to return the surface to a safe
condition. If an extension of time beyond such date is necessary for completion
of the work, a new application must be obtained. All persons in charge of any
work in the Rights of Way must retain and have in possession at all times
while so engaged the permit/license as described in this section. If the City
shall at any time within thirty (30) days after the sidewalks and/or pavement
have been replaced or repaired determine that the work has not been completed
in a workmanlike manner or otherwise fails to meet City standards, then, and
in that event, the City shall cause the sidewalks, pavement or other surfaces
within the Right of Way so defectively replaced and repaired to be properly
replaced and repaired. All costs and expenses of so replacing and repairing
such work shall be charged against the fund deposited by the person to whom
the permit was granted to cut, disturb and excavate the pavement or sidewalks,
for a period of one (1) year against defect.
(k) Each applicant for a permit and/or license, as may be applicable, under this Article
(1)
(2)
Agree to save the City, its officers, employees and agents harmless from any
and all costs, damages and liabilities which may accrue or be claimed to accrue
by reason of any work performed or existence of any improvement under such
permit or revocable license. The acceptance of any permit or revocable license
under this Article shall constitute such an agreement by the applicant whether
such acceptance is expressed or not.
Pay a permit and engineering review fee and security deposit. Developers of
major subdivisions may request to pledge assurances to the City in lieu of cash
or check, and the city, in the sole exercise of the City Manager's judgment and
discretion, may accept or reject such assurances.
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Agenda Item 1A
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(3) Furnish a certificate of insurance.
( 4) Keep the original copy of the permit or revocable license and an approved
copy of the plan in the possession of the party actually doing the work and,
when requested, exhibit such copy to the Building Official, duly authorized
inspectors or, in the instances of county and state roads, to the respective
inspectors representing these authorities.
(5) Agree to perform the work in accord with the permit and/or revocable license
conditions and the regulations established under this Article.
(1) Bond. A performance bond, or other financial security, in form, content and execution
approved by the City, may be required to protect the City in the event the specified work is not
completed or does not conform to the City's requirements, or when damages to the Right of Way
have occurred.
(m) Permit/license revocation. The City may revoke pe1mits and licenses issued upon
finding that:
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(1) The permit/license was issued by mistake of law or fact;
(2) The permit/license is for work which violates the provisions of this Article;
(3) The permit/license was issued upon a false statement or misrepresentation by
the applicant;
( 4) The permit/license violates any ordinance of the City or any state or federal
law, rule or regulation;
( 5) The work is not being performed in accordance with the provisions of this
Article;
( 6) The certificate of competency or license of the permittee has become invalid
by reason of expiration, suspension, revocation or otherwise;
(7) The work is not being performed under the supervision of the holder of the
certificate or license upon which the same was issued;
(8) The work is not being done in accordance with the terms of the permit/license,
the plans or the application upon which the same was issued;
(9) Payment of the fees was not effected due to insufficient funds or any other
reason;
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(1 0) The work performed is threatening or interfering with public welfare and
safety;
(11) The work performed is not in compliance with this Article and/or City Code;
or
(12) The permittee is not in compliance with this Article and/or City Code."
SECTION 2. No Changes to Sectionsl9-3 through 19-7. No changes are hereby made to Sections
19-3 through 19-7, inclusive, of Chapter 19 ofthe City's Code of Ordinances.
SECTION 3. Deletion of Section 19-8. Section 19-8 of Chapter 19 of the City's Code of
Ordinances is hereby deleted in its entirety.
SECTION 4. Creation of Article II, Chapter 19, Code of Ordinances. New Article II of Chapter
19 ofthe City's Code of Ordinances is hereby created to read as follows:
ARTICLE II. UTILITY PLACEMENT WITHIN CITY RIGHTS OF WAY
Section 19-20. Applicability.
This Article shall apply to any public or private entity who seeks to construct, maintain,
repair, operate and/or remove lines for the transmission of public utilities that are not providing
communications services as defined in Section 202.11(1), Florida Statutes, under, on, over, across or
within the public Rights of Way, including but not limited to, water, sewage, gas, power and
television, or as regulated by a franchise, as applicable. The transmission of communications
services as defined in Sections 202.11 and 202.11 (1 ), Florida Statutes, and the construction,
placement, installation, maintenance and operation of a communications facility or utility pole in the
Rights of Way, shall be governed by the provisions of Chapter 19, Article III.
Sec. 19-21. Permit Required.
Any person who desires to construct, maintain, repair, operate~ or remove lines for the
transmission of water, sewage, gas, power, other public utilities, and television under, on, over,
across, or within the Rights of Way of the City shall be required to obtain a permit from the City. The
provisions of Sections 19-2G) and (m) of Article I of this Chapter shall be applicable to any such
permit.
Sec. 19-22. Provisions of Permit.
In addition to the provisions of Section 19-2(k) of Article I of this Chapter, any such permit
granted by the City shall contain adequate provisions:
(a) To prevent the creation of any obstructions or conditions which are or may become
dangerous to the traveling public;
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(b) To require the permittee to repair any damage or injury to the road or highway created
during the installation of a utility facility and to repair said road or highway promptly, restoring it to a
condition at least equal to that immediately prior to the infliction of such damage or injury;
(c) Whereby the permittee shall hold the City Commission of Atlantic Beach, Florida,
members and officers, agents, and employees thereof harmless from the payment of any
compensation or damages resulting from the exercise of the privileges granted in any such permit;
and
(d) As may be reasonably necessary for the protection of the City and the public.
Sec. 19-23. When bond may be required.
The City Manager or designee may require the permittee to furnish performance bonds,
maintenance bonds, and/or a security fund to ensure compliance with the provisions of this Article.
Sec. 19-24. Fees authorized.
The City Commission may adopt by resolution a fee schedule relating to the issuance of
permits hereunder.
Sec. 19-25. Moving or removal of utility lines.
In the event of widening_, repair_, or reconstruction of any road, the permittee shall move or
remove any water, gas, sewage, power, video service, and other utility lines, at no cost to the City
should they be found by the City to be interfering with said work, except as provided in Section
337.403, Florida Statutes, as amended.
Sec. 19-26. Authority to implement Article.
The City Manager or designee is authorized to adopt, modify, and repeal rules and regulations
to carry out the intent and purposes of this Article to the extent allowed by law.
Sec. 19-27. Noncompliance unlawful.
It shall be unlawful for any person to construct, maintain, repair, operate_, or remove lines for
the transmission of water, sewage, gas, power, television and other public utilities under, on, over,
across, or within the Rights of Way of the City without fully complying with this Article or the
permits, rules and regulations promulgated hereunder.
Sections 19-28 and 29 are hereby reserved.
SECTION 5. Creation of Article III, Chapter 19, Code of Ordinances. New Article III of
Chapter 19 ofthe City's Code of Ordinances is hereby created to read as follows:
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ARTICLE III. COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY
Section 19-30. Short Title.
This Article III shall be known, and may be cited, as the "Atlantic Beach Communications
Facilities in Public Rights of Way Ordinance."
Section 19-31. Findings, Intent and Scope.
(a) The City hereby makes and declares the following findings and declares its legislative
intent as follows:
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(1) The Public Rights of Way within the City of Atlantic Beach are a unique and
physically limited resource and impmiant amenity that are critical to the travel
and transport of persons and propetiy in the City.
(2) The demand for telecommunications services has grown exponentially in
recent years, requiring the continual upgrading of telecommunications
equipment and services to satisfy such demand.
(3) The placement of telecommunications equipment and facilities in the public
rights of way to satisfy the demand for telecommunications services raises
important issues with respect to the City's responsibility to manage its public
rights ofway.
(4) The Public Rights of Way must be managed and controlled in a manner that
enhances the health, safety and general welfare of the City and its citizens.
(5) The use and occupancy of the Public Rights of Way by providers of
communications services must be subject to regulation which can ensure
minimal inconvenience to the public, coordinate users, maximize available
space, reduce maintenance and costs to the public, and facilitate entry of an
optimal number of providers of cable, telecommunications, and other services
in the public interest.
(6) Section 166.041, Florida Statutes, provides for procedures for adoption of an
ordinance which is a regulation of general and permanent nature and
enforceable as local law.
(7) Section 337.401, Florida Statutes, addresses the authority of municipalities to
regulate the placement and maintenance of communication facilities, and other
utilities, in the public rights of way.
(8) In 2017, Florida passed Chapter 2017-136, Laws of Florida, which inter alia,
amends§ 337.401, Florida Statutes, to 'Create the new Subsection (7) known as
the Advanced Wireless Infrastructure Deployment Act ("Wireless Deployment
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Act"), effective July 1, 2017, to address municipalities' regulation of access to
the public rights of way for wireless communications facilities and wireless
support structures.
(9) The Wireless Deployment Act provides that municipalities may require a
registration process in accordance with § 337.401(3), Florida Statutes, may
adopt by ordinance provisions performance for insurance coverage, bonds,
security funds, indemnification, force majeure, abandonment, municipality
liability or municipal warranties and further provides that, for any applications
filed before the effective date of ordinances implementing this subsection, an
authority may apply current ordinances relating to the placement of
communications facilities in the right of way related to registration, permitting,
insurance coverage, indemnification, performance bonds, security funds, force
majeure, abandonment, municipality liability or municipal warranties.
(10) The communication industry is in a constant state of emerging technology that
includes the infrastructure required to support the increased demand and
capacity to receive and to transmit increased data and voice communications.
(11) A new network of wireless communications infrastructure has emerged
comprised of a series of small individual antenna ("Small Cells"), or nodes
("Distributed Antenna Systems" or "DAS"), and wireless backhaul networks
that are linked to a larger hub site.
(12) The City has received requests to place wireless communications facilities and
wireless support structures within the Public Rights of Way.
(13) The current City Code does not contain requirements for registration,
insurance, permitting, insurance coverage, indemnification, performance
bonds, security funds, force majeure, abandonment, municipality liability or
municipal warranties that address sufficiently the placement or maintenance
within the Public Rights of Way for wireline and wireless communications
facilities or wireless support structures.
(14) The City finds that, to promote the public health, safety and general welfare, it
is necessary to (i) provide for the placement or maintenance of
Communications Facilities in the Public Rights of Way within the City limits,
(ii) adopt and administer reasonable rules, regulations and general conditions
not inconsistent with applicable state and federal law, (iii) manage the
placement and maintenance of Communications Facilities in the Public Rights
of Way by all Communications Services Providers, (iv) minimize disruption to
the Public Rights of Way, and (v) require the restoration of the Public Rights
of Way to original condition.
(15) It is the intent of the City to require that the placement or maintenance of any
wireline or wireless communications facility in the Public Rights of Way must
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have an effective registration which satisfies the requirements set forth herein
for such registration, to the extent not inconsistent with applicable federal and
state laws and regulations.
(16) It is also the City's intent to exercise the City's retained authority to regulate
and manage the City's roads and rights of way in exercising its police power
over Communications Services Providers' placement and maintenance of
facilities in the Public Rights of Way in a nondiscriminatory and competitively
neutral manner.
(17) The City Manager or designee may promulgate rules, regulations and policies
to implement this Article, and consistent with this Article and other applicable
federal and state laws.
(b) This Article shall apply to any person or public or private entity who seeks to
construct, place, install, maintain or operate a Communications System or Facilities, as such terms are
defined herein, in the Public Rights of Way, unless otherwise exempt by operation of applicable state
or federal laws or regulations. This Article shall equally apply to a City owned or controlled
Communications System except to the extent such Facilities are utilized on an internal, non-
commercial basis by the City or any of its agencies, departments or bureaus.
Sec. 19-32. Definitions.
(a) For purposes of this Article III, the following terms, phrases, words and their
derivations shall have the meanings ascribed herein. Where not inconsistent with the context, words
used in the present tense include the future tense, words in the plural include the singular, and words
in the singular include the plural. The words "shall," "will" and "must" are mandatory, and "may" is
permissive. Words not otherwise defined herein or in any permit that might be granted hereunder
shall be given the meaning set forth in the Communications Act of 1934,47 U.S.C. §§ 151 et seq., as
amended (collectively the "Communications Act"), and, if not defined therein, as defined by Chapter
202, Florida Statutes, or Chapter 337, Florida Statutes, and, if not defined therein, be construed to
mean the common and ordinary meaning.
Abandonment means the cessation of all uses of a Communications Facility or Utility Pole for
a period of one hundred eighty (180) or more consecutive days, provided that this term shall not
include cessation of all use of a Facility or Pole within a physical structure where the physical
structure continues to be used for some purpose or use accessory to the Communications Facility. By
way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit
continues to be used for some purpose of use accessory to the Communications Facility, shall not be
"Abandonment" of a Facility in the Public Rights ofWay.
Adjacent property or property adjacent means (i) lot or parcel that abuts or is contiguous to a
Communications Facility site or proposed site; and (ii) lots or parcels that would be contiguous to a
Communications Facility site or proposed site but for an intervening Public Rights of Way.
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Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
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Affiliate means each person, directly or indirectly, controlling, controlled by, or under
common control with a Communications Services Provider that is registered with the City; provided
that Affiliate shall in no event mean any limited partner, member, or shareholder holding an interest
ofless than 15 percent in such Communications Services Provider.
Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in providing Wireless Services or other Communications Services.
Article means the Atlantic Beach Communications Facilities in Public Rights of Way
Ordinance, codified as Article III of Chapter 19 of the City Code pursuant to that Ordinance enacted
by City Commission effective on December 11, 2017, as may be amended or supplemented from
time to time.
At-grade Facility means a Communications Facility, the structure of which is affixed to the
ground at-grade with a portion of the structure extending vertically above grade. At-grade Facilities
may also, but need not necessarily, extend vertically below grade. Poles and ground mounted
equipment installed as part of a Small Wireless Facility shall not be considered At-grade Facilities.
Below-grade Facility means a Communications Facility, including manholes or access points,
that are entirely contained below-grade within the Public Rights of Way. A Below-grade Facility is a
type of Wireline Facility.
City means the City of Atlantic Beach, Florida, a municipal corporation organized and
existing under the laws of the State ofFlorida.
City Code or Code of Ordinances means the Code of Ordinances of the City of Atlantic
Beach, Florida.
City Commission means the governing body for the City.
City Utility Pole means a Utility Pole owned by the City in the Public Right of Way.
Collocate or Collocation means to install, mount, maintain, modify, operate, or replace one or
more wireless facilities on, under, within, or adjacent to a wireless support structure or Utility Pole.
The term does not include the installation of a new Utility Pole or Wireless Support Structure in the
public Rights of Way, nor does it include interconnection of Communications Facilities or the sale or
purchase of capacity (whether bundled or unbundled).
Communications Facility, Facilities or Systems means any facility, equipment or property,
including, but not limited to, cables, conduits, converters, splice boxes, cabinets, handholds,
manholes, vaults, equipment, drains, surface location markers, appurtenances, wireless facilities,
wireless support structure, wireline backhaul facilities, located, to be located, used, or intended to be
used, in the Public Rights of Way of the City to deliver, route, transmit, amplify or distribute
Communications Services. This term includes Wireless Facilities and Wireline Facilities.
,,
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ATTACHMENT A
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Agenda Item 1A
January 22, 2018
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Communications Services shall include, without limitation, the transmission, conveyance or
routing of voice, data, audio, video, or any other information or signals to a point, or between or
among points, by and through electronic, radio, satellite, cable optical; microwave, or other medium
or method now in existence or hereafter devised, including Wireless Services, regardless of the
protocol used for such transmission or conveyance, open video system, cable service.
Communications Services Provider shall refer to any person making available or providing
Communications Services, as defined herein, including without limitation a Wireless Infrastructure
Provider and a Pass-Through Provider.
Development Permit means the permit required under Section 19-35, City Code, prior to
commencement of any placement or maintenance of Communication Facilities in the Public Rights of
Way.
Existing Structure means a Utility Pole with the Public Rights of Way that exists at the time
an application to Place a Communications Facility on that Utility Pole is filed with the City. The term
includes Repurposed Structures. The term does not include At-grade Facilities, Below-grade
Facilities, or Wireline Facilities. An Existing Structure is not transformed into a Communications
Facility by the Collocation of a Wireless Facility.
In the Public Rights of Way means in, along, on, over, under, across or through the Public
Rights of Way.
Law or code means any local, state or federal legislative, judicial or administrative order,
certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or
other requirements, as amended, now in effect or subsequently enacted or issued including, but not
limited to, the Communications Act of 1934, 47 USC §§ 151 et seq. as amended, all orders, rules,
tariffs, guidelines and regulations issued by the Federal Communications Council or the governing
state authority pursuant thereto, Section 337.401, Florida Statutes, as amended, and all state statutes
and regulations issued by state agencies pursuant thereto.
Micro Wireless Facility means a Small Wireless Facility having dimensions no larger than
twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and
an exterior Antenna, if any, no longer than eleven (11) inches.
Pass-Through Facilities means the Facilities for a Communication System that merely pass
through the City from one point to another point and from which no revenues are directly attributable
to subscribers or other carriers within the City.
Pass-through Provider means any Person, municipality or county that places or maintains a
Communications System or Communications Facilities in the Public Rights of Way but who does not
provide Communications Services, including for example a company that places "dark fiber" or
conduit In The Public Rights of Way and leases or otherwise provides those facilities to another
company that does provide Communications Services to an end user. This definition of "Pass-through
Provider" is intended to include any Person that places or maintains "Pass-Through Facilities" in· the
00904259-5 15
ATTACHMENT A
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Agenda Item 1A
January 22, 2018
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Public Rights of Way, but does not provide Communications Services to an end user within the
corporate limits ofthe City.
Person means any individual, firm, joint venture, partnership, estate, trust, business trust,
syndicate, fiduciary, association, corporation, company, organization or legal entity of any kind,
including any Affiliate, successor, assignee, transferee or personal representative thereof, and all
other groups or combinations, and shall include the City to the extent that the City acts as a Provider.
Placement or maintenance or placing or maintaining or other similar formulation of that term
means to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or
relocate. A Provider that owns or exercises physical control over Communications Facilities in Public
Rights of Way, such as the physical control to maintain and repair, is "placing or maintaining" the
Facilities. To the extent required by applicable law, a party providing service only through resale or
only through use of a third party's unbundled network elements is not "placing or maintaining" the
Communications Facilities through which such service is provided. The transmission and receipt of
radio frequency signals through the airspace of the Public Rights of Way is not placing or
maintaining Facilities in the Public Rights of Way.
Pole Attachment means any attachment of a Communications Facility by a Provider to an
Existing Structure within a Public Rights of Way. This term includes aerial wireline attachments that
serve as Wireline Facilities.
Private Utility Pole means a Utility Pole owned by a municipal electric authority, a Utility
Pole used to support municipally-owned or operated electric distribution facilities, or a Utility Pole
owned by a person other than the City within the Public Rights of Way.
Provider means a Communications Service Provider, Wireless Infrastructure Provider or
Pass-through Provider.
Public Service Commission or PSC means the agency for the State of Florida charged with the
powers and duties conferred upon it by Chapter 364, Florida Statutes.
Registrant or Facility Owner means a Provider or other person which seeks to use or occupy
the Public Rights of Way that has registered with the City in accordance with the provisions of this
Article.
Registration or Register or other similar formulation of that term means the process described
in § 19-33 herein whereby a Communications Services Provider provides certain information to the
City.
Repurposed Structure means an Existing Structure that has been renovated, reconfigured, or
replaced with a similar structure so as to continue serving its primary existing purpose while also
supporting the attachment of Communications Facilities that is approximately in the same location as
the Existing Structure and in such a manner that does not result in a net increase in the number of
Utility Poles located within the Public Rights of Way and does not interfere. with pedestrian or
vehicular access, and is compliant with applicable codes. The Repurposed Structure remains the
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ATTACHMENT A
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Agenda Item 1A
January 22, 2018
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property of the owner of the Existing Structure prior to the repurposing, unless ownership otherwise
lawfully changes.
Shroud means a covering or enclosure of pole-mounted equipment associated with a Small
Wireless Facility.
Small Wireless Facility means a Wireless Facility that meets the following qualifications:
(a) Each Antenna associated with the facility is located inside an enclosure of no more
than six (6) cubic feet in volume or, in the case of Antennas that have exposed
elements, each Antenna and all of its exposed elements could fit within an enclosure
of no more than six ( 6) cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively no more than
twenty-eight (28) cubic feet in volume. The following types of associated ancillary
equipment are not included in the calculation of equipment volume: electric meters;
concealment elements; telecommunications demarcation boxes; ground-based
enclosures; grounding equipment; power transfer switches; cutoff switches; vertical
cable runs for the connection of power and other services, and Utility poles or other
support structures.
Surrounding Neighborhood means the area within a five hundred (500) foot radius of a
Communications Facility site or proposed Communications Facility site.
Utility Pole means a pole or similar structure used in whole or in part to provide
Communications Services or for electric distribution, lighting, traffic control, signage, or a similar
function. The term includes the vertical support structure for traffic lights, but does not include any
horizontal structures upon which are attached signal lights or other traffic control devices and does
not include any pole or similar structure 15 feet in height or less unless the City grants a waiver for
the pole. The term does not include a Utility Pole owned by the City, nor does it include any other
Utility Pole exempt from such term pursuant to§ 337.401, Florida Statutes.
Wireless Facility means Communications Facility at a fixed location which enables wireless
communications between user equipment and a communications network, including radio
transceivers, Antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup powers
supplies, and comparable equipment, regardless of technological configuration, and equipment
associated with wireless communication. This term includes Small Wireless Facilities. This term does
not include:
(a)
(b)
00904259-5
The structure or improvements on, under, within, or adjacent to the structure on which
the equipment is Collocated;
Wireline backhaul facilities; or
17
ATTACHMENT A
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Agenda Item 1A
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12/11/2017
(c) Coaxial or fiber-optic cable that is between wireless structures or Utility Poles or that
is otherwise not immediately adjacent to or directly associated with a particular
Antenna.
Wireless Infrastructure Provider means a Person who has been certified to provide
Communications Services in the State and who builds or installs wireless communication
transmission equipment, Wireless Facilities, or Wireless Support Structures but is not a Wireless
Services Provider.
Wireless Services means any services provided using licensed or unlicensed spectrum,
whether at a fixed location or mobile, using Wireless Facilities.
Wireless Services Provider means a Person who provides Wireless Services. A Wireless
Services Provider is a type of Communications Services Provider.
Wireless Support Structure means a freestanding structure, such as a monopole, a guyed or
self-supporting tower, or another existing or proposed structure designed to support or capable of
supporting Wireless Facilities. The term does not include a Utility Pole.
Wireline Facility means an aerial facility used to provide Communications Services or a
Below-grade Facility. The term includes wireline backhaul facilities associated with a Wireless
Facility and coaxial or fiber-optic cable that is between wireless structures or Utility Poles or that is
otherwise not immediately adjacent to or directly associated with a particular Antenna of a Wireless
Facility.
Wrap means an aesthetic covering approved by the City depicting scenic imagery such as
vegetation, which blends with the surrounding area. A wrap design may also be proposed by an
applicant by requesting a waiver pursuant to Sections 19-36.2 and 19-37.5. Imagery in a wrap may
not contain signage of any type.
Section 19-33. Registration.
Every Communications Services Provider that desires to place or maintain a Communications
System or any Communications Facilities in the Public Rights of Way, including any Pass Through
Facilities,' shall first Register with the City in accordance with this Section 19-33. Subject to the
provisions prescribed in this Article, a Communications Services Provider that has properly
Registered may apply for Development Permits to place or maintain a Communications System or
Facilities in the Public Rights of Way.
(a) Every Communications Services Provider that desires to place or maintain
Communications Facilities in the Public Rights of Way, including any Pass Through Facilities, shall
Register with the City Manager or his designee and shall submit the following information and
documentation:
(1)
00904259-5
the name of the applicant under which it will transact business in the City and,
if different, in the State of Florida; and
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ATTACHMENT A
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Agenda Item 1A
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(2) the address and telephone number ofthe applicant's principal place of business
in the State of Florida and any branch office located in the City and the name,
address, electronic mail address and telephone number of the applicant's
national headquarters and its registered agent in Florida; and
(3) the name, address, electronic mail address and telephone number of the
applicant's primary contact person and the person to contact in case of an
emergency; and
( 4) for Registrations submitted on or after December 12, 2017, a copy of both the
applicant's resale certificate and certificate of registration issued by the Florida
Department of Revenue to engage in the business of providing
Communications Services in the State of Florida; and
(5) a copy of the applicant's certificate of authorization, public convenience and
necessity or other similar certification issued by the Florida Public Service
Commission; and
(6) the number of the applicant's certificate of authorization or license to provide
Communications Services issued by the Florida Public Service Commission,
the Department, the FCC, or other Federal authority, if any; and
(7) for an applicant that is a Pass-through Provider, in lieu of paragraphs (5), (6)
and (7) above, the applicant shall provide a certified copy of the certificate or
license issued by the Florida Department of State, or other appropriate state
agency or department, authorizing the company to do business in the State of
Florida; and
(8) evidence of the applicant's insurance coverage as required under this Article.
(b) The City shall review the information submitted by the applicant. Such review shall be
by the City Manager or his designee. If it is found that the applicant complies with the requirements
in subsection (a) above, the Registration shall be effective and the City shall notify the applicant of
the effectiveness of Registration in writing. If the City determines that the applicant is not in
compliance, the City shall notify the applicant in writing of the non-effectiveness and denial of
Registration and the reasons therefor. The City shall so reply to an applicant within thirty (30) days
after receipt of the Registration and required information from the applicant. Non-effectiveness and
denial of Registration shall not preclude an applicant from reapplying or filing subsequent
applications for Registration under the provisions of this Section.
(c) An effective Registration does not, and shall not be construed to, convey equitable or
legal title in the Public Rights of Way to any Communications Services Provider. Registration under
this Section governs only the placement or maintenance of a Communications System or
Communications Facilities in the Public Rights of Way. Other ordinances, codes or regulations may
apply to the placement or maintenance in the Public Rights of Way of facilities that are not part of a
00904259-5 19
ATTACHMENT A
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Agenda Item 1A
January 22, 2018
12/11/2017
Communications System. Registration does not excuse a Communications Services Provider from
obtaining appropriate access or pole attachment agreements before locating its Facilities on those
facilities or property belonging to the City or another Person. Registration does not excuse a
Communications Services Provider from complying with all other applicable City ordinances, codes
or regulations, including the rules, regulations and general conditions set forth in this Article.
(d) A Communications Services Provider may cancel a Registration upon written notice to
the City stating that it will no longer place or maintain a Communications System or any
Communications Facilities in the Public Rights of Way and will no longer have a need to apply for
Development Permits to perform construction or other work in the Public Rights of Way. A
Communications Services Provider cannot cancel a Registration if it intends to continue placing or
maintaining a Communications System or any Communications Facilities in the Public Rights of
Way.
(e) Registration, in and of itself, does not establish a right to place or maintain or a
priority for the placement or maintenance of a Communications System or any Facility in the Public
Rights of Way, but shall establish for the Communications Services Provider a right to apply for an
Development Permit from the City. Registrations are expressly subject to any future amendment to or
replacement of this Article and further subject to any additional City ordinances, as well as any State
or Federal laws that may be enacted. Registration does not excuse or exempt a Communications
Services Provider from having to obtain on Business Tax License from the City in accordance with
the City Code.
(f) A Communications Services Provider shall renew its Registration with the City by
April 1 of even numbered years in accordance with the Registration requirements in this Article,
except that any Communications Services Provider that initially Registers during the even numbered
year when renewal would be due or the odd numbered year immediately preceding such even
numbered year shall not be required to renew its Registration until the next even numbered year.
Within thirty (30) days of any change in the information required to be submitted pursuant to
subsection (a), a Communications Services Provider shall provide updated information to the City. If
no information in the then-existing Registration has changed, the renewal may state that no
information has changed. Failure to renew a Registration may result in the City restricting the
issuance of additional Development Permits until the Communications Services Provider has
complied with the Registration requirements of this Article.
(g) In accordance with applicable City ordinances, codes or regulations, a Development
Permit is required for a Communications Services Provider to place or maintain a Communications
Facility in the Public Rights ofWay. An effective Registration shall be a condition of obtaining such
a Permit. Notwithstanding an effective Registration, all permitting requirements shall apply,
including the requirement to pay for any such permits unless otherwise provided by resolution or
ordinance of the City. A permit may be obtained by or on behalf of the Communications Services
Provider having an effective Registration if all permitting requirements of the City and other
provisions of this Article are met.
(h) A reseller, which by definition does not place or maintain Communications Facilities
in the Public Rights of Way, is not required to Register with the City; provided, however, within
00904259-5 20
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
thirty (30) days of any Registered Communications Services Provider using its Facilities to carry the
Communication Services of any reseller, shall notify the City of the name and address of such
reseller. Any such reseller does not have any right, claim or cause of action to impede the lawful
exercise of the City's rights or police powers, including but not limited to, requiring the Registered
Communications Services Provider to remove such Facilities from the Public Rights of Way.
Section 19-34. Notice of Transfer, Sale or Assignment of Assets.
If a Communications Services Provider transfers, sells or assigns its System or any Facilities
located in the Public Rights of Way incident to a transfer, sale or assignment of the Communications
Services Provider's assets, the transferee, buyer or assignee shall be obligated to comply with the
provisions set forth in this Article. Written notice of any such transfer, sale or assignment shall be
provided by the Communications Services Provider to the City within thirty (30) days after the
effective date of such transfer, sale or assignment. If the transferee, buyer or assignee is not currently
Registered with the City, then the transferee, buyer or assignee must Register as provided in § 19-33
within sixty (60) days of the effective date of such transfer, sale or assignment. If any applications for
Development Permits are pending under the Communications Services Provider's name as of the date
the City receives written notice of the transfer, sale or assignment, then the City shall consider the
transferee, buyer or assignee as the new applicant unless otherwise notified by the Communications
Services Provider, provided the transferee, buyer or assignee is properly Registered with the City.
Section 19-35. Rules, Regulations and General Conditions to Placement of and Use of
Communications Systems and Facilities and Utility Poles in the Public Right of Way.
As a condition of allowing the placement or maintenance of a Communications System or any
Communications Facility or a Utility Pole in the Public Rights of Way, and under additional authority
granted pursuant to Chapter 337, Florida Statutes, the City hereby imposes the following rules,
regulations and general conditions. Unless otherwise provided in this Article III, these rules,
regulations and general conditions shall apply to all Communications Services Providers, including
those that are Pass-through Providers irrespective of whether they place and maintain only conduit,
dark fiber or Pass-Through Facilities in the City.
00904259-5
(a) Rules on Utilization ofthe Public Rights of Way.
(1)
(2)
(3)
Compliance with Laws. A Communications Services Provider shall at all times
be in full compliance with and abide by all applicable Federal, State and local
laws, codes and regulations in placing or maintaining a Communications
System and Facilities and Utility Poles in the Public Rights of Way.
Due Care. A Communications Services Provider shall use and exercise due
caution, care and skill in performing work in the Public Rights of Way and
shall take all reasonable steps to safeguard work site areas.
Permits. A Communications Services Provider shall not commence to place or
maintain a Communications Facility or Utility Pole in Public Rights of Way
until all applicable permits have been issued by the City and other appropriate
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Agenda Item 1A
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authority, except in the case of an emergency. The term "emergency" shall
mean a condition that affects the public's health, safety or general welfare,
which includes an unplanned out-of-service condition of a pre-existing service.
The Communications Services Provider shall provide prompt notice to the City
of the placement or maintenance of a Communications Facility or Utility Pole
in the Public Rights of Way in the event of an emergency and shall, after the
fact, be required to submit plans and Record Drawings and As-Built Surveys, if
required by the City Manager or his designee, showing the placement or
relocation of a Communications Facility or Utility Pole undertaken in
connection with the emergency.
( 4) Application for Development Permit. Prior to the issuance of a Development
Permit to allow the placement or maintenance of a Communications System or
Facility or Utility Pole in the Public Rights of Way, an applicant shall submit
an application for a Development Permit. In addition to any information
required pursuant to Section 19-20) of Article I of this Chapter 19, the
Communications Services Provider shall provide all of the following:
a. Engineering plan. An engineering plan that includes:
1. The type of proposed Facility, location of the proposed Facility or
Utility Pole, and the dimensions, height, footprint, stealth design, and
concealment features of the proposed Facility or Utility Pole;
2. The distances between the proposed Facility or Utility Pole and
pavement, sidewalks, driveways, ramps, trees, underground Utilities
and other above-grade and below-grade structures and Utilities
located within 500 feet from the proposed Facility or Pole and within
the Public Rights of Way;
3. Sufficient specificity demonstrating compliance with the ·Florida
Building Code, the Florida Department of Transportation's Manual of
Minimum Standards, the Utility Accommodation Guide, the Trench
Safety Act (Chapter 553, Florida Statutes), the Underground Facility
Damage Prevention & Safety Act (Chapter 556, Florida Statutes), the
"Safety Rules for the Installation & Maintenance of Electrical Supply
& Communication Lines" established by the U.S. Department of
Commerce, Bureau of Standards and the National Electric Safety
Code, as amended and as applicable;
4. For Utility Poles, the Global Positioning System (GPS) coordinates of
the proposed Utility Pole. The GPS coordinates shall be based on the
reading from a handheld mobile GPS unit set to Datum NAD 83 or
WGS84. GPS coordinates based on Google Earth or similar
application may be used where areas of shading occur due to
overhead canopy. GPS coordinates shall be provided in decimal
degrees at a six (6) decimal point precision; .
00904259-5 22
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Minutes of December 11, 2017
Agenda Item 1A
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5. Attestation that the proposed Facility or Utility Pole is located within
the Public Rights of Way, except that if the City Manager or his
designee reasonably disagrees the applicant must submit a survey;
and
6. Trees or landscaping to be removed or impacted upon the placement
or maintenance of the proposed Facility or Utility Pole. If the
placement or maintenance of a Facility or Utility Pole that impacts or
removes a Regulated Tree in accordance with Chapter 23 of the City
Code, the applicant shall provide additional infmmation and
documentation in accordance with Chapter 23 of the City Code and
comply with said Chapter 23.
b. Description of installation or Construction. The applicant shall provide a
description of the manner in which the Facility or Utility Pole will be
installed and/or modified (i.e. anticipated Construction methods or
techniques).
c. Temporary sidewalk closure plan. The applicant shall provide a temporary
sidewalk closure plan, if applicable, to accommodate placement or
maintenance of the Facility or Utility Pole.
d. Temporary maintenance of traffic (MOT) plan. The applicant shall
provide a temporary traffic lane closure and maintenance of traffic (MOT)
plan, if applicable, to accommodate placement or maintenance of the
Facility or Utility Pole.
e. Restoration plan and estimated cost of restoration of the Public Rights of
Way. A restoration plan and a good faith estimate of the cost of restoration
of the Public Rights of Way to the condition prior to commencing work in
the Public Rights of Way. Such good faith estimate shall be accepted by
the City unless the City determines such estimated costs are not
representative of the actual costs of the restoration of the Public Rights of
Way. Estimates of the cost to restore the Public Rights of Way shall
include all costs necessary to restore the Public Rights of Way to its
original condition. Such good faith estimate may include, but shall not be
limited to, costs to restore the paving, curbs/gutters, sidewalks, multi-
purpose trails, and landscaping. All planted or naturally occurring
shrubbery or vegetation, including sod, damaged or destroyed during work
in the Public Rights of Way shall be replaced. Tree removal shown on the
permit shall not be considered damage or impairment to be restored to the
original condition provided the person complies with the approved
mitigation plan, if any.
f. Timetable for Construction or installation. The timetable for construction,
placement or maintenance of the proposed Facility or Utility Pole or each
phase thereof.
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g. Indemnification. A statement shall be included within the permit
application that by execution of the application, the applicant shall be
bound to the City with respect to the indemnification provisions set forth
in Section 19-44.
h. Airport airspace protection. Applicant shall comply with Chapter 333,
F.S., and all State and federal laws and regulations pertaining to airport
airspace protections.
1. Attestation. For Utility Poles that are intended to support the Collocation
of Small Wireless Facilities, the applicant shall provide an attestation by
an officer of the Registrant that a Small Wireless Communications Facility
will be Collocated on the Utility Pole and will be used by a Wireless
Services Provider to provide service within nine (9) months after the date
the application is approved.
