8-14-23 Final Agenda
City of Atlantic Beach
Final Agenda
Regular City Commission Meeting
Monday, August 14, 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 Regular Commission Meeting held on July 24, 2023.
7-24-23 Regular City Commission Draft Minutes
5 - 19
2. COURTESY OF FLOOR TO VISITORS
2.A.
Lifeguard Presentations - Recognition for winning 2nd place at Regional
Competition as well as male and female rookie lifeguard of the year awards.
PUBLIC COMMENT
3. CITY MANAGER REPORTS
*
3.A.
Accept the 90-Day Calendar (Aug. - Oct. 2023)
90-Day Calendar (Aug. - Oct. 2023)
21 - 24
3.B.
Stormwater Master Plan Review
Stormwater Master Plan Review
25 - 38
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
*
8.A.
RESOLUTION NO. 23-26 (For Reconsideration with amendments)
39 - 74
Page 1 of 104
Regular City Commission - 14 Aug 2023
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF ATLANTIC BEACH AND HOOSE HOMES AND
INVESTMENTS, LLC, FOR THE PURCHASE OF 2.16+- ACRES OF REAL PROPERTY IN
ATLANTIC BEACH ON DORA DRIVE (PARCEL ID 172118 0000, 172119 0000,
172122 0000) FOR THE PRICE OF $1,075,000; DESIGNATING AMERICAN RESCUE
PLAN ACT FUNDS TO BE USED FOR THIS PURPOSE; AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACTS, COMPLETE DUE DILIGENCE EFFORTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND
PROVIDING AN EFFECTIVE DATE.
Resolution No. 23-26
8.B.
RESOLUTION NO. 23-28
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID 2223-
07 MAYPORT RD WATER MAIN EXTENSION; AUTHORIZING THE CITY MANAGER
TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND
AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Resolution No. 23-28
75 - 78
8.C.
RESOLUTION NO. 23-29
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID
NUMBER 2223-03 PUBLIC WORKS BUILDING RENOVATION PROJECT;
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.
Resolution No. 23-29
79 - 89
*
8.D.
RESOLUTION NO. 23-30
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPOINTING MIKE
NEW THE CITY MANAGER AND AUTHORIZING THE EXECUTION OF AN
EMPLOYMENT AGREEMENT DESIGNATING HIM AS SUCH EFFECTIVE SEPTEMBER
____, 2023; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS
NECESSARY, INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT AGREEMENT,
TO EFFECTUATE THE EMPLOYMENT OF MIKE NEW TO SERVE AS CITY MANAGER;
AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 23-30
91 - 104
9. ACTION ON ORDINANCES
None.
10. MISCELLANEOUS BUSINESS
None.
Page 2 of 104
Regular City Commission - 14 Aug 2023
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, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic
Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting.
Page 3 of 104
Page 4 of 104
Regular City Commission
July 24, 2023
MINUTES
Regular City Commission Meeting
Monday, July 24, 2023 - 6:30 PM
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:35 PM. CC 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: Joe Gerrity, Interim City Manager (CM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Ladayija Nichols, Deputy City Clerk (DCC)
Kevin Hogencamp, Deputy City Manager (DCM)
Victor Gualillo, Police Chief (PC)
Steve Swann, City Engineer (CE)
Mayor Ford requested to move the Boys' and Girls' Club Resolution directly after
Item 2.A.
MOTION: Move up the Item (8A) of the Boys' and Girls' Club to right after Yarborough's
Presentation (Agenda Item 2.A).
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Michael Waters For
Candace Kelly For
Jessica Ring (Moved By) For
Page 1 of 15
Agenda Item #1.A.
14 Aug 2023
Page 5 of 104
Regular City Commission
July 24, 2023
Motion passed 5 to 0.
1 APPROVAL OF MINUTES
1A. Approve minutes of the Special Town Hall Meeting on June 27, 2023.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
2. COURTESY OF FLOOR TO VISITORS
2.A. Presentation of check for Aquatic Gardens Drainage Improvements (Senator
Yarborough and State Representative Michael)
Senator Yarborough and State Representative Michael spoke and presented a $500,000
check to the City. Mayor Ford expressed gratitude.
8A. RESOLUTION NO. 23-23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF ATLANTIC BEACH AND THE BOYS’ AND GIRLS’ CLUBS OF
NORTHEAST FLORIDA, INC., FOR PROGRAMMING MANAGEMENT OF
GAIL BAKER COMMUNITY CENTER AND JORDAN PARK COMMUNITY
CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;
PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
Mayor Ford opened floor to public comments on this item.
Amy Rose commented on this item.
Mayor Ford read the title of the resolution.
CM Gerrity explained the item as detailed in the agenda packet.
MOTION: Adopt Resolution 23-23 as read.
Motion: Candace Kelly
Second: Jessica Ring
Curtis Ford For
Bruce Bole For
Michael Waters For
Candace Kelly (Moved By) For
Jessica Ring (Seconded By) For
Page 2 of 15
Agenda Item #1.A.
14 Aug 2023
Page 6 of 104
Regular City Commission
July 24, 2023
Motion passed 5 to 0.
PUBLIC COMMENT
Mayor Ford explained the process for public comments and opened the Courtesy of the
Floor to Visitors. CC Bartle called each speaker to the podium.
Cindy Anderson spoke about Resolution No. 23-26.
Brinkley Harrell commented on the millage rate.
Amy Rose spoke about the CM search.
Emilio Perez expressed concerns regarding city staff pay.
Mark Gabrynowicz spoke about ESC and made recommendations regarding the
budget. He also complimented Director of Cultural Arts & Recreation, Latrenia Thomas
on her work with Shakespeare in the Park. He addressed the Charter Review Committee
(CRC) and would like to see more environmental leadership.
Gregory Powell commented on Resolution No. 23-26.
Dr. Nancy Staatz commented on Resolution No. 23-26 and the CM search process.
Jim Wheatley commented on the Dora Drive property.
Jackie Beckenbach expressed concerns about the process for hiring a CM and
appointing CRC members.
Susanne Barker expressed concerns about the process for hiring the CM.
Mitchell Reeves encouraged the Commission to keep the importance of stormwater
management in mind.
3. CITY MANAGER REPORTS
3.B. CM Gerrity provided additional updates
CM Gerrity explained the upcoming CM process. He announced the budget workshop
on 7/26/23 at 5:30 p.m. He mentioned that the fallen trees in Johansen Park have been
a recent concern and that an arborist would be out to look at the trees soon. He clarified
that Tri-Bridge Residential has plans to build a hotel, retail space and a brewery at the
old K-Mart plaza in Neptune Beach. He spoke about the budget adoption meeting date
change due to a conflict with the Duval County School Board.
3.A. Accept the 90-Day Calendar (July-Sept. 2023)
Page 3 of 15
Agenda Item #1.A.
14 Aug 2023
Page 7 of 104
Regular City Commission
July 24, 2023
MOTION: Accept the 90-Day calendar.
Motion: Bruce Bole
Second: Michael Waters
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters (Seconded By) For
Candace Kelly For
Jessica Ring For
Motion passed 5 to 0.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Ring
• Thanked all of the CM candidates, CM Gerrity for his help during the process, and
citizens for their input during the process.
• Mentioned that she supports Mr. Drysdale as a candidate but would abstain from a vote.
Commissioner Waters
• Thanked the public for their input in the CM process
• Commented about emails from residents.
• Expressed his opinion that Mr. Drysdale is not the right person for the job.
Spoke about the interview process.
Commissioner Bole
• Congratulated the Community Presbyterian Church for the food event they hosted for
the homeless.
• Spoke about his experience in the HR Department in the Navy as it relates to hiring
processes.
• Explained he would bring a resolution forward to standardize a process for CRC, charter
officers, and other positions.
• Mentioned he has spoken with the CM candidates on the phone.
Commissioner Kelly
• Agreed that better tools should be implemented for interviews and other procedures.
• Spoke about not putting anything in the budget about pickleball until the park’s plan is
reopened.
• Stated she has also completed phone interviews with the CM candidates.
Mayor Ford spoke about the CM process.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
Page 4 of 15
Agenda Item #1.A.
14 Aug 2023
Page 8 of 104
Regular City Commission
July 24, 2023
6. CONSENT AGENDA
6.A. Authorize the City Manager to sign the attached amendment to the three-year
(2022-2025) agreement with the Union.
Commissioner Kelly opted to pull this item for discussion.
CM Gerrity explained the details on which the unions were in agreement.
MOTION: Approve Item 6A (as written).
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Michael Waters For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
8.B. RESOLUTION NO. 23-24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURES OF FUNDS FROM THE TREE
CONSERVATION TRUST FUND FOR DEFINED TREE PLANTINGS ON
PUBLICLY OWNED LANDS WITHIN THE CITY OF ATLANTIC BEACH.
Mayor Ford read the title of the resolution.
CM Gerrity explained the resolution as detailed in the agenda packet.
MOTION: Adopt Resolution No. 23-24.
Motion: Michael Waters
Second: Jessica Ring
Commissioner Ring asked for information regarding how these specific funds would be used.
CM Gerrity stated the funds would be used to study the tree canopy.
Curtis Ford For
Bruce Bole For
Page 5 of 15
Agenda Item #1.A.
14 Aug 2023
Page 9 of 104
Regular City Commission
July 24, 2023
Michael Waters (Moved By) For
Candace Kelly For
Jessica Ring (Seconded By) For
Motion passed 5 to 0.
8.C. RESOLUTION NO. 23-25
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE CITY TO ACCEPT THE 2021 JUSTICE ASSISTANCE
GRANT PROGRAM
Mayor Ford read the title of the resolution.
Chief Gualillo corrected the title of the resolution (which is attached hereto and made a
part of this Official Record as Attachment A).
Commissioner Waters explained that he was okay with not getting another bid, but
expressed that the cameras and signs did not help the noise issue. Chief Gualillo
answered questions about the use, location, and life expectancy of the camera equipment.
7-24-23 Attachment A
MOTION: Approve Resolution No. 23-25 as amended.
Motion: Candace Kelly
Second: Michael Waters
Curtis Ford For
Bruce Bole For
Michael Waters (Seconded By) For
Candace Kelly (Moved By) For
Jessica Ring For
Motion passed 5 to 0.
