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3-28-16 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING March 28, 2016 -6:30 PM AGENDA Invocation and pledge to the flag Call to order 1. A. B. C. D. Approve the minutes of the Commission Meeting of March 14, 2016. Approve the minutes ofthe Special Called Meeting on March 8, 2016. Approve the minutes of the Commission Workshop on March 8, 2016. Approve the minutes of the Commission Workshop on March 7, 2016. 2. Courtesy of Floor to Visitors A. Citizen Life Saving Award. 3. Unfinished Business from Previous Meetings A. Application for a State Historical Marker to Commemorate Combat Team Camp Atlantic Beach. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Report for January and the Finance Monthly Report and Recreation and Special Events Report for February. B. Award Bid for the Dutton Island Road Path Project to BGCO, Inc. in the amount of $427,340.32 (Bid 1516-08). C. Authorize the City Manager to approve Purchase Orders up to the budget amount for the FY 2015-2016 Resurfacing Project. Staff intends to 'piggy-back on existing large scale contracts for resurfacing as allowed by the City's Purchasing Code 2-336(6). D. Approve the purchase two (2) Gorman-Rupp Pumps in the amount of$61,933 from Hudson Pump & Equipment Associates, Inc., as they are the sole source distributor of Gorman- Rupppumps. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 45-16-22, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF 1 MINUTES REGULAR CITY COMMISSION MEETING March 14, 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 Van Liere City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Commissioner Waters gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: AGENDA ITEM #lA MARCH 28, 2016 City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves called the meeting to order at 6:35 p.m. 1. A. B. C. D. Approve the minutes ofthe Commission Meeting of February 22, 2016. Approve the minutes of the Special Called Meeting on February 25, 2016. Approve the minutes ofthe Public Meeting on January 23, 2016. Approve the minutes of the Public Meeting between Mayor Reeves and Commissioner Waters on January 7, 2016. Mayor Reeves asked ifthere were any corrections to the above minutes. He pointed out a scrivener's error at the bottom of page 1 on the Special Called Meeting of 2-25-16 that states Mayor "Woods" but should state Mayor "Reeves". There were no other corrections, so Mayor Reeves stated the minutes will stand as corrected. 2. Courtesy of the Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors. Mayor Reeves explained the process for public comments. Nancy DeCandis, 515 Sturdivant St., spoke against the Gate gas station and asked that they send it to the Community Development Board. John Reich, 836 Cavalla, addressed the flooding in November that occurred on Cavalla Road. He asked the City to keep an open communication with the residents on the steps the City is taking to alleviate the flooding in this area. He also thanked the City for expediting the permitting process for rebuilding their homes. Susanne Barker, 1938 Beachside Court, speaking as a member of Atlantic Beach Cares, addressed the Gate gas station stating the citizens have filed an appeal against the permit that was issued for the Gate station. March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page2 Chris Jorgensen, 92 W. 3rd St., stated he will miss City Attorney Komando. He addressed the chaotic meeting held for hiring the City Attomey, and spoke against the suggestion of limiting public speaking to 3 minutes. Betsy Cosgrove, 116 Poinsettia St., spoke against the Gate gas station and addressed the three appeals against the Gate station. Donna Rex, 797 Mayport Rd., CEO-Beaches Habitat for Humanity, thanked City employees, Jeremy Hubsch and Kayle Moore for their assistance as they have moved through the process of building Ocean Gate. She stated she hopes they will agree that they done everything they said from the beginning and are providing to the City a new and pretty upscale development for affordable housing, that pminers with the City in the Comprehensive Plan. She stated, as an owner of prope1iy here in Atlantic Beach, they were also affected by the flooding and hopes the Commission will be proactive the next time rain is predicted to be 1 0- 15 inches, with putting out pumps or something to pull the water away, so they aren't flooded as before. She offered AmeriCorps and Beaches Habitat staff to the City in the event of a hurricane, if there is any damage or the need for trained professionals to help in the future. Marcus Pickering, 834 Cavalla Rd., addressed the flooding on Cavalla, Royal Palms and Aquatic Gardens, stating it has happened frequently since the drainage project completed by R.B. Hunt. He stated he had some photos of the flooding. He thanked Commissioner Hill for his offers of assistance during the flooding. He expressed concern that there are still homes that have not been properly cleaned since the flood. Mayor Reeves asked that he distribute the photos to the City Clerk who will copy them for the Commissioners and the City Manager. City Clerk Bartle stated she will also scan them. Becky Hamilton, 9540 San Jose Blvd., representing Gate Petroleum, announced that Gate Petroleum will hold an open house to discuss its plans to replace the decaying shopping center at 535 Atlantic Blvd. with a new Gate neighborhood store. She stated the event will be held on Tuesday, April 5, from 5:30-7:30 p.m. at the Adele Grage Community Center. She stated mailers will be sent to all residents of Atlantic and Neptune Beach. She stated at the meeting residents can learn about the store's proposed design and can meet with their architects, engineers, and safety, environmental and traffic experts who can answer their questions and further discuss the project with them. Meade Coplan, 10 lOth St., stated the president of the Cloister Association could not make the meeting tonight and asked her, as vice president of the board to address the Commission on item 8C, the traffic study request by Commissioner Stinson. She suggested a professional traffic engineer be hired to oversee the study. She also stated she believes one of the traffic counters recommended in the agenda item has a typo on 1 a. (2) iv., which says lOth Street between beach access and Beach Ave, should say between Ocean Blvd. and the beach access, which will include all the traffic coming off on Ocean from lOth St.. She stated she believes the study should also include pedestrian, bikers, etc. traffic, as well as vehicular traffic. She asked if the public safety member of the committee was meant to be Chief Deal. Brad Kennelly, 2265 Beachcomber Trail, addressed the apartment development on Aquatic Drive, drainage problems and the issues with the municipal pond. He stated he believes the new attomey should look at the contract. He suggested the City make them do on-site retention. No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to visitors. Mayor Reeves addressed the last Special Called meeting of the Commission, stating he has been very concemed about how that meeting went. He stated he believes we owe the City of Neptune Beach, their March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page3 citizens and both attorneys who interviewed that night a deep apology. He stated he believes in the first amendment and he believes every Commissioner up here has a right to give their opinion at any time about anything, but he believes there is a fine line between the importance of being infmmed and following the rules. He stated the Commission has a set of standards and rules and he remembers both attorneys said, in talking about conflicts, that attorneys have a set of rules they go by too. He stated he believes they were the most transparent, allowing every Commissioner to ask questions. He stated the next morning he met with the City Manager of Neptune Beach and Mayor Pruette and personally apologized. He stated they need to maintain a good and cordial relationship with our neighbor; they have great projects coming up, i.e. Town Center overlay, parking, etc. He stated he intends to establish meeting rules to assure this situation never happens again. He stated he has reached out to a group about Robe1is Rules and has asked if they will meet with the Commission at a workshop. He stated he believes that is impmiant and that the Commissioners understand when they can speak and cannot speak. He stated he will never restrict anyone sitting up here to say anything they want to say but they owe it to our citizens to run these meetings properly, professionally and with comiesy. Commissioner Waters stated she has a family history of involvement in local politics. This may be a small town and they may have matters of concern that are not national matters of concern but this is our town and she believes statesmanship is important. She stated there is a lot that can be done within Roberts Rules of Order that still is unstatesmanlike conduct and she believes it is just as important to give measure to common courtesy, good manners and basic respect in the Chamber to everybody here. She stated they can all reach their goals even with keeping to the confines of basic common courtesy. Commissioner Hill stated, related to the incident that occurred on the Special Called meeting that caused everybody so much stress, he wouldn't change a thing. He stated it was very important; it was a job interview and very tough questions needed to be asked and very basic answers weren't being given. He stated events were playing out in our sister city and he couldn't avoid talking about them publicly because we were about to take on the end result of some of those events. He stated when Mayor Reeves stated he would stick with our sister city right or wrong, he refuses to do it for the wrong; he will only stick with anyone who is right. He stated he does not have any remorse whatsoever other than, because of the nature of the content and the press that was made to dig into it, issues that hadn't played all the way out probably were dragged farther into the process than maybe they should have. He stated for that he does apologize. He stated he doesn't believe they were out of order and he doesn't think he was out of order for asking very difficult questions and exposing really serious concerns he had. He stated it is his nature to get to the bottom of things and he doesn't believe Atlantic Beach is in any way poorly represented and he doesn't believe an apology is necessary from Atlantic Beach for repeating the common things that were in the newspaper about employment issues; and we were about to hire the person giving the legal advice. He stated he doesn't know how that could possibly require an apology. He thanked the Mayor for his comments, but stated he just doesn't agree with him. Commissioner Stinson stated he believes it's impmiant that they maintain the statesmanship that Commissioner Waters described and that they treat everyone with respect and consideration in all matters. He stated he agrees that Commissioner Hill has the right to ask very tough questions and believes the replacement of Mr. Komando was very important to our City. He stated he apologizes for digging in; his concern was that Commissioner Hill seemed to know something and he wanted to know what he knew because it might have affected his decision. He stated what he believes they owe the City of Neptune Beach an apology for is the way that played out in the paper. He stated they can't control the paper, but he believes some of the descriptive they used that evening in the discussion and questioning maybe portrayed how they look at their neighbors to the south a little differently than they actually feel. He stated for his pmi in that, he would like to say publicly, as a citizen of Atlantic Beach and as an elected official and their neighbor, that he apologizes for how that played out in the papers. 3. Unfinished Business from Previous Meetings A. City Attorney Contract. March 14,2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page 4 City Manager Van Liere stated this is to enter into a contract with Lewis, Longman and Walker for City Attorney services as a result of the meeting they were just talking about. He stated he was instructed to negotiate and they came up with a hybrid, where pmi of the contract is a retainer and the rest is an hourly rate. He explained the contract will allow them to operate within the existing budget; however, it will mean a change in the way City staff and Commissioners think about their time spent with the attorney. He stated they will need to keep their communications down to what's needed to get the job done. He stated he believes this is a good contract and we will do well by it. Motion: Approve the contract as presented. Moved by Waters, Seconded by Stinson Human Resources Director Cathy Berry asked that they add, to direct the City Manager to enter into the contract. Commissioner Waters stated she would amend her motion. Amended Motion: Approve the contract as presented and direct the City Manager to enter into the attached contract with Lewis, Longman and Walker, P.A. on behalf of the City for future legal services. Moved by Waters, Seconded by Stinson Commissioner Waters asked the City Manager to explain what he is planning to put in place. Mr. Van Liere explained, for the Depmiment Heads and other City staff, they will direct their questions for the City Attorney through him unless a specific project they are working on would authorize them to work directly with the City Attorney. He stated he can't keep track of the time the Commission spends with the City Attorney but Ms. Durden will give the City a countdown if they get to around $7,000 in a month and they may need to dial it down or postpone something to the next month. Mayor Reeves asked that he explain what a hybrid is. Mr. Van Liere further explained the contract. Mr. Komando explained the arrangements for the transition to Ms. Durden. Fmther discussion ensued. Commissioner Stinson requested that a report on legal fees be included in the City Manager's repmi every month. Commissioner Stinson reported that Ms. Durden had requested to meet with him following the last Commission meeting and they had a very good meeting. Commissioner Hill asked to have a formal discussion on the next meeting about how the Commission intends to use the City Attorney. Commissioner Stinson suggested that be workshopped before the next Commission meeting. Mayor Reeves agreed, stating he has some suggestions on how they can save time. Mayor Reeves reported that Ms. Durden also met with him and they also had a good meeting and came out very positive on both sides. Commissioner Hill concuned with the workshop concept vs. the discussion being at the Commission meeting. Mayor Reeves stated they can work with that or they can have a roundtable meeting like they did before. It might not be a workshop. Commissioner Harding agreed to have the itemization of legal charges for at least the first few months so they understand how the charges are being billed to the City and how much is due to Commissioners calling for information. He thanked staff for working out the contract. He believes it is reasonable and within our budget. March 14, 2016 REGULAR COMMISSION MEETING Roll Call Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mayor Reeves congratulated Ms. Durden, stating they are happy to have her on board. AGENDA ITEM #lA MARCH 28, 2016 Page 5 Brenna Durden, 245 Riverside Avenue, Suite 150, Jacksonville, thanked the Commission for the oppmiunity to address the Commission. She stated she and her entire firm are pleased to have been selected to serve as Atlantic Beach's City Attorney. She stated last week was a bit of a wild ride and knows that was difficult, but throughout all of the ups and downs, her goal was to be thoughtful and to strive to be professional and fmihright. She stated she was impressed with the City Manager and HR Director this past week and they were very helpful and focused on the best outcome for the City. She stated it was crucial to her to have the oppmiunity to set the meetings up with both Mayor Reeves and Commissioner Stinson. She stated the role of the City Attorney is so impmiant that she felt that to have unanimous support from this board was essential. She stated those meetings were a great opportunity for her to have a forthright discussion with the Mayor and Commissioner Stinson. She stated it gave them an oppmiunity to ask her questions and for her to tell them how she felt about going forth with the City's business. She stated she wanted to publicly thank both of them for the time they took to meet with her and their willingness to recognize that maybe in the future they could vote for her like they did tonight. She stated if they view her as part of their team, she believes together they will continue to make Atlantic Beach an awesome place to live and to do business. Mayor Reeves asked that she also speak with the other Commissioners, if they want to. Ms. Durden stated she had mentioned to Mr. VanLiere and Ms. Berry that she believes that is very important and she will find time to have those meetings with the three she has not already met with individually. Commissioner Stinson asked that the HR Director and City Manager sit down with Ms. Durden to debrief the process we went through, see what worked in the process, what could have been done better, etc., so they get to know the candidates a lot better early on in the process. B. Approve the contract between the City of Atlantic Beach and TriBridge Residential for the proposed improvements to the retention pond and dog park. Mr. Van Liere explained the contract, stating if they have any questions, William Norris of TriBridge is here. Motion: Approve the contract with TriBridge Residential as submitted. Moved by Waters, Seconded by Harding Commissioner Stinson asked who is going to maintain the pond and believes it needs to be in the contract. Commissioner Waters related issues residents of Aquatic Gardens discussed with her, including that the Dog Park is a membership only park that it is not accessed or used by the citizens in the neighborhood who would be most directly affected by the development. They also expressed concern about the safest non-car route to the beach, stating there is another parldpond adjacent to Beaches Aquatic Club that could be a potential path into Cavalla. They also suggested putting a fountain in the retention pond, benches with shade trees, crosswalk and creating the path, etc. She stated they considered the amenities to the dog park but didn't March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 6 consider that it wasn't accessible to all the members of the neighborhood. She stated if the cost of those improvements could be figured into the project, it would go a long way in making this project more appealing to the neighbors. She stated before they ask Mr. Non-is if this is something he would consider, she wanted to see if the rest of the Commission would say they are interested in having him address this. Mr. Van Liere stated he doesn't understand the question about that neighborhood not having access to the dog park because it is membership driven, since membership is open to any residents. Commissioner Waters explained it is because many of them either don't have dogs or don't pay for a membership, so they don't/can't utilize the park. Commissioner Hill expressed his concerns about the flooding incident and stated they are going to allow a developer who has great intentions and has worked really hard to shed a percentage of their storm water in a way that doesn't take full ownership but shares the ownership of it in the one spot in the City that appears to need the drainage the most and then cover that with as much density and capacity as the dili will possibly hold. He stated his biggest concern is that the water is not going to stay on the propeliy where it belongs per our Code. Mr. Nonis answered questions from the Commission. Discussion ensued. Mr. Van Liere showed slides of what was under the ground when they dug the hole for the pond in the dog park, stating TriBridge has soil borings that indicate that on their site as well. Mayor Reeves asked Mr. Nonis if he had an estimate of how much his company would spend to get that land back where it could be used. Mr. Nonis stated they are canying a budget of close to $1 million on top of the purchase price of the dili. Fuliher discussion ensued. Mr. Non-is stated they have had follow-up meetings with Public Works and with the Water Management District and the Water Management District stated they prefer them to expand the existing pond because it serves that basin area. He stated their expansion ofthe pond does more to help with the cleaning of the water within the pond before it goes out to Hopkins Creek than it would if they had just a smaller 287 cubic foot pond on their own propeliy. He fuliher stated, regarding Commissioner's Stinson's question about cost of maintenance for the pond, his understanding from Public Works is that they will be paying a fairly substantial monthly fee for the amount of impervious area that is on the site. He stated they are contributing for any of the costs the City would have in maintaining the pond, as are the businesses immediately to the west whose runoff is also tied into this pond. He stated there is a precedence for the pond serving more than just the Hopkins Creek basin. Building and Zoning Director Jeremy Hubsch and Interim Public Works Director Kayle Moore answered questions from the Commission. Mr. Nonis explained the proration they will pay for the period the dog park will be closed. Fuliher discussion ensued. Commissioner Waters stated she doesn't know if there is consensus but asked ifMr. Nonis would address the additional improvement to the other park and creating a footpath. Mr. Norris stated at this point they do not have any more money in their budget. He explained the items they have offered to do in the existing dog park and hopes that will be sufficient for the City to consider approving this contract. He answered additional questions from the Commission. Mr. Van Liere noted the additional fees the developer will be paying. Mr. Moore answered additional questions from the Commission. Mr. Norris answered Commissioner Stinson's AGENDA ITEM #lA MARCH 28, 2016 March 14, 2016 REGULAR COMMISSION MEETING Page 7 question regarding the pervious/impervious percentage of the development, stating their cunent design is at 56% impervious to pervious, although since the site is zoned commercial, they are allowed to go up to 70%. Commissioner Stinson stated he would like to table this until after the discussion about Aquatic Gardens Stormwater Management. Motion: Table until after discussion on Aquatic Gardens Stormwater Management. Moved by Stinson, Seconded by Waters Discussion ensued. Mr. Nonis stated part of what they are asking the Commission to approve is the agreement for their ability to use the pond. He stated they have spent many hours going back and forth with the City Attomey and City Manager and have spent several months meeting with Public Works and it has been a methodical process to get to the point they are at now and asked that they reconsider their move to table this for a conversation on a Code issue that is not gennane to what they are asking them to consider tonight. Discussion ensued. Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report and the Recreation Programs/Special Events Report for January 2016, the Major Public Works Projects Status for 2/17/16 and the Building Department Monthly Activity Report for December 2015. B. Approve the Interlocal Agreement with the City of Jacksonville, City of Atlantic Beach, City of Jacksonville Beach, City of Neptune Beach and the Commander, U.S. Naval Station Mayport, U.S. Navy for Conduct of the Sea and Sky Spectacular and authorize the City Manager to sign the agreement. C. Approve the purchase two (2) Gorman-Rupp Pumps in the amount of $61,933 from Hudson Pump & Equipment Associates, Inc., as they are the sole source distributor of Gmman-Rupp pumps. Mayor Reeves asked if anyone wanted to pull an item. Commissioner Stinson pulled Item C. He asked what is the purpose of the pumps. Mr. Moore explained that the pumps are to replace the old ones at the wastewater treatment plant and explained what they are used for. Mr. Moore answered additional questions from Commissioner Stinson. Commissioner Stinson expressed concem about not bidding this out. Mr. Moore also answered questions from Commissioner Waters. Mr. VanLiere explained the RFP process and why it was recommended by J. Collins Engineering and Associates, who built our plant, that we continue with Gmman-Rupp pumps and Hudson Pump is the sole source distributor in this area. Mayor Reeves March 14,2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page 8 expressed concem about this not going out for bid. Discussion ensued. Mr. Moore answered questions from Commissioner Stinson related to the purchase of the Gorman-Rupp pump purchase. Commissioner Waters stated she wants to see the specs for the pumps being used in Jacksonville Beach and Neptune Beach and the cost of replacing parts instead of replacing the pumps. Mr. Moore stated he would need some fmiher clarification on that from the City Manager as they put that together. Fmiher discussion ensued. Mr. Van Liere asked if they don't use the standard that Mr. Collins had recommended, will it take engineering to do different brackets and mounts to line those pumps up. Mr. Moore explained whether it would be engineering by the company they purchase the pump from, which would be incorporated into the cost of the pump, or if they get the pump at a lower cost and have our contractor engineer something, there would be a cost associated with it. Mr. Van Liere stated Mr. Moore would be happy to give the Commissioners a tour of the facility to see where these pumps are and what they do. Commissioner Stinson offered to sit with staff and give them his experience and expe1iise in pumps to help at least make sure they are spending our dollars wisely. It was the consensus of the Commission to bring Item C back on March 28. Motion: Approve Consent Agenda Items A, B, as written. Moved by Hill Votes: Aye: 5 -Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 45-16-22, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENALTIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. Motion: Approve Ordinance No. 45-16-22 as read. March 14, 2016 REGULAR COMMISSION MEETING Moved by Stinson, Seconded by Waters AGENDA ITEM #lA MARCH 28, 2016 Page9 Commissioner Hill stated he has some legal questions he wanted to ask the incoming attomey about the role and function of the City Clerk as a whole and wanted to defer this. Mr. Komando stated a motion to defer has to be time certain. Motion: Defer to the next scheduled meeting. Moved by Hill, Seconded by Stinson Commissioner Stinson explained why this Ordinance was on the agenda, stating he had a meeting with Mr. Komando, the City Clerk and the City Manager about this issue. He stated they had posted a job that actually moved some ofthe responsibilities defined by our Codes fi:om the City Clerk's office to the City Manager's office, in particular Business Tax Receipts, and he believed it was important, because it was specified in the Code that they make the change if that role and responsibility was actually moved from the Clerk's office. Commissioner Waters asked Commissioner Hill what the issues were that he wanted clarified, because there is a time sensitive component. She also asked the City Manager how imperative is the time sensitive component of this. Commissioner Hill stated he would be interested in the City Manager's answer also and what the driving factor is. He stated if it is time sensitive and they need to take action he would move forward but if the two weeks are not imperative he would rather delve into it a little farther. City Manager VanLiere stated he had gotten the ordinance ready for this meeting at Commissioner Stinson's request but also because there is training involved in the software it takes to do the job and there is a renewal period for business tax receipts at the end of the year, they wanted to give the employee time to get up to speed; May 1 was a good time to set as a start date for that. He stated if that slipped a month or so, it wouldn't change anything if they have other questions about it. He stated he offered this solution because, although the Clerk's office had been doing this for years, he believed the Finance Department could do it a little more efficiently. He stated they have a number of employees trained in billing and taking of cash receipts, which is a similar function. He stated in order to streamline operations at City Hall, combining some job duties, he believes the Finance Department would be able to pick this one up. He stated the training that is coming will be a new program and believed that now would be a good time to make the transition so the new employee could leam with the new program and alleviate the Clerk's office from having to go through that process. He stated the staff in Finance are already taking the payments and the Building Department handles part of it, as well, so he was just looking to consolidate. He stated this ordinance also takes care of some glitches, i.e. if a business didn't pay their tax receipt we would cut their water off. He stated we do not do that and have never done that, so he wanted to get that out of the Code. He stated it would also fix some dates and hardship consideration for partial year payments. He stated whether or not the duties get transfened, those other two items need to be done anyway. Mayor Reeves called for a vote on the motion to defer. Roll Call Votes: Aye: 4 -Hill, Waters, Harding, Reeves Nay: 1 -Stinson MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Emergency Management Response Mock Drills. March 14,2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 10 Commissioner Stinson explained his reason for putting this on the agenda. He stated he recommends putting a team of people together to meet with the City Manager and Chief of Police to have a table exercise to determine how the City would manage the emergency. He asked that they move it forward for staff to begin that exercise. Discussion ensued. Chief Deal summarized his handout, explaining the Incident Command Systems (ICS), Emergency Operations Center (EOC), and the (National Incident Management) NIMS systems and the various roles of the staff and Commission during emergency events and our relationship with Jacksonville's Division of Emergency Management. Further discussion ensued. Chief Deal stated he would like to see the Commissioners tour the Emergency Management facilities so they can learn what their roles are. Commissioner Stinson stated he believes it is important that they walk through these exercises before an incident happens and start with small localized things that affect Atlantic Beach only. Mr. Van Liere stated the recommendation was to work with a member of the Commission and asked if they want to select one of the Commissioners tonight to participate in the meetings when they have them. Commissioner Harding volunteered to be the Commissioner to attend these meetings. Commissioner Hill asked that they notice the meetings so any of the Commissioners could attend, if possible. Mr. Komando stated they would also need an agenda and minutes of the noticed meetings. It was the consensus of the Commission to have Commissioner Harding take the lead on these meetings. B. Aquatic Gardens Stormwater Management. Commissioner Stinson stated our stormwater management system is inadequate and believes they need to look at it. He stated they need to reevaluate the stormwater management system and make recommendations for what it is going to cost to deal with these issues and bring those back to the Commission to decide whether they are going to do it or not. City Manager Van Liere stated, from speaking with Rick Carper, he believes the best way to handle this is comprehensively with the stormwater engineers. He stated to move this forward they would need to do a scope of services and an RFP for an engineering firm to update our master plan again and broaden the scope to include Neptune Beach's system as well. He stated it may mean another $100,000 to do that. Commissioner Waters stated she believes they need to also have a discussion regarding how they develop and what amount of lot they allow to be covered with further development. Discussion ensued. Jeremy Hubsch explained the pervious/impervious coverage requirements, stating impervious surface is still 50% on residential properties, but in our commercial zoning district it does allow 70% impervious surface coverage because generally on commercial sites you are more likely to see the need for surface parking. He stated when someone is doing a PUD or SPA on a large site, there are a lot of shared or open spaces so applicants request a waiver during that PUD process to allow each individual lot to have up to 60-65% of impervious coverage but the overall site generally averages out well below that. Discussion ensued. March 14,2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 11 It was the consensus of the Commission to move forward with a special workshop for this project and to look at other related ordinances that may need to be rewritten. Item 3B was brought back and discussed at this time. 3B. Approve the contract between the City of Atlantic Beach and TriBridge Residential for the proposed improvements to the retention pond and dog park. Mr. Komando stated since there was a delay in time, he asked that they restate the motion. Commissioner Stinson stated the recommendation, which was not pmi of the original motion, also authorized the City Manager to execute any other documents necessm·y, not just the contract, so they may want to include that in the motion as well. Motion: Approve the contract with TriBridge Residential as submitted and authorize the City Manager to sign all related documents. Moved by Stinson, Seconded by Waters Commissioner Hill asked if this action to approve the contract moves the process through permitting. He clarified that they have permission to modify our park but they don't have pe1mission to build a building because we don't know what the building is yet. Mr. Komando stated there is a stormwater drainage easement, there is a constmction easement and there is a letter agreement which essentially ties it together because the concept is that upon completion of the project that it is really the first ce1iificate of occupancy, then the pmiion of the prope1iy that is currently TriBridge's property would be conveyed to the City. He stated does that commit the City on a permit level, no; it presumes that we are going to move forward with the permitting process, otherwise this would be for nothing. Mr. Nonis stated the documents also include an exhibit that references what was shared at previous Commission meetings for the general outline of what has been proposed. He stated his understanding is that they are tied to the plan that has been presented as a part of this letter agreement. Commissioner Waters stated she believes this contract is to take care of the issue of asking for a variance. She stated it's not that it commits the City to the permitting process but at this point they are free of having to ask for a variance. She stated it is her understanding that if they don't ask for a vm·iance the Commission does not have another oppmiunity to consider this project. Mr. Komando stated it depends on what the site plan shows. He stated Commissioner Waters is conect that if they don't ask for a variance, they would not see it again. Roll Call Votes: Aye: 3 -Stinson, Harding, Reeves Nay: 2-Waters, Hill MOTION CARRIED C. Tenth Street Parking Improvements. Commissioner Stinson stated this is related to the discussions generated in trying to resolve the Cloister South Gate use and some of the issues that arose out of the meetings. He stated he believes for them to make an informed decision they need to start counting traffic for a period of time and he is looking for a consensus to undertake this study and to put together a group to review the beach access parking we cunently have and March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page 12 what oppmiunities there may be to increase that count. He also asked why there is not a Do Not Enter sign at that South Gate, as directed about a month and a half ago, and why they are still using the gate, which is a direct violation of the ruling of the Community Development Board. He fmiher stated he has not seen a result of the survey that was done. Mr. Van Liere responded to Commissioner Stinson's questions, stating he was hoping they would get resolution with the Cloister's Code Enforcement action and their deadline is tomorrow night. He stated, based on how they reacted, he was hoping they would know what direction to take, but so far there has been no reaction at all. He stated he didn't want to invest in putting signage up that may get changed by that process and was waiting to see what happened. Discussion ensued. Commissioner Waters stated she has no problem putting out traffic counters but does not want to invest money in hiring a professional traffic engineer if this issue is going to be decided in court. Further discussion ensued. Commissioner Stinson clarified that he didn't bring this up just because of the Cloister's request, other than if they are going to respect their request and hear what they are asking us to do. One of the things they owe the citizens in the surrounding area is to know how much traffic we will be directing on to their streets. He stated what he was trying to accomplish was to figure out what they actually have to deal with. He stated his request was not to hire a traffic engineer; he doesn't believe this is a complicated enough problem to do that. He stated they need to figure out how to manage the traffic and they need to stmi somewhere, because if they don't it will just get worse. It was the consensus of the Commission to move this item forward to the next meeting for discussion. City Manager Van Liere asked for guidance for what they want from staff at the next meeting. Commissioner Stinson clm'ified, stating he believes they need to gather a group of people to visit the beach parking and believes that committee should be identified and presented to the Commission. He stated he believes they need to know what the cost will be for them to study the traffic, where they are going to do that and how much time it will take fi:om City staff to make that happen. Mr. Van Liere asked if he had a resident in mind. Commissioner Stinson stated he had several and suggested Chris Lambertson, and Dick Hilliard. Mayor Reeves suggested that Mr. Van Liere contact every Commissioner separately and ask them if they have anybody. Mr. VanLiere stated he wanted to make sure they are not expected to bring the committee formed, or did the Commission want to form the committee. Mayor Reeves stated they would have to form the committee but they would have to know in writing what they m·e charging that committee to do. He stated the City Manager's job would be to bring back what a committee would be charged to do, and he could get that from speaking individually to the Commissioners. Commissioner Stinson asked if it has to be that formal because it is a very limited focus for this group. Mr. Komando stated how formal a committee they want is within their purview as policy makers and if they decide to have a formally appointed committee, then that committee will come under sunshine laws. He stated to just have the City Manager reach out informally to citizens and discuss what the needs are, which is what his interpretation is of what he is asking for, does not require a formal committee. Commissioner Waters stated regarding looking at the beach parking issue, there are a number of spots we are required to maintain to receive Federal funding for beach renourishment so if we are looking at parking then March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 13 the reason to evaluate parking at all accesses other than at 1 01h Street would be to increase the amount of parking. Commissioner Hill stated he is in favor of an actual committee.and believes they should plan on moving forward with the formation of an official committee and call it the Parking and Seasonal Influx Committee and deal with some of these issues through that process, otherwise they will be talking about this until the end of summer. Mayor Reeves stated he believes what the direction to staff is to come back and give the Commission a charge for that committee and a recommendation on what that committee will do. He stated the Commission will then vote on appointing the committee. It was the consensus of the Commission to do so. D. Application for a State Historical Marker to Commemorate Combat Team Camp Atlantic