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2-27-23 Final Agenda City of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, February 27, 2023 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES * 1.A. Approve minutes of the June 13, 2022 and February 13, 2023 Commission Meetings. 06-13-22 Regular Commission Meeting Draft Minutes 02-13-23 Regular City Commission Draft Minutes 5 - 44 2. COURTESY OF FLOOR TO VISITORS 2.A. BHHS - Florida Network Realty Luminaria Donation to the Atlantic Beach Cares Fund PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (Mar. - May 2023) 90-Day Calendar (Mar. - May 2023) 45 - 48 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS * 4.A. Pensioners' COLA Request (Commissioner Kelly) Pensioners' COLA Request 49 * 4.B. Sec. 24-163 - Storage and parking of commercial and recreational vehicles in residential zoning districts (Commissioner Ring) * 4.C. City Manager Search (Commissioner Bole) 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE Page 1 of 125 Regular City Commission - 27 Feb 2023 NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Authorize the City Manager to approve the purchase and issue a Task Authorization to Saltus Engineering, Inc. in the amount of $30,900.00 to provide services as described in the Proposal received January 23, 2023. Buccaneer Wastewater Lift Station 51 - 59 6.B. Declare the attached list of properties as surplus so that the items on it may be disposed of in the most beneficial way to the City. Property to be Declared Surplus 61 - 76 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS * 8.A. RESOLUTION NO. 23-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ESTABLISHING THE CITY’S 2023 PRIORITIES; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 23-05 77 - 80 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 55-23-37, Public Hearing and Final Reading AN ORDINANCE, AMENDING THE CODE OF ORDINANCES, CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE I SOLID WASTE DEFINITIONS AND PROCEDURES, SECTION 16-1 DEFINITIONS, SECTION 16-2 SOLID WASTE COLLECTION, SECTION 16-8 REMOVAL OF LOT CLEARING, CONTRACTORS' DEBRIS; OIL AND GREASE, RENAMING ARTICLE II TO CITY SERVICE FRANCHISE AGREEMENTS, AMENDING AND RENAMING SECTION 16-14 TO CITY SOLID WASTE FRANCHISE AWARD PROCEDURES, DELETING SECTIONS 16-16 FRANCHISE FEES, SECTION 16-18 PRIVATE REFUSE COLLECTORS; COLLECTION OF COMMERCIAL RECYCLING AND CONSTRUCTION AND DEMOLITION DEBRIS, SECTION 16-19 CITY'S COLLECTION EXEMPT FROM SECTIONS 16-10 THROUGH 16- 18, SECTION 16-20 APPLICATION; FEE ACTION BY CITY COMMISSION, AND SECTION 16-21 ISSUANCE OF PERMIT, AMENDING SECTION 16-22 PERMIT REQUIREMENTS AND RULES, SECTION 16-24 PERMITS NOT TRANSFERABLE, SECTION 16-25 AUTHORITY OF PERMIT HOLDERS AND SECTION 16-30 VIOLATIONS AND PENALTIES, AND RENUMBERING SECTION 16-16 THROUGH SECTION 16-30; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 55-23-37 81 - 93 Page 2 of 125 Regular City Commission - 27 Feb 2023 * 9.B. ORDINANCE NO. 95-23-123, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PROPERTY SWAP AND ASSOCIATED PURCHASE AND SALE OF REAL PROPERTY OWNED BY THE CITY LOCATED AT 1 WEST FIRST STREET (A PORTION OF REAL ESTATE PARCEL NO.: 170716-0100), AND PROPERTY OWNED BY SINGLETON ASSOCIATES, LLLP LOCATED AT 120 MAYPORT ROAD, ATLANTIC BEACH, FLORIDA 32233 (A PORTION OF REAL ESTATE PARCEL NO.: 170723-0000), AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 95-23-123 95 - 125 10. MISCELLANEOUS BUSINESS None. 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. 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, Fl orida 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 3 of 125 Page 4 of 125 Regular City Commission June 13, 2022 MINUTES Regular City Commission Meeting Monday, June 13, 2022 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ATTENDANCE: Present: Ellen Glasser, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 Also Present: Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting of October 25, 2021. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. 2 COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Connie Cole shared thoughts on the lack of drainage on Pine Street. 3 CITY MANAGER REPORTS 3A. Accept the 90-Day Calendar (June - Aug 2022) Commissioner Norris announced she will not attend the next meeting. Page 1 of 9 Agenda Item #1.A. 27 Feb 2023 Page 5 of 125 Regular City Commission June 13, 2022 There was CONSENSUS to accept the 90-Day Calendar. 3B. Paid Parking 18th and 19th Streets CM Corbin spoke about upcoming mailings and messages for community outreach about the new parking kiosks. CM Corbin provided an update on this item explaining t he kiosk has been installed, and PR signage was shown as detailed in the attached flyer (which is attached hereto and made part of this Official Record as Attachment A). No implementation date has been set. Mayor Glasser asked about the status of the Parking Attendant position. CM Corbin replied the positions are going well and regular updates could be added to meetings. Attachment A to 6-9-13 Minutes 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole shared that he went down to the fire on 10th Street and spoke with residents that expressed their thankfulness to the Fire and Police Departments. Commissioner Waters shared his opinion that the safest place to install the kiosk would be at the south side end of 18th Street, and the same for 19th Street due to their being a walkway and more safety provisions. Mayor Glasser added that she has no objection to Commissioner Waters' kiosk location suggestions. She thanked Commissioner Kelly, staff, and CARAC for the Canine Carnivale. She also reported the request for $500,000 was approved by the Governor, which would go towards Phase 3 of the Aquatic Gardens Project. She also spoke about the recent fire and stated safety aspects in that area are being looked at and that she's asked the CM to present information at the next meeting. She expressed her thankfulness to JFRD and the AB Police Department. She also spoke on the water plant on Linkside Drive. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA None. 7 COMMITTEE REPORTS None. 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 22-36 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-09: MILLING AND PAVING 2022; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Page 2 of 9 Agenda Item #1.A. 27 Feb 2023 Page 6 of 125 Regular City Commission June 13, 2022 Mayor Glasser read the Resolution by title. CM Corbin explained this resolution covers ongoing milling and paving of upcoming road projects. Public Works Director (PWD) Scott Williams explained the bidding process and reviewed the upcoming projects. He spoke about the need for infrastructure work, but those projects would be postponed due to the lack of funding. Commissioner Norris asked about reference checks for hired companies. PWD Williams responded he is very familiar with the company that was hired. Mayor Glasser asked about infrastructure work in areas such as 11th Street, 4th Street, and other areas in "old" Atlantic Beach. PWD Williams explained the entire stormwater system would need to be replaced, and additional drains need to be added. When the project is done, the entire Street would be completely redone. Mayor Glasser asked if it was the best use of funds to repave the roads in question instead of postponing until the entire infrastructure project could be completed. PWD Williams responded that repaving and milling the roads would solve several current issues. City Engineer (CE) Steve Swann explained the infrastructure work is planned for 2026. ACTION: Adopt Resolution No. 22-36. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. 8B. RESOLUTION NO. 22-37 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-10: MULTI-YEAR CONTRACT FOR PALM TREE TRIMMING, SUBJECT TO THE PROVISIONS OF THIS RESOLUTION. Mayor Glasser read the Resolution by title. PWD Williams explained the importance of trimming palm trees annually. CM Corbin explained this resolution is for annual maintenance trimming of palm trees in the City. PWD Williams explained the 5-year contract has gone up in price, a Saint Augustine company was Page 3 of 9 Agenda Item #1.A. 27 Feb 2023 Page 7 of 125 Regular City Commission June 13, 2022 chosen and the trimming would include palm trees on Atlantic Blvd, Mayport Road, flyover, some parks and some trees in rights-of-way. CM Corbin added cleanup would be done as part of the contract. Commissioner Norris asked if the trimming would stress out the trees. PWD Williams answered the best time to trim a palm is when the tree is starting to bud. He explained the reasoning for trimming the trees at 3-9 or 2-10. Discussion ensued. Mayor Glasser suggested getting ESC’s input on tree trimming. ACTION: Adopt Resolution No. 22-37. Motion: Michael Waters Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters (Moved By) For Candace Kelly For Brittany Norris For Motion passed 5 to 0. 8C. RESOLUTION NO. 22-38 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-11: PARKING IMRPOVEMENTS AT DONNER PARK – CDBG 20-21; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE Mayor Glasser read the Resolution by title. PWD Williams explained the Resolution as detailed in the agenda packet regarding parking improvements at Johansen Park by adding additional paver parking spots on George Street. Mayor Glasser asked if the existing parking would remain. PWD Williams responded an additional handicapped parking spot and one regular parking spot would be added. ACTION: Adopt Resolution No. 22-38. Motion: Brittany Norris Second: Bruce Bole Page 4 of 9 Agenda Item #1.A. 27 Feb 2023 Page 8 of 125 Regular City Commission June 13, 2022 Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Brittany Norris (Moved By) For Motion passed 5 to 0. 8D. RESOLUTION NO. 22-39 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE QUOTE SUBMITTED BY GRUHN MAY, INC. FOR THE PINE STREET STORMWATER REMEDIATION PROJECT, UNDER BID 2021-04: MULTI-YEAR CONTRACT FOR UTILITY CONTRACTOR SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE ORDER IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE Mayor Glasser read the Resolution by title. CE Swann explained the Resolution as detailed in the agenda packet and explained the need for additional drainage. The location of the additional draining pipe was explained. Commissioner Norris asked about the timing of the project from start to finish. CE Swann responded the project would last approximately 30 days to complete. ACTION: Adopt Resolution No. 22-39. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. 8E. RESOLUTION NO. 22-40 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-07: MULTI-YEAR CONTRACT FOR CALCIUM HYPOCHLORITE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO Page 5 of 9 Agenda Item #1.A. 27 Feb 2023 Page 9 of 125 Regular City Commission June 13, 2022 EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin and Public Utilities Director (PUD) Troy Stephens explained the Resolution as detailed in the agenda packet and answered questions from the Commission. MOTION: Adopt Resolution No. 22-40. Motion: Brittany Norris Second: Michael Waters Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed 5 to 0. 8F. RESOLUTION NO. 22-41 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-08: MULTI-YEAR CONTRACT FOR SULFUR DIOXIDE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin explained this chemical is also used in water treatment procedures. PU Director Stephens explained Sulfur Dioxide is used to clean chlorinated water before sending it out for disposal. He stated this chemical is increasing in price annually, and he hopes to use a different product in the future. Still, the providing company would only offer an annual quote to the City. Mayor Glasser and Commissioner Norris asked about the timeline for phasing this chemical out. PU Director Stephens responded he hopes to before the five-year contract ends. MOTION: Adopt Resolution No. 22-41. Motion: Brittany Norris Second: Bruce Bole Ellen Glasser For Page 6 of 9 Agenda Item #1.A. 27 Feb 2023 Page 10 of 125 Regular City Commission June 13, 2022 Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Brittany Norris (Moved By) For Motion passed 5 to 0. 9 ACTION ON ORDINANCES None. 10 MISCELLANEOUS BUSINESS 10A. Revised Cultural Arts and Recreation Advisory Committee (CARAC) Grant Applications CM Corbin said the CARAC has been very active and focused on simplifying the grant application process. DCC Hogancamp explained that CARAC had simplified the grant application process, making the applications more straightforward. He stated some policies had been updated to allow profit organizations to apply for grants. CA Durden provided insight into the City's Code concerning charitable organizations. CA Durden referred to Section 2-2 of the Code of Ordinances regarding the distribution of funds to charitable organizations and/or artistic programs. She explained the current application process. CA Durden suggested a resolution be approved to address any proposed changes to the current CARAC policy. Commissioner Boles asked for an example of a non-profit organization that CARAC would want to work with. CARAC Member Lisa Goodrich provided a summary of current guidelines highlighting the type of people or organizations CARAC would work in partnership with. Recreation Director Latrenia Thomas spoke about and gave examples of for-profit activity programs that could be offered to the residents of the City. Commissioner Norris spoke about a more frequent reporting period to ensure a thorough review of applications. There was CONSENSUS from the Commission for staff to make the suggested revisions to the policy and bring it back to a future meeting for formal consideration. Commissioner Kelly supported adding reoccurring organizations into the budget and allowing additional funding to be used to attract new programs and organizations. Commissioner Norris expressed her support for the suggested changes to the policy and supported changing the Code to be more understandable. Commissioner Waters thanked the staff for the work on the item. Page 7 of 9 Agenda Item #1.A. 27 Feb 2023 Page 11 of 125 Regular City Commission June 13, 2022 Mayor Glasser expressed the importance of "culture" to remain in the program's name. She suggested focusing on non-profit organizations and allowing for-profit organizations on a case- by-case basis. CM Corbin spoke about setting specific criteria for for-profit organizations that need to be considered. A conversation ensued regarding the timeline for advertising the grant applications, revising the Code, and creating an ordinance and/or a resolution. CA Durden suggested reviewing previous resolutions regarding CARAC. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Durden mentioned the COJ Ethics Training on June 27, 2022, which would fulfill the 3-Hour training requirement. She also thanked staff regarding their work in the Resolutions passed tonight. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole commented on parking at Donner park on the weekends for pickleball. Commissioner Kelly thanked the city employees for their support in Canine Carnivale. Commissioner Norris mentioned she is thankful for more parking at Donner Park. Commissioner Waters thanked Commissioner Kelly for the Canine Carnivale and announced the upcoming heart walk on Saturday, June 18, 2022. CM Corbin provided updates on traffic concerns and updating trespassing policies. Mayor Glasser provided an update from the most recent Mayor's Council on Health and Well - Being meeting. She invited Chief of Police Victor Gualillo to provide updates on a community class that would be offered to provide information on safety solutions. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:04 p.m. Attest: Donna L. Bartle, City Clerk Bruce Bole, Commissioner Date Approved: _____________________________ Page 8 of 9 Agenda Item #1.A. 27 Feb 2023 Page 12 of 125 PAY BY PLATE Bring Your Plate Number ;ALgBv|vLBEIRDcmr KIOSK “V APP Tap the Nearest Yellow Bubble 5°a""l"9 hem 19th STREETBEACH ACCESS Paid parking enforced 9 a.m.-5 p.m. Friday,Saturday, Sunday Everyone must enter plate ID at a kiosk or on the Flowbird app 3-hour grace period for r_egistered Atlantic Beach residents 30-minute grace period for all others Rate:$1 every 30 minutes No back-in parking No parking after 9 p.m. Resident registration:_ El‘ QR code or www.coab.us/parking Attachment A 6-13-22 Minutes Page 9 of 9 Agenda Item #1.A. 27 Feb 2023 Page 13 of 125 Page 14 of 125 Regular City Commission February 13, 2023 MINUTES Regular City Commission Meeting Monday, February 13, 2023 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:30 PM. City Clerk Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 Jessica Ring, Commissioner - Seat 5 Also Present: Shane Corbin, City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) 1 APPROVAL OF MINUTES 1A. Approve minutes of the May 23, 2022, January 9, 2023, and January 23, 2023 regular Commission meetings. MOTION: Amend January 9, 2023 minutes by replacing the first sentence of the third paragraph on page four in which my comments were asked about removing sixteen altogether. I would like it to say Commissioner Ring asked about which sections of chapter sixteen would be revised. Motion: Jessica Ring There was no request for a second or a vote on this motion. Mayor Ford corrected the January 23, 2023 minutes, in the very first line following the Pledge of Allegiance, instead of Mayor Glasser called the meeting to order, it should be Mayor Ford. Mayor Ford asked if there were any further corrections. There were none and he stated that the minutes are approved as corrected. Page 1 of 30 Agenda Item #1.A. 27 Feb 2023 Page 15 of 125 Regular City Commission February 13, 2023 COMMISSION PRESENTATION Mayor Ford asked the Commissioners to join him down on the floor for a brief presentation. The Commission presented CM Corbin with gifts and well wishes. 