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1-9-12 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING January 9, 2012 - 6:00 PM AGENDA Call to order Invocation and pledge to the flag 1. Approve the minutes of the Regular Commission Meeting of December 12, 2011. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Financial Report for November 2011, Public Works and Utility Department Status Report as of December 28, 2011 and List of New Businesses for December 2011. B. Declare the list of property as surplus so that it may be disposed of in the most beneficial way to the City. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 12 -01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING DAVID THOMPSON FOR HIS DISTINGUISHED SERVICE TO THE CITY OF ATLANTIC BEACH. 7. Action on Ordinances A. ORDINANCE NO. 60- 12 -17, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES WHICH REGULATES SIGNS AND ADVERTISING STRUCTURES AS ADOPTED BY ORDINANCE NUMBER 60- 02 -12, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 17 -29, SIGNS PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE NO. 5- 12 -54, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 2 DIVISION 2 CODE ENFORCEMENT BOARD OF THE CITY CODE PROVIDING FOR POWERS OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING PROCEDURES; PROVIDING FOR ADMINISTRATIVE FINES LIENS AND 1 MONEY JUDGEMENTS; PROVIDING FOR A FEE STRUCTURE FOR RELEASE OF LIENS; PROVIDING FOR PROCEDURES FOR CONTEST, APPEAL AND REHEARING; PROVIDING NOTICE REQUIREMENTS, AND PROVIDING AN EFFECTIVE DATE C. ORDINANCE NO. 5- 12 -55, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO CHANGE THE TIME OF REGULAR MEETINGS TO 6:30 P.M., AND ELIMINATE REGULAR MEETINGS ON THE NIGHT OF EVERY ELECTION, AND PROVIDING AN EFFECTIVE DATE. D. ORDINANCE NO. 20 -12 -113, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. 8. Miscellaneous Business A. Request for Financial Assistance related to Community Garden on City Property located on Dutton Island Road. (City Manager) B. Relocate the mid -week Market to Johansen Park. (City Manager) C. Present badge and gun to David Thompson. (City Manager) D. Memorandum of Agreement Between City of Atlantic Beach and North Florida Utility Coordination Group (NFUCG) to Assess Groundwater Sustainability in Northeast Florida. (City Manager) E. Request to apply for a USTA 10 and Under Tennis (QuickStart) Line & Conversion Grant. (City Manager) F. Sewer Rehabilitation for FY12. (City Manager) G. Approval of Scope and Fee for Cost Analysis of the COJ Solid Waste System. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, January 6, 2012. 2 MINUTES REGULAR CITY COMMISSION MEETING December 12, 2011 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Maria Mark Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Mayor Borno stated he would now take the public input from anyone who wanted to address anything from the workshop meeting and reopened the Courtesy of the Floor to Visitors. No one from the audience spoke so he closed the Courtesy of the Floor to Visitors for the workshop. Call to Order/Pledge: Mayor Borno called the meeting to order at 6:03 p.m. Commissioner Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of November 28, 2011. Motion: Approve the minutes of the Regular Commission Meeting of November 28, 2011. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 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. He recognized former Mayor Lyman Fletcher and former Commissioner Theo Mitchelson who were in the audience. Lyman Fletcher, 804 East Coast Drive, addressed the Commission regarding a motion proposed by Commissioner Beckenbach to form a committee regarding an issue before the Commission. He stated there was some discussion afterward regarding the role of committees, how they are selected, and the procedures for that, etc. He stated it is clear under the Charter the Mayor can appoint committees and the membership of those committees. He stated, as he understands it, the issue is the role of the Commission in appointing committees and the members. He stated the form of government Atlantic Beach has is a weak Mayor government and, in his reading of the Charter, the role of the City Commission needs to be clarified. He stated, as he understands it, currently the City Commission is put into a position of weakness or a lower status than the Mayor's position which is counter to the fundamental concept of our City government. He stated there should be equanimity between the various aspects of the City government. He stated the founders of this City were very conservative people and he concludes they didn't trust government because of the way they set up the government of this City. He stated they have taken all the pieces of power and broken them up among smaller decision - making groups in regard to the issues December 12 2011 REGULAR COMMISSION MEETING Pate 2 that would come before the Commission over time. He stated it comes to where the Commission sitting as a body does not have equal power so it puts a position of where one part of the government has a more persuasiveness or sway in the governance of the City. He stated Commissioner Beckenbach has talked to several people who give a different opinion than the City lawyer's opinion that was given at his request. He stated this goes to the balance of the power of the respective parts of our government, albeit the City Commission and the Mayor's position and clearly there is an issue with it. He stated there needs to be a conclusion of what the intent of the founders was in establishing this City and the corresponding parts to it. He stated we all have an opinion and that opinion whether it be the lawyer's, commissioner's or the guy off the street's opinion is just that, it is not anything that is persuasive or carries the weight of the law. He stated the Commission can say to a lawyer that they don't like their advice and don't want to follow it and they don't have to follow the advice of the lawyer. He stated they should be careful but it is not a requirement. He stated the way it is set now creates a serious imbalance between the Mayor and the Commissioners and that needs to be resolved to the benefit of the community. Sally Clemens, 1638 Park Terrace West, addressed item 7C, stating at the last Commission meeting Commissioner Daugherty suggested the regular Commission meeting begin at 6:30 p.m. which she believes is an excellent compromise between the 6:00 and 7:00 o'clock advocates. She stated the agenda order usually take a half an hour before there is an action on resolutions and ordinances and this allows the citizens time to be present when there is a public hearing. She stated if a citizen wants to address the Commission during the Courtesy of the Floor to Visitors a prepared written statement could be read by another citizen. She stated since the agenda is available at City Hall and online citizens have a reasonable time to study the agenda and this also gives enough time for them to email or call concerns or questions to any of our Commissioners. She suggested a 6:30 compromise time. She further stated she had not planned to address the committee appointments but she was one of the ones who objected to Commissioner Beckenbach's appointment of a committee. She stated she thought it was more practical that each Commissioner appoint some on the committee. Theo Mitchelson, 340 Oceanwalk Drive N., addressed the signage issue in our commercial and industrial zoning districts, stating it is his understanding the proposal is to relax the current standards thereby permitting somewhat larger signs in our community. He stated he was asking not that they reject that but that they don't merely take a one size fits all problem and create a different problem with the one size fits all solution. He stated visibility is the lifeblood of most businesses but, at the same time, prior Commissions have labored long and hard to reduce the visual pollution that assaults us as we travel down our main corridors. He stated right now our nation and our community itself are struggling through tremendously difficult economic times and it is tempting in the name of enhancing business to loosen up the rules to try to help businesses in their struggles. He cautioned the Commission that a change made in the effort to assist this temporary financial crisis becomes a permanent fixture in our community and asked that they not weaken the current ordinance to the extent that they permit visual blight and pollution which they must then tolerate forever. He stated he suggests if they are going to consider larger signage, at the very least, to think of it for the reason they are considering it and have larger signage reserved solely for businesses way off a main access road and not merely make a new rule change that permits small businesses right against one of our main roads to then enlarge all their signs and come at us with that visual assault as we go. December 12, 2011 REGULAR COMMISSION MEETING Page 3 Mitch Reeves, 1663 Sea Oats Drive, addressed the Commission stating the last 45 days have been quite interesting with the Commission. He stated he has been able to attend different Commission meetings, workshops and sunshine law meetings. He stated he was really surprised in these open meetings how one Commissioner can coach another Commissioner in how to present a resolution or motion before the council. He stated he thought it very interesting that we have elected commissioners who are not capable of actually explaining what they want to do. He stated this election was a very interesting election and he supported some of them and some of them he didn't, but he supports everybody who is sitting up here today as he expects each of them to support everyone else in this City. He stated he understands people want to move fast, they make promises in elections, they want to do what's right and he hopes that they do what's right, but he believes one commissioner said it best in stating, let's take a deep breath, go slow. He stated we aren't in a rush here. He stated they have realized it's not a honeymoon but decisions do have to be made and not everyone is going to agree. He expressed concern in whether they are going to act as a commission as they are elected to do or are they going to micro -mind the City. He stated a topic was brought up about reorganization and asked if we want to spend $25,000- $50,000 to see if we need to reorganize. He stated maybe we do, maybe we don't, but do we need to do it now. He stated what they need to do now is focus on the most important thing that is going on in this City, the retirement. He stated they need to spend all of their efforts on the retirement plan and then move on to the other things. He stated he questions each of them if they are acting as a Commissioner or do they want to micro -mind the City. He stated if that is really what they want to do then look at the Charter and change the Charter. He stated in one of the meetings he heard the term "witch hunt ", stating if they are in a witch hunt or have other reasons to reorganize such as not liking the Assistant City Manager, or don't like the City Manager then call it what it is, stand up and say it. He stated Commissioners have been saying they need a transparent government, but when you read the emails there is nothing transparent about them. He stated there are emails that citizens write and commissioners write back and then they blind copy the press. He stated if they are transparent why would they blind copy an editor, why not just cc them. He stated that is transparent, tell everybody they sent it. He stated he is okay with that. He further stated he doesn't care if the meetings are at 6:30 or 7:00 and he hopes this room fills up at 7:00, but he suspects it will still be the same people who come. He stated he wants the Commission to make sure that they follow their duties and do what's right for all of the citizens, not just the ones each of them promised to. Dezmond Waters IV, 1835 Seminole Road, spoke on behalf of Dutton Island Gardeners (DIG) and referred to the request before the Commission for matching funds under the beautification policy. He stated they have looked at the criteria the City has and believe, with the exception of beach access, it meets all of the criteria. He stated if they have any questions, along with the written proposal, they included the contact list for the committee members and the Commission should feel free to contact any of them with any questions or ideas they may have. He thanked the Commission for their initial support in giving them the property and for their continued support in considering their request this evening. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. December 12, 2011 REGULAR COMMISSION MEETING Page 4 Mr. Hanson addressed Mr. Waters' comments, explaining his request further. He stated what they are proposing is to have a project that is similar to the beach access improvements that the City has a policy on. He suggested the Commission look it over and make a decision on it at another Commission meeting but stated there is nothing budgeted for this year for matching but that is not to say the Commission could not put something in there for it. Mayor Borno asked Mr. Waters if putting this on the first meeting in January would work for them. Mr. Waters stated it would. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report, Utility Sales Report and List of New Businesses for November 2011 and the Financial Report for October 2011. B. Approve Amendment Number Two to Interlocal Agreement between the City of Jacksonville and the City of Atlantic Beach for 9 -1 -1 User Fee Distribution in Fiscal Year 2011 -2012 and authorize the Mayor and City Manager to sign the paperwork. C. Authorize the Chief of Police to sign the Voluntary Cooperation Mutual Aid Agreement for the Police Department to participate in the local Child Abduction Response Team (CART). D. Approve the requested fee increase of $3,719.63 to the First Vehicle Services contract for the period of 12/1/11 through 11/30/12 and authorize the City Manager to sign the proposed contract amendment. Mayor Borno read the Consent Agenda. Commissioner Woods pulled Item A. Motion: Approve Consent Agenda Item B, C, & D as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Woods commented on the water loss stating our 12 month average continues to go up. She stated when she has brought this up in the past she has been told they are doing things to help the number stabilize or decrease, including replacing meters, yet the numbers still continue to increase. She stated she believes they need to do some research on the meters they are using and to take a fresh look at the water loss to see if they can't come up with a better solution. Commissioner Beckenbach asked that staff check on this for the next meeting. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Woods December 12, 2011 REGULAR COMMISSION MEETING Pace 5 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 11-28 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING POLICE OFFICER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLAN SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS. Mayor Borno read Resolution No. 11 -28 by title. Motion: Approve Resolution No. 11 -28. Moved by Daugherty, Seconded by Borno Mayor Borno explained this resolution resulted from a request from the Florida League of Cities throughout the whole State to support getting away from unfunded mandates and allow all the local legislative bodies to have a level playing field and to do their own negotiations of collective bargaining. He stated it is time to ask for relief and to allow local rule to have local rule. Commissioner Daugherty agreed with Mayor Borno stating our hands are tied due to funding, etc. and believes self rule is very important. Commissioner Woods stated she had some concerns and apprehensions regarding the portion reading "Whereas, the Florida Legislature transferred all operational and administrative control of police pension plans from the City of Atlantic Beach to a legislatively created board of trustees, a separate legal entity apart from the City of Atlantic Beach that exercises broad powers outside the City of Atlantic Beach's control." She stated that sounds good because it is taking powers away from the City of Atlantic Beach but asked what do we really know about managing pension plans and are we qualified as a City to do that. She stated she believes this is all encompassing and asked if we are just saying we want control of what we are doing with our pensions and don't want the State to tell us what we need to do. Mr. Hanson explained the State has dictated a lot of the rules for the local pension boards and believes one point of this resolution is to say that the State should get out of dictating how local government should set up their pension boards. He stated basically the State ties your hands and the point of all of this is to let the local decisions be made locally. Commissioner Woods stated she doesn't have enough history at this point to say that everything that is in this resolution is something that the City categorically should support. Mayor Borno further explained to try to get the legislature out of this has been an issue cities have been working on for years and they finally have put it in one large format to ask for it overall. He stated there are quite a few bills being introduced to support some of this. He encouraged the Commission to consider supporting this resolution. Commissioner Beckenbach asked to defer this resolution until after the pension and shade meetings to see if these items coincide with what we are talking about as a city. Mayor Borno December 12, 2011 REGULAR COMMISSION MEETING Page 6 stated he would not want to defer it because the legislative session begins on the January 3 and if we don't get their attention now while they are in delegation and getting their bills together and their committees are working on these type things then the chances of getting it supported overall throughout the whole state will fall behind. He stated what they are asking for tonight is to ask the legislature to allow us to have control to do our union negotiations and be relieved of all the things that have been put on the cities since 1999. Commissioner Daugherty stated they get the agenda on Wednesday and they have time to contact the City Manager or Alan Jensen and they have time to do research and it sounds like they haven't read it yet. He stated it bothers him that they don't have a clear understanding of what is on the agenda. He stated they should be able to come to a meeting and be prepared to vote and do their homework beforehand. Discussion ensued. City Attorney Jensen stated, in his opinion, they are not getting into any specifics of union negotiations if they vote for or against this resolution. Mr. Hanson stated he believes what this is trying to say is that the cities support reform to the State law and it is not intended at all to say your city supports this type of pension plan. He stated it is saying the cities are tired of having their hands tied by the State legislature and want the laws reformed. Further discussion ensued. Commissioner Daugherty called the question. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno then asked for a vote on the resolution. Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 1- Woods MOTION CARRIED B. RESOLUTION NO. 11-29 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF CITIES 2012 LEGISLATIVE ACTION AGENDA, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Borno read Resolution No. 11 -29 by title. Motion: Approve Resolution No. 11 -29. Moved by Mark, Seconded by Borno Mayor Borno explained the resolution, stating he provided the Commission with the ten priorities that came out of the five legislative committees from the Florida League of Cities conference in November. He stated this resolution will go to the legislators showing city support throughout the State. December 12 2011 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 4 — Borno, Beckenbach, Daugherty, Mark Nay: 1- Woods MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 60-12-17, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES WHICH REGULATES SIGNS AND ADVERTISING STRUCTURES AS ADOPTED BY ORDINANCE NUMBER 60 -02- 12, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 17 -29, SIGNS PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 60 -12 -17 by title. Motion: Approve Ordinance No. 60- 12 -17. Moved by Woods, Seconded by Daugherty Commissioner Beckenbach asked if this sign ordinance allows the 200 s.£ whether someone is in a shopping center or right on the street. Mayor Borno stated yes, depending on the footage. Commissioner Beckenbach stated maybe they should consider a difference between being right on the road versus being in a shopping center that is so many feet away. Building Official Mike Griffin explained that the one square foot for each foot of lineal building front is a typical way that signs are approved. He stated smaller buildings are usually up front closer to the street and the larger buildings are farther from the street. He stated when they took this to the Community Development Board they looked at several other cities. He stated in St. Augustine their max is 250 s.£, Jacksonville Beach is 250 s.£, Jacksonville is 300 s.£, and Neptune Beach is 200 s.f. so they are trying to be compatible with Neptune Beach. He stated he does not believe they have a large problem with the way the sign code is proposed but there is a problem with the way it exists now because with the 48 s.f maximum and the 60 s.f. maximum it puts many existing wall signs out of compliance. Mayor Borno stated if Commissioner Beckenbach believes some verbiage should be changed it can be submitted for the second reading. Commissioner Daugherty suggested having a minimum setback for the 200 s.£ signage. Mayor Borno encouraged the Commissioners to get with the City Manager with their proposed amended language for inclusion in the second reading. Commissioner Woods stated she is hoping that signage is discussed at the Town Hall meetings so they can get input from the business community and citizens on how to address these problems. December 12 2011 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 5-12-54, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 2 DIVISION 2 CODE ENFORCEMENT BOARD OF THE CITY CODE PROVIDING FOR POWERS OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING PROCEDURES; PROVIDING FOR ADMINISTRATIVE FINES LIENS AND MONEY JUDGEMENTS; PROVIDING FOR A FEE STRUCTURE FOR RELEASE OF LIENS; PROVING FOR PROCEDURES FOR CONTEST, APPEAL AND REHEARING; PROVIDING NOTICE REQUIREMENTS. Mayor Borno read Ordinance No. 5 -12 -54 by title. Motion: Approve Ordinance No. 5- 12 -54. Moved by Woods, Seconded by Mark Commissioner Woods suggested changing businessman to businessperson in Section 2- 141(b) and questioned whether in 2 -147.9 mail meant certified mail and asked about the wording in 2 -147.4 (1) (c). Mr. Griffin explained that was directly out of the Florida Statute. He stated if you leave notice with someone 16 years of age then that is notice. He stated, regarding the certified mail question, that can be regular mail. He stated if we have to get certified mail it is difficult, so the courts have allowed regular mail for the order. He stated the violator is supposed to be present at the hearing so we are just sending a regular mail following the hearing to the residence. Commissioner Woods also questioned the options of noticing the person in 2 -147.4 and then when you get to 2 -149 (4) it only gives the violator one option of notifying the City and asked if that is common practice or should they get the same options the City gets. Mr. Griffin stated that is their only option. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NUMBER 5- 12 -55, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO CHANGE THE TIME OF REGULAR MEETINGS TO 7:00 P.M. AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -12 -55 by title. Motion: Approve Ordinance No. 5- 12 -55. Moved by Woods, Seconded by Beckenbach Commissioner Daugherty asked to amend this to 6:30 stating it will be more considerate of staff's time and will still accomplish the goal of making the meetings more accessible to citizens. December 12, 2011 REGULAR COMMISSION MEETING Page 9 Commissioner Woods stated she doesn't have a problem with 6:30 but would like to have hot button issues held at the end of the meetings to accommodate those who can't get here until 7:00. Mr. Hanson stated the order of business is specified in the City Code so they can change that. He also noted that in the past they have tried to put the larger issues a little earlier and it is up to the Mayor's discretion to be able to move them at the request of any Commissioner. He stated when the Chamber has been packed with people the feeling has been to get the item they are here to hear about up first. He stated he believes the way to handle this would be appropriately through a request to the Mayor and if there is a group coming that a Commissioner believes need to be here but aren't yet, it would be an appropriate time to make the request to the Mayor. Motion: Amend time from 7:00 p.m. to 6:30 p.m. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the amended ordinance. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Motion: Amend ordinance to eliminate "additional regular meetings shall be held on the night of every election" from Sec. 2 -16. Moved by Woods, Seconded by Daugherty City Attorney Alan Jensen explained he discussed this with City Clerk Donna Bartle and was told this has been eliminated by the Charter because there is no need to have a regular meeting on the night of every election anymore. He stated in preparing the ordinance he also prepared a second ordinance which proposed the elimination of that last sentence. He stated this removal will make the ordinance consistent with Section 14 of the Charter. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Motion: Approve second amendment of ordinance to delete sentence above. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED December 12, 2011 REGULAR COMMISSION MEETING Page 10 8. Miscellaneous Business A. Names submitted for Tideviews pier. Mr. Hanson stated there was a list attached to the agenda of names submitted in response to the Commission's request for public input for names for the new pier. Commissioner Woods proposed the Lyman Fletcher Sunset Pier out of respect for previous mayor Lyman Fletcher whose dedication to acquiring our marsh front for the City began the quest for our parks and marshes. Motion: Name the pier Lyman Fletcher Sunset Pier. Moved by Woods Motion died due to lack of a second. Commissioner Daugherty stated since five of the people submitting suggestions made some reference to sunset and one of the definite aspects of the pier is the fact that it is a great place to watch the sunset, he proposed naming the pier Sunset Pier. Motion: Name the pier Sunset Pier. Moved by Daugherty, Seconded by Beckenbach Mayor Borno stated he understands Commissioner Woods wanting to afford the courtesy to former mayor Lyman Fletcher and agreed that he has been very instrumental in this but explained they have already named the Dutton Island pavilion after him. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Report on Grant Application/Administrative Costs. Mr. Hanson stated the Commission asked for estimates of the time being spent on grant application administration and he asked Assistant City Manager David Thompson to put together a report on this. Mr. Thompson summarized his report stating this requires no action from the Commission. He explained sometimes it is difficult to predict what you are going to put into these grants both for the application and administration. At the request of Mayor Borno, Mr. Thompson also explained in detail the energy grant. Commissioner Daugherty asked who would be taking over the grant writing when Mr. Thompson leaves. Mr. Thompson stated he and the City Manager have discussed this and the grant and what needs to be done on each grant will determine to whom it will be assigned. Commissioner Daugherty asked the City Manager if these are some of the tasks he would envision for the Redevelopment and Zoning Coordinator position. Mr. Hanson explained the reason they were able to keep the Community Development Director's job open was because zoning activity was down and they were also able to move some of the work to other people, one big piece of which went to David Thompson December 12, 2011 REGULAR COMMISSION MEETING Page 11 — the regular Community Development Block Grant process. He explained what that grant process involves and stated, with Mr. Thompson's leaving, that was one piece they will have to find a place to put. Discussion ensued. C. Automated Vehicle Locator System. Mr. Jensen left the meeting at 7:41 p.m. Mr. Thompson summarized his staff report and explained the system stating this is a management tool that shows where vehicles are and what speeds they are going. Mr. Jensen returned at 7:44 p.m. Mr. Thompson explained they have gone through a competitive bid process and staff is recommending the City award this bid to the low bidder. Motion: Award the purchase of the AV I, system to Safety Products, Inc. and authorize the Mayor or City Manager to sign the related documents. Moved by Beckenbach, Seconded by Mark Commissioner Beckenbach asked if they know if the system is working good enough that it is worth the money. Mr. Thompson stated the current system, Fleetmatics is becoming less reliable which is believed to be due to their upgrading some of their software. He stated they will not know the reliability of the new company until they use them but he has spoken to others who use them and they were very positive as far as reliability, customer service, etc. Commissioner Daugherty agreed this is a very effective management tool. Commissioner Woods asked if this contract is renewable in three years. Mr. Thompson stated he did not ask because the price may go down in three year and it may be a good time to re- evaluate. Commissioner Daugherty asked if the equipment is proprietary. Mr. Thompson stated he did not ask that but usually when you purchase the equipment from one company you can't have another company track it for you. Commissioner Daugherty stated he would like to put some options in the contract such as renewing at a set rate. Mr. Thompson stated if they have something they want included to let him know and he will make sure they write it in the contract. Mayor Bomo stated this will also provide a degree of safety to our employees should something happen. He stated the City can locate the vehicle if the employee is unable to get back to them. He stated he sees this as more than just tracking and efficiency. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. Estimated Cost to Install Stamped Asphalt Crosswalk at the Orchid Street Bike Path Crossing. December 12, 2011 REGULAR COMMISSION MEETING Page 12 Rick Carper summarized his staff report stating he spoke with two vendors to get an estimate for stamped asphalt rather than the stamped concrete previously presented to the Commission for the Orchid Street crosswalk. He stated the quote he received from Design Paving was $2,640 or $11 /s.f. He stated Duval Asphalt quoted $14 /s.f. and recommended they mill the existing crosswalk, put a new surface down and thirty days later install the friction pave product over the top of the new surface. He stated Design Paving, based on the pictures they were sent, said they could put the product on the existing surface. Motion: Hire Design Paving to put in the textured asphalt for $2,640. Moved by Daugherty, Seconded by Beckenbach Discussion ensued regarding the stamped concrete versus the stamped asphalt crosswalks. Mr. Carper and Chief Classey answered questions from the Commission. After further discussion, it was the consensus of the commission to use the stamped concrete instead of the stamped asphalt at this crosswalk. Commissioner Daugherty withdrew his motion; Commissioner Beckenbach withdrew his second. Motion: Use stamped concrete for crosswalk at an estimated cost of $4,600. Moved by Daugherty, Seconded by Beckenbach Commissioner Beckenbach asked what the cost would be. Mr. Carper stated he had one quote for $4,600, so it would not be more than that. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a recess at 8:21 p.m. The meeting reconvened at 8:26 p.m. E. Redevelopment and Zoning Coordinator. Commissioner Woods stated she was requesting to amend the approved motion " Authorize staff to restructure positions to replace the Community Development Director position, to reflect the changes noted above, and to authorize staff to recruit and hire a qualified person for the new position 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. that was approved on October 10, 2011. Motion: Amend above motion to set a timeframe for hiring the Redevelopment and Zoning Coordinator to be after Strategic Planning. Moved by Woods, Seconded by Beckenbach Commissioner Daugherty stated he believes now is the time to hire this person so there will not be too much of a gap after David Thompson leaves. He stated the reason Sonya Doerr's position was held open was partly because David Thompson was able to cover a lot of the work that needed to be done December 12.2011 REGULAR COMMISSION _M EETING Page 13 but with him leaving there will be no one to do this work, especially Community Development Block grants. Commissioner Mark stated she also believes that if they stop the process now they may not have anyone to come into this position for six months or later. She stated the duties and responsibilities of this position are very important, particularly as we move forward and start looking at the positive ways we want to move our City forward. She stated she does not see the drawback in continuing the search and interviewing process for this position. Commissioner Beckenbach disagreed, stating he believes strategic planning will be when they will find out exactly what this Commission is looking toward and what the needs of the City are at that point to put someone in. He stated as far as the job description is concerned he knows that in Planning and Zoning they have someone who is more than capable of doing Planning and Zoning right now so if there is a concern about whether they will have someone with that ability and whether the citizens will not have that employee available he does not feel the same way. He stated he believes Erika Hall is more than capable of filling that role as well as meet any of the criteria required within that job description. He stated he doesn't see the need until after they find out exactly what they want to do and how they want to do it and then whatever Ms. Hall or Mike Griffin are incapable of doing then they can go ahead and add someone else on to help if they do need some assistance. At the request of Commissioner Daugherty, Mr. Hanson explained the description and duties of this position and how it has been split among the staff. He stated the closing for the position was last Friday and they have received 31 applications. Commissioner Woods asked what the timing was for the Community Development Block Grants. Mr. Hanson stated it is very soon. Mr. Thompson stated they typically want us to submit the projects to them by February of each year to tell them how we want to spend the money for the coming year. He further explained the process. Commissioner Woods asked who is doing this work. Mr. Thompson stated he is doing the majority of it with assistance from Donna Kaluzniak. Commissioner Woods stated there was some discussion that we have all these qualifications on staff and she would like to ask Mike Griffin and Erika Hall what their degrees are in and if there is anything in these duties and knowledge skills and abilities that they would not be able to handle. Mr. Hanson raised a point of order, stating if they are talking about hiring a position the City Charter does not allow the Commission to do that. Commissioner Woods stated the discussion was whether they need additional staff and whether they already have capable staff on hand. She stated she is asking if they can use the staff and their skills that they have and wait until they have gone through the process to see whether they need this position. She stated tonight they are changing the duties and responsibilities which proves her point that they don't really know what they want and need this person to be doing. She stated as far as the duties, knowledge skills and abilities that are in the vacancy announcement she believes we have the staff on hand who can handle this for the next couple of months. Mr. Hanson stated he differs with her in that he believes it is highly inappropriate to speak about the pros and cons of any one particular person in a public forum and whether or not they can handle any particular job. She stated perhaps her wording could have been better but her understanding is that they both have degrees and experience with all of the duties, skills, abilities and knowledge that are in this vacancy announcement and believes their degrees point to that. She stated she is just asking for verification. She stated as they sit here tonight this position's requirements have changed which is why she brought this up that it should be postponed until they really know what they want this position to be. She stated they don't know, it is evolving and changing as they speak. December 12. 