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2-9-15 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING February 9, 2015 -6:30 PM AGENDA Call to order Invocation and pledge to the flag 1. A. B. Approve the minutes of the Commission Meeting of January 26, 2015. Approve the minutes ofthe Joint Workshop of January 26,2015. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Atlantic Beach Country Club -Acceptance of Utilities for Ownership and Maintenance. B. Release and Settlement Agreement between City of Atlantic Beach and City of Jacksonville resolving all existing disputes between them relating to tipping fees. 4. Consent Agenda None. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 20-15-129, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Beaches Town Center Wayfinding Signage. B. Grant Research Based on Assessed Needs Report. 9. City Manager A. City Manager's Repmi. • 90-Day Calendar (February through April2015) 10. Reports and/or requests from City Commissioners and City Attorney Adjourn Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page ofthe City's website at www.coab.us. 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 1 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 pmiicipate in this meeting should contact the City Clerk by 5:00PM, Friday, February 6, 2015. 2 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 Encoa.mage 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 IN ATTENDANCE: Mayor Carolyn Woods MINUTES REGULAR CITY COMMISSION MEETING January 26, 2015 CITY HALL, 800 SEMINOLE ROAD City Manager Nelson VanLiere AGENDA ITEM #lA FEBRUARY 9, 2015 Mayor Pro Tern Mark Beckenbach City Attorney Richard Komando Commissioner Jonathan Daugherty (anived at 7:07pm) Commissioner Jimmy Hill Commissioner Maria Mark Call to Order/Pledge: City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Mayor Woods called the meeting to order at 6:31 p.m. Commissioner Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval ofMinutes A. Approve the minutes of the Commission Meeting of January 12, 2015. B. Approve the minutes of the Commission Workshop of January 12, 2015. C. Approve the minutes of the Town Hall Meeting of January 10, 2015. Mayor Woods asked ifthere were any conections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Teresa Flores, 233 Belvedere St., reminded the Commission of the Ordinance prohibiting parking on Seminole Rd. and requested the parking aprons be removed from the design. She also asked who would take care of the landscaping shown in the design; can they get rid of the electrical wires that cross Seminole Rd.; and could they put a roundabout at the intersection of Plaza, Sheny Drive and Seminole Rd. She further discussed the drainage and number of light poles. Richard Reichler, 2025 Beach Ave., addressed what he believes is favoritism granted by the Commission and staff to the owner, builder and developer of 436 Beach Ave. He recounted the violations ofthe driveway, fence and garage at the location, stating the fence and garage were built 5 ft. into the setback, which require a variance to be legal. He stated the Commission publicly expressed an interest in investigating these violations for almost a year but no investigation or any other enforcement action was initiated. He stated, as a result, in October, he submitted a request for a Code Compliance Investigation for each of the violations. He stated there has been zero action on the setback violations and vigorous opposition from Public Works for any form of enforcement of the impervious surface violations. Mayor Woods interrupted stating Mr. Reichler was making accusations that were not entirely correct and asked him to not make accusations. Mr. Reichler stated he is willing to discussion the accusations and believes he is telling the truth. He stated if they do not act immediately, he will take his complaint to the County and, if necessary, the State of Florida. He stated if he has to take this up the line, the focus will not be on the owner's specific violations but the Commission's and staffs well documented efforts to circumvent the law. January 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A FEBRUARY 9, 2015 Page2 Mark Dowling, 2025 Featherwood Drive W., Chair Trumpet -Fletcher High School Wind Ensemble, stated the opportunity to go to New York is very exciting to him. He stated at the last meeting they collected $555 from Atlantic Beach residents. He thanked them for supporting the wind ensemble and the band program. Dick Hilliard, 338 11th St., addressed the multiple street lights proposed on Seminole Road, stating there are too many; stated he concurs with the drainage program on Seminole Road but we don't need curbing. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Mayor Woods acknowledged Janet Adkins' representative Jim Adams, who was in the audience. She stated she would move the Resolution forward. Item 6A was taken out of sequence and acted on at this time. 6. Action on Resolutions A. Resolution No. 15-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING POLICE OFFICERS AND FIREFIGHTERS; REQUESTING GOVERNOR SCOTT TO INVESTIGATE THE JACKSONVILLE POLICE AND FIRE PENSION FUND'S STABILITY AND SOLVENCY; PROVIDING FOR DIRECTION TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Woods read Resolution No. 15-02 by title. Motion: Approve Resolution No. 15-02 as read. Moved by Mark, Seconded by Beckenbach Mayor Wood read the Resolution in its entirety. Commissioner Hill stated he was contacted by the Union Representative for the Jacksonville Fire Department who advised him they were in support of any investigation and were not opposed to anything of that nature. He stated he asked what Atlantic Beach's role was in this and he told him that the Mayor just wanted to support the efforts of our State Representative in something that was important. He also declared because he is a pensioner from that Board he wanted to recuse himself from the vote. City Attorney Komando stated there has to be a declared conflict and it has to be filed with the City Clerk the next day. He stated it is a personal decision for each elected official. Commissioner Hill stated since he receives funds directly from it he believe ultimately it might be a conflict. He stated he wouldn't want to vote on something that one day ends up being a conflict. (Fmm 8B, Memorandum ofVoting Conflict for County, Municipal, and other Local Public Offices is attached and made a part of these minutes as Attachment A.) Commissioner Beckenbach stated he would like to hear from Jim Adams. He stated he would like to hear what is coming from our support, specific to Ms. Adkins working toward a resolution of this. Jim Adams, 12542 Sunowa Springs, Bryceville, explained the concerns Representative Adkins is sending to the Governor for a formal financial review of the pension fund currently in place in Duval County. He stated it impacts Atlantic Beach because they are citizens of Duval County and taxpayers as well. Januat·y 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 9, 2015 Page 3 Commissioner Hill asked if the goveming board of Jacksonville has a stance/position on this investigation. Mr. Adams stated it was his understanding that they will be reviewing this proposal as well but they have not made a decision as of this date. Votes: Aye: 3-Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods thanked Mr. Adams for coming today. 3. Unfinished Business from Previous Meetings A. Request from Fletcher High Band Boosters. City Manager Van Liere explained there has been a request to the Cultural Arts and Recreation Advisory Board to fund $2,000 toward the trip for the Fletcher Band to go to Camegie. He asked Timmy Johnson to rep01i on this. Mr. Johnson stated he has nothing further to report but the representative is here as well as children from the band, if they have any questions. Motion: Authorize the City Manager to make a one-time donation in the amount of $2,000 to the Fletcher High School Band Boosters to support sending nine members of the Wind Ensemble to the 2015 National Invitational Band & Orchestra Festival at Carnegie Hall in New York City in April. Moved by Mark, Seconded by Hill Commissioner Beckenbach stated, although this is a phenomenal trip, he can't justify spending taxpayer money to fund the trip because he believes this would just open Pandora's Box as far as allowing other people to make requests. He stated he, personally, believes private donations are important so he and his wife will donate to the cause, but he will not vote other people's money. At the request of Commissioner Mark, Mr. Johnson explained what the discretionary fund is used for. He stated the funding is there and the Committee voted 4-2 to fund $2,000. Commissioner Mark stated this is an incredible opportunity. She stated she asked for an accounting, which she received from Ms. Bowman today. She stated there are now 8 students from Atlantic Beach, because one had to drop out due to concems about the financial obligations. She stated the children spent 9 hours on Saturday and 6 hours on Sunday playing in small groups at Marsh Landing and the