Agenda Packet 1-23-12CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
January 23, 2012 - 6:30 PM
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve the minutes of the Regular Commission Meeting of January 9, 2012.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow -up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Monthly Financial Report and Building Department Report
for 2011.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 20 -12 -113, Public Hearing and Final 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. Memorandum of Agreement Between City of Atlantic Beach and North Florida Utility
Coordination Group (NFUCG) to Assess Groundwater Sustainability in Northeast
Florida. (City Manager)
B. Sewer Rehabilitation for FY12. (City Manager)
C. Clarifier Repairs at Wastewater Treatment Plant #1 (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
A. History of creation and appointment of committees (City Clerk)
B. Continue discussion regarding City Attorney's opinion on Committees. (Commissioner
Woods)
C. Committee on Police Building needs (Mayor Borno)
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 20, 2012.
PJ
MINUTES
REGULAR CITY COMMISSION MEETING
January 9, 2012
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mike Borno
Mayor Pro Tem Maria Mark
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Carolyn Woods
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Call to Order/Pledge:
Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Mark gave the Invocation, followed by
the Pledge of Allegiance to the Flag.
1. Approve the minutes of the Regular Commission Meeting of December 12, 2011.
Motion: Approve the minutes of the Regular Commission Meeting of December 12, 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.
Dezmond Waters, 1835 Seminole Road, addressed the Commission regarding the request Dutton Island
Gardeners submitted for matching funds under the City's existing beautification policy. He explained the
request for the funds for the Community Garden showing a slide of the location indicating the improvements
they plan to make to the site. He turned the podium over to Jesse Dattilo who is with their community
involvement, who will be followed by Lance Wilson who designed the garden plan.
Jesse Dattilo, 1983 Beach Avenue, stated she has been a volunteer at Donner Park with their after school
program for three years. She further addressed the Community Garden, stating this project will be a win/win
for the whole community and especially for the citizens around Donner Park and the area around the garden.
Lance Wolfson, 1725 Beach Avenue, explained the drawing of the site plan he designed for the community
garden stating they wanted to create a community garden that would allow people to come by and plant
vegetables and flowers. He stated it is a good way to create a sense of community. He stated he wanted to
provide areas for seating and this is a basic plan to show them what they were thinking and planning. He
showed a slide of an initial rendering depicting a fence, storage shed, rain barrel, and two compost piles.
January 9.2012 REGULAR COMMISSIO MEETING Page 2
Commissioner Maria Mark presented a basket to the DIG group as a thank you from herself personally. She
stated when she had her medical emergency the group left a bunch of healthy greens at her door and this is
her way of thanking them.
Philip Ghiotto, 1528 Park Terrace West, addressed the Commission regarding the proposed relocation of
the green market to Johansen Park stating he and his wife enjoy the park as it was intended, a passive park.
He stated relocating the market to Johansen Park is a terrible idea because it offers no parking. He stated any
parking would be within the park area which would lead to killing any ground cover and would impact the
root system of nearby trees. He asked why they continue to see proposals that are inconsistent with that
passive park designation. He stated the park has been in its current existence as a passive park for almost 56
years and asked if this Commission is ready to change 56 years of it being a passive park. He also asked if
the organizers have considered changing the day that the market meets so people can actually visit the market.
He stated, to him, Wednesday is a really off day and he believes a Saturday would be much better attended.
He also asked if the organizers of the market have considered other locations, such as Jack Russell or Howell
Parks or contacting Selva Marina Country Club, which has a large parking area. He stated he does not
believe the proposal fits the definition of a passive park and parking vehicles there would have a very adverse
impact on the park. He reiterated that Johansen Park has existed in its current state since May 1956 and he
urged the Commission to leave the park alone.
John November, 647 Beach Avenue, thanked David Thompson for his service to the community, stating his
dedication and love for the City is truly admirable. He also announced that the Marsh Preservation Society
has acquired the funds to donate a number of Adirondack chairs and an educational cigarette butt receptacle
called a bait tank. He thanked Rick Carper, Tim Gilboy, Jim Hanson, Wade Olszewski, and Maria Mark for
all their efforts in making this a reality. He stated in his opinion this really fosters a sense of community on
that side of town. He further addressed the DIG community garden stating this is a perfect use of the
beautification money and will give them the boost they need to make this happen but it will ensure its
sustainability over time. He also addressed the opinion requested by Commissioner Beckenbach to City
Attorney Alan Jensen. He stated this opinion was related to the ability of the appointment of committees,
which is a major issue due to our current status over the situation with the police station. He stated
Commissioner Beckenbach requested a legal opinion from the City Attorney, whose role is to be a counselor
at law and an attorney and provide legal opinion to that particular question asked. He stated, in his opinion,
Mr. Jensen made a very cursory opinion that jumped to a conclusion that he believes is inconsistent with the
purpose and intent of our City Commission form of government and what would be the best situation for our
City moving forward. He stated this should not have required a City Commissioner to go forward and do his
own research and not be able to depend on the opinion of an attorney. He stated he is an attorney and
believes the opinion rendered by Alan Jensen was not sufficient to provide a decent and essential opinion to
Commissioner Beckenbach's request.
Jeff Wight, 1908 Sea Oats, volunteer member of the Cultural Arts and Recreation Advisory Committee
( CARAC), addressed the relocation of the mid -week market. He explained the background of the market and
how it is run. He stated CARAC has unanimously proposed the relocation to Johansen Park, showing a slide
of the area in Johansen Park where they are requesting to relocate. He stated they need to be in a visible spot
and estimates that this location is 10 times as visible as the current location. He believes it is realistic they
could double their customers at this location, which is their goal. He stated they are not looking to expand
and be a large market but to remain a small happy market that delivers fruits and vegetables to Atlantic
Beach. He stated they wish they had started the market at Johansen but chose Bull because it was family
friendly and was a great spot for music but it is a little too hippy for them, which is why they have proposed
this move to Johansen.
January 9 2012 REGULAR COMMISSION MEETING Page 3
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.
Mr. Hanson gave a follow -up report on online auctions, stating historically Atlantic Beach has sold their cars
at a single once a year auction. He stated they have tried out a couple of the largest online auction sites
recently and concluded they received about the same amount of money as they would through an in- person
auction. He stated it takes about the same amount of time in putting something online for auction as it would
be to take it to Jacksonville Beach and sell it. He stated, however, the online auctions have a big advantage in
that they can sell a vehicle very quickly rather than having them sit at Public Works for months, which tends
to degrade the vehicle. He stated staff believes there is a place for the online auctions in some situations and
the City's purchasing policy says we can cooperatively sell the property by public auction and doesn't specify
whether it is in person or online. He stated, therefore, staff considers it a viable alternative depending on the
situation, so they will be using both.
He also reported on John November's comment regarding the donation of the furniture for Sunset Pier,
showing a slide of sample chairs. He stated staff believes they need to be bolted down and believes they are
in agreement on that. He stated they can approve putting these in under the memorial donation policy. He
stated this does not need Commission approval but did want to follow up, stating he appreciates the support
of this group in raising funds for an important project. Commissioner Daugherty asked when the chairs will
be in. Mr. November stated they will be installed in a month.
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.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Items A & B as read.
Moved by Daugherty, Seconded by Woods
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
January 9, 2012 REGULAR COMMISSION MEETING Page 4
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.
Mayor Borno read Resolution No. 12 -01 by title.
Motion: Approve Resolution No. 12 -01.
Moved by Woods, Seconded by Daugherty
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Borno read the resolution in its entirety and presented it to Assistant City Manager David Thompson.
Item 8C was taken out of sequence and acted on at this time.
8C. Present badge and gun to David Thompson.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Borno presented Mr. Thompson with the gun and badge, stating he should carry it in health and for the
safety of the good.
Mr. Thompson thanked the Commission and those in the audience, stating he is looking forward to getting
back into law enforcement. He stated he believes life is an adventure. He introduced his family who were in
the audience.
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.
Mayor Borno read Ordinance No. 60 -12 -17 by title.
Mayor Borno stated in the past it has been recommended by the Chief of Police that police officers taking a
full retirement have been awarded their badges and their duty pistols and in each case the Police Department
has brought these matters before the City Commission to obtain approval. He stated the purpose of this staff
report is to seek approval to continue this tradition.
