01-10-22 Draft Agenda
City of Atlantic Beach
Draft Agenda
Regular City Commission Meeting
Monday, January 10, 2022 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page(s)
1. APPROVAL OF MINUTES
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
City Manager’s Report
3.B.
Accept the 90-Day Calendar (January -March 2022)
90 Day Calendar Jan-Mar 2022
5 - 8
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4.A.
Blue Zones Funding - Melanie Patz, Baptist Health Vice President of Community
Investment and Impact (Mayor Glasser)
4.B.
Dr. Martin Luther King, Jr. Day 2022 Proclamation (Mayor Glasser)
MLK Day 2022 Proclamation
9
4.C.
Arbor Day 2022 Proclamation (Mayor Glasser)
Arbor Day 2022 Proclamation
11
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
6. CONSENT AGENDA
7. COMMITTEE REPORTS
8. ACTION ON RESOLUTIONS
8.A.
RESOLUTION NO. 22-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
PUBLIC WORKS DEPARTMENT TO PURCHASE TWO NEW TRUCKS DURING FY 21-
22; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE
13 - 15
Page 1 of 77
Regular City Commission - 10 Jan 2022
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-02
8.B.
RESOLUTION NO. 22-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXTENDING THE TERM OF
SUZANNE GREEN AS SPECIAL MAGISTRATE FOR ONE YEAR; AUTHORIZING THE
CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN
ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-03
17 - 18
8.C.
RESOLUTION NO. 22-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE
ENGINEERING SERVICES FOR A 12” WATER MAIN INSTALLATION NEAR NORTH
SHERRY DRIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-04
19 - 25
8.D.
RESOLUTION NO. 22-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A
33-INCH DIAMETER LIVE OAK TREE AND 47-INCH DIAMETER LIVE OAK TREE AS
HERITAGE TREES IN DUTTION ISLAND PRESERVE; AND PROVIDING AN EFFECTIVE
DATE.
Resolution No. 22-05
27 - 41
8.E.
RESOLUTION NO. 22-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A
24-INCH AND 31-INCH DIAMETER DOUBLE LIVE OAK TREE AS A HERITAGE TREE IN
TIDEVIEWS PRESERVE; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-06
43
8.F.
RESOLUTION NO. 22-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A 62
INCH-DIAMETER LIVE OAK TREE AT 1959 BRISTA DE MAR CIRCLE AS A HERITAGE
TREE; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-07
45
8.G.
RESOLUTION NO. 22-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A
32-INCH DIAMETER LIVE OAK TREE AS A HERITAGE TREE ON THE CORNER OF 19TH
STREET AND NORTH SHERRY DRIVE; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-08
47
Page 2 of 77
Regular City Commission - 10 Jan 2022
8.H.
RESOLUTION NO. 22-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID
#2122-02 FOR THE A1A FORCE MAIN REPLACEMENT; AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE
WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-09
49 - 52
8.I.
RESOLUTION NO. 22-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF
TO ISSUE A TASK AUTHORIZATION TO ALLIANT ENGINEERING, INC. FOR
ARCHITECTURE AND ENGINEERING SERVICES FOR THE PUBLIC WORKS BUILDING
RENOVATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY
TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Resolution No. 22-10
53 - 66
9. ACTION ON ORDINANCES
9.A.
ORDINANCE NO. 75-22-26, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER
21 OF THE ATLANTIC BEACH CODE OF ORDINANCES, TRAFFIC AND MOTOR
VEHICLES, AMENDING SECTION 21-2 DEFINITIONS, ADD NEW ARTICLE VII
PERSONAL MOBILITY DEVICES REGULATIONS AND NEW SECTION 21-90 STREET,
SIDEWALK AND BEACH PERSONAL VEHICLE REGULATIONS TO GOVERN THE USE
OF CERTAIN PERSONAL VEHICLES ON THE CITY’S BEACHES, STREETS, AND
SIDEWALKS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Ordinance No. 75-22-26
67 - 77
10. MISCELLANEOUS BUSINESS
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13. ADJOURNMENT
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, click on the
Meeting Videos tab on the city's home page at www.coab.us.
Page 3 of 77
Regular City Commission - 10 Jan 2022
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
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’s Office by 5:00 PM, the Thursday prior to the meeting.
Page 4 of 77
CITY OF ATLANTIC BEACH
CITY (30l\/[NIISSION IVIEETING
STAFF REPORT
AGENDA ITEl\’I:90-Day Calendar for the I\/Iayor and Commission
SUBIVIITTED BY:Kevin Hogencamp/Deputy City l\/Ianager /aygk
TC)I)AY’S DATE:Decernber 30,2021
IVIEETING DATE January 10,2022
BACKGROUND:The 90-day calendar is included on the agenda for the pur
pos
e
ofsetting
meeting dates and deterrnining the location,time and whet
her
to
videotape special meetings and workshops.
The rolling 90-day calendar will be revised after receiving inp
ut
from
City staff and the Commission,and will be included in ea
ch
agend
a
for
consideration.
it
-A Town Hall Meeting is scheduled for Saturday,January 22frorn10am
to Noon in the Commission Chamber.
-A Priority—Setting Exercise is planned for January,but notbeenscheduled.
BUDGET:None
RECOMMENDATION:Approve the 90-Day Calendar for January through l\/[arch 20
22.
ATTACHMENT:1)I\/Iayor and Coinrnission 90-Day Calendar (January thr
oug
h
l\/[arch 2022)
REVIEVVED BY CITY IVIANAGER:Agenda Item #3.B.10 Jan 2022Page 5 of 77
MAYOR AND COMMISSION
6 Cude
Enforcement
Special Magistrate
Hearing 2 pm
10 12 13 14
Commission Mtg ESC Tree Shakespeare in
6:30 Pm Subcom 5:15 pm the Park
(Invoc-Kelly)ESC Meeting 6 pm 6:30 —9:30 pm
Mayvr’s Advisory (J0h3I1S€1'lPafk)
Council Noon
18 19 21
MLK Day Community ESC Outreach A1-botDay
,Development Subcommittee ActivitiesCityOf?ces -
‘
Closed
Board Mtg 6 pm Meeting 6.30 pm -1-BA
25
Commission Mtg ESC LEED
6:30 pm Subcommittee
(Iuvoc-Norris)Meeting 11 am
26
Agenda Item #3.B.10 Jan 2022Page 6 of 77
MAYOR AND COMMISSION
February 2022
.‘l\)\'lJ\’\'in 3 ’I-l‘.lD\‘.
1 2 3 4 5
Blood Drive
(City Hall)
Noon to 5 pm
,,Donna 7 s 9 ESC Tree 10 11 12
Marathon Suk??pm
ESC Meeting 6 gm
Songwriters Mayor’s Advisoiy
Concert 6 pm _Cmm.ci|A>2n
13 14 15 16 17 18 [9
Commission Community ESC Outreach
Meeting Development Subcommittee
6:30 pm Board Mtg 6 pm Meeting 6:30 pm
(Invoc-Mayor)
20 21 22 23 24 25 26
President’:Day ESC LEED
Subcommittee
City Of?ces Meeting 11 am
Closed
27 28
Commission
Meeting
6:30 pm
(Invoc-Bole)Agenda Item #3.B.10 Jan 2022Page 7 of 77
MAYOR AND COMMISSION
March 2022
Due Date for
3/14 Agenda
Special
Magistrate
Hearing 2 pm
u.
\l l‘Rl)\\'
-1
9 ESC Tree
Subcom 5:15 pm
ESC Meeting 6 pm
Mayor’s Advismy
Council Noon
10 ll
14
Commission Mtg
6:30 pm
(lnvoc-Waters)
15
Community
Development
Board Mtg 6 pm
16
ESC Outreach
Subcommittee
6:30 pm
Due Date for 3/14
Agenda
17 18 19
20 22
ESC LEED
Subcommittee
Meeting 11 am
24
27 28
Commission Mtg
6:30 pm
(Invoc-Kelly)
29 30
Due Date for
4/l 1 Agenda
Agenda Item #3.B.10 Jan 2022Page 8 of 77
i?rurlamatiunof the
Qtitp of Qtlantir i?earl)
in Recognition of
Dr.Martin Luther King,Jr.Day 2022
WHEREAS,the life and work of Reverend Dr.Maitin Luther King,Jr.—who devoted his life to
advancing social justice,equality and opportunity —continues to inspire and shape our community,state and
nation;and
WHEREAS,in courageously and skillfully encouraging Americans to recognize the universal threat of
injustice anywhere,Dr.King validated that those who love their country can change it;and
WHEREAS,to honor the legacy of Dr.King,Congress passed a bill in 1983 providing for the third
Monday of January to be observed as Dr.Martin Luther King,Jr.Day,and President Ronald Reagan signed the
bill into law;and
WHEREAS,the City of Atlantic Beach partners in the community’s annual Martin Luther King,Jr.
Day Celebration,which brings people together,breaks down barriers that have divided communities and the
nation,and pays tribute to local residents whose servant leadership embody the ideals and spirit of the late,great
Civil Rights torchbearer;and
WHEREAS,for the past three years,a key inspiration behind the annual local Martin Luther King,Jr.
Day celebration was Birds of Fire band leader Kenny White,who sadly left this world in October 2021,and
whose message of hope,unity and the gospel re?ected Dr.King’s vision and will inspire us forever;and
WHEREAS,the 2022 Martin Luther King,Jr.,Day Celebration will be held at 11 a.m.Saturday,
January 15,at the Seawalk Pavilion in Jacksonville Beach;and
WHEREAS,the 2022 Dr.Martin Luther King,Jr.Community Service awardees are Atlantic Beach
City Commission member Brittany Norris,Apostle Greg and Dorothy Austin,and Beaches Habitat education
volunteers Jesse Datillo,Dan Mechenbier and Terry Wybenga.
NOW THEREFORE,1,Ellen Glasser,Mayor of the City of Atlantic Beach,Florida,do hereby
proclaim Monday,January 17,2022,as
and encourage all Atlantic Beach citizens to honor Dr.Maitin Luther King,Jr.’s legacy by participating in thisobservance.IN WITNESS WHEREOF,I have set my hand andcausedtheOfficialSealoftheCityofAtlanticBeachtobeaffixedthis10"‘day of January 2022.Ellen Glasser,Mayor Agenda Item #4.B.10 Jan 2022Page 9 of 77
Page 10 of 77
Qrhur ?ap i?rutlamatiun
Whereas,in 1972,J.Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be set aside for the planting of trees;and
Whereas,the holiday,called Arbor Day,was first observed with the planting of more
than a million trees in Nebraska;and
Whereas,Arbor Day is now observed throughout the nation and the world;and
Whereas,trees can reduce the erosion of our precious topsoil by wind and water,
lower our heating and cooling costs,moderate the temperature,clean the air,produce oxygen
and provide habitat for wildlife;and
Whereas,trees are a renewable resource giving us paper,wood for our homes,fuel
for our fires and countless other wood products;and
Whereas,trees in our city increase property values,enhance the economic vitality of
business areas,and beautify our community;and
Whereas,trees,wherever they are planted,are a source of joy and spiritual renewal;
Now,Therefore,I,Ellen Glasser,by virtue of the authority vested in me as Mayor of
the City of Atlantic Beach,Florida,do hereby proclaim January 21,2022,as
Arbor Day
in the City of Atlantic Beach,and I urge all citizens to celebrate Arbor Day and to support
efforts to protect our trees and woodlands,and further I urge all citizens to plant and care
for trees to gladden the heart and promote the well-being of this and future generations.
to be affixed this 10th day of January 2022.ELLEN GLASSERMAYOR Agenda Item #4.C.10 Jan 2022Page 11 of 77
Page 12 of 77
AGENDA ITEIVI :
TC)I)AY’S DATE:
RJEETING DATE:
SUBMITTED BY:
SUIVIIVIAIIY:
RECOMMENDATION:
BUDGET:
ATTACI-[1V[NTS :
CITY NIANAGER:
CITY OF ATLANTIC BEACH
CITY CO1\’Il\’IISSION
STAFF REPORT
Resolution No.22-02 authorizing the purchase of two new2022
Ford F150 pickup trucks for the Public VVorks Department.
December 20,2021
January 10,2022
Scott Williams,Public Works Director ']{_.{—/6,,-
The Public Works Department is in need of two truc
ks
to
accommodate the Parks Division and the Streets and S
t
o
r
r
n
Division.The price quoted froxn Alan Jay Fleet Sales foranew
2022 Ford F150 Pickup Truck is $28,307.00 each,f
o
r
atotalof
$56,614.00.
