10-12-15 Amended Agenda Packet #2 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
October 12, 2015 - 7:30 PM**
AMENDED AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Commission Meeting of September 28, 2015.
B. Approve the minutes of the Special Called Meeting of September 28, 2015.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
*A. Public Hearing- Request for a waiver from City Code Section 19-7 Driveway Limitations
to Allow a Circular Driveway at 1822 Seminole Road.
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 Public Works Project Status Report through 9-28-15.
B. Approve the extension of the contract with Beachcombers North, Inc. for Beach Cleaning
for one year, from November 1, 2015 through October 31, 2016, at the current level of
service of 4-5 trash pickups per week and raking on an event basis as directed (Bid No.
1213-13).
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 15-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING EXTREME
METHODS OF OIL AND GAS EXTRACTION, INCLUDING HYDRAULIC AND ACIDIC
FRACTURING OR “FRACKING” WITHIN THE STATE OF FLORIDA AND ITS ADJACENT
WATERS.
7. Action on Ordinances
A. ORDINANCE NO. 95-15-111, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 24, ARTICLE II OF THE CODE OF ORDINANCES, LAND DEVELOPMENT
CODE, TO AMEND SECTION 24-84, DOUBLE FRONTAGE LOTS; AMENDING SECTION
24-161, OFF-STREET PARKING AND LOADING; AMENDING SECTION 24-177 BUFFER
2
DESIGN STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
B. ORDINANCE NO. 95-15-112, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 24, ARTICLE IV OF THE CODE OF ORDINANCES, LAND DEVELOPMENT
CODE, TO AMEND SECTION 24-233, MAINTENANCE SECURITY; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business (Discussion only)
A. Natural Gas Franchise.
9. City Manager
A. 90-Day Calendar (October through December 2015).
B. Update on FIND Grant.
10. Reports and/or requests from City Commissioners and City Attorney
Adjourn
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page 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, forms for this purpose are available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City
Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing
special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, October 9, 2015.
_________________________________________________________________________________________________
* Amended on 10/7/15 to show Item 3A as a Public Hearing.
** Amended on 10/9/15 to change the time of the meeting from 6:30 to 7:30 pm.
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
September 28, 2015
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson VanLiere
City Attorney Richard Komando
AGENDA ITEM #1A
OCTOBER 12, 2015
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Call to Order/Pledge:
Mayor Woods called the meeting to order at 6:32p.m. Commissioner Hill led the Invocation, followed by
the Pledge of Allegiance to the Flag.
Public Hearings on Final Millage and Operating Budget
A. Public Hearing on adopting Resolution No. 15-08 for the Millage Rate
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD
VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL
TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2015 AND ENDING SEPTEMBER 30, 2016; STATING THE PERCENTAGE BY WHICH THE
MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN
EFFECTIVE DATE.
Mayor Woods explained the first item to be considered is the Adoption of the Millage Rate by Resolution No.
15-08, stating the Tentative Millage Rate is 3.3285; the Roll-back Rate is 3.1567; and the Tentative Millage
Rate is 5.44% higher than the Roll-back Rate.
She stated the purpose for adopting the millage rate of3.3285 is to maintain a level of ad valorem tax revenue
sufficient to maintain adequate funding for the existing level of services at the estimated cost and to continue
to maintain the City's infrastructure.
Motion: Approve Resolution No. 15-08 Adopting a Final Millage Rate for operating purposes of
3.3285.
Moved by Mark, Seconded by Hill
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. Public Hearings and Final Reading on Adopting Ordinance No. 20-15-132 establishing the
Operating Budget for fiscal year 2015/2016.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER
30,2016.
September 28,2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
OCTOBER 12, 2015
Page 2
Mayor Woods stated the second item to be considered is Ordinance No. 20-15-132 establishing the Operating
Budget for fiscal year 2015/2016 of$33,059,201. She stated she needs a motion to adopt Ordinance No. 20-
15-132 establishing the Operating Budget for fiscal year 2015/2016.
Motion: Adopt Ordinance No. 20-15-132 establishing the Operating Budget for fiscal year 2015/2016.
Moved by Mark, Seconded by Hill
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
1. Approval of Minutes
A. Approve the minutes ofthe Commission Meeting of September 14,2015.
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
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the
process for public comments. It was consensus of the Commission to allow 3 minutes per person.
Susanne Barker, 1938 Beachside Court, spoke in favor of the fracking resolution.
Tony Torgerud, 55 lOth St., stated due to the traffic at the Cloister on 1oth St. he is in favor of opening the
gate.
Kevin Cebeck, 10 10th St., #58, stated he has heard there is a document that states they are only supposed to
have one entrance and exit to the Cloister and asked that they consider which entrance to the Cloister they can
use.
John Debus, 2038 Wyndham Hollow Court, Jacksonville, spoke in favor of the fracking resolution.
Lorelle Weil, 10 10th St., #52, spoke in favor of opening the south gate at the Cloister.
Ron McBride, 10 10th St., #E-27, spoke in favor of opening the gate at the Cloister.
Chris Wadelton, 600 Ponte Vedra Blvd, Ponte Vedra Beach, distributed information on fracking and a
sample State resolution on banning fracking and asked that the Commission support this resolution.
Courtney Fernandez, 890 Beach Avenue, spoke against the gate being opened at the Cloister.
Judy Cebeck, 10 10th St., #58, spoke in favor of opening the south gate at the Cloister.
September 28, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
OCTOBER 12, 2015
Page3
Mary Ulrich, 151 Club Drive, stated emergency vehicles do have access through the south gate at the
Cloister.
Lisa Herrold, 659 Sherry Dr., spoke in favor of opening the Cloister gate.
David Reed, 812 Ocean Blvd., spoke against opening the Cloister gate and addressed bikes not stopping at
stop signs.
Joan Toney, 885 Beach Ave., spoke against opening the south Cloister gate.
Popeye Fontaine, 314 Sargo Rd., addressed parking on Cavalla Road and the abandoned building at Royal
Palms and Atlantic asking if anything is going to be done about it.
Chris Jorgensen, 92 W. 3rd St., addressed the town house variance, stated fracking should be handled by the
State government, spoke in favor of sonic blasting, stated Bennett property is a good buy, thanked the
Commission for the Freedom Fountain plaque, and a hole on Mayport Rd. is opening up again.
Bob Hines, 880 Beach Avenue, spoke against the gate being opened at the Cloister.
Butch Toney, 885 Beach Avenue, stated he is neither against nor for opening the gate; he would like to sit
down with somebody from the City and the Cloister and work this out.
Brogan Taylor, 32110th St., spoke in favor of opening the gate to the Cloister.
John Mahler, 190 Club Dr., spoke against opening the gate to the Cloister.
Alan Gleit, 10 10th St., #32, spoke in favor of opening the gate to the Cloister.
John November, 271 East Coast Dr., thanked the Commission for their vote on the Bennett property. He
explained the short sale agreement will require a realtor for the seller. He stated they have gotten a realtor
who lives here in Atlantic Beach who has agreed to take the nominal fee of $500 as the seller's agent in order
to move this deal forward. He stated that does not affect the City's cost. He stated the City Manager will
need to execute the purchase and sale agreement with an amendment stating there will be a listing agent.
Jeff Roskein, 849 East Coast Dr., spoke against opening the south gate at the Cloister.
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
Item 8C was taken out of sequence and acted on at this time.
8C. 1oth Street Parking.
Public Works Director Doug Layton stated the City did a parking study on 1oth Street and presented slides of
the lOth Street parking explaining the issues with the parking and possible solutions. Mayor Woods stated
they need to have a way for cars to tum around when they find no parking space. Commissioner Daugherty
stated he is against doing anything that loses any parking spaces. Commissioner Hill suggested leaving the
angled parking and make one for tum-around with a Low Speed Vehicle space. Commissioner Mark asked if
they could reverse the angled parking. Mr. Layton stated it is too tight to do that. Mayor Woods stated she
would like to give staff direction to continue to work on a solution.
September 28,2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
OCTOBER 12, 2015
Page 4
It was the consensus of the Commission to move this forward to the next agenda for further discussion.
Item 8B was taken out of sequence and acted on at this time.
8B. Cloister South Gate Opening.
Mr. Van Liere gave the background of the Cloister's gate opening request. Mr. Komando stated he is
researching whether there are any additional restrictions when the conversions from the PUD took place.
Discussion ensued. Mayor Wood stated there were citizens who wished to speak on this subject.
JeffWeil, 10 10th St., Unit 52, asked why is Atlantic Beach trying to take away the Cloister's right to access
a public street that was approved 40 years ago when the Cloister was developed. He gave the background of
the opening/closing of the south gate at the Cloister over the past 40 years.
Meade Coplan, 10 10th St., #61-K, stated after the Cloister's owners voted the first time to allow the
permanent usage of the south gate for traffic exiting the Cloister, she confirmed from Public Safety, Public
Works and Permitting Officials that there were no public safety issues or concerns, and no permits required to
activate the gate. She also gave a drawing to the Commission.
Jeff Weil pointed out that the emergency access to the gate, which was automated, has been turned off since
the City of Atlantic Beach requested them to shut down the gate and not open it. He reiterated they have been
provided reports from both recent Police Chiefs stating there are no safety concerns with the permanent
utilization of the south access for exiting vehicles. He stated they also provided a report from their traffic
engineer recommending the change for safety reasons. He stated they will be installing this week all of the
traffic control devices recommended by Chief Deal. He stated to relieve some of the long-time bottleneck,
congestion and safety hazards from cars backing up through the stop sign at 1oth St., the Cloister owners, after
receiving approval from Atlantic Beach, have spent over $20,000 in the past year to help improve the
pedestrian, bicycle and vehicle safety on the 1oth St. access. He stated there are over 200 households within
one block of the north gate and are probably 30 households within a block of the south gate, five to seven
directly affected. He stated attempts to deny and restrict access which was approved and permitted over 40
years ago would be very unfair and indeed troubling.
Harry Ulrich, 151 Club Drive, presented the Commission with a petition of 250 signatures. He stated he
doesn't believe they have properly addressed all the questions or had an opportunity to challenge assertions
and believes there are too many unknowns to make an informed decision tonight. He stated they
acknowledge the traffic concerns in their immediate neighborhood and believe there is a need for a
comprehensive solution. He asked the Commission to defer any decision on the South gate until a study can
be done to develop options, not single point solutions, and address the concerns of all the affected neighbors.
He stated they are convinced they can sit down together with subject matter experts, professionals and traffic
safety and traffic management, and they can bring the Commission a solution. He stated they ask for that
opportunity.
Discussion by the Commission ensued. Mr. Komando reiterated that he is still researching the PUD issue.
He stated they could probably handle this with an SPA or something similar, like they did with the Habitat
project and the Country Club. He stated it would probably be very much the same process as what occurred
in the past. He stated since they are not going through that same process, we are in a different posture now
than we were at that time of permitting and zoning. He stated he is looking to see if there is a continuation of
the restrictions that were originally imposed as part of the PUD.
September 28, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
OCTOBER 12, 2015
PageS
It was the consensus of the Commission to give staff direction to facilitate a meeting to discuss a solution.
Mayor Woods recessed the meeting at 8:25p.m. She reconvened the meeting at 8:33p.m.
3. Unfinished Business from Previous Meetings
A. Public Hearing -Request for a waiver from City Code Section 19-7 Driveway Limitations to
Allow a Circular Driveway at 2349 W. Ocean Forest Drive.
Motion: Approve requested waiver to City Code Section 19-7 requirements for 2349 W. Ocean Forest
Drive.
Moved by Mark, Seconded by Daugherty
Doug Layton explained the waiver.
Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
B. Public Hearing -15-CGTA-1060 and 15-CGTA-1061-Amending the text of the
Comprehensive Plan and Future Land Use Map related to Atlantic Beach Country Club
Annexation.
Jeremy Hubsch stated these are some Comprehensive Plan amendments required to meet Florida Statutory
requirements related to the country club annexation. He summarized the amendment of the text stating it was
to specifically put in the Interlocal Service Boundary Agreement and gave a slide presentation showing the
area to be annexed and future land use map. Discussion ensued. Mr. Hubsch answered questions from the
Commission. Mayor Woods asked if there is specific language that addresses the recreational easement. Mr.
Komando stated the Future Land Use designation is not where you would record an easement or restriction.
He stated the Future Land Use, as the Comprehensive Plan, guides division of if any development were to
occur what those restrictions are then below that future land use designation, zoning has to comply with the
Comprehensive Plan and be consistent with the goals, policies and objectives that are outlined by the City.
