1-25-16 Amended Agenda PacketMINUTES
REGULAR CITY COMMISSION MEETING
January 11,2016
IN ATTENDANCE:
Mayor Mitchell E. Reeves
Commissioner Mitchell R. Harding
Commissioner Jimmy Hill
Commissioner John Stinson
Commissioner M. Blythe Waters
Invocation and pledge to the flag
CITY HALL, 800 SEMINOLE ROAD
City Attorney Rich Komando
City Manager Nelson VanLiere
City Clerk Donna Bartle
Recording Secretary Nancy E. Bailey
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Mayor Reeves stated we have a special guest here tonight, Emily Pope from Fletcher Middle School. He
stated this is one of her projects to attend a Commission meeting. He asked her to lead the Pledge of
Allegiance to the Flag. Following the Pledge, Mayor Reeves gave the Invocation.
Call to Order:
Mayor Reeves welcomed the audience and explained the process for public comments. He called the meeting
to order at 6:37p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present.
Mayor Reeves welcomed Commissioner Harding to his first meeting, stating they were glad to have him.
Items 2A and B were taken out of sequence and acted on at this time.
2A. Proclamation in recognition of the Distinguished Public Service of Jonathan Daugherty.
City Clerk Bartle read the proclamation in full and Mayor Reeves presented the proclamation along with a
photograph of Commission Daugherty and a group photograph of the Commission to Mr. Daugherty. Mr.
Daugherty thanked everyone and stated he misses everyone.
B. Proclamation for the successful execution of a drug interdiction raid on November 20, 2015.
Mayor Reeves stated Commissioner Stinson is the sponsor of this proclamation tonight and turned the floor
over to him. Commissioner Stinson explained he had proposed the proclamation to recognize the efforts of
three police departments in a drug raid on November 20. Chief Deal introduced the guests who assisted
Atlantic Beach on this incident, stating the relationship they have with these agencies is outstanding and
makes Atlantic Beach a much better law enforcement agency. He introduced the representatives from the
ATF: Resident Agent in Charge, Todd Lockhart; Agent Barry Smalls, Agent Brian McCarthy, Agent Elise
Howard, and Detective Schaeffer; Jacksonville Beach Police Department, Chief Patrick Dooley; Neptune
Beach Police Department Chief Tony Carrillo; and from Atlantic Beach Police Department, Commander Vic
Gualillo, Commander Tiffany Layson, Police Officer First Class Adrian Moore, Police Officer First Class
William (B.J.) Cassidy, Senior Police Officer/Detective Jimmy Hundley and Sergeant Ed Peck. City Clerk
Bartle read the proclamation in full and Mayor Reeves, assisted by Commissioner Stinson, presented the
proclamation to the representatives of each of the four agencies. Mayor Reeves further congratulated Tony
Carrillo on his retirement after 31 years.
1. Approval of Minutes
A. Approve the minutes of the Commission Meeting of December 14, 2015.
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B. Approve the minutes of the Public Meeting between Mayor Reeves and Commissioner Hill of
December 8, 2015.
C. Approve the minutes of the Public Meeting between Mayor Reeves and Commissioner Stinson
ofDecember 16, 2015.
Mayor Reeves asked if there were any corrections to the above minutes.
Motion: Approve the minutes as submitted.
Moved by Hill, Seconded by Waters
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
2. Courtesy of Floor to Visitors
Mayor Reeves opened the Courtesy of the Floor to Visitors. He explained the process for public comments,
stating if anyone wants to speak on the Cloister gate item he will also open the floor to speakers after
Commissioner Stinson gives his report under Item 8C.
Grace Costello, 333 8th Street, spoke in opposition to hiring Alan Jensen for City Attorney. She stated she
believes the new City Attorney should be reintroduced under due process and the position put to application
with the candidate chosen to have a background in budget financing.
Dick Hilliard, 338 11th Street, addressed a boulder that is sticking out over the pavement on Beach A venue
and asked that the City look at this.
Lou Keith, 1845 Tierra Verde Drive, addressed the Bennett property stating the price is outrageous. He
suggested offering $100,000 for that property.
Chris Jorgensen, 92 W. 3rd St., addressed the Beaches Watch meeting, stating he was disappointed that
Mayor Reeves was the only official from Atlantic Beach who attended. He further stated he attended the
meeting with Mayor Reeves and Commissioner Waters, the meeting with Commissioner Stinson and the
Cloister, the Town Hall Meeting and commended this Commission for handling tough issues.
John November, 271 East Coast Drive, representing the Bennett family, stated the purchase of this property
will make a great park and increase property values. He thanked the Commission for the generations who
will be able to access this park in the future.
Carolyn Woods, 303 6th St., spoke in favor of acquiring more parkland on.the west side. She also discussed
the rumors that we are going to replace our City Attorney tonight and rehire Alan Jensen, stating that is not a
good idea.
Sally Clemens, 1638 Park Terrace West, suggested that the Commission have more one-on-one discussions
with the appropriate staff member before the Commission meetings; maybe this might eliminate some
concerns and questions at our meetings. She also stated solutions to the congestion at our five-way stop
should be implemented before new homeowners add to this gridlock. She stated, as the Mayor mentioned
earlier, the new speaker comment form is beneficial because when there are so many speakers it gives an
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opportunity for others to attest an agenda item without speaking. She stated some cities are using a speaker
queue system, which by pushing a button allows a light to go on which informs the Mayor that a
Commissioner is ready to speak. She stated this does have its cost but would add to the efficiency and
effectiveness of our City government.
Ron McBride, 10 10th Street, #E-27, expressed concern that the City wants to take away or diminish the
Cloister's use of their south driveway to a public roadway.
Charles Vermillion, 701 Beach Avenue, stated he fully supports Commissioner Stinson's solutions for the
Cloister gate issues with the exception of little Plaza becoming a one-way street, which he believes should be
closed to the public with entrance and exit for residents only.
Sally Vermillion, 701 Beach Avenue, supports Commissioner Stinson's proposed solutions to the Cloister's
gate issues with the exception of little Plaza becoming a one-way street. She believes the street should be
closed to the public for safety reasons and entrance and exit should be for residents only.
Dee Reiter, 1798 Selva Marina Dr., stated ifthey need an interim attorney she believes Alan Jensen would
be a very good selection. She stated he has the institutional and historical knowledge of the legal affairs of
Atlantic Beach to help until there is a full search for a City attorney. She thanked Mr. Komando and his firm
for his service, stating she wishes him the best.
No one else from the audience spoke, so Mayor Reeves closed the Courtesy of the Floor to Visitors.
Mayor Reeves asked if Commissioner Stinson would like to move Item 8C up. Commissioner Stinson stated
he had no problem moving it up; the reason he asked for people speaking about that particular matter to be
able to speak after the presentation was so they could hear the concerns that have been expressed to him since
they had the meeting on Thursday. Mayor Reeves asked for consensus to move Item 8C up on the agenda. It
was the consensus of the Commission to move Item 8C up to be the next topic.
Commissioner Hill asked what is their intention and when is their intention to discuss the email he saw this
evening announcing the resignation (of the City Attorney) and when do they publicly bring that up. Mayor
Reeves stated it will come up at the proper time. Commissioner Hill stated he would like to make a motion to
move that to the head of the discussion, no matter what the other discussion is, because it is the largest piece
of information he has received in the two years he has been here, without any indication that it was coming.
He stated in his opinion it is an emergency discussion. Mayor Reeves stated, they said they will take the item
up now for Commissioner Stinson to speak and then he will bring the other issue back up to the Commission.
Item 8C was taken out of sequence and acted on at this time.
8C. Report on meeting with Cloister.
Commissioner Stinson reported on the meeting with Cloister residents and neighbors to discuss the Cloister
south gate and how the use affected the surrounding neighborhood. He explained some of the concerns
expressed during the meeting. He showed a slide of the Cloister Area Traffic Plan and gave a summary of his
recommended proposal, as follows: (1) make the Cloister south gate an entrance only; (2) designate Club Dr.
as a one-way street, westbound from to Ocean Blvd.; (3) designate Plaza as a one-way street, westbound
from Ocean Blvd. to East Coast Dr.; (4) lOth Street-construct a tum-around at the end of lOth St. adjacent to
the beach access, reconfigure the angled parking for resident and beach access east of the Beach Ave. I 1Oth
St. intersection, redesignate beach access parking and resident parking, placing beach access parking
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immediately adjacent to the Beach Ave. and lOth St. intersection which allows beach visitors to recognize the
availability of parking for beach access prior to entering the beach access area, evaluate the installation of
LED lighting at the lOth St. beach access entry, similar to parking garages at airports, that alerts incoming
drivers to the number of beach access parking spaces available, and restrict parking along 1Oth St. between
Beach Ave. and Ocean Blvd. He stated they took a straw vote on his proposal at the meeting with 20 voting
for and 6 against.
Mayor Reeves asked the City Clerk to call the citizens speaking on this topic.
Susan Carr, 1024 Ocean Blvd., did not want to speak but wanted to show support.
Dick Hilliard, 338 11th St., gave historical background on the PUD, the gates at the Cloister and parking on
1oth Street.
Robert Hines, 880 Beach Ave., thanked Commission Stinson for getting involved but stated he opposes his
proposal to make the Cloister south gate an entrance while the north gate continues to be used as an entrance
and exit. He stated before making a decision, a traffic study should be performed by a licensed and
experienced traffic engineering firm. He gave the City Clerk a typed copy of his entire discussion.
Todd Jansen, 255 Plaza St., stated he disagrees with Plaza becoming a one-way east to west but would like
them to consider making it a non-through street.
Meade Coplan, 10 10th St., #61-K, spoke in favor of keeping the Cloister south gate open and asked the City
Clerk to provide everything any Commissioner produced or received as a basis for Commissioner Stinson's
December recommendation and tonight's report. She stated they will be asking the City Clerk to provide any
and all records relating to the production of the recommendation and report in a formal request.
Dan Sizemore, 10 10th St., Unit 54, spoke in favor of keeping the south gate open.
Alison Brown, 10 10th Street, #64, spoke in favor of the south gate being kept open.
Lorelle Weil, 10 10th Street, #52, spoke in favor of the south gate being kept open.
JeffWeil, 10 lOth Street,# 52, spoke in favor of the south gate being kept open and believes the city should
hire a traffic engineer.
Mary Ulrich, 151 Club Drive, spoke against the south gate being opened and suggested they concentrate on
1Oth Street and solve the parking problem.
H.G. Ulrich, 151 Club Drive, stated in the March 12, 1973 Commission minutes the City approved the PUD
for the Hotel Reservation, now known as the Cloister, and the approval was made stating there will only be
one access to the property, lOth Street, and a locked gate at the southern end of the property at Beach Avenue
for emergency use. He gave further background on the Cloister gate. He requested that the Commission and
the City Manager enforce the Code of Atlantic Beach.
Mayor Reeves interrupted the speakers to give Emily Pope an official City pin and thanked her for coming.
Butch Toney, 885 Beach Avenue, stated what is bothering him more than anything is that they are not
talking as neighbors, they are talking as enemies. He stated if they can relieve some problems on 1Oth with
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the Cloister and let the City get involved, they can relieve some of it off of Club. He stated they need to be
more like neighbors and try to fmd a resolution.
Joan Toney, 885 Beach Avenue, thanked Commissioner Stinson for the meeting, stating it was very helpful.
She stated they aren't opposing the gate just to oppose it; it is a safety issue. She stated she agrees with
Commissioner Stinson's compromise. She stated her neighbors agree with her and with Commissioner
Stinson's compromise. She stated she doesn't want to fight.
Lovell Farris, 10 10th St., Apt. 3B, spoke in favor of the gate being open.
Curtis Hill, 480 Ocean Dr., stated he supports Commissioner Stinson's proposal.
Saswata Roy, 140 gth Street, thanked Mayor Reeves for how he was running the meeting tonight. He also
thanked Commissioner Stinson for moderating the Cloister meeting and for responding to his concerns in his
email. He expressed his concerns and stated he supports closing the south gate. He suggested tabling this
and studying it further.
Gail Baker, 10 10th St. #46, did not speak but was in support of the gate.
Lisa Herrold, 659 Sherry Dr., spoke in support of opening the south gate at the Cloister and keeping it
open.
T.J. Streit, 848 Ocean Blvd., spoke in favor of closing the south gate. He stated he and his neighbors would
like to open the issue of little Plaza .
. Commissioner Stinson stated following the vote on Thursday night, he committed to present the proposal to
the Commission for discussion and hopes to move it forward and let staff come back with a detailed plan. He_
stated he believes it needs to be addressed. He stated his sole intent in addressing this was to bring neighbors
back to being neighborly.
Commissioner Harding stated he doesn't know if he is prepared to make a decision without looking into this
further and speaking to the City Attorney regarding the validity of some of the information that was given out
today.
Commissioner Waters stated she doesn't believe they are prepared tonight to make a decision on the potential
legal ramifications. She suggested they look into having a traffic engineer review the proposed plan.
Commissioner Hill stated all of this is in his district and it was handled by Commissioner Stinson and he did a
really good job but this was given to Commissioner Stinson in error by the Mayor. He stated they can't close
roads for convenience. He stated they need to address putting a sidewalk on little Plaza on the existing right-
of-way, not closing the street. He stated closing the road will result in an extended response time on the
many EMS and fire calls that come to those who live in Seaplace and the Cloister. He wants to deal with the
congestion immediately at the gate on the north end of the Cloister. He stated he is not in favor of flipping
any parking around on lOth. He stated if they have to turn Plaza into a one-way street, they should consider
turning it to the other direction for the pure purpose that you cannot put an obstacle in the way for emergency
vehicles.
Mayor Reeves stated he did make a mistake and apologized to Commissioner Hill in picking the wrong
Commissioner. He stated this Commission inherited this issue and they are trying to solve it. He stated there
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is more research to be done and he does believe they need a traffic engineer to look at it and see if it is a
safety issue. He suggested that the Cloister stop using the gate as an exit and just use it for an entrance for
about a month or until they can work this out.
Discussion ensued.
Commissioner Stinson stated they need to give staff direction on how to move forward.
Mayor Reeves thank Commissioner Stinson for taking the time and effort to hold the meeting. He stated he
would like to see staff research this more. He asked that the Cloister association support the Commission by
· sending a letter stating that they will honor for a period of time only going in from the south.
Mayor Reeves stated he would entertain a motion.
Commissioner Hill asked the City Attorney if they can make a motion to give direction to staff tonight,
legally. Mr. Komando stated legally, yes. He stated it is not their practice but legally there is nothing that
would prevent them.
Motion: Look at this issue in three parts.
Moved Hill, Seconded by Waters
Commissioner Hill stated he would like to make a motion to identify the immediate identified problems. He
stated the motion would be to make no curbside parking on the north side of 11th Street between Beach and
Ocean and no curbside parking on Club Drive between Beach and Ocean. He stated the purpose of that is to
both clear a line of site for any additional traffic during this interim period and address immediate known
congestion on 1Oth Street. He stated the congestion is not as noticeable on Club but both of those streets will
be in the areas that would have these identified risks and near misses and we can alleviate that by clearing
line of site on both streets. He stated neither street traditionally has a tremendous impact on our dredge
related stuff because neither tends to be transient parking or visitor parking. He stated the second motion is to
put Plaza as a separate issue and move it forward to another time and deal with it at the next meeting. He
stated the third motion is to direct the City Manager to negotiate a compromise, until we get the PUD related
activity and information that is so critical to this, and to authorize the ingress on the south end as an option
negotiated for an exchange of the City making some congestion adjustments on the north end. He stated that
would be contingent on there being enough City right-of-way to open that area up to give additional room.
He stated the purpose is to make that conversation continue with direction from us. He stated it doesn't mean
we are giving permission to open it permanently and he would recommend, until we get a legal ruling, that all
negotiations be for a temporary solution until we either identify or not identify the historic documents we
need.
Commissioner Waters proposed an amendment to put a 90 or 120 day timeframe so they don't have any
question about when it expires. Commissioner Hill asked if it would suit her intention to go 120 days.
Mayor Reeves clarified they hav~ an amendment to the motion to add 120 days.
Commissioner Harding asked Commissioner Hill to clarify if no curbside parking on 1Oth and Club was for
both sides of the road. Commissioner Hill stated north side of the road on both streets. Commissioner
Harding also asked, as far as directing the City Manager to negotiate a compromise, was he talking about
with the homeowners association. Commissioner Hill stated of the Cloister or any other parties he believes
are involved in it. He stated if there is a second or third party, he can identify them. Commissioner Harding
agreed that putting Plaza on a separate agenda item would be the proper course of action.
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Commissioner Stinson asked if the three motions are: No parking on Club or lOth Street between Beach and
Ocean. Commissioner Hill clarified, curbside on north side between Beach and Ocean. Commissioner
Stinson continued, Plaza moved to its own agenda item and negotiate with the Cloister entrance on the south
in exchange for a congestion address on the north. Commissioner Hill stated that was correct. Commissioner
Stinson stated Club Drive only has parking on the north side of the street and therefore residents have no
place for visitors to park when they visit them. He stated he believes the residents of little Plaza would like to
see their street addressed in some manner and would even like to rename the street to little Plaza. He stated,
from the discussions they had with the Cloister president and vice president, he does not believe there is
much hope for a resolution such as the third motion.
Mayor Reeves stated he has an issue with the motion in that it puts them back to the very beginning again.
He stated he would rather see them focus on direction for some professional traffic issues and then come back
and not leave it to the City Manager to make the decision because he believes they have already put it in the
hands of the Commission. He called for a vote on the motion.
Commissioner Stinson asked that the motions be restated. Commissioner Hill stated the process is being
stifled by the attempt to stay on a very fast timeline. He stated had the Mayor allowed him to respond to the
direct question of the other Commissioner. Mayor Reeves stated they are going by the guidelines of the rules
that have been set. He stated they have gone through everything and everybody has discussed it. He stated if
it passes, it passes; if it fails, it doesn't mean that someone else, including himself, can't introduce another
motion. He stated with that said, he has called a vote and all in favor for the motion as stated say aye.
Commissioner Waters called for a point of order. She stated the motion, as stated, was to propose three
motions. She stated they need to decide whether they are voting on the motion to propose three motions or
are they voting on the three motions; are they voting them as a block or are they voting them separately.
Mayor Reeves stated, if he understands, the motion is one motion with three separate facts. Commissioner
Hill stated, no, it was three motions and the question was can it be handled as three motions but be discussed
in a group. He asked if he wanted him to read one. Mayor Reeves stated, yes, read motion one to make sure
the Clerk has it correctly and then he will call a vote on motion one.
Motion: Designate 11th Street between Beach Ave. and Ocean A venue no parking curbside on the north side
and designate Club Drive no parking on the north side, curbside between Beach and Ocean.
Commissioner Waters added, with the amendment for 120 days. Commissioner Hill stated he said 11th' but it
is 1Oth Street.
Mayor Reeves asked the Clerk to read the motion back. City Clerk Bartle stated she could not keep up and
exercised her right to ask for the motion in writing, instead of trying to keep up with this complex motion.
Commissioner Hill stated he had no problem moving this to the next meeting; he was just trying to honor
Commissioner Stinson's attempt to progress forward, after all the hard work he did, with some meaningful
move. He stated he will be glad to present all three motions and address them at the next meeting. He stated
he doesn't want to attempt to do them now because she won't be able to read it. Mayor Reeves stated he
believes they can work this out and asked that Commissioner Hill read it one more time. Commissioner Hill
stated, point of order, through the Chair he stated he wanted to ask Commissioner Stinson about his
comments on the motion. He asked if there would be any benefit, since it doesn't make as much difference
on Club which side is no parking and the intent is to open a more visible lane, would there be any advantage,
in his opinion after listening to all of the residents, to switching from one side to the other of the street. He
stated his reasoning was to bring it closest to the gate itself but it isn't as relevant as it would be on 1Oth St.
Commissioner Stinson responded that his understanding of Club Drive is that there is no parking on the south
side of the street. Mayor Reeves stated they are getting back into discussion and that is where they get off
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track. Commissioner Hili stated that answers his question. Mayor Reeves asked Commissioner Hill to
present his motion again. Commissioner Hill repeated his motion as follows: 1Oth, Beach to Ocean curbside
on the north side be designated as a no parking and identical language on Club also was the original motion
with 120 days.
Roll Call Votes:
Aye: 2-Hill, Waters
Nay: 3 -Stinson, Harding, Reeves
MOTION FAILED
Commissioner Hill withdrew the second and third motions, stating they are not far enough along in the
process.
Mayor Reeves recessed the meeting at 9:32p.m. He reconvened the meeting at 9:39p.m.
Mayor Reeves opened the discussion back up and made the following motion.
Motion: Direct the City Manager to direct his staff to get a traffic engineering report, to include the
pros and cons, if we restrict any parking that we currently have, and whether it will affect funds we get
for the beach.
Moved by Reeves, Seconded by Harding
Commissioner Hill stated he doesn't believe we need a consultant for this. He believes we can handle this in-
house.
Mayor Reeves stated he would make a correction to his motion to state that we direct the City Manager to
take whatever actions he needs to get the right data.
Motion: Amend motion to state Direct the City Manager to take whatever actions he needs to get the
right data.
Moved by Reeves, Seconded by Hill
Discussion ensued.
Mayor Reeves asked the City Manager if they have funds to cover that and what would it cost. Mr. VanLiere
stated it depends on the scope of the project. He stated to evaluate all points of the proposal as to whether
they would be configured with or without access to the gate, would be another issue that would need to be
resolved. He stated it could be relatively cheap if they gave them clear instructions on just traffic patterns but
if you throw in the legalities and what ifs , then it could get drawn out with multiple options. Mayor Reeves
asked what the time line would be to get a report back to the Commission and could they do that within 120
days. Mr. VanLiere stated he believes they definitely could come back, within 120 days, with s,ame type of
response to this. He stated they could steer toward a workshop in the future where they could make some
decisions.
Mayor Reeves encouraged each Commissioner to reach out to the City Manager so they can cover their
concerns.
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Commissioner Harding asked if they are going to do a traffic study in-house, is that going to include the
safety aspects of this issue both on Club Drive and Beach A venue and do they want to include little Plaza as
part of this traffic study or do they want to separate it and look at that issue by itself.
Mr. Van Liere stated looking at each of the items on the map, individually, staff can give an opinion as to
what they believe should or should not be done. He stated the Public Safety Director can look at the safety
issues. He stated they can't get to the level of plugging in all the traffic counts and do models of where every
traffic tum would be pushed to the next street, etc., in-house.
Commissioner Hill stated until the question of whether or not the gate can open is answered, the City
Manager can't do anything. He stated separate from that issue, they have identified a lot of issues where they
can make improvements in the neighborhood in general. He stated he doesn't want to tie the easy low
hanging fruit to the hard question. He stated he would like the City Manager to look at what we can fix right
away. He stated they can jump on Plaza right away but they should keep it separate.
Commissioner Stinson stated they challenged the citizens to work to a solution and, although not unanimous,
20 agreed this was a good solution to work toward and 6 said no. He stated of those 6, 3 lived inside the
Cloister and 3 lived outside. He stated he believes they are farther away from a solution then they were
before last Thursday. He stated his disappointment stems from the fact that they came back with a solution
that the majority of the citizens liked and they are not going to evaluate that solution and tell them yes it
works, or no it doesn't. He stated by kicking this can down the road they are going to lose confidence of
those in and outside the Cloister that they are not going to address this and are avoiding the issue in some
way. He agreed that Plaza was an easy fix but he believes our citizens are going to look at this and say, why
did we take the time and do it if you aren't going to hear what we really think we might like.
Commissioner Hill stated he made an effort to try to move some of this along. He suggested they move to the
next meeting with Commissioner Stinson's solution as a framework for a second round of possible
discussions.
Commissioner Waters stated she doesn't want to put off citizen action, which is why she supported
Commissioner Hill's changes; however, she does want to put off spending money before the big legal
question is settled. She agreed that picking off some low hanging fruit, fixing some street-side parking issues
·and directionality, makes sense. She stated if she would support something, it would be to not vote on it
tonight but to work with staff to come up with a list of proposals and they can vote on them individually at
the next meeting, so they are taking action, hearing the. citizens, but not spending money before the time to
spend money has come.
Commissioner Harding is concerned about the first opti_on of restricting Club Drive when there is no parking
and how it was going to negatively affect the grants and beach renourishment if they took those parking
spaces away. He stated he would like to come to a resolution also but is not sure where some of these
references came from and he has not had the opportunity to look at some of these minutes that have been
referenced here. He stated he at least would like to have the opportunity to look at those before he makes the
decision that may or may not put us in a positive or negative light. He stated he is more than willing to move
this to the next Commission meeting and have the opportunity to review these references so he feels
comfortable and confident in making a decision.
Mayor Reeve~ stated his motion was not intended to not take Commissioner Stinson's recommendations or
Commissioner IIill's recommendations. He stated he was thinking what would happen would be that staff
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would take Commissioner Stinson's suggestions that came out of that meeting and the suggestions
Commissioner Hill gave tonight.
Commissioner Stinson asked the City Attorney if he is correct that items placed on discussion are,
historically, discussed and City Staff is given direction as to what way the Commission wants to proceed and
they don't typically vote on those but are just moved forward to future meetings.
City Attorney Komando stated he was correct that has been the Commission's practice. He stated when the
workshops were taken out of the every other meeting cycle, it was with the understanding, based on citizen
comments, that items that were listed for discussion only would have consensus to move forward and weren't
traditionally voted on at the time. Mayor Reeves stated he must have misunderstood earlier; he thought when
that question was asked that the answer was that they could vote on it. Mi. Komando stated that is correct;
the answer is not different, the answer is to two different questions. He stated the original question was, can
we vote and the answer is yes, you can vote on something that is noticed. He stated Commissioner Stinson's
question was, is this how we traditionally do it and the answer is no, it is not how they traditionally do it.
Commissioner Hill asked the City Attorney if they should find additional infmmation that ties this question to
a PUD, is it the Commission's privy or is it the Community Development Board's privy, legally. Mr.
Komando stated if it is determined that a PUD exists the correct procedure would be for an application to
amend the PUD that would follow the City's process. Commissioner Hill stated he believes that because he
almost did something that is pretty contradictory to his intention, out of a real desire to do good he almost
broke the traditional realm of notification by trying to solve a problem tonight. He stated there is a process
that past Commissions have chosen and he likes the idea that the methodical slow motion through the process
allowed a complete vetting of any process. He stated he almost went away from that by trying to make his
motion earlier, which was the second reason he retracted his motion. He stated he believes it is better for the
process to have a discussion about it and wait the two weeks to take action, unless there is an emergency.
Mayor Reeves stated they are voting on the current motion as amended.
Roll Call Votes:
Aye: 0-
Nay: 5-Waters, Harding, Hill, Stinson, Reeves
MOTION FAILED
Commissioner Hill suggested Mayor Reeves make his exact motion in the form of a consensus so they can
move this forward and not jump the process.
It was the consensus to move this item forward to the next meeting and each Commissioner will get with the
City Manager to discuss the item.
Mayor Reeves stated Commissioner Hill had asked for the item on the City Attorney to be discussed
immediately and since it was not on the agenda, the only way it would be discussed would be under Item 10.
He asked for consensus to move Item 10 up.
A portion of Item 10 was taken out of sequence and acted on at this time.
10. Reports and/or requests from City Attorney
Mayor Reeves turned the floor over to the City Attorney.
January 11, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
JANUARY 25, 2016
Page 11
Mr. Komando explained he sent an email with an attached letter terminating the legal services agreement with
his ftrm. He read his letter resigning their legal services as city counsel.
