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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. 2 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. 3 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 ~~ "; ·~~-£ 0 drtr~ottn .CA IIO,..,.,...,f, Jl'A wh/ allow Ctlf'/oln nc:n-permonlll'll lmpro_,-,tJflt.:r W!lch da not /mp<Xlt:1 11>11 un of $Old ""semen! by JEA ""' ltJ:~to/101/on cf rcnc.,.... h.drJ<J$,. CJI!d lond~!n9"'P'"'m/-:>::~lblobut~o;«ttorfltnr:r.alby.CAotth upmn ottKJdl/ot o...,..,. fer th" ,...,o-,Q/ oodrwploa::m<cmt of :wchllflrn/1..0 7) NOTICE: li'JIB plot. rn rer:Pt'dod In /t.:r grop/1/c form, Is the o/riiC:Ia/d~~pktlonofthflsubdloid.dlanrbdr:=rlb«<hlfffeitJ and w/1111'1 no draJmi11CJIICf1D bo !Npp/onlad In outharlty by =y cthor grop/llc or dlgltoJ form of 11'1<1 plot, wfl•lhtJr (}'QP/IIc9fdif/Jtal. 1hor11moyboaddlttonoJr11S/rlctk>n" that OT11flolf'fl(;r;)rdadon lhl.:rplot 1/lo/ moyb11 !oondklthf1puDI/c rrJCot'"rh of [)uvd County. Fiorldo. 8) By Grop/llcplotl/np oo/y, lh11 propKty 11/lo..., f/OfCQfl//o/J "'/thin Zon~ "X" o.:r lh.,., an u.o F<~d.-ol Emorl}llncy MonQg..m...,t A~ "Y {F.E.AJ.A.), Notk>nol Flood /nwranco Program, Flocd lnllUrorte• flo Nap (F.I.R.M.) Canmunl/y-f'WTfll NumbtJr 120077 lHOB H, IJap Ro-Mftd dot• : ~no J. 20/J 9)Lot:; {ronlln'} Ofl hrD {2):~~trf1f113mUBI /Ia..., WJhlr;u/rxOCCll!f:'l" him ~ (1) .:rlfll'lll 011/y. 10) eu.r.,t law provide:~ that no .:on:rtrur:tlon, 111//ng. ramollo/ of <Wrlh,CJJttlngo/tr..riQt'Oih•rploot9shQI/Iokt~p/ocv >110/orrftll"doftho}'ritldktlcnol .... tlood/itJ'" os <hpif:tcd Clfl /h/:11 plot orllhout the wrllltN> upprovol of Duvd Co....,ty and oth.,. ("tt()Uiolory O<JIIIriCl<r.l with )lrl:l'dlci/M O<'«" !Wdl ""'1/onds. It ~ the ronponJit>llltyof th•lot owner, hla OQfi(Jt CJI!d tha <HI/II)' pulwm/ng ony activity within lh• .,.,1/ond Ql"ft<r to ocqufrc the n_..,.wrltt<mD(J(X<IVOJ3priortulhobP,;/ntlittr;ofa.r....nc. 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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 MAP SHOWING SKETCH AND LEGAL DESCRIPnON (SE~ SHEE:T 2 OF 2 fOR SI<!;TCH) I.£ CAL DESCfiiP TrON: THAT Ctf/TAJN 11MCT OR PARC£1.. OF LAND BDNO A PORTION OF a<!Vf:RNMFNT LOTS 7, ~ 0. 10, 15 AJ/0 Ttl, OF SfCrroN 4 TOI!HSIIIP 2 SOUJH, RANGE 29 FASI; AND AIL THE LOT 5, BLOCK I, DONNER's RG'I.A T AS «OCOIIDED IN PLAT 8001( /9, PAGES Ttl AJ/IJ lOA Dr TilE PUBUO RECORDS OF DWAI CO/Jim; Fl.ORfOA. 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SHEET I OF 2 AAIEIN 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. ORDINANCE NO. 95-15-109 Page 4 of 18 AGENDA ITEM# 7B APRIL 27, 2015 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. ORDINANCE NO. 95-15-109 Page 5 of 18 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 ORDINANCE NO. 95-15-109 Page 6 of 18 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 ORDINANCE NO. 95-15-109 Page 7 of 18 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. ORDINANCE NO. 95-15-109 Page 8 of 18 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 ORDINANCE NO. 95-15-109 Page 9 of 18 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 ORDINANCE NO. 95-15-109 Page 10 of 18 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): ORDINANCE NO. 95-15-109 Page 11 of 18 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 ORDINANCE NO. 95-15-109 Page 12 of18 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 ORDINANCE NO. 95-15-109 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 ORDINANCE NO. 95-15-109 Page15of18 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. ORDINANCE NO. 95-15-109 Page 16 of 18 Bischofia Chinese tallow Guava Woman's tongue ORDINANCE NO. 95-15-109 Page 17 of 18 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 . Words st r icken a re d e letion s; words underlined are additions. Page 9 of 23 Sec. 28. Appointment; duties. AGENilA ITEM II 70 APR IL 27,2015 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. Word s stricken are d eletions; words und erlin ed are addition s. Pag e 10 of 23 Sec. 31 . Appointment and qualifications. AGENDA ITEM II 70 APRlL 27,2015 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. Words striel(en are deletions; words underlined are additions. Page 11 of 23 AGENDA ITEM #7 0 AI'RIL27,201S 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 Word s stFiek en are deletion s; words unde rlined are addition s. Page 12 of 