Amended Agenda Packet November 13, 2012 CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
November 13, 2012 - 6:30 PM
AMENDED AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Regular Commission Meeting of October 22, 2012.
B. Approve the minutes of the Special Called (Shade) Meeting of October 22, 2012.
C. Approve the minutes of the Commission Briefing of October 19, 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 Building Department Report, Utility Sales Report and
List of New Business Taxes for October 2012.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 90-12-215,Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, ARTICLE III, ZONING
REGULATIONS, SEC. 24-51, NOTICE OF PUBLIC HEARINGS, AND SEC. 24-69,
FEES,AND PROVIDING AN EFFECTIVE DATE.
B. ORDINANCE NO. 5-12-57,Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY
COMMISSION, SEC. 2-19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS,
ADDING A NEW RULE 28, BANNING TEXTING AND USE OF CELL PHONES AT CITY
COMMISSION MEETINGS, AND PROVIDING AN EFFECTIVE DATE.
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C. ORDINANCE NO. 20-12-118,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, AND PROVIDING AN EFFECTIVE
DATE.
*D. ORDINANCE NO.20-12-119,First and Second Readings
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING
SEPTEMBER 30,2013,AND PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Sewer Rehabilitation for FY13. (City Manager)
B. Proposed policy on rebidding for service contracts and related Commission approvals. (City
Manager)
C. Request for Approval of Scope and Fee Proposal for Marsh Preserves Kayak Launch, Fishing and
Public Access Improvements Design and Permitting. (City Manager)
D. Justice Assistance Grant. (City Manager)
*E. Revised process for acquiring property from River Branch Foundation. (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and/or requests from City Commissioners and City Attorney
A. Status report regarding Golf Course. (Mayor Pro Tern Mark)
B. Grants. (Commissioner Daugherty)
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 2226.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
Clerk by 5:00 PM, Friday,November 9, 2012.
* Agenda amended to add Items 7D and 8E on 11-7-12.
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MINUTES
REGULAR CITY COMMISSION MEETING
October 22, 2012
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tern Maria Mark City Manager Jim Hanson
Commissioner Mark Beckenbach City Clerk Donna L. Bartle
Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge:
Mayor Borno called the meeting to order at 6:30 p.m. Mayor Borno gave the Invocation, followed by the
Pledge of Allegiance to the Flag.
1. A. Approve the minutes of the Regular Commission Meeting of October 8, 2012.
B. Approve the minutes of the Special Called (Shade) Meeting of October 8, 2012.
C. Approve the minutes of the Commission Briefing of October 5, 2012.
Mayor Borno asked if there were any corrections to the above minutes and there being none, he stated the
minutes will stand as submitted.
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.
Gretchen Deters-Smith, 346 Magnolia Street, addressed the Commission regarding the animal control
issue in her neighborhood related to the three pit bulls at 330 Magnolia Street. She stated all three were loose
on August 24, 2012 and were in her driveway and running around her house. She related an incident with the
black dog, Jewel, who was in her driveway between her friend and her car door barking in a very menacing
way.
Jennifer Chalot, 322 Magnolia Street, stated she is also concerned about the three pit bulls and was here to
address the Notice of Violation, referencing Article A, that was sent to her neighbor, Suzanne LeViseur on
October 10, 2012. She further stated her neighbor received a letter stating she had to confine the dogs until
there was a determination as to whether they were dangerous dogs. She also distributed photos to the
Commission explaining each photograph and stating they show that her neighbors, for a long time, have
underestimated this problem. She further addressed a hot tub in the neighbor's backyard that is filled with
black water and causes mosquitoes. She stated she does not believe her neighbors have complied with Article
A of Section 12.1 in any regard in terms of keeping a sanitary place for their dogs. She stated it is a sad
situation and she would like to see it rectified tonight.
Lindsay Cole, 338 Magnolia Street stated she was here to address the issue of the nuisance violation at 330
Magnolia Street, which is her next door neighbor. She stated the reasons the Commission should uphold the
City's determination of a public nuisance are well documented. She stated the timeline of events and the utter
disregard of their neighbors and the law as demonstrated by the residents of 330 Magnolia Street clearly
support that this extreme remedy is necessary to protect the health and safety of the public. She related
several instances of attacks by the dogs. She stated it seems apparent that they don't believe the laws apply to
October 22,2012 REGULAR COMMISSION MEETING Page 2
them and they simply allow these dogs to be unleashed into the neighborhood. She stated another issue is
that the dogs are left on an unsecured second story balcony where they spend hours on end barking and
snarling at every passerby. She stated she believes this case is indicative of precisely why public nuisance
laws exist. She stated she believes the actions of Ms. LeViseur and Ms. Babillis have left the City with a
clear obligation to act in this case. She urged the Commission to act now to protect the citizens of Atlantic
Beach by upholding the determination of a public nuisance and requiring its immediate abatement.
Scott Owens, 1911 Creekside Circle, stated his dog was attacked on May 3, 2012 and asked why July,
August, September and October show up as affidavits is beyond him. He stated he sees three massive fails in
this situation: fails on the part of the owners, fails on the part of the residents and fails on the part of the City.
He elaborated on each fail. He further stated some of the biggest animal lovers he knows don't have a pet
because they don't have the time or money to take care of their animals properly and he applauds those
people.
Tiffany Jackson, 7701 Timberlin Park, stated she loves these dogs that are being charged by the allegations
and does not believe them. She stated she believes some of these allegations are over-reactions and very
imaginative. She stated she has never met anybody who loves their dogs more than Willi. She stated she
believes if they can sit down and talk about the allegations that are being brought to them then maybe they
can find some common ground.
Tracy Shim, 2409 Cool Springs Drive S., stated she has been friends with Suzanne and Willi for a long
time. She stated she can't speak to all the incidences that were reported because she wasn't there but she can
speak to when she is with the dogs, which is not very often. She stated it could be 9 months to a year that she
doesn't see the dogs and Suzanne might be travelling and asks her to walk the dogs. She stated she will give
her a key and she walks straight through the door with no problem. She stated she has never been attacked by
them. She stated the dogs have been to her house and having never met her dog, a small Pembroke Welsh
Corgi, rushed straight up to her, smelling her and they just ran around the back yard with her. She stated she
agrees with Mr. Owens that it shouldn't have gone this far. She stated she knows Willi loves her dogs and
hopes that will weigh in on any decision.
Davida Dale, 2001 Hodges Blvd., stated she has known Suzanne and Willi for 19 years and has the utmost
respect for them. She stated she is not saying that not keeping them on the leash is the right thing to do but
she is not hearing any resolutions about what can be done or help for this family, aside from just putting it on
them. She asked what happens to the dogs and the family if it is decided they can't keep them. She stated
Willi loves her animals and does the best she can. She stated her mom travels a lot because she is a single
mom and works. She stated they are upstanding people and the last thing they want is for any problems or
anybody to get hurt. She stated she knows one of the dogs and it is a wonderful dog. She stated she has
never had a problem with it.
Rosalind Hoffman, 266 Magnolia Street, stated her first affidavit was written in 2009 when Jack was
running loose, Willi was chasing after him, asking neighbors to help her catch him. She stated she had no
voice control and now she has three of them. She stated she understands loving your dogs which is why she
is here. She stated every time she walks her dogs she goes out first by herself and makes sure the pit bulls are
not running loose on the street. She stated there are times she has not been able to walk her dogs because
they are loose and she fears for her dogs' safety. She commended Lindsay Cole for getting them organized.
She stated she believes these dogs have affected the quality of life on Magnolia Street and hopes the
Commission will take that into consideration and make movements to change that.
October 22,2012 REGULAR COMMISSION MEETING Page 3
Carol Mirando, 210 Pine Street, stated she has not filled out an affidavit, but related instances she has had
while walking her dogs. She stated this isn't about bad dogs; it is about owners who aren't able to control or
properly train their dogs. She stated pit bulls are not bad dogs but they can tend to be more aggressive and
need to be trained, exercised, disciplined and loved. She stated there is no excuse for someone to own dogs
that they have absolutely no responsibility for. She stated it is unfair to the dogs and unfair to the people who
live around them and very unsafe to the community. She stated these dogs are not living a good quality of
life.
Lance Wolfson, 1725 Beach Avenue, addressed the Commission related to agenda Item 8E, stating he
believes this is a great idea for the proposed walkway for the Tideviews Preserve. He stated it will allow
everybody to be able to experience the nature and site and it is perfect to have an ADA compliant pathway
there. He stated he would like the City to investigate the use of a material called Stone Dust for this pathway.
He stated it is a sustainable, cost-effective and non-invasive material for the pathway and believes it would be
fantastic for the City to be at the forefront of new technologies.
John November, 647 Beach Avenue, commended the Commission for beginning efforts to look into Selva
Marina. He further addressed agenda Item 8E stating the grant they are applying for is called the Preserves
Trail, which is a part of our Marsh Master Plan. He stated the trail will connect River Branch, Tideviews and
Dutton Island. He stated it is a partnership between the City of Atlantic Beach, the Public Trust
Environmental Legal Institute of Florida, the Marsh Preservation Society, COAST, the Timucuan Trail Parks
Foundation and numbers of volunteers who will be participating in this project as it moves forward. He
described the project stating it will be a path running from the entrance of Tideviews to the boardwalk to
Sunset Pier. He stated currently the plan is for the path to be asphalt or concrete but he has recently read
about a material called Stone Dust, which is porous, comparable in price, has no additional maintenance
issues and is an attractive surface. He stated the path will be approximately 12 feet wide and will run under a
high voltage transmission line owned by JEA so there will be little environmental impact. He stated Rick
Carper has been fantastic and helpful along the way and will be able to answer any questions they may have.
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.
City Manager Jim Hanson reported the Resolution adopted at the last Commission meeting dealing with
Amendment 4 required the City staff to make an estimate of revenue loss if Amendment 4 were adopted. He
stated using the FLC estimating tool based on statewide numbers our estimate would be a starting revenue
loss of $97,500 in 2013 which increases to an estimate of $1.8 million in year 2022, which assumes the
property tax rate is not raised to compensate for the loss. He stated if it were raised to do that it would have
to be taken from a 3.3285 mils currently to 4.1554 mils in 2014.
Mr. Hanson further reported on the rates of return the City has received, stating the police pension fund
earned 13.38%; the general employee pension fund earned 16.65%; and the City's other accounts earned
6.0%. He stated they can compare the pension fund rates of return to the assumed rate of return of 8.0% and
appreciation is certainly due to our Finance Director Nelson Van Liere. He further expressed his appreciation
to Michael O'Shields, the pension fund advisor, who was in the audience, stating he did a great job last year
earning us money.
He further explained staff was asked to report on how we handle yearly service contract renewals, stating they
are working on it and will have it ready to present at the next Commission meeting.
October 22,2012 REGULAR COMMISSION MEETING Page 4
Item 8A was taken out of sequence and acted on at this time.
8A. Appeal of Notice of Violation from Suzanne LeViseur at 330 Magnolia Street.
Mayor Borno gave a summary of the suggested procedure for quasi-judicial hearings. He explained the
Police Chief has determined that actions relating to Suzanne LeViseur at 330 Magnolia Street related to three
dogs she owns constitutes a nuisance as defined in City Code Chapter 12. He stated the owners of the dogs
have requested a hearing to contest the findings by the Chief of Police. He stated this is a quasi-judicial
hearing and they will let both sides present their cases; each side will be able to present evidence and call
witnesses. He stated the Commission will then make a decision to uphold or overturn the determination by
the Chief of Police. He stated after hearing all the evidence but before making a decision, he will ask each
Commissioner to disclose any ex parte communication they may have had on this subject with people prior to
this hearing in accordance with Resolution 95-26 adopted by the City Commission in 1995. He stated the
City Clerk prepared a chart of emails received by the Commissioners and if they have any other ex parte
communications,please have that in writing when they get to that point in the hearing.
Chief Mike Classey stated, beginning in late September, the Police Department started receiving a flood of
complaints regarding the behavior of three pit bull dogs that live at 330 Magnolia St. He stated they began
investigating each incident. He stated some of the affidavits had been held for a period of time, which is why
they received them late, but in comparing the violations to the nuisance ordinance they determined there were
two different violations. He stated the first is under subsection (14), subparagraph (d), which states to permit
the animals either willfully or failure to exercise due care or control to commit a nuisance by running at large,
habitually, by chasing or running after vehicles or persons habitually, and interfering with reasonable use and
enjoyment of the property. He stated it defines habitually, within that ordinance, to constitute two offenses
within a 30-day period of time. He stated subsection (a) also states that a nuisance is created if those physical
conditions endanger the health or safety of humans. He stated, as a part of this investigation, an initial
determination that sufficient cause exists to declare all three dogs dangerous has been made and there is a
hearing being scheduled before the Code Enforcement Board. He stated for the purposes tonight of showing
that a nuisance is created, the City only needs to show that there were two within 30 days. He stated he does
not intend to call 16 different affiants to testify about the same thing. He stated he will call the three most
recent to demonstrate that these dogs have been habitually running at large as defined in the ordinance and
also in that testimony it will show that the dogs are a danger, act very aggressively, are menacing and do
create a safety hazard for the people who live in the area and travel through that area. He stated he believes
these witnesses will be able to show that these conditions exist and do constitute a nuisance and asks that the
Commission uphold the initial determination that there is a nuisance violation.
Mayor Borno asked both parties to identify their witnesses so he can get their names for the record then he
will swear them in. Chief Classey stated the City has four witnesses, Andy Huffman, Bruce Robbins, Ronelle
Davis and Animal Control Officer Kelly Caton. Ms. LeViseur stated she and her daughter, Cecilia Babillis
would testify. Mayor Borno swore in the witnesses.
Chief Classey called Ronelle Davis, 354 Magnolia Street. He asked if she, on September 21, had an
incident where she witnessed the dogs running in the street in and out of various people's yards. Ms. Davis
stated only one dog, Lola. She stated she had just come into her house and was taking off her shoes and
turned around and saw the dog coming out of her next door neighbor's yard and coming between her house
and car and a couple of seconds later she saw Ms. Babillis walking down the street very calmly. She was not
running after the dog, she was strolling down the street. She stated she continued to walk to the north side of
her property, because she lives south of her. She stated she calmly turned around and let her dog continue to
October 22,2012 REGULAR COMMISSION MEETING Page 5
run in her yard,the park and her neighbor's yard until she was out of view. Chief Classey stated, the dog was
running at large, unleashed and she witnessed it in her yard and at least one other person's yard. Ms. Davis
stated yet. Chief Classey stated he did not have any other questions.
Chief Classey stated the next witness was Bruce Robbins, 310 Magnolia Street. He asked Mr. Robbins if
he, on October 7, had a run-in with one of the pit bull dogs that live at 330 Magnolia. Mr. Robbins stated he
did. Chief Classey asked that he describe what occurred on that date. Mr. Robbins stated he was taking yard
trash out across the street to the pick-up point. He stated the lots are approximately 50 feet wide and, from
three lots north, one of the dogs came at him at a full gallop. He stated he had shears in one hand and yard
trash in the other so he waved the shears to keep the dog away from him. He stated the dog passed within
about 36 inches, made one pass, ran back up the street, came back and made another pass. He stated he
dropped the yard trash and kept the shears and defended himself that way. He stated the dog circled, went
back and at that time the owner got the dog under control. Chief Classey asked if he was on his property at
the time or the property adjacent. Mr. Robbins stated he was in the street. Chief Classey asked, when the dog
came charging at him he held the dog at bay with the shears. Mr. Robbins stated the dog made a pass at him
and he kept the dog at bay with the shears as it ran past him and the second time, the same thing, except he
dropped the yard trash and kept the dog at bay with the shears. Chief Classey asked if he was in fear for his
safety during that time. Mr. Robbins stated very much so. Chief Classey asked if he has had other
encounters with this and/or the other dogs where he has been in fear. Mr. Robins stated that is correct, both
he and workers on two occasions have been menaced by these dogs. He stated it has been a very
uncomfortable situation, a very dangerous one. Chief Classey stated he had no further questions. (Prior to
the meeting Mr. Robbins distributed a handout entitled "Nuisance Violations Summary" to the Commission
and audience.)
Chief Classey stated the next witness was Andy Huffman, 11447 Harlan Drive, Jacksonville. Chief
Classey asked Andy Huffman if, on October 9, he had an encounter with one of the pit bulls that reside at 330
Magnolia. Mr. Huffman stated yes. Chief Classey asked him to describe what occurred that day. Mr.
Huffman stated he was installing some security lights and reading the pamphlet to see how to work them
when he saw her come out walking two dogs south. He stated as she came back around, he was behind his
van and he heard the dogs barking and the brown and tan one came around. He stated he could see her
holding back the black one but he couldn't see the other one. He stated it came around the side of the van,
ran right up to him and he kicked it in the top of the head and it went back, ran out in the yard and circled and
came running back at him. He stated he got ready to kick at it again and it ran past him into the garage,
circled around and ran back out. He stated she corralled it and got them both into the house and then came
back with a leash in her hand and said the dog had gotten all possessive and asked if he got bit. Chief Classey
asked Mr. Huffman if he was on another property, not on 330 Magnolia. Mr. Huffman stated he was directly
next door, 338, standing by the garage door in the driveway. Chief Classey asked if he felt the dog charging
at him was aggressive. Mr. Huffman stated yes, he kicked the dog. He stated he wouldn't kick the dog if he
hadn't. He stated he thought it was going to lunge at him but when it didn't he just reacted that way. Chief
Classey asked even after the first time with the dog being kicked it then circled back around at him. Mr.