Commissioner Hill stated it is deeply disturbing that one person on this board can have enough influence to
change the directiop. that the board as a whole goes without a public forum. He stated he implores all of them
to be cautious how they interact with all aspects of the City as new Commissioners and to understand their
role and the scope of their role and the actual intention of the public format. He stated he is very disturbed
that any one of them could meet with any entity involved and the end result of that meeting be a massive
change that affects all of them, without the opportunity to put it in a public forum. He stated this is the largest
overreach he has witnessed in the 30 years he has been here. He stated to Mayor Reeves that he would
absolutely support 100%, without any question, any minor indication publicly that he was unhappy with legal
counsel and immediately vote to support him in replacing him. He stated all ftve of them have a very deep
responsibility to each other to make sure that one position is a ttusted position by all ftve, because that person
works for all ftve of them. He stated going forward they have to make a decision based on this resignation
out of the blue to ftll that position. He stated it has to be unanimous, which is why he would support any
decision any of them made with any lack of trust or comfort with legal counsel. He stated, however, this feels
back room and it bothers him immensely. He stated that is not the government he wants to be part of, but he
is not going anywhere; he will ftx this government.
Commissioner Waters stated, like Commissioner Hill, she fmds it disturbing that one me:Jllber of this
Commission could call a meeting with our City Attorney and have the end result of that meeting be the abrupt
resignation of his ftrm. She stated it does seem to be a way of avoiding the Commission as a whole
addressing an issue and seems to be a significant overreach in that each of them is just one member of the
Commission. She stated, however, she also agrees with Commissioner Hill that when they look at the issue
of ttust in legal representation, it should indeed be unanimous. She stated she believes that is something they
should keep in mind going forward. She stated, with less than 8 hours notice, it was clear that sentiment
already rides high in Atlantic Beach regarding this matter. Commissioner Hill interrupted with a point of
order stating that he had received a text that the video is not working and he wanted that documented. He
stated he would like the City staff to make sure that this conversation is documented. Mayor Reeves
requested someone to pull it up on the internet. It was confirmed by the audience that the video was working.
Mayor Reeves stated the rule was set by the last Commission that the text messages would not be accepted up
here at the dais and he stressed that again. He turned the meeting back over to Commissioner Waters to
continue. Commissioner Waters stated she believes it is incumbent upon them all to think about unity
moving forward and to think about working together as a Commission. She stated, in the interest of clearing
the air, she would like to ask Mayor Reeves, in the meeting with the City Attorney, did he ask for their
resignation. Mayor Reeves stated he will talk about that when he gets his time to talk, but he will answer that
question.
Commissioner Harding stated he would withhold any comments he has for the time being because he doesn't
feel educated enough in this whole scenario to make a comment on it.
Commissioner Stinson referenced the book he distributed to the Commission at the meeting when they were
sworn in stating in that book there is a pyramid and the foundation of the pyramid is ttust. He stated they
have to learn to ttust each other and believe they are all going to operate in the manner they are expected to
and they will operate in the best interest of the community and the Commission. He thanked Mr. Komando
for two years of service in extremely volatile times in Atlantic Beach and believes he has seen our City at its
most divided.
January 11, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
JANUARY 25, 2016
Page 12
Mayor Reeves responded that he believes every Commissioner has the right to sit down with the City
Attorney and share their thoughts. He asked how else do they have a two-way conversation; do they do it
publicly in this room, maybe so. He stated sometimes you can sit down and have real discussions with each
other. He stated that meeting was a very good meeting and he expressed his feelings as Mayor and his
thoughts in that meeting and he would do it again. He stated the Mayor and every Commissioner has to make
sure they are comfortable and he felt he would share that with the City Attorney. He stated he received a call
the next day that they had chosen to leave and when they did he immediately notified the City Manager and a
notification was given out. He stated he understands their feelings but they have to understand that every one
of them had the same privilege to sit down and have that discussion with the City Attorney, City Manager or
City Clerk. He stated those three people report to the Commission. He stated in no way was his discussion
on behalf of the Commission; it was one vote or one thought and he shared what he felt. He stated he made
that very clear and each of them have the same right and obligation to make sure they are comfortable with
the situation. He stated that is exactly what he did.
Mr. Komando thanked all of them, stating he has had very detailed conversations with each of them, with the
exception of Commissioner Harding, and he believes they know that he doesn't share with other people the
contents of their conversations. He stated he believes that is the bedrock of trust. He stated it has been a true
honor and pleasure to work for this City. He stated it has been some of the most challenging work he has
handled in his legal career. He stated, yes, he and the Mayor did talk; they had a good conversation. He
stated Mayor Reeves had some good conversations with the Managing Partner of their firm. He stated this
was his firm's decision and he believes it undermines the tremendous amount of respect he has for each of
them and for them as a body and as a Commission. He stated he has never lost sight of the fact that he is
keenly aware that this Commission acts as one voice and it was because of that, that his firm made the
decision this is a new year and they are looking to move in a new direction. He stated they will be here to
assist in the transition and want this to be positive, moving forward. He thanked them for the opportunity.
Commissioner Hill reiterated the pyramid and the platform of trust is 100% the reason for his comments. He
stated while he completely supports the Mayor's or any of the Commissioner's decisions related to any
problem with an Attorney, City Manager or City Clerk, because they all have to agree that they are good, he
can't imagine a conversation that he would have, personally, with any one of those three that would lead that
person to take immediate action. He stated in an open format public hearing, this issue would have better
served our citizens. He stated the action taken privately in a productive meeting leaves our City in an
unbelievably vulnerable scenario while they are potentially dealing with an issue. He stated the Board makes
better decisions as a Board and believes they could have served the citizens better.
Commissioner Waters stated she would like to rectify the mistake of not thanking Mr. Komando and the firm
for the legal advice that they have provided. She stated it has not gone unnoticed that he works a lot of hours
and a lot of late nights, not just with the Commission but with all of the Boards and that hard work does not
go unappreciated. She stated she still does believe that her concern about unilateral action has been
answered. She stated it does alarm her. She stated the answer in that lies in trusting that as they go forward
action will be communal between all of the Commission when it comes to decisions about needing trust
between all of them.
Commissioner Harding stated he too was remiss in wishing Mr. Komando the best and thanking him for his
service to the City. He stated he was the first one he spoke with when he was brought on to the Commission.
He stated Mr. Komando told him then that they want to have it unanimous that everyone is satisfied with
them or they would rather take the high road and move in a new direction. He stated anytime he had a
question he was available to him and thanked him for that.
January 11, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM# lA
JANUARY 25, 2016
Page 13
Mayor Reeves stated they did have a nice discussion and believes they have to be able to share. He stated he
believes in their discussion he was very plain that he was only speaking for himself. He stated he was not
speaking for the Commission; it had nothing to do with all the other Commissioners' comments, he was
speaking for himself. He stated with all the laws they have to do, they have to be able to sit down with your
attomey and have open discussions; the same way they should be able to do with the City Manager without
those discussions being shared with other people.
Commissioner Stinson stated he agrees with the comment that with the Sunshine Laws it is very difficult for
them to have conversations like that in a Commission meeting. He believes they should take opportunities to
meet with their City Attomey, City Manager and City Clerk and express how they are going to move forward.
He stated related to Commissioner Hill's comments about addressing those kinds of things in a forum setting,
that is a tough thing. He stated, going back to the trust thing, he doesn't know when everyone was notified of
this decision but when he was told he was requested to keep that confidential; that Mr. Komando and his
partners had asked that they do that so he could make the announcement tonight. Regrettably, he stated he
has been having phone calls and emails since about an hour or two after that; so they have a trust issue they
are going to have to address with this group. He wished Mr. Komando the best and thanked him for his
service.
Commissioner Hill stated he believes Commissioner Stinson hit the root of the problem. He stated there is
not one conversation on the planet earth that your govemment should have in confidence that involves the
govemment, the function of the govemment, or the way the govemment handles its business. He stated there
is no tolerable secret conversation that leads to leaving a City as vulnerable as they are right now in their legal
situation. He stated there should never be an opportunity for any one of them to put that kind of potential
damage to the citizens. He stated they would have decided a better path forward as a group than where they
are sitting right now. He stated he has had concems with Department Heads and other things but he would
never have a conversation, and hopes none of this new Commission has another conversation privately, that
leads any other employee to feel that their only option is to leave and it leaves the City in this type of dire
situation. He stated that secret request is why he ran. He stated that request comes directly from a faction in
this City that requires secrecy to operate and he will not allow it to reemerge. He stated there are no secrets in
govemment and if there are, he will root them out and he will end them. He stated that is his pledge to the
people he ran to protect because that was what was wrong with this City for many years. He stated they can
have conversations but they should not hide anything. He stated when someone asks them to keep something
secret it isn't ever in the best interest of the public.
Commissioner Stinson stated he wasn't saying they should be keeping secrets, what he was saying is that his
understanding was that Mr. Komando and his firm asked them to give them the respect of announcing their
termination of services with the City tonight and regrettable that was running rampantly across Jacksonville.
He stated he believes he has the right and obligation to sit down with the three people who report to the
Commission and talk to them about his concerns, not sit down and make decisions for the five of them. He
stated he was not advocating secrets. Commissioner Hill stated he understood that; he was speaking to a
bigger point.
Commissioner Waters stated, again, this goes back very much to a trust issue. She stated it may simply be an
attempt to be delicate or polite or graceful, but in govemment she believes it has to be set aside. She believes
when it comes to trust, she asked a very simple, direct question that she thought would not impugn anyone or
require discussion of anything said in confidence. She stated she just asked for reassurance that during
Mayor Reeves' meeting he did not ask for the resignation of the firm, as that would be acting on behalf of the
entire Commission. She stated that assurance provides that bedrock of trust they are looking to build.,
January 11, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM # lA
JANUARY 25, 2016
Page 14
Commissioner Harding, speaking to Commissioner Stinson's comments regarding the confidential
information getting out, he stated when he received this information on Friday he was not available by phone
and a voice mail message was left on his phone. He stated he immediately called back and the information
was not relayed to him that it was confidential and Mr. Komando had not yet resigned and wanted to do so at
the Monday night meeting. He stated it was his understanding that he had resigned in that meeting and this
was something that would be a matter of public record. He stated when he met with some individuals on
Saturday they asked him a question regarding an agenda item and he didn't have the answer to it. He stated
that was something he needed to talce up with the City Attorney; however, at this time we are without a City
Attorney. He stated at that point at least one of the avenues of information is probably attributed to him. He
reiterated there was no information given to him about the resignation of the City Attorney that it was
something that was a pending action and was confidential. He stated he wanted to clear the air on that issue.
Mayor Reeves stated he can understand each of their concerns about his meeting but if they listened to Mr.
Komando he stated that his law firm was moving to another direction. He stated if his conversation with
them pushed them to that decision quicker than they wanted to, he is sorry but he can't control what they
want to do. He was upset that the rumor emails were sent out and people were notified about this but it was
supposed to be confidential only on the request of our attorneys. He thought they, as a Commission, would
give them the respect on their request and would give them the opportunity to move forward in the new
direction. He stated he had a wonderful conversation with Senator Bradley and also Mr. Komando about the
law firm and the future of their law firm, and his concerns. He stated they are gentlemen, they have made this
decision on their own and he was not representing the full Commission. He reiterated he has every right to
meet with the City Attorney and share his thoughts. He stated he wishes them the best. He stated they are in
the middle of a lot of things going on and Mr. Komando stated his firm is under their contract for 35 days and
they have offered the 35 days and more. He stated they need to choose an interim attorney to fill in until they
can pick another firm ~d he believes it should be Alan Jensen. He stated Mr. Jensen understands our City,
grew up here, and was a Commissioner here.
Commissioner Hill stated he understands the depth of knowledge Alan Jensen had in the past but there is
absolutely no way he can represent him. He stated he was in a position where for the best situation to move
forward he had to vote to terminate him and he can't represent him for that reason. He stated, aside from that,
two times in his professional career Mr. Jensen wrongfully terminated him, personally, in his employment.
He stated to ask to have him represent him in any way and this Board would be ludicrous. He asked if
another attorney from Mr. Komando's firm could represent us in the interim.
Mayor Reeves stated based on his comments with Senator Bradley and Mr. Komando he believes they need
to move forward. He stated he is surprised that Commissioner Hill would bring his personal issues up
tonight. Commissioner Hill stated they are not personal, they are professional. Mayor Reeves stated he
believes the consensus tonight should be who do they approach. He stated since the letter went out this
morning he did have a meeting with Alan Jensen and reached out to him and asked him if he would consider
coming back for a term until they have the time to go through the process. Commissioner Hill stated Mayor
Reeves overreached again and he is filing an official protest. Mayor Reeves stated he has the floor and asked
Commissioner Hill to have the respect for any Commissioner who has the floor. Mayor Reeves stated he did
not work a deal, he asked the question if he even wanted to consider doing that for the City. He stated it
keeps being pointed out that he is acting on the Commission; he stated he is not. He stated each of them can
go out and talk to somebody.
Commissioner Stinson stated in the next 35 days they have two more Commission meetings and suggested
that each Commissioner come to the next meetings with a name for an interim.
January 11, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
JANUARY 25, 2016
Page 15
Commissioner Hill stated it is going to be a long two years if they don't get this right. He stated this group
has to find a way to get back to the trust issue. He stated Mayor Reeves is a mayor/commissioner; which is
the part that has to get right. He stated he should not be offering an opportunity to enter into an agreement ·
with the City with anybody in a non-public way; it is a complete overreach. He stated he would never do it.
He stated the Mayor may be within his rights legally, but he is not going to gain the trust of this Board if that
is the way he is going to try to govern from that seat. He stated he understands and if he had been in that seat
when he started, he might have thought he had way more control and power than he did because he was
excited with the new position and wanted to fix everything. He stated he knows that is what the Mayor wants
to do; he doesn't question his reasoning, but he cannot believe he would come to the conclusion that putting
things back the way they were would be a path forward. He stated that is stunning to him. He stated there are
4,300 attorneys and lots of people who can do the job professionally. He stated it is a political blunder that he
will have to deal with because, he believes, it is going to start a fuestorm like nothing he has ever seen. He
stated the Mayor's actions are costing the taxpayers additional money for no necessary reason. He stated they
could have easily done this as a group and made a change in the City Attorney position to meet his needs. He
stated the history of Atlantic Beach changes from this point forward no matter what happens and it can't be
done with the good ole boy backroom system. He stated even the perception of it causes queasiness in most
of the people in the audience.
Commissioner Waters stated she is not afraid of sounding like a broken record so she is going to say again,
there were many promises made during this campaign to move forward, to heal, to be a unifying force and
have new faces on this Commission and to be the new and next generation of politics in Atlantic Beach. She
stated that is not what has happened this week and it is not what is happening at this meeting. She stated
when the citizens of Atlantic Beach voted for new and fresh faces, she doesn't believe they anticipated the
appearance of impropriety because the appearance is actually as important as impropriety. She stated it is
actually fairly easy to hide impropriety but it is incumbent upon the Commission not to do that and it is also
incumbent upon them to not give the appearance of impropriety. She stated she understands that their
conversations with City Staff are privileged, however, there is a question of trust and overreach and the
repeated refusal to answer a direct question about whether or not the Mayor asked for the firm's resignation.
She stated it gives the appearance of inappropriate behavior. She stated that is compounded by a very
flagrant disregard to make an effort to be unifying in the face of several years of strife in the City. She stated
she, unlike Commissioner Hill, has no professional, personal or otherwise thoughts on Mr. Jensen as an
attorney. She stated having watched this arena for 20+ years there is no suggestion that could be more
divisive than the one Mayor Reeves made. She urged all of the Commission to consider the importance of
harmony moving forward, honest and trust going forward. They need to do the City's business and it is time
to leave the past behind.
Commissioner Harding stated he believes the decision to find an interim city attorney doesn't need to be
made tonight. He stated there needs to be some thought put into it. He stated he believes they should wait
until one of the next meetings and believes they can make a harmonious, educated decision. He stated he is
not prepared to make a decision tonight.
Mayor Reeves clarified that he is reaching out to fmd out what their options are. He stated prior to any of this
discussion coming up he had been approached by three different law firms. He stated he is not representing
the City; he is one vote but he believes each of them have the right to go out and suggest somebody. He
stated he wants a consensus for what they should do.
Mr. Komando stated the City is not without a lawyer; they are here on the interim for as long as they need
during the transition. He stated whoever comes in will need information about where they are at this point
which they will get from the City Manager and himself and they are here to assist in that.
January 11, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
JANUARY 25, 2016
Page 16
It was the consensus to direct the City Manager to direct Human Resources to write a set of qualifications and
get them to the Commission for review and then start the process.
3. Unfmished Business from Previous Meetings
A. Public Hearing-Request for Use-By-Exception (15-UBEX-1069) to permit establishments
for heavy automotive repair, towing service or the permanent storage of automobiles,
motorcycles, etc. within the Light Industrial and Warehousing (LIW) Zoning District at 325
Mealy Drive.
City Clerk Bartle read the Use-by-Exception by title.
Staff Planner Derek Reeves explained the Use-by-Exception, showing slides of the site detail, the proposed
business and the Community Development Board Recommendations, stating the Community Development
Board heard this item and voted 6-0 with two conditions: (1) The repair of vehicles occurs only within the
building; and (2) No vehicles be parked or stored on the adjacent right-of-way. He stated the applicant,
Christopher Calkins, was in the audience.
Mayor Reeves opened the Public Hearing.
Chris Calkins, owner of A+ Towing and Automotive, showed a sample of the mats he will be using to
prevent spillage. He stated he is starting to phase away from the automotive towing.
No one else from the audience spoke so Mayor Reeves closed the Public Hearing.
Motion: Approve the Use-By-Exception 15-UBEX-1069 with conditions that (1) The repair of vehicles
occurs only within the building; and (2) No vehicles be parked or stored on the adjacent right-of-way.
Moved by Hill, Seconded by Harding
Discussion ensued. Mr. Reeves and Mr. Calkins answered questions from the Commission.
Commissioner Stinson stated he would like to add a restriction regarding the number of days towed vehicles
could remain on the property and also add that if the business is cited by our Code Enforcement Officer for
any reason that the permit expires.
Further discussion ensued. Mr. Calkins answered additional questions from the Commission.
Commissioner Waters stated she wanted to add that they close the bay doors and cease noise from the shop at
10:00 pm and not start before 7:30am.
A slide was shown of the current location Mr. Calkins has in Jacksonville on Mayport Road. Discussion
ensued. Mayor Reeves asked that the applicant limit the towed vehicles to 25 cars.
Discussion ensued regarding the number of days a car can remain on the property.
Motion: Approve with the added conditions that the number of towed vehicles stored on the site will
not exceed 25 at any time; the amount of time the vehicles may be stored on the site is no longer than 90
January 11, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
JANUARY 25, 2016
Page 17
days; no power tools will be operated between 10:00 p.m. and 8:00 a.m.; the spill plan will be submitted
to Public Worl{S and should they be cited by Code Enforcement, the permit expires.
Moved by Waters, Seconded by Stinson
Commissioner Hill asked if we have a mechanism to facilitate the removal of a permit based on a condition.
Mr. Komando stated it wouldn't be the removal of a permit but what happens is anybody has the opportunity
to be afforded due process if they go through the Code Enforcement process.
Roll Call Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
B. Appointment of Members to the CRA Technical Advisory Committee.
Mr. Hubsch stated the Commissioners made their recommendations at the last meeting with the exception of
Commissioner Hill. He asked if anyone had changed. Mayor Reeves stated he did not give his names either.
Mr. Hubsch stated the Commissioners could let their nominations know that his office will be sending an
email out to schedule the first meeting. He asked that the Commission send their nominees emails and phone
numbers to him.
The City Clerk read the nominations for the TAC as follows:
Commissioner Waters:
Wanda Martin and Brian Burke
Commissioner Harding:
Michael Townsend and Attillio Cerqueira
Commissioner Stinson:
Richard Parkes and Dara Gourley
Commissioner Hill:
BriaJ?. Christiansen, Ted Jackrel
Mayor Reeves:
Mike Whalen and Mike Bomo
Motion: Accept the nominees as read by the City Clerk and establish the Mayport CRA Technical
Advisory Committee.
Moved by Waters, Seconded by Stinson
Commissioner Hill asked to change the name to Mayport Corridor Advisory Committee because the
committee may not lead to a CRA and they may need to use the committee.
Mayor Reeves asked if Commissioner Waters accepted the amendment to change the name. She stated
she did.
January 11, 2016 REGULAR COMMISSION MEETING
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
AGENDA ITEM #lA
JANUARY 25, 2016
Page 18
Mayor Reeves clarified this does not guarantee that they are going to do the CRA, it will just give them some
guidelines to . help them move. He stated they are in a contract that was committed by the previous
Commission for around $92,000 to do this study but there is a stopping point in it. He stated they charge the
City as we go so if they decide they really don't want it they can stop it and save some money.
Commissioner Stinson requested a recess. Mayor Reeves recessed the meeting at 11 :41 p.m. The meeting
was reconvened at 11:45.
C. Authorization to Purchase the Bennett Property and Propose Funding for the Development
Option Selected.
Mr. VanLiere reported that John November has prepared the paperwork for the closing on the property. He
stated there was one item on the HUD document that changed that added $95.00 for a lien search fee, so the
new amount is $200,570.39. He stated the other item is to discuss what they want the City to do with the
house after they purchase it and if they want to discuss funding it.
Motion: Approve the purchase the Bennett Property with the condition that they wait 90 days to
determine what they do with the structure that sits on the property but leave the option open to
separate that into a parcel and auction it off to recoup a percentage.
Moved by Hill, Seconded by Waters
Mayor Reeves asked to add to the motion that if at any point they know they are going to sell part of the
property that they make sure there is no conflict with the $32,000 grant and if there is don't go for the grant.
Mr. Van Liere stated they have already applied for the grant; they are waiting to hear if they get accepted. He
stated he spoke to Mr. Langton and he said it would not be advisable to accept the grant if they plan to sell the
property. Mr. Komando stated if they are awarded the grant there is the opportunity to accept the grant.
Discussion ensued.
Commissioner Hill stated his motion wasn't contingent on the grant and he doesn't want it to stay contingent
on it because they recoup enough of the cost out of it through the sale. Mr. Komando stated it sounds like he
wants the grant consideration to be outside of his motion. He stated he believes through the conversation
they just had that there is enough direction to the City Manager that he understands what that is.
Commissioner Harding asked if the motion is specific to Option 4. Commissioner Hill stated the 90 days was
a time stated to develop a plan and let staff figure out which option is best. He stated it is to push that
discussion down the road. He stated by doing this they are acquiring it not as a piece of parkland so they
aren't restricted by what they can do with that second half. He stated he doesn't want to make it a park out of
the gate.
Mr. Van Liere stated his understanding is that it will be a park when they make it a park when Mr. Hubsch
changes the zoning to make it a park. He stated when they buy it, it's not a park yet.
Discussion ensued. Mr. November answered questions from the Commission.
January 11, 2016 REGULAR COMMISSION MEETING
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
Mayor Reeves stated they now need to vote on the second part. Discussion ensued.
AGENDA ITEM# lA
JANUARY 25, 2016
Page 19
Motion: Direct staff at such time as they take possession of the property to make it safe and
inaccessible to reduce liability but without removing the structure.
Moved by Hill, Seconded by Waters
Discussion ensued. Commissioner Hill withdrew his motion.
Motion: Go with staff's recommendation of Option 1 to raze house and restore it to green space.
Moved by Harding, Seconded by Waters ·
Discussion ensued. Mr. November answered questions from the Commission.
Votes:
Aye: 4 -Harding, Stinson, Waters, Reeves
Nay: 1-Hill
MOTION CARRIED
D. Appoint Commissioner to Chair the Board Member Review Committee.
Motion: Appoint Commissioner John Stinson to serve as the Chair of the Board Member Review
Committee for the term ending December 1, 2016.
Moved by Reeves, Seconded by Waters
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
4. Consent Agenda
ALL MATIERS 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 Projects Status Report as of January 1, 2016, the
Recreation Programs and Special Events Report for November 2015 and the Building
Department Monthly Activity Report for November 2015.
B. Approve the award of Bid No. 1516-04 -Utility Contractor, Annual Service Contract to
Limbaugh Electric and B&G Refrigeration. ·
January 11, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
JANUARY 25, 2016
Page20
C. Approve the 9-1-1 Interlocal Agreement (Amendment Number One) between the City of
Atlantic Beach and the City of Jacksonville for the Distribution of 9-1-1 funds for Call Taker
salaries and authorize the Mayor and City Manager to sign the agreement.
D Award a Purchase Order to Tom's Asphalt Repairs, Inc. under the terms of Bid 1516-07.
E. Approve the award of a Purchase Order for Chlorine Supply to Allied Universal Corporation
under the terms of their bid received on 12/16/15 (Bid 1516-06).
F. Award the base bid amount of $94,606.05 with a reduced contingency amount of $5,393.95 to
Grimes Utilities, Inc. for a total of $100,000 for Bid No. 1516-05 for Water Service
Replacements on Nautical Blvd. S., Buoy Lane and Helmsman Lane (Seaspray).
Commissioner Stinson pulled Item F.
Motion: Approve Consent Agenda Items A-E as written.
Moved by Waters, Seconded by Stinson
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nayi 0
MOTION CARRIED
Commissioner Stinson stated in the bid there was a comment that if bidders chose not to bid would they give
detail as to why and he was curious if they got any responses back. Public Works Director Doug Layton
stated no. Commissioner Hill asked Mr. Layton to explain the project. Mr. Layton explained they have had a
lot of trouble in this area with the water services and they have been continually repairing them. The material
used did not last very well. He stated it seems economical to make the repair.
Motion: Approve Consent Agenda Item F.
Moved by Waters, Seconded by Harding
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No.l6-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING. THE
JACKSONVILLE TRANSPORTATION AUTHORITY AND THE CITY OF JACKSONVILLE'S
$1.5 MILLION APPROPRIATION REQUEST TO THE STATE OF FLORIDA FOR THE ST.
JOHNS RNER FERRY IN 2016.
City Clerk Bartle read the Resolution by title.
Motion: Approve Resolution No.16-0l as read.
Moved by Stinson, Seconded by Hill
January 11,2016 REGULAR COMMISSION MEETING
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
7. Action on Ordinances
A. Ordinance No.12-16-5, Public Hearing and First Reading
AGENDA ITEM #lA
JANUARY 25, 2016
Page 21
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA CHANGING THE
TERRITORIAL LIMITS OF THE CITY OF ATLANTIC BEACH THROUGH THE VOLUNTARY
ANNEXATION OF APPROXIMATELY 135 ACRES OF REAL PROPERTY KNOWN AS A
PORTION OF THE ATLANTIC BEACH COUNTRY CLUB WIITCH IS CONTIGUOUS TO THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
City Clerk Bartle read the Ordinance by title only. Mayor Reeves opened the Public Hearing. No one in the
audience spoke so he closed the Public Hearing.
Motion: Approve Ordinance No.12-16-5 as read.
Moved by Stinson, Seconded by Harding
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
B. Ordinance No. 31-16-11, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
AMENDING THE TEXT OF THE 2010-2020 COMPREHENSIVE PLAN; DESIGNATING
ANNEXED PROPERTY WITH FUTURE LAND USE MAP DESIGNATIONS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING DIRECTIONS FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
City Clerk Bartle read the Ordinance by title only. Mayor Reeves opened the Public Hearing. No one in the
audience spoke so he closed the Public Hearing.
Motion: Approve Ordinance No. 31-16-11 as read.
Moved by Harding, Seconded by Waters
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
C. Ordinance No. 90-16-224, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
DESIGNATING ANNEXED PROPERTY WITH ZONING OF A SPECIAL PLANNED AREA
(SPA) AS PERMITTED BY THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT;
January 11, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
JANUARY 25, 2016
Page22
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE AND
RECORDING.
City Clerk Bartle read the Ordinance by title only. Mayor Reeves opened the Public Hearing. No one in the
audience spoke so he closed the Public Hearing.
