Agenda Packet May 12, 2014.docCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
May 12, 2014-6:30PM
AGENDA
Call to order
Invocation and pledge to the flag
1. A.
B.
C.
D.
E.
Approve the minutes ofthe Regular Commission Meeting of April14, 2014.
Approve the minutes ofthe Commission HRO Workshop of March 12,2014.
Approve the minutes of the Community Meeting for the Multi-Use Path of
March 19, 2014.
Approve the minutes ofthe Special Called Meeting of March 24, 2014.
Approve the minutes of the Commission Workshop of March 24, 2014.
2. Courtesy of Floor to Visitors
A. Proclamation Declaring Saturday, May 17, 2014 as National Kids to Park Day.
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 Depmiment Monthly Activity Report and Financial
Report for March 2014.
B. Approve the 90-Day Calendar (May-July) for the Mayor and Commission.
C. Authorize the City Manager to sign the two-year audit agreement extension engagement
letter for services with Purvis, Gray & Company.
D. Extend the contract with R & D Landscape & Irrigation for one year at the rate of
$55,620.00 for Streets and $63,489.00 for Parks for a total cost of$119,109.00.
E. To authorize the Mayor to sign the Agreement for the Hazard Mitigation Grant for
Donner Subdivision Sewer Upgrade.
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 14-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH RENAMING DONNER
PARK COMMUNITY CENTER IN ATLANTIC BEACH THE "GAIL BAKER
COMMUNITY CENTER".
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7. Action on Ordinances
A. Ordinance No. 5-14-61, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II,
CITY COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR MEETINGS,
TO PROVIDE FOR TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR
DECEMBER, CHANGING THE TIME TO 6:00 PM, AND PROVIDING AN
EFFECTIVE DATE.
8. Miscellaneous Business
A. Public Hearing-UBEX-14-00100010-Request from American Well and Irrigation for
use-by-exception as permitted by Section 24-111 (c) (6), to allow contractors, not
requiring outside storage in the Commercial General (CG) Zoning District on property
located a at 1651 Mayport Road. (City Manager)
B. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a
Thirty Foot Driveway at 436 Beach Avenue. (City Manager)
C. Sailfish Drive Storm Sewer Point Repair. (City Manager)
D. Approval of City Sanitation Contract Modification and Extension. (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and/or requests from City Commissioners and City Attorney
If any person decides to appeal any decision made by the City Commission with respect to any matter considered
at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that
a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which
the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the
City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the
Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00
PM, Friday, May 9, 2014.
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WELCOME
To the Atlantic Beach City Commission Meeting
We will conduct meetings of the City Commission with a level of civility and respect that
the democratic process deserves. This allows for better public input and supports
making the best decisions for the citizens who we are here to serve.
We ask that everyone in the meeting practice the following principles of Respect for
each other.
RESPECT
Refrain from putdowns, criticism and personal attacks
Encourage others to state their views
Support each other, even if you don't agree
Practice active listening
Express yourself assertively, not aggressively, not submissively
Collaborate, do not compete or collude
Trust each other, unless and until such trust is violated
The New Managers Toolkit: 21 Things You Need to Know
MINUTES
AGENDA ITEM# 1A
MAY 12,2014
*REGULAR CITY COMMISSION MEETING
April 14, 2014
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
Call to Order/Pledge:
City Manager Nelson VanLiere
City Attorney Richard Komando
City Clerk Donna Bartle
Recording Secretary Nancy E. Bailey
Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Daugherty gave the Invocation,
followed by the Pledge of Allegiance to the Flag.
1. A.
B.
C.
Approve the minutes of the Regular Commission Meeting of March 10, 2014.
Approve the minutes of the Special Called Meeting of February 24, 2014.
Approve the minutes of the Commission Workshop of February 24,2014.
Mayor Woods asked if there were any corrections to the above minutes. There were no conections, so Mayor
Woods stated the minutes will stand as submitted.
2. Courtesy of Floor to Visitors
A. Proclamation honoring Gail Baker for her Distinguished Public Service.
A proclamation honoring Gail Baker was read by Mayor Woods and she presented the plaque to Ms. Baker's
family.
B. Proclamation for Child Abuse Prevention Month.
Mayor Woods read the proclamation proclaiming the month of April 2014 as Child Abuse Prevention Month
and presented it to Bryan Hensley, Northeast Region Deputy Director with Department of Children and
Families (DCF). Mr. Hensley thanked her. He stated the more that we as a community can wrap our arms
around these families to make them whole and help their children be safe, the more this will help him reach
his dream, which is for DCF to go out of business.
Mayor Woods opened the Courtesy of the Floor to Visitors.
Richard Reichler, 2025 Beach Ave., addressed Item 7 A, stating based on a meeting he had personally with
Mike Griffin, his understanding is that the amendment has no impact on which way a house faces, locations
of front doors or driveways, home addresses or access to any streets. He stated Mr. Griffin never stated to the
Commission or the Community Development Board any of the above. He stated no home owner in Atlantic
Beach has the ability to choose the location of required front, rear and side yards and this amendment does
not change this. He stated when he asked him, Mr. Griffin explained who initiated the amendment, why it
was initiated and the intended result of the change, none of which has anything to do with the facing of front
yards. He stated he is in favor of the amendment, if only that it may provide for an incremental improvement
in safety for Beach A venue motorists and pedestrians.
April14, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
MAY 12,2014
Page2
Opio Sokoni, 1729 Lambert St., thanked the Commission for recognizing Ms. Gail Baker. He stated he
hopes they can replace her with someone with the same passion and beauty and love for children that she had.
He stated anything they are considering doing to honor her with either that park or community center they
have his full support. He wished much love to her family. He congratulated the Mayor and Commission for
their great work in Atlantic Beach.
John Stinson, 150 12th Street, stated he believes the City officials and the Commission have been bogged
down with things that may be a big time burden or not in the interest of the community. He stated things
such as the noise ordinance, the HRO, etc. are slowing down our City and taking resources we could better
use somewhere else. He stated he believes there are other things that the Commission could focus on, i.e.
dirty bathrooms in the parks. He stated he believes there are a lot of things that impact our citizens that may
not seem as big an issue for the general public. He stated one of the things he would like to see the
Commission do is to consider a parking permit program for the City of Atlantic Beach, whereby the
homeowner gets two parking pe1mits and then start selling parking pe1mits. He stated he believes it is a way
to generate revenue and eliminate some ofthe undesirable element in our community. He also addressed the
fact some citizens get no response from the emails sent to the Commission. He stated being an elected
official isn't a mandate for politicians and officials to promote their own agenda. He stated what they elect
people for is to represent the citizens and promote what they feel is important. Mayor Woods stated she does
try to answer every email but we have a junk email catcher that catches emails sometimes and asked that he
give his email address to the City Clerk so they can check to see if it is getting sparnmed.
Chris Jorgensen, 92 W. 3rd, addressed his concem with Habitat and traffic safety on AlA, stating he has not
seen a State DOT report and does not believe our local police department report is sufficient for the quantity
of traffic that will come forth from the area. He asked the City to have the City Attorney make a ruling
whether it requires a State Road DOT safety survey. Mayor Woods stated she and the City Manager met with
DOT to address safety concerns in this area and they are looking at that to see if there are any improvements
that can be made to address those concerns.
Sally Clemens, 1638 Park Terrace West, stated the Commissioners should be applauded for their tenacity
in pursuing the video streaming for the City. She stated citizens seem to be using and appreciate this website;
however, in order to be heard they must speak into the microphone. She stated the March 24th workshop was
not audible and asked that they please speak into the microphone. She also asked how much it would cost to
add captions for the hearing impaired.
Jesse Dattilo, 1983 Beach Ave., thanked the Mayor for the proclamation honoring Ms. Gail Baker. She
stated Ms. Baker was such a large influence in this community and they all benefited in knowing her. She
stated she believes to honor her memory and legacy, the Donner Park Community Center should be renamed
in her honor. Mayor Woods stated they are working on that.
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
City Manager Nelson Van Liere reported, based on the community input at the last workshop on the Marsh
Multi-Purpose Path he believes they need to bring this up to dete1mine if they need to continue on the path
they have set their consultants on or if they should redirect them in a different way and maybe propose
alternatives to what was suggested. He requested direction from the Commission. Discussion ensued.
Aprill4, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
MAY 12,2014
Page3
Public Works Director Rick Carper further explained the scope of work requested of the consultant. He
stated they can change the scope and the consultant knows he cannot go from Phase 1 to Phase 2 or Phase 3
without the Commission's concurrence. He stated he is asking for guidance on this because they submitted a
grant application to Florida Inland Navigation District (FIND) for this path, that he has no confidence they
will be able to meet the timelines on, due to the Commission and residents asking for more time to give more
input. He stated if the Commission believes they should slow this process down and not push forward in this
grant cycle then staff will notify FIND that they are not going to proceed. Further discussion ensued.
It was the consensus of the Commission to continue to pursue the FIND grant and have that project be the
improvement of the Dutton Island Road and still have the entire path studied and if the scope of work and the
dollar amount attached to it isn't enough they may have to come back to the Commission for additional
funds. Mr. Carper suggested he get with the consultant and meet with the Paradise Preserve, Hidden Paradise
and Paradise Cove HOAs and explain they are changing the focus to just look at Dutton Island and ask if that
resolves their concems for now. Mayor Woods reiterated it was the consensus of the Commission to focus on
Dutton Island Road and the FIND grant for this fiscal year and move in that direction and Mr. Carper will
keep the Commission abreast.
Mr. Van Liere reported they sent a letter to COJ with an offer to settle the tipping fee issue but have not
received a response yet. He stated he will call them next week to follow up.
He also reported we received notice of a grant awarded for hazard mitigation for sewer improvements in the
Donner Community area. He stated the project is in the current year budget for $155,000 and the grant will
pay $116,250, or 75%.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report, Code Enforcement
Monthly Activity Report, and Financial Report for February 2014.
B. Award the contract for Concrete Repairs, Bid No.1314-08, for the Public Works/Utilities Department
to Taylor Concrete Services & C.A.P. Contracting Inc., for one year.
C. Award the contract for the Dutton Island Road Sidewalk and Drainage Project: CDBG 2014
(PW1301) Bid No. 1314-07 to Core Construction and authorize the City Manager to execute the
contract documents on the City's behalf.
D. Authorize Insituform Technologies, LLC to install cured-in-place pipe (CIPP) for the FY14 Sewer
Rehabilitation Project in the amount of $145,200, using specifications and pricing in JEA Contract
No. 116616. Authorize the City Manager to sign the contract with Insituform Technologies, LLC.
E. Award a contract for Bid No. 1314-06 for the Repair and Fiberglass Lining of Manholes on Saturiba
Drive in the amount of $54,450.00 to J & H Waterstop Utilities, Inc. and authorize the City Manager
to sign the contract.
F. Declare the list of property as surplus so that the items on it may be disposed of in the most beneficial
way to the City.
Aprill4, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
MAY 12,2014
Page4
G. Award a contract for Bid No. 1314-05 for the Interior Repair and Painting of Ground Storage Tank at
Water Plant #2 in the amount of $75,504.00 to E & D Contracting Services, Inc. and authorize the
City Manager to sign the contract.
H. Approve the Amendment to the Verizon Wireless Site Lease and authorize the City Manager to sign
the lease documents.
Mayor Woods read the Consent Agenda. Mayor Woods pulled Item H.
Motion: Approve Consent Agenda Items A-G as read.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Mayor Woods stated she pulled Item H for the City Manager who will explain it. Mr. VanLiere explained
this item is being pulled to change the motion to include that the Mayor is authorized to sign the agreement,
at the wishes ofVerizon, instead of the City Manager.
Motion: Approve Consent Agenda Item H and Amend to Allow the Mayor to sign.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 90-14-222, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER
24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND
DEVELOPMENT REGULATIONS, TO REPEAL CONDITIONS OF LOTS EXTENDING
BETWEEN BEACH A VENUE AND OCEAN BOULEY ARD; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 90-14-222 by title. She opened the Public Hearing.
No one from the audience spoke so Mayor Woods closed the Public Hearing.
Motion: Approve Ordinance No. 90-14-222 as read.
Moved by Mark, Seconded by Daugherty
Aprill4, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
MAY 12,2014
PageS
Mr. VanLiere explained the Community Development Board voted 6-0 after they reviewed this. He stated it
is his understanding this will allow you to address your property on Beach for the through lots that are Beach
through Ocean. He stated it was explained to him they just needed to delete this section of our Code that did
not allow for the double frontage.
City Attorney Rich Komando explained, according to the staff report, there are 22 lots that this affects and if
one of the properties on those lots needed to be rebuilt or modified to the extent of more than 50% that
Ordinance Subsection C, which is proposed to be repealed, would come into play. He stated he understands
that the result was that they thought it was appropriate to have the ability for the homeowner to choose either
Beach or Ocean facing. He stated he believes it had to do with front yards, placement of pools, etc. He stated
his understanding was that it was Mr. Griffm' s recommendation that we pursue that. Mayor Woods stated
currently if you have a through and through lot, your address is on Ocean Blvd. which puts your driveway
and garage on Beach Ave. and this would allow you to have your address on Beach Ave. or Ocean Blvd., so
your driveway/garage could be on either street as well.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. Engineering Design of Stormwater Improvements for Saltair Subdivision and Sturdivant Road
Sidewalk (PW1406)
Mr. Carper summarized his staff report stating this is within budget and he recommends approval of the
contract with Ayres & Associates.
Motion: Approve the Scope of Services and Fee Proposal for Engineering Design of Stormwater
Improvements for Saltair Subdivision and Sturdivant Road Sidewalk and authorize the City Manager
to sign the contract with Ayres & Associates.
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Marl{, Woods
Nay: 0
MOTION CARRIED
B. City Attorney Selection
Motion: Appoint Rich Komando as the City Attorney and Kopelousos, Bradley & Garrison as the firm
with the contract terms currently in place.
Moved by Beckenbach, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Aprill4, 2014 REGULAR COMMISSION MEETING
C. City Manager Search Firm Selection
AGENDA ITEM# 1A
MAY 12,2014
Page 6
Mayor Woods stated she believes Nelson VanLiere has far exceeded her expectations, brings to the table a
lot of history and understanding of how the City operates, knows the employees and has done a lot of positive
things financially and with the employee relations. She stated she wanted to get this out there before they
commit to this process and spending this money.
Commissioner Hill asked Human Resource Director Cathy Berry for a cost analysis of the process. Ms.
Berry stated they will spend between $20,000-25,000 to proceed with the search. Commissioner Hill stated
he believes there is a process that has to be followed and although he agrees with Mayor Woods, he doesn't
believe it is fair to the process to not look.
Motion: Select Colin Baenziger & Assoc. to conduct the City Manager search and authorize the Mayor
to sign the contract.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
D. Evaluation of Police Building Expansion and Remodeling Feasibility Study (RFP No. 14-04).
Chief Mike Classey summarized his staff report stating the RFP was created to reflect the Commission's
direction and staff evaluated the proposals and ranked them in order. He stated this is to request the
Commission's approval to let staffnegotiate with the top ranked firm up to a cost of$30,000 to perform those
services.
Motion: Authorize staff to negotiate with the top-ranked firms, in order of their rankings, for
architectural and engineering services for the feasibility of the police building expansion and
remodeling and to authorize the City Manager to sign an agreement with the selected vendor to
perform these services up to $30,000.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Commissioner Beckenbach asked if this will be the design-build option. Chief Classey stated, yes, they will
create an RFP for a design-build option.
9. City Manager
A. City Manager's Report.
City Manager Van Liere reported Rick Carper has tendered his letter notifying us of his retirement as of May
30.
Aprill4, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
MAY 12,2014
Page 7
Mr. Van Liere stated he has been working with the City's Financial Advisor and Bond Counsel regarding
refinancing our Utility Bonds, which should save $1.2 million or about $120,000/year in debt service for the
Utility Fund.
Reported they are considering the idea of using a part-time building official for the commercial side and to
represent the City. He stated they are finding that the amount of usage they have with the person filling in for
Mike Griffin has been pretty low and looks like it will remain somewhat low. He stated they believe they
could probably use a 20-hour person instead of a 40-hour to represent the City and save quite a bit of money
there. He stated at the same time this individual would mentor Mike Jones, our current building inspector,
who also wants to increase his credentials to be able to become a building official in the future. He stated
they are talking with Dan Arlington, who was in the audience, who is interested in this position and they are
working out something with him.
Asked how they want to handle the rededication of Donner Community Center for Gail Baker. He stated
they haven't discussed this in a public meeting and if that is what they want to do he believes they should
have a plan to do it. Discussion ensued.
Motion: Authorize the City Manager to find the necessary process and expedite that.
Moved by Hill, Seconded by Mark
Commissioner Mark stated the park was donated from the Donner family and wanted to make sure there are
no legal requirements that would prohibit the name of that Community Center to be changed. Mayor Woods
asked the City Attorney to look into that. Further discussion ensued.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Commissioner Daugherty asked what our transition plan is as related to Rick Carper leaving. Mr. Van Liere
stated he plans to advertise to fill his position with someone of Mr. Carper's caliber who would also have
some utility background, to plan for Donna Kaluzniak leaving; not to announce anything, but the writing is
on the wall it will be in about a year. He stated if they could hire a Public Works Director who could cover
both positions, it would give him/her a year to work with Ms. Kaluzniak while taking on Mr. Carper's job and
then when Ms. Kaluzniak leaves, he/she would be over both departments. He stated that would save some
management money and it is quite typical for cities our size for the Public Works Director to do both.
10. Reports and/or requests from City Commissioners and City Attorney
A. Charter Review Committee.
Mayor Woods stated they have had nine applicants and suggested they accept all nine and have the committee
be nine members instead of the seven discussed at the workshop and asked for consensus. Commissioner
Daugherty stated he believes they should stick to what they agreed to. Commissioner Mark agreed, stating
she believes they should stay with what they originally agreed to, which is seven, and in the format they
discussed and agreed to in the workshop. Commissioner Hill stated after the selection process he would like
to ask the other two citizens if they would remain available to fill any voids that might be created, as
altemates. Discussion ensued. Commissioner Hill asked the City Attorney if there was any reason not to
Aprill4, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
MAY 12,2014
Page 8
have alternates. Mr. Komando stated there is not a reason not to and there is actually a good amount of
latitude that is granted to the Commission as the governing body on how they want to delegate authority.
Motion: Keep two alternates available on the process and use the normal process to pick the seven
members.
Moved by Hill, Seconded by Beckenbach
Discussion ensued. City Attorney Komando explained quorum and majority vote. Further discussion
ensued on quorums, issues of timing and priorities.
Motion: Amend motion to make a nine person committee.
Moved by Hill, Seconded by Woods
Commissioner Beckenbach asked what staff time other than the City Attorney will be required at the
meetings. Mr. Komando stated it is still a public meeting so it will require notice, minutes and
generally the City Manager and the City Clerk also attend. He stated generally the Committee is
going to ask for information from Department Heads and staff and it takes some time to do the
research the Committee will ask for.
Commissioner Beckenbach stated he would like to see in the Charter that every ten years, minimum,
they have the entire Charter reviewed.
Commissioner Daugherty stated the original motion from Commissioner Hill was to add the two
members, which was never voted on, and then he changed his motion. He asked if that should be
rescinded. Mr. Komando stated the first should be withdrawn or amended as a friendly amendment,
being that it is his own amendment he can amend his own motion. Commissioner Hill withdrew his
first motion. He explained why he changed his motion, stating the idea of alternates was to make sure
they had someone to fill the position and essentially having nine members does that by putting enough
people there to keep a quorum on the floor for most circumstances. He stated he doesn't care how
many people are on the committee as long as there are enough to get a broad spectrum of our
community's knowledge.
Commissioner Mark stated she is not saying this doesn't need to be done, but this may not be the best
time to do it, particularly since we may be getting a new City Manager in six or eight months. She
stated that would be a very important process for someone new coming into the City, to participate in.
She stated Mr. Komando is still relatively new to the City as well and believes this is just not the right
time. She stated we need to have a review but to use City resources right now for this when there is
not a pressing issue and the City has been functioning fine for the last 21 years under the Charter as it
currently is, she doesn't see the sky falling in the next year to 18 months that this could not be
revisited. She stated she agrees it does need to be done, but it doesn't need to be done tomorrow
Mayor Woods called the question.
Votes:
Aye: 3-Beckenbach, Hill, Woods
Nay: 2-Daugherty, Mark
MOTION CARRIED
April 14, 2014 REGULAR COMMISSION MEETING
Mayor Woods called for the vote on whether to have a nine member committee.
Votes:
Aye: 3 -Beckenbach, Hill, Woods
Nay: 2 -Daugherty, Mark
MOTION CARRIED
AGENDA ITEM# lA
MAY 12,2014
Page9
Mayor Woods asked for a motion to appoint the Committee with the nine members who have applied.
Motion: Appoint the Charter Review Committee with the nine members who have applied.
Moved by Beckenbach, Seconded by Hill
Votes:
Aye: 3-Beckenbach, Hill, Woods
Nay: 2 -Daugherty, Mark
MOTION CARRIED
City Attorney Komando stated the record should reflect who the members are and it would be appropriate to
name them at this time. Mayor Woods named the committee members as Joan Carver, Tom Goodrich,
Katherine Carithers, David Vincent, Mark Tomaski, Sally Clemens, Donald Wolfson, Judith Leroux,
and Mike Borno and stated their charge requires that they have an initial meeting within two weeks and their
first report to the Commission is due within six months. She stated they will receive a letter notifying them
of their appointment and the City Attorney will contact them for meeting dates. She stated the Committee
will set their own schedule, elect their own Chairman, Vice Chairman and Secretary. Mr. VanLiere asked if
they need to defme a quorum and what a majority is for this group. Mr. Komando stated yes. He stated as far
as the charge, the two questions he wants to include are what constitutes a majority vote and whether the
Commission wants to see individual proposed amendments or an entire Charter. Mayor Woods stated she
believes it would be up to the Committee as to whether they believe we need a complete Charter revision or if
they want to propose separate ones they can do that and the Commission can address it at that time.
Discussion ensued regarding the reports to the Commission and quorum. Mayor Woods reiterated a quorum
(five members) must be in attendance and the simple majority of those in attendance will be the vote.
Commissioner Mark stated if they are saying a quorum is five, then they should have a super majority
because you are still back to three making a decision. Mayor Woods agreed, stating because part of having
the nine member committee was to have greater input. It was agreed to have a super majority for voting.
B. Recruitment of Grant Writing Services.
Motion: Direct staff to develop a request for proposal for professional grant writing firms.
Moved by Mayor Woods, Seconded by Commissioner Daugherty
Commissioner Beckenbach stated he still believes they should be looking at the budget and once they have
strategic planning then they move it forward. Mayor Woods stated she believes that is part of the process of
the grant firm.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Aprill4, 2014 REGULAR COMMISSION MEETING
C. Theatre in the Park.
AGENDA ITEM# 1A
MAY 12,2014
Page 10
Judy Hulett, president of the Board of Directors for Atlantic Beach Experimental Theatre (ABET),
explained ABET would like the City to partner with them for a festival in September, Theatre in the Park, and
explained the festival stating it is a fundraiser and publicity event for ABET. She stated they are requesting
the same budgeting the City gives Arts in the Park.
Mayor Woods asked for a motion before they discuss it. Commissioner Mark asked if they are asking for the
Commission to approve this tonight. Commissioner Daugherty stated he believes this is something they
should workshop before they vote on it. Commissioner Mark stated this is the first they have actually seen an
itemization of it and the presentation. She stated it should have been presented at the workshop if they were
approving something tonight. Mayor Woods explained the reason it was on the workshop agenda and they
are talking about it tonight is that they did have the budget at the workshop but it was not completely itemized
but was based on the budget that has been used for Arts in the Park for a number of years. She stated this is a
little more detailed budget than what was at the workshop. She stated the reason it is here is because of time
constraints; there is a lot to be done to put on one of these projects and in order to get everything done in time
for September it is important to go ahead and approve this. She stated it is not that complicated; ABET is a
partner with the City in their cultural heritage. She stated they have been working out of Adele Grage for a
number of years, provide a wonderful service and are trying, with this festival, to give back to the community
and be more inclusive and allow theatre to enter into more people's lives. She stated they are not asking for
the moon; it is pretty much the same as Art in the Park, only it's Theatre in the Park. She stated if they put it
off for another month or so, they are probably putting it off for another whole year because there are things to
get done and things to line up. She stated she was really excited when they came to her about it and believes
it is a wonderful idea and will open a lot of people's eyes to theatre who don't necessarily get to come,
especially children. She stated she doesn't believe the difference between a budget and a detailed budget is
really all that important.
Motion: Approve the Theatre in the Park for ABET to work in conjunction with Timmy Johnson and
the Cultural Arts and Recreation Advisory Committee.
Moved by Woods, Seconded by Hill
Commissioner Hill stated he would second the motion for discussion but he doesn't support it in any way.
He stated there is a lot more to this than meets the eye and if ABET is not prepared to do a festival, we
shouldn't rush them into it. He stated he doesn't want to fund their launch and would like it to get healthier
and support them as they get farther along in the process. He stated he supports ABET, which is why he
seconded it; he didn't want it to die without discussion. He stated there are some insurance and liability
issues if they are going to serve alcohol and the City is incurring as much liability as they are. He stated he
attended the Cultural Arts and Recreation Advisory Committee meeting and they had a lot of questions and
he believes they should defer to this committee and find out what their thoughts on it are.
Ms. Hulett answered questions and stated their insurance covers their liability for alcohol and they will be
responsible for buying the license for the alcohol. She stated it is just beer and wine and will be in a confined
area where the stage is.
Commissioner Hill further stated when he attended the meeting he also learned that there were others who
were also jumping on the festival bandwagon and wanting to do things for fundraising and he believes they
should rely on their process that is in place and not skip any part of it. He stated they should hear from the
April14, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# IA
MAY 12,2014
Page 11
Cultural Arts and Recreation Advisory Committee. He stated he didn't see a report from them. Recreation
Director Timmy Johnson stated the Committee defelTed action on the item hoping ABET would come back to
them on 4/22/14. He stated it was his understanding that ABET would come back to them after answering
some of the questions they had at the meeting.