The truck for the Parks Division will replace P-59,:20
10
Ford
Ranger with S 1 ,878 miles,and the truck for the Streets will
replace P-50,a 2008 Ford F250 with 100,594 miles.‘
Funds to purchase these replacement trucks are available intheFY
21 .22 budget approved by the City Cornlnission.The tru
cks
withthe
speci?cations to rrleet the City’s needs are priced fron1
Contract #2022 1207 1 6-NAF &O60920<NAF as stated theQuote
from Alan Jay Fleet Sales.
Approve Resolution No.22»O2.
Adequate funds are available in the Parks Account No.
572-6400 and the Streets Accotlnt No.001—S002—54l»6400.
1.Resolution No:22-02
2.Quote from Alan Jay Fleet Sales dated 12/7/21
Agenda Item #8.A.10 Jan 2022Page 13 of 77
RESOLUTION NO.22-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AUTHORIZING
THE PUBLIC WORKS DEPARTMENT TO PURCHASE TWO NEW TRUCKS DURING
FY 21-22;AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the current year budget for Public Works contains funding for one new truck for the Parks
Division and one new truck for the Streets Division;and
WHEREAS,the price quoted from Alan Jay Fleet Sales under Sourcewell’s Contract #2022 120716—NAF
&060920-NAB for a new 2022 Ford F150 Pickup Truck is $28,307.00 each,for a total of $56,614.00;and
WHEREAS,the truck for the Parks Division will replace P-59,a 2010 Ford Ranger with 51,878 miles,
and the truck for the Streets Division will replace P-50,a 2008 Ford F250 with 100,594 miles;and
WHEREAS,since individually,each of these trucks are over the $25,000 City Manager approval level,
we are seeking Commission approval to streamline the purchasing process;and
WHEREAS,trucks are funded in both the Parks and Streets FY21—22budget.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows:
SECTION 1.The City Commission hereby authorizes Public Works to enter a requisition for two new
2022 Ford F150 Pickup Trucks as quoted by Alan Jay Fleet Sales;and
SECTION 2.The City Commission hereby authorizes the City Manager to approve a purchase order to
Alan Jay Fleet Sales in the amount of $56,614.00 for both trucks,and to otherwise execute contracts in accordance
with and as necessary to effectuate the provisions of this resolution.
SECTION 3.Funds are allocated in the FY 21-22 budget for this purpose.
SECTION 4.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 10”‘day of January,2022.
Ellen Glasser,Mayor
Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.A.10 Jan 2022Page 14 of 77
EVE (éim)ALANJA i17r(27s27-475529)__
i 7
‘vC:nVIIll.1_/Erst,for all gfyaur Flea ?ntqlna?ve,5 Light hunk neeib._V7
quoge
mnec-r 3334359610 \Nwrw.AI_AN.IA 35253.2
Malling ll-».o,ao
)(§zun‘“‘“"‘“fs-bung.FLssen-.
a2an
SOlll
(‘(—‘U
\fa2-IE
it
Cor?oizf’2003 u.s.21 South ‘y FAOEILE 1304-5334993 }
FAX Ares-4924221°“"“’Seblin?.FL ssaio
nsuxssu 5rmI'L
"77 V W VORIGINALQUOTE DATE
‘
intr
o:
,
121112021
REQUESTING AGENGV A1'l___Alg EACH,cIT_V_Q_F_‘___
CONTACT PERSON lgl KE OLA __EMAIL
PHONE 9BI—2J‘I—6I§2 MOBILE
souac uvE|_|_(|=oRu|ER|_v p|_|PA’coN1-RAc1-3 2022 12n11a-I\IAI=5 ososzo-NAF www.
NatlonaIAutoFIeelGroup.
con|mIonEL V
xic Imvg
,
7
msnp
,
s3s,o1o,oo
‘2021 FORD F-150 SUPER CAB ZWD XL 3.5’BED ‘I49’‘NB
EASE vEHIcI_E PRICE $24,901.00CUSTOMERID
'-All vehicles win he uvdarud whllb w/om-nest intarior unla.LI dandy alalbd omanuvsa on purl??ase mum-.
‘FACTORY owrlous Dzscmrrlonl
kvzns _Exrsmon comm
mall:1-.-.n:mI;'s:o.-.
FR
xnfvowor zqunpmenx Group (w/nook,naqulres valid rm cuéé.)
-Cllci Power Door Lodcs,mp key and Integrated km;Kransn-?ner kevle5s4nny (In=I-mas Anlulnck).Nlykzy,Pawn!
Sldevlew Minors W/Black Skull caps.heat and manuaI—iaI=In-g,Power Fronl a.near Wlnduws,Pnwnr Tailgate Luc
k.Inumlnuee Entry renmuu Alntvn
rAcroRv OPTIONS $3,155.00
I:EscnIP'l1onconrrnncrovrlous
342»!52:1-vlag Includes Izemn mg Eihllo way cwarnlght shipping for sugnauma.
CONTRACI'OPTIONS $245.00
__I}IEw ma
\
VEHICLE TO
TA
L
$28,062.00
IVISRP DISCOUN
T
25.6%
ACCESSORY TO
TA
L
$245.00
1-cum:IN
TOTAI.cosr LESS TRADE IN(S)QTY 2 $55,614.00
:Estimated Annual pay-“ems (or -so mmmis paid an audvuncet $6,339,430 Exlentledz $12,579.21
’
lvlunlcipul ilrlance ruvany nsse-ntlnl use vcniue.requires Iendarapprnval,wnc
Ounirnanli
VEHICLE ouo'rED av CHRISTI SELF GOVERNMENT ACCOUNT MANAGER m
‘I Want to be {our Flee!PruVldsr"
I appmelana the opportunity to submit ml;quoeauon.Please rmdowlt oarulully.timer»any any errors or dwllges,please real baa I
n
conta
ct
meatanylimo.
I am always happy to be of assurance.
Pag
e
1of1Nu>A—A11AI~rnc BEACH,cmr oF—x1c J.0DA#35203—2_CluoKe.PDF
Agenda Item #8.A.10 Jan 2022Page 15 of 77
Page 16 of 77
AGENDA ITEl\/I:
SUBIVIITTED BY:
TODAY’S DATE:
RJEETING DATE:
BACKGROUND :
BUDGET:
RECOMMENDATIONS:
ATTACHMENT:
REVIEWED BY CITY MANAGER:Vu-
STAFF REPORT
CITY OF ATLANTIC BEACH
COl\/IIVIISSION NIEETING
Resolution No.22-03 approving the extension of Suzann
eGreenasSpecial]\/[agistrate for a terrn of one ear.
Angela Irizarry,Code Enforcement omeer
December 20,2021
January 10,2022
The City of Atlantic Beach contracts with attorney Su
zan
ne
Green
to serve as special magistrate to hear matters reg
ardi
ng
code
enforce:-nent,dangerous dog cases and other rnatters asmaybe
necessary and applicable.In accordance with Sec.2
—
14
3
(e)
ofthe
municipal code of the City of Atlantic Beach,the te
r
m
ofthe
magistrate is for one year and may be extended for on
e-
ye
ar
terms
by resolution of the City Commission.
Funding for special magistrate services was approved intheFY
2021-22 budget (OOl—1006—524.34-00 Code Enforcern
ent—
Other
Contractual Services)in the amount of $24,000.
Staff recommends that City Commission approve Res
olu
tio
n
No.
22-03,which (1)extends the tern-A of Suzanne Green asspecial
magistrate for one year;and (2)authorizes the any m
an
ag
er
to
execute contracts and purchase orders to effectuate the of
the resolution.The city attorney will review the contract beforeits
execution.
Resolution No.22-D3
Agenda Item #8.B.10 Jan 2022Page 17 of 77
RESOLUTION NO.22-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXTENDING THE
TERM OF SUZANNE GREEN AS SPECIAL MAGISTRATE FOR ONE YEAR;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,the City retained the Special Magistrate services of Suzanne Green as
approved in Resolution No.21-13;and
WHEREAS,the City of Atlantic Beach Code of Ordinances Sec.2-143 (e)stipulates that
the annual term of Special Magistrate may be extended upon adoption of a resolution of the City
Commission;and
WHEREAS,the City of Atlantic Beach desires to extend Suzanne Green’s term as Special
Magistrate for one year.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
Section 1.The City Commission hereby extends the term of Suzanne Green as Special
Magistrate to perform Special Magistrate services.
Section2.Funds are available for this purpose in Account No.001-1006-524.34-O0 Code
Enforcement-Other Contractual Services.
Section 3.The City Manager is hereby authorized to execute the contract 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 of Atlantic Beach this 10”‘day of January,2022.
Mayor
Attest:
Donna L.Bartle,City ClerkApprovedastofromandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.B.10 Jan 2022Page 18 of 77
AGENDA ITEIVI
SUBIVI [TTED BY:
TODAY’S DATE :
NIEETING DATE:
BACKGROUND :
BUDGET:
RECONINIENDATION:
ATTACHIVIENT:
REVIEVVED BY CITY IVIANAGER:
CITY OF ATLANTIC BEACH
CITY COIVIIVIISSION IVIEETING
STAFF REPORT
Resolution No.22-04 approving the engineering services for I2”
water main installation near North Sherry Drive
7;!Troy Stephens,Public Utilities Director
Decernber 20,2021
January 10,2022
Staff received a Continuing Contract Agi'een1ent frorn Crawford,l\/
Iurphy&Tiller,lne.,in the arnount of$92,l38.0D.This Agreement i
s
toprovide
professional engineering services for reinforcing the City’s w
at
erdistributionsystemintheinstallationofanew12”water main,there
foreincreasingthewaterpressureandflowatthenortherlyextento
f
thewater
distribution system at Joseph Finegan Elementary School and so
ut
h
along
the frontage oflvlayport Road to beyond the lvlayport Coastal Sc
ie
nc
es
l\/liddle School.This project will include the installation ofa water
main tentatively planned in and along an FDOT drainage and u
ti
li
t
y
easement which exists approximately 1600’north of the conne
ction
at
Oceanwalk Comrnunity.Two (2)alternative locations will be ev
al
ua
te
d,
and the selected alternative will be designed for approximately 800L.F.
westerly to interconnect vvith the existing 1 0”water main at
Road.The total design footage ofpipeline will be approximately 4,900
L.F.
The tasks included in the Scope &Fee Agreement include pe
rn
?tt
in
g,
design,bidding assistance and perforrnanee ofconstruction a
d
i
n
i
r
ii
s
t
r
a
ti
o
n
services for the improvements.Further details are outlined i
n
th
eAttachinenttoAgreementWot‘lc Oder (attached)from Crawford,I\/
(urphy&Tilly,Inc.
Funds are budgeted in the infrastructure account 400-S504-
S33~63-O0underprojectnumberAR2203.
Approve Resolution No.22-04
1)Resolution No.22-04
2)Agreement from Crawford,Ix/lurphy &Tiller,Inc.
3)lVIap-Sherry Drive Vi/ater lvlain
Agenda Item #8.C.10 Jan 2022Page 19 of 77
RESOLUTION NO.22-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
APPROVING THE ENGINEERING SERVICES FOR A 12”WATER MAIN
INSTALLATION NEAR NORTH SHERRY DRIVE;AUTHORIZING THE
CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,on December 10,2021,staff received a Continuing Contract Agreement from
Crawford,Murphy &Tiller,Inc.,in the amount of $92,138 to provide professional engineering
services for the installation ofa new 12”water main near North Sherry Drive;and
WHEREAS,an engineering proposal by Crawford,Murphy &Tiller,Inc.,provided the City
with a scope of work to include permitting,design,bidding assistance and performance of
construction administration services;and
WHEREAS,funds for this design are budgeted in infrastructure account 400-5504-533-63-00
under project number AR2203.
NOW THEREFORE,be it resolved by the City Commission ofthe City ofAtlantic Beach as
follows:
SECTION 1.The City Commission hereby authorizes the City Manager to execute the
Continuing Contract Agreement with Crawford,Murphy &Tiller,Inc.,in the amount of $92,138.00
for Engineering Services related to the installation of a new 12”water main as described in the
Crawford,Murphy &Tiller,Inc.,contract agreement,and;
SECTION 2.The City Commission hereby authorizes the City Manager to approve a
Purchase Order to Crawford,Murphy &Tiller,Inc.,in the amount of $92,138.00 for said contract
agreement.
SECTION 3.Funds for this purpose are budgeted in infrastructure account 400—5504-533-
63-00 under project number AR2203.
SECTION 4.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 10”‘day of January,2022.
Attest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.C.10 Jan 2022Page 20 of 77
Attachment to Agreement
Sherry Drive Water l\/Iain Improvements
VVORK ORDER:
between
City of Atlantic Beach
and
Crawford,l\/[urphy &Tilly,Inc.