8.D. RESOLUTION NO. 23-26
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A PURCHASE
AND SALE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND
HOOSE HOMES AND INVESTMENTS, LLC, FOR THE PURCHASE OF 2.16+-
ACRES OF REAL PROPERTY IN ATLANTIC BEACH ON DORA DRIVE
(PARCEL ID 172118 0000, 172119 0000, 172122 0000) FOR THE PRICE OF
$1,075,000; DESIGNATING AMERICAN RESCUE PLAN ACT FUNDS TO BE
USED FOR THIS PURPOSE; AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACTS, COMPLETE DUE DILIGENCE EFFORTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
Page 6 of 15
Agenda Item #1.A.
14 Aug 2023
Page 10 of 104
Regular City Commission
July 24, 2023
Mayor Ford read the title of the resolution.
Commissioner Bole asked if this purchase would save the City long term. CE Swann
responded it would save the City money long term. Commissioner Bole confirmed the
property should be purchased to help with resiliency and stormwater issues. CE Swann
confirmed.
Commissioner Waters asked about the length of the due diligence period, and CA
Gabriel responded 45 days was tentatively agreed upon. CE Swann spoke about phases
one and two of the evaluation plan. There was further discussion about the due diligence
period.
Commissioner Ring asked about the liability wording, and CA Gabriel provided details.
Commissioner Ring spoke about the possibility of extending the due diligence period
and proposed a 90-day period. She asked if there would be an opportunity to cancel the
agreement if, during the evaluation period, issues arose. CA Gabriel confirmed there
would be options for the deal to be withdrawn and answered additional questions.
MOTION: Approve Resolution No. 23-26 with an amendment to the agreement (changing
the due diligent period to 90 days).
Motion: Bruce Bole
Second: Candace Kelly
Mayor Ford spoke in support of the resolution, noting that it is a stormwater project. He
expressed interest in finding out if a tree survey would be necessary before closing.
CA Gabriel noted scrivener errors which he plans to amend in the contract.
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
8.E. RESOLUTION NO. 23-27
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE, THE
CURRENT YEAR ROLLED-BACK RATE, AND THE DATE, TIME AND
PLACE FOR THE FIRST AND SECOND PUBLIC HEARINGS TO CONSIDER
THE PROPOSED FISCAL YEAR 2023-24 MILLAGE RATE AND BUDGET AS
REQUIRED BY LAW; DIRECTING THE CITY MANAGER TO FILE SAID
RESOLUTION WITH THE PROPERTY APPRAISER OF DUVAL COUNTY
Page 7 of 15
Agenda Item #1.A.
14 Aug 2023
Page 11 of 104
Regular City Commission
July 24, 2023
PURSUANT TO REQUIREMENTS OF FLORIDA STATUTES AND THE
RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE
STATE OF FLORIDA; PROVIDING FOR CONFLICTS; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
CM Gerrity noted a date change with the public hearing and the due date. He spoke about
the amendment (which is attached hereto and made a part of this Official Record as
Attachment B) and explained the item. He spoke about pending revenue sources from
the state and noted the millage rate at 3.1035 mils.
Mayor Ford explained a decision needed to be made about the millage rate for the TRIM
notice. The decision would be included in the TRIM notice sent to residents.
Commissioner Bole spoke about the effects of moving the millage rate back and that
moving it forward in the future is difficult.
7-24-23 Attachment B
MOTION: Approve Resolution No. 23-27 as amended.
Motion: Bruce Bole
Second: Michael Waters
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters (Seconded By) For
Candace Kelly For
Jessica Ring For
Motion passed 5 to 0.
9. ACTION ON ORDINANCES
None.
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
None.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
CM Gerrity spoke about the CM interview process and looks forward to spending time with
each candidate.
Page 8 of 15
Agenda Item #1.A.
14 Aug 2023
Page 12 of 104
Regular City Commission
July 24, 2023
Commissioner Bole said the City is lucky to have a tree fund. He thanked the CM and CA for
their support. He mentioned the pickleball group would be attending an upcoming budget
meeting.
Commissioner Kelly mentioned “Back to School with BEAM” is being held on July 29, 2023
and encouraged donations.
Commissioner Waters spoke about DCM Hogencamp and the CM position and expressed his
support for DCM Hogencamp being considered for the CM position.
Commissioner Ring thanked the public for their participation and interest in the topics
discussed at the meeting. She reminded everyone about Friday's upcoming meet and greet and
public interviews on Saturday.
13. ADJOURNMENT
The meeting adjourned at 8:46 p.m.
Attest:
Date Approved:_________________
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Page 9 of 15
Agenda Item #1.A.
14 Aug 2023
Page 13 of 104
Page 10 of 15
Agenda Item #1.A.
14 Aug 2023
Page 14 of 104
Attachment A to
7-24-23 Minutes
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Agenda Item #1.A.
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Attachment A to
7-24-23 Minutes
Page 12 of 15
Agenda Item #1.A.
14 Aug 2023
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Attachment B to
7-24-23 Minutes
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Agenda Item #1.A.
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Attachment B to
7-24-23 Minutes
Page 14 of 15
Agenda Item #1.A.
14 Aug 2023
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Attachment B to
7-24-23 Minutes
Page 15 of 15
Agenda Item #1.A.
14 Aug 2023
Page 19 of 104
Page 20 of 104
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:90-Day Calendar for the Mayor and Commission
SUBMITTED BY:Yvonne Calverley,Executive Assistant to the City Mana
ger%
CJ
TODAY’S DATE:August 8,2023
MEETING DATE:August 14,2023
BACKGROUND:The 90-day calendar is included on the agenda for the purpose of
setting meeting dates and determining the location,time and whether to videotape special
meetings and workshops.The rolling 90-day calendar will be revised after receiving input from
City staff and the Commission,and will be included in each agenda for consideration.
NOTES:
1)Budget Workshops have been scheduled for 5:30 pm on the following dates:
August 24
*2)A Town Hall Meeting is scheduled at 10 am on Saturday,Oct.14 in the Jordan Park
Community Center.
BUDGET:None
RECOMMENDATION:Approve the 90-Day Calendar for August —October 2023
ATTACHMENT:1)Mayor and Commission 90-Day Calendar (August October 2023)
BY CITY MANAGER:
Agenda Item #3.A.
14 Aug 2023
Page 21 of 104
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Agenda Item #3.A.14 Aug 2023
Page 24 of 104
SUBMITTED BY:Joe Gerrity
TODAY’S DATE:August 3,2023
AGENDA ITEM:Jones Edmunds Stormwater Master Plan Review
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
MEETING DATE:August 14,2023
BACKGROUND:Jones Edmunds will give a review of the Stormwater Master Plan approved
by the City Commission in 2018.
BUDGET:None
RECOMMENDATION:None
ATTACHMENT(S):On Site Storage Review
Impervious Area Drainage Impact Analysis
REVIEWED BY CITY MANAGER:
Agenda Item #3.B.
14 Aug 2023
Page 25 of 104
D RAFT
2
On-Site Storage Calculation Review
Agenda Item #3.B.
14 Aug 2023
Page 26 of 104
DRAFT
TECHNICAL MEMORANDUM
TO:
FROM:
Scott Williams,Public Works Director
Brian Icerman,PE;Jarrod Hirneise,PE
1
Onsite Storage Calculation Review
DATE:October 2,2018
SUBJECT:Onsite Storage Calculation Review
Jones Edmunds Project No.08505-003-01
Section 24-66 of the City of Atlantic Beach's Zoning,Subdivision,and Land Development
Regulations requires that the difference between the pre-and post—development volume of
stormwater runoff be stored on-site for rainfall depths up to the 25-year/24-hour return period
depth if 400 square feet or more of new impervious area is added.The City previously
developed a methodology using a Microsoft Excel spreadsheet to calculate pre—and post-
development runoff volumes to determine how much on-site storage volume is required and
compares the required volume to the actual storage volume provided.The City has asked
Jones Edmunds to review the City's methodology and the validity/accuracy of the assumptions
and parameters used in the calculations.This Technical Memorandum summarizes the findings
and recommendations from the review.
The first step of the City's on-site storage calculator is generating pre-and post—development
runoff volumes.The runoff volumes are calculated by multiplying an area-weighted runoff
coefficient by the 25-year/24-hour rainfall depth and the parcel area.The difference between
the pre-and post—development runoff is then calculated to determine the volume of storage
that must be provided.This methodology is valid and within common engineering practices for
completing this type of analysis.
We completed a detailed review of each parameter used to calculate the runoff volumes and
summarized our review and findings below.
The calculator assumes a rainfall depth of 9.3 inches for the 25-year/24-hour event.We
compared this depth to the latest rainfall data source available,the National Oceanic and
Atmospheric Administration's (NOAA)Atlas 14.The 25-year/24-hour rainfall depth for the City
of Atlantic Beach is 9.2 inches based on NOAA Atlas 14.The City has consistently used 9.3
inches since the on-site storage ordinance was passed.Hydrologically,the difference between
08505—O03—
O2October 2018
2 PRE-AND POST-DEVELOPMENT RUNOFF VOLUME
On-Site Storage Calculation Review
1 INTRODUCTION
Agenda Item #3.B.
14 Aug 2023
Page 27 of 104
DRAFT
Figure 1 Runoff Coefficient Table
using 9.3 inches versus 9.2 inches is nominal,therefore,using 9.3 inches for the 25—year/24-
hour rainfall depth is valid.
The calculator uses runoff coefficients of 0.2 for pervious surfaces and 1.0 for impervious
surfaces to calculate pre—and post—development composite runoff coefficients.Using a runoff
coefficient of 1.0 for impervious surfaces is common practice and valid because the rainfall
landing on impervious surfaces will not infiltrate and will run off.
Using a runoff coefficient of 0.2 for pervious surfaces is at the upper end of the range of
commonly used values for lawns in flat landscapes with slopes from 0 to 2 percent.According
to the table in Figure 1 from the Florida Department of Transportation's 1987 Drainage Design
Guide,runoff coef?cients for lawns in design storms with return periods less than or equal to
10 years range from 0.05 for sandy soils to 0.17 for clayey soils.As shown,to convert these
values to coefficients that can be used for the 25-year return period the coef?cients must be
multiplied by 1.1,which moves the range to 0.06 for sandy soils and 0.19 for clayey soils.