January 9 2012 REGULAR COMMISSION MEETING Page 5
Motion: Approve Ordinance No. 60- 12 -17.
Moved by Woods, Seconded by Beckenbach
Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing.
Building Official Mike Griffin stated at the first reading of the Ordinance on December 12, 2011, at the request
of the Commission, staff added a change to Section 17 -29(a) (1) a and (2) a as indicated in Exhibit A. Mr.
Hanson stated the Commission will need to vote to amend the Ordinance.
Motion: Amend the Ordinance as worded by staff to limit signage to 100 s.f. if the building is within 100
feet of the right -of -way and to allow up to 200 s.f. if the building is beyond 100 feet from the right -of -way.
Moved by Woods, Seconded by Beckenbach
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Motion: Approve Ordinance No. 60- 12 -17, as amended.
Moved by Woods, Seconded by Beckenbach
Commissioner Beckenbach thanked Mr. Griffin for taking him around to the different areas to show him what
the signage would look like. He stated he believes the amended ordinance is excellent for the community.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
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 MONEY JUDGEMENTS; PROVIDING FOR A FEE
STRUCTURE FOR RELEASE OF LIENS; PROVING FOR PROCEDURES FOR CONTEST, APPEAL
AND REHEARING; PROVIDING NOTICE REQUIREMENTS, AND PROVIDING AN EFFECTIVE
DATE.
Mayor Borno read Ordinance No. 5 -12 -54 by title.
Motion: Approve Ordinance No. 5- 12 -54.
Moved by Daugherty, Seconded by Mark
Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
January 9, 2012 REGULAR COMMISSION MEETING Page 6
MOTION CARRIED
C. ORDINANCE NUMBER 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 PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 5 -12 -55 by title.
Motion: Approve Ordinance No. 5- 12 -55.
Moved by Daugherty, Seconded by Beckenbach
Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public
Hearing.
Commissioner Daugherty asked if there will still be two meetings on the night the new Commission is
seated. Commissioner Woods stated this does not change any of the procedures. Mayor Borno agreed
that would be a different procedure, this is just on the night of the election. Mr. Hanson explained that
will not have a bearing on that; they will still have two basic meetings on that first night, one to conclude
the business of the outgoing commission and swear in a new commission and then one to cover whatever
agenda you have for the new commission.
Commissioner Beckenbach asked if this is passed, will the next meeting be at 6:30. Mayor Borno stated
yes.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
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.
Mayor Borno read Ordinance No. 20 -12 -113 by title.
Motion: Approve Ordinance No. 20 -12 -113.
Moved by Woods, Seconded by Daugherty
Chief Classey explained this budget ordinance has two components, the first is regarding a justice
assistance grant we were recently awarded and the second is related to forfeiture income, which is
being moved from the account balance to the expenditure account. He stated this is because the
monies from the JAG grant and the PGI money are being used jointly to purchase some of the
surveillance equipment.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
January 9, 2012 REGULAR COMMISSION MEETING Page 7
MOTION CARRIED
S. Miscellaneous Business
A. Request for Financial Assistance related to Community Garden on City Property located on Dutton
Island Road.
Mr. Hanson explained the request stating it is similar to other requests the Commission has received that have
been funded under the City's Public Beach Access Beautification Program. He stated the policy was
amended to include landscape projects on medians and public roads. He stated this community garden
project does not technically meet the definition of the allowable uses, but otherwise it is very similar to the
other projects approved by the Commission. He explained the background of how the project came about.
He stated although no funds have been budgeted for this, it is a small amount and can be taken out of fund
balance and would take a budget amending ordinance in the future. He explained our policy does call for a
maximum City match of up to $2,500. He recommended the Commission approve the request.
Motion: Approve the request of Dutton Island Gardeners for matching funds up to $2,500 to construct
and maintain a community garden on the City -owned lot on Dutton Island Road.
Moved by Daugherty, Seconded by Woods
Genevieve Fletcher, 804 East Coast Drive, stated her interpretation of the policy was that they can actually
apply for up to $4,000 in matching funds, which is not saying that is absolutely necessary but she just wanted
to let that be known in case it is an option. Commissioner Daugherty stated it actually says if a water tap is
needed the $4,000 is available. Discussion ensued and it was determined this project does not qualify for the
extra funds.
Commissioner Beckenbach asked what their plans are for educating the young children. Jesse Dattilo
explained the children who are involved now are children who are part of the after - school project at Donner
Park. She explained part of their project is to not only have the children actually do gardening but to teach
them about what will happen to what they plant, what's good to plant, what the seasons are, etc. Discussion
ensued.
Brittany Norris, 1304 Main Street, and Dezmond Waters spoke about the educational opportunities.
Discussion ensued.
Commissioner Beckenbach asked how many people are on the committee. Mr. Waters stated there are seven
committee posts filled, with one to be filled.
Commissioner Daugherty commended those working on this project and gave them a donation.
Ms. Dattilo announced they are having their first Fundraiser at Urban Flats in Ponte Vedra on Thursday.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
B. Relocate the mid -week Market to Johansen Park.
January 9.2012 REGULAR COMMISSION MEETING Page 8
Recreation Programs and Special Events Director Timmy Johnson explained the request stating he was here
to answer any questions they may have.
Commissioner Daugherty asked if they looked at Jack Russell Park as an option. Mr. Johnson stated they
looked at Russell Park and other locations and believe Russell Park is too busy.
Commissioner Daugherty asked why the current site is not adequate. Mr. Wight explained they are bringing
in about half the traffic they need to sustain the market. He stated they need a busier site, which is Johansen.
Commissioner Daugherty asked if they have considered moving it to Saturday. Mr. Wight stated they did not
want to compete with the green market. Mr. Johnson stated it is also harder to get the vendors to come out on
a Saturday because they may be at other locations. He stated Bull Park is not inadequate, they just believe
Johansen is a little more visible and would get more people to come out.
Commissioner Beckenbach asked if they have spoken with the residents around the park. Mr. Wight stated
they had not, but this is a small market and will not look anything like the larger markets. Commissioner
Beckenbach stated he has had residents speak to him who are really concerned about it growing past what Mr.
Wight is saying and believes it would behoove them to get with those people who live around the park. Mr.
Wight stated what they would prefer is a trial period. He stated if they put this on hold, it will create a very
unstable environment for the market and he does not believe this would be good. He believes if they made
the move to Johansen it would be easy and exciting but if they put it on hold it would be frustrating and
stressful for everyone involved. The Commission stated concern about approving the move before speaking
with the neighbors involved regarding the issues involved. Discussion ensued. Mr. Hanson suggested a
public hearing after Mr. Wight and his group go door -to -door to speak with the neighbors to minimize
opposition. Mr. Wight stated he would prefer doing this informally. Mr. Johnson suggested deferral until
they come back to the Commission. He stated this will give them time to contact various people who may
oppose it or be for it and they will then put something together to bring back to the Commission.
Motion: Defer until the CARAC comes back to the Commission.
Moved by Woods, Seconded by Mark
Commissioner Mark asked Mr. Carper if he looked at the site regarding parking. Mr. Carper stated his
concern is with multiple people parking in the same spot over and over it will be very hard to maintain any
grass along the side of the road.
Commissioner Daugherty asked why they don't have any stabilized parking for Johansen Park. Mr. Carper
stated they allow people to park along the roadway in the park because they are not routinely doing it and you
are not getting a car parked in the same spot over and over again, so the grass can recover. He stated his
recommendation would be to not allow any parking along Seminole Road, because there is too much traffic.
He stated to add stabilized parking along Park Terrace East or West is something they could do but any way
they do it they will damage trees. He stated he believes there is less harm to the trees by just letting people
continue to do what they do now.
Genevieve Fletcher stated Mr. Wight said visibility was an issue and noticed they always have the market
along the sidewalk and was wondering if there was a reason why it couldn't be on the green space at Bull
Park, which is more visible.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
January 9, 2012 REGULAR COMMISSION MEETING Page 9
MOTION CARRIED
C. Present badge and gun to David Thompson.
This item was taken out of sequence and acted on earlier in the meeting.