Neptune Beach Publix stores. She stated they were able to raise an additional $5,000+ for this trip. She stated she believes, as a Commissioner, this is pmi of our job, taking care of our community if we have the wherewithal to do that. She stated this is a discretionary fund and is something the Commission has funded and she believes this request supersedes any other request that could be made from this kind of fund for this purpose. She stated the opportunity these young people will have cannot be duplicated and they may not have another chance to have this opp01iunity. She stated she supports giving this $2,000 and will also give a personal contribution and approach the Buffet Group for support, as well. Commissioner Hill stated he sat in on one of this Committee's meetings and believes they probably did a pretty good job of picking a good use for the funds that were set aside for this kind of thing. He stated he January 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #1A FEBRUARY 9, 2015 Page4 doesn't consider these funds any different from any other educational activity we are involved in as a community. He stated he believes it is an investment in the community and will be voting in favor of it. Mayor Woods stated she understands Commissioner Beckenbach's hesitation but she, too, understands the importance and the extent to which having these opportunities gives back to the community in so many different ways. She stated she is in favor. Votes: Aye: 3 -Hill, Mark, Woods Nay: 1 -Beckenbach MOTION CARRIED Mayor Woods stated Commissioner Daugherty is travelling and his flight has been delayed due to a storm. B. Atlantic Beach Country Club-Acceptance of utilities for Ownership and Maintenance. Mayor Woods stated this item was deferred while details are worked out. C. Release and Settlement Agreement between City of Atlantic Beach and City of Jacksonville resolving all existing disputes between them relating to tipping fees. City Manager Van Liere explained this is the agreement that the City of Jacksonville worked out with Atlantic Beach to resolve the past due tipping fees. He stated there is also an ordinance on the agenda tonight to fund the payment of $322,709, which should completely resolve our past due issues. Motion: Authorize the Mayor to sign the attached Release and Settlement Agreement and authorize the City Manager to pay Jacksonville the amounts due upon this agreement being fully executed by both parties. Moved by Woods, Seconded by Hill Motion: Amend to send the Release and Settlement Agreement to the City of Jacksonville first and have them execute it and then return it to us for our execution and dissemination of payment. Moved by Mark, Seconded by Hill Discussion ensued. Mr. VanLiere stated procedurally there is no problem with waiting on Jacksonville to go first. He stated in negotiations they worked hard to push this through and he thought it helped us to show them that we were willing to go first and get this taken care of and it puts pressure on them to follow up and execute it. Further discussion ensued. City Attorney Komando stated this item is on the City of Jacksonville's agenda tomorrow. He stated it is under introduction of new ordinance and is on first reading. Discussion ensued. Commissioner Mark withdrew her amendment; Mayor Woods withdrew her motion. Motion: Defer the authorization of the Release and Settlement Agreement until the February 9, 2015 Commission Meeting. AGENDA ITEM #lA FEBRUARY 9, 2015 January 26, 2015 REGULAR COMMISSION MEETING PageS Moved by Mark, Seconded by Daugherty Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 1-Beckenbach MOTION CARRIED Commissioner Becken bach asked the City Manager if there will be a summary on the tipping fees in the near future. Mr. VanLiere asked if he was refelTing to the consultant's repmi. Commissioner Beckenbach stated yes. Mr. Van Liere explained in 2012 the City commissioned Mid-Atlantic Solid Waste Consultants to a study and paid $18,900, which was a joint study with Atlantic Beach and Neptune Beach. He stated that study was supposed to serve both cities' interests in helping resolve this. He stated the report has been kept confidential at the request of Neptune Beach because they believe their case is better served without that information being out in the public. He stated, out of respect for them we have honored that request, which is how it stands today. He stated City Attorney Komando has indicated that the contents of the report support our position on this settlement agreement. Commissioner Beckenbach asked the City Attorney to elaborate on the report. Mr. Komando stated before he began working for the City it was claimed to be privileged according to preparation and anticipation of litigation and for him to describe what is in the repmi at that point is going to waive that privilege. He stated if it is the Commission's direction that they want to waive that privilege then they might as well just release the report. Commissioner Beckenbach asked if he has spoken to Neptune Beach about us releasing the report. Mr. Komando stated he left them a message indicating it could be a topic of discussion for tonight but has not heard back from their counsel. Discussion ensued. It was the consensus of the Commission to move forward with the negotiated agreement in the current form. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Building Department Repmi for December 2014. B. Authorize the City Manager to execute the CDBG agreement with the City of Jacksonville accepting these funds. C. Approve the award of resurfacing of the 11 listed streets to Hubbard Construction in the amount of $304,000 piggy-backing off Jacksonville's existing paving contract with Hubbard Construction (#6763-16). Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A, B & C as read. Moved by Daughe1iy, Seconded by Mark AGENDA ITEM #lA FEBRUARY 9, 2015 January 26, 2015 REGULAR COMMISSION MEETING Page 6 Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports Mayor Woods stated the Commission met with the Charter Review Committee tonight at a workshop and they submitted their report. The next workshop will be Febmary 9 at 5:00p.m. in the Chamber. 6. Action on Resolutions A. Resolution No. 15-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING POLICE OFFICERS AND FIREFIGHTERS; REQUESTING GOVERNOR SCOTT TO INVESTIGATE THE JACKSONVILLE POLICE AND FIRE PENSION FUND'S STABILITY AND SOLVENCY; PROVIDING FOR DIRECTION TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. This item was taken out of sequence and acted on earlier in the meeting. 7. Action on Ordinances A. Ordinance No. 90-15-223, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH" FLORID~ AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO AMEND CONDITIONS OF LOTS EXTENDING BETWEEN BEACH A VENUE AND OCEAN BOULEVARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read the Ordinance by title. Mayor Woods opened the Public Hearing. Richard Reichler, 2025 Beach Ave., stated at the last meeting he asked two specific questions of the Commission concerning this law change; both were completely, if not intentionally, ignored. He asked what citizen asked that this law be changed and what are the unintended consequences that Mr. Hubsch keeps talking about, but never identifies, with the prior law change. He stated since they did not answer these questions, he will answer them for the Commission. He stated Lindley Tolbert appears to be the answer to both questions. He stated she and one or two other property owners stand to immediately profit from this law change. He stated the Commission and staff bent over backwards to help Ms. Tolbert to violate several laws at another lot, 436 Beach Ave. He stated the unintended consequence Mr. Hubsch refers to is the prior law that this change reverses did not benefit Ms. Tolbert and perhaps a couple of her immediate neighbors. He stated this law change should be titled the Lindley Tolbert Appreciation Law, as they have fought very hard to insure not only that she be able to violate the City's laws at will, but they will work to change the laws to specifically benefit her. Mayor Woods stated he was overstepping the boundaries. She stated she is willing to listen to what he has to say but he is not allowed to make such derogatory accusations. Mr. Reichler apologized but stated these are facts and he is willing to discuss them at any time. Mayor Woods stated they are not facts. January 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 9, 2015 Page7 Mr. Hubsch stated the Code they are going back to has been in place since 1940. He stated it was briefly changed last year in March and the Code change they are putting before them is to change it back to how it had been since 1940, so he doesn't see how that benefits anybody financially any more than it has since 1940. Mayor Woods stated that was the answer Mr. Reichler received at the last meeting as well. Mr. Hubsch stated Mr. Reichler is very good at muddying information but the facts are they are simply reverting it back to how it used to be. He stated his predecessor put this forward and he believes he didn't see the