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6-27-16 Agenda Packet 1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING June 27, 2016 - 6:30 PM AGENDA Invocation and pledge to the flag Call to order 1. A. Approve the minutes of the Commission Meeting of June 13, 2016. 2. Courtesy of Floor to Visitors A. 2015 Audit Report - Ron Whitesides with Purvis, Gray & Company 3. Unfinished Business from Previous Meetings A. Public Hearing - Waiver Request #16-SAFW-97 (535 Atlantic Boulevard) B. Purchase of 54 East Coast Drive C. Automation of Gates at Dutton Island and Tideview Parks 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 Monthly Finance Report for May 2016. B. Approve the Interlocal Agreement for Use of Property Tax Collections to Fund Exemption Audit Services among the Duval County Property Appraiser, Duval County Tax Collector, and the City of Atlantic Beach and authorize the Mayor, City Manager and City Clerk to sign the agreement. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-16-138, 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, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Safe Routes to Schools Route Selection B. Review of Land Development Regulations (Commissioner Stinson) 9. City Manager A. 90-Day Calendar (July 2016 through September 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, June 24, 2016. 2 IN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING June 13, 2016 CITY HALL, 800 SEMINOLE ROAD AGENDA ITEM lA JUNE 27, 2016 Mayor Mitchell E. Reeves Commissioner Jimmy Hill Commissioner M. Blythe Waters City Attorney Brenna Durden City Manager Nelson VanLiere City Clerk Donna L. Bartle ABSENT: Commissioner John Stinson (excused) Commissioner Harding (excused) Invocation and pledge to the flag Mayor Reeves paused for a moment of silence for the victims and families of the incident that occmTed in Orlando over the weekend, and led the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:32 p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. He explained Commissioners Harding and Stinson have excused absences by the Chair. Mayor Reeves reported that he would be moving Item 8A up to have a presentation from Jerry Holland before the Courtesy of Floor and at the request of Commissioner Stinson through the City Clerk, Item SC will be postponed until our next meeting on June 27, 2016. 1. A. Approve the minutes of the Commission Meeting of May 23, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. 8. Miscellaneous Business (Discussion only) A. Interlocal Agreement for Use of Property Tax Collections to Fund Exemption Audit Services among the Duval County Property Appraiser, Duval County Tax Collector, and the City of Atlantic Beach. Jerry Holland, Duval County Property Appraiser, explained his request for the agreement with the various taxing authorities, the process for investigating homestead exemption fraud, the importance of identifying it, the impact it has on the taxing authorities and the penalties involved. He distributed two handouts and reported comparisons from the last 11 months to the prior 11 months. He answered questions from the Commission. June 13, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA JUNE 27, 2016 Page2 City Attomey Brenna Durden explained there are slight revisions needed in paragraph 4. Mr. Holland explained the latest agreement had the school district's fiscal year of July 1, but since the City of Atlantic Beach's fiscal year is October 1, the agreement would need revisions. Ms. Durden reported the two areas in paragraph 4 that have the incorrect date of July 1 should be revised to October 1. Motion: To move forward with the agreement with the changes that the City Attorney referenced. Moved by Hill, Seconded by Waters Commissioner Hill expressed concerns about liening citizens and asked for some explanation of protections built in, how it is mitigated and what efforts are made before putting a lien on the property. Jerry Holland emphasized that no one who has the right for a homestead will be liened because these properties are someone's second, third or fourth home. He explained how the Tax Collector works with homeowners on payment plans if needed and reported that of the 524 liens this year, none have been contested. He stated no one will be evicted from their homes; the liens are placed because state law says that if the person is not entitled to it, he must lien them, lien them for the back taxes and lien them for the penalty and interest. He fmiher stated the law does not give him the right to waive it; once he has identified it by state law, he must place the lien on there. He reiterated that the Tax Collector will work with the property owner. Mayor Reeves asked what would happen if Atlantic Beach voted it down. Jerry Holland stated they would not give (the third patiy vendor) any homesteads in Atlantic Beach and Atlantic Beach would not get the benefit of it since they m·e not paying for it. He added, the school district and anyone else would not get the benefit of those homesteads and believes it would send a message that Atlantic Beach is not concemed if someone cheats on the exemption. Mayor Reeves clarified that it has nothing to do with Atlantic Beach residents filing their homestead exemptions; it just has to do with Atlantic Beach not getting turned over to the third party for research. Mr. Holland stated his staff will continue doing what they do by using the current process, but, the key is, they (the third party vendor) have the extra data base they can look through which is beneficial. Mr. Reeves questioned the lien process. Mr. Holland explained they do not place a lien without the homeowner knowing it and they communicate constantly to make sure their evidence is correct and the taxpayer agrees with it. Commissioner Hill asked questions regarding the restrictions and controls they will have over the company providing the service to ensure they use proper customer service. Mr. Holland answered they will not be a collection agency; they will be a research firm that will find data and bring it to his office so that his office can contact the taxpayer. He stated the vendor will not have anything to do with the collection, filing the lien or contacting the taxpayer. Mayor Reeves asked for consensus rather than a motion to move the item forward. There was consensus to move the item forward to the meeting on June 27,2016. 1. B. Approve the minutes of the Gate Petroleum Appeal Hearing of May 12, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. June 13, 2016 REGULAR COMMISSION MEETING 2. Courtesy of the Floor to Visitors AGENDA ITEM lA JUNE 27, 2016 A. Presentation of check to Beaches Resource Center Foundation. Page3 Mayor Reeves explained how the City helps various organizations and the Commission wanting to recognize them by presenting the checks at meetings. Timmy Johnson, on behalf of the City of Atlantic Beach and the Cultural Arts and Recreation Advisory Committee, presented a check to Board President, Samantha De Carlo in the amount of $2,000 for the Beaches Resource Center Foundation for their services to the kids in the beaches area. Samantha De Carlo, 2790 Chesterbrook Ct., Board President of the Beaches Resource Center. Foundation, explained the programs they offer to youths from Atlantic Beach, Neptune Beach and Jacksonville Beach including counseling services, intervention programs, and group counseling. She reported that with the $2,000 check, they will be able to serve an additional 30 to 40 students a year which is 30 to 40 students more than any of the other full service sites and will be able to offer anywhere fi·om 5 to 10 additional counseling groups. She expressed her appreciation for the contribution stating the funds will be well spent on the children of Atlantic Beach. Commissioner Hill explained there is a Board (Committee) that takes requests and recommends which organizations and programs the City should help fund. Mayor Reeves reminded everyone that the 2016- 2017 budget is coming up and to contact Timmy Johnson as soon as possible with any request for funding programs. Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Stephen Fouraker, 387 6th Street, expressed his disappointment with the Commission regarding their decision on the Gate station and explained the efforts to overturn that decision will be continued in the legal realm. He refened to Maria Mark's remarks on Governor Peterson pushing through a bill in Delaware legislature which was trying to stop the intense industrial development of the Delaware Coastline, speaking to his courage, and he wish he would have seen some of this courage from our Commissioners. He believed each of the Commissioners had an opportunity to stand up for the citizens and asked who will have the courage to introduce an ordinance banning future gas stations in Atlantic Beach. Maria Mark, 1148 Linkside Drive, spoke in opposition to the City Manager's proposal to buy property across from Al's Pizza to use for parking at a cost of $1.2 million dollars. She expressed her concerns that this is not being fiscally responsible. She agreed that parking is a major issue, but does not believe it should be solved by one entity. She offered suggestions on other ways to help with parking that would better serve Atlantic Beach and the beaches commu:q.ity. She refened to the minutes of the Gate Appeal hearing and explained she did not come out in support of the Gate development, but rather she was trying to propose a compromise in the hearing. She congratulated Mr. Van Liere for his daughter, Danielle, for finishing first in her class. Chris Jorgensen, 92 W. 3rd St., explained that events such as the Boston Marathon bombing and Orlando (shootings) make people believe conspiracy theories are credible. He thanked the Commission for the Gate Hearing and the Commission and the Board for the Cloister Hearing for allowing the June 13, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA JUNE 27, 2016 Page4 opportunity for every individual to have their voices be heard. He stated he believes the CRA is not necessary for the City. He spoke about the Memorial Day ceremonies in Atlantic Beach. He expressed environmental concerns affected by weakening magnetic poles. Susanne Barker, 1938 Beachside Ct., spoke about the Gate meeting. She referred to and responded to the comments made at the last meeting by Mayor Reeves regarding there being no evidence presented from the citizens/appellants. She explained the hearing was their evidence when their attorney presented the facts about the Codes and about how you must first think about neighborhoods before permitting anything. She spoke in opposition of the waivers and urged the Commission to listen to the citizens before they vote. She also spoke in opposition to the proposal to purchase property to build a parking lot to alleviate parking at the Town Center with the citizens of Atlantic Beach getting stuck with the bill. Steve Piscitelli, 374 Magnolia St., spoke about his past service on the Cultural Arts and Recreation Advisory Committee and explained the history of Acoustic Night and Songwriters' Concert and their popularity. He presented a photograph taken on the first night of the Acoustic Night event in June of 2003 and thanked current and past Commissions for continuing to support these events. Mike Whalen, 1420 Mayport Rd., stated he is a small business man and believes in government for the people and by the people. He gave examples of recent projects as he expressed his concerns about City government being intimidated by threats of a lawsuit and rolling over every time there is a major project for big developers with no small businesses intended. Joan McLoud, 176 Magnolia St., spoke on the Saltair subdivision drainage project and how there are now safety concerns with standing water and the risk of children falling into or down the ditches. She believes it was a mistake and the project was cut short. She urged the Commission to visit the neighborhood to get a better understanding of the problems and have the problems addressed. She ·presented pictures to show what has been going on there. Barry Adeeb, 501 Atlantic Blvd., spoke about Gate Petroleum and responded to a statement Mayor Reeves made at the last meeting regarding the evidence submitted for the hearing. He explained and identified 4 documents from the binder that he believes are the only documents that were ever needed. He stated the Beach Diner is going to stand with the citizens of this community and reported they will file an appeal and a separate lawsuit, which he has never done in his life. City Clerk Bartle read the names and comments from the citizens who did not want to speak, as follows: Jess and Mary Edgar, 76 East Coast Dr., did not speak, but were in support of Item 8B on the Agenda. No one else from the audience spoke so the Mayor closed the Comiesy of the Floor to visitors. 3. Unfinished Business from Previous Meetings A. Waiver Request #16-SAFW-97 (535 Atlantic Boulevard) Mayor Reeves explained the waiver was a result of the Gate Appeal hearing and reminded everyone that nine of the ten modifications addressed changes the residents asked for. June 13, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA JUNE 27,2016 Page 5 Ms. Durden explained the process for addressing waiver requests and stated this item is on the agenda tonight for discussion purposes only. She explained these 2 waiver requests did come out of the Gate Appeal Hearing and they were initiated due to the desire of the Commission to allow for 30 parking spaces for the Beach Diner. She frniher explained Gate Petroleum stated they would be willing to provide the 30 spaces but they would need to request two waivers; one for the amount of impervious smface and one for landscaping. She explained that the impervious surface for Commercial Districts is limited to 70%; at the hearing they said they would like for the Order of the the Commission to allow for up to 78%; they have had the opportunity to review their plans and they have determined that they are confident that they will be able to provide the 30 parking spaces and allow up to 75% as opposed to 78%. She stated the second waiver is for landscaping and the request was to delete the terminal tree islands that are required by the parking code for parking lots from four ( 4) locations on the site. She stated the Code provides that the City Commission does have the authority to provide waivers for any provision in the Code and believes that this is what is before you tonight for discussion purposes only. Motion: Hold a public hearing on June 27, 2016 at 6:30 p.m. to approve the waivers. Moved by Hill, Seconded by Waters Commissioner Hill stated he looks forward to the discussion at the next meeting. Mayor Reeves stated on May 12th we as a Commission made a commitment and we are going to stick with our commitment and move forward. Roll Call Votes: Aye: 3-Hill, Waters, Reeves Nay: 0 MOTION CARRIED Mayor Reeves explained the public hearing will be held on June 27, 2016 and invited everyone to come back on that date with any open comments about this waiver. 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 Monthly Financial Report for April 2016 and Public Worl{S Status Report for June 2016. B. Designate Mayor Mitchell E. Reeves as the Voting Deleg~te for the 90th Annual FLC Conference in Hollywood, Florida on August 18-20, 2016. Mayor Reeves explained the Consent Agenda and asked if any Commissioner wanted to pull an item to discuss. No items were pulled fi·om the Consent Agenda for discussion. Motion: Approve Consent Agenda as stated. Moved by Reeves (No second was requested.) June 13, 2016 Votes: Aye: 3-Waters, Hill, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports REGULAR COMMISSION MEETING AGENDA ITEM lA JUNE 27,2016 A. Appointments to the Cultural Arts and Recreation Advisory Committee. Page6 Mayor Reeves explained that Commissioner Stinson made contact with the City Clerk and the City Clerk will share his thoughts. City Clerk Bartle reported that the Board Member Review Committee met on April28, 2016 to address membership on the Cultural Arts and Recreation Advisory Committee and made recommendations for six upcoming vacancies. She stated Commissioner Stinson is requesting that the Commission take action on five of those six vacancies tonight as follows: Reappoint Grant Healy, Pamela White and Jay Wilson to the Cultural Arts and Recreation Advisory Committee for an additional term beginning July 9, 2016 and ending July 8, 2018 and appoint Beverly Norman and Dawn Pope to the Cultural Arts and Recreation Advisory Committee for the terms beginning July 9, 2016 and ending July 8, 2018. Mayor Reeves recognized Dawn Pope in the audience. Motion: Reappoint Grant Healy, Pamela White and Jay Wilson to the Cultural Arts and Recreation Advisory Committee for an additional term beginning July 9, 2016 and ending July 8, 2018 and appoint Beverly Norman and Dawn Pope to the Cultural Arts and Recreation Advisory Committee for the terms beginning July 9, 2016 and ending July 8, 2018. Moved by Hill, Seconded by Waters There being no discussion, Mayor Reeves called for a vote. Votes: Aye: 3-Hill, Waters, Reeves Nay: 0 MOTION CARRIED B. Actuarial Valuation Report for General Employees' Retirement System. Finance Director Russell Caffey summarized the General Employees' report on behalf of the Pension Board, highlighting the plans membership, actuarial accrued liability, value of the plans assets, funded ratio, unfunded liability balance, next yeax' s contribution, and the estimated rate of return. Mr. Van Liere explained that every year the Pension Boards hire an Actuary to do a valuation and the purpose is to tell the City what their commitment is to fund our pension plans. He explained how the assumption rates affect the data and are chosen by the Pension Boards. He further explained the Pension Boards determine the interest rates, but the Actuary has input on mortality rates, turnover rates, and raises in salaries and they prepare information as a result of this activity to give to our auditors to include in the Financial Statements. Mr. Caffey reported that the funded ratio for this plan is 76% which was consistent with last year; the City's Contribution to the plan increased $63,000 over last year; and for June 13, 2016 REGULAR COMMISSION MEETING AGENDA ITEM lA JUNE 27, 2016 Page7 every employee, the normal cost is 12.5% of their salary which goes into the Pension Plan. He added, this plan is closed and in ten years it will be fully funded, every year moving forward the unfunded liability will drop around $500,000 assuming there are no other changes and assuming we make the 7% which is the plans assumed rate of retum. Commissioner Waters expressed concems about the risks involved in having a relatively small plan and expressed interest in looking at ways to decrease the risk to the City. Discussion ensued and Mr. Caffey and Mr. Van Liere answered questions from the Commission. Commissioner Waters reiterated her interest in looking at ways to decrease the risk to the City and ensuring the employees' pension. Mayor Reeves agreed we need to look into other options including the State Retirement. Mr. Caffey stated we can look into all options and provide a cost benefit analysis. C. Actuarial Valuation Report for Police Officers' Retirement System. Finance Director Russell Caffey summarized the Police Officers' report on behalf of the Pension Board, highlighting the plans membership, actuarial accrued liability, actuarial value, funded ratio, unfunded liability balance, next year's contribution, and the estimated rate of return. Mr. Caffey reported that the funded ratio for this plan is 67% with an unfunded liability of $4.3 million dollars and the City's Contribution to the plan increased $23,000 over last year. Mayor Reeves called for a break at 8:02p.m. and reconvened at 8:08p.m. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-16-138, 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, AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. City Manager Van Liere explained the Ordinance. Motion: Approve Ordinance No. 20-16-138 as read. Moved by Waters, Seconded by Hill Discussion ensued. Mr. Van Liere and Ms. Durden answered questions from the Commission. There was a consensus to direct the City Attorney and City Manager to provide the Commission with an answer to whether or not the insurance would .cover the legal costs if there is an appeal filed against the decision on Gate. Mayor Reeves reported that the public hearing will be held on June 27, 2016. June 13, 2016 Votes: Aye: 3-Hill, Waters, Reeves Nay: 0 MOTION CARRIED REGULAR COMMISSION MEETING 8. Miscellaneous Business (Discussion only) AGENDA ITEM lA JUNE 27, 2016 Page 8 A. Interlocal Agreement for Use of Property Tax Collections to Fund Exemption Audit Services among the Duval County Property Appraiser, Duval County Tax Collector, and the City of Atlantic Beach. This item was taken out of order and acted on earlier in the meeting. B. Purchase of 54 East Coast Drive. City Manager Van Liere explained he put this on the agenda in order to get feedback fi:om the Commission and the public. He explained the details in his staff report and asked for guidance on whether to proceed. Mayor Reeves explained the background on this item and asked for comments fi:om the Commission. Commissioner Hill expressed his concems about the issue stating he does not believe it is the City's role to solve businesses' parking issues by itself, but may be interested in a partnership as long as it pays for itself and benefits the citizens. Commissioner Waters stated the biggest concem the citizens have is the cost and a push to look for a public-private partnership. She urged citizens to voice their concems or support at the next Commission meeting. Mayor Reeves explained his big concem is the cost being $1.2 million. Discussion ensued. It was the consensus of the Commission to move this forward to the next agenda, but stressed it is not an endorsement. Further discussion ensued. Mayor Reeves requested that the City Manager provide the Commission with a long-term plan about the $1.2 million along with facts regarding the parking lot, parking machines, the amount of trees to be saved, and the fencing. Commissioner Hill agreed that the information will be key at the next meeting. Mayor Reeves reiterated that moving this item forward is not to be taken as an endorsement and he asked for consensus again. It was the consensus of the Commission to move this item forward to the next meeting. C. Review of Land Development Regulations. This item was postponed to the next meeting on June 27, 2016. 9. City Manager A. City Manager's Report. • 90-Day Calendar (June 2016 through August 2016). June 13,2016 REGULAR COMMISSION MEETING AGENDA ITEM 1A JUNE 27, 2016 Page9 Mr. Van Liere reported on upcoming items on the calendar: Groundbreaking Ceremony for the Public Safety Building on Friday, June 17, 2016; Commission Workshop on June 27, 2016 at 5 p.m. on the Safe Routes to School project; and Town Hall meeting on July 16, 2016. He repmied on receiving the value of our City from the property tax appraiser, stating this is the first chance we get to look at how the values of the City are changing for setting our millage rate; and the overall taxable value went up 9 112 %. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Hill • Commented on misinformation that continues to come up from citizens regarding the Gate station. He shared his frustrations, stating that he is tired of being dragged in the middle of a dispute between a tenant and a landlord; the City Commission had no intent but to stay inside the law and to do what the law allowed for all pmiies. • Addressed the Saltair project, stating it is a safety hazard and needs to be fixed immediately. He asked that it either be an agenda item or have a report from the City Manager at the next meeting explaining how we are addressing the changes that we made. He stated we did not create swales; we created dirt bottom ditches which are not acceptable for that neighborhood. • Stated he would like the City Manager to trim staff in the areas where we have duplication of staff, explaining that he knows there are people that are project-based that m·e assigned to projects and his concern is where staff is retired and comes back to help us with long-term projects and he does not want them to be tagged to the project; once we replace them with staff, he wants those positions trimmed out; that is where we can get some of our savings back; and we cannot tie our temporary help to capital improvement projects. He asked for those adjustments to be made as soon as possible. • Asked that the footprint for the Public Safety building construction area be scaled back, stating he is mostly concerned about the area near the park. Mr. VanLiere and Chief Deal responded and agreed to look into it further. Discussion ensued about safety and parking. Mr. Van Liere asked about temporarily allowing baseball people to park along Plaza under the trees. The Commission decided to leave it up to the Police Chief to make that decision. Mayor Reeves asked that Commissioners get with the Police Chief with their concerns about this topic. • Spoke about the Gate situation and how it is disturbing that a prior Commissioner speaking out about it had multiple opportunities to make changes to the Code, but did not, which is part of the problem. Commissioner Waters • Congratulated Acoustic Night on their 13 years and thanked Timmy Johnson, his staff, and the Community members for the hard work they put in to make programs great for our citizens. • Appreciated the moment of silence given for the Orlando victims and explained the importance of being kind when communicating with fellow citizens. She stated that instead of threatening retribution, it would be helpful if citizens worked with Commissioners to affect change that they want to see happen in the ways that we can. She explained that when she met with groups, she offered to work with them to do what we could do legally and has yet to have anyone take her up on that offer, but will ask them again when it comes time to rewrite Code. She urged citizens to fmd a way to work with the Commission on changes they would like to see happen. City Attorney Durden • Repmied an update on the accident on the beach involving the two ladies, stating AGENDA ITEM lA JUNE 27, 2016 June 13,2016 REGULAR COMMISSION MEETING Page 10 the City has received notices pursuant to F.S. 768.28; they have been forwarded to the insurance canier and the insurance company has accepted obligation to defend those likely lawsuits. • Confirmed that on Gate, the 30-day appeal period does end on Friday, June 17, 2016. • Confi1med that on the Cloister, the Code Enforcement made their decision and a Final Order was executed on June 6, 2016 by the Chairman; that is a 30-day appeal period also, so if there is any challenge to that, it would be by July 6, 2016. She explained that our Code does allow for a Rehearing, but changed circumstances would have to exist. She reported that Mr. Eakin inquired about the process that would be required to allow for the gate to be utilized for any non- emergency services and Jeremy Hubsch provide the information to Mr. Eakin. • Reported the Fleet Landing closing has been extended, potentially until the middle of July. • Reminded the Commission of the July 1 reporting deadline for the Financial Disclosures (Form 1) and also about the annual training and offered to help with getting them information if needed. Mayor Reeves asked Ms. Durden to confirm the date the Cloister has before fines start. Ms. Durden explained they have 10 days from June 6, 2016. Ms. Durden explained the information they provided to Mr. Eakin was in regards to the modification to the PUD, stating initially it is a two public hearing process; the first public hearing would be at the Community Development Board, but ultimately it is a decision by the City Commission. Mayor Reeves • Followed up on Commissioners Hill and Waters comments, explaining he understands everyone's frustrations, but wants them to understand the Commission's. He explained that this Commission is willing to move forward and do what other Commissions before did not do which is reevaluate zoning. He explained that appealing to the Circuit Court is not a threat; it is part of our system and they have every right to do that. He believes that this Commission is not getting any credit for what they did for the fourteen hours, but they committed to do things and are following through. He clarified what point he was trying to make at the last meeting when he showed the stack of information provided to him by City staff and the City Attorney to study before the hearing, but nothing was given from the other side prior to the hearing. He explained he would have preferred to have something to study, so that they were not just listening to facts, but have a chance to research them and look them up. • Spoke about his and Mr. Jacobovitz's visit to Saltair, noting that Mr. Jacobovitz agreed to meet with citizens one-on-one. Mayor Reeves stated we have a Public Works Director that is willing to do something about it and thanked him. • Announced that the Florida League of Cities meeting is in Orange Park this week. • Thanked ChiefDeal, his department and Public Works staff for the great job they did last week in moving the department. Commissioner Hill reiterated points made earlier about the Gate station and stated no one needs to be personal about it because nothing we have done is personal and to make it personal is unnecessary; we did what we were in position to do by law. • Mayor Reeves announced he attended Fletcher High School's graduation ceremony