D. Memorandum of Agreement Between City of Atlantic Beach and North Florida Utility Coordination
Group (NFUCG) to Assess Groundwater Sustainability in Northeast Florida.
Mr. Hanson explained Donna Kaluzniak is out due to family illness and asked that Items D and F be deferred
until the next meeting. He also stated the two reports he referenced under his written City Manager Report
were also Ms. Kaluzniak's and he would like to defer them until the next meeting as well.
Motion: Defer Items 8D, 8F and 9A to the next meeting.
Moved by Beckenbach, Seconded by Daugherty
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
E. Request to apply for a USTA 10 and Under Tennis (QuickStart) Line & Conversion Grant.
Timmy Johnson summarized his staff report, showing slides of the tennis courts indicating the painted lines
for children 10 and under. He stated staff is requesting approval to apply for this matching grant.
Motion: Authorize staff to submit a USTA 10 and Under Tennis (QuickStart) Line & Conversion
Grant to enhance the kids' tennis program in Atlantic Beach.
Moved by Woods, Seconded by Daugherty
Mayor Borno stated the total cost to put the lines in is $760. Mr. Johnson stated that is for four courts at
Russell and two at Donner Parks. Mayor Borno clarified that if we get the grant there will be a $380 cost to
the City. He stated there is no money in the budget for this so they will have to adjust the budget in the future
if the grant is approved. Commissioner Daugherty asked if the time it will take staff to apply for the grant is
worth $380. Mr. Johnson stated it is not along process; it is just a two -page grant.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
F. Sewer Rehabilitation for FY12.
This item was deferred under Item 8D to the next meeting.
G. Approval of Scope and Fee for Cost Analysis of the COJ Solid Waste System.
January 9.2012 REGULAR COMMISSION MEETING Page 10
Rick Carper summarized his staff report stating they received four responses to the RFP. He stated after
review by Jim Jarboe, Jim Hanson and himself they came up with a short list of two firms and after
conducting interviews with the firms selected MSW Consultants due to their experience. He stated they have
received written agreement from the City of Jacksonville's Chief of Staff saying they will cooperate with the
study. He detailed what the study will involve.
Mr. Hanson explained this is a joint project with Neptune Beach and before they give MSW notice to proceed
they will have to get approval from Neptune Beach. Discussion ensued.
Motion: Authorize the City Manager to execute the agreement with MidAtlantic Solid Waste (MSW)
Consultants for the Cost Analysis of the COJ Solid Waste System.
Moved by Daugherty, Seconded by Mark
Commissioner Woods noted she was encouraged by the letter from the Mayor of Jacksonville.
Votes:
Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report.
City Manager Jim Hanson reported on the alcohol deployment on December 29, with three of 18
establishments selling alcohol to minors including Culhanes (3 violation), Kangaroo on Mayport Road
(6 violation), and Mama Tia's (1 violation, owner made sale). He pointed out when it is the owner of
the establishment who makes the sale, DBAT can proceed directly with fines and/or temporary revocation
of license.
10. Reports and /or requests from City Commissioners and City Attorney
Commissioner Mark
• Reported on Marsh Fest held on November 19, stating it was a huge success and they raised over
$2,800 in donations. Thanked Commissioner Daugherty and John November, for insisting we
revisit the idea of making this an annual community event; Timmy Johnson, Tim Gilboy, Chief
Classey, for making the event as successful as it was; Ed Hogan from Nautical Escapes who
handled all the marsh tours; Academy Sports that came out and had the fishing; David Thompson
for providing all the crab traps; and Dagher Printing, who donated their printing for our flyers and
posters for every Marsh Fest.
• Will attend the FLC Legislative Action Days on January 24 and 25 in Tallahassee.
• Reminded everyone of the Town Hall Meetings, stating the first one was very successful. Stated
the next Town Hall meetings will be on the 14 at Donner, the 21 at Jordan, and the 28 in the
Chamber. All meetings will be from 10:00 a.m. to 12:00 p.m.
• Will attend a luncheon on Thursday, in place of Mayor Borno, to give a state of our cities report at
the Jacksonville Chamber Beaches Division meeting from 12:00 — 1:30 p.m. at the Casa Marina.
• Gave handouts related to the Community Planning Act to Donna Bartle for distribution to the
Commission, City Manager, and Erika Hall.
Mayor Borno thanked Commissioner Mark for filling in for him at the luncheon on Thursday.
January 9, 2012 REGULAR COMMISSION MEETING Page 11
Commissioner Woods
• Will also attend the FLC Legislative Action Days.
Commissioner Daugherty
• Stated Marsh Fest could not have happened without Maria's leadership and community
organizing.
• Will be working on a project for a kayak fishing tournament at Dutton Island, which they will hear
more on later.
• Encouraged everyone to tour the Police Station before tomorrow's meeting.
• Has received numerous complaints about animal control and asked the City Manager to give a
report on the effect of reducing the animal control staff from two officers to one and outsourcing
the boarding of stray pets to privately -owned local facilities for consideration at the next meeting.
Commissioner Beckenbach
Continued the discussion from the last meeting regarding City Attorney Jensen's opinion. Stated
John November had mentioned this earlier and he was one of the attorneys he spoke with, along
with Ben DeLuna, Lyman Fletcher and Brooks Rathet. He further discussed the form of
government we have, a commission/manager government, and the duties of the Mayor -
Commissioner. He also discussed the opinion given by the City Attorney disagreeing with his
wording of "shall" rather than "may ", stating "shall" gives a broader power than "may" which
gives a more narrow power. He stated Mr. Jensen's opinion is saying the Commission does not
have the right to appoint members. He further discussed Section 63, Removal of Members of
Boards, Commissions or Agency. He pointed out that the opinion Mr. Jensen gave does not
conform to what the Charter actually says and he disagrees with him. He stated his belief is what
he originally said was that the entire committee can be, from a vote of three, appointed and he is
going to make that suggestion. He stated he would like to bring to the floor a question as to when
they were planning on deferring that committee determination to. Mayor Borno stated at the
workshop tomorrow they would look for a consensus as to what their direction would be.
Commissioner Woods stated she looked at Robert's Rules of Order, stating the Charter
specifically calls out Robert's Rules and says when there are questions, then Robert's Rules takes
precedence. She read a section on methods of appointment, stating this specifically says the
present Mayor cannot himself decide and choose all of the members. Commissioner Beckenbach
stated it is really in the hands of the Commission, according to our Charter, and the four lawyers
he spoke to said the same thing. He stated the only one he asked for an interpretation from who
said it was only the Mayor was our City Attorney. He stated the Mayor said we will have a
consensus at the end of the workshop as to which way they will go and he assumes that will defer
the committee nomination, if there is a consensus, until the next meeting. Mayor Borno stated
they will have to cross that bridge tomorrow night to see where they are at. Commissioner Woods
stated they could discuss that now and get consensus to bring it up at the next meeting. Mayor
Borno stated they are under Reports, etc. and are not into action items and Commissioner
Beckenbach has the floor. Commissioner Beckenbach stated he was just passing the information
out to every Commissioner that they, as the Commission, including the Mayor - Commissioner,
have a vote and they can decide whether or not they want a task force or to have a committee and
they can decide on the appointment of members to that committee.