2011 REGULAR COMMISSIO MEETING page 14 Mayor Borno stated there are adjustments to anything and the vacancy announcement provided a good overview. He stated he does not believe they will ever totally describe a job description and in his opinion there is a necessity to fill an existing job and he supports that they fill it. He stated there are always adjustments to job descriptions and it is the responsibility of the City Manager to fill the position. Commissioner Woods stated she believes it would be a bigger disservice to the City to hire the wrong person and task them with a job that really isn't what the City needs, which is a huge potential waste of taxpayer dollars. Commissioner Mark stated this position has been discussed and fashioned to accommodate what we are looking at for the City in the future. She stated it would be unrealistic to say this is the job and this is all this person is ever going to do or be. She stated if we have staff here who feel they are qualified for this job, it was open to anyone to apply. Commissioner Daugherty called the question. Votes: Aye: 3 — Borno, Daugherty, Mark Nay: 2 - Beckenbach, Woods MOTION CARRIED Mayor Borno called for the vote on the motion. Votes: Aye: 2 - Beckenbach, Woods Nay: 3 — Borno, Daugherty, Mark MOTION FAILED F. City Government Organizational Review. Motion: Direct staff to research and invite qualified firms, who can perform a comprehensive review of the City's organization and operations, to make presentations for the Commission's consideration. Moved by Woods, Seconded by Beckenbach Commissioner Woods stated there is nothing to be afraid of by looking at your reorganization. She stated we need to reevaluate where we are and how we are doing our business and spending our money. She stated there are a lot of things that have strained our budget, i.e., pension, and we need to look at everything the City is doing to see how it can be streamlined, more efficient, cost effective and still service the citizens at the level they would like and feel is justified to pay for. She stated people generally don't mind paying taxes for services and amenities they feel are fair but do mind paying for waste and it is the Commission's job to make sure our taxpayer dollars are not being wasted. She stated it is their duty to periodically provide organizational oversight. She stated she would like to invite some companies in to speak with the Commission so everyone would understand what the process for an organizational review would be. She stated they can then decide at a later point if they want to move ahead with the review. Commissioner Daugherty stated he is not adverse to getting proposals but believes we are pretty tight in our organization and that Mr. Hanson has done a phenomenal job in managing the City. December 12, 2011 _ REGULAR COMMISSION MEETING Page 15 Commissioner Mark asked if the qualified firms would determine which departments they felt would need reviewing or would that come from us. Commissioner Woods stated it would all be Commission driven. She stated generally a comprehensive review would look at all of the divisions in the City. Commissioner Mark stated she is not opposed to having firms come talk to the Commission about the process but would want them to be cognizant and have it clearly stated how much staff time this will take versus what the benefit will yield. She stated we have a lot of pretty important items coming up as Commissioners in the next few months which will demand a lot of staff time as well. She stated she is not saying this is not important and something that doesn't need to be addressed at some point, but she wants it to be clear in the presentations how much staff time will be required. Mr. Hanson stated he believes we have a serious issue with workload here and top staff all work a lot more than 40 hours /week and running the City is a full time job plus. He stated there has been an unusual amount of things the Commission has recently put in front of staff as tasks on top of the normal running of the City. He stated we have the pension issue, tipping fees moving ahead, filling the Human Resources Manager position, the police building, etc. He stated with David Thompson leaving we have a tremendous workload issue to resolve. He stated staff is getting pretty close to overload and may well be overloaded now. He suggested they wait until strategic planning to have a discussion about the main projects. He stated staff will do everything they can but they can't do everything. He stated they need to talk about all of the projects at one time and discuss how much manpower they have to be able to accomplish all of these things. Mayor Borno stated he believes an organizational review should be driven by need and he believes we are making too many mandates and priorities. He stated this is from enthusiasm because this is a new commission and there are a lot of things they want to see done, but they need to walk through the process. He stated our main process is strategic planning and they are still working through last year's with several issues coming up. He stated there is nothing wrong with the idea but it is out of sync on where we should be putting it in the requirements. Commissioner Daugherty stated he agreed and believes this is a strategic plan item. Commissioner Beckenbach stated he understands, so if they withdraw it they can bring it back up around strategic planning. Commissioner Woods disagreed stating she believes this information is important to have when they go to strategic planning. She stated now, while we are in the flux, this is the time to do the organizational review to see how they want it to come out from all these changes that are going on. She stated they can take the information they get from the review to strategic planning and see how they want to go from there. She stated she believes to go to strategic planning and say these are the results we want from the organizational review is backwards. Mayor Borno stated the issue is priorities and to be able to put the time in to do this. He stated an important part of strategic planning is they are supposed to plan as a unit where the priorities fall out and then they can get to those things and get something done. He stated his strong feeling is that to do this now and put another priority on staff they will not get any results. Mr. Hanson stated since they normally have strategic planning in February or March, there is no way they could get such a review done by then. He stated they may be able to have a consultant come in and tell them what a review is about, but they could not get someone under contract to do a study and have a report back by that time. December 12, 2011 REGULAR COMMISSION MEETING Page 16 Commissioner Woods stated this motion is to have the firms come talk to the Commission about what the process would be and then they can decide whether they want to move ahead and when, but she believes having that information on hand is important. She stated she has had firms contact her about this and there are firms ready to come and talk to us. She stated it is not a huge commitment to gather information to consider the process. She stated she is not asking for a commitment to the process at this point. Commissioner Beckenbach stated this is just asking for information about what these corporations can and will do. He stated if they ask the companies to come in toward the end of February then they would be able to make a reasonable decision as to whether or not it would even be worthwhile discussing it at strategic planning. Commissioner Mark agreed it needs to be done either before or concurrent with our strategic planning workshop. Mayor Borno stated this would not fit into the criteria of a real strategic planning workshop. He stated those take two nights as it is right now. He stated if there is any information to be gleaned he believes it should be done in a separate venue. He asked Commissioner Woods to give the company names to Mr. Hanson so he can contact them to schedule presentations prior to Strategic Planning. Commissioner Woods agreed. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED G. Selection of Mayor Pro Tempore. Mayor Borno nominated Maria Mark to be Mayor Pro Tem. Motion: Appoint Maria Mark to serve as Mayor Pro Tem. Moved by Borno, Seconded by Beckenbach Votes: Aye: 3 — Borno, Beckenbach, Mark Nay: 2 — Daugherty, Woods MOTION CARRIED H. Appoint Commissioner to the Board Member Review Committee. Mayor Borno nominated Jonathan Daugherty to serve as Chairman of the Board Member Review Committee. Motion: Appoint Jonathan Daugherty to serve as Chairman of the Board Member Review Committee. Moved by Borno, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED December 12 2011 REGULAR COMMISSION MEETING Page 17 I. Creating Committees and Appointing Members of Committees. City Attorney Alan Jensen stated he submitted his report in writing and if anyone had any questions he would discuss them. Commissioner Beckenbach stated before he asked for Mr. Jensen's opinion he went to four other attorneys. He stated the opinion given by Mr. Jensen is saying the Mayor "shall" instead of the Mayor "may" and the Commission "shall not" appoint committee members, yet in Section 9 the Commission is given the power over the policies and procedures of the City of Atlantic Beach. He stated after speaking to the other four attorneys, he believes that the Mayor does have the opportunity to appoint a committee but so does the Commission. He questioned how can the Commission themselves look at this and say Mr. Jensen's opinion is what we have to go with. He stated he would like to defer this to the next meeting for further discussion. Commissioner Woods agreed to move this to the next meeting. Mayor Borno stated through precedents in history the Mayors put things together, which does not mean he will not work with the Commission on it. He stated he fully expects to carry that out. He stated he will discuss it with the Commission and will work out the issue at that time. He stated he does not believe there is any doubt about what the Charter says and if Commissioner Beckenbach has a challenge with the wording or the way the Charter is written then he can ask for a Charter review or amend the Charter through a vote of the citizens. Commissioner Beckenbach stated he understands that Mayor Borno is willing to work with the Commission and he always looks at the Commission as a majority vote. Discussion ensued. City Attorney Jensen stated it is important to understand that none of them were involved in writing the Charter or the rewrite and it could have been written better and could be clearer. He stated he cited an example from Jacksonville Beach that the mayor appoints the committees subject to the approval of the city council. He stated our Charter does not include that. He stated the Mayor in Atlantic Beach has always appointed committees. He stated he would like the opportunity to speak with the attorneys Commissioner Beckenbach discussed this with to see what their opinion is based on, to see what their background is, what kind of law they practice, and what kind of experience they have in local government law. He further stated he has been doing this a long time and he goes to seminars at least annually to keep up to date on these things. He stated not that that makes his opinion any more than any other attorney's opinion but he always looks into the background, history and experience in this particular area of law of other attorneys in evaluating any opinion. He stated you can ask ten lawyers their opinion on something and will get ten different answers. Commissioner Beckenbach agreed stating if they have ten different opinions then the final decision is by the Commission and once they vote to decide what the interpretation is that is the way it will be held during this period of time until there is another commission that comes in and reads it differently. Discussion ensued. Commissioner Woods asked for clarification that Mayor Borno is taking the position that he is the only one able to appoint committees and committee members. Mayor Borno stated that is what it says in the Charter. Commissioner Woods stated she totally disagrees with that and if that is how December 12, 2011 REGULAR COMMISSION MEETING Page 18 he is going to move ahead with this committee she believes that is inappropriate until they as a Commission have decided whether they are going to take Mr. Jensen's opinion as the way they are going to interpret it or if they are going to vote on another interpretation. She stated she is not sure this is resolved enough for the Mayor to just move ahead with this. City Attorney Jensen stated this hasn't been a problem for Commissioner Woods for the past four years and this is always the way it has been done and the Charter has been interpreted that the Mayor appoints committees. Commissioner Woods stated maybe the Commission has not asked to appoint committees before but the Charter to her clearly says that the Commission can appoint committees. Mr. Jensen asked her where it says that, stating it does not say that. Commissioner Woods stated it says exactly that. Mr. Jensen asked her to read where it says that. Commissioner Woods read from Mr. Jensen's report. She asked him if he is saying that only the mayor can appoint a committee that the commission wants. Mr. Jensen stated that is what the Charter says. Commissioners Beckenbach and Woods disagreed. Mr. Hanson stated the issue is Commissioner Beckenbach's proposal for the police building, stating they have a police building workshop in two nights and believes they could discuss the specific committee for the police building after that. J. Reconsideration by City Commission of Past Actions. Mr. Jensen stated they have his report and if there are any questions he would discuss it. Commissioner Woods stated her motion was an amendment of what had been passed before, not a reconsideration of that. 9. City Manager A. City Manager's Report. City Manager Jim Hanson reported on a notice of intent to sue and the latest alcohol deployment that checked 24 places and got no sales in any of them. He also gave kudos to Donna Kaluzniak for dealing with the block grant funds for the sewer rehab, stating she was able to get approvals from all the people to use the last of the money. 10. Reports and /or requests from City Commissioners and City Attorney Commissioner Mark • Thanked Chief Classey for the work they have done in Jordan, stating she has received no more complaints from citizens. • Reminded everyone of the Town Hall meetings in January. • Thanked David Thompson for his service to the City. • Thanked everyone for their well wishes for her medical emergency and reported she is doing fine and is glad to be back. Commissioner Daugherty • Congratulated Maria. • Stated he was upset we were unable to get the grant for the study on pedestrian safety and would like in Strategic Planning to look at asking the police department to do a study and come back with recommendations for improvements we can do for pedestrian safety. • Wished everyone a Merry Christmas and Happy New Year. December 12 2011 REGULAR COMMISSION MEETING Paze 19 Mayor Borno • Reported on the meeting he and City Manager Hanson had with Jacksonville's Chief of Staff, Chris Hand regarding the tipping fee audit. • Congratulated David Thompson on his new career in Tennessee. • Reported that Sonya Doerr's health is deteriorating and asked that everyone keep her in their prayers. • Wished everyone a Merry Christmas. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:46 p.m. Mike Borno Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk AGENDA ITEM # 3A JANUARY 9, 2012 January 3, 2012 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanson Cit3��o SUBJECT: Follow -up port Use of On -line Auctions City Commission expressed an interest in exploring the possible use of on -line auction sites for disposal of surplus City equipment several months ago. Historically, most of the City vehicles and other large items had been sold at local, on -site public auctions. Many years ago, the City of Atlantic Beach sponsored auctions at the Public Works facility once a year to dispose of surplus property. More recently, Atlantic Beach has joined with Jacksonville Beach to hold joint auctions in Jacksonville Beach on a yearly basis. The Police Department has been using an on -line auction company for a few years to dispose of some surplus property. Most of those have been abandoned and forfeited items of small value. In recent months, staff has tried out two of the largest on -line auction sites that specialize in government surplus to sell two used 2004 police vehicles. This allowed the staff to evaluate revenue received as well as the time and effort needed to place an item for sale through an on- line auction site versus a traditional auction. It was determined that the money received for sale of the vehicles through the on -line auction sites is approximately the same that would be obtained using the traditional on site auction process. Additionally, it is anticipated that the amount of time and effort required to utilize on- line auctions will, with more experience, become approximately equal to the traditional auction methods. However, one advantage for disposal of many items through the on -line site is that it can be done at any time without having to leave the vehicle parked and unused for what is often a considerable amount of time at the Public Works yard. There is often an expense in returning the vehicles to running condition after they have been idle for several months. Consequently, the use of on -line auction sites can be a viable alternative. Auctions are already authorized in the City's Purchasing Policy which allows staff to "sell or cooperatively sell the property by public auction to the general public" so no policy changes are needed to utilize on- line auction sites. In the future, we plan to utilize both on -line and on -site auctions depending on the timing and other considerations. AGENDA ITEM # 3A JANUARY 9, 2012 Donation of Furniture for Sunset Pier by Marsh Preservation Society Representatives from the Marsh Preservation Society presented the City Commission with a proposal to put Adirondack chairs on the new Sunset Pier in Tide Views Preserve. Staff has reviewed the materials proposed and related issues in discussions with the MPS representatives. The original proposal was for removable furniture with the intent of allowing it to be moved for specific events or functions. However, it was determined that the potential for theft and vandalism was too high and that the furniture should be permanently installed. Staff has approved the revised furniture plan layout under the "COAB Memorial Donation Policy ". Copies of a drawing showing the layout of the furniture to be installed as well as pictures of furniture from the same manufacturer are attached for your information. These items fall under the guidelines that have previously been approved and do not require commission approval. 