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Ken Caudle complimented the Commission on choosing the members of the Charter Review Committee (CRC). He also spoke to concerns regarding community issues. Patti Nottingham spoke about speeding and thanked CM Corbin and the Commission for their responsiveness regarding this issue. She also spoke about the yellow bolsters on her street and expressed she has noticed a difference in speeding. Megan Nottingham agreed with Patti's comments and also spoke to recent speeding issues. Brittany Norris expressed concerns regarding the CRC and encouraged the Commission to reconsider and reopen the process. Steve Fouraker shared that he was curious about the upcoming decision regarding interim CM. He also expressed that he would like for the Commission to reconsider their decision regarding the CRC. Michael Hoffmann spoke about the CRC and encouraged the Commission to reconsider their recent decisions. Judy Sheklin suggested that the Commission utilize a different process regarding the CRC. Susanne Barker expressed concerns regarding the CRC and encouraged the Commission to consider a different process. Romy Vann respectfully requested that the Commission add ESC's top priorities to their 2023 Commission priorities. Ellen Glasser shared that CM Corbin has done an outstanding job and thanked him for his service. Woody Winfree encouraged reconsideration regarding the CRC. Kathleen Halperin expressed concerns about the future. Page 2 of 30 Agenda Item #1.A. 27 Feb 2023 Page 16 of 125 Regular City Commission February 13, 2023 Jackie Beckenbach shared that CM Corbin will be missed. She suggested that the Commission revisit their selection process regarding the CRC. Jane Wytzka shared support for revisiting the CRC selection process. Nancy Staatz provided a handout to the Commission (which is attached hereto and made part of this Official Record as Attachment A) and discussed as detailed in the attachment. She expressed support for the reconsideration of the CRC. Benjamin Swanson expressed thoughts regarding the CRC. Joe Vieira commended citizens and CM Corbin for the work with speeding issues. He expressed that fairness is not a big request for City representation. Jim Wheatley spoke about an email that was sent out to the community regarding CRC. Megan Sullivan spoke in support of the Commission's direction with the CRC. Martha Marshall expressed that the division in the City should stop and that everyone needs to move on. Sarah Boren thanked CM Corbin for his service. Encouraged the Commission to think about ways to be more reflective regarding diversity in the leadership. She encouraged the Commission to make a motion to consider ESC's top priorities. Paula O'Bannon shared that she doesn't feel represented in fleet landing and that she would be glad to step up. John Reich spoke to concerns regarding the CRC. Fred Kerber thanked CM Corbin and spoke to concerns regarding the CRC. Barbara Gunter empathized with the Commission regarding their recent decisions for the CRC. 2-13-23 Attachment A 3 CITY MANAGER REPORTS 3A. Accept the 90-Day Calendar (Feb. - Apr. 2023) The Canine Carnivale was rescheduled to March 4, 2023. There was CONSESUS to approve the 90-Day calendar. 3B. Summary Presentation Page 3 of 30 Agenda Item #1.A. 27 Feb 2023 Page 17 of 125 Regular City Commission February 13, 2023 CM Corbin thanked everyone for all of their support during his tenure and well wishes regarding his departure. He presented the slide show as included in the agenda packet. Mayor Ford inquired about the $500,000 Grant from COJ for the Baker Center. CM Corbin informed the Commission that this is not able to be confirmed at this time due to this item making its way through their budget process. 3C. Main Street Link to AE Engineering Main Street Presentation 1.24.2022 Link to AE Engineering Final Report Complete Streets Implementation Plan – Main Street Corridor (Commission Chose Option: 2 Advisory Bike Lane but Later Abandoned the Concept) This item was covered with Item 3B above. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole • Gave compliments to CM Corbin. • Acknowledged that the COAB community is involved and that he is proud to be a part of it. Commissioner Kelly • Agreed with the public comments about implementing ESC's projects and goals. Commissioner Ring • Thanked CM Corbin and wished him the best in his new role. Commissioner Waters • Thanked the citizens for coming to voice their opinions. 4A. City Manager (Mayor Ford) This item was moved to Item 8A at the request of Mayor Ford. 4B. Priorities - Roundabout Study (Mayor Ford) Link to Roundabout Study Mayor Ford spoke about the priority-setting process and requested including everything that had one dot and adding "Support of the ESC's Initiatives" with three bullets as follows: 1) Use the Canopy Assessment data to create actions to further protect and increase the canopy, 2) Pass a required integrative biocide (pesticide, herbicide, fungicide, fertilizer, etc.) management plan for city operations/public sector and voluntary guidelines for private sector, and 3) Reduce energy consumption in city buildings by 10%. Page 4 of 30 Agenda Item #1.A. 27 Feb 2023 Page 18 of 125 Regular City Commission February 13, 2023 Mayor Ford reported on the 2004 Roundabout Study and recommended going back to the firm to obtain a quote for an updated study. There was a CONSENSUS to allow the CM to engage the firm to see if they can update the study and at what cost, and if so, bring it back to the Commission for consideration. CM Corbin confirmed that the priority document in the packet is a draft and a more refined draft of the priorities with Mayor Ford's recommended additions will be brought back to a future meeting. 4C. Motion to Reconsideration of "Exhibit 1" of Resolution No. 23-02 (Slate of Charter Review Committee Members) (Commissioner Kelly) MOTION: Reconsider the Resolution No. 23-02 as voted on last Commission meeting. Motion: Candace Kelly Second: Bruce Bole Commissioner Kelly explained her desire to have a discussion about where the Commission wants to go regarding the CRC committee membership. Commissioner Bole shared that he has heard a lot of feedback regarding this issue since he has been here and would like to have the discussion. He shared that he felt that the Commission was under a crunch for time during this process and didn't publicize as they should have. He expressed that when he voted, he did not look at districts, he looked at resumes and thought that their resumes made them a solid citizen to be on the committee. He expressed that if there is a better way to do this, he is open to it. Commissioner Waters shared that he chose people he thought would be the best fit for this committee. He expressed that he gave it his best and that he stands by his decisions. Commissioner Ring explained that process wasn't fully laid out. She expressed that she chose her initial nominees based on who she thought would serve AB the best and that she was turned down by a few that she reached out to. She shared that she looked at all demographics when she voted and selected those that she thought would best serve the City. She requested clarity on what the current discussion on the table was. She asked CA Gabriel if the process in his opinion was legal, ethical, and transparent and if the Commission is in any way shape or form in trouble in those ways. CA Gabriel answered that as far as a legal and ethical point of view, the Commission has met and exceeded those requirements. He expressed that whether people like the decision or not are pure policy discussions and that in terms of the qualifications from the Charter, there is only one qualification, that you are an elector of the City of Atlantic Beach (COAB). He shared that anything beyond this discussion is pure policy and politics. CC Bartle inquired about the motion as she heard it. She expressed that it is not as stated on the agenda but rather, a motion regarding the entire resolution. Commissioner Kelly confirmed that Page 5 of 30 Agenda Item #1.A. 27 Feb 2023 Page 19 of 125 Regular City Commission February 13, 2023 her motion was regarding the entire resolution. CA Gabriel clarified that this would be a reconsideration of the entire resolution. Mayor Ford encouraged everyone to not be upset about the messiness of democracy but rather to work together to achieve the common good. He shared that the Commission believes in doing the best for their community. He expressed that it is not him to vote based on quotas and that he would not support quotas. He shared that he supports choosing the people that he thinks would do the best. He expressed that he will work very hard to close gaps that he sees in the community. He expressed that the CRC is a move in the right direction and that all of the members of this committee should be working for the greater good of all of AB. He acknowledged that since he has been in AB, there has always been a tale of two cities and emphasized that all of the community needs to be taken care of. Commissioner Bole shared that there was an open discussion on the number of members for the CRC and the reason he would vote for this is because he wanted to have that discussion again. Commissioner Kelly expressed that perception is real to people and that the community has perceived that the Commission has not served them well. She shared that she too, would like to open up this discussion again. Commissioner Waters shared that he was glad the community brought this to the Commission's attention. He expressed that he thinks the CRC will be driven to represent all of COAB after hearing this discussion. Commissioner Ring shared that this is the first CRC to have any representation from her district. She commented that Ms. Norris has paved the way and thanked her. She shared that she grew up in Mayport and would like to say that the east and west side woes aren't there and that she didn't see them as a child, she doesn't want her children to see them but, she sees them here right before her. Mayor Ford stated that regardless of how the vote goes, the Commission works for the citizens and they will continue to try to do better, communicate better, and work to serve all citizens of AB. Bruce Bole (Seconded By) For Candace Kelly (Moved By) For Curtis Ford Against Michael Waters Against Jessica Ring Against Motion failed 2 to 3. Recessed at 8:27 p.m. Reconvened at 8:34 p.m. Page 6 of 30 Agenda Item #1.A. 27 Feb 2023 Page 20 of 125 Regular City Commission February 13, 2023 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA Mayor Ford read the title of each item under consent agenda. 6A. Authorize the Mayor to sign DR4673-Z3131 Subgrant Agreement 6B. Authorize the City Manager to approve the purchase and issue a Task Authorization to Crawford, Murphy & Tilly, Inc. in the amount of $98,871.00 to provide services as describe in the Continuing Contract Agreement received December 7, 2022. 6C. Authorize the City Manager to approve the additional funds for labor and materials listed on the Change Order, submitted by Jax Utilities Management, Inc. 6D. Authorize the City Manager to sign the First Amendment to Radio Services Agreement between the City of Atlantic Beach and the City of Jacksonville. 6E. Approve the 9-1-1 Interlocal Agreement between the City of Atlantic Beach and the City of Jacksonville for the distribution of 9-1-1 funds for call taker salaries and authorize the Mayor and City Manager to sign the agreement. 6F. Acknowledge receipt of the December 2022 Financial Report. 6G. Approve the purchase of a 2023 Toyota Tacoma from Alan Jay Fleet Sales in the amount of $25,183 and declare the 2009 Ford Ranger (P34) as surplus for trade-in purposes on the date the replacement truck is received. The final agenda packet for February 13, 2023 contained the wrong attachment for Item 6G. The correct attachment is attached hereto and made part of this Official Record as Attachment B. 2-13-23 Attachment B MOTION: Approve Consent Agenda (Items 6A-6G) as read. Motion: Candace Kelly Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly (Moved By) For Jessica Ring For Motion passed 5 to 0. 7 COMMITTEE REPORTS None. Page 7 of 30 Agenda Item #1.A. 27 Feb 2023 Page 21 of 125 Regular City Commission February 13, 2023 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 23-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPOINTING JOSEPH GERRITY THE INTERIM CITY MANAGER AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT DESIGNATING HIM AS SUCH EFFECTIVE MARCH 13, 2023; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS NECESSARY, INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT AGREEMENT, TO EFFECTUATE THE EMPLOYMENT OF JOSEPH GERRITY TO SERVE AS INTERIM CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. He shared that he has spoken with Mr. Gerrity and stated that he is willing to accept the position on an interim basis. Commissioner Bole shared that he would vote against this because he hasn't talked to Mr. Gerrity or seen a resume. He also inquired if the City would save money i f DCM Hogencamp took the job and emphasized that he knows about day-to-day operations more than anyone. CA Gabriel mentioned that a motion was needed before discussion. MOTION: Adopt (Approve) Resolution No. 23-04. Motion: Michael Waters Second: Jessica Ring Commissioner Kelly agreed with Commissioner Bole and shared her interpretation of the DCM position. Commissioner Waters reported that he's spoken with Mr. Gerrity, those whom he has worked with, and DCM Hogencamp regarding this issue. Commissioner Ring spoke about DCM Hogencamp's position being valuable, not rushing the process to find a new CM, and her support of Mr. Gerrity for his expertise. Mayor Ford emphasized that he wants to ensure that this role has a strong leader. He expressed he would like for DCM Hogencamp to stay the course in what he does and have a seasoned professional in the CM position. He also expressed that before putting out an RFP for the position, he would like to have further conversation with Mr. Gerrity to utilize his wisdom on what he thinks would be best regarding the search. Commissioner Bole recommended that the DCM job description be changed in the Charter to address filling in during a CM vacancy. CA Gabriel confirmed that Mr. Hogencamp will become the interim city manager until the Commission decides on a CM and his job description would not have to change. Discussion ensued. Page 8 of 30 Agenda Item #1.A. 27 Feb 2023 Page 22 of 125 Regular City Commission February 13, 2023 Curtis Ford For Bruce Bole Against Michael Waters (Moved By) For Candace Kelly Against Jessica Ring (Seconded By) For Motion passed 3 to 2. Commissioner Waters asked for clarification on whether Item 4A was covered during that discussion. Mayor Ford confirmed that it was. 9 ACTION ON ORDINANCES 9A. ORDINANCE NO. 55-23-37, Introduction and First Reading AN ORDINANCE, AMENDING THE CODE OF ORDINANCES, CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE I SOLID WASTE DEFINITIONS AND PROCEDURES, SECTION 16-1 DEFINITIONS, SECTION 16-2 SOLID WASTE COLLECTION, SECTION 16-8 REMOVAL OF LOT CLEARING, CONTRACTORS' DEBRIS; OIL AND GREASE, RENAMING ARTICLE II TO CITY SERVICE FRANCHISE AGREEMENTS, AMENDING AND RENAMING SECTION 16-14 TO CITY SOLID WASTE FRANCHISE AWARD PROCEDURES, DELETING SECTIONS 16-16 FRANCHISE FEES, SECTION 16-18 PRIVATE REFUSE COLLECTORS; COLLECTION OF COMMERCIAL RECYCLING AND CONSTRUCTION AND DEMOLITION DEBRIS, SECTION 16-19 CITY'S COLLECTION EXEMPT FROM SECTIONS 16-10 THROUGH 16-18, SECTION 16-20 APPLICATION; FEE ACTION BY CITY COMMISSION, AND SECTION 16-21 ISSUANCE OF PERMIT, AMENDING SECTION 16-22 PERMIT REQUIREMENTS AND RULES, SECTION 16-24 PERMITS NOT TRANSFERABLE, SECTION 16-25 AUTHORITY OF PERMIT HOLDERS AND SECTION 16-30 VIOLATIONS AND PENALTIES, AND RENUMBERING SECTION 16-16 THROUGH SECTION 16-30; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. CM Corbin explained the ordinance as detailed in a slide show presentation (which is attached hereto and made part of this Official Record as Attachment C) and answered questions from the Commission. 2-13-23 Attachment C MOTION: Adopt the Ordinance as read (Approve Ordinance No. 55-23-37 on first reading). Motion: Candace Kelly Second: Jessica Ring Page 9 of 30 Agenda Item #1.A. 27 Feb 2023 Page 23 of 125 Regular City Commission February 13, 2023 Curtis Ford For Bruce Bole For Michael Waters For Candace Kelly (Moved By) For Jessica Ring (Seconded By) For Motion passed 5 to 0. 9B. ORDINANCE NO. 95-23-123, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PROPERTY SWAP AND ASSOCIATED PURCHASE AND SALE OF REAL PROPERTY OWNED BY THE CITY LOCATED AT 1 WEST FIRST STREET (A PORTION OF REAL ESTATE PARCEL NO.: 170716- 0100), AND PROPERTY OWNED BY SINGLETON ASSOCIATES, LLLP LOCATED AT 120 MAYPORT ROAD, ATLANTIC BEACH, FLORIDA 32233 (A PORTION OF REAL ESTATE PARCEL NO.: 170723-0000), AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. CM Corbin explained the ordinance as detailed in a slide show presentation (which is attached hereto and made part of this Official Record as Attachment D). John Dekle, Applicant briefly spoke regarding the ordinance and answered questions from the Commission. CA Gabriel clarified that there is an open inspection period and that this is something to think about filling in for the next meeting. He added that once the ordinance is approved there will be a separate consideration of closing the right-of-way. No motion was made. There was a vote of 5-0 in favor. (The recommended action shown in the staff report included in the February 13, 2023 agenda packet was to consider and approve Ordinance No. 95-23-123.) 2-13-23 Attachment D 10 MISCELLANEOUS BUSINESS None. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER CM Corbin • Thanked the residents and the City for his time and experience with COAB. • Invited everyone to a happy hour celebration on February 23, 2023. Page 10 of 30 Agenda Item #1.A. 27 Feb 2023 Page 24 of 125 Regular City Commission February 13, 2023 Commissioner Bole • Mentioned that whoever sits in the CM seat will be very lucky. • Shared that he will miss CM Corbin. Commissioner Waters • Thanked CM Corbin for always being helpful and commented that he will miss him. Mayor Ford • Thanked CM Corbin. • Shared that it was nice to see citizens share their thoughts during the meeting. 