He stated understanding that the zoning is the underlying part of the Future Land Use designation, that zoning
is what is replaced by the SPA and those restrictions. Mr. Hubsch stated they could carve out the part that is
the recreation easement. He stated that would take a while for them to map it and survey it but they could
then map it out. Mr. Komando stated in order for that to ever change it would have to come back for a Comp
Plan amendment before the Commission. He stated it couldn't be very easily changed. He stated he and Mr.
Hubsch would have to get together and do that. Mr. Hubsch stated it will delay the process but if they want
them to do that they can. Mr. Komando stated now would be the time since they are sending this infmmation
to the Department of Economic Opportunity and they have to provide feedback/comments to us before we
submit and the ordinance is approved by the Commission so ifthere are changes they don't want to do it after
they have already provided comment. Mr. Komando stated they will get it on the Community Development
Board's next meeting of October 20 so it will come back before the Commission the last meeting in October.
September 28, 2015 REGULAR COMMISSION MEETING
It was the consensus of the Commission to have staff bring this back.
C. Renewal of Liability and Workers' Compensation Insurance.
AGENDA ITEM #lA
OCTOBER 12, 2015
Page6
Human Resources Director Cathy Berry explained the renewal stating her recommendation is to approve all
of them and authorize the City Manager to sign the renewal documents.
Motion: Approve renewal of all liability and workers' compensation insurances for the next year and
authorize the City Manager to sign related insurance renewal documents.
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
D. LIUNA Local630 "Blue Collar" Union Contract extension.
Ms. Berry explained the extension stating her recommendation is to approve extension of the current contract
for another year and then start after October 1 renegotiating a new 2-year contract.
Motion: Authorize the City Manager to sign the attached agreement to extend the current LIUNA
Local 630 "Blue Collar" contract for one year, including the wage proposal.
Moved by Mark, Seconded by Hill
Commissioner Hill asked that staff invite the representative to concur so they know they are getting it from
both sides and that the statements are accurate. Ms. Berry stated she did invite him and they did ratify this
already. She stated this is just the final piece. Commissioner Daugherty asked why they didn't have a shade
meeting for this. Ms. Berry stated on this one there wasn't anything to discuss and because we didn't have
any issues with the contract, they thought this was a good compromise.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
E. Coastal Florida PBA Negotiations 2015-2018 Contract.
Ms. Berry explained they started from scratch on this contract and the City Attorney, City Manager and she
were involved in the union negotiations. She stated they did discuss the need for a shade meeting. Mr.
Komando further explained there was a significant amount of Commission direction that talked about putting
together retention and recruiting policies which he believes the City Manager spoke individually to each of
the Commissioners about as to what their direction was. He stated if there was a point where they felt like
there wasn't unanimous direction for that is when they would have called the shade meeting. Commissioner
Hill stated he agreed with Commissioner Daugherty that when there is a change in a contract there should be
a mandatory shade meeting.
AGENDA ITEM #1A
OCTOBER 12, 2015
September 28, 2015 REGULAR COMMISSION MEETING Page 7
Motion: Authorize the Mayor to sign the attached three-year (2015-2018) agreement with the Union.
Moved by Mark, Seconded by Hill
Discussion ensued. Ms. Berry asked that they clarify whether they want shade meetings for the new three-
year contracts or do they want it every year when they can open wages and one other article. Commissioner
Daugherty stated he would like it every year. Commissioner Hill stated if there is a change of any
significance they would like an opportunity to openly discuss it. City Manager Van Liere stated these were
pending budget approval but they have already approved the budget earlier tonight. Mayor Woods stated
since they are going to have a new Commission, they should probably check with them about the shade
meetings.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, 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. Declare list of property as surplus so that it may be disposed of in the most beneficial way to
the City.
B. Authorize the City Manager to enter into a new one-year agreement with Langton and
Associates, with the same terms and conditions as contained in the current agreement.
C. Extend the annual contract for landscape maintenance of Atlantic Blvd. Medians, Town
Center, Mayport Rd. Flyover Areas, Mayport Road Medians, City Parks and Common Areas
to R&D Landscape & Irrigation, Inc. for one year at the current prices (Bid No. 1011-24).
Mayor Woods read the Consent Agenda.
Commissioner Beckenbach pulled Item B.
Motion: Approve Consent Agenda Items A, C as read.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
Commissioner Beckenbach stated they have spoken in the past about whether or not they were going to
continue with this. He asked the City Manager what he felt was worthwhile with having the consultant this
year.
September 28, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
OCTOBER 12, 2015
PageS
City Manager Van Liere explained all of the Department Heads are capable of doing grants and have
customarily done them in the past. He stated Mr. Langton acts as a facilitator to help us decide which grants
are best applied for and helps match up funding sources with our needs. He stated as they have gotten to
know him better and he has gotten to know us better they believe it will pay off this year coming up.
Michael Langton, 1300 Oak Haven Road, further explained our grant proceeds this year were $62,000,
stating that was with a lot of cooperation from staff. He stated you have to go through a lengthy process of
understanding the needs of the local government in terms of needs assessment and creating a calendar of
grants they want to pursue. He stated they have narrowed it down to 12 different grants that they want to
strategically approach this year and go after. He stated it is typical that you start a little slow but by the end of
the second year you should be generating a few hundred thousand dollars and, if not, they should look at that.
He stated he has taken over this contract, personally, to manage.
Discussion ensued.
Motion: Approve Consent Agenda Item B as read.
Moved by Daugherty, Seconded by Mark
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
None.
8. Miscellaneous Business (Discussion only)
A. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular
Driveway at 1822 Seminole Road.
Mayor Woods asked Doug Layton if they are starting the process to have the Community Development
Board look at circular driveways. Mr. Layton stated he understands we are.
Mr. Layton explained the waiver. He stated the applicant, Mr. Schmidt, was here tonight. He showed a slide
of the original driveway and the new driveway. He stated the driveway was already built. It didn't have a
permit and the City stopped it. He stated there was some confusion about it; the applicant thought they had a
permit and moved forward and built it. He stated they wanted to bring it to the Commission to get it
approved rather than have staff tell them to tear it out.
September 28, 2015 REGULAR COMMISSION MEETING
It was the consensus of the Commission to move this forward to the next agenda for action.
Don Schmidt, 1822 Seminole Road, further clarified the issue with his permitting process.
Discussion ensued.
B. Cloister South Gate Opening.
This item was taken out of sequence and acted on earlier in the meeting.
C. 1oth Street Parking.
This item was taken out of sequence and acted on earlier in the meeting.
D. Proposed Resolution on Banning Fracking Statewide.
AGENDA ITEM #lA
OCTOBER 12, 2015
Page9
Commissioner Mark stated this was discussed at the last meeting but they had some Commissioners who had
questions about it and wanted to do more investigation. Discussion ensued.
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 (August through October 2015)
Mr. VanLiere reported this Thursday is the Board/Committee Member Reception at Adele Grage at 6:30
p.m.
He stated they are looking forward to getting started on the new budget and, on behalf of the employees, the
raises included in this year's budget will be much appreciated.
Mr. VanLiere asked Mr. November to give clarification on the issue with the purchase and sales contract so
they can get a consensus on what it is he is expected to do. Mr. November stated at the last meeting there was
a motion to authorize the City Attorney and City Manager to proceed with the necessary purchase offer for
280 Camelia St. He stated they want to keep the agreement the same; the only difference is that the seller is
required to have a realtor in order to submit the documentation through Home Path. Mr. Komando stated any
change to the contract, he advises should come back to the Commission. He stated the contract originally
indicated there wouldn't be a real estate or broker involved; that is going to change to indicate that a real
estate agent is involved and that person will be paid a fee of $500 for listing the property on MLS. He stated
at that point the bank's requirement will be satisfied, but that doesn't automatically mean the bank will accept
our offer. Discussion ensued.
It was the consensus of the Commission to accept the change to the contract.
10. Reports and/or requests from City Commissioners and City Attorney
September 28,2015 REGULAR COMMISSION MEETING
Commissioner Hill
AGENDA ITEM #L~
OCTOBER 12, 20!5
Page 10
• Stated he will not be here for the meeting on October 12. Mayor Woods and Commissioner
Daugherty stated they will not be at that meeting either. Mayor Woods stated since there won't be a
quorum, she will change her plans and will be here.
City Clerk Bartle
• Stated they need a volunteer to do minutes for the Town Hall meeting on October 3. Commissioner
Mark stated she will not be here for that meeting. Mayor Woods stated she would do the minutes.
Commissioner Beckenbach
• Congratulated Commissioners-elect John Stinson and Blythe Waters and Mayor-elect Mitch Reeves,
stating he looks forward to them taking over and doing the best job they possibly can.
• Regarding the Special Meeting, it was interesting to note that they didn't have two people who are
neighbors working together, unfortunately. He stated it would be best ifthey end up working toward
neighbors working together in the City and is pleased that the second order of business regarding the
Cloister condominiums worked in a positive way and he appreciates those people who ended up
saying they would work together. He would like to see more of that.
Commissioner Hill
• Stated there was an email sent that indicated that Commission Mark did not apologize to the
individual in the incident that took place. He asked Commissioner Mark to confirm whether she had
or had not. Commissioner Mark stated she specifically apologized to the individual that night.
Mayor Woods
• Reiterated that Commissioners Hill and Daugherty will not be at the next meeting.
• Thursday night is the board meeting reception and she appreciates everyone who serves on our
community boards through the years.
• Saturday is the Town Hall meeting.
• Staff needs to focus on permits being issued that shouldn't be issued and fix this.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 9:26 p.m.
ATTEST:
Donna L. Bruile, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
MINUTES OF SPECIAL CALLED MEETING OF
AGENDA ITEM #lB
OCTOBER 12, 2015
ATLANTIC BEACH CITY COMMISSION HELD ON SEPTEMBER 28, 2015
PRESENT: Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
ALSO: Nelson Van Liere, City Manager
Rich Komando, City Attorney
Donna L. Bartle, City Clerk
Call to order.
Nancy E. Bailey, Recording Secretary
Court Reporter for Appellants
Mayor Woods called the Special Called meeting to order at 5:02p.m. in the Commission Chamber. She
asked that the Commission disclose any ex parte communications they have had. Commissioner Mark
stated she spoke with Dr. Doward before the last Commission meeting and received a package of
information from him that included a letter he wrote to Dan Arlington and the Alta Engineering building
envelope evaluation. She further disclosed she received an email correspondence from the attorney who
is representing Bosco in a separate lawsuit that is involving the prior business relationship Dr. Doward
had with Bosco at that time. Commissioner Hill disclosed Dr. Doward had contacted him that this
matter was coming before the Commission but they didn't talk about any of the details other than that
there was an issue with the siding. He stated he received the same package from Dr. Doward in the mail
but did not get anything from Bosco. Commissioner Daugherty disclosed he received a phone call from
Brian Platick, realtor, asking him to talk to the doctor. He stated he also received the same packet and
emails everyone has received. Commissioner Beckenbach disclosed he received a phone call and the
packet with the building envelope evaluation. Mayor Woods disclosed that she also received the packet
from Dr. Doward and had a conversation with him.
City Attorney Rich Komando asked the Commission to acknowledge whether the packet and the
conversations they received will not impair their ability to make a fair and equitable ruling in this case.
Commissioner Daugherty stated he didn't even look at it. Commissioner Hill stated there was no
information that they didn't gather from the publicly noticed meeting that was in any part of the
conversation. He stated he forgot to mention that they all heard from both parties briefly during the last
meeting. Mr. Komando stated both parties are here tonight and both received notice of tonight's
hearing. He asked Building and Zoning Director Jeremy Hubsch to outline some of the procedures and
what occurred that got us here this evening.
1. Appeal ofVariance Approval-15-ZV AR-1035
Mr. Hubsch summarized the background and overview of the variance showing slides of the site and
building. He answered questions from the Commission.
AGENDA ITEM #1B
OCTOBER 12, 2015
Troy Roarke, 620 Turning Leaf Avenue, St. Johns, The House Authority Inspection Service, home
inspector for the Roys, gave his background and qualifications.
Christopher Iseley, attorney for Dr. Doward, objected to new evidence presented before the
Commission today that was not previously presented to the Board to render the decision which is on
appeal today.
Anjna Roy, 90 Ocean Blvd., stated her objection to Mr. Iseley is that this is not new evidence
explaining she has the transcript from the July 21 hearing, a copy of which she gave to the Commission
and the City Clerk, where she mentioned Mr. Roarke conducting this home inspection.
Mr. Komando stated they are jumping all over the place and they have a lot of lawyers here and he
believes everyone understands that the formal rules of evidence don't apply to a quasi judicial hearing.
