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6-13-11 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING June 13,2011- 6:00 PM AGENDA Call to order Invocation and pledge to the flag 1. Approve the minutes of the Regular Commission Meeting of May 23, 2011. 2. Courtesy of Floor to Visitors 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 Monthly Building Department Report and Utility Sales Report for May 2011 and List of New Business Tax Receipts issued in May 2011. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 11 -22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH RENAMING MANDALAY PARK IN ATLANTIC BEACH "WATERS PARK" IN MEMORY OF J. DEZMOND WATERS, III B. RESOLUTION NO. 11 -23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AFFIRMATIVELY CONSIDER AND GRANT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PETITION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE NEEDED IN ONLY FLORIDA; REPEAL FEDERALLY - PROMUGATED NUMERIC NUTRIENT CRITERIA FOR FLORIDA; DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 7. Action on Ordinances A. Ordinance No. 20 -11 -110, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF 1 ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. g. Miscellaneous Business A. Request from Beaches Habitat for Relief of Lien on Dutton Island Road Property. (City Manager) B Approval of design for Veterans Park Chaplains Memorial Garden. (City Manager) C. Approve contractor for Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Grant (Bid No. 1011 -07). (City Manager) D. Intracoastal Waterways Master Plan Scope & Fees Approval. (City Manager) E. Police Department Report- 1 St Quarter, 2011. (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, June 10, 2011. 2 MINUTES REGULAR CITY COMMISSION MEETING May 23, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem 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 Daugherty 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 May 9, 2011. Motion: Approve the minutes of the Regular Commission Meeting of May 9, 2011, as written. Moved by Fletcher, Seconded by Daugherty. Commissioner Woods stated she believes the comments by Lyman Fletcher needed to be changed to more accurately reflect the comment he was making as she had proposed in the email given to each Commissioner. Mayor Borno reminded her that his comments were part of the quasi judicial hearing and were recorded verbatim by the court reporter in its entirety in the record. He stated he agrees with the summarization in the minutes and knows there have been exchanges back and forth about how difficult it was to pick up his comments and be able to get it fully accurate. Commissioner Woods stated she wanted to make a motion to amend what is in the minutes on his comments so his concept of what he was trying to get across is more accurately reflected. Motion: Amend minutes to reflect changes to comments by Lyman Fletcher as proposed. Moved by Woods, Seconded by Daugherty Commissioner Daugherty asked what exactly she wanted to add, was it the underlined section they were given. Commissioner Woods stated yes. She further stated the top half was the verbatim transcript and the yellow highlighted was the meat of what he was saying, which is reflected in the underlined statement at the bottom (which is attached and made part of this Official Record as Attachment A). Commissioner Fletcher asked whose interpretation was the underlined, the clerk's or Commissioner Woods' interpretation. Commissioner Woods stated it isn't really an interpretation; it's pretty much what is highlighted in yellow. She stated she wrote it. Votes: Aye: 3 — Parsons, Woods, Daugherty Nay: 2 — Borno, Fletcher MOTION CARRIED May 23, 2011 REGULAR COMMISSION MEETING Page 2 Commissioners Fletcher and Daugherty changed their original motion to approve the minutes, as amended. Votes: Aye: 5 — Borno, Fletcher, Parsons, Woods, Daugherty Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. A. Proclamation- Neurofibromatosis Awareness Month Mayor Borno asked if anyone was present from the Neurofibromatosis group. There being none present he stated he signed a Proclamation, effective today, for that group recognizing that ailment, which is a debilitating disease particularly related to young children. This Proclamation proclaims the month of May as National Neurofibromatosis Awareness Month. Mardie Le Bouton, 774 Aquatic Drive, addressed the Commission regarding trash (which she brought in to the meeting) that is piling up at the pond in her neighborhood. She also stated there are people climbing the fence around the pond. She asked if the City could install a garbage can. Mayor Borno stated they would have staff get back to her. Dennis Stone, 1620 Park Terrace West, addressed the Commission regarding Johansen Park. He stated there is great concern in his neighborhood about this issue and stated he has additional petitions he will leave with the City Clerk. He stated his biggest concern is in the way this has been approached and believes there should be a plan for the use of the parks in the City rather than doing things ad hoc. Rae Brady, 1636 Sea Oats Drive, spoke against putting the Frisbee golf in Johansen Park, stating this is people's front yards. She stated Johansen Park is being used a lot as it is, giving several examples. She stated the park is an eco and neighbor - friendly stormwater drainage situation. She further referenced a book, Last Child in the Woods which talks about how natural areas are important to our children, stating the book is well researched. Sally Clemens, 1638 Park Terrace West, stated there was no mention of Johansen Park in this year's strategic planning or this year's budget. She stated with so much money needed for our commitment to Tideviews Boardwalk and extension, she highly recommended that Johansen Park remain a quiet nature preserve. She stated the City Manager researched the park dedication documents in his follow -up report. She asked if there was any discussion of these parcels of land given to Atlantic Beach in the minutes of the 1957 Commission meeting, stating she would like to know a little bit more. She further stated, as they get older, those in the back of the Chamber are losing May 23, 2011 REGULAR COMMISSION MEETING Page 3 their hearing and asked that the Commissioners speak into their microphones, because when they turn their heads they don't hear them as well. Donald Ames, 1614 Park Terrace West, asked the Commission to help preserve the quality of life in Atlantic Beach by not putting a Frisbee golf course in Johansen Park. He stated a Frisbee golf course in Johansen Park will not add to the value of his home nor will it enhance real estate values in the immediate area. He stated he believes it will adversely affect the property value in that area and also alter what is right now a very natural, beautiful, tranquil area. He stated he believes they need to encourage more dialogue within the community and believes there are some bright, intelligent, creative people in this community who are willing to participate in government and share ideas they may have about how to utilize, not only Johansen Park, but a lot of other issues the Commission is dealing with. He further suggested the City put some additional benches in Johansen Park so people can sit, as well as a few more bridges or crosswalks over the ditch. He also suggested they label the trees and identify some of the wildlife in the area which would provide an educational environment. He stated for 54 years this Commission has taken a stand to preserve the natural beauty of that area and encouraged the Commission to do the same and vote no on a Frisbee golf course in Johansen Park. Noah Stone, 1620 Park Terrace West, stated he wholeheartedly agrees about everything that was said regarding not putting a Frisbee golf course in Johansen Park. He stated many people use this park and he does not believe a Frisbee golf course will make it any more used than having a natural, enjoyable preserve in the park. He stated if they are spending money on doing this, he believes there are other ways to spend this money, such as a shower at the 15 Street Beach Access or a volleyball net on the beach, as suggested in the petition presented to the City Clerk at the last meeting. No one else from the audience spoke so Mayor Bomo closed the Courtesy of the Floor to Visitors. B. Report of Transportation Improvement Program by North Florida TPO Denise Bunnewith, TPO, 1022 Prudential Drive, gave copies of her presentation to the Commission. She explained the projects at the beaches in the Transportation Improvement Program for fiscal years 2011/2012 — 2015/2016 including Beach Blvd. from Hodges to San Pablo; Butler Blvd from Hodges to the West and East bound off ramps - traffic operations project; AIA from 34 to Atlantic Blvd./Mayport Road; AIA from Marsh Landing to 34 Avenue; and AIA from Atlantic Blvd./Mayport Rd to Wonderwood - ITS surveillance system construction. Ms. Bunnewith answered questions from the Commission and explained the blue toad technology. Mr. Hanson stated he understands we are going to get a feed for the local signals in our City at our dispatch center. He stated, on times like the 4 th of July when they now have to have an officer at all the signals to get people off the beach, this system could handle all of that without having to divert police officers from other valuable duties at a very busy time. May 23, 2011 REGULAR COMMISSION MEETING Page 4 Mayor Bomo stated he sits on the TPO and he believes the beauty of this is the ITS system for traffic flow. Ms. Bunnewith agreed stating ITS lets them tweak what they have and make things better, i.e. clearing accidents more quickly, improving evacuation times, etc. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow -up Report. Meeting Mr. Hanson responded to the comments made regarding the deed restrictions at Johansen Park stating the park was conveyed to the City in four separate parcels, three of the four contain identical language stating the tract shall be used for a park and beautification purposes, but it doesn't say anything about passive parks. He stated the fourth parcel was dedicated to the City without any reservation to the City at all. He summarized it is to be used for a park, it could be an active or passive park, there are no restrictions. He explained some people have made reference to the website description that it is a passive park, which is there for people who want to see what is in our parks, it doesn't govern what the Commission can use the park for. He stated if the Commission wanted to do something differently, we would change the description accordingly. He further stated the parcel is a flood plain and most of it is too low to build houses on, which he believes is why it was dedicated to the City. He further followed up on the complaint about the house at 61 Ardella Road stating Code Enforcement had already been out there and it had already been before the Code Board once and was scheduled to be back in front of the Code Board the next night after the last City Commission meeting. He stated when it went before the Board it was determined that all the items had been corrected. He stated they were assessed a $500 fine plus administrative fees and it is in compliance at this time. Mr. Hanson also stated the lien on the Habitat property was deferred from a previous meeting to tonight's meeting, however, it did not show up on the agenda tonight because he did not receive any information back on this issue from the attorneys until late last week, after the agenda came out. He stated he will have this item ready for the next meeting on June 13. 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 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. May 23 2011 REGULAR COMMISSION MEETING Page 5 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. Mayor Borno read the Consent Agenda. Commissioner Daugherty asked to pull item B. Motion: Approve Consent Agenda Item A as read. Moved by Fletcher, Seconded by Woods. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Daugherty asked if there was any negotiation with the company to get a lower price. Mr. Carper stated there were no negotiations since they just bid this out last year. He stated he did not believe they would save any money rebidding it. Mayor Borno asked if the contract had any renewals. Mr. Carper stated this will be the first and they can have one more. Commissioner Daugherty asked if we receive any funds from the Town Center Association for the Town Center portion. Mr. Carper stated they do not; they split the cost with Neptune Beach for the trees on their side. Mayor Borno asked if we split with Neptune Beach on Atlantic Blvd. Mr. Carper stated no, we have the contract with FDOT for those medians. He stated Neptune Beach does pay for their side of the flyover, which is a separate contract. Commissioner Daugherty asked if we are reimbursed by FDOT for the maintenance of the medians. Mr. Carper stated FDOT reimburses the City for maintaining medians; they do not reimburse us at our cost because it was at the City's request that the landscape medians were installed as part of a Greenscape project for Atlantic Blvd. He stated Atlantic Beach and the City of Jacksonville participated in putting the landscape medians on Mayport Road so we pay the cost for the landscape there. He stated they do reimburse us on a certain per linear foot of right -of -way for maintenance of the right -of -way but no additional funds for maintaining the landscaping. Commissioner Daugherty asked why Neptune Beach hasn't split the cost with us because the beautification helps both cities. Mr. Carper stated, it was before his time, but when the medians were put in, it was an agreement between the City of Atlantic Beach, Greenscape, FDOT and Jacksonville. He stated he would have to research why Neptune Beach was not included. Mayor Borno stated he recalls that Neptune Beach opted out of it if we were willing to take the lead for Atlantic Blvd. Commissioner Woods stated perhaps Commissioner Daugherty could look at the contract and see if he thinks it could be renegotiated. Mr. Hanson stated the contract with FDOT is a mow and go level of maintenance and if the local agency wants to do more, normally, the philosophy is the additional cost would be paid by the agency. He stated, consequently, we pay the total maintenance cost and FDOT gives us what they think their cost would be to mow and go. Commissioner Daugherty stated as far as this contract goes, if Mr. Carper didn't think we could save money by going out for additional bids, that is fine. He stated what he has a problem with is the fact that we are ponying up the dough for Atlantic May 23 2011 REGULAR COMMISSION MEETING Page 6 Blvd. and Neptune Beach isn't paying their fair share. Mayor Borno stated he will put that on his list for the next time he meets with them. Motion: Approve Consent Agenda Item B as read. Moved by Fletcher, Seconded by Daugherty. 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 Item 8H was taken out of sequence and acted on at this time. Mayor Borno stated he moved this item up because the decision on this bid will impact the action on the Budget Amendment, Item 7A. 8H. Tideviews Boardwalk/Dock Extension Bids. Assistant City Manager David Thompson gave the historical background of the project, stating the lowest bid for construction was higher than previously estimated, exceeding the budget by approximately $64,000. He stated they discussed this with Bowen Civil Engineering who explained the length of the pylons, redesign, etc. drove the cost up over what was anticipated. He stated it is now up to the City Commission to decide whether to proceed with this project and award a construction contract. He stated they have used Convention Development Tax funding in the past for this and have not used any General Fund money. He explained the Convention Development Tax money is one of the most restricted revenue sources we have in the City. He stated that money cannot be used to pay salaries, pensions, reduce water bills, etc. He stated it can only be used for a project that encourages tourism. He stated if the Commission chooses to proceed with this project, they will need to put approximately $72,000 in this project so it can be built. He stated that can be moved from the General Fund now and then reimburse that from Convention Development Tax money. Motion: To award the bid for const ruction 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. Moved by Fletcher, Seconded by Woods. Commissioner Parsons stated he doesn't like the idea of borrowing money from the General Fund. He asked what we are going to get from the bed tax next year. Mr. Mav 23. 2011 REGULAR COMM ISSION MEETING Page 7 Thompson stated we receive approximately $65,000 /year from bed tax money. He stated, however, as soon as we sign the construction contract for this we will seek the reimbursement of the $31,000 from the Florida Inland Navigation District (FIND) for the design work, which we plan to receive this fiscal year. He stated next year it should be approximately $65,000, so about half way through the year we should have the General Fund reimbursement. Commissioner Parsons stated he doesn't have any problem with the $72,000, he just wants to make it known that he is not a big advocate of borrowing from our General Fund and doesn't want to get in the habit of doing it. Mayor Borno stated it is scary and would be terrible if we weren't very consistent, but we always have been, in getting it paid back. Commissioner Woods stated we are bound to use this money for tourism development and are talking about this project being good for ecotourism. She asked how the City promotes our ecotourism so we see the benefits locally. Mr. Thompson stated as we develop the Master Plan for that whole area we will see more but currently we use our website, the paddling trails and getting the word out to the outfitters. Commissioner Woods asked if we are allowed to use these funds to promote all of these new facilities. Mr. Thompson stated he is not sure about it being used for advertising. Mr. Hanson stated he believes we can because we were funding the $15,000 /year to the Chamber of Commerce for their use in advertising tourism. Commissioner Parsons stated he has done a lot of research on this for the statue and you can advertise in print, magazines, television, etc. to promote your city for tourism. Discussion ensued. Commissioner Daugherty stated perhaps in the future we could get into a partnership with Jacksonville or the State to help this realize its full potential and educate more people about the marshes. Mayor Borno asked if the depth of the pylons resulted from when our permit applications were put together. Randy Downing, engineer with Bowen Civil Engineering, stated when they first did the estimate it was site unseen and they didn't know what the geotechnical report would yield. He stated they discovered it was pretty deep muck out there and the result was that deeper pylons were required than anticipated. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED 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. Mayor Borno read Ordinance No. 20 -11 -110 by title. Motion: Approve Ordinance No. 20 -11 -110 as read. Moved by Fletcher, Seconded by Parsons May 23 2011 REGULAR COMMISSION MEETING P age 8 Mayor Borno stated they need to amend this to delete the Community Development Block Grant. Mr. Thompson explained a mistake was made when they sent the letter that said they were going to reduce our allocation for CDBG funding by $18,517. They realized the reduction in funding would not take place until next year. Motion: Amend motion to delete reference to the Community Development Block Grant fund. Moved by Fletcher, Seconded by Daugherty Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the original motion, as amended. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Approval of location of Fleet Landing Sign. Sonya Doerr explained the sign ordinance that led up to Fleet Landing changing their sign and summarized her staff report stating they are retroactively bringing this to the Commission for their approval. Bill Deem, 2341 Fiddlers Lane, counsel representing The Pantry Inc., owner of the Kangaroo store, stated they have found no middle ground. He distributed a presentation to the Commission. Mr. Deem presented his client's position, stating the Commission should do what is right. He discussed the new placement of the Fleet Landing sign which obscures the sign for the Kangaroo store. He further stated Fleet Landing is not a retail business and they do not need to attract customers off of Mayport Road. He further cited several sections from the code regarding signage, stating Fleet Landing's sign does not conform to code. Commissioner Parsons asked Mr. Deem if the Kangaroo sign blocked the original Fleet Landing sign before it was moved. Mr. Deem stated, no, they were side by side. Commissioner Parsons asked how business has been since that sign has been up. Mr. Deem stated he did not have the answer to that but could get it, if needed. Commissioner Parsons stated that was not necessary, they have already had six weeks to work on it. Josh Ashby, One Fleet Landing Blvd., stated they moved the sign farther west to improve their visibility because it is an important navigational aid for older adults who May 23 2011 REGULAR COMMISSION MEETING Page 9 have vision impairments. He requested the Commission approve the staffs recommendation and retroactively approve the location of the Fleet Landing sign. Motion: Approve existing location of new Fleet Landing entrance sign replaced pursuant to Section 1117 14 (5) of the Sign Regulations requiring non - conforming signs to be brought into compliance by September 9, 2012. Moved by Fletcher, Seconded by Parsons. Commissioner Fletcher asked if this sign conforms to code. Ms. Doerr explained it complies with the 8 foot size and location but they have never made anyone comply with the Welcome to Atlantic Beach style. She further stated this was a sign permit, there was not a public notice requirement as Mr. Deem requested. Commissioner Woods asked Ms. Doerr about her comment that they have never held anyone to the Atlantic Beach signage design. She asked how many signs have been approved to be put in the right -of -way since they redid the sign ordinance. Ms. Doerr stated there are Selva Lakes and Selva Linkside, stating they just added the provision that they have to be approved by the Commission, which she believes was done in response to Selva Linkside. Mr. Hanson stated there are quite a number of signs in the right -of -way that go back to a time before they required Commission approval. Commissioner Woods stated the question was since we redid the code and the code said if you are going to put a sign in the right -of -way it needs to look like our Atlantic Beach signs. She asked how many signs have been approved to be put in the right -of- way since this code change. Ms. Doerr stated Selva Norte has this type of sign. Commissioner Parsons stated they are almost identical to what the Atlantic Beach sign looks like. Ms. Doerr stated she doesn't believe they were trying to say everybody had to have a sign that looks like the Atlantic Beach sign, it was just this monument sign look and externally illuminated. Commissioner Woods stated she believes the language is pretty clear. She asked about Fleet Landing having two signs, one at their gate and the one in the right -of -way and whether the code allows for more than one sign. Ms. Doerr stated that is a different kind of sign, they can have a free standing sign at each entrance and can also have a fascia sign. Commissioner Woods asked Ms. Doerr to show her where that was in the code, which she did. Discussion ensued related to PUDs and residential zoning and signage. Commissioner Woods stated the Fleet Landing sign does not look anything like the Atlantic Beach sign in any way, fashion or form. She stated Fleet Landing is great for this community and she does not want them to think she is picking on them, but she believes we have created another hardship for ourselves because we have conflicting codes going on. She stated she believes it is very unfortunate and it was obvious when the permitting was going on that the Kangaroo sign would be completely blocked and believes it should have been addressed at the time. Ms. Doerr stated it is not our responsibility to provide clear unobstructed visibility for commercial signs. Commissioner Woods stated it is our responsibility to go by our codes and this sign does not look anything like what is required in the code and she believes it should have been brought up in the permitting process. Ms. Doerr stated we were forcing them, by other requirements, to put in a new sign and she does not know that we would want a lot of signs looking just like our Welcome to Atlantic Beach signs. Discussion ensued. City Attorney clarified that the language about the signs complementing and conforming to the Welcome to Atlantic Beach sign references signs in residential districts and signs at the entrance to parks Mav 23. 2011 REGULAR COMMISSIO MEETING Page 10 and other public buildings and places. He stated under 17 -39, Commercial Signs, there is nothing about the sign having to look like the Welcome to Atlantic Beach sign and believes that is what we are dealing with here. He stated this sign is obviously in a commercial location. He stated the PUD doesn't start on Mayport Road, it doesn't start until you get over the bridge, or at the bridge, as he understands it. He stated under 17 -42 (13) private signs on any public property other than specifically approved by the City Commission are the signs that are prohibited. He stated this sign is a private sign on public property and it has to be permitted by the Commission. He stated the sign is in a commercially zoned piece of property advertising a residential area located within a PUD and the sign is not within the PUD. Commissioner Fletcher asked if he was saying that the commercial sign guidelines apply, which means this doesn't apply. Mr. Jensen stated that was correct, there is nothing within 17 -39 that has that same language. Commissioner Daugherty stated, to him, what the sign looks like really isn't the issue. He stated he has to look at this as if it was coming across for the first time and that sign isn't there yet. He stated the reason these things have to come before the Commission is to give people notice and a chance to respond. He stated that is why he is going to be voting against this. He stated the easy thing to do, to protect ourselves and say yes we are following all the legal things, is to approve it and be done with it, but what he is looking at is if this was coming up for the first time and he had to look at it and say is it right to allow this. He stated Fleet Landing doesn't own the property and the gas station pays a premium for their property frontage on Mayport Road and therefore bought the right to advertise on Mayport Road. He stated, as valuable as Fleet Landing is to our community they don't own any property at that location on Mayport Road. He stated looking at the site plan for Kangaroo there is no place to move their sign. He stated if this was coming up for the first time and the gas station said please don't put this in front of our sign because it going to adversely affect our business, would he approve it. He stated the answer was no. Commissioner Fletcher stated if we heard this brand new today he does not believe they would be allowed to consider a neighbor fussing, because it is not their job to provide sightlines in the way they approve signs. He stated Fleet Landing first put up their sign 10 -15 years ago, and since then the Kangaroo sign has obstructed that coming from the north and now the Walgreens sign obstructs them coming from the south. He stated they are looking to rectify that and he doesn't believe the Commission should be in the position to referee. He stated there is no legal reason not to approve the sign and he doesn't weigh a lot of input from a non - conforming sign from the Kangaroo complaining about the sightline. He stated every time something gets built, somebody's sightline gets affected, so he is inclined to support it. Commissioner Parsons stated we don't look at things like what if, this is what it is and he believes they have the right to have their sign where it is and Kangaroo will have to take down their sign in less than a year and a half anyway. Mayor Borno asked if grandfathering comes into this at all. Ms. Doerr stated if you were considering this location right now for the first time, you would have a hard time telling Fleet Landing they can't put their sign three feet away from where their old sign was. She stated it meets the setback requirement now and the old sign did not; it meets May 23 2011 REGULAR COMMISSION MEETING Page 11 the 8 foot height limit and size requirements. She further stated she does not believe it was ever the intent in the sign discussions that every commercial monument sign or free standing sign look like the Welcome to Atlantic Beach signs, although they talked about it for parks, subdivisions, but she does not recall discussions about commercial signs. Commissioner Woods stated this is a residential sign. Commissioner Parsons added that Fleet Landing is not a total residential area, it also has a nursing home and does have commercial usage in there. Commissioner Woods asked how much the sign cost to put there and what it would cost to move it. Mr. Ashby stated it was $20,000 to put the sign in. He stated there would be no visibility if it was moved back. Votes: Aye: 3 — Borno, Fletcher, Parsons Nay: 2 — Daugherty, Woods MOTION CARRIED B. Approval of Final Order on Wolfson appeal. City Attorney Jensen stated, as explained at the previous meeting, this had to be reduced to a written order setting forth the findings of fact and conclusion of law based on what was heard and the record presented to Community Development Board, which is what this order attempts to reflect. Commissioner Parsons explained there was a lot of confusion after an article in the paper, which misled a lot of people, stated we were doing the variance and that was what we were asked to do as a Commission. He stated that was not what we were asked to do. He clarified what the Commission was asked to do was to determine whether procedural due process was afforded, whether the CDB applied the correct law, and whether the findings of the CDB are supported by competent substantial evidence. He asked that the press correct that because what was published was wrong. Motion: Approve Order Affirming Decision of Community Development Board, as submitted. Moved by Parsons, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 1— Woods MOTION CARRIED C. Possible Naming of a Park in Honor of Commissioner Dezmond Waters. Mayor Borno stated this was brought up at the time Commissioner Waters passed away with the thought that it was something we might like to consider doing. He stated he met with Commissioner Waters' family and they like the idea. He stated they could either leave the area known as Mandalay Park and put below it, in memory of Commissioner Dezmond Waters, III or they could rename the park as the Commissioner Dezmond Waters Memorial Park. May 23 2011 REGULAR COMMISSION MEETING Page 12 Commissioner Parsons explained the background and naming of Mandalay Park. He stated he would like to see the name changed to Dezmond Waters Park. Motion: Rename Mandalay Park to Dezmond Waters Park. Moved by Parsons, Seconded by Fletcher. Mr. Hanson stated the park was originally named Mandalay Park through a resolution and if they would like to rename it, he would suggest directing staff to come back with a resolution accomplishing what he just said. Commissioner Parsons withdrew his motion. Commissioner Fletcher withdrew his second. The consensus was to direct staff to prepare a resolution to rename Mandalay Park to Waters Park, in memory of Commissioner Dezmond Waters. D. Mutual Aid Agreement with Jacksonville, Neptune Beach and Jacksonville Beach. Mr. Thompson explained the Mutual Aid Agreement and stated staff is asking that the Commission approve the renewal of the agreement. Mr. Jensen explained there is a judge who is writing an order on a specific case and he had some questions/concerns about a specific provision of the agreement. He does not know what his concerns are yet and would suggest that the Commission go ahead and approve this since it still has to make its rounds to the other cities as well. He stated if there is something that comes out from the judge's order that we need to look at, we can always come back and make an amendment to this agreement. Motion: Approve Mutual Aid Agreement and authorize the City Manager and Chief of Police to sign it. Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED E. Approving use of Police Forfeiture Funds. Lieutenant David Cameron explained staff is requesting approval of using $2,000 in forfeiture funds for the purchase of equipment for the Crime Suppression Program. He summarized the staff report stating they are requesting that these funds be used to purchase cameras and video equipment for undercover usage. Motion: Approve spending $2,000 of forfeiture funds for equipment purchases as described. Moved by Woods, Seconded by Fletcher. May 23, 2011 REGULAR COMMISSION MEETING Page 13 Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED F. Rehabilitation of Well No. 1 at Water Plant No. 1. Donna Kaluzniak explained this well was built in 1953 and the yield from the well has decreased dramatically over the past couple of years. It was recommended that they replaced the well in 2008. She stated JEA has been rehabilitating several of their wells and have had good success with increasing the yield and getting a lot more use from the wells, instead of replacing them. She stated this is piggybacking on an existing contract with JEA and we have been given a quote from their contractor based on their unit pricing and hourly rates, etc. She stated staff is requesting approval from the Commission to do this rehabilitation of our well. Motion: Authorize Williams Industrial Services, LLC to complete the Rehabilitation of Well No. I at Water Plant No. I in an amount not to exceed $39,999.29 and authorize the City Manager to sign the contract. Moved by Woods, Seconded by Daugherty. Mayor Borno asked if there is an estimate of how long the project will take. Ms. Kaluzniak stated she believes it will be about a month but will have to schedule it through Williams. She stated this is a chemical rehabilitation. Commissioner Woods asked how staff expects our water supply to be impacted. Ms. Kaluzniak stated it will improve our water supply. She stated that well is designed for about 1500 gallons /minute production and it is down to less than 700 gallons /minute. She stated this rehabilitation will bring us back up to where we need to be on this well. Mayor Borno asked if there are other wells that may be considered for this in the future. Ms. Kaluzniak stated we have six large wells and two small wells and all were noted in the master plan to be either rehabilitated or replaced as deemed necessary. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED G. Award Intracoastal Waterways Parks Master Plan RFP #11 -03. Mr. Carper explained staff reviewed RFP responses from ten consultants then chose the top four for oral interviews. Staff is recommending the contract be awarded to CPH for a $25,000 master plan focused solely on Tideviews, Riverbranch and Dutton Island Preserve with the goal to improve accessibility and use of the marshes. He further stated they will be augmenting a lot of the study using staff time, in particular Erika with her GIS skills and staff support from the Parks division. Mav 23. 2011 REGULAR COMMISSION MEETING Page 14 Motion: Authorize staff to begin negotiations with the top ranked firm for consulting services for the Intracoastal Waterways Parks Master Plan. Moved by Woods, Seconded by Fletcher. Commissioner Woods expressed concern regarding the scoring on the references for CPH. Mr. Carper explained the number and quality of people they brought up for the interview along with their presentation and level of enthusiasm were excellent and their references were all in the very good to excellent category. Commissioner Daugherty stated his only concern was that so many of the people came from Orlando and asked if we want someone from Orlando planning a park here who doesn't have the ability to go out and look at things. Mr. Carper stated four of the seven people with CPH are from Jacksonville. He further explained the scoring. Discussion ensued. Commissioner Daugherty stated Applied Technology & Management (ATM) was at the Florida League of Cities meeting and he spoke with them about their proposal. He stated he likes having a local firm and they were number two in the scoring. He stated his concern is that CPH went from fourth to first just based on a flashy presentation and would like to see us talk to ATM first. Mr. Carper pointed out that ATM's park experience is actually from a subcontractor from St. Augustine, not an in -house ATM employee. Commissioner Woods asked about HDR. Mr. Carper stated HDR's team is two people and both are in Jacksonville. Commissioner Daugherty stated he would like to see ATM or HDR moved to the top of the list. Mayor Borno explained what they are doing is authorizing staff to negotiate with top ranked firm and if that falls apart it will go to number two, etc. Commissioner Woods stated they could amend the motion and pick another firma Commissioner Daugherty stated he would like to make an amended motion to move CPH to #3, and #s 2 and 3 up to 1 and 2. Amended Motion: Move ranking to ATM to #1, HDR to #2, CPH to #3 Moved by Daugherty, Seconded by Woods Commissioner Fletcher stated he would consider this also, but asked Mr. Carper to defend his choices. Mr. Carper stated Commissioner Daugherty is making the recommendation based on talking to two of the ATM reps, not any of the other teams and not reviewing the proposal or sitting in on the interviews. Mr. Carper stated ATM was a very strong number two. Mayor Borno stated being approached by people like that at meetings is contradictory when we have something on the table that we have to turn around and act on. Mr. Carper agreed stating in the RFP language they state any contact with the Commission before evaluation is grounds for disqualification. Mr. Hanson stated he sat in each one of the interviews, with David Thompson and Sonya Doerr and they all had a consensus after this was completed. He stated in comparing just ATM and CPH, ATM is a local firm but for the expertise in parks and marsh master planning they were bringing in another firm out of St. Augustine. He stated CPH, on the other hand had quite a number of people with different experiences. He stated in reviewing the materials CPH brought, they showed a surprising number of marsh - related parks projects, far more than ATM brought with the person they brought up from St. Augustine. He stated CPH was a whole lot more impressive in terms of what they knew, the people they brought and the expertise they had. He stated, May 23, 2011 REGULAR COMMISSION MEETING Page 15 however, ATM is a good firm and they have worked with them before, but staff has spent a lot of time in interviews and in ranking the firms and CPH was very impressive by the time they were done. Mr. Thompson agreed, stating CPH seemed to be very qualified and experienced and made a better impression than the others. Commissioner Daugherty withdrew his amended motion, Commissioner Woods withdrew her second. Mayor Borno stated it bothers him to hear the event Commissioner Daugherty described that took place at NE Florida League of Cities meeting. He reiterated that is contrary to everything they know that should be seen or done. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED H. Tideviews Boardwalk/Dock Extension Bids. This item was taken out of sequence and acted on earlier in the meeting. City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported on a suit filed against the City, which deals with a house on 17 Street alleging the City's Building Department failed to stop a contractor from doing work on the house without a permit, without being in compliance with applicable codes and without doing inspections. He stated this has been turned over to the insurance company. Reported on an emergency sewer repair on a very deep sewer main on Selva Marina Drive. He stated the repair cost $41,000. Reported on the pension reform package that was adopted by the legislature, stating it is awaiting the Governor's signature. He stated it falls far short of what was proposed at the start of the process. He further discussed state mandates, stating the public has no idea the number of state mandates the local governments are hit with every year that cost the citizens a lot of money to implement. Mayor Borno stated they will begin working on priorities for the Florida League of Cities in the near future and at a future meeting he would like to get a consensus on the Commission's thoughts about what they would like to see put on the table. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Daugherty • Gave a suggestion for the Florida League of Cities to work on related to the requirement of picking an architect first and then negotiating the price. He stated he believes something needs to be done at the State level regarding that. May 23, 2011 REGULAR COMMISSION MEETING Page 16 • Although he still thinks Frisbee golf is a great idea, until he hears a demand from the citizens saying they want a Frisbee golf course, he is no longer going to pursue this. He stated he still believes the City is underutilizing Johansen Park. Commissioner Parsons • Reported the Florida League of Cities dinner was very well attended and very well done. Commissioner Woods • Casa Marina served some of the best grouper she has had in ten years. • Reported on an accident recently where a young lady crossing East Coast Drive on a bicycle was hit by a car and reminded everyone they are responsible for what's happening on the road around them. Mayor Borno • Enjoyed his last eight days in Alaska and is glad to be back. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:52 p.m. Mike Bomo, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk L 46 s • { ' ,,. Y 1 1. !'•-� `• ..Y� ........�� 4 ' � .•�Fi�' �f1�4�.�:�•,�. Y,. - - y.i i'�t� �a•" L;�1 rdl ,I._'aYy e :�. a..,,,T„ry�. �� 1 }}}}�� } � >., r •�Y � 7 • • F �•'.e�r r rij�+r`._�ii #. r . } � `. � � , y;l!' q?Yr, �} � ..