13 ADJOURNMENT The meeting was adjourned at 9:16 p.m. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved: ______________________ Page 11 of 30 Agenda Item #1.A. 27 Feb 2023 Page 25 of 125 Page 12 of 30 Agenda Item #1.A. 27 Feb 2023 Page 26 of 125 Attachment A to 2-13-23 Minutes Page 13 of 30 Agenda Item #1.A. 27 Feb 2023 Page 27 of 125 Attachment A to 2-13-23 Minutes Page 14 of 30 Agenda Item #1.A. 27 Feb 2023 Page 28 of 125 Attachment B to 2-13-23 MinutesPage 15 of 30Agenda Item #1.A.27 Feb 2023Page 29 of 125 Attachment B to 2-13-23 MinutesPage 16 of 30Agenda Item #1.A.27 Feb 2023Page 30 of 125 Attachment B to 2-13-23 MinutesPage 17 of 30Agenda Item #1.A.27 Feb 2023Page 31 of 125 Attachment B to 2-13-23 MinutesPage 18 of 30Agenda Item #1.A.27 Feb 2023Page 32 of 125 Ordinance 55‐23‐37Removing the requirement for C&D debris removal companies to hold a franchise agreement.CHAPTER 16 PROPOSED UPDATE – CONTRACTOR & CONSTRUCTION DEBRIS (C&D) REMOVALAttachment C to 2-13-23 MinutesPage 19 of 30 Agenda Item #1.A.27 Feb 2023 Page 33 of 125 Ordinance 55‐23‐37 Proposed changes•This concept was presented at the 1/9/2023 Commission meeting and direction was given to move forward with a proposed ordinance. •Ordinance update:•removes the requirement that contractors who remove C&D debris obtain a franchise agreement, •removes requirement that C&D haulers pay an initial and annual fee, •removes requirement that C&D haulers pay 20% of gross receipts to the City of Atlantic Beach. Attachment C to 2-13-23 MinutesPage 20 of 30 Agenda Item #1.A.27 Feb 2023 Page 34 of 125 Ordinance 55‐23‐37 Proposed changes•Adds language:•to establish minimal standards for the fitness, cleanliness and maintenance of vehicles and containers that haul C&D debris through the City.•allows city to require noncompliant dumpsters/equipment be removed from the city•to address bag containers (i.e. bull bags, etc.)•Allows citizens and contractors to use any company they desire to obtain these services. •Does not affect the award of a City franchise to the city’s regular trash, recycling and lawn debris removal contractor.Attachment C to 2-13-23 MinutesPage 21 of 30 Agenda Item #1.A.27 Feb 2023 Page 35 of 125 Page 22 of 30 Agenda Item #1.A. 27 Feb 2023 Page 36 of 125 Singleton’s Mobile Home ParkATLANTIC BLVDATLANTIC BLVDAttachment D to 2-13-23 MinutesPage 23 of 30 Agenda Item #1.A.27 Feb 2023 Page 37 of 125 Singleton’s Mobile Home ParkVeterans ParkW 1stSt.Singleton’s Mobile Home ParkAttachment D to 2-13-23 MinutesPage 24 of 30 Agenda Item #1.A.27 Feb 2023 Page 38 of 125 12 Mobile Homes currently located on city propertyAttachment D to 2-13-23 MinutesPage 25 of 30 Agenda Item #1.A.27 Feb 2023 Page 39 of 125 Public propertyPortion of Main St vacated in 1975Request for city to vacate ROW and include vacated property into SingletonsAttachment D to 2-13-23 MinutesPage 26 of 30 Agenda Item #1.A.27 Feb 2023 Page 40 of 125 Requested property FROM the City(~11,228 Square feet)Proposed property TO the City(~5,337 Square feet)Attachment D to 2-13-23 MinutesPage 27 of 30 Agenda Item #1.A.27 Feb 2023 Page 41 of 125 Area could be used for parking for Veterans ParkAttachment D to 2-13-23 MinutesPage 28 of 30 Agenda Item #1.A.27 Feb 2023 Page 42 of 125 Attachment D to 2-13-23 MinutesPage 29 of 30 Agenda Item #1.A.27 Feb 2023 Page 43 of 125 Land Area that would be deeded to the cityAttachment D to 2-13-23 MinutesPage 30 of 30 Agenda Item #1.A.27 Feb 2023 Page 44 of 125 CITY OF ATLANTIC BEACH CITY COMMISSION IVIEETING STAFF REPORT AGENDA ITEIVI:90-Day Calendar for the l\/Iayor and Commission SUBIVIITTED BY:Yvonne Calverley,Executive Assistant to the City I\/ Ianager J TODAY’S DATE:February 15,2023 J l\’IEETING DATE:February 27,2023 BACKGROUND:The 90~day calendar is included on the agenda for the p ur p os e ofsetting meeting dates and determining the location,time and whether to videotape special and workshops. The rolling 90-day calendar will be revised a?er receiving input from City staff and tComm ission,and will be included in each agenda for consideration. B: -An Appeal Hearing for 103 Atlantic Blvd and 3 10 l\/Iayport Road is tentatively sche dule d for l\/Ionday,April 3 at 5:30 prn in the Charnber. -A Waiver Hearing for 42 East Coast Drive is scheduled for l\/Ionday,March 20 at pm in the Chamber. -The Northeast Florida League of Cities Dinner will be held at the AB Country Club onThursda y,April 20 from 6 pm to 8 prn.Atlantic Beach is the lead host. ~Atlantic Beach Holding Cornpany’s dedication ceremony of21 9 acres of Intracoastal prope rtytotheNorthFloridaLandTrustwillbeheldonSaturday,April 22.(Location and —TBD) BUDGET:None RECOl\’Il\/IENDATION:Approve the 90-Day Calendar for l\/[arch —l\/lay 2023 ATTACHMENT:1)Mayor and Commission 90-Day Calendar (March ——l \ / l a 2023) 5 REVIEWED BY CITY MANAGER: 6%‘;QA Agenda Item #3.A.27 Feb 2023Page 45 of 125 MAYOR AND COMMISSION Sl'ND.r\\MO NDA\ March 2023 TL ESDAY \\EDM5sDA\'THl!RsnA\FRIDM SA'I‘URD.-\\' 1 2 3 4 Dutton Island Special Magistrate Preserve Bike Tour Meeting 2 pm 10 -10:30 am Canine Camivale ESC Speaker Series (Jordan Park) 5 Pm 10 am—1 pm 5 Farmers Market 6 7 S ESC Tree 9 10 11 Taur de Parks (Russell park)Subcommittee 9 am lo am _2 pm 5:15 pm (Russell Park) Songwriters Concert ESC Meeting Wdigvsgde? (Bun Park)6'3 Pm 6 Pm (Dutton Island) 12 13 14 [5 l6 17 18 Family Paint Night Farmers Mame‘CO)]1II).lSS10l1 ARCC Meeting ESC Outreach 8:IceCream (Russell Park)Meeting 6:30 pm 6 pm Subcommittee (D 5333FEBk__.onner at 3 er10am2pm(Invoc Bole)4.45 pm Center 19 Farmers Market 20 31 32 23 Z4 25 (Russell pa,-k)Waiver Hearing Community ESC Sustainability Wild Wonders 10 am —2 pm (42 E651C0651 Dr)Development &ReS111¢f|°)’12 pm Acoustic Night 5:30 pm Board Subcommittee (Dunon Island) (Bull Park)5-3 pm 6 pm 9 3"‘ 26 27 28 29 30 31 Farmers Market Commission ARCC Workshop (Russell Park)Meeting 6:30 pm 10 am 10 am —2 pm (Invoc-Waters)Agenda Item #3.A.27 Feb 2023Page 46 of 125 MAYOR AND COMNIISSION MONDA\ April 2023 2 Famers Market 3 Appeal Hearing 4 5 6 T 3 Egg Hunt & (Russell Park)(103 Atl Blv &310 ESC Speaker Parade 10 am —1 pm 10 am —2 pm Mayport Road)Se '55 6 (Jordan Park) songwriters comm 5:30 pm (élhambggn Wild Wonders (Bu111>ar};)5.3 pm (Tentative)l~2 pm Dutton Island 9 10 11 12 ESC Tree 13 14 15 Farmers Market ’Commission Mtg ARCC Meeting Subcommi?ee M18 TOWIIH811M365-I15 (Russell park)6:30 pm 6 pm 5:15 pm 10 am —Naon 10 _2 ‘,(Baker Center)3111 Pm (Invoc-Kelly)ESC Ml;6 Pm 16 17 18 19 20 21 2ZAns i.utl1eParl< Farmers Market Commission Community ESC Outreach Northeast Flcgrida Family Paint Night 10 am ~4 pm (kusseu park)W k h 6 D I I S b an League of Cities and Binag (Ioliansen Park) 10 am —2 pm ?1:qSVe:l:1edfmBOG;/S§/l[::fi:g u 1:/:[:::nn;ea Dime"'5 W‘6:30 pn:Wild Wonders 6 m 4.45 m (AB CoufmyClub)(Jordan Park)l-2 pm Durton IslandP-P Host City -A B Nl-‘LT Dedication Ceremony 23 Farmers Market 24 25 16 27 ESC 28 29 (Russell Park)Commission Mtg Sustainability & 10 arn—2pm 5:30 pm Resiliency Acoustic Night am/0c_RinO)Subcommittee (Bull Park)6 pm ‘’9 am 30 Farmers Market (Russell Park) 10 am —2 pm Opening of the Beaches Parade Agenda Item #3.A.27 Feb 2023Page 47 of 125 MAYOR AND COMMISSION TH URSDAV SATURDAY City Of?nes Clased 1 Z 3 4 Special 5 6 Magistrate Hearing We11Fest 2 pm 9 am ESC Speaker Johansen Park Series 6 pm 7 Fanners Market 8 9 I0 ESC Tree 11 12 13 (Russell Park)Commission ARCC Meeting 5"b€°mmi“€°Pension Board 1°“*2 Pm Meeting 6 pm 5“P"?Meeting ‘6:30 Pm ESC Meettng 6:30 pmSongwntersConcert1Fd5pm (Bull Park)5-3 pm (“‘’‘’°'°‘) 14 15 16 17 Community 18 19 20 Farmers Market Commission DGVEIOPMWBmrd Family Paint (Russell Park)Workshop W‘day)Night &Bingo 103|'|1—2Pm 6pm 6'30pmESCOutreach' (I/[N99ded)Committee 4245 pm (Baker Center) 21 Farmers Market 22 23 24 25 26 27 (Russell Park)Commission ESC 1°3"‘‘2 Pm Meeting Subcommittee AcousticNight 6'30 pml geetmg (Bull Park)6pm (1“"°°‘B°5)3”‘ 28 29 Memorial Day 30 31 Farmers Market Event -9 am (Russell Park)Beaches Memorial l0 am —2 pm Veterans Park Agenda Item #3.A.27 Feb 2023Page 48 of 125 Huger-ncarnE Kev n To:Elected Officials Cc:varian,Cathy;Burns,Melissa Subject:Pensioners cost-of-living adjustment request City Commission members, This correspondence connects to the request from some City of Atlantic Beach general emplo yee pensioners that the City Commission consider a 12%increase in pensioners‘salaries. The General Employees‘Pension Board of Trustees is entirely responsible for the pension f u n d s, including investment decisions;disability requests;authorizing payments from the fund (benefit payme nts);determining eligibility dates;and making adjustments to pensions,Including COLA increases‘Th e City Commission cannot direct the Pension Board in any of these areas. We have contacted the Pension Board attorney for his guidance,as he is the subject~matter—expert.andan update will be provided once he has weighed In. lvleanwhile,we are obliglng Commissioner Kelly's request that this matter be included for information/discussion on your Feb.27 meeting agenda.To best enable us to prepare For th e meet ing, please let us know ahead of the Feb.27 meeting what questions you have on this topic. Thank you, Kevin Kevin Hogencamp Deputy City Manager City of Atlantic Beach,FL 32233 (904)247-5804 khogengamgg?coagus www.coabius Agenda Item #4.A.27 Feb 2023Page 49 of 125 Page 50 of 125 CITY OF ATLANTIC BEACH CITY COMMISSION IVIEETING STAFF REPORT AGENDA ITEIVI:Authorizing the continued engineering services For ?ood proo ?ng the Buccaneer V/astewater Lift Station SUBl\’IITTED BY:T1'oy Stephens,Public Utilities Director TODAY’S DATE:February 7,2023 l\’IEETING DATE:February 27,2023 BACKGROUND:Staff received a proposal from Saltus Engineering,Inc.Januar y 23, 2023,in the amount of $30,900.00 to review ?ood proo?ng methods for the existing ele ctri cal building and submersible wet well at the Buccaneer l\/[aster Lift Station,located at 739 Drive, Jacksonville,Florida.The proposal consists ofpreparing engineering design plans and sp ec i? ca ti o ns for elevating the existing pad mounted JEA transformer and new emergency generator above theprojected ?ood elevation and for flood proo?ng the building and wet well;and develop plans andspe ci? cat ion s for bidding. The Buccaneer l\/[aster Li?Station is subject to periodic ?ooding during and following h u rr i c a n e s and severe tropical storms.This is a very critical station that transfers the wastewater collected inthel\/Iayport service area to the city’s vvastevvater treatment facility. The tasks included in the Scope &Fee Agi'eement received on January 23,2023,include re vi e wi ng and selecting ?ood proo?ng methods for implementation,including discussions with JE A. Prepare engineering design plans and speci?cations for bidding and bid assistance. BUDGET:Funds are budgeted in the infrastructure account 400—55064533—63OO un de r Project Nurnber AR2207. RECOMMENDATION:Authorize the City l\/Ianager to approve the purchase an d issu e aTask Authorization to Saltus Engineering,Inc.in the amount of $30,900.00 to provide services a s descr ibed in the Proposal received January 23,2023. ATTACHlVlENT(S):1)Proposal frorn Saltus Engineering,Inc. 2)l\/lap and Pictures of Flooding REVIEWED BY CITY MANAGER:é ““‘Agenda Item #6.A.27 Feb 2023Page 51 of 125 SALTI JS1w Post Offic e Box8969 Fleming Island,FL32006 (904 ) 742- 6545January23,2023 lVll-.Steve swann,City Engineer City of Atlantic Beach i200 Sandpiper Lane Atlantic Beach,FL 32233 Via email to SSwagn@coab.us Subject:Proposal for Professional Engineering Services for ?oodproo?ng the Wastewater Lift Station Dear Steve: saltus Engineering,Inc.(Engineer)is pleased to submit this proposal For professional Civil/Environrnental engineering services to the City of Atlantic Beach (City/Client).I fagreewiththeproposal,please prim,sign and return the signature page as the Notice t Pro cee d. Backgrou nd The Buccaneer l\/[aster Lift Station is subject to periodic ?ooding during and following hurricanes and severe tropical StormS4 This is a very critical station that transfers the collected in the l\/[ayport service area to the city’s wastewater treatment facility.The wishe stofloodprooftheexistingsitetowithstandananticipated2043stormsurgeofapproximat ely 6 feet of inundation. The Scope of Work is described below. Scope of Work Task 1-Review ?ood proo?ng methods for the existing electrical building and sub ine rsi ble wet well with city engineer and u ity staff and select the ?ood proofing methods implementation.Determine through discussions with JEA the potential to install apole mounted transforrner and remove the existing pad rnounted transfornler. Deliverable:Technical memorandum of‘flood proo?ng rnethods evaluated,summary discussions,and anticipated pricing.Agenda Item #6.A.27 Feb 2023Page 52 of 125 S.Swann January 23,2023 Page 2 of 4 Task 2 -Prepare engineering design plans and speci?cations for elevating the existing pad mounted JEA transformer and new emergency generator above the projected flood elevation and for ?ood proo?ng the building and wet well. The flood proo?ng of the building will include relocating existing control and SCADA equipment,receptacles and air conditioner to higher elevations inside the building as discussed during the initial site visit.The work will include a sump and sump pump inside the building. The electrical and structural engineering work shall be performed by subconsultants. Deliverable:Engineering design plans and specifications Task 3 —Bidding and Award Engineer will develop plans and specifications for bidding.Engineer will assist City with bidding process including participating in a pre-bid meeting,reviewing questions from potential bidders, and developing addenda if needed. The Engineer will provide electronic versions of the plans and specifications in Adobe pdf format.Paper copies can be provided at cost. Engineer will review the bids and provide a letter of recommendation for award of the project. Deliverable:Attend pre-bid meeting,answer bidder questions,prepare addenda as needed and letter of recommendation of award. CLIENT RESPONSIBILITIES City shall provide the following: 1.Access to the facilities and records as needed. Permitting fees,if needed. Site survey,if needed. Information regarding previously developed plans. Geotechnical services,if needed. Soft digs if required by regulatory agencies. 7.Legal descriptions and sketches for any proposed easements. SCHEDULE .°‘."‘:“E’°!" The following schedule is proposed for the Scope of Services: 0 Task 3 shall be completed based on City’s bid schedule.BUDGET AND PAYMENTTheWorkdescribedhereinis proposed on a lump sum basis inclusive of expenses.AdditionalServicesshallbeatcostwithnottoexceedlimit.The proposed budget is presented in Table 1below:Agenda Item #6.A.27 Feb 2023Page 53 of 125 S.Swann January 23,2023 Page 3 of 4 Table 1 -Professional Engineering Services Fees for Scope of Work Task Description Lump Sum Fee Task 1 —Review flood proofing methods for the existing electrical building and submersible wet well with city engineer and utilitystaff and select the flood proofing methods for implementation.Determine through discussions with JEA the potential to install a pole mounted transformer and remove the existing pad mounted transformer.$2,500 Task 2 —Prepare engineering design plans and specifications for elevating the existing pad mounted JEA transformer and new emergency generator above the projected flood elevation and for flood proofing the building and wet well.$20,500 Task 3 —Bidding and Award $1,900 Subtotal $24,900 Credit if existing JEA pad mounted transformer can be changed to pole mounted transformer.-$2,000 Total with credit $22,900 At cost —-not to exceed Additional Services if required shall include topographic survey and geotechnical engineering evaluation $6,000 Total w/Additional Services and no credit $30,900 Engineer shall bill Client on a monthly basis for the percentage of work completed. I sincerely appreciate and look forward to this opportunity to be of service to the City of Atlantic Beach. AUTHORIZATION Accepted By: Digitallysigned by David 'B l Signed:Date:Signed:Date:Saltus Engineering,Inc.City of Atlantic BeachDavidJ.Bolam,P.E.Mr.Steve Swann,PEPresidentCityEngineer Agenda Item #6.A.27 Feb 2023Page 54 of 125 Buccaneer Lift Station Location Map v ? >8n=‘;E 0 vi 9 E’ 7' V D E Renaud Dr R°“‘’‘“‘'‘S (E r . zéfsmMayponA f"".',M7 t 23904 Mayport Ap G°°S!.§tH MayporIAp !.::1i-‘t Agenda Item #6.A.27 Feb 2023Page 55 of 125 Entrance Road to Lift Station on Regulus Dr.Agenda Item #6.A.27 Feb 2023Page 56 of 125 Flooding on 11-10-22 Agenda Item #6.A.27 Feb 2023Page 57 of 125 Agenda Item #6.A.27 Feb 2023Page 58 of 125 Entrance Road to Lift Station 11/10/22 Agenda Item #6.A.27 Feb 2023Page 59 of 125 Page 60 of 125 CITY OF ATLANTIC BEACI-I CITY CO1Vll\/IISSION NIEETING STAFF REPORT AGENDA ITEM:Property to be declared surplus. SUBMITTED BY:l\/lelissa Bums,Dii'ecto|'or Finance n?fb‘ TODAY’S DATE:February 15.2023 MEETING DATE:February 27.2023 BACKGROUND:Over tirne,the City accumulates various pmpeny/assets thatlosetheir usefulness due to deterioration or obsolescence.Only items deerned to be truly of no us e totheCityare on this list,These properties are either not operational or are deemed no longer cost— eH‘ective torepair. BUDGET:None RECOMMENDATION:Declare this list of property as surplus so that the items onitrnaybe disposed ofin the most bene?cial way to the City. ATTACHMENTS:List of property to be declared surplus Capital asset disposal request forms Fleet inspection reports RE‘/lE“’ED BY CITY I\/IANAGERZ Agenda Item #6.B.27 Feb 2023Page 61 of 125 CITY OF ATLANTIC BEACH SURPLUS PROPERTY LIST AS OF FEBRUARY 27,2023 DESCRIPTION SERIALNIN #FLEET #FA #DEPARTMENT Police 2010 Chevrolet 1500 1GCPKPEXOA2158651 00002129 Police 2010 Chevrolet lmala 2G1WDSEM8A1191446 00002132 Police 1FMCU9GX6DUD03285 1315 00002430 Lifeuard 1FTNF1E6EKD94087 LG3 00002515 Police 1FAHP2L82FG159491 1501 00002501 Police 2017 Kawasaki Mule ATV JKBAFSA12HB50074O 00002814 Agenda Item #6.B.27 Feb 2023Page 62 of 125 City of Atlantic Beach Caplial Asset Disposal Request Form been of Request:1/4/2023 serial No.1003 Asset ‘rag iv:2/24 vehicle VIN No.1 GCPKPEXOAZ1 53551 Depa?rnanl:Police Location:Public Works Yard Description of lien!Including iusll?ca?orl for disposal request: 2010 Chevrolet 1500 pickup lruck.Mlleage is 88,518,erlglne hours unknown (no hour meler o nvehicle).It was Originally used by Public VVorks,then transferred to Police for use by Animal Co ntr ol.Vehicle has hlgh mileage and extensive rust.ReCDI'fII'I1BI'Id disposal due to wear and age. Reaso f DI an R0 uas F0 C Iatod Not Working 8. Beyond Repair u.Chase Jamison Not Working — Needs Repalr WorkIng<Obsolete Workin9_-Good VVorklr1gAFair X Finance Department Use Only: Date Sent to commission:3 Dlsposltlon Method: Online Aucllonlsold Date: Approved:Denied:Canniballzed Date: Donated Dale: Current Book Value OQ Desiroyea Date: Traded In Date: Transferred Dale: Arnound Sold ForITrade In Date Entered Into System:Entered By:Agenda Item #6.B.27 Feb 2023Page 63 of 125 FLEET INSPECTION REPORT DEPARTMENT:Police TYPE OF VEHICLE:Pick Up Truck VEHICLE#:1008 YEAR:2010 MILEAGE:88516 VIN:1GCPKPEXOA2158651 DATE;12/02/2022SUPERVISOR'SSIGNATURE:RECOMMENDREPLACE:NO X YESMikeDoyle MAKEIMODEL:Chevroletl 1500 HOURS: r......... ..T._..._......