10-24-11 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
October 24, 2011- 6:00 PM
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve the minutes of the Regular Commission Meeting of October 10, 2011 and Special
Called Meeting of 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 Monthly Building Department and Utility Sales Reports for
September 2011.
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 11 -24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE
INVESTMENT POLICY FOR CITY FUNDS, AND PROVIDING AN EFFECTIVE DATE.
7. Action on Ordinances
None.
8. Miscellaneous Business
A. Request for a waiver from City Code Section 19 -7. (City Manager)
B. Employee Health Insurance. (City Manager)
C. Acceptance of Donated Tax Parcel on Cavalla Road from City of Jacksonville. (City
Manager)
D. Easement for building encroachment at Laura Plaza. (469 Atlantic Blvd). (City Manager)
E. Responsibility for Maintenance of Atlantic Blvd. Medians. (City Manager)
F. Report on Maintenance for Town Center. (City Manager)
G. Authorizing Use of Forfeiture Funds for Police Gym Memberships. (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
A. Appointments to the Community Development Board. (Mayor Pro Tem Fletcher)
B. Authorization to file suit to foreclose lien on property at 457 Sailfish Drive. (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 21, 2011.
2
MINUTES
REGULAR CITY COMMISSION MEETING
October 10, 2011
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tern John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order /Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Fletcher gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of September 26,
2011 and the Special Called (Shade) Meeting of October 3, 2011.
Motion: Approve the minutes of the Regular Commission Meeting of September
26, 2011 and the Special Called (Shade) Meeting of October 3, 2011, as written.
Moved by Fletcher, Seconded by Parsons.
Votes:
Aye: 5 — Borno, Fletcher, Daugherty, 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.
Mike Whalen, 1420 Mayport Road, presented the Commission with a Call to Action
for Mayport Road, stating he is a board member for the Jacksonville Area Ship Repair
Association. He stated Mayport Road and Mayport Base are dying and explained this
is due to the decline of ships coming to Mayport. He asked for the Commission's help
to get more surface ships ported at Mayport. Mayor Borno asked him for a list of the
Armed Forces Service Committee members. Mr. Whalen stated he would give that to
the Mayor. Mr. Whalen stated their help contacting any of their government
counterparts would help; they need to make some noise, if they believe Mayport Naval
Station is important to us. Commissioner Fletcher stated it is important and suggested
Mr. Whalen formulate a list of a few key people we can contact and state what we
should ask for. Mr. Whalen stated they are asking for surface ships as outlined in the
Call to Action. Commissioner Parsons agreed it is very important we do something
about this.
John November, 647 Beach Avenue, addressed the Commission regarding adding
modular, removable seating at the end of the new pier at Tideviews. He stated this
seating would not have to come from City revenue; it could come from fundraising, or
from people wanting to donate seating to have their name on the boardwalk. He
showed a slide of the pier, pointing out where seating could be placed. He added he
October 10 2011 REGULAR COMMISSION MEETING Page 2
would personally pledge to raise money for a swinging bench. He stated installing a
cigarette butt holder on the pier as soon as possible is very important, and also
suggested an overlook, which he gave pictures of to the Mayor. He further stated
having a cover on the swinging bench and under the gazebo area at the base of the pier
would also be important. Mayor Borno stated staff would bring all of his
recommendations back to the Commission with their cost factors. Commissioner
Daugherty agreed that, ecologically, a cigarette butt holder is a good thing to install as
well as a container to hold cut fishing line.
City Manager Jim Hanson stated he received an email, which was distributed to the
Commission, from Commissioner -elect Maria Mark, who was unable to attend
tonight's meeting, regarding her support for the approval of Item 8B.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor
to Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow -up Report.
Meeting
None.
Consent Agenda 4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY
ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED,
THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL
BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND
STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO
THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of 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.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Items A, B and C as read.
Moved by Fletcher, Seconded by Daugherty.
Votes:
Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods
Nay: 0
MOTION CARRIED
October 10, 2011 REGULAR COMMISSION MEETING Page 3
Committee Reports 5. Committee Reports
None.
Action on Resolutions 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.
Mayor Borno read Resolution No. 11 -26 by title.
Motion: Approve Resolution No. 11 -26.
Moved by Fletcher, Seconded by Parsons
Rick Carper stated this is a routine resolution that comes up every year as we
have to renew our contract with the DOT for maintenance of selected portions
of the DOT right -of -way in our City and is consistent with what we have in the
budget. Mr. Carper answered questions from the Commission.
Votes:
Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods
Nay: 0
MOTION CARRIED
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.
Mayor Borno read Ordinance No. 80 -11 -81 by title.
Motion: Approve Ordinance No. 80- 11 -81.
Moved by Parsons, Seconded by Fletcher
Mayor Borno opened the Public Hearing. He explained this Ordinance is for the
increase in stormwater fees from $5 /residential unit to $6.89 per month.
Mike Whalen, 1420 Mayport Road, asked if this was a result of declining revenues in
from water. Mayor Borno stated the stormwater fee does not fund what it takes to
maintain the stormwater drainage system and it has been supplemented by the gas tax.
He stated it was decided they needed to get it to stand more on its own and are working
toward that so the gas tax money can come back for more maintenance on the streets.
October 10, 2011 REGULAR COMMISSION MEETING Page 4
No one else from the audience spoke so Mayor Borno closed the Public Hearing.
Votes:
Aye: 4 — Borno, Fletcher, Daugherty, Parsons
Nay: 1— Woods
MOTION CARRIED
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.
Mayor Borno read Ordinance No. 60 -11 -16 by title.
Motion: Approve Ordinance No. 60- 11 -16.
Moved by Parsons, Seconded by Fletcher
Mayor Borno opened the Public Hearing.
Mike Whalen, 1420 Mayport Road, thanked the Commission for this Ordinance. He
stated to come into compliance with his sign it would be $12,500.
No one else from the audience spoke so Mayor Borno closed the Public Hearing.
Commissioner Daugherty stated he hopes when the new Commission is seated they can
discuss revisiting the sign ordinance and changing it permanently. He stated he
believes they need to look at a more permanent solution to this. Mayor Borno stated
they may need to have a workshop to look at this.
Votes:
Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods
Nay: 0
MOTION CARRIED
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
October 10, 2011 REGULAR COMMISSION MEETING Page 5
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
Mayor Borno opened the Public Hearing.
Mike Whalen, 1420 Mayport Road, stated there is a retention pond in the back of his
building that floods his building when it rains and asked if this ordinance will help with
that. Mr. Hanson stated no, but he should contact Rick Carper about whose pond it is
and talk about solutions. Mr. Carper stated the pond belongs to the gas station.
Commissioner Parsons stated it is important for people to find out where they are in the
flood plain and they can go to Jacksonville's website (coj.net) to do this. Mr. Hanson
stated we also have a link on our website. Mayor Borno stated people also can contact
Mike Griffin at City Hall and he can tell them if they have a change.
Commissioner Fletcher clarified this is bringing our ordinance into compliance with
the State of Florida model flood damage prevention ordinance.
No one else from the audience spoke so Mayor Borno closed the Public Hearing.
Votes:
Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods
Nay: 0
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Cost to install crosswalks.
Mr. Hanson stated staff was asked to prepare a report on the cost of the various options
to install pedestrian crosswalks at a number of places where our ped paths cross City
streets and don't have them presently. He stated the Public Works Director has
prepared an estimate for each of those.
Public Works Director Rick Carper showed several slides of various examples of
crosswalks, stating he prepared cost estimates for the various types of crosswalks. He
explained the life expectancy and cost of each. He stated there are no funds in this
year's budget for decorative crosswalks but staff could begin painting crosswalks.
Discussion ensued.
Commissioner Fletcher pointed out that sometimes decorative crosswalks give
pedestrians/bicyclists an illusion that cars will stop and they don't and neither do the
pedestrians. He stated he believes there is a public safety issue that is probably more
October 10, 2011 REGULAR COMMISSION MEETING Page 6
important right now than whether we want to spend the money for these. Mr. Hanson
stated the illusion is created in State law, pointing out that motorists are required under
State law to stop for pedestrians at a marked pedestrian crosswalk but most motorists
don't know the law exists.
Commissioner Daugherty showed slides of photos he had taken previously, stating the
reason he brought this up was that he was almost hit by a car.
Chief Mike Classey stated it would make sense to have markings at intersections like
this.
Commissioner Woods stated she believes decorative crosswalks fall more into strategic
planning but she agreed thermoplastic is more reasonable. She also discussed the
Mayo Clinic crosswalks that have lights that flash when a pedestrian is in the
crosswalk.
Assistant City Manager David Thompson stated they have these also at UNF coupled
with signs telling motorists to yield to pedestrians. He stated they looked at the pricing
to do that type of crosswalk and they are fairly expensive at around $16,000 /crosswalk
for just the basics.
Motion: Stripe the fourteen (14) crosswalks with the thermoplastic materials at
an estimated cost of $2,468.
Moved by Woods, Seconded by Daugherty
Commissioner Parsons stated they had previously looked into this and the slightly
raised crosswalks that get the motorists' attention are best. Discussion ensued.
Commissioner Daugherty stated, due to the curve in the road, high traffic and speed of
the vehicles, he would like to see the stamped concrete installed at the crossing on
Orchid Street. Mr. Carper stated they should also put advance warning signs that a
crosswalk is ahead.
Motion: Amend to use stamped concrete crosswalk at Orchid Street at a cost of
$8,448 and direct Rick Carper to include this in his proposal for use of gas tax
funds.
Moved by Daugherty
Discussion ensued about whether to use stamped asphalt or stamped concrete.
Mayor Borno stated rather than trying to decide which to use they should strike Orchid
off the list and do the other 13 in thermoplastic, to give time for Mr. Carper to research
the cost.
Commissioner Daugherty withdrew his motion.
Mr. Carper recommended doing all 14 in thermoplastic and then study what to do for
Orchid as a long -term solution. Commissioner Woods stated she recommended
starting with Orchid, since Commissioner Daugherty was concerned about that
crosswalk, to see if it helps and they notice a difference.
October 10 2011 REGULAR COMMISSION MEETING Page 7
Votes:
Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods
Nay: 0
MOTION CARRIED
B. Restructuring to continue responsibilities of Redevelopment Coordinator.
Mr. Hanson summarized the staff report and recommended reconfiguring the Planning
and Zoning administrator position to add the responsibilities for economic
redevelopment and put the position under the Building Official and secondly,
transferring the half position that is in the Administrative division to the Police
Department so it can be added to the other half position in the Police Department to
create a second COPs officer /officer on the street position. He reiterated he is
proposing no change in the number of authorized position in the City budget and no
changes in the budget, but is proposing a restructure of one position to be realigned to
better use our resources and to transfer a half position to the Police Department so we
can utilize that also.
Commissioner Fletcher stated they have accomplished a lot of what they wanted to do
in 2008 and asked if they are losing any of that in this transition. He stated ongoing
crime suppression is necessary. Chief Classey stated they are not reducing that.
Commissioner Fletcher asked how would the economic redevelopment position differ
from what was in Dale Hatfield's job description. Assistant City Manager Thompson
stated Mr. Hatfield's primary focus was on public safety and what they are now
looking at is more of a transition to economic development where they are focused
more on zoning and a business and economic development perspective.
Commissioner Parsons stated he believes this is a good management decision. He also
complimented Dale Hatfield for doing a superb job in this position. Mr. Thompson
agreed, stating it has been a joint effort.
Mayor Borno also agreed it has been a joint effort and it is now time to readjust our
focus to still maintain what we are doing.
Motion: Authorize staff to restructure positions to replace the Community Developme
Director position, to reflect the changes noted above, and to authorize staff to recruit a nd
hire a qualified person for the new position and 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 second COPs position
on a part -time basis.
Moved by Parsons, Seconded by Fletcher.
Votes:
Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods
Nay: 0
MOTION CARRIED
October 10 2011 REGULAR COMMISSION MEETING Page 8
City Manager 9. City Manager
A. City Manager's Report.
City Manager Jim Hanson stated, at the last meeting, staff was asked to report on the
Town Center Maintenance and the Maintenance Agreement history for the Atlantic
Blvd. Medians. He stated they were not completed in time for this agenda but will be
on the next agenda.
Mr. Hanson reported they received the final tax digest from the property appraiser
stating the total dropped from $1.25 billion to $1.24 billion which nets out as a
decrease of $33- 34,000 in tax revenues which we can expect to be under budget by this
year. He stated he would not amend the budget yet, but wanted to report it.
Mr. Hanson also stated they have reported in the past on emergency sewer line repairs
where the problem with the old iron lines is that they rust out on the top and asked
Director of Utilities Donna Kaluzniak to show a short video taken by her contractor of
some rotted sewer lines.
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Parsons
• Reported on article in the October newsletter regarding the limit of 5 cubic
yards of yard trash, stating he has met with the hauler and they have agreed,
with advanced notice, they will pick it up. Mayor Borno asked if the hauler
will not stick with the 5 cubic yards during this northeaster. Mr. Carper stated
they will not pick up more than 5 cubic yards but will return tomorrow to pick
up more trash.
Commissioner Woods
• Stated as she goes back and forth over the bridge she has seen a lot of people
out using the pier and it seems to be a welcome addition to the City. Mayor
Borno stated with the amount of people using the pier and the suggestion
tonight of putting in a cigarette butt container, he believes maybe it should be a
no smoking area. He stated all they need is one mistake and, in certain
conditions, we could have a major fire out there.
Mayor Borno
• Noticed we are missing a lot of the blue tiles on the fire hydrants.
• Took Dale Hatfield to breakfast to personally thank him for all of his efforts for
the City, stating Mr. Hatfield is glad to return as a detective.
• Answering Commissioner Daugherty's request for an update on the tippage
fees, he reported that Neptune Beach has joined in with Atlantic Beach to write
a joint letter and to share costs and that is being worked on. He stated updates
will follow.