� nor: - i^*?' er. ?s - ' �, 'qt � {TY.'� r'r" iJ i' _'�'7`e'' y . - _� � i � : ' 5 � �! 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'{t} ``:; ';-� , f r, 4, , Y,_ �;4 ';• ,n �' 1V�;,gf ; �;� !;- ! ` ' ,. - ,' "''�, �{ •h 5, - ' R ; ^ � 1jf }�' .:' M1 '''- I . r' -. _ r W J { I' # } - «:� _w i': �.. -,- •... •.n �!: -. i _::: , , r 1 �i� ] „�1�"�,�rs_ r.,F.s�yti''L f '�' • .Ji +.•r - , n. �l �•. �.�1 . 1• ll.� �!a + I ` a' S: I 7��4 - Y�ii AGENDA ITEM # 4A JUNE 13, 2011 p p N ti w 0 0co � � ° gz NL7 Z p O O y Z Z H L z 0 0 W W J J�F- d J > J - fA N Q W pp O O J O p J O F N Vc9VZZ Q Q Z +�' J ZW d N ' � p d 10 O Ch wz - —z =000, J N y Qoo z mwa W N N a zQ�� 2 � o O 00000 O o 0 0 o o W ° o ° O ° O ° O ° O . O o ° O O ° a. O6 O r J O G ON BOA C G co W C I C O O ; O o a O OA rl O c°h tG CO) ui N Z r MN tiM OV O O Li �� d' C O � O r N to to Ei, l 00 ER � F• = 1� r r L 0 N N r O = Z O O U Q N � v; Z 64). 64). 69- � to rs rs rs W LU O r 0 0000vi 0 0 0 0 O 0 0 N O O 'd' O N U) O Z Z O O � O C; co O C* C0 N � M le W O co v/ O w N 'dam U) d' (o co N CA M CA e� <O CD Z 0 N p CV 1� N O li /y Z N LL 0 O O O O 0 Lq 0 LgROOOOMO 0 0 0 0 0 0 0 0 000000 0 O 0 M 0 O 0 O 0 0 M O O h LL� L � O le 'd' N POD h W M � V 'ef CO . � M V h CO O O r � h CO h W 'd' Y- h N N h A N a Q O r N QIgg0Qw �tV N MN V rMM V� N M O ' C G 0 64, 61, 61% 61, � � W V r V N 0 av� v W Q a 69� Z N w o N �coI� a J W� � a W N O ONN�NN�NN NetN���� N LL m Oo a LO I- Z Q N J I- O 0 QZ N Z O F- O LLO N 0 Z O� pw N �Q U � W r oz r2 <zal% 0= w Z3:Zwo J O Q JxJ QJQ � OZ�z }u } Q to F. LL III U. 0. z Q wx W w�WW�w��QQm?��CL — ~ _= CL LLI CO) J c)a.2 JO�W = Jpp� O 22W 2 2cU c> >0Z2 LL O Oy p woz p Q�U — z? - L- WJ Z W Z7WOF- ZW WOOO WJW — W W WUW �SLiJ� CL v�p�010 inz�vc�vaW22aWy0Wa00. LLp�cn AGENDA ITEM # 4A JUNE 13, 2011 City of Atlantic Beach, Fl. Utility Sales Report May 2011 M ay r , � . r_ .. , .,r� �Y_ .� �.,..� �� . �. _� Gallons Actual Revenue f Gallons Actual Revenue Water Sales _Accounts 0000 Revenue Per 1,000 gi `l Accounts s 0000 Reve nue Per 1,000 gi �F Atlantic Beach 5,274 44,211 $163,746 $3.701 5,564 41,237 $150,785 $3.66 Buccaneer 2,439 17,338 $90,558 $5.22 2,426 17,577 $84,764 $4.82 Total Water Sales 7,713 61,549 $254,304 $4.131 7,990 58,814 $235,549 $4.00 Gallons Gallons Water Plant Production 0000 0000 3 Atlantic Beach 58,524 58,900 e Buccaneer = 18,273 20,377 Total Production 76,797 j 79,277 MTotal Water Billed Oli Y 61,549 E 58,814 Water Loss for month: 15,248 20,463 4 Percentage Loss 19.85% 25.81% N Total mo. Avg_ Loss In 15.18% 17.73% 3 r Gallons Actual Revenue Gallons Actual Revenue Sewer Sales i a Accounts 0000 Revenue Per 1,000 gi " " Accounts 0000 Revenue Per 1,000 gi 1 Atlantic Beach 5,105 33,324 $245,970 $7.38 f 5,100 33,191 $225,421 $6.79v 3 Buccaneer 2,364 18,290 $174,008 $9.51 2,300 17,357 $156,922 $9.04 Total Sewer Sales 7,469 51,614 $419,977 $8.14 7,400 50,548 $382,344 $7.56 A Gallons Actual Revenue Gallons Actual Revenue � Sewer Treatment 0000 Revenue P 0000 Revenue Per 1,000 gi Atlantic Beach 1 46.905 $245,970 $5.24 46.937 $225,421 $4.80 F Buccaneer 4 18.269 $174,008 $9.52 i 17.050 $156,922 $9.20 Total Sewer Treated 65.174 $419,977 $6.44 F 63.987 $382,344 $5.98 F r AGENDA ITEM # 4A JUNE 13, 2011 PREPARED 6/06/11, 7:45:29 LICENSE ACT.IVITY BY BUSINESS NAME City of Atlantic Beach ALL LICENSES FOR YEAR: 2011 BETWEEN: 05/01/11 TO 05/31/11 PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES ------------------------------------------------------------- - ---------------------- - ------.---- --- --- --- --- -- ---- ----- -- - - -- LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUSINESS ADDRESS BUS PHONE # ---------------------------------------------------------------------------------------------------------------------------- 11- 00007382 BLACK AND STONE USA,INC. 5/18/11 NEW MISCELLANEOUS SALES, OTHER THAN LIST 2225 W OCEANWALK DR 800 - 605 -2515 ATLANTIC BEACH FL 32233 11- 00007381 CREATIVE BUS - SALES, -INC. 5/13/11 NEW AUTO, NEW /USED 58 W 9TH ST ATLANTIC BEACH FL 32233 800 - 373 -214 11- 00007380 ELITE PRINTS & DESIGNS LLC 5/13/11 NEW SCREEN PRINTING 904- 955 -7668 45 W 6TH ST ATLANTIC BEACH FL 32233 11- 00007386 FIRST COAST OUTFITTERS LLC 5/26/11 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 322 ROYAL PALMS DR 904 -502 -7733 ATLANTIC BEACH FL 32233 11- 00004644 GERALD BENNETT & D.J.CHANEY SV 5/13/11 RNW AUTO: SERVICE /REPAIR 904 - 241 -0994 157 A LEVY RD ATLANTIC BEACH FL 32233 11- 00007384 HOME OWNERS WATER SOLUTIONS,IN 5/19/11 NEW MISCELLANEOUS SALES, OTHER THAN LIST 596 N NAUTICAL BLVD 904 - 616 -7873 ATLANTIC BEACH FL 32233 11- 00007387 JACQUELYN LOUISE'MARTIN 5/31/11 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 2263 N FAIRWAY VILLAS LN 904 -861 -5718 ATLANTIC BEACH FL 32233 11- 00007385 MARIO A. PERALTA PHOTOGRAPHY 5/23/11 NEW PHOTOGRAPHER 904 -718 -2771 395 4TH ST ATLANTIC BEACH FL 32233 11- 00007377 ONE FORCE COMMUNICATIONS 1609 LINKSIDE DR ATLANTIC BEACH FL 32233 11- 00007378 PHO VIET INC 1447 MAYPORT RD UNIT 05 ATLANTIC BEACH FL 32233 11- 00006689 R.M. HAMIL ENTERPRISES, INC. 60 ARDELLA RD ATLANTIC BEACH FL 32233 11- 00007379 THE SURF BOARDROOM, LLC 45 W 6TH ST ATLANTIC BEACH FL 32233 11- 00007383 UNITED DISTRIBUTORS, INC. OUTSIDE CITY ATLANTIC BEACH FL 32233 GRAND TOTALS -------- - - - - -- NEW LICENSES AC: 11 PP: 0 IN.: 0 V0: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 11 5/13/11 NEW MISCELLANEOUS SALES, OTHER THAN LIST 904 - 735 -3531 5/13/11 NEW RESTAURANTS(INC. SNACK BARS & TAKE O 904- 662 -1015 5/13/11 RNW POOL /HOT TUB /SPA CONTRACTOR (FIRM /CO 904 - 246 -9292 5/13/11 NEW MANUFACTURER, ALL 904 -334 -4904 5/19/11• NEW SOLICITATION, DOOR TO DOOR 904 - 646 -9000 F I i W kA �I ar ,r .V: , I• r.�c1 M,�y� ��,�� - �,fr"t7L: shy- l�" 7 i t 'S. � w.. r:Hr;. ] i, yi' *I li` x dj �I tF.l �'i•M;`.�± :1 .7r..Y� -_ 'Ft ;�t'4i¢ �.��I �'i •i rlr'. 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'w '�: ll :4... ,�:a+ �%yl' {` }k�l::.� k ".�A • } '1� + F, ,.R �'S ' .�� 'J +' {: t -• f - ;'a�'{ TY` ++' ',.: "•r Jpy��',{' �''.'?fTr'S},J� ,a, 4 - nl'� •,r?�...� c 1 -. ?'li,' r� '��•'7I }} ��'11� -'�� h': -,.I: �lT y 1A, ". ����yyll��'!.�+�.��1J{r�•• .�Z '?•.'' w ,', ��'' ': k9 r.l. k• i' 'k5` t'b'e�'. ., , s. t�i�'•.'}# .k: r- " I {�..: t' � 'Y,�1`�"'J kr1�5: � �I• �— MW r l�Af .12 _ AGENDA ITEM # 613 JUNE 13, 2011 RESOLUTION 11 -23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AFFIRMATIVELY CONSIDER AND GRANT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PETITION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE NEEDED IN ONLY FLORIDA; REPEAL FEDERALLY - PROMUGATED NUMERIC NUTRIENT CRITERIA FOR FLORIDA; DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach has long recognized the detrimental effects of the introduction of excessive amounts of nitrogen and phosphorus into the local surface waters discharging to the Intracoastal Waterway and St Johns River; and WHEREAS, in City of Atlantic Beach the City Commission adopted a comprehensive Stormwater Management Plan outlining the state of all surface waters within the Lower St Johns River Basin and recommending a variety of retrofits and best management practices to stabilize and improve surface water quality; and WHEREAS, in 1997 the Commission adopted an ordinance creating a Stormwater Utility, establishing a dedicated funding source for stormwater projects to improve surface water quality; and WHEREAS, in 2011 an update of the Stormwater Management Plan is in progress; and WHEREAS, the City of Atlantic Beach has supported the adoption and subsequent revisions to Section 403.067, Florida Statutes, concerning the implementation of the Total Maximum Daily Loads program in Florida; and WHEREAS, the City of Atlantic Beach has actively participated in the development of Total Maximum Daily Loads for the Lower St Johns River Basin locally and also in the development of the Lower St Johns River Basin Management Action Plan; and WHEREAS, the City of Atlantic Beach considers their actions to maintain and improve surface water quality within the Lower St Johns River Basin to be in close compliance with the intent of both the United States Environmental Protection Agency and the Florida Department of Environmental Protection Agency; and WHEREAS, the Florida Department of Environmental Protection has reinitiated its own rulemaking process to adopt numeric nutrient criteria for Florida water bodies; and WHEREAS, the City of Atlantic Beach considers the actions of Florida city and county governments, the Florida Department of Environmental Protection and the Florida Legislature to be consistent with the key principles of a model state program for the reduction of nutrients as 1 AGENDA ITEM # 613 JUNE 13, 2011 described in the Environmental Protection Agency's Memorandum to Regional Administrators of March 16, 2011; and WHEREAS, the City of Atlantic Beach supports the Florida Department of Environmental Protection's Petition requesting that the United States Environmental Protection Agency rescind its determination that federal numeric nutrient criteria are needed in Florida and strongly requests that the United States Environmental Protection Agency consider this Petition NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ATLANTIC BEACH, FLORIDA: SECTION 1. The City of Atlantic Beach hereby requests that the United States Environmental Protection Agency (EPA) affirmatively consider and grant the Florida Department of Environmental Protection's Petition requesting that EPA: 1. Withdraw its January 2009 determination that numeric nutrient criteria are necessary only in Florida; 2. Immediately initiate the repeal of 40 C.F.R. 131.49, providing for EPA - developed numeric nutrient criteria in Florida; and, 3. Discontinue proposing or promulgating further numeric nutrient criteria in Florida. SECTION 2. The City Manager is hereby directed to forward a copy of this Resolution to EPA Administrator Lisa Jackson, Governor Rick Scott, State Senate President Michael Haridopolos and Speaker of the House of Representatives Dean Cannon, the Florida Congressional Delegation, and the local state Legislative Delegation. SECTION 3. The City Manager is hereby directed to forward a copy of this Resolution to the Florida League of Cities, the Florida Association of Counties and the Florida Stormwater Association. SECTION 4. This Resolution shall take effect immediately upon adoption. APPROVED AND ADOPTED by the of , Florida, on the _ day of , 2011. Attest: DONNA L. BARTLE, CMC MIKE BORNO City Clerk Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney RA AGENDA ITEM # 613 JUNE 13, 2011 DEP Petition to EPA regarding Numeric Nutrient Criteria Timeline of Important Events