23 AGENDA ITEM# 7D APRIL 27, 2015 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. Words stricl<en are deletions; words underlined are additions. Page 13 of 23 Sec. 40. Elections: Primary. AGENDA ITEM # 70 APR IL 27,2015 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 Word s stricl(en ar e deletions; wo rd s und erlined are additions. Pag e 14 of 23 AGENDA ITEM #70 AI'RIL 27,2015 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 Word s stri elmn are d el etions; words und erlined are additions. Page 15 of 23 AGENDA ITEM II 70 APRIL 27,2015 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 Words stricl<en are de letions; word s underlined are additions. Pa ge 16 of 23 AGENDA ITEM# 70 APRIL 27,2015 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 . Page 17 of 23 Sec. 57. Granting of franchises. AGENDA ITEM II 71) APRIL 27,2015 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 Word s st riel~en are deletions; word s underlin ed are addition s. Pa ge 18 of 23 AGENDA ITEM# 70 APRlL 27,20 15 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. Page 19 of 23 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 APillL 27, 2015 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/~ ~ --T---.., ----+---- ' 40 RfCORO!> -------T---; r _,.. _____ ..1. ___ ; FllBT I • Desc r i p t ion D e s i gn P r ocess NTP-Desian Kick-off mee tina & Advertise for CM Establish Priori ties. Relatio nships, Goals. Design Option s. Brainstormina 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 Owner Review • CM selnction orocess Advanced Schematic Develop deta iled plans. e levatio ns. typical wall sectio ns. Esti mat in q • Pre limina rv CM Estimate Owner Rev iew and Aooroval l nco rno ra te Owner Comments Desian Development (50% Documents) Develop build ing sections. wall sectio ns. start door and fi nish schedules. MEP svstems. Own er Review and A oproval SO% Mta w ith Pemn itti na/AHJ Qualitv Contro l Review CM Pre limi narv GMP Con structi on Documents t90% Documents) develop details, specification s. schedules. systems. Owner Review and Approva l CMGMP Public Board Meeti na . 10 0% Co n struction/confomnance Documents fina lize details. specifi cations. sch edules. systems and coordinate fina l documents to conform with GMP Qualitv Contro l Review IFin all Owne r Review a nd Aooroval of100% CO's Mtawith AHJ Construction NTP. Buildina Construction Pre-Con struction Meetin a Construction Substa ntial Comoleti on Proqress Mtq Owner/CRAJCM Site Visits Construct io n Final Record Orawinas to Owner Move In a nd Occupancy Anniversarv lnsoe ction Aua 20 17 NTP -Notice to Proceed -Construction GC -General Contractor Sub -Substantial Completion ADV -Advenise for Bids CM • Construction Manager ------._.--.--.... -_:~- Schedule for C ity of Atlant ic Beach Police Facility Ex pans ion Responsible Party Owner AlE Proi Arch/Proj Manaaer AlE Pro· Arch/Pro · Manaaer AlE Pro · Arch/Proi Manaaer Owner AlE Proi Arch/Proi Manaaer AlE Proj Arch/Proj Manager CM Owner AlE Proj Arch/Proj Manager AlE Pro· Arch/Pro· Manaaer AlE Pro· Arch/Pro· Manaaer Owner AlE AlE Proi Arch/Proi Manaaer CM AlE Pro· Arch/Pro· Manaaer AlE Proi Arch!Proi Manaaer Owner CM Owner AlE Pro· Arch/P ro· Manager AlE Pro· Arch/Pro· Manaaer AlE Pro· Arch/Pro· Manaaer Owner AlE Owner I AlE Owner/AlE CM CM AlE Canst. Admin Specialist AlE Consl Admin Special ist CM CM/AJE Owner Owner/ AlE I CM OR • Owner Review 00 ·Owner Occupancy AJ -Anniversary Inspectio n 2015 Jan 1 NTP cs I I I I I OAC -Owner Architect Contractor Meeti ng Feb Mar 2 3 I I I I OR AS I I I I I I I I I April May Jun July 4 5 6 CM I OR ! I I ' roo l o R ' l ac CM CD CS -Conceptual Schematrcs AS· Advanced Schematics CO· Construction Documents QC -Quality Control Review MP -Master Plan I I I I I I Aua Sept 7 8 9 • ' I I I OR I CM 1PM I I l 2016 Oct Nov Dec Jan -July Aug Sept Oct Nov 10 11 12 13 19 20 2 1 22 23 I I I I I ~ ~~~~IYJr!• l tJ~·Uc1~ [;{:~~~ l~ilhfll!m I~ . 1 •1~"lrCI"'I~ ·::lc;, iil'tl ~~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I col I I I I I I I I I I I QC I I I I I I OR I I I I I I I I I I I I I I I I NTP • Buildina I I I I I l I I I I Construction 1 0 Months I I I I I I I I I lsubsla ntial I OACMTGS OAC Site Visits I I I IF1nal I I I I I I I I I I I l oo I I I I AHJ ·Authority Having JurisdtctJon - - r-- r-- r--,__ ,__ f- 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