_....... ESTIMATED FNCOMPONENT REMARKSANDIORCONDITION COST To REPAIQA ENGNE OKI High Miles I?"-*4 r‘“"“'““‘4 TRANSMISSION OK I High Miles SUSPENSION s-I-EERING MIISS M......J BRAKES Heavy Surface Rust Kr ,_M,'a.....g BODY Fairl Clear Coat peeling ,.....L....4 ELECTRICAL HYDRAULICS 0K ~—-OTHERREQUIREDREPAIRS!COMMENTS .L ,_INSPECTED BY:Gene M RECOMMENDPURCHASE:NO YES Agenda Item #6.B.27 Feb 2023Page 64 of 125 City of Atlantic Beach Caplial Asset Disposal Request Form pate or Request:1 14/2023 serial No.1 01 4 Ass-t ‘rag #:2191-vehicle VIN No.2G1VVDSEMBA1191 446 Department:Police Location:Public Vvorks Yard Dascriglion of Its!!!lncludln?ustlflcatlon for disposal raquosl: 2010 Chevrolet impala.Mileage 65.693.engine hours unknown (no hour meter on venicie). Asslgnecl as an unmarked deteoiive/patrol vehicle.Runs rough.rough body oondiiion.Mileage is average but has run a lot of hours based on average for similar vehicles equipped with hour met er.Unable to determine engine hours (no engine meter on these vehicles).Recommend disposal to wear and age. Not Working s. R ls Sal e no :Fggrn COWI2 ated B1: Beyond Repair Ll.Chase Jamison Not Working _ Needs Re air VVorkIng~Obso|ele Working-Goad VVOrkir\-Fair F/nanee oepenment Use Only: Date sent to Commission:glzglég Dlsposltlon Method: Online Auction/sold Date: Approved Denied:cannioaiized Date: Donated Date: Current Bunk vaiu £12 Destroyed Date: Traded in Date: Transferred Dale: Arnound Sold For/Trade In Date Entered into system:Entered By;Agenda Item #6.B.27 Feb 2023Page 65 of 125 FLEET INSPECTION REPORT DEPARTMENT:Police VEHICLEII:1014 VIN:2G1WDSEM8A1191446 TYPE OF VEHICLE:Car YEAR:2010 MILEAGE:65693 MAKEIMODEL:Chevrolet]Impala HOURS: ‘L;_.._.._ _..e,W,mewM.:.n r_.._m..__wmmW..T _ESTIMATED COMPONENT REMARKSANDIORCONDITION “JrCOST TO REPAIR F “T”W‘ ENGINE OK ...w¢ww TRANSMISSION ox ma.‘_.,4 ~..=._.:._i SUSPENSION OK STEERING 1 J wiw. BRAKES Surface rust on rotors ,1 _W L aonv Rough L W."‘2.1 ELECTRICAL OK HYDRAULICS OTHERREQUIREDREPAIRS!COMMENTS 4%..“4.__.__lINSPECTEDBY:Gene MDATE:12/02/2022SUPERVISOR'S SIGNATURE:Mike DoyleRECOMMENDPURCHASE:NORECOMMENDREPLACE:NO YESxYES Agenda Item #6.B.27 Feb 2023Page 66 of 125 City of Atlantic Beach Captial Asset Disposal Request Form Date of Request:1/4/2023 seriai No.1 31 6 Asset Tag #=Z430 Vohlcle VIN No.1 FMCU9GX6DUD O3285 iaepanmenc:i=-eiiee Location:Publlc Works Yard Description of item ineiuuing jusliflcatian for disposal request: 2013 Ford Escape.Mileage is 53.470.unknown enine hours (no hour meter).Assigned as a p a t r o l car and men um I ed as a volunteer program vehicle.Has had signlflcanl eieciricai problems a n d issues.Constantly in shop for repairs.check engine light on reguiariy.smeii of burnt eiecmcai w ir e s in venicis.Recommend disposal due to mechanical Issues,wear.and age, 835395 1 L Q ggogg Rogues Fo In Colng [ad 51: Not VVOrkirig 8: Beyond Repair Ll.Chase Jamison Not Working — Needs Repair weri<ing—ouseieie V\Ioi'king»Gcod V\Iorking—Fair |VVorking —Poor x Finance Departlnenf use Only: Date Sent to Commission:ZZZZ/Z 5 Disposltlon Meu»-on: Oi-illne Aucuoi-ilsold Date: Approved:Denied:Canniballzed Dale: Donated Date:1 Current BOOK Value Deslroysd Date: Traded In Date: Transferred Date: Arnaund Sold For/Trade In Date Entered Info System:Entered By:Agenda Item #6.B.27 Feb 2023Page 67 of 125 FLEET INSPECTION REPORT DEPARTMENT:PoIice VEHICLE#:1316 VIN:1FMCU9GX5UUU03285 I TYPE OF VEHICLE:Suv I Crossover YEAR:2013 I MILEAGE:53470 MAKEIMODEL:Ford /Escape HOURS: E‘ —”“F‘"”'/""“”""'”"“”"""’"“T"""’’ ESTIMATED COMPONEN1 REMARKSANDIORcommon M W COST TO REPAIR ENGINE Runs /Has check engine light on I‘ TRANSMISSION OK ‘I SUPERVISOR‘SSIGNATURE:Mike Doyle >~--«Jr » SUSPENSION STEERING OK L_ BRAKES Surface rust r --+-—-—«--«=~—~+»~=»~=———«~=-1«~———=»~—-—«—r BODY Good /Small holes from lights I--~"r ~-——~r ~--—-~ ELECTRICAL OKHYDRAULICS 2.OTHERREQUIREDREPAIRS!COMMENTSr— ~-~~=qINSPECTEDBY:Gene M RECOMMENDPURCHASE:NO YESDATE:12/02/2022 RECOMMENDREPLACE:NO X YES Agenda Item #6.B.27 Feb 2023Page 68 of 125 City of Atlantic Beach Captial Asset Disposal Request Form Date of Request:1/4/2023 Sorlal No.LG3 Asset Tag it:.2515 vehicle vm No.1 FTNF1 E6EKD 94D87 Department:Ponce Location:Pu bllc Works vard oescrlption of Item inciudinguustincation for disposal request: 2014 Ford F150 Pickup.Mileage is 21,732.Engine hours are unknown (no hour meter equipped). vehicle was assigned to Ocean Rescue.Vehicle has extensive,heavy rust from constant use the beachrrorn.sun operating but runnlng into mechanical Issues with it due to rust damage. Recommend dispose:due to wear. I I 0 Re S :Form Corngloled Bx, Not Working & Be ond Re air Ll.chase Jarnlson Not Working — Needs Repair VVorkiI'|9-Obsolete VVorking—Gccd V\Iorking—Fair Vvorkigg-Poor x Finance Department Use Only: Date sent to commission:2121123 Disposition Method: Onlina Auction/soid Date: Approved:Denied:Cannlbalized Dale: Donated Dale: Current Book value 5 0 Deslrgyad Dale: Traded In Date: Transrerred Dale: Arrlound Sold Forrfrade In Date Entered Into Syslerrl:Entered By:Agenda Item #6.B.27 Feb 2023Page 69 of 125 r I I ““‘I‘ sg$:E:f’N'gNRust on suspension "‘"WT M“? BRAKES Heavy rust BODY Fair -W-..J FLEET INSPECTION REPORT DEPARTMENT:PoliceILife Guard VEHICLE #:LG3 VIN:1FTNF1E5EKDg4037 TYPE OF VEHICLE:pick up YEAR:2014 MILEAGE:21732 MAKEIMODEL:Ford /F150 HOURS: HWWWIIWWTIWII I I I T“ESTIMATED }_COMPONENT REMARKSANDIORCONDITION W T9931‘TO REPAIR ENGINE Runs as it should TRANSMISSION Shifts as it should ELECTRICAL OK HYDRAULICS ~w_L _.INSPECTEDBY:Gene M RECOMMENDPURCHASE:NO YESOTHERREQUIREDREPAIRSICOMMENTSDATE:12/02/2022 RECOMMENDREPLACE:NO X YESSUPERVISORSSIGNATURE:Mike Doyle Agenda Item #6.B.27 Feb 2023Page 70 of 125 City of Atlantic Beach Captial Asset Disposal Request Form Date of Request:1 /4/2023 serial No.1 501 I VAH P2.l_SLFG-l5?4 aIAssetTag#:200!vehicle VIN No. Department:Police Location:Public works verd Description of item including iustincetlon for disposal request: 2015 Ford interceptor sedan (Taurus).Vehicle assigned and used as a patrol car.Hes very mileage (100,460)and engine hours (1.944;equivalent to d76,640 miles).Mechanical Issues a r e beoorrling more common.particularly in lhe powertrain (engine/lransrnisslon).vehicle was also discontinued and is no longer manufactured.Recornmend disposal due to mechanical issues, and age. R is os I R9 95!:Forrn Corng sled By,‘ Not Working & Beyond Repair Lt.chase Jamison Not Working — Needs Repair VVorkirIg-Obsolete X \IVorking—Good working~l=air Finance Department Use Only: Date sent to commission:3,1;-(L13 Dlsposlllon Method: online Auction/sold Date: Approved:Denied:Canrilbalized Date: Donated Data: current Book value $0 Destroyed Date: Traded in Date: TFEHSFSIISI1 Dale: Amound Sold For/Trade In Date Entered into system:Entered By:Agenda Item #6.B.27 Feb 2023Page 71 of 125 FLEET INSPECTION REPORT DEPARTMENT:Ponce VEHICLE#:1501 VIN:1FHP2L82FG1594919491 ; s TYPE OF VEHICLE:Car YEAR:2015 MILEAGE:100450 MAKE/MODEL:Ford /Interceptor Sedan HOURS‘7944 L w?wmmwwkmmm ESTIMATED COMPONENT REMARKSANDIORCONDITION COST TO REPAIR ENGINE Fairl rough High miles ‘”""“""'I 1'RANsM|ss|oN Fair /rough High miles I L I W___.: SUSPENSION __srseams Farr /rough HughmiIes LL »--=-=4 BRAKES SUIIGCBI'USt I 4 BODY Fairl holes from lights s_EL___..__.w._,,:L.._,L~“.1 ELECTRICAL OK HYDRAULICS OTHERREQUIREDREPAIRS!COMMENTSY...WINSPECTEDBY:Gene M RECOMMENDPURCHASE:NO YESDATE:12/02/2022 RECOMMENDREPLACE:No x YESSUPERVISOR‘SSIGNATURE:Mike Doyle Agenda Item #6.B.27 Feb 2023Page 72 of 125 City of Atlantic Beach Captial Asset Disposal Request Form Data of Request:1/4/2023 Serial No.1 51 1 l HA1- \P2.L.9‘-I ra\E-#4“?- Assnl Tag #:3 Vehlcln VIN No. Departvnent:Police Location:Public Vvorks Yard Duscrlptlon of llnnl Including justification for disposal request: 201 5 Ford interceptor sedan (Taurus).Vehicle assigned and used as a patrol car.Has very mileage (95.25-1)and engine hours (6.752;equivalent to 405.120 rnlles).Mechanical Issues are becoming more common.particularly In the powertrain (engine/transrnlsslon).Vehicle was also dlseontlnued and is no longer manulactured.Recommend disposal due to mechanical Issues. and age. Rea on Dis Os IRB 0 I:Fg_[1CornglegadBx: Not Vvorking & Beyond Repalr l_t.Chase Jamison Not Working - Needs Repair VVorkIng—Obsolete X VVorkir1 -Good Working-Fair Finance Department Use Only: Date sent to Commission:2.127123 Dlgposillon Method: onllne Auction/solo Dale: Approved:Denied;Cannlbalized Date: Donated Dale; current Book value -90 Destroyed Date: Traded In Dale: Transferred Date: Arnound Sold ForITrade In Date Entered into system:Entered By:Agenda Item #6.B.27 Feb 2023Page 73 of 125 FLEET INSPECTION REPORT DEPARTMENT:Poiice VEHICLE#:151 1 VIN:1 FAHP2|_84FG1594929492 TYPE or VEHICLE:ca,YEAR:2015 MILEAGE:96267 MAKEIMODEL:Ford /Interceptorl Sedan H°UR5=6752 I"""“"“‘f"“"“'“”*“” ’'I 'I ESTIMATED COMPONENT A REMARKSANDIORCONDITION “M COST TO REPAIR 9I’_“‘—“““-‘“I*““”“‘*‘‘”"“’“’r“"“““*“”‘“““"°“““"”i ENGNE Runs /High miles /Hours TRANSMISSION Shifts /High miies /Hours ,_T2 .,_¢.,_...u,J SUSPENSION OK STEERING l’\'—T , BRAKES Surface Rust aony Fair/Left front headlamp and bumper has damage. ELECTRICAL OKHYDRAULICS OTHERREQUIREDREPAIRSICOMMENTS .2 7 g4/INSPECTED BY:Gene M RECOMMENDPURCHASE:NO YESDATE;12/02/2022 RECOMMENDREPLACE:NO XYESSUPERVISOR‘SSIGNATURE:Mike Doyie Agenda Item #6.B.27 Feb 2023Page 74 of 125 City of Atlantic Beach Captial Asset Disposal Request Form Date or Request:1 14/2023 serial No.L61 1 Asset Tag 1::ZI’I4 Velllcle VIN No.. JKBAFSA12HB50Cl7 40 Department:Poiiee Location:Public works Yard Description of item Includinllustl?calion for disposal request: 201 7 Kawasaki iviuie ATV.vehicle was assigned to Ooesrl Rescue.vehicle has extensive,he av yrusttromoons|an(use on the beachfront Engine runs but vehicle is badly damaged due to rust an disinoperableforuse.Repairs would far exceed acoeptaioie costs (almost complete rebuild).Ai sohashlghmileage(1 1,327)and engine hours (1 .304)for an ATV.Recommend disposal due to Rgson for Q gag 5]Raguggj:Fo?ng Comg clad Bx; Not Working a. Be,/gnu Repair x Ll.Chase Jamison Not Worklng — Needs Repalr VVorking—Obso|ate Working-Good working-_i=air VVork|I'\Q~Poor Finance Dopenmen:use Only: Daie sent to commission:21221;;Disposition lvietl-oa: Dnllne Auctlonlsold Date: Approvd:Denied:Canrliballzsd Dale:I '7 Donated Dale: curreni Book Value {@132 Destroyed Date: Traded In Dale: Transferred Dale: Amourld Sold FclrITvade In Dale Entered lnla Syslern:Entered By:Agenda Item #6.B.27 Feb 2023Page 75 of 125 FLEET INSPECTION REPORT DEPARTMENT:Police I life guard VEHICLE #:LG17 VIN:JKBAFSA12HB500740 TYPE or VEHICLE:ATV Side x Side YEAR:2017 MILEAGE:11327 MAKEIMODEL:Kawasaki I Mule HOURS:1304 rpm Mk W “W I ESTIMATEWDWW1 LMCOMPONENT REMARKSANDIORCONDITION COST To REPAIR_ ENGWE Runs as it should High mites I Hours I A E TRANSMISSION Shifts 0k L ._.:_:_.:,W,_:..__.N,_: SUSPENSION STEERING Heavy rust I Badly damaged from rust a._m_4r._....E....M —km; BRAKES Heavy Rust ’—"“'~‘“"—"T“““““”*’’“”+‘”"“"J EBODYHeavyRustdamagetobodyandframe I—-~—7 w -«—-—«r-=—~———~-~W»—-—~1 ELECTRICAL okHYDRAULICS , " OTHERREQUIREDREPAIRSICOMMENTSI.__..._.__.___._..,.4 .M.—LINSPECTEDBY:Gene M RECOMMENDPURCHASE:NO YESDATE:12/2/2022 RECOMMENDREPLACE:NO x YESSUPERVISOR‘SSIGNATURE:Mike Doyle Agenda Item #6.B.27 Feb 2023Page 76 of 125 Agenda Item #8.A.27 Feb 2023Page 77 of 125 Agenda Item #8.A.27 Feb 2023Page 78 of 125 Agenda Item #8.A.27 Feb 2023Page 79 of 125 Agenda Item #8.A.27 Feb 2023Page 80 of 125 CITY OF ATLANTIC BEACH CITY CO1VIlVI.lSSI()N NIEETING STAFF REPORT AGENDA ITEIVI:Ordinance No.55-23-37 Franchise Dumpsters SUBl\/lI'I‘TED BY:Angela Irizarry,Code Enforcement Of?ceir: TODAY’S DATE:February 14,2023 MEETING DATE:February 27,2023 BACKGROUND:Ordinance No.S5»23437 was heard and passed first read 2/13 / 202 3.In 2007,Ordinance No.55-0743 1 was adopted to regulate durnpsters/roll otfcontainers thecollection of demolition and construction debris and to establish the requirement that any person o r busin ess who desires to collect construction and demolition debris within the city must first obtain a f r a permit prior to operating in the city.Franchise permit holders are required to pay a $2500 iFeeandan ongoing $1500 annual permit fee.They also must pay the city 20%of all gross revenue co lle ct ed while operating within the city.These fees are passed on to the customers resulting in higher coll ecti on fees for AB residents.Currently,there are only seven companies holding franchise licenses t o pr ov id e roll-off service to contractors and citizens within the City,limiting options for AB citizens. Commonly,contractors and citizens who are unaware ofthe franchise requirement hire roll- o?‘container providers.When this occurs,sta?responds and enforcement is initiated post ing aStop Work Order on the job site.All work must stop until the citizen or contractor is abl e toremovethe dumpster.Container suppliers are not always able to remove the roll-off that same day an d thejobsite could be shut down for several days until the dumpster is removed.Additionally,building insp ector s are not able to complete any inspections while the non—franchise dumpster is on site. By signing the franchise permit application,service providers agree to certain maintenance standa rds for the container/dumpster.To protect our ability to prohibit non—rnainl:ained or unsafe contain ers/ dumpst ers, the proposed ordinance adds regulations to Chapter 16 in order to establish reasonable oper ating and maintenance standards. BUDGET:Estimated loss of revenue from annual fees and gross reve nue -$88,500 RECORIIVIENDATION:Commission approve Ordinance No.55-23-37 on second r AT’I‘ACEI1V]EN’l‘(S):Ordinance No.S5»23—37 /. REVrEwED BY CITY MANAGER:d 'Agenda Item #9.A.27 Feb 2023Page 81 of 125 ORDINANCE NO.55-23-37 AN ORDINANCE,AMENDING THE CODE OF ORDINANCES,CHAPTER 16,SOLID WASTE AND RECYCLING,ARTICLE I SOLID WASTE DEFINITIONS AND PROCEDURES,SECTION 16-1 DEFINITIONS,SECTION 16-2 SOLID WASTE COLLECTION,SECTION 16-8 REMOVAL OF LOT CLEARING,CONTRACTORS‘ DEBRIS;OIL AND GREASE,RENAMING ARTICLE II TO CITY SERVICE FRANCHISE AGREEMENTS,AMENDING AND RENAMING SECTION 16-14 TO CITY SOLID WASTE FRANCHISE AWARD PROCEDURES,DELETING SECTIONS 16-16 FRANCHISE FEES,SECTION 16-18 PRIVATE REFUSE COLLECTORS; COLLECTION OF COMMERCIAL RECYCLING AND CONSTRUCTION AND DEMOLITION DEBRIS,SECTION 16-19 CITY'S COLLECTION EXEMPT FROM SECTIONS 16-10 THROUGH 16-18,SECTION 16-20 APPLICATION;FEE ACTION BY CITY COMMISSION,AND SECTION 16-21 ISSUANCE OF PERNHT,AMENDING SECTION 16-22 PERMIT REQUIREMENTSAND RULES,SECTION 16-24 PERMITS NOT TRANSFERABLE,SECTION 16-25 AUTHORITY OF PERMIT HOLDERS AND SECTION 16-30 VIOLATIONS AND PENALTIES,AND RENUNIBERING SECTION 16- 16 THROUGH SECTION 16-30;PROVIDING FOR SEVERABHJTY;PROVIDING FOR CODIFICATION;PROVIDING FOR CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the purpose and intent of this ordinance is for the health,safety and welfare, order and aesthetics of the City and its residents;and WHEREAS,the City recognizes that it’s residents are in need of debris removal in excess of those services offered by the City’s franchise trash collector;and WHEREAS,the requirement of constructionand demolitiondebris to be removed only by franchised providers increased the cost of debris removal and created another layer of permitting for contractors and citizen;and WHEREAS,the City wishes to reduce the burden placed upon residents by requiring the use of only city approve franchise providers for the removal of constructionand demolitiondebris; and regulations governing the usage and ?tness of NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALFOFTHEPEOPLEOFTHECITYOFATLANTICBEACH,FLORIDA that;Agenda Item #9.A.27 Feb 2023Page 82 of 125 SECTION 1.Reggglation Amended.Chapter 16,ofthe Code ofOrdinances ofthe C it y ofAtlantic Beach,Florida is hereby amended as follows: Sec.1 6-1.De?nitions. For the purpose of this chapter,the following words and phrases shall have t h e meanin gsrespectivelyascribedtothembythissection: b'_u_s;_shall 1: llexll?e rggul gl_l_u coll; _vLad_cC<>_1'L-(?y 12LuJz,YlL'fIC'cuLlgynr. r ial u Bulky waste shall mean large discarded items generated from residences an d com mer cialbusinesseswithinthecity,such as pallets,furniture,refrigerators,stoves and oth er house holdappliances,also called "white goods.