8-22-16 Agenda Packet 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
August 22, 2016 - 6:30 PM
AGENDA
Invocation and pledge to the flag
Call to order
1. A. Approve the minutes of the Commission Meeting of August 8, 2016.
2. Courtesy of Floor to Visitors
A. Presentation by Paige Shadden regarding her attendance at American Legion Auxiliary
Girls State in Tallahassee. (Commissioner Stinson)
B. Presentation- Langton Consulting Annual Report on Grant Status.
3. Unfinished Business from Previous Meetings
A. 2016 Annual Evaluations for the Three Appointed Positions (Mayor Reeves)
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 Recreation Programs Special Events Report and
Financial Report for July 2016.
B. Award the contract including Added Alternates #1 and #2 to the low bidder, R&D
Landscaping & Irrigation, (the current contractor who provides these services), for an
annual total of $124,791.00. Allow the City of Jacksonville to piggyback on the contract
for Added Alternate #3.
C. Extend the contract with Moline Electric Motor & Machine, Inc. for Repair of Electrical
Motors & Pumps (Bid No. 1112-08) for one year at the current prices, term being August
27, 2016 to August 26, 2017.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
(Ordinance No. 90-16-225, Automobile Service Station Moratorium Ordinance:
The Public Hearing for this ordinance has been reset from August 22, 2016 to
September 12, 2016.)
8. Miscellaneous Business (Discussion only)
A. Request for a waiver as permitted by Section 24-46(d) to waive the prohibition of
body artists within the Commercial General zoning district as required by Section
2
24-111(b) at Saltair Section 3, Lots 810 to 816 and 838 to 840 (aka 469 Atlantic
Boulevard, Unit 11).
B. Commission Direct Reports Contract Approval Process. (Commissioner Stinson)
(To view the documents associated with this agenda item, please click this link.)
C. Discussion on a Tree/Beautification Committee (Mayor Reeves)
9. City Manager
A. 90-Day Calendar (October 2016 through December 2016)
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City’s website at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony
and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available
at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated
on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by
5:00 PM, Friday, August 19, 2016.
IN ATTENDANCE:
MINUTES
REGULAR CITY COMMISSION MEETING
August 8, 2016
CITY HALL, 800 SEMINOLE ROAD
AGENDA ITEM lA
AUGUST 22, 2016
Mayor Mitchell E. Reeves
Commissioner Harding
Commissioner John Stinson
Commissioner M. Blythe Waters
City Attomey Wayne Flowers
City Manager Nelson VanLiere
City Clerk Donna Bartle
ABSENT:
Mayor Pro Tern Jimmy Hill
Invocation and pledge to the flag
Commissioner Waters gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Call to Order:
City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves
called the meeting to order at 6:34p.m.
1. A. Approve the minutes of the Commission Meeting of July 25, 2016.
Mayor Reeves stated the City Clerk found an enor on page 6, last paragraph, first sentence and
requested that the word "when" be replaced with the word "went". He asked if there were any
additional corrections to the minutes. There being no additional conections offered, Mayor Reeves
stated the minutes are approved as conected.
2. Courtesy of the Floor to Visitors
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.
Mark Tingen, 1198 Sandpiper Lane E, spoke regarding Selva Preserve and the foliage being removed
and asked for advance notice to the neighborhood. He expressed concem over the bike path not being
marked yet and asked that it be addressed. He advised that he attended the Blue Lives Matter walk at
Memorial Park and explained we have a small police department and we should recognize them for what
they do.
Chris Jorgensen, 92 W. 3rd St., spoke in reference to the beautification of City Hall and thanked Public
Works. He mentioned a letter that he read in the Beaches Leader by Shirley who retired. He explained
he attended the Blue Collar negotiations meeting and would like to see everyone taken care of in a
legitimate manner and at a reasonable cost. He mentioned that this past week one of the Global
Warming top scientist resigned and since then publicly stated Global Wmming is a scam. Spoke in
reference to three volcanoes erupting within a seventy-two hour time span. He reported attending a
meeting with Mayor Curry and seeing City Manager Van Liere, Commissioner Hill and Mayor Reeves
at the meeting.