In 2008, a Clean Water Act citizen suit was filed against the United States Environmental Protection Agency (EPA), alleging that it had a mandatory duty to adopt numeric nutrient criteria (criteria) in Florida. In January 2009, EPA issued a "Necessity Determination" that criteria were necessary, and in December 2010 promulgated criteria for lakes, rivers, and streams in Florida. These are scheduled to become effective in Florida in March 2012. In March 2011, EPA released a Memorandum that detailed the eight most crucial elements EPA believes are necessary for a State program to effectively manage nutrient pollution. In response, the Florida Department of Environmental Protection (DEP) filed a petition with EPA on April 22, 2011, requesting that EPA rescind its January 2009 "Necessity Determination" and promulgated rules. The petition documents that Florida has comprehensively addressed the eight elements outlined in the Memorandum, and that EPA would not have made its original "Necessity Determination" if it had evaluated Florida's programs against the eight elements. A response was requested by May 22, 2011. Summary of how Florida DEP Meets the Eight Elements 1. Prioritize Watersheds for Nitrogen and Phosphorus Loading Reductions. DEP has identified its high priority waters and established nutrient load reduction targets for most major waters. Exam le: Significant reductions documented in the Everglades, Tampa Bay, etc.) 2. Set Watershed Load Reduction Goals Based Upon Best Available Information. Nutrient reduction goals have been established for the high priority waters, and more continue to be set annually. Exam le: 135 adopted nutrient Total Maximum Daily Loads (TMDLs).} 3. Ensure Effectiveness of Point Source Permits in Targeted/Priority Sub - Watersheds. Florida has made significant reductions in nutrient loading from NPDES point source dischargers. [ Example: Eliminated most surface water discharges, greatly increased reuse, high level treatment.) 4. Agricultural Areas - target most effective, innovative practices. Florida has the country's most comprehensive agricultural source control program. { Example : Best Management Practices on over 8 million acres of farm land.} 5. Stormwater and Septic Systems. Florida was the first to implement a comprehensive stormwater treatment program, and has a system for management of septic systems. Exam le: Florida is 1 of 13 States with specific post - development stormwater treatment requirements.} 6. Accountability and Verification Measures. Florida has the most extensive monitoring and assessment program in the country. [Example: Over 30% of the nutrient water quality data in EPA's national water quality database are from Florida.) 7. Annual Public Reporting of Implementation Activities and Biannual Reporting of Load Reductions and Environmental Impacts Associated with Each Management Activity in Targeted Watersheds. DEP regularly monitors and documents reductions in a variety of reports. { Example : Annual Basin Management Action Plan reports, Basin Assessment Reports, Estuary Reports, etc.} 8. Develop Work Plan and Schedule for Numeric Criteria Development. DEP has followed a "mutually agreed upon" (EPA and DEP) nutrient criteria development plan since 2002. DEA's petition requests EPA to suspend further action on numeric nutrient criteria in Florida, in order to allow DEP to reinitiate its own rulemaking. AGENDA ITEM # 7A JUNE 13, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Budget Amendment Update DATE: June 6, 2011 `� _ SUBMITTED BY: David E. Thompson, Asst. City Manager BACKGROUND: In April 2011, the City Commission approved increasing the budget for the new Police Building to install a geothermal HVAC system. Based on the projections from the architects and engineers, such a system will greatly reduce the energy required for climate control in the building. Over time, this system will save both energy and money. To determine the best way to design the geothermal system, the engineers need to check the water quality and temperature of the water source to assure that they are suitable for an "open- loop" system. This requires drilling a well down to the aquifer to test the water quality and temperature. If the testing is positive, then the well will be used to run the geothermal as an "open loop" system. The original specification developed by the engineers was for a 5" X 2.5" well. Competitive quotes resulted in a price of $8,600 for one (1) well with necessary permits. Since that time, the engineers determined that a larger well is necessary due to some of the special ventilation requirements of the building. A 6" X 3" well has been specified to provide the necessary flow of water for the geothermal system. This is going in increase the price by $4,350 in addition to additional permit fees. This increase in size will require a consumptive use permit from the St. Johns River Water Management District. As a result, staff is requesting an increase of $5,000.00 in the budget to cover the additional costs of the larger well and any associated expenses. There is already funding from the %2 cent sales tax in the Governmental Capital Projects Fund, and staff is requesting authorization to spend it for this purpose. BUDGET: Based on the approval of Ordinance Number 20 -11 -110, this will increase the budget $5,000.00 in the Governmental Capital Projects Fund for the new police building. RECOMMENDATIONS: To approve the additional $5,000.00 in the Governmental Capital Projects Fund for the new police building. ATTACHMENTS: None REVIEWED BY CITY MANAGER: ArNDA ITEM NUMBER: ORDINANCE NO. 20-11-110 AGENDA ITEM # 7A JUNE 13, 2011 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 determined that a larger well for the geothermal work recently awarded in connection with the design of the Public Safety building will require an additional $5,000 to be added to the authorized funding for the project. 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: <$72,000> CONVENTION DEVELOPMENT TAX FUND Revenues Transfer from General Fund $72,000 Expenses: Parks and Recreation Capital Outlay — Tideviews Dock Extension $72,000 AGENDA ITEM # 7A JUNE 13, 2011 Fund Balance: FLORIDA CONTRABAND FORFEITURE FUND Expenses: Police Department Operating Expenses — surveillance equipment Fund Balance: $0 $2,000 <$2,000> Expenses: -Parks and Reereation Capital OuAlay Park hrepro 418 GOVERNMENTAL CAPITAL PROJECT FUND Expenses: Police Department Capital Outlay Buildings $5,000 Fund Balance: <$5 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 JUNE 13, 2011 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from Beaches Habitat for Relief of Lien on Dutton Island Road Property SUBMITTED BY: Jim Hanson, C ity Man DATE: May 24, 2011 BACKGROUND: Beaches Habitat for Humanity recently received title to a substandard lot on Dutton Island Road (172198 - 0100). That lot had been overgrown and a blighting condition for many years prior to the Habitat ownership. City crews were required to clean it up on several occasions. A lien had been placed on the property for approximately $5,800 to recoup City costs. Staff from Beaches Habitat concluded that the lot was too small to build upon and proposed to establish a community garden on the property. They asked the City of Atlantic Beach to forgive the lien so that they could proceed with the project. A concern from City staff was that the property may fall back into a state of disrepair if the garden project was not successful and the City would be called upon again to clear the lot. The City Commission decided to defer a decision on the Habitat request to give attorneys for the City and Habitat time to work out a solution. A solution has now been found that appears to solve all of the problems. Beaches Habitat has prepared a Corporate Warranty Deed to transfer the title of the property to the City of Atlantic Beach. This deed (copy attached) contains the following condition; "This deed is made and accepted on the condition that the Property may be used by Grantor [Beaches Habitat for Humanity Inc.], its successors and assigns, solely for the purpose of maintaining a community garden hereon satisfactorily to Grantee [City of Atlantic Beach]. If the property is not used as a community garden and properly maintained, the Grantor, its successors or assigns shall automatically forfeit all rights and interests thereto." It is hoped that the community garden will turn out to be a community asset and eliminate the blighted condition that has existed in the past. However, if it does not, then the wording on this deed will give the City the ability to seek other, permanent solutions. BUDGET: We do not anticipate any significant cost in accepting this deed and there are no future obligations on the part of the City as long as Beaches Habitat AGENDA ITEM # 8A JUNE 13, 2011 maintains the community garden. If it ceases to be used as a community garden, the City would anticipate minor legal expenses in disposing of the property. RECOMMENDATION: Authorize the acceptance of the Corporate Warranty Deed for the property on Dutton Isle Rd. (172198 -0100) ATTACHMENTS: (1) Corporate Warranty Deed May 31 11 12:17p Alan Jensen 904 -246 -9960 AGENDA ITEM #8A JUNE 13, 2011 This instrument was prepared by: HAYWOOD M. BALL, ESQUIRE DONAHOO, BALL & MCMENAMY, P.A. 50 North Laura Street, Suite 2925 Jacksonville, Florida 32202 (904) 354 -8080 R.E.# 172198 -0100 CORPORATE SPECIAL WARRANTY DEED THIS DEED made this of May, 2011, by BEACHES HABITAT FOR HUMANITY, INC., a not for profit Florida corporation (the "Grantor"), whose mailing address is 1671 Francis Avenue, Atlantic Beach, Florida 32233, to CITY OF ATLANTIC BEACH, a municipal corporation (the "Grantee "), whose mailing address is 800 Seminole Road, Atlantic Beach, Florida 32233. WITNESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee the real property located in Duval County, Florida, described as follows (the "Property'): Lot 11, except the South 154 feet, Block 1, DONNER'S REPLAT, according to the plat thereof as recorded in Plat Book 19, Page 16, of the public records of Duval County, Florida. TO HAVE AND TO HOLD the same unto the Grantee, it's successors and assigns, in fee simple, forever. This deed is made and accepted on the condition that the Property may be used by Grantor, its successors and assigns, solely for the purpose of maintaining a community garden thereon satisfactory to Grantee. If the Property is not used as a community garden and properly maintained, Grantor, it's successors and assigns, shall automatically forfeit all rights and interest thereto. This conveyance is made subject to covenants, restrictions, conditions, easements and other matters of record, and taxes and assessments accruing subsequent to December 31, 2009. And Grantor does hereby fully warrant the title to the Property against the claims of all persons who derive a lawful claim thereto by, through or under the Grantor, and Grantor will defend the title against any such lawful claims, but against none other. Ma,m 31 11 12:17p Alan Jensen 904 -246 -9960 AGENDA ITEM # 8A JUNE 13, 2011 IN WITNESS WHEREOF, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year first above written. Signed and delivered in the presence of: Witne 1 --:. ....!N- ..............:....] Print name below signature Witness ( ...... x' �R- Y.' �S ........