October 10, 2011 REGULAR COMMISSION MEETING Page 9
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:19
p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON OCTOBER 3, 2011 AT 6:00 PM
City Commission Members present:
Mike Borno, Mayor
John L. Fletcher, Mayor Pro Tern
Jonathan Daugherty, Commissioner
Paul B. Parsons, Commissioner
Carolyn Woods, Commissioner
Staff present:
Jim Hanson, City Manager
Donna L. Bartle, City Clerk
Nancy Bailey, Recording Secretary
The meeting, which was held for the purpose of discussing the recommendations regarding
landfill tipping fees, was called to order at 6:02 p.m. by Mayor Borno.
Landfill Tipping Fees— Discussion and Action
Mayor Borno stated Atlantic Beach and Neptune Beach have been notified that the tipping fees
will be charged and discussed the various options. He recognized Neptune Beach Mayor
Harriett Pruette and Vice Mayor Kara Tucker, who were in the audience. His recommendation
was to have a joint letter with Neptune Beach, signed by both Mayors, to the City of Jacksonville
and made the following motion.
Motion: Authorize the Mayor to sign a ioint letter with the Mayor of Neptune Beach to the
City of Jacksonville Mayor and Council President advising them of our surprise and
concern with their recent decision to begin charging a landfill tipping fee and requesting
their cooperation in working with the City staff and consultants to obtain addit
information to determine if the provision in the Interlocal Agreement authorizing tip ping
fees has been met.
Moved by Borno, Seconded by Fletcher
Commissioner Fletcher stated he wanted to add two things to that approach: (1) remind the City
of Jacksonville that this decision is not binding just because they put this in their budget. It does
not mean the Cities of Atlantic Beach and Neptune Beach recognize it as binding on us; and (2)
remind the City Council President that the City Council has a bifurcated role. They are the City
Council in the City of Jacksonville and they are the County Commission of Duval County and,
as such, have a fiduciary responsibility to other component cities of Duval County and by
assessing a tax from one city, that we wholeheartedly reject, to solve a budget problem in another
city is a breach of their fiduciary responsibility and we are not going to tolerate it.
Discussion ensued.
Mr. Jensen stated the intent of the letter, as he understands it, is that we have a contract and the
fact that they have put an item in their budget does not change our agreement with them. He
stated we intend to honor the contract we have and expect them to do the same. He stated we do
Minutes — City Commission Workshop October 3, 2011
Page 2
not believe they have gotten to the level of charging their own residents, which they must meet,
before they can impose landfill tipping fees on us.
City Manager Hanson summarized the background on the tipping fees. He stated he believes we
need to get a complete understanding of the City of Jacksonville's books and determine whether
they have met the terms of the Interlocal Agreement. He believes a consultant that understands
the solid waste business and the accounting that goes with it would be appropriate to do this.
Commissioner Daugherty asked if we are able to dump our waste /sludge without paying the fee.
Mr. Hanson explained several options. Discussion ensued.
Motion: Amend to include: (1) remind the City of Jacksonville that this decision is not
binding lust because they put this in their budget and it does not mean the Cities of
Atlantic Beach and Neptune Beach recognize it as binding on us; and (2) remind the City
Council President that the City Council has a bifurcated role, they are the City Council in
the City of Jacksonville and they are the County Commission of Duval County and, as such
have a fiduciary responsibility to other component cities of Duval County and by assessing
a tax from one city, that we wholeheartedly reiect, to solve a budget problem in another
city is a breach of their fiduciary responsibility and we are not going to tolerate it.
Moved by Fletcher, Seconded by Daugherty
Commissioner Fletcher stated the City Attorney understands the intent of what he said and
knows he can refashion that in legal words.
Mr. Hanson clarified the two components they want in the letter are that any decision by
Jacksonville on their budget is not binding on Atlantic Beach because of the Interlocal
Agreement and we take issue with Jacksonville choosing to try to impose a fee on us to pay for a
program in another City. Commissioner Woods stated it should also include that the Interlocal
Agreement is by mutual consent and we do not consent. Commissioner Fletcher stated he agrees
that charging the tipping fees is not a unilateral decision but needs to be made by mutual consent.
City Attorney Alan Jensen explained the agreement states they can charge the fee at a certain
point in time but we can make them prove that they have gotten to that level.
Commissioner Woods clarified the amendment to the letter is to include the three points
discussed. Mayor Borno called for a vote on the amendment to include the three points.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Mayor Borno then called for a vote on the amended original motion.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Minutes — City Commission Workshop October 3, 2011
Page 3
Motion: Direct staff to obtain proposals from private consultants for services in connection
with determining whether Jacksonville has met the provision in the Interlocal Agreement
for the payment of landfill tipping fees.
Moved by Fletcher, Seconded by Parsons
Mayor Borno stated the two City Managers will get together rapidly and find some private
consultants with the background to do a range of one to two weeks work for $15k -25K.
Commissioner Woods questioned whether Jacksonville would cooperate with opening their
books. Mr. Jensen stated if Jacksonville chooses not to cooperate with that request, we can do a
public records request and they will have to give us the documents.
Commissioner Daugherty stated he believes this is premature. He stated he believes they should
send the letter, let them know our position and that the burden of proof is on them. He stated he
is against hiring a consultant for $15 -20K. He stated if step one doesn't work, then they can go
to step two, hiring a consultant.
Mr. Hanson stated they have already asked for their numbers over the past year and have
received very simple, sometimes incomprehensible numbers and sometimes conflicting numbers
and it has gotten to a point if they are going to get real answers they are going to have to send
someone in to spend some time to understand their operation better. He stated he has neither the
time nor expertise to do this and would like someone with more expertise to do that. He further
pointed out that he has asked for information under the open records and it took weeks and
weeks to get it. He believes the only way we are going to get these questions answered is to send
someone down there for a week.
Commissioner Fletcher stated he doesn't see in this motion that we are going to work with
Neptune Beach to jointly do this and would like to add this. Mayor Borno stated they cannot
bind Neptune Beach to this but Neptune Beach has a special meeting Thursday night and they
will be discussing this also. He asked Mayor Pruette if she wanted to address this.
Mayor Harriett Pruette, Neptune Beach, stated she believes it is critical that they work with
Atlantic Beach and are unified on this. She stated there comes a time when you have to take a
stand and now is the time and she hopes her council will be unified and they can come together
and share some of the cost. She stated they will have a meeting on this on Thursday and she
likes what they have discussed tonight. She stated let's just work together and get through this.
Commissioner Woods stated, on the issue that Jacksonville is unilaterally changing the Interlocal
Agreement by stating they have met whatever their requirements are, is that something they
would want to invite Jacksonville Beach to join us on. She stated they also have an Interlocal
Agreement that they would not want Jacksonville to unilaterally change. She stated if
Jacksonville gets away with this, they can do the same thing to Jacksonville Beach. Mayor
Borno stated, depending on how this goes, there may be a point in time where the issue of
combining all three cities could happen.
Minutes — City Commission Workshop
Page 4
October 3, 2011
Motion: Amend to request this be in coniunction and partnership with Neptune Beach for
sharing in the information gathering and cost of the private consultant.
Moved by Daugherty, Seconded by Fletcher
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Discussion ensued and Mayor Borno called for a vote on the original motion, as amended.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Discussion ensued regarding refuse transfer stations.
There being no further discussion by the City Commission, Mayor Borno declared the meeting
adjourned at 6:50 p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
AGENDA ITEM # 4A
OCTOBER 24, 2011
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AGENDA ITEM # 4A
OCTOBER 24, 2011
City of Atlantic Beach, Fl.
Utility Sales Report
September 2011
S ept embe r
2010
Gallons Actual Revenue
Gallons
Actual
Revenue .
Water Sales Accounts 0000 Revenue Per 1,000 gi Accounts
0000
Revenue
Per 1,000 gi I
Atlantic Beach
5,600 45,760 $168,281 $3.68
5,590
46,630
$170,357
$3.65 1
Buccaneer 10
2,491 20,210 $108,724 $5.38
2,460
19,981
$91,660
$4.59
8,091 65,970 $277,006 $4.20 N
8,050
66,611
$262,017
$3.931,
Total Water Sales
Gallons
Gallons
Water Plant Production
0000
0000
Atlantic Beach
59,875
52,543
Buccaneer
18,320
19,277
Total Production
78,195
71,820
Total Water Billed
65,970
66,611
Water Loss for month:
12,225
5,209
Percentage Loss
15.63%
7.25%
Total 12 mo. Avg. Loss
17.33%
16.27%
Gallons Actual Revenue
Gallons
Actual
Revenue w
Sewer Sales
Accounts 0000 Revenue Per 1,000 gi
Accounts
0000
Revenue
Per 1,000 gi
Atlantic Beach
5,154 34,378 $253,037 $7.36
5,120
34,769
$232,490
$6.69
Buccaneer
2,388 21,382 $195,207 $9.13
2,342
19,442
$167,516
$8.62
7,542 55,760 $448,245 $8.04
7,462
54,211
$400,006
$7.38
Total Sewer Sales
Gallons Actual Revenue m
Gallons
Actual
Revenue
Sewer Treatment
0000 Revenue Per 1,000 gi
0000
Revenue
Per 1,000 gi
Atlantic Beach
44.495 $253,037 $5.69
43.434
$232,490
$5.35
Buccaneer
18.946 $195,207 $10.30
17.813
$167,516
$9.40
63.441 $448,245 $7.07
61.247
$400,006
$6.53
Total Sewer Treated
NOW
w
MT
AGENDA ITEM # 6A
OCTOBER 24, 2011
Some of the revisions are proposed simply to allow for portfolio growth and easier
management.
The proposed revisions accomplish the following:
1. To remove the policy table presentation and move the policy guidelines to each investment type
by inserting the percentage allocations and limits with the description of each investment. This
will make the document more user - friendly and more comparable to the way other cities describe
their policies.
2. To consolidate the provisions for treasury securities of under 6 months and over 6 months until
maturity eliminating the need for a Type A -1 and A -2.
3. To remove the fixed dollar limitations per issuer and replace them with percent of portfolio limits
allowing the relative composition of the allocations to change with the size of the portfolio.
4. To renumber the policy provisions.
5. To add Treasury Inflation Protected Securities (TIPS) as an allowable investment.
6. To add Money Market Funds of the highest credit quality rating, but restricting it to 25% of
available funds.
7. To remove the $1,000,000 per issue restriction on Government Agencies but retain the 50%
maximum exposure.
8. To remove the $1,000,000 per issue restriction on Government Sponsored Enterprises and change
the maximum exposure from 30% to 50 %.
9. To add the investment type Corporate Notes and Bonds By allowing these instruments, they
may also be allowed in the available fixed income mutual funds. This is common and will be
restricted to 5% of available funds with any individual issuer.
10. To change the investment type of Government Mutual Funds to Government \Corporate Fixed
Income Mutual Funds and change the allowable percentage from 30% to 80% with only 25% in
an individual issuer.
11. To remove the $1,000,000 per issuer limit for Local Government Investment Pools and replacing
it with a 10% per issuer limit while retaining the 20% of available assets.
12. To update the policy with an alternative to the three bid requirement so that investments
may be purchased utilizing the comparison to current market price method from sources
that provide current market prices, i.e. Bloomberg, or other similar industry providers.
RECOMMENDATION: The City Commission adopts Resolution 11 -24 amending the City
of Atlantic Beach Investment Policy.
ATTACHMENTS: Resolution 11 -24
Revised Atlantic Beach Investment Policy
REVIEWED BY CITY MAN
AGENDA ITEM # 6A
OCTOBER 24, 2011
RESOLUTION NO. 11 -24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE
INVESTMENT POLICY FOR CITY FUNDS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statute 218.415 requires the City of Atlantic Beach to adopt a written investment
plan relating to the investment of municipal funds, and
WHEREAS, Sec 2 -73 of the Atlantic Beach Code, as amended by Ordinance no. 35 -95 -9, effective
September 25, 1995, authorizes the City Commission to adopt its written investment plan by resolution,
and
WHEREAS, the Director of Finance has proposed amending the current investment policy for the
purpose of making improvements to the policy, and
WHEREAS, it is the desire of the City Commission to adopt the revised Investment Policy, provided it
does not abrogate or conflict with any provision or covenant contained in any bond resolution or
ordinance of the City.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida as
follows:
Section 1. The City of Atlantic Beach hereby revised Investment Policy attached hereto is hereby
adopted pursuant to sec 218.415, Florida Statutes, and Section 2 -73, Atlantic Beach Code.
Section 2. Nothing in this resolution or the attached investment policy shall be interpreted or construed
to abrogate or conflict with any specific provision or covenant contained in any bond resolution or
ordinance of the City relating to the investment of bond proceeds available in specific funds or accounts.
Section 3. This Resolution shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission this day of October, 2011.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Approved as to form and Correctness:
Louis "Mike" Borno, Jr.
Mayor, Presiding Officer
Alan C. Jensen, Esquire
City Attorney
AGENDA ITEM # 6A
OCTOBER 24, 2011
City of Atlantic Beach, Florida
Investment Policy Statement
I. PURPOSE
The purpose of this policy is to set forth the investment objectives and parameters for the
management of public funds of the City of Atlantic Beach, Florida (hereinafter "City "). These
policies are designed to ensure the prudent management of public funds, the availability of
operating and capital funds when needed and an investment return competitive with
comparable funds and financial market indices.
II. SCOPE
In accordance with section 218.415, Florida Statutes, this investment policy applies to all
financial assets, and to the investment of principal, interest, reserve, construction,
capitalized interest, and redemption or escrow accounts created by ordinance or resolution
pursuant to the issuance of bonds where the investments are held by an authorized
depository.
This investment policy does not apply to pension fund assets held by the City of Atlantic
Beach (City) or for the benefit of the City by a third party custodian.
Ill. INVESTMENT OBJECTIVES
The investment objectives for the City's cash reserves are (in this order):
1. to ensure the safety and preservation of investment principal
2. provide for sufficient liquidity
3. Maximize the return on investment (yield) while controlling risk through
diversification
The City's investment portfolio shall be managed in a manner to attain a market rate of
return throughout budgetary and economic cycles while preserving and protecting capital in
the overall portfolio.
To attain these objectives, and to further reduce risk, diversification should be utilized such
that potential losses on individual securities do not exceed the income generated from the
remainder of the portfolio.
