9-26-11 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
September 26,2011 - 6:00 PM
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve the minutes of the Regular Commission Meeting of September 12, 2011.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow -up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the monthly Financial Report and Utility Sales Report for
August 2011.
B. Award the extension of the Annual Contract with W.W. Engineering, Inc. for Concrete
Repairs for one year, from October 1, 2011 through September 30, 2012, at the current
prices.
C. Award the annual contract for Landscape Maintenance at Atlantic Blvd. Medians,
Mayport Road Medians & Flyover areas, Town Center, City Parks & Common Areas,
(Bid No. 1011 -24) to R & D Landscape & Irrigation and authorize the City Manager to
sign the contract.
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 11 -25, Public Hearing and Final Reading on adopting a Millage
Rate.
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD
VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL
TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012; STATING THE PERCENTAGE
BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND,
PROVIDING AN EFFECTIVE DATE.
7. Action on Ordinances
A. Public Hearing and Final Reading on ORDINANCE NO. 20-11-111 establishing the
Operating Budget for Fiscal Year 2011/2012.
1
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING
SEPTEMBER 30, 2012.
B. ORDINANCE NO. 95-11-104, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, AND CHAPTER 13, OFFENSES,
TO DELETE ANY REGULATION OF FIREARMS AND AMMUNITION, TO CLARIFY THE
DEFINITION OF REPLICA FIREARMS, AND PROVIDING AN EFFECTIVE DATE.
C. ORDINANCE NO. 80-11-81, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE
MONTHLY STORM WATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES,
ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES,
SECTION 22 -335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION
OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
D. ORDINANCE NO. 60-11-16, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING
STRUCTURES, ARTICLE IV, NONCONFORMING SIGNS AND WAIVER TO CERTAIN
PROVISIONS, SEC. 17 -51 NONCONFORMING SIGNS, TO ALLOW UNTIL JANUARY 1,
2015, FOR NONCONFORMING SIGNS TO COME INTO COMPLIANCE, AND
PROVIDING FOR AN EFFECTIVE DATE.
E. ORDINANCE NO. 25-11-42, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 8 OF THE CODE OF ORDINANCES, FLOOD HAZARD AREAS, RELATING TO
FLOOD DAMAGE PREVENTION, IN ORDER TO ADOPT, TO THE EXTENT APPLICABLE,
THE REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA MODEL
FLOOD DAMAGE PREVENTION ORDINANCE; PROVIDING FOR STATUTORY
AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR
DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR
ADMINISTRATION; PROVIDING FOR PROVISIONS FOR FLOOD HAZARD REDUCTION;
PROVIDING FOR VARIANCE PROCEDURES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Reconsideration for Inclusion of Employee Bonus in FYI 1/12 Budget and Choice of
Bonus Method. (Mayor Borno)
B. Purchase of Chevy Volt, deferred from last meeting. (City Manager)
C. Reconsideration of Change Order #1 (Bid No. 1011 -16) for Sludge and Odor Control
Project for Time Delay and Related Project Inspection Cost. (Commissioner Woods)
D. Naming of Tideviews boardwalk. (Commissioner Daugherty)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
A. Appointments to the Pension Board of Trustees. (Commissioner Fletcher)
2
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda
item. However, the City Commission may act upon any agenda subject, regardless of how the matter is
stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
Clerk by 5:00 PM, Friday, September 23, 2011.
3
MINUTES
REGULAR CITY COMMISSION MEETING
September 12, 2011
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tern John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order /Pledge Mayor Borno called the meeting to order at 6:03 p.m. Mayor Borno gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of August 22,
2011.
Motion: Approve the minutes of the Regular Commission Meeting of August 22,
2011, as written.
Moved by Fletcher, Seconded by Daugherty.
Commissioner Woods referred to pg 8, final sentence under parking lot discussion, and
asked for clarification from the City Attorney that the statement he made does not infer
grandfathering. Mr. Jensen stated he did not mean to infer grandfathering at all.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Bill Mayhew, 1870 N. Sherry Drive, addressed the Commission regarding the
pension plan as it affects the budget next year. He stated he wanted to get it considered
before the budget is done. He stated if we were to freeze the Pension Plan, one of the
options in the study, the accelerated contributions could cost an additional million
dollars next year and he would like to see that in the budget so they won't get in a
position that it is not budgeted and has to wait for another year. He explained why he
believes the plan is not reasonable. He also addressed the employee leave program,
stating he believes if they went back to the traditional vacation policy they could save
the equivalent of 5 -6 people in terms of work hours available to get these jobs done.
He further stated he believes we could get rid of one animal control person completely
and transfer the other one over to parks and recreation and get them out from under the
police plans and their job would be answering to public problems and trying to help
animals out. He also urged the City to bid the health insurance out.
September 12 2011 REGULAR COMMISSION MEETING Page 2
Shawn Kuthan, representing McDonalds, 435 Atlantic Blvd., addressed the
Commission regarding the sunset provision for the upcoming sign regulation. He
explained the provision will require him to replace a sign that is in perfect condition
and it will cost in excess of $10,000 to replace it. He asked about the status of the
extension of the grandfathering policy to 2015 and whether it had been approved. City
Manager Hanson explained the Commission asked that an ordinance be prepared to
amend that, which will be on the next agenda for a first reading and if approved the
final reading will be at the first meeting in October. Mr. Kuthan asked if that extension
will have some revisions to the regulations. Mr. Hanson explained the provision, as
requested by the Commission, was to extend the grandfathering deadline until 2015
instead of 2012, but the need to bring the signs down to make them look better was still
supported. Mr. Kuthan suggested having inspections for signs in lieu of requiring them
to be replaced and asked if there would be an opportunity to change the ordinance.
Commissioner Woods stated they also discussed sending a letter to any business that
had not upgraded their signs asking for their input regarding specific issues the
Commission might address in the Ordinance. She stated revisiting the Ordinance is
definitely in order. Mayor Borno pointed out there will be a public hearing during the
first and second readings of the ordinance at which time Mr. Kuthan will have an
opportunity to give input.
Werner Wahl, 1820 Sevilla, #101, addressed the Commission regarding homestead
exemption for 2011, explaining his personal situation. Mayor Borno explained that
homestead exemption does not fall under the City Commission's purview, stating they
would get back with him about who he could contact regarding his situation.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor
to Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow -up Report.
Meeting
None.
Consent Agenda 4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY
ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED,
THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL
BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND
STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO
THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of monthly Building Department Report for August 2011
and List of Business Tax Receipts issued in August 2011.
B. Extend the contract for street sweeping to USA Services of Florida, Inc. for one
year at the current cost, which is $25,800.00 and authorize City Manager to
sign contract.
September 12, 2011 REGULAR COMMISSION MEETING P age 3
C. Extend the contract for beach cleaning to Beachcombers North, Inc. for one
year at the current price, which is $32,916.00 and authorize the City Manager to
sign the contract.
D. Award a contract in the amount of $55,712 to Gruhn May, Inc. to construct the
11 Street Water Main Replacement (Bid No. 1011 -20) and authorize the City
Manager to sign the contract. Authorize staff to encumber $5,571 under a
separate purchase order for use as a contingency for the project.
E. Award a one (1) year contract to expire on September 30, 2012 to Corvus
Janitorial Systems in the amount of $45,000 (Bid No. 1011 -22) and authorize
the City Manager to sign the contract.
F. Approve the purchase of the Chevrolet Volt from Nimnicht Chevrolet for the
price of $38,816.39 (Bid No. 1011 -23).
Mayor Borno read the Consent Agenda.
Commissioner Daugherty pulled Item F and Commissioner Parsons pulled Item E.
Motion: Approve Consent Agenda Items A, B, C, and D as read.
Moved by Fletcher, Seconded by Daugherty.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Parsons asked if there is a way to get out of the janitorial contract prior
to a year. Commissioner Fletcher stated they are getting out of the current contract in
three weeks. Mr. Hanson stated there is a provision that allows the City to get out of
the contract if the contractor is not doing the work properly and the City has fired
janitorial contractors in past years. He agreed there have been a number of complaints
about the current company which is one of the reasons they recommended going out to
bid this year rather than going with a contract extension with the current company.
Motion: Approve Consent Agenda Item E as read.
Moved by Fletcher, Seconded by Daugherty.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Daugherty asked if there were alternative uses for the energy grant
money, stating he has some reservations on the value of a $39,000 car and whether the
payback is really there.
David Thompson explained there was a typo on the staff report, stating the state
contract price on the Focus should be $13,133, not $13,113. He answered
Commissioner Daugherty explaining if they adhere to the contract the way it is written,
they have to stick with the contract. He stated he asked if they could amend the
Sentember 12.2011 REGULAR COMMISSION MEETING Page 4
contract and stated, if allowed, we would have to determine how the City would want
to spend the money and compare everything from kilowatt hours, energy used, etc. to
see if what they were switching to would be something that gives the same energy
benefits, etc. He pointed out that he was not informed that we could amend the
contract, but was told they would ask those in charge to see if amending the contract
would be feasible and he has not yet heard back from them. He stated everything
above the $13,133, which is Atlantic Beach General Fund money, will be Energy Grant
money if they purchase the Volt.
Commissioner Daugherty stated he would like to defer this item until the next meeting
in order to get that information. Commissioner Parsons asked if that would impact the
grant. Mr. Thompson stated no.
Motion: Defer Consent Azenda Item F until the next meeting, Septemb 26.
Moved by Daugherty, Seconded by Parsons.
Commissioner Woods asked what other options were available for this money. Mr.
Thompson stated he has asked the State and is awaiting their response. Discussion
ensued.
Votes:
Aye: 3 — Borno, Daugherty, Parsons
Nay: 2 — Fletcher, Woods
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Public Hearings on adopting a Tentative Millage Rate and adopting
Ordinance No. 20 -11 -111 establishing the Operating Budget for fiscal year
2011/2012.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2011 AND ENDING SEPTEMBER 30, 2012.
Mayor Borno read Ordinance No. 20 -11 -111 by title, stating the first item to be
considered was adoption of a Tentative Millage Rate. He stated the millage rate is
3.1553; the tentative millage rate is 3.3285; the roll -back rate is 3.3285; the tentative
millage rate is the same as the roll -back rate. He further stated the purpose for
adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue
sufficient to maintain adequate funding for the existing level of services at anticipated
and proposed cost and to continue to maintain the City's infrastructure.
Motion: Adopt a Tentative Millage Rate for operating purposes of 3.3 285.
Moved by Parsons, Seconded by Fletcher.
September 12 2011 REGULAR COMMISSION MEETING Page 5
Mayor Borno opened the Public Hearing.
Bill Mayhew, 1870 N. Sherry Drive, asked if they are considering doing something
with the pension plan, how can they adopt a millage rate before they do that.
Commissioner Fletcher explained that any consideration the Commission has on the
Pension Plan will affect next year's budget, not the budget they are adopting tonight.
Mayor Borno further explained the Commission has not had the opportunity to have a
Shade Meeting to determine how they want to address the pension issue. He stated that
determination will then be provided to the negotiator. He stated that process would be
reflected when they consider the budget for 2012.
Richard Lombardi, 123 Magnolia Street, addressed the millage rates increasing,
stating his concern was when employees of governments are bought with benefits
much better than those of the people in industry. He stated if the millage rate is
required because the employees are underpaid, that is fine, but if it is because we are
just buying their loyalty that will eventually come out. Mayor Borno stated this is not
related to pay or anything else. He stated the millage rate is being considered by the
Commission because we are in a window where it requires a simple majority vote of
the Commission to make adjustments to millage rates. He stated if that window starts
going down, eventually it can get to the point to where it requires a super majority and
it becomes much more difficult to be able to do any adjustments. He stated this was
discussed in workshops. He stated this millage rate adjustment reflects an increase of
17 -18 cents per thousand. Mr. Hanson further explained this is also the rate it takes to
get the same dollars that were received last year because the tax digest is going down.
He stated it is simply an adjustment to get the same dollars coming in for next year's
budget as there was for this year's budget.
Allan Gasoparovic, 333 Saturiba Drive, addressed the Commission stating the
electorate has stated they want change and he hopes the outgoing Commissioners
would vote according to the message sent by the voters they represent. He stated the
City should be run the way they run their own houses. He stated if you get more bills
than you have income you cut your bills that are coming in and he doesn't believe the
City is going to do that. He asked that the Commission vote this millage rate increase
down. He stated if you have to make cuts, you make cuts and if it has to come out of
the salaries of the people who are working for the public then that is where it has to
come from. He reiterated you can't keep raising taxes.
No one else spoke so Mayor Borno closed the Public Hearing.
Commissioner Parsons stated, since he is one of the people who will be leaving office,
he feels somewhat insulted when he was listening to Mr. Gasoparovic . He stated he is
not going to change anything he was voting on earlier because of leaving office. He
stated they increased the millage rates to match the money they have lost. He stated it
is not going to cost the citizens anymore money. He further stated we have lost four
employees and it hurts the City quite a bit to have to do that. He stated it's not like
they haven't looked closely at the citizens' money. They are looking at the money
carefully.
September 12, 2011 REGULAR COMMISSION MEETING Page 6
Commissioner Daugherty stated the idea of the roll back rate is that we are charging
the same amount of money they would have paid last year but, because housing values
have decreased, if it weren't for the City doing this they would be paying less this year
than last year. He stated, regarding Mr. Lombardi's comments, he disagrees with the
Mayor and believes the reason we are having to roll up the rate is due to employee
benefits, pay, etc. He stated they were given a budget that allowed for the $220,000
less we were receiving this year, but because they voted to fund the difference in the
employee insurance they were left with a $220,000 - $230,000 expenditure that wasn't
budgeted for. He stated in his thinking that is the reason we are having to do the roll
up and he was the only one who voted against that. He stated therefore he respectfully
disagrees with the Mayor because Mr. Lombardi's comments were valid. He further
stated he is forced into a position where he has to support raising this millage rate
simply because we have to have a balanced budget. He stated we are put in this
position because we funded $200+ thousand of the gap between what the employees
would have to pay in insurance.
Allan Gasoparovic, 333 Saturiba Drive, apologized for the fact that Commissioner
Parsons believes he was attacking him. He stated he was not attacking him or
Commissioner Fletcher in particular, he was just saying that the voters sent a message
here that is different than what was done in the past. He stated as Commissioner
Daugherty stated, we do have a new $200,000+ bill. He stated if we didn't have that
bill, we wouldn't need to change the millage rate. He stated with the City having less
money coming in, they should cut costs, but that isn't what they are doing. If your
income was reduced in your home, you would reduce your spending, but the City is not
doing that. The City is actually increasing it by $200,000+ because they don't want to
go where the source is, which are the employees. He stated, as the paper said, the City
doesn't want to get the employees unhappy so you feel the taxpayers should cover it.
Mayor Borno replied that when the value of houses went up, the City has reduced the
millage rate and they have taken that into consideration. He stated the City is at a point
in time, after four years of austere budgets, down economy, etc., where they have made
a lot of adjustments. He stated what you read in the paper is not always 100% correct
in the way it is phrased and encouraged Mr. Gasoparovic to attend the budget hearings
in the future to be able to really understand how all of this has come about.
Roll Call Votes:
Aye: 3 — Borno, Fletcher, Parsons
Nay: 2 — Woods, Daugherty
MOTION CARRIED
Mayor Borno stated the second item to be considered was Ordinance No. 20 -11 -111
establishing the Operating Budget for fiscal year 2011/2012 of $29,647,486.
