4-27-15 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
April27, 2015-6:30PM
AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Commission Meeting of April 13, 2015.
2. Courtesy of Floor to Visitors
A. Proclamation In Recognition of the Distinguished Service of Donna Kaluzniak.
B. Proclamation-National Kids to Parks Day
C. Presentation from Purvis Gray regarding the Audited Financial Statement of FY2013-
2014.
3. Unfinished Business from Previous Meetings
A. Wind Shutter Replacement Panels.
B. 201 Mayport Road PLAT.
C. Naming of Fountain in the Mayport Road Retention Pond.
D. Amendment to Atlantic Beach Country Club Master Agreement.
E. Selection of Construction Management Services for Police Building Expansion and
Remodeling.
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 Report for March 2015.
B. Declare the list of property as surplus so that it may be disposed of in the most beneficial
way to the City.
C. Acknowledge Receipt ofthe 2014 Water Audit Summary.
D. Acknowledge Receipt of the 2014 Annual Water Quality Report.
E. Accept the FY 2013-2014 Audit Report.
5. Committee Reports
6. Action on Resolutions
A. Resolution No. 15-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO ENTER INTO A
GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, FLORIDA FOREST SERVICE.
7. Action on Ordinances
A. Ordinance No. 12-15-4, Public Hearing and Final Reading
1
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH
THE CITY OF JACKSONVILLE PROVIDING FOR THE ANNEXATION OF CERTAIN
LANDS FROM THE CITY OF JACKSONVILLE TO THE CITY OF ATLANTIC BEACH
UPON WHICH THE DEVELOPMENT OF THE ATLANTIC BEACH COUNTRY CLUB
FORMERLY KNOWN AS SELVA MARINA COUNTRY CLUB IS BEING REDEVELOPED
BY ATLANTIC BEACH PARTNERS, LLC; PROVIDING AN EFFECTIVE DATE.
B. Ordinance No. 95-15-109, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 23, ARTICLES II AND III OF THE CODE OF ORDINANCES, PROTECTION OF
TREES AND NATIVE VEGETATION, TO AMEND SECTION 23-8 DEFINITIONS OF:
ATLANTIC BEACH PROHIBITED SPECIES LIST, ATLANTIC BEACH RECOMMENDED
SPECIES LIST, EXTERIOR ZONE, INTERIOR ZONE, LEGACY TREE, REGULATED
TREE, WAIVER; AMENDING SECTION 23-21 TO REQUIRE PERMIT WHEN A LEGACY
TREE IS REMOVED; CHANGING CONSTRUCTION EXEMPTION FROM SIX (6)
MONTHS TO TWO (2) YEARS IN SECTION 23-22; ADDING A NEW FEE FOR SINGLE
TREE REMOVAL OF LEGACY TREES TO SECTION 23-26; REVISING THE MITIGATION
TABLE IN SECTION 23-33 TO REMOVE INTERIOR AND EXTERIOR ZONES, CREATING
A RECOMMENDED TREE SPECIES LIST, REVISING THE TREE SELECTION CRITERIA;
ADDING THE ATLANTIC BEACH PROHIBITED SPECIES LIST TO SECTION 23-35;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
C. Ordinance No. 5-15-62, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 14, ARTICLE II, SECTIONS 14-17 AND 14-23 OF THE CODE OF
ORDINANCES, ADDING TWO APPOINTED ALTERNATE MEMBERS TO THE
COMMUNITY DEVELOPMENT BOARD; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
D. Ordinance No. 33-15-19, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING A NEW
CHARTER WHICH AMENDS AND REPEALS ALL FORMER CHARTER PROVISIONS,
INCLUDING THE FORM OF GOVERNMENT, POWERS, THE COMMISSION, THE CITY
MANAGER, THE CITY CLERK, THE CITY ATTORNEY, PUBLIC SAFETY, BUDGET,
FINANCE, ELECTIONS, INITIATIVE AND REFERENDUM, RECALL ELECTIONS,
FRANCHISES, TAX ADMINISTRATION, ZONING, MUNICIPAL BORROWING, SUITS
AGAINST THE CITY, GENERAL AND MISCELLANEOUS PROVISIONS, WHEN ACT
TAKES EFFECT AND PERIODIC REVIEW; SUBMITTING THE NEW CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR
DISAPPROVAL; PROVIDING THE APPEARANCE OF THE CHARTER AMENDMENT ON
THE BALLOT; PROVIDING AN EFFECTIVE DATE.
E. Ordinance No. 33-15-20, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROPOSING AN
AMENDMENT TO THE CITY CHARTER WHICH WOULD ELECT CITY
COMMISSIONERS FOR SEATS 2, 3, 4 AND 5 BY THEIR RESPECTIVE DISTRICTS;
SUBMITTING THE PROPOSED AMENDMENT FOR CONSIDERATION BY THE
ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING THE
APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; PROVIDING AN
EFFECTIVE DATE.
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8. Miscellaneous Business (Discussion only)
A. Atlantic Beach Country Club -Acceptance of Utilities for Ownership and Maintenance.
B. Police Building Status Update
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (May through July 2015)
10. Reports and/or requests from City Commissioners and City Attorney
A. Seaside Community Council (Mayor Woods)
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 of the 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
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, fmms 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 5:00PM, Friday, April24, 2015.
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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
IN ATTENDANCE:
Mayor Carolyn Woods
MINUTES
REGULAR CITY COMMISSION MEETING
April13, 2015
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson VanLiere
AGENDA ITEM #lA
APRIL 27, 2015
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Maria Mark
City Attorney Richard Komando
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
ABSENT: Commissioner Jimmy Hill
Call to Order/Pledge:
Mayor Woods called the meeting to order at 6:30 p.m. She began with a moment of silence for
Commissioner Beckenbach's father, Edmund Beckenbach, who passed away last week. Commissioner Mark
gave the Invocation, followed by the Pledge of Allegiance to the Flag.
1. Approval of Minutes
A. Approve the minutes of the Commission Meeting of March 23, 2015.
B. Approve the minutes of the Special Called Commission Meeting of March 23, 2015.
C. Approve the minutes of the Commission Workshop on March 25,2015.
Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor
Woods stated the minutes will stand as submitted.
2. Courtesy of Floor to Visitors
A. Proclamation In Recognition of the Distinguished Service of Donna Kaluzniak.
(This item has been postponed to the next Commission meeting on April27.)
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 St., stated he is opposed to the tree ordinance, explaining he believes the City
having control of trees on private property is excessive control.
Ray Hinson, 258 Camelia St., member of the Fleet Reserve Association and on the committee for the
fountain, stated he hopes the Commission approves the sign for the fountain with their logo and the City of
Atlantic Beach's logo.
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. Town Center Art District Project.
AGENDA ITEM #lA
APRIL 27,2015
Apri113, 2015 REGULAR COMMISSION MEETING Page2
Building and Zoning Director Jeremy Hubsch explained that at the last meeting, the Commission wanted the
Town Center to narrow the locations of the art down to four from the eight locations proposed, calling it
Phase 1, and have them come back in the future if it goes well. He gave a slide presentation on the art work
proposed showing the four areas they would like to put the art. He also stated they have refined the
guidelines, stating no politically, religious or sexually related art could be approved for the project. He stated
staffs recommendation would be to authorize the City Manager to enter into an agreement to sign those
guidelines and give consent to approve the first four locations requested.
Motion: Authorize the City Manager to sign the Beaches Town Center Art District Guidelines with the
Beaches Town Center Agency and allow City staff to approve up to four locations for Phase 1 of art
installations.
Moved by Mark, Seconded by Beckenbach
Michael Dunlap, 201 N. Hogan Street, stated they hope to have the first installation in before Dancin' in the
Streets. He answered questions from the Commission. Discussion ensued.
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
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 ofthe Monthly Financial Report for February 2015.
B. Approve the 9-1-1 Interlocal Agreement for the Distribution of 9-1-1 Funds for Call-Taker
Salaries and authorize the Mayor and City Manager to sign the 9-1-1 Interlocal Agreement
between the City of Atlantic Beach and the City of Jacksonville.
C. Extend the contract with Fla. Pipe Tee., Inc. for one year (6-1-15 thru 5-31-16) at the current
bid prices for Stmmwater Line Jetting, Cleaning & Televising for PW Dept. (Bid 1112-06).
D. Authorize J. Collins Engineering, LLC to complete the Water System Hydraulic Modeling in
the amount of $35,191 under their continuing contract with the City in accordance with their
proposal.
E. Award a contract to TB Landmark for Mallard Cove Water Main Improvements in the amount
of$95,311 and authorize the City Manager to sign the contract (Bid 1415-04).
Mayor Woods read the Consent Agenda.
Motion: Approve Consent Agenda Items A-E as read.
Moved by Daugherty, Seconded by Mark
Aprill3, 2015 REGULAR COMMISSION MEETING
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
A. Recommendation for Appointment to the Police Officers' Pension Board of Trustees.
AGENDA ITEM #lA
APRIL 27,2015
Page3
City Clerk Bartle explained the Board Member Review Committee's recommendation for appointment to the
Police Officers' Pension Board of Trustees.
Motion: Appoint Robert Liggero to fill the unexpired term on the Police Officers' Pension Board of
Trustees ending June 10, 2017.
Moved by Beckenbach, Seconded by Mark
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
B. Recommendations for Appointments to the Cultural Arts and Recreation Advisory Committee.
City Clerk Bartle further explained the Committee's recommendations for filling the vacancies on the
Cultural Arts and Recreation Advisory Committee.
Motion: Appoint Charlise Goodbread to immediately fill the unexpired term on the Cultural Arts and
Recreation Advisory Committee and then reappoint her to an additional term ending July 8, 2017.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 4 -Becken bach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Motion: Appoint Jay Wilson to fill the unexpired term on the Cultural Arts and Recreation Advisory
Committee beginning immediately and ending July 8, 2016.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
Aprill3, 201 5 REGULAR COMMISSION MEETING
AGRNOA ITEM li l A
M•RIL 27 , 20t5
Pnge4
Motion: Reappoint Nick Malic to the C ultural Arts and Recreational Advisory Committee to serve an
additional term ending .July 8, 2017.
Moved by Daughetiy, Seconded by Mark
Votes:
Aye: 4 -Becl<enbach, Daugherty, Marl<, Woods
Nay: 0
MOTION CARRIED
Motion: Appoint Judy HocdeJ-Workman to serve on the Cultural Arts and Recreational Advisory
Committee fot· a two-year term beginning .July 9, 2015 and ending July 8, 2017.
Moved by Daugherty, Seco nd ed by Mark.
Votes:
Aye: 4-Becl<enbach, Daugherty, Marl<, Woods
Nay: 0
MOTION CAIUUED
6. Action on Resolutions
A. RESOLUTION NO. 15-03
ATTACHMENT E-6, RESOLUTiON NO. 15 -03 FOR ASSISTANCE 20 15 UNDER THP.
FLORIDA rNLAND NA VIGA TlON DISTRICT WATERWAYS ASSISTANCE PROGRAM
Mayor Woods read Resolution No. 15-03 by title.
Public Works Director Doug Layton exp lained a parl of the g rant submittal is that there is a resolution from
the Commission supporting the gra nt. He sta ted if they don't pass thi s resolution, they won't Jook at the
grant. He stated th is is a 50-50 grant for the ped path that runs alon g Dutton Is land Road .
Motion: Approve Rtsolution No. 15-03 as read and authorize the City Manager to sign the awlication
for the Florid~l lnland Navigation District's Watcnvays Assistance Program Grant.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 4 -Becl,enbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
A. Ordinance No. 12-15-04, introduction and First Reading
AN ORDJNANCE OF T HE CITY OF ATLANTIC BEACH, fLORIDA AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH THE
ClTY OF JACKSONVILLE PROVIDING POR THE ANNEXATION OF CERTAIN LANDS
FROM THE CITY OF JACKSONV ILL E TO TilE CITY 01· ATLANTfC BEACH UPON WHICH
THE DEVELOPMENT OF THE ATLANTIC BEACH COUNTRY CLUB FORMERLY KNOWN
Aprill3, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
APRIL 27,2015
Page 5
AS SELVA MARINA COUNTRY CLUB IS BEING REDEVELOPED BY ATLANTIC BEACH
PARTNERS, LLC; PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 12-15-04 by title.
Motion: Approve Ordinance No. 12-15-04 as read.
Moved by Daugherty, Seconded by Mark
Mr. VanLiere gave an update on the proceedings on this ordinance in Jacksonville.
Votes:
Aye: 4-Beckenbach, Daugherty, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. Wind Shutter Replacement Panels.
Mr. Layton explained there was a theft of the storage trailers that contained the shutters. He stated they have
turned this into the insurance but there is a $5,000 deductible.
It was the consensus of the Commission to move this forward to the next agenda for action.
B. 201 Mayport Road PLAT.
Mr. Hubsch gave a slide presentation on the 201 Mayport Plat for the Habitat for Humanity housing. He
stated Habitat has now designed the project, has gotten their civil plans approved and now want to start
platting the property so they can start the vertical construction. He stated they have made some minor
adjustments to the originally approved plans. He stated we had approved 80 units but they had some drainage
issues arise as they got into the design aspect so they have reduced the number of units down to 70 units and
have put in a stormwater management facility where there were originally some residential structures. He
stated the Community Development Board reviewed this at their March 17 meeting and voted to approve it 5-
0. He stated staff is also recommending approval. He and Mr. Layton answered questions from the
Commission.
It was the consensus of the Commission to move this forward to the next agenda for action.
C. Naming of Fountain in Mayport Road Retention Pond.
Mr. Layton explained the request to name the fountain Freedom Fountain and put a sign/plaque with the
name and the Fleet Reserve logo and the City's logo. Discussion ensued.
It was the consensus of the Commission to move this forward to the next agenda for action.
D. Proposed Ordinance relating to number of appointed members on the Community
Development Board.
Aprill3, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
APRIL 27, 2015
Page6
Mayor Woods suggested having two alternates. Mr. Hubsch agreed, stating Donna Bartle had raised this
issue earlier. Discussion ensued. City Attorney Komando stated what the alternates help with is establishing
a quorum. He stated there are pros and cons both ways; i.e., if an alternate is routinely not called upon
generally they lose interest and don't participate so they don't have the institutional knowledge. Ms. Bartle
added that Jacksonville Beach also has alternates. She stated Neptune Beach has 7 members and 2 alternates
and Jacksonville Beach has 5 members and 2 alternates. She asked if an alternate could sit in if a regular
board member had a conflict of interest. Mr. Komando stated normally the alternate is there for the entire
meeting; you don't pick and choose on subject. Commissioner Mark stated she fully supports changing it to
two alternates.
It was the consensus of the Commission to change the two extra members to be alternates and move this
forward to the next agenda as an Ordinance for action.
E. Amendment to Atlantic Beach Country Club Master Agreement.
Mr. Van Liere explained the amendment stating the Club agreed to accept using our adopted rates. He stated
he believes this is a good agreement for the City and the Club. Discussion ensued. Mr. VanLiere further
explained the agreement and the amendment. He explained the agreement stated the Club would get a 50%
discount in return for agreeing to the green space in perpetuity. Further discussion ensued.
It was the consensus of the Commission to move this forward to the next agenda for action.
F. Selection of Construction Management Services for Police Building Expansion and
Remodeling.
Mr. Layton explained this is to select the construction manager for the police building. He further explained
the process. He answered questions from the Commission. He stated a presentation will be in the agenda
packet for the next meeting.
It was the consensus of the Commission to move this forward to the next agenda for action.
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (April-June 2015)
Mr. VanLiere reported the calendar does not have the Strategic Planning session on it because he has not
heard from everyone about whether the dates of May 4 and 5 are good for Strategic Planning.
Stated the tree ordinance will be on the next agenda in an ordinance format. Mr. Hubsch reported there will
be a tree planting at Howell Park on Arbor Day, April24 at 10:00 a.m. Discussion ensued.
Mr. VanLiere stated the owner of 51 Beach Avenue, which is next to the life guard station, offered a corner
of his property for bike racks.
Mr. VanLiere introduced Russell Caffey, the new Finance Director, who was in the audience.
10. Reports and/or requests from City Commissioners and City Attorney
Aprill3, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
APRIL 27,2015
Page?
City Clerk Bartle reminded everyone about the Employee Picnic this Friday from 11:00-3:00, with
presentations at 1:00. She stated the Commission is invited and urged to come. She also made a correction to
a previous statement she made, stating Neptune Beach has 7 members, with 3 alternates.
A. Discussion on Bennett Property.
Commissioner Mark stated she is going to table this discussion because there are still some issues being
worked out.
B. Neighborhood Investment Program.
Commissioner Mark stated she is going to table this discussion until the Strategic Planning Workshop.
Commissioner Mark
• Stated they have new rack cards for the Beaches Trolley which they will place in the lobby of City
Hall and at Adele Grage and the Police Department. She encouraged everyone to ride the trolley.
• Reported the Technical Advisory Committee and the Citizens Advisory Committee for the Mayport
CRA will be meeting at the community center in Mayport starting at 9:00. She stated she will be
unable to attend but Jeremy Hubsch stated he will be in attendance and taking notes. Mr. Hubsch
stated he has been having some discussions with the consultants who are working on that project and
the NE Florida Regional Council to do some of the visioning aspects of it. He stated they may be
coming before the Commission with the proposal sometime soon.
City Attorney Komando
• Sent out the Charter Review amendments and asked that they give him their comments.
• Reminded the Commission of the variance appeal next Wednesday and stated if they have any
questions, please contact him in advance.
Commissioner Beckenbach
• Thanked everyone for their condolences for his Dad, stating he really appreciates it.
Mayor Woods
• Reminded everyone there is a Town Hall meeting this Saturday, April 18, in the Commission
Chamber at 10:00 a.m. She stated Commissioner Beckenbach will be out of town but hopefully the
other four Commissioners will be able to make it.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 7:42p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
Jlroclamation AGENDA ITEM #2A
APRIL 27, 2015
In Recognition of the Distinguished Service of
Donna Kaluzniak
WHEREAS, Donna Kaluzniak dedicated over 16 years of public service to the City of Atlantic Beach and retired on March 20,
2015;and
WHEREAS, her energy and enthusiasm for accepting new challenges and opportunities resulted in Donna Kaluzniak being
promoted to Public Utilities Director on May 16, 2001; and
WHEREAS, during her tenure as Public Utilities Director, Donna Kaluzniak accomplished many strategic priorities established
by the City Commission including; updates to the City's Sewer and Water Master Plans, Wastewater Treatment Plant TMDL
compliance upgrade, biological nutrient removal and sludge and odor control improvements; and
WHEREAS, through Donna Kaluzniak's perseverance in researching methods to save the City money, she was awarded a
Superior Achievement Award in June 1999 for her work in getting the Florida Department of Environmental Protection (FDEP) to
reduce their Annual Regulatory Program Fee for the City's Wastewater Treatment Facilities resulting in an annual savings of$12,000;
and
WHEREAS, Donna KaluZJliak was instrumental in securing a $440,000 grant for the Reclaimed Water Facility Project to provide
liTigation to the Atlantic Beach Country Club. She worked closely with the FDEP, developer, golf course designer, and consultants to
complete a fast-track design and permitting process to complete the project on time and under budget. The project will preserve up to
183 million gallons of groundwater each year and reduce effluent discharged to the St. Johns River by the same amount; and
WHEREAS, Donna Kaluzniak was the principal architect of the Wastewater Treatment Plant consolidation project reducing
costs by over $300,000 which resulted in substantial electrical and chemical savings. Her management of all the long-term projects
allowed the City of Atlantic Beach to keep water and sewer costs down, resulting in the lowest current rates of any of the regional
utilities; and
WHEREAS, in 2013, the TMDL project completed the decommissioning of the Buccaneer Wastewater Treatment Plant. Donna
Kaluzniak worked diligently to facilitate efficient and cost effective effmts to exceed the minimum nutrient reductions required by the
TMDL standards to assure the sustainable future health of the St. Johns River. She kept the entire project within budget and the
resulting facilities continue to work extremely well; and
WHEREAS, Donna KaluZJliak was very successful in managing the long-term septic to sewer conversion project set fmth by the
City Commission. The City stmted the project with almost 300 customers on septic tanks that needed to be converted leaving only six
remaining; and
WHEREAS, the City Commission recognizes what a valuable and itnportant contribution Donna KaluZJliak made during her
distinguished service with the City.
NOW, THEREFORE, BE IT PROCLAIMED, the City Commission of the City of Atlantic Beach, Florida, hereby expresses its
sincere appreciation for the exemplary service of Donna Kaluzniak and on behalf of the citizens of Atlantic Beach extends hemtfelt
gratitude and best wishes for continued success and a happy and rewarding retirement.
IN WITNESS WHEREOF, I have set my
hand and caused the Official Seal of the
Ciz of Atlantic Beach to be affixed this
2i day of April 2015.
Carolyn Woods, Mayor
Attest: --------,-----:--~
Donna L. Bartle, City Clerk
f}rodamation
AGENDA ITEM #2B
APRIL 27, 2015
WHEREAS, May 16th, 2015 is the fifth 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 impmiant 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, hypeliension 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 pmticipants; 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 16t\ 2015 as
NATIONAL J(JDS TO PARKS 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 27th day of April, 2015.
Carolyn Woods, MAYOR
AGENDA ITEM #2C
APRIL 27, 2015
Note: As of April16, 2015, the 2013-2014 Audit Report has not been submitted to
the City. However, once it is received, it will be provided electronically.
AGENDA ITEM #3A
APRJL 27,2015
AGENDA ITEM:
SUBMITTED BY :
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACII
CITY COMMISSION MEETING
STAFF REPORT
Wind Shu tter Replacement Panels
Douglas E. Layton , P .E., rz/ <") /:J (_
PublicWorks Dire ctor L-Y .. 0 C ~L
March 16,2015
In December, 2014 a storage trailer containing th e custom
fit po lycarbonate see through wind shutter panels for th e
City Hall building was stolen from the locked, fenced in
area of Water Plant# 1 where it was being stored. COAB
Police Department ha s investigated and HR ha s the
required paperwork to submit an insurance claim. A new
trailer has been requi sitioned.
Custom Stonn Shutters Direct, Inc. has proposed $14,684
to supply clear replacement shutters to attach to the City
Hall buildings. This includ es replacing exi sting hardware,
supply of removab le bottom tracks for the entry doors , drill
to matc h anchors in floors, and lab el all panels and tracks
CO!Tesponding to the correct openings. This vendor was
awarded the original bid (1112 -1 0) for thi s project.
BUDGET: There is CU !Tently $18,526 in account 001 -1 009 -5 19-64-00.
A future budget modification will be needed for approval by the
City Commi ss ion to repleni sh this account when the insurance
claim is received.
RECOMMENDATION: Purchas e th e rep lacements s hutters in the amount of$14,684 as
recommended.
ATTACHMENTS: Quote from Custom Stonn Shutters Direct, Inc.
REVIEWED BYCJTY MANAGER: --2Z t/a,. ;;lu t
-
"Better Prodttcts, Better Service ...... Everyday"
ACENDA ITEM #3A
A I'RI L 27,2015
A Go ldeu Rule Co mpany
Certified Gen eral Contractor CGC1516284 CBC1255541
St Augustine (904) 824-8401 Jacksonville (904) 745 -9779 Amelia Island {904) 277-37970
Ormond Beach {386) 672 -3737 New Smyrna Beach {386) 424-9900 Titusville (321) 268-4550
Hurricane, Security, and Decorative Shutters, Garage Doors
To: Patty Drak e From: Mike O'Connell
Vice President
0 2/26/15
800 Seminole Rd At l antic Bch, Fl
Re : Hurricane panels
Scope
Custom Storm Shutters Direct Inc.
Supply all clear panels n ee ded to attach to the City Hall buildings existing hardware. Supply removable
bottom t racks for the entry doors. Drill to match anchors In f l oors. Label al l panels and tracks per the
openings to which they belong.
Total Cost $ 14,68 4 .00
If you have any questions pl ease do not he sitate to cal l or ema il me.
T han k you,
M ike O'Connell
/
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
201 Mayport Road PLAT
Jeremy Hubsch
Building and Zoning Director
March 10, 2015
AGENDA ITEM #3B
APRIL 27, 2015
The 201 Mayport Special Planned Area (SPA) was approved by the City Commission in 2014.
The site plan and engineering of utilities have been reviewed and approved by the City. The
developers are preparing to begin construction on the residential component of the project. They
are now seeking to plat the entire project area which includes twenty residential buildings with
70 total units; as well as lots for a community center, park and stormwater pond. The Plat Map
submitted to the City matches the approved Special Planned Area Master Development Plan
Map with the exception of a loss of a few residential lots to accommodate the stormwater pond,
which is allowed by the SPA Text. The development will have ten units fewer than the
maximum that was allowed by the SPA Text.
The Community Development Board voted to recommend approval of the 201 Mayport PLAT to
the City Commission by a vote of 5-0 at the March 1 ih meeting.
BUDGET: None.
RECOMMENDATION: Approve 201 Mayport Road PLAT
ATTACHMENTS: 201 Mayport Plat Maps
REVIEWED BY CITY MANAGER:
OCEANGATE
A f'ORTIOH Qf IH£ CASII?O Y FERREr? GRM<T, SECTION J8, TO'o+NSH/P :l SOUn!,
RANCE 29 OSI; CiTY OF AnA/InC DCACJ/, DUVAL COUNn; FLORIDA.
CAPTION
THAT CERTAIN PIECE, PARCEL OR tRACT OF LAND SITUATE, LYING liND
BEING IN THE CITY OF JACKSONVILLF, COUN fY OF DUVAL AND STATE
OF FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FO/_LOWS: A
TRACT OF LAND L Y!NG IN THE CASTRO Y FERRER GRANT. SFCTION 38,
TOWNSHIP 2 SOU !H, RANG£ 29 EI~ST. A TLANT!C BEACH, DUVAL COUNTY,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: /OR A POINT OF
REFERENCE COMMENCE AT THE INTERSECTION OF THE NORTHERLY LINE OF
AILANTIC (JOULLVARD AND THE EASTERLY UNE OF MAYPORT ROAD;
!HENCE RUN NORTH 20'28'35" EAST ALONG SAID EAS!ERL Y liNE OF
MAYPORT ROAD, A DISTANCE OF 360 FEET TO A POINT OF BEGINNING:
THENCE RUN NORTH 89"79'35" EAST PARALLEL TO SAID NORTHERLY LINE
OF A TLANT!C BOULEVARD, A DISTANCE OF 612.38 FEET: THENCE RUN
NORTl-1 OT04'25" WEST, A D!SfANCE OF 69l.90 FEET; THENCE HUN
NORT!i 69"31'25" WEST, A DISTANCE OF 251.01 f't:E: r TO THE
EASTEI?LY RIGHT-OF-WAY LIN£ OF SAID MAYPORT ROAD; THENCE RUN
SOUTH 2028'35" WEST ALONG S/110 EASTCRL Y LINE OF MAYPORT
ROAD, A DISTANCE OF 834.36 FEET TO THE POINT OF BEGINNING.
(DESCRIPTION FURNISHED BY CUFNT) I ANDS THUS DESCRIBED CON fAIN 1.2
ACRES MORE OR LESS
I'H£PAHW BY:
RICHARD A. MILLER & ASSOctA TfS. INC.
PROFESSIONAL LAND SURVF.:YORS
6701 BEACH BLW .• SUITE' J200
JACKSONV/1 U:, FLORIO A J2216
FAX (904) 721-5758
TrL£PHON[ (904) 721-1226
PSD NO.
