10-10-11 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
October 10, 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 26, 2011 and
Special Called (Shade) meeting on October 3, 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 Recreation Report for August 2011, the Public Works and
Utility Departments Project Status Report as of September 30, 2011 and the List of New
Business Tax Receipts issued in September 2011.
B. Declare the list of property as surplus.
C. Authorize the City Manager to sign the contracts with ABAA, ABET, yoga instructor Linda
White and tennis professional Brecht Catalan.
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 11 -26
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY
MANAGER TO EXECUTE A NEW MAINTENANCE AGREEMENT BETWEEN THE CITY
OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION,
AND PROVIDING AN EFFECTIVE DATE.
7. Action on Ordinances
A. ORDINANCE NO. 80-11-81, Public Hearing and Final 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.
1
B. ORDINANCE NO. 60-11-16, Public Hearing and Final 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.
C. ORDINANCE NO. 25-11-42, Public Hearing and Final 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. Cost to install crosswalks. (City Manager)
B. Restructuring to continue responsibilities of Redevelopment Coordinator. (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda
item. However, the City Commission may act upon any agenda subject, regardless of how the matter is
stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
Clerk by 5:00 PM, Friday, October 7, 2011.
2
MINUTES
REGULAR CITY COMMISSION MEETING
September 26, 2011
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tern John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order /Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Woods 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 September 12,
2011.
Motion: Approve the minutes of the Regular Commission Meeting of September
12, 2011, as written.
Moved by Daugherty, Seconded by Fletcher.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Richard Selby, 3 Forrestal Circle N., addressed the Commission regarding the
beautification of Mayport Road, stating he believes it needs to be ripped out. He stated
it is causing major problems for fire trucks and people trying to cross Mayport Road
between Atlantic Blvd. and Plaza, as well as costing the City thousands of dollars a
year to maintain it. He also addressed employee bonuses, recommending that if they
eliminated the Assistant City Manager position they could afford to give raises or
bonuses.
Arthur Corsano, 2314 Oceanwalk Drive W., addressed the incumbents promising to
not raise taxes if re- elected, stating many voters put their faith in that promise. He
stated a proposal was made during the workshop the next week to raise the tax rate to
compensate for the lower property values. He stated the Commission now says taxes
are not raised, and explained why this is not true for the majority who homestead their
houses. He stated the majority in Atlantic Beach will feel an actual increase of about
8% in this no tax increase proposal. He also spoke against the employee pay bonus.
He asked the Commission to reconsider the tax raise and keep to their promises and
find the money from cuts in the budget.
September 26 2011 REGULAR COMMISSION MEETING PajZe 2
Sally Clemens, 1638 Park Terrace West, gave a history lesson, pointing out that
Strategic Planning has been a part of Atlantic Beach government since 2000 and it is
her understanding that any planning over ten years is long- range. She also stated the
Police Building has been considered since 2004. She stated now is the time to
contemplate a facilitator for the coming year and asked that they not use the one from
last year. She also addressed agenda Item 71), stating she believes a 12 foot sign would
be easier to be seen by a car. She also stated the $25,638.39 difference in the Ford to
the Chevy, even if paid by the grant funds, leaves her uncomfortable and wondered
whether we keep cars long enough for that to be cost effective. She also asked who
will pay for the charging station that will be needed. Ms. Clemens stated she is for the
$21,016 to pay for the inspection fee in Item 8C and stated we will be charged less in
tipping fees if the water is squeezed out of the sludge. She ended by thanking
everyone, in advance, for speaking into the microphone tonight.
Vince Champion, 1166 Pelican Bay Drive, Daytona Beach, president of Florida
Police Benevolent Association, stated he believes the police were unfairly represented
at the last meeting. He stated although the 4% COLA/4% Merit pay raise, as brought
up at the last meeting, was discussed, the men and women of law enforcement
understand the economic situation that everybody is in and are willing to sit down to
begin negotiations to see if they can come to an amicable agreement they can all live
with. He stated this is not the forum to do negotiations or discuss. He stated they have
a forum for that and invited the Commissioners to come to negotiations. He stated
although they cannot speak, they can listen to what is going on and he believes if the
Commissioners would do that, they will understand where the Police are coming from
and, whether they agree with their side or not, they can all make an educated decision
based on knowing both sides.
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
City Manager Jim Hanson explained the purchase of the electric car is part of two
larger grants the City received for energy improvements and upgrades. He stated the
purchase of an electric car is one of a number of items in those grants. He explained
the payback of this purchase is immediate with the savings from day one of gas costs.
He stated they will be putting in a charging station, which should be less than $1,000.
He stated at the last meeting they were asked whether they could amend the grant
contract with the State to use the funds budgeted for other energy purchases and were
told by the State that is a lot of trouble and unless there was a compelling reason to
make a change to the grant, they would prefer that we stay with what is in the grant
application. He explained a compelling reason would be something like we can't buy
an American -made electric car. He stated another issue raised was about life span. He
reported the standard warranty on the Chevy Volt is 8 years or 100,000 miles and
typically, for our administrative vehicles, we keep them at least 8 -10 years.
He further reported on the reconciliation of the current budget estimates. He stated the
request was to go back and look at all the estimates made in the May -July timeframe in
September 26, 2011 REGULAR COMMISSION MEETING Page 3
putting together the current budget estimates to see if anything has changed
dramatically. He stated staff ran a printout of all City accounts and after a quick
review there are some accounts that will have fiends left over at the end of the year as
well as accounts that appear to be over their budget estimates. He stated it did not look
to staff that there was any significant variance to the budget estimates made earlier and
advised against making any adjustments to the year -end estimated balance on
September 30.
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 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.
Mayor Borno read the Consent Agenda.
Commissioner Woods pulled Item A and Commissioner Daugherty pulled Item C.
Motion: Approve Consent Agenda Item B as read.
Moved by Fletcher, Seconded by Parsons.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Woods asked about the percentage of water loss in the Utility Sales
Report, stating over the past couple of years it has been really high and this month, in
particular, we had a 22% loss. She asked if it is time to take some steps to see why the
number keeps going up. Mr. Hanson stated using the monthly loss gives the wrong
impression and further explained the utility billing system. He stated you get an
inaccurate conclusion if you just look at the single month loss, which is why they give
them a rolling 12 month average. He agreed it is up, stating they have increased their
meter replacement program pretty dramatically this year and believes they will see
some improvement. Public Utilities Director Donna Kaluzniak reiterated that looking
September 26 2011 REGULAR COMMISSION MEETING Page 4
at a single month is really inaccurate and will never match because they are measuring
from the 1 St of the month through the end of the month at the plant, yet the meter cycles
are read all throughout the month. She stated the annual average is about even with
last year. She stated there is a certain inherent loss with fire flow, construction water,
water breaks and leaks. She explained they have been taking proactive steps with the
leak detection program and the meter testing program and have asked for money to
increase replacement of the small meters.
Commissioner Daugherty stated he had a question regarding cash balances. He stated
under the utility balances there is a $1.6 million dollar increase and asked what that
was.
Finance Director Nelson Van Liere explained the increase for the utilities is the loan
proceeds received for reimbursement of expenses for the SRF funds.
Regarding Item C, Commissioner Daugherty stated we share the medians on Atlantic
Blvd. with Neptune Beach but we are paying 100% of the cost. He stated he believes
Neptune Beach should pay for half of the cost of maintaining the medians and
requested a report from the City Manager on the total cost of the trees and the
landscape maintenance in the medians. He stated when they see the report the
Commission can decide whether Neptune Beach should share the cost with Atlantic
Beach.
Mr. Carper explained the landscaping in the medians on Atlantic Blvd. was added at
the request of Atlantic Beach. He stated it was a joint project with Atlantic Beach, City
of Jacksonville, DOT and Greenscape of Jacksonville. He stated Neptune Beach was
not a partner in that project.
Commissioner Woods stated there are some agreements between Atlantic Beach,
Neptune Beach, and Jacksonville and between Town Center and the beaches. Mr.
Carper stated we have an Interlocal Agreement that covers Town Center and a separate
Interlocal Agreement that covers the Mayport Flyover, but there is nothing that covers
Atlantic Blvd. in between. Commissioner Woods stated if they are going to look at the
report they might as well look at Town Center also. Mr. Hanson stated the Town
Center costs are shared with Neptune Beach. Mr. Carper stated the 1996 agreement
with Town Center Agency and Neptune Beach was essentially overcome by the 2001
Interlocal Agreement with Jacksonville. He stated the Town Center Agency was not a
party to the 2001 Interlocal Agreement. Commissioner Woods stated she did not see
anything that said they were absolved of their responsibility. Mr. Carper stated it was
not addressed; they were not a party to it. Commissioner Woods stated if we still have
a contract with them, then that contract is withstanding. She reiterated there is nothing
in the 2001 agreement that says because of this Town Center doesn't have to pay, so
she believes as long as we are looking at this we might as well look at the whole thing.
Mayor Borno clarified she is asking for review to see if Town Center has any
obligation against the 2001 agreement. Commissioner Woods stated no, she is saying
as far as the expenses for the medians that are part of this project, the Town Center
Agency has some financial responsibility for upkeep, maintenance, etc. She stated we
renegotiated with Neptune Beach and Jacksonville, but she doesn't believe we
September 26, 2011 REGULAR COMMISSION MEETING Page 5
renegotiated with Town Center Agency and does not believe anywhere in the 2001
agreement it says this absolves Town Center of all their responsibilities.
