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5-23-11 Agenda Packet - Reduced Size PDFCITY OF ATLANTIC BEACH CITY COMMISSION MEETING May 23, 2011 - 6:00 P AGENDA Call to order Invocation and pledge to the flag 1. Approve the minutes of the Regular Commission Meeting of May 9, 2011. 2. Courtesy of Floor to Visitors A. Proclamation- Neurofibromatosis Awareness Month B. Report of Transportation Improvement Program by North Florida TPO 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report, Financial Report, and Utility Sales Report for April 2011. B. Extend the contract with Shaw's Tree Service, LLC for palm tree trimming of the Atlantic Boulevard Medians Mayport Road Flyover areas, Town Center, Mayport Road Medians and several park areas for one year at the current prices. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 20 -11 -110, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. 8. Miscellaneous Business A. Approval of location of Fleet Landing Sign. (City Manager) B. Approval of Final Order on Wolfson appeal. (City Manager) C. Possible Naming of a Park in Honor of Commissioner Dezmond Waters. (City Manager) D. Mutual Aid Agreement with Jacksonville, Neptune Beach and Jacksonville Beach. (City Manager) E. Approving use of Police Forfeiture Funds. (City Manager) F. Rehabilitation of Well No. 1 at Water Plant No. 1 (City Manager) G. Award Intracoastal Waterways Parks Master Plan RFP #11 -03 (City Manager) H. Tideviews Boardwalk/Dock Extension Bids (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that' a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, May 20, 2011. 2 MINUTES REGULAR CITY COMMISSION MEETING May 9, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Fletcher gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of April 25, 2011. Motion: Approve the minutes of the Regular Commission Meeting of April 25, 2011, as written. Moved by Daugherty, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Proclamation —National Public Works Week Mayor Borno read and presented Public Works Director Rick Carper with a Proclamation proclaiming May 15 — May 21, 2011 as National Public Works Week. Mr. Carper thanked the Mayor. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. He further explained for anyone wanting to speak regarding Item 8A he will hold their blue sheets until we get to that item. Richard Johnson, Jr., 857 Bonita Road, complained about a vacant house next to property he owns on Ardella Road. He stated the house has been broken into, the windows are busted out, graffiti has been written on the walls and it should be boarded up or condemned because it is a nuisance. He stated he has reported to the police several times that young girls have been in that house with boys, stating there is a lot going on in that house and whether it is drugs or sex, you never know. He asked that the Commission do something about it. Mayor Borno stated he will have the City Manager and Code Enforcement look into it and they will get back to him. Bruce Andrews, 328 11 Street, addressed the Commission regarding the proposed disc golf course in Johansen Park, stating he does not believe this is a good idea in a passive park, which is to be used for reflective activities. May 9, 2011 REGULAR COMMISSION MEETING Page 2 Jay Downes, 1632 Park Terrace West, thanked the Commission stating he appreciates their hard work. He stated he is against the proposed Frisbee golf in Johansen Park and will do everything in his power to ensure this does not happen. He adamantly stated that is not the type of park for this activity. Nancy Stone and son Noah, 1620 Park Terrace West, addressed the Frisbee golf in Johansen Park. Noah explained a petition initiated by their neighbor against the Frisbee golf course, which was started this morning and now has 60 signatures. He stated the petition's goal is, instead of a Frisbee golf course, to add a hose /shower at the 15 Street beach access and a volleyball net on the beach. Ms. Stone further explained this was a proposal by the teenagers of Atlantic Beach. Mayor Borno asked that they present the petition to the City Clerk for the record. Tom Steele, 1626 Park Terrace West, stated he is an avid Frisbee golf player but stated Johansen Park is not a good layout for Frisbee golf. He stated it is a limited 12 acre space that would not allow the game to flow to its potential. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Item 8B was taken out of sequence and acted on at this time. 8B. Approval of location of Fleet Landing sign (deferred from previous meeting). John Ashby, 1 Fleet Landing Blvd. and Bill Deem, 2341 Fiddlers Lane, requested deferral to May 23, 2011 so the Commission would have more time, since there was such a crowd here tonight. Motion: Approve Deferral to May 23, 2011. Moved by Fletcher, Seconded by Parsons Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow -up Report. Meeting None. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND May 9 2011 REGULAR COMMISSION MEETING Page 3 STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Report of New Business Taxes for April 2011. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Woods, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances None. Mayor Borno recognized former Mayors Wolfson and Fletcher and former Commissioner Rosenbloom, who were in the audience. Miscellaneous 8. Miscellaneous Business Business A. Public Hearing- Appeal of Community Development Board Order denying ZVAR-201 1 -0 1, request for a variance from Section 24- 107(e)(2) to reduce the required twenty (20) foot rear yard setback to allow for the future construction of a residential structure on a nonconforming lot of record of substandard size located on the west side of the right -of -way at 1725 Beach Avenue. Mayor Borno explained this is a quasi-judicial hearing and read the procedures for such a hearing. A court reporter was present. Principal Planner Erika Hall explained this was an appeal of the decision of the Community Development Board regarding ZVAR-201 1 -0 1, a request for a variance from Section 24- 107(e)(2) to reduce the required twenty (20) foot rear yard setback to allow for the future construction of a residential structure on a nonconforming lot of record of substandard size located on the west side of the right -of -way at 1725 Beach Avenue and summarized the issue before the Commission. Mayor Borno asked if there were any witnesses for staff or applicant. No witnesses were present. May 9 2011 REGULAR COMMISSION MEETING Page 4 Ms. Hall further presented the history of the property, the background of this appeal and summarized her staff report. She expounded on the procedural due process, application of the correct law and substantial competent evidence. Christopher White, 4230 Pablo Professional Court, #200, Jacksonville, (representing Don and Karen Wolfson) , opened by stating their position was, if they have to go that route, that a court would back them up, but they hope they don't have to. He stated that is time and expense for everybody and they consider it unnecessary. He further stated they take the position that there was not competent substantial evidence presented to the Board on which they rendered their denial of the variance. He stated they did not apply the law correctly or provide sufficient due process for the Wolfsons. He gave a chronological history of other properties in the surrounding area that had been granted variances. He further pointed out that the Commission could only look at the record. He stated staff recommended approval in February and March and for whatever reason the Board decided to ignore their recommendation. He stated one thing the Board made a big deal out of was Mr. Wolfson's previous positions. He stated Mr. Wolfson didn't want to do in the past, what he is asking for today. He stated, so what, there is no Commissioner who can look him in the eye and say that they have not changed their mind on a certain issue; you are allowed to, everybody is. He stated all that is is noise; ignore the noise. He further stated they don't want to go any farther than tonight and if they do, they do, but that is not a threat. He stated they can avoid that by keeping the policy consistent that Atlantic Beach has implemented since 1987 and they need to reject the denial of the Board. Mayor Borno opened the Public Hearing. Bob Parrish, 1731 Beach Avenue, addressed the Commission in favor of the appeal, stating he has a lot that is 50 x 90 and if they deny this appeal a lawsuit ensues and he will be forced to intervene in that suit as will his neighbors, Edward Lane who is an attorney and Rob Clements who is represented by one of the finest land use attorneys in the City, T.R. Hainline. Judy Beaubouef, 1209 Beach Avenue, stated there will be howls of protest if the Commission does not grant this variance, when the City has to pay the Wolfsons' attorney's fees, the City of Atlantic Beach's attorney's fees and damages to the Wolfsons at a time when we have scarce resources. She further stated Commissioner Fletcher left an important meeting to attend the Community Development Board meeting which had one agenda item, the Wolfson variance. She stated Commissioner Fletcher addressed the Board on the record and it was very clear from his comments that he opposed this variance. She stated he now sits in a quasi-judicial role as the judge on the record that he is part of even though Mr. Jensen advised Mr. Fletcher he had every right to do that legally. She stated she believes this is a perversion of due process and she expects more from her Commissioners and does not believe it is fair to the applicant or the City. Lyman Fletcher, 804 East Coast Drive, spoke in favor of the variance, comparing it to a variance that was granted in 1993. Mav 9.2011 REGUL COMMISSION MEETING Page 5 T.R. Hainline, 1301 Riverplace Blvd., representing Rob Clements, a neighbor of Mr. Wolfson at 1739 Beach Avenue, spoke in support of the variance. He referenced the findings in the Community Development Board's order, stating they are very concerned about the precedent that is set. He asked the Commission to follow the staff's recommendation made to the Community Development Board and approve the Wolfson's variance. Donnie Wanstall, 1723 Ocean Grove Drive, spoke against the variance, stating the Community Development Board followed the Codes and Ordinances in making their determination for denial. He gave a chronological timeline of the events leading up to the variance request. Steve Rosenbloom, 1417 Beach Avenue, spoke against the variance request, asking what they are actually voting on tonight. He asked if they are voting on giving Mr. Wolfson a waiver or is everybody on Beach Avenue who has a non - complying lot going to get a waiver. He asked, if that is the case, what does that do to the character of Beach Avenue that Mr. Wolfson protected so often while on the Community Development Board and as the Mayor of the City. He further stated these substandard lots are all taxed at about $700- 800 /front foot but if you have a complying lot on Beach Avenue it is taxed at $5,000 /front foot and believes, since now they want to change, it is economically unfair to those who have paid the taxes on those complying lots all these years. He asked, as they start giving these variances, where does it end? Steve Milo, 417 Ocean Blvd., stated we have a Community Development Board for a reason and they have been researching this subject carefully. He asked that the Commission continue to support them. Barbara James, 1727 Ocean Grove Drive, referred to intangible taking of property and asked that the Commission honor the 5 -2 decision of the Community Development Board against the variance. Mary Ann Dyal, 1765 Seminole Road, asked the Commission to use common sense and look at the size of that lot and know that it is not suitable for a house to be built on and further crowd Beach Avenue, which already is extremely congested. Bob Castro, 412 Ocean Blvd., stated he believes the congestion on Beach Avenue is sufficient. He stated those lots were never designed to be built on; they were carriage /parking lots. He stated he believes we are going in the wrong direction and the individual involved, because of his background and being a former Mayor, is going to push it and he doesn't like the idea of being pushed around. He stated he believes Mr. Wolfson should respect the rights of other people in the area. Lindley Tolbert, 465 Beach Avenue, implored the Commission to uphold the laws and regulations for the land and zoning codes for Atlantic Beach and not get bullied by the threats of lawsuits because there is no dollar amount they can put on the character or our neighborhood and the preservation of it. No one else from the audience spoke, so Mayor Borno closed the Public Hearing. May 9, 2011 REGULAR COMMISSION MEETING Page 6 Erika Hall gave her rebuttal evidence, addressing each point that was made. She explained the payment for water and sewer lines was for linear lines and everybody has to pay that whether you tap into it or not, stating it is not for development of the lot. She also gave the background of the lot at 1734 Beach Avenue. She explained she did not write the original staff report, stating this has been a multiple person effort because it has taken a lot of research. She stated if she was writing the staff report now, given what she knows today, she would not support the appeal due to the lack of documentation of the claims made as well as the zoning ordinance that was put into effect on January 1, 1987. She further stated it was Mr. Wolfson as well as Board members who requested that history be brought back to them on the past variances and asked for legal counsel to be present at the March meeting. She stated Mr. Jensen was present at that meeting and the information provided to the Board in their packets was a verbatim transcription of the minutes of all variances that had been before the Board for the years 1987 -1993 and was amended to include any others that occurred between 1993 and 2011. Chris White, attorney for the applicant, thanked Ms. Hall and her staff stating they have been extremely helpful in providing documentation. He stated when Ms. Hall said, if I knew then what I knew today I would not support