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5-9-16 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING May 9, 2016 -6:30 PM AGENDA Invocation and pledge to the flag Call to order 1. A. Approve the minutes ofthe Commission Meeting of April25, 2016. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Amendment to Declaration of Restrictive Covenants Request from Fleet Landing. 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 Recreation Programs and Special Events Report for March 2016 and the Public Works Projects Status as of 4/25/16. B. Authorize staff to prepare and submit a Cultural Facilities Program Grant through the Division of Cultural Affairs for Adele Grage Improvements. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-16-137, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR THE PURPOSE OF ADDING FUNDS FOR THE CONSTRUCTION OF THE POLICE BUILDING, AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE NO. 45-16-22, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE FOLLOWING CHAPTERS AS NOTATED AND TO READ CITY MANAGER OR DESIGNEE WHERE PREVIOUSLY NOTATED CITY CLERK: CHAPTER 18, SOLICITATIONS; 18-2 PERMIT, REGISTRATIONS AND FINGERPRINTING REQUIRED; SECTION 18-3, FEES; SECTION 18-4, REGULATIONS AND PROHIBITIONS; SECTION 18-6, INSPECTION OF BOOKS AND RECORDS; SECTION 18-7, REVOCATION; SECTION 18-8, EXCEPTIONS AND CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; 1 PENALTIES AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Automating the gates to Tideviews and Dutton Island Preserves. (Commissioner Stinson) 9. City Manager A. 90-Day Calendar (May 2016 through July 2016). 10. Reports and/or requests from City Commissioners and City Attorney Adjournment Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City's website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00PM, Friday, May 6, 2016. 2 MINUTES REGULAR CITY COMMISSION MEETING April25,2016 IN ATTENDANCE: Mayor Mitchell E. Reeves Commissioner Mitchell R. Harding Commissioner Jimmy Hill Commissioner John Stinson ABSENT: Commissioner M. Blythe Waters Invocation and pledge to the flag CITY HALL, 800 SEMINOLE ROAD City Attorney Brenna Durden City Manager Nelson VanLiere City Clerk Donna L. Bartle Recording Secretary N arrey E. Bailey Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: AGENDA ITEM #lA MAY9,2016 Mayor Reeves called the meeting to order at 6:31 p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. A. B. Approve the minutes of the Commission Meeting of April 11, 2016. Approve the minutes of the Commission Roundtable Meeting of April 11, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors Mayor Reeves announced he would move Item 7B after Item 4B and will pull Item 2B because the person receiving it could not be here tonight. He welcomed former Commissioner Mark and former Commissioner Beckenbach who were in the audience. Mayor Reeves opened the Courtesy of the Floor to Visitors. Mayor Reeves explained the process for public comments. A. Presentation on the Transportation Improvement Program (TIP) for Fiscal Years 2016/2017 through 2020/2021 by Denise Bunnewith. Denise Bunnewith with North Florida TPO distributed copies of a flyer for the Regional Transportation Management Center, stating they are now in that building at 980 N. Jefferson St., and a copy of their annual report for 2015. She gave a presentation on the five-year Transportation Improvement Program projects that related to the beaches area. She answered questions from the Commission and stated she will take their concerns back to the appropriate agencies. April 25, 2016 REGULAR COMMISSION MEETING B. Arbor Day Proclamation. AGENDA ITEM #lA MAY9,2016 Page2 Mayor Reeves previously announced that he would pull this item since there was no one present to receive the proclamation. Gloria Casterline, 1080 W. Plaza, expressed concerns about the easement requested on the 14th Street waiver. Daniel Meyer, 1200 Tulip St., expressed concerns about the proposed 14th Street site waiver and right-of- way. Chris Rule, 383 2nd St., spoke in support of the approval of the proposed police building. Chris Jorgensen, 92 W. 3rd St., addressed the police department building stating they need to get it done; also addressed Tideviews Park stating it is fabulous and everyone is loving it. He expressed concern that people are getting locked in while out there for the sunset. Tom Foppiano, 377 4th Street, addressed the Gate hearing and the procedure for the public speflking stating he would like the public to speak last. Lori Schwab, 541 Sherry Drive, spoke in opposition to the Gate project. Louise Ann Hunley, 591 Aquatic Drive, spoke in opposition to the proposed TriBridge development. Mark Tomaski, 448 Snapping Turtle Court West, spoke in support of Item 8A, the proposal from Fleet Landing for the amendment request. Linda Paderta, 1113 First Street, Neptune Beach, spoke in opposition to the townhouse development at Aquatic Gardens and in opposition to the Gate development. Mark Beckenbach, 2210 Oceanwalk Dr. W., spoke in support of Item 8A, the request from Fleet Landing and for approval of the construction documents for the Police facility. Stan Jordan, 501 Atlantic Blvd. thanked the Commission for their service. He thanked them for choosing the Presbyterian Church for the location but spoke in opposition to the timing of the meeting for the Gate appeal. He further stated he believes the public comments should be at the end of the meeting. Mark Tingen, 1198 Sandpiper Lane E., spoke in support of preserving the wetlands. He also spoke in support of the police building. Victor Stauch, 457 Snapping Turtle Court W., spoke in opposition to the T-Ball fence proposal in Russell Park. City Clerk Bartle read the names of those who did not want to spe~, as follows: Dana Foppiano, 377 4th Street, opposed to Gate station. Nancy DeCandis, 515 Sturdivant St., opposed to Gate station. Susan Perry, 179 Pine Street, opposed to Gate station. April 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MAY9,2016 Page3 Diana Townsend, 266 Poinsettia St., opposed to the scheduling of events for the 5/12/16 hearing; comments from citizens should occur after appellants' arguments. Linda Allan, 211 Pine St., opposed to Gate station. Ross & Kathy Weeks, 380 sth St., supports public speaking after all testimony at 5/12/16 hearing. No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to visitors. Mayor Reeves stated the Commission takes all comments seriously and will regroup with our City Attorney and discuss them. He stated following this hearing one of the first ordinances introduced by him will be to set the guidelines for a quasi-legal hearing. 3. Unfinished Business from Previous Meetings A. Eagle Scout Project to install a permanent T-ball outfield fence at Russell Park. Director of Recreation Programs and Special Events Timmy Johnson explained the request submitted by Boy Scout Mason Dudley to construct a permanent outfield fence for T-Ball players in Russell Park. He introduced Mason Dudley and Travis Stratmann. Mason Dudley, 4215 Chesapeake Drive E., Jacksonville, explained his project. Travis Stratmann, 12225 High Laurel Drive, Jacksonville, President of Atlantic Beach Athletic Association (ABAA), explained the background of the request and spoke in support of the project. Mr. Dudley gave a slide presentation of the project, explaining each slide. He also answered questions that were previously asked at the last Commission meeting. Discussion ensued. Motion: Accept Mr. Dudley's proposal and move forward with building the fence on the T -ball field at Jack Russell Park. Moved by Stinson, Seconded by Harding Commissioner Hill expressed concern about the fence removing access to that area of the park, stating he would be in favor of a temporary fence. Further discussion ensued. Mayor Reeves stated he supports it because he doesn't believe the fence constricts since it is still available for others to use. He stated he also supports Eagle Scouts and this is a project Mason is going to take on, raise the money and build it. He stated he saw nothing against this in the staff report but they did want it to be the green vinyl fencing. He also commended the City Manager and Timmy Johnson, stating this is the best condition he has ever seen the park m. Commissioner Stinson stated in his attempt to be brief with his motion he neglected to include the three conditions in staff's recommendation and would like to amend the motion to include these conditions. Motion: Amend to add the conditions: 1. The field is to be open for use by all when not in use by T- ball. 2. Public Works will handle locates, permitting and inspection. 3. The fence will be vinyl coated to match the newly installed fence on "A" field. Moved by Stinson, Seconded by Harding Commissioner Stinson asked Mr. Johnson if it was his recommendation that the Commission approve this proposal. Mr. Johnson stated it was his recommendation for the Commission to consider and then it was up to the Commission to approve or deny. Commissioner Stinson asked if he believes that the construction of the fence will inhibit use ofthe field by other sports and activities. Mr. Johnson stated when baseball or T- ball is going on, no one else can use the facilities anyway because the little children are out there playing and he does not believe it will restrict soccer, but it will limit the amount of space they use for the camp out. April25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MAY9,2016 Page4 Commissioner Hill asked if Mr. Johnson believes the fence will change the use pattern of older children using the same field for pick-up ball. Mr. Johnson stated that is correct. Further discussion ensued. Mayor Reeves called for a vote on the motion as amended. Roll Call Votes: Aye: 4 -Hill, Stinson, Harding, Reeves Nay: 0 MOTION CARRIED B. Public Hearing -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 (980 W. 141h St.). Interim Public Works Director Kayle Moore stated he has been in contact with the applicant and they have a piece of property they believe they may be able to do some work on for wetland mitigation within the City but they don't have a plan in place yet. He asked that this item be deferred until May 23. City Attorney Durden stated the Mayor should open the Public Hearing and after anyone who wishes to speak the Mayor could then