Huffman stated it went out, gained its speed again, came running in. Chief Classey stated there was another
dog that was present who, on this particular occasion, was restrained by the owner. He asked what was that
dog's behavior. Mr. Huffman stated that dog looked more aggressive really than the one that was coming at
him; it was really excited and she was holding it back with the leash. He stated it was pretty strong and he is
glad only one was loose. Chief Classey stated that was all the questions he had.
Chief Classey stated the next witness was Animal Control Officer Kelly Caton. He asked if Ms. Caton had
reviewed the affidavits and reports and was familiar with the three instances that were described tonight. She
stated she was. Chief Classey asked if citations were issued in each of those three instances for the dogs
October 22,2012 REGULAR COMMISSION MEETING Page 6
being unleashed and running at large. Ms. Caton stated yes. Chief Classey asked if Ms. Caton was part of an
investigation that was done into whether or not there was sufficient cause to determine whether or not the
dogs should be declared dangerous. She stated yes. Chief Classey asked if she filled out sworn affidavits
about what her opinion and conclusions were as a part of that investigation. She stated yes. Chief Classey
asked her to tell him what those were. Ms. Caton stated there were affidavits filled out for each dog. She
explained they have incidences for each dog. She stated they felt they were dangerous under subsection 1(d)
in the dangerous dog law, which she read. She stated they investigated each affidavit that came in. Chief
Classey asked if, at the conclusion of that investigation, she felt there was sufficient cause to make an initial
determination that the dogs are dangerous. Ms. Caton stated yes. Chief Classey stated that right now that is
pending a hearing before a different board. She stated yes. Chief Classey stated he didn't have any other
questions.
Chief Classey stated he has been quite involved with this case since it really came to the forefront four weeks
ago and has reviewed this investigation and been involved in many parts of it. He stated there are a number
of times on this spreadsheet where a nuisance violation could have been declared, however, they didn't have
the information at that time to be able to pursue that. He stated for the purposes of this, he could show there
was a nuisance in August, September or October, but for brevity purposes and to meet the standards that are
in the ordinance he chose just the last three most recent. He stated there actually are four that fall within a 30
day period of time that will demonstrate this is a nuisance situation. He stated it goes beyond just a nuisance
of the dogs running at large, which is in and of itself, and in the six years he has been here this is absolutely
the worst case he has seen. He stated what makes this a teiTible incident and something that does need to
have additional restraints placed on it is the fact that these dogs are going out and being aggressive toward
people. He stated Mr. Owens spoke about his incident and although it did not qualify to classify the dogs as
dangerous due to what the ordinance requires, it is indicative of aggressive behavior. He stated, quite simply
they attacked his dog on the beach. He stated a number of these sworn affidavits that have been provided in
the agenda packet discuss how these people have been approached in an aggressive manner with the dogs
barking and growling and have had their head lowered or their ears back and bearing their teeth and snapping.
He stated a number of people have described it to him personally. He stated it's not if these dogs are going to
bite, it's a matter of when. He stated, for the purposes of being able to show there is a nuisance violation, he
only used the top three, but the Commissioners were provided with all of the sworn affidavits going back to
May of this year, which totals 16 different incidents. He stated that concludes the initial portion of the
presentation of the case.
Mayor Borno called Ms. LeViseur to speak.
Suzanne LeViseur stated she didn't realize she was such a horrible person until she sat here this evening.
She stated she was going to talk about what is happening with her house but she feels like she has been
convicted of everything here. She stated she knew nothing about any of this happening. She stated she
received two letters from the City, April 11 and July 18, one of which was a dog running at large complaint.
She stated all it says is reports have been received from your neighborhood that your dog is frequently off
your property unleashed. She stated she had no idea it was this bad. She stated she is a single mother, works
two different jobs and had no clue any of this was going on. She stated when the letter came in she spoke
with her daughter and emphasized the dogs had to be on a leash. She stated one of the problems was she was
using a collar that was just buckled that they could slip out of She stated the other letter she received was for
a noise complaint for the dogs barking on her deck. She stated the only other contact she has had about this
was her neighbor, Lindsay Cole, who has dropped two letters in her mailbox saying the dogs were barking
and it was annoying her. She stated other than that she had heard nothing. She stated one other time she had
a call from Ms. Chalot while she was out of town and she said she thought Jack was running free. She stated
at that time her girlfriend Tracy was babysitting the dogs and she told her no he was sitting in the house. She
October 22,2012 REGULAR COMMISSION MEETING Page 7
stated it was another red pit that was running free that she thought was hers. She stated she has always had at
least one dog, if not more and has never had an issue. She stated she got rid of her husband in 2005 and
unfortunately had her business fail and had to buy him out of the house which is when she had to start
working extra time to make more money to be able to cover things for her kids to be able to do. She stated
they are both in college right now so she has two college fees to pay. She stated she is not home because she
is working all the time which is part of why her neighbors don't know who she is. She stated they said they
have talked to her on numerous occasions; they have not. She stated she has not talked to any of them. She
stated she was shocked when she got a copy of the letter Lindsay Cole had sent to all the neighbors in the
vicinity asking them to band together to do this. She stated she knows they also had a meeting after the City
Commission last week regarding all these affidavits which is why they all poured in. She stated someone
made a comment of why so many so late. She stated all these citations came in the last two or three weeks,
because she didn't get a citation on them until that letter came in on October 10, to which she responded on
October 13. She suggested when the City sends out a citation letter to those who don't have anything to do
with the law that they tell them there are citations they can come read. She stated she had no idea they were
here and had no idea any of this was going on. She stated her daughter has extreme love for these animals.
She stated the comments that they are not exercised and are prisoners in the house, they aren't. She stated
they play with them,they love them; the only time they are in the back yard is when they are back there with
them. She stated she can't afford right now to replace her fence. She stated she wants her daughter to speak
about what is going on because she wasn't there. She stated from what she understands, her daughter has
been letting the dogs out of the house without them being on a leash or when she does have them on a leash
they are on a bad collar.
Cecelia Babillis stated this is all because of her. She stated if she ever thought her dogs were dangerous she
would never let them out when people were out, let alone off leash. She stated all of this could have been
dealt with differently because she wasn't talked to except for Gretchen face to face. She stated Lindsay Cole
yelled at her from the middle of the street. She stated she takes total responsibility and has seven citations
already for misdemeanors that she is going to court for in November that are more than $1,500. She
understands her penalties and the reason she didn't tell her Mom was because she was planning to take care
of them herself and didn't want to stress her out because she knew how busy she was. She stated regarding
Scott Owens she too has a citation in as well that she wrote including her version of the story. She agreed to
the dogs running at large habitually and takes full responsibility for it. She stated she does not think her dogs
are dangerous nor does she think her Mom has anything to do with it. She stated obviously there is sufficient
cause and she totally deserves the nuisance violation. She stated she hopes to talk to the judge about trying to
arrange it so only she pays for it and not her mother, who has helped her through high school paying random
traffic tickets, as well. She stated as far as running at large, it's all her, it has nothing to do with their
residence at all. She stated she has let them out personally through the door more from stubbornness and
pride over what was happening with Lindsay Cole and looking back understands the ridiculousness of it and
how it is unexcused regardless. She stated she did not realize her neighbors were scared, she just thought she
was just a nuisance like it says in the letters. She stated it wasn't until they received it that she actually heard
that her neighbors considered her dogs dangerous and not just a hindrance on their lifestyles like getting in
their cars. She stated not one reacted scared until all this happened. She stated this has a lot to do with the
fact that Lindsay Cole is spreading rumors about her mother and herself as well as her dogs saying that each
one of them has attacked a person and a dog. She stated that is pretty much like calling herself a rapist and
saying her Mom is okay with it. She stated she believes all of the citations are going to have a hint of bias in
them and hopes they can take that into consideration and hopes they can get another chance to prove they
have these dogs under control. She stated it wasn't a matter of being competent owners, it was just her being
irresponsible and inconsiderate of her neighbors. She stated she loves it here and it broke her when she heard
that all these people that she has lived next to her entire 20 years were thinking these things and it affected
them that much. She stated that it has gotten to the point where her mother has been embarrassed without
October 22,2012 REGULAR COMMISSION MEETING Page 8
even being talked to and it shows the amount of bias Lindsay Cole has had on all these citations. She stated
she mows Ms. Chalot's yard every week and has never heard a complaint from her and when she came back
she filed a complaint without even talking to her. She stated her mother has never walked Lola with another
dog. She stated she doesn't feel like they are getting a fair trial and if anything she is just hoping for their
consideration for a longer time to show that they have control of these animals. She stated she loves them
more than she loves herself
Ms. LeViseur stated she hopes the Commission understands and asked them to take into consideration her
child's immaturity and, as she calls it, bullheadedness. She stated her daughter and Ms. Cole have butted
heads quite a bit and as she said, she was going to show her and obviously the dogs were doing dog things.
She stated they thought their job was to protect her. She stated they hear something and they go running after
whatever they heard. She stated she believes that her daughter now knows the consequences and will follow
the law in keeping the dogs on a leash and they should be in much better shape in the neighborhood.
City Attorney Alan Jensen asked Ms. LeViseur to tell the Commission anything she had done since receiving
the notice about the nuisance determination. Ms. LeViseur stated the dogs have never broken out of the
house, they have been let out. She stated the way the nuisance thing read was that she had to repair any
deficiencies in the house. She stated her fence is in bad shape but the dogs aren't left out in the yard unless
they are out there with them. She stated the only thing she could think of as a remedy was to purchase new
choker collars for the dogs so they can't slide it over their head. She stated she talked to Officer Caton and
discussed only walking the dogs one at a time or getting muzzles on them, which they can do. She stated
these dogs are like her child's children. She stated her daughter had been away at college last year and had to
come home because of some issues where she got hurt in soccer and some issues where she actually got a
medical withdrawal from college because of the problems that had happened. She stated she would be very
concerned if her daughter loses her dogs because she is not sure she would feel like she could continue going
on.
Mayor Borno asked Chief Classey for rebuttals.
Chief Classey recalled Animal Control Officer Caton about her direct knowledge of contacts and attempted
contacts she has had with Ms. LeViseur. Ms. Caton stated the letter sent in April 2012 was because she
received complaints about the dogs running at large. She read a portion of the letter stating it requested Ms.
LeViseur call her if there was anything we could do. She stated she did not receive any calls. She stated she
also sent a letter in July 2012 because of a neighbor complaining about barking. She stated in August 2012
they wrote a ticket to Ms. LeViseur about barking and spoke to her at that time telling her she heard
complaints and she really needs to get things under control. She stated at that time she got Ms. LeViseur's
cell number and had Ms. Babillis's cell number as well. She stated she has called both cell numbers multiple
times. She stated Ms. Cole came in with an affidavit and she asked her to let her call Ms. LeViseur to see if
they can do something. She stated she also has a 20 year old and she did call her and said, mother to mother,
we really need to talk, please give me a call. She stated she never received a call. She stated when she wrote
Ms. Babillis the first two tickets in September they had a long discussion. She stated she came into the
station and they discussed the importance of keeping her dogs on leash. She stated she told her this was
unacceptable and they discussed other ways to exercise her dogs, including making use of the dog park since
two of her three dogs are sterilized. She stated Animal Control has tried many times to prevent this from
getting to this point so when they say we weren't making contact that is untrue. She stated not only did she
make contact but she wrote it down every time on a phone log and police report. She reiterated they did try to
prevent this from etting to this point. Chief Classey pointed out that Ms. LeViseur received three citations
for the August 24t incident and it indicated on the citation that this was not a first violation so if she didn't
know there was one or more prior to that then that may have been a breakdown in communication between
October 22,2012 REGULAR COMMISSION MEETING Page 9
herself and her daughter. He stated a lot of what was just testified to was well outside the scope of this
hearing but it appears to be directing certain issues felt toward one individual. He stated Lindsay Cole's
name was specifically mentioned but she is not even listed on this list. She is not an affiant in one of the 16
complaints they have received that is on the spreadsheet, so this is not an issue where it is a neighbor to
neighbor dispute. He stated this is an issue where they have got the affiants, one of which is a police officer
who witnessed it and filled out an affidavit. He stated some are residents, some don't even live in the
neighborhood. He stated this cannot be reduced down to just one neighbor having a dispute with another
neighbor; this is obviously a much larger issue than that. He also pointed out that the behavior of these dogs
does not remotely resemble anything that he would constitute as a dog protecting their owner. He stated if a
person lets their dog out, either mistakenly or intentionally, and they chase down the street, that is not
protecting the dog's domain which is their residence where their owner lives. He stated this is not a dog
protecting anything, this is a dog aggressively going after other people. He stated another point that needs to
be made is 50% of what's contained in this notice of nuisance violation is already required by ordinance
under section 4-10 because the dogs are part of a dangerous dog investigation and they are required to keep
them securely confined on their property pending the outcome of that investigation, which has been
concluded, but also pending the outcome of any hearings and there hasn't been a hearing yet. He stated they
are required to keep that dog confined regardless of the nuisance violation. He stated the nuisance violation
was put in there to call greater attention to it and also because if the dogs get out again the City is going to
impound them. He stated that is not just if they find them running at large. He stated if they run at large and
get back in the house the City intends to take the dogs because they are acting aggressively. He stated that is
the second part of the nuisance, but the first part they have to do anyway. He stated it is nothing greater than
what the ordinance already requires that they do because of the initial determination of being declared
dangerous. He stated there is so much that is going on with this case from a number of different City
departments that he doesn't want to get confused for the very limited issue of what they are here tonight
about, which is whether or not there is a nuisance violation because the dogs are running at large and are
creating a safety hazard for residents and visitors in the area. He stated the Building Department has issued a
notice on property maintenance issues which is separate and complete from all this. He stated, however,
some of the issues that were discussed about the condition of their fence, etc. do have relevance as far as they
need a good fence to securely confine the dogs. He stated they can satisfy the requirement of the dangerous
dog or the nuisance violation by keeping the dogs in the house, so at this point the fence is not as big of an
issue but it very well may become an issue. He stated not only for the nuisance violation but on the
dangerous dog declaration they must have a secure fence. He stated neighbors have reported to him that they
have asked them to make repairs and they haven't and the neighbors have actually put up blocks to hold the
gate shut or put up fences that adjoin the rotting fence so the dogs can't get in their yard. He stated there very
well may be property maintenance issues but that is not why they are here tonight. He stated they may
become much more important with regards to a dangerous dog declaration. He reiterated the issues here
tonight are very narrow in scope, the dogs are running the neighborhood at large on well more than two
occasions, as required by ordinance, and they are creating a safety hazard for the residents.
Mayor Borno stated Ms. LeViseur has five minutes for her final argument.
Ms. LeViseur stated she does not recall getting the one call from Officer Caton that she mentioned. The other
times she talked to her she does remember but unfortunately a lot of the discussions were between Officer
Caton and her daughter who did not tell her about the calls. She showed the letter from Lindsay Cole that
was sent to everyone in her neighborhood which was trying to bring the neighborhood together against them
or to bring this to light, which is why so many of these citations happened in the last couple of weeks. She
stated she did get a citation on August 22 for one dog, Jack, for barking. She stated the next three citations
she received all said second citations. She stated that is being contested right now because two of the dogs
weren't on the first citation so it wouldn't have been a second citation, as far as she understands it. She
October 22,2012 REGULAR COMMISSION MEETING Page 10
pointed out discrepancies in one of the affidavits, including the time of day and the notarization is for six
weeks from now. She further stated she personally never takes the dogs out without leashes so that whole
affidavit is questionable, which is why her daughter made the comment about questionable,affidavits. She
agreed there is a problem, however, she hopes they can come to some kind of resolution that will meet some
middle ground. She stated she is trying to do things to her property and will have to break into her retirement
fund so she can pay to fix some of these things because she is living pay check to pay check paying two
college tuitions right now.
Cecilia Babillis stated it isn't just Lindsay Cole and she understands she has caused a nuisance to the entire
community and she has apologized for that. She stated she brought proof of the medicine she takes and how
she is mentally, which proves she is a visual learner. She stated, regardless, she is wrong and is not trying to
defend herself, if anything she is trying to defend her mother and her dogs. She stated the dogs were not born
to hurt anybody and are not born evil. She stated on Lindsay Cole's citation she not only lies about having
many neighbors having tried to discuss the situation and then having both her and her Mom respond with
hostility and disrespect but states they have now learned that these dogs have bitten people and their pets from
unproven affidavits that are just offensive in how terrible they are. She stated to show pictures of this dog
that supposedly her dogs have attacked and caused $500 worth of pain over, she has never heard of and her
Mom has definitely never taken Lola out with Jack. She stated Ms. Cole also told Bruce Robbins that her
Mom has flipped her off, which she has never even seen her Mom curse and no one in the neighborhood can
say her Mom has ever disrespected anybody in this neighborhood. She stated they don't want to leave, they
love Atlantic Beach. She stated they want these negative things to go away and if anybody has terrorized the
community as much as her dogs, it is Lindsay Cole in saying these dogs have bitten people and showing
pictures of an attack that hasn't even been proven. She stated as soon as the attack happened with Scott
Owens' dog, which was only small puncture wounds, they made sure it was okay. She stated it is very
personally motivated and she can totally understand where this is coming from. She stated she would be
scared herself if she had heard these dogs had attacked somebody. She stated they didn't even know the dogs
were dangerous until October 10. She stated she will admit, according to the dangerous dog code, running up
aggressively is a dangerous dog situation and it does break that code, but she did not know that qualified as a
dangerous dog and if she could take it back she would. She stated her mother has been humiliated and
harassed and embarrassed by this and, if anything, that's what she feels worse about, and also her dogs
because she feels like she didn't give them a good chance especially if you have to take them away from her
or kill them. She stated when she rescued them she just wanted them to be happier or be in a better situation
than they were in. She stated she feels that with Lindsay Cole pumping it up she feels like it is also a
gathering of a mob mentality. She stated the reporter from the Florida Times Union has also slandered her
name as well as written false information about somebody who supported her, reading from the article. She
gave letters to the City Clerk that she referred to in her rebuttal. She stated she hopes they can reach an
understanding and if not meet at a later time to do another hearing because she truly believes her dogs are not
dangerous and she will openly admit that she does believe she caused a nuisance and she apologizes for that.
