Loading...
2-8-16 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING February 8, 2016 -6:30 PM AGENDA Invocation and pledge to the flag Call to order 1. A. Approve the minutes of the Commission Meeting of January 25, 2016. 2. Courtesy of Floor to Visitors A. National Weather Service presentation on the November 8, 2015 storms/flooding incident. 3. Unfinished Business from Previous Meetings A. Aquatic Townhomes Site ProposaL 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report and the Recreation Programs and Special Events Report for December 2015. B. Authorize the City Manager to sign the Second Amendment to Radio Services Agreement between the City of Atlantic Beach and the City of Jacksonville. 5. Committee Reports A. Appointments to the Cultural Arts and Recreation Advisory Committee. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 40-15-22, Public Hearing and Final Reading 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. B. ORDINANCE NO. 20-16-136, Public Hearing and Final Reading 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 IMPLEMENTATION GRANT, AND PROVIDING AN EFFECTIVE DATE. 1 2 8. Miscellaneous Business (Discussion only) None. 9. City Manager A. 90-Day Calendar (February 2016 through April 2016). 10. Reports and/or requests from City Commissioners and City Attorney Adjournment Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City’s website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, February 5, 2016. MINUTES REGULAR CITY COMMISSION MEETING January 25, 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 L. Bartle Recording Secretary Nancy E. Bailey AGENDA ITEM #lA FEBRUARY 8, 2016 Commissioner Stinson gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:30p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of January 11, 2016. B. Approve the minutes ofthe Town Hall Meeting of January 9, 2016. Mayor Reeves asked if there were any corrections to the above minutes. Commissioner Stinson stated (in the minutes of January 11) on Pg 3, 8C, the report on the meeting with Cloister, line 5, should state as a one-way street, westbound from Beach Ave. to .... There were no other corrections, so Mayor Reeves stated the minutes will stand as corrected. Mayor Reeves stated he would like to move Item 8D up after Courtesy of the Floor to before 3A. It was the consensus of the Commission to move Item 8D up. 2. Courtesy of Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. He explained the process for public comments. Alison Brown, 10 lOth St. #64, president of Cloister Condominium Board, thanked the Commission for their time and energy put in to discuss the flow of traffic around the area of the Cloister. She spoke in support of Commissioner Stinson's proposal with the exception ofthe one item related to their south gate and would like to see the Commission direct the City Manager to move forward with further study or implementation on those items. She stated they do not agree with the recommendation related to using their gate as an entrance. She stated their original Cloister construction plan signed by the State of Florida Hotel and Restaurant Division dated June 1973 and by the City of Atlantic Beach on July 23, 1973 did not show any traffic control devices or gate at the south driveway access to the public road. She stated when the Cloister opened in the 70s there was no gate or any traffic control devices at the south driveway. It was wide open for both Cloister incoming and outgoing traffic. She stated since that time every decision over the usage of the south driveway has been made exclusively by the Cloister. She stated they have asked the City in a public records request to produce any ordinance, PUD or legally binding recorded restrictions on the Cloister's use of their south January 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #IA FEBRUARY 8, 2016 Page2 driveway access to a public road. She stated without those documents they would ask on what authority they are attempting to take away their access rights, specifically restricting the Cloister's 40+ year exclusive usage of the south driveway. She stated until that question is answered, they are asking that the City take no further action on this one item in Commissioner Stinson's proposal. Harry Ulrich, 151 Club Drive, spoke against opening the Cloister gate, asking how much longer is the City going to suspend enforcement of the Code and traffic violations at 885 Beach A venue and how much longer is the City government going to tolerate the Cloister's defiance and challenge to their authority. Robert Hines, 880 Beach Ave., thanked the Commission for their service. Spoke against opening the Cloister gate, referring to a handout on the history of the gate he had emailed and also given to the Commission at the Town Hall Meeting on Saturday. Mayor Reeves stated he wanted to make sure that the information Mr. Hines referred to was given to the City Clerk so it is on file for public record. Susanne Barker, 1938 Beachside Court, regarding the Gate station, she stated she believes her group has been heard by the Commission and many from this group of citizens opposed to the Gate station have been meeting with the Commissioners. She stated at this time they don't believe they need to have a meeting under the umbrella of the City of Atlantic Beach; they have been heard by the Commission and they know where they stand on that. She stated what they would like is to be able to meet at Adele Grage and, although the Commissioners would be free to come, it would not be under the City's umbrella but would be their neighbors meeting together and discussing what their feelings are concerning the permitting of the Gate Station. She stated they would like to ask for the use of Adele Grage, as the Tree Canopy group did, and it would be open to Commissioners at any time. Joanne Waits, 145 8th Street, stated she hopes they will find a solution for the Cloister so their exiting and entering their property will be better. She asked the Commission, please don't solve their problems by passing them on to others. Courtney Fernandez, 890 Beach Ave., spoke against opening the Cloister gate. Chris Jorgensen, 92 W. 3rd St., addressed Tideviews Park, thanking Mr. Bennett Sr. who wanted his property to become part of the City park and John November for getting this done. He also addressed Club Drive issues. He thanked City Attorney Rich Komando. Saswata Roy, 90 Ocean Blvd., asked that the Commission uphold the process related to the opening of the Cloister gate. He stated creating a compromise is disrespectful to the process. He urged the Commission to look at the rules and give them some direction for the proper way for them to do this. Lorelle Weil, 10 lOth St. #52, spoke in favor of the Cloister gate. She stated they have been asking for a PUD, regulations, restrictions or anything written down to show that the City has the authority to tell them what to do and nothing has come up. She stated there was never a gate, so if they find the PUD, how could there be any restriction when there wasn't a gate or a fence. She stated she distributed a petition stating "We support the Cloister's efforts to improve the safety of the 1Oth St. beach access by opening their south gate," and got over 300 signatures, which she distributed to the City Clerk for the Commission. She stated if you are going to follow the law, then follow it; that is what you were sworn to do. She stated it really saddens her that they have been harassing, bullying and threatening them and it is just not right; they are here to protect all of the citizens and she wishes they would. January25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 8, 2016 ... Page3 Theodore Martin, 4097 Alesbury Dr., Jacksonville, stated he owns property at 1980 Francis Ave. and received a notice about some rezoning at the north end of Francis and Dutton Road. He asked if anyone knows what the rezoning is about. Mayor Reeves explained it will not affect his property; it is regarding the country club where the houses are going up and an ordinance to bring them into the city limits of Atlantic Beach. He stated they are just required by law to notify anyone within 300 feet. City Clerk Bartle read the names of the citizens who did not want to speak but put in a speaker form, as follows: Louise Rady -keep the south gate closed as the prior elected officials have done. Nicole Limbaugh -close the south gate. Patricia Pitts -close the gate Mary Ulrich -close the gate Charles Pitts-close the gate Sally Vermillion-close the gate Charles Vermillion -close the gate Edward Toney-close the gate Joan Toney-close the gate No name-close the gate Sally Clemens-invited everyone to Wednesday, February 3, meeting of Beaches Watch at 7:00p.m. in the Library; Councilman Gulliford will speak on beaches concerns. 