entertain a motion to defer. Mayor Reeves opened the Public Hearing. Maria Mark, 1148 Linkside Dr., stated they don't want to set a precedent here of waiving any kind of wetlands mitigation; however, she believes the City needs to look at setting aside an area in A~lantic Beach within the City limits that would allow for wetlands mitigation that meets the 12-step requirements that the Water Management District and Army Corp of Engineers requires in order for true mitigation to occur, since they are the ones pushing for purchasing mitigation bank credits. She stated under the City's ordinance, because it is so restrictive, it is not fairly allowing property owners to either mitigate onsite or to do any mitigation within the City limits. She stated she would strongly encourage the Commission and Planning Department to really look at that as an alternative so they don't have to waive wetlands mitigation. Cheryl Vonn, 1209 W. Plaza, stated the Property Appraiser has this property classified as jurisdictional wetlands. She stated the property is on the edge of the intracoastal and everything between it and the intracoastal is marsh grass. She stated she believes that is a good filtering system and doesn't want anyone to think that it is not important because it is important to the quality of the water, which is why they have these rules to protect the wetlands. She stated if they keep giving permits to build right up to the edge, you don't have any filter system to protect it. She asked that they consider carefully when they start encroaching on the wetlands and start allowing people to build on it. Motion: Defer item and continue the Public Hearing to May 23. Moved by Hill, Seconded by Harding Commissioner Stinson stated they considered this at the March 28 Commission meeting and the Public Hearing was set at that time. He stated he is against pushing this farther down the road; the proposal as written here is completely contradictory to our Codes and Ordinances and he is not sure why they are going to address this later. April25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MAY9,2016 PageS Mayor Reeves stated his concern is whether the applicant was told not to be here tonight because they were going to defer this. Mr. Moore stated Mr. Martin was not told to not be here but he was in agreement with deferring. Mayor Reeves stated although Mr. Martin said he would buy the lot behind him for mitigation within the City limits, his concern is that it doesn't give 100%. Mr. Moore stated he has not seen or worked with him to develop a fmal mitigation plan and the information he has is very preliminary. He stated because they don't have a set plan, they don't have a clear method for someone to create a certain amount of wetland and preserve/enhance wetland consistent with the 12 steps, so it would take some time to work out. He stated he does not have the knowledge/experience to say that they would not be able to mitigate within the City without looking at their fmal survey of that other site and seeing what they propose as a plan to preserve/enhance/restore. Discussion ensued. Mayor Reeves expressed concern that this has already been postponed once and they are talking about postponing it again and the applicant is not here. Commissioner Hill asked if they deny this application tonight, can the applicant reapply? Ms. Durden explained it is not unusual to have a public hearing and for new information to be presented and the applicant to request a continuance of the public hearing to a date certain. She stated at the last meeting, there was a lot of feedback from the Commission to the applicant which may be the basis for receiving the information today. She stated they have already advertised the public hearing and the public hearing, under those circumstances should be opened. She stated it is the Commission's prerogative to go forth and deny the application request if that is what they choose. She stated they could also approve it or they could continue the hearing until a date certain. She stated the answer to Commissioner Hill's question, with variances it is quite often that there would have to be a substantial change to the application and there is usually a period of one year. She stated she doesn't recall if there is a specific provision for waivers with that timeframe. She stated if it was denied, if there was a timeframe, then the applicant would either have to change the application, which it sounds like they are already proposing to do, or they could wait for the specific period of time. Commissioner Hill stated he believes the applicant wasn't able to meet the requirements toqay and they have scheduled a hearing and a decision was to be made or at least move forward. Mayor Reeves stated his original motion is to defer, so if he is debating negative to his motion he has to change his motion, because you can't go negative on your own motion. Commissioner Hill stated that was what he was intending to do. He stated he concurs with Commissioner Stinson but before he does that he needs to know if the applicant is restricted by time, which is the reason he hasn't corrected his motion. Building and Zoning Director Jeremy Hubsch stated our Code does have a one-year requirement for variances, but there is nothing in the waiver section that has a date on it. Commissioner Hill withdrew his motion. Commissioner Harding withdrew his second. Motion: Deny the reguested waiver to City Code Section 24-272. Moved by Stinson, Seconded by Harding Commissioner Harding stated the applicant had led him to believe that he had already made the decision to mitigate on the adjoining property to the south of his property, but now from what he is gathering, that was never proposed to the City. Mr. Moore stated it was proposed to the City but they need to see the plan, the numbers, etc. and that takes a little time to develop. He stated they have not received that information and been able to review it in order to communicate that to the Commission. Commissioner Hill stated he wanted to confirm that this applicant will have an opportunity to come back before the City if they come up with a way to mitigate this wetland situation internally and meet our Codes and our action tonight won't restrict them to a one-year timeframe. Mr. Moore stated yes and City Attorney Durden agreed. April 25, 2016 REGULAR COMMISSION MEETING Roll Call Votes: Aye: 4 -Stinson, Harding, Hill, Reeves Nay: 0 MOTION CARRIED AGENDA ITEM #lA MAY9,2016 Page6 Mayor Reeves recessed the meeting at 8:33p.m. The Mayor reconvened the meeting at 8:40p.m. C. Appointment to the Board Member Review Committee. Motion: Appoint Jennifer Lada to serve on the Board Member Review Committee for a 2-year term beginning May 15, 2016 and ending May 14, 2018. Moved by Stinson, Seconded by Hill Roll Call Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED D. Authorization for City Manager to sign the Guaranteed Maximum Price Amendment and related documents needed to proceed with construction of police building renovation upon adoption of Ordinance No. 20-16-137, amending the FY2015/2016 Operating Budget. Chief Michael Deal explained his staff report gives the details of the history of the proposed renovation of the police building. He stated the City contracted with CRA to design the building on the existing site after which they contracted with Auld & White to manage the project. He introduced Nathan Marty and Paul Hoffman from Auld & White who were in the audience to answer questions. He further explained in detail the various items added to the scope of the project and the alternatives/amendments to the Guaranteed Maximum Price, stating the total price of the building is now $3.5 million. Motion: Authorize City Manager to sign the Guaranteed Maximum Price Amendment pending the adoption of Ordinance 20-16-13 7. Moved by Harding, Seconded by Stinson Discussion ensued. Finance Director Russell Caffey stated the increase will not affect the City's 25% reserve. Roll Call Votes: Aye: 4 -Hill, Stinson, Harding, Reeves Nay: 0 MOTION CARRIED Item 7B was taken out of sequence and acted on at this time. B. ORDINANCE NO. 20-16-137, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30,2016 FOR THE PURPOSE OF ADDING FUNDS FOR THE CONSTRUCTION OF THE POLICE BUILDING, AND PROVIDING AN EFFECTIVE DATE. April25, 2016 REGULAR COMMISSION MEETING City Clerk Bartle read the Ordinance by title. Motion: Approve Ordinance No. 20-16-137 as read. Moved by Hill, Seconded by Stinson Roll Call Votes: Aye: 4 -Stinson, Harding, Hill, Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda AGENDA ITEM #lA MAY9,2016 Page7 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for March 2016. Motion: Approve Consent Agenda Item A as written. Moved by Hill, Seconded by Harding Votes: Aye: 4 -Harding, Hill, Sti~son, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 16-02-Public Hearing A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING THE PROPERTY LOCATED IMMEDIATELY NORTHWEST OF THE INTERSECTION OF AQUATIC DRIVE AND ATLANTIC BOULEVARD ON BEHALF OF TBR AQUATIC OWNER, LLC, AS A BROWNFIELD SITE. City Clerk Bartle read the Resolution by title. Mr. Hubsch explained the request, stating it required two public hearings. He stated Trey Mills, the attorney for TriBridge, was in the audience to answer any questions. Mayor Reeves opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve Resolution No. 16-02, as read. Moved by Harding, Seconded by Stinson April 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MAY9,2016 Page 8 Commissioner Hill reiterated this is a step in a process that he believes is encouraging a project along that he does not believe is a fit for that piece of property. He stated they are making some pretty extreme adjustments and doing some very creative use of City land in a way that he is not comfortable with and he is not in favor of this. Mayor Reeves stated he believes the Brownfield opportunity this offers is a great opportunity for any City to be able to clean up some land. He asked Mr. Hubsch if the Commission approves this do they still have to go through the Community Development Board. Mr. Hubsch stated they would only need to go through the Community Development Board if they need a variance or can't meet Code standards. Commissioner Stinson asked Mr. Hubsch about the 58% impervious coverage, which was allowed