“ City shall mean the City of Atlantic Beach,Duval County,Florida,a municipal corp orat ion and its government and the city manager and/or his authorized or designated represent ative. (Iamrnissian shall mean the city commission ofthe City of Atlantic Beach,Flori da. Comn1eI'ciaI rubbish and trash shall mean such combustibles as paper,wood.y a r d trimmi ngsetc.,and noncombustibles such as metal,glass,stone,dirt,etc. Cornmercial solid waste shall mean garbage,rubbish,and trash,etc.,resultin g fromthe normal activities of establishments utilizing containers of two (2)cubic yard capacity ormore. Clornmerciaf unit shall mean any public or private place,building and/or enterp rise devoted in whole or in part to a business enterprise whether nonpro?t or pro?t—making Except where such place,building and/or enterprise constitutes a single—family residence ormultiple dwelling.Those multiple dwellings now being serviced by comrnercial containers wh ich could be serviced in the future shall be considered as "commercial establishments"l Wit hin this classi?cation are,by way of example,stores,shops,grocery stores,food stores,amus ementhouses,drug and sundry stores,dry goods and hard goods stores,package stores,stations, shopping centers and restaurants. Carnmercial (hand pickup)units shall mean any business.profession occu patio ngeneratingtwo(2)or less toters. Construction and deinolition debris shall mean discarded materials generally not to be water—soluble and nonhazardous in nature,including,but not limited to,steel,gla ss, brick, concrete,asphalt roo?ng material,pipe,gypsum wallboard and lumber,Frotn the cor destruction ofa structure as part ofa construction or demolition project or from the r e n o v a ti o n of a structure,and including rocks,soils,tree remains,and other vegetative matter t h a t norrnall yresultsfromlandclearingorlanddevelopmentoperationsforaconstructionproje ct, includin gsuchdebrisfromconstructionofstructureatasiteremotefromtheconstructiondemo litionprojectsite.l\/?xing of construction and demolition debris with other types of so lid wastewill cause it to be classi?ed as other than construction and demolition debris,The term a l s includes :clean cardboard,paper,plastic,wood,and metal scraps from a construction project.Agenda Item #9.A.27 Feb 2023Page 83 of 125 Curbside collectionpoinl shall be that area on or adjacent to the driveway within five(5)feet of,and in no case more than ten (10)feet from the street or roadway and not on the d r i v i n g surface ofthe street or roadway or in the drainage gutter or drainage swale or ditch. Llurnpster shall mean a container emptied by mechanical means,primaril y usedfor commercial or multifamily garbage and trash collection. Electronic waste shall mean computer monitors,computer terminals,CPUS,keyb oard s,televisions,printers,scanners,stereo equipment,radios,VCRs,DVDs,camcorders . deskand mobile phones,pagers,power tools,small kitchen appliances (e.g,microwaves,toaster ovens ) and health and beauty appliances. Fratzchisee shall mean the individual,partnership,or corporation who or which isaward ed a Franchise by the commission to perform the work or service,or to ?jrnish materials o r equip mentorboth,as set forth in this chapter and the ?anchise contract. Garbage shall include and mean all accumulations of animal,Fruit or vegetable matterthat attends the preparation,use,cooking and dealing in,or storage of meats,?sh,fowl , fruit, vegetables,and any other matter,of any nature whatsoever which is subject to decay,put ref act ion and the generation of noxious and offensive gases or odors,or which,during and a?e r deca y, may serve as breeding or fee 'g material for ?ies and/or other germ—carrying insects;b ot tl es , cans,or other food containers which,due to their ability to retain water,may serve as a breedi ng placefor mosquitoes or other water—breeding insects,and does not include recyclables. Garbage container shall include dumpsters,toters,and roll—off‘containers.for yard waste shall also include trashcans,plastic and paper bags (see yard waste recepta cle). Garden trash or yard trash or trash shall mean all the organic refuse accumulate d fromthe care of lawns,shrubbery,vines and trees. t—i;va.v~'/'euv:Hnt-_~nhaH—n1eun—ull raven:?~de|=oveE4—direotIy or—indneGEly bv—u ils lIlllll?¢6?:'?t(l§$O€ll?l—ie§,—pare-nlsrunel —un_y—person ——w-l1iek~a—¥v=€urIelaisee hzrs—u nn1 neia l— £ ntc| e- _al, v.-\454us'r—v&e#‘—a\N—~Inw<ee,f=orn—sv4—i1o—eonnecti43n with (he—aper~a+iaa of n resulenl inl-4nnl— c £> nune1ciul .-ae|}d—wuste—eolleenesnserwieein Il1e—etty~wiIh—n(a—(ledu~)tions wnhmeaaevee Hazardous waste shall mean wastes that are hazardous by reason of their p at h ol o gi ca l, explosive,radiological or toxic characteristics. Household rrash shall mean any and all accumulations of waste material from t h e operati onofahome,which is not included within the definition ofgarbage.Household trash sh all include all bulky wastes,yard toys,and building material waste from residential—type projects,but does not include vegetative matter. Industrial waste shall mean waste and debris from manufacturing and fabric ation plants, lumberyards and construction or demolition ofbuildings,debris and waste accumulation fromland or lot clearing,excavating,building,rebuilding or altering of buildings,structures,rstreets, alleys,driveways,parking areas,sidewalks or parkways,wooden crating,pallet s, dirt,soil, excelsior or any waste materials which because oftheir volume and nature do not le n d them selve stocollectionwithordinarysolidwasteandrefuse. lvluliifamily and conimercial solid waste,rubbish and refuse collection container shallmean any portable nonabsorbent,enclosed container with a close—?tting cover,or doors,isused to store large volumes of re?mse.These include dumpsters,compactors,and permanent —use open»Agenda Item #9.A.27 Feb 2023Page 84 of 125 top roll-offs.Other types of collection containers,capable of being serviced by mechanical equipment,may qualify as this type of container. Multifamily residential shall mean a group of more than four (4)housekeeping units where it is not feasible to have garbage picked up from each individual residence and where either a dumpster,compacting dumpster,or roll-off compactiondumpster is required for central pickup of garbage and trash. Pathological waste shall mean tissues,organs,animal bodies,body excretions,used bandages,medicines,drugs,hypodermic syringes or solid organic wastes from hospitals, laboratories,clinics,physicians‘and dentist offices,animal hospitals or similar sources. Pathological waste container shall mean a disposable,waterproof container or bag,securely closed,not torn or ruptured.Such disposable container or bag shall be placed within an approved collection receptacle. Recyclables shall mean those items on the approved recycling list. Recyclable items shall include but not be limited to metal cans,glass bottles and jars,and plastic (including so?drink,milk,water,juice and detergent)bottles and jugs,?ber (newspaper, magazines,boxboard,brown paper bags,telephone books,catalogues,office paper,etc.), corrugated cardboard,and any other materials which are designated by the public works director. Recycling containers shall mean the receptacles purchased,leased and distributed or placed by or on behalf of the city to city residents or locations for the intended use as receptacles of recyclable materials. Refuseshall include and mean all garbage,dead animals,vegetative garden and yard trash, bulky wastes,household trash,commercialtrash,and constructionand demolition debris. Residential/commercial mechanical compacting dumpster shall mean any residence or commercial establishment where it is not feasible to pick up garbage,trash or recyclable items with a noncompacting dumpster."FEL"refers to front-end loaded container. Residential unit shall mean one (1)single-family dwelling or one (1)living unit in a multifamily dwelling of four (4)units or less as a mobile home in a park utilizing toter container collection. Roll-o?"container shall mean a container of varying bulk nature,either open-top or compacting type,picked up and transported by truck. Rubbish shall mean every accumulationof paper,excelsior,rags,wooden and paper boxes or containers,sweepings and all other accumulation of materials other than solid waste which are usual to housekeeping and to the operationof stores,offices and other business places,including establishments not serviced by a multifamily or commercialdumpster container of two (2)cubicyardsormore.Solid waste shall mean every accumulationof animal,vegetable or other matter that attendsthepreparation,consumption,decay,dealing in or storage of meats,fowl,fruit or vegetable or anyotherputreciblematter,including animal feces and also including cans,containers or wrappers Agenda Item #9.A.27 Feb 2023Page 85 of 125 along with such material.This includes the solid portion of the waste stream includ ing, butnot limited to,garbage,re?ise,rubbish,recyclable items and garden trash. Toler shall mean container with attached lid and wheels supplied by the city or tcontrac torprovidedforgarbagepickupwithautomatedorsemi—automated service. Trash.unless speci?cally provided to the contrary,the term trash shall includ e andmean commercial trash,household trash,and garden and yard trash as de?ned below. Yard waste (or trash)shall mean every accumulation of leaves,grass cuttings,shrub bery,vines and trees,but not including dirt,soil or sod removed in the renovation or rebuildi ng oflawns and turf:and not including tree limb,shrubbery cuttings and the like which exceed s i x (6)inches in diameter or ?ve (5)Feet in length.Items exceeding these size limits or quantities gre ater than Eve (5)cubic yards may require a special pickup at an additional fee.Green waste bya landscape contractor or tree removal operation must be disposed of by the contractor andisnot included within the requirements ofthe city's sanitation contractor's responsibility. Yard waste receptacle shall mean every receptacle equal to those speci?edaboveas residential and commercial solid waste,rubbish or re?ise containers or plastic havinga capacity not in excess of forty (40)gallons and of sufficient physical strength to hol d andcontain their contents while being li?ed and handled during collection. White goods shall mean appliances such as refrigerators,freezers,stoves,o ve ns , washing machines,dryers,water heaters,air conditioners,compressor units,microwave ove ns, televisi onsetsandthelike. (Ord.‘No.55—07—3 1,3-26-07;Ord.No.55-08-33,§(1),6-23-03) Sec.16-2.Solid waste collection. (a)Excess garbage.Any residential unit which routinely generates more garbage tha n canbe contained within the supplied toter,may be required to obtain a second toter forgarbage collection.Routinely is de?ned as more ?equently than once per month.The sec on d toter will be billed at the rate listed in subsection 16-10(1).The city will first notify rwho are generating excess waste by letter.If the excess continues,the resident will requi red to add a second toter for garbage collection. (b)All solid waste accumulated in the city shall be collected,transported and di sp os ed bythe city or a contractor designated by the city manager.E ‘g.I for ' truusporlalioli oflot clearing cmmtruci on_a_nd dcniri?gixx deb A_r;oIItI d/<.—'.I_as as pres ma.LL‘/_Sccl|uvI I no person shall collect,transport thro ugh the streets or alleys ofthe city,or dump,incinerate,or in any other manner dispose solidwaste originating in the city except through written agreement with the city manager.— E«xc:e~p| ionsinc~Iu(4e—enlitie.s liee,-as-eaH2y+he eity¢=o—pec:armeemmoareinl reey-eHng—&ad~laF eon — _ aenm c» imH md denrolition debris renaewnl:Each residence and commercial unit shall separate solidwaste it generates into garbage,yard trash and recyclables for collection.All garbag e contai nersshallbeemptiedandthecontentsthereofshallbedisposedofatleastoncee a c h weekin residential districts.Dumpsters in residential districts and in the business dist rict s shallbe collected as designated by the public works director but no less than one (1)t i perweek. Dumpsters from restaurants,food stores,clubs or other businesses that may rbe Agenda Item #9.A.27 Feb 2023Page 86 of 125 (Ord Sec. a. b. d, expected to contain garbage from food preparation,food containers or vvrappers,etc.shallnot be collected less than twice per week.All yard trash shall be picked up and ofat least once each Week.All containers for recyclable items shall be emptied at l e a s t onceeach week.Businesses and multifarnily residential units generating amounts in exce ss oftvvo(2) toters shall require a.commercial dumpster. .No.55-07-31,3-26-07;Ord.No.S5-08-32,§1,2-25-08) 16-8.Removal of lot clearing,contractors‘debris;oil and grease. Trash and debris caused ?'om tree removal or trimmings or debris froxn lot c l e a r i n g shall be removed by the owner. Waste materials resulting from the construction alteration repair or of buildings or structures or the cleaning of vacant lots must be relnoved bv t h e owneror person performing the work. st-Eueu-mess Spent oils or greases accumulated at garages,?lling stations or similar establis hments will not be removed by the franchisee, All Dumpsters and Roll-off containers used in compliance with the section m us t coniplx with the following standards: 1.Hours of service will be limited to between 7:00 Alvl and 7:00 PIVI. 2.Dumpsters and Roll—of‘f‘containers will be labeled with company nameand telephone number in a conspicuous place clearly visible and legible The citv shall have the right to inspect all Dumpster and Roll—ofT c o nt ai n er s used on anv site within the citx.Dumpsters and roll—otT containers will b e ke pt ingood repair and adequately maintained to safely perform the task,Ln the e v e n t anysuch durnpsters or containers are determined to be unsafe or unsanitarv th e owneror contractor shall have them renioved from the City within 24 hours. No roll—o?‘container used for the collection of concrete or compa rable heavv debris including.soil shall exceed 20 cubic vards in volume. Roll—o1T containers shall not be located within the citv right—of—wav w it h o u t prior written consent of the Public Works Director.Roll-off containers rnavnever remain on the paved surface ofany road overnight. 6,All collected material must be disposed of at an approved licensed d is p o s a l site, 7.Dumpsters and Rolbgffcontainers must be covered when being remove d fromtheir location and traveling through the city. 8.All liguids must be placed in a sealed container to prevent spilling ont o citystreets. 9.Except as in use with an active building,perniit dumpsters and roll- o?‘ contai nersshallnotremainonanylotformorethan90days.Agenda Item #9.A.27 Feb 2023Page 87 of 125 Baa containers placed on City right -of—wav will not be rernoved bv the Citv‘ s Franc hisee.These containers must be removed by the owner’s contractor at the owners exp ens e and shall not be stored at the curb for more than 48 hours. Weather Emer encv,When the National Weather Service National HurricaneCenteror appropriate weather agency declare a tronical storrn warning or a hurricane war nin g for any part ofDuval County,Florida all rolI—o?‘containers and construction du m ps te rs must be emptied or removed From the site and all bag.containers must be rem ove d sothat materials do not become airborne during the storm (Ord.NO.55-07-S1,3-26-07) ARTICLE II.C‘!TY SER VICE FRANCHISE AGREEIIIEIV TS Sec.16-14.5 gig;§olid Waste Franchise award procedures. (8) (b) (0) The city may award 5 gity solid waste franchise as described herein by approval of a majority of the commission.The city,prior to award of a franchise,shall issue request fo r propos alsorbids. A?er award of the ?anchise the franchisee shall have thirty (30)calendar da ys, unless extended by the city,to acknowledge acceptance by notarized signature execution ofthesolid Waste ?'anchise contract.The effective date of the franchise shall be stated inth e franchis econtract. All provisions of the solid waste Eranchise contract shall be incorporated by ref ere nc e aspart ofthis article. (Ord.No.55-07-31,3-26-07) (Ord.No.55-07-31,3-26-07)Agenda Item #9.A.27 Feb 2023Page 88 of 125 Sec.16—l—7l_6.Noncompliance. The franchisee shall not be required to collect any garbage,recyclable items or trashthat does not comply with this chapter. (Ord.No.55-07-31,3-26-07) =r..e.m 22:41:77. 2 1ax:.o:oo[E51] (supp.No.47) Page 8 cf 12 Agenda Item #9.A.27 Feb 2023Page 89 of 125 S1-c.—m—2 u.—is..-.......ee—or peril an. l3he»e.ii_y lnuI1n~ger—oFl-VI-edesignee s|Iu<ll4e42iuer fmneluiae p?flllll?ellII’/titvllrlkl-Q.-G£(1('H'l-l!H(i(i\:ll1 (3llliBt)...—.eeryol ing—col Iec.(—iuvI<v'u|§c+Io 3 he fol Iewving4’eq>uin5Inenl s ((9)¢_$.—l\le'>.é—:’>—()7%I ,—3—;_L§—9~7?'()l(|N0 —S§—|24,b$‘T 8—2—7—|2) Sec.1642i.‘Ely Franchise Permit requirements and rules. All franchise permit holders shall comply with the following requirements and r u l e s: (8) (b) (c) (d) (6) (f) (8) Liability insurance.Each permit holder shall secure and maintain a p u b l i c liability insurance policy in the amount of not less than one million dollars ($1,000, 000.00) pg gc_c;e!1L:gfor one (1)person injured,and two million dollars ($2,000,000.00)formore than one (1)person injured,and property damage liability insurance ofnot le ss thanone million dollars ($1,000,000.00).In addition each perniit holder must atotal umbrella.insurance policy of not less than one million dollars ($1,000, 000.00). All policies must have the city listed as additional insured.Evidence of such i shall be deposited with the city manager or his designee prior to issuance ofthe p e r Upon request by the city,the permittee shall produce evidence of such continue d coverage during the term of the permit. Efquiprnent.Permit holders within the city limits shall use only pnel<-er— Py=pe equipl ?enteriappropriatetnicksforsafelyhauling—FeI|~(s?