Discussion ensued and Ms. Hulett answered several questions.
Commissioner Mark stated with this being their first event and to start out with a budget like this but not to
have a solid fundraising plan, even though it is advertised as a fundraiser for ABET, concerns her. She stated
she believes the $2,500 for advertising that the City would be paying for should actually come down as a line
item for ABET. She stated they should work on their corporate sponsors and come back and show the
Commission what their plan is for getting corporate sponsors; if they are going to have a raffle; what they are
charging the vendors, etc. She stated she would like to see that potential income vs. the expense side on this
before thinking of moving ahead. She stated based on the fact that this is their first event like this they should
come back with a more realistic request from the City, considering that Arts in the Park has now been going
on for over a decade. She stated they should start small and build on success. Ms. Hulett stated she
understands how Commissioner Mark feels but she looks at this as the same event as Arts in the Park, only in
cooperation with ABET.
Commissioner Daugherty expressed concerns about the alcohol sales. Further discussion ensued.
Mayor Woods stated she would like, at the very least, for the Commission to say to the Cultural Arts and
Recreation Advisory Committee that this is a project worth pursuing.
Commissioners Daugherty, Hill, Mark and Beckenbach expressed concerns that ABET should go through the
normal process and apply to the Cultural Arts and Recreation Advisory Committee and have the Committee
give the Commission a recommendation.
Commissioner Mark stated she would like to Amend the Motion to state: Direct ABET to go back to the
Cultural Arts and Recreation Advisory Committee with answers they had requested and have the Cultural
Arts and Recreation Advisory Committee give the Commission a recommendation as to whether they
recommend approval of this project and have it come back as a Committee Report for the Commission.
Discussion ensued. Mr. Johnson explained the timing issue and the questions the Cultural Arts and
Recreation Advisory Committee had with the budget, funding, and sponsorship aspects of the request. He
stated he recommends giving it back to the Committee. He stated from looking at the information ABET has
presented he believes, with ABET and him working together, they can get this done and put on a great event.
Mayor Woods asked if they could change the wording that the Commission approves the concept of the
event. Commissioner Daugherty asked why do they need to, what is the point? Commissioner Mark stated
no. Commissioner Daugherty stated it is circumventing the system and is putting undue pressure on the
Committee. Commissioner Mark stated they don't even need a motion. Ms. Hulett stated that is fine, she just
didn't know where to go and how to do it. Commissioner Mark stated she would say the direction would be
to go back to the Cultural Arts and Recreation Advisory Committee, answer their questions, work with them
on the budget, get their blessing and then it will come back to the Commission. She stated Ms. Hulett had
stated when she was presenting that this was a fairly simple, straightforward event, so she is not as concerned
about timing, with as much emphasis as some are putting on that, as far as pressuring us to approve the event.
April14, 2014 REGULAR COMMISSION MEETING
AGENDA ITEM# 1A
MAY 12,2014
Page 12
Mayor Woods withdrew her motion, Commissioner Hill withdrew his second. Mayor Woods reiterated she
would like a verbal that they are in favor of the event and would like to see the Cultural Arts and Recreation
Advisory Committee work with ABET to produce it.
Commissioner Beckenbach stated he would like to start using the Committees and Boards we have and have
them bring things back to the Commission for final approval and not have the Commission be the initial
approval in order to push it through to the other subcommittees. He stated he knows Mayor Woods' interest
was, as far as committees are concerned, to utilize committees and in this particular case he would ask that
they use the committee that is there. Mayor Woods stated the reason it was here was because of the timing
issue and they can move on.
D. Appointments to the Board Member Review Committee.
Commissioner Daugherty stated there are two openings on the Board Member Review Committee and he
recommends both Rita Pierce and Jeny Johnson be reappointed.
Motion: Reappoint Rita Pierce and Jerry Johnson to serve on the Board Member Review Committee
for an additional term.
Moved by Daugherty, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
City Clerk Bartle
• Reported the Town Hall Meeting is this Wednesday at 6:00 p.m. and she needs a volunteer to take
minutes. Commissioner Beckenbach stated he will take minutes but asked, since meetings are taped,
do they need to take minutes except for very broad and general minutes. Mr. Komando stated you
still have to have minutes. He stated the detail you want to include in the minutes is up to discussion
but you are still required by the Sunshine Laws to have minutes. He stated they are supposed to
document on some level what occurred. Discussion ensued.
• Stated the HRO Workshop will be on 4/22/14 from 5-7 p.m. and asked if they want it videotaped. It
was the consensus to not videotape the meeting.
• Asked if they want the Prebudget Workshops on 4/23 and 4/30 videotaped. It was the consensus to
videotape the meetings.
Commissioner Mark
• Gave a shout out to our Evidence Custodian, Vicki Schmechel, who received the Property Evidence
Association of Florida's Chapter 7 Member of the Year award for demonstrating superior
organization in property management skills.
Commissioner Daugherty
• Reported K&T Nursery, a plant nursery, opened at lOth and Mayport Road, which was formerly an
auto repair place.
• Stated Shakespeare in the Park was amazing.
Aprill4, 2014
Commissioner Beckenbach
REGULAR COMMISSION MEETING
AGENDA ITEM# IA
MAY 12,2014
Page 13
• Thanked City Manager Nelson VanLiere for all he has been doing and complimented him and the
City Attorney for their work on the tipping fees.
City Manager Van Liere
• Thanked the staff, especially Rick Carper, who has been working double time on all these issues.
City Attorney Komando
• Thanked everyone for their vote of confidence and looks forward to continuing to work with each of
the Commissioners as well as the Department Heads. He stated it has truly been an honor and a
pleasure to serve the Beach.
Mayor Woods
• Reiterated the Town Hall Meeting will be in the Chamber this Wednesday, 4/16, at 6:00 p.m.
Commissioner Hill asked if the Commission could sit at the dais for the HRO Workshop. It was the
consensus to sit at the dais.
• Appreciates the work Rich Komando has been doing and is glad they have voted to retain their
services unanimously, which shows a lot of goodwill on everyone's part. She stated they will be
moving forward with the City Manager and as she said Nelson VanLiere has gone way beyond her
expectations, which were not low to begin with.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 9:32 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
*A Workshop was held on March 24, 2014 for the purpose of discussing these items. Please refer to the Workshop
Minutes for the previous discussion.
AGENDA ITEM # 1 B
MAY 12,2014
MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON MARCH 12, 2014
City Commission Members present:
Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jimmy Hill
Commissioner Maria Mark
Commissioner Jonathan Daugherty (arrived at 5:38p.m.)
Staff present:
Nelson VanLiere, City Manager
Richard Komando, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Call to order.
The meeting, which was held for the purpose of discussing the Human Rights Ordinance (HRO), was
called to order at 5:00 p.m. by Mayor Woods. She stated this was an emotional issue and reminded
everyone to be civil and respectful to each other at all times.
Commissioner Mark stated she understood the purpose of moving this item to a workshop was for the
Commission to have this discussion and decide whether to move forward with a Human Rights
Ordinance for Atlantic Beach. She asked if that was the purpose of the workshop, then what was the
purpose of the speaker who is on the agenda. She stated she can't imagine anything else being said that
has not already been said on both sides of the issue over the past meetings and workshops that have been
held on this issue and presumed that they, as a Commission, are at the crossroads to decide if they want
to move forward with adopting a Human Rights Ordinance. She stated she does not believe they should
have a speaker on the opposing side speak without the opportunity to have someone who supports it be
able to speak. She stated if the Commission allows this person to speak, she believes it would only be
fair and equitable to have someone from the other side who supports the HRO to speak after this person
and be given the same amount of time. Otherwise, she stated, she would say not allow any guest
speakers, and allow the Commission to discuss this as the workshop is intended to do.
Commissioner Hill explained the guest speaker was invited by him because he had several questions
coming to him from quite a few sources related to this and our resources available to us are very limited
on this. He stated this is a fairly complex issue and they are about to put a law into place without
hearing what the bad part of that law is, which is a big part of his concern. He stated he is for providing
a non-discriminatory environment for our community but there is a ve1y deep depth of information they
have not seen. He stated he would be in favor of opening equal time for as many speakers from any side
who want to speak.
Discussion ensued.
Commissioner Mark stated her speaker is Can1ngton Madison Mead.
It was determine they would allow the attorneys to speak to the legal side of both issues for 15 minutes
each.
Minutes-City Commission Workshop
Page2
AGENDA ITEM# IB
MAY 12,2014
March 12,2014
City Attorney Komando answered several questions from the Commission regarding litigation issues.
Further discussion ensued.
Commissioner Daugherty arrived at 5:38p.m.
Mayor Woods asked Mr. Komando if the City would be sued for anything that is in this Ordinance. He
stated he can't give a confi1mation that the City wouldn't be sued but the way the Ordinance is written it
would be the businesses or the person, according to the Ordinance, who is offending, who would have to
defend that lawsuit. He stated, is there the potential for the City to be included; you can't stop
somebody from including the City but the way the Ordinance is written now, it would be the person who
engaged in the discriminatory behavior would be the one who would have to defend themselves.
Discussion ensued.
Mr. Komando stated he has received multiple inputs on the business issue and that is where he would
like to get some sort of consensus as to what they want or he could be drafting things until the end of
time. Following discussion, he further explained some exemptions that are outlined in case law to
provide protection to some businesses.
1. Guest Speaker-Attorney Roger Gannam to speak on the HRO.
Roger K. Gannam, Esq., partner in the Jacksonville, Florida law firm Lindell & Farson, P.A.,
explained his background and gave a presentation related to the HRO, stating this law in concept is not
good for Atlantic Beach, is not necessary, will cause more discrimination than it prevents, and will cause
real harm to individuals and businesses based on some of the issues they have already discussed. He
stated Federal and State law already provide a prohibition against discrimination on the basis of sex,
race, national origin, color, religion, age, and disability. He stated this law, even though it addresses all
of those issues is not adding anything to the categories; the only category this law is adding is a sexual
orientation and gender identity or expression. He stated this is a gay and transgender rights ordinance.
He stated anytime a law like this is passed it becomes a threat to religious liberty of the individuals and
the business owners in the community where it is passed. He discussed the case of Elaine Photography
in New Mexico. He stated the proposed Ordinance is giving an immediate right to sue where there
wasn't one before. He answered questions from the Commission.
Carrington Madison Mead, Esq. explained she was a lesbian and a practicing lawyer. She addressed
the discrimination faced by lesbians and transgenders. She explained the procedures involved in
transitioning. She addressed the cross fit discrimination case. To explain gender expression, she gave a
demonstration with Commissioner Hill. Discussion ensued between Commissioner Hill and Ms. Mead
regarding expression. She answered questions from the Commission.
Commissioner Beckenbach left the meeting at 6:43 p.m. He returned at 6:45 p.m.
Discussion ensued. Mayor Woods asked the City Attorney how they should word the Ordinance so the
City is not opening up themselves and innocent people to indecent exposure. Mr. Komando stated
similar to the examples where there are criminal defendants who employ the Stand Your Ground
defense, despite that defense being meritless, he cannot assure the Commission that some person may
not try to use the defense; however, he is not aware of any anti-discrimination protection that has been
used successfully to defend against criminal behavior.
Minutes -City Commission Workshop
Page3
AGENDA ITEM# 1B
MAY 12,2014
March 12,2014
Ms. Mead further explained the procedures to transition medically from male to female and female to
male. Discussion ensued regarding the issue of trans genders entering female restrooms.
Commissioner Mark left the meeting at 7:19p.m. She returned at 7:24p.m.
Further discussion ensued. Ms. Mead answered additional questions from the Commission.
Mayor Woods recessed the meeting at 7:32p.m. She reconvened the meeting at 7:43p.m.
2. Discussion on HRO memo and proposed ordinance.
Mayor Woods stated she received a handout from a gentleman, representing Veterans for Peace, who
said they have been working on exacting the language for the Jacksonville ordinance HRO Jax 2014 and
he gave her his thoughts on that topic. She gave a copy ofthe draft to the City Clerk and asked that she
distribute a copy to each of the Commissioners.
Mayor Woods asked if they want to set a time ce1tain for this meeting. Commissioner Mark stated the
better question is how far they want to go with the ordinance. She asked if they feel they are prepared to
start drilling this down and talking about specific areas where they may want more clarification on.
Commissioner Daugherty stated he believes this is an issue for the State level. Discussion ensued on the
HRO.
Mayor Woods stated there are a lot of people in this community that this affects and she would like the
Commission to keep working on this. She stated they don't have to rush through this. She stated she is
not ready to give up.
Commissioner Hill stated he believes they have tried to apply the wrong tool to this. He believes the
time they are spending on this is doing a disservice to the other issues that are not being focused on. He
stated he agrees that it is important and believes they have to do something with it. He stated he
believes they should put language before the voters in a referendum vote. He stated the word
"expression" should not be left in the ordinance because it is too vague.
Mayor Woods stated, first, they have to have something for the citizens to vote on. She stated what she
believes she is hearing is that they do want to continue the process and believes they should each go
through the ordinance word by word and bring their issues back.
Further discussion ensued.
Mayor Woods stated it is getting late and they have a lot of people to listen to. She asked that they set
another workshop in about a month and asked the City Manager to set a meeting. Commissioner Mark
asked that each Commissioner give input to the City Attorney as to what their concerns are and what
changes they would like to see, what they would like to include or exclude so when they meet again they
can really have a meaningful conversation about trying to drill this down. It was the consensus of the
Commission to meet again in a month.
AGENDA ITEM# lB
MAY 12,2014
Minutes-City Commission Workshop
Page 4
March 12,2014
3. Courtesy of the Floor
Mayor Woods limited the Courtesy of the Floor to one minute per speaker.
Tyja Sullivan, 458 Mako Drive, spoke in opposition to the HRO.
Alison Brown, 10 Tenth St. #64, spoke in support of the HRO.
Rosalind Hoffman, 266 Magnolia St., spoke in support of the HRO.
Jane Kosut, 1969 Sevilla Blvd. W., spoke in support of the HRO.
Mark Hill, 1726 Selva Marina Dr., spoke in support of the HRO.
James West, 1445 Seminole Rd., spoke in support of the HRO. As requested by Commissioner Hill
earlier in the meeting, he gave an example of discrimination he witnessed at an established Atlantic
Beach barber shop of a gay man being overcharged because he was gay and the barber stating he hoped
he didn't come back because he was not welcome there.
Judy Sheklin, 1985 Brista De Mar Circle, spoke in support of the HRO.
Ann Simpson, 420 Snapping Turtle Ct. E., spoke in support of the HRO.
Wells Todd, 1761 Sea Oats Drive, spoke in support of the HRO.
Paul Crandall, 1448 Laurel Way, spoke in opposition of the HRO.
Brenda Hanbury, 1874 Tierra Verde, spoke in support of the HRO.
Heather Downs, 375 3rd St., spoke in support of the HRO.
Maryann Dyal, 1765 Seminole Rd., spoke in support ofthe HRO.
Suzanne Barker, 1938 Beachside Ct., spoke in support of the HRO.
Don Peters, 1902 N. Sherry Drive, spoke in support of a referendum for the HRO.
Chris Jorgensen, 92 W. 3rd St., spoke in opposition to the HRO.
Michelle Lomeux, 1096 Bertha St., Jacksonville, spoke in opposition to the HRO.
Kris Matson, 540 Hopkins St., Neptune Beach, spoke in support of the HRO.
Rosan Lorizza, 721 Neptune Lane, Neptune Beach, spoke in support of the HRO.
Marina Hodgini, 721 Neptune Lane, Neptune Beach, spoke in support of the HRO.
AGENDA ITEM# 1B
MAY 12,2014
Minutes -City Commission Workshop
Page 5
March 12, 2014
Sharon Krause, 4845 Plymouth St., Jacksonville, spoke in opposition to the HRO.
Raymond Johnson, 3036 Stratton Lane, Jacksonville, spoke in opposition to the HRO. He presented
125 petitions to the Commission of people who were against the HRO.
James Eddy, 222 Lawton Avenue, Jacksonville, spoke in support of the HRO.
Lyn Lazarus, 540 Hopkins St., spoke in support of the HRO.
Bill Wilder, 1512 Ira Lou Road, Jacksonville, spoke in support ofthe HRO.
Nicholas deVilliers, 4510 Attleboro St., Jacksonville, spoke in support of the HRO.
Linda Huffman, 50116th AvenueS., Jacksonville Beach, spoke in support of the HRO.
Dan Merkan, 3159 College St., Jacksonville, spoke in support of the HRO but stated he was against
putting it on a referendum.
Carrington Mead, 3948 Anvers Blvd., Jacksonville, spoke in support ofthe HRO.
Linda Swafford, 9690 Taylor Field Rd., Jacksonville, spoke in opposition to the HRO.
Raoul Sanchez, 1445 Seminole Rd., spoke in support of the HRO.
Jessica Osborne, 715 Trekor Avenue, Jacksonville, Statewide Field Manager for Equality Florida,
spoke in support of the HRO, stating they have approximately 1000 people who have signed their pledge
in support of passing the HRO in Atlantic Beach. She stated she can provide that to the Commission.
Mayor Woods asked that she do that.
Adjournment
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 8:59p.m.
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor
~HANSON
DATE: March 24, 2014 j BY: Randy Downing
PROJECT NO.: 13L0184
PROJECT NAME: City of Atlantic Beach/Multi-Use Path
PROJECT MEETING LOCATION: 800 Seminole Road, Atlantic Beach, FL 32233
MEETING DATE: March 19, 2014
AGENDA ITEM# 1C
MAY 12, 2014
MEETING MINUTES
PARTICIPANTS: Rick Carper, COAB; Mayor Carolyn Woods, COAB; Commissioner John Daugherty,
COAB; Commissioner Mark Becken bach , COAB; Commissioner Jimmy Hill, COAB; City Manager
Nelson Van Liere, COAB; Randy Downing, Hanson; Dennis Lord, Hanson; Corey Bowden, Hanson;
General Public
DISTRIBUTION: All Participants, File
The following minutes express our understanding of the items discussed. Please respond in writing within
five (5) days of receipt if any changes are required. Action items noted in bold italics (including
persons responsible for taking actions):
Meeting began at 6:00 PM
General
The purpose of this meeting is to inform the people of Atlantic Beach about the process of the study and
to allow them input into the decision making process. It was explained that the goal of the path was to
connect Tide Views Preserve and Dutton Island Preserve. While the City's Master Plan has a conceptual
path, the actual routing of the path has not been determined. A consultant, Hanson Professional
Services Inc., had been hired to determine the best route for the path and their study would provide a
cost/benefit analysis of various routes and materials along with their recommendations. The attendees
were assured that no construction would be done until their report was presented to and approved by the
City Commission. Exhibits included photos of possible types of pathways, an aerial photo which
indicates what land the City of Atlantic Beach owns and an aerial photo that shows the conceptual plan as
shown in the City of Atlantic Beach Master Plan. In addition, a slide presentation showing the history of
the Master Planning Process and how it relates to the development of a multi-use path connecting
Tideviews Preserve and Dutton Island preserve. The slide presentation, along with a video of this
meeting, is available on-line for those wishing to view it.
The following items were discussed:
Pedestrian Traffic in the Neighborhood
• Can the study address safety of pedestrian traffic?
• Top priority of causeway before increasing pedestrian load from path
Funding for the Path
• Assumes 50% funding from Florida Inland Navigation District (FIND)
• Only construction done in the Marsh would be considered for FIND funding.
• There are no known grants for the maintenance of the path.
• Consultant's plan to include an analysis of alternative materials.
Police Safety
• There are no immediate plans for police patrol of the path. Police activity would be demand
driven.
Hanson Professional Services Inc. Form QAP 17.2.2, Rev. 4
Economic Impacts
• No economic impacts anticipated at this time
AGENDA ITEM# 1C
MAY 12,2014
• City of Atlantic Beach does not charge for entrance to the parks and has no intention of charging
at this time.
Consultants' Fees
• The fees to be paid to the Hanson and their sub-consultants total $147,000.
• Mayor Woods reminded everyone that the two biggest resources in Atlantic Beach are the ocean
and the marsh. The marsh was gifted to the city by Florida Land Trust and is held in trust. She
supports spending money to determine the best way to be good stewards of the marsh.
Distance to Backyards
• No information currently available as to the distance to homes as no route has been established.
Types of Pilings
• What is the shelf life of the pilings
• What effects would chemicals from the pilings have on the environment?
Access for Power Boats
• While there are no restrictions against power boats in navigable waters, the terms of the gifting of
the land requires that no accommodations can be made to assist power boats.
Homeowners' Access to the Marsh
• A homeowner with a launch ramp expressed concern about her access being blocked.
Real Estate Analysis
• Can this be included in the study? A possible source of funding for maintenance could come
from increased property values in this area.
Communication
• Residents in the immediate vicinity of the proposed path expressed concern over a lack of
communication regarding the project as well as their ability to weigh in on the project
• Rick Carper reiterated his November offer to speak to their homeowner's association directly but
said he had not been invited to do so.
• Rick Carper and Mayor Woods both stated that there would be future meetings to present this
information to the community.
Meeting finished at 7:45 PM.
Carolyn Woods
Mayor
Hanson Professional Services Inc. Form QAP 17.2.2, Rev. 4
AGENDA 1TEM # lD
MAY 12,2014
MINUTES OF SPECIAL CALLED MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON MARCH 24, 2014
PRESENT: Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
ALSO: Nelson VanLiere, Interim City Manager
Richard Komando, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Call to order.
The Mayor called the meeting to order at 6:32 p.m. in the Commission Chamber. Mayor Woods
explained the procedures for the Special Called meeting. She called for a moment of reflection for two
City employees who passed away: Paul Paloti, who worked for the City in Public Works for over 20
years and had retired a little over 3 years ago; and Gail Baker, who was a driving force and mentor to
children and families in the Donner Community.
1. Courtesy of the Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained
the process for public comments.
Mike Whalen, 1420 Mayport Rd., spoke in opposition to the Habitat project at 201 Mayport Rd. He
asked that they please have the courage to vote no on thirteen zoning exceptions tonight.
Mitch Reeves, 1663 Sea Oats Drive, addressed Courtesy of the Floor to Visitors, asking that the
Commission go back and read the announcement that is read each week before the citizens. He stated it
is a Courtesy of the Floor and it is not a two-way debate. He stated sitting Commissioners will interrupt
the speaker stating, that's your opinion, that's not true and different other comments, but yet that citizen
does not have the right to rebuttal. He asked that the Commission think about following their own rules
because it is for the citizens to stand up here and speak. He stated the citizens have to be able to express
their feelings, good or bad, and asked that they not interrupt them during their comments. He stated
when they change the rules for special meetings to allow everybody to only have two minutes to speak,
he does not believe that is right for the citizens of Atlantic Beach. He stated he believes all Atlantic
Beach citizens, during Courtesy of the Floor, should always be allowed to have a full five minutes to
speak. He stated if they are not a resident he believes it is fine to set a two or three minute rule. He
stated the Commission wants to be transparent; they need to hear our citizens and the citizens need to
have the right to a full five minutes at anytime they have the Courtesy to the Floor.
Brian Wheeler, 9822 Tapestry Park Circle, agent for the applicant, stated he and other
AGENDA ITEM# lD
MAY 12,2014
representatives for Habitat were here if there are any questions or issues and would be happy to address
them.
Chris Jorgensen, 92 W. 3rd Street, spoke in opposition to the Habitat project at 210 Mayp01t Rd.
Thanked the speaker who talked about citizens not being interrupted when speaking.
No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to Visitors.
2. ORDINANCE NO. 90-14-221, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
REZONING PARCEL IDENTIFICATION NUMBER 177649-0000 FROM COMMERCIAL
LIMITED (CL) AND RESIDENTIAL MULTI-FAMILY (RG-M) TO A SPECIAL PLANNED
AREA (SPA) AS PERMITTED BY SECTIONS 24-116 THROUGH 24-126 OF THE CODE
OF ORDINANCES TO ALLOW A MAXIMUM OF EIGHTY (80) RESIDENTIAL UNITS,
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE AND RECORDING.
Mayor Woods read Ordinance No. 90-14-221 by title.
Mayor Woods opened the Public Hearing. No one in the audience spoke so Mayor Woods closed the
Public Hearing.
Motion: Approve Ordinance No. 90-14-221, as read.
Moved by Daugherty, Seconded by Mark
Commissioner Hill brought up the accusation of a possible conflict of interest regarding the Community
Development Board which passed the 13 variances and sent them to the Commission. Discussion
ensued. Mr. Komando explained conflict of interest stating it would occur if there is any sort of
standing to gain financially or gain in some form. He stated without knowing who was actually on the
Board, it is a challenge to answer. He stated the Community Development Board makes a
recommendation to this Board and this Board is not bound to follow those recommendations.
Jeremy Hubsch, Redevelopment and Zoning Coordinator, named the Board Members of the Community
Development Board stating none were actually active (Habitat) Board members and he could ask them
to all submit something to say that they have no ties or affiliation to Habitat.
Kirk Hanson of the Community Development Board stated when this issue came up there were several
people who said they had done volunteer work for Habitat but nobody indicated they presently worked
for Habitat or were on the Board for Habitat. He stated he doesn't know that anybody who worked on a
Habitat house would have a conflict of interest in regards to making a determination. Mayor Woods
stated she believes if there had been a conflict they would have spoken up at the time.
Commissioner Hill reiterated he still believes this is the wrong project for the location and doesn't
believe the variances cover it adequately. Mayor Woods discussed the issue of the variances, stating one
of the variances they have incorporated is instead of having a 20' front yard setback they will have 32'
from the front of the house to the street and in that there is a 10' landscape buffer and an additional
interior sidewalk so that within the community they can walk around without having to come out and be
-2-
AGENDA ITEM# lD
MAY 12,2014
exposed to Mayport Road. She stated, to her, that is a variance that actually benefits the community at
large and that particular community, making it safer. She stated other variances included more
landscape buffer than our Code requires between adjacent developments and this development; different
sizes of trees, but more vegetation going in, etc., so even though 13 variances sounds like a big number,
when you look at them she believes it does benefit the individual development and our community at
large. She stated she just wanted to put that out there on the record.