City Attorney Jensen
• Responded to Commissioner Beckenbach stating some of the questions are rhetorical, explaining
Section 63 of the Charter does not say anything about how committees are appointed but deals
January 9, 2012 REGULAR COMMISSION MEETING Page 12
solely with the removal of people from Committees and Boards. He further stated Section 3 and
Section 9 of the Charter, which discuss all powers that lie with the City Commission, are general
in nature without any specifics. He stated the specific language in Section 8 that discusses the
appointment of committees is specific and when you interpret a document the specific language
always prevails over the general language. He stated it is important to keep the issue straight that
his opinion clearly states that the Mayor may appoint a committee if he desires one and he may
appoint a committee if the Commission desires one. He stated he did not insert "shall" into that
language. He stated "shall" comes later when he gave his opinion regarding who appoints the
committee members. He stated it is very clear to him because of the specific language in Section
8 of the Charter and, again, it doesn't say that the Commission appoints a committee, it says the
Mayor. He stated it is an executive power given to the Mayor by our Charter, just as the fact that
the Mayor is given the power specifically in the Charter to run the meetings. He stated that is in
there specifically. He stated shortly after their meeting in December, Commissioner Beckenbach
provided him with the names of four lawyers he had talked to. He stated he called every one of
them on December 21 and left messages on their phones and Lyman Fletcher was the only one
who called him back and that was today about 12:30 p.m. He stated he returned Mr. Fletcher's
call and wasn't able to speak with him. He stated he knows a lot about Lyman and what he does,
because he has dealt with him for years, but he doesn't know anything about John November's
experience, education, background, what kind of law he practices, etc. He stated he also does not
know anything about the other two individuals he gave him. He stated he does know that one of
them is not a member of the Florida Bar, not that that makes a difference, but they are dealing with
Florida Home Rule powers and Florida law, basically. He stated after giving him his opinion and
trying to speak to these other attorneys, to confirm what he thought was the correct interpretation,
he spoke to some other lawyers. He also spoke with some judges and all of them said the Mayor
appoints committees and the Mayor appoints committee members; it is clear in the Charter. He
listed the lawyers he spoke to: Dale Westling, who has practiced in Jacksonville over 35 years;
Bob Willis, who is a very successful criminal law, constitutional law type attorney and has been
practicing 40 years. He stated he has been practicing law for 38 years, during which time 23 years
plus has been as City Attorney and nine years as an elected official in Atlantic Beach. He stated
he has been to seminars dealing with these types of things almost on a yearly basis for 25 -30
years. He stated he also spoke specifically to a judge, Greg McCaulie, who was a lawyer for about
20 years and is currently a circuit court judge in Jacksonville, with 15 years as a judge. He stated
Mr. McCaulie has handled family law, criminal law and civil law matters. He stated his answer
was the same without question or hesitation. He stated he was also former chairman of our
Community Development Board. He reiterated there is no question in his mind that the statement,
the Mayor appoints committees and the Mayor appoints the committee members is correct. He
stated he is not saying that he agrees that it is right, he is just saying that is what it says. He stated
that is his interpretation and the interpretation of the other two lawyers and the Circuit Court Judge
he spoke to. He stated he believes if they were to do otherwise than what is provided for by the
Charter that they would be in violation of the Charter. He stated if they want to change the
Charter, that can go to a public referendum. He stated nowhere in the Charter or Ordinances at
any place does it ever say the Commission may or shall appoint committees; it says the Mayor
may appoint a committee if he wants one and the Mayor may appoint a committee if the
Commission desires one. He stated, regarding the language Commissioner Woods read out of
Robert's Rules, we have specific language in our Charter that already addresses that and is going
to overrule the generalities of what is in Robert's Rules. Commissioner Woods stated what she
read was not generalities, it was basically quoting that the Mayor may appoint and explaining that
that does not mean that the Mayor picks the committee and all the members, etc.; it still goes to a
vote. Mr. Jensen stated there is no question in his mind, based on his experience, his years with
January 9, 2012 REGULAR COMMISSION MEETING Page 13
the City, his education, his training, and having devoted a substantial portion of his practice to
local government law, and after speaking with highly respected attorneys and a circuit court judge
who unhesitatingly said the Mayor appoints committees and committee members. Commissioner
Beckenbach asked if they said the Commission does not or cannot. Mr. Jensen asked them who
has the power to appoint committees and committee members and in both cases they said it is
clearly the Mayor, not the Commissioners. Commissioner Beckenbach asked if he was saying that
the only person, right now, on this Commission who can appoint committees or select any of the
members is the Mayor. Mr. Jensen stated that was correct. Commissioner Beckenbach stated he
disagrees with him and so do the four attorneys. Commissioner Daugherty stated he agrees with
Mr. Jensen, that is what it says and you can't argue with the language that is there and what it
says. Mayor Borno stated let's not get into discussion, we are here for reports. Commissioner
Beckenbach stated he would make a motion to continue the discussion.
Motion: Continue Discussion with the Commission pertaining to above subject.
Moved by Beckenbach, Seconded by Woods
Roll Call Votes:
Aye: 5 — Beckenbach, Daugherty, Mark, Woods, Borno
Nay: 0
MOTION CARRIED
Commissioner Daugherty stated you can't argue with the Charter and he believes it is a check and balance
in that the Mayor has the power to appoint committee members as the Commission desires. He stated
there is nothing in the Charter that says the Commission has the power to appoint members of
committees. He stated it says they have the power to ask for a committee to be formed but there is
nothing that says the Commission has the ability to appoint members.
Commissioner Mark disagreed, stating it is not clear as to committee members; it addresses committees,
but not the member portion. She stated she believes that is what is confusing and has led to this
discussion. She stated the assumption of changing from "may" which is in the Charter to "shall ", which
was the opinion by City Attorney Jensen and gave the powers to the Mayor is also what is in question.
She asked what the precedent is that changes the "may" to "shall" with the assumption that the Mayor is
the only one who has the power to appoint the committee members. She stated she is not sure where they
make the jump from the "may appoint committee members" to the Mayor having the power to appoint
committees but then having the power to also appoint the committee members. She stated she is not clear
with that part of the opinion.
City Attorney Jensen stated the opinion clearly says that the Mayor may appoint committees as he desires
or as may be desired by the Commission but then went on in his opinion to state that that means he shall
appoint committee members. He asked when the Mayor appoints a committee, what is he doing.
Commissioner Mark stated he is appointing a named committee to do something, but that doesn't take it
to the next level which says that that includes the members of that committee, it just means that body has
been formed to perform a specific function, but it doesn't take it to that next level to say that includes the
committee members. Mr. Jensen stated you don't appoint a committee, you name a committee, you
establish a committee, then you appoint members of that committee. He stated when it says "appoint
committees ", in his opinion, it means the Mayor appoints the committee members. Nor does it say
anywhere in our Code or Charter about the Commission appointing committees or appointing members.
Commissioner Beckenbach stated in Section 63 it does say that "except as provided in this Charter an
agent, a member of any board, committee, task force . . . who has been appointed by the City
January 9.2012 REGULAR COMMISSION MEETING _ Pa 14
Commission ". He asked if they can remove people who are appointed by the City Commission and they
can't appoint members then who are they removing. Mr. Jensen replied there are certain committees,
created by resolution, where the Commission appoints, such as the Board Member Review Committee,
but this isn't talking aliout those it is just an outstanding committee or one not created by resolution or
ordinance, a committee that the Mayor or Commission wants. Commissioner Beckenbach stated he
doesn't have any problem if the Mayor may appoint, if after the appointment of members the Commission
gets to vote on the members. Mr. Jensen stated that is not what the Charter says. Discussion ensued.
Commissioner Woods stated the language in Section 8 says the Mayor - Commissioner shall have no
regular administrative duties except as authorized in this Charter but may appoint from time to time such
special or select committees as in his discretion he deems desirable or as may be desired by the City
Commission. She stated in the Charter it says when there are questions about business that Robert's
Rules of Order takes precedence. She stated this talks about desired committees being appointed and it
says appointment of committees in Robert's Rules, the methods of appointment, in an assembly or
organization it has not prescribed in its bylaws or rules how the members of its committees shall be
selected. She stated obviously this Charter has not or we wouldn't be having this discussion otherwise.
She stated the method can be decided by unanimous consent or majority vote, which is what they say has
been the precedent the City has always gone by. She stated the next point it makes is specifically to this
language. She stated it says whenever it is stated in the bylaws, charter, etc. that the Mayor shall appoint
all committees; it does not mean that the president can himself decide to appoint, assign a task group and
thereby give it the status of a committee or society. She stated it is very specific to that language; it does
not mean that the Mayor, himself, can decide, it has to go to a vote. She stated she believes that is what
Commissioner Beckenbach has been saying and when Alan Jensen added the word, that then the
committee members shall also be appointed by the Mayor, that came out of nowhere. She stated it is not
written anywhere, it is not in Robert's Rules, it is not in our Charter, there is no word shall. She stated it
is his interpretation but it is not the language of the Charter and the Charter says when there are questions
that arise refer to Robert's Rules and Robert's Rules is very specific about this issue.