According to the Natural Resource Conservation Service's web soil survey,a majority of the
soil in the City is classified as sandy,which means that the runoff coefficient should fall on the
lower end of this range.
2
Onsite Storage Calculation Review
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woodlands
Pasture,pass,and faxmlandj
Rcsidcmial
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SFR:smallerlotsand duplexes
MFR:apanmcms,condominiums
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Lawns
Roo?ovpsand pavcrqens
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Woodlands
Pasture.grass.andfarmland‘
Residential
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MFR:apartments.condominiums
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SandySoils
Min.Max.
0.05 0.10
0.75 0.95
0.10 0.I5
0.I5 0.20
0.30 0.35
0.35 0.45
0.45 0.60
0.50 0.95
0.I0 0.l5
0.95 0.95
0.80 0.95
0.15 0.20
0.20 0.25
0 35 0.50
0.40 0.55
0.50 0.70
0.50 0.95
0.15 0.20
0.95 0.9.5
085 0.95
0 20 0.25
0.25 0.35
0.40 0.55
0.45 0.60
0 60 0.75
0.60 0.95
City Soils
Min.
0.83
0.90
0.15
0.20
0.35
0.40
0.50
0.50
0.I8
0.05
0.90
0.20
0.25
0.40
0.45
0.60
0.60
0.25
0.95
0.90
0.25
0.30
0.50
0.55
0.65
0.65
Max
.0.1‘!
0.95
0.20
0.25
0.45
(L50
0.10
0.95
(L22
0.95
0.95
(L25
0.30
0.55
0.60
0.80
0.95
0.35
0.95
0.95
0.30
0.40
0.65
0.70
(.85
0.95
08505-003-02
October 2018
Table 24-1.Rumio?‘Cot?icients (Q for I:DesignStorm Return Period uI’Ten Years or
Lcss
2.2 RUNOFF COEFFICIEN
Agenda Item #3.B.
14 Aug 2023
Page 28 of 104
Lowering the runoff coefficient used in the calculator would reduce the pre-development runoff
volume and increase the amount of storage required on-site.While the values are currently
close to falling within the generally accepted range,they are skewed to benefit the applicant.
Lowering this value would shift some of the burden of handing the additional runoff from the
City to the applicants.The degree to which the runoff value is changed will determine how
much or how little of this burden is shifted.If the City chooses to use the average sandy soil
value it would change the runoff coefficient from 0.2 to 0.08.
Once the required on-site storage volume is determined,the provided on-site storage volume
is calculated by summing the surface storage provided in the retention area on the parcel and
the sub-surface storage provided in the soil column below the retention area.The provided
storage is calculated and then compared to the required storage volume to determine if
enough storage has been provided to retain the additional runoff volume.This methodology is
valid and within common engineering practices for completing this type of analysis.
We completed a detailed review of each parameter and calculation used to determine the
onsite storage volume provided and summarized our review and findings below.
The surface storage provided is calculated by averaging the area at the bottom of the storage
area and the area at the top of the storage area and multiplying by the depth of the storage
area.The methodology assumes a constant side-slope is provided within the storage area,
which is typically valid.This methodology is valid and within common practice for completing
this type of storage volume calculation.
The subsurface storage provided in the soil column below the surface storage area is calculated
by multiplying the area of the surface storage by the estimated depth to the seasonal high
water table (SHWT)and the fillable porosity/pore factor of the soil.This yields the volume of
open void space in the soil column that can be used for water storage.
Currently,the subsurface storage calculation is doub|e—counting and over-estimating the
amount of storage that is available in the soil column because it does not reduce the soil
storage capacity under the retention area to account for the rainfall volume that immediately
infiltrates into the soil and does not runoff.To account for this,we recommend using a runoff
coefficient of 1.0 for the storage area instead of the 0.2 runoff coefficient that is currently
being used.Using a runoff coefficient of 1.0 for the storage area will ensure that the rainfall
volume infiltrating at the pond is accounted for in the storage calculation.
The subsurface storage calculation assumes a soil fillable porosity/pore factor of 0.3 for the
subsurface storage calculation.This means that 30 percent of the soil column volume is void
and available for runoff retention.As part of the Stormwater Master Plan Update project,Jones
Edmunds calculated the fillable porosities of the Natural Resources Conservation Service
08505-003-02 3
October 2018 Onsite Storage Calculation Review
3.1 SURFACESTORAGECALCULATIO
SUBSURFACE STORAGECALCULATIO
STORAGE CALCULATION
Agenda Item #3.B.
14 Aug 2023
Page 29 of 104
DRAFT
(NRCS)soil types within City limits using data from the University of Florida's Institute of Food
and Agricultural Sciences (UF IFAS)Florida Soil Characterization Data Retrieval System
database.We calculated an average fillable porosity across the City of approximately 0.4.
Based on our calculations using a pore factor of 0.3 is slightly conservative and likely
underestimates the subsurface pore space available.
The subsurface storage calculation assumes a constant SHWT elevation of 3.0 feet across the
City.This elevation is used to determine the depth of the soil column available for soil storage
by subtracting this elevation from the elevation of the bottom of the on—site surface storage
area.Based on a desktop review of NRCS soils data,pond break line elevations in the 2007
Duval County Light Detection and Ranging (LiDAR)digital elevation model (DEM),and St.
Johns River Water Management District (SJRWMD)permit data for developments within the
City,the assumption of a constant groundwater table elevation across the City does not appear
to be valid.According to the NRCS soils data,the SHWT depth for the City is typically within 2
feet of the surface with a majority of it being within 1 foot of the surface.This means that the
water table elevation should vary as the surface elevation varies.
We reviewed the water surface elevations of wet detention stormwater ponds in the
2007 LiDAR DEM.Based on the water surface elevations in the DEM,the groundwater table
elevation appears to vary with the surface elevation.Ponds at higher elevations have higher
water level elevations in the DEM,and ponds in lower-lying areas have lower water-level
elevations in the DEM.
We reviewed SJRWMD permit data obtained from the SJRWMD’s website for the new RaceTrac
gas station being built on Mayport Road and the Caliber Collision on Mayport Road.These
developments are on a ridge that runs through the City and have site elevations between 12
and 13 feet North American Vertical Datum (NAVD)88 based on the DEM.According to the
geotechnical borings for the RaceTrac gas station,the groundwater table was encountered at
approximately 5 feet below the surface or an approximate elevation of 8 feet NAVD88 and the
Geotechnical Report estimates that the SHWT for the site is at an elevation of 10 feet NAVD88.
The pond normal water level for the Caliber Collision is an elevation of 9.8 feet NAVD88 and is
estimated to be 1 foot below the surface.According to SJRWMD permitting criteria,orifice
elevations in wet detention stormwater ponds are set at the estimated SHWT elevation.
Using a water table elevation of 3 feet NAVD88 significantly benefits the applicants in a
majority of the City,creating additional burden on the City's stormwater system.Using a water
table depth of 1 foot below the surface may be too conservative for some of the higher
elevation lots along east of Sherman Creek.Based on these findings,we recommend that the
City hire a certified soil scientist to collect soil samples throughout the City at various
elevations to better characterize how the SHWT varies across the City.The soil scientist should
estimate the depth to SHWT based on indicators within the soil column.We believe the City
could likely then be divided into zones that would more accurately represent the depth to the
SHWT.Alternatively,a depth to SHWT of 1 or 2 feet could be used as a conservative estimate
across the City unless site-specific data are provided that shows a greater depth to SHWT
08505-003-02 4
October 2018 Onsite Storage Calculation Review
Agenda Item #3.B.
14 Aug 2023
Page 30 of 104
DRAFT
ttachment 1
Impervious rea Drainage Impact
nal sis
Agenda Item #3.B.
14 Aug 2023
Page 31 of 104
TECHNICAL MEMORANDUM
Impervious Area Drainage Impact Analysis
TO:Scott Williams,Public Works Director
FROM:Brian Icerman,PE;Jarrod Hirneise,PE
DATE:October 9,2018
SUBJECT:Impervious Area Drainage Impact Analysis
Jones Edmunds Project No.08505-003-02
The City of Atlantic Beach has experienced an increasing amount of impervious area on
residential lots,particularly in the area east of Sherman-Puckett Creek and south of Saturiba
Drive where larger lots are commonly being subdivided into multiple lots with additional
impervious area.Additional impervious area reduces the ability for stormwater to infiltrate into
subsurface soil storage,increasing the volume and rate at which stormwater runoff is
generated.The City is concerned with how this increase in impervious area and runoff will
impact the existing stormwater collection system in these areas.The City's development code
currently allows residential lots to be 50 percent covered by impervious area.We analyzed the
impact of increasing impervious coverage on the City's stormwater collection system and how
much of that impact could be mitigated by reducing the allowable impervious area on
residential lots.
Jones Edmunds previously developed a hydrologic and hydraulic (H&H)model of the City's
stormwater system using Streamline Technologies Inc.Interconnected Pond and Channel
Routing Version 4.03.02 (ICPR4)as part of the City of Atlantic Beach Stormwater Master Plan
Update project.The model was developed at the scale appropriate for evaluating potential
stormwater improvement projects that will be included in the City's Capital Improvement Plan
(CIP).The original model did not contain enough detail to quantify the impacts of increasing
impervious areas on local-scale stormwater collection systems.To analyze the impacts of
redevelopment we selected a representative basin within the existing model,increase the
modeled |evel—of—detail within that basin,and run model simulations to show the impact of
increased impervious area on the stormwater system.The following sections outline the steps
taken to evaluate the impacts of additional impervious area,the results of the analysis,and
recommendations.
Figure 1 shows the representative area of interest (AOI)selected by Jones Edmunds from the
existing ICPR4 model to increase the model level-of—detail within.This area was selected
primarily because it contained several larger parcels with relatively low existing impervious
08505-003-02 1
October 2018 Impervious Area Drainage Impact Analysis
EXISTING CONDITIONS MODEL UPDATES
1 INTRODUCTION
Agenda Item #3.B.
14 Aug 2023
Page 32 of 104
Figure 1 Study AOI
DRAFT
surface coverage that have potential to be redeveloped with significantly more impervious
surface coverage.