Linda Padrta, 1113 First St, Neptune Beach, stated she owns properties in Aquatic Gardens and is
concemed the City is operating as if increased tax revenue is the most important consideration when
August 8, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM lA
AUGUST 22, 2016
Page2
evaluating a development proposal and explained there appears to be no evaluation of other critical
factors such as negative impact on surrounding communities and any cost to the City for maintenance
and upkeep. She also expressed concerns about bargaining out of the public view, adding items to the
meeting agenda at the last minute, not sending questionable projects to the Community Development
Board, lack of communication with Neptune Beach regarding stormwater handling, and the City not
giving people living in Aquatic Gardens a sense of security that their homes are safe. She spoke about
the fmmat of the Commission Meetings being long and seems to be locking citizens from having their
voices heard before the votes. She also expressed concerns regarding the dog park being closed.
Casey Jones, 2130 Mayport Rd, expressed concerns about the need to protect sea turtles, noting that
there is no light ordinance in Atlantic Beach, only a voluntary one. He explained there are fines and jail
time penalties in Jacksonville Beach and Neptune Beach for violations of the light ordinance they have
in place. He expressed concern over a neighbors lighting and believes it has already killed baby sea
turtles. He would like to see a light ordinance implemented. He also gave a handout with photos to the
City Clerk for distribution to the Commission.
Deborah Eisert, 85 lOth St, spoke in reference to the sea turtles. She asked that the voluntary ordinance
be changed to a mandatory lighting ordinance and suggested having a tool to educate homeowners to let
them know why it should be done. She reported there are mandatory ordinances in Jacksonville Beach
and Neptune Beach and explained all three species of sea turtles that lay their eggs in Atlantic Beach are
endangered. She reiterated the need for changes to the ordinance so that sea turtles will have a chance in
Atlantic Beach.
No one else from the audience spoke so Mayor Reeves closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. Public Hearing-16-SFPA-125-Request for plat approval as required by Chapter 24,
Article 4 of the Code of Ordinances at RE# 17214 7-0000 and 172150-0000 (previously
known as 115 and 125 Donner Road).
City Planner Derek Reeves presented a slide show as he explained the request for the plat approval, the
Community Development Board's recommendation and the City Attorney's recommended conditions.
Mayor Reeves asked applicant, Chris Lambertson whether he is in agreement with the conditions. Mr.
Lambertson stated that he is in agreement. He stated the only hiccup they would have is if the City
doesn't get the information back to him, but he will provide everything in a timely manner and is
working on that as we speak.
Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the
public hearing.
Motion: Approve Plat 16-SFPA-125 with conditions that: 1) The Plat be amended prior to
recording to incorporate the correct recording information for Ardella Road road and sewer
easement if a written instrument conveying same to the City can be located subject to the approval
of the City's counsel; 2) If an Ardella Road recorded instrument cannot be located, then CDL no
later than six (6) months from August 8, 2016 will convey and dedicate an easement for roadway
and sewer purposes to the City in such form and pursuant to such survey as the City may
reasonably require, but reserving its interest in the underlying fee simple real property and all
rights of reverter AND without requirement that CDL provide any warranty of title relative to
August 8, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM lA
AUGUST 22, 2016
Page 3
such conveyance or dedication, and within thirty (30) days thereafter the plat will be revised to
incorporate the recording information for such conveyance/dedication, and 3) The Plat, page 1,
note 3 will be amended to incorporate an express reference to the recording Book and Page of the
Ardella Place CCRs as well as an additional restrictions which may be recorded, etc.
Moved by Harding, Seconded by Stinson
Roll Call Votes:
Aye: 4 -Harding, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
B. Public Hearing-16-UBEX-129-Request for a use-by-exception as pe1mitted by Section
24-111(c)(8), to allow a woodworking shop at 33 W 6th Street.
City Planner Derek Reeves presented a slide show as he explained the request for the use-by-exception
and the Community Development Board's recommendation.
Applicant Adam Rowley thanked the Commission for the oppmiunity and wants to continue doing
business in Atlantic Beach.
Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the
public hearing.
Motion: Approve the Use-by-Exception 16-UBEX-129 as read.