3. Unfinished Business from Previous Meetings Item 8D was taken out of sequence and acted on at this time. Human Resources Director Cathy Berry explained she drafted a Request for Proposal to get a new attorney/law firm for the City. She stated there was an error in the RFP and "prosecuting attorney" under Scope of Services, Item 1 0 has been amended to reflect the change. She stated, as listed in the staff report, they will have two Special Called meetings. Ms. Berry answered questions from the Commission. Mayor Reeves stated they need consensus on whether the dates for the Special Called meetings are okay and if they want any changes to the RFP. Discussion ensued. Ms. Berry answered further questions from the Commission. Ms. Berry stated her concern is that with the discussion that has been held so far about a potential interim attorney, people are not wanting to spend the time and effort to respond because they feel like it is already done. Mayor Reeves stated he wanted to go public tonight to make sure they straighten that out. He stated it is not a done deal on his part and he does not believe it is a done deal with any other Commissioner. He stated they want many people to apply for this job. He stated no one has been chosen. Further discussion ensued. Mr. Komando stated, under the current timeline, his firm made a commitment to assist the City during the transition and will be here through March 7. Mayor Reeves stated this RFP is different from the last one in that they changed the insurance liability so a small firm could be available. Ms. Berry stated it is pretty much the same RFP but they did make some changes and looked closely at the insurance requirements and decided to eliminate the superfluous insurance requirements. She stated she feels comfortable that this will still serve the City well. She further stated they January 25.}016. REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 8, 2016 . Page4 had a requirement last time that, the proposal "will" include references from three municipalities that they serve now/or have served, and they have changed that to "may". Mr. Berry stated they will invite everyone who submits a compliant proposal to make a short 15-minute presentation at the first meeting; then the Commission will rank them that night. She will then invite the top two or three back to make lengthy presentations at the next meeting and they will then pick their top choice and they will prepare a contract for them. Commissioner Waters stated she is out of the country from the February 27 to March 7. After further discussion, it was the consensus to change the meetings to February 25 at 6:00pm and March 8 at 6:00pm and Ms. Berry stated she will put the dates in the RFP so the candidates will know they have to be prepared to make a presentation on the next night. Mayor Reeves asked if everyone was comfortable with the RFP. It was the consensus of the Commission that they were. A. Interim City Attorney. Commissioner Waters stated, following the discussion above, her concerns have been answered and she does not believe there is anything else that needs to be discussed on this item. Mayor Reeves stated when he mentioned Alan Jensen's name, he mentioned it only because his concerns were that they did not know that our law firm would stay for a longer time. He stated his concerns were not a political thing, but a concern for the City related to who could come in on a very short notice and fill the position. He stated if it gave the impression that he was suggesting that Alan Jensen should be the full time attorney, that is not the truth. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for November 2015. Motion: Approve Consent Agenda Item A as written. Moved by Waters, Seconded by Harding Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports A. Appointment to the Board Member Review Committee. Mayor Reeves explained they had one person who was interested in serving and he believes he will be a great person to serve. January 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 8, 2016 PageS Motion: Appoint Mike Paschall to serve on the Board Member Review Committee for a 2-year term beginning January 26, 2016 and ending January 25, 2018. ' Moved by Stinson, Seconded by Harding Votes: Aye: 4-Harding, Stinson, Waters, Reeves Nay: 1-Hill MOTION CARRIED 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 12-16-5, Public Hearing and Final Reading 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. 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 Waters, Seconded by Hill Roll Call Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED B. Ordinance No. 31-16-11, Public Hearing and Final 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 Stinson Roll Call Votes: Aye: 5-Hill, Stinson, Waters, Harding, Reeves Nay: 0 MOTION CARRIED January 25,2016 REGULAR COMMISSION MEETING C. Ordinance No. 90-16-224, Public Hearing and Final Reading AGENDA ITEM #lA FEBRUARY 8, 2016 Page6 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. 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 Roll Call Votes: Aye: 5-Stinson, Waters, Harding, Hill, Reeves Nay: 0 MOTION CARRIED D. ORDINANCE NO. 40-15-22, Introduction and First Reading AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCIDSE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF ATLANTIC BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WIDCH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. City Clerk Bartle read the Ordinance by title only. Motion: Approve Ordinance No. 40-15-22 as read. Moved by Hill, Seconded by Harding Commissioner Hill stated he believes if they are going to give them the right to use the utilities they should require them to be the emergency response entity. Mayor Reeves stated the original contract 15 years ago was 6% and the current contract is 6%; his concern is they have let 15 years go by and they are sticking at 6%. He asked the City Manager what the normal rate is from the other cities surrounding us. City Manager Van Liere stated this is the typical percentage they use and is passed through to the residents on the utility bills. He stated he is not aware of what Jacksonville Beach's is right now, but knows this has been typically the rate in the surrounding area. He stated this is about $10,000/year to the general fund. Mayor Reeves suggested that they defer this because he would like to know what the cap is. Discussion ensued about deferring. Mr. VanLiere stated they could pass this for the first reading, review it, then decide whether to pass the fmal reading. City Clerk Bartle asked if they are suggesting that the ordinance will actually change after the first reading. Mr. Komando stated depending whether they have a substantial and material change to the ordinance, it may have to go back to a first reading. Discussion ensued. Roll Call Votes: Aye: 5-Waters, Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED January 25, 2016 REGULAR COMMISSION MEETING E. ORDINANCE NO. 20-16-136, Introduction and First Reading AGENDA ITEM #lA FEBRUARY 8, 2016 Page 7 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 IMPLEMENTATION GRANT, AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title only. Motion: Approve Ordinance No. 20-16-136 as read. Moved by Waters, Seconded by Harding City Manager Van Liere explained this grant requires they set up a separate fund rather than running this through the General Fund, which is what this budget modification does. Chief Deal answered questions from the Commission. · Roll Call Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Seminole Road Drainage Improvements. Mayor Reeves stated this is not a discussion about the full project. He stated this is about adding on to the project that was approved by other Commissioners, which is around a $750,000 add-on at the end. City Manager Van Liere explained the project, stating the DOT suggested it and staff looked into realigning where Seminole Road meets Atlantic Blvd. to bend it toward the east to line it up with the road on the other side of Atlantic. He stated, in order to incorporate