TPIIS DOCUMENT,executed this day of .2022,is VVO
RK
ORDE
RItoContract,City of Atlantic Beach (“Owner”)and Crawford,lvlurphy Tilly,Inc.
(“Engineer”)on 2022 (herea?er called “Vi/ork Order”).
A.GENERAL
The Owner and Engineer have entered into a Continuing Contract (“Agreernei1t”)w
hi
c
h
provides
that,frorn tirne to time,the “Ovimer xnay request that Engineer provide professional ser
vic
es
for
Speci?c Projects,"and “each engagement will be documented by a Vvork This
document is a VVork Order.The Agreement sets forth the general terrns and cond
ition
s
which
shall apply to this Vvork Order.
13.DESCRIPTION OF ASSIGNMENT
This Work Order is for Professional Engineering Services in connection with the Ci
ty’
s
effortsto
design for the installation ofa new 12”water main along the unimproved portion of S
h
er
ry
Drive
(a 50’R/W)from the northwest corner of the Oceanwalk Community then for
approximately 2,720 L.F.within and along the existing unimproved right ofway to t
h
e
improv
edportionofSherryDriveNorthatPioneerDriveandcontinuingnortherlyforapproxima
tely
1.300
L.F.to Wonderwood Drive where the new water main will be connected to an existi
ng
8”water
inain serving the existing Joseph Finegan Elementary School.
The project will also include the installation of a new water main tentatively pl
a
n
n
e
d
inand
along an FDOT drainage and Utility easernent which exists approximately 1600’no
rth
ofthe
connection at Oceanwalk Community.Two (2)alternative locations will be evaluat
ed,
andthe
selected alternative will be designed for approximately 800 L.F.westerly to interconnec
t
withthe
existing 10"water 1-nain at lvlayport Road.The total design footage of pipe
line
willbe
approximately 4,900 L.F.
C.PROJECT OVERVIEVV
'l'he intent of the proposed project is to reinforce the City’s water distribution syste
m
by
increasing the water pressure and Flow at the northerly extent of the water distribution systemat
Joseph Finegan Elementary School and south along the Frontage of lvlayport Road tbeyo
nd
the
Ivlayport Coastal Sciences Middle School.Agenda Item #8.C.10 Jan 2022Page 21 of 77
D.SCOPE OF SERVICES
Part 1:Design from the northwest comer of Oceanwalk Community a 12”water main
that will connect to the existing 10”water main at this location and continue north to
Wonderwood Drive where it will connect to an existing 8”water main.
Part 2:Identify most appropriate location for a 12”water main north of the connection at
Oceanwalk with the 12”water main continuing westerly to Mayport Road and inter-tie
with an existing 10”water main at this location.Upon acceptance of the Department of
Public Utilities of the proposed location,design the 10”water main inter-tie and assist the
Department of Public Utilities in obtaining easements,if necessary.
Topographic survey will be provided in this task order and will be used for the layout of the
proposed water main.This work order scope also includes Subsurface Utility Engineering
services (SUE)for the location of existing water distribution mains and other utilities found to be
in close con?ict with the proposed construction.We do not anticipate the need for a geotechnical
investigation,environmental evaluation,R/W mapping,easement acquisition,and
landscape/irrigation design services.
We anticipate plans and speci?cations to be submitted for review and approval by Department of
Public Utilities staff at the 60%and a ?nal submittal for bidding purposes.A cost estimate will
be submitted for the Department of Public Utilities use at the Final design stage.A construction
permit application will be submitted to the Florida Department of Environmental Protection
(FDEP)for the water main construction and to the Florida Department of Transportation (FDOT)
for workinside the FDOT right of way and easement.We do not anticipate Water Management
District permitting,or sanitary sewer utility replacement or adjustments within the project area.
E.PROJECT TASKS
1.00 Design Plans:
A.Develop 60%design of water main running along the unimproved portion of Sherry
Drive.This preliminary design will take the most ef?cient route possible without the
indiscriminateremoval of large trees.This design route will continue north within the
improved portion of Sherry Drive N.to Wonderwood Dr.avoiding large specimen
trees and other underground utilities within the right—of-way.
B.Evaluate and determine the most appropriate location for a 12”water main north of
the connection at Oceanwalk with the 12”water main continuing westerly to Mayport
Road and inter-tie with an existing 10”water main at this location.Upon approval of
the proposed location by Department of Public Utilities staff,develop 60%design of
the water main inter-tie and prepare draft easement documents,if necessary.
C.Contact R/W utility users in an attempt to identify utility con?icts and coordinate
D.Conduct a 60%design review meeting with Department of Public Utilities staff.E.Address any Department of Public Utilities staff comments and develop Final watermainplansincludingutilitypro?le sheets for horizontal directional drilling (HDD),utility details along with project speci?cations.F.Work with Department of Public Utilities staff as necessary to assist with:i.Advertisementfor Bids sheetii.Bid Form and Agenda Item #8.C.10 Jan 2022Page 22 of 77
iii.Engineers Estimate
iv.“Front-end”documents are not included as part of the scope of services.Rather all
“back-end documents”will be provided to the Department of Public Utilities to be
include as part of the Department of Public Utilities prepared Contract Documents.
2.00 Permitting:
A.Prepare and submit permit application documents to the FDEP for water main
construction approval.This includes responses to agency request for additional
information (RAI)based upon the submitted supporting documents.
B.Prepare and submit permit application documents to the FDOT for a right-of—way
construction permit.This includes responses to agency request for additional
information (RAI)based upon the submitted supporting documents.
F.PROPOSED STAFFING
The following staff is proposed for performing the services authorizedin this Work Order.
Labor Classi?cation Assignment
Project Manager Engineering Design /Project Control
Engineer Engineering Design
Senior Designer Engineering Design/Plans Production
Proposed Subconsultants
The following subconsultants are proposed for professional services related to this assignment:
Bradshaw-Niles&Associates,Inc Topographic Survey and Mapping
To Be Determined Underground Utility Locating Services
G.DELIVERABLES
60 %Design Plans
Final Design Plans/Speci?cations
Cost Estimate
H.CITY RESPONSIBILITIES
The Owner will designate Mr.Steve Swann,City Engineer,as the Owner’s project representative
and primary contact for the Engineer.The Engineer will rely on the Owner’s designated project
I.COMPENSATIONTOTAL $92,138.00Pleaseseeattachedfeespreadsheetforcostbreakdown.Agenda Item #8.C.10 Jan 2022Page 23 of 77
IN WITNESS WHEREOF,the parties hereto have executed Work Order to be effective as of the date
?rst above written.
OWNER:ENGINEER:
City of Atlantic Beach Crawford,Murphy &Tilly,Inc
1200 Sandpiper Lane 7400 Baymeadows Way
Atlantic Beach,FL 32233 Jacksonville,FL.32256
By:By:
Name:Steve Swann Name:Paul E.Ina
Title:City Engineer Title:Group Manager,ST FL
Date Signed:Date Signed:Agenda Item #8.C.10 Jan 2022Page 24 of 77
N w 12"'mrrI 2920 vunnae-wood Dr
to Cast sum»of rrayp -rtl~1,
3/0 .:—
Sherry Dr 8-VVondervvuod D
r1300LF
New 12"fru Sherry Dr Cutof
fNonhIoEx:mg 5"
1850 LF
Sherry Dr Culnlf
FrnrnMaypDrl Rd 10''lo
Sherry Dr.New 12"
New I2"from Ocean Vvalk 10
"to Sherry Dr cumrf
sso LF
Flgure 3 -Map Shovvlng
Recommended Plplng Improvements
Flgure 3 —Recommended Plplng Improvements
J.COLLINS ENGINEERING Assocmrss.LLC P
a
g
e
23
Agenda Item #8.C.10 Jan 2022Page 25 of 77
Page 26 of 77
CITY OF‘ATLANTIC BEACH
CITY COMMISSION l\/IEETING
STAFF REPORT
Resolution No.22-05,Resolution No.22-06,Resolution No.
Resolution No.22-08
AGENDA ITEIVI
SU]3lVIITTED BY:Amanda Askew,Director of Planning and Community Developm
ent __u
TODAY’S DATE:Decernber 22,2021
MEETING DATE:January 10,2022
SUMMARY:The Environmental Stewardship Committee (ESC)has norninated 5 lan
dm
ark
trees
to be designated as Heritage Trees.These trees have been selected because oftheir in
tri
ns
ic
value
due to their size and age.
Two live oak trees located in Dutton Island Preserve are designated by Resolution 22-
05.
Thetree
to the west is a live oak witlt a diameter of 33 inches.The tree to the east is a live oa
k
witha
dian-leter of47 inches.Tlie trees are located east of the pavilion and bathrooms in Island
Preserve.The ESC is affectionately referring to this tree as “The Preservation Oaks".
Resolution 22-06 designates a double live oak located in Tideviews Preserve.The live o
a
k
hastwo
trunks totaling 23 cornbined 55 inch diameter and is estirnated to be 124 years old.The tr
e
e
islocated
along the wood walkway in Tideviews Park.The ESC is nan-ling this tree “The Tidevie
ws
Tree".
Resolution 22-07 designates a 62-inch diameter live oak tree located at 1959 Brista De l\/
Ia
r
Circle.
This tree hugs private and public property and will be designated as a public I-Ieritage Tree
.
The
property owner has named this tree “Guardian of Brista".This tree is approxirnately yearsin
age.
Resolution 22-08 designates a 32 inch live oak located at the north corner of l9"‘Street andNoi1l1
Sherry Drive.The tree is estimated to be 128 years old.The ESC has nan-led thi
s
tree“The
Cornpanion Tree”.
A ceremony is planned for January 21 ,2022,celebrating the designations at the Cit)/’s 2
0
2
2
Arbor
Day observance event.
According to city Code Section 23-41 (a)“The City Commission may by resolution desig
nateindividualheritagetrees.”Although a I-Ieritage Tree designation does not prevent a tre
e
fro
m
ever
being ren-loved,it rnakes it n-lore difficult and costly to remove.Protected trees must rniti
gate
d
at a rate of one inch for every two inches removed;a Heritage Tree must be rnitigated atarateof
one inch for every inch renioved.
According to the City of Atlantic Beach Tree Protection Code definitions,Heritage T
re
es
oncity-
owned property (parks and rights—of-way)are “any tree detenninecl by the City Cornrnis
sion
tobe
of unique or intrinsic value due to its age,size.species.and/or cultural,ecological histo
rical
Agenda Item #8.D.10 Jan 2022Page 27 of 77
signi?cance or some other contribution to the eity’s character,speci?cally including allcypress,
live oak and magnolia trees with a diameter 30 inches or greater.”
The live oak is estimated to be 168 years in age.
REC0l\/Il\/IENDATION:The City Commission approve Resolution No.22-05,Res
olu
tio
n
No.22-06,Resolution No.22-07,and Resolution No.22-08 designating 5 live oak tr
ee
s
aspublic
Heritage Tree.
BUDGET:Less than $150 on a rnarker identifying the Heritage Tr
ee
ATTACI-Il\’]ENTS:1 .Resolution No.22-05
2.Resolution No‘22-06,
3.Resolution No.22-07.
4.Resolution No.22-08
6.Photographs ofTrees
7.Location Map
REVIEWED BY CITY IVIANAGER:Agenda Item #8.D.10 Jan 2022Page 28 of 77
RESOLUTION NO.22-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,DESIGNATING
A 33-INCH DIAMETER LIVE OAK TREE AND 47-INCH DIAMETER LIVE OAK TREE
AS HERITAGE TREES IN DUTTION ISLAND PRESERVE;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,Atlantic Beach’s tree canopy beautifies our community and improves the lives of our citizens
and visitors by bringing nature to our urban environment and preserving environmental sanctuaries for connection
with the natural world;and
WHEREAS,the City Commission of the City of Atlantic Beach desires to be a good steward of the tree
canopy,particularly specimens of physical and historical signi?cance;and
WHEREAS,the City Commission has the ability to designate individual trees as Heritage Trees according
Section 23-41 (a)of the Atlantic Beach Code of Ordinances;and
WHEREAS,the Heritage Tree designation runs with the property and doubles the mitigation ratio if the tree
is ever removed;and
WHEREAS,the City Commission created the Environmental Stewardship Committee in 2017 to serve as
curators of our environment,thus creating a legacy for future generations of our community;and
WHEREAS,as its 2022 Arbor Day project,the Environmental Stewardship Committee has nominated a 33-
inch-diameter live oak next to a 47-inch-diameter live oak tree in Dutton Island Preserve as a Heritage Tree;and
WHEREAS,the nominated trees have a 103.67-inch circumference and a 147.65-inch circumference;are
approximately 132 years old and 188 years old;were selected because of its intrinsic value due to its age and size;and
is nicknamed “The Preservation Oaks”;and
WHEREAS,the Environmental Stewardship Committee will hold an event on January 21,2022
commemorating Arbor Day and celebrating the Heritage Tree designation.