full consequences of it. He stated it has been vetted through the Community Development Board twice; they have discussed it numerous times. He stated he has put 20 different scenarios in front of them; this is the scenario they wanted. He stated this is the scenario that makes the most sense; it has operated that way since 1940 and that is why the Ordinance is before the Commission. Motion: Approve Ordinance No. 90-15-223 as read. Moved by Daugherty, Seconded by Mark Commissioner Hill stated he believes they made a mistake in attempting to do something that allows someone to switch their yard and he believes their intentions were completely honorable. He stated they immediately, thanks to Mr. Reichler, realized that it created other issues, but he doesn't know what else they can do other than go back and put it back the way it was because it is such a complex issue that anything beyond that creates another layer. He stated he had intended to meet with Mr. Reichler to understand what would be a resolution for him. He stated because of the nature of the issue and the specific nature of the accusations, could the City Attorney have a conversation with him because he believes there is possibly a communication breakdown with staff. He stated to staff, it is difficult not to get frustrated but he would ask staff to not become as frustrated with the citizen no matter how derogatory they are. He stated it is really important that they not get that frustrated with the language that just took place. He stated he doesn't want to make a big deal out of it but he doesn't want to accuse people of muddying the water no matter how much they do or don't; it doesn't matter. He stated he does want to understand what would be a resolution to this, if there is one that is at the table and Mr. Reichler may have a resolution. He stated he was under the impression this was the resolution he was shooting for at the first meeting and asked if he can bring him back to the podium and ask him in this public forum what a resolution would be. Mayor Woods stated no. Mr. Komando stated the Public Hearing would have to be reopened. Commissioner Hill asked if they can reopen it. Mayor Woods stated no, she stated if he wants to do that privately she would agree. She stated she believes that issue he is asking for a solution to is not on our agenda tonight and if he can come up with a clear desire he can bring it to the City Manager and if it is something that needs to come before the Commission, they can do that. She stated she wants to clarify that there were some permits that were issued that probably should not have been issued and that was the past administration and that administration is not here anymore. She stated she was on that Commission and she is on this Commission and neither Commission was compliant with that nor was the Community Development Board; it was solely administrative decisions that have brought this problem upon us. She stated we are working diligently to try to figure it out; it's a mess. She stated she welcomes any Commissioner to speak to Mr. Reichler and try to figure out what it is that he really thinks we can do and would fu1ther request that the City Manager diligently look at his request for Code Enforcement to look at this driveway. She stated the garage is closer to the street than it is supposed to be because permits were issued that shouldn't have been and then staff brought us the changes to this Code that we made to try to make it legal in retrospect. She stated that is when we found out that the garage was closer to the street then it was supposed to be and realized the changes to this ordinance would allow that kind of issue to reoccur, which is why we are changing it back to the way that it was. She stated tonight's question is do they approve changing the Code back to the original language. January 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM# lA FEBRUARY 9, 2015 Page 8 Commissioner Beckenbach stated he really appreciates Mr. Reichler coming up. He stated they have talked about having a watchdog on a regular basis and he finds that Mr. Reichler is probably one of the best watchdogs we have as far as Code Enforcement. He stated he appreciates him paying attention to what is going on throughout the entire City and stated he thanked him very much. He stated as far as this item, his preference is the 20' in the front and 20' in the back yards and would like to remain with this ordinance as it IS. Commissioner Hill stated there were some specific variances made for individuals and if that was the case it wasn't by this Commission and he doesn't want to leave the public with a standing accusation that this Commission is currently making specific laws for specific individuals, nor does he believe our current staff IS. Votes: Aye: 4-Daugherty, Hill, Mark, Woods Nay: 1-Beckenbach MOTION CARRIED B. Ordinance No. 20-15-129, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read the ordinance by title. Motion: Defer Moved by Daugherty, Seconded by Hill Commissioner Mark asked if they shouldn't just go ahead with the first reading, since it has two readings. Mayor Woods stated that is right, then they will be finished with both at the next meeting. Commissioner Daugherty withdrew his motion and Commissioner Hill withdrew his motion. Motion: Approve Ordinance No. 20-15-129 as read. Moved by Mark, Seconded by Hill Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0- MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Beaches Town Center Wayfinding Signage. Mayor Woods stated this item is deferred. Commissioner Beckenbach stated they should put an app out instead of the signs. B. Seminole Road Improvements. AGENDA ITEM # lA FEBRUARY 9, 2015 January 26, 2015 REGULAR COMMISSION MEETING Page9 Director of Public Works Doug Layton summarized his staff report showing slides of the various options. He answered questions from the Commission. The Commission went through the features, stating what they do and don't want, as follows: Commissioner Daugherty Concurs with all of the recommendations Commissioner Mark No parking on Seminole Road 8" ped path on west side too wide; compromise to 6' sidewalk on both sides Street lighting on both sides of street Tree island only at beginning of Seminole/ Atlantic Landscaping burdensome, wants to see native plants and natural grasses but no crepe myrtles Curbing handled by engineer Raised crosswalks at intersections Mayor Woods reiterated they need to decide on the Curbs, Landscaping, Lighting, Ped Path and Parking. Mr. Layton stated he needs a decision on the following: Decide to build or not Bioswales or pond required for stormwater if project is done Curbing, choose standing or Miami Parking has been minimized to 5 spots per block, but can go to no parking Swale landscaping, plantings or grass 8 ft. ped path improves safety 4 inch raised crosswalks Street lights-currently designed for just ped path Oak islands Wider driveways 3x3 cart pads Commissioner Hill No on-street parking No curbs, only ribbon curbs Don't plant anything more than 3 Yz ft. tall unless a single trunk Crosswalks good idea No oaks in middle of street Bike path, either 6' or 8' Commissioner Mark Doesn't think they should shelve project. Commissioner Beckenbach Wants to see project go forward. Likes 8 ft bike path, bioswales Curbs okay Eliminate parking January 26, 2015 REGULAR COMMISSION MEETING Raised crosswalks Street lights whatever available AGENDA ITEM# lA FEBRUARY 9, 2015 Page 10 Likes island in center, but would like to have Chief Deal report ifthere may be a problem. Discussion ensued about the curbs. Mayor Woods stated what she believes she has heard as consensus was to have curbs, landscaping, island(s), raised crosswalks, minimized driveway apron, crepe myrtles, 8 ft. ped path, no pad for garbage cans, and keep lighting. Commissioner Mark stated she does not agree to three islands going down Seminole, only at beginning at Atlantic. Commissioner Daugherty No parking 8 ft. bike path Raised crosswalk Raised curbs Lighting Mr. Layton stated the consensus he heard was no parking, no trash cart pads, one island and everything else according to recommended current design. He stated he is planning to go forward according to consensus. Mayor Woods asked if they are going to consider the lines crossing the road. Mr. Layton stated, no, it is not in the budget. Discussion ensued. Mayor Woods asked Mr. VanLiere to report back at next meeting how many lines cross the street. Commissioner Mark stated its more than just burying the lines under the ground; you have to put in transformers, run the lines to the houses, etc. 9. City Manager A. City Manager's Report. • 90-Day Calendar (January 2014-March 2015) Mr. VanLiere reported that Russell Caffey started today as the new Finance Director. Stated the Robetis Street ditch will break ground in 2-3 weeks. Stated the bids for the Marsh Master Plan came in severely over budget, so staff will need to either check with the grantor on scaling back the project or decide to not do the project. Stated the Salt Air bids came in a little over budget but are doable. Reported they will open bids on Wednesday for Francis St. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Komando • Opposing counsel for the variance appeal that was scheduled for February 9 asked for the hearing to be continued to the Commission meeting on March 23. He stated his recommendation is to permit this rescheduling. He stated if it was alright with the Commission he would ask Donna to put it on the calendar for March 23 at 5:00p.m. Mayor Woods stated he had consensus for that. January 26, 2015 REGULAR COMMISSION MEETING City Clerk Bartle AGENDA ITEM# IA FEBRUARY 9, 2015 Page 11 • Stated although they already approved the minutes, she wanted to point out a change that was made. She stated the draft minutes had incorrectly listed Commissioner Beckenbach as giving the invocation, but this will be changed to Mayor Woods. Mayor Woods • Stated she does appreciate the help Mr. Reichler is trying to give us but the Commission does have a policy that they will not tolerate false accusations and/or personal attacks against anyone. • Reported that Jacksonville Beach put up a sign that says it is State law to yield to pedestrians in crosswalks and wants consensus to put some up here. It was consensus of the Commission to do so. • Stated she won't be here for the Visioning meeting. • Announced she will attend the following: February 4, Beaches Watch Annual Mayors Talk; February 6, Welcoming in the Florida State College President; February 10, will be a judge at the Mayport Middle History Fair; and February 12, Beaches Chamber Mayors Luncheon. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:05 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer ATTACHMENT A FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITIEE Hill James Kelly Atlantic Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITIEE ON 372 7th Street WHICH I SERVE IS A UNIT OF: CITY COUNTY lifCITY OCOUNTY 0 OTHER LOCAL AGENCY Atlantic Beach Duval NAME OF POLITICAL SUBDIVISION: Commissioner DATE ON WHICH VOTE OCCURRED MY POSITION IS: 01/26/15 r:i ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 88-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. AGENDA ITEM # lA FEBRUARY 9, 2015 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. o The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: o You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,_J_a_m_e_s_K_H_i_ll ____________ , hereby disclose that on_J_a_n_u_a_ry_26_• ___________ , 20 ~ : (a) A measure came or will come before my agency which (check one or more) _L inured to my special private gain or loss; -inured to the special gain or loss of my business associate, -inured to the special gain or loss of my relative, -inured to the special gain or loss of whom I am retained; or -inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: The City of Atlantic Beach passed a measure supporting an investigation into a pension fund of the City of Jacksonville by the State. I am a recipient of a pension in this fund as a result of my 28 years of service as a firefighter. I am not sure if this is a necessary disclosure and due to the unclear aspect of that question I recuse myself from the vote with no effect on the out come of the vote. ' ' 'by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. L January 27,2015 Date Filed ~ure " NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.31t;1\ FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88-EFF. 11/2013 PAGE2 Adopted by reference in Rule 34-7.010(1 )(f), F.A.C. AGENDA ITEM# 1B FEBRUARY 9, 2015 MINUTES OF JOINT WORKSHOP OF THE CHARTER REVIEW COMMITTEE AND THE ATLANTIC BEACH CITY COMMISSION HELD ON JANUARY 26,2014 COMMISSIONPRESENT: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jimmy Hill Commissioner Maria Mark ABSENT: Commissioner Jonathan Daugherty ALSO: Cflll to order. Richard Komando, City Attorney Nelson VanLiere, City Manager Donna Bartle, City Clerk Nancy Bailey, Recording Secretary CHARTER REVIEW COMMITTEE PRESENT: Chairman Don Wolfson MikeBorno Mark Tomaski Kathy Carithers Joan Carver Sally Clemens David Vincent Judith Leroux The Mayor called the meeting to order at 5:00 p.m. in the Commission Chamber. Mayor Woods explained the Workshop was being held to discuss the Charter Review Committee's proposed Charter Amendments. She turned the meeting over to Charter Review Committee Chairman Don Wolfson. Chairman Wolfson stated the Committee has completed 17 weeks, 40 hours, of meetings and believes they have completed the charge. He stated he is very proud of the work of the Committee and the City Manager, City Clerk and City Attorney. He stated they took the Commission's charge and approached this in a vety open, candid manner, leaving no item without consideration. He thanked this Committee for their voluntarism and for the spirit in which they served their fellow citizens. He stated the Commission has been made aware of each change the Committee has made and they are here to answer any questions they may have. 1. Approval of Minutes ofthe Final Charter Review Committee meeting of January 15, 2015. Chairman Wolfson asked ifthere were any corrections to the above minutes. Kathy Carithers stated on the third paragraph, under unfinished business, she questioned the words "regular municipal election" and if they should specify which election, i.e. primary or general election. Chairman Wolfson asked the City Attorney's opinion. Mr. Komando stated there reaiiy isn't a legal answer to that; it is a preference in wording. He stated the distinction he wanted to caution the Committee about was making sure that it did not allow for a special election, which is general protocol. He stated that is something the Commission can also review as they review the amendments. Discussion ensued. Mr. Komando stated, at this point, this Committee's work is closed so this will come before the Commission to make that kind of decision. He stated the minutes were just a record of what occurred and if they disagree with the record reflecting what occmTed they can ask for an exception to the minutes. He stated this is just approving the record of the meeting that took place. There were no corrections, so Chairman Wolfson asked for a motion to approve the minutes. AGENDA ITEM# 1B FEBRUARY 9, 2015 Motion: Approve Minutes of the Final Charter Review Committee meeting of January 15, 2015. Moved by Borno, Seconded by Tomaski The minutes were unanimously approved. 2. 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. Chris Jorgensen, 92 W. 3rd Street, stated he was impressed with the Charter Review Committee's work and with them individually for their amount of effort put forth and the massive amount of work they went through. He stated, as a citizen attending those meetings, he wanted to thank them and he is quite impressed. He further discussed the voting for district Commissioners, stating he is in agreement with the Committee's recommendation that they be voted on by those in their district. He stated representation is when the person is required not just to live in the district but is controlled by way of votes in the district exclusively. He thanked the Committee for addressing that issue and recommending the correct and proper change. No one else spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Discussion of Proposed Amendments. Mr. Komando stated this is the opp01tunity for the Commission to ask the Committee essentially if there were different amendments they saw on the spreadsheet what their thought processes were, if they would like them to expand on some of the discussion. He stated the way the amendments are outlined, he also indicated the dates reviewed so if the Commission wishes to go back and review any of the minutes or listen to the audio they can do that a little more easily. He stated the Article and Section shows the section of the amendment and everything else is self explanatory with strike-through and underline. He stated there are a number of things that are just changes that have occurred in the City, i.e. the first amendment is the Selva Marina Country Club which doesn't exist anymore so that was substituted with the name of the Atlantic Beach Country Club. He stated if they have questions for the Committee, now is a good time for that. Discussion of the Article II Section 9(8) regarding leasing the parks ensued. Mr. Komando stated the Committee actually pulled any reference to parks and created an entire park subsection, stating they felt strongly enough that parks were such a critical component of the City. He stated the concern was that a park would be repurposed and sold, although there was some discussion of leasing cell tower space, etc. Chairman Wolfson explained lease usually connotes long-term; if it is a use for a purpose, like an event, that isn't excluded. Discussion ensued. Mr. Komando stated they can create an exception for year-to- year leases and they can change the language. Chai1man Wolfson and Mr. Tomaski further explained the intention of the Committee related to their wording. Mayor Woods suggested adding language stating short-term leases for park, recreational and cultural arts activities will be exempt. Further discussion