J. Iriformation regarding height limitations. For Utility Poles intended to
support the Collocation of Small Wireless Facilities, the applicant shall
provide information regarding the heights of other Utility Poles located in
the same Public Rights of Way, measured from grade in place within five
hundred (500) feet of the proposed location of the Utility Pole. If there is
no Utility Pole within five hundred (500) feet of the proposed location of
the Utility Pole intended to suppmi the Collocation of Small Wireless
Facilities, the applicant shall certify such.
k. Additional iriformation as reasonably required for review of permit
application. Such additional information as the City Manager or his
designee finds reasonably necessary to demonstrate the applicant's
compliance with applicable codes, local laws and regulations, and State
and federal laws with respect to the placement or maintenance of the
proposed Facility or Utility Pole that is the subject of the permit
application.
(b) Application review timeframes. An application for a permit for an At-grade Facility,
Below-grade Facility, Wireline Facility or Utility Pole not intended to support the Collocation of
Small Wireless Facilities in the Public Rights of Way shall be reviewed by the City as follows:
(1)
00904259-5
Notice of application deficiency. Within thirty (30) days after the date of filing
an application, the City Manager or his designee shall determine whether the
application is complete. If an application is deemed incomplete, the City
Manager of his designee shall notify the applicant by electronic mail and
specifically identify the missing infmmation.
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(2) Application review period. Within sixty (60) days after the date of filing an
application, the City Manager or his designee shall approve or deny the
application.
(3) Notice of denial; resubmission. Should the application be denied, the City
Manager or his designee shall notify the applicant by electronic mail and
specify the basis for denial, including the specific code provisions on which the
denial is based. The applicant may cure the deficiencies identified by the City
Manager or his designee and resubmit the application within thirty (30) days
after the notice of denial is sent. The City Manager or his designee shall
approve or deny the revised application within thirty (30) days after the date of
filing the revised application. A denial of a permit may be appealed pursuant to
Section 19-40.
( 4) Repurposed Structures and Utility Poles intended to support the Collocation of
Small Wireless Facilities. An application for a Repurposed Structure or Utility
Pole intended to support the Collocation of Small Wireless Facilities shall be
reviewed by the City pursuant to the application review timeframes set forth in
Section 19-37.2.
(c) A permit application for a Repurposed Structure or a Utility Pole intended to support
the Collocation of Small Wireless Facilities shall be submitted prior to or contemporaneously with a
permit application for a Small Wireless Facility.
Section 19-36. At-grade Facility, Below-Grade Facility, Wireline Facility, and Utility Pole
Permit Conditions.
(a) At-grade Facilities, Below-grade Facilities, Wireline Facilities, and Utility Poles, may
be placed and maintained within the Public Rights of Way subject to the City's consideration of the
following standards and minimum requirements:
(1)
(2)
(3)
00904259-5
Sufficiency of space to accommodate present and pending applications for use
of the Public Rights of Way. The sufficiency of space to accommodate all of
the present and pending applications to place other Communications Facilities,
Utility Poles, Utilities, and other structures within the subject area of the Public
Rights of Way;
Sufficiency of space to accommodate the need for projected public
improvements. The sufficiency of space to accommodate budgeted City plans
for public improvements or projects adopted as part of the Atlantic Beach
Capital Improvements Schedule or other approved capital improvements lists
as part of the Atlantic Beach Comprehensive Plan;
Impact on traffic and traffic and pedestrian safety. The impact on traffic and
traffic and pedestrian safety. Such impact evaluation will include, without
limitation, potential traffic and pedestrian interference, interference with the
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efficient movement of people and property, interference with sight lines or
clear zones for transportation, pedestrians or public safety purposes; and
(4) Applicable Codes. Applicable codes and State and federal laws and
regulations, including the general permit conditions in Section 19-35 and the
Objective Design Standards in Section 19-36.1.
(b) A permit for a proposed At-grade Facility, Below-grade Facility, Wireline Facility, or
Utility Pole shall remain effective for and construction must be completed within sixty (60) days. The
City Manager or his designee may extend the expiration date of the permit for good cause.
(c) A permit for a proposed Repurposed Structure or Utility Pole intended to support the
Collocation of Small Wireless Facilities shall remain effective for and construction must be
completed within one (1) year. The City Manager or his designee may extend the expiration date of
the permit for good cause.
(d) A newly constructed Utility Pole permitted by the City to support the Collocation of
Small Wireless Facilities may only contain Small Wireless Facilities, except as provided herein.
Unless otherwise exempted by State or federal law or this Article, antennas, wires, or other facilities
may not be mounted on the Utility Pole intended to support the Collocation of Small Wireless
Facilities without a permit or authorization from the City.
00904259-5
(e) The following additional general permit conditions shall apply:
(1)
(2)
(3)
Revised Plans. If the plans or drawings submitted showing the proposed
location for installation of the Facility in the Public Rights of Way require
revision for any reason prior to commencing construction, the Communications
Services Provider shall promptly submit revised plans and drawings to the City
Manager or his designee.
Limited Purpose of Development Permit. A Development Permit issued by the
City constitutes authorization to undertake only certain activities in Public
Rights of Way in accordance with this Article, and does not create any
property right or other vested interest, or grant authority to impinge upon the
rights of others who may have an interest in the Public Rights of Way.
Development Permits shall be granted only for specific routes or locations in
the Public Rights of Way and for such term as described in the Permit. The
City's issuance of a Development Permit shall not be construed as a warranty
that the placement of any Communications Facility is in compliance with
applicable codes, regulations or laws.
Responsibility for Contractors. Every Communications Services Provider that
is Registered with the City shall be liable for the actions of contractor(s) hired
by them to perform the placement or maintenance of Facilities in the Public
Rights of Way and shall be responsible for making sure that such contractor
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meets and complies fully with the rules, regulations and general conditions set
forth in this Article.
(4) Provision and Form of Record Drawings and As-Built Surveys. Within forty
five ( 45) days after completion of any placement or maintenance of a
Communications Facility in the Public Rights of Way, the Communications
Services Provider shall provide the City with Record Drawings showing the
final location of such Facility in the Public Rights of Way. The
Communications Services Provider shall also provide the City with As-Built
Surveys within forty five ( 45) days after completion of any placement or
maintenance of a Communications Facility in the Public Rights of Way. The
Record Drawings and As-Built Surveys shall be provided to the City at no cost.
(5) Production and Filing of As-Builts. Every Communications Services Provider
that is Registered with the City shall produce and keep on file at its principal
place of business an accurate and complete set of As-Builts of all Facilities
placed and maintained in the Public Rights of Way. The location and
identification of Facilities and the production of As-Builts shall be at the sole
expense of the Communications Services Provider. Within thirty (30) days of
any Vlfitten request by the City Manager or his designee completion of As-
Builts, the Communications Services Provider must provide to the City, at no
cost, copies of complete sets of As-Builts for the indicated Public Rights of
Way. The failure of the Communications Services Provider to produce, keep
on file, or provide to the City As-Builts as required is sufficient grounds for the
City to deny the issuance of Development Permits in the future.
(6) Removal of Facilities Placed Without Permit. Any Communications Facilities
placed in the Public Rights of Way by the Communications Services Provider
without first having obtained the required Development Permits shall be
removed within thirty (30) days of written notice from the City to remove the
same, and if not timely removed in compliance with such notice, such
Facilities may be removed by order of the City Manager or his designee and
the cost of removal shall be borne and paid by the Communications Services
Provider upon demand.
(7) Sunshine State One-Call. Every Communications Services Provider shall
utilize, and if permissible, maintain membership in the utility notification one
call system administered by Sunshine State One-Call of Florida, Inc.
(8) Safety and Minimal Interference. All placement and maintenance of
Communication Facilities in the Public Rights of Way shall be subject to the
City Code and other regulations of the City pertaining thereto, and shall be
performed with the least possible interference with the use and appearance of
the Public Rights of Way and the rights and reasonable convenience of the
property owners who abut or adjoin the Public Rights of Way and in
compliance with the rules and regulations of the Florida Department of
00904259-5 2 7
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(9)
(10)
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Transportation. The Communications Services Provider shall at all times
employ reasonable care and use commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage or injury or
be a nuisance to the public. Suitable barricades, flags, lights, flares, or other
devices shall be used at such times and places as are reasonably required for
the safety of all members of the public. All placement and maintenance shall
be done in such a manner as to minimize to the greatest extent any interference
with the usual travel on such Public Rights of Way. The use of trenchless
technology (i.e., microtunneling and horizontal directional drilling techniques)
for the installation of Communications Facilities in the Public Rights of Way
as well as joint trenching or the co-location of facilities in existing conduit is
strongly encouraged, and should be employed wherever and whenever feasible.
Correction of Harmful Conditions. If, at any time, the City or other authority of
competent jurisdiction reasonably determines that any Communications
Facility is, or has caused a condition that is, harmful to the health, safety or
general welfare of any Person, then the Communications Services Provider
shall, at its own expense, promptly correct or eliminate all such Facilities and
conditions. In an emergency, as determined by the City Manager or his
designee, when the Communications Services Provider is not immediately
available or is unable to provide the necessary immediate repairs to any
Communications Facility that is damaged or malfunctioning, or has caused a
sunken area or other condition and, in the City Manager or his designee's sole
discretion, is deemed a threat to public safety, then the City, when apprised of
such an emergency, shall have the right to remove, make repairs to or eliminate
same with the total cost being charged to and paid for by the Communications
Services Provider upon demand.
Remedy of Hazardous Conditions. If, at any time, a condition exists that the
City or other authority of competent jurisdiction reasonably determines is an
emergency that is potentially hazardous or life threatening to any person or is a
threat to the health or safety of the general public, and to remedy such
condition the City or other authority of competent jurisdiction reasonably
determines that a Communications Services Provider must temporarily relocate
or temporarily shut off service or transmissions through a specific Facility,
then the City, as an appropriate exercise of its police powers, may order the
Communications Services Provider to immediately perform such temporary
relocation or shut off until the condition has been remedied, and to do so at its
own expense and without liability to or recourse against the City. In such an
emergency, when the Communications Services Provider is not immediately
available or is unable to provide the necessary immediate relocation or shut off
of the specific Communications Facility, then the City shall have the right to
perform, or cause to be performed, such temporary relocation or shut off until
the condition has been remedied with the total cost being charged to and paid
for by the Communications Services Provider upon demand.
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(11) Interference with Other Facilities. A Communications Services Provider shall
not, in violation of any applicable laws or regulatory standards, design, place
or maintain its Communications Facilities in a manner that will interfere with
the signals or facilities of any municipal or county police, fire or rescue
department, the facilities of any public utility, or the Communications
Facilities of another Communications Service Provider, including any cable
service provider.
(12) Relocation or Removal of Facilities. Except in cases of emergency, a
Communications Services Provider, at its own expense, shall:
a. Upon thirty (30) days written notice, relocate or remove, as specified in
said notice, its Communications Facility in the event the City finds that
the particular Facility is unreasonably interfering in some way with the
convenient, safe or continuous use, or the maintenance, improvement,
extension or expansion of any Public Rights of Way. The City shall
provide the Communications Services Provider with a notice and order as
provided for in § 337.404, Florida Statutes, or any subsequently enacted
law of the State of Florida, in the event it charges the Communications
Services Provider for the cost and expense of relocating or removing such
Facility pursuant to this paragraph.
b. Within a reasonable period of time from the date of written notice from
the City, but not more than one hundred twenty (120) days thereafter,
relocate or remove, as specified in said notice, its Communications
Facility in the event the City Manager or his designee determines it
necessary for the construction, completion, repair, relocation or
maintenance of a City project, because the particular Communications
Facility is interfering with or adversely affecting the proper operation of
street light poles, traffic signals, or any communications system belonging
to the City or an agency thereof or because the particular Communications
Facility is interfering with the signals or facilities of the Atlantic Beach
Police Department, the Jacksonville Sheriffs Office, City of Jacksonville
Fire and Rescue Department, the JEA or the City's municipal public utility
or any other City or County public entity. In the event the City issues any
such written notice to the Communications Services Provider pursuant to
this paragraph, and the Communications Services Provider fails to cause
the aforementioned relocation or removal as required herein, the City shall
be entitled to relocate or remove such Facilities without further notice to
the Communications Services Provider and the total cost and expense
shall be charged to the Communications Services Provider.
(13) Temporary Raising or Lowering of Facilities. A Communications Services
Provider, upon request of any Person holding a validly issued building or
moving permit from the City to temporarily encroach on or perform moving
operations in or across the Public Rights of Way, shall temporarily raise or
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lower its Communications Facilities to accommodate such temporary
encroachment or move. The expense of such temporary raising or lowering of
Facilities shall be paid by the Person requesting the same, and the
Communications Services Provider shall have the authority to require such
payment in advance. The Communications Services Provider shall be given not
less than twenty (20) days advance written notice from such Person to arrange
for the temporary relocation, which notice must detail the time and location of
the permitted activity, and not less than twenty four (24) hours advance notice
from the permit holder advising of the actual operation. The City is not subject
to, nor shall it be liable for, any such expense or notice requirement for the
moving of houses or structures performed by the City or its contractors.
(14) Coordination. In an effort to minimize the adverse impact on the Public Rights
of Way and other municipal improvements, a Communications Services
Provider may be required by the City Manager or his designee to coordinate
the placement or maintenance of its Facilities with any work, construction,
installation in or repairs of the subject Public Rights of Way or other Facilities
therein that is occurring or is scheduled to occur within a reasonable time from
application for a Development Permit as determined by the City Manager or
his designee. Every Communications Services Provider shall make space in its
trench and/or conduit within the Public Rights of Way available to other
providers consistent with the federal requirements of 47 U.S.C. § 224. Every
Communications Services Provider shall utilize existing conduits, pathways
and other Facilities whenever possible, and shall not place or maintain any
new, different, or additional poles, conduits, pathways or other Facilities,
whether in the Public Rights of Way or on privately-owned property, until
written approval is obtained from the City or other appropriate governmental
authority, and, where applicable, from the private property owner.
(15) Collocation and Joint Use. A Communications Services Provider, in an effort
to minimize the adverse impact on the useful life of the Public Rights of Way,
shall, whenever possible, enter into joint use agreements with the City and
other parties who have Registered with, or who are expressly authorized by,
the City to use its Public Rights of Way; provided that the terms of such
agreements are satisfactory to the Communications Services Provider. Nothing
herein contained shall mandate that the Communications Services Provider
enter into joint use agreements with parties other than the City or an agency of
the City. However, prior to placement of any new or additional underground
conduit in the Public Rights of Way, a Communications Services Provider is
required to certify in writing to the City Manager or his designee that it has
made appropriate inquiry to all existing utilities and other entities possessing a
right to occupy the Public Rights of Way as to the availability of existing or
planned conduit that the particular Communications Services Provider could
reasonably utilize to meet its needs, and that no such conduit is available or
planned at a, reasonable cost by any other entity on the time . schedule
reasonably needed. The Communications Services Provider shall not be
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permitted to perform any placement or maintenance of Facilities in those
segments of the Public Rights of Way where there exists vacant or available
conduit, dark fiber or surplus fiber owned by the City, an agency of the City or
another governmental body which is or, through a reasonable amount of effort
and expense, can be made compatible with the Communications Services
Provider's System or network. Under such circumstances the Communications
Services Provider shall have the opportunity to enter into a use agreement or
lease arrangement with the City or an agency of the City at or below
reasonable and prevailing market rates for such conduit or fiber or, where
owned by another governmental body, shall, in good faith, first exhaust all
means of obtaining use of such conduit or fiber before applying for an
Development Permit from the City.
(16) City Not Liable. Except for acts of willful misconduct or gross negligence and
to the extent permitted by applicable law, neither the City nor its officials,
boards, councils, consultants, agents, employees or independent contractors
shall have any liability to the Communications Services Provider for any
claims for any damages, costs, expenses or losses resulting from the City's
breakage, removal, alteration or relocation of any Facilities of any
Communications Services Provider which arose out of or in connection with
any emergency or disaster situation or was, in the sole discretion of the City
Manager or his designee, deemed necessary to facilitate any public works
project, public improvement, alteration of a City structure, change in the grade
or line of any Public Rights of Way, or the elimination, abandonment or
closure of any Public Rights of Way or was found by City Commission to be in
the best interest of the health, safety or general welfare of the public; nor shall
any charge be made by the Communications Services Provider against the City
for any damages, costs, expenses or losses related thereto.
(17) No Exemption from Permits. Nothing in this Chapter shall exempt any
Communications Services Provider from obtaining Development Permits for
work done within the Public Rights of Way.
(18) Subject to Police Powers. The rights ofthe Communications Services Provider
shall be subject to all lawful exercise of police power by the City, and to such
other reasonable regulation of the Public Rights of Way as the City shall
hereafter by resolution or ordinance provide in the interest of the health, safety
and general welfare of the public. Any inconsistency or ambiguity between the
provisions of this Chapter 19 and any lawful exercise of the City's police
power shall be resolved in favor of the latter.
(19) City Inspection. The City shall have the right to make such inspections of a
Communications System or Facilities placed or maintained in the Public Rights
of Way as it finds necessary to ensure compliance with this Chapter. This
Chapter shall not be construed to create or hold the City responsible or liable
for any damage to persons or property by reason of any inspection by the City
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of the placement or maintenance of a Communications System or Facility as
authorized herein or failure by the City to so inspect.
(20) Access to Manholes. The City, in the proper exercise of its municipal powers
and duties with respect to the Public Rights of Way, shall have access at any
time to all hand holes and manholes in the City belonging to a
Communications Services Provider. Before accessing any manhole, the City
will make a reasonable good faith effort to provide the Communications
Services Provider prior notice to afford an opportunity to have trained
personnel present, unless determined by the City to be an emergency situation.
(21) Compatibility, Capacity and Interference Issues. To properly manage and
control the use of the Public Rights of Way, and to protect the health, safety
and general welfare of the public, the City, in its legislative and regulatory role,
shall be the final authority on permitting a Communications System or Facility
to be placed in the Public Rights of Way and shall exercise such authority in a
non-discriminatory manner. It shall be in the sole discretion of the City
Manager whether an easement is compatible with or allows for its use by a
Communications System or Facility. It shall be in the sole discretion of the
City Manager or his designee, based on the nature, design, size, configuration
or proposed location of any Communications System or Facility, whether there
is sufficient Capacity in a particular section of the Public Rights of Way or
whether such System or Facility will interfere with the Facilities or equipment
of any municipality, county, public utility, cable operator, or other
Communications Service Provider.
(22) No Warranty of Fitness or Suitability. The City makes no express or implied
warranties or representations regarding the fitness, suitability, or availability of
the Public Rights of Way for any Communications System or Facility or its
right to authorize the placement or maintenance of any Communications
System or Facility in the Public Rights of Way. Any performance of work,
costs incurred or services rendered by a Communications Services Provider
shall be at such Provider's sole risk. Nothing in this Chapter shall affect the
City's authority to acquire or add Public Rights of Way, or to vacate or
abandon Public Rights of Way as provided for in the City Code or applicable
law. The City makes no express or implied warranties or representations
regarding the availability of any acquired, added, vacated or abandoned Public
Rights of Way for a Communications System or Facility.
(23) Annexations. Upon the annexation of any territory to the City of Atlantic
Beach, the provisions of this Article III, Chapter 19 and the rules, regulations
and general conditions contained herein shall extend to the territories so
annexed; and all Facilities placed, maintained, owned or operated by any
Communications Services Provider extending into or already located in the
Public Rights of Way of the territory so annexed, shall thereafter be subject to
all terms hereof, as the same may be amended from time to time.
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Section 19-36.1. Objective Design Standards
(a) Intent and purpose. At-grade Facilities, Below-grade Facilities, Wireline Facilities,
and Utility Poles shall be designed in such a manner to ensure such Facilities and Utility Poles are
placed in a safe location that do not interfere with the traveling public, and shall be designed to
maximize compatibility with the Surrounding Neighborhood and to minimize any negative visual
impact on the Surrounding Neighborhood. As used in this Section, the term Facility shall be used to
collectively refer to At-grade Facilities, Below-grade Facilities, and Wireline Facilities. The
following design standards shall apply, unless waived pursuant to Section 19-36.2.
(b) Stealth design. Utility Poles shall be made of substantially the same material, color,
and design, including diameter, as other Utility Poles within the same Public Rights of Way;
however, a Utility Pole made of a steel, concrete, or fiberglass, and black or gray in color, shall not
require a waiver regardless of the material and color of other if the Utility Poles within the same
Public Rights of Way are wood. A Repurposed Structure shall be of substantially similar design,
including diameter, material, and color of the Existing Structure being replaced by the Repurposed
Structure. The Repurposed Structure shall be located in approximately the same location as the
Existing Structure. The Repurposed Structure shall continue to serve its primary function. If the City
has a planned project to replace Utility Poles in the same Public Rights of Way, the Repurposed
Structure shall conform to the City's updated design, material, and color.
(c) Concealment. The following concealment standards shall apply to proposed Facilities
and Utility Poles.
(1)
(2)
(3)
00904259-5
Signage shall not be placed or maintained on any Facility or Utility Pole within
the Public Rights of Way, unless otherwise required by State or federal laws or
regulations, or as permitted by the City; provided however, that Existing
Structures that lawfully supported signage before being repurposed may
continue to support signage as otherwise permitted by law.
A Facility or Utility Pole shall not have any type of lighted signal, lights, or
illuminations unless required by an applicable State or federal laws or
regulations, or as permitted by the City.
At-grade Facilities shall be located in areas with existing foliage or other
aesthetic features to obscure the view of the At-grade Facility or shall be
designed to appear similar to other At-grade Facilities in the same Public
Rights of Way. Any additional plantings proposed pursuant to this subsection
shall be approved by the City. An applicant may also utilize a wrap for At-
grade Facilities. An applicant may propose a wrap design not previously
approved by the City by applying for and obtaining a waiver pursuant to
Section 19-36.2. Wraps shall be maintained by the applicant such that the wrap
does not peel or significantly fade.
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(d) Maximum height restrictions. The height of a Utility Pole, including without limitation
any Utility Pole intended to support the Collocation of Small Wireless Facilities, is limited to the
tallest existing Utility Pole as of July 1, 2017, located in the same City Public Rights of Way, other
than a Utility Pole for which a waiver has previously been granted, measured from grade in place
within five hundred (500) feet of the proposed location of the Utility Pole. Ifthere is no Utility Pole
within five hundred (500) feet, the Utility Pole shall be limited to fifty (50) feet.
(e) Location context. The following location context standards shall apply to proposed
Facilities and Utility Poles.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
00904259-5
Installation at outermost boundary of Public Rights ofWay. At-grade Facilities
and Utility Poles shall be placed at the farthest distance practicable from the
edge of pavement unless there is a designated corridor within the Public Rights
of Way.
Equidistant requirement. Utility Poles are strongly encouraged to be placed
equidistant between existing Utility Poles, if any, within the Public Rights of
Way.
Common property line. For Placement within residentially-zoned districts, At-
grade Facilities and Utility Poles are strongly encouraged to be placed at the
common property line of the parcels that abut the Public Rights of Way or
otherwise demonstrate the least impact to access such parcels.
Prohibition against placement that significantly impairs view from principal
structures within residential blocks. At-grade Facilities and Utility Poles, shall
be placed such that views from principal structures within residential districts
are not significantly impaired.
Non-Residentially Zoned Districts. At-grade Facilities and Utility Poles are
strongly encouraged to be placed at the common property lines of the parcels
that abut the Public Rights of Way, or otherwise demonstrate the least impact
to such parcels.
Prohibition against placement in location where facilities are placed
underground. At-grade Facilities, aerial Wireline Facilities, and Utility Poles in
the Public Rights of Way shall comply with undergrounding requirements of
the City that prohibit aboveground structures in the Public Rights of Way, as
applicable.
Tree Removal. The Placement or Maintenance of a Small Wireless Facility that
results in the impact or removal of a Regulated Tree shall comply with the
provisions of Chapter 23 of the City Code. Tree removal is not permitted
within the Public Rights of Way to increase signal strength or provide a line-
of-sight.
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(8) Prohibition against Placement in violation of OSHA or NESC rules and
regulations. At-grade Facilities, Below-grade Facilities, Wireline Facilities,
and Utility Poles shall not be placed in a location which violates rules and
regulations set by the Occupational Safety and Health Administration or the
National Electric Safety Code.
(9) Wireless Facilities may not be located on Utility Poles twelve (12) feet or less
in height above grade, unless incorporated within the Utility Pole under a top
mounted street light. On wood Utility Poles, said Facilities must be flush-
mounted.
Section 19-36.2. Waiver of the Objective Design Standards for At-grade Facilities, Below-grade
Facilities, Wireline Facilities, and Utility Poles.
(a) The waiver provisions listed in this subsection apply in those circumstances where a
Provider's use of the Public Rights of Way is impaired by strict application of the requirements of
this Article. Objective design standards provided in Section 19-36.1 may be waived by the City
Manager or his designee.
(b) A request for a waiver shall be filed contemporaneously with the permit application.
The request for waiver shall state each Section or subsection for which a waiver is being sought. A
request for a waiver shall include the following information:
(1) A detailed explanation, with supporting engineering or other data, as to why a
waiver from the requirements of this Article is required, including a detailed
explanation addressing the relevant criteria to be considered by the City
Manager or his designee as provided in subsection (c);
(2) Design of the proposed At-grade Facility or Utility Pole, with particular
reference to achieving compatibility with the Surrounding Neighborhood and
eliminating adverse visual impacts on the Surrounding Neighborhood; and
(3) Any other information the City Manager or his designee may reasonably
require to process the request for waiver.
(c) The City Manager or his designee shall consider the following criteria when
determining whether to grant or deny a permit:
(1)
(2)
00904259-5
Any special conditions and circumstances affecting the proposed site which
prevent compliance with the Section or subsection for which a waiver is being
sought;
The compatibility of the proposed waiver Communications Facility or Utility
Pole with Adjacent Properties and the Surrounding Neighborhood;
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(3) Whether there is an excessive expense associated with compliance with the
Section or subsection for which a waiver is being sought; or
(4) Whether the proposed waiver preserves to the City flexibility m its
management of the Public Rights of Way.
(d) In granting any waiver, the City Manager or his designee may impose conditions to
the extent the City Manager or his designee concludes such conditions are necessary to minimize any
adverse effects of the proposed Communications Facility or Utility Pole on the Surrounding
Neighborhood, or to protect the health, safety and welfare of the public.
(e) The City Manager or his designee shall grant or deny a request for a waiver within
forty-five (45) days after receiving the request for waiver. Should a request for waiver, and ultimately
a permit, be denied by the City Manager or his designee, the denial of the waiver may be appealed in
conjunction with an appeal of the permit denial in accordance with Section 19-40.
Section 19-37. Wireless Facilities.
(a) Applicability. This Section shall apply to any person who seeks to construct, place,
install, maintain or operate a Wireless Facility in the Public Rights of Way, unless otherwise exempt
by operation of applicable codes or State or Federal laws or regulations. This Section shall not apply
to Wireless Communications Facilities owned by a Person, including the City, to the extent such
facilities are utilized only on an internal, non-commercial basis by said person.
This Article is intended to implement the Advanced Wireless Infrastructure Deployment Act,
Section 337.401(7), F.S. In the event the Advanced Wireless Infrastructure Deployment Act, Section
337.401(7), F.S., is repealed, amended, or overturned by a court of competent jurisdiction, in whole
or in part, provisions of this Section may no longer apply, in which case pending and future
applications for Wireless Facilities and Utility Poles intended to support the Collocation of Small
Wireless Facilities in the Public Rights of Way, will be governed by applicable law.
Section 19-37.1. Wireless Facilities Allowed in the Public Rights of Way.
(a) Subject to the requirements of this Article III, only the following Wireless Facilities
may be Placed or Maintained within the Public Rights of Way:
(b)
00904259-5
(1) Small Wireless Facilities Collocated on Existing Structures or Collocated on
new Utility Poles intended to support the Collocation of Small Wireless
Facilities; and
(2) Micro Wireless Facilities suspended on cable strung between Existing
Structures.
Wireless Support Structures are not permitted within the Public Rights of Way.
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(c) Wireless Facilities shall not be permitted in the Public Rights of Way except as
permitted in this Section, unless otherwise permitted by applicable State or federal laws or regulation.
(d) The approval of the installation, construction, placement, maintenance, or operation of
a Small Wireless Facility pursuant to this Section does not authorize the provision of any voice, data,
or video communications services or the installation, placement, maintenance, or operation of any
Communications Facilities other than Small Wireless Facilities in the Public Rights of Way.
Section 19-37.2. Permit Requirements; Application; Review Timeframes.
(a) Permit Required. A Registrant shall not commence to place or maintain a Wireless
Facility in the Public Rights of Way until all applicable permits have been issued by the City, except
for Limited Work as provided in subsection (b), unless otherwise authorized by applicable codes or
State or federal laws or regulations. A Registrant may submit a consolidated permit application and
receive a single Permit for the collocation of up to thirty (30) Small Wireless Facilities. The
Registrant acknowledges that as a condition of granting permits, the City may impose reasonable
conditions governing the placement or maintenance of a Wireless Facility in the Public Rights of
Way as set forth in Section 337.401, F.S., as amended. Permits shall apply only to the areas of the
Public Rights of Way specifically identified in the permit.
00904259-5
(b) Permit Not Required.
(1) A Registrant shall be allowed to perform Limited Work within the Public
Rights of Way without first obtaining a Permit if such proposed Limited Work
does not involve excavation or the closure of a vehicle lane. As used in this
section, the term Limited Work shall mean:
a. Routine maintenance;
b. Replacement of an existing Wireless Facility with a Wireless Facility that
is substantially similar or of the same or smaller size; or
c. Installation, Placement, Maintenance, or replacement of a Micro Wireless
Facility that is suspended on cable strung between Existing Structures in
compliance with applicable codes by or for a properly Registered
Communications Services Provider.
(2) Prior to performing any Limited Work, a Registrant shall provide reasonable
advance written notice to the City identifying the areas where such
maintenance will occur, scope of maintenance, date(s) and duration of work to
be performed. If any Limited Work requires the closure of a vehicle lane, a
lane closure permit shall be required.
(3) A Registrant shall be allowed to perform emergency maintenance within the
Public Rights of Way without first obtaining a permit. However, a Registrant
shall provide prompt notice to the City of the emergency maintenance and,
within fifteen (15) days of completing the emergency maintenance, apply for a
permit in accordance with subsection (d) herein if such activity required a
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permit under this Section. As used in this Section, the term emergency
maintenance means the repair or replacement of a Wireless Facility as a result
of a condition that affects the public health, safety or welfare, which includes
an unplanned out-of-service condition of a preexisting service.
(4) The City Manager or his designate may issue an immediate stop work order
where any Limited Work poses a serious threat to the health, safety or welfare
of the public until such time as such serious threat has been abated.
(c) Presubmittal conference. Prior to submitting a permit application, the applicant is
encouraged to schedule a presubmittal conference with the City. A presubmittal conference is not
required prior to submitting a permit application.
(d) Permit Application. As part of any permit application to place or maintain a Small
Wireless Facility in the Public Rights of Way, the Registrant shall provide a permit application or
consolidated permit application that sets forth, at a minimum, the following:
(1) Engineering plan. An engineering plan signed and sealed by a Florida licensed
professional engineer, that includes:
a. The type of proposed Wireless Facility including the dimensions,
volume, height, footprint, and stealth design and concealment features of
the proposed Small Wireless Facility, and location of the proposed Small
Wireless Facility, including whether the proposed Small Wireless Facility
is proposed within a location subject to restrictions pursuant to Section
19-37.4( c )(1 );
b. The type of structure intended to support the Small Wireless Facility,
such as an Existing Structure, Repurposed Structure, or Utility Pole
intended to support the Collocation of the Small Wireless Facility,
including supporting documentation that the structure can support the
additional load ofthe proposed Small Wireless Facility, if applicable;
c. The distance of the proposed Small Wireless Facility, including ground-
mounted equipment, and nearby pavement, sidewalks, driveways, ramps,
trees, underground Utilities and other above-grade and below-grade
structures and Utilities located nearby within the Public Rights of Way;
d. The Global Positioning System (GPS) coordinates of the proposed Small
Wireless Facility. The GPS coordinates shall be based on the reading
from a handheld mobile GPS unit set to Datum NAD 83 or WGS84. GPS
coordinates based on Google Earth or similar application may be used
where areas of shading occur due to overhead canopy. GPS Coordinates
shall be provided in decimal degrees at a six ( 6) decimal point precision;
e. Sufficient specificity demonstrating compliance with the Florida Building
Code and other applicable codes, including but not limited to sight lines
or clear zone standards and specifications for transportation, pedestrians,
and public safety as provided in the Florida Department of Transportation
Plans Preparation Manual, Florida Department of Transportation Manual
00904259-5 3 8
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Agenda Item 1A
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(2)
(3)
(4)
(5)
(6)
(7)
00904259-5
12/11/2017
of Unifotm Minimum Standards for Design, Construction and
Maintenance for Streets and Highways (the Florida Greenbook), and the
Florida Department of Transportation Design Standards, as amended, the
Trench Safety Act (Chapter 553, Florida Statutes), the Underground
Facility Damage Prevention & Safety Act (Chapter 556, Florida
Statutes), the "Safety Rules for the Installation & Maintenance of
Electrical Supply & Communication Lines" established by the U.S.
Department of Commerce, Bureau of Standards and the National Electric
Safety Code;
f. Trees and landscaping to be removed or impacted upon the placement or
maintenance of the proposed Small Wireless Facility. The placement or
maintenance of a Small Wireless Facility that results in impacts or
removal of a Regulated Tree shall provide additional information and
documentation in accordance with Chapter 23 of the City Code.
Description of installation or Construction. The Applicant shall provide a
description of the manner in which the Small Wireless Facility will be placed
or maintained (i.e. anticipated Construction methods or techniques).
Pole attachment agreement. For Collocations on Private Utility Poles, the
applicant shall provide a copy of a valid pole attachment agreement for the
Collocation of the proposed Small Wireless Facility. In lieu of providing the
complete pole attachment agreement between the owner of the Private Utility
Pole and applicant, the applicant may provide the first page of such agreement
and the signature page or a notarized letter of authorization from the owner of
the Private Utility Pole, providing adequate identifying information, acceptable
to the City, and indicating the applicant is authorized to Collocate on the
identified Private Utility Pole.
Stealth design. The Applicant shall provide a description of stealth design to be
utilized pursuant to Section 19-37.4(b).
Temporary sidewalk closure plan. The applicant shall provide a temporary
sidewalk closure plan, if applicable, to accommodate placement or
maintenance ofthe Small Wireless Facility.
Temporary maintenance of traffic (MOT) plan. The applicant shall provide a
temporary traffic lane closure and maintenance of traffic (MOT) plan, if
applicable, to accommodate placement or maintenance of the Small Wireless
Facility.
Restoration plan and estimate cost of restoration of the Public Rights of Way.
If applicable, a restoration plan and a good faith estimate of the cost of
restoration of the Public Rights of Way. Such good faith estimate shall be
accepted by the City unless the Public Works Director · determines such
estimated costs are not representative of the actual costs of the restoration of
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the Public Rights of Way. Estimates of the cost to restore the Public Rights of
Way shall include all costs necessary to restore the Public Rights of Way to its
original condition. Such good faith estimate shall include, but is not limited to,
costs to restore the paving, curbs/ gutters, sidewalks, multi -purpose trails, and
landscaping. All planted or naturally occurring shrubbery or vegetation,
including sod, damaged or destroyed during work in the Public Rights of Way
shall be replaced, except tree removals or pruning as allowed by the permit.
(8) Timetable for Construction or installation. The timetable for placement or
maintenance of the proposed Small Wireless Facility or each phase of the
placement or maintenance thereof.
(9) Indemnification. A statement shall be included within the permit application
that by execution of the application, the Registrant shall be bound to the City
with respect to the indemnification provisions set forth in Section 19-44.
(1 0) Airport airspace protection. Applicant shall comply with Chapter 333, F.S.,
and all State and federal laws and regulations pertaining to airport airspace
protections.
(e) Application review timeframes. An application for a permit for a Small Wireless
Facility, Repurposed Structure and Utility Pole intended to support the Collocation of Small Wireless
Facilities within the Public Rights of Way shall be reviewed by the City as follows:
(1)
(2)
00904259-5
Notice of application deficiency. Within fourteen (14) days after the date of
filing an application, unless the timeframe is mutually extended, for the
Collocation of a Small Wireless Facility, Repurposed Structure or Utility Pole
intended to support the Collocation of Small Wireless Facilities the City
Manager or designee shall determine whether the application is complete. If an
application is deemed incomplete, the City Manager or his designee shall
notify the applicant by electronic mail and specifically identify the missing
information. An application shall be deemed complete if the City Manager or
his designee fails to notify the Applicant otherwise within fourteen (14) days
after the date of filing the application.