Beach. City Manager Van Liere stated this was brought to them by a citizen and is a request to fund an application to submit some verbiage to the State to get approval for a commemorative marker. He stated there is a cost of $1,900 for this and it is brought before the Commission because there is no budget for this. Mayor Reeves explained the background for this marker and asked if anyone had applied with the State for funding. Mr. Van Liere stated no. Mayor Reeves asked that they do that and repmi back whether there is any State funding for this. Mr. Van Liere asked if there is no funding, is there any interest in this. Discussion ensued. Commissioner Hill stated he believes it would be remiss on this Commission's part not to recognize even the smallest contribution to that generation and what they did for this country. He stated if that is the only thing we have in the City that recognizes that contribution, he would believe $1,900 would be an easy resource. He stated he also believes they could probably identify private funding for that marker. It was the consensus of the Commission to have the City Manager report back as to whether there is any State funding or private sector money and bring back for action. Commissioner Stinson stated he is interested in moving forward with this even if the City has to pay for it. Commissioner Waters stated she also is interested in moving forward and asked if they could somehow tie the photographic history to it, so it isn't just a marker but an access point to historical documents. Commissioner Harding stated regardless of the means of obtaining funding for it, he is interested in pursuing this. E. Proposed Ordinance amending boundary of Seat 2 District 1308. Mr. VanLiere stated he wanted to see if they want to move this forward. He explained along with annexation comes a change in our map and we will have to amend our voting districts. He stated he spoke with the Supervisor of Elections who told him the boundaries of our districts are up to us. He stated he took the data from the last census and did a projection of what the new homes in Atlantic Beach Country Club would bring and added that to the district that was adjacent to it with lowest population estimate, which was 1308. He stated he brought it before the Commission for discussion. Mayor Reeves stated he reviewed this and has met with some past elected officials and didn't get any negatives. He stated he has also met with the Supervisor of Elections on this. He stated he, personally, does not have any problems with the boundaries. He stated he believes they should move forward and bring this back as an ordinance. March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #1A MARCH 28, 2016 Page 14 It was the consensus of the Commission to move this item forward to the next agenda for action. F. Meeting Technology in the Commission Chamber. Mr. Van Liere stated this is not a budgeted item, but the IT budget could make room for these items from other items this year that they could delay to next year. He explained it includes a different count-down timer and a speaker queue, with a cost of $9,400 for both. Discussion ensued. It was the consensus of the Commission to move this item forward for action. 9. City Manager A City Manager's Rep01i. • 90-Day Calendar (March 2016 through May 2016). Mr. Van Liere rep01ied they now have added City-sponsored events to the calendars and reminded the Commission of the neighborhood meeting at 280 Camellia on Saturday, 3/19; Acoustic Night at Bull Park on 3/20; and Egg Hunt at Jordan Park on 3/26 from 10:00-1:00pm. Mayor Reeves stated he has also asked the other Commissioners to write an article for the newsletter and asked they have a rotation including the City Manager, which will be noted in the 90-Day Calendars. Mr. Van Liere stated Rick Carper is ready to sit with each of the Commissioners to discuss the Seminole Rd. project. He reported Jerry Holland's office has sent an ordinance to discuss an Interlocal agreement to crack down on Homestead Exemption violators. He stated they want to hire a third pmiy to do this, who wants 30% collection fee. He stated he has a meeting with them to discuss this. He also rep01ied that the US Postal Service has sent the City a letter informing us that the address line we had requested they change for those who live outside Atlantic Beach and have an Atlantic Beach address was approved and they are going to make this effective May 1, 2016. He stated they will be sending out letters to all of the residents telling them about the change. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Harding • Attended the opening day activities for ABAA and encouraged support for the association, stating they are doing a great job with our kids. • Reiterated there will be a neighborhood meeting at 280 Camellia St. for Tideviews Park on March 19. • Reminded everyone he will not be at the Commission meeting on March 28. City Clerk Bartle • Reported she will be on vacation from March 18-March 25. Commissioner Waters • Congratulated the Beaches Area Historical Museum on their 1 0-year anniversary on March 10 and encouraged other young professionals to come out on March 23 for their annual Young Professionals Meeting. March 14, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MARCH 28, 2016 Page 15 • Reported March is awareness month for all kinds of cancers and expressed sympathy for all those families who cunently have a family member undergoing cancer treatment. • Challenged everyone to get out and walk the parks and give feedback about park improvements. Commissioner Stinson • Thanked Mr. Komando for his service to Atlantic Beach and wished him nothing but the best. • Welcomed Ms. Durden and thanked her for her willingness to take Mr. Komando's role. • Thanked Mr. VanLiere and staff for responding to his requests. • Reminded everyone to vote tomonow. • Reminded everyone of Atlantic Beach Elementary's Dolphin Dash this Thursday. • Emphasized the event on March 19 at Tideviews Park. • Reminded the City that the citizens of this town are not a distraction, or a problem for them to deal with every day; they are the reason we exist, we work for them and need to remember that. Commissioner Hill • Has been asked by citizens if we would consider an underbrush management policy, explaining his request. • Thanked Mr. Komando and his firm for representing us and appreciates his decorum and his service to the City. City Attorney Komando • Stated there are three outstanding appeals on Gate. Stated he and Ms. Durden will be meeting to discuss that topic to get it moving forward. • Appreciates the opportunity to work for the City; it has been a true honor. • Reminded the Commission to do their ethics training. Mayor Reeves • Attended Mayport Middle School Honor Roll Luncheon. • Will attend the Relay for Life. • Will attend FLC dinner on Thursday. • Will meet with Executive Director of Chamber tomonow morning to discuss how we can involve the Chamber to help us with our businesses in Atlantic Beach. • Along with the City Manager and Chief Deal, he will meet with the Secretary of DOT on 3/30. • Attended the Feny Commission meeting. • Will meet with the City Manager, Mayor Cuny and the Chief of Staff on 3/30 regarding the Better Jacksonville Plan. • Expressed appreciation to Mr. Komando and his firm. • Stated he believes the appeal hearing will be in May. Adjournment March 14, 2016 REGULAR COMMISSION MEETING There being no fmiher discussion, Mayor Reeves declared the meeting adjourned at 11:23 p.m. ATTEST: Donna L. Bmile, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer AGENDA ITEM #lA MARCH 28, 2016 Page 16 MINUTES SPECIAL CALLED COMMISSION MEETING March 8, 2016 PRESENT: Mayor Mitchell E. Reeves Mayor Pro Tern Jimmy Hill Commissioner Mitch Harding Commissioner John Stinson Commissioner Blythe Waters (arrived at 6:29) ALSO: Nelson VanLiere, City Manager Cathy Berry, Human Resources Director Donna L. Bartle, City Clerk Nancy E. Bailey, Recording Secretary AGENDA ITEM #lB MARCH 28, 2016 Mayor Reeves called the meeting to order at 6:03p.m. which was held in the Commission Chamber for the purpose of hearing oral presentations from the two top candidates (listed below) for the City Attorney position. He explained the procedures for the meeting. It was the consensus of the Commission to have each candidate give their presentations followed by each Commissioner asking the candidates questions. He further explained the two public meetings held earlier with the Commissioners to discuss the financial aspects of the contract for the City Attorney and what was discussed in each. As Commissioner Waters had not yet arrived, Mayor Reeves asked the Commission if they wanted to make a phone call to her to see where she is. Motion: Attempt to contact Commissioner Waters, as she needs to be here for any decision the Commission makes. Moved by Hill, Seconded by Stinson Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED Mayor Reeves recessed the meeting at 6:11 p.m. to allow Commissioner Waters time to arrive. He reconvened the meeting at 6:30p.m. 1. Oral presentations from top candidates in response to Request for Proposal No. 16-02, Legal Services for City Attorney-Firm. A. Patrick W. Krechowski of Gray Robinson P.A. gave a slide presentation on his firm, explaining what they do, who he is and what his background is, and what he can offer. He also addressed the conflict of interest issues that have been expressed and explained his duties in representing Neptune Beach. B. Brenna Durden of Lewis Longman & Walker, P.A. introduced Jack McWilliams who is part of their team and has been bond counsel for Atlantic Beach. She explained her background, education and experience in land planning and community involvement. She also gave a AGENDA ITEM# lB MARCH 28, 2016 presentation on her firm, her philosophy of being part of a team, and managing the relationship with the City Attorney. Following the presentations, each candidate was asked questions by the Commission. Mr. Krechowski and Ms. Durden responded to those questions. Mayor Reeves recessed the meeting at 8:44p.m. He reconvened the meeting at 8:51p.m. 2. Courtesy of the Floor to Visitors on selection of a City Attorney-Firm. Mayor Reeves opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Chris Jorgensen, 92 W. 3rd Street, thanked the Mayor and Commissioners for allowing citizens to speak tonight. He stated the lawyer needs to be able to provide fast, accurate, specific legal advice and expressed concern about conflict of interest. No one else from the audience spoke, so Mayor Reeves closed the Courtesy of the Floor to Visitors. 3. Discussion and selection by the Commission. Mayor Reeves thanked the candidates for being here tonight. He stated he would entertain a motion. Motion: Direct the City Manager to negotiate a contract with the firm Gray Robinson and Patrick Krechowski and bring it back to the Commission for approval for the City Manager to enter into a contract as negotiated. Moved by Stinson, Seconded by Reeves Commissioner Hill stated he did not support that motion due to the existing potential conflicts of interest, i.e. the drainage situation; and they need a candidate that has almost no political faction in their decision-making. Commission Harding agreed with Commissioner Hill in not supporting the motion. He stated, although he is impressed with both candidates, he could not enter into a contract knowing the potential for a conflict of interest. Commissioner Waters stated it came down to personal ethics and Mr. Krechowski said this is an ethics issue, he has ethics, and if there is a conflict of interest he would make both parties aware of it and decide with both of them how to move forward. She stated she believes collaborative efforts with neighbors can be so advantageous and sees potential advantages to that collaboration. She stated she doesn't feel as intrinsically that conflict of interest exists directly in this case or that it should be their primary concern. She stated both parties have brought forth that there can always be a potential conflict of interest; it's how you handle it that is important and she believes Mr. Krechowski has given a good answer that he would handle it professionally and ethically. Commissioner Stinson stated he looked for experience, knowledge, confidence of the candidate, availability to the City and connection to the beach. He stated he liked Mr. Krechowski's direct answers and living in the City gives him a little advantage. Mayor Reeves explained his concerns with some of the answers tonight. He stated he has made calls to former mayors and commissioners and received good feedback that they did not think there was a conflict of interest. He stated they received a letter from our past attorney (Alan Jensen) who said he Page2 of5 AGENDA ITEM #lB MARCH 28, 2016 thought there was, so everybody has different opinions. He stated they need someone who has served as a City Attorney and understands municipal law. Following further discussion, Commissioner Hill asked that they withdraw this motion and make a motion to negotiate with the other candidate. Commissioner Stinson stated to judge either candidate based on what a commission has done in another city or based on what one of their clients has directed them to do is unfair to the candidate, without knowing the facts. He stated he heard Commissioner Hill say he has facts that he is not at liberty or willing to disclose. He stated if there are facts he has that will help them make this decision he would respectfully ask to know what those are. Commissioner Hill responded that due diligence wasn't done on a very simple legal question and that lack of due diligence leaves Neptune Beach in a financially liable situation. He stated it was an employment issue and the due diligence was a fairly simple review of city policy; it was not a complex issue. Mayor Reeves stated he does not want to get into Neptune Beach's issues because they are going to be in court. He cautioned Commissioner Hill on some of his comments because he might find out that there may be a bigger investigation than what he thinks. He stated if that is a possibility, then his whole theory goes down the drain. He stated they need to stay with the facts and proceed that way. Commissioner Hill clarified ifthat was the case then the procedural mistake was not termination for the right reasons, so the mistake was made either way. He stated it is just legal, simple decision-making and a mistake was made and he is aware of the mistake and he can't hire the person that did it in good faith. He stated it isn't a minor mistake; it is going to be a lot of money and the taxpayers of Neptune Beach are going to carry the burden either way. Further discussion ensued. Commissioner Stinson stated he heard Commissioner Hill ask him to withdraw the motion and he asked for a few moments to consider that request. Mayor Reeves stated he is very comfortable with the Gray Robinson group because of the research he has done. He stated both groups have great credibility but his decision is based on what is right for Atlantic Beach, not what went wrong in Neptune Beach, if anything went wrong. Commissioner Hill stated the candidate that is in the motion on the floor was terminated from the firm that is the other option. He stated he doesn't know why and he didn't ask why because it shouldn't matter. He asked the candidate if that was true. Mayor Reeves cautioned Commissioner Hill that he doesn't have the authority to ask that; either go through the Chair or don't say anything. Commissioner Waters stated she believes it is unfortunate that what is being presented as fact is also being presented in such a way as to be mudslinging. She stated she is embarrassed to be participating in it and believes the accusation is being made that not every Commissioner did their due diligence and she disagrees with that. She stated she believes all of them did a good amount of research and came to their conclusions. She stated in the interest of avoiding more negativity she stated she believes it is time to go to vote. Mayor Reeves asked if she was calling the question. Commissioner Waters stated yes. Mayor Reeves called for the vote on the question. Roll Call Votes: Aye: 2-Waters, Harding Nay: 3-Stinson, Hill, Reeves MOTION FAILED Mayor Reeves stated as the vote on calling the question failed, they are still in discussion. Page3 of5 AGENDA ITEM #lB MARCH 28, 2016 Commissioner Hill stated he was given a piece of information, and made a comment that it is critical in his decision, that one of the applicants had worked for the other firm and had been let go. He stated he would like to know if it is true because he doesn't want to make an accusation and doesn't want to leave it as an accusation. He stated he wasn't able to confirm it because it wasn't information that was given to him and he meant to ask it earlier. He asked if Mr. Krechowski had been employed by the other firm (Lewis, Longman & Walker). Mayor Reeves interrupted stating he had been handed a note written by Stan Jordan in the audience that you cannot withdraw a motion once it has been seconded; you must vote. Mayor Reeves stated, however, if he is correct, the person that gave the motion can withdraw it. Commissioner Hill stated to that point, they are doing this without the City Attorney present, who would help them with some of the parliamentary things. Commissioner Hill stated he believes they decided they need to be unanimous. He stated he has nothing personal against this individual; he just believes they need to make the choice that puts them in a position as a board to succeed. Mayor Reeves stated Commissioner Hill is making an allegation/comment about one of the candidates and his concern is that he has information he has heard but it is hearsay. Commissioner HHl stated that is why he wanted to question the candidate. He stated this is a job interview and they are restricted by very strict parliamentary procedures but it is a job interview, which is why he asked. He stated if he can't do it, he understands. He stated the mistake is that he said it and it is unbelievably unfortunate that he didn't ask it during the process. He stated it is an uncomfortable position to be in. He stated if he could take that question back, he would, but it already went into the public format and that individual should publicly get to respond. Mayor Reeves stated he will make a motion that Commissioner Hill has made a comment, it stands for the record in the minutes, and he is going to move forward. Motion: Suspend the rules restricting questioning of the applicants and allow the Commissioner to pose his question. Moved by Stinson, Seconded by Waters Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mr. Krechowski stated based on what he has heard tonight and what he has seen tonight, his relationship with Neptune Beach is in jeopardy and he withdraws his application. Commissioner Hill stated, there is your conflict. Mr. Krechowski stated they can speak about the conflict at another time, Commissioner Hill. Commissioner Stinson stated he withdraws his motion. Motion: Direct the City Manager to negotiate a contract with Lewis, Longman & Walker, P.A. and bring it back to the Commission for approval for the City Manager to enter into a contract as negotiated. Moved by Harding, Seconded by Hill Page4 of5 ~'Bll Call Votes: Aye: 3-Waters, Harding, Hill Nay: 2-Stinson, Reeves MOTION CARRIED AGENDA ITEM #lB MARCH 28, 2016 City Manager Van Liere stated he will be meeting with Lewis, Longman & W a'i.ker as soon as possible, since they are going to have this on the agenda for March 14, and will work out the details. Adjournment Mayor Reeves adjourned the meeting at 9:51 pm. Attest: Donna L. Bartle, CMC City Clerk PageS of5 Mitchell E. Reeves Maym MINUTES OF WORKSHOP OF AGENDA ITEM# lC MARCH 28, 2016 ATLANTIC BEACH CITY COMMISSION HELD ON MARCH 7, 2016 PRESENT: Mayor Mitchell E. Reeves Commissioner Jimmy Hill Commissioner Blythe Waters ALSO: Nelson VanLiere, City Manager Cathy Berry, Human Resources Director Call to order. Mayor Reeves called the meeting to order at 6:00p.m. in the North Conference Room. Mayor Reeves explained the reason for the meeting. He asked the visitors to state their names and addresses. In attendance were Brenna Durden, of Lewis, Longman & Walker, P.A., 245 Riverside Avenue, Jacksonville and Chris Jorgensen, 92 W. 3rd Street. Mayor Reeves distributed packets of information, including the past two City Attorneys' contracts, to the Commissioners and clarified they are not here to discuss picking the