Commissioner Daugherty stated he just wanted the Commission to be thinking between
now and the next meeting because he is going to ask for them to formally request that
Neptune Beach share in these costs. He stated, hopefully, by the next meeting they
will have a report of what those costs are.
Motion: Approve Consent Agenda Items A and C as read.
Moved by Parsons, Seconded by Daugherty.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Item 8A was taken out of sequence and acted on at this time.
A. Reconsideration for Inclusion of Employee Bonus in FY11 /12 Budget and
Choice of Bonus Method.
Mayor Borno stated, being on the prevailing side, he requested this be resubmitted. He
explained he got confused and, after reviewing his vote and realizing it was not what he
had intended, he wanted it brought back for reconsideration.
Motion: Reconsideration of the vote to exclude the employee bonus.
Moved by Parsons, Seconded by Borno.
Motion: Call the question.
Moved by Fletcher, Seconded by Parsons
Votes:
Aye: 4 — Borno, Daugherty, Fletcher, Parsons
Nay: 1 -Woods
MOTION CARRIED
City Attorney Alan Jensen stated the motion for reconsideration is still on the board.
He stated they just approved the motion to call the question on that motion. He stated
now they go directly to a vote on the motion for reconsideration. He stated if that
motion is passed then they go back to the original question on the employee bonus
which was on the last meeting's agenda.
Mayor Borno clarified if they want to reconsider the employee bonus, vote Aye, if they
don't want to reconsider it, vote Nay. He asked the City Clerk to call the roll.
September 26, 2011 REGULAR COMMISSION MEETING Page 6
Roll Call Votes:
Aye - Fletcher, Parsons, Borno
Nay — Woods, Daugherty
Motion: Approve Option 2, two and one -half years of service and a 1.1835%
lump sum bonus.
Moved by Parsons.
Motion failed due to lack of a second.
Motion: Approve Option 3, lump sum payment in the amount of $556.11 to all
employees with one year of service, estimated cost of $66,000.
Moved by Borno, Seconded by Fletcher
Commissioner Daugherty stated he recognizes the employees deserve recognition,
however, given the budget we have he does not feel comfortable taking money from
savings in order to do this.
Commissioner Woods stated she had problems at the last meeting with the process and
still does. She stated she believes all of this related to wages, bonuses, pension, etc.
needs to happen at a negotiating table and not here during the Commission meetings.
She stated she has changed her mind on the way she voted last week for that reason.
Mayor Borno agreed this is convoluted and they need to see if there is not a better way
to put this together.
Commissioner Fletcher stated he introduced the motion to withdraw that from the
budget prior to being fully informed of the 4% number and getting a chance to reflect
on the union negotiations the City has in front of them. He also stated he believes
public sector employees are taking a bashing in the media, which he believes is unfair.
He stated they haven't had a raise in his office in a couple of years, but they have really
good morale. He does not believe we have good morale here, stating the public
employees pick up the paper every week and see an editorial or letter to the editor
bashing the public sector employees and he bristles at that and believes that is wrong.
He stated for two reasons he is inclined to support this; one, this will give the future
commission a bargaining chip for the union negotiations and, two, we have a morale
issue.
Commissioner Parsons stated this is a one -time bonus and he does not have a whole lot
of faith with what will happen with the negotiations with the unions, which is why he is
in favor of this. He agreed it gives us something to negotiate with at that time, as well.
He stated he considers the employees an asset to the City and believes they are a very
good asset. He stated this is an excellently run City and the employees do a fantastic
job. He stated this is only the second time in four years that the employees would get
anything, which is why he still supports this.
Commissioner Daugherty stated he believes by passing this we are weakening our
bargaining power with the Police Union because we are already giving them 1 %. He
September 26 2011 REGULAR COMMISSION MEETING Page 7
further stated if he could just give it to the Public Works guys making $20- 30,000 /year,
he would, but they have to do something that is fair and equitable to everybody. He
stated he appreciates our employees and believes they do a phenomenal job but they
represent the people of our City and the people of our City are getting laid off, having
their pay cut, or not getting any raises, and they are asking him why the people
working for the City are getting increases, or a bonus. He stated he does not think it
bodes well for us as representatives of the electorate. He stated he can't support any
bonuses.
Mayor Borno stated he brought this up because he didn't think all of them understood
everything that transpired at the last meeting and believes it is a fairness issue.
Commissioner Fletcher stated he did understand it but he thought long and hard about
it and had a change of heart.
Commissioner Woods stated she wanted to clarify that if this is approved it does come
out of our fund balance above the 25 %. Mayor Borno stated that was correct.
Roll Call Votes:
Aye: 3 — Borno, Fletcher, Parsons
Nay: 2 - Daugherty, Woods
MOTION CARRIED
City Manager Hanson asked the Commission to consider a minor change. He stated
the bad economy, lack of raises, and increases in the health insurance costs affects the
lower end employees the hardest and, with this in mind, he and David Thompson
would like to forego their bonuses and have them added instead to the people at the
lowest 10% of the pay scale. He stated they would like the Commission's approval to
reallocate that money so the people at the very bottom of the pay scale would get a
little bit more.
Motion: Accept bonus cut from City Manager and Assistant City Manager and
reallocate that money to the lowest 10% of employees on the pay scale.
Moved by Parsons, Seconded by Woods
Roll Call Vote
Aye: 5 - Fletcher, Parsons, Woods, Daugherty, Borno
Nay: 0
MOTION CARRIED
Action on Resolutions 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
September 26, 2011 REGULAR COMMISSION MEETING Page 8
EXCEEDS THE ROLLED -BACK RATE; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Borno read Resolution No. 11 -25 by title.
He stated the first item to be considered is the adoption of the Millage Rate by
Resolution No. 11 -25. He stated the Tentative Millage Rate is 3.3285, the
Roll —Back Rate is 3.3285 and 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: Adopt a MillajZe Rate for operating purposes of 3.3285 and
Approve Resolution No. 11 -25.
Moved by Parsons, Seconded by Fletcher
Mayor Borno opened the Public Hearing. No one from the audience spoke, so
Mayor Borno closed the Public Hearing.
Commissioner Fletcher stated Commissioner Daugherty mentioned how
Jacksonville is having to cut staff, but for seven or eight years in a row they
rolled back their rate, not anticipating the fact that property values could drop in
the future which could really hamper their revenue profile. He stated, in respect
to Mr. Corsano's comments, we are in a situation in Atlantic Beach where we
have some serious boomerangs that are out there for the new Commission that
are going to come back and need to be dealt with. He stated two examples are
the fire contract, which if the City of Jacksonville exercises their right to
terminate the fire contract it could result in an additional $1 million from our
general fund. He stated there are also tipping fees. He stated if we approve this
roll up rate it is moving the base line up so you are not operating from a lower
number. He believes, with what is coming down the way, to go to the roll up
rate is the responsible thing to do.
Commissioner Daugherty stated he is still against this for the same reason he
was against it the last time. He stated they were given a balanced budget with
no increase in the roll up rate and the only difference in what they were given
and what they ended up doing was the $227,000 to cover the cost of employee
health insurance. He stated you can't get the health insurance plan we have
anywhere else. He stated we pay 95% of an employee's healthcare coverage
and when he tells people that in the private sector it blows their mind.
Commissioner Fletcher interjected his office pays 100% and he is a private
sector employer. Commissioner Daugherty stated that is very rare but he is an
insurance agency and he understands that. He stated the reason he is going to
vote against the budget is because of that $227,000 we are spending. He stated
he can't support the subsidization of the health care increase.
September 26, 2011 REGULAR COMMISSION MEETING Pace 9
Mayor Borno stated whenever the value of houses has been up the Commission
has been very studious about lowering the tax millage rate. He stated it is
something they take into consideration each year when they work on the budget
but until you spend 9 -12 hours going through this budget, piece by piece, will
you start to get a feel for how some of these things happen. He stated he did
not agree with Commissioner Daugherty's analysis. He stated that, to him, is
not a driving force on why this is happening.
Roll Call Votes:
Aye: 3 — Fletcher, Parsons, Borno
Nay: 2 — Woods, Daugherty
MOTION CARRIED
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.
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.
Motion: Amend Ordinance No. 20 -11 -111 to add $65,146 for employee bonus
back into budget.
Moved by Parsons, Seconded by Fletcher
Roll Call Votes:
Aye: 3 — Parsons, Fletcher, Borno
Nay: 2 — Woods, Daugherty
MOTION CARRIED
Motion: Approve Ordinance #20 -11 -111, as amended, establishing the Operating
Budget for fiscal year 2011/2012 for $29,647,486.
Moved by Parsons, Seconded by Fletcher
Mayor Borno opened the Public Hearing.
Allan Gasoparovic, 333 Saturiba Drive, asked about the process for the budget and
whether, with this change, do they now have a second reading. Mayor Borno
explained the process of the first and final readings and stated this was the final reading
and it can be amended at the final reading.
No one else from the audience spoke so Mayor Borno closed the Public Hearing.
Commissioner Daugherty discussed downsizing the Animal Control Department by
one employee.
Commissioner Fletcher suggested he wait until the new Commissioners are here.
September 26, 2011 REGULAR COMMISSION MEET Page 10
Mayor Borno stated the citizens have requested the level of service from Animal
Control we currently have. He stated if they want to tell us they want a lesser level of
service that is one issue and, secondly, the irregularities with the Jacksonville Interlocal
Agreement will be taken up in the near future.