Request for alternative location. Within fourteen (14) days after the date of
filing the application for Collocation of a Small Wireless Facility, the City
Manager or his designee may request that the proposed location of the Small
Wireless Facility be moved to another location and be placed on another
Existing Structure or by placing a new Utility Pole intended to support the
Collocation of Small Wireless Facilities. The City and applicant may negotiate
the alternative location, including objective design standards and reasonable
spacing requirements for ground-mounted equipment for thirty (30) days after
the City submits the request. The applicant shall notify the City of its
acceptance or rejection within this thirty (30) day negotiating period. If the
applicant accepts the alternative location, the application shall be deemed
40
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granted for the agreed-upon alternative location and all other locations in the
application. If the requested alternative location is rejected by the applicant, the
City Manager or his designee shall approve or deny the original application
within ninety (90) days after the date the application was filed.
(3) Application review period. Within sixty (60) days after the date of filing an
application for the Collocation of a Small Wireless Facility, the City Manager
or his designee shall approve or deny the application. If the City Manager or
his designee does not submit a request for an alternate location as provided in
subsection (2), the City Manager or his designee and the applicant may
mutually agree to extend the sixty (60) day application review period.
(4) Notice of denial; resubmission. Should the application be denied, the City
Manager or his designee shall notify the applicant by electronic mail on the
day the application is denied and specify in writing the basis for denial,
including the specific Code provisions on which the denial is based. The
applicant may cure the deficiencies identified by the City Manager or his
designee and resubmit the application within thirty (30) days after the notice of
denial is sent. The City Manager or his designee shall approve or deny the
revised application within thirty (30) days after the date of filing the
application. Any subsequent review shall be limited to the deficiencies cited in
the notice of denial. A denial of a permit may be appealed pursuant to Section
19-40.
(5) Consolidated Permit Applications. The City may separately address each
proposed Collocated Small Wireless Facility for which incomplete information
has been received or which are denied.
( 6) Deemed approved. Prior to commencing construction, a person with a deemed
approved permit must be registered pursuant to Section 19-33 and must file a
performance bond and construction bond with the City pursuant to this Article.
Section 19-37.3. Small Wireless Facility Collocation Permit Conditions.
(a) The City Manager or his designee may deny a proposed Collocation of a Small
Wireless Facility in the Public Rights of Way if the proposed Collocation:
(1)
(2)
00904259-5
Materially interferes with the safe operation of traffic control equipment;
Materially interferes with sight lines or clear zone standards and specifications
for transportation, pedestrians, or public safety purposes as provided in the
Florida Department of Transportation Plans Preparation Manual, Florida
Department of Transportation Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways (the Florida
Greenbook), and/or ''the Florida Department of Transportation Design
Standards, as amended;
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(3) Materially interferes with compliance with the Americans with Disabilities
Act, 42 U.S.C. Sec. 12101, et seq, or similar federal or State standards
regarding pedestrian access or movement;
( 4) Materially fails to comply with the 2010 edition of the Florida Department of
Transportation Utility Accommodation Manual; or
(5) Fails to comply with applicable codes governing placement or maintenance of
Small Wireless Facilities within the Public Rights of Way, including the
conditions and provisions contained in Section 19-36 and the Objective Design
Standards in Section 19-37.4.
(b) A permit for the Collocation of a Small Wireless Facility shall remain effective for and
Construction must be completed within one (1) year. The City Manager or his designee may extend
the expiration date of the permit for good cause.
(c) A permit application for a Repurposed Structure or a Utility Pole intended to support
the Collocation of Small Wireless Facilities shall be submitted prior to or contemporaneously with a
Permit application for a Small Wireless Facility.
Sec. 19-37.4. Objective Design Standards
(a) Purpose and intent. Small Wireless Facilities shall be designed in such a mam1er that
the Small Wireless Facilities are placed in a safe location that do not interfere with the traveling
public, and shall be designed to maximize compatibility with the Surrounding Neighborhood and to
minimize any negative visual impact on the Surrounding Neighborhood. The following objective
design standards regulating the location context, color, stealth design, and concealment of the
proposed Small Wireless Facility shall apply, unless waived pursuant to Section 19-37.5.
(b) Stealth design. All proposed Small Wireless Facilities shall meet any one ofthe three
following stealth design standards or combination thereof:
(1)
(2)
00904259-5
Preferred stealth design option 1: No exposed wWires, Of cables and
equipment to be placed on a Utility Pole shall be within the Utility Pole, or
covered with a Shroud or conduit that is similar to the Utility Pole color; the
use of shrouds; the use of a slim design wherein the top mounted Antenna does
not exceed the diameter of the supporting Utility Pole by more than six (6)
inches on any side at the level of the Antenna attachment and side-mounted
enclosures, if any, do not extend more than thirty (30) inches beyond the
exterior dimensions of the supporting Utility Pole measured from the edge of
the Utility Pole to the outermost surface of the side-mounted enclosure.
Preferred stealth design option 2: No exposed \vires or cables; the use of
shrouds; Wires, cables and equipment to be collocated on a Utility Pole shall
be placed within the Utility Pole, or covered with a Shroud or conduit that is
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similar to the Utility Pole color; and the use of a street light fixture to
camouflage the Small Wireless Facility. All street light fixtures shall be
maintained in good working order by the Applicant or pole owner unless the
City accepts maintenance responsibility in writing. If the City accepts the
maintenance responsibility of a street light fixture on an City Utility Pole, the
ownership of the street light fixture shall transfer to the City. All street light
fixtures shall be of similar style and of similar lighting technology as nearby
lighting fixtures (halogen, LED, etc.) and shall utilize dark-sky friendly
lighting.
(3) Preferred stealth design option 3: No exposed ',vires or cables; the use of
shrouds; Wires, cables and equipment to be collocated on a Utility Pole shall
be within the Utility Pole or covered with a Shroud or conduit that is similar to
the Utility Pole color; and the use of wraps on the supporting structure, side
mounted enclosures, and/or ground-mounted equipment. An applicant may
propose a wrap design not previously approved by the City by applying for and
obtaining a waiver pursuant to Section 19-37.5. Wraps shall be maintained by
the applicant such that the wrap does not peel or significantly fade.
(c) Concealment. The following concealment standards shall apply to proposed Small
Wireless Facilities.
(1) Applicants shall not place or maintain Signage on Communications Facilities
in the Public Rights of Way, unless otherwise required by applicable State or
federal laws or regulations, or as permitted by the City.
(2) A Small Wireless Facility shall not have any type of lighted signal, lights, or
illuminations unless required by applicable State or federal laws or regulations
or as permitted by the City.
(3) Ground-mounted equipment for Small Wireless Facilities shall be located
within a ten (1 0) foot radius of the supporting structure for the Small Wireless
Facility and, if possible, in areas with existing foliage or other aesthetic
features to obscure the view of the ground-mounted equipment. The ground-
mounted equipment shall be designed to appear similar to other at-grade
facilities in the same Public Rights of Way and may be further concealed with
additional plantings. Any additional plantings proposed pursuant to this
subsection shall be approved by the City. An applicant may also utilize a wrap
for At-grade Facilities. An applicant may propose a wrap design not previously
approved by the City by applying for and obtaining a waiver pursuant to
Section 19-37.5. Wraps shall be maintained by the applicant such that the wrap
does not peel or significantly fade.
(d) Maximum height restrictions. A Small Wireless Facility, including any attached
Antennas, shall not exceed ten (1 0) feet above the Existing Structure, Repurposed Structure or Utility
Pole upon which the Small Wireless Facility is to be collocated.
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(e) Location context. The following location context standards shall apply to proposed
Small Wireless Facilities.
(1) Prohibition against Placement within a location subject to Homeowners'
Association restrictions. Small Wireless Facilities shall not be Collocated in a
location subject to covenants, restrictions, articles of incorporation, or bylaws
of a Homeowners' Association unless specifically authorized by the
Homeowners' Association. This subsection shall not limit the installation,
placement, maintenance, or replacement of Micro Wireless Facilities on any
existing and duly authorized aerial Wireline Facility.
(2) Prohibition against Placement in location where facilities are placed
underground. As may be applicable, Small Wireless Facilities shall comply
with nondiscriminatory undergrounding requirements of the City that prohibit
aboveground structures in the Public Rights of Way. Any such requirements
may be waived by the City pursuant to Section 19-37.5.
(3) Tree Removal. The placement or maintenance of a Small Wireless Facility that
results in impacts or removal of a Regulated Tree shall comply with the
conditions contained in Chapter 23 of the City's Code.
(4) Prohibition against Placement in violation of OSHA or NESC rules and
regulations. Small Wireless Facilities shall not be placed in a location which
violates rules and regulations set by the Occupational Safety and Health
Administration or the National Electric Safety Code.
Sec. 19-37.5. Waiver of Objective Design Standards for Small Wireless Facilities.
(a) Objective design standards provided in Section 19-37.4 may be waived by the City
Manager or his designee upon a showing that the objective design standards are not reasonably
compatible for the particular location of a Small Wireless Facility or that the objective design
standards impose an excessive expense.
(b) A request for a waiver shall be filed contemporaneously with the permit application.
The request for waiver shall state each Section or subsection for which a waiver is being sought. A
request for a waiver shall include a detailed explanation, with supporting engineering or other data, as
to why a waiver from the requirements of this Section 19-37 is required.
(c) In granting any waiver, the City Manager of his designee may impose conditions to
the extent the City Manager or his designee concludes such conditions are necessary to minimize any
adverse effects of the proposed Small Wireless Facility on the Surrounding Neighborhood or to
protect the health, safety and welfare of the public.
(d) The City Manager or his designee shall grant or deny a request for a waiver within .,
forty-five (45) days after receiving the request for waiver. Should a request for waiver, and ultimately
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a permit, be denied by the City Manager or his designee, the denial of the waiver may be appealed in
conjunction with an appeal of the permit denial in accordance with Section 19-40.
Sec. 19-37.6. Make-Ready Work.
(a) For a City Utility Pole that supports aerial Wireline Facility used to provide
Communications Services or electric service, the City, Communications Services Provider, Wireless
Infrastructure Provider, and Pass-through Provider shall comply with the process for make-ready
work under 47 U.S.C. § 224, as amended, and implementing regulations. The good faith estimate of
the Person owning or controlling the pole for any make-ready work necessary to enable the pole to
support the requested Collocation must include pole replacement if necessary.
(b) For a City Utility Pole that does not support aerial Wireline Facility used to provide
Communications Services or electric service, the City shall provide a good faith estimate for any
make-ready work necessary to enable the pole to support the requested Collocation, including
necessary pole replacement, within sixty (60) days after receipt of a complete application. Make-
ready work, including any pole replacement, must be completed within sixty (60) days after the
written acceptance of the good faith estimate by the Applicant. Alternatively, the City may require
the Applicant seeking to Collocate a Small Wireless Facility to provide a make-ready estimate at the
Applicant's expense for the work necessary to support the Small Wireless Facility, including pole
replacement, and perform the make-ready work.
(c) If pole replacement if required, the scope of the make-ready estimate is limited to the
design, fabrication, and installation of a Utility Pole that is substantially similar in color and
composition. The City may not condition or restrict the manner in which the Applicant obtains,
develops, or provides the estimate or conducts make-ready work subject to the usual construction
restoration standards for work in the Public Rights of Way. The replaced or altered Utility Pole shall
remain the property of the City.
Section 19-37.7. Collocation Fees.
The rate to Collocate a Small Wireless Facility on a City Utility Pole shall be $150 per pole
annually. Annual payments shall be due and payable on April 1 of each year. If the payments
required by this Section are not made within ninety (90) days after the due date, the City Manager or
his designee may withhold the issuance of any permits to the Registrant until the amount past due is
paid in full.
Section 19-38. Revocation or Suspension of Development Permits.
Subject to Section 19-40, the City may revoke any Development Permit currently issued to a
Communications Services Provider for work in the Public Rights of Way or suspend the issuance of
Development Permits in the future to a Communications Services Provider for, in addition to any
other circumstances provided for in this Chapter, one or more of the following reasons:
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(a) a violation of permit conditions, including conditions set forth in the permit, this
Chapter 19, and other applicable codes or regulations governing the placement or maintenance of
Communications Facilities in the Public Rights of Way;
(b) a misrepresentation or fraud made or committed on the part of the Communications
Services Provider in the Registration process or in the application for an Development Permit;
(c) the failure to properly renew the Registration or the ineffectiveness of Registration; or
(d) the failure to relocate or remove Communications Facilities as may be required by the
City pursuant to this Chapter 19.
The City Manager or his designee shall provide notice and an opportunity to cure any
violation of (a) through (d) above, each of which shall be reasonable under the circumstances.
Section 19-39. Involuntary Termination of Registration.
(a) The City may terminate a Registration if:
(1) a Federal or State authority suspends, denies, or revokes a Communications
Services Provider's certification or license to provide Communications
Services;
(2) the Communications Services Provider's placement or maintenance of a
Communications Facility in the Public Rights of Way presents an
extraordinary danger to the general public or other users of the Public Rights of
Way and the Communications Services Provider fails to remedy the danger
promptly after receipt of written notice;
(3) the Communications Services Provider ceases to use all of its Communications
Facilities in the Public Rights of Way and has not complied with § 19-49
herein; or
(4) the Communications Services Provider fails to comply with any of the rules,
regulations or general conditions set forth in § 19-3 5 herein.
(b) Prior to termination of a Registration, the Communications Services Provider shall be
notified by the City Manager or his designee with a written notice setting forth all matters pertinent to
the proposed termination, including which of (1) through ( 4) above is applicable as the reason
therefore. The Communications Services Provider shall have thirty (30) days after receipt of such
notice within which to eliminate the reason or within which to present a plan, satisfactory to the City
Manager or his designee, to accomplish the same. If not eliminated or if the plan presented is
rejected, the City Manager or his designee shall provide written notice of such rejection to the
Communications Services Provider and a fmal determination to terminate Registration. A final
determination to terminate Registration may be appealed in accordance with the procedures set forth
in§ 19-211.
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(c) In the event of termination, following any appeal period, the Communications Services
Provider formerly Registered shall
(1) notify the City of the assumption or anticipated assumption by another
registrant of ownership of the Communications Services Provider's Facilities in
Public Rights of Way or (2) provide the City with an acceptable plan for
disposition of its Communications Facilities in the Public Rights of Way. If a
Communications Services Provider fails to comply with this § 19-39 (C),
which determination of noncompliance is subject to appeal as provided in§ 19-
40, the City may exercise any remedies or rights it has at law or in equity,
including but not limited to taking possession of the Facilities where another
Person has not assumed the ownership or physical control of the Facilities or
requiring the Communications Services Provider within 90 days of the
termination, or such longer period as may be mutually agreed to between the
City and the Communications Services Provider, to remove some or all of the
Communications Facilities from the Public Rights of Way and restore the
Public Rights of Way to their original condition prior to such removal.
(d) In any event, a Communications Services Provider whose Registration has been
terminated shall take such steps as are necessary to render safe every portion of the Communications
Facilities remaining in the Public Rights of Way.
(e) In the event of termination of a Registration, this Section does not authorize the City to
cause the removal of Communications Facilities used to provide another service for which the
Communications Services Provider or another Person who owns or exercises physical control over
the Communications Facilities holds a valid certification or license with the governing Federal or
State agency, if required for provision of such service, and who is Registered with the City, if
required.
(f) The City's right to terminate a Registration shall be in addition to all other rights of the
City, whether reserved in this Chapter, or authorized by other law, and no action, proceeding or
exercise of the right to terminate Registration will affect or preclude any other right the City may
have.
Section 19-40. Appeals.
Final determinations by appropriate City staff denying an initial Registration; denying an
application for renewal of a Registration; terminating a Registration; or denying, revoking or
suspending any Development Permit are subject to appeal. A notice of appeal of such decision may
be filed with the City's Manager within thirty (30) days of the date of the final, written decision to be
appealed. The City Manager shall have thirty (30) days from the date the appeal is filed to review the
matter and render a written decision to uphold or reverse the final decision made by staff. If the City
Manager upholds the final decision of staff, the appellant may file a notice of appeal with the City
Clerk within thirty (30) days of the date of the written decision of the City Manager. The City Glerk
shall set the matter for hearing before the City Commission at any regular meeting of City
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Commission scheduled within forty five ( 45) days of the date that the notice of appeal is filed with
the City Clerk, unless waived by the Communications Services Provider. A ruling may be made at the
hearing or at the next regularly scheduled City Commission meeting and the Communications
Services Provider shall be notified of the decision in writing within thirty (30) days thereof. Where a
notice of appeal to the City Manager or the City Clerk is not timely filed as provided herein, such
right to appeal shall be waived. Upon correction by the Communications Services Provider of the
circumstances that gave rise to a suspension or denial of a Development Permit, the suspension or
denial shall be lifted (the same does not apply to the revocation of a Development Permit).
Section 19-41. Fees Applicable to Those Not Subject to Communications Services Tax.
While the Florida Legislature has prohibited municipalities from requiring providers of
Communications Services who have registered with the Florida Department of Revenue from having
to enter into franchise agreements or license arrangements as a condition to placing or maintaining
Communications Facilities in the Public Rights of Way, the City expressly reserves the right to
require the payment of consideration or regulatory fees by Persons using or occupying the Public
Rights of Way in other capacities. The City reserves the right to require such payments based on the
type of user and to the extent as follows:
(a) Dealer. A Communications Services Provider who meets the definition of dealer as
set forth in state statute and who has registered in accordance with Section 19-33 is not required to
enter into a franchise agreement or license arrangement with the City as a condition to placing or
maintaining Communications Facilities in the Public Rights of Way, nor is a dealer required to make
payment of any franchise fees, license fees or other user fees to the City as consideration for the use
or occupancy of the Public Rights of Way for the provision of Communication Services.
(b) Pass-through Provider and Pass Through Facilities. A Communications Services
Provider who meets the definition of Pass-through Provider as set forth in this Chapter 19 shall pay
the City the maximum annual amount allowed under§ 337.401(6) (b), Florida Statutes, as amended.
For purposes of calculating payments hereunder, each separate pole or tower installed or maintained
by a Pass-through Provider for purposes of supporting Antennas for other over-the-air radio
transmission or reception equipment in the Public Rights of Way shall comprise a separate
Communications Facility subject to assessment of a separate permit fee in the amount of five hundred
dollars ($500.00) per linear mile, or portion thereof, up to the maximum amount allowed under §
337.401, Florida Statutes, whichever is higher. The annual amount referred to above shall be due and
payable on October 1 of every year beginning on October 1, 2018. Fees not paid within ten (10) days
after the due date shall bear interest at the rate of one percent per month from the date due until paid.
The acceptance of any payment required hereunder by the City shall not be construed as an
acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of
payment be construed as a release of any claim which the City may have for additional sums due and
payable or authorization to install any facilities in the Public Rights of Way.
(c) Other Persons. All other Persons, except Government, are required to pay the City, as
consideration for the use or occupancy of the Public Rights of Way for the placement or maintenance
of Communications Facilities, an amount based on and in accordance with Section 19-41(b), City
Code.
00904259-5 48
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
(d) Government. A government entity is not required to pay the City consideration for the
use or occupancy of the Public Rights of Way for the placement or maintenance of Communications
Facilities, unless such Facilities are being used by such government entity or a Communications
Services Provider, including Resellers, to offer or provide Communication Services other than for
such Government's internal non-commercial use, in which event the government entity is required to
pay the City, as consideration for the use or occupancy of the Public Rights of Way by or through its
Facilities placed therein after December 12,2017, an amount based on and in accordance with§ 19-
41 (b), City Code. or such other amount or rate of compensation as mutually agreed to in writing by
the government entity and the City.
Section 19-42. Existing Communications Facility.
A Communications Services Provider with a Facility in the Public Rights of Way as of the
effective date of this Chapter 19 has until February 1, 2018 to comply with the provisions of this
Chapter, including, but not limited to, Registration, or be in violation thereof.
Section 19-43. Insurance.
(a) At all times during the use or occupancy of the Public Rights of Way, including any
time during placement or maintenance of Communications Facilities, the Communications Services
Provider shall obtain, pay all premiums for, and maintain satisfactory to the City the types of
insurance policies and coverage limits described in this § 19-43. Nothing contained in this Chapter
shall limit a Communications Services Provider's liability to the City to the limits of insurance
certified or carried.
(1)
(2)
(3)
(4)
00904259-5
Commercial general liability insurance valid in the State of Florida, including
contractual liability and products completed operations liability coverage on an
occurrence basis, which policy limit shall be in an amount not less than One
Million Dollars ($1,000,000) per occurrence, combined single limit, for bodily
injury, personal injury or death, or property damage and in an amount not less
than Two Million Dollars ($2,000,000) policy aggregate for each personal
injury liability, broad form property damage (without XCU exclusions),
contractual liability and products-completed operations liability.
Business automobile liability insurance valid in the State of Florida which
policy limit shall be in an amount not less than One Million Dollars
($1, 000, 000) combined single limit, including bodily injury and property
damage covering owned, leased, hired and non-owner vehicles.
Workers' Compensation valid in the State of Florida which policy limit shall be
in an amount not less than the Statutory limit for Workers' Compensation.
Employer's liability insurance valid in the State of Florida which policy limit
shall be in an amount not less than One Million Dollars ($1,000,000) each
accident for employer's liability.
49
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
(b) All insurance providers used shall be admitted and duly authorized to do business in
the State of Florida and shall have assigned by A. M. Best Company a minimum Financial Strength
Rating of "A" and a minimum Financial Size Category of "IX" (i.e., a size of $250,000,000 to
$500,000,000 based on capital, surplus, and conditional reserve funds). Insurance policies and
certificates issued by non-admitted insurance companies are not acceptable. All liability policies shall
name the City, its commission members, officers, and employees as additional insureds with respect
to any covered liability arising out of the placement or maintenance of Communications Facilities in
the Public Rights of Way or other activities under this Chapter .. Each Communications Services
Provider shall furnish annually to the City certificates showing proof of all required insurance
coverage. All liability coverage must be in occurrence form and in accordance with the limits
specified. Claims made policies are not acceptable. No insurance policy shall be canceled, nor shall
the occurrence or aggregate limits set forth herein be reduced, until the City has received at least
thirty (30) days' advance written notice by registered, certified or regular mail or facsimile of any
cancellation, intent not to renew or reduction in policy coverage. Each Communications Services
Provider shall be responsible for notifying the City of such cancellation, intent not to renew or
reduction in coverage. All Certificate(s) of Insurance, including all endorsements and riders,
evidencing insurance coverage shall be submitted to the City within thirty (30) days after the date of
registration with the City in order for a Communications Services Provider to obtain Development
Permits required for construction in the Public Rights of Way. Each Communications Services
Provider shall, in the event of any such notice described above, obtain, pay all premiums for, and file
with the City, written evidence of the issuance of replacement policies within thirty (30) days
following receipt by the City or the Communications Services Provider of such notice.
(c) The Certificate(s) of Insurance forms must be properly executed by the authorized
representative of the insurance provider and must include all endorsements, riders and notices. Each
Communications Services Provider shall file and maintain with the City on an annual basis the
required Certificate(s) oflnsurance. The Certificate(s) oflnsurance must indicate the following:
(1)
(2)
(3)
(4)
(5)
00904259-5
the policy number; name of insurance company; name and address of the agent
or authorized representative; name and address of insured; that the policy
coverage "pertains to the requirements of Section 19-43 of the Atlantic Beach
Communications Facilities in Public Rights of Way Ordinance;" policy
expiration date; and specific coverage amounts; and
any applicable deductibles or self-insured retentions; and
that the City, its Commission members, officers and employees are additional
insureds; and
that the City shall receive thirty (30) days' advance written notice of
cancellation, intent not to renew or reduction in coverage; and
that the commercial general liability insurance policy is primary as respects
any other valid or Gollectible insurance that the City may possess, including
any self-insured retentions the City may have; and any other insurance the City
50
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
does possess shall be considered excess msurance only and shall not be
required to contribute with this insurance.
(d) Under extraordinary circumstances a Communications Services Provider may satisfy
the insurance requirements of this Chapter by providing documentation of self-insurance that, in the
sole discretion of the Director of Human Resources and Risk Management, demonstrates
incontrovertibly the adequacy to defend and cover claims of any nature that might arise from the
placement and maintenance of Facilities in the Public Rights of Way. The Communications Services
Provider must be authorized as a self-insurer by the Department of Insurance under the laws of the
State of Florida.
Section 19-44. Indemnification.
(a) Except with respect to the willful misconduct, negligence or gross negligence of the
City, a Communications Services Provider, by act of Registering with the City as such, shall be
obligated, at its sole cost and expense, to defend, indemnify and hold harmless the City, its officials,
officers, Commissioners, agents and employees from and against any and all claims, suits, causes of
action, proceedings, liabilities and judgments for damages or equitable relief, and costs and expenses
arising out of or in connection with the placement or maintenance of its Communications Facilities or
Utility Poles in the Public Rights of Way by the Communications Services Provider or its agent or
hired contractor. This indemnification provision shall include, but not be limited to, such damages
and penalties arising out of claims (1) by any Person whatsoever on account of (a) bodily injury to a
person or persons, (b) death of a person or persons or (c) property damage, where any of the
foregoing is occasioned by the operations of the Communications Services Provider, or alleged to
have been so caused or occurred or (2) involving the Communications Services Provider's violation
of any easement or private property rights.
(b) Nothing in this Section shall prohibit the City from participating in the defense of any
litigation by its own counsel if in the City's reasonable belief there exists or may exist a conflict,
potential conflict or appearance of a conflict.
(c) Indemnified costs and expenses shall include, but not be limited to, all out-of-pocket
expenses and reasonable attorneys' fees in defending against any such claim, suit or proceeding, and
shall also include the reasonable value of any services rendered by the City Attorney or his assistants
or any consultants, agents and employees of the City. The City will attempt to notify the
Communications Services Provider, in writing, within a reasonable time of the City's receiving notice
of any issue it determines may require indemnification.
(d) Nothing contained in this section shall be construed or interpreted: (1) as denying the
City, the Communications Services Provider or any Person any remedy or defense available to them
under the laws of the State of Florida; or (2) as a waiver of sovereign immunity beyond the waiver
provided in§ 768.28, Florida Statutes, as it may be amended.
(e) The indemnification requirements shall survive and be in effect after the termination
or cancellation of a Registration.
00904259-5 51
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
Section 19-45. Construction Bond.
(a) Prior to issuance of any Development Permit where the type of work allowed under
the permit will require restoration of the Public Rights of Way, the Communications Services
Provider or the contractor performing such work on its behalf shall obtain, pay for and file with the
City a construction bond. The construction bond shall serve to guarantee the timeliness and quality of
the construction and restoration work and to secure, and enable the City to recover, all costs related to
the restoration of the Public Rights of Way in the event the Communications Services Provider or its
contractor fails to make such restoration to the City's satisfaction or causes damage to the Public
Rights of Way during construction. The construction bond must name the City as Obligee and be in
the face amount of Fifteen Thousand Dollars ($15,000) conditioned upon the full and faithful
completion of construction and restoration of the Public Rights of Way to its original condition. Six
(6) months following completion and inspection of the restoration of the Public Rights of Way
satisfactory to the City Manager or his designee, the Communications Services Provider or its
contractor, as the case may be, may reduce the face amount of the construction bond to Five
Thousand Dollars ($5,000) and, thereafter, may allow the bond to lapse in accordance with its terms.
However, for any subsequent work in the Public Rights of Way, the Communications Services
Provider or its contractor will be required to replenish any existing construction bond or provide a
new construction bond in the face amount of Fifteen Thousand Dollars ($15,000). The construction
bond shall be in a form acceptable to the City Manager and must be issued by a surety having a rating
reasonably acceptable to the City Manager or his designee and authorized by the Florida Department
of Insurance to issue surety bonds in this State.
(b) The construction bond must be issued as non-cancelable and be for a term of not less
than twelve (12) months. In the event the term of any construction bond expires, or is reasonably
expected to expire, prior to the completion of construction, restoration and City inspection, the
Communications Services Provider, or the contractor acting on its behalf, shall immediately obtain,
pay for, and file with the City a replacement bond.
(c) The City's requirement of a construction bond is not in lieu of any additional bonds
that may be required under this Chapter or through the permitting process. The City's right to recover
under the construction bond shall be in addition to all other rights of the City, whether reserved in this
Chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to
the construction bond will affect or preclude any other right the City may have.
Section 19-46. Performance Bond.
(a) Prior to issuance of any permit in accordance with this article, the registrant shall be
required to obtain, pay for, and file with the City a performance bond. The performance bond shall
serve to guarantee proper performance under the requirements of this article and the permit, the
timeliness and quality of the construction and restoration of the affected Public Rights of Way, and to
secure and enable the city to recover all costs related to the restoration of the Rights of Way, in the
event the registrant fails to make such restoration to the City's satisfaction or causes damage to the
Rights of Way during construction. The performance bond must name the City as obligee, and be
conditioned upon the full and faithful compliance by the registrant, with all requirements, duties, and
obligations imposed by the permit and provisions of this Article, during and through completion of
00904259-5 52
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
the proposed placement and/or maintenance activity(-ies). The performance bond shall be in a form
acceptable to the City Attorney and must be issued by a surety having an A.M. Best A-Class VII
rating or better and duly authorized to conduct business in the state of Florida.
(b) The performance bond shall be in the face amount of the estimated costs of the
restoration ofthe Rights of Way, but in no event shall be less than two thousand five hundred dollars
($2,500.00). For a consolidated SWFC application, when allowed under this Chapter, the registrant
shall provide a performance bond in the amount of the total costs of the restoration of the Rights of
Way for all wireless communication facilities requested to be collocated on an existing structure
within the Rights of Way, but in no event shall be less than five thousand dollars ($5,000.00).
(c) The performance bond must be issued as non-cancelable and be for a term of not less
than ninety (90) days after the anticipated date of completion of construction, restoration, and City
inspection. In the event the term of any construction bond expires, or is reasonably expected to
expire, prior to ninety (90) days after the completion of construction, restoration, and City inspection,
the registrant shall immediately obtain, pay for, and file with the City, a replacement performance
bond.
(d) The City's right to recover under the performance bond shall be in addition to all other
rights of the City, whether reserved in this Article, or authorized by other law, and no action,
proceeding, or exercise of a right, with respect to the performance bond, will affect or preclude any
other right the City may have. Any proceeds recovered under the performance bond may be used to
reimburse the City for such additional expenses, as may be incurred by the City, as a result of the
failure of the registrant to comply with the responsibilities imposed by this Article, including but not
limited to, attorney's fees and costs of any action or proceeding."
Section 19-47. Enforcement Remedies.
(a) No provision of this Chapter shall be deemed to bar the right of the City to seek or
obtain judicial relief from a violation of any provisions of this Chapter, the Registration provisions, or
any rule, regulation or general condition provided for hereunder, whether administratively, judicially
or both. Neither the existence of other remedies identified in this Chapter nor the exercise thereof
shall be deemed to bar or otherwise limit the right of the City to recover fines, penalties or monetary
damages (except where liquidated damages are otherwise prescribed) for such violation by the
Communications Services Provider. The remedies available to the City shall be cumulative and in
addition to any other remedies provided by law or equity. The laws of the State of Florida shall
govern with respect to any proceeding in law or equity pertaining to the enforcement of this Chapter
or any cause of action arising out of or in connection herewith.
(b) A Communications Services Provider's failure to comply with provisions of this
Chapter shall constitute a City Code violation and shall subject the Communications Service Provider
to the code enforcement provisions and procedures as provided in Chapter 2, City Code, and may be
punishable as provided in § 162.22, Florida Statutes, as it may be amended.
(c) In any proceeding before the City Commission where there exists an issue with·respect
to a Communications Services Provider's performance of its obligations pursuant to this Chapter, the
00904259-5 53
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
Communications Services Provider shall be given the opportunity to provide such information as it
may have concerning its compliance with the terms and conditions of this Ordinance. The City may
find a Communications Services Provider that does not demonstrate compliance with the terms and
conditions of this Chapter in default and apply any appropriate remedy or remedies as authorized by
this Ordinance. In determining which remedy is appropriate, the City Commission shall take into
consideration the nature of the violation, the Person bearing the impact of the violation, the nature of
the remedy required in order to prevent further violations, and such other matters as the City
Commission determines are appropriate to the public interest.
(d) The City Manager or his designee, or his/her designee, shall be responsible for
administration and enforcement of this Chapter, and is authorized to give any notice required herein
or by law.
(e) Failure of the City to enforce any requirements of this Chapter shall not constitute a
waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek
appropriate enforcement remedies.
Section 19-48. Abandonment of a Communications Facility or Utility Pole.
(a) Upon Abandonment of any Facility or Utility Pole owned by a Communications
Services Provider in the Public Rights of Way (hereinafter "Abandoned Communications Facility"),
the Communications Services Provider shall notify the City within sixty ( 60) days.
(b) The City may direct the Communications Services Provider, by written notice, to
remove all or any portion of such Abandoned Communications Facility at the Communications
Services Provider's sole expense if the City determines that the Abandoned Communications
Facility's presence interferes with the public health, safety or welfare, which shall include, but shall
not be limited to, a determination that such Communications Facility: (1) compromises safety at any
time for any Public Rights of Way user; (2) compromises the safety of other Persons performing
placement or maintenance of Communications Facilities in the Public Rights of Way; (3) prevents
another Person from locating other facilities in the area of the Public Rights of Way where the
Abandoned Communications Facility is located when other alternative locations are not reasonably
available; or ( 4) creates a maintenance condition that is disruptive to the use of the Public Rights of
Way. In the event of (2), the City may require the third Person to coordinate with the
Communications Services Provider that owns the existing Communications Facility for joint removal
and placement, where agreed to by the Communications Services Provider.
(c) If the Communications Services Provider fails to remove all or any portion of an
Abandoned Communications Facility as directed by the City within the time period specified in the
written notice, which time period must be reasonable under the circumstances, the City may perform
such removal and charge the cost of the removal against the Communications Services Provider.
(d) In the event that the City does not direct the removal of the Abandoned
Communications Facility, the Communications Services Provider, by its notice of Abandonment to
the City, shall be deemed to consent to the alteration or removal of all ,or any portion of such
00904259-5 54
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
abandoned Facility by the City or other Person, provided that the cost of the alteration or removal is
not borne by the Communications Services Provider.
Section 19-49. Reservation of Rights.
The City hereby expressly reserves all of the following rights:
(a) To exercise its municipal home rule powers, now or hereafter, to the fullest extent
allowed by law with regard to the access, use and regulation of the Public Rights of Way.
(b)
authority.
To amend this Chapter as it shall find necessary in the lawful exercise of its municipal
(c) To adopt or enact by resolution or ordinance, in addition to the provisions contained
herein and in any existing applicable ordinances, such additional reasonable regulations as City
Commission finds necessary in the exercise of the City's police powers.
(d) To exercise the power of eminent domain, consistent with applicable federal and state
law, to acquire property that may include that property owned or leased by a Communications
Services Provider.
(e) As and when deemed necessary by City Commission to be in the interest of the City or
its residents, to abandon portions of the Public Rights of Way within the proper exercise of its
municipal authority and without notice to or the consent of any Communications Services Provider.
The City shall not be responsible for any costs, damages, loss or other expense to the
Communications Services Provider as a result of the City's abandonment of any Public Rights of
Way.
(f) To place and maintain, and franchise or permit to be placed or maintained, sewer, gas,
water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and
to do, and to permit to be done, any underground and overhead installation or improvement that may
be deemed necessary or proper by the City in the Public Rights of Way occupied by any
Communications Services Provider.
(g) Without limitation, the right to alter, change, or cause to be changed, the grading,
installation, relocation, or width of any Public Rights of Way within the City limits and within said
limits as the same may from time to time be altered.
(h) To require a reseller to Register in accordance with§ 19-33 to the extent such Reseller
wants the right to place or maintain Facilities in the Public Rights of Way. Any Person using or
leasing Facilities owned by a Registered Communications Services Provider is not, therefore, entitled
to any rights to place or maintain Communications Facilities in the Public Rights of Way, unless such
person themselves Registers with the City.
·-SECTION 6. It is the intention of the City Commissian and it is hereby ordained that the provisions
of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Atlantic
00904259-5 55
ATTACHMENT A
Minutes of December 11, 2017
Agenda Item 1A
January 22, 2018
12/11/2017
Beach, Florida, and the publisher of the Code may renumber, reclassify or otherwise insert this
Ordinance in an appropriate place to accomplish such intention.