Mayor Borno stated he has been involved with several Mayors. He stated the last one he remembers was
Mayor Wolfson who appointed the District Committee. He stated he would have to refer back to the
minutes, but he does not recall that that went to a vote. He stated also he does not remember whether the
Stormwater Review Committee was appointed outright or whether it was confirmed by the Commission.
He stated this is something that would take going back to look at precedence. He stated if they can have
five Commissioners on their own appointing committees; they would have committees going bonkers.
Commissioner Woods stated she believes that would be where a Commissioner would bring it to the
Commission and the Commission decides to appoint the committee, which is part of the Charter in
Section 8. Discussion ensued.
Commissioner Beckenbach stated he would like to make a motion to have the Commission agree to the
appointment through a vote. He stated it would be a majority vote for those people who are appointed by
the Mayor or those appointed by the Commission. He stated whoever the Mayor brings in, they would
vote and either confirm or deny the group and they also, as a Commission, are allowed the same latitude.
He stated if he brings a committee up and the Commission doesn't like it they can amend the committee
person he chooses. Mayor Borno stated if they keep it on an individual basis it seems logical. Mr. Jensen
stated he believes what they are talking about is addressed in Chapter 2 of the Ordinances and they have
the ability to amend the Ordinance and, if they chose to do that to further clarify the process, as long as it
doesn't violate what is in the Charter, he believes they can do that. He stated his recollection of the
Charter without reading through it, doesn't say anything about Robert's Rules of Order. He stated the
January 9.2012 REGULAR COMMISSION MEETING Page 15
Ordinance in Chapter 2 says if it is not specifically addressed then Robert's Rules of Order will prevail as
long as it is not in conflict with the Charter. Discussion ensued.
City Manager Hanson suggested, in order to move this discussion ahead, that the City Clerk research how
various committees have been appointed in past years. He further stated tomorrow night there is a
workshop on the Police Building and although the Commission cannot take action at a workshop, they
can discuss what they would prefer that could be set for action at the following regular Commission
meeting. He stated the main concern behind this dealt with the creation of a committee to deal with the
police building, then perhaps it can be further discussed and a consensus reached at the meeting tomorrow
night. He stated this will give them all some time to get a bit of research done first and then talk about the
police building more specifically and see if that would then allow everybody to come to a conclusion
together. Further discussion ensued.
Commissioner Daugherty stated the Commission is a committee and believes in this situation there is not
a need for a committee on the police station. He stated citizens do have the ability to gather information
on their own and present it to the commission. He stated they can present it via email, mail, in person, or
they can speak at meetings. He stated anyone can form their own committee outside of government and
gather information and bring it for the Commission's review. He stated in this situation he does not see
the need for it. He stated the Commission is an elected committee and they have the responsibility to
make a decision on this and pawning off this decision to somebody else, he believes, is a dereliction of
their duties.
Mayor Borno stated they are getting off task. He stated they need to finish this meeting up tonight and
they have a workshop tomorrow night. He would like to request the City Clerk research how prior
Commissions and Mayors appointed committees under the current Charter.
Discussion regarding the motion Commissioner Beckenbach wanted continued. Mr. Jensen suggested
submitting the motion in writing. He stated they need to go into Chapter 2 and talk about amending the
Ordinance, the rules of procedure, and possibly clarify there rather than trying to do something that may
be viewed as some type of amendment to what the Charter says. Mayor Borno asked that Commissioner
Beckenbach work on this.
City Clerk Bartle asked if there is a consensus that she is to do research. Mayor Borno stated, yes, there is
a consensus that she go back and get the history of the past usage. Mr. Hanson stated this same issue has
been brought up by previous mayors since he has been here. He stated Mayor Wolfson made a major
issue out of this shortly after he was elected. He stated he suspects it has been brought up before and
therefore the precedent that has been established through various commissions and mayors may shed
some light on this. He stated he does not expect Ms. Bartle to spend a tremendous amount of time on this
but he does believe it is appropriate to look up these committees and others that have been created as well
as references to the discussions. He particularly remembers Mayor Wolfson and there were ongoing
discussions about the Mayor's authority over the first few months of his term. He stated he was very
adamant about that and it was discussed extensively. Ms. Bartle stated she believes that was during the
time they were establishing the Board Member Review Committee, or had just established it and were
amending it. Ms. Bartle stated she has no problem doing the research, it is just that when something takes
a lot of her time she believes she needs consensus because that is what she has been told in the past. It
was the consensus of the Commission that she do the research.
Commissioner Woods thanked the Mayor for letting them have this discussion, stating she believes it was
very helpful. Mayor Borno stated it is important to everyone of them, that is what they are here for.
January 9, 2012 REGULAR COMMISSION MEETING Pate 16
Mayor Borno
• Will be in Tallahassee at the Florida League of Mayors on Thursday and will attend the FLC
Legislative Action Days on January 24 and 25 with Commissioner Woods and Mark.
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting
adjourned at 8:58 p.m.
Mike Borno
Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
City of Atlantic Beach
FINANCIAL REPORT
DECEMBER 2011
AGENDA ITEM # 4A
JANUARY 23, 2012
Cash Balances
Fund(s)
Prior Current Dollar
11/30/11 12/31/11 Change
General
$5,705,526
$7,749,976
$2,044,450
Tree Replacement
3,509
3,509
0
Convention Development Tax
(52,230)
23,881
76,111
Local Option Gas Tax
118,638
141,091
22,453
Better Jax 1/2 Cent Sales Tax
151,952
138,755
(13,197)
Police Training, Forfeiture, Grants, etc.
154,826
137,446
(17,380)
Community Development Block & ARRA Grants
(15,213)
(76,934)
(61,721)
Debt Service
85,212
23,204
(62,008)
Capital Projects
2,306,676
2,347,268
40,592
Utility
4,065,036
3,666,805
(398,231)
Sanitation
674,081
678,086
4,005
Building Code Enforcement
37,116
29,096
(8,020)
Storm Water
1,048,122
1,072,764
24,642
Pension - Police
32,370
38,313
5,943
Pension - General
103,173
154,439
51,266
Investments - Unallocated Gains (Losses)
(165,315)
(90,762)
74,553
Total
$14,253,479
$16,036,937
$1,783,458
0.29%
Cash on Hand
2,950
Total Restricted Cash
0
$7,709,107
Subtotal 14,253,479
Total Unrestricted Cash
1,783,458
$8,327,830
Total $31,875,331 $33,632,830 $1,757,499
(1) Securities sold December, 2011
(2) 30 day SEC Yield as of 11/30/11
(3) Rate of return as of 11/30/11
Cash and Investments
Prior
Current
Dollar
Interest
Account
11/30/11
12/31/11
Change
Rate
Bank of America - Depository
$4,139,890
$5,846,615
$1,706,725
0.25%
Pimco GNMA Fund
1,076,485
0
(1,076,485)
0.30%(l)
Putnam US Government Income Fund
1,059,444
0
(1,059,444)
. 2.47%(l)
Eaton Vance Government Obligation Fund
2,004,956
4,019,156
2,014,200
2.38%(2)
Loomis Sayles Limited Term Government & Agency Fund 1,002,813
2,005,525
1,002,711
1.56%(2)
Delaware Corporate Bond Fund
1,987,223
1,019,964
(967,259)
4.13% (2)
Loomis Sayles Investment Grade Bond Fund
986,721
998,877
12,156
3.68% (2)
Lord Abbett Income Fund
1,986,298
1,007,900
(978,398)
3.99% (2)
Goldman Sachs Inflation Protected Secs Fund
0
1,135,673
1,135,673
1.00% (2)
MorganStanley SmithBarney AA Money Trust
6,422
0
(6,422)
0.01%
SBA - Florida Prime
277
277
0
0.29%
Cash on Hand
2,950
2,950
0
N/A
Subtotal 14,253,479
16,036,937
1,783,458
Rate of
Return
Police Pension Investments
6,466,870
6,466,413
(457)
-0.01%(3)
General Pension Investments
11,154,982
11,129,480
(25,502)
-0.15%(3)
Subtotal 17,621,852
17,595,893
(25,959)
Total $31,875,331 $33,632,830 $1,757,499
(1) Securities sold December, 2011
(2) 30 day SEC Yield as of 11/30/11
(3) Rate of return as of 11/30/11
AGENDA ITEM # 4A
City of Atlantic Beach JANUARY 23, 2012
FINANCIAL REPORT
DECEMBER 2011
Revenues
Fund / (Footnote)
Annual
Estimate
YTD - 25%
of Estimate
YTD
Actual
Dollar
Variance
Percent
Variance
General (1)
$10,964,642
$2,741,161
$4,990,765
$2,249,604
82.07%
Convention Development Tax
72,000
18,000
88,997
70,997
394.43%
Local Option Gas Tax
472,612
118,153
108,561
(9,592)
-8.12%
Better Jax 1/2 Ct Sales Tax
646,212
161,553
154,160
(7,393)
-4.58%
Police Training, Forfeiture & Grants, etc.