Moved by Waters, Seconded by Harding
Roll Call Votes:
Aye: 4 -Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Extend the contract with Moline Electric Motor & Machine, Inc. for Repair of
Electrical Motors & Pumps (Bid No. 1112-08) for one year at the current prices,
term being August 27, 2016 to August 26, 2017.
City Clerk Bartle read the consent agenda.
Mayor Reeves asked if any Commissioner would like to pull the item from the Consent Agenda for
discussion. The item was pulled by Commissioner Stinson.
August 8, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM lA
AUGUST 22, 2016
Page 4
Commissioner Stinson questioned how many bids were received for this service. City Manager Van
Liere explained this is a four-year contract with two one-year extensions. He stated this bid was in 2012
and doesn't recall how many proposers there were. He explained they are our go-to contractor for
servicing our electric pumps, this is our last extension that was in the bid packet that they proposed for,
and we will be rebidding it next year. Commissioner Stinson confirmed with Mr. Van Liere that it had
not been rebidded prior to requesting the extension. Mr. VanLiere confirmed explaining we are doing
the extension partly so we don't have to go through the expense of rebidding. He added, when the
contract was bid in 2012, it was priced with the four plus two in mind.
Motion: Approve Consent Agenda Item A.
Moved by, Waters Seconded by Harding
Mayor Reeves clarified the infmmation explained by the City Manager regarding the duration of the
extension and asked, if a bid has extensions, does purchasing ever go out and ask for courtesy bids to see
if the market has changed. Mr. Van Liere explained they do sometimes, when they feel they have better
pricing, but is not aware of it being done on this bid.
Commissioner Harding questioned the terms that were stated and City Manager Van Liere noted the
original term may have been three years instead of four.
Mr. VanLiere answered Mayor Reeves question about the value of the bid. Mayor Reeves expressed
concerns that the Commission is not being provided with conect information and is not ready to support
the item.
Commissioner Stinson explained that we don't really know what we are buying and we owe it to the
taxpayers to make sure that the money we are spending is for a good value. Commissioner Harding
agreed and believed we should look into the market rates to dete1mine if this bid is in line or if we
should rebid it.
Commissioner Waters commented that pricing was best in 2012 because of the economy and since then
has become more expensive. She believes that we are not likely to beat those 2012 prices in today's
market.
Commissioner Stinson stated he wants to move that we postpone this until the Commission Meeting on
August 22, 2016 and prior to the meeting the City Manager provides us with a copy of the contract
because he hears Commissioner Waters comments about 2012 pricing but we don't know if there is any
escalation factor in there.
Motion: Postpone until August 22, 2016.
Moved by Stinson, Seconded by Harding
Roll Call Votes:
Aye: 4 -Waters, Harding, Stinson, Reeves
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
August 8, 2016 REGULAR COMMISSION MEETING
6. Action on Resolutions
A. Resolution No. 16-04
AGENDA ITEM lA
AUGUST 22, 2016
Page 5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, STATING ITS INTENTION TO COMPLY WITH THE SUPREME COURT
OPINION IN THE CASE OF REED V TOWN OF GILBERT, ARIZ.,-US.-, 135 S. Ct. 2218,
2221, 192 L. Ed. 2d 236 (2015) AND SUSPENDING ENFORCElvfENT OF ALL REGULATIONS
GOVERNING TEMPORARY NON-COMMERCIAL SPEECH AS THOSE REGULATIONS
RELATED TO THE CITY'S SIGN CODE, PROVIDING FOR AN EFFECTIVE DATE.
City Clerk Battle read the Resolution by title. Attorney Flowers explained the Resolution and the
purpose for adopting it.
Motion: Adopt Resolution No. 16-04 as read by title.
Moved by Stinson, Seconded by Waters
Commissioner Stinson explained the reasons why the City is doing this in a two-step process instead of
just going straight to the revision of the ordinance.