4 rr 1 i t } '- •� � + r + _..f • ., - , 1 1i - ri3x }' �wt��':'�.r�'•?Maa;r :Y. = Pr_��'.te�.:Sl 1 FR ' T Y . Alk 0 9 City of Atlantic Beach FINANCIAL REPORT NOVEMBER 2011 AGENDA ITEM # 4A JANUARY 9, 2012 Cash Balances Prior Current Dollar Fund(s) 10/31/11 11/30/11 Change General $5,085,407 $5,705,526 $620,119 Tree Replacement 3,509 3,509 0 Convention Development Tax (13,880) (52,230) (38,350) Local Option Gas Tax 93,290 118,638 25,348 Better Jax 1/2 Cent Sales Tax 153,619 151,952 (1,667) Police Training, Forfeiture, Grants, etc. 162,547 154,826 (7,721) Community Development Block & ARRA Grants (6,318) (15,213) (8,895) Debt Service 78,851 85,212 6,361 Capital Projects 2,252,997 2,306,676 53,679 Utility 4,306,688 4,065,036 (241,652) Sanitation 669,870 674,081 4,211 Building Code Enforcement 40,338 37,116 (3,222) Storm Water 1,039,838 1,048,122 8,284 Pension - Police 28,322 32,370 4,048 Pension - General 56,746 103,173 46,427 Investments - Unallocated Gains (Losses) (236) (165,315) (165,079) Total $13,951,588 $14,253,479 $301,891 N/A Subtotal 13,951,588 Total Restricted Cash 301,891 $7,628,612 Total Unrestricted Cash $6,624,867 Total $31,702,881 $31,875,331 $172,450 (1) 30 day SEC Yield as of 11/30/11 (2) Rate of return as of 11/30/11 Cash and Investments Prior Current Dollar Interest Account 10/31/11 11/30/11 Change Rate Bank of America - Depository $3,740,152 $4,139,890 $399,738 0.250% Pimco GNMA Fund 1,074,697 1,076,485 1,788 1.580%(l) Putnam US Government Income Fund 1,069,971 1,059,444 (10,527) 3.080%(l) Eaton Vance Government Obligation Fund 2,009,887 2,004,956 (4,931) 2.470%(l) Loomis Sayles Limited Term Government & Agency Fund 1,001,853 1,002,813 960 1.560%(1) Delaware Corporate Bond Fund 2,020,236 1,987,223 (33,013) 4.190% (1) Loomis Sayles Investment Grade Bond Fund 1,010,586 986,721 (23,865) 3.730%(l) Lord Abbett Income Fund 2,020,979 1,986,298 (34,681) 4.610%(1) MorganStanley SmithBarney AA Money Trust 0 6,422 6,422 0.010% SBA - Florida Prime 277 277 0 0.260% Cash on Hand 2,950 2,950 0 N/A Subtotal 13,951,588 14,253,479 301,891 Rate of Return Police Pension Investments 6,498,294 6,466,870 (31,424) -0.48%(2) General Pension Investments 11,252,999 11,154,982 (98,017) -0.87%(2) Subtotal 17,751,293 17,621,852 (129,441) Total $31,702,881 $31,875,331 $172,450 (1) 30 day SEC Yield as of 11/30/11 (2) Rate of return as of 11/30/11 AGENDA ITEM # 4A City of Atlantic Beach JANUARY 9, 2012 FINANCIAL REPORT NOVEMBER 2011 Revenues Fund / (Footnote) Annual Estimate YTD -16.7% of Estimate YTD Actual Dollar Variance Percent Variance General (1) $10,964,642 $1,831,095 $2,094,171 $263,076 14.37% Convention Development Tax 72,000 12,024 6,655 (5,369) - 44.65% Local Option Gas Tax 472,612 78,926 77,442 (1,484) -1.88% Better Jax 1/2 Ct Sales Tax 646,212 107,917 106,524 (1,393) -1.29% Police Training, Forfeiture & Grants, etc. 134,974 22,542 44,992 22,450 99.59% Grants 318,214 53,141 44,789 (8,352) - 15.72% Debt Service 71,300 11,907 12,627 720 6.05% Capital Projects (2) 2,255,737 376,708 105,349 (271,359) - 72.03% Utility (3) 8,368,949 1,397,615 1,669,803 272,188 19.48% Sanitation 1,804,500 301,352 297,765 (3,587) -1.19% Building Code Enforcement 265,900 44,405 29,064 (15,341) - 34.55% Storm Water 972,200 162,357 161,528 (829) -0.51% Pension - Police (4) 1,232,311 205,796 427,733 221,937 107.84% Pension - General (4) 2,122,019 354,377 931,902 577,525 162.97% Total $29,701,570 $4,960,162 $6,010,344 $1,050,182 Analysis of Major Variances (1) The $263,076 positive variance in the General Fund resulted from having received 18.9% of the budgeted property taxes & 28.2% of the budgeted franchise fees. Typically the majority of the property taxes are received from the City of Jacksonville in December & January. The franchise fees include receipts for August & September, 2011 & the true - up for fiscal year 2011. (2) The $271,359 negative variance in the Capital Projects Funds resulted from not having received the proceeds from a Loan. If the loan was not included in this calculation, the variance would be a positive 5.8 %. (3) The $272,188 positive variance in the Utility Funds resulted from receiving proceeds from the State Revolving Fund Loan. If the loan was not included in this calculation, the variance would be a positive 8 %. (4) The $221,937 positive variance in the Police Employee Pension Fund & the $577,525 positive variance in the General Employee Pension Fund resulted from changes in market values of the investments. City of Atlantic Beach AGENDA ITEM # 4A FINANCIAL REPORT JANUARY 9, 2012 NOVEMBER 2011 Expenses Analysis of Major Variances (1) The positive variance in the Public Safety divisions resulted from no expenditures fiscal year to date on the Police Building - see Project Activity Schedule. The variance without the budget for the Police Building is 17.6 %. (2) The negative variance in the Public Utilities department resulted from the October payment of principal and interest on the Utility Revenue Bonds and the State Revolving Fund Loan. The variance without the monies expended for Debt Service is .63 %. (3) The positive variance in the Personal Services is typical for the first few months of the new fiscal year due to the payroll expense only including two weeks of the month of October. The last 2 weeks of October were paid in the first week of November. This explains why approximately 28% of the budgeted payroll has not been expensed. Also, a few vacant positions have not been filled. Annual YTD -16.7% YTD Dollar Percent Department / (Footnote) Estimate of Estimate Actual Variance Variance Governing Body $41,986 $7,012 $6,484 $528 7.53% City Administration 2,673,887 446,539 364,234 82,305 18.43% General Government 765,368 127,817 142,745 (14,928) - 11.68% Planning and Building 478,867 79,971 70,813 9,158 11.45% Public Safety (1) 10,054,574 1,679,114 643,432 1,035,682 61.68% Recreation and Special Events 394,207 65,833 87,259 (21,426) - 32.55% Public Works 5,976,228 998,032 998,171 (139) -0.01% Public Utilities (2) 14,301,191 2,388,299 2,607,970 (219,671) -9.20% Pension - Police 587,832 98,168 105,944 (7,776) -7.92% Pension - General 740,710 123,699 122,710 989 0.80% Total $36,014,850 $6,014,484 $5,149,762 $864,722 Annual YTD -16.7% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personal Services (3) $9,872,555 $1,648,719 $1,190,305 $458,414 27.80% Operating Expenses 10,384,222 1,734,165 1,801,147 (66,982) -3.86% Capital Outlay (1) 11,802,218 1,970,972 613,334 1,357,638 68.88% Debt Service (2) 2,297,807 383,734 1,268,636 (884,902) - 230.60% Transfers 1,658,048 276,894 276,340 554 0.20% Total $36,014,850 $6,014,484 $5,149,762 $864,722 Analysis of Major Variances (1) The positive variance in the Public Safety divisions resulted from no expenditures fiscal year to date on the Police Building - see Project Activity Schedule. The variance without the budget for the Police Building is 17.6 %. (2) The negative variance in the Public Utilities department resulted from the October payment of principal and interest on the Utility Revenue Bonds and the State Revolving Fund Loan. The variance without the monies expended for Debt Service is .63 %. (3) The positive variance in the Personal Services is typical for the first few months of the new fiscal year due to the payroll expense only including two weeks of the month of October. The last 2 weeks of October were paid in the first week of November. This explains why approximately 28% of the budgeted payroll has not been expensed. Also, a few vacant positions have not been filled. City of Atlantic Beach FINANCIAL REPORT NOVEMBER 2011 Project Activity - Current Year Activit Only AGENDA ITEM # 4A JANUARY 9, 20I2 Project Name Project Number Budget YTD Actual YTD Balance Status Public Safety Retrofit HVAC Systems GG1201 190,414 0 190,414 Lifeguard Building Roof Replacement LG0901 4,750 0 4,750 Police Building Renovation /Design /Construction PS0504 4,432,582 0 4,432,582 1 Bull Park Playground Equipment Replacement PM1202 4,627,746 0 4,627,746 Public Utilities: PW1101 5,406 5,406 0 TMDL - Lift Station /Main Transfer Flow PU0906 72,810 5,157 67,653 1 Donner Subdivision Sewer Rehabilitation PU1015 175,590 0 175,590 Replace 2" Water Main - 11th Street PU1104 61,283 43,355 17,928 1 TMDL Upgrade /Construction - WWTP #1 PU1106 3,218,851 376,864 2,841,987 1 TMDL Sludge /Odor Improvements PU1110 2,392,784 85,477 2,307,307 1 Elevated Tank #1 - Internal Rehabilitation PU1201 40,000 0 40,000 Ground Storage Tank WP #2 - Interior Rehabilitation PU1202 40,000 0 40,000 Ground Storage Tanks WP #3 - Recoat Interior PU1203 60,000 0 60,000 Water Main - 12th Street at Ocean Blvd /Beach Ave PU1204 60,000 0 60,000 Water Main - 14th & 15th Street at Ocean Boulevard PU1205 140,000 0 140,000 Sewer Rehabilitation - Area B PU1206 300,000 0 300,000 Subtotal 6,561,318 510,853 6,050,465 Public Works: Riverbranch Preserve - Kayak & Canoe Launch PM0804 16,113 14,906 1,207 Veteran's Park - Phase II - Memorial Garden PM1110 2,632 0 2,632 Howell Park Bridge Replacement PM1201 25,000 0 25,000 Bull Park Playground Equipment Replacement PM1202 40,000 0 40,000 Sidewalk & Curb Replacement PW1101 5,406 5,406 0 Sidewalk & Curb Replacement PW1201 25,000 1,790 23,210 East Coast Drive Drainage Improvements PW1202 50,000 0 50,000 Subtotal 164,151 22,102 142,049 Total $11,353,215 $532,955 $10,820,260 Status Key A - Bid Advertised I - Project In- progress B - Bid Awarded N - Complete /Non - Capital C - Project Completed R - Re- budget Next Fiscal Year D - Design Completed X - Project Cancelled E - Design Phase C I AGENDA ITEM # 4A JANUARY 9, 2012 w b O c U O O lj 4w O MI O � •� �+ a 3^o ca � O O O U� o� `'•" a� -,Z) c q p v v O O y 0 W ' 3 a ° O v O • O a> � O ti b ° d cd W N O x R. > OQ, 0 v� > z • O� p Z to 0 0 ci O O ci a O U U �a z -b A O Ov O r-. a �H z z d° ACA 3 �F a r V r r. 1 ° oU an) = . -Q Q) Q r a ° W °'° C)= w U - ,z °' a 'ti o a °� o C a . .. w b cd o ° U w U II o II a I� 1 t o z U C: 6 ti II HS aac7 a ,-, a O U Quu C) u u � a z \ o Ln cd W 0 A O :: � 4O • O p � U �r c a O F. 4 w u. U 5 V O `d O y O O O 4 U w II cn cd to cio O O V O V u. O y 0 b O CIS O o y t. O L 6) O p -� �+ •�. O z Q cd 0 '� cd '� O 11" w O a '� c� v�u �' O w H ��� II II v1 O V] 0 O � U 1 3 O O a a Hw gU QgU wqU W4 Q C •-� N M � � � u , G AGENDA ITEM # 4A JANUARY 9,2012 2 � 0 � ( � � o § � t 2 7 g a § E S 2 k \ ® q C . § ■ " 2 � § q — \ S § § 7 £ � 4 $ t .■ 2 w § § 0 / U U Q U a Poo W E A7 w� v 0 /_ k k / 0 V. / 0 /2 U Q § % � § 7 w / 0 \ 7 z § q a ! ƒ \ \ Quu u 2 � \ q ,/ ƒ 0 % 2 4 / © / ca / ca �� � (— �� ca� \ \ -, ° ®§ m U k w e M ° ® a R u -0 3 G o ƒ } CL W f m 2 k \ ƒ 0 � § i / d "Cl § P § / 2 � w k PREPARED 1/03/12, 8:35:30 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR YEAR: 2012 BETWEEN: 12/01/11 TO 12/31/11 PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES ------------------ --------------------------------------------------------------------- LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUS PHONE # BUSINESS ADDRESS ------------------------------------------------------------------- 12- 00007477 A E JANITORIAL 12/13/11 NEW CLEANING /JANITORIAL /MAID SERVICE 904- 554 -0673 900 PLAZA ATLANTIC BEACH FL 32233 12- 00007478 AIA SPECIALTY CONSTRUCTION, LL 12/13/11 NEW MISC. SERVICE ESTABLISHMENT, NOT L904- 866 -8391 1324 BEGONIA ST ATLANTIC BEACH FL 32233 12- 00007476 BEADSBYTHEC 12/06/11 NEW MISC. SERVICE ESTABLISHMENT, NOT L904- 247 -3772 3933RD ST ATLANTIC BEACH FL 32233 12- 00007473 BLUE RIBBON COURTESIES, LLC 2051 VELA NORTE CIR ATLANTIC BEACH FL 32233 12- 00007479 CANTRELL CONSTRUCTION, INC. 606 DAVID ST ATLANTIC BEACH FL 32233 12- 00007480 CANTRELL CONSTRUCTION, INC. 606 DAVID ST ATLANTIC BEACH FL 32233 12- 00007474 MSHACK 299 ATLANTIC BLVD ATLANTIC BEACH FL 32233 12- 00007481 NANCY C HARRISON, ESQ.,P.L. 599 ATLANTIC BLVD UNIT 05 ATLANTIC BEACH FL 32233 12- 00007482 NANCY C HARRISON, ESQ.,P.L. 599 ATLANTIC BLVD UNIT 05 ATLANTIC BEACH FL 32233 GRAND TOTALS -------- - - - - -- NEW LICENSES ---- --- - ----- AC: 9 PP: 0 IN: 0 VO: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 9 12/06/11 NEW MISC. SERVICE ESTABLISHMENT, NOT L727 -834 -1223 12/19/11 NEW GENERAL CONTRACTOR 904 - 545 -1428 12/19/11 NEW GENERAL CONTRACTOR (FIRM /CORP.) 904 - 545 -1428 12/06/11 NEW RESTAURANTS(INC. SNACK BARS & TAKE O 904 - 241 - 2599 12/28/11 NEW ATTORNEY FIRM /CORPORATION 12/28/11 NEW ATTORNEY 904 - 372 -0008 904 - 372 -0008 AGENDA ITEM it 4A JANUARY 9, 2012 a 1 k , . #l, .'r , tp r1 YL It. F-1 12/27/11 CITY OF ATLANTIC BEACH LIST OF ITEMS TO BE DECLARED SURPLUS AGENDA ITEM# 413 ON AUGUST 12, 2011 JANUARY 9, 2012 DEPARTMENT DESCRIPTION Police 1998 Cadillac Police 1998 Infinit H: \dailyuse \dramsay \audit \fixed assets \[2012 List of Surplus Items- 12- 27- 11.xls]commission list AGENDA ITEM # 6A JANUARY 9, 2012 RESOLUTIONNO. 12 -01 A RESOL UTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING DAVID THOMPSON FOR HIS DISTINGUISHED SERVICE TO THE CITY OFATLANTIC BEACH WHEREAS, on December 1, 1983, David Thompson began work for the City of Atlantic Beach as Police Chief, and was the driving force behind building one of the best police departments in Florida resulting in low crime rates and a high level of services to the citizens of Atlantic Beach through quick response times, and the friendliness and professionalism of the officers; and WHEREAS, his energy and enthusiasm for accepting new challenges and opportunities resulted in David Thompson being promoted'to Director of Public Safety on January 9, 1996 and he was given the added responsibilities to manage the City of Atlantic Beach Fire Department, Animal Control Division and Lifeguards; and WHEREAS, during his tenure as Director of Public Safety, David Thompson was the central figure in the consolidation of fire services with the City of Jacksonville which improved the service levels for citizens and saved the City of Atlantic Beach considerable funds; and WHEREAS, David Thompson was the principle architect of the City's Hurricane Disaster Plan and served as the Emergency Preparedness Coordinator through several major hurricanes in Florida including Hurricane Floyd in September 1999 which required the evacuation of citizens from Atlantic Beach. Through his leadership, Atlantic Beach staff also responded to numerous calls for assistance from other cities in the southeast that had been devastated by hurricanes; and WHEREAS, David Thompson took on additional responsibilities from January 12, 1999 to October 3, 1999 when he served as Acting City Manager while a new City Manager was recruited and has continued to fill in occasionally when the City Manager was out of town; and WHEREAS, on September 30, 2008, David Thompson retired as Director of Public Safety after 25 years of service to accept the position of Assistant City Manager in which he served with distinction accomplishing many strategic priorities set by the City Commission; and WHEREAS, as Assistant City Manager, David Thompson was instrumental in obtaining several millions of dollars in grants and he has completed or applied for over $2.3 million dollars in grants in fiscal years 20 10-11 alone. Funding obtained from these grants was used for many of the City's projects ranging from security improvements to City facilities, acquisition and development of several parks, sewer system rehabilitation and energy efficiency improvements which would not have been obtained without David Thompson finding funding sources, preparing the applications, diligently pursuing approvals and handling project administration; and WHEREAS, David Thompson has earned the affection of a host of area residents who are proud to call him "friend" by giving most generously of his time, talents, and energy to the Atlantic Beach community in many ways including coaching 9 to 12 year old girls softball teams and has thereby won the high regard of the City Commission and citizens of Atlantic Beach. NOW, THEREFORE, be it resolved, the City Commission of the City of Atlantic Beach, Florida, hereby expresses its deep appreciation for the service and contributions of David Thompson and on behalf of the citizens of Atlantic Beach extend heartfelt gratitude and best wishes for continued success and happiness in the future. PASSED AND ADOPTED by the City Commission, this 9' day of January 2012. MIKE BORNO Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA BARTLE, CMC City Clerk AGENDA ITEM # 7A JANUARY 9, 2012 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Sign Code Revisions SUBMITTED BY: Michael Griffin, CBO, CFM Interim Community Development Director/Building Official DATE: January 3, 2012 A/ BACKGROUND: Attached you will find proposed Ordinance 60 -12 -17 with revisions as requested at the December 12, 2011 City Commission meeting. The revisions are incorporated to restrict the size of a individual sign to one hundred (100) square feet when a building is located a distance of less than one hundred (100) linear feet from the front lot line. Additionally, the revisions will allow an individual sign to be a maximum of two hundred (200) square feet when the building is located a distance of more than one hundred (100) linear feet from the front lot line. The revisions should help reduce the visual scale of individual signage when a building is located closer than one hundred (100) linear feet to the front lot line. BUDGET: No budget impact RECOMMENDATION: Adopt Ordinance 60 -12 -17 amending Chapter 17 of the City Code ATTACHMENT: Ordinance 60 -12 -17 TY MANAGER REVIEWED BY CI AGENDA ITEM # 7A JANUARY 9, 2012 ORDINANCE NUMBER 60 -12 -17 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES WHICH REGULATES SIGNS AND ADVERTISING STRUCTURES AS ADOPTED BY ORDINANCE NUMBER 60- 02 -12, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 17 -29, SIGNS PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission for the City of Atlantic Beach, Florida (hereinafter the "Commission ") hereby finds that there are various persons and entities that have an interest in communicating with the public through the use of signs and advertising structures, and WHEREAS, the Commission is responsible for advancing the City's commitment to provide opportunities for economic development that serve and meet the needs of residents and visitors, while maintaining a safe and aesthetically pleasing enviromnent where signs do not create excessive visual clutter and distraction and do not impair the safety of pedestrians and vehicular traffic, and WHEREAS, it is the intent of the Commission that the regulations contained in this Chapter shall provide uniform sign criteria, which shall place the fewest possible restrictions on personal liberties, property rights and the free exercise of Constitutional rights, while achieving the City's goal of creating a safe, healthy, attractive and economically viable community free from excessive clutter or visual distractions from right -of -ways and adjacent properties and the surrounding natural environment, and WHEREAS, these regulations shall also provide appropriate and consistent signage for the commercial and industrial zoning districts, recognizing the scale and context of properties within these particular areas of the City, and WHEREAS, these regulations set forth herein provide for orderly growth; protect and conserve the value of property; promote, protect and improve the health, safety, comfort, good order, appearance, convenience and general welfare of the public, and serve to accomplish and implement the goals and objectives of the Comprehensive Plan, and AGENDA ITEM # 7A JANUARY 9, 2012 WHEREAS, after required notice was published, public hearings were held on the 12 day of December, 2011 at 6:00 p.m. and on the 9 1h day of January, 2012 at 6:00 p.m. to hear and enact said amendments to Chapter 17 of the Code of Ordinances for the City of Atlantic Beach. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 17, Section 17 -29, Signs Permitted within Commercial and Industrial Zoning Districts, is hereby amended and upon enactment shall read as set forth in Exhibit A, attached to and made part of this Ordinance. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Florida, in accordance with Section 125.68, Florida Statutes. Passed on first reading by the City Commission of the City of Atlantic Beach the 12 day of December, 2011. Passed on final reading and public hearing the day of , 2012. ATTEST: DONNA L. BARTLE, CMC City Clerk Approved as to form and correctness: ALAN C JENSEN, ESQUIRE City Attorney MIKE BORNO Mayor/Presiding Officer Ordinance No. 60 -12 -17 Page 2 of 2 W , v% . 77 ­ _ l w� , a � -T •�`y r,r ± +: �� yr. r..'-�����,• -` 4. ,Y -. �. %7r �r ��Jr,!'S....: `V'�`:'r +f . i =�'r.': !' �.'. t f:, r s' 'i31 r j �.�?�R;.�r`.�,r: �'���'� :s•','?�':,f�� fi�?� i�,'� •, • � ��j 1 - 01 — T . .. � '�,.,�7: A� I ` � I 'i 'y ijU I 4 � � ; r , y � -§ �T } ' 3 .r, ;l ..C, < 4 • �,� r Sr , � _ � r 'rf+� ,l. - . + i., -.' ._t� =.�_ .,- �,. r �G'�.f'S�:i.'�r}�LT ''�i rip JT f dl P L ~ VAR KIM C. IF L X, IN _1 FXIM 1 1 0"i LdM IV nfK PAC F -I 0" 4b ri( Ir IL L. VM- � PC �1: 5� X41'. �. .f..5:� �. �f �I.. ;# ri ". x, � �14 . }�.j� f'.� �.�11r'+r,+5�i"Y, 7, "� �',h`� %,{ „i,A 7� •�� t '"! ►�V:f ,.. '��y+..•_ 1��.. ' . � `' .fix. Y.�� ,� k VL 0 7,4 ; I��y -, �-- .: v:y: w!�_ �.� �a riy.}y . {Y- w.t'.: r: .' •.' , , 7 -''� "�nl;�,r•,*.- Iw..i. a. . 5: ^ - _. 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I 3 �. tol • IT v� � { _'_¢ ,r'}i •� 1. y I� y � � i1 ;d r -� I � 5_ S'� J } _... - r v: }' y r���,. : 171 -.