134,974
33,744
47,082
13,338
39.53%
Grants
318,214
79,554
44,789
(34,765)
- 43.70%
Debt Service
71,300
17,825
18,534
709
3.98%
Capital Projects (2)
2,255,737
563,934
145,942
(417,992)
- 74.12%
Utility (3)
8,368,949
2,092,238
2,973,063
880,825
42.10%
Sanitation
1,804,500
451,125
441,917
(9,208)
-2.04%
Building Code Enforcement
265,900
66,475
50,000
(16,475)
- 24.78%
Storm Water
972,200
243,050
241,637
(1,413)
-0.58%
Pension - Police (4)
1,232,311
308,078
480,966
172,888
56.12%
Pension - General (4)
2,122,019
530,505
1,011,308
480,803
90.63%
Total
$29,701,570
$7,425,395
$10,797,721
$3,372,326
Analysis of Major Variances
(1) The $2,249,604 positive variance in the General Fund resulted from having received
79.6% of the budgeted property taxes. Typically the majority of the property taxes are
received from the City of Jacksonville in December & January
(2) The $417,992 negative variance in the Capital Projects Funds resulted from not having
received the proceeds from the proposed loan for the new Public Safety building. If the
loan was not included in this calculation, the variance would be a positive 3.7 %.
(3) The $880,825 positive variance in the Utility Funds resulted from receiving proceeds
from the State Revolving Fund Loan for the sewer plant improvements. If the loan was
not included in this calculation, the variance would be a positive 6.1 %.
(4) The $172,888 positive variance in the Police Employee Pension Fund & the $480,803
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 23, 2012
DECEMBER 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 a positive 13 %. Additionally, the quarterly payment
to the City of Jacksonville for fire & rescue services for October through December, 2011
should be paid in January, 2012.
(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. If the Debt Service payments were not included in this calculation, the
variance would be a positive 6.5 %.
(3) The positive variance in the Personnel 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 6% of the budgeted payroll has not been expensed. Also, a
few vacant positions have not been filled.
Annual
YTD - 25%
YTD
Dollar
Percent
Department / (Footnote)
Estimate
of Estimate
Actual
Variance
Variance
Governing Body
$41,986
$10,497
$10,714
($217)
-2.07%
City Administration
2,673,887
668,472
641,880
26,592
3.98%
General Government
765,368
191,342
240,085
(48,743)
- 25.47%
Planning and Building
478,867
119,717
114,368
5,349
4.47%
Public Safety (1)
10,054,574
2,513,645
1,079,745
1,433,900
57.04%
Recreation and Special Events
394,207
98,552
125,733
(27,181)
- 27.58%
Public Works
5,976,228
1,494,059
1,362,612
131,447
8.80%
Public Utilities (2)
14,301,191
3,575,299
4,530,700
(955,401)
- 26.72%
Pension - Police
587,832
146,958
154,651
(7,693)
-5.23%
Pension - General
740,710
185,178
177,444
7,734
4.18%
Total
$36,014,850
$9,003,719
$8,437,932
$565,787
Annual
YTD - 25%
YTD
Dollar
Percent
Resource Allocation
Estimate
of Estimate
Actual
Variance
Variance
Personnel Services (3)
$9,868,255
$2,467,066
$2,310,677
$156,389
6.34%
Operating Expenses (1)
10,384,722
2,596,181
2,392,535
203,646
7.84%
Capital Outlay (1)
11,806,018
2,951,507
1,898,398
1,053,109
35.68%
Debt Service (2)
2,297,807
574,452
1,421,809
(847,357)
- 147.51%
Transfers
1,658,048
414,512
414,513
(1)
0.00%
Total
$36,014,850
$9,003,718
$8,437,932
$565,786
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 a positive 13 %. Additionally, the quarterly payment
to the City of Jacksonville for fire & rescue services for October through December, 2011
should be paid in January, 2012.
(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. If the Debt Service payments were not included in this calculation, the
variance would be a positive 6.5 %.
(3) The positive variance in the Personnel 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 6% of the budgeted payroll has not been expensed. Also, a
few vacant positions have not been filled.
City of Atlantic Beach
FINANCIAL REPORT
DECEMBER 2011
AGENDA ITEM # 4A
JANUARY 23, 2012
Project Activity - Current Year Activity Only
Project YTD YTD
Project Name Number Budget Actual Balance Status
Public Safety
Retrofit HVAC Systems
Lifeguard Building Roof Replacement
Police Building Renovation /Design /Construction
Public Utilities:
TMDL - Lift Station /Main Transfer Flow
Donner Subdivision Sewer Rehabilitation
Replace 2" Water Main - 11th Street
TMDL Upgrade /Construction - WWTP #1
TMDL Sludge /Odor Improvements
Elevated Tank #1 - Internal Rehabilitation
Ground Storage Tank WP #2 - Interior Rehabilitation
Ground Storage Tanks WP #3 - Recoat Interior
Water Main - 12th Street at Ocean Blvd /Beach Ave
Water Main - 14th & 15th Street at Ocean Boulevard
Sewer Rehabilitation - Area B
Public Works:
Riverbranch Preserve - Kayak & Canoe Launch
Veteran's Park - Phase II - Memorial Garden
Howell Park Bridge Replacement
Bull Park Playground Equipment Replacement
Sidewalk & Curb Replacement
Sidewalk & Curb Replacement
East Coast Drive Drainage Improvements
Status Key
A - Bid Advertised
B - Bid Awarded
C - Project Completed
D - Design Completed
E - Design Phase
Subtotal
Subtotal
Total
GG1201 190,414 0 190,414
LG0901 4,750 0 4,750
PS0504 4,432,582 0 4,432,582
P M0804
4,627,746
0
4,627,746
PU0906
72,810
15,981
56,829
PU 1015
175,590
0
175,590
PU1104
61,283
43,355
17,928
PU 1106
3,218,851
1,558,071
1,660,780
PU1110
2,392,784
153,668
2,239,116
PU1201
40,000
0
40,000
PU1202
40,000
0
40,000
PU1203
60,000
0
60,000
PU1204
60,000
0
60,000
PU 1205
140,000
0
140,000
PU1206
300,000
0
300,000
6,561,318
1,771,075
4,790,243
P M0804
16,113
14,906
1,207
PM1110
2,632
0
2,632
PM1201
25,000
0
25,000
PM1202
40,000
0
40,000
PW1101
5,406
5,406
0
PW1201
25,000
1,790
23,210
PW1202
50,000
0
50,000
164,151
22,102
142,049
$11,353,215
$1,793,177
$9,560,038
I - Project In- progress
N - Complete /Non - Capital
R - Re- budget Next Fiscal Year
X - Project Cancelled
C
C
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AGENDA ITEM # 4A
JANUARY 23, 2012
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AGENDA ITEM # 7A
JANUARY 23, 2012
ORDINANCE NO. 20-12-113
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.
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:
JUSTANCE ASSISTANCE GRANT (JAG)
Revenues:
Grant Proceeds — Technology 2012 $3,822
Expenses:
Police Department
Capital Outlay — Surveillance Equipment $3,822
Fund Balance: $
FLORIDA CONTRABAND FORFEITURE FUND
Expenses:
Police Department
Capital Outlay — Surveillance Equipment $6,000
Fund Balance: <$6,000>
AGENDA ITEM # 7A
JANUARY 23, 2012
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this 9 1h 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 23, 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 Direct
o
DATE: January 12, 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
AGENDA ITEM # 8A
JANUARY 23, 2012
average daily flows. Atlantic Beach's reimbursement would be 1.39% of the total cost.