2
AGENDA ITEM # 6A
OCTOBER 24, 2011
IV. DELEGATION OF AUTHORITY
The Finance Director is responsible for investment decisions and activities, under the
direction of the City Manager. The Finance Director shall develop and maintain written
administrative procedures for the operation of the investment program, consistent with
these policies.
V. INVESTMENT PERFORMANCE AND REPORTING
A portfolio report shall be provided monthly to the City Manager and the City Commission.
This report shall include a breakdown of the portfolio, as well as the performance during
the period.
VI. PRUDENCE AND ETHICAL STANDARDS
The City shall adopt the Prudent Person Rule, which states that: "Investments shall be made
with judgment and care, under circumstances then prevailing, which persons of prudence,
discretion, and intelligence exercise in the management of their own affairs, not for
speculation, but for investment, considering the probable safety of their capital as well as
the probable income to be derived from the investment."
VII. AUTHORIZED INVESTMENTS
The Finance Director shall purchase or sell investment securities at prevailing market rates.
All investments shall be limited to the following:
T A 7• US Se rities (eyeF G month
A. U.S. Treasury Securities
Invest in negotiable direct obligations, or obligations, the principal and interest of which are
unconditionally guaranteed by the United States Government. Such securities will include,
but not be limited to, the following:
1. Treasury Securities - State Government Series (SLGS)
2. Treasury Bills
3. Treasury Notes
4. Treasury Bonds
5. Treasury Strips
6. Treasury Inflation Protected Securities (TIPS)
3
AGENDA ITEM # 6A
OCTOBER 24, 2011
A maximum of 100% of available funds may be invested in U.S. Treasury Securities.
The maximum length to maturity of any direct investment in U.S. Treasuries is 10 years from
the date of purchase.
B. Money Market Funds
Invest in Securities and Exchange Commission registered money market funds with the
highest credit quality rating from a nationally recognized rating agency.
A maximum of 100% of available funds may be invested in money market funds, with no
more than 25% of available funds invested in any individual issuer.
C. Demand Deposits
Invest in interest bearing demand deposit accounts whereby the City has access to the
funds by writing drafts against the money on deposit. Any such deposits are to be
secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes,
and provided that the bank or savings association is not listed with any recognized credit
watch information service.
A maximum of 100% of available funds may be invested in demand deposits.
D. Certificates of Deposit
Invest in non negotiable interest bearing time certificates of deposit or savings accounts
in banks or savings associations organized under the laws of Florida and or/ national
banks or saving associations organized under the laws of the United States and that any
such deposits are secured by the Florida Security of Public deposits Act, Chapter 280,
Florida Statutes, and provided that the bank or savings association is not listed with any
recognized credit watch information service.
A maximum of 50% of available funds may be invested in certificates of deposit with no
more than $2,000,000 invested in any individual issuer.
E. U.S. Government Agency Securities
Invest in bonds, debentures, notes or other evidence of indebtedness issued or
guaranteed by a United States Government agency, provided such obligations are
backed by the full faith and credit of the United States Government.
1. United States Export- Import Bank (direct obligations or fully guaranteed certificates
of beneficial ownership)
2. Farm Services Agency (FSA)
0
AGENDA ITEM # 6A
OCTOBER 24, 2011
3. General Services Administration Participation Certificates (GSA)
4. Government National Mortgage Association (GNMA)
5. Small Business Administration (SBA)
6. Maritime Administration
A maximum of 50% of available funds may be invested in U.S. Government Agencies.
The decision to invest in one or more U.S. Government Agencies will be based on
current market conditions, individual bond inventory available, and competitive
investment yields.
The maximum length to maturity of any direct investment in U.S. Government Agencies
is 10 years on the date of purchase.
F. U.S. Government Sponsored Enterprises
Invest in bonds, debentures, notes or other evidence of indebtedness issued or
guaranteed by a United States Government agency (Federal Instrumentalities) which are
non -full faith and credit agencies limited to the following:
1. Federal Farm Credit Bank (FFCB)
2. Federal Home Loan Bank or its district banks (FHLB)
3. Federal National Mortgage Association (FNMA)
4. Federal Home Loan Mortgage Association (FHLMA)([Freddie Macs] including Federal
Home Loan Mortgage Corporation participation certificates)
A maximum of 50% of available funds may be invested in U.S. Government Sponsored
Enterprises The decision to invest in one or more U.S. Government Sponsored
Enterprises will be based on current market conditions, individual bond inventory
available, and competitive investment yields.
The maximum length to maturity of any direct investment in U.S. Government
Sponsored Enterprises is 10 years on the date of purchase.
G. Corporate Notes and Bonds
Invest in corporate notes and bonds issued by corporations organized and operating
within the Unites States or by depository institutions licensed by the Unites States that
have a long -term debt rating at the time of purchase of investment grade by a
nationally recognized rating agency.
A maximum of 50% of available funds may be invested in corporate notes and bonds,
with no more than 5% of available funds invested in any individual issuer.
The maximum length to maturity of any direct investment in corporate notes and bonds
5
AGENDA ITEM # 6A
OCTOBER 24, 2011
is 10 years on the date of purchase.
H. Government \Corporate Fixed Income Mutual Funds
Invest in fixed income mutual funds as defined by the SEC; which primarily invest in
instruments as authorized for types A — G above. It is recognized that fixed income
mutual funds are governed by a prospectus. Decisions regarding the duration, maturity,
credit quality, and security selection are the responsibility of the fund's portfolio
manager and may be different from the individual authorized investments in this policy.
A maximum of 80% of available funds may be invested in fixed income mutual funds,
with no more than 25% of available funds invested in any individual issuer.
I. Local Government Investment Pools
Invest in a state or local government authorized pooled investment fund that operates
like a mutual fund for the exclusive benefit of the governments within the state. Local
government investment pools may be state sponsored pools or set up through
intergovernmental agreements known as "joint powers" agreements.
A maximum of 20% of available funds may be invested in local government investment
pools with no more than 10% of available funds invested in any individual issuer.
VIII. INVESTMENT MATURITY
To the extent possible, an attempt will be made to match investment maturities with known
cash needs and anticipated cash flow requirements of the City. *h- °`r'' QRkA
IX. RISK AND DIVERSIFICATION
Assets held should be diversified to control the risk of loss resulting from over investing in
specific instruments or individual financial institutions. Diversification strategies within the
established guidelines shall be reviewed and revised periodically, as necessary, by the
appropriate management staff. TL.. f o il -- F i Ra ta r„ „r,...,.._,.,. `6,gc
AGENDA ITEM # 6A
OCTOBER 24, 2011
X. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS
The Finance Director shall only purchase securities from financial institutions which are
qualified as public depositories of the State of Florida as identified by the Treasurer of the
State of Florida or dealers designated as "Primary Securities Dealers" by the Federal Reserve
Bank of New York, for purchases and sales of securities. The firm must have a minimum of
$500 million in annual underwriting of U.S. Government Agency Securities or
Instrumentalities for the previous calendar year. The firm must have capital of no less than
$10,000,000.
Bond funds subject to arbitrage rebate shall be invested in accordance with specific bond
covenants.
XI. THIRD PARTY CUSTODIAL AGREEMENTS
The Finance Director may execute a third party Custodial Safekeeping Agreement with a
financial institution which is
chartered by the United States Government or the State of Florida. All securities purchased
and /or collateral obtained by the City shall be properly designated as an asset of the City
and held in safekeeping by the financial institution or its
agent, and no withdrawal of such securities, in whole or in part, shall be made from
safekeeping, except by an authorized City staff member.
The third party Custodial Safekeeping Agreement shall include letters of authority from the
City with details as to responsibilities of parties, notification of security purchases, sales,
delivery, repurchase agreements, wire transfers, safekeeping and transaction costs,
7
AGENDA ITEM # 6A
OCTOBER 24, 2011
procedures in case of wire failure or other unforeseen mishaps, including liability of each
party.
XII. BID REQUIREMENTS
When feasible and appropriate, investment purchases will be competitively bid. A minimum
of three (3) banks and /or dealers must be contacted and asked to provide bids on securities
in question. Bids will be held in confidence until the best bid is determined and awarded. As
an alternative investments may be purchased utilizing the comparison to current mar
price method from sources that provide current market prices, i.e. Bloomberg, or ot her
similar industry providers.
XII1. INTERNAL CONTROLS
The Finance Director shall establish and monitor a set of internal controls designed to
prevent loss of funds by fraud, employee error, misrepresentation by third parties, or
imprudent actions by employees of the City and ensure proper accounting and reporting of
the securities transactions. Such internal controls, shall include, but not be limited to, the
following:
A. All securities purchased or sold will be transferred only under the "deliver versus
payment" (D.V.P.) method to ensure that funds or securities are not released until all
criteria relating to the specific transaction are met;
B. The Finance Director is authorized to accept, on behalf of and in the name of the City of
Atlantic Beach, bank trust receipts or confirmations as evidence of actual delivery of the
obligations or securities in return for investment of funds;
C. Trust receipts or confirmations shall fully describe the various obligations or securities
held, and the receipt or confirmation shall state that the investment is held in the name
of the City of Atlantic Beach;
D. The actual obligations, or securities, whether in book entry or physical form, on which
trust receipts or confirmations are issued, may be held by a third party custodial bank
and /or institution or a designated correspondent bank which has a correspondent
relationship to the City's third party custodian; and,
E. Other internal controls such as:
1. Written documentation of telephone or e-mail communications;
2. Adequate segregation of duties;
3. Custodial safekeeping;
4. Supervisory control of employee actions and operations review;
9
AGENDA ITEM # 6A
OCTOBER 24, 2011
5. Performance evaluations and interim reporting;
6. Requirement of dual signatures on all investment transactions from two of the
following authorized personnel:
Finance Director
City Manager
City Clerk
7. Staff in the Finance Department reconciles the City's general depository account on
a monthly basis.
8. Independent auditors as a normal part of the annual financial audit to the City shall
conduct a review of the system of internal controls to ensure compliance with
policies and procedures.
XIV. CONTINUING EDUCATION
The Finance Director and appropriate staff shall annually complete eight (8) hours of
continuing education in subjects or courses of study related to investment practices and
products.
XV. ETHICS AND CONFLICTS OF INTEREST
The City's staff involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program, or which could
impair their ability to make impartial investment decisions. Also, employees involved in the
investment process shall disclose to the City any material financial interests in financial
institutions that conduct business with the City, and they shall further disclose any material
personal financial /investment positions that could be related to the performance of the
City's investment program.
XVI. DERIVATIVES AND REVERSE REAURCHASE AGREEMENTS
Investment in any derivative products or the use of reverse repurchase agreements is not
permitted. A "derivative" is defined as a financial instrument, the value of which depends
on, or is derived from, the value of one or more underlying assets or indices or asset values.
9
AGENDA ITEM # 8A
OCTOBER 24, 201 I
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for a Waiver from City Code Section 19 -7 Driveway Limitations to
Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage.
SUBMITTED BY: Rick Carper, P.E.,
Public Works Director
DATE: October 17, 2011
BACKGROUND: Applicant proposes to replace their existing driveway at 2248
Barefoot Trace with pavers and to create a circular driveway. The lot frontage is 90 feet.
City Code Section 19 -7 contains the following requirements for circular driveways
(emphasis added):
(f) Maximum driveway width at the property line and through the right -of -way shall be
20 feet. Maximum driveway width for circular drives shall be 12 feet, and circular drives shall only
be permitted on lots having at least 100 foot frontage.
The applicant proposes to remove the existing driveway to make a circular drive (see
Attachment 2). Estimated impervious surface coverage of the right of way with the new
driveway is less than 30 %. Limit per City Code Section 19 -7 is 50 %.
BUDGET: No budget issues.
RECOMMENDATION: Consider approval of requested waiver to the City Code Section 19 -7
requirements.
ATTACHMENTS: 1) Waiver Application for 2248 Barefoot Trace
2) Proposed Driveway Plan
3) Approval letter from Oceanwalk Homeowners Association
Reviewed by
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AGENDA ITEM # 8A
OCTOBER 24, 2011
To: Bob and J.R. Sternfeld
From: Theo K. Mitchelson Jr.
Re: - 2248 Barefoot Trace, Atlantic Beach, FL 32233
Hi V all,
I am pleased to share with you that your request regarding "change of shape and
replacement of your driveway with pavers ", has been approved as submitted, (05/31/11).
I know you are eager to proceed. Please feel free to do so.
Upon completion, please snap a photo of the completed project and provide it to us for
your approval file. If you have any questions, please do not hesitate to give me a holler.
(.1ceanz Asociati®, Inc.
P0. Box 3311 Atlantic h' 'ark F1-32233 -1188 2233 -1188
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AGENDA ITEM # 8C
OCTOBER 24, 2011
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AGENDA ITEM # 8D
OCTOBER 24, 2011
Prepared by and when recorded
Return to:
Lawrence V. Ansbacher, Esq.
Ansbacher & Schneider, P.A.5150 Belfort Road, Building 100
Jacksonville, Florida 32256
EASEMENT
Grantor's name and address is:
City of Atlantic Beach, a municipal corporation
800 Seminole Road
Atlantic Beach, FL 32233
2. Grantee's name and address is:
Laura Plaza, Inc.
A Florida corporation
7880 Gate Parkway, Suite 300
Jacksonville, FL 32255
The terms Grantor and Grantee shall be non - gender specific, singular or plural, as the context permits or
requires, and include heirs, personal representatives, successors or assigns where applicable and
permitted.
3. Property being subjected to easement (the "Easement Property ") is described as set forth on
Exhibit A attached hereto.
4. Property being benefited by the easement (the "Benefited Property ") is described as set forth on
Exhibit B attached hereto.
5. Good and valuable consideration plus the sum of Ten Dollars ($10.00), Grantor conveys to
Grantee, for the use and benefit of the Benefited Property, an easement on the Easement
Property.
6. The easement conveyed herein shall be to permit all uses and improvement(s) as existing the
date hereof to continue until such time as the said improvement(s) have been destroyed or
demolished.
7. This easement shall be construed as covenants running with the land and shall be binding on and
shall inure to the benefit of the parties hereto, their heirs, successors or assigns.