NOW,THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach:
SECTION 1.The City Commission hereby designates a 33-inch diameter live oak and 47-inch-diameter live
oak in Dutton Island Preserve as a “Heritage Tree.”
SECTION 2.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,on this 10th day of January,2022.
Attest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.D.10 Jan 2022Page 29 of 77
ge Tree Designations 2022
Agenda Item #8.D.10 Jan 2022Page 30 of 77
Heritage Tree Designation
The City of Atlantic Beach is seeking to nominate 5 trees for
the 2022 Arbor Day Celebration.
According to the Atlantic Beach Tree Code definitions,
Heritage Trees are ”any designated maritime species that is
thirty (30)inches DBH or greater and declared bythecity
commission to be of unique or intrinsic value due toitsage,
size,species,and/or cultural,ecological or historical
significance or some othercontributionto the city’sor a
neighborhood'scharacter and which is in good condition,
as determined by an arborist;a|so,anytree designated as a
Florida State Champion,United States Champion,or World
Champion by the American Forestry Association which has
been designated to bea heritage tree by the city
commission”.Agenda Item #8.D.10 Jan 2022Page 31 of 77
Heritage Tree Designation
°According to Section 23-41 (a)”The City
Commission may by resolution designate
individual heritage trees.”
-A Heritage Tree designation does not prevent a
tree from ever being removed,butit doesmake it
more difficultandcostly to remove.
°Protected trees have to be mitigated at a rate
determined by the diameter at breast height and
property classification.A Heritage Tree has to be
mitigated at a higher rate in all categories.Agenda Item #8.D.10 Jan 2022Page 32 of 77
”The Preservation Oaks”
-The City of Atlantic Beach is seeking to
nominate two (2)Live Oaks in Dutton Island
Preserve as Heritage Trees.The Live Oak to
the west is approximately 33 inchesin
diameter and the treeto theeastis
approximately42inchesindiameter..
The trees are estimatedtobeis approximately
132 and 188 years old.Agenda Item #8.D.10 Jan 2022Page 33 of 77
Agenda Item #8.D.10 Jan 2022Page 34 of 77
”The Tideviews Tree”
°The City of Atlantic Beach is seeking to
nominate a double Live Oak in Tideviews
Preserve as a Heritage Tree.The Live Oak is
approximately 55 inches in diameter
combined.
°The tree isestimatedto beisapproximately
124 years old.Agenda Item #8.D.10 Jan 2022Page 35 of 77
Agenda Item #8.D.10 Jan 2022Page 36 of 77
”Guardian of Brista”
-The City of Atlantic Beach is seeking to
nominate a Live Oak at 1959 Brista De Mar
Circle as a Heritage Tree.The Live Oakis
approximately 62 inches in diameter
combined.
-The tree is estimatedto beis approximately
248 years old.Agenda Item #8.D.10 Jan 2022Page 37 of 77
Agenda Item #8.D.10 Jan 2022Page 38 of 77
”The Companion Tree”
-The City of Atlantic Beach is seeking to
nominate a Live Oak at the north corner of
19”‘Street and North Sherry Drive as a
Heritage Tree.The Live Oak is approximately
32 inches in diametercombined.
-The tree isestimated to be is approximately
128 years old.Agenda Item #8.D.10 Jan 2022Page 39 of 77
Agenda Item #8.D.10 Jan 2022Page 40 of 77
”Guardian of
"The Companion
Tree”
"The Preservation 5‘
Oaks”'
I T‘:_.5I
”The Tideviews
Tree”Agenda Item #8.D.10 Jan 2022Page 41 of 77
Page 42 of 77
RESOLUTION NO.22-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,DESIGNATING
A 24-INCH AND 31-INCH DIAMETER D O U B L E L IVE OAK TREE AS A HERITAGE
TREE IN TIDEVIEWS PRESERVE;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,Atlantic Beach’s tree canopy beautifies our community and improves the lives of our citizens
and visitors by bringing nature to our urban environment and preserving environmental sanctuaries for connection
with the natural world;and
WHEREAS,the City Commission of the City of Atlantic Beach desires to be a good steward of the tree
canopy,particularly specimens of physical and historical significance;and
WHEREAS,the City Commission has the ability to designate individual trees as Heritage Trees according
Section 23-41 (a)ofthe Atlantic Beach Code of Ordinances;and
WHEREAS,the Heritage Tree designation runs with the property and increases the mitigation ratio ifthe tree
is ever removed;and
WHEREAS,the City Commission created the Environmental Stewardship Committee in 2017 to serve as
curators of our environment,thus creating a legacy for future generations of our community;and
WHEREAS,as its 2022 Arbor Day project,the Environmental Stewardship Committee has nominated a
combined 55-inch-diameterdouble live oak tree in Tideviews Preserve as a Heritage Tree;and
WHEREAS,the nominated tree has a combined 172.78—inchcircumference;is approximately 124 years old;
was selected because of its intrinsic value due to its age and size;and is nicknamed “The Tideviews Tree”;and
WHEREAS,the Environmental Stewardship Committee will hold an event on January 21,2022
commemorating Arbor Day and celebrating the Heritage Tree designation.
NOW,THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach:
SECTION 1.The City Commission hereby designates a combined 55-inch diameter double live oak in
Tideviews Preserve as a “Heritage Tree.”
SECTION 2.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,on this 10th day of January,2022.
Ellen Glasser,Mayor
Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.E.10 Jan 2022Page 43 of 77
Page 44 of 77
RESOLUTION NO.22-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,DESIGNATING A 62
INCH-DIAMETER LIVE OAK TREE AT 1959 BRISTA DE MAR CIRCLE AS A HERITAGE
TREE;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,Atlantic Beach’s tree canopy beauti?es our community and improves the lives of our citizens
and visitors by bringing nature to our urban environment and preserving environmental sanctuaries for connection
with the natural world;and
WHEREAS,the City Commission of the City of Atlantic Beach desires to be a good steward of the tree
canopy,particularly specimens of physical and historical significance;and
WHEREAS,the City Commission has the ability to designate individual trees as Heritage Trees according
Section 23-41 (a)ofthe Atlantic Beach Code of Ordinances;and
WHEREAS,the Heritage Tree designation runs with the property and increases the mitigation ratio if the tree
is ever removed;and
WHEREAS,the City Commission created the Environmental Stewardship Committee in 2017 to serve as
curators of our environment,thus creating a legacy for future generations of our community;and
WHEREAS,as its 2022 Arbor Day project,the Environmental Stewardship Committee has nominated a 62-
inch-diameter live oak tree on Brista De Mar Circle as a Heritage Tree;and
WHEREAS,the nominated tree has a 194.78-inch circumference;is approximately 248 years old;was
selected because of its intrinsic value due to its age and size;and is nicknamed “The Guardian of Brista”;and
WHEREAS,the Environmental Stewardship Committee will hold an event on January 21,2022
commemorating Arbor Day and celebrating the Heritage Tree designation.
NOW,THEREFORE,be it resolved by the City Commission ofthe City of Atlantic Beach:
SECTION 1.The City Commission hereby designates a 62-inch diameter live oak on Brista De Mar Circle
as a “Heritage Tree.”
SECTION 2.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,on this 10th day ofJanuary,2022.
Ellen Glasser,Mayor
Atte st:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.F.10 Jan 2022Page 45 of 77
Page 46 of 77
RESOLUTION NO.22-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,DESIGNATING
A 32-INCH DIAMETER LIVE OAK TREE AS A HERITAGE TREE ON THE CORNER
OF 19”‘STREET AND NORTH SHERRY DRIVE;AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,Atlantic Beach’s tree canopy beautifies our community and improves the lives of our citizens
and visitors by bringing nature to our urban environment and preserving environmental sanctuaries for connection
with the natural world;and
WHEREAS,the City Commission of the City of Atlantic Beach desires to be a good steward of the tree
canopy,particularly specimens of physical and historical significance;and
WHEREAS,the City Commission has the ability to designate individual trees as Heritage Trees according
Section 23-41 (a)of the Atlantic Beach Code of Ordinances;and
WHEREAS,the Heritage Tree designation runs with the property and increases the mitigation ratio ifthe tree
is ever removed;and
WHEREAS,the City Commission created the Environmental Stewardship Committee in 2017 to serve as
curators of our environment,thus creating a legacy for future generations of our community;and
WHEREAS,as its 2022 Arbor Day project,the Environmental Stewardship Committee has nominated a 32-
inch-diameter live oak tree at the corner of 19"‘Street and North Sherry Drive as a Heritage Tree;and
WHEREAS,the nominated tree has a 100.53-inch circumference;is approximately 128 years old;was
selected because of its intrinsic value due to its age and size;and is nicknamed “The Companion Tree”;and
WHEREAS,the Environmental Stewardship Committee will hold an event on January 21,2022
commemorating Arbor Day and celebrating the Heritage Tree designation.
NOW,THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach:
SECTION 1.The City Commission hereby designates a 32-inch diameter live oak at the corner of 19"‘Street
and North Sherry Drive as a “Heritage Tree.”
SECTION 2.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,on this 10th day of January,2022.
Ellen Glasser,Mayor
Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.G.10 Jan 2022Page 47 of 77
Page 48 of 77
CITY OF ATLANTIC BEACH
CITY COlVIlVIISSI()N MEETING
STAFF REPORT
AGENDA ITEIVI:Resolution 22-09 Bid 2122-02 AIA Force l\/lain Replace
ment
SUBIVIITTED BY:Troy Stephens,Public Utilities Director
TODAY’S DATE:December 22,2021
l\/IEETING DATE:January 10,2022
BACKGROUND:A Bid Opening was held on Decernber 15,2021 for Bi
d
212
2-
02:
AIA Force l\/[ain Replacement Project.The project consists of ?irnishing all labor,
and n1ale1'ials necessary to replace the Force l\/lain on A1Aa Erorn l\/[ontreal St.to Sh
ang
ri
LaDr.
The Force 1\/Iain that runs along A1 A,frorn l\/Iontreal to Shangrila,crosses through
Creek.Due to the age and rnaterials used in the original construction of the Force l\/
Iai
n
along
AIA,the cornponents are crumbling and in need of replacement.
Five bids for the Force B/Iain Replacelnent were received on Decernber 15.2021 as onthe
table below.The low bid received was submitted by "Fhe Kenton Group in the amount of
$1 63,000.
Contractor DB Civil Gruhn l\/lay,Kirby T.G.Utility Kento
nConstruction,Inc.Development,Company.Inc.
LLC Inc.
Bid
$329,950.00 $182,723.00 $308,468.92 $323,977.00
BUDGET‘:Funds for this project are budgeted in the infrastructure acc
oun
t400-5504—S33—6300.
RECOIVIIVIENDATION:Award Bid 2122-02 to The Kenton Group in the amount of
$1 63,000.00,and authorize the City l\/Ianager to execute the
contract.
ATTACH-Il\/IENTS:1 .Resolution No.22-09
2.Bid 2122-02 Bid Tabulation
3.Ivlap —A1 A Force 1\/[sin Replacement
REVIEWED BY CITY MANAGER:4/."2 in F éj /.
/_(13 Y,Agenda Item #8.H.10 Jan 2022Page 49 of 77
RESOLUTION NO.22-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AWARDING BID #2122-02 FOR THE A1A FORCE MAIN
REPLACEMENT;AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND
AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,on December 15,2021,?ve bids were received and opened for City Bid
#2122-02 for the AIA Force Main Replacement Project;and
WHEREAS,the low bid price of $163,000 was received from The Kenton Group;and
WHEREAS,The Kenton Group submitted all required documents,in their bid submittal
and positive references were received;and
WHEREAS,the project consists of furnishing all labor,equipment and materials
necessary for the replacement of the deteriorated Force Main along AlA,from Montreal Street to
Shangri La Drive;and
WHEREAS,funds are available for this project in account 400-5504-533-6300;and
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1.The City Commission hereby awards Bid 2122-02 to The Kenton Group in
the amount of $163,000 to perform the work for said bid in accordance with the bid speci?cations;
SECTION 2.The City Commission hereby authorizes the City Manager to execute the
Contract with The Kenton Group;
SECTION 3.Funds are available for this project in account 400-5504-533-6300.
SECTION 4.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 10”‘day of January,2022.