by Code because it was considered commercial. He asked if this meets the definition of commercial because it is actually residential in nature. Mr. Hubsch explained it would be a residential use but it is within the Commercial General Zoning District and that zoning district allows up to 70% regardless of whether it is office, residential, or commercial. Roll Call Votes: Aye: 3 -Harding, Stinson, Reeves Nay: 1-Hill MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 33-16-21, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, AMENDING THE BOUNDARY OF SEAT 2, DISTRICT 1308 AND SEAT 3, DISTRICT 1307 OF THE CITY COMMISSION, AND ADDING A MAP SHOWING NEW BOUNDARIES, AND PROVIDING FOR SEVERABILITY, AND PROVIDING DIRECTION TO STAFF, AND PROVIDING FORAN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. Mr. Van Liere stated upon passing this he will be sending it to the Duval County Supervisor of Elections so he can adjust our voting districts. Mayor Reeves opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 33-16-21 on Final Reading as read. Moved by Hill, Seconded by Harding Roll Call Votes: Aye: 4 -Hill, Stinson, Harding, Reeves Nay: 0 MOTION CARRIED B. ORDINANCE NO. 20-16-137, Introduction and First Reading This item was taken out of sequence and acted on earlier in the meeting. AGENDA ITEM #lA MAY9,2016 April 25, 2016 REGULAR COMMISSION MEETING Page9 8. Miscellaneous Business (Discussion only) A. Request from Fleet Landing for a Proposed Amendment to Declaration of Restrictive Covenants. Mr. VanLiere stated this is the request from Fleet Landing they heard at the last meeting and Josh Ashby is here tonight. City Attorney Durden stated the only thing that is new in their agenda packets, as compared to what was in the packet for the last meeting, are the three surveys. She explained each survey. She clarified there is no actual legal description for the 4.5 acre island area; however, it is contained within parcel 2. She stated they will get a release from the Estates, pretty much in line with the one that has been proposed already and was included in the packet last time. She stated in order to address the other issue, they will have a separate agreement, the Right of First Refusal, between the Fleet Landing entity and the City of Atlantic Beach. She stated she was also asked to look at the issue about whether or not there is any way to describe the development that is going to occur on parcel 2. She stated she believes they can use a simple description utilizing the RMD land use category from the City of Jacksonville. She stated there is a small part of parcel 2 that is located within the City of Atlantic Beach and for that part they may have a separate provision so no building located within that portion ofparcel2 would be higher than 35ft. She stated she has also asked for a certificate from the surveyor certifying that the property that is described in parcels 1, 2, and 3 is also the same property that is described in the declaration of restrictive covenant. Commissioner Hill asked the City Attorney for more detail on the effect it could have on our deal if Fleet Landing did not get a permit through the City of Jacksonville. He also asked for a report on the restrictions and usability of the existing gate at 201h Street. Commissioner Stinson asked Mr. Ashby to further explain the plat of parcel 2. Joshua Ashby, One Fleet Landing Blvd., Chief Executive Officer of Fleet Landing, explained this and answered further questions. Discussion ensued. It was the consensus of the Commission to move this item forward to the next meeting for action. 9. City Manager A. City Manager's Report. • 90-Day Calendar (April2016 through June 2016). Mr. VanLiere reported on upcoming items on the calendar: Town Hall Meeting on May 7; Gate Appeal on May 12; and Town Hall Meeting on July 16. Thanked everyone involved for Arts in the Park, stating it went very well. Announced that Donald Jacobovitz will be the new Public Works Director starting next Monday. Reported that the Seminole Road paving will begin on Monday, May 2, and will take about 3 weeks. Thanked the Commission and everyone involved in moving the police building project forward. 10. Reports and/or requests from City Commissioners and City Attorney April25, 2016 REGULAR COMMISSION MEETING City Clerk Bartle • Reported she will miss the next Commission meeting and the Gate appeal. Commissioner Stinson AGENDA ITEM #lA MAY9, 2016 Page 10 • Suggested having Courtesy of the Floor before and after the presentations at the Gate appeal meeting and is also open to a split meeting two-day hearing in the evening. • Stated he believes we could install a gate at Tideviews that would have a detector that opens the gate when a car is there to let the people out. • Commended the Public Works group, stating Kayle Moore has done an outstanding job during this vacancy in Public Works. • Asked the City Manager what the status is of the storm water system evaluation discussion. • Complimented the prior Commissions for their efforts to get this Police Building to point it is. • Stated he believes they may want to undertake a building code review for the commercial corridors. • Reported on a talk he gave to third graders at Liberty Ponds Elementary School in St. Johns. • Reported on the CRA Seminar he attended put on by the Florida League of Cities. Commissioner Harding • Addressed the Tideviews gate issue, stating he received calls which he relayed to the City Manager, who immediately took some corrective action. • Attended the FLC dinner meeting on Thursday. • Attended the All Class Reunion on Saturday night. • Rode in opening day of the beaches parade with the Mayor and Commissioners Hill and Stinson on Sunday. Stated he would like to see some additional representation from the Police Department next year showing that we are involved and people see us. • Congratulated Chief Deal on the police building, stating providing our outstanding Police Department with an effective place to work will make things better for them and the citizens in general. Commissioner Hill • Thanked Mayor Reeves for making the arrangements for the opening of the beaches parade. • Commended City Manager and staff for his response to an incident with a garbage truck. • Congratulated Chief Deal for moving one step closer to having his department working in a safe and workable environment. Mayor Reeves • Will be at Cummer Museum on May 4 for the VSA festival. • Reminded everyone that the CRA advisory meeting is tomorrow. • Will be out of town May 5-7 at Florida League of Mayors meeting and will not attend Town Hall meeting on May 7. • Reported on the opening of the beaches parade stating it was a lot of fun. • Reported Nancy Bailey has decided to retire and will be leaving in three weeks. He stated they will miss her. • Stated they have heard from the public that they either want to speak first or last at the appeal, but if they are last who would want to speak at 9 or 10 at night. April25, 2016 REGULAR COMMISSION MEETING Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:47p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer AGENDA ITEM #lA MAY9,2016 Page 11 March 25,201 6 C ity Commi ssion City of Atlantic Beach 800 Seminole Road Atlan t ic Beach, FL 32233 D ear Commissione rs: fL~~T li\NDINO ~:Cotnm!Wcil, IB'ti ~Y i\.Wtaae-1 0 City Attorney 0 Pross 0 File o ___ .....,=- ontc: ____ ,. AGENDA JTEM #3A MAY9,2016 Received MAR 2 5 2016 65(flce o! City Clerk Via Hand Delive1y Fl eet Land ing, in conjunction with a gro up of Ocean Walk property own ers, has agreed in- principal to purch ase the Estates of Atlantic Beac h property tota ling 3 2 .1 acres of land located in the City of Jacksonville immediately adjacent to the Fleet Landing cam pu s (exhibit 1). As a condition to closing, the Ocean Walk litigants currently contesting owners hip of th e ShetTy Drive ri ght-of-way will dismiss the ir lawsuit with prejudice and a lon g with their n e ig hbors purchase h a lf of the right-of-way immediately adj acent to t heir properties. This effect ively w ill end the dispute concerning ownership of the Sherry Drive r ight-of-way and will prevent development of the eastern p orti on of th e Estates prope rty. Fleet Landing has agreed to purchase the remaining 30 acres of land, of w hich app rox imately 4.5 acres referred to as the "Island Area", immedi ate ly adj acent to F leet Landin g is suitable for development. T he r emainde r of the property is wetlands a nd will remain undis turbed . In 2009, the Es ta tes of Atlantic Beach executed a Declaration of R estri ctive Covenants as part of an agreement with the Cit y of Atlantic Beach (exhib it 2). These r estrictive covenants im pa ir our ability to develop the p roperty to a d en sity s ufficient enou gh to justify purchasing the entire property. For this reason, we respectfully request that the Ci t y of Atlantic Beach amend th ese restrictive covenants to a ll ow us to develop the 4 .5 acres of land imme diately a dj acent to Fleet La ndin g unde r t he existing zoning of Residenti a l Medium D ens ity. A sampl e Amendment to the Declaration of Restrictive Covenant s is included fo r your con s ideration (ex hibit 3). Fleet Landing intends to deve lop mult i-family hou sing fo r seni ors cons is tent with the s ize and s tyl e of existing s tructures found on our campus today. It is imp01iant to note that F leet Landing's proposed development would limit veh icu lar traffi c to one of th e three established means of access ing the F l eet Landing ca mpu s. No new access or th oroughfa re is being sought. One Fleet Lancling Bou Levard I Atlantic B each, FL 32233 I 1.800.872.8761 to ll free I www . .flcctlanding.com AGENDA ITEM #3A MAY9,2016 The Estates of Atlantic Beach parcel has a complicated history and we have worked for almost four years to develop a plan amenable to all parties. I genuinely believe we have created a solution that is in the best interest of the City, our neighbors, and Fleet Landing. I look forward to discussing this request with the Commission on Aprilll, 2016. Warm regards, /.::~ ChiefExecutive Officer Exhibit 1 AGENDA ITEM #3A MAY 9,2016 Exhibit 2 AGENDA ITEM #3A MAY9,2016 Doc# 2009252012, OR BK 15040 P!Qe1819, Numbar Pages: 6 Recorded 10/1912009at 02:10 PM, JIM FULLER CLERK CIRCUrr COURT DUVAL COUNTY STATE-OF FLORIDA RECORDING$52.50 COUNTY OF DUVAL lteor..J. (. ~'"" ...,. .. ?