8. Grantee and its heirs, successors and assigns shall indemnify and hold the Grantor harmless
from any and all claims of any nature whatsoever resulting from their use of the Easement
Property which is the subject matter of this easement.
9. This easement has been approved by a majority vote of the City Commission at its meeting held
on __, 2011.
030518.D.02 Easement with City re Encroachments
Last printed 10/17120114:26 PM
AGENDA ITEM # 8D
OCTOBER 24, 2011
Executed at as of 2011.
IN WITNESS WHEREOF, this instrument has been executed by the Grantor as above written.
1 Witness: City of Atlantic Beach, a municipal
Print Name: corporation
2" Witness: By:
Print Name: ............................
Print Name: _ Title: City Manager
Attested:
By:
Print Name: ...............................
Title: City Clerk of Atlantic Beach
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2011 by
, the City Manager and as Clerk both
of the City of Atlantic Beach, a municipal corporation, on behalf of the corporation( ) who are all personally
known to me or ( ) who have produced (Florida Driver's License) as
identification.
Notary Public, State of
My Commission Expires
AGENDA ITEM # 8D
OCTOBER 24, 2011
Exhibit A
A PORTION OF STURDIVANT AVENUE (A 50 FOOT RIGHT OF WAM FORIAERLY LAKEVIEW
AVC•NUE, ,S SI-IOVo°N ON "rI-rE PLAT OF SALTAIR, SrCTION NO. 3. AS RECORDED IN PLAT BOOK 10,
PAvB 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, fLORTDA. BEING MORI?
PARTICULARLY DESCRIBED AS FOLLOWS'
FOR A POINT OF RBFERENICE COMLMENCE A F' "i'[ ii; NORTHWESTERLY CORNER OF LOT 839, SAID
SALTAIR, sucriON NO. 3 ANb RUN NORTH 69' 34' 33" EAST. ALONG THE NORTHERLY LINE OF
SAID . LOT 838 (ALSO N E
AVENUE), A FIST OF 0 3 FEET TO THE DACE OF AN EXISTING BUILD NG FOR Tile IN
A1 T OF
13ToCTNNIN0.
FROlvI THE POINT OF BEGINNING THUS ] DESCRIBED RUN NORTH 00° 23' 30" WEST, ALONG SATO
11JILDING, A DISTANCE OF 0.5 FL•ET TO AN ANGLE IN SAID BUILDING; THENCE NORTH 89" 39
EAST, CONTINUING ALONG SAID FACE Of AN ExISTING BUILDING, A DISTANCE OF 150.1 PEET TO
AN ANGLE IN SAID MIDI- O1ta0, THFNCE SOUTI$ 00" 22' 25" BAST, CONTINUINO ALONG SAID
BUILDING, A DISTANCE OF 0.3 FEET TO A POINT ON SAID SOUTHERLY RIOHT OF W. LINE OF
STQRDIVAN•r Ave, IUC; THENCE SOUT14 89° 34'33" ZV1L•ST. ALONO LAST SAID SOUTKEnY RIGHT
OF WAY LINF, (ALSO BEINO THE NORTHERLY LINE OF LOTS 840, 339. AND 93a OF SAID SALTAIR
SECTION NO. 3), A DISTANCE OF 150.1 FEL•'T TO TI4E POINT OF BEGTNNING.
AGENDA ITEM # 8D
OCTOBER 24, 2011
t K, i[ wl3
LOTS 810 THROUGH 818 AND LOTS 838
THROUGH 840 AS SHOWN ON MAP OF
SALTAIR, SECTION NO. 3, RECORDED IN PLAT
BOOK 10, PAGE 18 OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA
AGENDA ITEM # 8D
OCTOBER 24, 2011
FROM
(TUE) OCT 4 2011 17:OOIST. If:59 /No.751 :980926; P 2
GLARSON & ASSOCIATES, INC.
PROireSsMNAL SURVEYORS AND MAPPtrRS
16343 NALGO AVENV3� F AX ' : $96.2.523
FAX' $9 6'$63 3
JACKSONVILLE, rt-olI 10A $27.07
O CTOBER 4, 2011
LEGA T3 - C 1Ix T X0"29 ()F B'U t y 'TC� FN OIt UACT 1viEt`7 S fi T
;Q. 5 TIC J 'UI ELI rat t ?_,,r1 r 'U,AATT C 15P C 1~LOTT 1.:
LA CSI i_
A PORTION Of STURDIVANT AVIRNUE (A 50 FOOT RIGHT OF WAY) rO%' iERLX Lf1ICE��fEW
?Yti< (1E-, 1S SNOB i Cis j Tl ti~ T'I.�.T CAF 5t,LTAIR, SECTION 2�0 3, AS RBCORDED IN PLAT' BOO 10,
PROF, .1G OF THE QUIzRrNT 1 ?UBLIC 1,V-CORDS OT DUVAL COUNTY, FL012It7A. 13ELNG NfORIr
PARTICULARLY 0B5CRI5wD A$ FOLLOWS:
roR A POINT Or Ri MNICE COMMENCE Xl' '11°IC NORTH,'W ESTBRLY RI [p, OP LOT 538, SAID
, SECTION NO, 3 AND RtiI NORTH V0 34' 33" EAST, ALOI�Ci i'I - NQRTHI;RLY LZ?vIa OF
SAID LOT Sa (ALSO) MNG THE SOUMZI k.Y RTG}IT OF WAY LINE OC SAID STURDIV&N' T
AE•'F,NUE), A DISTANCE OF 0.3 FtFT TO THE FACE OF AN EXISTING fiUiLDING FOR THE POINT OF
III -GNU ING.
FROM THE t OiI\T OF TI IUS DESCRIBal) RUN N IORTI'I 00 23' 30" WEST, ALONG SAID
BUILDING, A DISTANCE OF 0,5 FUT TO AN ANGLE IN SAID BUILDING; THENCE NORTH 99" 39'50"
;;AST, CONTINUING ALONG SAID FACE Or AN E- ,%jSTING BUILDING, .A DISTANCE OF 15011 MEET TO
AN ANGLE IN SAIt )~liILDiNO; T1iINCR SOUTH 00 22' 25" FAST, CONTINUING ALQN0 SAtD
%RLDING, A DISTANCE- OF 0.3 FEET TO A FOINT ON SAID 5nUTHE.RLY RIGHT Or WAY LIME OF
STURDIVANT A1,'ENUI:; TMNi CE SOUTH 89" 34' 33" WEST, ALONG LAST SAID SouTHERLY RIGHT
OI' AIAY LINF, (ALSO 1; rING THI3 NORTHERLY LINE Of LOTS 340, $39, AND 833 OF SAID SALT AIR
SECTION NCB. 3�, A I�I;�TA.NCB QF ?50,1 I~L%ET TCl THE F01`�T OF B1CiINNINU`.
LA 2
A PORTION 0 LOT 841 A- S SHOWN ON TI TI_ PI,AT OF SALTAIR, $PZrION IBC?, 3, AS RECO.CW)ED IN
PLAT BOOK 10, PA,GE 16 OF TITS CURRENT PUBLIC RECORDS OF DUVAL COUNT', FLORIDA, BEING
j PARTICULARLY DESCMDED AS FOLLOWS-
FOR A POINT OF ZROTNI NTNO COhNI IENCE AT TITE SOlJT'rI %tiES`.C'I_KLY CO&NEF, OF .S.AJD LOT 591
AN17 XUNI NORTH 00� 24' 16" NYMST, ALONG THS W STFRLY LINE Or SAID LOT $41 (ALSO BIy1NO
7)4F. r./\S'FF.RLY LINT; OF LOT 840, OF S ATD $ALTA(R, SECTION NO, 3), A DIST,ANj C S OF 0.2 FEET TO A
POINT ON THE FACE OF AN E 1, BUILDING TI IFN(M NORTH 89° 39'32" EAST, ALONG SA)D
I IJILDW\0, A DISTANCE OF 20,6 FEET TO : IN ANGLE POINT IN SAID �UILDIUNG; THENCE SOUTH 00'
t {` ,sj" -AST, GONTI�IUtNG ALOE IC; SAID FACE OF AN EXISTIf4a B+- [ ILDINO, A. I)TITANCE, OF 0,2
FEET TO A POINT ON THF, SOUT(lF -RL)' LINT; OF SKID LG''I' 89'1, THENCE SOUT[I 89' 30' 14" ` , XrrST,
ALONG L tNs SAID SC.tiU'TI-ICRLY LINE- (AI,SQ BEING THE NORTHERLY LIME OF LOT 616, OF SA(i)
SALTAIR, SECTIC'IR N'Cl. 3),A DISTANCE OF 10.6 FELT TO THE FOINTT OF BEGANNINO3.
AGENDA ITEM # 8D
OCTOBER 24, 201 I
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AGENDA ITEM # 8E
OCTOBER 24, 201 I
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Responsibility for Maintenance of Atlantic Blvd. Medians
SUBMITTED BY: Jim Hanson, City Mana
DATE: October 12, 2011
BACKGROUND: At a recent City Commission meeting, staff was asked for a report on the
cost to maintain the medians on Atlantic Boulevard. The question was
raised in the context of determining if the City of Neptune Beach should
be sharing in the cost of that maintenance.
The City of Atlantic Beach's cost to maintain the landscaping on the
Atlantic Boulevard medians between Third Street and the Mayport
Flyover equals approximately $37,320 per year. About $21,500 of that is
paid to a maintenance contractor. Approximately $10,800 is spent for
irrigation, approximately $2,200 for palm tree trimming and the rest is for
miscellaneous repairs and replacement plants. The Florida Department of
Transportation (FDOT) reimburses Atlantic Beach about $18,000 per year
for the cost of maintenance for of the right -of -ways on Atlantic Blvd. but
most of that is offset by other city costs for street sweeping and litter pick
up by city employees.
The City of Atlantic Beach entered into an Agreement on January 10,
1997 with the FDOT allowing for the installation of trees and other
landscaping with the condition that Atlantic Beach agreed to maintain the
landscaping including watering, fertilization, mowing, trimming and
control of litter. A copy of that Agreement is attached.
There are a few citations in the minutes of City Commission meetings
leading up to the execution of this Agreement in 1997 about meeting with
Neptune Beach officials to discuss the maintenance of the median
landscaping. However, there was no indication in the minutes that an
Agreement was ever reached.
Jim Jarboe was the City Manager of Atlantic Beach at that time and recalls
that the City of Neptune Beach was unwilling to fund any portion of the
cost of the maintenance on the project that was being proposed by the City
of Atlantic Beach. Neptune Beach did agree to pay $25,000 toward the
cost on concrete curbs related to the project per a resolution adopted by
AGENDA ITEM # 8E
OCTOBER 24, 2011
their City Council on April 7, 1997. Because the Agreement in January of
1997 did not include Neptune Beach as a party, it can only be assumed
that there was no Agreement reached for Neptune Beach to participate in
the maintenance costs at that time.
RECOMMENDATION: This report is being made at the request of the City Commission. No
recommendation is being made.
BUDGET: No budget impact is proposed from this staff report.
ATTACHMENT: (1) Agreement with the Florida Department of Transportation dated
January 10, 1997.
AGENDA ITEM # 8E
OCTOBER 24, 2011
agrees to :
(a) Properly water and fertilize all plants, keeping them as free as practicable
from disease and harmful insects;
(b) Properly mulch plant beds;
(c) Keep the premises free of weeds;
(d) Mow and/or cut the grass to the proper length;
(e) Properly prune all plants which responsibility includes (i) moving dead or
deceased parts of plants or (ii) pruning such parts thereof which present a visible hazard
for those using the roadway; and
(f) Remove or replace dead or diseased plants in their entirety, or remove or
replace those plants that fall below original Project Standards.
The agrees to repair, remove or replace at its own expense all or part of the Project
that falls below Project Standards caused by the City 's failure to maintain the same in
accordance with the provisions of this paragraph. In the event any part or parts of the
Project, including plants, have to be removed and replaced for whatever reason, then they
shall be replaced by parts of the same grade, size, and specification as provided in the
original plans for the Project. Furthermore, the Cit agrees to keep litter removed
from the Project Highway.
2. Maintenance of the Project shall be subject to periodic inspections by the
Department. In the event that any of the aforementioned responsibilities are not carried
out or are otherwise determined by the Department to be not in conformance with the
applicable Project standards, the Department, in addition to its right of termination under
Paragraph 4(a), may at its option perform any necessary maintenance without need of any
prior notice and charge the cost thereof to the City ,
3. It is understood between the parties hereto that any or all of the Project may
be removed, relocated or adjusted at any time in the future as determined to be necessary
by the Department in order that the adjacent state road be widened, altered or otherwise
changed to meet with the future criteria or planning of the Department. The Cites shall
be given notice regarding such removal, relocation or adjustment and shall be allowed
sixty (60) days to remove all or part of the Project at its own cost. The Cam- will own
that part of the Project it removed. After the sixty (60) day removal period, the
Department will become the owner of the unremoved portion of the Project and the
Department then may remove, relocate or adjust the Project as it deems best, with the _
AGENDA ITEM # 8E
OCTOBER 24, 20l I
Cites being responsible for the cost incurred for the removal of the Project.
4. This Agreement may be terminated under any one of the following
conditions:
(a) By the Department, if the C— i ' — fails to perform its duties under
this Agreement following fifteen (15) days written notice.
(b) By either party following sixty (60) calendar days written notice.
5. In the event this Agreement is terminated in accordance with Paragraph 4,
the City% shall have sixty (60) days after the date upon which this Agreement is
effectively terminated to remove all or part of the remaining Project at its own cost and
expense. The �C1 will own that part of the Project it removed. After the sixty (60)
day removal period portion of the Project, the Department then may take any action with
the Project Highway or all or part of the Project it deems best, with the Cif being
responsible for any removal costs incurred.
6. Subject to Section 768.28, Florida Statutes, the City covenants and
agrees that it will indemnify and hold harmless the Department and all of the
Department's officers, agents and employees from any claim, loss, damage, rent, charge
or expense arising out of any act, action, neglect or omission by the City during the
performance of the Agreement, whether direct or indirect, and whether to any person or
property to which Department or said parties may be subject, except that neither the City
nor any of its subcontractors will be liable under this paragraph for damages arising out
of injury or damage to persons or property directly caused or resulting from the sole
negligence of Department or any of its officers, agents or employees.