Motion: Adopt Ordinance No 20 -11 -111 establishing the Operating Bu dget for
fiscal year 2011/2012.
Moved by Parsons, Seconded by Fletcher.
Mayor Borno opened the Public Hearing.
September 12 2011 REGULAR COMMISSION MEETING Page 7
Ray Brown, 523 Clipper Ship Lane, stated he is against using fees to collect money
necessary for the stormwater program. He stated a fee has two disadvantages to him as
a resident of the City. He stated he has to pay it monthly, so he must take money out of
his interest bearing account, which means he earns less money on his money and
secondly, when he does his federal taxes he can't deduct a fee. He stated the City
could collect the exact same amount of money by using the tax structure to do it, which
he would pay once a year so the money stays in his interest bearing account earning
money and at federal tax time he can deduct those payments from his federal taxes. He
stated he is also against making a profit on a sanitation fee. He stated the profit the
City makes on the sanitation fee should be collected using the ad valorem taxes, which
eliminates the disadvantages of a fee and you get the advantages of a tax. He
summarized stating he wants to pay taxes, not fees.
No one else spoke, so Mayor Borno closed the Public Hearing.
Commissioner Fletcher asked if the one -time $66,000 bonus was included in this. He
stated he wanted to make a motion to remove that. He stated he believes they gave that
type of consideration when they absorbed 100% of the increase in the health insurance
and believes it is going too far.
Motion: Remove the $66,000 bonus from the budget.
Moved by Fletcher, Seconded by Daugherty.
Commissioner Daugherty stated he sent a letter to the newspaper asking for citizen
input about different things and received a lot of emails. He stated overwhelmingly the
citizens who wrote him basically disagreed with this. He stated his job is to reflect the
will of the people. He agreed that the health insurance increase being paid by the City
was the employee's increase in compensation this year.
Parsons spoke in favor of the bonus stating the employees haven't had a raise in four
years. He stated he believes the employees deserve it and they work hard for it and he
is not going to change his mind on this.
Commissioner Fletcher stated we do not have an opportunity to sustain that on a
recurring basis. He stated they are taking money that should be used for a one time
purpose and they are using it for something that is a recurring expense, which is a
disguise. He stated this is a payroll issue and it is an operating expense that should be
addressed from an operational income basis, not from one -time money.
Commissioner Daugherty suggested, since Commissioner Fletcher is using the
reasoning that the health insurance is basically the employees' bonus, giving the people
who opt out of the insurance the proposed bonus amount. Mr. Foster stated that is
legally complicated since we have an IRS cafeteria plan and he is not sure we can
legally give individuals cash back. He stated he could check on this.
Commissioner Woods expressed concern about the process being used as it relates to
the budget meetings, shade meetings and working with the unions regarding the pay
rates and bonuses. Mr. Hanson outlined the timeframe for the budget meetings, shade
September 12, 2011 REGULAR COM MISSION MEETING Page S
meeting and union negotiations stating it has been this way for a number of years. Mr.
Foster stated he has met with both unions and they both have requested a 4% COLA
and a 4% merit pay raise of the midpoint. Commissioner Woods clarified that if we set
the budget and then go to negotiations with the union and they are asking for
something outside the budget, we are already in a lot of trouble. Mr. Foster stated if
the Commissioners agree with what the union is proposing and we don't have that
money in the budget, then we go back and have to identify where those funds are going
to come from. Commissioner Woods asked if the process could be tweaked so we
don't have this conflict of setting the budget before negotiations. Mr. Foster stated we
could meet with the unions in February or March, get their input and have a shade
meeting at that time, then when we go through the budget process the Commission
would understand what the union has requested. Commissioner Woods asked if this
money we are talking about now is for next year's budget. Mr. Foster stated it is a one-
time bonus; it doesn't commit the City for any future reoccurring expenses and does
not count toward pension calculations or funding. He stated it is currently included in
the 2012 budget the Commission is considering tonight. Mr. Hanson questioned
whether the Commission would want to give direction to staff on what to offer to the
unions before seeing the budget. Discussion ensued.
Mr. Hanson stated that staff will be calling the Commission tomorrow to get their
schedules in order to set a shade meeting to discuss union negotiations.
Commissioner Daugherty stated the union asking for an increase is new news to him
and he is glad it came up for discussion because if they had passed the bonus they
would have had that to consider. He stated now they are looking at whether to give the
employees both a bonus and an increase in pay, so he believes it would be remiss of the
Commission to approve a bonus. He believes they should take it out of the budget and
let the negotiations with the union play out.
Mayor Borno clarified Commissioner Daugherty said he received a lot of email
responses to his letter in the paper, which to the best of his recollection was about 14.
He pointed out that 14 responses against 12,000+ citizens is not a lot.
Roll Call Votes:
Aye: 3 — Borno, Fletcher, Daugherty
Nay: 2 — Woods, Parsons
MOTION CARRIED
Approve Ordinance 20 -11 -111, as amended.
Moved by Fletcher, Seconded by Borno
Commissioner Daugherty stated the impact of us spending this extra money to
subsidize the health insurance has caused us to raise the millage rate and asked the
Commission to give it some thought. He stated we have a dream health insurance plan
where we pay 95% and there are minimal organizations out there that pay 95% of an
employee's health insurance coverage. He asked the Commission to reconsider
between now and the next meeting and bring it up for reconsideration.
Sept ember 12 2011 REGULAR COMMISSION MEETING Page 9
Roll Call Votes:
Aye: 3 — Borno, Fletcher, Parsons
Nay: 2 — Woods, Daugherty
MOTION CARRIED
B. ORDINANCE NO. 95-11-104, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, AND CHAPTER 13,
OFFENSES, TO DELETE ANY REGULATION OF FIREARMS AND
AMMUNITION, TO CLARIFY THE DEFINITION OF REPLICA FIREARMS, AND
PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 95 -11 -104 by title.
Motion: Approve Ordinance No. 95 -11 -104.
Moved by Woods, Seconded by Fletcher
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Mr. Jensen left the meeting at 7:36 p.m.
Miscellaneous 8. Miscellaneous Business
Business
A. Support for Northeast Florida Regional Council application for grant.
Mo tion Approve the Mayor to sign the attached letter to Mr. Br ian Teeple, C hief
Executive Officer with the Northeast Florida Regional Counci a nd to authorize
the Mayor to sin the attached First Coast Consortium Memorandum of
Understanding.
Moved by Parsons, Seconded by Fletcher.
Mr. Thompson summarized his staff report, stating this is to support the Northeast
Florida Regional Council's grant application. He stated is asking for the authorization
for the Mayor to sign the documents.
Commissioner Parsons expressed his support of the Northeast Florida Regional
Council.
Mr. Jensen returned at 7:40 p.m.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
B. Award of Contract on Donner Sewer Rehabilitation Project.
September 12, 2011 REGULAR COMMISSION MEETING Page 10
Motion: Waive purchasing requirements and award the contract for the Donner
Sewer Rehabilitation project to Miller Pipeline Corporation in the amount of
$175,590.25.
Moved by Fletcher, Seconded by Daugherty.
Mr. Thompson summarized his staff report, giving a brief history of the project. His
recommendation was to waive the bid process and to award to the bidder in the first
round of bids that said they would comply with the Section 3 requirements being
mandated by Jacksonville.
Commissioner Fletcher asked, since the purchasing code stated we have to award the
bid to the lowest responsive contractor and if Miller is responsive by virtue of their
ability to comply with Section 3, why does this require a waiver. Mr. Thompson stated
it requires a waiver because the bids were rejected the first time around and they are
coming back to it to do it again.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
C. Alternatives to Provide Employee Bonus.
No discussion was held since this item was discussed during Item 7A and was removed
from the budget.
D. Renewal of City Non - Benefit Insurance.
Motion: Approve renewal of insurance, effective October 1, 2011 through
September 30, 2012 as indicated above and within Attachment 1 and authorize
City Manager to sign related insurance renewal documents.
Moved by Fletcher, Seconded by Woods.
Human Resource Manager George Foster summarized his staff report stating he
recommends renewal with the current insurance carrier. He answered questions from
the Commission.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
E. Change Order #1 (Bid 1011 -16) for Sludge and Odor Control Project for Time
Delay and Related Project Inspection Cost.
September 12 2011 REGULAR COMMISSION MEETING Page 11
Motion: Authorize the City Manager to execute Change Order No. 1 for WPC
Industrial Contractors, LLC for additional time at no added costs. Approve
additional funds for J. Collins Engineering Associates, LLC for extended
inspection services in the amount of $21,015.60.
Moved by Fletcher, Seconded by Parsons.
Public Utilities Director Donna Kaluzniak summarized the Change Order, explaining
the equipment delay was causing a delay with the project. She stated the contractor is
requesting an additional two months in time, he is not requesting additional money.
She further stated the only additional funding staff is requesting is some extra money
for their inspector. She explained the engineer has agreed to waive his fee for the
additional construction administration costs.
Ms. Kaluzniak answered questions from the Commission. She stated it is her
recommendation that the City pays for the additional inspection. Discussion ensued.
City Attorney Alan Jensen stated he believes the contract with WPC has a force
majeure or Act of God provision that would basically prevent us from recovering
damages against them for something they didn't cause and that was not foreseen.
John Collins, J. Collins Engineering, explained the time was set at the beginning of
the project based on the time of construction and the time to get the equipment but
there is one component, the mixer, that they are having a problem getting. He stated he
believes the 60 -day extension will be adequate and does not believe they will need to
come back and ask for additional time. Discussion ensued.
Votes:
Aye: 4 — Borno, Fletcher, Parsons, Woods
Nay: 1— Daugherty
MOTION CARRIED
F. Change Order #3 (Bid 1011 -01) for WWTP #1 Improvement Project for
Additional Cost and Contract Extension.
Motion: Authorize the City Manager to execute Change Order No. 3 for WPC
Industrial Contractors, LLC in the amount of $26,432.64.
Moved by Parsons, Seconded by Fletcher.
Ms. Kaluzniak summarized her staff report, explaining the two components of the
change order. She stated she is requesting the additional funds for the valves and the
additional time for the contractor. Ms. Kaluzniak answered questions from the
Commission.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
September 12 2011 REGULAR COMMISSION MEETING Page 12
G. Approval of Memorandum of Understanding with Alachua County Sheriff's
Office for Radio System Upgrade.
Motion: Authorize the City Manager and Chief of Police to sign the Memo of
Understanding with the Alachua County Sheriffs Office.
Moved by Parsons, Seconded by Fletcher.
Chief Mike Classey explained the Memorandum of Understanding, stating the Federal
Government has given money to the State of Florida Division of Emergency
Management to be allocated to various regions. He stated this grant will do all of our
police radio upgrades. Chief Classey answered questions from the Commission.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report.
City Manager Jim Hanson explained the emergency sewer repair at Willow Cove. Ms.
Kaluzniak showed slides of the area and answered questions from the Commission.
Mr. Hanson stated he received notice from the State Department of Environmental
Protection's Division of Water Facilities Funding that they are agreeing to amend our
SRF agreement to include the funding for the $2.4 million for sludge and odor control
project. He stated this means almost all of our financing has come under the State SRF
loan which has a lower interest rate than the open market so ultimately it will translate
into lower rates for water and sewer for our customers. He stated there will be some
paperwork involved.
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Parsons
• Announced that Steve Rosenbloom's father -in -law passed away and the funeral
is tomorrow. He stated he was a great guy and asked that they say a prayer for
the Rosenbloom family.
Commissioner Daugherty
• Asked City Manager to provide a projected reconciliation of the current year's
budget.
Informed the Commission he previously asked the City Manager for a report on
what would happen if they had to de -fund the Assistant City Manager position.
Stated as the City of Jacksonville is responsible for providing animal control for
us, he will be looking to see if any adjustments need to be made there. He
stated the feedback he has received from citizens is that we have too high a
level of animal control.
Stated the minutes from the meeting he and Commissioner Woods had with the
newly elected officials are available.
September 12, 2011 REGULAR COMMISSION MEETING Page 13
Mr. Hanson asked Commissioner Daugherty for clarification on the report he requested
on the reconciliation for the current year budget before the next meeting.
Commissioner Daugherty stated he needs a projected report and knows he can't have
exact numbers because the year won't be done. Mr. Hanson stated staff does project
our best estimates in the budget that is presented to the Commission in late August. He
stated they could review it to see if anything is significantly different that they foresee
close to the end of the fiscal year. Commissioner Fletcher cautioned that they
remember it's not a typical income statement. He stated you will have areas where, if
we are under budget on a capital improvement, we won't draw down money from a
bank loan. He further stated with all of the various enterprise funds you don't just add
it all up and say this is what our difference is; you have to look at it from a fund by
fund, department by department basis, so it is pretty complicated. He stated a credit in
one enterprise fund can't necessarily be used to offset a debit in another enterprise
fund.
Mayor Borno asked Commissioner Daugherty if he was advocating that we go to
Jacksonville Animal Control. Commissioner Daugherty stated maybe a happy
medium. Mr. Hanson stated Jacksonville's patrol services are so minimal as to be
almost nonexistent, but they do provide to us the service of euthanizing animals they
pick up at our shelter. He stated from a standpoint of equity, we are getting the same
thing everybody else in Jacksonville's gets so he believes they are living up to the
terms of the 1982 Interlocal Agreement.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:30
p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
AGENDA ITEM # 3A
SEPTEMBER 26, 2011
September 19, 2011
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
SUBJECT: Follow -up eport
Purchase of the Chevrolet Volt At the last city commission meeting on September 12 a
question was raised about whether or not the City could amend the grant contract with the State
to use the funds budgeted for the purchase of an all- electric vehicle for some other energy
improvement. Since that meeting, David Thompson checked with the grant administrators and
was told that it is the State's position that the vehicle is included in the contract between Atlantic
Beach and the State and unless some compelling reason is provided for amending the contract,
the City should comply with the terms and conditions. Based upon the State's guidance, the
City should proceed with the purchase of the Chevrolet Volt as recommended in the previous
staff report.
A second issue was raised about the Chevrolet Volt. Someone made a statement that the average
life span of such a vehicle would be five years. The standard warranty on a Chevrolet Volt is
eight years or 100,000 miles. Atlantic Beach does not declare a vehicle to be surplus for disposal
until it is worn out. Obviously, how quickly it wears out depends on the type of usage (do we
drive it on the beach for example) and the amount of mileage put on it. Typically, cars and light
duty trucks that are not driven on the beach remain in our fleet for at least eight to ten years.
Reconciliation of Current Budget Estimates Staff was asked at the last commission meeting
to prepare additional estimates comparing those used for the projections of the FY -11 expenses
and revenues as contained in the draft budget to the most current information. A program was
written to compare current fiscal year projections as presented in the budget with year to date
revenues and expenses as of September 13, 2011. After review of these, it is apparent that
although there are a few accounts that may end the year with funds left over, there are also
accounts that appear to be over their budget estimates. When you offset the overages with the
shortages, there is not anything significant to warrant reappropriation in connection with the final
adoption of the FY -12 budget.
City of Atlantic Beach
FINANCIAL REPORT
AUGUST 2011
AGENDA ITEM # 4A
SEPTEMBER 26, 2011
Cash Balances
Total Restricted Cash $8,003,804
Total Unrestricted Cash $7,716,546
Prior
Current
Dollar
Fund(s)
07/31/11
08/31/11
Change
General
$5,909,892
$5,699,517
($210,375)
Tree Replacement
3,509
3,509
0
Convention Development Tax
158,971
193,115
34,144
Local Option Gas Tax
40,234
58,371
18,137
Better Jax 1/2 Cent Sales Tax
190,037
186,621
(3,416)
Police Training, Forfeiture, Grants, etc.