Attest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.H.10 Jan 2022Page 50 of 77
la/unddvuogssgunuog m sgsaeuvzuatuuedauuo paseq me;o pmmv
00’000‘£9I$00'LL6‘£Z£$Z6'89i7‘80£$00'£ZL‘Z8I$00'0S6‘6Z£$’"°"'°°"‘d°“"WW
93.103VIV .10;[3301 lung dumq
ti"pv
V/N V/N V/N V/N V/N J0 uopeluxguog)uaupm
(sanzp pus
X X X X X 29 Suguug?aq pun uopdgnsap
qo_f/M)5 —saauaxapg
X X X X X 33lIB.lllSl.lI
X X X X (puma uodn apwud mm)ON “*3/"Z ‘s“’!°“““*3
F‘
X X X X X
pnno.li’s‘.1apu[1.10 .lo;:m.uuo;)
[tuauog -suogmagglsni)
X X X X X s.nza£5 -aouag.nd’x;.[J0 _;oo.1J
X X X X X ?gaaau xe_L ssaugsng
X X X “O X IIIJOJ lI0nEu.l.l0_II.lI JOPIIQA MQN
X J X X X X ““°3 ‘J!""A"~"
X X X X X SIl0!S!A0.l([spmaag ouqnd
X +1-xawamsswung £19115!vnqnaXXXX
X X X X X ao¢[d)[.xo,y\39.13 ?mq
X X I X X X "”‘’~*16'1“
X X X ’l3°|lC)smuseo X 9!“5°%9 'P"°9 P“!
X X X X L X ‘"‘°~*1 "9
J5!PI9"“I3XXXXXs1uamo.Ignba}11I[3lllll30(]
X X X X X
smamnaoq
uv -omud!1.L11!“0!S5!“"l“S
dnoxg)uomaxaql 'au1 ‘?uedmog 141311331)‘1 ‘ml ‘;uauHo]aAo(1Kqxpl ':!u1 ‘Kuwuqmg)3T1 ‘uo§;on.usno;)“AD gq SJl.l9lllll30([pax?bag
Z0-ZZIZ ma
IZOZ ‘SI -l°qm°3°(I
('.1([2'1 y?ucqg 0;MV [eanuow Iuo.1_;);aa[o.1,[;uau1a:na[da}1uguw 33.103VIV
‘P398 9!J'1¢IJV J0 KIDAgenda Item #8.H.10 Jan 2022Page 51 of 77
y\_..,\....:.
»A..\..5.
‘..WWu.NX.n.n.m?nuF
15KG/\J,N-U7./u.7
.33:...U Agenda Item #8.H.10 Jan 2022Page 52 of 77
CITY OF ATLANTIC BEACH
CITY COIVINIISSION NIEETING
STAFF REPORT
AGENDA ITEM:Resolution No.22-10 authorizing Architecture &Engineering Se
rvi
ces
For the Public works Building Renovation Project
'''rd’/l
SUBMITTED BY:seott williams,Public works Director 7/1
TODAY’S DATE:Decernber 28,202i
IVIEETING DATE:January 10,2022
BACKGROUND:Staff has been working with Alliant Engineering,lnc..o
ne
of‘the
Engineering Firms approved in l\/lay of2020 through the City‘s Request for Proposals for P
r
o
f
e
s
s
i
o
n
a
l
Engineering Services (RFQ#20—O1).speci?cally.in May of 202i,staff issued a Task
For Alliant Engineering to provide Professional Engineering Services For the Structural of‘
and Recon1n1endations for the Existing Public Works Building ($23,827.00).Preliminary pla
ns
were
received for a new addition on the south side of the existing building with some rernodeling effortsto
the existing structure and staffdecided to Focus more on modifying the entire existing stru
ctur
e
inlieu
ofthe new addition.Additionally,in Septernber of202 I ,staffissued a.Task Authorization forAlliant
Engineering to provide Proressional Engineering Services for an Alternative office Solu
tion
forthe
Public Works Building ($l4,500iO0).
Alliant Engineering,partnered with zona &Associates,Inc.(Architect),has presented aSch
ema
tic
Design Office Layout as the Alternative Office Solution which is better suited for our andis
included in the Contract Proposal dated December I7,2021 between Zona &Allianl.contract
proposal,in the amount or$6o,ooo,has been reviewed and approved by the City Engineer andPublic
Works Director,and will provide the City with Construction Drawings and Speci?cations inorderto
bid the Project,among other tasks described in detail within the Contract Proposal.
BUDGET:The FY 21-22 budget contains $950,000.00 budgeted in account 300
-
500
I—
S4l~62OO for the Public Works Bu’ding Renovations.The $
6
0
,
0
0
0
Task
Authorization to Alliant Engineering,lnc.will come out of theproject
funds.
REC()1\/I1\’IENDATI()N:Approve Resolution No.22 1 0 authorize slaffto issue a Task
to Alliant Engineering,Inc.in the amount of‘$60,000 to cover thecostof
their contract with Zona &Associates,P.A.to provide the se
rv
ic
es
as
described in the Contract Proposal dated December 17,202 l
ATTACHl\/IENTS:Resolution No.22-10
Contract Proposal between Zona &Associates,P.A.(Architect)and
Alliant Engineering,Inc.(Client)for Architecture &Engineering
Services For the Public Works Bu'lcling Renovation.
\//
REVIEVVED BY CITY l\/IANAGER:Agenda Item #8.I.10 Jan 2022Page 53 of 77
RESOLUTION NO.22-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO ALLIANT
ENGINEERING,INC.FOR ARCHITECTURE AND ENGINEERING SERVICES
FOR THE PUBLIC WORKS BUILDING RENOVATION PROJECT;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,staff has been working with Alliant Engineering,Inc.,one of the Engineering Firms
approved in May of 2020 through the City’s Request for Proposals for Professional Engineering Services
(RFQ#20—01);and
WHEREAS,speci?cally,in May of 2021,staff issued a Task Authorization for Alliant
Engineering to provide Professional Engineering Services for the Structural Evaluation of and
Recommendations for the Existing Public Works Building ($23,827.00).Preliminary plans were received
for a new addition on the south side of the existing building with some remodeling efforts to the existing
structure and staff decided to focus more on modifying the entire existing structure in lieu of the new
addition;and
WHEREAS,additionally,in September of 2021,staff issued a Task Authorization for Alliant
Engineering to provide Professional Engineering Services for an Alternative Of?ce Solution for the Public
Works Building ($14,500.00);and
WHEREAS,Alliant Engineering,partnered with Zona &Associates,Inc.(Architect),has
presented a Schematic Design Of?ce Layout as the Alternative Of?ce Solution which is better suited for
our needs and is included in the Contract Proposal dated December 17,2021 between Zona &Alliant;and
WHEREAS,this Contract Proposal,in the amount of $60,000,has been reviewed and approved
by the City Engineer and Public Works Director,and will provide the City with Construction Drawings
and Specifications in order to bid the Project,among other tasks described in detail within the Contract
Proposal;and
WHEREAS,the FY21-22 budget contains $950,000 budgeted in account 300-5001-541-6200 for
the Public Works Building Renovations.This $60,000 Task Authorization to Alliant Engineering,Inc.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach asfollows:SECTION 1.The City Commission hereby authorizes staff to issue a Task Authorization toAlliantEngineering,Inc.in the amount of $60,000 to cover the cost of their contract with Zona &Associates,P.A.to provide the services as described in the Contract Proposal dated December 17,2021.Agenda Item #8.I.10 Jan 2022Page 54 of 77
SECTION 2.The City Commission hereby authorizes the City Manager to execute said Task
Authorization and approve a Purchase Order.
SECTION 3.Funds are available for this purpose in Account No.300-5001-541-6200.
SECTION 4.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 10”‘day of January,2022.
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Brenna M.Durden,City Attorney
Resolution No.22-10 Page 2 of 2 Agenda Item #8.I.10 Jan 2022Page 55 of 77
BLAK -N E/—\ONDI5 AZC EWA &INTTJIQ3 355$”
CONTRA CT FOR
ARCHITECTURE &ENGINEERING SER VI
Atlantic Beach l\/Iaintenance Bldg.
Renovation
December 17,2021
This Agreement is for Complete Architectural and Engineering services for the reno
vatio
noftheCityofAtlanticBeachMaintenanceBuildinglocatedon800SeminoleRoad,
Atlantic Beach,FL between Zonal &Associates,P.A.(Architect),and Alliant
Engineering,Inc.(Client).
I.Pro ect De crl tlon
This project will consist of renovating an existing 2 —?oor building,approx.4
,
9
0
5
sq.R total.We will use the revised Schematic Drawings that were created b
y
ou
rofficeandapprovedbytheusergroup.The following list of renovation items wi
llbeincludedinthe?nal Design and Construction Documents included in this
proposal for Architectural and Engineering Services:
Selective Detnolition (Walls,Ceilings &Floors)
Add New Stairway and revise current stairway to meet codes
Add New Doors and windows as shown in drawings (Both Floors)
Add New Walls and New Drywall and Paint throughout
Relocate Existing A/C units (Include new ductwork as required by pl
an
s)Agenda Item #8.I.10 Jan 2022Page 56 of 77
Zona &Associates 2600 Belfort Road Jacksonville,FL.32216
Contract for Architecture and Engineering Services
City ofAtlantic Beach Maintenance Building
0 Update Toilets and add New Restrooms as shown hr the ?nal Documents
(Fixtures and Plumbing)
Provide New Lighting Fixtures (LED)
Add New Insulation in exteriorwalls and new roof system
Provide New Electrical supply and Panel boxes as required
Provide new Handicap Lift to meet provisions of the current FBC
Provide New Carpet or Vinyl Flooring as shown in New Documents
Replace Existing Roll Up Doors with sizes shown in the New Documents
Add new exterior Masonry walls on all 4 sides of existing building.
Add new Gutters and Downspouts
Provide New Roo?ng system per StructuralEngineers recommendations
including Limited Demo,removal of existing metal roof and add new purlins
and beams per Structural Engineer’s Study.
0 Replace existing low roof with installation ofa new roof system to match
main building.(No new Structure required)
0 Please find attached the Drawing Named:FLOOR PLANS REVISED O9 O7
21 which will be our layout document reference for this Proposal.
II.Basic Services Description
A.The Architect will rely on the approvedSchematicDesign Office Layout drawings
dated 09 O7 21 as the basis for design.Both parties,however,recognize that such
information may change by mutual consent,and,in that event,the Client and the
Architect shall appropriately adjust the schedule,the Architect’s servicesand the
Architect’s compensation if the changes are “material”.
B.The Architect’s Basic Services consist of those described in this Article III and
include the usual mechanical and electricalengineering services,but the structural
services are based on the previousStructuralAssessment completedby LJG
Engineering,Inc.whose recommendationswere accepted by the Client.Services
not set forth in this Article III are Supplementalor Additional Services.
C.The Architectshall coordinateits services with those services providedby the Client
and the Client’s consultants.The Architect shall be entitled to relay on (1)the
accuracy and completeness of the services and information furnished by the Client
and (2)the Client’s approvals.
constructionof the Project.The Architect shall reach an understanding with theClientregardingtheProjectrequirements.E.The Architect shall consider the relative value of alternative materials,buildingsystemsandequipment,together with other considerationsbased on program,2lPage 12/17 2021 Agenda Item #8.I.10 Jan 2022Page 57 of 77
Zona &Associates 2600 Belfort Road Jacksonville,FL.32216
Contract for Architecture and Engineering Services
City ofAtlantic Beach Maintenance Building
aesthetics,and any sustainableobjectives,in developing a design for the Project that
is consistent with the Client’s schedule and budget for the Cost of the Work.
F.Discuss any new ideas from the Client and Client Representativethat will help
?nalize the design and operationalscope of this project and incorporate same into
the preliminaryproject templates.
G.Prepare Design Development plans,sections,and elevations based on the outcome
of the previous Schematic Design approved by the Client for discussion and further
re?nement.Re?ne elevations as necessary to achieve the desired aesthetic as
determinedby the Architect and the Client.The Design Development package will
be based on sketches provided by the client for character and the Schematic Design
sketchesprovidedby Architect and approved by the Client.
H.If applicable,review schematicwork with Client and make any necessary changes
or contract adjustments required to establish an approvedplan from which design
development documents can be developed.
1.Prepare documents required to obtain planning approvalfor the project by the
reviewing authorities.This is expected to be consistentwith the information
providedby the Client.
J.Prepare ?nal Design Development Documents to include CAD base sheets,
additionalwall sections,basic details,window and door scheduleoutlines and
complete engineeringschematics including HVAC,Elec.,Plumbing,and Structural
Designs per the previous study by LJG Engineering.