7. This Agreement embodies the entire agreement and understanding between
the parties hereto and there are no other agreements or understandings, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded
hereby.
8. This Agreement may not be assigned or transferred by the CitX in
whole or in part without consent of the Department.
9. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
10. All notices, demands, requests or other instruments shall be given by
depositing the same in the U. S. Mail, postage prepaid, registered or certified with return
receipt requested, or by telex or telegram:
AGENDA ITEM # 8E
OCTOBER 24, 2011
(a) If to the Department, addressed to:
605 Suwannee Street, MS -37
Tallahassee, Florida 32399
or at such other address as the Department may from time to time designate by written
notice to the City ; and
(b) I£ to the City , addressed to:
800 Seminole Road
Atlantic Beach, Florida 32233,
or at such other address as the City may from time to time designate by written
notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all such
notices, demands, requests and other instruments.
IN WITNESS WHEREOF, the parries hereto have caused these presents to be
executed the day and year first above written.
Department Approval
as to Date, Form and
Legality
Department Approval
as to Date, Form and
Legality
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ffim
District Secretary
ATTEST: (SEAL)
Executive Secretary
614 a I
A Political Subdivision of the
State of F1
-----
Bv. ✓ . ter
ATTEST: CttkP SEAL
AGENDA ITEM # 8F
OCTOBER 24, 2011
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Report on Maintenance for Town Center
SUBMITTED BY: Jim Hanson C'
DATE: October 12, 2011
BACKGROUND: Staff was requested to prepare a report on past Agreements relating to
construction of improvements and maintenance in the Town Center area with
specific reference to whether or not the Town Center Agency (TCA) has any
financial responsibility for continuing maintenance.
Since the completion of the major project for public improvements was
completed in 2000, the Cities of Atlantic Beach and Neptune Beach have
split the maintenance costs for Town Center pursuant to an Agreement
approved by the Atlantic Beach City Commission on September 25, 2000.
This Agreement was required as a condition of a 1998 Interlocal Agreement
that outlined the responsibilities of various signors for the Town Center
improvement project.
References to maintenance responsibility of the TCA were included in
various agreements in 1993 and 1996 and in the minutes of Commission
meetings during that timeframe. These references indicated the intent for the
TCA to pay for maintenance from the sale of bricks and/ or from revenues
resulting from the annual Dancin In The Streets Festival. Once the larger
project for improvements in the Town Center area, as described in the 1998
Agreement, was begun, there were no further references to a responsibility of
the TCA for maintenance that staff can find.
A chronological history of the related documents follows;
April 27, 1992 Resolution 92 -10 was approved by the City
Commission. It granted permission to the Town Center Organization
to "construct or install improvements" on Atlantic Blvd. between 3rd
St. and the ocean and indicated that the Town Center Organization
"agrees to provide continuing maintenance of all landscaping materials
placed in conjunction with said construction and installation."
- April 26, 1993 Report made by Alan Jensen at the City Commission
meeting about a proposed Interlocal Agreement that would change the
parking configuration, provide landscaping and brick sidewalks that
would be paid for by the sale of bricks.
AGENDA ITEM # 8F
OCTOBER 24, 2011
May 10, 1993 Atlantic Beach City Commission authorizes the Mayor
to sign an Interlocal Agreement which commits funding from Atlantic
Beach and Neptune Beach in the amount of $25,000 each and states
"Town Center shall coordinate the planting, construction and
maintenance of the tree lined avenue and brick patio. Signatories to
this Agreement were to include the City of Atlantic Beach, City of
Neptune Beach, Town Center Agency, as well as the Sea Turtle and
Sea Horse Hotels. Atlantic Beach does not have a signed copy of this
Agreement in our files, although a draft was located.
March 26, 1996 The City Commission authorized the Mayor to
execute another Interlocal Agreement between the City of Atlantic
Beach, City of Neptune Beach, Jacksonville and the Town Center
Agency which included funding from Atlantic Beach in the amount of
$25,000. This Agreement indicated that it would be the Town Center
Agency's responsibility for "maintenance of all landscaping in Town
Center Park to include weeding, trimming of hedges, upkeep of
flowering beds, and annual trimming of trees... regular maintenance of
benches and trash receptacles and replacement of fixtures on
streetlights if they should become damaged beyond repair." Again, the
City did not receive a signed copy of this Agreement although a draft
is attached.
- July 27, 1998 Minutes of the City Commission meeting indicate a
discussion was held about the willingness of the Cities of Atlantic
Beach and Neptune Beach to participate in the care and maintenance
of the Town Center area.
November 9, 1998 Atlantic Beach Mayor was authorized to sign a
four party agreement with the Cities of Jacksonville and Neptune
Beach as well as the Town Center Agency for streetscape
improvements in Town Center. This Agreement was signed on
December 15, 1998 and outlined a project expected to cost $725,000
and consist of road and streetscape improvements along portions of
Atlantic Boulevard, First Street and Ocean Street. Paragraph 5.8 of
that Agreement states "that prior to project completion and expiration
of contractors warranty period, a separate Tri -Party Agreement
between Atlantic Beach, Neptune Beach and the City of Jacksonville,
acceptable to all three parties, shall be executed which clearly defines
each cities maintenance responsibilities for the public improvements
constructed hereunder."
September 25, 2000 City Commission authorizes execution of an
Agreement with Cities of Jacksonville and Neptune Beach for
maintenance of the Town Center improvements. A staff report
reviewed at that meeting indicated that the contract maintenance costs
related to that Agreement would be $46,272 per year. That Agreement
was signed on December 15, 2000.
AGENDA ITEM # 8F
OCTOBER 24, 2011
RECOMMENDATION: No recommendation is being made. This report is made at the request of the
Commission for information.
BUDGET: No budget changes are proposed.
ATTACHMENTS: 1) Resolution 92 -10 signed on April 27, 1992
2) Minutes of City Commission Meeting of April 26, 1993
3) Minutes of City Commission Meeting of May 10, 1993
4) Draft of Agreement approved by Commission on May 10, 1993. This was
transmitted with a letter from Kim Leinbach dated April 8, 1993.
5) Minutes of City Commission Meeting on March 26, 1996
6) Interlocal Agreement approved by the City Commission on March 26, 1996
7) Minutes of Commission Meeting on November 9, 1998
8) A signed Interlocal Agreement dated December 15, 1998
9) Staff Report dated September 15, 2000
10) Minutes of City Commission Meeting of September 25, 2000
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AGENDA ITEM # 8F
OCTOBER 24, 2011
PASSED BY THE CITY COMMISSION ON :
ATTEST':
Maureen K f9 - tY erK
Appr ved as. - t - .0 �Qrm and Correctness:
an C en , Esquire
City A trey
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AGENDA ITEM # 8F
OCTOBER 24, 2011
INTERLOCAL A FOR CRZATING
TOWN CENTER BETHEMI THIRD STREET
AND THE ATLANTIC OCEAN
THIS AGREEMENT made and entered into in quintuplicate this
day of March, 1993, by and between Atlantic Beach, a
Political subdivision in the State of Florida, hereinafter
referred to as "Atlantic ", Neptune Beach, a municipal corporation
existing under the laws of the State of Florida, hereafter
referred to as "Neptune ", The Sea Turtle Inn, a corporation
existing under the laws of the State of Florida, hereafter
referred to as "Sea Turtle ", The Sea Horne Motel, a Florida
corporation, hereafter referred to as "Sea Horse ", and The Town
Center Agency, Inc. a corporation not for profit, hereafter
referred to as "Town Center ".
WI
WHEREAS, the Town Center presently is engaged in the
planning of the creation and establishment of a Beaches Community
Town Center featuring a tree lined avenue and brick patio on the
north and south sides of Atlantic Boulevard from Third Street to
the Atlantic Ocean; and
WHERE]►6, the Town Center plane to create streets which will
enhance " compati-"ility of vehicles and pedestrians by clearly
defined parking areas and places for pedestrians to sit and enjoy
the beauty of the surrounding area; and
WHEREAS, Sea Turtle and Sea Horse plan to improve and
advertise their convention facilities so as to induce more
community residents and others to visit the area and develop a
1
AGENDA ITEM # 8F
OCTOBER 24, 2011
ordinances and state law applicable to Atlantic and Neptune. In
providing services set forth in this Agreement, Town Center will
be acting in the capacity of an independent contractor and not as
an agent, employee, partner, joint venture, or associate of
Atlantic Neptune, Sea Turtle or Sea Horse.
Section 3. Fiscal year officers to administer this
Agreement.
Each party to this Agreement shall be entitled to one vote
and they shall establish a fiscal year for accounting and
budgetary purposes. Adopt a budget for expenditures of funds
provided through and under this Agreement. Sea Turtle, Sea Horse
and Town Center shall make contribution to the fund through their
own sources or from other sources. The parties shall act
diligently and resourceful in obtaining permits and funds from
the Consolidated City of Jacksonville to assist in construction
and maintenance of the facilities to be constructed under this
Agreement.
Section 4. Sea Tuxtla and Sea Morse respoggibilities.
Sea Turtle and Sea Horse shall make improvements to its
facilities from time to time which will be compatible with and
complement the pocket park to be constructed under this
Agreement. Each will devote funds, energy and time toward
improving the quality of life of persons visiting the area.
Section 5. Liability of partite.
Neither party to this Agreement shall be deemed to assume
any liability for the acts, omissions or negligence of the other
3
AGENDA ITEM # 8F
OCTOBER 24, 2011
party. Additionally, the party performing any service provided
for herein shall not be responsible for the payment of salary,
wages or other compensation or entitlement to the other party's
officers, agents or employees.
section 6. Effective Date.
This Agreement shall take effect on October 1, 1993, and
shall expire midnight, September 30, 1994. This Agreement shall
automatically extend for successive additional one (1) year
periods unless and until either party shall give notice to the
other parties of its desire to terminate this Agreement not less
than sixty (60) days prior to the expiration of the primary term
or of any extended term.
section 7. Disposition of property.
At the expiration of this Agreement, all equipment and
property shall become the property of the respective party which
has title to such property at the time this Agreement is
executed. Any property jointly owned at the time of the
execution of this Agreement shall continue to be jointly owned,
and any equipment or property acquired with the joint funds of
the parties during the term of this Agreement shall be owned
jointly by the parties, with each party's interest of ownership
therein being equal to its respective percentage of participation
in effect when the equipment was purchased. Any property
purchased by either party during the term of this Agreement
solely from its own funds, and not titled jointly, shall remain
the property of the purchasing party.
4
AGENDA ITEM # 8F
OCTOBER 24, 2011
Section 8. Miscellaneous.
(a) This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original, and all of
which shall constitute but one and the same instrument.
(b) In the event of any provision'of this Agreement shall be
held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render
unenforceable any other provisions hereunder.
(c) This Agreement is made and entered into under and shall
be construed in accordance with the laws of the State of Florida.
(d) Town Center, upon execution of this Agreement, shall
file the original thereof, in the public records of Duval County,
as required by Section 163.01(12), Florida Statutes.
(e) All notices, certificates or other communications
hereunder shall be sufficiently given and shall be deemed given
or mailed by registered or certified mail, postage prepaid,
addressed as follows:
Atlantic Beach
City Manager
800 Seminole Road
Atlantic Beach, Florida 32233
With a copy to:
Mayor
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Neptune Beach
City Manager
1517 Atlantic Boulevard
Neptune Beach, Florida 32266
5
AGENDA ITEM # 8F
OCTOBER 24, 2011
AGENDA ITEM # 8F
OCTOBER 24, 2011
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AGENDA ITEM # 8F
OCTOBER 24, 2011
Minutes - Page 8
March 26, 1996
NAME OF
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The Mayor reviewed the proposed agreement and summarized the
responsibilities of each party.
MESERVE
X
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Motion: Authorize execution of Interlocal Agreement with the
REED
X
City of Neptune Beach, City of Jacksonville and Town Center
ROSENBLOOM
X
Agency, Inc.
SHAUGHNESSY
X
X
FLETCHER
X
No discussion before the vote. The motion carried unanimously.
_
MESERVE
X
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Motion: Approve funding of $25,000.00 in the 1996/97 budget
REED
X
for the Town Center project
ROSENBLOOM
X
SHAUGHNESSY
X
X
In discussion the City Manager pointed out Convention Development Tax funds
FLETCHER
X
could be used for this - purpose. The motion carried unanimously.
9. Authorize execution of contract with England, Thims & Miller for
engineering services in connection with stormwater, water, sewer
and paving project from First Street to Saturiba Drive
This item was acted upon earlier in the evening.
With reference to Agenda Item No. 4, the City Manager requested
authorization to waive the bid process and seek quotes so that he could move
ahead with the installation of the lights.
MF.gF.RVR
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AGENDA ITEM # 8F
OCTOBER 24, 2011
Safety and Security: Regular and routine police patrol and protection of
Town Center Park to insure safety and to prevent vandalism. Any
vandalism noted to the facilities shall be reported to the Town Center
Agency.
Traffic violations: Regular and routine police patrol of the area for illegally
parked cars on the access and roundabout as well as the sidewalk. Police
patrol should increase in the evening hours and during weekends, especially
at night.
Infrastructure: Town Center Agency shall be notified of any infrastructure
work or repairs being done in Town Center Park. Any asphalt, brick, or
planting materials, as well as curbing, or site fixtures which must be
disturbed or moved in any way shall be replaced or repaired to their original
condition, to include but not be limited to replanting or replacing shrubs
and /or flowers if necessary, and rebricking of sidewalk and /or roundabout to
their original condition.
Infrastructure is defined throughout this agreement as any underground
piping or wiring for any and all utilities, water, sewer, electric, gas,
telephone, cable etc.
Shower: Maintain and repair shower and water fountain and plumbing to
shower as needed.