� -i4 f�r' `_ � 1']�" }s ' �; r� t a'� 1• F, ��r I � �. �f . ,i� f' {T Yf 7 04.C.:E)_ • �+ I•d I � 6 ry`�7 -'c :fire r rt 14 .�'• R4 'I��' } .5� - ;''tr""��.. .'� �� ` S��'��;I r "y��+N- •i.'� 'r � I,�_,, •wl ,- '`''.� n,A ->I 'I` ¢4'I',.7�A! 1�_l +;I 4 TTT " °.!; +;:.:a�li{�•t';�'1": '. - .1 : ;'f : 'i . , � - _y H '• •I.: ��s1' 1.�"'; i ► "•4 �'_t'�;�'+ -,1 (• ,:r -, r ,x • -F "�•'+ �.r. i, "";+,"; �: �,; ;� " "`�'`a4 �7q' r� y .8 �• r - '- '''�rU.,•. f - "+'C { v }`' : fi { -£T t s:5 .w , ay f 'h .:.1'•,+r` ::r:' {Y. r� r *X" A 1{' 4 `r+�4'F 'i JIl ':�ti 4 - :.h 'y�x 'tea -! . y� "K�_.i.yi �Nyy'•l•; �• }: .� {:rL` -, 4 � 'ti ,` '' -i �1 �' : ti "F.. 1 . ti _� # � ..4 _ ,�,+� y'. 5 � -F � "`. ��F..._� i _'�l �:��r ar�.� i a�q.ayti :�� +��* ti•J �, , �",�,#� k �'. }.= �� *Fz�+'�1�1�� �r �,��'��:�+rd '��'� {��;�r�.M+�'��'� R• P -' �L } � �i�ui '1 Y 7'� j �d �•1�LV ' =v 'l i ' t1L J ak- .V ■ 1 r � 1 �r IF rr AGENDA ITEM # 7B JANUARY 9, 2012 Ordinance No. 5 -12 -54 AN ORDINANCE AMENDING CHAPTER 2 DIVISION 2 CODE ENFORCEMENT BOARD OF THE CITY CODE PROVIDING FOR POWERS OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING PROCEDURES; PROVIDING FOR ADMINISTRATIVE FINES LIENS AND MONEY JUDGEMENTS; PROVIDING FOR A FEE STRUCTURE FOR RELEASE OF LIENS; PROVIDING FOR PROCEDURES FOR CONTEST, APPEAL AND REHEARING; PROVIDING NOTICE REQUIREMENTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Code Enforcement Boards Act (Chapter 162, Florida Statutes) provides cities with the authority to, by ordinance, adopt a code enforcement system which gives code enforcement boards the authority to hold hearings and assess fines against violators or City codes and ordinances; WHEREAS, it is found that the Code Enforcement Board will promote, protect and improve the health, safety, and welfare of all the citizens of the City, and that it is in the best interest of the citizens of the City that the Code Enforcement Board be established to enforce all codes and ordinances in the City of Atlantic Beach; and WHEREAS, various procedural improvements have been suggested and recognized as being necessary for the continued success of the City's code enforcement system and beneficial to the citizens of Atlantic Beach. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 2 ADMINISTRATION Division 2. CODE ENFORCEMENT BOARD of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: CODE ENFORCEMENT BOARD Sec. 2 -141. Created; membership; terms. (a) There is hereby created a code enforcement board of the city, which shall consist of seven (7) board members and one (1) alternate member, who shall serve on the board in the absence of board members, to be appointed by the mayor and approved by the city commission. All board members and the alternate member of the board shall be residents of the city and shall serve without compensation. Board members may serve a maximum of three (3) consecutive terms. Service as an alternate member, however, shall not preclude service thereafter as a board member for a maximum of three (3) consecutive terms. (b) The membership of the code enforcement board shall, whenever possible, include persons in the following fields: (1) Architect; (2) A businessperson; (3) An engineer; AGENDA ITEM # 7B (4) A general contractor; JANUARY 9, 2012 (5) A realtor; (6) A subcontractor; (7) A person with zoning and building experience. (c) The initial appointments to the code enforcement board shall be as follows: (1) Two (2) members shall be appointed for a term of one (1) year. (2) Three (3) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. Thereafter, each term shall be for a period of three (3) years. (d) Any member may be reappointed from term to term upon approval of the city commission. Sec. 2 -142. Removal; filling vacancies. Members of the code enforcement board may be removed from office by the city commission for cause upon written charges and after public hearing. Any member who fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chair shall have his /her office declared vacant by the code enforcement board, and the city commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and approval of the city commission for the unexpired terms affected. Sec. 2 -143. Meetings; election of officers; quorum. (a) At the first meeting of the code enforcement board, the members of the board shall elect a chairman and a vice - chairman to preside in the absence of the chairman. The presence of four (4) or more members shall constitute a quorum necessary to take action. (b) Special meetings of the board may be convened by the chairman upon the giving of notice thereof to each other member of the board. Unless waived by a majority of the board, notice of a special meeting shall be given at least twenty -four (24) hours prior thereto. Sec. 2 -144. Minutes of hearings; clerical and administrative personnel. Minutes shall be maintained of all hearings held by the code enforcement board, and all hearings shall be open to the public. The city commission shall provide clerical and administrative personnel as may be reasonably required by the board for the proper performance of its duties. Sec. 2 -145. City attorney. The city attorney shall either be counsel to the code enforcement board or shall represent the city by presenting cases before the board; but in no case shall the city attorney serve in both capacities. Each case before the board shall be presented by either the city attorney or by a member of the administrative staff of the municipality. Sec. 2-146. Jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following: Ordinance No. 5 -12 -54 Page 2 of 8 %. . +Q-7 ` f' �'�� � AS'•��. �.JL� J .Vf ;'�',•,.` Y{1�•,� : T7 'p { ` �: �,.t'��{ {� �il ','y � ,; I P, ..f ���. 4 �', ' y %A* �0 - P lit -- Un pq i4 jr TM - T ti. r}�•,.� y$`"'''s :i''• �1�'�: '7: fx'.� �iT ti ri� `: i�.1,5�: ••t: r:� Rai ��iF�i'�:� � + ��.- �. - ' �, } ;:?. � T�� , t .' _ , '�. ' ° `�I,F a�;T. �' � � � r I�� a•' � ".� *J"",�,trT.tT ,_"... � r '` `+ •r �y'Y��[I t' 1 � +T1Yi��J Y•-f r� - � � I' 1 •�� 1 ,i 5. - �'y :.r _ '� -��' � 1 •A_. TJR . " J. �PF'a�i'+! � of lie ..l: h' _ er ��{5�: � ,'v� �� l � : "q. e IM _� t � r �. '�[l��� J Sr; F . '� A 7_ —r i I �r " - r ZL . pift O UR. , ; 76 v � J4d A 4L, a t ' 4 s - r� � l a - �j, � S ' `� F� .. I'tifrlr' r } , � �^ : '�+�•. �T�,�l, T 1 N W.O. • ' r`��� kxtigl� � Y�'Lf., �'�, ^?S'�,i+ �4 F . K� A. om F" �' 4 " X� r -d j�p* YL P -n4 r. I j ,{ 9kpi. I ;, � ,.• �� ?� � w ! 1.7'5 "r.Y ?�' _,.. a ..t' � � . .` i' .q2T_ Wr .4 * r q TV AGENDA ITEM # 713 JANUARY 9, 2012 prospective transferee. (b) Deliver to the prospective transferee a copy of the pleadings, notice, and other material relating to the code enforcement proceeding received by the transferor. (c) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceedings. (d) File a notice with the code officer or clerical staff of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, with 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs (a), (b), and (c) before the transfer creates a rebuttable presumption of fraud, if the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided reasonable period of time to correct the violation before the hearing is held. 2- 147.2. HEARING PROCESS (1) Administrative Support Staff for the Board shall establish annually a schedule of periodic meetings. In addition, upon request of the code officer, or at such other times as may be necessary, the Chair of the Board may call a hearing of the Board. (2) Upon scheduling of a hearing, the Board shall cause notice therefore to be furnished to the alleged violator by such methods as described in Section 12 of this Ordinance. Said notice of hearing shall contain the date, time and place of the hearing and shall include the sworn statement of the code inspector setting for the nature of the violation and reference to the appropriate code or ordinance. (3) Assuming proper notice of the hearing has been provided to the alleged violator as provided in subsection (2) above a hearing may proceed in the absence of the alleged violator. (4) At the hearing, the burden of proof shall be upon the City to show, by a preponderance of evidence that a violation does exist. (5) All testimony shall be under oath and shall be recorded; The Board shall take testimony from the City and alleged violator, and from such other witnesses as may be called by the respective parties. (6) Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. (7) Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence world be admissible State of Florida Rules of Evidence. (8) Any member of the Board, or attorney appointed to serve as counsel to the Board, may inquire of any witness before the Board. The alleged violator, or the violator's attorney or representative, and the City shall be permitted to inquire of any witness before the Board and shall be permitted to present brief opening and closing statements. (9) At the conclusion of the hearing, The Board shall issue finding of fact, based on evidence of record and conclusion of law, and shall issue an order affording the proper relief consistent with powers granted by Chapter 162, Florida Statutes, the Ordinance and any other Ordinance granting authority to the Code Enforcement Board. In a Board hearing, the finding shall be by motion approved by a majority of those members present and voting; except that at least four members of the Board must cast Ordinance No. 5 -12 -54 Page 4 of 8 AGENDA ITEM # 711 JANUARY 9, 2012 a vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine will be imposed should the compliance not be achieved and, under the conditions specified in Section 9 of this Ordinance and any such costs incurred in the prosecuting this case may be included along with the fine if the order is not complied with by said date, The order shall be reduced to writing and mailed to the alleged violator with fifteen working days after the hearing. A certified copy of such order may be recorded in the public records of Duval County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order showing compliance. (10) The City shall present each case before the Board. If the City prevails in prosecuting a case before the Board, it shall be entitled to recover all costs incurred in prosecuting the case. 2- 147.3. REHEARING (1) An aggrieved party, including the City of Atlantic Beach, may request a rehearing of the initial order of the Board. Any such rehearing shall be filed within 10 days of the execution of the order to be appealed. Consideration of a request for rehearing shall be scheduled by the administrative staff for the next available hearing date by the entity that issued the order. Notice of the hearing date shall be provided by the administrative staff via first class mail to the entity that files the request for rehearing. (2) Any request for rehearing must be made in writing and be based on the following grounds: (a) That there exists new and material evidence which, if introduced at the hearing, would probably have changed the Code Enforcement Board decision and could not with reasonable diligence have been discovered before and produced at the hearing; and (b) Given this evidence, the order issued is contrary to the law and evidence. (3) A request for a rehearing shall not toll the time for the taking of an appeal nor shall it toll any fines mandated by the order in question, should the request for rehiring be denied. (4) If the request for rehearing is granted, the Code Enforcement Board shall schedule the case for consideration at a future hearing, to be heard de novo. 2 -147.4 NOTICE REQUIRMENTS. (1) All notices required by this part shall be provided to the alleged violator by: (a) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the city code enforcement staff or administrative staff of the Code Enforcement Board by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs (2)(b)l and 2 and by first class mail directed to the addresses furnished to the City of Atlantic Beach with a properly executed proof of mailing or affidavit confirming the first class mailing; (b) Hand delivery by the sheriff or other law enforcement officer, code officer, or other person designated by the City of Atlantic Beach. (c) Leaving at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the Ordinance No. 5 -12 -54 Page 5 of 8 AGENDA ITEM # 713 JANUARY 9, 2012 notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in section 2 -147 of this ordinance, at the option of the Board , notice may also be served by first -class mail and publication or posting, as follows: (a) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Atlantic Beach. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. (b) Proof of publication shall be made as provided in Section 50.041 and Section 50.051, Florida Statutes. (c) Proof of publication shall be made as provided in Section 50.041 and Section 50.051, Florida Statues (d) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (e) Notice by publication or posting may run concurrently with, or may follow, and attempt or attempts to provide notice by hand delivery or by mail as required by Section 2 -147.4 of this Ordinance. (f) Evidence that an attempt has been made to hand deliver or mail notice as provided in Section 12 (1) of this Ordinance, together with proof of publication or posting as provided in Section 12 (2) of this Ordinance, shall be sufficient to show that the notice requirements of this Ordinance, shall be sufficient to show that the notice requirements of this Ordinance have been met, without regard to whether of not the alleged violator actually received such notice. See. 2-148. Powers The Board shall have the power to: (a) Adopt rules for the conduct of their hearings. (b) Subpoena alleged violators and witnesses to their hearings. (c) Subpoena records, surveys, plats and other documentary evidence to its hearings. (d) Take testimony under oath. (e) Issue orders having the force and effect of law, commanding whatever steps are necessary to bring a violation into compliance. (f) Establish and levy fines pursuant to Section 9 Sec. 2 -149 ADMINISTRATIVE FINES; COST OF REPAIRS; CONTESTES; LIENS; MONEY JUDGEMENTS. (1) The Board , upon notification by the code officer that an order of the Board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in the section for each day the violation continues Ordinance No. 5 -12 -54 Page 6 of 8 AGENDA ITEM # 713 JANUARY 9, 2012 past the date set by the Board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the violation is a violation described in Section 7 (4) of this Ordinance, the Board shall notify the City Commission, which may authorize the making of all reasonable repairs which are required to bring the violations /s into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to the section. Making such repairs does not create a continuing obligation on the part of the City to make further repairs to maintain the property and does not create any liability against the City for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for the issuance of the order imposing the fine. A fine imposed pursuant to the section shall not exceed $500 per day for a first violation and shall not exceed $250 per day for a repeat violation, and, in addition, may include all costs incurred in the enforcing this ordained and all costs of repairs pursuant to this section. If after due notice and hearing, the Board finds a violation to be irreparable or irreversible in nature, it may order the violation to pay a fine not to exceed $5,000 per violation. factors: (2) In determining the amount of the fine, if any, the Board shall consider the following (a) The gravity of the violation; (b) Any actions taken by the violator to correct the violation; and (c) Any previous violations committed by the violator. (3) The Board may reduce a fine imposed pursuant to this section at any time. (4) Notice of finding by the code officer of non - compliance with the prior order of the Board shall be mailed to the violator. The violator may contest in writing the findings of the code officer. Such contest must be postmarked within 10 days of the post mark date on the non - compliance notice and mailed to the administrative staff as designated by the Board. Upon receipt of a contest letter, the Administrative Support Staff for the Board shall provide notice to the violator of the contest hearing date and time. If the violator, after filing the written contest, fails to attend the next noticed meeting, the violator's contest shall be considered withdrawn by the Board. Any review of a contest heard under this section shall be constrained to whether the code officers finding of non - compliance are supported by the evidence presented that the violation as the date of the inspection remained uncured, At the hearing, the burden of proof shall be upon the violator to show, by a preponderance of the evidence that a violation did not exist at the time of the inspection. Upon hearing from the violator or his attorney and the administrative staff, the Board shall either dismiss the case or uphold the finding of the code officer. (5) Following the failure of the violator to file a contest within the time permitted under the above section, or the upholding of the finding of the code officer by the Board, a certified copy of an order imposing a fine, or a fine plus repair costs may be recorded in the public records of Duval County, Florida, and thereafter, shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but, such order shall not be deemed otherwise to a court judgment except for the enforcement purposes. (6) A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the City of Atlantic Beach and the Board may execute a satisfaction or release of lien entered pursuant to this section. After 3 months for the filing of any such liens with remains unpaid, the Board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provision of this section may be foreclosed on real property which is a homestead under Section 4, Article X of the Florida State Ordinance No. 5 -12 -54 Page 7 of 8 AGENDA ITEM # 7B JANUARY 9, 2012 Constitution. The money judgment provision of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the Florida Constitution. Sec/ 2 -150. Duration of lien (1) No lien provided by this ordinance shall continue for a period longer that 20 years after the certified copy of an order imposing the fine has been recorded, unless with that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fees that it incurs in the foreclosure. The City shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien affected by the commencement of the action to foreclose shall not be good against the creditors or subsequent purchasers for valuable consideration with notice, unless a notice of lis pendens is recorded. (2) In circumstances where the City of Atlantic Beach's interest in a property has been foreclosed and the property has been sold at a foreclosure sale, the City's lien is not satisfied, but removed from the subject property by a final judgment issued by the court. Upon re quest, the City will prepare and record a partial release of lien to release the subject property from the code enforcement lien upon payment of fees for costs and services charged to the requesting party. Sec. 2. 