CITY DFVFLOPMtNT NO. 0000.000
1\00PT!ON AND DEDICATION
~~s~s ,k~c~:!~n~h~~~ ~r:,;';!s h~:/],A [,~~ ~~u~~~r;';d~~" h~2,~r~~~~~~;~f,~o~~.~r;,'~r;:~~m;~/:.,}:; ;~~~~'tdi-'";.,~' ~~
plo/ b~kJ9 madtJ '" o=ardOilc<J .,,lfl ~~id :;ur..,y I~ h~r~by r1dop~"d os o true and C<m~-ct plat a! (/10~~ land;;. All rood~.
olhJ)" and uno/;>~tructcd dralnog/J /JO~~mBnt:;. (llKc.,pt all prlvat" drolnar;~ ~O.SIIITl(>f!/3 which :;hall remain prlvat,.ly owned and
':x~~~~'"olfn:a~:":,'~;;"; ,~;"ei,~-:;c:'a~~~~~;~;~~~~ r a~r:n:/.~~A~~~~~·~tiy ~"oo:c"~~"J~0n~ ~'}!~o~~~1;;cr:t.~~od~cJ7c";;'f.,"':)• 1:nd
.CA and.thtl Clly Of Allonllc fJooch), o"' htlr~bj/ffovacobty and Nllhout nts..rvat!on dedlcelt~d to OW City of Jock110'1vll/~.
~~~~~~ ~~~:cf~~~~t'':;~ ~~~1:1~~~~~:11~1~ ~~~/i;l~?~; ~;"':':~c a~:o~~e~;r~~~.,.;~~b~;c~;:?~~~h:~'t<l ::.~:7::,~.o~11d:::~":i,.~"7;'t~;d
City of A/lontia Gt~och.
7ilos" <>a~em.,nl:; d".~ignated a~ "JEA-ET" or" hiJf"Bbf ,;,.,._.,cobty d•dlcoled lo J£A, ils ,;ucc•Msors and a~dgns, (or it~
':/r~~;:;:,,:~;.,:;;c~l';j'~~~:£~. wfj~ ~~c:~~C:,",;0:n": :~~~~~~-a~oY/J.~":tan~~;;,uc;;:::n;,~~~~n ():~";J,~~":/a,"".,,;t;:.~Eu~n~~~~!~~y
"lee/rica/ system; provided howeW~r, /hot no parol!,.! utilltl<t:; may b/J ln::rtal/t>d wlti'l!n ~old .,O.S<Jm<Jn/:;,
T:act "8" (Noi~hbort>oo~ Park), Tmcl •c• and Tract "'"f" (Drainage [O$errt.mt), Tract •o• (R~reol/on) and Trod "C (Op~n Spac~) or~ horaby ru/a~>ed by the und~rolgn<'d o'lmer, >!9 Ducc<·~~or:; ondjor o:;~lt)n:;, pr<Jwd<Jd !lollt'O..,r, lhe und<Jrulgnt~d
owmer ra~<lr\lds th" right to con\ldy 1/t/o to sold lrocls Ia an en lily, /nc/udln~ without limllollan a propdrly 0 ,.nG"'' as~oclaUan or alh~r such <ffllity a:t ,.171 o:t:;Um~J ail obllgo/g,n of moln/Qnanc~J and operat/an lher~Jo( ur'!d<Jr ~~" plot.
In Wl(fl<l~~ wh~rtJo(, B~ar::hc:;
Non-profit Corparolion, haa
Inc .. a Florida
lab""""culedlnis
n,,·~ I~ .to <>llr!ify /he/ pur~uont to mor/')UfJO rocordt!d m O,R,a. , pO')e , th~
und,-t:i')l"t"d be•ng /h~ mor/fJa'J"~ af 1/w land~ de~crlbod In the cap/l<ltl of thi'l pi<JI, do~~
hereby foln in_ond cons,.,/ to 1/>n dodicallon of said land" and plot for ll•c "'-'<' ond
purpoa{} /htY{}m dtr.JcrlbGd and ogr.,~ that th~ mor/r;;og~ aha!/ be ~ubora!nat"d to ~old
ded,co/Jon
---~ doy of-------
BEACHES HABITAT FOR HUMANITY, /J.:'C.
A ~-lorida Non praftt CaparoUon
13..£-EJoachtw Habitat for Humanity. Inc
Mr:maqln'} Mombar
Joy McGarvey, as Pr.,r;ident
-"(si9~0!u-,-) ---
-Tp;f;;t -nom;,)
(Print nome)
<;[AT[ Of fl ORIOA
s;QJ,!JflY_Qf___Q__jl__y&
fh~ far<:I}O/fl9 tnatrum<m/ .. as acli:nowlodr;ad bnfaro m~ /Ills---·
day of __ 2014 by Jay /JcOorv~Jy a:; Pro:;/dent of end
Monagln(1 /Jambor af Boochca Habf/IJ/ (Qr Humanity, Inc., a Flanda
Non-profit Carpora/lon, on behalf of /hQ company He io pcr:;anu/ly
known lo m<t or has prodiJC"d o dri...,r's//censa as id.,nllflcotfon.
My Commt,~ion L""f'"c":
My Commlm•lan Num~...-Is'
(nom~
AUTHORIZED ~EPR£St.N/AIIYJ;
(mortgoq~)
W!INI:.SS, ______ _
STATf OF 0 ORIDA
COUNTY Of DUVAL
Tha tort:>gol'nfJ iila/rumf!tlt IJ'O:i aclu!owlcdt;f!d b(Jfora mo /hi~ __ _
day a( -------• 2014 by (nome) as Aulhodnfd ReprtmM/ol•""
of (mQrt9agc). He i:~ peruollollt knowm to ma or ho, produced o
drlvvr'~ /lcd~S" aa id.,ntifica/lon
Notary Public Slate of Flor!dc
My Comm/5~/an r:~plr~~
PLAT BOOK ___ PAG£ _____
1 SH[[ I" 1 or 1 SHEETS
CITY Of ATLIINT/C BEACH APPROVAL
7ilb ,·~ to cerNfy tho/ lh/~ plot ~0:1 bettn <1110m/n~d. accttpt~d and approorod by !h.., City
Commit>~ion of Atlan!ic Beach, Rot/do.
BY:~----
APPROVED l-OR rHE-Rf.CORD
to c~rtify thai 11>1.~ plat he~ bden ""ominod, c.ccttptad and oppro....,d by tho City
D«W~/ County, Florida, purnuont to Chap/,-6!i4, Ordtnanc" Cod<1.
"Y-------
Jom<1n M. Robinson, P.£.
D<Tcdara(Prilll!<: ~rlw
Dote: -------
CLERK'S CERT!F!CA TF
lh1:1 /:1 lo certify /hot /hi~ plo/ />au be"" .,Kafrlln"d and approorod by th" Clly of
Jockaon~flio, Ou>'OI County. Florida, and nubmilt"d Ia ,.,a for rocording and /a rccordt>d
In Plot Book -·· . , Po<J":I ------of II>~ CUff<mt Public R6cord:~ af
Du...a/ Counly, Florida, th/11 __ day of------· :tiJ/4
By. __
By _______ _
Uep~ty C/~rk
PLAT CONFORMITY R~V!EW
Th/:; l'la/ has b"en te'o'i.,wed and found In campHane« ~i~h Port I, Chopt<:r Ill, florida
Sta/u/e:>. lhl, __ day of----2011
W. Momoo Ho.l<m, P. L S
Prof.,~sionoJ Land Sur...,yor Numb"r JJ98
SURVEYOR'S em TIFICA TF
rhi:; '"' to ccr!1fy lho/ /~o o!>ovo plol i~ o true and correct teprc~anteUon of t~e land~
:;urvcyod, plotted and d~acril:>ed aboV!l, tho/ the ~urvcy O'e~ mmJo under the JJIIder~lgn<JO':;
rvspoo:;ib/., d/r...::l/on ond :Jupar~l~ion, that /Ito aur\'fly data camp/los with all of t/1/J
r~qulrem.,nts of"lh~ Florida Stolula Cl>optt~r 177, /hot P6rmon.,n/ RefarMc" Monumants,
PtNman~nl ·Controi.'P.alnt~. Ofld lpt comw:~ hr1~o bo~n frlonurnan/ad m accordance w!!h
Cl•opt<'T li'l.O~f\f'.' S., C/~aPtar 5J-17 F. A. C. and S~d•O'I 654.110 DrdmottC<' Code
of tho G/ty of J<Jck~anV~lle. ·•
OCEANGATE
A PDRnON OF 7H[ CAS fRO Y fERI?fR GRAN!, '5/cCf/ON Jl!, JOWNStiiP 2 SO!JnG
RAHCC 29 OST, CITY OF ArLANnc 801\CH, DUVAL COUNTY, R_ORIDA
NOTES '
I) @ D!l'lal~s PDrmanenl R~f~~n<nc" MorrumiNII Sot P.L.S Na JB48.
2) • DMol<" P~Nman""l ReferMce l.iO<lUm~nl Found (nol~d)
.J) (,!1 DMole:r Sot Pormarumt Ccmtrol Point
4} B~arlngs bas.,d on 520'28'J5"W for ttw Wo!llor/y Right of Way dnc
of !.IC)pOfl Road.
I ~) ~~{,:~Jf,";;,, ~~:;,~~:~~~c~0<l~d n::::a"u:~" o~0~r~~:a;:':t~~~~~;~, I
~~~~:~ ~~~ita;:,.r,:%~ ~;,:v~~g~" "~~';.~:,'a;,~r~~f· ,:;;~~~:d I
::~~~h:~ ;~~;:~"~~.r;; ~'~C:."",:;,',r,; :~~f~'~~~,,}~rl~~o~::ng~~>' i
damo'J"" lh" {acilil•c~ of" public <JII/1/y. It :;hall be solf11y 1
rt!sponsibl" for lho damage~ I
6) ~1;~a~~.,"~~~r;:;,~,m";/";::t'':;;;,f :.":t,;'fu1;/~'s';r,.!. conJUnct'"" I
"J[A-F.F" denoloSJ £A equ/pm<Jnt co:~cmcn/. Th<JSfl ar<sam~nfs I
r;,~~::'7t~~n u~~ta~~d u~::;~u~~"~af: :::c~m:,~o":;';~~ /hot mar
·J~A-£." donate:; £A eqscmanl. JEA """allow <:crlaln I
~~7.t-~:::~~~~ o;'~~~7,c:'1;:r7~,;~~~~~~" :,o;c~n;;:,d~"~'J"":!l~n~f I
~;~~~~0:"~? ~~:;,"~':/'~~~:/~!,. !l~~~~;m~,:r;::;::;ra;;~:,; ~~~
:JtJch 1/om!l. ~
7) None£, Jhl~ plat as ~=orded In It:; Qraphlc form, I• the
of/Idol depletion of lht1 I<Ubdlvld,di<Jnds dt!5Cnbt1d ht:<"c•"n
<Ind w/1/ln no clrcumston<:tt~ btt :;upp/onf,.d m oullwrlty by
any alhu grophlc ar digital farm of th~ plat, whelllcr
~~~p~~ ':,c~:J.,~· ar:'~r;;:; ";~:/ bt~a~d~~';'~~ r~:!~~t~~n~h~~~~~b/lc I
rBcard!lofGu"f<JICounty.f/arido. I
8
; ::,:"'f:;!Y~/~~~~:: :11,:";,d~~:ri:;, .. ~O.:,:/:J::;9~~:,~1~;"nh
~~;~P./R.;,)u~r;,::~~:;n;:;;;c,;u:~":reT2a~1;;do~n;;~~cz":"r
Rcvi:J11d da/11: JuM J, 20/J 1
9) Lot~ tron/ln9 ""' /we (2) :rtrCYJt:r mu:l/ hew w•hlculor acce~s
from onc(l}:~trcct only.
10) Cuffent/ow prollldfJ:; /hat no constnJcllon, fimn'J, romovol of
earth, cuttin9 of /r""~ or othor plants o:ho/1 lake place
#o/11rword of the prl~d/cUanoi woll<lnd line~ '"' depidcd an
p/q/ wltho<~l lh,. wrilton approval of IJ!Ivol Cwuty CN!d oU>~r
rcg!llo/ort OlJI!tnC/c~ with jJri'XiiC/Ion over ~uch wr:ll<>r>d::l. It I~
lha '""f'""S/bU/tt of l~e Jot own<Or, his O'}<ml and the qn/ity
pcr(armlnl} ""Y ocllvlty wl/hln th• ""1/ar>d <lWO to acqukc the
rl<X"~""'Y .,..lttcf1 approvol~ prior Ia the bog~nnin9 of OilY work. Th/~ wellond )Jrlsdlctlonol ifn• and up/or;d buflc1 may bv
~upc,,.d~d and r~d,.fln•d frorfl lim~ to t1mo by lho opproprfa/c
l}o_.nmlJf!lo/ or;8f!clc"'-
ll) Th"J oo~vmw/~ :Jhowm 11crcon O'ld dc~l<;notrd as rmobstnJclcd
eo~~"m<mb ~hal/ rmnoin /otol/y unobstructed by or"ty p~rmonont
lmprovcmcn/~ ....n/c/1 may lmpt•d., th11 us11 of sold co:J•mrml by
lh" City of Jack~"'''""/1.,. /ho con~lrucUon of dr/.,.,!t'Oy.l CN!d tho
installation of fcno:ou, h"rfgc:; and /ond~coping Is porm/s,;/IJ/e
b!!t :JUIJ}'Jcl to ftJmOWJI by th<' City at /ht! C/fPenso of t!Och lot
owner lor ftw remo...a/ ond/orruplocttmtmlofsuch /toms
12) All/at !lnos that Intersect curv<>s aro non-rodlal, unlu~s
o/l,.,rwl'<>nolod.
/J) (20.00') Oenoi<Js d/slor>co to com..,. of ~OSW~Cil/ and/or bultc~.
I
POIN OF BEGINNING
PREPARED BY:
RICHARD A. MIU£R 4t ASSOCI A 7FS, INC.
PROFESSIONAL I.ANO SURVEYORS
6701 BCACH 81 YO., SUITE f.l.OO
JACKSONVILLE, FLORIOA 32216
FAX (904) 771-5758
TEL£PHONC (904) 721-1226
PSD NO.
CITY DE"V£LOPM£N T NO 0000 000
I
I
I
I
I
POINT OF REfi:RENCE
Jc ~; :-{~ ~~~ L~~r"~~~;P~~~ RD
I
I
CRAP/ftC SCALE IN FrET
1"-IW
I
D0 ... (;1J • ...,.._..~~T~
Oti!CL'c•tco•oova.w~
0<118, -~CE 1:1!1'!. DI<I .. T ·~· ,,.,...,.l
I
I
I
I
~'Ll" R/W U~t
I
TRACT "A"
STORMWATER MANAGEMENT FACIUTY
DRAINAGE EASEMENT
S 89"23"45" W(ACT)
5 89.19'J5" K-(REC)
ORV 5606, PAGE 222.3
61247"(ACT.)
612.J8'(R£C)
ORV 4964, PAGE 946
ATLANTIC BOULEVARD
PLAT BOOK ____ PAGE ____ -/
SHEET 2 OF 4 5H£L TS
OCEANGATE
A PORTION OF TH£ CASTRO Y FE:RRER G'RANJ, SCCTION JB. TOWNSNIP 2 SOUTH,
RANG£ 29 EAST, C/JY OF An ANTIC B£ACI-I, DUVAL COUNTY, FLORIDA.
;{j&'fl'f!8 ~~:MILLER 4t ASSOCIATES. INC.
PROFFSSIONAL U.NO SURVE'YORS
6701 8£ACH BLVD., SU!"fl': /200
JACKSONVIIL(, fLORIDA J2216
FAX (904) 721-5758
T£l(PHONE {904) 721-1226
PSO NO.
CITY OCVE:LOPMENT NO. 0000.000
I
20, 40 80
GRAPHIC SC4LE IN ra: i /"oe; 10'
l
l
'·I
\.
j
ccN-I
ltcs(.f:F?itJvr.; I ~,~;~ ;;"/ ~ ~ i ~
DOWNCIJ"T" EASEMENT PER-
O'FlCIAL RECORDS VOLUME
G016, PACE 125G. EXHilliT "c""
(ITE!.1/16)
,_,"_"_C j~
OFFICIAL RECORDS VOLU!.IE
eo1B, PAGE 12sn. EXHIBIT "B" I
(ITEM /16)
I
rND 1/2"" IP
(NO CAP)
--~--~ -~~-----~------~---~ -~~--~-~~·-~------~-----
PLAT BOOK ____ PAGE ____ ~i
SHEET J OF 4 SHEETS
CURVE TAiJLE
s;u-:vE LENGN RADIUS BEARING CHORD DELTA iANCENT
.31.47' ::!D.oo· " . • 5~W 28..._28' 510'00'00" z._o.oo·
C2 ~7 7~.0 • N 8'19'09~W 90' 6 4'J?" 15.14'
OCEANGATE
A PORTION OF TH£ CA!";NRO Y FI:.RHI::.H GXAN(. 5ECf/ON JB, TOWNS/liP/ SOUT/f.
RANGE 29 I:.AST, C-UY OF ATLANTIC BFACfl, DUVAL CCUNrt. ILOR/011.
20 80
GRAPHIC SCA E IN rt:ET r., o·
I
EASE~ENT PER
RECORDS VOLUME
GE1256,EXHI81T"A"
)
I
I
\ /
J I
f1
~J I
£/t I .s I
(/
I
I
I
POINT OF BEGINNING~
,c.,
E'LY R/W LINE-...... if&
'.'V(J
POINT OF REFERENCE ~
N'LY R/W LINE or 1\lLANTIC BI_VO.
& TlfE E'LY R/W LINE OF MAYPORT RD.
PREPARCD []'(:
RICHARD A. MILLER &: ASSOCJA TE:S, INC,
PROFESS/01/AL LANO SUR'IEYOI?S
6701 BEACH BL VV., SU/J£ ,1200
JACKSONI/fl.l.f:, FLORIDA J;?Z/6
FAX (904} 721-!Jl!JB
Tf:LCPJ-/ONE (90~) 721-1226
PSD NO.
CITY DFVF:LOPMCN T NO. 0000. 000
J:-r
N' Y R/W LINE
I
I
I
I
I
TRACT "A"
STORMWA TER MANAGEMENT F AGILITY
DRAINAGE EASEMENT
252.93'
S 89"23'45" W(ACT)
S 89"19'35" W(REC)
ORV 5606, PAGE 222.5
ATLANTIC
I
TRACT "B"
NBGHBORHOOD PARK
612.47'(ACT.)
612 . .5B'(REC)
PLAT BOOK ____ PAG£ _____ 1
SHEET 4 OF 4 SHEETS
--------'" """q "' -----_______ j
FND1/2"1P
110672
B 0 U L E V A R D
-:=]
DELTA TANGENT,
?1'04'50" 707'
201 Mayport Plat
OCEANGATE
A P001KJN OF 1!/f cosmo 'l' ~ CRIINT. sccncw .l8. TDIIINSHIP 2 sourn
RANCE 29 OISf, QT'r' OF A~1!C DCACII, O!NAL COUNn', FlOII/IM.
NOTES:
t)@ D.motruPwm ... .-,/Ref.,..,.cf1111"""'"""tS..tP.LS.~.ll:lof!t
2) • Cknaltn P.:!mooa.l R11frKrJ/I~ UMUmMI FD<md (natfJd)
J) Q Dooot1011 Set P.,.monlll'lt CotltfOI Point t
4} lllltClrin!l'l bo3ttd oo S20":2U'J5"W for //lf1 Wv.ltorly Rlr;M a{ Way f1
olllo)f>orl Raod.
5)AUpla/tlld..asft1111t11:<llho..,horeanorolortt>ecom'>fn.Jction,
lmltoJ!ollol!, mall'!/Manc., ondop«""t/Ofl ofdroinopc:Ttruclur.:s,
utflltf<J$,. $anltary ,.,.,..,.,. and coblfl t(llay/~lorr uwv/,.,, pravfdod
/lo~o<'«"l/lat uaid c:cb/f1 tlllnf,lorl /IW"VICfl, :shall not lntllrl.,..,
"lth lhe focOltln arid ,..,...,c..., ofony el«trlo:. lrllephooc. gou
Qt' ofh,.r p<JbHc utility In //111 .,_,/ o cob/11 lfllllVi'fliCJII compor>y
damag<n II>• facllitia~ af o public utility. It 'llho/1 bt~ lldflly
l"ll'$p«'"ibJo 19" th11 damcqo'l.
6)Cet-tcli1 r>O,..,IIJI'l/.:roro("flotVffdfor£A (oru.:reitJCOfl;.mctlon
orilhlhoun~ndol•clrl~aldlstrlbutlorrspl<lm.
"J£A.-f:£." dvnot.,. J£A. oq<J/pment ornai'IH...,t. Th,..., """""'""/"
!II!QI/ r•moifl totally UrtobBtrur:t<ld by any lmpro-..mb tho/ mo
lmpMM tho U!IO or~d accm~" of uold oo:rt'l'l'l..,t by ~~ ";
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I
PSD NO.
CITY D£li£LOPM£NT NO. 00?0.000 ATLANTIC BOULEVARD
AC €NDA ITEM #3 8
AI'IUL 27,201 5
201 Mayport Plat
• Reduction from 80 units to 70 units
• Applicants removed 10 units in order to create
an additional stormwater management facility
• Streets, access points, open space, buffers are
unchanged from the approved SPA Master
Development Plan
201 Mayport Plat
• Section 24-124 of the Land Development Code
states that minor modifications to a final
development plan can be approved so long as
they are consistent with the following:
1. No change in use
2. No increase in building height, density, or
intensity of use
3. No decrease in area set aside for buffers or
open space
4. No changes to access points or driveways
AGENDA ITEM:
SU BMITTED BY:
OATE:
CITY OF ATLANTIC BEACH
C ITY COMMISSION MEETING
STAFF REPORT
Mu y po rt Fo untain
Dougla s E. Layton , P.E .,
Public Work s Director
March 25, 2015
AGENDA ITE M 113C
APRIL 27,2015
BACKGRO UND: Recently, th e City insta l led a fountain in a retention po nd
adj acent to Veternn 's Pa rk and the VFW o n Mayport Road .
The rl cct Reserve donated $2,500 to "j umps tart" thi s
projec t. T hey have req uested a si gn that in cludes their logo
a long with th e Ci ty lo go and a name for the th unta in. They
sugges t the name rrcedom r ou nt ain.
BUDGET : Less than $500
RE COMMEN DATION: Approve t he name "Freedom Fountain" nnd pla ce ment of a new
s ig n as reques led .
ATTACHMENTS: None.
REVI EWED BYCITY MANAGER: ~ t. c~-2 21.-s ./
~ >
AGENDA ITEM :
SU BM I TTED BY:
DATE:
STRATEGI C PLAN LJNI(:
BACKGROUND:
CITY COMM ISS ION MEET ING
STAFF REPO RT
AGEN DA ITEM #3 0
A I'R IL 27,201 5
Proposed Amendment to the Atlan ti c Beach Count ry Cl ub Master
Agreeme nt.
Nelson Van Licre, City Ma nage r @_
Marc h 23, 2015
Pr io rit y 2, Go l f Course
As repo rted to the Co mm ission upon the adopti on of the re use rates per o rdi nance H 80-14-85 on July
14, 20 14, the City wo ul d need to amend the Mas ter Agree ment with th e Atl ant ic Beach Cou ntry Club
(ABCC) to adop t th ose rates. The ra tes adopted we re mCi rket rates set to encourage the usc of the
rcdaim ed water versus a cos t based rate that wou ld like ly discou rage use. The reuse wate r rates
adopted for th e residen ti al and com mercia l cus tomers we re set at 75% of th e potab le water rates. The
C ity also adopted a market rate fo r bul k users of .30 pe r thousand gallons ba sed on th e ra tes of other
re use prov iders in o ur area.
The ap proved Maste r Ag reeme nt with th e 1\BCC requ ired the City to ca lcu late the rates based on
projected rec lai med wa ter usc by a ll use rs an d est im ated operating costs to r eac h year. T his pro visio n
is not feas ible o r desi red to r many reaso ns. First, the cos ts assoc iated with reclaimed water trea tment
arc not iso late d. Ope rat in g costs s uch as electr icity, chemica ls, labo r and main te nance an.: not able to
be separately tracked tor rec laimed water. T he use of enginee ri ng es timates and ass ump ti ons to
de termi ne th ose costs cou ld lead to quest io ns an d disagree ment s. Seco nd, ope rat ing costs wou ld
fluctua te de pendin g on the vo lume of recla im ed water used, majo r equ ipment repairs, and changes in
s uppl y costs res ulti ng in errati c and un pred ictab le bil ls to the clu b. Third , the cos t allocations to the
c lu b wo uld sta rt hig h and he red uced by the homes added to the system, at a rate that would be
unpred ic tab le and difficu lt to calcula te. Reclaimed wate r usc is hig hly dependent o n the amo unt of
ra in fa ll , tem peratur e a nd othe r va ri ab les.
To avoid these iss ues , we have determ in ed th at a market rate is the onl y feas ible way to b ill for bulk usc
by the go ! f co urse.
Ear ly es tima tes of th e re use need s tb r th e ABCC were 400,000 ga ll ons per day on averagc. At $.30 per
I ,000 ga ll ons, thi s wo ul d generate approxi mately $43,800 in ann ual reve nue. In add itio n, pe r the
Mas ter A!:,Tt·ccmc nt , the ABCC was to rece ive a 50% disco unt fo r prov iding the Recrea ti on a nd
Greem;pace Easeme nt. A di sco un t of 50% wou ld reduce the amou nt to app rox im ately $22 ,000 if the
usage was 400,000 per d ay. Mo re recent mode li ng by tbe ABCC suggests that they may only need
260,000 ga ll ons pe r day.
In an e tfor t to acco mmodate th e ABCC a nd prov ide reuse at n market rate taking into acco un t the
Rec rea ti on an d Grecns pace Ease ment, the ABCC an d the C ity agree to utili ze the ra tes adopted by the
C ity and app ly a d iscou nt of$.06 per 1,000 ga ll ons, whi ch is 80% of the curren t bul k rote. Th is ra te
AGENDA ITEM# 3D
APRIL 27, 2015
will provide the revenue both the ABCC and the City had estimated to go towards recovering the City's
operating cost.
The City agrees to charge the ABCC the discounted rate of$.24 per 1,000 gallons. To further protect
the City if the projected reuse volume is not used, the ABCC agrees to pay the City a minimum of
$22,500 on a fiscal year basis.
Also, not included in the original agreement, the City will receive the base rate for each connected
resident to off-set the operational overhead costs. The original agreement only contained a volume rate.
BUDGET: For future years, the City will budget at least $22,500 in reuse revenues from the
Country Club. Budget for the residential revenues will be determined as homes
are added to the system and will be generated from a base and volume charge as
adopted by the City Commission with Ordinance 80-14-85.
RECOMMENDATION: Approve the Mayor to sign the amendment to the Master Agreement
between the city of Atlantic Beach, Florida and The Atlantic beach Country Club
Atlantic Beach Partners, LLC.
ATTACHMENTS: Amendment to the Master Agreement between the City of Atlantic Beach,
Florida and the Atlantic Beach Country Club, Inc. and Atlantic Beach Partners,
LLC.
Excerpts from the original agreement affected by this amendment.
AMENDMENT TO THE MASTER AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH, FLORIDA
THE ATLANTIC BEACH COUNTRY CLUB, INC. AND
ATLANTIC BEACH PARTNERS, LLC.
AGENDA ITEM# 3D
APRIL 27, 2015
WHEREAS, the City of Atlantic Beach, Florida, the Atlantic Beach Country Club, Inc.
and Atlantic Beach Partners, LLC. (hereinafter "the parties") entered into a Master Agreement
on or about November ?'h, 2013, relating to the redevelopment of real property known as the
Atlantic Beach Country Club; and
WHEREAS, Section 8.6 of the Master Agreement provides for the amendments as set
forth herein; and
WHEREAS, the parties now wish to amend the terms and conditions relating to the
calculations of reclaimed water rates pursuant to the amended terms and conditions hereinafter
set fmih.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein and for other good and valuable consideration, the legal sufficiency of which is
hereby acknowledged by the parties, the parties agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct, are
incorporated as if fully set forth herein, and form a material part of this Agreement upon which
the parties have relied.