Motion: Approve Ordinance No. 90-16-224 as read.
Moved by Waters, Seconded by Harding
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. Process of contracts.
Commissioner Stinson stated it concerns him that when we have bid requests we are only getting a limited
number of bids back. He would like to sit down with other Commissioners to understand the process we go
through to see if they can improve and get better response to our bid requests. He asked the Commission if
he should do that on his own or have a workshop with the other Commissioners. Commissioner Hill stated he
believes it would be a good idea to have a noticed training session for all of them and asked if the City
Manager could arrange an informational training session sometime in the near future. Commissioner Harding
agreed. Mr. VanLiere stated he believes a half hour would be long enough and it could be done during a
Commission meeting or before a meeting as a workshop. Commissioner Hill stated his personal preference
would be to do it before a Commission meeting.
Mayor Reeves asked if they should consider, when they enter into a contract for the City Manager, City Clerk
and City Attorney, an open-ended contract for three years and then you just renew the contract.
Commissioner Hill stated there has to be the promise of the potential for longevity or you will never stabilize
your workforce. He stated he believes stability has a real dollar value. Commissioner Stinson agreed that
longevity has a real purpose. He stated, however, his sole purpose for putting this item on the agenda was
that we have not been getting a lot of responses to our bids.
B. Inclusion of presentation materials in agenda packet.
Commissioner Stinson stated he would like to see presentation materials before the Commission meetings,
rather than just seeing them on the screen. Mr. VanLiere asked if he was mainly talking about the power
point presentations, stating he has spoken with Mr. Hubsch about that. Mr. Hubsch explained there are times
when they are still working on things before the meeting but they could do an amended agenda.
Commissioner Stinson stated that isn't what he is asking for, but he would not mind seeing a draft. He stated
he isn't asking for anything final, just something so he can be familiar with what they are going to be talking
about. Discussion ensued. Mr. Van Liere stated everything is available upon request and if they look at the
agenda packet and want more, just ask and they will get them more information.
C. Report on meeting with Cloister.
This item was taken out of sequence and acted on earlier in the meeting.
January 11, 2016 REGULAR COMMISSION MEETING
D. Atlantic Beach Tree Canopy.
Mayor Reeves pulled this item from the agenda, stating he will postpone it.
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (December 2015 through February 2016)
AGENDA ITEM #lA
JANUARY 25, 2016
Page23
Mr. VanLiere reported there is a holiday coming up. He stated the photographer who took the group pictures
is available again on February 22 prior to the Commission meeting. February 22 was agreed to by the
Commissioners at 6:00p.m.
Mr. VanLiere reported they received a grant for driver's license scanners. He also stated thy new phone
system has been fully implemented now. He stated our marquee sign fell down from the storm the other day
but has been put back up.
Mr. Van Liere stated he is sorry to see Mr. Komando go and he will be missed. He stated he appreciates all
of his help.
10. Reports and/or requests from City Commissioners and City Attorney
City Clerk Bartle
• Stated it will take longer to do the minutes, since the meeting has been so long, so the agenda packet
will probably be sent out on Friday instead of Thursday.
• Stated she enjoyed working with Mr. Komando and hates to see him go.
Commissioner Stinson
• Apologized that he was unable to bring to resolution the Cloister matter.
• Has a question about a job posting and how it relates to one of our ordinances and would like to meet
with City staff to discuss. He stated he wanted to let the Commission know, in an effort to rebuild
trust amongst this team.
• Thanked Mr. Komando for everything and wished him the best.
Commissioner Hill
• Thanked Commissioner Stinson for taking on the monumental task of trying to get everybody together
on the Cloister issue. He stated he did not want to leave anyone with the impression that he thought in
any way that the territory was different and that was intentional. He stated he genuinely thought that
was Commissioner Stinson territory also. He stated he does look forward to engaging in the process
as it moves forward, but believes a really good captain is driving that boat so he is not asking to jump
in and take it as long as the Mayor is okay with Commissioner Stinson continuing as the liaison. He
stated he will be available in any way he needs him.
• Thanked the City Attorney for his graciousness and the way he handled himself while he was here.
• Stated he looks forward to moving forward and working through all of this.
Commissioner Harding
• Congratulated Chief Deal, his officers and the other agencies for the proclamation tonight.
• Stated the way Commissioner Stinson handled the meeting and his proposal says a lot about his
abilities and him as a person and he appreciates that.
AGENDA ITEM #lA
JANUARY 25, 2016
January 11, 2016 REGULAR COMMISSION MEETING Page24
• Stated he appreciates Mr. Komando being here and helping him get started in his political career and
he will be missed.
Commissioner Waters
• Thank Mr. Komando and his firm for all the services they~have provided.
• Thanked Commissioner Stinson, stating there is no need for apology. She stated everyone who talked
to her could not say enough good words about how well he handled every citizen and how well he
listened and encouraged them to listen to one another. She stated in listening to one another she hopes
they find a solution that does not involve litigation.
• Stated to Mayor Reeves, the trust is not there right now. She stated she believes in the process as they
choose new counsel, it can be rebuilt and she cannot say enough that it is time to move forward and
she looks forward to doing that.
Mayor Reeves
• Apologized for being strict on the rules tonight.
• Tonight was stressful; he appreciates everyone's comments and will take them to heart.
• Attended Beaches Watch representing the City. Stated on January 16, he will be at 3rd St. and
Atlantic Blvd for Martin Luther King Day at 8:00a.m. and everyone is invited.
• Reported the FLC dinner is January 21. Encouraged the Commissioners to attend those.
• Attended the Jacksonville City Financial Committee to help extend the Better Jacksonville Plan to
help with the pension plan.
• Stated he will attend Governor Scott's Leadership Dinner in Tallahassee.
• Thanked Mr. Komando, stating he was a true gentleman and he has enjoyed talking with him.
• Invited Commissioners to the Atlantic Beach Country Club for the signing of the annexation on
January 26 at 9:00 a.m.
• Asked the City Manager to report on the changing of addresses for the other areas of Jacksonville.
Mr. VanLiere stated that is a process that the Post Office goes through periodically so the timeframe
they are looking at is February/March for them to review their request.
Adjournment
There being no further discussion, Mayor Reeves declared the meeting adjourned at 12:54 pm.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Mitchell E. Reeves
Mayor/Presidmg Officer
CITY OF ATLANTIC BEACH
PUBLIC TOWN HALL MEETING
JANUARY 9, 2016
IN ATTENDANCE:
Mayor Mitch Reeves
Commissioner John Stinson
Residents in Attendance Per Sign-In SHEET:
Mr. H.G. Taskett
Ms. Sally Clemens
Ms. Susanne Barker
Commissioner Mitch Harding
Mr. Chris Jorgensen
Ms. Susan Perry
Ms. Lorraine Smith
AGENDA ITEM #lB
JANUARY 25, 2016
Mayor Reeves called the meeting to order at 10:00 am on the January 9, 2016
welcoming those in attendance. Mayor Reeves made the following opening
statements: minutes of the Town Hall meeting on January 9, 2016 will be emailed to
all who attend and provide email addresses on the sign-in sheet; notified attendants
that an office at City Hall is being made available to the Mayor and Commissioners
that will allow citizens to be able to meet with their elected officials; the City has the
capability to monitor COAB website traffic and is using this tool to evaluate the
effectiveness of communications to citizens, ensuring citizens are aware of meetings
and utilizing streamed Commission meetings, etc.; and, inquired as to suggestions
from the citizens how to improve communications to citizens about events,
meetings and other matters of interest.
1) Opening of the Floor to Attendees
Mr. Glenn Shuck (did not sign the sign-in sheet therefore not listed above) spoke in
appreciation of the Town Hall meetings allowing citizens the opportunity to talk to
multiple members of the City Commission at one time and the ability to receive
feedback from the Commission.
Mr. Chris Jorgensen recommended the City consider hosting a Town Hall meeting at
either Dutton Island or Tideview whereby the City or residents include a cookout or
potluck lunch to increase attendance and to highlight those City parks.
Mr. Glenn Shuck spoke about the Gate Petroleum (/Beach Diner) proposal. Mr.
Shuck believes the threatened lawsuit by Gate Petroleum is not neighborly and
perhaps City officials may be focused on mitigating the risk of a lawsuit involving
the City of Atlantic Beach and approaching the matter more like a business decision
instead of ensuring Code compliance.
Town Hall Meeting 1 January 9, 2016
AGENDA ITEM #IB
JANUARY 25, 2016
Mayor Reeves responded to Mr. Shuck and informed the residents in attendance
that he had directed the City Manager to contract a resident of Atlantic Beach who
had over thirty-five years experience in Code compliance related to business
development to ensure that the "City has to get this right" (M. Reeves).
Mr. Shuck inquired if there was a method that would allow residents to have input
into the Gate Petroleum proposal prior to issuance of a permit, including sending
the final proposal to the Community Development Board for additional review.
Ms. Susan Barker inquired about a public meeting for citizens regarding the Gate
Petroleum (/ Beach Diner) matter.
Discussion ensued about the Gate Petroleum(/ Beach Diner) matter. Concerns
expressed were: truck traffic and safety on residential streets surrounding the
proposed area; lighting of the facility and light pollution experienced by nearby
homes and homeowners; perceived increase in crime due to the proposed business;
gasoline fumes from any spills and from storage affecting the nearby neighbors; and,
the adjacent neighbors' fears of any detrimental impact from the facility to real
estate values of nearby homes.
Mayor Reeves suggested a forum for the citizens of Atlantic Beach that would allow
all parties to express concerns and offer ideas and solutions. Mayor Reeves briefly
mentioned the forum held at Adele Grage Community Center and inquired if
Commissioner Stinson would agree to facilitate such an event for citizens.
Commissioner Stinson agreed to do so. Commissioner Stinson explained he would
bring the matter up to the Commission on the 11th of January 2 016, which would
also allow Commissioner Hill to speak to the matter, since the development was
located within his precinct.
Discussion continued and the following comments and requests were made: a
request to review Section 24-2 of the City Code to determine the applicability to the
proposal; request for City officials and the City Commission to be more proactive in
addressing the proposal; for the City (Public Safety) to authorize and complete a
traffic study of the area and the impact of any increase in traffic on local traffic
patterns; and to eliminate the curb cuts on Sturdivant and restrict truck traffic and
deliveries using residential streets.
Ms. Sally Clemens wondered how the sale of the property happened without the City
and residents being aware of the possible sale of the property. Ms. Clemens also
made the following suggestions for the City Commission:
1) For all members of the Commission to "do their homework" (S. Clemens)
prior to Commission meetings and be prepared to address issues presented
to the Commission;
Town Hall Meeting 2 January 9, 2016
AGENDA ITEM #lB
JANUARY 25, 2016
2) Requested City Commissioners schedule time to talk to City staff prior to
Commission meetings for answers to questions and concerns the
Commissioners may have;
3) Requested that the City consider improving visibility for attendees to City
Cqmmission meetings. Ms. Clemens stated that the placement of the
overhead projection screen makes following any visually presented materials
difficult while listening to speakers;
4) Suggested that Commission meetings might be more effective and efficient if
Commissioners observed protocol and decorum, honoring time limits
allowed, with regards to speaking.
Mr. H. G. Taskett inquired if Parkside Drive would be an appropriate street to install
speed humps, much like those used on Plaza, about halfway down to the middle of
the street, controlling traffic avoiding the five~ way intersection at Plaza and
Seminole, all while traversing the area at high rates of speed.
2) Closing Comments
Mayor Reeves briefed attendees about projects pending within the City. Projects
included: the Seminole Road drainage project; the paving of Seminole Road from the
five-way intersection to the Hanna Park fence; that perhaps there would be a public
meeting on both Seminole Road projects; the sidewalk improvement for Sherry
Road, from Atlantic Boulevard to Seminole Road; and, his hope to host a public
meeting on the Saltair Drainage project so residents could voice their concerns and
comments since the project was halted at the request of residents in the
neighborhood.
Final comments from citizens included: attendees requested City staff inquire from
Gate Petroleum how many vehicles per day the Company expected would frequent
the site; attendees again requested that the Community Development Board be
charged with reviewing the final proposal prior to issuance of a permit for
construction and would any Commissioner commit to presenting this request to the
City Commission.
Commissioner Stinson stated he would have no issue including the request on a
Commission agenda for the Commission to discuss.
Mayor Reeves adjourned the meeting at 12:29 pm.
Town Hall Meeting 3
Mitchell E. Reeves
Mayor /Presiding Officer
January 9, 2016
City of Atlantic Beach AGENDA ITEM# 4A
FINANCIAL REPORT JANUARY 25, 2016
November 2015
Cash Balances
Prior Current Dollar Percent
Fund(s) 10/31/15 11/30/15 Change Change
General $ 6,677,139 $ 6,790,282 $ 113,143 1.69%
Tree Replacement 18,955 18,955 0.00%
Convention Development Tax 104,147 121,735 17,588 16.89%
Local Option Gas Tax 194,752 217,430 22,679 11.65%
Better Jax 1/2 Cent Sales Tax 486,003 480,809 (5,194) -1.07%
Police Training, Forfeiture, Grants, etc. 124,308 90,550 (33,758) -27.16%
Capital Projects 2,732,876 2,787,621 54,745 2.00%
Utility 5,247,133 5,256,472 9,339 0.18%
Sanitation 414,218 417,367 3,149 0.76%
Building Code Enforcement 403,346 417,094 13,749 3.41%
Storm Water 1,613,765 1,620,298 6,533 0.40%
Pension -Police 82,380 95,741 13,361 0.00%
Pension -General 12,541 23,587 11,046 88.08%
Total $ 18,111,563 $ 18,337,941 $ 226,379 1.25%
Total Restricted Cash 7,105,297
Total Unrestricted Cash $11,232,645
Cash and Investments
Prior Current Dollar Percent
Account 10/31/15 11/30/15 Change Change
Bank of America-Depository $ 2,300,474 $ 2,537,914 $ 237,440 10.32%
Delaware Limited-Term Diversified Inc A 2,488,868 2,483,321 (5,547) -0.22%
Global X Gold Explorers ETF 4,168,445 4,169,603 1,158 0.03%
lnvesco Floating Rate A 727,863 720,146 (7,717) -1.06%
Voya Short Term Bond Fund Class A 4,167,119 4,162,016 (5,103) -0.12%
MSSB Money Market/Cash 4,232,821 4,238,963 6,141 0.15%
SBA-Florida Prime 22,822 22,827 5 0.02%
Cash on Hand 3,150 3,150 0.00%
Subtotal $ 18,111,563 $ 18,337,941 $ 226,378 1.25%
Police Pension Investments $ 8,795,765 $ 8,887,690 $ 91,925 1.05%
General Pension Investments 15,618,470 15!781 ,008 162,538 1.04%'-
Subtotal $ 24,414,236 $ 24,668,699 $ 254,463 1.04'lfo
Total $ 42,525,797 $ 43,006,640 $ 480,841 1.13%
City of Atlantic Beach AGENDA ITEM # 4A
JANUARY 25, 2016
FINANCIAL REPORT
November 2015
Revenues
Annual YTD YTD Dollar Percent
Fund I (Footnote) Estimate Estimate Actual Variance
General $ 11,762,799 $ 1,960,396 $ 1,718,091 $
Convention Development Tax 96,307 16,048 34,630
Local Option Gas Tax 461,611 76,934 79,302
Better Jax 1/2 Ct Sales Tax 790,128 131 ,686 133,402
Police Training, Forfeiture & Grants 89,150 14,854 14,120
Grants 650,000 108,332
Capital Projects 855,000 142,496 106,690
Utility 8,335,711 1,389,258 1,465,270
Sanitation 1,840,330 306,718 316,608
Building Code Enforcement 439,134 73,182 76,024
Storm Water
Pension -Police
Pension -General
875,708 145,950 152,328
1,530,544 255,088 590,933
2,336,217 389,368 1,063,744
Total $ 30,062,639 $ 5,010,310 $ 5,751,142 $
Analysis of Major Variances
In general, the major variances are created when the actual funds received-to-date are
different from the percentage of the budget elapsed-to-date. Highlighted variance explanations
follow:
General Fund revenues show a net negative variance of $242,305. Most of this variance
is due to the timing of receipt of ad valorem taxes, the majority of which are received in late
November and December, and the quarterly reimbursement by COJ for lifeguard/beach
maintenance and mutual aid assistance. These variances were partially offset by local
business tax receipts; and timing of the receipt of the annual County allocation of business
tax receipts.
Grant Funds reflected a negative variance of $108,332, Grant revenue is reimbursement
based, revenue will begin being collected in February.
Pension Funds reflected significant, positive variances this month, $335,845 and
$674,376, respectively, from the increased value of investments.
(242,305)
18,582
2,368
1,716
(734)
(108,332)
(35,806)
76,012
9,890
2,842
6,378
335,845
674,376
740,832
Variance
-12.36%
115.79%
3.08%
1.30%
-4.94%
-100.00%
-25.13%
5.47%
3.22%
3.88%
4.37%
131.66%
173.20%
14.79%
City of Atlantic Beach AGENDA ITEM# 4A
FINANCIAL REPORT
JANUARY 25, 2016
November 2015
Expenses
Annual YTD YTD Dollar
Department Estimate Estimate Actual Variance
Governing Body $ 40,384 $ 6,724 $ 6,377 $ 347
City Administration 2,544,554 424,016 438,137 (14,121)
General Government 587,118 97,818 62,844 34,974
Planning and Building 607,232 101,172 78,852 22,320
Public Safety 9,414,454 1,568,972 796,819 772,153
Recreation and Special Events 574,568 80,551 48,122 32,429
Public Works 8,491,734 1 ,415,162 839,238 575,924
Public Utilities 10,277,628 1,712,816 2,188,265 (475,449)
Pension -Police 621,607 103,590 108,867 (5,277)
Pension -General 986,941 164,484 388,249 {223,765}
Total $ 34,146,220 5,675,305 4,955,770 $719,535
Annual YTD YTD Dollar
Resource Allocation Estimate Estimate Actual Variance
Personnel Services $ 10,194,342 $ 1,699,530 $ 1,507,702 $ 191,828
Operating Expenses 11,375,635 1,896,530 1,428,808 467,722
Capital Outlay 8,964,148 1,477,249 217,230 1,260,019
Debt Service 1,964,401 327,392 1,533,550 (1 ,206, 158)
Grants and Aids 36,820 6,134 6,134
Transfers 1,610,874 268,470 268,480 {10}
Total $ 34,146,220 $ 5,675,305 $ 4,955,770 $ 719,535
Analysis of Major Variances
In general, the major variances are a result of timing differences created between the percentage of budget
elapsed-to-date and actual expenditures. Highlighted variance explanations follow:
Public Safety had a positive variance of $772,153. Most of the variance is the result of the Public Safety
Building project-see Project Activity Schedule.
Public Works had a positive variance of $575,924. Most of the variance is the result of project activity
budgeted that has not been started/completed -see Project Activity Schedule.
Public Utilities had a negative variance of $475,449. Most of the variance is the result of large debt
payments made in October ($1 ,073, 708).
Pension-General shows a negative $223,765 variance for the period. In October, a large payout of
$207,381.11 was made to a former employee's beneficiary.
Operating Expenses had a positive variance of $467,722. The largest part of the variance is made up of
a quarterly payment made to the City of Jacksonville for the Fire Department.
Capital Outlay had a positive variance of $1,260,019. Most of the capital and project expenditures occur
in the middle to latter part of the fiscal year-see Project Activity Schedule.
Debt Service reflects a negative variance of $1,206,158; this was the result of the largest Public Utility
debt service payment being made in October.
Percent
Variance
5.16%
-3.33%
35.75%
22.06%
49.21%
40.26%
40.70%
-27.76%
-5.09%
-136.04%
12.68%
Percent
Variance
11.29%
24.66%
85.29%
-368.41%
100.00%
0.00%
12.68%
City of Atlantic Beach AGENDA ITEM# 4A
FINANCIAL REPORT JANUARY 25, 2016
November 2015
Project Activity-Current Year Activity Only
Project YTD YTD
Project Name Number Budget Actual Encumbrances Balance Status
Public Safety:
NEW POLICE BLDG-DES/CONST PS1501 3,026,667 133,967 2,892,700
$ 3,026,667 $ $ 133,967 $ 2,892,700
Public Utilities:
INLINE VALVE INSTALLATION PU1404 16,355 16,355 (0) D
EFFLUENT OUTFALL REPLCMT PU1408 2,625 2,625 I
WELL LOGGING-6 WELLS PU1501 130,000 130,000 s
UPDATE MODELS PU1502 23,442 3,020 20,422 I
EFF OUTFALL@ SHERMAN PT PU1504 320,000 320,000 I
WETWLL LINE-MIM COVE LS PU1505 13,954 13,954 (0) I
WETWELL LINE-FAIRWAY V LS PU1506 14,141 14,141 0 I
NORTH FENCE REPLACE WTP2 PU1601 10,000 10,000 E
SOFT STARTS -WTP1, 2 &3 PU1602 48,000 48,000 A
CHLORINE AUTO CONTROL VAL PU1603 31,000 31,000 A
CONTROL BUBBLER SYSTEM PU1604 15,000 15,000 A
REPLACE SEASPRAY H20 SERV PU1605 100,000 100,000 A
ATLANTIC WATER MAIN REPLA PU1606 100,000 100,000 E
SEWER SYSTEM REHAB SEAOAT PU1607 200,000 200,000 E
CONTROL PANEL LIFT STA WW PU1608 19,000 19,000 A
SOFTSTARTS LIFT ST. ABC&D PU1609 55,000 55,000 A
2 POINT REP. EFF GRAV ICW PU1610 30,000 30,000 E
PHORPHOROUS TREATMENT FAC PU1611 225,000 24,833 200,167 I
REPLACE DISKS KRUGER DISF PU1612 6,000 6,000 A
INFLUENT SCREENS (2) PU1613 20,000 20,000 A
REPLACE EFF PUMP #2 PU1614 50,000 50,000 A
REPLACE RAS PUMP & MOTOR PU1615 50,000 50,000 A
REPLAC INFLUENT PUMP WWTP PU1616 22,000 22,000 A
Subtotal $ 1,501,517 $ 3,020 $ 92,330 $ 1 ,406,167
Parks Maintenance:
RUSSELL PK RENOVATION PM1501 233,180 28,813 29,155 175,212 I
DONNER PK PLAYGRND LIGHTS PM1503 6,500 6,146 354 E
BULL PK PLAYGRND EQUIPMT PM1504 35,000 (0) 35,000 I
DUTTON ISLE RD IMPROVMENT PM1505 25,000 24,620 380 E
Subtotal $ 299,680 $ 28,813 $ 59,921 $ 210,946
Public Works:
SAL TAIRISTURDIVAN SIDEWLK PW1406 32,090 2,080 2 30,008 I
SEMINOLE STREET SCAPE PW1407 976,974 25,614 1,359 950,001 D
Marsh Project Ped Path PW1408 56,504 56,504 1 I
SAL TAIR DRAINAGE UPGRADE PW1411 61,707 4,000 (2) 57,709 I
SE SEMINOLE RD DRAIN IMPR PW1412 650,000 650,000 D
BIKE RACKS & STREET LIGHT PW1501 6,789 6,789 I
FRANCIS AVE DRAINAGE IMPR PW1502 650,000 650,000 I
CH PARK LOT LIGHTS-LAST PW1504 9,554 9,554 (0) I
TOWNCENTER IMPR DECK & BR PW1601 40,000 40,000 E
VET PARK PLAYSET PW1602 40,000 40,000 E
Subtotal $ 2,523,618 $ 48,037 $ 57,863 $ 2,417,718
Total $ 7,351,482 $ 79,870 $ 344,080 $ 6,927,531
Status Key
A -Bid/RFP Advertised I -Project In-progress
8 -Bid Awarded N -Complete/Non-Capital
C -Project Completed R -Re-budget Next Fiscal Year OR Re-Evaluated
D -Design Completed S -Staff Researching
DE -Deferred X -Project Cancelled
E -Design Phase
ORDINANCE 12-16-5
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA CHANGING THE TERRITORIAL LIMITS OF
THE CITY OF ATLANTIC BEACH THROUGH THE
VOLUNTARY ANNEXATION OF APPROXIMATELY 135
ACRES OF REAL PROPERTY KNOWN AS A PORTION OF
THE ATLANTIC BEACH COUNTRY CLUB WHICH IS
CONTIGUOUS TO THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
AGENDA ITEM #7A
JANUARY 25, 2016
WHEREAS, Chapter 171, Part II, Florida Statutes, authorizes the annexation of lands
through the cooperative efforts of the City of Atlantic Beach and the City of Jacksonville
utilizing an Interlocal Service Boundary Agreement, such that a municipality may annex lands of
any character; and
WHEREAS, the City of Jacksonville and the City of Atlantic Beach entered into an
Interlocal Agreement on July 31,2013, specific to a Special Planned Area (REZ 13-001-00057)
for the property to be annexed; and
WHEREAS, the City of Jacksonville and the City of Atlantic Beach agreed certain land
is logical for annexation and on May 11, 2015, entered into an Interlocal Service Boundary
Agreement to facilitate said annexation, and to address the provision of services and
infrastructure to said land (See Duval County Official Records Book 17162, Page 885; and City
of Atlantic Beach Ordinance 12-15-4); and
WHEREAS, the City of Atlantic Beach and the City of Jacksonville have complied with
the procedural requirements contained in Chapter 171, Part II, Florida Statutes; and
WHEREAS, a duly advertised public hearing was conducted on Tuesday, September 15,
2015, after 6:00P.M. by the Atlantic Beach Community Development Board (CDB), acting as
the Local Planning Agency; and the CDB provided its recommendation to the City Commission
of the City of Atlantic Beach, Florida; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida considered the
recommendation(s) of the CDB at a duly advertised public hearing held on Monday, September
28, 2015, and Monday, October 26, 2015, after 6:00 P.M. and approved the proposed
comprehensive plan and zoning changes required for annexation; and
ORDINANCE NO. 12-16-5
Page 1 of4
AGENDA ITEM #7A
JANUARY 25, 2016
WHEREAS, notice of this ordinance was published at least once per week, for two
consecutive weeks in a newspaper with general circulationfor the City; and
WHEREAS, the proposal for annexation, amendments to the comprehensive plan and
zoning changes were transmitted to the Florida Department of Economic Opportunity (DEO)
who identified no comment related to important state resources and facilities within the DEO's
authorized scope of review; and
WHEREAS, the governing boards of the City of Atlantic Beach and the City of
Jacksonville deem it to be in the best interests of their citizens to annex the portion of the
Atlantic Beach Country Club which is specifically set forth in this ordinance;
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. Adoption and Incorporation of Recitals. The City Commission of the City of
Atlantic Beach, Florida hereby adopts the above recitals and incorporates them herein as a part of
this ordinance.