SECTI 0 N 7. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION 8. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to
be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and
removed from the remaining provisions of this Ordinance which shall remain in full force and intact.
SECTION 9. This ordinance shall take effect on December 11, 2017, and shall apply to all
applications filed on or after that date.
SECTION 10. Ordinance 80-17-87, establishing a temporary moratorium for the acceptance,
processing or approval of any wireless communication facilities in the City's rights of way through
December 31, 2017, is hereby repealed.
PASSED by the City Commission on first reading this __ day of ____ , 2017.
PASSED by the City Commission on second and final reading this _ day of
-------' 2017.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attomey
00904259-5 56
Permits Issued
2017
Single Family/SF Attached 111
Duplex 1
Multi-Family 0
Residential Addition 46
Residential Accessory N/A
Residential Alteration N/A
Demolition 40
Commercial New 1
Commercial Addition 1
Commercial Accessory N/A
Commercial Alteration 9
Other 2333
TOTAL 2542
Building Department Monthly Activity Report
December 2017
Building Permit Fees Construction Value
2018 VTD 2017 2018 VTD 2017
31 $107 ,281 .99 $32 ,743 .00 $32 ,571 ,393.60
0 $780 .00 $0 .00 $200,000.00
0 $0 .00 $0 .00 $0.00
7 $8,787.45 $1,039 .00 $1,347,678 .77
7 N/A $505 .00 N/A
76 N/A $11 ,958.50 N/A
4 $5 ,147 .00 $400 .00 -$332,530.00
0 $4,540.00 $0.00 $1,850,000 .00
0 $3 ,280 .00 $0.00 $1,300,000 .00
0 N/A $380 .00 N/A
11 $2,159 .00 $4,537 .90 $436,817 .00
506 $248,385.55 $54,195 .85 $17,276,461 .50
642 $380,360.99 $105,759.25 $55,314,880.87
Inspections Performed
2018 VTD Type 2017
$8,634,953 .00 Building 3612
$0.00 Roof 1095
$0.00 Electrical 1016
$142 ,602 .00 Mechanical 850
$27 ,509 .84 Plumbing 883
$1,303,414 .00 New Business 15
$37,000.00 TOTAL 7471
$0 .00
$0 .00
$0 .00
$1,374,493 .00
$2,962 ,875 .58
$14,482,847.42
I Permits Issued December 2017 I
No. Issued
Single Family/SF Attached 5
Duplex/ Multi-Family 0
Residential Addition 5
Residential Accessory 1
Residential Alteration 19
Comm. Alter/Additon/New 6
Demolition 0
Swimming Pool 2
Roof 38
Driveway/ ROW 7
Fence/ Wall/ Barrier 11
Electrical 30
Mechanical 35
Plumbing 11
Sign 1
Fire 0
Civil and Site 1
Other Misc. 20
TOTAL 192
Building Construction
Permit Fees Value
$6 ,866 .00 $1 ,939,415.30
$0 .00 $0.00
$584.00 $73 ,072 .00
$75.00 $4,700.00
$2 ,909 .50 $310,459 .00
$1 ,204 .90 $187,150.00
$0.00 $0.00
$616 .00 $108,300.00
$4,265 .00 $459 ,144.39
$60.00 $10,851.00
$574.34 $28,886.00
$2 ,571.60 $35 ,025.00
$3 ,758.21 $147,442.00
$1,535.00 $0 .00
$143 .80 $2,200.00
$0.00 $0 .00
$930.00 $250,000.00
$1,995.00 $166,010.00
$28 ,088 .35 $3 ,722 ,654 .69
[ Fees Collected December 2017 -l
Re-lnspection Fees
State Surcharges
City Surcharge Retained
Building Plan Check Fees
Inspections Performed
December 2017
Building
Roof
Electrical
Mechanical
Plumbing
New Business
TOTAL
Commercial Projects to Note:
Residential Projects to Note:
$1,485 .00
$1 ,164.07
$116.41
$7,693 .50
279
122
68
73
45
0
587
2018 VTD
853
383
206
182
157
0
1781
Agenda Item 4A
January 22, 2018
City of Atlantic Beach
FINANCIAL REPORT
November 2017
Revenues
Annual YTD YTD Dollar
Fund I (Footnote) Estimate Estimate Actual Variance
General $ 12,829,454 $ 2,138,188 $ 2,012,131 $
Convention Development Tax 138,366 23,060 33,515
Local Option Gas Tax 471,901 78,650 119,472
Better Jax 1/2 Ct Sales Tax 939,898 156,648 204,879
Police Training, Forfeiture & Grants 87,636 14,598 25,075
Capital Projects 333,569 55,594 50,498
Utility 9,345,264 1,557,520 1,497,085
Sanitation 1,925,541 320,920 323,966
Building Code Enforcement 531,587 88,594 102,997
Storm Water
Pension -Police
Pension -General
1,482,003 247,000 190,007
1,113,197 185,524 162,063
2,595,711 432,616 363,157
Total $ 31,794,127 $ 5,298,912 $ 5,084,845 $
Analysis of Major Variances
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. Highlighted variance explanations
follow:
General Fund revenues show a net negative variance of ($126,057). Most of this
variance is due to the timing of receipt of ad valorem taxes, the majority of which will be
received in December.
(126,057)
10,455
40,822
48,231
10,477
(5,096)
(60,435)
3,046
14,403
(56,993)
(23,461)
(69,459}
(214,067)
Percent
Variance
-5.90%
45.34%
51.90%
30.79%
71.77%
-9.17%
-3.88%
0.95%
16.26%
-23.07%
-12.65%
-16.06%
-4.04%
Agenda Item 4A
January 22, 2018
City of Atlantic Beach
FINANCIAL REPORT
November 2017
Expenses
Annual YTD YTD Dollar Percent
Department Estimate Estimate Actual Variance Variance
Governing Body $ 47,760 $ 7,952 $ 4,827 $ 3,125 39.30%
City Administration 2,984,938 497,420 424,505 72,915 14.66%
General Government 2,667,288 436,032 177,728 258,304 59.24%
Planning and Building 980,453 163,358 90,420 72,938 44.65%
Public Safety 6,270,852 1,045,058 685,202 359,856 34.43%
Recreation and Beautification 1,428,481 238,026 167,283 70,743 29.72%
Public Works 6,762,218 1,126,960 800,181 326,779 29.00%
Public Utilities 10,918,627 1,819,644 2,083,843 (264,199) -14.52%
Pension -Police 730,851 121,796 112,704 9,092 7.46%
Pension -General 1,398,424 233,062 181,797 51,265 22.00%
Total $ 34,189,892 $ 5,689,308 $ 4,728,490 $ 960,818 16.89%
Annual YTD YTD Dollar Percent
Resource Allocation Estimate Estimate Actual Variance Variance
Personnel Services $ 11,005,105 $ 1,834,728 $ 1,484,647 $ 350,081 19.08%
Operating Expenses 13,694,360 2,273,066 1,072,913 1,200,153 52.80%
Capital Outlay 5,720,514 953,206 389,994 563,212 59.09%
Debt Service 2,005,868 334,304 1,543,258 (1 ,208,954) -361.63%
Grants and Aids 40,800 6,800 970 5,830 85.74%
Transfers 1,723,245 287,204 236,708 50,496 17.58%
Total $ 34,189,892 $ 5,689,308 $ 4,728,490 $ 960,818 16.89%
Analysis of Major Variances
In general, the major variances are a result of timing differences created between the percentage of budget elapsed-to-date and actual
expenditures. Highlighted variance explanations follow:
General Government had a positive variance of $258,304. Most of the variance is the result of capital projects and contractual
services yet to get underway.
Public Safety had a positive variance of $359,856. Majority of the variance consists of positive variances in the City of Jacksonville
Fire Contract that is billed quarterly and large capital purchases.
Public Works had a positive variance of $326,779. Most of the variance is the result of project activity budgeted that has not been
started/completed.
Public Utilities had a negative variance of ($264, 199) variance for the period. Most of the variance is the result of the City's largest
annual debt payment being paid on October 1st. $1,185,000
Personnel Services had a positive variance of $350,081 variance for the period. The variance is a result of the timing of payroll and
the first paycheck being partially accounted for in FY17.
Operating Expenses had a positive variance of $1,200,153. Various contractual services contribute to this balance. The largest
contracts are the Fire Contract (COJ), Sanitation Contract, and Road Paving.
Capital Outlay had a positive variance of $563,212. Most of the capital and project expenditures occur in the middle to latter part of
the fiscal year.
Debt Service had a negative variance of ($1 ,208,954). The variance is the result of the City's largest annual debt payment being paid
on October 1st. $1,185,000
Agenda Item 4A
January 22, 2018
City of Atlantic Beach
FINANCIAL REPORT
December 2017
Cash Balances
Prior Current Dollar Percent
Fund(s) 11/30/17 12/31/17 Change Change
General $ 6,388,219.78 $ 7,488,634.25 $ 1,100,415 17.23%
Tree Replacement 44,758 52,468 7,710 17.23%
Convention Development Tax 238,904 280,057 41,153 17.23%
Local Option Gas Tax 377,248 442,231 64,984 17.23%
Better Jax 1/2 Cent Sales Tax 706,250 827,906 121,656 17.23%
Police Training, Forfeiture, Grants, etc. 102,886 120,609 17,723 17.23%
Capital Projects 263,318 308,676 45,358 17.23%
Utility 8,094,458 9,488,783 1,394,326 17.23%
Sanitation 148,032 173,531 25,499 17.23%
Building Code Enforcement 522,567 612,583 90,016 17.23%
Storm Water 1,969,556 2,308,825 339,269 17.23%
Pension -Police 11,034,789 11,224,609 189,818 0.00%
Pension -General 22,939,292 23,130,793 191 500 0.83%
Total $ 52,830,277 $ 56,459,705 $ 3,629,427 6.87%
Total Restricted Cash 43,030,199
Total Unrestricted Cash $13,429,506
Cash and Investments
Prior Current Dollar Percent
Account 11/30/17 12/31/17 Change Change
Bank of America -Depository $ 3,170,351 $ 6,510,282 $ 3,339,931 105.35%
Corporate Fixed Income -Morgan Stanley 5,024,992 4,995,772 (29,220) -0.58%
Government Securitites -Morgan Stanley 11,055,630 11,098,051 42,421 0.38%
Cash, BDP. MMF -Morgan Stanley 98,748 83,240 (15,508) -15.71%
SBA -Florida Prime 22,985 22,985 0.00%
Cash on Hand 3,150 3,150 0.00%
Subtotal $ 19,375,856 $ 22,713,480 $ 3,337,624 17.23%
Police Pension Investments $ 10,605,421 $ 10,721,278 $ 115,857 1.09%
General Pension Investments 22,849 001 23,024,948 175 947 0.77%
Subtotal $ 33,454,422 $ 33,746,226 $ 291,804 0.87%
Total $ 52,830,277 $ 56,459,705 $ 3,629,427 6.87%
Agenda Item 4A
January 22, 2018
City of Atlantic Beach
FINANCIAL REPORT
December 2017
Revenues
Annual YTD YTD Dollar
Fund I {Footnote) Estimate Estimate Actual Variance
General $ 12,829,454 $ 3,207,282 $ 5,848,363 $
Convention Development Tax 138,366 34,590 45,961
Local Option Gas Tax 471,901 117,975 160,937
Better Jax 1/2 Ct Sales Tax 939,898 234,972 378,558
Police Training, Forfeiture & Grants 87,636 21,897 28,547
Capital Projects 333,569 83,391 75,745
Utility 9,345,264 2,336,280 2,240,797
Sanitation 1,925,541 481,380 482,913
Building Code Enforcement 531,587 132,891 141,089
Storm Water
Pension -Police
Pension -General
1,482,003 370,500 288,609
1 '113, 197 278,286 189,818
2,595,711 648,924 191,500
Total $ 31,794,127 $ 7,948,368 $ 10,072,837 $
Analysis of Major Variances
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. Highlighted
variance explanations follow:
General Fund revenues show a net positive variance of $2,641,081. Most of
this variance is due to the timing of receipt of ad valorem taxes, the majority of
which will be received in December.
Pension Fund-General revenues show a net negative variance of ($457,424).
This variance is due to returns not being on par with projections.
2,641,081
11,371
42,962
143,586
6,650
(7,646)
(95,483)
1,533
8,198
(81 ,891)
(88,468)
(457,424}
2,124,469
Percent
Variance
82.35%
32.87%
36.42%
61.11%
30.37%
-9.17%
-4.09%
0.32%
6.17%
-22.10%
-31.79%
-70.49%
26.73%
Agenda Item 4A
January 22, 2018
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Contribution Request Recommendation
SUBMITTED BY: Timmy Johnson, Recreation & Special Events
DATE: December 21, 2017
BACKGROUND: The City Commission approved the Cultural Arts and Recreation Advisory
Committee Contribution process. The guidelines state that applications
must be postmarked by deadline time and date 5:00p.m., September 29,
2017.
BUDGET:
Staff received an application from Common Threads on October 12, but it
was postmarked September 29, which meets the guidelines. The
Committee interviewed a representative from Common Threads at the
December 12 meeting and recommends a $2,700 contribution to their
program. Common Threads requested $4,562 to fund cooking classes at
the Jordan Center.
Funds for the contributions will come from account number
001-6010-572-81-01.
RECOMMENDATION: Approve the contribution request as recommended by the
Cultural Arts and Recreation Advisory Committee.
ATTACHMENTS:
1. Contribution Guidelines
2. Application Package
3. Committee's Score Sheet
4. Contribution Distribution Chart
REVIEWED BY CITY MANAGER:---'lQ~"'-'w..-=---lLf----r-----
Agenda Item 4B
January 22, 2018
CARAC Contribution Awards Program: Timeline
July 6, 2017 Recreation Director sends draft documents to Cultural Arts and
Recreation Advisory Committee for review. Documents include:
1. Application Package with timeline and review criteria
2. Application Form
3. Review guidelines and score sheet
July 6, 2017 Recreation Director sends a Save the Date to City Manager asking
City Manager to set aside time to review documents
July 11, 2017 Cultural Arts and Recreation Advisory Committee meeting to
review, discuss, edit and finalize FY 2017-2018 Contribution
Awards Program documents
July 13, 2017 Contribution Awards Program documents sent to City Manager (or
interim/deputy) and City Attorney for review
July 19, 2017 Review deadline: City Manager and City Attorney must submit
suggested edits, comments or changes to Recreation Director by
this date
July 20, 2017 Recreation Director will incorporate edits and send final documents
to Cultural Arts and Recreation Advisory Committee for final review
July 25, 2017 Final version deadline
August 14, 2017 Approval of documents and process from City Commission
August 15, 2017 Request for Proposals (RFP)-Press notification goes public
without published amount
Sept. 12, 2017 City Commission approval of total funding
Sept. 29, 2017 Deadline for all applications 5 p.m.
October 3, 2017 CARAC meet to review proposals/preliminary scores to develop
short list of semi-finalists
October 6, 2017 Notify semi-finalists to present brief summary of proposal
October 1 0, 2017 Mandatory presentations to CARAC
October 23, 2017 City Commission approval of awards
October 24, 2017 All applicants notified
November 8, 2017 Contribution awards disbursed at City Commission Meeting
Agenda Item 4B
January 22, 2018
Reviewer Score Sheets Reviewer Signature: __________ _
STOP: Please sign Conflict of Interest forms for reviewers before proceeding to score.
Scoring:
• 200 total possible points
• Score each application on its own merit, not in comparison to other applications. Use
the scoring form and scoring rubric.
• Base your scores on the information stated on the application, not on inferences. If
anything on the application is unclear, ask for clarification during in-person
presentations.
• Your comments are critical to the review process.
• Please complete preliminary scoring independently of other reviewers.
• Score box A is for preliminary scores, prior to presentations.
• Score box B is for final scores after presentations have been delivered.
Funding amount requested $, _____ Date of event/program start-end ___ ! __ _
Yes/No Conditions (no further review if any of the Yes/No conditions are not met):
1. Fair and justifiable program costs (Program/Event Budget required) Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
2. Serves Atlantic Beach residents
3. Program/event pertains to cultural, arts, and/or recreation
4. Program/event activities completed by September 30, 2018
5. Program/event is non-discriminatory
1. Participants (2-3 sentences) Maximum 25 points DD
Consider the following when allocating points in this category:
D What is the estimated number of participants through this program or event?
D What number and percent of the participants will be Atlantic Beach residents?
D Is this an adequate number relative to the amount of funding requested?
D Is the event open to all residents of Atlantic Beach who may want to participate?
D Is the event to occur in Atlantic Beach or to serve primarily Atlantic Beach?
Reviewer comments:
Agenda Item 4B
January 22, 2018
2. Need (1-2 sentences) Maximum 25 points DD
Consider these questions when allocating points in this category:
D Is there a demonstrated need for the program/event?
D Is the program/event duplicative of other programs/events in the area?
D Is the program/event a response to a need articulated from the community?
D Does the program/event target a population group that is currently underserved? (e.g. teens,
children with special needs, low-income residents, etc.)
Reviewer comments:
3. Description of program/event (3-4 paragraphs) Maximum 100 points DEJ
Consider these questions when allocating points in this category:
D Are the goals and objectives described in the proposal specific, realistic, relevant and
measurable?
D Does the proposal clearly articulate who, what where, when, how?
D How will the program/event benefit residents of Atlantic Beach (pertaining to cultural arts and
recreation)?
D Is there an effective plan for promoting/advertising or marketing the program/event?
D Does the program or event have a demonstrated history of success (in other contexts or
similar cities, or in previous years)?
D Does the applicant organization have a history of successful implementation of similar
programs/events?
D Originality and creativity-is the program or event new and unique to the community or
provide a new or unique twist on an existing program or event?
D Is the program/event free or made affordable to residents of Atlantic Beach?
o If there is a fee, does the proposal describe steps to ensure that participants are not
denied the opportunity to participate due to their inability to pay the registration or
other related fees?
D Is the event free from inherently religious activities?
D Is this a family oriented and wholesome event that City funding should support?
Reviewer comments:
Agenda Item 4B
January 22, 2018
4. Evaluation (2-3 sentences) Maximum 25 points DEJ
Consider these questions when allocating points in this category:
o Is there an adequate evaluation plan for measuring participation, satisfaction, impact and
capturing suggestions for improvement?
0 Will data provide actionable information for future planning?
o Will results be useful for dissemination to the community?
0 Does evaluation include feedback from participants/audience as well as planners/organizers
and volunteers?
Reviewer comments:
5. Resourcing (1-2 sentences) Maximum 10 points DD
Consider these questions when allocating points in this category:
o Is there a plan to leverage additional resources (other funding, volunteers, and/or in-kind
donations)?
0 Is there collaboration with other organizations that will help to offset resources and
expenditures?
0 Is this a for-profit event?
Reviewer comments:
6. Other
To what extent is this a worthwhile and appropriate expenditure of scarce o··. D' :
City funds or resources compared with other potential programs or
events? Maximum 15 points
Reviewer comments:
TOTAL DEJ
Agenda Item 4B
January 22, 2018
APPLICATION GUIDELINES FOR FY 2017 -2018 CONTRIBUTION AWARDS
Funding Availability: The City Commission has allocated funding for FY 2017-2018 to support
artistic, recreational, or cultural programs, events or projects which benefit the residents of
Atlantic Beach. Applications for contributions are invited from eligible non-profit, 501 (c)(3)
community organizations, schools or districts providing extra-curricular/extramural programs to
fund one-time arts , cultural and recreation programs, activities or events that serve Atlantic
Beach residents.
Only one (1) Contribution application may be submitted per eligible non-profit, 501 (c) (3)
community service organization, with award request of $100-$5,000 per applicant. Final
Contribution Award amount may be allocated as determined by the Cultural Arts and Recreation
Advisory Committee.
Please note relevant code pertaining to contributions:
Sec. 2-2. Charitable contributions prohibited.
The City shall not contribute City funds to any charitable, non-profit, or other worthy cause . However, the City
may contribute City funds or other support to a1tistic, recreational, or cultural programs, events or projects which
benefit the residents of Atlantic Beach, as follows:
(1) Requests for contributions to such programs, events or projects shall be submitted to the Culh1ral Arts and
Recreational Advisory Committee.
(2) The Cultural Arts and Recreational Advisory Committee will make recommendations on any such requests to
the City Commission, who will then make the final decision on funding the request.
(3) Any r equest for contributions which are not artistic, recreational , or culhtral in nature shall be submitted
directly to the City Commission for consideration .
(Ord . No. 95-91-50, §I , 10-28-91; Ord. No . 05-02-37 , § I , 7-8-02)
Editor's note-Ord. No. 95-91-50 ,_§_1, adopted Oct. 28 , 1991 , amended the Code by adding__§_lj_(b). For purposes of
classification ,~(b) has been codified as__§__H at the discretion of the editor.
Agenda Item 4B
January 22, 2018
REQUIRED APPLICATION DOCUMENTS
Documents Required for Submittal: All applicants must complete the attached application
form and provide the following documents :
0 Completed Application Form
0 Summary of organization's current budget
D Program budget
D Proof of current Non-Profit 501 (c)(3) certification form issued by the State of Florida
D List of Current Organization's Board of Directors
D Most current IRS W-9 Form
ELIGIBLE NON-PROFIT ORGANIZATIONS ONLY
Non -profit organizations which have officially filed as a non-profit with the State of Florida must
attach a copy of its current year 501 (c) (3) non-profit certification form. For organizations filed
with the State , the Cultural Arts and Recreation Advisory Committee, at its discretion , may
consider their application .
APPLICATION SUBMITTAL AND DEADLINE: 5:00p.m., September 29,2017
Applications must be postmarked by deadline time and date 5:00 p.m. September 29,
2017. No Exceptions.
Mail applications to : City of Atlantic Beach
Recreation & Special Events
Contribution Application
716 Ocean Boulevard
Atlantic Beach, FL 32233
For more information contact: City of Atlantic Beach Recreation Office:
Email (preferred method of contact) tjohnson@coab.us
or call (904) 247-5828.
2
Agenda Item 4B
January 22, 2018
DISQUALIFICATION CRITERIA AT TIME OF SUBMITTAL
Any application received that are postmarked after the deadline time and date are immediately
disqualified from funding consideration . No exceptions.
);> POSTMARKS AFTER DEADLINE DATE ARE NOT ACCEPTED.
);> E-MAILED APPLICATIONS ARE NOT ACCEPTED .
QUALIFYING CRITERIA
Applications are limited to non-governmental, non-profit organizations serving the Atlantic
Beach community. Excluded entities include the following: municipal organizations, state or
local government organizations and private individuals. Schools or districts applying for funding
for extra-curricular or extramural activities/programs/services, after-school programs, or
authorized student activity organizations are eligible .
I PROPOSAL GUIDELINES
Applications will be judged and selected for funding consideration by the Cultural Arts and
Recreation Advisory Committee on a number of criteria. Please ensure that proposals describe
how those criteria will be addressed:
1. Serves Atlantic Beach residents. Proposal describes how many residents of Atlantic
Beach are expected to participate, and describes target audience (e .g. children , teens,
families, older adults). The event or program is open to all residents of Atlantic Beach.
2. Cultural, Arts and Recreation: Program, event or activities are cultural arts and
recreation in nature (or support access to participation in cultural, arts, recreation
programs or events).
3. Community need: The proposal addresses an existing need in the community (for
example there is currently a need to increase opportunities for cultural, arts and
recreation programs or activities for teens and young adults).
4 . Marketing: Effective promotion or marketing of the program or event is planned.
5. Affordability: The event or program is free or made affordable to residents of Atlantic
Beach . Proposal describes planned steps to ensure that participants are not denied the
opportunity to participate due to their inability to pay the registration or other related fees .
6. Program Costs: Fair and justifiable program costs (Budget required).
7. Adequately resourced : The proposal includes evidence of supplemental funding, such
as leveraging matching funds, collaboration , volunteers or other resources.
8. Originality and creativity. Applications of projects or programs that are new and
unique to the community or which provide a new or unique twist on an existing program
are strongly encouraged.
3
Agenda Item 4B
January 22, 2018
9. Evaluation: There is in evaluation plan that measures participation/impact and will
provide useful/actionable data.
10 . Timely: Completion of Special EvenUProgram Activity between: November 1, 2017 and
September 30, 2018 .
CONTRIBUTION AWARD EXPENDITURES
Contributions will be funded upon approval of the City Commission and announcement of
recipients. Expenses must be directly related to proposed program or event services , materials
or activities occurring within the award period.
Awardees will be required to maintain financial records to support claimed expenditures and
project accomplishments.
Funds for the proposed special event or program activity must not be used to replace or offset
funding sources normally available for any portion of the special event or program activity, nor
be used by the applicant to fund/supplement its own monetary giving .
Funds may not be used for capital expenses, lobbying or other excluded activities. Funding may
not be used for inherently religious activities .
I FINAL REPORT AND RECEIPTS
The City Staff will review submitted copies of paid receipts/invoices and a written final report to
ensure that funds were spent in compliance with the approval application . Applicant will be
required to reimburse the City of Atlantic Beach for all inappropriately spent funds.
Final Report is due one (1) month following completion of the program or event, and no later
than October 31,2018.
I PRIOR FINANCIAL ASSISTANCE
Information provided on application will be used to review prior performance history. Significant
non-compliance issues will be taken into consideration and may affect future funding decisions
jointly made by the City Commission .
NOTE: Eligibility for FY 2017-2018 Contribution Awards may be affected if an organization has
previously received a Contribution Award by the Atlantic Beach City Commission, or has not
fully disclosed that a Contribution Award was not fully expended, or did not complete required
financial or other reporting requirements for a previous Contribution Award . All eligibility criteria
is administered and determined by the Recreation Director, and Cultural Arts and Recreation
Advisory Committee . All decisions made on eligibility by the Atlantic Beach City Commission,
the Recreation Director and the Cultural Arts and Recreation Advisory Committee are deemed
final.
4
Agenda Item 4B
January 22, 2018
CONTRIBUTION AWARD MAXIMUM AWARD AMOUNT
Contribution Awards: Most of the award amounts are expected to be between $100 and
$5,000
*NOTE: The City Commission and/or the Cultural Arts and Recreation Advisory Committee, at
its discretion , may modify the Contribution award to qualified recipients based on merit of
proposal, number of other qualified applications received and other criteria. The Contribution
award may not exceed the maximum amount of available financial resources for the FY 2017-
2018 Annual Atlantic Beach Community Contribution Program as approved under the City's
Annual Operating Budget.
KEY TIMELINES FOR FY 2017-2018 PROGRAM PERIOD
August14,2017
August 15 , 2017
September 12, 2017
September 29, 2017
October 3, 2017
October 6, 2017
October 10, 2017
City Commission authorizes solicitation for applications for annual
Contribution Awards for arts , cultural and recreation programs,
events and activities
Distribute Request for Proposals (RFP) and issue press
notification
(Notice of RFP will also be included in newsletter distributed
September 4-5, 2017)
City Commission approval of total funding amount for 2017-2018
Contributions Program
Deadline for 2017 -2018 Contribution Awards proposals . The
Recreation Director will review each application as they are
received and forward eligible applications to the Cultural Arts and
Recreation Advisory Committee within 3 business days of receipt
The Cultural Arts and Recreation Advisory Committee wi ll meet to
review proposals and determine preliminary scores in order to
develop a short-list of semi -finalists
Notify semi-finalists who will be required to present a brief
summary of their proposal/answer questions to the Cultural Arts
and Recreation Advisory Committee
MANDA TORY presentations to the Cultural Arts and
Recreation Advisory Committee are required by all short-list semi -
finalists.
The Recreation Director will calculate final scores based on both
proposal content and presentations .
5
Agenda Item 4B
January 22, 2018
October 23, 2017
October 24, 2017
November 8, 2017
City Commission Approval: City Commission awards
Contributions and appropriates funds at Regular City Commission
Meeting
Applicants notified regarding application outcome
Contribution Awards Disbursed: All FY 2017-2018 Contribution
awards released to award recipients
FINANCIAL AND OUTCOME REPORTING FOR AWARD RECIPIENTS (FY 2017-2018)
December 1, 2017-
September 30, 2018
January 31, 2018-
October 31, 2018
LETTER NOTIFICATION : Upon completion of the program or
event, all FY 2017-2018 award recipients will be notified to submit
their final reports and copies of receipts.
DEADLINE: All FY 2017-2018 award recipients must submit
copies of paid receipts/invoices and a written report , including
number of citizens served and program or event outcomes within
30 days of completion of the program or event.
If the paid receipts/invoices and written report is not received, the
award recipient will be required to immediately reimburse City of
Atlantic Beach Contribution funds.
Note: All Contribution Award recipients ' final reports will be submitted before the Recreation
Director for approval of expenditures. If determination is made that funds were expended
inappropriately, the Recreation Director will direct award recipients to reimburse the City of
Atlantic Beach .
6
Agenda Item 4B
January 22, 2018
I SCORING AND REVIEW CRITERIA AND GUIDANCE
NOTE: Reviewer questions are listed to provide a helpful guide for applicants
Funding amount requested:$ Dates of event/program start-end----~----
Yes/No Conditions (no further review if any of the Yes/No conditions are not met):
1. Fair and justifiable program costs (Program/Event Budget required)
2. Serves Atlantic Beach residents
3. Program/event pertains to cultural, arts, recreation
4. Program/event activities completed by September 30, 2018
5. Program/event is non-discriminatory
1. Participants (2-3 sentences) maxim urn 25 points
Reviewers will consider the following questions:
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
D What is the estimated number of participants through this program or event?
D What number and percent of the participants will be Atlantic Beach residents?
D Is this an adequate number relative to the amount of funding requested?
D Is the event open to all residents of Atlantic Beach who may want to participate?
D Is the event to occur in Atlantic Beach or to serve primarily Atlantic Beach?
2. Need (1-2 sentences) maximum 25 points
Reviewers will consider the following questions:
D Is there a demonstrated need for the program/event?
D Is the program/event duplicative of other programs/events in the area?
D Is the program/event a response to a need articulated from the community?
D Does the program/event target a population group that is currently underserved? (e .g.
teens, children with special needs, low-income residents, etc.)
3. Description of program/event (3-4 paragraphs) maximum 100 points
Reviewers will cons ider the following questions:
D Are the goals and objectives described in the proposal specific , realistic , relevant and
measurable?
D Does the proposal clearly articulate, who , what, where, when, how?
D How will the program/event benefit residents of Atlantic Beach (pertaining to cultural arts
and recreation?
D Is there an effective plan for promoting/advertising or marketing the program/event?
D Does the program or event have a demonstrated history of success (in other contexts or
similar cities , or in previous years)?
D Does the applicant organization have a history of successful implementation of similar
programs/events?
D Originality and creativity-is the program or event new and unique to the community or
provide a new or unique twist on an existing program or event?
7
Agenda Item 4B
January 22, 2018
D Is the program/event free or made affordable to residents of Atlantic Beach? If there is a
fee, does the proposal describe steps to ensure that participants are not denied the
opportunity to participate due to their inability to pay the registration or other related
fees?
D Is the event free from inherently religious activities?
D Is this a family oriented and wholesome event that City funding should support?
4. Evaluation (2-3 sentences) maximum 25 points
Reviewers will consider the following questions:
D Is there an adequate evaluation plan for measuring participation, satisfaction , impact and
capturing suggestions for improvement?
D Will data provide actionable information for future planning?
D Will results be useful for dissemination to the community?
D Does evaluation include feedback from participants/audience as well as planners/
organizers and volunteers?
5. Resourcing (1-2 sentences) maximum 10 points
Reviewers will consider the following questions :
D Is there a plan to leverage additional resources (other funding, volunteers, and/or in-kind
donations)?
D Is there collaboration with other organizations that will help to offset resources and
expenditures?
D Is this a for-profit event?
6. Other
To what extent is this a worthwhile expenditure of scarce City funds or resources compared
with other potential programs or events? maximum 15 points
Indemnification
Contribution Award applicants and recipients agree 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 Recipient in its use of the public funds .
Site Visits
Applicants must be available for site visits during the application process and successful
applicants must be available for site visits during program activities or events
Save the Date
It is recommended that all applicants consider holding time on their calendars for a 10 minute
presentation on October 10, 2017 in the event that they should make the short-list of semi-
finalists (applicants may send any member of their staff or team to represent the application at
the presentation).
All decisions are final.
8
Agenda Item 4B
January 22, 2018
6. Date of Event! Program Start date: End Date: ______ _
*Note, the term "program" is used broadly to include a program, event, activities or
services.
7. Participation (maximum 25 points)
i. Estimated number of people who are expected to participate in this program: __ _
ii. Estimated number and percent of who are Atlantic Beach residents: # o/o __
iii. Location where the program or event will take place: _________ _
iv. Is the program open to all residents of Atlantic Beach? Y/N
v. Is there a fee for participating? Y/N
8. Need Statement (maximum 25 points)
Briefly describe any community needs or gaps that the program is intended to address.
Please note how it was determined that these needs or gaps exist, and state if the
program targets a population or age group that is currently underserved.
9. Description of Program/Event (maximum 100 points)
A.) Describe the goals and objectives of the program and benefits to the residents of
Atlantic Beach (specifically cultural arts and recreation benefits). Include a
description of the program activities and how they will be delivered. Also describe
how the program will be advertised to ensure adequate participation.
Page 2 of 4
Agenda Item 4B
January 22, 2018
B.) Describe the intended outcomes of the program, and why you believe the program
will successfully achieve the intended outcomes (i.e. is the program based on solid
evidence of success?)
1. Does this program have a history of success in similar contexts?
2. Has your organization successfully implemented programs of similar scope
and scale?
C.) If there is a fee or cost to participate, please describe how you will ensure that
participants are not denied the opportunity to participate due to their inability to pay
any registration or other related fees.
10. Evaluation (maximum 25 points)
Briefly describe how you will measure success (important metrics include reach,
outcomes, participant satisfaction, and suggestions for improvement). Describe data
collection methods and who will be surveyed. Please also describe how data will be
used to inform program improvement and how (if) results will be disseminated to the
community.
11. Resourcing (maximum 10 points)
Please describe any plan to leverage additional resources (e.g. other funding,
volunteers, in-kind donations), or if there will be collaboration with others to help offset
expenditures.
Page 3 of 4
Agenda Item 4B
January 22, 2018
12. Total Program Cost:$ _____ _
(Includes all estimated costs to conduct proposed activity/program)
13. Attach to Contribution Application:
D Copy of Organization's Budget Summary
D Copy of Proposed Program Budget
D Copy of current State of Florida Non-Profit Corporation Certification
D List of Current Organization's Board of Directors
D IRS W-9 Request for Taxpayer Identification Number (TIN) and Certification
14. How will the organization acknowledge the City's financial contribution to the
community/beneficiaries of the proposed special event activity?
ACKNOWLEDGMENT OF RESPONSIBILITY:
Authorized Signature assumes all responsibility for developing and implementing
proposed activities or events in this application, including public acknowledgment of
the City's financial contribution. Authorized signature will comply with all
accounting and budget procedures outlined by the City. Authorized signature and
accompanying group will hold harmless the City of Atlantic Beach from all losses,
claims, accidents and problems associated, directly or indirectly, with the
development and implementation of proposed activities or events. Authorized
Signature agrees to present final outcome of event to Cultural Arts Recreation
Advisory Committee within 30 days of the event.
Authorized Signature of Organization Date
Printed Signature
All Information Requested On This Application Must Be Completed As A Condition
For Being Considered For Public Funds By The City Of Atlantic Beach Cultural Arts
And Recreation Advisory Committee And In No Way Guarantees Funding.
Page 4 of 4
Agenda Item 4B
January 22, 2018
CONTRIBUTION SCORE SHEET
Round 1 Round 1 Round 1 Round 1 Round 1 Round 1 Round 1 Round 1 Round 1 Round 1 Round 1
Organization Judge 2 Judge 3 Judge 6 Judge 7 Judge 8 Judge 9 Total Average
Common Threads 142.00 91.00 XXX XX 189.00 XX XXX 115.00 1013.00 144.71
Round 2 Round 2 Round 2 Round 2 Round 2 Round 2 Round 2 Round 2
Organization Judge 1 Judge 2 Judge 3 Judge 4 Judge 5 Judge 6 Judge 7 Judge 8 Judge 9 Total Average
Common Threads xxxxx 162.00 125.00 200.00 xxxxx X XXX X 189.00 180.00 125.00 981.00 163.50
Round 1 is from reviewing the application only
Round 2 is after presentations
Agenda Item 4B
January 22, 2018
Contribution Distribution Chart
100%-80% {200-180}
79%-61% {179 -160}
60%-41% {159 -140}
40%-21% {139 -120}
20%-0% {119-0}
Agenda Item 4B
January 22, 2018
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City of Atlantic Beach
Environmental Stewardship Committee
Background and Recommendation Regarding
Proposed Beaches Town Center landscaping Renovation Plan
Summary from COAB Environmental Stewardship Committee Presentation on 12/13/2017
Representatives of the Beaches Town Center Agency (BTCA) presented a landscaping renovation
proposal from Rockaway, a landscape solutions company based in Jacksonville Beach, to the COAB ESC
on 12/13/2017. The BTCA is seeking funding from COAB to enable the project to proceed. The total
estimated cost of the project approximately $130,000, and BTCA is suggesting that COAB contribute one
third of the total with the remainder coming in equal shares from BTCA and the City of Neptune Beach.