SECTION2. AGREEMENT AMENDED. Sections 5(g) and 5(g)(i) of the
Master Agreement are hereby deleted (see pages 17-19). The amended tetms and conditions of
Section 5(g) shall be incorporated into the Master Agreement and shall read as follows:
SECTION 5. RECLAIMED WATER TO BE USED FOR IRRIGATION.
g. CHARGE FOR RECLAIMED WATER USE. The COAB established
reclaimed water charges and rates pursuant to Ordinance No. 80-14-85. The COAB may amend
the rates in the future.
i. The Golf Course Property. In recognition of the terms and conditions of
the Agreement, in consideration for the Country Club agreeing to enter into the Recreation and
Greenspace Easement, and in consideration of COAB building the reclaimed water portion of the
COAB Water System, the rate the Country Club will be charged for use of all Reclaimed Water
shall be calculated based on 80 percent of the bulk rate as specified in Section 22-365 of the
COAB Code of Ordinances. The Country Club will guarantee a minimum payment of $22,500
annually for the use of reclaimed water, which reflects approximately 260,000 gallons of
reclaimed water use daily at 80 percent of the bulk rate in effect on the date of this agreement.
AGENDA I TEM #JD
APRI L27,2015
(I) In itia l E ight ee n Mo nths: Due to anti ci pa ted flu etunt ions in nee d
during the grass gr ow-i n peri od an d th e const ru cti on ph ase of the go lf co urse
portion of the Property, COAB will not c hmge the Co untr y C lub for delivery or
Recla imed Wa ter to the Pond for the fi rst e igh teen (I R) months.
(2) The following Years: After the first e ightee n ( 18) month s, th e Co untry
Cl ub will be charged 80% o f th e bulk rate acco rdin g to Secti on 22 -36 5 of the
COAB Co de of Ordi nances.
SECTION 3. CONFLICT. If a ny portion of the amendm e nt describ ed nbove in Section
2. is in confli ct with the Mos ter Ag reemen t, the terms nncl conditions o f thi s um cndm cnt to the
Mu s ter Agreement s ha ll preva il.
SECTION 4 . EFFECTIVE DATE. Thi s amendm en t to th e Mas ter Agreement shal l be
effect iv e immed iately up o n executi on by th e parties.
JN WJTNESS W H EREOF, the pa rt ies he reto, by a nd through th e unders ig ned, htwe
entered into this Am e ndm e nt to th e Mns ter Agree ment on this __ day of January, 20 15.
T H E CITY OF ATLANTIC OEAC H, l~L ORlDA
a muni c ip al co rporation
By:
Ca ro lyn Woods, Mayor
1\ttos t: Approved ns to fo rm :
By: By:
Donna Bartle, C ity Cler k R ic hurd Komnnd o, City Attorn ey
ATLANTIC BEA ~ COUN:fRY CLU~ NC .
a Florida Corporat\ n~~~
By: ,· / 'fi
M\of1 nc l J . CsiHn .:
, , , >I;. r
STATE OF FLORIDA
I I 't" .( I
COUNTY OF DUVAL
S!om to and s ubs cribed betoro me, the unders ig ned nuthority, on thi s .2..1-_ d uy of
~ ~ , 20 15, ~tl(,lyl i chae l J. Carlin, who is perso nally kn w to me, or produc ed
S) L us ~~~~W1eLf.',,, ,,, .J. ~ ........... 1'!1 ~ ,, By· -, ~ •••• \'lOr..,·· .• ~~ · .... •• ...,IS'>J·· c..;.:, .. •M ,.., 0 ... -: 1'Co111 ~ ...
(!eat l Jfl"''ll n,, F:~o.'l>k : ; ; <1 \No. l"p~:'/019osj $
ATLANTIC BI%~·~~~~Ji}~S~i LC
,, 0 ····•···· '() ,, 1'11 f.:' FLO~ ,,,, ,,,,, .. "\''
a Florida Limited Liab ility Co mpany
By:
STATE Or PLORlDA
AGENDA ITE M# 3D
APRIL 27,20 15
COUNTY O F DUVAL 1 ) J )1
1/\f\ S:-vo r? to and s ub scrib ed bctbrc me, th e unde rsigned nu th ori ty, on thi s _'_> day of
U ILt j L L 1 , 20 15, by J ames Ricky Wood, who is perso na ll y kn own to me, or pro du ced
ns id e nt ificnti on. j~ 1 '-~--~ /
By: L (I l{t I( l ( I ( f
Notary Public, State of Flo ri da
[seu l] My Com mi ssio n Ex piros:
,., , ANG ElA MAflD INI lfW'' ~~~~·~ No.torv Pullll c, S. tste of Flo lidn ~·( i•) Mv comm. E.xtllro s Ma r. 17, 2011
~· comml esl on No . EE aM<\87 ,ii(.,
AGENDA ITEM# 3D
APRIL 27, 2015
g. CHARGE FOR RECLAIMED WATER USE. COAB will establish,
and amend in the future as needed, volume based rates for the sale of the Reclaimed Water for all
customers of the COAB Water System. Further, the rate for Reclaimed Water will be designed
to equitably share the costs of operation of the Reclaimed Water pottion of the COAB Water
System and to equitably amortize the construction costs of the Reclaimed Water system between
all users of the system now and in the future.
JAX\1763655_13
JAX\1763655_14
i. The Golf Course Property. In recognition of the te1ms and
conditions of this Agreement, in consideration for the Country Club agreeing to
enter into the Recreation And Greenspace Easement, and in consideration of
COAB's commitment to build the Reclaimed Water p01tion of the COAB Water
System, the rate the Country Club will be charged for use of all Reclaimed Water
delivered to the Pond shall be calculated as follows:
(1) Initial Eighteen Months: Due to anticipated fluctuations in
need during the grass grow-in period and the construction
phase of the golf course portion of the Property and in
order to establish a baseline for the projected needs of all
Bulk Users, including the Country Club, COAB will not
charge the Country Club for delivery of Reclaimed Water
to the Pond for the first eighteen (18) months.
(2) The Following Years: After the first eighteen (18) months,
the Country Club will be charged as follows:
-17-
JAX\1763655_13
JAX\1763655_14
AGENDA ITEM #3D
APRIL 27, 2015
(a) Rate: COAB will calculate a rate to be charged for
all Bulk Users which will include the Golf Course.
This rate will be determined by COAB based upon
the projected yearly Reclaimed Water use by all
users, both public and private, and the projected
operating costs for the upcoming year which will
include, but not be limited to, chemicals, testing,
electricity, equipment maintenance and manpower.
COAB shall base the projected yearly Reclaimed
Water use for Bulk Users upon the previous year's
use by all Users, adjusted as COAB deems
necessary and appropriate. The estimated annual
operating cost is $40,800.00.
(b) Calculation of the Country Club's Monthly Charge:
Each month, COAB will calculate the Country
Club's fee based upon the actual use of Reclaimed
Water by the Country Club, as determined by
reading the meter located at the Pond, multiplied by
the established monthly rate. In recognition of the
Country Club executing the Recreation And
Greenspace Agreement, the Country Club will
receive credit from COAB for the first fifty (50%)
percent of the bill and will be responsible for
-18-
AGENDA ITEM #3D
APRIL 27, 2015
payment of the remaining fifty (50%) percent of the
bill.
(3) Actual Operating Costs: In no case shall the charge to the
Countly Club for any given year exceed the actual cost to
operate the Reclaimed Water portion of the COAB Water
System. If it is dete1mined that the Country Club's charges
for the year exceeded the actual operating costs, the
Countty Club shall be given a rebate or credit towards the
next year's charges.
ii. The Residential Property. The Ultimate Users within the
residential portion of the Property will have individual meters and will be charged
the established volume based rate. That rate will be less than potable water rates
charged by COAB.
h. QUALITY OF RECLAIMED WATER. The Reclaimed Water
delivered by COAB shall be of a quality satisfactory for irrigation of grass and landscaped areas
with unrestricted public access in accordance with all applicable federal, state and local laws,
rules and regulations. The Ultimate Users understand and agree that the quality of the Reclaimed
Water is different from normal Potable Water and that the possibility exists that the Ultimate
Users' tmfmanagement practices may have to be altered.
SECTION6. ANNEXATION. Selva Marina, the Countty Club and ABP have
represented to both the City of Atlantic Beach and the City of Jacksonville that they wish to
annex those portions of the Property currently located within Jacksonville into Atlantic Beach so
J AX\17 6365 5 13
JAX\1763655_14
CITY OF ATLANT IC BEACH
CITY COMMISS ION MEETING
STAFF REPORT
AGENDA IT EM# 3E
APRI L 27,2015
AG EN DA ITEM: Se l ection of Construction Management Services for
Police Bui l ding Expansio n an d Remodeling
/)f~e>=f?~~
SUBMITTED BY: D~ayton, P.E. -~i~ Works Director
DATE: March 31, 2015
BACKGRO UND: On August 11, 2014 the City Commiss ion approved a fea si bi lity study for
propose d Improvements to the Pol i ce Faci l ity. At that time the Commission also
authori zed the Construction Management delivery method including solicitation of
proposa ls for a Co n struction Manager for the building.
RFP # 15-03 was advertised and 7 proposa ls were received on March 20, 2015 for these
se r vices . Staff eva lu ated the proposals and all were found to be re sponsive. The firms
were ranked b ased on their qualification s in order as shown on the attach ed matrix.
Auld & White of Jacksonvi lle was the ranked as the most qualified firm.
BUDGET: Th e City's FY 15 budget contains $2,600,000 for design and construction of these
facilities. Th e Co nstruct ion Management Contractor will be assist ing during design and
constructing the buil ding.
ATTACHMENT: Eva lu at ion of Proposals Ranking Sheet
RECOMMENDATION: To authorize staff to negotiate w i th the firms in order of their ran kin gs
for Construction Management predesign services for the expansion and r emodeling of
th e Police Facility and to authorize the City Manager to sign an agreement with the
se l ected vendor to perform these se rvices in an amount not to exceed $35,000 .
..
REVIEWED BY CITY MANAGER: ~ tl' 1M, ~
City of Atlantic Beach
Construction Management Services-RFQ NO. 15-03
Public Safety Building expansion
Ability to Staff 2nd
nmein Office Start & Financial & Quais & Similar Ranker's Ranker's Combined
Business Location Complete Insurance Location References Experience Grade Grade Grade
Weight 10 10 10 10 25 10 25 100 100 100
Carlson 8 10 10 5 5 0 0 38 81 60
Allstate 10 8 10 1 15 10 20 74 87 81
Auld & White 10 10 10 9 20 10 18 87 96 92
TWC 10 7 10 7 15 10 19 78 88 83
Perry -McCall 10 10 10 9 20 10 19 88 92 90
Baker Klein 9 10 10 7 10 10 10 66 76 71
ACON 10 10 10 4 15 10 10 69 78 74
City of Atlantic Beach
Construction Management Services-RFQ NO . 15-03
Pub l ic Safety Building expansion
Staff
Time in Office Ability to Start Financial & Quais & Similar 2nd Ranker 's
Business location & Complete insurance location references experience Total Grade
Weight 10 10 10 10 25 10 25 100
Carlson 10 8 10 6 18 10 19 81
Allstate 10 8 10 9 22 10 18 87
Auld & White 10 10 10 9 23 10 24 96
TWC 10 8 10 9 22 10 19 88
Perry -McCall 10 9 10 9 20 10 24 92
Baker Klein 10 9 10 5 16 10 16 76
ACON 10 9 10 7 12 10 20 78
BUILDING DEPT. MONTHLY ACTIVITY REPORT
COMPARISON REPORT
REPORT FOR THE MONTH MARCH 2015
COMPARISON 2013-2014
PERMIT TYPE
-----T. -------------------------------------------------------
___ 1 NUMBER OF PERMITS ,_ _ TOTAL INSPECTIONS
SINGLE FAMILY
--------1
--·· ---------------------
DUPLEX ------------
REMODEL/ADDITIONS ----------------------
COMMERCIAL NEW ------------·--------
OTHER
---------------i
TOTAL, ---------1
YTD 2014 YTD 2015 YTD 2014 YTD 2015 YTD 2014 YTD 2015
8 13 ~ L1 -----2,656!041 j_l__ -_E5,030
$_ --------------+-~----------------1----~ -----1 ~ :~~~::i~ rl---------__ 1 ,3!~.404 r----
--_,_$ _____ ---2,f56,5821-$ --------74,031 . -------
-546_ --_ __1?9 _ _[__ ---~---____ 17,0_0_7,_()1_0[$ _______ ---__ 1_,8_32,~65+ __ -__ -_ -----------=-----:---+-----'h-4.?-8-1_
PERMITS ISSUED FOR THE MONTH OF FEBRUARY 2015
265
I
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
List of property to be declared surplus
Nelson VanLiere, Finance Director
April15, 2015
AGENDA ITEM# 4B
APRIL 27, 2015
Over time, the City accumulates various properties that lose
their usefulness due to deterioration or obsolescence. Only
items deemed truly of no use to the City are on this list.
The attached list includes various office equipment, data
processing equipment and machinery and equipment.
Much of this IT equipment has already been rendered
useless by the IT manager due to the cannibalization of the
useful components. All the other equipment is not
operational.
There is no budget for this action.
Declare the list of property as surplus so that it may be
disposed of in the most beneficial way to the City.
List of property to be declared surplus
REVIEWED BY CITY MANAGER: -J1. /,/~ ;;/u...-1'•
Fixed
Description of Item Asset
Tag#
2005 White Chevrolet
Impala 4-door VIN#
2G 1 WF55K7 59246596
2007 White Ford Crown
Victoria 4-door YIN#
2F AFP7 1 WX7X142780
Fixed
Asset #
City of Atlantic Beach
PROPERTY DISPOSAL SHEET
Disposal Disposal Method of
Date Authority Disposal I
Recipient
so
so
Disposal Authority: CC -City Commission, CM -City Manager
Employee Amount
Witness Received
Method of Disposal: TF -transferred; CA -cannibaliz ed; SC-scrapped; DE-destroyed; TR-traded; DO-donated; SO-sold
Employee Witness : First initial, last name of emplqyee witnessing dispos al method
Finance Director Approval I Date -41---+----l,~~L......;~---,-----'1-+-!....,;,_~' ..;_<' __
City Manager Approval I Date._~=~------<l;~~.!../'.-=.',~£4/_.fJ_,--_____ _
Insurance
Proceeds
FLEET INSPECTION REPORT
DEPARTMENT: 2007 VEHICLE#: 0701 ASSET#:
TYPE OF VEHICLE: FORD YEAR: 2007
AGENDA ITEM # 4B
APRIL 27, 2015
MAKE/MODEL: CROWN VIC MILEAGE 71673 HRS 3899 = 233940 MILES
COMPONENT REMARKS AND/OR CONDITION
ENGINE ENGINE KNOCKING NEEDS REPLACING
TRANSMISSION OK NO PROBLEMS AT THIS TIME, HAS NOT BEEN RESULT
SUSPENSION OK STEERING
BRAKES OK
BODY PAINT PEELINS & BULBLING, NEEDS REPAINTING
ELECTRICAL NO PROBLEMS AT THIS TIME HYDRAULICS
OTHER
REQUIRED INTERIOR IS IN ROUGH SHAPE REPAIRS I
COMMENTS
INSPECTED BY: MIKEC
DATE: 04-01-2015 RECOMMEND REPLACE: YES
SUPERVISOR'S SIGNATURE:
To: Lt . D. Cameron C 1 ~1 ~·)'
From: Mike Cl a rk, First Vehicle Services
Cc: Atlantic Beach Po li ce Dept
Ref: Patrol Vehicl e #701
(2007 Ford Crown Victoria)
Lt. D. Cameron,
ACENDA ITEM #14 D
APIH L 27,201 5
POLICE DEPARTMENT
850 SEM INOLE RD
ATLANT IC BEACH, FLORIDA 32233-5445
TELEP HON E: (904) 247-5859
FAX: (904) 247-5867
Web Sit e: www.coab .u s
Date: 4/14/15
Rega rdin g car 701, it has a loud kno ckin g n o ise co min g from the lower mid part
of the engin e. I had a m ec han i c from our Ja x Beach locati on co m e here and h elp
diagnose the car to det ermine the cause. We pull ed th e oil filter off the car and it had a
large amount of metal shavings in it. W e be li eve it ha s a bad rod bearin g. Thi s requires
t he motor to be r e built or r epla ce d. Th e car has 71,373 miles on it and ha s 3,89 9
operating hours, which when co mbin ed equ ates to 233,340 miles. A new engine and
labor i s about 5,5 09 .00, plus 350.00 in misce llaneous part s. Replacin g the e ngine cou l d
increase the lif e of the vehicle to approximately two years, provided the transmission
does not requ ire rebuildin g in the future or other m echan ica l failures.
If yo u need any furth er i nfo rm ation, please l et me know.
Mike Clark Sh op (Forema n)
Farst I) Vehicle Services
AGENDA ITEM:
SUB MIT TED BY:
DATE:
CITY OF ATLANTIC BEACH
C ITY COMMISS ION MEETING
STAFF REPORT g il Summary 1-Dougl :!Lyl~ ~
Public Work s Dire ctor
Ap ril 9, 20 15
A GENOA ITEM U 4C
APRIL 27,2015
BACKGROUND: A s umm a ry o f th e 2014 Water Utilit y Audit for the C it y of Atlan ti c Beach
is pr ov ided tb r th e City Co mmi ss io n 's re vie w. The St. John s Ri ve r Wat e r Man age ment Dis tri ct
(SJ R WM 0) requires annual water audit s be compl eted and s ubmitted in Februa ry of each yea r.
The audit co mp a re s th e total mnount of wa ter produ ced over the 12-month period with t he
amount us ed a nd metered throughout the di s tr ibution system to de termin e th e amo unt o r
un acco unted for wate r lo ss. If the total un accounted for loss is gre ater than I 0%, th e C it y ma y
be required to impl ement a leuk detection program and per form s upplementary meter tes tin g/
replacem e nt act ivities.
The C it y co mpleted a nd s ubmitted the 201 4 Wat er Audit o n February II , 20 15 . Th e audit
ide ntiti cu a to tal unac co unt ed for loss ~i·om t he treat ment and di s tributi o n sys te ms o r 4.0%, well
below the District's I 0% n.:quirement.
BUDGET: N/A
RECOMMENDATION: No act io n ne cessary. The s um mary report is provided to r
into 1mation onl y.
ATTACHMENTS: 2014 Wa ter Audit Summary
REVIEWED BY CITY MANAGER: ~-· -~_;;a.........,-'--~~-u~~='-----------
2014 Water Audit Summary
AGENDA ITEM# 4C
APRIL 27,2015
The City prepares and submits a water utility audit to the St. Johns River Water Management District
each year using the District's Water Audit Form. The annual water audit identifies the potable water
uses and losses over the prior calendar year and is required by the District for compliance with the City's
consumptive use permit. The audit compares the total amount of water produced over the 12-month
period with the amount used and metered throughout the distribution system (water customer and City
facility uses) to quantify the amount of unaccounted for water loss. If the total unaccounted for loss is
greater than 10%, the City may be required to implement a leak detection program and perform
supplementary meter testing/ replacement activities.
The City completed and submitted the 2014 Water Audit on February 11, 2015. The audit identified a
total unaccounted for loss from the treatment and distribution systems of 4.0%, well below the District's
10% exceedance requirement. The resulting water amounts and percentages identified and reported in
the 2014 water audit are summarized below:
Summary of Water Use
Description
Raw water produced
Total water used in treatment
Total water produced for distribution
Total unaccounted for loss from treatment
Finished water going into distribution system
Total water from distribution system
Total unaccounted for loss from distribution
Total unaccounted for loss from treatment and distribution systems
Percent total unaccounted for loss from treatment and
distribution systems
Gallons
766,418,700
-24,938,000
741,480,700
-1,244,000
7 40,236,700
711,625,000
-28,611,700
29,855,700
4.0%
AGE NDA ITEM:
S(}RMITTEO BY:
DATE:
CITY OF' ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
v;;~ror~
Dou gl as E. Lnytun?rE. PWLF
Publi c Works Director
,April9, 20 15
AG EN DA ITEM #40
APR IL 27,20 15
BACKGROUND: A co py o f the 20 14 Water Quality Report to r th e Cit y of Atlantic Beach is
prov ided for th e C it y Commi ss ion's review. The Florida Depat1mcnt of Env ironmental
Protection (F D EP) requires annual water quality repo rt s be provided to a ll cu stom e rs hy th e fir s t
o f July every ye ar. FDE P now a ll ows reports to be pro vid ed electronically vin website as well as
by mail.
The C it y is required to tes t for over 80 drink in g wate r contam in a nts, but onl y tho se detected
<.luring ana lys is arc in c lud ed in the report . As s ho wn, detec ted va lu es were wi thin the leve ls
allowed and we had no v iolation s of water qualit y limits.
BUDGET: $550 is budgeted in th e Water Fund fo r printin g the reports, under account number
400-5502-533-4700.
RECOMMENDATION: No action ne cessary. The rep ort is pro vi ded for information on ly.
ATTACHMENTS : 20 14 At lantic Beach Wat er Quality Re port
REVIEWED BY CITY MANAGER: '--!/!. t cJ..-. &~ --------
2014 Water Quality Report
CITY OF ATLANTIC BEACH, FL ORIDA
AGRNOA ITEM 1#40
APRIL 27,2015
We are ve ry p leased to provide yo u with thi s year's Annual Wa ter Qua lit y Rcpott. We want to
keep yo u informed about th e exce ll ent water and se rvices we have delivered to you over th e past
year. Our consta nt goa l is to provide yo u wi th safe and dependa ble drinl<ing wate r. We wa nt
yo u-our va lued c ustomers-to und erstand ou r wa ter qu alit y resu lt s and what th ey mean.
Our water so urce is the F lot·idan Aq uifer, wh ich is s imilar to a large und ergro un d river.
Gro undwater is pumped fr om nin e wells that arc approx im ately 700 to 1 0 00 feet dee p. Thi s
wa ter i s aerated to remove s ui fid es and ch lorina ted for disinfection at the four sepa rate Water
Treatm ent Pl ants. Conosion cont rol treatrn ent is a lso provided. T rain ed, sta te certiliecl plant
operato rs e nsure proper trea tm en t of nea rl y three milli on ga ll ons per day of wa ter provided to
our custo mers. We are plcn scd to rcpm·t that our drinh:in g water quality meets all Fcdcr~tl
and S tate t·cquircmcuts.
If yo u have a ny quest ions about thi s report or co ncernin g yo ur water uti li ty, please co nt ac t Mr.
Ha rr y McNa ll y, Plants Div isio n Director at 904-247-5838.
I f you want to beco me in fo rm ed about upcoming water-related proj ects or programs, please
attend any o r o ur City Co mmi ssion meetings whic h are schedu led on the 2nll and 4111 Monday of
every mont h at 6:00p.m. a t Ci ty ll all, 800 Seminole Road, Atlantic Beach , Florida 32233, or call
o r e-ma il o ur Dep ut y Pub li c Works Direc tor, Mr. Kayle Moore , P.E., a t 904-247-5834,
kmoore@coab.us .
The City of Atlan ti c Beach ro utinely monitors for con tam in ant s in your drinking wa ter according
to Fede ra l and State laws. Except where indicated ot herwise, this report is based on the res ult s
of our monit orin g for th e period of Jan uary 1st to December 3 1st , 2014. Data ob tai ned before
Ja nu ary l , 20 14 an d presented in thi s repo rt are from the most recent testing done in accorda nce
with the Jaws , ru les and reg ul ati o ns.
As au th ori zed and app roved by th e EPA (Environm ental Protection Agency), th e State has
reduced mo nitorin g requirements for ce rt ain co nt ami na nt s to less ofte n than once per year
because the co ncen trations of these con tam in ants arc not expected to va ry significan tl y from year
to year.
In order to ensme that tap wate r is safe to drink , t he EPA prescrib es regu latio ns which lim it the
amou nt of ce rt ain con ta minant s in wa ter provided by public water systems. The Food and Dr ug
Administration (FDA) regul ati ons establi sh lim it s for con tamina nts in bott led water whi ch must
provide th e same pr otec ti on fo r public health.
AGENDA ITEM # 40
APRIL 27,201 5
Drin king wate r, inclu ding bottl ed wa ter, may reasonab ly be expected to contain at least s ma ll
amounts of some contam inants. The presence of co nt am in a nt s does not necessarily indicate that
th e wate r poses a health risk. Mo re informat ion abo ut contam in a nts a nd potential hea lth effects
ca n be ob ta ined by calling the EPA's Sa fe Drinking Water Hotl in e a t 1-800 -426 -4791.
Th e EPA requires monitor in g of over 80 dr ink ing water co nt am in ant s. Those contam ina nt s
listed in the ta bl e are th e on ly ones detec ted in yo ur dr irll<ing water.
MCLs a re se t at very strin ge nt leve ls. To und ers tan d th e poss ible hea lth effec ts desc ri bed for
many regu lated co nt am inan ts, a pe rso n would have to drink 2 liters of wa ter eve ry day a t th e
MCL level for a lifetime to have a one-in-a-m illi on chance o f hav ing th e desc ribed health e iTcct.
Some p eo ple may be more v ulnerable to co ntaminants in drinking w;ltcr
tlum the general population. J mmuno-compromised p e r so n s s uch as p erson s
with cancer und ergoin g chemotherapy, p erson s who h ave undergone o r gan
transplants, p eo ple with HIV/AIDS or other immune sys t e m disord e r s, so m e
e ld erly, and infants can b e particularly at risk from infect ions. T hese p eo ple
should see l<. advice about drinking water from the il· h ea lth care prov id er s.
Et>AJCDC g uid e lin es on ~l ppropriate means to lessen the risk of infectio n by
cryptosporidium and other micro-biolog ic a l contaminants are avail abl e from
EPA's S afe Dl'inl<ing Water Hotlin e at 800-426 -4791.
If prese nt , eleva ted leve ls of lead ca n ca use seriou s hea lth p ro blem s, especiall y fo r pregna nt
wo me n an d you ng chil dren. Lead in dr .inkin g wa ter is prim aril y from matcri.a ls and co mp one nts
assoc iated wi th se r vice lin es and ho me plumbing. Atlantic Beac h is respon sible fo r providing
hi gh quali ty drinking water, but ca nn ot co ntro l th e va ri ety of material s used in plumbin g
components . When your wa ter has been s ittin g fo r several hours, you ca n minimi ze th e potenti al
for lead exposure by flu s hing your tap for 30 seconds to 2 minutes befo re using wa ter for
dri nking or cookin g. Tf you arc conce rn ed about lea d in your water, yo u may wish to h ave yo ur
wate r tes ted. Informatjon on lead in dr in kin g wate r, testing methods, and steps yo u can take to
mmlm lze ex pos ure is available fro m th e Safe Drinking Wa ter 1 lot line or at
http ://w\V\V.epa.gov/satewater/lead.
ln 20 14 the Florida Department of Env ironmenta l Protect ion (FDEP) performed a So urce Water
Assess ment on our system. The assess ment was co ndu cte d to provid e in formation about any
potent ia l sou rces of co nta min ati o n in th e vicinit y of o ur we ll s . There arc 4 pote nti a l so urc es of
co nt am inat ion id entified for our sys tem wit h low s usce pt ibility levels. To protec t our so urce
wa ters, th e Cit y e nacted a Wellh ead Protecti on O rdi nance. A lso, FDEP has a ve ry active
pe tro le um co nt amination preve ntion program , and hand les penniUin g and e nfo rce ment fo r both
domest ic and haza rd ous was te s. FDEP has so me of the most stri nge nt rules in the country. The
assessme nt res ult s a re avai la bl e on the FDE P So urce Water Assessment and Protection Program
webs it e at ww\ .dep.state.n.us/s wapp .
