12-01-95THE IMAGES APPEARING BETWEEN THIS
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CERTIFICATE
OF
AUTHENTICITY
I hereby certify that the microfilmed images contained between the
beginning and ending certificates are true microfilmed copies of the
instruments as recorded in the offices of
C~~~ ~~ R ~ ~~ ~~~~~
Company
Location
and that all retakes contained therein have been properly certified for
insertion in their proper sequence.
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• =GE:+DP. .TEN.: E4EFGENCY «ATEft vn;i. nEFLA'E::E CfT D;; *;ayFCFT
F.G?-D - YIb85, ~".28C9 A:1C =27`01
..ate: 12./14/CJ~
Fag=:
T.he e s :mated cost tc ins=a-l seven h: Cdr ed feet (70C') of
e:5ia incF: is") wa`_er mair, and two rtyd:ar.ts is approximately
S20,000, c;us *.he cos: cf easement acquisitions, it we can
stay out e: the FDCT righr-of-way, If we mus'_ ccnst n.:ct
w_thir. the FDCT nigh'-of-way we can zxpect the ccst to be
aFFroaiz.a'_e:y $;v ,OCO. Tt:e estimate;: cos `_ cf :.stal':r.g
three hundred fifry feet (,50') of the two i.._: (2") water
_ne main is 51..,000.
"r ECvMPiEVDAT. IOIv: AFFrc've ins>al:at.on of :_' P'JC wafer rain
and hydrants.
Funding wall be d=rived frcm At'ant ~~c
6 eack: «ater P.ese:ve Fur:ds
A..~.ACw,~c.~m` Draw. `mer.t ..A..
• EE'v :E«EC fi7 ~.._ MANP.;'cR: ~1~~
n_E7Lr. .TEN '.;C.:
•
CITY =ON_'!?_~__ M'cET .Ii:_
., ... e. C'^.
...,L?71::5 .~E::: E:+.E['.V GIV',^,V - :. r. !!F R:.F_"F,!t..T C:. :!?.': r~F~.
F.v~~ rtc~aJ. i C'.: ?, F:t: l7 ...~f~
SJ3t1I TTcD BY: Fobert 5. 'f.osof/____,tcr o: Fub:._ :1oc:a 'i
..._TE: December 19, .9§.,
=n.^FG,,..' _.. M:nda•. "'~'_3j 9` :e we__ ca:. ed o'.. _c
~- cry :.
inveet:ga'~e .~w wa` pr _sr.:re at 2e09 Ata p: F.oa'_ :e•
:cc at_on o' gig CF.ie°_ T_~e. The mar.ag er cd?^_a'=~' _::at __
tOC/ fo: `_ ml' f^. ~::° COmriC LO rEf.__ i^ `k.e`: ES`_._Om
after uas sk:ed~./ ae Pu'.: ed k.e .ae:, i:e.ked ~.._ water
;w and found .:as rare'., a _. _ ~ d: arse*___ r,ain
__ __rroded _., k.e Poi::! .k:at the~_lc++ ': of ~.,,_ s
~..*:a cc ertak;i e.
_ .ea _ :!a': -oad - ccr„~,e:~c aad __:^ed b'• a _:. _'v
's^~ ears :d _wo _..sk. !2") ga. rani zec ,.___ r.a:- '"he re1is
a - inctV(SD"i `.'C wave: ma:- about - ren•..._nd: ed `. eet
• ( GC') to U.e Soct ..._ 'k._ __r. i~.ck. (i.") p.Pe needs [c be
~+ r 1 ": cm. `he ir.~h`~[ i '.=~~:g ~r'` b owc` c.^.
I!ai F...t =.oad to _he e.cF,' _.. k ;c )JF_. .r~.a..-. c.. F.,.. r_=:
Lei_e. ..__- FTO,.EC_ also ^.?=ds _ao f2) :e .`.Ydra.^.CS: r.e
a- *. be cc` :er cf 'ri Gr:ear 3::d t!a tort F.,ad a:,d aneiher atyt k.e
iowoff
a:`ec nate Plar. wculd ::e is z =tat' .. a ::ew :wo :-_ .
_') -, p_Pe _rom. '.`:e e_a _ ...•k (c"i'P:p' c;: F: o:.e _= rve
_ __ .9 Y.a YPOC_ H::ad. Scweve:. -: '~ Cer.p ovary __.. 'd ._,.
:.a:P ., ::~ s, CTS 10r:. Fr _' f, tl,c:e i5 nDt 3Jb7^r3n`_
it: •iDOD~___ _ _h.s ccnr.,e-cia: area and ue woc.. ::c.
. ocp :k.a area ~~.+:!a YPOr` F.oad~
:te .r:c-: _.r ccs_ wo :d :.ot _ _ ed 52,CJC, ePend_ng '.cc..
the -Par `_.. Jcf Tr a::i PO:taL' LDT) per:niSL-, ._
o!;_av- a _:_ _ ease-e:t `romJ•`.e r :;Per't' ouaeJs =.._ __'_
would .,_ :ess.
rl `J'/
l//1 it
CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING
5:00 PM, WEDNESDAY, DECEMBER 27, 1995
AGENDA
Authorize purchase of vehicles for [he Building Official and Code Enforcement
officer
2. Discussion and necessary action on the search for a City Manager
3. Authorize emergency water main replacement on Mayport Road, aed adopt
Resolatfoe No. 9547 to previde fmdiog therefor
4. Any other business
Adjournment
Amended Agenda -Bold ponion added
CITY OF ATLANTIC BEAf,N
It YOU WISH TO ADDNF,SS 7NE CITY COMMISSION ON ANY MATTER PLEASE
COMPLF,TE qND GIVE, THIS FOILM TO THE CI7Y CLERK PRIOR TO THE MEETING
DATE OF fOHMISSION MEF;TING
ACENfiA ITEM NLNBF:R ~-
OR SUBJECT TO BE DISCUSSED--
_/ ~/
`S .~o ~
~~ ~,
TELEPHONE ~ ~ 2 ~/~
i-
CITY OF ATLANTIC BEACH
IF YOU R'ISN TO ADDRESS THF. CITY COMMISSION ON ANY MATTER AT THIS MEETING.
PLEASE COMPLETE AND GIVE THIS FORM TO THE CITY CLERK PRIOR TO THE MEETING -
COMMENTS WILL BE LIMITED TO FIVE MINUTES.
TELEPHONE. ~ ~t %- ~ to ~ DATE 1 "~- I i i ~ _ f
AGENDA ITEM 5 ~ OR SUBIECT TO BE DISCUSSED
CITY OF ATLANTIC BEACH
IF YOU WISH TO ADDRESS THE CITY COA1MISSION ON ANY MATTER AT THIS MEETING.
PLEASE COMPLF,TE AND GIVE THIS FORM TO THE CITY CLERK PRIOR TO THE MEETING -
COMMEM'S WILL BE LIMITED TO FIVE MINUTES.
~) I l IC~ ~LRN (~
ADDRESS ~ 1 } LK dtl.u ,`..,ktFS i )jR~. .E/, y~! L /~ ~ /_
' 7~i5-/G.i L'
TELEPHONE ~-e .JUF. 5 §~ ~ DATE ~ 2~ ~ ~ ly S
(<f}
AGENDA ITEM k ~rS- ~i -6 OR SUBJECT TO BE DISCUSSED _
C.~ ,ems pay
~C G, Lc / u~c c /l
FGc a-t- L flridf~
~G QcJ.. /f - 2 S~/- ~//7
OA.d ls~c/~.N,/a.J
a O o/ .fe.»~~votc ~d
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~~ ~st9 -4?s9
d- '.C
:L"~~ .J ~ `f I~IG D Gl6/~LJ.t~o~ ~ GN.c .r~a/liScj) // ``
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~', •• ^f ~P/1HLRrLL /~"K C S/~M KSe ?i~FG /O~+tq/~
C1`~~3bOb
~ ~y Aluh ~ttPr
~s i., io
ONEY
Sunday, December 3, 1995
fie Times-Union
Bonds
can be
confusing
I bought some mortgage
. bonds recently The first
sta went I received showed a
loss. I'd like to know why there
was a large loss at the time of
purchase. Also, what makes
bonds fluctuate up and down?
If jbu're confused about
. bonds, join the crowd. For
the average investor, bonds aze
probably the most misunder-
stood and confusing of all
investments. But for those who
know what the}~re doing, bonds
can offer excellent investment
opportunities. Example: U.S.
Treasury bonds have yielded a
35-percent return over the past
year.
Your loss is probably the up-
front price you paid W buy the
bonds. When you buy or sell
stocks, you typically pay a bro-
kerage commission. That's not
the case with bonds, notes Steve
Rosenbloom chief investment
officer of Florida Physiaans
Insurance Co: Insurance compa-
nies are big bond buyers.
When you buv bonds. the com-
mission is never shown. It's
buried in the difference between
the bid (price a buyer is willing
to pay) and ask (amount a seller
is willing to accept).
accorame ru rcosenoroom. gay a
bond you bought yields 7 per-
cent in its first yeaz. If you
decide to sell in the first year,
you subtract the 3-percent com-
mission to give a yield of just 4
percent.
Why do bonds fluctuate? In
two words: interest rates. Or the
expectation about which direc-
tion they maybe heading.
If investors think interest
rates are going to Call, as they
do now, then the price of bonds
goes up. That's because ezisting
bonds are paying a higher rate.
Conversely, if rates are expected
to rise, then the price of e~dsting
bonds falls.
upon conviction o; the aonlicant by the Code Enforcement Board for
anv nuisance violation at the iocan on: and further [irat he u~l
not cork un semi-tractor trader and transmission reoalrs. Mrs.
Pillmoce seconded the motion and it gassed by a unanimous vote.
II. Feauest for extensi nn of trine for variance granted fo'~
i.ots S and 9. ocean Grove Unit II f-~ie,i by Pelkey Builde[s. tnc.
Jim Felkey ua E. not present at the meeting.
After discussion. Mrs. Pillmo:e moved to gran[ a si r.-mont~n
~x.t ensign on the original variance to Mr. Pelkey retroactive to the
date of terminat.on. Mrs. Simokrnr. s+conded the motion and thH
variance extension uas unanimously granted.
The board agreed to meet at f+:00 o.m. on December 19. 1995 to
reviceu the zoning code amendments.
'fhece being nn further business to come before the board on motion
„uiv made the mr~~~rny uas ad iourr. eci.
.~vitltiu:____ _.. _.___.__._ __-_ _____._
ATTEST:
DRAFT COPY
MIN'1TES OF THE CON,MONI T}' DEVELOPMENT BOARD
Or 'l lit cI2Y OF APLA?7TIJ BEACH. FLORIDA
IJOVEMBEF '1. 199°.
7:U0 P.M.
CITY NAi.:,
PRESEfi7
n!ID
ABSEMT
Vice Chairman
asked for approval
1945. The ml^UteS
motion duly made
corrected.
HEW BUSINESS:
Robert Frohuein
Mary Walker
Sharette S±mnki ns
Pat Pillmore
Buzzy Grunthal
Alan Jensen. City Attorney
George Worley. II. CD Director
Pat Harris. Recording Secretary
Don Wolfson
Mark McGowan
Robert Frohwein called the meeting to order and
of the minutes from the meeting of October 17.
failed to list Mrs. Simpkins as present. U_oon
and seconded the minutes were approved as
I. T,poiicati on for Use-by-Exception filed by Robert J,
.~c f~ulte to oI•erate a I.ght auro and truck repair business fcr
~" oneity loca-eri at ld Donner R,au,
Mr. sr-huite tntroduced 'nimse;f to the board and stated c.-,ar
ire desired to conduct Irght repairs and upholstery work on
automobiles and trucks. He stated that he presently works full
trine at another lob and the business could eventually supplement
his retirement.
Mr. wortev pointed out to the board that the staff report
: eflected fire property as CG-Commereral General and should reflect
r-L-cumn~e rcial Limited but the same uses apply to each district.
After discussion. Mr. Grunthal rt~oved to approve the use-by-
`~''~gtion sub iect to the three conditions listed in the staff
~enert. i.e.. i) t:o inoperable or disassembled vehicle shall he
stoe ed outside the buildrna_: 2) No noise producing equipment shall
;•" u:-ed after S: OC c.m: an<i 3) that the use-by-exception be revoked
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
MEETING DAT November 21, 1995
AGENDA ITEM: S 4.a. Request for time extension of Variance granted to bts
8 and 9, Ocean Grove Unit II fled by Pelkey Binders.
The applicant was granted a Variance to the minimum lot dimension
requirements for the two lots for the purpose of constructing two single-famiy
homes (see attached minutes). The applicarx has completed construction of one
home but requests the extension to allow him to begin construction of the second
home. The construction Lactate has been M accordance wRh the mrwrg codes
and the stipWations placed on the variance by the Community Devebpmerd Board.
The applicant has shown a good faith effort to compy with the Variance
granted. Staff recommends that a ci* month ld n ion praMed to his
Vance
AGENDA ITEM: X 4.b. AppGcaion for Use-try-Exception to operate a IigM
/ ~ automobile and truck repair business at 18 Dourer
Road.
The applicant desires to operate a repair business for automobiles and
trucks at 18 Donner Road. The Location is a commercial building coned CG,
Commercial General. The location has had vehicle repair business at several
times in the past. The proposed use is for intemMtent operation rather than a fWl
time repair shop.
'At&omotivettruck service garage' is a use pemNfed by Exception in the
CG district, however, given the close proximity of residential properties and the
potential use of noise producing equipment, some condRiorts may be appropriate.
Staff recommends approval a1 the regl'°aetl LAW-Erce~im uhect to Lhe
following BondtioneT
t) No inoperable or disassembled vehicle shah De stored outside of the
building.
2) No noise producing equipment shall ba used after 9:00 PM.
3) This Variance may be revoked upon comdction of the appACarR by
the Code Enforcement Board for arty nuisance violation at this
bca[ion.
nroliwo or rieT ~
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AGENDA ITEM: Use-by-F~tception for aiRO repair twsiness
SUBMITTED BY: George Worley, ConmunNy Devebpmiemt Director ~~ ~~~~
DATE: December 4, 1995
BACKGROUND:
Tha appacant proposes to operate a repair business for Nght trucks and
automobdea at 18 Dorarer Road. The property is aorred CL, Commercial Lani[ed, a
district which pemats such repair businesses by Exception. Because the appNcant b
empbyed fuN time elsewhere, he proposes to operate this business on an artermKtent
DasH, tlependeM upon his avaNable tans. The bcatlon has had vehNde repaa' businesses
at several th1~s in the past.
RECOMNiAENDATION:
the Comrrxraty Developmremt Board heard this request and unananousy
recommerWS approval of the requested Use-by-Exception subject to tha {oAowig
condRions7:
1) No awperabk or disassembled vehicle shah be stored outside of the
buikang.
2) No raise producing equipment shah be used aRer 9:00 PM.
3) No transmission repairs are Permitted and no large trtx:ks may be repaired.
4) This variance may be revoked upon cornictan of the appicant by
the Code Enforcement Board for any rxasanca vidation at thin
krcation.
ATTACHMENTS:
1) Application for Use-by_Exception
Z) Minutes of the Commurdly Development Board eetag
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO. _~
ORDINAACB O. 5-95-26
R]I ORDIITSNCE OF THE CITY OP 71TLSIITIC BE11CHr PLOAID1r
H1~.FDIHG C871PTEA 2, 71DliImIBTR7ITIORr 7NlTICLE Ipr DEPIiRT-
![BIITBr DIpIBIOH lr GEFERALLYr BBC. Y-~lr DIRECTOR OF
PDBLZC BAFETYr BY pAOVZDZHG FOR THH LPPOIHTMEYT Op L
DIABCTOR OF PIIBLIC BAFBTY• 1111D PROVYDLDIG I~H BFFECTIVE
DATE.
H8 IT ORDIIIMED by the City Commission of the City of Atlantic
Beach, Florida:
BECRIOm 1. Sec. 2-41 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
^Bao. 2-~1. Diraotor of public salaty.
The city manager, or other qualified parson as
provided herein, shall be the director of public safety,
under whose supervision there shall be a police depart-
ment and a fire department.
(a) In the event the city manager desires to
appoint a 3irector of public safety, the director of
public safety shall be appointed and removed by the city
manager, subject to the approval of the city commission.
The director of public safety shall be compensated as
determined by the city manager.
(b) The duties of the director of public safety
shall include attendance at all meetings of the city
commission as required by the city manager, supervision
and coordination of the police, fire and lifeguard
operations of the city, participation in emergency
planning and operations before, during and after major
incidents affecting public safety, and performance of
such other duties as may be lawfully required of him."
eeetien 2. This Ordinance shall taks effect immediately upon
its final passage and adoption.
PaBBSD by the City Commission on first reading this
day of December, 1995.
pABeED by the City Commission on second and final reading this
day of January, 1996.
ATTEST:
HAUREEN RING LYMAN T. PLETCHER
City Clerk Mayor, Presiding Off leer
Approved as to form and correctness:
nIJJ~ C. JENSEN, ESQUIRE. / C
City Attorney ~
S. Intersection visibility. Where an accessway intersects with another sccessway within a
vehicular use area, where an accessway is located within a vehieu4r use area, or where an
acceasway intersects with a street right-of--way, cross visibility within Me triangular areas
described blow shall be unobstructed at a IevN behveco two (2) and eight (S) frc4 above
elevation of adjacent pavement.
SECTION 2. Severability. If any section, sentence, clause, word, or phrase of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said
holding shall in no way affect the validity o(the remaining portions of this Ordinance.
SECTION 3. This Ordinance shall become effective immediately upon final passage.
PASSED BY THF. CITY COMMISSION ON ITRST READING:
PASSED BY TF~ CITY COMMISSION ON SECOND READING:
Lyman Fletcher, Mayor
Attesr
Maureen King. City Clerk
Approved as to Form and Correctress.