Section 2. Real Property to be Annexed. The following real property, a portion of the
Atlantic Beach Country Club, is hereby voluntarily annexed, specifically described as:
THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF
GOVERNMENT LOTS 7, 8, 9, 10, 15 AND 16, OF SECTION 8, ALL IN
TOWNSHIP 2 SOUTH, RANGE 29 EAST, DONNER'S REPLAT AS
RECORDED IN PLAT BOOK 19, PAGES 16 AND 16A OF THE PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE FERRER GRANT,
SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH
06°45'00" WEST, 2073.94 FEET TO THE LINE DIVIDING SAID SECTION 8
AND SECTION 17 FOR A POINT OF BEGINNING; THENCE SOUTH
89°28'50" WEST, ALONG SAID SECTION LINE, 764.29 FEET TO THE
SOUTHWEST CORNER OF THE EAST (1/2) OF GOVERNMENT LOT 15 OF
SAID SECTION 8; THENCE NORTH 00°31 '10" WEST, ALONG THE
WESTERLY BOUNDARY LINE OF SAID EAST (1/2) OF GOVERNMENT
LOT 15, 1324.81 FEET TO THE SOUTHERLY BOUNDARY OF
GOVERNMENT LOT 10 OF SAID SECTION 8; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID LOT 10, SOUTH 89°03'10" WEST,
355.77 FEET TO THE SOUTHEAST CORNER OF FAIRWAY VILLA AS
RECORDED IN PLAT BOOK 39, PAGE 22 OF SAID PUBLIC RECORDS;
THENCE NORTH 01 °23'15" WEST, ALONG THE EASTERLY LINE OF
ORDINANCE NO. 12-16-5
Page2 of4
AGENDA ITEM #7A
JANUARY 25, 2016
SAID FAIRWAY VILLA, 1875.00 FEET; THENCE NORTH 88°36'45" EAST,
470.00 FEET; THENCE NORTH 51°45'15" EAST, 404.23 FEET TO THE
MOST WESTERLY CORNER OF SEVILLA GARDENS UNIT 2, AS
RECORDED IN PLAT BOOK 45, PAGE 7 OF SAID PUBLIC RECORDS;
THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID SEVILLA GARDENS UNIT 2 AND A SOUTHEASTERLY
PROLONGATION THEREOF, ALONG THE ARC OF A CURVE THAT IS
CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET,
A DISTANCE OF 1088.60 FEET AS MEASURED ALONG A CHORD
BEARING SOUTH 47°06'35" EAST, THENCE NORTH 59°36'55" EAST,
90.85 FEET; THENCE SOUTH 30°27'05" EAST, 187.60 FEET; THENCE
ALONG A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A
RADIUS OF 4069.72 FEET, A DISTANCE OF 118.00 FEET, AS MEASURED
ALONG A CHORD BEARING SOUTH 58°35'55" EAST; THENCE SOUTH
12'22'05" EAST, A DISTANCE OF 46.00 FEET, MORE OR LESS, TO AN
INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE
DITCH AND/OR CANAL; THENCE SOUTHERLY ALONG THE
WESTERLY SHORELINE OF SAID DRAINAGE DITCH AND/OR CANAL,
2026.00 FEET MORE OR LESS TO A POINT, SAID POINT BEING ON A
WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1, BLOCK 9,
SELVA MARINA UNIT 5, AS RECORDED IN PLAT BOOK 30, PAGES 29
AND 29A OF SAID PUBLIC RECORDS; THENCE NORTH 78°03'10" EAST,
32.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
SOUTH 14°44'41" WEST ALONG THE EASTERLY CITY LIMITS LINE OF
THE CITY OF JACKSONVILLE, 521.37 FEET TO AN INTERSECTION
WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17; THENCE
SOUTH 89°28'50" WEST, ALONG SAID SECTION LINE, 1028.42 FEET TO
THE POINT OF BEGINNING.
(The above described real property is also identified in "Exhibit 1 Composite"
which is attached hereto and incorporated herein by reference).
Section 3. Petition(s) for Annexation. Pursuant to Section 171.044(1), Florida Statutes,
the real property owners of the subject property petitioned the City of Atlantic Beach for
voluntary annexation. (See attached "Exhibit 2 Composite" which is attached hereto and
incorporated herein by reference). No objection to the annexation of the subject property was
received by the City.
Section 3. Findings. This City Commission of the City of Atlantic Beach, Florida hereby
finds the total area to be voluntarily annexed is contiguous to the municipality's boundaries and
is reasonably compact.
Section 4. Direction to Staff. Following approval by the City Commission of the City of
Atlantic Beach, Florida, staff is directed to: file the same in the Official Records of Duval
ORDINANCE NO. 12-16-5
Page 3 of4
AGENDA ITEM #7A
JANUARY 25, 2016
County, Florida; and revise the city charter boundary and file the same with the Florida
Department of State and the Florida Office of Economic and Demographic Research.
Section 5. Effective Date of Ordinance. This Ordinance shall become effective upon
adoption by the City Commission of the City of Atlantic Beach, Florida.
PASS ED with a quorum present and voting, by the City Commission of the City of
Atlantic Beach, Florida, in regular session, on first reading this 11th day of January 2016.
PASSED AND DULY ADOPTED with a quorum present and voting, by the City
Commission of the City of Atlantic Beach, Florida, in regular session, this 25th day of January
2016.
ATTEST:
DONNA L. BARTLE
City Clerk
CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA
MITCHELL E. REEVES
Mayor
Approved as to form and correctness:
RICHARD KOMANDO
City Attorney
ORDINANCE NO. 12-16-5
Page 4 of4
City of Atlantic Beach
AGENDA ITEM 117A
J ANUA RY 25,20 16
Exhib it 1 Composite
Exhibit 2 Composite
AGENDA ITEM #7A
JANUARY 25, 2016
NOTICE OF ANNEXATION,
COMPREHENSIVE PLAN
AMENDMENT, AND ZONING
CHANGE
CITY OF ATLANTIC BEACH
NOTICE OF ANNEXATION is hereby given of public
hearings to be held by the City Commission in
accordance with Florida Statutes to consider
Ordinance 12-16-5, annexing the approximately
135 acres of real property known as a portion of
the Atlantic Beach Country Club. The area to be
annexed is shown in the map in this notice. A
complete legal description by metes and bounds, as
well as the ordinance may be obtained from the
Office of the City Clerk.
NOTICE OF CHANGE OF LAND USE
The City of Atlantic Beach proposes Ordinance 31-
16-11, An Ordinance of the City of Atlantic Beach,
Duval County, Florida, Amending the Text of the
2010-2020 Comprehensive Plan; designating
annexed property with Future Land Use Map
Designations; providing for conflict; providing for
severability; providing directions for recording; and
providing an effective date.
NOTICE OF ZONING CHANGE
The City of Atlantic Beach proposes to adopt
Ordinance 90-16-224 rezoning the land within the
area shown in the map with this advertisement.
City Commission: Monday, January 11, 2016 and
January 25, 2016 at 6:30 p.m.
Location: Commission Chambers, 800 Seminole
Road in Atlantic Beach, Florida 32233.
Applicant: City of Atlantic Beach.
All information related to the agenda item listed
above is available for review at the City of Atlantic
Beach Office of City Clerk, located at 800 Seminole
Road, Atlantic Beach, FL 32233, and may be
obtained at this office, or by calling (904) 247-5800.
Interested parties may attend the meeting
AGENDA ITEMS# 7 A,B,C
JANUARY 25, 2016
indicated in this notice and state their opinions, or
written comments regarding the agenda item may
be submitted by mail to the address given above.
In accordance with the Americans with Disabilities
Act, persons needing special accommodation to
participate in this proceeding should contact the
individual or agency sending this notice not later
than seven days prior to the proceeding at the
address or phone number given above.
ORDINANCE 31-16-11
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
DUVAL COUNTY, FLORIDA, AMENDING THE TEXT OF
THE 2010-2020 COMPREHENSIVE PLAN; DESIGNATING
ANNEXED PROPERTY OF THE ATLANTIC BEACH
COUNTRY CLUB ~TH FUTURE LAND USE MAP
DESIGNATIONS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING
DIRECTIONS FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
AGENDA ITEM #7B
JANUARY 25, 2016
WHEREAS, the Community Planning Act; Section 163.3161 through 163.3215, Florida
Statutes, require that each local government prepare and adopt a comprehensive land use plan;
and
WHEREAS, Section 163.3184, Florida Statutes, requires that any amendment to the
Comprehensive Plan or any element or portion thereof be made by ordinance; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida wishes to make
amendments to Policy A.1.5.11 and Policy G.1.1.9 of the 2010-2020 Comprehensive Plan; and
WHEREAS, the proposed amendments relate to the text of the 2010-2020
Comprehensive Plan (15-CGTA-1060) and Future Land Use Map designation (15-CGTA-1061)
which pertain to a portion of the Atlantic Beach Country Club consisting of 135 acres of real
property; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, found
previously the application for a Special Planned Area (SPA) (REZ 13-001-00057) would provide
for orderly growth; encourage the appropriate use of land; protect and improve the health, safety,
comfort, good order, appearance, and general welfare of the public and serve to continue
consistency with the 2010-2020 Comprehensive Plan; and
ORDINANCE NO. 31-16-11
Page 1 of6
AGENDA ITEM #7B
JANUARY 25, 2016
WHEREAS, the City of Jacksonville and the City of Atlantic Beach agreed certain land
is logical for annexation and on May 11, 2015, entered into an Interlocal Service Boundary
Agreement to facilitate said annexation, and to address the provision of services and
infrastructure to said land (See Duval County Official Records Book 17162, Page 885; and City
of Atlantic Beach Ordinance 12-15-4); and
WHEREAS, the City of Atlantic Beach and the City of Jacksonville have complied with
the procedural requirements contained in Chapter 171, Part II, Florida Statutes; and
WHEREAS, the proposal for annexation, amendments to the comprehensive plan and
zoning changes were transmitted to the Florida Department of Economic Opportunity (DEO)
who identified no comment related to important state resources and facilities within the DEO's
authorized scope of review; and
WHEREAS, following annexation, the City of Atlantic Beach desires to amend the
2010-2020 Comprehensive Plan and designate Future Land Use Designations for the portion of
the Atlantic Beach Country Club which is specifically set forth in this ordinance; and
WHEREAS, a duly advertised public hearing was conducted on Tuesday, September 15,
2015, after 6:00P.M. by the Atlantic Beach Community Development Board (CDB), acting as
the Local Planning Agency; and the CDB provided its recommendation to the City Commission
of the City of Atlantic Beach, Florida; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida considered the
recommendation(s) of the CDB at a duly advertised public hearing held on Monday, September
28, 2015, and Monday, October 26, 2015, after 6:00 P.M. and approved the proposed
comprehensive plan and zoning changes required for annexation; and
ORDINANCE NO. 31-16-11
Page 2 of6
AGENDA ITEM #7B
.JANUARY 25, 2016
WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the
adoption of this ordinance and the classification of real property described herein is consistent
with the goals objectives and policies of the 2010-2020 Comprehensive Plan and is in the best
interest of the City of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. Adoption and Incorporation of Recitals. The City Commission of the City of
Atlantic Beach, Florida hereby adopts the above recitals and incorporates them herein as a part of
this ordinance.
Section 2. Property Description. The following real property, a portion of the Atlantic
Beach Country Club, is specifically described as:
THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF
GOVERNMENT LOTS 7, 8, 9, 10, 15 AND 16, OF SECTION 8, ALL IN
TOWNSHIP 2 SOUTH, RANGE 29 EAST, DONNER'S REPLAT AS
RECORDED IN PLAT BOOK 19, PAGES 16 AND 16A OF THE PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE FERRER GRANT,
SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH
06°45'00" WEST, 2073.94 FEET TO THE LINE DIVIDING SAID SECTION 8
AND SECTION 17 FOR A POINT OF BEGINNING; THENCE SOUTH
89°28'50" WEST, ALONG SAID SECTION LINE, 764.29 FEET TO THE
SOUTHWEST CORNER OF THE EAST (1/2) OF GOVERNMENT LOT 15 OF
SAID SECTION 8; THENCE NORTH 00°31'10" WEST, ALONG THE
WESTERLY BOUNDARY LINE OF SAID EAST (112) OF GOVERNMENT
LOT 15, 1324.81 FEET TO THE SOUTHERLY BOUNDARY OF
GOVERNMENT LOT 10 OF SAID SECTION 8; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID LOT 10, SOUTH 89°03'10" WEST,
355.77 FEET TO THE SOUTHEAST CORNER OF FAIRWAY VILLA AS
RECORDED IN PLAT BOOK 39, PAGE 22 OF SAID PUBLIC RECORDS;
THENCE NORTH 01°23'15" WEST, ALONG THE EASTERLY LINE OF
SAID FAIRWAY VILLA, 1875.00 FEET; THENCE NORTH 88°36'45" EAST,
470.00 FEET; THENCE NORTH 51 °45'15" EAST, 404.23 FEET TO THE
MOST WESTERLY CORNER OF SEVILLA GARDENS UNIT 2, AS
ORDINANCE NO. 31-16-11
Page 3 of6
AGENDA ITEM #7B
JANUARY 25, 2016
RECORDED IN PLAT BOOK 45, PAGE 7 OF SAID PUBLIC RECORDS;
THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID SEVILLA GARDENS UNIT 2 AND A SOUTHEASTERLY
PROLONGATION THEREOF, ALONG THE ARC OF A CURVE THAT IS
CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET,
A DISTANCE OF 1088.60 FEET AS MEASURED ALONG A CHORD
BEARING SOUTH 47°06'35" EAST, THENCE NORTH 59°36'55" EAST,
90.85 FEET; THENCE SOUTH 30°27'05" EAST, 187.60 FEET; THENCE
ALONG A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A
RADIUS OF 4069.72 FEET, A DISTANCE OF 118.00 FEET, AS MEASURED
ALONG A CHORD BEARING SOUTH 58°35'55" EAST; THENCE SOUTH
12'22'05" EAST, A DISTANCE OF 46.00 FEET, MORE OR LESS, TO AN
INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE
DITCH AND/OR CANAL; THENCE SOUTHERLY ALONG THE
WESTERLY SHORELINE OF SAID DRAINAGE DITCH AND/OR CANAL,
2026.00 FEET MORE OR LESS TO A POINT, SAID POINT BEING ON A
WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1, BLOCK 9,
SELVA MARINA UNIT 5, AS RECORDED IN PLAT BOOK 30, PAGES 29
AND 29A OF SAID PUBLIC RECORDS; THENCE NORTH 78°03'10" EAST,
32.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
SOUTH 14°44'41" WEST ALONG THE EASTERLY CITY LIMITS LINE OF
THE CITY OF JACKSONVILLE, 521.37 FEET TO AN INTERSECTION
WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17; THENCE
SOUTH 89°28'50" WEST, ALONG SAID SECTION LINE, 1028.42 FEET TO
THE POINT OF BEGINNING.
Section 3. Future Land Use Map Designations. This ordinance is adopted for the purpose
of classifying the future land use map designation of the above-referenced real property on the
Future Land Use Map of the City of Atlantic Beach 2010-2020 Comprehensive Plan and is
adopted by the City Commission of the City of Atlantic Beach, Florida pursuant to the authority
granted by Chapter 163, Florida Statutes. The City Commission of the City of Atlantic Beach,
Florida classifies the above described real property as show in "Exhibit 1" which is attached
hereto and incorporated herein by reference as Residential Low Density (RL) and Recreation I
Open Space (RIO) on the Future Land Use Map.
Section 4. 2010-2020 Comprehensive Plan Text Amendments. Policy A.1.5.11 and
Policy G.l.1.9 of the 2010-2020 Comprehensive Plan are hereby amended according to the
ORDINANCE NO. 31-16-11
Page 4 of6
AGENDA ITEM #7B
JANUARY 25, 2016
additions included in "Exhibit 2" which is attached hereto and incorporated herein by reference.
Section 5. Conflict. In the event of any conflict between this ordinance and the prior
approval of the City Commission of the City of Atlantic Beach, the provisions of the prior
approval and related terms and conditions shall prevail. To the extent they do not conflict with
the unique specific provisions of this Special Planned Area, all provisions of the Land
Development Regulations, as such may be amended from time to time, shall be applicable to
this development; except that modifications to this Special Planned Area by variance or special
use shall be prohibited except as allowed by the Land Development Regulations, and except to
the degree that the development may qualify for vested rights in accordance with applicable
ordinances and laws. Notwithstanding any provision of this ordinance, no portion of any
Building Code, Comprehensive Plan or any regulation aside from those set forth within the
Land Development Regulations shall be deemed waived or varied by any provision herein.
Section 6. 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 7. Effective Date and Recording. This Ordinance shall become effective thirty-
one (31) days after adoption by the City Commission of the City of Atlantic Beach, Florida, in
accordance with Section 163.3187(5)(b)(2)(c), Florida Statutes, and shall be recorded in the
Official Records of Duval County, Florida.
ORDINANCE NO. 31-16-11
Page 5 of6
AGENDA ITEM #7B
JANUARY 25, 2016
PASSED with a quorum present and voting, by the City Commission of the City of
Atlantic Beach, Florida, in regular session, on first reading this 11th day of January 2016.
PASSED AND DULY ADOPTED with a quorum present and voting, by the City
Commission of the City of Atlantic Beach, Florida, in regular session, this 25th day of January
2016.
ATTEST:
DONNA L. BARTLE
City Clerk
CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA
MITCHELL E. REEVES
Mayor
Approved as to form and correctness:
RICHARD KOMANDO
City Attorney
ORDINANCE NO. 31-16-11
Page 6 of6
Exhibit 2
AGENDA ITEM #7B
JANUARY 25, 2016
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
A. Future Land Use Element
Goals, Objectives, and Policies
Future land use, new development and redevelopment within the City of Atlantic Beach
shall be in accordance with the following Goals, Objectives, and Policies and as further
controlled by the Land Development Regulations, as may be amended to implement the
Goals, Objectives, and Policies of this Comprehensive Plan. Development areas shall
be defined by the land use categories described within the Future Land Use Element and
as depicted on the Future Land Use Map, included in this Plan amendment as Map A-1 of
the Future Land Use Map Series.
Pursuant to Chapter 163.3194(1 ), Florida Statutes, as may be amended, all Development
undertaken, and ail actions taken in regard to Development, shall be consistent with this
Comprehensive Plan. Further, all Land Development Regulations enacted or amended
shall be consistent with the adopted Comprehensive Plan, and in the event of
· inconsistency between the requirements of any zoning or Land Development Regulations,
the provisions of this Comprehensive Plan shall prevail.
Goal A.1
The City shall manage growth and redevelopment in a manner, which results in a
pattern of land uses that: 1) encourages, creates and maintains a healthy and
aesthetically pleasing built environment, 2) avoids blighting influences, 3)
preserves and enhances coastal, environmental, natural, historic and cultural
resources, 4) maintains the City's distinct residential community character, 5)
provides for reasonable public safety and security from hazardous conditions
associated with coastal locations, 6) that provides public services and facilities in
a timely and cost effective manner, and 7) that encourages energy efficiency and
the use of renewable energy resources.
Objective A.1.1
Environmental Resources
Land development activities and project review procedures shall include
requirements intended to protect natural environmental features and improve the
physical characteristics of the City so as to ensure the conservation and protection
of Environmentally Sensitive Areas, as defined by Policy 0.3.2.8 of the Coastal
Conservation Element and any other natural resources including wetlands, wildlife
habitats, estuarine systems, and surface and groundwater resources.
Policy A.1.1.1 Land development within the City shall be permitted only where such
development is compatible with environmental limitations of the site and
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
only when submitted plans demonstrate appropriate recognition of
topography, soil conditions, flooding conditions, trees, vegetation and
other Environmentally Sensitive Areas, including wetlands and coastal
resources, and habitat protection of rare, endangered or threatened
species and areas of unique natural beauty.
Policy A.1.1.2 The City shall maintain an inventory of lands, which possess significant
environmental features, habitats, and areas of unique interest or beauty.
The potential for development proposals to adversely impact such areas
shall be considered prior to the issuance of development permits.
Policy A.1.1.3 The City shall protect potable water well fields and surface waters from
the adverse impacts of development and shall prohibit the establishment
of incompatible land uses adjacent to potable water wells. Such ·
incompatible land uses shall include all Industrial and manufacturing
uses, but shall also include uses, which have the potential to
contaminate surface water or groundwater resources.
Objective A.1.2
Wetlands, Environmentally Sensitive Areas
and Estuarine Environments
The City shall protect, conserve and enhance the natural functions of existing
wetlands, marsh and estuarine systems, and other Environmentally Sensitive
Areas in order to maintain the quality and function of natural systems and wildlife
habitats.
Note: The terms "wetlands" or interchangeably "natural wetlands" as used within this
Plan shall mean those wetland areas which have been created through natural means or
through restoration or wetland creation projects of government agencies having authority
over these resources, and shall not be construed to include stormwater ponds, or other
manmade drainage facilities, which may be designated as jurisdictional for the purpose of
stormwater management, but which are not natural Wetlands.
Policy A.1.2.1 The City shall protect natural wetlands and other Environmentally
Sensitive Areas, as may be identified by Map A-2 and Map A-4 of the
Future Land Use Map Series or as may be identified by other accepted
environmental survey methodologies, and their functions from the
adverse impacts of development by maintaining the following required
upland buffers between wetlands and adjacent development as set forth
herein and as also implemented through the Land Development
Regulations.
(a) After the effective date of this plan amendment, a minimum natural
vegetative upland buffer of fifty (50) feet shall be required and
maintained between developed areas and the Intracoastal Waterway
AGENDA ITEM #7B
JANUARY 25,2016
2010-2020 COMPREHENSIVE PLAN
(ICW) regardless of any other regulatory agency requirement of a
lesser distance. This requirement shall also apply to the portions of
tributaries, streams, or other water bodies connected to the
Intracoastal Waterway. Such portions of the ICW and these
tributaries, streams, or other water bodies subject to this buffer
requirement shall be established by the presence of a Mean High
Water Line of the adjacent tributary, stream or other water body as
established in accordance with Chapter 177.26, Florida Statutes, and
such Mean High Water Line shall be depicted on all Site Plans,
proposed development plans, and other documents submitted for
review and permitting. The fifty (50) foot upland buffer shall be
measured from the St. Johns River Water Management District or
Florida Department of Environmental Protection Wetland
jurisdictional line.
Determinations of vested rights which may supersede the
requirement for this 50-foot buffer shall be made on a case-by-case
basis in accordance with the Land Development Regulations and
applicable Florida law.
(b) In the case of other natural wetland areas, which may not be directly
connected to Intracoastal related streams or waterways as described
above, but are part of the coastal marsh and estuarine system, a
natural vegetative upland buffer of twenty-five (25) feet shall be
required and maintained between development and adjacent
wetlands. Where required, such buffer shall be measured from the
jurisdictional wetland line as established by the appropriate
regulatory agency.
(c) With the exception of facilities to provide public access for the
recreational use of Intracoastal related natural resources, any buffers
as may be required by preceding paragraphs (a) or (b) shall be
maintained in a natural state with the exception of the clearing of
Understory Vegetation as defined by Chapter 23 of the City's
Municipal Code of Ordinances, and any such clearing shall be
approved by the City and if required, the appropriate State or Federal
agency prior to any form of clearing, alteration or disturbance of a
required buffer.
(d) Where remaining natural wetlands have been damaged or degraded
over time through previous development, storm events, improper
drainage runoff or other adverse activities, but where wetland
vegetation and habitat still are predominant in quantity on a proposed
development site, all plans submitted for review or permitting shall
demonstrate a plan for mitigation, restoration, enhancement or
recovery of jurisdictional wetlands. It is the express intent of the City
that no net loss of jurisdictional wetlands occur through any
AGENDA ITEM #7B
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2010-2020 COMPREHENSIVE PLAN
development action within the City. Any impacted wetlands on a
development site shall be replaced elsewhere on the same site or
elsewhere within the City of Atlantic Beach. The City shall
incorporate appropriation provisions within the Land Development
Regulations to further implement this policy.
Policy A.1.2.2 The City shall protect wetlands and estuarine environments from the
adverse impacts of development and shall prohibit the establishment of
incompatible land uses adjacent to wetlands. Such incompatible land
uses shall include all Industrial uses, but shall also include uses, which
have the potential to disturb, contaminate or degrade wetland functions
or natural systems associated with wetlands and estuaries.
Policy A.1.2.3 The City shall require that, as a condition of development approval, new
construction projects provide effective stormwater management, which
avoids the contamination of Environmentally Sensitive Areas, wetlands,
marsh and estuarine environments in accordance with applicable water
quality standards of the St. Johns River Water Management District, the
City's National Pollutant Discharge Elimination Systems (NPDES) permit
and Stormwater Management Plan and the Land Development
Regulations, as may be amended.
Policy A.1.2.4 The City shall not issue development permits that would significantly
alter wetland communities and functions.
Policy A.1.2.5 New development shall be subject to the stormwater regulations as set
forth within the Land Development Regulations, and post development
conditions shall not discharge any increased level of stormwater run-off
into the City's stormwater system.
Policy A.1.2.6 The City shall enforce all applicable wetland regulations, including those
as set forth within the Conservation and Coastal Management Element
of this Plan, and shall continue to develop and implement
comprehensive strategies to provide for the effective protection of
wetlands, marsh and estuarine systems, and other Environmentally
Sensitive Areas within and adjacent to the City.
Objective A.1.3
Maintaining Residential Character
The City shall encourage future development and redevelopment, which 1) retains
the exceptionally high quality of life and the predominantly residential character of
the City of Atlantic Beach, 2) provides for the preservation and protection of the
dense tree canopy, and 3) which provides for varied and diverse recreational
opportunities, including the preservation, acquisition and development of public
access to the beach, Intracoastal Waterway and other water-related resources, and
AGENDA ITEM #7B
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2010-2020 COMPREHENSIVE PLAN
which provides for and maintains energy efficient land use patterns.
Policy A.1.3.1 Additional commercial or industrial development shall be permitted only
on those lands that are zoned to permit such development as of the
adoption date of this Plan amendment, or following adoption of an
amendment to the Future Land Use Map (FLUM). In considering any
such application for a FLUM amendment, the City shall find that each of
the following conditions are demonstrated by the applicant seeking said
amendment.
(a) There are adequate public facilities available to serve the proposed
development.
(b) The proposed commercial or industrial development shall not have
adverse impacts to surrounding neighborhoods, other properties, the
natural environment, the aesthetic qualities of the City and shall not
impair or degrade scenic natural views.
(c) There is a demonstrated deficiency of commercial or industrial lands
within the City to serve the needs of residents of the City for such
uses.
Policy A.1.3.2 The City shall continue to rigorously enforce its tree protection,
landscaping and buffering regulations, as well as the City's "Adopt-a-
Tree" and right-of-way tree planting program.
Policy A.1.3.3 The City shall continue to manage, preserve and construct facilities that
provide diverse opportunities to all residents for both passive and active
recreation, including parks, nature preserves, trails and bikeways,
skateboard parks and ball fields, dune crossovers, waterway accesses
and associated amenities.
Policy A.1.3.4 The City shall not permit, either through public or private action, public
access ways to the beach, the Intracoastal Waterway, or other
waterways, which are open to the public as of the date of adoption of this
Plan amendment, to be closed, vacated or restricted from public use in
any manner.
Policy A.1.3.5 The City shall continue to expand opportunities and facilities for public
access to the beach, the Intracoastal Waterway, and associated creeks
and marshes for passive and natural resource based recreation
activities, such as hiking and biking, canoeing and kayaking, birding,
fishing and other similar activities that have limited impact on these
resources.
Objective A.1.4
Old Atlantic Beach
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JANUARY 25,2016
2010-2020 COMPREHENSIVE PLAN
Sites, structures, and neighborhoods, which have been identified as having
historic, architectural, archaeological, civic or cultural importance, shall be
protected from damage or destruction, and the preservation of such valuable
resources shall be encouraged by the City.
Policy A.1.4.1 Sites and structures within the City, which are determined to have
historic or archeological significance, and which are found to be worthy
of preservation in accordance with standards established by the Florida
Division of Historical Resources, shall be protected to the extent
possible.
Policy A.1.4.2 The City shall encourage the preservation of significant historic and
archaeological sites through public information programs, incentives and
recognition of the preservation efforts of individuals and organizations.
Policy A.1.4.3 The City shall maintain within its Land Development Regulations
provisions intended to retain the unique community identity, the
architectural character, and the residential scale of that area of the City
known as Old Atlantic Beach.