‘—typ~_%»2<-nnuineispgigx ningthe iuclccl sea ' Sanitary conditions.Each permit holder shall clean the trucks and all co nt ai ne rs from which they collect re?ise as needed,but in no event less than once each Custotners.Permit holders shall serve only those customers who urq:pa yi ng gmLgg_1g_c Fees 1l\rgugh_Lli_e City of A_1Izxup >’~l_1_oI ha_v_e signed an for services provided.Such agreement shall specify the fee to be charged anyextra charges that may occur as a result of services being provided. Identification of equlpntent.Each perrnit holder shall place and maintainthename, telephone number and permit number in a conspicuous place and display t h e sameina conspicuous manner on each vehicle operated by the company and contain erservicedbythemwithinthecity. Inspection.The city shall have the right to inspect all equipment used and al l contai nersservicedbypermitholderswithinthecity.In the event any such equipment orcontai nersaredeterminedtobeunsafeorunsanitary,the permit holder shall have tw ent y — fou r (24) hours a?er notice of the deficiency within which to correct the de?ciency.Thepermit holder shall have the right to appeal the decision of the city's inspector tothecity commission.The safety requirements referred to are not meant to suspe nd anyother requirement ofthe city code or state law. Personnel.Each permit holder shall devote sufficient personnel,time an d atten tion to his re?ise operation to assure a sanitary and safe operation within the city . Tothisend, tn---t-1!:zu2I— 1B—22 xaqazna[E31] (Supp.No.47) Page 5 of 12 Agenda Item #9.A.27 Feb 2023Page 90 of 125 the permit holder shall employ competent and sober personnel within tcity.The permit holder shall employ no person convicted ofa felony crime within (2)years. Each permittee will prepare a written policy as part of its application,addr essin g hiring and retention of its employees with regard to driving violations and rando m testin g for use of illegal substances. (h)Conipliarrce with laws.Each permit holder shall comply with all applicabl e stateand federal laws and regulations and especially those relating to wages and andall other applicable laws pertaining to employment and protection of employ ees, nowor herea?er in effect. (i)Disposal of (,‘4)4vl:9IFI4-6‘1«I(~)II and elmnohtmm materials and recyclables.Each p e r holder shall dispose of all cons1+ueeoen—an<—l denvolitiearmaterials or recyclables co lle ct ed within the city at an approved and licensed disposal site.An alternate site m ay beusedif approved the city manager or his designee. m —.ut«nmH~t-m-wa/,s:earm—+ene\v4ng-mH;mwape;nn:slulll-he-tine I-housanél- l3ve4iundre(I (Io|lnrsrGS—l9'|»J9-¢J0)-for t%ne—year———l)oeuinenIt>£r(i(an—¢»)f'A1 nciHueél—iiIsHrunee- <;overag&i9re<}uir—e<l—Fep(—pe1=n1i{-renewal:l—l3—tlIe-IT—anehi¢ia—peFniM—expire-.a,—u.ekruu ap pn c +m .m: memaangqzecewna he «equarea (Ord.No.55-07-31,3-26-07;Ord.No.55-12-36,§1,8-27-12) Sec.16-24;§.Permits not transferable. Permits issued pursuant to this article shall not be assignable or othervvise transfera ble yyiLlv;) i,n,1LII;prior aggg val of sion.Any attempt at assignment or transfer shall automatic ally render the permit nu and Vo (Ord.No.55-07-3 1,3-26-07) Sec.16-25l_9.Authority of permit holders. Permits are authorized under this article to aid the city in ?il?lling its resp onsi bilit y for providing an adequate,safe and sanitary system ofcollecting,transporting and disposi ng ofrefuse from buildings and establishments vvl1ieh—:we—net-e-overed—by—v,-heei¢y's solid-«vogue- eolleeuanqeevncetracaaviae (Ord_No.SS-07-31,3-26-07) Sec.16-36$.Ownership of recyclable materials. All recyclable materials,once placed at a collection location or in a recycling c o n t a i n e r ata collection location,become the exclusive property of the city and/or its collection contra ctor.Recovery of recyclable materials from any solid waste generated or brought within th e citymust occur prior to the placing in a recyclable container at a collection location,and such r e c shall be subject to state and local public health and safety laws. (Ord.No.S5—07—3 1,3-26-07)Agenda Item #9.A.27 Feb 2023Page 91 of 125 Sec.16-24g.Restrictions on removal of deposited recyclables. No person,firm or corporation shall be permitted to collect,vandalize or either recycling containers or recyclable materials placed in or near the recycling containers,desig natedcollectionlocationsandcommercialdumpsterlocationsunlesspreviouslyauthorizedbythecity. (Ord.No.55—O7—3 1,3-26-07) Sec.16-382_2_.Prilna facie evidence of production ofgarbage;duly of city to inspe ct premis es. Any place of abode or any place of business occupied or in operation shall prim a facie evidence that garbage is being produced and accumulated on the premises.It shall thedutyof the proper representatives of the city to inspect and supervise the premises and remo ve allre?ise and garbage found on the premises,provided the required fees as required by this ch ap te r have been paid by the resident or occupant,or to notify the proper persons ifthe removal nottheduty of the city. (Ord.No.S5-07-31,3-26-07) See.16-29;.Enforcement. The police department,the public works department,the commission,the city orhis designee,the building official and the code enforcement officer,shall enforce thi s cha pter . All parties herein referred to are hereby authorized to sign complaints for a violation oft hi s chapter. (Ord.No.55-07-31,3-26-07;Ord.No.55-12-36,§1,8-27-12) Sec.16-302_-I.Violations and penalties. The violation of any provision of this chapter shall be punished by order and/,or_co_dc enforcement m:tjon_pursuan|tq ch_e;p_ter 2,-Quite V di gOrc|inan _u—l‘+ne43f-t~v&lIuHéreel ??y—dolla«F&(%S2:90:GG—}—pe|-daysliac considered a separate violation.Seieknne+1iarb both—t}\eeommemroiapropert-y—e-waer I#+=ing—t»he —nen—¢r1}n<4=ri4sed—hauIer —and—u-gainat-(-he -hauler—fer—plne6ng—nn-unaut-hecwzed-eonkai»nei= w1'(—h3-n—{«he oity—H+nite'ref-A?ontic-Beaeh— (Ord.No.55-07-31,3-26-07;Ord.No.SS-12-36,§1,8-27-12) l ;'(.:0Il“50{—I)f fyrovisiolrsa Thnenlloaadisnnunocsa-r—pno-as ol'—evdinnn(-es4‘a+con?iet—vvieIr ¢«Ir4s—v.-lncp¢ernI1~.-|o—iheeauent than I|Ie9nIIIe—1IIny—e<9ItI‘|3¢6-.-nu!-hereby—ref)enl&I. ( ?.4§ \3-26-07-) Page 11 of 12 Agenda Item #9.A.27 Feb 2023Page 92 of 125 Se1~s—l(:a§l.—El'!'<u-0 ive dun-.7 ‘l'{v‘a~eI|npIec-alnnll (nice cITe1'O 1"“J'OI‘“?"‘—200?.nnd~svMnll—b¢~1'eeorded—5n—1rbooh—hey1t»and Innillllnnetl by-—¢he—oIerl¢—o8'—(>0Ie €,'My—ol'—:AOI»IIIri(-Bron-II.Doovnl (éouuty-.— Fl¢:ri1lu~.— 6oIncrolilucorrUri!-IrF:S.»§>145.68. SECTION 2.Conflict.All ordinances,resolutions,official determinations or p a rt s thereof previously adopted or entered by the City or any of its officials and in conflict with ordina ncearerepealedtotheextentinconsistentherewith, SECTION 3.Severability.Ifa Court of competent jurisdiction at any time finds provisi onofthisOrdinancetobeunlaw?il,illegal,or unenforceable,the offending provision sh all bedeemed severable and removed ?om the remaining provisions ofthis Ordinance which shall rin?ill Force and intact. SECTION 4.Effective Date.This ordinance shall take effect upon final reading an d app rov al.PASSED by the City Commission on first reading this day of 2 0 2 3.PASSED by the City Commission on second and final reading this day of 2023. CITY OF ATLANTIC BEACI-I Curtis Ford,l\/Iayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Agenda Item #9.A.27 Feb 2023Page 93 of 125 Page 94 of 125 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.95-23-123 Proposed property swap (and associated purchase and sale)of City property (10,676 square feet of land)and property owned by Singleton Associates, LLLP (5,337 square feet of land)on West First Street SUBMITTED BY:Kevin Hogencamp,Deputy City Manager 1054' TODAY’S DATE:February 22,2023 ‘Z MEETING DATE:February 27,2023 BACKGROUND:Singleton Associates,LLLP (“Singleton”)approached the City and made the referenced property swap offer (and associated purchase and sale)to resolve encroachment issues at Singleton Mobile Home Park,which is located at 120 Mayport Road.These terms are set forth in the attached Nov.2,2022,correspondence to City Manager Shane Corbin from attorney John T.Dekle,who , represents Singleton,as well as the attached proposed Real Estate Contract which modi?ed and updated some of the terms in the original Nov.2 letter. 1.Singleton offers $79,963.24 in consideration to the City to purchase its property,in the form of the following two amounts: (A)In-Kind Land:$39,974.13 of in-kind land (5,337 square feet)to the City in exchange for 10,676 square feet of land owned by the City which is depicted on Exhibit B to the Real Estate Contract.This is based on a value of $7.49 per square foot,which is the Just Market Value of the land according to the Duval County Property Appraiser attached as Exhibit B to the Nov.2,2022 letter;and (B)Cash Payment:$39,989.11 in a cash payment (which is the full value of consideration less the value of the land swap property). 2.As proposed by Singleton,the deal would be subject to and conditioned upon closure of all right- of—waywithin the land purchased by Singleton. This ordinance,a requirement for the City to sell land,was approved on its first reading during the February 13,2023 regular City Commission meeting.Please note that ordinance modi?cations that are Staff recommends disapproving the ordinance,and,instead,allowing current encroachment into the right-of-way,perhaps via a conditional,nonexclusive perpetual easement,until such time that the mobile homesaremoved,rebuilt or significantly altered.We furtherrecommend that if the property is redevelopment,the owner be allowed to keep the current number of mobile homes after moving them off City property.BUDGET:To—be—determinedamount of revenue to the City,if approved.Agenda Item #9.B.27 Feb 2023Page 95 of 125 RECOIVIRJENDATION:Consider the second reading and vote on Ordinance No.Staff recommends disapproval per the attached correspondence titled,“Singleton Mobile Home Par k Right—of —Way proposed property swap (and associated purchase and sale)staff sumrnary and recorn rnend ations ”.ATTACHlVIENT(S): -Ordinance No.95-23—123 0 Nov.2,2022,correspondence from attorney John T.Dekle,with Exhibits and Real Contract, with Exhlbits 0 Singleton Nlobile Home Park Right—of—Way proposed property swap (and associated purchas e of sale)staff summary and recommendations ("T REVIEWED BY CITY MANAGER:¢D\C_‘L4E é/£2.Agenda Item #9.B.27 Feb 2023Page 96 of 125 ORDINANCE NO.95-23-123 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORI DA,AUTHORIZING THE PROPERTY SVVAP AND ASSOCIATED PURCHASE A N D SALE OF REAL PROPERTY OWNED BY THE CITY LOCATED AT 1 FIRST STREET (A PORTION OF REAL ESTATE PARCEL NO.:170716- 0100),AND PROPERTY OWNED BY SINGLETON ASSOCIATES,LLLP LOCA TEDAT120IVIAYPORTROAD,ATLANTIC BEACH,FLORIDA 32233 (A PORTI ONOFREALESTATEPARCELNO.:170723-0000),AND PROVIDING AN EFFECTIVE DATE. VVHEREAS,Article ll,Section 17 of the Charter of the City of Atlantic Beach req uire s the City Commission to pass an ordinance to authorize the sale of City owned real property,a n dVVIIEREAS,the City is the owner of certain real property located 1 West First Atlantic Beach,Florida 32233 (a portion of Real Estate Parcel No.:170716-0100)consisting of 1 0,676 square feet ofland that is prirnarily right—of—way frontage on West First Street (“ City Prope rty”),a.nd VVHEREAS,Singleton Associates,LLLP (“Singleton”)is the owner of certain re al property located 1 20 l\/Iayport Road,Atlantic Beach,Florida 32233 (a portion of Real Estate Parcel N o. : 170723- 0000)consisting ofapproxirnately 5,337 square feet ofland (“Singleton Property”),and VVHEREAS,the City Property and the Singleton Property are adjacent to each ot h er andthe land contained within both properties are currently used as part ofa rnobile horne park, WHEREAS,the City Property is real property that is not needed for any munic ipal purpose and is desired for purchase by Singleton to resolve a current mobile home encroachment is su e.BE IT ORDAINED BY THE CITY COl\’Il\/IISSION ON BEHALF OF THE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION I:The City is the owner of the City Property,rnore speci?cally des cri be d in Exhib )attached to the Real Estate Contract attached hereto as Attacl1i11enl l. SECTION 2:Singleton is the owner ofthe Singleton Property,more speci?cally des crib ed in Exhib attached to the Real Estate Contract attached hereto as Ltachi11er1t I. SECTION 3:The City shall convey the City Property and acquire the Singleton Prop erty in the rnost bene?cial way to the City,The City l\/lanagcr and/or the l\/[ayor are authorized tosignall docurnents and instruments necessary to effectuate the sale,transfer,acquisition or disposa l oftheCity Property and the Singleton Property,including but not limited to the Real Estate Contr act attached hereto as Attacl1mex1t 1. SECTION 4:The (Tilv l\/lanaizer Cilv r\ltornev and City incluIJi nubutnotliinitcdtotheDirectorofFinance:1 hereby authorized to lake the actions ne cc ssa rv to appropriately‘dispose ofthe Citv Proncrtv and acquire the Singleton Prooertv ll1clLI(.liI‘\L'.notliinitcd lo ren1ovin).'.the City Prgnertv and addinn the Singleton Propcrlv to and froni the Ciu/‘s C a ni la l Asset list,respectively. SECTION 5:This Ordinance shall take effect iinrnediately upon its final passage a n d adoption . sn2m-M24 V1.69:Agenda Item #9.B.27 Feb 2023Page 97 of 125 PASSED by the City Commission on first reading this 13"‘day of February 2023. PASSED by the City Commission on second and ?nal reading this day of 2023. ATTEST: DONNA L.BARTLE CURTIS FORD City Clerk Mayor,Presiding Officer Approved as to form and correctness: JASON R.GABRIEL,ESQUIRE City Attorney 50208424 v1.doc Agenda Item #9.B.27 Feb 2023Page 98 of 125 IOHN T.DEKLE,PL 3579 Saint Johns Avenue Jacksonville,Florida 32205 Phone:(904)551-4422 Facsimile:(904)551~-1839 7\lo\/clnbcr 2.2022 VIA El\’[AlL TO scorbi g com S Shane Corbin 800 Sen inole I{oad City of Atlantic Beach,Florida 32233 Dear lvlr.Col Re:Proposed Ternls —Singleton lvlobil-3 Holne Park Taking into consideration ihe discussions at the recent public htza ing on October 2 5 t h and subsequent discussions with the City Attol'lley (Brenna Durden),lny elieni would like to the following lerllls to resolve me en 1. 3. we \\/ould like to present this proposed deal to the City Council for approval as soon as p n s Iftlle above terlns achlnent issues at Singleton Nlobile Horne Park. My client will pay $79,929.67 for me 10.676 square feet of land needed as depict ed on Ex ‘b A (the “Purchnsc Price").This is based on a value of $7.49 per square fool, which is the Just lvlarket Value of lhe land according to the Duval County Appraise (See Exhi it B) Ifthe City dcsinzs a coinbination ufland und cash payinent.rny client will dead the -5337 squnre feel Orland to the City as depictcd on Exl t A and the Pllrcllllse P ri c e shall be re(lut:::d by $7 49 for each square fool.ofland deeded to the City.This wo uldresultin:1 Purchase Pr e ofnpproxirnzttely $39,972.32 for the land needed.((10676- 5337)x $7.49) lrihe City desires El loealltificaticrl boundary between me mobile home park and Cit yland,n1y client will install a 6’renee in the location depieied on Ex t c.The c o stincurredtoinstalltherenee(estilnated to he app.-oxinmiely $17,000 for cedar or $ 29 , 00 0 for wllite vinyl)will be credited against the Purchase Price. The deal shall be subject to and conditioned upon: (I.Closure orall right ofway within the land needed from the City;and b.If necessary,a grant orselback variances for the mobile homes located alo ng the boundary of I“Street West. le. feasible,l will p1'ep£I'e the contract for review by the City priol to the Please let lne kl1(»w ifyou have any questions or Con-llrlents. John '1‘.Dekle,PL Agenda Item #9.B.27 Feb 2023Page 99 of 125 MAP SHOWINGBOUNDARYSURVEYOF Agenda Item #9.B.27 Feb 2023Page 100 of 125 'cnllapse seaians you do nntwanno print. SINGLETUNASSOCrm 0 3 Primary Site Address 5001 PHIUPS Hwv :73 0 120 MAVPDRTRD mcscsorwuuz,FL32107-9521 Manic Beam H3223! :120 wwron nn P1-‘.9 Deni! {U562 Em|unvJs°2393 MobileHorn:Park k$_iifI__iaIl‘grigs -51 , For mulegal ?suip?on seeL“-“"""-9 Landahegalsedianher su 0.--_.= Total Ara:0 141564 77!!ml:oflhu ;m2prn_|'may ruull in /Ii >RE :1 17n723roooo properly truer.Far mwz ‘U rvwmaIiv~s»Iv u~dmrmmy ° In Progress ‘InPrvg[rur’pm(Irnv arm .:mn,.u.mand olllrr m,-pm/ug Inlvnnallnnon Ihix Mr mpm arm.»milking nu mil anrlunu-v:ly'n1m rlmngr cmrw ...I...<.4 in (II:H1111:s..m...n».m-mmcum/.-.1n.Dunbar hut may iurlmlr nlfictnlcllmlgarmmh n/in «HUI:-uiiou Lg3_mg_up_@?y A?§.&.j.%: Of?cial Rgcnrd Bonk/Page 0 omseossq 9420 Land value (Ma:-kn)‘'$1,062,364.00 $1,062,861.00 .»M Ins , ... :ust(narha)vaIue °sx,s77,sou.ao s1,e77,soo.nu A?eavalue 2I$1y1za‘.76&oo ¢s1_,2zz.s«.oa up um/mummy Amt °$556,731.00]mun $444,655.00]sum §g_nmmmg°$0.00 See below .7 ,nxibuvanie °-;s1,12n,75s;oo___Agenda Item #9.B.27 Feb 2023Page 101 of 125 we suws zzouswm. Mag/xaa 10:] so Aamns Auvaunos SNIMDHSavwAgenda Item #9.B.27 Feb 2023Page 102 of 125 P R O P O S A L Sllverrnan Fence Cornpany 4693 Dusk Court Jacksonville,Florida 32207 (904)730-0882 Fax :(904)73o~5142.Dan:,,.,,,.,Caumm Lmd,5,D3,".\Mvvvv.S|lvarn1anfences.con1 10/ 27/ 22cusamefsnnrntnamePhone:Wor k m mFIeetwood _:ar.=«.:. 7 mm .sza m A7 ZnJacksonville I .r.m......n .¢....sn ;..=.....=..n a.Subolv-nun Na"! I?ltaflll List Fance Dlagrarn Key:Fame tine Exlslsllnqtense aund nq nr hnuss Gar:Opening-1.T.,,,l _ _"mg:n....,m........ -3 92-5 echo n S "f§'JfF'."LE:I§}‘iWu"?.=";i‘..;I‘X 93_osts cu-.c.w:ascm on ................ 5 p K M Cmmss w.fnrvklpsun D P T Pine . "Itxgrass Stockade o Cedar §‘§ ¥—:<::.-:*':.:-.°.9.;00 K__/ P c'ol‘|crete‘-I-$700.00 P35‘/- 0 near Fenze > '— . ;°;;;M0,“ M11.)"i-f_, >-I $29-.1Q5.00 .....,........,..-_.,. u :33:nwounxélr-ytonly "Inpm-ulusiuuuamu- ‘rnlxudovun-xlnlnu Ple ase noteAll A"hqcluded ' b E l 1 i e| |:| a = S rrrufslcamsYhlncslinuxtl: s _ - u eae«_1_cany l .....»....s.....,..v........‘...,=Vlnés a,m,°,. IVFIE Q.:l...y»:......g....Kimba”. Q :: §, |,: S L:Sxifqealion_5: specsnuauons You..r.....,..mane nr.(......,u....,......... S .....,°::,:.:.:::-“°°..., ‘ Dec-a vwor D e e was vedm-vr-ad bv Z $3,’;-‘§52?‘”"""1 ans-tnrna .,M..I ._, :::::;;',:‘;';,':‘g,,w......b.,,.,...........?lrnl?l ....;.,.....s ,.....«..-5-..,...:m.u........u..._...m.u..m...svcc?lulllnns,mu.m ... of clear Ilrue $ILIIIDI puunltvvl In El:nude upon (nu-nplztlcn.(ASH,CHECK or E?iff us p¢||I'Iv:nt_A“work In b < u u ar n ni z o d jbvuni(I)gear, or perscnuls 1............m....a..g.-.......an ....m.........mg...n......:pa...nr cw“:u....:...1.........a...;.....u,.:..._.,. . . ..unu=.....,.., bushes or vines |IurIDtr§hap¢av uuuawcn.uunaanmna ALI.lumbcr human mum and luau uuru In dlnuvnian Izn?lov shape.s u u n - F-naelsmn Inna“:we only nspummnu yo:undrrurnund nhslnlttlvrns sun!