it, he believes she was referencing if she knew there was no expressed specific written agreement between Jacksonville and Atlantic Beach about the 10 foot setbacks. He stated she was aware of it because, in the minutes, Ms. Hall stated on one or two occasions that they looked and there was no agreement. He stated she listed what there was (memoranda and prior variances), but she specifically states in the record that she knew there was no specific agreement. He stated she knew it when she made the first recommendation and when she made the second recommendation and now she is saying that she didn't know there was no specific agreement. He stated he takes issue with her stating at this point that she now knows something that she didn't know then and there is no basis for her to change her decision on recommending or not recommending the Wolfson variance. He also addressed Commissioner Fletcher attending the Board meeting, which he believes was improper. He stated the Commission is only allowed to look at the record on this variance. He further stated the past variances granted by Atlantic Beach set a precedent and the Pennington property was not an accessory structure. He stated what Ms. Hall was referencing dealt with duplexes in the old Atlantic Beach area and every permit he has seen since 1994 on that property calls it a single - family dwelling, not an accessory structure. He stated he believes her reliance on that Code provision to make that decision was incorrect, but because of the prior decisions of the Atlantic Beach Commission on those previous variances, they have established a precedent which should be followed on Mr. Wolfson's variance. Mr. White presented his final argument, asking the Commission to take a look at the record. He stated there is no basis for the four generalized findings but there is everything in the record to support the recommendation of staff. He stated the Board did not rely upon competent substantial evidence and did not apply Florida law correctly. He stated the only action that this Commission should take is to reverse the Board's decision and grant the variance. Ms. Hall presented her final argument, stating Mr. White claimed that she already knew that a document did not exist. She stated what was said was that she was unable May 9 2011 REGULAR COMMISSION MEETING Page 7 to find such a document at that time and at the March 15 meeting one of the Board members asked Mr. Jensen if there was such an agreement. She stated Mr. Jensen replied there was no document; she was not the person who put that forth. She stated, however, if this variance came before her today, not having that document, she would say that those claims were to be ignored. She stated if you don't have the evidence supporting your claim you cannot use it. She further stated she has the plans for 1734 Beach Avenue and it is a carriage house with a kitchenette. She stated it was permitted by the City of Jacksonville, annexed into the City of Atlantic Beach, grandfathered in and, therefore, they were allowed to rebuild. She stated just because they were allowed to rebuild, someone should not be allowed to build to those same setbacks when they have never even had a structure on their property. Mayor Borno asked the Commission if they wanted to request the applicant to respond to the final staff recommendations. Commissioner Woods stated, yes, if he had a response, he should be allowed. Mr. White responded, this appeal can only look at the record. He stated whatever their recommendation is today is not part of the record. He stated they aren't allowed to present additional evidence and if you take into account their recommendation today you are taking into account additional evidence, which would be a denial of due process. Mayor Borno asked the Commission to declare ex parte communications. Mayor Borno declared his ex parte emails, phone calls and other communications, which are attached and made part of this Official Record as Attachment A. Commissioner Daugherty stated in addition to the above emails and letters he was also contacted by Donnie Wanstall (opposed), Jim Smith (opposed), Bill Gulliford (opposed). He stated he also met with Don Wolfson at his property and looked at the lot and the other two properties where the prior variances were. He stated he also met with Lynne Roskein (opposed). Commissioner Parsons stated in addition to the same emails and letters he spoke with Ann Humphries (opposed), Mr. Rosenbloom (opposed), the Hines (opposed), the Fishers (opposed), the Boltons (opposed) and Goodling (opposed). Commissioner Fletcher declared, in addition to the above, those he also spoke with, which is attached and made part of this Official Record as Attachment B. Commissioner Woods stated in addition to the above she also spoke with Mr. and Mrs. Lyman Fletcher. Mayor Borno asked that all of the emails and letters be given to the City Clerk to be included as a matter of record. Commissioner Parsons stated he also received correspondence from Lenny Margol (in favor). Mav 9.2011 REGUL COMMISSION MEETING Page 8 Motion: Approve the decision of the Community Development Board denying ZVAR- 2011 -01, finding that no error was made in procedural due process or application of law, and that the decision is sufficiently supported by substantial competent evidence. Moved by Parsons, Seconded by Borno. Commissioner Daugherty asked Erika Hall about the Hawkes variance. Mayor Bomo cautioned him that he must stick with the three questions, whether procedural due process was afforded, whether the administrative body applied the correct law and whether the findings were supported by substantial competent evidence, not on the exchanges that took place tonight. Commissioner Daugherty asked several questions regarding due law as related to prior variances given, which Ms. Hall answered. Commissioner Fletcher asked Ms. Hall how many times the Land Development Regulations have been rewritten since 1987. Ms. Hall stated there have been two major rewrites, but there have been 113 revisions since the annexation. Commissioner Fletcher asked if there was evidence in the record of a setback variance granted under the current Land Development Regulations. Ms. Hall stated the only variance given on Beach Avenue for a substandard lot was for a single story garage to be set back 5 feet from the rear property line, but with revisions to the Code last March a variance is no longer required for that. Commissioner Parsons stated he attended the second meeting of the Community Development Board and there was plenty of due process, they followed the law and did everything correctly. He stated he believes the Board voted the way they should have. Commissioner Fletcher responded to Mr. White's comment about the Hawkes' variance and asked City Attorney Jensen how this variance is different from the Hawkes' variance. Mr. Jensen explained there are two very key differences, first, when the Hawkes requested their variance you had to get a variance to build anything on a nonconforming lot of record. He stated, secondly, we have had a substantial rewrite and changes to our Ordinances since 1993 when that variance was approved by the Commission. He stated there was some type of informal agreement when the property was annexed that they could develop with that 10 foot setback which was previously allowed by the City of Jacksonville and a couple of properties came under that, of which Mr. Hawkes' property was one, . He stated since that time, those two substantial changes make a big difference and at the meeting of March 15 when he was asked that question, he advised the Board that if they followed our current Ordinance Code, whether the request was approved or denied, either would be defensible. Commissioner Woods read excerpts from the staff report stating she believes there is a conflict with the Ordinance. She stated she believes, if this is not corrected, we will continue to have this disagreement in the community over these lots because, as the City Attorney stated, there was an agreement and variances were given because of that agreement and things were promised. She stated she is not sure there is an arbitrary expiration date on promises. She believes the record shows the people at Seminole Beach had the right to expect that their properties would have the same value and use after annexation as before. She stated the City memo said that they would honor all permissible activity and Jacksonville's Building and Zoning Department said that Mav 9.2011 REGULAR COMMISSION MEETING Page 9 single family dwellings were permissible, yet the Ordinance didn't allow for that. She stated she believes we have an inherent conflict that we are never going to get over until this gets resolved permanently in our Codes. Mayor Bomo stated he understands her concerns and comments. He stated determining whether the procedural due process was provided, the administrative body provided the correct law and whether the findings were by substantial competent evidence, comes down to the existing LDRs and the existing Ordinance. He stated the application was made under the existing Ordinance. Commissioner Fletcher stated, at some point, a rewrite of the Land Development Regulations has to supersede whatever promise was made and that promise was not made in contract. He stated to interpret that the promise goes on into perpetuity is really stretching it. He stated we cannot choose which LDRs we develop our property to; it is what is in effect at the time you go to get your permits. Commissioner Woods disagreed stating she does not see where it states the promise will be honored only until the Land Development Regulations change. Commissioner Parsons referenced the minutes of the Community Development Board, stating Mr. Wolfson has had a history of defending the original garage covenants and restrictions. Commissioner Fletcher stated in the record of the March 15 meeting there was a summary of the applicant's position on what the use of these lots were. He stated Mr. Wolfson had approached the Commission and/or the CDB several times saying that the lots across the street from the homes on the east side of Beach Avenue were never intended for single - family residents and they were intended for supplemental parking for structures on the east side. He stated it was the interpretation of this applicant that nobody was vested in that promise and the Commission disagreed and granted it to Townsend Hawkes and maybe one other. Mayor Bomo stated the duty of the Community Development Board is to act in accordance with the law, which is the Ordinance and LDRs, which also is the Commission's duty. Commissioner Daugherty clarified, on his ex parte disclosure, that both Bill Gulliford and Lynne Roskein were people he discussed this issue with, but they did not assert any opinions for or against on this. He stated he believes the three items they are to consider are supported and the Board did its job. Commissioner Woods stated these were separate lots when the Wolfsons bought them so there is history of this being a single free standing lot. She stated, even though there is question about these lots being designed specifically just for parking, all she sees in the record is that it's historical hearsay. She stated she has not seen any documentation that says these lots are designed simply to be for garages. She stated the City of Jacksonville has stated that it was a separate lot and was able to have a single - family residence on it so, in that sense, they really are taking the right from that lot to be developed as when it was created and platted. She stated it is a separately platted lot, not a part of their main residence. She stated the lots were created, they were annexed, Mav 9.2011 REGULAR COMMISSION MEETING Page 10 promises were made, conditions were met and people have ended up with properties that don't fit our Codes but they have been paying a lot of taxes on them and have had expectations of use. She stated she doesn't know how you can just tell somebody, no, you can't use your property. She stated, whatever happens tonight, we need to look at solving this problem for the long term so we don't have to keep going through this. Commissioner Parsons stated at one point in the minutes it does state you can build a house on the property, but it would be a very small house, but you could still do it. He also responded to the comment of whether anyone knew what was going on after the fact or where this promise came from Jacksonville, that Ms. Glasser noted that it was unfortunate that Mr. Wolfson had left such a long, detailed record of his opposition to the same variance he now requests, which to him means Mr. Wolfson knew what was going on years ago but now he is changing his mind for his own convenience and that is just not right. Mayor Borno asked if Lot 1725 was platted. Planning Director Sonya Doerr stated they are not platted but they are lots of record. She stated it is a tax parcel. She stated this was a reserve strip along Beach Avenue that was not platted into individual lots, but they were divided into separate lots many years ago and by virtue of how long they have been divided into these lots we recognize them as documented lots of record. She stated they are not platted lots; a platted lot is something that if you look at a legal description will say i.e. Lot 5 of Block 7 of some subdivision. She stated things were divided by metes and bounds, legal descriptions, from government lot, then later when they started platting subdivisions in the 1920s, i.e. Subdivision A, it then was broken up into blocks and lot numbers. She stated there are still some areas of the City that were not platted and this is one of them. Commissioner Woods asked what significance that has. Ms. Doerr stated we still recognize it as a lot of record, but it is non - conforming. She stated the City has long considered basically a 5,000 s.f. as the minimum lot, but if you create new lots, they now have to be 75 x 100. She stated we have considered anything 5,000 s.f. or more a buildable lot, provided you meet zoning setbacks, height and whatever regulations apply. Votes by roll call: Aye: 4 — Borno, Daugherty, Fletcher, Parsons, Nay: 1- Woods MOTION CARRIED Mayor Borno stated the Commission's action will be evidenced in writing by a final order which will be prepared and the specific findings in that will be addressed. Mayor Borno called for a recess at 8:21 p.m. The meeting was reconvened and called to order at 8:34 p.m. B. Approval of location of Fleet Landing sign (deferred from previous meeting). This item was taken out of sequence and acted on earlier in the meeting. C. Authorize the Mayor to sign the Application for Revenue Sharing 2011 -2012. May 9 2011 REGULAR COMMISSION MEETING Page 11 Mr. Hanson explained every year the cities and the State have to sign off on a form to the State declaring they comply with State laws so they are able to receive State Revenue Sharing funds. Motion: Authorize the Mayor to sign the Application for Revenue Sharing 2011- 2012. Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED D. Approve vendor for PD/FD roof replacement. David Thompson summarized his staff report, explaining that while the Fire Department was completing some renovations to their building they noticed some water damage and mold buildup. He stated Jacksonville's building people will do the mold remediation, but they can't do that until the leaks are stopped, which seem to be related to the roof. He stated our building official took bids and came up with the best price, for which they are asking approval from the Commission. Motion: Approve the emergency purchase of a new roof for the Police/Fire Building for $29,725. Moved by Woods, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED E. Authorization to Apply for COPS Grant Application. Mr. Thompson explained the Community Oriented Policing Services grant, stating they have made changes in the grant this year and are funding 100% of the positions for three years and rather than requiring the position to be a new hire, they will allow this to be used for the retention of personnel that might otherwise be lost due to budget reductions. He stated with the Commission's approval he will submit a grant application to the COPS program requesting the funding for two police officers for three -year periods, which will be approximately $380,000. He further stated this is a competitive grant and there are no guarantees. He stated the deadline to apply is the end of May. Motion: Authorize the Assistant City Manager to submit a COPS grant application for up to two (2) law enforcement positions for a three (3) year period, and to authorize the Assistant City Manager and the Mayor to sign the application and subsequent documents related to this grant program. Moved by Woods, Seconded by Fletcher. May 9 2011 REGULAR COMMISSION MEETING Page 12 Mayor Borno reminded the Commission that, as stated in the staff report, by accepting this grant we are then accepting the fourth year of these positions to be paid by the City. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED F. Award Contract for Disaster Debris Removal Services. Rick Carper explained there was an error in the table of his staff report which moved AshBritt up to number two, rather than DRC Emergency Services. He stated after review, his recommendation is to award the Disaster Debris Removal contract to Byrd Brothers as a primary, with a secondary contract to be awarded to AshBritt. Motion: Award the primary contract to Byrd Brothers, with AshBritt, Inc. as backup and authorize the Mayor to sign the contracts for the City. Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. None. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners A. Frisbee Golf Course at Johansen Park. City Attorney Commissioner Daugherty stated he would like staff to prepare a feasibility report for the next agenda. He stated the purpose of putting this on the agenda was to get public comment. He stated it will not attract tournament play because it is a 9 hole course and the pad shown in his report on the first page is not what would be used, it would be just a couple of rails. He stated if it proves to be disruptive of the neighborhood it can easily be removed since it is not a permanent fixture. He stated his question to the community is, if we don't do this, what is a better way we can utilize the park. He stated everyone says it is a passive park, but it is not listed as a passive park. Commissioner Woods stated she believes that park was donated to the City and asked if there are deed restrictions. Rick Carper stated the park was dedicated to the City for a park as part of the plats for two of the parcels of the Selva Marina subdivision, but there are no restrictions. Mayor Borno asked if we have ever done a title search. Mr. Hanson stated he has looked through all the documents we could find and his recollection is essentially what Mr. Carper said, that it was dedicated for drainage and park purposes but no restrictions stating you couldn't do anything on the park. He stated they could attach those documents to the staff report, because a lot of people in May 9 2011 REGULAR COMMISSION MEETING Page 13 the community believe there are some deed restrictions. Mayor Borno asked Commissioner Daugherty if he wanted to isolate the Frisbee golf to Johansen Park or would he want it to be considered on any other parks. Commissioner Daugherty stated there is no other place in the City where something like this would work. He further pointed out that this is a nice family activity. He stated we are spending a lot of money maintaining this park for a few people and he believes they could utilize this park and give people a reason to go there and still provide an area that would not have Frisbees in it. Commissioner Parsons stated this was brought up once before and they were beat up pretty good about it with people stating they didn't want it. He stated he was surprised with how many people showed up tonight who were opposed to it. He stated he would also like to know what the cost of maintenance of this would be. Commissioner Daugherty stated that is something that could be in the staff report. Commissioner Woods stated at the last meeting they discussed the items on the strategic plan and she believes if we are going to spend money on our parks she would rather focus more on Rose Park, which is on the strategic plan. She stated if they are going to spend $3,000 - $5,000, which she doesn't believe they have the money to do, she would like to see it spent on something in the Strategic Plan instead of starting another project. She stated that includes staff time to put this together. She stated messing with Johansen Park is not going to be pretty and she does not see the need for it since it is not a part of our strategic plan at this time. Mayor Borno was moving forward to Item B, but Commissioner Woods asked, don't they have to decide whether to ask staff to do a report or not. Mayor Borno stated one Commissioner can ask for a staff report. He further stated the petition will be considered. B. Reconsideration of Strategic Planning approval to prioritize goals. Motion: Reconsider the strategic plan. Moved by Fletcher, Seconded by Borno Commissioner Fletcher stated they added Rose Park to the Strategic Plan but he doesn't understand why they don't prioritize their goals. He stated Rose Park is up there with the highest goal they have and he doesn't believe that was the intent and it wasn't his intent when he seconded the motion to do that. He stated he met with the City Manager and they wanted to have Rose Park on the stove somewhere but not on a hot burner up front. He suggested they strategize goals a little so that can stay on but not as a high priority. Commissioner Woods stated she believed the numbered strategies were the priority. Mayor Borno stated they identified strategies but they didn't prioritize them. He stated in the past they have always had priorities, which they didn't do this year. Commissioner Fletcher recommended they have goals that were unanimous in one category, goals that were the majority of the Commission in a second category, and other floating goals in a third category. Mr. Hanson asked him where he would put Rose Park. Commissioner Fletcher stated they could discuss that. Commissioner Daugherty stated he believes it is a medium priority because of how long it takes to get these things done. He stated we may have more funds available May 9 2011 REGULAR COMMISSION MEETING Page 14 than they thought because the bids on the pier came back at about $60K over budget, so they will have to make the decision whether or not they want to do that project. He stated if they don't do that project he would like to put Rose Park at the forefront. He stated the Frisbee golf is only around $2,500 and, if necessary, he could raise the funds on his own. Commissioner Woods reiterated that she thought that was what they were doing when they set the strategies and asked if no one was keeping tabs. Mr. Hanson stated they were keeping tabs, there were 8 strategic goals that the Commission approved, four were approved unanimously and four were approved by three of the five Commissioners but there was no implied prioritization. Discussion ensued. Mayor Borno stated the consensus was to prioritize to A and B and put Rose Park as a B priority. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Parsons stated they may need to workshop the strategic plan and put them in order. He stated the previous strategic planning meeting was very confusing and the facilitator did not put them in order like they needed to be. Commissioner Daugherty agreed, stating he was not as pleased with the facilitator that was hired this year and hopes they don't use him again. He stated a lot of cities use their City Manager as the facilitator, which may save them that money. He stated a workshop may not be necessary but believes Mr. Hanson did a good job following up and going through all the notes and prioritizing them. Commissioner Woods clarified that they would let the City Manager come back to them with what was designated as all Commissioners supporting and then the others and if they want to adjust they can go from there. City Clerk Bartle ® Announced Nancy Bailey was selected as the Employee of the Quarter and stated they would both like it if the Commissioners would attend the luncheon tomorrow in the Chamber from noon to 1:00 p.m. Mayor Borno gave his congratulations to Nancy. Commissioner Woods ® Asked about the railroad ties on the median of Selva Marina Drive, stating she has gotten some negative comments about them. Rick Carper stated they are being reduced and most will be gone by the end of the week. Commissioner Parsons agreed they are ugly and they all should be gone. Mayor Borno • Read a quote by Abraham Lincoln regarding respect. May 9, 2011 REGULAR COMMISSION MEETING Page 15 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:07 p.m. Mike Bomo, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk P 4 'n 2 d &A Iw__ Jr Mao L . �? ere Ill. 6 • %TR or m ffs Ell 4r - -t : "` i Ab ... ... .... 7. 46 I P. c- 6L 1. A IR A L I- A A v ATTACHMENT A ATTAM "ENT A Christopher A. White (firm representing the Wolfsons) For Robert & Forrest Parrish Rufus Pennington III For. For, T.R. Hainline (firm representing Robert Clements) For ATTACHMENT B Commissioner John Fletcher — Ex parte disclosures Donnie Wanstall — Oppose John Hull —Opposed Kelly Elmore — Opposed Barbara James — Opposed Georgia and John Goodling — Opposed Greg Bolton — Opposed Francis Lucier — opposed Greg Kelly — opposed Bob Parrish —support George Bull —support Edward Lane —Support Lindley Tolbert — opposed Alecia Humphrey —opposed Steve Rosenbloom — opposed Jim Smith — opposed Rufus Pennington — support Bob Read —support Judy Beaubouf — support Susan Walsh — opposed Leonard Cawrse Larry Stroecker Kirk Hansen Chris Lambertson Barbara Price —Opposed Attorneys T. R. Hainline — obo Rob Clements AGENDA ITEM # 2A MAY 23, 20I1 Prodamation Declaring May 2011 Neurofibromatosis (NF) Awareness Month Across America WHEREAS, NF causes tumors to grow on nerves anywhere in the body, bone and skin tumors, bone deformities such as spinal scoliosis; leg bowing or twisting, cafe au lait spots on the skin, deafness, blindness; learning disabilities; debilitating pain, heart defects and even death; and WHEREAS, NF is more prevalent than Cystic Fibrosis, Duchenne Muscular Dystrophy, Tay Sachs and Huntington's Disease combined; and WHEREAS, NF can appear in any family and is worldwide in distribution, affects both sexes equally and has no particular racial or ethnic distribution; and 85% of cases are sporadic (no previous family history) and 15% are inherited; and WHEREAS, While over 120, 000 Americans have NF and one of every 3, 000 newborns will develop the disorder, it still is relatively unknown to the public and much remains to be done to raise awareness of NF's devastating effects and the need for funding for research to prevent, treat and cure NF; and WHEREAS, The Children's Tumor Foundation leads the efforts to fund critical research aimed at finding the causes of the disorder and developing treatments and a cure, and to provide support to people and families affected by NF; and WHEREAS, NF research benefits an additional 100 million Americans (i.e. 65 million with cancer and 35 million with learning disabilities); and WHEREAS, The Children's Tumor Foundation is observing May as National Neurofibromatosis (NF) Awareness Month nationally to inform the public about this common genetic disorder. NOW, THEREFORE, I, Mike Borno, Mayor of the City of Atlantic Beach, in recognition of this important initiative, do hereby proclaim the month of May, 2011 as Neurofibromatosis Awareness Month In the City of Atlantic Beach, and urge our citizens to join the Children's Tumor Foundation's efforts to increase awareness of the importance of finding a treatment and a cure to NF. 17V WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 23 " day of May, 2011. Mike Borno, MAYOR AEM dl- —%(P� .1 IL r-74 44 .Li�.a a' "' > *,µ �� I ti R r , � � ., � ?'� .�_, +, ;- h Ab 11 ry ■ -3f AA "'s'1'r.'�i �t}1ts- t c�.b _� •x J ''.` J . . t ti ' . +,J -�j: �F n r. ai ! j j IF 1 U 1 �yrr' I 'I' 4' 7 'r r ' T l r � r �+ 7a 3 • " {`'�� 1� { � ■ 07-Pr"T, -d#L 4r U +��' .k rM�. _ -. �n�� r4 ,�a+�� Y + ' * `��4� -- r is '`.�,. 1.