153,182
142,029
(11,153)
Community Development Block & ARRA Grants
(2,125)
(14,393)
(12,268)
Debt Service
60,657
66,658
6,001
Capital Projects
2,077,117
2,150,405
73,288
Utility
3,380,364
5,052,150
1,671,786
Sanitation
716,182
659,508
(56,674)
Building Code Enforcement
42,910
51,989
9,079
Storm Water
1,195,492
1,195,439
(53)
Pension - Police
3,291
81,439
78,148
Pension - General
119,288
140,910
21,622
Investments - Unallocated Gains (Losses)
21,677
53,083
31,406
SBA - Florida Prime
Total $14,070,678
$15,720,350
$1,649,672
Total Restricted Cash $8,003,804
Total Unrestricted Cash $7,716,546
Total $32,365,565 $33,210,026 $844,461
(1) Rate of return is 3.9% as of 08/31/11
(2) Rate of return as of 08/31/11
Cash and Investments
Prior
Current
Dollar
Interest
Account
07/31/11
08/31/11
Change
Rate
Bank of America - Depository
$2,195,951
$11,568,213
$9,372,262
0.270%
US Treasury Notes
1,171,443
0
(1,171,443)
4.625%
US Treasury Notes
2,206,566
0
(2,206,566)
3.625%
Federal Farm Credit Bank Consolidated Bonds
1,148,496
0
(1,148,496)
4.875%
Pimco Mutual Fund
2,098,716
1,067,500
(1,031,216)
2.054%(l)
Putnam US Government Mutual Fund
2,096,980
1,073,643
(1,023,337)
5.076%
(1)
Eaton Vance Government Obligation Fund
999,055
1,007,762
8,707
4.085%
(1)
Loomis Sayles Limited Term Government & Agency
Fund 0
1,000,000
1,000,000
3.380%
(1)
MorganStanley SmithBarney AA Money Trust
2,150,239
0
(2,150,239)
0.010%
SBA - Florida Prime
282
282
0
0.230%
Cash on Hand
2,950
2,950
0
N/A
Subtotal 14,070,678
15,720,350
1,649,672
Rate of
Return
Police Pension Investments
6,629,021
6,411,544
(217,477)
-3.66%(2)
General Pension Investments
11,665,866
11,078,132
(587,734)
-2.80%(2)
Subtotal 18,294,887
17,489,676
(805,211)
Total $32,365,565 $33,210,026 $844,461
(1) Rate of return is 3.9% as of 08/31/11
(2) Rate of return as of 08/31/11
City of Atlantic Beach
FINANCIAL REPORT
AUGUST 2011
Revenues
AGENDA ITEM # 4A
SEPTEMBER 26, 2011
Annual
Fund / (Footnote) Estimate
YTD - 92% YTD Dollar
of Estimate Actual Variance
Percent
Variance
General (1) & (3)
$11,515,549
$10,559,758
Convention Development Tax
264,857
242,874
Local Option Gas Tax
463,523
425,051
Better Jax 1/2 Ct Sales Tax
658,424
603,775
Police Training, Forfeiture & Grants, etc.
185,917
170,486
Grants (2)
647,352
593,622
Debt Service
68,650
62,952
Capital Projects
903,000
828,051
Utility (3)
19,061,825
17,479,694
Sanitation
1,837,500
1,684,988
Building Code Enforcement
317,850
291,468
Storm Water
669,124
613,587
Pension - Police
964,726
884,654
Pension - General
1,522,969
1 1,396,563
$35,837,523
Total $39,081,266
$11,049,834
$490,076
4.64%
187,696
(55,178)
- 22.72%
413,658
(11,393)
-2.68%
594,033
(9,742)
-1.61%
258,794
88,308
51.80%
39,061
(554,561)
- 93.42%
65,744
2,792
4.44%
937,120
109,069
13.17%
12,904,665
(4,575,029)
- 26.17%
1,647,110
(37,878)
-2.25%
279,178
(12,290)
-4.22%
759,264
145,677
23.74%
910,485
25,831
2.92%
1,452,394
55,831
4.00%
$31,499,036
($4,338,487)
Analysis of Major Variances
(1) The $490,076 positive variance in the General Fund resulted from having received
104.6% of the fiscal year to date budgeted property taxes. Also, the interest earnings
from the City investments are 114.6% of the fiscal year to date budgeted amount.
(2) The $554,761 negative variance in the Grant Funds resulted from having expended
6.4% of the budgeted fiscal year to date amounts. All of these grants receive revenues
when the related expenditures are made on the projects and a reimbursement request is
filed with the granting agency.
(3) The $4,575,029 negative variance in the Utility Funds resulted from not having received
the budgeted fiscal year to date loan proceeds. Partial receipts were received in
December, 2010 and August, 2011. The City will receive additional loan proceeds as
needed when the related expenditures are made on the project. If the loan was not
included in this calculation, the variance would be a positive 9.7 %.
City of Atlantic Beach
FINANCIAL REPORT
AUGUST 2011
Expenses
AGENDA ITEM # 4A
SEPTEMBER 26, 201 I
Department I (Footnote)
Governing Body
City Administration
General Government
Planning and Building
Public Safety
Recreation and Special Events
Public Works (1) & (3)
Public Utilities (2) & (3)
Pension - Police
Pension - General
Total
Annual YTD - 92% YTD Dollar Percent
Estimate of Estimate Actual Variance Variance
$42,260
$38,752
$36,523
$2,229
5.75%
2,522,102
2,312,766
2,205,903
106,863
4.62%
910,895
835,291
569,442
265,849
31.83%
531,131
487,047
425,910
61,137
12.55%
6,128,038
5,619,414
5,106,795
512,619
9.12%
392,160
359,611
348,175
11,436
3.18%
6,804,017
6,239,284
5,225,859
1,013,425
16.24%
19,695,451
18,060,726
11,786,361
6,274,365
34.74%
548,977
503,412
548,411
(44,999)
-8.94%
555,445
509,343
647,274
(137,931)
- 27.08%
$38,130,476
$34,965,646
$26,900,653
$8,064,993
Resource Allocation
Personal Services (1) & (2)
Operating Expenses (1) - (3)
Capital Outlay (1) & (2)
Debt Service
Transfers
Total
Annual
Estimate
YTD - 92%
of Estimate
YTD
Actual
Dollar
Variance
Percent
Variance
$9,330,895
$8,556,430
$8,150,127
$406,303
4.75%
10,260,855
9,409,204
8,531,751
877,453
9.33%
13,878,313
12,726,413
6,108,873
6,617,540
52.00%
2,137,906
1,960,460
1,717,223
243,237
12.41%
2,522,507
2,313,139
2,392,679
(79,540)
-3.44%
$38,130,476
$34,965,646
$26,900,653
$8,064,993
Analysis of Major Variances
(1) The positive variance in the Public Works department resulted from: only 10 of 11
monthly payments have been paid on the Advanced Disposal Services contract; retiring
employees positions being vacant until replaced with employees at a lower salary; only
33.3% of the budget has been expended for the Stormwater Master Plan; and limited
activity on the various Parks projects funded from this source — see Project Activity
Schedule.
(2) The positive variance in the Public Utilities department resulted from retiring employees
positions being vacant until replaced with employees at a lower salary and limited activity
on the various projects funded from this source — see Project Activity Schedule.
(3) The positive variance in the Operating Expenses is partially due to 63.2% of the budget
for repair & maintenance and 75.5% of the budget for professional & contractual services
has been spent City wide.
City of Atlantic Beach
FINANCIAL REPORT
AUGUST 2011
Project Activity - Current Year Activity Only
AGENDA ITEM # 4A
SEPTEMBER 26, 2011
Project Name
Project
Number
Budget
YTD
Actual
YTD
Balance Status
Public Safety
PUO304
287,018
212,550
74,468 1
Lifeguard Building Roof Replacement
LG0901
8,000
0
8,000 1
Police Building Renovation /Design /Construction
PS0504
431,491
316,545
114,946 E
Ground Storage Tank Rehab - Water Plant #1
PU1002
439,491
316,545
122,946
Public Utilities:
Replace Well at Water Plant #1
PUO304
287,018
212,550
74,468 1
TMDL - WWTP #1 Design
PU0905
91,205
91,204
1 C
TMDL - Lift Station /Main Transfer Flow
PU0906
1,708,709
1,515,531
193,178 1
Ground Storage Tank Rehab - Water Plant #1
PU1002
44,340
44,340
0 C
Collection System Inspection & Rehab
PU1004
27,788
27,789
(1) C
Mimosa Cove Lift Station Upgrades
PU1005
61,498
61,498
0 C
Lift Station E Upgrades
PU1006
48,183
48,183
0 C
Well Rehab - Well # 1 @ Water Plant #1
PU1101
51,026
51,025
1 C
Elevated Tank Rehab - Water Plant #2
PU1102
10,500
10,500
0 C
Ground Storage Tank Rehab - Water Plant #4
PU1103
75,915
59,800
16,115 1
Replace 2" Water Main - 11th Street
PU1104
79,875
15,021
64,854 D
Sewer Rehab - Sea Oats Drive
PU1105
300,000
286,727
13,273 C
TMDL Upgrade /Construction - WWTP #1
PU1106
5,694,730
2,087,892
3,606,838 1
Replace Equipment - PW Yard Station
PU1108
40,000
17,611
22,389 1
Plant Improvements - Master Plan
PU1109
1,753
0
1,753
TMDL Sludge /Odor Improvements
PU1110
2,659,914
170,858
2,489,056 1
Subtotal 11,182,454 4,700,529 6,481,925
Public Works:
Riverbranch Preserve - Kayak & Canoe Launch
PM0804
268,306
7,319
260,987 1
Howell Park Bridge Replacement
PM1001
20,000
0
20,000 R
Veteran's Park - Flag & Pavilion
PM1006
70,263
69,843
420 C
Dog Park - Hopkins Creek
PM1008
27,800
26,448
1,352 C
Gate at Dutton Island
PM1101
20,000
19,558
442 C
Lighting - Basketball Court
PM1102
11,466
11,465
1 C
Lighting - Security at Community Center
PM1103
1,400
1,392
8 C
Sod - Baseball Field
PM1104
45,534
0
45,534 1
Sod - South End of Soccer Field
PM1105
17,000
13,500
3,500 C
Parking - Paved
PM1106
50,263
0
50,263 R
Water Fountain - Russell Park
PM1107
5,000
0
5,000 X
Veteran's Park - Phase II - Stage
PM1108
43,435
43,434
1 C
Security Camera - Donner Park
PM1109
5,500
4,380
1,120 C
Veteran's Park - Phase II - Memorial Garden
PM1110
8,365
0
8,365 1
Royal Palms Design
PW0808
3,294
3,294
0 D
Royal Palms Stormwater Project
PW0905
507,129
507,131
(2) C
Bulkhead - Ditch @ Cavalla
PW1005
9,472
9,472
0 C
Sidewalk & Curb Replacement
PW1101
25,000
14,734
10,266 1
Drain Line - Atlantic Blvd /East Coast Dr /Ahern St
PW1102
50,000
0
50,000 R
Subtotal
1,189,227
731,970
457,257
Total $12,811,172 $5,749,044 $7,062,128
Status Key
A - Bid Advertised I - Project In- progress
B - Bid Awarded N - Complete /Non - Capital
C - Project Completed R - Re- budget Next Fiscal Year
D - Design Completed X - Project Cancelled
E - Design Phase
AGENDA ITEM # 4A
SEPTEMBER 26, 20I 1
City of Atlantic Beach, Fl.
Utility Sales Report
Gallons
Water Plant Production
Gallons
0000
August 2011
Gallons
62,834
August 2010
Revenue
19,787
Total Production
Revenue
Gallons
Actual
Revenue
64,249
Gallons
Actual
Revenue
Water Sales
Accounts
0000
Revenue
Per 1,000 gi
Accounts
0000
Revenue
Per 1,000 gi
Atlantic Beach
37,246
5,289
45,192
$165,634
$3.67
5,613
51,290
$188,442
$3.67
Buccaneer
$8.61
2,432
19,057
$104,165
$5.47
2,447
18,143
$90,770
$5.00
Total Water Sales
7,721
64,249
$269,799
$4.20
8,060
69,433
$279,212
$4.02
Gallons
Water Plant Production
Gallons
0000
Atlantic Beach
Gallons
62,834
Buccaneer
Revenue
19,787
Total Production
Revenue
82,621
Total Water Billed
0000
64,249
Water Loss for month:
18,372
Percentage Loss
22.24%
Total 12 mo. Avg. Loss
$250,591
16.88%
Sewer Sales
Atlantic Beach
Buccaneer
Total Sewer Sales
Sewer Treatment
Atlantic Beach
Buccaneer
Total Sewer Treated
Gallons
0000
50,284
18,984
69,268
69,433
-165
- 0.24%
16.72%
Gallons
Gallons
Actual
Revenue
Gallons
Gallons
Actual
Revenue
Accounts
0000
Revenue
Per 1,000 gi
Accounts
0000
Revenue
Per 1,000 gi
47.680
$250,591
$5.26
5,140
34,116
$250,591
$7.35
5,149
37,246
$244,673
$6.57
2,359
19,867
$186,090
$9.37
2,329
19,238
$165,689
$8.61
7.499
53.983
$436,681
$8.09
N 7,478
56,484
$410,362
$7.27
Gallons
Actual
Revenue
Gallons
Actual
Revenue
0000
Revenue
Per 1,000 gI
0000
Revenue
Per 1,000 gi
47.680
$250,591
$5.26
45.533
$244,673
$5.37
19.905
$186,090
$9.35
17.963
$165,689
$9.22
67.585
$436,681
$6.46
63.496
$410,362
$6.46
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AGENDA ITEM # 4C
SEPTEMBER 26, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Contract — Landscape Maintenance at Atlantic Blvd.
Medians, Mayport Road Medians & Flyover areas, Town
Center, City Parks & Common Areas, Bid #1011 -24
SUBMITTED BY: Rick Carper, P.E.
Public Works Director
DATE: September 16, 2011
BACKGROUND: On September 14, 2011 bids were received for the Annual Contract
for Landscape Maintenance for Public Works. We had thirteen (13)
firms attended the mandatory pre -bid meeting held on September
8, 2011. We had eight (8) firms submit bids, with a couple
incomplete requirement requests.
Bidders
PW — Streets
PW - Parks
Total
Chad Brock Enterprises
$66,000.00
$69,780.00
$135,780.00
Grass Master
$78,137.00
$82,311.85.00
$160,448.85
Martex Services
$66,876.00
$73,440.00
$140,316.00
R &D Landsca pe & Irrigation
$55,620.00
$63,489.00
$119,109.00
Total Package Landscape
$35,015.88
$105,084.00
$140,099.88
Trim All Lawn Services, Inc.