attorney. He stated he expects that they will look at both candidates at the Special Called Commission meeting tomorrow night and make a decision as a Commission and then have the City Manager negotiate with them about contract pricing. He stated following that they will bring back the contract to the meeting on March 14. He explained he had asked staff to contact the League of Cities to see what other cities our size are paying their attorneys. He stated the basic thing is, how many hours does the City use the attorney. He stated we are no longer paying the attorney for insurance claims issues. He asked that the Commissioners think about what they can pay the attorney and the value and do they want to go to value. He stated the value right now that they are budget for is $8,000 (per month). Commissioner Waters stated they need to decide whether they want to pay an upfront retainer plus hourly. Discussion ensued. Ms. Berry explained the chart showing the other cities' payments to their attorneys. Mr. Van Liere further explained his chart on the City's history of legal expenses going back to 2011 and how the fees were billed. Further discussion ensued. Commissioner Hill stated, when staff is negotiating the contract with the selected party, they need to assure the attorney understands that Atlantic Beach has come into a potential growth phase, especially along Atlantic Blvd. and we are trying to buy legal protection for. the process. He stated the legal playing field has changed dramatically in the last few years and he believes the Commission needs to look at current best case data and try and be real world today. Discussion ensued. Mayor Reeves stated, as Ms. Durden is here, that he would ask Ms. Berry to also make sure the other law firm knows that on their presentation tomorrow night that the Mayor is not looking for them to be changing prices; that is another phase. Ms. Berry stated Mr. Krechowski already submitted his presentation for tomorrow night. Mayor Reeves stated he would rather wait until the firm is chosen and then negotiate pricing. AGENDA ITEM# lC MARCH 28,2016 Ms. Berry stated the Commission will have to decide who is going to manage the hours. She stated it can't be the attorney, because they are not going to be able to prioritize. Mayor Reeves stated it would be the City Manager. Discussion ensued about when to use the City Attorney. Mayor Reeves stated he just wanted to make sure that tomorrow night is Phase 1 of 2 and then they have to negotiate to make sure the price is right, which will be Mr. VanLiere's job. Mayor Reeves cautioned that they be careful when they enter into a contract. Ms. Berry reemphasized that it can't be the attorney who is managing the number of hours or the cap; it has to be internal. When you call them and give them a project, you don't want them to cut comers, so it has to be a managed thing. She stated she believes the Commission needs to be thinking about how that is managed. She stated there are different ways to manage it and gave several examples. Discussion ensued about how the City Attorney becomes involved in a process. Mr. Van Liere explained it is at his direction. Commissioner Waters stated she believes all development now in Atlantic Beach will be contested. Commissioner Hill agreed stating that is why he believes they need to be careful how they set up protection legally and build that into the contract. Mayor Reeves stated they also have to remember that once it moves from Point A to Point B, it is not a retainer; it is now a different fee because you have moved on to an Appeal. Commissioner Hill stated they need to budget roughly where they think they are going to be, based on the rate of development and the number of hours each development might take, or they could cover all of this in the contract and pay a little extra for it in the beginning. He stated the decision is whether they are going to get a comprehensive, all-inclusive package that is going to deal with all that at a reasonable rate, or do they get a really low rate on the basic package. Mayor Reeves stated he would be more comfortable with doing the normal day-to-day operations, i.e. Commission meetings, Board meetings, etc., and answering questions. He stated they have some things corning up that they will have to pay extra money for legal fees. Discussion ensued. Mayor Reeves closed stating he and the City Manager have reached out to the City Attorney to give them some guidelines/help on the hearing corning up and were told that each Commissipner will be personally called. Commissioner Waters stated she assumes he is talking about the hearing for the Gate Gas Station. Mayor Reeves stated yes, what is going to proceed or how are they going to run that hearing, where is it going to be, are they required to move it to a larger facility, etc. He stated they are not going to get that answer until after March 14. He stated he is comfortable now that they will get good guidance after March 14 with whichever firm they hire. He stated he believes Mr. Kornando is making the right choice and now believes that is the right thing to do. He stated he believes it would be bad for the firm that is leaving to start the process and tum around and give it to the new finn. Adjournment There being no further discussion by the City Commission, Mayor Reeves declared the meeting adjourned at 7:00p.m. ATTEST Donna L. Bartle, CMC City Clerk -2- Mitchell E. Reeves Mayor/Presiding Officer MINUTES OF WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD ON MARCH 8, 2016 PRESENT: Mayor Mitchell E. Reeves Commissioner Mitch Harding (left the meeting at 10:00 a.m.) Commissioner John Stinson Commissioner Jimmy Hill ALSO: Nelson Van Liere, City Manager Cathy Berry, Human Resources Director Nancy E. Bailey, Recording Secretary Mayor Reeves called the meeting to order at 9:03 a.m. in the North Conference Room. AGENDA ITEM# 1D MARCH 28, 2016 He asked the visitors to state their names and addresses. In attendance were Chris Jorgensen, 92 W. 3rd Street and Patrick Krechowski, 2245 Barefoot Trace (of Gray Robinson). Mayor Reeves explained the reason for the meeting and asked that the Commissioners consider how they can think differently about legal fees. Discussion ensued. Commissioner Hill asked that they look at what other cities are doing. Commissioner Harding asked if the fee proposals from the firms are negotiable. Mayor Reeves stated yes. The question of whether the City Attomey needs to attend Commission meetings was discussed. Commissioner Stinson asked for clarification on the chart related to retainer vs. hourly rates, which Mr. Van Liere explained. Commissioner Stinson stated they need to determine how many hours they will be using the attorney. Mayor Reeves asked Mr. Van Liere to prepare a spreadsheet of what we have used in the past and an estimated budget of what we will need. Ms. Berry suggested removing some items from the RFP. Discussion ensued. Mayor Reeves stated they have to make a decision about the law firm tonight, but also need to have a decision on the negotiations by the meeting on the 141h. Commissioner Stinson stated he likes the hourly rate because you can control cost. Mr. VanLiere stated the Commission, as a group, should direct the City Attomey, rather than doing so individually. Mayor Reeves stated after they make their decision tonight, he would like them to decide what their next step is. Commissioner Hill stated he would prefer having a small retainer, then go to hourly. Further discussion ensued. AGENDA ITEM# 1D MARCH 28, 2016 Commissioner Stinson stated the liability insurance company can take some of the issues. Commissioner Harding was concerned about how many hours are built into the retainer and what will be charged on top of that. Commissioner Hill stated they need a consensus before entering into a constitutional issue. Mr. Van Liere agreed, reiterating the attorney needs to take direction from the group. Commissioner Stinson stated they need to get detailed billing from whatever law firm they decide on. Ms. Berry stated tonight they are ranking the firms and will then negotiate with number one and if that fails the City Manager will negotiate with number two. Discussion ensued. Commissioner Hill expressed concern about the process. Mr. VanLiere clarified that he is to negotiate with the number one candidate and bring the best deal back to the Commission and if the Commission doesn't accept it, he will then go to the number two candidate and negotiate with them. Discussion about the procedures for the meeting tonight ensued. Ms. Berry clarified the proposed agenda. Further discussion ensued. Ms. Berry stated she will provide the Commission with a blank recommended motion for tonight's vote. Adjournment There being no further discussion by the City Commission, Mayor Reeves declared the meeting adjourned at 10:28 a.m. ATTEST Donna L. Bartle, CMC City Clerk -2- Mitchell E. Reeves Mayor/Presiding Officer STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Citizen Life Saving Award DATE: March 7, 2016 SUBMITTED BY: J. Michael Deal, ChiefofPo~ BACKGROUND: AGENDA ITEM# 2A MARCH 28, 2016 On January 2, 2016, US Army Major Amel David was leaving a store on Atlantic Boulevard when he heard Mr. Lonzo Brown yelling for help. Mr. Brown's friend and Atlantic Beach business owner Jim DiPietro was at his store located at 469 Atlantic Blvd when Mr. DiPietro suddenly collapsed. Without hesitation, Major Amel responded to Mr. Brown's request for help and after determining Mr. DiPietro was unresponsive without a pulse, immediately began CPR on Mr. DiPietro. Major David continued to administer CPR until rescue personnel arrived. Mr. DiPietro has since recovered and is doing well. Major David's quick actions to save the life of Mr. DiPietro is clearly deserving of a Life Saving Award. BUDGET: N/A RECOMMENDATIONS: Present Citizen Life Saving Award to Major Amel David ATTACHMENTS: REVIEWED BY CITY MANAGER:_---f5--'---t-f---'''---"'-~---"'-eu.--r~-'-'~z1"-~"""'==-=--=--------- BUILDING DEPARTMENT MONTHLY ACTIVITY REPORT FOR THE MONTH OF JANUARY 2016 PERMITS ISSUED INSPECTIONS PERFORMED NO. OF CONSTRUCTION PERMITS PERMIT COST VALUE BUILDING: 286 SINGLE FAMILY/ SF ATTACHED 8 $13,682.16 $2,768,716.00 ELECTICAL: 85 NEW DUPLEX/ MULTI-FAMILY 0 $0.00 $0.00 PLUMBING: 88 RESIDENTIAL ADDITIONS 6 $4,057.50 $629,000.00 MECHANICAL: 68 RESIDENTIAL ALTERATIONS 15 $2,844.98 $296,614.00 COMMERCIAL NEW 1 $945.00 $150,000.00 TOTAL: 527 COMMERCIAL ADDITIONS 0 $0.00 $0.00 COMMERCIAL ALTERATIONS 4 $2,337.57 $333,675.00 ACCESSORY STRUCTURES 1 $112.50 $5,000.00 TREE REMOVALS SWIMMING POOLS 2 $648.75 $66,500.00 INCHES REMOVED: 694 ROOFING 15 $1,362.15 $122,430.00 WINDOW/DOOR 13 $1,351.34 $48,482.00 INCHES PRESERVED: 122 SIDING 1 $91.50 $2,200.00 INCHES RELOCATED: 0 ELECTRICAL 47 $4,944.04 N/A INCHES PLANTED: 297 MECHANICAL GAS 10 $742.00 N/A INCHES PAID INTO MECHANICAL HVAC 40 $3,876.00 N/A TREE FUND: 74 PLUMBING 27 $2,654.00 N/A TOTAL: 493 DEMOLITION 4 $400.00 N/A FENCES 8 $280.00 N/A DRIVEWAY/ROW 2 $70.00 N/A REINSPECTION FEES: $385.00 SIGNS 1 $75.00 N/A TOTAL 205 $40,474.49 $4,422,617.00 SURCHARGE COLLECTED: $1,150.96 City of Atlantic Beach AGENDA ITEM# 4A MARCH 28, 2016 FINANCIAL REPORT February 2016 Cash Balances Prior Current Dollar Percent Fund(s) 01/31/16 02/29/16 Change Change General $ 9,650,052 $ 9,585,226 $ (64,827) -0.67% Tree Replacement 18,955 26,470 7,515 39.64% Convention Development Tax 105,421 122,656 17,235 16.35% Local Option Gas Tax 264,304 286,854 22,551 8.53% Better Jax 1/2 Cent Sales Tax 479,140 501,823 22,683 4.73% Police Training, Forfeiture, Grants, etc. 58,283 119,750 61,467 105.46% Capital Projects 3,005,244 2,986,410 (18,835) -0.63% Utility 5,797,502 6,022,066 224,564 3.87% Sanitation 434,231 421,188 (13,043) -3.00% Building Code Enforcement 442,125 464,017 21,892 4.95% Storm Water 1,665,224 1,693,930 28,707 1.72% Pension-Police 112,387 125,720 13,332 0.00% Pension -General 34,215 52,107 17,892 52.29% Total $ 22,067,083 $ 22,408,217 $ 341,133 1.55% Total Restricted Cash 7,163,796 Total Unrestricted Cash $15,244,421 Cash and Investments Prior Current Dollar Percent Account 01/31/16 02/29/16 Change Change Bank of America -Depository $ 6,289,791 $ 6,654,241 $ 364,450 5.79% Delaware Limited-Term Diversified Inc A 2,498,661 2,504,730 6,070 0.24% Global X Gold Explorers ETF 4,157,229 4,131,373 (25,855) -0.62% lnvesco Floating Rate A 700,465 695,457 (5,008) -0.71% Voya Short Term Bond Fund Class A 4,155,844 4,157,245 1,400 0.03% MSSB Money Market/Cash 4,239,106 4,239,173 67 0.00% SBA-Florida Prime 22,837 22,846 10 0.04% Cash on Hand 3150 3,150 0.00% Subtotal $ 22,067,083 $ 22,408,217 $ 341,133 1.55% Police Pension Investments $ 8,840,464 $ 8,853,249 $ 12,786 0.14% General Pension Investments 15,622,344 15,624,700 2 356 0.02% Subtotal $ 24,462,808 $ 24,477,949 $ 15,142 0.06% Total $ 46,529,890 $ 46,886,166 $ 356,275 0.77% AGENDA ITEM# 4A MARCH 28, 2016 City of Atlantic Beach FINANCIAL REPORT February 2016 Revenues Annual YTD YTD Dollar Fund I (Footnote) Estimate Estimate Actual Variance General $ 11,762,799 $ 4,900,990 $ 7,087,810 $ 2,186,820 Convention Development Tax 96,307 40,120 59,303 19,183 Local Option Gas Tax 461,611 192,335 196,224 3,889 Better Jax 1/2 Ct Sales Tax 790,128 329,215 334,094 4,879 Police Training, Forfeiture & Grants 89,150 38,254 37,617 (637) Grants 650,000 270,830 (270,830) Capital Projects 855,000 356,240 382,511 26,271 Utility 8,335,711 3,473,145 3,587,559 114,414 Sanitation 1,840,330 766,795 833,665 66,870 Building Code Enforcement 439,134 182,955 205,331 22,376 Storm Water 875,708 364,875 389,885 25,010 Pension -Police 1,530,544 637,720 324,664 (313,056) Pension-General 2,336,217 973,420 475,270 {498,150} Total $ 30,062,639 $ 12,526,894 $ 13,913,933 $ 1,387,039 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 $2,186,820. 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 $270,830, Grant revenue is reimbursement based, revenue was billed in February and will be collected in March. Pension Funds reflected significant, negative variances this month, $313,056 and $498,150, respectively, from the decreased value of investments. Percent Variance 44.62% 47.81% 2.02% 1.48% -1.67% -100.00% 7.37% 3.29% 8.72% 12.23% 6.85% -49.09% -51.18% 11.07% AGENDA ITEM# 4A MARCH 28, 2016 Department Annual Estimate City of Atlantic Beach FINANCIAL REPORT February 2016 Expenses YTD Estimate YTD Actual Dollar Variance Percent Variance Governing Body $ 40,384 $ 16,810 $ 16,798 $ 12 0.07% City Administration 2,418,498 1,060,040 1,053,167 6,873 0.65% General Government 5,115,740 2,266,775 520,298 1,746,477 77.05% Planning and Building 1,337,724 579,059 265,882 313,177 54.08% Public Safety 5,813,259 2,438,104 2,027,695 410,409 16.83% Recreation and Beautification Public Works 1,286,900 617,351 487,169 130,182 21.09% 5,368,085 2,308,155 1,716,474 591,681 25.63% Public Utilities 10,070,138 4,280,790 3,686,202 594,588 13.89% Pension -Police 621,607 258,975 24 7,415 11,560 4.46% Pension -General 986,941 411,210 661,199 (249,989) -60.79% Total $ 33,059,276 $ 14,237,269 $ 10,682,299 $ 3,554,970 24.97% ============================================================= Resource Allocation Personnel Services Operating Expenses Capital Outlay Debt Service Grants and Aids Transfers $ Total $ Annual Estimate 10,198,510 11,089,341 8,159,330 1,964,401 36,820 1,610,874 33,059,276 $ $ YTD Estimate 4,244,199 4,762,007 3,726,073 818,480 15,335 671,175 14,237,269 Analysis of Major Variances $ $ YTD Actual 4,099,579 3,773,232 575,783 1,533,550 28,955 671,200 10,682,299 $ $ Dollar Variance 144,620 988,775 3,150,290 (715,070) (13,620} (25) 3,554,970 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: General Government had a positive variance of $1,746,477. Most of the variance is the result of the Capital Project Fund-Public Safety Building, Francis Ave Drainage and Marsh Preserve Path projects-see Project Activity Schedule. Planning and Building had a positive variance of $313,177. Most of the variance is the result of the Francis Ave Drainage Improvement Project (CDBG Grant)-see Project Activity Schedule. Public Safety had a positive variance of $410,409. Majority of the variance consists of positive variances in Salaries ($126k), City of Jacksonville Fire Contract that is billed quarterly ($185k) and Lifeguard Salaries that expense in the summer ($70,423). Public Works had a positive variance of $591,681. 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 positive $594,588 variance for the period. 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 $249,989 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 $988,775. Various contractual services make up $649,128 of this balance. The largest contracts are the Fire Contract (COJ), Tipping Contract, and Road Paving. Capital Outlay had a positive variance of $3,150,290. 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 $715,070; this was the result of the largest Public Utility debt service payment being made in October. Percent Variance 3.41% 20.76% 84.55% -87.37% -88.82% 0.00% 24.97% City of Atlantic Beach AGENDA ITEM# 4A FINANCIAL REPORT MARCH 28, 2016 February 2016 Project Activity-Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Encumbrances Balance Status General Government RUSSELL PK RENOVATION PM1501 $ 233,180 $ 55,588 $ 4,880 $ 172,712 I DONNER PK PLAYGRND LIGHTS PM1503 6,500 6,146 354 E BULL PK PLAYGRND EQUIPMT PM1504 35,000 5,300 (0) 29,700 I DUTTON ISLE RD IMPROVMENT PM1505 25,000 24,620 380 E NEW POLICE BLDG-DES/CONST PS1501 3,026,667 66,881 67,086 2,892,700 SAL TAIRISTURDIVAN SIDEWLK PW1406 32,090 2,080 2 30,008 I SEMINOLE STREET SCAPE 1 PW1407 258,092 7,684 408 250,000 D MARSH PROJECT PED PATH PW1408 56,504 10,151 46,352 1 I MARSH PRESERVE PATH PHZ-1 PW1410 540,000 540,000 BIKE RACKS & STREET LIGHT PW1501 6,789 6,789 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 $4,309,376 $ 170,173 $ 143,348 $ 3,995,855 Planing, Zoning & Building FRANCIS AVE DRAINAGE IMPR PW1502 650,000 650,000 Subtotal $ 650,000 $ $ $ 650,000 Public Works: SEMINOLE STREET SCAPE 1 PW1407 $ 13,487 $ 12,807 $ 680 $ 0 D SALT AIR DRAINAGE UPGRADE PW1411 61,707 4,000 (2) 57,709 I SE SEMINOLE RD DRAIN IMPR PW1412 650,000 650,000 D Subtotal $ 725 194 $ 16 807 $ 678 $ 707,709 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 9,598 13,844 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 9,295 705 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 97,339 2,661 A ATLANTIC WATER MAIN REPLA PU1606 100,000 100,000 E SEWER SYSTEM REHAB SEAOAT PU1607 200,000 200,000 E CONTROL PANEL LIFT ST A 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 FAC PU1611 225,000 1,334 23,499 200,167 I REPLACE DISKS KRUGER DISF PU1612 6,000 5,999 1 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 SEMINOLE STREET SCAPE 1 PW1407 705,395 5,123 272 700,000 D Subtotal $ 2,206,912 $ 129,647 $ 95,510 $ 1,981,755 Total $ 7,891,482 $ 316,627 $ 239,535 $ 7,335,320 Status Key A -Bid/RFP Advertised I -Project In-progress B -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 1 -Seminole Road Street Scape Project totals $976,974 -.I Recreation Programs Specia l Events_ ~ City Commission Report ~ February 2016 II of regis trations/ Events, Rentals, & Facilities applications Featured Events In February., Songwriters' Concert, Art Walk Reception a One Time Facility Rentals Ade le Grage 23 Baker Center 14 Jo rdan 5 Special Events/Permits Weddings o n beach o r parks 1 Pavilion s & Parks 13 ,_II_ Camping Dutton 8 1-- Beach handica p chai r 1 1-·--Ot her -Vet Park, Sk, N atu re day, etc 1 1-- Party-Block Party, Party In t h e park 0 --Fire s on the beach 13 After School Programs Donner A~e r Sch ool Program 35 Jordan Afte r School Program City Sponsored Events Se niors@ the Baker Cen t e r Song write r s' Concert ·-Zumba@ Jordan_I>a rk (4) ·-Cooking Class@ Jord a n Park __ Art Show/Receptio_n ·-ABET Performances City Contract Programs Tennis -Beach es T e nnis Songwriters ' Con cert 3/6 Upcoming Events & Programs in M a rch Art Show & Ex h ibit 3/17 W ild Wonders 3/12&19 1- Acoustic Night 3/20 ·-Egg Hunt 3/26 • Please visit us on lin e@ coa b.us/r ecr ea tlo n fo r calendar of events ·- .. Sign up for notices on "Notify Me" for [programs & eve nts ----· I ' i II of occurrences 23 14 5 1 14 11 1 1 0 13 4 weeks 14 1 4 1 1 3 - ' AGENDA ITEMS# 4A MARC H 28,2016 II of staff/ vol, II of participants/ co mmittee attendees attended 74/135 4 tutors/1 staff 50 per day 6 tutors/1 staff 112 1 78 0 28 1 15 1 60 1 240 0 22/9 jrs 0 ·-t- -· 1-· ,_ 1- ~ ~ - CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEMS# 4B MARCH 28, 2016 AGENDA ITEM: Award Bid for the Dutton Island Road Path Project City Bid 1516-08 SUBMITTED BY: Kayle W. Moore, P.E. Interim Public Works Director DATE: March 9, 2016 BACKGROUND: The purpose of the project is to expand the public ADA access, resourse-based recreation and environmental facilities within the Marsh Preserves through construction of approx. 