BUDGET: The total annual cost for consultants is not to exceed $500,000 per year over the next
three years. Atlantic Beach's reimbursement portion would equate to no more than $6,958 /year over
the next 3 years. Funds are available in the Water Fund in the Professional Services Account No.
400 - 5502 -533 -3100.
RECOMMENDATION: Approve the Memorandum of Agreement Between 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 to
Assess Groundwater Resource Sustainability in Northeast Florida and authorize the City Manager to
sign the Agreement.
ATTACHMENTS: 1. Memorandum of Agreement
2. Exhibit A: General Scope of Support Services
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8A
JANUARY 23, 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) and the
Suwannee River Water Management District (SRWMD) are undertaking and continuing water
supply planning processes using growth projections, groundwater and resource impact models,
and other technical tools that will affect local governments and utilities throughout the region
and specifically developing MFL Prevention and Recovery Plans that local governments and
utilities may be a participant; 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) and Suwannee River Water Management District's
(SRWMD) water supply planning processes; 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:
Page 1 of 8
AGENDA ITEM # 8A
JANUARY 23, 2012
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference to the same.
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
M
GD
City of Atlantic
2.55
1.39
$6,958
$20,875
Page 2 of 8
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AGENDA ITEM # 8A
JANUARY 23, 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 # 8A
JANUARY 23, 2012
AGREED TO on this day of 5 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 # 8A
JANUARY 23, 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 # 8A
JANUARY 23, 2012
DATE:
DATE:
DATE:
JEA
John P. McCarthy
Director, Procurement Services
JEA
21 W. Church Street, CC6
Jacksonville, Florida 32202
CITY OF NEPTUNE BEACH
Jim Jarboe
City Manager
City of Neptune Beach
116 First Street
Neptune Beach, Florida 32266
TOWN OF ORANGE PARK
Cindy Hall
Town Manager
Town of Orange Park
2042 Park Avenue
Orange Park, Florida 32073
DATE: ST. JOHNS COUNTY
Bill Young
Utility Director
St. Johns County
1205 SR 16
St. Augustine, Florida 32084
Page 8 of 8
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AGENDA ITEM # 813
JANUARY 23, 2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Sewer Rehabilitation for FYI
SUBMITTED BY: Donna Kaluzniak, Utility Directo
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 FYI 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 # SB
JANUARY 23, 2012
RECOMMENDATION: Authorize Insituform Technologies, Inc. to install cured -in -place pipe
(CIPP) for the FYI 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:
2
AGENDA ITEM # 813
JANUARY 23, 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
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
E JESTIMATED TOTAL COST: $ 206,703.04
Concrete Conservation, Inc. Unit Pricing
Per JEA Contract #113044
Bid Item
Spec
Est. Qty.
Units ''
Description
Unit Prices
Total
6
$ 4,638.00
$ 37,104.00
1
EA
Replace tee in mainline with manhole
$ 6,139.00
through
ESTIMATED TUTAL COST: $ 43,243.00
10
446 -2
128
VF
Spectrashield existing manholes Types A -F
$ 156.00
$ 19,968.00
COST: $ 19,968.00
Annual Utility Contractor Items - Gruhn
May, Inc. Per City Bid No. 1011 -02
Est. Qty.
Units
IDoscription
Unit Prices
Total
8
EA
Replace terminal cleanouts with manholes
$ 4,638.00
$ 37,104.00
1
EA
Replace tee in mainline with manhole
$ 6,139.00
$ 6,139.00
ESTIMATED TUTAL COST: $ 43,243.00
TOTAL FOR ALL CONTRACTORS $ 269,914.04
CONTINGENCY
30,085.96
1/17/2012 page 1 of 1
AGENDA ITEM # 813
JANUARY 23, 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
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AGENDA ITEM # 8B
JANUARY 23, 20I2
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 S: 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 # 813
JANUARY 23, 2012
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST:
By
CITY OF ATLANTIC BEACH:
By
Type/Print Name
Type/Print Name
Jim Hanson
Title
ATTEST:
By
Signature
Type/Print Name
Title
Title: City Manager
CONCRETE CONSERVATION, INC.
By
Signature
Type/Print Name
—5—
Title
AGENDA ITEM # 813
JANUARY 23, 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 FY12 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
- i I
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AGENDA ITEM # 8B
JANUARY 23, 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 # 813
JANUARY 23, 2012
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST:
B y
Type/Print Name
CITY OF ATLANTIC BEACH:
B y
Type/Print Name
Jim Hanson
ATTEST:
Signature
Title: City Manager
INSITUFORM TECHNOLOGIES, INC.
By
Signature
Type/Print Name Type/Print Name
—5—
Title
AGENDA ITEM # 8C
JANUARY 23, 2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Change Order #5 for WWTP #1 Improvements for Clarifier Repairs at
Wastewater Treatment Plant #1
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Directolj
DATE: January 13, 2012
BACKGROUND: The City's Wastewater Treatment Plant #1 has two existing clarifiers.
Clarifiers are large tanks that allow the microorganisms used for wastewater treatment to
separate from the clean effluent. The clarifiers contain equipment (rake -arms, stilling well, draft
tubes, etc.) to transport the microorganisms to other tanks.
Recently a skimmer arm broke off one of the clarifiers. Problems with deteriorated, leaking slide
gates prevented staff from being able to isolate and drain the clarifiers until those gates were
replaced as part of the TMDL project. After the gates were replaced, staff was able to isolate one
of the clarifiers and have our annual contractor repair the skimmer arm.
With the clarifier drained, staff asked our engineer to perform a field evaluation of the tank and
equipment. The tank is in overall good condition, but the interior metal equipment is in need of
sandblasting and coating. The underside of the walkway structure also appears to have moderate
to severe corrosion and may need additional repairs.
Staff requested quotes for sandblasting and coating of the clarifier equipment and walkway from
Gruhn May, the City's annual utility contractor as well as from WPC Industrial Contractors, the
contractor currently working on the TMDL improvements. The low quote is from WPC
Industrial Contractors, LLC in the amount of $29,428. Should the walkway require additional
repairs, additional quotes will be requested.
Repairs need to be expedited to avoid delaying construction, as the second clarifier will need to
be drained to allow for pipe installation for the TMDL Project. When the second clarifier is
drained, an inspection will be performed and similar repairs to that clarifier will likely be needed.
BUDGET: Funds for the repairs are available in the contingency for the TMDL Project, which
has $157,152 remaining.
RECOMME NDATION: Authorize WPC Industrial Contractors, LLC to complete the clarifier
repairs in the amount of $29,428 as Change Order No. 5.
AGENDA ITEM # 8C
JANUARY 23, 2012
ATTACHMENTS: 1. Engineer's Field Evaluation Report on Existing Clarifiers
2. Quote from WPC Industrial Contractors, LLC
3. Quote from Gruhn May, Inc.
REVIEWED BY CITY MANAGER: —®
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AGENDA ITEM # 8C
JANUARY 23, 2012
ulrr& 1 1651 Philip Highu to Jxkwmdle. Floiida 32'56
IeIeplhune: 901 lid n: OU99 • F 94-I ]6S 1 92 1
tt�cn:�cpcind.:ont
Geneljl Contrtetor, hcen'e CGCL461 _'U
January 13, 2012
Mrs. Donna Kaluzniak
Utility Director
902 Assisi Lane
Atlantic Beach, FL, 32233
Reference: City of Atlantic Beach, WWTP # 1
Coatings for (one) Existing Clarifier
Dear Mrs. Kaluzniak,
The following are the costs associated with the request to fiimish labor, materials, and equipment necessary to
perform the following work at the referenced project:
Scraper Arm and Internal Well
• Painting as per section 09960
• Remove and Reinstall Sludge Collector Piping
• Brush blasting and painting of the Scraper Arm and Internal Well
• Not responsible for damage to deteriorated metal due to sandblasting
• Does not include any steel repair or replacement $ 16,268
CahvalldBridge Structure
® Painting as per section 09960
® Remove and Reinstall Handrail and Grating
® Brush blasting and painting of the Catwalk/Bridge
® Not responsible for damage to deteriorated metal due to sandblasting
e Does not include any steel repair or replacement $ 13,160
Total $ 29,428
Should you require additional information, please do not hesitate to contact our office.