and congratulated the City Manager on his daughter. • Reported the story behind Walmart not moving to Neptune Beach, explaining that Neptune Beach did not win and it cost them $95,000 to lose; they were just fortunate that the economy bottomed out and they did not come. June 13, 2016 REGULAR COMMISSION MEETING Adjournment AGENDA ITEM lA JUNE 27, 2016 Page 11 There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:19p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves · Mayor/Presiding Officer AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 3A JUNE 27, 2016 Waiver #16-SAFW-97 Jeremy Hubsch, Building and Zoning Director fjJI June 2, 2016 STRATEGIC PLAN LINK: None BACKGROUND: The City of Atlantic Beach is initiating a waiver request at 535 Atlantic Boulevard as the result of conditions agreed upon by the applicant (Gate Petroleum) of Preliminary Site Development Plan, 15-CVPR-2411 during an appeal on May 12, 2016. During the appeal process, an appellant (Beach Diner) alleged that the applicant was not providing sufficient parking. Gate agreed to provide 30 spaces for the restaurant, which is more than required by City Code. However, in order to provide the additional parking, Gate needs relief from other code standards. At the appeal hearing, the City Commission approved a fmal order requiring that the City initiate waiver applications to allow an increase in impervious surface from 70% up to a maximum of 78% and to eliminate terminal tree islands from four locations on site. The specific code provisions that require waivers are Sections 24-111 (g) (1) and 24-177 (c) (4). Section 24-111 (g) (1) has a maximum allowance of 70% impervious surface coverage. The applicants need additional impervious surface coverage in order to provide additional parking for Beach Diner. They are seeking a maximum of up to 75% impervious surface coverage on site, which is 3% less than allowed by the order. The other provision needing a waiver is Section 24-177 (c) (4) of the landscape code. This code provision requires a landscape island at the end of parking rows. In order to provide more parking for the Beach Diner, the applicant is seeking a reduction from this standard. It is worth noting that Section 24- 177 (c) (5) states, "If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area near the perimeter of the VUA or adjacent to the building on the propetiy, so long as the landscape area is within twenty (20) feet of the perimeter of the VUA." The applicants are providing substantially more landscaping throughout the site, particularly around the perimeter of the site. Based on this, it is quite possible that a waiver may not even be needed for the landscape islands. However, in an abundance of caution, the City is still initiating the waiver based on the fmal order of the May 12111 appeal. BUDGET: RECOMMENDATION: None. To hold a Public Hearing on June 27, 2016 to Approve Waiver #16-SAFW-97 ATTACHMENTS: Waiver Application, 15-CVPR-2411 Appeal Order; Beaches Leader notice; mailers to adjacent property owners; pictures of signs REVIEWED BY CITY MANAGER: ~-v~:zvu AGENDA ITEM 3A JUNE 27,2016 B. That no error was made by the Community Development Director in the approval of Site Development Plan, 15CVPR-2411. NOW, THEREFORE, it is ORDERED by the City Commission: I. The approval of the Site Development Plan, 15CVPR-2411 IS hereby CONFIRMED, as described in the City's approval dated February 9, 2016; and 2. The following modifications to the Site Plan as proposed by Gate Petroleum, Inc. shall be incorporated into and made a part of the approval of Site Development Plan, 15CVPR- 2411: a. Thirty (30) parking spaces shall be dedicated for use by the tenant for the operation of a restaurant located at 501 Atlantic Boulevard; b. The two access points to Sturdivant Avenue shall be limited to "ingress/ entrance" only with signage to prohibit any egress; c. Except as provided in Section 2(i) below, plans to be submitted shall be consistent with the Enhanced Landscaping Plan, dated February 22, 20 16 (attached hereto as Exhibit A), with due consideration for any "line of sight" issues; d. Except as provided in Section 2(i) below, plans to be submitted shall be consistent with the Architectural Renderings, dated February 17, 2016 (attached hereto as Exhibit B); e. The vacuum equipment shall be relocated to the Atlantic Boulevard side of the main structure; f. Dumpster service shall occur between 7:00a.m. and 9:00p.m. only; g. No outdoor speakers shall be permitted, except as required by law; 2 Copies furnished to: T.R. Hainline, Esq. Emily G. Pierce, Esq. Rogers Towers, P.A. 1301 Riverplace Blvd., Suite 1500 Jacksonville, FL 32207 Jane West, Esq. 6277 AlAS., Suite 101 St. Augustine, FL 32080 Jeff Sneed, Esq. 599 Atlantic Blvd., Suite 6 Atlantic Beach, FL 32233 Paul Eakin, Esq. 599 Atlantic Blvd., Suite 6 Atlantic Beach, FL 32233 4 AGENDA ITEM 3A JUNE 27, 2016 l> '-G'l Cm 22 me Nl> "-~ ....j Nm ss: a.w l> AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Purchase of 54 East Coast Drive Nelson VanLiere, City Manager @ _ June 16, 2016 AGENDA ITEM 38 JUNE 27, 2016 This Agenda item will be amended the middle of next week with additional information including a sample parking layout and some cost projections as well as information on how this can be accomplished. This additional information will be included in an amended agenda packet by Wednesday afternoon. Attached is the previous staff report for informational purposes. AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Purchase of 54 East Coast Drive Nelson VanLiere, City Manager c;PV June 1, 2016 AGENDA ITEM 38 JUNE 27, 2016 BACKGROUND: Recently, it was brought to the City's attention that the property located at 54 East Coast Drive is for sale. Being that this property is strategically located just a short walking distance from our Town Center Business District, I wanted to put forth the topic of the purchase of this property for discussion. The public purpose for the acquisition would be to provide much needed parking to the business district. Discussion points would include the following information: • The need for public parking in the area. • The acquisition price is $1,200,000. These funds are available in the General Fund unrestricted fund balance. A budget ordinance would have to be passed to fund the purchase. • The lot is 130ft by 150ft or 19,500 sq feet. • Changing the current zoning from RG-M to something that a commercial parking lot would be allowed. • Current taxes are approximately $6,000/year, but would increase due to sale of the property. If the City acquires the property, there will be no taxes received. • To develop the site as a parking lot could cost $100,000 to $150,000 depending on how it is constructed. • The number of spaces created would depend on stormwater drainage requirements; a desire to keep some of the trees and the organization of the spaces chosen. Approximately 50 spaces may be configured. • The possibility of making it a paid parking lot to recover the costs over time. BUDGET: The immediate budget impact would be to increase the budget by $1,200,000 plus closing costs and the cost of razing the existing structure. Subsequently, the City would incur cost to make the property useful as a parking lot. RECOMMENDATION: Upon reaching a consensus of the City Commission, direct the City Manager and City Attorney to negotiate a purchase agreement for 54 East Coast Drive for City Commission approval and direct staff to prepare an ordinance amending the operating budget to fund the estimated costs of acquisition. ATTACHMENTS: COJ Property Appraiser parcel information on 54 East Coast Drive Atlantic Beach Zoning Map Aerial Photo of 54 East Coast Drive General Fund Long Term Financial Projection of2016 Photo of House City of Atlantic Beach Long Term Financial Plan Projection Summary General Fund Actual Actual Estimate Budget Proj. Proj. Proj. Proj. Proj. Proj. Proj. Proj. Proj. FY-13 FY-14 FY-15 FY-16 FY-17 FY-18 FY-19 FY-20 FY-21 FY-22 FY-23 FY-24 FY-25 Cash Balance Forward 5,999,741 6,178,222 6,522,475 6,603,516 6,603,516 6,109,072 5,842,229 5,652,023 5,759,464 5,959,845 6,499,296 7,052,613 8,082,327 Revenues Taxes 5,069,752 5,044,296 5,191,889 5,489,037 5,697,169 5,913,264 6,137,692 6,370,712 6,612,660 6,863,941 7,124,856 7,395,799 7,677,159 Licenses and Permits 630,706 663,976 860,975 903,350 930,351 956,159 986,600 1,016,298 1,046,678 1,077,968 1,110,195 1,143,386 1,177,570 Intergovernmental Revenues 1,567,424 1,634,354 1,686,170 1,779,142 1,832,284 1,867,020 1,943,398 2,001,467 2,061,279 2,122,885 2,186,339 2,251,696 2,319,015 Charges for Services 2,161,325 2,200,952 2,328,435 2,259,665 2,326,196 2,394,707 2,465,259 2,537,913 2,612,730 2,689,776 2,769,118 2,850,824 2,934,965 Fines and Forfeitures 224,294 93,469 82,320 82,000 84,460 86,994 89,604 92,292 95,060 97,912 100,650 103,675 106,991 Miscellaneous Revenues 260,707 301,347 179,293 163,731 145,303 139,173 136,494 135,004 111,626 113,070 114,556 116,085 57,659 lnterfund Transfers 975,454 1,066,503 999,210 1,045,874 1,071,487 897,776 1 '118,766 1,146,291 1,174 548 1 203,556 1,233,335 1,263,376 1,313,362 Total Revenues 11,109,664 11,204,899 11,348,292 11,722,799 12,087,248 12,277,113 12,878,012 13,299,977 13,714,601 14,169,108 14,639,248 15,125,041 15,586,722 Other Financing Sources Total Resources 17,109,405 17,383,121 17,870,767 18,326,315 18,690,765 18,386,186 18,720,241 18,952,000 19,474,065 20,128,953 21,138,544 22,177,654 23,669,049 Expenditures by Department Governing Body 40,225 38,324 41,315 40,364 40,692 41,412 41,939 42,476 43,022 43,577 44,141 44,715 45,296 City Administration 2,363,786 2,467,038 2,506,734 2,418,498 2,812,328 2,584,362 2,844,004 2,792,896 2,624,637 2,870,576 2,922,650 2,885,531 2,972,051 Planning and Zoning 151,766 116,794 250,710 149,364 157,616 163,604 166,911 171,171 175,774 179,709 182,909 178,355 184,513 Public Safety 4,916,804 5,011,182 5,167,154 5,767,701 6,079,112 