Mayor Borno asked that Chief Classey give his final arguments.
Chief Classey stated there has been a lot of discussion tonight about the neighbors not coming to Ms.
LeViseur or Ms. Babillis but the law does not require that they do so. He stated many people are reluctant to
do that and are also reluctant to report it to the police. He stated there was discussion about many affidavits
were turned in some time after the incident had occurred, which is true. He stated it is not unusual for
neighborhoods to get together and discover that what they have been suffering with as a problem is not just
limited to them but is much more widespread which this exemplifies. He stated a lot of the neighbors didn't
know that problem was as bad as what it was until they started talking to each other and when that became
apparent they did start reporting it to the police department and animal control and it was investigated. He
October 22,2012 REGULAR COMMISSION MEETING Page 11
stated you see the results on the spreadsheet in the 16 different affidavits. He stated whether Ms. LeViseur or
Ms. Babillis got the citation, they are both occupants of the residence and under this they are equally
responsible for abating the nuisance. He stated their remedy of buying different collars does not change
owner behavior. He stated this is one part of several different things; the citations which are in court now are
a separate issue; this nuisance is telling them they have to keep the dogs confined and if they get out the City
is going to take them; and then they have the dangerous dog declaration for which a hearing will be pending
and if that initial determination is upheld there are all sorts of additional requirements that the City Code
requires, such as muzzling the dogs, etc. He stated those will all be handled in a different forum than what is
here tonight. He stated in going back to expecting that the neighbors should have come to Ms. Babillis or Ms.
LeViseur and talked to them about the problem, he had a couple of neighbors tell him that they preferred to
handle it that way but were reluctant. He stated he had the opportunity to meet Ms. Babillis for the first time
on Friday when she was making a public records request and he took the opportunity to speak with her for a
moment and she became very disrespectful to him personally and he abruptly ended the conversation and told
her he would see her at the hearing tonight. He stated he can take verbal abuse since he has been a police
officer for 20 years but if someone is going to talk to a police officer in that way, he is not surprised for a
moment that her neighbors would be reluctant in approaching her. He stated what he has heard tonight is a
lot of excuses but it has been adequately demonstrated that there were two or more instances of the dogs
running at large. He stated there is much more evidence than was presented tonight. He stated he included
the dangerous dog declaration notices in the agenda packet that has a bullet listing, by dog, of instances. He
stated that, along with the testimony from those with the most recent incidents that were presented tonight,
more than demonstrates that these dogs have created a safety hazard.
Mayor Borno asked the Commission if they had any questions. There being none he asked that they disclose
the ex parte.
Mayor Borno stated he has seen emails as listed on the chart completed by the City Clerk (which is
attached and made part of this Official Record as Attachment A).
Commissioner Beckenbach stated in addition to those listed by Mayor Borno he has also had emails from
Cindy Corey and has spoken with Chuck Almeida,trainer at Sportsplex, on this matter.
Commissioner Daugherty stated he has received all the emails on the list mentioned above and also visited
the home of Jennifer Chalot and observed the condition of the defendant's home and also had a conversation
with Cindy Corey.
Commissioner Mark stated she has no other ex parte to disclose than what was listed.
Commissioner Woods stated in addition to the list of emails she has received an email from Sally Clemens, a
phone conversation with Officer Caton, and met with citizens including those they exchanged emails with as
well as Karen Johnson, Rosalind Hoffman, Ronelle Davis and Charlie Deters.
Motion: Uphold the nuisance determination as made by Chief Classes.
Moved by Daugherty, Seconded by Woods
Each of the Commissioners provided comments to Ms. LeViseur and Ms. Babillis.
Votes:
Aye: 5—Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
October 22,2012 REGULAR COMMISSION MEETING Page 12
City Attorney Jensen explained the vote confirmed what Ms. Babillis admitted, stating she agreed the dogs
have been habitually running at large. He stated the ordinance states if the decision of the Commission is
adverse to the property owner then the City Manager can cause the condition to be remedied unless otherwise
directed by the Commission. He stated if they want to address that, having heard what they claim they have
done to date as far as abatement, and give them some conditions or a time limit within which to do that, they
are under the dangerous dog tentative classification until a determination is made by the Code Board that they
have to meet those requirements. He stated if they don't want to do anything further then it is up to the City
Manager's office to determine where to go next.
Commissioner Woods stated at this point the nuisance has been upheld and asked Chief Classey what the
requirements of the Code are as far as the nuisance is concerned. She asked if it was just keeping the dogs
contained on the property on a leash.
Chief Classey stated the dogs have to be safely secured, confined on their property. He stated they can't take
them for a walk right now. City Attorney Jensen stated that is not because of the nuisance determination, that
is because of the dangerous dog. Chief Classey stated that language was put into the nuisance and if they do
run at large then the City will impound them at owner expense. He stated it is an additional requirement
because of the nuisance violation not because of the dangerous dog. He stated the dangerous dog ordinance
does not contain a provision about impounding at the initial level unless they catch them out running at large.
Commissioner Woods clarified what she believes Chief Classey just said is that the dogs must be contained
on the property at all times. Chief Classey stated that was correct. Commissioner Woods further clarified at
any time the dog gets loose and it is reported, the City can come to the house and impound the dog. Chief
Classey stated that was correct. Commissioner Woods asked, as far as the physical conditions of the house,
what does this determination require. Chief Classey stated they can keep the dogs securely confined within
the residence if they choose to do so. He stated he believes there are some maintenance issues with the fence
that will need to be remedied. He stated he didn't get into that extensively at this point because part of the
upholding of the dangerous dog declaration will be that they have to get an annual certificate from the City
which has a number of different requirements related to the declaration after the Code Enforcement Board
upholds the initial determination. He stated part of that is that they can meet the requirement of secure
confinement which is a double layer of security, i.e. a pen inside the fence. Commissioner Woods asked, for
just the nuisance part, as related to the physical condition of the property, is there anything they are required
to do. Chief Classey stated the key is that the dogs can't get out and they haven't gotten out since they put
them on notice so they are complying with what the nuisance violation requires that they do at this point.
Commissioner Woods stated she would like to make a motion to request the City Manager make sure there is
a secure fence and perimeter on the property to keep the dogs contained if they are outside in the yard. She
stated the slats on the deck are wide enough for the dogs to be able to get through and she wants whatever
repairs are necessary within the entire border of the property where the dogs are so they are securely
contained. Chief Classey stated they have also been sent a notice by the Building Department of some
property maintenance violations and one of those things was maintenance of fences so they will be required
by the City to make those repairs regardless. Discussion ensued.
Motion: Immediate necessary repairs be made to the fence so it is completely secure and the dogs
cannot get out.
Moved by Woods, Seconded by Mark
October 22,2012 REGULAR COMMISSION MEETING Page 13
Commissioner Beckenbach asked Chief Classey, now that the dogs are considered dangerous dogs, how long
will they not be allowed to be walked. Chief Classey stated, under the dangerous dog ordinance, they could
walk the dog down the street if he had a muzzle and met other conditions. He stated this nuisance violation is
a separate issue from the dangerous dog. He stated there is also an insurance policy with a significant liability
coverage for the dogs they will need to get; the dogs will need to either have a tattoo or be implanted with a
chip designating that they have been declared dangerous; they can't be sold without disclosing that
information; if they ever get loose the owners are required to call the police; if it is ever involved in a bite
they are required to notify them and then that kicks into a whole additional chapter within Chapter 4 as far as
what happens at that point. Commissioner Beckenbach asked, if the dogs are declared dangerous by the Code
Enforcement Board, what happens at that point. City Attorney Jensen stated those additional things that the
Chief just listed will be enforced. He stated it doesn't come back to the Commission again.
Mayor Borno stated the ordinance is governing and Ms. LeViseur and Ms. Babillis have a copy and he would
strongly encourage them to work with the City. He stated they will provide information and guidance but
they can't solve their total problem.
Commissioner Daugherty expressed concern about Ms. LeViseur's and Ms. Babillis' financial ability to do
repairs. He stated he believes they have gotten the message tonight but he is concerned about the financial
ability to construct a fence immediately. Commissioner Woods stated they are just repairing.
Votes:
Aye: 5—Borno, Beckenbach, Daugherty, Mark,Woods
Nay: 0
MOTION CARRIED
Mayor Borno recessed the meeting at 8:36 p.m. He reconvened the meeting at 8:44 p.m. City Attorney
Jensen returned at 8:46 pm.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
A. Acknowledge receipt of the Building Department Report and Utility Sales Report for September
2012, the Public Works and Utility Departments Project Status Report as of October 5, 2012.
B. Award the contract to install wind shutters at City Hall in accordance with grant to Custom Storm
Shutters, Inc. (Bid No. 1112-10).
C. Award the contract for street sweeping of Florida Department of Transportation (FDOT) roads, City
streets, Public Works yard and City Hall to USA Services for a total of $29,100.00 a year starting
November 1, 2012 (Bid No. 1213-01).
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Items A,B and C as read.
Moved by Daugherty, Seconded by Woods
October 22,2012 REGULAR COMMISSION MEETING . Page 14
Votes:
Aye: 5—Borno, Beckenbach, Daugherty, Mark,Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO.90-12-215,Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24,
LAND DEVELOPMENT REGULATIONS, ARTICLE III, ZONING REGULATIONS, SEC. 24-51,
NOTICE OF PUBLIC HEARINGS, AND SEC. 24-69, FEES, AND PROVIDING AN EFFECTIVE
DATE.
Mayor Borno questioned that this was a Public Hearing. Mr. Hanson stated that was an error, it was for
first reading. Mayor Borno read Ordinance No. 90-12-215 by title.
Motion: Approve Ordinance No. 90-12-215.
Moved by Woods,Seconded by Daugherty
Building and Zoning Director Mike Griffin summarized the Ordinance showing a slide entitled "The Estimated
Mailed Notice of Public Hearing (300' vs. 500')". He stated the Commission requested a 500 ft. radius be used.
He stated staff did an analysis of the cost difference between the 500 feet and the 300 feet. He stated for 300 feet
it was $337/application and for 500 feet it was nearly doubled at $593/application. He stated at this time staff
recommends the City use 300 ft. radius, which is used by all the beaches and St. Johns County and Jacksonville
uses 350, so it would be consistent with the jurisdictions in North Florida.
Motion: Amend Ordinance to change to 300 feet from 500 feet radius for notifications.
Moved by Daugherty, Seconded by Mark
Discussion ensued regarding the fees. It was determined that staff would make the adjustments for second
reading.
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
City Clerk Donna Bartle stated she spoke with Erika Hall when preparing the agenda because her staff report
initially stated Public Hearing and it was determined this type did not require a Public Hearing. She stated she
forgot to change it on the agenda after speaking with Ms. Hall. She stated it has not been publicized as a Public
Hearing other than listing it on the agenda. She stated she didn't know if they may want to open it up to the floor
October 22,2012 REGULAR COMMISSION MEETING Page 15
just in case someone wants to speak, but it is not necessary. Mayor Borno stated due to the error he would open
the Public Hearing. No one from the audience spoke so he closed the Public Hearing.
Mayor Borno called for the vote on the original Ordinance as amended.
Votes:
Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Appeal of Notice of Violation from Suzanne LeViseur at 330 Magnolia Street.
This item was taken out of sequence and acted on earlier in the meeting.
B. Cost of Living Raise for Non-Union Employees.
City Manager Hansen explained it was the Commission's intent to provide a 1% cost of living raise to all
employees effective the beginning of the current fiscal year; however, the negotiations of the City's two
unions have been delayed extensively and impasse has been declared with the City's Blue Collar Union.
Resolving the contract issues with the two unions is expected to take several more weeks. He stated so as not
to penalize the non-union City employees for those delays caused by the unions, it is proposed that the
Commission approve a 1% cost of living for all non-union employees, which would exclude the City
Manager and the City Clerk because their salaries are handled separately. He stated it is recommended the
Commission give this as a cost of living raise. He stated staff recommends that starting salaries remain as
they are which will help offset the pay compression issue. He stated they would raise the top salaries as they
normally do in a cost of living raise so the employees at the top of their pay grade would also get a 1% raise.
He stated from a budget standpoint the cost to give the 1% raise to all employees is about $60,000/year;
however, excluding the union members the cost for non-union employees is estimated at $33,740. He stated
he recommends the Commission authorize the 1% raise to non-union employees, retroactive to October 1,
2012.
Motion: Authorize a one percent cost of living raise be provided to non-union employees with an
effective date of October 1,2012.
Moved by Daugherty, Seconded by Woods
Votes:
Aye: 5—Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
C. Approving bids for employee health insurance.
Human Resources Director Sue Danhauser introduced Brooks Faison with Harden and Associates. She
summarized her staff report explaining staff recommends going with Florida Blue who has better coverage,
lower cost and will save the City over $100,000 from the prior year and will save the employees money on
their premiums and out-of-pocket expenses. She stated with the money saved she would like to implement a
wellness program, explaining they have budgeted about $6,000 to start that off. She further asked Harden
October 22,2012 REGULAR COMMISSION MEETING Page 16
and Associates to also take our other benefits out to market which resulted in our life insurance coming down
almost 50%and EAP coming down to $500 from $6,000.
She further explained the voluntary programs that the employees pays and stated she recommends adding
short-term disability, long-term disability, and vision insurance.
She explained the proposed wellness program, stating it should affect our medical claims. She answered
questions from the Commission.
Motion: Approve renewal of all employee insurances listed below effective January 1, 2013 through
December 31,2013 and authorize the City Manager to sign related insurance renewal documents:
City Sponsored:
Medical- Florida Blue (formerly BlueCross/BlueShield)
Life & Supplement Life (EAP is included)—Standard
Voluntary Products:
Dental—Guardian
Vision—Humana CompBenefits
Short and long term disability—Lincoln
Moved by Woods, Seconded by Daugherty
Mr. Hanson stated both Sue Danhauser and Harden and Associates deserve kudos for doing good on this.
Votes:
Aye: 5—Borno, Beckenbach, Daugherty, Mark,Woods
Nay: 0
MOTION CARRIED
D. Florida Inland Navigation District Grant Application.
Public Works Director Rick Carper stated we received a letter of approval from Florida Inland Navigation on
the grant application for $17,000 for the design, permitting and engineering on the first of three Marsh Master
Plan projects. He stated this is for the kayak launch at the north end of Dutton Island, the overlook at the
parking lot to Dutton Island and the overlook at the end of West 6th Street. He showed a map of the site. He
stated he is working with the consultant on the proposal. He stated he is asking the Commission to authorize
the City Manager to sign the documents to send back to Florida Inland Navigation District Committee.
Motion: Authorize the City Manager to sign all required documents for the Florida Inland Navigation
Districts Waterways Assistance Program grant.
Moved by Woods, Seconded by Mark
Mr. Carper answered questions from the Commission.
Votes:
Aye: 5—Borno,Beckenbach,Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
E. Coastal Partnership Initiative Grant Application.
October 22,2012 REGULAR COMMISSION MEETING Page 17
Public Works Director Rick Carper stated this is to request permission from the Commission for staff to
apply for another grant. He stated Marsh Preservation Society and, specifically, John November is
pushing for this. Mr. November stated he would write the grant if the City wanted to get some money to
kick start the pedestrian path. Mr. Carper summarized the proposed plan showing a map of the site for
the pedestrian path. He reiterated he is requesting permission to apply for the grant and to authorize the
City Manager to sign all grant related paperwork. Mr. Hanson stated this is the first phase of the ped
path going all the way up, but at the same time it is a project that makes sense in and of itself because it
will give handicap access to the pier.
Motion: Approve Staff applying for the CPI grant and authorize the City Manager to sign the
application for the grant when completed.
Moved by Beckenbach, Seconded by Mark
Mr. Carper stated no funds will be available for this until July 1, so they have plenty of time to do some
research of what they want to use for the path. He stated before Stone Dust was brought up, the
materials planned were either concrete or asphalt. He stated there are a number of places where JEA will
have to be able to drive their trucks across the path, so it will have to stand up to a 25-ton truck.
Mr. Carper answered questions from the Commission.
Votes:
Aye: 5—Borno, Beckenbach, Daugherty, Mark,Woods
Nay: 0
MOTION CARRIED
F. Proposed policy on banning texting and cell phones at City Commission meetings.
Mayor Borno stated this was brought up at the NE Florida League of Cities meeting while Carla Miller
was speaking on ethics and it was noted that ethically it is a very poor thing to do.