2,600 feet of 8-ft. wide asphalt pathway along Dutton Island Road from Dutton Island Preserve to Dutton Island. BUDGET: Bid opening for the Dutton Island Road Path Project was held on March 2, 2016. There were three bids received, all of which submitted the appropriate bid requirements to be considered for award. Besch and Smith Civil Group BGCO, Inc. J.D. Hinson Company $486,655.32 $427,340.32 $663,625.18 These amounts represent bidders total cost for the project and include a 1 0% contingency. This project is funded under account 320-6040-572-6300 under project PW1603. The City was awarded a cost-share grant from the Florida Inland Navigation District (FIND) and will be reimbursed for 50% of the project construction cost. RECOMMENDATION: Staff recommends awarding the bid for the Dutton Island Road Path Project to BGCO, Inc. in the amount of $427,340.32. ATTACHMENTS: Bid Tabulation Sheet REVIEWED BY CITY MANAGER: --~--'--?/'-"-"-.l.<f/L'--'"-4--vz~L«'_;;_:{~-_,.44-Er6s-' _______ _ BID# 1516-08 Required Documents Submission in Triplicate Document Requirements Checklist Bid Form Drug Free Workplace Certification Public Entity Crimes Statement New Vendor Information Form Insurance W-9 Form References -5 Bid Bond -5% of bid Experience -5 years Minimum License -General Contractor or Underground Utility Financial -Last 2 years Documentation of Receipt of any Addenda (Q&A w/Permit) Total Cost for Project+ 10% Contingency City of Atlantic Beach Dutton Island Road Path March 2, 2016 Besch and Smith Civil Group X X X X X X X X X X X X .X X $486,655.32 3:00PM BGCO, Inc. J.D. Hinson Company X X X X X X X X X X X X X X X X X X X X X X X X X X X X $427,340.32 $663,325.18 BID WAS ADVERTISED IN THE FINANCIAL NEWS & DAILY RECORD ON FEBRUARY 10, 2016 AND POSTED TO THE CITY WEBSITE THE SAME DAY, AND THIRTEEN (13) COMPANIES WERE NOTIFIED VIA E-MAIL OR FAX. Award of Bid based on Department Analysis and Commission Approval CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: FY 2015-2016 Resurfacing Project SUBMITTED BY: Kayle Moore, P.E., Interim Public Works Director DATE: March 7, 2016 AGENDA ITEM# 4C MARCH 28, 2016 BACKGROUND: The City Commission was briefed on the tentative proposed FY 15- 16 Resurfacing program during budget workshops in August 2015. The proposed project will resurface Seminole Road from Plaza Drive (5 Way) to the north end at Hanna Park including turnouts on the public side streets that have not been resurfaced recently. Seminole Rd comprises two of the four lowest ranked street segments in the City's Pavement Management Program. (Sturdivant Road and Oceanwalk Dr. N are the other two). Staff estimate of the project is approximately $337,000. This cost includes final striping except that white edge stripes are not being reapplied. This cost estimate does not include the bituminous index cost which varies monthly and should yield a negative adjustment to the cost estimate. Because of cost and staff time savings, Staff proposes to use the competitively bid COJ Annual Resurfacing Contract for this project. The 2013 Overall Condition Index (OCI) for City streets was 75.80 compared to 73.60 in 2012. BUDGET: This project is funded from the Gas Tax Fund, Account No. 130-5002-541-3400 ($260,000) and from the Half cent Sales Tax Fund, 131-5002-541-3400 ($80,000) for a total of $340,000 allocated for FY 2015-2016. RECOMMENDATION: Authorize the City Manager to approve Purchase Orders up to the budget amount. Staff intends to 'piggy-back on existing large scale contracts for resurfacing as allowed by the City's Purchasing Code 2-336(6). ATTACHMENTS: 1. Cost Estimate for Proposed Mill & Resurface List REVIEWED BY CITY MANAGER: __ ,7_~_.!_·=--U=--a...z..,--=-..!....<·:;c;._;«_:.;::::~=-:::r:-=----------- Proposed Mill & Resurface Cost Estimate Description Quantity Unit Seminole Road Mill 1.5" 27100 SY Resurface 1.5" 2235 Ton RPM 528 EA Paint, Standard, White, Solid, 12" 300 LF Paint, Standard, White, Message "ROAD ENDS" Per Letter 8 EA Paint, Standard, Yellow, Solid, 6" 21000 LF Paint, Standard, Yellow, Solid, 18" 30 LF Seminole Road Bid Total Seminole RoadSide Streets Mill1.5" 1500 SY Resurface S-3 125 Ton Manhole Adjustment 18 EA Water Valve Adjustment 10 EA Paint, Standard, White, Solid, 12" 2000 LF Seminole Road Side Streets Bid Total Resurfacing Total Cost estimated AC Adjustment $5/ton Seminole Road Thermoplastic Striping Thermo, Standard, White, Solid, 6" 0 LF Thermo, Standard, White, Solid, 12" 300 LF Thermo, Standard, White, Message "ROAD ENDS" Per Letter 8 EA Thermo, Standard, Yellow, Solid, 6" 21000 LF Thermo, Standard, Yellow, Solid 18" 30 LF Seminole RoadSide Streets Thermoplastic Striping Thermo, Standard, White, Solid, 12" 2000 LF Thermoplastic total Unit Price $2.25 $95.50 $4.00 $1.25 $75.00 $0.50 $1.00 $2.25 $95.50 $350.00 $75.00 $1.25 $0.80 $3.00 $20.00 $0.80 $3.00 $3.00 AGENDA ITEM# 4C MARCH 28, 2016 Bid Amount $60,975.00 $213,442.50 $2,112.00 $375.00 $600.00 $10,500.00 $30.00 $288,034.50 $3,375.00 $11,937.50 $6,300.00 $750.00 $2,500.00 $24,862.50 $312,897.00 -$11,800 $0.00 $900.00 $160.00 $16,800.00 $90.00 $6,000.00 $23,950.00 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITE M# 4D MARC U 28,2016 AGENDA ITEM: Purchase Two (2) Gorman-Rupp Pumps for th e Wastewater Treatment Plant from H udso n Pump & Equipment Asso c iates, lnc. as they are the so le so urc e d is tributor of Gonnan-Rupp pumps. SUBMITTED BY: Kayle Moore, Acting Publi c W o rks Director DATE: M arch 3,20 16 BACKGROUND: ln prepa rat io n ofthe F iscal Year 20 I 6 bud get, th e City's Public Utilities D epartment in c lu ded the cost o f heavy machinery needed to properly operate the Was tewaster Treatment Plant, and uphold the expectations of the Florida D EP a nd the St. Johns Ri ve r Wa ter Management District. The City did not so lic it competiti ve bid s or quotes for these items, as Gonnan- Rupp products becam e the City standard over thirty (30) years ago, and h as been used excl us ively ever since. Tills decision was pati of the major pumping station rehabilitation project th at the City undettook at that time. A single pump manufacture r for the rehab proj ect was strongly encouraged, and Gorman-Rupp was sele ct ed . P arts for new and older m ode ls arc readily ava il a bl e, and they have kept th e same pump d es ign used by the C ity for decades. Staff is familiar with thi s brand and can easil y perform routine maintenance. J ohn Collins of J. Collin s Engineering Associates has wo rked o n severa l projects f o r the C ity, including the upgrade of the W as te wat er Treatment Plant in 2010. He r ecommends th at the C ity continue to use Go rm an-R up p pumps for its wastewater app li cations. It is not recommended to interchange brand s in a ny m echa ni cal eq uipment applicati on, and to c ha nge th e e ntire system would be costly. H e provide d the a tt ach ed s ta tement. BUDGET: W e in cl ud ed in the FY2016 Operating Budget th e purchase of tw o (2) Gonnan- Rupp pumps/motors, to replace th e ex istin g machinery. The combined total for b oth pumps is $6 1,933. ATTACHMENTS: Statement from J . Co llins E ngi n eering Associates, LLC. RECOMMENDATION: To approve the purchase Two (2) Gorman-Rupp Pumps i n the amount of$61 ,933 from Hud son Pump & Equipment Associates. In c. as th ey are t he sole s ource distlibutor of Gotman-Rupp pumps. REVIEWED BY C ITY MANAGER: JIZ P,...m2«M AGENDA ITEM ## 40 MARCH 28, 20 16 Statement from J . Collins Engineering Associates, LLC. John Co llins, PE City has been using G01man-Rupp (OR) Pumps for over 30 years as a standard self-priming wastewater pump. The process was developed many years ago when the city had no uniform standard practice on selection of wastewater pumps. The previous usc of non -standard pumps presented many maintenance issues as well as problems of obtaining many different spa re parts. The decision to have standard pumps for the City's wastewater lift stations as well as in many applications in the wastewater plant benefits the city and the public. T he selected pumps arc reliability, operator friendly and most parts are availab le in Florida. Since the goaJ of public utilities is to p rovide reliable custo m er service-the standardization of the p urchasin g of wastewater equipment is a common practice with municipal utility departments since it increases operator knowledge in the maintenance and service of the pumps w hi c h in return faci litates repairs and obtaining paits. By minimizing the time to return wastewater pumps back into service, the City reduces the risk of an environmental s pill and FDEP permit v iolation s. Staff supports the continuation of the use of s tandard ized GR pumps and other wastewater equipme nt in the city. J. Coll in s Engineering Associates, LLC (JCEA) 11 5 16-3 San Jose Blvd . Jacksonville, FL 32223 904-262-4 12 1 904 -716-6282 Cell AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ORDINANCE NO. 45~16-22 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE 1 II, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENALTIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. SUBMITTED BY: Nelson Van Liere, Ci ty Manager c:z::? DATE: March 2, 20 16 STRATEGIC PLAN LINK: Succession Planning AGENDA ITEM# 7A MARCH 28, 20L6 BACKGROUND: Tn an effo1t to streamline operations of the Ci ty to continua lly do more with fewer resources, I am proposing a s hift: in responsibilities of the daily duties of managing t11e Business Tax Receipts fi:om the City Clerk to the City Manager, more specifi cally to the Finance Department. ln my opinion, the j ob duties are better s uited for the Finance Department than for the Clerk's Offlce due to the nature of the duties. Reasons for this change are highlighted below: l . One of the most significant reasons to implement a change is that a lthough tho code indicates that the Clerk's Office is responsible, a significant portion of the work is not s upervised by the Clerk. The zoning approvals, inspections and the co llection of the fees are all perfonned by other departments. When problems arise, the C lerk has no authority over the persons outside her department perfonning the tasks. There should be one person responsible for the total process to insure that the treatment of customers is unifonn and consistent, the fees are applied cotTe ctly and the inspections are petformcd t im e ly. 2. According to the C lerk, the Clerk's Office has been experiencing great difficulty performing this function at a front counter, taki ng up much needed time that sh ould be d evoted to records management. The C lerk has repeatedly brought it to my attention that her Records Clerk has di fflculty working on reco rd s with the interrup t ion s of the front counter. Moving the Business Tax Receipt function across the hall should alleviate some of this pressure. The Record's Clerk would be better utilized assis ting the City C lerk with public records requests a nd processing records that need to be scanned and indexed for future reference. AGENDA ITEM# 7A MARCH 28,2016 3. The Finance Department already processes tax receipt payments, the Building and Planning Department performs a zoning review and the Building Official coordinates any inspections that need to be done. The Finance Department has front counter support and is capable of performing the remaining required procedures of taking the applications and verifying once trained. 4. The software that the Clerk's Office has been using has proven to be troublesome and time consuming. The software will be upgraded in the near future and will require many hours of training. By transferring these duties now, the Finance Department will have time to train and migrate to the new software and unburden the Clerk's Office with this responsibility. Finance personnel have more resources to go through the conversion and get the programs running smoothly. They will have the support of the Finance Director and two Accountants and a Billing Specialist. Having people trained and cross trained should make the process work more efficiently. This will also mean that the Clerk's Office will never need to spend resources on the City's integrated software except for requisition input. 5. When there is a critical function in a small department and only the person assigned the task knows how to perform the task or has time to perform the tasks and that person leaves employment, it puts the City in a difficult position to recover, especially when the process is complicated and involves specific software. These types of duties would be better off with a pool of employees that are familiar with the program. 6. This code revision also removes language that requires the City Clerk to cut off water services to those businesses that do not pay by January 31st. The City Clerk has never enforced this section of the code. The business may be closed for non-payment, but utilities may need to remain on if paid for. 7. This revision of the code also clarifies the dates for half year tax receipts and removes the provision that asks for hardship consideration before a partial year tax receipt would be given. This is not a necessary provision when partial year receipts are allowed. Declaring a hardship is very subjective and difficult to apply. For these reasons, the transfer of the responsibility of managing the Business Tax Receipts from the City Clerk to the City Manager or his designee by amending Section 20 of Chapter 20, Article III, of The Atlantic Beach Code of Ordinances would be in the best interest of the City. BUDGET: None RECOMMENDATION: To approve Ordinance 45-16-22 as read by title. ATTACHMENT: Ordinance No. 45-16-22 ORDINANCE NO, 45-16-22 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENALTIES CHANGING CITY CLERK TO CITY MANAGER OR DESIGNEE AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS TO CHANGE THE CITY MANAGER TO FINANCE DIRECTOR OR DESIGNEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7A MARCH 28, 2016 WHEREAS, the City Clerk is currently assigned the duties related to the issuance and renewal of business tax receipts and is accomplishing this task with the support of a records clerk; and, WHEREAS, there are significant records of the City that have not been scanned and indexed for future reference and increases in public records requests are taking up more time than in the past; and, WHEREAS, the City Manager, through the realignment of some other job duties proposes to perform the duties of the management of the business tax receipts and bring that function into the Finance Department. The collection of fees is already performed by the Finance Department and they have front counter support for this function. WHEREAS, the City Commission now finds that it is in the best interest of the City to transfer the responsibility of managing the Business Tax Receipts from the City Clerk to the City Manager or his designee and therefore desires to amend Section 20 of Chapter 20, Article III, of the Atlantic Beach Code of Ordinances. AGENDA ITEM# 7A MARC H 28, 2016 NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE ClTY OF ATLANTIC BEACH, FLORIDA: SECTION I Code Amended. That Section 20 of the Code of Ordina nces, relatin g to the Business Tax Receipts of the C ity of Atla ntic Beach, F lotida, is hereby amend ed as fo ll ows: Sec. 20-53.-Half-year receipts. Tke oity elerk, Hpon proper skewing that tile iss\:lanee of a reeeipt fer a full year 'NOuld work a fl:ardsllip in any instaRee EiHring the period from April tirst to Oetober first, may issue a llalf year's reeeipt. Persons applying fer a reeeipt after Oetober first may be issued a fl:alf year's reoeipt. No receipt shall be issued for more than one year. For each receipt obtained from October I t hrough M arch 31 , the fu ll tax for one year shall be paid; for each receipt obtained from April 1 through September 30, one-half of the fu ll tax shall be paid. Sec. 20-54. -Due dates and delinquencies; penalties. (a) All receipts shall be so ld by the city manager or designee eity elerlc beginning September firs t of each year a nd s ha ll be due and payable on o r before October firs t of each year and sh a ll expire o n Septemb e r th irti e th of the s ucceeding year . lf October fi rst falls on a weekend or ho liday, the tax sh all b e du e and payable on or before the first wo rking d ay following October first. Those recei pts not renewed when due and payable sh all be considered delinquent an d subj ect to a delinquency penalty often (1 0) percent for the month of October, plus an add iti onal five (5) percent penalty for each month of delinquency thereafter until p aid . H owever , the total delinquency penalty s ha ll not exceed t wenty-five (25) p er cent of the loca l bu siness tax fee for the delinquent establishment. If reeeipt is not paid by January thirty first, the oity c lerk shall ha·te eity water seF¥iee diseofl:fleeted until b~siness ta* fee plHs delinq~ertt eharges are paid in full . (b) Any person en gagin g in o r managing any busi ness, occupati o n or profession w ithou t firs t o btaining a local bus iness tax receipt, if required in this atticle, s ha ll be s ubj ect to a penalty of twenty-five (25) p ercent of the bu s in ess tax fee detennincd to be d u e, in addi ti on to the penalty provided by F.S. Ch. 162; any such business may be closed b y the city manager or his designee until the bu s iness tax requ irements have been met. Sec. 20-56. -Compliance by t·cceipt holders . Issuance of a local business tax receipt by the city manager or designee eity elerk sh all in no w~~ relieve the holder thereof of responsibility for compliance with all provisions of this Code o r o ther city ordi na nces or parts thereof heretofor e passed or w hich may hereafter b e passed by the c ity commission regul a ting the conduct of the business. AGENDA ITEM# 7 A MARCH 28,2016 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect May 1, 2016. PASSED by the City Commission on first reading this __ day of ___ , 2016. PASSED by the City Commission on second and final reading this __ day of ___ 2016. MITCH REEVES, Mayor, Presiding Officer ATTEST: DONNA L. BARTLE, City Clerk Approved as to form and correctness: City Attorney CITY OF ATLANTIC BEAC H CITY COMMISSION MEE TING STAFF REPORT AGENDA ITEM: ORDINANC E N O. 33-16-21 A n Ordinance of the C ity of Atlantic Beach, Florida, Amending C hapter 2 of the Code of Ordinances, Administration, Article II, City C ommission, Amending the Boundary of Seat 2 , District 1308 of the City Commission, and Providing for Severability, and Providing Direction to Staff, and Providing for an Effe ctive Date SUBMITTED BY: Nelso n Van L icre , C ity Man ager @ DATE: M arch 3, 20 16 STRATEGIC PLA N LINK: Annexati on AGENDA ITEM #I B MARCil 28, 2016 BACKGROUND: Du e to the annexati on of the Atl a11tic Beach Country C lub, th e City's voti ng distri c ts need to be am ended to retlect the new ly annexed a rea. T he Duval County S upervisor of E lectio ns has ad vised th e City th at no vo ting di s tri ct shall h ave 5% m ore res id e nts of a voting age than an y o ther voting di s trict. The C ity used 2010 Census d at a to evalu ate the po pul ati o n of each vo tin g di s tri ct a nd de tennine the bes t way lo add the newly an nexed a rea into the C ity 's exis tin g vot ing di s tri c ts. It w as d etermined that the C i ty could inco rp orate the newly a1me x ed area into v oting dis ttict 1308 and st ill mai ntain th e nece ssary popula tio n sepa ratio n between th e fo ur di s tric ts . T he pro posed ordi na nce a lso c leans up a fe w references to the fo nner dis tri ct t itl es. A m ap of the proposed d is tri cts is a tt ached t o the Ordinan ce, an d i f approved will b e in c luded in the C i ty's Code . BUDGE T: No ne. RECOMMENDA TION: Direct staff to fo 1ward th e a ttached Ordinance to the Du val Coun ty S uper visor of E lecti ons as p roposed. If th ere are no obj ecti on s; place this ordinance on th e n ext agend a fo r approval. ATTACHME NTS : Prop osed Ord inance No. 33-16-2 1 T he C it y of A tlanti c Bea ch Voting Di s tricts , (M ap) ORDINANCE NO. 33-16-21 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMJNISTRATJON, ARTICLE II, CITY COMMISSION, AMENDING THE BOUNDARY OF SEAT 2, DISTRICT 1308 OF THE CITY COMMISSION, AND PROVIDING FOR SEVERABILITY, AND PROVIDING DIRECTION