6,200,279 6,337,681 6,498,419 6,594,943 6,642,625 6,967,675 6,995,852 7,027,688 Public Works-Streets 1,457,343 1,658,766 1,546,301 1,572,712 1,663,247 1,692,076 1,714,148 1,694,462 1,803,183 1,807,634 1,830,530 1,838,226 1,896,722 Parks and Recreation 1,035,707 1,159,263 1,271,066 1,286,900 1,331,771 1,350,594 1,436,358 1,450,601 1,491,928 1,511,289 1,548,436 1,555,095 1,605,742 General Government 782,697 389,280 481,971 487,240 496,726 511,629 527,176 542,511 580,534 574,246 589,590 597,553 616,629 Total Expenditures 10,748,328 10,860,646 11,267,251 11,722,799 12,581,692 12,543,957 13,068,217 13,192,536 13,514,220 13,629,656 14,085,931 14,095,327 14,348,643 Revenues Less Expenditures 361,336 344,253 81,041 0 -494,444 -266,844 -190,205 107,440 200,381 539,452 553,317 1,029,715 1,238,078 Other Financing Uses 182,855 Total Cash Reserves 6,178,222 6,522,475 6,603,516 6,603,516 6,109,072 5,842,229 5,652,023 5,759,464 5,959,845 6,499,296 7,052,613 8,082,327 9,320,406 Restricted Cash 2,842,745 2,589,502 2,657,904 2,836,042 2,923,653 2,998,196 3,066,386 3,150,151 3,226,447 3,292,379 3,384,299 3,406,334 3,474,163 Unrestricted Cash 3,335,476 3,932,974 3,945,613 3,767,474 3,165,219 2,644,033 2,563,637 2,609,313 2,733,398 3,206,917 3,666,314 4,675,993 5,846,242 Total Exp. & Cash Reserves 17,109,405 17,383,121 17,870 767 18,326 315 16,690,765 18 386 186 18,720 241 18 952,000 19 474 065 20,128,953 21138,544 22,177 654 23,669 049 Resource Allocation l> Personnel Services 7,002,341 6,889,650 6,820,003 7,453,033 7,655,611 7,849,166 8,071,989 8,207,282 8,368,226 8,512,742 8,742,821 8,689,504 8,815,390 .... G') Operating 3,168,637 3,468,357 3,811,612 3,891,136 4,039,801 4,143,617 4,281,556 4,393,322 4,537,561 4,656,773 4,794,374 4,935,832 5,081,263 c m z z Capital Outlay 546,350 502,639 635,636 378,630 666,260 551,173 714,673 591,933 606,433 460,141 546,736 469,990 451,990 m c Transfers Out 31,000 0 0 0 0 0 0 0 0 0 0 0 0 N l> .:"' ::::j Total Expenditures 10,748,328 10,860,646 11,267,251 11,722,799 12,581,692 12,543,957 13,068,217 13,192,536 13,514,220 13,629,656 14,085,931 14,095,327 14,348,643 N m 139 0 s: ..... en w c:l l> ... Ci) Cm zz me Nl> ...... _ ~ -1 Nm s~ cnw a:l CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Automation of Gates at Dutton Island and Tideview Parks DATE: June 14, 2016 SUBMITTED BY: Donald D. Jacobovitz, P.E., Public Works Director AGENDA ITEM 3C JUNE 27,2016 BACKGROUND: The Dutton Island and Tideview Parks have many users at sunset and beyond. In the case of Dutton Island, the night time users are campers. In the case ofTideview, the sunset time frame users are those that fish off the deck, remove kayaks at the launch site, or observe the sunset. City Park Rangers are tasked with checking for unauthorized users being in either park after hours. Each park closes one hour after sunset. After performing checks of each park, the Park Rangers inform all users they find to leave the park by one hour after sunset. Park Rangers are tasked to lock the gates at each park one hour after sunset. If users are still in the parks after sunset (except for authorized campers in Dutton Island Park), the Park Rangers leave the gates unlocked and inform the Police Department (PD). The PD will check the park later and will roust any unauthorized users and lock the gates. Sometimes users are locked in either park by the Park Rangers because they could not find these individuals when it was time to lock the gates. Another problem is that the closing time changes when the time of sunset changes. This creates confusion with users and scheduling problems for the Park Rangers. The later closing hours during the summer causes more overtime and less daylight park service availability. There are three options available for solutions to the gate problems at these parks. The first solution is to not close the gates at night and let these parks operate like the other City parks. The second solution is to leave the situation as it is. The third solution is to install automatic gates at these parks that would close automatically at a designated time. The first solution would be acceptable if the City Commission deems it appropriate for the users of these parks. This solution frees up the Park Rangers from their end of day gate-locking task. The second solution continues the problems the City currently has, i.e., it creates later hours for Park Rangers, it removes them from daylight park service, it requires more overtime pay, it creates confusion among the park users as to what time the parks actually close, it sometimes leads to park BUDGET: AGENDA ITEM 3C JUNE 27, 2016 users being locked in a park with arrangements having to be made to let them out, and it puts Park Rangers in unsafe situations as they try to find and roust park users in the dark. The third solution provides an automated, unmanned closing of each park with the ability to allow users to leave each park if they are inadvertently locked in. Sensors would open gates for departures without allowing ingress to the parks after they are closed. Dutton Island campers would be given pass codes to allow them afterhours access to the park. These codes would be erased after their camping use is completed . Gates can be monitored or adjusted remotely. It allows Park Rangers to perform more daytime duties at these parks while reducing overtime costs without placing Park Rangers in unsafe conditions. It also reduces calls to the PD to check these parks at closing and to lock the gates. First Option: Section Option: Third Option: No Cost No Cost (other than the regular operational expenses the City already incurs) $25,000 (The cost to purchase one arm , light-weight, automated gates with their associated hardware and to install them is approximately $8 ,000 to $11,000 each. The cost to provide electrical service to the Tideview gate area is approximately $3,000. The total cost for automating these gates is estimated to be $25,000. New signage at each park could also be erected at each park's gate entrances for approximately $500 each. RECOMMENDATION: Staffs recommendation is Option 1, i.e., to not lock the gates at each park, but to leave them in place in case a decision requires them to be locked in the future . This does not cost anything and requires no checking on the part of City staff each night. It does not place Park Rangers in an unsafe situation, reduces overtime, and allows Park Rangers to provide more daytime park service when more users are in the parks. REVIEWED BY CITY MANAGER: ---?1/Z/44<! df.u.e, ... City of Atlantic Beach AGENDA ITEM 4A FINANCIAL REPORT JUNE 27,2016 May 2016 Cash Balances Prior Current Dollar Percent Fund(s) 04/30/16 05/31/16 Change Change General $ 8,885,074 $ 7,880,820 $ (1 ,004,253) -11.30% Tree Replacement 26,470 26,470 0.00% Convention Development Tax 107,556 99,758 (7,798) -7.25% Local Option Gas Tax 326,658 351,534 24,876 7.62% Better Jax 1/2 Cent Sales Tax 606,550 647,324 40,775 6.72% Police Training, Forfeiture, Grants, etc. 129,555 140,036 10,481 8.09% Capital Projects 3,088,792 3,711,999 623,207 20.18% Utility 6,363,165 6,374,379 11,214 0.18% Sanitation 461,474 464,355 2,881 0.62% Building Code Enforcement 458,231 464,266 6,034 1.32% Storm Water 1,760,847 1,794,452 33,605 1.91% Pension -Police 143,312 156,865 13,553 0.00% Pension -General 67965 88,759 20,794 30.59% Total $ 22,425,649 $ 22,201,017 $ (224,631) -1.00% Total Restricted Cash 7,231,593 Total Unrestricted Cash $14,969,424 Cash and Investments Prior Current Dollar Percent Account 04/30/16 05/31/16 Change Change Bank of America -Depository $ 6,521,310 $ 6,268,325 $ (252,985) -3.88% Delaware Limited-Term Diversified Inc A 2,523,445 2,526,878 3,433 0.14% Global X Gold Explorers ETF 4,188,064 4,210,115 22,051 0.53% lnvesco Floating Rate A 737,571 743,422 5,852 0.79% Voya Short Term Bond Fund Class A 4,189,925 4,186,932 (2,994) -0.07% MSSB Money MarkeUCash 4,239,314 4,239,314 0.00% SBA -Florida Prime 22,869 22,880 12 0.05% Cash on Hand 3,150 3,150 0.00% Subtotal $ 22,425,649 $ 22,201,017 $ (224,631) -1.00% Police Pension Investments $ 8,918,469 $ 9,007,677 $ 89,208 1.00% General Pension Investments 15,620,319 15,800,290 179,971 1.15% Subtotal $ 24,538,788 $ 24,807,967 $ 269,179 1.10% Total $ 46,964,435 $ 47,008,984 $ 44,548 0.09% AGENDA ITEM 4A JUNE 27, 2016 City of Atlantic Beach FINANCIAL REPORT May 2016 Revenues Annual YTD YTD Dollar Fund I (Footnote) Estimate Estimate Actual Variance General $ 11,762,799 $ 7,841,584 $ 9,105,833 $ 1,264,249 Convention Development Tax 96,307 64,192 60,156 (4,036) Local Option Gas Tax 461,611 307,736 309,611 1,875 Better Jax 1/2 Ct Sales Tax 790,128 526,744 539,593 12,849 Police Training, Forfeiture & Grants 89,150 64,648 61,923 (2,725) Grants -CDBG 650,000 433,328 (433,328) Capital Projects 855,000 685,044 1,121,230 436,186 Utility 8,335,711 5,557,032 5,709,206 152,174 Sanitation 1,840,330 1,226,872 1,303,519 76,647 Building Code Enforcement 439,134 292,728 338,890 46,162 Storm Water 875,708 583,800 622,664 38,864 Pension -Police 1,530,544 1,020,352 1,069,275 48,923 Pension -General 2,336,217 1,557,472 1,809,090 251,618 Total $ 30,062,639 $ 20,161,532 $ 22,050,990 $ 1,889,458 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 $1,264,249. 