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 1-Hill
MOTION CARRIED
3. Grant Application for an Emergency Generator for City Hall.
Keith Randich summarized the staff report, stating the estimated cost is $17 5, 000 with a matching grant
of75%. He explained the City would need to cover 25% ofthe cost if we receive the grant.
Motion: Direct staff to complete the Duval County Local Mitigation Strategy application for an
emergency generator for City Hall.
Moved by Daugherty, Seconded by Mark
Discussion ensued.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjoumed at 7:01p.m.
ATTEST
Donna L. Bartle, CMC
City Clerk
-3-
Carolyn Woods
Mayor
AGENDA ITEM# lE
MAY 12,2014
MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION
HELD IN THE COMMISSION CHAMBER ON MARCH 24, 2014
City Commission Members present:
Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
Staff present:
Nelson VanLiere, City Manager
Richard Komando, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Call to order.
The meeting, which was held for the purpose of discussing the agenda items for the Commission
Meeting of March 10, 2014, was called to order at 7:01 p.m. by Mayor Woods. She stated Courtesy of
the Floor to Visitors would be held at the end of the meeting.
WORKSHOP-ONLY ITEMS:
1. Presentations by Search Firms for City Manager.
Human Resource Director Cathy Berry introduced Mr. Colin Baenziger as the first presenter.
Colin Baenziger of Colin Baenziger & Assoc. from Daytona Beach, Florida distributed some
materials to the Commission and gave a presentation regarding his fi1m and their capabilities, stating
their fee is all inclusive. He explained the process they will use in recruiting, screening and researching
the backgrounds of the candidates. He recommended they meet with the candidates in a social setting,
one-on-one and as a group. (Commissioner Daugherty left the meeting at 7:14 p.m.) Mr. Baenziger
stated they could start at the end of the month. He explained their guarantees should the candidate leave.
(Commissioner Daugherty returned at 7:21 p.m.) Mr. Baenziger answered questions from the
Commission.
Ms. Berry stated the next firm to present would be SGR.
Lori Philyaw, Strategic Government Resources from Keller, Texas summarized what makes her
firm different from other search firms. She explained their national reach, local government training,
background and media searches, and video interviews done prior to a decision being made on the finals.
She answered questions from the Commission.
Ms. Berry stated the next firm to present would be Springsted.
John Anzivino, Springsted, Inc. from Richmond, Virginia gave a presentation on his firm explaining
their services, background and his personal/professional background. He explained the team who would
also work on the search. He explained their screening process, the search for the candidates, the
interview process, the candidate profile, and their assistance in salary negotiations. He also stated they
Minutes -City Commission Workshop
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AGENDA ITEM# IE
MAY 12,2014
March 24,2014
will provide a search for the City if the candidate leaves within two years at no charge, other than out of
pocket expenses. Mr. Anzivino answered questions from the Commission.
2. Presentations by candidates for City Attorney.
Ms. Berry introduced Chris White with GrayRobinson.
Chris White from GrayRobinson, P.A. summarized his written presentation, explaining his
background and experience and the background and resources of GrayRobinson. He clarified his
proposal stating they do not charge for photocopying or travel costs, and explained what the $6,000
monthly retainer includes. Mr. White answered questions from the Commission.
Ms. Berry introduced Interim City Attorney Komando.
Rich Komando from Kopelousos, Bradley & Garrison, P.A. introduced his partners Sam Garrison
and John Kopelousos in the audience. He explained the legal expertise his firm can provide. He
summarized his duties performed while working as the City's Interim Attorney. He stated his firm
provides value. He explained their fee structure stating they have not billed for travel. Mr. Komando
answered questions from the Commission.
Mayor Woods recessed the meeting at 9:02p.m. She reconvened the meeting at 9:07p.m.
*DISCUSSION OF AGENDA ITEMS ON APRIL 14, 2014 COMMISSION MEETING:
1. A.
B.
C.
Approve the minutes of the Regular Commission Meeting of March 10,2014.
Approve the minutes ofthe Special Called Meeting of February 24, 2014.
Approve the minutes of the Commission Workshop of February 24, 2014.
There was no discussion on this item.
2. Courtesy of Floor to Visitors
This item was taken out of sequence and acted on later in the meeting.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report.
There was no discussion on this item.
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.
Minutes-City Commission Workshop
Page3
AGENDA ITEM# IE
MAY 12,2014
March 24,2014
A. Acknowledge receipt of the Building Department Monthly Activity Report, Code Enforcement
Monthly Activity Report, and Financial Report for February 2014.
B. Award the contract for Concrete Repairs, Bid No.1314-08, for the Public Works/Utilities
Department to Taylor Concrete Services & C.A.P. Contracting Inc., for one year.
C. Award the contract for the Dutton Island Road Sidewalk and Drainage Project: CDBG 2014
(PW1301) Bid No. 1314-07 to Core Construction and authorize the City Manager to execute the
contract documents on the City's behalf.
D. Authorize Insituform Technologies, LLC to install cured-in-place pipe (CIPP) for the FY14
Sewer Rehabilitation Project in the amount of $145,200, using specifications and pricing in JEA
Contract No. 116616. Authorize the City Manager to sign the contract with Insituform
Technologies, LLC.
E. Award a contract for Bid No. 1314-06 for the Repair and Fiberglass Lining of Manholes on
Saturiba Drive in the amount of $54,450.00 to J & H Waterstop Utilities, Inc. and authorize the
City Manager to sign the contract.
F. Declare the list of property as surplus so that the items on it may be disposed of in the most
beneficial way to the City.
G. Award a contract for Bid No. 1314-05 for the Interior Repair and Painting of Ground Storage
Tank at Water Plant #2 in the amount of $75,504.00 to E & D Contracting Services, Inc. and
authorize the City Manager to sign the contract.
H. Approve the Amendment to the Verizon Wireless Site Lease and authorize the City Manager to
sign the lease documents.
Commissioner Daugherty pulled Item 4C. He stated there seemed to be a difference in the amount of
some of the line items and asked why. Public Works Director Rick Carper explained some firms put
their overhead costs in different line items and explained other factors that cause the differences.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 90-14-222, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF
ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO REPEAL CONDITIONS OF
LOTS EXTENDING BETWEEN BEACH AVENUE AND OCEAN BOULEY ARD;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
There was no discussion on this item.
8. Miscellaneous Business
A. Engineering Design of Stormwater Improvements for Saltair Subdivision and Sturdivant Road
Sidewalk (PW1406)
Minutes -City Commission Workshop
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AGENDA ITEM# IE
MAY 12,2014
March 24,2014
Mr. Carper stated he will have the numbers from the consultant mid-to-late next week so they will have
them at least a week in advance of the actual meeting for review and approval.
Commissioner Daugherty asked to go back to discuss Item 4H from the Consent Agenda. He asked if
this is a 15-year contract. Public Utilities Director Donna Kaluzniak stated this is standard for these
types of contracts. She stated when they first entered into this contract it was a 20 or 25-year contract
and believes they have 6 or 7 years left and they wanted to extend it for three more 5-year periods. She
stated when they originally gave us the contract they just had that extension and the City decided they
should ask for more money. She stated the contract with Sprint at the other tower was higher and they
are trying to get similar to what they are getting with them. She stated it is a smaller tower with less
antennas with Verizon but they did get it up to fairly close to what they get fi·om Sprint. Commissioner
Daugherty asked if it is in our advantage to have such a long contract or would it be better to have a 5-
year contract with 5-year renewals. Ms. Kaluzniak stated she does not believe they will do a 5-year
contract. She stated all the cell providers are looking for long-term contracts. She stated it doesn't cost
the City anything; they pay for any improvements on the tanks, any maintenance, etc. Discussion
ensued.
Commissioner Becken bach left the meeting at 9:17 p.m.; he returned at 9:19 p.m.
B. City Attorney Selection.
Discussion regarding the two applicants ensued. Cathy Berry answered questions from the Commission.
C. City Manager Search Firm Selection.
Discussion regarding the three applicants ensued. Cathy Berry answered questions from the
Commission.
D. Evaluation of Police Building Expansion and Remodeling Feasibility Study (RFP No. 14-04).
Mr. Van Liere explained the recommendation on the staff report in the agenda packet will be changed
and the new recommendation will include "to authorize the City Manager to sign an agreement with the
selected vendor to perform these services up to $30,000." He stated he wanted to be able to go to
contract after they voted rather than have to come back to another meeting to get authorization to
approve whatever it is they negotiated. Discussion ensued. Mr. VanLiere pointed out that, related to
the budget for this, last year they put $60,000 in the budget and that money did not get encumbered or
rolled into this year, so currently in the CIP budget there is no money to do this; however, they were
going to charge it to the Police Department and then in one of the major budget modifications they will
come back and appropriate some of the CIP funds to pay for it. He stated they have the money in the
bank; they just don't have the authority to spend it until he does a budget ordinance.
9. City Manager
A. City Manager's Report.
Mr. Van Liere stated, at the next meeting, he wants to propose going back to a version of the old
meeting schedule. He stated he has a lot of ideas about how the process could be different but still have
Minutes -City Commission Workshop
Page 5
AGENDA ITEM# 1E
MAY 12,2014
March 24,2014
two meetings a month. He stated he will put that on the next agenda. He stated from staff's standpoint
this one meeting a month is very hard to work with and he will put the reasons in his report and why he
believes his proposal will work better. Mayor Woods stated when they rearranged this schedule they
discussed the fact that they would work with it for a while and then do a review to see if they wanted to
keep going or change it back and this is the 8-10 month review.
He also discussed the issues with scheduling meetings with the Commission and stated he wants to put
future proposed meetings on the monthly calendar which will then be put on the Consent Agenda for
Commission input. Discussion ensued.
Related to the Building and Zoning Department, he stated he is going to try to make more of the
emphasis on planning and zoning and let the primary person in charge of that department be a planner
versus a building official. He stated he believes they will have better luck filling the building official
duties at that level rather than a department head level that would also have planning and zoning, which
is not necessarily typical. He stated he believes the planning and zoning person would become the
department head and oversee the building department on paper but will not be a certified building
official but neither is a building official a certified planner. He stated he just wants to flip it around. He
stated he believes it is more common to have the planning and zoning be over the building department.
He answered questions from the Commission. He also reported the newly hired Zoning Technician,
Shalene Estes, quit today.
He reported staff has had discussions with Advanced Disposal regarding expectations for the contract
extension.
10. Reports and/or requests from City Commissioners and City Attorney
A. Charter Review Committee.
Mayor Woods reported on the proposed Charter Review Committee. She stated to change the Charter
will require a Referendum. Discussion ensued related to the timing, the selection and size of the
Committee, etc. City Clerk Bartle stated applications for the Committee will need to be submitted by
April 4 in order for them to be on the next agenda. It was the consensus of the Commission to limit the
Committee to 7 members with the Commissioners selecting one each from the applicants, the Mayor
selecting two and the last member being selected by all Commissioners/Mayor as a group. Ms. Bartle
will rewrite the report for Mayor Woods for her approval.
B. Recruitment of Grant Writing Services.
Mayor Woods summarized her report to have staff prepare an RFP for grant writing services.
Commissioner Beckenbach stated he wants to do this after their pre-budget discussions. Commissioner
Mark expressed concerns about the time involved for the RFP and staff time involved. Ms. Berry
answered questions about the RFP and staff time. Discussion ensued.
C. Theatre in the Park.
Mayor Woods summarized her report stating a presentation will be given at the next meeting.
D. Appointments to the Board Member Review Committee.
Minutes -City Commission Workshop
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AGENDA ITEM# IE
MAY 12,2014
March 24,2014
Commissioner Daugherty stated both current members have exceeded any expectations he had.
Item 2 was taken out of sequence and acted on at this time.
2. Courtesy of Floor to Visitors
Commissioner Hill asked the City Manager to contact the JTA and have them address the two busses
that are parked in front of the old Laundromat. Mayor Woods stated they have met with the City and
they are changing the routes and that will not be there in a few months.
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained
the process for public comments.
Judy Beaubouef, 1209 Beach Avenue, addressed the Commission regarding issues of conflict of
interest. She asked how could the Commission not address the conflict of interest related to
Commissioner Beckenbach and his lawsuit against the Estates of Atlantic Beach over which the City
paid $140,000 in 2009 for an easement. She stated, in spite of what your attorney tells you, the City is at
risk. She stated if Commissioner Beckenbach wins the suit then he is the title owner and the Estates of
Atlantic Beach is not the title owner. She stated our easement that we paid money for is in jeopardy and
he can bring a claim against us because he can say the City did not negotiate with the proper title owner.
She stated even Mayor Woods in her email exchanges has said this is a predicament for the City of
Atlantic Beach. Ms. Beaubouef stated she does not understand why the Commission cannot confront
one of their own when there is an ethics complaint, which she is sure they have all read about. She
asked why do they examine other people under a microscope but will not examine one of their own. She
stated good and bad lawyering is very important to her and she believes you can have a great lawyer that
will make all of them look better and make things run better, but if they get poor legal advice it is not
good. She stated Mr. Komando was quoted as saying that he did not put the insurance carrier on notice
of the suit. She stated that is just basic lawyering; you put your insurance carrier on notice when you
have even a potential issue and why Mr. Komando said he did not do that is puzzling to her. Ms.
Beaubouef stated she believes they need to look closely at their own just as they look super closely at
everybody else's conflicts. She stated they have one of their own; they have an ethics complaint and she
hasn't heard them talk about it at all, nor has she ever heard Commissioner Beckenbach raise the issue
himself. She stated he owed full disclosure to this Commission before he filed the suit and certainly
before he voted to ax his adversaries in the litigation.
Mark Tomaski, 448 Snapping Turtle Court W., stated he hopes the workshops don't stop because he
believes they are very positive and bind them together better and they get more done. He stated he
believes that is why they have so many things going on; because he believes they are able to
communicate better. He thanked them for the videos, stating they helped him when he had to be
somewhere else at the time. He also thanked the gentlemen (Mr. Van Liere and Mr. Komando) for
stepping up and believes they have done a great job. He stated anyone who steps up to be on the Charter
Review Committee is really putting in a commitment. It is a true commitment and also a privilege to be
that close to democracy and how we govern ourselves. He stated he hopes we get some great people in
there who are willing to work straight through because once they start they really need to finish that job.
Regarding the lawsuit, he stated he started the lawsuit to protect his property and he has no conflicts. He
Minutes -City Commission Workshop
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AGENDA ITEM# lE
MAY 12,2014
March 24, 2014
stated it is a suit against the builder in another town on property that is in another town. He stated that is
all he has to say about the suit. He stated it is a private suit, so he can't speak too much about it.
Kirk Hanson, 2393 Ocean Breeze, referenced the article in the Beaches Leader regarding the ethics
complaint against Commissioner Beckenbach. He stated in the article, Commissioner Beckenbach
stated that he wanted to dismiss the City Attorney a year ago; actually he tried to do so two years ago, as
soon as he was seated as a Commissioner and right after he resigned from the LLC that was funding a
lawsuit against the City of Atlantic Beach and the Estates of Atlantic Beach. He stated it appears as if
he was trying to avoid an obvious conflict of interest in resigning from the LLC, even though he never
disclosed it was fronting a lawsuit against the City. He stated now two years later Commissioner
Beckenbach successfully led an effort to fire the City Attorney and City Manager and then the next day
served a lawsuit against the Estates of Atlantic Beach involving property that the City of Atlantic Beach
has an easement on. He stated Commissioner Beckenbach says the timing is a coincidence. Mr. Hanson
stated, I don't think so. He stated the Beaches Leader reports that Commissioner Beckenbach stated in
an interview that "the City has an attorney now who is not wonied about the suit as it is a private
property matter." He stated the obvious implication is that the City previously had an attorney who was
wonied about the lawsuit; but Commissioner Beckenbach took care of that-just fire the City Attorney,
no problem. Mr. Hanson stated, being a member of the Community Development Board, he went
through some training on ethics. He stated the training manual he read jut last year regarding conflicts
of interest in the public sector says in part that, if there is "a situation that could create the impression of
a conflict of interest, the safest route is to disclose the nature of your concerns." He stated it goes on to
say, "make this disclosure before beginning any discussions of the item." He stated Commissioner
Becken bach has successfully created an impression of a conflict of interest and needs to clear the air and
disclose his past and present legal dealings that have or could potentially involve the City of Atlantic
Beach.
Mitch Reeves, 1663 Sea Oats Drive, stated he supports the charter review. He stated he heard the
comment tonight that some of those people who were on the Police Committee already made up their
minds when they went there, but that is absolutely not the truth. He stated people changed back and
forth and spent almost 1 7 weeks of their time. He stated if they go back to the same type meeting they
are having here tonight, they debated over and over how many people should serve on this committee.
He stated they did this same deal before. He stated they said 11 people would serve on it and each
member would be able to appoint each different person and the Mayor would be able to appoint two or
three. He stated the night they voted they reneged on what they all sat down and agreed to do. He stated
he supports this but asked that they follow what they say they are going to do. He also stated they are
very lucky to get somebody like Cathy Beny in Human Resources. He believes she is very talented, has
done an excellent job and believes they are doing right by finding a firm to get the City Manager. He
stated if they are going to spend the money for the fitm, trust that the finn will bring them qualified
people and make a choice. He also stated if he was on the Commission he would want an attorney who
would challenge him and correct him if he was wrong, not someone who will just sit there and agree and
not say too much. He stated that is what they should look for.
Mike Whalen, 1420 Mayport Rd., addressed the guidelines for committees on conflict of interest,
stating all he heard tonight was that all they have to say is they have no financial interest. He stated he
believes the Mayport Corridor's name should be changed to either Habitat Conidor or Habitat Highway.
Minutes -City Commission Workshop
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AGENDA ITEM# IE
MAY 12,2014
March 24,2014
Commissioner Mark stated she received a mailer from Florida Family Action from Orlando. She stated
they are misstating that the City of Jacksonville's Human Rights Commission was defeated 17-2, but it
was actually defeated 10-9. She stated she wanted it on the record that they are disseminating incorrect
information.
City Attomey Rich Komando asked the Commission for any input on the HRO.
Commissioner Daugherty stated he was concerned about how the ethics complaint even became public.
He stated he was concerned about the fact that it made the paper because it isn't supposed to. He stated
the paperwork they received states all parties are not supposed to talk about it. He stated until the Ethics
Commission makes a decision he is reserving judgment. Stated Gail Baker was an integral part of the
Donner Community Center and wondered if we were sending flowers or anything. Mayor Woods stated
they will have a proclamation at the meeting and are inviting the family and past Mayors, etc.
Mayor Woods stated there have been an awful lot of accusations flying around tonight and she wanted
to remind anyone, in case they have forgotten, that at the time she was vehemently opposed to having
that pipeline on that property because it was a well advertised fact that there was not clear title to that
property. She stated she tends to find fault with the attorney that wrote the contract and promoted
putting our pipe and having a lease on that property, knowing that there was not clear title. She stated
she believes if they are going to fmd fault they should start there and she is going to leave it at that. She
stated they are all going to miss Gail Baker; she was such a pillar of the community, such a kind heart, a
shoulder for everyone and she doesn't know if they will ever be able to find anyone to even come close
to serving the community like that. She asked that they please keep her and her family in their thoughts,
as well as Paul.
Adjournment
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 11:32 p.m.
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor
*Formal action (if needed) will be taken at the Commission Meeting of April 14, 2014.
flrodamation
AGENDA ITEM# 2A
MAY 12,2014
WHEREAS, May 1 th, 2014 is the fourth National Kids to Parks Day organized and
launched by the National Park Trust; and
WHEREAS, National Kids to Parks Day empowers kids and encourages families to get
outdoors and visit America's parks; and
WHEREAS, it is important to introduce a new generation to our nation's parks because of
the decline in Park attendance over the last decades; and
WHEREAS, we should encourage children to lead a more active lifestyle to combat the
issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and
WHEREAS, National Kids to Parks Day is open to all children and adults across the
country to encourage a large and diverse group of participants; and
WHEREAS, National Kids to Parks Day will broaden children's appreciation for nature
and the outdoors.
NOW THEREFORE, I, Carolyn Woods, Mayor of the City of Atlantic Beach, Florida, do
hereby proclaim Saturday, May 17,2014 as
NATIONAL KIDS TO PARK DAY
and urge all citizens of the City of Atlantic Beach to take the children in their lives to a
neighborhood, state or national park.
IN WITNESS WHEREOF, I have
set my hand and caused the Official
Seal of the City of Atlantic Beach to
be affixed this 12th day of May, 2014.
Carolyn Woods, MAYOR
BUILDING DEPT. MONTHLY ACTIVITY REPORT
-------------------------------------------------------------
COMPARISON REPORT
REPORT FOR THE MONTH MARCH 2014
COMPARISION 2013-2014
PERMIT TYPE----------,NUMBER OF PERMITS ---,------,------------------------------, -----TOTAL INSPECTIONS------
----------------------_j I _____ I
YTD 2013 YTD 2014 YTD 2013 YTD 2014 YTD 2013 YTD 2014
SINGLE FAMILY---------I 2 8 ~----~ $ 434,000.00 I $2,656,041.00 I --------------------o -o --IT ----------_-,----------$0.oo-----------
REMOoEu.A.i:>orfloNs ---------92-l----1~-----------~-------1,s22,so8.oo 1 --------$1 ,o6f476.oo 1 ------------T --------
COMMERCIAL NEW----' __ 0___ 0 -----~---------------_ -1$------11,132,911.00 I-------------------
OTHER ___ -----------t--536------~--$----1:489,912.ool$ __________ --2~156,s82.0ot---------------------------
~~=~~~ -TOTA~r-----630 ---546 ~--=------1$ _______ =!!446,?20.0[l----=---~-$17,oo7~010.00 I _ _13~ ___ .1 ___ 1125 ___ _
PERMITS ISSUED FOR THE MONTH OF MARCH 2014
--------------
1
AGENDA ITEM# 4A
City of Atlantic Beach MAY 12,2014
FINANCIAL REPORT
March 2014
Cash Balances
Prior Current Dollar Percent
Fund(s) 02/28/14 03/28/14 Change Change
General $ 8,795,295 $ 8,687,919 $ (107,376) -1.22%
Tree Replacement 10,949 10,949 0.00%
Convention Development Tax 71,958 61,749 (1 0,208) -14.19%
Local Option Gas Tax 134,837 156,428 21,591 16.01%
Better Jax 1/2 Cent Sales Tax 355,147 368,810 13,663 3.85%
Police Training, Forfeiture, Grants, etc. 131,434 107,197 (24,238) -18.44%
Community Development Block & ARRA Grants (952) (952) 0.00%
Debt Service 0.00%
Capital Projects 2,868,746 2,902,996 34,250 1.19%
Utility 5,294,866 5,480,503 185,637 3.51%
Sanitation 705,708 724,137 18,429 2.61%
Building Code Enforcement 200,120 201,668 1,548 0.77%
Storm Water 1,722,067 1,792,065 69,998 4.06%
Pension-Police 64,772 63,881 (891) -1.38%
Pension -General 132,764 220,943 88,178 66.42%
Total $ 20,487,713 $ 20,778,295 $ 290,582 1.42%
Total Restricted Cash 7,683,285
Total Unrestricted Cash $13,095,010
Cash and Investments
Annual Prior Current Dollar Percent
Account Yield 02/28/14 03/28/14 Change Change
Bank of America -Depository $ 3,593,151 $ 3,807,389 $ 214,238 5.96%
Guggenheim Floating Rate A 4.16% 3,666,453 3,680,750 14,297 0.39%
Hartford Floating Rate Bond A 3.34% 2,518,751 2,526,108 7,357 0.29%
lnvesco Floating Rate A 3.92% 3,639,028 3,650,288 11,260 0.31%
Main Stay Short Term Duration High Yield A 3.04% 2,536,787 2,556,074 19,287 0.76%
Legg Mason WA Cash Reserve Fund 1,777 1,777 0.00%
First Trust Short Duration High Income A 3.58% 2,010,949 2,014,204 3,255 0.16%
Putnam Diversified Inc. 4.23% 1,258,405 1,277,077 18,672 1.48%
Alliance Limited Duration High Income A 2.42% 1,258,914 1,261 '130 2,216 0.18%
MSSB Money Market/Cash 0.00%
SBA -Florida Prime 348 348 0.00%
Cash on Hand 3 150 3 150 0.00%
Subtotal $ 20,487,713 $ 20,778,295 $ 290,582 1.42%
Police Pension Investments $ 8,097,085 $ 8,025,662 $ (71 ,423) -0.88%
General Pension Investments 14740788 14,607,886 {132,902} -0.90%
Subtotal $ 22,837,873 $ 22,633,549 $ (204,324) -0.89%
Total $ 43,325,586 $ 43,411,843 $ 86,257 0.20%
• Denotes the 30 day SEC Yield Anualized
City of Atlantic Beach
FINANCIAL REPORT
March 2014
AGENDA ITEM# 4A
MAY 12,2014
Revenues
Annual YTD -50.00% YTD Dollar
Fund I (Footnote) Estimate of Estimate Actual Variance
General (1) $ 10,931,117 $ 5,465,559 $ 7,399,826 $ 1,934,268
Convention Development Tax 80,300 40,150 39,350 (800)
Local Option Gas Tax 421,009 210,505 211 ,484 980
Better Jax 1/2 Ct Sales Tax 694,870 347,435 358,518 11,083
Police Training, Forfeiture & Grants, etc. 110,041 55,021 50,887 (4, 134)
Grants (2) 75,000 37,500 7,641 (29,859)
Capital Projects (3) 495,000 247,500 206,665 (40,835)
Utility 8,611,203 4,305,602 4,085,494 (220,107)
Sanitation 1,789,000 894,500 903,524 9,024
Building Code Enforcement (4) 281,550 140,775 221,547 80,772
Storm Water 1 J 155,000 577,500 632,887 55,387
Pension-Police (5) 1,329,681 664,841 786,237 121,397
Pension -General (5)
Total $
2 190,980 1 095,490
28,164,751 $ 14,082,376
Analysis of Major Variances
(Variances >$25,000 AND 10.00%)
1,347,658 252,168
$ 16,251,718 $ 2,169,343
In general, the major variances are created when the actual funds received-to-date are
different from the percentage of the budget elapsed-to-date. They are as follows:
(1) The positive variance in the General Fund is mostly due to the timing of property tax
receipts. The bulk of the receipts come in November and December.