Maintenance check: The City of Neptune Beach shall make regular and
routine checks for maintenance problems in Town Center Park and report
any problems for which Town Center Agency is responsible to the Board
representative of the Town Center Agency, Inc. The City of Neptune Beach
is responsible for repairs and maintenance to infrastructure and curbing, on
the south side of Town Center Park (from the midline of the street south).
This includes replacing or repairing curbing.
Town Center Representative: A representative from the City shall attend at
Ieast two Town Center Board Meetings per year. The Representative shall
act as a liaison between the City and Board regarding maintenance, special
events, and other concerns.
City of Atlantic Beach shall provide the following:
EIectricity: Electrical service to Town Center Park .
Trash Pick -up: Routine trash pick -up for all trash receptacles on the north
side of Town Center Park. City shall also routinely pick up litter fTOm the
area and keep sidewalks clear of debris.
Lighting: Maintenance and.repair of all lighting fixtures (both street lights
and bollards) to include changing of bulbs in the entire Town Center Park.
Safety and Security: Regular and routine police patrol and protection of
AGENDA ITEM # 8F
OCTOBER 24, 2011
Town Center Park to insure safety and to prevent vandalism.
Traffic violations: Atlantic Beach shall Regular and routine police patrol of
the area for illegally parked cars on the access and roundabout as well as
the sidewalk. Police patrol should increase in the evening hours and during
weekends, especially at night.
Infrastructure: Town Center Agency shall be notified of any infrastructure
work or repairs being done in Town Center Park. Any asphalt, brick, or
planting materials, as well as curbing, or site fixtures which must be
disturbed'or moved in any way shall be replaced or repaired to their original
condition, to include but not be limited to replanting or replacing shrubs
and /or flowers if necessary, and rebricking of sidewalk and /or roundabout to
their original condition.
Maintenance check: The City of Atlantic Beach shall make regular and
routine checks for maintenance problems in Town Center Park and report
any problems for which Town Center Agency is responsible to the Board
representative of the Town Center Agency, Inc. The City of Atlantic Beach
is responsible for repairs and maintenance to infrastructure and curbing on
the north side of Town Center Park (from the midline of the street north).
This includes replacing or repairing curbing.
Town Center Representative: A representative from the City shall attend at
least two Town Center Board Meetings per year. The Representative shall
act as a liaison between the City and Board regarding maintenance, special
events, and other concerns.
City of Jacksonville shall maintain the asphalt portion of Town Center Park
keeping it in adequate condition for driving and safe condition for walking,
biking etc. Should the asphalt need removing for reasons of repair to
infrastructure, the City of Jacksonville shall replace the asphalt which
needed to be removed.
Efforts shall be made among the parties to notify the City. of
Jacksonville of any repairs which are necessary or any infrastructure work
planned which necessitates the removal of asphalt.
Drainage: All parties of this agreement acknowledge that storm water
drainage has historically been a problem and continues to be a problem at
the Town Center access to the beach and that it has negative impact on the
appearance and usability of the park and access to the beach. Town Center
Agency, Inc. is .not responsible for any problems concerning drainage in the
area, as it was a problem before the beautification project began.
AGENDA ITEM it 8F
OCTOBER 24, 2011
Natural Disaster: In the event of a natural disaster, such as a hurricane,
the Cities involved in this agreement shall include Town Center Park in
their active pursuit of financial assistance from Federal, State or Local
Agencies.
Festivals and Special Events: It is understood by all parties that Town
Center Agency, Inc. receives its revenue from the proceeds of the annual
street festival, " Dancin' in the Street " held each May. The proceeds from
this festival are used for maintenance of the completed Town Center Park
and for costs regarding future phases of Town Center. In the event that
Town Center Agency, Inc. is not able to have the festival, and the funds for
maintenance become exhausted, the Cities of Atlantic Beach, Neptune
Beach and Jacksonville will make a concerted effort to continue the same
standard of maintenance for Town Center Park_ and share as they see fit in
its future upkeep.
The Board of the Town Center Agency, Inc. shall serve as a
coordinating and /or screening agent for any festivals and special events
planned in Town Center Park including those events not sponsored by the
Town Center Agency. - The Cities of Atlantic and Neptune Beach shall
participate in the coordinating of these events and shall have final authority
to accept or reject any event in question.
Town Center Agency, Inc. City of Neptune Beach
City of Jacksonville City of Atlantic Beach
AGENDA ITEM # 8F
OCTOBER 24, 2011
COMMISSIONERS
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Mayor Shaughnessy inquired as to where- the funding would come from for the
project and City Manager. Jarboe stated it could come from the General Fund,
Convention/Development Tax or from the $12,000 left in the Town Center
budget, if they are agreeable to it.
G. Discussion and Related Action Regarding the Possibility of
Reviving the Teen Council (Mayor)
Mayor Shaughnessy stated she had not received any input from the
Commission regarding the request and stated that the Teen Council was put
together by former Mayor Fletcher to promote teen activities.
Commissioner Beaver stated he would.like to see the group revived and might
know someone who would be interested in serving.
Dorothy Kerber of 3651st Street also provided information concerning the
�een Council.
Commissioner Meserve suggested that the City Newsletter be used to solicit
interest in reviving the group.
Commissioner Borno believed Commission action should be determined by the
need and interest expressed by the Community.
There was no Commission action relative to the Teen Council at this time.
H. - Sustainable Communities Network
Mayor Shaughnessy inquired if there was any follow -up regarding the
Sustainable Communities Network from the Department of Community
,Affairs. Community Development Director Worley stated had requested the
information packet but had not received it yet. He further stated that he felt the
city would still be able to join.
Mayor Shaughnessy requested that Mr. Worley let her know if the city can join
as soon as the information is received. He stated he would do so.
,,4. Consent Agenda:
A. Bid No. 9798 -20 Street Sweeping in Atlantic Beach for a 12
AGENDA ITEM # 8F
OCTOBER 24, 2011
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11/10/98
WHEREAS, the construction work shall be performed by a contractor awarded the
project in accordance with Part 2, Section 126, Purchasing Code of the City of Jacksonville; and
WHEREAS, some of the reasons for undertaking a coordinated project involving the
Public Improvements include cost sharing, improved roadways, and improved conditions; and
WHEREAS, the plans will be prepared by the Landscape Architect in such a way that
construction costs will not exceed the Public Improvement's budgeted funds; and
WHEREAS, JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND
TOWN CENTER desire to set forth their agreement regarding the design, construction and
payment for the Public Improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER
agree as follows:
SECTION 1
DEFINITIONS
1.1 "JACKSONVILLE" means the Consolidated City of Jacksonville, Florida.
1.2 "ATLANTIC BEACH" means the City of Atlantic Beach, Florida.
1.3 "NEPTUNE BEACH" means the City of Neptune Beach, Florida.
1.4 "TOWN CENTER" means the Town Center Agency.
1.5 "COUNCIL" means the City Council of the Consolidated City of Jacksonville,
Florida.
1.6 "PUBLIC IMPROVEMENTS" means capital improvements consisting of certain
road and streetscape improvements along portions of Atlantic Boulevard, First Street, and Ocean
Street, all located in Atlantic Beach and/or Neptune Beach.
1.7 "LANDSCAPE ARCHITECT" means R. Glen Mitchell & Associates, Inc.
-2-
AGENDA ITEM # 8F
OCTOBER 24, 2011
11
11/10/98
SECTION 2
FUNDING
2.1 The four parties agree to bear the full costs of the Public Improvements according
to the Plans and Specifications prepared by the Landscape Architect and approved by all four
parties, including, but not limited to, design, construction, inspection, contract administration,
construction testing, permit fees, etc.
SECTION 3
OBLIGATIONS
3.1 The payment schedule shall be based on an estimated total project cost of
$725,000.00, as determined from preliminary design services by the Landscape Architect. Plans
and Specifications shall be prepared such that construction bids are expected to approach, but not
exceed, $725,000.00, less known design fees and anticipated contract administration and testing
fees.
3.2 Financial participation for the design, construction, contract administration,
construction testing, and any and all other costs, including contingencies, of the Public
Improvements by the four parties shall be as follows:
JACKSONVILLE: $325,000.00
ATLANTIC BEACH: $162,500.00
NEPTUNE BEACH: $162,500.00
TOWN CENTER: $75,000.00
TOTAL: $725,000.00
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AGENDA ITEM # 8F
OCTOBER 24, 2011
r
11/10/98
3.3 Should the actual final total cost of the Public Improvements be less than
$725,000.00, the difference will be proportionately refunded as follows:
JACKSONVILLE: 44.83%
ATLANTIC BEACH: 22.41%
NEPTUNE BEACH: 22.41%
TOWN CENTER: 10.35%
TOTAL: 100.00%
3.4 ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER, on or before
the date of the advertisement for bids for the construction of the Public Improvements, will
deposit with JACKSONVILLE its estimated share toward the total costs of the Public
Improvements as identified in Section 3.2 hereof, and these amounts shall be used exclusively
for costs incurred, including change orders, during the course of the construction of the Public
Improvements. If thereafter, during the course of construction, additional amounts beyond those
deposited are identified for change orders as necessary to conform to sound engineering and
construction requirements, and are necessary to pay for the Public Improvements,
JACKSONVILLE will provide ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN
CENTER with a copy of such proposed change order(s), and all four parties must concur; and
within ten (10) days after such copy is provided, ATLANTIC BEACH, NEPTUNE BEACH,
AND TOWN CENTER will pay proportional additional amounts to JACKSONVILLE which
will be used to pay for cost overruns in connection with the Public Improvements in the
following percentages: ATLANTIC BEACH — 22.41 %; NEPTUNE BEACH — 22.41 %;
TOWN CENTER — 10.35 %; and JACKSONVILLE — 44.83 %.
-4-
AGENDA ITEM # 8F
OCTOBER 24, 2011
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11/10/98
3.5 ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER may, at any
time, up to and including one year after the completion of the construction of the Public
Improvements, review or have audited, at their expense, the books and records of
JACKSONVILLE regarding the cost of the Public Improvements. If the review or audit reveals
that ATLANTIC BEACH, NEPTUNE BEACH, and/or TOWN CENTER paid more than its
share of the cost of the Public Improvements, ATLANTIC BEACH, NEPTUNE BEACH, and/or
TOWN CENTER shall provide to JACKSONVILLE such information as is necessary to show
that ATLANTIC BEACH, NEPTUNE BEACH and/or TOWN CENTER overpaid the cost of the
Public Improvements, and JACKSONVILLE shall thereafter promptly refund the cost of any
overpayments.
3.6 TOWN CENTER shall contract directly with the Landscape Architect for its
services; however, the design contract will be administered by JACKSONVILLE'S Department
of Public Works in consultation with the other three (3) parties to this Agreement.
3.7 Construction will be administered by JACKSONVILLE'S Department of Public
Works, Engineering Division.
3.8 All parties shall be represented in matters dealing with the Landscape Architect
by JACKSONVILLE'S Department of Public Works Project Manager.
3.9 All parties shall inspect and approve all work as final.
3.10 The address of JACKSONVILLE for the purposes of communications relating to
this contract shall be as rioted above (contact person: Mayor John Delaney or designee)
3.11 The address of ATLANTIC BEACH for the purposes of communications relating
to this contract shall be as noted above (contact person: Mayor Suzanne Shaughnessy or
designee).
-5-
AGENDA ITEM # 8F
OCTOBER 24, 2011
I
11/10/98
3.12 The address of NEPTUNE BEACH for the purposes of communications relating
to this contract shall be as noted above (contact person: Mayor George Vaughn or designee
3.13 The address of TOWN CENTER for the purposes of communications relating to
this contract shall be as noted above (contact person: Dezmond Waters or designee .
SECTION 4
DEFAULT AND REMEDIES
4.1 A default shall consist of the breach or anticipatory breach of any covenant,
agreement, representation, provision, or warranty entered into between JACKSONVILLE,
ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER relating to the Public
Improvements. If a default, breach or anticipatory breach occurs, the party not in default may, at
any time or from time to time, proceed to enforce its remedy under this Contract by suit in
equity, action at law or by any other appropriate proceeding for damages or other relief, or
proceed to take any action authorized or permitted under applicable laws or regulations. No
party shall act upon any default until it has given the party in default written notice of the default
and ten (10) days within which to cure the default.
SECTION 5
GENERAL PROVISIONS
5.1 JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN
CENTER each bind the other and their respective successors and assigns in all respects to all of
the terms, conditions, covenants and provisions of this Contract, and any assignment or transfer
by TOWN CENTER of its interest in this Contract without the written consent of
JACKSONVILLE, ATLANTIC BEACH, AND NEPTUNE BEACH shall not be binding upon
JACKSONVILLE, ATLANTIC BEACH, AND NEPTUNE BEACH. Nothing herein shall be
mom
AGENDA ITEM # 8F
OCTOBER 24, 2011
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11/10/98
construed as creating any personal liability on the part of any officer or agent of
JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, or TOWN CENTER, nor shall it
be construed as giving any right or benefit hereunder to anyone other than JACKSONVILLE.
ATLANTIC BEACH, NEPTUNE BEACH, TOWN CENTER, their successors and assigns.
5.2 For the purposes of this Agreement, there shall be formed a Project Oversight
Committee consisting of the following members:
Mayor John Delaney
Mayor Suzanne Shaughnessy
Commissioner Mike Borno
Sam E. Mousa, P. E.; Director of Public Works
Lyman T. Fletcher
Rene Schiegg, General Manager
Mayor George F. Vaughn, Jr.
City Councilman Dick Brown
Councilor Bob Shimp
Dezmond Waters
Allen Majefski
Thomas Dumas
Jacksonville, Florida
Atlantic Beach, Florida
Atlantic Beach, Florida
Jacksonville, Florida
Town Center Agency
Sea Turtle Hotel
Neptune Beach, Florida
Jacksonville, Florida
Neptune Beach, Florida
Town Center Agency
Town Merchants, Inc.
P. I. N. E., Inc.
The Project Oversight Committee (POC) shall retain control over all aspects of
the Public Improvements including, but not limited to, plans development and preparation,
scheduling, budgetary matters, landscape and. streetscape materials, design issues and
construction management, etc. The POC shall meet periodically during the progression of the
Public Improvements to ensure mutually satisfactory decisions are reached or problems resolved
to the collective benefit of all members and parties.