Commissioner Woods explained why she was not supporting this budget. She also
explained why she supports paying for the healthcare for the employees. She also
stated she believes the strategic plan should be mirrored in our budget and expressed
concern regarding the public safety issues around the Mayport Corridor. She stated we
have let a C.O.P.S. officer and our Community Redevelopment Director slip away,
which is two thirds of the safety program that we have instilled in the Mayport
Corridor. She believes this will hurt the progress we have made in that area. She
stated she also believes it is very short sighted for us to abandon the project we have in
improving the Mayport Corridor. She stated when the Navy ships come in and new
personnel come, the first area they look at is right around Mayport Road and Atlantic
Beach and if we are letting that area slide and not focusing on having it come up to the
standards that anyone moving into the City would want, we are remiss and missing the
big picture. She stated she fought hard for this when it went through strategic planning
and believes it is a huge mistake to let those positions go, which is a big reason she
cannot support this budget. She further stated she does not believe we should continue
to pay for the proposed police building, as it stands.
Commissioner Fletcher stated he appreciated Commissioner Woods input and does not
know what happened during the budget workshops. He stated had she articulated these
issues during the workshops, he would have supported some of these things.
Mayor Borno stated he also appreciated Commissioner Woods' concerns. He stated
when they did the Mayport Corridor, he believes they bought into it for a minimum of
three years and they are at the three year point. He stated he believes it is time to
readjust our focus to the economic side. He stated they have formed the Commercial
Businessmen Committee, which will be picking up both Mayport Road and Atlantic
Blvd. He further stated there is a Navy impact study being worked on by the university
graduate student which can be used in conjunction with the economics and other
things. He stated there are several things in progress that will influence things in the
future.
Mr. Hanson stated as discussed in the budget workshops, they have reduced one
C.O.P.S. officer. He stated there is a grant application pending for that officer but they
do not know whether it will be funded or not. He explained the Mayport
Redevelopment Coordinator was cut to a half -time position to be split between the
work on the Corridor and the Police Department as a detective. He stated we are not
abandoning the Mayport Corridor's strategic plan.
Roll Call Votes:
Aye: 3 — Fletcher, Parsons, Borno
Nay: 2 —Woods, Daugherty
MOTION CARRIED
September 26 2011 REGULAR COMMISSION MEETING Page 11
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.
Mayor Borno read Ordinance No. 95 -11 -104 by title.
Motion: Approve Ordinance No. 95 -11 -104.
Moved by Woods, Seconded by Fletcher
Mayor Borno opened the Public Hearing. He explained the background of legislation
requiring the amendment to the Ordinance.
No one from the audience spoke so he closed the Public Hearing.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
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.
Mayor Borno read Ordinance No. 80 -11 -81 by title.
Motion: Approve Ordinance No. 80- 11 -81.
Moved by Daugherty, Seconded by Fletcher
Commissioner Woods asked if this was included in the budget they just passed. Mayor
Borno stated yes. He stated during the budget workshop, it was determined that the
estimated annual budget impact on stormwater revenue needed to be increased because
the current fees do not pay for maintenance of the stormwater. He stated it was
proposed that they be adjusted by $1.89 /per housing unit /per month. Commissioner
Woods asked if this was just for homes within the City. Mr. Hanson stated yes,
Jacksonville has their own stormwater fee and Atlantic Beach is not responsible for
stormwater outside the city limits.
Commissioner Daugherty stated we have a very good system and have been
subsidizing it through the gas tax fund while ignoring a lot of our roads.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons
Nay: 1 -Woods
MOTION CARRIED
September 26, 2011 REGULAR COMMISSION MEETING Page 12
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.
Mayor Borno read Ordinance No. 60 -11 -16 by title.
Motion: Approve Ordinance No. 60- 11 -16.
Moved by Fletcher, Seconded by Parsons
Building Official Mike Griffin summarized his staff report explaining we currently
have 73 free standing signs and 19 businesses have come into compliance with the
current sign ordinance. He showed slides of examples of signs that have come into
compliance and signs that would be affected by the ordinance.
Mr. Griffin answered questions from Commissioner Fletcher about waivers, stating
Mr. Kooba, who appeared before the Commission, was granted a waiver related to
public safety. Commissioner Fletcher asked how many of the 19 signs in compliance
were voluntary. Mr. Griffin stated he would guess it to be around 5 -6 signs.
Commissioner Daugherty stated he believes this is an area that the City is a little heavy
handed in regulating. He stated he does not believe these changes are necessary;
pointing out some will cause public safety issues. He stated we are not a gated
community and should want to be as business - friendly as we can. He stated he would
like to get rid of these requirements altogether and asked the City Attorney if we did
so, would there be any legal ramifications for the business who have already been
required to come into compliance. Mr. Jensen stated there would not be.
Commissioner Daugherty stated he would like to pass this and also look in the future
into changing this to get rid of these requirements for businesses.
Mr. Hanson gave an historical perspective, stating the sign ordinance changes were one
of the first things the City Commission did in the early 2000s. He stated after Atlantic
Beach approved these sign regulations they asked the City of Jacksonville to adopt
similar regulations, which they did. He stated their grandfathering time comes in a
little later than ours, but it would seem odd for Atlantic Beach to have adopted certain
regulations, ask Jacksonville to mirror them, and then have Atlantic Beach change
theirs.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
E. ORDINANCE NO. 25-11-42, Introduction and First Reading
September 26, 2011 REGULAR COMMISSION MEETING Page 13
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.
Mayor Borno read Ordinance No. 25 -11 -42 by title.
Motion: Approve Ordinance No. 25- 11 -42.
Moved by Fletcher, Seconded by Parsons
Mr. Griffin summarized the Ordinance, stating we are a Class 7 community which
allows us a 15% discount in our flood insurance policies. He presented a slide of the
Community Rating System. He explained FEMA has put out a new map changing the
flood zones, which will be available in November.
Commissioner Fletcher left the meeting at 7:40 p.m.
Mr. Griffin stated the City of Jacksonville's Property Appraiser website can give you
the flood zone you are in, by putting in your address. Mayor Borno stated citizens who
are not computer literate can contact Mr. Griffin to see what flood zone they are in.
Commissioner Fletcher returned at 7:43 p.m.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Reconsideration for Inclusion of Employee Bonus in FY11 /12 Budget and
Choice of Bonus Method.
This item was taken out of sequence and acted on earlier in the meeting.
B. Purchase of Chevy Volt, deferred from last meeting.
Motion: Approve the purchase of the Chevrolet Volt from Nimnicht Chevrolet
for the price of $38,816.39.
Moved by Woods, Seconded by Fletcher.
September 26 2011 REGULAR COMMISSION MEETING Page 14
Commissioner Fletcher pointed out that the cost difference between the Ford Focus and
the Chevrolet Volt is being totally paid for by a Federal grant administered by the State
and there is no other way we can use this money. He stated he concurs with the
conclusion that this is the best course of action.
Commissioner Daugherty stated the reason he asked for deferral at the last meeting
was to see if there was any alternatives and we received the answer back that there
wasn't. He stated he still doesn't like the fact that our Federal dollars are being spent
this way but this is best for the City because of our gas costs, so he will vote for it.
Mr. Hanson stated he believes the Federal government also benefits from subsidizing
these cars and he believes there is a particular interest in having one driven by a city
government because it adds a realm of credibility by having a local government use
such a thing. He stated this does promote energy efficiency long -term for people to
realize electric vehicles aren't just a dream, they work. He stated they are more
expensive but the idea is when people start buying more of them, the price will come
down, as with the hybrid cars. David Thompson stated people have a bias /concern
about buying an all electric vehicle due to performance issues, etc. He stated he drove
one and the performance is excellent, it has plenty of power and is a very well made
vehicle.
Commissioner Daugherty asked where we will be using this vehicle. He stated he
hoped it will be used by an employee who drives a lot, such as the Code Enforcement
Officer or C.O.P.S., rather than the Police Chief where it would sit for most of day.
Mr. Thompson stated he was not sure where it will be assigned, but the funding is
coming from the Police Department for replacing a Police vehicle. Chief Classey
stated the car was not suitable to put in a patrol capacity because you can't install the
necessary equipment so it will either be an administrative or detective car.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
C. Reconsideration of Change Order #1 (Bid No. 1011 -16) for Sludge and Odor
Control Project for Time Delay and Related Project Inspection Cost.
Motion: Reconsider execution of Change Order No. 1 for WPC Industrial
Contractors, LLC.
Moved by Woods, Seconded by Daugherty.
Roll Call Votes:
Aye: 2 — Daugherty, Woods
Nay: 3 - Fletcher, Parsons, Borno
MOTION FAILED
D. Naming of Tideviews boardwalk.
September 26 2011 REGULAR COMMISSION MEETING Page 15
Commissioner Daugherty suggested naming the boardwalk Sunset Pier.
Motion: Name Tideviews boardwalk Sunset Pier.
Moved by Daugherty.
Motion failed due to lack of a second.
Mayor Borno stated with this being part of the Preserve and the Master Plan and
having public input last Saturday, he believes we should consider opening this up to
the public for their suggestions. Commissioner Daugherty agreed that would be very
appropriate. Commissioner Fletcher stated, as Commissioner -elect Mark has been
involved in this for a long time, he believes it would be appropriate for her to be sitting
up here when they undertake that consideration. Mr. Hanson asked if the Commission
wants staff to put out some kind of notice that we are soliciting possible names for this.