Motion: Direct staff to bring an Ordinance implementing new Rule 28 for first reading at the next
scheduled Commission meeting to be held on November 13,2012.
Moved by Daugherty, Seconded by Borno
Commissioner Woods stated she is not sure about having the phones turned completely off She stated
she can understand not accepting and sending but believes there should be an emergency provision
added. Discussion ensued. City Attorney Jensen stated they can bring back an ordinance and suggest
some alternative language and the Commission can discuss it. He stated this is just for direction as to
whether they want staff to bring back an ordinance or not.
Votes:
Aye: 5—Borno, Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report.
October 22,2012 REGULAR COMMISSION MEETING Page 18
Mr. Hanson distributed a copy of the Strategic Plan Quarterly Report to the Commission. He stated this
report has a new top goal added for the golf course and asked the Commissioners to look over the language
closely and provide any feedback to him in the next week or so as to the wording related to that.
He further reported the City received a grant for $1,209 from the Bureau of Justice Assistance for purchase of
bullet proof vests for the Police Department.
He reported the breast cancer marathon will be held February 17, 2013.
He also reported on the International City Management Association (ICMA) conference held in Phoenix,
stating they had a session entitled "Fostering a Culture of Civility Inclusion and Consensus". He stated he
was unable to attend the conference but has a video on demand service that allows this video to be shown.
He stated he would recommend the Commission view the session and suggested 5:00 p.m. before the next
Commission meeting on Tuesday,November 13, 2012. It was the consensus of the Commission to watch this
on November 13 at 5:00 p.m.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Daugherty
• Spoke with Cindy Corey regarding dog training classes for dog owners and he will work with the City
Manager on this.
• Will work with the City Manager to look at getting a grant writer.
Commissioner Beckenbach
• Asked about liability insurance for the tennis instructors. Mr. Hanson explained it is in their contract.
Mr. Hanson stated he would send him a copy of their contracts.
Commissioner Woods
• Stated she spoke with Chief Classey about what they can do to be more proactive in responses
regarding affidavits, such as those we had tonight. She stated he will look into this.
Commissioner Mark
• Asked what the Commission's feelings are regarding the Robert Street ditch issue next steps. She
stated she doesn't want them to feel like we have dropped the ball. Mayor Borno stated he will
address that during his report.
• Asked if there is a provision in our Charter regarding a review period for the Charter. City Attorney
Jensen stated he does not believe there is. She asked the Commission to have a discussion in the
future on a Charter review. Mr. Hanson stated it would be good to bring that up at Strategic Planning
next year.
• Stated the dog issue was very concerning because it had been going on for so long. She believes we
need to make sure there are mechanisms in place to assure actions are being taken in these cases.
• Gave update regarding Selva Marina.
Mayor Borno
• Stated Ander Crenshaw will be speaking at Veterans Memorial Park on November 11 for Veterans
Day.
• Stated the Air Show was fabulous this past weekend.
October 22,2012 REGULAR COMMISSION MEETING Page 19
• Gave update on Robert Street ditch. Commissioner Mark stated she would meet with Mr. Davis and
let him know that FDOT is reviewing it.
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting adjourned
at 9:38 p.m.
Mike Borno
ATTEST: Mayor/Presiding Officer
Donna L. Bartle, CMC
City Clerk
MINUTES OF SPECIAL CALLED (SHADE) MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON OCTOBER 22, 2012
PRESENT: Mayor Mike Borno
Mayor Pro Tern Maria Mark
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Carolyn Woods
ALSO: Jim Hanson, City Manager
Sue Danhauser, HR Director
John Dickinson, Partner/Office Head—Constangy, Brooks & Smith
The Mayor called the meeting to order at 5:03 p.m. in the City Hall North Conference Room for
the purpose of discussing matters related to Union negotiations with the Police Union.
The meeting was adjourned at 6:20 p.m.
Mike Borno
Mayor/Presiding Officer
ATTEST
Donna L. Bartle, CMC
City Clerk
MINUTES OF COMMISSION BRIEFING
October 19,2012
PRESENT: Commissioner Mark Beckenbach,Commissioner Carolyn Woods, City Manager Jim
Hanson,Alexi Strong, Beaches Leader Reporter and four citizens.
Meeting was called to order in the North Conference Room at 4:04 pm.
Four general subjects were discussed:
1) Agenda for the Commission meeting on October 2211d
- SHADE Meeting at 5pm to discuss union negotiations
- Item 7A: Ordinance to amend zoning notice requirements
- Item 8A: Appeal of nuisance provisions for dogs on Magnolia Street
- Item 8C: Bids for Health Insurance and other employee insurance programs
- Item 8E: Grant Application for Tideviews pedpath
- Item 9: City Manager's Report
2) Follow-ups
- City Code provisions related to blighted conditions and the Robert Street ditch
- Police Building floor elevation and flood plain requirements related to future possible
renovation
- Feasibility Study for golf course; possible information on affect on adjoining property values
3) Tipping fee status
4) Golf Course status
The meeting was adjourned at 5:25 pm.
Jim Hanson, City Manager
AGENDA ITEM#4A
NOVEMBER 13,2012
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AGENDA ITEM#4A
NOVEMBER 13,2012
City of Atlantic Beach, Fl.
Utility Sales Report
-,�y ,,.._,.r,,:-is `rte:. ,.,.. - , ,,��..,k.. ,.,�.�. ^' ,.�-..v.�; ,.%, ''--� ,....,,, S1,,,,Z3M ,.NZ'.A,W,,WA .' ,
p 0 g
October 2012 El October 2011 •
Gallons Actual Revenue Gallons Actual Revenue
Water Sales Accounts 0000 Revenue Per 1,000 gl a Accounts 0000 Revenue Per 1,000 gl
Atlantic Beach ' 5,609 37,968 $142,737 $3.76 9 5,590 46,692 $169,987 $3.64 1
Buccaneer a 2,473 16,481 $88,882 $5.39. 2,475 20,919 $107,926 $5161
Total Water Sales 8,082 54,449 $231,619 $4.25, 8,065 67,611 $277,913 $4.111
✓'�p„ =- �..r,.-.-,- "" -„:rZ,�-r5- ;; r - _r -'w*„,,4:�, �,_ --,u,.:*- =.._ .„.,. f2..,�. ..! ,mow--.._.. w
Gallons Gallons °'
Water Plant Production 00oo M 00oo
a
A Atlantic Beach 42,917 55,285
Buccaneer q 17,834 1 20,321 PA
Total Production W 60,751 & 75,606
Total Water Billed 54,449 67,611 q
IWater Loss for month: 6,302 7,995
Percentage Loss 6 10.37% 10.57%
a
Total 12 mo.Avg Loss il 16.10%
17.19% `"=
m-_,._= _ .�, mm r,..' _mmmMM-` ?,,�,m'MMmm:r_�.MM N„W w,_v rg, rp,s„�'..,-_ ..._.h=.,-"g-' ;a:.�
Gallons Actual Revenue Gallons Actual Revenue
Sewer Sales Accounts 0000 Revenue Per 1,000 gl ' Accounts 0000 Revenue Per 1,000 gl
Atlantic Beach 1 5,184 30,422 $234,444 $7.71 g 5,154 34,939 $255,585 $7.32
Buccaneer 2,367 18,284 $174,674 $9.55' 2,372 21,272 $192,565 $9.05 0
Total Sewer Sales If 7,551 48,706 $409,118 $8.401 7,526 56,211 $448,150 $7.97 1
i
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1 4 Gallons Actual Revenue Gallons Actual Revenue I
Sewer Treatment : 0000 Revenue Per 1,000 gl 0000 Revenue Per 1,000 gl kl
I
A Atlantic Beach P 62.019 $409,118 $6.604 48.603 $255,585 $5.26
18.735 $192,565 $10 28
Total Sewer Treated 62.019 $409,118 $6.60. 67.338 $448,150 $6.66 i
0
AGENDA ITEM#4A
NOVEMBER 13,2012
PREPARED 11/05/12, 8:41:48 LICENSE ACTIVITY REPORT BY BUSINESS NAME
City of Atlantic Beach NEW LICENSES FOR YEAR: 2013 BETWEEN: 10/01/12 TO 10/31/12
PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES
•
LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION
BUSINESS ADDRESS ' BUS PHONE if
13-00007625 BEACHES DEMOCRATIC CLUB 10/25/12 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
1487 MAYPORT RD 405-747-7089
ATLANTIC BEACH FL 32233
13-00007619 BEULAH'S PET OUTFITTERS 10/04/12 NEW MISCELLANEOUS SALES, OTHER THAN LIST
1844 SEA OATS DR 904-853-6921
ATLANTIC BEACH FL 32233
13-00007620 COASTAL ACUPUNCTURE, INC. 10/04/12 NEW MISC. PROFESSIONAL ESTABLISHMENT
60 OCEAN BLVD 904-477-4898
ATLANTIC BEACH FL 32233
13-00007621 COASTAL ACUPUNCTURE, INC. 10/04/12 NEW ACUPUNCTURIST
60 OCEAN BLVD 904-477-4898
ATLANTIC BEACH FL 32233
13-00007622 COLONIAL PENN LIFE INSURANCE C 10/04/12 NEW INSURANCE COMPANY
OUTSIDE CITY 317-817-6870
ATLANTIC BEACH FL 32233
13-00007618 DAVID WALTERS PHOTOGRAPHY 10/04/12 NEW PHOTOGRAPHER
1025 BEACH AVE 814-880-2710
ATLANTIC BEACH FL 32233
13-00007613 DEARBORN NATIONAL LIFE INSURAN 10/01/12 NEW INSURANCE COMPANY
OUTSIDE CITY 6.30-824-6172
ATLANTIC BEACH FL 32233
13-00007606 DEFENDER INSPECTIONS, INC. 10/01/12 NEW MISC. PROFESSIONAL ESTABLISHMENT
405 AQUATIC DR 904-435-6650
ATLANTIC BEACH FL 32233
13-00007607 DEFENDER INSPECTIONS, INC. 10/01/12 NEW MISCELLANEOUS PROFESSIONAL
405 AQUATIC DR 904-435-6650
•
ATLANTIC BEACH FL 32233
13-00007632 H CONSTRUCTION & MANAGEMENT, L 10/31/12 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
70 W 14TH ST 678-907-8901
ATLANTIC BEACH FL.32233
13-00007612 HCC LIFE INSURANCE COMPANY 10/02/12 NEW INSURANCE COMPANY
OUTSIDE CITY 770-973-9851 -
ATLANTIC BEACH FL 32233
13-00007615 HM LIFE INSURANCE COMPANY 10/02/12 NEW INSURANCE COMPANY
OUTSIDE CITY 412-544-1065
ATLANTIC BEACH FL 32233
13-00007609 HORACE MANN PROPERTY & CASUALT 10/02/12 NEW INSURANCE COMPANY
OUTSIDE CITY 217-788-5376
ATLANTIC BEACH FL 32233
13-00007604 IFISHJAX 10/02/12 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
536 BEACH AVE 253-548-6144
ATLANTIC BEACH FL 32233
•
AGENDA ITEM#4A
NOVEMBER 13,2012
•
PREPARED 11/05/12, 8:41:48 LICENSE ,ACTIVITY REPORT BY BUSINESS NAME
City of Atlantic Beach NEW LICENSES FOR YEAR 2013 BETWEEN: 10/01/12 TO 10/31/12
PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES
•
LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION
BUSINESS ADDRESS' BUS PHONE #
13-00007631 INTRACOASTAL ENVIRONMENTAL, LL 10/30/12 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
1575 MAIN ST 904-249-8004
•
ATLANTIC BEACH FL 32233
13-00007603 JARED PATTERSON PILATES 10/02/12 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
1640 SEA OATS DR 904-404-6552
ATLANTIC BEACH FL 32233
13-00007628 KAI FITNESS 10/25/12 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
51 PINE ST 1 & 2 904-859-2010
ATLANTIC BEACH FL 32233
13-00007610 MILLERWALLACE LLC 10/02/12 NEW INTERNET SALES
1230 OCEAN BLVD 904-249-8513
ATLANTIC BEACH FL 32233 •
13-00007624 NATIONAL BENEFIT LIFE INS CO 10/04/1? NEW INSURANCE COMPANY
OUTSIDE CITY 770-564-6826
ATLANTIC BEACH FL 32233
13-00007602 OHIO INDEMNITY COMPANY 10/02/12 NEW INSURANCE COMPANY
OUTSIDE CITY 937-220-2012
ATLANTIC BEACH FL 32233
' 13-00007626 SHOWCASE BY SALENA 10/11/12 NEW MISCELLANEOUS SALES, OTHER THAN LIST
535 ATLANTIC BLVD 904-631-6708
ATLANTIC BEACH FL 32233
•
13-00007616 SURFSIDE CHIROPRACTIC OF JACKS 10/25/12 NEW MISC. PROFESSIONAL ESTABLISHMENT
469 ATLANTIC BLVD 904-241-8302
ATLANTIC BEACH FL 32233
13-00007617 SURFSIDE CHIROPRACTIC OF JACKS 10/25/12 NEW CHIROPRACTOR
469 ATLANTIC BLVD 904-241-8302
ATLANTIC BEACH FL 32233
13-00007627 TOTAL VENT PROS 10/25/12 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS
• 501 LEVY RD
ATLANTIC BEACH FL 32233
13-00007623 WASHINGTON NATIONAL INSURANCE 10/04/12 NEW INSURANCE COMPANY '
• OUTSIDE CITY 317-817-6870
ATLANTIC BEACH FL 32233
•
GRAND TOTALS
NEW LICENSES
AC: 23
PP: 2
IN: 0
VO: 0
PG: 0
BR: 0
OB: 0
•
UC: 0
LIC: 25
AGENDA ITCH#7!1
NOVEMBER 13,2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public Hearing and Second and Final Reading of proposed Ordinance No, 90-
12-215 to amend Section 24-51 of the Land Development Regulations, to
provide for public notice requirements for City Commission and Community
Development Board public hearings.
SUBMITTED BY: Michael Griffin, CBO, CI'M, Building and Zoning Director /lit,
Erika Hall, Principal Planner .
DATE: October 30, 2012
BACKGROUND: On October 22, 2012, the City Commission heard on First Reading and Public
Hearing Ordinance No. 90-12-215, and approved with the following change: The surrounding
property owner notice is reduced to those properties within three hundred (300) feet of the subject
property. Additionally, the Commission requested that fees be sufficient to cover costs for processing
applications. Attached calculations demonstrate the estimated average cost for processing an
application requiring a single meeting is $177.74, and $337.94 for an application requiring two
meetings. Therefore application fees of $250.00 and $350.00, for variance and use-by-exception
applications, respectively, should be sufficient. Please note that staff time spent consulting with
applicant, reviewing applications and preparing for public hearings is not included in the cost
calculations.
The Commission may wish to consider reducing the number of hearings required for use-by-
exception applications, which are currently heard first by the Community Development Board for
recommendation, and then by the Commission for final approval. The addition of published and
mailed notification fourteen (14) days in advance of each hearing both pushes back the original
submittal deadline in order to be scheduled for the Community Development Board agenda, and
pushes forward the first available Commission agenda on which an request can be scheduled.
The use-by-exception is a seven (7) week process, though it could take longer during those months
with five Mondays or if notice requirements are not met in a timely manner. However, elimination of
a second public hearing could cut the processing time to just over three(3)weeks.
RECOMMENDATION: Motion to approve on Second and Final Reading of Ordinance 90-12-
215.
ATTACHMENTS Proposed Ordinance No. 90-12-215
Estimated Costs for Public Notices
BUDGET: Fee schedule (Section 24-69) is adjusted for application processing
costs, including new notification requirements.
REVIEWED BY CITY M ER:
:
November 13, 2012 regular meeting
AGENDA ITEM#7A
NOVEMBER 13,2012
ORDINANCE NO. 90-12-215
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS,
ARTICLE III, ZONING REGULATIONS, SEC. 24-51, NOTICE OF PUBLIC
HEARINGS, AND SEC. 24-69, FEES, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Sec. 24-51 and Sec. 24-69 of the Code of Ordinances of the City of Atlantic
Beach,Florida, are hereby amended to read as follows:
"SECTION 24-51. NOTICE OF PUBLIC HEARINGS
In addition the applicable requirements of Section 166.041, Florida Statutes, related to the
fiNotice of all public hearings . -- .-- - - - • - • . - - . •- , • - • - - --
-- - . - . . -- -- - . •- , -- - . ' - - .• ---- • required under these land
development regulations shall be met, provided The following shall be considered as minimum
notice requirements: by the city manager or designee in accordance with the following
provisions:
(a) Mailed notice. Amendments to the text of the adopted comprehensive plan, future land
use map series, or site-specific comprehensive plan amendments:
(1) Public hearings. The local planning agency and the local governing body each
shall hold at least one (1) public hearing on a proposed amendment to the text of the
adopted comprehensive plan, the future land use map series, or a site-specific
comprehensive plan amendment, prior to transmittal of the proposed amendment to the
state planning agency pursuant to Florida Statutes, §163.3184. Upon receipt of written
comments from the state planning agency, the local governing body shall hold at least
one (1) additional public hearing to adopt the proposed amendment, adopt the
amendment with changes, or not adopt the amendment.