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Legend
Area of interest
Existing Inlet
Existing Cutvert
Jones Edmunds subdivided this area into 22 local-scale stormwater basins with an average
contributing area of 0.84 acre.We characterized the hydrologic conditions in the new model
basins using TR-55 curve number methodology with directly connected impervious area (DCIA)
percentages.
We digitized the existing impervious surfaces using Nearmap’s high-resolution imagery
collected on May 4,2018.City permit data was also reviewed from the previous 5 years for
parcel-specific permitted impervious area calculations and plans sets.We incorporated this
data into our impervious area dataset and calculations where available.The aerial imagery and
permit data were used to identify locations where pavers have been installed.According to City
development codes,pervious pavers are considered 50 percent pervious when calculating the
total impervious area of a parcel.We identified approximately 28,000 square feet of pavers in
the AOI,which is approximately 4 percent of the total impervious surface.After reviewing the
permit data provided by the City and determining that most of the pavers in the AOI were
permitted as 50 percent pervious,we decided to model all of the paver surfaces as if they were
50 percent pervious.We also considered pool footprints to be pervious based on current City
development codes.
We used the impervious surface spatial dataset to determine the unconnected and directly
connected impervious area percentages for each of the new basins.We developed a composite
curve number representing the hydrologic response from the non-DCIA area for the basins.We
08505-003-02 2
October 2018 Impervious Area Drainage Impact Analysis
1 noncanals 500 ‘
2.1 HYDROLOGIC UPDATE
Agenda Item #3.B.
14 Aug 2023
Page 33 of 104
DRAFT
used an open land curve number of 65 for all of the basins based on soil data obtained from
the Natural Resource Conservation Service's (NRCS)Web Soil Survey.
Jones Edmunds added 26 nodes,20 pipe links,and 34 overland flow weir links to model the
local—sca|e hydraulics in this area.The City's stormwater asset database was used to determine
pipe shape,size,inverts,and material.We used a 5—foot by 5-foot digital elevation model
(DEM)created using the 2007 Florida Department of Emergency Management (FDEM)Light
Detection and Ranging (LiDAR)data to parameterize the overland flow weir connections and
assign stage-area relationships to the nodes.
Jones Edmunds used the impervious surface spatial dataset,permit data,and Duval County
Parcels spatial data to estimate the existing impervious surface percentage of each parcel
within the A01.We determined that approximately 35 percent of the parcels within the A01
were at or above the 50 percent allowable impervious surface limit and approximately
70 percent of the parcels were above 40 percent impervious surface coverage in existing
conditions.The existing average impervious surface percentage was approximately 45 percent.
Section 24-66 of the City's Land Development Code requires that the difference between the
pre-development and post—development volume of stormwater runoff be stored on—site for the
25-year storm event when 400 square feet or more of new impervious area is added to a
parcel.Assuming that the provided on-site storage facilities are maintained and in working
condition,this means that any additional runoff volume generated by new impervious area
should not impact the City's drainage system if more than 400 square feet of new impervious
area is added.No on-site storage is required if less than 400 square feet of new impervious
area is added,and the additional runoff volume from the new impervious area will impact the
City's stormwater system.
We developed hydrologic parameters for four future conditions bui|d—out scenarios to simulate
the potential impacts of new impervious area on flood conditions in the A01.For the first two
scenarios we assumed that all on—site storage facilities provided for new impervious area are
maintained and in working condition in perpetuity.If this is the case,the greatest impact to
the City's stormwater system would occur if all lots with new impervious capacity added the
lesser of 400 square feet of new impervious or the remainder of their allowable impervious
area coverage and were not required to provide on-site storage.
Scenario 1 assumed that the allowable parcel impervious area was 40 percent with maintained
conditions,and Scenario 2 assumed that the allowable parcel impervious area was 50 percent
with maintained conditions.In the maintained 40 percent coverage scenario (Scenario 1),we
added approximately 13,500 square feet (0.3 acre)of impervious area to the A01.This
increased the basin impervious percentages by approximately 2 percent on average with a
minimum increase of 0 percent and a maximum increase of 6 percent.In the maintained 50
percent coverage scenario (Scenario 2),we added approximately 28,500 square feet (0.65
acre)of impervious area to the A01.This increased the basin impervious percentages by
approximately 4 percent on average with a minimum increase of 0 percent and a maximum
increase of 9 percent.Figures 2 and 3 show the spatial variation of basin impervious area
08505-O03-O2 3
October 2018 Impervious Area Drainage Impact Analysis
2.2 HYDRAULICUPDATES
3 FUTURE CONDITIONS HYDROLOGIC ANALYSIS
Agenda Item #3.B.
14 Aug 2023
Page 34 of 104
Figure 2 Basin Impervious Area Increases for 40 Percent Impervious Maintained
Scenario
percentage increases.Basins with the larger percentage increases contain parcels with low
existing impervious percentages and basins with smaller percentage increases contain parcels
with high existing impervious percentages,which limited the amount of impervious area that
could be added.
Feel
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Figure 3 Basin Impervious Area Increases for 50 Percent Impervious Maintained
Scenario
|'wI??0|NIUAHdvUI"‘¢v9I1VJKD“llon‘“8IuMwuuwdnanu 4093::nun
Legend
Basin Impervious
Percent Increase
No Change
0~5%
5-10°z~
10 15%
15-20%
>209:
4
Impervious Area Drainage Impact Analysis
0-590
5-1 0973
10 15%
15-20%
>20“/s’
08505-O03-O2
October 2018
Basin impervious
Percent Increase
Legend
Agenda Item #3.B.
14 Aug 2023
Page 35 of 104
.q».«,¢..-;-</.-u v;
Figure 4 Basin Impervious Area Increases for 40 Percent Impervious
Unmaintained Scenario
For Scenarios 3 and 4 we assumed that all on-site storage facilities provided for new
impervious area were unmaintained and not in working condition.Currently,the City does not
have a program to inspect the on-site storage facilities to ensure that they are maintained and
kept in working condition.If these systems go unmaintained or are filled,the additional runoff
from the new impervious surfaces will not be retained on-site and will impact the City's
stormwater system.The worst-case scenario for the City's stormwater system would occur if
all on-site storage systems were not maintained and all of the parcels with new impervious
capacity in the A01 were built out to the maximum allowable impervious surface coverage.
Scenario 3 assumed that the allowable parcel impervious area was 40 percent with
unmaintained conditions,and Scenario 4 assumed that the allowable parcel impervious area
was 50 percent with unmaintained conditions.In the 40 percent coverage unmaintained
scenario (Scenario 3),we added approximately 32,500 square feet (0.75 acre)of impervious
area.This increased the basin impervious percentages by approximately 3.5 percent on
average with a minimum increase of 0 percent and a maximum increase of 16 percent.In the
50 percent coverage unmaintained scenario (Scenario 4),we added approximately 76,000
square feet (1.75 acre)of impervious area.This increased the basin impervious percentages
by approximately 9 percent on average with a minimum increase of 0 percent and a maximum
increase of 26 percent.Figures 4 and 5 show the spatial variation of basin impervious area
percentage increases.Basins with the larger percentage increases contain parcels with low
existing impervious percentages and basins with smaller percentage increases contain parcels
with high existing impervious percentages,which limited the amount of impervious area that
could be added.
5
Impervious Area Drainage Impact Analysis
250
Fee
‘lmch equais 500 Ice!
Legend
Basin impervious
Percent Increase
No Change
U-5%
5-10%
10-15%
15-20%
08505-003-O2
October 2018
Agenda Item #3.B.
14 Aug 2023
Page 36 of 104
Figure 5 Basin Impervious Area Increases for 50 Percent Impervious
Unmaintained Scenario
Legend
Basin impervious
Percent Increase
Feet
mah equals 500 Sea
O-5°/a
5-1{)%
10-15%
15-20%
>20%
6
Impervious Area Drainage Impact Analysis
We simulated the FDOT 1-,2-,4-,8-,and 24-hour storm events for the 2-,5-,and 10-year
return periods for the five model scenarios:
Revised Existing Condition Model with Local scale elements modeled.
Scenario 1 —40 percent allowable impervious maintained on-site storage.
Scenario 2 50 percent allowable impervious maintained on-site storage.
Scenario 3 40 percent allowable impervious unmaintained on-site storage.
Scenario 4 50 percent allowable impervious unmaintained on-site storage.
We compared peak flood stages from the four hypothetical scenarios to the revised existing
conditions peak flood stages to determine how flood depths would be impacted by the
additional impervious area.Changes in peak flood stages varied spatially depending on how
much impervious area was added within the associated basin.Basins with lower impervious
area percentage increases experienced smaller flood peak stage increases and basins with
larger impervious area percentage increases experienced larger peak stage increases.Tables 1
and 2 summarize the maximum peak flood stage increases where surface flooding occurs in
the four scenarios compared to existing conditions for the 2-,5-,and 10-year return periods.
08505-003-02
October 2018
F1."tnravmalnnal Purpose:or-Iv 0 05505
AND HYDRAULIC MODELING AND RESULTS
nr-xazseacmasoa0302_huoenmskeumhmmewnwxo?ww??aw Smpevvwstnctease
mg
Agenda Item #3.B.
14 Aug 2023
Page 37 of 104
Scenario
Table 1 Maximum Flood Depth Increases from Existing Conditions
Difference (Inches)
Scenario 2:Maximum Flood Stage
Increase 50 Percent Impervious Maintained
(Inches)
Return Period
V
Average
2-Year 5-Year 10-Year
Difference (Inches)
Scenario 3:Maximum Flood Stage
Increase 40 Percent Impervious
Unmaintained (Inches)
7
Impervious Area Drainage Impact Analysis
,Return Period
Scenario Average
2-Year 5-Year 10—Year
Scenario 4:Maximum Flood Stage
Increase 50 Percent Impervious 6 4 3 4
Unmaintained (Inches)
As shown in Tables 1 and 2,|ocal—sca|e surface flooding will worsen due to the increases in
runoff volume and runoff rate from additional impervious surface coverage.The additional
runoff adds stress to local-scale drainage features that have already met or exceeded their
hydraulic capacities.Systems that are already at or exceeding capacity are prone to creating
nuisance flooding.Our modeling assumes all stormwater structures and roadside swales
between structures are in a well-maintained condition.Any changes to this maintenance
condition could adversely impact the adjacent parcels.