Roll Call Votes:
Aye: 4-Harding, Stinson, Waters, Reeves
Nay:
MOTION CARRIED
7. Action on Ordinances
A. ORDINANCE NO. 90-16-225, Public Hearing and First Reading
AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING
AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS
AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE
REPAIR-REA VY, CAR WASHES AND CONVENIENCE FOOD STORES WITH
FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED
COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT
INDUSTRIAL AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA");
PROVIDING PROHIBITION AND SUSPENSION OF ANY SUCH ZONING AND
PERMITTING APPROVAL WITH EXEMPTIONS; PROVIDING THAT SAID
MORATORIUM SHALL BE IN EFFECT UNTIL AUGUST 22, 2017, UNLESS
TERMINATED-BY THE CITY COMMISSION AT AN EARLIER DATE; PROVIDING FOR
LEGISLATIVE FINDINGS, INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS;
PROVIDING FOR ZONING DISTRICTS SUBJECT TO THE MORATORIUM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
City Clerk Battle read the Ordinance by title.
Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the
public hearing.
August 8, 2016 REGULAR COMMISSION MEETING
Motion: Approve Ordinance No. 90-16-225 on first reading.
Moved by Stinson, Seconded by Waters
There was no discussion.
Roll Call Votes:
Aye: 4 -Stinson, Waters, Harding, Reeves
Nay:
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. Discussion on a Tree/Beautification Committee (Mayor Reeves)
AGENDA ITEM lA
AUGUST 22, 2016
Page 6
Mayor Reeves explained the infmmation provided in the packet and his desire for a tree committee that
would try to educate the builders and homeowners and work with planning. City Manager Van Liere
explained that a tree arborist will start at the end of the month. Commissioner Waters spoke about
receiving a lot of feedback fi·om residents who see the value of trees and tree canopy. She believes green
space is an intangible but incredibly impmiant factor in home values in the City as well as quality of life
values. She explained the benefits and the need for tree maintenance and replacement. She expressed
suppmi in having a group that would look holistically at all the green spaces and consider trees as pati of
that and believes there needs to be a discussion about what the role of the committee would be in te1ms
of enforcement and decision-making. Commissioner Stinson asked if the tree committee will only focus
on green spaces within the City or will it also be on residential and commercial. Mayor Reeves
explained he put this item on the agenda because it was recently brought up at a meeting. He stated he is
not in favor of bringing a tree board back but wants to do something to plan where the City is planting
trees. Commissioner Waters spoke about the types of trees that have been planted. She stated a tree
committee can educate and provide resources. City Manager Van Liere explained that the grant that we
have stmis with an inventory of the trees in the City right-of-ways and includes a tree management
program which would recommend placement and types of trees and believes the tree arborist will be
giving us some information. Commissioner Stinson stated when JEA trims trees the damage they do is
ineparable. He inquired if this committee would have any kind of interaction or work to do with JEA to
try to find ways for that not to happen. Commissioner Waters explained why she believed there would
be little room for negotiations with JEA, but suggested advising people where to plant trees to better
avoid JEA's shearings. Mayor Reeves spoke about meetings he had with JEA regarding underground
power lines and believes they are being very open and nice to us. Discussion ensued about whether to
discuss the topic again. Commissioner Waters suggested that the topic come back for discussion to
allow Commission Hill to comment and for citizens to give feedback now that the item has been
explained. Commissioner Stinson inquired if there is enough interest fi·om citizens to serve on a tree
committee because we have a tough time recruiting for some of our other boards and committees.
Mayor Reeves stated that was a good question and believes we need to find out.
The consensus was to put this item on the next meeting agenda for discussion only.
Mayor Reeves asked Attorney Flowers to give a briefing on the injunction filed against the City on the
permit for the tear down of Gate and the lawsuit against the City. Attorney Flowers explained the two
separate actions stating that the injunction challenges the alledged impact on Mr. Adeeb in terms of
potential loss of value of his prope1iy and suggesting that the action was not consistent with the City's
Camp Plan. He repmied there was a preliminary hearing in that case last Friday to essentially set a
hearing with a sufficient amount of time to hear the request for a temporary injunction that has been
August 8, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM lA
AUGUST 22, 2016
Page 7
filed by Mr. Adeeb. At the hearing, Gate was allowed to intervene in the case so that they could come in
and argue their interest in the matter generally and specifically as it relates to the demolition pe1mit that
was authorized by the City for the existing structure. That is what Mr. Adeeb is attempting to stop.