Objective A.1.5
Sound Development Patterns
The City shall maintain development patterns, which 1) prevent blighting influences
and eliminate non~conforming uses; 2) foster diverse and stable neighborhoods; 3)
protect coastal and environmental resources; 4) provide proper locations for public
facilities and utilities and energy-efficient land use patterns, and 5) which
encourage healthy and aesthetically pleasing living conditions.
Policy A.1.5.1 The City shall review all applications for development permits to
determine compliance with the Land Development Regulations,
particularly with regard to provision of open space, required parking, on-
site traffic flow, appropriate signage, impervious surface area limits,
landscaping and tree protection so as to avoid traffic congestion,
hazardous public safety conditions and inefficient land use, which may
also result in harmful environmental or aesthetic effects.
Policy A.1.5.2 The City shall consider, in conjunction with the issuance of all
development permits within its boundaries, the impacts of development
upon adjacent jurisdictions, regional service entities, regional planning
policies, and hurricane evacuation plans. Further, the City shall
cooperate with such entities to ensure equitable, timely, and coordinated
urban development activities.
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2010-2020 COMPREHENSIVE PLAN
Policy A.1.5.3 The City shall not permit expansion or replacement of land uses in a
manner that is inconsistent with this Comprehensive Plan, as amended.
Policy A.1.5.4 The City shall continue to enforce provisions for landscaping and other
buffering methods as set forth within the Land Development Regulations,
in order to prevent and minimize incompatible land use relationships,
excessive noise transmission, and to provide screening of unattractive
views and to enhance the aesthetic qualities of streets, neighborhoods,
and public areas of the City.
Policy A.1.5.5 Flexible regulatory methods shall be utilized to provide incentives for
achieving environmental enhancement, economical land development
and energy efficient patterns of land use that provide for an appropriate
mix of uses within the City.
Policy A.1.5.6 Commercial and light industrial development shall be located and
designed so as to minimize adverse effects on residential areas, traffic
facilities and the aesthetic character of the City.
Policy A.1.5.7 Public facilities and utilities shall be located and designed to provide the
most cost effective service and to minimize public inconvenience
Policy A.1.5.8 The City shall permit residential development only in compliance with the
residential density limitations as set forth within the Land Development
Regulations, and as designated on the Future Land Use Map in
accordance with the following table.
Table A-1
Residential Land Use Classification and Permitted Density
Residential Land Use Maximum Density Permitted per Acre Classification
Residential -Low Density (RL) Up to six (6) Dwelling Units
Residential-Medium Density (RM) Seven (7) to fourteen (14) Dwelling Units
Residential -High Density (RH) Fifteen (15) to twenty (20) Dwelling Units
Policy A.1.5.9 The City shall permit non-residential development only in compliance
with the following non-residential intensity standards for commercial and
industrial land use classifications as designated on the Future Land Use
Map and in accordance with the following table.
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
Table A-2
Non-Residential Intensity Standards
Classification Floor Area Ratio* Impervious Surface
Area Limit
Commercial .50-.70 Floor Area Ratio 70% maximum
Central Business District .50-.70 Floor Area Ratio 70% maximum
Industrial .25-.70 Floor Area Ratio 70% maximum
Public and Semi-Public .50-.70 Floor Area Ratio 70% maximum
*The Floor Area Ratio is determined by dividing the gross floor area of a building by the size of the
property upon which the building will be constructed.
Policy A.1.5.1 0 The approximately 28 acres of property located within the City of Atlantic
Beach known as the Selva Marina Country Club site, and more
particularly described within File No. CPA-2007-01 and Ordinance No.
31-07-05 is assigned a Residential, Low Density (RL) Future Land Use
Map Designation. The residential development density of this property
shall not exceed 128 Dwelling Units. Proposed changes to increase the
allowed development density of this property shall be subject to the
provisions of Chapter 163, Florida Statutes, regarding large-scale
amendments to the Comprehensive Plan.
Policy A.1.5.11 The portion of the Atlantic Beach Country Club Special Planned
Area (REZ-13-001 00057) that is located in the City of Jacksonville is
the subject of an lnterlocal Service Boundary Agreement between
the City of Atlantic Beach and the City of Jacksonville, which was
signed by both parties on May 11, 2015. The subject property is to
be annexed into the City of Atlantic Beach as compliant with all
applicable Florida Statutes. When annexed, the land is to be
assigned a Residential, Low Density (RL) Future Land Use.
Objective A.1.6
Preservation of Older Neighborhoods
The City shall preserve the sound structural condition and the diverse character of
the built environment of the City and shall encourage development programs and
activities that are directed at infill development as well as the cons~rvation,
redevelopment and re-use of existing structures and the preservation of and re-
investment in older neighborhoods.
Policy A.1.6.1 The City shall continue to implement code enforcement procedures in
order to prevent physical deterioration and blight throughout the City.
Policy A.1.6.2 The City shall encourage and assist in the revitalization of older
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
neighborhoods that provide housing for very low, low and moderate-
income residents, particularly neighborhoods containing sound, but
aging housing stock, where adequate public services and facilities re
existing.
Policy A.1.6.3 The City shall discourage redevelopment practices that displace very
low, low and moderate-income residents.
Objective A.1.7
Coordination with Other Agencies and Adjacent Cities
The City shall coordinate its planning and development activities with the resource
management plans of the St. Johns River Water Management District, the
Department of Environmental Protection, the City of Jacksonville and the City of
Neptune Beach, as well as with other private entities and public agencies, as may
be appropriate.
Policy A.1. 7.1 The City shall develop and adopt regulations and policies, which are
consistent with resource management plans of other government
agencies and any special districts within which the City is located.
Policy A.1.7.2 The City shall not issue local development permits prior to the issuance
of any other required permit from County, State or Federal agencies
having jurisdiction and permitting authority over the proposed
development. Issuance of a required permit from County, State or
Federal agencies shall not be a presumption of any entitlement to a local
Development Permit.
Objective A.1.8
Post-Disaster Redevelopment
The City shall encourage innovative land development approaches and concepts in
the event of post-disaster redevelopment, which will have the effect of reducing
dependence upon automobile travel, conserving valuable natural resources and
Environmentally Sensitive Areas, and preventing property damage as well as
threats to human safety and security.
Policy A.1.8.1 Opportunities for encouraging the use of innovative land development
practices shall be provided within the Land Development Regulations.
Policy A.1.8.2 The City shall continue to be a participating agency in the Duval County
Local Mitigation Strategy (LMS) and shall continue to implement the
goals and objectives of the LMS.
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201 0~2020 COMPREHENSIVE PLAN
Policy A.1.8.3 The City shall identify the Coastal High Hazard Area as the area below
the Category 1 storm surge line as established by the Sea, Lake and
Overland Surges from Hurricane (SLOSH) computerized storm surge
model as mapped in the Storm Tide Atlas prepared by the Northeast
Florida Regional Council as part of the latest Regional Hurricane
Evacuation Study pursuant to Chapter 163, Florida Statutes.
Policy A.1.8.4 Within residential development areas, that are within the Coastal High
Hazard Area, as depicted by the Coastal High Hazard Area map,
adopted as Map A-3 of the Future Land Use Map Series and made part
of this Plan amendment, the City shall not approve Plan or Map
amendments that increase residential densities.
Policy A.1.8.5 The City shall not approve changes to Zoning District classifications or
amendments to the Future Land Use Map that would have the effect of
increasing populations with special hurricane evacuation needs, as
described within Chapter 252.355, Florida Statutes.
Objective A.1.9
Public Services and Facilities
The City shall coordinate future land development and redevelopment with the
availability of public services and facilities so as to avoid deficient levels of service
as established within this amended Plan.
Policy A.1.9.1 Development permits issued by the City shall be conditioned upon the
availability of facilities and services necessary to serve the proposed
development, and facilities and services shall be authorized at same
time said development is approved. Facilities and services shall meet
the established levels of service as adopted in this amended
Comprehensive Plan and shall be available concurrent with the impacts
of development, or an alternative means of meeting concurrency
requirements shall be provided in accordance with standards set forth
within Chapter 9J-5, Florida Administrative Code.
Policy A.1.9.2 The City shall amend its Land Development Regulations as appropriate
to effectively implement the land use classifications as adopted on the
Future Land Use Map and as required to meet the Objectives and
Policies set forth within this amended Plan.
Objective A.1.1 0
Surrounding Land Uses
The City shall continue to maintain a development character, which is compact in
form, orderly in its land use pattern, and diversified in its makeup so as to ensure
employment opportunities, affordable housing, a pleasant living environment, and
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
cost-effective and energy efficient public services.
Policy A.1.10.1 The City shall undertake land annexation only when it can demonstrate
an ability to provide services and facilities in a manner that maintains the
level of service standards as set forth within this Plan amendment and
only when such annexation contributes to the orderly growth and
development of the region within which the City is situated.
Policy A.1.1 0.2 Those areas of the City, which are designated as Development Areas,
are substantially developed as of the adoption date of this Plan
amendment with no opportunity for sprawl development as defined by
Rule 9J-5.006(5) F.A.C. The City shall not, however, approve
amendments to the Future Land Use Map that would convert areas
designated as Conservation to Development Areas where adverse
impacts to wetland and estuarine systems would result from
development activities. Adverse impacts shall be presumed to result
from activities, which contaminate, diminish the quantity or degrade
wetlands and Environmentally Sensitive Areas, or natural functions and
systems associated with such areas.
Policy A.1.1 0.3 The City shall encourage the clustering of uses in locations where
infrastructure facilities are available or where extensions and
enlargements can be achieved efficiently, particularly with respect to
commercial infill development along the Mayport Road corridor.
Policy A.1.1 0.4 The City shall actively support the appropriate redevelopment and infill
development of the Mayport Road corridor. Retail and service uses _that
sustain neighborhoods, and encourage a more aesthetically pleasing
and pedestrian friendly environment shall be encouraged. New
development along Mayport Road shall be in compliance with the
Commercial Corridor Development Standards as set forth within the
Land Development Regulations.
Policy A.1.1 0.5 Along the Mayport Road corridor, the continuation and proliferation of
light industrial uses, automotive sales and repair businesses and other
more intensive commercial business activities shall be discouraged in
favor of those businesses and uses that provide neighborhood serving
retail products and services that generate daily activity and interaction
between residents of the surrounding neighborhoods such as banks,
drugstores, restaurants, churches, child care centers, grocery stores and
similar businesses and uses.
Objective A.1.11
Appropriate Land Use Patterns
The City shall provide for land use, development and redevelopment in an efficient
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
manner, which supports the land use designations as set forth within the 2010-2020
Future Land Use Map; which enforces the residential densities and the limitations
upon the type and intensity of uses, and which results in development appropriate
to the sensitive coastal location of the City, particularly with respect to the
predominantly residential character and small-town scale of the City.
Policy A.1.11.1 The lands use categories, as depicted upon the 2010-2020 Future Land
Use Map (FLUM), which is Map A-1 of the Future Land Use Map Series,
shall permit the following uses and activities.
(a) Conservation -Conservation lands shall include those lands so
designated on the FLUM. These areas are generally composed of open
land, water, marsh and wetlands and Environmentally Sensitive Areas.
Conservation lands may be either publicly or privately owned. It is
intended that the natural and open character of these areas be retained
and that adverse impacts, which may result from development, shall be
prohibited or minimized. Adverse impacts shall be presumed to result
from activities, which contaminate or degrade wetlands and
Environmentally Sensitive Areas, or natural functions and systems
associated with such areas.
Permitted uses within the Conservation category shall be limited to the
following and shall be further controlled by the Land Development
Regulations.
o Activities intended for the conservation, re-establishment and re-
nourishment, or protection of natural resources.
"' Recreation uses and facilities that are customarily described as
passive in nature including, but not limited to, fishing, hiking and
biking, canoeing, kayaking, and the use of other similar small, quiet
low-speed watercraft.
e Very low intensity outdoor or water-dependent recreational related
uses (excluding commercial marinas) that are determined not to be in
conflict with the intent of the Conservation category, subject to
applicable Federal, State and local policies and permitting
requirements.
(b) Commercial-The Commercial land use category is intended to provide
appropriate locations for neighborhood and community businesses
providing services and retail sales for the City and the closely
surrounding communities. Government, civic, religious, cultural and
institutional uses, may also be located within this category. Permitted
uses within the Commercial category, along with uses that may be
allowed by special exception, shall be limited to the following and as
more specifically described within the Land Development Regulations
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
and when located within the respective Zoning District classifications,
which are intended to provide a decreasing level of use intensity due to
proximity to residential uses.
" General Commercial. These areas shall include those businesses
that provide retail goods and services, which serve the routine and
daily needs of residents, including banks and professional services,
grocery and convenience stores, restaurants, accredited public and
private schools and child care, but not including manufacturing,
warehousing, storage or high intensity commercial activities of a
regional nature, or uses that have the potential for negative impact to
surrounding properties due to excessive noise, light or extremely late
hours of operation. Residential uses, not exceeding the Medium
Density category shall also be permitted, when in conjunction with, or
adjacent to commercial development and redevelopment, provided
that such residential development shall not be permitted within the
Coastal High Hazard Area.
e Limited Commercial. These areas shall include low intensity office,
service and retail businesses that are compatible when located in
close proximity to neighborhoods. These uses are intended primarily
to serve the needs of the closely surrounding neighborhood. Large-
scale discount super-centers or "Big-Box" retailers or similar intense
commercial uses intended to serve a regional market are not
permitted within the Limited Commercial category.
• Professional and Office. These areas shall be limited to small
neighborhood scale businesses and professional offices that are
compatible with, and have no measurable or noticeable adverse
impacts, upon surrounding residential uses. Such uses include
offices for doctors and dentists (but not clinics or hospitals),
accountants, architects, attorneys, engineers, land surveyors, real
estate brokers, financial planners, insurance and real estate agents
and the like.
{c) Central Business District -This area contains a well-established
pattern and character of development, and permitted uses include retail,
office, restaurant, and certain entertainment uses, which contribute to
the commercial, civic and cultural vitality of the City as illustrated within
the Atlantic Beach Town Center area. The Central Business District is
an economic, cultural, historic and architectural anchor of the City. In
order to sustain these qualities, new development and redevelopment
within the Central Business District shall be reflective of the architectural
styles and fabric of the area. Consistency and compatibility with the
existing built environment shall be considered in the review and issuance
of Development Permits within the Central Business District.
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2010-2020 COMPREHENSIVE PLAN
(d) Light Industrial -The Light Industrial category shall be limited to light
manufacturing and production, storage, warehousing and distribution
uses as further controlled by the Land Development Regulations. Light
industrial uses may have outdoor storage and business related activity,
but such uses shall not include processes that create negative effects to
surrounding properties due to noise, heat, fumes, debris, chemicals or
hazardous materials.
\
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2010-2020 COMPREHENSIVE PLAN
(e) Public and Semi-Public-These areas include uses such as accredited
public and private schools, government uses, buildings, structures,
utilities and public services and infrastructure, including police, fire and
emergency services.
(f) Recreation and Open Space-These areas include public and private
parks, open space, passive and active recreation areas. Note: Some
park and open space lands may be more appropriately designated as
Conservation, such as the public lands on the western marsh front. All
beach areas that are seaward of private property lines shall be
considered as Recreation. Permitted uses shall include active and
passive recreation activities including bikeways and pedestrian trails,
skateboard parks, ball fields, tennis courts and the like. Public safety
uses, including lifeguards, fire, and police services may be located in
Recreation areas. The use and development of Recreation areas shall
be further controlled by the Municipal Code for the City of Atlantic Beach
and the Land Development Regulations.
(g) Residential -Residential uses shall be permitted in those areas so
designated in accordance with the applicable permitted density and as
further controlled by the Land Development Regulations and the Florida
Building Code.
(h) Electric Distribution Substations -New electric distribution
substations shall be a permitted use in all land use categories within a
utility's service territory except those designated as preservation,
conservation, or historic preservation on the future land use map or by
duly adopted ordinance. The standards as set forth in Section 163.3208,
Florida Statutes shall apply.
(i) Public Schools-Public schools shall be a permitted use in all land use
categories except for lands designated as Conservation and lands
located within the Coastal High Hazard Area.
Policy A.1.11.2 The Future Land Use Map and all Maps included within the 2010-2020
Comprehensive Plan Map Series are adopted herewith as part of this
Plan amendment. In the event of any conflict between any Maps and
the text of the Plan, the text of the Plan shall control.
Policy A.1.11.3 The City's Zoning, Subdivision and Land Development Regulations,
zoning or other maps, and any regulations within the City's Code of
Ordinances related to the use and development of land shall be
subordinate to the Comprehensive Plan and the Future Land Use Map,
which is part thereof.
Policy A.1.11.4 Where interpretation is required to determine exact boundaries as
depicted upon the Future Land Use Map, boundaries shall be
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
determined by the nearest property line, the right-of-way line of Streets,
municipal boundaries, section, township and range lines, or
environmental or geographic features which serve as natural
boundaries, as may be appropriate.
Objective A.1.12
Public Schools and School Planning
Any new public schools within the City shall be located in accordance the
Comprehensive Plan and with the procedures set forth within the lnterlocal
Agreement for Public School Facility Planning, adopted pursuant to Section
163.3177, Florida Statutes, between the Duval County School Board, the City of
Atlantic Beach, the City of Jacksonville, the City of Neptune Beach, the City of
Jacksonville Beach and the Town of Baldwin and in accordance with Public School
Facilities Element of this Plan.
Policy A.1.12.1 The City shall maintain its shared use agreements with the single public
school within the City (Atlantic Beach Elementary) and shall continue to
encourage the shared use of public facilities.
Policy A.1.12.2 The City shall coordinate with the Duval County School Board and the
Navy to advocate for the retention of elementary and middle schools
which serve this community, particularly Navy personnel and their
families where these schools serve the particular and special needs of
the military community.
Objective A.1.13
Amendments to the Comprehensive Plan and
Provisions for Public Participation in the Planning Process
The City shall have the authority to amend the adopted Comprehensive Plan in
accordance with the process established within Chapter 163.3184, Florida Statutes
and shall, establish procedures to provide for the review and amendment of the
Comprehensive Plan.
Policy A.1.13.1 As required by Chapter 163, Florida Statutes, the City shall prepare and
adopt an Evaluation and Appraisal Report (EAR) in accordance with the
schedules and procedures as established by the State land planning
agency.
Policy A.1.13.2 The City shall provide for the public notification, review and the public
participation in all amendments to the Comprehensive Plan and also in
the preparation and adoption of the Evaluation and Appraisal Report.
Policy A.1.13.3 The City shall not support amendments to the Future Land Use Map or
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
the Plan, which would authorize development within Conservation and
Environmentally Sensitive Areas that may be reasonably foreseen to
have adverse impacts to such areas unless such impacts are mitigated
with equal resource replacement within the City.
Policy A.1.13.4 Applications to amend the Comprehensive Plan shall be reviewed and
evaluated based upon the following factors:
(a) consistency with the Goals, Objectives and Policies of this Plan;
(b) consistency with the State Comprehensive Plan and the Northeast
Florida Strategic Regional Policy Plan;
(c) consistency with other adopted policies and plans of the City, the
County, the State or other agencies having regulatory authority over
the City;
(d) the potential for adverse impacts to Environmentally Sensitive Areas,
the natural environment or the aesthetic quality of the City, or
(d) the potential to cause deficiencies in adopted levels of service or to
adversely impact available water supplies, public facilities,
infrastructure and services.
Objective A.1.14
Energy Efficiency and Energy Conservation
The City shall encourage the development and use of renewable energy resources
in order to conserve and protect the value of land, buildings, and resources, and to
promote the good health of the City's residents.
Policy A.1.14.1 The City shall maintain an energy efficient land use pattern and shall
continue to promote the use of transit and alternative methods of
transportation that decrease reliance on the automobile.
Policy A.1.14.2 The City shall continue to encourage and develop the "walk-ability and
bike-ability" of the City as a means to promote the physical health of the
City's residents, access to recreational and natural resources, and as a
means to reduce greenhouse gas emissions.
Policy A.1.14.3 The City shall develop and implement an energy management plan to
minimize electric, fuel and water resources in City buildings, fleet
vehicles and on public properties.
Policy A.1.14.4 No action of the City shall prohibit or have the effect of prohibiting solar
collectors, or other energy devices based on renewable resources from
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
being installed on a building and as further set forth within Section
163.04, Florida Statutes.
Policy A.1.14.5 Public buildings and facilities shall be constructed, and adapted where
reasonably feasible to incorporate energy efficient designs and
appropriate "green" building standards. Green Building standards that
should be observed are contained in the Green Commercial Buildings
Designation Standard, Version 1.0, published by the Florida Green
Building Coalition, Inc.
Policy A.1.14.6 The City shall continue to promote and enforce energy efficient design
and construction standards as these become adopted as part of the
State Building Codes. The City shall also promote commercial and
residential standards that are promulgated from time to time by the
Florida Green Building Coalition, Inc.
Objective A.1.15
Military Compatibility and Coordination
with Naval Station Mayport
The Florida Legislature finds that incompatible development of land close to
military installations can adversely affect the ability of such an installation to carry
out its mission; that such development also threatens the public safety because of
possibility of accidents occurring within the areas surrounding the military
installation; that the economic vitality of a community is affected when military
operations and missions must relocate because of incompatible urban
encroachment; and that it is desirable for local governments to cooperate with
military installations to encourage compatible land use, help prevent incompatible
encroachment, and facilitate the continued presence of major military installations.
The City of Atlantic Beach, as a municipality in close proximity and with strong
cultural and economic ties to Naval Station Mayport, shall cooperate with the
military installation, shall coordinate on land use decisions that may affect the
mission of the military installation, and shall support development practices that
are compatible with the land uses of the military installation.
Policy A.1.15.1 The City of Atlantic Beach shall transmit to the Commanding Officer,
Naval Station Mayport, or his or her designee, information relating to
proposed changes to comprehensive plans, plan amendments, and
proposed changes to land development regulations, which, if approved,
would affect the intensity, density, or use of land in close proximity to the
military installation. At the request of the Commanding Officer, the City
of Atlantic Beach shall also transmit copies of applications for
development orders requesting a variance or waiver from height or
lighting restrictions or noise attenuation reduction requirements within ·
areas defined as being in a zone of influence of the military installation,
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
as defined in Map A-6, Military Influence Zone, of the 2020
Comprehensive Plan Map Series. The Commanding Officer shall be
afforded adequate opportunity to review and comment on the proposed
changes prior to final action.
Policy A.1.15.2 The Commanding Officer, Naval Station Mayport, or his or her designee,
may provide advisory comments to the City of Atlantic Beach on the
impact of such proposed changes may have on the mission of the
military installation. Such advisory comments shall be based on
appropriate data and analysis provided with the comments and may
include:
(a) Whether such proposed changes will be compatible with the safety
and noise standards contained in the Air Installation Compatible Use
Zone (AICUZ) adopted by Naval Station Mayport for the on-premise
airfield; and
(b) Whether the military installation's mission will be adversely affected
by the proposed actions of the City of Atlantic Beach.
The Commanding Officer's comments, underlying studies, and reports
shall be considered by the City of Atlantic Beach in the same manner as
the comments received from other reviewing agencies pursuant to
§163.3184, Florida Statutes.
Policy A.1.15.3 The City of Atlantic Beach shall take into consideration any comments
and accompanying data and analysis provided by the Commanding
Officer or his or her designee, as they relate to the strategic mission of
the base, public safety, and the economic vitality associated with the
base's operations, while also respecting private property rights and not
being unduly restrictive on those rights. To this end, the City shall
promote development strategies that discourage incompatibility and
provide alternative means to preserve development rights, including the
following:
(a) In instances where these policies result in limitations on the ability of
the landowner to utilize their land pursuant to its current land use and
zoning designation, the City shall support land use map amendments
and rezoning to compatible uses.
(b) In instances where nonresidential uses that are consistent with
current land use and zoning designation, but incompatible with
military influence zones, are discontinued for a period of twelve
consecutive months or more, the City shall not allow those
nonresidential uses to be restarted under the land development
regulations.
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
(c) In instances where land within the military influence zone is proposed
for development, the City shall require techniques such as Planned
Unit Development or Special Planned Area zoning to cluster
development away from accident potential zones.
The City shall forward a copy of any comments regarding
comprehensive plan amendments to the state planning agency.
Policy A.1.15.4 The City of Atlantic Beach, in order to facilitate the exchange of
information and foster close coordination and communication, shall
maintain a representative appointed by the Commanding Officer, Naval
Station Mayport, as an ex officio, nonvoting member of the City's local
planning agency. The designated military representative shall be notified
of all meetings and provided copies of all agenda packets.
Policy A.1.15.5 The City of Atlantic Beach shall coordinate grant writing and
management efforts with Naval Station Mayport, and the Commanding
Officer is encouraged to provide information about any community
planning assistance grants that may be available to the City through
programs such as those of the Federal Office of Economic Adjustment
as incentive to participate in a joint planning process that would further
facilitate the compatibility of community planning and the activities and
mission of Naval Station Mayport.
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
G. Intergovernmental Coordination Element
Goals, Objectives and Policies
Goal G.1
The City shall coordinate and cooperate with adjacent jurisdictions, other public and
governmental agencies to ensure: 1} the equitable and reasonable sharing of
authority, responsibility and resources in the provision of services, education and
housing, 2} the provision for effective development review and permitting, and 3) the
effective representation on behalf of the City in decisions related to future growth
management, planning and funding resources.
Obiective G.1.1
Maintaining Consistency with
Comprehensive Plans and lnterlocal Agreements
As a means of achieving effective intergovernmental coordination and consistency in
planning for the future of the City and the surrounding region, copies of proposed
amendments to the adopted Comprehensive Plan shall be provided to adjacent local
governments and government agencies, which provide services within the City, but
which may not have regulatory authority within the City.
Policy G.1.1.1 The City shall forward copies of proposed Comprehensive Plan
amendments to adjacent local governments, the Duval County School
Board, the Northeast Florida Regional Council, the St. Johns River
Water Management District, the Florida Department of Environmental
Protection, the Florida Department of Transportation and the Florida
Department of Community Affairs, any special service districts as required
in Section 163.3187, Florida Statutes for comment prior to legislative
adoption in order that the impacts of development as proposed in the Plan
amendment are coordinated with development throughout the region and
the State.
Policy G.1.1.2 The City shall continue to coordinate with the City of Neptune Beach, the
City of Jacksonville Beach and the City of Jacksonville related to utility and
infrastructure issues.
Policy G.1.1.3 The City shall continue to monitor and ensure consistency with the
provisions as set forth in the lnterlocal Coordination Agreement between
the City of Atlantic Beach and the City of Jacksonville related to shared
infrastructure and utility services and annexation in accordance with the
detailed and specific provisions as set forth within the restated 1995
lnterlocal Agreement.
2010 EAR Based Amendment
Adopted March 22, 201 0
G-2 Intergovernmental Coordination Element GOPS
by Ordinance Number 31-10-09
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
Policy G.1.1.4 The City shall continue to coordinate with the Cities of Jacksonville,
Neptune Beach and Jacksonville Beach for the purpose of developing
coordinated land use planning and unified development policies.
Policy G.1.1.5 The City shall enter into and maintain lnterlocal Agreements as necessary
to provide efficient and effective services.
Policy G.1.1.6 The City shall continue coordination with the following entities and agencies
for the purposes as indicated:
(a) Other local governments and agencies within the Duval County
Evacuation Network, including the Emergency Preparedness Division
of the Duval County Fire and Rescue Department and the Florida
Department of Transportation for the purpose of improving hurricane
evacuation routes and reducing evacuation time.
(b) The State of Florida, Duval County, other local governments and the
Naval Station Mayport for the purpose of post-disaster redevelopment
planning, land use and transportation planning, resource conservation
· (including potable water), provision of shared recreation facilities and
coastal and beach access facility development.
(c) The North Florida Transportation Planning Organization related to
transportation improvements needed to maintain or exceed adopted
Level of Service standards.