Both the local planning agency and the local governing body public hearing held at the
transmittal stage shall be held on a weekday at least ten(10) days after notice is published
pursuant to the requirements specified in subsection(a)(2) below, and the local governing
body public hearing held at the adoption stage shall be held on a weekday at least ten(10)
days after the second notice is published pursuant to the requirements specified in
subsection(a)(2) below.
(2) Notice. Not less than fifteen (15) days prior to the public hearing at which an
party other than the City of Atlantic Beach, the owners within three hundred (300) feet of
AGENDA ITEM#7A
NOVEMBER 13,2012
all boundaries of the property sought to be rezoned shall be notified in writing. For the
purpose of mailed notices to adjoining owners, the names, addresses, and legal
descriptions shall be provided by the applicant and shall be those listed on the most
- -- - . : ! . . .. - All notices regarding the amendment process,
including public hearings, for comprehensive plans shall be as required by Florida
Statutes, §163.3184 and §166.041, unless otherwise specified.
a. Published notice. At least ten (10) calendar days prior to each public
hearing held by either the local planning agency or the local governing body, the
city manager or designee shall have published an advertisement giving notice of
the public hearing.
The required published notice shall be no less than one-quarter (1/4) page in a
standard size or a tabloid size newspaper, and the headline of the notice shall be in
a type no smaller than eighteen (18) point. The notice shall not be placed in that
portion of the newspaper where legal notices and classified advertisements
appear. The notice shall be published in a newspaper of general paid circulation
in the city and of general interest and readership in the community, not one of
limited subject matter, pursuant to Florida Statutes, Chapter 50. Whenever
possible, the notice shall appear in a newspaper that is published at least five (5)
working days a week, unless the only newspaper in the city is published less
frequently. The notice shall be in substantially the following form:
NOTICE OF CHANGE OF LAND USE
The City of Atlantic Beach proposes to change the use of land within
the area shown in the map in this notice.
A public hearing on the proposal will be held on (date and time) at
(place).
The notice shall also contain a geographic location map which clearly indicates
the area covered by the proposal. The map shall include major street names as a
means of identification of the area. The notice shall also state the places within
the boundary of the City of Atlantic Beach where the proposed amendment may
be inspected by the public. The notice shall also advise that interested parties
may appear at the meeting and be heard regarding the transmittal or adoption of
the amendment.
b. Mailed notice. At least thirty (30) calendar days prior to each public
hearing, the city manager or designee shall provide notice by mail of each public
hearing to each real property owner whose land is subject to the amendment, and
to all owners of real property within three hundred (300) feet of the periphery of
the subject property, whose names and addresses are known by reference to the
2
AGENDA ITEM#7A
NOVEMBER 13,2012
latest ad valorem tax records published by the county property appraiser. The
notice shall state the substance of the proposed amendment as it affects that
property owner and shall set a time and place for one or more public hearings on
such amendment. A copy of the notice shall be kept available for public
inspection during the regular business hours of the office of the clerk of the
governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each public
hearing, a sign identifying the request, including date, time and location of the
public hearing, shall be posted on the subject parcel. Such sign shall be erected in
full view of the public street. Where the property subject to the request does not
have frontage on a public street, a sign shall be erected at the nearest public right-
of-way with an attached notation indicating the general direction and distance to
the land subject to the application. Sign(s) shall be removed after a decision is
rendered on the application. The failure of any such posted notice sign to remain
in place after the notice has been posted shall not be deemed a failure to comply
with this requirement, nor shall it be grounds to challenge the validity of any
decision made by the local planning agency or the local governing body.
_(1)
(b) Published notice. Amendments to the text of the land development regulations including
revisions to the list of permitted, conditional or prohibited uses within a zoning category or the
official zoning map.
(1) Public hearings. The local planning agency shall hold one (1) public hearing and
the local governing body shall hold two (2) public hearings on a proposed amendment
that changes the official zoning map, or that changes the text of the land development
regulations, including revision to the list of permitted, conditional or prohibited uses
within a zoning category.
The second public hearing before the local governing body shall be held approximately
two (2) weeks after the first public hearing. The day, time, and place at which the second
hearing before the local governing body will be held shall be announced at the first public
hearing. The public hearings shall be held after 5:00 p.m. on a weekday.
(2) - • --- .. - -
of general circulation.Notice. All notices regarding the amendment process, including
public hearings for the official zonin. ma• or the text of the land development
regulations, including revision to the list of permitted, conditional, or prohibited uses
3
AGENDA ITEM#7A
NOVEMBER 13,2012
within a zoning category, shall be in accordance with Florida Statutes, §166.041, unless
otherwise specified.
a. Published notice. At least ten (10) calendar days prior to each public
hearing held by either the local planning agency or the local governing body, the
city manager or designee shall have published an advertisement giving notice of
the public hearing.
The required published notice shall be no less than two (2) columns wide by ten
(10) inches long in a standard size or a tabloid size newspaper, and the headline of
the notice shall be in a type no smaller than eighteen (18) point. The notice shall
not be placed in that portion of the newspaper where legal notices and classified
advertisements appear. The notice shall be published in a newspaper of general
paid circulation in the city and of general interest and readership in the
community, not one of limited subject matter. The notice shall state the date,
time, place of the public hearing, the subject of the meeting, and the place or
places within the boundaries of the city where the proposed amendment may be
inspected by the public. The notice shall also advise that interested parties may
appear at the meeting and be heard regarding the amendment.
1. Published notices for amendments to the official zoning map shall
be in substantially the following form:
NOTICE OF ZONING CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No.
rezoning (changing the permitted use of) the land within the area
shown in the map of this advertisement.
A public hearing on the rezoning will be held on (date and time) at
(meeting place).
The notice shall also contain a geographic location map which clearly indicates
the area covered by the proposed ordinance. The map shall include major street
names as a means of identification of the area.
2. Published notices for amendments to the text of the land
development regulations that change the actual list of permitted,
conditional, or prohibited uses within a zoning category shall be in
substantially the following form:
4
AGENDA ITEM#7A
NOVEMBER 13,2012
NOTICE OF ZONING CODE (LAND DEVELOPMENT
REGULATIONS) TEXT CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No.
amending the text of the zoning code (land development
regulations). The amendment will affect the land located within the
area shown in the map of this advertisement.
A public hearing on the proposed text change will be held on (date
and time) at (meeting place).
The notice shall also contain a geographic location map which clearly indicates
the area covered by the proposed ordinance. The map shall include major street
names as a means of identification of the area.
3. Published notices for amendments to the text of the land
development regulations that do not change the actual list of permitted,
conditional, or prohibited uses within a zoning category shall be
advertised as follows. At least ten (10) calendar days but not more than
thirty (30) calendar days in advance of each public hearing, the city
manager or designee shall have published a notice of such hearing in a
newspaper of general circulation in the city. The notice of public hearing
shall state the date, time and place of the meeting, the application number
or the title of the proposed ordinance, and the place or places where such
application or proposed ordinance may be inspected by the public. The
notice shall also advise that interested parties may appear at the public
hearing and be heard with respect to the application or proposed
ordinance.
b. Mailed notice. At least thirty (30) calendar days prior to each public
hearing, the city manager or designee shall provide notice by mail of each public
hearing to each real property owner whose land is subject to the amendment, and
to all owners of real property within three hundred (300) feet of the periphery of
the subject property, whose names and addresses are known by reference to the
latest ad valorem tax records published by the county property appraiser. The
notice shall state the substance of the application or proposed ordinance as it
affects that property owner and shall set a time and place for one or more public
hearings on such ordinance. A copy of the notice shall be kept available for
public inspection during the regular business hours of the office of the clerk of the
governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each public
hearing, a sign identifying the request, including date, time and location of the
5
AGENDA ITEM#7A
NOVEMBER 13,2012
public hearing, shall be posted on the subject parcel. Such sign shall be erected in
full view of the public street on each street side of the land subject to the
application. Where the property subject to the request does not have frontage on a
public street, a sign shall be erected at the nearest public right-of-way with an
attached notation indicating the general direction and distance to the land subject
to the application. Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in place after the
notice has been posted shall not be deemed a failure to comply with this
requirement, nor shall it be grounds to challenge the validity of any decision made
by the local planning agency or the local governing body.
(2)
(c) Sign-t-e-be-postedRequest for variance from or waiver of land development regulations.
(1) Public hearings. Not less than seven(7) days prior to the public hearing at
which final action on any application for a variance, use by exception, or change in
zoning district classification or other action requiring notice to the general public, a sign
identifying the application, including date, time and location of the public hearing shall
be posted on the subject parcel. Such sign shall be erected in full view of the public
street. Where the property that is subject of the application does not have frontage on a
-.. . -- , -- • - - - -- • - -. - ' • - . The local
planning agency shall hold one (1) public hearing on applications for variances from land
development regulations, and the local governing body shall hold one (1) public hearing
on applications for waivers of land development regulations.
(2) Notice.
a. Published notice. At least ten (10) calendar days prior to each public
hearing, the city manager or designee shall have published an advertisement
giving notice of the public hearing in a newspaper of general circulation in the
City of Atlantic Beach. The notice of the public hearing shall state the date, time
and place of the public hearing, and the place where such application may be
inspected by the public. The notice shall also advise that interested parties may
appear at the public hearing and be heard with respect to the application.
b. Mailed notice. At least fourteen (14) calendar days prior to each public
hearing, the city manager or designee shall provide notice by mail of the public
hearing to all property owners within three hundred (300) feet of the subject
property, whose names and addresses are known by reference to the latest ad
valorem tax records published by the county property appraiser. The notice shall
state the substance of the application and shall set a time and place for the public
6
AGENDA ITEM#7A
NOVEMBER 13,2012
hearing. A copy of the notice shall be kept available for public inspection during
the regular business hours of the office of the clerk of the governing body.
a.c. Posted notice. At least fourteen (14) calendar days prior to each public
hearing, a sign identifying the request, including date, time and location of the
public hearing, shall be posted on the subject parcel. Such sign shall be erected in
full view of the public street on each street side of the land subject to the
application. Where the property subject to the request does not have frontage on a
public street, a sign shall be erected at the nearest public right-of-way with an
attached notation indicating the general direction and distance to the land subject
to the application. Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in place after the
notice has been posted shall not be deemed a failure to comply with this
requirement, nor shall it be grounds to challenge the validity of any decision made
by the local planning agency or the local governing body.
(d) Comprehensive plan amendmentsRequest for use-by-exception. Notice of public
with Section 163.3184(15), Florida Statutes.
(1) Public hearings. The local planning agency and the local governing body shall
each hold one (1)public hearing on use-by-exception applications.
(2) Notice.
a. Published notice. At least ten (10) calendar days prior to each public
hearing, the city manager or designee shall have published an advertisement
giving notice of the public hearing in a newspaper of general circulation in the
City of Atlantic Beach. The notice of the public hearing shall state the date, time
and place of the public hearing, and the place where such application may be
inspected by the public. The notice shall also advise that interested parties may
appear at the public hearing and be heard with respect to the application.
b. Mailed notice. At least fourteen (14) calendar days prior to each public
hearing, the city manager or designee shall provide notice by mail of the public
hearing to all property owners within three hundred (300) feet of the subject
property, whose names and addresses are known by reference to the latest ad
valorem tax records published by the county property appraiser. The notice shall
state the substance of the application and shall set a time and place for the public
hearing. A copy of the notice shall be kept available for public inspection during
the regular business hours of the office of the clerk of the governing body.
7
AGENDA ITEM#7A
NOVEMBER 13,2012
b.c. Posted notice. At least fourteen (14) days prior to each public hearing, a
sign identifying the request, including date, time and location of the public
hearing, shall be posted on the subject parcel. Such sign shall be erected in full
view of the public street on each street side of the land subject to the application.
Where the property subject to the request does not have frontage on a public
street, a sign shall be erected at the nearest public right-of-way with an attached
notation indicating the general direction and distance to the land subject to the
application. Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in place after the
notice has been posted shall not be deemed a failure to comply with this
requirement, nor shall it be grounds to challenge the validity of any decision made
by the local planning agency or the local governing body.
(e) Contest. If no aggrieved party contests the issue of proper notice within thirty (30) days
of the city commission rendering its decision, then notice shall be deemed to be in compliance
with this section.
(b) For applications and requests made to the Community Development Board or the City
Commission, which arc not specifically addressed in this section, but where in the determination
of the city manager, the subject at issue is of legitimate public concern, reasonable notice to the
public shall be provided in the form as determined appropriate by the city manager.
SECTION 24-69. FEES
Pursuant to subsection 24-46(e), the City Commission for the City of Atlantic Beach hereby
establishes the following fees related to the administrative costs of carrying out the requirements
of this chapter and also to cover the costs for planning, zoning, engineering, utility, and specific
use reviews. These fees shall be payable to the city at the time such application or request is
filed. Applications for planning and zoning related requests shall not be considered as complete
applications until such time as required fees have been paid in full. Fees for specific use verified
complaint-based and permit reinstatement reviews must be paid prior to scheduling of
subsequent compliance inspections. Fees as required by this section are not refundable.
(a) Planning and zoning fees.
(1) Appeals $ 50.00
(2) Determination of vested rights $ 50.00
(3) Change in zoning district classification $500.00
(4) Use-by-exception $20350.00
(5) Zoning variance or waiver $150250.00
(6) Development review
8
AGENDA ITEM#7A
NOVEMBER 13,2012
a. Single- and two family uses $ 50.00
b. Multi-family uses,per dwelling $100.00
c. Commercial and industrial uses $300.00
d. Public and institutional uses $300.00
e. Landscape plan $100.00
(7) Subdivision
a. Application for waiver $250.00
b. Application for re-plat $250.00
c. Preliminary plat review $250.00
d. Final plat review(plus recording fees) $100.00
(8) Comprehensive plan amendment
a. Less than ten(10) acres $250.00
b. Greater than ten (10) acres $250.00
(9) Land development regulations $ 15.00
(10) Comprehensive plan document $ 15.00
(11) Zoning and comprehensive plan maps $ 5.00"
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of
2012.
PASSED by the City Commission on second and final reading this day of
, 2012.
ATTEST:
DONNA BARTLE, CMC LOUIS BORNO, JR.
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN,ESQUIRE
City Attorney
9
AGENDA ITEM#7A
NOVEMBER 13,2012
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AGENDA ITEM#7B
NOVEMBER 13,2012
ORDINANCE NO. 5-12-57
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES,
ADMINISTRATION, ARTICLE H, CITY COMMISSION, SEC. 2-19,
RULES OF CONDUCT AND PROCEDURE AT MEETINGS, ADDING A
NEW RULE 28, BANNING TEXTING AND USE OF CELL PHONES AT
CITY COMMISSION MEETINGS, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new rule in Sec. 2-19, to be numbered Rule 28, which rule shall read as
follows:
(28) Rule 28. City commissioners shall be prohibited from accepting or
sending any electronic communications via cell phone or other device during the
course of a city commission meeting. Electronic communications include, but are
not limited to, emails, Blackberry PINS, SMS communications (text messaging),
MMS communications (multimedia content), and instant messaging. City
commissioners shall have cell phones turned off during city commission meetings.
-OR-
City
commissioners may have cell phones turned on during city commission meetings,to
be used only in the event of an emergency.
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of
2012.
PASSED by the City Commission on second and final reading this day of
, 2012.
ATTEST:
DONNA BARTLE,CMC LOUIS BORNO, JR.
City Clerk Mayor,Presiding Officer
Approved as to form and correctness:
ALAN C.JENSEN,ESQUIRE
City Attorney
AGENDA ITEM#t 7C
NOVEMBER 13,2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO. 20-1.2-118: 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, AND PROVIDING
AN EFFECTIVE DATE.
DATE: October 3 ., 2012
SUBMITTED BY: Nelson Van Liere, Finance Director
BACKGROUND; At the close of each year, the City must adjust the budget for those items that
exceed estimates so that we are within budget for all departments and funds.
We have 60 days to amend our budget from the end of the year. This year,
the only General Fund Department exceeding its budget is the Legal budget.
This is due to attorney's fees related to the ongoing moon negotiations.
The other items to be addressed are related to pensions. In both the General
Pension Plan and the Police Pension Plan, the benefits paid out exceeded the
budget. These budgets are to be amended for the amounts needed. Also
shown are the excess investment earnings being used to off-set those added
expenses.
BUDGET: As detailed in the ordinance.
ATTACHMENTS: ORDINANCE NO, 20-12-118
RECOMMENDATION: Approve Ordinance No. 20-12-118
CITY MANAGER APPROVAL •
AGENDA ITEM#7C
NOVEMBER 13,2012
ORDINANCE NO. 20-12-118
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,
AND PROVIDING AN EFFECTIVE DATE.
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 is amending the previous year's Operating Budget to reflect the
final results of operations for the fiscal year ended September 30, 2012, and
WHEREAS, cities are allowed to take up to 60 days from year end to adjust their
budgets for items that are related to the previous year's budget. This adjustment only addresses
one item in the General Fund. The legal budget was exceeded due to attorney's fees associated
with unanticipated union negotiations towards the end of the year.
The Police and General Pension Trust Funds are also amended to fund the benefits paid
that exceeded the estimates for the year. These costs are more than off-set by additional
revenues and were associated with more than anticipated employees deciding to retire or drop.