Essentially, the action brought against the City was seeking an injunction to require a stay of the City's
permit for the demolition. Gate agreed as part of the agreement on the other party's part to allow them
to intervene in the case, which they probably would have been able to do anyway, that they would not
initiate any demolition activities until a hearing on August 11, 2016 at 1 :00 P.M. He explained evidence
will be presented as to the claim that there is going to be ineparable harm to Mr. Adeeb if the demolition
goes forward. There are two or three other tests that have to be satisfied in order for a judge to enter a
temporary injunction. He explained that hearing is the next step. Mayor Reeves confirmed that it will
be the same judge handling the whole case. Attomey Flowers confi1med it will. Commissioner Waters
asked for clarification that Mr. Adeeb gave permission for Gate to intervene and that was not something
that was requested by the City. Attomey Flowers answered that was conect.
9. City Manager
A. City Manager's Report.
90-Day Calendar (August 2016 through October 2016).
• Reported that next Monday is the first Budget Workshop followed up with the second one on
August 24, 2016; Both begin at 5:30pm in the Commission Chamber and lasts about 4 hours.
• Reported the Town Hall Meeting has been rescheduled for Saturday, August 27, 2016 for the
Safe Routes to School.
• Reported the Annual Board Reception is scheduled for September 29, 2016 at 6:30p.m. at
Adele Grage Cultural Center.
• Reported there is a Town Hall Meeting tentatively scheduled for 10:00 a.m. on Saturday,
August 13,2016 at the Jordan Center.
• Announced that Mike Jones was recognized as Employee of the Quarter and is well-
deserving of that recognition.
• Explained that Keith Randich researched the Elected Official Email account and found that
one-third of the 21 cities/counties had that kind of an email account where you can send an
email to all elected officials simultaneously. He reported that they looked into the use of that
account and found that we are getting about 15 emails to that email address per week and a
lot of them are duplicate addressees, so the same people that were using it continue to use it
and since the lin1c to that email has been removed no new people are starting to use it. He
explained that emails are not being forwarded to any inbox for that. He stated it doesn't
seem to be that much of an issue with the drops now but you have to be careful about the
conespondence with third-parties getting bounced back.
• Reported that they will be interviewing three Community Development Director applicants
next week and Brenna and Mr. Lindorff has agreed to help with the interviews.
• Thanked Derek Reeves for stepping up noting he is involved in a lot of things.
• Explained that he went over and looked at Aquatic Gardens to check on what the rainstmm
did over there and reported that TriBridge had a very minimal effect on the overflow and the
ditches were working very well. He reported there is money in the budget for a stormwater
master plan update if the budget gets approved and we have additional monies in the
Stmmwater fund for design of a project and for construction for both the Saltair
neighborhood and Aquatic Drive ..
• Explained the City has a Resolution that tells the City Manager to write a letter every April
asking for voluntary compliance with light and restrictions to help with the sea turtles. He
reported that he spoke with the Sea Turtle Patrol and has given copies of ordinances fi:om
August 8, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM lA
AUGUST 22, 2016
Page 8
Jacksonville Beach and Neptune Beach to City Attorney Durden to evaluate if it would be
prudent to adopt a similar version of their ordinances if the Commission wants us to pursue
that.
Mayor Reeves stated he wants to make sure the City Manager and Public Works staff is
looking at Aquatic Gardens. He repmted on a video that was sent to him and believes that the
ditch is not working properly as reported. He expressed concern about the Commission and
the Aquatic Garden residents not being updated on the plans for solutions. He reiterated that
he wants the City Manager and Public Works to get on top of it.
City Manager Van Liere reported that Mr. Jacobovitz went and looked at the ditches in
Neptune Beach today and there is an obstruction that appears to be a logjam in the creek. He
stated we will have to continue to communicate with Neptune Beach about them helping us
try to keep the ditch cleaned out. He also explained why he believes it will take some
engineering to reconstruct the ditches.
Mr. Van Liere answered drainage related questions from Commissioner Waters. She
indicated she would like a diagram so residents can see where the water is supposed to be
going. Mr. Van Liere said it will be done.