(d) The St. Johns River Water Management District and the Florida
Department of Environmental Protection related to coordination of land
use and water supply planning, verification of adequate water supply
to meet demands through the planning period and development review
and permitting responsibilities and procedures.
(e) The Duval County Health Department related to the coordination of
proper education and procedures to improve and maintain a healthy
environment within the City.
(f) The law enforcement agencies of surrounding local governments, as
well as State and Federal law enforcement agencies to achieve
compatibility of communication equipment and coordination of services.
(g) The Jacksonville Transportation Authority to support the development of
transportation routes to serve Naval Station Mayport and surrounding
beach communities.
(h) The Duval County Environmental Quality Division to ensure provision for
timely planning and development of solid waste and storm debris
disposal facilities to effectively serve the needs of all communities within
the County.
201 0 EAR Based Amendment
Adopted March 22, 201 0
G-3 Intergovernmental Coordination Element GOPS
by Ordinance Number 31-10-09
AGENDA ITEM #78
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
(i) The DCPS and the Duval County School Board to ensure that population
projections and proposed educational facility site plans and off-site
impacts are consistent with the 2010-2020 Comprehensive Plan, as set
forth in the Public Schools Facilities Element of this Plan, the Land
Development Regulations and in support of following Policy G.1.4.4.
Policy G.1.1.7 The City shall continue its involvement in the North Florida Transportation
Planning Organization and shall maintain representation on the Technical
Coordinating Committee as appropriate and necessary.
Policy G.1.1.8 The City shall in coordination with the Northeast Florida Regional Council
utilize the dispute resolution process established by Section 186.509,
Florida Statutes to reconcile differences on planning and growth
management issues between local governments, regional agencies, and
private interests.
Policy G.1.1.9 The City shall coordinate with the City of Jacksonville for the provision of
services of the portion of the Atlantic Beach Country Club Special Planned
Area (REZ-13-00100057) that is located in the City of Jacksonville and is the
subject of an lnterlocal Service Boundary Agreement between the City of
Atlantic Beach and the City of Jacksonville, which was signed by both parties
on May 11, 2015. The subject property is to be annexed into the City of Atlantic
Beach as compliant with all applicable Florida Statutes.
Obiective G.1.2
Coordination of the Management and
Protection of Natural Resources
The City shall continue to coordinate with all adjacent local governments and relevant
agencies in implementing protection of the beach and shoreline and in protecting the
potable water supply from saltwater intrusion.
Policy G.1.2.1 The City shall coordinate with all jurisdictional agencies and adjacent
local governments in developing and implementing programs aimed at
effective management of the beaches and shorelines as well as other cross-
jurisdictional water bodies.
Policy G.1.2.2 The City shall coordinate with Duval County and the Army Corps of
Engineers (ACOE) to strongly advocate a continuing program of beach re-
nourishment.
Policy G.1.2.3 The City shall coordinate with the St. Johns River Water Management
District to identify potential areas where saltwater intrusion may degrade
potable water resources.
2010 EAR Based Amendment
Adopted March 22, 2010
G-4 Intergovernmental Coordination Element GOPS
by Ordinance Number 31-10-09
Objective G.1.3
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
Coordination of Levels of Service for Public Facilities
The City shall coordinate planning and land development activities with adjacent
local governments so as to ensure that the impacts of new development shall not
preclude the attainment of adopted Level of Service standards; impair sound
environmental management practices; create land use conflicts, or in any respect
contribute to inconsistent and incompatible urban development patterns.
Policy G.1.3.1 The City shall advise adjacent local governments of proposed development
and re-development activities, which might reasonably be foreseen to
reduce facility service standards and shall review such projects from the
standpoint of conformity with the Comprehensive Plan of adjacent local
governments, particularly near jurisdictional boundary lines.
Policy G.1.3.2 The City shall coordinate with affected jurisdictions and agencies, including
FOOT, regarding mitigation to impacted transportation facilities not under
the jurisdiction of the City. lnterlocal Agreements with other jurisdictions
may be utilized for this purpose.
Policy G.1.3.3 In order to reflect the shared responsibilities for managing development and
concurrency, the City may enter into agreement with one or more adjacent
local governments in order to address cross-jurisdictional impacts of
development on regional transportation facilities.
Obiective G.1.4
Coordination with the Duval County School Board
In accordance with the adopted lnterlocal Agreement for, Public School Facilities
Planning; as may be amended pursuant to Chapter 163.31777, Florida Statutes, the
City shall consult with the Duval County School Board and Duval County Public
Schools (DCPS) prior to implementing projects or plans that might impact the use of
school facilities related to shared facilities, access, surrounding environment, housing
patterns, alteration of public services and general development policies of the City.
Policy G.1.4.1 The City shall notify the Duval County Public Schools of projects or
plans under consideration, which might affect the operation of school
facilities at least thirty (30) days prior to taking formal action thereon.
Policy G.1.4.2 The City shall request that the Duval County Public Schools advise the
City of proposed alteration, construction, or other plans under consideration
so that the City may be advised and provided an opportunity to discuss the
potential effects of such action upon the City.
Policy G.1.4.3 The City shall maintain, as a non-voting representative to be appointed by
the Duval County School Board, a seat on its Local Planning Agency (LPA),
201 0 EAR Based Amendment
Adopted March 22, 201 0
G-5 Intergovernmental Coordination Element GOPS
by Ordinance Number 31-10-09
AGENDA ITEM #7B
JANUARY 25, 2016
2010-2020 COMPREHENSIVE PLAN
who shall be noticed, provided an agenda, and invited to attend LPA
meetings and provide comments related to land use amendments and
rezoning proposals that may affect student enrollment projections or
school facilities.
Policy G.1.4.4 The City shall participate in joint planning processes and procedures for the
coordination of public education facilities intended to facilitate coordination of
DCPS plans with the plans of the City. On an ongoing basis, the City in
cooperation with the DCPS and the other Duval County local
governments, shall review existing mechanisms, each City's comprehensive
plan, the lnterlocal Agreement for Public School Facilities Planning and
other City and DCPS programs and their effects on the plans developed for
providing public schools.
Obiective G.1.5
Affordable Housing
The City may enter into lnterlocal Agreements with adjacent municipalities in order to
facilitate coordination in addressing affordable housing needs.
Policy G.1.5.1 The City shall enter into lnterlocal Agreements with adjacent governments,
as determined to be necessary and appropriate, to address the City's very
low, low and moderate-income affordable housing needs in response to:
(a) Market driven limitations, where meeting the needs for very low, low and
moderate income affordable housing is not economically feasible
due to exceptionally high property values related to the City's coastal
location, or
(b) Where meeting affordable housing needs for very low, low and
moderate income residents is not feasible due to limitations of residential
density within the Coastal High Hazard Area.
(c) The City shall continue to coordinate with the Navy and the City of
Jacksonville to implement strategies that support reinvestment and
revitalization of older neighborhoods along the Mayport Road Corridor
that provide low and moderate income housing and which serve to assist
housing needs of Naval Station Mayport personnel.
201 0 EAR Based Amendment
Adopted March 22, 201 0
G-6 Intergovernmental Coordination Element GOPS
by Ordinance Number 31-10-09
ORDINANCE 90-16-224
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
DUVAL COUNTY, FLORIDA, DESIGNATING ANNEXED
PROPERTY WITH ZONING OF A SPECIAL PLANNED
AREA (SPA) AS PERMITTED BY THE CODE OF
ORDINANCES; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE AND RECORDING.
AGENDA ITEM #7C
JANUARY 25, 2016
WHEREAS, the City of Jacksonville and the City of Atlantic Beach entered into an
Interlocal Agreement on July 31, 2013, specific to a Special Planned Area (REZ 13-001-00057)
for the Atlantic Beach Country Club; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, found
previously the application for a Special Planned Area (SPA) (REZ 13-001-00057) would provide
for orderly growth; encourage the appropriate use of land; protect and improve the health, safety,
comfort, good order, appearance, and general welfare of the public and serve to continue
consistency with the Comprehensive Plan; and
WHEREAS, the City of Jacksonville and the City of Atlantic Beach agreed certain land
is logical for annexation and on May 11, 2015, entered into an Interlocal Service Boundary
Agreement to facilitate said annexation, and to address the provision of services and
infrastructure to said land (See Duval County Official Records Book 17162, Page 885; and City
of Atlantic Beach Ordinance 12-15-4); and
WHEREAS, the City of Atlantic Beach and the City of Jacksonville have complied with
the procedural requirements contained in Chapter 171, Part II, Florida Statutes; and
WHEREAS, the proposal for annexation, amendments to the comprehensive plan and
zoning changes were transmitted to the Florida Department of Economic Opportunity (DEO)
who identified no comment related to important state resources and facilities within the DEO's
authorized scope of review; and
Ordinance 90-16-224
Page 1 of5
AGENDA ITEM #7C
JANUARY 25, 2016
WHEREAS, following annexation, the City of Atlantic Beach desires to designate
zoning for the portion of the Atlantic Beach Country Club which is specifically set forth in this
ordinance; and
WHEREAS, a duly advertised public hearing was conducted on Tuesday, September 15,
2015, after 6:00P.M. by the Atlantic Beach Community Development Board (CDB), acting as
the Local Planning Agency; and the CDB provided its recommendation to the City Commission
of the City of Atlantic Beach, Florida; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida considered the
recommendation(s) of the CDB at a duly advertised public hearing held on Monday, September
28, 2015, and Monday, October 26, 2015, after 6:00 P.M. and approved the proposed
comprehensive plan and zoning changes required for annexation;
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. Adoption and Incorporation of Recitals. The City Commission of the City of
Atlantic Beach, Florida hereby adopts the above recitals and incorporates them herein as a part of
this ordinance.
Section 2. Property Description. The following real property, a portion of the Atlantic
Beach Country Club, is specifically described as:
THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF
GOVERNMENT LOTS 7, 8, 9, 10, 15 AND 16, OF SECTION 8, ALL IN
TOWNSHIP 2 SOUTH, RANGE 29 EAST, DONNER'S REPLAT AS
RECORDED IN PLAT BOOK 19, PAGES 16 AND 16A OF THE PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE FERRER GRANT,
SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH
06°45'00" WEST, 2073.94 FEET TO THE LINE DIVIDING SAID SECTION 8
AND SECTION 17 FOR A POINT OF BEGINNING; THENCE SOUTH
89°28'50" WEST, ALONG SAID SECTION LINE, 764.29 FEET TO THE
SOUTHWEST CORNER OF THE EAST (1/2) OF GOVERNMENT LOT 15 OF
SAID SECTION 8; THENCE NORTH 00°31' 1 0" WEST, ALONG THE
Ordinance 90-16-224
Page 2 of5
AGENDA ITEM #7C
JANUARY 25, 2016
WESTERLY BOUNDARY LINE OF SAID EAST (1/2) OF GOVERNMENT
LOT 15, 1324.81 FEET TO THE SOUTHERLY BOUNDARY OF
GOVERNMENT LOT 10 OF SAID SECTION 8; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID LOT 10, SOUTH 89°03'10" WEST,
355.77 FEET TO THE SOUTHEAST CORNER OF FAIRWAY VILLA AS
RECORDED IN PLAT BOOK 39, PAGE 22 OF SAID PUBLIC RECORDS;
THENCE NORTH 01°23'15" WEST, ALONG THE EASTERLY LINE OF
SAID FAIRWAY VILLA, 1875.00 FEET; THENCE NORTH 88°36'45" EAST,
470.00 FEET; THENCE NORTH 51°45'15" EAST, 404.23 FEET TO THE
MOST WESTERLY CORNER OF SEVILLA GARDENS UNIT 2, AS
RECORDED IN PLAT BOOK 45, PAGE 7 OF SAID PUBLIC RECORDS;
THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID SEVILLA GARDENS UNIT 2 AND A SOUTHEASTERLY
PROLONGATION THEREOF, ALONG THE ARC OF A CURVE THAT IS
CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET,
A DISTANCE OF 1088.60 FEET AS MEASURED ALONG A CHORD
BEARING SOUTH 47°06'35" EAST, THENCE NORTH 59°36'55" EAST,
90.85 FEET; THENCE SOUTH 30°27'05" EAST, 187.60 FEET; THENCE
ALONG A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A
RADIUS OF 4069.72 FEET, A DISTANCE OF 118.00 FEET, AS MEASURED
ALONG A CHORD BEARING SOUTH 58°35'55" EAST; THENCE SOUTH
12'22'05" EAST, A DISTANCE OF 46.00 FEET, MORE OR LESS, TO AN
INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE
DITCH AND/OR CANAL; THENCE SOUTHERLY ALONG THE
WESTERLY SHORELINE OF SAID DRAINAGE DITCH AND/OR CANAL,
2026.00 FEET MORE OR LESS TO A POINT, SAID POINT BEING ON A
WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1, BLOCK 9,
SELVA MARINA UNIT 5, AS RECORDED IN PLAT BOOK 30, PAGES 29
AND 29A OF SAID PUBLIC RECORDS; THENCE NORTH 78°03'10" EAST,
32.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
SOUTH 14°44'41" WEST ALONG THE EASTERLY CITY LIMITS LINE OF
THE CITY OF JACKSONVILLE, 521.37 FEET TO AN INTERSECTION
WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17; THENCE
SOUTH 89°28'50" WEST, ALONG SAID SECTION LINE, 1028.42 FEET TO
THE POINT OF BEGINNING.
Section 3. Zoning Designated. The prior application of Atlantic Beach Partners, LLC, as
indicated in file number REZ 13-001-00057, along with supporting documentation for the
Special Planned Area submitted to the City of Atlantic Beach, Florida, and incorporated as part
of this ordinance, is continued and the zoning classification shall be a Special Planned Area
(SPA). (See the Exhibit A, which is attached hereto and incorporated herein by reference).
Ordinance 90-16-224
Page 3 of5
AGENDA ITEM #7C
JANUARY 25, 2016
Section 4. Conflict. In the event of any conflict between this ordinance and the prior
approval of the City Commission of the City of Atlantic Beach, the provisions of the prior
approval and related terms and conditions shall prevail. To the extent they do not conflict
with the unique specific provisions of this Special Planned Area, all provisions of the Land
Development Regulations, as such may be amended from time to time, shall be applicable to
this development; except that modifications to this Special Planned Area by variance or special
use shall be prohibited except as allowed by the Land Development Regulations, and except to
the degree that the development may qualify for vested rights in accordance with applicable
ordinances and laws. Notwithstanding any provision of this ordinance, no portion of any
Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land
Development Regulations shall be deemed waived or varied by any provision herein.
Section 5. 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 6. Effective Date and Recording. This Ordinance shall take effect immediately
upon its final passage and adoption and shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida.
Ordinance 90-16-224
Page 4 of5
AGENDA ITEM #7C
JANUARY 25, 2016
PASS ED with a quorum present and voting, by the City Commission of the City of
Atlantic Beach, Florida, in regular session, on first reading this 11th day of January 2016.
PASSED AND DULY ADOPTED with a quorum present and voting, by the City
Commission of the City of Atlantic Beach, Florida, in regular session, this 25th day of January
2016.
ATTEST:
DONNA L. BARTLE
City Clerk
CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA
MITCHELL E. REEVES
Mayor
Approved as to form and correctness:
RICHARD KOMANDO
City Attorney
Ordinance 90-16-224
Page 5 of5
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
BUDGET:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Na tural Ga s Fra nchi se
£2 .. gf
Do uglas E. a to n, PE
Publi c WorKs irec tor
Ja nu ary 15, 201 6
AG ENDA ITEM I# 70
.JANUARY 2 5, 2016
Th e ex istin g Natura l Gas Fra nchi se Agreement with TECO is ex piring.
TECO wishes to co ntinue th is franchi se w ith th e C it y. T he Att ac hed
agreement ha s been nego tiat ed with TECO. It is fo r a peri od of 15
add ition a l years with co ndit ion s remaining virt ua ll y un changed.
Thi s Fra nchi se Agree me nt was ini tiall y prese nt ed to the Commi ssion in
Aug us t 20 15. T wo add iti ona l cl a ri fica t io ns were requ es ted .
T he req uired in sura nce req uir eme nt s of Secti on 13 remai n unchan ge d as
after di scuss ion wi th TECO and o ur City Att orn ey th ese limi ts were found
to be th e limits nonnall y found in s im il ar Franc hises.
The definiti o n of"accc pt ed indu stry prac tice" was clarifi ed with th e
additi o n of a seco nd se nt e nce to thi s section. Gas co mpani es are regul ated
by the Flori d a Pub li c Se r vice Co mmi ssion. They oversee the
requirements fo r all aspec ts of the ga s industry in cludin g main te na nce.
TECO was un wi lling to further att empt to describ e th e c urr ent regul at ions
or th e change s that m ight occ ur durin g th e li fe of thi s abTt·eemcnt.
TECO co ntributes 6% of its gross revenu es to th e Cit y as a fcc 1o r thi s
fra nchi se.
RECOMMENDATION:
Approve th e attached Ord ina nce extend ing thi s fra nchi se agree me nt
A T TAC HMENTS: Draft Franchi se Agreement -ORDINA NCE NO . 40-16-22
REVI.EWED BY C ITY MANAGER:_-'1f-=-~...;_~=:a.c-:..=...;::..;Z.~~~=r--------
NATURAL GAS
FRANCHISE AGREEMENT
ORDINANCE NO. 40-15-22
AGENDA ITEM# 7D
JANUARY 25, 2016
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 of the 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# 7D
JANUARY 25, 2016
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 of the 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
SECTION2: GRANT
AGENDA ITEM# 7D
JANUARY 25, 2016
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# 7D
JANUARY 25, 2016
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 (10) 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# 7D
JANUARY 25, 2016
Company shall at all times comply with all federal, state and local laws, ordinances,
regulations and orders that are applicable to the operation of its business, and this Franchise
Agreement and its performance hereunder. Without limiting the generality of the foregoing,
Company shall at all times, at its own expense, obtain and maintain all certifications, credentials,
authorizations, licenses and permits necessary to conduct that portion of its business relating to
the exercise of its rights and the performance of its obligations under this Franchise Agreement.
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?: 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 in
accordance with the orders, rules, and regulations of the Florida Public Service Commission.
For purposes of the foregoing sentence, "accepted industry practice" means the overall body of
conventions, rules and procedures generally regarded as defining accepted practice within the
natural gas industry in the State of Florida.
5
SECTION 8: LAYING OF PIPE
AGENDA ITEM# 7D
JANUARY 25, 2016
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 of the 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
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
6
AGENDA ITEM# 7D
JANUARY 25, 2016
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
duringthe 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.
SECTION 11: IDENTIFICATION OF CITY RESIDENTS
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
7
AGENDA ITEM# 7D
JANUARY 25, 2016
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.
SECTION 13: INSURANCE
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-
msurance.
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
8
AGENDA ITEM# 7D
JANUARY 25, 2016
before any material alteration, modification, or cancellation of such policy 1s 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
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.
9
SECTION 15: TERMINATION BY CITY
AGENDA ITEM# 7D
JANUARY 25, 2016
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,
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
10
AGENDA ITEM# 7D
JANUARY 25, 2016
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
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
11
APPROVED AS TO FORM AND CORRECTNESS:
Accepted this __ day of _______ , 2015
AGENDA ITEM# 7D
JANUARY 25, 2016
PEOPLES GAS SYSTEM, A DIVISION OF
TAMP A ELECTRIC COMPANY
By: -----------------------
Title: ------------------------
12
ORDINANCE NO. 20-16-136
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 APPROPRIATING
FUNDS ASSOCIATED WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION E-CRASH
IMPLIMENTATION GRANT, AND PROVIDING AN
EFFECTIVE DATE.
AGENDA ITEM# 7E
JANUARY 25, 2016
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 revenue totaling
$8,950 and net expenses totaling $8,950 for the FDOT Grant Fund.
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 2015/2016 Budget to be amended as follows:
~ FDOT E-CRASH IMPLIMENTATION GRANT FUND~
Revenues:
FDOT -Reimbursement
Total Revenues
Expenses:
FDOT -Operating Supplies
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
$ 8 950
$ 8.950
$ 8 950
$ 8.950
<$0>
AGENDA ITEM:
SUBMITIED BY:
DATE:
BACKGROUND:
BUDGET:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Pg 1 of 2
Seminole Road Drainage Improvements
Douglas E. Layton, P.E.
Public Works Director
January 5, 2016
AGENDA ITEM# SA
JANUARY 25,2016
Seminole Road is budgeted to be reconstructed from Atlantic Blvd to 5
points. Features desired in the project were stormwater, water,
sidewalk and streetscaping improvements. Genesis was selected as
the design firm and the Commission awarded a design contract to
Genesis early in 2014. On September 30, 2014, a neighborhood
meeting was held to obtain public input on the 30% conceptual design.
Approximately 30% of the neighborhood attended the 9/30 meeting.
On October 13, 2014, the Commission discussed the design features
contained in the conceptual design. Public Works was asked to hold
the design at the conceptual stage and come back to the Commission
with more illustrative graphics and further consideration of design
options.
On 1/26/15, the Commission gave specific guidance on many of the
project's design features. The design guidance from that meeting is
attached for easy reference.
During discussion of the planned improvements with DOT on June 11,
2015, DOT suggested realignment of the intersection of Seminole Road
with Atlantic Blvd. As this design option aligns with one of the
Commission's strategic goals of improving the main entrances to the
City we felt it necessary to bring this option to the Commission for
consideration.
The project is ready to bid in its current design.
$1,600,000 was budget for this work in FY 14/15 and reaffirmed and
included in the FY'15/16 budget.
Seminole Road Improvements
Pg 2 of 2
AGENDA ITEM# SA
JANUARY 25, 2016
Our Design Consultant prepared the attached memo dated 6/24/15
explaining the additional cost for realigning the intersection could be as
much as:
Design:
Construction:
$ 53,500
$655,000
$708,500
These funds are not currently budgeted.
RECOMMENDATION: Obtain a consensus of the Commission to move forward with bidding of
the project utilizing the current design options without realigning the
intersection.
ATTACHMENTS: Design guidance of 1/26/15
Genesis letter of 6/24/15
Graphics for Intersection realignment option
REVIEWED BY CITY MANAGER: -:?:f f/~ ;«_4{
Nelson Van Liere, City Manager
June 24, 2015
Doug Layton, P.E.
Public Works Dire ctor
City of Atlantic Beach
MEMORANDUM
RE: Seminole Road Re -alignment at Atlantic Blvd.
Doug,
AC€NOA fTEM H 8A
JANUARY 25,2016
At the June 11, 2015 meeting with FOOT permit sta ff, it was recommended that the City
eva luate re-aligning the intersection of Seminole Road to form aT-intersection at Atlantic Blvd .
AT-intersection would provide for additional safety and improved operations while enhancing
the intended gateway into the City of Atlantic Beach. Following is a breakdown of anticipated
costs to complete the design and r eco nstruction of this intersect ion . Plea se note that th ese
costs r epresent a preliminary opinion based on concept sketche s and may not reflect actua l
costs. A sketch depicting the proposed intersection is attached.
Additional Design Costs -$53,500
• Roadway/Sidewalk Design -$10,000
• Water/Sewer laterals and serv ice s De sign -$2500
• Signalization Design -$4500
• Stormwater De sign -$2000
• Land sca pe/Hardscape Design and Irrigation retrofits -$7000
• Lighting Design (pedestrian and l and scape lighting} -$2500
• FOOT Coordination -$5000
• Utility Coordination -$2500
• Additional permit coordination-$1500
• Additional graphics-$1000
• Gateway Architecture ele ments -$15 ,000
Additional Construction Costs-Seminole Road -$210,000
• Roadway, Curbing, Sidewa lk, Drain age. Striping, Sign age -$95 ,000
• Gateway Landscaping -$15 ,000
• Gateway Structures-$80,000
• Decorative Lighting -$10,000
• Utility Reloc ation (Wa ter/S ewe r services}-$10,000
Additiona l Construction Costs-Atlantic Bl vd -$145,000
• Atlantic Blvd. Construction (Median work, repaving, restriping)-$65,000
• Atlantic Blvd. M edia n Landscapin g-$5000
• Signal Reconfiguration -$75,000
NOT E: Cos ts for relocation of private utilities not inclu ded.
If yo u have any co mments or questions, pl ease do not hes itat e to co ntact me.
AGENDA ITEM #SA
J ANUA RY 25,2016
AGENDA I TEM# 8A
JANUARY 25,2016
CITY OF ATLANTIC BEACH
AGENDA ITEM# 8C
JANUARY 25, 2016
PUBLIC MEETING WITH STAKEHOLDERS IN THE CLOISTER SOUTH GATE AND
COMMISSIONER STINSON
January 7, 2016
IN ATTENDANCE:
Commissioner John Stinson
Director of Public Works Doug Layton
City Manager Nelson VanLiere
Chief of Police Michael Deal
RESIDENTS IN ATTENDANCE PER SIGN_IN SHEET:
Mr. Joe Romero
Mr. Kirk Hanson
Ms. Joan Waits
Mr. Butch Toney
Mr. Chris Jorgensen
Ms. Mary Reed
Ms. J enn Lagner
Mr. Phil Corp
Mr. Chuck Pitts
Ms. Luly Rady
Mr. Lovell Farris
Mr. Alan Gleit
Ms. Julie Reichard
Mr. Sasioata Roy
Ms. Loretta Weil
Ms. Meade Coplan
Ms. Susan Carr
Mr. John Mahler
Ms. Danetta Mahler
Mr. Richard Reichard
Mr. Ron McBride
Mr. Austin Reed
Mr. Charles Vermillion
Ms. Polly Bell
Ms. Pat Pitts
Mr. Robert Hines
Ms. Caryn Farris
Ms. Joan Toney
Ms. Mary Ulrich
Mr. JeffWeil
Ms. Alison Brown
Commissioner Stinson opened the meeting at 6:30pm on January 7, 2016. Rules of
order were explained to the gallery requesting all comments be confined to the
matters at hand and no personal attacks or comments be expressed.
1) Topics
Topics of the Forum were conveyed to the attendees. The topics were described as
follows:
a. 10th Street (Beach access to Ocean Blvd.)
b. Plaza (Ocean Blvd. -East Coast Dr.)
c. Club Dr. (Beach Ave. -Ocean Blvd.)
d. Cloister Condominium south access gate use
e. Impact of a solution
January 7, 2016 1 Cloister
AGENDA ITEM# SC
JANUARY 25, 2016
2) Open Discussion
Commissioner Stinson opened the discussion to the citizens. Citizen complaints,
concerns, or other questions were noted by Commissioner Stinson and City staff in
attendance and documented by topic below. (The lists are in no particular order.)