Commissioner Fletcher stated he would like to wait until the new Commissioners are
here. Mayor Borno stated staff could draft something up but not publish it.
Commissioner Woods stated since we are having input from citizens at this point, to
start gathering that information at any time is a good idea.
City Manager 9. City Manager
A. City Manager's Report.
City Manager Jim Hanson reported on the Strategic Planning quarterly report. He
pointed out that Rick Carper will be presenting the Marsh Master Plan to the Oceanside
Rotary Club tomorrow morning, which is the group that has put money into a number
of City projects, including the Skate Park.
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners A. Appointments to the Pension Board of Trustees.
City Attorney
Commissioner Fletcher reported on the recommendations of the Board Member
Review Committee for reappointments to the Pension Boards and submitted these to
the Commission for their approval.
Motion: Reappoint John Wolfel to the Police Officers Pension Board of Trustees
and Alan Gleit and Bob Sternfeld to General Employees Pension Board of
Trustees.
Moved by Borno, Seconded by Woods
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Fletcher further stated the Board Member Review Committee
interviewed and recommended that Michael Witherspoon be appointed to serve as a
new member on the Police Officers Pension Board of Trustees.
September 26, 2011 REGULAR COMMISSION MEETING Page 16
Motion: Appoint Michael Witherspoon to serve as a new member on the Police
Officers Pension Board of Trustees.
Moved by Borno, Seconded by Parsons
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Daugherty
• Stated he would like to get more people on the Boards from his district and
asked that they get involved.
• Discussed unmarked pedestrian crossings on the bike paths and asked the City
Manager to work with Rick Carper to put together a proposal on improvements
for public safety.
Mayor Borno
• Stated he is bringing back the City Investment Committee and reappointing
Bob Sternfeld, John Wolfel, Alan Gleit and Nelson Van Liere to evaluate
changes to the investment policy.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:06
p.m.
Mike Borno, Mayor /Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
MINUTES OF SPECIAL CALLED (SHADE) MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON OCTOBER 3, 2011
PRESENT: Mayor Mike Borno
Mayor Pro -Tern John Fletcher
Commissioner Jonathan Daugherty
Commissioner Paul Parsons
Commissioner Carolyn Woods
ALSO: Jim Hanson, City Manager
George Foster, City Chief Negotiator
The Mayor called the meeting to order at 6 :00 p.m. in the Commissioner Chamber with
Commissioners Daugherty, Fletcher, Parsons and Woods present for the purpose of discussing
matters related to Union negotiations. The Mayor advised that as provided by Florida Statute
447.605, discussions regarding collective bargaining negotiations are not open to the public but
will be conduced within a Shade meeting. The Mayor then adjourned the public meeting to a
Shade meeting to be conducted in the City Hall North Conference Room.
The current status of the Union negotiations with the Coastal Florida Police Benevolent
Association, Inc., (BPA) and the Northeast Florida Public Employees Local 630 "Blue Collar"
Unions were then discussed with guidance being provided to the City negotiator.
The meeting reconvened to the sunshine in the Commission Chamber where the Shade Meeting
and the Special Called Meeting were adjourned at 5:45 p.m.
Mike Borno
Mayor/Presiding Officer
ATTEST
Donna L. Bartle, CMC
City Clerk
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09/29/11 AGENDA ITEM # 4B
CITY OF ATLANTIC BEACH OCTOBER 10, 2011
LIST OF ITEMS TO BE DECLARED SURPLUS
ON SEPTEMBER 29, 2011
DEPARTMENT
DESCRIPTION
FIXED ASSET#
Police
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1453
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1454
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1479
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1497
H: \dailyuse \dramsay \audit \fixed assets \[2011Staff Report List of Surplus Items- 09- 29- 11.xls] commission list
AGENDA ITEM # 4B
OCTOBER 10, 2011
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AGENDA ITEM # 4C
OCTOBER 10, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Contracts with Organizations Providing Recreation Programs at
City Facilities
DATE: September 19, 2011
SUBMITTED BY: Timmy Johnson, Recreation Director
BACKGROUND: Several organizations have been offering recreational programs at
City facilities for many years. The Atlantic Beach Athletic
Association (ABAA) provides two seasons of T -ball, softball, and
baseball each year. The Atlantic Beach Experimental Theater
(ABET) provides plays and theatrical events for public
participation and entertainment. Tennis professional Brecht
Catalan provides tennis lessons on Atlantic Beach courts. Yoga
instructor Linda White provides yoga classes at Adele Grage
Cultural Center. In the past, each of these organizations entered
into a contract with the City of Atlantic Beach which included the
payment of a fee for the use of the facilities. These contracts
have been updated for City Commission approval.
The organization /person under contract provides opportunities
for inclusion and participation for low income residents who may
not otherwise be able to afford to participate.
BUDGET: The fee in the contracts is $200 for the year, which is consistent
with similar contracts in previous years.
RECOMMENDATIONS: Authorize the City Manager to sign the attached contracts with
ABAA, ABET, yoga instructor Linda White and tennis professional
Brecht Catalan
ATTACHMENTS: ABAA Proposed Contract
ABET Proposed Contract
Yoga Instructor Linda White Proposed Contract
Tennis Professional Brecht Catalan Proposed Contract
REVIEWED BY CITY
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AGENDA ITEM # 4C
OCTOBER 10, 2011
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management of the public facility, together with all rules and requirements
of the police and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may include
removal and storage of Renter's property.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
of the Renter.
j. Renter shall provide a written account of all keys to the facility in
possession of Renter at the end of the contract. If renter cannot account
for all keys, Renter will incur the cost of re- keying or changing of the
applicable locks. One key will be provided at no cost to Renter and any
additional keys will require a $10 per key fee at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
addition to the exclusive use periods shall be requested through the
Recreation Director under the general rules, i.e., a facility may be
requested for short term use by applying for such use after the 15 day of
each month for a day or time period within the next month. For example,
any organization requesting the short-term use of a City facility in the
month of February could apply for such use after the 15 day of January.
2
AGENDA ITEM # 4C
OCTOBER 10, 2011
1. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease term, use of the public facility, number of persons
involved in said use, cost of the insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: Jack Russell Baseball Facilities and Concession Building
o. Additional provisions agreed upon by the City and Renter: Renter will
actively recruit in low income areas and provide scholarships, "work for
play" or other mechanisms to assure that children are not denied the
opportunity to participate due to their inability to o pay the registration or
other related fees Number of scholarships will not exceed 7.5% of total
registered players for that season.
4. Exclusive Use Dates and Times August V through December 15 and
January V through June 30` The City retains the right to rent and use the
facility at other times not specified for use by the Renter.
5. Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
6. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
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AGENDA ITEM # 4C
OCTOBER 10, 2011
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of ,
at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City "), and Atlantic Beach Experimental Theatre of Atlantic Beach,
Florida (904) 249 -7177 (hereinafter "Renter ").
WHEREAS, Renter desires to use the following public facility:
The Adele Grage Cultural Center Theater, and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one -time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from October 1, 2011 through
September 30, 2012
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 at the time of signing this agreement.
Such fee may be waived at the discretion of the City Manager if Renter is a
governmental agency or an organization that provides a public service available to
all, is non - profit in nature, and charges no user or admission fees. Renter shall
provide the City with a copy of its tax - exempt form or other proof or evidence
satisfactory to the City Manager of Renter's non - profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
AGENDA ITEM # 4C
OCTOBER 10, 2011
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management of the public facility, together with all rules and requirements
of the police and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage of Renter's property.
Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
of the Renter.
Renter shall provide a written account of all security key cards to the
facility in possession of Renter at the end of the contract. If renter cannot
account for all keys, Renter will incur the cost of canceling the lost card
and issuing a new one. One key will be provided at no cost to Renter and
any additional keys will require a $20 per key fee at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
addition to the exclusive use periods shall be requested through the
Recreation Director under the general rules, i.e., a facility may be
requested for short term use by applying for such use after the 15 day of
each month for a day or time period within the next month. For example,
any organization requesting the short-term use of a City facility in the
month of February could apply for such use after the 15 day of January.
4
AGENDA ITEM # 4C
OCTOBER 10, 2011
1. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease term, use of the public facility, number of persons
involved in said use, cost of the insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising fiom all activities engaged in by Renter in its use of the following
public facility: Adele Grage Theater
o. Additional provisions agreed upon by the City and Renter:
4. Exclusive Use Dates and Times The Renter will be given priority for
reserving the Theater for auditions, performances, rehearsals, summer camp
and drama classes. The Renter's Manager will provide a schedule of plays to
the Recreation Department on a yearly basis. The City retains the right to rent
and use the facility at other times not specified for use by the Renter.
5. Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
6. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
7. Assignment Renter shall not assign this agreement nor suffer any use of the
facility other than herein specified, nor sublet the facility or any part thereof,
without the written consent of the City.
3
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AGENDA ITEM # 4C
OCTOBER 10, 2011
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this Z 5 6 day of U q U b t ,
at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City "), and Linda White of 422 17 Avenue North Jacksonville
Beach, Florida 32250 (hereinafter "Renter ").
WHEREAS, Renter desires to use the following public facility:
The Adele Grage Cultural Center Community Room and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one -time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run fiom October 1, 2011 through
September 30, 2012
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 at the time of signing this agreement.