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 $433,328, Grant revenue is reimbursement based, revenue was billed in April and will be collected in May. Capital Project Fund reflected a positive variance of $436,186. This variance is a result of a mid year budget modification and subsequent transfer of funding to the Public Safety Building Project. Percent Variance 16.12% -6.29% 0.61% 2.44% -4.22% -100.00% 63.67% 2.74% 6.25% 15.77% 6.66% 4.79% 16.16% 9.37% City of Atlantic Beach FINANCIAL REPORT May 2016 Expenses Annual YTD Department Estimate Estimate Governing Body $ 40,384 $ 26,896 $ City Administration 2,418,498 1,696,064 General Government 5,115,740 4,317,200 Planning and Building 1,337,724 947,984 Public Safety 5,813,259 3,904,654 Recreation and Beautification 1,286,900 998,699 Public Works 5,368,085 3,693,048 Public Utilities 10,070,138 6,846,264 Pension -Police 621,607 414,360 Pension -General 986,941 657,936 Total $ 33,059,276 $ 23,503,105 $ Annual YTD Resource Allocation Estimate Estimate Personnel Services $ 10,198,510 $ 6,770,397 $ Operating Expenses 11,089,341 7,654,157 Capital Outlay 8,159,330 6,095,267 Debt Service 1,964,401 1,309,568 Grants and Aids 36,820 24,536 Transfers 1,610,874 1,649,180 Total $ 33,059,276 $ 23,503,105 $ Analysis of Major Variances YTD Actual 28,517 $ 1,609,812 1,316,428 572,918 3,422,836 953,050 2,635,351 5,212,268 397,854 933,588 17,082,622 $ YTD Actual 6,249,556 $ 6,058,950 1,127,105 1,964,401 33,390 1,649,220 17,082,622 $ AGENDA ITEM 4A JUNE 27, 2016 Dollar Percent Variance Variance (1 ,621) -6.03% 86,252 5.09% 3,000,772 69.51% 375,066 39.56% 481,818 12.34% 45,649 4.57% 1,057,697 28.64% 1,633,996 23.87% 16,506 3.98% (275,652) -41.90% 6,420,483 27.32% Dollar Percent Variance Variance 520,841 7.69% 1,595,207 20.84% 4,968,162 81.51% (654,833) -50.00% (8,854) -36.09% (40} 0.00% 6,420,483 27.32% 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 $3,000,772. 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 $375,066. 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 $481 ,818. Majority of the variance consists of positive variances in Salaries, City of Jacksonville Fire Contract that is billed quarterly and Lifeguard Salaries that expense in the summer. Public Works had a positive variance of $1,057,697. 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 $1,633,996 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 $275,652 variance for the period. In October, a large payout of $207,381.11 was made to a fonmer employee's beneficiary. Operating Expenses had a positive variance of $1,595,207. Various contractual services contribute to this balance. The largest contracts are the Fire Contract (COJ), Sanitation Contract, and Road Paving. ' Capital Outlay had a positive variance of $4,968,162. 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 $654,833; this was the result of the largest Public Utility debt service payment being made in October. City of Atlantic Beach AGENDA ITEM 4A FINANCIAL REPORT JUNE 27, 2016 May 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 $ 61,844 $ 5,980 $ 165,356 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 DUTION ISLE RD IMPROVMENT PM1505 25,000 7,386 17,234 380 E NEW POLICE BLDG-DES/CONST PS1501 3,601,967 69,881 3,532,086 SALTAIRISTURDIVAN SIDEWLK PW1406 32,090 2,080 2 30,008 I SEMINOLE STREET SCAPE 1 PW1407 258,092 7,684 11,383 239,025 D MARSH PROJECT PED PATH PW1408 56,504 12,075 44,429 1 I 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 MARSH PRESERVE PATH PHZ-1 PW1603 540,000 820 458,840 80,340 Subtotal $ 4,884,676 $ 189,559 $ 4,069,954 $ 625,163 Planing, Zoning & Building FRANCIS AVE DRAINAGE IMPR PW1502 650,000 145,155 492,942 11,903 Subtotal $ 650,000 $ 145 155 $ 492,942 $ 11,903 Public Works: SEMINOLE STREET SCAPE 1 PW1407 $ 13,487 $ 12,807 $ 680 $ 0 D SAL TAIR DRAINAGE UPGRADE PW1411 61,707 4,000 (2) 57,709 I SE SEMINOLE RD DRAIN IMPR PW1412 650,000 650,000 D Subtotal $ 725194 $ 16 807 $ 678 $ 707 709 Public Utilities: INLINE VALVE INSTALLATION PU1404 $ 16,355 $ 16,253 $ $ 102 D EFFLUENT OUTFALL REPLCMT PU1408 2,625 3,653 (1,028) I WELL LOGGING-6 WELLS PU1501 130,000 130,000 s UPDATE MODELS PU1502 23,442 16,831 6,611 I EFF OUTFALL @ SHERMAN PT PU1504 320,000 64 319,936 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 48,000 552 (1) 47,449 A CHLORINE AUTO CONTROL VAL PU1603 31,000 356 23,441 7,202 A CONTROL BUBBLER SYSTEM PU1604 15,000 172 14,828 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 STA WW PU1608 19,000 218 13,853 4,929 A SOFTSTARTS LIFT ST. ABC&D PU1609 55,000 6,310 13,821 34,869 A 2 POINT REP. EFF GRAV ICW PU1610 30,000 30,000 E PHORPHOROUS TREATMENT FAG PU1611 225,000 17,658 7,174 200,167 I REPLACE DISKS KRUGER DISF PU1612 6,000 5,999 1 A INFLUENT SCREENS (2) PU1613 20,000 230 0 19,770 A REPLACE EFF PUMP #2 PU1614 50,000 575 0 49,425 A REPLACE RAS PUMP & MOTOR PU1615 50,000 575 49,425 A REPLAC INFLUENT PUMP WWTP PU1616 22,000 253 21,747 A SEMINOLE STREET SCAPE 1 PW1407 705,395 5,123 11,247 689,025 D Subtotal $ 2,206,912 $ 181,457 $ 103,213 $ 1,922,242 Total $ 8,466,782 $ 532,977 $ 4,666,787 $ 3,267,018 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 Interlocal Agreement for Use of Property Tax Collections to Fund Exemption Audit Services AGENDA ITEM 48 JUNE 27, 2016 THIS AGREEMENT is made and entered into as of the "Effective Date" defined below, and is by and among the DUVAL COUNTY PROPERTY APPRAISER ("PROPERTY APPRAISER"), DUVAL COUNTY TAX COLLECTOR ("TAX COLLECTOR"), and the CITY OF ATLANTIC BEACH, FLORIDA, a municipal government under the laws of the State of Florida (the "TAXING AUTHORITY"). This agreement shall hereinafter be referred to as the "Interlocal Agreement." WHEREAS, the PROPERTY APPRAISER is responsible under Florida law for the administration of ad valorem property tax exemptions, including homestead exemption, and the preparing and filing of tax liens for back taxes related to the removal of undeserved exemptions; and WHEREAS, the TAX COLLECTOR is responsible under Florida law for the collection and distribution of ad valorem property taxes, including back taxes and tax liens, and associated penalties, fees, and interest; and WHEREAS, the TAXING AUTHORITY receives local property tax revenue to fund essential public services; and WHEREAS, the Parties to this Interlocal Agreement recognize that there may be property owners on the Duval County tax roll claiming undeserved and/or fraudulent personal exemptions from ad valorem property tax, such as the homestead exemption (hereinafter collectively referred to as "Personal Exemptions"), which reduces property tax revenue or unfairly shifts the property tax burden to other property owners; and WHEREAS, the PROPERTY APPRAISER and TAX COLLECTOR intend to contract with a duly procured third party vendor (the "Vendor") for audit services to identify properties with undeserved Personal Exemptions for the purpose of collecting taxes due on those properties, which funds would otherwise be unavailable to the TAXING AUTHORITY (hereinafter the "Vendor Audit Agreement"); and WHEREAS, the Vendor shall provide said audit services in exchange for the fee established in the Vendor Audit Agreement, which fee consists of an amount subject to the procurement process but shall in no event exceed twenty-eight percent (28%) of any tax, penalties, and interest collected from tax liens filed by the PROPERTY APPRAISER on parcels identified through a Vendor audit as not being entitled to Personal Exemption(s) (hereinafter, the "Fee"); and WHEREAS, the Fee shall be paid exclusively from the taxes, penalties, and interest collected in relation to the removal of Personal Exemptions as a result of audits performed by the Vendor, it being understood that said Fee: (a) shall not be payable from any current or future taxes that have not yet resulted in a lien; (b) shall not be payable from any tax lien filed by the PROPERTY APPRAISER as a result of the PROPERTY APPRAISER's discovery of an 1 AGENDA ITEM 48 JUNE 27, 2016 undeserved Personal Exemption; and (c) shall not constitute a pledge or general obligation of tax funds or create an obligation on the TAXING AUTHORITY to appropriate or make monies available for the purpose of this Interlocal Agreement; and NOW, THEREFORE, the PROPERTY APPRAISER, TAX COLLECTOR, and the TAXING AUTHORITY agree as follows: TERMS 1. Vendor Audit Agreement. The parties acknowledge and agree that the Vend or Audit Agreement is presently being procured by the PROPERTY APPRAISER and/or TAX COLLECTOR, and shall set forth such terms and conditions associated with that procurement process. Once executed, the Property Appraiser and/or Tax Collector shall deliver a true and correct copy of the Vendor Audit Agreement to the TAXING AUTHORITY for its records. A draft Vendor Audit Agreement is attached hereto as Exhibit A and incorporated herein by this reference; however, the parties understand and agree that during the procurement process, the draft Vendor Audit Agreement may be adjusted to provide for indemnification, insurance, and other legal provisions, and shall provide for the Vendor's Fee in an amount not to exceed twenty- eight percent (28%) of the collected lien resulting from the removal of the undeserved Personal Exemption, and shall provide for the TAX COLLECTOR's administrative fee of two percent (2%) of the collected lien resulting from the removal of the undeserved Personal Exemption. The parties to this Interlocal Agreement agree that in no event shall the fees deducted from the collected Personal Exemption lien payable to the TAXING AUTHORITY exceed thirty percent (30%) (which is the sum of the TAX COLLECTOR's administrative fee and the maximum potential fee payable to the Vendor), which cap is intended to be commensurate with the cap established in the authorizing legislation in Ordinance 2016-168-E of the City of Jacksonville for that respective taxing authority. Once the Vend or Audit Agreement is procured, executed, and a copy delivered to the TAXING AUTHORITY, the PROPERTY APPRAISER and TAX COLLECTOR agree that the Vendor Audit Agreement may not be subsequently amended without the prior written approval of the TAXING AUTHORITY; however, the foregoing condition does not apply to any annual renewals of the Vendor Audit Agreement so long as such renewals are on the same terms and conditions as the original Vendor Audit Agreement and do not extend the expiration date beyond April12, 2021. 