T h a nl<. yo u for aJJowing us to continue p•·oviding your f a mily with cl ea n , <Juali ty water t his
year. We at the City of Atlantic Dcach worl< around the clocl< to prov id e top quality watct·
to every tap. We a s k t hat all our cus tom er s h elp us protect our w atca· sources.
20 14 Wa ter Quality Re port
CITY OF ATLANTIC BEACH, FLORIDA
AGENDA I TEM# 40
A PRI L 27,201 5
In the tab le you wi ll lind man y terms and abbrev iati ons yo u mi ght not be f.'ltniliar with. To he lp you better
understand these terms, we have provided the fo ll owi ng defini tio ns:
Acti on Le ve l (A L)-Th e co nce ntr ation of a co ntami nant whic h, if exceeded, tri gge rs treatment Ol' othe r
req uiremen ts whi c h a wa ter system mus t fo llow .
Initial Di s tribution Sys tem Eva lu a ti on (I OS E)-An importan t pa11 of th e Stage 2 Di s infec t ion Byp roduc ts Rul e
(DBPR). The l OSE is a one-t ime study co ndu cted by water systems to identify di stribut ion sys tem loca t ion s wi th
hig h conce ntration s oftriha lomethanes (T II Ms) and haloace tic acids (I lA As). Water sys tem s wil l usc results from
th e JOS E, in conjunc tion with their Stage l DBPR comp liance mo nito rin g data, to se lec t co mpl iance monito r in g
location s for the Stage 2 DBPR .
Max imum Co nt a mi na nt Leve l o r· MCL -The hig hes t leve l of a co ntaminant that is allowed in drin king water.
MCLs arc se t as close to the MC LG s as feas ible us ing th e best avai lab le treatment technology.
Max imum Co nta min a nt Leve l Coa l or MCLC -The level of a contamina nt in dri nking wate r below which there
is no known or expec ted ri sk to healt h. MCLGs all ow for a marg in of safety.
Ma xi mum Res idu al Di sinfec ta nt Leve l (M ilOL)-T he hig hes t level of a d is infec tan t all owed in drinkin g water.
There is a co nvincin g ev iden ce that add ition o f a cl is in fecta nt is necessary fo r co ntrol of microbia l conta minant s.
Mn xirnum Resi du a l Di sinfectant Level Coal (MRD LC) The leve l of a drink ing water di si n fect ant be low wh ich
there is no known or expected ri sk to healt h. M RDLG s clo not reflect th e bene !i ts of t he use of di s infectant s to
co ntrol microb ial co ntam inant s.
No n-De tec ts (N O)-Mea ns no t detec ted t~nd ind icates that the s ubsta nce •Na s not fou nd by laboratory analysi s.
No t Appli cnb lc (N/ A)-T he informat ion do es not app ly in thi s cat ego ry or for thi s contaminant.
Pnr ts per billi on (p pb) o r Micr og r a ms pe r lit er (ug/L)-One part by weight ofanii ly tc to one bill io n parts by
weig ht ofthe wate r samp le.
Pa r ts per milli on (pp m) ot· M illi g r a ms per lit er (mg/L)-One part by weig ht of analyte to one million parts by
weigh t of the water sa mp le.
Picoc uri cs per liter (pC i/1)-Me asure of the radio act ivity in water.
The so urces of dr inkin g water (both tap water and bott led water) inc lude rivers, lakes, strea ms, ponds, reservoirs,
spri ngs and we ll s. As wa ter trave ls over the surface or the land or through th e ground , it d isso lves naturally-
occurring mi neral s and , in so me cases, radioac tive material , and can pick up substances resu ltin g li·o m the presenc e
ofnnima ls or from human ac tiv ity. Contam inants that mny be present in so urce wate r incl ude :
(A) M i crobial co utmuiurmts, such ciS v iru ses and bacteria, which may co me fro m se wa ge trea tm ent pl ant s, se ptic
sys tem s, agricultural liv es to ck opera t ion s and wi ld life.
(B) Ju o rgrmic coulam immts, suc h as salt s and met als, which ca n be naturally-occu rrin g or re sult from urban
stormwa ter ru noff, ind ustt·ia l or domest ic wastewate r discharges, oil an d gas production , mi nin g or fa nning.
(C) Pesticides ami h erbicides, which may co me fr om a var iety of so urces suc h as ag ricult ure, urban s to rmwnter
runoff, and res id ent ial uses.
(D) Orqrm ic ch em ical coutam i mmfs, incl uding sy nthe t ic and vo latil e orga nic chemicals, wh ich are by-products of
indu stna l processes and petroleum produ ction, and can also come from gas stations, urban storm water runoff and
sep tic sys tems.
(E) R rulloaclil'e contaminants, wh ich can be natura ll y occurr ing or be the re sult of oil and gas production and
mini ng activities.
AGENDA ITEM # 4D
APRIL 27, 2015
ATLANTIC BEACH WATER QUALITY DATA 2014
Maximum Highest MCL Contaminant Sample Level Goal Level
and Unit of Date Allowed (MCLGor Detected Range of Typical Source of Contaminant Violation
Measurement (mo_,liTJ_ (MCLor MRDLG) (HLD) Results (YIN)
f--MRDL) (~l~x.) ..
Inorganic Contaminants
Results in the HLD column are the hi;:;hest detected level at any sampling point)
Antimony Discharge from petroleum refineries;
(ppb) 5/14 6 6 0.5 ND-0.5 fire retardants; ceramics; electronics; N
solder
Barium 0.025-Discharge of drilling wastes; discharge
(ppm) 5/14 2 2 0.027 0.027 from metal refineries; erosion of N natural deposits
Chromium 5/14 100 100 0.7 ND-0.7 Discharge from steel and pulp mills; N (ppb) erosion of natural deposits
Erosion of natural deposits;
Fluoride 5/14 0.75-discharge from fertilizer and aluminum
(ppm) 4.0 4 0.89 0.89 factories. Water additive which N promotes strong teeth when at optimum
levels between 0. 7 and 1.3 ppm.
Lead (point of Residue from man-made pollution such
entry)
5/14 15 0 0.5 NO-0.5 as auto emissions and paint; lead pipe, N (ppb) casing and solder
Nickel (ppb) 5/14 100 N/A 2.6 0.2-2.6 Pollution from mining and refining N operations. Natural occurrence in soil
Selenium Discharge from petroleum and metal
(ppb) 5/14 50 50 1.2 ND-1.2 refineries; erosion of natural deposits; N
discharge from mines
Sodium 5/14 160 N/A 14 12-14 Salt water intrusion, leaching from soil (ppm) N
Stage 1 Disinfectants and Disinfection By-Products
For bromate, chloramines, or chlorine, the level detected is the the highest running annual average (RAA), computed quarterly, of monthly averages of all
samples collected. The range of results is the range of results of all the individual samples collected during the past year.
Disinfectant or Dates of MCLorMRDL Level Range of MCLG MCLor Contaminant ami Unit of sampling Violation YIN Detected Results or MRDL Likely Source of Contamination
Measurement (mo/yr) MRDLG
Chlorine (ppm) Monthly N 2.9 1.4-2.9 MRDLG MRDL= Water additive used to control
2014 =4 4.0 microbes
Stage 2 Disinfectants and Disinfection By-Products
For haloacetic acids or TTHM, the level detected is the highest RAA, computed quarterly, of quarterly averages of all samples collected if the system is
monitoring quarterly or is the average of all samples taken during the year if the system monitors less frequently than quarterly. Range of Results is the
range of individual sample results (lowest to highest) for all monitoring locations.
Haloacetic Acids (HAAS) Quarterly N 26.53 5.21-60 N/A By-product of drinking water
(ppb) 2014 37.89 disinfection
Total Trihalomethanes Quarterly N 48.89 13.94-80 N/A By-product of drinking water
(TTHM) (ppb) 2014 82.22 disinfection
L d ea an dC opper T ap s r ampmg
AL No. of
Contaminant Sample (Actio 90 1h sampling
and Unit of Date MCLG Percentile sites Likely Source of Contamination AL Exceeded YIN
Measurement (mo/yr) II Result exceeding Level) theAL
Copper Corrosion of household plumbing
(tap water) 7/14 1.3 1.3 0.06 0 of 43 systems; erosion of natural deposits; N
(ppm) leaching from wood preservatives
Lead Corrosion of household plumbing (tap water) 7/14 15 0 4.02 I of 43 N
(ppb) systems; erosion of natural deposits
AGENDA ITEM# 4E
APRIL 27,2015
Note: As of April16, 2015, the 2013-2014 Audit Report has not been submitted to
the City. However, once it is received, it will be provided electronically.
AGENDA ITEM:
SU BMITTED BY:
DATE:
BAC KGH.O tJN D:
Cl'I'Y OF ATLANTIC BEACH
CITY COMMJ SS~ON MEETING
STAFF R E PORT
U•·ban •nd Co mmun i ty Po>es lry G•·•nl Reso l uli~
Jer emy liubsc h
Auilding and Zoning Direc t or
Aprii iO , 201 5
AGENDA ITEM # 6A
APRIL 27,20 15
Th e Flor id a Department of Ag ri cul ture and Co nsum er Se rvice s prov ides th e Urban and
Co mmunit y fo res tr y Gra 11t to loca l gove rnm en ts and non-pr o fi ts aroun d th e state. Staff wou ld
like to appl y for th e grant in ord er to f und a tree in ve ntory a nd managem e nt plan for cit y owned
land. T he g ra nt requ ires a re so luti on stating th at th e local municip alit y wil l s ign a Memorandum
of Ag reement if awarded th e grant .
BUDGET: N o ne.
REC OMM ENDATION: Approve Resoluti on 15-04 auth o ri z ing c ity staff to app ly for Urban and
Commu n ity Fo restry Grant .
ATTACHME NTS : Reso luti on 15-04
REVIEWE D BY C ITY MANAGER:
RESOLUTION NO. 15-04
AGENDA ITEM# 6A
APRIL 27,2015
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO
ENTER INTO A GRANT AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, FLORIDA FOREST SERVICE
WHEREAS, trees are an important pmi of our community; and
WHEREAS, the City of Atlantic Beach desires to apply for an Urban and Community
Forestry Grant which would provide monies to help improve the Atlantic Beach Urban Forest
Management Program, and
WHEREAS, the City of Atlantic Beach wishes to enter into an Urban and Community
Forestry Grant Memorandum of Agreement between the City of Atlantic Beach, Florida and the
Florida Department of Agriculture and Consumer Services
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA THAT:
Section 1. The City Commission supports the development of a program to further
improve the condition and health of the city's urban forest.
Section 2. The City Commission hereby authorizes the City Manager to enter into an
Urban and Community Forestry Grant Memorandum of Agreement between the City of Atlantic
Beach, Florida and the Florida Department of Agriculture and Consumer Services.
This Resolution shall take effect immediately upon its final passage and adoption.
PASSED AND ADOPTED this ___ day of ____ , 2015.
Approved as to form and correctness:
Rich Komando
City Attorney
ATTEST:
Donna Bmtle, CMC
City Clerk
Carolyn Woods
Mayor
ORDINANCE NO. 12-15-4
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AUTHORIZING THE MAYOR TO EXECUTE
AN INTERLOCAL SERVICE BOUNDARY AGREEMENT
WITH THE CITY OF JACKSONVILLE PROVIDING FOR
THE ANNEXATION OF CERTAIN LANDS FROM THE
CITY OF JACKSONVILLE TO THE CITY OF ATLANTIC
BEACH UPON WHICH THE DEVELOPMENT OF THE
ATLANTIC BEACH COUNTRY CLUB FORMERLY
KNOWN AS SELVA MARINA COUNTRY CLUB IS BEING
REDEVELOPED BY ATLANTIC BEACH PARTNERS,
LLC; PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM# 7A
APRIL 27,2015
WHEREAS, Chapter 171, Part II, Florida Statutes, the Interlocal Service Boundary
Agreement Act, provides an alternative for local governments regarding the annexation of
territory into a municipality; and
WHEREAS, Section 171.203, Florida Statutes, establishes a process for a county and
one or more municipalities or independent special districts within the county to enter into an
Interlocal Service Boundary Agreement; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, adopted
Resolution No. 13-14 in order to begin the process of adopting an Interlocal Service Boundary
Agreement; and
WHEREAS, the City of Jacksonville, Florida, adopted Resolution No. 2013-753 to
consider and negotiate an Interlocal Service Boundary Agreement; and
WHEREAS, the City of Atlantic Beach and the City of Jacksonville have reached an
agreement for the consideration of the respective cities; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that the
adoption of this ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
AGENDA ITEM# 7A
APRIL 27, 2015
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Adoption and Incorporation of Recitals. The City Commission of the City
of Atlantic Beach, Florida adopts the recitals outlined above and incorporates them herein as a
part of this ordinance.
SECTION 2. Authorization. The Mayor is authorized to execute an Interlocal Service
Boundary Agreement with the City of Jacksonville providing for the annexation of certain lands
from the City of Jacksonville to the City of Atlantic Beach upon which the development of the
Atlantic Beach Country Club formerly known as Selva Marina Country Club is being
redeveloped by Atlantic Beach Partners, LLC, in substantially the form as contained in Exhibit
A, attached hereto and incorporated by reference.
SECTION 3. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this __ day of ______ _
2015.
PASSED AND DULY ADOPTED with a quorum present and voting, by the City
Commissioner this __ day of , 2015. -------
ATTEST:
DONNA L. BARTLE,
City Clerk
Approved as to form and correctness:
RICHARD KOMANDO,
City Attorney
CAROLYN WOODS,
Mayor, Presiding Officer
Prepared by and return to:
J ody L. Brooks, Assistant General Counsel
Office of General Counsel
City of Jacksonville
117 West Duval Street, Suite 480
Jacksonville, FL 32202
and
Richard C. Komando, Esq.
Kopelousos, Bradley & Garrison,
1279 Kingsley Ave Suite 118
Orange Park, FL 32073-4604
AGENDA ITEM# 7A
APRIL 27, 2015
INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN THE CITY OF ATLANTIC BEACH
AND
THE CITY OF JACKSONVILLE
EXHIBIT A
ORDINANCE 12-15-4
THIS INTERLOCAL SERVICE BOUNDARY AGREEMENT ("Agreement") is
made on this ___ day of ________ , 2015 between the CITY OF ATLANTIC
BEACH, a municipal corporation of the State of Florida located in Duval County, Florida
("ATLANTIC BEACH"), and the CITY OF JACKSONVILLE, a political subdivision of the
State of Florida, in its capacity and jurisdiction as a chartered county government pursuant to
Section 1.101(b) ofthe Charter of the City of Jacksonville ("JACKSONVILLE"). ATLANTIC
BEACH and JACKSONVILLE are collectively referred to herein as the "Parties."
WHEREAS, the legislative intent of the Interlocal Service Boundary Agreement Act,
Chapter 171, Part II, Florida Statutes is, inter alia, to provide an alternative process for local
governments regarding the annexation of territory; to establish a more flexible process for
adjusting municipal boundaries; to encourage intergovernmental coordination in planning,
service delivery, and boundary adjustments and to reduce intergovernmental conflicts and
litigation between local governments; to promote sensible boundaries that reduce the costs of
AGENDA ITEM# 7A
APRIL 27, 2015
EXHIBIT A
ORDINANCE 12-15-4
local governments, avoid duplicating local services, and increase political transparency and
accountability; and to prevent inefficient service delivery and an insufficient tax base to support
the delivery of those services; and
WHEREAS, Section 171.204, Florida Statutes authorizes the annexation of lands that
may not qualify for annexation under the provisions of Chapter 171, Part I, Florida Statutes, such
that a municipality may annex lands of any character; and
WHEREAS, the Parties have identified certain land that is within the jurisdiction of
JACKSONVILLE, but that is logical for annexation into ATLANTIC BEACH, and desire to
enter into this Agreement to facilitate said annexation, and to address the provision of services
and infrastmcture to said land; and
WHEREAS, the Parties have complied with the procedural requirements contained in
Chapter 171, Part II, Florida Statutes and have negotiated this Agreement; and
WHEREAS, the governing boards of the Parties deem it to be in the best interests of
their citizens to enter into this Agreement;
NOW THEREFORE, in consideration of the mutual covenants set forth in this
Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
SECTION 1. RECITALS. The above recitals are true and correct and are incorporated
as if fully set forth herein.
2
AGENDA ITEM# 7A
APRIL 27, 2015
EXHIBIT A
ORDINANCE 12-15-4
SECTION 2. AUTHORITY. This Agreement is entered into pursuant to Chapter 171,
Part II, Florida Statutes.
SECTION 3. MUNICIPAL SERVICE AREA. The area that is the subject of this
Agreement (the "Property") is depicted and described in Exhibit A.
SECTION 4. AGREEMENTS. The Parties have ensured the efficient provision of
infrastructure and service delivery to other properties by means of: an Inter-Local Agreement
dated May 11th, 1982; and an Agreement between the City of Jacksonville and Atlantic Beach
dated September 28th, 1995. The Parties have also entered into an Interlocal Agreement dated
July 31, 2013 that is specific to the Property. The Parties agree further to provide infrastructure
and service delivery within and to the Property in accordance with the terms and conditions of
the above described 1982, 1995, and 2013 Agreements, and any subsequent amendments to the
same.
SECTION 5. VOLUNTARY ANNEXATION. The owners of the Property may
petition ATLANTIC BEACH for voluntary annexation even if such lands do not qualifY for
voluntary annexation under the provisions of Chapter 171, Part I, Florida Statutes. ATLANTIC
BEACH shall have the authority to annex lands for which a petition for voluntary annexation
from one or more persons who own in excess of fifty percent (50%) of the Property has been
received. Upon determination by ATLANTIC BEACH that the petition bears the requisite
percentage of signatures, ATLANTIC BEACH may, at any regular meeting, adopt a non-
emergency ordinance to annex the Property and redefine the boundary lines of ATLANTIC
BEACH to include the Property. Said ordinance shall be passed after notice of the annexation
has been published at least once each week for two (2) consecutive weeks in a newspaper of
3
AGENDA ITEM# 7A
APRIL 27, 2015
EXHIBIT A
ORDINANCE 12-15-4
general circulation. The notice shall give the ordinance number and a brief, general description
of the area proposed to be annexed. The description shall include a map clearly showing the area
and a statement that the complete legal description by metes and bounds and the ordinance can
be obtained from ATLANTIC BEACH. An ordinance adopted under this section shall be filed
with the Clerk of the Circuit Court and the chief administrative officer of JACKSONVILLE and
with the Department of State within seven (7) days after the adoption of such ordinance. The
ordinance must include a map which clearly shows the annexed area and a complete legal
description of that area by metes and bounds. JACKSONVILLE hereby consents to such
annexation.
SECTION 6. LAND DEVELOPMENT PLANNING AND REGULATION. The
Parties agree that until such time as ATLANTIC BEACH approves a voluntary annexation
pursuant to this Agreement, the Property shall remain subject to the applicable local
government's zoning designations, Future Land Use Map designations, and land development
regulations. Upon the effective date of any ordinance approving a voluntmy annexation pursuant
to this Agreement, the annexed lands shall be subject to all laws, ordinances, and regulations in
force within ATLANTIC BEACH at the time of annexation, except that until ATLANTIC
BEACH adopts an amendment to its Comprehensive Plan incorporating the annexed area,
JACKSONVILLE'S Comprehensive Plan, zoning, and land development regulations remain in
full force and effect within the annexed area. Upon the effective date of any ordinance
approving a voluntary annexation pursuant to this Agreement, the effective date of any ordinance
amending ATLANTIC BEACH'S Comprehensive Plan, or the effective date of any ordinance
rezoning the lands within the annexed area, whichever occurs last, the annexed area shall be
4
AGENDA ITEM# 7A
APRIL 27,2015
EXHIBIT A
ORDINANCE 12-15-4
subject to ATLANTIC BEACH'S Land Development Regulations, and shall be subject to
ATLANTIC BEACH'S building, zoning, and planning jurisdiction.
SECTION 7. INCORPORATION INTO COMPREHENSIVE PLANS. No later
than six (6) months following the approval of this Agreement, the Parties shall incorporate into
the Intergovernmental Coordination Element (and as necessary other Elements) of their
respective Comprehensive Plans the provisions of this Agreement as is necessary to effectuate
the intent of this Agreement and the obligations assumed by each hereunder.
SECTION 8. TERM OF AGREEMENT; EFFECTIVE DATE. The term of this
Agreement shall coincide with the above described prior agreements in Section 4, but shall not
exceed twenty (20) years. This Agreement shall become effective upon the enactment by the
Parties of ordinances adopting this Agreement. The Effective Date shall be the date of final
adoption by the last Party.
SECTION 9. RENEWAL OF AGREEMENT. The Parties shall initiate negotiations
for the renewal or extension of this Agreement beyond the twenty (20) year term no later than
eighteen (18) months prior to the termination of the initial term.
SECTION 10. PERIODIC REVIEW; This Agreement shall be periodically reviewed
by the Parties.
SECTION 11. MODIFICATION. This Agreement may be modified in writing by
mutual consent of the Parties.
SECTION 12. DISPUTE RESOLUTION. In the event of any dispute related to
this Agreement, the Parties agree to resolve the dispute consistent with the conflict
5
AGENDA ITEM# 7 A
APRIL 27, 2015
EXHIBIT A
ORDINANCE 12-15-4
resolution procedures established in Chapter 164, Florida Statutes. If there is a failure to
resolve the conflict, no later than thirty (30) days following the conclusion of the procedures
established in Chapter 164, Florida Statutes, a Party may file an action in Circuit Court to
resolve the dispute.
SECTION 13. NOTICE. All notices, consents, approvals, waivers, and elections
under this Agreement must be in writing and shall be given only by hand delivery for which
a receipt is obtained, or certified mail, prepaid with confirmation of delivery requested.
Notices shall be delivered or mailed to the addresses and parties set forth below or as may
otherwise designate in writing.
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
City of Jacksonville
St. James Building
117 West Duval Street, Suite 400
Jacksonville, Florida 32202
SECTION 14. SOLE BENEFIT. This Agreement is solely for the benefit of the
Parties, and no right or cause of action shall accrue upon or by reason hereof, to or for the
benefit of any third party. Nothing in this Agreement, either expressed or implied, is
intended or shall be construed to confer upon or give any person, corporation, or
governmental entity other than the Parties any right, remedy or claim under or by reason of
this Agreement or any provisions or conditions hereof, and all the provisions,
representations, covenants, and conditions herein contained shall inure to the sole benefit of
6
AGENDA ITEM# 7A
APRIL 27,2015
EXHIBIT A
ORDINANCE 12-15-4
and shall be binding upon the Parties, and their respective representatives, successors and
assigns.
SECTION 15. AUTHORITY. The Parties each represent and warrant to the other
its respective authority to enter into this Agreement, and acknowledge the validity and
enforceability of this Agreement. The Parties hereby represent, warrant and covenant that
this Agreement constitutes a legal, valid and binding contract enforceable by the Parties in
accordance with its terms and conditions, and that the enforceability is not subject to any
impairment by the applicability of any public policy or police powers.
SECTION 16. ENTIRE AGREEMENT. This Agreement constitutes the entire
understanding of the Parties with respect to the subject matters addressed herein, and all
prior agreements, understandings, representations and statements, oral or written, are
superseded by this Agreement.
SECTION 17. GOVERNING LAW, VENUE AND JURISDICTION. The laws of
the State of Florida shall govern this Agreement. Venue shall be in Duval County, Florida.
Jurisdiction shall be in the Fourth Judicial Circuit Court.
SECTION 18. SEVERABILITY. If any portion of this Agreement is declared invalid
or unenforceable, then to the extent it is possible to do so without destroying the overall intent
and effect of this Agreement, the portion deemed invalid or unenforceable shall be severed here
from and the remainder of this Agreement shall continue in full force and effect as if it were
enacted without including the portion found to be invalid or unenforceable.
7
AGENDA ITEM# 7A
APRIL 27, 2015
EXHIBIT A
ORDINANCE 12-15-4
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on
behalf of the respective Party set forth below, pursuant to the authority granted to each of the
undersigned in the ordinance by which each party approved and adopted this Agreement.
Witness
Witness
Form Approved:
Office of General Counsel
Witness
Witness
8
CITY OF JACKSONVILLE
Alvin Brown, Mayor
Attest: Corporate Secretary
James R. McCain, Jr.
CITY OF ATLANTIC BEACH
Carolyn Woods, Mayor
Attest: City Clerk
N.1201:l\13·1M • .W.,
AGENDA ITEM# 7A
APRIL 27,2015
EXHIBIT A
SKETCH AND LEGAL DESCRfP710N
r OF' 2 fOR LEGAL DESCRIPTION)
SH!ET 2 OF 2
~
9
EXHIBIT A
ORDINANCE 12-15-4
AGENDA ITEM# 7A
APRIL 27, 2015
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10
EXHIBIT A
ORDINANCE 12-15-4
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Ordinance 95-15-109 (Tree Code)
Jeremy Hubsch . ./h-J
Building and Zoning Director If
AprillO, 2015
AGENDA ITEM # 7B
APRIL 27, 2015
The Atlantic Beach City Commission has tasked staff with reviewing the City's tree code and
making suggested revisions. The tree code has been workshopped several times by both the
Community Development Board and City Commission. Staff has created an ordinance based on
the outcomes of those meetings.
The major changes in the proposed code are:
• Creating a "Prohibited Species List". Trees on the Prohibited Species List are considered
to be invasive or exotic and can be removed without a tree permit or mitigation.
Additionally, no planting credit will be given to trees on the Prohibited Species List.
• Creating an "Atlantic Beach Recommended Species List". Replacement credit shall only
be given to trees on the Recommended Species List, unless approved by staff.
• Removing the "interior zone" and "exterior zone" aspect of determining when a tree is
protected. The code now states that all trees over 6" that are removed within two years
prior to or two years subsequent to construction valued at over $10,000 are protected.
• Creating a "Legacy Tree List". Legacy trees are trees that are considered the most
desirable species in Atlantic Beach that are over 20" (other than Coastal Oaks at 8"). As
proposed, the code requires a tree removal permit any time a Legacy Tree is removed.
Mitigation is the same rate as other protected trees at 1 :2. As proposed, Legacy Trees
shall only be given mitigation credit when replaced by other species on the Legacy Tree
List. However, they do not have to be the exact same species, nor do they have to meet
the size requirements of an established Legacy Tree. The code also requires that at least
25% of required mitigation for Legacy Trees be provided on site in the form of
replacement. Finally, incentive credit can be given to prope1iy owners who plant Legacy
Trees when replacing protected trees that are not on the Legacy Tree List. The incentive
credit is two times the normal replacement credit.
• Giving replacement credit to palms when they are replacing trees other than oaks or
legacy trees. The maximum replacement credit for palms when replacing non-palms is
either 40 inches or 50% of required mitigation, whichever is less. Replacement credit is
limited to only palms on the recommended species list.
AGENDA ITEM # 7B
APRIL 27, 2015
• Allowing a property owner to get replacement credit for plantings on an immediately
adjacent neighbor's property. This shall only be allowed as a last resmi to payment into
the tree fund. The burden of proof would be on the prope1iy owner to show that they
cannot accommodate required trees on their property.
• Creation of a waiver if an applicant is unable to meet a specific provision of the code. A
waiver must be approved by the City Commission.
BUDGET: None.