(2) The city has not received expected grant monies from CDBG; therefore there is a
negative variance in Grants.
(3) The city has not received expected grant monies from the State of Florida nor the City
of Jacksonville; therefore there is a negative variance in Capital Projects.
(4) Building Code Enforcement permit activity is running above projected revenues,
similar to surrounding jurisdictions and counties.
(5) The $121,397 Bnd $252,168 positive variances in the Pension Fund-Police and
Pension Fund-General, respectively, resulted from changes in market values of the
investments of more than the anticipated amount.
Percent
Variance
35.39%
-1.99%
0.47%
3.19%
-7.51%
-79.62%
-16.50%
-5.11%
1.01%
57.38%
9.59%
18.26%
23.02%
15.40%
City of Atlantic Beach
FINANCIAL REPORT
March 2014
Expenses
Annual YTD-50.00% YTD Dollar
Department I (Footnote) Estimate of Estimate Actual Variance
Governing Body $ 42,933 $ 21,467 $ 20,278 $ 1,189
City Administration 2,647,727 1,323,864 1,249,329 74,535
General Government (1) 640,370 320,185 386,618 (66,433)
Planning and Building (2) 434,709 217,355 177,035 40,320
Public Safety (3) 5,692,612 2,846,306 2,007,794 838,512
Recreation and Special Events 396,901 198,451 175,976 22,475
Public Works (4) 7,877,621 3,938,811 2,601,777 1,337,033
Public Utilities (5) 10,793,308 5,396,654 4,599,895 796,759
Pension -Police 751,628 375,814 382,654 (6,840)
Pension -General (6) 852,850 426,425 496,385 (69,960)
Total $ 30,130,659 15,065,330 12,097,740 $2,967,589
Annual YTD-50.00% YTD Dollar
Resource Allocation Estimate of Estimate Actual Variance
Personnel Services (1,3) $ 9,541,493 $ 4,770,747 $ 4,317,888 $ 452,859
Operating Expenses (1-4) 10,734,003 5,367,002 4,275,886 1,091,115
Capital Outlay (1,4) 5,777,375 2,888,688 961,426 1,927,261
Debt Service (2,4) 2,448,768 1,224,384 1,728,028 (503,644)
Transfers
Total $
1,629,020 814,510
30,130,659 $ 15,065,330 $
Analysis of Major Variances
(Variances >$25,000 AND 10.00%)
814,512 (2)
12,097,740 $ 2,967,589
In general, the major variances are a result of timing differences created between the
percentage of budget elapsed-to-date and actual expenditures. They are as follows:
(1) The negative variance in General Government resulted from the budget for insurance
premiums, other than health, and debt service being prorated over twelve months when
budgeted, but expensed when paid -insurance in October and SunTrust '99 debt
payoff in December.
(2) The positive variance in Planning and Building resulted from a vacant position for a
Redevelopment and Zoning Coordinator. The position has been vacant since the
beginning of the fiscal year.
(3) The positive variance in Public Safety was partially due to the budget proration
practice mentioned above -Fire contract with COJ is billed quarterly in arrears
(approximately $260,000 in January); and, lifeguard expenditures will appear
seasonally during April -September. The remaining variance is due to turnover/unfilled
positions in the Police Patrol and Crime Suppression divisions.
(4) The variance in the Public Works Department was due to: project activity budgeted
that has not been started/completed -see Project Activity schedule; only three
payments recorded to the trash hauler and fleet maintenance provider (October
payments for September activity were recorded in FY13 for year-end cut-off); Storm
Water Fund debt payments were expensed in October when paid, but prorated for
budget purposes; and minimal expenses have been incurred towards the Parks Master
Plan consultant or the resurfacing/street paving program.
(5) The positive variance in the Public Utilities Department Is due to budgeted project
activity that has not been started/completed.
(6) The negative variance in Pension -General resulted from a doubling from three to six
DROP participants with higher benefits.
AGENDA ITEM# 4A
MAY 12,2014
Percent
Variance
5.54%
5.63%
-20.75%
18.55%
29.46%
11.33%
33.95%
14.76%
-1.82%
-16.41%
19.70%
Percent
Variance
9.49%
20.33%
66.72%
-41.13%
0.00%
19.70%
AGENDA ITEM# 4A
City of Atlantic Beach MAY 12,2014
FINANCIAL REPORT
March 2014
Project Activity-Current Year Activity Only
Project YTD YTD
Project Name Number Budget Actual Balance Status
Public Safety:
Kennel Improvements PS1401 40,000 40,000 s
Life Guard Building Improvements PS1402 6,000 6,000 s
$ 46 000 $ $ 46 000
Public Utilities:
Reclaim Water Plant PU0805 1,352,858 210,297 1,142,561 I
Replace the Water Main on Pine Street PU1304 53,199 53,199 c
Replace 4" Water Main at Wonderwood and Finegan PU1305 58,852 58,852 c
PT Repair at Lift Station C PU1306 10,280 10,280 8
Repair 24" Effluent Force Main PU1308 5,260 5,260 0 c
Repair 12" Force Main PU1309 3,363 3,363 0 c
Water Plant #2 Tank Rehabilitation PU1401 125,000 125,000 A
Water Plant #2 Rehabilitation GST PU1402 100,000 100,000 8
AC Main Sea Oats PU1403 390,000 390,000 R
lnline Valve Installations PU1404 50,000 50,000 I
Manhole Replace Saturiba PU1405 86,000 86,000 8
Sewer Rehabilitation Saturiba PU1406 27,264 27,264 8
Donner Subd Sewer Upgrade PU1407 155,000 155,000 E
Effluent Outfall Replacement PU1408 300,000 300,000 E
Effluent Pump at WWTP PU1409 50,000 50,000 I
Subtotal $2,767,076 $ 330,971 $ 2,436,105
Parks Maintenance:
Marsh Master Plan Signs PM1301 625 625 c
Rose Park Development PM1302 237,357 191,944 45,413 I
Russell Park Tennis Courts 1-2 PM1401 100,000 100,000 s
Bull Park Gazebo PM1402 X
Donner Park Ball field Improvements PM1403 75,000 103 74,897 8
Electric Gate at Dutton Island Park PM1404 8,000 I
Marsh Project Pedestrian Path PW1408 150,000 150,000 E
March Overlook and Kayak Launch PW1409 293,000 293,000 E
Marsh Preserve Path PHZ-1 PW1410 42,000 41,628 372 c
Subtotal $ 905,982 $ 234,300 $ 663,682
Public Works:
Dutton Isle Road Sidewalks PW1301 65,263 849 64,414 8
East Coast Drive Drainage Improvements PW1306 319,046 77 318,969 8
East Coast Drive Improvements PW1401 79,000 79,000 8
Fountain PW1402 7,500 7,500 E
Welcome Sign PW1403 11,000 5,579 5,421 E
Robert Street Ditch PW1404 50,000 50,000 E
Sidewalk and Curbs PW1405 25,000 25,000 I
Salt Air Drainage and Sidewalk Improvements PW1406 380,000 51 379,949 E
Seminole Road Improvements PW1407 490,000 54 489,946 E
Subtotal $1,426,809 $ 6,610 $ 1,420,199
Total $5,145,867 $ 571,880 $ 4,565,987
Status Key
A-Bid/RFP Advertised I -Project In-progress
B -Bid Awarded N -Complete/Non-Capital
C -Project Completed R-Re-budget Next Fiscal Year OR Re-Evaluated
D -Design Completed S -Staff Researching
DE -Deferred X -Project Cancelled
E -Design Phase
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 90-Day Calendar for the Mayor and Commission
AGENDA ITEM# 4B
MAY 12,2014
SUBMITTED BY: Yvonne Calverley, Executive Assistant to the City Manager
DATE: April17, 2014
STRATEGIC PLAN LINK: None
BACKGROUND: The 90-day calendar is included on the agenda for the purpose of setting
meeting dates, determining the location, time and whether or not to
videotape special meetings and workshops if the Commission desires.
The rolling 90-day calendar will be revised after receiving input from City
staff and the Commission and will be included in each agenda for
consideration.
Special note:
• Renaming Ceremony/Tree Planting for Gail Baker will be held on
Tuesday, May 13th at 4 pm.
• The regular meeting scheduled for Monday, May 26th will be
be rescheduled for Tuesday, May 2th due to City Offices being
closed for the observance of the Memorial Day holiday.
• Town Hall Meeting is scheduled for Saturday, July 19th at 10 am at the
Jordan Park Community Center.
BUDGET: None
RECOMMENDATION: Approve the 90-Day Calendar for May through July
ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (May through July)
MAYOR AND COMMISSION
May 2014
SL':--:0.\ Y ~10:--:D.\Y TCESD.\Y \\T-:0:--:ESD.\ Y Tl Il'RSD. \ Y FRID.\Y S.\TL'RD.\ Y
1 2 3
-l 5 6 7 8 9 10
Newsletter Due
(Mayor)
11 12 13 14 15 16 17
Renaming Ceremony
Commission Mtg & Tree Planting for Due Date for
6:30pm-Chamber Gail Baker Agenda Items
(lnvoc-Beckenbach) Donner Park
Videotaped 4pm
18 19 20 21 22 23 2-l
Employee Picn ic
(Russell Park)
ll am-3 pm
25 26 27 28 29 30 31
Memorial Day Commission
Workshop
City Offices 6:30 pm-Chamber
Closed (Video taped)
MAYOR AND COMMISSION
June 2014
SL'l'.:D .\Y ;\10:-.:D .\ Y TUESD.\Y \\.EDJ\:ESD.\ Y TIICRSO.\Y FRID.\Y S.\TURD.\ Y
1 2 3 4 5 6
Newsletter Due
(Mayor)
8 9 10 11 12 13 14
Commission Mtg
6:30 pm -Cha mber D ue Date for
(Invoc-Woods) Agenda Items
Videotaped
15 16 17 18 19 20
22 23 24 25 26 27
Commission
Workshop
6:30 pm-Chamber
(Videotaped)
29 30
MAYOR AND COMMISSION
July 2014
-SUl"D.\ Y !-IO~D ~\ Y TUESD.\ Y \\'T.mi'mSD,\ Y THURSD.\Y FRIO,\\" SATURD.\Y
1 2 3 4 5
4'h of July
City Offices
Closed
6 7 8 9 10 11 12
Newsletter Due
(Mayor)
13 14 15 16 17 18 19
Commission Mtg Town Hall
6:30 pm-Chamber Due Date for Meeting
(Invoc-Mark) Agenda Items Jordan Park
Videotaped 10 am
20 21 22 23 24 25 26
27 28 29 30 31
Commission
Workshop
6:30 pm-Chamber
(Videotaped)
CITY OF ATLANTIC BEACH
C ITY COMM IS SION MEETING
STAFF REPORT
AGENDA ITEM II i.IC
Ml\ Y 12, 2014
AGENDA lT il:M: Audit Engagement Letter
SUBM ITT E D BY: Nelson Van Licre, City Manager 6?
DATE: April17, 2014
BACKGROUND: Purvis Gray & Company ha s conclud ed the audit of the Ci ty 's financial records
for fi sca l year 20 13 and p resented the rcp01t to the Commission on March 10,
20 14. lt is already time to plan for next year's audit, as the auditors work plan
includ es interim fieldwork over the summer. Therefore, it .is necessa ry to
execute the audit agreement extension engagement letter for services early in
the year.
BUDGET:
The original contract for audit services was awarded in 2010. The Auditor
Selection Comm itt ee 's recommendation , approved by the City Co mmi ssion,
aJi owed for an initial engagement of four years, plus two addit ional years, i f
service was satisfactory. A n engagement letter defines the legal re lationship
(or engagement) between a professional finn and their cli ents . lt primarily
addresses the scope, term s and conditions, and compensatio n for the
engagement. This engagement letter inc ludes the authority to proceed with the
final two years of the extension period, which is budgeted annua ll y. The base
fee for audit services wil1 not exceed $42,000 and $43,000 for 20 14 and 20 15,
respectively. If a Feder al or State Single Audit of our grants is requ ired, e.g.,
separate ly, Federal or State grant expenditures exceed $500,000 during the
year, then an additional $3,000 per Single Audit wou ld be added to the base
fees in that tiscal year. In consideration of the excelle nt service provided in
past yea rs, it is approp ri ate to exercise the two-year extension.
This expenditure crosses fiscal years due to the interim work perfom1cd in the
summer. There are suffi cie nt fund s i n the Finance Department budget for this
year's cost, and the rem aind er of the funds will be inc lu ded in subseq uent
yea r's budget recommendat ions.
RECOMMENDATION: Authorize the Ci ty Manager to s ign the two-year audit agreement
extension engagement lett er for services wi th Purvis, Gray & Company, based
on the excellent services provided , in accordance with the original four-year
contract provi s ions.
ATTACHMENT: March 12, 20 14 Audit Engagement Letter
ClTY MANAGER APPROVAL: Lf· ~ ;::kL
AGENDA ITEM II 4C
MAY 12,2014
GPurvis ray&. _____________________ C_o_m_Qany
March 12,2014
AUDIT ENGAGEMENT LETTER
Honorable Mayor, C ity Commiss ioners
a nd Mana gement
City of Atl a nti c Beach
800 Seminole Road
At lantic Beach, Florida 32233
We arc pleased to co nfi rm o ur und erstanding o f the serv ices we are to provide the City of Atlantic Beach,
Florid a (the City), fo1· the periods endi ng September 30, 201 4 and 20 15. We will audit the financial
statements of the govem mcn ta l ac tivi ti es, th e business-type acti vities, each maj or fund, and th e aggrega te
rema in ing fund informa tio n, in cludi ng the re lated notes to th e financia l statement s, whic h coll ective ly
co mprise th e basic financial statements of th e City as of and for the periods en din g Septembe r 30, 2014
and 20 15. Accou nting sta nd ards generall y acce pted in the United States of Amer ica provide for ce11a in
required supp le mentary inform ation (RS l), such as manage me nt's discussion and ana lysis (MD&A), to
s upp le ment the City's basic financia l sta tements. Suc h infonnation, a ltho ugh not a part of the bas ic
financial s tateme nt s, is req ui red by the Governmental Acco un ting Sta nd ard s Board who considers it to be
an essenti a l patt of fin a ncia l reporting fo •· pl ac in g the basic financia l state ment s in an ap propriate
operational , econom ic, or historical co nt ext. As part of ou r engagement, we will apply certain limited
procedures to the C ity 's RSI in accorda nce with aud iti ng standards ge ne ra ll y accepted in t he United
Stat es of America . Th ese limited pro ced ur es will cons is t of inqui ri es of management regardi n g th e
met hods of preparing th e information and co mpal'in g the in forma ti on for co ns istency w ith mana ge ment 's
re sponses to our inqui ries, th e basic fin anc ia l statemen ts, and other know ledge we obtained during ou r
au dit of th e bas ic fin ancia l s tate me nts. We will not exp ress an opi nio n or provide any assura nce on the
informati on because the lim ite d procedures do not provide us with s uffi cient evidence to exp ress an
opi ni o n or pro v id e any assura nce. The fo ll owin g RSf is requi red by genera ll y accepted acco untin g
pr incip les and will be s ubj ected to certain limited procedures, but will not be audite d:
I. Management 's Discussio n and Analysis
2 . Required Pension and Other Postretirement Em pl oy ment Benefits
3 . Major Fund Budgetary Information
We have a lso been engaged to repo rt on supplem entary info rmati on othe r tha n R SI t hat accomp a ni es the
City's financ ia l sta tement s. We will subject th e follow in g s up plemen tary infom1ation to the auditin g
procedures app lied in ou r audit of the financia l statements and certain add iti ona l proced ures, including
comparing and reconciling such information d irectly to the unde rl ying accou nting and other reco rd s used
to prepare th e fina11 c ial sta teme nts or· to the financ ial stateme nt s themselves, and othe r additiona l
procedures in accorda nce wi th a uditin g sta nd ards generally accepted in th e United States of America a nd
w ill provide an o p ini on on it in relation to the fin anc ial s tatements as a whole:
Ce rtifi ed Publ ic Ac counta nts
P.O . llfl\ 14 1270 . I 1 1 N.[. 1 ~1 Sl rccl. Gain r sv ille, rlorida 326 14 -1270. ( l 'i).) '178-246 1 • FAX (3521 178-2'i05
Laure l Rid ge Professi onal Ce nter • .1:~4 7 S.E. 17th ~r ree r • Oca l fl, Fl orida 344 7 1 • ('1 ~2) 732-J f\72 • FAX f 352) 7J2-0 542
4 43 Edsl Co llcgr. Avenu e: • Ta ll a has~cc, Florida 32.3 01 • IHSOJ 22 4 -7 144 • FAX (8 51 1) 224-17&2
500 1 Lilkcwood Ranch Bl vd . N., Suit £' 101 • Sa ra~ol a, Florid,1 1424 0 • (<J41) 907-0350 • FAX 1941 ) CJ07 -0109
MU.I~LR't O r A\IIRII':AN liN D nOR In A II-6TifUT(S (If Cl krll IW PUIJtl( ACCOU NTANTS
•IIMII/1. ••r .\.\1/kil ·\NIS\111\111 o • f klll/ffl l'l 1111, '''' ''"'~NJ\I'KI\~T· ri•IIIIW-.11'. ·\'P~I • ""' I• I'"' llr •~·'
Honorable Mayor, City Commissioners
and Management
City of Atlantic Beach
Atlantic Beach, Florida
1. Schedule of Expenditures of Federal Awards
-2-
2. Combining Nonmajor and Fiduciary Fund Statements
3. Schedule of Source and Expenditure of City Grant Funds
4. Historical Revenues and Expenses
5. Schedules of Net Revenues in Accordance with Bond Resolutions
AGENDA ITEM# 4C
MAY 12,2014
March 12, 2014
The following other information accompanying the financial statements will not be subjected to the
auditing procedures applied in our audit of the financial statements, and our auditors' report will not
provide an opinion or any assurance on that other infonnation.
1. Statistical Supporting Schedules
Audit Objectives
The objective of our audit is the expression of opinions as to whether your basic financial statements are
fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles
and to report on the fairness of the supplementary information referred to in the second paragraph when
considered in relation to the financial statements as a whole. The objective also includes repmting on:
11 Internal control related to the financial statements and compliance with the provisions of laws,
regulations, contracts, and grant agreements, noncompliance with which could have a material effect
on the financial statements in accordance with Government Auditing Standards.
111 Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance
with laws, regulations, and the provisions of contracts or grant agreements that could have a direct
and material effect on each major program in accordance with the Single Audit Act Amendments of
1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
and Chapter 10.550, Rules ofthe Auditor General of the State of Florida.
The reports on internal control and compliance will each include a paragraph that states that the purpose
of the report is solely to describe: (1) the scope of testing of internal control over financial repmting and
compliance and the result of that testing and not to provide an opinion on the effectiveness of internal
control over financial reporting or on compliance; (2) the scope of testing internal control over
compliance for major programs and major program compliance and the result of that testing and to
provide an opinion on compliance but not to provide an opinion on the effectiveness of internal control
over compliance; and (3) that the report is an integral part of an audit performed in accordance with
Government Auditing Standards in considering internal control over financial reporting and compliance
and OMB Circular A-133 in considering internal control over compliance and major program compliance.
The paragraph will also state that the report is not suitable for any other purpose.
Our audit will be conducted in accordance with auditing standards generally accepted in the United States
of America; the standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions
ofOMB Circular A-133, and will include tests of accounting records, a determination of major program(s)
in accordance with OMB Circular A-133; and the provisions of Chapter 10.550, and other procedures we
consider necessary to enable us to express such opinions and to render the required reports. We cannot
provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is
necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our
opinions on the financial statements or the Single Audit compliance opinions are other than unmodified,
we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit
or are unable to form or have not fonned opinions, we may decline to express opinions or to issue a report
as a result of this engagement.
Honorable Mayor, City Commissioners
and Management
City of Atlantic Beach
Atlantic Beach, Florida
Management Responsibilities
-3-
AGENDA ITEM# 4C
MAY 12,2014
March 12, 2014
Management is responsible for the basic financial statements, schedule of expenditures of federal awards,
and all accompanying information as well as all representations contained therein. Management is also
responsible for identifying government award programs and understanding and complying with the
compliance requirements, and tor preparation of the schedule of expenditures of federal awards and state
financial assistance in accordance with the requirements of OMB Circular A-133 and Chapter 10.550, Rules
qf the Auditor General. As part of the audit, we will assist with preparation of your financial statements,
schedule of expenditures of federal awards and state financial assistance, and related notes. You will be
required to acknowledge in the written representation letter our assistance with preparation of the financial
statements and schedule of expenditures of federal awards and state financial assistance and that you have
reviewed and approved the financial statements, schedule of expenditures of federal awards and state
financial assistance, and related notes prior to their issuance and have accepted responsibility for them. You
agree to assume all management responsibilities for any nonaudit services we provide; oversee the services
by designating an individual, preferably from senior management, who possesses suitable skill, knowledge,
or experience; evaluate the adequacy and results of the services; and accept responsibility for them.
Management is responsible for establishing and maintaining effective internal controls, including internal
controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that
appropriate goals and objectives are met and that there is reasonable assurance that government programs
are administered in compliance with compliance requirements. You are also responsible for the selection
and application of accounting principles; for the preparation and fair presentation of the financial
statements in conformity with U.S. generally accepted accounting principles; and for compliance with
applicable laws and regulations and the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information available to us
and for ensuring that management is reliable and financial information is reliable and properly recorded.
You are also responsible for providing us with: (1) access to all information of which you are aware that
is relevant to the preparation and fair presentation of the financial statements; (2) additional information
that we may request for the purpose of the audit; and (3) unrestricted access to persons within the
government from whom we determine it necessary to obtain audit evidence.
Your responsibilities also include identifying significant vendor relationships in which the vendor has
responsibility for program compliance and for the accuracy and completeness of that information. Your
responsibilities include adjusting the fmancial statements to correct material misstatements and
confirming to us in the written representation letter that the effects of any uncorrected misstatements
aggregated by us during the current engagement and pertaining to the latest period presented are
immaterial, both individually and in the aggregate, to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect
fraud, and for informing us about all known or suspected fraud affecting the government involving:
(1) management; (2) employees who have significant roles in internal control; and (3) others where the
fraud could have a material effect on the financial statements. Your responsibilities include informing us
of your knowledge of any allegations of fraud or suspected fraud affecting the government received in
communications from employees, former employees, grantors, regulators, or others. In addition, you are
responsible for identifying and ensuring that the City complies with applicable laws, regulations,
contracts, agreements, and grants. Additionally, as required by OMB Circular A-133 and Chapter I 0.550,
Rules of the Auditor General, it is management's responsibility to follow up and take corrective action on
reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action
plan. The summary schedule of prior audit findings should be available for our review on the
commencement of fieldwork.
Honorable Mayor, City Commissioners
and Management
City of Atlantic Beach
Atlantic Beach, Florida
Management Responsibilities (Concluded)
-4-
AGENDA ITEM# 4C
MAY 12,2014
March 12, 2014
You are responsible for preparation of the schedule of expenditures of federal awards and state financial
assistance in conformity with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General.
You agree to include our report on the schedule of expenditures of federal awards and state financial
assistance in any document that contains and indicates that we have reported on the schedule of
expenditures of federal awards or state financial assistance. You also agree to include the audited
financial statements with any presentation of the schedule of expenditures of federal awards and state
financial assistance that includes our repmi thereon. Your responsibilities include acknowledging to us in
the written representation letter that: ( 1) you are responsible for presentation of the schedule of
expenditures of federal awards and state financial assistance in accordance with OMB Circular A-13 3 and
Chapter 10.550, Rules of the Auditor General; (2) that you believe the schedule of expenditures of federal
awards and state financial assistance, including its form and content, is fairly presented in accordance
with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General; (3) that the methods of
measurement or presentation have not changed from those used in the prior period (or, if they have
changed, the reasons for such changes); and ( 4) you have disclosed to us any significant assumptions or
interpretations underlying the measurement or presentation of the schedule of expenditures of federal
awards and state financial assistance.
You are also responsible for the preparation of the other supplementary infonnation, which we have been
engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include
our repmt on the supplementary information in any document that contains and indicates that we have
reported on the supplementary information. You also agree to include the audited financial statement<> with
any presentation of the supplementary information that includes our report thereon. Your responsibilities
include acknowledging to us in the written representation letter that: (I) you are responsible for presentation
of the supplementary information in accordance with GAAP; (2) that you believe the supplementary
information, including its fmm and content, is fairly presented in accordance with GAAP; (3) that the
methods of measurement or presentation have not changed from those used in the prior period (or, if they
have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or
interpretations underlying the measurement or presentation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of audit
findings and recommendations. Management is also responsible for identifying for us previous financial
audits, attestation engagements, performance audits, or other studies related to the objectives discussed in
the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions
taken to address significant findings and recommendations resulting from those audits, attestation
engagements, petformance audits, or studies. You are also responsible for providing management's
views on our current findings, conclusions, and recommendations, as well as your planned corrective
actions, for the report, and for the timing and format for providing that information.
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactions to be
examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting
policies used and the reasonableness of significant accounting estimates made by management, as well as
evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain
reasonable rather than absolute assurance about whether the financial statements are free of material
misstatement, whether from: (1) errors; (2) fraudulent financial reporting; (3) misappropriation of assets; or
Honorable Mayor, City Commissioners
and Management
City of Atlantic Beach
Atlantic Beach, Florida
Audit Procedures-General (Concluded)
-5-
AGENDA ITEM# 4C
MAY 12,2014
March 12, 2014
(4) violations of laws or governmental regulations that are attributable to the City or to acts by management
or employees acting on behalf of the City. Because the determination of abuse is subjective, Government
Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control,
and because we will not perform a detailed examination of all transactions, there is a risk that material
misstatements or noncompliance may exist and not be detected by us, even though the audit is properly
planned and performed in accordance with U.S. generally accepted auditing standards and Government
Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations
of laws or governmental regulations that do not have a direct and material effect on the financial
statements or major programs. However, we will infonn the appropriate level of management of any
material elTors, any fraudulent financial reporting, or misappropriation of assets that come to our attention.