‘as pnmcr nus,Iniqudun,gas or sprhihllrllncs of nnu um.vine;y u r man,us"norL1 ‘-"°‘°‘'sllnuznnan Ftnc:yupmubu In rzpd-Ir on;ma.um:ll‘nlarnagnd :IuI1ngpru]a<l nmunaum-.an rnntndczls rtIv|u|n pv up erq g uysnuummRum Ca mm-1 paid in full.Aug spcdnl ordzv i?-Ins sud!as usual ur alum:-mun «pm have u :5»rl?nthhbg mug.iflhn nr dn hasnan.puns:undlar the zap-aeuaunn uf?u oracv ls put-std u as haur um.ivumn fvnnl mnymnnu.Eh-cnnan Fcna ls nutrusuvvulhlz [ o r shippin g dzhausonan-_. nnlrvud sums.All pmpema an lnnrnad nu Ernhul Lam.5.-ulu through Ila sun:of Florida.Unduurvund u u n u a . eunnuums.phone. mm.and n (L).,.u 1.mmua.P|uL:-5.aural-u gum an-rd mm :34 spmu pulnlnd or vn-zriud.Fullg llzrnsaul and Allluhsandtunirurll on hound pur our nun-ruutlruurnnn:<nuzrug'§‘,—‘,~_-1___r ~— — x —\f-av: ‘?ue about puns.svtck?tciians and zuvndl?nnndri V-cvubu u¢...m¢.vm.(snummn mm)an aulhurhnd tn du t h e markasmean“:ammo. rug-naypayxngunmaamugzmva;lurvdnvslnndlhlshutuvsnJ'hnddedd\¢I-uz$I|:'uld¢l2on¢ul\dIwlIl ncidixpl zltnnlud lurgusnt prvjea mmpuuun for mun".-.5 pull ln]uIL Pay-rntvns will bl mm.Ln yull as ou?kned nbnu:(comm :nvrIw|rI.|nn. ssgnagurm Email:lnfo@siIverrnanfences.corn au==um=.:=Du!Agenda Item #9.B.27 Feb 2023Page 103 of 125 Agenda Item #9.B.27 Feb 2023Page 104 of 125 Agenda Item #9.B.27 Feb 2023Page 105 of 125 REAL ESTATE CONTRACT THIS REAL ESTATE CONTRACT (this “Contract”)is made and entered into as of ,2023 (“Effective Date”)by and between SINGLETON ASSOCIATES,LLLP,a Florida limited liability limited partnership (“MHP Owner”)and THE CITY OF ATLANTIC BEACH,a municipal corporation (the “City”). RECITALS: WHEREAS,MHP Owner is the owner of that certain real property located in Duval County, Floridawhich is more particularly describedand depictedon Exhibit “A”attachedhereto (the “MHP Property”),which operates as a mobile home park providing 52 low income workforce mobile home housing units to the City’s residents; WHEREAS,the City is the owner of that certain real property adjacent to the MHP Property which is depictedon Exhibit “B”attached hereto (the “City Property”)consisting of 10,676square feet of land; WHEREAS,there are approximatelythirteen mobile homes owned by the MHP Owner that are encroaching onto the City Property and the City has determinedit is in the publicinterestto resolve the encroachment issue without removing or relocating the mobile homes and displacing tenants; WHEREAS,subject to the provisionsof this Contract,the MHP Owner has agreed to pay, and the City has agreed to accept $79,963.24 for the City Property in the form of the following considerationconsisting of real property,cash,and improvements: A.$39,974.13 —5337 SF ofLand in Kind.Conveyance from the MHP Owner to the City of that certainportion of the MHP Property consisting of approximately5337 square feet of land more particularly depicted on Exhibit “B”attached hereto which the partiesagree is valued at $39,974.13 (the “Land Swap Property”). B.$39,989.11 -Cash Payment.A cash payment to the City in the amount of $39,989.l 1 which is the full value of considerationless the value of the Land Swap Property (the “Cash Payment”) NOW,THEREFORE,for and in considerationof the premises hereof,the sums of money paid and to be paid hereunder,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the partieshereto do covenant,stipulate and agree as 1.Recitals.The recitals set forth above are true and correct and incorporatedherein byreference.Agenda Item #9.B.27 Feb 2023Page 106 of 125 2.Degosit and Insgection (a)Deposit.No later than three (3)business days after the Effective Date,owner shall cause the amount OF FIVE THOUSAND AND NO/100 DOLLARS ($5 , 00 0. 00) in the form era wire to be deposited with John T.Dekle,PL (“Escrow Agent”)a s anearnest money deposit (the “Earnest Money I)e[)osit”).The Earnest Money Deposit beheld in escrow until Closing and be applied to the Cash Payment as a credit to IVIHP o w n er . upon expiration ofthe Inspection Period,the Earnest Nloney Deposit shall become non — reFu nda ble to the MHP Owner except in the event of a City default or as otherwise explicitly setforth herein. (b)Insgection Period.The City and its agents and consultants shzlll have a p e r i o d often (-10)days from the Effective Date,and subject to any other extensions provi dedherein(the “Inspection Period")in which to undertake at the City‘s expense,s u c h physic alinspectionsandotherinvestigationsofandconcerningtheLandSwapPropertyora n y portion thereof including surveys;soil l;-oi-ings;percolation tests;enginee g,envi ron n1e ntal, archeologncal,and endangered or threatened species studies;and other tests,s t and exarninations as the City considers useful or desirable for the City and its consultants toreview and evaluate the physical characteristics cfthe MHP Property For that purpose,Owner hereby grants to Buyer and its consultants and agents ot-as gns,full right ofentry uponthe l\/[HP Property during the Inspection Period and therea?er until the Closing he re un de r. Either party may terminate this Contract during the Inspection Period with wr itt en notice to the other party For any reason whatsoever.lfthis Contract is terminated for a n y reason during the Inspection Period.the Earnest l\/loney Deposit shall be intmediately r et u r n e d to l\/ll-IP Owner and this Contract shall be null and void and ofno Further force or ef fe ct .3.Condiggns to closing.The closing or this contract (the ‘‘Closing’’)i co nti ng ent upon the Following conditions precedent (the “Closing Conditions"): (a)Right orway Closure.All rights orway located within the city Pr o p er ty shall be vacated by City ordinance,which closure and vacation shall be effective upon t h e Closin gcontemplatedherein. (b)Title Ob'ections.l\/[HP Owner shall have cured any title objections raise d by the City that MHP Owner elects to cure pursuant to Section 9 below. (cl)The City expressly declares and the MHP owner expressly ack no wle dge s that the City makes no representation nor commitment that the right of way loc ate d within the City Property will be closed the City Comlrlission.nor that any one or n1ore vari anc es will be approved by any City Board or the commission,and further the city is n o t obli gate dinanymannertoclosesaidrightofwayortoapproveanyvariance(s)that may b e requir edorrequestedbytheMHPownerhereunder. (e)Should the City decline to close the subject right of way or to any variance(s)as described in (a)and (b)above,respectively,then is such event,theMHP Owner shall be entitled to terminate this Contract and receive a return oFthe Earn est Money 2 Agenda Item #9.B.27 Feb 2023Page 107 of 125 Deposit,the parties shall have no further liabilities or obligations arising under this Contract,and this Contract shall be null and void and of no further force or effect. 4.Closing.Upon satisfaction of the Closing Conditions,(1)the City shall execute and deliver to the Escrow Agent a QuitClaim deed conveying the City Property to the MHP Owner,the form of which is attached hereto as Exhibit “C”,(ii)MHP Owner shall execute and deliver to Escrow Agent a special warranty deed conveying the Land Swap Property to the City,the form of which is attached hereto as Exhibit “D”,and (iii)MHP Owner shall deliver the remainder of the Cash Payment to Escrow Agent.Upon receipt of all of the foregoing,Escrow Agent shall pay the Cash Payment to the City,record the deeds in the public records of Duval County,Florida,and deliver the applicable title insurancepoliciesto the City and the MHP Owner. 5.Tax Prorations.All ad valorem real and personal property taxes shall be prorated as of the date of Closing.If,however,the amount of such taxes for the year in which possession is surrendered cannot be ascertained,the rates,millages and assessed valuations for the previous year,with known changes,if any,shall be used as an estimate and tax prorations. 6.Closing Costs.The City shall pay for (i)the cost of its due diligenceinspectionsother than the Phase I Environmental Site Assessment during the Inspection Period,and (ii)the City’s attorney fees.MHP Owner shall pay all other closing costs,including without limitation,(i)the cost to record the deeds,(ii)the cost of documentary stamp taxes on the deeds (iii)the cost of surveys,(iv) any title insurance premiums or search costs for the Land Swap Property and the City Property,(V) the update to the Phase I Environmental Site Assessment,and (vi)MHP Owner’s attorney fees. 7.Title Commitment.Prior to the Effective Date,MHP Owner shall obtain from Escrow Agent and deliver to the City,a 2006 ALTA Commitment with Florida modifications (the “Commitment”)for an owner's title insurance policy to be issued to the City (the “Title Policy”) written by First American Title Insurance Company (the “Title Company”)in an amount equal to Forty Thousand Dollars ($40,000.00)evidencing that MHP Owner is vested with fee simple marketable title to the Land Swap Property.The Commitment shall include copies of all documents referenced therein.The MHP Owner shall pay all costs of any title search,examination or investigation,including the costs of premium for the Title Policy or Title Policies (not to exceed the minimum promulgatedrates)to be issued pursuant to the Commitment.The Commitment shall also evidence that upon the execution,delivery and recordationof the deeds to be delivered at Closing and the satisfaction of all requirementsspecified in Schedule B,Section 1 of the Commitment,the City shall acquire fee simple title to the Property,subject only to the Schedule B~2 exceptions acceptableto the City.The City shall have ?ve (5)days from the date of receipt of the Commitment to make any objections to the Commitment in writing.If the City objects to any matters in the Commitment,MHP Owner shall have until the end of the InspectionPeriod to elect in writing to 8.Surveys.MHP Owner shall obtain and provide to the City surveys and legaldescriptionsoftheLandSwapPropertyandtheCityLandatMHPOwner’s cost and expense priortotheEffectiveDate.9.Default.If either party fails to perform any of the covenants and agreements set forthinthisContractonitsparttobeperformed,and such failure continues for a period of ten (10)days Agenda Item #9.B.27 Feb 2023Page 108 of 125 after written notice thereof,then the other party shall be entitled to pursue any and all available remedies at law,including without limitation,the right of speci?c performance. 10.Litigation and Attorneys’Fees.If it shall be necessary for either party to this Contract to bring suit to enforce any provisionshereof or for damages on account of any breach of this Contract,the substantially prevailing party on any issue in any such litigation and any appeals therefrom shall be entitled to recover from the other party,in addition to any damages or other relief granted as a result of such litigation,all costs and expenses of such litigation and attorneys’and paralegal fees incurred in preparationof trial,at trial and on appeal,which shall include the cost of in house attorneys and paralegals. 11.Counterparts.This Contract may be executed in one or more duplicatecounterparts, each of which shall when taken together be deemed to be a fully executed original. 12.Captions and Paragraph Headings.Captions and paragraph headings contained in this Contract are for convenience and reference only and in no way de?ne,describe,extend or limit the scope or content of this Contract nor the intent of any provisionhereof. 13.Governing Law and Binding Effect.The interpretationand enforcement of this Contract shall be governed by and construed in accordancewith the laws of the State of Florida and shall bind,and the benefits and advantages shall inure to and be enforceable by the Buyer and Seller as well as their respective personalrepresentatives,heirs,successors and assigns.Whenever used, the singular name shall include the plural,the plural the singular,and the use of any gender shall be applicableto all genders. 14.Integrated Contract,Waiver and Modi?cation.This Contract represents the complete and entire understandingand agreement between and among the parties hereto with regard to all matters involved in this Contract and supersedes any and all prior or contemporaneous agreements,whether written or oral.This Contract may not be modified or amended,nor may any provisioncontained herein be waived,except in writing signed by all parties. 15.Further Assurances.In addition to the obligations required to be performed hereunder the parties agree to perform such other acts,and to execute,acknowledge,and deliver such other instruments,documents and other materials,as may be reasonably requested in order to effectuate the consummationof the transactions contemplatedherein. 16.Joinder of Escrow Agent.Escrow Agentjoins in the execution of this Contract for the express purposes of agreeing to be bound by the provisions set forth in this Contract with respect to holding the deeds,the Earnest Money Deposit,and the Cash Payment (collectively,the Escrow Agent some doubt exists as to when,whom or under what circumstances such EscrowMaterialsshallbereleasedhereunder,and the parties hereto are unable after ten (10)days’priorwrittennoticethereoffromEscrowAgent,to agree and direct Escrow Agent,in writing,as towhen,whom or under what circumstances Escrow Agent shall disburse the same,Escrow AgentshallbeentitledtointerpleadtheEscrowMaterialsintotheCircuitCourtofDuvalCounty,withoutfurtherliabilityorresponsibilityonitspart.In any event,however,all parties agree that Escrow Agenda Item #9.B.27 Feb 2023Page 109 of 125 Agent shall have no liability or any further responsibility to any party or person whomsoever for any release ofthe Escrow Materials made by Escrow Agent in good faith unless such disbursement shall constitute a willful breach of the duties and obligations of Escrow Agent under this Contract or gross negligence on the part of Escrow Agent. (This space intentionally left blank)Agenda Item #9.B.27 Feb 2023Page 110 of 125 IN WITNESS WHEREOF,the partieshave caused these presents to be executed on the day and year first above written. “MHP OWNER” SINGLETON ASSOCIATES,LLLP,Florida limited liability limitedpartnership By:Property Planning,Inc,a Florida corporation,as its General Partner By: Printed Name:A.T.Parsons,Jr. As Its:President “City” THE CITY OF ATLANTIC BEACH, FLORIDA a municipalcorporation By: Printed Name:Curtis Ford As Its:Mayor “Escrow Agent” JOHN T.DEKLE,PL By: Printed Name:John T.Dekle As Its:Manager Agenda Item #9.B.27 Feb 2023Page 111 of 125 name;In M ms:zznasum Magnau Jog ALHCIJOHJ ¢IHW«V»1!‘I!'Ix’E[Agenda Item #9.B.27 Feb 2023Page 112 of 125 §__=.=..w..05%E~OEwWu.<>26—._>2Ums:E~O~u_w?.H< 2.3::N Agenda Item #9.B.27 Feb 2023Page 113 of 125 Exhibit “C” This instrument prepared by and should be returned to: John T.Dekle,PL 3679 Saint Johns Avenue Jacksonville,FL 32205 QUIT CLAIM DEED THIS QUIT CLAIM DEED,made this day of ,2023 between, CITY OF ATLANTIC BEACH,FLORIDA,a municipal corporation,whose address is 800 Seminole Road,Atlantic Beach,Florida 32233 (“Grantor”)and SINGLETON ASSOCIATES, LLLP,a Florida limited liability limited partnership,whose address is 5001 Philips I-Iwy.,#7—B, Jacksonville,FL 32207 (the “Grantee”). WITNESSETH,THAT Grantor for and in consideration of Ten Dollars ($10.00),and other valuable considerations,to it in hand paid by Grantee,the receipt whereof is hereby acknowledged,does hereby remise,release and quit-claim unto Grantee any and all right,title, interest,claim and demand which Grantor has in and to that certain parcel of land,situate,lying and being in the County of Duval,State of Florida,as more particularly described on Exhibit “A” attached hereto together with all tenements,hereditaments,easements,and appurtenances thereto (the '‘Property'‘). TO HAVE AND TO HOLD the same and all the estate,right,title,interest,lien,equity, benefit and claim whatsoever of Grantor,if any,in law or equity,to Grantee,its successors and assigns,FOREVER. Subject,however,to (i)all covenants,conditions,restrictions,reservations,limitations, easements,taxes for the year 2023 and all subsequent years,and to all applicablezoning ordinances Property a easement over,across,through said Property,together with a right of access to said Property over lands of the Grantee,for the purposes of installing,operation,maintaining,repairing and replacing utilities and utility-related facilities,including,but not limited to,water,sewer,drainage,structures,lines,pipes andconduits.01865769-2 3 Agenda Item #9.B.27 Feb 2023Page 114 of 125 IN WITNESS WHEREOF,the Grantor has caused these presents to be duly authorized in its name and by those thereunto duly authorized,the day and year first above written. Grantor: Witnessed by:CITY OF ATLANTIC BEACH,FLORIDA Witness Signature By: Name:Curtis Ford Witness Name (print/type)Title:Mayor ATTEST Witness Signature By: ,City Clerk Witness Name (print/type) STATE OF FLORIDA COUNTY OF DUVAL The foregoing was acknowledged before me via []physical presence or []online notarization,this day of ,2023 by and ,the Mayor and City Clerk respectively,of the City of Atlantic Beach,Florida,a municipal corporation,on behalf of the corporation,who is []personally known to me or []has produced as identification. [SEAL] Notary Public Signature Print Name: My Commission Expires: 0l865769-2 4 Agenda Item #9.B.27 Feb 2023Page 115 of 125 Exhibit “A” A PARCEL OF LAND BEING A PART OF THAT CERTAIN UN-NAMED ROADWAY (A 50'WIDE DEDICATED RIGHT~OF-WAY,AS SHOWN ON THE SUBDIVISION PLAT OF SECTION “H”,ATLANTIC BEACH,PLATBOOK IB,PAGE 34 OF THE PUBLIC RECORDS OF DUVAL COUNTY,FLORIDA),SAID UN-NAMED ROADWAY ALSO BEING FORMERLY KNOWN AS MAIN STREET.THE AFORESAID PARCEL OF LAND IS ALSO A PART OF THAT CERTAIN UN-NAMED ROADWAY (A 50‘WIDE DEDICATED RIGHT-OF«WAY,AS SHOWN ON THE SUBDIVISION PLAT OF SECTION ‘IV,ATLANTIC BEACH,PLAT BOOK IS,PAGE 34 OF THE PUBLIC RECORDS OF DUVAL COUNTY,FLORIDA),SAID UN-NAMED ROADWAY ALSO BEING FORMERLY KNOWN AS WEST FIRST.THE AFORESAID PARCEL OF LAND IS ALSO A PART OF THE NORTHERLY 25 FEET AND