K.Based on the Client’s approvalof the Design Documents,the Architect shall prepare
for the Client’s submittal Construction Documents consisting of Drawings and
Informationthat the local jurisdictionrequires in order to issue a permit to complete
the Project.The actual permits will be obtainedby the Client and their Contractor.
This phase will include all necessary coordinationof all requiredengineering.The
Client and Architectacknowledge that in order to construct the Work the Contractor
will provide additional information including Shop Drawings,Product Data,
Samples and other similar submittals,which the Architectwill review in accordance
with Section 13.
L.The Architect shall review and approve,or take other appropriateaction,upon the
Contractor’s submittals such as Shop Drawings,Product Data and Samples,but only
conceptnotforthepurpose of determining the accuracy and completeness of otherinformationsuchasdimensions,quantities,and installation or performance ofequipmentorsystems,which are the Contractor’sresponsibility.The Architect isnotresponsiblefortheapprovalofsafetyprecautions,or any other constructionmeans,methods,techniques,sequences or procedures.3jPage 12/17 202!Agenda Item #8.I.10 Jan 2022Page 58 of 77
Zona &Associates 2600 Belfort Road Jacksonville,FL.32216
Contract for Architecture and Engineering Services
City ofAtlantic Beach Maintenance Building
M.Provide day to day design and engineering support during the constructionprocess
III.
4lPage
to ensure all questions are addressedin reasonable time.Review shop drawings,
technicalsubmittalsand pay request documentationwith quick and decisive
professionalresponses.If there are any con?icts or oversights by our consultant
group in our contract documents,it is the responsibility of the Architect to provide
this additionalinformation or amended details at no additional cost to the clients.
Design and Construction are not perfect sciences but a team effort to do the best job
possible to help create a good and fully functional facility in which all parties
involved can take pride at its completion,commissioning and ultimate functionality.
The Architect shall advice and consult with the Client during the Construction Phase
Services.The Architect shall visit the site at intervals appropriateto the stage of
constructionto become generally familiar with the progress and quality of the
portion of the Work completed,and to determine,in general,if the Work observed
is being perfomied in a manner indicatingthat the Work,when fully completedwill
be in accordance with the Contract Documents.However,the Architect shall not be
required to make exhaustive,or continuouson-site inspections to check the quality
or quantity of the Work.The Architect shall not have control over,charge of,or
responsibilityfor the constructionmeans,methods,techniques,sequences or
procedures,or for safety precautionsand programs in connection with the Work,nor
shall the Architect be responsiblefor the Contractor’s failure to perform the Work in
accordance with the requirementsof the Contract Documents.The Architect shall
not be responsible for,acts or omissions of the Contractor or of any other persons or
entities performing portions of the work.
Prepare ?nal close-out review of the project including the Contractor’s punch list
resolution,?nal pay and retention release documentationand contract closure.
Additional Services Description
The basic servicesoutlined above will be an all-inclusivepackage to cover
Design Development through ?nal Contract Documents required for permitting and
project completion.
The Architect shall provide servicesnecessitatedby a change in the Initial
Information,changes in previous instructions or approvalsgiven by the Client,or a
material change in the Project including size,quality,complexity or the Client’s
schedule as an Additional Service.Additionalservices may be provided after the
execution of this Agreement without invalidating this Agreement.
or ?xed fees based on the new and/or additional scope de?nition.These serviceswillbeofferedanddescribedinaFeeandServicesProposalwhichcouldinclude,but are not limited to:l2/l7 2021 Agenda Item #8.I.10 Jan 2022Page 59 of 77
IV.
VI.
5|Page
Zona &Associates 2600 Belfort Road Jacksonville,FL.32216
Contract for Architecture and Engineering Services
City ofAtlantic Beach Maintenance Building
1.Professionalrendering of the ?nished product (beyond Z&A work shown
previously for other projects).Four high quality renderings (exterior and
interior)similar to others which we are able to do in-house,are included in the
basic services contract.Additional renderings will be available as a pass—thru
reimbursable.
2.Interior design servicesrequired for selection,procurement and/or installation
of furniture and fumishings.(Layout is included in Basics)
3.Surveys,soil boring,botanists,and specialty engineering services that may be
required.
4.Civil Engineers and Landscape Architects
5.Scale models for use in the model center if desired.
6.Technical Speci?cations (If desired,will be a pass—thrureimbursable)
Project Qualitvand Budget Expectations
The quality level of this project can be best described as consistent with the recent
standardsin general area and as referenced by the clients as appropriatefor the
marketplace.Budgets will be establishedas soon as there is agreement on the
overall design concepts and building systems are conceptually identi?ed.The
budget will be continuously revised as more detail is known about the scope and
quality of the project.
Project Schedule
Work can begin immediately upon acceptance of this Agreement and receipt of the
retainer.Client further understandsthat Z&A does not control consultant and/or
city and/or state agencies and their holiday scheduleand delays may be incurred.
Client Responsibilities
The Client will be responsibleto deliver to the Architect accurate surveys to
describe physical characteristics,legal limitationsand utility locationsfor the site of
the Project,topographicaldata and test boring analyses and recommendations.The
Client will also obtain any necessary Site planning permits requiredby the local
authorities.The Architect and various Engineers will provide the design and
technicaldocuments necessary for the submittal.In order to maintain the
deliverablestimeline by the Architect,Client/Client will be prompt (within a 10-
team to respond to the comments in time for them to be included in the nextsubmittaltotheClient/Client.12/17 2021 Agenda Item #8.I.10 Jan 2022Page 60 of 77
VII.
VIII.
IX.
6|Page
Zona &Associates 2600 Belfort Road Jacksonville,FL.32216
Contract for Arc/titecture and Engineering Services
City ofAtlantic Beach Maintenance Building
Architect/Engineering Liabilities
The Architect and Engineers must hold required current licenses to practicetheir
respective professions in the appropriatestate and sign and seal their respective
drawings and details as required for permitting.The Architect and his consultants
will carry appropriatelevels of E+O insurance and general liability coverage.
Deliverables
Periodiccopies of progress work will be provided to the Client for review and
comments throughout the evolution of the design process.In addition,record sets
of documents or conclusion of groups of activities will be provided for review at the
completionof the following milestone activities:
All necessary Engineering Services will be incorporatedinto the
Construction/ContractDocuments and be co-coordinatedwith each other.Technical
speci?cations will be preparedjointly by the Architect and General Contractor and
speci?cationswill be incorporatedinto the Contract/ConstructionDocuments as
notes and Drawing Sheets.It is the Contractor’s responsibilityto obtain all
necessary building permits for the project.
Fee and Payment Schedule
The A/E fee will be $60,000 be paid in accordance with the following schedule.
Retainer (Due upon execution ofthe Contract).5,000
**Complett'on ofDesign Development 5 .............$15,000
Completion of100%Construction Docs ................................$25,000
ContractAdministration(spread 6 Months over job)..............."$5,000
Total Con tract Am ount $60,000
Unless otherwise agreed,payments for services shall be made monthly in proportion
to services performed.Payments are due and payable upon presentationof the
Architect’s invoice.All payments must be received within 15 days of the delivery of
the invoice or work will be suspendeduntil payment is received.Project dates will
be extended accordingly
12/17 2021 Agenda Item #8.I.10 Jan 2022Page 61 of 77
XII.
Zona &Associates 2600 Belfort Road Jacksonville,FL.32216
Contract for Architecture and Engineering Services
City ofAtlantic Beach Maintenance Building
Reimbursable Expenses
Project Engineering Services included in this proposal are Mechanical,
Plumbing,Electrical,Structural and Fire Protection.Additional Engineering
services which mav be needed are contracted directlv with the clients such as:
0 Civil Engineeringand Landscape Architecture(engaged directly with clients
or treated as a reimbursableexpense)
0 Soils Engineering (Including Soils Borings)
0 Property Survey (engaged directly with clients or treated as a reimbursable
expense)
0 Threshold Inspector (During Structural Construction)
0 Speci?cation Writers-$3,500
Normal reimbursableexpenses such as,but not necessarily limited to the following:
Postage,courier delivery when requested by the client;prints other than in-house
progress prints,large scale reproductions,etc.,will be billed to the client without a
markup.
Interpretation
Interpretationsand decisions of the Architect shall be consistent with the intent of
and reasonably inferable from the Contract Documents and shall be in writing or in
the form of drawings.When making such interpretationsand initial decisions,the
Architect shall endeavor to secure faithful perfonnance by both Client and
Contractor,shall not show partiality to either,and shall not be liable for results of
interpretationsor decisions so rendered in good faith.Architect’s decisions on
matters relating to aesthetic effect shall be ?nal if consistent with the intent
expressed in the Contract Documents.
Indemnification:The Client and its af?liates shall indemnify and hold harmless
Zona &Associates,P.A.and all of its personneland consultantsform and against
any and all claims,liability,damages,losses and expenses (including attomey’s fees
and defense costs)arising out of or resulting from the performanceof the services,
including the procurement of specializedpermits by consultants,provided that any
such claims,damage,loss or expense is caused in whole or in part by the negligent
act(s)or omission(s),and/or strict liability of Zona &Associates,P.A.or anyone
directly employed by Zona &Associates,PA.This indemni?cationshall include
any claim,damage,or losses due to the presence of hazardous materials.
7|Page LIABLITY:THE INDIVIDUAL EMPLOYEE ORAGENTWHOWILLPERFORMTHEPROFESSIONALSERVICESUNDERTHIS12/17 2021 Agenda Item #8.I.10 Jan 2022Page 62 of 77
Zona &Associates 2600 Belfort Road Jacksonville,FL.32216
Contract for Architecture and Engineering Services
City ofAtlantic Beach Maintenance Building
CONTRACT IS NOT A PARTY OT THE
CONTRACT.PURSUANT TO THE SECTION
558.0035,FLORIDA STATUES (JULY 1,2013),AN
INDIVDUAL EMPLOYEE OR AGENT MAY NOT
BE HELD INDVIDIUALLY LIABLE FOR
NEGLIGENCE.
XIV.Hidden Conditions:Zona &Associates,P.A.shall not be responsiblefor hidden
conditions nor any resulting damages to persons or property.A condition is hidden
if concealedby existing ?nishes (excluding lay-in type ceilings),buried below
?oors or ?nished grade,or is not capable of investigation by reasonablevisual
observation.If Architect has reason to believe that such a conditionmay exist,
Architect shall notify the Client who shall authorize and pay for all costs associated
with the investigation of such a conditionand,if necessary,all costs necessary to
correct said condition.If (1)the Client fails to authorize such investigation or
correctionafter due noti?cation,or (2)Architect has no reason to believe that such a
condition exists,the Client is responsiblefor all risks associatedwith this condition,
and Architectshall not be responsiblefor the existing conditionnor any
resulting damages to persons or property.Architectshall have no responsibilityfor
the discovery,presence,handling,removal,disposal or exposure of persons to
hazardousmaterialsof any form.
XV.Mediation
1.Any claim,dispute or other matter in questionarising out of or related to this
Agreement shall be subject to mediation as a conditionprecedentto binding dispute
resolution.If such matter relates to or is the subject of a lien arising out of Zona’s
and its Consultants services,Zona may proceed in accordancewith applicablelaw
to comply with the lien notice or ?ling deadlinesprior to resolutionof the matter by
mediation or by binding dispute resolution.
2.Mediation,unless the parties mutually agree otherwise,shall be administeredby the
American Arbitration Association in accordancewith the Construction Industiy
Mediation Rules of the American Arbitration Associationcurrently in effect on the
date of this Agreement.The parties shall share the mediator’s fee and any ?ling
fees equally.
the method of binding dispute resolution shall be pursuant toXVIIofthisAgreement.XVI.Arbitration1.Any claim,dispute or other matter in questionarising out of or related to thisAgreementsubjectto,but not resolvedby,mediation shall be subject to binding8|Page 12/l7/2021 Agenda Item #8.I.10 Jan 2022Page 63 of 77
Zona &Associates 2600 Belfort Road Jacksonville,FL.32216
Contract for Architecture and Engineering Services
City ofAtlantic Beach Maintenance Building
arbitrationwhich,unless the parties mutually agree otherwise,shall be
administeredby the American ArbitrationAssociation in accordancewith its
ConstructionIndustry ArbitrationRules in effect on the date of the Agreement.
A demand for arbitration shall be made no earlier than concurrently with the ?ling
of a request for mediation,but in no event shall it be made after the date when the
institution of legal or equitableproceedingbased on the claim,dispute or other
matter in questionwould be barred by the applicablestatute of limitations.For
statute of limitationsptuposes,receipt of a written demand for arbitrationby the
person or entity administering the arbitration shall constitute the institute of legal or
equitableproceedings based on the claim,dispute or other matter in question.