Alan C Jensen, Esquire
City Attorney
tree. Palms shall be a minimum clear tank height o(eight (g) feet,
measured from the ground level to [he base of the palm.
(4) Criteria for shrubs, vines and ground covers: Hedges and shrubs used
to form an opaque screen shall be no less than three (3) gallon
container grown material or equivalent balled and burlap material.
(5) Lawns: Lawn grass may be sodded, plugged, sprigged or seeded
except that solid sod shall be used on grass areas within street rights-
o!-way disturbed by construction, in swales, on slopes of four [o one
(4:1) or greater, and on other areas subject to erosion. When
permanent seed is sown during its dormant uason, an annual winter
grass shall also be sown (or immediate eRect and protection until
permanent coverage is achieved.
(6) Mulch: A minimum two (2) inch layer of organic mulch, such as
wood bark, dead leaves and pine stow, shall be applied and
maintained in all tree, shrub, ground cover planting areas and bare
preserved natural areas.
(~) General clean up: At the completion of work, construction [rash and
debris shall be removed and disturbed areas shall be fine-graded and
landscaped with shrobs, groundcuver, grass or two (2) inches of
mulch.
7, Maintenance and protection of landxping.
(a) Maintenance. The property owner shall be responsible for the maintenance
of all landscaped areas, which shall be maintained in good condition so as to
present a healthy, neat and orderly appearance, free of relax, debris and
weeds. Failure to maintain required landxaped areas or to rcplacq within a
reasonable period of timq required landxaping wbic6 is dead, irreparably
damaged, or fails to meed the standards of this part, shall bt deemed a
violation of the Zoning Cods
Ib) Irrigation. To maintain the landxaping in a healthy condition, all
landscaped areas shall be provided with an automatic irrigation system.
(t) Tres pruning. Required trees shall be allowed to dn~elop into their natural
habit of growth. Trees may be pruned m maintain health and vigor by
removal of dead, weak, damaged or crowded limbs, diseased and insert
infested limbs, and branches which rub other branches.
on the site and the common property lino then it may be used to satisfy the visual screen
requirements.
(4) Prevailing requirement. Whenever parcels of land fall subject to both
the perimeter landxaping requirements and the uncomplimentary
land use buRer strip requirements of the article, the latter
requirements shall prevail.
(5) Hardship. If the Director determines that the construction of a
landxape buffer area required by this article would create a hardship
for the existing structures or vehicular ux areas, the Director may
approve a buRer arcs with a width no less than five (5) feet, provided
such bu1Rr arcs meets the visual screening requirement of this
article.
(c) The Buller strip shall not be used for principle or accessory uses and
structures, vehicular ux area, dumpster pads, signs, equipment, storage.
Slopes within buffer strips shall not esceed four to one (4:I ).
6. Landscape design standards
(a) Minimum tree requirements shalt comply with Section 23-18(3).
(b) A minimum of fifty (50) percent of all required trees shall be shade trees.
(c) 'frees required for vehicular use area landscaping may bt used Io fulfill the
tr« requirements of this section.
(d) Standards for landscape materizls.
(1) Piants and trees shall meet the criteria of Chapter 23, settion 23.18, 5,
(b), 0 ).
(2) Fifty percent of the [rtes can bt non-shade Irces or trees with a
mature canopy of fiftrrn (IS) f«t, a minimum of hvo (2) inth caliper
and a minimum of ten (10) f«t overa0 height. Trees shall not be
planted cloxr than Mo (2) feet from any pavement edge or right-of-
way line, as measured from center of trunk Shade trees shall not be
planted cloxr than four (4) f«t from any pavement edge or rightbf-
way line, as measured from «nter of trunk
(3) Palms may be substituted for the required trey at the ratio of two (2)
palms for each required tree or four (4) palms for each required shade
la) Where uncomplimentary land uses or zoning districts arc adjacent, without
an intervening street, a buRer strip shall be required between the uses or
zoning districts. Said buRer strip shall be at last ten (10) feet in width the
entire length of o-0 such common boundaries. The fo0owing shall constitute
uncomplimentary uses and zoning districts.
(1) Multiplo-family dwelling use or zoning districts three (3) or more
attached units when adjacent to singlrfamify dwelling(s) or lands
zoned for single-family dwdlinq.
(2) ice use or zoning districts, when adjacent to singlefamily or
multiplo-family dwellings, mobile home parks or subdivisions or lands
zoned for sioglefamdy or multiple-family dwdliogs, mobile home
parks or subdivisions.
(3) Mobile home pars: ux or zoning districts, when adjacent to single
family dwellings, multiplefamily dwdliogs and omee uses, or lands
zoned for singbfamily dwellings, multiple-family dwdliogs or oRces.
(4) Commercial and institutional uses or zoning districts, when adjacent
to single-family dwdliogs, multiplo-family dwdliogs or mobile home
parks or mobile home subdivision uses or lands zoned (or single
famdy dwdliogs, multiplo-family dwdliogs or mobile home parks or
mobile home subdivision.
(5) Industrial uses or zoning districts, when adjacent to soy nonindustrial
uses or zoning districts other than agricultual land uses or zoning
districts.
(b) Buller material requirements shall be as fo0ows:
(1) Trees. The total tree count required within the buRer strip shall be
one (1) tree for each twenty-five (25) linar feet of required buffer
strip, or majority portion thereof.
(2) Ground cover. Grass or other ground cover shall be planted on all
eras of the buRer strip.
(3) Visual Screen. A visual xreen running the entire length of common
boundaries shall be installed within [he boner strip, ezcept at
permitted access ways. The visual xreea may be a wood or masonry
wall, landxaping, earth mounds or combination thereof. Earth
mounds shall not tweed a slope of 3 to I (3:1). If a usual xrrcn,
which satisfies all applicable standards, taisb on adjacent property
abutting the property line or esiats between the proposed drvebpment
property, to [he estem such areas are not xreened, shall contain the
following:
(1) A continuous landscape area at least five (5) feet wide between the
V I)A's and the abutting property, landscaped with shrubs,
groundcovers, preserved existing vegetation, mulch and gross;
(2) No less than one (1) tree, located within twenty five (25) feet of the
outside edge of the VUA, for every fifty (50) linear feet, or fraction
thereof, of the distance the VUA abuts the adjacent property. Trees
may be clustered but shall be no more than seventy-five (75) feet
apart.
(3) A buffer wall between incompatible land uses as required by Section
24187, (7), il'applicable.
(4) If an alley separates the VUA from the abutting property, the
perimeter landscaping requirements shah still apply.
(c) Existing landscape xreen: If an existing landxape xreen has been
established on abutting property, then it may be used to satisfy the
requirements of this section, so long as the existing laudxape xrcen is
abutting the common property line, and it meets all applinble standards of
this section.
(d) Driveways to streets: The maximum wid[6 of any driveway not containing a
laodxaped island through the perimeter fandxape area s6a6 be thirtyaix
(36) feet. The ma:imam width of any driveway containing a laodxaped
island [brough the perimeter landscape area shall beforty-eight (4S) feet and
the driveway shall contain a landscaped island which measures oot less [ban
eight (g) feet in width (from back of curb to back of curb), surrounded by s
six (6) inch continuous raised curb, or other akeroative approved by the
Director. In no event shall more than 50 percent of any street frontage be
paved, nor shall the provisions of this sectioo be applied to reduce the
permitted driveway width to less than twenty-four (24) feet.
(e) Driveways to adjoining lots: Driveways may be permitted by the Director to
adjoining lots of compatible use.
(Q If a joint driveway nsemem is provided between adjacent property, theo the
required perimeter landscaping for each property shall be provided between
the drive and any other vehicular use areas.
S. Buller standards relating to uncomplimentary land uses and zones.
4. Perimeter landscaping Requirements.
(a) Street Frontage Landsaping: All VUA's which are not entirely xreened by
an intervening building from any abutting dedicated public street or
approved private slree4 to the extent such areas are not so screened, shall
Contain the following:
(1) A landscape areas of not less than ten QO) square feet for tech linear
foot of VUA street frontage, 50 percent of which shall be at least a five
(5) foot wide strip abutting the street right-of--way except for
driveways. The remaining required landscape arcs shall be located
within twenty-five (25) feet of the street right-of--way;
(2) A durable opaque landscape screen along at least 75 percent of the
street frontage a:eluding driveways. Shrubs, walls, fences, earth
mounds and preserved esisting understory vegetation, or combination
thereof, may be used so long as [he xreen is no less than three (3) fee[
high measured from the property line grade. Walls or fences shall be
no more than four (4) feet in height and of wood or masonry at least
85 percent opaque. Earth mounds sha0 not exceed a slope of three to
one (3:1). No less than 25 percent of street side frontage of walls or
fences shall be landscaped with shrubs or vines.
(3) No less than one (1) tree, located within Twenty-five (25) feet of the
street right-of--way, for each fifty (50) linear feet, or fnctao thereof,
of VUA street frontage. The trees may be clustered, but shall be no
more than seventy-five (75) feet span. tf an overhead power line
abuts the street frontage, then the required trees reaching a mature
height greater than twenty-five (25) feet shall be located at least
fifteen (IS) away from the power line.
(4) The remainder of the landcape area shall be landxaped with trees,
ahnbs, grouodcovers, grass, or mulch.
(5) Landxape areas required by this sedan shall not be need to satisfy
the interior laodxape requirements. However, the gross area of the
perimeter 4ndxaping which escteds the minimum requirements may
be used to satisfy the interor landscape requirements.
(6) If a utility rightof--way separates the VUA from the pabla street or
approved private street, the perimHer landscaping rcgaircmeots of
this section shall still apply.
(b) Perimeter laodxaping adjatenl to property lines: All vehicular areas which
are not entirely xreened by an intervening building from an abetting
aroas, and such other information as the Uirectot may rcyuire, and
(7) indicate all overhead and underground utilities luca[ed on the property and
in the right-oG-way adjacent to the property to which the landscape plan
applies This shall include overhead and underground electric service lines
w all proposed buildings
3 Vehicular use area interior landscaping requirements.
(a) Vehicular use areas open to the public; 10 percem of vehicular use areas
(VUA's) used for: Off-street parking, employee parking, auto sen~ice stations,
service drives, and access drives within property located in commercial and
industrial use zoning districts shall be landscaped.
(b) Specialized vehicular use areas closed to the public; 5 percent of VUA's used
for: storage areas for new used or rental vehicles and boats; motor vehicle
xrvice facilities; motor freight terminals; and other transportation,
warehousing and truck operations not generally open to the public shall be
landscaped.
(c) Criteria for distribution: Landscape areas shall be distributed throughout
the V UA in such a manner as to provide visual relief from broad espanses of
pavement and at strategic points to channelize and define vehicular and
pedestrian circulation. Landscape areas shall contain the following:
(1) At least 25 percent of the landuape areas shall be covered with
shrubs; the remainder in shrubs, groundcover, mulch or grass.
Shrubs shall be spaced on three (3) foot spacing.
(2) Not less than one (1) tree for every four thousand (4,000) square (eel,
or traction thereof, of the ~'UA.
(d) Each row of parking spaces shall be terminated by a landcape island with
inside dimensions of not less than five (5) feet wide and seventeen (17) feet
long, or thirty-five (35) feet long if a double row of parking. Each terminal
island shall congin one (1) tree. Each side of the terminal island adjacent to
a travel lane shall have a continuous sis (6) inch high curb of concrete or
other appropriate permanent material.
(e) If it tan be shown to the satisfaction of the Director that the strict application
of this section will seriously limit the function of the property, he may
approve the location of the required interior landscape area near the
perimeter of the VIiA or adjacent to the building on the proptm~, so long as
the landxape area is within twenty 120) feet of the perimeter of the VtiA.
(7) Shrub mcans aself-supposing woody perennial plant characterized by multiple
stems and branches continuous from the base naturally growing to a mature height
between two (2) and twelve (12) feet.
Sec. 2~t87. Landsnping Requirements
t. Applicability. The provisions of this section shall be applicable to all commercial and
industrial property development, as defined herein, or to the expansion or renovation oC any
existing development, including property in governmrnt use. When the total expansion or
renovation of existing developmrnt is equal to 50 percent of the curtrnt assessed value of the
parcel improvements according to the Property Appraiser or the [oral square footage ofa
structure is e:cpanded to 50 percent or greater, as we0 as any emulative expansions totaling 50
percent, then this section shall be applicable to existing development and the expansion.
2. Landscape plan required.
(a) Prior to the issuance of any building permit for commercial or industrial, a
landscape plan shall be filed with, reviewed by, and approved by the D'veaor. The
landscape plan shall be prepared by either the owner, or a licensed, registered
landscape architect, bearing his seal, or shall be otherwise prepared by perwns
authorized to prepare landscape plans or drawings pursuant to Chapter 481, Part II
(landscape Architecture), Florida Statutes.
(b) The landscape plan required hereunder shall be drawn to scale, including
dimensions and distances and shall.
(1) delineate the vehicular use areas, access aisles, driveways, and similar
features,
(2) indicate the location of sprinklers or water outlets;
(3) designate by name and location the plant material to be installed or
preserved in accordance with the requirements of this Part;
(4) identify and describe the location and characteristics of all other landscape
materials to be used,
(5) show all landscape features, including areas of vegetation required to be
preserved by law, in context with the location and outline of existing and
proposed buildings and other improvements upon the site, if arty,
(6) include a tabulation clearly displaying the relevant statistical information
necessary for the Director to evaluate compliance with the provisions of
this Pan This includes gross acreage, square footage ofpreservation
areas, number of trees to be planted or preserved, square footage of paved
ORDINANCE NO 95AS-6S
AN ORUWANCE OP THE CITI' OF ATLANTIC BEACH. FLORIDA AMENDING
CHAPTER 24, 7.ONING AND SIiBDIVISION REGULATIONS, ARTICLE III,
ESTABLISHING LANDSCAPE REQUIREMENTS, DELETING CERTAIN LANGUAGE
.AND INSERTING ACDI"f10NAl. LANGUAGE, PROVIDING FOR SEVERABILITY,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the City Commission of the City of Atlantic Beach desires to add landscape
provisions in the Zoning and Subdivision Regulations of the City, and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS
SECTION 1. Chapter 24, Anicle 1 of the Code of Ordinances of the City of Atlantic
Beach is hereby amended to read as follows
ARTICLE 111. DIVISION 8 -LANDSCAPE REGULATIONS
Sec.2}186. Definitions.
The following words and phrases, when used herein, shall have the meanings respectively ascribed
to them
(1) Ground cover means aloes-growing herbaceous or woody plant other than turf,
not over two (2) feet high, used to cover the ground.
(2) Hedge means a landscape barrier consisting o(a continuous, dense planting of
shrubs
{3) Irrigation system means a pertnanenL artificial watering system designed to
iranspon and distribute water to plants
(4) Landscaping means any combination of living plants (wch as grass, ground
cover, shrubs, vines, hedges, or trees) and non-being landscape material (wch as
rocks, pebbles, sand, mulch, walls or fences
(5) Mulch means non-living organic materials customarily used in landscape design to
retard erosion and retain moisture
(G) Perimeter landstape means a continuous area of land which is required to be set
aside along the perimeter of a let in which landscaping is used to provide a
transition between and to reduce the environmental, aesthetic, and other impaMS of
one type of land use upon another
l.C
SECTION 3. This Ordinance shall become effective irmnediately upon final passage.
PASSED BY THE CITY COMMISSION ON FIRST READMG:
PASSED BY THE CITY COMMISSION ON SECOND READING:
Lyman Fletcher, Mayor
Attest:
Maureen King, City Clerk
Approved as to Form and Correctness.
Alan C. Jensen, Esquire
City Anorney
la
list of trees suitable for planting street rightsof--way, parks, and other public places and certain
private property as may be needed.
Sec 23-22. Inspections.
The City shall have the authority to perform inspections of the subject properly during
development for the purpose of ensuring compliance with this chapter. The applicant must pass
inspections before further work is performed on the project.
Sec. 23-25. Exceptions
Requests for nodification of the standards of this chapter shall be made to the Tree Conservation
Board Upon receipt of such a request, the board shall thoroughly consider its merit and rrnder a
decision within thirty (30) days. The request shall clearly and in detail state what modification or
exception is being sought and the reasons such a request is warranted. The Board may grant,
modify or deny the request based on protection of the pubbc's interest, preservation of the intent
of this chapter or possible unreasonable or unnecensary hardship involved in the case.
SECTION 2. Severability. If any sectioq sentence, clause, word, or phrase of this
Ordinance is held to be invalid or unconstitutional by a court of competrnt jurisdiction, thrn said
holding shall in no way affect the validity of the remaining portions of this Ordinancz.
13
not serve more than two (2) consecwive terms
Upon appointment and approval to the Board, the members shall meet and organize by
the election of a chairman and secretary. Rules and procedures shall be adopted for the holding of
regular and special meetings as the board shall deem advisable and necessary in order to carry out
its responsibilities.
(d) II is the intent that at least two (2) members of the Board, if possible, be engaged in a
business in the City.
(e) The Board shall.
(I) Review applications for site clearing and removal and relocation of protected trees,
and render a decision on applications within I S calendar days of receipt of said
application and prior to issuance o(a pemtit by the Director as called for in this
Article.
(2) Require mitigation of protected trees as called for in this Article
(3) Bring to the attention of the Director any violations of this Chapter and
recommend appropriate action toward enforcement and correction as provided in
this Chapter.