~\A.\ ~ H.wa:r'•b<~~ oro\ DECLARATION OF RESTRICTIVE.COVENANTS 501 l(.,vet.5id.e "M,S""''l,c · ~d:.~·\'e Pl.. ,-z.z.o.Th~. D I . fR . . Co . d thi z d f '~~'....:n!i:5", 2009, 1 1s ec aratlon o estrictive venants IS rna e s ay o rzv'ViQDL- by The Estates of Atlantic Beach, LLC ("Declarants"). WHEREAS, Declarants are the fee simple owners of the property situated and being in the City of Atlantic Beach, Duval County, Florida, being described in Exhibit "A" attached hereto and by reference incorporated herein. WHEREAS, the undersigned owner of the aforementioned property do hereby declare and agree as follows: 1. The property shall be developed into no more than thirty~eight (3 8) single family residential units, 2. The height of any structure or building shall not exceed to 35 feet in accotdance with all Atlantic Beach regulations in connection therewith, 3. All structures built on the property shall have minimum set backs of front 20 feet, rear 20 feet, and sides 7.5 feet, consistent with current RS-1 zoning, 4. The development plan for the property shall prohibit any connections leading north or west from The Estates property that could ultimately connect to Mayport Road, so that there would be absolutely no vehicular ingress to The Estates property from Mayport Road and no vehicular egress from The Estates property to Mayport Road. The sole access to The Estates . shall be from Selva Marina Drive, 5. Prior to any residence being completed on the property the developer shall construct a solid wall or fence along the entire eastern boundary of The Estates property, which is at a minimum eight (8) feet in height as long as said walt can be legally permitted, 6. The development plan for the property shall provide a minimum of one (1) foot wide reserve strip along the north and west sides of the property to be recorded in the plat with the express written purpose of prohibiting any future vehicular access at any location along said north and west sides of the property, provided however, the City of Atlantic Beach shall provide all easements across the strip as requested by The Estates for development and utility purposes. NOW, THEREFORE, for good and valuable consideration, the undersigned does hereby declare that it will not convey or cause to be conveyed the title to the above property without requiring the successor in title to abide by all terms and conditions set forth herein. AGENDA ITEM# 3A MAY9,2016 FURTHER, the undersigned declares that this covenant is intended and sha}l constitute .a· restrictive covenant concerning the use, eqjoyment and title to the abl)ve:.property-and shall constitute a covenant running with the land and shall be binding uppn , :t4e undersigned, its . successors and assigns and may only be released by the City of Atlanti.~ Beach,, .()r its successor in interest. IN WITNESS WHEREOF, the undersigned has caused this Declaration to be signed by its duly authorized representative, as of the day and year frrst above wti1;ten .. STATE OF FLORIDA COUNTY OF DUVAL EESTATESOF A a orida limited liabili The foregoing instrument was acknowledged before me this 2PJ day of OCfo/:Jt-4-, 2009, by Michael A. Sones, as the Managing Member of The Estates of Atlantic Beach, LLC, a Florida limited liability company, for and on behalf of the limited iiability company. He is personally known to me . . -~- NOTARY PUBLIC Print Name My Commission Expires: ;(44y :?.. ,Ro/ 0 2 :.-- .. · ·'·.· .· ~ r • ; • EXHIBIT "A" . · .. · ...... AGENDA ITEM #3A MAY9,2016 A part o:fFraotiorud Sections. togethor 'With a part of GoVer.nmrmt Lot 1 Frlu-Ait>.n.ut: ,.., : · ,<:::·. ''''': '·.· · Section 8, and also io~or with R. part of!.()t2, Division~, oftb.o .An&ew:beiirees· ' '.: ·. ::.: '.: .. c i· .. O!.'autj Section 31~ lll1 iu T~p 2 Son~ Range 29 Enst, Duval County, ltlorl~ ·· · , · ·. ·· · · · · ... · more pa.rti.cnlarly deseri.bed as fOllows~ For a. Point ()f.Relcmiee oommence at the.':,::>::: i: , .. , '. Northwest eviller of Lot 18, Oceanwalk Unit Fonr~ as :recorded in Plat J3ook42;, pagetr·· :· ·· : :': 18, lBA. 1813 2.t1d 18C. of the ou.trent pllblic rooord! of said Co'tl.n'ty; tlwneeSo\rth ·. :.< ..... ·.·.· 89C>09•S2H West, nlong "the South line ofthosa ll'lttds to ths City o£ JaclcsmlYiltitiy "''· · Condenmation Resolntion Numb~ 70-801 .. 236, as r0¢ort'led in OffioiPl ltec:ordS. ·' ·. · Volume 3202, page> 481, of .said publio records, a distance of 100..46 feet .fA:f. the •· · ·· , :·:· Westerly right o.f~y.lfnO of Old Shctt)' Drive, COlmty Rond 551 (a. 100 foot right of · way as now established, !lot currently open) and the Point o!Beginnfng for the lands . herein describe<!; thance Southerly,. along ssld Westerly .rlght of way lfu.c (es satnB is · shown on the afilrementioned plat of Ooeanwlllk Unit Four and also on the· plats of Ooeanwalk: Unit Tbree, as t¢oorded in :Plat Book 42, pages 74. 7~ 14B and 74C, · ~d Oceauwalk Unit Two, PS reco;rdcd in Plat :£1ook 42. pages 13, 13A, l3B and l3C,. · nll ofsnid public record$) the fOTiowings cburses: l)'SotU;h Ofi017'.36" Et!$~ a distimce of 39.,01 feet to the point of CllrYAtu:re of a curve C(lncava to the Northeast and ha-ving · a radius of2914.78 feet; 2} Southoastmy, aidn,g tb aro of said ourqe, a distabo~ of ·• 398.19 feet.ril~ a<:entral ang:le ofO'r'49'38 .. andh&ving a cbord bellling ofScru'th 1 1)612'25,. East Wid a chord distaD.Co o.f3Sl7,88 feet to the point of twg611Cy of ~ald curve; 3) South 14<>07• 14'•East, a.distance.of741.3S feotto the point ofcurvaruro. of.· r. cutv~;~-con.cave to the Southwest end· having a tadiru of 2814.70 • feet; 4) Southl.;ustetly, along tho ar6 of said curve, a distance of 524.47 foet, r,naldng a. ~-· .. SlJ.gle of 10" 40' 34'' and ba'ViDg a chord bearing of South 08.,.46•ss~ Ea~ and n'chord . distnnoe of 5~.72 feet to the point of tangcnoy of said ourvo; 5) South 03~6~40" · East~ a distance o£'255.~7 fbet to thc.Northline of1ho5e lands as desorlbed. in Ofiiolal R~orda Vo1um.c 5463. pa~ec29, ofsaidpubli~ records; thcnoe ~outh 8()0{)7~so·.~ West. · wong $aid North. .1b3o, a. distance of ?57 .21 :5m 'lo fb West line of said Govemment LOt 1. Sectio11 a; thence Nonh 00°54• 13•• West, along mtid West line. a distanco of 114.33 feet to the Soufu line of said sections; thence South 890S1•24., W~. along .o~aid South line o£ Scretion S, a distance of182.0& feet to the Bast line of those lands. as.· described in Official Records Volmn~ 6032, page 199. of said pnblie records; 1hentiet . North 10° 07'22''Bast, along said Bast line Bnd al.so along the Bast line of those bmds · . liS described u Officil'll Records Volume 5733, pag& l291~ a ~tanco of 1845.44 feet to the Southwest comer of those land$ described in Official .R.etords Volume 5842 . . .: .. : page 1513, of said :public records; fh=oc~ North 89°09'52" ~~ along the Souih line • · · ... of said llm~ 11. distance of 40.00 fwt; thtlt!CC! North 10007'22'' East. alongtb.e,:Bn$· .: : .' · · •.· .. '· ·· line oi said lands, n. distance of 40,00 feet to the aforcmenii.oncd Soufh lin.e ~f t):li'Jse ·. · .. , ·l'llll.ds to the City of Jaciksonviile by Condemnation; the.nce North 89°09'52,, Bast, · . . : .. : ~; ' . alo:ngsaldSouthlln.e. a.dlstau.ceof217.0S !eattothePointotBeginning: · ' · ,·. "•" ·-... : . "·; '··;_·l·:;~ . ··. :·.· . ::· ..... .:-·. -. r;. •' . . . Togother -with; AGENDA ITEM# 3A MAY9,2016 .... ~.-... T.fiE. NOR'l"HB:RLY 6(} FlmT OF SELVA 'M'AlUNA DRIVE (A 100 -::. FOOT lUG!lT OF W.AY) AS CLOSED BY T.f.IE CITY OF AT.t.ANI'.IC . · .·. · :. :~. > : .. BEACH JN ORDINANCE NUMBBR 6.So88D18, SAlD LANDS .ALSO . .. . .. , .:,_.~ c: · BmNG A PORTION OF SECTION 8, 1'0WNSE:IP 2 SOUT.Ht RANGE 29 BAST, ATLANTIC BBACE"t DUV .AL COUNTY~ FLORIDA AND BBlNG MORE P AR'I1CULAJU;YDESCR!J3W AB FOlLOWS: FOR A POJNT OF RBFBRENCE,' CO~CB ).T THE MOST NORTHWBS!ERLY CORNl!R OF ®J...VA NORTE WIT ONE AS RBCOXIDED IN l?LAT SOOK-~9. PAGES 94, 94A AND 94B OF 'lEB cu'.RltBNT PtmLIC R:BCCXRDS (JE SAID DUVAL COUNTY • . }fLORID~ SAID POlNT "AlSO .BEING nm· MOST SOU~Y CORNER OP OCEANW.AJ...K. 'ONlT TWO AS :RECORDED IN FLAT :SOOit42,. :PAG:BS 13, 13A nrR.OUGH 13D, OF SAID C'Olm.'llN'r ."PUSUC . RBcoRUS ANt> LYiNG IN TE:E BAS'l'lmLY RIGHT-OF-WAY L1NB OF SAID SBLVA MAlUNA -DlUVB; 'nm.NCB NORTH 03"26'40'' WEST ALONG SAID EASTBRLYRIGHT-OF-WAYLlNB,AD1STAN'C!B0~49.17FBBTTO A ·POINT 1N 11-ln SOlJ'l'.aBlU.Y LlNE OF SAID O:R:O:iNAN'CE NUMBER 65..8&-!8 AND T1m POJNT OF :SEGlNNlNG; THENCE NORTH 85°09'23 11 WEST AI.ONG SAID SOtJTB:E:RL.Y LlNB, A D~STANCB OF lOl.M F.BET TO A POJNT IN THB WSST.BR.(.,Y RIGHT~o:F-WAY LINB OF .SBLVA MARINA DRIV.B; THENCE NORtH: 03°26'4011 WEST ALONG SAID WESTBRLY RIGHT-OF- WAY LlNB, A DISTANCE OF oo:63 FEET TO A POINT IN' THE NOR'l."HBRLYLINB OF SAID SECTION 8, THE CITY OF ATLANTIC :BEACH AND S.BLVA MAlUNA DlUVl3; 'I'B':BNCB SOUI"H 85°09'23° EAST. CONT!NUJNG ALONG SAID NOR'l'.ftBR.LY lJNB, A DISTANCE OF 101,06 FBBT· TO A POINT lN nD3 :sAST.BRLY :RlGI'IT-OF-WAY LINE OF S.AID SJ!LVA MARINA DBIVB; TB.BNCB SCUrR 03"'26'40"EAS't ALONGSAlD~YIUGET..OF-WAY llNE~ A DISTANCBO:F 60.63 FEBT<"£0 t:fmPOlNT'OF:SBGINNING., PA:R.CEL2 .. · .. A :PORTION O.F T.BB .ANDREW DBW.m!S C'.'iR.ANT, SECTION 37, CITY OF . · JACKSONVILLE. DUVAL COUNTY, FLORIDA AND BBING MORE· .· PARTICULARLY D:SSCRIBBD AS FOL..OOWS: :FOR A .:PO!Nr . OF l:UW.ER.ENC.B, COMMENCE AT THB MOST NORTHWBS'l'El'U;Y CO~ OF SELVA Nb:RTB ONJ.T ONB AS R.BCO:RDBD lN PLAT BOOK 39, P.A.G:SS~ .. . ·. :,,, 94, 94A AND 94B, SAID POlNT Al.SO BBING THE ¥0ST · ·. : · · · SbUT.BWBS'l.'.BRLY CORNBR OF OCEANWALK UNlT TWO M RECOEDED .. := · · · ··· . · lN' PLAT BOOK 42, PAGES 13, 13A 'IXROUGE: 13.0~ BOn! OF ·TE:B .. ·. CURtU3m PUBLIC RECOlUlS OF DUVAL COUNTY, FLORIDA ·AN.P ·' LYlNG lN THE BAS'.tBRLY RIGHT-OF·WAY :I.JNE OF SAID SJ;:LVA,; MARIN'A DlUVB; T.EBNCE NORTH 03~6'40" 'WEST ALONG ~..M;I>·., ·:-..- ;·' AGENDA ITEM #3A MAY9,2016 . . . liASTBRLY lUGHI'·OF~WAY I..lNB1 A DISTANCE OF 110.40 F.Bm"l'OTHR·: ··. , 1 · NORT.EJ!RLY UNa OF 8Al0 SECTION S, .AUJO ImiNO T.HB NOR.TB:.:CITY · . . . . ' · · · · ·: .· ·. · .. . LIMITS LINB OF .An.ANTIC BEACf! .ANIYTI:lE ~ ~ ·: • ~ : . ' . . 'liiBN'CS NOliTH 85"0923"' WBSTI A DlS'l'ANCB OF 101.06 .F.E.BT TO TBE .. · .... ·.·. ' ·. • WBSI'.BRLY RIGHT·OF·WAY LlNB OF SAID SBLVAMAIUNA D~· SAllS~. • · · ··· ·. ~ . . . : ... ·, .. :: ro1NT ALSO BRING T.EfB WESTERLY lUGB.To.Ol?