�,' �� *' - - I r' f ' AGENDA ITEM # 3A MAY 23, 2011 May 16, 2011 ffu to TLJ W TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans City anager SUBJECT: Follow -u eport Johansen Park Several people at the last commission meeting said that it was their understanding that there were deed restrictions on the use of Johansen Park for "passive" recreation purposes. No such language exists in the park dedication documents. The park consists of four separate parcels that were dedicated to the City. Three of the four contain the following language; "...provided however, anything in this deed to the contrary notwithstanding, said tracks of land shall be used by the Grantee and its successors solely for park and beautification purposes, and upon discontinuance of such use, said tracks of land shall revert to the Grantor, its successors or assigns." The fourth parcel has a dedication that states "All terraces, drives, parks and easements for drainage, utilities and sewers as shown on said plat are hereby irrevocably and without reservation dedicated to the City of Atlantic Beach, Florida and its successors." Complaint about house on Ardella Road A citizen complained at the last meeting about the condition of a house located at 61 Ardella Road in Atlantic Beach saying that the house had been vacant, the doors and windows had been broken out, there had been graffiti painted on the house, and neighborhood kids had been seen inside. The house at 61 Ardella Road is owned by David Boerm who had already been cited by the City's Code Board for various violations. The case had already been scheduled to come back to the Code Board the night after the last city commission meeting (May 10 at which time the Board learned that the various violations at the residence had been brought into compliance before the meeting. The Board decided to lower the fines previously levied to $500 plus administrative fees. The person that complained about the violations at this address was notified that the issue was to come to the Code Board so that they could attend the meeting if they wanted. AGENDA ITEM # 4A MAY 23, 2011 o (0 W Q1 (1) O C w C14 c) N 0) Lf) Lf) W r a) 1 LU 0 LL W __ —� _l 00 Z Z C N 0 F. L) 0 0 0 z LL (D ol LU Z W z (1) z L) U3 Im LU CL CL z CY) 0 0 0 0 0 0 W 0 Q 0 0 CD 0 0 0 0 0 0 0 0 Q C) 0 0 0 69 q V) 0 0 q 00 co c; loo LO 40 L6 a) L6 0 L6 N L 6 C) W r - :, it c cli Li at C, (D (D w 40 0 a) W) N V- (D V) 00 w a LO LO I- LL CD C'4 V T .. 6e. r C14 I ! LL > �'I 0 c z Cl) O 0 LL (L > 0------ 40 0). 0). 643� 61s t), tf? to 40140 I 40 C) CD CD 40 40 0 : i LU —j T" Z 1 40 �40 140 0040 qt Lc� 0 co Q C4 W [r 140 IM q 00 T- le O�O 0 O C14 Ia) I Lf) 1.1 to C4 04 (7) co 40 0 U) (WO 40 0 Q 40 40 0 0 0 40 40 40 40 40 ( R 40 0 0 40 AD 0 0 w . I Z W LLJ, I (T LL O 40 4D Lf) CN I R 0 Lq 1- R (D R N R (,) IR V) R C) RIRIR 40 a) R U) R U) R U) R C) R 40 6 a) M (n N V) I- CY) (1) 1- -Rt a) 0 T- Lf) N'1- MIS (D 04 Lf) cq uj o l o C� W C d (9) 00 V) V) LL o M L) F- V) 04 vi C%i 04 0 LL : Ii U 0 VI I w W a. 0 . k , 6 40 tF* tFk tFk tFk 6-.P > 60 V) uj Z uj N a 40 Cl) C-41 0 h U) CL J uj CL CY) N CY) CY) 40 V- 04 40 C (D: a) O LL 0 W CL o 10 LU 04 C4'V) I 04 a) LO 00 1 (D 14 40 I%- U) IZ D : Z 0) 0 20) <z 0 z 0 z LL 0 — z 0 9 L) Cl) L) LU 0 3: LU D w Z a co > -J < CL 0) ul 2 X _ -J C0 0m W 0 z LU >- U)l LU LU LU 2 _j 0 Z LL- 0) 3: 1 LL . 111 Ix LL. CL z WOWW L) E o 0 0�0 Z >. 1 U) I LL 0 1 L u J LU Jo LU w 1w I -i Lu a UJ 2 w w UJ 2 2 2 1 0 a 0 U) Q w I L) LU I= z Lu 0 CL 2 2im 0 0 z 3: Lu V5 Lu 2 000 2 2 W Lu Lu -i LU LU 5 -1 0 0 z * W 0 0 Lu 0, LU z 0 iz LU l w UJI 0 § a CL CL 0 CL F5 LL a co _j City of Atlantic Beach AGENDA ITEM # 4A FINANCIAL REPORT MAY 23, 2011 APRIL 2011 Cash Balances Prior Current Dollar Fund(s) 03/31/11 04/30111 Change General $6,633,026 $6,700,848 $67,822 Tree Replacement 3,989 3,989 0 Convention Development Tax 50,858 52,847 1,989 Local Option Gas Tax 15,827 16,319 492 Better Jax 1/2 Cent Sales Tax 265,512 247,930 (17,582) Police Training, Forfeiture, Grants, etc. 139,157 149,699 10,542 Community Development Block Grant 0 0 0 Debt Service 41,617 47,431 5,814 Capital Projects 2,036,561 2,047,732 11,171 Utility 3,881,942 3,039,800 (842,142) Sanitation 684,602 686,627 2,025 Building Code Enforcement 45,653 47,294 1,641 Storm Water 1,492,996 1,183,578 (309,418) Pension - Police 53,129 26,087 (27,042) Pension - General 46,192 52,802 6,610 Investments - Unallocated Gains (Losses) (331,088) (204,703) 126,385 Total $15,059,973 $14,098,280 ($961,693) 0.000% Total Restricted Cash 287 $7,690,665 0 Total Unrestricted Cash $6,407,615 2,950 Cash and Investments Prior Current Dollar Interest Account 03/31111 04/30111 Change Rate Bank of America - Depository $3,665,408 $2,541,491 ($1,123,917) 0.300% Federal National Mortgage Association Bonds 2,007,434 2,034,201 26,767 4.300%(l) US Treasury Notes 1,132,273 1,149,856 17,583 4.625%(l) US Treasury Notes 2,063,392 2,094,561 31,169 3.625%(l) Federal Farm Credit Bank Consolidated Bonds 1,126,461 1,144,683 18,222 4.875% (1) Federal Home Loan Bank Consolidated Bonds 1,019,817 1,021,141 1,324 4.300%(l) Pimco Mutual Fund 1,995,849 2,033,738 37,889 2.054%(l) Putnam US Government Mutual Fund 2,036,497 2,075,522 39,025 5.076%(l) MorganStanley SmithBarney Cash 9,605 (150) (9,755) 0.000% SBA - Florida Prime 287 287 0 0.260% Cash on Hand 2,950 2,950 0 N/A Subtotal 15,059,973 14,098,280 (961,693) Rate of Return Police Pension Investments 6,576,046 6,721,925 145,879 2.560% General Pension Investments 11,700,397 12,007,461 307,064 2.280% Subtotal 18,276,443 18,729,386 452,943 Total $33,336,416 $32,827,666 ($508,750) (1) Fiscal year to date rate of return is (.1 %) City of Atlantic Beach AGENDA ITEM # 4A MAY 23, 2011 FINANCIAL REPORT APRIL 2011 Revenues Fund / (Footnote) Annual Estimate YTD - 58% of Estimate YTD Actual Dollar Variance Percent Variance General (1) & (3) $11,515,549 $6,713,565 $8,487,805 $1,774,240 26.43% Convention Development Tax 192,857 112,436 40,611 (71,825) - 63.88% Local Option Gas Tax 463,523 270,234 260,882 (9,352) -3.46% Better Jax 1/2 Ct Sales Tax 658,424 383,861 365,262 (18,599) -4.85% Police Training, Forfeiture & Grants, etc. 185,917 108,390 193,807 85,417 78.81% Grants (2) 647,352 377,406 15,230 (362,176) - 95.96% Debt Service 68,650 40,023 40,364 341 0.85% Capital Projects 903,000 526,449 587,503 61,054 11.60% Utility (3) 19,061,825 11,113,044 6,324,946 (4,788,098) - 43.09% Sanitation 1,837,500 1,071,263 1,057,241 (14,022) -1.31% Building Code Enforcement 317,850 185,307 171,540 (13,767) -7.43% Storm Water 669,124 390,099 402,138 12,039 3.09% Pension - Police (4) 964,726 562,435 964,660 402,225 71.51% Pension - General (4) 1,522,969 887,891 2,053,523 1,165,632 131.28% Total $39,009,266 $22,742,403 $20,965,512 ($1,776,891) Analysis of Major Variances (1) The $1,774,240 positive variance in the General Fund resulted from having received 93.2% of the budgeted property taxes. Typically the majority of these taxes are received from the City of Jacksonville in December & January. Also, the TMDL related transfer of $892,560 from the Utility System Debt Service Fund was done due to the receipt of loan proceeds. (2) The $362,176 negative variance in the Grant Funds resulted from not having any expenditures fiscal year to date. All of these grants receive revenues when the related expenditures are made on the projects and a reimbursement request is filed with the granting agency. (3) The $4,788,098 negative variance in the Utility Funds resulted from not having received the budgeted fiscal year to date proceeds from the Bank - Qualified Loan. Partial receipt of the loan proceeds was received in December, 2010. The City will receive additional loan proceeds as needed when the related expenditures are made on the project. If the loan was not included in this calculation, the variance would be a positive 2.7 %. (4) The $402,225 positive variance in the Police Employee Pension Fund & the $1,165,632 positive variance in the General Employee Pension Fund resulted from changes in market values of the investments. City of Atlantic Beach FINANCIAL REPORT APRIL 2011 Expenses AGENDA ITEM # 4A MAY 23, 2011 Analysis of Major Variances (1) The positive variance in the Public Safety Funds resulted from: open positions in the Patrol division, the seasonality of the Lifeguards, the payment being due quarterly to the City of Jacksonville for fire & rescue services (the payment for January through March, 2011 was paid in March 2011) and limited activity on the Public Safety Building — see Project Activity Schedule. (2) The positive variance in the Public Utilities department resulted from retiring employees being replaced with employees at a lower salary and limited activity on the various projects funded from this source — see Project Activity Schedule. (3) The positive variance in the Operating Expenses is partially due to: only 6 of 7 monthly payments have been paid on the First Vehicle contract; no monies have been spent on the Stormwater Master Plan and only 51.8% of the budget for professional & contractual services has been spent City wide. (4) The negative variance in the Debt Service Accounts resulted from the October and December payment of principal and interest on the Utility Revenue Bonds. Also, interest only on the Utility Revenue Bonds was paid in April. (5) The positive variance in the Transfer Accounts resulted from the TMDL related transfer from the Utility System Debt Service Fund to the General Fund due to the receipt of loan proceeds. The accounts are now 98.6% of the budgeted amounts. Annual YTD - 58% YTD Dollar Percent Department / (Footnote) Estimate of Estimate Actual Variance Variance Governing Body $42,260 $24,638 $24,135 $503 2.04% City Administration 2,522,102 1,470,386 1,405,333 65,053 4.42% General Government 914,780 533,317 306,918 226,399 42.45% Planning and Building 531,131 309,649 263,192 46,457 15.00% Public Safety (1) 6,098,153 3,555,225 3,090,014 465,211 13.09% Recreation and Special Events 392,160 228,629 227,145 1,484 0.65% Public Works 6,679,017 3,893,866 3,610,651 283,215 7.27% Public Utilities (2) & (4) 19,695,451 11,482,448 7,802,889 3,679,559 32.05% Pension - Police 548,977 320,054 348,062 (28,008) -8.75% Pension - General 555,445 323,824 414,117 (90,293) - 27.88% Total $37,979,476 $22,142,036 $17,492,456 $4,649,580 Annual YTD - 58% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personal Services (1) & (2) $9,433,359 $5,499,649 $4,960,347 $539,302 9.81% Operating Expenses (1) & (3) 10,131,151 5,906,461 5,498,783 407,678 6.90% Capital Outlay (1) & (2) 13,826,553 8,060,881 3,563,437 4,497,444 55.79% Debt Service (4) 2,137,906 1,246,399 1,668,526 (422,127) - 33.87% Transfers (5) 2,450,507 1,428,646 1,801,363 (372,717) - 26.09% Total $37,979,476 $22,142,036 $17,492,456 $4,649,580 Analysis of Major Variances (1) The positive variance in the Public Safety Funds resulted from: open positions in the Patrol division, the seasonality of the Lifeguards, the payment being due quarterly to the City of Jacksonville for fire & rescue services (the payment for January through March, 2011 was paid in March 2011) and limited activity on the Public Safety Building — see Project Activity Schedule. (2) The positive variance in the Public Utilities department resulted from retiring employees being replaced with employees at a lower salary and limited activity on the various projects funded from this source — see Project Activity Schedule. (3) The positive variance in the Operating Expenses is partially due to: only 6 of 7 monthly payments have been paid on the First Vehicle contract; no monies have been spent on the Stormwater Master Plan and only 51.8% of the budget for professional & contractual services has been spent City wide. (4) The negative variance in the Debt Service Accounts resulted from the October and December payment of principal and interest on the Utility Revenue Bonds. Also, interest only on the Utility Revenue Bonds was paid in April. (5) The positive variance in the Transfer Accounts resulted from the TMDL related transfer from the Utility System Debt Service Fund to the General Fund due to the receipt of loan proceeds. The accounts are now 98.6% of the budgeted amounts. City of Atlantic Beach FINANCIAL REPORT APRIL 2011 Project Activity Current Year Activity Only AGENDA ITEM # 4A MAY 23, 2011 Project YTD YTD Project Name Number Budget Actual Balance Status Public Safety Lifeguard Building Roof Replacement Police Building Renovation /Design /Construction Public Utilities: Replace Well at Water Plant #1 TMDL - WWTP #1 Design TMDL - Lift Station /Main Transfer Flow Ground Storage Tank Rehab - Water Plant #1 Collection System Inspection & Rehab Mimosa Cove Lift Station Upgrades Lift Station E Upgrades Well Rehab - Well # 1 @ Water Plant #1 Elevated Tank Rehab - Water Plant #2 Ground Storage Tank Rehab - Water Plant #4 Replace 2" Water Main - 11th Street Sewer Rehab - Sea Oats Drive TMDL Upgrade /Construction - WWTP #1 Valve Replacement - Davco & Clarifier Replace Equipment - PW Yard Station Plant Improvements - Master Plan TMDL Sludge /Odor Improvements Subtotal Public Works: Riverbranch Preserve - Kayak & Canoe Launch Howell Park Bridge Replacement Veteran's Park - Flag & Pavilion Dog Park - Hopkins Creek Gate at Dutton Island Lighting - Basketball Court Lighting - Security at Community Center Sod - Baseball Field Sod - South End of Soccer Field Parking - Paved Water Fountain - Russell Park Veteran's Park - Phase II - Stage Royal Palms Design Royal Palms Stormwater Project Bulkhead - Ditch @ Cavalla Sidewalk & Curb Replacement Drain Line - Atlantic Blvd /East Coast Dr /Ahern St Subtotal Total Status Key A - Bid Advertised B - Bid Awarded C - Project Completed D - Design Completed E - Design Phase LG0901 PS0504 8,000 426,491 0 170,456 8,000 256,035 PM1001 434,491 170,456 264,035 PUO304 287,018 194,757 92,261 PU0905 91,205 91,204 1 PU0906 1,708,709 1,257,323 451,386 PU1002 44,340 44,340 0 PU1004 27,788 27,789 0 PU1005 61,498 48,498 13,000 PU1006 48,183 48,183 0 P1.11101 50,000 0 50,000 PU1102 15,000 0 15,000 PU1103 40,000 0 40,000 PU1104 120,000 3,750 116,250 PU1105 300,000 264,937 35,063 PU1106 5,693,230 426,768 5,266,462 PU1107 35,000 0 35,000 PU1108 30,000 0 30,000 PU1109 469,000 0 469,000 P1.11110 241,414 73,183 168,231 9,262,385 2,480,732 6,781,653 PM0804 196,306 5,465 190,841 PM1001 20,000 0 20,000 PM1006 72,063 71,576 487 PM1008 27,800 18,578 