TO STAFF, AND PROVIDING FOR AN EFFECTIVE DA TE AGENDA ITEM # 78 MARCH 28,2016 WHEREAS , The Ci ty of Atlanti c Beach ha s a nnexed an area called the A tlantic Beach Country Club from Jacksonville into its C i ty limits, a nd n ow mu st include those new residen ts i11 one of the four A tl antic Beach voting districts as establi s hed in 2012, and WHEREAS, the newly a nnexed a rea of the Atla nt ic Beach Country Club is expected to add a pp roxi matel y 340 new registered voters when full y developed, and WHEREAS, the dis trict w ith the lowest number of registered voters acco rding to the last census in 20 l 0 was Distlict 1308 and hy adding these vo ters to dis trict 1308 ,entirely, t he distri.ct is s till l ess than 5% diffe rent in popu lat ion than any of th e other three distric ts, and WHEREAS, the bound ary of Di stricts 1307 and 1308 arc adjacent, making it necessary to c hange the description of the boundary of Di s tri ct 1307 where affected by the new bound ary of Distr ict 1308 , a nd WHEREAS, th e descriptions of all voting di stricts shou ld be amended to remove the references to the nam es of the o ld districts and to properly label th e attached maps previous ly not includ ed in th e code, and in serting new maps showing the adjusted bo undari es, and NOW THEREFORE, BE IT ENACTE D BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH , FLORIDA: SECTION 1: T he Code of Ordinances of th e Ci ty of Atlantic B each , Flo rid a, is hereby amended by changing the boundaries of voting district 1308 and the descri ptions of each of th e votin g districts so that section 2-22 s hall read as follows: (a) Seat 2. District /308 (feRBefly l3 ~) shall be as shown on the attached drawi ng entitled "The City of Atlantic Beach Voting Di stric ts (201 0 Censl-ls)," the bound aries of which are as follows: AGENDA ITEM II 78 MARC H 28, 2016 Beginnin g at a po int in th e C ity of Atlantic B each's eas te rn city limits, being a point of intersection of th e Atlantic Ocean a nd t he eas tem extension of the 16111 S treet ri gh t-of- way; then running westerl y a lo ng the 16Lh Street r ig ht-of-way and exte ns ion t hereof, to a point of intersecti on with th e Beach Avenue ri g h t-of-way; then running norU1crl y a lo ng th e Beach A venue right-of-way to a point of in tersecti on with the 17111 S treet ri ght-of-way; th e n r unning westerly a lo ng the 17111 Stree t ri g ht-of-way to a p o int of intersecti on wit h th e Semin o le Ro ad ti g ht -of-way; then running north erly a lo ng the Seminol e Road r ig ht -of-way, to a point of intersecti on w ith the Saturiba Drive righ t-of- way; then running wester ly a lo ng the Saturi ba Drive rig h t-of-way to its wes tern te rminus; then run.'l-ing so\:lthwest to a point ofinterseetion with the western eity lin1its line, being el:so the southwestern earner ofthe Sevilla Gardens eoneornini\:lm property; then run.'l-ing SO\:Itherly along the eity limits line, being also the eastern eoundary of the 8el¥a Marina Country Cl\:113 propeAy, to a point ofintersectiofl with the eastern ~tension oftho Duttoa lslaAe Road right of way. also aeiag ~he no Ahem eity limits; then .-urming s outhwesterly a long the north s ide of the Selva Marina U nit 5 plat, to a point of intersection with the southernmost co rn er of the Sevilla Gardens condominium property, b e ing also the northern boundary of the Atlantic Beach C ountry C lub S PA; then running northwesterly along the northern boundary of the Atlantic Beach C ountry C lub SPA to a point of in tersection with the northeaste rn corner of the Fairway Villas PUD; then running south along the western boundary of the Atlantic Beach C ountry Club SPA to a point of intersection with the eastern extension of the Dutton Island Road right-of-way; then running westerl y a lo ng the Du tton Is land Road right-of-way and eastern extension t he reo f, to a point of intersecti o n with th e Main Street right-of-way; th en running so utherly a lo ng th e M ain Street r ig h t-of-way to a point of inte rsectio n with the Levy Road ri g ht-of-way; th en 1Unning easterl y alo n g the Levy R oad right-of-way to point of inte rsecti o n w ith the M ayp011 Road r ight-of-way; then r unni ng southerl y alo ng the Maypo1t Road right-of-way to a po in t of intersection w ith the Pl aza righ t-of-way; the n running easterly a lo ng th e Plaza 1ig ht-of-way to a po int of intersectio n w ith th e Ocean Boulevard right-of-way ; th e n rwming n011h e rl y a lo n g th e Ocean Boulevard right-of- way to a po in t of intersectio n w ith th e l 0111 Street right-of-way; then ru nning easterl y (b) AG E NDA ITEM t# 7 U MARCII 28, 2016 alo ng the 1 0111 Stree t ri g ht-of-way to a point of intersecti o n with th e Beac h Avenue right-of-w ay; then rUJmin g no rtherl y a lo ng the Beach Avenue ri ght-of-w ay to a point of intersectio n with th e 11 111 Street ri g ht -of-way; th en running easter ly alo ng the II 111 Street ri g ht-of-way and the eas tern ex tens ion thereof, to a po int of intersecti o n with th e Atlan tic Ocean, bein g a lso th e eastern city limits line; th e n rurmin g n ortherl y alo ng th e city limi ts lin e to th e point o f beginning. Seat 3. District 13 07 Efermerly BG~ shall be as s hown o n the attac he d draw ing entitl ed "The City of Atl anti c B ea ch Vo ting Di stri cts (2010 Census)", th e bo und ari es of whi ch are as fo llows: Beginning a t a po int in th e City of Atl anti c Beach 's northern city limits o n th e east at its intersection with th e Atlanti c Ocean; th en run n i ng westerl y alo ng th e no tth ern city limits lin e, a lso bein g the so uth ern bound ar y o f Hanna P ark , to a po int located at th e so uthwest corn er of th e Ha nn a Pa rk pro petiy; t hen running so uth erl y a lo ng th e c ity limits line, and then we st erl y a lon g th e c it y limi ts line to a po int of intersecti o n with the Mayport Road right-of-way; the n runnin g southerl y along th e city limits lin e to a point wh ere th e city limits li ne turn s east jus t south of th e Fairway Vill as P UD; ~ rUftfling east, then north along the eity limits hne, beiflg the so\:lthem beYndary of the Fleet L&Ading PUD and also th:e northern bol:Jndary ef the Selva Marina Cem1try Club golfcoYrse preperty, to a poinHoeated in the southwest eot=Per-ot:the Se•;iUa GarElens eendomifli\:111') property; teen runsing nertheast te a point of isterseetion with the western teRflifll-lS of the 8aturiaa Drive right of way; then running easterly a long the city limits to a point of intersection with the s outheas tern corner of the Fairway Villas PUD, being also the western boundary of the Atlantic Be ach Country C lub SPA; then t·unning northerly along the western boundary of the Atlantic Beach Country Club SPA to a point of intersection with the northeastern comer of the Fairway ViUas PUD; then running southeasterly along the northern boundary of the Atlantic Beach C ountry Club SPA to a point of interse ction with the southernmost corner of the Sevilla Gardens condominium prope1·ty; then running nortbeastea·ly along the north side of the Selva Marina Unit 5 plat to a point of intersection with the western terminus of the Saturiba Drive right-of-way; then • (c) AGENDA ITEM# 78 MARCH 28, 2016 running easterly along said Saturiba Drive right-of-way to a point of intersection with the Semino le Road right-of-way; then running so utherly along the Seminole Road right-of-way to a point of intersect ion with the 1 i 11 Street right-of-way; then running easterly along U1e 17'11 Street tight-of-way to a point of intersection with the Beach Avenue r ight-of-way; then mnning south erl y along the Beach A venue right-of-way to a point of intersection w ith th e 16111 Street right-of-way; then running easterly along the 16 111 Street right-of-way and the eastern extension thereof, to a point of intersection with the Atlantic Ocean, being a lso t he eastern city limits line; then runni ng northerl y a lon g the city limits line to the point of beginning. Seat 4. District 1306 (foffiierl y 131;) s hall be as s ho wn on the attach ed drawing entitl ed "The C ity o f Atlantic Beach Voting Di s tricts (2{H 0 CeR s\::l s)", the boundar ies of which arc as fol lows: Beginning at a point in the City of Atlantic Beach's eastern c ity limits, being a poi nt of intersection between the Atlantic Ocean and the eastern extension of the I 1111 Street right-of-way; then running westerl y along the II th Street ri g ht-of-way to a point of intersection w ith the Beach Avenue right-of-way; then running southerly along the Beach Avenue ri ght-of-way to a point of intersection with the 10111 Street right-of-way; then running westerl y a long the 101h Street right-of-way to a point of intersection with th e Ocean Boulevard right-of-way; then running southerly along the Ocean Boulevard right-of-way to a point of intersecti on with the Pla za right-of-way; then running westerl y along the Plaza right-of-way to a point of intersection w ith the Sargo Road right-of-way; then ruru1ing southerly along th e Sargo Road right-of-way to a point of intersection with the Cavall a Road right-of-way; then running easterly along the Cavalla Road 1igh t-of-way to a point of intersection w ith the Roya l Palms Drive right- of-way; then running south erl y a long the Royal Palms Drive right-of-way to a point of intersection wi th the southern city limits, w hi ch is a line parallel at right a ngles to, and s ixteen (16) feet north of th e centerline of the Atlantic Boulevard right-of-way; then running eastel'ly along the southern city limits line to a point of in tersection with the (d) AGENDA ITEM # 7 B MARC H 28, 2016 Atlantic O cean , b e in g the eastern cit y limits; th en rutm in g n o rth erl y a lo n g t he eastem c it y limits lin e to th e po int of b eginning. Seat 5. District 13 12 (formerly 138) s h all be as s hown o n th e a ttach ed d rawing e n t itl ed "The City of Atlant ic Beach Vo tin g Di stri c ts f2010 Ce~us)", the bo und aries of which a r e as tb ll o w s: Beginning at a p o int in the C ity o f Atlantic B each 's no rth e rn c ity limi ts, being a p o int of intersection bet ween the Dutton Is lan d R oad tigh t-of-way a nd the Mai n Street r ig h t- o f -way ; th en r unn ing wes terl y alo ng the no rth e rn city limits lin e to a point o f inte rsection with the Intracoasta l W ate tway Cana l right-of-way, b eing a lso the wcste m c ity limi ts line; the n runni ng southerly along t he westem c ity limits line to a p oin t of intersecti o n with a I inc lyin g pa ralle l at ri g ht ang les to, and s ixteen (16) feet north of the center line of th e A tl an tic Bo ul e va rd right-of-way, bein g a lso th e southem city limits line; th e n running east erl y a to ng said south ern c ity limits lin e to a point of inte rsection with the Roya l P alms rig ht-of -way; th e n running no rth e rl y al o n g th e R oya l Pa lm s ri ght-of-way to a p o int o f intersect io n with the Cavall a Road rig ht-o f-way; U1 en runn ing westerl y a lo n g the Cava ll a Road ri g ht-of-way to a p oi nt of intersecti on w ith the Sarge R oad r ig ht-o f -way; th e n runnin g northerly alo ng th e Sarge Road ri gh t-o f- way to a p o int of in tersecti o n w ith the P laza ri g ht-of -way; the n rurming westerly al o ng th e Pl aza ri ght-of-way to a po int of intersecti o n w ith the Maypo tt Road ri g ht-of-way; then ru nnin g north e rl y along !he Maypo tt Road r ight-of-way to a p o int of in tersectio n w ith th e L evy R oad ri ght-of-way; the n ru nning weste rl y a lo ng t he Levy R oad ri g h t-of- way to a po int of inte rsecti o n w ith the M ain S treet r ig h t-of-way; th e n t'utmin g north e rly alo ng th e Main S treet r ig ht-of-way to th e point o f beginnin g." S ecti o n 2 . Severability. If any s ec ti o n, sentence, clau se o r phrase of tJ1 is o rd ina nce is he ld to be invalid o r un con stituti o na l by a ny comi of competent jurisd ic tion , th en said h o ldi n g s hall in no way affect th e v alid ity o f the rem ain ing po rti ons of thi s o rd in a nce . AGENDA ITEM# 7B MARCH 28, 2016 Section 3. Direction to Staff. Following approval by the City Commission of the City of Atlantic Beach, Florida, staff is directed to forward a certified copy of the ordinance to the Duval County Supervisor of Elections. Section 4. 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. 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 __ day of March 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 __ day of March 2016. ATTEST: DONNA L. BARTLE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA MITCHELL E. REEVES Mayor City Clerk Approved as to form and correctness: RICHARD KOMANDO City Attorney AGENDA ITEM# 7B MARCH 28, 2016 Cif:!J of 1ltfanfic 13each VOTING DISTRICTS District Boundaries 2010 U.S. Census Block Population Distribution (Age 18+) plus ABCC Build-out Projection CJ 1306 (2,552 = 24.34%) CJ 1307 {2 ,560 = 24.42%) CJ 1308 (2 ,862 = 27.30%) CJ 1312 (2,510 = 23.94%) ---=====---===:::::::~Miles 0 0.25 City of Atlantic Beach Building and Zon ing Department 800 Se mi nole Road, Atlantic Beach, FL 32233 904.247.5800 www.coab.us 0.5 0.75 1 N ~ WWE s AGENDA ITEM #I 78 MARCH 28,2016 Crea ted: 2/18/2016 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM# SA MARCH 28, 2016 AGENDA ITEM: Safe Routes to Schools Memorandum of Agreement with JTA DATE: March 7, 2016 SUBMITTED BY: Kayle Moore, P.E., Interim Public Works Director BACKGROUND: JTA, as Administrator of Atlantic Beach's Safe Routes to School Project for FOOT, has requested the City execute the attached Memorandum of Agreement (MOA). In late 2012, the City Commission asked Staff to investigate whether the FOOT Safe Routes to Schools (SRTS) Grant Program would be a viable means to get funding for improving bicycle access to Atlantic Beach Elementary School (ABE) by connecting and upgrading the current multi-purpose (bicycle & pedestrian) path I sidewalk network on Seminole Road and Sherry Drive. The proposed project, which consisted of constructing an eight foot multi-purpose path on Sherry Drive from ABE connecting to the existing multi-purpose path on Seminole Road at Garden Lane, was presented at an advertised public meeting at ABE in March, 2013 and received support from attendees, including the Friends of Atlantic Beach Elementary (FABE). Staff, with grant writing assistance from Fleet & Associates, and support from the Duval County School Board, successfully applied for the SRTS grant. Under this grant, FOOT was responsible for engineering design and construction of the (bicycle & pedestrian) path, with no requirement for matching funds from the City. This project was approved by the North Florida Transportation Planning Organization (TPO) and added to the FOOT 5 Year Funding Plan in 2013, with construction to begin in FY 2016. Because of funding limitations, the project will construct the path on Sherry Drive from ABE to Plaza Drive, but only the section from Plaza Drive to 1 th Street on Seminole Road. After being assigned to an engineering firm for preliminary design in 2014, the project funding source was changed from SRTS to the Transportation Alternatives program and the project start date was eventually pushed out to 2019 or later. Earlier this fiscal year, the FOOT project funding was changed back and the schedule returned to near the original timeline, with construction beginning as early as July 2017. FOOT has assigned JTA as the Local Agency Project (LAP) Administrator. This MOA with JTA documents the City's agreement to maintain the improvements constructed and also to be responsible for additional public information meetings. The City has requested a more in-depth public involvement phase for this project, than standard FOOT projects which would include only a AGENDA ITEM# SA MARCH 28, 2016 Public Information meeting at the 30% Design stage (to be held at ABE). AB Staff has requested the designer also make a formal presentation to the City Commission following this 30% meeting, and then a pre-construction meeting for the neighborhood and residents after the project has been awarded to a contractor. Staff has negotiated a fee of $6,136.57 with the Design Engineer (Element Engineering) to support these additional meetings. BUDGET: The negotiated public involvement support fee will be paid from the PW Professional Services account (001-5002-541-3100) with no additional funding required. FOOT has budgeted $687,000 for design, construction and construction support efforts. RECOMMENDATIONS: Approve the Memorandum of Agreement with JTA and authorize the Mayor to sign the MOA. ATTACHMENTS: 1. Draft Memorandum of Agreement between COAB and JTA 2. FOOT District Two Safe Routes to School Brochure 3. Summary Description of Safe Routes to School REVIEWED BY CITY MANAGER:_'-Pf--'--'-'--' rh_Ov<--. __ ,..,_~-~-· --"'-' ________ _ MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE JACKSONVIllE TRANSPORTATION AUTHORITY FOR THE SHERRY DRIVE SAFETY WAlKS SIDEWAlK PROJECT AGENDA ITEM# SA MARCH 28, 2016 The Memorandum of Agreement (this "Agreement") is made as of 2016, by and between the JACKSONVIllE TRANSPORTATION AUTHORITY, a body politic and corporate and an agency of the State of Florida created pursuant to Part II, Chapter 349, Florida Statutes, whose primary business address is 121 West Forsyth Street, Suite 200, Jacksonville, FL 32202 (the "JTA") and the CITY OF ATLANTIC BEACH, a Florida municipal corporation whose primary business address is _________________ (the "City"). The JTA and the City may hereinafter be referred to singularly as a "Party" or collectively as "Parties." WITNESSETH WHEREAS, it is in the interest of the City and JTA to work together to address mobility in the City and to combine efforts to more cost effectively provide mobility options for the citizens of the City and of Northeast Florida; and WHEREAS, JTA is engaged in the business of addressing mobility in Northeast Florida and has delivered numerous transportation projects in Duval County and presently desires to construct a sidewalk along Sherry Drive and Seminole Road, from Ahern Street to 17th Street, as well as minor drainage and miscellaneous improvements which may impact landscaping, mailboxes and utilities along Sherry Drive and Seminole Road within City right-of-way (the Project"); and WHEREAS, The City desires to have JTA construct the Project; and NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Recitals. The recitals above are true and correct and incorporated herein by this reference. 2. Obligations of the City. The City agrees to: a. Lead and direct all public involvement efforts for the Project, including meeting with the City Commission, and conducting a public meeting to present Project objectives and address public questions and concerns. b. Accept ownership and maintenance responsibilities for the Project. 3. Obligation of the JTA. The JTA agrees to: a. Administer the Project. b. Keep the City advised of the progress of the Project design and coordinate with the City all known public concerns with the Project. 4. Miscellaneous. a. Entire Agreement. This Agreement fully and completely expresses the agreement ofthe Parties with respect to the matters contained herein and shall not be modified or further amended except by written agreement executed by Page 1 of 3 AGENDA ITEM# SA MARCH 28, 2016 each of the Parties hereto. Any and all riders and exhibits attached to this Agreement are made part of this Agreement for all purposes. b. No Waiver. No provision of this Agreement shall be deemed to have been waived by JTA or City unless such waiver be in writing signed by the waiving Party and addressed to the other Party, nor shall any custom or practice which may grow up between the Parties in the administration of the provisions hereof be construed to waive or lessen the right of JTA or City to insist upon the performance by the other Party in strict accordance with the terms hereof. c. Successors and Assigns. The terms, provisions, covenants, and conditions contained in this Agreement shall apply to, inure to the benefit of, and be binding upon the Parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. d. Partial Invalidity. If any terms of this Agreement, or the application of the term to any person or circumstance is, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term to persons or circumstances other than those as to which the term is held invalid or unenforceable, will not be affected by the application, and each term of this Agreement will be valid and will be enforced to the fullest extent permitted by law. e. Further Assurances. The Parties agree to execute and deliver such other documents and instruments as may be reasonably required to effectuate the purposes of this Agreement. {Signature Page Follows) Page 2 of 3 AGENDA ITEM# SA MARCH 28, 2016 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS Agreement to be effective as of the date first set forth above. Witnesses: CITY OF ATLANTIC BEACH Printed name: _________ _ By: Mitchell E. Reeves, Mayor JACKSONVILLE TRANSPORTATION AUTHORITY Printed name: ---------- By: Nathaniel P. Ford Sr., CEO Printed name:---------- Printed name:---------- Form Approved: Form Approved: JTA Legal City General Counsel Page3of3 To learn more about the Safe Routes to School Program in District Two contact· Florida Department of Transportation District Safety Office 2198 Edison Avenue-MS 2815 Jacksonville, Florida 32204 Phone: 904-360-5629 Fax:904-360-5483 E-mail: scott.lent@dot.state.fl.us Safe Routes l~l i ona l Center for Safe Roule.s lo S<:hool El Additional information regarding this program can be found at : www.dot.state.fl.us/safety/srts_files/srts.shtm FOOT District Two Safe Routes to School (SRTS) Making School Routes Safer for Children to Walk and Bicycle. The Five E's of Safe Routes to School: Federal Highway Administration (FHWA) recommends that SRTS efforts incorporate -directly or indirectly-five components, often referred to as the "5 E's". Th ey are: • Engineering -Creating operational and physical improveme nts to the infrastructure surrounding schools that reduce speeds and potential confl icts with motor vehicle traffic, and establish safer and fully accessible crossings, walkways, trails and bikeways . • Education-Teaching children about the broad range of transportation choices, instructing them in important lifelong bicycling and walking safety skills, and launching driver safety campaigns in the vicinity of schools. • Encouragement-Using events and activities to promote walking and bicycling. • Enforcement -Partnering with local law enforcement to ensure traffi c laws are obeyed in the vicinity of schools (this includes enforcement of speeds, yieldi ng to pedestrians in crossings, and proper walking and bicycling behaviors), and initiati ng community enforcement such as crossing guard programs. • Evaluation -Monitoring and documenting outcomes and trends through the collection of data , including the collection of data before and after the intervention ( s ). What can the funds be used for? A Safe Routes to School project can be a construction project designed to improve the bicycle and pedestrian safety of Kindergarten through eighth grade school children. Projects must be located on public property within a two-mile radius of a school. Typical types of work include: J0 Off-street bicycle and pedestrian faci lities :40 Pedestrian and bicycle crossing improvements ~ On-street bicycle facilities .jb Traffic Engineering Improvements .:fb Bike parking and other Off- street bicycle and pedestrian facilities * Education and encouragement activities Desired outcomes of the Safe Routes to School Program include: • Increased bicycle , pedestrian , and traffic safety • More children walking and bicycling to and from schools • Decreased traffic congestion • Improved childhood health • Reduced childhood obesity • Encouragement of healthy and active lifestyles • Improved air quality • Improved community safety • Reduced fuel consumption • Increased community security • Enhanced community accessibility • Increased community involvement • Improvements to the physical environment that increase the ability to walk and bicycle to and from schools • Increased interest in bicycle and pedestrian accommodations throughout a community • Improved partnerships among schools , local municipalities, parents, and other community groups, including non-profit organizations . Safe Routes to Schools • FHWA I FOOT Sponsored Program AGENDA ITEM# SA MARCH 28, 2016 -To enable and encourage children, including those with disabilities, to walk and bicycle to school, -To make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age, and -To facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT /\GENOA ITEM ·IJ 88 MARCH 28, lOUi AGENDA ITEM: Request for a Waiver from City Code Section 24-272-Environmental assessment and protection of wetlands and environmentally sensitive areas to allow development within the 25 -foot upland buffer and to allow offsite wetland mitigation. SUBMITTED BY: Kayle Moore, P.E ., Interim Public Works Director ~~ DATE: March 11,2016 BACKGROUND: Applicant desires to build a single family residence on a platted residential lot which is partially within a wetland area . City Code Section 24-272 contains the following wetland requirements (emphasis added): (b). Where the environmental assessment determines tha t natural jurisdictional wetlands re maining on th e site have been damaged or degraded over t ime through previous development, storm events, Improper drainage runoff or other adverse activities, but where wetland vegetation and habitat are predominant in quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for restoration. enhancement, mitigation or recovery of remaining jurisdictiona l wetlands. Restated, It Is the express Intent of the city that no net loss of jurisdictional wetlands occurs through any development action within the city. (c)(2). A natural vegetative buffer, which is a minimum width of twenty-five (25) feet , shall be maintained between development and all other jurisdictional wetlands not described In the preceding paragraph . In cases where the minimum twenty-five-foot buffer Is demonstrated to be unreasonable or Impractical, an averaged twenty-five-foot undisturbed buffer may be provided . {d){3). Single-family lots of record platted prior to Januarv 1. 2002 , shall be exempt from the fifty-foot wetland buffer requirement, but sball be subject to the twenty-five-foot upland buffer requirement as described in preceding subsection (c)(2). (d)(4). Waivers from the requirement to provide and maintain an upland buffer may be requested in accordance with subsection 24-46(d) of this chapter, and where such waiver Is approved, a berm or swale to retain and filter stormwater runoff from th e lot shall be created. The applicant proposes to mitigate wetland loss through the use of a wetland mitigation bank outside the City, and to construct a retention area to filter stormwater runoff prior to entering the wetland. The applicant's FDEP Environmental Resource Permit and Army Corps of Engineers Permit have been provided to th e City and are available through the Clerk's office. BUDGET: No budget issues. RECOMMENDATION: Consider approval of requested waiver to the City Code Section 24-272 requirements . ATTACHMENTS: 1) Waiver Application for 980 W 14th Street Reviewed by City Manager: APPLICATION FOR LAND DEVELOPMENT REGULATIONS WAIVER City of Atlantic Beach · 800 Seminole Road ·Atlantic Beach, Florida 32233 Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.us Date -----'3'-f/-"g'-fj_:..f--=.(p_. __ 1 I File No. ________ Receipt __________ _ Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific pro"ision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver from these Land Development Regulations, the City Commission may .-equire conditions as app.-opriate to ensu.-e that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any requirement or term customarily considered as a Variance or any requirement or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set for the within the City Code of 0.-dinances. 1. Applicant's Name 1 4 .vt, 5 l?u?e I LNV d /12A.-'5 r ¥ t 2. Applicant's Address P · 0. f.:>v"f. -~ ~ 2 7 Z- 3. PropertyLocation Cj0o l/t,.J. IL('j r /J-1-t-I?(Vf.c__ IW/hA 4. Property Appraiser's Real Estate Number _ ____cl_7..c_:/-..:O::_-...:: . .3'---"'5'-----'L"')'-"V"-"'"'0""0'""---------------- 5. Current Zoning Oassification r/2. "5 2... 6, Comprehensive Plan Future Land Use designation /2, L 7. Requested provision(s) from which waiver is sought: 25' k.t' .f-L~VV 0 BlJ·~ cv--..d /'-l; hj l'J-1>-z;f\.J cp w-ef-t...,~s Lv'.±b ,·<J c.l ~} Bou,vd«.vi"t"5 · I 8. Size of Parcel __ ~_J'-'l'--7_,_'f_/_,D::.."'...;:2:::..... _____ ~-9. Utility Provider 10. Provide all of the following information: a, Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property. c. Required number of copies (2) d. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: AGENDA ITEM# 8B MARCH 28, 2016 ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TIDS APPLICATION Name: i{Gy, ;u V•-• t1r'l-T/ 1\J MailingAddress: i21.PZ0-3 /:l:£14t6 ,8;;_,J tf.JJ3/ J;ui5NVV;[/(' /2. 322L/b I Phone: Cf'24 Z35-8'3o7 Fax: ?jtltf 3 7'1 ff3 7 f3 E-mail:~.------- /Lv'1trtLTi (1.} e .ScJf«r /.fo V>\edtue {o{}?I·J,. (]'vx., 10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. Please attach additional pages if needed. AGENDA ITEM# 8B MARCH 28, 2016 We are requesting a waiver from the statutory provision requiring a 25' buffer zone between lands considered wet and construction activities, in this case a new residential1400 sq. ft. single family home. The site we are requesting the waiver for is only 70' x 102'. When taking into consideration the required setbacks established in zoning RS-2, it is physically impossible to build a home while attempting to observe the minimum 25' natural buffer. Because of the presence of wetlands to the south and west, we would not be able to build and respect the 25' buffer zone because of the required setbacks. Based on the foregoing, our request for a waiver meets the requirements needed for approval of such request by the City Commission. We are also requesting a waiver from the requirement to replace impacted wetlands on the same site or on another site within the City limits. The home we are proposing to construct will not only enhance and retain the exceptionally high quality of life and the residential character of both the City and the neighborhood in which it is located, but it will also be environmentally friendly. The home will have photovoltaic solar panels and a solar water heater, both of which lowers the carbon footprint ofthe home and its occupants. The new home will be built on a parcel of land that, in its current state, is located on a dead end street and is a bit of an eye sore with over grown vegetation, including trash and debris, from years of abandonment from prior uncaring owners. It is obvious from the trash and debris present on this property that it has had vagrants and other unwanted visitors in the past. Thus, the construction of a new energy efficient home on this property will enhance the beauty of the surrounding neighborhood, raise property values in the neighborhood, and improve and increase security in the neighborhood by eliminating places for undesirables to hang out or trespass. We obtained federal and state permits to impact a very small amount of jurisdictional wetlands, .09 of acre or 3920 square feet. Copies of the permits are attached to this waiver request form. The City, at present, does not have any available places or alternative locations within the City of Atlantic Beach to restore the impacted wetlands. The provision to mitigate wetlands within City boundaries without offering suitable, available sites that can be replanted with wetlands within City boundaries makes it both impracticable and impossible to comply with the provision imposed. Therefore, as a matter of public policy, due to the impracticability and impossibility to comply with this provision, the waiver should be granted. Despite the lack of available sites within the City, we mitigated the wetlands that will be impacted by paying to restore the wetlands into a local wetland bank located in our basin, as required by federal and state law, to offset the wetland impacts that will be caused by building the home. In addition, we designed and engineered a system to retain our own storm water runoff, which has been approved by federal and state jurisdictional authorities. (See permits from the DPEP and Army Corp of Engineers attached). Every effort will be made during construction to minimize the impact to the surrounding properties. As an extra safety net, both the DPEP and the Army Corp of Engineers will be inspecting the property for compliance with all federal and state laws both during and after construction. If, at any time, the property changes ownership the new owners must sign and accept to continue to maintain the federal permits. We believe that the waiver of the provision is warranted and should be approved for several reasons. First, the owner procured the required federal and state wetland mitigation permits. In addition, the owner paid to restore the wetlands, as required by federal law, in an approved wetland bank located in a designated local wetland basin because the City currently offers no reasonable alternative solutions or locations within its boundaries to mitigate small amounts of wetlands to its occupants. Finally, approval of the waiver is in the best interest of the City and the local neighborhood. An esthetically beautiful, well-built, energy efficient home will serve the neighborhood and its neighbors in many better ways than a vacant abandoned lot. AGENDA ITEM# 8B MARCH 28, 2016 MAP SHOWING SURVEY OF LOT 1, BLOCK 219, ALTANTIC BEACH SECTION '"H'', ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 PAGE 34-, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. ~ 0 z :::> 0 0:: (!) z 0 0 ci ~ 0 0 0/E 0/T X X-X I FOR: DESTINATION HOMES, LLC -' + '· . • Jx-x-x-x-x-x~x-x-x-x~~- 0·2' FO. 1/2'' IRON 10Z.05 ' o.:· FNO. CONC MONI (WIT~ LAP) (NO I.D.) 6" OAK 0 Oa· OAK WEST 14th STREET (50.0 FOOT RIGHT-OF-WAY) (NOT PAVED) 11iOAK /._.--FD. 1/2" II<ON y (f~cJI 2 ' RE<lft.R 1 02.04' / · (LB 5231) ~~~-.,-1.~85~.-@~~--------------------~~--------:--------------------~~----,o-i/.o'~ O 6'.9:_ 9 0, 1 9' REBAR TO IRO'I ~ ,1- 23" 1WINJI'".S:._ ZONE "X .. (Sl-'ADED) ~/ OAKS ~. ~LEV-5-.)-~ ----~-0 8" OAK r~ w z :::; 0 ~ 1 f ~I I ~ J 0 10" WILD OUVE 0 C'J C'J H" OAK :::<: u o .. r 0 15" PALJ.I 1--11 85'-SET 1 /2" RESAR I (EKC) ~ CONCRffi MONUMENT IRON PIPE OR ROD OVERHtAD ELECTRIC OVERHtAD TELEPHONE CROSS-CUT IN CONCRffi FENCE __I m -~ I- 0 0 13" OAK __I <l'.o. ~. ,, " o. N 6 WlUOWA /"' 102 .00 . FD. 1/2" IRON I ~ 90. 19' RoBAR TO IRON 102.04' (L8 5231) 1.S'I X-- NOTE: INVASIVE SP~CI'OS TRESS 'lOT LOCATED ECK LAND SURVEYORS, INC. GENERAL NOTES: 1 660 EMERSON STREET JACKSONVILLE, FLORIDA 32207 (904) 396-6334 FAX (904) 396-9997 \· ';. > .. ~"' \ '·· .. _ ., • -:<· >,,>.c .. • •. • 2. No abstract of litle furnished. WRLU G. t\'tRE.lf, JR. Ccrt(fioata No. 3287 LOUIS J. E\o'ERill Cerlifieate No. 4099 E-o~ li-1?;: li-1"' p:::J. E->'T U)lj: (!) <r:ii' ......f--zo oe Go l'ilci I=Q~ As best determined from an inspection of Flood Insurance Rote Mop: 120075 0408 H dated G-J-1 J , the lands/house surveyed lie in Zone HXII & ~'A£". 1.l This is a: Boundary :survey. 3. Not abstracted for easements. 4. Basis of Bearings: N/A Not valid unless Surveyor's Official Seal is embossed hereon. Protassfonal Surveyors &: Mappers State of flortda SCALE: 1 "=20' DATE: 12-4-13 FlELD BOOK~ PAG~ DRAFTSMAN: J A B ORDER #. 13215 -A AGENDA ITEM # 8B MARCH 28, 2016 D 0 0/E 0/T x~x MAP SHOWING SURVEY OF LOT 1, BLOCK 219, ALTANTIC BEACH SECTION ''H", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 PAGE 34, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. FOR: DESTINATION HOMES, LLC J, -----,w,-~ >-... --<-···->-···-X-· o.:i· .. · f0_ 1 /2~ IR(IN 1 02_-G5' ' --·-' ---~· . " ~-;;-~ .. i - (W:D-i c.•.p) WEST 14th STREET 6" OAKO 06" OAK (50.0 FOOT RIGHT-OF-WAY) (NOT PAVED) illENlli CONCRETE MONUMENT !RON PIPE OR ROD OVERHEAD ELECTRIC OVERHEAD TElEPHONE CROSS-CUT IN CONCRErE FENCE 0 10' WILD OLIVIC 0 13" OAK GENERAL NOTES: 1660 EMERSON STREET JACKSONVILLE, FLORIDA 32207 (904) 396-6334 FAX (904) 396-9997 0.4' fND. ,:Oi-lC 1'-il!l>..:T (NO '.J.) 0 " Oa· OAK oo ~ 14" OAK 0<:: 0 o, _l ro 5 _l ~\>'-. ·,, \ \'\-::~.\ \-~ -, \ \ ,,\ ·... ;~0~~J \"_\<.-::j_-:_:s~----0"~,.; _--..-- ~Gc. Grnrrr.·~ .. ~------- As best determined from on inspection of Flood tnsuronce Rate Map: 120075 0408 H 1.~ This is o: Boundary survey. 2. No abstr-act of TtUe furnished. 3. Not abstracted for 60Sements. 4, Basis of Bearings: N/A Not valid unless Surveyor's Official Seal is embossed hereon. cerUficahi No. 32B7 LOUIS J. EVERETT Cert1fit:df; No. 4099 dated 6-3-13 , the IQnds/house surveyed lie in Zone "X" & ·PE.''. Prolesaional Survotors & Mappers Slate oi Florida SCALE: 1"=20' DATE· 12-4-13 FIELD BOO~.PAG~ DRAFTSMAN: J A 8 ORDER #. 1 3215 -A AGENDA ITEM #8B MARCH 28, 2016 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM # 8C MARCH 28,2016 AGENDA ITEM: SUBMITTED BY: 16-UBEX-41 (303 Atlantic Boulevard) /--zJ-1 Jeremy Hubsch, Building and Zoning Director ( 1'1. DATE: March 11, 2016 STRATEGIC PLAN LINK: None BACKGROUND: The applicant is Al Mansur, owner of Al's Pizza, which is located at 303 Atlantic Boulevard. The property is located in the Central Business District (CBD) zoning district. Mr. Mansur is in the process of designing a renovation and expansion of his existing restaurant. Part of the expansion will be the addition of additional seats, which will enable the restaurant to be licensed by the State of Florida for full alcohol service. The applicant is required to obtain a Use-By-Exception per Section 3-5 of the City Code which states, "The sale of any alcoholic beverages for on-premise consumption, including beer, wine and liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited only to restaurants, cafes, bars and private clubs within commercial general and commercial limited zoning districts or the central business district in compliance with chapter 24 of the city code and subject to approval of a use-by-exception in accordance with section 24-63 ." There are several nearby restaurants in the Atlantic Beach portion of the Beaches Town Center that have full alcohol service, including Poe's, Ragtime, and Ocean 60. In order to expand the existing restaurant, the applicant will have to provide additional parking. The applicant is seeking to provide the required parking offsite through a shared parking agreement. The shared parking agreement has been submitted to the city, but needs a zoning variance due to the distance from the site. The zoning variance will be approved or denied at the March 22nd CDB meeting. The Community Development Board will also review this Use-By-Exception at that meeting. CDB recommendations will be presented to the Commission at the March 28th Commission meeting. A Public Hearing will be held on April 11th to approve or deny the Use- By-Exception. BUDGET: None. RECOMMENDATION: Approve UBEX-16-41 ATTACHMENTS: CDB StaffReport, UBEX-16-41 Application REVIEWED BY CITY MANAGER: '-t/f ~~ AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF STAFF COMMENTS CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.A. 16-UBEX-41 AGENDA ITEM #8C MArtCH 28, 2016 Request for use-by-exception as permitted by Section 3 -51 to allow on-premises co ns umption of a lco holic beverages at a restaurant within the Ce ntral Business District at 303 Atlantic Boulevard. 303 Atlantic Boulevard AJ Mansur March 8, 2016 JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR The a pplicant is AI Mansur, owner of Al's Pizza, which is located at 303 Atlanti.c Boulevard. Th e property is located in the Central Bus in ess District (CBD) zoning district. Mr. Ma nsur is in th e process of de s igning a renovation and expansion of his existing restaurant. Part of the expa nsion will be the addition of additional sea ts) which will enable the restaurant to be licen sed by the State of Florida for full alcohol service. The applicant is required to obtain a Use-By-Exce ption per Section 3-5 of the City Code which states, "The sale of any alco holic beverages for on-premise co ns umption, including beer, wine and liquor shall be prope rly licen sed by the City of Atlantic Beach, a nd shall be limited only to restaurants, cafes, bars and private club s within commercial general and commercial limited zoni ng di stricts or the ce ntral business dis trict in compliance with chapter 24 of the city code and su bject to a pproval of a use-by-ex ception in accordance wi t h section 24-63.'' There are seve ra l nearby restaurants in th e Atlantic Be ac h portion of the Beaches Town Center that have full alcoho l service, including Poe's, Rag t ime, and Ocea n 60. In order to expand th e existing res taurant, the app li cant will have to provide additional parking. The app li cant is seeking to provid e the required parking offsite through a s hared parking agreement. The shared parking agreement has been submitted to the city, but needs a zoning variance due to the distance from the site. The zoning variance will be app r oved or denied at the March 22nd CDB meeting. SUGGESTED ACTION TO RECOMMEND APPROVAL AGENDA ITEM #8C MARCH 28, 2016 The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. 