$77,100.00
$74,460.00
$151,560.00
Turf Masters
$99,671.00
$85,469.00
$185,140.00
Valley Crest Landscape
$74,349.00
$46,246.00
$120,595.00
BUDGET: Funds are budgeted as follows:
001 - 5002 -541 -3400 -- $28,413
001 - 5002 -541 -3402 -- $14,604
001 - 5001 -541 -3403 -- $17,864
001- 6020 -572 -3400 -- $66,000
126,881.00
RECOMMENDATION: Award and authorize the City Manager to sign the contract to the
low bidder, R & D Landscape & Irrigation, the current annual
contractor who has done an excellent job. City of Jacksonville said
they would piggyback on this contract for R & D Landscape to
maintain the other 11 medians on Mayport Road after it is awarded
and have us oversee the contract to our standard.
ATTACHMENTS: Bid Tabulation Sheet
Bid is on file in the City Clerk's Office
REVIEWED BY CITY MAN
AGENDA ITEM # 4C
SEPTEMBER 26, 2011
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SEPTEMBER 26, 2011
AGENDA ITEMS # 6A/7A
SEPTEMBER 26, 2011
CITY OF ATLANTIC BEACH, FLORIDA
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public Hearings on adopting Resolution 11 -25 for the Millage Rate and
adopting Ordinance #20 -11 -111 establishing the Operating Budget for
fiscal year 2011 /2012.
SUBMITTED BY: Nelson Van Liere, Finance Director
DATE: September 15, 2011
BACKGROUND: In order to adopt a millage rate and operating budget, the City
Commission must adhere to a strict process per state law. Please find attached an outline for
the public hearings to be held on September 26 2011 in the Commission Chambers at
6:00pm. The format is the same as in previous years and is to be read into the record as
presented in order to assure compliance with the TRIM laws (s.200.065, F.S.).
Prior to these hearings, the City Manager presented a Proposed Operating Budget and held
three workshops to review and make adjustments with the City Commission's guidance. The
Proposed Operating Budget is funded using the millage rate of 3.3285 mills. This is the same
as the roll back rate.
This is the second public hearing for the final adoption of the millage by resolution and a
second public hearing for the final adoption of the Operating Budget, Ordinance #20 -11 -111.
RECOMMENDATION:
1.) Hold two public hearings as described in the attached outline to approve both
the Millage Rate of 3.3285 mills and the Operating Budget Ordinance #20 -11-
111 with total expenditures of $29,582,340.
ATTACHMENTS: Agenda for Public Hearings
Resolution #11 -25
Ordinance # 20 -11 -111
Budget Summary of all Funds
Schedule A: Proposed Changes to Final Budget
REVIEWED BY CITY MANAG
AGENDA ITEMS # 6A/7A
SEPTEMBER 26, 2011
ADOPTION OF THE MILLAGE RATE AND OPERATING BUDGET FOR FISCAL
YEAR 2011/2012
First item to be considered:
Adoption of the Millage Rate by Resolution 11 -25
State the following:
The Tentative Millage Rate is 3.3285
The Roll —Back Rate is 3.3285
The Tentative Millage Rate is the same as the Roll -Back Rate with no percent
difference.
The purpose for adopting the millage rate of 3.3285 is to maintain a level of ad
valorem tax revenue sufficient to maintain adequate funding for the existing
level of services at anticipated increased cost and to continue to maintain the
City's infrastructure.
Motion to adopt a Millage Rate for operating purposes of 3.3285
Open Public Hearing
Close Public Hearing
Discussion and Vote
Second item to be considered:
Ordinance #20 -11 -111 establishing the Operating Budget for fiscal year 2011/2012 of
$29,582,340
Motion to adopt Ordinance #20 -11 -111 establishing the Operating Budget for fiscal
year 2011/2012
Open a Public Hearing
Close Public Hearing
Discussion and Vote
AGENDA ITEM # 6A
SEPTEMBER 26, 2011
RESOLUTION NO. 11 -25
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA LEVYING THE AD VALOREM PROPERTY TAX
MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL
TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2011 AND ENDING
SEPTEMBER 30, 2012; STATING THE PERCENTAGE BY
WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE
ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Florida law requires the City Commission of the City of Atlantic Beach, Florida,
to pass a resolution levying the millage rate for ad valorem property taxes for municipal purposes on
all taxable property within the city limits of the City of Atlantic Beach, Florida, for the fiscal year
beginning October 1, 2011 and ending September 30, 2012; and
WHEREAS, Florida law requires said resolution to state the millage rate to be levied, and
also, to state the percentage by which the millage rate to be levied exceeds the rolled -back rate as
computed pursuant to Florida law; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has duly considered
the budgetary requirements of the City; has adopted a tentative budget for the fiscal year beginning
October 1, 2011 and ending September 30, 2012, based on a millage rate of 3.3285 mills on the
taxable property within the City; and has acted in accordance with the terms, provisions, and
procedures contained in section 200.065, Florida Statutes;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic
Beach, Florida, that
1. The ad valorem property tax millage rate for municipal purposes to be levied on the
taxable property within the city limits of the City of Atlantic Beach, Florida, during the fiscal year
beginning Octoberl, 2011 and ending September 30, 2012 is hereby set at the rate of 3.3285 mills.
2. The percentage by which this millage rate to be levied exceeds the rolled -back rate of
3.3285 is 0.00 %. The millage to be levied is the rolled back rate.
3. This resolution shall take effect immediately upon its passage and adoption by the City
Commission of the City of Atlantic Beach, Florida.
ADOPTED at a public hearing by the City Commission of the City of Atlantic Beach, Florida
on the 26 day of September 2011.
Mayor / Presiding Officer
Approved as to form and correctness:
AGENDA ITEM # 6A
SEPTEMBER 26, 2011
Alan C. Jensen, Esquire
City Attorney
ATTEST:
Donna L. Bartle
City Clerk
AGENDA ITEM # 7A
SEPTEMBER 26, 2011
ORDINANCE NO. 20-11-111
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30,
2012.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 12,
2011, held a public hearing as required by Florida Statute 200.065; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the
appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2011
and ending September 30, 2012 in the amount of $29,582,340.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
The fiscal Year 2011/2012 budget be adopted, and
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of September 2011.
Passed by the City Commission on second and final reading this day of September
2011.
Louis M. Borno
Mayor / Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
ATTEST:
Donna L. Bartle
City Clerk
AGENDA ITEM # 7A
SEPTEMBER 26, 2011
City of Atlantic Beach
Combined Summary of Revenues and Expenditures
Summary of all Funds
Actual
Actual
Estimate
Budget
Increase
2008 -2009
2009 -2010
2010 -2011
2011 -2012
(Decrease)
Cash Forward 28,149,952
29,093,219
30,599,832
32,852,178
2,252,346
Revenues
General Fund
10,533,938
10,821,328
11,419,109
10,964,641
(454,468)
Special Revenue Funds
1,360,663
1,731,870
1,991,926
1,644,012
(347,914)
Debt Service Fund
68,676
71,152
68,850
71,300
2,450
Capital Project Fund
331,340
1,085,724
923,430
2,255,737
1,332,307
Enterprise Funds
12,721,991
12,027,437
22,198,728
11,411,549
(10,787,179)
Trust and Agency Funds
2,396,859
2,826,710
2,837,495
3,354,330
516,835
Total Revenues
27,413,467
28,564,221
39,439,538
29,701,569
(9,737,969)
Other Financing Sources
654,605
679,211
0
0
0
Total Resources
56,218,024
58,336,651
70,039,370
62,553,747
(7,485,623)
Expenditures
General Fund
12,848,407
9,721,772
10,577,380
10,913,970
336,590
Special Revenue Funds
1,632,369
2,236,249
2,214,401
1,717,788
(496,613)
Debt Service Fund
71,359
71,560
71,342
70,783
(559)
Capital Project Fund
14,213
29,901
548,360
4,336,328
3,787,968
Enterprise Funds
10,678,703
13,900,595
21,704,457
11,214,929
(10,489,528)
Trust and Agency Funds
980,896
1,066,368
1,347,644
1,328,542
(19,102)
DIVISION TOTALS
26,225,947
27,026,445
36,463,584
29,582,340
(6,881,244)
Other Financing Uses
898,858
710,374
723,608
0
(723,608)
Cash Reserves
29,093,219
30,599,832
32,852,178
32,971,408
119,229
Total Expenses and Cash
56,218,024
58,336,651
70,039,370
62,553,747
(7,485,623)
Resource Allocation
Personal Services
8,974,257
8,946,509
9,196,665
9,807,410
610,745
Operating Expenses
9,529,952
9,039,430
10,129,581
10,209,523
79,942
Capital Outlay
2,261,605
5,141,669
12,908,367
5,609,552
(7,298,815)
Debt Service
1,680,417
1,679,951
1,706,464
2,297,807
591,343
Transfers
3,779,716
2,218,886
2,522,507
1,658,048
(864,459)
Total
26,225,947
27,026,445
36,463,584
29,582,340
(6,881,244)
AGENDA ITEM # 7A
SEPTEMBER 26, 2011
Schedule A
Proposed Changes to Final Budget
Adjusted Proposed Revenues: $29,701,569
Adjusted Proposed Expenses: $29,647,486
Removal of Employee Bonus <65,146>
Revised Budgeted Expenses: 29.582,340
AGENDA ITEM # 7B
SEPTEMBER 26, 20I I
ORDINANCE NO. 95 -11 -104
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS,
AND CHAPTER 13, OFFENSES, TO DELETE ANY REGULATION OF
FIREARMS AND AMMUNITION, TO CLARIFY THE DEFINITION OF
REPLICA FIREARMS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has declared that, pursuant to the amended Fla.Stat
790.33, effective October 1, 2011, it is occupying the whole field of regulation of firearms and
ammunition to the exclusion of all existing and future county, city, town or municipal ordinances
relating thereto, and has declared any such existing ordinances null and void, and
WHEREAS, the Code of Ordinances of the City of Atlantic Beach contains certain
provisions in Chapters 4 and 13 which regulate firearms which must therefore be amended-
and/or clarified in order to comply with F1a.Stat 790.33, as amended, and
WHEREAS, the Legislature has imposed prohibitions and penalties which may apply if
the City does not comply with the provisions of F1a.Stat 790.33, and
WHEREAS, the City will continue, however, to enforce all Florida state statutes which
regulate firearms and ammunition.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Sec. 4 -4 of the Code of Ordinances of the City of Atlantic Beach, Florida,
is hereby amended to read as follows:
"Sec. 4 -4. City designated bird sanctuary, shooting, trapping, hunting
molesting, etc., of birds prohibited; exception.
(a) The entire area embraced within the city is hereby designated as a bird
sanctuary.
(b) It shall be unlawful to trap, hunt, sh oo t or a ttenVt to s or molest in
any manner any bird or wild fowl or to rob birds' nests or wild fowl nests;
provided, that if starlings or similar birds are found to be congregating in such
numbers in a particular locality that they constitute a nuisance or a menace to
health or property, in the opinion of the proper health authorities of the city, then
the health authorities shall meet with representatives of the Audubon Society, bird
club, garden club or humane society, or as many of the clubs as are found to exist
in the city, after having given at least three (3) days' actual notice of the ti-me and
place of the meeting to the representatives of the clubs.
AGENDA ITEM # 711
SEPTEMBER 26, 2011
(c) If as a result of the meeting no satisfactory alternative is found to abate the
nuisance, then the birds may be destroyed in such number and in such manner as
is deemed advisable by the health authorities under the supervision of the chief of
police of the city."
SECTION 2: Secs. 13 -3 and 13 -8 of the Code of Ordinances of the City of Atlantic
Beach, Florida, are hereby amended to read as follows:
"Sec. 13 -3. Discharging Rrearms, air guns, etc., prohibited.
(a) It shall be unlawful to discharge any loaded air gun, air
rifle, air pistol or similar device within the city.
(b) This section does not apply to a person lawfully defending life or property
or performing official duties. the disc ar of " f ir - eaf " •
Sec. 13 -8. Replica firearms — Definition.
Replica firearms shall mean any device or object made of plastic, wood,
metal, or any other material which is a replica, facsimile, or toy version of, or is
otherwise recognizable as a pistol, revolver, shotgun, sawed -off shotgun, rifle,
machine gun, rocket launcher, or any other firearm and shall include toy guns,
movie props, hobby models, starter pistols, air guns, pellet guns, BB guns, or any
other device which might reasonably be perceived to be a real firearm but cannot,
are not designed to and cannot readily be converted to expel a projectile by t he
action of an explosive
SECTION 3. This Ordinance shall take effect on October 1, 2011.
PASSED by the City Commission on first reading this day of .2011.
PASSED by the City Commission on second and final reading this day of
2011.
ATTEST:
DONNA L. BARTLE
City Clerk
LOUIS BORNO, JR.
Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
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AGENDA ITEM # X
SEPTEMBER 26, 2011
ORDINANCE NO. 80 -11 -81
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA INCREASING THE MONTHLY STORM WATER
UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES,
ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2
RATES AND CHARGES, SECTION 22 -335 FEES; PROVIDING
FOR INTENT; PROVIDING FOR THE ADOPTION OF A NEW
RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has determined that it is necessary increase the storm water fees
for the purpose of generating sufficient revenues to fund current operating costs and to lessen the
dependence on transfers from other funds, and;
WHEREAS, the proposed storm water budget for fiscal year ended September 30, 2012
includes a one dollar and eighty -nine cent increase in the storm water utility fee , and
WHEREAS, it is the City's long term goal to someday recover the entire cost of the
storm water utility through user fees.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
SECTION I. Intent
It is the intent of the City of Atlantic Beach, Florida to raise the monthly fee for storm
water utility services from $5.00 to $6.89 per equivalent residential unit (ERU) per
month.
SECTION 2 . Section 22 -335 Fees; is amended as follows:
Sec 22 -335. Fees
(a) ER U rate The fee per ERU billing unit shall be five d oll ($`•"0) six
dollars and eighty -nine cents ($6.89) per month.
SECTION 3 . Severability
If any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
AGENDA ITEM # X
SEPTEMBER 26, 2011
SECTION 4 . Effective Date
This Ordinance shall take effect upon its final passage and adoption.
Passed by the City Commission on first reading this Day of September, 2011.
Passed by the City Commission on first reading this Day of October, 2011.
Louis Borno, Jr.
Mayor / Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire Donna Bartle
City Attorney City Clerk
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AGENDA ITEM # 7D
SEPTEMBER 26, 2011
freestanding signs as Atlantic Beach along the Mayport Corridor, which is scheduled for amortization in
2018. Therefore, it is possible for Atlantic Beach, Neptune Beach and Jacksonville to be enforcing
similar sign regulations following our amortization periods. It is clear that all three cities are trying to
eliminate signage blight by reducing the allowable height of freestanding signs.
Additionally, Section 17 -52.- Requests to waive certain terms of this chapter of the City Code allows for
a waiver to be issued by the City Commission whenever an applicant can demonstrate a burden in
complying with the regulations. Staff would support such a waiver where it is demonstrated strict
compliance would interfere with public safety.
Attached is a list of businesses within the City with freestanding signs, with a notation of which
addresses have been issued permits and are in compliance with current sign regulations. There are
currently 73 business locations with freestanding signs, approximately 54 signs will be required to
conform to the new regulations. Since 2008 we issued 19 sign permits that were required to comply with
our current regulations.
BUDGET: No budget impact
RECOMMENDATION: Adopt proposed ordinance 60 -11 -16 allowing a new extension of time for
compliance with the sign amortization regulations from September 9, 2012
until January 1, 2015.
ATTACHMENTS: 1. List of freestanding signs
2. PROPOSED ORDINANCE 60 -11 -16
AGENDA ITEM # 7D
SEPTEMBER 26, 20I 1
List of freestanding signs
Address
Type of Business
363
Atlantic Blvd.