We will also inform the appropriate level of management of any violations of laws or governmental
regulations that come to our attention, unless clearly inconsequential, and of any material abuse that
comes to our attention. We will include such matters in the reports required for a Single Audits. Our
responsibility as auditors is limited to the period covered by our audit and does not extend to any later
periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the
accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals, funding
sources, creditors, and financial institutions. We will request written representations from your attorneys as
part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit,
we will require ce1tain written representations from you about the financial statements and related matters.
Audit Procedures-Internal Control
Our audit will include obtaining an understanding of the City and its environment, including internal
control, sufficient to assess the risks of material misstatement of the fmancial statements and to design the
nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the
effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud
that are material to the financial statements and to preventing and detecting misstatements resulting from
illegal acts and other noncompliance matters that have a direct and material effect on the financial
statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on
internal control and, accordingly, no opinion will be expressed in our report on. internal control issued
pursuant to Government Auditing Standards.
As required by OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, we will perform
tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that
we consider relevant to preventing or detecting material noncompliance with compliance requirements
applicable to each major federal award program. However, our tests will be less in scope than would be
necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our
report on internal control issued pursuant to OMB Circular A-133 and Chapter 10.550.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or
material weaknesses. However, during the audit, we will communicate to management and those charged
with governance internal control-related matters that are required to be communicated under American
Institute of Certified Public Accountants professional standards, Government Auditing Standards, OMB
Circular A-133, and Chapter 10.550, Rules ofthe Auditor General.
Honorable Mayor, City Commissioners
and Management
City of Atlantic Beach
Atlantic Beach, Florida
Audit Procedures-Compliance
-6-
AGENDA ITEM# 4C
MAY 12,2014
March 12, 2014
As part of obtaining reasonable assurance about whether the financial statements are free of material
misstatement, we will perform tests of the City's compliance with provisions of applicable laws,
regulations, contracts, and agreements, including grant agreements. However, the objective of those
procedures will not be to provide an opinion on overall compliance and we will not express such an
opinion in our report on compliance issued pursuant to Government Auditing Standards.
OMB Circular A-133 and Chapter 10.550 requires that we also plan and perform the audit to obtain
reasonable assurance about whether the auditee has complied with applicable laws and regulations and the
provisions of contracts and grant agreements applicable to major programs. Our procedures will consist
oftests of transactions and other applicable procedures described in the OMB Circular A-133 Compliance
Supplement, and Department of Financial Services' State Projects Compliance Supplement, for the types
of compliance requirements that could have a direct and material effect on each of the City's major
programs. The purpose of these procedures will be to express an opinion on the City's compliance with
requirements applicable to each of its major programs in our report on compliance issued pursuant to
OMB Circular A-133.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we
request and will locate any documents selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection
Form that summarizes our audit findings. It is management's responsibility to submit the reporting
package (including financial statements, schedule of expenditures of federal awards and state financial
assistance, summary schedule of prior audit findings, auditors' reports, and corrective action plan), along
with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the
electronic submission and certification. If applicable, we will provide copies of our report for you to
include with the reporting package you will submit to pass-through entities. The Data Collection Form
and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors'
reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by
the cognizant or oversight agency for audits.
The audit documentation for this engagement is the property of Purvis, Gray and Company, LLP and
constitutes confidential information. However, pursuant to authority given by law or regulation, we may
be requested to make certain audit documentation available to a federal or state agency or its designee, a
federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for
purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight
responsibilities. We will notify you of any such request. If requested, access to such audit documentation
will be provided under the supervision of Purvis, Gray and Company, LLP personnel. Furthermore, upon
request, we may provide copies of selected audit documentation to the aforementioned parties. These
parties may intend, or decide, to distribute the copies or information contained therein to others, including
other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the report
release date or for any additional period requested by the federal or state agency. lf we are aware that a
federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the
party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.
Honorable Mayor, Ci ty Comm iss ioners
and Manageme nt
City of Atlantic Beach
Atlantic Benc h, Florida -7-
En ga~c m cnt Administratio n , Fees, a nd O th er (Concluded)
AGENDA ITEM# 4C
MAY 12,2014
March 12,2014
We expect to begi n our audit in approximately November 2014 and 20 15 and to issue our reports no later
than March 3 1, 2015 and 2016 for th e 20 14 and 2015 audits , respecti vely. I wi ll be the engagement
partne r and will be respo nsible fo r superv ising the engagemen t and signing the reports or authorizing
another indiv idua l to sig n t hem. Our fee for these services wi ll be at our standard hou rl y rates plu s out-
of-pocket costs (such as report reproduction, word process ing , postage, trave l, cop ies, te lep hone, etc.)
except th at we agree that our gross fee, inc lu di ng ex pe nses , wi ll not exceed $42,000 and $43,000 for t he
years 2014 and 2015, respective ly. If a Federal or State Single Aud it is require d, th e fee will increase
$3,000 fo r each Sing le Audit required . Our standal'd hourly rates vary according to the degree of
res ponsibi li ty invo lved and the experience leve l of the personnel assigned to yo ur aud it. Our invoices fo r
these fees w ill be re nde red each month as work progresses and are payab le on presentatio n. If we elect to
ter min ate ou r services for nonpayment, ou r engageme nt will be dee med to have bee n comp le ted upon
wr itten notifica tio n of termi na t io n, even if we have not completed our reports. You wi ll be obl iga ted to
compensate us for a ll time expended and to rei mbu rse us for a ll out-of-pocket costs throug h the date of
te rmi nation. Tho above fee is based on antici pated coope ration fro m your personnel and tl te as sumpti on
that un expected circumstances wi ll no t be encountered duri ng the audit. If significant additional time is
necessary , we w il l discuss it with you and arrive at a new fee estimate before we incur the additional costs.
We appreciate the oppo rtunity to be of serv ice to the C ity of Atla ntic 13eac h, F lorida, and believe thi ~
letter acc ur ate ly s umm arizes the s ignificant te rm s of ou r engRgcment. If you have any questions, p lease
let us know . lf you agree w it h the te rm s of om engageme nt as described in this letter, p lease s ign t he
enc losed copy and return it to us.
Very t rul y yo urs ,
PURV IS, GRAY AND COMPANY, LLP r-·-;;;
"'
RDW/pab
RES P ONSE:
Ronald D. Whi tes ides, C.P .A.
1\ ud it Pa rt ner
Thi s le tter co rrectly sets fo 11 h the u11 dersta ndi ng of the Ci ty of Atlantic Beach, Flor ida.
Management s ig naC u rc: ---------
Title:
Date:
AGENDA ITEM:
SUBMITTED BY :
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAF F REPORT
AGENI>A ITEM II 4D
MAY 12.2014
Annua l Contra ct -La nd scape Maint ena nce at Atlantic Bl vd.
Med ians, Mayport Road Median~ & Flyove r areas , and Town
Ce nter, Hopkin s Creek Pond s, City Park s & Com mon Areas
Ri ck Carper, P.E., Publi c Works Di rec to r /~
Marc h 28 , 20 14
BACKGROUND: The annu al co nt ract for Land scape Mai nte nan ce of Atlantic Bl vd.
Medians , Mayport Road Medians & Flyovcr ar eas, and Town Ce nter, Hopkin s Creek
Pond s, City Parks & Comm on Areas wi ll exp ir e on September 30, 201 4. Staff ha s
contacted Tom Row lan d Jr., Pr es id ent of R&D Landscape & Irri gatio n, Inc . abo ut
renewing the contract for anoth er year at the same rate. Mr. Row land has agreed to
ex tendin g the co nt ract.
The City has the opti o n of extending th e current contract for two (2) one (I) yea r
peri ods . T his proposed ex tension would be the first. R&D's perfonnance and
responsiveness in th e city 's needs of this co ntra ct has bee n excepti ona l.
The Ci ty of Jacksonville wi ll mos t likel y to extend th e contra ct so th at they could
continue pi ggyback for R & D Landscape to maintain th e 11 medians on Mayport Ro ad
th at are within CO J limits to ensure the entire con·idor is maint ain ed to the same stan dard .
BUDGET: For FY 13-14 , fund s are budgeted as follows:
00 1-5002-54 J -3400 --$26,896 .00
00 1-5002-54 1-3402--$14,100.00
001-500 1-54 1-3403 --$17,195.00
001-6020-572-3400--$66.000.00
$124,19 1.00
REC OMME NDATION: Ex tend the contract with R & D La ndsca pe & Irr igation for o ne
yea r at th e rate of$55,620.00 for Streets and $63,489.00 for Parks for a total cos t of
$11 9 1 09.00.
ATTACHMENTS: Letter sign by Tom Row land , Jr. Pres ident of R&D Landscape &
Irri gat ion , Lnc.
REVIEWED BY CITY MANAGER: ....:::}Z)~:...__-+.~,c....0_z_/7.,_L4t_,.i;__ __
AGENDA ITEM# 40
MAY 12,2014
CITY OF ATLANTIC BEACH
DEPARTMENT OF PUBLIC WORKS
1200 SANDPIPER LANE
ATLANTIC BEACH, FLORIDA 32233-4318
TELEPHONE: (904) 247-5834
March 27,2014
Tom Rowand Jr.
President
R & D Landscape & Irrigation, Inc.
8850 Corporate Square Ct.
Jacksonville, Florida 32216
Dear Mr. Rowland:
FAX: (904) 247-5843
SUNCOM: 852-5834
www.coab.us
As you are aware, the contract with the City of Atlantic Beach for annual contract for landscape
maintenance expires on September 30,2014. We would like to extend the contract for another
year at the current prices, if this is acceptable to your company. If acceptable, please sign below
and return to me, so I can prepare a staff report for the City Commission to accept the extension.
We look forward to recommending that we continue our contract with your company.
s~·~
Phil Nodine
Streets and Maintenance
Division Director
R & D LANDSCAPE & IRRIGATION~ INC. AGREES TO EXTEND THE CONTRACT
FOR ~OR THE SAME PRICE.
• 1-27-lY
Tom Roland lr_, President Date
CITY OF ATLANTIC BEACH
ClTY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ha zard Mitigation Grant for Donner Subdi vision Sewer Upgrades
SUBMITTED BY: Donna Kaluzni.ak, CEP, Uti lity Dirccto ~
OA TE: April 18, 20 14
STRATEGIC PLAN LINK: None
AGENDA ITEM II 41~
MAY 12,2011\
BACKGROUND: The Hazard Miti gation Grant Program (IrMGP) was establis hed by the Federal
Government through the Stafford Act. It is ad mini stered by FEMA and managed by the Florida Division of
Emergency Management. Staff submitted a Ha zard Ytitigation Grant application for sewer rehabilitation in
January 2013 fo r Donner Subdivision Sewer Upgrades Phase H.
Th is project is part of an overall sewer reha bilitati on pla n th at was out lined in Lhe City's 2000 Sewer Master
Plan, and again inc lu ded in the 2006 Sewer Master Plan Update. The wastewa ter co ll ection system in Lhe
targeted area of the Cit y consists of old vitreous clay pipe that is susceptib le to cracking and leaking and old
brick manholes that are prone to severe detetioration.
Rehab ilit ating the sewer mains with cured-in-pl ace pipe is a very cost-effect ive and qui ck me ans to alleviate
ra infa ll inflow and infiltrat ion. Manho les will be rehabilltated and lin ed with a specia lt y coa tin g.
Staff received notification of the grant award on April 11 , 20 14. Four copies of the signed Agreement must be
sent to th e florida Division ofEmcrgcncy Management by May 16,20 14.
BUDGET: A tota l of$155,000 was budgeted for the project unde r accoun t numb er 410-5508 -535-6300. The
tota l cost ofthe pmject is $155 ,000 and the gran t requires a 25% local match of$38,750. The City will be
reimbursed for the $116,250 HMGP sha re as th e project is completed.
RECOMMENDATIONS: To autho ri ze the Mayor to sign the gra nt Agreement.
ATTACHMENTS: HM GP Agreement
REVIEWED BY CJTY MANAGER:'-2tt/a.nt2(C?r,f
Contract Number: 14HM-6B-04-26-02-__ _
Project Number: 4068-04-R
FEDERALLY-FUNDED SUBGRANT AGREEMENT
AGENDA ITEM# 4E
MAY 12,2014
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division") and the City of Atlantic
Beach, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein: and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS, AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties, and shall end June 30, 2015, unless
terminated earlier in accordance with the provisions of Paragraph ( 12) of this Agreement.
(4) MODIFICATIONS OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are
agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original
of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
Federal OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No. A-11 0, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Educations, Hospitals, and Other Non-Profit Organizations," and either OMB Circular No. A-87, "Cost
AGENDA ITEM# 4E
MAY 12,2014
Principles for State, Local and Indian Tribal Governments," OMB Circular No. A-21, "Cost Principles for
Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Non-Profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all sub-contractors and consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000
or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing of the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors of
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs in a form sufficient to determine compliance with the requirements and objectives of the Budget and
Scope of Work-Attachment A-and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be
paid from funds provided under this agreement, shall allow access to its records at reasonable times to
the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of 8:00a.m. to 5:00pm., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
{b) These records shall be available at reasonable times for inspection, review, or audit by
state personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean
normal business hours of 8:00a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with records, reports and financial statements
upon request for the purpose of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in
OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal
awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
2
AGENDA ITEM# 4E
MAY 12,2014
accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMS Circular A-133, as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMS
Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph (6)(d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMS Circular A-133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMS Circular
A-133, as revised, and required by subparagraph (d) above, when required by Section .320(d} OMS
Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at
http://ha rvester. census. gov /fac/collect/d dei ndex. htm I
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f)
OMS Circular A-133, as revised.
(f) Pursuant to Section .320(f}, OMS Circular A-133, as revised, the Recipient shall send a
copy of the reporting package described in Section .320(c), OMS Circular A-133, as revised, and any
management letter issued by the auditor to the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Division pursuant to this Agreement in accordance with OMS Circular A-133, Florida
Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General, as applicable.
3
AGENDA ITEM# 4E
MAY 12,2014
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General.
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public
Accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above.
The audit must be received by the Division no later than nine months from the end of the Recipient's
fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all sub-recipients and
subcontractors in completing the work described in the Scope of Work and the expenditures of funds
under this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates of each quarter of the program year are March 31, June 30, September 30,
and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
4
AGENDA ITEM# 4E
MAY 12,2014
In addition to reviews of audits conducted in accordance with Paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/
processes deemed appropriate by the Division. In the event that the Division determines that a limited
scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Florida
Statutes: the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result
in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts of omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Division
to make further payment of funds shall, if the Division elects, terminate and the Division has the option to
exercise any of its remedies set forth in Paragraph ( 11 ). However, the Division may make payments or
partial payments after any Events of Default without waving the right to exercise such remedies, and
without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement of any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time
during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days
from the date written notice is sent by the Division;
5
AGENDA ITEM# 4E
MAY 12,2014
(c) If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
{d) If the Recipient has failed to perform and complete on time any of its obligations under
this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of
the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class
mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
Paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
{d) Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds;
(e) Exercise any corrective or remedial actions, to include but not limited to:
1. Request additional information from the Recipient to determine the reasons for or
the extent of non-compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs for any
activities in question, or
4. Require the Recipient to reimburse the Division for the amount of costs incurred for
any items determined to be ineligible.
(f) Exercise any other rights or remedies which may be available under law;
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Florida Statute, as amended.
6
AGENDA ITEM# 4E
MAY 12,2014
(b) The Division may terminate this Agreement for convenience or when it determines, in its
sole discretion that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement. The amendment will state the effective date of the termination
and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations
for the termination portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due to the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Ms. Kathleen Marshall
Bureau of Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
Email: kathleen.marshall@em .myflorida .com
(c) The name and address of the Representatives of the Recipient responsible for the
administration of this Agreement is:
Mr. Victor Gualillo, Commander
850 Seminole Boulevard
Atlantic Beach, florida 32233
Telephone: (904) 247-5859
Fax: (904) 247-5867
Email:vqualillo@coab.us
(d) In the Event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
7
(14) SUBCONTRACTS
AGENDA ITEM# 4E
MAY 12,2014
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontract is bound by the
terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida
Statutes.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1-Funding Sources
Attachment A-Budget and Scope of Work
Attachment B-Program Statutes and Regulations
Attachment C-Statement of Assurances
Attachment D -Request for Advance or Reimbursement
Attachment E -Justification of Advance
Attachment F -Quarterly Report Form
Attachment G -Warranties and Representations
Attachment H -Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion
Attachment I-Federal Funding Accountability and Transparency Act
Instruction and Worksheet
8
(17) FUNDING/CONSIDERATION
AGENDA ITEM# 4E
MAY 12,2014
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed $116,250.00,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181 ( 16), Florida
Statutes, and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, and advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the
Cash Management Improvement Act of 1990. All advances are required to be held in an interest-bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in the Agreement as Attachment E. Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use of
these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advance payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that "all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
requirements of applicable OMB Circular Cost Principles. The final invoices shall be submitted within
sixty (60) days after the expiration date of the Agreement. An explanation of any circumstances
prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part
of the Recipient's quarterly reporting as referenced in Paragraph (7) of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the Federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19) (h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Division of Emergency Management" and mailed directly to the following address:
9
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
AGENDA ITEM# 4E
MAY 12,2014
In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division
for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later
submission or response to a Division request, or in any submission or response to fulfill the requirements
of this Agreement. All of said information, representations, and materials is incorporated by reference.
The inaccuracy of the submissions or any material changes shall, at the option of the Division and with
thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the
Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for
any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of
this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 United States Code (U.S.C.), Section 12101 et seq.), which prohibits discrimination by public and
private entities on the basis of disability in employment, public accommodations, transportation, State and
local government services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000 for a period of 36 months from the date of being placed on the convicted vendor list or
on the discriminatory vendor list.
10
AGENDA ITEM# 4E
MAY 12,2014
(g) Any Recipient which is not a local government of state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it
and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public {federal, state or local) transaction or
contract under public transaction; violation of federal or state antitrust statute or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity {federal, state or local} with commission of any offenses enumerated in
paragraph (19)(g)2 of this certification; and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions {federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
{h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Florida Statutes or the Florida Constitution.
(i} All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
U) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Florida Statutes.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of chapter 119, Florida Statues, which the Recipient created or received under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
11
AGENDA ITEM# 4E
MAY 12,2014
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 27 4A (e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011,
Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All of these meetings shall be publicly
noticed, open to the public, and the minutes of all meetings shall be public records, available to the public
in accordance with Chapter 119, Florida Statutes.
(o) All unmanufactured and manufactured articles, material and supplies which are acquired
for public use under this Agreement must have been produced in the United States as required under 41
U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Recipient, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, and officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbing Activities."
3. The Recipient shall require that this certification be included in the award
documents for all sub-awards (including subcontracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all sub-recipients shall certify and disclose.
12
AGENDA ITEM# 4E
MAY 12,2014
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31 U.S.C. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights
and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under subparagraph {b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The
Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
13
(23) ASSURANCES
AGENDA ITEM# 4E
MAY 12,2014
The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: CITY OF ATLANTIC BEACH
By: ________________ _
Name and Title: _____________ _
Date: ___________ _
FEID#: __________ _
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________ _
Name and Title: __ ---'B=r'-"y"""a'"'"n...:.W-'-'.'-'K_,o"""o'"'""n"-. =D..:..:.ir=ec=t"'-o'-r __ _
Date: ____________ __
14
EXHIBIT -1
AGENDA ITEM# 4E
MAY 12,2014
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federal Program: Federal Emergency Management Agency: Hazard Mitigation Grant
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $116,250.00
THE FOLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• OM B Circular A-11 0 Uniform Administrative Requirements for Grants and Cooperative
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations
• OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative
Agreements with State and Local Governments
• OMB Circular A-87 Cost Principles for State and Local Governments
• OMB Circular A-21 Cost Principles for Educational Institutions
• OMB Circular A-133 Audits of State, Local Governments, and Non Profit Organizations
Commonly Applicable Statutes and Regulations
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,
as amended, 42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361(A) of the National Flood Insurance Act of 1968 (NFIA, or "the Act"), 42
U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994 (NFIRA),
Public Law 103-325 and the Bunning-Bereuter-Biumenauer Flood Insurance Reform Act of
2004, Public Law 108-264
• Title 44 of the Code of Federal Regulations (CFR)
• 44 CFR Part 80 Property Acquisition and Relocation of Open Space
• 44 CFR Part 10 Environmental Considerations
• 44 CFR Part 13 Uniform Administrative Requirements for Grants and cooperative
Agreements to State and Local Governments
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities:
• Localized Minor Drainage Improvement
• Intermediate Stormwater Drainage System
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1
be provided to the Recipient.
15
Attachment A
Budget and Scope of Work
Scope of Work
AGENDA ITEM# 4E
MAY 12,2014
As a Hazard Mitigation Grant Program project, the Recipient, the City of Atlantic Beach, will upgrade an
existing sewer system to eliminate intrusion of storm water into the sanitary sewer system thereby
eliminating sewer overflows, backups, and sewer and roadway cave-ins, as well as excess flow to the
wastewater treatment plant. Specifically, the project consists of using trenchless technology to install
cured in pipe within approximately 3,050 linear feet of existing 8" and 10" diameter sewer main, and
provide a specialty coating on approximately 17 sewer manholes. The project will provide a 5-year storm
protection for 66 structures in Donner Subdivision. The project is located in the Donner Subdivision,
Atlantic Beach, Duval County, FL 32233 bounded by the following coordinates: NW: 30.34173,-81.41328;
NE: 30.34172, -81.41124; SW: 30.33439,-81.41491; SE: 30.33509, -81.40987.
The recipient shall procure the services of a qualified and licensed Florida contractor and execute a
contract with the selected bidder to complete the scope of work as approved by the Division and FEMA.
The recipient shall select the qualified, licensed Florida contractor in accordance with the recipient's
procurement policy as well as all federal and state laws and regulations. All procurement activities will
contain sufficient source documentation and be in accordance will all applicable regulations.
The recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools,
transportation and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the recipient and subsequently approved by the Division
and FEMA.
The recipient and contractor shall be responsible for maintaining a safe and secure worksite for the
duration of the work. The contractor shall maintain all work staging areas in a neat and presentable
condition.
The recipient shall ensure that no contractors or subcontractors are debarred or suspended from
participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt issued for
the type of services being performed.
The recipient shall monitor and manage the installation of cured pipe within approximately 3,050 linear
feet of existing 8" and 1 0" diameter sewer main, and provide a specialty coating on approximately 17
sewer manholes using trenchless technology which will provide protection to 66 structures in the Donner
Subdivision, in accordance with all applicable state, local and federal laws and regulations.
The project consists of the general construction and furnishing of all materials, equipment and labor, and
incidental work to provide a complete and serviceable project.
16
AGENDA ITEM# 4E
MAY 12,2014
Construction activities will be completed by a qualified and licensed Florida contractor. All construction
activities will be monitored by a qualified engineer. The recipient must complete the project in accordance
with all required permits. All work will be completed in accordance with applicable codes and standards.
Upon completion of the work, the recipient will schedule and participate in a final inspection of the
completed project. Any deficiencies found during this final inspection will be corrected by the recipient
prior to recipient's submittal of the final inspection request to the Division.
During the course of this agreement the recipient is required to submit requests for reimbursement.
Adequate and complete source documentation is required to be submitted to support all costs (federal
share and local share) related to the project. In some cases, all project activities may not be fully
complete prior to requesting reimbursement of costs incurred in completion of this scope of work;
however, a partial reimbursement may be requested.
The recipient is required to submit an Affidavit signed by the recipient's project manager with each
reimbursement request attesting to the completion of the work, disbursements or payments were made in
accordance with all agreement and regulatory conditions, and that reimbursement is due and has not
been previously requested.
The recipient must maintain accurate time records. The recipient must ensure invoices are accurate and
any contracted services were rendered within the terms and timelines of this agreement. All supporting
documentation must agree with the requested billing period. All costs submitted for reimbursement must
contain adequate source documentation which may include but not be limited to: cancelled checks, paid
bills and invoices, payrolls, time and attendance records, contract and subcontract award documents.
Construction Expenses: The recipient will pre-audit bills, invoices, and/or charges submitted by the
contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices,
and/or charges. Recipient will ensure that all contractor/subcontractor bills, invoices, and/or charges are
legitimate and clearly identify the activities being performed and associated costs.
Project Management Expenses: The recipient shall pre-audit source documentation such as payroll
records, project time sheets, attendance logs, etc. Documentation shall be detailed information
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour
including enough information to calculate the hourly rates based on payroll records. Employee benefits
must be clearly shown.
The Division will review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division will ensure that no unauthorized work was completed prior to the approved project
start date by verifying vendor and contractor invoices. The Division will verify that reported costs were
incurred in the performance of eligible work, that the approved work was completed, and that the
mitigation measures are in compliance with the approved scope of work prior to processing any requests
for reimbursement.
Review and approval of any third party in-kind services, if applicable, will be conducted by the Division in
coordination with the recipient. Quarterly reports must be submitted by the recipient and received by the
Division at the times provided in this agreement prior to the processing of any reimbursement.
17
Deliverables
Deliverable 1
AGENDA ITEM# 4E
MAY 12,2014
The recipient will provide documentation demonstrating the results of the procurement process. This will
include a rationale for the method of procurement and selection of contract type, contractor selection
and/or rejection and bid tabulation and listing, and the basis of contract price.
The recipient will provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form"
for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors will be provided to the Division by the
recipient.
The recipient will provide copies of professional licenses for contractors selected to perform services.
The recipient shall provide a copy of a current and valid occupational license or business tax receipt
issued for the type of services to be performed by selected contractor.
Deliverable 2
Upon completion of Task 2, the recipient will submit a final copy of the project's as-built drawings and
necessary supporting documentation, and will provide a summary of all contract scope of work changes,
if any. Additional documentation will include:
1. Copy of the notice of commencement
2. Certified Letter of Completion from Engineer or Record: The recipient's Engineer of Record shall
provide a formal certificate or letter affirming that the project has been completed in conformance
with the approved project drawings and specifications.