The proposed renovation would replace virtually all the existing plants in Town Center public areas.
Existing palm trees and a few larger shrubs would remain. In addition, new irrigation would be installed
along with some hardscape features such as retaining walls, large coquina boulders, and smaller rock
ground cover material.
The proposal from Rockway includes a detailed landscape plan and plant schedule.
The ESC members noted some concerns to the representatives that we believe should be addressed
before COAB considers providing the requested funding:
1. Several the plants that are included in the proposed plan are not suitable for use in BTC for
several reasons:
a. Not freeze tolerant and not suitable for our USDA freeze hardiness zone (9A/9B)
b. Poisonous to humans and to dogs-BTC is a very high pedestrian traffic area and
children and dog-friendly area
c. Some of the plants are tropical and more suited to south Florida
d. The original plan provided by the landscape architect had a more appropriate plant
palette that is more in keeping with what most local, respected landscape architects
would use in a project of this type.
2. Plans call for use of rocks as a ground cover in a number of areas-this should be looked at
more to ensure that rocks aren't an attractive nuisance for children and that they don't end up
in streets and sidewalks
3. Plans call for the planting of a large, multi-trunk palm in the circle at the end of Atlantic Blvd
which would likely prevent the Christmas tree display in the circle; committee members are
concerned that this would be viewed negatively by citizens
ESC Follow-Up After December 13, 2017 Committee Meeting
A subcommittee of the ESC held several public meetings after the full Committee meeting on December
13th. These meetings were attended by Committee members Sarah Dark and Bruce Andrews, Atlantic
Beach resident and landscape architect Kelly Elmore, Deputy City Manager Kevin Hogencamp, and
Agenda Item 5A
January 22, 2018
various representatives of the Beaches Town Center and Rockaway. Not all attendees were present at
all the meetings. At these meetings, we reviewed the plan in detail and, with Sarah Dark's efforts,
proposed several changes to address our concerns. These changes have been reflected in a revised plan
that was reviewed at our full Committee meeting on January 10th.
Summary from ESC Meeting on January 10, 2018
At our January 10th Committee meeting, the ESC voted unanimously to recommend approval of the
requested funding to the COAB Commission. We believe that the revised plan will greatly enhance the
BTC and is needed at this time. We discussed several concerns that we want to bring to your attention,
but ultimately concluded that we are supportive of the project and of the city's participation in the
funding. Those concerns were:
1. While we are being asked to fund one third of the total cost, less than one third of the area
being landscaped falls within our city limits.
2. We have been told that the maintenance of the existing landscaping is not adequate. If we
proceed with the proposed plan, we need to ensure that the maintenance is improved to
protect our investment.
3. The plan calls for a large, multi-trunk palm and surrounding plants to be installed in the circle at
the end of Atlantic Blvd. This planting would likely preclude having the traditional holiday tree
that we have had for many years during the holidays. The Committee believes that this issue is
beyond the scope ofthe ESC and would be better addressed by city staff or the Commission.
Our recommendation is not intended to support the removal ofthe holiday tree tradition.
Representatives ofthe ESC will attend the Commission meeting on January 22 to share this information
and answer any questions from the Commissioners.
Respectfully submitted by,
Bruce Andrews
Vice Chairman, ESC
Agenda Item 5A
January 22, 2018
AGENDA ITEM:
Resolution 18-02
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
JANUARY 22, 2018
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
EXPENDITURE OF AN AMOUNT NOT TO EXCEED $43,334 FOR BEACHES TOWN
CENTER LANDSCAPING; APPROPRIATING $20,000 FROM THE PUBLIC WORKS
DEPARTMENT STREET DIVISION ACCOUNT AND $23,334 FROM THE
CONVENTION DEVELOPMENT TAX ACCOUNT FOR THIS PURPOSE;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
DATE SUBMITTED: January 17, 2018
SUBMITTED BY: Kevin Hogencamp, Deputy City Manager '~
SUMMARY:
Please note: This agenda item connects to the Environmental Stewardship Committee report that
also is on this City Commission agenda.
The Beaches Town Center area is in dire need of new landscaping and the City of Atlantic Beach,
City ofNeptune Beach and Beaches Town Center Agency are working cooperatively on a solution.
The City of Atlantic Beach Environmental Stewardship Committee, Neptune Beach City Council
and Beaches Town Center Agency have reviewed and endorsed a comprehensive Beaches Town
Center landscaping project not to exceed $130,000.
It is proposed that the project cost be split three ways between the City of Atlantic Beach, City of
Neptune Beach and Beaches Town Center Agency, and, as such, the City of Atlantic Beach's share
of the project's cost would be $43,334.
The use of the Public Works Street Division Account ($20, 000) and Convention Development Tax
Account ($23,333) is appropriate for this purpose.
RECOMMENDATION: That the Commission approve Resolution 18-02 authorizing the
expenditure of an amount not to exceed $43,334 on a Beaches Town
Center landscaping project.
Agenda Item 6A
January 22, 2018
RESOLUTION NO. 18-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
EXPENDITURE OF AN AMOUNT NOT TO EXCEED $43,334 FOR BEACHES TOWN
CENTER LANDSCAPING; APPROPRIATING $20,000 FROM THE PUBLIC WORI(S
DEPARTMENT STREET DIVISION ACCOUNT AND $23,334 FROM THE
CONVENTION DEVELOPMENT TAX ACCOUNT FOR THIS PURPOSE;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Beaches Town Center area is in dire need of new landscaping and the City of Atlantic
Beach, City ofNeptune Beach and Beaches Town Center Agency are working cooperatively on a solution; and
WHEREAS, the City of Atlantic Beach Environmental Stewardship Committee, Neptune Beach City
Council and Beaches Town Center Agency have reviewed and endorsed a comprehensive Beaches Town Center
landscaping project not to exceed $130,000; and
WHEREAS, it is proposed that the project cost be split three ways between the City of Atlantic Beach,
City ofNeptune Beach and Beaches Town Center Agency, and, as such, the City of Atlantic Beach's share of the
project's cost would be $43,334; and
WHEREAS, the use of the Public Works Street Division Account ($20,000) and Convention Development
Tax Account ($23,333) is appropriate for this purpose.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows:
SECTION 1. The City Commission hereby approves the expenditure of an amount not to exceed $43,334
for Beaches Town Center landscaping.
SECTION 2. The City Commission hereby appropriates $20,000 from the Public Works Department Street
Division account and $23,334 from the Convention Development Tax account for this purpose.
SECTION 3. The City Manager is hereby authorized to execute the contract(s) and such purchase order(s)
in accordance with and as necessary to effectuate the provisions of this Resolution.
SECTION 4. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 22nct day of January,
2018.
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Agenda Item 6A
January 22, 2018
.... LANDSCAPE PRICING
Plant Material
Number Size Item
1 g Sylvester Palm Mtftriple (specimen)
2 15 g European Fan Palm
16 7 g_ European Fan Palm
1950 1 g Dwarf Jasmine
65 3 g Silver Palmetto
95 3 g Podocarpus
25 7 g Bird Of Paradise Orange
19 7 g Crinum Lily Purple
278 3 g White Fountain Grass
208 3 g Petite Oleander
138 3 g Zamia Coontie
56 3 g Muhly Grass
7 g Sabal Palms Regen. 1 0' Ct.
2 15 .B_ Feijoa Standards
56 7 g Crinum Lily White
13 7 g Zamia Cardboard
129 3 g Green Pittosporum
55 1 g Dune Sun Flower
120 1 g sea oats
24 15 g Oleander Calypso
Material and services
70 Co_guina Boulders 2X3'
2400 SF Zoysia Turf
190 CY Cypress Mulch
200 FT Munich Block Wall (3 courses high)
Install Labor
Site Prep
Disposal
The above plants, products and services as per the provided design and/or conceptual images are
included in the below price.
Investment in Landscaping:
Site Prep & Landscaping $ 111,000.00
Irrigation System $ 19,000.00
Total: $130,000.00
4\Page
Landscape Design & Installation • Maintenance • Irrigation • Lighting • Garden Center
Agenda Item 6A
January 22, 2018
~YOUR TEAM
Team Member Job Title Job Responsibility
Greg Burghardt President • Accountable for your complete
• Rutgers University, B.S Plant satisfaction
Science, Business • Oversees all retail and service
• State of Florida Green Industries operations
Best Management Practices Cetiified • Ensures compliance to job
• Owner/operator specs and quality
• Interfaces with Client
Brian Burghardt Vice President • Accountable for all on site
• Rutgers University, B.S activities
Environmental Planning & • Responsible for plant and
Landscape Design, Plant Science material purchases
• State of Florida Green Industries • Scheduling all work and crews
Best Management Practices Certified • Implements on site quality
• Owner/operator standards/ design layouts
Efren Cruz Maintenance Division • Organizes crews, maintains
• State of Florida Green Industries Quality Assurance and prioritizes schedules
Best Management Practices Certified Manager • Hires, trains and develops the
• State of Florida Commercial teams
Fetiilizer Certified • Understands customer
• Bilingual with fluency in English and concerns and provides
Spanish appropriate and immediate feed
• II years industry experience back
Rusty Watson Account Manager • Organizes crews, maintains
• State. of Florida Green Industries and prioritizes schedules
Best Management Practices Certified • Hires, trains and develops the
teams
• Licensed Irrigation Technician • Facilitates all necessary action
and communication during the
sales process to include the
• Cetiified Pest Control Operator transition from retail to outside
sales
Tom Thelen Technical Services • Responsible for irrigation
• 30 years industry experience Supervisor design, install, and service
• 20 years of experience managing • Organizes crews, maintains
commercial landscape projects and prioritizes lighting and
• Owned and operated his irrigation irrigation schedules
company for 1 0 years • Trains and develops the
• 5+ years experience in golf course depmiment on best industry
projects standards
• Understands and facilitates the
proper use of water at all sites
8JPage
Landscape Design & Installation • Maintenance • Irrigation • Lighting • Garden Center
Agenda Item 6A
January 22, 2018
Walter Wells Technical Services • Ensures readiness and control
• University ofFlorida, B.S. in Assistant of materials
Chemistry • Maintains safe working
• University of Florida, Athletic Field conditions
Maintenance/ Irrigation • Trains field applicators
• State of Florida Green Industries • Helps identify problem areas
Best Management Practices Certified • Identifies organic solutions
• Certified Pest Control opportunities
• 30 years industry experience
Larry Ritter Business Developer • Accountable for your complete
• State of Florida Green Industries satisfaction
Best Management Practices Certified • Ensures compliance to job
• Instructor IF AS and DEP specs and quality
• Certified Pest Control Operator • Landscape/ Maintenance
• 48 years industry experience estimates
• Landscape design
David Holloway Landscape Designer • Landscape sales and designs
• B.S. degree in • Provides excellent plant advice
Microbiology/Chemistry and superior customer service
• Virginia nurseryman certification • Strives to meet all clients
• Registered Pesticide Technician landscape needs
• Accountable for your complete
satisfaction
Emmanuelle Parisi Landscape Designer • Landscape sales and designs
• Masters of Architecture: Savannah • Provides excellent plant advice
College of Art and Design and superior customer service
• Bachelor of Science, Architecture: • Strives to meet all clients
Savannah College of Art and Design landscape needs
• State of Florida Green Industries • Accountable for your complete
Best Management Practices Certified satisfaction
• 15 years industty experience
9JPage
Landscape Design & Installation • Maintenance • Irrigation • Lighting • Garden Center
Agenda Item 6A
January 22, 2018
~CONTRACT SPECIFICS Proposal#NB 1 0 818
--Plant substitution may be made at the discretion of the designer with similar products or
varieties when specified items are not available.
--Rockaway, Inc. is not responsible for plants/sod in decline due to acts of god, i.e.
hunicanes, tropical storms, tomadoes, freeze events, drought related water restrictions
etc.
--Rockaway, Inc. is not responsible for plants/sod eaten or destroyed by wildlife or
untreated insect or disease damage or weed growth in newly installed sod.
--Rockaway, Inc. is not responsible for private underground utilities, such as landscape
lighting, gas lines from meter or tank to the house, water lines from meter to house, etc.;
locates for public utilities will be called in prior to start date. Every effort will be made
not to cut/break utilities. Due to the nature of our business it is possible that some
shallow utilities like landscape lighting, water lines, gas lines, inigation lines, cable lines,
etc. may be cut/damaged during regular operations. Rockaway, Inc. is not responsible for
any and all repair costs to private utilities.
--We ask that if plants begin to decline you give us notice so that we can come out and
try and conect the problem.
Approval Signature _____________ Date ______ _
RGC Rep Signature ____________ Date ______ _
Sustainable
Landscape Solutions
11\Page
Landscape Design & Installation • Maintenance • Irrigation • Lighting • Garden Center
Agenda Item 6A
January 22, 2018
Irrigation System:
A complete Irrigation Audit was completed of existing inigation system. There were
22 inigation zones located for the area. Many issues were found including, poor
coverage, breaks, missing heads, valves not working etc.
A complete renovation of the inigation system will be completed. This includes
making repairs as needed, adjusting and relocating heads and adding heads to system
for proper coverage of new landscaping. This will make sure the system is
completely operational for automatic coverage of the landscaped areas.
Landscaping:
Supply and install plants, trees and materials as shown on plans & following list.
Cost
Site Prep & Landscaping: $111,000.00
Inigation System: $ 19,000.00
Total Cost: $130,000.00
Landscape Design & Installation • Maintenance • Irrigation • Lighting • Garden Center
Agenda Item 6A
January 22, 2018
OR BK 17877 PAGE 507
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 817, 818, 819, 820, 821, 842 and 843, tuul the 1Vesterly 5
feet. of Lot 821 and 844, SECTION NO. 3, SAL1'AIR,_
according to tlte plat thereof as recorded in Plat Book 10, Page
16 of the Curre11t Public Records of Duval County, Florit/(1,
00106682-1
Agenda Item 8A
January 22, 2018
OR BK 17877 PAGE 508
EXHIBIT "B"
Permitted Exceptions
1. Taxes for 2017 and all subsequent years, not yet due and payable.
2. All matters contained on the Plat of Section No. 3 Saltair, as recorded in Plat Book 10,
Page16 Public Records ofn'uvat' County, Florida. ·
3. Notice and Agreement of Mitigation recorded in Official Records Book 14316, Page 1542,
Public Records of Duval County, Florida.
4. Encroachment of concrete drive into the right of way of Sturdivant Avenue as shown on the
survey prepared by Boatwright Land Surveyors, Inc. dated March 12, 2008, updated March
10, 2016, and January 23, 2017, File No.: 2017~0075.
4
Agenda Item 8A
January 22, 2018
EXHIBIT A
Application for Use-by-Exception
461 Atlantic Boulevard
Applicant, Atlantic Beach Yard Real Estate LLC ("Applicant"), seeks a use-by-exception to permit
on-premises consumption of alcoholic beverages in conjunction with a new barbeque restaurant
("Proposed Use") to be constructed at 461 Atlantic Boulevard ("Propetty").
1. Ingress and egress to property and proposed structures thereon with particular reference
to vehicular and pedestrian safety and convenience, traffic flow and control and access in
case of fire or catastrophe.
Applicant proposes construction of a 5,000 square foot, single-story building. Vehicular access to
the Propetty will be via one-way entrance to on-site parking from Atlantic Boulevard with exit
onto Sturdivant Avenue. Pedestrian access to the propetty will be by the existing sidewalk on
Atlantic Boulevard. A conceptual site plan depicting the structure, ingress and egress is provided.
2. Parking and Loading Spaces, where required, with particular attention to the items in (1)
above.
A total of 15 on-site parking spaces are provided, including two ADA spaces. A variance is being
sought to address off-site parking.
3. The potential for any adverse impacts to adjoining properties and properties generally in
the area resulting from excessive noise, glare and lighting, odor, traffic and similar
characteristics of the Use-by-Exception being requested.
The Property is one block west of the Central Business District ("CBD") within the Commercial,
General ("CG") zoning district. Restaurants, including those with on-premises consumption of
beer and wine, are permitted by right within the CG zoning district. Section 24-111 ( c )(3)
authorizes a use-by-exception for on-premises consumption of alcoholic beverages, and such use
is compatible with the existing commercial character of the CBD and those uses along Atlantic
Boulevard just west of the CBD. The addition of alcoholic beverage service to the permitted uses
will not result in excessive noise, glare and lighting, odor or traffic, and will not cause any adverse
impacts to adjoining propetties.
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2)
above.
A concrete dumpster pad will be constructed at the northeast corner of the Propelty within the
parking lot as generally depicted on the site plan. A dumpster enclosure will be provided.
5. Utilities, with reference to locations, availability and compatibility.
Utilities will be provided by City of Atlantic Beach and JEA.
6. If adjacent uses are different types of users, describe type of screening and buffering that
will be provided between your use and the adjacent use.
1
Agenda Item 8A
January 22, 2018
The immediately sunounding uses to the west, south and east of the property are primarily
commercial with shopping plazas to the west and south, and medical and commercial offices and
a McDonalds to the east. The uses to the nmth include townhomes and the Community
Presbyterian Church. The Proposed Use will be screened from the propetties to the north by
landscaping and a minimum 6 foot high opaque wood fence.
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety,
economic effects and compatibility and harmony with properties in the District.
Signage and lighting will comply with applicable regulations.
8. Required Ya1·ds and Other Open Space. Show building setbaci{S and areas of open space
on site plan.
See attached conceptual site plan.
9. General compatibility with adjacent properties and other property in the surrounding
Zoning District as well as consistency with applicable provisions of the Comprehensive Plan.
The Pro petty is located along the Atlantic Boulevard commercial corridor, one block nmth of the
Beaches Town Center. The immediately surrounding area consists primarily of shopping centers
with restaurants such as Beach Diner and Davinci's Pizza and fast food establishments such as
McDonald's, Popeyes Louisiana Kitchen and Subway. The Proposed Use is consistent with the
commercial uses along Atlantic Boulevard, especially considering the Propetty' s close proximity
to the CBD. Additionally, the project will introduce a new dining option for the City of Atlantic
Beach and surrounding neighborhoods consistent with the objectives of the CG zoning district
under the Comprehensive Plan.
2
Agenda Item 8A
January 22, 2018
Agenda Item 8B
January 22, 2018
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTI C BEACH
CITY COMMISSION MEETING
STAFF REPORT
WAfV18-0001 PublicHearing
Request for a waiver as permitted by Section 24-46( d) to waive the
prohibHion of pawn shops within the Com mercia] Limited zoning
district as required by Section 24-11 O(a) at 1487 Mayport Road.
Derek W. Reeves, Plrumer ;',/l.-._
January 11, 2018
BACKGROUND: The applicants are B &K Property, the owners of lhe property, together with
A 1 A Prestige Jewelry and Pawn, the prospective business. The proposed business has an existing
location on 3rd Street in Jacksonville Beach and i s looking to relocate to this property. The business
sells new and used items like jewelry, music instruments and sw·f boards while also operating as a
pawn shop. The business is to be located wjthin an existing shopping center at 1487 Maypmt Road
in the Commercial Limited (CL) zoning district.
A waiver is required for the pawn shop portion of the business, Section 24-11 O(a.) is the Intent
section of the CL zoning district and s tates in part, " ... Uses shall also not include ... pmFn
shops ... ". This specific prohibition means a use-by-exception is not possible and the prohibition
must be waived by the City Commission. This code provision was added in 2010 as part of a larger
code update.
The business ah·eady has a pawn broker license with the State of Florida. The applicants s1ate in
their application that 60% of th e current business is r etail sales and 40% is pawn. The existing
business is open 11 AM to 5:30PM Monday thJ'ough Friday and 11 AM to 3 PM on Satmdays. As
they will be moving into an existing shopping center, there are no changes proposed to the exterior
of the bui lding other than signage as permitted.
This property is pru1 of the recently approved Mayp011 Business Overlay District, but the overlay
does not include pawn shops as a permitted use or a use-by-exception. There are currently two
other pawn shops in the City. The Value Pawn at the corner of Mayport Road and Atlantic
B oulevard at1d Jimmy's Jewelry and Pawn on Sailfish Drive. Both locations are located in the
Conunercial General (CG) zonin g district and predate the respective prohibition in that district.
BUDGET: None.
RECOMMENDATION: To consider waiver WAIV18-0001.
ATTACHMENTS: WAfV18-0001 application.
REVIEWED BY CITY MANAGER: _Ch=-L---A4t--·---=·=J----------
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AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY COMMISSION MEETING
REPORT
Appointment to the Board Member Review Committee
Ellen Glasser, Mayor
Donna L. Bartle, City Clerk
January 4, 2018
The Board Member Review Committee (BMRC) was created by
Resolution No. 05-04 on April11, 2005 and was later amended by
Resolution No. 06-03 on February 13, 2006, Resolution No. 12-08
on April9, 2012 and Resolution No. 17-32 on December 11, 2017.
The purpose of the Board Member Review Committee is to
encourage citizens to apply to serve on the City's boards and
committees including requesting applicants to consider boards or
committees other than those that they originally applied for, to
review and consider available applications when vacancies occur,
to consider recommending existing board and committee members
to an additional term and to make recommendations to the Mayor
as to which applicants to appoint to fill those vacancies.
Board Member Review Committee citizen members will be
appointed by the Mayor subject to approval of the Commission.
Citizen members may serve two 2-year terms.
Below is a list of applicants to consider for the one vacancy on the
Board Member Review Committee.
1) Kenneth Reeves
2) Carol Silcox
RECOMMENDATION: Appoint Kenneth Reeves to serve on the Board Member Review
Committee for the term beginning January 26, 2018 and ending
January 25, 2020.
ATTACHMENTS: 1) Resolution No. 12-08
2) Resolution No. 17-32
2) Board Member Review Committee Membership List
3) Application(s)
Agenda Item 8C
January 22, 2018
RESOLUTION NO. 12-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE
NUMBER OF MEMBERS, APPOINTMENT OF MEMBERS AND MEMBERSHIP
CRITERIA FOR THE BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR
AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, a Board Member Review Committee was created by the Mayor and Commission by
Resolution 05-04 adopted on Aprilll, 2005 and amended by Resolution 06-03 which was approved on
February 13, 2006, to review applications and make recommendations for the appointment and
reappointment of members to the city's Boards and Committees, and
WHEREAS, it is desirable to replace the City Manager as a member on this Committee with
another citizen member.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as
follows;
SECTION 1. Creation: Resolutions 05-04 and 06-03 of the City of Atlantic Beach creating and
amending the BOARD MEMBER REVIEW COMMITTEE shall be further amended as follows.
SECTION 2. Purpose: The purpose of the Board Member Review Committee is to encourage
citizens to apply to serve on the city's boards and committees including requesting applicants to consider
other boards or committees than those that they originally applied for, to review and consider available
applications when vacancies occur, to consider recommending existing board and committee members to
an additional term and to make recommendations to the Mayor as to which applicants to appoint to fill
those vacancies.
SECTION 3. Membership: There will be a total of six (6) members on this Committee. The first
member will be one of the sitting City Commissioners, who shall serve as chairman of the Committee,
shall serve a one-year term and will be eligible for additional terms. Each one-year term for the
Commissioner shall begin on December 1st. This member shall be appointed by the Mayor and be subject
to the approval of the commission. The second, third, and fourth members shall be citizens of Atlantic
Beach. They will be appointed by the Mayor subject to approval of the commission. The citizen members
shall have backgrounds or experience in committee work or human resources. The citizen appointments
shall serve two-year terms which will be staggered and be eligible to serve a second two-year term. The
fifth member will be the chairman of the board or committee for which vacancy or re-appointment is
currently being considered. They shall serve only for those meetings where membership on their board or
committee is being considered. The City Clerk shall serve as a non-voting member and perform all
necessary administrative duties.
SECTION 4. Duties and Responsibilities
(a) Review available applications for vacancies on city boards and committees and
interview applicants as the Committee determines necessary to make informed recommendations.
(b) Receive input on the needs of the boards and committees that have vacancies for
consideration as to the geographical, professional and philosophical balances needed so that each of those
boards and committees can successfully accomplish their intended purposes established by the Mayor and
Commission.
Agenda Item 8C
January 22, 2018
CITY OF ATLANTIC BEACH
Board Member Review Committee (BMRC)
Created by Resolution No . 05-04 on April 11, 2005; Amended by Resolution No . 06-03 on Feb. 13, 2006; Amended by
Resolution No . 12-08 on April 9, 2012, Amended by Resolution No . 17-32 on December 11, 2017.
Total of Five Members: Commissioner member-1 year term-no term limit; Three Citizen Members-2 year
term-2 term limit; and Chairman of the board or committee for which vacancy is currently being considered.
NAME & ADDRESS POSITION/ EXP. DATE HOME I CELL I EMAIL
John Stinson CHAIR (904) 655-5250
150 l21h Street Commission Member j stinson@coab. us
Atlantic Beach, FL 32233 Regular Voting Member
2nd Term exp. 1211/17
Ruth "Sally" Clemens Citizen Member (904) 249-8572
1638 Park Terrace West Regular Voting Member Eclemens1@aol.com
Atlantic Beach, FL 32233 P 1 Term exp. 3/27119
VACANT 1st Term exp. 1/25/18
Jennifer Lada Citizen Member (904) 412-6141
1224 Ocean Blvd. Regular Voting Member JLL030 @ yahoo.com
Atlantic Beach, FL 32233 1st Term exp . 5114/18
Chairperson ofRelated Board Board/Committee Chair Varies
or Committee being Voting Member
addressed No expiration
Donna Battle City Clerk/Recording Secretary (904) 247-5809
800 Seminole Road (904) 247-5846 Fax
Atlantic Beach, FL 32233 dbartle@coab.us
Staff Liaison for Related Attends meeting to provide information to Varies
Board or Committee being applicants being interviewed and to the BMRC
addressed members.
All Official Correspondence Should Be Mailed to:
800 Seminole Road
Atlantic Beach, FL 32233
Email: dbattle@coab .us
Updated 12-20-17
Agenda Item 8C
January 22, 2018
PASSED by the City of Atlantic Beach, this / flh day of /)eambe r
~Gr~
2017.
Ellen Glasser, Mayor
Attest:
//~-~~
Donna L. Bartle, City Clerk
Approved as to form and correctness:
~d~z(A Br nna . D ity Attorney
2
Agenda Item 8C
January 22, 2018
May 23 •.. 2016 2:35PM HP Fax page 2
CITY OF ATLANTIC BEACH
BOARD I COMMITTEE MEMBER APPLICATION FORM
. Please check ("V) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board I committee by order of priority.
(A summary of each board/committee is available on page 2 ofthis form.)
§ Code Enforcement Board
Pension Board of Trustees
Cultural Arts and Recreation Advisory Committee
DATE: 05/23/2016 APPLICANT'S NAME:
ADDRESS: 197 Seminole Road
DAYTIME PHONE: 9045041162
------------~---------
E-MAIL ADDRESS: kcreeves09@gmail.com
~ Community Development Board [j Board Member Review Committee
Kenneth C Reeves
EVENING PHONE: _sa_m_e ______ _
FAX: ------------------------------
Please explain any employment experience, board/committee experience, and/or community volunteer experience
relative to the boardlcornrilittee applying for.
I wori< in Strategic Initiatives for a financial institution here in Jacksonville and my role is
to provide program/project management along with detailed analysis for my employer.
To do so, I must assemble work teams based on subject matter expsrtlse and qualifications that will help drive lo meeting and acomplishlng key milestones.
I feel this experience would work well with the objectives aligned with the Board Member Review Committee.
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
I am primarily interested in adding to the continued excellence of Atlantic Beach. This has been my home dating back to 1989
and I would like to be able to particpate in helping the city that has helped me in my growth and development.
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of -
Trustees are -required to file Statement of Financial Interest Forms. Also, infonnation regarding "Conflict of Interest"
is provided ~ni p~ge two of this application. This application will expire two (2) years after date of submittaL
1
Agenda Item 8C
January 22, 2018
Here is a more legible copy of my experience with the Arts.
Sarasota (1973-2003)
* Served on Board of Directors Seasons of Sculpture
Brought large Sculptures from around the US and Europe to display
on Sarasota's Bayfront.
* Volunteeered at the Ringling Museum of Arts -Events
* Worked with a group of special needs students to design and paint a
mural on a wall in the pediatric wing of Sarasota Memorial Hospital.
Martin County I Stuart and Hobe Sound (2033-2017)
* Served on the Board of Directors Martin County Arts Council
* Volunteered and chaired events.
* Planned and executed personally two PreGala Pink Tie Friends events.
Hung two galleries of art done by breast cancer patients and survivors
Created theme, designed invitations and sent~ procured food and
entertainment.
* Planned/executed solely, a Plein Air Event. Juried artists painted
in three different locations around Martin County, coordinated
the sale of pieces at an Arts Council annual event.
* Served on the Board of Directors Woman's Club of Stuart
Brought art to auction at events, designed and made centerpieces for
events using various medium.
* Humane Society of the Treasure Coast (HSTC)
Chaired and designed (coodinated with the theme of annual gala) for
the HSTC annual Paws & Claws Magazine and it's distribution.
Volunteered on Paws & Claws annual gala, worked on decor and set up)
helped procure art pieces for the silent auction.
Page 1
Agenda Item 8C
January 22, 2018
AGENDA ITEM:
SUBMITTED BY:
REPORT DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
COMMISSIONER'S REPORT
Restriction of Tree Mitigation Funds Collected from Tree
Removal Permitting
John M. Stinson, Commissioner, Seat No.2
16th of January 2018
The City of Atlantic Beach has a long history of protecting the
tree canopy so highly valued by its residents. As early as 1995,
the City has considered formal regulations providing for the
protection of the canopy.
Ordinance 95-95-64R, is the earliest record located, that
provides for the establishment of a "Tree Replacement
Account". Since 1999, the City of Atlantic Beach has collected
and deposited, to the Tree Fund, $133,391 dollars. These
amounts collected are referenced in an audit performed by the
Finance Department culminating in a report dated December
2017.
As a part of the audit performed by the Finance Department, a
summary of expenditures charges to the Tree Fund include:
$18,766-Contractual Services-Planning & Zoning
$24,523-Contractual Services-Planning & Zoning
$90,103-Contractual Services-Parks
A review ofthe report describes these expenditures further as
follows:
$5940-Nursery Stock & Supplies
$12,826-Misc. Services
$18,766-Total
$4,268 -Public Works j Related Services
$20,255-Nursery Stock & Supplies
$24,523 -Total
Agenda Item 8D
January 22, 2018
JUSTIFICATION:
BUDGET:
RECOMMENDATION:
$15,550-Public Works/ Related Services
$16,550 -Grounds & Park Services
$56,503-Nursery Stock & Supplies
$1,500-Misc. Services
$90,103 -Total
There may be other historical information not presented in
this chronology and not available at the time of the drafting of
this report.
It could be considered a reasonable assumption that any
person receiving a tree removal permit and therefore paying
into the Tree Fund, might believe the mitigation fee paid would
be used for replacement of the tree canopy in areas of need
across the City.
A review of the actual payments included with the audit report
from December 2017, indicate only $21,046 of the total
expenditures could be directly related to either actual tree
replacement or to studies related to the tree canopy health.
The City of Atlantic Beach created the Environmental
Stewardship Committee ("ESC") by approving Ordinance 5-17-
64, and appointing its inaugural membership by adopting
Resolution No. 17-09, for the purpose of advising the City
Commission on issues such as tree canopy protection and
replacement. This Committee was charged with "being the
stewards of the tree canopy through advocacy, assessment,
planting and preservation ofthis natural resource" (Ord. No. 5-
17-64, Sec. 23-52-Intent).
Therefore, it stands to reason, the ESC should have integral
interaction with City staff when issues related to tree canopy
protection, replacement and health is being considered for any
action, including expenditure disbursement.
Budgetary impact is expected to be minimal, the cost of
drafting the necessary language by the City Attorney being the
primary cost drivers in such action.
It is recommended that the City Commission direct the City
Attorney and staff to draft necessary language and
amendments to appropriate Ordinances and Resolutions,
giving the Environmental Stewardship Committee oversight of
expenditures to be charged to the Tree Fund and to restrict all
Agenda Item 8D
January 22, 2018
ORDINANCE NO. 95-95-64
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA AMENDING CHAPTER 23,
VEGETATION, ARTICLE II, TREE PROTECTION;
DELETING CERTAIN LANGUAGE AND INSERTING
ADDITIONAL LANGUAGE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the City Commission of the City of Atlantic Beach desires to change the Tree
Preservation Ordinance ofthe City, and
WHEREAS those changes affect the powers, duties and authority ofthe Tree
Conservation Board, and
WHEREAS the Tree Conservation Board has suggested certain language modifications
which are included herein, and
WHEREAS the Tree Conservation Board has reviewed this proposed amendment and
supports its adoption in its present form and content,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION I. Chapter 23, Article II ofthe Code of Ordinances ofthe City of Atlantic
Beach is hereby amended to read as follows:
ARTICLE II. TREE PROTECTION
Sec. 23-1. Declaration oflegislative intent and public policy. It is the intent ofthese
regulations to promote the health, safety and welfare of the current and future residents of the
City of Atlantic Beach by establishing minimum standards for the protection of trees within the
City of Atlantic Beach in order to:
(a) Improve the aesthetic appearance of commercial, governmental, industrial, and
residential areas through the protection of trees during development;
(b) Improve environmental quality by recognizing the numerous beneficial effects of
trees upon the environment;
(c) Provide direct and important physical and psychological benefits to human beings
through the preservation of trees to reduce noise and glare, and ~o break up the
monotony and soften the harsher aspects ofurban development;
Agenda Item 8D
January 22, 2018
(d) Promote innovative approaches to the design, installation and maintenance of
trees, thereby encouraging water and energy conservation;
(e) Increase and maintain the value of land by requiring a minimum amount oftrees to
be incorporated into development.
(f) Preserve existing natural trees and vegetation where possible;
(g) Promote the conservation of potable and non-potable water by encouraging the
preservation of existing plant communities, encouraging the planting of natural or
uncultivated areas, encouraging the use of site-specific plant materials;
(h) Establish procedures and standards for the administration and enforcement ofthis
part;
G) Establish a tree fund for the collection of monies from mitigation to be used for
planting oftrees in areas throughout the City.
Sec. 23-16. Definitions.
The following words and phrases, when used herein, shall have the meanings respectively ascribed
to them:
( 1) Buffer yard or strip means a strip of land, identified on a site plan or by zoning
ordinance requirement, established to protect one type of land use from another
land use that may be incompatible. The area is landscaped, maintained and kept in
open space.
(2) Caliper means the trunk diameter of existing or planted trees. Caliper shall be
measured six (6) inches above the ground for trees up to and including four (4)
inches in caliper, and measured twelve ( 12) inches above the ground for trees
exceeding four ( 4) inches in caliper.
(3) Construction: Includes erecting structures and buildings, placement ofutilities,
paving, topographical changes and installation of drainage.
(4) DBH: The diameter breast heightmeasured in inches at 4.5 feet above ground
level. DBH for multi-trunked trees shall be determined by measuring each trunk
immediately above the fork and adding the total inches together.
(5) Designee: An appointed representative.
(6) Developer/builder/contractor: Any person, firm or other legal entity that
purchases, agrees to purchase or otherwise holds an interest in real property with
2
Agenda Item 8D
January 22, 2018
the intent to, or, in fact does develop said property for any construction (by himself
or others) thereon for which an application for a building permit will ultimately be
required.
(7) Development, redevelopment, renovating: Any construction for which an
application for a building permit must be made prior to initiation of any
improvement. Also, in the case of vehicular -use paving, any preparation or
pavement (concrete or asphalt) of a site intended for any type of vehicular use.
(8) Director: Community Development Director or City's representative responsible
for administering building and site clearing permits.
