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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. 1 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. 2 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 ° ii W bililli z 0 co 12 uii 0 ! II!III Z Y III _1m r a Ce O A 11111 w Q 00011 W CC N r co o z O N N Ce 0 ° V V CL PI re 0 g Q W Q r J -Z ER Eft re � _ZZ Z N 1_ , 2 0 ti), co,. _ 1111111111 u' - - - - - - -2a1- a W• C re m ER CNI V O O a V W N Q O CL Z Ce � :Ng N - w ! i:ii:HIii MM 1L p r W 0 0 2 CO O Q ~ LL0 p � CO U ~ o Jo3E � W p -.1 (4 O. W >- z >- � QZ ° 4 c92 W Z Z U)p v ° z ,, W Q a w a i a J S a a a OO Z a n � a -J � 6a () 2 ° 00 (9 ca C) >- F�- LL < WW LL = Za (jOe fA — zzzC9 §i = Wc 4 JJO2W J ° ° 2W22U = _ 2LLDO02 aNVWJZJ Q 00. 222 O fA 2 2 2 W W ° 0 m O Z 2 ? W V Z Z > J _ O W Z m W O H Z W W O O O W J W W J O — W W W O W S2 W M W 2 O a voat.) 0 65zce000 0- Iii 22ace 3: ° cc aOa6nLL ° 3: v) a 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 ��rr� �w0 _; ,.,- r�;_ rte,� " _ 75 �. �,._.,.ice" rr.:r � � `�-., ;�-�.�. ;�w -.- ,. , rte. � 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 N r-1 0 N lD N 0 r-1 N N N N N LO N r-1 r-1 N 00 N M Cr _1 0 0 d' L * N N N N ,-I N 0 00 LC) u1 O N 01 01 o. 0 0 CO E 0o O 00 00 00 a n. 00 00 00 �i o0 o m m ca vi 14-: o O n a 00 H M M In M a, i_ M d' m 1- g..„ C9 O 0 m C7 a \ 2 N * m t~/f N O N a 7 0 OU v � in in i -LA 6 N .v .v N a cc ce cc .=1 N O N O• 00 O N *. r-1 'D d' kip N Cr - _. O O O * .-. N M N M O M N * M N in M O n p o. O O r- a °o O • O o0 O 00 O O O d d' O r-1 r-1 O N I� W LA m a O 0 ^ ° m m ,--I r 1 N r-I 0 Tr r-I N a C7 f� rN C7 M cr a N v NO a I� d I� d up d O O O d = U U In VI W ,� oo 0 0o 0 0 0 z o o o o a 1 p U ° ° O H 0 ;, 0 0 0 OZ Z O U U v u, u, C J -0- {/- •i i/- i/? I/? O I/? I/? I/? 'v- Q QC ° H 2 Q u1 N N M N CO 0 O O r-1 ~O C N Z Q N O N 0 0 0 ( 0 0 0 ? m II O 0 0 0 0 0 0 i_ 0 Ln O j v Q, p p — OZ1 1 Q Q H ~ O 0 L.1.,C ` U ozs cc cc O ' N M N M M M 0 Ol Ol d' 0 J `v co LL O *. 0 0 0 0 0 0 00 01 a, d +:. O Q O H O H } M N M N N N Z M LO O o _ Z 3 c O Q cc CC p o° p 0.S .o p LL O I-. a c * "' CO v H H 2 U Q 3 ZO v Q V1 U 0 ° 0 F- Cu .o U `.o Q a w • o v,. u, o, a ,o `ti v) II al ' Q W w E v Y v .Q ° o ° ° H c oC in ":1 o O a c• v 0 N a N D- c U , v ` CO `nV � go °o o FLU M < 0 0 W 0 � •v• v CU W .---. p OJ QW. W W O R N = ,v. O H O E E U Q w 0 D_ U pip LrJ U Q O ..... ti N v. H w W DO Z w H w p IQ o er Z o v ° O w w O Q v) a` .L1. W c 3•t' U V) W Z Cl U Q (� " N = O W I— I- < W LL W W CC J Q Q W W N QNi W W J LL cc 4= LL I— J W W U I— 1• 1• J ° F• ♦_ 2 o a w Q (J) a.. 2 Qa w Z 0 * °z CO * z° 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 II"'.l � P IIII M p s d d IIII '! III, Ipup!q1 iiINI' 'dIINIII�IIIINR91 4 i 1 p. �a„� d 11 a AF Professional Engineering/Planning Services Marsh Preserves Kayak Launch, Fishing and Public Access Improvements, Phase I October 26, 2012 @ ° / In Association With: ri y P ,, I ill I !Irll I I ll iIIIIII1,0 'I ' 1, I "71 I 11P....11:11.. I :....;. ..q fir , I1 I I l , :III . ........:. 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. 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