Ultimately,surface flooding will occur more frequently and at greater depths as impervious
surface coverage increases.The additional stress on the drainage system will cause more
frequent instances of nuisance flooding in roadways and on private properties.More frequent
maintenance of the City's stormwater system will be required because of the displacement of
sediment created from increased flows and the deposition of that sediment in the stormwater
system.
These results also show the importance of ensuring that on-site storage systems are
maintained in proper working condition.If these systems are not maintained or are removed,
impacts of additional impervious area on the City's stormwater system will worsen.
08505-O03-O2
October 2018
Scenario 1:Maximum Flood Stage
Increase 40 Percent Impervious Maintained
(Inches)
Table 2 Maximum Flood Depth Increases from Existing Conditions
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.23-28 Bid 2223-07 Mayport Road Water Main
Extension
SUBMITTED BY:Troy Stephens,Public Utilities Director
TODAY’S DATE:August 1,2023
MEETING DATE:August 14,2023
BACKGROUND:A Bid Opening was held on July 12,2023 for Bid 2223-07:
Mayport Road Water Main Extension.The project consists of furnishing all labor,equipment
and materials necessary for installing approximately 40 LF of 6”DRl8 PVC water main and 54
LF of 8”DRl8 PVC water main by direct bury.271 LF of 10”DRll HDPE water main by
Horizontal Directional Drilling;l7LF of 8”DR18 PVC water main installed,connecting the 10”
HDPE pipe to serve a private property on the west side of the ROW at 2150 Mayport Road .
Work includes all pipe,?ttings,valves as shown on the plans required to complete the work.
Three bids for the Water Main Extension were received as follows:
C.A.P.DB Civil TB Landmark
Contractin ,Inc.Construction,LLC Construction,Inc.
Grand Total $193,889.00 $269,894.00 $227,569.00
BUDGET:Funds for this project are budgeted in the infrastructure account
400-5504-533-6300.Project No.PU2101
RECOMMENDATION:Award Bid 2223-07 to C.A.P.Contracting,Inc.in the amount of
$193,889.00,and authorize the City Manager to execute the
contract.
ATTACHMENTS:1.Resolution No 23-28
2.Bid 2223-07 Bid Tabulation
3.Map
REVIEWED BY CITY MANAGER:
Agenda Item #8.B.
14 Aug 2023
Page 75 of 104
PASSED AND ADOPTED by the City of Atlantic Beach,this 14“‘day of August,2023.
RESOLUTION NO.23-28
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AWARDING BID 2223-07 MAYPORT RD WATER MAIN EXTENSION;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS
AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,on July 13,2023,a bid opening was held and three bids were received for City
Bid 2223-07 for the Mayport Rd Water Main Extension;and
WHEREAS,the low bid price of $193,889.00 was received from C.A.P.Contracting,Inc.;
and
WHEREAS,C.A.P.Contracting,Inc.submitted all required documents in their bid submittal
and positive references were received;and
WHEREAS,the project consists of furnishing all labor,equipment and materials necessary
for the Mayport Road water main extension;and
WHEREAS,funds for this design are budgeted in the infrastructure account 400-5504-533-
6300 under project number PU2101;and
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Commission hereby authorizes the City Manager to execute the
contract with C.A.P.Contracting,Inc.,in the amount of $193,889.00 to perform the work for said bid
in accordance with the bid speci?cations;
SECTION 2.The City Commission hereby authorizes the City Manager execute the
contract with C.A.P.Contracting,Inc.;
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
Attest:
Curtis Ford,Mayor
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Agenda Item #8.B.
14 Aug 2023
Page 76 of 104
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Agenda Item #8.B.14 Aug 2023
Page 77 of 104
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Agenda Item #8.B.
14 Aug 2023
Page 78 of 104
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.23-29 —Public Works Building Renovation Project
SUBMITTEDBY:Scott Williams,PublicWorks Director
TODAY’S DATE:August 3,2023
MEETING DATE:August 14,2023
BACKGROUND:Staff held a bid opening on Wednesday,March 8,2023 for City Bid No.
2223-03 Public Works Building Remodel.The only bid submitted was from Atlantic Sales &Service,
Inc.dba Atlantic Coast Construction Group in the amount of $1 ,989,000.00.The contractor met with
the architectural design firm and City staff to determine the exact scope and materials required for the
project.The contractor submitted a revised bid form in the amount of $1,493,390.66,along with a
proposed project schedule.
BUDGET:The FY22-23 budget contains $950,000.00 budgeted in account 300-5001-541-6200 for
the Public Works Building Renovations.The remaining project balance of $543,390.66 has been
budgeted to account 300-5001 -541-6200 for FY23-24.
RECOMMENDATION:Approve Resolution 23-29 awarding Bid No.2223-03 Public Works
Building Remodel to Atlantic Coast Sales &Service,Inc.dba Atlantic Coast Construction Group in
the amount of $1,493,390.66.
ATTACHMENTS:1)Resolution No.23-29
2)Bid No.2223-03 Form from Atlantic Coast Sales &Service,Inc.dba
Atlantic Coast Construction Group for the Public Works Building
Renovation
3)Proposed Project Schedule
4)Schedule of Values for Public Works Building Renovation
REVIEWED BY CITY MANAGER:
Agenda Item #8.C.
14 Aug 2023
Page 79 of 104
RESOLUTION N 0.23-29
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AWARDING BID NUMBER 2223-03 PUBLIC WORKS BUILDING
RENOVATION PROJECT;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.
WHEREAS,on Wednesday,March 8,2023,one bid was received and opened for Bid
2223-03 Public Works Building Renovations;and
WHEREAS,the total bid price received,including contingency,was $1,989,000.00;and
WHEREAS,the contractor met with the architectural design ?rm and City staff to determine
the exact scope and materials required for the project;and
WHEREAS,the contractor submitted a revised bid form in the amount of $1,493,390.66,
along with a proposed project schedule;and
WHEREAS,$950,000.00 had been budgeted to account 300-5001-541-6200 in FY22-23 and
$543,390.66 has been budgeted to the same account for FY23-24;and
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Commission awards Bid 2223-03 to Atlantic Coast Sales &Service,
Inc.dba Atlantic Coast Construction Group;
SECTION 2.The City Commission hereby authorizes the City Manager to execute the
Contract with Atlantic Coast Sales &Service,Inc.dba Atlantic Coast Construction Group and approve
a Purchase Order to said vendor in the amount of $1,493,390.66;
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 14"‘day of August,2023.
Curtis Ford,Mayor
Donna L.Battle,City Clerk
Approved as to form and correctness:
Jason Gab?el,City Attorney
Attest:
Agenda Item #8.C.
14 Aug 2023
Page 80 of 104
FORM
BFU
CITYOF ATLANTICBEAC
HFebruary2023
WORKS BUILDINGREMODE
CITY BID NO.2223-03
Agenda Item #8.C.
14 Aug 2023
Page 81 of 104
ARTICLE1 -BID RECIPIENT
1.01 This Bid is submitted to:
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL32233
1.02 The undersigned Bidder proposes and agrees,ifthis Bidis accepted,to enter into an Agreement with
Owner in the form included in the Bidding Documents to perform all Work as specified or indicated
in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance
with the other terms and conditions of the Bidding Documents.
ARTICLE2 -BIDDER'SACKNOWLEDGEMENTS
2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders,including without
limitationthose dealing with the disposition of Bid security.This Bid will remain subject to
acceptance for 90 days after the Bid opening,or for such longer period of time that Bidder may agree
to in writing upon request of Owner.
ARTICLE3 -BIDDER'SREPRESENTATIONS
3.01 In submitting this Bid,Bidder represents that:
A.Bidder has examined and carefully studied the Bidding Documents,and any data and reference
items identified in the Bidding Documents,and hereby acknowledges receipt of the following
Addenda:
Addendum No.Addendum Date Addendum No.Addendum Date
Egbruaqg22 2923 5 .March 2,20231
2 Februatgy27,2023
3 Februa 27 2023
4 Februa 27 2023
B.Bidder has visited the Site,conducted a thorough,alert visual examination of the Site and
adjacent areas,and become familiar with and satisfied itself as to the general,local,and Site
conditions that may affect cost,progress,and performance of the Work.
C.Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost,
progress,and performance of the Work.
D.Bidder has carefully studied all:(1)reports of explorations and tests of subsurface conditions at
or adjacent to the Site and all drawings of physical conditions relating to existing surface or
subsurface structures at the Site that have been identified in the Supplementary Conditions,
especially with respect to Technical Data in such reports and drawings.
E.Bidder has considered the information known to Bidder itself;information commonly known to
contractors doing business in the locality of the Site;information and observations obtained
BFU-2
Agenda Item #8.C.
14 Aug 2023
Page 82 of 104
.1,
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from visits to the Site;the Bidding Documents;and any Site-related reports and drawings
identified in the Bidding Documents,with respect to the effect of such information,
observations,and documents on (1)the cost,progress,and performance of the Work;(2)the
means,methods,techniques,sequences,and procedures of construction to be employed by
Bidder;and (3)Bidder’s safety precautions and programs.
Bidder agrees,based on the information and observations referred to in the preceding
paragraph,that no further examinations,investigations,explorations,tests,studies,or data are
necessary for the determination of this Bid for performance of the Work at the price bid and
within the times required,and in accordance with the other terms and conditions of the Bidding
Documents.
Bidder is aware of the general nature of work to be performed by Owner and others at the Site
that relates to the Work as indicated in the Bidding Documents.
Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies
that Bidder has discovered in the Bidding Documents,and confirms that the written resolution
thereof by Engineer is acceptable to Bidder.
The Bidding Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for the performance and furnishing of the Work.
The submission ofthis Bidconstitutes an incontrovertible representation by Bidder that Bidder
has complied with every requirement of this Article,and that without exception the Bid and all
prices in the Bidare premised upon performing and furnishing the Work required by the Bidding
Documents.