(9) Dominant species: The specie occurring most frequently.
(I 0) Dripline: An imaginary line extending perpendicularly down from the outer-most
branches of a tree.
(I 1) Excavation: The act of digging, cutting or scooping soil or in any way changing
the existing grade of the land.
(12) Hazardous: A danger by virtue of location and/or presence of defects.
( 13) Mitigation: Trees required to be planted on property to replace a percentage of
the trees removed during construction as defined in Section 23-17.3, or alternately,
funds deposited in the Tree Replacement Account.
(I 4) Municipal: Of or belonging to the City or it franchised agents.
(15) Open space: All areas of natural plant communities or areas replanted with
vegetation after construction, such as re-vegetated natural areas; tree, shrub, hedge
or ground cover planting areas; and lawns, and all other areas required to be
provided as natural ground and landscaping
( 16) Park: All public parks owned by the City.
(17) Positional conflict: By virtue of its location, the tree's drip line is encroached
upon by site alterations.
(18) Preserve area: Vegetative areas required to be preserved under the jurisdiction of
the Florida Department ofEnvironmental Regulation, St. Johns River Water
Management District and/or the United States Army Corps of Engineers or other
regulatory agencies.
( 19) Property owner: The person owning the property as shown in the County tax
roles.
3
Agenda Item 8D
January 22, 2018
(20) Protected tree includes all of the following:
(1) Private prote~ted tree: Any tree on private property with:
(A) with a dbh of six (6) inches or more located on any lot within
twenty(20) feet of a street right-of-way (including an approved
private street or other access easement) and 20 feet from the rear
lot line! or located within seven and one-half (7 -1/2) feet of any side
property line, or
(B) a tree with a dbh of twenty (20) inches or more located elsewhere
on a residential lot and a tree with a dbh of ten ( 1 0) inches or more
located elsewhere on a commercial or industrial lot.
(2) Public protected tree: Any tree located on lands owned by the City, or
other governmental agencies or authorities, or any land upon which
easements are imposed for the benefit of the City, or other governmental
agencies or authorities, or upon which other ownership control may be
exerted by the City, or other governmental agencies, or authorities,
including rights-of-way, parks, public areas and easements for drainage,
sewer, water and other public utilities, with:
(A) a dbh of six (6) inches or more located within a City or other
governmental right-of-way, or located on any parcel within twenty
(20) feet of a street right-of-way or rear parcel line, or located on
any parcel within seven and one-half (7-1/2) feet of any side
property line, or
(B) a dbh of ten ( 1 0) inches or more located elsewhere on the parceL
(3) Exceptional specimen tree means any tree which is determined by the
City Commission to be of unique and intrinsic value to the general public
because of its size, age, historic association, or ecological value or any tree
designated a Florida State Champion, United States Champion or World
Champion by the American Forestry Association. The City Clerk shall
keep a record of all specimen trees so designated and their location.
(21) Protective barrier: A man-made barricade to prevent disturbance ofthe tree's
growing environment.
(22) Public place: All grounds owned by the City.
(23) Razing: To scrape, cut or otherwise remove existing trees.
(24) Site alterations: Any manmade change, disturbance or damage to the existing
4
Agenda Item 8D
January 22, 2018
topography or trees.
(25) Street: The entire width of public right-of-way.
(26) Tree: Any self-supporting woody plant of a species which normally grows to an
overall height of a minimum of twelve (12) feet in this area.
(27) Tree removal: Any act causing the death and/or elimination of a tree.
(28) Tree Replacement Account: An account created by the City of Atlantic Beach to
be used exclusively for funding public tree planting projects including up to ten
percent (1 0%) of the cost for general landscape material. Donations to this
account shall be on a voluntary basis and may include monies donated per Section
23-16(13).
(29) Understory: Assemblages of natural low-level woody, herbaceous, and ground
cover species which exist in the area below the canopy of the trees.
(30) Unique or special characteristic: A tree ofunusual species, configuration, size,
age or historical background, including but not limited to a live oak, cypress or
magnolia tree of thirty (30) inches or more in DBH.
Sec. 23-17. Tree Protection
l. Applicability. The provisions ofthis section shall apply to all protected trees within the City,
unless specifically exempted herein.
2. Removal of protected trees prohibited; exceptions.
(a) No person, organization, society, association or corporation, or any agent or
representative thereof, directly or indirectly, shall cut down, remove, damage or
destroy, or shall authorize the cutting down, removal, damage, or destruction of
any protected tree, as defined ins. 23-16 (20) hereof, or shall commit any act or
authorize the commission of any act which physically removes a protected tree or
causes a tree to die, such as damage inflicted upon the root system by heavy
machinery, chemicals or paving, changing the natural grade above the root system
and tree damage permitting infection or pest infestation, without first having
obtained a permit as herein provided.
(b) The following protected trees are exempted from the provisions of this section:
(I) Any tree located on any property upon which either a single-family
dwelling or a mobile home on an individual lot is located unless a permit
for development, redevelopment, or renovation, valued at $10,000 or
5
Agenda Item 8D
January 22, 2018
more, is require, or anticipated within six months following tree removal;
(2) Any tree located in botanical gardens or in state-approved or government
nurseries and groves which are grown for sale or public purpose;
(3) Any tree that poses imminent danger to the public health, welfare or safety,
and requires immediate removal without delay. In such instances, verbal
authorization to remove a protected tree may be given by the Director
During the period of an emergency such as a hurricane, flood or any other natural
disaster, the requirements of this section may be temporarily waived by the
Director, so that private or public work to restore order in the City will in no way
be hampered.
3. Minimum tree standards
(a) Minimum tree standards shall apply to all lots effected by permitted development,
redevelopment, or renovation valued at $10,000 or more.
(b) Unless otherwise provided in this section, a minimum number oftrees shall be
planted or preserved upon each site, pursuant to the following standards which are
the minimum requirements for landscaping within the City of Atlantic Beach.
Trees shall not be placed where they interfere with site drainage or where they will
require frequent pruning in order to avoid interference with overhead power lines.
(I) Minimum tree planting requirements for all residentially zoned property
upon which either a single-family dwelling or a mobile home on an
individual lot is located or to be located: One (1) 4-inch caliper tree shall
be planted and/or preserved for every twenty-five hundred (2,500) square
feet oflot area, or portion thereof, excluding therefrom preserve areas and
water bodies. Preserving protected trees will offset this requirement.
(2) Minimum tree planting requirements for all non-residential zoned property
upon which either a single-family dwelling or a mobile home on an
individual lot is located:
(I) One (1) tree shall be planted and/or preserved for every eight
thousand (8,000) square feet of parcel area or portion thereof,
excluding therefrom preserve areas and water bodies in all
commercial districts, except as otherwise provided herein.
(ii) One (1) tree shall be planted and/or preserved for every ten
thousand ( 10,000) square feet of parcel area or portion thereof,
excluding therefrom preserve areas and water bodies in any
industrial district or public (government) use district.
4. Permit procedure and criteria for tree removal, relocation and replacement of protected
6
Agenda Item 8D
January 22, 2018
trees.
(a) Permits for site clearing and the removal or relocation of a protected tree shall be
obtained by filing an application. Approval of the application by the Tree
Conservation Board and issuance of a permit by the Director shall be required
prior to any land clearing or grubbing, prior to any disturbance of the root system
or site development, or prior to the occurrence of any changes to an existing
developed site. The site shall be inspected to insure compliance with the approved
site plan prior to any additional permits being issued. Applications for site clearing
and tree removal or relocation shall include the following:
( 1) A site plan, at a scale which clearly illustrates the requirements of this
section including the following:
(a) The lot configuration;
(b) The location and identification of existing and proposed improvements,
if any, including structures, water retention areas, paving, grade changes,
utilities, easements, and street rights-of-way or approved private streets;
The location and identity by botanical or common name and dbh, of
protected trees to be removed, relocated, or retained;
(d) The location ofpreserve areas;
(e) The location of ingress/ egress corridors and staging areas;
(f) The location of all temporary protective barriers;
(g) The location of all trees to be used for mitigation credit.
(2) a statement explaining why the protected tree is proposed to be removed or
relocated.
(b) An application for a permit for the clearing, removal or relocation of a protected
tree shall be reviewed as designated in 2a above and a decision shall be made
thereon within fifteen (15) working days after receipt of such application or by
agreement by both parties to a time frame.
Any person, organization, society, association, corporation or agent thereof who
intends to trim, prune, cut, disturb roots, or to destroy or remove any tree from a
public easement, public property or right-of-way shall obtain a permit from the
Director. All work shall be conducted in strict accordance with the National
Arborist Association Pruning Standards for Shade Trees, the An1erican National
Standards for Tree Care Operations (ANSI #Z133.l), and any additional
conditions of said permit. The City and its franchise agents are exempt from
obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree within a
public easement or right-of-way.
5. Mitigation criteria and procedures.
(a) Any relocation of trees in compliance with this section shall be performed in
accordance with accepted industry practices, including watering to insure survival
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Agenda Item 8D
January 22, 2018
oftransplanted stock. Transplanted trees must be guaranteed for at least one year.
(b) Protected trees identified for removal on the site clearing or tree removal pennit
application shall be replaced with new planted trees, unprotected trees or
transplanted trees. Protected oaks removed shall be replaced only with oaks. The
total caliper inches of replacement trees shall equal one half (Y:z) the total caliper
inches of protected trees removed; unless otherwise approved by the Tree
Conservation Board. Ifmulti-trunked trees are used as replacement trees, then the
total caliper of the four largest trunks shall equal the replacement caliper. New
palms may be used only to replace protected palms removed. No replacement will
be required for protected trees which are determined by the City to be dead or
deteriorated as a result of age, insects, disease, storm, fire, lightening or other acts
of nature.
(1) New replacement trees shall be a minimum ofFlorida Number One defined
in the most current edition of the Grades and Standards for Nursery Plants,
Part I and II, published by the Florida Department of Agriculture and
Consumer Services. Trees shall be a species having an average nature
crown spread of no less than thirty (30) feet in Northeast Florida. Trees
shall have a minimum two (2) inch caliper and a minimum often (1 0) feet
in overall height.
(2) Existing trees, three (3) inch caliper or greater, which are not protected
trees or transplanted, may be utilized to satisfy tree replacement
requirements, subject to the conditions stated in Section 23.17, 5.
(3) New, preserved non-protected, or transplanted oaks used as replacement
for removed protected oaks shall be four ( 4) inch caliper or greater.
(4) Existing protected trees which would otherwise be removed from the site
because of development, may be utilized to satisfy tree replacement
requirements iftransplanted to a location on the site which meets the
requirements of Section 23. 17, 5.
(5) If protected tree removal is associated with new development, the name,
size and location of all replacement trees shall be shown on the required
landscape plan and such trees shall be installed prior to the final building
inspection and issuance ofthe CO. Otherwise, the name, size and location
of the required replacement trees shall be shown on the site plan required
for site clearing or tree removal and such trees shall be installed within the
time limit stated on the site clearing or tree removal permit.
( 6) Existing non-protected trees, transplanted trees and new trees used for
replacement become protected trees.
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Agenda Item 8D
January 22, 2018
(7) Replacement trees shall be maintained by watering and guaranteeing the
tree for one year. Failure to maintain the trees shall be deemed a violation
of the Zoning Code.
(8) A tree used for replacement shall be at least ten (10) feet from any other
tree planted, transplanted or preserved.
(10) Ifthe applicant demonstrates to the satisfaction of the Director that the site
cannot accommodate the total number of required replacement trees as a
result of insufficient planting area, the applicant shall provide a monetary
contribution to the Tree Replacement Account. The amount of such
contribution shall be determined as follows: For every two (2) caliper
inches, or fraction thereof, of replacement trees which would otherwise be
required, the contribution shall be equal to the retail value of a planted two
(2) inch caliper nursery grown shade tree. The retail value shall be
calculated by taking the average of the median current wholesale price,
published by North Florida nurseries, for a container grown, and a balled
and burlaped two (2) inch caliper laurel oak, multiplied by two (2). The
retail value shall be recalculated and adjusted annually on October 1st.
6. Tree protection during development. All protected trees, preserved understory vegetation,
and trees retained for tree credit, pursuant to Section 23.17.5 hereunder, shall be protected from
injury during any land clearing or construction in the following manner:
(a) Prior to any land clearing operations, tree limbs which interfere with construction
shall be removed and temporary barriers shall be installed around all trees and
other understory vegetation to remain within the limits of land clearing or
construction and shall remain until the completion of the work. The temporary
barrier shall be at least three (3) feet high, shall be placed at least six (6) feet away
from the base of any tree, shall include at least 50 percent of the area under the
drip line of any protected tree or trees retained for tree credit pursuant to Section
23.17. 5, and the barrier shall consist of either a wood fence with two by four
(2x4) posts placed a maximum of eight (8) feet apart, with a two by four (2x4)
minimum top rail, or a temporary wire mesh fence, or other similar barrier which
will limit access to the protected area. Tree protection shall comply with the
guidelines in the Tree Protection Guide for Builders and Developers by the Florida
Division ofForestry and any other reasonable requirements deemed appropriate by
the Director to implement this Part.
(b) No materials, trailers, equipment or chemicals shall be stored, operated, dumped,
buried or burned within the protected areas. No attachment, wires (other than
protective guy wires), signs or permits shall be attached to a protected tree.
When removing branches from protected trees to clear for construction or pruning
to restore the natural shape ofthe entire tree, the guidelines in the National
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Agenda Item 8D
January 22, 2018
Arborist Association Pruning Standards for Shade Trees and the American
National Standards for Tree Care Operations (ANSI #2133.1) shall be followed.
Protected trees shall be pruned to remove dead or damaged limbs and to restore
tills natural shape and fertilized as necessary to compensate for any loss of roots
and to stimulate root growth. Any damage to tree crowns or root systems shall be
repaired immediately after damage occurs.
7. Enforcement; violations and penalties; stopping work, correction of violation;
assessment and recovery of civil penalties.
(a) Notice of violations. Whenever the Director has evidence that a violation of any
provision ofthls subpart has been or is being committed, he shall issue a written
notice or order upon the violator by personal service, certified mail or, by posting a
copy in a conspicuous place on the premises where the violation has occurred or is
occurring. The notice shall briefly set fot1h the general nature of the violation and
specifY the manner and a time withln which the violation shall be corrected.
(b) Stopping work. Failure to correct violations withln the time period set forth in
the Notice ofViolation, shall constitute grounds for the issuance of a Stop Work
Order. All work on the site shall be suspended until the violations have been
corrected.
Correction of violation. A violation of this ordinance shall be corrected as
follows:
( 1) By paying the permit fee due the City for the work, which permit fee shall
be twice the amount ofthe regular permit fee specified on the application
whlch would have been due had the permit been obtained prior to
commencing work, and by replacing the protected trees removed without a
permit with new planted trees, unprotected trees or transplanted trees. The
total caliper inches ofthe replacement trees shall equal the total caliper
inches of the protected trees removed. A tree replanting plan showing how
the damage caused to the site by the violation will be mitigated shall be
subject to the review and approval of the Tree Conservation Board and the
trees installed within the time limit stated on the permit. Replacement trees
shall meet the requirements of Section 23. 17.5, except that the minimum
caliper ofthe replacement tree shall be four (4) inches, and the plan shall
meet the requirements of Section 23.17.4, to the extent applicable; or
(2) By paying the permit fee due the City for the work, which permit fee shall
be twice the amount of the regular permit fee specified on the application,
whlch would have been due had the permit been obtained prior to
commencing work, and by making a contribution to the Tree Replacement
Fund to compensate for each replacement tree which is not planted. The
amount of such contribution shall be determined pursuant to the formula
10
Agenda Item 8D
January 22, 2018
described in Section 23.17, 5, b,(10);
(3) If the site has been cleared and the trees have been removed from the site
so that the Director is unable to determine with reasonable certainty the
number of protected trees removed in violation of this subpart, the
violation shall be corrected by paying a civil fine of up to $1.00 per square
foot of land cleared, which fine shall be assessed by the Code Enforcement
Board. The contributions and fines assessed under this subsection shall be
payable to the City immediately within seven (7) days after assessment. All
amounts received by the City pursuant to this subsection shall be deposited
in the Tree Replacement Account. No work shall continue on the site until
the tree replanting plan has been approved or the contribution and/or fine
has been collected.
(d) Appeals. A person aggrieved by an administrative order, determination or decision
of the Director may appeal the order, determination or decision to the City
Commission.
(e) Violation and penalties. A person who violates any provision of this section, and
fails to correct the violation as provided herein shall, upon conviction thereof, be
guilty of a violation of this ordinance and punished accordingly. A separate
offense shall be deemed to have been committed for each tree removed, damaged,
or destroyed contrary to the provisions ofthis ordinance.
(f) Judicial remedy. In addition to other remedies and notwithstanding the existence
of an adequate remedy at law, the City of Atlantic Beach may seek injunctive relief
in the Circuit Court to enforce the provisions of this section. The City shall be
entitled to reasonable attorney's fees and costs, including appellate fees and costs
in an action where the City is successful in obtaining affirmative relief.
Sec. 23-19. Tree Conservation Board.
(a) There is hereby created an administrative body to be known as the Tree Conservation
Board composed of five (5) citizens of the City. Each member shall be appointed and approved
by the City Commission. An ex officio member shall be an individual trained in arboriculture,
landscape architecture, forestry or some other closely related field.
(b) All members ofthe Board will serve without pay. The members shall be appointed as
follows: Two (2) for two (2) years and three (3) for three (3) years and serve until their
successors are duly appointed and approved by the City Commission. Successors to the original
members shall thereafter be appointed for terms of three (3) years. Vacancies caused by death,
resignation or otherwise, shall be filled immediately for the expired term in the same manner as the
original appointments are made. Members of the Board may seek reappointment but they shall
not serve more than two (2) consecutive terms.
11
Agenda Item 8D
January 22, 2018
Upon appointment and approval to the Board, the members shall meet and organize by
the election of a chairman and secretary. Rules and procedures shall be adopted for the holding of
regular and special meetings as the board shall deem advisable and necessary in order to carry out
its responsibilities.
(d) It is the intent that at least two (2) members of the Board, if possible, be engaged in a
business in the City.
(e) The Board shall:
( 1) Review applications for site clearing and removal and relocation of protected trees,
and render a decision on applications within 15 calendar days of receipt of said
application and prior to issuance of a permit by the Director as called for in this
Article.
(2) Require mitigation of protected trees as called for in this Article.
(3) Bring to the attention of the Director any violations ofthis Chapter and
recommend appropriate action toward enforcement and correction as provided in
this Chapter.
(4) Review and make recommendations to the Director on requests for modifications
of the standards of this Chapter.
(t) The Board shall hold public meetings twice monthly or at other times established by the
Board, to review applications and to discuss issues and projects relevant to its responsibilities.
(g) The Board shall review, approve or deny requests for tree removal as called for in
Section 23.17 and may require mitigation of trees removed. In determining mitigation
requirements the Board shall consider the following:
I. The existing tree canopy of the lot:
2. The tree canopy ofthe adjoining lots:
3. The topography of the lot:
4. The efforts of the applicant to minimize the loss of trees, through the size and
design ofthe structure:
5. The cumulative effects ofthe tree loss:
6. Tree removals will be consistent with the intent of this chapter and will not be
detrimental to the public welfare.
(h) The Board shall authorize or deny review, approve or deny requests for exceptions as
called for in section 23-25. The Board shall disseminate news and information to the public
regarding the protection, maintenance, removal and planting oftrees. The board shall prepare a
list of trees suitable for planting street rights-of-way, parks, and other public places and certain
private property as may be needed.
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Agenda Item 8D
January 22, 2018
Sec 23-22. Inspections.
The City shall have the authority to perform inspections of the subject property during
development for the purpose of ensuring compliance with this chapter. The applicant must pass
inspections before further work is performed on the project.
Sec. 23-25. Exceptions.
Requests for modification ofthe standards ofthis chapter shall be made to the Tree Conservation
Board. Upon receipt of such a request, the board shall thoroughly consider its merit and render a
decision within thirty (30) days. The request shall clearly and in detail state what modification or
exception is being sought and the reasons such a request is warranted. The Board may grant,
modifY or deny the request based on protection of the public's interest, preservation of the intent
of this chapter or possible unreasonable or unnecessary hardship involved in the case.
SECTION 2. Severability. If any section, sentence, clause, word, or phrase ofthis
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this Ordinance.
13
Agenda Item 8D
January 22, 2018
ORDINANCE NO. 5-17-64
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 23 OF THE ATLANTIC BEACH CODE OF
ORDINANCES; CREATING AN ENVIRONMENTAL STEWARDSHIP
COMMITTEE; PROVIDING FOR INTENT, PURPOSE,
MEMBERSHIP AND SCOPE OF ACTIVITIES OF SAID COMMITTEE;
CREATING A TREE SUBCOMMITTEE, PROVIDING FOR
MEMBERSHIP AND PURPOSE; PROVIDING FOR A TREE PERMIT
REVIEW AND APPEAL PROCESS; PROVIDING FOR SIX MONTH
REVIEW, CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Boards and Committees established by the Mayor and
Commission of the City of Atlantic Beach provide many valuable services to the
community by enlisting citizen volunteers to provide input and due consideration of
issues important to the citizens of our community; and
WHEREAS, the City of Atlantic Beach recognizes both the economic and
intrinsic value of its natural environment and the need to establish a committee to
help protect it; and
WHEREAS, dedicated and knowledgeable members of this committee will be
stewards of our environment, creating a legacy for future generations.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding a new section to be numbered Sec. 23-52, et seq., which
sections shall read as follows:
Sec. 23.52. Environmental Stewardship Committee-Intent.
The maritime forest in Atlantic Beach is core to the City's identity as a small coastal
village. The tree canopy creates beauty, provides a home for wildlife, functions as an
element of the water management system and enhances property values. It is in the
best interest for this committee to be the stewards of the tree canopy through
advocacy, assessment, maintenance, planting and preservation of this natural
resource. The City parks provide open spaces for recreation, exercise, wildlife habitat,
relaxation and encounters with the natural world. This committee intends to support
the community to provide a variety of park spaces that are well maintained,
accessible and secure. This committee shall take the lead and set high community
standards in the beautification and maintenance of public spaces located within the
City. The Atlantic Ocean, the St. Johns River and the Intracoastal Waterway have a
great deal of influence on the micro climate, drainage issues and the diverse
Agenda Item 8D
January 22, 2018
vegetation and wildlife that thrive within the City. The care and health of the coast
and marsh must be paramount in every recommendation made by this committee
about the use of our land, water system and tree canopy.
(a) Environmental Stewardship Committee Purposes.
It shall be the purpose of the Environmental Stewardship Committee:
(1) To study and make recommendations to the City Commission and City
staff with respect to the City's:
a. Maritime forest;
b. Parks and open spaces;
c. Beautification of public and private spaces; and
d. Environmental stewardship.
(2) To act as a motivating and coordinating body to encourage joint public
and private participation in promoting these purposes.
(b) Environmental stewardship committee -Scope of Activities.
The Environmental Stewardship Committee shall provide guidance and support to
the City Commission and City Manager and, upon request by the City Commission or
City Manager, shall provide written recommendations, in the following areas:
(1) Maritime Forest:
a. Clarifying and strengthening the City's processes and all tree and
landscape related city codes and ordinances;
b. Monitoring the appropriate administration and enforcement of the
City's ordinances;
c. Promoting transparency through online access to relevant
information;,
d. Developing and maintaining environmental education and
outreach programs about the maritime forest and relevant codes;
e. Promoting appropriate planting and care of trees on private
property to owners, developers, builders, and tree/landscape
service contractors;
f. Developing and maintaining a long-term tree plan that includes an
assessment of the tree canopy, projecting future needs, and
developing a calendar and budget for tree planting in parks, public
spaces and along streets and right of ways;
g. Promoting tree canopy advocacy including upholding the City's
status as a bona fide "Tree City USA";
h. Developing a process for systematic, review of the City's
enforcement of the existing tree codes, including the long-term
health of trees planted for mitigation; and
Ordinance No. 5-17-64 Page 2 of 10
Agenda Item 8D
January 22, 2018
i. Developing and maintaining a process for citizens to communicate
possible violations to the City.
(2) Parks and Open Spaces:
a. Developing and maintaining a long-range plan to protect, improve
and beautify park spaces;
b. Improving access to and amenities for parks including disability
accommodations, bike paths, parking, signage and other user
friendly features;
c. Expanding the City's inventory of parks and conservation land
through acquisition or other means; and
d. Maintaining a web-based, publicly accessible inventory of parks
including their history, archeological value, rules of use, deed
restrictions and conservation easements.
(3) Beautification of Public and Private Spaces:
a. Enhancing public spaces, including public rights of way, roadsides,
City buildings, beach accesses and other publicly held properties
with art, carefully maintained landscape design and plantings;
b. lncentivizing and advocating for beautification of private and
commercial spaces;
c. Reducing the number and appearance of degraded or blighted
properties; and
d. Developing a design theme/community branding for signage, bus
shelters, lighting and other elements of the built environment.
( 4) Environmental Stewardship:
a. Utilizing best practices, including a science based approach, when
making any decision about development and its impact on our
environment;
b. Protecting the beach, dunes, marshlands and wetlands as critical
defenses in hurricane, erosion and flooding conditions;
c. Communicating the dynamics of tidal drainage and floodplain with
the goal of preserving the City's flood management system;
d. Reviewing the City's environmental codes and ensuring
enforcement of rules including, but not limited to, dumping, septic
tanks and commercial pollution; and
e. Reviewing, updating and maintaining the Marsh Master Plan for
adherence to current research about sea level change and wetlands
preservation.
(c) Membership, Terms, Appointments, Geographic Requirements,
Composition.
Ordinance No. 5-17-64 Page 3 of10
Agenda Item 8D
January 22, 2018
(1) Membership. The Environmental Stewardship Committee shall be
composed of eleven members. A majority of the members of the
committee shall constitute a quorum.
(2) Terms. All members shall serve four-year terms, with the exception of
inaugural committee members. Members shall not serve more than two
consecutive terms on the committee. Three-year terms of the inaugural
committee members shall constitute a full term. In the event a vacancy
occurs and three years or more remain in the vacating member's term,
then the remaining time shall constitute a full term.
(3) Appointments. Except for the inaugural committee members,
committee members shall be selected by the Board Member Review
Committee and shall be confirmed by the Commission. The Commission
shall select the inaugural committee members as follows:
MEMBER REPRESENTATION APPOINTED BY
At Large Mayor (3 years)
At Large Mayor ( 4 years)
At Large Mayor (3 years)
District 1308 Resident Seat 2 Commissioner (3 years)
At Large Seat 2 Commissioner ( 4 years)
District 1307 Resident Seat 3 Commissioner (3 years)
At Large Seat 3 Commissioner (4 years)
District 1306 Resident Seat 4 Commissioner (3 years)
At Large Seat 4 Commissioner ( 4 years)
District 1312 Resident Seat 5 Commissioner (3 years)
At Large Seat 5 Commissioner ( 4 years)
( 4) Geographical Requirements. There shall be at least one member
representing each city district on the committee. Each committee
member must be a full time resident of the City or own real property in
the City. For the purpose of this section, full time residency shall be
defined as the person's principal place of abode. Any member must
immediately notify the City Manager and Chair in writing upon no longer
meeting these membership qualifications.
(5) Composition. To the extent possible, committee members should
demonstrate at least one of the following skills, experience, expertise,
educational background or interests:
a. Knowledge of best practices in environmental management and
sustainability;
b. Land development and building construction;
c. Urban planning and design;
d. Arboriculture and horticulture;
e. Landscape architecture;
f. Environmental policy;
g. Environmental and constitutional law;
Ordinance No. 5-17-64 Page 4 of10
Agenda Item 8D
January 22, 2018
h. Community engagement; and
i. Educational programming.
(d) Organization.
(1) The committee shall meet on the second Wednesday of each month.
Special meetings may be called by the Chair, provided at least 48 hours
notice is provided and that a majority of the members must agree to the
date and time. At its first regularly scheduled meeting each January, the
committee shall elect from among its members a chair, vice chair, and
secretary who shall assume their positions immediately upon election.
(2) The chair shall preside at all meetings of the committee. The vice chair
shall preside if the chair is absent.
(3) The committee shall be staffed at each meeting by a City staff member
appointed by the City Manager to act as the recording clerk. In addition,
the City Manager or his/her designee shall attend all committee
meetings.
( 4) Roberts Rules of Order shall be followed at committee meetings. The
committee may adopt, amend, and rescind procedural rules of the
committee to aid in implementing the provisions of this section. All
reports, studies, and recommendations made by the committee shall be
approved by the committee before the same may be presented to the City
Commission or City Manager on behalf of the committee.
(5) The committee shall establish a tree subcommittee in accordance with
Section (f) below. The committee may establish such other
subcommittees from among its membership as it deems necessary to
perform its activities. Subcommittees shall report on their progress to
the committee at such times as the committee shall require. All
committee and subcommittee meetings shall be open to the public and
are subject to Florida's Government in the Sunshine Laws.
(6) The committee's recording clerk shall keep minutes of the proceedings,
showing the vote of each member upon each question, or, if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately
filed in the office of the City Clerk and shall become a public record.
(e) Removal of members.
A member's position on the committee shall be automatically vacated if that member
has three (3) or more unexcused absences from committee meetings within a one
year period. The vacancy shall be promptly filled.
(f) Establishment of Tree Subcommittee, membership, terms.
(1) There is hereby established a Tree Subcommittee of the Environmental
Stewardship Committee, referred to in this subsection as the
subcommittee. The subcommittee shall systematically review tree
Ordinance No. 5-17-64 Page 5 of10
Agenda Item 8D
January 22, 2018
permits submitted to the City for completeness and to determine
compliance with the provisions of this Chapter 23 as more particularly
described in this subsection. The subcommittee shall consist of three
(3) members and one alternate member. The alternate shall serve in
the case of the absence of any of the 3 members. The members of the
Environmental Stewardship Committee may volunteer to serve on the
subcommittee and shall be appointed to the subcommittee by the
Environmental Stewardship Committee. All of the members of the
subcommittee shall be members of the Environmental Stewardship
Committee. The Environmental Stewardship Committee shall appoint
or remove the members of the subcommittee by a simple majority vote.
Filling vacancies shall take place at the next regular scheduled
meeting of the Environmental Stewardship Committee after a seat on
the subcommittee has become vacated. Members of the subcommittee
may serve for as long as they serve on the Environmental Stewardship
Committee.
(2) Organization of Tree Subcommittee.
a. The Environmental Stewardship Committee shall establish a
regular meeting schedule of the tree subcommittee. Unless
otherwise determined, the subcommittee's meetings shall meet
on the same date as the Environmental Stewardship Committee.
b. The administrator or designee shall attend all meetings of the
subcommittee. A city staff member designated by the City
Manager shall act as clerk for the subcommittee. The clerk shall
be responsible for the clerical administration of the
subcommittee. The clerk shall also be responsible for the
maintenance and preservation of all records of the subcommittee
in coordination with the City Clerk's office.
c. The subcommittee shall utilize the rules of the Environmental
Stewardship Committee. Robert's Rules of Order shall be followed
to conduct meetings. All meetings shall be open to the public. The
subcommittee shall keep minutes of the proceedings, recording
the vote of each member upon each question or if absent or failing
to vote, indicating such facts. It shall keep records of its
examinations and other official actions, all of which shall be
promptly filed with the City Clerk's office and shall become public
record. The subcommittee will operate in compliance with
Florida's Government in the Sunshine Laws.
(g) Systematic Permit Review and Appeal Process.
Notwithstanding any other permit review or appeal processes set forth in the
Atlantic Beach Code of Ordinances, the following permit review and appeal
Ordinance No. 5-17-64 Page 6 of10
Agenda Item 8D
January 22, 2018
procedures shall constitute the exclusive procedures regarding tree permits in the
City of Atlantic Beach.
(1) Initial Review Period.
a. The administrator shall upload all tree permit applications
to the City's website within three (3) business days of being
deemed sufficient in accordance with Section 23-23 of this
Code, and ready for site inspection in accordance with
Section 23-24. The initial site inspection by the
administrator may occur no earlier than the fourth ( 4U 1)
business day after the complete permit application has been
uploaded to the City's website.
b. The subcommittee may review any tree permit applications.
c. Each member of the subcommittee may independently
review any tree permit applications that include the removal
of more than 50% of the total inches of the diameter at
breast height (DBH) of regulated trees on any property.
d. Each member of the subcommittee may independently
review any tree permit applications that include the removal
of one or more legacy tree(s) on any property.
e. One member of the subcommittee may accompany the
administrator on the initial site inspection as an observer.
The subcommittee member must make the request to attend
the initial site inspection as an observer within three (3)
business days of the permit being uploaded to the city's
website. The subcommittee member shall not interact with
the property owner or the property owner's agents during
the site inspection and shall stay in the vicinity of the
administrator during the inspection. The subcommittee
member shall be provided 24 hours notice prior to the time
of the site inspection. If multiple requests are made by
subcommittee members to accompany the administrator on
the initial site inspection, the administrator shall select the
first subcommittee member who submits a request in
writing.
(2) Issuance, Review and Appeal Procedures of a Permit.
a. When the administrator's application review process and
inspection have been completed, the administrator shall
distribute a notice of intent to issue tree permit to the
applicant and all members of the subcommittee, including
the alternate member and upload the draft permit to the
City's website. Within five (5) business days after the
distribution of the notice of intent, the applicant, any
member of the subcommittee or any "adversely affected
party" as defined in Section 24-17 may place a hold on the
Ordinance No. 5-17-64 Page 7 of10
Agenda Item 8D
January 22, 2018
permit by providing written notice to the administrator
requesting further review. This notice shall include the
rationale to support the request for further review. ff no
notice is filed, the permit shall be effective after the
expiration of the five (5) business day notice period.
b. Should a written notice be timely filed, within five (5)
business days after a notice is filed with the administrator,
the administrator shall place the matter on the agenda, with
proper notice, of the next available regularly scheduled
subcommittee meeting.
c. The subcommittee shall review the draft permit for
compliance with the requirements of this Chapter 23 and
shall, by majority vote, recommend that the administrator
approve, approve with conditions or deny the application.
The administrator shall issue or deny the permit within five
(5) business days after the subcommittee meeting. The
applicant or any member of the subcommittee or any
"adversely affected party" who submitted written comments
to the subcommittee prior to the meeting or made a
presentation to the subcommittee during the meeting, may
file a written notice objecting to the permit within five (5)
business days from the date of permit issuance stating the
alleged reasons the permit does not comply with the
provision of this Chapter 23. The permit issued by the
administrator shall not be effective until this 5-business day
notice period has expired.
d. Should a written notice be timely filed, the draft permit shall
be placed on the next available Community Development
Board agenda. The Board's review shall be de novo. The
Board shall determine whether the draft permit complies
with the provisions of this Chapter 23. The Board may issue,
deny or modifY the draft permit. All notice requirements for
"variances" set forth in Section 24-51 (c) (2) shall apply to the
hearing on said contested tree permit.
e. The decision by the Community Development Board shall be
final unless the applicant or an "adversely affected party"
who submitted written comments to the Board prior to the
Board meeting or made a presentation to the Board during
the meeting files a written appeal of the Community
Development Board decision to the City Commission within
fifteen (15) days of the Board's decision, with the City Clerk,
together with a $500.00 filing fee. Where the Community
Development Board approves a tree permit, the subject tree
permit shall not be effective until the 15-day appeal period
has expired. Said written appeal must set forth the alleged
reasons that the Community Development Board's
Ordinance No. 5-17-64· Page 8 of 10
Agenda Item 8D
January 22, 2018
determination does not comply with the provisions of this
Chapter 23. The Commission's review shall be de novo and
the notice requirements for "variances" set forth in Section
24-51( c)(2) shall apply. The Commission may confirm,
overturn or modify the Community Development Board's
action. The action of the Commission shall constitute final
action of the City. Where the Commission approves a tree
permit, the permit shall not be effective until any applicable
judicial appeal period has expired.
SECTION 2. SECTION 23-23 PERMIT PROCEDURES.
Section 23-23 (d) (1) of the Atlantic Beach Code of Ordinances is hereby deleted
in its entirety and the following new section 23-23(d)(1) is hereby adopted:
(1) Time for Review. Once an application has been deemed sufficient, the
administrator shall conduct a full compliance review of the application and issue a
notice of intent to issue a tree permit to approve or approve with conditions, or deny
the application in accordance with the procedures set forth in Section 23-52(g)
hereof.
SECTION 3. SECTION 23-25 APPEALS.