9,222 PM1101 20,000 0 20,000 PM1102 22,000 0 22,000 PM1103 20,188 0 20,188 PM1104 32,000 0 32,000 PM1105 20,000 0 20,000 PM1106 36,975 0 36,975 PM1107 5,000 0 5,000 PM1108 50,000 3,560 46,440 PW0808 3,294 3,294 0 PW0905 507,129 507,129 0 PW1005 9,472 9,472 0 PW1101 25,000 12,235 12,765 PW1102 50,000 0 50,000 1,117,227 631,309 485,918 $10,814,103 $3,282,497 $7,531,606 I - Project In- progress N - Complete /Non - Capital R - Re- budget Next Fiscal Year X - Project Cancelled E I C I C C I C E I D C C I AGENDA ITEM # 4A MAY 23, 2011 City of Atlantic Beach, Fl. Utility Sales Report April 2011 April 2010 w � Gallons Actual Revenue 03 Gallons Actual Revenue k Water Sales rAccounts 0000 Revenue Per 1,000 Accounts 0000 Rev en u e Per 1,000 gi s, Atlantic Beach 5,670 40,308 $148,944 $3.70 5,606 35,392 $131,633 $3.72 Buccaneer 2,461 18,462 $86,455 $4.68 �} 2,458 18,407 $82,600 $4.49 Total Water Sales 8 58,770 $235,399 $4.01 8,064 53,799 $214,233 $3.98 - 2 Gallons Gallons Water Plant Production 0000 0000 Atlantic Beach 53,413 53,181 Buccaneer i 21,084 "� 18,277 Total Production 74,497 71,458 Total Water Billed 58,770 53,799 Water Loss for month: ' 15,727 17,659 Percentage Loss 21.11% 24.71% Total 12 mo. Avg. Loss 14.39% 14.50% Gallons Actual Revenue € J Gallons Actual Revenue Sewer Sales Accounts 0000 Revenue Per 1,000 gi Accounts 0000 Revenue Per 1,000 gi b f S 4� Atlantic Beach 5,124 31,921 $239,418 $7.50; 5,142 30,277 $210,358 $6.95 Buccaneer 2,341 17,912 $170,554 $9.52 2,331 16,927 $151,999 $8.98 EN Total Sewer Sales E 7,465 49,833 $409,972 $8.23 a 7,473 47,204 $362,357 $7.68 v r a �= Gallons Actual Revenue Gallons Actual Revenue Y Sewer Treatment 0000 Revenue Per 1,000 gi 0000 Revenue Per 1,000 gi 3 Atlantic Beach 0_5 45,983 $239,418 $5.21 r 44.529 $210,358 $4.72 Buccaneer 17.179 $170,554 $9.93 16.650 $151,999 $9.13 Total Sewer Treated 63.162 $409,972 $6.49M 61.179 $362,357 $5.92 , AGENDA ITEM # 413 MAY 23, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Extension of Annual Contract for Trimming Palm Trees SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: April 28, 2011 BACKGROUND: The City's current contract with Shaw's Tree Service, LLC for palm tree trimming of the Atlantic Boulevard Medians Mayport Road Flyover areas, Town Center, Mayport Road Medians and several park areas will expire on April 30, 2011. Mr. Chris Muchata, Project Manager of Shaw's Tree Service, LLC, has agreed to extend the current contract for another year at the current prices: Cabbage Palm Tree - $18.00 each, Washingtonian Palm Tree - $18.00 each and Medjool (Date) Palm Tree - $50.00 each. The City has the option of extending the current contract for two (2) one year periods. This proposed extension will be the first. RECOMMENDATION: Extend the contract for one year at the current prices. ATTACHMENTS: Letter signed by Chris Muchata, Project Manager of Shaw's Tree Service, LLC, agreeing to the extension. BUDGET: Total budget for Fiscal Year 10/11 is $2,500 for Atlantic Blvd. & Mayport Rd. Medians (account 001 - 5002 - 541.34 -00); $10,000 for Town Center (account 001 - 5002 - 541.34 -02); $2,800 for flyover areas (account 001 -5002- 541.34-03); and $5,000 for Parks (account 001 - 6020 - 572.34 -00). REVIEWED BY CITY at II I k :gel. Jill Xi - At ■ A &' A 4 'F ur ;act 4 is - �A 1 12 '� �' � 11 - Y _�' i � 45, n AGENDA ITEM # 7A MAY 23, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ORDINANCE 20 -11 -110: AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. DATE: May 16, 2011 SUBMITTED BY: David E. Thomp4n A stant City Manager BACKGROUND: Three (3) amendments are included in the attached Ordinance No. 20 -11 -110. Each one is explained briefly in this report, and more detailed staff reports are included in the agenda package. 1. The competitive bids for the Tideviews Preserve Dock/Boardwalk Extension and Kayak/Canoe Launch/Landing came in over budget. The proposed ordinance will transfer $72,000 from the General Fund into the Convention Development Tax Fund to enable the City to award a construction contract for this project. 2. The Police Department is requesting a transfer of $2,000 of Project Generated Income (forfeiture money) into the Police Operating Expense account where it will be spent on surveillance equipment. 3. As a result of the reduction in Community Development Block Grant Funding for this fiscal year, the proposed ordinance reduces the Capital Outlay Account for Park and Recreation by $18,517. BUDGET: The proposed budget amendment recognizes changes to the 2010 -11 budget that are recommended by staff. ATTACHMENTS: ORDINANCE NUMBER 20 -11 -110 RECOMMENDATION: Approve Ordinance Number 20 -11 -110 CITY MANAGER APPRO AGENDA ITEM # 7A MAY 23, 2011 ORDINANCE NO. 20-11-110 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the City has received bids for the dock extension at Tideviews Park in excess of the available funds. The City staff recommends transferring excess fund balance from the General Fund to the project in the current year and then reimbursing the General Fund with Convention Development Tax Funds to be budgeted in the 2012 Annual Budget. Temporarily borrowing the funds will enable the project to proceed timely in order to meet the grant deadline of completion by the end of the fiscal year, and WHEREAS, the City has acquired confiscated funds in the amount of $2,000 that requires City Commission approval and an appropriation to spend. This ordinance creates a budget for those funds, and WHEREAS, the City has received notification that Congress has reduced the funding for C.D.B.G. programs for the current year. The Parks and Recreation Improvements budget is being reduced by $18,517. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2010/2011 Budget to be amended as follows: GENERAL FUND Expenses: Transfer to Convention Development Tax Fund $72,000 Fund Balance: CONVENTION DEVELOPMENT TAX FUND Revenues Transfer from General Fund <$72,000> $72,000 Expenses: Parks and Recreation Capital Outlay — Tideviews Dock Extension $72,000 Fund Balance: $0 AGENDA ITEM # 7A MAY 23, 2011 FLORIDA CONTRABAND FORFEITURE FUND Expenses: Police Department Operating Expenses — surveillance equipment $2,000 Fund Balance: <$2,000> COMMUNITY DEVELOPMENT BLOCK GRANT FUND Revenues: Grant Proceeds <$18,517> Expenses: Parks and Recreation Capital Outlay — Park Improvements <$18,517> Fund Balance $0 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of May, 2011. Passed by the City Commission on second and final reading this day of June, 2011. Mike Borno,Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire, City Attorney Donna L. Bartle, CMC, City Clerk AGENDA ITEM # 8A MAY 23, 2011 AGENDA I'T'EM: Request to approve existing location of new Fleet Landing entrance sign (replaced pursuant to Section 117 14(5) of the Sign regulations requiring non - conforming signs to be brought into compliance by September 09, 2012. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: March 01, 2011 BACKGROIUND: Mid -last year staff sent out another reminder advising businesses and property owners with non - conforming signs that these must be brought into compliance by September 09, 2012. The City's sign regulations were substantively re- written in 2002. Several months after these became effective, the 10 -year amortization provision was added by the City Commission. Quite a number of businesses have proceeded to bring their existing signs into compliance in advance of the deadline, but there are still some 45 -50 signs which must be brought into compliance. After last year's reminder letter went out, Fleet Landing contacted Staff regarding plans for their new sign at their Mayport Road entrance. The old sign is pictured on page 2. The old sign exceeded the 8 -foot height limit and was a bit short of the five -foot setback requirement, but was located within the Fleet landing Blvd. right -of -way. This is the sign location that was approved as the Fleet Landing PUD was developed, and the sign has been at this location within the Fleet Landing Blvd. right -of -way for many years. As seen in the below photos, there is a great amount of City, FDOT, JEA and utility infrastructure at this location, both overhead and underground that to some degree, constrains the location for freestanding signs on this property. The Kangaroo station has two large signs that will have to be brought into compliance and they have been similarly notified The proposed new Fleet Landing sign met all size and location requirements of the current sign regulations although it was to be shifted a few feet further west, but still within the same general location of the Fleet Landing Blvd. right -of -way. The sign contractor met on -site with the City's Public Works Director and others to consider the new sign. and the City subsequently approved the new sign, permits were issued, and the sign was constructed late last year. Within recent weeks, the City has received complaints from the Kangaroo station stating that the new Fleet Landing sign obscures the fuel pricing on their sign. We have no obligation to provide visibility for commercial signs on private property, and I would submit that when Kangaroo replaces or modifies their two non - conforming signs, they will have the opportunity to remedy this to some degree. March 28, 2011 regular meeting 'Ja'! :j s•° 1 "j r • :� '�•��.i Pi:b ,,; r4`t',��r. -.,.. _ i � ,,, ::. R•. ep[,t� ri:,, -- a.l: ::° Vr v I - :[ r , .. qr .1. _ �1.:. •E: ��i.'1 I' �•:}r � k y _ it �'i 5�g �xr, _ . I + •i A. iCs, •. [�. �^`� r r.r ;lw ��- ° i ir� ir. � acv; �'!4[•. x7'I� '9 Vii_' - �i �� r; rry � *_� -• {• �k'�•. x 7 4 . - i�l �;t *_ -.,• + � ✓L�;� �•y r, . ti� - 1 w.r.S - # y eT:. +^ � �� r� .1i� ' !'.'1,o-':' 1::•: + �:.�� S�i., ls. �1rst''� ": �� - i. �'' 5 1,1 - �5� .ir � + i;:�;11',�.•,:1�' °rl � r µ }. 4 n �+� ',,'§�� - 1 . ��.r -k � V �r,. V ,� '• *t. 1 }'r °. • rk': • ,.�,�. `0�' i , �. 7? .' rG." �� ' ' 1 ice.; .. �5'i.:� F4� En e�..` _:(�� mo 53+�{F5 '�I,'trT.': -�i�; y+,y'$y, itiC - t ,.-- - •5r1.5. 1k:. ,tt:. got �i . ,i� } - s �. r�'r', '1 i r �[ , ��e _- ! yvt'��!}: r�' y� � ��7 � ��lu• '1,�'w ,'�i ,. F ' �1� � #1r � Y ?4"Wa F%'ti`��•'�'�%��, - .�•.. i' � „_ t � tji • p, i {.y }._i� rl� i '�..- - Y4 -. ��. �Y^ �.+ - 4 t� J.� L�7' _, -!i " ` , y '��, .°.° " F' �} i}Y/[�yy rr_. - �:�r. � r[•r•i' [ -, - tr. ".r °�' _d • -T. C.o'.- .,'.�• '6. ' _ r ;} �. a., •g � ,.1 �,. s 5 . r AN. �. e dil _ r , •4 •r } y rlk 4N r. 4A �X.Lk-, 24 Ol " R IIC4 momw I AGENDA ITEM # 8A MAY 23, 2011 COMMENDATION: Motion to approve existing location of new Fleet Landing entrance sign replaced pursuant to Section 117 14 (5) of the Sign regulations requiring non - conforming signs to be brought into compliance by September 09, 2012. ATTACHMENTS: Site plan showing location of original and new Fleet Landing sign. .: March 28, 2011 regular meeting I T kn L 7_ 4 0 X e r 0 4t -41 ot ki f, 40 -d ell T 7 low AW-M AGENDA ITEM # 813 MAY 23, 2011 BEFORE THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA IN RE: Donald M. and Karen Wolfson Appeal of Order Denying Variance entered by the Community Development Board ORDER AFFIRMING DECISION OF COMMUNITY DEVELOPMENT BOARD Donald M. and Karen Wolfson ( "Wolfson ") initiated a request for a variance from the rear yard setback requirements to allow for future construction of a single family residence on a nonconforming lot of record of substandard size located on the west side of the right -of -way at 1725 Beach Avenue. The variance request was heard by the Community Development Board ( "CDB ") at meetings held on February 15, 2011, and March 15, 2011, resulting in an Order Denying Variance dated March 23, 2011. Wolfson timely filed an appeal to the City Commission pursuant to Sec. 24 -46 of the Atlantic Beach Code of Ordinance, which appeal was heard by the City Commission on May 9, 2011. At said appeal hearing, the City Commission heard presentations by city staff and by Christopher A. White, Esquire, attorney for Wolfson, conducted a public hearing and heard from several members of the public, and then heard both rebuttal and closing arguments from city staff and Attorney White. Based upon the foregoing, the City Commission makes the following findings of fact and conclusions of law: A. Wolfson's appeal is based upon letters dated April 12, 2011, and April 13, 2011, claiming, as grounds for the appeal, hardship, challenging the legality of the CDB's AGENDA ITEM # 813 MAY 23, 2011 decision, that there was no competent substantial evidence to support the CDB's decision, and that Wolfson was not afforded due process. B. The City Commission is limited in its review of the action taken by the CDB to the record established before the board at its hearings held on February 15, 2011, and March 15, 2011, and to the consideration of the following questions: (1) Whether procedural due process was afforded; (2) Whether the CDB applied the correct law; and (3) Whether the findings of the CDB are supported by competent substantial evidence. C. WHETHER PROCEDURAL DUE PROCESS WAS AFFORDED: The Wolfson request for a variance was heard by the CDB at two (2) meetings held on February 15, 2011, and March 15, 2011, for a combined total of approximately four (4) hours. The minutes of both meetings reflect a substantial amount of dialogue between Wolfson and board members during his presentations to the board and after the public hearings were closed and the matter was taken up by the board. Both meetings before the CDB were properly noticed as public hearings, and Wolfson was allowed to present any and all evidence, testimony, and the like, to the CDB. Wolfson was not limited or restricted in any fashion in regard to presentation of his case to the CDB. Wolfson also had notice of both meetings, attended both meetings, and received a fair hearing before the CDB. Wolfson complains he was not allowed to respond to certain information staff provided to the CDB at the March 15, 2011, hearing when staff was asked by a board member to explain precisely what options were available to Wolfson without a variance. 