The award rendered by the arbitrator(s)shall be ?nal,and judgement may be
enteredupon it in accordancewith applicablelaw in any court having jurisdiction
thereof.
XVII.Jurisdiction and Venue
This agreement shall be governed by,and construedwith,the laws of State of
Florida and venue for any disputes shall be in Duval County,Florida.
XVIII.Termination or Suspension
1.
XX.9|Page
This Agreement may be terminated by either party with or without cause upon not
less than seven (7)days written notice.In the event of termination,the Architect
shall be compensatedfor services performedprior to termination,reimbursable
expenses incurred,and all costs attributedto termination,including costs
attributableto the Architect’s terminationof consultant agreements.
If the Client fails to make payments to Zona accordance with this Agreement,and
at Zona &Associates’sole option,the failure to pay as describedin this Section is
cause for suspensionof performance of services under this Agreement.If Zona
elects to suspend services,Zona shall give seven days’written notice to the Client.
Upon receipt of such notice,if Client pays Zona within seven days,all amounts due
under this Agreement for servicesperformed through the date of suspension plus
any expenses incurred in the interruptionand resumption of the Architect’s
services,then the failure to pay is deemed cured and the Parties shall resume with
this Agreement.
Neither Zona’s failure to immediately exercise its options to terminate for cause,
nor its implementationof suspensionrights as identi?ed in this Section of this
Amendment,shall constitute waiver.
incidental,special and consequentialdamages arising from or related to the servicesdescribedherein.Severabilitv and SurvivalIfanyoftheprovisionscontainedin this Agreement are held illegal,invalid orunenforceable,the enforceability of the remaining provisionsshall not be impaired12/17 202]Agenda Item #8.I.10 Jan 2022Page 64 of 77
XXI.
XXII.
Zona &Associates 2600 Belfort Road Jacksonville,FL.32216
Contract for Architecture and Engineering Services
City ofAtlantic Beach Maintenance Building
thereby.Limitations of liability and indemnitiesshall survive terminationof this
Agreement for any cause.
Copvri,uht &Licenses
The Architect grants to the Client a nonexclusivelicense to use the Architect’s
Instruments of Service solely and exclusively for purposes of constructing,using,
maintain,altering and adding to the Project.Any unauthorizeduse of the
Instruments of Service under this section shall not apply if the Client rightfully
terminatesthis Agreement.Additionally,any unauthorizeduse of the Instruments
of Service shall be at the Client’s sole risk and without liability to the Architect and
the Architect’s consultants.
CAD Files
Upon completionof the project and upon receipt of CAD File Release Fomr;
Architect will provide Client/ClientAutoCAD ?les of the permittedproject.
PROPOSED BY:
***ARCHITECT***
Date:December l7“‘.2021
John Zona III,A.I.A.,President
ACCEPTED BY:
***CLIENT ***
Alliant Engineering,Inc.
Clients
10|Page 12/17 2021 Agenda Item #8.I.10 Jan 2022Page 65 of 77
NEW EXITSTAIR TO EXTERlOR
M_
W
.
S
__o..wmW_b-_vm»{Zmgr:PURP
5rgsssvmeté
EXISTNEIBMW10 REIAN
;NEi~stauéruas S
‘STORAGEngorr
CONCEPTUALSECOND FLOOR
REVISED SEPT 7 2021
CONCEPTUALGROUNBr;-LamREVISEDSEPT72021 Agenda Item #8.I.10 Jan 2022Page 66 of 77
CITY OF ATLANTIC BEACH
CITY CONIIVIISSION
STAFF REPORT
AGENDA ITEIVI:Ordinance No.75-22>26,Introduction and Frist Reading (Personal l\/
Iobilil
y
Vehicles)
TODAY’S DATE:December 22,202 l
l\’IEETING DATE:January 10,2022
Q‘,,SUBIVIITTEI)BY:Amanda L.Askew.Director of Planning and Community Devel
opmen
t
7/;\’(,_)
/
SUl\/IXVIARY:On January 1 l,2021 Commission passed Ordinance No.6
5
-
2
1
-
4
2
that
placed a temporai-y (one-year)moratorium imposed on the cornrnercial leasing and re
nt
in
g
and
use of commercially leased or rented electric personal assistive mobility devices.rn
icr
o
m
ob
ili
ty
devices,and motorized scooters in the City.It applied to any business that operates o
ut
ofahotel,
motel,store,vendor stand,and any other local business location in the City,and t
o
anyonline
business operation that makes these devices and scooters locally available in th
e
Cit
y.
The
naoratoriurn does not aftie-at the operation ofpcrsonally owned devices operating legally with
in
the
City.
The proposed ordinance that de?nes personal mobility vehicles (bikes,electric bike
s,
person
alrnobilitydevices,roller skates,and skateboard)and defines reckless behavior of th
es
e
typesof
Vehicles.The ordinance prohibits the reckless behavior ofthese vehicles on sidewalks,stre
ets
and
the beach and intuits the ability of non—crirninal infractions.The ordinance then rnirror
s
thesarne
de?nitions and regulations for the use of these vehicles on streets and sidewalks.
This speci?c ordinance does not regulate the rental or lease of these vehicles however,C
ha
pt
er
19
(Streets,Sidewalks and Other Public Spaces)regulates the right—-of-way and t
h
e
rentalor
distribution ofpersonal mobility devices on public property is not perrnitted.Staff wi
ll
beadding
land use regulations to Chapter 24 in the spring of this year that will regulate the c
oleasingandrentalonprivateproperty.Staff has several edits to Chapter 24 that will becoming
forvvard in the spring.
RECOMMENDATION:Pass Ordinance No.75-22-26 on first read and direct staf
fto
include
land use regulations in next Chapter 24 update.
BUDGET:None
ATTACK-Il\/IENT(S):1 .Ordinaxlce No.75-22-26
2.Ordinance No.5s~21-42 (rnoratoriurn ord.)
CITY MANAGER:Q _)sr»Agenda Item #9.A.10 Jan 2022Page 67 of 77
ORDINANCE NO.75-22-26
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA
AMENDING CHAPTER 21 OF THE ATLANTIC BEACH CODE OF
ORDINANCES,TRAFFIC AND MOTOR VEHICLES,AMENDING
SECTION 21-2 DEFINITIONS,ADD NEW ARTICLE VII PERSONAL
MOBILITY DEVICES REGULATIONS AND NEW SECTION 21-90
STREET,SIDEWALK AND BEACH PERSONAL VEHICLE
REGULATIONS TO GOVERN THE USE OF CERTAIN PERSONAL
VEHICLES ON THE CITY’S BEACHES,STREETS,AND
SIDEWALKS;PROVIDING FOR SEVERABILITY;AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,pursuant to Section 4,General Powers of the City Charter,the City is vested
with all governmental,corporate,and proprietary powers to enable it to conduct municipal
government,perform municipal functions,and render municipal services,and may exercise any
power for municipal purposes except as expressly prohibited by law or the City Charter;and
WHEREAS,pursuant to Fla.Stat.§316.008(h)and §316.20655(1),the City has right to
regulate the operation of bicycles and electric bicycles with respect to streets and highways under
its jurisdiction and within the reasonable exercise of the police powers;and
WHEREAS,pursuant to Fla.Stat.§316.008(s),the City has right to regulate the operation
of skates,coaster,and other toy vehicles with respect to streets and highways under its jurisdiction
and within the reasonable exercise of the police powers;and
WHEREAS,the City also has the right to regulate conduct on the beaches under the City’s
jurisdiction;
WHEREAS,the City has received complaints from members of the public regarding the
reckless use of bicycle,electric bicycles,skateboards,scooters,roller skates,and personal mobility
devices on the City’s beaches,sidewalks,and streets;
WHEREAS,the unsafe use of bicycles,electric bicycles,skateboards,scooters,and other
personal transportation devices on the City’s beaches,sidewalks,and streets presents an imminent
and present danger to the health,safety,and welfare of those using the beaches for recreation;
citizens and residents of the City,that it advances a signi?cant and important governmentalinterest,and that it furthers the City’s performance of municipal functions and rendering ofmunicipalservices.Page 1 of5 Agenda Item #9.A.10 Jan 2022Page 68 of 77
NOVV,THEREFORE,BE IT ENACTED BY THE CITY COlVIlVIISSIC)N ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Regulation Amended and New Article and Sections Added.Amend S
ec
ti
o
n
21-2
De?nitions,New Article VII and New Section 21-90 is hereby added to the Code of
ofthe City of Atlantic Beach,Florida.
Sec.21-2.-Definitions.
To the extent the de?nitions provided in this section conflict with or differ from those f
o
u
n
d
inthe
Flor"Uniform Traf?c Control Law or the l\/lanual on Unifbrrn Traffic Control the
de?nitions found in this section shall be used in implementing and interpreting this c
h
a
p
t
e
r.
Bic 1-/9 shall lncan as such tcrln is defined in Fla.Stat.'3l6.()O3(4).as alnendecl Froln lil
ne
lo
Lilli :
Cir):or the city shall mean the City of Atlantic Beach,except when used in conjun
ction
with
another city such as the City of Jacksonville.
Elcc//‘iv bicycle shall rnean as such terrn is de?ned in Fla.Stat.‘3l6.003(22)anien
ded
froln
linle to tithe‘
Enclosed building shall mean a structure having no outside openings other than ordi
nary
doors,
windows and other such common features.
For—hiI‘e driver includes every individual operating a Vehicle for hire either as o
w
n
er
,
agent,
employee,or otherwise.
Irtoperctble motor vehicle shall mean a motel‘Vehicle that is incapable of legal operation underits
own power upon a roadway due to its physical condition.
Motor vehicle shall mean any self—propelled vehicle and registered attachrnents suc
h
astrailers
designed prirnarily for transportation of persons or goods along a public roadway.
Paved sidewalk shall meali pathways with concrete,asphalt,paver and other surface nlate
rials,intended for use by pedestrians and non-rnotorized modes of transport.
l’er'.s'oI1u[Mlohilitv device shall Inean all vvheelcd ohiects.coasters.toys conveyances.orsilnilar
devices used for tl‘zmsuol1ation or sport which are propelled by lnachine Dower cplclecuc
bicycles and any other Inotorized vehicle speciliczllly l‘(;;‘LLllElKECl bv Chaptel 316.l‘l()Il
(l8
Statutes
as L nended froln no to ‘lo’
Public property shall mean lands and improvements owned by the federal governrnent,thestate,
the county,a municipality,special district or any subdivision thereof.
Page2afs
Agenda Item #9.A.10 Jan 2022Page 69 of 77
Ifuck/e.s‘s'(/)eI'.s'1)/7r1//nobililr device)shall ulean
a.At a speed in excess 0!‘Iilleen (I5)iniles per hour:or
b.ln xvillful or \-vanton c|isrv.~:gm'tl for the safety ofuersons’or
c.()r>eralion in such a rnanncr so as to cause an unreasonable risk of harln tpersonor
propcrlv ofothers on the city‘s beaches’or
(I.(3176 ‘alien in a rnanncr other than i.reasonable and prudent under the condition
s
existing
at the tirne having,re;,!,ard to the actual and notential hazards then existing.
R1'ght—oj”—way shall mean land which a public entity owns in fee simple or holds an eas
em
ent
over,
which all or a portion of is used for vehicular travel.
Roadway shall mean that portion of a right—of-way improved,designed,or ordinarily usedfor
vehicular travel and vehicular parking,exclusive ofthe berm or shoulder.
R0/Icr
foot or Footwear to which one or inorc vvhccls are attached.including wheels that "inline
also known )1 lcrblade
kulem‘shall xncan an shoe boot or other footwear or devicc which inav be att
ac
he
d
tothe
Secondhand dealer has the same meaning as used in F.S.§538.03(1)(a),as it may be a
Skuleboarxl shall Inean all wheeled obiects coasters toys convevanccs.or sirnilar 5used
lbr transportation or sport which are propelled by hurnan power except bicvcles electri
c
bicycle
slles(e
Taxirneter shall mean a mechanical or electronic device,including mobile phone
which calculates and displays a predeterininecl rate and indicates the charge for hire o
f
avehicle
and which also records and indicates a fare,rate or charge based on waiting time,extra p
a
ss
e
n
g
er
s,
initial charge and other fares,rates or charges as applicable.
Title loan agreernent shall mean a written agreement whereby a secondhand dealer agr
ees
tomake
a loan of a speci?c sum of money to the owner of a motor vehicle,and the owner themotor
vehicle agrees to give the secondhand dealer a security interest in a motor vehicle of
title owned by the borrower and encuxnbered only by a title loan agrcernent.