Discussion regarding concerns ensued until approximately 7:50pm.
a. 10th Street (Beach access to Ocean Blvd.)
i. Congestion at the beach access and surrounding the Cloister
main gate
ii. Vehicles backing out of the 10th St beach access opposing traffic
iii. The width of 10th St. is not conducive to on-street parking
iv. Parking is not clearly defined, nor enforced
v. Traffic is opposing in a narrow driving lane area
vi. High level of pedestrian use requires better-defined walkways,
etc.
vii. Consider changing the parking
b. Plaza (Ocean Blvd. -East Coast Dr.)
i. Plaza between Ocean Blvd. & East Coast Dr. is too narrow
ii. Vehicle speed on Plaza between Ocean Blvd. and East Coast Dr.
is excessive
iii. No stop signs on Ocean Blvd. or East Coast Dr. at the Plaza
intersection for north or southbound traffic
iv. Pedestrian and bike use is heavy
v. Traffic intensity is high for a short narrow street with little
setback from homeowners
c. Club Dr. (Beach Ave.-Ocean Blvd.)
i. Consider changing Club Dr. to one-way westbound
ii. Parldng on Club Dr. is not clearly marked, enforced and
contributes to congestion and pedestrian safety
iii. No sidewalks contributes to pedestrian safety
iv. 8th St. between Beach Ave. and Ocean Blvd. experiences the
same congestion as Club Dr.
v. Traffic entering Beach Ave. from Club Dr.
vi. Pedestrian and bike use is heavy and there is no beach access
to distribute some of the pedestrian use
d. Cloister Condominium south access gate use
January 7, 2016
i. The gate has been opened without the proper authority or
approval
ii. The original PUD as per City Commission meeting minutes
indicate the gate was approved for emergency access only
iii. Why push traffic from this area into other adjacent congested
areas
iv. Concern about the impact to property values if the gate isn't
authorized for use
2 Cloister
AGENDA ITEM# 8C
JANUARY 25, 2016
v. Visibility when departing the Cloister Condominium is
restricted, especially if vehicles are parked along the north side
ofthe street
vi. Does the City have the authority to control the use of the gate
3) Solutions
Commissioner Stinson ended open discussion on complaints and concerns at
approximately 7:50pm, at which time Commissioner Stinson restated the five topics
and chose to begin with Item B. Plaza (Ocean Blvd. -East Coast Dr.). Discussion
ensued. Due the high level of energy demonstrated by residents and stakeholders, at
approximately 8:10pm, Commissioner Stinson ended open discussion on solutions.
Commissioner Stinson restated the objective of the forum to come to a reasonable
compromise to present to the City Commission on January 11, 2016. Commissioner
Stinson stated his reluctance to share his proposal with the group to prevent
predisposing anyone in the audience to considering his recommendation and
hopefully allowing the group to naturally reach a general consensus. Due to
emotions running very high, Commissioner Stinson then detailed his proposal to the
group.
Commissioner Stinson's proposal is detailed as follows:
a. The Cloister south gate would be agreed to be utilized as an entrance
only and authorized by the City for such use pending City Commission
approval. This action, due to the Cloister residents having incurred
significant expense to install the gate for exiting traffic, may cause the
City of Atlantic Beach to incur expense for reversing the gate.
Alternatives to changing the configuration of the gate might include
providing infrared remotes to residents to allow opening of the gate
as approaching from the south along Beach Ave. This change may also
generate a request from the Cloister residents for City staff to restripe
internal parking spaces immediately adjacent to the gate due to the
spaces being configured for inbound traffic from the south gate.
b. Designate Club Dr. as a one-way street, westbound from Beach Ave. to
Ocean Blvd., clearly marked at the intersection of Club Dr. and Ocean
Blvd. to prevent incorrect access to those unfamiliar with the
direction of traffic along Club Dr. Evaluate parking along Club Dr.
(north or south side of the street), and clearly mark all public parking
and increase enforcement of parking violations.
c. Designate Plaza as a one-way street, westbound from Ocean Blvd. to
East Coast Dr. clearly marked for all traffic transiting north or
southbound on either Ocean Blvd. or East Coast Dr. and for eastbound
traffic on Plaza arriving at the intersection of Plaza and East Coast Dr.
Additionally restrict parking along Plaza between Ocean Blvd. and
East Coast Dr.
January 7, 2016 3 Cloister
AGENDA ITEM# 8C
JANUARY 25, 2016
d. 1Oth Street
i. Reconfigure angled parking for resident and beach access east
of the Beach Ave. f 10th St. intersection angled from northeast
to southwest to be angled from northwest to southeast to
eliminate vehicles backing out toward the 10th St. entry to the
beach access. Consider steepening the angle of parking to
increase distance from the back of vehicles and the 10th St.
parking.
ii. Redesignate beach access parking and resident parking,
placing beach access parking immediately adjacent to the
Beach Ave. and 10th St. intersection which allows beach visitors
to recognize the availability of parking for beach access prior
to entering the beach access area. Designate resident parking
to be immediately adjacent to the actual beach access,
understanding that residents will understand the utilization of
parking better than visitors and will more quickly recognize
any hazards introduced by visitor traffic, whether vehicle,
bicycle or pedestrian. Evaluate the installation of LED lighting
at the 10th St. beach access entry, similar to parking garages at
airports that via sensors determine the existence of a vehicle
and clearly alert incoming drivers to the number of beach
access parking spaces available.
iii. Using existing City right-of-way, construct and clearly mark a
turn-around at the end of 10th St. adjacent to the beach access.
It is likely the available City property will not accommodate a
full radius turn, and may require a three point turn to complete
the reversal of traffic at the east end of the street.
iv. Restrict parking along 10th St. between Beach Ave. and Ocean
Blvd. to improve vehicle movement east and westbound along
the street.
4) Closing Comments
Commissioner Stinson provided his justification and explanation for the changes
and answered questions about the proposal and other questions about the
jurisdictional control of the gate, the documents he had reviewed on the City web
site detailing the long history of the gate and estimated cost to implement the
recommended changes.
It was suggested a straw vote be taken about acceptance and or rejection of the
proposal presented by Commissioner Stinson. At the time of the straw vote, some
guests had departed. It is estimated there were approximately 35 guests remaining
of the approximately SO guests initially in attendance. Note, some guests either
chose not to vote or chose not to sign the sign-in sheet.
The straw vote was taken.
January 7, 2016 4 Cloister
The vote was:
20 ayes;
6 nays.
AGENDA ITEM# 8C
JANUARY 25, 2016
Commissioner Stinson thanked everyone for his or her participation, interest,
opinions and patience. Commissioner Stinson concluded the meeting at
approximately 9:15 pm.
January 7, 2016 5 Cloister
AGENDA ITEM:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Recruitment of City Attorney
AGENDA ITEM# SD
JANUARY 25, 2016
SUBMITTED BY: Catherine Berry, J.D., Director of Human Resourcese8
DATE: January 13, 2016
STRATEGIC PLAN: None
BACKGROUND: The City Attorney firm submitted its resignation on Monday,
January 11, 2016, but agreed to serve through the transition period. The City Manager directed
the Human Resources Director to draft an RFP to select a new City Attorney-firm, a copy of
which is attached. The timeline contained in the Draft RFP is as follows:
[entative Calendar of Events
1 RFP Issue Date January 26, 2016
2 Responses Due to HR Director February 24, 2016 by 3:00
3 Public Openinq of Bids-Commission Chambers February 24, 2016 at 4:00
4 Commission Meeting-Evaluation and Ranking February 29, 2016 at 6:00
5 Commission Mtg -Oral Presentations and Final Selection March 7, 2016 at 6:00
RECOMMENDATION: Approve the RFP drafted by the Human Resources Director and direct
her to oversee administration of the recruitment process, as outlined in the RFP, in conjunction
with the City Manager. Once a top candidate is selected by the Commission, the City Manager,
in conjunction with the Human Resource Director, will negotiate the contract. The Commission
will then approve the contract and the Mayor will execute.
ATTACHMENTS: Draft RFP
BUDGET: No impact.
REVIEWED BY CITY MANAGER: ·---//f_, t/~ et~
SECTION I General Terms & Conditions
Obtain Documents
Bidders may obtain one set of bidding document forms from :
Catherine Berry, J .D .
Director of Human Resources
City Hall
800 Seminole Road , Atlantic Beach, FL 32233
Phone: 904-247-5890 cberrv@coa b.us
Documents are available for download at:
http://www. coab. us/bi ds
Responses Due
AGENDA ITEM 1180
JANUARY 25, 2016
Sealed proposals will be received by the Director of Human Resources , City Hall, 800 Seminole Road, Atlantic Beach,
Florida, 32233 until 3 :00 p .m . on February 24, 2016. It is the bidder's responsibility to assure that your proposal is
delivered at the proper time to the Human Resources Office. Proposals, which for any reason are not so delivered , will not
be cons id ered. All proposa ls received after th e date a nd time specified will not be accepted .
At 4 p .m. on Wednesday, February 24. 2016 all proposals will be publicly opened and acknowledged in Commission
Chambers, 800 Seminole Road , Atlantic Beach, Florida 32233.
Pursuant to Florida Statute 119.071 (1 )(b)1 .a., sealed bids or proposals rece ived by an agency pursuant to invitations to
bid or requests for proposals are exempt f rom s. 119.07{1) and s. 24(a}, Art. I of the State Constitution uhtll such time as
the agency provides notice of a decision or intended decision pursuant to s. 120.57(3)(a) or w ithin 10 days after bid or
proposal opening, whichever is earlier.
Preparation of Proposals
Proposals shall be made according to the template furnished by the City, unless otherwise requested w ithin the
specification. Submit one {1) original clearly marked on the outside of the enve lope-"ORIGINAL" and (6} copies, clearly
marked on their envelopes-"COPY". See Proposal Format on Page 11.
Proposals shall be signed in ink with the name of the bidder typed below the s ignature. Where the bidder is a corporation,
limited partnership, limited liability company, or other entity other than an individual, proposals must be signed by an
authorized representative of the entity in i nk, in longhand (with the typed or printed name of the signer, as signed , be low
the signature) with the legal name of the entity followed by the name of the entity's state of incorporation or registration
and the legal signature of an officer authorized to bind the entity to a contract. A bidder may be requested to present
evidence of his , her, or its experience and qualifications and the entity's financial ability to carry out the terms of the
contract.
Proposal Submittal
Proposals shall be subm itted directly to the Director of Human Resources in City Hall , in an opaque, sealed envelope or
box. Id entify the package with the following information:
PROPOSAL NAME
PROPOSAL NUMBER
PLACE A ND TIME OF PUBLIC OPENING
NAME OF COMPANY/I NDIVIDUAL SUBMITTING PROPOSAL
Submit proposa l in accordance with the instructions listed herein regarding time, place and date required. Respons es
received after the t ime requirement will NOT be opened and will NOT be considered for award . It is the sole responsibility
of the respondent to be swre his/her response is delivered directly to the H uman Resources Director's office by the
required time and date, and th at the response is properly sealed and labeled as required . The City will not be responsible
for any proposal delivered incorrectly or to the wrong address or location .
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l t l V o I fl t I 1 11 I I r I) t' ~ t II
llFPIIlb 02
Tentative Calendar of Events*
1 RFP Issue Date
2 Responses Due to HR Director
3 Public Opening of Bids-Commission Chambers
4 Commission Meeting-Evaluation and Ranking
5 Commission Meeting-Oral Presentations and Final Ranking
AGENDA ITEM# SD
JANUARY 25, 2016
January 26, 2016
February 24, 2016 by 3:00
February 24, 2016 at 4:00
February 29, 2016 at 6:00
March 7, 2016 at 6:00
*All times, dates and actions are subject to change. All meetings are publicly posted and open to the public
under the Sunshine Law.
Basis of Bids/Proposals
The words "BID" and "PROPOSAL" shall be interpreted to have the same meaning for purposes of these specifications,
terms and conditions. Bidder will include all cost items; failure to comply may be cause for rejection. No segregated bids
or proposals, or assignments will be considered. It is the intent of the City to promote competitive bidding. It shall be the
responsibility of the bidder to advise the Human Resources Manager of any language, requirements, etc. or any
combination thereof, which the bidder feels may inadvertently restrict or limit the requirements stated in the specifications
to a single vendor or manufacturer. Such notification must be made in writing at least 6 working days prior to opening
date and time of the bid/proposal.
Bid Prices
The proposer warrants by virtue of bidding that the prices, terms and conditions quoted in this bid will be firm for a period
of ninety {90) days from the date of the public opening unless otherwise specified by the proposer, and shall not be
amended after the date and time of the public opening. Any attempt by a successful proposer to amend said prices
except as otherwise provided herein shall constitute a default.
Contract Award
The City reserves the right to award one (1) contract to the most qualified CITY ATTORNEY/FIRM, as determined by the
Commission.
Modifications and Withdrawals
Proposals cannot be modified after submitted to the City. Proposers may withdraw proposals at any time before the
proposal public opening. HOWEVER-NO PROPOSAL MAY BE WITHDRAWN OR MODIFIED AFTER THE
PROPOSAL PUBLIC OPENING.
Disqualifications
The City of Atlantic Beach reserves the right to disqualify bids/proposals, before or after opening, upon evidence of
collusion with intent to defraud or other illegal practice upon the part of the bidder. (See Non-Collusion Affidavit form)
Bidder also warrants that no one was paid or promised a fee, commission, gift or any other consideration contingent upon
receipt of an award for the services or product(s) and/or supplies specified herein.
Drug-Free Workplace
The City of Atlantic Beach is a Drug Free Workplace. It is strongly suggested that the attached Drug Free Workplace Form
be signed and returned to this office with the proposal if a Drug-Free Workplace program is in place.
Public Entity Crimes Statement
Pursuant to Subsections 287.133(2) and (3), F.S., "a person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity; and may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on
the convicted vendor list."
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City of Atlantic Beach
RFP1116 02
Anti-Collusion Requirement
AGENDA ITEM # 8D
JANUARY 25, 2016
Under no circumstances shall any prospective proposer, or any person or persons acting for or on behalf of any said
prospective proposer, seek to influence or gain the support of any member of the City Commission or the City Staff
favorable to the interest of any prospective proposer or seek to influence or gain the support of any member of the City
Commission or City Staff against the interest of any prospective proposer. Any such activities shall result in the exclusion
of the prospective proposer from consideration by the City.
Minority and Women Owned Business Enterprise (M/WBE)
M/WBEs are encouraged to participate in the proposal process.
Regulations
Violation of any local, state or federal law in the performance of this Agreement shall constitute a material breach of this
Contract.
Agreement
The resulting AGREEMENT or CONTRACT, which shall include these General and Special Conditions and all
Amendments or Addenda issued by the City, contains all the terms and conditions agreed upon by all parties. No other
agreements, oral or otherwise, regarding the subject matter of this AGREEMENT/CONTRACT shall be deemed to exist or
to bind either party hereto. All proposed changes must be submitted to the City in writing, and approved by the City in
writing prior to taking effect.
Use of Other Contracts
The City of Atlantic Beach reserves the right to utilize other legal service providers, if in the best interest of the City.
Termination/Cancellation of Contract
The City reserves the right to cancel the contract without cause with a minimum thirty (30) days written notice. Upon such
termination for convenience, successful bidder shall be entitled to payment, in accordance with the payment provisions, for
services rendered up to the termination date and the City shall have no other obligations to successful bidder. Successful
bidder shall be obligated to continue performance of contract services, in accordance with this contract, until the
termination date and shall have no further obligation to perform services after the termination date.
Termination or cancellation of the contract will not relieve the bidder of any obligations or liabilities resulting from any acts
committed by the bidder prior to the termination of the contract.
Reserved Rights
The City reserves the right to accept or reject any/or all submissions, to accept all or any part of the submission, to waive
irregularities and technicalities, and to request resubmission, if it is deemed in the best interest of the City.
The City, in its sole discretion, may expand the scope of work to include additional requirements. The City reserves the
right to investigate, as it deems necessary, to determine the ability of any Proposer to perform the work or services
requested. The Proposer upon request shall provide information the City deems necessary in order to make a
determination.
Amendment
The awarded CITY ATTORNEY-FIRM understands and agrees the contract constitutes the sole and complete
understanding between the parties and supersedes all agreements between them, whether oral or written with respect to
the subject matter. No amendment, change, or addendum to this Contract is enforceable unless agreed to in writing by
both parties and incorporated into this Contract. The City Commission may agree to amendments that do not increase
compensation to awarded Proposer. The City Commission shall approve all increases in compensation under this
Contract.
Assignment
The awarded CITY ATTORNEY-FIRM shall not assign any interest in this Contract and shall not transfer any interest in
same (whether by assignment or novation) without prior written consent of the City Commission except that claims for the
money due or to become due the awarded Proposer from the City under this Contract may be assigned to a financial
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City of Atlantic Beach
RFP#16-02
institution or to a trustee in bankruptcy without such approval from the City. Notice of such transfer or assignment due to
bankruptcy shall be promptly g iven to the City.
Laws & Regulations
The successful bidder at all times s hall be familiar with and observe and comply with all Federal, State, Local , and
Municipal laws, codes, ordinances, rul es and regu lation s which in any manner may apply and those which may be
enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall ind emnify and save harmless
th e City of Atlantic Beach against any claims or liability arising f rom , or based on, the v iola tion of any such law,
ordina nce, rule, code, regulation , order, patent infringements or decrees.
In the event any sit uation is brought to mediation or a court of law, the venue sha ll be the County of Duval, in the State of
Florida, where all laws, regulations , ordinances, codes, a nd rules sha ll be used in the adj udication .
Communications
To ensure f a ir conside ration for a ll prospective bidde rs throughout the duration .of the formal solicitation process, the City
of Atlantic Beach prohibits communication, whether direct or Indirect, regarding the subject matter of the bid or the
specifi ca tions by any means whatsoever (whether oral or written), with a ny City employee, elected official , selection
comm ittee member, or representative of the City of Atlantic Beach, from the Issuance of the specifications until the
Commission makes the award . Communications initiated by a bidder may be g rounds for disqualifying the offending
bidder from consideration for award of the bid or any future bid .
The sole exception to th e foregoing ru le Is that a ny question s rel ative to interpreta tion of specificatio ns or the RFP process
s hall be addressed to the Human Resources Department, in writing, via fax (904-242-3498) or email (cberry@coab .us). No
questions will be a n swered 6 or fewer business days from the date and time of th e public opening.
Addenda
When questions arise that may affect the bid/proposal, th e answers will be d istributed in the form of a n Addendum , which
will be pos ted on the C ity's web site. It is the sole responsibility of the bidder to check the current solicitations web
page at http:/lwww.coab.us/ for any addenda. The City will post addenda to this web page only, and will not issue
written notification.
All addenda must be acknowledged on the Signature Sheet to be considered responsive. Failure to acknowledge
all addenda may result In the disqualification of the bid response.
Proprietary Information
In accord ance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provid ed by other
applicable State or Feder al Law, all proposers sho uld be aware that Request for Proposals or In vitation for Bids and the
respo nses thereto are in the public domain.
Compliance
Ven ue for any court proceedings arising ou t of or related to this bid or any resulti ng con tract shall be in a court of
competent jurisdiction In Duval County , Florida.
Equal Opportunity Employment
The contrac tor agre es th at it will not discriminate against any employee or applicant for employment for work under th is
Agreement because of race , color, religion, sex, age, dis ability, national origin, gender identity, sexual orientation or any
other no n-merit factor a nd will take s tep s to ensure that applicants are employed, and employees are treated during
employment without regard to such factors . This provision will i nc lude , but not be lim ited to th e following: employment;
upgrading ; demotion or t ransfer; recruitment advertising; layoff or termination ; rates of pay, or other forms of
compensati on; and selection for train ing, Including apprenticeship. Each employee of the contractor shall be a citizen of
the United States or an alien who has been lawfull y admitted for perm anent residence as evidenced by an Alien
Registration Receipt Card . The contractor agrees not to employ any person undergoing sentence of Imprisonment except
as provided by Public Law 89-176, September 10, 1965 (or most recent) (18 USC 4082)(c)(2).
5 I p I c p
Cll•t of lllf<~nll Beilrl
f\FP/116 02
AGENDA ITEM # 8D
JANUA RY 25,2016
Fair Labor Standards Act
AGENDA ITEM# 8D
JANUARY 25, 2016
Contractor is required to pay all employees not less than the Federal minimum wage and to abide by other requirements
as established by the Congress of the United States in the Fair Labor Standards Act, as amended from time to time.
Unauthorized Aliens
The City shall consider the employment by any Contractor of unauthorized aliens as a violation of section 274A(e) of the
Immigration and Nationalization Act, as amended. Such violation shall be cause for unilateral cancellation of this
contract.
Disclaimer of Liability
The City will not hold harm less or indemnify any respondent for any liability whatsoever.
Sovereign Immunity Reserved
The City reserves and does not waive any and all defenses provided to it by the laws of the State of Florida or other
applicable law, and specifically reserves and does not waive the defense of sovereign immunity.
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City of Atlantic Beach
RFPII16 02
SECTION II SCOPE OF SERVICES, MINIMUM REQUIREMENTS AND QUALIFICATIONS
Introduction
The City of Atlantic Beach, Florida, is soliciting proposals from experienced and well-qualified firms or individuals from
Duval, Nassau, Clay, Baker or St. Johns County to serve as City Attorney on behalf of the City of Atlantic Beach, its
elected officials, department heads, and employees, in all areas of municipal law.
The City Charter of the City of Atlantic Beach, Florida, provides as follows:
Article V: City attorney
Sec. 31. Appointment and qualifications:
The city commission shall appoint a city attorney who shall be an attorney with at least five years of experience in
the practice of general, civil or municipal law, admitted in and having authority to practice in all courts of this state, and
who shall be compensated at a rate set by the city commission.
Sec. 32. Powers and duties:
The duties of the city attorney shall include:
(1) Acting as the legal advisor to, and attorney and counselor for, the city and its officers in matters relating to their
official duties; and
(2) Preparing in writing, all contracts, bonds and other instruments in which the city is concerned and giving an
endorsement of approval as to form and correctness; and
(3) Prosecuting and defending for and on behalf of the city, all civil complaints, suits and controversies in which the
city is a party; and
(4) Furnishing opinions on questions of law relating to the powers and duties of city officers; and
(5) Performing such other duties as may be required by ordinance or resolution of the city commission.
The City Attorney is appointed by and serves at the pleasure of the City Commission. The City of Atlantic Beach is a
Commission/Manager form of government. A general description of the City, its departments, and form of government is
attached hereto as Exhibit "A".
The firm or attorney selected must be experienced in representing cities, counties, special districts or other local
governmental agencies in the State of Florida. The attorney should be familiar with all areas of municipal law. Preference
will be given to a firm or individual with the ability to provide comprehensive legal services under a single agreement. The
firm or attorney's engagement will be at will and may be terminated by the City Commission at the City Commission's
discretion.
The City will not be liable for any cost incurred by proposers in replying to this Request for Proposal, or if interviewed,
presentation costs.
To avoid real or perceived conflicts of interest, the firm or attorney selected may not represent an employee of the City, or
immediate family members, in any matters not related to this agreement.
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City of Atlantic Beach
RFP#16-02
AGENDA ITEM# 8D
JANUARY 25,2016
AGENDA ITEM# 8D
JANUARY 25, 2016
Scope of Services
SIP age
1. To perform the duties and responsibilities pursuant to the Charter of the City of Atlantic Beach and the
general laws of the State of Florida.
2. Advise, research, assist and render written opinion to the City on a wide variety of legal areas including but
not limited to: general municipal law, labor law, general, state and federal laws relating to municipal
government, intergovernmental relations and rules and regulations.
3. Legal advisor and counselor for all departments and all of its officers in matters relating to their official duties.
4. Prepare, review, or advise on all contracts, bonds, and all other legal and official instruments in which the
Municipality is concerned and shall endorse on each his approval of the form and correctness.
5. Advise, research and assist the City on a wide variety of legal areas including but not limited to: grants,
budgets, bonds, user fees, impact fees, franchise fees, property taxes, special assessments, public
disclosure issues, and laws against discrimination.
6. Advise, research and assist the City on a wide variety of legal areas including but not limited to: with the
preparation of ordinance, resolution development and interpretation, housing, subdivision and land use law,
comprehensive planning, zoning regulations and property rights, eminent domain, economic development
activities, public utilities, code enforcement, building codes, real estate law, annexations.
7. Advise, research and assist the City on a wide variety of legal areas including but not limited to: contract law,
environmental law, franchise law, municipal leases, purchasing and procurement.
8. Advise, research and assist the City on a wide variety of legal areas including but not limited to: personnel
matters including collective bargaining, union negotiations, arbitration, employee grievances, including advice
on the creation of policies and procedures.
9. Advise, research and assist the City on a wide variety of legal areas including but not limited to: criminal
prosecution, litigation and trial activity, tort law and proactive methods to avoid litigation.
10. Shall act as prosecuting attorney before the Code Enforcement Board and participate in all meetings.
11. Prosecute and defend on behalf of the City all complaints, suits and controversies in which the City is a party
except where the City's defense is provided either by contract or law by a third party.
12. Furnish the City Commission, the City Manager and the head of any department, his opinion on any question
of law relating to any matter concerning their respective power and duties.
13. Advise the City Commission as to their compliance or non-compliance with the provisions of the Charter and
Florida Statutes.
14. Attend all meetings of the City Commission, including Special Called meetings, (including review agendas in
advance) to supply those legal services as may be needed during the meeting.
15. Attend and provide Counsel and legal services for City boards, task forces and committees duly authorized by
City Commission (i.e., Community Development and Code Enforcement) and others requested by City
Manager, based.on availability.
16. Assist the City in preparation, drafting, revisions of codes, ordinances, resolutions, amendments, leases,
policy and procedural manuals, and other documents at the request of the City Commission and/or City
Manager.
17. Assist, revise, review and/or advise with acquisition requirements with appropriate departments, evaluate any
special legal or cost problems, develop acquisition timetables, make preliminary cost estimates and obtain or
develop proper legal descriptions of real estate transactions. Prepare documents necessary for routine land
purchases and/or sales. All.such transactions shall be deemed to be routine unless the Attorney contacts the
City in advance and obtains.the City's approval that the transaction contemplated is non-routine.
18. Submit, as part of the annual budget process, anticipated expenditures, and revenues.
19. Provide monthly report to City Manager summarizing legal services activities, if requested.
20. Provide all required documentation to the external auditor as part of annual audit.
21. Coordinate and supervise specialized legal services provided by outside counsel.
23. Keep the City Commission, City Manager, and City Clerk informed of legislation or judicial opinions that have
potential impact to the City.
24. Meet with City Manager and/or designee on an as needed basis to provide for the operational necessity of
the City.
25. Assist in preparation, drafting, revisions of contracts, amendments to the contracts and other legal
documents at the request of the commission and/or City Manager.
26. Advise City Commission, City Manager and City Clerk at least once a year on Sunshine Law and public
records law, home rule, legislative and quasi-judicial bodies; and all other areas of municipal law, legislative and
judicial opinions that could potentially impact the City.
27. Perform any other duties as assigned by the City Charter, or as directed by the City Commission.
City of Atlantic 13each
RFPII1G~02
Minimum Requirements And Qualifications
Please see requirements outlined in the Charter and listed above.
Negotiations
The City reserves the right to negotiate the fee proposal, terms, and conditions in this contract.
Insurance Requirements
AGENDA ITEM# 8D
JANUARY 25, 2016
A. The City Attorney-firm shall procure and maintain, at its sole expense during the life of the engagement, insurance of
the types and the minimum amounts stated below.
Professional Liability or malpractice or errors & omissions insurance shall be purchased and maintained with a
minimum of $1,000,000 per occurrence for this Agreement with a $2,000,000 policy term general aggregate.
Occurrence Form is required.
Any and all deductibles to the above-referenced policies are to be the responsibility of the CITY ATTORNEY-FIRM.
The CITY ATTORNEY-FIRM's insurance is considered primary for any loss, regardless of any insurance maintained by
the City. The CITY ATTORNEY-FIRM is responsible for all insurance policy premiums, deductibles, SIR (self-insured
retentions) or any loss or portion of any loss that is not covered by any available insurance policy.
B. Such insurance shall be written by a company or companies licensed to do business in the State of Florida and
satisfactory to the City Commission. Prior to commencing any work under the engagement letter, certificates
evidencing the maintenance of said insurance shall be furnished to and approved by the City.
C. The insurance shall provide that no material alteration or cancellation, including non-renewal, shall be effective until
thirty (30) days after receipt of written notice by the City; provided, however, that for the professional liability
insurance, in lieu of the foregoing requirement, the City in its sole discretion, may agree to accept notice of such
material alteration or cancellation from the City Attorney.