Such fee may be waived at the discretion of the City Manager if Renter is a
governmental agency or an organization that provides a public service available to
all, is non - profit in nature, and charges no user or admission fees. Renter shall
provide the City with a copy of its tax - exempt form or other proof or evidence
satisfactory to the City Manager of Renter's non - profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
AGENDA ITEM # 4C
OCTOBER 10, 2011
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management of the public facility, together with all rules and requirements
of the police and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage of Renter's property.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
of the Renter.
Renter shall provide a written account of all security key cards to the
facility in possession of Renter at the end of the contract. If renter cannot
account for all keys, Renter will incur the cost of canceling the lost card
and issuing a new one. One key will be provided.at no cost to Renter and
any additional keys will require a $20 per key fee at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
addition to the exclusive use periods shall be requested through the
Recreation Director under the general rules, i.e., a facility may be
requested for short term use by applying for such use after the 15 day of
each month for a day or time period within the next month. For example,
any organization requesting the short-term use of a City facility in the
month of February could apply for such use after the 15 th day of January.
AGENDA ITEM # 4C
OCTOBER 10, 2011
1. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$ 1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease term, use of the public facility, number of persons
involved in said use, cost of the insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: Adele Grage Cultural Center Community Room
o. Additional provisions agreed upon by the City and Renter:
4. Exclusive Use Dates and Times Yoga classes will take place on Sundays
from 4 to 5 pm. The City retains the right to rent and use the facility at other
times not specified for use by the Renter.
5. Deliver of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
6. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
7. Assignment Renter shall not assign this agreement nor suffer any use of the
facility other than herein specified, nor sublet the facility or any part thereof,
without the written consent of the City.
3
AGENDA ITEM # 4C
OCTOBER 10, 2011
8. DEFAULT: In case the Renter shall default in the performance of any covenant
or agreement contained herein, and such default shall continue for ten (10) days
after receipt by the Renter of written notice thereof given by the City, then the
City, at its option, may declare this agreement ended. In that event, Renter shall
immediately remove all persons and its property from the facility, and failing to
do so, the City may cause such removal either with or without process of law, at
Renter's expense. These expenses shall include, but not be limited to, reasonable
attorney's fees incurred by the City, whether suit is filed or not."
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this
day of
CITY OF ATLANTIC BEACH
I
l
"RENTER"
Its: _
"CITY"
0
AGENDA ITEM # 4C
OCTOBER 10, 2011
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of
at Atlantic Beach, Duval County, Florida, by and between 6ITf OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City "), and Brecht Catalan, Tennis Instructor of 12855
Greenmeadow Place Jacksonville, FL 32246 (904) 241 -4625 (hereinafter "Renter ").
WHEREAS, Renter desires to use the following public facility:
Jack Russell Park Tennis Courts 4,5_, & 6 and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one -time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from October 1, 2011 through
September 30, 2012
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 at the time of signing this agreement.
Such fee may be waived at the discretion of the City Manager if Renter is a
governmental agency or an organization that provides a public service available to
all, is non - profit in nature, and charges no user or admission fees. Renter shall
provide the City with a copy of its tax- exempt form or other proof or evidence
satisfactory to the City Manager of Renter's non - profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
AGENDA ITEM # 4C
OCTOBER 10, 2011
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management of the public facility, together with all rules and requirements
of the police and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage of Renter's property.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
of the Renter.
Renter shall provide a written account of all keys to the facility in
possession of Renter at the end of the contract. If renter cannot account
for all keys, Renter will incur the cost of re- keying or changing of the
applicable locks. One key will be provided at no cost to Renter and any
additional keys will require a $10 per key fee at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
addition to the exclusive use periods shall be requested through the
Recreation Director under the general rules, i.e., a facility may be
requested for short term use by applying for such use after the 15 day of
each month for a day or time period within the next month. For example,
any organization requesting the short-term use of a City facility in the
month of February could apply for such use after the 15 day of January.
2
AGENDA ITEM # 4C
OCTOBER 10, 2011
1. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease term, use of the public facility, number of persons
involved in said use, cost of the insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: Jack Russell Park Tennis Courts 4, 5 & 6
o. Additional provisions agreed upon by the City and Renter:
4. Exclusive Use Dates and Times See attached for schedule. The City retains
the right to rent and use the facility at other times not specified for use by the
Renter.
Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
6. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
7. Assignment Renter shall not assign this agreement nor suffer any use of the
facility other than herein specified, nor sublet the facility or any part thereof,
without the written consent of the City.
AGENDA ITEM # 4C
OCTOBER 10, 2011
8. DEFAULT: In case the Renter shall default in the performance of any covenant
or agreement contained herein, and such default shall continue for ten (10) days
after receipt by the Renter of written notice thereof given by the City, then the
City, at its option, may declare this agreement ended. In that event, Renter shall
immediately remove all persons and its property from the facility, and failing to
do so, the City may cause such removal either with or without process of law, at
Renter's expense. These expenses shall include, but not be limited to, reasonable
attorney's fees incurred by the City, whether suit is filed or not."
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this
day of
CITY OF ATLANTIC BEACH
By:
Its: _
"CITY"
" T R"
L,
AGENDA ITEM # 6A
OCTOBER 10, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: New Maintenance Agreement with the Florida Department of
Transportation (FDOT)
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: September 28, 2011
BACKGROUND: The FDOT has forwarded the New Agreement for Maintenance to
authorize and reimburse Atlantic Beach for maintaining the following
areas:
a) State Road 10 (Atlantic Boulevard) — both sides, from Third Street to
Mayport Road, and the north side only from Mayport Road to the
Intracoastal Waterway Bridge, with the exception of the FDOT retention
pond,
b) State Road 101 /All A (Mayport Road) — from Atlantic Boulevard to
Assisi Lane (both sides),
c) Mayport Flyover — areas within Atlantic Beach, including the retention
pond on Mayport Road between West 4 & West 5th Street, and the
retention pond at the end of Begonia Street off West 1 Street,
d) Drainage Ditch between Saratoga Circle North and Forrestal Circle
South —from Mayport Road to Atlantic Boulevard through Aquatic Drive,
e) Drainage Ditch from Fleet Landing — running north - northwest along
Mayport Road, terminating at the salt marsh,
f) FDOT Pond #3 on Mayport Road at the Hess Station.
Maintenance work involves street sweeping, mowing, litter removal, edging, tree
trimming and pruning.
Note: Costs for maintaining the landscaped medians along Atlantic Blvd. and
Mayport Rd. are not included in this Agreement. These medians were installed
at the City's request and are maintained at our expense.
This Agreement is for (1) one year beginning November 1, 2011 through October
31, 2012. The total annual amount the City of Atlantic Beach will receive from the
FDOT for performance of this maintenance will be $51,509.20.
RECOMMENDATION:
Staff recommends approval of this Agreement, and that the Commission pass a
Resolution approving the new contract as required by the FDOT, authorizing the
City Manager to sign the Maintenance Agreement.
ATTACHMENTS: Resolution No. 11 -26
FDOT — Letter and Maintenance Agreement
Maintenance Locations and Activities (Attachment "A ")
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 6A
OCTOBER 10, 2011
RESOLUTION NO. 11 -26
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING
THE CITY MANAGER TO EXECUTE A NEW MAINTENANCE
AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, on May 16, 2001, the City executed an agreement with the Florida
Department of Transportation to provide maintenance on certain streets and other areas
throughout the city; and
WHEREAS, the City desires to maintain landscaped areas on Atlantic Boulevard and
portions of Mayport Road; and
WHEREAS, the additional areas to be maintained are identified in Attachment "A" of
the base agreement.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic
Beach as follows:
SECTION 1. The City Manager is hereby authorized to execute the New Agreement for
Maintenance for one year (November 1, 2011 through October 31, 2012) with the Florida
Department of Transportation on behalf of the City of Atlantic Beach.
SECTION 2. This Resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this day of October,
2011.
Mike BORNO
Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST:
DONNA BARTLE
City Clerk
AGENDA ITEM # 6A
OCTOBER 10, 2011
RICK SCOTT
GOVERNOR
District Maintenance
1109 South Marion Avenue
Lake City, Florida 32025 -5874
ANANTH PRASAU, P.E.
SECRETARY
September 9, 2011
City of Atlantic Beach
Department of Public Works
1200 Sandpiper Lane
Atlantic Beach, Florida 32233 -4318
Desciption: New Agreement for Maintenance
County: Duval
Gentlemen:
Enclosed is the New Agreement for Maintenance covering the period of November 1, 2011
through October 31, 2012.
If you agree with this proposal, please complete the following:
1. Execute (sign and seal) all five (5) copies of this contract
2. Attach an original (signed and sealed) resolution
3. Return all executed documents to the address listed below as soon as possible.
Department of Transportation
District Maintenance Contracts - MS 2010
1109 South Marion Avenue
Lake City, Florida 32025
Upon receipt of the completed documents, the new agreement will be executed on behalf of the
Department and an original will be returned to you.
Thank you for your cooperation.
Si cerely,
zbeth A. Ytenance
istrict 2 Ma Contracts Administrator
imb
Enclosures
www.dot.state.fl.us
AGENDA ITEM # 6A
OCTOBER 10, 2011
MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into by and between
the State of Florida Department of Transportation ( "Department ") and City of Atlantic Beach
Florida ( "Agency ").