-WAY LlNB OF OLD SfiBl.m.YDIUVE (A 100 FOOT R!GET-OF-WAY M NOW ESTAB:rJSHm>); · . · TEBNCE ALONG SAID WEST.BRLY RIGHT-OF-WAY LlNE ·.:THE• FOLLOWlNG FrVB (S) COURSES AND 'DISTANCES~ COURSE NO. lf NORTII 03'"26'40" 'WE~ A DISTANCB OF 190~73 FBBTTO 'IBE:POlN'r OF CURVATURE OF A CURVE CONCA VB WES'tBRLY AND HAVING A RADIOS OF 2814.10 FEET~ COURSE NO. 2i T.HBNcB NOR'I'BBRLY .ALONG · · · · · · · THE AJJ..C OF SAID CURVE. AN ARC DlSTANCE OF 524.43 FimT TO ;rUE POJNT OF l'ANGBNCY OF SAID COR. \IE, SAID .ARC BEING SUB'l".BNDED. llY A CHORD BEARING AND DrsTANCl3 OF NORTEt 08°46'58,. 'WEsT, 523.72 FEET. COl.JRSB" NO. 3; THENCE NORTH 14°07'14'" WBST. A DISTANCE OF 141.36 FBBTTO THE POINT OF CURVATORB OF A COllV.S CONCAVE EASTERLY AND HAVING A RADIUS OF 2914.78 FEET. COURSE NO. 4; 'l."H:SNCB N'ORl'HEiU.Y ALONG 'I'1lB ARC OF SAID COR"V.a AN ·AAC D!STANCE OP 398.19 FEET 1'0 '!1'f.E POINT OF . TANGENCY OF SAID cr.T.R.Vl3. SAID AR.C BBlNG SUBT.BNDBD BY A CHORD l3:BARING AND DISTANCE OF NO.Rtr:i 100'12-'25" .WBST~ g97.88 F'.B:BT~ COURSE NO.5; '.I'.HBNCE ~ORTH 06°17~fii' WEST, A DISTANCB OF 39.07 FBET TO THB SOUT.B:BRLY LlNl! OF KAT.BRYN ABBY HANNA· P.Att AS DEsCR!Blm AND RECORDED lN OFFICIAL RECORDS VOLUM:B 3202. P~<\.GE 481 OF SAID CUKRBNl' PUBLIC RECORDS; tl!BNCE NORTH 89"09'52 .. EAST .ALONG SAID SOUTHERLY LINE.. A DISTANCE OF 100;·46 · FEET TO A POiNT SITUATE IN TilB BASTBRLY RIGHT-OF-WAY LlNl3 OF SAID OLD S:aE!m.Y D~ SAID POINT AI.SO B'ElNG THE NORTltWES't.EiU.Y CORNER OF OCB.AN\VA!l( iJNlT FOUR, .AS DESCRJBEP AND RECORDED lN PLA.T BOOK 42, PAG.'BS 18~ 18A T.B:ROUGH 18C OF SAID CtJRR.'BNr Fu.BLtC RBCOlU>S; '.I'.fl:m'ICB. DEPARTlNG SAID SOUTHERLY I,JNB .AND ALONG SAID BAS'I';BRLY lUGHT..OF WAY LINE OF OLD SRE:R:R.Y Dl.UVB. T.8:B FOLLOW:fi'.I(~FIVB (5) CO'UR.S.BS AND DISTANCES: COURS.E J'[O. 1; SOUTH 06°17'36" EAST1 A DlSTANCB OF 29.52 F1!F:£ TO Tim roJNr OP CUR.VAi'U.RB OF A CUlt VB -· CONCA VB EAS'l'l3.RLY AND liA. VlNG A RADIOS OF 2814.78 FEET, COURSE NO.2;-nmNCB SOurimRLY ALONG Tim ARC OF SAID CURVE, AN ARC DISTANCE OF 384.53 F'EliT TO THB POINT OF TANGENcY OF·· · · ·. · ., " SAID cURVE. SAlD ARC BEING SU'BTENDED BY A CHORD BEARING -· ·' · · · .. ·. ••· .. ·• . AliD DISTANCE OF SOUTH 10012'25" BAST, 384.23 FEET, co'tJRSE "N0~-3j. ·. '''' ·.: ·." ·. ·.· · ·· ' ·. -., ·· '·: ·. · .. .. . . THENCE SOU'IH 14~>07'14" BAST, A DIST'.ANCB 01! 741.36 FEET To·:nm ' :· · : . ·:. ··:··· POlNT OF CURVATURE OF A CUR.VB CONCAVE WE8TBRl.Y AND .· ... .. RAVING A RADWS OP 2914.70 F.BB'r, COWSB ~0. 4; THENCE ··: ·.· · SOUI'HERLY ALONG THB AAC OF SAID CURVS,·AN IJ!...C DJSTANCB'OP ·, :·:•: ... . ·.· · · . 543.11 FEBT TO THB llOlNT OF TANGENcY O'F SAID CURVB~ SAID ARC .. .. · _:'·.· . :'·:; .. •,>· ·'·. . ... .. ·. · .. · .. . · ....... _. .. . ·.'. :•·, :·::-··.· ... .. ... •• 0 ...... " . ·'·.· ··.··. ·. ·: . .. ··-.. -.. - AGENDA ITEM #3A MAY9,2016 :BEJN'G ST.:!BT.END:SD BY A CB:ORD BEARING ..AND DISTANCE OF SQ'f):',('l-J::"', _.: .• ,: .. ~ ·· ,-· . 0& ... 46'58'1 EAS'l'* 542.32 FEET. CO"(JRSB NO. S; TB:ENCS SOUTH 03°-U'M),''.: .. : : .. , . · .·: BAST.ADISTANCEOF205.30FEBTTOTHEFO@'Ql!B)lGJNNI]{Q. :::'-.: · ~: .•. ; .··. ,. . . .·._; Exhibit 3 Prepared by and Return to: AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS AGENDA ITEM #3A MAY9,2016 This Amendment to Declaration of Restrictive Covenants (this "Amendment') is made this __ day of , 2016, by The Estates of Atlantic Beach, LLC, a Florida limited liability company ("Estates") and the City of Atlantic Beach, Florida ("City"). BACKGROUND FACTS Estates executed that certain Declaration of Restrictive Covenants on October 2, 2009 and recorded the same on October 19, 2009 in Official Records Book 15040, page 1819 of the public records of Duval County, Florida (the "Declaration") to provide for certain restrictions on the development of the real property described in the Declaration. A. Estates and City now desire to amend the Declaration to release and delete most of the restrictions set forth in the Declaration and to modify the provisions of the Declaration relating to access to Mayport Road on the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Background Facts. The Background Facts as set forth above are agreed to be true and correct and are incorporated herein by this reference. 2. Capitalized Terms. Capitalized terms not defined herein shall have the meanings assigned to them in the Declaration. 3. Removal of Restrictions. Sections 1, 2, 3, 5 and 6 of the Declaration are each hereby deleted in their entireties and shall be of no further force or effect. 4. No Direct Access to Mayport Road. Section 4 of the Declaration is hereby deleted and replaced with the following: "4. The development plan for the property shall prohibit any direct connections leading north or west from The Estates property that could directly connect to Mayport Road, so that there would be absolutely no direct vehicular ingress to The Estates property from Mayport Road and no direct vehicular egress from The Estates property to Mayport Road. AGENDA ITEM #3A MAY9,2016 The sole direct access to The Estates property shall be from Fleet Landing Boulevard." Also, there will be no additional vehicular ingress or egress built at Selva Marina Drive. 5. Effect. Except as specifically amended herein, the Declaration shall remain in full force and effect. [Signature Pages Follow] AGENDA ITEM # 3A MAY9,2016 IN WITNESS WHEREOF, the undersigned has caused this Amendment to be signed by its duly authorized representative, as of the day and year first above written. Signed, sealed and delivered in the presence of: Print Name _________ _ Print Name _________ _ STATE OF FLORIDA COUNTY OF DUVAL THE ESTATES OF ATLANTIC BEACH, LLC, a Florida limited liability company By: ----------------------------- Greg Forbes Its Managing Member The foregoing instrument was acknowledged before me this __ day of _____ , 2016, by Michael A. Sones, as the Managing Member of The Estates of Atlantic Beach, LLC, a Florida limited liability company, for and on behalf of the limited liability company. He is personally known to me. NOTARY PUBLIC Print Name My Commission Expires: ________ _ [Signatures Continue on Following Page] AGENDA ITEM # 3A MAY9,2016 IN WITNESS WHEREOF, the undersigned has caused this Amendment to be signed by its duly authorized representative, as of the day and year first above written. Signed, sealed and delivered in the presence of: Print Name ------------------- Print Name __________________ _ STATE OF FLORIDA COUNTY OF DUVAL CITY OF ATLANTIC BEACH, FLORIDA By: ------------------------------ Name: ----------------------------- Its: The foregoing instrument was acknowledged before me this __ day of ____ , 2016, by , as the of the City of Atlantic Beach, Florida, for and on behalf of the city. He is personally known to me. NOTARY PUBLIC Print Name My Commission Expires: ______________ _ ~ I g Q ~ "' ! Cl i ~ ~ ~! u 5l !;;:, "' " V~·~ ~~~ ~ag ;;;; ••• g~g ~~~ l's~.._ ~m z~~ .. ~-j ~~ ~ ;H i!~l ~ ~~h ~ ·~·· ~ !:l~tl~ "' ~3i; i ~-@~ 3 ~j;!~~ ~ ~~~· ~ .~.~ ~ ~~G~ ~ ~~~~ ~ e!5~!l ~ ~~~; ~ ~~~'z! ~ ~~~~ ~ ~i~~ ; 3~~~ a ~g~~ ~ ~~d~ ~ ~5~~== ; ;11~1~ ; ~. ~~ ~~ g! ~.~;~ ~ i I II " ~ ! I --ll • I I l : '-' !--1 ; ~\ 1;, ~tl \·~ • "< ll "~ m~i~ ~~~; .. ~,, s~~t~ ""ori. ~~'i::~ ~n=~ 5~~t ""~]'!~ ~~~~8 ~·~·~ ;i~~~ ~~~i~ 5 ~!~~; ~ ~;~~b ~ ~dd I " . 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S...~UC."-IiiiCCet,.ftlT,IIICI"'C.-~)ttc~.,r~-lr!IOM~ .. ...,..,UIIIOIDt*,th-..ci"'ZQ, IIOIICtJII.m %CH*l ~ ~~~~ D!'JCirt'r~~ =::::.-:s.~=-~--:.·::::--... ~·---.. --=..-:n.-.,...·----~ ~-=:.-... , m ~:;:+:?rs:;::=.:.~·,:=;:-~-- 111 =:-::-:=.-::..':.::::-·-,·--,-----~--• _.,.. __ f\11 ... _.,.,_, __ ...,_,.1, .. ~--. .... -.......... -::=. lGl COQ.<r,OC .,. ..u. wuoo<IIIO ~ ~=~::::..;::_::.~::=-.: .. -... ___ .. _._ ........ .,..~!$. 111 :=~:::::::o-~·-... --.--"" ... --..... _ a·----___ ,.., .• :-~-::1::-·"'---~---...... lit ...... . I.~-~:".:::....-.... --" _ ...... " :-.:.:~·.:::,~-:..-.... -::-~ =..~.:::=..:-.:= _, ... _ . "'., ..... ..., w .. ~~ • ~w---·-·· ... ~-· .. --~-·--··-··-·-~.. ----·· ~"'M1'0f~ l't --·-·~-_, _____ ... ___ _ ... _ ...... _ _.... _____ .. ________ _ -·-01-... --·-·--.. ---·-··fll;f i AGENDA ITEM# 3A MAY9,2016 Recreation Programs Special Events -City Commission Report ·-,_ March2016 Events, Rentals, & Facilities Feature d Events In M a rch Songwriters' Concert, Art Walk Reception, Wild Wonders, Acoustic Night, Egg Hunt One Time Fa cility Rentals Ade le Grage 1-Ba ker Center Jordan Cente r Speci al Events/Permi ts W eddings on be ach o r parks Pavilions & Parks ··I---Camping Dut t o n 1- Beac h handicap chair -1- Other -Vet Pa rk, 5k, Nature day, etc -1-Pa rty -Block Party, Party In the park Fi res on t h e b ea ch Afte r School Programs Donner After School Program Jord an After Schoo l Program City Sponsore d Ev e nts Seniors@ the Baker Cente r rr. , . · ... 1. r T I Songwriters' Con cert Zumba@ Jordan Park (4} '!· -. Acou s ti~ Night • .. . . --. Cooking Class@ Jordan Park Wild Wonders Egg Hunt J ·-' II of registrations/ applicati on s a 4 4 2 2 26 13 2 1 1 4 35 42 --1- AGENDA ITEM# 4A MAY 9, 20 16 --- II of staff/ vol, II of II of partlc lpant.s/ co mmittee occurrences attendees attended 4 4 2 2 26 13 2 1 1 4 24 27 per day 4 tutor s/1 staff 24 70 per day 6 tutors/1 st aff 13 1 1 30 1 4 28 1 1 75 1 1 15 1 2 75 1 1 200 4 ~-~ 'A·~ . -Art Show/~eception ... • 1 25 1 ·-ABET · Ch ildren 's Performances 1 77 0 -City Contract Prog rams ABET Performa nces 9 614 0 ---Te nnis-Beaches Tennis 26/12 jrs. 0 Upcoming Events & Programs In April Wild Wonders 4/9 & 4/23 - 1-Songwriters' Co n ce rt 4/10 1-I -Shakespeare in the Pa rk 4/15 & 4/16 ... 1- ~ Art Show & Ex hibit 4/21 ... 