151. Appeal. (1) An aggrieved party, including the City Commission, may appeal a final administrative order of the Board to the Circuit Court. Any such appeal shall be filed with 30 days of the execution of the order to be appealed. (2) Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board. (3) The Board shall, by rule, establish reasonable charges for the preparation of the record to be paid by the appealing party. Section 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission of first reading this 12th day of December 201 L PASSED by the City Commission on second and final reading this day of 5 2012. ATTEST: Donna L. Bartle, CMC City Clerk Mike Borno Mayor, Presiding Officer Alan Jensen, Esquire City Attorney Ordinance No. 5 -12 -54 Page 8 of 8 AGENDA ITEM # X JANUARY 9, 2012 ORDINANCE NO. 5 -12 -55 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE H, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO CHANGE THE TIME OF REGULAR MEETINGS TO 6:30 P.M., AND ELIMINATE REGULAR MEETINGS ON THE NIGHT OF EVERY ELECTION, AND PROVIDING AN EFFECTIVE DATE. BE IN ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: Sec. 2 -16 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: "Sec. 2 -16. Time and place of regular meetings. The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in City Hall, at 600 6:30 p.m. If the second or fourth Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. Additi t t mee ti n gs b theta ., th ght of e oto,. +:,.,, » � �S�<�1V11. (Yn n Hl <IDY SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 12th day of December, 2011. PASSED by the City Commission on second and final reading this day of January, 2012. ATTEST: DONNA L. BARTLE, CMC City Clerk LOUIS BORNO, JR. Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney i 77 Y 7 1 Xt '�[ L'��f: .��� •�+� +f� 9ti '�w �!V : ` Y "� f:.j } vtr• v' I ! � . '�Ii.1��5�Jr'�'j } � .+_�':� �p';�` ..p z I`� }�r. rll+ . � �J '�' ���?� �:ei �y�►a.'•.FW'.4i i �' -;�� je i y I 1 i Y� ■ � T ► '� b�• d 4 y 7f I - ' � �,���' In r ef 'fi''i; ' .tk: e .1 � #;� � �,?s_ •. l J' �•� �• '' J� 4 �'f I� �' �1F Y �}r , .; � A1 $ yyy,,y�� S � J• � h ;�ti•ti.r 1 -{.1. _��I:.c `1 r�_ti j�: }I� ,� +: ir. -• ,� i � _+ I � jIL`.r r� 41� - . t'S i;.r + ti: �4 - � } i'� �• � 1J �� ti * +'i�.•. �� 7iF'`L�n Si �14 i�'•�' � f i '4 '• ���C `' ! " Y � ,��a;••_���+LyyP��. ,� '.C ` ' �i_ Y ,4, ' i. ��h ;_,!., 4:. ;. {'� + - ..L 1 ►!1' + T Zsl 1. r. i��Jl i� +1lx +. �J �I �s! �j ++ x A '�,�•��� r 5 '�.. •ir rl; -'.5.. .S ���. �ti • i44 "� {S F'iX,V l y'� •r �' ti. -I rt; l:� i134� ;�••,N Si� if � Srl +!I � f �,. .rr a .,. n-' . �.•. F,,� A 1f{ '� +�`�: g;:, i. 4'r4 'r �'• 4.$- 1`- i i.x *_.� � � _� - •tip: '{ �� •�'i n ���yJ ; RI '}�r � r� �� Yj R- ? {:,,�wi�. - .�5 .:�r�r •: i'tr: 1: fTl !:� =.:,� . 4 ., * r AGENDA ITEM # 7D JANUARY 9, 20] 2 ORDINANCE NO. 20-12-113 WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting such budgetary systems require adjustments from time -to -time, and WHEREAS, the City was recently awarded an FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $3,822 towards police - related surveillance equipment, and WHEREAS, the City has acquired and accumulated confiscated funds in the amount of $6,000 that requires City Commission approval and an appropriation to spend for the remaining cost of the surveillance equipment above. This ordinance creates a budget for those funds, and NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2011/2012 Budget to be amended as follows: AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. JUSTANCE ASSISTANCE GRANT (JAG) Revenues: Grant Proceeds — Technology 2012 $3,822 Expenses: Police Department Capital Outlay — Surveillance Equipment Fund Balance: FLORIDA CONTRABAND FORFEITURE FUND Expenses: Police Department Capital Outlay — Surveillance Equipment $3,822 $0 $6,000 Fund Balance: <$6,000> AGENDA ITEM # 7D JANUARY 9, 2012 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of January, 2012. Passed by the City Commission on second and final reading this day of January, 2012. Mike Borno Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire City Attorney Donna L. Bartle, CMC City Clerk AGENDA ITEM # 8A JANUARY 9, 2012 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for Financial Assistance related to Community Garden on City Property located on Dutton Island Road SUBMITTED BY: Jim Hanson, DATE: December 22, 2011 BACKGROUND: The City Commission received a request for funding at the last meeting from the "Dutton Island Gardeners" (DIG) requesting matching funds to develop and maintain a community garden on property on the south side of Dutton Island Road. With their written request (copy attached), they submitted a budget for initial costs totaling $5,350. The budget included purchase of a small utility shed, installation of a well and pump and purchase of a variety of tools for maintenance of the community garden. This request is similar to several others received by the City over the last 12 years from various groups of residents requesting matching funding under the City's "Public Beach Access Beautification Program ". This policy was expanded several years ago to include landscaping projects on medians and public roads as well as the traditional beach access projects. While this community garden project does not technically meet the definition of allowable uses in the City program, it is otherwise very similar to previous requests from other public groups. Specifically, the use of funds will be on public property, a committee has been formed (so that this is not just a project requested by an individual and therefore more likely to be continued into the future) and there is a community benefit from this project. The project came about as a result of actions initiated by the Atlantic Beach Police Department. This was originally an overgrown lot that the Police cited as being a location for criminal activities. City crews had been called in on several occasions in the past to clean up the lot. Liens had been filed to recoup the City's costs. With concurrence of the City Commission, the City Attorney initiated legal action to foreclose on the lot and it was ultimately deeded to the City of Atlantic Beach. The question then became how best to utilize the lot to prevent criminal activity on the lot in the future. The DIG group approached the City Commission several months ago for permission to use the lot as a community garden, and that request was approved. AGENDA ITEM # 8A JANUARY 9, 2012 While this request does not technically meet the definition contained in the City's program, it can be approved by the Commission as an exception to the policy without needing to amend the policy itself. It is unlikely that a scenario quite like this one will be brought to the City Commission's attention again in the future. BUDGET: No funds have been budgeted by the City for matching any of these projects for several years due to budget constraints. If the Commission chooses to approve the request and follows the policy previously established, a maximum City investment would be $2,500. The funds could be taken out of previously budgeted accounts, although a request would be made to the Commission at a later date for the amount to be added back in connection with the next budget amending ordinance. RECOMMENDATION: Approve the request of Dutton Island Gardeners for matching funds to construct and maintain a community garden on the City -owned lot on Dutton Island Road. This project will not only solve a longstanding crime problem that has become a blight upon the neighborhood, but may also help serve to "build community" in one of the targeted areas related to the Mayport Corridor Project. ATTACHMENTS: 1) Request from Dutton Island Gardeners presented at Commission meeting on December 12, 2011. 2) Public Beach Access Beautification Program revised 8/25/03. AGENDA ITEM # 8A JANUARY 9, 2012 Dutton Island Gardeners, or DIG for short, is in the process of creating a community garden at 96 Dutton Island Road near the Donner Community Center in Atlantic Beach, Florida. This project aims to nurture a sense of community within the Donner area while setting aside space for the cultivation of homegrown produce. We believe a community garden will offer numerous benefits to the surrounding residents. It is our hope to improve the quality of life for those who involved (plot owners, volunteers and neighbors). We also seek to be a catalyst for community development and assist in the beatification of the Mayport area. The main goal of DIG is to provide nutritious food in an area where access to such is lacking and create opportunity for recreation, exercise and education. A community garden can also help to reduce crime and provide opportunities for intergenerational and cross - cultural connections. The DIG committee is also furthering plans to develop educational programs to instruct on different methods of horticulture and nutritious eating habits to garden members and the community alike. It is our desire that the successful launch of this first garden property will inspire a community garden movement that spreads to other areas of Atlantic Beach as time, energy, and resources develop. Our long -term vision is to build this garden into a flourishing and self - governing group of surrounding community members dedicated to the cultivation of good food and the sharing of agricultural knowledge. DIG consists of a committee of members primarily from the Atlantic Beach area dedicated to the creation and on -going upkeep and maintenance of the garden. So far, the committee has organized two community forums to inform and discuss ideas with the surrounding families and to gain support of our efforts. The response from the community has been extremely positive with AGENDA ITEM # 8A JANUARY 9, 2012 many people offering their time to volunteer through workdays, committee advisory positions, and publicity advocates. At this time we would like to ask the city for matching funds under the existing beautification policy. We feel the garden is an ideal example of a beautification project deserving of matching funds under the policy currently in place. The garden is located on a major city corridor leading to the Donner Community Center and city's largest park —The Dutton Island Preserve. The location of the garden is on a formally blighted property which was difficult to police and causing a disturbance within the community. Its appearance was unsightly and contaminated with drug paraphernalia, chemicals, auto parts, weeds, etc. During the development of the garden, the committee and volunteers have cleared and cleaned the empty lot of a tremendous amount of trash and debris. We have also added mulch, compost, and soil to the existing ground, built our first four aboveground garden beds and planted several vegetables in a demo bed. During this process we have received donations from businesses and community members in the way of building materials and tools. All materials and equipment used thus far have been strictly donated or borrowed. The committee recently applied for and was awarded a grant for a rain barrel to help in our efforts of water conservation. It is our hope to use the rain barrel along with an underground rain tanks form the garden into a self - sustaining effort. We still hope to install a well, which would be a means of access to water during times of water shortage or drought, a common occurrence in North Florida during the summers. AGENDA ITEM # 8A JANUARY 9, 2012 We are thankful to the City of Atlantic Beach for their support thus far and for allowing us the usage of the lot on 96 Dutton Island Road. We look forward to working with the commission and the community to further and launch this project. AGENDA ITEM # 8A JANUARY 9, 2012 DIG Committee Contact List • Brittany Norris Committee Chair - 912 856 3067 - brittmarie norris tit Yahoo.cotn • Kody Hanavan Treasurer - 303 -588 -2813 • Genevieve Fletcher Fundraising Director - 904 - 465 -2293 - genevieve4eoe ilia il.com • Sara Miles- English ( Garden Manager - 386- 690 -4941 - sarakme@hotmail.com • Chris Himel I Volunteer Coordinator - 904.534.5921 - chime142ami~mail.com • Scot and Laurie Walmer I Resident/Community Advisors - sawjaxbch c .yahoo.com • Leslie Katz I Marketing Director - 908.770.8184 - lhka tz88(c j ,gmail.cotn • Dezmond Waters I Community Outreach Director - 904 - 853 -6033 • Currently Interviewing I Education Director AGENDA ITEM # 8A JANUARY 9, 2012 December 2011 - Proposed Budget for DIG (To add new items please send item name, section, price, and quantity to brittmarie.norris @yahoo.com) Section Item Price Quantity Total Price Garden 4 $12.00 Kid's Wheelbarrow $20.00 Tools /Supplies Wheel Barrow $60.00 1 $60.00 $8.00 Lawn Mower $350.00 1 $350.00 Water Wand 36" $12.00 2 $24.00 100ft Hose $27.98 2 $55.96 Canvas Gloves $3.00 4 $12.00 Watering Can $10.00 1 $10.00 18 -Volt U -Tool Lithium Combo Kit $269.00 1 $269.00 Tape Measure $20.00 1 $20.00 15" Handsaw $12.98 1 $12.98 12" Hacksaw $17.00 1 $17.00 31cc 2 -Cycle Cultivator $199.00 1 $199.OQ Claw $3.97 2 $7.94 Spade $3.97 2 $7.94 12 Tine Rake $6.99 1 $6.99 22 Tine Leaf Rake $7.98 2 $15.96 Garden Rocker Seat $7.98 2 $15.96 Gardeb Weeder $3.97 1 $3.97 Short Garden Spade $21.98 2 $43.96 Shovel $9.98 2 $19.96 Hedge Shear $17.98 1 $17.98 Tomato Cages $199.00 1 $199.00 Gaden Fork $25.00 1 $25.00 Building Supplies / 2x12x8 Planks (3 per bed w/ 24 Well Beds) $8.00 72 $576.00 4x4 Untreated Cedar (For posts) $17.00 12 $204.00 White Roll Fence 24 "x15' $19.97 8 $159.76 Arrow loft X 21ft Utility Building $1,498.00 1 $1,498.00 Padlock $20.00 1 $20.00 Well & Pump Installation $1,300.00 1 $1,300.00 Community Events Grill $150.00 1 $150.00 Education Materials Kid's Gloves $3.00 4 $12.00 Kid's Wheelbarrow $20.00 1 $20.00 Kid's Garden Hoe $4.00 2 $8.00 Kid's Shovel $4.00 2 $8.00 Total $5,350.36 AGENDA ITEM # 8A JANUARY 9, 2012 PUBLIC BEACH ACCESS BEAUTIFICATION PROGRAM Revised 8/25/03 Purpose: To encourage, through a "share- cost" matching program, landscaping enhancements to the beach accesses and medians in City streets. Improvements are intended to be cost - conscious and aesthetically pleasing, with a strong emphasis on low maintenance, low water consumption and a minimum of plant replacement. Procedure: Promotion of the program will be by various media (Tide View, Beaches Leader, flyers, etc.). Interested groups and/or neighborhoods will be given written information and guidelines. City staff will be available to meet with groups for detail planning and recommendations. Neighborhood residents will be responsible for the collection of fiords, acquisition and installation of landscaping material /irrigation system, and maintaining the beach access and/or medians. The finished plan must receive final approval by the City Commission prior to installation. The criteria for deciding which projects will be approved will be as follows: 1. Visibility: The City's primary interest is to improve areas that are most visible to the largest numbers of people. Streets with the highest traffic count and beach accesses that get the most use will be considered highest priorities. 2. Need: Those areas that are run down or are not consistent with surrounding areas will be considered priorities. 3. Water conservation: The use of potable City water for irrigation should be avoided or minim ized where ever possible. Xeroscaping or using well water for irrigation is encouraged. 4. Group commitment: Only those groups with strong evidence of a continued commitment to continue the maintenance after installation will be considered for funding. Support of a homeowner's association or written commitment from a minimum of five homeowners are examples. Cost: Expenses will vary dependent on size and configuration of the area to be landscaped. The extent of landscaping, and type and number of plants to be installed will govern the planting cost. The program consists of eight steps from beginning to final completion. Each step has specific procedures that must be followed to stay within the guidelines. 1. Interested citizens notify the City of their desire to form a Committee for the purpose of beautifying/maintaining a beach access or median in Atlantic Beach. 2. The group forms a Project Committee by electing a minimum of four officers: Chairperson, Vice Chairperson, Treasurer and Secretary. There should be no more than one officer per household. Meetings are held with the purpose of completing the detailed landscaping plans and providing a cost estimate for the new project. AGENDA ITEM # 8A JANUARY 9, 2012 3. Staff will be responsible for approving a preliminary plan, which will be presented to the City Commission for approval. The Commission will hold a public hearing before approving any project under this program. A sign will be placed at the site notifying citizens of the hearing at least two weeks prior to the date. All aspects of the project must be considered when drawing preliminary plans; irrigation, water tap to City meter, if needed, trees, plants, shrubs, grass, mulch, contract work, vendor estimates rental equipment costs and any other materials needed to complete the project. See the attached City requirements for the irrigation system specifications. 4. After the final plans are approved by the City Commission, the Project Committee will be responsible for the collection of matching funds. New project funds will be matched, dollar for dollar up to a maximum of $2,500 for a total of $5,000. This includes any phasing that must be imposed due to the size of the project. If the project is designed so that the water tap (if needed) and water is supplied by the Committee and not the City, the maximum match available from the City will be $4,000. The City will set up a revenue account to deposit the collected funds. If the City Commission approves the plans, the City will reimburse from the matching funds the costs incurred for the design of the plan. If the City Commission does not approve the plans, the City will not reimburse costs incurred for the design of the plan. The Project Committee must agree by a letter to the City Manager to maintain the new landscaping for a minimum of five (5) years after installation. 5. The City will be responsible for having all public utility locations marked. The Project Committee will be responsible for notifying the City seven days prior to any excavation work to allow enough time for the proper markings. 6. Vendor estimates are to be given to the City and a Purchase Order will be generated within 7 to 10 working days. The Purchase Order will be mailed to the requested vendor and City staff will contact the Committee Chairperson as to its disposition. No purchases can be ordered, delivered or picked up without an approved Purchase Order. The City wilt not be responsible for payment of any unapproved invoices or expenses. The following are the guidelines for obtaining additional quotes: Charges up to $500 No additional quotes required From $501 to $2,500 Selected vendor + one additional quote From $2,501 to $5,000 Selected vendor + two additional quotes 7. A receipt will be given for each delivery of Purchase Order materials and signed by the receiving agent for the Project Committee. Receipts must be turned in to the City within three working days after delivery so payment can be made to the vendor. 