RECOMMENDATION: Approve Ordinance 9 5-15-109
ATTACHMENTS: Ordinance 95-15-109
REVIEWED BY CITY MANAGER:
ORDINANCE NO. 95-15-109
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 23, ARTICLES II AND
III OF THE CODE OF ORDINANCES, PROTECTION OF
TREES AND NATIVE VEGETATION, TO AMEND
SECTION 23-8 DEFINITIONS OF: ATLANTIC BEACH
PROHIBITED SPECIES LIST, ATLANTIC BEACH
RECOMMENDED SPECIES LIST, EXTERIOR ZONE,
INTERIOR ZONE, LEGACY TREE, REGULATED TREE,
WAIVER; AMENDING SECTION 23-21 TO REQUIRE
PERMIT WHEN A LEGACY TREE IS REMOVED;
CHANGING CONSTRUCTION EXEMPTION FROM SIX
(6) MONTHS TO TWO (2) YEARS IN SECTION 23-22;
ADDING A NEW FEE FOR SINGLE TREE REMOVAL OF
LEGACY TREES TO SECTION 23-26; REVISING THE
MITIGATION TABLE IN SECTION 23-33 TO REMOVE
INTERIOR AND EXTERIOR ZONES, CREATING A
RECOMMENDED TREE SPECIES LIST, REVISING THE
TREE SELECTION CRITERIA; ADDING THE ATLANTIC
BEACH PROHIBITED SPECIES LIST TO SECTION 23-35;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
AGENDA ITEM # 78
APRIL 27, 2015
WHEREAS, the City Commission of the City of Atlantic Beach, Florida seeks to
strengthen the Atlantic Beach Tree Canopy, the City finds that it is necessary to amend Chapter
23, Articles II and III of the Atlantic Beach Code of Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Section 23, Articles II and III of the Code of
Ordinances, specifically the Protection of Trees and Native Vegetation, Sections 23-8, 23-21, 23-
22, 23-26, 23-33, 23-35 of the City of Atlantic Beach, Florida, are hereby amended to read as
follows:
ORDINANCE NO. 95-15-109
Page 1 of 18
Sec. 23-8.-Definitions.
AGENDA ITEM# 7B
APRIL 27, 2015
For purposes of this chapter, the following terms shall have the meanings as set forth within
this section, and where interpretation is required, shall be interpreted so as to give these terms the
meaning they have in common usage. Where applicable and appropriate to the context,
definitions as set forth within chapter 24, Land Development Regulations, of this Municipal
Code, Florida State Building Codes or within Florida Statutes, as these may be amended, shall be
used in conjunction with these terms and the requirements of this chapter.
Administrator shall mean the representative of the city as designated by the city manager to
oversee administration of this chapter.
Adverse site conditions shall mean existing site conditions that unfavorably affect the
implementation of the provisions of this chapter and that hinder plant viability and growth.
Examples include, but are not limited to:
(1) Existing topographic elevation changes that would result in the likelihood that
preserved or planted materials would not survive.
(2) Existing areas of buried solid waste at a depth that would affect viability of preserved or
planted materials.
(3) Existing electrical lines or utility easements that prevent or restrict the preservation or
planting of landscape materials.
( 4) Barrier island or dune ecosystem planting conditions that cannot support certain
hardwood species.
(5) Redevelopment sites where existing landscaping does not meet current standards and
where existing site conditions such as, but not limited to, impervious surfaces, access
locations, or building locations, prevent the site from meeting the current requirements.
(6) Sites where type or distribution of existing canopy or other protected trees are such that
preservation requirements would prohibit site development or conflict with required
development standards, such as stormwater or roadway designs.
(7) Designs and plans that do not, to the greatest extent feasible, avoid encroachment upon
preservation areas and/or trees are not considered adverse site conditions.
After-the-fact permit shall mean a permit issued after a violation has occurred for the
primary purpose of correcting the violation (if the activity would have been permittable) or for
the purpose of bringing the violator into compliance with existing regulations.
Appeal shall mean a request for the rehearing or review of a decision made pursuant to any
provision ofthis chapter.
Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal permit
as required by the provisions of this chapter.
Approval shall mean written permission in the fonn of a tree or vegetation removal permit
from the administrator pursuant to a duly executed application submitted on a form as provided
by the city, authorizing the applicant to proceed with an action as proposed within the
application. Such approval may consist of limitations or conditions specific to the project.
ORDINANCE NO. 95-15-109
Page 2 of 18
AGENDA ITEM# 7B
APRIL 27, 2015
Atlantic Beach Prohibited Species List shall consist of those invasive exotic species
recognized by the State of Florida as detrimental to the native ecosystems and included on the
Florida Noxious 'Need and Invasive Plants List. (F.A.C. 5B 57.007) shall consist of invasive
exotic species listed by the city in Section 23.35 (b). This list shall be updated on an as needed
basis.
Atlantic Beach Recommended Species List shall oonsist of those native species best adapted to
the local ecosystem and providing the most desirable characteristics to the community. Shall
consist of species that are best adapted to the local ecosystem, which may provide the most
desirable characteristics to the community. Replacement credit may only be given for trees on
the Recommended Species list in Section 23-33 (f).(l).(t).
Buildable area shall mean the area of a site, parcel or lot, excluding any area which is not
eligible for the issuance of a building permit by the city, such as building setback areas, shoreline
protection buffers, coastal construction setback areas, wetlands and other similar areas required
pursuant to the applicable provisions of this chapter and the land development regulations.
Caliper shall mean the diameter of a tree trunk measured at a point six ( 6) inches above the
existing grade or proposed grade for trees four ( 4) inches in trunk diameter and under, and
twelve (12) inches above the existing grade or proposed planted grade for trees larger than four
(4) inches in trunk diameter. Caliper measurement is used in reference to nursery stock for new
plantings.
Canopy shall mean the horizontal extension of a tree's branches in all directions from its
trunk.
Certified arborist shall mean any person holding a valid and current arborist certification as
issued by the International Society of Arboriculture (ISA).
City shall mean the City of Atlantic Beach.
Clear trunk shall mean the height of a palm tree measured from the ground to the point
where the lowest green frond is attached to the trunk.
Coastal dune vegetation shall mean the naturally-occurring, salt-tolerant native species of
grasses, shrubs, vines and trees that stabilize the dunes by holding existing sand and that serve to
repair the dunes of damage inflicted by either natural phenomena or human impact by trapping
wind-blown sand.
Community forest shall mean the collection of trees in and around the City including park
and street yard trees on public property, and yard trees on private property.
Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the
branches, leaves, flowers, and fruit that grow above ground.
Developed area shall mean that portion of a site upon which any building, structure,
pavement, or stormwater facility is placed.
Development or development activity shall mean any alteration of the natural environment
which requires the approval of a development or site plan and issuance of a development permit;
shall also include the "thinning" or removal of trees from an undeveloped land, including that
carried on in conjunction with a forest management program, and the removal of trees incidental
ORDINANCE NO. 95-15-109
Page 3 of 18
AGENDA ITEM # 7B
APRIL 27, 2015
to the development of land or to the marketing of land for development and shall also include
activities defined as development with section 24-17 of this Code of Ordinances.
Diameter at breast height (DBH) shall mean the outside bark diameter of a tree measured at
a height of fifty-four (54) inches above the naturally occurring ground level. Trees with gross
abnormalities or buttressing at the breast height should be measured above or immediately
adjacent to the irregularity. Trees that fork at or above breast height should be measured below
breast height and recorded as a single trunk. Trees that fork below breast height should be
recorded as separate DBH for each.
Diseased tree shall mean a tree with a sustained or progressive impairment caused by a
parasite, pest or infestation which seriously compromises the viability of the tree, in that it is
unlikely the tree will remain living and viable for a period of more than three (3) years, or the
tree causes other imminent peril to viable trees, existing structures or persons in the vicinity of
the diseased tree.
Dripline shall mean the imaginary vertical plumb line that extends downward from the tips
of the outermost tree branches and intersects with the ground.
Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be
replaced.
Excavation shall mean the act of digging, cutting or scooping soil or in any way changing
the existing grade of the land. See "Grading" also.
Excessive pruning shall mean the substantial alteration of a tree such that there is
irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or
form of a tree.
Exotic shall mean a plant species that was introduced to Florida, either purposefully or
accidentally, from a natural geographic range outside of Florida.
Exterior zone shall mean the outer area of a lot, public or private, defined by an imaginary
line drawn parallel and offset twenty (20) feet in from the front and rear property lines and seven
and one half (7~4) feet in from side property lines.
Grading shall mean the placement, removal or movement of earth by use of mechanical
equipment on a property. See "Excavation" also.
Ground cover small means a plant material which reaches an average maximum height of
not more than eighteen (18) inches at maturity.
Grubbing means the effective removal of understory vegetation from a site which does not
include the removal of any trees with DBH greater than three (3) inches.
Hardwood shall mean an angiosperm, a flowering tree or a broad-leaved tree, as
distinguished from a gymnosperm or cone-bearing tree.
Hazard or hazardous shall mean a danger or risk of bodily injury or property damage.
Indigenous shall mean a plant species naturally occurring within a specific habitat or
biogeographical region prior to significant human impacts. See "Native" also.
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Interior zone shall mean the inner area of a lot, public or private, defined by an imaginary
line drawn parallel and offset twenty (20) feet in from the front and rear property lines and seven
and one half (7t4) in feet from side property lines. This area is also referred to as the "buildable
~
Invasive exotic plant shall mean an exotic plant species that has escaped cultivation,
naturalized, and established in a natural area allowing it to aggressively expand and reproduce on
its own, and subsequently, alter native plant communities by out-competing for resources such as
light, nutrients, water and space, killing native species, or otherwise adversely affecting natural
ecosystems. Invasive exotic plants are those plants recognized on the Florida Noxious Weed and
Invasive Plants List (F.A.C. SB-57.007) or listed on the Atlantic Beach Prohibited Species List.
Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass,
and ground cover; landscape water features; and nonliving durable material commonly used in
landscaping, including rocks, pebbles, sand, and brick pavers, but excluding impervious surfaces
(pavement).
Legacy Tree shall mean a tree that is of the most desirable species in Atlantic Beach, and is
of a size substantial enough to warrant an additional layer of protection. A permit is required any
time a Legacy Tree is removed in Atlantic Beach. Mitigation shall be the same rate for Legacy
Trees as it is for other protected trees.
Mitigation shall mean prorated payment for trees removed, either in terms of replacement
trees (newly planted or relocated), or alternatively, deposit of a cash equivalent value in the tree
conservation trust fund.
Native shall mean a plant species occurring within the city boundaries prior to European
contact according to the best available scientific and historical documentation. More specifically,
it includes those species understood as indigenous, occurring in natural associations in habitats
that existed prior to significant human impacts and alterations of the landscape.
Naturalized exotic shall mean an exotic species that sustains itself outside cultivation.
Nondevelopment activity shall mean any alteration of the natural environment which does
not require development plan approval or issuance of a building permit, but which would include
the proposed removal or destruction of any trees or vegetation regulated by this chapter.
Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody
vegetation, on public or private property which is endangering or which in any way may
endanger the public health, safety, security or usefulness of any public street, public utility line
or sidewalk; also, any tree, shrub, bush, grass or ground cover, or other woody vegetation with
an infectious disease or insect problem.
Offsite shall mean any location outside the boundaries of the project site.
Onsite shall mean any location within the boundaries of the project site.
Person shall mean any landowner, lessee, building contractor, developer or other entity
involved in the use of real property, including agents, employees, independent contractors,
whether persons, firms, associations, corporations, partnerships, joint ventures, estates, trusts,
business trusts, syndicates, fiduciaries, governmental bodies, agencies or officials.
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AGENDA ITEM# 7B
APRIL 27, 2015
Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that
causes any damage, abnormal growth or mortality of any tree, shrub, bush, grass or ground
cover, or woody vegetation.
Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in
order to increase usefulness, beauty and vigor.
Pruning standard shall mean the following: American National Standard Institute, Standard
for Tree Care Operations-Tree, Shrub and Other Woody Plant Maintenance-Standard
Practices (ANSI A300, current edition); American National Standard Institute, Safety Standards
for Tree Care Operators (ANSI Zl33.1, current edition); National Arborist Association Pruning
Standards for Shade Trees (current edition).
Qualified professional shall mean a person who possesses, in addition to skill, a special
registration, certification, or knowledge which is obtained by formal education and training, and
which is inherently or legally necessary to render him or her capable, competent, and eligible to
perform the particular responsibilities called for.
Regulated tree shall mean any tree as follows:
(1) Private regulated tree shall mean any tree on private property, except those species
listed on the Florida Noxious 'Need and Invasive Plant List (current edition) Atlantic
Beach Prohibited Species List, meeting the following conditions:
a. A DBH of six (6) inches or more on residentially zoned property that will be
removed two (2) years prior to or two (2) years subsequent to construction valued
at over $10,000 dollars , and located within the exterior zone of said private
property;
.Q. Trees defined as Legacy Trees by this chapter
b. A. DBH of hventy (20) inches or more, and located within the interior zone of said
private property, if zoned residential; or
c. A DBH of ten ( 1 0) inches or more, and located 'vVithin the interior zone of said
private property, if zoned nonresidential.
(2) Public regulated tree shall mean any tree on public property, except those species listed
on the Florida Noxious \Veed and Invasive Plant List (current edition) Atlantic Beach
Prohibited Species List, meeting the following conditions:
a. A DBH of six (6) inches or more, and located vlithin the exterior zone of said
public property; or
b. l"~ DBH of ten (10) inches or more, and located vlithin the interior zone of said
public property.
(3) Heritage tree shall mean any tree determined by the city commission to be of unique or
intrinsic value due to its age, size, species and/or cultural, ecological or historical
significance or some other contribution to the city's character, specifically including all
Cypress, Live Oak and Magnolia trees with a DBH of thirty (30) inches or greater and
in good condition, as determined by a recognized knowledgeable person or qualified
professional; also, any tree designated as a Florida State Champion, United States
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AGENDA ITEM# 7B
APRIL 27, 2015
Champion, or World Champion by the American Forestry Association. Heritage trees
may be located within parks, on street yards, or other public property. On private
property, heritage trees are voluntarily nominated by the property owner. The city
administrator shall keep a record of all heritage trees so designated and their location.
Regulated vegetation shall mean vegetation located within any area designated as an
"environmentally sensitive area," as defined by the city of Atlantic Beach Comprehensive Plan
including, but not limited to, all wetlands, all beach and dune areas seaward of the coastal
construction control line, and all areas designated as conservation on the future land use map.
Shade tree shall mean any self-supporting woody plant of a species that is generally well-
shaped, well-branched, and well-foliated which normally grows to a minimum average height of
at least thirty-five (35) feet with a minimum average mature crown spread of at least thirty (30)
feet, and which is commonly accepted by local horticultural and arboricultural professionals as a
species which can be expected to survive for at least fifteen (15) years in a healthy and vigorous
growing condition over a wide range of environmental conditions.
Shrub shall mean a self-supporting woody perennial plant differing from a perennial herb by
its persistent and woody stems and from a tree by its low stature and habit of branching from the
base.
Site shall mean the total area within the property boundaries of a principal parcel to be
developed, or contiguous parcels intended for development under a common scheme or plan.
Stop work order, as used in this chapter, shall mean an order from the designated
administrative official to immediately halt all vegetation and tree removal, any form of site or
soil disturbance, or other activity with potential to impact trees or vegetation regulated by this
chapter.
Street shall mean a public or private thoroughfare, which affords the principal means of
access to abutting property, including but not limited to alley, avenue, drive, lane, place, road,
street, terrace, way, or other means of ingress or egress, regardless of the term used to describe it.
Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a trunk
DBH of at least three (3) inches or more and which normally attains an overall height of at least
fifteen (15) feet, usually with one (1) main stem or trunk and many branches. Trees shall be
classified as follows:
(1) Large: Having an average mature height of fifty (50) feet or more.
(2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty
(50) feet.
(3) Small: Having an average mature height of at least fifteen (15) feet but less than thirty
(30) feet.
Tree conservation trust fund (tree fund) shall mean an account established by the city to
provide an opportunity to make equivalent value cash payment to the city in lieu of providing the
required landscape or tree stock on a site.
Tree protection plan shall mean the plan required pursuant to this chapter, identifying and
showing the location, type, size and health of existing trees, stating the ultimate disposition of the
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AGENDA ITEM# 7B
APRIL 27, 2015
trees, showing the type, size and location of any trees to be planted and setting forth measures to
protect trees before, during and after construction.
Tree protection zone shall mean the area located around the perimeter of the dripline of a
tree in which no activity such as clearing, filling, excavating, storage of materials, parking of
vehicles, or any other activity that in the opinion of the administrator may damage the tree. At
the discretion of the administrator, the tree protection zone may be reduced for trees located on
smaller lots in order to reasonably protect the tree and facilitate construction on the development
parcel.
Tree removal shall mean any act that physically removes the tree or its roots from the earth
or causes a tree to die including, but not limited to, changing the natural grade above or below
the root system or around the trunk or improper pruning where the natural form of the tree is
permanently changed and results in tree death or decline.
Tree or vegetation removal permit shall mean the written authorization issued by the city to
proceed with vegetation or tree removal in accordance with the provisions of this chapter, which
may include mitigation requirements and other terms and conditions as needed to create
consistency with this chapter. The terms permit, tree permit, vegetation removal permit or tree
removal permit may be used interchangeably as appropriate to the context.
Tree technical manual (TTM) shall mean a manual, developed and maintained by the city,
pursuant to this chapter, which contains the standards and specifications for sound arboricultural
practices, techniques and procedures to be practiced within the city.
Underbrushing shall mean the removal of understory vegetation, either by hand or with the
use of equipment, which neither disturbs the soil nor causes the destruction of any tree.
Understory vegetation shall mean assemblages of natural low-level woody, herbaceous, and
ground cover species not normally considered to be trees which exist in the area below the
canopy of the trees, including any tree that is less than three (3) inches DBH.
Vegetation shall mean any plant material including, but not limited to, trees, shrubs, vines,
herbs and grasses, including marsh grasses and any coastal dune vegetation.
Vegetation inventory shall mean a scaled drawing which delineates the location and
common and/or scientific name of vegetation upon a parcel of land, including trees greater than
three (3) inches DBH and palms with an overall height of more than eight (8) feet. If necessary, a
survey or other professionally prepared document, certified as appropriate, may be required as
part of the vegetation inventory.
Viable shall mean having the capacity to live and develop.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other
land development regulations contained within City Code, when it is demonstrated that
compliance with such provision(s) would be unreasonable, in conflict with the public interest, or
a practical impossibility. A waiver from the land development regulations may be approved by
the city commission upon showing of good cause, and upon evidence that an alternative to a
specific provision(s) of this chapter shall be provided, which conforms to the general intent and
spirit of the chapter.
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AGENDA ITEM # 7B
APRIL 27, 2015
Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd
out a desired plant.
Sec. 23-21. -Permits required by this chapter.
Unless specifically exempted within following section 23-22, permits are required for removal of
trees on all lands and in connection '.vith all de:velopment, construction or clearing activities
within the City of Atlantic Beach, which shall include the following:
(1) New development on any previously undeveloped lands, or redevelopment on any
vacant land where structures may have been fully or partially cleared.
(2) Major development on all existing developed sites having any structure or vehicle use
areas where additions, renovations, upgrades or site changes are intended or anticipated
within a eE:e two-year period of time when any such activity is valued at ten thousand
dollars ($1 0,000.00) or more. Where value is in question, determination shall be made
by the building official.
(3) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land,
regardless of whether any future development is intended or anticipated; it being the
intent of the city that no parcel, site or lands be indiscriminately or unnecessarily
cleared of regulated trees and regulated vegetation unless mitigation or replacement as
required by this chapter is provided .
.(il Removal of any tree on the Atlantic Beach Legacy Tree List.
Sec. 23-22. -Exemptions from the requirement for a permit.
The following activities shall be exempt from the requirements to apply for and receive a
tree or vegetation removal permit, except that none of these exemptions shall be construed to
apply to any coastal dune vegetation seaward of the coastal construction control line or to
heritage trees. Such vegetation and trees shall be fully subject to the provisions of this chapter
and any state permitting requirements applying to the coastal zone. All other development
activity as described in preceding section 23-21 involving the removal of regulated trees and
regulated vegetation shall require issuance of a tree removal permit.
The person(s) claiming any exemption shall have the burden of proving entitlement to such
exemption. The administrator may require consultation with or documentation from a certified
arborist or other qualified professional to verify certain conditions.
(1) No development activity or minor development activity on previously developed sites.
Minor development activity involves any new construction, exterior additions,
renovations or upgrades that are valued at less than ten thousand dollars ($10,000.00.)
For the purpose of determining whether this exemption does or does not apply, the
administrator shall consider the cumulative valuation of all permits issued six (6)
months two (2) years prior and six (6) months two (2) years subsequent to the tree
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AGENDA ITEM# 7B
APRIL 27, 2015
removal. If such permits collectively exceed the stated threshold, an after-the-fact
permit and mitigation shall be required.
(2) Emergency situation. The removal of trees destroyed or severely damaged during or
immediately following an emergency (i.e., hurricane, tropical storm, tornado, flood or
any other act of nature) shall be granted an exemption when the administrator
determines that permitting requirements will hamper private or public work to restore
order to the city.
(3) Safety hazard. The removal of trees that pose imminent danger to the public health,
safety and general welfare shall be granted an exemption upon inspection and
determination by the administrator that immediate removal without delay is required.
(4) Diseased or pest-infested trees. the removal of diseased or pest-infested trees shall be
granted an exemption upon inspection and determination by the administrator that
removal is needed for the purpose of preventing the spread of disease or pests.
(5) Noxious invasive trees. The removal of invasive or nuisance trees, as currently listed by
the Florida Department of Agriculture and Consumer Services (FDACS), Florida
Department of Environmental Protection (FDEP), the Florida Exotic Pest Plant Council
(FEPPC), The Atlantic Beach Prohibited Species List, or some other recognized
authority, shall be granted an exemption upon inspection and verification by the
administrator.
(6) Utility operations. The pruning and/or removal of trees or understory vegetation by duly
authorized communication, water, sewer, electrical or other utility companies or federal,
state, county or city agencies, or engineers or surveyors working under a contract with
such utility companies or agencies, shall be exempt, provided the removal is limited to
those areas necessary for the maintenance of existing lines or facilities or for the
construction of new lines or facilities in furtherance of providing utility service to its
customers, and provided further that the activity is conducted so as to avoid unnecessary
removal and, in the case of aerial electrical utility lines, is not greater than that specified
by the National Electrical Safety Codes as necessary to achieve safe electrical
clearances. Notwithstanding this exemption, any such entity shall provide adequate
prior notice to the city before commencing such work.
(7) Surveyors/engineers. The pruning of trees and/or removal or understory vegetation by a
Florida-licensed land surveyor or engineer in order to provide physical access or view
necessary to conduct a survey or site examination for the performance of professional
duties related to land surveying, soil percolation and/or soil bore tests shall be exempt
provided that such alteration is limited to a swath of ten (1 0) feet or less in width.
However, land clearing for surveys shall not authorize the removal of regulated trees or
regulated vegetation.
(8) City crews. The city shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within public rights-of-way, within any utility or drainage easements
or within the illumination areas of street lights, and other public lands as may be
necessary, and shall not be subject to mitigation assessment. The city shall not have the
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AGENDA ITEM # 7B
APRIL 27, 2015
responsibility to maintain, prune or remove any damaged, dead or diseased trees on any
private property within the city.
Sec. 23-26. -Fees.
(a) Application fees. The city commission hereby establishes the following fees related to the
administrative costs of carrying out the requirements of this chapter. These fees shall be
payable to the city at any time an application is submitted for approval, amendment, or
extension of a permit required by this chapter, or when a final action or decision by the
administrator is appealed. Applications for tree and vegetation removal related requests shall
not be considered as complete applications until such time as required fees have been paid in
full.
(1) Tree and vegetation removal permit application. The tree and vegetation removal permit
application fee shall cover the processing and review of the application as well as one
(1) initial inspection, one (1) protective barricade inspection, one (1) final inspection
and one (1) maintenance inspection per year. Any additional inspections required due to
inadequate site preparation or reports of violation of the provisions of this chapter will
be charged a reinspection fee as provided below:
a. Single-or two-family residential uses (per lot) ..... $ 125.00
b. Single removal of Legacy Tree ..... $25
c. Multifamily residential uses .... .250.00
d. Commercial or industrial uses ..... 250.00
e. Institutional and any other uses .... .250.00
(2) Minor amendments ..... 50.00
(3) Extensions ..... 50.00
(4) Appeals ..... 125.00
(b) Reinspection fees ...... 50.00
(c) Research or extensive time fees (per hour) ...... 50.00
Sec. 23-33.-Mitigation to be assessed.
(a) Mitigation required. Unless mitigation in the form of payment into the tree conservation
trust fund has been approved in accordance with section 23-37, mitigation in the form of tree
replacement, relocation or preservation shall be required to offset any impacts resulting from
the removal of regulated trees as a condition of the tree or vegetation removal permit.
Replacement or relocation shall be the preferred methods of mitigation.
(b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given
in the following table, such that the number of inches required to be replaced, relocated or
preserved (first number) are proportional to the number the inches removed (second
number):
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TABLE 1. STANDARD MITIGATION ASSESSMENT
AGENDA ITEM # 7B
APRIL 27,2015
CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE
Exterior Heritage
Private parcels -l4 1:1
Public parcels hl 2:1
Public rights-of-way, easements, etc. ~ 3:1
Environmentally sensitive areas ~ 3:1
Historic corridor ~ 3:1
(c) General conditions. Mitigation shall be in the form of preservation of existing trees,
relocation of existing trees that would otherwise be removed, or replacement with new trees,
and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or
other final approval, whichever time is shorter, unless a greater period is provided for good
cause by the permit. The applicant assumes all duties and costs associated with mitigation.
(d) Tree preservation. Existing onsite trees that are three (3) inches DBH or greater and which
are neither protected nor transplanted may be utilized as credit towards the assessed
mitigation, subject to the other conditions stated in this section, if preserved onsite.
(e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater and that would
otherwise be removed from the site because of development may be utilized as credit
towards the assessed mitigation, subject to the other conditions stated in this section, if
relocated onsite.
(f) Tree replacement.
(1) Replacement size. New replacement trees shall be a minimum of the same quality of
"Florida Number One", as defined in the most current edition of the Grades and
Standards for Nursery Plants, published by the Florida Department of Agriculture and
Consumer Services, Division of Plant Industry.
a. Oaks shall have a minimum four-inch caliper and twelve-foot height at time of
installation.
b. All other new replacement trees shall have a minimum two-inch caliper and ten-
foot height at time of installation.
c. Palms shall have a minimum clear trunk height of eight (8) feet at time of
installation.
d. New replacement shade trees shall be of a species typically yielding an average
mature crown spread of no less than thirty (30) feet in Northeast Florida and shall
be chosen from the Atlantic Beach Recommended Species List, maintained and
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AGENDA ITEM# 7B
APRIL 27, 2015
published by the city. Upon approval of the administrator, alternate species not
appearing on the recommended list may be utilized, but in no case shall trees from
the Atlantic Beach Prohibited Species List, also maintained and published by the
city, be utilized for mitigation credit.
e. In the event that a property cannot reasonably accommodate required mitigation on
site, the property owner can get replacement credit for planting trees on an
immediately adjacent neighbor's property. This shall only be done as an alternative
to payment into the tree fund when it can be proven that a site cannot fit required
replacement plantings. A signed letter from the neighbor shall be attached with the
tree permit application.
f. Atlantic Beach Recommended Species List: replacement trees shall selected from the
following list. This list was created based on hardiness, disease and pest resistance,
availability, and size variance. No mitigation credit will be approved for trees that
are not on this list, unless approved by the administrator.
CITY OF ATLANTIC BEACH
RECOMENDED TREE LIST
ORDINANCE NO. 95-15-109
Page 13 of18
Magnolia virginiana
Acer barbatum
Oak, Live
Sugarberry
Sweet gum
Sycamore
Tupelo
Common Name
Common Name
Holly, East Palatka
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Page 14 of 18
Acer rubrum
Quercus virginiana
Quercus shumardii
Quercus michauxii
Pinustaeda
Pinus palustris
Pinus elliottii
Nyssa sylvatica
Botanical Name
Sabal palmetto
Washingtonia robusta
Ilex opaca
Ilex cassine
Ilex attenuata
Ilex vomitoria
AGENDA ITEM # 7B
APRIL 27, 2015
Oak, Myrtle
Privet, Glossy
(2) Selection criteria.