16-UBEX-41) to allow a restaurant with on-premises consumption of alcoholic beverages within the Central Business District (CBD) Zoning District and located at 303 Atlantic Boulevard provided: 1. Approval ofthis Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-114(b) in that the proposed use is found to be consistent with the uses permitted in the CBD zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. 16-UBEX-41) to allow a restaurant with on-premises consumption of alcoholic beverages with ,in the Central Business District (CBD) Zoning District and located at 303 Atlantic Boulevard provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-114(b) in that the proposed use is found to be inconsistent with the uses permitted in the CBD zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 2 of2 APPLICATION FOR A USE-BY -EXCEPTION C ity of Atlantic Boacla · 800 S eminole Road ·Atlantic Bench, F lol"lda 32233-5445 Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coa b.us AGENDA ITEM #8C MA RC H 28,2016 Dntc _.:...F..:::e..=b.:..:ru::.:a::.:ry-'--1~5::..r.,-=2:.:0:...:1:...::6:...__ File No. __________ Receipt ---------- 1. Applicant's Name _..:..A~I..:M~a~n~s~u"-r--------------------------- 2. Applicant's Address 303 Atlantic Boul evard. Atla ntic Beach, FL 32233 3. Property Location 303 Atlantic Boul eva rd , Atlantic Beach, FL 32233 4. Property A p(u'nisea·'s Renll!.:stntc Numbe1· 169729-0000 Bloclt No. Lot No. 2.4,6 5. C m ·t·cnt Zoning C lassifica tion CBD 6. C omprehensive Plan Future Land Usc des ig nation ___ _ 7 . Requested Usc-by-Exception Req uest approval for full alcohol service. Rest aurant currently serves beer a nd wine only 8. Size of Pnrcel 150' X 1 09.3 2' 9. Utility Providct' __.;;J..;;;E;.;.A...;__ _________ _ 10. Statement of facts and s p ecia l reasons for the requested Use-by-Exception, which de monstr a tes complinncc with Section 24-63 of the C ity of Atlantic Bench Code of 01·dlnnnces, Zoning nnd S ubdiv is io n R eg ulations. A ttac h ns Exhibit A. (The a ttached guide may be used if des ired. Please ndd1 ·css each item, as appropriate to this l'equest.) 11. Provide nil of the foll ow ing info1 ·matlou. (All Information must be provided be fo•·e nnapplication is scheduled foa · nny public b caa·i ng.) n. S ite Plnu s howing the location of nil s tructures, temporary nnd p e a·mnne nt, Includin g setbacks, building h eig ht, number of s to ries nnd s qua •·e footage, lrnpc a-vi o us Slll 'face lll'en, and exis ting and/o•· proposed drlvewnys . Identify nuy existing s tructu1·es nnd uses. b. Proof of ownership (deed or certificate by lnwytw or abstract company o1· title company that verifies •·cco•·d owne r a s nbove). If the n ppllennt Is not the owne1·, a le ite r of nuthol'izntlon from the ownc•·(s) for nppllcnnt to J'c prescnt the owner for nil pm·poscs a·e lated t o t his npplicntlou must be provided. c. S urvey and le gal description of p roperty sou g ht to be r ezo ned . (Attnch AS Exhibit n.) d. Required number of copies. (1\vo (2) copies of nil documents that IH'C n o t hu·ger thnn 11 x 17 Inches In s ize. If plnns or pho togi'R phs, Ol' colo1· nttncbments nrc submitte d, plense provide e ig ht (8) copies of these.) c. Appllcntlon Fee ($250,00) I HEREBY CE RTIFY THAT ALL INFORMATION PROVIDE D WITH THIS APPLICATION IS CORRECT: Signature of owner(s) Ol' n utho l'i zcd pe r son If owne1·'s authorlzntion form Is attached : owner authorization form Is attached ADDRESS AND CONTACT INFORMATION OF PERS ON 1'0 RECEIVE ALL CORR ES PONDENCE REGA RDI NG TillS API'LICATION Name: AI Man s ur --~~~~~----------------------------------------------- Mailing Address: 303 Atlantic Bo ul eva rd, Atlantic Beach, EL 32233 Plton e : 904 5376 969 FAX: __________ E-mail: almansur65@gmail.con EXHIBIT A AGENDA ITEM #SC MARCH 28, 2016 The review of an application for a Use-by-Exception shall consider the following items. Please address each of the following as applicable to yonr specific application. 1. Ingress and egress to property and proposed Structures thereon with pmticulm· reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. No change from existing restaurant 2. Parking and Loading Spaces, where required, with particular attention to the items m (1) above. No change from existing restaurant 3. The potential for any adverse impacts to adjoining propetties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception being requested. No change from existing restaurant 4. Refuse, trash collection and service areas, with patticular reference to items (1) and (2) above; No change from existing restaurant 5. Utilities, with reference to locations, availability and compatibility; No change from existing restaurant 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. No change from existing restaurant 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advettising, Chapter 17.) No change from existing restaurant 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other propetty in the sutTounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. Existing restaurants in CBD serve alcohol. The addition of alcohol service in this restaurant will be compatible with other businesses in the CBD Other information you may wish to provide: Current!)! Al's Pizza serves beer and wine only The proposed renovation of the existing structure w1ll add more seats and provide full alcohol service. All other restaurants in Beaches Town Center have full alcohol service. February 16, 2016 To: FROM: RE: The City of A tl a ntic Beach 800 Seminole Road A tlantic Beach, FL 32233-5445 Owner: Shirley Junk 915 N. 13 1h Street Jacksonv ille Beach, FL 32250 Application fo r a Use-By-Exception To Whom it May Co ncern: AGENDA ITEM ## 8C MARCil 28, 20J6 This lette r is written to authorize Mr. Al Mans ure to act as Agent on beh a lf of the aforesaid Owner in connection w ith the referenced Application for a Use-By-Exception for property locate d at 303 Atlantic Blvd., A tlanti c Beach, FL 32233 . 0 J / . ''1 1r J 1-wner: ~_..;:...· -..:'?:;.....:::;...J.'r-"..:.../_7...L./_· -7l(f""Jo,._,l.~~""'"-'---------r -7 Date: t.,/ 1 1//~ The foregoing authorization was subscribed before me this L2_ day of February, 20 16, by Shirley Junk, personally known . .• -:l~Y.~r~. MARLeNE 0. TAllEY f.~tlJ··~~ MY COMMISSION tEE 860925 ~· ! : EXPIRES: April 27, 2017 ' ; ,. , • Bonded Thru Nollly Pijblc Underwrilm 3 03 At la ntic Boul e vard, At la n t ic Beaach, Florida 32233 Fe bru ary 18, 2016 Jer e my 1-lub sc h Bui ld ing and Zoning Director City of Atl a ntic Beac h 800 Se minol e Road At la ntic Beach, Florida 32233 AGENDA ITEM # 8C MARCH 28,2016 Enclo sed please find the followin g documents rela te d to t he proposed renovation of the ex isting Al's Pizza loca tion : 1. Ex ec uted Application for Use By Exception with letter of a uthori zation 2. Exec uted Shared Parking Agreement with Beaches Town Center Age ncy 3. Ex ec ute d Valet Parking Agreement with AlA Va let I be li eve the a ttach ed docum e nts co mpl e te t h e Ji st of items w e di sc ussed in our meeting of Februa ry 11, 2016. Please contact me if you have a ny a dditio na l comments or questions. Sincerely , AI Mansur lmaosur65@gmaj l.rom L.C f l --------- 1. aT t • t. 0 t' c. ~-.. · ...... ...,........, rt.\J"IDOCa.,..,a:Q \ O'T l --·--·-··----··--------------·-···-··-·-· -··--·--·- • \,.0 l t \ i \ i •\ \ I \ \ \ \ i i \ i \ \ \ i \ i \ \ \ \ A MAP SHOWING A BOUNDARY AND TOPOGRAPHIC SURVEY OF _., l.,)~~ZOC.~~O:,..K..,~~~~ 2J F=.t~~:=~~cm~~~~~~==~~ 1)1\GGASUW.cf::&IM'JCM.Y.~~Sl.ICMQ:~/IIIC11"1.111CS.~ NK, .,. ..cr ~" nc SUM:r. t,) ~Ol'~AJ-:w~ 01 'M NMY tAfS!OiiNG 0o1t oc -~ t.) M _, ... ..,.... uc:::J ~ ICJIICD'II -.: DCJOibO new.._..,~ fQIIO fil M m.o. t.l~~af'I'OI~CDIID111t.K::r.&ll:ri'NOI'Qitn'~ICJIID"''C:CCS.IC l.lllf4llDOO~ZDIC. '~~~ um;~~n-== ~~::.~.~;;.fWD t0/10/ttU. &.)~flt1&cc~j'Oft~~~:~~N1ta~~~ \ .._.,_ ~ ~~~ \ \ \ \ '--·--· '-··-· '7 ----== r--.. ·----· = -cs -..g£.: :%: ------~--.:..-:=:z:] = =-= -==s=-:e:,. """""''"" n.c:.t>~ ..... 'ftlll".~ ~~A.-- SHARED PARKING AGREEMENT AGENDA ITEM #SC MARCH 28, 2016 As Licensee (Lessor) having access and control of 300 or more parking spaces located at various properties throughout the Beaches Town Center (locations attached as Exhibit "A"), we hereby agree to share a minimum of 13 parking spaces ("shared spaces") as allowed and required by the City of Atlantic Beach Code of Ordinances with Al's Pizza In~ (Lessee) for his business located at 303 Atlantic Boulevard (the "Property) during their normal business hours for customer and employee parking. Those days and hours being: Monday through Thursday 11 am to 11 pm Friday and Saturday 11 am to midnight Sunday 11 am to 11 pm The normal business hours of the shared spaces identified in the attached Exhibit "A" are: Hours will vary, details Included In the attached Exhibit 118 11 Access to the shared spaces will be provided to Lessee's customers and employees via an "on demand" shuttle to and from the shared spaces and the Property, or a valet service located on the Property. This Agreement shall commence on September 1 * , 2016, and shall remain In effect until such time that Lessee Is no longer In need of the shared spaces. The shared spaces Inventory may be increased and/or decreased over the Term of this Agreement upon 60 days written notice by Lessor to Lessee. Except to the extent arising from the negligence of Lessor or Lessor's employees, agents, representatives, members, managers, directors, partners, officers and affiliates (collectively, "Lessor Parties"), Lessee shall indemnify, defend, protect and hold harmless Lessor and Lessor Parties from any and all loss, cost, claims, damages, demands or liabilities arising out of: (I) any breach of this Agreement by Lessee, or (II) the acts or omissions of Lessee (or any person or entity employed by Lessee or for whom Lessee is responsible), in connection with or arising out of this Agreement or the services performed by Lessor under this Agreement. The foregoing indemnity shall survive the termination of this Agreement. Any notice or communication required to be given to or served upon either party hereto shall be given or served by personal service or by express delivery or by mailing the same, postage prepaid, by United States registered or certified mail, return receipt requested, to the following addresses: LESSOR: BEACHES TOWN CENTER AGENCY 200 First Street NEPTUNE BEACH, FL 32266 LESSEE: Al's Pizza Inc 303 Atlantic BoultWard IN WITNESS WHEREOF, ecuted this Agreement as of the date first above written. -----;. ..... LESSOR SIGNATURE: ---r==---o:::::;_-----r------DATE Q2.-J1-/h PRINT NAME: _....;:;;Ja:::..~..:.=~;:::=::::::::Jl~::;;....----TITLE: _.....;..P;.;;;re;.;.;sl;.;.;de:;.:.n;;;.t ---~-- LESSEE SIGNATURE:~~~~£.,&.~==:::::::... ______ DATE 2/u/;-t --&;;.....,......_.""""'------------TITLE: __.,P ..... rA..,s...,idwe;u.nu..t ------- 15 spaces av ailabl e 24/7. 14 spaces available 24/7 EXHIBIT "A" "shared spaces" -,, ... Sat and a ll day Sunday. Spaces ava ilable after 5pm M-F, afte r 2pm Sat and all day Sunday . AGENDA ITE M# 8C MARCH 28,2016 60 spaces ava il ab le 24/7 except Sunday before 2pm and Wedne sday after 6pm. 120 additional spac es ava il ab le Tuesday, Thursday, Frid ay a nd Sa turday after 4 pm and Sunday after 2pm. Al's Pizza Al's Pizza Mr. AI Mansur 303 Atlantic Blvd. Atl anti c Beac h, FL 32233 AGREEMENT/CONTRACT TO PROVID E VALET SERVICE FOR AL 'S PI ZZI\. f l 'RS Of' nPt~J. t 1/tl , Number of Valets Hour·s AGENDA ITEM# 8C MARCH 28,2016 IIAM-3PM ; SPM -11 PM 111 f R t (h 0/TIU , A l A Va let agrees to provide valet se rvi ces for th e above listed days and times. It is und erstood by a ll pa rti es that operat ions may fi ni s h ear ly dependin g on cu s tomer vo lum e o n any particular day , therefore th e numb er of atte nd ants or hou rs may be reduced o nl y after permiss ion from A l's Pi zza mana ge ment. It is also unders tood that Al's Pi zza ma y nee d addi ti ona l days du rin g th e ir grand o pening . liNJFORi~-IS AND EMPJ.V}'EE TRAINING • Q • Depe nding on th e seaso n, th e sta ff of AlA Va let wi ll be dressed in one of the fo llowin g uni for ms : I . B lac k pants, A J A Valet logo shir t and black A I A Valet logo jacket. 2. B lack shorts, A I A Val et logo shirt A 1 A Va let staff is requ ired to keep a professiona l appeara nce. All staff members will ma in tain a s moke and drug free e nviron me nt. A l A Val et e mpl oyees are required to atte nd both in c lass and onsite !rainin g befo re being ass ign ed to any venue position . ~ Jl//PULNJ' A.VI , N~l -, A l A Valet will sup p ly it s emplo yees with a ll equipment needed to perform services in a profess iona l and effic ient manner. These suppl ies in c lu de, but are not limited to , key pod iums, s ignage, uniform s and in surance. Al's Pizz:1 I \ fi \ ', ('()I I · h (, AGENDA ITEM #8C MARCH 28, 2016 Liability Ins urance: A 1 A Val et wi ll ma intain a ga ra ge keeper's in surance policy with an additional general liability po licy. Thi s covers al l ve h ic les in our possess ion and da ma ge to prop erty we are operatin g on. This co verage also cove rs anybody on the pre mi ses tha t is injured by the neg lige nc e of one of our empl oyees. Actual lega l limit s are covered in th e ce rtificates of in s utan ce, wh ic h wi ll be provid ed upon acce ptance of con tra ct. Workm an's Compe nsation: A I A Va let will maint a in during t he term of thi s agreement workman 's compensat ion insurance on a ll of it s emp loyees in accordance w ith th e laws of Florida. Genera l Liability: A I A Valet s ha ll be respon s ib le and fu ll y liab le fo r any and all liabil iti es and or damages ca used by th e action, in act ion or will fu l ac ts of its employees or age nts wh ile operati ng the va let se rvice for A l's P izza at 303 At lantic Blvd , Atlan t ic Be ac h, FL 32233. A l A Va let sha ll indemnify, defend and hold Al's Pizza harml ess from any and al l willful misconduct of its employees or agents. A I A Valet accepts liabi lit y for any damage done to any structure o r ve hicl e by it s emp loyees or agents at AI 's Pi zza. A I A Valet a lso accepts liability for any inju ry susta ined to a perso n o r persons by it s emp loyees and agen ts wh ile operatin g at Al's Pi zza. AlA Va let wi ll no t accept li ab ility for any damage caused by acts of God. Fut1h ermore, A l A Va let wi ll not accept liab ility for injury or damage susta in ed as a resul t of fault y brakes or improperly maintained cars. A I A Vale t will nol be held liab le fo r any item s, which are left in a vehic le. A lA Va let will not be held liable for any a utom o bil e which is s tolen under any circumstances nor will A I A Valet be held li ab le for any damage ca used by a third part y exce pt as a resu lt of our own ne gligence . A I A Valet wi ll not be he ld liabl e for damages re s ultin g from a hit a nd run ac c ident. A I A Va let accepts li abil it y for damages due to our neg ligenc e only. Any c laim for adjustment mu st be mad e before the ve hic le leaves th e possess ion of the emp loyees or agents of A 1 A Va let Parking In c. I RI\I~G LOT USE' AlA Val et will add Al's Pi zza to their curren t list of res ta ura nts prov id in g va li dations for gue sts. The stag in g area for valet parking is located at II 0 N I st St, Neptune Beach, FL 32266. Guests vi sitin g Al's Pi zza will be d ir ected to the valet sta gin g a rea by th e use of tempo ra ry direct ional s ignage. ILRr;ENC't' CONT tC"f The on ca ll phone number of A I A Va let's manager will be pro vided for all correspondence and problem reso lut ion. H l./ t I H C:R CONDITIO,\-.\ A I A Va let will provid e servi ce on ag ree d days and times regardless of wea th er cond iti ons un less they cre ate a ha za rd lo em p loyees or duties per form ed. AlA Vale t ma nageme nt will be in contact withAl 's Pi zza Mana ge me nt to furt her di sc uss prese nt s itu atio n. 2 Al's P izza Th e cos t of thi s serv ice will be bill ed at $13 .50 per man hour . AG E NDA IT EM 118C M ARC H 28, 2016 *NO TE: In th e case o f additi ona l ho urs, not li ste d a bove, du e to a pl'ivate ev e nt or large party that requires extr a sta ffi ng, Al's Pi zza w ill be charge d $13.50 per ma n ho ur for additi ona l e mplo yees. /1 , cl/( J 1 l'tlf t I' A l A Va let will in vo ice Al's Pizza once a mo nth . All invo ices are due 30 day s from th e in vo ice date. In th e unli ke ly eve nt of non-payme nt (over 90 days pas t due) of an in voice or in vo ices th en it wi ll be t urn ed over for co ll ectio n. It is also und e rstood that Al 's Pizza will be res ponsibl e fo r all reaso nabl e attomey fees ass ociated with t ryi ng to co llect a ny a nd all pas t du e money owed by the sa me to A I A Va let Parkin g ln c. Fur the rm ore, it is un de rstoo d by a ll pa rties that they will abi de by any decis ion of a j udge , ju ry or arbitra tor rega rdin g any and all lega l matters associated with this co ntract. (UN/H. l< f IJ \( TJ/ Thi s co ntrac t will be in e ffec t fo r a pe ri o d of one yea r fro m th e start date spec iJi ecl . It will aut omatica ll y renew unless a w ritten ca nce ll ati on is s ub mi tt ed 30 cl ays befo re th e term of th e co ntrac t is up . Afte r th e one-yea r term, e ithe r par ty may ca ncel thi s agree ment by prov idin g th e oth e r party 30 days ' no ti ce in wri tin g. 3 A t's Pizza J I. . I ( AGENDA ITEM # 8C MARCH 28,2016 All not ices mu st be prov id ed in wri t in g via U.S . mail , cer tified , ret urn rece ipt requ es ted or overnight de li very to: Al's Pi zza Mr. AI Mansur 303 At lantic Blvd. At lantic Beach , FL 32233 Phone-904-537-6969 Ema il-A l@als pi zza .c om A I A Va let Parkin g In c. Nick Csorna, Pres iden t 11 71 Beac h Blvd.# I 08 Ph one-904-300 -75 49 Ema il -nick @a I ava let.co m Th is ag re ement is en te red in to this / 11-1-day of [? h,' lllGq" i Sta rt date: TBD (This agreement is null and void if not signed by 5-1-16) AG REED BY: A I A Valet Parkjn g In c. '20 16. Al'dd-/Zu~ 1/J ·~rL@tflc., Title 4 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 MARCH 28, 2016 Yvonne Calverley, Executive Assistant to the City Manager ~c.__ March 10,2016 (/ 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 notes: • Town Hall Meeting is tentatively scheduled for Saturday, April 91h at 10 am in the Commission Chamber. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for April through June 2016 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (April through June 2016) CITY MANAGER: MAYOR AND COMMISSION April2016 ~l·~n.\Y ~1<>:\D.\Y TL"P.:;D .\ Y \\"E l >~I ·:.S I >.\ Y Tl IL:RSI>.\ Y I ;Hfl>.\Y S.\"1 L'RD.\ Y 1 2 3 4 5 6 7 8 Newslette r Due 9 (Hill) Town Hall Meeting Due Date for lOam 4 /25 Chamber Age nda Items (Tentative) 10 11 12 13 14 15 16 Commi ssion Mtg Songwriter:. Concert 6:30pm Shakespeare in Shakespeare in 6·8 pm (Jnvoc-Stinson) the Park 8 pm the Park 8pm Adele Grage V ideotaped J ohansen Park Johansen Park 17 18 19 20 21 22 23 Due Date for 519 Arts in the Park Agenda Items !Oam-6 pm Johan::.en Park 24 25 26 27 28 29 30 Comm ission Mtg Acoustic Night~ 6 :30pm 6-8 pm (Invoc-Hi ll ) Bull Park V ideotaped MAYOR AND COMMISSION May 2016 Sll ;\.1).\Y :\I( ):\1 ).\ y ·1 L'I ~SD .\ Y \\'I ·:D 0:ESD.\ ~· 'I'III .I RSD.\ Y I ;IUD.\Y S.\'l'LJ RD .\ Y 1 2 3 4 5 6 7 Newsletter Due (Hardin~) Du e Date for Wild Wonders 5/23 11 am Agenda Items Dutton Island 8 9 10 11 12 13 14 Commiss ion Mtg 6:30pm (lnvoc-Harding) Videotaped 15 16 17 18 19 20 21 Wild Wonders II am Songwriters' Concert Dutton Island 6-8 pm Adele Grage Dancin in the Streets II am -9:30pm 22 23 24 25 26 27 28 Commiss ion Mtg Due Date for 6:30 pm 6113 (fnvoc-Waters) Agenda Items Videotaped 29 30 31 Memorial Day Acoustic Nights 6-8 pm City Offices Bull Park Closed MAYOR AND COMMISSION June 2016 ~U~D .\Y ;\lt)~D .\Y Tl."J :~D .\ Y \\~I ~D:-\E~D .\ Y 'l'lll:RSD .\ Y FRID. \ Y ~-\'J'L ' RD.\ y 1 2 3 4 Wil d Wonder.s ll arn Dutton Island 5 6 7 8 9 10 11 News letter Due D ue Date for Songwriters ' Concert (VanLiere) 6/27 6-8 pm Agenda Ite ms Adele Grage 12 13 14 15 16 17 18 Commi ss io n Mtg 6:30 pm (In voc-Reeves) Wild Wonders V id eotape d II am Dutton Island 19 20 21 22 23 24 25 D ue Date for 7/11 Agenda Items 26 27 28 29 30 Commiss ion Mtg Acoustic Nights 6:3 0 pm 6 -8 pm (lnvoc-St inson) Bull Park Videotaped