8. One year and every year after the completion of the project, the City will match up to $300.00 of new donations for a combined total of $600.00 per year for maintenance/ restoration of existing projects. AGENDA ITEM # 813 JANUARY 9, 20I2 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Relocate the mid -week Market to Johansen Park SUBMITTED BY: Timmy Johnson, Recreation Director DATE: December 19, 2011 BACKGROUND: The City Commission previously approved (May 24, 2010) a proposal from the Cultural Arts and Recreation Advisory Committee to create a mid -week market at Bull Park. In the discussion, Mr. Wight suggested that the mid -week market may move to Johansen Park at a future date, but wanted to start at Bull Park. Seeking input from the vendors, and gaining the Cultural Arts and Recreation Committee approval, Mr. Wight would now like to move the market to Johansen Park. The move will increase the visibility of the market, increase attendance and the sale of fresh vegetables and fruits locally grown. BUDGET: No budget is needed for this agenda item. RECOMMENDATIONS: Relocate the mid -week Market to Johansen Park ATTACHMENTS: Market Guidelines REVIEWED BY CITY MANAGER: <Z/ AGENDA ITEM # 8B JANUARY 9, 2012 "AB's MID -WEEK MARKET" A WEEKLYMARKET HELD AT BULL MEMORIAL PARK ON WEDNESDAYEVENING. A CARAC PROPOSAL by Jeff Wight on 4126110 INTRODUCTION TO FARMER'S MARKE Two - thirds of Americans are now overweight or obese. This is largely because of the way we eat. We primarily eat "industrialized" foods from grocery stores and restaurants that are heavily processed and unhealthy. People are ready to abandon the "Western Diet ". People are ready to go back to eating fresh and nutritious foods. Hence the Farmer's Market craze that is taking the country by storm. People also love to shop at farmer's markets to be "green ". Foods from farmer's market are produced and transported in environmentally - friendly ways. This contrasts industrialized foods which take a toll on the environment. It takes 10 calories of oil to produce 1 calorie of industrialized food! AB's MID -WEEK MARKET WILL BE UNIQUE: Held on Wednesday evening! -most area markets are held on the weekend Free for the vendors! -most area markets charge the vendors $10 -40 • Great location! -Bull Park is family - friendly, easy to get to, and walkable for many AB residents -most area markets are tough to get to and require driving in intense traffic PRIMARY OBJECTIVES 1) Deliver fresh, nutritious foods to AB residents -from local small farmers, vendors, and small businesses 2) Create a mid -week community event - healthy, cultural, and family friendly SECONDARY OBJECTIVES AB's Mid -week Market will also deliver the following products: 1) "Green" products - feature 1 (or a few) local vendors and small businesses 2) Art - feature 1 (or a few) artists at the market 3) Music -have a musician play at the market 4) Small Business Advertisement -allow 1 local small business to have a table and advertise each week 5) Non - profits -allow 1 or more local non - profits to have a table and advertise each week AGENDA ITEM # 813 JANUARY 9, 2012 AB's MID -WEEK MARKET POLICIES Location The market will take place at Bull Memorial Park. Vendors will be allowed to set up tables on the grass (SE part of park) and on the pavers that circle the large palm tree. Vendors will receive an assigned spot to set up their table. Market Day and Time The market will take place on Wednesday afternoon/evening year - round. Summer Hours: April 1 st - Oct 15 4:30pm -7 :30pm Winter Hours: Oct 16 - March 31st: 3pm - 6pm Vendor Requirements This market will adopt Arts in the Park policies: - vendors must present business license and insurance at least one week in advance Vendor Fee -there will be no charge to the vendors - vendors must provide their own tables and supplies Vendor recruitment Vendors must fill out an application to participate in the AB Mid -Week Market. Priority will be given to local vendors. Priority will also be given vendors that provide products and services that are: - organic - healthy -green The application pool will be continuously monitored by Jeff Wight and AB' s Cultural Arts and Recreation Advisory Committee. Market Workers The market will be supervised by Jeff Wight and the Cultural Arts and Recreation Advisory committee. Jeff Wight will organize UNF student volunteers to help run the market. Each week, 1 -3 UNF student volunteers will supervise and work the market. The students will arrive 30 minutes before the market and leave 30 minutes after the market. The student volunteers' primary duties include: -help vendors set -up before market and pack -up after market - set -up "greeting table" and answer questions for those who attend market -report any emergencies to AB police department -report weekly update to Jeff Wight and CARAC AGENDA ITEM # 8C JANUARY 9, 2012 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: David Thompson Retirement DATE: December 28, 2011 SUBMITTED BY: Michael D. Classey Chief of Police BACKGROUND: David Thompson has announced that he will be leaving the City of Atlantic Beach on January 12, 2012. He began his career with the City of Atlantic Beach Police Department in 1983 when he was hired as the Chief of Police. Later he assumed command of the Fire Department and Lifeguards and was promoted to the Director of Public Safety. He served in that capacity until he retired in 2008 and went on to become the Assistant City Manager. David has served the City of Atlantic Beach with distinction for almost 3 decades. In the past, when recommended by the Chief of Police, police officers taking a full retirement have been awarded their badges and their duty pistols. In each case, the Police Department has brought these matters to the City Commission to obtain Commission approval. The purpose of this staff report is to seek approval to continue this tradition. BUDGET: The price of a.40 caliber Glock Model 22 is approximately $429.00, and a badge is approximately $118.00. Currently, the Police Department has spare pistols and badges. RECOMMENDATIONS: To approve awarding the .40 caliber Glock Model 22, Serial Number LEV359, and the Police Chief duty badge to David E. Thompson. ATTACHMENTS: None REVIEWED BY CITY MANAGER: AGENDA ITEM # 8D JANUARY 9, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Memorandum of Agreement Between City of Atlantic Beach and North Florida Utility Coordination Group ( NFUCG) to Assess Groundwater Sustainability in Northeast Florida SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: December 30, 2011 BACKGROUND: The St. Johns River Water Management District is undertaking a water supply planning process, along with studies of minimum flows and levels for area lakes and springs. To accomplish this work, the District uses growth projections, groundwater and resource modeling and other complex technical methods to determine future groundwater availability. Results of the District's projections can have a huge impact on requirements for future water infrastructure and may greatly increase the cost of water for our customers. The City Commission previously approved an agreement with the NFUCG on June 8, 2009. This is an update to the agreement to encompass current issues and projects. All water utilities in the district will be affected by the District's water supply plan. Northeast Florida water utilities support protecting our groundwater resources as well as the region's natural systems. However, water utilities have the added responsibility of providing the most cost - effective product to our customers. In order to ensure the most accurate and reliable groundwater resource projections are reached, the following utilities have joined together to form the North Florida Utility Coordination Group ( NFUCG). The NFUCG allows our 9 utilities, which serve over a million people, to speak with one voice to the regulatory agencies, and to share the costs for consultants that work with us on these important projects: City of Atlantic Beach Clay County Utility Authority City of Gainesville City of Green Cove Springs City of Jacksonville Beach JEA City of Neptune Beach Town of Orange Park St. Johns County JEA has been designated to administer the contracts, utilizing their existing continuing engineering and legal contracts, with costs reimbursed by the member utilities based on proportional annual 6 1 m a I a i6a I a & ft rim �7v 7 d ip At I I Ai I 6w AL AGENDA ITEM # 8D JANUARY 9, 2012 MEMORANDUM OF AGREEMENT BETWEEN CITY OF ATLANTIC BEACH, CLAY COUNTY UTILITY AUTHORITY, CITY OF GAINESVILLE, CITY OF GREEN COVE SPRINGS, CITY OF JACKSONVILLE BEACH, JEA, CITY OF NEPTUNE BEACH, TOWN OF ORANGE PARK, AND ST. JOHNS COUNTY TO ASSESS GROUNDWATER RESOURCE SUSTAINABILITY IN NORTHEAST FLORIDA WHEREAS, the St. Johns River Water Management District (SJRWMD) is undertaking a 2010 water supply planning process using growth projections, groundwater and resource impact models, and other technical tools that will affect local governments and utilities throughout the region; and WHEREAS, the City of Atlantic Beach, Clay County Utility Authority, , City of Gainesville, City of Green Cove Springs, City of Jacksonville Beach, JEA, City of Neptune Beach, Town of Orange Park, and St. Johns County (hereinafter referred to as "OWNERS "), desire to jointly and collaboratively evaluate regional long -term sustainability of groundwater resources to meet future public water supply needs relative to the St. Johns River Water Management District's (SJRWMD) 2010 water supply planning process; and WHEREAS, the OWNERS support protecting and sustaining the natural systems and groundwater resources; and WHEREAS, the OWNERS have a responsibility to provide cost effective public water supply alternatives; and WHEREAS, it is more efficient for the OWNERS to cost share in this effort and to avoid duplication of effort; and WHEREAS, the OWNERS need to engage engineering consultants and legal support services and desire to designate JEA to administer these contracts; and WHEREAS, pursuant to Section 21.04(t) of the City of Jacksonville Charter, JEA is authorized to provide the services described herein; and WHEREAS, the OWNERS have agreed to enter into this agreement (the "Agreement ") for the purpose of setting forth the terms and conditions which will govern their mutual obligations in furtherance of the foregoing Recitals. NOW, THEREFORE, the OWNERS and JEA agree as follows: 1. The foregoing Recitals are true and correct and are incorporated herein by this reference to the same. Page 1 of 8 AGENDA ITEM # 8D JANUARY 9, 2012 2. Services. JEA hereby agrees to administer consultant and legal services contracts for the OWNERS as described in the Scope of Services (the "Scopes "), which will be attached as consultant Exhibit A hereto, after being approved and finalized by JEA and all OWNERS, and which shall become a part hereof when attached hereto. The OWNERS and JEA understand that Exhibit A may be modified and /or additional Scopes may be added at a future date, in accordance with the provisions set forth in paragraphs 4 and 5 herein. In the role of administrator of the consultant and legal contracts, JEA will (1) act as the primary contact for the contracts, (2) will relay the prioritization of tasks as set by the OWNERS, (3) coordinate progress meetings and other activities relating to project status and (4) pay the invoices submitted by the consultants, subject to the reimbursement of the costs by the other OWNERS, in the percentages as set forth in paragraph 5 herein. 3. Limitations. Prioritization of tasks included in the Scopes and overall direction to consultant and legal service providers will be determined jointly by the OWNERS. Decisions will require at least two- thirds majority vote of the OWNERS before JEA directs consultants accordingly. Each OWNER will have one vote. JEA will coordinate regular progress meetings for conference calls and meetings with consultant and legal service providers to provide OWNERS with project status updates and obtain OWNER votes, as needed. 4. Costs. OWNERS shall be limited to an overall, combined total cost not to exceed $1,500,000.00 over the next three (3) years (the "Total Costs Amount "). These costs are anticipated to be incurred at approximately $500,000 per year. Exhibit A contains a draft scope of services for these activities. This scope will be updated and adjusted as needed by the committee. Decisions to add additional services within the Scopes, but subject to and limited by the Total Costs Amount, will require at least a majority vote of the OWNERS. The addition of Scopes above the Total Costs Amount will require written modification of this Agreement and the approval of the OWNERS by at least a two- thirds (2/3) majority vote. In the event that additional Scopes above the Total Costs Amount are so approved, any dissenting OWNER may elect to withdraw from this Agreement in accordance with the requirements of paragraph 9 hereof. 5. Reimbursement of Expenses. OWNERS will reimburse JEA on a monthly basis and within 30 days of invoicing by JEA in consideration of this Agreement based on actual costs incurred during the preceding month. Costs to each OWNER will be paid proportionally to each utility's 2007 total annual average daily flow for the duration of this Agreement, as follows: Percentage Reimbursement Table Owner 2007 Reimbursement Total Annual Cost Total Cost Amount AADF ( %) MGD City of Atlantic 2.55 1.39 $6,958 $20,875 Beach Clay County 14.63 7.98 $39,923 $119,768 Utility Authority Page 2 of 8 + ,-. �'• i.,r�.' !� T bk.` �� rl -- '�- - r rT54 - :4.': � _� ikl�� •• - 1.� a`�� ff!�so- ;, #, -. ..,, �1; �' • s•lJt+�, �� :i s ...ti��1t 'i' I!�.�µ� i 4 r-5�'„' Zt?: ' �r a'�yP ' il k �' ' w ', a ' . r _•��1 }ryae'1°�'�� }.p/� l� ~ AL S M t r ' I - = -1 L - i � L � - ' ••n � — �� � � -- ■ br a i ,,5,�' �--rr � w . xii' � f .�• L i e lr --`� I w ,+, I ti }i�E' L , ' Z:. ...L. Sl Kati -.5.: _'i �i1 -'-• -�'�. 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A "Wo d Z k rr 1' ��••? y i.l r:l � 1h'}Y: �h {i i: f•�'" :4 J"N I na . ryt., ;•, {ih- ;:C�i� # =;vl a,'_ rV �i'�i� '.�:' ,' �� r S �1�.'�!: ;t�' _:- S�.r P C i L 010 1 6 W V3 —.r t LY 63 IN I C '� ��:f'1 +1 w, - ><r����i{ r �• `• - ~'� ` �* � r. ' .�,4 : r + . +1� _ + r' 1.. � �r1R�; �lt�� 1� I �2 ' f: I , - . Y� �• W W - VW . '�O . 51 ' iy .3a 6 AGENDA ITEM # 8D JANUARY 9, 2012 Scopes. Payment in full for the remaining balance shall be due within thirty (30) days of separation. The withdrawing OWNER will not be responsible for costs associated with any phases of the Scopes not yet started and future costs for phases not yet started will be redistributed among the remaining OWNERS within the limitations of the Total Annual Cost and Total Cost Amount OWNER allocation described above. 10. Execution. This Agreement may be executed in multiple counterparts, each of which shall be considered an original document for all purposes. 11. Termination. This Agreement shall terminate on September 30 2014 or upon the completion of the Scopes, whichever shall first occur, unless terminated earlier by the procedures set forth herein. In the event of termination before completion of the Scopes, the OWNERS shall be responsible for their respective shares of services performed to the date of termination, and no compensation previously paid for services performed in accordance with this Agreement shall be refundable by JEA. Signature Page Follows: Page 5 of 8 AGENDA ITEM # 8D JANUARY 9, 2012 AGREED TO on this day of 9 2012 Memorandum of Agreement to assess groundwater resource sustainability in Northeast Florida DATE: CITY OF ATLANTIC BEACH Jim Hanson City Manager City of Atlantic Beach 800 Seminole Rd. Atlantic Beach, Florida 32233 DATE: CLAY COUNTY UTILITY AUTHORITY Ray O. Avery Executive Director Clay County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068 Page 6 of 8 AGENDA ITEM # 8D JANUARY 9, 2012 DATE: CITY OF GAINESVILLE David M. Richardson Assistant General Manager, Water /Wastewater Systems City of Gainesville 301 SE 4th Avenue Gainesville, Florida 32601 DATE: DATE: CITY OF GREEN COVE SPRINGS Danielle J. Judd City Manager City of Green Cove Springs 321 Walnut Street Green Cove Springs, Florida 32043 CITY OF JACKSONVILLE BEACH George D. Forbes City Manager City of Jacksonville Beach 11 North Third Street Jacksonville Beach, Florida 32250 Page 7 of 8 AGENDA ITEM # 8D JANUARY 9, 2012 DATE: JEA John P. McCarthy Director, Procurement Services JEA 21 W. Church Street, CC6 Jacksonville, Florida 32202 DATE: CITY OF NEPTUNE BEACH Jim Jarboe City Manager City of Neptune Beach 116 First Street Neptune Beach, Florida 32266 DATE: DATE: TOWN OF ORANGE PARK Cindy Hall Town Manager Town of Orange Park 2042 Park Avenue Orange Park, Florida 32073 ST. JOHNS COUNTY Bill Young Utility Director St. Johns County 1205 SR 16 St. Augustine, Florida 32084 Page 8 of 8 i � tiL G l ,a • # y Ind tr* + C� � I .. I �� � � '- ['fir {J �• + N f, {� 5 a a� ��t'•'• �I y 'r``A1 1 �� � f '�� ;. I RI 4 s AL. J � I t l d f'�' ;r���'�Y�y. .1. i"i5rs ; 'x h' r'�y' f' - • * � i� �I•�r �f a - 6' , I r , 1 � L• . i# t',; �. •� � L} • .-� � ` � ..{ I�• , , ''� �' • '!_ � l�, f �' `x +, 7 � �'•k ';f� }i .iIN <:y rl- 'n It �� IF PI � r a . , +, ,Y •} a A' .w �' _ ,' -�:I {. �F��� :��., ` :�i {�!'; Fj _ �.�k5;s?'1 .. �_�t� s�' , ,�i x•' '' �f . - .'i� '.. 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' A Ow Ill IRP--qp- A- - 7my V-IP -W in 77"" VTIW b. f It k Ar -4M r . . . . . . . .. :.'491 �� _ � r 4 y.� 4 � ���.. �. 4,.�7r k -�} r.�l�r.,�WF�' ,`+�' .� r .. la'y� .{!.�},S . . . . . . . . ... AGENDA ITEM # 8E JANUARY 9, 2012 CITY OF ATLANTIC BEACH COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request to apply for a USTA 10 and Under Tennis (QuickStart) Line & Conversion Grant DATE: December 21, 2011 SUBMITTED BY: Timmy Johnson, Recreation & Special Events Director BACKGROUND: Staff is requesting authorization to apply for funding through the United States Tennis Association (USTA) 10 and Under Tennis (QuickStart) Line & Conversion Grant. This is a 50% reimbursement grant approved by the USTA to communities across the country to assist with the painting of 36' and 60' tennis lines on existing courts. Quickstart is a competitive play format that features modified equipment and courts to allow kids to actually play the game of tennis. The USTA has modified six different variables: age, court size, net height, ball speed and weight, racket length, and scoring. This gives kids 10 and under the opportunity to play on courts their size. Over the past several years, Tennis Pro Penny Raukis has been providing tennis lessons for kids at Donner and Russell Park. Approximately 20 kids are participating in the program at Donner Park. This will give us the opportunity to start or join a Quickstart Tennis League. BUDGET: The cost to paint blended lines for USTA 10 and under programs on four courts at Russell Park and two courts at Donner Park is $760. RECOMMENDATIONS: Authorize staff to submit a USTA 10 and Under Tennis (QuickStart) Line & Conversion Grant to enhance the kids'tennis program in Atlantic Beach. ATTACHMENTS: None REVIEWED BY CITY MANAGER- M� 6:4 -,Jill PLK 16 AGENDA ITEM # 8F JANUARY 9, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Sewer Rehabilitation for FY12 SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: December 22, 2011 BACKGROUND: The City's Sewer Master Plan Update recommended that the City use cured -in -place pipe technology to upgrade the old, cracked clay sewer mains, and use lining to rehabilitate deteriorated manholes. For past sewer rehabilitation projects, the City has piggybacked on existing JEA contracts. These are large dollar contracts that were competitively bid. JEA awarded a 3 -year, $5+ million contract to Insituform Technologies, Inc. on November 15, 2011 for cured -in -place pipe. For manhole rehabilitation, JEA has a 3 -year, $1.5 million contract with Concrete Conservation, Inc. (CCI) that was awarded in May 2011. The sewer rehabilitation project for FY12 will include: Cleaning and televising all of the cast iron and ductile iron gravity sewer mains to determine their condition, and lining them with cured -in -place pipe as needed. Continuation of cured -in -place pipe and manhole lining in sewer mini- systems A & B— the eastern side of the City north of 7 th St. (The specific footage and location will depend on how much work is needed on the cast and ductile iron sewer mains). Replacement of terminal cleanouts and "tees" with proper manholes to allow certain sewer mains to be lined and provide access for future maintenance. This work will be completed by the City's annual utility contractor, Gruhn May, Inc. Using the JEA contract unit prices for Insituform, the cost for cured -in -place pipe rehabilitation for the project is approximately $206,703. Using the JEA contract unit prices for Concrete Conservation, manhole rehabilitation is $156 per vertical foot. For approximately 18 manholes, the cost for manhole rehabilitation is $19,968. Replacement of the terminal cleanouts and tees with proper manholes under the City's contract with Gruhn May, Inc. is estimated to cost $43,243. Staff would like to reserve an approximate 10% contingency of $30,085 to be used for any necessary point repairs discovered, or additional cured -in -place pipe or manhole rehabilitation. BUDGET: A total of $300,000 is budgeted for sewer rehabilitation in the Sewer Fund under account number 410 - 5506 -535 -6300. AGENDA ITEM # 8F JANUARY 9, 2012 RECOMMENDATION: Authorize Insituform Technologies, Inc. to install cured -in -place pipe (CIPP) for the FY12 Sewer Rehabilitation Project in the amount of $206,703, using specifications and pricing in JEA Contract No. 116616. Authorize Concrete Conservation, Inc. to provide manhole rehabilitation for the.project in the amount of $19,968 using specifications and pricing in JEA Contract No. 113044. Authorize Gruhn May, Inc. to install manholes in place of terminal cleanouts and tees in the amount of $43,243 using the pricing in Bid No. 1011 -02. Authorize a contingency of $30,085 to be used for any of the three contracts as needed. Authorize the City Manager to sign the contracts with Insituform Technologies, Inc. and Concrete Conservation, Inc. ATTACHMENTS: 1. Cost Estimate for project using JEA's Insituform and CCI contract pricing and Gruhn May's annual contract pricing. 