Shoppes of Northshore
375
Atlantic Blvd.
Prudential Realty
Permit #06 -32923
403
Atlantic Blvd.
Radio Shack
425
Atlantic Blvd.
Motel
435
Atlantic Blvd.
McDonalds
469
Atlantic Blvd.
Subway Strip Mall
501
Atlantic Blvd.
Beach Diner
535
Atlantic Blvd.
Strip Mall
599
Atlantic Blvd.
Eakin and Sneed Attorneys
615
Atlantic Blvd.
Coral Reef Animal Hosp.
Permit #03 -26553
619
Atlantic Blvd.
Monahan's
675
Atlantic Blvd.
Calvin Cole Day Spa
715
Atlantic Blvd.
BP Gas
719
Atlantic Blvd.
Dunkin Donuts
Permit #07 -1461
725
Atlantic Blvd.
North Beach Center (2)
Permit #03 -26501
751
Atlantic Blvd.
Atlantic Theaters
801
Atlantic Blvd.
Jax Federal
Permit #07 -788
815
Atlantic Blvd.
Pizza Hut
Permit #09 -793
835
Atlantic Blvd.
Sea Breeze Car Wash
980
Atlantic Blvd.
Billboard
1021
Atlantic Blvd.
Atlantic Shopping Center
1031
Atlantic Blvd.
Wells Fargo
Permit #10 -1393
1051
Atlantic Blvd.
Advance Auto Parts
1067
Atlantic Blvd.
Jiffy Lube
Permit #10 -255
1071
Atlantic Blvd.
Pier 1 Imports
Permit #11 -2434
1073
Atlantic Blvd.
Atlantic Storage
1075
Atlantic Blvd.
Doggie Day Care
Permit #08 -1694
1079
Atlantic Blvd.
Strip Mall
1089
Atlantic Blvd.
Strip Mall
1099
Atlantic Blvd.
Pawn Shop
1177
Atlantic Blvd.
Irrigation Business
37
W 81h Street
Wilson Trailers
1
Fleet Landing Blvd
Fleet Landing
Permit #10 -1227
1541
Main Street
Solar Business
1545
Main Street
ABC Business Center
310
Mayport Road
Atlantic Storage
390
Mayport Road
Club 280
499
Mayport Road
Chinese Food
501
Mayport Road
Food Mart
510
Mayport Road
All Star Automotive
Permit #04 -28532
645
Mayport Road
Multi- office Complex
660
Mayport Road
Strip Business Center
680
Mayport Road
Atlantic Beach Assembly
Permit #06 -33992
750
Mayport Road
Tropic Air Conditioning
801
Mayport Road
Office Building
AGENDA ITEM # 7D
SEPTEMBER 26, 2011
890
Mayport Road
Murr's Auto
1001
Mayport Road
US Post Office
1110
Mayport Road
Car Wash
1130
Mayport Road
Auto Clinic Strip Mall Business
1197
Mayport Road
Safari Gas
1200
Mayport Road
AEGI Engineers
1211
Mayport Road
BP Gas
1221
Mayport Road
Strip Mall Business
1400
Mayport Road
Atlantic Motor Sports
1420
Mayport Road
Specialty Marine
1500
Mayport Road
Hardees
1600
Mayport Road
Texaco Gas
1650
Mayport Road
U -Haul
1770
Mayport Road
American Storage
1790
Mayport Road
Roland's Seafood
1850
Mayport Road
Food Mart
1919
Mayport Road
Rick's Used Cars
1939
Mayport Road
Alex & Alex Salon
1996
Mayport Road
New Friendship Church
2383
Mayport Road
Pan Am Storage
2389
Mayport Road
Best Western
2401
Mayport Road
Comfort Inn
2405
Mayport Road
Walgreens
2425
Mayport Road
Kangaroo
295
Royal Palms Dr.
ABC Liquors
31
Seminole Road
King Strip Mall
32
Seminole Road
Sunnyland Laundry
28
Sherry Drive
The Palms
Permit #04 -29364
Permit# 11 -1702
Permit #09 -544
Permit #06 -33333
Permit #09 -1260
Permit #10-643
AGENDA ITEM # 7D
SEPTEMBER 26, 201 I
ORDINANCE NO.: 60 -11 -16
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND
ADVERTISING STRUCTURES, ARTICLE IV, NONCONFORMING SIGNS
AND WAIVER TO CERTAIN PROVISIONS, SEC. 17 -51 NONCONFORMING
SIGNS, TO ALLOW UNTIL JANUARY 1, 2015, FOR NONCONFORMING
SIGNS TO COME INTO COMPLIANCE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Sec. 17 -51(5) of the Code of Ordinances requires that all nonconforming
signs come into compliance with all regulations contained in Chapter 17 of the Code of
Ordinances by September 9, 2012, and
WHEREAS, the recent state of the economy in our nation and in Atlantic Beach has
made it financially difficult for many sign owners to come into compliance with all sign
regulations, and said economic and financial difficulties are expected to last well beyond
September 9, 2012, and
WHEREAS, the City Commission has determined that it is in the best interests of the
citizens of Atlantic Beach that the time to come into compliance with the sign regulations in
Chapter 17 should be extended.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Sec. 17 -51(5) of the Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby amended to read as follows:
"(5) Notwithstanding the preceding provisions of paragraphs (1) through (4),
all signs permitted within commercial and industrial zoning districts,
pursuant to section 17 -6 of this chapter, shall be made to conform with the
provisions of this chapter, as may be amended ...: +>,;,, +o„ (1 0 ) years „� +r,o
tin 02 12, ., hieh sha4l be Septe o, 2 012 on or before January 1,
2015.
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2011.
PASSED by the City Commission on second and final reading this day of
, 2011.
AGENDA ITEM # 7D
SEPTEMBER 26, 2011
ATTEST:
Donna L. Bartle, City Clerk Mike Borno, Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Adoption of Revisions to Chapter 8 Flood Hazard Areas
SUBMITTED BY: David Thompson, Assistant City Manager
Michael Griffin, CBO, CFM Interim Community Development
Director /Building Official
DATE: August 26, 2011
BACKGROUND: As recommended by the Federal Emergency
Management Agency (FEMA), attached is a strike- through and underlined
proposed ordinance with revisions to Chapter 8 Flood Hazard Areas of the
City of Atlantic Beach Code. The proposed ordinance contains the Federal
regulations governing our community participation in the National Flood
Insurance Program (NFIP) and local regulation of development in Special
Flood Hazard Areas (SFHA). The proposed ordinance is intended to assist
with our needs as related to floodplain management, land use and zoning. The
ordinance contains regulations for coastal communities with regulatory
floodways such as Atlantic Beach. The Community Rating System (CRS)
program allows discounts for flood insurance rates, for which Atlantic Beach
property owners receive a 15 percent discount.
Based on our participation in the CRS program via Chapter 44 Code of
Federal Regulations 60.3 Floodplain Management for flood -prone areas, staff
has already been required to enforce the proposed regulations. The formal
adoption of these provisions into City Code will not create additional
regulation for enforcement from what has already existed for floodplain
management.
The attached proposed ordinance has been reviewed by the State of Florida
Floodplain Management office and is recommended for adoption. The
Community Development Board heard this item August 16, 2011 and voted
unanimously to approve recommending to the City Commission for adoption.
BUDGET: No budget impact
RECOMMENDATION: Adopt Ordinance 25 -11 -42 amending Chapter 8 Flood Hazard Areas of the
City Code as recommended by the Federal Emergency Management Agency.
ATTACHMENT: STRIKE - THROUGH UNDERLINED PROPOSED ORDINANCE 25 -11 -42
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
ORDINANCE NO. 25 -11 -42
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES, FLOOD
HAZARD AREAS, RELATING TO FLOOD DAMAGE PREVENTION, IN
ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE
REGULATIONS AND POLICIES SET FORTH IN THE STATE OF
FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE;
PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR DEFINITIONS;
PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR
ADMINISTRATION; PROVIDING FOR PROVISIONS FOR FLOOD
HAZARD REDUCTION; PROVIDING FOR VARIANCE PROCEDURES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Atlantic Beach City Commission seeks to protect the health, safety and
welfare of the citizens of Atlantic Beach; and
WHEREAS, the Commission desires to amend, to the extent applicable, the City of
Atlantic Beach's current Chapter 8, Flood Hazard Areas, of the Code of Ordinances by adopting
regulations and policies set forth in the State of Florida Model Flood Damage Prevention
Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 8 of the Code of Ordinances of the City of Atlantic Beach, Florida,
Flood Hazard Areas, is hereby amended to read as follows:
"Article I. STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND OBJECTIVES
"Sec. 8 -1. Statutory authorization.
The Legislature of the State of Florida has delegated in Chapter 166, Florida
Statutes the responsibility of local governmental units to adopt regulations, designed
to promote the public health, safety, and general welfare of its citizenry. Therefore,
the City Commission of Atlantic Beach, Florida, does ordain as follows in this
chapter.
Sec. 8 -2. Findings of fact.
(a) The flood hazard areas of the City of Atlantic Beach are subject to periodic
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
inundation which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from flood damages.
Sec. 8-3. Purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due
to water or erosion hazards, or which result in damaging increases in erosion or
in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase
erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards to other lands.
Sec. 8 -4. Objectives.
The objectives of this ordinance are to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development
of flood -prone areas in such a manner as to minimize flood blight areas; and
(7) Ensure that potential home buyers are notified that property is in a flood hazard
area.
Sec. 8 -5. Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this chapter
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
its most reasonable application:
Accessory structure (Appurtenant structure) means a structure that is located on the
same parcel of property as the principal structure and the use of which is incidental to the use of
the principal structure Accessory structures should constitute a minimal investment, may not be
used for human habitation and be designed to have minimal flood damage potential. Examples
of accessory structures are detached garages carports storage sheds pole barns, and hay
sheds.
Addition (to an existing building) means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common load- bearing wall other
than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated
by independent perimeter load- bearing walls is new construction.
Appeal means a request for a review of the planning and development direGtGr's
Floodplain Administrator's interpretation of any provision of this chapter or a request for a
variance.
Area of shallow flooding means a designated AO or V- --AH Zone on a community's flood
insurance rate map (FIRM) with base flood depths from one to three (3) feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
Area of special flood hazard is the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. The term is synonymous with
"special flood hazard area ".
Base flood means the flood having a one percent chance of being equaled or exceeded
in any given year.
Base Flood Elevation means the water - surface elevation associated with the base flood.
Basement means that portion of a building having its floor subgrade (below ground level)
on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or the supporting foundation
system.
Building —see Structure
any eGGUpanGy or steFage.
Coastal high hazard area means the area subject to high velocity waters caused by, but
not limited to, hurricane wave wash. The area is designated on a FIRM as Zones VI -- 30, VE or
V.
Development means any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavating, drilling operations, or permanent storage of materials.
Elevated building means a non - basement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts
and piers), shear walls, or breakaway walls.
Encroachment means the advance or infringement of uses plant growth, fill, excavation,
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
buildings permanent structures or development into a floodplain which may impede or alter the
flow capacity of a floodplain.
Existing Construction means for the purpose of floodplain management, structures for
which the "start of construction" commenced before March 23, 1987.
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured home are to be affixed (including at a minimum the installation of utilities, the
construction of streets and either final site grading or the pouring of concrete pads) is
completed before March 23, 19870
Expansion to an existing manufactured home park or subdivision means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets and either final site grading or the pouring of concrete pads).
Flood or flooding means;
(a) Aa general and temporary condition of partial or complete inundation of normally dry
land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
The collapse or subsidence of land along a shore of a lake or other body of water
as the result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm or by an
unanticipated force of nature such as flash flood or an abnormal tidal surge or by
some similarly unusual and unforeseeable event which results in flooding as
defined in paragraph (a) (1) of this definition.
Flood Boundary and Floodwav Ma (FBFM) means the official map of the
communitv on which the Federal Em ergency Management Agency (FEMA) has
delineated the areas of special flood hazard and regulatory floodways.
Flood hazard boundary map (FHBM) means an official map of a community, issued by
FEMA the Fede Gm°rrv°nnv MaR ge m°nt A genGy, where the boundaries of the areas of
special flood hazard have been defined as Zone A.
Flood insurance rate map (FIRM) means an official map of a community, on
which FEMA the Feder Emergency ManageFnen+ Agen has delineated both the
areas of special flood hazard and the risk premium zones applicable to the community.
Flood insurance study is means the official hydrology and hydraulics report provided by
FEMAt,"-re— Fzd °pra:— ErnGrgenG Manny This report contains an examination,
evaluation and determination of flood prof hazards and if appropriate, corresponding water
surface elevations or an examination evaluation, and determination of mudslide as well as
other -flood related erosion hazards The study may also contain flood profiles, as well as the
flood insurance rate map, the flood boundary - floodway map (where applicable) and other
related data and information
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
Floodplain means any land area susceptible to being inundated by water from any
source (see definition of "flooding ".
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing where possible,
natural resources in the floodplain including but not limited to emergency preparedness plans,
flood control works floodplain management regulations and open space plans.
Floodplain Administrator is the individual appointed to administer and enforce the
floodplain regulations of the City of Atlantic Beach.
Floodplain management regulations means this ordinance and other zoning ordinances,
subdivision regulations building codes health regulations special purpose ordinances (such as
floodplain ordinance grading ordinance and erosion control ordinance and other applications
of police power which control development in flood -prone areas. This term describes Federal,
State of Florida or local regulations in any combination thereof, which provide standards for
preventing and reduction flood loss and damage.
Floodproofing means any combination of structural and non - structural additions,
changes or adiustments to structures which reduce or eliminate flood damage to real estate or
improved real property water and sanitary facilities structures and their contents.
Floodway means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Floodway fringe means that area of the one - percent (base or 100 -year) floodplain on
either side of the regulatory floodway.
Poor- means the top surfaGe of an eRGIE)sed area "R a building ("Rduding baserneRt),
tep of slab in GonGrete slab GenstruGtien or top of weed fleering in weed fFarne Genst.___...
term dees not 'nGlude the fleer of a garage used solely fer parkiRg vehi
Freeboard is a faGtE)F of safety usually expressed 1 R feet above the base fleed elevation
(13FE). in the City of AtlantiG BeaGh, freebeard is two and one-half (2.5) . Means the
additional height usually expressed as a factor of safety in feet above a flood level for
purposes of floodplain management Freeboard tends to compensate for many unknown
factors such as wave action blockage of bridge or culvert openings and hydrological effect of
urbanization of the watershed which could contribute to flood heights greater than the heights
calculation for a selected frequency flood a floodway conditions. Freeboard for the City of
Atlantic Beach is two and one half (2.5) feet above the 100 year base flood elevation.
Free of Obstruction means any type of lower area enclosure or other construction
element will not obstruct the flow of velocity water and wave action beneath the lowest
horizontal structural member of the lowest floor of an elevated building during a base flood
event This requirement applies to the structures in velocity zones (V- Zones).
Functionally dependent facility means a facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or port
facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship
repair, or seafood processing facilities. The term does not include long -term storage,
manufacture, sales, or service facilities.