1- ~- Arts In the Park 4/23 I I ~ --Acoustic Night 4/24 1- • Please v isit us online @ coab.us/recr ea t ion for ca lendar of events ~-·- ,..Sign up for notices on "No ti fy Me" fo r -t ·-1- I programs & eve nts - City of Atlantic Beach Major Public Works Projects FY15/16-Status 4/25/16 Project Name Budget Project Activity Notes Utilities Effluent Outfall Replacement $320,000 Bid opened on 3/2; low bid exceeds budgeted This is replacement of the end ofthe beaches combined amount budget. Working with Jax Bch and effluent pipeline and is cost shared by the 3 beach Cities. Neptune Bch on additional fuhding. Consultant obtaining costs for new line suspended from piling versus buried. Atlantic Blvd Waterline Upgrade $100,000 Design only Waiting on water model completion Update Water System Model $30,000 Model built and calibrated. Consultant preparing Evaluating capital improvement requirements and impact if and running and evaluating scenarios. WTP #4 is removed from service. Well Logging -6 wells $130,000 Discussing scope with different consultant to This is a down hole check of the structural integrity of our eliminate or reduce subconsultant layeri ng. drinking water wells. Replace Water Main on Seminole Rd. $700,000 Design revisions underway -part of Seminole Finalizing design revis ions with stormwater and streetscape From Atlantic Blvd. to S-Way Road Streetscape project. components of project. WTP2 North Fence Replacement $10,000 Installation completed 4/7. Repla ce Seaspray water services $100,000 Project completed within budget. Work needed because of recurring line breaks and accompanying outages Sewer Line rehab Sea Oats $200,000 Received scope for pipe lining; coordinating Involves lining of aging sewer infrastructure to reduce water manhole lining scope/cost SpectraShield inflow & infiltration (1&1). Phosphorus Treatment Improvements $225,000 Preliminary engineering Report completed. 60% Received grant to offset portion of cost. WWTP engineering design compl eted . Permitting through FDEP and setting up temporary feed system. 2 repairs Gravity Outfall to JCW $30,000 Consultant preparing TV inspection review assessment and maintenance plan . Combined Plant Renewal and ~278,000 Addressing items separately in-house. Utility staff working with vendors & purchasing. Replacement Soft Starts WTP 1,2,3 $10,000 Awaiting final quote from vendor. Chlorine AutoControl $31,000 Equip. purchased -coordinating install date Control Bubbler System $15,000 Awaiting shop drawing from vendor. LS Control Panel $19,000 Under fabrication by supplier. LS ABCD Softstarts $55,000 LS "B" softstart install in progress. Will evaluate prior to installing at other stations. Replace Kruger Disks $6,000 On order. New Influent Screens $20,000 In Purchasing. Replace Elf Pump 112 $50,000 Commissioner Stinson investigating alternate equipment/suppliers. Replace RAS Pump $50,000 Commissioner Stinson investigating alternate equipment/suppliers. Replace Influent Pump $22,000 Awaiting results of hydraulic study. .I Pump requirements/specs may be updated. Parks Projects Russell Park Renovation $160,000 New swing set installed. Basketball lighting in Other improvements being planned . $50K grant to progress-equipment ordered by vendor. supplement funding Scope/quotes & Schedule in progress for outfield irrigating & sod. Bull Park Improvements $35,000 Replacement of playground fence in progress Landscaping complete. New swing installed . (Purchasing). Twin Lake Parks Design $25,000 Re-evaluating task based on Commission Project revised; awaiting proposal for pond bank restoration. direction and public input from community Application for FIND grand funding not submitted this year. meeting. Marsh Multipurpose Path $540,000 Bid opened on 3/2; low bidder within budget. $50% FIND Grant funded. Will overlay asphalt roadway Project to start 5/9. concurrent with Marsh Path project. Vet Park Playset Replacement $40,000 Working with Vendors to select "s hip" theme play Using COJ funding secured by Councilman Gulliford to set. supplement original budget for upgraded play set. Publi c Works Projects Seminole Road Improvements $900,000 Consultant revising design to redirect stormwater Bidding late Summer. from Saltair area and Howell Park. Francis Avenue Drainage $650,000 $100% CDBG funding. Co nstruction in progress-Shopping drawings reviewed and approved. Improvements currently mobilization and site preparation. Beach Renourishment $0 Scheduled for summer of 2016 100% paid with Federal and County funds 2016 Resurfacing Program $330,000 Milling & paving to start 5/2. Anticipate 1 week for milling, 1 week for paving and 1 week for striping and finishing. Ahern Bike Plaza $15,000 Installation by City forces in 1st quarter of 2016 Grading complete. Initial rack installation completed (3 near Lifeguard station . racks). Monitoring to gauge usage/demand . Atlantic Blvd Bike Plaza $50,000 Negotiating with property owner for location. Design not started. Sherry Safe Route to School Sidewalk $0 8' sidewalk along Sherry & Seminole from Ahern Design & survey recently started. Town Hall meeting schedule to 17th. Design and construction funded by DOT. for 5/7. Construction sc h eduled for seco nd half of 2017 . Police Building $2,892,700 Guaranteed M ax. Price and Budget Amendment GMP came in over budget. Project discussed individually with Ordinance on 4/25 agenda. Commissioners. AGENDA ITEM: SUBMITIED BY: DATE: BACKGROUND: BUDGET: RECOMMENDATION: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Authorization to Apply for Cultural Facilities Program Grant Timmy Johnson, Recreation Director April 25, 2016 AGENDA ITEMS# 4B MAY9,2016 Staff is requesting authorization to have Langton Associates submit a Cultural Facilities Program Grant through the State Division of Cultural Affairs. With authorization from the City Commission, an application will be submitted to seek funding for renovations at Adele Grage Cultural Center. Specifically, staff would like to upgrade the sound and seating in the theater, improve the window treatments and stage, create a small storage facility, and add lighting in the park. The total project cost is approximately $150,000. The grant request is for $75,000 and the city would match with $75,000 in-kind service and cash. The Cultural Facilities Program coordinates and guides the State of Florida's support and funding of renovation, new construction, or acquisition of cultural facilities. A cultural facility is a building which shall be used for the programming, production, presentation exhibition of any of the arts and cultural disciplines. Including music, dance, theatre, creative writing, literature, architecture, painting, sculpture, folk arts, photography, crafts, media arts, visual arts, and programs of museums. At least 25% ($37,500) ofthe required match must be cash-an-hand, dedicated to the project and made available within 90 days of state grant funding notification. Authorize staff to prepare and submit a Cultural Facilities Program Grant through the Division of Cultural Affairs for Adele Grage Improvements. '-'J ./1' I //1--4~ REVIEWED BY THE CITY MANAGER, ___ Y I_ ,v_ c'-4/"_~_'~-c ____________ _ STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA JTEMS # 7A MAY 9,1016 AGENDA ITEM: ORDINANCE NO. 20-16-137 DATE: AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR THE I'URPOS.E OF ADDING FUNDS FOR THE CONSTRUCTION OF THE POLICE BUILDING, AND PROVIDING AN EFFECTIVE DATE. March 31 ,20 16 SUBMJTTED BY: Russe ll Caffey, Fi nance Director ~y BACKGROUND: The current year budget appropriated $2,892,700 for the Pub lic Safety Bui lding Project. On March 30, 20 16, the City received an upd ated contract proposal totaling $3,468 ,000 (Sec ilemized attachment). This budget modifica ti on will amend th e project budget to include the new co ntr act bid amount. The Genera l Fund ha s a projected cas h balance of $5,736,039 at year end. This balance is $2,899,997 above the 25% operating reserve target. In t he past five years th e Public Safety Division has contributed $789,048 in unspent funds to the Fund Balance. These co ntributio ns ha ve been a major driv er in the accumulation of Genera l Fund Balance. BUDGET: Mid-year budget modification to transfer$ 575,300 from the General FUJtd to the Capi tal Project Fund. The new total for the Capi tal Project Pund will be $3,468,000. RECOMMENDATION: To adopt Ordinance NO. 20-16-137 amendi ng the 2015-16 Annual Budget to provide additional funds for the Police Building Improvements ATTACHMENT: 1. Ordinance No. 20-16-137 . 2 . Po lice Building Contract Reconciliation REVIEWED BY CITY MANAGER: ORDINANCE NO. 20-16-137 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR THE PURPOSE OF ADDING FUNDS FOR THE CONSTRUCTION OF THE POLICE BUILDING, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7A MAY9,2016 WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time, and WHEREAS, the City is amending the operating budget to add net funds totaling $575,300 for the increase in the Governmental Capital Project Fund for the revised total of the Public Safety Building. WHEREAS, the City of Atlantic Beach did not include the funding of this purchase in the adoption of the original Fiscal Year 2016 Annual Operating Budget and therefore must amend the budget to have sufficient amounts within the Governmental Capital Project Fund in order to fund the purchase. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2015/2016 Budget to be amended as follows: GENERAL FUND Expenditures: Transfer to the Governmental Capital Project Fund $575.300 Fund Balance: <$575.300> GOVERNMENTAL CAPITAL PROJECT FUND Revenues: Transfer from General Fund $575.300 Expenditures Capital Improvements-Police Building Project $575.300 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this __ day of ___ 2016. AGENDA ITEM# 7A MAY9,2016 Passed by the City Commission on second and final reading this __ day of ___ 2016. Mitchell E. Reeves Mayor I Presiding Officer Approved as to form and correctness: Brenna M. Durden, City Attorney ATTEST: DONNA L. BARTLE, CMC City Clerk City of Atlantic Beach Police Building Project Reconciliation Original Budget $ 2,892,700 Itemized Scope Increase 195,600 Actual bid price variance above the approved budget amount 44,500 Auld & White Guaranteed Maximum Price (GMP) 03.30.16 Project Alternates 03.30.16 Shingle Siding-Replace and Repair $ 27,300 Remove Radio Antenna-Fire House 2,400 Generator 81,200 Proposal for Fit-Up 03.30.16 Uniform Lockers and Shower Benches $ 9,500 Furnishings and Blinds 4,100 Low Voltage I Structured Wiring I Security (Allowance) 96,000 Overhead and Profit 20,000 Performance and Payment Bond 2,600 General Liability Insurance 2,100 Gun Lockers, Evidence Shelving and Lockers (Allowance) 90,000 New GMP after alternates and Fit-Up Current Budget Budget Modification Amount $ $ $ AGENDA ITEM# 7A MAY9,2016 3,132,800 110,900 224,300 3,468,000 (2,892,700) 575,300 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ORDINANCE NO. 45-16-22 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE FOLLOWING CHAPTERS AS NOTATED AND TO REAl) CITY