Quercus myrtifolia
Quercus geminata
Nerium oleander
AGENDA ITEM# 78
APRIL 27, 2015
a. New oaks shall be used to replace removed oaks. Replacement credit for oaks shall
be limited to the species listed on the Atlantic Beach Recommended Species List.
Upon approval of the administrator, hardwood species yielding similar canopy may
be used to mitigate removed oaks.
b. New palms may be used only to replace removed palms. Upon approval of the
administrator, a eluster of three (3) palms, subject to the other conditions of this
section, may be used to meet the requirements of a single shade tree.
New palms may be used as replacement trees when replacing species other than
palms, Replacement credit for palms shall be limited to forty ( 40) inches or 50% of
required mitigation, whichever is lesser. Replacement credit for palms shall be
limited to the species listed on the Atlantic Beach Recommended Species List.
Upon approval of the administrator, a cluster of three (3) palms, subject to the other
conditions of this section, may be used to meet the requirements of a single shade
tree.
c. When a Legacy Tree is removed, replacement credit shall only be given for the
planting of a species that is on the Legacy Tree List. This shall not be limited to the
exact same species, nor shall the new tree have to meet the size requirements of an
established Legacy Tree. When a Legacy Tree is removed, at least 25% of mitigation
shall be provided on site in the form of replacement. Incentive credit shall be granted
for the use of Legacy Trees when replacing protected trees that are not on the Legacy
Tree lost. The incentive credit is equal to two times the normal replacement credit.
The following species are Legacy Trees:
(1). Bald Cypress (Taxodium distichum) twenty (20) inches in diameter or greater.
(2). Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar)
twenty (20) inches in diameter or greater
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AGENDA ITEM# 7B
APRIL 27, 2015
(3.) Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm), twenty
(20) inches in diameter or greater.
(4).0ak (Quercus virginiana) (Live Oak) twenty (20) inches in diameter or greater and
(Quercus geminata) (Sand Live Oak) eight (8) inches in diameter or greater.
(5).Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut
Hickory) twenty (20) inches in dimater or greater.
(6). Loblolly bay (Gordania lasianthus) twenty (20) inches in diameter or greater.
(7). Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana
(Sweetbay Magnolia) twenty (20) inches in dimater or greater.
(8). Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple) twenty Gill.
inches in diameter or greater.
(9). Tupelo (Nyssa sylvatica) twenty (20) inches in diameter or greater.
Sec. 23-35. -Elimination ofundesirable species.
a. The natural vegetative communities existing within the city shall be protected by the control
and elimination of non-native invasive species. To that end, the following guidelines shall apply:
(1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted
for mitigation credit.
(2) Removal of nonnative invasive species from nonresidential properties (excluding
jurisdictional wetlands), shall be completed, whenever practicable, as a requirement for
approval of any development permit issued by the city or the issuance of a certificate of
occupancy if applicable.
(3) Procedures for the control and elimination of non-native invasive species shall in no
way promote the proliferation of the species through the dispersal of seed or other
means.
(4) Procedures for the control and elimination of non-native invasive species shall in no
way harm or cause the decline of desirable species that are to be preserved, planted or
relocated.
b. Atlantic Beach Prohibited Species List. The following species or sub-species of trees are
not protected trees under this chapter, and are exempt from mitigation. The trees on this
list shall not be accepted for replacement or relocation credit.
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Page 16 of 18
Bischofia
Chinese tallow
Guava
Woman's tongue
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AGENDA ITEM # 7B
APRIL 27, 2015
AGENDA ITEM# 78
APRIL 27, 2015
SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of
any other ordinance, then the provisions of this ordinance shall govern.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this 27th day of April 2015.
PASSED by the City Commission on second and final reading this 11th day of
May2015.
ATTEST:
DONNA L. BARTLE
City Clerk
CAROLYN WOODS
Mayor, Presiding Officer
Approved as to form and correctness:
RICHARD KOMANDO
City Attorney
ORDINANCE NO. 95-15-109
Page 18 of 18
ORDINANCE NO. 5-15-62
AN ORDINANCE Olr THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 14, ARTICLE 11 ,
SECTIONS 14-17 AND 14-23 OF THE CODE OF
ORDINANCES, ADDING TWO APPOINTED ALTERNATE
MEMBERS TO THE COMMUNITY DEVELOPMENT
BOARD; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND J>ROVIDING AN EFFECTIVE
DATE.
AGENDA ITEM #7C
APRIL 27,2015
WHEREAS, the Ci ty Co mmi ss ion of th e Cit y of Atlan tic Beach , Flor ida , de s ires to
amend Chapte r 14, Article II , Section s 14-17 and 14-23 of the Atlantic Beach Code of
Ordinances in order to all ow in creased c iti ze n participation on th e Ci ty s Co mmunity
Development Board; and
WHEREAS. the City Co mmi ss ion of th e City of At lantic Beach, Florid a, finds that the
adop tion of thi s ordinance is in th e best intere st of Atlant ic Beach. Florida and it s citi ze ns.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Adoption and Incorporation of Recitals. The City Comm issio n or th e Cit y
of At la nti c Beach , Florid a adopts the recitals outl i ned above and incorpo rates them herein as a
part of thi s ordinan ce .
SECTION 2. Code Amended. The Cit y Com mi ss ion of the Ci ty of Atlantic Beach,
Fl o rid a hereby amends the Code of Ord inances of the C it y of Atlantic Beach , Plorida as fo llows:
Sec. 14-l 7. -Com posi tion ; q uaiHi ca tion s of members; ofti.cers.
The community deve lopment board shall consist of seven (7)
memb ers and two (2) a lterna te members appo inted by th e ci ty
co mmi ss ion . none of whom sha ll hold any other pub li c office or
position in the c ity, all of whom shall be bonafide residents of th e
city, and where practical, each shall possess some special sk ill or
know ledge which wo uld assis t them in th e discharge of the ir
responsibilities under this mticle. Alternate members shall be
allowed to vote and pm1icipate in CDB business subject to the
requirements of this section and when called upon by the Chair to
pm1icipate in order to ensure a quorum. The community
development board shall elect its chailman and vice chairman from
among the appointed members. The community development
director shall act as secretary to the board under the direction of the
city manager.
AGENDA ITEM# 7C
APRIL 27,2015
SECTION 3. Conflict. If any pm1ion of this ordinance is in conflict with any pm1ion of
any other ordinance, then the provisions of this ordinance shall govern.
SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this __ day of ______ _
2015.
PASS ED AND DULY ADOPTED with a quorum present and voting, by the City
Commissioner this __ day of _______ , 2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
CAROLYN WOODS,
Mayor, Presiding Officer
ORDINANCE NO. 33-15-19
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, PROPOSING A NEW CHARTER WHICH
AMENDS AND REPEALS ALL FORMER CHARTER
PROVISIONS, INCLUDING THE FORM OF
GOVERNMENT, POWERS, THE COMMISSION, THE
CITY MANAGER, THE CITY CLERK, THE CITY
ATTORNEY, PUBLIC SAFETY, BUDGET, FINANCE,
ELECTIONS, INITIATIVE AND REFERENDUM, RECALL
ELECTIONS, FRANCHISES, TAX ADMINISTRATION,
ZONING, MUNICIPAL BORROWING, SUITS AGAINST
THE CITY, GENERAL AND MISCELLANEOUS
PROVISIONS, WHEN ACT TAKES EFFECT AND
PERIODIC REVIEW; SUBMITTING THE NEW CHARTER
FOR CONSIDERATION BY THE ELECTORS OF THE
CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING
THE APPEARANCE OF THE CHARTER AMENDMENT
ON THE BALLOT; PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM # 7D
APRIL 27, 2015
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from its citizens
and the Chmier Review Committee, finds the proposed amended City Chmier as attached to this
Ordinance should be submitted to the qualified electors of the City of Atlantic Beach for
consideration; and
WHEREAS, the City of Atlantic Beach appreciates the diligent efforts of the Charter
Review Committee comprised of: Don Wolfson, Mark Tomaski, Mike Bomo, Katherine
Carithers, Joan Carver, Sally Clemens, Thomas Goodrich, Judith Leroux and David Vincent; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that the
adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Charter Proposed. The City Commission of the City of Atlantic Beach,
Florida hereby proposes a new and amended City Charter as set f01ih in Exhibit "A", attached
AGENDA ITEM# 7D
APRIL 27, 2015
hereto and incorporated herein by reference, which if approved by the qualified electors of the
City, would repeal and replace all fmmer Charter provisions.
SECTION 2. Submission of Chmier Amendment to Public Referendum. This new and
amended Chmier of the City of Atlantic Beach, Florida as set forth in the attached Exhibit "A"
shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
SECTION 3. Appearance of Chmier Amendment on Ballot. The ballot title to be used
m said election shall be as follows: "A PROPOSED CHARTER FOR THE CITY OF
ATLANTIC BEACH, FLORIDA." The explanatory statement shall be as follows: "Based upon
the recommendations of the Atlantic Beach Charter Review Committee and the City
Commission, a new and amended Chmier is being proposed for the City." Below the
explanatory statement shall appear the following question:
Shall the above described new and amended Charter be adopted?
YES NO ------
SECTION 4. Effective Date. This new and amended Charter of the City of Atlantic
Beach shall become effective upon approval by the electors of the City and shall be filed with the
Florida Department of State as required by law.
PAS SED by the City Commission on first reading this __ day of ______ _
2015.
PAS SED with a quorum present and voting, by the City Commission this __ day of
------' 2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
Approved as to fmm and correctness:
RICHARD KOMANDO,
City Attorney
CAROLYN WOODS,
Mayor, Presiding Officer
PART I CHARTER
AGENDA ITEM # 7 0
APRIL27, 2015
A NEW CHARTER FOR THE CITY OF ATLANTIC BEACH, IN DUVAL COUNTY ,
PROVID IN G FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION ,
POWERS, PRIVILEGES AND IMMUNITIES, WH ICH ABOLISHES THE PRESENT
CHARTER OF THE CITY OF ATLANTIC BEACH .
ARTICLE I. -INCORPORATION; FORM OF GOVERNMENT; POWERS
ARTICLE II .-THE COMMISSION
ARTICLE Ill .-THE CITY MANAGER
ARTICLE IV.-THE C ITY CLERK
ARTICLE V .-CITY ATTORNEY
ARTICLE VI.-DEPARTMENT OF PUBLIC SAFETY
ARTICLE VII .-BUDGET
ARTICLE VIII.-DEPARTMENT OF FINANCE
ARTICLE IX. -ELECTIONS
ARTICLE X .-INITIATIVE AND REFERENDUM
ARTICLE XI . -RECALL ELECTIONS
ARTICLE XII .-FRANCHISES
ARTICLE X III.-TAX ADM INISTRATION
ARTICLE XIV.-ZON IN G
ARTICLE XV.-MUNICIPAL BORROWIN G
ARTICLE XVI.-SUITS AGAIN ST THE CITY
ARTICLE XVII .-GENERAL AND MISCELLANEOUS PROVISIONS I ARTICLE XVIII.-WH E N ACT TAKES EFFECT AND PERIODIC REVIEW
Word s stri cl<en ar e d el etions; words underlin ed ar e add itions.
Pag e 1 of 23
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS
AGENDA ITEM #?O
APRIL 27, 2015
Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter
established.
Sec. 2 . Reaffirmation of the incorporation of City of Atlantic Beach .
Sec. 3. Form of government.
Sec. 4. General powers.
Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter
established.
The prese nt Charter of the City of Atlantic Beach in Duval County, Florida, is hereby
abolished; and the new Charter, as hereinafter set forth , is hereby established.
Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach.
The establishment of a mun ic ipal corporation, known and designated as th e City of
Atlantic Beach, organized and constituted in the County of Duval and State of Florida,
by an act of the Florida Legislature in 1957, is hereby reaffirmed and its territorial
boundaries are as follows :
Beginning at a point on the beach of the Atlantic Ocean which is the intersection
of th e low water mark line of said Atlantic Ocean and an easterly prolonga tion of the
southerly boundary line of Kathryn Abby Hanna Park ; running thence weste rly along
the southerly boundary line of said Kathryn Abby Hanna Park to the easterly right-
of-way line of O ld Sherry Drive (County Road No. 551 ); running thence southerly
a lon g said easterly right-of-way lin e of Old Sherry Drive (County Road No. 551) to
the north boundary line of fractional Section 5 , Township 2 South, Range 29 East;
running thence westerly a long the northerly boundary line of said Fractional Section
5 in said Township and Range , to the eastern right -of-way line of Mayport Road
(State Road A-1-A); running thence southerly along the easterly right-of-way line of
said Mayport Road to th e north boundary line of Government Lot 15 of Section 8;
running thence easterly along the north boundary line of said Government Lot 15 to
the northwest co rn e r of th e east one-half of said Government Lot 15; running th ence
southerly along the west boundary line of the east one-half of sa id Government Lot
15 to the north boundary line of Sections 17 and 18 in said Township and Range;
running thence westerly along said north boundary line and the north boundary lin e
of Section 40 to a po int at the cente r lin e of the Intracoastal Waterway; running
thence so uth e rly a long said centerline of the In tracoastal Waterway to the
intersection of said center li ne with a line sixtee n (16) feet northerly of, measured at
right ang les from and parallel to th e centerlin e of Atlantic Bouleva rd ; running thence
easterly a long said parallel lin e and a prolongation of same to the point of
intersection of said prolongation w ith the low water mark of the Atlantic Ocean; and
running thence northerly a long said low water mark of th e Atlantic Ocean to the
point or place of begi nning; excepting from the territory hereinabove described t hat
part thereof lying in said Sections 8 and 9 occupied and u sed by Selva
MafffiaAtlantic Beach Country C lub as described in deed recorded in Volume 652,
page 484, Offic ial R ecords of Duval County; and jurisdiction of th e waters of the
Atlantic Ocean two miles from the low water mark between the north and south lin es
of said city as above described, projected easterly two miles ; and police jurisdiction
Word s striciEeA are de l etion s; words u nderlined a re addit ions .
Page 2 of 23
AGENDA ITEM# 7D
APRIL 27, 2015
for traffic control purposes over Atlantic Boulevard from the Atlantic Ocean to the
westerly limits of said city as hereinbefore described, over said Mayport Road from
the city limits as above described, northerly to the northern boundary line of said
Fractional Section 5; provided, however, that the city council of the City of
Jacksonville, Florida, acting in its capacity as the governing body of Duval County,
Florida, is hereby authorized to construct and maintain any and all streets, roads, or
highways that have at any time heretofore, been adopted as county roads by the
board of county commissioners of Duval County, Florida, as it may deem necessary
and proper for the benefit of the public.
Sec. 3. Form of government.
The municipal government provided by this Charter shall be known as
"Commission-Manager Government." Subject only to the limitations imposed by the
Constitution and laws of this state and by this Charter, all powers of the city shall be
vested in an elective commission, hereinafter referred to as "the city commission."
Sec. 4. General powers.
The city shall have all powers, governmental, corporate and proprietary, in
accordance with and including the provisions ofF .S. Chapter 166, enabling it to conduct
municipal government, perform municipal functions and render municipal services, and
may exercise any power for municipal purposes; which powers shall be limited only by
the Federal Constitution, State Constitution, general and special law and any specific
limitation in this Charter. The enumeration of particular powers shall not be deemed as
necessary as it is intended that the city shall have and exercise all powers which it
would be competent for this Charter specifically to enumerate, including all
extraterritorial powers and jurisdiction previously granted by Chapter 57-1126, Laws of
Florida as amended, or by any special or general law. The absence of such
enumeration shall not be construed as limiting; indeed, it shall be construed liberally in
favor of the city.
ARTICLE II. THE COMMISSION
Sec. 5. Number of commissioners; selection; term.
Sec. 6. Qualifications and disqualifications.
Sec. 7. Salary.
Sec. 8. Presiding officer: Mayor.
Sec. 9. Powers.
Sec. 10. Appointment of city manager.
Sec. 11. Appointment of deputy city manager or deputy city clerk.
Sec. 12. Vacancies in the city commission.
Sec. 13. Creation of new departments or offices; change of duties.
Sec. 14. Induction of city commission into office; meetings of the city commission.
Sec. 15. City commission to be judge of qualifications of its members.
Sec. 16. Rules of procedure; journal of minutes.
Sec. 17. Ordinances.
Sec. 18. Procedure for passage of ordinances and resolutions.
Sec. 19. Independent annual audit.
Words stricken are deletions; words underlined are additions.
Page 3 of 23
Sec. 20. Right of city manager and other officers in city commission.
Sec. 5. Number of commissioners; selection; term.
AGENDA ITli:M II 70
APiliL 27,2015
The city commission shall consist of five (5) electors of the City of Atlantic Beach
who have the qualifications as defined in section 6 of this Charter, e lected at large
without regard for any designation of political party affiliation. The seats sha ll be known
as seats 1 through 5 respectively, and seat 1 shall be designed as the mayor-
comm issioner. Seats 2 through 5 shall be designated as district comm issioners, with
each commissioner required to reside within the district from which he or she is e lected.
The four (4) districts sha ll be created using the precinct lines existing as of November,
2007, as a beginning point, shall be established by ordinance, shall be as equal in
population as possible , and to the extent possible shall maintain the integrity of
neighborhoods and communities of interest. The mayor-commissioner shall be elected
for two-year terms and the terms for seats 2 through 5 shall each be four years.
Effective with the municipal election in October, 1993, anyone elected or appointed to
the office of mayor-commissioner shall not serve more than four (4) consecutive two -
year terms ; and any elected or appointed to commission seats 2 through 5 shall not
serve more than two (2) consecutive four-yea r terms. Serving any part of a term s hall be
considered a full term. Nothing contained herein shall pre vent anyone who has served
as a city commissioner from being appointed or elected to the position of mayor-
commissioner and then serving in that capacity four (4) co nsecutive two-year terms .
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents of the city for at
least ooe yeartwo years immediately prior to qualifying. They shall be electors in the
city. Full -time residency shall be defined as the person's principal place of abode during
the year. Members of the city commission shal l not hold any other elective office. Any
member of the city commission ceasing to possess the foregoing qua lifications or who
shal l have been convicted of a crime punishable by more than one (1) year of
imprisonment or a crime involving moral turpitude , shall forfeit the seat prior to the next
meeting of the city commission . Absence from four consecutive regular meetings of the
city commission shall operate to vacate the seat of a member, unless the member's
absence is excused by the city commission by a re solution setting forth the fact of such
excuse duly entered upon the minutes.
Sec. 7. Salary.
The sa lary of the members of the city commission shall be set by ordinance.
Sec. 8. Presiding officer: Mayor.
The mayor-com missioner shall preside at all meetings of the city commissi on and
shall be recognized as head of the city government for all ceremonial purposes and by
the governor for all purposes of military law. When directed to do so by the city
commission the mayor-commissioner shall execute all instruments to which the city is a
party, unless otherwise provided by the Charter or by ordinance . The mayor-
commissioner sha ll have no regular admin istrative duties except as authorized in this
Charter but may appoint, from time to time , such specia l or select committees as in his
Words striel<cn are de letion s; words underlined are additions.
Page 4 of 23
AGENDA ITEM# 70
APRIL 27 ,2015
or her discretion he or she deems desirable or as may be desired by the city
commission , to expedite the handling of the business and affairs of the city . Other
members of the city commission may on occasion appoint special or se lect committees
with the approval of a majority of the commission . In th e temporary absence or disabi lity
of the mayor-commissioner, all duties of the mayor-commissioner shall be performed by
the mayor pro tempore who shall be appointed by the city sommission from Its
ffieffi9&Fs .
Sec. 9. Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the
determination of all matters of policy shall be vested in the city commission. Without
limitation of the foregoing, the city commission sha ll have power to:
(1) Adopt a budget;
(2) Authorize the issuance of bonds , revenue certificates, and other evidences of
indebtedn e ss ;
(3 ) Establish or abolish official boards and elect th e members thereof as
recommended by the mayor;
(4) Adopt and modify the officia l map of the city ;
(5) Regulate and restrict the heig ht , number of stories, and size of buildings and
other structures, the perce ntage of a lot that may be occupie d , the size of yards,
courts, and other open spaces, the density of population , and the location and
use of bui ldings, structures, and land and water for trade , industry , residence or
other purposes;
(6) Provide for an independent audit;
(7) Pass ordinances and laws for the preservation of the publ ic peace and order
and impose penalties for the vi olation thereof; provided that the maximum
penalty to be imposed shall be a fine of not more than one thousand dollars
($1,000.00) and imprisonment for a period of time not longer than ninety (90)
days . or as otherwise provjded for by Florida Statutes ;
(8) Lease golf courses, hospitals; and airports and parks, o r any portion thereof,
after the city commission has pass ed an ordinance authorizing any such lease;
(9) Sell golf courses , hospitals, airports, pa!=ks and t he public uti lity system, or any
portion thereof, now own e d by the city or hereafter acquired by it after the city
commission has passed an ordinance that: in which_@}_ there is a finding that
public welfare no longer requires th e operation of any such facility~ and f!2.Lffi
wt»ch are stated the terms of sale of real property within the city limits are
sta ted ; and &after such ordinance ha s bee n submitted to the qua lified voters
of the city at an election ca lled for that purpose ;
(1 O)Provide rules and regulations for all purchases and sales made for and in beha lf
of the city;
(11 )Appoint, remove and fix the com pensation of all officers and employees
appointed by the city commission as hereinafter provided ; the city commission
shall perform an annual performance review of the city clerk. city manager and
city attorney:
Words stricl(en are deletions; words und erlin ed are additions.
Page 5 of 23
AGENDA ITEM II 71l
APRIL 27,2015
(12)Exercise any right or autho rit y given or permitted by the Constitution and the
laws of the State of Florida to city commissions not in consistent with the
provisions of this Charter.
(13) The mayor pro tempore shall be appointed by the city commission from its
members .
(14) Provide for the protection and preservation of parks as follow : Any real property
owned by the city which is used principally or held out for use as a public park ,
shall be used only as a public park; and parks shall not be sold , leased long
term . gifted, changed in description or use, or otherwise disposed of: and no
structure shall be built in any such park to accommodate activities not
customarily associated with park use or outdoor recreation : unless such sale ,
lease disposal, gift or structure is approved by unanimous vote of the entire city
commission .
Sec. 10. Appointment of city manager.
The city comm ission shall appoint an administrative officer of the city, who sha ll
have the title of city manager, who shall have the powers and perform the duties
provided in this Charter and who shall be compensated at a rate set by the city
commission . No member of the city commiss ion shall rece ive such appointment during
the term for which the person shall have been elected , nor within two years after the
expiration of the person's term . In the event the City Manager is removed or
incapacitated and un able to appoint a substitute as req ui red i n Sec . [Section) 24 of this
Charter, the ci ty commission sha ll appoint someone to perform the duties of the city
manage r.
Sec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may request , if they deem it necessary, appoiRt a
deputy city manager and deputy city clerk , respectively , to be hired as approved by the
city commission and who shall be compensated at a rate set by the city commi ssion .
Sec. 12. Vacancies in the city commission.
If any va cancy occurs in the city commission , the city commission shall elect, within
fifteen (15) days of the vacancy, by the affirmative votes of not less than three
members , an eligible person as defined in Sec. [Section] 6 of this article to fil l the
vacancy until the next general electio n.
Sec. 13. Creation of new departments or offices; change of duties.
The city commission, by ord in ance, may create , change or abolish offices ,
departments , authorities or agencies. The city commiss ion may, by ordinance , assign
additional functions or dutie s to the offices , d epartments or agenci es estab lished by this
Charter, but may not discontinue or assign to any other office , department or agency
any function or duty assigned by this Charter to a particu lar office, department or
agency.
Word s stricl<en ar e de l etions; words und erlined are addi t ions.
Page 6 o f 23
AGENIJA ITEM 1170
APRIL 27,2015
Sec. 14. Induction of city commission into office; meetings of the city
commission.
After each primary election or general election (if needed), the newly e lected city
commissioners shall assume the duties of office at the regularly scheduled meeting of
the city commission held on the second Monday in November provided that the
Supervisor of Elections has certified the election results. If the election results for any
contested city commission seat cannot be certified prior to the meeting to be held on the
second Monday in November, then any newly elected city comm issioners shall assume
the duties of office at the next regularly scheduled meeting of the city commission
following receipt of the certified election results from the Supervisor of Elections . Until
the newly e lected city commissioners assume the duties of office, the previous sitting
city commissioners shall remain in office . All other regular meetings of the city
commission shall be fixed by ordinance, but there shall not be less than one regular
meeting each month . Except as provided by Florida's Government-in-the-Sunshine Law
(F.S . 286.011 ), all meetings of the city commission shall be open to the public.
Sec. 15. City commission to be judge of qualifications of its members.
The city commission shall be the judge of the election and the quali f ications of its
members as set forth in Section 6 of this Charter. For these purposes, the city
commission shall have the power to subpoena such witnesses and require the
production and presentation of such records as may be deemed necessary.
Sec. 16. Ru les of procedure; journal of minutes.
The City Commission sha ll determine its own rules and order of business . It shall
require a jo1:1rnal orthat minutes of its proceedings to be kept ... and the jo1:1rnal orThe
minutes shall be open and remote ly available to the public inspectionin a timely manner.
t hrough commonly accepted methods.
Sec. 17. Ordinances.
In addition to such acts of the city commission as are required by statute or by this
Charter to be by ordinance , every act of the City Commission estab lishing a fine or
other penalty, a fee for service , appropriation of funds , the contracting of indebtedness,
or the sale of real property shall be by ord inance. The enacting clause of all ordinances
sha ll be: "BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA."
Sec. 18. Procedure for passage of ordinances and resolutions.
The min imum procedures for adoption of ordinances and resolutions as set forth in
F.S . Section 166.041 shall in its entirety constitute the process for such by the Atlantic
Beach City Commission .
Sec. 19. Independent annual audit.
At the beginning of each fiscal year the city commission shall designate a certified
publi c accountant or a firm of certified public accountants who , as of the end of the fiscal
year, shall make an independent audit of accounts and other evidences of financial
Words s tricl ~eR are de l etions; words underlined are addition s.
Page 7 of 23
AGENDA ITEM# 70
APRIL27, 2015
transactions of the city government and sha ll submit a written report to the city
commission and to the city manager. Such accountants shall have no personal
interests, direct or indirect, in the fiscal affairs of the city government or of any of its
officers. They shall not maintain any accounts or records of city business, but within
specifications approved by the city commission , shall post-audit the books and
documents kept by the finance director and any separate or subordinate accounts kept
by any other office , department or agency of the city government.
Sec . 20. Right Attendance of city manager and other officers in city commission .
The city manager, and any such other officers of the city as may be designated by
vote of the city commission, shall be required to attend city commission meetings . The
city manager shall have the right to take part in the discussion of all matters coming
before the city commission, and the other officers shall be entitled to take part in all
discussions of the city commission relating to their respective offices, departments,
boards, commissions, or agencies.
ARTI CLE Ill. THE CITY MANAGER
Sec. 21. Appointment.
Sec. 22 . Qualifications.
Sec. 23. Powers and duties.
Sec. 24 . Absence of the city manager.
Sec. 25. Removal of the city manager.
Sec. 26 . City departments .
Sec. 27. Governance of departments .
Sec. 21. Appointment.
The city manager shall be appointed in accordance with the provisions of Section
10 of this Charter and shall be compensated at a rate set by the city commission.
Sec . 22 . Qualifications.
The city manager shall b e chosen by the city commission solely on the basis of
administrative qualifications and with special reference to education and experience in
and knowledge of accepte d practice with respect to the duties of this office as set forth
hereinafter and in the city code. Applicants for the position of city manager shall meet
the following educational and experience requirements:
(1) Possession of at least a baccalaureate degree preferabl y in Public
Administration or a directly re lated field from a college or university accredited
by a recognized accreditation agency in the United States or from a recognized
college or university outside of the United States, which is acceptable to the city
commission; and
(2) Not less than t.Rfeefive {5) years of administrati-.·e experience as a city ...
municipal. &F-county, or state government administrator serving in at least an
assistant department head or the equivalent in responsibility; and chief
aEimffiistrati¥e or executive e#iser or as an assistant or deput~ty-A1aAagef:
(3) A graduate degree acceptable to the city commission may be substituted for not
more than one year of the required expe rience .