He asked they explain to the Commission the basis for their appeal. Mrs. Roy stated the basis for her
appeal is basically that it is in violation of the Code. Mr. Komando clarified that her position is that the
Community Development Board's (CDB) decision on 7/21/15 violates the Code. He asked that she tell
the Commission why Mr. Roarke's testimony is important. Mrs. Roy stated CDB member Elmore and
Ron Woods discussed the habitability of 90 Ocean Blvd. and alluded that their house had mold and
water intrusion issues without any independent inspection. Mr. Komando further clarified that her
position is that the decision to grant the variance was based on this incorrect information. Mrs. Roy
stated yes. Mrs. Roy answered questions from the Commission.
Mr. Roarke stated he did a mold assessment and water intrusion assessment on 90 Ocean Blvd. on July
31 and there were no visible anomalies and no visual evidence of moisture intrusion but there was a leak
from the roo£ He also reported the mold inspection came back in good quality. He answered questions
from the Commission.
Anjna Roy, 90 Ocean Blvd. stated she and her husband are the appellants in the case. She presented
her case stating the applicant does not have valid grounds for a variance. She stated if the applicant had
applied for a building permit this would not have happened because he would have followed Code. She
stated since there is not a valid basis for granting a variance, it was improper for the CDB to grant one
and the Commission is obligated to reverse the CDB's decision.
Dr. David Doward, 88 Ocean Blvd. presented his case, stating it has been over 2 Yz years that he has
not been able to live in his house. He stated it is really difficult when you try to do the right thing and
you have people working against you. He stated he hopes the Commission will uphold the variance.
Mr. Komando stated the Roys have provided an affidavit from Brett Newkirk and also an IAQ Mold
Assessment Report and asked Dr. Doward if he had copies of those reports. Dr. Doward stated he did
not have copies. Mr. Komando gave Dr. Doward two reports that had been presented tonight and asked
if, before we finish tonight, he had any response to those reports. Dr. Doward stated he has not read
them but Brett Newkirk did a report that said this engineer was brought in to say what the problems are
in this building. He stated the problems are: you have a massive water intrusion problem, you need to
take off all the stucco, take out all the windows, doors and scuppers and redo the roof. He stated if you
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AGENDA ITEM #lB
OCTOBER 12, 2015
want to put stucco back on it, good; you need to put something back on it. He stated if Brett Newkirk is
standing by his report and that is what he said as his analysis of the building, he agrees with him. Dr.
Doward stated this is a preliminary report; Mr. Newkirk wasn't a part of renovating and he also doesn't
know the other extensive structural issues, but because they did their work, they are aware of it; and it
would probably alter his decision as well. He stated as far as the mold report; people get paid to say
whatever. Mr. Komando asked if there was anything else Dr. Doward wanted the Commission to
consider tonight. Dr. Do ward stated he believes that wraps it up. He stated if there are any issues the
Commission wants clarification on, he has his team of experts here to clarify. He stated he would like
Ron Woods to speak to clarify the issues.
Mayor Woods stated there is a report that said there were a lot of mold issues and asked if that report
was done on both sides of the property and what year that was. Commissioner Mark stated that is the
Alta report that was dated August 27, 2012. She stated the original owner and the Roys had requested
this evaluation. Mr. Komando stated, if the Commission is not already aware, there is a separate civil
litigation and there was a settlement related to that issue. Dr. Doward stated there was a Remkiss report
that described a bunch of mold in both buildings, originally. Mayor Woods asked what year that was
done. Dr. Doward stated he believes that was done when the Alta report was done; he doesn't have it
with him. He stated it was before he bought the property. He stated he didn't base his renovations on a
mold report; he based them on a structural report, which was the Alta report.
Anjna Roy objected to any new evidence that Mr. Woods will testify to. Commissioner Daugherty
asked the City Attorney if they are allowed to hear new evidence. Mr. Koman do stated you can; both
sides need to have an opportunity to respond and provide any rebuttal.
Ron Woods, consulting engineer for Dr. Doward, stated everything he said in the previous meeting had
to do with the Alta report with regard to this particular residence. He further explained the issues of
using stucco on this building because of its proximity to the beach and why he would not recommend its
application. He answered questions from the Commission.
Mr. Hubsch explained the permitting issue, stating there was initially a permit to do the stucco siding but
Dr. Doward changed his contractor and at that point they did not permit the change to lap siding and
when the City staff saw the lap siding they put a stop work order in. Mayor Woods asked if a permit
would be required to change siding from stucco to lap siding. Mr. Hubsch stated yes, they would need a
siding permit for that. He stated there is some miscommunication about how this went down. He stated
they had an active permit on the stucco and when the contractor switched, the applicant's representative
said they came in to our front-end staff and said they were getting a new contractor and they allege that
our staff said they don't need to update the original permit, which is why we didn't see that it switched
from stucco to lap siding. He stated later they were out in the field and someone saw it and put the stop
work order on it. He answered questions from the Commission.
Commissioner Hill asked, in an unrelated normal remodel permitting, if there wasn't a neighbor who
had a dispute with it, would they have to re-permit if they found out that stucco hadn't been adequate
and they wanted to switch to hardy planking. Building Official Dan Arlington stated yes and explained
there would have been two permits; an interior remodeling permit and then a siding permit.
Commissioner Hill asked if they had a siding permit and were underway and switched siding materials
does it require another permit. Mr. Arlington stated, yes, they would have to know that to make sure the
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AGENDA ITEM #lB
OCTOBER 12, 2015
products met the Florida product approval. He stated there is a Florida Statute that requires Florida
product approval on all products on the exterior of a building and staff needs to see the Florida product
approval numbers and documents for each material.
Mr. Woods explained the difference in stucco and lap siding related to how they handle water that
comes into the side of a building.
Mr. Komando asked ifthere was any rebuttal evidence either party wanted the Commission to consider.
Mrs. Roy gave her rebuttal. She and her husband, Saswata Roy, answered questions from the
Commission. Discussion ensued.
Dr. Doward gave his rebuttal. He reiterated they never tried to not bring in the permits and drawings for
the change from stucco to lap siding. He stated his contractor and architect came in personally. He
stated they brought in those permits and were told by the clerk that they did not have to submit these
plans and they thought they were actually helping them out because they have had so many problems
with the building, stating he wanted to make that clear, for the record.
Mr. Komando stated the reason they are here is to decide, if they look at the related ordinances under
24-49 (b), whether or not the decision that is being appealed is in conflict with or in violation of this
Chapter. He stated at this point, so the record is clear, the options of the Commission are to grant the
appeal and reverse the Community Development Board's decision which approved the variance or to
deny the appeal and uphold the Community Development Board's decision based upon the grounds that
are in the second section of the related ordinances under 24-64 for variances, under either subsection (c)
1-7 or (d) 1-6. He asked if there was anything else either of the parties thinks the Commission should
consider. He stated he believes due process was afforded tonight.
Eric Andeer, Attorney for the Roys, stated the Commission has heard a lot of testimony today about
things that have nothing to do with their determination. He stated this is solely about whether or not the
variance that was granted adheres to the Code here in Atlantic Beach. He stated it is the Roys' position
that it does not adhere to the Code. He stated the variance itself says that it was granted because of
circumstances preventing a reasonable use of the property as compared to other properties in the area.
He stated the unequivocal evidence before them is that the Roys live in a building that is attached to Dr.
Doward's and their use and enjoyment of their property is not affected at all by the fact that they have
stucco on the building. He asked that they consider only that which is relevant that they have heard
today. He stated it is the Roys' position that if they do that they will overturn and decide that this order
granting this variance is improper and not in accord with the rules that govern this lovely beachside
community.
Commissioner Hill asked what is the next step available to both sides if they choose to carry this matter
on or is the Commission the fmal word in this no matter what. Mr. Koman do stated the decision of the
appeal can be appealed to the Circuit Court.
Motion: Grant the appeal and reverse the decision of the Community Development Board.
Moved by Daugherty
-4-
The Motion failed for lack of second.
AGENDA ITEM #lB
OCTOBER 12, 2015
Motion: Deny appeal and uphold the Community Development Board's decision based on Section
24-64 under subparagraph (d), subparagraph (3), grounds for approval of a variance creates
exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
Moved by Mark, Seconded by Hill
Discussion ensued.
Commissioner Hill asked if the Commission's action will in any way relieve the requirement on that unit
permanently or does the other side have to come to that standard now. He stated they don't want to start
another battle where they both have to match for other reasons.
Mr. Komando stated if the variance is upheld then they will be different at this point going forward
anyway so if the other side is made to match it would comply with our Code so he doesn't see that it
would be an issue either way.
Commissioner Beckenbach asked if both colors would have to be the same with this variance. Mr.
Komando stated yes.
Votes:
Aye: 4-Beckenbach, Hill, Mark, Woods
Nay: 1-Daugherty
MOTION CARRIED
Adjournment
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 6:29 p.m.
ATTEST
Donna L. Bartle, CMC
City Clerk
-5-
Carolyn Woods
Mayor
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM 113A
O CTOBER 12,2015
AGENDA ITEM: Request for a waiver from City Code Section 19-7 Driveway
Limitations to A llow a Circu lar Driveway at 1822 Seminole Road
LJ~C ~~-
suBMITTED BY: Douglas E. Layton, PE
Public Works Director
DATE: 8/27/15
BACKGROUND: Applicant has requested a waiver from two code requirements for a
circular driveway at 1822 Seminole Road.
BUDGET:
1. The lot frontage is 91 feet rather than the 100 feet required.
2. Requesting the preexisting portion of the driveway to remain 18'
wide rather than the 12' required
City Code Section 19-7: Construction of driveways in rights-of way
contains the following requirement:
{f) "Maximum driveway width for circular drives shall be (12) feet,
and circu lar drives shall only be permitted on lots having at least
one hundred-foot frontage ."
No budget consideration
RECOMMENDATION: Consider approva l of requested waiver to
City Code Section 19-7 for this lo cation.
ATTACHMENTS: 1. Waiver Application for 1822 Seminole Road .
2. Permit drawing
REVIEWED BY: =ei. ~an c#UJ1A;
Nelson Van Liere, City Manager
17 July 17, 2.015
Statement of facts for applying for a Building Permit Waiver, Case number 15-127:
To whom it may concern,
AGENDA ITEM# 3A
OCTOBER 12, 2015
My wife and I purchased the property at 1822 Seminole Road, Atlantic Beach Florida the 23rd of
February this year. Although we did not move into the property until the 241h of June, we made several
trips to the property to visit and work on the house. During those visits we discovered the difficult
nature of backing out of the driveway onto Seminole Road and the potential danger involved.
Additionally, I am a 40% service disabled veteran (VA disability letter provided) with back and neck
issues and have had surgery on L3, L4 and L5 on my lower back in 1995 and more recently in 2011 had
Anterior Cervical Discectomy with Fusion (ACDF) on C-6 in my neck, resulting in limited range of motion
which further complicates the driveway access and backing out onto Seminole road.
Because of the above stated concern with safety and my issues with range of motion due to my
service connected disability I contacted a contractor, Mr. Scott Frazer of Grace Construction, in late April
to see about expanding my driveway. The contractor and I agreed that a circular driveway would be a
good solution and settled on a price to include him applying for all required permits. The contractor
applied for the permit and during that process discovered the requirement for 100 feet of frontage and
my property being only 91 feet was 9 feet short. My contrac.tor contacted the building permit office for
the City of Atlantic Beach (CoAB) and was eventually referred to Mr. Doug Layton. During that
discussion Mr. Layton informed my contractor that a waiver was the proper avenue to pursue. My
contractor had me sign the waiver form and I was under the impression that a request for waiver had
been submitted. Approximately a week after meeting with Mr. Layton my contractor was contacted by
the CoAB Building Code Department and told to come pick up the approved permit.
The contractor after discussion with the Building Code Department folks paid for and was given
a permit with a drawing attached showing the circular driveway. The contractor contacted me stating
we were approved and he was progressing with the work to include pouring of the concrete.
A short time later, I believe the 26th of June I received a certified letter from the CoAB Permit
Enforcement Department informing me I was in violation of the code. I contacted the referenced
person for questions in the letter, Mr. John Markee on Monday the 29th of June and requested a phone
call to discuss this matter. Mr. Markee and I talked the next day and I explained the situation as I
understood what had transpired. Mr. Markee told me to bring in my permit and show him what I had
and we would go from there. I did as instructed the next day showing Mr. Markee and several other
employees the permit and associated drawings and paperwork that my contractor was given by the
permit office and was told that the permit was not valid. During the discussions I explained the meeting
my contractor had with Mr. Layton and how I was under the impression we had received a waiver. Mr.