(4) Review and make recommendations to the Director on requests for modifications
of the standards of this Chapter
(f) The Board shall hold public meetings twice monthly or at other times established by the
Board, to review applications and to discuss issues and projects relevant to its responsibilities
(g) The Board shall review, approve or deny requests (or tree removal as called for in
Section 23.17 and may require mitigation of trees removed In determining mitigation
requirements tht Board shall consider the following
The existing tree campy of the lot
The tree canopy of the adjoining lots
The topography o(the lot
The efforts of the applicant to minimize the loss of trees, through the size and
design o(the structure
The cumulative effects of the tree loss
Tree removals will be consistent with the intent of this chapter and will not be
detrimental to the public welfare
(h) The Board shall authorize or deny review, approve or deny requests for exceptions as
called (or in section 23-25 "f he Board shall disseminate news and information to the public
reearding the protection, maintenance, removal and planting of trees The board shall prepare a
12
Fund to compensate for each replacement tree wttich is not planted. The
amount of such conribution ;hall be determined pursuant to the formula
described ir, Section 23.17, 5, b,(10),
(3) If the site has been cleared and the trees have been removed from the site
w that the Director is unable to determine with reasonable certainty the
number ofprotected trees removed in violation of this wbparr, the
violation shall be corrected by paying a civil fine of up [o S L00 per square
foot of land cleared, which fine shall be assessed by the Code Enforcement
Board The contributions and fines assessed under this wbsection shall be
payable to the City immediately within seven (7) days after asseument. All
amounts received by the City purwant to this wbsection shall be deposited
in the Tree Replacement Account. No work shall continue on the site until
the tree replanting plan has been approved or the contribution or fine has
been collected
(d) Appals. A person aggrieved by an administrative order, determination or decision
of the Director may appeal the order, determination or decision to the City
Commission
(e) Violation and penalties. A perwn who violates any provision of this section, and
fails to corer the violation as provided herein stall, upon conviction thereof, be
guilty of a class D off erase and punished accordingly. A separate offense shall be
deemed to have been committed for each tree removed, damaged, or destroyed
contrary to the provisions of this wbpart.
(Q Judicial remedy. In addition to other remedies and notwithstanding the exisirnce
of an adequate remedy at law, the City of Atlamic Beach may seek injunctive relief
in the Circuit Court to enforce the provisions o([his section. The City shall be
entitled to reasonable attornry's fees and costs, including appellate fees and costs
in an action where the City is wccessful in obtaining affirmative relief
Sec 23-19 Tree Conservation Board
(a) There is hereby created an administrative body to be known as the Tree Conservation
Board composed of five (5) citizens of the City. Each member shall be appoimed and approved
by the City Commission An ex otTicio member shall be an individual trained in arboriculture,
landscape architecture, forestry or some other closely related field
fb) All members of the Board will serve without pay. The members shall be appointed as
follows Two (2) for two (2) years and three (3) for three (3) years and serve until their
wcceswrs are duly appointed and approved by the City Commission Successors to the original
members shall thereafter be appointed for terms of three (3) years. Vacancies caused by death.
resignation or otherwise, shall be filled immediately for the expired term in the same manner as the
original appointments are made Members of the Board may seek rappoimmrnt but they shall
\1'hen removing branches liom protected trees to clear for conswction or prumng
to restore the natural shape of the entire tree, the guidelines in the National
Arborist Association Pruning Standards for Shade Trees and the American
National Standards for Tree Care Operations (ANSI #? 133.1) shall be followed
Protected trees shall be pmned to remove dead or damaged limbs and to restore
this natural shape and fertilized as necessary to compensate for any loss of roots
and to stimulate root growth Any damage to tree crowns or root systems shall be
repaired immediately after damage occurs.
7. Enforcement: violations and penilties; slopping work, correction of violation;
assessment and recovery of civil penalties.
(a) Notice of violations. Whenever the Director has evidence that a violation of any
provision of this wbpart has been or is being committed, he shall iswe a written
notice or order upon the violator by perwnal service or certified mail or, if these
forms of service are ineffective, by posting a copy in a conspicuous place on the
premises where the violation has occurred or is occurting. The notice shall briefly
set forth the general nature of the violation and specify the «tanner and a time
within which the violation shall be corrected.
(b) Stopping work. Failure to cortect violations within the time period set forth in
the Notice o(Violation, shall constitute grounds for the iswance of a Stop Work
Order. All work on the site shall be wspended until the violations have been
corrected
Correction of violation. A violation of this wbpart shall be corrected as follows
(1) By paying the permit fee due the City for the work, which permit fee shall
be twice the amount of the regular permit fee specified on the appliration
which would have been due had the permit been obtained prior to
commencing work, and by replacing the protected trees removed without a
permit with new planted trees, unprotected trees or transplanted trees The
total caliper inches of the replacement trees shall equal the total caliper
inches of the protected trees removed. A tree replanting plan showing how
the damage caused to the site by the violation will be mitigated shall be
wbject to the review and approval of the Tree Conservation Board and the
trees installed within the time limit stated on the perms. Replacement trees
shall meet the requirements of Section 23.17.5, except that the minimum
caliper o(the replacement tree shall be (our 14) inches, and the plan shall
meet the requirements of Section 23 17 4, to the extent applicable; or
12) By paying the permit fee due the City for the work, which permit fee shall
be twice the amount of the regular permit fee specified on the application.
which would have been due had the permit been obtained prior to
commencing work, and by making a contribution to the Tree Replacement
10
(Gj Existing non-protected trees, transplanted trees and new trees used for
rplacement become protected trees.
17) Replacement trees shall be maintained by watering and guaranteeing the
tree for one year. Failure to maintain the trees shall be deemed a violation
of the !.Doing Code.
(8) A tree used For replacement shall be at least ten (10) feet from any other
tree planted, transplanted or preserved.
(10) If the applicant demonstrates to the satisfaction of the Director that the site
cannot accommodate the total number of required replacement trees as a
result of insufficient planting area, the applicant shall provide a monetary
contribution to the Tree Replacement Acwunt. The amount of such
contribution shall be determined as follows: For c+ery two (2) caliper
inches, or traction thereof, of replacement trees which would otherwise be
required, the contribution shall be equal to the retail value of a planted two
(2) inch caliper nursery groom shade tree. The retail value shall be
calculated by taking the average of the median current wholesale price,
published by North Florida nurseries, for a container grown, and a balled
and burlaped two (2) inch caliper laurel oak, multiplied by two (2). The
retail value shall be recalculated and adjusted annually on October I st.
6. Tree protection during development. All protected trees, preserved understory vegetation.
and trees retained for tree credit, pursuant to Section 23.17.5 hereunder, shall be protected from
injury during any land clearing or construction in the following manner.
(a) Prior to any land clearing operations, tree limbs wttich interfere with construction
shall be removed and temporary barriers shall be installed around all trees and
other understory vegetation to remain within the lirtits of land clearing or
construction and shall remain until the completion of the work. The temporary
barrier shall be at least three (3) (eet high, shall be placed at least six (6) (eet away
from the base o(any tree, shall include ai least 50 percent o(the area under the
dnp line of any protected tree or trees retained for tree credit pursuant to Section
23 17 5, and the barrier shall consist of either a wood fence with two by (our
(2x4) posts placed a maximum of eight (8) feet apart, with a two by four (2x4)
minimum top rail, or a temporary wire mesh fence, or other similar bartier which
will limit access to the protected area Tree protection shall comply with the
guidelines in the Tree Protection Guide for Builders and Developers by the Florida
Division of Forestry and any other reasonable requirements deemed appropriate by
the Director to implement this Pan
Ibl No materials, trailers, equipment or chemicals shall be stored, operated, dumped,
buried or burned within the protected areas ND attachment, wires (other than
protective guy wires), signs or permits shall be attached to a protected tree
5. Mitigation criteria and procedures.
(a) Any relocation of trees in compliance with this section shall be performed in
accordance with accepted industry practices, including watering to insure survival
of transplanted stock Transplanted trees muri be guaranteed for at least one year
(b) Protected trees identified for removal on the site clearing of tree removal permit
application shall be replaced with new planted trees, unprotected trees or
transplanted trees. Protected oaks removed shall be replaced only with oaks The
total caliper inches of replacement trees shall equal one half ('/)the total caliper
inches of protected tees removed; unless otherwise approved by the Tree
Conservation Board. Ifmulti-bunked trces are used as replacement trees, then the
total caliper of the four largeri trunks shall equal the replacement caliper. New
palms may be used only to replace protected palms removed. No replacement will
be required for protected trees which are detem:ined by the City to be dead or
deteriorated as a result of age, insects, disease, storm, fire, lightening or other acts
of nature.
(1) New replacement trees shall be a minimum of Florida Number One defined
in the most curcent edition of the Grades and Standards for Nursery Plants,
Pan 1 and 11, published by the Florida Department of Agricuhure and
Consumer Services. Trees shall be a species having an average nature
crown spread of no less than thirty (30) feet in Northeast Florida Trees
shall have a minimum two (2) inch caliper and a minimum of ten (10) feet
in overall height
(2) Existing trees, three (3) inch caliper or greater, which are not protected
trees or transplanted, may be utilized to satisfy tree replacement
requirements, subject to the conditions stated in Section 23 17, 5
(3) New, preserved non-protected, or transplanted oaks used as replacement
for removed protected oaks shall be four (4) inch caliper or greater
(4) Existing protected trees which would otherwise be removed from the site
because of development, may be utilized to satisfy tree replacement
requirements if transplanted to a location on the site which meets the
requirements o(Section 23.17, 5.
(5) If protected tree removal is associated with new development, the name,
size and location of all replacement tree:; shall be shown on the required
landscape plan and such trees shall be installed prior to the final building
inspection and issuance o(the CO Otherwise, the name, size and location
of the required replacement trees shall be shown on the site plan required
for site clearing or tree removal and such trces shall be installed within the
time limit stated on the site clearing or tree removal permit
excluding therefrom preserve areas and water bodies in any
industrial district or public (government) use district.
4. Permit procedure and criteria for tree removal, relocation and replacement of protected
trees.
(a) Permits for site clearing and the removal or relocation of a protected tree shall be
obtained by filing an application Approval of the application by the Tree
Conservation Board and issuance of a permit b}' the Director shall be required
prior to any land clearing or grubbing, prior to any disturbance of the root system
or site development, or prior to the occurrence of any changes to an existing
developed site. The site shall be inspected to inwre compliance with the approved
site plan prior to any additional permits being iswed. Applications for site clearing
and tree removal or relocation shall include the following.
(1) A site plan, at a scale which clearly illustrates the requirements of this
section including the following.
(a) The lot configuration;
(b) The location and identification of existing and proposed improvements,
if any, including structures, water retention areas, paving, grade changes,
utilities, easements, and street rights-of--way or approved private streets;
The location and identit}' by botanical or common name and dbh, of
protected trees to be removed, relocated, or retained:
(d) The location of preserve areas;
(e) The location of ingressiegress comdors and riaging areas;
(f) The location of all temporary protective barriers,
(g) The locaticn of all trees to be used for mitigation credit.
(2) a statement explaining why the protected tree is proposed to be removed or
relocated
(b) An application for a permit for the clearing, removal or relocation of a protected
tree shall be reviewed as designated in 2a above and a decision shall be made
thereon within fifteen (I S) working days after receipt of wch application or by
agreement by both parties to a time frame
Any person, organisation, wciety, association, corporation or agent thereof who
intends to trim, prune, cut, disturb roots, or to deriroy or remove any tree from a
public easement, public property or right-of--way shall obtain a perntit from the
Director. All work shall be conducted in strict accordance with the Nazional
.4rborist Association Pruning Standards for Shade Trees, the American National
Standards for Tree Care Operations (ANSI #2133 I ), and any additional
conditions of said permit The City and its franchise agents are exempt from
obtaining a permit to remove. trim, prune, cut, or disturb roots of any tree within a
public easement or right-of-way
dwelling or a mobile home on an individual lot is located unless a pernit
for development, redevelopment, or renovation, valued at SI0,000 or
more, is require, or anticipated within six months following tree removal;
12) Any tree located in botanical gardens or in state-approved or government
nurseries and groves which are grown for sale or public purpose,
(3) Any tree that poses imminent danger to the public health, welfare or safety,
and requires immediate removal without delay. In wch instances, verbal
authorisation to remove a protected tree may be given by the Director
During the period of an emergency wch as a humvane, Flood or any other natural
disaster, the requirements of this section may be temporarily waived by the
Director, w [hat private or public work to restore order in the City will in no way
be hampered.
3. Minimum tree standards
(a) Minimum tree standards shall apply to all lots effected by permitted development,
redevelopment, or renovation valued at S 10,000 or more.
(b) Unless otherwise provided in this seMioq a minimum number of trees shall be
planted or preserved upon each site, purwant to the following standards which are
the minimum requirements for landscaping within the City oC Atlantic Beach.
Trees shall not be placed where they interfere with site drainage or where [hty will
require frequent pruning in order to avoid interferrnce with overhead power lines
(I) Minimum tree planting requirements for all residemially coned property
upon which either asingle-family dwelling or a mobile home on an
individual lot is located or to be located. One (1) 4-inch caliper tree shall
be planted and/or preserved for every twenty-five hundred (2,500) square
feet of lot area, or portion thereof, excluding therefrom preserve areas and
water bodies. Preserving protected trees will offset this requiremrnt. No
more than fifteen (15) new trees or a total of 60 inches DBH shall be
required to be planted and/or preserved on atry lot.
(2? Minimum tree planting requirements for all non-residemial coned property
upon which either asingle-family dwelling or a mobile home on an
individual lot is located
(I) One (I) tree shall be planted and/or presmed for every eight
thousand (8,000) square feel of parcel area or portion thereof,
excluding therefrom presm~e areas and water bodies in all
commercial districts, except as otherwise provided herein
(ii) One (1) tree shall be planted and/or preserved (or every ten
thousand (I O,OOfi) square feet of parcel area or portion thereof,
topography or trees
(25) Street "fhe enure width of public right-of--way.
(26) Trey. Any selGsupponing woody plant o(a species which normally grows to an
overall height of a minimum of twelve (12) feet in this area.
(27) Tree removal Any act causing the death and/or elimination of a tree.
(28) Trte Replacement Account. An account created by the City of Atlantic Beach to
be used exclusively for funding public tree planting projects including up to ten
percent (10%) of the cost for general landscape material. Donations to this
account shall be on a voluntary basis and may include monies donated per Section
23-16(13)
(29) Underslory. Assemblages of natural low-level woody, herbaceous, and ground
cover species which exist in the area below the canopy of the trees.
(30) Unique or special chaneteris[ic. A tree of unusual species, configuration, size,
age or historical background, including but not limited to a live oak, cypress or
magnolia tree o(thirty (30) inches or more in DBH.
(31) Vegetation, native: Any plant species with z geographic distribution indigenous
to all or pan of the State of Florida or Atlantic Beach.
Sec 23-17. Tree Protection
/. Applicability. The prosisions of this section shall apply to all protected trees within the City,
unless specifically exempted herein
2. Removal of protected bees prohibited; uceplions.
(a) No person, organiratioq society, association or corporation, or any agent or
representative Ihereo(, directly or indirectly, shall at down, remove, damage or
destroy, or shall authorizx the cutting down, removal, damage, or destruction of
any protected tree, as defined ins 23-16 (20) hereof, or shall wmmit any act or
authorize the commission o(any act which physically removes a protected tree or
causes a tree to die, such as damage inflicted upon the root system by heary
machinery- chemicals or paving, changing the natural grade above the root rystem
and tree damage permitting infection or pest infestation, without first having
obtained a pernit as herein provided
(b) The following protected trees are exempted from the provisions of this section
1 I I Am tree located on any properly upon which either asingle-(amity
(20) Protected tree includes all of the following:
(I) Private protected tree: Any tree on private property with:
(A) with a dbh of six (ti) inches or more located on any lot within
twenty (20) feet of a street rightof--way (including an approved
private street or other access easement) and 20 feet Crom the rear
lot line or located within seven and one-half (7-I/2) feet of any side
property line, or
(B) a tree with a dbh of twenty (20) inches or more located elsewhere
on a residential lot and a tree with a dbh often (10) inches or more
located elsewhere on a commercial or industrial lot-
(2) Public protected tree: Any tree located on lands owned by the City, or
other governmental agencies or authorities, or any land upon which
easements are imposed for the benefit of the City, or other governmental
agencies or authorities, or upon which other ownership control may be
exerted by the Ciry, or other governmental agencies, or authorities,
including rights-of--way, parks, public areas and easements for drainage,
sewer, water and other public utilities, with:
(A) a dbh of six (6) inches or more located within a City or other
governmental rightof--way, or located on any parcel within twenty
(20) feet of a street right-of--way or rear parcel tine, or located on
any parcel withir. seven and one-half (7-U2) feet of any side
property line, or
(B) a dbh often (10) inches or more located elsewhere on the parcel.
(3) E><ceptioml spaimen tree means any tree which is determined by the
City Commission to be of unique and intnnsic value to the general public
because of its size, age, historic association, or ewlogical value or any tree
designated a Florida State Champion, United States Champion or World
Champion by the American Forestry Association. The City Clerk shall
keep a record of all specimen trees so designated and their location.
(21) Protective barrier. A man-made barricade to prevent disturbance of the tree's
growing environment
(22) Public plate All grounds owned by the City.
f23) hazing To scrape, cut or otherwise remove existing trees
(24) Sitt alterations Any manmade change, disturbance or damage to the existing
the intent to, or, in tact does develop said property for any construction (by himself
or others) thereon for which an application for a building permit will ultimately be
required.
(7) Development, redevelopment, renovating: Any conswction for which an
application far a building permit must be made prior to initiation of any
improvement. .Also, in the case of vehicular -use paving, any preparation or
pavement (concrete or asphalt) of a site intended for any type of vehicular use.
(S) Director: Community Development Director
(9) Dominant species The specie occurring most frequently
(10) Driplioe: An imaginary line extending perpendicularly down from the outer-most
branches o(a tree.
(I I) Excavation: The act of digging cutting or scooping soil or in any way changing
the existing grade of the land.
(12) Hazardous. A danger by virtue of location and/or presence of defects
(13) Mitigation: Trees required to be planted on property to replace a percentage of
the trees removed during constmctioq or altema[ely, funds deposited in the Tree
Replacement Account.
(14) Municipal. Of or belonging to the City or it franchised agents.