}3......- ��..........� Print name below signature STATE OF FLORIDA COUNTY OF DUVAL BEACHES HABITAT FOR HUMANITY, INC., a not for profit Florida corporation s Y• HAYWOOD M. BALL Vice President — Real Estate The foregoing instrument was acknowledged before me this Z254 day of May, 2011, by HAYWOOD M. BALL, as Vice President -Real Estate of BEACHES HABITAT FOR HUMANITY, INC., a not for profit Florida corporation, the Grantor named therein, who [X] is personally known to me or [ ] has produced a Floa drivers license as identification [check one]. I /o) JF1dNIFERM.HME -CRUZ w COMMIMON I EE 036607 '7 5 EXPIRES: November 11. 2014 . kridedrnruNotuy Public Urd&nwrhrs Stktp/of Flo a at Large Print name below signature My Commission Expires: v� My Commission No.: ra nr--vw--Li I I + "E� � �.,. .. ! T- � t, VL�ll li ... �; . .g , id r 7. 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' f` i`b �� Nr - - *lw vft" 4q i 6 kA AGENDA ITEM # 8C CITY OF ATLANTIC BEACH RNE I3, 201 I CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Grant Bid No. 1011 -07 SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: May 31, 2011 BACKGROUND: The City's Sewer Master Plan Update recommended that the City use cured -in -place pipe technology to upgrade the old, cracked clay sewer mains, and use lining to rehabilitate deteriorated manholes. Fortunately, staff was able to obtain a Community Development Block Grant to upgrade the sewer system in the Donner Subdivision. This is a Disaster Recovery Grant associated with Tropical Storm Fay. By improving the sewer system, the City will reduce the possibility of overflowing manholes and excessive flows caused by infiltration during heavy storms. Specifications were completed, reviewed and approved by the Florida Department of Community Affairs. Bids were advertised, five contractors were prequalified and four attended the Pre -Bid Meeting. Five contractors submitted bids as follows: American Insituform Lanzo Lining Miller Pipeline Reynolds Infrastructure Technologies, Services, Inc. Corp. Inliner Technologies Inc. Corp. $157,410.00 $140,294.00 $188,320.00 $175,590.25 $198,275.00 The low bidder was Insituform Technologies, Inc. BUDGET: A total of $178,000 from the CDBG Disaster Recovery Grant was budgeted for this project under account number 113 - 5506 -535 -6300. RECOMMENDATION: Award a contract to Insituform Technologies, Inc. for the Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Project in the amount of $140,294.00 and authorize the City Manager to sign the contract. ATTACHMENTS: 1. Bid tabulation form 2. 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'.i ti ya }' ,�' ?1 *{t ° 'E -1,31 j { #'`_ t ' 4 1 - iiMM Ww yi,{ f � � F AGENDA ITEM # 8D JUNE 13, 201I Professional Engineering /Planning Services Atlantic Beach Intracoastal Waterway Parks Master Plan June 2, 2011 Revised June 3, 2011 In Association With: Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists Traffic[Transportation Construction Management @AM AGENDA ITEM # 8D JUNE 13, 2011 Professional Engineering /Planning Services Atlantic Beach Intracoastal Waterway Parks Master Plan PROJECT DESCRIPTION The City of Atlantic Beach seeks to engage CPH in association with HHI Design to support the City's efforts in preparing the Intracoastal Waterways Parks Master Plan. The Intracoastal Waterways Park is defined to include approximately 385 acres of tidal marsh and associated uplands within the jurisdiction of the City, north of the Atlantic Boulevard ICW Bridge and including the Tideview, Dutton Island and River Branch Preserves. CPH understands the City's vision is to create a blueprint for orderly, sustainable public access through passive recreational opportunities, environmental protection, and awareness through environmental and ecological education opportunities. CPH will support the City's efforts in developing and implementing a citizen /stakeholder outreach program to inform, encourage participation and build community support for the implementation of the master plan. CITY BUDGET AND ROLE CPH and their subconsultants shall perform the scope items listed below for a lump sum amount of $25,000. The City shall be responsible for providing technical support and a significant level of assistance with the preparation of the plan, including the mapping, inventory and GIS related support to document existing facilities and accesses as well as ecological systems. The City staff shall assist in the coordination, scheduling, printing and preparation for all public outreach and Commission presentations. SCOPE OF WORK Task I: Identification and Understanding of Project- Specific Goals and Objectives 1.1 Kick -Off Meeting The CPH Team will meet with City staff to identify goals, objectives and ideas pursuant to the establishment of the long -range Master Plan. During this meeting, discussions will be held regarding the role of City staff, past planning initiatives, available data, funding, permitting and other physical based planning. Additional discussions will center on the public outreach efforts and schedule. CPH shall prepare meeting minutes, highlighting all action items by staff and the CPH Team. 1.2 Proiect Schedule Following the kick -off meeting, the project schedule will be updated and presented to the City for approval. The project schedule shall identify all planning milestones and deliverable dates, as well as all public outreach events. 1.3 Proiect Mission To further document the City's direction for the Intracoastal Waterways Parks Master Plan, CPH shall draft a project mission statement that will be distributed with the kick -off meeting minutes. The project mission statement shall be used to guide the master plan development and to clearly articulate the City's intent to the public. It is noted that the mission will be updated as necessary to reflect citizen and City input. Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists Traffic[Transportation Construction Management @XV AGENDA ITEM # 8D JUNE 13, 2011 Professional Engineering /Planning Services Atlantic Beach Intracoastal Waterway Park Master Plan Task II: Review and Evaluations of Existing Data and Documents Prior to the kick -off meeting referenced in Task 1.1, CPH shall provide the City with a list of required data, documents and information to support master planning and citizen /stakeholder outreach efforts. The information to be provided by the City will include all previous documentation for Dutton Island, Tideviews and River Branch Preserves. The City shall provide GIS base data for the CPH Team to produce an adequate base map for planning activities. The City shall strive to provide CPH with the documentation prior to or on the date of the kick -off meeting. The CPH Team shall be responsible for reviewing and evaluating the above referenced documentation prior to performing the on -site assessment of opportunities and constraints. TASK III: Assessment of Opportunities and Constraints 3.1 Base Plan Based on existing conditions data provided by the City, the CPH Team shall prepare a base plan that will be used to graphically present an assessment of opportunities and constraints, the master plan alternatives and the final master plan. 3.2 Area Assessment Tour Representatives from the CPH Team shall meet with the City representatives to tour the sites and discuss their opinion about existing opportunities and constraints for each site, including connections and public access opportunities. Prior to the site tour, CPH and the City shall discuss assessment day schedule, desired participants (may include community members or partnering agencies) and transportation /mobility logistics. 3.3 Draft Opportunities and Constraints Staff Workshop. Assessment & Matrix Immediately following the area assessment tour (same day or the next day), the CPH Team and the City, and others determined by the City and CPH, shall hold a workshop to discuss opportunities and constraints. The outcome of this workshop will be a matrix highlighting issues and potential solutions and a map or drawing that graphically depicts the opportunities and constraints. Following the staff workshop, the CPH Team shall prepare graphics for presentation to the public for input. The materials will be presented to the City for approval prior to any public publication. 3.4 Opportunities and Constraints Public Outreach Event The City and CPH will organize, coordinate, facilitate and document a workshop with identified stakeholders to build community awareness about the master planning process and discuss the opportunities and constraints. This workshop may be held on site and include a site tour. Desired outcome for the meeting is to inform the public on the City's master planning efforts, immerse them into the planning process and solicit information on access, facilities, programs and other information to develop master plan alternatives and options. Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists Traffic/Transportation Construction Management @A AGENDA ITEM # 8D JUNE 13, 2011 Professional Engineering /Planning Services Atlantic Beach Intracoastal Waterway Parks Master Plan TASK IV: Identification of Master Plan Alternatives and Options 4.1 Preliminary Alternative Plan Based on information received from the tasks above and the public event referenced in Task 3.4, the CPH Team shall commence preparation of up to three preliminary master plan alternatives. Elements to be incorporated into the alternatives shall include but are not limited to public access (water, pedestrian, bike and vehicular), connectivity, parking, passive recreation facilities, educational /interpretive opportunities and supporting infrastructure. The preliminary alternative plans will include a plan graphic of the recommended site improvements and an ease of implementation matrix that provides general information on such issues as costs, phasing potential, funding opportunities and maintenance /management implications. 4.2 Staff Workshop & Revisions The CPH Team will present the alternative master plan concepts to City staff for comment. Based on the workshop, CPH will make any changes to the master plan alternatives. The resulting documentation shall be used at a public event to solicit input on the preferred alternative. 4.3 Alternative Master Plan Concepts Public Workshop The City and CPH Team shall schedule, coordinate, facilitate and document a public workshop to solicit input regarding the selection of the preferred master plan alternative. TASK V: Master Plan Selection and Strategic /Action Plan 5.1 Final Master Plan Documents Upon the results of Task IV, the CPH Team will prepare a Final Master Plan based on the findings of the previous tasks. The Master Plan shall consist of graphic representation of selected program elements that responsibly maximizes public use and management of the Intracoastal Waterways Parks. The Master Plan deliverables will also include cost estimates (capital and maintenance), identification of funding /financing strategies (including identification of potential growth) and a phasing or prioritization plan that shall be used to prepare a 10 year Capital Improvement Plan and long range vision. A sixty percent (60 %) draft of the Master Plan shall be provided to the City staff within 90 days of the notice to proceed. One hard copy and one electronic copy shall be provided for copying and distribution by the City. 5.2 Staff Review The CPH Team will meet with the City staff twice during the development of the final master plan documents (once at approximately 60% completion and once prior to providing final deliverables). CPH will incorporate accordingly all City direction. Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists Traffic[Transportation Construction Management AGENDA ITEM # 8D JUNE 13, 2011 Professional Engineering /Planning Services Atlantic Beach Intracoastal Waterway Parks Master Plan Within 30 days of receiving City comments on the 60% plan for City staff, CPH shall submit the Final Master Plan for review. 5.3 City Commission Presentation CPH shall present the final Master Plan to the City Commission, with support from City staff. The presentation will include a brief summary of the planning process and detailed discussion of the final deliverables. One presentation shall be made of the sixty percent (60 %) draft to the City Commission at a scheduled workshop. A second presentation shall be made of the Final Master Plan to the City Commission at a regular Commission meeting. TASK VI: Citizen /Stakeholder Outreach Program The previous tasks included two citizen /stakeholder events in addition to the City Commission presentation. The CPH Team will prepare an Outreach Program following the kick -off meeting that will incorporate a list of stakeholders, meeting dates, meeting forums, and communication techniques that will be used to build support for the master planning process and ultimately increase public awareness and use of the subject sites. In addition to the events highlighted previously, the CPH Team will prepare for the City (the City shall be responsible for any printing and distribution costs) of such items as media releases, website updates, newsletters, comment forms and event invitations. Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists Traffic/Transportation Construction Management @A AGENDA ITEM # 8E JUNE 13, 2011 Atlantic Beach Police Department 1" Quarter 2011 Highlights The Police Department has maintained a high level of resources in the Mayport Corridor and Royal Palms areas. The Police Department continued to have two full time COPS Officers dedicated to the Mayport area. They have daily contact with the businesses and residents in the community, interact with the kids at the Community Centers, and attend Special Events. Our Patrol Officers spend much of their time providing a uniformed presence in the corridor and our Crime Suppression Detectives have a heavy concentration there as well. The Florida Law Enforcement Challenge is a competition between similar size and types of law enforcement agencies. It recognizes and rewards the best overall traffic safety programs in Florida. The areas of concentration include efforts to enforce laws and educate the public about occupant protection, impaired driving, speeding, and other areas of traffic safety. Police Departments submit an application that documents their agency's efforts and effectiveness in these areas. The winning safety programs are those that combine officer training, public information, and enforcement to reduce crashes and injuries within their respective jurisdictions. The Atlantic Beach Police Department has been notified that it has placed in the top three in our size agency division. The Department will be notified this summer at an annual awards ceremony of the exact placement. Last year the Department placed 3` and received credits towards $20,000 in traffic safety equipment. Receiving this type of state wide recognition is an honor for the department and its employees and speaks volumes about the commitment the department has about traffic safety in our city. The Atlantic Beach Police Department continues to have an exceptional emergency response time. The average emergency response time for the first quarter was 2 minutes 9 seconds. Crime The state wide crime stats have been recently published. The table below summarizes the crime in Duval County as compared to the state average. AGENDA ITEM # 8E JUNE 13, 2011 Per Capita Crime Rate AB NB JB Jax Florida 2010 35.73 45.93 57.55 50.04 41.05 2009 38.60 45.23 72.24 56.67 43.97 2008 38.93 1 48.12 1 75.03 1 62.98 46.99 Crime rates for the past 3 years have been on a downward trend. The crime rate in Atlantic Beach continues to be the lowest in Duval County and lower than the state average. The first quarter crime rate for 2011 is still very low, but there was an increase from the first quarter in 2010. It is suspected that last year's extremely cold winter was a significant factor in how low the crime rate actually was. It is important to note that while up from last year's record low, crime in the first quarter is still down 30% from the first quarter in 2009. Accidents have increased from 44 to 50 thus far this year as compared to 2010. Crime in the Mayport Corridor also increased during the first quarter this year as compared to the same time in 2010. Total part I crimes, which include property crimes are at approximately the same level as in 2009. Crime decreased 25% between 2008 and 2009 and that decrease was maintained in 2010. This will be monitored very closely throughout the year. Productivity Calls for service in the first quarter of 2011 were down slightly, from 7,120 in 2010 to 6,333 in 2011. Arrests were up during the first quarter this year by 14 %, having made 220 arrests in the first three months, compared to 193 in 2010. The Crime Suppression Unit (CSU) continues to be very productive. They have made 14 felony arrests and 10 misdemeanor arrests during the first quarter. They have also made 2 alcohol deployment arrests during this time. Animal Control had 558 calls during the first quarter. The ACO's conduct beach surveys to measure leash law compliance. The average compliance rate for the first quarter of 2011 is 89 %. Personnel Currently the Police Department has three vacancies for police officer and one vacancy for Emergency Communications Operator. Applicants are being processed for those positions. All other divisions in the department are fully staffed. Training AGENDA ITEM # 8E JUNE 13, 2011 The Department is deeply committed to providing quality training to all its employees. In the first quarters of 2011, employees have attended training in the following topics. • Leadership /Supervision • Traffic Crash Reporting Updates • Dealing with Difficult People • Property and Evidence • Glock Armorer • DUI Enforcement Strategies • Narcotics and Dangerous Drugs • Crime Prevention • CJIS Terminal Agency Coordinator • Problem Solving Through Intelligence Led Policing Advanced training keeps employees current and on the cutting edge of Public Safety techniques, trends and strategies. The Department believes a better trained employee results in the delivery of a higher quality of service. The above list does not include classes taken by the employees who are enrolled in various college degree programs. , AGENDA ITEM # 9A JUNE 13, 2011 May 26, 2011 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hans 7City a an ger SUBJECT: Mana Report Sale of Confiscated Truck Although it is not required by the Code, the staff has had an internal policy requiring that the City Commission declare as surplus and approve the sale of any item with an estimated value of over $1,000. This is to report that one vehicle has been sold without following this policy. The vehicle was a 1996 Nissan Truck that was acquired by the Police Department through the forfeiture related to an attempted murder in 2009. The truck had approximately 150,000 miles on it. It was sold through the "PropertyRoom.com" website used by the Police Department to dispose of surplus property. The sale price of the vehicle was $1,400. Part of the problem was that City staff did not anticipate that the value would be over $1,000. Delaying the sale for commission approval would not have been advisable, so it was determined that it was best to complete the sale and then report the item after the fact to the City Commission. Intent to Sue Notification The City has received a letter from James Anderson, III on behalf of ATT advising of an intent to sue for damages in the amount of $1,005.30. This is related to a utility repair made by the City crew on November 24, 2010 where a couple of ATT cables were damaged. A claim was sent to the City's insurance carrier in January which has denied the claim. A copy of the letter from Mr. Anderson dated May 17, 2011 is attached. AGENDA ITEM # 9A JAMES M. ANDERSON, III, P.C. JUNE 13, 2011 ATTORNEY AT LAW SUITE 130 5855 SANDY SPRINGS CIRCLE ATLANTA, GEORGIA 30328 404.255.0487 FACSIMILE 404.255.0477 James M. Anderson, III Becky Smith, Legal Assistant Mary Catherine Ealick Writer's e-mail: mrs@jmalawfirm.com May 17, 2011 City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: File #: BLST -62- 201011 -30- 0047 -JSM Date of Damage: 11/24/2010 Amount of Damage: $1,005.30 Type of Damage: Buried Cable Location of Damage: 1438 Cove Landing Dr., Mayport, FL Dear Sir: We have tried without success to reach an amicable solution to the referenced claim. We will make no further attempt to resolve this matter informally. We are forced to recommend litigation to bring this matter to a conclusion. You may avoid this action only by contacting this office within the next five calendar days. Sincerely MTQ Ja M. Ande on, III JMA/lbs