Hardship as related to variances for this ordinance means the exceptional difficulty
associated with the land that would result for a failure to grant the requested variance. The
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
community requires that the variance is exceptional unusual and peculiar to the property
involved Mere economic or financial hardship alone is not exceptional. Inconvenience,
aesthetic considerations physical handicaps personal preferences or the disapproval of one's
neighbors likewise cannot as a rule qualify as an exceptional hardship; all of these problems
can be resolved through other means without granting a variance even if the alternative is more
expensive or requires the property owner to building elsewhere or put the parcel to a different
use than originally intended.
Historic Structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register:
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a register district or a district preliminarily determined by the
Secretary to qualify as a registered historic district:
(3) Individually listed on the Florida inventory of historic places, which has been
approved by the Secretary of the Interior, or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(a) By the Florida program as determined by the Secretary of the Interior, or
(b) Directly by the Secretary of Interior.
Highest adjacent grade means the highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Lowest adiacent grade means the lowest elevation after completion of construction, of
the ground sidewalk patio deck support or basement entryway immediately next to the
structure.
Lowest floor means the lowest floor of the area's lowest enclosed area (including
basement) of a building. An unfinished or flood resistant enclosure, used solely for parking of
vehicles, building access, or storage in an area other than a basement, is not considered a
buildings lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the nonelevation design standards of this chapter. Structures mean a walled and
roofed building that is principally above ground, a manufactured home, or a gas or liquid storage
tank.
Mangrove stand means an assemblage of mangrove trees which is mostly low trees
noted for a copious development of interlacing adventitious roots above the ground and which
contain one or more of the following species: Black mangrove (Avicennia nitida); red mangrove
(Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus
erecta).
Mean sea level means the average height of the sea for all stages of the tide. It is used
as a reference for establishing various elevations within the floodplain. For purposes of this
chapter the term is synonymous with national geodetic vertical datum (NGVD).
Manufactured home means a structure, transportable in one or more, sections, which is
built on a permanent chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. The term also includes park trailers, travel trailers, and
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
similar transportable structures placed on a site for one hundred eighty (180) consecutive days
or longer and intended to be improved property.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Market value means the building value which is the property value excluding the land
value and that of the detached accessory structure and other improvements on site (as agreed
to be between a willing buyer and seller) as established by what the local real estate market will
bear. Market value can be established by an independent certified appraisal (other than a
limited or curbside appraisal or one based on income approach), Actual Cash Value
(replacement cost depreciated for age and quality of construction of building) or adjusted tax -
assessed values.
Mean Sea Level means the average height of the sea for all stages of the tide. It is used
as a reference for establishing various elevations within the floodplain. For purposes of this
ordinance the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929, or
North American Vertical Datum (NA VD) of 1988.
National geodetic vertical datum (NGVD), as corrected in 1929, is a vertical control used
as a reference for establishing varying elevations within the floodplain.
New construction means structures for which the "start of construction" commenced on
or after the effestive —date of this nhapter March 23, 1987 The term also includes any
subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured home are to be affixed (including at a minimum the installation of utilities,
the construction of streets and either final side grading or the pouring of concrete pads)
is completed on or after March 23, 1987.
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a
reference for establishing varying elevations within the floodplain.
Primary frontal dune means a continuous of nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward and adjacent to the
beach and subiect to erosion and overtopping from high tides and waves during maior coastal
storms The inland limit of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
Principally above ground means that at least 51 percent of the actual cash value of the
structure is above ground.
Program deficiency means a defect in the community's floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations or of the standards required by the National Flood Insurance
Program.
Public safety and nuisance means anythinq which is injurious to safety or health of the
entire community or a neighborhood or any considerable number of persons, or unlawfully
obstructs the free passage or use in the customary manner, of any navigable lake or river, bay,
stream, canal, or basin.
Reasonably safe from flooding means base flood waters will not inundate the land or
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
damage structures to be removed from the SFHA and that any subsurface waters related to the
base flood will not damage existing or proposed building.
Recreational vehicle means a vehicle that is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal proiection;
(3) Designed to be self - propelled or permanently towable by a light duty truck;
and
(4) Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational camping travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
Remedy a deficiency or violation means to bring the regulation, procedure, structure or
other development into compliance with State of Florida Federal, or local floodplain
management regulations; or if this is not possible to reduce the impacts of its noncompliance.
Ways the impacts may be reduced include protecting the structure or other affected
development from flood damages implementing the enforcement provisions of this ordinance or
otherwise deterring future similar violations or reducing Federal financial exposure with regard
to the structure or other development.
Repetitive loss means flood related damage sustained by a structure on two separate
occasions during a 10 -year period for which the cost of repairs at the time of each such flood
event on the average equals or exceeds 25 percent of the market value of the structure before
the damage occurred.
Riverine means relating to formed by or resembling a river (including tributaries)
stream, brook, ect.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Shallow flooding — see area of shallow flooding.
Special flood hazard area — see area of special flood hazard.
Start of construction, for other than new construction or substantial improvements under
the Coastal Barrier Resources Art (P.L. 97 -348), includes substantial improvement, and means
the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, or improvement was within one hundred eighty (180) days of the permit date.
The actual start means the first placement of permanent construction of a structure (including a
manufactured home) on a site, such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and /or
walkways; nor does it include excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure.
Structures means for floodplain management purposes, a walled and roofed building
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
that is principally above ground, a manufactured home, or a gas or liquid storage tank.
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to it's before damage condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred. This term also includes
"repetitive loss" structure as defined herein.
Substantial improvement means any repair, reconstruction, alteration, or improvement to
a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the
structure, either (1) before the improvement or repair is started, or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however, include any project for
improvement of a structure required to comply with existing health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions. This term does not
include any alteration of a historic structure provided that the alteration will not preclude the
structure's continued designation as a historic structure.
Substantial improved existing manufactured home parks or subdivision is where the
repair, reconstruction rehabilitation or improvement of the streets utilities and pads equals or
exceeds 50 percent of the value of the streets utilities and pads before the repair,
reconstruction or improvement commenced.
Variance is a grant of relief from the requirements of this chapter which permits
construction in a manner otherwise prohibited by this chapter where specific enforcement would
result in unnecessary hardship.
Violation means the failure of a structure or other development to be fully compliant with
the requirements of this ordinance A structure of other development without the elevation
certificate other certifications or other evidence of compliance required in this ordinance is
presumed to be in violation until such time so as that documentation is provided.
Watercourse means a lake river, creek stream wash channel or other topographical
feature on or over which waters flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur.
Water surface elevation means the height in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Sec. 8-6. Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of
Atlantic Beach, Florida.
Sec. 8-7. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency in its most recently published Flood Insurance Study /Flood Insurance Rate Map, dated
April 17, 1989, with accompanying maps and other supporting data, and any revision thereto,
are adopted by reference and declared to be a part of this chapter.
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AGENDA ITEM # 7E
SEPTEMBER 26, 20I 1
(2) Require copies of additional Federal State of Florida or local permits, especially
as they relate to Chapters 161.052; 320.8249; 320; 320.8359; 373.036; 380.05;
381,0065; and 553 Part IV Florida Statutes be submitted along with the
development permit application and maintain such permits on file with the
development per
known may be required, and if speG federal er state permit FequiFernents are
that GGpies ef SUGh permits be provided and maintained en file with the
(3) Notify adjacent communities and the Florida Department of Community Affairs --
Division of Emergency Management — State Floodplain Management Office, St.
Johns River Water Management District, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency.
(4) Notify FEMA within six months when new technical or scientific data becomes
available to the community concerning physical changes affecting flooding
conditions so that risk premium rates and flood plain management requirements
will be based on current data.
(5) Assure that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood- carrying capacity is not diminished.
(6) Verify and record the actual elevation (in relation to mean sea level) of the lowest
floor (A- Zones) or bottom of the lowest horizontal structure member of the lowest
floor (V- Zones) of all new and substantially improved buildings, in accordance
with section 8 -32; JO WhiGh the new or substantially improved StFUGtUres have
(7) Verify and record the actual elevation (in relation to mean sea level) to which the
new and substantially improved buildings have been flood - proofed, in
accordance with section 8 -32.
(8) Review certified plans and specifications for compliance. When flood - proofing is
utilized for a particular building certification shall be obtained from a registered
engineer or architect certifying that all areas of the building, together with
attendant utilities and sanitary facilities below the required elevation are water
tight with walls substantially impermeable to the passage of water, and use
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy in compliance with this Chapter.
In Coastal High Hazard Areas certification shall be obtained from a registered
professional engineer or architect that the building is designed and securely
anchored to pilings or columns in order to withstand velocity waters and
hurricane wave wash Additionally in Coastal High Hazard Areas, if the area
below the lowest horizontal structural member of the lowest floor is enclosed, it
may be done so with open wood lattice and insect screening or with non -
supporting breakaway walls that meet the standards of section 8 -32 (b) of this
ordinance;
SeGUrely aRGhered to adequately aRGhered pilings OF GOIUM116 in order to
withstand ve!GG*ty waters and hUFFOGane wave wash.
( IR Goastal hazard apeas, the lGGal fleGdplain administrator shall review plaRs fE)r
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
(10) Where Base Flood Data is utilized obtain and
maintain records of the lowest floor and floodproofing elevations for new
construction and substantial improvement in accordance with section 8 -32
(a) and (b) respectively.
(11) Interpret Where ;n +ornro +., +c.,Y, ,S needed as + exact location of boundaries of
the areas of special flood hazard (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the local
floodplain administrator shall make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in this article.
(12) When base flood elevation data or floodway data have not been provided in
accordance with section 8 -7, then the local floodplain administrator shall obtain,
review and reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source, in order to administer the
provisions of article III.
(13) All records pertaining to the provisions of this chapter shall be maintained in the
office of the local floodplain administrator shall be open for public inspection and ..
Coordinate all change requests to the FIS FIRM and FBFM with the requester,
State of Florida and FEMA.
Sec. 8 -23. Development permit -- Established.
A development permit shall be required in conformance with the provisions of this
chapter prior to the commencement of any development activities.
Sec. 8 -24. Same -- Application procedure.
Application for a development permit shall be made to the
dir-estor Floodplain Administrator on forms furnished by him or her prior to any development
activities, and may include, but not be limited to, the following plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area in question; existing or
proposed structures, fill, storage of materials, drainage facilities, and the location of the
foregoing. Specifically, the following information is required:
(a) Application stage.
(1) Elevation in relation to mean sea level of the proposed lowest floor (including
basement) of all StFUGtures buildings
(2) Elevation in relation to mean sea level to which any nonresidential structure will
be floodproofed;
(3) Certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure will meet the floodproofing criteria in section
8- 32(b);
(4) Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development; and
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
Elevation in relation to mean sea level of the bottom of the lowest horizontal
structural member of the lowest floor and provide a certification form a registered
engineer or architect indicating that they have developed and /or reviewed the
structural designs specifications and plans of the construction and certified they
are in accordance with accepted standards of practice in Coastal High Hazard
Areas.
(b) Construction stage.
members f the lo west fteeF. Upon placement of the lowest floor, or floodproofing by
whatever construction means, or upon placement of the horizontal structural members of
the lowest floor, whichever is applicable, it shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification
of the NGVD or NAVD elevation of the lowest floor, floodproofed elevation, or the
elevation of the lowest portion of the horizontal structural members of the lowest floor,
whichever is applicable, as built, in relation to mean sea level. Said certification shall be
prepared by or under the direct supervision of a registered land surveyor or professional
engineer and certified by same. When floodproofing is utilized for a particular building,
said certification shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. Any work undertaken prior to submission of
the certification shall be at the permit holder's risk. The planning and developm
tsr Floodplain Administrator shall review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to further progressive work being permitted to proceed. Failure to
submit the survey or failure to make said corrections required hereby, shall be cause to
issue a stop -work order for the project.
Sec. 8 -25. Variance procedures.
(a) The board of adjustment as established by the Gity City Commission shall hear and
decide appeals and requests for variances from the requirements of this chapter.
(b) The City Commission shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or
administration of this chapter.
(c) Any person aggrieved by the decision of the City Commission or
any taxpayer may appeal such decision to the Circuit Court of the State of Florida.
(d) Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places
without regard to the procedures set forth in the remainder of this section, except for
section 8- 25(h)(1) and (4), and provided the proposed reconstruction, rehabilitation, or
restoration will not result in the structure losing its historical designation.
(e) In passing upon such applications, the board of appeals shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this chapter,
and:
(1) The danger that materials may be swept onto other lands to the injury of others;
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity of the facility to a waterfront location, in the case of a functionally
dependent facility;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
and
(11) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
(f) Upon consideration of the factors listed above, and the purposes of this chapter, the
City Commission —may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
(g) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(h) Conditions for variances:
(1) Variances shall only by issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief; and in the
instance of a historical building, a determination that the variance is the minimum
necessary so as not to destroy the historic character and design of the building.
(2) Variances shall only be issued upon (i) a showing of good and sufficient cause,
(ii) a determination that failure to grant the variance would result in exceptional
hardship; and (iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary public
expense, create nuisance, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation to
which the structure is to be built and stating that the cost of flood insurance will
be commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(4) The Floodplain Administrator shall maintain
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AGENDA ITEM # 7E
SEPTEMBER 26, 2011
(i) Any alteration, repair reconstruction or improvements to a structure which is in
compliance with the provisions of this chapter shall meet the requirements of "new
construction" as contained in this chapter.
Any alteration repair, reconstruction or improvements to a building that is not in
compliance with the provisions of the ordinance shall be undertaken only if said
nonconformity is not furthered extended, or replaced;
All applicable additional Federal State of Florida and local permits shall be obtained
and submitted to the Floodplain Administrator along with the application for development
permit Copies of such shall be maintained on file with the development permit. State of
Florida permits may include but not be limited to, the following:
(1) St Johns River Water Management District: in accordance with Chapter 373.036
Florida Statutes Section (2) (a) — Flood Protection and Floodplain Management;
(2) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of
Critical State Concern and Chapter 553 Part IV F.S. Florida Building Code;
(3) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Site
Sewage Treatment and Disposal Systems; and
(4) Department of Environmental Protection Coastal Construction Control Line: in
accordance with Chapter 161.053 F.S. Coastal Construction and Excavation;
(1) Standards for Subdivision Proposals and other new Proposed Development (including
Manufactured homes):
(1) Such proposals shall be consistent with the need to minimize flood damage;
(2) Such shall have public utilities and facilities such as sewer, gas electrical, and water
systems located and constructed to minimize or eliminate flood damage; and
(3) Such proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
(m) When proposed new construction and substantial improvements are partially located in
an area of special flood hazard the entire structure shall meet the standards for new
construction.
(n) When proposed new construction and substantial improvements are located in multiple
flood hazard risk zones or in a flood hazard risk zone with multiple base flood elevation,
the entire structure shall meet the standards for the most hazardous flood hazard risk
zone and the highest base flood elevation.
Sec. 8 -32. Specific standards.
In all A -Zone areas of special flood hazard where base flood elevation data have been
provided (Zones AE, AI - 30, A (with base flood elevations) and AH) as set forth in section 8 -7 er
seG tiOn 8 23(k) the following provisions are required in addition to those set forth in Section 8-
31:
(a) Residential construction. New construction or substantial improvement of any residential
StFUGtUreresidential structure (including manufactured home) shall have the lowest floor,
including basement, elevated no lower than the two and one half feet (2.5') above base
flood elevation. Should solid foundation perimeter walls be used to elevate a structure,
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
openings sufficient to facilitate the unimpeded movements of flood waters shall be
provided in accordance with standards of section 8- 32(c).