2. Effective Date. This Interlocal Agreement shall become effective on the last date of the following: (a) the date that all other taxing authorities in Duval County (to wit: the City of Jacksonville, City of Jacksonville Beach, City of Neptune Beach, School Board of Duval County, St. Johns River Water Management District, and Florida Inland Navigation District) fully execute and deliver their respective interlocal agreements for this matter; (b) the date of execution and delivery of a duly procured and executed Vendor Audit Agreement; and (c) the complete signature and delivery of this Interlocal Agreement. 3. Authorization of Reduced Collections for Fee Payment: As noted in section 1 above, the TAX COLLECTOR is also authorized to deduct an additional two percent (2%) of the lien monies resulting from the removal of the undeserved Personal Exemption collected as an administrative fee; the TAX COLLECTOR's administrative 2 AGENDA ITEM 48 JUNE 27, 2016 fee shall be paid exclusively from the taxes, penalties, and interest collected in relation to lien associated with the removal of Personal Exemptions as a result of audits performed by the Vendor, said administrative fee shall not be payable from any current or future taxes that have not yet resulted in a lien, shall not be payable from any tax lien filed by the PROPERTY APPRAISER as a result of the PROPERTY APPRAISER's discovery of an undeserved Personal Exemption, and shall not be a pledge or general obligation of tax funds or create an obligation of the TAXING AUTHORITY to appropriate or make monies available for the purpose of this Interlocal Agreement. The TAX COLLECTOR shall distribute the remaining tax revenue after deduction of Vendor's Fee and the TAX COLLECTOR'S administrative fee to the TAXING AUTHORITY according to governing Florida law. This Interlocal Agreement does not constitute a pledge or general obligation of ad valorem taxation, or create any obligation on the TAXING AUTHORITY to appropriate or make monies available for any tax year, and does not create the right in any party to compel the exercise of the ad valorem taxing power of the TAXING AUTHORITY or any taxing authority. The TAX COLLECTOR agrees, on no less than a quarterly basis, to provide to the TAXING AUTHORITY an accounting of all tax proceeds collected pursuant to the Vendor Audit Agreement, the Fees paid to Vendor, the administrative fees retained by the TAX COLLECTOR, and the total funds distributed to the TAXING AUTHORITY and each taxing authority. Within sixty ( 60) days of the Effective Date of this Interlocal Agreement, the representatives of each party agree to meet to develop the format and content of the quarterly reports, and also agree to meet at least annually (at a time or times to be determined by the parties) to review the results ofthe Vendor Audit Agreement and this Interlocal Agreement. The TAX COLLECTOR agrees to provide the TAXING AUTHORITY access to its records for review and audit purposes. 4. Termination: This Interlocal Agreement shall automatically renew at the beginning of the TAXING AUTHORITY's fiscal year (October 1) until such time as the Vendor Audit Agreement is terminated or otherwise expires (it being understood, however, that the Vendor Audit Agreement natural expiration date shall be no later than April12, 2021). Upon termination or expiration of the Vendor Audit Agreement, this Interlocal Agreement automatically expires except for such provisions as survive termination as further agreed herein. Any taxing authority, including the TAXING AUTHORITY, may opt out of the Interlocal Agreement provided it notifies the PROPERTY APPRAISER and TAX COLLECTOR in writing at least ninety (90) days before the end of the taxing authority's fiscal year, and such termination shall be effective upon the first day of the following fiscal year of such taxing authority. Notwithstanding the foregoing, the parties recognize that the TAXING AUTHORITY's fiscal year is October 1 through September 30, and as such, its fiscal year commences before the municipal taxing authorities' respective fiscal years that commence October 1. Accordingly, the TAX COLLECTOR and PROPERTY APPRAISER agree to give the TAXING AUTHORITY written notice within ten (10) business days of any other taxing authority's subsequent termination during the TAXING AUTHORITY's fiscal year. Upon receipt of notice regarding such third party taxing authority's subsequent termination, the TAXING AUTHORITY may elect, at its option, to terminate this Interlocal Agreement by written notice to 3 AGENDA ITEM 48 JUNE 27, 2016 written notice to be delivered to the PROPERTY APPRAISER and TAX COLLECTOR and to be effective no later than December 31 of that fiscal year. The parties acknowledge that, to the extent feasible, Vendor audit services shall not be provided for any parcel in a specific tax district if any taxing authority in that tax district subsequently withdraws from an agreement or memorandum of understanding for use of property tax collections to fund exemption audit services. Upon termination of this Interlocal Agreement, Fees for all tax liens collected from audits completed by the Vendor in affected taxing authority districts up to the date of the notification of termination shall be payable in accordance with the terms provided by the Vendor Audit Agreement. Because tax liens may not be paid within the term of this Interlocal Agreement, the authorization of reduced collections for Fee payment shall survive the termination of this Interlocal Agreement as follows: the TAXING AUTHORITY's responsibility for payment of the Fees for tax liens collected from audits completed by the Vendor pursuant to the Vendor Audit Agreement during the term of this Interlocal Agreement shall terminate upon the earlier of: (a) the collection and payment of all liens resulting from Vendor audits pursuant to the Vendor Audit Agreement, or (b) such time as agreed to between the Vendor, the PROPERTY APPRAISER, and the TAX COLLECTOR; provided, however, in no event shall Vendor be paid for Fees for tax liens that have expired pursuant to section 95.091, Florida Statutes (providing for the expiration of such liens within twenty (20) years from the date the lien was filed). 5. Severability: Should any provision, portion, or application of this Agreement be determined by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any applicable law or constitutional provision, or should future changes to Florida law conflict with any portion of this Interlocal Agreement, the parties shall negotiate an equitable adjustment in the affected provisions of this Interlocal Agreement with a view toward effecting the purpose of this Interlocal Agreement, and the validity and enforceability of the remaining provisions, portions, or applications thereof, shall not be impaired. If a future change to Florida law conflicts with or preempts the entirety of this Interlocal Agreement, the Interlocal Agreement will be immediately terminated. 6. Public Records: The parties are public agencies subject to Florida's public records laws, including records retention, production, and confidentiality provisions. The PROPERTY APPRAISER and TAX COLLECTOR agree to retain all records maintained by their agencies and associated with the performance of this Interlocal Agreement in compliance with applicable Florida records retention schedules, and to make all non-confidential or exempt records available for inspection or copying upon request and in compliance with Florida's public records laws. 7. Liability: The PROPERTY APPRAISER retains sole discretion and authority to grant, deny or remove exemptions, or file liens for undeserved Personal Exemptions in accordance with Florida law. All legal costs involving appeals of the removal of Personal Exemptions resulting from audits shall be the responsibility of the PROPERTY APPRAISER. The TAXING AUTHORITY has no decision-making authority in relation to exemptions or liens under this Interlocal Agreement and assumes no liability for any claims, damages, losses, or expenses, direct, indirect or consequential, arising out of or resulting from the actions of Vendor, the PROPERTY APPRAISER, or the TAX COLLECTOR under this lnterlocal Agreement or 4 AGENDA ITEM 48 JUNE 27, 2016 the Vendor Audit Agreement other than the payment of Vendor's Fees and the TAX COLLECTOR'S administrative fee, as aforesaid. 8. Notice: Any notice required to be given under this Interlocal Agreement shall be made in writing and sent by first class mail, postage paid, or by hand delivery to, the contact and address for the party as it appears on the signatory page of this Interlocal Agreement. 9. Applicable Law: The terms and conditions of this Interlocal Agreement shall be governed by the laws of the State of Florida. 10. No Third Party Beneficiaries: This Interlocal Agreement is for the sole benefit of the parties hereto, and in no event shall this Interlocal Agreement be construed to be for the benefit of any third party, nor shall any party be liable for any loss, liability, damages or expenses to any person not a party to this Interlocal Agreement other than the Fees owed the Vendor pursuant to the Vendor Audit Agreement. 11. Sovereign Immunity. Except as otherwise provided by Florida Law, neither the execution of this Interlocal Agreement by the parties, nor any other conduct, action or inaction of any of the parties relating to the Interlocal Agreement is a waiver of their respective sovereign immunity. 12. Headings: Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Interlocal Agreement. 13. Conflicts. In the event of any conflict between this Interlocal Agreement and the Vendor Audit Agreement, as among the TAX COLLECTOR, the PROPERTY APPRAISER, and the TAXING AUTHORITY, the terms of this Interlocal Agreement shall control notwithstanding any provisions to the contrary in the Vendor Audit Agreement. 