2 AGENDA ITEM # 813 MAY 23, 2011 Staff then presented drawings reflecting one -story and two -story garages that could be built without a variance, and the set back requirements for each. This was information contained in Chapter 24 of the Atlantic Beach Code of Ordinances, with which Wolfson either was or should have been familiar, especially in light of his reference in the minutes to his past service to the City as a member of the CDB for approximately 14 years, the majority of which time he served as the chair. Procedural due process was afforded to Wolfson and he received a fair hearing before the CDB. D. WHETHER THE CDB APPLIED THE CORRECT LAW: The minutes from both meetings held before the CDB on February 15, 2011, and March 15, 2011, reflect discussions of the criteria contained in Sec. 24 -64 of the Atlantic Beach Code of Ordinances, which the CDB must consider in either approval or denial of a variance request. Various members of the CDB discussed specific sections of Sec. 24 -64 regarding approval or denial of the variance at the March 15, 2011, meeting, and their applicability to the Woflson property and request. These provisions in Sec. 24 -64, together with other applicable sections in Chapter 24 of the Atlantic Beach Code of Ordinances, discussed by the CDB at the meetings, are the correct law to be applied to Wolfson in either approval or denial of his variance request. E. WHETHER THE FINDINGS OF THE CDB ARE SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCE: The findings of the CDB are set forth in the ORDER DENYING VARIANCE signed March 23, 2011. The evidence received by the CDB at both hearings it held is legally sufficient to support these findings. 3 AGENDA ITEM # SB MAY 23, 2011 These findings are as follows: 44 1. The property is not of irregular shape warranting special conditions, neither are there exceptional topographic conditions of or near the property, nor are there surrounding conditions or circumstances impacting the property disparately from nearby properties;" The CDB received copies of a survey of the property showing a 50' x 70' rectangular lot, and a history of the property and nearby properties from both Wolfson and city staff. 66 2. The substandard size of the lot of record neither warrants a variance in order to provide for the reasonable use of the property, nor are there other exceptional circumstances preventing the reasonable use of the property compared to other properties in the area;" The CDB was presented with information and a power point presentation indicating that Wolfson could build a one -story 600 sq.ft. garage within five (5) feet of the rear lot line, or a two -story 1200 sq.ft. garage with guest quarters (600 sq.ft per story) within ten (10) feet of the rear lot line, and that neither structure required a variance. Wolfson was therefore not prevented from reasonable use of his property despite its substandard size. 64 3. The granting of the variance will have a materially adverse impact on the light and air to adjacent properties, public safety, including risk of fire, traffic safety and general congestion of the streets, the natural environment of the community, and established property values;" Many people who spoke during the public hearing portion of the CDB meetings on February 15, 2011, and March 15, 2011, discussed adverse impact on their light and air from the east and the already congested area along Beach Avenue where the Wolfson lot is located. The variance would allow a higher structure closer to the property line. The evidence is sufficient to substantiate this finding. 4 AGENDA ITEM # 813 MAY 23, 2011 44 4. The granting of the variance will not be in harmony with the general intent and purpose of Chapter 24, City of Atlantic Beach Zoning and Subdivision Regulations." Much discussion was heard by the CDB at its meetings regarding the use of properties, such as the Wolfson property, on the west side of Beach Avenue, and that they were intended to be used for parking purposes associated with the oceanfront properties. Construction by Wolfson of a single family residence on this substandard lot would not be in keeping with the general intent of Chapter 24 of the Atlantic Beach Code of Ordinances, which intent is set forth in Sec. 24 -2, as follows: "The purpose of this chapter, the zoning districts and regulations set forth herein is to provide for orderly growth; to encourage the most appropriate use of land; to protect the natural environment; to protect and conserve the value of property; to prevent the overcrowding of land; to promote, protect and improve health, safety, comfort, good order, appearance, convenience, and general welfare of the public; and to help accomplish the goals and objectives of the comprehensive plan." Accordingly, it is ORDERED as follows: 1. The appeal filed by Donald M. and Karen Wolfson regarding the Order Denying Variance dated March 23, 2011, is denied. 2. The decision of the Community Development Board is upheld and the Order Denying Variance dated March 23, 2011, is affirmed. DONE AND ORDERED this day of May, 2011. ATTEST: DONNA BARTLE City Clerk LOUIS BORNO, JR. Mayor, Presiding Officer E AGENDA ITEM # 8C MAY 23, 2011 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Possible Naming of a Park in Honor of Commissioner Dezmond Waters SUBMITTED BY: Jim Hanson, City-blanas; DATE: May 16, 2011 BACKGROUND: Commissioner J. Dezmond Waters III served the City of Atlantic Beach through many roles over many years including as a City Commissioner for three different terms from 1991 to 1995, 1999 to 2003 and 2003 through 2007. He also served on numerous boards and committees including Chairman of the Atlantic Beach Parks and Recreation Board, Community Development Board, Chairman of the Atlantic Beach Zoning Committee, Member of the First Night Committee, founding member and Chairman of the Atlantic Beach Beautification Committee, President of the North Duval Beaches Association, Chairman of the Atlantic Beach Tree Conservation Board, Voting Delegate to the Florida League of Cities annual conferences, and a member of the Beaches Resource Center Foundation. Upon his retirement from public office, he was honored with a proclamation by the Mayor of Atlantic Beach on November 6, 2007. Since his passing, the City has received contributions totaling $2,155 in the name of Commissioner Waters with the intent of honoring his past service to the City and the staff was asked to consider various options for the Commission to consider. After considering several options for naming either parks or public facilities in honor of Commissioner Waters, the one that seems most appropriate is Mandalay Park. This Park was named by the Atlantic Beach Commission through a resolution adopted February 10, 1997. The name Mandalay Park was recommended by the Parks and Recreation Board, which was chaired at that time by Dezmond Waters. The name came from Mandalay Avenue which was originally a part of what is now Ocean Boulevard. The street was originally named after the Mandalay Company which, in 1938, deeded various streets to the Town of Atlantic Beach including Mandalay Avenue. Mandalay Park currently does not have a name sign as do most other City parks. The estimate for the cost of such a sign for this park would be under $2,000. AGENDA ITEM # 8C MAY 23, 2011 BUDGET: The City has collected $2,155 in revenues from various individuals to honor Commissioner Waters. The estimated cost to purchase and install a sign at Mandalay Park would be under $2,000. ATTACHMENT: Report of the Parks and Recreation Board to the Atlantic Beach City Commission on January 27, 1997. ATTACHMENT A JANUARY .27.`; 1997 COMMISSION MEETING AGENDA ITEM # 8C MAY 23, 2011 TO: ATLANTIC BEACH[ CITE' COMMISSION It is the consensus of the_ Parks and Recreation Board that all properties designated for parks be given names as soon as possible in order to avoid misnomers. At least two current properties stand the possibility of forever being remembered by the names of their sellers, i.e. Tresca and Dutton, if the Commission does not name them in a timely fashion. In pursuit of this objective, the Board, months ago, asked Mrs. Ding to run an advertisement in the TIDEVIEWS to solicit names for a small triangular piece of land at the intersections of Ocean Blvd. and Seminole Rd. and 16th St. There were not a lot of suggestions, but the Parks and (recreation Board found MANIDALA Y the most appealing and appropriate for our northernmost park Knowing that Mandalay already had a history in this area, I asked Eleanor and Garnett Ashby about it and they pointed out that a short extension of what most people think as Ocean Blvd. north of 16th St. used to be named Mandalay; said name was also the description on the old plat maps for the development. Byway of a little history, this park is a combination of a road closure of a part of IDewees and a small parcel .of land purchased originally for a lift station which was never built. Former Commissioner Bob Cook also voted to acquire the land so that a park there could be named in honor of Adele Grage, but the Community Center has since been named for the former city clerk Several years ago the Commission designated it a park and it has remained unnamed until this day. Pursuant to these outlined goals, the Parks and Recreation Board recommends that you name the triangular park at the intersections of Seminole, Ocean and 16th 66 MANIDAIrAY PARK" and ask the city clerk to prepare a resolution to that effect, We should also like to inform you that we have begun the process of seeking a name for the Tresca property. Mrs. King will run the same "NAME THAT PARK" ad that she ran last time in the TIDE.VIET' S . Those suggestions plus any others that are submitted to us will be ranked and compiled and, if copious, then resubmitted to residents for a final vote. From among the highest ranked, the Board will make its choice which we will then forward to the Commission for final approval. AGENDA ITEM # 8D MAY 23, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Mutual Aid Agreement with Jacksonville, Neptune Beach and Jacksonville Beach DATE: May 11, 2011 c, SUBMITTED BY: Michael D. Classey - Chief of Police BACKGROUND: The Atlantic Beach Police Department has had a Mutual Aid Agreement with other local police agencies for many years. This is the same agreement that is in effect today, but it must be renewed as the current one is approaching the expiration date. The purpose of the attached agreement is to establish the authority and responsibilities of police officers who may be called upon to perform law enforcement services while in other local jurisdictions. Jacksonville, Neptune Beach, Jacksonville Beach, and Atlantic Beach often work together on investigations that take them into one another's jurisdictions. By sharing their resources, they can reduce the expenses and enhance the effectiveness of the investigations. This agreement provides the authority for Atlantic Beach officers to pursue investigations and to enforce traffic, misdemeanor, and felony laws in the cities that are party to this agreement. It also provides personnel from Jacksonville Beach and Neptune Beach with the same authority while working in Atlantic Beach. BUDGET: None RECOMMENDATIONS: To approve the attached Mutual Aid Agreement and authorize the City Manager and Chief of Police to sign it. ATTACHMENTS: Proposed Agreement REVIEWED BY CITY MANAGER: AGE A ITEM NUMBER: AGENDA ITEM # 8D MAY 23, 2011 MUTUAL AID AGREEMENT COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION AGREEMENT WITNESSETH WHEREAS the jurisdiction of the Jacksonville Sheriff's Office, the Atlantic Beach Police Department, the Jacksonville Beach Police Department, and the Neptune Beach Police Department are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) intensive situations including but not limited to emergencies as defined under section 252.34(3), F.S. and (2) continuing multi jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS the Jacksonville Sheriff's Office, the Atlantic Beach Police Department, the Jacksonville Beach Police Department, and the Neptune Beach Police Department have the authority under Part I of Chapter 23, Florida Statutes (2006), the Florida Mutual Aid Act, to enter into: (1) a requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies, and (2) a voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines: Now, therefore, the Parties Agree as Follows: Section I: Provisions for Operational Assistance The aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other to include but not necessarily be limited to dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man -made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. Section II: Provisions for Voluntary Cooperation In addition, each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may also request and render law enforcement assistance to the other in dealing with: (1) any violations of Florida law to include, but not be limited to, homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, 1 AGENDA ITEM # 8D MAY 23, 2011 drug violations pursuant to Chapter 893 F.S., violations of the Florida Uniform Traffic Control Law; (2) accidents involving motor vehicles; (3) violations of county and municipal ordinances; (4) backup services during patrol activities; and (5) inter - agency task forces and /or joint investigations. Section III• Procedure for Requesting Assistance and Command and Supervisory Responsibilities a. It is understood by all parties that the Jacksonville Sheriff's Office enjoys jurisdiction throughout Duval County and within the cities of Atlantic Beach, Jacksonville Beach, and Neptune Beach, and that said jurisdiction is not conditioned upon or pursuant to this agreement. b. In the event that a party to this agreement is in need of assistance as set forth above, it shall notify the agency head or his designee from whom such assistance is required. The agency head or designee of the agency whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his or her supervisors if necessary and will respond in a manner he or she deems appropriate. The agency head's or designee's decision in this regard shall be final. c. The resources or facilities that are assigned by the assisting agency shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the agency requesting assistance. In the event the assistance of a Jacksonville Sheriff's Office tactical unit such as the SWAT team or Bomb squad is requested by the Atlantic Beach Police