Liability of City Attorney-Firm
The CITY ATTORNEY-FIRM shall indemnify and hold harmless the City, its Commissioners, officers and employees,
from all liabilities, damages, losses and costs (including, but not limited to, reasonable attorneys' fees and court costs,
whether such fees and costs are incurred in negotiations, at the trial level or on appeal, or in the collection of attorneys'
fees), to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CITY ATTORNEY
-FIRM, or CITY ATTORNEY-FIRM's officers, employees, agents, and other persons employed or utilized by the CITY
ATTORNEY-FIRM in the performance of, or the failure to perform, the Agreement. In the event of a claim, the City
shall promptly notify the CITY ATTORNEY-FIRM in writing by prepaid certified mail (return receipt requested) or by
delivery through any nationally recognized courier service (such as Federal Express or UPS), which provides evidence
of delivery, at the address provided for receipt of notices in this Agreement. Such notification may also be provided by
fax transmission to the following fax number:
FAX: 904-242-3498
The City shall provide all available information and assistance that the CITY ATTORNEY -FIRM may reasonably
require regarding any claim. This agreement for indemnification shall survive termination or completion of the
Agreement.
Nothing in this Agreement shall be deemed to affect the rights, privileges and immunities of the City as set forth in
Florida Statute § 768.28.
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City of Atlantic Beach
RFP~16 02
SECTION Ill PROPOSAL FORMAT:
AGENDA ITEM# SD
JANUARY 25, 2016
Proposers must respond in the format delineated below.
All responses, and copies, are to be submitted on 8 ~ x 11 inch paper, bound individually. An electronic file (CD or
flash drive) of your proposal is to be included in the proposal marked "original". Such electronic file shall be
in Microsoft Word, Excel, Power Point or pdf-the most recent software version.
Each directive listed will require an individual index tab in your response package to indicate the information as requested
is listed behind its specific tab. Any other information pertinent to the headings as listed herein may be added to the end of
each section. However, required information must be listed first in each section. If further materials are necessary to
complete your response and are not noted under any of the headings listed below, add a TAB -X tab to the end of your
response with proper index as to the subject matter contained therein. Any Addenda are to be acknowledged on the
Signature Sheet. Failure to submit this information will render your proposal non-responsive. Each Section is to be
preceded with a Tab delineating the information after the Tab.
Tab 1. Title Page/Cover Letter/Table of Contents
Title Page shall show the request for proposal's subject, title and proposal number; the firm's name; the name,
address and telephone number of a contact person; and the date of the proposal. The response shall contain a
cover letter signed by a person who is authorized to commit the Proposer to perform the work included in the
proposal, and should identify all materials and enclosures being forwarded in response to the RFP. The Table of
Contents shall provide listing of all major topics, their associated section number, and starting page.
This section shall also include: Name of attorney and law firm; date firm established; locations of all offices and
dates established.
Tab 2. Experience of the law firm
Identify whether attorney is certified in city, county, and local government law, the attorney's professional ratings
and/or recognition in the legal community for professional achievement (e.g. Martindale-Hubbell ratings);
recognition or extraordinary participation in Florida Bar, Federal Bar, American Bar Association, local bar
associations or professional practices committees, or ratings by other nationally recognized systems.
Provide detail on the attorney's law firm's demonstrated experience in representation of cities, counties, special
districts, and other governmental entities and the relationship between the attorney and law firm and the identified
entity, including:
Past record of performance for entities described in above paragraph;
Experience in preparation and drafting or ordinances and advising governmental entities on revision of
ordinances, codes or charter issues;
Attendance at governmental board meetings or City Commission meetings;
Knowledge of public finance;
Knowledge and practice in the area of land use, zoning, real property, and community development
issues, including growth management and comprehensive plan amendments;
Knowledge and practice in the area of public works issues, including utilities and utility franchise
agreements;
Representation of entities in litigation;
Experience or practice in advising entities on Florida Sunshine and public records law, and practice and
procedures before local government, legislative, and quasi-judicial bodies;
Location and availability to City staff;
Depth of firm and ability to provide comprehensive services;
Knowledge of Code Enforcement proceedings.
Knowledge of and experience in grant submission review.
List all judgments or lawsuits against each attorney or your law firm in the last five (5) years, including the
nature of the lawsuit and the resolution thereof.
List all lobbyists employed by your firm and the areas in which they lobby.
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City of Atlantic Beach
RFPtll6 02
Tab 3 Experience of Attorneys
AGENDA ITEM# 8D
JANUARY 25, 2016
Name and biographical sketch of the attorney who will be assigned as City Attorney for the City of Atlantic
Beach. Also provide the names and resumes of other attorneys who will assist and attend any of the City
Commission or other meetings, to include the following:
1. Whether a member in good standing of the Florida Bar, and if so, the date of admission;
2. If a member in good standing of other bars, identify state and date of admission;
3. The area of practice concentration relative to the area of service required by the City, including experience in
municipal law;
4. State as to each attorney whether such attorney is certified in city, county, and local government law by
the Florida Bar;
5. State as to each attorney whether such attorney is rated by any national rating service and the rating of each
attorney.
Identify one attorney to serve as City Attorney at each City Commission meeting and other Boards as may be
requested or scheduled. Identify the attorney, if applicable, that would serve as the City's labor attorney under your
proposal.
Provide information as to each of the individual attorney's experience and the firm's experience in representing
local governmental entities. That is, identify all current (and for the past five (5) years) municipal, county, or other
governmental agencies for which your firm and each attorney who will be assigned to the City of Atlantic Beach
have provided legal counsel or advice and the relationship between the law firm and/or each individual attorney and
the identified entity.
Describe what services of the City Attorney, as enumerated on pages 7-8, are performed by you or your firm for
other represented public entities.
Tab 4. Fee Proposal
The firm or attorney shall submit a proposal for compensation, which should include, but is not limited to, an hourly
rate option, a monthly retainer fee option, or a combination of these options. Unless strictly a monthly retainer,
the hourly rate option is mandatory. The fee schedule shall include the following information:
A. The hourly rates for the city attorney, assistant city attorneys, senior attorneys and every other attorney,
paralegal or staff member (if any) anticipated to provide service to the City. The city attorney, assistant city
attorneys and senior attorneys must be identified by name. Include labor attorney, if applicable.
B. The rates for reimbursable and/or out-of-pocket expenses, including, but not limited to, word processing,
photocopying, faxing, etc.
C. The proposed rates for all other fee proposals or arrangements outside the standard hourly rates, if proposed
by you or your law firm.
D. Propose a provision for rate increases in future years.
Tab 5. References
You may provide references of municipal or similar governmental entities the attorney or firm presently
represents or has represented in the past three (3) years. For each reference provide: (i) name of entity; (ii)
contact person; (iii) address and telephone number for reference; and (iv) dates of representation.
lliPage
City of Atlantic Beach
RFPH16 02
Tab 6. Required Forms ,
AGENDA ITEM# SD
JANUARY 25, 2016
Include fully executed Documents Required Checklist, Signature Sheet, Drug Free Workplace Form,
Public Entity Crimes Statement, Non-Collusion Affidavit of Prime Respondent, Completed Form W-9 and
New Vendor Information Form.
In addition, any prospective City Attorney and law firm must make an affirmative statement to the effect that, to its
knowledge, the appointment as City Attorney will not result in a conflict of interest with respect to current or
anticipated clients of the law firm. If a conflict is deemed to possibly exist, the prospective City Attorney or law firm
shall state the nature of such conflict, and a proposal to resolve the same prior to appointment as City Attorney.
Tab X. Miscellaneous
12 I P a g e
City of Atlantic Beach
RFP#l6-02
SECTION IV EVALUATION PROCEDURE:
AGENDA ITEM# 8D
JANUARY 25, 2016
All proposals will be subject to a review and evaluation process. It is the intent of the City that all proposers responding to
this RFP, who meet the requirements, will be evaluated in accordance with the criteria established in these documents.
The City will consider all responsive and responsible proposals received in its evaluation and award process.
Criteria
Firms submitting the required criteria will have their proposals evaluated for technical qualifications. The following
represent the principal selection criteria, which will be considered during the evaluation process.
Each proposal will be evaluated for full compliance with the RFP instructions to the Proposer and the terms and conditions
set forth within the RFP document. The objective of the evaluation will be to recommend the firm that is the most fully
qualified based upon the herein described needs of the City.
Prospective bidders are prohibited from contacting any member of the Commission or City Staff (except the Director of
Human Resources for clarification purposes only) at any time during the bid process, to discuss any aspect of the bid
process, up to the time of contract award. Any attempted contact may be grounds for disqualification.
Tentative Calendar of Events*
1 RFP Issue Date January 26, 2016
2 Responses Due to HR Director February 24, 2016 by 3:00
3 Public OpeninQ of Bids -Commission Chambers February 24, 2016 at 4:00
4 Commission Meeting-Evaluation February 29, 2016 at 6:00
5 Commission Meeting-Oral Presentations (if required) and Final Selection March 7, 2016 at 6:00
* All times, dates and actions are subject to change. All meetings are publicly posted and open to the public under
the Sunshine Law.
13IPage
City of Atlantic Beach
RFPII16 02
SELECTION PROCESS
AGENDA ITEM# 8D
JANUARY 25, 2016
In general, the City wishes to avoid the expense to the City and to proposers of unnecessary presentations. Therefore,
the Commissioners will request the Human Resources Director to schedule the top ranked attorney/firm(s) for presentations
at the March 7 Special Called Commission Meeting.
1. The Commission will evaluate the firms which have submitted proposals and will conduct reference checks.
The Commission will determine the best qualified City Attorney-Firms on the basis of their submitted proposals.
2. Recommendation and Approval of Ranking: The Commission will make a final ranking after formal oral
presentations by the top ranked Attorney-Firms. The City Commission's decision will be final.
The City shall not be liable for any costs incurred by the proposer in connection with such interview or presentation.
After the City Commission has established the final ranking, negotiations with the first ranked Attorney-Firm will be
initiated by the City Manager or his designee. If those negotiations are unsuccessful, the Commission will then open
negotiations with the next ranked Attorney-Firm. Upon successful execution of a contract, the remaining firms will be
notified that the process has been completed and that they were not selected.
Formal Oral Presentations
The City will receive oral presentations from the top-ranked proposers, as determined by the Commission. Such oral
presentations will be conducted at a Special Called Commission meeting and will be open to the public.
The City's Human Resources Director will establish the schedule and proposers will be notified at least five (5) calendar
days in advance of the date, time and place of the presentations. The specific format of each presentation will be
provided to proposers with the notifications.
The City will allot equal time for each proposer divided into two sequential parts: formal presentations, and questions and
answers.
Oral presentations will provide an opportunity for the proposers to demonstrate their ability to use time efficiently,
effectively and economically. The times allotted are maximums and no firm will be penalized for using less than the
allotted time.
14 I P a g e
City of Atlantic Beach
RFPtll6-02
CITY OF ATLANTIC BEACH
Request f or Proposa ls
Attorney Services
RFP #16-0 2
DOCUMENT REQUIREMENTS CHECKLIST
AGENDA ITEM # 8D
JANUARY 25,2016
ALL REQUIRED DOCUMENTS, AS LISTED BELOW , MUST BE INCLUD,ED WITHIN YOUR PROPOSAL PACKAGE. ONE (1) ORIGINAL AND
SIX (6) COPIES, PLUS AN ELECTRONIC FILE (CD OR FlASH DRIVE) WITH ALL REQUIRED DOCUMENTS SHOULD BE SENT TO TH E CITY
AND SHOULD BE IN THE SAM E ORDER AS liSTED BELOW.
Propo sa ls, and ALL required documents, submitted as comp lete packages (one ori ginal and six co pies pl us one digital copy)
to i nclude the fo ll owing under Tab 6, Required form s:
o Signed copy of the Document Req uirem en t s Checklist
a Signature Sheet acknowledging add endum s
a Drug Fr ee Workpla ce, if appr opriate
a Public Entity Crimes Statement
o Non -Collusion Affidavit of Prim e Respond ent
a Completed Form W-9 Request for Ta xpayer Id entification Number and Certifica tion (form may be o btained from
the IRS website https://www.irs .gov/pub/irs-pdf/fw9.pdf .
a New Vendor Inform atio n Form
The above requirements have been noted and are understood by bidder. I understand that failure to submit an item
listed above may result in rejection of this bid.
SIGNATURE : PRINT:-----------
COMPANY : ADDRESS :------------
PHON E: FA X:
E-MAIL: DATE :
1s I P , s c
c i t v o r A t 1 ~ n t 1 c B e ;1 c 11
RFP III 6 02
Proposer:
Address:
Telephone Number:
ADDENDUM ACKNOWLEDGEMENT
City Attorney Services
RFP-16-02
SIGNATURE SHEET
AGENDA ITEM# SD
JANUARY 25, 2016
The proposer shall acknowledge obtaining all addenda issued to this formal solicitation from the City's web site
by completing the blocks below. Failure to acknowledge all addenda may be cause for rejection of the bid
response.
Addendum No.----------Date Issued:----------
Addendum No.----------Date Issued:----------
Addendum No.----------Date Issued:----------
Addendum No.----------Date Issued:----------
AUTHORIZED SIGNATURE:---------------------
TITLE:
(print/type name as signed above):---------------------
DATE: ____________________________ ___
16 I P a g e
City of Atlantic Beach
RFPII16 02
DRUG-FREE WORKPLACE CERTIFICATION
AGENDA ITEM# SD
JANUARY 25, 2016
Section 287.087, Florida Statues, effective January 1, 1991, specifies that preference must be given to vendors submitting a
certification with their bid/proposal certifying they have a drug-free workplace. This requirement affects all public entities
of the State and is as follows:
IDENTICAL TIE BIDS-Preference shall be given to business with drug-free workplace
programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the State or
by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that
certifies that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business
shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the
statement specified in subsection ( 1 ).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or
contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of
the United States or any state, for a violation occurrence in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such
is available in the employee's community, by any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY
WITH THE ABOVE REQUIREMENTS.
VENDOR'S SIGNATURE DATE
17 I P a g e
City of Atlantic Beach
RFP/116-02
PUBLIC ENTITY CRIMES
AGENDA ITEM# 8D
JANUARY 25, 2016
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY
CRIMES.
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to the City of Atlantic Beach
by ________________________________________________________ ___
(print individual's name and title)
for ---------------------------------------------------------------
(print name of entity submitting sworn statement)
whose business address is ----------------------------------------------
and (if applicable) its Federal Employer Identification Number (FEIN) is _____ __
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not limited to, any oid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state or of the United States
and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defmed in Paragraph 287.133(1)(b), Florida Statutes, means a finding
of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of
record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial,
or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287 .133(1 )(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity
organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which
bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts
or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this
sworn statement. (Indicate which statement applies.)
__ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been
charged with and convicted of a public entity crime subsequent of July 1, 1989.
18 I P a g e
City of Atlantic Beach
RFPII16-02
AGENDA ITEM# 8D
JANUARY 25, 2016
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July 1, 1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY
AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS
FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN TIDS FORM.
(signature)
(date)
STATE OF __________________ __
COUNTY OF ----------------------PERSONALLY APPEARED BEFORE ME, the undersigned authority,
-----------------------------who, after first being sworn by me, affixed
(name of individual signing)
his/her signature in the space provided above on this ___ day of _______ , 20 __ _
19 I P a g e
City of Atlantic Beach
RFP#l6-02
NOTARY PUBLIC
My commission expires:
AGENDA ITEM# SD
JANUARY 25, 2016
NON-COLLUSION AFFIDAVIT OF PRIME RESPONDENT
STATE OF _________________ )
COUNTYOF )
-------------------' being duly sworn, deposes and says that:
(1) He/she is of _______________ _
Title Firm/Company
the respondent that has submitted the attached response.
(2) He/she is fully informed respecting the preparation and contents of the attached solicitation and of
all pertinent circumstances respecting such solicitation.
(3) Such solicitation is genuine and is not a collusive or sham solicitation.
(4) Neither the said respondent nor any of its officers, partners, owners, agent representatives,
employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed,
directly or
indirectly, with any other respondent, firm or person, to submit a collusive or sham response in
connection with the Agreement for which the attached response has been submitted or to refrain
from bidding in connection with such Agreement, or has in any manner, directly or indirectly, sought
by Agreement or collusion or communication or conference with any other responder, firm or person
to fix the price or prices in the attached solicitation or of any other respondent, or to fix any overhead,
profit or cost element of the proposed price or the proposed price of any other responder, or to
secure
through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City
of
Atlantic Beach, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached response are fair and proper and are not tainted by
any collusion, conspiracy, or unlawful Agreement on the part of the proposer or any of its
agents, representatives, owners, employees, or parties of interest, including affiant.
(Signed) -------------------
The foregoing instrument was acknowledged before me this ___ day of _____ , 2016, by
--------------' who is personally known to me or who has produced
______________ as identification and who did /did not take an oath.
NOTARY PUBLIC
EXHIBIT A
AGENDA ITEM# 8D
JANUARY 25, 2016
Atlantic Beach was a small seaside community around 1900 when Henry Flagler, builder of the Florida
East Coast Railway, built the Mayport branch of the railway and erected a station just north of the
former Atlantic Beach City Hall (now Adele Grage Cultural Center). In 1913, the railroad sold most of
the land to the Atlantic Beach Corporation, which began paving streets, installing lights and water and
sewer lines. However, during World War I, people were afraid to come to the coast and the Atlantic
Beach Corporation went into bankruptcy. After the war, land began to sell again and the settlement
began to grow. The Town of Atlantic Beach was incorporated in 1926 and the Governor appointed
Harcourt Bull, Sr. as the first mayor.
The first Charter was adopted in 1929 and in addition to the Charter officials, the town had one
employee. The town continued to grow and by 1940 there were 38 employees and a taxable value,
after homestead exemptions, of $1 million. A new Charter was adopted in 1957 making Atlantic Beach
a city.
The City boundaries were extended in 1987 by annexation of the Seminole Beach area to the north and
again in 1996 by extending the waterway to the Intracoastal Waterway. The city is approximately four
square miles in area and has almost two miles of ocean beach and just under 500 acres of park lands.
Much of the development in the city has been residential, and is nearing build-out with less than 10% of
the incorporated land are being undeveloped. There are currently approximately 14,000 residents.
The City has a commission-manager form of government with four commissioners and a
mayor/commissioner, elected on a non-partisan basis, serving staggered four-year terms. The
Commission is the legislative authority and is responsible for setting policies, adopting an annual
budget and appointing boards and committees. Regularly scheduled meetings of the city commission
are held on the second and fourth Mondays of the month. The City Manager is the Chief Administrative
Officer of the city, appointed by the Commission. The City Attorney and City Clerk are also appointed
by the Commission. The City has eight department heads: Public Safety, Finance, Building and
Zoning, Human Resources, Public Works, Public Utilities, Information Technology and Recreation and
Community Events. Fire and Emergency Services are provided by the City of Jacksonville.
The City of Atlantic Beach has approximately 115 full-time employees with two collective bargaining
units.
EXHIBIT B
DRAFT
CONTRACT FOR LEGAL SERVICES
AGENDA ITEM# 8D
JANUARY 25, 2016
THIS CONTRACT FOR LEGAL SERVICES, hereinafter referred to as the "Agreement," is
made and entered to be effective this __ day of , 2016, by and between the City
of Atlantic Beach, Florida, hereinafter referred to as the "City" and the firm of
-----------------' hereinafter referred to as the "Firm."
Recitals
A. The City is a political subdivision of the State of Florida, and maintains its principal place of
operations at the City of Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida
32233.
B. The Firm is a (type of organization) organized and existing
under the laws of the State of Florida, and has its principal place of business and office at
____________ , Florida _____ (zip).
C. The Firm was the successful responder to RFP #16-02, issued by the City of Atlantic Beach on
January 26, 2016.
D. Pursuant to the terms of the RFP, the parties now seek to negotiate the terms and conditions for a
new Agreement.
THEREFORE, in consideration of the premises and mutual covenants expressed herein and
pursuant to the RFP response submitted by the firm, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged by the parties, the parties agree as
follows:
1. Recitals
The recitals outlined above are true and correct and are incorporated into and made a part of this
Agreement.
2. Position
The City hereby employs, engages and hires the Firm to serve as and to perform the duties and
responsibilities of City Attorney pursuant to the Charter of the City of Atlantic Beach and the
general laws of the State of Florida. The Firm designates and the City accepts
as the primary attorney for City legal work.
---------------may utilize the services of other attorneys and staff in the
Firm as he deems appropriate for City legal work.
3. Services to be Performed
A. General. The Firm shall serve as the City Attorney who shall act as legal advisor to, and
Attorney and counselor for, the City and all of its officers in matters relating to their official
AGENDA ITEM# SD
JANUARY 25, 2016
duties. All of the resources of the Firm will be available to support that role. Specifically,
the City Attorney will have the assistance, when necessary, of other members of the Firm,
secretarial staff, paralegals, law research and word processing equipment. It is expected
that or his designate will provide such duties required
pursuant to the Charter of the City of Atlantic Beach and the general laws of the State of
Florida.
B. Legal Services: The legal services to be provided on a recurring basis shall include but will
not be limited to the following:
1. To perform the duties and responsibilities pursuant to the Charter of the City of Atlantic
Beach and the general laws of the State of Florida.
2. Advise, research, assist and render written opinion to the City on a wide variety of legal
areas including but not limited to: general municipal law, labor law, general, state and federal
laws relating to municipal government, intergovernmental relations and rules and regulations.
3. Legal advisor and counselor for all departments and all of its officers in matters relating to
their official duties.
4. Prepare, review, or advise on all contracts, bonds, and all other legal and official instruments
in which the Municipality is concerned and shall endorse on each his approval of the form
and correctness.
5. Review all agenda items.
6. Advise, research and assist the City on a wide variety of legal areas including but not limited
to: grants, budgets, bonds, user fees, impact fees, franchise fees, property taxes, special
assessments, public disclosure issues, and laws against discrimination.
7. Advise, research and assist the City on a wide variety of legal areas including but not limited
to: with the preparation of ordinance, resolution development and interpretation, housing,
subdivision and land use law, comprehensive planning, zoning regulations and property
rights, eminent domain, economic development activities, public utilities, code enforcement,
building codes, real estate law, annexations.
8. Advise, research and assist the City on a wide variety of legal areas including but not limited
to: contract law, environmental law, franchise law, municipal leases, purchasing and
procurement.
9. Advise, research and assist the City on a wide variety of legal areas including but not limited
to: personnel matters including collective bargaining, union negotiations, arbitration,
employee grievances, including advice on the creation of policies and procedures.
10. Advise, research and assist the City on a wide variety of legal areas including but not limited
to: criminal prosecution, litigation and trial activity, tort law and proactive methods to avoid
litigation.
11. Shall act as prosecuting attorney before the Code Enforcement Board and participate in all
meetings.
12. Prosecute and defend on behalf of the City all complaints, suits and controversies in which
the City is a party except where the City's defense is provided either by contract or law by a
third party.
13. Furnish the City Commission, the City Manager and the head of any department, his opinion
on any question of law relating to any matter concerning their respective power and duties.
14. Advise the City Commission as to their compliance or non-compliance with the provisions of
the Charter and Florida Statutes.
15. Attend all meetings of the City Commission, either in person or by his duly designated
representative to supply those legal services as may be needed during the meeting.
16. Provide Counsel and legal services for City boards, task forces and committees duly
authorized by City Commission.
17. Assist the City in preparation, drafting, revisions of codes, ordinances, resolutions,
amendments, leases, policy and procedural manuals, and other documents at the request of
the City Commission and/or City Manager.
AGENDA ITEM #SD
JANUARY 25, 2016
18. Assist, revise, review and/or advise with acquisition requirements with appropriate
departments, evaluate any special legal or cost problems, develop acquisition timetables,
make preliminary cost estimates and obtain or develop proper legal descriptions of real
estate transactions. Prepare documents necessary for routine land purchases and/or sales.
All such transactions shall be deemed to be routine unless the Attorney contacts the City in
advance and obtains the City's approval that the transaction contemplated is non-routine.
19. Submit, as part of the annual budget process, anticipated expenditures, and revenues.
20. Provide monthly report to City Manager summarizing legal services activities, if requested.
21. Provide all required documentation to the external auditor as part of annual audit.
22. Coordinate and supervise specialized legal services provided by outside counsel.
23. Keep the City Commission, City Manager, and City Clerk informed of legislation or judicial
opinions that have potential impact to the City.
24. Meet with City Commissioners, City Manager and/or designee on an as needed basis to
provide for the operational necessity of the City.
25. Assist in preparation, drafting, revisions of contracts, amendments to the contracts and other
legal documents at the request of the commission and/or City Manager.
26. Advise City Commission, City Manager and City Clerk at least once a year on Sunshine Law
and public records law, home rule, legislative and quasi-judicial bodies; and all other areas
of municipal law, legislative and judicial opinions that could potentially impact the City.
27. Coordinate with Director of Human Resources on Risk Management issues, as requested.
28. Perform any other duties as assigned by the City Charter, or as directed by the City
Commission.
4. Compensation. The City shall pay the Firm the following compensation for the various types of
legal services provided by the Firm:
5. Billing
The Firm will submit an itemized statement to the City for each month for Legal Services and
payment shall be due within 3 0 days of receipt.
6. Controlling Law
This Agreement and the validity, execution, construction, interpretation, performance and
enforcement thereof shall be governed by the substantive and procedural laws of the State of
Florida. Venue shall be in Duval County.
7. Termination
Either party may terminate this agreement without cause upon 30 days' written notice.
8. Severability
The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of
any other provision. In the event that any provision of this Agreement is held to be invalid, the
remaining provisions shall be deemed to be in full force and effect as if they had been executed by
both parties subsequent to the expungement or judicial modification of the invalid provision.
90. Integration
AGENDA ITEM# SD
JANUARY 25, 2016
The Agreement sets forth and establishes the entire understanding between the City and the
Firm relating to the employment of the Firm by the City. Any prior discussions or representations
by or between the parties are merged into and rendered null and void by the Agreement. No
amendment or modification of this Agreement shall be valid or effective unless it is in writing
and properly executed by all parties thereto.
10. Notice
Any notice required or permitted under this Agreement shall be sent by certified mail to (a) the
City at its principal place of operations and (b) to the Firm at its principal place of business and
office.
11. Attorneys Fees
In any litigation, lawsuit, legal or other proceedings brought in connection with the construction,
interpretation, meaning, validity, performance or enforcement of this Agreement, the prevailing
party shall be entitled to receive all of its costs and reasonable attorney's fees from the other
party.
12. Annual Evaluation
Tl1e City Commission may conduct an annual evaluation of the performance of the City Attorney.
13. Files
All files generated as a result of this Contract are the property of the City of Atlantic Beach and
shall be turned over promptly upon request after resolution of all compensation issues.
During resolution of compensation issues, the City shall be provided liberal access to its files in
order to protect its legal interests.
IN WITNESS WHEREOF, the parties executed this Agreement in Duval County, Florida, this
___ day of , 2016.
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
90-Day Calendar for the Mayor and Commission
AGENDA ITEM #9A
JANUARY 25, 2016
Yvonne Calverley, Executive Assistant to the City Manage~ C--
January 15, 2016
None
The 90-day calendar is included on the agenda for the purpose of setting
meeting dates, determining the location, time and whether or not to
videotape special meetings and workshops if the Commission desires.
The rolling 90-day calendar will be revised after receiving input from City
staff and the Commission and will be included in each agenda for
consideration.
Special note:
• Commission Meeting scheduled for Monday, February 291h at 6 pm for
evaluation and ranking of new City Attorney/Firm.
• Commission Meeting scheduled for Monday, March ih at 6 pm for oral
presentations and final selection of new City Attorney/Firm.
BUDGET: None
RECOMMENDATION: Approve the 90-Day Calendar for February through April2016
ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (February through April
2016)
CITY MANAGER: _·-?z~"-=-?fJ--""-Clu-"'--'--'~'-""'-'"""-"~-.,__, _____ _