ARTICLE4 —BIDDER’SCERTIFICATION
4.01 Bidder certifies that:
A.This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or
entity and is not submitted in conformity with any collusive agreement or rules of any group,
association,organization,or corporation;
Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or
sham Bid;
Bidder has not solicited or induced any individual or entity to refrain from bidding;and
Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for
the Contract.For the purposes ofthis Paragraph 4.01.D:
1."corrupt practice”means the offering,giving,receiving,or soliciting of anything of value
likely to influence the action of a public official in the bidding process;
2.”fraudu|ent practice”means an intentional misrepresentation of facts made (a)to
influence the bidding process to the detriment of Owner,(b)to establish bid prices at
artificial non—competitive levels,or (c)to deprive Owner of the benefits of free and open
competition;
3."collusive practice"means a scheme or arrangement between two or more Bidders,with
or without the knowledge of Owner,a purpose of which is to establish bid prices at
artificial,non—competitive levels;and
BFU-3
Agenda Item #8.C.
14 Aug 2023
Page 83 of 104
4."coercive practice”means harming or threatening to harm,directly or indirectly,persons
or their property to influence their participation in the bidding process or affect the e
execution of the Contract.
ARTICLE5 —BASIS OF BID
5.01 Bidder will complete the Work in accordance with the Contract Documents for the following lump
sum price to include all material and labor needed to complete this project:
One Million Four Hundred Ninety-Three Thousand One Hundred Eighty-Seven an(¢ll)g|grl
s
0
Bidder acknowledges that the Lump Sum Price includes an amount considered by Bidder to be adequate to
cover Contractor's overhead and profit.
ARTICLE6 —TIMEOF COMPLETION
6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final
payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or
within the number of calendar days indicated in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE7 -ATTACHMENTS TO THIS BID
7.01 The following documents are submitted with and made a condition of this Bid:
A.Signed copy of Documents Requirements Checklist with referenced forms and documents.
ARTICLE8 -DEFINEDTERMS
8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to
Bidders,the General Conditions,and the Supplementary Conditions.
BFU
493 187.36
Agenda Item #8.C.
14 Aug 2023
Page 84 of 104
W4:,/%/
M/4,///5;
//
By:
[Signature],%
[Pfi"t€0'name]Bradle K.Clark
(If Bidder is a corporation,a limited liability company,a partnership,or a joint venture,attach
evidence of authority to sign.)
Attest:
[Signature]
BIDDER:[Indicate correct name of bidding entity]
ARTICLE9 -SUBMITTA
Title:
Fax Number:833 599-5713
acksonville FL 32207
Telephone Number:904 395-4005
Address for giving notices:
5909 St.Au ustine Rd.
President
Submittal Date:()3 01 2023
END OF SECTION
Contact Name:Bradle Clark
Contact e—mai|address:bl-adc atlcoastor
Bidder’s License No.:CGQ15909284
BFU-5
Suite #2
Atlantic Coast Sales &Service Inc.d.b.a.Atlantic Coast Construction Grou
[Printed name]Bradle K.Clark
Agenda Item #8.C.
14 Aug 2023
Page 85 of 104
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Agenda Item #8.C.14 Aug 2023
Page 87 of 104
Below is the final price with the Schedule of Values Breakdown.
Project Duration Estimated at 37 Weeks
FINALPRICEINGAND SCHEDULEOF VALUE
SFOR
TLANTIC OAST
SALES 8:SERVICE,INC.
Division 03 Concrete
Division 04 -Masonry
Division 05 Metals
5,641.64
m.o.§8:m.2§3\m§m-mm2mwmImo8-mmm?omZ\Bmmm<o_,_o:.m:_>zo$_u<.\$::m.o<ommz_G:u:<»z_<m 83
Division 13 cial Construction S 12,500.00
Division 08 Openings
Division 09 Finishes
ADivision00-Procurement and Contracting
Requirements 4,750.00
Division 01 General Requirements S 169,990.
00
Division 02 Existing Conditions 5 49,425.00
S 85,440.72
S 166,800.00
S 310,819.00
Division 06 Wood.Plastics.composites 5 110,525.00
Division 07 Thermal and Moisture Protection S 108,413.98
5 46,995 01
S 43,111.86
Division 10 Specialties
CITYOF ATLANTICBEACHMAINTENANCEBUILDINGRENOVATIO
Agenda Item #8.C.
14 Aug 2023
Page 88 of 104
Division 16:Electrical
TLANTlC OAST
SALES 8:SERVICE,INC.
Please see attached Project Schedule for approximate duration.
Division 14 Conveying Equipment S 35,950.00
Division 15:Mechanical &Plumbing S 201,830.00
S 43,500.00
5 1,395,692.21
S 69,784.61
S 27,913.84
S 1,493,390.66
Construction Bid Total
Overhead &Profit
Contingency
TOTAL PRICE
m_o.§mou:m.3;2\mEm-mmmam£__moo.$mm€oe._\B2...<o_~_o:.m:_>zomv_u<.\3::m.n_<ommz:m:u:<E_<m 8%
Bradley K.Clark
CEO/
Sincerely,
Agenda Item #8.C.
14 Aug 2023
Page 89 of 104
Page 90 of 104
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Appointment of City Manager
SUBMITTED BY:Cathy Varian,Director of Human Resources
Joe Gerrity,City Manager
TODAY’S DATE:August 9,2023
MEETING DATE:August 14,2023
BACKGROUND:The City advertised for a new City Manager and conducted
interviews with several candidates.On July 31,2023,the Commission voted to offer the position
to Mike New.After discussion at the special-called meeting on Aug.7,2023,at the request of the
City Commission,several changes have been made to the employee agreement.
BUDGET:
RECOMMENDATION:
$207,500 salary
$6,000 automobile allowance
$5,000 moving expenses (not-to-exceed)
10%retirement contribution
Additional health,dental and vision bene?ts
Consider Resolution No.23-30 appointing Mike New as the City
Manager and consider the attached employment agreement,which has been reviewed and
approved by the City Attorney.
ATTACHMENTS:Resolution No.23-30
Employment Agreement for City Manager Services
REVIEWED BY CITY MANAGER:
Agenda Item #8.D.
14 Aug 2023
Page 91 of 104
Donna L.Bartle,City Clerk Jason Gabriel,City Attorney
RESOLUTION NO.23-30
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
APPOINTING MIKE NEW THE CITY MANAGER AND AUTHORIZING
THE EXECUTION OF AN EMPLOYMENT AGREEMENT
DESIGNATING HIM AS SUCH EFFECTIVE SEPTEMBER ,2023;
AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS
NECESSARY,INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT’
AGREEMENT,TO EFFECTUATE THE EMPLOYMENT OF MIKE NEW
TO SERVE AS CITY MANAGER;AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the City Commission voted on July 31,2023 to offer the City Manager
position to Mike New and agreed that the Mayor and the City Attorney would negotiate a contract
with Mike New and bring it back to the City Commission for consideration;and
WHEREAS,the Mayor,City Attorney and Mr.New have negotiated a proposed
employment agreement,which is now being presented to the City Commission for its
consideration;and
WHEREAS,it is the desire of the City Commission to enter into the attached employment
agreement appointing and designating Mr.New as City Manager,effective September ,2023.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1.Pursuant to Section 21 and Section 10 of the City Charter,the City
Commission hereby approves the attached employment agreement designating Mike New as City
Manager.
SECTION 2.The City Commission hereby authorizes the Mayor to execute the
employment agreement and any documents necessary to effectuate the employment of Mr.New
to serve as City Manager.
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 7”‘day of August,2023.
Curtis Ford,Mayor
Approved as to form and correctness:
50256554 v1
Attest:
Agenda Item #8.D.
14 Aug 2023
Page 92 of 104
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the “Agreement”)is by
and between the City of Atlantic Beach,a municipal corporation (hereina?er referred to as the
“City”),and Mike New a/k/a Gary Michael New (hereinafter referred to as “New”or as “City
Manager”),an individual who has the education,training and experience in local government
management and meets all of the quali?cation requirements of the City Charter including but not
limited to Section 22.
WITNESSETH:
WHEREAS,the City desires to employ New as City Manager of the City of Atlantic Beach,
Florida,as provided for in Section 10 of the City Charter of the City of Atlantic Beach;and
WHEREAS,the City,through its City Commission,desires to provide for certain bene?ts
and compensation for the City Manager and to establish conditions of employment applicable to
the City Manager;and
WHEREAS,New desires to accept employment as City Manager of the City of Atlantic
Beach under the terms and conditions set forth herein.
NOW,THEREFORE,in consideration of the mutual promises as set forth in this
Agreement,the parties agree as follows:
Section 1.Term.
This Agreement shall remain in full force and effect from September 2023 until
terminated by the City or by the City Manager as provided herein.
Section 2.Duties and Authority
A.The City of Atlantic Beach agrees to employ New as its City Manager to perform
the duties and functions speci?ed in the City’s Charter and Code (including but not limited to
Article III,City Charter)and to perform other legally permissible and proper duties and functions
as the City Commission shall from time to time assign.
B.The City Manager is the chief executive of?cer of the City and shall faithfully
perform the duties as prescribed in the job description as set forth in the City’s charter and/or
ordinances and as may be lawfully assigned by the City and shall comply with all lawful
Commission directives,state and federal law,City policies,rules and ordinances as they exist or
may herea?er be amended.
Page 1 of 12
51322763 vl
51397786 V
Agenda Item #8.D.
14 Aug 2023
Page 93 of 104
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C.Speci?cally,it shall be the duty of the City Manager to employee on behalf of the
City all other employees of the organization consistent with the policies of the governing body and
the ordinances and charter of the City.
D.It shall also be the duty of the City Manager to direct,assign,reassign and evaluate
all of the employees of the City consistent with policies,ordinances,charter,state and federal law.
E.It shall also be the duty of the City Manager to organize,reorganize and arrange the
staff of the City and to develop and establish internal regulations,rules and procedures which the
City Manager deems necessary for the efficient and effective operation of the City consistent with
the lawful directives,policies,ordinances,state and federal law.
F.It shall also be the duty of the City Manager to accept all resignations of employees
of the City consistent with the policies,ordinances,state and federal law,except the City
Manager’s resignation,which must be accepted by the Commission.
G.The City Manager shall perform the duties of City Manager of Atlantic Beach with
reasonable care,diligence,skill and expertise.
H.All duties assigned to the City Manager by the Commission shall be appropriate to
and consistent with the professional role and responsibility of the City Manager.
I.The City Manager cannot be reassigned from the position to another position
without the Commission’s express,written consent and approval.