Markee said that we would need to talk to Mr. Layton but that he was on vacation, but when he got
back the following week I could talk with Mr. Layton and try and figure out what had happened.
The following week, Monday 6 July, I contacted Mr. Layton and he explained that in fact I did
not have a waiver but the permit was approved for an alternative stub driveway 10 feet wide by 40 feet
long, however the approved permit was issued with the circular driveway drawing attached by mistake
and Mr. Layton said that was an error on their part. This was again confirmed by another employee in
AGENDA ITEM# 3A
OCTOBER 12, 2015
the permit office, a Ms. Jennifer Walker (I believe that is her name). Unfortunately, due to no fault of
mine or my contractor we understood because of the approved permit and attached drawing that we
were approved and authorized to proceed with the project and complete the concrete pour. This was
not malicious in nature or any attempt to circumvent the permitting process, just a mistake in the
process made by the permitting office.
In light of the above statement with respect to the general safety concern backing out of my
drive way onto Seminole Road, the compounding issue of my neck and back problems and the fact that
that the CoAB Building department issued an approved permit for circular driveway by mistake, but did
in fact issue a permit for circular driveway, I respectfully request a waiver of 9 feet, and ask that the
completed driveway project be allowed to remain in place.
Very Respectfully
Donald H. Schmitt
USN Retired
1822 Seminole Road
Atlantic Beach, Florida 32233
804-586-6778
Schmittdh56@gmail.com
Doc#, 2015044023, OR BK 17077
02/25/2015 at 03:48 PM, Ronnie
~CORDING $18.50 DEED DOC ST
P~ By nnd Return To:
Kendall1itle Services Inc.
12051:1 Sa.'l Jose Blvd. # 204
Jecksonvrue, FL 32223
Fll~ Mo. KT16-01037
Page 1262, Number Pages: 2, Recorded
Fussell CLERK CIRCUIT COURT DUVAL COUNTY
$3024.00
Properbj Appmloor'a Parc<ll!.D. (folio) Num~)
172020.{15(!8
WARRANTY DEED
THIS WARRANTY DEED dated February 10, 2015. by Gary l. Stepp and Kathleen C. St»pp, l·lusb-:3nd
and Wife, whose post office address 1s 650 N. st. Johns Drive, Camphill, PA 1i011. hereinafter called
the grantor, to Donald H. Schmitt, Jr. and Nancy Jo Schrnltt, whose post office address is 1822
Semlno'.e Rd.,Allantfc Beach, FL 32233, hereinafter ca~ed !he grantee:
{Wherever used herein the terms "grantor" and "grantee" include all the parties to this
Instrument and the heirs, legal representatlltes and assigns of ln:iividuais, and the
successors and assigns of corporations)
W!TNESSEfH: That the grantor, for and In consldsraticn of the sum of $10.00 and other valuable
consideration, receipt whereof is hereby a !:knowledged, hereby grants, bargains, sells, aliel'lS,
remises, releases, conveys, and confirms unto the grantee, all the certain !and sitUated in Duval
County, Florida, to wit:
Lot4, Block 1, Selva Marina Unit No. fl. according to the plat thereof, recorded In Plat
Book 35, Page{s} 20, of the Pubflc Records of Duval County, Florida.
Subject to easements, rectrictions. reservations and limitations of record, If any.
TO 1-!AVEANO TO HOLD the same In Fee Simple iorever.
AND the grantor hereby covenants with said grantee that the grantor ls lawfuHy selz.ed of said land in
fee simple; that the grantor hes good right and !awful authority to sen and convey said land; ihat the
grantor hereby fully warrarrts the 1ftle to said land and wia defend the same against the lawful ciaims or
all persons whomsoever. and that said land is free of all encumbrances, except taxes aceruing
subsequent to: December 31, 2014.
Wrmo~ De<d (lrniM<ti.UJl to lmlMduaiJ
AGENDA ITEM #3A
OCTOBER 12, 2015
OR BK 17077 PAGE 1263
.· .. ·:
.........
IN WITNESS WHEREOF, the sakl grantor has signed and~ t!lesa pr~ents the day !ltld ye~<r first
above vJritten.
camph~~ f'A 17011 .
(Add;;$s}
AGENDA ITEM# 3A
OCTOBER 12, 2015
l/ /J J ltv y ~ AGENDA I TEM# 3A
11 ~ ~0 '> { ~ t . ./ J A OCTOBER 12,201 5
(j p/ tV f;. l CITY OF ATLANTIC
0f_, i· ~ () ( / ~\\
{/ ~~(v
DEPARTMENT OF PUBLIC WORKS
12(10 S~nclpipcr lRnl'
Alhull ic B~~~h.I'L 1 2V.1 -~JI/!
TELEPHONE: (IJ04) l.P·~IiJ-1
FAX : (90•1)2•17-584:1
TO:
Owner
1822 Seminole Rd.
Atlantic Beach, FL 32233
W\11\Y.COIIb.us
DATE : 5-20-15
PERMIT# 15-DWAY-1177
TYPE : Driveway Concrete Apron
Your permit app lication has be en denied by the Public Works Department for the reasons
listed below. Please submit this infor mation at your earliest convenience in order t hat we may approve
your application. If you have any questions, please contact Doug Layton, P.E., Pub lic Worl<s Director at
904-247-5834 or email dlavton@coab.us.
PUBLIC WORi<S CORRECTION ITEMS:
(Su~mit;he fo/low~ing information to the Public 7pJment)
'~"~'Proyid e d r ainage ans s owing sit e topogr~J!l'fly (flow arrbws, etc.) /,.. '~'*Prqvld e lmp e~ us surf ce ca lculations JP-f the enti re lot(ex isting and"' post constructi o n).
''*sf'c:tion 2E-6 {b} of thelland Derelop -e nt R egulat ions;fequires .on'~s ite sto rage fo r increased run -off if
ad1mg 400 S or more im'pervious su ce. Provide D21 a Vo lur:n{ ca lcu lations and on -site rete ntion
reF,_ulred P}l Section 24-d6(b). ~ ~~'tCircu~/ driveways are/ n~t .a llred on lots w ith less th 100' frontage.
• PrcjCie a pre -constru~.opographic survey pr(~ ed by a Florida Licensed Professional Land
S OJeyor, showing 1' contours. Need elevation of dr6posed retention pond.
PUBLI C WORKS CONDITIONS OF APPROVAL:
(The following comments will be printed on )'Our permit' as Conditions of Approval)
.... 1~).¢~.c;re)e ?.rill,way,a·p'9bn.~.m'Lifot b.~ S';7th i;l~;"'4~s(tviti).Ji~from edge of pavement to
ttWpreperttffne. Re riiforc~ rots{orlneMr"e not alloweVnthe right-of-way.
"""F ull erosion co ntro l meas ures must be insta ll ed and app r oved prior t o beginning any earth disturbing
activities. Contact Public Wori<s (2.47 -5834) for Eros ion and Se dim ent Control Inspect ion pri or to start of
construction.
~·«A ll si lt must remai n on-sfte during co n st ruction.
(I"'~.'Y'·J.i.~e~)o :9gff~e~ir.e<j. a ~s~~pffi~m:omenti ng proper
c&ti'strGct ,ot,wlll tfe'requVedV
**Ro ll off container company must be on City approved list and contai ner cannot be placed on City
Right-of-Way. (Approved: Advan ced Disposal, Rea leo, Republic Se rvices, Shappel's and Waste Pro.)
uFull right-of-way restoration, including so d, is req uired.
cc : Jennife r Wa lker, Building Dept.
Additional Information
Waiver for Circular Driveway
1822 Seminole Road
8/27/15
AGENDA ITEM #3A
OCTOBER 12, 2015
WI I he propc c•tl cln H " ,y lo !line 1 nl'ulc mc•rc lhau li Oy (!iOI pt rccnt mlflCrYiuu~ urea willuulhc n ht -
uf·\' ••.~
1h1 Any pcmul 1 ucd ,h, II ben r.,-,,cJhk cucrnnc hnu ll Jll'llllllll any non~lnndnrtl dm .:11 :_-11111cnol~
11.< ... 1 ~~·:r~l nr, ut .. ln lk d tn lhc rl .•hl·•lf-w ty. If the Cll)' '· rl't(turcd 10 cln.my u1ilh y "r c•lhc r wu rk 11r
r, pnir in .1 righ1-ul~11,1\ whid1 dn11l1J'•' •• urh nnn~wncl.trd mmcrio l . I he homeowner hnll he
rc pw ibt. l'..r t'c:pn1rs n•Lc ><nry tolh; m~1crulls
lei .\n, ccll l <lnJCIIOn wuhi u thc city's n gh l uf-w~y ,hlll nu1nJvc1 ely al1'cc1 or rc~lrlcl puhlic pnrklllg 1n
the ci1Jlll .-lli~W 1 )
(ll) Nn pMkin r. a pmn . hu ll he nll .. wc d en the cit{ li!Jh l~·llf·ll'~) ohm!! ur1Lnnlllhn>u <>hJ 1rcc1~ li ted m
ci1; Cud.: ub.,. ·liun · · !111.
1 ) .\uy tmpr." cmc ms m I he ct ly', ril'ht~·nf-w"y 11:.11 nrc nc>l pnrl .,r a dnvcwny nr s tdc\1 1lk ,hnll he
c .. 11 .lntc t!'d ,,f turf bl (;ck or c11h r r i>crvlctu . motcrinl.
(0 Mn<imum dnvc\\uy wtdt h ut the property hnc umlthruuxh lhc nglu-uf-wuy shnll hl' lwcn ty t20) fc~t
~hxi mum dnvcwoy wi dth for ctrculnr dnvc•; 'hulllx: 1wdve ( 12) tl.oct, und cm:ulur tlnvt•, •hall nuly
be pc.:nmned on lots hnvmg at lea'' one hundn.xl-foot frnnlul!c:.
tgl Maximum clri1 .:way width nt ih c propcr1 )' line ond th rt•ugh I he nj!ht·ot"-wuy lor dulllc xc:·. on A liny-
'"''' l01 sha ll be o w mhincd widlh l'ur hnth driwwny> ••I' twenty-four t 24) feel .
l.o ) llmo·II'U)' lhnl ~oro . ~itlc11 .olk . Cny r.id, \\~lk , ma y not hc: o't plnc~d w11 h n1hcr nun.na l ~ .. llu t me« I h1·
rc.•plu 'd "ilh .mnnl h cnnorc:k ldl nn1111 d in ~ulor "th.st i1 matc:h< I he cxtstin11 und ndjoimn•c
,., I .h.tlk~.
fl Jt,t. 1\ . ll.'·llS -' I. ' I. ,,.x.tJS)
T his lct!cr requcsrs thul lh e nolcd vlo lnllons be co •·•·ccted by removing denied clrcu l nr
drlvowny nnd c on~tru c lln g opp1·ovod stub drlvcw oy wllhin ten ( 10) dnys of the receipt of
thiB notice.
l'u uvnitl hnviny this cn~c he referred 10 th e Code Enfurccmcnl Board. all listed vio lutiun s on lhi~
nnlicc must he in cnmplion cc on nr he lore th e dole estab lis hed by Allontie Beach Co de
Cnfnrcemunl. TI1c Bunni mu y impu~tJ fines up In lW<I hundred fifty ($250.00) per doy for
cuntinuing violot io ns. L'pon com pl eting I he corrtJ~tivc ne t ion requ ire d. it is your rcspnn~ih i l i ly tu
cuntncl Allnntic Bonch Codo Enforecmcn t 11nd orrunge lhr on inspcc1ion lCI verify comp lia nce .
lr is our goal to kcllp tltlr neighborhoods look ing well mu mt uincd while Jl rolccting property
vnlu es 1111d your eonrcrnlinn in this mullet is grc11lly ap prcc inl cd . PlcostJ conrnct Atla nt ic Beach
('ode Enfnrccmem ut 904 247-51!55 ifyu u hnve any quc stitl ns or need 11dditionul infonnul ion.
Jo n Mnrkcc
CODE DJfORC"EMENT OFFICl:R
Cc: Dun Arlington. IJuilding Ollicio l
Sc ott Frazier. Groce C'onstnJclwn of Florida. Inc.