(I S) Open space: All areas oCnatural plant communities or areas replanted with
vegetation after constmctioq such as re-vegetated natural areas; tree, shrub, hedge
or ground cover planting areas; and lawns, and all other areas required to be
provided as natural ground and landscaping
(16) Park All public parks owned by the City
(17) Positional con0icf. By virtue of its location, the tree's drip line is encroached
upon by site alterations
(18) Preserve area Vegetative areas requred to be preserved under the jurisdiction of
the Florida Department o(Emironmental Regulation, St. Johns River Water
Management District and/or the United States Army Corps of Engineers or other
regulatory agencies
(19) Property ae~ner The person owning the properly as shown i.. the County tax
roles
(d) Promote innovative approaches to the design, installation and maintenance of
trees, thereby encouraging water and energy conservation;
(e) Increase and maimain the value of land by requiring a minimum amount of trees to
be incorporated into development.
(Q Preserve existing natural trees and vegetation where possibly,
(g) Promote the conservation of potable and non-potable water by encouraging the
preservation of existing plant communities, encouraging the planting of natural or
uncultivated areas, encouraging the use of site-specific plant materials;
(h) Establish procedures and standards (or the administration and enforcement of this
pan,
tj) Establish a tree fund for the collection o(monies from mitigation to be used for
planting of trees in areas throughout the City.
Sec. 23-16 Definitions
The following words and phrases, when used herein, shall have the meanings respectively ascribed
to them
(I) Buller yard or strip means a strip o(land, identified on a site plan or by zoning
ordinance requirement, established to protect one type o(land use from another
!and use that may be incompatible. The area is landscaped, maintained and kept in
open space.
(2) Caliper means the trunk diameter of existing or planted trees. Caliper shall be
measured six (v) inches above the ground for trees up to and including four (4)
inches in caliper, and measured twelve (12) inches above the ground for trees
exceeding four (4) inches in caliper.
(3) Construction. Includes erecting structures and buildings, placemem of utilities,
paving, topographical changes and installation of drainage
la) DBfi The diameter breast height measured in inches at 4.5 feet above g: ound
level DBH for multi-wnked trees shall be determined by measuring each trunk
immediately above the (ork and adding the total inches together.
(~1 Designee An appointed representative
lol Developer/builderlcontnctor. Any person. firm or other legal entity that
purchases. agrees to purchase or other vise holds an interest in real property with
ORDINANCE• NO. 95-95-64
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA AMENDING CHAPTER 23,
VEGETATION, ARTICLE 11, TREE PROTECTION,
DELEffNG CERTAIN LANGUAGE AND INSERTING
ADDITIONAL. LANGUAGE, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the City Commission o(Ihe City of Atlantic Beach desires to change the Tree
Preservation Ordinance of the City, and
WHEREAS those changes affect the powers, duties and authority of the Tree
Conservation Board, and
WHEREAS the Tree Conservation Board has suggested certain language modifications
which are included herein, and
WHEREAS the Tree Conservation Board has reviewed this proposed amendment and
supports its adoption in its present form and content,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS.
SECTION I Chapter 23, Article 11 of the Code of Ordinances of the City of Atlantic
Beach is hereby amended to read as follows.
ARTICLE 11 TREE PROTECTION
Sec. 23-1. Declaration of legislative intent and public policy. It is the intent of these
regulations to promote the health, safety and welfare of the currrnt and future residrnts of the
City o(Atlantic Beach by establishing minimum standards for the prote~ion of natural plant
communities, the protection of trees within the City of Atlamic Beach in order to.
(a) Improve the aesthetic appearance of commercial, governmental, industrial, and
residential areas through the protection of trees during developmrn!;
(b) Improve etrvironmental quality by recognivng the numerous benefirial effects of
trees upon the environment,
(c) Provide direct and important physical and psychological benefits to human beings
through the preservation o(trees to reduce noise and glare, and to break up the
monotom~ and soften the harsher aspects of urban development;
n
w~.~/~rs+se Fate
Rate
Fixed Payment 325.000.00
4.89%
9,726.03
Payment bate OulstarWirq Paymera krlere5t P~Pal R°~9
Nunber Principal
Balance M aurM Paid Paid Principal
Balance
12/31195 0.00 325.000.00
1 02A1I96 000.00
325 9,726.03 1,393.32 8,332.71 316,867.29
2 03A1/98 ,
316,88729 9,728.03 1,230.32 8,495.71 308,171.57
3 04A1A8 171.57
308 9.726.03 1,279.88 8,446.15 299.725.43
4 05A11'96 ,
299.725.43 9,728.03 1,204.85 8,521.38 291,204.05
5 06101198 204.05
291 9,728.03 1,209.41 8,518.82 282,887.43
6 07A1198 ,
282,687.13 9,728.03 1,138.17 8,589.86 274,097.57
7 OBA1198 097.57
274 9.726.03 1,138.37 8,587.88 285.509.91
8 08101196 ,
285,509.91 9,728.03 1,102.70 8,823.33 258,888.58
9 t0A1/88 888.58
258 9.728.03 1.032.47 8,883.56 248.193.02
10 11A1198 ,
193.02
248 9,728.03 1,030.78 8,88525 239,497.78
11 1?A1/96 .
497.78
239 9,726.03 962.58 8,763.45 230,734.33
12 01A1197 ,
734.33
230 9.728.03 95827 8,767.78 221.988.58
13 O2A1/87 .
221,966.58 9,726.03 921.86 8,804.17 213,182.41
14 03101197 182.41
213 9,728.03 799.82 8,928.41 204,238.00
15 04A1I97 ,
204,238.00 9,726.03 84822 8,877.81 195,358.19
16 05A1A7 358.19
195 9,728.03 785.18 8,910.85 188,417.34
17 06A1/97 ,
186,417.3/ 9,726.03 77422 8,951.81 177,465.53
1B 07AtA7 165.53
177 9,728.03 71327 9,012.78 188,452.77
19 08A1197 ,
452.77
188 9,728.03 689.81 8,028.42 159,426.35
20 OBA1187 ,
428.35
159 9,726.03 882.12 9,083.91 150,382.14
21 10A7/87 ,
150,362.44 9,726.03 604.33 9,121.70 141,240.74
22 11A1197 240.74
141 9.728.03 586.59 9,139.14 132,101.31
23 12/01197 ,
132,101.31 9,728.03 530.94 8,195.09 122,90621
24 01A1/98 90821
122 9,726.03 510.45 915.58 113,680.63
25 OZ01198 ,
690.63
113 9,726.03 472.17 953.88 104,436.78
28 03A11'98 ,
438.78
104 9,728.03 391.77 9,33426 95,102.51
27 04A1/98 ,
102.51
95 9.728.03 394.98 9,331.05 85.771.18
28 05101198 ,
771.46
85 9,726.03 314.73 9,381.30 78,390.18
29 08101!98 ,
390.16
78 9.726.03 31728 9,408.77 88,981.39
30 07A1198 .
981.39
88 9,728.03 26921 9,458.82 57.524.57
31 08/01/96 .
524.57
57 9,728.03 238.91 8,487.12 48,037.45
32 O9A1I98 ,
48.037.45 9,728.03 199.51 9,528.52 38.510.92
33 10101198 510.92
38 9,728.03 154.78 9,57125 28,839.68
34 11A1/98 .
939.88
28 9,726.03 120.19 9,605.84 19,333.84
35 12A1I98 .
333.84
19 9,726.03 77.71 9,848.32 9,685.51
36 01A1199 ,
9.685.51 9,725.74 40.23 9,685.51 0.00
Request for BIO -Capital Expenditures
Page 2
C Covenants and/or Conditions:
A) Receipt of finandal information:
•The City will submit annual audited finandal statements prepared in
accordance with generally accepted accounting prindpals by the 120th
day following the end of each fiscal year.
•The Ciry will submit its annual budget by the 15th day prior to the
beginning of each fiscal year.
•The City shall also provide the Bank with such other finandal information
as it shall reasonably request from time to time to be submitted to the
Bank ~~ahin a reasonable time period.
D. Interest Rate /Closing Cost /Legal Counsel
•The interest Rate for the proposed $325,000 subject lease loan will be 4.89°h
(qualfied tax-exempt). See enclosed amortization schedule for total debt
service.
•The Bank will dtarge zero ($0) dosing cost and/or fees for this Vansadion
This assumes tha Cites Bond Counsel will provide all documentation and
opinions as per the bid package.
eamett has inducted (added) the Citys estimated Dosing cost of $25,000 in this
request.
•At the Banks option, the Law fine of Mahoney, Adams & Criser, P.A would
provide legal counsel to Bank at no cost to City.
Barnett Bank appredates the opportunity to provide these financing options to the City,
and values our sVong relationship. H there are any questions, please call.
Sincer ly,
~bert A.Bartnovsky
Vice President
Corporate Banking
RABlb
EXHIBIT A
Barnett Sank of JackSOnvilb, NA
Potert a Bartnovsk `~ Nw(h Laura Street (32202)
Vice Presitlert Y Post Oti:ce Bcx 990
Corporate Bank~n Jacksrnv:ue. Flontla 3223 L0990
9 90a/]9 t-]34a
REQUEST FOR BID -CAPITAL EXPENDITURES
(LEASE/PURCHASE)
A Primary Relationship Manager.
Robert A Bartnovsky - vce President /Corporate Banking
After receiving a BS Business degree (Finance) from Florida State University in
1981, I worked for two commercial banks in Denver, Colorado until 1983 where I
received my formal credit and underwriting training. Upon returning to Florida in
1983, I joined Barnett Bank of South Florida, N.A on July 1, 1983. I have spent
the past twelve years with three Barnett affiliates, most recently joining Barnett
Bank of Jacksonville, N.A in March of 1993. My tenure with Barnett Bank has
inUuded Retail Banking Managemrerlt, as well as Middle Market and Corporate
Lending.
B. 1. & $325,000 Lease /Purchase or Loan:
2. A) $300,000 City projec requirements
B) $25,000 City estimated Uosing cost
C) $0 Bank Uosing cost
3. Amortization sUtedule enclosed
4. Prepayment in full will be allowed at any time and in part on any interest
payment date with no penalty or premium.
5. Security -covenant to budget and appropriate legally available non-ad
valorem revenues.
6. The enclosed amortization schedule allows for no kxpitalizetl interest.
SECTION 7. EFFECTIVE DATE. This resolution shall take effect immedialxly upon
its adoption.
PASSED on December 11, 1995.
Approved as to form, sufficiency and
correctness:
City Attorney Mayor/Presiding Officer
ATTEST:
City Clerk
.N ~Il.lr. i,i1:P 111Y.N i~11AY ~ I. p I~~ II 1\pe
.. k .. _ .....y.._. ~..._. e...
necessary or authorized to levy [axes on any real properly of or in the City to pay the lease
payments.
(F) The City does not ezpect to issue more than ten million dollars in [ax-exempt
obligations during the calendar ye:.r ending December 31, 1995.
SECTTON 3. LESSOR'S PROPOSAL ACCEPTED. The Proposal of the li~ssor for [tte
lease purchase of the Equipment, a copy of which is attached hereto as Exhibit A, is hereby
accep[ed by the City.
SECTION 4. LEASE PURCHASE AUTHORIZED. The lease purchase of the
Cquiptrtent is hereby authorized and approved. The Mayor, Vice Mayo:, City Manager, City
Clerk, Ciry Finartce Director and City Attorney are each designated agents of [he City in
conncetion with the execution and delivery of a Lease Purchase Agreement in form acceptable
to the City Attorney. Each are further authorized and empowered, collectively or individually,
upon the advice of the City Attorney, to take all action aM steps to execute and deliver any aM
all instruments, documents or contracts on behalf of the City which are necessary or desirable
in cormection with [tte execution and delivery of Ute Lease Purchase Agreemen[ [o the Lessor.
SECTION 5. DESIGNATION UNDER CODE. The City hereby designaes the lease
as a "qualified tax-exempt obligation" pursuant to Section 265(bN3x6) of the Code. The City
will take all actions necessary (i) to maintain the deductibility of interest expense incurred by
the Lessor to cartY the lease pursuant m Section 265(b)(3)(B) of the Code.
SECTION 6. SEVERABILITY. If any one or more of the covenants, agreements, or
provisions of this resolution should be held contrary to any express provision of law or contrary
to the policy of express law, though not expressly prohibi[ed, or against public policy, or shall
for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall
be null and void and shall be deemed separa[e from the remaining covenants, agreements or
provisions, and in no way affect the validi[y of all other provisions of this resolution or of the
Lease Purchase Agrcement delivered hereunder.
1. N 1/I In i4i:4 I i.W.T'Pll1Ay ,~ I.! I VM1 I: ~~pn
RESOLUTION NO. 9s-ats
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA. APPROVING THE LEASE PURCHASE OF
CERTAIN EQUIPMENT BY THE CITY AND ACCEPTING THE BID OF
BARNETT BANK OF JACKSONVILLE, N. A., FOR SUCH LEASE
PURCHASE; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
TAKE THE NECESSARY ACTION TO ACCOMPLISH THE LEASE
PURCHASE FOR SUCH EQUIPMENT; DESIGNATING THE
LEASE/PURCHASE A "QUALIFIED TAX EXEMPTION OBLIGATION"
PURSUANT TO THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED: AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION AND ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This rewlution is adopted
pursuant to the provisions of Chapter 166, Pan II, Florida Statutes, and other applicable
provisions of law (the "Act").
SECTION 2. FINDINGS. It is hereby found, declared, and determined by the
Commission of the City of Atlantic Beach, Flurida ([he "City'):
(A) It is necessary, desirable and in dte best interests of the City and its inhabitants
mat the City undertake the lease purchase of certain equipment necessary to the operation of the
City and which serves essential public purposes of the City, such equipment to include, in
particular, an 8tx) MHz radio system, city vehicles and computer hardware (the "Equipment").
(B) The City has requested and received proposals from interested financial institutions
and leasing companies and the proposal of Bame[t Bank of Jackwnville, N. A., Jacksonville,
Florida (the "Leswr"j was determined to provide the lowest cost to the City of the proposals
which were properly submitted.
(C) It is necessary to authorize certain officers of the City to execute a Lease Purchase
Agreement between the Ciry and the Lessor and take other action necessary for the completion
of the lease purchase of the Equipment.
(U) In order to obtain the most rcawnable rates (or the lease purchase of the
fiyuipment it is necessary to designate the lease a 'qualified tax exemption obligation' of the
Cit} under the Internal Revenue Cede of 1986, as amended (the "Cale").
IIt) "!he lea:,e shall not constitute a eeneral obligation or indebtedness of the City as
a "Mrtul" within the meaning of any provision of the Constitution of the State, but shall be end
is hereby declared to he a speciah limited obligation of the Cily, payable from the rwn-ad
valorem funds of the Ctty budgeted and appropriate [or such purpose and it will never be
.,~ I~
BID 7J0. 9596-1 - ONE NEW DETECTIVE VEH ICLF. FOR POLICE DEPARTHENT
Mailing List:
Hike Davidson Ford
9560 Atlantic Boulevard
Jacksonville, FL 32225
John Dempsey, Flee[ Manager
725-3060
Hull Chevrolet-Geo
8725 Arlington Expressvay
Jacksonville, FL 32211
Ed Masterson, Sales d Leasing
721-1880
Duval Ford
1616 Cassac Avenue
Jacksonville, FL 32210
Frank Rhodes
388-2144
Garber Chevrolet
500 Orange Avenue
Green Cove Springs, FL 32043
Dan DeVries
(904) 264-4502
Coggin Pontiac
9201 Atlantic Boulevard
Jacksonville, FL 32211
724-2310
P.uddy Pu[chinscn Pontiac
3919 Phillips Nighvay
Jacksonville, Ff. 32207
733-1616
BID N0. 9596-1 - ONE NEw DETECTIVE VEHICLE FOR POLICB DEPARTMENT
Spec if ica [tons:
Tvo-door
Dark Teal Color or Equ ivalenc
3.1 Liter V6 SFI Engine, or Larger
4-Speed Electronically-Controlled Automatic Transmission
Power Steering
Power Brakes
Air Bag
Air-Candi[ioning
ADi/FM Stereo Casse[[c
Pover Nindovs
Power Locks
Remo [e Deck-Lid Release
Pass-Key Thef [-Deterrent Sys [em
Four-Yheel Anti-Lock etaken
heavy-Duty Coolant System
CITY OF
11tla.rtc'c S"eatls - ~lmuda
///'
p.~_._ __._ __ _. _._.-__
Yovember 5, 1995
CITt' OF ATLANTIC BEACH
I$VITATION TO BID
600 SE511NOLE RIHU
ATLAS.TII BEACH, FLOR111A 52)JJ-Sit9
TELEPHO\'E 1901) },fF5600
FA% 19011 111-5605
NOTICE is hereby given [hat the City of Atlantic Beach, Florida, will
receive sealed bids in the Office of the Purchasing Agent, City Hall,
800 Seminole Roa ;, Atlantic Beach, Florida 32233, until 2:00 PM,
Thursday, November 30, 1995, zf ter vh ich time they will be publicly
opened and read aloud Eor ONE KEW DETECTIVE VEHICLE FOR POLICE DEPARTMENT.
Acceptable Hode ls: Pontiac Grand Prix
Chevrolet Lumina Tvo-Door
Ford Mustang
Or Approved Equivalent with sin filar characteristics.
Bids shall be enclosed in an envelope endorsed "BID N0. 9596-1 - ONE
KEN DETECTIVE VEHICLE FOR FJllc~ ;,~: lRTMEHT, TO BE OPEN'eD AFTER 2:00 PH,
THURSDAY, NOVEMBER 30, 1995.'
Bid Forms, and informa [ion regarding [he bid, may be obtained from the
Office of the Purchasing Agent. 800 Seminole Road, Atlantic Beach, Florida,
telephone (904) 247-5818.