SOUTHWESTERLY 25 FEET OF BLOCK 23 OF THE AFOREMENTIONED SUBDIVISION PLAT OF SECTION "H",ATIANTIC BEACH.THE AFORESAID PARCEL OF LAND IS ALSO A PART OF THE SOUTH ERLY 25 FEET OF BLOCKS 24 AND 83 OF THE AFOREMENTIONED SUBDIVISION PLAT OF SECTION "H",ATLANTIC BEACH.THE AFORESAID PARCEL OF LAND IS BOUNDED ON THE EAST BY THE PRESENT NORTHWESTERLY RIGHT OF WAY LINE OF MAYPORT ROAD (A VARIABLEWIDTH RIGHT OF WAY, AS NOW ESTABLISHED.THE AFORESAID PARCEL OF LANDIS MORE PA.RTICULA.RLYDESCRIBED AS FOLLOWS: THE POINT OF COMMENCEMENT IS A POINT AT THE SOUTHWEST CORNER OF LOT 6,BLOCK 84 OF THE AFORESAID SUBDIVISION PLAT OF SECTION “H”,ATLANTIC BEACH,SAID POINT IS ALSO SITUATE AT THE INTERSECTIONOF THE EAST RIGHT OF WAY LINE OF AN UN-NAMEDROADWAY CURRENTLY KNOW AS MAIN STREET (A 50'WIDE DEDICATED RIGHT~OF-WAY)WITH THE NORTH RIGHT OF WAY LINE OF AN UN-NAMED ROADWAY CURRENTLY KNOW AS WEST FIRST STREET (A 50'WIDE DEDICATED RIGH'I‘~OF-WAY).THENCE NORTH 89'02‘00”EAST,ALONG LAST SAID NORTH RIGHT OF WAY LINE AND THE EASTERLY PROLONGATION THEREOF,FOR A DISTANCE OF 270.90 FEET TO A POINT SITUATED AT THE INTERSECTION WITH THE CENTERLINE OF A PARTIALLYCLOSED ROADWAY KNOWN AS MAIN STREET (CLOSED BY THE CITY OF ATLANTIC BEACH RESOLUTION NUMBER 65-75~5),SAID POINT ALSO BEING THE POINT OF BEGINNING;THENCE NORTH 35'20'03“WEST,ALONG SAID CENTERLINE OF SAID PARTIALLY CLOSED ROADWAY,A DISTANCE OF 77.09 FEET ‘TOA POINT SITUATE ON THE NORTHERLY LINE OF AFORESAID BLOCK 23,SAID POINT IS ALSO SITUATE ON THE CENTERLINE OF THE AFORESAID UN-NAMED ROADWAY FORMERLY KNOWN AS WEST FIRST STREET;THENCE SOUTH 69‘47‘29'EAST,ALONG THE LAST SAID CENTERLINE AND THE NORTHERLY LINE OF AFORESAID BLOCK 23,FOR A DISTANCE OF 44.19 FEET TO A POINT SITUATE ON THE FORMER NORTHEASTERLY RIGHT OF WAY LINE OF AN UN~NAMEDVACATED ROADWAY FORMERLY KNOWN AS MAIN STREET (A 50'WIDE DEDICATED RIGHT-OF-WAY,AS SHOWN ON THE SUBDIVISION PLAT OF SECTION "H".ATLANTIC BEACH;THENCE NORTH 35°20'03“WEST,ALONG THE LAST SAID FORMER NORTHEASTERLY RIGHT OF WAY LINE,FOR A DISTANCE OF 44.I9 FEET TO A POINT SITUATE AT THE INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF THE AFORESAID UN»NAMED ROADWAY FORMERLY KNOWN AS WEST FIRST STREET.THENCE SOUTH 69'47'29'EAST,ALONG LAST SAID NORTHERLY RIGHT OF WAY LINE AND THE NORTHERLY LINE OF THE AFOREMENTIONED SOUTHERLY 25 FEET BLOCKS 24 AND 83,FOR A DISTANCE OF 4 I 1.37 FEET TO A POINT SITUATE AT THE INTERSECTION WITH THE AFOREMENTIONED PRESENT NORTHWESTERLY RIGHT OF WAY LINE OF MAYPORT ROAD,SAID POINT ALSO BEING A POINT OF CUSP ON A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 557.61 FEET;THENCE SOUTHWESTERLY ALONG THE LAST SAID PRESENT NORTHWESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE,A DISTANCE OF 0.I3 FEET AND THROUGH A CENTRAL ANGLE OF 00‘00‘48", SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 29‘I0‘03"WEST,0.I3 FEET TO A POINT LYING 50.00 FEET NORTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OFTHE RELOCATEDWEST FIRST STREET,AS RECORDED IN OFFICIAL RECORDS VOLUME 3246,PAGE I89 OF THE AFORESAID PUBLIC RECORDS,SAID POINT ALSO BEING SITUATE AT THE INTERSECTION WITH A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF I049.63 FEET;THENCE WESTERLY ALONG THE ARC OF SAID CURVE,SAID ARC LYING 50.00 FEET NORTH OF AND PARALLEL WITH THE AFORESAID SOUTHERLY RIGHT OF WAY LINE OF RELOCATED WEST FIRST STREET,A DISTANCE OF 341.28 FEET AND THROUGH A CENTRAL ANGLE OF 18“37‘45",SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 80“00‘48'WEST 339.78 FEET TO A POINT OF TANGENT SITUATE AT THE INTERSECTION WITH THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF AN UN<NAMED ROADWAY CURRENTLY KNOW AS WEST FIRST STREET;THENCE SOUTH 89'02'00"WEST,ALONG LAST SAID NORTH RIGHT OF WAY LINE,FOR A DISTANCE OF 22.68 FEE"I‘TO THE POINT OF BEGINNING. CONTAINING 10,676.13 SQUAREFEET OR 0.245 ACRES MORE OR LESS. 01865769-2 5 Agenda Item #9.B.27 Feb 2023Page 116 of 125 MAP SHOWING SKETCH OF (SEE LEGAL DESCRIPTION ~PAGE 1 OF 3) (SEE GENERAL NOTES PAGE 2 OF 3) (SEE MAP SHOWING SKETCH PAGE 3 OF 3) c.,,m,,,,»,,,,0._// _ CERTIFIEDTO:SINGLETON'SASSOCIATION,LTD Former MainStreet .—1'hn Normeaslerly Right at Way Una oi/MainStreet as closed by lhe City of AtlanticEaauil ResolutionNo,65-75-5 »»~The Cersmhie el en The Scumotly 25'at /”TH unnamed Ina‘)-vary at $0! BhcH!3,PB.iB,Pg3—t P|l.IBIP|}J4ar:dI\xVr\¢lIy umwn3:Wait First Street I my Mnnhuty Lho oi Bltxil?.PB.15,Po 34 lot5.I‘.llo:kB-1, na 1a,r>.;.u MAINSTREETASGVVIER/\‘V<DEDICATEOTDTHEYawnOFATLANYICaencu,FLURLDAA5PERPB.1 5,PAGE 31) Lo15.Bie>ck&|. P B.13,P 11‘’11.09‘ ThaHmrhi’VWLlmolWesi N 6913200‘E 270.90‘ WEST FIRST STREET IASUWIDER./W~DEDiCI\TEDTOmerowor .. .............".‘!-l"."I‘c°.'3§595".‘.‘:‘?‘3‘9;“.’.‘§?§5‘.”<'.’.1‘3'.”."~°.E3‘.’«~—M ~——~---———~~-«..... The South R/WLinoorWest Firstsum,Pa 13,Pg.34 ~>'» ‘ c_A'_.-5 oooo-48" '._Poinlol Cityoi/ix?lilanfiic c.a.=5 29°10'03"W Point 0 a I l ”Beach,ori a r . Commencement WT-59~onv :2-re. CD.=0.13 ‘rm Sou?mcsto?y 25‘at /'pg‘159 The Present Nerlhweslerly lllxk 25,518.10 Pa 1:R/WLineolhiayport Road A.=3-:1.2a'(D) R_=1049,53‘(D)~Thefhvs’InuuFIlhesWeItEll'IkI‘!EIICDc.A_=1BI37l45n u ‘est?at“lmolnnad _L_§g§Dg c.a.=N ao°oo'4a"w (D)"'"l'.§’Z§'.'1°lW,..c§y"3I"rI:rn3.’Iic"’ A N:Lang",C_D.=33118‘(D)Beach ResolutionNo.05-00-25 CA Central Angle c_g_chem gamma The iormer southerly R/W Linaotweat-” CD.chm‘Dmmw Flint Street as per P.B.18.Pq.34 /ORV OlllcinlRecords Vclumo Thu suumnnyR/W Line0!relocated West M Prat Plat Buck First Street as per ORV 3248,Page ‘IE9 Pg Page P.T.Pointat Tanganl Radius Distance Una Date published in Line Table Denotes Field Measured Boundary Linn Denotes Una nut to Scale °""°‘°3 °"-‘"4 “'9'”°'W97U"I hereby certify that this survey was made to the best of °°"°‘°'P'°‘°"‘Rm“""w“’U“my knowledge and ballet and meets the Standards of o t c lit rclo dRlhltW0:232:L:;U':mn°°N 9 0 ?y Practice as set forih by the Florida Board of Professional Dmams p,_,,,m,,mg,““way UM Land Surveyors in Chapter SJ-17.Florida Administrative Code.pursuant to Section 472.027.Florida Statutes. Unless it bears tha Signature and the Original Raised seal ot a FloridaLicensed Surveyor and Mapper,this Drawing,Sketch,Plat or Map is for informational LECTRONICs,GNM-UR purposes oniy,and is Not valid or unless the Electronic 20224221 o7;53;33.o5~oo Image File bears the Electronic Signature and Seal of e Surveyor and Mapper.this Drawing,Sketch,Flat or Map 2955 pmmma,cm,Road_ is for informationalpurposes only.and is Not valid.Jackgor-wi]Iu_Florida 32223 Scale:1'=120'Map Date:2022 Licensed Business No.:LB 7080JobNo.122-151 File Number:L-230FieldBook:Page or Pages:BY:DVEW"W1-‘WC SHEET 3 OF 3 James W.Cannady,Professional Surveyor 8.Mapper,Checked by:JWC-~—~—-—-————~‘Certi?cate No.5588,State of FloridaOI865769-2 6 Agenda Item #9.B.27 Feb 2023Page 117 of 125 Exhibit “D” This instrument prepared by and should be returned to: John T.Dekle,PL 3679 Saint Johns Avenue Jacksonville,FL 32205 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED,made this day of , 2023 between,SINGLETON ASSOCIATES,LLLP,a Florida limited liability limited partnership,whose address is 5001 Philips Hwy.,#7-B,Jacksonville,FL 32207 (the “Grantor”) and CITY OF ATLANTIC BEACH,FLORIDA,a municipalcorporation,whose address is 800 Seminole Road,Atlantic Beach,Florida 32233 (the “Grantee”). (Whenever used herein the terms Grantor and Grantee include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals,and the successors of assigns of corporations,trust and trustees.) WITNESSETH,that the Grantor,for and in consideration of the sum of Ten AND NO/100 Dollars ($10.00)and other good and valuable consideration to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained,and sold to the Grantee,and Grantee's heirs and assigns forever,the following described land,situate,lying and being in Duval County,Florida,to wit: ***See Exhibit “A”attached hereto*** Subject,however,to all covenants,conditions,restrictions,reservations,limitations, easements,taxes for the year 2023 and all subsequent years,and to all applicablezoning ordinances and/or restrictions and prohibitions imposed by governmental authorities,if any. or in anywise appertaining.TO HAVE AND TO HOLD in fee simple forever.AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seizedofsaidland;that Grantor has good right and lawful authority to sell and convey said land;that the01865769-2 7 Agenda Item #9.B.27 Feb 2023Page 118 of 125 Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under the Grantor. IN WITNESS WHEREOF,the Grantor has caused these presents to be duly authorized in its name and by those thereunto duly authorized,the day and year first above written. Witnessed by: Witness Signature Witness Name (print/type) Witness Signature Witness Name (print/type) STATE OF FLORIDA COUNTY OF Grantorz SINGLETON ASSOCIATES,LLLP,a Florida limited liability limited partnership By:Property Planning,Inc,a Florida corporation,as its general partner By: Name:A.T.Parsons,Jr. Title:President The foregoing was acknowledged before me via []physical presence or []online notarization,this day of ,2023 by A.T.Parsons,Jr.,the President of Property Planning,Inc,a Florida corporation in its capacity as General Partner of Singleton Associates,LLLP,a limited liability limited partnership,who is []personally known to me or []has produced [SEAL] Ol865769-2 as identification. Notary Public Signature Print Name:Agenda Item #9.B.27 Feb 2023Page 119 of 125 Exhibit “A” A PARCEL OF LAND BEING A PART OF LOT 6,BIDCK 84 AS SHOWN ON THE SUBDIVISION PLAT OF SECTION "H",ATLANTIC BEACH,PLAT BOOK 18, PAGE 34 OF THE PUBLIC RECORDS OF DUVAL COUNTY,FLORIDA,ALSO BEING A PART OF THAT CERTAIN UN-NAMED ROADWAY (A 50'WIDE DEDICATED RIGHT~OF-WAY,OF THE AFOREMENTIONED SUBDIVISION PLAT OF SECTION "H",ATLANTIC BEACH.,SAID UN-NAMED ROADWAY ALSO BEING FORMERLY KNOWN AS MAIN STREET.THE AFORESAID PARCEL OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE POINT OF BEGINNING IS A POINT AT THE SOUTHWEST CORNER OF LOT 6,BUOCK 84 OF THE AFORESAID SUBDIVISION PLAT OF SECTION "H", ATLANTIC BEACH,SAID POINT IS ALSO SITUATE AT THE INTERSECTIONOF THE EAST RIGHT OF WAY LINE OF AN UN-NAMED ROADWAY CURRENTLY KNOW AS MAIN STREET (A 50‘WIDE DEDICATED RIGHT-OF—WAY]WITH THE NORTH RIGHT OF WAY LINE OF AN UN-NAMED ROADWAY CURRENTLY KNOW AS WEST FIRST STREET (A 50'WIDE DEDICATED RIGHT-OF-WAY);THENCE NORTH 0I'l5'30"WEST,ALONG THE AFORESAID EAST RIGHT OF WAY LINE OF UN-NAMED ROADWAY CURRENTLY KNOWN AS MAINSTREET,FOR A DISTANCEOF 20.00 FEET;THENCE DEPARTING FROM THE AFORESAID LINE AND RUN NORTH 89°02‘00 EAST,ALONG A LINE BEING PARALLEL AND LYING 20.00 FEET NORTH OF THE AFORESAID NORTH RIGHT OF WAY LINE OF AN UN«NAMED ROADWAY CURRENTLY KNOW AS WEST FIRST STREET,FOR A DISTANCE OF 257.33 FEET TO A POINT SITUATED AT THE INTERSECTION WITH THE CENTERLINE OF A PARTIALLYCIDSED ROADWAY BEING FORMERLY KNOWN AS MAINSTREET (CLOSED BY THE CITY OF ATLANTIC BEACH RESOLUTION NUMBER 65A75»5);THENCE ALONG LAST SAID LINE SOUTH 35°20'03"EAST,FOR A DISTANCE OF 24.23 FEET TO A POINT SITUATED AT THE INTERSECTION WITH THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF AN UN-NAMED ROADWAY CURRENTLY KNOW AS WEST FIRST STREET;THENCE SOUTH 89°02‘00”WEST,ALONG LAST SAID NORTH RIGHT OF WAY LINE,FOR A DISTANCE OF 270.90 FEET TO THE POINT OF BEGINNING. CONTAINING 5,282.33 SQUAREFEET OR 0.121 ACRES MORE OR LESS. OI 865769-2 9 Agenda Item #9.B.27 Feb 2023Page 120 of 125 MAP SHOWING SKETCH OF 240’(SEE LEGAL DESCRIPTION ~PAGE 1 OF 3) (SEE GENERAL NOTES PAGE 2 OF 3) (SEE MAP SHOWING SKETCH PAGE 3 OF‘3) Csntertino of ~—-’ Formar MamSunset CERTIFIEDTO:SiNGLETON’SASSOCIATION,LTD The Northeesteriy Right at Way Lineof MainStreet as closed by the C41)’at AtlanticBeach Resolution No.S5-75-5 ’/..,.—-»——-the Centerline olan unvnamed roadway as per PB.18,Pg.34 and formerly knownas West First Street L The NortheriyUne cl e)ux23,P.e.1a,Pg,M Lot 5.Block M.'33 P.D.iB,Pg.:i-1 ‘A V ‘-_‘/§Q:.t Lot 3,Block B4. PB.18,Pg.M The Southeny 25‘of Block B3.P.iJ.1B,Fg.34 Lot4.Black84. PB.18.Pg.34 MAINSTREET(A5a’\\nDERNV-DEDICATED 10 ‘meTownorATLANT|C at=.Aci1.Px.rJRmAAsPau>e,1a,wr.5e en_.._,..T.__.-_-.I-__-.,--_ Lot BjaockB4, P.B.1B.Pg,J-5 N 89"02‘00"E 257.33‘ L1 '"""T S 89°02'00"W 270.90‘ WEST FIRST STREET (A 50'WTDENW -DED5CJ\TEDYO THE TOWNOF ATLANHCBEACH.F\0?iDl\AS PER |".|l I8,PAGE 34) """""""""""'"iB;‘§3.ItB'iiIv?/'i];;'$rV.»E§Eiiiéisi?eiii3fti.’{E.'5§7A""W W" I Let 2,Block 24./»P.D.1B,Pg.34 , s., TheNorIhl'tIWLinoolWoat ”\’z ~ Beach,FloridaFirstStreet,PB.18.Pg.34 ORV 32“. The southwesterly 25'of pg‘159 Block23.P.B.1B,Pg.34 r \LThe Present Northwesteny R/W Una ul Mayporl Road [ The closing at the West Enhance B to West First Street at itsQ?!intersection withMayport Road as closed by the City of Atlantic Beach ResolutionNo‘6500-25 “atsr‘“AN-c‘12”“ N o1~15~3o-w 2o.oo' §_3é‘_19‘.°£'.§.w_._ Tho lormer Southarly RIWLineolWost~“‘ Arc Length First Suesi on par PD,18.F9.34 .Cuntmi Anglo .Chord Bearing Chord Distance DmcinlRecords Volume .Plat Book 1 Page.Point of Tngant Radius Distance Uno Data published in Line Table Denotes Fluid MunnurudBoundary Lino The southerly R/W Lineof relocatedWnst»/’ First Sueet as per ORV J24S.Paga1B9 Donates Une not to Scale Denotes Closed Right of Way Line Dr.-notesPresent Right of Way Line Donates Centeriino of Closed Right olwny Denotes Lot Line Donates Former Right oi Way Lina Unless it bears the Signature and the Original Raised seal of a Florida Licensed Surveyor and Mapper.this Drawing.Sketch,Plat or Map is tor informational purposes oniy,and is Not valid or unless the Electronic image File bears the Electronic Signature and Seal ofa Surveyor and Mapper.this Drawing.Sketch.Plat or Map Scale:1'=120'Map Date:December 20,2022JobNo.:22-151 FileNumber:L-231FieldBook:Page or Pages:°'“““"""“"°sneer 3 OF 3Checkedby:JWC01865769-2 Licensed Business No.:LB7080By: thereby certify that this survey was made to the best of my knowledge and belief and meets the Standards of Practice as set forth by the Fiorida Board of Professional Land Surveyors in Chapter 5J-17,Florida Administrative Code.pursuant to Section 472.027,Florida Statutes. ECTRONICSIGNATUR 22.12.?!O7:55:25&)5'0 2988 Plummar Cove Road,’H,\STATEOF ,Email:Wes@CsnnadySurvoy.com James W.Cannady,Prolessional Surveyor 8.Mapper,Certi?cate No.5586,State of Florida10 Agenda Item #9.B.27 Feb 2023Page 121 of 125 Singleton Ivlobile Home Park Right—of—V\Iay Proposed property swap (and associated purchase and s Staff Summary and Recommendations Amanda Askew,Building,Planning and Community Development Director Steve Swann,City Engineer Kevin Hogencamp,Deputy City I\/ianager February 22,2023 Summary Vacating the requested section of ROW has not been demonstrated to be in the be st publi c interestof the community. The owners indicated the property is under contract for sale and that they are not inadeed restriction that would guarantee continued use as affordable housing.Future owner (s) is/areunderno obligation to continue the use of this property as a mobile home park. The ROW proposed to be vacated is immediately adjacent to Beaches Veterans l\/ lemori al Parkandcould be used for future park expansion (there is consideration of putting two or more pick leba ll courtsinthe park,for example),additional parking,sidewalks,stormwater retention,and bringing thecuI—de— sac up to standards for turning radius,etc. The property proposed as a trade (red shading in figure below)is "1/2 the size R O W propos ed tobe vacated (blue shading on the map on this page);is further away from Beaches Veterans Memor ial Park; would "shrink”the available area for parking closet to park;and would limit the size pot ent ial sidewalk connection from l\/iayport Road. The proposed fence "walls"off the park and would prevent residents from keeping a n eyeonthepark. This area ofthe street and park would only be visible from the assisted living facility to the west.The City already has vandalism problems at the park. The mobile homes in the area adjacent the proposed swap (area shown in red shading)to the City would not the meet side—yard setback requirement and would require a variance. to Agenda Item #9.B.27 Feb 2023Page 122 of 125 7.Existence of mobile homes encroaching on to the ROW has been known to the owner andtheCitysince at least 1979 (shown in the survey and aerial photograph clips below).Agenda Item #9.B.27 Feb 2023Page 123 of 125 1930 Aerial Photograph 2022 Aerial Photograph 8.The land swap would create a total of 19 parking spaces (Figure A).If the existing fen ce intheareawith the most encroachment is moved a few feet to the north,there would be 18 parking spac es (FigureB). The movement of the fence to the north would not affect the existing the mobile ho m es.Prnpnnnd propcrty ewep AND eenslderlng Iron: 5 parallel spaces -13 angled spaces S|ngleton’s Property Public Property Figure Existing property with fence moved AND eonslderlna :re s 13 parallel spaces -5 angled spaces Singleton’:Propertygqggggg .....n....,.a......_...........m...a.,...ae...maaa,.,sm — ''Public praperxy \ FigureB Agenda Item #9.B.27 Feb 2023Page 124 of 125 Recommendations It is difficult to look into the future and predict future needs.However,this odd shaped right-of-way could be used for projects cited in No.3 above.Meanwhile,yet another example of why it may not be in the best public interest of the community to abandon this right-of-way arose recently with the proposed expansion of lifeguard station.in 1997,the City Commission abandoned a portion of the right-of~way to enable a hotel to expand.Fast-forward to today and,because the land was abandoned,the City was required to apply for a Community Development Board variance that very well may not have been approved,depending on the makeup ofthe board. Staff recommends disapproving Ordinance No.95~23—123and,instead,allowing current encroachment onto the ROW,perhaps via a conditional,nonexclusive perpetual easement,until such time that the mobile homes are moved,rebuilt or significantly altered.We further recommend that if the property is redeveloped,the owner be allowed to keep the current number of mobile homes after moving them off of City property.Agenda Item #9.B.27 Feb 2023Page 125 of 125