A. Section 23-25(a) of the Atlantic Beach Code of Ordinances is hereby deleted in
its entirety and the following new Section 23-25(a) is hereby adopted:
(a) Procedures to file appeals. Appeals and written notices objecting
to decisions regarding tree permits issued under authority of this
chapter shall be made in accordance with the provisions of
Section 23-52(g) hereof.
B. Section 23-25(b) of the Atlantic Beach Code of Ordinances is hereby deleted in
its entirety and the following new Section 23-25(b) is hereby adopted:
(b) Stay of work. Any appeal to the City Commission filed pursuant to
Section 23-52(g) shall stay all work on the premises and all
proceedings in furtherance of the action appealed, unless the
appropriate administrative official certifies that a stay would
cause imminent peril to life or property.
SECTION 4. SIX MONTH REVIEW.
Approximately six months after the creation of the Environmental
Stewardship Committee and Tree Subcommittee, the City Manager and tree
administrator, working with the Committee Chair, shall present a six-month
review /assessment to the City Commission.
Ordinance No. 5-17-64 Page 9 of10
Agenda Item 8D
January 22, 2018
RESOLUTION NO. 17-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPOINTING THE INAUGURAL
MEMBERS OF THE ENVIRONMENTAL STEWARDSHIP COMMITIEE; PROVIDING TERMS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission recognizes the economic and intrinsic value of the City of Atlantic
Beach's natural environment; and
WHEREAS, the City Commission has recognized the need to establish a committee to help in
protecting the City's natural environment; and
WHEREAS, the City Commission has adopted Ordinance No. 5-17-64, creating the Environmental
Stewardship Committee and providing for membership on the Committee; and
WHEREAS, the City Commission now desires to appoint the inaugural members of the
Environmental Stewardship Committee and establish the terms for the inaugural members on the
Committee, all in accordance with Ordinance No. 5-17-64.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH:
SECTION 1. Inaugural Members and Terms. The following persons are hereby appointed to serve
as the inaugural members of the Environmental Stewardship Committee, for the terms to begin upon
passage of this Resolution and ending on the dates as shown below:
a. Mayor Reeves appointees (all"at large"):
1. Judith Leroux-four year term ending December 31, 2021;
2. Bonnie Hansen-three year term ending December 31, 2020; and
3. Linda Chipperfield-three year term ending December 31, 2020.
b. Commissioner Harding appointees:
1. Dawn Scott-District 1312 resident, three year term ending December 31, 2020;
and
Agenda Item 8D
January 22, 2018
Caffey, Russell
'1J( L £~ 'ft~':J :f
v1 .11J.I/
From:
Sent:
To:
Cc:
Subject:
John ,
Caffey, Russell
Thursday, July 20, 2017 11:06 AM
Public Tru st Law
john@publictrustlaw.org ; Hogencamp,Kevin
Re : Tree Fund Reconciliation update
I provided and update to every bull et po int below. I will have results for you by th e end of the day.
I . Interview staff and ga in an understanding of the different ways payments arc required to
go .int o the tree fund. -RJC upd ate The Deputy Fin ance Director a nd I interviewed Building
Department staff and Commun ity Development staff.
2. Id ent ify the population of documents that cou ld be used as so urce documentation for
T r e~; Fund Charges. RJC update-we have a 3 folders that have Tree Per·mits in th em.
3. Develop a plan fo r s taff to investigate the source doctm1entation (I am assuming permits)
-RJC update-Testing-the Deputy Director of Fin ance is testing 20% of the population and
comp iling a matrix document that will conta in a ll pertinent Testing information. When she has
comp leted her testing the Di rector of Finance will complete th e testing by tracing the
"m itigation" amo unts to the COAB GL.
4. Reconcile all differences discovered during testing and make appropriate journal en tries
to the fund. RJC update-Director of Finance wi ll make reconciling entries and begin talks
regarding th e need for add ition al testing.
Agenda Item 8D
January 22, 2018
Address Applicant
1 1748 Ocean Grove Drive Ray, Terri
2 1433 Beach Avenue Bosco, Todd
3 54 East Coast Drive Ahern TH Project
4 115 Donner Street Donner CDL
5 132 Belvedere Street LeBlanc, Daniel
6 157 Belvedere Street Burch, Bob
7 195 15th Street Ossi, Jack
8 255 Pine St Bottom Line Ventures
9 298 Aquatic Dr Sunrise Community Church
10 306 12th Street Tousey, Clay and Tracy
11 317 East Coast Dr Ossi, Jack
12 328 5th Street Paulk, Joseph
13 333 2"d Street Ossi, Jack
14 340 8th Street Armour Construction
15 352 8th Street Phillips, Mike
16 355 6th Street Bosco Building Contractors Inc.
17 359 8th Street Frisch, Ben and Pat
18 363 12th Street Williams, Rex
19 365 8th Street Frisch, Ben and Pat
20 384 1'' Street Marco, Julie
21 395 12th Street Forsyth, Alison
22 398 11th Street Lindley Tolbert Design
23 587 Beach Ave Aurora Custom Homes
24 645 Ocean Blvd lndriolo, Joe
25 720 Paradise Ln Springfield Builders
26 730 Paradise Ln Springfield Builders
27 731 Paradise Ln Springfield Builders
28 831 Beach Ave Puttbach, Edwin
29 967 Camelia St Patrick
30 1101 Begonia St Ramano, Daniel
31 1157 Violet Street Martin, Kevin
32 1201 Gladiola St Putnal, Scott
33 1320 East Coast Dr Riddleber, Matthew and Wilkes, Maria
34 1390 Begonia St Martin, Kevin
City of Atlantic Beach
Tree Mitigation Testing
July 19, 2017
Permit Number
Status
Mitagation Total Check Number (Paid/Unpaid}
XXXX-XXXX 784.00
TRE£17-0005 -
16-DRTV-XXX 7,257.00
15-DRTV-1041 -
16-DRTV-XXXX -
15-DRTV-1029 -
15-DRTV -1015 -
15-DRTV-1047 678.00
15-DRTV-1033 -
14-DRTV-1004 294.00 Paid
15-DRTV-XXXX -
16-DRTV-XXXX -
15-DRTV-1038 -
16-DRTV-181 -
15-DRTV-XXXX 16,046.00
14-DRTV-XXXX -
TREE 14--
16-DRTV-177 11,808.00
TREE 14-00100037 7,684.00
15-DRTV-XXXX -
16-DRTV-65 RIW 1,322.25
15-DRTV-1001 563.50 2526 Paid
15-DRTV-1008 -
17-TC-437 RIW 406.00
16-DRTV-93 676.50 3315 Paid
16-DRTV-89 645.75 3315 Paid
15-DRTV-1018 621.50 2945 Paid
15-DRTV-XXXX -
17-DRTV-493 3,132.00 1421 Paid
16-TR-2781 11,368.00
16-DRTV-XXXX 1,199.25
16-DRTV-249 -
16-DRTV-XXX 3,136.50
15-DRTV-1031 508.50
Amount Paid Date
294.00 A-10
I
I
I
563.50 1/8/2015 A-20
676.50 7/26/2016 A-30
645.75 7/26/2016 A-30
621.50 3/31/2015 A-40
3,132.00 5/2/2017 A-50
Agenda Item 8D
January 22, 2018
Address Applicant
35 1475 Beach Ave Corral, Anthony
36 1588 Ocean Blvd Ossi Development
37 1629,1631 Beach Avenue Pfotenhauer, Nancy
38 1795 Mayport Road Beaches Habitat
39 1865 Live Oak Ln Weber, Nick
40 2349 Seminole Reach Ct Riverside Homes
--------------
City of Atlantic Beach
Tree Mitigation Testing
July 19, 2017
Permit Number
Status
Mitagation Total Check Number (Paid/Unpaid)
15-DRTV-XXXX R/W 171.50
15-DRTV-XXXX -
17-TR-477 464.00
15-DRTV-1003 R/W -
17-DRTV-489 933.00
15-DRTV -)063_ 7,119.00 2693 Paid
~--~~-
Amount Paid Date
7,119.00 8/22/2016 A-60
Agenda Item 8D
January 22, 2018
PREPARED 06/26/2017, 10:27:31
PROGRAM GM360L
GROUP PO
DESCRIPT,ION NBR NBR
15-DRTV-1073-TREE FUND 839
15-DRTV-1074-TREE MITI 839
15-DRTV-1001-TREE REMO 2835
14-DRTV-1004-TREE REMO 3886
ACCOUNT ACTIVITY LISTING
FISCAL YEAR: 2013 THRU: 2017
CITY OF ATLANTIC BEACH
ACCTG ACTION -YTD/CUR TRANSACTION
PER. 0 DATE NUMBER ENCUMBf AMOUNT
16-Mar AJ 12/18/2015 68840 T1 9,077.40
16-Mar AJ 12/18/2015 68842 T1 508.50
16-Sep AJ 6/16/2016 70114 T1 563.50
15-Dec AJ 9/18/2015 67930 T1 294.00
10,443.40
A
Agenda Item 8D
January 22, 2018
}roup number .
~ccounting period
'osting date .
~ransaction information:
Transaction date
Document number
Account number
Project number
Debit amount .
Credit amount
Description 1
Description 2
Transaction type code
Bank code
,ress Enter to continue.
Adjusting Journal Transaction
tree fund recon 2861
09/2017
06/26/2017
06/26/2017
mm/yyyy
mm/dd/yyyy
mm/dd/yyyy
15:39:38
112-0000-366.00-00 CONT/DONATIONS PRV SOURCE
0
.00
10,443.40
~3=Exit Fl2=Cancel FlS=Group Inquiry F20=Imaging
Agenda Item 8D
January 22, 2018
Account Inquiry 15:40:21
Period: 09 Group type: AJ User ID: ATLBRJC liscal year : 2017
}roup number: 2861 Group date: 06/26/2017 Group count: 4
>osition to . Starting Transaction Number Status: UPDATED
~ype selections, press Enter.
1=Select 9=Drill down
Opt Tran # Account Number
100
200
300
400
1-0000-172.00-00
800-0000-290.01-00
112-0000-172.00-00
800-0000-290.10-19
1-0000-329.10-05
112-0000-366.00-00
1-0000-104.00-00
112-0000-104.00-00
~12=Cancel F9=View Description
~13=Account Number Sequence
DEBIT
10,443.40
10,443.40
10,443.40
10,443.40
CREDIT
10,443.40
10,443.40
10,443.40
10,443.40
Agenda Item 8D
January 22, 2018
PREPAR ED 06/23/2017, 14:26:41 ACCOUNT ACTIVITY LISTING PAGE 1
PROGRAM GM360L FISCAL YEA R: 2012 THRU : 2017
CITY OF ATLANTIC BEACH
GROUP PO ACCTG ACTION --YTD/CURR ENT YTD/CURR ENT TRANSACTION CURRENT
NBR NBR PER. CD DATE NUMB ER DESC RIPTION ESTIM/APP RO P ENC UMBRANCE AM OUNT BALANCE
827 1S·Mar CR 12/11/2014 16421 PERMIT 1114-DRTV-101200 $ 1,519.00
1083 lS·Apr CR l/8/2015 22753 lS.DRTV-1019 563 su A
1095 15-Apr CR 1/9/2015 228119 13·001100100 2050 BEACH 833 .00
1 28~ 16-May CR 2/2/2016 29772 TREE MITIGATION 365 8TH 6,667 .00
1351 16-May CR 2/8/2016 30846 255 PINE ST 847,50
1590 15-May CR 2/23/2015 33294 15-DRTV-1007 392.00
1744 15·J un CR 3/9/2015 36758 PERMITII1 5DRTV·1011 735.00
1940 14-Jul CR 4/1Q/2Q14 45660 28"X $49.PER INCH 1,372.00
1998 15·Ju n CR 3/31/2015 42666 PERMITII 15-DRTV·1018 621 .50 A
2237 17·Aug CR 5/2/2017 52216 PERMIT U17·DRTV·493 3,132.00 A
2316 15-Jul CR 4/29/2015 49788 PERMITIIlSORTV-1017 1,469.00
2450 17·Aug CR S/18/2017 56890 17-DRTV -453 290.00
2710 17-Sep CR 6/9/2017 61812 TREE17 ·0007 2,233.00
3266 16·0ct CR 7/27/2016 72416 16DRTV93 AND 16DRTV89 1,322.25 A
3314 15·0ct CR 7/28/2015 71202 PERMIT 15-DRTV-1046 395 .50
3323 12·Nov CR 8/3/2012 7~315 12·00100026 877.50
3473 15·Nov CR 8/11/2015 73635 PERMIT 1115-DRTV-1052 254.25
3560 16-Nov CR 8/22/2016 79097 PERMIT 1115·DRTV·l 063 7,119.00
3582 14-Dec CR 9/9/2014 81605 TREE IVIITIGI\TION FOR 1515 2,352.00
4:169 13/15 AJ 9/30/2015 j700.00)
Account" 112·0000.366.00·00 Total · M ise Revenue/Contributions/Do nations $ 32,295.00
Agenda Item 8D
January 22, 2018
Date prepared:
Deposit Date:
Prepared by:
Payment
Type
Code
TR
Cash
Receipt
Number
Revised: 04/29/09
15-DRTV-1019
City of Atlantic Beach
Offsite Payment Form
01/08/15
01/08/15
J.WALKER
Description
GL Account or
Accounts Receivable
Number
112-0000-366.00-00
Total Deposit
Cash
ACH
Checks
Money Orders
Total
Deposit
Amount
563.50
563.50
563.50
563.50
0:\Financelfinance forms\Offsfte Paymenlsi{Offslte Payment Form-Tree Fund.x!s)Tree Fund
Oper: ATLBRJA Type: OC Dra•Jer; 1
Date: l/08/15 00 Receipt no: 22753
TR TREE 11lTlGATlON DONRTIOW;
1.00 !563.50
11200003560000
15-DRTV-1019
G( CHECI(
Trans date: 1/08/15
2526 $553.50
Time: 16:15:2'1
Agenda Item 8D
January 22, 2018
PREPARED 06/23/2017,14:26:41 ACCOUNT ACTIVITY LISTING PAGE 1
PROGRAM GM360L FISCAl YEAR : 2012 THRU : 2017
CITY OF ATLANT IC BEACH
GROUP PO ACCTG ACTION ···· VTO/CURRENT VTO/CURRENT TRANSACTION CUrt RENT
NBR NBR PER. CD DATE NUMBER DESCRIPTION ESTIM/APPROP ENCUMBRANCE AMOUNT BALANCE
827 15·Mar CR 12/11/2014 164 21 PERMIT 1114-DRTV-101200 $ 1,519.00
1083 15-Apr CR 1/8/2015 22753 15-0RTV-1019 563.50 A.
1095 15-Apr CR 1/9/2015 22849 13·001100100 2050 BEACH 833.00
1284 16-May CR 2/2/2016 29772 TREE MITIGATION 365 8TH 6,667 .00
1351 16-May CR 2/8/2016 3084 6 255 PINE ST 847.50
1590 15-May CR 2/23/2015 332 94 15 ·DRTV·1007 392 .00
1744 1S·Jun CR 3/9/2015 36758 PERMITII15DRTV -1011 735.00
1940 14 -Jul CR 4/10/2014 45660 28 "X $49.PER INCH 1,372.00
1998 15-J un CR 3/31/2015 42666 PERMIT tllS-ORTV-10 18 62 1.50 1\
2237 17·Aug CR 5/2/2017 52216 PERMIT 1117-DRTV -493 3,132.00 A
2316 15-.lul CR 4/29/2015 49788 PERMITIIl SORTV-1017 1,469.00
2450 17-Aug CR S/18/2017 56890 17·DRTV ·453 290 .00
2710 17-Sep CR 6/9/2017 61812 TflEE17 ·0007 2,233.00
3266 16·0ct CR 7/27/2016 72 416 160RTV93 AND 160RTV89 1,322 25
3314 15·0ct CR 7/28/2015 71202 PERMIT lS·DRTV-10116 395.50
3323 12·Nov CR 8/3/2012 74315 12-00100026 877.50
3473 15·Nov CR 8/11/2015 73635 PERMIT 1115-0RTV-1052 25 4.25
3560 16-Nov CR 8/22/2016 79097 PE RMIT 1115·DRTV·1063 7,119.00 II
3582 14·Dec CR 9/9/2014 81605 TfiEE MITIGATION FOR 1515 2,352.00
4169 13/15 N 9/30/2015 poo.oo)
Acco unt U 112•0000·366.00·00 Total · Mise Revenue/Contrlbutlon$/Donatlons $ 32,295.00
Agenda Item 8D
January 22, 2018
PREPARED 06/23/2017, 14:26:41 ACCOUNT ACTIVITY LISTIN<.l PAG E 1
PROGRAM GM360l FISCAL YEAR : 2012 THRU : 2017
CITY OF ATLANT IC BEACH
GROUP PO ACCTG ACTION ----YTD/CURRENT YTD/CURRENT TRAN SACTIO N CURRENT
NBR NBR PER. co DATE NUMBER DESCRIPTION ESTIM/APPROP ENCUMBRANCE AMOUNT BALANCE
827 15-Mar CR 12/11/2014 1611 21 PERM IT ff t 4-0RTV•l01200 $ 1,519.00
1083 15-Apr CR 1/8/2015 22753 15-0R TV-1019 563.50 A
1095 15 -Apr CR l/9/2015 22849 13·001100100 2050 BEACH 833.00
1284 16-May C:R 2./2/2016 29772 TR EE M ITIGATION 365 8TH 6,667 .00
1351 16-M ay CR 2/8/2016 308 46 255 PINE ST 8117 .50
1590 15-M ay CR 2/23/2015 33294 15·DRTV· ~007 392.00
171111 15·JUr1 C:R 3/9/2015 36756 PERM ITIIlSDRTV -1011 735.00
1940 14-Jul C:R 4/10/2014 45660 28 "X $49.PER INCH 1,372.00
1998 15-Jun C:R 3/31/2015 42665 PERMITIIl S-DRTV-1018 62 1.50 A
2237 17-Aug C:R 5/2/2017 522 16 PERMIT 1117-0RTV -493 3,132.00 " 23 16 15 -Jul CR 4/29/2015 49788 PERM ITN15DRTV·;L017 1,469.00
2450 17·Aug CR 5/18/2017 5 6890 17-DRTV-45 3 290.00
2710 17-Sep CR 6/9/2017 6181 2 TREE17-0007 2,233 .00
3266 16-0ct CR 7/27/2016 72416 16DRTV93 AND 160 RTV89 1,322 .25 A
3314 15·0ct CR 7/28/2015 71202 PERMIT 15-DRTV-1046 395.50
3323 12-Nov CR 8/3/2012 743 15 12·00100026 877.50
3473 15-Nov CR 8/11/2015 7363 5 PERM IT U15·DRTV-10S2 254 .25
3560 16-Nov CR 8/22/2016 79097 PERMIT U15-DRTV-1063 7,119.00 A
3582 14-Dec CR 9/9/2014 81605 TREE M ITIGATIO N FO R 1515 2,352.00
41 69 13/15 N 9/30/2015 !700.001
Account II 112·0000..366.00•00 Total -Mise Revenue/Conttlbutlons/Donatlo!1S $ 32,295.00
Agenda Item 8D
January 22, 2018
PREPARED 06/2!3/2.017, 14:26:41 ACCO UNT ACT IVITY LISTING PAGE 1
PROGRAM GM360L FISCAL YEAR: 2012 THR U: 201 7
CITY OF ATLAN TI C BEACH
GRO UP PO ACCTG ACTION ·-YT D/CURRENT YTD/CURR ENT TRANSACTION CURRENT
NBR NB R PER. CD DATE NUMBER DESCRIPTION ESTIM/APPROP ENCUMBRAN CE AMOUNT BALANCE
827 15-Mar CR 12/11/2014 1642 1 PERMIT U 14-DRTV-101200 $ 1,519.00
1083 15·Apr CR 1/8/2015 22753 1S·DRTV·1019 563.50 A
1095 15·Apr CR 119no1s 22849 13-001100100 2050 BEACH 833 .00
1284 16-May CR 2/2/2016 29772 TREE MITIGATION 365 8TH 6,667.00
1351 16·M ay CR 2/B/20l6 308116 255 PINE ST 847 .50
1590 15-May CR 2/23/2015 33294 15-DRTV-1007 392.00
1744 15-Jun CR 3/9/2015 36758 PERMIT#lSDRTV-1011 735.00
1940 14-Ju l CR 4/10/2014 45660 28"X $49 .PER INCH 1,372.00
199S 15-Jun CR 3/31/2015 42666 PERM ITII15·DRTV-101 8 621.50 1\
2237 17-AUg CR S/2/2017 52216 PERM IT 1117·DRTV·493 3,132.00 A
2316 15-Ju l CR 4/29/2015 49788 PERM ITIIlSDR TV-1017 1,469.00
2450 17-Aug CR 5/18/2017 568\)0 17·DRTV·4S3 290.00
2710 17·Sep CR 6/9/2017 61812 TkEE17-0007 2,233.00
3266 16-0ct CR 7/27/2016 721116 16DRTV93 AND 15DRTV89 1,322.25 1\
3314 15-0ct CR 7/28/2015 71202 PE RMIT 15·DR TV·1046 395.50
3323 12-NoV CR 8/3/2012 74315 12-00100026 877.50
3473 15-Nov CR 8/11/2015 73635 PE RMIT 111S·DRTV-j052 2S4.2S
3560 16·Nov Cf1 8/22/2016 79097 Pe11MIT lllS-DRTV-10G3 7,119.00 " 3582 14-0ec CA 9/9/2014 81605 TREE M ITIGATION FOR 1515 2,352.00
4159 13/15 AJ 9/30/2015 !700.001
Acco unt 11112-0001).366.00-00 Tota l -Mise Revenue/Contributions/Donations $ 32,295.00
Agenda Item 8D
January 22, 2018
PREPARED 06/23/201?, 14:26:41 ACCOUNT ACTIVITY LISTING PAGE 1
PROGRAM GM360L FISCAL YEAil: 2012 THRU : 2017
CITY OF ATLANTI C BEACH
GROUP PO ACCTG ACTION ···· VTO/CURRENT VTD/CUR RE NT TRANSACTION CUR RENT
NBR NBR PER. CD DATE NUMBER DE SCRIPTION ESTIM/APPROP ENCUMBRANCE AMOUNT BALANCE
827 1S·Mar CR 12/11/2014 16421 PERMIT II 14-DRTV-101200 $ 1,519.00
1083 15·Apr CR 1/8/2015 22753 15·DRTV·1019 563.50 A
:1,09~ 15·Apr CR 1/9/2015 n849 13-001100100 2050 BEAC H l\33.00
1284 lG·May CR 2/2/2016 29772 TREE M ITI GATION 365 8TH 6,66?.00
1351 16·May CR 2/8/2016 30846 255 PINE ST 84?,50
1590 15-May CR 2/23/2015 33294 1S•ORTV·1007 392.00
1744 15-Jun CR 3/9/2015 36758 PE RMIT#l.SORTV·1011 735.00
1940 14 -Jv f Cf1 4/10/2014 45660 28")( $49.PER INCH 1,372.00
1998 15-Jun CR 3/31/2015 42666 PERM I1'#15•DRTV-1018 621.50 " 22.37 17-Aug CR 5/2/2017 52216 PERM IT 1117·DRTV·il93 3,132.00 A
2316 15-Jul CR 4/29/2015 49788 PE RMITII1SORTV·1017 1,469.00
2450 17-Aug CR 5/18/2017 56890 17-0RTV-453 290.00
2710 17-Sep CR 6/9/2017 61812 TREE17·0007 2,233.00
3266 l~Oct CR 7/27/2016 72416 16DRTV93 AND l60RTV89 1,322.25 1\
3314 15-0ct CR 7/28/2015 71202 PERM IT 15·DRTV·104 6 395.50
3323 12·Nov CR 8/3/2012 74315 12-00100026 877.50
3473 15-Nov CR B/11/2015 73635 PERM IT 1115-DRTV ·1052 254.25
3560 16-Nov CR B/22/2016 ?9097 PERM IT 1115·DRTV·1063 ?,119.110
3582 14·0ec CR 9/9/2014 81605 TR EE MITIGATION FOR 1.515 2,352.00
4169 13/15 AJ 9/30/2015 (7 00.00)
Account II 112-0000·366.00-00 Total · Mise Reve nue/Contributions /Donations s 32,295.00
Agenda Item 8D
January 22, 2018
'•,
Date prepared:
Deposit Date:
Prepared by:
Payment
Type
Code
TR
Cash
Receipt
Number
Revised: 04/29/09
City of Atlantic Beach
Offsite Payment Form
08/22/16
08/22/16
Gmackey
Description
Permit #15-DRTV-1063 for
2349 Seminole Reach Ct.
For Tree Mitigation On Site
PAID CK #2693
GL Account or
Accounts Receivable
Number
112·0000-366.00-00
Total Deposit
Cash
ACH
Checks
Money Orders
Total
Deposit
Amount
$7,119.00
$7,119.00
$7,119.00
$7,119.00
H:\Piannlng & Zoning\ Tree Mitigation-Offsite Payment Forms Submltted\2016\[0ffsite Payment Form-Tree Fund 16-DRTV-93 720 Paradise Ln
Oper: ATLBBJR Type: OC Drawer: 1
Date: 8/22/15 00 Receipt no: 79097
TR TREE MITIGATION DONATIONS
1.00 $7119.00
11200003550000
PERMIT #15-DRTV-1063
C~ CHECK 2693 $7119.00
Trans date: B/22/16 Time: !q;o7:39
Agenda Item 8D
January 22, 2018
Q ~ T PC 49 Donn e r Rd
~ '1 TPC 55 Donn er Rd
Q"'i) TP C 75 Sara t oga Circle So uth
If~ TPC 171 Club Driv@
~ TPC 21 0 Maypo rt Road
Qi]l T PC 309 Mag no lia Stre~t revised
rllJ TPC 309 Mag nolia Street
$ ~ TPC 325 4th St reet
f1J TPC 325 Co untry C lub La n e
QlJ TPC 340 Oc:ean Blvd Revi~ed
f;} T PC 340 Oc:ean Blvd.
Q 'j TPC 349 10th St reet {2 )
f~ T PC 3491Dth St reet
Q 1~ T PC 480 West 1 4t h Street
TPC 600 Jasmine Ro ad
rfJ T PC 645 Atlant ic: Bo ulevard
If) TP C 778 Vec u nao Roa d
Qll TP C 957 East Coast Drive
Q!ll TPC 1280 West P laza
Qk1 TPC 1433 Beac h Avenue
QNl TPC 1600 W Park Te rrace
Q1fl TPC 1629-1631 Beach Ave,ue
~ TPC 1695 Stlvll Marina 2
if~ TPC 1755 Be11c h Avenue
If,;] TPC1840 Selv a Grand e Drive
-, TPC tan Bea c h Aven ue
~ TP C1991 Mipaula Court revised
fn TPC 1991 Mipaula Co u rt
QJl TPC 2002-2004 Lakeview Cou rt
Q:} TPC 2133 Se mino le Road
Mltagatlon Tota l Check Number Status (Paid/Unp a id) Amount Paid Date Note
-./
-o/
3,132.00 Unpa id ./
1,160.00 ./
3,132.00 Unpaid ./
-o/
3,1 32 .00 Unpaid o/
-o/
4,176.00 ./
-o/
4,698.00 ./
12,586.00 ./
3,13 2.00 Unpaid ./
1,740.00 ./
3 ,132.00 Unpaid ./
1,160.00 o/
3,132.00 Unpaid o/
3,132.00 Unpaid ./
14,094.00 ./
7,656.00 ./
35,844 .00 ./
3,132.00 Unpaid ./
-./
-./
2,552.00 ./
3,132.00 Unpaid ./
1,421.00 ./
3,132.00 Un paid ./
3,132.0 0 Unpaid o/
-./
Agenda Item 8D
January 22, 2018
~ 404 S OCEANWALK DR · TREE REM OVAL
Qll TPC 30 20th Street 05.09.2017
~) TPC 30 20 th Street 07 .10.2017
f.n TPC 30 20th Street 07.13.2017
Q'!l TPC 30 20th Street 07.14.2017
0 1} TPC 49 Donner Road 05.21.2017 Denied
~ TPC 49 Donner Road 05.21 .2017 Denied
Q TPC 55 Donner Road 05.12.2017 Denied
~ TPC SS Donner Road 05.12.2017 Denied
~ ~ TPC 7119th Street 05.11.2017 DR
~~ TPC 7ll9t h Str ed05.11.2017
Q ~ TPC3108th Str eet05.21.2017 Denied
~ TPC 310 8th St reet 05.21.2017 Denied
TPC 310 8th St reet 0531.2017
I(I ':J TPC 320 11th Street05.15.2017 Deno ed
~ TPC 320 U th Street 05.15.2017
~ TPC 33.5 lOth Street 0.5.1.5.2017 Denied
fj TPC 350 3rd Street0.5.15.2017
., ~ TPC 381 5 th Street 05.15.2017 De nied
~ TPC 381 5 th Street 05.15.2017
·~ TPC 541 East Coast Drive05.11.2017
0 ~ TPC 740 Paradise Lane 05.15.2017 Den led
0 ~ TPC 740 Paradise Lane 05.18.201 7
..
01 TPC 82.5 Sherry Drive 0.5.21 .2017 Approved
01 TPC 1519 Jordan Street 05.15.2017 Denied
Q '!) TPC 1 519 Jordan Street 05.15.2017 revosed
'I!J TPC 1.519 Jordan Street 05.16.2017
Q TPC 153.5 Selva Manna Drive 05.09.2017
Q1 TPC 1710 Beach AvenueOS.09.2017
~~~~ TPC 1710 Beach Aven ue 07.03.2017
0 ~ TPC 1927 Beach Aven ue 05.()9.2017
O'J TPC1927 BelCh Av en ue 7.03.2017
Mltagatlon Total Ch eck Number Status (Paid/Unpaid) Amount Paid Dat e Note
. ./
2 552.00 Unpai d ./
3,190.00 Unpaid ./
2,958.00 Unpaid ./
-./
5,800.00 Unpaid ./
5,800.00 Unpaid ./
8,932.00 Unpaid ./
8,932.00 Unpaid .('
5,974.00 Unpaid ./
-.('
3,132.00 Unpaid .('
3,13 2.00 Unpaid ./
-./
8,236.00 Unpaid ./
8,236.00 Unpaid ./
116.00 Unpaid ./
1,740.00 Unpaid ./
2,088.00 Unpaid ./
2,088.00 Un paid ./
-./
290.00 Unpaid ./
-.('
-./
58.00 Unpaid ./
-./
58.00 Unpaid ./
2,088.00 Unpaid ./
-./
11,252.00 Unpaid ./
6,148.00 Unpaid ./
6,148.00 Unpaid ./
Agenda Item 8D
January 22, 2018
Fund Dept Activity Elem
112 1005 515 34
112 1005 537 34
112 6020 537 34
City of Atlantic Beach
Tree Fund Expenditure Summary
Obj
00
00
00
ACCOUNT
DESCRIPTION
(l' ntrattual Services Planning and Zoning
Contractual Services · Planning and Zoning
Cotltracrua l Services · Parks
Year
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Jv.Ll ~,~ fr<,ff ') ]f
rz.. o~ ·11
$
$
$
$
Amount
18,765.65
24,522.50
90,103.08
133,391.23
Amount
3,740.00
20,782.50
4,750.00
13,965.88
11,746.00
10,065.00
11,200.00
21,275.00
14,821.20
480.00
1,800.00
18,765.65
133,391.23
Purpose: This document is the culmination of a request that every expendit
since inception of the Tree Fund be tested. Since 1999, there have been ~
payments made out of the Tree Fund. Any records older than 7 years have k
destroyed. Five payments have been made since 2011. They are attached tc
document.
All Blue font is a hyper link to the document the text is referencing.
Additionally there are bookmarks to the left for ease of navigation.
If you have any questions about this document please e-mail Russell Caffe}
Rcaffey@coab.us
Agenda Item 8D
January 22, 2018
PREPARED 11/16/2017, 8:30:53 ACCOUNT ACTIVITY LISTING PAGE 1
PROGRAM GM360L
CllY OF ATLANTIC BEACH
GROUP PO A CCTG -PAYMENT YTD/CURRENT YTD/CURRENT TRAN SACTION
N BR NBR PER. CD DATE NUMBER Vendor DESCRIPTION ESTIM/ APPROP ENCUMBRANCE AMOUNT
1604 28484 2-Aug AP 4/19/2002 47964 TRUE PERRCTION, I PUBLICWORKS/RELATED SERV (4,750.00) 4,750.00
3566 30915 3-Nov AP 8/12/2003 55765 COMMERCIAL LANDSCA NURSERYSTOCK & SUPPLIES (1,500.00) 1,500.00
2331 30915 3-Aug AP 5/1/2003 53943 COMMERCIAL LANDSCA NURSERYSTOCK & SUPPLIES (4,625.00) 4,625.00
1819 30915 3 -Jun AP 3/5/2003 53152 COMMERCIAL LANDSCA NURSERYSTOCK & SUPPLIES (5,500.00) 5,500.00
1379 30658 3-May AP 1/13/2003 52493 CLAY HILL EVERGREE NURSERYSTOCK & SUPPLIES (2,600.00) 2,600.00
1379 30658 3-May AP 1/13/2003 52493 CLAY HILL EVERGREE NURSERYSTOCK & SUPPLIES 259.12 (259.12}
2081 33970 4-J ul AP 4/2/2004 59674 DAVEYTREE EXPERT GROUNDS&PARK SERVICES (550.00) 550.00
2168 30915 4-Jul AP 2/29/2004 59799 COMMERCIAL LANDSCA NURSERYSTOCK & SUPPLIES (10,350.00) 10,350.00
678 33106 4-Mar AP 12/2/2003 57578 CLAY HILL EVERGREE NURSERYSTOCK & SUPPLIES (846.00) 846.00
4225 3907S 6-Sep AP 6/5/2006 72810 CLAY HILL EVERGREE NURSERYSTOCK & SUPPLIES (4,590.00) 4,590.00
3746 39470 6-Jul AP 4/17/2006 72240 SIM'S HICKORY CREE NURSERYSTOCK & SUPPLIES (5 ,475.00) 5,47S.OO
2220 71447 7-Jul AP 4/24/2007 78016 SIM'S HICKORY CREE NURSERYSTOCK & SUPPLIES (400.00) 400.00
1936 71195 7-Jun AP 3/25/2007 77673 SIM'S HICKORY CREE PUBLICWORKS/RELATED SERV (3,600.00) 3,600.00
1632 70984 7 -May AP 2/23/2007 77235 SIM'S HICKORY CREE PUBLICWORKS/RELATED SERV (7,200.00) 7,200.00
2335 91415 9-Jul AP 4/15/2009 89176 B & l LANDSCAPE CO NURSERYSTOCK & SUPPLIES (2,100.00) 2,100.00
1966 91267 9-Jun AP 3/12/2009 88671 B & L LANDSCAPE CO NURSERYSTOCK & SUPPLIES (1,950.00) 1,950.00
1966 91051 9-Jun AP 3/4/2009 88671 B & L LANDSCAPE CO NURSERYSTOCK & SUPPLIES (11,000.00) 11,000.00
1764 91012 9-Jun AP 2/23/2009 88472 B & L LANDSCAPE CO NURSERYSTOCK & SUPPLIES (4,725.00) 4,725.00
1721 90984 9 -May AP 2/4/2009 88447 SPECIALTY TREE SUR GROUNDS&PARK SERVICES (500.00) 500.00
1310 90741 9-Apr AP 1/14/2009 87827 DONNELL LANDSCAPE GROUNDS&PARK SERVICES (500.00) 500.00
1310 90756 9-Apr AP 1/7/2009 87867 SPECIALTY TREE SUR GROUNDS&PARK SERVICES (500.00) 500.00
2424 101436 10-Aug AP 4/27/2010 94874 R&D LANDSCAPE & IR NURSERYSTOCK & SUPPLIES (57.20) 57.20
2424 101436 10.Aug AP 4/27/2010 94874 R&D LANDSCAPE & IR GROUNDS&PARK SERVICES (780.00) 780.00
2320 101338 10-Jul AP 4/13/2010 94767 R&D LANDSCAPE & IR NURSERYSTOCK & SUPPLIES (88.00) 88.00
2320 101338 1D-Jul AP 4/13/2010 94767 R&D LANDSCAPE & IR GROUNDS&PARK SERVICES (4,045.00) 4,045.00
1711 100926 10-Jun AP 2/24/2010 93919 R&D LANDSCAPE & IR NURSERYSTOCK & SUPPLIES (176.00) 176.00
1711 100926 10-Jun AP 2/24/2010 93919 R&D LANDSCAPE & IR GROUNDS&PARK SERVICES (9,675.00) 9 ,675 .00
2858 111692 11-Sep AP 5/26/2011 :005;;,0 R&D LANDSCAPE & IR NURSERYSTOCK & SUPPLIES (480.00) 480.00
3455 151837 15-0ct AP 7/29/2015 12047~ FLYING DRAGON CITR NURSERYSTOCK & SUPPLIES (300.00) 300.00
1354 150479 15-Apr AP 1/20/2015 118132 NATURAL RESOURCE P MISCELLANEOUS SERVICES (1,500.00) 1,500.00
ACC OUNTTOTAL 90,103.08
Agenda Item 8D
January 22, 2018
PREP A RED 12/0 Jul-17, 9:03:20 ACCOUNT A CTIVITY LISTING
PROGR AM GM36 OL ACCOUNTING
CITY OF AlLAN TIC BE AC H
GROUP PO ACCTG -PAYMENT YTD/CURRENT YTD/CURRENT TRANSACTION
NBR NBR PER. CD DATE NUMBER Vendor DESCRIPTION ESTIM/ APPROP ENCUMBRANCE AMOUNT
1095 21628 May-00 AP 2/4/2000 35133 KIRKER INC PUBLICWORKS/RELATED SERV (800) 800
1119 21542 May-00 AP 1/28/2000 35130 SIM'S HICKORY CREE NURSERYSTOCK & SUPPLIES (2,940) 2,940
1967 25129. 1-Aug AP 4/3/2001 42462 DAVEY TREE EXPERT NURSERYSTOCK & SUPPLIES (5,600) 5,600
1967 25130 1-Aug AP 4/3/2001 42462 DAVEY TREE EXPERT NURSERYSTOCK & SUPPLIES (1,925) 1,925
1770 25436 1-Aug AP 3/16/2001 42012 BOATWRIGHT LAND SU PUBLICWORKS/RELATED SERV (468) 468
1967 24835 1-Aug AP 3/9/2001 42463 DAVEY TREE EXPERT NURSERYSTOCK & SUPPLIES (9,790) 9,790
988 24253 1-May AP 1/31/2001 40562 BOATWRIGHT LAND SU PUBLICWORKS/RELATED SERV (3,000) 3,000
ACC OUNTTOTAL 24,523
Agenda Item 8D
January 22, 2018
PREPARED 11/16/2017, 8:30:35
PROGRAM GM360L
CITY OF ATLANTIC BEACH
GROUP PO ACCTG
NBR NBR PER.