1'he City o: Atlantic Beach reserves the right to reject any or all bids
or parts of bids, waive informalities and technic ali[Ses, make award
in whole or par[ with or without coos=, and to make the award in what is
deemed to be in [he best interest of the City of Atlantic Beach.
A person or affiliate who has been places on the convicted vendor list
f olloving a conviction for a public entity crime may not submit a bid on
a contract to provide any goods or services to a public en [1ty, may not
submit a bid on a contract with a public entity for [he cons[ruct2on
or repair of a public building nr public work, may not submit bids on
Leases of real property [o a public entity, may no[ he awarded or perf orn
work as a contractor, supplier, subcontractor, or consultant under a
contract with any public en[it7, and may not transact business with an}'
public entity in excess of the threshold amount provided in Section 287.O1i,
[or CATgb'O RY TWO for a period of 36 months from [he date of being placed nn
the convicted vendor list. (Section 287.133(2)(a), FLORIDA STATUTES.)
Joan LaVake
Pure hosing Agent
* k k k k k** k k k k* k*** k k*# k* k k k*** k* k k t**
FLOY.I UA 7[?tES-1;NIOF: Yiease publish one time on Sunday, November 5, 1995.
Submitted by Joan Lal'ake - 247-5818.
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CITY OF
y~la,rtie 6taek - ~laid~t
aeo tik:Nl.\OLE IttMD
_-_- - ___ _-- ATLA\TIC aE.1LH. FIARDN RD}W5
TELEFNDN E !9 011 211-580 0
!\ FA%!90i121F5805
^ecember 4, 1995
AWARDS COMMITTEE MINUTES
THURSDAY, NOVElBER 30, 1995
The Awards Committee met on Thursday. November 30, 1995, at 2:00 PM, to
receive bid advertised as Bid No. 9596-1 - ONE VEHICLE DETECTIVE
VEN LCLE.
Present at the bid opening were Commissioner John 5. Meserve, Chairman,
Deputy Ci[y Manager Jfm Jazboe, Police Chief David Thompson, Building
Official Don Ford. Police De cec[ive Robert Jackson, and Purchasing
Agent Joan LaVake.
Invitations to Bid were mailed to six (6) prospective bidders, and
the project vas advertised in [he F1orlda Times-Union and appeared in
the Florida Bid Report. Three (3) bids were received as outlined on the
attached bid [abulatlon.
In accordance with the attached memorandum from Police Chief David
Thompson, it is the consensus of the committee that i[ reco®end to [he
City Commission chat i[ accept the bid from Mike Davidson Ford, in the
total amount of 516,350.55, for a 1996 Mustang.
Respectfully,
Joan LaVake, Purchasing Agent
CITY OF ATLANTIC BEACN
CITY COMMISSION MEETING
STAFF REPORT
Agenda hem: Purchase of Detective Car
Submitted by: David E Thompson, Chief of Police
bate: December I, 1995
Background: The general background on the nced for a detective vehicle is attached to this
report, and it diswaces the funding. The purpox of this report is to address the bids and the
recommendation Cor purchasing an appropriate car.
ARer establishing that the department would be better served to purchax a new car rather than a
used car, the detective was asked to identify several cars that would be acceptable, and to
determine the specifications. The information waz provided to the Purchasing Agem who
prepared and advertised the cars for sealed bids. The cars suggested were the Pontiac Grand Prix,
Chevy Lumina, and Ford Mustang. The bids were opened on November 30, 1995_
After examining the bids, it was determined that the Pontiac Grand Prix did rat meet the
specifications. It does not offer an option for a heavy duty cooling system. The next lowest bid
was Crom Mike Davidson Ford who provided pricing fora 1996 Mustang that meets the
specifications for 516350 55.
RECOMMENDATIONS: WE RECOMMEND AWARDING 7T"E BID TO MIKE
DAViDSON FORD FOR 516,350.55.
Attachmrnts: Bid Sheets
Reviewed by CiC Manager:
Agenda Item No.
CITY OF
rQtlaitie b"eac% - ~(otid4
~~
MEMORANDUM
Date: December 4, 1995
To: Chief Thompson
nW St1N1]OLe xUdn
:1T1~1STI1' aEACH. t'LOaIUA aT2'i&`Hi i
'ft:LHPHU\t: ~9fHi 1al~5HG1
eAx iwa~ zrsxos
5lTCIIM KiL.itH10
~i
From: Ann Meuse, Finance Director
i
Subject: 1995/1996 Budget Modification -Purchase of Detective Vehicle
The 1995/7996 budget includes an 58,500 expentliture for a used detective
vehic'e. As you requested, fol:owing is a budget modification which will allow the
General Fund to advance an additional SA,000 for the purchase of a new detective
vehicle at an approximate cost of S16,500 with the intent that the General Fund
be reimbursed by the Police Trust Fund when monies from confiscated properties
are received. As we discussed, the police department is anticipating over 527,000
in funds from confiscated property. These monies are recorded in the Police Trust
Fund in accordance with Florida Statute 932.704.
BUDGET MODIFICATION
Description Account Number B et
Motor Vehicles 001-2003-521-6401 58,500
Transfer From
Folice Trust 001-0000-381-1200 0
Transfer To
General Fund 610-OOGO-581-9101 0
Revised
Budget Difference
516,500 (58,0001
S 8,000 58,000
S 8,000 (58,0001
RESOLUTION NO.95-45
A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers from one fund to another, and
WHEREAS, the nature of budgetary systems and those day to day decisiotts affecting
such budgetary systems require adjustment from time to time.
NOW, THEREFORE., BE IT RESOLVED by the City Commission of the City of
Atlantic Beach, that the attached Budget Adjustment be approved for the 1995-96 budgee
Adopted by the City Commission this 20th day of November, 1995.
Lyman T. Fletcher
Mayor/Presiding Officer
Approved as to form and cortecmess:
Alan C. Jensen, Esquire
City Attomty
A"fTEST:
Maureen King, CMC
city Clerk
CITV OF ATLANTIC BEACH
CITY COM DHSSION MEETING
STAFF REPORT
Agenda Item: Purchase cf Detective Vehicle
Submitted by: David E. Thompson, Chief of Police
Date: December I, 1995
Background: The Police Depanment has a detective position which is specifically dedicated to
narcotics enforcement. Since the position was created almost ten years ago, that detective has
relied on seized vehicles for transportation. He has never bcen iswed a vehicle that was actually
purchased by the department, and has never had a "new" car.
The department's curzen[ seized vehicles are not acceptable for his use. The Honda that he was
driving needs over 51,000 in repairs, the Nissan is falling apart and the air conditioning does not
work, and none of the o[hers are reliable and nondescript enough for his use.
In the 1995-96 budget, the Police Depanment set aside SS,SI')0 for the purchase of a used vehicle
for the narcotics detective. However, after shopping the used car marks, we determined that
purchasing a new car would allow us to assure that the car was up to reasonable standards, and it
would include warranties that would cover the car for years into the future.
The Police Depanmrnt has additional funding oftrn called "contraband forfeiture" money. This is
money that is derived from seizures of drugs, vehicles, cash, or other items used in the
wnunission of crimes. This monty is rmricted by state law and can not be used as general
operating revenue. However, it can be used to purchase a car for a narcotics detective. The
Police Department has seized considerable monty in this area over the past few years. The Police
Depanmrnt is recommrnding the « ansfer of contraband forfeiture funds to cover the additional
vests of a new car for narcotics.
RECOMMENDATION: We recommend that [he City approve a resolution utilizing
contraband forfeiture money to make up the difference in the budgeted funding and the
actual price of the purchase of the new cae_approsimatdy 58,000.
Attachments: f.
Reviewed by City Manager n~~ l~<~
¢rnda Item No.
~~
CITY OF ATLANTIC BEACH
Code Enforcement
Activity Report
DATE-_ FR M: 10/1/95 TO :11/30/95
- -
CODE VIOLATIONS
PREVIOUS
MONTH
PRESENT YEAR TO
MONTH DATE
Abandoned Vehicles CAR I 52
Vehicles Im ounded IMP 1 0 I 1
III all Stored Boatll7ailer BT ~ 4 I_ 11
liousin Cade Yiola[ions SHC 2 I 1 33
Hazardous Conditions HAZ 0 6 I
I
6
Un rmitled Construction PRM 0 _
_
3 I
~
3
Zonin Violation ZON 13 __
__
! 3 I 16
Unlicensed Business LIC 1 1 I 2
Si n Violation SGN 1 2~
3
Over rown V etalion VEG 23 _
I 2 ~ 31
Trash Com lain( TRS 4 ~ 6 I 10
Noise Com lain[ NSE l 0 I 1
Nuisance Com taint NUS 1 0 ~ 1
Hcalth & Safet Hazard
Animal Com taint HEA
ANM 6 1
0 j 2 I 8
0
~
0
Water & Sewer Bill Com taint BIL 0 j __
_
0 I
0
Sewer S stem Com lain! SE\V 1 _
_
1
J 2
Gsrba a GBG 5 -
0
~ 5
Storm WaterlDraina e STM 1 I __
0 7 1
Other Oth. 0 I 0 1 0
TOTAVS j I
Com taints :a Com lianre _
j _
71 1
Number of Complaints Outstanding I 98
Cod_e_ Enforcement Board: j I 1
Ne:t Code Enforcement B
a
rd
meetin h
el
o
d on
Jan ua 9 1996 I
_
_
_
_
_
_
_
Other Activities: ~ - I 1
November 14, 1995 Code Enforcement Meetin I 1 I
Case #0039 - 702 Cavalla Road - in compliance I I
At the su estion of the board the vacant lot East of 702 Cavalla Rd. Lot p3 Stewart Tittle
and Guarant Co. was osted for high weeds and rass on 11/27195 ublic works was
directed to cut the ropert I I I I
I I I 1
I i I I
~ 1 1 i
I 1 I I
I 1 I I
i I I 1
! I I I
Compiled by. Karl Grunewa!d
. ~
cctr a ~tutne ~~o
ctst ~ma Ana
snn ors
ACOmA l7d: CODE ENFORCEMENT MONTHLY REPORT
SUMiT~ lT: KARL W• GRUNEWALD
OAT[: December 5, 1995
{AQ4701~; NOVEMBER 1995 CODE ENFORCEMENT MONTHLY REPORT
V10/~ATIO~i
AT[A0QT5:
RLtlLlim tT CTTT IY~A~s ~~===,-
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CITY OF
~AlaNtie i$eaelc - ~lertda.
wo sF~E auw
~----_.. At1.AMiC tF.1CN. i7,0amM 12U ~-SMS
M B N O R A- N D tl M ru.agwE eye ucnw
Decemb~l~ 1995 suctmour.yu
TO: Jim Jarboe, Deputy City Manager y
FROM: Doa C. Ford, Buildiaq Officisl~C~l
R6: Buildiaq Permits
Please be advised that the following peraSts ware issued in
the moat6 of November, 1995:
T7[PE PERMIT NO.PERMITS PERMIT COST COIISS.VALDATION
hew ein9le Family 6 16,865.86 496,838
New Dupieses 2 6,167.80 89.544
hew Townhouses
Additions/Remodels 11 1,090.00 95,797
Swiam~inq Pools 1 30.00 - 12,761
Commercial/New
Commercial/Remodel
Oaragej Carports
Demolitions (IStezior) 2 100.00
Demolitions (Garage)
Demolitions (Casezcial)
Sheds 1 22.50
Pence 1 10.00
Drivawa~s 1 25.00
eigas 2 41.00
Teats
Trees
Otilitiea 1 25.00
Hells 1 10.00
Roof inq 11 247.50 21,850
Miscellaneous pacaits Suued in comeetion with new
constcuction, additions, remodeling, etc:
Bo. of Parmita Petmit^ Costa
Electrical tl 672.00
Plumbing 17 653.00
Mechanical 28 1.173.50
Inspections performed last month:
Buildiaq Concrete Electrical Plumbing Mechanical Misc.
39 26 45 47 30 3
Occupational License Inspections - 5
INFORMATION COMPILED BS PAT HARRIS - BOILDI110 DEPARTMEIIT
CIlT M p{Yp0 ~O
QZt ~ ~IIIC
tOR Nt
ACOO~ ItOlt Building Permits Report
SOMIltm 1T1 Don C. Ford ~'I
BUT[t 12/1/95
YCtCipypa November 1995 Building Permice Report
ILO~/Og7fAt
AT[IGT~OIf t
RLtIOfp R CITE MV~r 1~dY~ -
-,
CITY OF
~1la.rtc'e b'eacli - ~lou~la
1 XW ak VbULk. NIMD
al l.{\IIC BbN'II. FIAIRIII{R:A-W5
-- H___ -.- __. ._ -_ ____
- - -_'~-i ~...
December 5, 1995
To: Jim Jarboe, Acting City Man ager ~~
(
Fm: Timmy Johnson, Recreation D ,y~~
irector
Re: Usage report, ComnRlnity Cen ter, November '95
Jim, here is a recap cf activity at the Adele Gra9e Community
Center for the month of November, 1995'
GROUP/EVENT i MTGS./ • PEOPLE X TOTAL USE
EVENTS
AA meetings 8 96 g
2B
ABET rehearsals 21 294 23
ABET performances 7 237 17
ABET workshops 12 180 1
Arts d Crafts 1 10 5
Board meetings 5 49 1
Commission workshop 1 12 3
Cribbage/scrabble 6 36
Homeowner's Assoc. 2 40 4
1
LeLecha Group 1 12 4
Reception 1 40 1
State Attys. Ofc. 1 6 2
Teen Council 2 20 1
Travel Group 1 10
TOTALS 1044 100 X
Increase/(Decrease) in total
usage from prior mo nth (131)
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CITY OF
,giea.~ue ~~ - 9e
,y..____ __. _ . _.._.__
To- The Honorable Lvman T. Fletcher
Mayor
From Maureen King
City Clerk
Subjec[ Board Appointments
wa ersu.ot.r: aunx
nrcnnrtc aeux, vtuumn ~zz.u-sus
rrJ.~~na>se tuoa~ uzssao
rnz roar u'/SgpS
November 13, 1995
Please be advised eCthe following boards on which there currently are vacancies or on which
current terms will soon expire
TREE CONSERVATION BOARD -
Tom Frohne resigned in October Mr. Frohne's tenrt would have expired January 31,
1996, so you may wish to make the appointment for a full term in addition to the balance
of the unexpired term, thus the new term would expire January 31, 1999.
The following terms on the Tree Conservation Board will expire January 31, 1996.
Rick Beaver - Mr Beaver has indicated he is willing to serve another term, if appointed
Jim Pelkry - Mr. Pelkey has served two wnsewtive terms and, pursuant to the
ordinance, is not eligible to be reappointed
CULTURALARTSBOARD-
Fd Lane resigned in September
Carson Baillie adwsed the board of her resignation at their meeting on November I5.
1995 (AII terms on the Cultural .4ns Board expire April 30, 19961
COMMIiNITI' DF;Vf;IAPMENT BOARD-
the terms of Don R'olfson and Ltonard H. °Buay^ Grunthal will expire December
31.1991
xc l'itp Cotrunissi°n 3
Secretary 8 hours x 325.00 S 980.00
6. Pay Requests S 780.00
Architect 2 hours x 6 x 565.00
7. Final CompletionlProject Close Out S 1,560.00
Architect 24 hours x 565.00
8. In-house Project Managemern S 2600 00
Architect 2 hours x 20 x S65.00
Total for C.A.litem X3 S 16,190.00
Total for B7, !!2 & A3 S 32,190.00
~:~ „,p~r.,;avrxcnen.F~
2
GEE 1 JEaaOM EnT`K's HJnttu-Banns. Nc • POi MatlaH Cww Va~M. SW i50. Ma9sC. FLrG YI» • 1~0'16lb iBBO • FY (q7) aeo-au
EXHIBIT 'B'
CITY OF ATLANTIC BEACH
FEE BACKUP AND OTHER PROJECT COSTS
PROJECT SCOPE
CONSTRUCTION BUDGET ESTIMATE
FACILITY: Assuming 280 s.f. Remodeling (580/s.f.l 5 22,500.00
Assuming 2,500 s.f. - 1 story 1580/s.f.)'Add'n. 200,000.00'
Conventional Site Work 15%31 10.000.00
Total Building & Site 232,500.00
Contingency @ 7%t 17.500 00
Total Including Cont. S 250,000.00
'NOTE: Does not include spacial foundations, Geetechnical Data is required for determination
of any additional design and construction costs.
Net Professional Fee as a Pereant of Construction Cost:
DGS: Group B $ 20,000.00 = 8.0% (@ 100%1
S 16,000.00 1@ 80%1
(For Design thru Bidding/Items Jt1 & lf21
Construction Administration Fee Back-up:
Preconstructicn Meeting/Prep
1
.