(b) Nonresidential construction. New construction or substantial improvement of any
commercial, industrial, or nonresidential structure shall have the lowest floor, including
basement, elevated no lower than the level of the base flood elevation. Structures
located in all A Zones may be floodproofed in lieu of being elevated provided that all
areas of the structure below the required elevation are water tight with walls substantially
impermeable to the passage of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A
registered professional engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be provided to the affiGial as set forth in
seG t i en 8-2 along with the corresponding engineering data and the operational and
maintenance plans shall be provided to the Floodplain Administrator
(c) Enclosures below the Lowest Floo[Qev ted "v#d#W New construction or substantial
improvements that include fully enclosed areas formed by
foundation and other exterior walls below the lowest floor base fleed elevatioR shall be
designed to preclude finished living space and designed to allow for entry and exit of
floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
(1) Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet the following minimum criteria:
(2a) Provide a minimum of two (2) openings on different sides of each enclosed area
having a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
(3b) The bottom of all openings shall be no higher than one foot above adjacent
interior grade (which must be equal to or higher in elevation than the adjacent
exterior grade) and
(4s) Openings may be equipped with screens, louvers, valves or other coverings or
devices provided they permit the automatic flow of floodwaters in both directions.
(54) Electrical, plumbing, and other utility connections are prohibited below the base
flood elevation.
(62) Access to the enclosed area shall be the minimum necessary to allow for parking
of vehicles (garage door) or limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or entry to the living area
(stairway or elevator).
(73) The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
(d) Standards for Manufactured Homes and Recreational Vehicles
All manufactured homes that are placed or substantially improved within Zon
Al 30 AH and AE on sites outside of an existing manufactured home park or
subdivision in a new manufactured home park or subdivision in an expansio to
an existing manufactured home park or subdivision or in an exist
manufactured home park or subdivision on which a manufactured home has
incurred "substantial damage" as the result of a flood the lowest floor be
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
elevated on a permanent foundation to no lower than two and one half (2.5) feet
above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist floatation collapse and lateral movement.
All manufactured homes to be placed or substantially improved in an existing
manufactured home park or subdivision that are not subject to these provision of
paragraph 4 (a) of this Section must be elevated so that either:
(a) The lowest floor of the manufactured home is elevated to no lower
than two and one -half feet above the base flood elevation, or
(b) The manufactured home chassis is supported by reinforced piers or
their foundation elements of at least an equivalent strength that are no
less than 66 inches in height above the grade and securely anchored to
an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
All recreational vehicles must be either:
(a) Be on the site for fewer than 180 days,
(b) Be fully licensed and ready for highway use (a recreational vehicle is
ready for highway use if it is on its wheels or lacking s system, is
attached to the site only by quick disconnect type utilities and security
devices and has not permanently attached additions), or
(c) Meet all the requirements for new construction including anchoring
and elevation standards in accordance with Section 8 -32.
e4 Adequate drainage paths around structures shall be provided on slopes to guide water
away from structures with Zone AH.
Standards for waterways with established Base Flood Elevations but without Regulatory
Floodways.
Located within the areas of special flood hazard established in Section 8 -7 of this
ordinance where streams exist for which base flood elevation data has been provided by
the Federal Emergency Management Agency without the delineation of the regulatory
floodway (A Zones AE and Al -30) the following provisions in addition to those set forth in
Section 8 -32 (a) through (e), shall apply:
(1) Until a regulatory floodway is designated no new construction, substantial
improvements or other development including fill shall be permitted within the
areas of special flood hazard unless it is demonstrated that the cumulative effect
of the proposed development when combined with all other existing and
anticipated development will not increase the water surface elevation of the base
flood more than one foot at any point in the community.
(2) Development activities which increase the water surface elevation of the base
flood by more than one foot may be allowed provided that the developer or
applicant first applies — with the community's endorsement- for a conditional
FIRM revision and receives the approval of the Federal Emergency
Management Agency (FEMA).
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
Standards for waterways with establ Base Flood Elevations and Floodways.
Located within the areas of special flood hazard established in Section 8 -7 of this
ordinance are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the high velocity of flood waters which carry
debris potential projectiles and have significant erosion potential, the following
provisions in addition to those set forth in Section 8 -32 (a) through (e)e# —th+s
ofd# tee, shall apply:
(1) Prohibit encroachments including fill new construction substantial
improvements and other developments within the regulatory floodway unless
certification (with supporting technical data) by a registered professional
engineer is provided through hydrological and hydraulic analyses performed in
accordance with standard engineering practice demonstrating the
encroachments would not result in anV increase in flood level during occurrence
of the base flood discharge.
(2) Development activities including new construction and substantial
improvements within the requlatorV floodway that increase the base flood
elevation may be allowed provided that the developer or applicant first applies —
with the community's endorsement- for a conditional FIRM revision, and receives
the approval from FEMA.
(3) When fill is proposed in accordance with the permit issued by the Florida
Department of Health within the requlatorV floodway the development shall be
issued only upon demonstration bV appropriate engineering analyses that the
proposed fill will not increase the water surface elevation of the base flood in
accordance with Section 8 -32 (g)(1).
(h) For all structures located seaward of the Coastal Construction Control Line (CCCL), the
lowest floor of all new construction and substantial improvement shall be elevated to no
lower than the 100 -year flood elevation established by the Florida Department of
Environmental Protection or by FEMA in accordance with section 8 -7, whichever is
higher. All non - elevation design requirements of Section 8 -32 shall apply.
(e) Coastal high hazard areas (V Zones). Located within the areas of special
flood hazard established in section 8 -7 are areas designated as coastal
high hazard areas designated as Zones V1 -30 VE, or V (with BFE)
Thes d with wa wash
tFiCa�- Ctrca-Jr�r wa ,
therefore The following provisions shall apply:
(1) Meet the standards of Section 8 -24 -add- Section 8 -31 and Section 8 -32 (except
(2) All buildings or structures shall be elevated so that the bottom of the lowest
supporting horizontal member (excluding piles or columns) is located no lower
than the two and one -half feet above the base flood elevation level, whether or
not the structure contains a basement. with all spaGe below the lowest supporting
member open so as not te impede the flow of wateF. Open lattiGe woFk GF
deGOrative sGreeRing may be permitted for aesthetiG purposes only and must
designed to wash away in the event of abnormal wave aGtiC)R in aGGOrdanGe with
oGtion 8 32 (e) (8)
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
(3) All new construction b u il dings OF S Fes and substantial improvements
in Zones V1 -30, VE, and V (with BFE) shall be securely anchored on
pilings or columns.
(4) The AR pilings apA or columns foundation and the attached structures shall be
anchored to resist flotation, collapse, and lateral movement due to the effect of
wind and water loads acting simultaneously on all building components. The
anchoring and support system shall be designed with wind and water loading
values which equal or exceed the 100 -year mean recurrence interval (one
percent annual chance flood). Wind loading values will be those required by the
applicable State of Florida or local if more stringent than those of the State of
Florida, building standards.
5) For all buildinas located seaward of the C oastal Construction Control Line (CCCL
the bottom of the lowest horizontal structural member of the lowest floor of all new
construction and substantial improvements shall be elevated to the 100 -year flood
elevation established by the Florida Department of Environmental protection or the base
flood elevation plus two and one -half feet whichever is the higher. All non - elevation
design requirements of this section shall apply.
(6) A registered professional engineer or architect shall se#+€y develop or review that
the structural design, specifications and plans for the construction and shall
certify that the desiqn and methods of construction to be used are in see
accordance with accepted standards of practice for meeting with the provisions
contained in seGfion Q 32(()(2) (3) and (4` .,f this Ghaptef
M The elevation (in relationship to mean sea level) must be obtained of the bottom
of the lowest horizontal structural member of the lowest floor (excluding pilings
and columns) of all new and substantially improved structures. The Floodplain
Administrator shall maintain a record of all such information.
All new construction and substantial improvements shall be located landward of
the reach of the mean high tide.
(9) There shall be no fill used as structural support. Noncompacted fill may be used
around the perimeter of a building for landscaping /aesthetic purposes provided
the fill will wash out from storm surge, thereby rendering the building free of
obstruction, prior to generating excessive loading forces, ramping effects, or
wave deflection. The Floodplain Administrator -plannoRg and development direGto
shall approve design plans for landscaping /aesthetic fill only after the applicant
has provided an analysis by an engineer, architect, and /or soil scientist, which
demonstrates that the following factors have been fully considered:
a. Particle composition of fill material does not have a tendency for
excessive natural compaction;
b. Volume and distribution of fill will not cause wave deflection to adjacent
properties; and
C. Slope of fill will not cause wave run -up or ramping.
(10) When fill is proposed in accordance with the permit issued by the Florida
Department of Health in costal high hazard areas the development permit shall
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
be issued only upon demonstration by appropriate engineering analyses that the
proposed fill will not increase the water surface elevation of the base flood nor
cause any adverse impacts to the structure on site or other properties by wave
ramping or deflection.
1( 1) There shall be no alteration of sand dunes or mangrove stands which would
increase potential flood damage.
(12) All new construction and substantial improvements shall have the space below
the lowest floor either free of obstruction or constructed with nonsupporting
breakaway walls, 4= lattice work or deseFative insect screening intended to
collapse under the wind and water loads without causing collapse, displacement
or other structural damage to the elevated portion of the foundation or supporting
foundation system. For the purpose of this section, a breakaway wall shall have a
design safe loading resistance of not less than 10 and no more than 20 pounds
per square foot Use of breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by design or when so required by
State of Florida or local codes) may be permitted only if a registered engineer or
architect certified that the designs proposed ' shall be allowed below the basee
flood elevation provided they are not part of the structural support of the building
and are designed so as to breakaway, under abnormally high tides or wave
action, without damage to the structural integrity of the building on which they are
to be used _
a. No selid wall shall be allewed; and
h Matermal shall nnnsist of lattine or mesh snreeni _ g only
(13) if aesthetic Gat ii ^e work OF SGreening enclosed space
shall not be designed to be used for human habitation, but shall be
designed to be used only for parking of vehicles, building access, or
limited storage of maintenance equipment used in connection with the
premises. Such space shall not be finished, partitioned into multiple rooms
or temperature - controlled.
(14) Prohibit the placement of manufactured homes (mobile homes), except in an
existing manufactured home (mobile home) park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home
park or subdivision provided the anchoring standards of section 8- 31(b), and the
elevation standards of section 8 -32(a) are met.
Sec. 8 -33. Standards for StFeGm A -Zones without established base flood elevations and /eF or
regulatory floodways.
Located within the areas of special flood hazard established in section 8 -7, where sma
there exist A Zones streams exist but where no base flood data have been provided or
where no floodways have been provided, the following provisions apply:
(a) Require standards of Section 8 -32 be enforced. base flead elevation data
then the local obtawn, Fev;ew, and reasonably
utilize
any base
flood elevatweR and floodway data available frern a federal,
state, E)F
other GE)UFGe
AGENDA ITEM # 7E
SEPTEMBER 26, 2011
(b) Require that all new subdivision proposals and other proposed
developments (including proposals for manufactured home parks and
subdivisions) greater than 50 lots or 5 acres, whichever is lesser, include
within such proposals base flood elevation data. Standards set forth in
Section 8 -32 shall apply. flood
f material or st ructures , sh be permitted unless oortif atkm by o
registered professional engineer is provided dernORstrating that the
su ti
_eleya� on o b ase flood mere than one (1) feet at any point
within the GOFnrnunity. The e aerfif should be supported
by t8GhRiGal d'ca that GOnfl&r.m.1s; idraulin onnipoorinn
prim
(c) The Floodplain Administrator shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a Federal, State of Florida,
or any other source, in order to administer the provisions of this ordinance. When
such data is utilized, provisions of Section 8 -32 shall apply. The Floodplain
Administrator shall:
a) Obtain the elevation (in relation to the mean sea level) of the lowest
floor (including the basement) of all new and substantially improved
structures.
b) Obtain, if the structure has been floodproofed in accordance with the
requirements of Section 8 -32, the elevation in relation to the mean sea
level to which the structure has been floodproofed, and
c) Maintain a record of all information.
111 SpeGial floed hazard areas without base flood elevation and floodway data,
ReW GonStFUGtiOR and substantial of existing StFUGWres shall have
the lowest floor of the lowest enGlesed area (iRGluding baserneRt) elevated no
less than two (2) feet above the highest adjaGent grade at the buildirlg—&--
(d) Notify, in Riverine situations, adjacent communities, the Florida Department of
Community Affairs- NFIP Coordinating Office, and the St. Johns River Water
Management District prior to any alteration or relocation of a watercourse, and
submit copies of such notifications to FEMA. A minimum finished floor elevation
of one (1) feet above the GFGWR of the read of fthhe npearies-st. adjaGent roadway shall
be maintained in all fleed zones.
(e) Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained. , '
dUGtwerk —etG. shall —be— allowed below the base fleed elevation plus the
f) Manufactured homes shall be installed using methods and practices that
minimize flood damage. They must be elevated and anchored to prevent
floatation, collapse, and lateral movement. Methods of anchoring may include,
but are not limited to, use of over - the -top or frame ties to the ground anchors.
This requirement is in addition to applicable State of Florida and local anchoring
requirements for resisting wind forces.
AGENDA ITEM # 7E
SEPTEMBER 26, 20I 1
(g) When the data is not available from any source, in accordance with standards set
forth in Section 8 -32 the lowest floor of the structure shall be elevated to no
lower than three feet above the highest adiacent grade. Standards set forth in
Section 8 -32 shall apply.
Sec. 5 -34. Standards for subdivision proposals.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas
electrical and water systems located and constructed to minimize flood damage.
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards;
(d) Base flood elevation data shall be provided for subdivision proposals and other
proposed development (including manufactured home parks and subdivisions) which is
greater than the lesser of fifty (50) lots or five (5) acres.
Sec. 5 -35. Standards for areas of shallow flooding (AO Zones).
Located within the areas of special flood hazard established in section 8 -7, are areas
designated as shallow flooding areas. These areas have special flood hazards associated with
base flood depths of one to three (3) feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and indeterminate; therefore, the following provisions
apply:
(a) All new construction and substantial improvements of residential structures in all
AO Zones shall have the lowest floor, including basement, elevated to the depth
number specified on the flood insurance rate map, in feet, above the highest
adjacent grade. If no depth number is specified, the lowest floor, including
basement, shall be elevated, at least tw —, three 3 I feet above the highest
adjacent grade.
(b) All new construction and substantial improvements of nonresidential structures
shall:
(1) Have the lowest floor, including basement, elevated to the depth number
specified on the flood insurance rate map, in feet, above the highest
adjacent grade. If no depth number is specified, the lowest floor, including
basement shall be elevated at least +w—i=, 1hree 3 _L_J feet above the
highest adjacent grade; or
(2) Together with attendant utility and sanitary facilities be completely
floodproofed no less than one foot to er above that level so that any
space below that level is watertight with walls substantially impermeable
to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy.
(3) Adequate drainage paths around structures shall be provided on slopes
to auide water awav from structures.
(4) Fully enclosed areas below the lowest floor that are subiect to flooding
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AGENDA ITEM # 8A
SEPTEMBER 26, 2011
Payment would be on the first pay period in December which is December
2, 2011. The City has approximately 108 employees that will have 1 year
of service and approximately 100 employees that will have 2.5 years of
service as of October 1, 2011.
Although cost information includes all employees, pay adjustments for
union members must be negotiated with the City's two unions.