5.3 All parties agree to comply with all applicable laws, rules and regulations, federal,
state and local, in its performance under this Contract and its implementation.
5.4 TOWN CENTER represents and guarantees that to the best of its knowledge and
belief: (a) it is currently in good standing under the laws of the State of Florida; and (b) the
persons executing this Contract are duly authorized to execute this Contract on behalf of TOWN
CENTER and TOWN CENTER has authority to enter into this Contract.
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AGENDA ITEM # SF
OCTOBER 24, 2011
11/10/98
this Agreement. This prohibition shall apply to all contracts or subcontracts in connection with
the Public Improvements.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day
and year first above written.
ATTEST: CITY OF JACKSONVILLE
C. WILLIAMS WILLIAMS JOHN ELANEY
TION SECRETARY MA OR
ATTEST: CITY OF ATLANTIC BEACH
v
By: i-
SUZANNE SHRUG SSY
MAYOR
Its: CITY CLERK
ATTEST:
CITY OF NEPTUNE BEACH
By: j/m5c- By: : —. _.
RG F. VAUG R.
MAYOR
(Print Name)
ATTEST:
By: O
ELAINE KjNN
Its: VICE PRESIDENT
Its
TOWN CENTER AGENCY
AGENDA ITEM # 8F
OCTOBER 24, 2011
I
11/10/98
IN COMPLIANCE with the Charter of the City of 'Jacksonville, I hereby certify that
there is an unexpended, unencumbered and unimpounded balance in the appropriation to cover
the foregoing contract, and provision has been made for the payment of monies provided therein
to be paid.
Director of Admini tr tion & Finance
- -7 7th W9
Form Ap roved:
C. J
A;
Assistant General Counsel
-10-
AGENDA ITEM # 8F
OCTOBER 24, 2011
L
BUDGET: As previously reported, bids had been received for the maintenance
of this area totaling $46,272.00 per year. We anticipate handling
the maintenance on a month to month basis until bid specs can be
_
revised and new bids taken with a current target date estimated of
December of this year for contract award.
RECOMMENDATION: The City Commission should approve the execution of this contract.
ATTACHMENTS: 1. TRI PARTY AGREEMENT BETWEEN THE CITIES OF
JACKSONVILLE, ATLANTIC BEACH AND NEPTUNE
BEACH FOR MAINTENANCE OF LANDSCAPE AND STREET
SCAPE IMPROVEMENTS IN THE TOWN CENTER AREA.
AGENDA ITEM # 8F
OCTOBER 24, 2011
TRI -PARTY AGREEMENT BETWEEN CITY OF JACKSSOMULE,
CITY OF ATLANTIC BEACH AND CITY OF NEPTUNE BEACH
FOR MAINTENANCE OF LANDSCAPE AND STREETSCAPE IlWAOVEMENTS
:_____ ___-__:___ : __ : ; AL4NG.ATLANTJ<C : BOULEVARD, FIRST STREET, AND_OCEAN BOU __ ______
- : IN THE AREA KNOWN AS "'TOWN CENTER ",.: ;
DUVAL COUNTY, FLORIDA
THIS AGREEMENT, made and entered into in triplicate on this day of
2000, by and between the CITY OF JACKSONVILLE, a municipal
corporation located at 117 West Duval Street, Suite 400, Jacksonville, Florida 32202, hereinafter
referred to as "JACKSONVILLE"; the CITY OF ATLANTIC BEACH, a municipal corporation
located at 800 Seminole Road, Atlantic Beach, Florida 32233, ' hereinafter referred to as
"ATLANTIC BEACH "; and the CITY OF NEPTUNE BEACH, a municipal corporation located at
116 First Street, Neptune Beach, Florida 32266, hereinafter referred to as "NEPTUNE BEACH ";
WITNESSETH:
WHEREAS, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH are
presently nearing completion of construction of certain road, streetscape and landscaping
improvements on portions of Atlantic Boulevard, First Street and Ocean Boulevard (the
rights-of-way of which are recorded in the Official. Records of Duval County, Florida),
hereinafter referred to as the "Public Improvements "; and
WHEREAS,, a portion of the said construction of the ,Public Improvements was
accomplished by a Four -Party Agreement, dated December 14, 1998, between JACKSONVILLE,
ATLANTIC BEACH, NEPTUNE BEACH, and the Town Center Agency, Inc.; and
WHEREAS, Section 5.8 of the said Four -Party Agreement requires that a separate Tri-
Party Agreement between ATLANTIC BEACH, NEPTUNE BEACH, and JACKSONVILLE,
acceptable to all three (3) parties, shall be executed which clearly defines each City's
maintenance responsibilities for the Public Improvements constructed thereunder and in previous
phases prior to project completion and expiration of the Contractor's warranty period; and '
AGENDA ITEM # 8F
OCTOBER 24, 2011
WHEREAS, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH agree
that a formally executed maintenance agreement between the three (3) parties will promote the
lasting beauty, durability, and aesthetics of the Public Improvermnts;,and
WHEREAS, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH now
desire to set forth their agreement regarding the maintenance of the Public Improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH, agree as follows:
SECTION 1
DEFINITIONS
1.1 "JACKSONVILLE" means the Consolidated City of Jacksonville, Florida.
1.2 "ATLANTIC BEACH" means the City of Atlantic Beach, Florida.
1.3 "NEPTUNE BEACH" means the City of Neptune Beach, Florida.
1.4 "PUBLIC IMPROVEMENTS" means capital improvements consisting of certain
road, streetscape and landscape improvements along that portion of Atlantic Boulevard between
Third Street and the Beach; that portion of First Street between Atlantic Boulevard and Orange
Street; and that portion of Ocean Boulevard between Atlantic Boulevard and Ahern Street; which
were constructed or installed under, or prior to, the Four -Party Agreement dated December 14,
1998, using plans and specifications prepared by R. Glen Mitchell & Associates, and constructed
by ABBA Construction, Inc.; BGCO, Inc.; or earlier contractors, and including the entranceway
columns.
1.5 "CONTRACTOR" means Abba Construction, Inc. (as to road and streetscape
improvements), and/or BGCO, Inc. (as to landscape improvements).
AGENDA ITEM # 8F
OCTOBER 24, 2011
SECTION 2
OBLIGATIONS
- —_- 2.1 ___JACKSONVILLE-shall be.responsible for the maintenance.ofthe. asphalt pavement� -_
curbs and gutters, roadway'striping, drainage structures, drainage pipes, and concrete adjacent to and
beneath historic brick crosswalks on the. portions of Atlantic Boulevard which lie between the
easterly right -of -way line of Third Street (S. R. A1A) and the terminus of the pavement at the Beach;
and between the northerly and southerly back of curb lines as shown on the attached Exhibit "A ",
which by this reference is made a part hereof. JACKSONVILLE shall not be responsible for the
maintenance of any non - asphalt surfaces within these limits such as, but not limited to, landscaped
medians, historic brick crosswalks, the East Coast Drive stamped concrete crosswalk, the brick
intersection at First Street/Ocean Boulevard, and the turnaround adjacent to the Sea Turtle Hotel,
with the exception of the concrete adjacent to and beneath historic brick crosswalks.
JACKSONVILLE shall also incur no maintenance responsibilities on those portions of Atlantic
Boulevard which lie between the northerly and southerly backs of curbs and the respective northerly
and southerly right -of -way lines, JACKSONVILLE shall also not be responsible for the
maintenance of the drainage structures and pipes along and beneath Atlantic Boulevard which are
located within five (Y) feet horizontally in any direction of the stamped concrete crosswalk across
East Coast Drive: JACKSONVILLE'S responsibility for the maintenance of drainage on the portion
of Atlantic Boulevard which lies east of the easterly right -of -way line of First Street and Ocean
Boulevard is specifically limited to maintaining the existing drainage structures and pipes, and in no
way requires that JACKSONVILLE enlarge any structures or pipes to improve runoff in the area.
2.2 ATLANTIC BEACH shall be responsible ` for the maintenance of all Public
Improvements within the entire right -of -way of Ocean Boulevard, and that portion of the right-of-
way of Atlantic Boulevard which Iies between the centerline of Atlantic.Boulevard. and the northerly
right -of -way line of Atlantic Boulevard, from the easterly right -of -way line of Third Street to the
AGENDA ITEM # 8F
OCTOBER 24, 2011
terminus of the. pavement at the Beach, which is not the maintenance responsibility of
JACKSONVILLE as shown on the attached Exhibit "A'. ATLANTIC BEACH shall maintain the
drainage structures'and pipes which are located within five (5) feet horizontally in any direction of
the stamped concrete crosswalk across East Coast Drive. Said Public Improvements'include, but are
not limited to, curbs, gutters, asphalt, drainage structures, drainage pipes, brick sidewalks, brick
crosswalks, trees, bushes, grass, other landscape materials, light poles, light fixtures, light bulbs,
signs, sign posts, banner arms, benches, bike racks, receptacles, foundation for the entranceway
column, the entranceway column, and any City of Atlantic Beach owned utilities or property.
2.3 NEPTUNE BEACH shall be responsible for the maintenance of all Public
Improvements within the entire right -of -way of First. Street, and that portion of the right-of-way of
Atlantic Boulevard which lies between the centerline of Atlantic Boulevard and the southerly right-
of-way line of Atlantic Boulevard, from Third Street to the terminus of the pavement at the Beach,
which is not the maintenance responsibility of JACKSONVILLE as shown on the attached Exhibit
"A ". Said improvements include, but are not limited to, curbs, gutters, asphalt, drainage structures,
drainage pipes, brick sidewalks, brick crosswalks, trees, bushes, grass, other landscape materials,
light poles, light fixtures, light bulbs, signs, banner arms, benches, bike racks, receptacles,
foundations for the entranceway column, the entranceway column, and any City of Neptune Beach
owned utilities or property.
2.4 ATLANTIC BEACH and NEPTUNE BEACH, recognizing that
JACKSONVILLE provided all the funding for the landscape component of the Public
Improvements, do hereby warrant that they will enter into an agreement(s) with a professional
landscape maintenance contractor(s), at their cost, for the maintenance of all landscape
components for a minimum of five (5) years commencing with the date of this Agreement. The
said minimum five (5) year period is to ensure the survival of all plants. ATLANTIC BEACH
and NEPTUNE BEACH agree to maintain the landscape component of the Public Improvements
AGENDA ITEM # 8F
OCTOBER 24, 2011
' to at lease the same extent and quality as ATLANTIC BEACH presently maintains the medians on
Atlantic Boulevard from the Intracoastal Waterway Bridge to Third Street, both in terms of aesthetics
and overall plant health. ATLANTIC BEACH and NEPTUNE BEACH each agree to pay exactly : one -
half (50 0 /,D) of all maintenance of landscaping costs, including maintenance and operation of the irrigation
system and the water used for irrigation. ATLANTIC BEACH shall administer the landscape
maintenance contract in consultation with NEPTUNE BEACH. As an option to the above, if landscape
maintenance cannot be obtained at an acceptable price from a contractor, Atlantic Beach and Neptune
Beach may choose to perform the maintenance with City employees, provided such City employees aie
properly qualified and/or supervised to perform the work
2.5 ATLANTIC BEACH and NEPTUNE BEACH agree to obtain a Right -a -Way Permit from
the City of Jacksonville Public Works Department for the construction and maintenance of the
entranceway columns. The City of Jacksonville Project Manager shall assist the Cities of ATLANTIC
BEACH and NEPTUNE BEACH wiff obtaining the Right -of -Way Permit.
2.6 JACKSONVILLE agrees to provide three (3) sets of blueline prints, and complete
CADD files, of final As -Built Drawings of the Public Improvements to both ATLANTIC BEACH
and NEPTUNE BEACH after the completion of construction of the Public Improvement.
2.7 The address of JACKSONVILLE for the purposes of communications relating to this
contract shall be as noted above (contact person: Mayor of Jacksonville or designee).
2.8 The address of ATLANTIC BEACH for the purposes of communications relating to
this contract shall be as noted above (contact person: City Manager or designee).
2.9 The address of NEPTUNE BEACH for the purposes of communications relating to this
contract shall be as noted above (contact person: City Manager or designee).
.5-
AGENDA ITEM # 8F
OCTOBER 24, 2011
SECTION 3
DEFAULT AND REMEDIES
3.1 A default shall consist of the breach. or- anticipatory .breach of any :covenant;
agreement, representation, provision, or warranty entered into between JACKSONVILLE,
ATLANTIC BEACH and NEPTUNE BEACH relating to the Public Improvements. If a default,
breach or anticipatory breach occurs, the party not in default may, at any time or from time to time,
proceed to enforce its remedy under this Contract by suit in equity, action at law or by any other
appropriate proceeding for damages or other relief, or proceed to take any action authorized or
permitted under applicable laws or regulations. No party shall act upon any default until it has given
the party in default written notice of the default and thirty (30) days within which to cure the default.
SECTION 4
GENERAL PROVISIONS
4.1 JACKSONVILLE, ATLANTIC BEACH, and NEPTUNE BEACH each bind the
other and their respective successors and assigns in all respects to all of the terms, conditions, covenants
and provisions of this Contract. Nothing herein shall be construed as creating any personal liability on
the part of any officer or agent of JACKSONVILLE, ATLANTIC BEACH, or NEPTUNE BEACH,
nor shall it be construed as giving any right or benefit hereunder to anyone other than
JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, their successors and assigns.
4.2 All parties agree to comply with all applicable laws, rules and regulations, federal,
state and local, in its performance under this Contract and its implementation.
4.3 No waiver by any party at any time of any of the terms, conditions, covenants,
and agreements herein, or of any default, shall be deemed or taken as a waiver at any time
thereafter of the same or any other term, condition, covenant or agreement herein contained, nor
of the strict and prompt performance thereof.
AGENDA ITEM # 8F
OCTOBER 24, 2011
4.4 This Contract constitutes the entire present agreement between
JACKSONVILLE, ATLANTIC BEACH, and NEPTUNE BEACH. No change in, modification
of; or supplement to this Contract shall. be valid - or enforceable unless it is. enacted in wasting and .
signed by the duly authorized representatives of JACKSONVILLE, ATLANTIC BEACH, and
NEPTUNE BEACH by formal amendment.