Architect 6 hours x 565.00 S 390.00
2. Shop Drawings
Architect 24 hours
Mechanical 12 hours
Electrical 12 hours
Structural t ho n<
60 hours x 565.00 S 3,900.00
3. Interior/Exterior Finishes Color Board
Architect 4 hours @ 565.00
Technical B hours @ 555.00 S 700.00
4. Field Visits 112 weeks x 8 hours)
(Based an 6 months construction schedule, 2 visits/mo.l
96 hours x 555.00 5 5,280.00
5. Substantial & Punch List
Architect 12 hours x 565.00
Mechanical 12 hours x 565.00
GEE ~ JEtM.AN Enyrens-MCn:eci- P.aners. k . ])~ ~ WrbM Ge~k. CX•waY. Sine tYJ. MaGrq. FbG 3Zr5t • (b]) EGDr9fi0 • Fu (e0)16'idal52
n
o_ eCiC FOR COMPENSATION
HOURLY RATE SCHEDULE EXHIBIT 'A"
1995
SENIOR PRINCIPAL 150
PRINCIPAL 125
SENIOR TECHNICAL SPECIALIST 95
PROJECT MANAGER 85
SENIOR ENG-ARCH-PLNR-BURN 80
ENGINEER-ARCHITECT-PLANNER-SURVEYOR 65
CADD DESIGNER 65
SENIOR DRAFTER -TECHNICIAN 55
CADD DRAFTER 50
DRAFTER -TECHNICIAN 45
FIELD REPRESENTATIVE 55
SECRETARY 30
COMPUTER TECHNICIAN 55
SURVEY CREW
4 PERSON 100
3 PERSON 85
2 PERSON 65
RESEARCH CONSULTANT 45
COMPUTER TIME
CADD WORKSTATIONS -PER HOUR 24
PERSONAL COMPUTERS (PCB) -PER hIOUR 6
RATES EFFECTIVE THROUGH DECEMBER 31, 1995
GEE i JEN+GM E~ms.M:mects.Ftrx+s. inc • JIOt MsYaM Genre. PM'•'M SuSe t50. ~. FVda YlSt . (b1) 5Ebt5~ • Fu (•0~1!!0.2l52
r.~
CITY Of ATLANTIC BEACH
Attn: Chief John J. Ruley
November 6, t 955 -Page 6
Because of the ARCHITECT'S many years of background and experience in design and con-
struction, the ARCHITECT is qualified to make recommendations and designs which, in the
ARCHITECT'S opinion, will meet the needs of the situation. These services will be performed
in accordance with the ARCHITECT'S skill and ability and commensurate with the applicable
standard of care and the economics of the situation. Although the documented components
of the existing structure to be modified can be analyzed, the actual components of the existing
structure cannot be fully determined without deswctive analysis or the ability to perform other
invasive technology or testing.
Acceptance of this proposal may be indicated by the signature of a duty authorized official of
the OWNER in the space provided below. One signed copy of this proposal returned to the
ARCHITECT will serve as an Agreement between the two parties and as Notice to Proceed.
This contract will be binding on the parties hereto and the parties' successors and assigns.
Should this proposal not be accepted within a period of sixty 1601 days from the above date,
it shall become null and void.
Very truly yours, Accepted by:
GEE & JENSON CITY Of ATLANTIC BEACH
gmeers-Archi cts- lann~nc.
mc.Y
James S. English By:
Senior Vice President
JSE/cc
aaF a asrraou e,5„r~,:-avua:-aw.rrs. roc • zro, u.u.,a cave. v>w.+v. s.k ,so. wa.d. ce,w airs, • aml eao,eeo • co fnn eao-ze:z
n
CITY OF ATLANTIC BEACH
Attn: Chief John J. Ruley
November 6, 1995 -Page 5
Accordingly, the ARCHITECT does not guarantee the accuracy of such estimates when
compared to the Contractors' bids or the project construction cost.
Termination
This Agreement may be terminated by either party by giving thirty 1301 days advance written
notice. The ARCHITECT shall be paid for services rendered to the date of termination on the
basis of a reasonable estimate of the portion of services completed prior to termination for any
unpaid reimbursable expenses.
Ownership and Use of Documents
Drawings, specifications, and electronic data files as instruments of service are and shall
remain the property of the ARCHITECT whether the project for which they are made is
executed or not. The OWNER shall be permitted to retain copies, including reproducible
copies, of drawings, specifications, and hard copies of electronic data files for information and
reference in connection with the OWNER's use and occupancy of the project.
The drawings and specifications shall not be used by the OWNER on other projects, for
additions to the project, or for completion of the project by others provided the ARCHITECT
is not in default under this agreement, except by agreement in writing and with appropriate
compensation to the ARCHITECT.
Code and Repulatorv Compliance
The ARCHITECT prepares his work product based on known codes and interpretations and relies
on his experience to evaluate their applicability. Input and comments are often soughi from
authorities having jurisdiction and in many instances, agreements are reached which impact the
work product. When situations arise such as code revisions, changes in interpretations, changes
to agreed upon direction, or work performed before required permds or agency approvals are
received, the ARCHITECT will take appropriate action sultjed to the direction of the OWNER.
Services associated with these situations will be compensated for as additional services.
GEE ~ JENSON trq•te~sA~Uv!ecis aia~rc,s. ar, • 2161 uaiYaM Gent> vasway. S.ne t50. r+an:are. Etypa 321St • Ie0)I6Fl~16E0 • ru IeOt) Fb62a52
CITY OF ATLANTIC BEACH
A[tn: Chief John J. Ruley
November 6, 1995 -Page 4
Services on a project site to evaluate the existing conditions of items such as paving,
structural, architectural, building envelope, roofing, mechanical and/or electrical systems are
limited to identification of observable conditions only. Systems that are not visible to the
observer from within the building envelope or from accessible exterior elements of the project
are not part of the ARCHITECT'S observations. Review of these systems by the ARCHITECT
will only occur when specific and detailed descriptions of the system to be evaluated and the
manner in which access is to be provided is detailed in the Scope of Services. The
ARCHITECT will not be responsible for observing or notifying the OWNER of any conditions
or issues not included in the Scope of Services.
NJhen retained by the OWNER to provide shop drawing and sample review services, as part
of the construction administration phase of a project, the ARCHITECT'S responsibilities are
limited to review for conformance with general design concept as required in the contract
documents only. Specifically excluded from our services are reviews of dimensions,
quantities, sizes, construction details, completeness of drawings and means or materials used
in fabrication or installation.
Modification to the Terms of this Agreement
In the event OWNER issues a Purchase Order or Memorandum or other Instrument covering
the professional services described herein, it is hereby specifically agreed and understood that
such Purchase Order, Memorandum or Instrument is for OWNER internal control purposes only
and any and all terms and conditions contained therein, whether printed or written, shall be
of no force or effect. This contract is the entire contract between the parties and there is no
modification or waiver of any of the terms and conditions herein unless signed by both
parties.
Since the ARCHITECT has no control over the cost of labor and materials or over competitive
bidding and market conditions, the estimates of construction cost provided for herein are for
general information only and are made in accordance with the applicable standard of care.
GEE { JEXSON Erg~sf,chi+cu~Flarr+s. inc • ~)0~ raa~wr~a Cen~w pys.ay. 5~e t50. MaiEa,q. FWAa 32%St • (~0)166D t6~ • iv (~0)I66G2a52
n
CITY OF ATLANTIC BEACH
Attn: Chief John J. Ruley
November 6, 7995 -Page 3
control of the ARCHITECT. Said representation is not, however, a warranty or guarantee that
said services will be completed within such time frame.
Fees [o be P-id
For Items 1 through 2 of the Scope of Services the ARCHITECT shall be paid a lump sum fee
of Sixteen Thousand Dollars (816,000.001.
For Item 3 of the Scope of Services the ARCHITECT shall be paid a lump sum fee of Sixteen
Thousand One Hundred Ninty Dollars (16,790.001 ,based on Exhibit 'B".
In addition to the fees specified above, the ARCHITECT shall be reimbursed for direct
nonsalary expenses, including, but not limited to, data processing, equipment rental,
automobile travel at 80.33 per mile, long distance telephone, subsistence, printing and repro-
duction, plus Florida taxes, if applicable. (Reimbursable costs: 82,500.00, not to exceed.)
OWNER agrees to pay such invoice within the time frame specified in Section 278.70, et seq.,
Florida Statutes, the 'Florida Prompt Payment Act'.
Payments which are not received within sixty 160) calendar days from the date of invoice will
be considered sufficient cause for ARCHITECT to discontinue performing and providing
services until payment in full is received. If ARCHITECT is required to take action to collect
past due invoices, the OWNER will pay all legal fees and costs.
This contract shall be governed by the laws of the State of Florida, and the appropriate venue
for any actions arising out of the agreement would be Jacksonville, Floritla.
If there are items that must be sublet, confirmed, certified or updated, the ARCHITECT shall,
as agent of the OWNER, order the work with the OWNER's approval, and the subcontractor
shall bill the OWNER directly. The OWNER must make payments in accordance with the terms
on the invoice in order not to stop the work. If the ARCHITECT is directed by the OWNER to
handle the subcontract for the OWNER, there will be a fifteen (751 percent charge for han-
dling.
In the event the ARCHITECT is involved in providing services to assist the OWNER in applying
for and processing applications or permits, the fee for such service will not be related to final
approval or denial. All applica:;on or permit fees to agencies, associated with documents
submitted by the ARCHITECT on behalf of the OWNER, shall be paid to the agency by the
OWNER.
GEE i JENSON Enpre4::v~:nects.Nan~cs. ve • 2rOt 6woarq Gm~n OanwaY. Sine t50. 4a6a,y. GbW JIr6t . Ia0r166G 1680. tar (a0>18662852
n
CITY OF ATLANTIC BEACH
Attn: Chief John J. Ruley
November 6, 1995 -Page 2
e. The ARCHITECT, following the OWNER's approval of the Construction
Documents and of the latest preliminary estimate of Construction Cost, shall
assist the OWNER in obtaining bids or negotiated proposals and assist in
awarding and preparing contracts for construction including:
1. Attending pre-bid meeting.
2. Attendance at bid opening.
3. Presentation to Commission
The OWNER shall provide authorization for the ARCHITECT to proceed to the
Bidding/Construction phase
Scope Item X3: Construction Administration
The A/E shall:
a. The ARCHITECT shall review and process Contractor's submittals such as shop
drawings, Product Data and Samples, for the limited purpose of checking for
conformance with information given and the design concept expressed in the
Contract Documents.
b. The ARCHITECT shall visit the site the equivalent of Two (21 visit per month
from the start of construction for six I6ltmonth construction period.
Assist ARCHITECT by furnishing, at no cost to the ARCHITECT, all available pertinent
information including previous reports, surveys, geotechnical reports; all permit application and
governmental inspection fees; and any other data relative to performance of the above services
for the project. It is agreed and understood that the accuracy and veracity of said information
and data may be relied upon by ARCHITECT without independent verification of the same.
Items 1 through 2 of the Scope of Services will be completed within ninety (901 calendar days
after receipt of Notice to Proceed except for delays beyond the reasonable control of the
ARCHITECT. Said representation is not, however, a warranty or guarantee that said services
will be completed within such time frame.
Item 3 of the Scope of Services will be completed within one hundred and eighty (1801
calendar days after receipt of Notice to Proceed except for delays beyond the reasonable
GEE l JENSp1 EMTx~ns-N_MecO~nb.ws. vc • 1 ]0 i MaNyy Como pysway. 5~.k t 50 MrMq, FYyiat u>St . (,0]) Eee IaeG. F~ 1.0]166D1%2
n
November 6, 7 995
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Attn: Chief John J. Ruley, Fire Chief
Re: Public Safety Building Renovations & 2,500 S. F. Addition
1 85-663 1
Gentlemen:
GEE & JENSON
E,y.r~,.arnrtxts P:arv~s, irc
2rCi rM.:zra Cen;r aar..xar. Sme i50
Ilaa~3~d_ FL 32]5 ~
ieie0 ~faC'1 fia'0.tfif0
Ea. r-vi cso.zesz
We are pleased to submit the following proposal for professional services in connection with
the Public Safety Building Renovations & 2,500 s.f. addition.
Gee & Jenson Engineers-Architects-Planners, Inc., hereinafter referred to as the ARCHITECT,
proposes to furnish professional services for the City of Atlantic Beach, Florida, hereinafter
referred to as the OWNER for the scope outlined below for the fees stipulated herein.
The ARCHITECT will perform the following:
Scope Item N7: Design Development Phase
The A/E shall:
a. Review the OWNER's program.
b. Develop a schedule, construction budget, and prepare documents for OWNER's
approval, and Design Development Presenta[icn to Commission
c. Review code requirements and geotechnical data IsuDPlied by OWNERI.
d. Provide five 151 sets of Design Development documents, outline specifications
and initial cost estimate. The OWNER shall provide review comments and
notice to proceed to the next phase.
Scope Item p2: Construction Documents and Bidding
The A/E shall:
a. Prepare final Construction IBidl Documents incorporating any adjustments to the
plans as required from the previous phase review process.
b. Advise the OWNER of any adjustments to the preliminary cost estimate.
c. Assist the OWNER in the bidding process.
d. Provide five 151 sets of Construction Document plans, specifications and any
adjustments to the cost estimate.
CITY OF ATLANTIC: BEACH
CITV COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposal from Gee and Jensen Engineers-Arcititecis-Planners, Inc. for
Public Safety Building Remodeling and Addition
Submitted by: Uavid E. Thompson, Chief of Poli e
Date December 4, 1995
Background: The City haz recognized the necessity to make changes and additions to the
Public Safety Building. Funding waz included in [he 1994-95 budget for these changes, but the
money was not seem due to a variety of factors. For the 1995-96 budget, $237,000 was
identified to make the necessary improvements for Police and Fire operations.
Under the Consultants Competitive Negotiations Act, the City Commission authorized staff to
negotiate with Gee and Jensen to determine fees for their services. A wpy of their proposed
contract is attached to this report for your review. If we add the costs of their services (532,190)
to the estimated costs of the building ($250,000) it totals $282,190. This exceeds the budgeted
figures by a significant amount.
There is another option available to the City that has the potential to reduce costs and accomplish
the proposed building construction. It is generally referred to az a "DesignBuild" concept This
may be understood az the combination of architecturaUengineering services with the comracting
work. The City would bid the project to include the design work az well az the construction.
This eliminates the necessity for contracting separately with an architect. This has been explored
by City Staff and several companies have indicated that they would be able to provide these
services, and they would be interested in submitting bids if we choose [o pursue this option
At this time, there is no signed contract with Gee and Jensen, and there is nothing to prevent us
from further pursuing this idea. However, since the City Commission authorized City
negotiations with Gee and Jensen, City riaff would like guidance and approval from the City
Commission before they proceed. If [he City Commission accepts the recommendation below,
then there will be no need to take any anion on the Gee and Jenson contract at this time.
RECOMMENDATIONS: R"E RECOMMEND TNAT CITY STAFF BE AUTHORIZED
TO DEVELOP AND ADVERTISE BIDS FOR THE DESIGN AND CONSTRUCTION OF
THF. Pl1BLIC SAFETY BUILDING IMPROVEMENTS AND EXPANSION.
.AT"fA('ItMENTS. Pwposed contract from Gee and ensen
Reviewed by ('ity Manager _ _
Agenda Item No "3 O
~.
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Atlantic Neach YM(:A 1'lay~,vm
In[a11t - Sj7,INN1
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rkliul. phlnle.dc LSIq
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1:11111KL 111.41
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Thu blulycl rc9on is sylil o1TfNm IIK Ipnl Yht('A bf I'kaida'a 7rm fmn nnnval INrdRp. f7ur (pal associn-
Iron bwll» for I'NN i; tin, U5 ?jJ. This inchldes inannc from all A ofqu Wnnd«x in the Pim ('rUSI alrn
TIK I(nil lad~p Is Ixdilal :umoNlh~ be Suva-. nar•is R Nison. ('cnifwl Mdllic AccplmNlns. A cop• o(Ilns
a/n/da(ll K a1:ndJ • Io )ra1. MM/n it a tall brnkcv dcm-n in dN: fOnINN )ql rpppn W
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fAtl Aran
Plan[ _ _
\'?.1('A of t InrlJa's Flan ('my
Mi,.dan SlNsxnent:
Tir yul Chri.mm~ pr'iurvp/ra ppu prurlirr lhmngh pmgrunrt
rlw! budJ Iwnllhr lnds. mind (md apiri/ fiq nll.
(h) Indemnify and hold the City harmless from any and
all claims, damages, causes of action, and the like, including an
costs or attorney's fees incurred by the City.
Y
(i) Allow no discrimination based on race, sex,
religion, national origin, disability or otherwise.
age,
4• BPECIar C~O~I_ TlOlta:
s ecif yn (a) Renter shall provide City a certificate of insurance
p Y~ g the exact coverage and naming the City as an additional
insured.
utilities (b) Renter shall be responsible for all of its own
telephone service and furnishings, and shall maintain
the Facility in a neat and clean conditicn.
5• Renter acknowledges that its use of the Facility as set
forth herein is not exclusive and that said Facility is available
for use by other persons, groups and organizations.
understanding between the partiesfand tthere aretno oth~ agreements
or understandings except as set forth herein.
and offi cial~seal s$Fat Atlantic Beach Duval Countto set their hands
date first above written. Y, Florida, on the
CITY OF ATLANTIC BEACH
Y.M.C.A. OF FI.oRIDA'S FIRST
COAST
By
~__, City Manager
"CITY"
"RENTP.i<"
APPROVED AS TO FORM AND CORRECTNESS:
Alan C. Jens±n, Esq.
City Attorney
CITY OF ATLANTIC BEACH
R~ CONTRACT FOR PDBLIC PACILITI88
AGREEMENT made and entered into this day of
1995, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a
municipal corporation (hereinafter "City"), and Y.M.C. A. OF
FLORZDA'8 PIRST COAST, of Jacksonville, Florida (hereinafter
"Renter").
AHEREAB, Renter desires to use the Atlantic Beach public
facility known as the Jack Russell Park Modular Building (herein-
after "Facility") for a period of twelve (12) months, and it is
therefore
AGREED as follows:
i. TERN; City agrees to rent to Renter the Facility from
Oc[o6e[ 1. 1995 to $entem6 30 1996
2. RENT/FEE: Renter, in exchange for the use of the
Facility, shall pay to City a fee of s/a per month. No fee
shall be charged if the Facility is to be used for a non-profit
use, unless this agreement is for a long contract and, in that
event, any fee shall be negotiated with the City's city manager.
3. TERMS AND CONDITIONS: Renter shall comply and agrees to
be bound by the following terms and conditions:
(a) Payment to City of a $50.00 refundable security-
cleaning deposit, which sum shall be paid prior to use of the
Facility.
(b) There shall be no use of alcoholic beverages of any
kind on City property, including public facilities.
(c) No fees or admission costs shall be charged to the
public unless approved in writing by the City's city manager.
(d) In the event the city manager approves the charging
of fees or admission costs to the public, as allowed in subpara-
graph (c) above, then Renter shall furnish the City with a current
financial statement prior to its use of the Facility.