- RECITALS-
1. The Department is presently maintaining those portions of the state highway system identified
in Exhibit "A" hereto ( "Property"); and
2. The Agency desires to assume maintenance of the Property in order to improve the aesthetic
appearance of the Agency; and
3. The Property is within or adjacent to the corporate limits of the Agency; and
4. The Agency, by Resolution No_ dated attached hereto as
Exhibit "B ", authorized its officers to enter this Agreement.
NOW THEREFORE, with full knowledge and understanding of the laws governing the subject
matter of this Agreement, and in consideration of the foregoing recitals and the mutual covenants and
conditions contained in this Agreement, the parties, intending to be legally bound hereby, acknowledge
and agree as follows:
1. RECITALS & EXHIBITS
The recitals set forth above and Exhibits attached hereto, if any, are specifically incorporated herein by
reference and made part of this Agreement.
2. EFFECTIVE DATE
The effective date of this Agreement shall be the date the last of the parties to be charged executes the
Agreement ( "Effective Date ").
3. TERM
The initial term of this Agreement shall be for a period of one (1) year, commencing on the Effective Date.
This Agreement may be renewed at the discretion of the parties for no more than two (2) consecutive one
(1) year renewal periods. Renewals shall be in writing, prepared by the Department and executed by the
-parties.
4. E- VERIFY
The Agency (A) shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the contract; and
(B) shall expressly require any subcontractors performing work or providing services pursuant to the state
contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract term.
5. COMPLIANCE
The Agency shall perform this Agreement, in a good and workmanlike manner, with reasonable care, in
accordance with the terms and provisions of this Agreement and all applicable federal, state, local,
administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures,
guidelines, standards and permits, as the same may be constituted and amended from time to time,
including, without limitation, those of the Department, St. Johns River Water Management District, Florida,
Department of Environmental Protection,. Environmental Protection Agency, Army Corps of Engineers,
United States Coast Guard, Duval County, Florida and other local governmental entities ( "Governmental
Law").
MOA with Agency Final 07-28-11 Page 1
AGENDA ITEM # 6A
OCTOBER 10, 2011
6. MAINTENANCE
A. The Agency shall maintain the Property in a good and workmanlike manner, with reasonable care, in
accordance with the terms and provisions of this Agreement. For purposes of this Agreement, unless
otherwise noted in Exhibit "A ", the locations to be maintained by the Agency shall be maintained pursuant
to the Maintenance Rating Program's ( "MRP ") desired minimum standard rating of 80. Should the
Department determine that any item of maintenance has fallen below the desired minimum standard
rating, the Agency agrees to immediately bring the deficient Item up to a minimum MRP rating of 80. The
Agency will not be held responsible for an MRP rating below 80 so long as such rating is not based on
any negligence, intentional or wrongful act, omission or breach of contract by the Agency.
B. The Parties' representatives and points of contact for the administration of this Agreement shall be
identified in the "Notice" section of this Agreement.
C. The Agency shall maintain all turf and landscaped areas within the Property, including, without
limitation, performing the following:
(1) Routinely mow, cut and trim all grass and turf (total greenscape) in accordance with the
State of Florida "Guide for Roadside Mowing" (1990), as the same may be constituted and amended from
time to time; and
(2) Routinely prune and trim all plants and trees, for aesthetic purposes and for the benefit
of the health, safety and welfare of those members of the public traversing or otherwise utilizing the
Property; and
(3) Routinely remove dead, diseased, or otherwise deteriorated plants; and
(4) Routinely keep litter removed from the Property; and
(5) Routinely remove and dispose of all trimmings, roots, litter and other material resulting
from the activities described herein; and
(6) Routinely edge and sweep any excess grass from sidewalks, curbs, and gutters; and
(7) Routinely sweep roadways, curbs, and gutters, valley gutters, intersections, and barrier
wall gutters.
D, _ The Department and the_ Agency shall. be. responsible, jointly, for clean-up,. removal and. disposal. of _ ..
debris within the Property following and resulting from natural disasters, including, without limitation,
hurricanes and tornadoes.
E. If the Department determines that the Agency is not maintaining the Property in accordance with the
terms and provisions of this Agreement, the Department shall deliver written notification of such to the
Agency. The Agency shall have thirty (30) days from the date of the Department's written notice, or such
other time as the Department and the Agency mutually agree in writing, to correct the deficiency and
provide the Department with written notice of the same.
F. If the Department determines that the deficiency remains after receipt of the Agency's written notice
indicating that the deficiency was corrected, the Department, within its discretion, may: (1) provide the
Agency with written authorization granting such additional time as the Department deems appropriate to
correct the deficiency; or (2) correct the deficiency at the Agency's sole cost and expense. Should the
Department elect to correct the deficiency, the Department shall provide the Agency with an invoice for
the costs incurred by the Department to correct the deficiency and the Agency shall pay the invoice in
accordance with the "Payment" section of this Agreement.
MOA with Agency Final 07 -28 -11 Page 2
AGENDA ITEM # 6A
OCTOBER 10, 2011
G. If at any time in the sole determination of the Department, the integrity or safety of the Property
requires immediate maintenance for the benefit of public health, safety or welfare, the Department may
perform such maintenance it deems appropriate under the circumstances. The Department shall attempt
to notify the Agency prior to action under this section, but may take necessary steps to correct emergency
situations prior to such notification in order to prevent eminent danger to public health, safety or welfare.
7. MAINTENANCE OF TRAFFIC
A. The Agency shall be responsible for the maintenance of traffic ( "MOT ") at all times during the
performance of this Agreement. MOT shall be performed in accordance with applicable Governmental
Law and the most current edition of each of the following, as the same may be constituted and amended
from time to time, all of which are incorporated herein and made part of this Agreement by reference: (1)
Section 102 of the Department's Standard Specifications for Road and Bridge Construction; (2) the
Manual on Uniform Traffic Control Devices; (3) the Department's Roadway Design Standards Index 600
Series; and (4) other applicable Governmental Law.
B. If the Agency fails to perform MOT as required herein, the Department, within its discretion, may elect
to perform MOT at the Agency's sole cost and expense. Should the Department perform MOT, the
Department shall provide the Agency with an invoice for the costs incurred by the Department and the
Agency shall pay the invoice in accordance with the "Payment" section of this Agreement.
8. ADDITIONAL LANDSCAPING
The Agency shall not install additional landscaping within the Property without first seeking and obtaining
required approvals and permits from the Department. Such additional landscaping shall be automatically
included within, and subject to, the provisions of this Agreement.
9. PERMISSIVE USE
This Agreement creates a permissive use only. The Agency shall not acquire any right, title, interest or
estate in the Property by virtue of the execution, operation, effect or performance of this Agreement.
10. REMOVAL
The Department may require modification, relocation or removal of the landscaping, plants, trees and
other improvements located on or within the Property without liability to the Agency if: (1) any such
improvements are not maintained in accordance with the terms and provisions of this Agreement; (2)
modification, relocation or removal of any such improvements is required by applicable Governmental
Law; or (3) the Department determines that modification, relocation or removal of any such improvements
benef_tt the.Department n._th-e conduct,of. its business. The Agency.shall_rnp fy,.____.._
relocate or remove improvements designated by the Department for modification, relocation or removal
and shall restore the Property to a condition that satisfies the requirements of applicable Governmental
Law within thirty (30) days of the Department's written notice requiring modification, relocation or removal.
The Agency shall bear all cost and expense of the modification, relocation, removal and restorative work,
including, without limitation, the cost of required permits.
11. PAYMENTS TO AGENCY
The Department shall compensate the Agency for the performance of this Agreement in the amount of
$ 12,877.30 per quarter for a total sum of $ 51,509.20 per year. Payments shall commence at
the conclusion of the first three -month period following the Effective Date of this Agreement. The
Department may suspend payment of any sums due hereunder without penalty or interest if the Agency is
in breach of any term or provision of this Agreement at the time payment is due. In the event this
Agreement is terminated, payment shall be prorated for the quarter in which termination occurs.
MOA with Agency Final 07 -28 -11 Page 3
AGENDA ITEM # 6A
OCTOBER 10, 2011
12. PAYMENTS TO DEPARTMENT
All Department invoices submitted to the Agency for payment pursuant to the terms and provisions of this
Agreement are due and payable within thirty (30) days of the date of the invoice ( "Due Date "). Any
portion of an invoice not received by the Department by the Due Date shall immediately thereafter begin
accruing interest at a rate of interest established pursuant to §55.03, Fla. Stat., until paid in full.
13. INDEMNIFICATION
A. The Agency shall promptly defend, indemnify, hold the Department harmless from and pay all
demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, costs, losses,
penalties, construction delay costs / penalties, expenses, attorneys' fees and suits of any nature or kind
whatsoever caused by, arising out of or related to the Agency's performance, or breach, of this
Agreement ( "Liabilities "). The term "Liabilities" shall also specifically include all civil and criminal
environmental liability arising, directly or indirectly under any Governmental Law, including, without
limitation, liability under the Resource Conservation and Recovery Act ( "RCRA"), the Comprehensive
Environmental Response, Compensation and Liability Act ( "CERCLA "), the Clean Air Act ( "CAA") and the
Clean Water Act ( "CWA"). The Agency's duty to defend, indemnify and hold the Department harmless
specifically does not encompass indemnifying the Department for its negligence, intentional or wrongful
acts, omissions or breach of contract.