Trailer shall mean a non—powered vehicle designed to be hauled over roadways by a m
ot
or
vehicle,
and shall be interpreted to include boat trailers,fifth wheels,travel trailers,equipment t
r
a
i
l
e
r
s
,
and
any other vehicle typically referred to as a trailer.
Transport shall mean to operate or cruise over the roadways of the city and its adjacen
t
territor
yforthepurposeofmovingpassengersorgoodsfrornone(1)point to another.
Unregistered Inotor vehicle shall mean a rnotor vehicle which does not have a valid a
n
d
current
motor vehicle license tag affixed thereto.
Page3of5
Agenda Item #9.A.10 Jan 2022Page 70 of 77
Vehic1e_far hire shall mean any motor‘vehicle operated over and upon roadways within thecityfor
the transportation of person(s)in exchange for compensation.
/\R'l‘lCLF.VII —l’ERS()N1\L B/lO[§Il,lTY DEVICES
Section 2l»90.-Street siclewallc and bench p::l‘<onuI vehicle regulations.
No bicycle.electric bicycle skutclioamls roller skzllcs or nersonal Inobilily devi
ce
niavbe
operated on the streets sicleyvalks.and the beaches Vvilhin the city in a reckless inanner.
L21)Enlbrccuncnl Violations ofthis section shall be en forced as non—crin1inu|lir
acl
ion
s
ol’
the 1
_(b)Penalties.
(1)The uinuunl of penalties for violations of this section shall be as provided F
o
r
ininFla.
Slat.<318.l8(3)as amended Ii-oi-n [iine to Iirne.
SECTION 2.Conflict.All ordinances,resolutions,of?cial determinations or thereof
previously adopted or entered by the City or any ofits officials and in conflict with thi
s
Or
din
anc
e
are repealed to the extent inconsistent herewith.
SECTION 3.Severability.Ifa Court ofcornpetentjurisdiction at any time ?nds a
n
y
prov
isio
n
ofthis Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall bedeeme
dsevetableandremovedfromtheremainingprovisionsofthisOrdinancewhichshal
l
rem
ain
in
full force and intact.
SECTION 4.Effective Date.This ordinance shall take effect irnrnediately upon ad
opt
ion
PASSED by the City Commission on first reading this __day of ,2
0
2
2.PASSED by the City Cornrnission on second and ?nal reading this
7
day of2022.
CITY OF ATLANTIC BEACH
Ellen Glasser,l\/layor
Altest:
Page4afs
Agenda Item #9.A.10 Jan 2022Page 71 of 77
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Brenna M.Durden,City Attorney
Page 5 of5 Agenda Item #9.A.10 Jan 2022Page 72 of 77
12-l 5-2020
ORDINANCE NO.65-21-42
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA,INSTITUTING A TEMPORARY MORATORIUM
ON THE COMMERCIAL RENTAL ANI)LEASE,AND USE OF
RENTEI)AND LEASED,ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES,MICROMOBILITY DEVICES AND
MOTORIZED SCOOTERS;PROVIDING FOR LEGISLATIVE
FINDINGS,CONFLICTING ORDINANCES,SEVERABILITY,
ENFORCEMENT,AND AN EFFECTIVE DATE.
WHEREAS,Article Vlll,Section 2 ol'the Florida Constitution and Section 166.021,
Florida Statutes,provides that municipalities have governmental,corporate,and proprietary
powers to enable municipalitiesto conduct municipal government,perform municipal functions,
and render municipal services;and
WHEREAS,pursuant to the Florida (.‘.onstitution,a city may exercise any power for
municipal purposes except as otherwise provided by law;and
WHEREAS,Chapter 166,Florida Statutes,the “Municipal Home Rule Powers Act,”
rcinliorees the authority granted under the Florida Constitution and authori'/es municipalities to
exercise any power for municipal purposes,except when expressly prohibited by law,and to enact
ordinances in further thereof,including its policing,and regulatory powers;and
WHEREAS,the City is aware of other local governments which have experienced
neg,ativeimpactsto the safety and/or welfare olithe public by commercially rented electric personal
assistive mohility devices,micromobility devices and motorized scooters;and
WHEREAS,Section 3 l 6.003(23),Florida Statutes,delines an “electric personal assistive
mobility device”as any selllbalancing,two-nontandem-wheeleddevice,designed to transport only
one person,with an electric propulsion system with average power ol‘750 Watts (1 horsepower),
the maximum speed of which,on a paved level surface when powered solely by such a propulsion
system while being ridden by an operator who weighs 170 pounds,is less than 20 miles per hour,
and liii‘tl1ci'provides that electric personal assistive mobility devices are not “vehicles”as delined
in Section 3l6.003,Florida Statutes;and
anyonline application,website,or software for point~to~pointtrips and which is not capable oftravelingataspeedgreaterthan20milesperhouronlevelground,and l‘urther that the termincludes“motorized scooters”and “bicycles”as delined in Section 316.003,Florida Statutes;andWHEREAS,Section 3 l6.()03(46),Florida Statutes,delines a “motori7.ed scooter”as anyvehicleormicromobilitydevicethatispoweredbyamotorwithorwithoutaseatorsaddleforthel)Ht)27t$7~?I)EtgCI OII5 Agenda Item #9.A.10 Jan 2022Page 73 of 77
use ofthe rider,which is designed to travel on not more than three wheels,and which is not capable
of propelling the vehicle at a speed greater than 20 miles per hour on level ground,and further that
the term does not include an “electric bicycle”as defined in Section 3 I 6003,Florida Statutes;and
WHEREAS,City staffand City law enforcement officers have observed users of electric
personal assistive mobility devices,micromobility devices,and motorized scooters riding in an
unsafe manner,failing to observe traffic control regulations,and other dangerous maneuvers that
have put people at risk;and
WHEREAS,commercial vendors who supply and rent these devices and scooters have
advised City officials that they desire to provide such devices and scooters for commercial rental
throughout the City;and
WHEREAS,there appears to be no organized management or control related expressly to
such devices and scooters that may be used in the City and that may be left in areas throughout the
City when the user discontinues use;and
WHEREAS,the City desires to analyze the circumstances which have occurred in other
counties and cities and make recommendations for regulations regarding the use of such devices
and scooters in the City in a manner that will better promote the safety and welfare of the public;
and
WHEREAS,with the occurrence and use of these devices and scooters,the City ?nds it
necessary to issue this Ordinance concerning this emergent special condition in the interest of
public health,safety,and welfare and for the protection ofthe users of the devices and scooters;
and
WHEREAS,Section 3l6.008(l)(t),Florida Statutes,authorizes local authorities to
reasonably exercise their police powers to adopt and enforce such temporary or experimental
regulations as may be necessary to cover emergencies or special conditions;and
WHEREAS,Section 3l6.2068(5),Florida Statutes,authori"/_.es a municipality to regulate
the operationofelectrie personal assistive mobility devices on any road,street,sidewalk,or bicycle
path under its jurisdiction if the governing body of the municipality determines that regulation is
necessary in the interest of safety;and
WHEREAS,Section 3l(i.2l28(l),Florida Statutes,provides that a local government
through the exercise of its powers under Section 316.008,Florida Statutes,may regulate and
WHEREAS,pursuant to the above cited laws the City also has the authority to impose amoratoriumandpausetherentalsuntilsuchtimeasappropriateregulationsareinplaceforthepublichealth,safety and welfare;and Page 2 ol’5Ul-1027<'>7«.'v‘Agenda Item #9.A.10 Jan 2022Page 74 of 77
WHEREAS,City staffand the City policedepartment are directed to research and develop
permanent solutions to these emergent special conditions during the temporary moratorium
imposed by this Ordinance,including but not limited to prohibitions,permitting and licensing
regulations,zoning regulations,police powers regulations,traflie safety,and public safety;and
WHEREAS,during the temporary moratorium imposed by this Ordinance,the City
Commission desires an opportunity to hear input from local residents,businesses,and City
departments to better prepare and take any steps necessary for the adoption and implementationof
permanent regulations to address these emerging matters;and
WHEREAS,it is not the purpose or intent ofthis ()rdinancc to restrict or deny the use of
personally owned electric personal assistive mobility devices,micromobility devices,and
motorized scooters in the City,if they are operated consistent with Florida Law and City Code;
and
WHEREAS,it is not the purpose or intent of this Ordinance to adversely affect the local
businesses that lawfully engage in the business or intend to lawfully engage in the business of
leasing or renting electric personal assistive mobility devices,micromobility devices,and
motorized scooters in the City;and
WHEREAS,the City intends to effectively determine the best approach to govern the
leasing and renting business and use ofelectric personal assistive mobility devices,micromobility
devices,and motori'/..edscooters in the City;and
WHEREAS,the City finds a legitimate public purpose and it is in the best interests ofthe
public health,safety,and welfare to impose a temporary moratorium on the commercial leasing
and rental and use ofcommercially rented or leased electric personal assistive mobility devices,
micromobility devices,and motorized scooters in the City until such time as appropriate City
regulations are in place.
NOW,TI~IEREF()RE,BE IT ENACTED BY THE CITY C.‘OMMISSI()N ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.RECITALS ANI)LEGISLATIVE FINDINGS.The above recitals and
legislative findings are ratified and made a part ofthis Ordinance.
SECTION 2.TEMPORARY IVIORATORIUM.A temporary moratorium is imposed
on the commercial leasing and renting and use ofeommcrcially leased or rented electric personal
temporaryanyapplication relating to the operation or commercial leasing and renting of these devices andscooters.This moratoriumapplies to any business that operates out of a hotel,motel,store,vendorstand,and any other local business location in the City,and to any online business operation thatmakesthesedevicesandscooterslocallyavailableintheCity.Nothing in this Ordinance shall beconstruedasalimitonthelawfuluseofthcprivateownershipofthesedevicesandscooters.Thoseindividualsthatusetheirprivatelyowneddevicesandscootersarerequiredtofollowallliloritlantwzvr-7.1 Page 3 Of 5 Agenda Item #9.A.10 Jan 2022Page 75 of 77
Laws and City Ordinances relating to these devices and scooters.This moratorium is imposed
pursuant to the City’s police and regulatory powers to protect the public health,safety,and welfare
of the community at large and shall remain in effect until such time as repealed by the City
Commission as part of adoption of permanent regulations,but in no case for more than one year
from the effective date of this Ordinance,unless extended by further action of the City
Commission.
SECTION 3.CONFLICTING ORDINANCES.All ordinances or parts of ordinances in
conflict with this Ordinance or parts thereof previously adopted or entered by the City in conflict
with this Ordinance are temporarily suspended to the extent inconsistent herewith and until a future
ordinance is adopted which permanently addresses the subject matter.This Ordinance shall not
be codi?ed.
SECTION 4.SEVERABILITY.If any section,subsection,clause,or provision ofthis
Ordinance is deemed invalid or unconstitutional by a court ofeompetent jurisdiction,such portion
will become a separate provision and will not affect the remaining provisions of this Ordinance.
SECTION 5.ENFORCEMENT.The City’s code enforcement officers,law
enforcement officers,or any other person authori7.edto enforce ordinances in the City,may enforce
the provisions of this Ordinance.Any enforcement action or legal remedy available under
controlling state law,including but not limited to,prosecutionas a misdemeanor with a fine not
exceeding $500.00 per violation,may be imposed as a penalty against the business and/or
individual violator.Nothing contained herein shall prevent the City from taking such other lawful
action in law and equity as may be necessary to remedy any violation of,or refusal to comply with,
any part ofthis Ordinance,including but not limited to:
a.Code enforcement action pursuant to City of Atlantic Beach Ordinances against a
business and/or individual;
b.Pursuit of injunctive and/or declaratory relief in a court ofcompetcnt jurisdiction
against a business and/or individual;
Initiating an action against a business and/or individual to recover any and all
damages that may result from a violation of,or a refusal to comply with,any part
ofthis Ordinance;or
d.Utilizing any other action or enforcement method allowable by law.
C
SECTION 6.EFFECTIVE l)ATE.This Ordinance shall take effect upon linal approval
by the City Coinmission for the City ofAtlantic Beach.
’age 4 of50!40171;‘!-3 Agenda Item #9.A.10 Jan 2022Page 76 of 77
m on second and «mm reading,this 25 day 0l‘J2Inunry.2021,P/\SSl-II)by the Cily Conllni
(‘ITY 'I‘L/\I\~I’I'l(,‘BI",/\C‘I I.l’
I.
()
Il
l
/é?
ilasser,l\/luyorEll
Auesl:
f)unna l..Tinrlle,(‘ily (llcr
P
a
g
e
5ors
Agenda Item #9.A.10 Jan 2022Page 77 of 77