4.5 The use of the singular in this Contract shall include the plural and the pronouns
shall be considered as masculine, feminine or neutral in gender wherever the context so requires.
SECTION 5
MEMBERS OF LOCAL GOVERNING
BODY, OR OTHER PUBLIC OFFICIALS
5.1 No member, officer or employee of the governing body of the locality in which
the Public Improvements are-situated, and no other public official of such locality or localities
who exercises any functions or responsibilities with respect to the program during his/her tenure
or for one year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the Public
Improvements maintained under this Agreement. This prohibition shall apply to all contracts or
subcontracts in connection with the maintenance of the Public Improvements.
AGENDA ITEM # 8F
OCTOBER 24, 2011 i
By:
LRITME C. WILLIAMS
CORPORATION SECRETARY
ATTEST:
By:
MAUREEN KING
Its: CITY CLERK
ATTEST:
By:
LISA VOLPE
Its: CITY CLERK
By:
JOHN A. DELANEY
MAYOR
CITY OF ATLANTIC BEACH
By:
JOHN MESERVE
MAYOR, .
CITY OF NEPTUNE BEACH
By:
GEORGE F. VAUGHN - JR.
MAYOR
IN COMPLIANCE with the Charter of the City of Jacksonville, I hereby certify that there is
an unexpended, unencumbered and unimpounded balance in the appropriation to cover the foregoing
contract, and provision has been made for the payment of monies provided therein to be paid.
Form Approved:
Director of Administration & Finance
Assistant General Counsel
AGENDA ITEM # 8G
STAFF REPORT OCTOBER 24, 201 I
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Forfeiture Funds
DATE: October 13, 2011
SUBMITTED BY: Michael D. Classey, h of of Police
BACKGROUND:
Forfeiture funds are money or other valuables seized by the Police Department, generally from drug
cases. Florida State Statute (F.S.S.) 932.7055 (5) (a) and (b) governs the requirements for expending
those funds and requires approval from the governing body. Specifically, it states that the proceeds
may not be used to meet normal operating expenses of the agency. A few of the permissible uses
would be training, memberships and providing additional equipment. The current annual budget for
this account is $8,000
The police department has provided gym memberships for the sworn police officers for many years.
The annual cost of this will not exceed $2,000. There has been no General Fund money allocated for
this expense for some years.
I do certify that these requests comply with the provisions of FSS 932.7055 (5) (b).
BUDGET: Not to exceed $2,000
RECOMMENDATIONS: Staff recommends that up to $2,000 be approved for police officer gym
memberships.
ATTACHMENTS: FSS 932.7005
REVIEWED BY CITY MANAGER:
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AGENDA ITEM # I OA
OCTOBER 24, 2011
MINUTES
Board Member Review Committee Meeting
October 4, 2011
Call to order
The meeting was called to order by Mayor Pro Tem John Fletcher at 5:02 pm. Those in attendance
were Mayor Pro Tem John Fletcher (Chairman), City Manager Jim Hanson, Member Mitchell Reeves,
Member Jim Smith, City Clerk Donna Bartle, Community Development Board Chair Chris
Lambertson and Building Official Mike Griffin. Mayor Pro Tem Fletcher introduced Commissioner-
Elect Mark Beckenbach to the Committee members and explained he personally invited him to attend
the meeting.
1. Approval of the minutes of the BMRC meeting of September 14, 2011.
Motion: Approve minutes of the Board Member Review Committee meeting of September 14,
2011.
Moved by Smith, seconded by Reeves
Motion carried unanimously
2. Discuss /review current members on the Community Development Board whose terms are
expiring on December 31, 2011 and are interested in reappointment.
A. Kirk Hansen
B. Patrick Stratton
Mayor Pro Tem Fletcher advised there are three vacancies to address on the Community Development
Board (CDB). It was explained that Blaine Adams' term will expire on December 31, 2011 and that
he is not interested in reappointment.
The Committee discussed the attendance record of Mr. Hansen and Mr. Stratton as well as their
contributions to the Community Development Board.
Motion: Recommend reappointing Kirk Hansen to serve an additional term on the Community
Development Board.
Moved by Reeves, seconded by Lambertson
Motion carried unanimously
Motion: Recommend reappointing Patrick Stratton to serve an additional term on the
Community Development Board.
Moved by Smith, seconded by Reeves
Motion carried unanimously
3. Discuss the new candidates (listed below) and the current members that are interested in
reappointment (listed above) and make recommendations.
New candidates:
A. Rita Pierce
B. Myron Blankenbaker
C. Jason Burgess
AGENDA ITEM # I OA
OCTOBER 24, 2011
The Committee interviewed Ms. Pierce. The purpose of the interview and an overview of the duties
and responsibilities of the Community Development Board were explained to her. She explained her
personal accomplishments, goals and interests in the community. The Committee offered her the
opportunity to ask questions and the Committee responded to those questions.
Ms. Bartle reported that Mr. Blankenbaker would not be able to make it to his interview tonight
because he had been delayed in Tampa by unforeseen traffic issues but wants to be considered for
appointment. She explained Jason Burgess should be considered also but was not scheduled for an
interview tonight since he interviewed with this Committee in July for the same board. The Committee
discussed the three candidate.
Motion: Recommend appointing Jason Burgess as a new member to the Community
Development Board for one term beginning January 1, 2012.
Moved by Smith, seconded by Lambertson
Motion carried unanimously
Mayor Pro Tem Fletcher agreed to call Ms. Pierce to convey the Committee's recommendation and to
urge her to interview for future vacancies on the Code Enforcement Board.
4. Other Business
A. Set agenda for next meeting
Mrs. Bartle referred to the 2012 Vacancy List which was included in the agenda packets. She
explained the next terms to expire are in July 2012 for members of the Cultural Arts and Recreation
Advisory Committee. The Committee agreed it is not necessary to set the next meeting at this time.
Adjournment
There being no other business, the meeting adjourned at 5:45 pm.
John Fletcher
Chairman
Minutes of the Board Member Review Committee Meeting on October 4, 2011 Page 2 of 2
AGENDA ITEM # I OA
OCTOBER 24, 2011
CITE' OF ATLANTIC BEACH
BOARD/ COMMITTEE MEMBER APPLICATION FORM
Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than
one, please rank your interest in each board / committee by order of priority.
(A summary of each board /committee is available on page 2 of this form.)
3 Code Enforcement Board 1 Community Development Board
Pension Board of Trustees 2 Board Member Review Committee
Cultural Arts and Recreation Advisory Committee w
DATE: 15 June 2011 APPLICANT'S NAME: Jason A. Burgess
ADDRESS: 790 Paradise Lane, Atlantic Beach, Florida 32233
DAYTIME PHONE: j904) 521 -9868 EVENING PHONE: X904) 521 -9868
E -MAIL ADDRESS: Jason ,jasonaburgess.com FAX: X904 981 -8015
Please explain any employment experience, board /committee experience, and/or community volunteer experience
relative to the board/committee applying for.
I do not have specific experience related to the committees but do have substantial experience on other committees
and boards that I have served on in the past and still currently serve on. The nast year I have been secretary of the
Jacksonville Bankruptcy Bar Association and have been elected to serve as the treasurer for the upcoming year. In
the past I have also served on the Northern District of Florida Rules Committee and was the lone creditor
representative selected. I am 29 years old and have been involved in the legal community since 2004 and actively
practiced law since 2007. I have routinely been one of the youngest professionals in my field and feel that I have
built up my reputation fairly quickly for being not only a hard worker but a dedicated professional I believe that my
previous and current board/committee experience will help me work with all types of personalities to do what is best
for the community as a whole. Also my ge and experience may bring in a different view to the committees
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons
for wishing to be appointed to this board /committee.
I would say that my legal background could be of particular help with the committees. I am interested in the
committees because I love Atlantic Beach. I want the area to not only stay as beautiful and inviting as it is today but
to only get more beautiful and inviting. I want to do whatever is possible to contribute to the community and hope
my skills and experiences can be used to help Atlantic Beach continue to be the desired area of Florida it is today.
Please return completed form to
Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 Recelved
PLEASE NOTE This application will expire two (2) years after date of submittal.
.1llN 16 2011
Offloe of City Clerk
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AGENDA ITEM # 1013
OCTOBER 24, 2011
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA CASE #15311
Petitioner,
vs. HAND DELIVERED
Beniamin Brown, Respondent
Certified Mail
Address: 457 Sailfish Drive 7009 1680 0001 0641 0021
Description: Royal Palms Unit 2A Lot 1, Block 27
RE # 171374 -0000 457 Sailfish Drive
Atlantic Beach, FL 32233
ORDER IWOSING FINE
THIS CAUSE came for public hearing before the Code Enforcement Board on May 10, 2011 and the
Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate
matters, and thereupon issues the Findings of Fact, Conclusions of Law and Order as follows:
FINDINGS OF FACT
1. That the Respondent Benjamin Brown owns the property located at 457 Sailfish Drive Atlantic Beach,
Florida.
2. That notice was posted and sent by certified mail and that Respondent was not present at the hearing.
3. That notification of the violations of the International Property Maintenance Code Section 302.5,
Rodent Harborage and Section 302.7, Accessory Structures, and City of Atlantic Beach, Code of
Ordinances, Chapter 12, Nuisances, Section 12- 1(b)(7) and Chapter 24, Land Development
Regulations, Section 24 -104, Residential, Single family district (RS -1)(b) Permitted Uses were made
and served on the Respondent as evidenced in this hearing.
4. Specifically, the property is infested with rodents; fencing is dilapidated; open storage of trash, debris,
appliances, tires, barrels, lawn mowers, automobile parts, ladders, tools, propane tanks, welding tanks;
and operating a jurWsalvage business in a single family dwelling district at the aforementioned
property.
CONCLUSIONS OF LAW
THAT Benjamin Brown is not in compliance and has failed to correct such violation as of this
hearing date and this is a repeat violation.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
THAT the Respondent is found in violation for non - compliance, and must come into compliance
on or before 12:00 pm, June 10, 2011. Failure to comply will result in fines of $500.00 per day for
every day thereafter until compliance is met plus administrative costs. If the fine reaches $15,000, the
Code Enforcement Board recommends that the City Commission authorize the filing of a lawsuit
against Mr. Brown for injunctive relief or any other legal recourse available to the city.
THAT failure to pay all accumulated fines will result in alien being placed against the property at
457 Sailfish Drive for the total assessment plus costs incurred for the filing of the Iien. All lien
amounts are to be made payable at an interest rate of ten (10) percent per annum from date of
certification until paid.
This Order becomes self - executing upon an Affidavit of Non - Compliance being filed with the City
Clerk's Office.
DONE AND ORDERED THIS 10th day of May 2011.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BO�ARD� �/
By: '�
Ray MaAin "
Code Enforcement Board Chairman
Attest
�aYLl'LdL am C J . L'._
Donna Bartle, Secretary
ATTENTION: It is your responsibility to notify Kathy Stiles, Code Enforcement Officer, at 247-
5855 and satisfactorily demonstrate that the violation has been corrected.
AGENDA ITEM # 1 OB
OCTOBER 24, 2011
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEME NT BOARD
CITY OF ATLANTIC BEACH, FLORIDA, Petitioner CASE 915311
vs.
Benjamin Brown, Respondent
Certified Mail
Address: 457 Sailfish Drive 7006 2150 0002 2972 1459
Description: Royal Palms Unit 2A Lot 1, Block 27
RE # 171374 -0000 457 Sailfish Drive
Atlantic Beach, FL 32233
ORDER
THIS CAUSE came for public hearing before the Code Enforcement Board on July 12, 2011 and the Board
having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and
thereupon issues the Findings of Fact, Conclusions of Law and Order as follows:
FINDINGS OF FACT
A. That the Respondent Benjamin Brown owns the property located at 457 Sailfish Drive, Atlantic Beach,
Florida.
B. That by Order of the Code Enforcement Board dated May 10, 2011, Mr. Brown was ordered to be in
compliance on or before 12:00 p.m. on June 10, 2011 by removing all open storage of trash, debris,
appliances, tires, barrels, lawn mowers, automobile parts, ladders, tools, propane tanks, welding tanks and
operating a junk/salvage business in a single family dwelling district.
C. An inspection on June 10, 2011 by the City of Atlantic Beach Code Enforcement Officer revealed that Mr.
Brown was not in compliance as required by the Order.
D. That Mr. Brown requested an appeal by letter to be heard by the Code Enforcement Board, alleging that he
was in compliance on June 10, 2011, with the Order of the Board. The appeal was heard by the Board on
July 12, 2011.
E. That at the hearing before the Board on July 12, 2011, Mr. Brown consented to an inspection of his property
by the City at 10:00 a.m. on July 13, 2011. Said inspection was conducted by Mike Griffin and the property
was still not in compliance as required by the Order.
CONCLUSIONS OF LAW
THAT Benjamin Brown is not in compliance with the Order of the Board dated May 10, 2011, and his
appeal is denied as follows:
1. The open storage of trash, debris, appliances, tires, barrels, lawn mowers, automobile parts,
ladders, tools, propane tanks, welding tanks; and operating a junk a junk/salvage business still occur on the property.
The gravity of the violation presents a serious threat to the health, safety and welfare of the community.
2. That Mr. Brown has taken some action to remove items, however, the violation still exists.
3. That this is a repeat violation and Mr. Brown has been found previously in violation.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter
162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered:
THAT the Respondent's appeal of the Code Enforcement Board Order issued on May 10, 2011 is denied and
said Order recorded in Official Record Book 15600, Page 1030 (2 pages) in the current public records of Duval
County, Florida stands.
DONE AND ORDERED THIS 12`' day of July 2011.
CITY OF ATLANTIC BEACH, FLORIDA
Attest: CODE ENFORCEMENT BOARD
By: /2
Donna L. Bartle, Secretary Ra Mart' , Chairman bl
Executed: July 22, 2011
PLEASE NOTE: Florida Statutes, Section 162.11, states that an appeal of this order shall be filed in circuit
court within thirty (30) days of this order's execution.