PngtJ Numhcr 2
Jun e 22. 20 1 S
AGENDA ITEM tr.JA
O CTOBER 12,20 15
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
RECOMMENDATION:
BUDGET:
ATTACHMENT:'
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Beach Clea nin g Annual Co ntract Renewal
Bid No. 1213 -13 oB?.~~L---
Publi c Works Director
September 15, 2015
AGENDA JTEM # 48
OCTOBER 12,2015
The City's co ntra ct for Beach Clean in g with Beachcombers North ,
In c. expires on October 31, 20 15. The City has th e option of
extending the current contract tor two (2} one-year periods .
Beachcombers has agreed to extend the co ntra ct for another yea r at
the cun·cn t prices. This propo sed extension would be the 211
d of two
possible extensions.
Extend the contract tor Beach C leaning for one year, from
November I, 20 15 through October 3 I, 2016, at the current level
of service of 4-5 trash pickups per week with raking pcrfonncd on
an even t ba sis as directed.
$28,000 budgeted in Park s Maintenance Account
001-6020-572-3400
Letter of agreement fi·om Beachcombers North, Inc . to extend the
contract .
REVIEWED BY CITY MANAGER: _-n __ ,_//t_~--~--------
RESOLUTION NO: 15-10
AGENDA ITEM# 6A
OCTOBER 12, 2015
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING
EXTREME METHODS OF OIL AND GAS EXTRACTION, INCLUDING HYDRAULIC
AND ACIDIC FRACTURING OR "FRACKING" WITHIN THE STATE OF FLORIDA AND
ITS ADJACENT WATERS
WHEREAS, the City of Atlantic Beach is made up of waterfront property and is a low-lying coastal
community at the frontline to experience the impacts of sea level rise; and
WHEREAS, the City of Atlantic Beach has various vital facilities and infrastructure that could be adversely
affected by sea level rise; and
WHEREAS, climate scientists and other groups such as the National Oceanic and Atmospheric
Administration's Coastal Services Center have predicted the potential erosion of dry land and loss of waterfront
property as a result of sea level rise; and
WHEREAS, Florida's aquifer may be compromised from its overuse and polluted by continued runoff; and
WHEREAS, the limestone layer covering much of the aquifer has proven vulnerable to sinkhole activity; and
WHEREAS, hydraulic and acidic fracturing or "fracking" and other extreme methods of oil and gas extraction
raise serious questions of damage to water sources and geologic stability in other areas of the country; and
WHEREAS, the potential for a damaging event to the aquifer and limestone layer could prove to be beyond
the ability to mitigate no matter how great or small the risk of occurrence of such event; and
WHEREAS, hydraulic and acidic fracturing, or "fracking," or other extreme methods of oil and gas
extraction, could affect water and land outside the confines of the permitted area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF ATLANTIC BEACH, FLORIDA:
Section 1. The City Commission of the City of Atlantic Beach declares its opposition to hydraulic and acidic
fracturing or "fracking" or other extreme methods of oil and gas extraction within the State of Florida or in the
adjacent waters.
Section 2. The City Commission of the City of Atlantic Beach respectfully requests that no State agency issue
permits for such purpose and urge the Legislators of the State of Florida to pass legislation prohibiting hydraulic and
acidic fracturing or "fracking" or other extreme methods of oil and gas extraction or the disposal of related materials
and by-products, anywhere within the State of Florida, or in the waters adjacent to the State, and allocate sufficient
appropriations to ensure success of the legislation.
Section 3. The City Commission of the City of Atlantic Beach further requests the Governor of the State of
Florida to sign such legislation.
PASSED AND ADOPTED by the City Commission of Atlantic Beach, Florida, this ___ day of October
2015.
Attest:
DONNA L. BARTLE, CMC
City Clerk
CAROLYN WOODS,
Mayor
AGENDA ITEM:
S UBMITTE D BY:
DATE :
STRATEGIC PLAN LINK:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Ord in ance 95-15-11 I
Je remy Hub sc h, Bui lding and Zoni ng Di rector ( ~
Septe mber 10, 20 15 I J JI
None
AGENDA ITF.M # 7A
O CTOUF.R 12,20 15
BACKGROUND: The City Commi ss ion has asked staff to look into strengthening bu ffers and
negative deve lopment impac ts bet ween in co mpatible uses in the Cit y's Land Develo pment
Regu lations. The cu JTent buffer regulations in Sect ion 24 -1 77 (e) app ly onl y to properties th at
directly bord er each ot her. They do not include properties tha t have an intervening street between
them . The cit y has seve ral a reas where co mm ercial or ind ustrial z oning disbicts are adjacent to
res id ential zo ni.ng di stri cts, but have a road between them. This occurs a lon g West 14111 Street,
S turdi va nt Avenue, and Ahern Street. Staff came up with poss ibl e code changes and presented
those to the Community Development Board fo r recommendations.
There are three proposed code c hanges related to buffers and limiting negative development
impa cts in proposed Ordinance 95-15-11 1.
l. Preve ntin g curb c uts a nd rear buildin g entryways in the portion of a doub le frontage
(through lot) lot that faces a res id entiall y zo ned area .
2. Requi ri ng a lighting plan th at shows minimal lightin g is at the property lin e when a new
commercial o r industrial developm e nt is adjacent to res idential.
3. Requi ring ve hic le use areas (parki ng lots) of new proj ects to have a tree every 25 feet as
opposed to every 50 feet as the code c urren tl y reads.
The Co mm unity Development Board recommend ed approva l of these tl1ree co de changes b y a
vo te of 6-0 at the Augu st 21s t meetin g.
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
None .
Approve Ordinance 95-15-11 1
Ordin ance 95-15-1 11
Co py of l ega l not ice
REVIEWED BY CITY MANAGER : -~~1~-.....Jfh~C.,;~=~c?t:......;f..t.:::.......!:V:e...__ ________ _
ORDINANCE NO. 95-15-111
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ARTICLE II OF
THE CODE OF ORDINANCES, LAND DEVELOPMENT
CODE, TO AMEND SECTION 24-84, DOUBLE FRONTAGE
LOTS; AMENDING SECTION 24-161, OFF-STREET
PARKING AND LOADING; AMENDING SECTION 24-177
BUFFER DESIGN STANDARDS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM # 7 A
OCTOBER 12, 2015
WHEREAS, the City Commission of the City of Atlantic Beach, Florida seeks to
strengthen buffers and minimize negative impacts between residential and commercial areas, the
City finds that it is necessary to amend Chapter 24, Article II 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 24, Article II of the Code of
Ordinances, specifically the Land Development Regulations, Sections 24-84, 24-161, 24-177 of
the City of Atlantic Beach, Florida, are hereby amended to read as follows:
Sec. 24-84. Double frontage lots
(a) Double frontage lots. On double frontage lots, the required front yard shall be provided on
each street, except for lots as set forth below and as set forth in section 24-88.
(b) Special treatment of ocean-front Lots. For lots having frontage on the Atlantic Ocean, the
front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be
measured from the lot line parallel to or nearest the ocean.
(c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots
extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the
yard, which faces Ocean Boulevard.
(d) Special treatment of through lots zoned Commercial, Professional Office (CPO), Commercial
Limited (CL), Commercial General (CG), Central Business District (CBD), and Light Industrial
ORDINANCE NO. 95-15-111
Page 1 of 13
AGENDA ITEM #7A
OCTOBER 12, 2015
and Warehousing (LIW). For double frontage lots that are commercially or industrially zoned
and have residentially zoned property across an intervening street, the required front yard shall
be provided on each street. There shall be no building entryways or curb cuts from the
intervening street that is adjacent to residentially zoned property.
Sec. 24-161. -Off-street parking and loading
(a) Purpose and intent. Off-street vehicular parking spaces required by this section shall be
provided at the time of the construction or expansion of any building for the uses listed in
this section. Parking areas shall be arranged for convenient access and the safety of
pedestrians and vehicles; shall provide barriers when located at the perimeter of a lot to
prevent encroachment on to adjacent properties; and when lighted, lights shall be directed
away from adjacent properties. Parking areas and driveways shall not obstruct stormwater
facilities, drainage swales or clear vehicular sight distance. Excess surface parking is
discouraged, and in no case shall the number of extra surface parking spaces exceed ten ( 1 0)
spaces or ten (1 0) percent, whichever is greater. Parking calculations demonstrating
provision of required parking shall be provided with all building permit applications
submitted for review. Required parking shall be maintained for the duration of the use it
serves.
(b) General requirements and limitations for parking areas.
( 1) Adequate drainage shall be provided, and parking areas shall be maintained in a
dustproof condition kept free of litter and debris.
(2) All parking areas shall be paved unless an alternative surface is approved by the director
of public works. Any such alternative surface shall be maintained as installed, and shall
be converted to a paved surface if a failure to maintain results in adverse drainage or
aesthetic impacts.
(3) Parking for residential uses shall be located within paved or stabilized driveways,
private garages or carports or such areas intended for the day-to-day parking of
vehicles. Vehicles shall not be routinely parked within grassed or landscaped areas of a
residential lot or on grassed or landscaped portions of public rights-of-way adjacent to
the lot.
( 4) There shall be no sales, service or business activity of any kind within any parking area.
(5) Mechanical or other automotive repair work on any motor vehicle shall not be
performed out-of-doors within any residential zoning district, except for minor
maintenance or emergency repair lasting less than eight (8) hours and performed on a
vehicle owned by the occupant of the residential property.
(6) Applications to vary from the requirements of this section shall follow the procedures set
forth in subsections 24-64(a) and (b). The community development board may approve such
application only upon finding that the intent of this section as set forth in preceding
subsection (a) is met.
ORDINANCE NO. 95-15-111
Page 2 of 13
AGENDA ITEM #7A
OCTOBER 12, 2015
(c) Plans required. A composite site plan depicting the arrangement and dimensions of required
parking and loading spaces, access aisles and driveways in relationship to the buildings or
uses to be served shall be included on all plans submitted for review.
(d) Measurement. Where floor area determines the amount of off-street parking and loading
required, the floor area of a building shall be the sum of the horizontal area of every floor of
the building. In places of public assembly in which occupants utilize benches, pews or
similar seating, each twenty-four (24) lineal inches of such seating, or seven (7) square feet
of floor area where no seating is provided, shall be considered one (1) seat. When
computations result in requirement of a fractional space, a fraction equal to or more than
one-half(~) shall require a full space.
(e) Uses not specifically mentioned. Requirements for off-street parking and loading for uses
not specifically mentioned in this section shall be the same as required for the use most
similar to the one ( 1) sought, it being the intent of this section to require all uses to provide
adequate off-street parking and loading.
(f) Location of required off-street parking spaces.
(1) Parking spaces for residential uses shall be located on the same property with principal
building(s) to be served.
(2) Parking spaces for uses other than residential uses shall be provided on the same lot or
not more than four hundred ( 400) feet away, provided that required off-street parking
shall in no case be separated from the use it serves by arterial streets or major collector
streets, or other similar barriers to safe access between parking and the use. A shared
parking agreement shall be required where offsite parking is used to meet parking
requirements. In such cases, the uses sharing parking must demonstrate different peak-
hour parking needs.
(3) Off-street parking for all uses other than single and two-family residential shall be
designed and constructed such that vehicles are not required to back into public rights-
of-way. Parking spaces shall not extend across rights-of-way including any public or
private sidewalk or other pedestrian thoroughfare.
(4) Off-street parking spaces for any use shall not be located where, in the determination of
the director of public safety, an obstruction to safe and clear vehicular sight distance
would be created when vehicles are parked in such spaces.
(g) Design requirements.
(1) Parking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet,
except that smaller dimensions may be provided for single-family residential lots,
provided that adequate onsite parking is provided to accommodate two (2) vehicles.
(2) Accessible parking spaces shall comply with the accessibility guidelines for buildings
and facilities (ADAAG), and shall have a minimum width of twelve (12) feet.
(3) Within parking lots, the minimum width for a one-way drive aisle shall be twelve (12)
feet, and the minimum width for a two-way drive aisle shall be twenty-two (22) feet.
ORDINANCE NO. 95-15-111
Page 3 of 13
AGENDA ITEM #7A
OCTOBER 12, 2015
(4) Parking lots containing more than five (5) rows of parking in any configuration shall
provide a row identification system to assist patrons with the location of vehicles, and
internal circulation shall be designed to minimize potential for conflicts between
vehicles and pedestrians.
(h) Parking space requirements. Where existing uses, which do not provide the required number
of off-street parking spaces as set forth within this paragraph are replaced with similar uses
(such as a restaurant replacing a restaurant), with no expansion in size or increase in number
of seats, additional parking shall not be required. Any increase in floor area or expansion in
building size, including the addition of seats shall require provision of additional parking for
such increase or expansion.
(1) Auditoriums, theaters or other places of assembly: One (1) space for every four ( 4) seats
or seating places.
(2) Bowling alleys: Four (4) spaces for each alley.
(3) Business, commercial, retail, or service uses not otherwise specified: One (1) space for
each four hundred ( 400) square feet of gross floor area.
(4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating
places.
(5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space
for each two hundred (200) square feet of gross floor area, whichever is greater.
(6) Residential uses: Two (2) spaces per dwelling unit.
(7) Hospitals, clinics and similar institutional uses: One and one-half (1 liz) spaces for each
hospital bed.
(8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for
accessory uses such as restaurants, lounges, etc., plus one (1) employee space per each
twenty (20) sleeping units or portion thereof.
(9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross
floor area.
(lO)Manufacturing, warehousing and industrial Uses: One (1) space for each two (2)
employees on the largest working shift, plus one (1) space for each company vehicle
operating from the premises.
(11) Medical office or dental clinic: One (1) space for each two hundred (200) square feet of
gross floor area.
(12) Mortuaries: One (1) space for each four ( 4) seats or seating spaces in chapel plus one
(1) space for each three (3) employees.
(13) Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees.
(14) Professional office uses: One (1) space for each four hundred (400) square feet of gross
floor area.
ORDINANCE NO. 95-15-111
Page 4 ofl3
AGENDA ITEM #7A
OCTOBER 12, 2015
(15) Restaurants, bars, nightclubs: One (1) space for each four ( 4) seats. Any outdoor seating
where service occurs shall be included.
(16) Rooming and boardinghouses: One (1) space for each guest bedroom.
(17) Schools and educational uses.
a. Elementary and junior high schools: Two (2) spaces for each classroom, office and
kitchen.
b. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each
staff member.
(18) Vocational, trade and business schools: One (1) space for each three hundred (300)
square feet of gross floor area.
(19) Child care centers: Two (2) spaces for each employee, plus a clearly designated drop-
off and pick up area.
(20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross
floor area.
(21) Assisted living, senior care and similar housing for the elderly where residents do not
routinely drive or maintain vehicles on the property: One (1) space for each four (4)
occupant accommodations.
(i) Off-street loading spaces. Off-street loading and delivery spaces shall be provided that are
adequate to serve the use such that interference with routine parking, pedestrian activity and
daily business operations is avoided. Where possible, loading and delivery areas should be
located at the rear of a site and shall not be required to back into a public right-of-way.
(j) Additional requirements for multi-family residential uses. New multi-family residential
development shall provide adequate area designated for parking of routine service vehicles
such as used by repair, contractor and lawn service companies. For new multi-family
development located east of Seminole Road, three (3) spaces per dwelling unit shall be
required in order to accommodate increased parking needs resulting from beach-going
visitors.
(k) Bicycle parking. All new development including any redevelopment or expansion that
requires any change or reconfiguration of parking areas, except for single-and two-family
residential uses, shall provide bicycle parking facilities on the same site, and such facilities
shall be located as close to the building entrance as possible, in accordance with the
following:
(1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of a
fence, curb or other such barrier so to protect parked bicycles from damage by cars.
(2) Provision to lock or secure bicycles in a stable position without damage to wheels,
frames or components shall be provided. Bicycle parking shall be located in areas of
high visibility that are well-lighted.
(1) Parking areas and tree protection. Where protected trees exist within a proposed parking
area, and where more than ten (1 0) spaces are required, the city manager may reduce the
ORDINANCE NO. 95-15-111
Page 5 of13
AGENDA ITEM #7A
OCTOBER 12, 2015
number of required spaces solely for the purpose of preserving such protected trees. An
acceptable tree protection plan shall be provided to and approved by the city manager.
(m) 24-161 (m) Illumination values at the property line of a new commercial or industrial
development or redevelopment shall not be more than 0.2 fc at any point when a project is
located next to any residential use or residentially zoned property. The illumination values at the
property line of a project adjacent to any other use shall not be more than 1.0 fc. Compliance
with these criteria shall not be required between two adjacent non-residential properties of like
zoning or use classification provided that the properties are under the same ownership, or have
common parking areas or driveways.
At canopied areas, such as those found at drive-through facilities, service stations, convenience
centers, and car-washes, lighting under the canopy, awning, porte cochere, or similar structure
shall be either recessed or cut -off fixtures.
The City may require a lighting plan in order to determine compliance with this section.
Sec. 24-177.-Applicability; requirements; buffer design standards; maintenance; protection and
visibility.
(a) Applicability. The provisions of this section shall apply to all new nonresidential
development and multi-family development, including property in government use. The
provisions of this section shall also apply when the total cost of alteration, expansion or
renovation of existing such development is equal to or exceeds twenty-five (25) percent of
the current assessed value of the parcel improvements, or when the total square footage of a
structure is expanded by more than twenty-five (25) percent as well as when any cumulative
expansions total more than twenty-five (25) percent. Construction costs shall be determined
in accordance with the building evaluation data sheet as established by the Standard
Building Code Council International.
(b) Landscape plan required.
(1) Prior to the issuance of any development permit for nonresidential development and
multi-family development, a landscape plan shall be approved by the community
development director. For development sites greater than two (2) acres in size, a
landscape plan shall be submitted with preliminary site plans as required by subsection
24-167(c). The landscape plan shall be prepared by either the owner or a licensed,
registered Landscape architect, bearing his seal, or shall be otherwise prepared by
persons authorized to prepare landscape plans or drawings pursuant to Chapter 481, Part
II, Florida Statutes (landscape architecture).
(2) The required landscape plan shall be drawn to scale, including dimensions and
distances, and shall:
a. Delineate the vehicular use areas, access aisles, driveways, and similar features;
ORDINANCE NO. 95-15-111
Page 6 of 13
AGENDA ITEM #7 A
OCTOBER 12, 2015
b. Indicate the location of sprinklers or water outlets and back flow prevention
devices;
c. Designate by name and location the plant material to be installed or preserved in
accordance with the requirements of this part. The use of xeriscape landscape
materials and methods is strongly encouraged;
d. Identify and describe the location and characteristics of all other landscape
materials to be used;
e. Show all landscape features, including areas of vegetation required to be preserved
by law, in context with the location and outline of existing and proposed buildings
and other improvements upon the site, if any;
f. Include a tabulation clearly displaying the relevant statistical information necessary
for the director to evaluate compliance with the provisions of this part. This
includes gross acreage, square footage of preservation areas, number of trees to be
planted or preserved, square footage of paved areas, and such other information as
the director may require; and
g. Indicate all overhead and underground utilities located on the property and in the
right-of-way adjacent to the property to which the landscape plan applies. This
shall include overhead and underground electric service lines to all proposed
buildings.
(c) Vehicular use area interior landscaping requirements.
(1) Vehicular use areas open to the public. Ten (10) percent of vehicular use areas (VUAs)
used for off-street parking, employee parking, auto service stations, service drives, and
access drives within property located within commercial and industrial zoning districts
shall be landscaped.
(2) Specialized vehicular use areas closed to the public. Five (5) percent of VUAs used for
storage areas for new, used or rental vehicles and boats; motor vehicle service facilities;
motor freight terminals; and other transportation, warehousing and truck operations not
generally open to the public shall be landscaped.
(3) Criteria for distribution. Landscape areas shall be distributed throughout the VUA in
such a manner as to provide visual relief from broad expanses of pavement and at
strategic points to channel and define vehicular and pedestrian circulation. Landscape
areas shall contain the following:
a. At least twenty-five (25) percent of the Landscape areas shall be covered with
shrubs; the remainder in shrubs, groundcover, mulch or grass. Shrubs shall be
spaced on three-foot spacing.
b. Not less than one (1) tree for every four thousand (4,000) square feet of the VUA.
(4) Each row of parking spaces shall be terminated by a landscape island with inside
dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five
(3 5) feet long if a double row of parking. Each terminal island shall contain one (1) tree.
Each side of the terminal island adjacent to a travel lane shall have a continuous six-
ORDINANCE NO. 95-15-111
Page 7 of 13
AGENDA ITEM #7A
OCTOBER 12, 2015
inch high curb of concrete or other appropriate permanent material. The use of
depressed rain gardens or bioswales in parking lot landscaping is strongly encouraged.
Curb stops, rather than continuous curb, may be used to allow runoff to flow to the
landscaped area.
(5) If it can be shown to the satisfaction of the community development director that the
strict application of this section will seriously limit the use of the property, the
community development director may approve the location of the required interior
landscape area near the perimeter of the VUA or adjacent to the building on the
property, so long as the landscape area is within twenty (20) feet of the perimeter of the
VUA.
(d) Perimeter landscaping requirements.
(1) Street frontage landscaping. All VUA that are not entirely screened by an intervening
building from any abutting dedicated public street or approved private street, to the
extent such areas are not so screened, shall contain the following:
a. A landscape area of not less than ten (10) square feet for each linear foot of VUA
street frontage, fifty (50) percent of which shall be at least a five-foot-wide strip
abutting the street right-of-way except for driveways. The remaining required
landscape area shall be located within twenty-five (25) feet of the street right-of-
way.
b. A durable opaque landscape screen along at least seventy-five (75) percent of the
street frontage, excluding driveways. Shrubs, walls, fences, earth mounds and
preserved existing under-story vegetation, or combination thereof, may be used so
long as the screen is no less than three (3) feet high measured from the property
line grade. Walls or fences shall be no more than four (4) feet in height and of
wood or masonry at least eighty-five (85) percent opaque. Earth mounds shall not
exceed a slope of three (3) to one (1). No less than twenty-five (25) percent of
street side frontage of walls or fences shall be landscaped with shrubs or vines.
c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of-
way, for each fifty (50) twenty-five (25) linear feet, or fraction thereof, of VUA
street frontage. The trees may be clustered, but shall be no more than seventy five
f+-51 fifty (50) feet apart. If an overhead power line abuts the street frontage, then
the required trees reaching a mature height greater than twenty-five (25) feet shall
be located at least fifteen (15) [feet] away from the power line.
d. The remainder of the landscape area shall be landscaped with trees, shrubs, ground
covers, grass, or mulch.
e. Landscape areas required by this section shall not be used to satisfy the interior
landscape requirements; however, the gross area of the perimeter landscaping
which exceeds the minimum requirements may be used to satisfy the interior
landscape requirements.
f. If a utility right-of-way separates the VUA from the public street or approved
private street, the perimeter landscaping requirements of this section shall still
apply.
ORDINANCE NO. 95-15-111
Page 8 of13
AGENDA ITEM #7A
OCTOBER 12, 2015
(2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that are not entirely
screened by an intervening building from an abutting property, to the extent such areas
are not screened, shall contain the following:
a. A continuous landscape area at least five (5) feet wide between the VUAs and the
abutting property, landscaped with shrubs, ground covers, preserved existing
vegetation, mulch and grass.
b. No less than one (1) tree, located within twenty-five (25) feet ofthe outside edge of
the VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the
VUA abuts the adjacent property. Trees may be clustered, but shall be no more
than seventy-five (75) feet apart.
c. A buffer wall between incompatible land uses as required by subsection (g), if
applicable.
d. If an alley separates the VUA from the abutting property, the perimeter landscaping
requirements shall still apply.
(3) Existing landscape screen. If an existing landscape screen has been established on
abutting property, then it may be used to satisfy the requirements of this section, so long
as the existing landscape screen is abutting the common lot line, and it meets all
applicable standards of this section.
(4) Driveways to streets. The maximum width of any driveway not containing a landscaped
island through the perimeter landscape area shall be thirty-six (36) feet. The maximum
width of any driveway containing a landscaped island through the perimeter landscape
area shall be forty-eight ( 48) feet and the driveway shall contain a landscaped island
which measures not less than eight (8) feet in width (from back of curb to back of curb),
surrounded by a six-inch continuous raised curb, or other alternative approved by the
director. In no event shall more than fifty (50) percent of any street frontage be paved,
nor shall the provisions of this section be applied to reduce the permitted driveway
width to less than twenty-four (24) feet.
(5) Driveways to adjoining lots. Driveways may be permitted by the community
development director to adjoining lots of compatible use.
(6) If a joint driveway easement is provided between adjacent property, then the required
perimeter landscaping for each property shall be provided between the drive and any
other vehicular use areas.
(7) If it can be shown to the satisfaction of the community development director that the
strict application of this section will seriously limit the use of the property, the
community development director may approve the location of the required interior
landscape area.
(e) Buffers required between incompatible or different use classifications.
(1) Where incompatible or different Use classifications are adjacent, without an intervening
street, a buffer strip shall be required between such uses. Such buffer strip shall be at
least ten (1 0) feet in width the entire length of all such common lot lines and shall be
required in the following circumstances:
ORDINANCE NO. 95-15-111
Page 9 of 13
AGENDA ITEM #7A
OCTOBER 12, 2015
a. Multiple-family dwelling use or zoning districts, three (3) or more attached units
when adjacent to single-family dwelling(s) or lands zoned for single-family
dwelling.
b. Office use or zoning districts, when adjacent to single-family or multiple-family
dwellings, mobile home parks or subdivisions or lands zoned for single-family or
multiple-family dwellings, mobile home parks or subdivisions.
c. Mobile home park use or zoning districts, when adjacent to single-family
dwellings, multiple-family dwellings and office uses, or lands zoned for single-
family dwellings, multiple-family dwellings or offices.
d. Commercial and institutional uses or zoning districts, when adjacent to single-
family dwellings, multi-family dwellings or mobile home parks or mobile home
subdivision uses or lands zoned for single-family dwellings, multi-family dwellings
or mobile home parks or mobile home subdivisions.
e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or
zoning districts other than agricultural land uses or zoning districts.
(2) Required buffers shall at a minimum contain the following landscape materials:
a. Trees. The total tree count required within the buffer strip shall be one (1) tree for
each twenty-five (25) linear feet of required buffer strip, or majority portion
thereof.
b. Ground cover. Grass or other ground cover shall be planted on all areas of the
buffer strip.
c. Visual screen. A visual screen running the entire length of common boiundaries
shall be installed within the buffer strip, except at permitted access ways. The
visual screen may be a wood or masonry wall, landscaping, earth mounds or
combination thereof. Earth mounds shall not exceed a slope of three (3) to one (1).
If a visual screen which satisfies all applicable standards exists on adjacent property
abutting the property line or exists between the proposed development on the site
and the common property line, then it may be used to satisfy the visual screen
requirements.
d. Prevailing requirement. Whenever parcels are subject to both the perimeter
landscaping requirements and buffer strip requirements of the article, the latter
requirements shall prevail.
e. Hardship. If the community development director determines that the construction
of a landscape buffer area required by this section shall create an unreasonable
hardship, the director may approve a buffer area with a width no less than five ( 5)
feet, provided such buffer area meets the visual screening requirements of this
section.
(3) The required buffer strip shall not be used for principal or accessory uses and structures,
vehicular use areas, dumpster pads, signs, equipment, or storage.
(f) Landscape design standards.
ORDINANCE NO. 95-15-111
Page 10 of 13
(1) Minimum tree requirements shall comply with subsection 23-17(c).
(2) A minimum of fifty (50) percent of all required trees shall be shade trees.
AGENDA ITEM# 7A
OCTOBER 12, 2015
(3) Trees required for vehicular use area landscaping may be used to fulfill the tree
requirements of this section.
(4) Standards for landscape materials.
a. Plants and trees shall meet the criteria of chapter 23, subsection 23-17( e)(2)a.
b. Fifty (50) percent of the trees may be nonshade trees or trees with a mature canopy
of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten (1 0) feet
overall height. Trees shall not be planted closer than two (2) feet from any
pavement edge or right-of-way line, as measured from center of trunk. Shade trees
shall not be planted closer than four ( 4) feet from any pavement edge or right-of-
way line, as measured from center of trunk.
c. Palms may be substituted for the required trees at the ratio of two (2) palms for
each required tree or four (4) palms for each required shade tree. Palms shall be a
minimum clear trunk height of eight (8) feet, measured from the ground level to the
base of the palm.
d. Criteria for shrubs, vines and ground covers. Hedges and shrubs used to form an
opaque screen shall be no less than a three-gallon container [of] grown material or
equivalent balled and burlap material.
e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid
sod shall be used on grass areas within street rights-of-way disturbed by
construction, in swales, on slopes of four (4) to one (1) or greater, and on other
areas subject to erosion. When permanent seed is sown during its dormant season,
an annual winter grass shall also be sown for immediate effect and protection until
permanent coverage is achieved.
f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead
leaves and pine straw, shall be applied and maintained in all tree, shrub, and ground
cover planting areas and bare preserved natural areas.
g. General cleanup. At the completion of work, construction trash and debris shall be
removed and disturbed areas shall be fine-graded and landscaped with shrubs,
ground cover, grass or two (2) inches of mulch.
(g) Maintenance and protection of landscaping.
(1) Maintenance. The property owner shall be responsible for the maintenance of all
landscaped areas, which shall be maintained in good condition so as to present a
healthy, neat and orderly appearance, free of refuse, debris and weeds. Failure to
maintain required landscape areas or to replace within thirty (30) days all required
landscaping which is dead, irreparably damaged, or fails to meet the standards of this
section, shall be deemed a violation of these land development regulations and subject
to code enforcement procedures.
ORDINANCE NO. 95-15-111
Page 11 of 13
AGENDA ITEM# 7A
OCTOBER 12,2015
(2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system.
Irrigation systems shall include moisture or rain sensors.
(3) Tree pruning. Required trees shall be allowed to develop into their natural habit of
growth. Trees may be pruned to maintain health and vigor by removal of dead, weak,
damaged or crowded limbs, diseased and insect-infested limbs, and branches which rub
other branches.
(h) Intersection visibility. Where an access way intersects with another access way within a
vehicular use area, or where an access way is located within a vehicular use area, or where
an access way intersects with a street right-of-way, cross visibility within the sight triangle,
as defined in this chapter shall be unobstructed at a level between two (2) and eight (8) feet,
above elevation of adjacent pavement.
ORDINANCE NO. 95-15-111
Page 12 of 13
AGENDA ITEM #7A
OCTOBER 12, 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 12th day of October 2015.
PASSED by the City Commission on second and final reading this 26th day of
October 2015.
ATTEST:
DONNA L. BARTLE
City Clerk
CAROLYN WOODS
Mayor, Presiding Officer
Approved as to form and correctness:
RICHARD KOMANDO
City Attorney
ORDINANCE NO. 95-15-111
Page 13 of 13
ORDINANCE NO. 95-15-112
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ARTICLE IV OF
THE CODE OF ORDINANCES, LAND DEVELOPMENT
CODE, TO AMEND SECTION 24-233, MAINTENANCE
SECURITY; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
AGENDA ITEM #7B
OCTOBER 12, 2015
WHEREAS, the City Commission of the City of Atlantic Beach, Florida seeks to reduce
the required maintenance bond for new subdivisions, the City finds that it is necessary to amend
Chapter 24, A1iicle IV 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 24, Article IV of the Code of
Ordinances, specifically the Land Development Regulations, Section 24-233 of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
Sec. 24-233.-Maintenance security.
Where the city is requested to accept maintenance of any public improvement within the
subdivision, a maintenance bond in the amount of one hundred (1 00) fifteen (15) percent of the
construction cost of the improvements shall be filed with the city. Such bond shall provide that
the city shall be indemnified if the developer does not replace or repair any public improvements,
which are defective in materials or workmanship or which were not constructed in compliance
with the approved construction plans. The terms of the maintenance bond shall expire one (1)
year after acceptance for maintenance by the city unless the city serves written notice to the
developer that the improvements are defective in material or workmanship or were not
constructed in compliance with the approved construction plans within the one (1) year.
ORDINANCE NO. 95-15-112
Page 1 of2
AGENDA ITEM # 7B
OCTOBER 12, 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 comi of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions ofthis 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 12th day of October 2015.
PASS ED by the City Commission on second and final reading this 26th day of
October 2015.
ATTEST:
DONNA L. BARTLE
City Clerk
CAROLYN WOODS
Mayor, Presiding Officer
Approved as to form and conectness:
RICHARD KOMANDO
City Attorney
ORDINANCE NO. 95-15-112
Page 2 of2
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Natural Gas Franchise
SUBMITTED BY: Dou glas E. Layton , PE
Public Works Director
DATE: August 27,2015
AGENDA ITEM #8A
OCTORI~It 12 ,2015
BACKGROUND: The existing Natural Gas Franchise Agreeme nt with TBCO is exp iring.
TECO wishes to continue this fhnchise with the Cit y. The Attached
agreement ha s been negotiated with TECO. It is for a period of 15
additional years with conditio ns remaining virt uall y unchanged.
BUDGET: TECO co ntrib ut es 6% of it's gross revenues to the City as a fee for this
franc hi se.
RECOMMENDATION: Request the placement of an Ordinance renew in g the Franchise
agreement with TECO Gas on the next agenda for approval.
ATTACHMENTS: Draft Franchise Agreement
REVIEWED BY CITY MANAGER: <----n. t/'a...n a;1Rt g ...
NATURAL GAS
FRANCHISE AGREEMENT
ORDINANCE NO. ___ _
AGENDA ITEM #8A
OCTOBER 12, 2015
AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION
OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A
NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE
THE PUBLIC RIGHTS OF WAY OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER
WHICH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS;
PROVIDING AN EFFECTIVE DATE; AND REPEALING PRIOR
ORDINANCE.
WHEREAS, Peoples Gas System and the City of Atlantic Beach desire to enter into a
franchise agreement for a period of fifteen (15) years commencing from the date provided
herein; and
WHEREAS, the City Commission finds that it is in the public interest of its citizens to
enter into a new franchise agreement with Peoples Gas System.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA, THAT:
SECTION 1: DEFINITIONS
given herein.
For the purposes of this Ordinance, the following terms shall have the meaning
A. "Customer" shall mean any Person served by the Company within the
corporate limits ofthe City.
B. "City" shall mean the City of Atlantic Beach, Duval County, Florida, its
successor and assigns.
C. "Company" shall mean Peoples Gas System, a division of Tampa Electric
1
Company, a Florida corporation, its successors and assigns.
AGENDA ITEM# SA
OCTOBER 12, 2015
D. "Distribution System" shall mean any and all transmission pipe lines,
main pipe lines and service lines, together with all tubes, traps, vents,
vaults, manholes, meters, gauges, regulators, valves, conduits,
attachments, structures and other appurtenances, as are used or useful in
the sale, distribution, transportation or delivery of Natural Gas and as are
situated within the corporate limits ofthe City.
E. "Effective Date" shall mean the date this Franchise becomes Effective as
described in Section 19 below.
F. "Franchise" or "Franchise Agreement" shall mean this agreement, as
passed and adopted by the City and accepted by the Company, as provided
in Section 19 below.
G. "FPSC" shall mean the Florida Public Service Commission or any
successor agency.
H. "Gross Revenues" shall mean all revenues (as defined by the Florida
Public Service Commission) received by the Company from any Customer
from the sale of Gas.
I. "Person" shall mean any individual, firm, partnership, estate, corporation,
company or other entity, including, but not limited to, any government
entity or municipally-owned utility.
J. "Natural Gas" or "Gas" shall mean natural gas and/or manufactured gas
and/or a mixture of gases which is distributed in pipes and measured by
meter on the Customer's premise. It shall not mean propane gas or
liquefied petroleum gas (commonly referred to as "bottled gas").
K. "Right-of-way" means any street, road, lane, highway, avenue, boulevard,
alley, waterway, bridge, easement, public place or other right-of-way that
is owned by the City.
2
SECTION 2: GRANT
AGENDA ITEM #SA
OCTOBER 12, 2015
The City hereby grants to the Company the non-exclusive right, privilege, and franchise
to lay, erect, construct, operate and maintain in, on or under any and all Rights-of-way, as they
now exist or may be hereafter constructed, opened, laid out or extended within the present
incorporated limits of the City, or in such territory as may be hereafter added or annexed to, or
consolidated with, the City, a Distribution System subject to the terms and conditions herein
contained.
SECTION 3: TERM
Except as provided in Section 15, the Franchise hereby granted shall be for a period of
fifteen (15) years from the effective date of this ordinance.
SECTION 4: ASSIGNMENT
A. The Franchise hereby granted shall not be leased, assigned or otherwise alienated
or disposed of except with the prior express written consent of the City, which shall not be
unreasonably withheld or unduly delayed. No assignment shall be allowed without the assignee
assuming the terms of the Franchise Agreement with the City.
B. Notwithstanding the foregoing, the Company may, with the prior written consent
of the City, which consent shall not be unreasonably withheld, conditioned or delayed, lease,
assign or otherwise alienate and transfer this Franchise in connection with the lease or sale of the
Distribution System or upon its merger or consolidation with, or transfer to, a corporation
engaged in similar business (including an affiliate or subsidiary of the Company), or pledge or
mortgage of such Franchise in connection with the physical property owned and used by it in the
3
AGENDA ITEM# SA
OCTOBER 12, 2015
operation of the Distribution System for the purpose of securing payment of monies borrowed by
the Company.