2. Concrete Conservation, Inc. contract. 3. Insituform Technologies, Inc. contract. REVIEWED BY CITY MANAGER: C=–,/— AGENDA ITEM # 8F JANUARY 9, 2012 Insituform Technologies, Inc Unit Pricing Per JEA Contract #116616 Concrete Conservation, Inc. Unit Pricing Per JEA Contract #113044 Bid Item ; Beach FY 12 Sewer Rehab Project $ 206,703.04 Bid Item Spec Est. Qty. Units Description Unit Prices Total 2 961.1 4100 LF Furnish and install 8" CIPP lining, 6 mm thick $ 27.25 $ 111,725.00 3 961.1 1050 LF Furnish and install 10" CIPP lining 6.0 mm thick $ 29.65 $ 31,132.50 4 1 961.1 350 LF Furnish and install 12" CIPP lining, 6.0 mm thick $ 31.80 $ 11,130.00 27 963.4 55 EA Reconnect existing services using robotic internal cutter $ 250.00 $ 13,750.00 28 963.5 8 EA Hammer Tap Removal $ 148.00 $ 1,184.00 33 965 5500 LF CCTV and Light Clean 8" — 21" Dia pipe $ 3.00 $ 16,500.00 35 965.1 800 LF Tuberculation Removal 8" —12" Diameter $ 18.20 $ 14,560.00 52 427.4 10 EA Connection to Existing Manhole 6" Service Lateral $ 160.00 $ 1,600.00 75 441 -1 10 SY Sodding $ 8.00 $ 80.00 7.3.16 Percent General Conditions 2.50% $ 5,041.54 $ 206,703.04 Concrete Conservation, Inc. Unit Pricing Per JEA Contract #113044 Bid Item ; Spec Est. Qty. Units Description Unit Prices Total 6 $ 4 $ 37,104.00 1 EA Replace tee in mainline with manhole $ 6,139.00 through COST: JESTIMATED TOTAL $ 43,243.00 10 446 -2 128 VF Spectrashield existing manholes Types A -F $ 156.00 $ 19,968.00 COST: IF-STIMATED TOTAL $ 19,968.00 Annual Utility Contractor Items - Gruhn May, Inc. Per City Bid No. 1011 -02 Est. 'City. Units ' Description Unit Prices Total 8 EA Replace terminal cleanouts with manholes $ 4 $ 37,104.00 1 EA Replace tee in mainline with manhole $ 6,139.00 $ 6,139.00 COST: JESTIMATED TOTAL $ 43,243.00 TOTAL FOR ALL CONTRACTORS $ 269,914.04 CONTINGENCY $ 30,085.96 12/21/2011 page 1 of 1 AGENDA ITEM # 8F JANUARY 9, 2012 AGREEMENT UTILIZING JEA CONTRACT # 113044 BETWEEN THE CITY OF ATLANTIC BEACH AND CONCRETE CONSERVATION, INC. FOR FY12 GRAVITY SEWER REHABILITATION THIS AGREEMENT, made and entered into in duplicate this day of , 2012 (hereinafter referred to as the "Effective Date "), by and between the CITY OF ATLANTIC BEACH, a municipal corporation existing under the Constitution and the laws of the State of Florida, ( hereinafter referred to as the CITY) and CONCRETE CONSERVATION, INC., a corporation authorized to do business in Florida with principal office at 9716 Florida Mining Blvd. W., Jacksonville, FL 32257- 2028 (hereinafter referred to as the Contractor), for the FY12 Gravity Sewer Rehabilitation (hereinafter referred to as the Project). WITNESSETH: WHEREAS, effective May 19, 2011, JEA entered into Contract Number 113044 (hereinafter referred to as the "JEA Contract ") with Contractor; and WHEREAS, said Contract is in full force and effect until May 20, 2014 and has been competitively procured and awarded by JEA as contracting authority according to Florida law; and WHEREAS, The Atlantic Beach Code, more particularly Section 2 -336 (6), Code of Ordinances authorizes and allows the CITY to use inter alia contracts of other local governmental entities, including JEA, which have been competitively procured and awarded; and WHEREAS, the JEA Contract is broad enough to include the Project and Contractor has agreed to allow the CITY to use its JEA Contract; and WHEREAS, it is in the best interest of the parties to use the JEA Contract for the Project and to add those contractual provisions the CITY is required to use by ordinance �-V k 1 9 � .4 P. v -41 IN y .j ;1wo L. 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V 6 I" ' "� { + v IL Ij .16L.t 4- t t roll?, ;I r FY I � - A�'� + -,'Ski \�9y"�y 1 _ 1 4` '_�� 'Yw �. .h� •�a: +II�f �`+E Lr �: i;:3 .3 1 „41 h! lfl y., 1.K'��� r'Y���' � -4� � _rY,ir , �ii �f rl'v 1i�1 - �' v� •� _�, ,t t a 1 r� i p': vallm�4 Idw IWS 16 . . . . . . . d4 . 4t I T V P I III I fr 6i 1,16 �,� . } " a.v,�` > rs_':.•. , �h,t: *av ,••� "_s'lvrF °�'c.��� �k `.•�;t'.41 14 - {.� #! •��� '��� '•' }} " �:�r ., IF. :•i1 'i 1 -:1 �:ri7 ,. ..i� v�,T,�v .s�r.4• :IS�'� �7��S: Id `'li3lt. ;:3 � [I� ti �•.i:�;.� - P AYR Y. 4, 1 11-l -4y = 1, ! .4 . j . i 4�' gi p ' IF w w AGENDA ITEM # 8F JANUARY 9, 2012 ordinances shall include, but are not limited to, Chapter 119, Florida Statutes, (the Florida Public Records Law) and Section 286.011, Florida Statutes, (the Florida Sunshine Law), as they apply to the Project contemplated in this Agreement. If any of the obligations of this Agreement are to be performed by a subcontractor, the provisions of this Section shall be incorporated into and become a part of the subcontract. ARTICLE 8: Conflict of Interest: The parties will follow the provisions of applicable ordinances and laws with respect to required disclosures by public officials who have or acquire a financial interest in a bid or contract with the CITY, to the extent the parties are aware of the same. ARTICLE 9: Non Discrimination: The Contractor represents that it has adopted and will maintain a policy of non discrimination against employees or applicants for employment on account of race, religion, sex, color, national origin, age or handicap, in all areas of employment relations, throughout the term of this Agreement. The Contractor agrees that, if any of the Services to be provided pursuant to this Agreement are to be performed by a subcontractor, the provisions of this Article shall be incorporated into and become a part of the subcontract. ARTICLE 10: Counterparts: The parties agree that for the execution of this agreement, time is of the essence. Therefore, this Agreement, and all amendments thereto, may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. The parties further agree that facsimile ( "fax ") or e -mail transmission of all signatures with originals to follow shall constitute and be evidence of an executed Agreement. [Remainder of page is left blank intentionally. Signature page follows immediately.] —4— AGENDA ITEM # 8F JANUARY 9, 2012 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: By Type/Print Name CITY OF ATLANTIC BEACH: IC Type/Print Name Jim Hanson Title ATTEST: IC ignature Type/Print Name Title: City Manager CONCRETE CONSERVATION, INC. By Signature . Type rmt Name Title Title —5— AGENDA ITEM # 8F JANUARY 9, 2012 AGREEMENT UTILIZING JEA CONTRACT # 116616 BETWEEN THE CITY OF ATLANTIC BEACH AND INSITUFORM TECHNOLOGIES, INC. FOR FY12 GRAVITY SEWER REHABILITATION THIS AGREEMENT, made and entered into in duplicate this day of , 2012 (hereinafter referred to as the "Effective Date "), by and between the CITY OF ATLANTIC BEACH, a municipal corporation existing under the Constitution and the laws of the State of Florida, ( hereinafter referred to as the CITY) and INSITUFORM TECHNOLOGIES, INC., a corporation authorized to do business in Florida with principal office at 6972 Business Park Blvd. Jacksonville, FL 32256 (hereinafter referred to as the Contractor), for the FYI Sewer Rehabilitation (hereinafter referred to as the Project). WITNESSETH: WHEREAS, effective November 15, 2011, JEA entered into Contract Number 116616 (hereinafter referred to as the "JEA Contract ") with Contractor; and WHEREAS, said Contract is in full force and effect until November 15, 2014 and has been competitively procured and awarded by JEA as contracting authority according to Florida law; and WHEREAS, The Atlantic Beach Code, more particularly Section 2 -336 (6), Code of Ordinances authorizes and allows the CITY to use inter alia contracts of other local governmental entities, including JEA, which have been competitively procured and awarded; and WHEREAS, the JEA Contract is broad enough to include the Project and Contractor has agreed to allow the CITY to use its JEA Contract; and WHEREAS, it is in the best interest of the parties to use the JEA Contract for the Project and to add those contractual provisions the CITY is required to use by ordinance f ill r`T I ju! b e #ler f' 7r, 3 '. 1�. :rJ:. .:k 1r.: Y�i' :r'z ; lll } r }; +.�y'` F.'. :•R Vlrr. 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IFyiy i �.�,'�!` �r r • _ - 'G - - 7t Y? 7 .%q 2 -*� it ml ffm tj M I L 1 1 11 1 I li 11 6 A' ARV . 4 , I - 0 0 - I Or 2 1 i tl% WX $!I iFx"�i II�� r sl�•�•ri± if ,n'1 y i_ 'I � ..4, M1!I 4� ",�i� .i,r ' { ^�ir�f'_�,C;1: h . ; . I S } .• , - j W.. w n I j" I r I ..I I I — 1 11 vf L-'l P, j -1 t 1 4 i t 'ill L I I d, i d:, A- I 4 MA 1 4 YL LWo Or. 1 r OVA NO % eg PC IL t 7 7 I N I l ., .-e L��. ky :-f p MAL am T 7' A Y:1 Jja -6, ' 11Ap MRMF Emir AGENDA ITEM # 8F JANUARY 9, 2012 ordinances shall include, but are not limited to, Chapter 119, Florida Statutes, (the Florida Public Records Law) and Section 286.011, Florida Statutes, (the Florida Sunshine Law), as they apply to the Project contemplated in this Agreement. If any of the obligations of this Agreement are to be performed by a subcontractor, the provisions of this Section shall be incorporated into and become a part of the subcontract. ARTICLE 8: Conflict of Interest: The parties will follow the provisions of applicable ordinances and laws with respect to required disclosures by public officials who have or acquire a financial interest in a bid or contract with the CITY, to the extent the parties are aware of the same. ARTICLE 9: Non Discrimination: The Contractor represents that it has adopted and will maintain a policy of non discrimination against employees or applicants for employment on account of race, religion, sex, color, national origin, age or handicap, in all areas of employment relations, throughout the term of this Agreement. The Contractor agrees that, if any of the Services to be provided pursuant to this Agreement are to be performed by a subcontractor, the provisions of this Article shall be incorporated into and become a part of the subcontract. ARTICLE 10: Counterparts: The parties agree that for the execution of this agreement, time is of the essence. Therefore, this Agreement, and all amendments thereto, may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. The parties further agree that facsimile ( "fax ") or e -mail transmission of all signatures with originals to follow shall constitute and be evidence of an executed Agreement. [Remainder of page is left blank intentionally. Signature page follows immediately.] —4— AGENDA ITEM # 8F JANUARY 9, 20 ] 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: By Type/Print Name Title TEST: B y Signature Type/Print Name Title CITY OF ATLANTIC BEACH: y Type/Print Name Jim Hanson Title: City Manager INSITUFORM TECHNOLOGIES, INC. y Signature Type/Print Name —5— ~� ~.~ dib ka Y J.j MP WA tit 7 Tj W lain Tli AGENDA ITEM # 8G JANUARY 9, 2012 ATTACHMENT A. SCOPE OF SERVICES A.1. PROJECT UNDERSTANDING The Cities of Atlantic Beach (COAB) and Neptune Beach (CONB) currently rely on the City of Jacksonville (COJ) for the provision of municipal solid waste disposal at the COJ /Duval County Trail Ridge Landfill, and for yard waste and construction and demolition (C &D) debris disposal at the Old Kings Road landfill run by Advanced Disposal. The Cities are disputing the rigorousness of the process undertaken by COJ to establish a defensible uniform solid waste processing and disposal fee. Accordingly, the Cities are seeking the assistance of a consultant with a detailed understanding and extensive experience with both full cost accounting and municipal waste management operations, for the purpose of evaluating COJ's process and the resulting uniform fee structure. MidAtlantic Solid Waste Consultants (MSW Consultants) submitted a proposal to the Cities of Atlantic Beach and Neptune Beach to perform this project. Our proposal committed two senior professional staff to jointly review available information and perform the required analysis. Our approach to this project will attempt to verify that COJ has accurately and reasonably compiled appropriate financial, operating, and customer documentation and has adequately and defensibly allocated system expenses to appropriate cost centers and customer classes. We will also observe and comment on unique and noteworthy policies that may impact COJ's tabulation of the full cost. The specific approach to complete this assignment is shown below. A.2. SCOPE MSW Consultants will perform the following tasks. Task 1: Review of Publicly Available Information and Preparation of Data Request: MSW Consultants will first review publicly available information about COJ's waste management system, program, policies, and finances. This review will include the COJ CAFR, budget documentation, solid waste ordinance, interlocal agreements, collection contracts, disposal facility operating contracts, etc. MSW Consultants will compile, review and index these sources. MSW Consultants will also compile historical material quantity and other relevant data from COAB /CONB. Based on the review of publicly available information, MSW Consultants will draft a formal information request(s) for submission to COJ. Prior to sending to COJ, the information request(s) will be reviewed by COAB /CONB and comments integrated. (Duration: 1 week) Task 2: Submission of Data Request and Review of Responses: MSW Consultants will, in conjunction with COAB /CONB, submit the data request to COJ, and compile and review responses. This review will focus on the sufficiency of provided data to support COJ claims of full cost as well as establishment of a uniform fee. (Duration: 1 week upon receipt of responses from COJ). Task 3: COJ Meetings: MSW Consultants, in coordination with COAB /CONB, will prepare for, attend, and facilitate meetings with COJ personnel to review remaining data needs and identified deficiencies. The budget for this task assumes up to two days of meetings to cover both financial, operational, and other key personnel. (Duration: 2 days, subject to COJ staff availability). COAB /CONB A-1 MSWCONSULTANTS AGENDA ITEM # 8G JANUARY 9, 2012 ATTACHMENT A Task 4: Development of Preliminary Findings: MSW Consultants will prepare a concise summary of key findings for review and discussion with COAB /CONB staff and legal counsel. MSW Consultants will attend a meeting with COAB /CONB to systematically review findings and obtain guidance for preparation of the summary report. (Duration, 1 week). Task 5: Summary Memorandum: MSW Consultants will draft a summary memorandum itemizing the approach, materials provided and reviewed, and notable findings and observations about the veracity of COJ's rate setting process and results. MSW Consultants will review the draft memorandum with COAB /CONB, integrate COAB /CONB comments, and submit a final memorandum. (Duration: 2 weeks). Additional Services: MSW Consultants cannot predict the level of responsiveness from COJ, nor the availability of COJ staff to review and respond to questions. The following tasks would constitute additional services: additional meetings with COJ staff beyond the two days of meetings included in the scope; additional iterations of written clarifications and /or additional data requests; presentations to COAB /CONB on findings /results; and other tasks not completed within the steps itemized above. A.3. BUDGET The total project budget for Subcontractor is $18,900. Task breakdowns are shown in the following table. Budget Task Hours Total Cost (incl. Expenses) 1) Review of Public Info 32 $3,600 2) Review of COJ Responses 36 $4,100 3) COJ Meetings 34 $4,400 4) Preliminary Findings 16 $2,200 5) Report 42 $4,600 Total 160 $18,900 A.4. SCHEDULE Assuming one week of time for COJ to fully respond to information requests, and one week for scheduling and attending meetings with COJ management, operational, and financial staff, preliminary findings are expected to be developed within thirty days of receipt of notice to proceed. Delays incurred due to partial responsiveness or unresponsiveness from COJ will extend the schedule commensurate with the duration of the delay(s). The final report will be developed within two weeks of receipt of comments from COAB /CONB on the preliminary findings. MCONSULTANTS A -2 COAB /CONB y 11 411ir. -%I I L -ww TD �k" x T J1 � iy =, +�^�+,� -� i - t. •'� ,f. # y . RY r ' .r� � - Y �i4'': 1jyR ' - i• 1 'SYA,r }:� i's'. ,r, �,}•. 7:.�� CN � A MOM 5 :M Akl 1 � 1_911 1- S 7 . 1 0 4 'vura 7 4 - i w - !'�J'� � [','�[7�� 1�� ZA .1� L ,y ..},. 5 � �W*- � - Yr 1 �.' � • ]ktirri r' } ry .,� - s'. i�;il �'i�' �'��i *� ,tiy. +�'i �''s: vi •tlr =�.s. -, a • �'r# ;l .�fr * .,:'s l y. —�'I�I j "i�. � F'�i: :�'� �.1�,��')� ='i rr �I51r� �'r'+ 6 L I N n IF 3 p x z i , I IL v7' m dk Ap '•3' � 3T y !' . �' .1}� J r ' 'r4 r1 `q, �S , { R�{' ' p ''�ti i� fi�Y.[ { 16' L Iji qr r AGENDA ITEM # 9A JANUARY 9, 2012 January 3, 2012 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanso -I SUBJECT: City Mana Report Water Loss At the City Commission meeting on January 9` Donna Kaluzniak will present a PowerPoint presentation on water loss in the Atlantic Beach system and steps that have been and will be taken to run the system efficiently. This report is being made in response to questions raised by the City Commission at previous meetings. Report on progress meeting TMDDL guidelines at the Wastewater Plant Donna Kaluzniak will also make a report of the City's progress to date in making capital improvements to comply with the TMDL wastewater standards to reduce nitrogen discharges into the St. Johns River.