J.The City Manager or designee shall attend and shall be permitted to attend,all
meetings of the Commission.
K.The Commission,individually and collectively,shall refer in a timely manner all
substantive criticisms,complaints and suggestions called to their attention to the City Manager for
study and/or appropriate action.
Section 3.Compensation
A.The City agrees to pay the City Manager an annual base salary of $207,500.00
payable in installments at the same time as otherCity employees are paid.
B.Cost of Living Adjustments (COLA).The City Manager shall receive the same
COLA increases provided to all other City general employees.
C.The City may increase said base salary and/or other bene?ts of the City Manager
in such amounts and to such an extent as the City Commission may determine desirable.This
Agreement shall be automatically amended to re?ect any salary adjustments that are provided to
the City Manager by the Commission.
Page 2 ofl2
51322763 V
151397786V3
Agenda Item #8.D.
14 Aug 2023
Page 94 of 104
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D.Annually,and in compliance with the provisions of applicable law,the City
Commission and City Manager shall de?ne such goals and performance objectives that they
determine necessary for the proper operation of the City and in the attainment of the City
Commission’s policy objectives.Said goals and objectives shall be generally attainable within
the time limitations as specified and the annual operating and capital budgets and appropriations
provided.
Section 4.Health,Disability and Life Insurance Bene?ts;Moving Allowance.
A.The City agrees to provide and to pay the premiums for vision,dental and
comprehensive medical insurance for the City Manager and his/her dependents,at the mid-level
plan offered to other full-time City employees.The City Manager may elect to upgrade to a higher
plan,but shall pay the cost differential.
B.The City agrees to put into force and to make required premium payments for short
term and long-terrn disability coverage for the City Manager.
C.The City shall pay the amount of premium for term life insurance in the amount of
$50,000.The City Manager shall name the bene?ciary of the life insurance policy.
D.A one-time moving allowance not—to-exceeda total amount of $5,000 shall be
payable to New by the City upon written proof of receipt(s)satisfactory to the City of moving
costs and expenditures related to New’s relocation from his current residence to the City.
Section 5.Personal Leave
A.Upon commencing employment the City Manager shall be credited with 120 hours
of personal leave.In addition,beginning the ?rst day of employment,the City Manager shall
accrue personal leave at the rate for employees under the same rules and provisions applicable to
other general employees,except for the maximum accrual,as outlined in B.
B.The City Manager is entitled to accrue all unused leave,up to 340 hours,andin the
event the his/her employment is terminated,either Voluntarily or involuntarily,the City Manager
shall be compensated for all accrued personal leave.
Section 6.Automobile and Phone Allowance
A.The City agrees to pay to the City Manager,during the tem of this Agreement and
in addition to other salary and benefits herein provided,the sum of $500 per month,payable
monthly,as a vehicle allowance to be used to purchase,lease or own,operate and maintain a
vehicle.The City Manager shall be responsible for paying for liability,property damage and
comprehensive insurance coverage upon such vehicle and shall further be responsible for all
expenses attendant to the purchase,operation,maintenance,repair and regular maintenance of said
Page 3 of 12
51322763 vl
51397786 V3
Agenda Item #8.D.
14 Aug 2023
Page 95 of 104
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vehicle,including gasoline.The City shall reimburse the City Manager at the IRS standard
mileage rate for any business use of the vehicle beyond 100 miles of the City limit.
B.The City shall provide the City Manager with his choice of a cell phone allowance
of $50 per month or a city-issued cell phone to compensate him for the business use of his personal
phone.The personal cell must be a smart phone and City Manager agrees to have an application
loaded on his personal cell phone that will enable him to send and receive e-mails through the City
system.
Section 7.Retirement
The City agrees to pay,on an annual basis,an amount equal to ten percent (10%)of the
City Manager’s base salary to a Mission Square 401k account,as designated by the City Manager.
The City's contribution shall not exceed the limits established by federal statute and/or regulation.
Such payments for City Manager’s retirement will be in lieu of any such payments which the City
would have otherwise made on behalf of City Manager to the City’s de?ned contribution pension
plan.
The City Manager may participate in any optional supplementalretirement plan offered to
employees.
Section 8.Professional Development
A.The City agrees to pay the City Manager’s professional dues for membership in the
ICMA,Florida League of Cities and the Florida City and County Management Association.The
City agrees to pay the costs associated with maintaining the City Manager’s engineering license,
including continuing education requirements.The City may pay other professional dues and
subscriptions on behalf of the City Manager as are approved in the City’s annual budget (on a line
item basis)or as authorized separately by the City Commission.
B.The City agrees to pay reasonable and customary travel and subsistence expenses
for the City Manager’s travel to and attendanceat professional and of?cial travel,meetings and
occasions to adequately continue the professional development of the City Manager,including but
not limited to the ICMA’s annual conference,the Florida City and County Management
Association’s annual conference,the Florida League of Cities’annual conference or other similar
professional development training opportunities,provided the associated expenses do not exceed
the allocated appropriation in the City’s annual budget.
Section 9.Community Involvement
The City recognizes the desirability of representation in and before local civic and other
organizations,and encourages the City Manager to participate in these organizations to foster a
continuing awareness of the City’s activities as well as the community’s attitudes and ideas.The
City may pay dues or membership fees toward local civic organization(s)on behalf of the City
Page 4 of 12
51322763 vl
51397786 V3
Agenda Item #8.D.
14 Aug 2023
Page 96 of 104
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Manager as are approved in the City’s annual budget (on a line item basis)or as authorized
separately by the City Commission.
Section 10.Holidays
The City Manager is entitled to the same paid holidays as the general City staff.
Section 11.Termination by the City and Severance Pay
A.The City Manager shall serve at the pleasure of the City Commission,and the City
Commission may terminate this Agreement and the City Manager’s employment with the City at
any time,for any reason,or for no reason.
B.Should a majority of the entire Commission vote to terminate the services of the
City Manager “without cause”,then within ten (10)business days following such vote,the
Commission shall cause the City Manager to be paid any accrued and unpaid salary and bene?ts
earned as of the date of the vote to terminate (including personal leave but excluding such items
and allowances as are used in conducting City business such as,but not limited to,the use of the
automobileand cell phone allowance).Within forty-?ve (45)calendar days following the vote to
terminate the City Manager’s employment “without cause”,the Commission shall cause the City
Manager to be paid a lump sum severance pay equal to 20 weeks of his base salary as full and
complete payment and satisfaction of any claims of the City Manager of whatsoever nature arising
out of this Agreement or otherwise.As consideration for such payment,the City Manager shall,
prior to receipt thereof,execute and deliver to the City a general release of the City and its
Commission members and its of?cers,agents,and employees for all acts and actions from the
beginning of time until the date of release,in substantially the form which is attached hereto and
made a part hereof as Appendix 1.Any severance pay paid under this Section shall be in
accordancewith,and subject to the limits of,Section 215.425,Florida Statutes.
C.In the event the City Manager is terminated “for cause,”the City shall have pg
obligation to pay the amounts outlined in Section 11,paragraph B of this Agreement or to provide
the general release set forth therein and attached as Appendix 1.For purposes of this Agreement,
“for cause”is de?ned and limited for purposes of this Agreement to any of the following:
1.Conviction or a plea of guilty or no contest to a felony crime,or a misdemeanor
crime involving a breach of public trust,whether or not adjudication is withheld;
2.Violation of any substantive City policy,rule,or regulation,which would subject
any other City employee to termination;
3.Any intentional act involving moral turpitude causing substantial disrepute to the
City;or
4.“Misconduct,”as defined in Section 443.036(30),Florida Statutes.
Section 12.Termination by the City Manager
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A.The City Manager may terminate this Agreement or voluntarily resign at any time
by delivering to the City Commission a written notice of termination or voluntary resignation a
minimum of forty—?ve(45)days prior to the effective date of the termination or resignation.In its
sole discretion,the City may waive,or shorten,the forty-?ve (45)day notice period by a majority
vote of the entire Commission (three members).
B.If the City Manager terminates this Agreement or voluntarily resigns after
providing the written notice required in Section l2(A),then the provisions of Section 1l(B)above,
shall not apply.If the City Manager terminates this Agreement or voluntarily resigns after
providing the written notice required in Section 12(A),the City shall pay to the City Manager any
accrued personal leave.Other than paying the City Manager any accrued compensation that he
has earned as of the date of his termination,the City shall have no further ?nancial obligation to
City Manager pursuant to this Agreement,unless the City Commission by a majority vote of the
entire Commission (three members)agrees to provide any other consideration.In such event,and
as consideration of said approval,the City Manager shall execute and deliver to the City the general
release as referenced in Section 11 B hereof.
C.If the City Manager terminates this Agreement or voluntarily resigns without
providing the notice required in Section l2(A)herein,the City shall not pay to the City Manager
any accrued personal leave.Other than paying the City Manager any accrued compensation that
he has earned as of the date of his termination,the City shall have no further ?nancial obligation
to City Manager pursuant to this Agreement.
Section 13.Residency Requirement
The City Manager agrees that he will reside within the City as a condition of his
employment as City Manager and agrees to move to the City of Atlantic Beach,as his/her
permanent residence,within six months of the date of this Agreement.
Section 14.Performance Evaluation
The City Commission has the option of conducting an annual review of the performance
of the City Manager,to be coordinated by the Director of Human Resources.
Section 15.Indemni?cation.
A.Subject to the limitations set forth in Section 768.28,Florida Statutes,and without
waiving the sovereign immunity of the City,the City shall defend,hold harmless,and indemnify
the City Manager against any action for any injury or damage suffered as a result of any act,event,
or omission of action committed by the City Manager within the scope of his employment
hereunder,provided that the City Manager timely reports the same to the City Commission and
cooperates fully and honestly in the City’s defense thereof.The City may compromise and settle
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Agenda Item #8.D.
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_.
any such claim or suit and pay the amount of any settlement or judgment rendered thereon.The
provisions of this Section shall not apply to any claim,demand,suit or cause brought or asserted
against the City Manager for his acts or omissions committed while acting outside the course and
scope of his employment under this Agreement,committed in bad faith or with malicious purpose
or in a manner exhibiting wanton and willful disregard of human rights,safety,property or civil
rights.In such instance,the City shall be under no affirmative obligation to indemnify or defend
the City Manager and the City Manager shall be solely responsible for all costs associated with his
legal defenseand any settlement(s)or judgment(s)rendered in connection with the charged
conduct.