that into the entire project, they need to get direction from the Commission to see if they are interested in that before they go out to bid. He stated the estimate from the architects is about $758,000, with design being $53,000 and construction $655,000. He stated if they do not want to do this improvement, then the Seminole project is ready to go out to bid. Commissioner Hill stated he is not in favor, but would like this Commission to look really hard at this Seminole Road project as a whole. Mayor Reeves stated he agreed and believes they need one more public meeting on it to make sure the public understands it. He stated he was not in favor of the $758,000 project. Commissioner Waters stated she believes there is a misunderstanding that the sidewalk work that is being done is the driver behind the project, because the pipes underneath the sidewalk are the problem. She stated they have to replace the pipes because they know they are falling apart and they will become liable when it floods if they don't do something to service it. Discussion ensued. Commissioner Stinson stated he would like to dig up a part to see if the problem is the pipe. He stated he believes if they are having storm water pipe issues, they should be seeing it on the surface when it rains like it did during the flood event. Further discussion ensued. City Manager Van Liere stated he believes the prior Commission has a real interest in beautifying Seminole Road and putting an 8 ft. ped path was a big part of that. He stated when the project was looked at and they January 25,2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY 8, 2016 PageS looked at the utilities that need to be replaced they saw an opportunity to joint fund all of the things they wanted to put into the project. He stated the engineer's estimate of $1.6 million is a big number but it does take care of a lot ofthings and desires they had for a long period oftime. He stated they don't have to do it; as Commissioner Stinson said they aren't opening sinkholes on Seminole Road yet and they can wait until that happens. He stated they have the design. He suggested they each sit down again with the designs and see what they don't like about it, get some of the questions answered about the numbers on repairs and dig up some of that pipe and look at it. He stated there is no reason to rush to this project; they don't have any pressing repairs at this time. It was the consensus to not make the $758,000 change at the Seminole Rd/Atlantic Beach intersection. The Commission also gave direction to the City Manager to put the project on hold and come back to the Commission with more data and get more feedback from one more public meeting. B. Application of Robert's Rules of Order. Commissioner Stinson stated he would like that they stick to the agenda because it is hard to have it changed on Friday and be prepared on Monday. He also stated he believes the maker of the motion needs to write the motions down. He stated at the last meeting even the Clerk could not repeat some of the motions they had at the last meeting. Discussion ensued. Commissioner Waters asked if Commissioner Stinson is requesting they not have amended agendas after a certain date. Commissioner Stinson further explained and asked that they all agree to a timetable that after a certain date they will not change the agenda unless they are all in agreement. City Manager Van Liere explained why the schedule was set up and why there are amendments. Discussion ensued. Answering Commissioner Waters' question about a date for amendments, Commissioner Stinson stated he believes if they are going to change the agenda it should be no later than the Wednesday prior to the meeting, which would give him time to address things during the week. Further discussion ensued. Mr. Komando stated it is advisable, if they are adding things at the last minute, that they don't take action on it because they don't want to be accused of intentionally trying to exclude the public from having an opportunity to come out and be heard. It was the consensus of the Commission to continue with the Friday schedule but make Wednesday by 5:00 pm the latest date for publishing the amended agenda. C. Cloister South Gate Discussion. Commissioner Stinson explained the information that came out of the forum regarding the Gate Petroleum proposal. Discussion about the use of Adele Grage for various groups ensued. He further explained the discussion about the Cloister south gate, including separating little Plaza from the discussion; the Commission would stand behind the Community Development Board's ruling; direct City Manager and staff to address pedestrian safety issues on Club Dr., questions about little Plaza, lOth St. beach access and parking; and the impact of any change they might make to other areas. Commissioner Stinson further stated he believes the gate needs to be closed and they need to go back and start the process over. Commissioner Hill recommended they look at the City's most urgent needs, look at their primary function as a community government and address those issues specifically through a solution this Board believes is best right now based on the available information, which would include any defense of any historical document January 25,2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A FEBRUARY 8, 2016 Page 9 that may or may not override. Commissioner Hill suggested they open the gate on the south end for ingress only and leave the gate on the north end open for ingress and egress and address the specific safety concerns and parking. He also stated he has no problem with Club Drive becoming one-way. Commissioner Waters stated she believes Club Dr. should be one-way, have no parking on north side of 101h St. from Ocean to Beach. She stated she believes they need a traffic study by an impartial third part to determine ingress or egress. Commissioner Harding asked the City Attorney if the historical documents referenced, in the absence of a PUD, are enforceable in the event we take a stance and this does go into litigation. Mr. Komando stated that is exactly the question that would be litigated, whether they are enforceable and if the circumstantial evidence establishes that there is a PUD by which the City can enforce the restrictions. He stated it is more complicated than that; there are a number of different things that have happened historically and also through the 80s which complicate that question. He stated he would advise him to not ask him to give a mental impression on an issue that is likely to get the City sued. Commissioner Stinson stated he has not heard anything in the comments that is contrary to the proposal that he put in front of the group about 3 lf2 weeks ago that was voted on 20-6; but they picked it apart 2 weeks ago and chose not to move forward with. Commissioner Reeves stated they have seen a lot of data and research which opens his eyes a lot about it. He stated he is not sure whether there is a PUD and whether it has anything to do with opening or not opening the gate. He stated this was brought before the Community Development Board (CDB) and the last Commission tried to get neighbors to work it out. He stated from what he has seen, it is not going to happen. He repeated a comment that was said tonight by a citizen, "if you are going to follow the law, then do it". He stated the group from the Cloister went before the Community Development Board and the Board acted 6-0 and it then went before the Commission to vote on it. The Commission never voted on it. He stated there is a process in place that if a group doesn't like the decision of the CDB, within 30 days they can file an appeal and it then comes before the Commission. The Commission can either support the Board or go against the Board's recommendation. There is a second appeal that takes it to the court. He stated it would save a lot of time if it went through that process. He stated he does not understand why the HOA did not appeal that decision. He asked the Association to work with the Commission and they can allow this gate to be entering only for a period of time, during which the Association can go back and file with the CDB. Building and Zoning Director Jeremy Hubsch stated the rules state you cannot file something that is substantially the same within a year but they could change it before a year, or if it is the same request they would have to wait a year. He stated he believes the date