ensued. Mr. Komando stated there will be a series of workshops for the public to come in and comment about -2- this; this isn't the last time. Discussion ensued. AGENDA ITEM# lB FEBRUARY 9, 2015 Chai1man Wolfson stated, having experienced and participated in a number of workshops, it is usually customary for there to be dialogue back and forth between the Committee and the Commission, not just the Commission. He stated he is clarifying, as Commissioner Hill said, that the dialogue is that the Commission doesn't need to listen to the Committee, they will have the dialogue among themselves. He stated he would like to know the parameters of the workshop. Mayor Woods stated as they go through this the intention of the Committee is perfectly legitimate. Commissioner Hill stated his statement was that they are not asking permission to change it; it is their job to change it. He stated he wasn't saying they aren't taking input from the Committee; the Committee is the driving force behind it. He stated when they go back with a discussion amongst themselves, they shouldn't ask the Committee unless they have a question because it would be a very cumbersome process. Chairman Wolfson stated, in that vein, the word lease was put in and they don't want it to be stricken because a 3-2 vote could in essence lease any part of our parks by a future Commission. He stated it doesn't mean you shouldn't tweak it, but the intent is to be careful of a 3-2 vote that could change the use of any parkland by putting a lease in that would be changed by the change in the Commission in the future. Discussion ensued. Mr. Tomaski further stated, as a reminder, this is a process that is brought up by many citizens within the City and this is our constitution. He stated it is designed to have limits on the powers of the individuals who are elected. He stated Commissioner Hill is right that they are trying to restrict this; the lease is one of the critical points where they saw a weakness, which is why it is in there. He stated he is even more concerned that if people understand there are weaknesses in which we obtain parkland and we can tum around and lease, sell or give them away, why would someone give us property. He stated it would be really difficult to back off on this particular item, whether a lease, sale or gift. Mayor Woods went through each of the following amendments and they were discussed by the Commission. Mr. Komando further explained the amendments as did Chairman Wolfson. Chairman Wolfson stated their purpose was to try to remove misunderstanding. In the order as listed on the Chart, the Commission agreed on Article II Section 6, Article II Section 8, Article II Section 9 (3), Article II Section 9 (Pass ordinances ... ), Article II Section 9(9), Article II Section 10, Article II Section 8, Article II Section 11, Article II Section 20, Article II Section 16, Article III Section 22(2), Article III Section 22(1), Article III Section 22(4), Article III Section 24, Article III Section 22, and Article IV Section 28(4) as written. Note: Article II Section 9 (13) on page 1 (mayor pro tempore) was not addressed. Commissioner Beckenbach stated he wanted to change all references to "he" to "he/she" throughout the Charter. 4. Future Workshop Schedule. The next workshop will be held at 5:00 before the next meeting, February 9. Commissioner Beckenbach asked the City Attorney if, since the Committee has completed their work, can the Commission speak to them pertaining to the work they have done. Mr. Komando stated yes, the Committee's work is completed; they are citizens at this point. Chairman Wolfson stated, for clarification, he wasn't sure that happens, because if they are to report and sit before the Commission as a Committee, if they disband them that goes away. Mr. Komando stated they don't have to sit as a Committee; they can come as citizens and still provide the same background and knowledge that went into the Committee's work. Mayor Woods asked the City Clerk to confi1m that the way the Committee was set up, there was -3- language that when we accepted their report that they were disbanded. AGENDA ITEM# 1B FEBRUARY 9, 2015 Commissioner Hill thanked the Committee for their time. Mayor Woods also thanked the Committee and stated they are invited back for every workshop. It was consensus to continue at the next item (page 4-Article IV Section 29(1)). Mr. Komando stated according to the Commission's charge the sunset occmTed with the submission of the Committee's fmal report. Chairman Wolfson asked if it was the submission or the acceptance of the report, because technically they haven't accepted it yet. He stated if they are having a workshop with the Committee and the Commission and they are no longer a committee, they are having a Commission workshop and not a committee workshop. Mayor Woods asked if they have accepted it at a regular Commission meeting. Mr. Komando stated it doesn't have to be at a regular Commission meeting. Commissioner Hill stated he would like to afford Commissioner Daugherty the opportunity to pull any specific issue out of the list they just covered and bring them back up in front of the Commission. Mayor Woods stated he could listen to the tape and get with the City Attorney. Mayor Woods again asked if they are still a Committee or have they accepted their report and they are disbanded. Mr. Komando stated he believes they have accepted the report but he doesn't believe it changes the conversation they would have with them. He stated from the level of involvement that this Committee has given to the City, he is confident that they will participate at the next workshop as well. Chairman Wolfson stated he can't answer for the fmmer committee members. Adjournment There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 6:21 p.m. ATTEST Donna L. Bartle, CM C City Clerk -4- Carolyn Woods Mayor AGENDA ITEM: SUBMI TTED DY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Atlantic Beac h Count ry Club Acceptance of Util ities for Ow ners hip and Main tenance Donna Kalu zniak , CE P, Util ity Direc tor (!;J December 29, 20 14 STRATEGIC PLAN LINK: Golf Co urse AGENDA ITIJ:M #3A FEBRUARY 9, 20 15 BACKGROUND: Atl antic Beac h Partn ers has co mple ted constru ction of the wa ter, sewe r, and rec laim ed wat er in fras tru cture lor th e Atl anti c Beach Co untry Clu b subdivi s ion. Con tracto rs have comp leted co ns tru cti on in accorda nce with app roved pl ans, and submitted a ll necessary documentation. City staff comp leted a fi na l inspecti on of the in frastructme, and the Departmen t of Environm ent al Protectio n has c leared the wa ter, sewer and reclaimed water systems for servi ce . Do cum entatio n submitted in cl ud es: • Engin eer's Ce rtifi cate of Comp liance • Clea rance Certificates on Water, Sewer and Recla im ed Mains • Pre ss ure Test Ce1t iti cations • Pump Sta ti on Star t-Up Repo rt • Ope ratio n/Ma int enance Manual • Locate Wire Tes ts • Record of Final In spec tion • Ow ner's Aftidavit • Dedi cat io n Asset Breakdown Letter and Schedu le of Va lue s • Bi ll of Sa le • As-Built Drawings • Ori gi nal Warranty for one yea r effec ti ve on da te of City accep ta nce • Reco rded Plats • Ease ment doc um e nts BUDGET: No imm ediate impac t to ope rat in g bud ge t. T he sc hedu.l e of values inc lu ded in th e Acceptance Pac kage will be added to th e Cit y's assets in the amount of$1,337,324. RECOMMENDATION S: Accept the wa ter, sewe r and reclaimed wa ter infrastructure in th e Atla nt ic Beac h Co untry Club subd ivision tor ow nership an d maintenance. ATTACHMENTS: l. Sc hed ul e of Val ues for Atla nt ic Beach Cou ntry Clu b R EVIEWED BY C ITY MANAGER : -P7 ?"~ .,?1"'?<-< C l fY OF Art ANT IC BEACH PROJECT NAME DEVELOPERIOWNEA WATER MAINS 031.4 WATER VALVES 831.4 WATER HYDRANTS 8311.4 WATER SERVICES 833.4 REC LAIM MAINS 8711.8 RECLAIM VALVES 075.8 RECLAIM HYDRANTS 8711.6 RI!Ot..AfM BI!RVICBS 886.8 SERW EA MAIN/QAAVITY 061.2 SEWER MAIN/FO RCE 860.2 SEWER MANHOLES 001.2 SEW II A SERVI CBS 063.2 PUM P STATION 071.3 AGENDA I TEM# 3A FEIJRUARY 9, 2015 De veloper Co ntribution -Sc hed ule of Va lues Wa t er I Rec laim a nd Sewer ATLANTIC BEACH COUNTRY CLUB ATLANTIC BEACH PARTNER S, LLC DATE 11/11/201~ PROJECT 11.,:,1 ~.:..;o,_,.02:;:,---- CO UN TY_D_U_V_A_L ___ _ Ou,,nllty CO Ail ownnr Slzo fypo foot/Ench Unit Co~t Pottlcltlnllon Pnttlclpnllon OrntW Tolnl 10" FUSEABLE PVC 190 120.00 22,000.00 0" PVC DR 10 0200 22.00 100,400.00 4" PVC DR 10 760 10.50 7,980.00 2'' PVCSCH 40 900 5.00 <1,500.00 o· GV &BOX 23 2,235.24 51,4 10.52 6' GV&BOX 16 1,674.30 26,788.80 <1' GV & BOX 2 09 5.60 1,79 1.20 6' FIRE HYDRANT 16 3,600 .00 57,200.00 2" FLU SH 9 970.00 0,7 30.00 1.5' LONG DOUBLE 35 703.02 24,633.70 1' LONG SINGLE 9 396.49 3,560.41 1" SHORT SINGLE 99 365.96 36,232.02 10' FUSEIIBLE PVC 190 120.00 22,000.00 6' PVC DR 25 7900 20.30 160 ,370.00 6' PVC DR 25 220 15.90 3,490.00 4" PVC DR 25 1000 13.32 13,320.00 2" PVC SCH ~0 1360 4.90 6,664.00 0 '' GV &BOX 2 2,0 15.00 4,030.00 4" GV &BOX 565.46 565 .4 6 1.5' LONG DOUBLE 9 693.12 6,23 8.08 1' LONG SIN GLE 99 427.56 42,328.