B.Said indemni?cation shall extend beyond the termination of employment and the
expiration of this Agreement to provide protection for any such acts undertaken or committed in
his capacity with the City as City Manager,regardless of whether the notice of claim or ?ling of a
lawsuit occurs during or following employment with the City.
Section 16.Bonding
The City agrees to bear the full cost of any fidelity or other bonds required of the City
Manager under any policy,regulation,ordinance or law.
Section 17.Code of Ethics
The “Code of Ethics”promulgated by the ICMA,as may from time to time be amended,
is incorporated herein,and by this reference made a part hereof.Said “Code of Ethics”shall
fl1I'I1iSl’lprinciples to govern the City Manager’s conduct and actions as City Manager of the City
Section 18.General Terms and Conditions
A.This Agreement sets forth and establishes the entire understanding between the City
and the City Manager relating to the employment of the City Manager by the City.Any prior
discussions or representations by or between the City and the City Manager are merged into and
rendered null and void by this Agreement.The City and the City Manager by mutual written
agreement may amend any provision of this agreement during the life of the agreement.Such
amendments shall be incorporatedand made a part of this Agreement.
B.This Agreement shall be binding on the City and the City Manager as well as their
heirs,assigns,executors,personal representatives and successors in interest.
C.This Agreement shall become effective on September 2023.
D.The invalidity or partial invalidity of any portion of this Agreement will not affect
the validity of any other provision.In the event that any provision of this Agreement is held to be
invalid,the remaining provisions shall be deemed to be in full force and effect as if they have been
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Agenda Item #8.D.
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executed by both the City and City Manager subsequent to the expungement or judicial
modi?cation of the invalid provision.
E.The parties acknowledge that each has shared equally in the drafting and
preparation of this Agreement and,accordingly,no court construing this Agreement shall construe
it more strictly against one party than the other and every covenant,term and provision of this
Agreement shall be construed simply according to its fair meaning.
F.A default shall consist of the breach or anticipatory breach of any covenant,
agreement,representation,provision or warranty contained within this Agreement.If a default,
breach or anticipatory breach occurs,the party not in default may,at any time or from time to time,
pursue to enforce its remedies under this Agreement by suit in equity,action at law or by any other
appropriate proceeding,for damages or other relief,or proceed to take any action authorized or
permitted under applicable laws or regulations;provided,however,the parties shall,prior to
initiating any court proceedings,initiate and complete mediation with a Florida Supreme Court
certi?ed mediator in accordance with the procedures set forth in Section 44.102,Florida Statutes,
with costs to be equally shared.
G.This Agreement and the rights,obligations and remedies hereunder shall be
interpreted and governed in all respects by the laws of the State of Florida.Any suit,action or
other legal proceeding arising out of or relating to this Agreement shall be brought in courts of
competent jurisdiction in and for Duval County,Florida.
Executed by the City of Atlantic Beach,Florida this day of 2023.
CITY OF ATLANTIC BEACH,FLORIDA
By:
Curtis Ford,Mayor
Executed by the CITY MANAGER this day of ,2023.
Mike New
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Donna Bartle,City Clerk
ATTEST:
Agenda Item #8.D.
14 Aug 2023
Page 100 of 104
APPENDIX 1
SEPARATION OF EMPLOYMENT AND GENERAL RELEASE AND WAIVER
T
This Separation of Employmentand General Releaseand Waiver Agreement (Agreement)
is made by and between the City of Atlantic Beach(City)and New (City Manager).A
WHEREAS,City has employed City Manager;however the parties wish to enter into a
voluntary agreement to terminate their employment relationship and to resolve any actual or
potential claims that either party may have against the other by reason of City Manager’s
employment or termination thereof.
WHEREAS,the parties desire to set forth the terms and conditions governing City
Manager’s separation of employment and to provide for the settlement and release of any and all
disputes or controversies that have arisen,or which may hereafter arise,between City and City
Manager,including without limitation,any and all claims arising out of or in any way related to
City Manager’s employment with or separation from the City.
NOW THEREFORE,in consideration of the mutual covenants herein contained and the
mutual bene?ts to be derived there?om,the sufficiency of which consideration is hereby
acknowledged by the undersigned,City and City Manager agree and state:
1.TERMINATION OF EMPLOYMENT
Upon their mutual agreement,City Manager’s employment with City shall terminate on
,20__,which shall be (was)City Manager’s ?nal date of employment.
2.NO ADMISSION OF LIABILITY
This Agreement is not an admission by City Manager or City of any wrongful conduct whatsoever.
Both parties deny and disclaim any liability to or wrongful conduct against the other or any third
party.
3.PAYMENT AND BENEFITS
City Manager shall receive his/her last regular paycheck at the regular scheduled payroll date.
Within ten days of this Agreement,City Manager shall receive an additional payment to
compensate for accumulated personal leave,subject to customary payroll deductions.
As consideration for this Agreement and the release contained within,and in full and complete
satisfaction of all obligations due and owing City Manager,City shall:Pay City Manager an
amount equal to twenty (20)weeks of his current salary,subject to customary payroll deductions.
4.SURRENDER AND VACATION OF EMPLOYER’S PROPERTY
Upon execution of this Agreement,City Manager shall deliver all of City’s property in his/her
possession and further,shall vacate City’s property.
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Agenda Item #8.D.
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Page 101 of 104
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5.RELEASE AND WAIVER OF CLAIMS
In consideration of the bene?ts to be provided to City Manager pursuant to this Agreement,City
Manager hereby irrevocably and unconditionally releases,waives,acquits and discharges the City
and each of its past,present and future elected of?cials,department heads,of?cers,employees,
agents,representatives and attorneys from any and all charges,complaints,claims,liabilities,
obligations,promises,agreements,controversies,damages,actions,causes of action,suits,rights,
demands,costs,losses,debts and expenses (including attorneys’fees and costs actually incurred),
of any nature whatsoever,whether known or unknown,arising out of any act,omission,or event
from the beginning of time up to the execution of this agreement.
City hereby irrevocably and unconditionally releases,acquits and discharges City Manager from
any and all charges,complaints,claims,liabilities,obligations,promises,agreements,
controversies,damages,actions,causes of action,suits,rights,demands,costs,losses,debts and
expenses (including attorneys’fees and costs actually incurred),of any nature whatsoever,whether
known or unknown,arising out of any act,omission,or event from the beginning of time up to the
execution of this Agreement.
6.REFERENCES AND NON-DISPARAGEMENT
If it is necessary for City to provide a reference to .a prospective employer,City Manager agrees
that he will direct the prospective employer to contact the Director of Human Resources at the City
of Atlantic Beach.Additionally,City Manager and the elected of?cials agree that they shall not
disparage or make untrue statements about each other;provided that this Section shall not apply
to comments made to any other governmental entity or as required by law.
7.REPRESENTATIONS AND WARRANTIES
The undersigned parties hereby represent and warrant the following to the other:
a.City Manager represents and warrants that:he/she is legally and mentally competent to
sign this Agreement;he/she is the sole owner of any claims against the City;he/she has the
requisite capacity and authority to make this Agreement,and no portion of any existing or
potential claims has been sold,assigned or pledged to any third party;and he/she presently
possesses the exclusive right to receive all of the consideration paid in exchange for this
Agreement.
b.City Manager represents and warrants that he/she has not and will not ?le any complaints
,charges or lawsuits against City or any of its past,present and future elected of?cials,
department heads,of?cers,employees,agents,representatives or attorneys with any
governmental agency or any court,including without limitation,any claim or matter of any
nature whatsoever related to or arising out of his employment with or separation of his/her
employment,except City Manager expressly reserves the right to ?le a claim for
unemployment bene?ts.City Manager further agrees to indemnify and hold City harmless
from any and all loss,costs,damages or expenses,including reasonable attorney fees
incurred by City,arising out of any claim that may hereafter be made by City Manager or
any other party.
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Agenda Item #8.D.
14 Aug 2023
Page 102 of 104
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City represents and warrants that it has not and will not ?le any complaints,charges or
lawsuits against City Manager with any governmental agency or any court,including
without limitation,any claim or matter of any nature whatsoever related to or arising out
of City Manager’s employment with or separation of his/her employment with City.
Each party is fully aware of the contents of this Agreement and of its legal effect and
understands that it shouldobtain legal advice regarding this Agreement as they deem
appropriate.The parties hereto and each of them,have carefully read this Agreement and
know the contents thereof,and they signed the same freely and voluntarily.
This Agreement sets forth the entire agreement between the parties and supersedes any and
all prior agreements or understandings between the parties pertaining to the subject matter
herein.No waiver of a breach of any provision of this Agreement shall be construed to be
a waiver of any breach of any other provision of this Agreement or of any succeeding
breach of the same provision.No delay in acting with regard to any breach of any provision
of this Agreement shall be construed to be a waiver of such breach.If any provision in this
Agreement is found to be unenforceable,all other provisions will remain fully enforceable.
No promise or inducement has been made or offered,except as herein expressly set forth,
and this Agreement is executed without reliance upon any statement or representation by
any of the released parties or their representatives.
The language of all parts of this Agreement shall,in all cases,be construed as a whole,
according to its fair meaning,and not strictly for or against either party.
This Agreement and any amendments hereto may be executed in multiple counterparts by
the parties,or copied.Each counterpart or copy shall be deemed an original,but all
counterparts together shall constitute one and the same instrument.
JURISDICTION
This Agreementshallbe governed by the laws of the State of Florida,and venue shall be in Duval
County,Florida.
9.BINDING EFFECT
This Agreement shall be binding upon and shall accrue to the benefit of the parties hereto,their
respective heirs,personal representatives,successors in interest and assigns.
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Agenda Item #8.D.
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Page 103 of 104
IN WITNESS WHEREOF,the parties have executed this Agreement as of the respective
dates set fo1thbelow and each hereby acknowledges receipt of an executed copy of this Agreement.
DateMikeNew
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51397786 v3
On behalf of the City of Atlantic Beach,Florida:
Curtis Ford,Mayor
City Manager
Date
Agenda Item #8.D.
14 Aug 2023
Page 104 of 104