3. Photographs of completed project sites
Deliverable 3
The recipient shall submit to the Division requests for reimbursement of actual construction and project
management costs related to the project. The requests for reimbursement will include:
1. Contractor, subcontractor, and/or vendor invoices which clearly display dates of services
performed, description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information.
2. Proof of payment from the recipient to the contractor, subcontractor, and/or vendor for invoiced
services.
3. Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount.
The recipient's final request for reimbursement should include the final construction project cost.
Supporting documentation must show that all contractors and subcontractors have been paid.
Project Conditions:
1. The recipient must follow all applicable state, local and federal laws regulations and
requirements, and obtain (before starting project work) and comply with all required permits and
18
AGENDA ITEM# 4E
MAY 12,2014
approvals. Failure to obtain all appropriate federal, state, and local environmental permits and
clearances may jeopardize federal funding. If project work is delayed for a year or more after the
date of the categorical exclusion (CATEX), then coordination with and project review by
regulatory agencies must be redone.
2. Any change, addition or supplement to the approved Scope of Work that alters the project
(including other work not funded by FEMA, but done substantially at the same time), regardless of
the budget implications, will require re-submission of the application to FEMA through the Division
for National Environmental Policy Act (NEPA) re-evaluation before starting project work.
3. If ground disturbing activities occur during construction, applicant will monitor ground disturbance
and if any potential archeological resources are discovered, will immediately cease construction
in that area and notify the State. The recipient, or other designee, should contact the Florida
Department State, Division of Historical Resources, Review and Compliance Section at
850.245.6333 or 800.847.7278, as well as the Division and FEMA. Project activities should not
resume without verbal and/or written authorization for the Division of Historical Resources and
FEMA. In the event that unmarked human remains are encountered during permitted activities, all
work shall stop immediately and the proper authorities notified in accordance with Section 872.05,
Florida Statutes.
4. Construction vehicles and equipment used for this project shall be maintained in good working
order to minimize pollutant emissions.
Financial Consequences
If the City of Atlantic Beach fails to comply with any term of the award, the Division shall take one or more
of the following actions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the recipient;
2. Disallow all or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the current award for the recipient's program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
This is FEMA project 4068-04-R, funded under 4068-DR-FL.
The Period of Performance for this project ends on June 30, 2015.
Schedule of Work
State and Local Contracting Process
Bidding Process and Award
Clean and CCTV
Install Cured-in-Place-Pipe (CIPP)
Line Manholes with Spectra shield
Site Cleanup and Sodding
Local Final Inspection and Punch list Completion
State Final Inspection:
State Closeout:
Total Period of Performance:
19
4
2
1
3
2
1
3
2.
20
Months
Months
Month
Months
Months
Month
Month
Months
Months
Months
Budget
Line Item Budget*
Materials and Labor:
Total:
Project Cost
$ 155,000.00
$ 155,000.00
Federal Share
$ 116.250.00
$ 116,250.00
Local Share
$ 38,750.00
$ 38,750.00
AGENDA ITEM# 4E
MAY 12,2014
*Any line item amount in this Budget may be increased or decreased 10% or less without an
amendment to this Agreement being required, so long as the overall amount of the funds
obligated under this Agreement is not increased.
Funding Summary
Federal Share: $ 116,250.00 (75%)
Local Share: $ 38,750.00 (25%)
Total Project Cost: $ 155,000.00 (1 00%)
20
Attachment B
Program Statutes and Regulations
AGENDA ITEM# 4E
MAY 12,2014
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
( 1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement.
In addition to the above statutes and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance
with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement. The Recipient shall not deviate
from the approved project and the terms and conditions of this Agreement. The Recipient shall comply
with any and all applicable codes and standards in performing work funded under this Agreement, and
shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive
plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida
Statutes. Funds shall be expended for, and development activities and land uses authorized for, only
those uses which are permitted under the comprehensive plan and land development regulations. The
Recipient shall be responsible for ensuring that any development permit issued and any development
activity or land use undertaken is, where applicable, also authorized by the Water Management District,
the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game
and Fish Commission, and any Federal, State, or local environmental or land use permitting authority,
where required. The Recipient agrees that any repair or construction shall be in accordance with
applicable standards of safety, decency, and sanitation, and in conformity with applicable codes,
specifications and standards.
The Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, than the Recipient shall ensure that, as a condition of funding under this Agreement, the owner of
the affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from
which a structure will be removed pursuant to the project.
(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
21
(2) No new structure will be erected on property other than:
AGENDA ITEM# 4E
MAY 12,2014
a. a public facility that is open on all sides and functionally related to a designed open
space;
b. a restroom; or
(3) A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
( 4) After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
(5) If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44 CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating
in the NEPA process. You are reminded that no construction may occur in this phase that a full
environmental review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
(1) For Construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13(c));
(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the
budget implications; and
(3) The Recipient must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or
favorable conditions allowing lower cost or earlier completion. Any extensions of the
period of performance must be submitted to FEMA sixty days prior to the project
expiration date.
STATEMENT OF ASSURANCES
The Recipient assures that it will comply with the following statutes and regulations to the extent
applicable:
(1) 53 Federal Register 8034
(2) Federal Acquisition Regulations 31.2
(3) Section 1352, Title 31, US Code
(4) OMB Circulars A-21, A-87, A-110, A-122
(5) Chapter 473, Florida Statutes
(6) Chapter 215, Florida Statutes
(7) Section 768.28, Florida Statutes
(8) Chapter 119, Florida Statutes
(9) Section 216.181(6), Florida Statutes
(1 0) Cash Management Improvement Act Of 1990
22
(11) American with Disabilities Act
(12) Section 112.061, Florida Statutes
(13) Immigration and Nationality Act
(14) Section 286.011, Florida Statues
(15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements 28 CFR, Part 66, Common Rule
(16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(17) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(18) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(19) 28 CFR applicable to grants and cooperative Agreements
(20) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(21) 42 U.S.C. 3789(d} or Victims of Crime Act (as appropriate)
(22) Section 504 of the Rehabilitation Act of 1973, as amended
(23} Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990}
(24) 28 CFR, Part 42, Subparts C, 0, E, and G
AGENDA ITEM# 4E
MAY 12,2014
(25} Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and
Part 39
(26) 42 U.S.C. 5154a
(27) 44 CFR, Part 60.3 and City/County Ordinance
23
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
AGENDA ITEM# 4E
MAY 12,2014
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (OEM), including all understandings and assurances contained in it,
and directing and authorizing the Recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Recipient or its designees or agents, no member of the governing body of the
locality in which this program is situated, and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by the Division. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the
Recipient received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
24
AGENDA ITEM# 4E
MAY 12,2014
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C. 6101-6107} which prohibits discrimination on the
basis of age or with respect to otherwise qualifies handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to Section 112.313
and Section 112.3135, Florida Statutes;
{h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
(i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
U) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Recipient must include a FEMA
Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area
with FEMA Grant Funds executed by the title holder with the closeout request verifying that
certain SFHA requirements were satisfied on each of the properties. The Model
Acknowledgement can be found at www.fema.gov/governmenta/grantlsfha_conditions.shtm
(k) It will require every building or facility( other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform
Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for
general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(I) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 1 06 of the National Historic Preservation
Act of 1966 (U.S.C. 4 70), Executive Order 11593, 24 CFR, Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 {16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR, Section 800.8) by the proposed activity; and
25
AGENDA ITEM# 4E
MAY 12,2014
(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office, the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800.
( 4) When any of the Recipient's projects funded under this Agreement may affect a historic
property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management
Agency (FEMA) may require the Recipient to review the eligible scope of work in
consultation with the State Historic Preservation Office (SHPO) and suggest methods of
repair or construction that will conform with the recommended approaches set out in the
Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Recipient agrees
to participate in consultations to develop, and after execution by all parties, to abide by, a
written agreement that establishes mitigation and recondition measures, including but not
limited to, impacts to archeological sites, and the salvage, storage, and reuse of any
significant architectural features that may otherwise be demolished.
(5) The Recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation of footings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise the Recipient on any feasible
steps to be accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the recovery or
archeological data from the property.
If the Recipient is unable to avoid the archeological property, develop, in consultation with
SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". The Recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Recipient to implement the treatment plan. If either the Council or the SHPO
object, Recipient shall not proceed with the project until the objection is resolved.
(6) The Recipient shall notify the Division and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. The Recipient acknowledges that FEMA may require the
Recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The
Recipient further acknowledges that FEMA may require the Recipient to take all
reasonable measures to avoid or minimize harm to such property until FEMA concludes
26
AGENDA ITEM# 4E
MAY 12,2014
consultation with the SHPO. The Recipient also acknowledges that FEMA will require,
and the Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) The Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall
not receive funding for projects when, with intent to avoid the requirements of the PA or
the NHPA, the Recipient intentionally and significantly adversely affects a historic
property, or having the legal power to prevent it, allowed such significant adverse affect
to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-
1683 and 1685-1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the State Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this Agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.C 2000c and 42 U.S.C. 3601-
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of
race, color or national origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626
(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
27
AGENDA ITEM# 4E
MAY 12,2014
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 351 0;
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in the Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
( 4) Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazard Present
b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the
contractor's work.
(8) Obtain all required permits.
(9) Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
28
AGENDA ITEM# 4E
MAY 12,2014
(1 0) Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
(11) Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR, Part 15 and 61 ). This clause shall be added to any subcontracts.
(12) Provide documentation of public notices for demolition activities.
29
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
RECIPIENT NAME: City of Atlantic Beach
REMIT ADDRESS:
CITY, STATE, ZIP CODE:
AGENDA ITEM# 4E
MAY 12,2014
PAYMENT#: CONTRACT#: 14HM-6B-04-26-02-
FEMA TRACKING#: _4..:...:0:.:6-=-8-....::0_:_4-.:..R.:._ ____ INVOICE PERIOD: _________ to _______ _
Eligible Obligated Obligated OEM Use Only Amount Federal Non-Federal Previous Current
100% % % Payments Request Approved Comments
TOTAL CURRENT REQUEST: _$-'----------
I certify that to the best of my knowledge and belief the above accounts are correct, and that all
disbursements were made in accordance with all conditions of the Division agreement and payment is
due and has not been previously requested for these amounts.
RECIPIENT SIGNATURE:
NAME AND TITLE: DATE: -----------
APPROVED PROJECT TOTAL $ ----'-----------
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVEDFORPAYMENT _$~-------
DATE
30
Attachment D
(Continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MTIGATION GRANT PROGRAM
AGENDA ITEM# 4E
MAY 12,2014
RECIPIENT: City of Atlantic Beach DISASTER #: 4068 --~~--------------
CONTRACT#: 14HM-68-04-26-02-FEMA TRACKING #: 4068-04-R
Applicant's Date of delivery of DOCUMENTATION
Reference No. articles, completion List documentation (applicant's payroll, material out of applicant's Applicant's
(Warrant, Voucher, of work or stock, applicant owned equipment and name of vendor or Eligible Costs
Claim check, or performance contractor) by category and line item in the approved project 100%
Schedule No.) services. application and give a brief description of the articles or services.
TOTAL
31
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT: City of Atlantic Beach
If you are requesting an advance, indicate same by checking the box below.
[__] ADVANCE REQUESTED
Advance payment of$ is requested. Balance of payments will be made on a
reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate
forms and purchase start-up supplies and equipment. We would not be able to operate the
program without this advance.
AGENDA ITEM# 4E
MAY 12,2014
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for the First Three
(list applicable line items) Months of Contract
For Example
ADMINISTRATIVE COSTS
(Include Secondary Administration)
For Example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for
the cash advance. The justification must include supporting documentation that clearly shows the
advance will be expended within the first ninety (90) days of the contract term. Support documentation
should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide
the Division reasonable and necessary support that the advance will be expended within the first ninety
(90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the
contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance).
32
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECEIPT City of Atlantic Beach PROJECT#: 4068-04-R
PROJECT TYPE: Drainage/Sewer Upgrade CONTRACT#: 14HM-6B-04-26-02-
AGENDA ITEM# 4E
MAY 12,2014
DISASTER NUMBER: -'4-=-06::..c:8'---------QUARTER ENDING:---------
Provide amount of advance funds disbursed for period (if applicable): $
Provide reimbursement projections for this project:
July-Sep 20_$ Oct-Dec 20_$ Jan-Mar 20_$ ___ Apr-June 20_$ __ _
July-Sep 20_$ Oct-Dec 20_$ Jan-Mar 20_$ Apr-June 20_$ __ _
Percentage of Work Completed (may be confirmed by state inspector's): ------%
Project Proceeding on Schedule: L_] Yes L_] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
L_] Cost Unchanged L_] Under Budget L_] Over Budget
Cost Status: :
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (OEM) staff may perform interim inspections and/or audits
at any time. Events may occur between quarterly reports, which have significant impact upon your
project, such as, anticipated overruns, changes in scope of work, etc. Please contact the Division as
soon as these conditions become known, otherwise you may be found non-compliant with your
subgrant award.
Name and Phone Number of Person Completing This Form
33
Attachment G
Warranties and Representations
Financial Management
Recipient's financial management system must provide for the following:
AGENDA ITEM# 4E
MAY 12,2014
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions
of the applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
34
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective subcontractor of the Recipient, City of Atlantic Beach , certifies, by
AGENDA ITEM# 4E
MAY 12,2014
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
By:
~--------------------------------Signature
Name and Title
Street Address
City, State, Zip
Date
35
City of Atlantic Beach
Recipient's Name
14HM-6B-04-26-02-
OEM Contract Number
4068-04-R
FEMA Project Number
Attachment I
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
INSTRUCTIONS AND WORKSH EET
AGENDA ITEM II 41-:
MAY 12,20 14
PURPOSE: The Federal Funding Accou ntabili ty and Transpa rency Act (FFATA) was signed on
Septembe r 26, 2 00 6. Th e intent of lhls legislation Is to empower every America n with the ab ility to hold
the government accou ntable for each spending decision . T he FFATA legis lation requires inform ation on
fede ral awa rd s (federal assistance and ex penditures) be made available to the pub lic via a single,
searc hable websi te, which Is http:l/www.usaspendlng.gov/.
The FFATA Sub-award Reporting System (FS RS) Is the re porti ng tool th e Florida Divisio n of Emergency
Managemen t ("FDEM " or "Division'') must use to capture a nd report su b-award and executive
compensa ti on d ata regard ing first-ti er sub-award s that ob lig ate $25,000 or more in Federal funds
(excluding R ecover y funds as defined In section 1512(a) (2) of the Am erican Recovery and Reinves tment
Act of 2009, P ub . L. 11 1-5).
No te: This "Ins tru c ti ons and Worksheet" is mea nt to explain the requ irem ents of t he FFATA and g ive
clarity to th e FFA T A Fo r m dis tributed to s ub-awardees for completion. Al l pertinen t inform ati on below
s hould be filled ou t, signed, and r eturn ed to lhe project manager.
ORGANIZATION AND PROJECT INFORMATION
T he following Informatio n must b e provided to the FDEM prior to the FDEM's Issuance of a sub-
award (Agreement) that obligates $25,000 or more In federal funds as described above. Please
provide the following Information and return the signed form to the Divis ion as requested.
PROJECT#: _4~0~6~8-~04~-~R~-------------------------
FUND ING AGENCY: Federal Emergency Man age ment Agency
AWARDAMOUNT : _$~1~1~6=.2~5~0.~00~-------------------
OBLIGATION/ACT ION DATE: November 1 1, 20 13
SUBAWARD DATE (If app licable):
DUNS#:
DUN S# +4:
36
AGENDA ITEM II 4E
MAY 12,2014
*If your company or organization does not have a DUNS number, you wi ll need lo ob tain one from Du n &
Bradstreet at 866-705-5711 or use the web form (http://feclgov.dnb.com/webform ). The process to
request a DUN S number takes about ten minutes and is free of charge.
BUSINESS NAME:
DBA NAME {IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY -----------------------STATE ____ Z IP CODE+4••
PARENT COMPANY DUNS# (If applicable): --------------------
CATALOG OF FEDERAL DOMESTIC ASSISTANCE {CFDA#):
DESCRIPTION OF PROJECT (Up to 4000 Charac te rs)
The City of Atlantic Beach, will upg rade an existing sewer sys tem t o el imin ate intrusion o f storm water
into the sanitar y sewer system thereby eliminating sewer overflows, backups, and sewer and roadway
cave-in s, as well as excess flow to the wastewater treatment plant. Specificall y, th e project consists of
using trenchless technology to install cured in pipe within approximately 3,050 linear feet of existing 8"
and 1 0" diameter sewer main, and provide a specialty coating on approximatel y 17 sewer manholes.
The project wil l provide a 5-year storm protection for 66 structu res In D onner Subdivision. The project is
located in the Donner Subdivision , Atlantic Beach, Duval County, FL 32233 bound ed by the rollowing
coordinates: NW: 30.34 173,-81.41328; NE: 30.34172, -81.41124; SW: 30.33439,-81.41491; SE:
30 .33509 , -81.40987.
Verify the approved project description above, if th ere is a ny discrepancy, p lease
contact the project manager.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
AD D RESS LINE 3:
CITY -------------------STATE ---Z IP CODE+4**
CONGRESS ION AL DISTRICT FOR PRIN CIPAL PLACE OF PROJECT PERFORMANCE:
.. Providing the Zlp+4 ensures that the correct Congressional District is reported .
EXECUTIVE COMPENSAT ION INFORMATION:
1 . 1. In your business o r organization's previous fi scal year, did your business or organization
(Including pa rent organization, all b ra nches, and all affiliates worldwide) receive (a) 80 percent or
more o f your annua l gross revenues from Federal procurement conlracts (and subcontracts) and
Federal financial assis tance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)
s ubject to the Transparency Act , as defined at 2 CFR 170.320; , (b) $25,000,000 or more In annua l
gross revenues from U.S. Federal procurement con tracts (and sub contracts) and Federal financial
37
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the
Transparency Act?
Yes D NoD
AGENDA ITEM# 4E
MAY 12,2014
If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No",
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes D NoD
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
38
AGENDA ITEM# 4E
MAY 12,2014
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion _______ _
Rank Total Compensation
(Highest to Name for Most Recently
Lowest) (Last, First, Ml) Title Completed Fiscal Year
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE: --------------------
NAME AND TITLE:
DATE:
39
AUF.NIJA ITEM H 6A
MAY 12,20 1•1
RESOLUTION NO. 14-04
A RESOLUTION OF THE CITY OF ATLANTlC BEACH RENAMING DONNER PARK
COMMUNITY CENTER IN ATLANTIC BEACH THE "GAIL BAKER COMMUNITY
CENTER".
WHE:RRAS , this Reso lution is dedicated to the mem ory of Gail Bflker for her 2 1 years of dedicated
public serv ice to the City of Atlantic Beach and its citizens; and
WH EREAS, from the first day th e doo rs opened , Gf1il Baker had a vis ion that the Donner Park
Co mmunity Center would be co me a pl ltce where children thrive by havin g access to the supp ort, serv ices an d
oppo rt uniti es they ncedt:d to s ucceed ; and
WII ER EAS , refe rred to by many as th e "hea rtbeat of the community", Gail Baker did a trem end o us
job creat in g and coord in ating th e many events that occur throug hout our community s uc h as : the after-sc hool
program, sen ior citizens program , OctoberFest event, Angel Tre e, Donner Park toy giveaway , and s ummer
camp; and
WH EREA , Gail Baker earned the affection or a hos t of area residents who were proud to ca ll her
"friend", and her dedication to the commu ni ty had won the highest rega rd of the C ity Commission and citizens
of Atlantic Beach ; and
NOW THEREFORE BE IT RESOLVED by the C ity Co mmis s ion of the City of Atlantic Beach that
Gail Baker be forever honored and reme mbered for her many years of dev otio n and dedicated service to the
C ity of Atlanti c Beach and its ci ti zens.
BE IT FURTHER RESOLVED, it is the desire of th e City Co mmi ss ion that Donn e r Park Community
Ce nte1·, named by th e Atlantic Beach Co mmi ssion in 1996, be renamed the G"i/ Baker Community Center as a
las ting memori al to a woman who we have been priv il eged to know and respect.
ADOPTED by the City Commiss ion of the City of Allan tic Beach , Fl o rida this 12111 day of May, 2014.
Attest:
DONNA L. BARTL E, C MC
City C lerk
Approved as to form and correctness:
RI CIIARD KOMANDO
C ity Attorney
CA ROLYN WOOD S
Mayo r
CITY OF ATLANTIC BEACH
CITY COMMISS ION MEETING
STAFF REPORT
AGENDA ITEM I/7A
MAY 12, 20 1'1
AGENDA ITEM : Ordinance No . 5-14-6 1: Amending Chapte r 2 of th e Code of Ordin ances,
Administration, Article II, C ity Commi ss ion, Sec. 2-16, T im e and Place of
Re g ular meetings, to prov ide for two regular meetings.
SUBMITTED BY Ne lso n VanLiere, Ci ty Manager @..._ __
DATE: April 18,20 14
BACKGRO UN D: On April 81h, 2013, th e City Commi ss io n approved Ordinance No. 5-13-58
amendin g the Co de to rep lace o ne of th e two scheduled meet in gs per month with
a workshop. This was done as a trial to address co mpl aints from the public that
there was not eno ugh tim e for citize n input on the age nd a items before a vote. By
workshopping the up co min g agenda, cit izens ha ve more tim e and opportunity to
be heard on all items before a vo te is cast.
Staff has worked ve ry hard to make the transition into the one meeting a month
schedul e s uc cessful. However, imp le mentation of thi s new schedu le ha s been
ex tremel y difficult for staff. After careful co ns id erat io n, we believe we have
co me up with an alte ma tivc that wi ll address everyo ne's co ncems.
Below is a list of unintended consequences that have been a challenge to staff
since the inception of a one meeting per month sched ule.
I . The agendas are roughl y twice the size. Thi s by itself wo uld not seem to be an
iss ue. Pl ease cons id er that each item is imp orta nt and is the res ult of staffs hard
wo rk. The entire age nd a mu st be ind exed and paginated, copied and bound,
sca nned and up loaded, di shibuted and linked to web pa ges .
2. Meetings ar e tw ice as long. A direct result of th e lengt hy agenda is th at the
meeti ngs tak e twi ce as long because th ere are twice as many ite ms to discuss.
3. The bureaucracy added to the approval process s lows the approva l of rou tin e
it ems do wn. For many import ant items, we recognize it is imp ortant to slow
down and hea r comm ents more than once. Routin e item s, however, are he ld up in
th e sa me tim elin e and arc not ab le to move forward despite littl e or no co mments
-t1·o m th e ci ti ze ns . Co nsent item s take only a few minutes to pass in th e meetin g,
but a full three to four wee ks to go tlu·ough the entire ap proval pr ocess.
4. Staff preparation seemin gl y never end s. As staff prepares for Com mi ssio n
mee ti ngs, we writ e propo sals and research a trem end o us amount o f inform atio n in
preparation for the meeting. Items of ro utine natu re are di scussed twi ce, more
imp ort ant items four tim es and sometim es, if deferr ed or as the result of an in itial
proposa l that Jed to th e ac ti on, th e agend a item m ay need to be fresh in our mind s
fo r six weeks as ne w item s acc umu late. We need to be ab le to ta ke ac ti on and
move forward.
5. Eve ry Agenda has been amended. Sin ce the in ce ptio n of th e one meet in g
schedu le, we have had num erous special ca lled meetin gs and every work s hop pcd
agend a has been amended. As staff hi es to make progress on projects or
co ntr acts , we sit and wai t throu gh long workshops where no acti on ca n be take n,
th ere was no discussion or co mm ents and ye t we must wai t anot her two weeks for
a n ap prova l.
AGENDA ITEM# 7A
MAY 12,2014
6. Ordinances require an additional month for approval. Ordinances set policy and
require two meetings to approve. This is by design a method of seeking
additional public input.
7. Workshop format places the Commissioners on the floor for round table
discussions. This helps, but almost every meeting there is a special called
meeting. This requires the cameras to be arranged differently and the sound
system is not as good due to the failure of Commissioners to speak into the mic.
We have had numerous complaints about the citizens not being able to hear the
Commissioners when they are seated in the workshop format. The public gets
confused about whether they are going to get action on an item or not. Staff is
unsure in some cases whether the invited speakers should come to a workshop,
Commission meeting or both.
8. Fear of missing an agenda deadline is real. Staff strives very hard to meet
deadlines. With only one meeting, the consequences of missing an agenda
deadline means either waiting another month for approval or requires that a
special called meeting be scheduled.
9. The meeting of most importance to the citizen is the workshop. This is where the
discussion takes place and this is the meeting the Commissioners need to be best
prepared for. The agenda is received two to three business days ahead of the
workshop. Of course they can prepare over the weekend and have four or five
days max. This gives commissioners only a few days to meet with staff to get
questions answered and we are busy getting ready for the meeting too.
Solution:
The solution being proposed is to return to two regular meetings a month, move
the agenda deadline up to allow for publicizing the agenda a minimum of 10 days
prior to the meetings, and start the meetings 30 minutes earlier. Below are the
reasons this approach would work in reference to each of the above items.
• Items 1 and 2 are addressed because the meetings will occur more often, each
agenda is smaller and therefore the meetings will be shorter. Also, returning to a
starting time for the meetings of 6:00 p.m. would allow staff and citizens to at
least get out 30 minutes earlier. Thirty minutes may not seem like a big
difference but for those who have to be at work at 8:00a.m. the next morning, it
does make a difference.
• Item 3 -Consultant presentations or interviews of selected persons for contracts
can be approved in the same night, if desired. The option to defer has always
been available.
• Items 3 and 4 -Items of a routine nature can be approved twice a month, allowing
staff to get projects started and allowing us to react and respond quicker to citizen
requests.
• Item 5 -Staff can prepare the reports for approval, attend a meeting and move
forward to the next project. The constant preparation and attendance at long
meetings for items on the agenda that pass with no discussion is a waste of
everyone's time.