• I•e �7--
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�VPC Ili STRIAL CONTRACTORS, LLC
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AGENDA ITEM # I OA
JANUARY 23, 2012
5 -12 -97 Sign Ordinance Review Committee
(Commission Meeting Minutes)
Mayor Fletcher stated he would like to appoint the following citizens to the Sign Ordinance
Review Committee: David Jeffery, Tony Zeaiter, and John Baillie. A motion was made to
appoint David Jeffery, Tony Zeaiter and John Baillie to the Sign Ordinance Review
Committee. Motioned by Rosenbloom, Seconded by Shaughnessy. Vote 5 -0, Motion
passed.
6 -15 -98 Stormwater Review Committee
(Commission Meeting Minutes)
Mayor Shaughnessy appointed the committee, the following members: Cindy Corey, Stephen
Kuti, J.P. Marchioli, William McGee, Tom Martin, Albert Rabassa, Hope Van Nortwick and
Don Wolfson. She appointed Lyman Fletcher to chair the committee and Mike Borno as a
non - voting Commission Liaison. She also presented the charge to the committee, and the
rules and reporting requirements. No motion or vote was requested of the Commission.
(Commission Meeting Minutes 9- 13 -99)
Mayor Shaughnessy appointed John Laliberte and Michael Schmidt to the Stormwater
Review Committee. No motion or vote was requested of the Commission.
2 -8 -99 City Manager Citizen Advisory Committee
(Commission Meeting Agenda Packet)
Mayor Shaughnessy submitted a document appointing the ad hoc citizen committee, the
chair, the members, the charge, and procedures to follow.
(Commission Meeting Minutes)
Mayor Shaughnessy appointed Dorothy Kerber to replace Ms. Winfree and appointed Judy
Beaubouef and E.T. Fernandez, III to the committee. No motion or vote was requested of the
Commission.
9 -27 -99 Committee to review the recommendations of the Pension Board of
Trustees regarding a change in retirement eligibility
(Commission Meeting Minutes)
Mayor Shaughnessy appointed the following citizens to the Committee: John Fletcher,
George Foster as a non - voting member, Dezmond Waters, and Dorothy Kerber. Mr. Waters
requested that the committee meetings be held after 3:00 pm. No motion or vote was
requested of the Commission.
2006- District Representation Study Committee
(2006 Strategic Planning Minutes)
Mayor Wolfson suggested that a committee be appointed to study the districting issue.
According to the Strategic Planning report, Howard Smith recommended creating a fairly
large committee of approx. 25 members. He also suggested each Commissioner as well as
the Mayor should be given a certain number of appointments to the committee and the Mayor
should appoint the Chairman. He recommended that each appointment begin their service
with a neutral orientation. He added, they should not have a strong opinion either way about
2
AGENDA ITEM # l0A
JANUARY 23, 2012
whether or not the city should go to a district basis for election of commissioners. Mr. Smith
stressed that a very important step is in preparing a formal charge to the committee of what
their purpose should be and when the committee should "sunset" or dissolve. Consensus was
obtained.
(Commission Meeting Minutes — 10- 23 -06)
City Manager Hanson requested all nominations for members be submitted to him.
(Commission Meeting Minutes — 11 -13 -06 - Agenda Item 6A- Resolution No. 06 -14)
A Resolution of the City of Atlantic Beach Florida Creating a Committee to Study the
Possibility of Electing City Commissioners from Districts, Providing for a Purpose,
Membership and Responsibilities of the Committee and Providing an Effective Date.
Motion: Adopt Resolution No. 06 -14 with the changes. Moved by Borno, seconded by
Waters. Votes: Aye: 4 - Borno, Fletcher, Waters, Wolfson, Nay: 0, Motion carried.
(Commission Meeting Minutes — 11 -13 -06 - Agenda Item l0A- Appointment of members to
the Districting Committee)
Motion: Approve appointing the fifteen members to the District Representation Study
Committee as follows: Ann Bowers, Joyce Freeman, Reed Beaubouef, Kathy Carithers,
Johnny Bass, Norm Thompson, Carol Anderson, John Fletcher, Joan Carver, Gail Baker,
Jack Robbins, Steve Litton, Maureen Shaughnessy, Bob Ballow and Lyman Fletcher.
Moved by Waters, seconded by Wolfson; (Commissioner Fletcher was absent for the vote)
Votes: Aye: 3 - Borno, Waters, Wolfson, Nay: 0, Motion carried. (Approved appointing 15
of the members on the proposed list.) Commissioner Fletcher reentered the room at 11:54
pm. Motion: Appoint Lyman Fletcher as Chairperson of the District Representation Study
Committee. Moved by Wolfson, seconded by Waters. Votes: Aye: 4 - Borno, Fletcher,
Waters, Wolfson, Nay: 0, Motion carried.
2 -8 -10 Investment Committee
(Commission Meeting Minutes 2 -8 -10)
Mayor Borno appointed the chair Bob Sternfeld, John Wolfel and Alan Gleit as members.
No motion or vote was requested of the Commission.
(Commission Meeting Minutes 9- 26 -I1)
Mayor Borno brought back the Investment Committee and reappointing Bob Sternfeld, John
Wolfel, Alan Gleit and Nelson Van Liere. No motion or vote was requested of the
Commission.
AGENDA ITEM # IOA
JANUARY 23, 2012
The following are additional comments found during my research that may be helpful; however,
some comments were related to standing committees and boards.
(Commission Meeting 6 -8 -98)
Mayor Shaughnessy indicated she had the power to appoint an ad hoc committee to look at
something short term. Mayor Shaughnessy indicated she would appoint that committee at
the next Commission meeting and invited Mr. And Mrs. Poitevent to attend and be part of the
committee (regarding Animal Control).
(Commission Meeting 7- 13 -98)
Mayor Shaughnessy reported that she would appoint a Complete Count Census Committee in
the near future.
(Board Member Review Committee Meeting Minutes 3 -3 -05)
Mayor Meserve expressed his concerns regarding his involvement in the recommendation
process. He believed, since the Charter places the responsibility on the Mayor to make the
recommendations to the Commission, he should be part of the initial candidate review
process.
(Board Member Review Committee 11- 17 -05)
Mayor Wolfson had concerns about a possible conflict in language between the City Charter
and several ordinances regarding appointments to boards and committees. City Manager
Hanson agreed to request an opinion from the City Attorney on the issue.
(Commission Meeting 11- 28 -05)
Mayor Wolfson clarified that the Commission is empowered to establish official boards, and
it is the Mayor's responsibility to appoint the members.
(Commission Meeting Minutes 4- 24 -06)
Mayor Wolfson reiterated that a Community Character workshop has been scheduled for
May 9 and will be attended by the Commission and the Community Development Board.
He suggested inviting a small number of citizens who live in the neighborhood of interest to
join in the discussions and exchange ideas. He indicated he had four citizens in mind from
that area and would also like to invite an architect from the community to participate in the
workshop. Commissioner Simmons believed that having the Community Development
Board members participating in the workshop provides the desired citizen input from
residents in the area with expertise in the matters. She stressed the need for the participants
to be objective people. The Commission proceeded to discuss the idea of selecting
individual citizens to participate in the workshop. Commissioner Borno asked whom the
Mayor is considering inviting to the dialogue. Mayor Wolfson indicated that the following
four people have agreed to participate in the workshop: John Fletcher, 678 Ocean
Boulevard; Wannelle Parvey, 326 Eighth Street; Brian Sexton, 320 Ninth Street,
spokesperson for Save Atlantic Beach; Woody Winfree, 335 Third Street; and an architect, to
be determined. Commissioner Simmons expressed her support for the Mayor's choice of
citizens. No motion or vote was requested of the Commission.
4