B. The Agency shall notify the Department in writing immediately upon becoming aware of any Liabilities.
The Agency's obligation to defend, indemnify and hold the Department harmless from any Liabilities, or at
the Department's option to participate and associate with the Department in the defense and trial of any
Liabilities, including any related settlement negotiations, shall be triggered by the Department's written
notice of claim for indemnification to the Agency. The Agency's inability to evaluate liability, or its
evaluation of liability, shall not excuse performance of the provisions of this paragraph.
14. SOVEREIGN IMMUNITY & LIMITATION OF LIABILITY
Nothing in this Agreement shall be deemed or otherwise interpreted as waiving either party's sovereign
immunity protections, or as increasing the limits of liability set forth in §768.28, Florida Statutes, as the
same may be amended from time to time.
15. NOTICE
Ail notices, communications and determinations between the parties hereto and those required by this
Agreement, including, without limitation, changes to the notification addresses set forth below, shall be in
writing and shall be sufficient if mailed by regular United States Mail, postage prepaid, to the parties at the
following addresses:
Department: Florida Department of Transportation
District Maintenance Contracts, MS 2010
1109 South Marion Avenue
Lake City, Florida 32025 -5874
Agency: City of Atlantic Beach
Department of Public Works
1200 Sandpiper Lane
Atlantic Beach, Florida 32233 -4318
16. GOVERNING LAW
This Agreement shall be governed in all respect by the laws of the State of Florida.
17. INITIAL DETERMINATION OF DISPUTES
The Department's District Two Secretary ( "District Secretary") shall act as the initial arbiter of all
questions, difficulties, and disputes concerning the interpretation, validity, performance or breach of this
Agreement.
MM
MOA with Agency Final 07 -28 -11 Page 4
AGENDA ITEM # 6A
OCTOBER 10, 2011
18. VENUE AND JURISDICTION
A. Venue for any and all actions arising out of or in any way related to the interpretation, validity,
performance or breach of this Agreement that are not resolved to the mutual satisfaction of the parties by
the Department's District Secretary shall lie exclusively in a state court of appropriate jurisdiction in Leon
County, Florida.
B. The Agency and all persons and entities accepting an assignment of this Agreement, in whole or in
part, shall be deemed as having consented to personal jurisdiction in the State of Florida and as having
forever waived and relinquished all personal jurisdiction defenses with respect to any proceeding related
to the interpretation; validity, performance or breach of this Agreement.
19. JURY TRIAL
The parties hereby waive the right to trial by jury of any dispute concerning the interpretation, validity,
performance or breach of this Agreement, including, without limitation, damages allegedly flowing there
from.
20. ASSIGNMENT
The Agency may not assign, pledge or transfer any of the rights, duties and obligations provided in this
Agreement without the prior written consent of the Department's District Secretary or his/her designee.
The Department has the sole discretion and authority to grant or deny proposed assignments, with or
without cause. Nothing herein shall prevent the Agency from delegating its duties hereunder, but such
delegation shall not release the Agency from its obligation to perform this Agreement.
24. THIRD PARTY BENEFICIARIES
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits,
obligations or remedies upon any other person or entity except as expressly provided for herein.
22. VOLUNTARY EXECUTION OF AGREEMENT
Each party warrants and represents to the other: (i) that it understands all of the rights and obligations set
forth in this Agreement and the Agreement accurately reflects the desires of said parry; (ii) each provision
of this Agreement has been negotiated fairly at arm's length; (iii) it fully understands the advantages and
disadvantages of this Agreement and executes this- Agreement freely and voluntarily of its own accord
and not as a result of any duress, coercion, or undue influence; and (iv) it had the opportunity to have
independent legal advice by counsel of its own choosing in the negotiation and execution of this
Agreement.
23. ENTIRE AGREEMENT
This instrument, together with the attached exhibits and documents made part hereof by reference,
contains the entire agreement of the parties and no representations or promises have been made except
those that are specifically set out in this Agreement. All prior and contemporaneous conversations,
negotiations, possible and alleged agreements and representations, covenants, and warranties with
respect to the subject matter of this Agreement, and any part hereof, are waived, merged herein and
superseded hereby.
24. SUFFICIENCY OF CONSIDERATION
By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of
consideration provided. in this Agreement and forever waive the right to object to or otherwise challenge
the same.
25. WAIVER
The failure of either party to insist on the strict performance or compliance with any term or provision of
this Agreement on one or more occasions shall not constitute a waiver or relinquishment thereof and all
such terms and provisions shall remain in full force and effect unless waived or relinquished in writing.
MOA with Agency Final 07 -28 -11 Page 5
AGENDA ITEM # 6A
OCTOBER 10, 2011
26. INTERPRETATION
No term or provision of this Agreement shall be interpreted for or against any party because that party or
that parry's legal representative drafted the provision.
27. CAPTIONS
Paragraph title or captions contained herein are inserted as a matter of convenience and reference and in
no way define, limit, extend or describe the scope of this Agreement or any provision hereof.
28. SEVERANCE
If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or
authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of
this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as
principle purposes of this Agreement remain enforceable.
29. COMPUTATION OF TIME
In computing any period of time prescribed in this Agreement, the day of the act, event or default from
which the designated period of time begins to run, shall not be included. The last day of the period shall
be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the
end of the next day which is not a Saturday, Sunday or legal holiday.
30. MODIFICATION OF AGREEMENT
A modification or waiver of any of the provisions of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement.
31. CONTRACTUAL SERVICES
In the event this Agreement is for a "contractual service" as defined by §287.012, Florida Statutes, as the
same may be amended from time to time, then all applicable provisions of Chapter 287, Florida Statutes
shall apply.
32. VENDOR OMBUDSMAN
A Vendor Ombudsman has been established with the Department of Banking and Finance. The duties of
the Vendor Ombudsman include acting as an advocate for contractors /vendors who may be experiencing
problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be
contacted by calling the State Comptroller's Hotline at 1- 800 - 848 -3792.
33. ANNUAL APPROPRIATION / FUNDING
__ _. _. __ Pursuant .to... §339.1365(6)(a),_Florida Statutes, the Department's obligetion..to .f_u.nd this Agreement. is_.__
contingent upon annual appropriation by the Florida Legislature. This Agreement may be terminated by
the Department without liability to the Agency if sufficient funds are not appropriated to the Department.
The provisions of §339.135(6)(a), Florida Statutes, are set forth herein verbatim and made part of this
Agreement, to wit:
"The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the.comptroiler of the department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall
be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
MOA with Agency Final 07 -28 -11 i Page 6
AGENDA ITEM # 6A
OCTOBER 10, 2011
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties execute this
Agreement consisting of seven (7) pages.
Florida Department of Transportation
By:
Printed Name: Nick J. Tsengas. P.E.
Title: Directorof'Operations
Date:
Legal Review:
Bv:
Attest:
By:
Printed Name:
Title:
Date:
Office of the General Counsel
Florida Department of Transportation
Agency Attest:
By: City of Atlantic Beach By:
Printed Name: Printed Name:
Title: Title:
Legal Review:
Bv:
Legal Counsel for Agency
MOA with Agency Final 07 -28 -11 Page 7
AGENDA ITEM # 6A
OCTOBER 10, 2011
*., I t " 1 : ..
CITY OF ATLANTIC BEACH
MAINTENANCE LOCATIONS
State
Street
10.76
5.03
Utter er
Interme
d,Machi
Machine
Slope
Mechanic
al
Tree
ChemlcaI
WeedB
Edging&
Road
Name
From
To
Removal
no
Mowing
blowing
Sweeping
Tdmming
Grass
Sweeping
No.
$60.00
$75.00
4175.00
(acre)
Mowing
(acre)
)
(acre)
(mile )
(mile)
Control
(mile)
$0,404.68
$1,500.00
$7,880,00
$2T,040.80
Overall
Yearly Cost
(acre)
(gat.)
Atlantic
East end
t0
Blvd
Intracoastal
3rd Street
6.83
4.91
0.78
10.20
0,50
9.09
Waterway Bridge
101
M Rd rt
Atiantic Blvd.
Assisi Rd
4.69
3.82
6.70
0.50
12.88
101
M Rd rt
Ditch @ Saratoga a
1.0
0.50
2.00
4.80
101
Meyport
Ditch @ Fleet
0,63
0.30
0,30
9,38
Rd.
landing Blvd.
A1A
A1A
Ditch @ Fleet
Lending Blvd
1.19
1.13
3.00
4th & 6th
Retentlan Pond
St,
"Ir ffMayport
1.30
0.78
0.30
3.60
Rd
Retention Pond
Begonia
"C" all Atlantic
0,67
0.56
2.75
Blvd.
Maypod
Pond # 3 @ Hess
101
Rd
Station
O,BO
0.34 1
0.28
Totals
Cycles Per
Year
Total Qty's,
PerYear
Unit Cost
Total Cost
Per Year
17.48
0.80
10.76
5.03
16.90
1100
21.77
12
9
9
4
12
2
209.76
7.20
96.84
20.12
202.74
43.64
$9.00
$60.00
$75.00
4175.00
$31.59
$620.00
$1,887,84
;432.00
S7,Y69.00
$3,521.00
$0,404.68
$1,500.00
$7,880,00
$2T,040.80
Overall
Yearly Cost
$61,609.20
Quarterly $12,877.30
Amount
MOA with Agency Final 07 -28 -11 Page 8
AGENDA ITEM # 7A
OCTOBER 10, 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 dollars ( 5 . 00 ) 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 # 7A
OCTOBER I0, 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 26 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 L. Bartle, CMC
City Attorney City Clerk
Ordinance No. 80 -11 -81 Page 2 of 2
AGENDA ITEM # 7B
OCTOBER 10, 2011
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 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 26th day of September, 2011.