One year of service and a 1.1058% lump sum bonus.
Estimated cost of $66,000.
2. Two and one -half years of service and a 1.1835% lump sum bonus.
Estimated cost of $66,000.
3. A lump sum payment in the amount of $556.11 to all employees with 1
year of service.
Estimated cost of $66,000.
4. A lump sum payment in the amount of $600.60 to all employees with
2.5 years of service.
Estimated cost of $66,000.
RECOMMENDATION:
Although there are pros and cons to each of the options, I would
recommend Option 3 as it will provide the lower paid employees with a
greater bonus in relationship to their annual pay.
If approved, funds need to be added to the FY 2012 budget.
REVIEWED BY CITY MANAGER:
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The Financial News & Daily ord - Jacksonville, Florida
Notice of Bide 11.6317
CITY OF ATLANTIC BEACH
INV[TATIONTO BID
Notice is hereby given that the City of AtInntic Beach, Florida, will receive sealed bids, submitted IN
TRIPLICATE, at the Office of the Purchasing Agent, 800 Seminole Road, Atlantic Beach, Florida
3 until 2:45 p.m., on Wednesday, August 2 4, 2011 for BID NO. 1011-23: PURCHASE NEW
CHEVROLET VOLT VEHICLE, to be opened Wednesday, August 24, 2011. Bids will be opened In the
City Hall Commission Chambers, Soo Seminole Road, at 3:oo p.m. Any Bid received after 2:45 P.M.
will NOT be accepted.
Bid specifications will be open to public Inspections, and bidders may obtain complete sets of Bidding
Documents from our website at www.coah.us /bids. You may also obtain the specifications by
contacting the Purchasing Agent, Patricia Drake at pdrake @coab.us or (9 2 47 - 5 880 , Boo Seminole
Road, Atlantic Beach, Florida 3
Bid prices mast remain valid for ninety (9o) days after the public opening of the bids. Goods and
services proposed shall meet all requirements of the Ordinances of the City of Atlantic Beach, Florida.
Patricia Drake
Purchasing Agent
Aug.3 (11 -6 317)
AGENDA ITEM # 813
SEPTEMBER 26, 2011
http:// www. jaxdailyrecord .com/publicnotice.php ?Category= Notice of Bids &mode =daily 8/3/2011
AGENDA ITEM # 8B
SEPTEMBER 26, 2011
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AGENDA ITEM # 8C
SEPTEMBER 26, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Change Order No.I for Bid 10 11- 16
Contract Time Extension
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
DATE: September 2, 2011
BACKGROUND: The contract awarded to WPC Industrial Contractors, LLC for completing
the Sludge and Odor Control project at WWTP #1 included a 270 -day timeframe to substantially
complete the project. Based upon the contractor's discussions with the major sludge treatment
equipment manufacturer, the equipment delivery schedule will delay the project completion by
approximately 2 months.
In the current economy, many equipment suppliers are not keeping parts and equipment in stock,
but awaiting confirmed orders before they begin to manufacture items. Staff has experienced
similar delays in other projects and in replacing plant and lift station equipment recently.
The contractor is not requesting additional funds, only time.
The time extension will affect the construction engineering and inspection (CE &I) contract with
our engineer, J. Collins Engineering Associates, LLC (JCEA). JCEA has agreed to waive the
engineers' additional time for construction administration, but is requesting additional funds to
cover the cost of the onsite inspector's time. JCEA also reduced by half the profit and overhead
that was included in their contract, making the total additional costs $21,015.60 for the two
months of additional inspection.
BUDGET: Funds are available for the additional engineering costs under account number 410-
5508- 535 -63 -00 due to the TMDL projects coming in under budget.
RECOMMENDATION: Authorize the City Manager to execute Change Order No. 1 for WPC
Industrial Contractors, LLC for additional time at no added costs. Approve additional funds for J.
Collins Engineering Associates, LLC for onsite inspection in the amount of $21,015.60.
ATTACHMENTS: 1. Change Order No. 1
2. Fee Proposal from JCEA for Extended Construction
Administration and Inspection Services.
REVIEWED BY CITY MANAGER:
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AGENDA ITEM # 8C
SEPTEMBER 26, 2011
Page 2 of 2
D. Kaluzniak —City of Atlantic Beach
September 2, 2011
If you have any question, please contact me at the office.
Very truly yours,
John E. Collins, Jr PE
Project Manager
J. Collins Engineering Associates, LLC
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AGENDA ITEM # 9A
SEPTEMBER 26, 2011
September 19, 2011
MEMORANDUM
TO: The Honorable Mayor
and Members of the Commission
FROM: Jim Hanson
anager
SUBJECT: City Mana er's Report
Strateiie Plan Quarterly Report Attached for your review is a report of the progress on the City's
Strategic Plan dated September 2011. The Commission should already be familiar with the status of most
of the projects in this report because many of them have been discussed at regular commission meetings
and the Commission has had to take action on several of them. If you have any questions or need any
additional information, please feel free to ask.
AGENDA ITEM # 9A
SEPTEMBER 26, 2011
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AGENDA ITEM # l0A
SEPTEMBER 26, 201 l
MINUTES
Board Member Review Committee Meeting
September 14, 2011
Call to order
The meeting was called to order by Mayor Pro Tern John Fletcher at 5:03 pm. Those in attendance
were Mayor Pro Tern John Fletcher (Chairman), City Manager Jim Hanson, Member Mitchell Reeves,
Member Jim Smith, City Clerk Donna Bartle, Police Officers' Pension Board of Trustees Chairman
Vic Gualillo, and General Employees' Pension Board of Trustees Vice Chairman Harry McNally.
1. Approval of the minutes of the BMRC meeting of July 14, 2011.
Motion: Approve minutes of the Board Member Review Committee meetin of July 14, 2011.
Moved by Smith, seconded by Reeves
Motion carried unanimously
2. Discuss current members on the Pension Board of Trustees whose terms are expiring and
are interested in reappointment (4 upcoming vacancies).
A. John Wolfel (term on PBOT Police expires on 10 /11 /11)
B. Alan Gleit (term on PBOT General expires on 10 /11 /11)
C. Bob Sternfeld (terms on PBOT Police & Gen. expire on 12/31/11)
Mayor Pro Tern Fletcher confirmed there are four vacancies to address on the Pension Board of
Trustees - two on Police and two on General. Ms. Bartle confirmed that the current members listed on
the agenda are interested and are to be considered for reappointment; however, no member should be
appointed to serve both boards. She explained there is one vacancy that will require replacement by a
new member.
The Committee discussed the attendance record of the three members as well as their contributions to
the Pension Board of Trustees.
Motion: Recommend reappointing Bob Sternfeld to serve an additional term on the General
Employees' Pension Board of Trustees beginning January 1, 2012.
Moved by Reeves, seconded by Hanson
Motion carried unanimously
Motion: Recommend reappointing Alan Gleit to serve an additional term on the General
Employees' Pension Board of Trustees beginning October 12, 2011.
Moved by Smith, seconded by Reeves
Motion carried unanimously
Motion: Recommend reappointing John Wolfel to serve an additional term on t he Police
Officers' Pension Board of Trustees beginning October 12,201L
Moved by Smith, seconded by Reeves
Motion carried unanimously
AGENDA ITEM # l0A
SEPTEMBER 26, 2011
3. Interview new candidates (listed below)
New candidates:
A. Michael Witherspoon
B. William Mayhew
The Committee interviewed Mr. Witherspoon and Mr. Mayhew separately. The purpose of the
interview and an overview of the duties and responsibilities of the Pension Board of Trustees were
explained to each, including the requirement to file Financial Disclosure forms. Each applicant
explained his personal accomplishments, goals and interests in the community. The Committee
offered the applicants the opportunity to ask questions and the Committee responded to those
questions.
4. Make recommendations on (re)appointments to fill the upcoming vacancies (2 General
and 2 Police) on the Pension Board of Trustees.
After the interviews were completed, the Committee discussed each candidate interviewed.
Motion: Recommend appointing Michael Witherspoon to serve as a new member on t he Police
Officers' Pension Board of Trustees beginning January 1, 2012.
Moved by Reeves, seconded by Smith
Motion carried unanimously
6. Set agenda for next meeting
Mrs. Bartle reported that the Committee will need to address membership on the Community
Development Board at the next meeting for the terms expiring on December 31, 2011. She reported
that Mr. Stratton's name was inadvertently left off the vacancy list that was in the packet since he was
just appointed for an unexpired term so there are three members' terms expiring, not two. The
Committee agreed to set the next meeting for October 4, 2011 at 5:00 pm.
Adjournment
There being no other business, the meeting adjourned at 6:08 pm.
John Fletcher
Chairman
Minutes of the Board Member Review Committee Meeting on September 14, 2011 Page 2 of 2
AGENDA ITEM # IOA
SEPTEMBER 26, 2011
CITY OF ATLANTIC BEACH
BOARD/ COMMITTEE MEMBER APPLICATION FORM
Please check (�) the box beside each Board or Committee that you are applying to serve on. 8 ck more than
one, please rank your interest in each board / committee by order of priority.
(A summary of each board /committee is available on page 2 of this form.) SEP _ 6 2011
Code Enforcement Board — Community Development Board
Pension Board of Trustees — Board Member Rxn6jpwdWpcQwittee
Cultural Arts and Recreation Advisory Committee
DATE: ' �J APPLICANT'S NAME: '
ADDRESS:
n��Vlv�,zz
DAYTIME PHONE: 9O r EVENING PHONE:
ADDRESS:
Please explain any employment experience, board /committee experience, and /or community volunteer experience
rela v o tkle board /c mi tee app in for.
.p r-. �. .. r)
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
PLEASE NOTE This application will expire two (2) years after date of submittal.
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board /committee.
AGENDA ITEM # IOA
SEPTEMBER 26, 2011
M. MICHAEL (MIKE) WITHERSPOON
679 Ocean Blvd.
Atlantic Beach, FL 32233
904 - 249 -7515
PROFESSIONAL 1984 Graduate of Stonier Graduate School of
EDUCATION Banking, Rutgers University, New Brunswick, New
Jersey.
1976 Graduate of Georgia School of Banking
University of Georgia, Athens, Georgia.
PERSONAL Licensed Florida Real Estate Agent.
EDUCATION
Licensed Florida Mortgage Broker.
1967 Graduate of Georgia State University
Atlanta, Georgia (BBA - Management).
1964 Graduate of Georgia Military College,
Milledgeville, Georgia
1962 Graduate of Duncan U. Fletcher High School
Jacksonville Beach, Florida
OTHER Trust Company Bank, Atlanta, Ga., Operations
EDUCATION Training Program.
Trust Company Bank, Atlanta, Ga., Commercial Bank
Training Program with emphasis on analyzing
retail and corporate Lines of Credit.
EXPERIENCE July 2001 - 2008: Present /CEO of Mortgage City Corp.
May 1999 - April 2000: President /CEO of Atlantic
BancGroup, Inc.(parent company of Oceanside Bank
and Oceanside Mortgage Group, Inc.), Jacksonville
Beach, Fla. Continue to serve as Chairman of the
Board of Oceanside Bank.
Aug 1996 - Dec 1999: Founding Chairman /CEO of
Oceanside Bank, Jacksonville Beach, Fla.
Jan 1995 - Aug 1996: Business Software
Consulting. Primarily selling and installing
business and medicial software.
Nov 1992 - Jan 1995: President and CEO of
The Bank of Dodge County, Eastman, Ga.
April 1991 - Nov 1992: Founding President and
Chief Executive Officer of The Beach Bank,
Jacksonville, Beach, Fla. (In Organization).
AGENDA ITEM # l0A
SEPTEMBER 26, 2011
June 1988 - April 1991: Founding President and
Chief Executive Officer of United Bank & Trust
Company, Rockmart, Georgia.
July 1986 - June 1988: Executive Vice President,
Citizens Bank, Dallas, Ga., a $65,000,000
commercial bank. In charge of day to day
operations.
October 1984 - May 1986: President and Chief
Executive Officer of Commercial State Bank,
Donalsonville, Ga.
January 1984 - October 1984: President and Chief
Executive Officer of a software house
specializing in bank software packages.
June 1964 - January 1984: Trust Company of
Georgia to include:
a. Vice President of Administrative
Services for the Programming Department.
b. Assistant Vice President in charge of
Atlanta servicing and state wide
conversions of all bank applications
offered by Trust Company to its 131
correspondent and subsidiary banks.
C. Administrative Assistant in department
that performed many different service
bureau type services for other Trust
Company departments.
d. Computer Operator.
SKILLS/
KNOWLEDGE Founding CEO of two community banks located in
Georgia and Florida.
President /CEO of two commercial banks with in-
house computer systems.
General Business to include:
a. Accounts Receivable
b. Accounts Payable
C. General Ledger
d. Budget Preparation /Analysis
e. Cash Flow Statement /Analysis
f. Financial Statement Analysis
g. Inventory Control
h. Fixed Assets
Banking to include:
a. Demand Deposit Accounting
b. Time Deposit Accounting
C. General Ledger
d. Commercial Loans
e. Installment Loans
f. Mortgage Loans
g. Safe Box Deposit Accounting
AGENDA ITEM # I OA
SEPTEMBER 26, 2011
h. Certificate of Deposit Accounting
i. Stockholder Accounting
Micro Computer Applications to Include:
a. Word Processing
b. Spreadsheet Management
C. Data Base Management
REFERENCES: (On Request)
AGENDA ITEM # 10A
SEPTEMBER 26, 2011
CITY OF ATLANTIC BEAGN
BOARD / COMMITTEE MEMBER APPLICATION FORM
Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board / committee by order of priority.
(A summary of each board /committee is available on page 2 of this form.)
_ Code Enforcement Board — Community Development Board
x Pension Board of Trustees _ Board Member Review Committee
T Cultural Arts and Recreation Advisory Committee
DATE: July 15, 2011 APPLICANT'S NAME:
William E. Mayhew
ADDRESS: 1870 Sherry Drive N. Atlantic Beach
DAYTIME PHONE: 242 8629
E-MAIL ADDRESS: bilhnay22@att.net
EVENING PHONE:
Please explain any employment experience, board/committee experience, and/or community volunteer experience
relative to the board/committee applying for.
Pension and benefits consultant for 25 years CPCU CLU ChFC. Served on Retirement /Pension Benefits
committees at Hamilton Bank in Chattanooga, Tn United American Bank in Knoxville Tn. , Manal;ed HR - function
at Bankers Service Group Knoxville Tn and Regional Acceptance Corporation Greenville, NC.
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board/committee.
See Above.
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 Received
PLEASE NOTE This application will expire two (2) years after date of submittal.
JUL 15 2011
omee of city clerk
AGENDA ITEM # I OA
SEPTEMBER 26, 20I I
William E. Mayhew September 14, 2011
1870 Sherry Drive N.
Atlantic Beach, Fl 32233
Education:
Davidson College BA in Psychology /Business
Wake Forest University Executive Management Program
Babcock Graduate School
Professional Designations: Chartered Property /Casualty Und. (CPCU)
Chartered Life Underwriter (CLU)
Chartered Financial Consultant (ChFC)
Relevant Experience Hamilton Bancshares -Ass't VP
- Insurance /Benefits Coordinator
- Retirement /Benefits Committee
Bankers Service Group- President
-Human Resources Manager
- Benefits Consultant
Regional Acceptance Corporation -EVP
-Human Resources Manager
Note:
Retired 15 years, no experience with municipalities.