(e) Insure compliance with all city, state and federal
laws.
(f) Provide insurance as specified and required by the
City's city manager.
(g) Comply with all special conditions as set forth
below.
CITY OF ATLANTIC BFACU
CITY COMMISSION MFITINC
STAFF Rf]'ORT
AG!iN UA: Authorize execution of contract between the City and [he YHCA
SUI3M I'1"1'IiU BY: Timmy Johnson, Recreation Director
UA'fli: December 5. 1995
DACK(:RUUNU: In recent years, the City of Atlantic Beach has given the
YMCA authorization [o use the City facility located in
Russell Park, on a contractual basis (one year). Because
the term of this con[ratt has pas[, this contract needs
[o be reviewed, Chen renewed of denied.
RFCUA1AfIiNUA77UN: The Recreation Advisory Board reviered [he contract
and unanimously recommend the Commission renew the
contract with [he YMCA.
S[a(( recommends [he same.
A'I'1'ACIIAfIiN'fS: 1. Contract
2. Financial Statenen[
KIiVIpWGU DY CI"I'Y MANAGfiR:
A GIN UA I"1'IiAt NU. ) ~_
REVENUE
Gilts grants and -
contributions
Gross receipts from
theatre sales
TOTAL REVENUE
EXPENSES
Salaries and Wages
Occupancy
Other Expenses
Office & Admin
Production
Miscellaneous
Urama Camps
Equipment
MainURepair/Mist
TO'I~AL EXPF-,NSES
NEI' INCOME
1994 199s
As of ]0/1
511,667 S 2,225
31,461 34,780
543,128 537,005
57,31s 56,400
300 1,000
Fiscal Budget
9/1/95 - 8/31/96
5 l,soo
39,630
541,130
59,300
1,200
2,017 1,111 1,860
G,4s8 4,973 12,191
2,206 3,032 1,880
G,807 10,976
525,103 527,442
b18,025 59,563
7,830
6,869
541,130
5-0-
,
r . `~~
(h) Indemnify and hold the City harmless from any and
all claims, damages, causes of action, and the like, including any
costs or attorney's fees incurred by the City.
(i) ALlow no discrimination based on race, sex, age,
religion, national origin, disability or otherwise.
4. SPECIAL CONDITION6:
(a) City shall provide the Facility in good condition
and shall maintain and make any necessary repairs as may be needed
thereto.
(b) Renter shall make no changes, modifications or
replacements to the Facility without the express written consent of
the City's city manager or his authorized designee.
(c) Renter shall be responsible for its own telephone
service and furnishings, and shall maintain the Facility in a neat
and clean condition.
(d) The monthly fee set forth in paragraph 2 above shall
be used towards the provision of insurance by City as delineated in
paragraph 3(f) above.
(e) Renter acknowledges that it operates under the
auspices of City and that r_ity retains management rights.
5. Renter acknowledges that its use of the Facility as set
forth herein is not exclusive and that said Facility is available
for use by other persons, groups and organizations.
6. This agreement sets forth the entire agreement and
understanding between the parties and there are no other agreements
or understandings except as set forth herein.
IN WITNESS IfHEREOF, the parties have hereunto set their hands
and official seals at Atlantic Beach, Duval County, Florida, on the
date first above written.
CITY OF ATLANTIC BEACH ATLANTIC BEACH EXPERIMENTAL
THEATRE, INC.
By By
City Manager
"CITY"
APPROVED AS TO FOFJ9 AND CORRECTNESS:
Its
^RENTER^
Alan C. Jensen, Esq.
City Attorney
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PDBLIC FACILITIES
AGREENENT made and entered into this day of
1995, by and between the CITY OF ATLANTIC REACH, YLORIDA, a
municipal corporation (hereinafter "City^), and ATLANTIC REACH
EYPERINENTAL THEATRE, INC., a Florida not-for-profit Corporation
(hereinafter "Renter").
itHEREAB, Renter desires to use the Atlantic Beach public
facility, front lobby area and two adjacent offices (former city
manager and secretary office and former parks and recreation
director's office), known as the Adele Grage Community Center
(hereinafter "Facility") for a period of twelve (12) months, and it
is therefore
AGREED as follows:
1. TERN: City agrees *~~ rent to Renter the Facility from
October 1. 1995 to Se"temher ~O. 199fi
2. RENT/PEe: Renter, in exchange for the use of the
Facility, shall pay to City a fee of $100.00 per month. No fee
shall be charged if the Facility is to be used for a non-profit
use, unless this agreement is for a long contract and, in that
event, any fee shall be negotiated with the City's city manager.
3. TERNS AND CONDZTIONB: Renter shall comply and agrees to
be bound by the following terms and conditions:
(a) Payment to City of a $50.00 refundable security-
cleaning deposit, which sum shall be paid prior to use of the
Facility.
(b) There shall be no use of alcoholic beverages of any
kind on City property, including public facilities, unless specif-
ically approved as provided by the Atlantic Beach Municipal Code.
(c) No fees or admission costs shall be charged to the
public unless approved in writing by the City's city manager.
(d) In the event the city manager approves the charging
of fees or admission costs to the public, as alloyed in subpara-
grap~~ (c) above, then Renter shall furnish the City with a current
financial statement prior to its use of the Facility.
(e) Insure compliance with all city, state and federal
laws.
(f) Provide insurance as specified and required by the
City's city manager.
(g) Comply with all special conditions as set forth
below.
CITY OF ATLANTIC tlfACll
CITY COMMISSION MCL•TING
STAFF REPORT
AGIiNUA: Au[hori~e execution of Contract between [he City and ABET
SUBA11'I'1'EU 6Y: Timmy Johnson, Recreation Director
UKl1 December 5, 1995
UACKGROUNU: In recent years, the City of Atlantic Beth has given
ABET authorization to use the Adele Grage Community
Center auditorium and [vo offices located within [he
Community Center, on a contractual basis (one year).
Becaase the term of this contract has pas[, this ton-
[ract needs [0 6e reviewed, Chen renewed or denied.
RGCUMAt1iN UATIUN: The Necreation Advisory Board reviewed the contract
and unanimously recommend the Commission renew the
contract with ABET.
Staff recommends [he same.
AT1'AC'1IMENTS: 1. Con[ratt
Z• FSnanclal Statement
Ii IlVIFWIiU BY CITY MANAGER: ~~~ /1
AGENDA 1'I'IiM NU. ~r7
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.~. ~:e D.:ooPrcv. and
w"=F':.`. :.:.' `~~ Turtle would li::e to extend
fence cr.:. ~n ti1F Alien? S; a srra! i portion of its
_ _ reet riah''°r-ca: Ls~ serure its orooer-_v
t i f.~ ::_. :t :' ~. .irl lil t i' .i. r'r. P, .
a r~q - 55 an^ 20 Dr2 Vent Un51Qht:": aDDaa'altrp.
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~~~~~ T~''F:r"'~ 6e' IT RESOLVED EY TH F. CSTY COMM.i SSi Oti OF THE
CIT"s CF ATLAKTIC BEACH. FLORIDA. AS FCLLOU=:
SECTi Oti 1. The City Manaoer is directed to review the
Diovosed action= c' ail concerned Cit, usoa rtmenis, Ali
apprc-. ,-,ate _. orn,at?or. t+:ii ... forwa: <1 e,: .;, -t;e City Att01'nPV ror
~:: I:f _l_.l: -i~C .. Y.tt
necessacv ieoa: act: _••• - .= d; res;.-c co ta,:- -:,e
C.'. to ZiLa!12<_ ::CLa:.Oe
acnui si rion o: easements. `~`~ o[ cr cnarty ar,d
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C°mr.is: ~cn's Fc;.~~. ~Or =red Le carry out the
by si an_nn a17 ieea; documents a= Dre°ared by
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.. - . ... 'I i. ,-~
t) ResohRion~5.g1 ~~
2) Maps s~~roperty parc~jej~ls~ and apps
REVIEWED BY CITY MANAGER: ~~(~
J
AGENDA ITEM NO.
n~<i^~C •7
X12-'~ IL l.(~C5
STAFF REPQgT
AGENDA ITEM: Property exchange with Sea Turtle Inn
SUBMITTED BY: George Worley II, Community Development Director ~/~~
DATE: November 20, 1995
BACKGROUND:
Mr. Adeeb, owner of the Sea Turtle Inn contacted the City with a request to
exchange a tract of land rxWer his owmenhip for a smex portion of the street end Right-
of-Way of Ahem Street. The trail of land which Mr. Adeeb proposes to give to the city
contains the west half of the pavertterx of Beach Avenue between Ahem Street and Fast
Street. The property Mr. Adeeb requests in exchange is a portion of the right-of--way of
Ahem street which aes adjacent to his fenced dumpster encbsure. This property wdtl
allow Mr. Adeeb to extend his fence to tuNy secure Me dumpster. Both parcels are
shown on the attached maps.
In a separate, but, related matter, Mr. Adeeb has asked permission to discontinue
the use of one of the driveways on each aide of the rigM-0i way or Ahem street. lire
drnreways are wrreMy bordered by pWnted areas which 6e within the right-o~way. Mr.
Adeeb proposes to reconstruct the curbs to leave ony one driveway cut arto each
parking lot.
In addRion to the above, Mr. Adeeb has offered to grant an easernem to the City
to permit access to and mair[enance of a storm water 6ne that crosses the southwest
comer of his property and a portion of the newly crxutructed meter vauG
RECOMMENDATION:
Staff recommends that the CRy Commission approve the exchange of property as
requested by Mr. Adeeb subject to all legal documents being prepared by [he City
Attorney, and to authorize through the attached ResoxRion Mrrtrber 95-43, the Mayor and
City Manager to execute those docunents on behalf of the Cay. Staff Turther
recommends that the City Commission authorize Mr. Adeeb to reconfigure the curbs on
Ahem Street as shown on the attached sketch subject to his close coordination wah the
City Manager, the Public Works Director, and the Police and Fire Chiefs
ATTACHMENTS:
/j
Minutes, Fagz IU
November 27. 1995
There being tto further business the Mayor adjourned the mceting at
9:05 p m
Lyman T. Fletcher
MayorNresiding Officer
ATTEST:
Maureen King
City Clerk
NAME OF
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Minutes, page 9
November 27, 1995
NAME OF I v Y
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to upgrade the communications for all City departments. COMMRS. M S Y N
Motion: Authorize upgrading all Ciry communications MESExvE
equipment to 800 MHZ, requiring coordination with
Jacksonville; pricing on the
di x
REED x
RoSEN
ra
os covered through an
ezistiog bid in Coy County in accordance with Pallan aLOOM X x
sMAUCxnessY x x
s
Associates FLETCHER x
Following brief discussion the question was called and the motion carried
unanimously.
7 City Mana~r Reports and/or Coma d
Jtm Jarboe explained the south pump at B Lift Station developed problems
and had to be re
laced
A f
p
.
axed quote had been received from Gruhn May
for 55,584, and two other quotes had be
en received for $6,500. Mr. Jarboe
explained staff had requested another quote but would
t
i
no
rece
ve it until
November 28, 1995. He asked the Commission to authorize this
expenditure.
MESexve x x
Motion: Authorize city stag to accept the best quote for X
xose
emergency rcplacemeot of pump at B Lift Sution aaLOOM x
sxAUGMNESSY x
Following a brief discussion the question was called and the motion carried FLETCNER x
unanimously.
Mr. Jarboe announced from now on s[aB meetings would be held the
Tuesday following every Commission meeting, and the purpose would be to
discuss direction and action from Comnssion meetings.
Commissioner Meserve asked that a Shade Meeting be set for the purpose
of discussing the contract between the City of Atlantic Beach and
Professional Fire Fighters of Jacksonville Beach, Local 2622, and Mayor
Fletcher asked City Clerk Maureen King to arrange a meeting.
Mayor Fletcher announced there would be a Tree Lighting ceremony
December 7, 1995 at lack Russell Park
Minutes, Page 8
November 27, 1995
NAME OF
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1lfotion: Approve [he low bid of 5680,000 for Water MESERVE x %
Treatment Plant No. 3 Improvement Project which REED X x
included the construUion of the third well at Assisi Lane SHAUGHNESS Y x
Following discussion, the question was called and the motion carried FLETCHER g
unanimously.
N. Appoin[menu to Cultural Arcs Board (2) and Tree
Conservatiov Board (I) (this was withdrawn from the
agenda)
1. Approve Change Order No. I in the Atlantic Beach
Wastewater Tratmenl Plant Ezpansion Project in the
increased amount of 5l 1,%7.69
Bob Kosoy explained since the beginning of the 54,003,739 construction
project there had been two minor deletions and one minor addition to the
scope of work. These items resulted in a net credit to [he City of S1,U10.35.
Mr. Kosoy indicated staff was requesting a price from the Contractor to
connect the exiuing discharge piping at the South static screen to the West
discharge line at the existing grit chamber. The price wbmitted for this work
was 512,978.04, and it was explained the installation of this 14" diameter
piping would provide the relief during Flooding conditions.
Motion: Accept Change Order Number 1 for Net nESERVe x x
Increax t0 Cootncl of $11,%7,69 to the AtLntic Beach REED
ROSENBLODM
X x i
x
Wastewater Treatment Plant E:pansioa Project SHAUGHNESSY x
FLETCHER x
Following brief discussion the question was called and the motion carried
unanimously.
J. Action on the recommendation of Pallans Assoriata to
upgrade the city's communications equipment to 800
MH7.
Uavid 1"hompsoq Police Chief, explained the City o(Atlantic Beach was
experiencing problems in terms of communications for its various
departments and a comprehensive approach was needed to assess the
existing system and plan for the future Due to the many changes in field of
communications and the technical expertise necessary for determining the
\linutes, PaLC 7
November 27. 1995
NAME Of
COMMAS.
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Substitute Motion: Defer action on ratification of MESERVf
REED
x x X
x
contract between the City of Atlantic Beach and ROSENBLOOM x
Professional Fire Fighters of Jacksonville Beach, Local stwucxNESS x
2622 until the meeting o(December 11, 1995 FLETCHER x
Under discussion, it was felt by some Commissioners that this was an
extremely important decision and should be deffered. New members felt
they needed more information as well as time to discuss the contract
Commissioner Shaughnessy explained the contract was part of the agenda
packet and thus was public record. She suggested discussing the contract
and taking action, and she reminded everyone that the contract should have
been in place October I, 1995.
The question was called on the motion to defer anion until the meeting of
December 11, 1995 and the vote resulted in 4-I with Mayor Fletcher voting
nay. The motion varied.
F. Accept bid of Beath Construction Company, Inc., for
Water Treatmrnt Plant IVo. 3 Improvements and Third
Well at Assisi Lane, pursuant to the specifications of Bid
No. 9495-t6
Jim Jarboe, Deputy City Manager, explained the bid opening for this
project was scheduled originally for July 27, 1995. Only two contractors
were prequalified and one of the contractors advised the City on July 26,
1995 that their firm would not be bidding on the project. Therefore, the bid
opening was canceled and the staff met with the design engineer to rework
the bid package. The bid package was reworked and five contractors were
prequalified, with bids being opened on October 19, 1995_ When the
improvements were initially proposed several yea; s ago, it was estimated
Water Treatment Plant Improvements would cost $600,000 and the third
well at the plant would cost $68,400. Additional items were required by the
Florida Department of Environmental Protection, however, and these added
an additional cost o($26,tN10 to the project.
11r Jarboe indicated staff was recommending that the Commission approve
the low bid of $68~ OtN) for Water "IYeatment Plant No 3 Improvement
Project which included the conswction of the third well at Assisi lane.
Minutes, Page G
November 27 1995
NAME OF
COMMITS.
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MESERVE X X
REEU % % ~
MOIIOn: .4ppros'e taefutlon of eOnlraC[ between the City ROSF.NBLOOM
SNAUGNNESS X
X
and Btathes Habitat FLE1'CHF.R X
Following brief discussion the question was called and the motion carried
unanimously.
D. Authorize ezecution of contract between the city and
YMCA (this was removed from the agenda)
E. Ratify contract behveen the City of Atlantic Beach and
Professional Firc Fighters of dacksonvi0e Beach, Local
2622 MESERVE
Mo[ioo: Ratify contract between the City of Atlantic REED
ROSENRLOOM
Beach and Professionil Firc Fighters of Jacksonville sxaucttNESSY x
Beach, Loca12622 FLEiCHER %
Commissioner Shaughnessy explarned this was a three year contract with no
openers. She indicated the contract waz generous because the Fire
Department salaries had lagged behind neighboring communities. She felt
the Firefighters were hard working and had an excellent rewrd for
responding to emergencies in the Community.
It was felt by some Commissioners that action on the matter should be
deferred because of the following reasons.
...the Commission had not had an opportunity to discuss the contract.
...the contract had not been typed in its final form and waz diffualt to
understand.
...contracts for Police and general employees should also be reviewed for
equity.
.. new commissioners reminded everyone that they had not had an
opportunity to review the contract or to provide input
Mayor Fletcher (elt it was favorable (or the city to have a three year contract
with no openers. He also felt it was time to recognize the comributions of
the firefighters
Minutes, Page 5
November 27, 1995
LANGUAGE AND INSERTING ADDITIONAL LANGUAGE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Ordinance No. 95-95-65.
Motion: Approve passage of Ordieaoee No. 9595.65 00
its first readieg and set public hearing for December l 1,
1995
Following brief discussion the question was called and the nation carried
unanimously.
6. New Basioess•
A. Authorize e:ecutioo of eoetnct between the City and
Atlantic Beach Experimenhl Theater (ABET) (this was
withdrawn from the agenda)
B. Aethoriu esecutao of eoetnct beMeen the City and
Atlantic Beach Athletic Asaociatao
Timmy Johnson, Recreation Director, explained The Recreation Advisory
Board and staff reviewed the contras and unanimously recommended the
Commission offer ABAA a new Contract with the condition that Staff
monitor and make sure the contras holder abides by the terms and
obligations of the wntras.