PASSED by the City Commission on second and final reading this day of ,
2011.
ATTEST:
Donna L. Bartle, City Clerk Mike Bomo, Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
AGENDA ITEM # 7C
OCTOBER 10, 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
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.
AGENDA ITEM # 7C
OCTOBER 10, 2011
(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 its most reasonable
application:
Accessory sty °uctur°e (Appurtenant structur - e) 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
Oi °dinance No. 25 -11 -42 Page 2 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
load - bearing walls is new construction.
Appeal means a request for a review of the 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 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.
Breakmi 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.
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,
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, 1987.
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) A general and temporary condition of partial or complete inundation of normally dry
land areas from:
(1) The overflow of inland or tidal waters;
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AGENDA ITEM # 7C
OCTOBER 10, 2011
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(b) 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 Floodway Map (FBFM) means the official map of the community
on which the Federal Emergency Management Agency (FEMA) has delineated the areas
of special flood hazard and regulatory floodways.
Flood hazard boundary map (FHB" means an official map of a community, issued by FEMA
where the boundaries of the areas of special flood hazard have been defined as Zone A.
Flood insurance rate snap (FIRM) means an official map of a community, on which
FEMA has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.
Flood insurance study means the official hydrology and hydraulics report provided by FEMA.
This report contains an examination, evaluation, and determination of flood 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.
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
adjustments 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.
Freeboard means the additional height, usually expressed as a factor of safety in feet, above a
Ordinance No. 25 -11 -42 Page 4 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
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 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 adjacent 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
Ordinance No. 25 -11 -42 Page 5 of 20
AGENDA ITEM # 7C
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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 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 valise 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 (NAVD) 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
March 23, 1987. The term also includes any subsequent improvements to such structures.
Ne1v 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 subject
to erosion and overtopping from high tides and waves during major 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 anything 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.
Ordinance No. 25 -11 -42 Page 6 of 20
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Reasonably safe fi°om flooding means base flood waters will not inundate the land or 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 projection;
(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 floodrvay 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, etc.
Sand dames 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 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
Ordinance No. 25 -11 -42 Page 7 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
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 ruanufactured 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, with accompanying maps and
other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this
chapter.
Sec. 8-8. Compliance.
No structure or land shall hereafter be located, extended, converted or structurally altered without
full compliance with the terms of this chapter and other applicable regulations.
Sec. 8 -9. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and an ordinance conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
Sec. 8 -10. Interpretation.
In the interpretation and application of this chapter, all provisions shall be: (1) Considered as
minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to
Ordinance No. 25 -11 -42 Page 8 of 20
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AGENDA ITEM # 7C
OCTOBER 10, 2011
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;
(9) 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.
(10) Interpret 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.
(11) 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.
(12) 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
(13) 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 conforinance 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 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 buildings;
(2) Elevation in relation to mean sea level to which any nonresidential structure will be
Ordinance No. 25 -11 -42 Page 10 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
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
(5) 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. 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 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 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;
(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;
Ordinance No. 25 -11 -42 Page 11 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
(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 the records of all appeal actions and report
any variances to the Federal Emergency Management Agency upon request.
(i) Variance Notification.
Any applicant to whom a variance is granted shall be given written notice over the signature of
the Mayor that:
(1) The issuance of a variance to construct a structure below the base flood elevation
will result in increased premium rates for flood insurance up to amounts as high as $25
for $100 of insurance coverage, and,
(2) Such construction below the base flood level increases the risks to life and
Ordinance No. 25 -11 -42 Page 12 of 20
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(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 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
structure (including manufactured home) shall have the lowest floor, including basement,
elevated no lower than two and one half feet (2.5') above base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, 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 along with the corresponding
engineering data, and the operational and maintenance plans shall be provided to the Floodplain
Administrator.
(c) Enclosures helory the Lowest Floor. New construction or substantial improvements that include
fully enclosed areas formed by foundation and other exterior walls below the lowest floor 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:
(2) 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;
Ordinance No. 25 -11 -42 Page 14 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
(3) 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
(4) Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwaters in both directions.
(5) Electrical, plumbing, and other utility connections are prohibited below the base flood
elevation.
(6) 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).
(7) The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
(d) Standards for Manufactured Homes and Recreational Vehicles
(1) All manufactured homes that are placed, or substantially improved within Zones 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 expansion to an existing
manufactured home park or subdivision, or in an existing manufactured home park or
subdivision on which a manufactured home has incurred "substantial damage" as the
result of a flood, the lowest floor be 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.
(2) 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.
(3) 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 jacking 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.
(e) Adequate drainage paths around structures shall be provided on slopes to guide water away from
structures with Zone AH.
(f) Standards for waterways with established Base Flood Elevations but without Regulatory
Ordinance No. 25 -11 -42 Page 15 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
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).
(g) Standards for waterways with established 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), 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 any increase in flood level
during occurrence of the base flood discharge.
(2) Development activities including new construction and substantial improvements
within the regulatory 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 regulatory floodway, the development shall be issued
only upon demonstration by 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)(
(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). The following provisions shall apply:
(1) Meet the standards of Section 8 -24, Section 8 -31 and Section 8 -32 (except g).
(2) All buildings or structures shall be elevated so that the bottom of the lowest supporting
Ordinance No. 25 -11 -42 Page 16 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
horizontal member (excluding piles or columns) is located no lower than two and one -
half feet above the base flood elevation level, whether or not the structure contains a
basement.
(3) All new construction and substantial improvements in Zones V1 -30, VE, and V
(with BFE) shall be securely anchored on pilings or columns.
(4) The piling or column 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 buildings located seaward of the Coastal 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 develop or review the structural
design, specifications and plans for the construction, and shall certify that the design and
methods of construction to be used are in accordance with accepted standards of practice
for meeting with the provisions contained in this section.
(7) 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.
(8) 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 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 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.
(11) There shall be no alteration of sand dunes or mangrove stands which would increase
potential flood damage.
Ordinance No. 25 -11 -42 Page 17 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
(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,
lattice work or 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 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.
(13) Such 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 A -Zones ~-Without established base flood elevations and/or regulatory
floodways.
Located within the areas of special flood hazard established in section 8 -7, there exist A Zones
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.
(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.
(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.
(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.
Ordinance No. 25 -11 -42 Page 18 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
(e) Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(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.
(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 adjacent grade. Standards set forth in Section 8 -32 shall apply.
Sec. 8 -34. Standards 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. 8 -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
three (3) 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 three (3) feet above the highest adjacent grade; or
(2) Together with attendant utility and sanitary facilities be completely floodproofed
no less than one foot 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 guide
water away from structures.
(4) Fully enclosed areas below the lowest floor that are subject to flooding shall meet
the non - elevation design requirements of section 8 -32.
Ordinance No. 25 -11 -42 Page 19 of 20
AGENDA ITEM # 7C
OCTOBER 10, 2011
SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this 26th day of September, 2011.
PASSED by the City Commission on second and final reading the _ day of , 2011.
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
MIKE BORNO
Mayor, Presiding Officer
ALAN JENSEN, ESQUIRE
City Attorney
Ordinance No. 25 -11 -42 Page 20 of 20
AGENDA ITEM # 8A
OCTOBER 10, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Cost Estimates to Install Crosswalks at Bike Path - Street Crossings
SUBMITTED BY: Rick Carper, P.E., Director of Public Works
DATE: October 3, 2011
BACKGROUND: At the last Commission meeting, Commissioner Daugherty requested a
report of the cost to install crosswalks at locations where bike paths cross
streets that have no current markings. Attachment contains a list of
crossings and planning level estimates of costs to add either striping or a
decorative crossing to the fourteen crossings that are not striped or that
should be restriped.
RECOMMENDATION: For Commission information and discussion. Direction to Staff is
required for further efforts.
ATTACHMENTS: 1) Crosswalk Cost Estimates
BUDGET: Crosswalks are not funded in the current budget.
REVIEWED BY CITY MANAGER:
--- �7
June 12, 2006 Regular Meeting
AGENDA ITEM # 8A
OCTOBER 10, 2011
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5
AGENDA ITEM # 8B
OCTOBER 10, 20I1
3. COPS Funding An application was submitted for additional COPS funding in 2011 -12, but
it was not funded in the present round of COPS grants. Atlantic Beach remains in a similar
position with the Jacksonville Sheriff's Office who submitted an application for more than $3
million dollars, which was not funded.
The fact that the application was not denied and remains in a pending status is significant for
future funding consideration. The most recent jobs bill under consideration includes $5 billion
for first responders, including police officers. There have been times in the past when funding
became available, and the "pending" list of COPS applications was utilized as the applicant pool
for funding. In other words, the unfunded COPS applications may be funded in the fixture.
BUDGET: The recommendations in the staff report redistribute existing funding in the budget,
and they will not increase the total expenses in the budget.
RECOMMENDATIONS:
1. To authorize staff to restructure positions to replace the Community Development Director
position, to reflect the changes noted above, and to authorize staff to recruit and hire a qualified
person for the new position.
2. To authorize the modification of the 2011 -12 budget shifting funding from the City Manager's
budget for the Community Redevelopment Coordinator position to the Police Department where
it will be used with the remaining JAG funding to pay for a 2 °d COPS position on a part time
basis.
ATTACHMENTS: None
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER: