Loading...
11-23-15 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING November 23, 2015 -6:30 PM AGENDA Invocation and pledge to the flag Call to order 1. A. Approve the minutes of the Commission Meeting ofNovember 9, 2015. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Public Hearing-Sign Waiver (715 Atlantic Boulevard). B. COAB Community Redevelopment Area-Technical Advisory Committee 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. Approve the execution of the Easement at 1964 Francis A venue by the City Manager for recording by the City Clerk. B. Award annual contracts for environmental laboratory services to Environmental Conservation Laboratories, Inc., ALS Environmental and Advanced Environmental Laboratories, Inc. (RFP No. 16-01). C. Approve the award of Bid No. 1516-02 -Annual Contract for Polymer to Fort Bend Services at a cost of $1.1 0 per pound. D. Approve the award of Bid No. 1415-07 "Utility Contractor, Annual Service Contract" to Gruhn May, Inc. 5. Committee Reports A. Appointment to fill the vacancy on the General Employees' Pension Board of Trustees. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-15-135-Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,2015 FOR AMENDING THE GENERAL EMPLOYEE PENSION BUDGET TO PROVIDE FOR INCREASED RETIREMENT DISTRIBUTIONS, AND PROVIDING AN EFFECTIVE DATE. 1 8. Miscellaneous Business (Discussion only) A. Bennett Property. (Mayor Reeves) 9. City Manager A. 90-Day Calendar (December 2015 through February 2016). 10. Announcements/Comments Adjournment 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 5:00PM, Friday, November 20,2015. 2 IN ATTENDANCE: Mayor Carolyn Woods MINUTES REGULAR CITY COMMISSION MEETING November 9, 2015 CITY HALL, 800 SEMINOLE ROAD City Manager Nelson Van Liere AGENDA ITEM #lA NOVEMBER 23, 2015 Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark City Attorney Richard Komando City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30p.m. Mayor Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of October 26, 2015. Mayor Woods asked ifthere were any corrections to the above minutes. There were no corr-ections, 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. John November, 271 East Coast Dr., attorney for the Bennetts, passed out a handout with contract details to the Commission. He addressed the acquisition for the Bennett propetty. He stated there has been some discussion today about his legal fees being paid from this transaction stating the money doesn't matter to him. He stated all that matters is having this property protected, which is why he has decided he will take no legal fees for his participation in this transaction. He further addressed the money to be paid to the realtor, stating the realtor has decided that if his independent counsel allows him to either donate that money or credit that money to the City after the time of the sale he will either donate or credit that money to the City as allowed under this transaction. Mike Borno, 223 Ocean Forest Dr. N., addressed the short sale and purchase HUD statement under 3C and the HUD statement under 7B, stating they are not the same. He questioned whether they are doing right tonight without those documents being done corr-ectly. He stated he applauds John November for his comments but believes they should be in writing and be part of the record if that is what he desires to do. He stated he does not believe he can obligate the real estate agent to do what his choices are regarding donating the money, etc. He believes all of that needs to be done in writing, as part of the record, so everybody understands and has the same piece of paper and are dealing with the same issue. He stated he has no heartburn about whether that prope1ty sells and goes to the park or it doesn't sell, but it needs to be done properly. Chris Jorgensen, 92 W. 3rd St., addressed his concerns about opening the condo gate on Club Drive. He also suggested widening Club Dlive and putting in a sidewalk. November 9, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 23, 2015 Page2 Julia Hite, 1055 East Coast Drive, thanked Commissioner Beckenbach, Commissioner Mark and Mayor Woods and gave each flowers as a token of gratitude from their friends and neighbors in Atlantic Beach. Mayor Woods recognized former Mayors Lyman Fletcher, Mike Bomo, and Suzanne Shaughnessy and Mayor-elect Mitch Reeves, in the audience. Suzanne Shaughnessy, 168 Oceanwalk Dr. S., thanked all of the Commission for their service and expressed her gratitude to each of them. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Use-by-exception 15-UBEX-1066 to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the Code within the Commercial General (CG) Zoning District at 1011 Atlantic Boulevard. Building and Zoning Director Jeremy Hubsch explained the use-by-exception, stating the Community Development Board voted unanimously to approve with no conditions at their October 27 meeting. Motion: Approve 15-UBEX-1066. Moved by Mark, Seconded by Daugherty Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. Use-by-exception 15-UBEX-1067 to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the Code within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 9. Mr. Hubsch explained the use-by-exception stating this went before the Community Development Board on October 27 and they unanimously recommended approval with no conditions. He stated staff also recommends approval. Motion: Approve 15-UBEX-1067. Moved by Mark, Seconded by Daugherty Mr. Hubsch answered questions from the Commission. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED C. Short Purchase and Sale Agreement for 280 Camelia Street, Bennett Property Counter Offer. November 9, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 23, 2015 Page3 City Manager Van Liere explained this is on the agenda tonight because there was a counter offer that changed some of the terms but not the amount of money that the City would pay. He stated Mayor Borno is correct that the HUD statements on the Ordinance and on this item are different; they were both drafts and he imagines it will change again before the final paperwork is done, if they proceed. He stated this is to decide if they want to accept the counter offer and go forward. Commissioner Daugherty asked how do they do this legally because with the original situation Mr. November was going to be getting paid $1800 from the bank for his efforts and the realtor was getting a token $500 commission. He stated now that money is involved there is the appearance to the public that there might be some impropriety going on, which raised flags for him. He asked how can they do this so it is legal and everybody is above board. He asked what is the best course of action right now. Mr. Komando stated he will leave it up to the Commission as to whether they want to defer it. He stated his issue with the transaction with the counter offer and some of the information distributed today was whether or not Mr. November was receiving payment out of the commission for the real estate agent. He stated with Mr. November's comment that he is not looking to receive any payment; that alleviates his legal concern about the propriety. He stated as far as the counter offer is concerned, there were a number of representations made by Mr. November today and it would be appropriate to memorialize those if that is something the Commission wishes to ensure is included as part of the acceptance of the counter offer. Mr. November further explained the purchase agreement. Mr. Komando stated he would recommend that there still be a condition/provision that it is subject to Commission approval. Discussion ensued. Ryan Nix, 1525 Selva Marina Dr., explained his relationship with John November and what his involvement was in the real estate deal. Mayor Woods asked the City Attorney to clarify that what they are looking at is the same paperwork they looked at the last time they voted on this. Mr. Komando stated, with some changes; there are different drafts of the HUD statement that have been proposed. Mayor Woods asked if the money is the same. Mr. Van Liere stated the $200,515 is the same number on both. Discussion ensued. Mayor Woods asked the City Attorney if what they have before them is legal. Mr. Komando stated the documents are legal. He stated his issue was where the commissions were being paid to someone who was not a realtor. Further discussion ensued. Motion: Authorize the City Attorney and the City Manager to accept the counter offer necessary to purchase 280 Camelia Street subject to the final approval of Ordinance 20-15-133 and to sign all necessary documents related to the agreement. Included in that is that Mr. November will not be receiving any legal fees for this transaction and the final closing of this property shall be subject to Commission approval. Moved by Mark, Seconded by Beckenbach Discussion ensued regarding the HUD statement. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED November 9, 2015 REGULAR COMMISSION MEETING 4. Consent Agenda AGENDA ITEM #lA NOVEMBER 23, 2015 Page 4 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. Approve all employee insurances listed on the staff report effective January 1, 2016 through December 31, 2016 and authorize the City Manager to sign related insurance renewal documents. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Item A, as read. Moved by Mark, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 15-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING THE 42 INCH DIAMETER LIVE OAK TREE AT 381 3rd STREET AS A HERITAGE TREE. Mayor Woods read the Resolution by title. Mr. Hubsch showed slides of the tree nominated to be a Heritage Tree. He explained the significance of a heritage tree is that if someone was ever to take this tree out, the mitigation increases from 2:1 to 1:1. Commissioner Daugherty asked ifthere is any way we recognize people who do this. Mr. Hubsch stated they have thought about getting plaques. Motion: Approve Resolution No. 15-12 to designate the 42 inch diameter live oak tree at 381 3rd Street as a Heritage Tree. Moved by Mark, Seconded by Daugherty Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. RESOLUTION NO. 15-16 November 9, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 23, 2015 PageS A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING POLICE OFFICERS AND FIREFIGHTERS; REQUESTING LAW ENFORCEMENT AGENCIES TO INVESTIGATE THE JACKSONVILLE POLICE AND FIRE PENSION FUND'S STABILITY AND SOLVENCY; PROVIDING FOR DIRECTION TO THE CITY CLERK; AND PROVIDING FORAN EFFECTIVE DATE. Mayor Woods read the Resolution by title. She explained why she supports the Resolution. Motion: Approve Resolution No. 15-16. Moved by Daugherty, Seconded by Mark Commissioner Hill asked if he needs to recuse himself from the vote because he receives compensation from the Jacksonville Police and Fire Pension Fund. Mr. Komando state he does not believe the amount he receives will trip the threshold for a voting conflict. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 95-15-111, Public Hearing and Final 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 DESIGN STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 95-15-111 by title. Mr. Hubsch explained they removed the section about curb cuts from the ordinance and the Community Development Board recommended approving it with the curb cut provision taken out. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Motion: Approve Ordinance No. 95-15-111 as read. Moved by Mark, Seconded by Daugherty Commissioner Hill explained why he is not in favor of the ordinance. Commissioner Daugherty stated he believes the ordinance is good for the businesses and the citizens. Discussion ensued. Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 1-Hill MOTION CARRIED B. ORDINANCE NO. 20-15-133, Public Hearing and Final Reading November 9, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 23, 2015 Page 6 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30; 2016 FOR THE PURCHASE OF 280 CAMELIA STREET, AND PROVIDING AN EFFECTIVE DATE Mayor Woods read Ordinance No. 20-15-133 by title. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Mr. VanLiere explained this is to fund the purchase of the Bennett property. Motion: Approve Ordinance No. 20-15-133 as read. Moved by Mark, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Sign Waiver (715 Atlantic Boulevard). Mayor Woods stated she believes this should be on the next agenda for the new Commission. Motion: Defer to the end of meeting for the new Commission. Moved by Daugherty, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. • 90-Day Calendar (November 2015 through January 2016) Mr. VanLiere reported there is a tentative Town Hall meeting scheduled for Saturday, January 9. He gave special recognition to police officers, Tiffany Layson, Dale Hatfield, Jimmy Hundley, and Adrian Moore who apprehended the burglar who was breaking into all the cars. He also thanked Public Safety and Public Works who were up all night last night with the storm trying to keep the sewer lift station working, moving barricades around and trying to close streets. He thanked Mayor Woods, Commissioner Beckenbach and Commissioner Mark for the honor to serve them the past two years. 10. Reports and/or requests from City Commissioners and City Attorney November 9, 2015 REGULAR COMMISSION MEETING Commissioner Daugherty • Echoed comments about staff, stating they were out there very early in the morning. • Stated it has been a privilege to work with Mayor Woods the past six years. • Stated he admires Commissioner Beckenbach and will miss him. AGENDA ITEM #1A NOVEMBER 23, 2015 Page7 • Stated Commissioner Mark is the smartest person up here, does the most homework on the agenda and thanked her for her service. Commissioner Hill • Thanked everyone for the rnentorship they brought to his first two years, stating it is an incredible learning experience. City Attorney Komando • Stated he responded to Mayor-elect Reeves' email regarding the sign ordinance but didn't respond to everyone else due to Sunshine laws. Stated if others had questions, please see him and he would provide them with the same memorandum. • Stated it has been a pleasure to work with Commissioners Beckenbach and Mark and Mayor Woods. He stated he values and honors the opportunities they have had to work together. He stated he wishes them the best. Commissioner Mark • Stated it has been her honor to serve with the Commissioners and Mayor. • Stated it has been a pleasure to work with the staff. • Stated Marsh Fest was a success last weekend and thanked Timmy Johnson and his department, Public Works and the Police Explorers. • Thanked the citizens of Atlantic Beach for giving her this opportunity and allowing her to serve as their Commissioner, stating she has really enjoyed this and it has been a great experience. • She wished good luck to the incoming Commissioners and Mayor-elect Reeves. Commissioner Beckenbach • Thanked his wife, Jacquelyn, for her understanding and patience over the last four years. • Thanked the staff, stating we have a fantastic staff here. He stated during the storm, Public Works and the police were out there and he wanted to thank them from the bottom of his heart for everything they do. • Thanked the Commissions he has served with and also the new Commission corning in for stepping up to the plate. He wished them all the best. • Thanked the citizens for allowing him to serve them. Mayor Woods • Thanked her husband, Jeff, and her daughter, Madeline, for their support. • Thanked her supporters and campaign volunteers. • Stated the staff has been wonderful and they work together well. She thanked them very much. • Thanked her fellow Commissioners, stating they have gotten a lot done. November 9, 2015 REGULAR COMMISSION MEETING Recess of Retiring Commission AGENDA ITEM #lA NOVEMBER 23, 2015 PageS There being no further discussion, Mayor Woods declared the meeting of the retiring Commission recessed at 8:06p.m. and turned it over to the new Commission for the next portion of the meeting. November 9, 2015 REGULAR COMMISSION MEETING Oath of Office for New Commission A. John M. Stinson-Commissioner Seat 2 B. M. Blythe Waters-Commissioner Seat 3 C. Mitchell E. Reeves -Mayor-Commissioner Seat 1 AGENDA ITEM #lA NOVEMBER 23, 2015 Page9 City Clerk Donna Bartle administered the Oath of Office to John M. Stinson-Commissioner Seat 2, and Hon. Brent Shore administered the Oath of Office toM. Blythe Waters-Commissioner Seat 3; Hon. Linda McCallum administered the Oath of Office to Mitchell E. Reeves -Mayor-Commissioner Seat 1. The signed Oaths of Office are attached and made part of this official record as Attachment A. MINUTES OF THE MEETING OF THE NEW CITY COMMISSION OF THE CITY OF ATLANTIC BEACH IN ATTENDANCE: Mayor Mitchell E. Reeves Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner John Stinson Commissioner M. Blythe Waters Call to Order of New Commission City Attorney Rich Komando City Manager Nelson VanLiere City Clerk Donna Bartle Recording Secretary Nancy E. Bailey The meeting of the new Commission was called to order by Mayor Reeves at 8:23 p.m. City Clerk Bartle called the roll. Mayor Reeves declared they had a majority and will move forward. 11. Courtesy of the Floor to Visitors/Citizens Mayor Reeves opened the Courtesy of the Floor. He explained the process for public comments. Chris Jorgensen, 92 W. 3rd St., thanked the new Commissioners. He asked that they think about the voting districts and breaking up the west side. Suzanne Shaughnessy, 168 Oceanwalk Dr. S., congratulated the Commission individually and as a group stating they are about to become the stewards and architects of the City and guardians of the quality of life. Carolyn Woods, 303 6th St., congratulated the new Commissioners. She stated they will develop their own style and own agenda and will have their input. She commented about the past election campaign. Mike Whalen, 1420 Mayport Road, congratulated the Commission and asked they don't forget about the small businessmen on Mayport Road corridor. Steve Fouraker, 387 6th St., addressed the flooding last night. He stated this morning the water had drained and what that was from was a brave Commission that really tried to protect our quality of life here in Atlantic Beach. He stated Mayor Suzanne Shaughnessy, the mayor at that time, withstood attacks and directed the Commission in a brave fashion. He stated Mike Borno led a committee of citizens that examined our drainage situation and they came up with solutions as citizens and our City is able to drain. He stated this community will benefit from the Commission being up there and being a strong, fair, ethical and brave Commission. November 9, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 23, 2015 PagelO Bonnie Hansen, 2393 Ocean Breeze Ct., stated she is very proud of Mayor Reeves and knows there will be times when people will attack each and every one of them. She stated she is so proud that he chose to be kind rather than right tonight. Susan Green Fairbairn, 711 Paradise Lane, stated they got 15 inches of rain last night at their house. She thanked everyone who went out to help with the flood last night. She stated she believe Mayor Reeves ran a great campaign. She stated she is thankful they live in a country where everybody is free to say how they feel, with respect and honor, and that they can all still be friends and talk about it the next day. She congratulated and welcomed him. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 12. Recognition of Outgoing Commissioners A. Resolution No. 15-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING MAYOR CAROLYN WOODS FOR HER DISTINGUISHED PUBLIC SERVICE. City Clerk Bartle read the Resolution in its entirety. Motion: Approve Resolution No. 15-13 as read. Moved by Hill, Seconded by Daugherty Votes: Aye: 5-Daugherty, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mayor Reeves presented the Resolution and a gift from the City to retiring Mayor Woods. B. Resolution No. 15-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING COMMISSIONER MARK BECKENBACH FOR HIS DISTINGUISHED PUBLIC SERVICE. City Clerk Bartle read the Resolution in its entirety. Motion: Approve Resolution No. 15-14 as read. Moved by Daughetiy, Seconded by Stinson Commissioner Daugherty stated he wanted to add an amendment on this Resolution because of his tenacity and commitment toward open government. Commissioner Stinson thanked Commissioner Beckenbach for seeking him out and hearing what he had to say when he attended the Commission meetings before he became a Commissioner. Commissioner Waters thanked him for his years of service. Mayor Reeves thanked him for the service he has given; he has been a gentleman in the way he has held himself on this Commission and he admires that. November 9, 2015 REGULAR COMMISSION MEETING Commissioner Daugherty stated he did want to propose an amendment to this Resolution. AGENDA ITEM #lA NOVEMBER 23, 2015 Page 11 Motion: Amend to add after the last Whereas, "Whereas Mark Beckenbach was instrumental in creating a more open form of government in Atlantic Beach." Moved by Daugherty, Seconded by Hill Votes: Aye: 5-Daugherty, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mayor Reeves called for a vote on the Resolution, as amended. Votes: Aye: 5-Daugherty, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mayor Reeves presented a gift from the City to retiring Commissioner Mark Beckenbach. C. Resolution No. 15-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING COMMISSIONER MARIA MARK FOR HER DISTINGUISHED PUBLIC SERVICE. City Clerk Bartle read the Resolution in its entirety. Motion: Approve Resolution No. 15-15 as read. Moved by Stinson, Seconded by Waters Votes: Aye: 5-Daugherty, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mayor Reeves presented the Resolution and a gift from the City to retiring Commissioner Maria Mark. 13. Miscellaneous Items for Action. A. Mayor Pro-Tern Appointment. Mayor Reeves stated he would like to defer this item to do more research. B. Appoint Commissioner to Chair the Board Member Review Committee. Mayor Reeves stated his recommendation is to continue with Commissioner Hill in that position. Motion: Approve appointment of Commissioner Hill to Chair the Board Member Review Committee. Moved by Daugherty, Seconded by Stinson November 9, 2015 REGULAR COMMISSION MEETING Votes: Aye: 5-Daugherty, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 14. Miscellaneous Business (Discussion Only) A. Sec. 2-19 Rules of Conduct and Procedure at meetings. AGENDA ITEM #lA NOVEMBER 23, 2015 Page 12 Mayor Reeves stated he wanted to set some guidelines that they are all comfortable with and agree on what will be used throughout the meetings. He proposed that they have a workshop to discuss the procedures before November 23. Discussion ensued. City Clerk Bartle reported the days when the Chamber is available. Mayor Reeves tabled this item to discuss Item B before scheduling a workshop. B. COAB Community Redevelopment Area -Technical Advisory Committee. Mayor Reeves stated they are going to have a representative come to talk to the Commission to bring them up to date on what this is about at a workshop before the Commission meeting on November 23. He stated this will require an advisory board. He asked Mr. Hubsch to name the people staff believe should be on it. Mr. Hubsch stated the members staff selected will be the Beaches Chamber Director; Bob Kosoy from FDOT; Donna Rex from Beaches Habitat; Josh Ashby from Fleet Landing; and Matt Shellhorn who is the Navy's liaison. Mayor Reeves asked the Commissioners that they each come back to the workshop on the 23rd with the names of 2 citizens each in addition to those named above to serve on the advisory board. He stated, provided in the agenda, was a suggested list of citizens who wanted to volunteer. He further suggested they invite the two they pick to the workshop so they can listen to the presentation. Discussion ensued. It was the consensus of the Commission to have a workshop prior to the meeting on 11123/15 at 5:00pm. Mayor Reeves brought Item 14 A back up. Mr. Komando suggested that they combine both items into one workshop as two different agenda items so they aren't limited by time. It was the consensus of the Commission to include the discussion on Item A prior to Item B on 11123115 at 5:00pm. Mayor Reeves asked that they don't choose someone who is already serving on a board or committee; they cannot serve on two. He stated this advisory board will only meet three time in eight months. Commissioner Daugherty stated, to avoid duplication, he reviewed this before the meeting and his two nominations are going to be Rich Trendel and Atillio Cerqueira. Mayor Reeves stated his choices are Mike Whalen and Mike Bomo. C. Sign Waiver (715 Atlantic Boulevard). (This item was deferred under Item SA and move to here from earlier in the meeting.) Mr. Hubsch explained the sign waiver. He showed slides of the site location. He answered questions from the Commission. Commissioner Hill stated they need a line of site under the signs and our Ordinance doesn't address it properly. Discussion ensued. It was the consensus ofthe Commission to bring this back to the next meeting for action. November 9, 2015 REGULAR COMMISSION MEETING 15. Announcements/Comments Commissioner Stinson • Looking forward to working with the Commission. AGENDA ITEM #IA NOVEMBER 23, 2015 Page 13 • Thanked staff and is impressed with the quality and caliber of people our City has working for it. • Thanked the citizens for showing up and for awarding him this seat, stating he will work very hard not to let them down. Commissioner Hill • Stated the City managed the extreme flooding very well. • Advised the new Commissioners that if they think they have a good idea, don't bring it to the Commission but let a citizen group bring it for you because most of your good ideas need to be vetted through the community. • Stated to the Commission that left, he believes they did a lot of good work and thanked them for their service. Commissioner Waters • Thanked staff who have met with her over the last couple of months. • Thanked Public Works and Fire Safety for their hard work last night. • Thanked Timmy Johnson and Parks and Recreation for their hard work at Marsh Fest. • Congratulated Dig Local and the Beaches Local Food Network for a successful fundraiser. • Thanked the outgoing Commission for all the hard work they did and the good things they accomplished. She stated she looks forward to serving with both Commissioner Daugherty and Commissioner Hill as they move forward. Commissioner Daugherty • Looks forward to working with the new Commissioners and Mayor Reeves. • Stated he was sony for the way things went down tonight and he believes Mayor Reeves handled it better than a lot of people would have. • Expressed concern that the Red Cross had set up shelter for people last night but no one showed up. He stated he is wondering about the communication between the City and the Red Cross in that situation and how they can communicate things like that better to the City. • Thanked everyone who was out there last night. • Advised the new Commission that if they see the Commission doing something they don't agree with speak up but once the vote goes against the way you want it to go, stand with the Commission. He stated it is important for the public to see that they are united and don't fight between each other. City Attorney Komando • Welcomed the new Commissioners and Mayor, stating he looks forward to working with them. Mayor Reeves • Announced that each of the Commission has to take a four hour ethics class. • Apologized for the City that the press and citizens saw what happened tonight. He stated this City is a wonderful town of wonderful people. He stated he has had many people that did not support him and did not vote for him, who are standing next to him, full force, to move this city in the right direction and he thanks them. He stated in no way is his family ever to be attacked in any issue; they are November 9. 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 23, 2015 Page 14 victims ofhim mnning for office. He stated you can attack me any time you want; you do not attack my family. He stated tonight was one of the hardest things I've ever had to do to sit here and watch my daughter cry. He stated family is important and he put notice, right now, you do not attack my family; you can attack me all you want. He stated again he apologized that the City had to see what happened tonight and assured the City that this is a wonderful Commission. • He stated no one would have ever expected and the City could never plan to handle what they had last mght. He stated they had 12 inches of rain. He stated he witnessed the Fire and Police Departments and City crews helping the citizens. He stated he also saw citizens clearing out drains. He stated that is what this City is about; not what they witnessed tonight. Commissioner Hill • Stated there is a lot of pothole damage, and asked the City Manager if they need to put in any additional funds toward this as an emergency action by the Commission to inspect and immediately repair. Mr. Van Liere stated they do have funds that they have not awarded bids for paving right now but he needs to get with Public Works to get an assessment of how much damage they have. He stated what they would do is accumulate all of those jobs into one bid for a contractor to handle. Commissioner Hill asked if he needs any additional funding for staff to do the inspection part. Mr. Van Liere stated he would get back to him on that. Mayor Reeves • Thanked the City Manager for sending out the email letting everyone know what was going on, stating he believes it was a helpful tool to all of the Commissioners. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:53pm. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer ATTACHMENT A November 9, 2015 I, John Stinson, solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and wiJl faithfully discharge the duties of the office of Commissioner"Seat 2. Oath of office administered by: Donna L. Bartle City Clerk John M. Stinson Commissioner-Seat 2 '' AITACIIMENT A November 9, 2015 I, Blythe Waters, solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State ofFlorida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and wi ll faithfully discharge the duties of the office of Commissioner-Seat 3. Oath of office administered Brent D. Shore County Court Judge M. Bl Waters Commissioner -Seat 3 AITACHMENT A November 9, 2015 I, Mitchell Reeves, solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and will faithfu lly discharge the duties of the office of Mayor. Mitchell E. Reeves Mayor -Seat 1 AGENDA ITEM: SUBMITT.I1D BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH C1TY COM M rSSJON MEETING STAFF REPORT Sign Waiver (7 15 Atlan tic Boulevard) Jeremy Hubscl1 9 Building and Zoning Director 'J:f October 15, 20 15 AGENDA ITEM #3A NOVEMBER 23,2015 The existing gas station M 7 15 Atlantic Boulevard was formerly branded as BP, but is now being converted to Mobil. The rebranding requires converting the existing BP sign to a Mobil sign. The existing sign is considered a legal non-conforming sign. It is non-conforming because it is taller and has a larger sign face area than allowed by current code. Section 17-5 1 (3) (cl) states that non-conforming signs shall be made conforming when "Any change, which alters the matcl'ialuscd for the display area or face area by 111ore than twenty-five (25) percent". The proposed conversion to the Mobil sign would constitute a greater than 25% change to the display area and require the sign to meet ctll'rent code. The current: sign code has a maximum height or eight feet and maximum sign display area of96 square feet. The applicant is seek ing a wa iver from the req uirement to reduce lhe sign to eight feel in height. T hey are proposing to reduce the existing sign fi·om 23 feet to 18 feet and the sign display area from 126 square feet to 9 1 square feeL This will bring the display area into compliance w ith the new code. However, the sign w ill still be ten feet taller than allowed by code. According to Section 17-52, requests to waive provisions of the Atlantic Beach Sign Code can be made upon application to th e City Commission. "The applicant requesting such waiver shall have the burden of demonstrating the need for the requested waiver, and that the waiver is not in conflict with the intent of this Chapter". The applica nt intends to present its case at the NO\Iernber 23 rd City Commiss ion meeting. BUDGET: RECOMM.ENDATION: ATTACHMENTS: materials None. None 715 A tlantic Boulevard Sign Waiver Application and supporting REVIEWED BY CITY MANAGER: AGENDA ITEM 11311. NOVEMBER 23,2015 APPLICATION FOR WAIVER FROM CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES City of Atlnntic Bench · 800 Seminole Road ·AtlAntic Beach, Florida 32233-5445 Phone: (904) 247-5800 · FAX (904) 247-5805 · http://www.conb.us Applications requesting that certain provisions of the sign regulations be waived may be made to the City Commission in accordance with the fo llowing section of the Code of Ord inances for the City of Atlantic ••I B~~. I Sec. 17-52. Requests to waive certain terms of this ChaJ>tcr. Requests to waive terms of this Chapter may be made upon specific application to the City Commission, with proper public notice required, provided that no waiver shall be requested that would allow a Prohibited Sign, or any otherwise unlawfll l Sign. The applicant requesting such waiver shall have the burden of demonstrating the need for the requested waiver, and that the waiver is not in conflict with the Intent of th is Chapter. The terms of any waiver to the provisions of this Chapter shall be established by order ofthe City Comm ission. PROPERTYLOCATION (1$'" (.j'\lAN)\L (1c~\J . APPLicANT fj-r \lL Perttid DATE _ _,a""'-'~=-t-\ _,_,\\)....._)~. ~1£~-... __ _ ZONING DISTRICT----- TYPE OF SIGN AND METHOD OF CONSTRUCTION (Provid e req uested height, dim ensions, size, mnterinls, ilmninntion, nud nny otl)er information needed to fully descl'ibe the type ofsi n(s) proposed. ~. '-\t.., ' cU:. "'J'W> C:.\&\0 y>j'\\ ~ ~~£1 )(?Ck"r (.< ,J-.c:(\-v..p \1\C\!,p Nll4J l) ,._,")l.~~~~~....:.·------- AppJicant is advised that any 'Jf..~val authorizing a waiver from the .. City' o~ A;Jntic Beach sign regulations does not constitute approval for the issuance of n Building Permit. A Building Permit for Sign(s), demonstrating compliance with Section 3108, Florida Building Code, along with required fees is required. PLEASE PROVIDE ONE SIGNED ORJGINAL OF THIS APPLICA TTON ALONG WlTH T HE FOLLOWING REQUIRED INFORMATION. IF COLOR MATERIAlS OR DRAWINGS LARGER THAN 11 BY 17 INCHES ARE SUBMIITF.D WITH THIS REQUEST. J''LEASE SUBMIT EIGHT (8) COPIES OF THESE AITACHMRNTS. 1. For all Freestanding Signs, include sut·vey or site plan showing location of pl'oposed sign(s), nnd nil dimensions including height nnd distRncc from property lines or right-of-ways. For Wnll, fo'nscin ond other types of Signs, include clcvntlon drawing showing location in rciRtion to ndjncent signs, mounting detnilnnd type of illumination, if Any. 2. Pt·ovide linelll' frontnge of office, business o1· storefront, or entire building, ns npproprinto. 3. Stntemcnt demonstrnting the need fot• the requested waiver, nnd thnt the waiver is not in conflict with th o Intent of the City's sign rcgulntions. 4. Provide completed owner's authorization form if npplicR nt is other thnn property owner. •ORMATION PROVIDED WITH THlS APPLICATION IS CORRECT. SIGNATURE __ _]~~~~~:__~---PRINT NAME --..LA__:_...,-..~...:hli.LJl.~ooo<uR..Lfn:....:....ar;.~'vL..Jo..o:... ____ _ ADDRESS AND CONTACT INFORMATfON OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TIJJS APPLICATION (PLEASE PRINT) NAME vL D 8 6: MAILING ADDRESS ]SL~ C:.§.r>fi\){l..\0(\) ~\c.\U'-j S.o\'1'2 PHONE '104 Cj '3_':) S"'"\ 2.'\ FAX :Pk ~<jl._ 9~~3, / .0.0 4 1 ':SP..C,.\<~(){\)\1\ \J.g:. L ~::Lt:5"6 E-MAIL A~c) .... l&,>r.e\Q lc!.V)\\1-rv;~; \ .c.lf\"<1 ~---------1 \ I I LETTER OF AUTHORIZAT~ON · Affidavit To Whom It May Concern: AGENDA ITEM #3A NOVEMBER 23, 2015 This letter authorizes Taylor Sign & Design, ln~r thejr Agents or Subcontractors) to act as Agent, to secure permits or variances required by the loc'~! governing body, and to perform sign or awning installations, rem<?vals, or maintenance at the property located at: CompanyName: {3~tA ~OOQ f~1 \tJc:_ Name:·. A ttJL fA-ce:_L Phone Number: Cfolj, c:< .l..'J, S' \ 2..~ -Title: @;.<-6\ Dr'('}'). Address: 7'S'Lt6: C.€_Nl\)A..\.0l\.l ~\.4sL}j S U\l.Q:... l...el< 3A04'r:-N\Jlt.t.L tL 8'2-).31, ~ ( ~ SIGNAREOFPROPERTY OWNER/AGENT STATE OF Aoc·.do.. COUNTYOF~D~· ~vv~J=-------- Sworn to and subscribed before me this !S'rt.. day of __ m_a..::r-V--' 20 15 . Signature of Notary State of I::J&r;dq_ Print or Type Commissioned Name of Notary Public Personally Known (~OR Produced Identification ( ) Type of Identification Produced: _______ Commission Expires 3 /:s 0 /I 5 (Notary Stamp or Seal Required) ··-----·---------------.. MOBIL 715 ATLANTIC BLVD -· --. ~ 11 EXISTING PYLON SIGN TAYLOR.. 3ign ~ »e~ign. 3nc. COMMERCIAL SIGN TECHNOLOGIES S~~~tcCaOf,.IIES120(1()117 www.TaylorSignCo.com 4162 St. Augustine Rd. Jaclcsonville, Fl32207 Phone: 904/396-4652 • Fax 904/396-3717 COMPANY CONTACT Andy Patel andypalel@kwlk~ipoi.ccm ADDRESS 715ATlANTIC BLVD ATLANTlC BEACH, FL 32233 DATE 9/17/2015 REVISION N/A 21 PROPOSED NEW CABINETS SALES PERSON Ken May DRAWING NAME Mobil715 Atlantic Blvd.CDR DRAWING BY Richard Smith APPROVED BY This sign meets or exceeds , 132 mph wind zone · requirements as per 2014 Florida Building Code. This artwork protected under copyright l~w and is the original property of Taylor Sign & Design, Inc. and is not to be reproduced, duplicated, or distributed without written pennission or a payment of $1250.00. C 2012 Taylor Sign & Design, Inc. DATE ... :'. \ .. . . .·v:· .',.. • :;.· .. :··· .. r. ·.-~· ·!~ ~. ~-·:·: · .. · .... ·,:, .. ·:·. · .. :'+-:.': < .· ... ,,r. • ·.·: .. ~ •. .-· ·.;:.l .'· ... ~-!·, .. ~· .. ·. , . ·~:; :.:~~-~ ~ ·~ .. tr.r~ ·~. ·. · .. ;. ~· ·:· ... ·:-~' .· : . ., .. '!.: .. \;~·.<: . ... ·. . ~ ::::_. : ~-·-··. , .. ; ..... -~ . .: ~() '~ '~ :.:~ ~.:.~ . ::-... ,.)•, ·. ~·_;· ·: ~. . . ,. .. - ... .· . ~·· . ... ·-·~~-· .·.cJ ,,; .. ;r)·: . /· . co.....:.. .. ' .. : .... ·.·- ·. ·.· · .... :.· . '·'. . . rJ) 0 ....J • ~ en .... \ \ OR OP INLET 0 0 t" .... ;-.. - No. 1·10 FiNISHED FLOOR ·~ 14.90 10.3.3' • DROP 1Nl£T0 CONCRETE CURS . . CON':RETE ~wtR PO~· . • . ·. · · , · ,;· ~N 89 1-3·.58 ·= E . =·I ........ · ·.-.. .... · . . . e O·N C R £ T E :\ ... .. fEcnoNO ~ \ ·. ·· CO~C~El . 150.0:0 · .. , · ( i 50.02' · FIELd ) w.A L K .. 7 · ... ··A· T ~YO VYid S!jn . L .;A .· N ·.·. T ·~1. .c·. .· ... ·B ··.0 ·.u .L STATE ·ROAD ···No~; 1 0 · & A_:.f..-A · 1 oo' RIGHT oF w~Y · ·. PAVE'D AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT CRA Technical Advisory Committee JCI~my Hubsch, Building and Zoning Dircctor0 October 26, 20 15 AGENDA ITEM #3B NOVEMBER 23, 2015 BACKGROUND: The City recently approved a contract with the firm VHB for the creation of a Community Redevelopment Agency (CRA). The contract calls for the creation of a Technical Advisory Committee (TAC) to assist the City and VHB with the CRA Study. Staff would like to suggest a 15 member committee with 10 members appointed by the City Commission. The contract states the TAC's role is to: • Represent the community and guide the establishment of the Atlantic Beach CRA Plan • Provide input and refinement for the identification of redevelopment issues and opportunities • Assist in the evaluation and selection of the CRA boundary • Assist in the development of the goals, objectives, and benchmarks for implementing the CRA Plan • Participate in Community Workshops • Recommend the draft plan to City Commission • Identify issues to be addressed by the CRA Plan Ideally, the 15 members will represent a broad cross-section of technical experts, residents, business owners, and stakeholders. Staff has had discussions with several prospective members of the TAC, and the interest level and enthusiasm has been strong. Staff has five recommendations for members of the TAC; John Bryan (Beaches Chamber), Bob Kosoy (FDOT), Donna Rex (Beaches Habitat), Josh Ashby (Fleet Landing) and Matt Schellhorn (Navy Liaison). The remaining members can be nominated by the City Commission. Staff has a list of possible members of the T ACto be considered by the Commission. However, this is by no means a comprehensive list of possible candidates. Rich Trendel-Petra Management Bishop Percy Golden-Holy Church of the Living God Michael Hoffmann-resident Jim Gilmore-Infinity Global Solutions Brian Burke-Planner and Landscape Architect Wanda Martin-Francis Avenue Resident Atillio Cerqueira-Mayport Corridor Business and Property Owner Chris Rule-resident Chris Lambertson-Residential Home Building Susan Green Fairbairn-Planning Consultant Tim Anderson-Attorney BUDGET: None. RECOMMENDATION: Consider nominees for TAC Committee ATTACHMENTS: None REVIEWED BY CITY MANAGER: _-___,;?1"'--;L-"/ ._V------!Ac4:L!Ac?~d&~tvt=· '---'-"_g,.__ __________ _ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM II4A NOVF.MBEll 23,2015 AGENDA ITEM : Corrective Gra nt of Drainage Easement £1 . SUBMITIED BY: Douglas E.l~n, PE, PWLF Public Works Director DATE: October 19, 2015 BACKGROUND: An erroneous drainage easement was recorded. The previous recorded easement was erroneously recorded on the wrong side of the propert y. The attached easement corrects the previous incorrect easement. The easement is being granted free to the City by the Resident to allow the City to pipe, enclose and provide future maintenance of an existing drainage ditch. Pip ing of the short ditch is anticipated to be done under the upcoming Francis Street FY 15/16 CDBG project. BUDGECT IMPACT: None RECOMMENDATION: Approve the execution of t he Easement by the City Manager for recording by the City Clerk. AITACHMENT: Corrective Grant of Drainage Easement REVIEWED BY CITY MANAGER: -t1. C/ tU! ,;1(/A...</ 0 AGENDA ITEM #4A NOVEMD~I{ 23,2015 CITY OF ATLANTIC BEACH OFFICE OF THE CITY CLERK UOO SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247-5810 FAX: (904) 247-5846 www.coab.us CORRECTIVE GRANT OF DRAINAGE EASEMENT This Grant of Easement, made and executed tbis __ day of , 2015, by and between Grantor/Owner, ELSIE LYNN THOMAS (hereinafter called "Grantor"), whose address is 1964 Francis Avenue, Atlantic Beach, FL 32233 and the CITY OF ATLANTIC BEACH, a Florida municipaJ corporation, whose address is 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter called "Grantee"). WI TN E S S E T H: WHEREAS, this Corrective Grant of Drainage Easement corrects the Grant of Drainage Easement recorded in Official Record Book 17066, Page 763 (3 pages), cunent public records of Duval County, Florida on February 13, 2015. AND WHEREAS, Grantor is the owner of the real property located at 1964 Francis Avenue, Atlantic Beach, Duval County, Florida, identified as Propetty Appraiser's Tax Parcel Identification Number 172169-0000, and described as follows (the "Prope1ty"): Legal Description: 19-16 17-2S-29E, Donners RIP, Lots 9, 10 11, 12, Block 9, as shown on but not included in Donners Replat as recorded in the official Record Book/Page 10064-01099 ofthe public records of Duval County, Florida. AND WHEREAS, it is necessary for Grantee to have an easement over, across and under a portion of the Property owned by Grantor for the maintenance of drainage improvements. NOW THEREFORE, in consideration ofTen and No/100 DollaJs and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: 1. Grantor hereby grants to Grantee a non-exclusive, permanent and perpetual easement along the southerly boundw·y of Lot 12 and the northerly boundary of Lot 11, seven and one half (7 Yl) feet on either side of the property Jine for a total of 15 feet, 110 feet long from Francis Avenue westerly as shown on Exhibit "A" attached hereto and made a part hereof (the "Easement Area"), together with reasonable ingress and egress upon, over and across the Propetiy, as needed, to repair, maintain and service drainage improvements. 2. Grantor reserves the right and privilege to use and occupy and to grant to others the l'ight to use and occupy (i) the swface and air space over the Easement Area for any purpose AGENDA ITEM# 4A NOVEMBER 23, 2015 which is not inconsistent with the rights herein granted to Grantee; and (ii) subswface of the Easement Area for other purposes which do not interfere with the rights herein granted to Grantee. No hard surfaces may be constructed in the Easement Area without prior written consent of Grantee. 3. By the acceptance and recording of this instrument in the Official Records of Duval County, Florida, Grantee agrees that: (a) All drainage lines, pipes and associated equipment (other than the existing swface inlet, or upgrades to that inlet), installed, operated and maintained by Grantee shall at all times be beneath the surface of the Easement Area provided that the same may be temporarily exposed or removed to the surface when necessary or desirable for the purpose of repairing and/or replacing the same; (b) Grantee shall exercise the easement rights conveyed herein in a manner which will not unreasonably interfere with use and occupancy of residential improvements constructed on the Property by Grantor; and (c) After any installation, construction, repair, replacement or removal of any drainage lines or equipment as to which easement rights are granted, Grantee shall repair, replace and restore in a manner reasonably acceptable to Grantor, the earth and/or fill, landscaping and planting and surface improvements. IN WI1NESS WHEREOF, Grantor has caused these presents to be executed the date first above written. Signed and delivered in the presence of: GRANTOR: ELSIE LYNN THOMAS ~CfVlJfrBtart# 1gnature The foregoing instrument was acknowledged before me this jc;:d-day of oc:lo~o~ 2015, by E/.J/c:... LvJJt--J ·Jl(vk~s . who is personally known to me or who has produced d":/1 J6~D ~ ,;;;;~ ·-W -?9 r-o as identification. , •• •ri(.'l~······, YVONNE M. CALVERLEY f.~ ,..\ MV COMMISSION# EE 184383 l EXPIRES: July 29, 2016 Bonded Thru Nolaly Public Unde!Wrilers Signed and delivered in the _presence of: Signature Print Name: ------------------- Signature Print Name: ----~~~~----~--~ STATE OF FLORIDA COUNTY OF DUVAL GRANTEE: CITY OF ATLANTIC BEACH, A Florida municipal corporation AGENDA ITEM# 4A NOVEMBER 23, 2015 By: --------------------------Nelson Van Liere, City Manager The foregoing instrument was acknowledged before me this day of _____ _ 2015, by Nelson VanLiere, as City Manager, who is duly authorized to execute same on behalf of said entity, and who is personally known to me. Notary Public (Affix Corporate Seal) Donna L. Bartle, City Clerk ArciMS VIewer 16$ lOBO ~ e .... 14 -s 10 1070 us 0 uo SJ.Otl ss $$ 0 GS 26.0 75 1068 u .-;: ::.'iiO..-:-f t': l ~ ~ ~ .. . . II "'j 75 liS 110 1964 ----..a,---'\\ ~,ss~~~o~~:n~.o~~=r~~, ..• Fr~~, .• Fr~~~ •.. ~~-~-~---~.o~~~~.-1•••~ 1054 ~0 50 111 ~ 54 ' GO 0 0 to----m http://maps.coj.net/wcbsite/DuvaiMapsSQL/MapFrnme.htm 1009 1DS5 1045 1041 AGENDA ITEM # 4A NOVEMBER 23,2015 Pngc l of2 ----- 41 0 0 ~ -~ ~ f---10-SD ___ ij 1037 a 4/22/2015 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 4ll NOVEMBER 23,2015 AGENDA ITEM: Professional Services -Annual Contract for Environmental Laboratory Services RFP No. 16-01 SUBMITTED BY: Douglas E. Layton, PE Public Works Director DATE: October 27, 2015 BACKGROUND: This contract is to provide laboratory testing for drinking water, wastewater and storm water as required by regulatory agencies and permits. Water and wastewater process control testing and compliance testing that do not require Department of Health laboratory certification are conducted on-site by City staff. A request for proposals (RFP) was advertised and four proposals were received on October 14, 2015. Staff reviewed the proposals, and ranked the laboratories based on the following criteria: o Past Record of Professional Services o Firm's Professional Qualifications and Staffing o Range of Services a Staff Availability and Capability to Meet Deadlines a Reporting o Financial Responsibility and Insurance IJ Proximity a Cost After the review, the top three ranked laboratories were 1. Environmental Conservation Laboratories, Inc. 2. ALS Environmental 3. Advanced Environmental Laboratories, Inc. All three laboratories had excellent past records and qualifications, and all have local full service capability. As noted on the RFP, up to three simultaneous annual contracts may be awarded for laboratory analyses for water, wastewater and storm water testing. BUDGET: Laboratory services are scheduled on an as-needed basis. Funds in the amount of $64,000 are budgeted for laboratory services in the water production, sewer treatment and stormwater account nos. 400-5502-533-3400, 41 0-5508-535-3400 and 470-0000-538-3100. AGENDA ITEM # 48 NOVEMBER 23,2015 RECOMMENDATION: Award annual contracts for environmental laboratory services to Environmental Conservation Laboratories, Inc., ALS Environmental and Advanced Environmental Laboratories, Inc. ATTACHMENT: Ranking sheets for RFP No. 16-01 REVIEWED BY: --7t Va.a e/uLrz City of Atlantic Beach Environmental Laboratory Services Annual Contract-RFP 16-01 Firm's Staff Availability Firm Past Record of Professional and Capability Financial Professional Qualifications Range of to Meet Responsibility Individual Combined Services and Staffing Services Deadlines Reporting and Insurance Proximity Cost Score Score Rank Scaled Value 4 5 3 4 4 2 5 2 Advanced Environmental 10 10 9 7 8 10 9 8 258 Laboratories, Inc. 511 3 10 10 9 7 8 9 8 9 253 10 10 9 9 9 7 7 9 256 ALS Environmental 517 2 10 10 9 9 9 7 8 9 261 Environmental Conservation 10 9 9 9 9 10 8 8 260 Laboratories, Inc. 520 1 10 9 9 9 9 9 8 9 260 Flowers Chemical Laboratory 10 10 10 6 7 7 5 7 225 463 4 Services 10 10 10 7 8 7 6 7 238 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Polymer -Annual Contract, Bid No. 1516-02 SUBMITTED BY: Douglas E. Layton, PE Public Works Director DATE: 11 /6/15 AGENDA ITEM #4C NOVEMllER 23,2015 BACKGROUND: Polymers are chemicals used in wastewater treatment plants to neutralize electrical charges on sludge particles. This helps the solids clump together to thicken and dewater before disposal at the landfill. Each polymer manufacturer develops and markets several proprietary formulas. Wastewater treatment plants are biological systems that have varied reactions to these polymers. The polymer manufacturers conduct field tests at the plant to demonstrate that the product works. The low bidder meeting all required specifications and document submittal was Fort Bend Services at a price of $1 .10 per pound. Fort Bend Services is our current vendor. BUDGET: Polymer is budgeted in the Wastewater Treatment account number 410- 5508-535-5200 in the amount of $30,000 for FY 2016 RECOMMENDATION: Approve the award of Bid No. 1516-02 -Annual Contract for Polymer to Fort Bend Services at a cost of $1.10 per pound. ATTACHED: Bid Tabulation REVIEWED BY: ----k-1 ~a_, d (g(,g. BID 1516-02 Required Documents Submission in Triplicate Document Requirements Checklist Bid Form Insurance Certificate References -Three (3) Business Tax Receipt Field Testing Data Bench Sheets Field Testing Certification Form Certificate of Analysis for Product Material Safety Data Sheet (MSDS) for Product Drug Free Workplace Public Entity Crimes Statement W-9 Form Documentation of Receipt of Any Addenda Product Name/Number Total Cost Per Pound for Raw Polymer & Shipping Number of Pounds Per 55 Gallon Drum Chemrite, Inc X X X X X X X X X X X X X N/A Chemrite 4260 $1.15 450 City of Atlantic Beach Annual Contract for Polymer for Public Utilities Department 10/28/2015 Fort Bend Services Harcros Chemicals X X X X X X X X X X X X X X X X X NO X X X X X X X X N/A N/A FBS C1282 Zetag 8849FS $1.100 $1.160 450 440 Award of Bid based on Department Analysis and Commission Approval 3:00PM Kemira Water Solutions Polydyne No Bid No Bid N/A N/A CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 1140 NOVEMBER 23,2015 AGENDA ITEM: Utility Contractor SUBMITTED BY: D~~~on,PE Public Works Director DATE: 10/20/15 BACKGROUND: 3 bids for the Utility Contractor, Annual Service Contract were received on 10/14/15. The lowest responsible bid received was from Gruhn May, Inc. The bid is primarily for utility repairs or minor improvements that cannot be performed by City forces. Gruhn May, Inc. currently provides these services to the City in a satisfactory manner under a previous bid. BUDGET: The actual cost to be awarded under this contractor is unknown. Tasks will be awarded under the City's purchasing policy as each need arrives. The cost expended under this contract in FY 2014/15 was approximately $200,000. It is anticipated that costs in future years will be similar. RECOMMENDATION: Approve the award of Bid no. 1415-07 "Utility Contractor, Annual Service Contract" to Gruhn May, Inc. ATTACHED: Bid Tabulation REVIEWED BY: '-"U, (/(}t..n ;JfLA..r.- DESCRIPTION OF HOURLY RATES 3 Man Crew 6 Man Crew Excavator Front End Loader/Backhoe Dewatering Equipment Lifting Hydraulic Crane Totals Cost without Overhead & Profit Overhead & Profit% Overhead + Profit SUBTOTAL FOR OVERHEAD+ PROFIT Mobilization (per project or repair) TOTAL COST FOR PROJECT BID 1011-02 ANNUAL CONTRACT: UTILITY CONTRACTOR SERVICES BID OPENING: OCTOBER 14, 2015 Gruhn May, Inc. Jax Utilities Management TB Landmark $140.00 $390.00 $179.00 $240.00 $780.00 $300.00 $35.00 $110.00 $70.00 $35.00 $80.00 $50.00 $35.00 $55.00 $40.00 $10.00 $1,200.00 $250.00 $495.00 $2,615.00 $889.00 20% 22% 20% $99.00 $575.30 $177.80 $594.00 $3,190.30 $1,066.80 $0.00 $850.00 $1,100.00 $594.00 $4,040.30 $2,166.80 AGENDA ITEM: DATE: SUBMITTED BY: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT Pension Board of Trustees -Fifth Member November 13, 2015 Russell Caffey, Finance Director AGENDA ITEM #SA NOVEMBER 23, 2015 Sec 2-266 of the City Code states that the General Employee Pension Board of Trustees will consist of five (5) trustees with the fifth member selected by the other four (4) members. Per Sec. 2-267 of the City Code the term of office for the General Employee Pension Board of Trustees is four years. At the November 12, 2015 meeting, the General Employees' Pension Board of Trustees voted to select Jim Griffiths as the fifth board member to serve through November 23, 2019. This appointment is recommended as Jim Griffiths is a resident of Atlantic Beach & was selected unanimously by the General Employees' Pension Board of Trustees. FUNDING: No funding is required for this action. REQUESTED ACTION: That the City Commission appoints James R. Griffiths to fill the fifth seat on the General Employees' Pension Board of Trustees beginning November 24, 2015 and ending November 23, 2019. CITY MANAGER: -n t/o-,_ c;/~ AGENDA ITEM# SA NOVEMBER 23, 2015 DIVISION 3 . .,. GENERAL EMPLOY:EEiRETIREMENT SYSTEM Sec. 2-266. -Same-Composition. The board of trustees shall consist of five (5) trustees as follows: .(1) (2) .(3) Two'(2)residents ofthe city to be selected by the city commission and serve at the pleasure of the city commission, who may also serve as trustees ofthe police officer retirement system created in division 4 hereof; Two (2) members of this retirement system who are employees of the city to be.elected by the members of the retirement system who are also, similarly situated· employees of the city; One (1) resitlent of the city to be selected by the other four (4) . ·members of the board of trustees, and whose appointment shall be confirmed .by a'vote of the city commission. 'The elections provided for in subsections (2) of this section shall be held in accordance with such rules as the board .of trustees shall from time to time adopt. (Ord. No. 58-75-4, §.5, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-267. -Same-· Term of office; oath of office. The regular term of office of a member of the board of trustees shall be four (4) years for civilian members, and four (4) years for employee representatives, unless they terminate employment, whereupon a new election will be held by the members o'fthe plan to fill the·unexpired term of their trustee representatives, and four {4) years·Jor the trustee selected by a majority of the other four (4) members of the board .. Each trustee. shall, before assuming the duties of trustees, qualify by takin!iJ,<an•l!lath:ofoffice'to·be.'administered by the city clerk, whereupon a trustee's term .i)foffice shall•begin. (Ord. No~ 58-75-4, § 6; 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 3, 11-23- 98; Ord. No. 58-99-27, § 1, 11-8"99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) CITY OF ATLANTIC BEACH AGENDA ITEM #SA NOVEMBER 23, 2015 BOARD I COMMITTEE MEMBER APPLICATION FORM Please check (--f) the box beside each Board or Committee that you are applying to serve on. If you check more than one, please rank your interest in each board I committee by order of priority. (A summary of each board/committee is available on page 2 of this form.) DATE: Code Enforcement Board Pension Board of Trustees Cultural Arts and Recreation Advisory Committee Cf 1-z-.3 ~/::J APPLICANT'S NAME: ,-I § Community Development Board Board Member Review Committee ADDRESS: DAYTIME PHONE: _ _;_'J-,__.~'---L/_____,C)~7~t;,____y,___ EVENING PHONE: ~ 3/ 772....._3 ~) E-MAIL ADDRESS: a.f-/!Jchi /vn <? 6eif.sotJff,_FAX: __________ _ V VIe/- Please explain any employment experience, board/committee experience, and/or community volunteer experience relative to the board/committee applying for. Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. )_~ ,.//,~~:/'tLt:~~r-.1-h.,«ke-(.-f <>-Cf w.a.,"te."'-e1 Please return completed form o Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of Trustees are required to file Statement of Financial Interest Forms. Also, information regarding "Conflict of Interest'' is provided on page two of this application. This application will expire two (2) years after date of submittal. 1 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH C ITY COMMISSION MEETING STAFF REPORT ORDINANCE NO. 20-15-135 AN ORDINANCE AMENDING THE OPERA TlNG BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER l, 2014 AND ENDING SEPTEMBER 30, 20l5 FOR AMENDING THE GENERAL EMPLOYEE PENSION BUDGET TO PROVIDE FOR INCREASED RETIREMENT DISTRIBUTIONS, AND PROVIDING AN EFFECTIVE DATE. Russell Caffey Dh'cctor of Finance November I 0, 20 I 5 AGENDA ITEM t/7A NOVEMBER 23,2015 The FY15 budget for Service Pay for General Employee Pensioners was budgeted $490,300. In January there was a steep increase in monthly payouts. The increase is a result of more pensioners' retiring and collecting during the fiscal year than was previously anticipated. The liabili ty for these payouts has been captured by the City's Actuarial calculation of pension liabili ty. Staff is requesting the required end ofyear budget modification of$199,756 to fund the distributions. BUDGET: End of year budget modiiication of$ I 99,756 RECOMMENDATION: Approve Ord inance 20-J 5-135 ATTACHMENTS: I. Ordinance 20-15-135 REVIEWED BY CITY MANAGER: . ~ ~~~A!:l...'~=-~~.....:::.__ ________ _ ORDINANCE NO. 20-15-135 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015 FOR AMENDING THE GENERAL EMPLOYEE PENSION BUDGET TO PROVIDE FOR INCREASED RETIREMENT DISTRIBUTIONS, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM#7A NOVEMBER 23, 2015 WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time, and WHEREAS, the City is amending the operating budget to add net funds totaling $199,756 for the increase in the General Employee Pension Fund-Service Pay-Retiree. WHEREAS, additional payouts were required in Fiscal Year 2015 as more employees retired than were initially anticipated, therefore this line item must be amended in order to have sufficient funds appropriated within the City's Budget. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2014/2015 Budget to be amended as follows: ~GENERAL EMPLOYEE PENSION FUND~ Expenses: General Employee Pension Fund Service Pay-Retiree Total Expenses: Fund Balance 2. This ordinance shall take effect immediately upon its adoption. Approved as to form and correctness: RICHARD KOMANDO, ESQUIRE City Attorney Mitchell Reeves Mayor I Presiding Officer ATTEST: DONNA L. BARTLE, CMC City Clerk $199,756 $199.756 <$199.756> AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTLC BEACH CITY COMMISSION MEETJNG STAFF REPORT 90-Day Calendar for the Mayor and Commission AGENDA ITEM fi9A NOV EM BEll 23,2015 Yvonne Calverley, Executive Assistant to the City Manage~L'..--- November 2, 2015 ,.. STRATEGIC PLAN LINK: None BACKGROUND: The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar wi ll be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • There will be a Commission Workshop at 5:00pm on November 23'·d to discuss the Technical Advisory Committee Appointments and the procedures for Commission Meetings with the new Comm ission. • Town Hall Meeting is tentatively scheduled for Saturday, .January 9111 at the Jordan Patk Community Center fi·om 10 am to noon. BUDGET: None RECOMMENDATION: Approve the 90-Day Ca lendar for December 2015 through February 2016 ATTACHMENT: I) Mayor and Commission 90-Day Calendar (December 2015 through February 20 16) CITY MANAGER: --71 //'~ ;1u-u MAYOR AND COMMISSION December 2015 SC:\0.\Y .\[0:\0.\ y TCESD.\Y \\"ED:\ESD.\ Y THCRSD.\Y fRIO.\ Y S.\TCRD.\Y 1 2 3 4 5 6 7 8 9 10 11 12 Newsletter Due (Mayor) 13 14 15 16 17 18 19 Commission Mtg 6:30pm (lnvoc-Hill) Videotaped 20 21 22 23 24 25 26 Due Date for 1/11116 City Offices City Offices Agenda Items Closed Closed 27 28 29 30 31 MAYOR AND COMMISSION January 2016 sc:--:o.\Y :'110:-..:D.\Y TCESD.\Y \\"ED:--:ESD.\ Y THCRSD.\Y FRJD.\Y S.\TCRD.\Y 1 2 New Year's Day City Offices Closed 3 4 s 6 7 8 Newsletter Due 9 Town Hall (Mayor) Meeting lOam Due Date for Jordan Park 1/25/16 (Tentative) Agenda Items 10 11 12 13 14 15 16 Commission Mtg 6:30pm (Invoc-Reeves) Videotaped 17 18 19 20 21 22 23 MLKDay Due Date for City Offices 2/8/16 Closed Agenda Items 24 25 26 27 28 29 30 Commission Mtg 6:30 pm (Invoc-Stinson) Videotaped 31 MAYOR AND COMMISSION February 2016 SL'~D.-\Y .\Io:-.m.\Y TL'ESD.\Y \\'ED:-.:ESD.\ Y THL'RSD.\Y FRID.-\ Y S.\TL'RD.\ Y 1 2 3 4 5 6 Due Date for 2/22 Agenda Items 7 8 9 10 11 12 13 Commission Mtg Newsletter Due 6:30pm (Mayor) (Invoc-Hill Videotaped 14 15 16 17 18 19 20 President's Day City Offices Closed 21 22 23 24 25 26 27 Commission Mtg 6:30pm Due Date for (lnvoc-Daugherty) 3/1 4 Videotaped Agenda Items 28 29