Motion: Approve esecntion of contract between [he City
and Atlantic Beach Athletic Assocaton
When askod ±f the ABAA had Pontished the city a financia! statement,
Woody Richardson, representing ABAA, advised the Association would be
happy to provide a financial statemem to the City.
The question was called and the nation carried unanimously.
C. Authorze tsecuiioe of coetns Ixtwten the city and
Beaches Habitat
Timmy Johnson advised the Recreation Advisory and staff reviewed the
contras and unarurtausly recommended that the Commission offer Beaches
habitat a new contract
NAME OF
COMMRS.
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RESERVE X X
REED %
ROSENBLOOH %
SNAUGHNESSY X X
FLETCHER X
HF.SERVE x
REED X
ROSENBLlX1H X X
sHauctu+essY x x
FLETCHER x
Minutes, Page 4
November 27, 1995
NAME OF
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Mayor Fletcher presented in full, in writing, Ordinance No. 35-95-10, said
ordinance having been posted in accordance with Charter requirements.
The Mayor opened the floor for a public hearing and invited comments from
the audience. Since no one wished to speak the Mayor closed the public
hearing.
RESERVE % X
Motion: Adopt Ordinance No. 35-9SI0 on its fiml REED
ROSENaLOON
X X
x
reading SHAUGHNESS X
During disussion the following matters were explained: FLETCHER X
...that it would be possible for the City to cam limited arbitrage.
...that there would be no penalty for the loan to be paid back if projects
were not undertaken.
...than the Ioan was for general government improvements and the city was
not bound by the items listed.
Following brief discussion the question was called and the motion cartied
unanimously.
B. Ordinance No. 9595-6q -First Reading
AN ORDINANCE OF TBE CFfY OF ATLANTIC BEACH,
FLORIDA AMENDING CHAPTER 23, VEGETATION, ARTICLE II,
TREE PROTECTTON; DELETING CERTAIN LANGUAGE AND
INSERTING ADDITIONAL LANGUAGE; PROVIDING FOR
SEVERABH.FFY; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Fletcher presented in full, N writing, Ordinance No. 95-95-64.
Motion: Approve passage of Ordioaaee No. 95-95-6/ on nESeave
REED x x
its tint rdding and set public bearing for December I1,
ROSENSLODN
X
X X .
1995 sxaucxxessY x
FLETCHER X
Following a brief discussion the question was called and the vote resulted in
4-I with Commissioner Reed voting nay. The motion carried.
C. Ordinance No. 9595b5 -First Reading
AN ORDINANCE OF THE CITY OF ATLANTTC BEACH,
F7.ORIDA AMENDING CHAPTER 21, ZONING AND
SUBDIVISION REGULATIONS, ARTICLE IH, ESTABLISHING
D1inutes, Page
November 27, 1995
NAME OF I I i V I Y
-'prstpc' COMMpS. ~ M S ~ N
the question was called and the motion carried unanimously.
B. Resolution No. 9544 - A RESOLUTION OF THE CITY
OF ATLANTIC BEACH, FLORH)A AUTHORIZING
THE DONNER COMMUNITY DEVELOPMENT
CORPORATION TO ACT AS THE CITY'S AGENT IN
THE ADMINISTRATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM;
SETTING OUT THE AREAS OF RESPONSIBILITY
OF THE CITY AND OF THE DCDC
Mayor Fletcher presented in fill, in writing, Resolution No. 95-44.
MESF.RVE
Motion: A REED
pprove passage of Resolution 9544 ROSENBLOG
George Worley explained the Donner Community Development Corporation sHACCxyes
FLETCHER
(DCDC) would oversee all expenditures and projects using CDBG Funds,
and that they would adhere to all guidelines requested by the City o(Atlantic
Beach to enwre the funds were expended and managed appropriately.
Sharette Simpkins, representing the DCDC, indicated the funds were
allocated for the Donner azea and she felt it would be a benefit to the DCDC
in acquiring future funds.
The question was called and the motion carried unanimously.
5. Action on Ordinauces•
A, Ordinance No. 359510 -Public Hearing
AN ORDINANCE OF Tf1E CITY OF ATLANTIC BEACH,
FLORIDA, PROVIDING FOR THE REFINANCING OF A
BALLOON PAYMENT ON THE OUTSTANDING CfIY HALL
LOAN TO THE FIRST MUNICIPAL LOAN COUNCIL AND
FINANCING CERTAIN CAPITAL PROJECTS WITHIN THE CITY;
AUTHORIZING THE BORROWING OF NOT EXCEEDING
$1,200,000 FOR THAT PURPOSE; AUTHORIZING THE DELIVERY
OF A PROMISSORY NOTE IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT EXCEEDING SI,200,f100 TO EVIDENCE THE
OBLIGATION OF THE, CITY TO REPAY SAME; EDGING THE
FORM, DATE, MATURITI', AND INTEREST RATE WITH
RESPECT TO SUCH NOTE; AUTHORIZING FURTHER OFFICIAL
ACTION IN CONNECTION WITH THE DELIVERY OF SUCH
NOTE; AND PROVIDING AN' EFFECTIVE DATE.
Minutes, Page 2
November 27, 1995
B. Acknowledge receipt of Firc Department report for
October 1995
C. Acknowledge receipt of Parks aed Recreation Report
Commissioner Shaughnessy requested that Consent Agrnda Item A be
withdrawn from the Consent Agenda.
A. Aelcnowkdge receipt of Public Works Report
Commissioner Shaughnessy inquired regarding the whedule for spraying
ditches, to which Bob Kowy, Pubhc Works Director, explained there was a
problem with duck weed and spraying had to be done on several occasions.
The Commission accepted and approved the Consrnt Agenda.
4 Ac[ioe oo Rwc-!!..tioec
A. Resolutioo No. 95-43 - A RESOLUTION OF TAE CITY
OF ATLANTIC BEACH, FLORIDA AUTHORIZING
THE CITY MANAGER, CITY ATTORNEY, AND
MAYOR TO TAKE NECESSARY ACTION TO
SECURE THE EXCHANGE OF PROPERTY AND
ACQUISFIION OF EASEMENTS FROM THE SEA
TURTLE INN.
Mayor Fletcher presented in full, in writing, Resolution No. 95-43.
George Worley, City Planner, advised Mr. Adeeb, owner of the Sea Turtle
Inn waz requesting the city to exchange a tract of lard under his ownership
for a small portion of the street end rightof--way of Ahem Street- Mr.
Worley indicated the tray of land which Mr. Adeeb proposed to give to the
city contained the west half of the pavemrnt of Beach Avenue between
Ahem Street and First Street. The property Mr. Adeeb requested in
exchange was a portion of the rigMof--way of Ahem Street which was
adjacent to his fenced dumpster rnclowre. Mr. Worlry indicated both
parcels were indicated on maps (attached hereto and made a part hereof-
Exhibit A).
Motion: Approve passage of Resdotae No. 95-43 a,
recommrnded by auR(memoraedum dated November
20, 1995 atached hereto and made a part 6ercof -
E:hibit A)
During discussion, it was determined the handicapped access located at the
eastern end of Ahem Street would not be impacted by the exchange of
NAME OF
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RESERVE
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REED g
RDSENBI,ODM, I X
SHAUGHNEBSY~ % , X
FLETCHER ' %
\11N1!'fES OF l IJE RE(iki L.\R MEETING OF ATL.ANI7C BEACH
('ITY COMMISSION HELD IN CITY H.41.L, g00 SEMINOLE ROAD,
AT 7 I S Pb1 ON MONDAI', NOVEMBER 27, 1995
PRF.SEN"I' Lyman ~f. Fletcher, Mayor
John Meserce
Tim Reed
Steve Rosenbloom
Suzanne Shaughnessy, Commissioners
ANU. Jim Jarboe, Acting City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Fletcher. The invocation was
followed by the pledge to the Oag.
j, Annrov>L of the minutes of the Reeuhr Commission Meetine of
November 13. 1995
Motioo: Approve minutes of the regular meeting of
November 13, 1995
"fhe question was called and the motion carried unanimously.
Mayor Fletcher announced agenda items 6A, D, G, and H would be
withdrawn from agenda at the request of staff
2. Recoenitan of Visitors:
Alan Potter, 374 Second Street, referred to the costs related to the bond
issue. He summarized the various expenses [hat he felt would be incurred
by the city David Kasdin, First Union Representative, explained the
actual costs that would be incurred. Ann Morse, Finance Director,
explained all costs would be listed in the closing Resolution.
Tem~ Holt, 724 East Coast Drive #4, reported while in the area of Bull
Park he had been bitirn by a dog belonging to Billie Arne. He indicated he
understood Mr. Arzie owned two dogs, and that this was the third time one
of his dogs had bitten a citizen tie indicated he was concerned regarding
the safety of childrrn who visited the park and he requested better
enforcement of animal wntrol David Thompson, Chief o(Police, advised
the Police Uepartmrnt was aware of the problem and efforts were being
conducted to follow state law to address the problem Chief Thompson
advised M11r Holt that he would keep him apprised of the situation.
3 C'on~nt AYenda:
A. Acknowledge receipt of Public Works Report
ME OF
COMMRS.
M
O
T
I
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S
E
C
O
N
D V
O
T
E
D
Y
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O
T
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D
N
O
MESERVE X X
REEU X X
ROSENBLOOM X
SHAUGHNESSY X
FLETCHER
I X
Page Three
Minutes -November 20, 1995
~, Anv other business
Jim Jarboe reported...
(1) the city would not do water service cut-offs until after the Thanksgiving Day holiday
and similarly at Christmas, cut-offs would not be made umil after the holidays.
(2) the audi[ had been completed and the auditors had indicated the city's finances were in
exceptionally good shape. There remained just one question in connection with
Community Development Block Grant fimds to be resolved.
(3) the water plant and well would be on the next agenda and staff would be available
before the next meeting to go over any questions the cotmttissioners may have.
There being no further business to come before the City Commission, the Mayor declared the
meeting adjourned.
Lyman T. Fletcher
MayodPresiding Officer
ATTEST.
Maureen King
City Clerk
Page Two
Minutes -November 20, 1995
In further discussion, it was felt that motions and amendments should be in writing where possible
and the Mayor encouraged commissioners to request a recess, if necessary, to write out their
thoughts so that the intent of their motions and amendments would be clear.
4 Adon[ion of Resolution No 95-43 aoorovio h a
addrtronal bt deet to comol t th 16t6 t~Cet adr~stme r [o on ~~
Mayor Fletcher prexnted in full, in writing, Resolution No. 95-42 authorizing a budget
adjustment to provide an additional 53,500 to complete the 16th Scree[ dune overwalk project.
Commissioner Roxnbloom moved for adoption of Resolution No. 9542. The motion was
seconded by Commissioner Recd.
Commissioner Rosenbloom inquired regarding how the project would be completed and Public
Works Director Bob Kosoy indicated that Mrs. Gay had canceled an appointment to meet and
discuss the project and he had been unable to contact her to reschedule the appointment.
hm Jarboe indicated that it waz unclear whether the additional 53,500.00 which had been
approved by the City Commission at the previous meeting, was for materials only or whether this
figure also included labor costs. It was felt previous authorizations had not included the labor
costs and the SJ,SOO.t)D had been intended for materials only
Discussion ensued regarding whether the fence would encroach on private property if the boards
were relocated so that the smooth side of the fence would face Mrs. Gay's Property and Public
Works Director Bob Kosoy indicated that further work would no[ be undertaken until that
question was resolved. Commissioner Rosenbloom inquired regarding who would be responsible
(or purchasing and planting shrubbery and Jim Jarboe indicated that the cost of plants had not
been included. Commissioner Rosenbloom inquired regarding the status of the existing concrete
wall on the Gay's properly and Mr. Jarboe explained that the wall in question was on private
properly and had not been included in the project.
In further discussion, Commissioner Mexrve pointed out the City Commission had approved the
Protect with certain conditions, at the previous meeting, and the Mayor pointed out the only
acuon required this evening was to approve the budget adjustment to provide funding for the
project
The question was called and the motion to adopt Resolution No. 95-42 waa unanimously
approved.
A11NU"I'ES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD IN .ADELE GRAGE COMMUNITY CENTER AT 7-.iw PM ON
MONDAY, NOVEMBER 20, 1995
!. Call to order
7'he meeting was called to order by Mayor Fletcher. Present, in addition to the Mayor, were
Commissioners Meserve, Reed, Rosenbloom, and Shaughnessy. Also present were Deputy City
Manager lim larbce, City Attorney Alan Jensen, and City Clerk Maureen King
b Adoption of Resolution No 9ta0 identi inv th~o e,_rxrsons who are a~tho ' to
;ign checks on behalf of the 'tv
The Mayor presented in full, in writing, Resolution No. 95-40, identifying Finance Director Ann
B. Meuse, Acting City Manager lames R. Jarboe, and City Clerk Maureen King az the individuals
authorized to sign checks and other documents on behalf of the city. Commissioner Reed
moved for adoption of Resolution No. 95-40. The motion was seconded by Commissioner
Rosenbloom and was unanimously approved.
3 Adoption of Resolution No 95-41 ct rifyi~g the role of the City Manazer
The Mayor presented in full, in writing, Resolution No. 95-41 A RESOLUTION OF THE CITY
OF ATLANTIC BEACH, FLORIDA, CLARIFYING ITS POLICY ON THE AOLE OF THE
CITY COMMISSION AND THE CITY MANAGER. Commisaioner Roxnbloom moved for
adoption of Reaolution No. 95-41. The motion wu seconded by Commissioner Mexrve.
Discussion ensued with reference to Section 3 of the resolution, and it was felt that in the event
the City Manager found it necessary to temporarily halt the carrying out of commission policy,
this information should be communicated to the City Commission az soon az possible. Following
brief discussion, Commissioner Rosenbloom moved to amend Section 3 by inxrtiog after the
firs[ sentence, a second xn[ence which would read u folbws: "Upon doing so, the City
Manager must then communicate forthwith with a0 commissioners, in writing, the speck
action taken, with an explanation thereof," and substitute the word "action" in place of the
word "concern" in the last sentence, and add to tht xntence the words "for discussion or
action." The motion was seconded by Commissioner Meserve and nrsied unanimoush•.
Commissioner Shaughnessy referred to Section 6 of the Resolution and expressed wncern that
the requested information may not be givrn to wmntissioners in a timely manner Following
further discussion, Commissioner Meurve moved to amend the third line of Section 6 to
require that all needed information must be requeated through the City M1lanager. The
motion was seconded by Commissioner Roxnbloom, and following brief discussion, the
amendment was unanimously approved.
"1'he question was then called on the motion to adopt Resolution 95-41, u amended, and tht
motion carried ananimousk.
„ ,
.fiction oo Resolutions:
Authorizx purchase of 1996 Ford Mustang pursuant to the specifications of Bid No.
9596-I, Gom Mike Davidson Ford at a cost of $16,350.55, and approve adoption of
Resolution No 95-45 authorizing budget adjustment to provide funding for the
purchase of such vehicle
Adoption of Resolution No 9546 approving the tease purchase of certain equipment
and accepting the bid of Barnett Bank of Jacksonville, N. A., for such lease purchase
6. Action oo Ordinances:
A. Public hearing and final reading of Ordinance No. 95-95-64 amending Chapter 23,
Vegetation, Amending Article 11, Tree Protection
B Public hearing and final reading of Ordinance No. 95-95-65, amending Chapter 24,
Zoning and Subdivision Regulations, establishing landscape requirements
C. Introduction and first reading of Ordinance No. 5-95-26, providing for the
appointment of a Director of Public Safety
7. New Business:
A. Action on a request (or aUse-by-Exception filed by Robert i. Schulte to operate a
light auto and truck repair business at I8 Dormer Road
B. Authorize City Manager to award bid purstram to Bid No. 95964, for the purchase
ofvehicles for Code Enforcement and Budding Departments fiom the low bidder,
provided the low bid is witiun the approved budget amount
8. City Manager Reports and/or Correspondence:
9. Reports and/or requests from City Commissioners, City Attorney and City
Clerk
Adjournment
1(any person decides to appeal any derision made by the City Commission with respect to any matter
considered at arty meeting, such person may need a record of the proceedings, and, (or such purpose,
may need to ensure that a verbatim rewrd o(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 ('ity Commission on any matter at this meeting should submit a
request to the ('ity ('lerk prior to the meeting For your convenience, forms (or this purpose are
available at the entrance to the ('ommission Chambers
" Agenda amended to add this item.
crrv OF ATLAN'T'IC BEACH
December 1 I. 1995
AGENDA
Call to order
Invocation and pledge w the Flag
Approval of the minutes of the Special Called Meeting of November 20 and Regular Meeting
of November 27, 1995
Recognition of Visitors:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROl1TINE 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
Unfinished Business:
A Authorize execution of contrail between the City and Atlantic Beach
Experimental Theater (ABET) (Timmy Johnson)
B. Authorize execution of contract between the city and YMCA (Timmy Johnson)
C Ratify contract between the City of Atlantic Beach and Professional Fire
Fighters of Jacksonville Beach, Local 2622 (Jim Jarboe)
D Action on proposal from Gee & Jensor. Engineers-Architects-Planners, Inc., for
professional services in connection with Public Safety Building Remodeling and
Addition (Chief Thompson)
E Appointments to Cultural Arts Board (2) and Tree Conservation Board (I )
4. Consent Agenda:
A Acknowledge receipt o(Public Works Status Repon (Bob Kosoy)
B Acknowledge receipt of Parks and Recreation Facilities Usage Report for November,
1995 (Timmy Johnson)
C Acknowledge Receipt of Building Departnrm report for November 1995 (Don Ford)
D Acknowledge receipt of Code Enforcement report for November 1995 (Karl
Grunewald)
• Agenda amended to Add 76
REGULAR CITY COMMISSION AGENDA
DECEMBER, 1995