<14 1" SHORT SI NGLE 3 5 36 3.14 12,359.90 a· 4·8' PVC SDR 26 3106 16.56 5 1,435.36 8" 8·14' PVC SDR 5091 19.53 99,4 27.23 0' 14·10' PVC SDR 440 33.56 15 ,034.80 4 ' PVC DA 10 1600 5.19 a,:l0 4.oo SEWER MH 45 3,7 14.00 167.130.00 6' SEW En 176 622.00 148,31 6.00 Silo Addrou/Oimonalone: land Easemon1 Rlghl s lrnp1Qvernun1 1,000.00 1,000.0 0 Funou 1 3,500.00 3,500 .00 Pumps 2 30,100 .00 76,200,00 WotweiW~ull 115,000.00 <15,000.00 Eloc l~c So rv lc o Pump Out Assombl)' 25,686.00 26,688 .00 GRAND TOTAL s 1,337,324.00 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM # 3B FEBRUARY 9, 2015 AGENDA ITEM: Release and Settlement Agreement between City of Atlantic Beach and the City of Jacksonville resolving all existing disputes between them relating to tipping fees. DATE: January 2, 2015 SUBMITTED BY: Nelson VanLiere, Finance Director r·""~;-'··~ ·.~ STRATEGIC PLAN LINK: Tipping Fee Settlement Goal; This goal is to resolve the issue with the City of Jacksonville about payment of tipping fees for the disposal of refuse from Atlantic Beach at Jacksonville landfills in a manner that is fair and equitable to both sides. BACKGROUND: In 1995, the City of Jacksonville and the City of Atlantic Beach agreed through an inter-local agreement that when Jacksonville imposed a uniform solid rate disposal fee against its residential premises so that it is no longer funded by property taxes, then Atlantic Beach would begin to pay the landfill tipping or disposal charges. In October 2011, Jacksonville imposed a fee to its residents and claimed that the criteria had been met. Rather than pay the charges, Atlantic Beach disputed that the charges were not uniform and that we had not been adequately notified to quickly begin paying the charges. Atlantic Beach was in the middle of a multi-year contract for garbage services and was not prepared to raise garbage rates at the time to recover the added costs. The dispute has frustrated both Jacksonville and Atlantic Beach since 2011. During this period from October 2011 to June 2014 the monthly bill for disposal continued to grow approaching $975,398. In an effort to resolve the dispute, the City offered a settlement agreement for the past due amounts and as a measure of good faith negotiated a new contract with its franchise hauler to provide services at a rate that would include disposal fees. Atlantic Beach began paying the fees as of June 1, 2014, thereby stopping the disputed amount of outstanding bills from getting any larger. Staff members from both Atlantic Beach and the City of Jacksonville have, since the beginning of this year, worked hard on the garbage contract renewal and on the attached agreement to come to a settlement that is a fair and equitable division of the amounts owed. The $322,709 represents a portion of the accumulated outstanding invoices originally sent in the amount of approximately $975,398. In addition to the reduced amount agreed upon, the City will charge Atlantic Beach 50% of the rate charged for the disposal of sludge from our sewer plant from June 1, 2014 and into the future. AGENDA ITEM# 3B FEBRUARY 9, 2015 This settlement takes into consideration that neither Jacksonville nor Atlantic Beach were ready for the change that occurred in 2011. As a result, the amounts agreed upon in this agreement when paid will satisfy all of the past due amounts owed Jacksonville. It is both Jacksonville's and Atlantic Beach's desire to resolve this issue now that an equitable resolution has been agreed to at the staff level. Both parties are now to seek approval and our expectation is that Jacksonville will place this agreement on the City of Jacksonville's agenda in the very near future. BUDGET: The agreement is subject to passing Budget Ordinance 20-15-129 that will transfer $322,709 from the General Fund Reserve Balance to the Sanitation Fund where the amount will be paid to Jacksonville and recorded as a Sanitation expense in our financial statements. The amount is to be paid within 60 days of both parties approving this agreement. RECOMMENDATION: Authorize the Mayor to sign the attached Release and Settlement Agreement and authorize the City Manager to pay Jacksonville the amounts due upon this agreement being fully executed by both parties. ATTACHMENT: Release and Settlement Agreement between the City of Atlantic Beach and the City of Jacksonville. RELEASE AND SETTLEMENT AGREEMENT AGENDA ITEM # 3B FEBRUARY 9, 2015 This Release and Settlement Agreement ("Agreement") is entered into between the following parties ("the Parties"): the CITY OF JACKSONVILLE ("Jacksonville") and the CITY OF ATLANTIC BEACH ("Atlantic Beach"), both political subdivisions ofthe State ofFlorida. RECITALS WHEREAS, in 1995, the Parties entered into an agreement to amend the 1982 Interlocal Agreement; and WHEREAS, the 1982 Interlocal Agreement and the 1995 Amendment shall continue in effect until a new Interlocal Agreement is entered into between the Parties; and WHEREAS, the Parties agreed previously that if Jacksonville imposed a uniform solid waste processing and disposal fee (''uniform fee") against residential premises, Atlantic Beach would be required to pay solid waste processing and disposal fees ("tipping fees"); and WHEREAS, the Parties disputed until this time, whether or not a uniform fee was imposed; and WHEREAS, the Parties want to resolve their differences and reach an end and settlement for all existing disputes between them relating to the claims of tipping fees; and and fees. WHEREAS, Jacksonville claims past due residential and sludge tipping fees are owed; WHEREAS, Atlantic Beach has been paying the required portion of commercial tipping Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 1 AGREEMENT AGENDA ITEM# 3B FEBRUARY 9, 2015 NOW THEREFORE, in consideration of the foregoing, with the following agreements, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant and agree as follows: 1. The Parties represent and warrant to each other the accuracy of the foregoing recitals, which are incorporated by reference herein. 2. This Agreement constitutes a settlement and release of all disputed claims relating to tipping fees and is being entered into to avoid litigating those claims. No Party to this Agreement admits any liability to the other Party with respect to any such claim or any other matter. Therefore, this Agreement is not to be and shall never be construed or deemed an admission or concession by any of the Parties hereto of liability or culpability at any time for any purpose concerning any claims being settled and released, or any other matter. 3. The Parties agree that Jacksonville has imposed a uniform solid waste processing and disposal fee, and paragraph (2-A) ofthe 1982 Interlocal Agreement is terminated. 4. Atlantic Beach shall pay Jacksonville, within sixty days of the effective date of this Agreement, $322,709 for past due residential and sludge tipping fees from October 1, 2011 to May 31, 2014. 5. Beginning June 1, 2014, Atlantic Beach shall pay residential, commercial, and other applicable tipping fees through its waste hauler contract. 6. Paragraph 4 of the 1995 Amendment is amended, and there is no longer any free landfill disposal of garbage and refuse for waste generators located within Atlantic Beach. Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page2 AGENDA ITEM # 3B FEBRUARY 9, 2015 7. The Parties agree that sludge tipping fees include service to citizens of both Jacksonville and Atlantic Beach. Understanding the practical difficulties in determining what portion of sludge is attributable to each city, the Parties agree that beginning June 1, 2014, Atlantic Beach shall pay one-half, or fifty percent (50%), of the sludge tipping fees. All sludge tipping fees owed from June 1, 2014 that remain unpaid prior to the effective date of this Agreement shall be paid to Jacksonville within sixty days of the effective date of this Agreement. 8. The Parties acknowledge that similar disputes are not yet resolved with respect to claimed tipping fees by Jacksonville for the City of Neptune Beach ("Neptune Beach"). The Parties agree that if or when the tipping fees disputes are resolved with Neptune Beach, if any category of tipping fees (e.g. residential, commercial or sludge) is less than the rate offered in this Agreement, Jacksonville shall reimburse Atlantic Beach the actual difference between the rates. 9. Jacksonville has paid past due yard waste tipping fees owed to Advanced Disposal Services Jacksonville, LLC for the time period of October 2011 through September 2012 for Atlantic Beach yard waste. 10. This Agreement may be executed m counterparts with each such counterpart being considered an original. In addition, a facsimile or scanned and emailed copy of a Party's signed Agreement shall be effective as an original. 11. If any part of this Agreement is found to violate the law, then that part shall be stricken with the remainder of this Agreement to survive intact, if practicable, provided that the rights and obligations of the Parties are not materially prejudiced, that the intentions of the Parties can continue, and that no provision stricken is the essence of the Agreement. Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 3 AGENDA ITEM# 3B FEBRUARY 9, 2015 12. This Agreement shall be construed and enforced pursuant to the law of the State of Florida. With respect to any dispute arising out of or related to the Agreement, each Party subjects itself to the exclusive jurisdiction of the Court in Florida and likewise agrees the exclusive venue shall be the state courts in Duval County, Florida. 13. The language of this Agreement shall be construed as a whole, according to its fair meaning and intention, and not strictly for or against any Party, regardless of who drafted or was principally responsible for drafting the Agreement or any specific term or condition hereof. This Agreement shall be deemed to have been drafted by all Parties. 14. Each Party warrants that no promise, inducement, or agreement not expressed herein has been made in connection with this Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes and replaces all prior negotiations or proposed agreements, written or oral. 15. The Parties represent and warrant to each other that they are duly authorized by the respective governments of Jacksonville and Atlantic Beach to sign this Agreement and that neither Party sold, pledged, hypothecated, assigned or transferred any of the claims released within this Agreement. 16. Each Party shall bear its own costs and attorney fees incurred in connection with this Agreement and the above-referenced cause, and each Party waives the right to make a claim against the other for such costs, attorney fees or any other expenses associated with the matters being settled herein. 17. This Agreement shall inure to the benefit of and shall be binding upon each of the Parties herein and its respective agents, representatives, executors, administrators, trustees, Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 4 AGENDA ITEM# 3B FEBRUARY 9, 2015 personal representatives, partners, directors, officers, shareholders, agents, attorneys, insurers, employees, representatives, predecessors, successors, heirs and assigns. 18. The provisions herein are not intended for the benefit of any other third party, but solely for the Parties to this Agreement. 19. The effective date of this Agreement shall be on the last date in which this Agreement is signed by the Parties. Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 5 AGENDA ITEM# 3B FEBRUARY 9, 2015 The Parties by their respective signatures below hereby execute this Agreement and agree to be bound by the same. Signed, sealed and delivered in the presence of: Office of General Counsel Attest: --------------------- James R. McCain, Jr. Corporation Secretary Signed, sealed and delivered in the presence of: City Attorney Attest CITY OF JACKSONVILLE a Florida political subdivision, by, Alvin Brown, Mayor Date: ---------------------- CITY OF ATLANTIC BEACH a Florida political subdivision, by, Carolyn Woods, Mayor Date: ---------------------- Release and Settlement Agreement City of Jacksonville and City of Atlantic Beach Page 6 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM# 7A FEBRUARY 9, 2015 AGENDA ITEM: ORDINANCE NO. 20-15-129 DATE: AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015, AND PROVIDING AN EFFECTIVE DATE. January 2, 2015 SUBMITTED BY: Nelson VanLiere, Finance Director (2;.? BACKGROUND: This budget amendment is necessary to fund the proposed Release and Settlement Agreement between the City of Atlantic Beach and the City of Jacksonville for the purpose of resolving all disputes between them relating to tipping fees. The original budget for Fiscal Year 2015 did not anticipate the resolution of the dispute and the amounts were unknown at the time of budget adoption. Sufficient funds do exist in the fund balance reserves of the General Fund and will be transferred to the Sanitation Fund where the expense will be paid and recorded to reflect this as a sanitation expense on the City's Audited Financial Statements. For more background information on the agreement, see the staff report on the release and settlement agreement included in this agenda. BUDGET: This ordinance will increase the City's net expense budget by $322,709 RECOMMENDATION: Adopt Ordinance NO. 20-15-129 amending the 2014-15 Annual Operating Budget for the purpose of funding the Release and Settlement Agreement with the City of Jacksonville resolving the all disputes relating to tipping fees. ATTACHMENT: Ordinance NO. 20-15-129. ORDINANCE NO. 20-15-129 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7A FEBRUARY 9, 2015 WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time, and WHEREAS, The City of Atlantic Beach and the City of Jacksonville have negotiated a release and settlement agreement for the payment of past due landfill disposal fees in the amount of $322,709 and setting a percentage discount disposal rate of 50% for the disposal of sludge from the sewer plant going forward, and WHEREAS, the City of Atlantic Beach did not include the funding of this agreement in the adoption of the original Fiscal Year 2015 Annual Operating Budget and therefore must amend the budget to have sufficient amounts within the Sanitation Fund to pay the City of Jacksonville. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2014/2015 Budget to be amended as follows: "' GENERAL FUND "' Expenses: Non-Departmental-Transfers Out Total Expenses: Fund Balance Revenues: Transfer from General Fund Expenses: Settlements Total Expenses: Fund Balance: $322,709 $322.709 <$322.709> $322,709 $322,709 $322.709 $0 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this __ day of ___ 2015. AGENDA ITEM# 7A FEBRUARY 9, 2015 Passed by the City Commission on second and final reading this __ day of 2015. CAROLYN WOODS Mayor I Presiding Officer Approved as to form and correctness: RICHARD KOMANDO, ESQUIRE City Attorney ATTEST: DONNA L. BARTLE, CMC City Clerk AGENDA T1'EM: SUBM ITTED BY: C J.TV OF ATLANTIC BEACH C ITY COMM ISS ION MEETING STAFF R EPORT 8 eac he s Town Center W~ty finding Si gn agc Jeremy llubsch Build ing and Zoning Direc tor DATE: December 19,20 14 STRATEGIC PLAN LINK: No ne AGENDA IT EM liSA FEBRUARY 9, 201 5 BACKGROUND: Th e Beaches Town Center Agency is seek in g to add way fin.clin g signage t hro ughout th e Tow n Center. This is an e ffo rt to h elp visitors to th e To wn Ce nt er locate bus in esses. T he proposed sig na gc has a ma p of the Town Cen ter a nd dir ecto ry of bu s in esses, similar to what yo u would sec at a ma ll. Th ey arc pro pos in g six sig ns thr oug ho ut the Town Cente r, with two located within At lantic Beac h's bo und ari es. The oth e r fo ur s igns have been appro ved by th e C ity ofNeptune Beac h Comm iss ion . Sec ti on 17.42 ( 14) of the sign code says that pr ivate s igns on Atlanti c Beac h prop ert y mu st be appro ve d by th e Ci ty Co mmi ssion. The tw o proposed signs arc w ith in th e right- o f way at Atlant ic and Ocean Bouleva rd 's and at At la nti c Bou leva rd in front of Poe 's Tave rn (Sec Exhib it 1 for sign loca tion s and rend erin gs). T he Atlantic Beac h Polic e De partment reviewed the propo sed signage locations to dete rmin e if there are any pub lic sa fet y o r lin e-of-s ight iss ues . Oniccr Jam iso n vis it ed th e propose d locations and has concerns abou t !he place me nt of the sign at the co rn er of Atlantic and Ocean (see ex hi bit 2 for detail ed rep ort). Cit y sta fie rs a re goi ng to mcc l with the applica nt s prior to th e Jan uary 12111 mee tin g in ord er to tind a more s uitabl e loca tion for the sign at At lanti c and Ocean. DlfDGET: No ne. RECOMMENDATrON: Approve signs, co ntingent up on ABPD a nd s ta rr findin g a more sui ta bl e l ocat io n for si gn at co rn e r or Atlantic and Ocean . AITACHM~NTS: Sign Plans n·om llarbingc r Signs, and Pu b lic Sa fety Memo fro m Atlantic Be ach Police Depa r tmen t. REVIEWED BY CITY MANAGER: '--It'-?,' v ~ ci?cLA , 1/4"PAMEOALUM.-------, SACKER PANEL DIGITALLY PRINTED HEADER 1" DIA. SECURITY ----+f-o'--- STANDOFF _, ....... 3/16" TH ICK PO\.YCARBONATE W/ ! •: ,-l~ GRAPHI C SECOND SURF~lCE -++-~,.--: .'-~ 1 ;;: t~~~_. ·=·· ~y-o---..... ..,..,_ ---··-'OW: ...... --• .~~--.. "-:'>,-. 0 _,._, ......... -·-·-... 0 1·x~· PAINTED ------.1-r=========r========~ ALUM. RECT. TUBE ROUTEOALUMDETAa.-----+~-----J 314" •1"·0" ~-ISSiltl{tl.O IJI)()1 SutiOI'I Patl\ Crl\,,. Sti;U\ S!t. A.CO Jo.ctu04Wtilt. nor t::, !olll4 6TCIOO·Rl 4"1'0ST H H ----PAINTED 114" ALUM. PANEL H --lV16" THICK POLYCARSONATE WI GRAPHIC SECOND SURFACE SUNK SCREWS IH-------1· DIA. SECURITY STANDOFF l~:l!-----1·x~· ALUM. Re.CT. TUBE ....... UFACTI.R & OEI.MR FOUR 1-<1 CIJ5TQM S/F NON-LLUUIIIATEO INFOAWJlOH IOOSI<S. 1"X4" ALI.N. llJB£ FOOTERMCloiSER TO BE WEUlEDTO 2"XA'"X1U• AL\.N. POSTS.. <4'"'X6"X1/4'AI.UM. P0&.E Sl.££VES WI 1/T .AtJJtL OECORAllVE FlAIIGiE. & 1"X1" Al.l.lN. 1\JI!EALLPAIHT'ED USING SPAAYLATW! LOW G<.OSS CLEAR COAT. SIGN MAP CRAPt-fCS lOBE DIGtTALLYPRSNT'EO 3M 7725-11 4 CLEAR VINYl BACKED WI lM m~o WHITE APPLIED SECXlHD S\JIIFACC TO 3116" POI.YCAASONATE. OIW'HIC .r.TTACHEO TO TWO COLOR IIOINTED 114" TltiCI< r4lltlutt &. 1ns:t!1: lr.lorm•tlone: Slqn, AL\Jf.l. 8.\CI<iFl PANEL W/114" DEEP IIAAREL & S/15" DEEP SECURITY STAND 0" c.r.P FRONT & BACK. "WJWE' DETAIL ROUTED INTO 114" ALUM. 8.