SECTION 5: CITY COVENANT
As a further consideration for this Franchise Agreement, the City covenants and agrees
that it will not, during the term of this Franchise Agreement, engage in the business of
distributing or selling Natural Gas within the corporate limits of the City, as modified, during the
term of this Franchise Agreement.
SECTION 6: USE OF STREETS
The Distribution System shall be erected, placed, or laid in such manner as will,
consistent with necessity, least interfere with other public uses of the Rights-of-way, and said
Rights-of-way shall not be unnecessarily obstructed, and before, except in an emergency
situation, the Company makes any excavation or disturbs the surface of any of the Rights-of-
way, it shall make application for a permit to the appropriate City authority. The City shall issue,
or if applicable deny, permits within ten (1 0) business days of application by the Company. In
consideration of the franchise fees contemplated in this agreement, the City shall not charge the
Company any fees for the issuance of such permits. The Company shall, with due diligence and
dispatch, place such Rights-of-way in as good a condition as before such excavation or
disturbance was made; provided, however, that should the Company fail, within ten (1 0) days of
its receipt of written notice from the City, to restore such Rights-of-way, then the City may
undertake such restoration (other than any restoration work on the Distribution System) and
charge the reasonable cost thereof to the Company.
4
AGENDA ITEM# SA
OCTOBER 12, 2015
To the extent consistent with Florida law, the Company hereby agrees to abide by all the
rules and regulations and ordinances which the City has passed or might pass in the future, in the
exercise of its police power, and further agrees to abide by any established policy which the City
or its duly authorized representative has passed, established, or will establish, in the exercise of
its police power; provided, however, that the City shall not pass any ordinance or regulation that
results in a material change in the rights or obligations of the Company under the Franchise
Agreement.
SECTION 7: MAINTENANCE
All such components of the Distribution System of the Company located within the City
shall be installed and maintained in accordance with accepted industry practice and m
accordance with the orders, rules, and regulations of the Florida Public Service Commission.
SECTION 8: LAYING OF PIPE
All components of the Distribution System shall be laid consistent with all applicable
codes, rules, regulations and laws, including, to the extent consistent with all applicable codes,
rules, regulations and laws, specifications contained in City permits.
SECTION 9: CONSTRUCTION WORK
The City reserves the right to permit to be laid electric conduits, water and gas pipes and
lines, cables, sewers, and to do and permit to be done any underground work that may be deemed
necessary or proper by the City in, across, along, or under any Right-of-way. Whenever, by
reason of establishing a grade or by reason of changes in the grade of any Right-of-way, or by
reason ofthe widening, grading, paving, or otherwise improving present or future Rights-of-way,
or in the location or manner of construction of any water pipes, electric conduits, sewers, or other
5
AGENDA ITEM #SA
OCTOBER 12, 2015
underground structure located within the Rights-of-way, it shall be deemed necessary by the City
to remove, relocate or disconnect any portion of the Distribution System of the Company hereto
for such public purpose, such removal, relocation or disconnection shall be made by the
Company as ordered in writing by the City without claim for reimbursement. If the City shall
require the Company to remove, relocate or disconnect any portion of its Distribution System or
in any way to alter the placement or location of the Distribution System, to enable any other
Person to use said Rights-of-way of the City, as part of its permitting or approval process, the
City shall require the Person desiring or occasioning such removal, relocation, disconnection or
alteration to reimburse the Company for any loss, cost or expense caused by or arising out of
such removal, relocation, disconnection or alteration of any portion of the Distribution System.
The Company further agrees that it will not intentionally interfere with, change, or injure any
water pipes, drains, or sewers of said City unless it has received specific permission from the
City or its duly authorized representative.
SECTION 10: FRANCHISE FEE
Subject to Section 11 below, within thirty (30) days after the close of the first full billing
month following the effective date of this Franchise Agreement, and each month thereafter
during the term of this Franchise Agreement, the Company, its successors or assigns, shall pay to
the City, or its successors, a sum of money equal to six percent (6%) of the Company's Gross
Revenue, less any adjustments for uncollectable accounts, from the sale of Natural Gas to
Customers within the corporate limits of the City. The franchise fee payment shall be deemed
paid on time if post-marked within thirty (30) days of the close of the preceding billing month.
6
SECTION 11: IDENTIFICATION OF CITY RESIDENTS
AGENDA ITEM# SA
OCTOBER 12, 2015
No less than thirty (30) days prior to the Effective Date, the City shall deliver to the
Company such information (including City limit streets and block numbers) as is needed by the
Company to determine which of its customer are located within the City limits. The City shall
also provide such information no less than thirty (30) days prior to the effectiveness of any
change in said limits, whether by addition, annexation or consolidation, or upon the Company's
request. The Company shall be relieved of any obligation to pay franchise fees to the extent the
City has failed to provide information in accordance with this Section 11.
SECTION 12: ACCOUNTS AND RECORDS
The Company shall maintain accounting, maintenance, and construction records as
prescribed by the FPSC. The Company shall establish and maintain appropriate accounts and
records in such detail that revenues within the corporate limits of the City are consistently
declared separately from all other revenues, and such records shall be maintained within the
State of Florida. Upon request by the City, or its designated representative, and execution of a
confidentiality agreement reasonably satisfactory to the Company, the Company shall make
available said records within thirty (30) days to the City for the determination of the accuracy of
the Gross Revenues upon which the Company's franchise fee is based. The Company shall
maintain its billing records only for the period of time required by the FPSC and any
examination conducted after such period shall be confined to the billing records then available.
7
SECTION 13: INSURANCE
AGENDA ITEM# SA
OCTOBER 12, 2015
During the term of this Franchise, the Company shall file with the City Clerk and shall
keep in full force and effect at all times during the effective period hereof, insurance certificates
evidencing a general liability insurance policy or policies or evidence of self-insurance within
the corporate limits of the City, as they currently exist or may exist in the future. Each such
policy shall be in the minimum sum of $1,000,000.00 for injury or death to any one person, and
in the minimum sum of $5,000,000.00 for injury or death to all persons where there is more than
one person involved in any one accident, and in the minimum sum of $1,000,000.00 for damage
to property, resulting from any one accident, and each of the said minimum sums shall remain in
full force and shall be undiminished during the effective period of this Ordinance. The coverage
requirements set forth in this Section 13 may be satisfied, in whole or in part, with self-
insurance.
Every such insurance policy shall contain a provision whereby every company executing
the same shall obligate itself to notify the clerk of the City, in writing, at least thirty (30) days
before any material alteration, modification, or cancellation of such policy is to become
effective.
SECTION 14: INDEMNIFICATION
In consideration of the permissions granted to the Company by this Franchise Agreement,
the Company hereby agrees to indemnify and hold harmless the City, its officers, agents and
employees from and against claims, suits, actions, and causes of action, to the extent caused by
the Company's negligent operation of the Distribution System within the City during the term of
this Franchise and resulting in personal injury, loss of life or damage to property sustained by
8
AGENDA ITEM# SA
OCTOBER 12, 2015
any person or entity, through or as a result of the doing of any work herein authorized or the
failure to do work herein required, and including all reasonable costs, attorney's fees, expenses
and liabilities incurred by the City in connection with any such claim, suit or cause of action,
including the investigation thereof, and the defense of any action or proceeding brought thereon
and any order, judgment or decree which may be entered in any such action or proceeding or as a
result thereof; provided, however, that neither the Company nor any of its employees, agents,
contractor, licensees, or sublessees shall be liable under this section for any claims, demands,
suits, actions, losses, damages, or expenses, including attorney's fees, arising out of the
negligence, strict liability, intentional torts, criminal acts, or error of the City, its officers, agents,
or employees. The provisions of this section shall survive the expiration or earlier termination of
this Franchise Agreement. Notwithstanding any provision herein to the contrary, the Company's
liability under this Agreement shall be limited to the assets and business of Peoples Gas System,
a division of Tampa Electric Company, as if Peoples were incorporated separate and apart from
Tampa Electric Company.
SECTION 15: TERMINATION BY CITY
Violation by the Company of any of the covenants, terms, and conditions hereof, or
default by the Company in observing or carrying into effect any of said covenants, terms and
conditions, shall authorize and empower the City to declare a termination this Franchise
Agreement; provided, however, that before such action by the City shall become operative and
effective, the Company shall have been served by the City with a written notice setting forth all
matters pertinent to such violation or default, and describing the action of the City with respect
thereto, and the Company shall have had a period of sixty (60) days after service of such notice,
9
AGENDA ITEM# SA
OCTOBER 12, 2015
or, in the event such cure reasonably requires a period of more than sixty (60) days, sixty (60)
days to present a plan, reasonably satisfactory to the City, to effect such cure; and provided
further that any violation or default resulting from a strike, a lockout, an act of God, or any other
cause beyond the control of the Company shall not constitute grounds for termination.
SECTION 16: CHANGES IN PROVISIONS HEREOF
Changes in the terms and conditions hereof may be made by written agreement between
the City and the Company.
SECTION 17: SEVERABILITY; CHANGE IN LAW
(A) If any section, part of a section, paragraph, sentence, or clause of this Ordinance
shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect
the validity of any other portion hereof, but shall be restricted and limited in its operation and
effect to that specific portion hereof involved in the controversy in which such decision shall
have been rendered; provided, however, that should elimination of the specific portion of the
Franchise Agreement adjudged to be invalid results in significant adverse consequences to a
party, then that party may terminate this Franchise Agreement by providing thirty (30) days
written notice to the other party.
(B) Upon the issuance by a court of competent jurisdiction of an order, ruling, or
decision, or the enactment or adoption by the Florida Legislature, the City or any other
governmental or regulatory body, of a law, rule, regulation or ordinance, that materially
diminishes a municipality's ability to exact franchise fees from a utility, or that effectively does
away with the ability of a municipality to grant a franchise altogether, then the Company or City
10
AGENDA ITEM# SA
OCTOBER 12, 2015
may terminate this Franchise Agreement by providing ninety (90) days written notice to the other
party.
SECTION 18: GOVERNING LAW
This Franchise shall be governed by the laws of the State of Florida and applicable
federal law.
SECTION 19: EFFECTIVE DATE
This Franchise Agreement shall become effective upon its acceptance by the Company,
which acceptance must be evidenced in writing within sixty (60) days of the City's passage and
adoption hereof.
PASSED AND CERTIFIED AS TO PASSAGE this __ day of _____ _
2015.
________ ,MAYOR
ATTEST: -----------
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
Accepted this __ day of _______ , 2015
PEOPLES GAS SYSTEM, A DIVISION OF
TAMPA ELECTRIC COMPANY
By: ----------------
Title: ----------------
11
AGENDA ITEM:
SUBMITTED UY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSlON MEETING
STAFF REPORT
90-Day Ca lend ar for the Mayor and Commiss ion
AGENDA ITEM #9A
OCTOBER 12,2015
Yvonne Catve •·l ey, Executiv e Assistant to the City Mana gei'J
September 23, 20 15
STRATEGIC PLAN LINK: None
BACKGROUND: The 90 -day calenda r is included on the agenda for the purpose of se tting
meeting dates, determinin g the location, time and whether or not to
videotape special meetings and workshops if the Co tmniss ion des ires.
The rolling 90-day calendar will be revised after receiv ing input from City
staff and the Commissio n and will be included in each agend a for
consideration.
Special notes:
• Photos of Newly E lected Comm iss ion will be taken on Monday ,
November 9111 at 4:45 pm in the Co mmi ss ion Chambe r.
BUDGET: Nooe
RECOMMENDATION: Approve the 90-Day Calendar for October through December 20 15
ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (October through December
20 15)
CJTY MANAGER: -H, ?a.a .:2tVY=.
AGENDA ITEM:
DATE:
Grant Update,
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
City Manager Report
October 1, 2015
AGENDA ITEM# 9B
OCTOBER 12, 2015
The City received word from F.I.N.D. that our grant for the Dutton Island Improvement was
approved. Below is an excerpt from the notification of the award and attached is the list of
projects awarded for your information.
From Janet Zimmerman, Asst Executive Director ofF.I.N.D.
At Wednesday night's FIND Final Tax Hearing, the Board approved the attached list and final
recommended funding amounts for the 2015-2016 Waterway Assistance Program that will be
effective October 1, 2015. Please see the approved list and amounts as attached.
BUDGET: The 2016 Annual Operating Budget included $540,000 for the Dutton Island
Improvements of which the City would pay half. The FIND Grant was approved for $270,000.
ATTACHMENTS: List of Approved Projects