was in February when the meeting was held, so they could get on the February or March agenda for the CDB with the same request they made last time. Mayor Reeves stated he believes they should direct the City Manager to enforce what the CDB ruled on, if the gate continues to be in violation. He stated then the City can take action through Code Enforcement. Discussion ensued. Mr. Komando explained when the Cloister originally came to the City it started with safety concerns and meetings with the former and current Police Chiefs and then went to the Community Development Board. He stated when the Community Development Board made their decision, it then came to the Commission and the Commission asked staff at that time to put together a community meeting. He stated at the October 12 meeting, he advised that the Cloister needed to file a formal application to amend the PUD and it needed to follow the correct standard City process. He stated the timelines that are being referred to really don't apply because they haven't followed the process that those timelines applied to. Mr. VanLiere clarified, in enforcing the Code, the presumption is that the PUD existed and they are not allowed to use the gate, so typically with Code Enforcement violations, they would notice them that they are in violation of a certain section of the Code and they would give them a certain number of days to comply and if they did comply everything is fme. He stated ifthey didn't comply they would be brought before the Code January 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA FEBRUARY1l, 2016 Page 10 Enforcement Board and fined or assessed and then they go from there. He stated if the Commission wants him to enforce the gate being closed they will remove the Stop sign and put up a Do Not Exit/Do Not Enter sign facing the Cloister. He stated upon witnessing them leaving from the gate then they would notify them that they are in violation. He asked if that is what the Commission is suggesting. Mayor Reeves agreed, stating he should not do it any differently than they would do for any other citizen. Mr. VanLiere stated, unlike any other citizen, they have a homeowners association they have to talk to in order to get direction on what to do. D. Recruitment of City Attorney. This item was taken out of sequence and acted on earlier in the meeting. Mayor Reeves recessed the meeting at 9:28. He reconvened the meeting at 9:35. E. Aquatic Townhomes Site Proposal. City Manager Van Liere introduced William Norris of TriBridge Residential, stating he was here to present the Aquatic Townhomes Site proposal at the comer of the Aquatic Gardens area and Atlantic Blvd. Mr. Norris explained the project showing a slide of the site and a conceptual image for the proposed development. He stated their proposal would include improvements to the dog park, extending the retention pond and adding overflow parking for the dog park and the development on Aquatic. He further explained the site sits on an unregulated dump site and will require an extensive remediation, including removing all of the trees and foliage in order to access this layer of landfill. He stated they are currently trying to enroll this site into the Florida Brownfield Program. He stated they understand Atlantic Beach has a strict and meaningful tree ordinance and are prepared to replace the trees as required under that tree ordinance with species that fall underneath Atlantic Beach's preferred species list. He stated whatever they are not able to replant on their property, they will replant on the dog park with the City's permission or buy in to the City Tree Mitigation Fund. He requested that this proposal be placed on the Commission agenda on February 8 for their action and direction to City Staff. Mr. Norris answered questions from the Commission. Discussion ensued. It was consensus to move this item forward to the agenda for February 8 (for action). 9. City Manager A. City Manager's Report. • 90-Day Calendar (December 2015 through February 2016) Mr. Van Liere reported they will change the dates of the Special Called Meetings for the Attorney Selection to February 25 and March 8. He stated there is now an office in City Hall for the Commission to use. He stated he was a little bit confused by the two motions that were made at the last meeting regarding the Bennett property and asked if he needs to wait 90 days to raze the house. Discussion ensued and a motion was made to clarify. Motion: Direct the City Manager to take whatever action necessary to mitigate and remove the Bennett structure. Moved by Hill, Seconded by Stinson January 25, 2016 REGULAR COMMISSION MEETING Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED AGENDA ITEM #lA FEBRUARY 8, 2016 Page 11 Commissioner Stinson asked for clarification regarding the development at Aquatic and Atlantic as to whether the item was to come back for action or are they just directing the City Manager to negotiate the agreement. Mr. Van Liere stated at the next meeting they were going to give him the authority to negotiate a no cost to the City agreement where they do their improvements to the City's dog park and then have it turned over to the City. Mr. Komando stated it would get moved forward for action to the next meeting. Mr. Norris stated within the packet distributed tonight are what the parameters of the deal would be. Mr. Van Liere stated he would like to see all of those items in the form of a contract. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Reported on the feedback he has been getting from the west Atlantic Beach area since they voted to purchase the Bennett property, stating the majority of the citizens said it is a big improvement and a major asset for the City. Commissioner Waters • Reported on the new BEAM store is opening February 5 at 10:00 a.m. and they are accepting donations now. • Believes the initial reaction to the underbrush being cleared at Tideviews has settled down and they are appreciating it. Commissioner Hill • Stated he didn't speak correctly at the last Commission meeting that Alan Jensen terminated him; he meant to say he was the City Attorney during one of the wrongful terminations. • Asked if the kayak launch has recovered from its structural failure. Mr. Van Liere stated he has not gotten a report back on that but will find out. • Asked that they stop any additional brush removal and get some information on the environmental side. Mr. Van Liere stated it is his understanding that what they have done is pretty much what they had planned to take out and now is just a matter of cleaning up the grounds. Commissioner Stinson • Thanked the Commission, City Manager and the citizens for attending the Town Hall meeting on Saturday. • Would like to see a presentation to the Commission regarding plans for the Bennett property. • Asked the City Manager to reach out to the City Manager ofNeptune Beach so they could meet with Jim McCue in Aquatic Gardens regarding the drainage system on the Neptune Beach side. • Due to the annexation, voting precincts and how they are districted need to be addressed. • Wants to have quarterly mock emergency management drills for City staff to evaluate how well the emergency management plan in Atlantic Beach works. • The citizens are not a distraction to the Atlantic Beach officials' work, they are the reason for their work. He stated he believes it is important they understand that and respond to emails, phone calls, speak respectfully about citizens and treat them with the utmost respect at all times. January 25, 2016 REGULAR COMMISSION MEETING City Clerk Bartle AGENDA ITEM #lA FEBRUARY 8, 2016 Page 12 • Stated the Board Member Review Committee will meet this Thursday for the Cultural Arts and Recreation Advisory Committee membership review. She asked for permission to get the agenda out on Friday rather than Thursday so she can get the minutes prepared. Mayor Reeves • Thanked the Commissioners for attending the meeting Saturday. • Reported the City Manager, the Chief and he attended the Habitat opening. • Reported on the FLC dinner/meeting and encouraged the Commissioners to attend. • Stated he was elected to serve on the Board ofDirectors of the NEFLC. • Stated he has spoken to the City Manager also and they have contacted the Supervisor of Elections related to the annexation. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 10:37 pm. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer AGENDA ITEM: DATE: SUBMITTED BY: BACKGROUND: STAFF REPORT C ity of Atlantic Beach Commission Meeting NOAA Presentation -Hopkins Creek Flooding J anuat-y 22, 2016 J . Michael Deal , ChiefofP~ AGENDA ITEM #2A rr.EBRUARY 8, 20i6 On November 8, 20 15, the City of Atlantic Beach experienced a s ign ificant amount of rainfall within a short period oftime. This rainfall resulted in the flooding on Aquatic Drive, Skate Road, Cavalla, as well as other areas of the City. Numerous homes in these a reas were damaged as a result of water intrusion. The areas impacted by the flooding arc all within a low lying flood zone. However, there were other co nditions that also contributed to this event. At our request, representatives from the National Oceanic and Atmospheric Admini s tration (NOAA) investigated these conditions and presented their findings to City Staff on November 13 , 2016. It was recommended that the representatives from NOAA g ive the same presentation to the City Commission for their information only. BUDGET: N/A RECOMMENDATIONS: Provide presentation to the C ity Commission on February 8, 2 0 16. ATTACHMENTS: Power point .--v7 ~ L :::6'~, REVIEWED BY CITY MANAGER: __ /_ r.;...__;;..v.....;;;a~'-'--'-.L-"""~--=~::......:......::..._ _____ _ Ardella Rd levyRd ;; " i s 0 • s: !:!! 0 9141 Storm Pr~at~oo Sle· t:JA>< VST 11/0BI201S ~21H2 PM P!oci1 1/0BI201S ~2309 PM vtP: 212 n : -· r ~moo~tino r R""""!!""' _0...., M~ 919" St.vt 11/0712015 11:21 PM Eod. 11 /0BI2015 ~22PM r ~"""lwl9 r R0090fl~· Ptoducl Oetlil:' M"" 9 19" so .. t 11/0712015 11:21 PM £rod 11/0812015 08;22 PM Thee H0t1 Rarlal S<•: KJAX \'S T 11/0B/201S ~11 ·21 PN Ploct 11/0B/2015 08r13'38 PN VCP: 21 2 '~ - PI ~Det.d:. MaK 7.Z' End-11 /0B/2015 08.00 PN 0.50 0.45 0.40 0.35 0.30 0.25 0.20 0.15 0 .10 0.05 0.00 Aquatic Circle Rainfall Rate 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m 0 ~ N M ~ ~ ~ ~ ~ m 0 ~ N M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N N C Rate 0\I • .:II_C ~ty_Fl_Mt+IW 0u'I .:II.,C~tV .. Fl ... MttiW .. 1ft_ABV C:v-r;~I .. COtonty_Ft. .. MHHW .. 'lft .. ASV -Ov-t.:.I_COI.Inty_Fl .. UHH W .. lf1 .. A8V -Ouvi i.,COI.Inty .. Fl .. MHMW .. Mt .. ASV -Ou~ai ... C01Jnty.,.Fl..,MHHW .. 5ft ... A8V AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: CITY OF A'TLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Aquatic Town homes Site Proposal by TriBridge Residential Nelson Van liere City M anage r @ January 22, 2016 A GENOA ITEM # 3A fEBRUA RY 8, 201 6 Attached for your review is a proposed site plan. The Developers, TriBrldge Residential, have requested utilizing a portion of our Dog Park to make their project better. The attached information will be presented by the developer in hopes of gaining support for a project that partners with Atlantic Beach. The project is located at the North West corner of Aquatic Drive and Atlantic Blvd . No Operating Budget Impact at this time, but could lead to enhanced property tax revenues. RECOMMENDATION: Consider working with the developer to negoti ate a contract for the utilization of our Dog Park as outlined in the attached proposal. ATTACHMENTS : Description of the developer's project and the benefits for Atlantic Beach with diagrams ACENOA ITEM N-3A FEBRUARY 8, 2016 PROPOSED DEVELOPMENT AT CORNER OF ATLANTIC & AQUATIC Developer: TriBridge Resi dential, developer of BluWater Apariments in Jacks onville Beach (former George Moore Chevrolet property) Plan of Development: 23 "market-ra te" rental townhomes; 2 and 3 story units with 2 car garages; same architectural and d esign s tandards as BluWater. The existing s ite contajns a layer of ho usehold trash and debris that will have to be removed in order to build the project. The developer intends to work with the Florida Department of Enviroru11enta l Protection to enroll the prope1iy in the F lorida Brownfields Program . The clean-up of the site will require that the existing trees be removed in o rder to correctly remediate the s it e. Development will comply with the ex isting zoning di s trict pem1itted u ses and density, all of the development s tandard s of the Land Development Code and the 35' height limit. The project wi ll also comply with C hapter 23 Protection of Trees and Native Vegetation of the City Municipal C ode by a combination of re-planting of trees fi·om the City of Atla nti c Beach Recommended Tree List on the dev eloped property and on the Dog Park retention pond along with purchasing credits from the City of Atlantic Beach tree mitigation fund. Proposed enhancements to adjacent City Dog Park JA X\20 193 48_1 • Conveyance of land to the C ity of Atlantic Beach for expanded pond and recreation path (area shown in green on attached aerial) within o ne year of the completion of the project. The completion of the project is defined as the point in time at which th e owner has obtained all Certificates of Occupancy for the project and all required approva ls from the various departments that oversee new construction projects within the City of Atlantic Beach or any governing entity that has juris diction over the project. As a part of the conveyance of land, the City of Atlantic Beach w ill agree to sign and g rant the following easements to th e developer: Perpetual Drainage Easement for the right to drain into the modified retention pond. T hi s easemen t wi ll include the maintenance of the pond and include access rights fo r the owner to the pond and dog park for maintenance activities. Easement to reserve the right to util ize the property that was conveyed to the City of Atlantic Beach to allow for the development to be legal and conforming to all zoning requirements. The property will not be considered legal no n-confonning upon conveyance. Any access or utility easements that would be required by the owner or any governing body that would require such easement. AGENDA ITEM# 3A FEBRUARY 8, 2016 • Enlargement of the city owned and maintained retention pond immediately adjacent to the proposed development site for additional stormwater capacity for the Aquatic Gardens area of Atlantic Beach. The modifications to the existing pond will create approximately 3,053 Cubic Yards of additional volume at a water elevation of 7; of this capacity, approximately one-third of the additional storage is above and beyond the required capacity for our site. • As a part of the enlargement of the pond, the existing pedestrian area on the southern and eastern sides of the pond will be lowered to make them closer to the normal water level of the pond. The City of Atlantic Beach and the developer both acknowledge that during a significant rain event, the pond will rise over this modified pedestrian area to create additional storage volume for the pond. • The existing maintenance easement around the southern and eastern portion of the pond will be located within the pedestrian area of the pond as coordinated with SJRWMD. • Appropriate grass and tree materials will be planted on the southern and eastern portions of the pond within the pedestrian area. The pedestrian walkway will be grass. The developer will work with the City of Atlantic Beach to determine the correct tree species to plant in this area of the dog park. • Construction of a 12' by 12' cabana for shade, rain cover, etc. with the existing footprint of the dog park. The construction of the cabana will be of standard construction techniques and utilize masonry and wood frame construction. • All improvements outlined in this document are to be funded by developer. Additional benefits to City JAX\2019348_1 • Projected property tax revenue to the City will be approximately 8 times the existing assessed value. • Complete remediation of existing site contamination from former unpermitted solid waste dump. • Creation of delineated on-street parking on Aquatic Drive as overflow parking for Dog Park. • Construction of side walk on Aquatic Drive from intersection with Atlantic Boulevard to the Dog Park. Conceptual Image for the Proposed Development at Aquatic Drive and Atlantic Boulevard AGENDA I TEM #3A FEBRUARY 8, 2016 City of Atlantic Beach AGENDA ITEM # 4A FINANCIAL REPORT FEBRUARY 8, 2016 December 2015 Cash Balances Prior Current Dollar Percent Fund(s) 11/30/15 12/31/15 Change Change General $ 6,674,316 $ 9,830,965 $ 3,156,649 47.30% Tree Replacement 18,955 18,955 0.00% Convention Development Tax 121,735 113,310 (8,425) -6.92% Local Option Gas Tax 217,430 241,830 24,400 11.22% Better Jax 1/2 Cent Sales Tax 480,809 464,661 (16,148) -3.36% Police