Mr. Van Liere and Mayor Reeves explained the purpose of the Saltair meeting being held on
Friday, August 12, 2016 and noted that it is a neighborhood meeting, not a Town Hall
Meeting.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Harding
• Expressed concern about not having an ordinance in place to protect the sea tmtles and would
like it to be addressed.
• In reference to Aquatic Drive, stated that the comments that tax revenue is the most impmtant
factor in determining approvals is not true and that we have not initiated talks with Neptune
Beach and that we just want to lay blame is also not true. He explained we have had open
dialogue with the City of Neptune Beach and they have initiated some activity on their side.
Commissioner Waters
• Explained she would like to attend the Saltair Meeting to hear the concerns of citizens and
their input on solutions explaining that input from citizens is always beneficial.
Commissioner Stinson
• Commented on the Stmmwater system being unable to handle the water that we have to deal
with and explained concerns of citizens not being given an update and that government is
slow, but it does not have to be. He believes the Commission should strive to understand
what staff is doing so that it can be communicated to the citizens.
• Requested to meet with Mr. Jacobovitz regarding Safe Routes to Schools projects.
• Complimented Mr. VanLiere, Mr. Jacobovitz and the staff on the City Hall Beautification.
• Requested an update on the public safety building project regarding cost and timeline.
August 8, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM lA
AUGUST 22, 2016
Page 9
• Suggested having an education session at the hotels for the visitors regarding sea turtles and
also posting infmmation at City Buildings.
Mayor Reeves asked Chief Deal to give a report on the status of Public Safety Building, police
retirements and service awards.
Chief Deal
• Explained that the building is still on track to be done probably by the end of March, maybe
into April and the cost is still on track with the budget.
• Announced Lt. Dale Hatfield's last day is today after 25 years of service.
• Recognized SPO Robbie Harding for celebrating his 30 years of Service with the City last
January.
• Reported that Commander Vic Gualillo recently had his 25 years of service.
Mayor Reeves
• Reported he will attend the Florida League of Cities Conference in Ft. Lauderdale August
17-20, 2016.
• Reported he has been working with the three cities to Paint the Beaches Blue to show their
love and support for law enforcement to be held the week of August 21-27, 2016. He
explained they are inviting residents and businesses to hang flags, or anything blue or use a
blue bulb for porch lighting during that week. He asked the Commission to get involved.
• Reported that Captain Wesley McCall had a Change of Command at Mayport and he will be
missed.
• Reported he will be attending the Chain of Command for the admiral on August 12, 2016.
• Explained that the City works closely with the Sea Turtle Patrol and believes we need to
look into an ordinance for the sea turtles.
Adjournment
There being no further discussion, Mayor Reeves declared the meeting adjourned at 8:26p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Mitchell E. Reeves
Mayor/Presiding Officer
AGENDA ITEM 4A
City of Atlantic Beach AUGUST 22, 2016
FINANCIAL REPORT
July 2016
Cash Balances
Prior Current Dollar Percent
Fund(s) 06/30/16 07/31/16 Change Change
General $ 7,526,251 $ 7,550,158 $ 23,908 0.32%
Tree Replacement 26,470 27,792 1,322 5.00%
Convention Development Tax 119,923 112,006 (7,917) -6.60%
Local Option Gas Tax 371,965 198,448 (173,517) -46.65%
Better Jax 1/2 Cent Sales Tax 670,696 612,051 (58,645) -8.74%
Police Training, Forfeiture, Grants, etc. 136,097 129,703 (6,394) -4.70%