• Item 5 -The number of amended agendas will be greatly reduced. The number of
versions of agendas floating around is becoming ridiculous. The Clerk has to wait
until the last minute to publish the agenda to make sure all the amended portions
are included.
• Item 6 -Items of significance deserve either a deferral for more discussion, a
public hearing and or a second reading. Ordinances are policy setting legislation
and as such require two meetings to pass. Significant/complicated items, such as
1\GHNDI\ ITEM /171\
MAY 12,20 14
the Hum an Right s Ordinance, may be discussed in a sepa rate wo rkshop. This has
alw ays been an o pti on.
• It em 7 -All meet ings can take place in the f01ma l se tting with the except ion of the
wo rk shops ca ll ed to discus s chosen items of significance. T he qua li ty of the
vid eo will be better for the viewi ng public and the profess iona lism wi ll be
e nh anced. Workshop settings sho u ld be for inform al discussion s of a limit ed
numb er of topics.
• It em 8 -The fear of mis s in g a meet in g deadline wil l be greatly red uced when
there will be anot her meeting within a few weeks.
• Item 9 -The change to the agend a process wi ll allow Co mmi ss ioners, staff,
citizens and the pr ess to rece ive th e age nd a at leas t I 0 days in advance of th e
meet in g. T hi s will all ow Commissioners two weekends to review and ample time
to talk with ci ti zens and get wi th staff. Tt will all ow sta ff to research and answer
additio na l co ncerns of cit izens after read in g the reports. The agenda wi ll b e
pub lished for the publi c to re view and staff is ava ilabl e to address co ncerns before
th e meet in g for over a week. lt will a ll ow the press to publish information about
item s of interest prior to the meeting. Thi s wi ll lead to a better inf01med public
and Co mmi ssio n and in turn lead to better decis io n making.
Kee p in mind that we have impl emented other pro cedu res lo enh a nce
co mmuni ca ti o ns with the citi zens sin ce the o ne meeting sched ul e was
implemented. We are now videotapi ng meetings a nd providing elect ronic
age nd as for co mm iss ion ers to use on city provided iPads. Management now
enco ur ages comm issioners to directly seck answers fro m staff if needed . This
enh a nces the res ponse tim e when ga th cli ng in for mati on for me etin g preparation s.
BUDGET: No budget impact.
RECOMMENDATION : Approve Ord inan ce No. 5-14-6 1
ATTACHMENTS: Ordinance No. 5-14-6 1
REVIEWED BY CITY MANAGER:~~~
ORDINANCE 5-14-61
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES, ADMINISTRATION, ARTICLE II, CITY
COMMISSION, SEC. 2-16, TIME AND PLACE OF REGULAR
MEETINGS, TO PROVIDE FOR TWO (2) REGULAR MEETINGS
PER MONTH EXCEPT FOR DECEMBER, CHANGING THE TIME
TO 6:00PM, AND PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM# 7 A
MAY 12,2014
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Sec.2-16 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended to read as follows:
Sec. 2 16. Time and place of regular meetings and scheduled workshops.
(a) Tho regular meetings of the city commission shall be hold on the second Monday of each month.
(b) Scheduled workshops of the city commission shall be held as follo'NS:
(1) In the months of January through f:'Jovember, on tho fourth Monday of the month.
(2) In the month of December, on the third Monday of the month.
(c) All regular meetings and scheduled workshops of the city commission shall be hold in city hall at 6:30 p.m.
(d) If tho second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop shall be hold
on Tuesday immediately following tho holiday.
Sec. 2-16 Time and place of Regular meetings.
The regular meetings of the city commission shall be held on the second and fourth Mondays of
each month, except December, in city hall, at 6:00 p.m. If the second or fourth Monday falls on a
holiday, the regular meeting shall be held on Tuesday immediately following the holiday. In the month
of December, the regular meeting shall be held on the second Monday of the month.
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 _____ _
PASSED by the City Commission on this second and final reading this __ day of ____ _
ATTEST:
Donna L. Bartle, CMC
City Clerk
Approved as to form and correctness:
Rich Komando
City Attorney
Carolyn Woods
Mayor, Presiding Officer
AGENDA ITEM:
SUBMITTED UV:
DATE:
CrTY OF A TLANTlC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Publi c Hea rin g for UBEX-L4-0010001 0
Jeremy llub sc~ Redevclopmei~·hr1d toning Coordinator
Ap ri11 8,2014
AGENDA ITEM #8A
MAY 12,2014
STRATEGIC PLAN LINK: Goal Number?, Mayport Co rrid or. This goa l is to build, encourage, and
support a vib rant co mmercial co rrid or and str ong re si denti al ne igh borh oo ds along Mayport Road and
adjoinin g neighborhoods.
BACKGROUND: The applican ts own and operate Amer ican Well and Irri gat ion. This company offers
offsi te contracting services such as well drilling, drainage systems, irrigation sys tem s, water softeners,
and backflow assessme nt. The applicants wi ll be using Lh c s ite as their main office and will also offer
reta il products for sa le on s ite. In addit ion to that, they plan to usc the large open po rti on of Lhe si te for the
con tra cting porti.on of their business. T he ap pli ca nt s own the property. It was previously ope ra ted as
Chri sty Plumbin g.
The proposed site is zoned Commercial Genera l (CG) and is located on Mayport Road between Ardella
Road and Jackson Road. The Land Development Reg~ulations state that they must get a Use-By-Exception
for the contracting pottion of their business. This is to ensure that th e proposed use is cons is ten t with
ot her Com merci al General businesses with respect to int ens ity of use, traffic impacts, and compatibility.
The Com munity Development Board co ns idered this request along with co mm ent s from staff and the
applicants at the l'ebruary 18t h meeting, and th e Doard recommended approval by a vote of 7-0 with
conditions, finding the req1.1es t is co nsistent with the Comprehensive Plan as well as Section 24-63 and
Sec tion 24-11 I (c) of the Land Development Regulations. The conditi ons recommended by the board arc:
1. That the app li ca nt s estab li sh a contiuuous hedge line along the cha in link fence that bo rd ers the
property at Mayport, Ardella , and J ackson Roads. 2. That a supplemental water system be added to ens ur e
the longe vi ty of the hedge. 3. That a cily sta nd ard conc rete apron from th e edge or pavement to th e right
of wAy lin e on both Ardella Road and Jackson Road at the ingress egress points th~tl are currently in place
4. Storage of no more than 5 con tr ac tor related vehi cles on site.
BUDGET: None.
RECOMMENDATION: App roval of Use-By-Except ion 14-00100010 with the above conditions,
as reco11U11ended by th e Co mmunit y Development Board.
ATTACHMENTS: Dntfi minutes of th e Fcbntary 18, 2014 Con ummil y Deve lop men t Board
meeting; copy of Community Deve lopment Board staff report; copy ofUDEX-14 -00 I 00010 applica ti on.
'
REVIEWED BY CITY MANAGER: -~~-r-·...::~;...:4s.cne~~o;;...;.;:::~~L__ _________ _
AGENDA IT EM # 8A
MAY 12,20 14
Drr!ft Mintlles of the FebntaiJ' 18, 2014 regula r meeting of th e Ca mm1111ity Drl'e/(Jpmcll/ Boa/'ll
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
February 18, 2014
1. CALL TO ORDER.-6:00 pm
Chair Brea Paul verified that all board members are present. The meeting was called to
order at 6:00pm. Also present was the Building and Zoning Director, Michael Griffin,
Redevelopment and Zoning Coordinator, Jeremy Hubsch, Recording Secretary Jenny
Walker, and representing the military was Matt Schellhorn.
2. ADOPTION OF MEETING MINUTES-January 21, 2014.
Brea Paul called for a motion to app rove the minutes of the January 21, 2014 regular
meeting. l<irk Hansen stated he had two small issues with the minutes. He said the
minutes state that he requested a review of the six actions to recommend approval or
denial on page 3 of 5, and he denies stating that. Mr. Hansen also sta t ed h e doesn't
believe they need a variance at all , whereas the minutes incorrectly stated Harley made
the statement. Mr. Hansen made a motion to approve the minutes as amended. Mr.
Elmore seconded the motion and it <:arried by a vote of 7-0.
3. OLD BUSINESS. None.
4. NEW BUSINESS.
A. UBEX-14-00lOOOlO(P UBLIC HEARING)
Staff
Report
nequest for use-by-exception as permitted by Section 24-111 (C) (6), to
allow contractors, not requiring outside stor age.
Jeremy Hubsch, Redevelopment and Zoning Coordinator stated
this UBEX-14 -00100010 is for American Well and Irrigation located
at 1651 Mayport Road. The property was formerly owned by
Christy Plumbing but was bought by American Well and Irrigation
in 2013. The applicants were previously located at 49 Ardella
Road, whi ch i s immediately east of this property.
The app licants are r equired to obtain a Use -By -Exception per
Section 24-111 (c)(G), w hich says one is needed by "Cont ractors,
not requiring outside storage, p rovid ed that no manufacture,
Pa ge I of4
Draft Minutes of the Feb111my 18, 2014 regular meeting of the Community Development Board
AGENDA ITEM# 8A
MAY 12,2014
construction, heavy assembly involving hoists or lifts, or
equipment that makes excessive noise or fumes shall be
permitted. Not more than one (1) contractor related vehicle shall
be parked outdoors on a continuous basis." They were approved
in May of 2013 to open the office and retail showroom portion of
their business, and were instructed by Principal Planner Erika Hall
that they would need a Use-By-Exception to move the contracting
portion of their business to the site. The site has a large parking
and outdoor storage area that was used by the previous tenant.
There is currently a backhoe and dump truck in this area, as well as
trailers and work related vehicles.
Contractor related vehicles and outside storage would not be
allowed on this site if it hadn't previously been used by a plumbing
contractor. Section 24-85 (d) (3) states, "In the event that a
nonconforming use of land is discontinued or abandoned for a
period of six (6) months or longer, any subsequent use of such land
shall conform to the applicable provisions of the comprehensive
plan." This site was not abandoned for more than 6 months,
therefore the City Commission has the ability to grandfather the
use of contractor vehicles as part of the Use-By-Exception process
if they so choose.
If there is going to be outside storage and contractors vehicles on
site, staff believes it is important to adequately buffer them from
Mayport Road and neighboring properties. The property is
adjacent to two single-family homes. Section 24-177 (e) (1) (d)
requires a 10' buffer strip where commercial uses are adjacent to
single-family dwellings. The buffer strip shall have one tree for
each twenty-five linear feet of buffer strip and shall be grassed.
This property is located less that 100' from Mayport Road and thus
must meet the Commercial Corridor Standards outlined in Section
24-171. A 10' landscaped buffer is required along the Mayport
Road facing portion of the development, except for driveways.
The site currently meets this requirement. This section also states
that chain link, barbed wire, razor or concertina wire shall be
prohibited in any required front yard or yard adjoining a street.
There is currently chain link along Mayport Road and both side
streets that border the site.
Staff recommends that additional visual screening be required on
site if outside storage and contractor vehicles are allowed as part
of this Use-By-Exception. A possible solution is to replace the
existing chain link fence with a 6' to 8' opaque fence, or to plant a
Page 2 of4
AGENDA ITEM# SA
MAY 12,2014
Draft Minutes of the Febmmy 18, 2014 regular meeting of the Community Development Board
Applicant
Comment
Public
Comment
Board
Discussion
Motion
denser layer of shrubs that would visually screen activities and
storage on site. Jeremy also presented pictures of the site.
Staff is recommending that if this Use-By-Exception is approved
the board put some conditions on the approval to ensure there is
some screenage on Mayport Road so that the contractors vehicles
and outside storage are not visible from the street. Mr. Hubsch
discussed the 4 findings of fact for approval and denial.
Jeremy Hubsch introduced the applicant, Joe Conselice and his
daughter Michelle. Mr. Conselice stated their business has
operated from 49 Ardella Rd. for about 15 years. He told about
how he remodeled the property so far and everything they have
done. He states that the backhoe and the big truck on site are
scheduled to be gone in March. He also said they are willing to do
whatever the city requests as far as fencing and buffers.
Kirk Hansen asked applicant if there will be any heavy vehicle
storage on site and applicant replied no there will not, nor will
they be doing any work on site.
None.
Kelly Elmore asked how many UBEX's have been granted on
Mayport Road in the last year. Mr. Griffin replied that we average a
couple every few months. Mr. Elmore recommended that the
applicant add a concrete apron on Ardella Road. Sylvia Simmons
asked if the property is grandfathered in or does the board need to
do it. Jeremy stated the board can grandfather the property in.
Harley stated that what the board needs to remember is that
Mayport Road is the access to one of the biggest industrial
employers in North Florida, and it is not a residential corridor, but a
state highway. Brea asked applicant what their long term plans
with the empty lot is and Mr. Conselice states that eventually they
plan on putting another building there.
Motion made by Kelly Elmore to approve UBEX-14-00100010 under
the following conditions: a continuous hedge line be established
along Mayport Road, along Jackson Road and along Ardella Road,
to screen the chain link fence, that a supplemental water system
be added to ensure the longevity of the hedge, and a city standard
concrete apron from the edge of pavement to the right of way line
Page 3 of 4
AGENDA ITEM# SA
MAY 12,2014
Draft Minutes of the Februmy 18, 2014 regular meeting of the Community Development Board
5. REPORTS.
be placed on both Ardella Road and Jackson Road at the ingress
egress points that are currently in place. The chain link fence will
be allowed to remain. Mr. Hubsch suggested the board put a cap
on the number of contractor vehicles stored on the site. The board
recommended no more than 5. Entire motion was seconded by
Kirk Hansen. Motion is passed unanimously.
A. Commercial Corridor Standards. Michael Griffin stated that
when this was discussed at the last meeting that he feels that
the reason the flat roof section is in the code is to keep the air
conditioner units from being seen from the road. Mr. Griffin
suggested that is the board is going to make changes to the
code then they should just adding that mechanical equipment
on the rooftop should be screened from the view of the road,
instead of having to rework the entire section. The board
recommends that staff review the wording and try to ease up
the language of the code to bring in architectural relief.
6. ADJOURNMENT-7:00 PM
Brea Pau~ Chair
Attest
Page 4 of4
AGENDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4A
UBEX-14-00100010
Requ est for use-by-exception as permitted by Sec tion 24-111 (c](6), to
1\G EN DA IT EM II 8A
MAY 12.20 14
all ow co ntractors, not requ iring outside storag e in the Comme rcia l General (CG)
Zoni ng Distri ct
1651 MAYPORT ROAD
MICHELLE CONSELICE
FEBRUARY 11,2014
JEREMY HUBSCH, REDEVELOPMENT AND ZO NING COOROINATOR
The a pplic a nts own a nd operate Am eri ca n Well a nd Irrigation. Th is com pany offers offs ite co ntra ctin g servic es
such as well drilling, drainage sys te ms, irri gation syste ms, water s ofte ners, an d bac i<O ow assessment. The
a ppli can ts wi ll be us ing the s ite as th eir ma in offic e a nd wi ll also offer retail products for sa le on s ite . Th ey were
previou s ly lo cated on 49 Ard ella Road, wh ich is to th e immed iate east of this prope r ty. Th e app li cants bou ght th e
property in 2013 . It ha d previou s ly bee n use d as Chri s ty Plumb in g.
The applicants are req uired t o o bta in a Use -By-Except io n per Section 24-111 (c) (6), whi ch says one is needed by,
''Contractors, not requiring outside s t orage, p rovided tha t no manufa cture, construction, heavy assemb ly invo lvi ng
hoists or l ift s, or equipment that makes excessive noise or fume s s ha ll be pe rmitted. Not more than one (1)
contracto r related vehicle s hall be pa rk ed outdoors on a continuo us bas is ." They we r e a pprove d in May of 2013 to
open th e offi ce and re tai l showroo m portion of their busi ness, a nd we re in structed by Prin ci pal Plan ne r Erika Ha ll
th at th ey would need a Use-By-Except ion to mov e th e con trac ting port ion o f their business to th e s ite. Th e site has
a large parkin g and outd oor s tora ge a rea that was used by the previ ous tenant. There is currently a bac kh oe a nd
dump truc k in thi s area, as well as+ trail ers a nd work r elated vehicl es.
Cont ractor re late d veh icles a nd outsi de s t orage would not be a ll owed on thi s s ite if it hadn 't pre viou s ly been used
by a plu mbing co ntracto r. Se cti on 24·85 (d) (3) states, "In the eve nt that a no nco nformin g use of la nd is
di sco ntinu ed or a band oned for a peri od of six (6) months or longer, a ny s ubsequ en t use of s uch land sha ll co nform
to th e app li cab le prov is ions of th e comp rehe nsi ve pl an!' Th is s ite wa s not aba nd o ned for mo re t han 6 months,
ther efore th e City Comm ission has the ability to gran dfath e r the use of co ntracto r ve hicle s as part of th e Use-by-
Exception p rocess if they so choose.
If th e re is go ing to be outs id e storage and co ntractors ve hi cles on s ite, s taff believes it is important to adequately
bu ffer them from Maypo rt Road and neig hboring prope rti es. Th e property is ad jace nt to two s in gle-family homes .
Sec ti on 24-177 (e) (1)(d) r equires a 10' buffe r stri p where com mer cia l uses a re adjacent to s in gle-family
dwelli ngs. This buffe r s tr ip s ha ll have one tre e for each twenty-fiv e lin ear fe et of buffer strip a nd s hall be grassed.
AGENDA IT EM II 8A
MAY 12,20 14
Th e code a llows t hi s 10' buffer requirem e nt to be reduced to 5' if there is a hardsh ip. A visual scree n is also
req uired by thi s sec ti on, which is currently met by a 6' wooden fence at the property lin e.
This prope rty is loca ted less th a n 100' fro m Mayp ort Road a nd thus mu st meet the Commercia l Corrid or
Standards o ut lin ed in Sect ion 24-171. A 10' la nd scaped buffer is req uired alo ng the Mayport Roa d facing portion
of the develo pm e nt, excep t fo r driveways. Th e site currently me ets t hi s requirement. Thi s section also states that
cha in link, ba rb ed wir e, ra:t.or or co n ce rtina wire shall be prohibited in any r equired front yard or yard adj oining a
stree t. Th er e is currently chain link a long Mayp o r t Ro ad a nd both si de s tree ts that border t he site. Additionally,
Sect ion 24-160 (b) says, dumpsters, trash rece ptacles, abo ve-g rou nd ta nks and sim il ar structures and co nta in ers
s ha ll be sc ree ned from view by fenci ng or la nd sca ping.
Staff recommends that addition a l visual scree nin g be required on s ite if outside storage a nd contractor vehi cles
are a ll owed as part of thi s Use-By-Except ion. A poss ib le so lution is to replace the existing chai n link fe nce with a 6'
t o 8' opa qu e fence, o r to pl a nt a denser laye r of s hrubs that w ould vis ually screen activ ities an d s torage on s ite.
Subject Site and Surro undi ng Properties
Fig ure 1. 1651 Mayport Roa d an d surro unding p roperties (J axGis) 2013
Pag e 2 of 6
Figu re 2. 1 651 M aypo rt Ro ad as Christy Plumbi ng (Bef or e)
Fig ure 3 . 1651 Mayport as Arn e •·lca n We ll a nd Ir rigation (Arter)
Page 3 of6
AGENDA ITEM IIllA
MAY 12,20 14
Figure 4. Vi e w of r ear storage a rea from Arde lla Road
Figure 5. Vi e w of c hain lin I< fence a nd vi s ual screening from Mayport Roa d
Page 4 of6
AGENDA ITEM II 81\
MAY 12,20 14
SUGGESTED ACTION TO RECOMMEND APPROVAL
AGENDA ITEM# 8A
MAY 12,2014
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. UBEX 14-00100010) to permit a contractor
not requiring outside storage within the Commercial General (CG) Zoning District and located at
1651 Mayport Road provided:
1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-111 (c) in that the proposed use is found to be
consistent with the uses permitted in the CG zoning districts with respect to intensity of use,
traffic impacts and compatibility with existing commercial uses and any nearby residential uses.
4. The requested use is consistent with the intended redevelopment of the Mayport Road corridor.
If the Community Development Board does agree to recommend approval, staff suggests that the
following conditions be placed on the approval:
1. Additional screening be required along the perimeter of outdoor storage and contractor parking
areas
2. A 10' buffer where the property is adjacent to residential.
Page 5 of 6
SUGGESTED ACTION TO RECOMMEND DENIAL
AGENDA ITEM# 8A
MAY 12,2014
The Community Development Board may consider a motion to recommend denial to the City
Commission of a requested Use-by-Exception to permit a contractor not requiring outside storage
within the Commercial General (CG) Zoning District and located at 1651 Mayport Road
provided:
1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-111 (c) in that the proposed use is found to be
inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic
impacts and compatibility with existing commercial uses and any nearby residential uses.
4. The requested use is inconsistent with the intended redevelopment of the Mayp01i Road corridor.
Page 6 of 6
AGENDA ITEM# 8A
MAY 12,2014
Date / J ltJ/1~( I
APPLICATION FOR A USE-BY-EXCEPTION
City of Atlantic Beach • 800 Seminole Road ·Atlantic Beach~ Florida 32233-5445
Phone: (904) 247-5826 • FAX (904) 247-5845 • http://www.coab.us
FileNo •. ___________ Receipt ___________ _
4. Property Appraiser's Real Estate Number /7 2t o 7 ~ boo o 0 Block No.'--...._/ ~7,___LotNo. l-l-3:{1 ~~~
5. Current Zoning Classification ---'A'--'-_C_§_.·'-----6. Comprehensive Plan Future Land Use designation----
7. Requested Use-by-Exception
8. SizeofParcel J.q, 186~ pe, 9. Utility Provider ~ 1J =:tf-p ~ o.tf ll3.c 4 ..
10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with
Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. .Attach as
Exhibit A. (fhe attached guide may be used if desired. Please address each item, as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any ·
public bearing.)
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building heigh,t,
number of stories and square footage, impervious surface area, and existing and/or proposed driveways.
Identify any existing structures and uses. . ;,
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to ·''
represent the owner for all purposes related to this application must be provided.
I c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) ,1' ,,
d. Required number of copies. (fwo (2) copies of all documents that are not larger than 11 x 17 inches in size. If
plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.)
e. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
"
Printed or typed name(s)· CoNseLtc.e
ADDRESS AND CO CT INFORMATION OF PERSON 'fO RECEIVE ALL CO~SPONDENCE
APPLICATION Name: ~eo-, Lu
Mai~g Address: __ ___:::...__.~~....!.----.!/"Yl:..:..wtr::~:!JR~!:::::·J._J.&£~1.,;E·:........!a.f:{~--L......JIGI'.!:!..l,c..,..::L:...!:l:.l.., -------+1 __
l (jl ~ ! ·~ Phon~: -""a"-..'+:......1._·-_;b:;;._..oLf'-"'{J'-""{2:.......-_FAX: a 4-CJ·-9 j I" E-maU: ~W.Ld J@ G-~~ ~~
I
EXHIBIT A
AGENDA ITEM# 8A
MAY 12,2014
The review of an application for a Use-by-Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
2.
pedestrian safety and convenience, traffic flow and c ntrol and access in case of atastrophe .
.;:6
Loading Spac s, where required, with
, _,
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception
b~~-~ ~~~~-?<ow~ ~= ~~==,=-E~· =~),
4. articular refe,rence to items (l) and (2) above;
~
6. If adjacent uses are differen~ types of uses, describe tyJ of screening and buffering fhat will be pr,ovided ..
b:!;::{u.r~eandtheadJacentuse. Lu~ fCVk(-1. ~1=44d ·U.; ~· . • .f
7.
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applica le provisions of the Co p~~hensive Plan.
Prepared by and return to:
Debbie Thompson
Ponte Vedra Title, LLC
50 AlA North, Suite 108
Ponte Vedra Beach, FL 32082
File Number: PVT130296
(Space Above This Line For Recording Data)
Warranty Deed
AGENDA ITEM# SA
MAY 12,2014
This Warranty Deed made this 9th day of April, 2013, between Julie Y. Christy,. an unmarried woman whose post
office address is 200 15th Street South, Jacksonville Beach, FL 32250, grantor, and Joseph J. Conselice, Jr., an
unmarl'ied man and Nancy Katherine Moss, an unmarried woman, as tenants in common, whose post office address is
1651 Mayport Road, Atlantic Beach, FL 32233, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and
assigns of individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,.
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following descn'bed land,
situate, lying and being in Duval County, Florida, to-wit:
Lots 1, 2, 3, 11 and 12, Block 17, DONNER' S REPLAT (BUT NOT APART OF SAID PLAT), a
subdivision according to the plat thereof recorded at Plat Book 19, Pages 16 and 16A, in the Public Records of
Duval County, Florida. . '
\,
Parcel Identification Number: 1720720000
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
SUBJECT TO covenants, conditions, restrictions, easements of record and taxes for the current year.
J ,I •/
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except as specified herein.
IV«rrnnty Deed-Page I
BLOCK 17,
AUTHORITY
~lNG
lF DONNER'S
.. _·
'AGES 16 AND 1 6A
'AL COUNTY. FLORIDA.
}
)
AGENDA ITEM# 8A
MAY 12,2014
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA IT EM t1 8B
MAY 12,20 14
AGENDA ITEM: Request for a Waiver from City Co de Section 19-7 Dri veway Limitations to
A ll ow a Thit1y Foot D1iv cway at 436 Bea ch Avenue
SUBMITTED BY: Ri ck Carper, P.E., Pub li c Work s Dirccto r,Jtc_
DATE: April4, 2014
STRATEGIC PLAN LINK: No link
BACKG ROUND: App licant is constructing a new home at 436 Beach Avenue with a three ca r
garage. The lot frontage is 50 feet.
City Co de Sect ion 19-7 Construction of driveways in rights-of-way contains th e following
requirements for dri veways (emphasis added):
(a) Tho prop osed drivew ay shall not create more than 50% imp ervious area within
th e ri ght-of-way.
(t) Ma x imum driveway width at th e prop erty li ne and through th e ri ght-of-way shall
be 20 fe et. Max imum driveway width for circular driv es shall be 12 feet , and circular
dtives shall only be permitted on lots having at lea st I 00 foot frontage.