Words stricl<en are deletion s; word s underlined are add i tions.
Page 8 of 23
AGENDA ITEM# 7U
AJ>RJL 27,2015
(4) Two years of aEtaitional experience acceptable te the city cemmission may be
substituted for each year of ea~:~cation towaras a baccalaureate aegreo, up to a
maximum of eight years .
At the time of appointment, the new city manager need not be a resident of the city
or state, but during the tenure ef eff1cewithin s ix (6) months the city manager shall
reside within the city of Atlantic Beach.
Sec. 23. Powers and duties.
The city manager sha ll be the chief administrative officer and as such , head the
administrative branch of the city government. The powers and duties of the city
manager shall include but not be limited to :
(1) Establish and maintain a line of communication w ith the city clerk; and
(2) Administering and enforcing all enactments of the city commission; and
(3) Preparing and forwarding agenda materia ls to the city clerk for every
commission meeting; and
(4) Preparing the budget annual ly and submitting it to the city commission, and
being responsible fo r its administration after adoption; and
(5) Preparing and submitting to the c ity commission at th e end of each fiscal ye a r ,
a complete report on the finances and administrative activities of the city for the
year just completed.
Sec. 24. Absence of the city manager.
The duties of the city manager during any temporary absence or disability shall be
carried out by a deputy city manager, or in the absence of th e latter, by another
administrative officer of the city designated f irst by the city manager or second, by a
majority of the city commission the aeputy city manager.
Sec. 25. Removal of the city manager.
The city manager shall serve at the pl easure of the city commission. The city
commission may remove the city manager by the affi rmat ive vote of not less than three
(3) of its membe rs.
(Ord . No . 28-93-3, § 1, 8-23-93)
Sec. 26. City departments.
Administrative departments as established by ordinance shall report to and serve
under the city manager.
Sec. 27. Governance of departments .
The city manager may head one or more administrative d e partment or select and
employ persons qualified in acc ordance with city personnel practices to supervise,
direct and control such departments.
ARTICLE IV. THE C ITY CLERK
Sec. 28. Appointment; duties.
Sec. 29. Qualifications.
Sec. 30 . Removal of the city clerk .
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Sec. 28. Appointment; duties.
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The city commission shall appoint an executive officer to serve the city commission
and to assu re that a ll its enactments a re effectively carried out. The title of the executive
officer shall be "city c lerk" and as such, shall be under the direction of and compensated
at a rate set by the city commission.
The duties of the city clerk shall be to :
(1) Estab lis h and maintain a line of communication with the city manager; and
(2) Prepare an agenda for every commission meeting a nd a permanent record of
each such meeting ; and
(3) Disseminate information as necessary about activities , findings, or deci sions of
the city commission ; and
(4) Provide the city commission with i'Orioeic re~9ft6 i nformation as requested
about tho of.toctivonoss and emcloncy of the legis lative programs of the city
government; and
(5) Serve as supervisor of e lection for city e lections; and
(6) Serve as custodian of all city records and the sea l of the city; and
(7) Admin ister oaths; and
(8) Conduct such other activities as may be specified by this Charter, the city code
or the ci ty commission.
Sec. 29. Qualifications.
The city clerk sha ll be chosen by the city comm1ss 1on so le ly on the basis of
education and experience necessary to carry out the responsibilities of executive officer
to the city commission.
Applicants for the position of city c lerk s h all meet the following educational and
experience requirements :
(1) At least a baccalaureate prefe rably in Business Administration or a related field
acceptable to the city commission from a college or university acc redit ed by a
recognized accreditation agency in the United States or from a recognized
college or u niversity outside of the United States which is acceptable to the city
commission; and
(2) Two years of experience in public administration satisfactory to the city
commission .
(3) In lieu of the required baccalaureate degree , the c ity commission may in its
discretion, accept four additional years of acceptable e x perience in public
administration or a re lated field of public or private service .
(Ord . No . 28-93-3, § 1, 8-23-93)
Sec. 30. Removal of the city clerk.
The city c lerk sha ll serve at the pleasure of the city commission . The c ity
comm ission may remove the city c lerk by the affirmative vote of not less than three (3)
of its members.
ARTICLE V. CITY ATTORNEY
Sec. 31 . Appointment and qualifications.
Sec. 32 . Powers and duties.
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Sec. 31 . Appointment and qualifications.
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The c ity commission shall appoint a city attorney. which may be a law firm. who
shall be an attorney with at least five years of experience in the practice of general, civil
or municipal law, admitted in and having authority to practice in all courts of this state,
and who shall be compensated at a rate set by the city commission .
Sec. 32 . Powers and duties.
The duties of the city attorney shall include:
(1) Acting as the legal advisor to, and attorney and counselor for, the city and its
officers in matters relating to their officia l duties; and
(2) Preparing in writing, all contracts, bonds and other instruments in which the city
is concerned and giving an endorsement of approval as to form and
correctness; and
(3) Prosecuting and defending for and on beha lf of the city, all civil complaints,
suits and controversies in which the city is a party; and
(4) Furn ishing opinions on questions of law relating to the powers and duties of city
officers ; and
(5) Performing such other duties as may be required by ordinance or resolution of
the city commission .
(6) The city attorney shall serve at the pleasure of the city commission . The city
commission may remove the city attorney by th e affirmative vote of not l ess
than three (3) of its members.
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
Sec. 33. Appointments and responsibilities .
Sec. 33. Appointments and respons ibilities.
T he appointment, duties , functions and other responsibilities of the director of public
safety, police department, police chief, fire department, fire chief and th e i r respective
staff members are found in the city code Chapter 2, Divisions 2 and 3 .
ARTICLE VII. BUDGET
Sec. 34. Preparation and adoption.
Sec. 34. Preparation and adoption.
Each department head shall be responsible for presenting a budget request to the
city manager by a date established by the city manager or his or her designee. The
director of finance shall provide the city manager with a preliminary estimate of
revenues and beginning fund balances for the upcoming fiscal year.
Upon receipt of all budget requests, estimated revenues and fund balances, the city
manager shall make any modifications which are determined to be reasonable and
justifiable and thereafter present the budget to the city commission .
The city commission shall review the budget as submitted by the city manager and
make such revisions as deemed necessary. A public hearing will be set to approve the
tentative budget and millage rates. A public hearing will be set for final passage of the
budget and millage rates.
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Upon fina l adoption, the budget shall be in effect for the next fiscal yea r. A copy of
the budget, as adopted, shall be filed with the city clerk .
The city shall abide by the requirements established by the Truth in Millage (TRIM)
Act.
ARTICLE VIII. DEPARTMENT OF FINANCE
Sec. 35. Director of finance .
Sec. 35. Director of finance.
The director of finance sha ll be the head of the department of finance and shall be
appointed and removed by the city manager. The qua lifications, powers and duties of
the director of finance are defined in the Code of O rdinances.
ARTICLE IX. ELECTIONS
Sec. 36 . Elections .
Sec. 37 . Nonpartisan e lections.
Sec. 38 . Electors; registration .
Sec . 39 . Nominations.
Sec . 40. Elections : Primary.
Sec . 41 . Elections : General.
Sec . 42 . Elections : Absen tee voting .
Sec . 43 . Elections: Canvassing board, duties.
Sec. 36. Elections Regulati ons .
The city commission shall, by ordinance, make all regulations which it considers
necessary, not incons istent with this Charter or state law, for the conduct of municipal
elections and for the prevention of fraud therein .
Sec. 37. Nonpartisan el ections.
All elections for the office of commissioner and mayor-commiSSione r shall be
conducted on a nonpartisan basis without any designation of political party affiliation .
Sec. 38. Electors; registration.
Any person who is qualified to register to vote and is a resident of Atlantic Beach
who has qua lified as an elector of this state, and who registers in the manner prescribed
by F.S. Chapter 98 and ordinances of Atlantic Beach , sha ll be a qual ified elector of the
municipa li ty .
Sec. 39. Nomi nations.
Any elector of the city having the additional qua lifications and limitations as set forth
in Article II , Section 6, may be nominated for a seat in the city commission . Such
nomination shall be on ly by petition . A petition for th is purpose shall be signed by not
less than ten (1 O)twentv-five (25) qualified electors of the city. The signatures on the
nominating petition need not all be subscribed on one paper. Each separate paper shall
have affi xed a signed statement of the circulator thereof stating the number of signers of
such paper and that each signature appended thereto was made in the presence of the
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circulator and is the genuine signature of the person whose name it purports to be.
Each signer, including the circulator, shall provide his/her place of residence, including
the street and number. The form of the nomination petition shall be substantially as
follows:
"We, the undersigned electors of the City of Atlantic Beach hereby nominate
______ whose residence is for the office of Commissioner,
Seat No. to be voted for at the election to be held on the
______ day of , A.D., and we individually
certify that our names appear on the rolls of registered voters, and that we are
qualified to vote for a candidate for the city commission.
Name, street, and number address from which last date of registered (if different)
signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing ;#rule;
signatures. Each signature appended thereto was made in my presence and is the
genuine signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR __
ADDRESS: II
Any signature made earlier than forty (40) days prior to the first day of qualifying
shall be void. All petitions must be filed with the city clerk no later than 10 days prior to
the qualifying period. The qualifying period will begin no later than noon on the 71 st day
(Monday) prior to the primary election and will end at noon on the 6ih day (Friday) prior
to the primary election. All other qualifying papers shall be filed as one instrument with
the city clerk during the qualifying period. The city clerk shall make a record of the exact
time at which each petition is filed, and shall take and preserve the name and address
of the person by whom it is filed. No nominating petition shall be accepted unless
accompanied by a signed acceptance of the nomination in substantially the following
form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No.
commission and agree to serve if elected.
SIGNATURE OF CANDIDATE "
on the city
Within two days after the filing of a nominating petition, the city clerk shall notify the
candidate and the person who filed the petition whether or not it is found to be signed by
the required number of qualified electors. If a petition is found insufficient, the city clerk
shall return it immediately to the person who filed it with a statement certifying wherein
the petition is found insufficient. Within the regular time for filing petitions, such a
petition may be amended and filed again as a new petition, in which case the time of the
first filing shall be disregarded in determining the validity of signatures thereon, or a
different petition may be filed for the same candidate. The petition of each person
nominated to be a member of the city commission shall be preserved by the city clerk
until the expiration of the term of office for which the candidate has been nominated.
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Sec. 40. Elections: Primary.
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A primary election for th e nominatio n of cand idates for the office of city
comm ission e r of th e city shall be held every two (2) years on the Tuesday th at is ten
(10) weeks prior to th e General E lection, for eac h seat on th e city commission whic h
sha ll b ecome va ca nt on th e second Monday in November of th e same yea r , or wh e n the
newly e lected city commissioners assume the duties office in acco rdance with Sec. 14
of this Charter. The two ca ndidates for each seat to be filled receiving the g reatest
number of votes in sa id primary s hall be certified as candidates or nominees at the
general e lection , provid ed , howev er, th at sho uld any candidate receive at s uch primary
e lection a majority of all votes cast, he or she s hall be d ecla red regu larly e lected an d
shall not be required to e nter t h e general e lection as hereinafter provided. H oweve r ,
should only one candidate be nominated for a particular seat, a n e lectio n for th at seat
will not be requi red and the unopposed ca ndidat e shall be d eclared elected to the office
of city commissioner.
Sec. 41. E lections: General.
A regula r or general election of candidates or nominees to th e office of c ity
co mmissio ne r shall be held every two (2) years o n th e first Tuesday after the first
Monday in November, unless all vacancies have been determined by th e primary
e lection in acco rdance with Section 40 of this Ch arter. The can didate or nominee
receiving th e majority of votes for each seat at s uc h general election shall be de clared
e lected . In th e event of a ti e b etween two candidates in the general election the
ca ndidates sha ll draw lots in accordance with Florida Statutes to d ete rmin e th e winner.
Sec. 42. Elections: Absentee voting .
Except as he re in specifica lly provided all elections and absentee voting in the city
sha ll b e conducted in accordance with th e provisions of F .S. Chapter 101 .
Sec. 4 3. E lections: Canvassing board, duties.
The C ity of Atla ntic Beach Can¥assing Board shall be composed of tl=le City
Attorney, City.-MaAager and City Clerkdelegates the election canvassing responsibilities
for all city elections to the Duval County Canvassing Board. In the e¥ent that any
member is una9le to serve , a replacement member shall be appointed by the remaining.
two board members. Said replacement sl=lall be a registered voter residing in Atlantic
Beacl=l . Sl=lould the City of-AtJa.A~c-Beash municipal election occur on the same day as--a
county or special e lection, the county can•Jassing boarEI will fulfill the following duties
listed in tl=lis section. The Atlantic Beach Canvassing Board ~may meet in Atlantic
Beach , or at a location as decided by the Duva l County Canvassing Board in a b ui lding
accessible to th e public to publicly ca nvass the absentee e lectors' ballots and
provisional ballots as provided for in Florida Statutes. Public notice of canvassing sha ll
be given at least 48 hours in advance in a publication of genera l c irculation in the C ity of
A t lantic Beach. The canvass s hall be made from th e returns and certi f ica tes of the
inspectors as signed a nd filed by th em. The canvass in g board s hall s ub mit to the
S upervisor of Elections the preliminary retu rn s by 11 :59 pm on e lection night. See
Fla.Stat. Chap ters 101 and 102 for a complete listing of Can va ssing Board du ties. After
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each city election . the Canvassing Board shall issue an official Certification of Election
to the city clerk. The clerk shall provide a certificate of election to the candidates
elected .
ARTICLE X. INITIATIVE AND REFERENDUM
Sec. 44. Power of initiative .
Sec . 45. Power of referendum .
Sec. 46. Form of petitions; committee of petitioners.
Sec. 47. Fi ling , examination and certification of petitions.
Sec . 48 . Amendment of petitions .
Sec. 49. Effect of certification of referendum petition .
Sec. 50. Co nsideration by city commission .
Sec. 51 . Submission to electors .
Sec. 52 . Form of ballot for initiated and referred ordinances .
Sec. 53. Availability of list of qualified electors.
Sec. 54 . Results of election .
Sec. 55 . Repealing ord in ances .
Sec. 44. Power of initiative.
The electors sha ll have the power to propose any o rdinance, except an ord inan ce
appropriating money or authorizing the levy of taxes , and to adopt or reject t he same at
th e polls, such power being known as th e initiative. Any initiated ordinance may be
submitted to the city commission by a petition signed by registered electors of the c ity
equal in number to at least twenty five per centum (26%)sixteen percent (16%) of the
registe red e lectors at the last regular municipal e lection.
Sec. 45 . Power of referendum.
Under the power known as the referendum the electors shall have power to approve
or reject at the polls any ordinance passed by the c ity commission , or submitted by the
city commission to a vote of the electo rs , except as provided in F .S . 166 Part II for bond
ordinances . Ordinances submitted to the city commission by initiative petition and
passed by the city commission without change sha ll be subject to the referendum .
Within twenty thirty (30) days after the enactment by the city commission of any
ordinance which is subject to a referendum , a petition s ign ed by registered e lectors of
the city eq u al to at least W.•enty five per centum (25%)sixteen percent {16%) of the
registered e lectors at the last preceding regular municipal e lection may be filed with the
city clerk requesting any such ordinance be eith er repealed by the city commission or
submitted to a vote of th e e lectors.
Sec. 46. Form of petitions; committee of petitioners.
All petition papers circulated for the purpose of an initiative or referendum shall be
uniform in size and style, and s h all contain the fu ll text of the proposed ordinance . The
signatures to the initiative or referendum petitions need not all be appended to one
paper. Signatures on such petitions shall be in ink and shall be followed by the
petitioner's place of residence by street and number. There shall appear on each
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petition the names and addresses of five electors who, as a committee of the
petitioners, shall be regarded as responsible for the circulation and filing of the petition.
Attached to each separate petition paper there shall be a notarized affidavit signed
by the circulator of the petition stating the number of signatures, that all signatures
appended thereto were made in the presence of the circulator, and that the circulator
believes them to be the genuine signatures of the persons whose names appear on the
petition.
Sec. 47. Filing, examination and certification of petitions.
A ll petition papers comprising an initiative or referendum petition sha ll be
assembled and filed with the city clerk as one instrument. Within tweAty thirty (30) days
after a petition is filed, the city clerk shall determine whether each page of the petition
has a proper statement of the circu lator and whether the petition is signed by a sufficient
number of qualified electors. The city c lerk shall declare any petition paper invalid which
does not have attached thereto an affidavit signed by the circulator on each page . If a
petition paper is found t o be signed by more persons than the numbers of signatures
certified by the circulator, the last signatures in excess of the number certified shall be
disregarded. If a petition paper is found to be signed by fewer persons than the number
certified , the signatures shall be accepted unless void on other grounds. After
completing the examination of the petition, the ci ty c lerk shall certify the result to the city
commission at its next regular meeting . If the city c le rk certifies th e petition is
insufficient, a certificate listing the defective items sha ll be prepared and provided to the
committee of petitioners .
Sec. 48. Amendment of petitions.
A n initiative or referendum petition may be amended within ten (1 0) days after the
certificate of insufficiency has been sent by the city clerk . An amended petition may be
filed as provided by Section 46. The city clerk shall, within five (5) days, examine the
amended petition and if the petition is still insufficient, shall file a certificate to that effect
and notify the committee of the petitioners of such findings . The finding of the
ins uffi ciency of a petition shall not prejudice the filing of a new petition .
Sec. 49. Effect of certification of referendum petition.
When a referendum petition , or an amended petition, as defined in Section 46 has
been certified as sufficient, the ordinance specified in the petition shall not go into effect
until and unless approved by the qualified registered e lectors.
Sec. 50. Consideration by city commission.
Whenever the c ity commission receives a certified initiative or referendum petition
from the city clerk, it sha ll proceed forthwith to consider such petition . A proposed
initiative ord inan ce shall be read and a public hearing s hall be held upon the proposed
ordinance. The c ity commission shall take final action on the ordinance not later than
sixty (60) days after the date on which such ordinance was submitted to the city
commission. Such final action shall be decided by at least a four-fifths affirmative vote of
the full city commission to approve, amend or deny. If such ordinance is one which is
referred for reconsideration by the city commission , it shall be brought forth for its final
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vote upon such reconsideration and the question shall be , "Shall the ordinance specified
in the referendum be repealed?" Such final action shall also be decided by at least a
four-fifths affirmative vote of the full city commission .
Sec. 51. Submission to e lectors .
If the city commission sha ll fail to pass an ordinance proposed by initiative petition
or shall pass it in a form different from that set forth, or if the city commission fails to
repeal an ordinance referred for reconsideration, the proposed or referred ordinance
shall be submitted to the electors not less than thirty (30) days nor more than one year
from the date the city commission takes its final vote. If no regular e lection is to be held
within the specified time frame, the city commission ffiaY-§hall provide for a specia l
election .
Sec. 52. Form of ballot for initiated and referred ordinances.
Ord inances submitted to a vote of the electors in accordance with the initiative and
referendum provision of this Charter shall be submitted by ba ll ot title prepared by the
city attorney or other legal advisor of the city . The ballot title may be different from the
legal title of any such initiated or referred ordinance and sha ll be a clear, concise
statement, without argument or prejudice, descriptive of the subject of such ordinance.
The ballot used in voting upon any ordinance shall have below the ballot title the
fo llow in g propositions, one above the other, in order indicated: "FOR THE
ORDINANCE" and "AGA IN ST THE ORD IN ANCE."
Sec. 53 . Availability of list of qualified electors.
Lists of qua lifi ed e lectors or registers may be fH:Irchased obtained from the
Supervisor of E lections for Duval County in accordance with the provisions of F .S.
98 .21198.045(3).
Sec. 54. Results of e lection.
If a majority of the e lectors shall vote in favor of a proposed initiative or referred
ordinance it sha ll become an ordinance of the city . If conflicting ordinances are
approved by the electors at the same e lection, the one receivin g the greatest number of
the affirmative votes shall prevail.
Sec. 55. Repealing ordinances.Reserved.
Initiated and referred ordinances may be amended or repea led only by a four fifths
affirmati'le 'lote of the fbi II city commission foiiO¥/ing a pYblic hearing .
ARTICLE XI. RECALL ELECTIONS
Sec. 56 . Procedures.
Sec. 56. Procedures.
Recall elections sha ll follow those procedures prescribed by F.S. 100.361.
ARTICLE XII. FRANCHISES
Sec. 57. Granting of franchises .
Words striclmn are deletionsi words underlined are additions .
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Sec. 57. Granting of franchises.
AGENDA ITEM II 71)
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The city shall have power to grant a franchise to any private or public e nterprise for
the use of streets and other public places in the furnishing of any public service or utility
service to the city and its inhabitants. A ll franchises and any renewals, extensions and
amendments thereto shall be granted only by ordinance , and under such limitations as
may be provided by the laws of the State of Florida. If the proposed franchise is for
fifteen years or more, the ord in ance approving said franchise shall not be effective
unless it is approved at a referendum in the same manner provided in F .S . 166 for the
approval of Issuance of bonds .
ARTICLE XIII. TAX ADMINISTRATION
Sec. 58 . Tax administration.
Sec. 58. Tax administration.
Tax administration shall be in accordance with Florida Statutes or as otherwise
provided for in the Code of Ordinances .
Note: Currently F .S . 193.116, F.S. 205, and Code of Ordinances Chapter 20 .
ARTICLE XIV. ZONING
Sec. 59. Zoning , land development regulations and maximum building height.
Sec. 59. Zoning, land development regulations and maximum building height.
Zoning and land development regulations shall be in accordance with Florida
Statutes or as otherwise provided for within the Code of Ordinances, except that in no
case shall the maximum height of buildings within the City of Atlantic Beach exceed
thirty-five (35) feet; provided however, that existing buildings which exceed thirty-five
(35) feet in height may be repaired to that existing height, no alterations shall be made
to any building, which would cause that building to exceed thirty-five (35) feet in height,
and this Charter provision shall not restrict any property owner's vested rights under
constitutional , statutory or common law .
Further provided , however, that the c ity commission may approve, pursuant to the
applicable section of the city's land development regulations, requests to exceed the
maximum building height of thirty-five (35) feet for exterior architectura l design
e lements , exterior decks or porches within nonresidential land use categories as
designated by the future land use map of the adopted comprehensive plan, for
nonresidentia I development.
The only property excepted from this height limitation shall be certain parts of the
existing Sea T~rtle Inn hotel property, located at 1 Ocean Boulevard , Atlantic Beach ,
Florida , which property is bounded by Ahern Street on the north , the Atlantic Ocean on
the east, Atlantic Boulevard on the south , and Ocean Boulevard on the west, and only
those parts of said property as follows :
(1) The existing bu ildings that exceed thirty-five (35) feet on the property as of the
effective date of this ordinance; and
(2) That part of said property extending west from the existing hotel tower no more
than one hundred twenty-five (125) feet towards the west property line, no
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c lo ser than fifty (50) feet to the south property line, w ith no more than a
maximum width of one hundred (1 00) feet and containing an additional footprint
of no more than e leven thousand five hundred (1 1 ,500) square feet.
However, any future development, redevelopment or expansion on th ese parts of
the property, which are proposed to exceed thirty -five (35) feet in height shall be subject
to approval by the city commission and shall in no event exceed the heigh t of th e
existing hote l tower building as of the e ffective date of this ordinance .
Note: Currently F .S . 163, F .S . 166, and Cod e of Ordinances Chapters 14 and 20.
ARTICLE XV. MUNICIPAL BORROWING
Sec. 60. Authority to borrow.
Sec. 60. Authority to borrow.
The city may borrow mon ey , co ntra ct loans and issue bonds as provided by F .S.
166 Part II from time to time to finance th e und ertaking of any ca pital or other proj ect for
th e purposes permitted by th e State Constitution , and may pledg e funds, credit,
prope rty , and ta x re ve nues for th e payme nt of such debts and bonds.
ARTICLE XVI. SUITS AGAINST THE CITY
Sec. 61 . Suits.
Sec. 61. Suits.
No suit shall be brought aga inst th e city for damages arising ol:lt of an all eged
~ert i ol:ls aet, unless all p ro vi sions of state law have been met.
Upon receiving notice of any suit, th e city manager shall eiligently iAvestigate the
matter and file a wri tten reJ>ort with the oity olerk to be presentee toinforrn th e city
commission at its next meeting of the lawsuit as soon as practica l. +he-oity olet=k shall
eetermine if a spoeial meeting shoule be soheduled to deal with an emergency s i t1:1ati~
Upon receipt of a written claim for damages by an injured party th e city commission
may, by ordinance , make a settlement of th e claim.
ARTICLE XVII. GENERAL AND MISCE LLANEOUS PROVISIONS
Sec. 62. Removal of officers and employees.
Sec. 63. Removal of membe rs of boards , commissions, o r agencies.
Sec. 64. Inve stigations.
Sec. 65. Publicity of records .
Sec. 66. Personal interest.
Sec. 67. Officia l bonds.
Sec. 68. Oath of office.
Sec. 69. Effect of th is Charter on existing law.
Sec. 70. Rights of officers and employees preserved.
Sec. 71. Continuance of present officers.
Sec. 72. Continuity of offices , boards, commiss ion s or agencies.
Sec. 73. Transfer of records and property .
Sec. 74. Title to property reserved.
Sec. 75. Continuance of contracts and public improvements.
Words stricl<eR ar e de letions; word s underlined are additio ns.
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Sec. 76 . Pending actions and proceedings.
Sec. 77. Short title.
Sec. 78. Separability.-Severabllity clause .
Sec. 62. Removal of officers and employees.
AGENDA ITEM fl. 7D
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Any officer or employee appointed by the city manager or head of any office,
department or agency may be removed by the city manager at any time pursuant to city
ordinances.
Sec. 63. Removal of members of boards, commissions, or agencies.
Except as provided in this Charter, an agent , a member of any board, committee,
task force, commission or agency of the city who has been appointed by the city
commission, may be removed by the city commission in the same manner as provided
for the removal of the city manager in Section 25 of this Charter.
Sec. 64. Investigations.
The city commission, or any committee thereof, the city manager or any advisory
board appointed by the city commission for such purpose, shall have power at any time
to cause the affairs of any department or the conduct of any officer or employee under
their jurisdiction to be investigated; and for such purpose shall have power to compel
the attendance of witnesses and the production of books, papers and other evidence;
and for that purpose may issue subpoenas which shall be signed by the president or
chairman of the body, or by the officer making the investigation, and shall be served by
an officer authorized to serve such process. The authority making such investigation
shall have power to cause the testimony to be given under oath, such oath to be
administered by some officer having authority under the law of the state to administer
oaths. Failure to obey such subpoena or to produce books, papers, or other evidence
as ordered under th e provisions of this section shall constitute a violation of the
municipal ordinance and shall be punishable by a fine not to exceed five hundred
dollars ($500.00) or by imprisonment not to exceed sixty days, or both. Enforcement of
any violation of this municipal ordinance shall be by the State Attorney's office .
Sec. 65. Publicity of records.
To the extent required by F.S. Chapter 119, records and accounts of every office,
department or agency of the city shall be public records and open to inspection under
reasonable regulations established by the city commission in accordance with the
PUblic Records Act.
Sec. 66. Personal interest.
No member of the city commission, any officer of the city or department head shall
have a financial interest, direct or indirect, in any contract or in the sale to the city or to a
contractor supplying the city of any land or rights or interests in any land, material,
supplies or services. Any wi#Wwillfu l violation of this section shall constitute
malfeasance in office, and shall b e grounds for removal or termination . Any contract
entered into in violation of this section shall be voidable by the city manager or th e city
commission.