14. Execution: The parties agree that this Interlocal Agreement may be signed in counterparts and facsimile signature; the counterparts and facsimiles of which, when taken together, shall comprise an entire and original Interlocal Agreement. [Signatures continued on next page] 5 [Signature page to Interlocal Agreement for Use of Property Tax Collections to Fund Exemption Audit Services} AGENDA ITEM 48 JUNE 27, 2016 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by the proper officer of each, as of the date first written above. PROPERTY APPRAISER: JERRY HOLLAND As PROPERTY APPRAISER 231 E. FORSYTH ST. SUITE 270 JACKSONVILLE, FL 32202 904-630-2014 jholland@coj .net DATE: ______________________ __ APPROVED AS TO LEGAL FORM For the Property Appraiser: Signature: _______________________ __ Office of General Counsel TAX COLLECTOR: MICHAEL CORRIGAN As TAX COLLECTOR 231 E. FORSYTH ST. SUITE 200 JACKSONVILLE, FL 32202 904-630-2087 mcorrigan@coj .net DATE: _____________________ __ APPROVED AS TO LEGAL FORM For the Tax Collector: Signature: _______________________ _ Office of General Counsel [Signatures continued on next page] 6 [Continued signature page to Inter local Agreement for Use of Property Tax Collections to Fund Exemption Audit Services] AGENDA ITEM 48 JUNE 27, 2016 TAXING AUTHORITY THE CITY OF ATLANTIC BEACH, FLORIDA MITCHELL E. REEVES As MAYOR 800 SEMINOLE RD. ATLANTIC BEACH, FL 32233 NELSON VANLIERE As CITY MANAGER 800 SEMINOLE RD. ATLANTIC BEACH, FL 32233 DONNA L. BARTLE, CMC As CITY CLERK 800 SEMINOLE RD. ATLANTIC BEACH, FL 32233 DATE: ------------------------- DATE: ______________________ __ DATE: ______________________ ___ APPROVED AS TO LEGAL FORM For the City of Atlantic Beach: Signature: ________________________ _ City Attorney 7 AGENDA ITEM: STAFF REPORT City of Atlantic Beach Commission Meeting ORDINANCE NO. 20-16-138 AGENDA ITEM 7A JUNE 27, 2016 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, AND PROVIDING AN EFFECTIVE DATE. DATE: May 27, 2016 SUBMITTED BY: Russell Caffey, Finance Director BACKGROUND: The Ci.ty of Atlantic Beach's Legal Budget for fiscal year 2017 (FY17) is $96,000. Following the Gate Hearing, the City has incurred $86,835 in legal expenditures for the year. Legal fees not associated with Gate Petroleum are currently averaging $8,260 a month. City Staff is requesting an increase to the legal budget of $75,000 to cover estimated legal costs for the remainder ofFY17. BUDGET: Mid-year budget modification to transfer$ 75,000 from the Fund Balance to the Legal Services Division. RECOMMENDATION: To adopt Ordinance NO. 20-16-138 amending the 2015-16 Annual Budget. ATTACHMENT: 1. Ordinance No. 20-16-138 REVIEWED BY CITY MANAGER: '-U ~ ;7~ AGENDA ITEM 7 A JUNE 27, 2016 ORDINANCE NO. 20-16-138 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, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Chmier 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 $75,000 to cover an estimated increase to legal fees for the balance of the fiscal year. 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: City Administration -Legal Services Fund Balance: Professional Services -City Attorney Total Expenses: 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 13th day of June 2016. $ 75 000 $ 75.000 <$ 75.000> 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 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM SA JUNE 27, 2016 AGENDA ITEM: Safe Routes to Schools Route Selection DATE: June 8, 2016 SUBMITTED BY: Donald D. Jacobovitz, P.E., Public Works Director BACKGROUND: 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. Staff applied for the SRTS grant, which was approved in late 2013. Under this grant, FOOT was responsible for engineering design and construction of the Multi-Purpose Path (MPP), with no requirement for matching funds from the City. The proposed project, which will construct an eight foot multi-purpose path on Sherry Drive from Ahern Street to Plaza Drive, and on Seminole Road from Plaza Drive to 1 yth Street, was presented at public meetings in March 2013 and May 2016 and received enthusiastic support from attendees, including the Friends of Atlantic Beach Elementary (FABE), ABE SAC and PTA. Two options for the path are under consideration and are to be presented to the Commission at a Workshop before the June 23rd Commission meeting. The first option is the original proposed route constructing the entire path along the eastern side of Sherry Drive and Seminole Road. The second option is to use the existing MPP on the west side of Seminole Road from Plaza Drive to Selva Marina Drive ( -1300 LF) and continue on the west side to the existing crosswalk near 151h St I Country Club Lane. Staff has evaluated the options and lists some Pros & Cons of each alternative in Attachment 1. A third option is for the Commission to decide the project is not in the best interests of the City and to terminate design and surrender the grant. Under Federal Law, the city will be obligated for the funds already expended to bring design to the current point ($50,000 as of April 8, 2016). The Commission proposed alternative for routing a portion of the path through Howell park was not considered based on community comments at the May yth Town Hall meeting regarding safety concerns and also because the longer route through the park would further reduce the length of path to the north. Preliminary design for the project began in 2014. After changes in project funding source and engineering consultant, final design was begun by Element Engineering in October 2015. Design is being held at the Conceptual (30%) stage pending City selection of the route to follow for the SRTS path. Construction is anticipated to begin after July 1, 2017. AGENDA ITEM SA JUNE 27, 2016 The Jacksonville Transportation Authority (JTA) has agreed to serve as the Local Agency Project (LAP) Administrator for the FOOT on this project. BUDGET: The negotiated public involvement support fee ($6, 136.57) is being paid from the Public Works Professional Services account (001-5002-541-31 00) with no additional funding required. The City will be obligated for design fees (-$50,000) if the project is canceled, funding source to be determined, if needed. FOOT has budgeted $687,000 for design, construction and construction support efforts. RECOMMENDATIONS: Staff recommends the Commission approve the original route keeping the entire multi-purpose path on the eastern side of Sherry Drive and Seminole Road. ATTACHMENTS: 1. SRTS Path Alternatives -Pros & Cons REVIEWED BY CITY MANAGER: __ ~--=--~ ....::.~-=4.47=-"-L......Cil!~=--""---""""'--------- Safe Routes to Schools Route Options 1) Original Route -East Side Sherry and Seminole-Ahern to 17th St. • Pros: AGENDA ITEM SA JUNE 27,2016 o Minimizes main route crossings of high traffic volume streets (crosses Plaza Drive at a five way Stop controlled intersection). o Route already field verified as having no significant obstacles and requiring minimal tree removal. o Design already at 30% level, no additional survey required. • Cons: o Funding limitations dictate construction stops at 1 yth St. (instead of tying into existing MPP at Garden Lane as requested in initial grant application). o Constructs new concrete walkway where there is no existing path (east side of Seminole, Plaza to 15th St), while there is an existing MPP and sidewalk on the west side of Seminole. 2) Alternate Route -West Side Seminole -Plaza to 15th St. • Pros: o Uses existing MPP from Plaza to Selva Marina Dr. and replaces existing sidewalk from Selva Marina Dr. to 15th St. o Use of existing path may allow extending path north to 18th St. o Reduces number of driveway crossings because one block is along south edge of Johansen Park. • Cons: o Requires two additional main route crossings of high traffic volume streets (Seminole at 15th and at Plaza Dr.). 15th St crossing is not Stop controlled. Because of heavy traffic volume, Seminole at Plaza may require a Crossing Guard. o Crossing at 15th St is on a curve in Seminole Road. o Additional survey required, est. cost $5,250 from Plaza to 15th St. (also additional survey if path is extended to 18th St., -$8,000). Probably at City expense. 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 JUNE 27, 2016 Yvonne Calverley, Executive Assistant to the City Manage~C--- June 7, 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: • The next quarterly Town Hall Meeting is scheduled for Saturday, July 16th at 10 am in the Commission Chamber. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for July through September 2016 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (July through September 2016) CITY MANAGER: ---1t !/a., ~ ~L' ;\D .\ Y .\IU\:D .\ Y 3 4 5 Songwriters' Concert 4th of July 6-8 pm City Offices Adele Grage Closed 10 11 12 Commission Mtg 6 :30pm (lnvoc-Hill) V ideotaped 17 18 19 24 25 26 Acoustic Nights Commission Mtg 6-8 pm 6 :30pm Bull Park (Tnvoc -Harding) Videotaped 31 MAYOR AND COMMISSION July 2016 ·1 LT~D .\Y \\ I ·:D\:1 :~D .\ Y "II IL'H.SD .\ \" 1 6 7 8 13 14 15 20 21 22 27 28 29 I •IU D .\ Y Newsletter Due (Mayor) D ue Date for 7/25 Agenda Items Due Date for 8/8 Agenda Items S.\Tl'RD .\ Y 2 9 16 T own Hall Meet ing lOam Chambe r 23 30 l> '-Ci'l Cm zz me N)> ..... _ ~ -1 Nm ss: Cl'\\0 l> SUNDAY MONDAY 1 7 8 Songwriters' Concert Commission Mtg 6-8 pm 6 :30pm Adele Grage (Invoc -Waters) 14 15 21 22 Commission Mtg 6 :30pm (lnvoc -Reeves) 28 29 Acoustic Nights 6-8 pm Bull Park MAYOR AND CO:rvrMISSION August 2016 TUESDAY WEDNESDAY THURSDAY 2 3 4 9 10 11 Newsletter Due (Stinson) 16 17 18 23 24 25 30 31 FRIDAY 5 Due Date for 8/22 Agenda Items 12 19 26 Due Date for 9/12 Agenda Items SATURDAY 6 13 20 27 l> ~Ci) Cm zz me Nl> .... _ ~ -t Nm ss: 0'1\0 l> Sl '0:D .\Y ,\[00: D .\ Y 4 5 6 11 12 13 Commission Mtg 6:30pm (Invoc -Stinson) Videotaped 18 19 20 25 26 27 Commission Mtg 6:30pm (Invoc-Hill) Videotap ed MAYOR AND COMMISSION September 2016 'I'LT.SD .\ Y \\'I ·J) 0: J·:S I).\ Y 'l'llllRSD .\ Y 1 Labor Day City Offices Closed 7 8 Newsletter Due (Waters) 14 15 21 22 28 29 I ·RII).\ Y 2 9 Due Date for 9/26 Agenda Items 16 23 Due Date for 10/10 Agenda Items 30 S.\'ll 'IW.\Y 3 10 17 2-J. )> .._~ Cm zz me N)> ...,_ ~ -t Nm s~ "'1.0 )>