Department, the Jacksonville Beach Police Department, or the Neptune Beach Police Department, the Jacksonville Sheriff's Office officers in those tactical units shall be under the command and control of a Jacksonville Sheriff's Office supervisor while the unit(s) are operating in Atlantic, Neptune, or Jacksonville Beach. d. In the event the Jacksonville Sheriff's Office requests assistance of a tactical unit of the Atlantic Beach Police Department, the Jacksonville Beach Police Department, or the Neptune Beach Police Department, officers in those tactical units shall be under the command and control of a supervisor from the respective assisting agency while the unit is operating in the City of Jacksonville. e. Conflicts: Whenever an officer, deputy sheriff, or other appointee is rendering assistance pursuant to this agreement, the officer, deputy sheriff, or appointee shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his/her own employing agency. If any such rule, regulation, personnel policy, general order, or standard operating procedure is contradicted, contravened, or is otherwise in conflict with a direct rd AGENDA ITEM # 8D MAY 23, 2011 order of a superior officer of the requesting agency, then such rule, regulation, personnel policy, general order, or standard operating procedure of the assisting agency shall control and shall supersede the direct order. Section IV: Authority Privileges Immunities and Costs a. Authority of Law Enforcement Officers Operating Pursuant to this Agreement: 1. Members of the Atlantic Beach Police Department, the Jacksonville Beach Police Department, and the Neptune Beach Police Department actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of their agency under the terms of this agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, responsibilities, privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed. 2. In the event a violation of Florida Statutes should occur in the presence of said officers representing their respective agencies in furtherance of this Agreement they shall be empowered to take appropriate enforcement action including, but not limited to, arrest or citation of the suspect or suspects. 3. In the event a felony, misdemeanor, or traffic violation should occur in the presence of an officer of the Atlantic Beach Police Department, Jacksonville Beach Police Department, or Neptune Beach Police Department while he or she is outside his or her respective jurisdiction but within Duval County, said officer shall be empowered to take appropriate enforcement action including, but not limited to, arrest or citation of the suspect or suspects. This paragraph does not authorize officers of the Atlantic Beach Police Department, Jacksonville Beach Police Department, or Neptune Beach Police Department to conduct or operate radar or other traffic deployments outside their respective jurisdictions. 4. In the event an officer of the Atlantic Beach Police Department, Jacksonville Beach Police Department, or Neptune Beach Police Department who is investigating a felony or a misdemeanor which occurred within his or her respective jurisdiction should develop probable cause to arrest a suspect for that felony or misdemeanor when the suspect is located outside the officer's jurisdiction, but within Duval County, the officer shall be empowered with the same authority to arrest said suspect as the officer would have within the political subdivision in which they are employed. An officer intending to effect a probable cause arrest pursuant to this paragraph should, whenever possible, request the assistance of the Jacksonville Sheriff's Office or other agency located in the jurisdiction within which the arrest is to take place. Failure to request such assistance shall not, however, affect the validity or legality of any arrest made pursuant to 3 AGENDA ITEM # 8D MAY 23, 2011 this paragraph. If the offense is a misdemeanor, the officer shall make a warrantless arrest only if such arrest is permitted by Florida Statute 901.15. Warrantless misdemeanor arrests made pursuant to Florida Statute 901.15 must be made immediately or in fresh pursuit. 5. Members of the Atlantic Beach Police Department, the Jacksonville Beach Police Department, and the Neptune Beach Police Department may, upon request by and within the jurisdiction of any other party to this agreement, enforce any local ordinance that may be enforced by the requesting agency. b. Each party agrees to furnish necessary equipment, resources and facilities and to render services to each other party to the agreement as set forth above; provided however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. c. The agency furnishing any equipment pursuant to this agreement shall bear the cost of loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance of that equipment. d. The agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The requesting agency may compensate the assisting agency during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering such aid as authorized in Section I: Provisions for Operational Assistance. e. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. f. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual cost or expenses incurred by the assisting agency performing hereunder when assistance is requested under Section I: Provisions For Operational Assistance. 4 AGENDA ITEM # 8D MAY 23, 2011 Section V: Indemnification Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this Agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to provisions of section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify applies. Section VI: Insurance Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(16), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. Section VII: Effective Date This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until June 30, 2015, unless terminated prior thereto by any or all of the parties to the agreement. Section VIII: Cancellation This agreement may be canceled by any party upon delivery of written notice to the other party or parties. Cancellation will be at the direction of any subscribing party. IN WITNESS WHEREOF, the parties hereto cause this foregoing Mutual Aid Agreement to be signed on the date indicated. John H. Rutherford, Sheriff Jacksonville, Duval County, Florida Date 5 AGENDA ITEM # 8D MAY 23, 2011 Michael D. Classey Date Chief of Police Atlantic Beach Police Department Jim Hanson, City Manager Date City Manager City of Atlantic Beach, Florida IN WITNESS WHEREOF, the parties hereto cause this foregoing Mutual Aid Agreement to be signed on the date indicated. David W. Sembach, Chief of Police Date Neptune Beach, Florida Police Department James R. Jarboe, City Manager Date City Manager City of Neptune Beach, Florida Bruce A. Thomason, Chief of Police Date Jacksonville Beach, Florida Police Department Fland Sharp, Mayor Date City of Jacksonville Beach, Florida George D. Forbes, City Manager Date City of Jacksonville Beach, Florida N STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM DATE: SUBMITTED BY BACKGROUND: Forfeiture Funds May 12, 2011 Michael D. Clas Chief of Police AGENDA ITEM # 8E MAY 23, 2011 Forfeiture funds are money or other valuables seized by the Police Department, generally from drug cases. Florida State Statute (FSS) 932.7055 (5) (a) and (b) governs the requirements for expending those funds and requires approval from the governing body. Specifically, it states that the proceeds may not be used to meet normal operating expenses of the agency. A few of the permissible uses would be training, memberships and providing additional equipment. Under the terms of our Justice Assistance Grant for the Crime Suppression Unit (CSU), Program Generated Income (PGI) is money seized during a CSU investigation. PGI is a specific type of forfeiture funds. That money has to be put back into the CSU program and has to be approved by the Florida Department of Law Enforcement. There is currently $2,000 of PGI which must be expended. Staff has identified two types of equipment to purchase with the PGI funds that will enhance the effectiveness of CSU. The first consists of three different covert cameras that will be used to record undercover operations for evidentiary reasons. The second is a camcorder used to film surveillance operations during an investigation. The total cost of this equipment is $2,000 and has been approved by FDLE. The forfeiture statute requires a request to expend the funds be made to the governing body of the municipality. It also requires a written certification that the request complies with the provisions of the statute. I do certify that these requests comply with the provisions of FSS 932.7055 (5) (b). BUDGET: $2,000 RECOMMENDATIONS: Staff recommends the approval to expend $2,000 of forfeiture funds for equipment purchases as described above. ATTACHMENTS: FSS 932.7055 REVIEWED BY CITY MANA ER: A NDA ITEM NUMBER: Statutes & Constitution :View Statutes :- >2009- >Ch0932- >Section 7055 : Online Sunshine Page 1 of 5 AGENDA ITEM # 8E MAY 23, 2011 Select Year: F20 Go Th 2oo9 Florida Statutes Title XLVII Chapter-932 View Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter CORRECTIONS PROCEDURE LAW 932.7055 Disposition of liens and forfeited property. -- (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810._145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(6)(b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. 1 (d) Notwithstanding any other provision of this subsection, and for the 2009 -2010 fiscal year only, the http: / /www.leg. state.fl.us /statutes /index.efin? App_ mode = Display _Statute &Search_String =... 5/7/2010 Statutes & Constitution :View Statutes :- >2009- >Ch0932- >Section 7055 :Online Sunshine Page 2 of 5 AGENDA ITEM # 8E MAY 23, 2011 funds in a special law enforcement trust fund established by the governing body of a municipality may be expended to reimburse the general fund of the municipality for moneys advanced from the general fund to the special law enforcement trust fund prior to October 1, 2001. This paragraph expires July 1, 2010. (5)(a) if the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriffs office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. After July 1, 1992, and during every fiscal year thereafter, any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. http: / /www.leg.state.fl,usl statutes /index.cf n ?App_Mode= Display_Statute &Search String =... 5/7/2010 Statutes & Constitution :View Statutes :- >2009- >Ch0932- >Section 7055 :Online Sunshine Page 3 of 5 AGENDA ITEM # 8E MAY 23, 2011 Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program (s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the minimum amounts established herein. - (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. (b) The Department of Environmental Protection, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Internal Improvement Trust Fund. (c) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.02.7, as applicable. (d) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (e) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379339, and 379.3.395 or into the Marine Resources Conservation Trust Fund as provided in s. 379337. (f) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (g) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (h) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband http: / /www,leg. state .fl.us /statutes /index.cf n ?App_ node= Display_Statute &Search String =... 5/7/2010 Statutes & Constitution :View Statutes :- >2009- >Ch0932- >Section 7055 :Online Sunshine Page 4 of 5 AGENDA ITEM # 8E MAY 23, 2011 Forfeiture Act shall be deposited into that state university's special law enforcement trust fund. (i) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Agricultural Law Enforcement Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (j) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (k) The Department of Transportation, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Transportation Trust Fund to be used for purposes of drug interdiction or into the department's Federal Law Enforcement Trust Fund as provided in s. 339..082, as applicable. (t) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (m) The Division of State Fire Marshal in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (n) The Division of Insurance Fraud of the Department of Financial Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency shall issue a title certificate for such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and http: / /www.leg.state.fl.us /statutes/ index .cfm ?App_mode= Display_Statute &Search String =... 5/7/2010 Statutes & Constitution :View Statutes :- >2009- >Ch0932 -> Section 7055 :Online Sunshine Page 5 of 5 AGENDA ITEM # 8E MAY 23, 2011 approval of the budget for the law enforcement agency. History. - -s. 5, ch. 92 -54; s. 2, ch. 92 -290; s. 21, ch. 94 -265; s. 479, ch. 94 -356; s. 5, ch. 95 -265; s. 72, ch. 96 -321; s. 41, ch, 96 -418; s. 2, ch. 98 -387; s. 3, ch. 98 -389; s. 4, ch. 98 -390; s. 5, ch. 98 -391; s. 2, ch. 98 -392; s. 2, ch. 98 -393; s. 2, ch. 98 -394; s. 61, ch. 99 -245; s. 2, ch, 2000 -147; ss. 26, 79, ch. 2002- 402; s. 1923, ch. 2003 -261; s. 37, ch. 2003 -399; s. 3, ch. 2004 -39; s. 38, ch. 2004 -234; s. 16, ch. 2004- 344; s. 23, ch. 2005 -3; s. 19, ch. 2005 -71; s. 2, ch. 2005 -109; s. 5, ch. 2005 -117; s. 11, ch. 2006 -26; s. 20, ch. 2006 -176; s. 21, ch. 2006 -305; s. 7, ch. 2007 -14; s. 10, ch. 2007 -73; s. 10, ch. 2008 -153; s. 207, ch. 2008 -247; s. 7, ch. 2009 -82. ( Note. -- Section 7, ch. 2009 -82, amended paragraph (4)(d) "[in]n order to implement Specific Appropriations 1169 and 1175 of the 2009 -2010 General Appropriations Act." Copyright © 1995 -2010 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg. state. fl. us / statutes /index.efrn? App_mode= Display_Statute&Search String =... 