1381 170699 17-Apr AP
1431 170n7 17-Apr AP
CD
ACCOUNT ACTIVITY USTJNG
DATE
1/24/2017
1/17/2017
ACCO
PAYMENT
NUMB ER Vendor
127318 SIM'S HICKORY CREE
127349 ARBORPRO, INC
UNTTOTAL
PAGE 1
DESCRIPTION
NURSERYSTOCK & SUPPLIES
M ISCELLANEOUS SERVICES
YTD/CURRENT YTD/CURRENT
ESTIM/APPROP ENCUMBRANCE
TRAN SACT10N
AM OUNT
5,940.00
12,825.65
18,765.65
Agenda Item 8D
January 22, 2018
Drake. Jlr~t r i c i a
From :
Se nt:
To :
Cc:
Subject :
Ma ri a Ma rk [mariadmark@g mail .com]
Saturd ay , Janu a ry 10, 2015 7 :44AM
C harli e Ma rc us
Hubsch , J eremy: Va n Li ere , Nelson: Drake, Pa tricia
Re. iTree Canopy Study
Dea r Charlie: T hank you for providing t he t ree canopy assess ment report. Not being a math wiza rd , I
hav e a cou ple of qu estions regarding the per centages and SS values assesse d re the eco -sy ste ms
se rvices (whi ch I found in t riguin g).
1. Wh en ca l culating t he compari son percentages of 2014 and 200 3, your va ri ance seemed gr ea t er than
simply subt r ac ting t he 201 4 pe rce ntage from the 200 3 per ce ntage . How did you arri ve at those
numbe r s.
2. How are t he do llar v alues f or t he t r ee bene fits determin ed and wh at i s the r e ason for t heir
flu ctuating in a mo un ts (i s that marke t -base d?)
Tha nks, Charlie!
Ma ri a D. Mark
Ex ec utive Di rec tor
Tim ucuan Tra il Parks Fo undati on
Th e Hi storic Napo l eon Bo napar t e Broward House
9953 Hecksc her Drive
Jack sonville , FL 32 226
904.707.358 4
Your Parks. Yo ur History.
www. ti m ucuanl ra i I pnrk sfou nd ati on.or g
OllR COFFEE TAHLii: BOOK, "S P ECIAL P LACES: t•IIOTOG R A PIIS O F
TilE T I Mlf('tlAN TRA I L I,AIU(S" I S T il E PF.IU'It:('T <~1 FT
FOn YOlJ R S I ~LI' 0 1{ 1<'0 1{ I'IU EN I>S AN t> FAM ILY
(V iew a sample o n o u •· wc hs itc a n d p m ·c hasc one tnday!)
On Fri, Jan 9, 20 15 at 11 :37 AM, C ha rli e M arc us <<.:hurl ic m(ti),nrp s lo rcstc rs .com > wrote:
1
Agenda Item 8D
January 22, 2018
Dnt~c. Patri cio
From:
Sont:
To:
Cc:
Subject:
Maria Mark [mariadmark@gmail.com]
Saturd ay, January 10, 2015 7 :44 AM
C harlie M arcus
Hubsch, Jeremy; Van Liere, Nelson; Drake, Patricia
Re : iTree Canopy S tudy
Ne l so n: Pls forward to the r est of t he commissi oners if you have not don e so al ready. Thanks!
Mnria D. Mark
ex ec utive Direc tor
Tunu cuan 1 rail Parks Foundation
Th e Historic Napoleon Bonaparte Br oward Hou se
995 3 Hecksc hcr Drive
Jac ksonville , FL 37226
904.707.3 584
Your Parks. Your History.
www.t im ucuant rui l parksfoundal ion.org
Olm COFFI•:E TABU•: BOOK, "SPEC'I A L PLA('I(S : I,IIOTO(;RAI'IIS OF
TilE TIMlf('tiAN TI{AIL PAR~S" IS TilE l,l•:t{lc'E('T (;1FT
FOI{ YOtii~SELI' 01{ FOI( FIHI~NHS AND FAMILY
(View :a sumplc un HUI' wchsitc :111 cl purrhHSl' nne today!)
On Fri . Ja n 9, 2015 at II :37 1\M. Cha rli e Marcus <chmlicn 1£!r}nrp sl'nrcs lc rs.com > wrote:
I I din Foll\s :
Pu•·smmt to th~ ll·rms uf nn•· executed :1~rccmcnt :mel attached purchase order, I h:n•c att:u:hctlthc
l'Umpl£•1ed Tree ( ';1nupy Assessme nt fur the City of Atlantic lll•ctch. llopcfull~, ~ou will find this infnrnwtiun
useful us •• hasis fnl' the future nmna~cmcnt of~r uur· city's tree &.'nlwpy. Please let nu.· kn cm at yuur t•arlicst
cmwenicncc if you lua\'c nny tJUestiuns , cummcnts, nr nmi~l\iuns that I may have mndc. It' I h:n'&.' nut hl·;u·d
frum yuu hy Mund;ay, .Januat")' 19, I will assume that y ou arc ~ntis tied with "hat I ha\'C pruvidcd :md I wilt
suhmit an iuvuicc t o y uu for payment
Agenda Item 8D
January 22, 2018
prese nce. If t h e tree canopy decr eases, so do the v alu es of these benefits. For the air po llution
para met e r s, I be li e v e t hat t hese b en efits are calcu lat e d base d upon how muc h i t would cost to
r e mov e thi s amount of air pollution using mec h an i cal and ch e mical mea ns. For the carbon, I
be lie ve t hat i s base d upo n m arke t va l ue . T her e i s a paper co n t aining a muc h more detailed
expl anation of h ow t hese va lu es ar e d er i ve d o n t he i T r ee w e bsi te. Di gesting the informati o n
r eq uir es an investme nt in time and brow wrin k les; it's pre tty wordy.
I wou ld h av e like d to provide a more de t ailed expla nati o n of ecosy st em se rvices, but I al so w anted
to limit t h e le ngt h of t he narrative to w he r e t he comm i ss ione r s and st aff could revi ew t he
information without spe nding co n siderab l e t i me doi ng so. Th e ai r pollution i s just one com p o ne nt
of ecosyst e m se r vices values . Ene r gy conse rvation v al ues are similar to sli ght ly high er, si nce t hey
ar e o nly de ri ved from trees w i t hin 60 f eet of buildings. Stormwater r e ductio n i s quite si gn ificant,
h oweve r . For exa mp l e , Ja ck so nville had a st u dy done about 10 years ago , u sing t h e Ci t y-Green
softwar e (at a cost of about $60 ,00 0). The st ud y es timat e d th at J ac kso nvi lle's tree ca nopy in 20 0 2
r e mov ed air po llutant s w i t h a va lue of $48.5 million , but the st o rmwat e r man age me n t va lu e w as
S 1.86 BILLION . So , e ve n in t he mi crocosm of At l ant i c Beac h , I woul d con side r the ecos ystem
se rv i ces va l u es li st e d in t hi s iTree Ca nopy r eport as t he tip of t h e i cebe r g of what y o u r tree
ca nopy i s ac tua lly doing to be ne f i t t h e citi zens of your city.
On ce again, p lease f eel fre e to di r e ct additi o nal qu es t i on s, comments, o r omissions to m e. I w ant
thi s to b e a use fu l r e por t for y ou .
Thanks , Charli e !
Mar i a D. Mar k
Execut i ve Di rector
Timucuan Tr ai l Park s Found at i on
Th e Hi sto r i c Na pol eon Bonapar t e Bro wa rd Hou se
9953 Hec kscher Dr i ve
Jacks on ville, FL 3222 6
90 4.707.3584
Your Parks. Your His tory.
ww w.li muc uantra ilpark s lo un da tio n .org
Olll~ C'O FF [t:F. T A BLE HOO K, "S P EC I A L J>LA('I~S: J>JIOT O (;R A IJIIS O F
T il E TIMtJ('lJAN TIV\I L PA IU(S" IS T llft: P ERFE('T G I I"T
FOI~ YOlii{S E L F 0 1{ FOR Fl ~mN O S ANI> F AMILY
(V iew a s ample on ou r Wl'hsit c a nd pu,.clwsc Hill ' ltuht)'!)
On Fr i. Ja n 9, 20 15 a l I I :37 AM, ha rli c Ma rc us <c harlie mua nrp s lorcs tc rs.co m> wro te:
llcllo Follis :
2
Agenda Item 8D
January 22, 2018
SUMMARY
T he Ci ty of At la nti c Beach , Flori da has co ntrac ted with Legacy Arboris t Se rv ices (LAS) of
Tallahassee, Plorida to co ndu ct an assess ment of th e hi s tori ca l tr ee ca nop y within th eir city
boundaries. LAS utili zed th e iTree Canopy so ft wa re deve loped by th e US fores t Servi ce to a nalyze
digita l images o f th e c ity tree ca nopy tak en in both December, 200 3 and January, 20 I 4. Charl es
Marcus , an ISA ce rtifi ed arbori st e mpl oye d by LA S, performed th e assess ment .
T he curre nt tree ca nopy covers 30.0% o f th e cit y's total area. Grass and bare soil occup ies an
ad di tiona l 2 1.1 %. Im pervious surfaces, in c ludin g pave ment and ro o fs, cover 25.0%. Marshes and
open wa te r occ up y 2 1.1 %, and beach or dun e areas occ up y 2. 7%. These fi g ures co mp are wi th a 2003
tree ca nopy of3 1.8%, grass and bare so il coverin g 2 1.7%; a nd imperv iou s s urracc cove rin g 22.6%
(Marsh/open wate r and beach/dune area remai n th e same). T hi s represent s a decrease in tree ca nopy
of 5. 7%, a decrease in grass and ba re so i I cove ra ge o f 2.8%, and an increase in im pe rvi ous surface o r
I 0.6 % during th e I 0 yea r peri od ofthe assess me nt. T hese fi gures arc li s ted in ta bul a r format in th e
addenda .
At lantic Beach ap pears to be maintai nin g a hea lth y a nd vit a l tree ca nopy overa ll. It is recom mende d,
howeve r, th a t c it y leaders maint a in a proact i ve approac h to both minimi zin g tree ca nop y loss and
limi t ing or mitigating in creases in imp ervi ous s urfaces as th e c it y grows and re-deve lops.
IMPORTANCE OF TREE CANOPY
Peopl e inherent ly und ers tand th e aes th eti c o r v isual valu e of trees to th e ir commun ity. In
addi ti on, howeve r, they also need to recogni ze th e eco nomi c contributions th at tr ees mak e to
t he deve lo ped environm en t, as well as th eir co ntributi on to public hea lth , c rim e reduction ,
and ot he r amenities that arc more d ifficu lt to q uantify. Al th ough trees require reso ur ces to
ma int ain t hem, th e va lu e of th e "ecosys tem se rvices" the y prov id e in return exceed s th eir
cost of ma intenance . Examp les or ecosys tem se rvi ces pr ov ided b y tr ees includ e redu cin g th e
cos ts of s tormwater manage ment , e ne rgy produ c tion and use, and absor bin g a ir pollution.
i1i·ee Canopy can est im ate the va lu e o f air po lluti on miti ga ti on provid ed by th e c ity's tre e
canopy (see th e atta ched add enda). Additi onal ecosyste m services ca n be meas ured us in g
ot he r modu les o fth e iTree So ft wa re Suit e . Th e va lu e of th e sto rmwate r and e nergy benefits
arc typ icall y quit e a bit mo re th an th e a ir po llut io n bene fit s . Si nce trees located on privat e ly
owned land co ntribut e ecosys tem serv ices to th e ovc ra tl community, so me reaso nable
regu lation of private ly ow ned tre es bene fit s th e overall co mmunity.
The tree cano py measured in thi s assess ment ca n be de fin ed as th e to ta l estim ated lr111d area
cove red by th e leaves, branches, and trunk s of a ll s tandin g trees whc n viewed from a bov e.
The proportion of land cove red by th e tree ca nopy -typi ca ll y expre ssed as perce nt cano py
cover -se rves as a convenient measure o f th e mag nitud e or th e co mmunity for es t and th e
services th e ca nopy provides. Tree cano py ca n be 1·ead il y assessed, eas il y communi ca ted,
and provides a use ful meas ur e for settin g goa ls, prioriti z in g acti ons, a nd trackin g c hanges.
Im pervious s urfaces, a lth ough ne cessa ry lor a number of reasons, in crease th e cos t of
s tormwat er mana ge me nt for loca l pub li c wo rk s departments. Th ey in crease storm wa ter
vo lu mes a nd associated non -point source pollution. They a lso in crease ambient summer a ir
temperatures in th e city by rc ll ec tin g heat th a t was prev io us ly abso rb ed by th e tree can opy
Agenda Item 8D
January 22, 2018
a nd the soil beneath . Th is in turn ca n a ls o rcs ull in hi g he r e ne rgy cos ts for nearby bui ldin gs
and a less favorable environm e nt lor re s id ent s . Imp e rvio us surfa ces a lso reduce th e
ava ilabilit y of oxygen, wat er, and nutri ent s to tree root s, which in tum red uces th e ecosystem
se rvi ces that th ese trees ca n provide.
METHODOLOGY
Atl a nti c Beach city officia ls have recog ni zed the importance of th e cit y's tr ee ca nopy . For th at
reaso n, th ey directed LAS to estima te chan ges to th e ca no py ove r th e pa s t I 0 years. They wished to
quantify lon g-term impac ts from th e thr ee hurr ica nes that passed throu gh th e city in Au g ust a nd
~ep tembe r, 2004, as well as eva luat e th e c iTec tive ness of current ci ty ord in ances des igned to protect
the tree ca nop y. The iTree Canopy so ftware provid ed LA S with a relatively in expens iv e and
exped ient mean s or ca rr y ing o ut thi s assessme nt. Thi s so ftware is sc ientifically based and has been
peer reviewed.
Th e user be g in s th e assess ment by de linin g th e land cover types th ey wis h to mea sure. foor thi s
ussessmcnt , tho se cover types in c lud e th e fo ll ow in g:
• T rees a nd Shrubs (current canopy)
• Gruss and Bare So il (potential orc as to in crease canopy)
• lmperv iou s Surfaces (areas perman e ntl y di s turb ed by deve lopment -no longer plantahl c)
• Marsh/Open Water/Dune s (natural areas not s uitab le for ca nop y in c rease)
Once the use r id e ntiti es th ese land co ver typ es and th en defines th e geographical boundaries of th e
assess ment area, th e software genera tes a series of rand o m point s on current Goog le Earth im ages . As
each point appears on th e sc ree n, th e use r en ters th e cover type on which th e point fa ll s. Th e user
continues to sa mp le a s uffici e nt numb er of poin ts to achi eve th e des ired level of s tati stical acc ura cy.
In thi s case, I 000 points within th e c it y boundaries we re samp led . Once c urren t ima ge ry is sa mpl ed
and a repo rt is ge nerated , the soflware tran s po ses th e st~m e sa mpl e point locations onto Oooglc Earth
im ages from a se lected previous refere nce yea r, 2 003 in th is case. The user records t he land cove r
ty pes prese nt on tho se points a t th a t tim e , und generates a new report for th e refer e nce ye ar fo r
co mpari son purpo ses.' Points were c lass ifi ed as Trees/Shrubs i r th e tree ca no py covered from above
an imp erv iou s suf'!a cc or othe r cove r type. I I' th e tr ees on ly s haded th e o th er cover typ e li ·o rn th e s ide ,
ho weve r, th ey were not c lass i li cd as tree canop y.
GENERAL OBSERVATIONS
The ci ty tree ca no py ap pears to prim ari ly co ns is t or Liv e Oak (Querc us virg iniana), North fo lorid a
S lash Pine (Pinus elliolli), and Sub a l (Cabh age) Pnlm (Saba/ pa/mello), as well as other s p cci~.;s
indi ge nou s to llatwoods and upland so il s of North folorida. These s pecies g row fo r the mo st part in
mi xed stands, but occas ion a ll y in e ith er pure s ta nd s or as individual trees. T here doesn 't appea r to be
any w id es pread distmbances to th e tree canopy , ei ther natural or human -ca use d . Indiv idua l resid e nt ia l
and co mm ercia l property ow ners have co nv erted s mall area s over th e pa st I 0 yea rs fr o m tree ca nop y
to ei th e r grass, pavement , roofs, o r improvement s s uch as decks or s wimmin g pools. Some previously
grassed or unpaved area s urc now built upon and paved ov e r. So me previou s ly un s hud ed imp erv iou s
surfaces a nd grassed areas arc now covered by tree canop y be cau se o r adjace nt tr ee g rowth and so me
ne w plantings. So me indi vidu a l trees were retain ed in area s th at previous ly e ith er had de nse ca nop y
or were no t yet deve loped . T his cou ld indi ca te that property owne rs are be in g at leas t so mc whal
Agenda Item 8D
January 22, 2018
co nsc ie ntiou s in co nserv in g tree cano py, and th at meas ures taken by th e c it y arc hav in g so me pos iti ve
c fTcc t.
COMPA RIS O N TO OTHER C ITI ES
T here is no se t tree canopy percentage th at wo uld be con sid ered "oplim al" eve rywh e re. Eac h
co mmuni ty has a numb er of con s id e rati ons th a t are unique to its parti cular circum s ta nces,
in c lud in g clim ate, geograph y, land cove r, previ ous land usc patte rn s, avai lab le resources, loca l
pri oriti es, a nd oth er fac tor s.
Atl an ti c Beach cunentl y has an es tim ated tree ca nopy perce nta ge o f 30%. If th e land a rea
occu pi ed by marshes, open wat er, and dun es is dedu c ted, t hi s percent age increases to 39%.
These fi gures co mpa re favo ra bly w ith th e a ve rage Florid a s tat ewid e tree ca no py coverage in
deve loped a reas of 26. 7%, and 32.1% when unpl anta blc natur al a reas a rc elimin ated . T he
s ta tewide ave rage fo r imp erviou s s urface in deve lo ped areas is 16 .9 %, whi ch is lower th a n th e
CUITCnt 25.0% in Atl anti c Beach. Ex amp les o f tree ca no py co ver from ot he r Florid a ci ti es in c lud e
Ta mp a@28%, Orland o@22%, Mi a mi @S%, Ga in esv ill e@S2%, Jac ksonvill e@46%, Oran ge
Park@45%, and Oca la@29% (Nowa k, 200 9). O th er south eastern c it y tree canop ies in c lud e
Atl un ta@48%, Au stin , TX@32%, a nd New Orl ca ns@23% (Len: unpubl is hed).
Settin g a mb iti ous ca no py cove r goa ls can he lp to engage th e publi c, motivate offi cia ls to ac ti o n,
sec ure fundin g for tree manage me nt , and enco urage s tewards hip . On th e oth er hand , se vera l
co mmuni ties ha ve laun ched ambiti o us tree pl ant ing initiativ es to in crease th e ir tree canop y
whi ch fail ed because o f poor pl a nni ng and execution . The ri ght s pec ies needs to be plant ed in th e
ri ght pl ace and rece iv e adequ ate post-pl antin g ca re.
STATISTICAL ACCURACY
A tab ul a r s umma ry o f th e results o f thi s assess ment and th e s ta ti s tical bo und ari es arc includ ed in
th e adde nda. Thi s assess ment is accur a te enough to prov id e th e C ity of Atl ant ic Beac h with a
hi storica l pe rspect ive of th e co nditi on o f th e c it y tree canopy and a bas is for developin g
strategies for futur e ma nage ment o f th e can opy. Ti g ht e r co nfid e nce interva ls can be obtained
eith er by co ll ec ting data from a ne two rk o f sample pl ots in th e fi e ld or emp loy in g more
so phi sti cat ed (a nd ex pens ive) so n wa rc for condu ctin g tree ca nopy an a lyses .
WHERE TO GO F ROM H E R E
T he fo ll owin g meas ur es can help th e City to i nc rease, or at leas t ma int a in , t he tree ca nopy
cove rage ove r the nex t severa l yea rs.
Co nser ve th e Curr e nt Tree Ca nopy: Pro tec ting large r trees or clump s oftrces is th e mos t
effecti ve strategy. Energy sav ings can be de rive d fr o m reta inin g ca nopy trees within 20-6 0 feel
o f bu ild in gs. T he tree's Criti ca l Roo t Zo ne (C RZ) nee ds to re main undi sturbed as mu ch as
possi bl e. T hj s co ul d mean rea rrang in g th e co nfi g ura ti on of build ings a nd improve ment s on th e
deve lopm ent s it e, as we ll as res tri c ting co ns tru ction equipm e nt from th e C RZ .
Minimi ze t he Creat io n of Additi ona l Im pe rvi o us Surf aces: 'ons id er altern atives to asph a lt and
co ncrete on a t least porti ons of developm ent or re-develo pm e nt s it es. Es tabli sh tree is land s o r
cor ri do rs o f adequ ate s ize in parkin g lo ts (th ese ca n be in co rp ora te d into th e s it e storm wat er
ma nage me nt sys tem). In s ta ll pave rs or so me type ofpc rv ious pa veme nt in prox im ity to tr ees.
Engin ee rs ca n prov id e th ese a lte rn ati ves if asked to do so.
Agenda Item 8D
January 22, 2018
Id entify Opportuniti es for Tree Pl a ntin gs on Pub li c ly Owned Land s : The 2 1% g ra ss and bare so il
cove r id e ntifi ed in thi s asses s me nt prov id es ut lea s t some opportuniti es for add iti onal tre e
plantin gs . Se lect s it es where it wou ld be des irabl e to add tree ca nopy, and ca lcu late th e numbe r
of ca nopy trees that co uld be plant ed on th ese s it es. Co nn icts with ov erhead and undcrgrOLmd
utiliti es , as we ll as other ex is tin g infrastructu re need to be co ns id e red in adva nce.
ll old a Tree Sa le/G iveawa y fo r Pro perly Own e rs: Bo th Grecn sca pe Jackso ll v ill e and th e Duval
County ooperativ e Ex te ns ion Service have co ns id erab le exper ie nce in ca rry in g out th ese
eve nt s. Selectin g s uit a bl e s pec ies for yo ur area that res id ents wi ll li ke and obta inin g qu a lit y
nu rsery s toc k or th e appropriate s ize need to be ca re full y cons id ered in adva nce. Providin g
reci pie nt s with an ed ucati ona l ven ue whic h in c lud es si te selecti on , proper pla ntin g tec hniqu e,
and post-plan ting care is a lso esse nti al. Some typ e of fanfare, or in corporati on wi th ano th er
community event , can a lso he lp in crease res id e nt parti c ipation.
Cond uc t More Detai led Assessme nt s: As prev io us ly me ntioned , more prec ise assess me nts of
you r com munit y trees can be proc ured by ei th e r datu co ll ection on th e g round or mo re
so phi s ti cated Urban Tree Ca nop y (UTC) ana lys is . These can be done c ity-wid e, or just in a reas
o f par ti cular co nce rn to ci ty leade rs. It ma y be more eco no mi ca l to conduct th ese studi es in
coope rat ion wit h ot her ne igh borin g co mmuniti es. Trees a long hurri ca ne evac uation rout es and
ot her s ig nili cant thorou ghfarcs ca n be th e ini t ia l fo cus for s treet t ree inv entori es . Trees in heav il y
used parks and ot her p ub li c areas wou ld olso be good ca ndidates lor inui vid ual in ventory and
co nd iti on assess ment. Revi ew of ci ty tree and la nd scape ordin a nces by a n out s id e e nti ty may
help to id e nti fy whe re th ey ca n be made more e ffec tive w ith o ut be ing too intru s ive.
Develop an Urba n Fores try Manageme nt Plan: Thi s doc um e nt wo ul d synth es ize all of th e a bov e
recomme nd at ions int o a comprehens ive long-ran ge do c um e nt spcc ili ca ll y des ig ned for th e C it y
of Atla nti c Beac h. Th e p lan wou ld inc lude c ur ren t condi ti o ns, futur e goa ls, s trategies fo r
ac hiev in g the go al s, and resources needed to do so. In put from c ity leaders and th e ge nera l
public, pe rhap s in a faci lit ated sess io n, wo ul d be a n essenti a l part of formulatin g th e plan .
Legacy Arborist Services remains available t o the C ity of Atlnntic Beach to provide
ass istance with the manugcment of their tree canopy, whether through casmll
communication by pbone or email or through the implcmcntntion of specific pro,jects for u
nominal fcc. We cnn also dit·ect you to a numbct· of sources of additional information ubout
trees.
Agenda Item 8D
January 22, 2018
ARTICLE II.-CITY COMMISSIONill
Sec. 2-19.-Rules of conduct and procedure at meetings.
The following rules shall govern procedure and conduct of city commission meetings:
(1) Rule 1. The mayor-commission shall preside at all meetings of the city commission, call the
members to order at the hour appointed for each meeting and, upon the appearance of a
quorum, proceed to business. He shall have general control of the chamber and in case of
disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor
shall preserve decorum and order, may speak to points of order in preference to other
members, and shall decide all questions relating to the priority of business or of order, without
debate, subject to appeal to the city commission by any member as a matter of course, and on
the appeal, it shall require a majority vote of the members to sustain the appeal.
(2) Rule 2. The mayor-commissioner shall declare all votes. A roll call of the yeas and nays on any
question shall be taken upon the request of any one (1) member. The roll call shall be
conducted as follows: The city clerk shall arrange the names of the members of the city
commission in alphabetical order, and each call of the roll shall be restated in a manner so that
upon each call thereof, he will commence with the member's name that was called second upon
the preceding roll call, and thereafter proceed to call the roll according to alphabetical order;
except, that the mayor-commissioner's name shall be called last.
(3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding
officer shall pass upon the point of order.
(4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more
than five (5) minutes at any one time.
(5) Rule 5. No member shall be interrupted by another without the consent of the member who has
the floor, except by rising to a question of order.
(6) Rule 6. No member shall absent himself from the meeting before adjournment for more than
five (5) minutes at a time without leave of the presiding officer.
(7) Rule 7. The order of business shall be as follows:
a. Approval of minutes of preceding meetings;
b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's
attention;
c. Unfinished business of preceding meeting;
d. Consent agenda;
e. Report of committees;
f. Action on resolutions;
g. Action on ordinances;
h. Miscellaneous business;
i. City manager reports;
j. Reports and/or requests from city commissioners and city attorney.
(8) Rule 8. The mayor-commissioner may appoint, from time to time, such special or select
committees as in his discretion he deems desirable, or as may be desired by the city
commission, to expedite the handling of the business and affairs of the city.
(9) Rule 9. It shall be the duty of all committees to report on every subject referred to them at the
next regular meeting following the reference; provided, the city commission may direct a report
Page 1
Agenda Item 8E
January 22, 2018
to be made at an intervening adjourned meeting. If any committee fails to report on any matter
as required, they may be relieved of further consideration of the matter, and it be otherwise
disposed of by the city commission.
(1 0) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall
meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless
a majority of the committee shall have signed the same.
(11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to which any
pending matters have been referred to cause their committee to meet to consider and dispose
of its pending business, and as far as practicable, to give advance notice of the time and place
of such meeting to all members of the city commission, the city clerk, city manager and other
persons known to be interested in favor of, or opposed to, the particular matters proposed to be
considered.
( 12) Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All
special reports shall state the facts substantially appearing before the committee.
(13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and
resolutions other than those appearing upon the official agenda, the presiding officer shall order
same received or filed or referred to proper committees, and the order made shall prevail unless
motion for other disposition of the matter in question shall be made and prevail.
(14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to
clearly indicate the substance of the contents. Its reference or other disposition shall be
endorsed on it by the city clerk.
(15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commission,
provided the same are prepared in written or printed form. Unless copies of the proposed
ordinances shall have been previously delivered to the mayor-commissioner and each member
of the city commission at least three (3) days prior to the meeting at which they are introduced,
no action on the passage of the same shall be taken at the meeting at which introduced except
by unanimous consent of all members of the city commission present. The city manager, city
clerk and city attorney shall, when requested by the mayor-commissioner or any member of the
city commission, exert their best efforts to assist in the preparation of proposed ordinances and
cause copies thereof to be delivered to the mayor-commissioner and each member of the city
commission at least three (3) days prior to the next scheduled meeting of the city commission
following the request.
(16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be
taken upon the disposition made at each reading thereof, and shall be entered upon the journal
of the proceedings of the city commission.
(17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be
withdrawn by the mover or the proposer at any time before amendment or putting it to a vote.
(18) Rule 18. The city manager shall furnish each member of the city commission with a list of
unfinished business of the preceding meetings, and a separate list of unfinished business
generally, in the order of its introduction, and a separate list of new matters expected to be
presented at the meeting, prior to every meeting.
(19) Rule 19. The city manager shall submit regular written monthly reports to the city commission.
(20) Rule 20. After the decision of any question, it shall be in order only for a member voting on the
prevailing side to move a reconsideration at the same or next regular meeting. If a motion to
reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of
the city commission in attendance at the meeting at which reconsideration is requested.
(21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons
by a vote of the majority of the members of the city commission present.
Page 2
Agenda Item 8E
January 22, 2018
(22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the
book of reference, and its rules, so far as they are applicable and not in conflict with the
provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city
commission.
(23) Rule 23. The mayor pro tern shall exercise the duties and powers of the mayor-commissioner
during his absence or disability.
(24) Rule 24. It shall be the duty of the city clerk or her/his designee to attend all meetings of the city
commission and to record and keep the minutes and records thereof. The minutes of such
meetings shall be promptly recorded for public inspection as required by state law. It shall be
the duty of the mayor-commissioner, and in his absence, the mayor pro tern or other city
commissioner, to see that the proceedings of every meeting are properly and promptly recorded
by the city clerk or her/his designee, and the record of every meeting shall be signed, when
approved, by the city clerk or her/his designee and the mayor-commissioner or the mayor pro
tern or other city commissioner who presided thereat.
(25) Rule 25. Any city commissioner or charter officer may request that any motion be presented in
writing.
(26) Rule 26. The city commission may take action on a matter which, because of time constraints,
has not been included on the agenda for their meeting, if such matter is declared to be an
emergency by the affirmative votes of the majority of the members of the city commission. The
passage of emergency ordinances and resolutions, however, shall be in accordance with
Section 18 of the City Charter.
(27) Rule 27. It shall be the duty of a city commissioner who will be absent from any city commission
meeting to notify the other commissioners of any such anticipated absence. Said notice shall be
given as far in advance as possible, either orally at a meeting prior to the one which the
commissioner will be absent from, or by e-mail to the city clerk, who will then forward the notice
to the other commissioners. If the notice includes a request for an excused absence, it shall
state briefly the reasons why the excused absence is being requested, and the other
commissioners shall vote on the request at the meeting at which it is orally requested or as an
agenda item at a subsequent meeting following notice by e-mail.
(28) Rule 28. City commissioners shall be prohibited from accepting or sending any electronic
communications via cell phone or other device during the course of a city commission meeting.
Electronic communications include, but are not limited to, emails, Blackberry PINs, SMS
communications (text messaging), MMS communications (multimedia content), and instant
messaging. City commissioners may have cell phones turned on during city commission ,
meetings, to be used only in the event of an emergency.
(Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No.5-
01-36, § 1, 11-12-01; Ord. No. 5-12-56, §§ 1, 2, 8-27-12; Ord. No. 5-12-57, § 1, 11-26-12)
Page 3
Agenda Item 8E
January 22, 2018
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
Yvonne Calverley, Executive Assistant to the City Manager ;!je--
January 9, 2018 (/
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 notes:
• A Town Hall Meeting is tentatively scheduled for Saturday, April14 at
10 am in the Jordan Park Community Center.
BUDGET: None
RECOMMENDATION: Approve the 90-Day Calendar for February through April2018
ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (February through April
2018)
CITY MANAGER: _ ____J:L==-----""'Jj'"----"' ..... ~""""·~+--------
Agenda Item 9B
January 22, 2018
December 14, 2017
Honorable Donna L. Bartle
Clerk of City of Atlantic Beach
City Hall
800 Seminole Road
RE: Appeal of Variance Denial by the Community Development Board
Dear Ms. Bartle:
Pursuant to Section 24-49, Code of Ordinances of the City of Atlantic Beach, Florida, appeal is
hereby made on behalf of myself and my husband William P. Nail, as the property owners of 1505
Selva Marina Drive, Atlantic Beach, Florida concerning the denial of our request for a Variance to
construct a six foot fence at the property line (adjacent to/behind the existing 1 0 foot hedge) on
Seminole Road.
We believe the Community Development Board failed to properly analyze and apply the city's
code regarding Grounds For Approval of a Variance and we have been adversely affected by their
decision. Specifically, we believe the Board failed to find that the following reasons existed
allowing for a Variance:
(2) certain conditions or circumstances impact our property disparately from nearby
properties;
(3) there are exceptional circumstances preventing the reasonable use of the propetiy
as compared to other properties in the area;
(4) there is an onerous effect of regulations enacted after the platting and development
of our parcel;
(5) the property has an irregular shape warranting special consideration.
The lot has a pie shape with exposure to both Seminole and Selva Marina Drives. Therefore,
there is no private back yard by nature ofthe lot configuration. The vast majority of lots in
Atlantic Beach are conforming lots with a :fiont yard that faces a street and a back yard that does
not. Therefore, the impact of the fence regulation impacts our property disparately. Due to these
exceptional circumstances, we are unable to make use of our entire lot, create a backyard space
that is safe for our children and allows for privacy from Seminole Road. According to the original
plat, Seminole Road is considered our front yard. However, the property was developed to face
Selva Marina Drive, has a Selva Marina Drive address, the front door and drive way face Selva
Marina Drive and Seminole Road runs along the side and back of our property. A 10 foot
setback is being required for a 6 foot fence along Seminole Road. However, were it properly
considered our side yard, the 10 foot setback would NOT be required. This requirement came
into effect after the development ofthe property to face Selva Marina Drive and is having an
onerous effect on the use of our property. And, as stated already, the lot has an irregular shape
which warrants a Variance to allow for the creation of private back yard space.
Agenda Item 10A
January 22, 2018