\CI<iFl PANEL & PAIHTEO USING sPAAYLAT WI LOW G<.OSS Cl£AA c;o.r.T. BEACHES TQ1NN CENTER'LOGOTOB:EOfCilT.Al..LYPRtN"l£0 ON W110Co-10WJ3N 1520 LAM'lN:ATEAPP\JEDFIRST S\JRFACE. HaTE; AR1' 01'1< SU&JEcr \0::;.. "*"..iE U"O.. 8'--o.a.o E~J;> N:VIE NQtt, .r.LL ca.o~AAE TBO MOTa! fOOllr-.~ st%E & OEPTIITiiO. cusu•r·uor 4JF'O'iZ:I diU" P~t:2 ~: ,,c'.l, .. ,..,. fcP~~f.\&ii,.~YA'M1~ftlt4E~I'PC:""!r.T'Yr6'H;,ttllrt:vi&:OkR,..-:Till:@<qW\J!Rt":"L"t¥rcr--.,.JIC'r.fiClmi[JSWJI'Tf[lr~!:!fM~ ><: :;lf:*('i ~ :~Pio;YJ ... ~ l!V4C4...,~1 "IIUl oa Cltrtr> .a...t. ~ c~t: ._, A£0-#tl«11ll"'.Tiof~NQAICI~ -,.t2;):1fiC~QOii."l'l«;t:!CJ~ AGENDA ITEM# 8A FEBRUARY 9, 20 15 ~I 3116" THICK POLYCAR60NATE WI Z.()'OAL 1'..S"CA61NET 1'-8" POLYCARSONAT'E GRAPH IC SECOND SURFACE -+--c£3--•; 114' PAINTED AI.UM. ----+- BACKER PANEL ROUTEOAI.UMOETAII.------+~----~ 2'X4' PAINTED ALUM. TUBE 4"POST H .-----------1"X1 ' ALUM. BAR IH----PAINTED 1/4" ALUM. PANEL ti-t------COUNTER SUNK SCREWS ..... --3/II;"THIC;K POLYCARBONATE WI GRAPHIC SECOND SURFACE 1..1!!:1--------t' OIA. SECURITY STANDOFF L.j--------·1'~:4'ALUM. RECT. TUBC MANUFACTURE & DELIVER TWO (2) CUSTOM OJF N~Ll\JMI NATEO 1NFORMAl10N KIOSKS. 1"X4" ALUN. TUBE FOOTER MEMBER TO 8E WELDED TO 2"X&"X114" ALUM. POSTS, 4"X6"X11.4"ALUM. POlE SlEEVES W / t/2' AlU"'-DECORATIVE FLANGE. & I "XI ' ALU"'-TUBE AU. PAIN'TEO USING SPRAYLAT W/ LOW GLOSS CLEAR COAT. SIGN NAP GRAPHICS TO 8E DIGIT AU. Y PRINTED 3M 772So114 CLEAR VINYL SACKED W/3M 772S.10 WHITE APPUEO SECOHD SURFACC TO 3116" POL YCAABONATE. GRAPHIC ATTACHED TO TWO COl. OR PAIN'TED 1/4' T>11CK AI.U"'-BACKER PANEL W/1(.1.' DEEP BARREL & 5116' DEEP SECURITY STANO OFF CAP FRONT & BACK. 'WAI/f? DETAIL ROUTED IN'TO II<' AI.U'.I. BACKER PANEL & PAINTED USING SPAAYLAT IY/ LOW Gt.OSS CLEAR COAT. BEACHES TOWN CE~· LOGO TO BE OIGlTAl.LY PRINTED ON 3M 180-C.10 W/ 3N 8520 LANlNATE APPU£0 FlFtST SURFACE. HOT£; ARTWORK SUBJECt TO CHAHGfo UFON E,..G!>-IEER REVJEW. NOTE! ALL COlORs 4.RE TBO. HOlE! FDOnHG Z~E & DEPTH ibO. 3 I-~Fr~oo~t~~~~$~d~e~B~·~~~M~-~~~~~~w~~="~·~~~S~n~~~·~F~·~~~~~~ovrn~~~~~omo~~~~S~··~~~~·~S~l•~"~C~------------------------------------------------------------------------------------------------------------ 3/4' = 1'·0'' RtM.W:SMI<.Z.O 13901 SuUO"' P1:'M Of.w Se\IU'\. 'St& -4CO J..lclo.Sol'lv!l '· Fttll<!o )2Z2• SlQO:J ·R3 f'.JbrltoJtt &.lnsto!~ 1r.1orm"la:1tl Sl<;r.s o.zo 12 · OP.IG11i~ COIICEPT 9,1C: 12. ~£1/ts£0 • CH o~c-.w • R) • q\} cllfnqo • \b ~.3 C1.!Stom~: ~pi'C'II\ t111tr --\'ifll (~ \C!:..:. "1111.!1'~ f\t':~e.t-anlt4t .. .ot.Er'P'I'C""..t~lll~TI!.'O-'";.(OI'IC'irlDf~VII-l~rut~!oiG'tl0~'1~(tlir•$~~J.~/011J,I,¥1bilot;f)lr..C!('Sirol'(n1l4:)(11.[~~HIIl~A1.'li)NJ,'f"7'&tiJAl)~0•ftY .. ,Cr[lr.U«t(I'I'IIWJTI<\.'1Ttif('fi~?'.Mt!Tt~m:'lol~~~!):.?f+''lt6o~~ T11CS!crti "'' rrom ~tl.l'lt$Ul'Jt:<<;;~n lo rcrr o;, t'(<tto ~ Allf'UC&St coou 011 Rtl)~n ($Ttl( rlt.C·.-Jn.\IC JR 1Wt.~:t.::Jf'!C,I()jj1Jl"f«Jo:J1~ AGENDA ITEM# 8A FEBRUARY 9, 2015 To: Lt. Cameron Cc: Cmdr. Gualillo From: Ptlm. C.S. Jamison Date: 10/31/2014 Re: Town Center Directory Sign Review AGENDA ITEM# 8A FEBRUARY 9, 2015 Atlantic Beach Police Department Atlantic Beach, FL 32233 Phone: (904) 247-5859 Fax: (904) 247-5899 http://www.coab.us On 10/21/14, you directed me to review and evaluate proposed directory sign design and location installation plans for the Town Center area in Atlantic Beach. Only two of six proposed signs are in Atlantic Beach. I reviewed those locations only. I have reviewed the plans and the area and believe one sign should create no issues to public safety while one sign does leave some concerns in my opinion. I should note the plans submitted to the Police Department on the sign installation locations were not precise for one of the signs I was asked to review. My review is included below. The first location I will address is the sign location for the 300 block of Atlantic Blvd. The specific location for this sign is identified near the crosswalk which runs across Atlantic Blvd in front of Poe's Tavern (363 Atlantic Blvd) to the 7-11 Store in Neptune Beach (301 Atlantic Blvd). As the roadway location does not involve an intersection and is a mid-block crosswalk location only, I do not have any concerns for line-of-sight conflicts for vehicular or pedestrian traffic. Reviewing the location, if the sign stipulated in the plans is placed adjacent to the easUwest sidewalk near currently installed benches and a large turtle statute, I do not feel the sign will create any public safety conflicts or hazards. The sign should not be located any further south towards Atlantic Blvd away from the edge of the easUwest sidewalk as that would create a concern for line-of-sight at the mid-block crosswalk. The second location is proposed for Atlantic Blvd and Ocean Blvd (northwest corner of intersection). This location is a four-way intersection that is signal-controlled both for vehicles and pedestrians. The proposed location for the sign is in a planting area where the easUwest sidewalk of Atlantic Blvd and the north/south sidewalk of Ocean Blvd meet. I do have some concerns with the specific proposed location of the sign but not the general area. Reviewing the design schematics for the sign, it is showed to be approximately 6 feet 8 inches tall from ground level to the top of the sign. The sign display area itself composes approximately 3 feet 7 inches of that space. The only gap is between the ground and the bottom of the sign, which is just over 3 feet. The main concern I have with this is that this planter contains bushes that are approximately one to two feet tall. While the sign is approximately 10 to 11 feet from the roadway • Page 2 AGENDA ITEM # 8A FEBRUARY 9, 2015 edge, I have a concern that it could block the view of som eone o n the sidewalk f rom a ve hi cle or vice versa . Existi ng palm trees in the sam e planter add add ition a l visual barriers to the crosswa lk a pproach. This sign would c rea te an a dditio n al obstru c ti on making it hard er to see th e c rosswalk a r ea. I do think th is could be re med ied fa irly s imply by moving the sign's proposed location n orth on Ocean Blvd 10-15 feet. This is s till w ith in the same plan ter but not so close to the intersection th at it ca u ses a visibil ity concern . Another s uggestion would be to m odify th e sign design t o be s horter, preferably less than 4 feet tall. If it was red esign ed into possibly a shorter, a ngled display, thi s would e li minate the visibility concerns I have. I included an image example of th e sig n design below. In no case should a s ign be moved c loser to th e roadway edg es o f Ocean Blvd or Atlantic Blvd. This concludes my review. Please let me know if you have a ny q uestio ns o r concern s Figure 1 -Example of Shorter, Angled Sign \:U \ uJ · oc r- ef)\ ~\ u.l ~I --I I w z :L------ 1 1H\ RD SfREET ( A1 A) AGENDA I FER R UAR~EM II BA 9,20 15 t w c..> z 0 c..> C/) z Ow 1-:~ <.C cJ' ()CI> oo ..JZ ~ § ~ i5 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 90-Day Calendar for the Mayor and Commission AGENDA ITEM# 9A FEBRUARY 9, 2015 SUBMITTED BY: Yvonne Calverley, Executive Assistant to the City Manage~c__ DATE: January 28, 2015 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: • Commission Workshop scheduled for Monday, February 9th at 5 pm to discuss proposed charter amendments. "Special Called Meeting scheduled for Monday, March 23rd at 5 pm to hear appeal of CDB variance denial (Wolfson). • The next Town Hall Meeting is tentatively scheduled for Saturday, April 18th at 10 am at the Commission Chamber. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for February through April2015. ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (February through April 2015) MAYOR AND COMMISSION February 2015 su:--.D.\Y ;\IO~D .\ Y TCI ~~D.\ Y \\.ED;\ ESD.\ Y Tl !L1RSD ,\ Y FRID.\Y S.\TU RD.\ Y 1 2 3 4 5 6 7 Newsletter Due (Mayor) Due Date for 2/23 Agenda 1tems 8 9 Comm Workshop 10 11 12 13 14 Charter Amendments 5 pm Commission Mtg 6:30pm (lnvoc-Hill) Videotaped 15 16 17 18 19 20 21 President's Day Due Date for City Offices 3/9 Closed Agenda Items 22 23 24 25 26 27 28 Commission Mtg 6:30pm (Jnvoc-Daugherty) Videotaped MAYOR AND COMMISSION March 2015 ~lJ ~D .\Y ~IO ~D .\ Y -r un sn .. ,Y \\1ED:\ESI):\ Y '1:1 I U H.SD .\\" FRID.\ Y . S..\'l .U RD.\ Y .. ~-.. -.~ . .. -. ' ...._ · .. ..;;_ --· .. --~ ~ _ _; .. -. • ..... .._ J. - I 2 3 4 5 6 7 ~cwslettcr Due C\.layor) Due Date for 3/23 Agenda ]terns 8 9 10 11 12 13 1~ Commission Mtg 6:30pm (lnvoc-Beckenbach) Videotaped 15 16 1 .... 18 19 20 21 22 23 Special Called i\ftg 24 25 26 27 28 Wolfson :\ppeal 5 pm Due Date for 4113 Commission Mtg Agenda Items 6:30pm (ln\oc-Woods) Videotaped 29 30 31 MAYOR AND COMMISSION April2015 ~U:\D .\ Y \I< l~D .\Y 'i'L ' I ~SD .\ Y \\"lm;\I ·:~D .\ Y TIIURSDAY J."RJD .\\' S.\"I"U RD .\ Y 1 2 3 4 5 6 7 8 9 10 11 Newsletter Due Due D ate for (Mayor) 4/27 Agenda ltems 12 13 14 15 16 1i 18 Commission Mtg Town Ha ll Mtg 6:30pm 10 am (lnvoc-Mark) Chamber V ideotaped (Tentative) 19 20 21 22 23 24 25 Due Date for 5 II Agenda Items 26 27 28 29 30 Commission Mtg 6:30pm (l nvoc-Hi ll ) Videotaped