Training, Forfeiture, Grants, etc. 128,857 121,775 (7,082) -5.50% Capital Projects 2,787,621 2,957,432 169,811 6.09% Utility 5,280,059 5,561,108 281,049 5.32% Sanitation 417,367 421,674 4,307 1.03% Building Code Enforcement 417,094 428,991 11,896 2.85% Storm Water 1,620,298 1,633,866 13,568 0.84% Pension -Police 95,741 98,591 2,852 0.00% Pension -General 77,658 65,125 (12,533} -16.14% Total $ 18,337,941 $ 21,958,283 $ 3,620,343 19.74% Total Restricted Cash 7,149,685 Total Unrestricted Cash $14,808,598 Cash and Investments Prior Current Dollar Percent Account 11/30/15 12/31/15 Change Change Bank of America -Depository $ 2,537,914 $ 6,188,986 $ 3,651,072 143.86% Delaware Limited-Term Diversified IncA 2,483,321 2,480,673 (2,649) -0.11% Global X Gold Explorers ETF 4,169,603 4,163,128 (6,475) -0.16% lnvesco Floating Rate A 720,146 710,205 (9,942) -1.38% Voya Short Term Bond Fund Class A 4,162,016 4,150,280 (11 ,736) -0.28% MSSB Money Market/Cash 4,238,963 4,239,035 72 0.00% SBA-Florida Prime 22,827 22,827 0.00% Cash on Hand 3,150 3,150 0.00% Subtotal $ 18,337,941 $ 21,958,283 $ 3,620,343 19.74% Police Pension Investments $ 8,887,690 $ 8,829,177 $ (58,513) -0.66% General Pension Investments 15,781,008 15,622,938 (158,070} -1.00% Subtotal $ 24,668,699 $ 24,452,115 $ (216,583) -0.88% Total $ 43,006,639 $ 46,410,399 $ 3,403,759 7.91% City of Atlantic Beach AGENDA ITEM# 4A FINANCIAL REPORT FEBRUARY 8, 2016 December 2015 Revenues Annual YTD YTD Dollar Fund I (Footnote) Estimate Estimate Actual Variance General $ 11,762,799 $ 2,940,594 $ 5,540,004 $ 2,599,410 Convention Development Tax 96,307 24,072 34,123 10,051 Local Option Gas Tax 461,611 115,401 119,534 4,133 Better Jax 1/2 Ct Sales Tax 790,128 197,529 188,025 (9,504) Police Training, Forfeiture & Grants 89,150 22,281 14,253 (8,028) Grants 650,000 162,498 (162,498) Capital Projects 855,000 213,744 291,470 77,726 Utility 8,335,711 2,083,887 2,159,570 75,683 Sanitation 1,840,330 460,077 464,092 4,015 Building Code Enforcement 439,134 109,773 114,470 4,697 Storm Water 875,708 218,925 217,533 (1,392) Pension -Police 1,530,544 382,632 554,743 172,111 Pension -General 2,336,217 584,052 952,278 368,226 Total $ 30,062,639 $ 7,515,465 $ 10,650,095 $ 3,134,630 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 positive variance of $2,599,410. Most of this variance is due to the timing of receipt of ad valorem taxes, the majority of which are received in December. Grant Funds reflected a negative variance of $162,498, Grant revenue is reimbursement based, revenue will begin being collected in February. Pension Funds reflected significant, positive variances this month, $172,111 and $368,226, respectively, from the increased value of investments. Percent Variance 88.40% 41.75% 3.58% -4.81% -36.03% -100.00% 36.36% 3.63% 0.87% 4.28% -0.64% 44.98% 63.05% 41.71% City of Atlantic Beach AGENDA ITEM# 4A FINANCIAL REPORT FEBRUARY 8, 2016 December 2015 Expenses Annual YTD YTD Dollar Department Estimate Estimate Actual Variance Governing Body $ 40,384 $ 10,086 $ 9,675 $ 411 City Administration 2,544,554 636,024 601,825 34,199 General Government 587,118 146,727 95,882 50,845 Planning and Building 607,232 151,758 118,370 33,388 Public Safety 9,414,454 2,353,458 1,216,794 1,136,664 Recreation and Special Events 574,568 129,941 87,555 42,386 Public Works 8,491,734 2,122,743 1,220,996 901,747 Public Utilities 10,277,628 2,569,224 2,637,109 (67,885) Pension -Police 621,607 155,385 154,991 394 Pension -General 986,941 246,726 484,986 (238,260) Total $ 34,146,220 8,522,072 6,628,183 $1,893,889 Annual YTD YTD Dollar Resource Allocation Estimate Estimate Actual Variance Personnel Services $ 10,194,342 $ 2,548,878 $ 2,262,934 $ 285,944 Operating Expenses 11,374,803 2,844,277 2,140,818 703,459 Capital Outlay 8,964,980 2,225,923 276,161 1,949,762 Debt Service 1,964,401 491,088 1,533,550 (1 ,042,462) Grants and Aids 36,820 9,201 12,000 (2,799) Transfers 1,610,874 402,705 402,720 (15} Total $ 34,146,220 $ 8,522,072 $ 6,628,183 $ 1,893,889 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 $1,136,664. Most of the variance is the result of the Public Safety Building project-see Project Activity Schedule. Public Works had a positive variance of $901,747. Most of the variance is the result of project activity budgeted that has not been started/completed -see Project Activity Schedule. Pension-General shows a negative $238,260 variance for the period. In October, a large payout of $207,381.11 was rnade to a former employee's beneficiary. Operating Expenses had a positive variance of $703,459. 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 $1,949,762. 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 ,042,462; this was the result of the largest Public Utility debt service payment being rnade in October. Percent Variance 4.07% 5.38% 34.65% 22.00% 48.30% 32.62% 42.48% -2.64% 0.25% -96.57% 22.22% Percent Variance 11.22% 24.73% 87.59% -212.28% -30.42% 0.00% 22.22% City of Atlantic Beach AGENDA ITEM# 4A FINANCIAL REPORT FEBRUARY 8, 2016 December 2015 Project Activity-Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Encumbrances Balance Status Public Safety: NEW POLICE BLDG-DESICONST PS1501 3,026,667 7,590 126,377 2,892,700 $ 3,026,667 $ 7,590 $ 126,377 $ 2,892,700 Public Utilities: INLINE VALVE INSTALLATION PU1404 16,355 16,253 102 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 1,840 46,160 A CHLORINE AUTO CONTROL VAL PU1603 31,000 1,189 29,811 A CONTROL BUBBLER SYSTEM PU1604 15,000 574 14,426 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 19,000 727 18,273 A SOFTSTARTS LIFT ST. ABC&D PU1609 55,000 2,109 52,891 A 2 POINT REP. EFF GRAV ICW PU1610 30,000 30,000 E PHORPHOROUS TREATMENT FAG PU1611 225,000 24,833 200,167 I REPLACE DISKS KRUGER DISF PU1612 6,000 6,000 A INFLUENT SCREENS (2) PU1613 20,000 768 19,232 A REPLACE EFF PUMP #2 PU1614 50,000 1,916 48,084 A REPLACE RAS PUMP & MOTOR PU1615 50,000 1,915 48,085 A REPLAC INFLUENT PUMP WWTP PU1616 22,000 842 21,158 A Subtotal $ 1,501,517 $ 3,020 $ 104,108 $ 1,394,389 Parks Maintenance: RUSSELL PK RENOVATION PM1501 233,180 34,074 23,894 175,212 I DONNER PK PLAYGRND LIGHTS PM1503 6,500 6,146 354 E BULL PK PLAYGRND EQUIPMT PM1504 35,000 5,300 29,700 I DUTTON ISLE RD IMPROVMENT PM1505 25,000 24,620 380 E Subtotal $ 299,680 $ 40,220 $ 53,814 $ 205,646 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 7,378 49,126 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 $ 55,415 $ 50,485 $ 2,417,718 Total $ 7,351,482 $ 106,245 $ 334,784 $ 6,910,453 Status Key A -BidfRFP Advertised I -Project In-progress B -Bid Awarded N -CompletefNon-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 AGENDA ITEM: DATE: STAli'F REPORT City of Atlantic Beach Commission Meeting R adio Services Agreement January 19,2016 SUBMITTED BY: J. Mic hael Deal, Chief of Po~ STRATEGIC PLAN LINK: N/ A AGENDA ITEM # 4B FEllRUARY 8 , 20 16 BACKGROUND: The Cit y of Atlantic Beach currently uti lizes the C ity of J acksonville P25 radjo system. The City of Atlantic Beach owns the 800 MHz rad ios and relies on the City of Jacksonville for repeaters and other ixura s tructure to operate. The majority of the radios utilized by the City of Atlantic Beach arc within the Police Depa,riment. The City of Jacksonvil le radio system provides inter-operabil ity with other law enforcement agencies in th e area. Other departments in the C ity a lso util ize radios under this same system. Commencing on October I , 20 15 , the City of At lantic Beach was required to pay a fixe d monthly fee of $53.75 p er unit for service, suppmt, and installation necessary to maintain continuous access a nd operation under the City ofJacksonvi ll e radio system. Thls is a d ecrease of $0.46 co mpared to last year's (20 14) cost of $54.2 1 p er unit, and a $1.46 increase trom 2013 . This is the second amendment to the original agreement signed in 2013 . T he City of Jacksonvill e has requested Atlantic Beach s ign a Second Amendment to Radio Services Agreement ou tlining this c hange in cost. BUDGET: Approximate City-wide Annual Budget is $52,000. This cost is already incorporated in the FY 2015-16 budget. RECOMMEND A 1'10N: Authorize City Manager to sign the Second Amendment to Radio Services Agreement between the City of Atlantic Beach and th e C ity of Jacksonvill e. ATTACHMENTS: Second Amendment to Radio Services Agreement. J'lliVIEWED BY CITY MANAGER: ~ ?6u 2CP4' SECOND AMENDMENT TO RADIO SERVICES AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE CITY OF JACKSONVILLE AGENDA ITEM# 4B FEBRUARY 8, 2016 THIS SECOND AMENDMENT to Agreement is entered into effective as of October 1, 2015, by and between the CITY OF ATLANTIC BEACH, a municipal corporation in Duval County, Florida ("Atlantic Beach"), and the CITY OF JACKSONVILLE, a municipal corporation in Duval County, Florida (the "City"). Recitals: WHEREAS, effective October 1, 2013, the parties made and entered into a Radio Services Agreement approved and authorized by Ordinance 2013-424-E, as amended by that certain First Amendment dated February 22,2015, effective as of October 1, 2014 (the "Agreement"); and WHEREAS, from October 1, 2013, through the day and year first above written the parties have worked together continuously and without interruption under the Agreement; and WHEREAS, Ordinance 2013-424-E authorizes the Chief of the Information Technologies Division, on behalf of the Mayor and the Corporation Secretary, to execute amendments to the Agreement; and WHEREAS, the Agreement should be amended by (i) accepting, adopting, and ratifying all actions of the parties under the Agreement from October 1, 2013, through the day and year first above written, (ii) by setting forth the monthly fee for the period of service from October 1, 2015 through September 30, 2016, and (iii) by exercising the second of three one-year renewal options under the Agreement so as to extend the period of service through September 30, 2016, with one one-year renewal option remaining, with all other provisions, terms, and conditions of the Agreement remaining unchanged; NOW THEREFORE, IN CONSIDERATION of the mutual covenants and agreements hereinafter contained, the parties agree as follows: 1. The above-stated recitals are accurate, true, and correct and incorporated herein by this reference. 2. All actions of the parties under the provisions, terms, and conditions of the Agreement from October 1, 2013, through the day and year first above written are accepted, adopted and ratified. 3. Section 4 of the Agreement is amended by deleting subsection (a) in its entirety and replacing it with the following subsection: (a) Commencing October 1, 2013, Atlantic Beach shall pay the City a fixed monthly fee of $52.29 per Unit for the services set forth in this Agreement. Commencing October 1, 2014, Atlantic Beach shall pay the City a fixed monthly fee of $54.21 per Unit for the services set forth in this Agreement. Commencing October 1, 2015, Atlantic Beach shall pay the City a fixed monthly fee of $53.75 per Unit for the services set forth in this Agreement." 4. Section 7 of the Agreement is amended by deleting subsection (a) in its entirety and replacing it with the following subsection: AGENDA ITEM# 4B FEBRUARY 8, 2016 (a) Term. The term of this Agreement shall commence on the effective date and shall expire on September 30, 2016, unless sooner terminated as provided herein. This Agreement may be renewed for one additional one-year term with the written consent of the parties. Any subsequent renewal shall set forth any revision to the monthly service fee. 5. Except as expressly amended in this Second Amendment, the provisions, terms, and conditions of the Agreement shall remain unchanged and shall continue in full force and effect. [Remainder of page left blank intentionally. Signature page follows immediately.] 2 AGENDA ITEM# 4B FEBRUARY 8, 2016 IN WITNESS WHEREOF, the parties have duly executed this Second Amendment effective as ofthe day and year first above written. WITNESS: CITY OF ATLANTIC BEACH By: By: Name: ______________________ __ Name: Title: Title: ___________ _ Date: Date: ____________ __ Form Approved: By: ATTEST: THE CITY OF JACKSONVILLE By: By: ------~--------- Name: Name: Title: ____________ _ Title: ____________ __ Dme: ________________________ _ Date: ____________ __ Form Approved: By: Office of General Counsel In accordance with Section 24.103(e), of the Ordinance Code of the City of Jacksonville, I do hereby ce1tify that there is an unexpended, unencumbered and unimpounded balance in the appropriation sufficient to cover the foregoing agreement; provided however, this ce1tification is not nor shall it be interpreted as an encumbrance of funding under this Contract. Actual encumbrance[ s] shall be made by subsequent purchase order[ s ], as specified in said Contract. Director of Finance City Contract# _____________ __ g:\gov't operations\idavis\itd\p25 radio system agnnt_atlantic beach \second amendment 2015-2016.doc 3 Call to order MINUTES Board Member Review Committee Meeting January 28, 2016 5:00p.m. AGENDA ITEM #SA FEBRUARY 8, 2016 The meeting was called to order at 5:00 p.m. by Commissioner John Stinson. In attendance were Commissioner John Stinson (Chairman), Members Jerry Johnson, Mike Paschall, Cultural Arts and Recreation Advisory Committee Chair Grant Healy, and City Clerk Dmma Bartle. Recreation Programs and Special Events Director Timmy Johnson was also in attendance. Member Solomon Brotman was unable to attend. 1. Approval ofthe minutes ofthe BMRC meeting of December 1, 2015. Motion: Approve minutes of the Board Member Review Committee meeting of December 1, 2015. Moved by Healy, seconded by Paschall Motion carried unanimously 2. Interview the new candidates (listed below) for consideration to the Cultural Arts and Recreation Advisory Committee. A. B. 5:05pm 5:25pm Julia Rite Faye Wood The Committee interviewed each candidate listed above separately. An overview of the duties and responsibilities including the events, programs and activities of the Cultural Arts and Recreation Advisory Committee were explained to each of the applicants. Each candidate explained their personal accomplishments, experience, goals and interests in the community. The Committee offered the opportunity to ask questions and the Committee responded to those questions. 3. Make recommendations on filling vacancies on the Cultural Arts and Recreation Advisory Committee. (There are two (2) vacancies with terms ending 7/8/2016 and two (2) vacancies with terms ending 7/8/2017.) The Committee discussed the candidates and made the following recommendations: Motion: Recommend appointing Julia Hite as a member of the Cultural Arts and Recreation Advisory Committee for the unexpired term ending 7/8/2017. Moved by Paschall, seconded by Johnson Motion carried unanimously Motion: Recommend appointing Faye Wood as a member of the Cultural Arts and Recreation Advisory Committee for the unexpired term ending 7/8/2017. Moved by Healy, seconded by Paschall Motion carried unanimously 4. Other Business. The Committee discussed the difficulties the Cultural Arts and Recreation Advisory Committee has had in trying to keep members and the challenges they have for getting things done. The Committee CITY OF ATLANTIC BEACH AGENDA ITEM# SA FEBRUARY 8, 2016 Received BOARD I COMMITTEE MEMBER APPLICATION FO~N 2 2 2016 Please check (.,J) the box beside each Board or Committee that you are applying to serve on. If you check more than one, please rank your interest in each board I committee by order of priority. Office or City Clerk (A summary of each board/committee is available on page 2 of this form.) § Code Enforcement Board § Community Development Board Pension Board of Trustees Board Member Review Committee Cultural Arts and Recreation Advisory Committee DATE: 1-21-16 APPLICANT'S NAME: Julia Hlte ADDRESS: 1055 East Coast Dr Atlantic Beach, FL 32233 DAYTIME PHONE: 904 710-8972 (cell) EVENING PHONE: _______ _ E-MAIL ADDRESS: tahsdad@aol.com FAX: ________________________ ___ Please explain any employment experience, board/committee experience, and/or community volunteer experience relative to the board/committee applying for. I am a registered nurse by profession and was in a supervisory position for many years. Currently, I am the Facilities Manager for The Museum, The former Jacksonville Art Museum. I am responsible for maintaining a 22,000 square ft, building We host art shows, lectures, not for profit galas and professional meetings. Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. I am a very organized individual with a strong sense of community. Please return completed form to Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of Trustees are required to file Statement of Financial Interest Forms. Also, information regarding "Conflict of Interest" is provided on page two of this application. This application will expire two (2) years after date of submittal. AGENDA ITEM II SA FE ORUARY 8, 2016 CULTURAL ARTS AND R ECR EATION ADVISORY COMMITTEE Created by Resolution #02-13 J uly 8, 2002; Amended by Res. #03-5 & 10-08 Total of nine (9) citizen members Meets at 6:00p.m . the 4th Tuesday of the month 2 -year t erm; 4-term limit NAME/ADDRESS Grant Healy 2075 Vela Norte Atlantic Beach, FL 32233 VACANT Lou i s Ca ntania 2279 Seminole Road # 4 A tl antic Beach , FL 32233 VACANT Pamela White 2069 Selva Marina Drive A tl anti c Beach, FL 32233 VACANT N ick M a li e 52 15 Antares Cou rt Atlantic Beach , FL 32233 VACANT Jay Wilson 1842 Hickory Lane A tl antic Beach, FL 32233 Timmy Johnson Director, Recre ation & Special Events Della Giovanni Administrative Assist a nt EITec ti vc 12/8/ I 5 EXP.DATE 07/08/2016 Chair (1 at Term) 7/08/2017 7/08/2016 (2nd term) 07/08/2017 07/08/201 6 (1 't Term) 07/08/2016 07/08/2017 (2 nd Term) V ice Chair 07/08/2016 07/08/2016 (1 st Ter m) S ta ff Liaison Record in g Secreta ry CONTACT INFORMATION (904) 241 -5391 (daytime) (904) 9 10-921 4 (evening) ga healy@comcast.ne1 (904) 616-7800 lca tania@bell south .net (9 04) 616-2799 (daytime) (904 ) 246-7041 (evening) Pjwhite25@comcast.net (904) 249-8382 Nickmalie@yahoo.co m (904) 221-3211 ja~rbwil son<O:lgmail com (904) 247-5828 (w) (904 ) 24 7-5828 (w) CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 7A FEBRUARY 8, 2016 AGENDA ITEM: Natural Gas Franchise SUBMITTED BY: Nelson VanLiere~ City Manager DATE: January 15, 2016 BACKGROUND: The existing Natural Gas Franchise Agreement with TECO is expiring. BUDGET: TECO wishes to continue this franchise with the City. The Attached agreement has been negotiated with TECO. It is for a period of 15 additional years with conditions remaining virtually unchanged. This Franchise Agreement was initially presented to the Commission in August 2015. Two additional clarifications were requested. The required insurance requirements of Section 13 remain unchanged as after discussion with TECO and our City Attorney these limits were found to be the limits normally found in similar Franchises. The definition of "accepted industry practice" was clarified with the addition of a second sentence to this section. Gas companies are regulated by the Florida Public Service Commission. They oversee the requirements for all aspects of the gas industry including maintenance. TECO was unwilling to further attempt to describe the current regulations or the changes that might occur during the life of this agreement. TECO contributes 6% of its gross revenues to the City as a fee for this franchise. RECOMMENDATION: Approve the attached Ordinance extending this franchise agreement ATTACHMENTS: Draft Franchise Agreement-ORDINANCE NO. 40-15-22 1 NATURAL GAS FRANCHISE AGREEMENT ORDINANCE NO. 40-15-22 AGENDA ITEM# 7A FEBRUARY 8, 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# 7A FEBRUARY 8, 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 SECTION 2: GRANT AGENDA ITEM# 7A FEBRUARY 8, 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 ofthis 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 umeasonably 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# 7A FEBRUARY 8, 2016 operation of the Distribution System for the purpose of securing payment ofmonies borrowed by the Company. SECTION 5: CITY COVENANT As a further consideration for this Franchise Agreement, the City covenants and agrees that it will not, during the term of this Franchise Agreement, engage in the business of distributing or selling Natural Gas within the corporate limits of the City, as modified, during the term of this Franchise Agreement. SECTION 6: USE OF STREETS The Distribution System shall be erected, placed, or laid in such manner as will, consistent with necessity, least interfere with other public uses of the Rights-of-way, and said Rights-of-way shall not be unnecessarily obstructed, and before, except in an emergency situation, the Company makes any excavation or disturbs the surface of any of the Rights-of- way, it shall make application for a permit to the appropriate City authority. The City shall issue, or if applicable deny, permits within ten (1 0) business days of application by the Company. In consideration of the franchise fees contemplated in this agreement, the City shall not charge the Company any fees for the issuance of such permits. The Company shall, with due diligence and dispatch, place such Rights-of-way in as good a condition as before such excavation or disturbance was made; provided, however, that should the Company fail, within ten (1 0) days of its receipt of written notice from the City, to restore such Rights-of-way, then the City may undertake such restoration (other than any restoration work on the Distribution System) and charge the reasonable cost thereof to the Company. 4 AGENDA ITEM# 7A FEBRUARY 8, 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 7: MAINTENANCE All such components of the Distribution System of the Company located within the City shall be installed and maintained in accordance with accepted industry practice and 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# 7 A FEBRUARY 8, 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# 7 A FEBRUARY 8, 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 during the term of this Franchise Agreement, the Company, its successors or assigns, shall pay to the City, or its successors, a sum of money equal to six percent (6%) of the Company's Gross Revenue, less any adjustments for uncollectable accounts, from the sale of Natural Gas to Customers within the corporate limits of the City. The franchise fee payment shall be deemed paid on time if post-marked within thirty (30) days of the close of the preceding billing month. 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# 7A FEBRUARY 8, 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- insurance. Every such insurance policy shall contain a provision whereby every company executing the same shall obligate itself to notify the clerk of the City, in writing, at least thirty (30) days 8 AGENDA ITEM# 7A FEBRUARY 8, 2016 before any material alteration, modification, or cancellation of such policy is to become effective. SECTION 14: INDEMNIFICATION In consideration of the permissions granted to the Company by this Franchise Agreement, the Company hereby agrees to indemnify and hold harmless the City, its officers, agents and employees from and against claims, suits, actions, and causes of action, to the extent caused by the Company's negligent operation of the Distribution System within the City during the term of this Franchise and resulting in personal injury, loss of life or damage to property sustained by 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# 7A FEBRUARY 8, 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# 7A FEBRUARY 8, 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. ATTEST: _________ _ DONNA L. BARTLE, CMC CITY CLERK 11 MITCHELL E. REEVES MAYOR APPROVED AS TO FORM AND CORRECTNESS: Accepted this __ day of _______ , 2015 AGENDA ITEM# 7A FEBRUARY 8, 2016 PEOPLES GAS SYSTEM, A DIVISION OF TAMPA 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 #7B FEBRUARY 8, 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: SUBMITTED BY: DATE: STRA TEGlC PLAN LINK: BACKGROtJND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90 -Day Calendar for the Mayor and Commission AGENDA I TEM # 9A FEBRUARY 8, 2016 Yvonne Calverley, Executive Assistant to the C ity M anage~ c._.. January 26,201 6 None The 90-day ca le nd ar is inc luded on the agenda for t he purpose of settin g meetin g dates, determinjng th e location, time and wh ether or not to v ideotape sp ecial meetings and workshops if the Conmli ssion desires. The rolling 90-day cal end ar will be revised after receiving input from City staff and the Commission and will be included in each agenda for conside ration . Special note: • Commission Photo s a re schedul ed for Monday, February 2211 d. (Commjssioner Harding -5:30pm and Group Photo at 6 pm). • Com mis s ion Meeting sch ed uled for Thursday, February 25 1h at 6 pm for eval uati on and r anking of new C ity Attorney/Firm . • Commission Meeting sch ed ul ed ior T uesday , March 8111 at6 pm for o ra l presentations and final se lection of new City Attorney/Firm . BUDGET: None RECOMMENDATION: Approve the 90 -Day Calendar for february through April 20 16 ATTACHMENT: 1) Mayor and Comm issio n 90-Day Ca lend ar (February throug h April 2016) CITY MANAGER: ~1 (/~ ;7~