5/7/2010 AGENDA ITEM # 8F MAY 23, 20I1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Rehabilitation of Well No. 1 at Water Plant No. 1 SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director DATE: May 13, 2011 BACKGROUND: Well No. 1 at Water Plant No. 1 (469 11 St.) was constructed in 1953. In the last couple of years the well has suffered a serious loss in yield, and is now at less than half of its original production due to excessive calcium and magnesium carbonate mineral deposits in the well bore. Our 2001 Water Master Plan recommended replacing the well by 2008. Replacing the well would cost several hundred thousand dollars. Over the past twelve years, JEA in conjunction with their engineers and contractors have conducted research and developed a proprietary chemical well rehabilitation process that has had excellent results. After discussions with JEA, staff believes Well No. 1 at Water Plant No. 1 can be rehabilitated and its life extended significantly by using JEA's process. The typical chemical rehab process involves injecting strong acid into the well to dissolve built up calcification. There is significant risk involved in this process, including damage to the well or to surrounding properties. The process developed by JEA is much safer, and has greatly increased production and extended the life of many of their public supply wells. In addition, the rehabilitation process results in electrical savings as less energy is needed to overcome well drawdown. JEA has a bid contract with Williams Industrial Services, LLC to complete this work (JEA Bid No. JEV- 015 -11, Contract No. 109689). The bid is based on hourly rates and percentages for labor, equipment and overhead, similar to the City's annual contracts for utility and electrical work. Staff requested a proposal from Williams Industrial Services based on estimated work, which is a not to exceed amount of $39,999.29. Staff would like to piggyback on the JEA bid contract for this work. BUDGET: A total of $50,000 was budgeted for this project in the Water Fund in account number 400 - 5502 -533 -6300. RECOMMENDATION: Authorize Williams Industrial Services, LLC to complete the Rehabilitation of Well No. 1 at Water Plant No. 1 in an amount not to exceed $39,999.29 and authorize the City Manager to sign the contract. AGENDA ITEM # 8F MAY 23, 2011 ATTACHMENTS: 1. Proposal for Rehabilitation of Well No. 1 at Water Plant No. 1 from Williams Industrial Services, LLC. REVIEWED BY CITY MANAGER: AGENDA ITEM # 8F MAY 23, 2011 Williams ids , A S6ihsidiary of Williams bidustrial Services Group, L c. 11 MAY 2011 Re: CITY OF ATLANTIC BEACH REHABILITATION OF WELL NO. 1 AT WTP NO. 1 MS. KALUZNIAK, Williams Industrial Services will provide all supervision,labor, equipment, subcontracts and material required in order to perform the above referenced job per documentation received, e- mail's received, and conversations had for the not to exceed price of: $39,999.29 This price is based on billing rates from Williams Industrial Services, L.L.C. contract with JEA. Should you have any questions or comments please do not hesitate in contacting me. We thank you for the opportunity and look forward to performing this Project for you and the City of Atlantic Beach. Regards, Shawn Landrum Williams Industrial Services 696 -9994 (office) 237 -3007 (cell) 696 -9997 (fax) 100 Crescent Centre, #1240 • Tucker, Georgia 30084 11380 -1 Island Drive • Jacksonville, Florida 32226 AGENDA ITEM # 8G MAY 23, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Award Intracoastal Waterways Parks Master Plan RFP #11 -03 SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: May 16, 2011 BACKGROUND: The Public Works Department released a Request for Proposals (RFP) for the Intracoastal Waterways Parks Master Plan in March. Ten proposals were received. After staff review and evaluation of the written proposals, the top four firms were invited for oral interviews conducted by the City Manager and Staff. Following the interviews, the firms were ranked in the following order: 1 St CPH 2 nd Applied Technology & Management (ATM) 3 rd HDR 4 th Genesis Group Although CPH was ranked lowest in the written proposal, their presentation to Staff showed the most preparation for the actual study and a great deal of enthusiasm for the project. Their Project Team includes HHI Land Planners (from Orlando) with significant experience in passive parks including intracoastal waterway Blueways master planning. The CPH team provided significant examples of recent project experience that were actually similar to this project. BUDGET: Funding for the Intracoastal Waterways Parks Master Plan in the amount of $25,000 is included in current year budget - Park Division Account 001- 6020- 572 -6300. RECOMMENDATION: Authorize staff to begin negotiations with the top- ranked firm for consulting services for the Intracoastal Waterways Parks Master Plan. ATTACHMENTS: 1. Evaluation of Proposals Rating Sheet (Proposals are on file at the City Clerk's Office) REVIEWED BY CITY 1 L4 4 w • ZAN � Am! mow a F I�. !tik�y IL �r a F I�. !tik�y IL �r AGENDA ITEM # 8H MAY 23, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Tideviews Boardwalk/Dock Extension Bids DATE: May 13, 2011 SUBMITTED BY: David E. Thomps`bn; Asst. City Manager BACKGROUND: In 2009, the City Commission authorized staff to seek grant funding from the Florida Inland Navigation District (FIND) to enhance the Tideviews Preserve by extending the boardwalk/dock, and by adding a kayak/canoe launch/landing. An application was submitted and subsequently approved by FIND for designing, engineering, and permitting these additional amenities. The design cost was $61,535.20, and FIND committed to reimbursing 50% of the design costs (after a construction contract is awarded). After the appropriate selection processes, Bowen Civil Engineering (BCE) was selected to provide the designing, engineering, and permitting services for this project. Based on estimates from BCE, an application for $193,580 was submitted to FIND in 2010 for the construction costs for building the designated features and structures. The application was approved by FIND for 50% of the total construction costs. On March 30, 2011, bids were advertised for the construction of the boardwalk extension and kayak/canoe launch/landing. On May 4, 2011, eight (8) bids were received for the project, and the lowest bid was $257,670. This exceeded the budget by $64,090. The average bid was $324,025 which was $130,445 over budget. Based on the information above, staff is seeking guidance from the City Commission relative to proceeding with this project. BUDGET: In the past, the City Commission has indicated that Convention Development Tax revenue would be utilized to fund this project. No General Fund money was allocated for this project. If the City Commission approves the award of the bid to the lowest bidder for $257,670, then FIND will provide $96,790 for the construction costs. The current balance in the budget for this project is $186,569. This means that approximately $72,000 must be added to the present budget to award the bid to the lowest bidder. Although the present Convention Development Tax fund does not have sufficient funding to cover this balance, it is acceptable to borrow from the General Fund, and then reimburse the funding to the General Fund next year when the Convention Development Tax funds are replenished. AGENDA ITEM # 8H MAY 23, 2011 Other Considerations: 1. It is likely that rebidding this project in the future will result in higher prices. The lowest bid was $52,271 lower than the nearest competitive bid, and it was $130,445 less than the average bid. If we competitively bid this project in the near future, we may not be fortunate enough to receive such a low price from a vendor. Additionally, the present economic climate has kept construction prices at low levels. If this project is delayed for a year or longer, then the construction prices are likely to rise. 2. Convention Development Tax funding is intended for a specific purpose. Although it has been suggested that Convention Development Tax money could be utilized for other park projects, there are limitations as to the use of this funding. Specifically, this funding is intended to be used for projects that encourage tourism i.e. visitors from outside of Duval County and the State of Florida.. The Atlantic Beach parks and marshes on the Intra - Coastal Waterway are part of a larger system of paddling trails that encourage tourism. Utilizing Convention Development Tax funding for Tideviews, Dutton Island, and Riverbranch preserves has a clear nexus to tourism in the community. If this project is postponed or cancelled, then the funding cannot simply be reallocated to any other project in an Atlantic Beach park. The City would still be obligated to dedicate the funding to a project that is clearly connected to promoting tourism. 3. Presently, FIND has authorized a reimbursement of $30,767 for the costs of design, engineering, and permitting. This reimbursement to the Convention Development Tax fund will be available as soon as the City authorizes a contract for construction. RECOMMENDATIONS: To award the bid for construction to the lowest bidder, (J.D. James, Inc. for $257,670), and to authorize the transfer of $72,000 from the General Fund to the Tideviews project budget to cover the cost of construction, with the direction to reimburse the General Fund from the Convention Development Tax Fund when the funding is available to do so (See Budget Amendment in this agenda). ATTACHMENTS: Bid Tabulations REVIEWED BY CITY MANAGER• AGEN ITEM NUMBER: 1 q , 1 1�7 VA - P411111 � � II � � I I ®r �. " �� I 19 i-M r' I I� -�� II i� I� I I II �., � � � I � I �� ~ � 14 1, • �� ' � w L � 1 �� I Ai XV �11 I Oil I I I � � R r� -: , � '; � ill • � �� +�_ �� I I �� I ,�.1. s ,a en � 'a (.II - fir' `�i 'j pill 'j AGENDA ITEM # 9A MAY 23, 2011 May 16, 2011 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim H11, City Manager SUBJECT: City Mana is Report Notice of Suit The City has received a written notice of an intent to sue from a lawyer for the owner of a house at 31 17"' Street in Atlantic Beach. It alleges that the City's Building Department failed to stop a contractor from doing work on a house without a building permit, without being incompliance with applicable codes, and without inspections. The owner claims to have suffered damages in excess of $100,000. This information has been turned over to the City's insurance carrier for investigation. Emergency Sewer Repair During the City's recent sewer rehabilitation project in the Selva Marina area, staff found several areas where point repairs were necessary. Most of the sewer lines in this area were installed in the 1950s.Two critical point repairs required a large emergency purchase orders to the City's annual contractor. The first was an improperly constructed connection at the Selva Marina lift station wet well. This connection was coming apart, allowing excess water and dirt to enter the station. It was in imminent danger of collapsing, which would have shut off all flow to the lift station. The cost of this repair was $22,400. This first repair was previously reported to the Commission. While completing the repair, it appeared that there was a hole in the top of the pipe coming into the lift station. Staff approved $5,000 in additional funds for the contractor to attempt to install a liner to repair the hole in the pipe near the wet well. During the attempt to install the liner, it became evident that instead of the hole near the wet well, the entire top of the sewer main from the wet well to the manhole was deteriorated and starting to cave in. The contractor was directed to begin bypass pumping around the lift station, as no flow could get through the pipe and into the station. The cost of this line replacement was unusually high because of the depth of the line (18 -20') and by having several Bellsouth conduits over it. Bypass pumping and dewatering to the area added to the repair cost. The cost to replace the sewer main was estimated at $50,000, which was added to the earlier emergency purchase orders for a total of $77,400. Funds are available to pay for this repair in the sewer budget. This is being reported to the City Commission because it exceeds the limit for City Manager approval of normal purchases. Pension Reform Pension reform is one of the City Commission's top strategic goals for the year. This report is to let you know the status of legislation in Tallahassee. In the final days of the 2011 legislative AGENDA ITEM # 9A MAY 23, 2011 session, a joint conference bill was approved by both Houses dealing with pension reform for local police and fire plans. It awaits the Governor's signature. The bill falls considerably short (in my opinion) of being the "significant" pension reform that was articulated by the Governor and the House leadership before the session began. Essentially, only two substantial measures were included in this bill to ease the burden of State mandates on Florida cities. The first is that a cap of 300 hours of overtime per year can be used for pension calculation purposes. While there is no cap on the number of overtime hours that can be used for calculations in Atlantic Beach, it has not been a problem in our community. However, in other cities, police and fire employees, anticipating upcoming retirements, have been known to "spike" their hours by volunteering for as much overtime as possible just before retirement. The second provision helping cities is the elimination of the requirement that pension benefits be increased whenever member contributions are increased. This was the provision that Atlantic Beach officials testified about on several occasions. There is one other provision of interest in this bill that requires the Financial Accounting Standards Board to get actuarial reports from all cities and counties showing the value of the Defined Benefit Plans accrued, vested, non - vested and total benefits. The interesting part of this is that it requires local governments to calculate and report these figures based upon an estimated rate of return being used by the Florida Retirement System which is currently 7.75 %. The Atlantic Beach Pension Boards chose to retain the actuarial assumption of an 8.0% when they recently considered various amendments. While Atlantic Beach will not need to change contributions to the plan based upon the new rule, it will require that additional work be put into the actuarial reports to calculate the different rate of return required by the State. Once the Governor has taken action on this bill, it will be reported to the City Commission.