MANAGER OR DESIGNEE WHERE PREVIOUSLY NOTATED CITY CLERK: CHAPTER 18, SOLICITATIONS; 18-2 PERMIT, REGISTRATIONS AND FINGERPRINTING REQUIRED; SECTION 18-3, FEES; SECTION 18-4, R EGULATIONS AND PROHIBITIONS; SECTION 18-6, IN SPECTION OF BOOKS AND RECORDS; SECTION 18-7, REVOCATION; SECTION 18-8, EXCEPTIONS AND CllAPT I~R 20, TAXATION; ARTICLE Ill, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RI.CCEIPT ; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENALTIES AND DELETING THE REQUIREMENT THAT THE C ITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIAN CE BY RECEIPT HOLDERS; PROVIDING FOR CONFLICT; l,ROVIDlNG .FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. SUBMITTED HY: Ru sse ll Caffey, Director of Fin ance ~ y April 26, 20 16 DATE: TR.A TECJC PLAN LINK: S uccess ion Planning BACKGROUND: A GENOA ITEM # 7B MAY9,2016 Ordin ance 45-16-22 had initia l and seco nd read in gs at the March 14th and March 28 th meetin gs, respect ive ly. At the request of th e City Mange r, this agenda item was deferred in ord er to be rev ised lo include Chap ter 18 Solicitations. Tn an effort to streamlin e operation s of th e C ity to co ntinu a ll y do more w ith fewer reso urces, l am pro po sin g a s hift in responsibilities of the dail y duti es of man ag in g Soli cit a ti ons and Bu si ness Tax Receipts from the Ci ty Clerk to the C ity Manager, more specifica lly to the Finance Dcpa rtm enl [n my opini o n, the j ob du1ics a re bette r s uited for th e Finance Department than fo r the Clerk 's Oftice due to th e nature of th e dut ies . Reason s tbr thi s chan ge arc hi ghli ghted bel ow: 1. One of th e most significant reaso ns to impl emen t a change is tha t alth oug h the code indi cates th at the Clerk's Office is respo ns ibl e, a s ignificant portion of th e work is not s up ervi sed by the C lerk . The zo ning ap prova ls, inspec ti o ns and th e co ll ection of the fees are a ll perfo rm ed by oth er depar tm en ts. \Vh en pr obl ems arise, th e Clerk has no authority over the per so ns o utside her department pe rformin g the tas ks. There should be one person responsi bl e for the to tal pr ocess to AGENDA ITEM# 7B MAY9,2016 insure that the treatment of customers is unifmm and consistent, the fees are applied correctly and the inspections are performed timely. 2. According to the Clerk, the Clerk's Office has been experiencing great difficulty performing this function at a front counter, taking up much needed time that should be devoted to records management. The Clerk has repeatedly brought it to my attention that her Records Clerk has difficulty working on records with the interruptions of the front counter. Moving the Solicitation and Business Tax Receipt functions across the hall should alleviate some of this pressure. The Record's Clerk would be better utilized assisting the City Clerk with public records requests and processing records that need to be scanned and indexed for future reference. 3. The Finance Department already processes tax receipt payments, the Building and Planning Department perfmms 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 limit the need for the Clerk's Office 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 perfmm 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 Solicitations and Business Tax Receipts from the City Clerk to the City Manager or his designee by amending Section 18 of Chapter 18 and 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 REVIEWED BY CITY MANAGER: AGENDA ITEM# 7B MAY9,2016 ORDINANCE NO. 45-16-22 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE FOLLOWING CHAPTERS AS NOTATED AND TO READ CITY MANAGER OR DESIGNEE WHERE PREVIOUSLY NOTATED CITY CLERK: CHAPTER 18, SOLICITATIONS; 18-2 PERMIT, REGISTRATIONS AND FINGERPRINTING REQUIRED; SECTION 18-3, FEES; SECTION 18-4, REGULATIONS AND PROHIBITIONS; SECTION 18-6, INSPECTION OF BOOKS AND RECORDS; SECTION 18-7, REVOCATION; SECTION 18-8, EXCEPTIONS AND CHAPTER 20, TAXATION; ARTICLE III, LOCAL BUSINESS TAX; SECTION 20-53, HALF YEAR RECEIPTS; AND SECTION 20-54, DUE DATES AND DELINQUENCIES; PENALTIES AND DELETING THE REQUIREMENT THAT THE CITY CLERK SHALL DISCONNECT WATER SERVICE FOR NON PAYMENT; AND SECTION 20-56, COMPLIANCE BY RECEIPT HOLDERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7B MAY9,2016 WHEREAS, the City Clerk is currently assigned the duties related to the management of solicitations and the issuance and renewal ofbusiness 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 solicitors and 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. A GENOA IT EM I# 7 8 MAY 9, 20 16 WHEREAS, th e C ity Commission now fin ds tha t it is i n th e best i n terest of the C ity to tra nsfer th e resp o ns ib il ity of m an agi ng So licitors a nd Business Tax R ecei pts fro m the City C lerk to the C ity M anager or hi s designee an d th erefore desires to am end Section 18 of C h a pter 18 a nd Section 20 of C ha pte r 20, A r1iclc Ill, of th e A tla nt ic Beach Cod e of O rd inan ces. NOW THE REFORE, B E IT ENACTED BY THE C ITY COMMISSION O N BEHALF OF THE PE OPL E OF THE CITY OF ATLANTIC BEACH, FLORIDA : SECTION 1 Code A m ended. T hat Section I 8 of the Cod e of O rd in ances, related to sol icitati o ns in tl1 e C ity of A tl a ntic Beach Flo rid a is h ereb y am end ed as fo llows: Sec. 18-2 . -Permit; r egistration a nd fin ger printin g required . Each and every soli cito r, before ente ring into or upon a re s id e nti al pre mi ses within th e c it y fo r th e purpose of s o li c iti ng, sh a ll register with th e-ciw manager or desi gnee eity cleric , o bta in a permi t , and f urn is h the ci ty manager or desrgnee city clerk with the fo ll owing: (I ) (2) (3) (4) (5) (6) T he nam e, local and pe rm a ne nt a dd resses, age, r ace, weig ht, he ight, co lor of h a ir a nd eyes a nd a ny o ther di stin gui s hin g phys ical c haracte ri sti cs of tb e a ppli cant; T he n ature o r purpose for w hich sol ic itat ions w il l be mad e and the nat ure of the goods, wares o r m e rcha ndi s e offered fo r sale; T he na m e a nd address of the emp loyer or o rga ni zat io n represen ted , i f any; A statement as to w h ether th e applicant h as been con victed of any fe l o n y or m is de m eanor a nd, if so, the nature of the offen se, wh en and wh ere con vic ted a nd th e p enalty o r punishme nt as sessed the re fo r; A comple te set of fi ngerp rin ts tak en by th e chief of po lice o r his dcs i&rn ee; a nd A utho ri za ti o n f o r a c rim in al backg ro und investi gati o n . S ec . 18-3. -Fees. A fee of th i11 y-fi ve dollar s ($35.00) to cover th e cost of i nves ti gatio n of the app li can t and process ing o f the appli cati o n s hall b e p aid to th e city manager or designee city olerk w h en th e app lication is fil ed and shall no t b e r eturnable und er any ci rc um s tances . In addition to t he AGENDA ITEM I# 7B MAY 9, 20l6 aforementioned fee , each soli citor shall be require d to pay for a soli c itor's pe rmi t as provided in section 20 -59 of the City Code. Sec. 18-4.-Regulations and prohibitions. (a) (b) (c) (d) (e) (t) (g) Whil e engaged in soli c iting in or up on residential premises, each solicitor s hall carry and prominently display the pennit issu ed by the ctty ma nager or designee eity elerk which s h all co ntain the name, address and tel e pho ne number of the so li citor, as well as the name of th e person or organization for whose be nefi t o r on whose beh alf the so licito r is acti n g. No solicitor s hall in any way unlawfuJJ y o bstruct, delay or interfere w ith the free movements of any person against that person's will or seek to coerce or physically disturb any o th er p e rson. No solicitor shall in any way unlawf ully obstruct, delay or in terfere with veh ic ular traffic within the ci ty . No so li c itor s hall solicit d oor-t o -doo r at any resid ence b etween the h o urs of s unset a nd 9:00 a.m. No solicitor s hall solicit, except under the conditions pcn nitted , if p ermi t required, by ~cdion 18 -2 . It shall be unlawful to so li c it at, nor enter upon, any premises withi n the c ity where a "No Soli citation" sign i s posted in accord a nce w ith the provisions of this subchapter, unless o therwise invited onto the pre mises for that purpose. It is unlaw ful for any person in co nn ectio n with the pl anning, conduct o r execution of a n y soli citatio n to: (1) (2) (3) Make mi srepresentations or mi s leading s tatements to the effect that a ny o th e r person or organization s ponsors or endorses s uch so licitation, a pproves of its purpose, o r is connected therewith, when that person o r organiza tion has not given written co nsen t to th e use of its n ame. Represent that the co ntribution is for or on behalf of a n organi?.ati on or s po nsor o r to use any e mblem, device o r prin ted m a tter belonging to or associated with a n organi zation or spo nsor, without fi rst being a uthorized in writing to do o b y the organization or s po nsor. (4) (5) (6) (7) (8) (9) (10) (11) AGENDA ITEM# 7B MAY9,2016 Use a name, symbol, emblem, device, service mark or statement so closely related or similar to that used by another organization or sponsor that the use thereof would mislead the public. Falsely state that the person is a member of or a representative of an organization or sponsor, or falsely state or represent that the person is a member of or represents a law enforcement or emergency service organization. Misrepresent or mislead anyone by any manner, means, practice or device whatsoever to believe that the person or organization on whose behalf the solicitation or sale is being conducted is a charitable organization or sponsor, or that any of the proceeds of the solicitation or sale will be used for charitable or sponsor purposes, if that is not the fact. Represent that a charitable organization or sponsor will receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than that identified in any filings required under Chapter 496, Florida Statutes, or that a charitable organization or sponsor will receive an actual or estimated dollar amount or percentage per unit of goods or services purchased or used in the charitable or sponsor sales promotion that is greater than that agreed to by the commercial coventurer and the charitable organization or sponsor. Use or exploit the fact of registration or the filing of any