Th e app licant has demoli shed existing res iden ce and pro poses to in stall new 30' dri veway using
perviou s pa ve rs (see Attachment 2). Esti mate d imperv io us surface covera ge of the ri ght of way
with the new driveway will be le ss than 50% based on pavers at 50% imp ervious surface (LOR 24 -
17 Definiti o n of Imp erv iou s Surface).
BUDGET: No bud ge t issues.
RECOMMENDATION: Co nsider approva l of req ue sted waiver to the City Code Section 19 -7
requirements .
ATTACHMENTS : 1) Wai ve r App lication tor 436 Beach Ave
'
REVIEWED BY CITY MANAGER :2Z V 44-n ~
AG ENDA ITEM II 8B
MAY 12,20 14
1;~~
~ ~ Z Ol ~lty of ~tl~~e~~~~~!~~e~~~ ~a~~n!!~~~32233-5445
By1l hone: (904) 247-5800 · FAX (904) 247-5845 · http://www.conb.us
Dntc ~I { /14
I I
File No .. __________ _
1. Appllcnnt'sNnme :f~..q-leJc-t'?3 *((4.\J\o
2. Applicant's Address ~ 13t;;?~ ~
3. Property Location 4?v 'Bead!\ ~
4. Property Appraiser's Real Estate Number _{_("'--0_.._1 V=-4-'--_0_0_0_0 _____________ _
5. Current Zon ing C lassification A(2. S -2-
7.
8.
9. Homcowner '~~.oclatlon or Architect ural Review Committee approval required for t he proposed construction.
DYes {'o (If yes, this must be submitted with nny appllcotloo for a Bulldln~ Permit.)
10 . Statement of fac t s and site plan related to requested Variance, whi ch demonstrates compliance with Section 24-64 of
the Zoning, Subdivision and Land Development Rcgulnt1ons, n copy of which Is attached to this appllcatloo.
Statement and site p lan must clearly describe and depict the Variance that fs requested .
11. Provide all of the foJJowing information:
n. Proof of ownership (deed or ccrtlflcatc by lawyer or abstract company or title company that vcrJfies
record owner as above). If the applicant Is not the owner, a letter of authorization from the owner(s) for
applicant to represent the owner for a ll purposes related to t hi s application must be provided.
b. Survey a nd legal description or property for whlcb Varia nce Is sought.
c. Required number .of copies: Four (4), except where original pla ns. photograph~! or documents larger
than llxl7 Inches are submitted. Please provide eight (8) copies of any such documents.
d. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS
CORRECT:
ADDRESS AN CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING ~PPJ:.-ICATION /'j., ....-;2 _ ..,-:;;> .. 1\J,.., 1 .....,...
Name: ~M l30SX:.0 r j;p2t-O ~~
'
AGENDA ITEM# 8B
MAY 12,20 14
The following paragraph sets forth reasons for which a Variance ma y be approved. Please
chcclc th e circumstances that apply to your r equest and briefly describe in the space pt·ovided .
(d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Communi ty Developmen t
Boa rd , for the following reasons .
0 (I) exccp ti ona l topogmphic cond iti ons of or near the property.-------------
Jt(2)
~~~~~~~~~~--
0 (3) excep ti ona l c ircumstnnecs preventing the reasonable use of the property as compared to other properties in
the area . -----------------------------
0 (4) onerous effect of regulations enacted after platt ing or after development of th e property or after
eons tm etion of improvements upon the property.-----------------
0 (5) irregular shape of the property warranting special cons id era ti on.-----------
0 (6) subs tandard size of a Lo t of Record warranting a Var ia nce in order to provide for the rea sonable Use o f th e property. _______________________________________________ __
(e) Approval of a Variance . To approve an application for a Var iance, th e Community Deve lopm ent Board shu ll find
that th e reques t is in accordance with the preceding terms and provisions of thi s Section and that the gran tin g of the
Varian ce wi ll be in harmony with th e Purpos e and fntent of th is Chapter.
(f) Approva l of Lesser Variances, The Commun ity Development Board sha ll have the authority to approve u lesser
Variance than req ues ted if a lesser Varian ce s ha ll be more ap propriately in accord with th e terms and provisions of
this Section and wi th the Purpose and Intent of this Chapter.
(g) Nearby Nonconfom1ity. Nonconforming characteris ti cs of nearby Lands, Structures or Bui ld ings shall not be
grou nd s for approva l of a Variance.
(h) Waiting period for re-s ubmithd. lf an application for a Variance is den ied by the Co mmunity De ve lopment Bonrd,
no further ac ti on on ano th er application for substantially th e same request on th e sa me properly shall be accept ed for
365 days from th e date of denial.
(i) Time period to impleme nt Varian ce. Unl ess otherwise stipul ated by the Co mmunit y Development Board , the work
to be performed pur s uan t to a Varia nce shall begin within six (6) months from the date of approval of th e Varian ce.
The Commun it y Deve lopment Director, upon find ing of good cause, may authorize a one time ex tension not tn
exceed un udd iti onal six (6) months, beyo nd whic h time th e Va ri ance shall be co me null and vo id .
U) A Varian ce, which involve s th e Deve lopment of Land, sha ll be transfe rabl e an d shall run with the title to the
Property unless otherwise stip ulated by the Comrn un ity Development Board.
Additiona l comments:
/\GENOA ITEM II 88
MAY 12,20 14
--------------------------
AGENDA IT EM II 88
MAY 12,2014
POLISTINA TERRY LEE
12101 2ND DR NW
CORAL SPRINGS, FL 33071
POLISTINA TERESA KAY
436 BEACH AVE
P!.QI>er:!Y.: De15tj) -----
Primary Site Address
436 BEACH AVE
Atlantic Beach FL 32233
Official Record BooktPage
16290-00364
AGENDA ITEM# SB
MAY 12,2014
Ylllue SumJ!Iary ---~---~-~-------~---
Tile#
9416
RE # • 170164-0000 ' 2013 CertifieQ. 201_4 ~I)_£'Lf!!U~
T"'xJ2igrjct
PfOP-!lrt'(JJ.~
#__of B_ullr!ing~
Legal Desc.
' S!JJ?.•;Iivi_~i_c;>fl.
Total Area
'USD3
0000 VACANT RES
0
, 5-69 16-25-29E
ATlANTIC BEACH
. 03101 ATLANTIC BEACH"
7671
Value Method CAMA CAMA
T~l Buildi_~!J Value $Q:OO $0.00
E~ra Feature Val_ue $0.00 · $0.00
Land _Value (Market) ' $306,000.00 . $3061poo.oo
l,.an.d ~a!ye (.Af.lric,) ' $0.00 $0.00
Just <.~_arket) Value. $306,oqo.oo $306,000:00
. ..J Assessed Value t306,000.00 $306,000.00
The sale of this property may result in higher property taxes. For more information go to
Save Our Homes and our Prooertv Tax Estimator . Property values, exemptions and other
information listed as 'In Progress' are subject to change. These numbers are part of the 2014
working tax roll and will not be certified until October. learn how the Property Appraiser's
Office values~
C:"p Diff/Portability ~mt $0.00 I $0.00 · $0.00 I $0:()0
~!!ruptJ,o.ros ~0.00 See below
Taxable Value $]0!i_,00_2_RO~-S~ ~~---~
Taxable Values and Exemptions-In Progress
If there are no exemptions applicable to a taxing authority, the Taxable Value is the same as the Assessed Value listed above in the Value Summary box.
County/Municipal Taxable Value SJRWMD/AND Taxable Value School Taxable Value
No applicable exemptions No applicable exemptions No applicable exemptions
Book/Page Sale Date . Sale Price D~i!d_Ip_s.trument; TvP.~ ~.1!1 ; Qualifl~i~I!/Unql,lallfi!!!:l Vacant/Improved
Vacant 16290·0036i 3114/2013 i $1,000,000.00 i SW-Special Warranty Unqualified
16107-00371 10/2/2012 $750,000.00 ' WD -Warranty Deed . Unqualified Improved
!21Z0·01488 6122/2004 $100.00 , QC -Quit Claim 'Unqualified Improved
03034-01179 1/1/1899 . $100.00 -Unknown Unqualified Improved
Extra Features
No data found for this section
Land & LegaJ
l,_i!_nd_ __ _ -·· _ ___ __ ___ _ __ -~·----_____ _ _ --, L~-----------·-
LN «;:gd~ i Use Description ~l!inq Front Depth Category Land Units 4ro.~.J:V.P.~ ' Land Value !
1 0100 l RES lD 3·7 UNITS PER AC ARS-2 50.00 145.00 Common 50.00 Front Footage. $306,000.00 !
LN Legal Description
1 . 5-69 16-25-29E
2 ATLANTIC BEACH
3 LOT3 BLK 22
Buildings
No data found for this section
2013 Notice of Proeosed Propt:!O¥ Taxes {Truth in Millage Notice}
Taxi!lgPI§t!:!c;t Assessed Value Exemptions Taxable Value ·Last Year
------~-------,
Proposed • Rolled-back ·
Gen Govt Beaches $306,000.00 $0.00 $306,000.00
Public Schools: By State law $306,000.00 $0.00 . $306,000.00
' By local Board $306,000.00 . $0.00 $306,000.00
Fl Inland Navigation Dist. $306,000.00 $0.00 $306,000.00
Atlantic Beach $306,000.00 $0.00 $306,000.00
· Water Mgmt Dist. SJRWMD $306,000.00 $0.00 $306,000.00
Gen Gov Voted $306,000.00 $0.00 $306,000.00
School Board Voted $306,000.00 $0.00 I $3061000.00
Urban Service Dist3 $306,000.00 $0.00 ; $306,000.00
i Totals ... ---J.Y.~ \fi.)ue -
" .... ·"'" ,. . -· ~-------,_,
Assessee!. Y!J!Ue
Last Year ' ~4Q:?!_170.00 $405,170:00
Current Year $306,000.00 $3~Jooo.oo
Property Record Card {PRC)
$2,732.71
$2,168.47
$910.82
$13.98
$1,348.61
$134.23
. $0.00
$0.00
: $0.00
;17,30~·.11!
E!!:em.~ions
't~-~0
$2,522.85 $2,064.31
$1,572.84 $1,659.04
$687.89 $696.85
. $10.56 $10.16
$1,018.52 '$1,014.57
$100.46 $100.46
$0.00 $0.00
$0.00 '$0.00
$0.00 $0.00
__ ,_t5~~ , . ~5_24~~-.
l)sxable Ya.lu.e.
$405,1.70.00
'$0.00 ----· $306,oog_.oo,~------
The Property Appraiser's Office (PAO) provides historical property record cards (PRCs) online for 1995-2005. The PAO no longer maintains a certified PRC file due to changes in
appraisal software; therefore, there are no PRCs available online from 2006 forward. You may print this page which provides the current property record. (Sections not needed
can be minimized.) To print the past-year cards below, set your browser's Page Set Up for printing to Landscape.
f
t--l' o_z:
g -~ ~
~
Q -· ~~ ~a
~ ;·
~ ~ ~rt ~~
~OT 3, BLOCK 22, PLAT No.1, SUBDIVISION "N , ATLANTIC BEACH, AS RECORDED IN PLAT BOOK 5,
~AGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, SAID BLOCK 22 IS ALSO
~NOWN AS BLOCK 20, ATLANTIC BEACH, PLAT BOOK 5, PAGE 64 OF THE CURRENT PUBLIC
ECORDS OF DUVAL COUNTY, FLORIDA.
LOT4
145.29' FIELD
145.00' FOUND ?t:' CUT IN
COHCRETE FOOTER
OA o
~:s " I C§W
f:Hl
~:J io_, ~~.1~191 lbtlCH -~ f ~ .... 0 ~0 co c.. .... 0~ > ~a { fH111111Hf ~; ~ ~D~ LO*~o
D ~<( C!)w 0::
~a:l
0.11'"' --I
FOUND 314" IRON -O.l
PIPE, NO CAP
143.76'
143.92' FI ELD
LOT2
. ~ 8-
ci ~ ~I
~
I
I
I
> C) s:cn >~ -<v _>
N-• -l
NC'n
~s: .... ,.,.,
oe c:::;
AGENDA ITEM:
SUBM ITIED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Sailfish Drive Storm Sewer Point Repair
Rick Carper, P.E ., Public Works Director f2-C
March 17, 2014
STRATEGIC PLAN LINK: None.
AGE NDA ITEM II BC
MAY 12,20 14
BACKGROUND: Following the heavy rainfalls this winter, Staff noted i ndications of road
deterioration along the 400 and 500 Blocks of Sailfish Drive East, apparently caused by
problems with the storm sewer system. This indication was confirmed following
cleaning and televising of the affected pipe section, which documented leakage at both
joints and longitudinal cracks along the entire segment.
To minimize impact to residents of digging up nearly 600 LF of pipe, Staff proposes to
piggyback on an exi sting ln situfo rm stormwater repair bid (City of Melbourne) and have the
affected segment of storm pipe lined using their Cu r ed in Plac e Pipe (CIPP) process . Th e
lnsituform cost estima te for this repair is$ 57,237.46.
BUDGET: There are no funds budgeted for a repair of this magnitude. A transfer of
budgeted funds will be required.
RECOMMENDATION: Staff recommends the Commission authorize the City Manager to
transfer $62,000 from the PW Stormwater Account 470-0000-538-63 -00, Project
Number PW 1407 (Seminole Road Drainage Improvements) to PW Stormwater Account
470-0000-538-34-00, Other Contractual Ser vic es, to allow a 10% contingency on the
proposed repairs
ATIACHMENT: (1) Florida Pipe Tech Report of Television In spection
(2) lnsituform Cost Estimate Summary
.
REV IEWED BY CITY MANAGER: _--?"'?: ___ ._V:._ao:_-_._-_~-~------
l.Treen Cove Springs, Fl32043
Office (904) 284-2141
Fax (904) 284-1938
PIPE INSPECTION LOG
AGENDA ITEM# SC
MAY 12,2014
Client: CITY OF ATLANTIC BEACH
Project: SAILFISH & TRITON PO# 140840
VIDEO DATA
TAPING YES I X I NO c=J
DVD# 1
PIPE DATA
Type: vc
PVC
00
DI
RCP A2000
ERCP LINER
ADS ELIP
CONDITION: WATER ADD
Good B Yes Ed
Fair NO X
Poor
\.f.H. DATA
TYPE: CONDITION
Precast B Good B Brick Fair
Liner Poor
Remarks:
DEFLECTION TEST DATA
TESTING: 5% PASS
YES CJ FAIL L.f
7.50% PASS -NO CTI FAIL L.f
MH# M.H.
G (!)
MHDEPTH: MHDEPTH:
CAMERA TRAVEL FLOW DIRECTION
MEASUREMENT FROM CENTER TO
CENTER OF M.H'S
OPERATOR M'I' ----INSPECTOR MARKLYON
LINE SECTION
Date: 2/10/2014
Ref.# Footage Remarks
1
2 7.5 JOINT
3 15 JOINT
4 23 JOINT
5 32 JOINT
6 39 JOINT
7 48 !JOINT
8 56 JOINT
9 64 JOINT
10 72 [OINT
11 80 GOINT
12 88 JOINT
13 96 JOINT
14 104 fOINT
15 112 JOINT
16 120 !JOINT
17 125 PIN HOLE WITH STAINING AT 10 O'CLOCK
18 128 JOINT
19 137 JOINT
20 142 HAIRLINE CRACK/STAIN. -LEAKING WATER
21 144 JOINT
22 152 JOINT
23 155 PINHOLE WITH STAINING AT 3 O'CLOCK
24 159 IJOINT
25 168 IJOINT
26 176 !JOINT
27 189 IJOINT
28 192 GOINT
2fJ 200 IJOINT
30 208 IJOINT
31 216 IJOINT
32 223 HAIRLINE CRACK-8 -12 O'CLOCK
33 225 ENDOFUNE
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
41}
CONTINUATION LOG SHEETS MAY BE USED
2
lireen Cove Springs, Fl 32043
Office (904) 284-2141
Fax (904) 284-1938
PIPE INSPECTION LOG
AGENDA ITEM# 8C
MAY 12,2014
Client: CITY OF ATLANTIC BEACH
Ptoject: SAILFISH & TRITON PO# 140840
VIDEO DATA
TAPING YES I X I NO
DVD# 1
PIPE DATA
Type: vc
PVC
00
DI
RCP A2000
ERCP LINER
ADS ELIP
CONDITION: WATER ADD
Good § Yes @ Fair NO
Poor
VI.H. DATA
TYPE: CONDITION
Precast § Good B Brick Fair
Liner Poor
Remarks:
DEFLECTION TEST DATA
TESTING: 5% PASS
YES CJ FAIL L.f
7.50% PASS
NO CTI FAIL r---L.f
MH# M.H.
G C)
MHDEPTH: MHDEPTH:
CAMERA TRAVEL FLOW DIRECTION
MEASUREMENT FROM CENTER TO
CENTER OF M.H'S
OPERATOR MT ----INSPECTOR MARKLYON
LINE SECTION
Date: 2/10/2014
Ref.# Footage Remarks
1
2 8 JOINT
3 16 JOINT-LEAKING WATER@ 11 O'CLOCK
4 24 JOINT
5 30 JOINT
6 38 JOINT
7 46 JOINT
8 54 JOINT
9 62 }OINT
10 70 JOINT
11 78 JOINT
12 86 JOINT
13 94 JOINT
14 102 !JOINT
15 110 JOINT
16 118 UOINT
17 126 UOINT LEAKING WATER@ 10 O'CLOCK
18 135 IJOINT
19 143 !JOINT
20 151 IJOINT
21 159 !JOINT
22 167 JOINT
23 175 JOINT
24 183 JOINT
25 191 JOINT LEAKING WATER@ 2 O'CLOCK
26 199 JOINT
27 207 JOINT
28 215 JOINT
2~ 223 JOINT LEAKING WATER@ 11 O'CLOCK
30 229 ENDOFLINE
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
~
CONTINUATION LOG SHEETS MAY BE USED
3
ureen cove ~prings, Fl 32043
Office (904) 284-2141
Fax (904) 284-1938
PIPE INSPECTION LOG
AGENDA ITEM# 8C
MAY 12,2014
Client: CITY OF ATLANTIC BEACH
Project: SAILFISH & TRITON PO# 140840
VIDEO DATA
TAPING YES I X I NO
DVD# 1
PIPE DATA
Type: vc
PVC
00
DI
RCP A2000
ERCP LINER
ADS ELIP
CONDITION: WATER ADD
Good B Yes Ed
Fair NO X
Poor
\1.H. DATA
TYPE: CONDITION
Precast B Good B Brick Fair
Liner Poor
Remarks:
DEFLECTION TEST DATA
TESTING: 5% PASS f----
YES c=J FAIL L.f
7.50% PASS
NO [I] FAIL L.f
MH# M.H.
C) G
MHDEPTH: MHDEPTH:
CAMERA TRAVEL FLOW DIRECTION
MEASUREMENT FROM CENTER TO
CENTER OF M.H'S
OPERATOR MT LINE SECTION 5 ----INSPECTOR MARKLYON Date: 2/10/2014
Ref.# Footage Remarks
1
2 7 OINT PINEHOLE LEAK@ 10 O'CLOCK
3 9 OINT
4 17 JOINT
5 26 OINT
6 36 OINT LEAKING WATER 6-7 O'CLOCK
7 39 ENDOFLINE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2f)
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
~
CONTINUATION LOG SHEETS MAY BE USED
ITEM
NO.
PROJECT NAME: City of Melbourne
CIPP Rehabilitation Services
RFP # 10-118-0-2009
Expires: 3-31-15
Project Name: Atlantic Beach Storm Drains
DATE: 3-6-14
DESCRIPTION
CIPP Rehab. Storm Sewer Mains
1511 diameter
6.0 mm normal thickness (.236)
7.5 mm normal thickness (.0295)
9.0 mm normal thickness (.354)
Charge for 1.5mrn increaser per LF
18" diameter
6.0 mm normal thickness (.236)
7.5 mm normal thickness (.0295)
9.0 mm normal thickness (.354)
10.5 mm normal thickness (.413)
Charge for 1 .5rnm increaser per LF
24" diameter
9.0 mm normal thickness (.354)
10.5 mm normal thickness (.413)
12.0 mm normal thickness (.472)
13.5 mm normal thickness (.531)
15.0 mm normal thickness (.591)
Charge for 1.5rnrn increaser per LF
Clean & Inspection -Storm
Light Cleaning and inspection
8" -12" diameter
14" -18" diameter
20"-24" diameter
Traffic Control -City Right of Way
Flagman
Arrow Board
Barricades
Lane Dividers
Mobilization
UNIT
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
setup
setup
setup
setup
lump sum
CONTRACT VALUE
UNIT
PRICE QTY
$63.24
$66.30
$69.36 39
$1.53
$65.28
$75.48
$79.56
$87.72 227
$3.06 1
$100.98
$107.10
$112.20 0
$117.30 233
$125.46
$3.26
$2.14
$3.26 266
$5.10 233
$306.00 4
$183.60 0
$255.00 3
$15.30
$2,550.00 1
0:\Public Works\Projects\Point Repairs\lnsituform Stm Cost Sheet FY 2014_Sailfish.xls
AGENDA ITEM# 8C
MAY 12,2014
$57,237.46
TOTAL
AMOUNT
$0.00
$0.00
$2,705.04
$0.00
$0.00
$0.00
$0.00
$19,912.44
$694.62
$0.00
$0.00
$0.00
$27,330.90
$0.00
$0.00
$0.00
$867.16
$1,188.30
$1,224.00
$0.00
$765.00
$0.00
$2,550.00
57,237.46
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM II 8D
Mf\Y 12,2014
AGENDA ITEM:
SUBMITTED BY:
Approval of City Sanitation Contract Modification and Extens ion
Rick Carper. P.E ., Public Works Director
DATE: Apri116, 2014
STRATEGIC PLAN LINK: None
BACKGROUND: The City's Sanitation Contract with Advanced Disposal Services (ADS)
expires on May 31 , 2014. At the March 1 01h Meeting, the Commission approved
extension of the contract a nd authorized Staff to pursue modifica ti ons to the exis ting
contract with ADS. City Staff, including the City Manager and City's Consultant, Bill
Redman , met with the ADS General Manager and Municipal Marketing and
Gove rnmenta l Affairs representative to determine necessary revision s for the contract
extension. Significant changes proposed for Commission approval include:
ADS to pay Tipping Fees for Residential and Commercial garbage: As
reported when the Commission a pproved extending the current contract, ADS has
offered to continue pe rforming residentia l (garbage, yard trash a nd recyc ling) for the ra te
of $15.79 per month and to pay the associated tipping fees for residential garbage a t
COJ's landfill; the fee for Commercial will remain $1.95 per cubic yard but with a tippage
charge of $1 .29 per cubic yard in cluded , but the actual rate paid to ADS will be $3.24 per
cubic yard. A rate increase fo r commercial customers will not be required this year.
Convert to Single Stream recycling with new recycling carts: ADS will
provide new, -65 gallon recycling carts for all residential customers, significa ntly
simplifying the recycling process for Atlantic Beach residents ;
ADS to replace entire primary collection fleet by the end of 2018.
Replacing all dumpsters with new, plastic containers: During the next year,
ADS will replace a ll co mmercial a nd multifamily residential dumpsters with new, p lastic
dumpsters. The plastic dumpsters will be easier to clean and ma inta in and will also be
quieter to service .
BUDGET: Sanitation services are budgeted in account 420-4201-534-3401 (Pickup
and Haul Contract), with original budget of $1,250 ,000 . Account balance after six
months of service is approximately $623,000.
RECOMMENDATION: Staff re com m ends approval of the contract modification s and a uthorize
the City Manager to sign the extension for the City.
ATTACHMENTS: 1. Summary of Contract Additions and Modifications
The entire contract is on file in the City Clerk's office and is ava ilable on the City website
at www.coa b .us/
REVI EWED BY C ITY MANAGER: ·~-1,. 1/->4 --,, ,_:«-tr k(
Summary of Contract Additions, Modifications and Improvements
AGENDA ITEM# 8D
MAY 12,2014
• Replaced the name "Waste Services" (original 2007 contractor) with
"Advanced Disposal" throughout the contract.
• Changed the word Toters to Carts throughout contract ("Toter'' is
proprietary name).
• Clarified ADS responsibilities for collection of yard trash if more than 5
cubic yards was placed for collection and for cleanup of loose debris
dragged into street as result of collection efforts.
• Allows ADS to take yard debris to any authorized disposal facility at their
discretion (including their own landfill).
• Provides for single stream residential recycling with ADS provided carts as
discussed in Staff Report.
• Allows for City to enter into agreement with Republic Services requiring
recycled materials be delivered to the Republic Material Recovery Facility
(MRF) and the City to receive payment based on our recycling volume.
• Provides additional detail as to which CPI Index is to be used for
calculating annual changes in the cost of doing business, with CPI
increase allowed in June 2016.
• Specifies that residential and commercial tippage fees are included in the
rates paid to ADS.
• Inserted procedure for collection of and payment for storm debris into
contract body (previously included as an addendum).
• Adds Memorial Day, Independence Day and Christmas Day to list of
holidays when collection will be not be made, with all pickup to be one day
later (were included in original WSI contract, along with Labor Day, but
were removed by addendum in 2009).
• Adds requirement to have any sub-contractors approved by the City.
• Specifies reimbursement rates at beginning of contract and that each rate
is broken into costs for collection, fuel and disposal (tippage) to allow
individual components to be adjusted when appropriate. Also specifies
that rate for disposal of residential garbage is for Trail Ridge landfill and
any change in disposal facility may require a change in City disposal
costs.
• All primary collection vehicles will be model year 2014 or newer by 2018.
• Clarifies requirement for ADS Supervisor to be in City at all times when
collection vehicles are operating unless authorized by the Public Works
Director.
• Requires advance notification of intent to change disposal sites. If change
results in disposal cost savings, City shares in savings, but ADS is
responsible for any increase in disposal costs if change made at their
request.
• Changes to Insurance and Liability clauses to coincide with current
insurance practices.