Words striciEeA are deletion s; words underlined are addit ion s.
Page 20 of 23
Sec. 67. Official bonds.
AGENDA ITEM II 70
APRJL27,20l5
The city commission shall determine whether or not each officer, clerk, or employee
shall give bond, and the amount thereof, but all officers, clerks and emp loyees handling
any funds or property of the city shall be required to give bond to the city, which bonds
shall be procured from a regularly accredited surety company , authorized to do
business under the Laws of Florida, the premiums on such bonds to be paid by the city.
All such bonds shal l be filed in the office of the city clerk.
Sec. 68. Oath of office.
Every officer and employee of the city shall, before entering upon the duties of his
o r her office, take and subscribe to the following oath or affirmation , to be filed and kept
in the office of the city clerk:
"I solemnly swear (or affirm) that I will support the Constitution and will obey the
laws of the United States and of the State of Florida , that I will, in all respects,
observe the provisions of the Charter and ordinances of the City of Atlantic Beach ,
and will faithfully discharge the duties of the office of "
Sec. 69. Effect of this Charter on existing law.
All laws , ordinances and resolutions relating to or affecting the city in force when
this Charter takes effect are hereby repealed and superseded to the extent that such
are inconsistent with the provisions of this Charter.
Sec. 70. Rights of officers and empl oyees preserved.
Nothing contained in this Charter, except as specifically provided , shall affect or
impair the rights or privileges of officers or employees of the City of Atlantic Beach or of
any office , department, board, commission, or agency existing at the time when this
Charter shall take effect.
Sec. 71. Continuance of present officers.
All commissions , administrative and executive officers , agents , department heads,
board and committee members and their powers, duties and obligations at the time this
Charter takes effect shall continue in effect until provisions have been made in
accordance herewith for the performance of such duties or the discontinuance of such
office , powers or obligations.
Sec. 72. Continuity of offices, boards, commissions or agencies.
Any office, department, board, commission or agency provided for in this Charter
with powers and duties the same or substantially the same as those which previously
existed shall be deemed to be a continuation of such office , department, board,
commission , agent or agency with the power to continue its duties and obligations.
Sec. 73. Transfer of records and property.
All records , property and equipment whatsoever of any office , department, board,
commission , agency , or agent, all the powers and duties of which are assigned to any
other office , department, board, commission , or agency by this Charter, shall be
Words s~rieken are deletions; words underlined are additions.
Pag e 21 of 23
AGENDA ITEM# 70
APRIL 27 ,2015
transferred and delivered to the office, department, board, commiss ion, or agency to
which such powers and du ti es are so assigned . If part of the powers and duties of any
office, department, board, comm ission, or agency are by this Charter assigned to any
other office , department, board, commission , or agency, all records , property and
equ ipm ent relating exclusively thereto shall be transferred and delivered to the office ,
department , board, comm ission or agency to which such powers and duties are so
assigned .
Sec. 74. Title to property reserved.
The title, rights, and ownership of property, unco llected taxes, dues, claims,
judgments, decrees and chases in action, held or owned by the City of At lantic Beach
sha ll continue to be vested in the corporation under this Charter.
Sec. 75. Continuance of contracts and public improvements.
A ll contracts en tered into by the City of Atlantic Beach, or for its benefit, prio r to the
taking effect of this Charter, shall continue in full force and effect. Publ ic improvements ,
for wh ich legis lative steps have been taken under laws or Charter provisions existing at
the time this Charter takes effect, shall be carried to completion in accordance with the
provisions of such existing laws and Charter provisions .
Sec. 76 . Pend ing actions and proceedings.
No action or proceeding , civ il or criminal, pending at th e time when this Charter
tak es effect, brought by or against the C ity of A tl antic Beac h , or any office , department,
board, agents, comm ission , or agency or officer th ereof, s hall be affected or abated by
the adoption of this Charter or by anything therein contained .
Sec. 77 . Short t itle.
This Charter sha ll be known as th e "Atlantic Beach Charter."
Sec. 78. Sef:larability Severability clause.
If any section or part of a section of this Charter shall be held invalid by a court of
competent jurisdiction , such holding shall not affect the remainder of thi s Charter or th e
context in which such section or part of section so held invalid may appear, except to
the extent that an entire section or part of a section may be inseparably connected in
meaning and effect with the secti on or part of section to which s uch holding sha ll
directly app ly.
ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
Sec. 79. Effective date of Act.
Sec. 80. Effect of changes in state law.
Sec. 81 Pe riodic Review
Sec. 79. Effective date of Act.
This Act shall go into effect subj ect to the refere ndum and in accordance with state
law under F.S . 166.031 .
Word s stricl<en are deletions; word s und er lin ed are additi ons.
Page 22 of 23
Sec. 80 . Effect of changes in state law.
AGENDA ITEM #70
APRIL27,2015
In the event of c hang es in state law which are in confli ct with a ny provisions of th is
Cha rt er, state law shall prevail.
Sec. 81. Periodic Review
A Charter Review Committee consisting of at least nine (9) and no more than
fifteen (15) electors of the City shall be appointed by the City Commission every eight
(8) years to rev iew the City Charter and propose any amendments or revis ions . which
may be advisable for placement on the regular municipal election ballot.
The City Commission shall appoin t the Charter Review Committee in January of the
year immediately preceding the election with a definite and specific charge . The
Charter Review Committee shall meet for the purpose of organization within thirty (30)
days after the appointments have been made . The Charter Review Committee shall
elect a chair and vice chair from among its membership . Further meetings of the
Charter Review Committee shall be held upon the call of the chair or a majority of the
members of the Charter Review Committee . All meetings shall be open to the pub lic. No
Charter amendment or revision shall be submitted to the e lectorate for adoption unless
favorably voted upon by a majority of the entire membership of the Charter Review
Committee .
No later than one-hundred and eighty (180) days prior to the regular municipal
election. the Charter Review Committee shall deliver to the City Commission the
proposed amendme nts or revisions. if any, to the City Charter. Each proposed
amendment shall embrace but one subject and matter directly connected therewith.
The City Commission may by reso lution place such amendments or revisions as
approved by the Charter Review Committee on the next regular municipal election
ballot. If a majority of the electors voting on the amendments or revisions favor
adoption. such amendments or revisions shall become effective on January 1 of the
succeeding year or such other time as the amendment or revision shall provide.
If the Charter Review Committee does not submit any proposed Charte r amendments
or revisions to the City Commission at least one -hundred and eighty (180) days prior to
the regular municipal election . the Charter Review Committee shall be automatically
disso lved . Otherwise . upon acceptance, further amendment or rejection of the proposed
amendments or revisions by the City Commission . the Charter Review Committee shall
be automatica lly dissolved .
Words stricken a r e deletions; words underlined are additions.
Page 23 of 23
ORDINANCE NO. 33-15-20
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORJDA, PROPOSING AN AMENDMENT TO THE C IT Y
CHARTER WHICH WOULD ELECT C JTY
COMMISS IONERS FOR SEATS 2, 3, 4 AND 5 BY T H EIR
RESPECTIVE DISTRICTS; SUBMITTING THE
PROPOSED AMENDMENT FOR CONS IDERATION BY
THE ELECTOR S OF THE C ITY FOR APPROVAL OR
DISAPPROVAL; PROVIDING THE AP PEARANCE OF
THE CHARTER AMEN DMENT ON THE BALLOT;
PROVIDING AN EFFECTIVE DATE.
A GENOA ITF-M # 7E
AI,CUL 27, 20J5
WHEREAS, th e Cil y of At lanti c Beach, F lorid a, after rece iv in g i nput from its citize ns
and th e Chart er Review Co mmittee, finds th e proposed amend ment con tain ed in th is Ord ina nce
sho uld be s ubm itted to the qualified electors of the City of Atlanti c Beach for co nsid erati on; and
WHEREAS, th e City of Atlanti c Beach apprecia tes th e diligen t effor ts o f th e Cha rt er
Re view Co mmittee comprised of: Don Wo lrso n, Mark Tomaski, Mike Ba rno, Ka th erin e
Ca rithers, Joa n Ca rve r, Sall y Clemens , Thomas Goodr ich, Judith Lero ux and David Vincent.
NOW THEREFORE, BE IT ENACTED BY THE C ITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Charter Amendment Propo sed. The Cit y Co mm iss ion of the C it y of
Atl anti c Beach, F lorid a hereby proposes th e followin g amendm ent to the Cit y C harte r:
Sec. 5. Num be r of com mi ssioners; se lecti on; term .
Th e cit y comm iss ion sha ll consist offive (5) electors of the City of
Atl a nti c Beach who have th e qu alifi ca ti o ns as defi ned in sec ti on 6
of thi s C h ar te r;~ Sea L 1 shal l be e lec ted at large. and sea ts 2 thro ugh
5 shall each be elec ted by th ei r respect ive di stricts. without regard
for any des ignation of po li tical party affiliation. The seats shall be
known as seats 1 ttu·o ugh 5 respec ti vely, a nd se at I sha ll be
designed as the mayor-commissioner. Sea ts 2 thr ough 5 shall be
designat ed as di strict commissio ners, with each comm iss ioner
required to res id e wit hin the di stric t from whic h he or she is
elected. Th e four (4) di stri cts s hall be created usin g the prec in ct
AG ENDA ITEM fJ 7€
A I'RlL 27 ,20 15
lin es ex istin g as of November, 209-7Jl:l t1ttat·y 20 13, as a beginning
point, sh all be establi shed by ordin an ce, shall be as equal in
po pulation as po ssi bl e, a nd to th e extent poss ible sha ll maint ain the
int egrity of neighb orh oo ds and co mmunities of interest. Th e
mayo r-co mmi ssioner shall be elected fo r two-year te rm s and the
term s fo r sea ts 2 through 5 s hall ea ch be four yea rs. Effec ti ve with
the munic ip al election in October, 1993 , a nyon e e lected or
a ppo int ed to th e oftic e of mayor-co mmi ssioner shall not serve
more th a n fo m (4 ) co nsecutive two -yea r t erm s; an d any elec ted or
a pp ointed to comrni ss ion seats 2 thr oug h 5 sh all not se rve mo re
than two (2) co nsec uti ve fo ur-yea r term s. Ser ving any part of a
term shall be co ns idere d a full te rm. No thin g co ntain ed herein shall
preve nt a nyo ne who has se rved as a c it y co mmi ss io ner fr om be in g
appo inted or elec ted to th e pos iti on of ma yo r-commi ss ioner and
th en ser vin g in th at capac it y fo ur ( 4) consecutiv e t wo-yea r term s.
SECTION 2. Submi ss ion o f Char ter A mendm ent to Publi c Referendum . T hi s
amendm ent to the Charter of ti1 c Cit y of Atlantic Beach, Florida shall be submitted to public
refere ndum at th e next gene ral e lec ti on held in th e City of Atl ant ic Beach, F lori da fo r app ro va l
or disap prova l by th e qu a lifi ed e lectors ofthe C ity.
SECTION 3. Appeara nce of th e Charter Amend ment on th e Ball ot. Th e ball ot titl e to
be u se d in sa id election s hall be as fo ll ows : "CHANGE IN CO MMISS IONER ELECTJONS
FROM AT-LA RGE VOT fN G TO DI STR ICT REPRESENTATIV E VOTING ." T he
ex p lana tory statement shall be as fo ll ows: "Commission se at s 2, 3, 4 and 5 will be e lected onl y
by th e elec tors in the res pecti ve di s tri cts eac h co mmi ssi oner represent s instead o r th e ent ire
electors of th e City of A tl anti c Beac h." Be low th e ex pl anatory state ment shall app ear th e
fo ll owin g ques ti on:
Shall th e above descr ib ed Charte r a mendm ent be adopted?
YES ---N O __ _
SECTION 4 . Effecti ve Date . Thi s amendm ent t o th e Charte r of the Ci t y of Atl anti c
Beac h s hall beco me effecti ve up on approv al by th e electo rs of the City and sha ll be fi led with th e
Flo rid a De partm ent of Sta te as required by law.
AGENDA ITEM# 7E
APRIL 27, 2015
PASSED by the City Commission on first reading this __ day of ______ _
2015.
PASS ED with a quorum present and voting, by the City Commission this __ day of
______ ,2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
Approved as to f01m and conectness:
RICHARD KOMANDO,
City Attorney
CAROLYN WOODS,
Mayor, Presiding Officer
AGENDA ITEM:
SUBMITTED BY:
DATE:
C I TY OF ATLANTIC BEACH
C ITY COMMISSI ON MEETING
STAFF REPORT
Atlantic Beach Co untry C lub
Accep tance or Ut ilities for Ownership and Mainte nance
_d)_( !'~L-
Douglas ~Layton , PE )
March 3 1 , 20 I 5
AGENDA IT EM #SA
APR I L 27,2015
BACKGROUND: At lantic Beach Partn ers has co mpl eted co nst ru ct ion of th e Streets and
Stormwat e r in fh1s tr uctu rc ror the At lanti c Beach Cou ntry C lu b su bdivi s io n.
Their Co ntrac tors have co mpleted constructi on in acco rd ance with app roved plans a nd s ubmitted a ll
nece ssa ry documenta ti on and staff from both The City Atl a nti c Beach and T he C it y of J uck!>o Jwi ll c
have each co mplet ed a tinal ins pection ol'thc hu.:i liti cs and arc prep ared to accept th e faci lit ies. The
C it y of At lantic Be ac h wi ll cu rrent ly accept Unit I with $563,172 of infrast ru cture a nd th e C ity of
Jackso nvi ll e wi ll CU JTcntly accept Unit 2 with $1,98 1,227 of new inthtstructurc.
Duel Inspec tions and a duel ucceptancc letter we re done in anticipation of T he C ity of Atl antic Bcuc.:h
annex in g the balance of th e sub di visio n.
BUDGET: No imm ed iate imp ac t to operati ng budget. The schedu le of va lu es incl ud ed in the
Acceptance Pa ckage wi ll be added to the C ity's assets in the amount of $563,172 no w and
$1,98 I ,22 7 upon annexat ion.
RECOMMENDATIONS: Accept Unit I street and s tonnwatcr inthls tru cturc in the At lanti c Beac h
Count ry C lub su bdivi s io n for ownership an d maintenance now and accept Un it 2 infh1 s tru cturc at
annexation a nd authorize th e Publi c Work s Director to execute the attached infrast ructure acceptance
let ter.
ATTACHMENTS: Draft dual COJ/CoAB acceptance lettor
'
REVIEWED BY CITY MANAGER: *-"lt t,/'tJw-~-
CERTIFIED MAIL
Atlantic 13ench Partne r s . LLC
t (Jtl O ld Hard Road, Stc # 502
Fl e ming Is land , FL 32003
Marc h :1 1, 20 11)
AGENDA ITEM# 8A
APR I L27,20 15
RE: ACCEPTANCE LETTER -Atlantic Beach Country Club Unit (1&2)
PLAT BOOK 67 PAGES (1) 52·54 & (2)132·137
CITY DEVELOPMENT NUMBER 8011.001
Dear Si r :
Th o City o l' J acksonv i ll e h e r eby ac ce pt~ fo t· m a in tunu n cc tho paving, c urb & g uUt•r
a nd roadway ::;Umn dl'uinAgc as s hown o n t ho pl at, incl udin g impl'O vo mcn t s in o ff'·
s it:o case me nts ancl ri g h ts·of·wny.
Private dmi n agc, stormwntc t· t•etcntio n /dote nti o n f'acilit.ics a nd /o r Lmnt.me nt.
syste mA , if any, a t·e n ot accepted by i hc Cily fur nwintena nce. They are privatu ly
owned And m a in ta ined as o utlined in t h e s ubdivision's r ecord plat, nssoc tn tcd
cnsc mc nt doc ume nts, and a ny Stntc or Pe dernl pe rmi t docume nts.
The value of this acceptance is listed below :
Unit 1
Paving, Curb & Gutter
Storm Drainage
Total Paving & Drainage
Unit2
Paving, Curb & Gutter
Storm Drainage
Total Paving & Drainage
P L ANNING AND D E V E I. 0 PM EN T
$201,683.00
$361.489.00
$563,172.00
$702,005.00
$1.279.222.00
$1,981,227.00
2 14 N l logu n !:)trcct, Sui tc2100. Jm:ksnnvillc, Fl. .12202 . Plume : 904 2S5-S310 Fa x: lJ()4 2.5.5-X)I I. www.cnj.m:t
AG[NOA ITEM If. 8A
AI'RIL 27,20 15
Put·R u a n L to an inta l'l oc:-11 a g t·cc me nt, betwee n t he C ity of J a c k so n vill e nnd t.hu C it.y
o f 1\tlnnt,ic Bea c h, C:-l Ch C ity a cce p ts t h o a bove dm~cribcd p a v.ing, c;urb & gut.lc t· and
roadway storm drain age fo r th c i r respcct,ivo juris di c ti ons. In rt nti c ipu t.ion o f fut.ut ·r•
n nn oxatio n of t he pt·opc rty ft ·o m t he City o f Jucl<Ho nvill c to tho Cit.y o f At.lunt.i c
R cHc h , n i l t•ig hts, w ~nra n t i es nnd be ne fi ts s h a ll be tra ns fe rre d to t h e C it y o f At lnnt ic
Beach . P lease s ig n a co py of t.hi s to LLe r e nclo sed a c knowl e d g ing r ece i pt. o f' Lh c~·;c
d oc um e n ts in the s p ace prov ide d be low a nd t·o turn to t his o ffi ce to c lose t hi H fil e.
Si ncer e ly,
W i lli a m .Joyce. P.E.
Chi e f of Engi nee ring a n d Co n s tructio n Ma n ngc m c nt
Date S ig ne d
lJ o u g las o. Layt o n , P.E .. PWLF
Direct o r o f' Public W o rlu~ City of i\t.l a n Lic n o a c h
Onto S ig n ed
!~O R J im Robins on, P.r::.
Direct o r of Public W o rks
W.J ,GMS:mJf
xc: T ay lor & Whi te, T nc.
9 55 6 His t o ric Ki n gs Rd , Stc #102
J ack sonville, ll'L 32 25 7
Property Appraiser's Office
TopograpbicaVSurvey
Streets & Drainage
Accounting Division
Project Engineer· Mike Heggood
Thls is to acknowledge receipt of the above described Acceptance Letter, as
transmitted herewith this day of 2015
Authorized Signature
Print Name
Title
P L. 1\ N N I N G AND D E V E L 0 I' M EN T
2 14 N llugu n Sm:~:l. Suite 2 100, J nck~(III Vi llc. FL 322 02. I' hun..:: <J04 255-1!3 10 Fmc '.104 255-X] II. www.cu,i .ncc
AGENDA ITEM fi.BA
APRIL 27,2015
~Y-~Io~=-~~~~~~
Civil Drzslgn & Consu ltin g EnglnHrs
Scptc na hc r 23, 201 •1
Ci ty of i\tl onlic Benc h
1200 Snmlpipcr l.tiiiC
1\llnnti c lk rtd t, FL 32233
( 'il)' Of J nck~Oil\'i l k
2 1 •I Nor th I logon Stt 'cc t
Jm:I-.S ilt Wi lil:, FL 32202
H ~: i\ll nulk Ocnch Country C lni.J -Phnsc II
Tny lm & Whi le, In c. Prqjcct No. 122 10
1\ttuchccl is th e ~ig n cd nn d sen led Engi neer's cost c1-timn tc fu r dete rminin g lh c Allautic Ocu clt Country Cluh -1'/u t \'t: II l'ln l llund
omou nt liw constr ucti on. T he totnls li sted below n~sumc Phnsc II consis ts o fnrproxi mntcly 78.5% nfthc uvc111 1l developme nt within
lhc Ci t)' o f A tlonti c Ot:ac h righl -of-wny.
s rmWORK/ROi\DW /1 Y
Si\N IT/\R Y SE\\'1\R
POT/\ II I.E \\' i\TER
ltEl JSE
S I O ltM Dlti\lNi\(jE
1 E STING/1\S-BlJII.TS
'I OTi\1. 1\MOUN'I
TOTAl, (;O MI'Lt;'l UD
IJAL1\NCE TO F INIS II
1.5% OF OV EJ{i\l.L COST
1'1.1\T BON D AI\IOUNT
Sin ccrd)·,
1'"ylor om( ll'hlli!. !In·.
::.d. .. :,~
//44 163
Orisinul Co ntrnct
Amount
S702,005
$(•19,80•1
SiJ05,50J
$236,•122
S l ,279,222
S I02,767
S J ,245,7 N .OO
S 2,K 19,0 59.00
s •126,664.00
$ 4R fi,RS9.00
T \10 t 211 2210 Sci\',, t.l~nn,, Country Clu t>ll'o)' i\ppsll'lu t llond l'h 2 ltC I'IS•'ll 09·23·14.doc
C:o mp l c t~d To
f1lltl!
•19%
98%
100%
100%
98%
7 1%
llnhm cc t11
Finish
$35 4,\125
$11 ,RX•I
.$0
$(1
$30,000
S2 •J,R5S
9556 Histo ric King s RoadS ., Sullo 102 · Jack sonville, Florida 32257 · t: (904) 346·0671· f: (904)346-3051 · \'NIW.TaylorandWhUo .co m
AGENDA ITEM #SA
APRIL 27, 2015
Taylor hitv, lncm
June 4, 2014
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233
City of Jacksonville
214 N011h Hogan Street
Jacksonville, FL 32202
Civil Druign r. Consulting Enginflflrs
nE: Atlnntic Bench Counta·y Club-Phnse I
Taylor & White, Inc. Project No. I 2210
Attached is the signed and scaled Engineer's cost estimate for determining the Atlantic /leach Collllii'J' Club -J>llase I Plat Bond
amount for construction within Atlantic Beach Drive from Sta. 09+75.00 to Sta. 28+80.00. The totals listed below assumes Phase I
consists of approximately 21 .5% of the overall development within the City of Atlantic Beach right-of-way.
SITEWORK/ROAD\V A Y
SANITARY SEWER
POTABLE WATER
REUSE
STORM DRAINAGE
TESTING/ AS-B UILTS
TOTAL AMOUNT
TOTAL COMPLETED
BALANCE TO FINISH
15% OF OVERALL COST
PLAT BOND AMOUNT
Sincerely,
Taylor and White, Inc.
C?j;/
D. G~ T:ylor, P.E.
1144163
Original Contract
Amount
$201,683
$114,230
$79,692
$64,753
$361,489
$29,808
$ 851,654.00
$ 623,670.00
$ 227,984.00
$ 127,748.00
s 355,732.00
T:\20 12112210 Sclvn Marina Counlry Clu!J\I'ay Apps\Piat Dond Ph I. doc
Completed To Balance to
Date Finish
18% $165,096
100% so
96% $3,096
99% $934
88% $42,080
44% $16,778
9556 Historic Kings RoadS., Suite 102 • Jacksonville, Florida 32257 • t: (904) 346·0671 · f: (904) 346·3051 • www.TaylorandWhite.com
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Po lic e Building Status Update
£!?£./:~--
Pub lic Works Director
Apr il 13 ,20 15
AGENDA ITEM # 86
APRIL27,20 15
BACKGROUND: The C ity initially selected th e firm of Clem o ns. Ruthcrf()rd & Associates
(CRA) to pcrfonn a feasi bility s tudy of expanding the police faci lity. The product of thi s assignmen t
was a presentat ion to the C ity Commission on 8/11 /14. On 8/11 /14 the Co mmi ss ion nppmvcd
proceeding with the project utilizing the Cons tru ct ion Manager delivery method. Architect/Design
pro po sals were rece ived on September 9. 2014 fo r de s ign services. C RA was selected by starr und
approved by the Commission on October 13, 2014. A scope and fcc were ncgotiutcd and a Nolie<.: to
proceed was iss ued on December 19, 2014.
Since that time preliminary building sizing and office layo ut have been compl~.:tcd. Other preliminary
investigations includ in g mold , asbestos, and s ub s urface have occurred. Preliminary design ha s
recently started.
The purpose of this report is to brief the Co mmi ss ion on the status of the project.
BUDGET: The total budget for the Pol ice Building is $2,600,000. This includes design and
<.:onstruction. No additional funds arc currently requested.
RECOMMENDATIONS: No action is req uired by the Comm ission
ATTACHMENTS : CRA presentation
REVIEWED BY CITY MANAGER:--:kz t/~ ~
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Analysis/Confirmation of Proaram/Studv
Co n ce o tual Schematic
Integrate Program into Conceptual plans and el evations.
Order of maanitude cost estimate uodated
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Advanced Schematic
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GC -General Contractor
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AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROUND:
BUDGET:
RECOMMENDATION:
ATTACHMENT:
CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
90-Day Calendar for the Mayor and Commission
AGENDA ITEM # 9A
APRIL 27, 2015
Yvonne Calverley, Executive Assistant to the City Manage/C'_....-
April14, 2015
None
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:
• Strategic Planning Meetings are scheduled for Monday, May 4th and
Tuesday, May 5th beginning at 9 am in the Commission Chamber.
• Beach cities are hosting the Northeast Florida League of Cities Dinner
on Thursday, May 21st at the Casa Marina Restaurant, Jacksonville
Beach.
• City Offices will be closed on Monday, May 25th for observance of the
Memorial Day holiday. The regularly scheduled commission meeting
will be held on Tuesday, May 26th.
• The next Town Hall Meeting is tentatively scheduled for Saturday, July
18 1h at 10 am at the Jordan Park Community Center
None
Approve the 90-Day Calendar for May through July 2015
1) Mayor and Commission 90-Day Calendar (May through July 2015)
MAYOR AND COMMISSION
May 2015
SL':-..:D .\ Y ~10:'\:D .\Y TL'E~D .\ Y \\'ED:'\: ~~~D.\ Y THL:R~D .\ Y FRID .\ Y ~.\TL'RD .\ Y
1 2
3 4 5 6 ..,
I 8 Newsletter Due 9
Strategic Planning Strategic Planning (Mayor)
Meeting-9 am Meeting -9 am Due Date for
(Chamber) (Chamber) 5/26
Videotaped Videotaped Agenda Items
10 11 12 13 14 15 16
Commission Mtg
6:30pm
(I nvoc-Daugherty)
Videotaped
17 18 19 20 21 22 23
Northeast Florida Due Date for
League of Cities 6/8
Dinner 6 pm Agenda Items
(Casa Marina)
24 25 26 . 2-28 29 30
Commission Mtg
MEMORIAL DAY 6:30pm
City Offices Closed (lnvoc-Beckenbach)
Videotaped
31
MAYOR AND COMMISSION
June 2015
SL'~D.\ Y .\!O~D.\Y TU~SD.\Y \'\"ED:'\E~l).\ Y T! IL'RSD.\ Y FRID.\ Y S. \TL" RD.\ Y
1 2 3 4 5 6
Due Date for
6/22
Agenda Items
-8 9 10 11 12 1.3
Commission Mtg Newsletter Due
6:30pm (Mayor)
(lnvoc-Woods)
Videotaped
14 15 16 17 18 19 20
Due Date for
7/13
!
Agenda Items
21 22 23 24 25 26 27
Commission Mtg
6:30pm
(lnvoc-Mark)
Videotaped
28 29 30
MAYOR AND COMMISSION
July 2015
SU;\D.\ Y .\!()~!).\ y TCI ~~D .\ Y \\'Im;\ I ~SD . \ Y TIIL'R~D .\ Y FRID.\Y ~X I L:t m .\Y
1 2 3 4
Due Date for
7/27 City Offices 4th of July
Agenda Items Closed
5 6 7 8 9 10 11
Newsletter Due
(Mayor)
12 13 14 15 16 1~ 18
Commission Mtg Town Hall Mtg
6:30pm Due Date for 10 am
(Invoc-Hill) 8/10 Jordan Park
Videotaped Agenda Items (Tentative)
19 20 21 22 23 24 25
26 ?"' _, 28 29 30 31
Comm ission Mtg
6:30pm
(lnvoc-Daugherty)
Videotaped