report with any governmental agency so as to lead any person to believe that such registration in any mmmer constitutes an endorsement or approval by the state. Make misrepresentations or misleading statements to the effect that a contribution or the display of any sticker, emblem or insignia offered to contlibutors will entitle such other person to any special treatment by emergency service employees or law enforcement officers in the performance of their official duties. Solicit contributions from another person or organization while wearing the uniform of an emergency service employee or law enforcement officer, or while on duty as an emergency service employee or law enforcement officer, except where the solicitation is for an organization exempt from federal income tax under s. 501 ( c )(3) of the Internal Revenue Code or except when soliciting contributions to benefit an emergency service employee or law enforcement officer who has been injured in the line of duty or to benefit the family or dependents of an emergency service employee or law enforcement officer who has been killed in the line of duty. Solicit contributions on behalf of another person or organization using any statement that the failure to make a contribution shall result in a reduced level of law enforcement services being provided to the public or the person solicited. (12) (13) (14) AG ENDA IT EM #17 0 MAY9,2016 Em p loy in a ny solic itat io n a ny dev ice, s cheme o r arti fice to d efraud or to o b ta in a contri butio n by m eans of a ny deception, fa lse p rete nse, mis representatio n or fa ls e pro mi se. Noti fy a n y oth er p erson by a n y means, as pa ti of an ad vert is ing schem e o r p la n, that the o th er p erson h as won a p ri ze, received an award or has been selected or is e li g ibl e to receive a nything of valu e if the o the r p e rson is required to purc hase goods o r s ervices, pay a ny mo ney to p atii c ip a tc in or submit to a pro m o tio n effoti. Fail to provide compl ete and timely payme nt of the proceed s from a soli ci tat ion campa ig n to a chari tabl e o rgan ization o r s po nsor orga ni zat io n . Fail to apply contributi o ns in a man ner subst antia ll y consis ten t w ith th e s olic itat io n. ( 15) F a il to id entify hi s professio na l r el a ti on ship to the person fo r whom th e s olicitation is b eing m ade. Sec. 18-6.-Inspection of books and records. U po n requ est of th e-city manager or d esignee ~&Fii, th e ho lder of a p ennit s hall make availa ble for ins pe ctio n, b y a ny agent o f th e city, all books, records a nd p apers perta in ing to th e regi stered soli c ita ti o n at a ny reaso nabl e time while the p ermit is in effect o r after it has ex p i re d . Sec. 18-7.-Rev ocation. T he city manager or desi!:mee etty elerk or his or her designateei ageAt sh a ll revoke any p ennit issued under this article i f he o r s he fi nds that the p ermittee has g iven fa lse i n forma t ion or has kn owing l y w it hhe ld info nnatio n in o bta ining same o r upon vio la t io n of any po rti on of t h is c hapter . Sec. 18-8 . -Exceptions. (l ) (2) (3) Th e pro vi si o ns of s ub secti o ns I ~-2 (4 ), (5), a nd (6), and sect ion I '-3 shall not apply to : Any p e rson w ho vis its a n y residence o r apartm e nt a t th e re quest o r inv itatio n of th e owner o r occup a nt t he reo f ; Unpa id members of a ny c iv ic o r ch aritabl e o rganiz a ti o n who are regist ered as suc h w ith the city manager or designee ~eFk-and th e n a m es of th e so lic ito rs h ave been li s ted as s uc h membe rs and th e o rga ni zati o n h as p rovided each person li s ted w ith a n ap p roved means of id entificati o n with th e o rgani zati on represented ; (4) (5) (6) A ENDA ITEM I# 78 MAV 9, 2016 Newsboys so li c iting s ubscriptio ns to an y n ewspaper fo r home deli very w ithin t he c it y; Route dcliverymen w h o make d eliveries to regu l a r customers and w h ose soli citation is onl y incid ental to their regular deliveries; Solicitors o r agents of life o r o ther insurance companies w h o h old a license issued by U1 e ins ura n ce commission e r of the state; and Any ch aritab le, reli gious, fraternal, youth, civ ic, service or o th er organizati o n w h e n the organization m akes occasional sales or engages in fundraisi ng projects w h e n the projects are perfonned exclus i vely by the m embers thereof and when t h e proceeds derived from th e acti vi ties a re used exclusively in the ch ari table, religiou s, fraternal, you th, civic and service activities ofthc o rgani zation. SECTION 2 Code Amended. T hat Sectio n 20 of th e Code of O rdinances, relating to the Business Tax Receipts of th e C ity of Atlantic Beach, F lorida, is h ereby amended as follows: Sec. 20-53 . -Half-year receipts. No receipt s ha ll be issued for more than o ne year. For each receipt obtai n ed from October I through March 3 1, th e full tax for o ne yea r sh a ll be paid ; fo r each receipt o btained from April 1 tlu·o ugh September 30, one-h a lf of the fu ll t ax sh a ll be paid . Sec. 20-54. -Due dates and delinquencies; penalties . (a) All receipts sh a ll be so ld by th e c ity manager o r designee city cleric beginning September fi rs t of each year and s h a ll be due a nd payable o n o r before October fi rst of each year and sh a ll expire on September thirtieth of the s u cceed i ng year. l f October first fa ll s on a weekend o r h o liday, the tax s h all be due and payable o n or b efo re the firs t working day following October first. Those r eceipts not renewed when due and payable s h a ll be consid ered delinquent and s ubject to a delinquency penalty often {l 0) p e rcent for the month of October , p lu s an additiona l five (5) p ercent penalty for each month of delinquency thereafter until paid. H owever, the total delinque ncy penalty s hall not exceed twent y-five (25) percent of the local business tax fee for the delinquent establish ment. I f reeoipt is not paid by January thirty first, the city clerk shatl have eity wa tOf serviee dt5eeflfleoted until business ta* tee plu s Ele liRquent charges are paid in fulh (b) Any person e n gaging in or m a n agi n g any business, occupation or profession w it hout firs t obtaining a local business tax rece ipt, if required in this article, s hall b e subject to a p e nalty of twenty-five (25) percent of the b usiness tax fee determined to be due, in addition to the penalty provided by F.S. Ch . 162; any s uc h business may be closed by the c ity manager or his designee until the business tax requirements h ave been met. Sec. 20-56. -Compliance by receipt holders. Issuance of a l ocal business tax rece ip t by the city m anager or d esignee eity elerk s h a ll in no way relieve the h o lder th ereofofrcspo n s ibility for compliance with all provisions ofthis Code o r AGENDA ITEM# 78 MAY 9,2016 other city ordinances or parts thereof heretofore passed or which may hereafter be passed by the city commission regulating the conduct of the bus iness. SECTION 3. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provi sions of thi s ordinance shall govern. SECTION 4. Severability. lf any section, sentence, clause or phrase of this ordinance is he ld to be invalid or unconstitutiona l by any coUJ1 of competent jurisdiction, then said ho lding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. Effective Da te and Recording. This Ordinance shall take effect July 1st immeEiiately HpoR its fiHal passage an d adoption and shall be recorded in a book kep t and maintained by the C lerk of the City of Atlantic Beach, Duva l County, Florida. PASSED by the City Com mi ss ion on fir st reading this 91h day of May 20 16. PASSED by the City Comm ission on second and final reading this 23 rd day of Ma y 2016, ATTEST: DONNA L. BARTLE Ci ty Clerk Approved as to form and con·ectness: BRENNA M. DURDEN City Attomey MITCHELL E. REEVES Mayor!Presid ing Officer 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 MAY9,2016 Yvonne Calverley, Executive Assistant to the City ManagerJC--- April 20, 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: " Appeal Hearing is scheduled for Thursday, May 12th beginning at 1 0 am at the Community Presbyterian Church . .. The next quarterly Town Hall Meeting is tentatively scheduled for Saturday, July 16th at 10 am in the Commission Chamber. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for May through July 2016 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (May through July 2016) CITY MANAGER: _,~~?/f.'---._t0._tkA.:__:v--r'----'----,;..;:;«=A-""Ct=-'/Lf!~: _______ _ MAYOR AND COMMISSION May 2016 ~L':\D .\ Y W):\D.\Y Tl.'E~D .\ Y \\'l ·:n:-.: E~D .\ y Till 'R:-;n .\ Y I ;RID.\ \' ~.\TI_'RD .\ \' 1 2 3 4 5 6 7 Due Date for Town Hall Mtg 5/23 I 0 am -Chamber Agenda Items Wild Wo ndl!rs II am Dunon Island 8 9 N ew sle tter Due 10 11 12 13 14 (HardinQ:) A ppeal Hearing Commi ssion Mtg 10 am 6:30pm (Comm unity (Invo c-Harding) Pre sbyterian Church) 15 16 17 18 19 20 21 Wild Wonders l l am Songwriters' Concert Dunon Island 6-8 pm Adele Grage Dancin in the Streets ll am -9 :30 pm 22 23 24 25 26 27 28 Commission Mtg Due Date for 6:30pm 6/13 (Invoc-Wate rs ) Ag end a Items V ideotaped 29 30 31 Memorial Day Acoustic Nights 6-8 pm City Offices Bull Park Closed MAYOR AND COMMISSION June 2016 :-:l ''\D.\ Y .\IU:\D \ Y Tl 'E~D \\" \\'ED'\ 1 :~n \\ 'llll 'RSD .\ Y I· RID.\ Y :-;.\TL'RD.\ \' 1 2 3 4 Wild Wonde rs II am Dutton Island 5 6 7 8 9 10 11 News letter Due D ue Date for Songwrite rs' Concert (V an L iere) 6/2 7 6-8 pm A genda Ite ms Adele Grage 12 13 14 15 16 17 18 Co mmi ss ion Mtg 6:30pm (In voc-Reeves) Wild Wonders V ideotaped II am Dutton Island 19 20 21 22 23 24 25 Due Date for 7/1 1 Agend a Ite ms 26 27 28 29 30 Commi ssion Mtg Acoustic Nigh ts 6:3 0pm 6-8 pm (Invoc-S tin so n) Bull Park V ideota ped MAYOR AND COMMISSION July 2016 ~l"'\;D\Y \10'\;D \Y "ILT.~D \'I \\"1-:D'\; I:~D \ y "llll"R:'D.\Y I ·RID \Y ~ \Tl"RD.\Y 1 2 .3 4 5 6 7 8 Newsletter Due 9 Songwriters' Concert 4th of July (Mayor) 6-8 pm City Offices Due Date for Adele Grage 7/25 Closed Agenda Items 10 1 I 12 13 14 15 16 Commission Mtg Town Hall Meeting 6:30pm 10 am {lnvoc-Hill) Chamber Videotaped (Tentative) l"' 18 19 20 21 22 23 Due Date for 8/8 Agenda Items 2~ 25 26 27 28 29 30 Acoustic Nights Commission Mtg 6-8 prn 6:30pm Bull Park (lnvoc-Harding) Videotaped 31