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:
GENERAL FUND
Expenses:
Governing Body
Legal Counsel
Contract Services $13,451
City Administration
City Manager
Salary <13,451>
Fund Balance $0
POLICE PENSION TRUST FUND
Revenues:
Investment Earnings $236,000
AGENDA ITEM#7C
NOVEMBER 13,2012
Expenses:
Benefits Paid 82,000
Fund Balance $154,000
GENERAL PENSION TRUST FUND
Revenues:
Investment Earnings $700,000
Expenses:
Benefits Paid 18,500
Fund Balance $681,500
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of November 2012.
Passed by the City Commission on second and final reading this day of November 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#7D/8E
NOVEMBER 13,2012
ORDINANCE NO. 20-12-119
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013,
AND PROVIDING AN EFFECTIVE DATE.
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 is amending the current year's Operating Budget to create a budget
for the purpose of purchasing and conserving land with donated funds restricted for that purpose.
The land to be purchased is a vacant parcel located on Dutton Island Drive and is part of the
marshlands on the western boundary of Atlantic Beach.
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 2012/2013 Budget to be amended as follows:
GENERAL FUND
Revenues:
Donations $225,423
Expenses:
General Government
Non Departmental
Land $225,423
Fund Balance $0
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of November 2012.
Passed by the City Commission on second and final reading this day of November 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
NOVEMBER 13,20I2
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Sewer Rehabilitation for FY13
cC.:/SUBMITTED BY: Donna Kaluzniak, Utility Direct
DATE: October 30, 2012
BACKGROUND: The City's 2006 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, LLC 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 FY13 will include:
• Continuation of cured-in-place pipe and manhole lining in sewer mini-system B,the
eastern side of the City north of 10th St. (Most of the work in FY13 will be on Beach
Ave., Ocean Blvd. and East Coast Blvd. from 10th St.to 14th St.).
• Point repairs that may be needed in order to complete cured-in-place piping.
Using the JEA contract unit prices for Insituform,the cost for cured-in-place pipe rehabilitation
for the project is approximately$162,824.
Using the JEA contract unit prices for Concrete Conservation, manhole rehabilitation is $156 per
vertical foot. For approximately 14 manholes,the cost for manhole rehabilitation is $10,920.
An estimated figure for point repairs is included,using the City's annual Utility Contractor in an
amount of$8,000.
Staff would like to reserve an approximate 10% contingency of$18,175 to be used for any
necessary point repairs discovered, or additional cured-in-place pipe or manhole rehabilitation.
Total project cost is $199,919.
BUDGET: A total of$200,000 is budgeted for sewer rehabilitation in the Sewer Fund under
account number 410-5506-535-6300.
1
AGENDA ITEM#8A
NOVEMBER 13,2012
RECOMMENDATION: Authorize Insituform Technologies, LLC to install cured-in-place
pipe (CIPP)for the FY13 Sewer Rehabilitation Project in the amount of$162,824, using
specifications and pricing in JEA Contract No. 116616. Authorize Concrete Conservation, Inc. to
provide manhole rehabilitation for the project in the amount of$10,920 using specifications and
pricing in JEA Contract No. 113044. Authorized Gruhn May, Inc. to perform point repairs
estimated at $8,000 using prices in Bid No. 1011-02. Authorize a contingency of$18,175 to be
used for any of the three contracts as needed. Authorize the City Manager to sign the contracts
with Insituform Technologies, LLC and Concrete Conservation, Inc.
ATTACHMENTS: 1. Cost Estimate for project using JEA's Insituform and CCI contract
pricing.
2. Concrete Conservation, Inc. contract.
3. Insituform Technologies, LLC contract.
REVIEWED BY CITY MANAGE ► •_
2
AGENDA 1"I'IE:M/l 8A
NOVEMBER 13,2012
TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT -
2007
Job Description $ 199,918.20
Spec SC Est. Units Description Unit Prices Total
No. No. Qty. Atlantic Beach Price
Cured-Tn Place `ipe
Furnish and install 8"CIPP lining, 6.0 mm
961.1 4,241 LF thick $ 27.25 $ 115,567.25
Furnish and install 10" CIPP lining 6.0 mm
961.1 701 LF thick $ 29,65 $ 20,784.65
Reconnect existing services using robotic
963.4 90 EA internal cutter $ 250.00 $ 22,500.00
7.3.16 - Percent General Conditions 2.50% $ 3,971.30
Manhole Coating
446-2 70 VF Spectrashield coating of existing manholes $ 156.00 $ 10,920.00
Point Repairs
Estimated, will be time and materials as bid in
1 LS annual Utility Contractor contract $ 8,000.00 $ 8,000.00
Contingency
1 LS 10% Contin•enc $ 18,175.00 $ 18,175.00
'ESTIMATED TOTAL COST: $ 199,918.20
10131/2012 page 1 of 1
AGENDA ITEM#8A
NOVEMBER 13,20I2
AGREEMENT
UTILIZING JEA CONTRACT#116616
BETWEEN THE
CITY OF ATLANTIC BEACH
AND
INSITUFORM TECHNOLOGIES, LLC
FOR FY13 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, LLC, a Delaware limited liability company
authorized to do business in Florida with principal office at 17988 Edison Avenue,
Chesterfield, MO 63005 (hereinafter referred to as the Contractor), for the FY13 Gravity
Sewer Rehabilitation Project(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
AGENDA ITEM! 8A
NOVEMBER 13,2012
or policy; now therefore
IN CONSIDERATION of the premises and of the mutual covenants and
agreements hereinafter contained, and for other good and valuable consideration the
parties agree as follows:
ARTICLE I: Incorporation of Recitals:
The above stated recitals are true and correct and, by this reference, are made a
part hereof and are incorporated herein.
ARTICLE 2: Engagement of Contractor:
CITY hereby engages Contractor and Contractor hereby accepts said engagement
for the purpose of constructing Cured-in-Place Pipe for the FY13 Gravity Sewer
Rehabilitation Project, as described in and according to the provisions of: the JEA
Contract and its exhibits, equipment descriptions and quotations made thereunder
(hereinafter referred to as the Work), and, by this reference, made a part hereof and are
incorporated herein; and in accordance with the other provisions, required by law,
ordinance or policy for the CITY, contained in this Agreement. With respect to the
Project, the provisions, terms and condition of the SEA Contract shall apply unless
specifically preempted herein. Therefore, any conflict between the provisions of this
Agreement and those in the JEA Contract shall be resolved in favor of this Agreement,
but only to the extent of any conflict.
ARTICLE 3: Coordination and Services Provided by CITY:
CITY shall designate a Project Manager who will, on behalf of the CITY,
coordinate with Contractor and administer this Agreement according to the terms and
conditions contained herein and in the Exhibit(s) attached hereto and made a part hereof.
It shall be the responsibility of Manager to coordinate all Project related activities with
the designated Project Manager. The CITY's Project Manager shall be: Tim Townsend,
Special Projects Manager (Telephone: 904-247-5839; FAX: 904-242-3475; E-mail:
Itownsend'uncoah.u:) or other designee as directed by the Utility Director.
ARTICLE 4: Duration of Agreement/Pricing Available to Other Entities:
The term of this Agreement shall commence on the Effective Date and shall
AGENDA ITEM#8A
NOVEMBER 13.2012
continue and remain in full force and effect as to all its terms, conditions and provisions
as set forth herein, through a period of time which is the earlier of the Contractor's
delivery and City's acceptance of the Project within the time period set forth in any
purchase order or twelve (12) months from the Effective Date.
ARTICLE 5: Payments for Services of Contractor:
5.1. Except as provided in Section 5.2 hereof, the CITY will compensate
Contractor for the Project in accordance with purchase orders issued and used by the City
of Atlantic Beach Purchasing Department; provided however, payment invoices shall be
sent to the authorized City representative as specified in said purchase order or other
subsequent written instrument signed by the City's Project Manager.
5.2. Notwithstanding any contrary provision, the maximum indebtedness of the
CITY for all fees, reimbursable items or other costs, to the Contractor for the Project,
pursuant to this Agreement, shall not exceed the amount of One Hundred Sixty Two
Thousand, Eight Hundred Twenty Four Dollars ($162,824) unless approved in writing by
amendment to the Purchase Order.
ARTICLE 6: Notice:
Any and all required notice to the CITY under this Agreement shall be delivered
by certified mail, return receipt requested, or by other delivery with receipt to the
following:
Donna Kaluzniak
Utility Director
1200 Sandpiper Lane
Atlantic Beach, FL 32233
tl}.aluz.nityh( u,coab.us
ARTICLE 7: Laws, Ordinances, Rules and Regulations:
In the construction of the Project, the Contractor must comply with any and all
applicable federal, state and local laws, rules, regulations and ordinances, as the same
exist and may be amended from time to time. Such laws, rules, regulations and
—3—
AGENDA ITEM#8A
NOVEMBER 13,2012
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#8A
NOVEMBER 13,2012
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST: CITY OF ATLANTIC BEACH:
By By
Type/Print Name Type/Print Name
Jim Hanson
Title Title: City Manager
ATTEST: INSITUFORM TECHNOLOGIES, LLC
By
Signature ignature Signature
Diane Partridge H. Douglas Thomas
Contracting and Attesting Officer VP-Global Procurement/Operations Support
—5—
AGENDA ITEM#8A
NOVEMBER 13,2012
AGREEMENT
UTILIZING JEA CONTRACT#113044
BETWEEN THE
CITY OF ATLANTIC BEACH
AND
CONCRETE CONSERVATION, INC.
FOR FY13 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 FY13 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
AGENDA ITEM# SA
NOVEMBER!3,2012
or policy;now therefore
IN CONSIDERATION of the premises and of the mutual covenants and
agreements hereinafter contained, and for other good and valuable consideration the
parties agree as follows:
ARTICLE 1: Incorporation of Recitals:
The above stated recitals are true and correct and, by this reference, are made a
part hereof and are incorporated herein.
ARTICLE 2: Engagement of Contractor:
CITY hereby engages Contractor and Contractor hereby accepts said engagement
for the purpose of constructing Manhole Rehabilitation for the FYI3 Gravity Sewer
Rehabilitation Project, as described in and according to the provisions of: the JEA
Contract and its exhibits, equipment descriptions and quotations made thereunder
(hereinafter referred to as the Work), and, by this reference, made a part hereof and are
incorporated herein; and in accordance with the other provisions, required by law,
ordinance or policy for the CITY, contained in this Agreement. With respect to the
Project, the provisions, terms and condition of the JEA Contract shall apply unless
specifically preempted herein. Therefore, any conflict between the provisions of this
Agreement and those in the JEA Contract shall be resolved in favor of this Agreement,
but only to the extent of any conflict.
ARTICLE 3: Coordination and Services Provided by CITY:
CITY shall designate a Project Manager who will, on behalf of the CITY,
coordinate with Contractor and administer this Agreement according to the terms and
conditions contained herein and in the Exhibit(s) attached hereto and made a part hereof.
It shall be the responsibility of Manager to coordinate all Project related activities with
the designated Project Manager. The CITY's Project Manager shall be: Tim Townsend,
Special Projects Manager (Telephone: 904-247-5839; FAX: 904-242-3475; E-mail:
Itownscnd c coah.US) or other designee as directed by the Utility Director.
ARTICLE 4: Duration of Agreement/Pricing Available to Other Entities:
The term of this Agreement shall commence on the Effective Date and shall
AGENDA ITEM#8A
NOVEMBER 13,2012
continue and remain in full force and effect as to all its terms, conditions and provisions
as set forth herein, through a period of time which is the earlier of the Contractor's
delivery and City's acceptance of the Project within the time period set forth in any
purchase order or twelve (12) months from the Effective Date.
ARTICLE 5: Payments for Services of Contractor:
5.1. Except as provided in Section 5.2 hereof, the CITY will compensate
Contractor for the Project in accordance with purchase orders issued and used by the City
of Atlantic Beach Purchasing Department; provided however, payment invoices shall be
sent to the authorized City representative as specified in said purchase order or other
subsequent written instrument signed by the City's Project Manager.
5.2. Notwithstanding any contrary provision, the maximum indebtedness of the
CITY for all fees, reimbursable items or other costs, to the Contractor for the Project,
pursuant to this Agreement, shall not exceed the amount of TenThousand, Nine Hundred
Twenty Dollars ($10,920) unless approved in writing by amendment to the Purchase
Order.
ARTICLE 6: Notice:
In addition any and all required notice to the CITY under this Agreement shall be
delivered by certified mail, return receipt requested, or by other delivery with receipt to
the following:
Donna Kaluzniak
Utility Director
1200 Sandpiper Lane
Atlantic Beach, FL 32233
tiktiluuznizik+ciJcoab.�1�;
ARTICLE 7: Laws, Ordinances, Rules and Regulations:
In the construction of the Project, the Contractor must comply with any and all
applicable federal, state and local laws, rules, regulations and ordinances, as the same
exist and may be amended from time to time. Such laws, rules, regulations and
—3-.
AGENDA ITEM#8A
NOVEMBER 13,2012
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#8A
NOVEMBER 13,2012
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST: CITY OF ATLANTIC BEACH:
By By
Type/Print Name Type/Print Name
Jim Hanson
Title Title: City Manager
ATTEST: CONCRETE CONSERVATION, INC.
By By
Signature Signature
Type/Print Name Type/Print Name
Title Title
—5—
AGENDA ITEM#8B
NOVEMBER 13,2012
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed policy on rebidding for service contracts and related
Commission approvals
SUBMITTED BY Jim Hanson, City Mana_s
DATE: October 25, 2012
BACKGROUND: A request was made at a recent commission meeting for the staff to propose a
policy that would require all service contracts to be presented for commission
approval at least two meetings before their effective date. Only service
contracts are at issue because contracts for individual engineering or
construction projects can usually be delayed without the interrupting ongoing
services. A second request was made at that meeting to propose a policy on
the dollar value of contracts brought for Commission review. Last, staff was
asked to look at the possibility of posting a schedule of City contracts online.
The City's past policy has been to bid most service contracts for one year
periods with options for two additional renewals at the same price if both the
City and the vendor are pleased with the contract. Some of the service
contracts are for considerably longer periods of time such as the sanitation
services that goes for seven years to allow for amortization of costs for trucks
and toters. The current threshold for bringing contracts to the Commission
for approval has been$25,000.
After discussion with staff,there are several points for the Commission to
consider;
- In most cases, it is reasonable to prepare and present contracts for initial
approval or renewal at least two meetings prior to their expiration date.
Staff simply needs to move their calendars ahead. Some concern was
expressed of"lame duck"performance in the final weeks if an existing
contractor were not being recommended for renewal. Adding two more
weeks of delay would simply add more time for questionable service.
However, this is not a major problem. A more important issue is that
some vendors may not be willing to provide pricing that far ahead of the
contract dates. Some insurance carriers are good examples.
- The cost to rebid the contracts in staff time was estimated to be
approximately$1,000 for most service contracts. This cost can grow to a
much higher number for complex contracts like sanitation services.
Preparing bids also costs our contractors money which is usually passed
along to their customers.
AGENDA ITEM#8B
NOVEMBER 13,2012
- The recent direction by the Commission to rebid virtually every contract
yearly rather than renew for additional periods as authorized in the bid
specifications has produced some cost savings for the City during the
recent recession. However, during normal times when there is positive
inflation, rebidding annually can increase the City's cost. One recent
example was the street sweeping contract which was rebid with renewal
for one additional year available. The City's annual cost increased by
$3,300 even though the vendor was willing to extend the contract before
it was rebid.
- There can be considerable disruption to the City services in changing
vendors. Janitorial services is a good example where all of the employees
need to have background checks, get familiar with the City facilities and
have security badges issued.
- Some contractors provide much better service than others. Some have
been with the City for long term and those relationships have been very
beneficial to the City. A couple of examples are the point repair and
major electric repair contractors. They have become familiar with our
electrical,water and sewer systems and provide high levels service, often
at night or on weekends. In other cases, the City is better off changing
contractors after the first year even though the service provided is not bad
enough to cancel the contracts before their initial expiration.
- In some cases there are very few vendors for any particular service.
Sometimes, we can only get one to bid. Rebidding yearly in these cases
does not make sense.
- The low bid for service does not always guarantee good service. Again,
the janitorial contract has been an example. We have had eight different
contractors over the last 12 years. When we do get a higher quality
contractor, we would prefer to stay with them more than one year.
Because there are so many different factors to consider,trying to write a
policy that covers all situations does not make sense. Relying on the best
judgment of the City's top staff,with commission approval for contracts over
$25,000, is the most reasonable solution.
BUDGET: As reported previously, each time the City rebids a contract, the cost for time
of various employees is approximately $1,000 for the simpler contracts.
RECOMMENDATION: There is a need to bid each service contract, or otherwise compare costs, on a
regular basis to ensure good value for the City,accountability and public
trust. The intervals for the contracts should depend upon the nature of the
service. A one year timeframe with renewal options for two additional years
is reasonable for most of the service contracts, however a longer term may be
AGENDA ITEM#8B
NOVEMBER 13,2012
advisable for services where City specific knowledge is of benefit. Specific
recommendations are as follows;
1) Direct the staff to prepare and present most contract approvals or
renewals at least two commission meetings before the contract
deadline with an understanding that this provision may not be
obtainable in certain instances.
2) As to the dollar value and frequency for commission approvals,there
are many factors to consider concerning extensions. These would
include performance of the contractor, administrative time and cost to
bid versus the size of the contract,the amount of competition
available, disruption in changing vendors and other factors. The
judgment of the top staff should be utilized as it has in the past to
determine which contracts for service should be extended rather than
rebid if they were within the three year period. A dollar value for
contract approvals by the Commission has been set at$25,000 for
some time and there does not appear to be any overwhelming reason
to change it at this time.
3) Concerning the possibility of listing all contracts online, the City
already has an extensive online service for prospective vendors and
staff answers questions from vendors on a daily basis on a wide
variety of subjects, including when contracts may be up for renewal.
The City's website includes a"Notify Me"option where prospective
vendors can sign up to receive an email whenever a bid is being
requested for a service for which they are interested. It is possible for
the City to prepare a database that can be put online listing all of our
current contracts and timeframes for bids. However, staff has pointed
out that this database would have to be updated on a very regular
(probably weekly)basis to keep it current. This would add a
significant additional responsibility at a time when the City, because
of budget constraints, has been eliminating staff to keep costs and tax
rates down. Consequently,it is the staffs recommendation to keep
the online services for prospective vendors as they have been in the
past.
AGENDA ITEM#8C
NOVEMBER 13,2012
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for Approval of Scope and Fee Proposal for Marsh
Preserves Kayak Launch, Fishing and Public Access
Improvements Design and Permitting
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: October 30, 2012
BACKGROUND: The City Commission previously approved the Marsh Master Plan
including the addition of a kayak/canoe launch at the North end of
Dutton Island and viewing/fishing piers at the entrance to Dutton
Island and at the west end of W. 6th Street. All of the proposed
additions will provide ADA access directly to the ICW and its
adjoining waterways. The City has an approved grant from Florida
Inland Navigation District(FIND)for 50% of the Design and
Permitting costs which will be reimbursed after a construction
contract is issued (Phase 2).
The very successful Marsh Master Plan study which
recommended these projects was completed by the Team of CPH
Engineers and HHI Design. Because the proposed fee is below
the CCNA threshold of$35,000, Staff determined it would be
beneficial to request a proposal for design /permitting services
from the CPH /HHI team because of their intimate knowledge of
the Master Plan. The attached proposal includes survey,
geotechnical, environmental and design /permitting services with
a timeline that will support the City's application for a FIND grant
for Phase 2 (Construction).
BUDGET: The current FY budget includes $34,000 for Design and Permitting
of Marsh Master Plan Projects in the Convention Development Tax
Fund (120-6040-572-6300).
RECOMMENDATION: Staff recommends approval of this Scope and Fee Proposal, and
authorization for the City Manager to sign a contract with CPH /
HHI for the proposed services in the amount of$34,000.
ATTACHMENTS: 1. Professional Engineering/Planning Services for Marsh
Preserves Kayak Launch, Fishing and Public Access
Improvements, Phase 1 (Scope & Fee Proposal)
REVIEWED BY CITY MANAGER:
AGENDA ITEM#8C
NOVEMBER 13,2012
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Professional Engineering/Planning Services
Marsh Preserves Kayak Launch, Fishing and
Public Access Improvements, Phase I
October 26, 2012
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In Association With:
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Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists TrafficlTransportation Construction Management
cph
AGENDA ITEM#8C
NOVEMBER 13,2012
Professional Engineering/Planning Services
Marsh Preserves Kayak Launch, Fishing and Public Access Improvements, Ph I
The City of Atlantic Beach seeks to engage CPH Engineers, Inc. in association with HHI Design
to support the City's efforts in developing the Marsh Preserves Kayak Launch, Fishing and
Public Access Improvements, Phase I, per the approved Atlantic Beach Marsh Preserves
Master Plan. Funding for this project is provided through a FIND grant (Project#DU-AB 12-120)
and the City of Atlantic Beach Fund and Bed Tax.
SCOPE OF WORK
1. Dutton Island Kayak Launch
CPH shall compare and evaluate whether an on-site constructed slip, using a product such
as Milliken concrete cloth, or a pre-fabricated kayak launch product is more suitable for the
Dutton Island north site, and make recommendations to the City. If the pre-fabricated
launch is selected, CPH will provide a site dimension and grading plan that locates the pre-
fabricated Kayak Launch pad on site. For either selection, CPH will require the contractor to
submit engineered shop drawings for construction installation. ADA trail access to the
Kayak Launch will be designed and detailed by CPH. Drawings will also include a tree
protection and removal plan. This plan will indicate the limits of clearing and/or pruning and
any proposed plantings.
2. Dutton Island Viewing and Fishing Platform
CPH shall prepare construction drawings for a viewing and fishing platform on the southwest
end of the existing bridge to Dutton Island. This design will also include ADA access to the
platform and an ADA parking space if required. The drawings will include site dimension
and grading plan, structural drawings and calculations, plans, elevations and details.
Drawings will also include a tree protection and removal plan. This plan will indicate limits of
clearing and/or pruning and any proposed plantings.
3. 6th Street Viewing and Fishing Platform
CPH shall prepare construction drawings for a viewing and fishing platform along the
existing 6th Street right of way. . This design will also include fencing to separate the right of
way from adjacent commercial / industrial area, ADA access to the platform and an ADA
parking space if required. The drawings will include site dimension and grading plan,
structural drawings and calculations, plans, elevations and details. Drawings will also
include a tree protection and removal plan. This plan will indicate limits of clearing and/or
pruning and any proposed plantings.
4. Geotechnical Testing
CPH will obtain through our sub-consultant, up to 4 borings to a maximum depth of 25' for
determining piling design criteria for the platforms and kayak launch.
5. Survey
A. Dutton Island Kayak Launch - Prepare a design topographic survey
a. to locate approximately 250 feet of existing trail and topo 15 foot right and left of
the located trail to the north end of the island.
b. for topo of an area approximately 70 foot x 70 foot that extends out into Pablo
Creek to get to deep water.
Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists Traffic/Transportation Construction Management e,
AGENDA ITEM#SC
NOVEMBER 13,2012
Professional Engineering/Planning Services
Marsh Preserves Kayak Launch, Fishing and Public Access Improvements, Ph I
B. Dutton Island Viewing and Fishing Platform - Prepare a topographic survey (vertical and
horizontal locations) over:
An area 50 feet in width (from the edge of pavement of the entrance road waterward)
and approximately 200 feet in length. Also we will locate— horizontal only -the existing
bridge piers as they abut the topo area. -Note area is for one side of the road/bridge
only to be determined by the engineer prior to field survey
C. 6th Street Viewing and Fishing Platform
a. Limited Boundary Survey — Prepare a limited boundary survey to establish the
existing 50 foot 6th Street right-of-way from Tulip Street westerly approximately
300 feet as shown on the plat for Section H Atlantic Beach as recorded in Plat
Book 18 Pg 34.
b. Topographic survey of the 6th Street right-of-way as defined above. Topographic
survey to include the location of above ground visible evidence of underground
features, inverts and pipe sizes on storm structures, location type and size of
trees on the site, and fence locations of the commercial properties adjoining the
site.
6. Environmental Services
A. Wetland Identification
a. Wetland Identification: The approximate wetland limits shall be identified in
accordance with methodologies outlined in the U.S. Army Corps of Engineers
(ACOE) Wetland Delineation Manual (1987), the 2008 Corps Interim Regional
Supplement to the Corps Wetland Delineation Manual: Atlantic & Gulf Coastal
Plain Region and the Florida Unified Wetland Delineation Methodology (Chapter
62-340, F.A.C.).
b. Survey Coordination: CPH shall coordinate with the project surveyor and/or
engineer to provide wetland identification information such as a map showing the
approximate location of the wetland line and identification of the OHWL, highest
high tide water and lowest low water lines for permitting purposes.
B. Permitting Graphics
a. Site Location Map—a street map locating the site
b. USGS Quadrangle Map - excerpt from map showing project boundary, section,
township and range of the project and the latitude and longitude coordinates of
the approximate center of the site
c. Soils Map — tabulation of descriptions of soil types shown on the soils map
excerpted from the County Soil Survey.
d. Preliminary Wetland Delineation — a print of the digital ortho-rectified color infra-
red aerial photograph: 1) property boundary; 2) estimated jurisdictional wetland
boundaries; 3) enumeration of each wetland;
e. Preliminary Vegetation & Land Use Map
f. Proposed Work graphics as required (estimate 4)
C. SJRWMD or FDEP Permitting
CPH shall prepare ecological elements of the Standard General Permit application.
Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists Traffic/Transportation Construction Management 1 h#
AGENDA ITEM#8C
NOVEMBER 13,2012
Professional Engineering/Planning Services
Marsh Preserves Kayak Launch, Fishing and Public Access Improvements, Ph I
a. Arrange for and conduct a field review of the estimated wetland limits with
agency representatives after permit application submittal.
b. Coordinate with the Project Engineer to produce Dredge & Fill permit sketches,
8.5" by 11.0" drawings that show wetland impacts, cross sections, and
development plan (assumes 5 sheets).
c. Coordinate with the Client and the Project Engineer as may be required in the
preparation of the ecological elements of the ERP Standard General Permit
application. CPH Environmental Services will prepare draft responses to
ecological questions in Sections C and E of the ERP application.
d. Unified Mitigation Assessment Methodology (UMAM): An analysis will be
prepared of pre- & post-development wetland impacts and mitigation value
following the UMAM as required.
e. It is assumed mitigation will not be required as the impacts are de minimus.
f. Archaeological and Historical Resources: Any necessary site specific cultural
resource assessments are not included.
g. Response to one (1) Request for Additional Information
D. U.S Army Corps of Engineers Permitting
CPH Environmental shall prepare a Nationwide Permit application request and submit
the application to the ACOE.
a. Prepare a letter request to the ACOE discussing the project.
b. Prepare and tailor portions of the ERP Application specifically ecological
elements of Sections C&E of Joint ERP Application to meet the ACOE
requirements.
c. The Consultant will attend one (1) pre-application meeting with the ACOE in the
field to review the project site
d. Archaeological and Historical Resources: Any necessary site specific cultural
resource assessments are not included.
e. It is assumed mitigation will not be required as the impacts are de minimus.
f. Response to one (1) Request for Additional Information
7. Timeline
CPH will submit preliminary (60%) design and Engineer's Estimate of Probable Construction
Cost by December 21, 2012. Final design will be completed by February 1st, 2013, in order
to support the City's grant application to FIND for construction funding. Note: receipt of final
ACOE and SJRWMD permits may occur after the final design date and may require
modifications to the final design.
8. Fees and Compensation
CPH and their subconsultants shall perform the scope items listed above for a lump sum
amount of$34,000
9. Assumptions
The improvements must not encroach more than 0.5 acres into jurisdictional areas and
there must be less than 3,000 square feet of improvements over SSL.
Requests for Additional Information by the SJRWMD/FDEP and the ACOE does not
include the performance of any additional field studies/surveys, site analysis or similar
Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists Traffic/Transportation Construction Management
t—P h
AGENDA ITEM#8C
NOVEMBER 13,2012
Professional Engineering/Planning Services
Marsh Preserves Kayak Launch, Fishing and Public Access Improvements, Ph I
investigations nor does it include design revisions or modifications resulting from plan
changes by the client.
It is assumed that a Section 7 or a Section 10 Consultation will not be required by the
ACOE and the USFWS for impacts to federally listed protected species.
Title review or research will not be required.
Excavation for underground features and facilities will not be required.
Engineers Surveyors Planners Architects Landscape Architects Environmental Scientists Traffic/Transportation Construction Management C
AGENDA ITEM#8D
NOVEMBER 13,2012
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Justice Assistance Grant
DATE: November 1, 2012
fil C/
SUBMITTED BY: Michael D. Classey, Chief of Police
BACKGROUND:
Justice Assistance Grants (JAG) are grants that have been established by the Federal
Government and administered by the State of Florida. The Atlantic Beach Police
Department has received the approval for$2,785 in grant funding to purchase law
enforcement equipment. This grant does not require any matching funds from the City.
The Police Department has identified an item of equipment that staff would like to
purchase with these funds. The police officers conduct much of their work during the
hours of darkness. The benefits of the officers' observations are severely diminished due
to the lack of light. A portable,handheld thermal night vision scope would greatly
enhance an officer's ability to see a person in total darkness. There is no General Fund
money available to purchase this equipment.
The next step of the process for this grant is for the Police Department to apply for the
funding on-line and to submit hard copies of the application with original signatures. For
this process,the City needs to authorize the Mayor to sign the related paperwork. The
City also needs to authorize Chief Classey to submit the application on-line and have the
authorization to electronically sign the on-line application on behalf of the Mayor. The
deadline for the on line application is November 21,2012 and the hard copy submission
is due by December 7, 2012.
BUDGET: This action will provide $2,785 in grant funding to be added to the 2012-
2013 budget to purchase the thermal night vision scope.
RECOMMENDATIONS: To authorize the Mayor to sign the related paperwork for
the application and the subsequent paperwork related to the JAG grant. In addition,to
authorize Michael D. Classey to submit the application on line and have the authorization
to electronically sign the on-line application on behalf of the Mayor and the City.
ATTACHMENTS: None
____7‘.....
REVIEWED BY CITY MANAGER:
AGENDA ITEM#8E
NOVEMBER 13,2012
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Revised process for acquiring property from River Branch
Foundation
SUBMITTED BY Jim Hanson, City Mana: ►
DATE: November 7, 2012
BACKGROUND: The City Commission authorized the acceptance of approximately 11.84
acres of property located on the north side of Dutton Island Road and
adjacent to the River Branch Preserve at the regular meeting on September
24, 2012. The property was to be acquired by the River Branch
Foundation(Foundation) and then donated to the City of Atlantic Beach.
The City has recently been advised by representatives of the Foundation
that they would prefer to provide the money to purchase the property to the
City of Atlantic Beach and then have Atlantic Beach purchase the property
directly from the seller. The requirement for the conservation easement
would be the same as if it had been originally purchased and donated
through the Foundation and as approved on September 24, 2012. We have
also been advised that the Foundation and the seller would much prefer to
have the closing on this property completed within the next week.
Because this is a change from what the City Commission approved on
September 24th, and because the City should adopt a budget both for the
revenue and expenses related to this property transfer,this has been added
to the agenda for the regular meeting on November 13th
Accommodating the request from the Foundation will require the City
Commission to adopt an ordinance on November 13th at one meeting rather
than the normal two. Alan Jensen has advised that the City Commission
can do this,provided that the Commission first declare the action as an
emergency as authorized under the City Code, City Charter and State
Statutes. Copies of the appropriate Code, Charter and Statute sections are
attached. The reason to declare this an emergency would be to
accommodate the schedule of a charitable organization that wants to
provide a valuable piece of property to the City of Atlantic Beach.
BUDGET: The budget amendment to purchase this property includes both revenues
and expenses equaling $225,422.50. There will be no cost to the City in
acquisition of this property other than staff time to handle the details.
AGENDA ITEM#8E
NOVEMBER 13,2012
RECOMMENDATION: 1)Vote to approve the budget amendment at one meeting under the
Emergency provisions to accommodate the request of the Foundation,
2) Vote to approve both the first and second readings of the budget
amending ordinance at the meeting on November 13, 2012, and
3)Authorize Mayor Borno to execute all related documents on
behalf of the City of Atlantic Beach.
ATTACHMENTS: 1) Ordinance 20-12-119
2) Staff Report from City Manager on September 24, 2012
3) Closing Statement
4)Assignment of Contract for Sale
5) City Code, City Charter and state statutes section on emergency
passage of ordinances
AGENDA ITEM#8E
NOVEMBER 13,2012
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Donation of Property adjacent to River Branch Preserve
SUBMITTED BY: Jim Hanson,City Manager
DATE: September 14,2012
BACKGROUND: The River Branch Foundation wishes to donate an 11.84 acre tract of property
adjacent to the City's River Branch Preserve,to the City of Atlantic Beach.This
property will include a conservation easement to the Public Trust Environmental
Law Institute which sets out restrictions on the present and future use of the
property. The parcel also has a conservation easement over 2.23 acres of the
property which was granted to the SJRWMD in 2005 and later amended.
The River Branch Foundation wants the property to remain in its present
wilderness state,with possible minor improvements for public access. To ensure
that the property will remain in its current condition,they plan to grant a
conservation easement to the Public Trust Environmental Law Institute after they
close on the property in October and prior to the donation to the City. This
conservation easement is very similar to the one that exists for the adjacent River
Branch Preserve property currently owned by the City of Atlantic Beach.The
easement on the current Preserve was granted to the North Florida Land Trust.
The River Branch Preserve was acquired in 2009 with a majority of the funding
coming from the River Branch Foundation.Atlantic Beach paid$185,000 and the
Public Trust Law Environmental Institute put in approximately$30,000. The
acquisition of the River Branch property provided a critical link between the
Dutton Island and Tideview Preserves and is a central part of the recently
approved Marsh Master Plan. The addition of this new property would enhance
and expand the River Branch Preserve.Any development on this 11.84 acre tract
would have severely detracted from the pristine natural environment that makes
the Preserves such a valuable asset to the citizens of Atlantic Beach.
BUDGET: There is no development proposed for this 11.84 acre parcel although walking
trails or other non-invasive public access aids may be added in future. Because
the purpose of this donation is for the property to remain in its wilderness
condition,the City anticipates very little cost for maintenance and ownership.
Consequently,no budget is needed at this time.
RECOMMENDATION: Authorize the Mayor to accept the donation of the 11.84 acre tract from the River
Branch Foundation of Jacksonville Beach,Florida on behalf of the City of
Atlantic Beach.
ATTACHMENTS: 1)Press Announcement from the River Branch Foundation
2)Conservation easement to the Public Trust Environmental Law Institute
3)Conservation easement and amendment to the SJRWMD
4)Drawing of property
AGENDA ITEM#SE
NOVEMBER 13,2012
CLOSING STATEMENT
BUYER: CITY OF ATLANTIC BEACH
SELLER: CHALLEN CAPITAL,INC.
PROPERTY: Vacant land on Dutton Island Drive,Atlantic Beach,FL
DATE: November 7,2012
BUYER SELLER
Buyer's Charges Seller's Credits
Purchase Price 225,000.00 225,000.00
0 0
Closing Costs: 0 0
Recording Fee—Warranty Deed(3 pages) 27.00 0
Recording Fee—Easement 120.50
Fee to broker 275.00
(A)Totals 225,422.50 225,000.00
Buyer's Credits Seller's Charges
Real Estate Commission 0 6,750.00
2012 Tax bill 36.00
Survey 800.00
(reimburse River Branch Foundation"RBF") 0
Title Premium 0 1,200.00
Documentary Stamp Tax(Deed) 0 1,575.00
Title Search Fee 0 275.00
(B)Totals 10,636.00
Gross Amount Due from Buyer[Total at A] 225,422.50 0
Less Credits to Buyer [Total at B] 0 0
Cash from Buyer at Closing 225,422.50 0
Gross Amount Due to Seller [Total at A] 225,000.00
Less Charges to Seller[Total at B] 10,636.00
Net Amount Due Seller 214,364.00
1
42704122_1
AGENDA ITEM#8E
NOVEMBER 13,2012
RECONCILIATION
CREDITS DISBURSEMENTS
Cash from Buyer(Gift from RBF to Buyer) 225,422.50 0
Clerk: Recording Fees 147.50
Clerk: Documentary Stamp Tax(Deed) 0 1,575.00
Title Insurance(premium and exam) 0 1,200.00
RBF(reimburse for title search fee) 0 275.00
Commission&Fee 0 7,025.00
Tax collector 0 36.00
Survey (to River Branch) 0 800.00
Seller 0 214,364.00
Totals 225,422,50 225,422.50
Notes:
Taxes:
Seller is paying 2012 ad valorem real property taxes. Buyer is tax exempt. Any refund for 2012
taxes will belong to Seller. There will be no reproration.
Gift:
Buyer, by its execution below, hereby acknowledges receipt of a gift in the amount of
$225,422.50 from River Branch Foundation, a private not-for-profit charitable foundation, and
agrees that such gift is being used to make the purchase reflected hereon, including payment of
those costs shown hereon. Buyer and Seller each instruct McGuireWoods LLP to return the
binder deposit ($10,000)to River Branch Foundation, and understand and agree that the total gift
amount is as reflected above.
2
42704122_1
AGENDA ITEM#8E
NOVEMBER 13,2012
The foregoing statement is hereby approved and authorization is hereby given to McGuire Woods
LLP to disburse and pay out the same in accordance herewith.
Dated and executed in one or more counterparts as of the date first above written.
CITY OF ATLANTIC BEACH
By:
Name:
Title:
CHALLEN CAPITAL,INC.
By:
Name: Alonzo Walton
Title: President
3
42704122_1
AGENDA ITEM#8E
NOVEMBER 13,2012
ASSIGNMENT OF CONTRACT FOR SALE AND PURCHASE
THIS ASSIGNMENT, dated as of November/ , 2012, is by and between
RIVER BRANCH FOUNDATION, a Florida not-for-profit foundation ("Assignor"), and
CITY OF ATLANTIC BEACH, a municipal corporation ("Assignee").
For a good and valuable consideration, the receipt and legal sufficiency of which
are hereby acknowledged, Assignor does hereby assign all of its right, title and interest
as Buyer(including all rights with respect to the Deposit) in the CONTRACT FOR SALE
AND PURCHASE dated as of August 28, 2012, between it and Challen Capital, Inc. (the
"Contract").
Assignee does hereby indemnify and save Assignor harmless from all loss, cost,
damage or expense, including reasonable attorney's fees, suffered or incurred by reason
of Assignee's failure to perform after the date hereof any obligation of Assignee as Buyer
under the Contract, which by the terms of the Contract should be performed after the
date hereof.
Assignor does hereby indemnify and save Assignee harmless from all loss, cost,
damage or expense, including reasonable attorney's fees, suffered or incurred by reason
of Assignor's failure to perform before the date hereof any obligation of Assignor as
Buyer under the Contract, which by the terms of the Contract should be performed
before the date hereof.
Assignee, by its execution hereof, hereby assumes all obligations of Landlord
under the Contract arising subsequent to the date hereof, but not prior thereto.
Assignor warrants it has the full power and lawful authority to make, execute and
deliver this assignment. In any action brought by either party against the other, and
arising hereunder, the prevailing party shall be entitled to reasonable attorney's fees and
expenses.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Agreement
in counterpart form as of the date first above written.
RIV- BBRANC./'OU, DATION CITY OF ATLANTIC BEACH
7W.l i f l►:. //„I iAM / By
orr: �1 V” "it its Direct•r , its
McGuireWoods LLP, as Escrow Agent, under the Contact, hereby recognizes the within
Assignment.
McGuireWoods LLP
By
Kenneth M. Keefe, Jr.,Attorney
42361076_1
AGENDA ITEM 8E
NOVI'MI3ER 13,2012
Atlantic Beach City Charter
Sec. 10. - Procedure for passage of ordinances and resolutions.
The minimum procedures for adoption of ordinances and resolutions as set forth in F.S.
Section 160.041 shall in its entirety constitute the process for such by the Atlantic Beach City
Commission
Sec, 2-19 Atlantic Beach City Code/ Rules of Order
(26)
Rule.26 The city commission may take action on a matter which, because of time
constraints, has not been included on the agenda for their meeting, if such matter is
declared to be an emergency by the affirmative votes of the majority of the members
of the city commission.The passage of emergency ordinances and resolutions,
however, shall be in accordance with,section 13 of the City Charter.
AGENDA ITEM#BE
NOVEMIIER 13,2012
Title XII Chapter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.041 Procedures for adoption of ordinances and resolutions.—
(1) As used in this section, the following words and terms shall have the
following meanings unless some other meaning is plainly indicated:
(a) "Ordinance" means an official legislative action of a governing body,
which action is a regulation of a general and permanent nature and
enforceable as a local law.
(b) "Resolution" means an expression of a governing body concerning
matters of administration, an expression of a temporary character, or a
provision for the disposition of a particular item of the administrative business
of the governing body.
(2) Each ordinance or resolution shall be introduced in writing and shalt
embrace but one subject and matters properly connected therewith. The
subject shall be clearly stated in the title. No ordinance shall be revised or
amended by reference to its title only. Ordinances to revise or amend shalt set
out in full the revised or amended act or section or subsection or paragraph of
a section or subsection.
(3)(a) Except as provided in paragraph (c), a proposed ordinance may be
read by title, or in full, on at least 2 separate days and shall, at least 10 days
prior to adoption, be noticed once in a newspaper of general circulation in the
municipality. The notice of proposed enactment shall state the date, time, and
place of the meeting; the title or titles of proposed ordinances; and the place
or places within the municipality where such proposed ordinances may be
inspected by the public. The notice shall also advise that interested parties
may appear at the meeting and be heard with respect to the proposed
ordinance.
(b) The governing body of a municipality may, by a two-thirds vote, enact
an emergency ordinance without complying with the requirements of paragraph
(a) of this subsection. However, no emergency ordinance or resolution shalt be
enacted which establishes or amends the actual zoning map designation of a
parcel or parcels of land or that changes the actual list of permitted,
conditional, or prohibited uses within a zoning category. Emergency enactment
procedures for Land use plans adopted pursuant to part Il of chapter 163 shall
be pursuant to that part.
AGENDA ITEM# 10B
NOVEMBER 13,2012
November 5,2012
MEMORANDUM
To: Commissioner Jonathan Daughe
From Jim Hanson,C. ► 'l
Subject: Grant Applications
This memo is to confirm our discussion last week about possible ways to increase the number and dollar
amount of grants received by the City.
Your basic question was whether or not the City could spend money either for a person or to hire a
consultant to obtain more grants. The short answer is yes. We could not be as effective as we were when
David Thompson was devoting about 50%of his time towards finding and administering grants. However,
we can,with assistance,do more. Because of limited administrative time,we would need to focus on
grants for projects that would not take an excessive amount of time either with finding,applying for, or
administering those grants and we should look only for grants for projects that are on your strategic plan or
one of the adopted long range plans(water,sewer, storm water or Marsh Master Plan). Keep in mind that
some grants take considerably more time to administer than others.
The elimination of the Assistant City Manager had exactly the effects that were predicted in a memo of
September 11,2011 which you originally requested. These included the shifting of the non-grant
responsibilities that David held to other top staff members,a reduction in the number and amount of grants
received, and having less time available to attend to the Commission's strategic priorities. A copy of that
memo is attached.
One project that fits the criteria of minimizing administrative time for the grant dollars received as well as
being a strategic or long term goal, is construction of the pedpath in the Marsh Master Plan. The next step
in this project would be to design the entire path from Tideviews to Dutton Island and obtain the necessary
permits. The estimated cost for this design is in excess of$100,000. If the entire pedpath could be
designed and permitted at one time, and if grants can be obtained,the City could construct the pedpath on a
much faster schedule than that which was presented to the Commission during the recent budget
workshops. Our anticipation at that time was that the City would be able to obtain grants in the amount of
50%of project costs over several years. If more grants could be obtained,then it could be finished sooner.
There are some possible sources of grant funding for the design work. We do not yet know what the cost
would be for a consultant to prepare a grant application(s)to get design funding.
If you agree,the best course of action to move forward would be to get the concurrence of the rest of the
Commission to request staff to get a proposal for preparing grant applications for design work and then
report back to the City Commission to get authorization to move forward. To minimize administrative
time, it would probably be best to get a proposal from the same consultant that prepared the Marsh Master
Plan because they are already aware of the project and up to speed on the details.
cc: Rick Carper, Public Works Director
AGENDA ITEM#I OB
NOVEMBER 13,2012
September 28,2011
MEMORANDUM
To: Mayor and Commission
From: Jim Hanson,City Manager
Subject: Assistant City Manager Position
This memo is to answer the request made by Commissioner Daugherty for a report on what would happen if
the City Commission were to defund the position of Assistant City Manager.
The short answer is,the City will continue to operate,staff will take up the responsibilities currently
assigned to the Assistant City Manager so that service levels would be continued and the public will
probably take little notice of the change,at least in the short term. The biggest effects of the loss of this
position would be a reduction in the City's ability to find,obtain and manage grants and in the amount of
top staff time available to accomplish the goals and projects set forth by the City Commission.
Before going into any more detail about the loss of the position, it is important to first understand the job of
the Assistant City Manager(ACM)and how that job has evolved over the years. The position for the ACM
and the individual holding it are more interrelated than most. If David Thompson were to leave and the
position were to remain, it could not be filled without out considerable restructuring because there would
literally be no one available with the same skills and knowledge to do what David Thompson does.
The ACM position evolved over a number of years. It was not a new position,but a new title.David
Thompson began employment with Atlantic Beach in 1983 as the Chief of Police. Later this job was
expanded into a Director of Public Safety when responsibility for the Fire Department was added. Over
time,other responsibilities were added. In 1999,Mr.Thompson served approximately eight months as the
interim City Manager while the search was conducted for a permanent Manager. David retired as the Public
Safety Director in 2008 and his title was changed to ACM. At the same time,Mike Classey was promoted
as the new Police Chief and the position of Assistant Chief was eliminated.
Many of the responsibilities that David Thompson held as the Public Safety Director were carried over into
the new ACM title. These include Code Enforcement,Lifeguards,administration of the fire contract with
the City of Jacksonville and Emergency Preparedness.The Building Department and Recreation were added
with the ACM title.In recent months,he has been assigned several of the responsibilities for administration
of the Community Development Block Grant Program.
Almost half of David Thompson's time is spent on grants.His experience in obtaining and administering
grants goes back long before his title change to ACM. These started as police related grants,but expanded
to a variety of other areas as David volunteered over the years to take on new projects. He has built
longstanding relationships with local, state and federal agencies that provide grants and with agencies that
can otherwise assist Atlantic Beach.
Last,David has been put in charge of a number of major projects. Some of these were directed by the
Commission through the strategic planning process. One of these is administration of the Mayport Road
Corridor project which, in staff's opinion, is approaching a transition point to work more on economic
redevelopment and less on crime. A second strategic goal has been related to the police building. Work on
this project has been ongoing over the last seven years and has remained as a strategic goal through several
city commissions. Replacing the City's mainframe enterprise software has recently been brought to the City
Commission's attention,but the project has been ongoing at the staff level over several years. Only recently
has it been possible for an efficient and non-disruptive transition to occur from the old"green screen"
AGENDA ITEM# 10B
NOVEMBER 13,2012
software that the City has used for over 15 years. Successfully transitioning to this software will require
careful planning and training in each of the City's Departments. Horror stories abound from other cities that
made a quick and poorly planned transition to new software.
For many staff level projects that are likely to grow in importance like the replacement of the enterprise
software,David has become the"go to person"because of his experience,maturity and willingness to take
on new projects. There are several of these ongoing projects at any given time.
Now,to answer the question about the effect of losing the position for the Assistant City Manager more
directly, there are five types of impacts that the City Commission should consider;
1) Duties would be shifted to other staff members.With the loss of this position,there would be a
major shift of responsibilities to the City Manager,Dena'talent Heads and ultimately down the
chain of command to different employees. The effect of this would be having less time available
for other work. Most of the City's top staff already have plenty of other responsibilities.Many
serve as liaisons to various City's boards and committees requiring nighttime work in addition to
the commission meetings. Virtually every Department Head works considerably more than 40
hours per week already.
2) The currently vacant slot for Planning and Zoning Director would have to be restructured and filled.
The low level of zoning activity in the City caused by the economic downturn has allowed for this
position to remain vacant since Sonya Doerr's retirement. Her responsibilities related to the
Community Development Block Grant Program including loan applications and other paperwork
necessary for working with the City of Jacksonville,as well as taking applications for the septic to
sewer conversions,have been transferred to the ACM while this position has been vacant. This slot
may need to be filled for other reasons not associated with the loss of the ACM position.
3) The number of grants received by the City would be reduced in future years. If the position were
eliminated, City staff would work diligently to see that the currently approved grants could be
completed and funds obtained. This is contingent upon adequate time being allowed by the City
Commission for a successful"hand off'of responsibilities. More will be noted on this later. The
City would not stop receiving grants. Many of the formula based and simpler grants would be
handled by Dena'talent Heads and other staff.However,there would no longer be time for some of
the more complex and unique grants.
The City's responsibilities for administration vary dramatically from one grant to the other. Some
require a considerable amount of effort after we have been notified of the award. For example,
Atlantic Beach currently has two energy grants totaling over$338,000. To comply with the 50+
pages of regulations and 70 pages of purchasing guidelines in the contract,David Thompson is
currently spending up to 16 hours per week on these grants alone. The project to rehabilitate the
sewer lines in the Donner area is another example of a unique grant received by Atlantic Beach that
has been time consuming to administer, but provides a very important project to maintain our
infrastructure.
Some people have speculated that it is possible to simply hire a consultant to prepare a grant
application. While some consultants provide assistance in writing grant applications,we have been
unable to fmd any consultants who provide the level of grant administration that is needed on these
unique projects. The City of Jacksonville hired people on a fulltime basis to administer their
portion of the energy grants.
4) There would be a loss of historic knowledge.David Thompson's executive level experience with
the City of Atlantic Beach for 28 years has been extremely useful on several occasions. One recent
AGENDA ITEM# 10B
NOVEMBER 13,2012
example involves the Transition Report provided to Mayor Brown by Jacksonville staff earlier this
year. That Report contained some incorrect information about the origination of the fire contract
between Atlantic Beach and Jacksonville. An understanding and appreciation of the historical facts
may prove to be extremely useful if Jacksonville seriously considers termination of the contract.
5) Less time would be available for the Commission's priorities.Perhaps the biggest impact of the loss
of the ACM position would be in the loss of available administrative time for discretionary projects,
particularly those assigned by the City Commission through the strategic planning process. For a
small City,Atlantic Beach has accomplished a tremendous amount over the last 12 years through
the strategic planning process which has combined long-term vision and support from the City
Commission with having available administrative resources to see that those visions become reality.
If the City Commission chooses to eliminate the position for the Assistant City Manager,adequate time
should be provided for transition. There are numerous ongoing responsibilities and projects that would need
to be finalized or handed off. A six month timeframe would be prudent and reasonable.
Each new Commission brings with it its own list of dreams and desires for the future of our community.
These change between Commissions and there are always more goals to propose than the City possibly has
the time,money, or other resources to accomplish.There has always been a need to prioritize through
strategic planning. It does not appear that the next Commission brings with it any less of a desire for a
bright future or any fewer dreams or goals to propose.
The Commission should rest assured of the continued drive and commitment of the City staff.We work to
the best of our abilities to diligently support the strategic initiatives set forth by the Commission. To be able
to support and pursue those at the same level as we have in the past will require adequate staffing.
Attachments:
1) Job description
2) Organizational Chart
AGENDA ITEM It 1013
NOVEMBER 13,2012
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