Capital Projects 3,740,460 3,360,257 (380,203) -10.16%
Utility 6,777,992 7,003,452 225,460 3.33%
Sanitation 588,302 684,554 96,252 16.36%
Building Code Enforcement 472,489 480,734 8,245 1.75%
Storm Water 1,819,856 1,838,468 18,612 1.02%
Pension -Police 160,203 174,005 13,802 0.00%
Pension -General 102,368 121,205 18,837 18.40%
Total $ 22,513,074 $ 22,292,834 $ (220,239) -0.98%
Total Restricted Cash 7,281,179
Total Unrestricted Cash $15,011,655
Cash and Investments
Prior Current Dollar Percent
Account 06/30/16 07/31/16 Change Change
Bank of America-Depository $ 6,520,084 $ 6,234,680 $ (285,404) -4.38%
Delaware Limited-Term Diversified Inc A 2,543,334 2,552,832 9,498 0.37%
Global X Gold Explorers ETF 4,227,101 4,264,121 37,020 0.88%
lnvesco Floating Rate A 743,204 756,274 13,070 1.76%
Voya Short Term Bond Fund Class A 4,213,851 4,219,344 5,492 0.13%
MSSB Money MarkeUCash 4,239,456 4,239,528 72 0.00%
SBA-Florida Prime 22,893 22,905 12 0.05%
Cash on Hand 3,150 3,150 0.00%
Subtotal $ 22,513,074 $ 22,292,834 $ (220,240) -0.98%
Police Pension Investments $ 9,021,261 $ 9,029,470 $ 8,210 0.09%
General Pension Investments 15,819,253 15,820,058 805 0.01%
Subtotal $ 24,840,513 $ 24,849,528 $ 9,015 0.04%
Total $ 47,353,586 $ 47,142,362 $ (211,225) -0.45%
AGENDA ITEM 4A
City of Atlantic Beach AUGUST 22,2016
FINANCIAL REPORT
July 2016
Revenues
Annual YTD YTD Dollar
Fund I (Footnote) Estimate Estimate Actual Variance
General $ 11,762,799 $ 9,801,980 $ 10,639,355 $ 837,375
Convention Development Tax 96,307 80,240 88,238 7,998
Local Option Gas Tax 461,611 384,670 386,149 1,479
Better Jax 1/2 Ct Sales Tax 790,128 658,430 663,064 4,634
Police Training, Forfeiture & Grants 89,150 82,496 80,522 (1,974)
Grants -CDBG 650,000 541,660 79,144 (462,516)
Capital Projects 855,000 1,057,660 1,224,239 166,579
Utility 8,335,711 6,946,290 7,289,845 343,555
Sanitation 1,840,330 1,533,590 1,617,474 83,884
Building Code Enforcement 439,134 365,910 418,877 52,967
Storm Water 875,708 729,750 773,421 43,671
Pension -Police 1,530,544 1,275,440 1,214,303 (61 '137)
Pension -General 2,336,217 1,946,840 2,031,870 85,030
Total $ 30,062,639 $ 25,404,956 $ 26,506,501 $ 1,101,545
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 $837,375. 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 $462,516, Grant revenue is reimbursement
based, reimbursements #2 and #3 were submitted in July.
Capital Project Fund reflected a positive variance of $166,579. This variance is a result of
a mid year budget modification and subsequent transfer of funding to the Public Safety
Building Project.
Utility Fund reflected a positive variance of $343,555. Majority of this variance is system
development charges equaling $374,311 year to date, compared to an adjusted budget
equaling $100,040.
Percent
Variance
8.54%
9.97%
0.38%
0.70%
-2.39%
-85.39%
15.75%
4.95%
5.47%
14.48%
5.98%
-4.79%
4.37%
4.34%
AGENDA ITEM 4A
AUGUST 22, 2016
City of Atlantic Beach
FINANCIAL REPORT
July 2016
Expenses
Annual YTD YTD Dollar Percent
Department Estimate Estimate Actual Variance Variance
Governing Body $ 40,384 $ 33,620 $ 36,329 $ (2,709) -8.06%
City Administration 2,418,498 2,157,580 2,010,951 146,629 6.80%
General Government 5,115,740 5,454,031 2,039,313 3,414,718 62.61%
Planning and Building 1,337,724 1 '193,934 747,840 446,094 37.36%
Public Safety 5,813,259 4,884,306 4,403,948 480,358 9.83%
Recreation and Beautification 1,286,900 1,252,932 1 '125,528 127,404 10.17%
Public Works 5,368,085 4,616,310 3,472,135 1,144,175 24.79%
Public Utilities 10,070,138 8,556,580 6,068,508 2,488,072 29.08%
Pension -Police 621,607 517,950 503,947 14,003 2.70%
Pension -General 986,941 822,420 1 '1 03,528 (281,108) -34.18%
Total $ 33,059,276 $ 29,489,663 $ 21,512,027 $ 7,977,636 27.05%
Annual YTD YTD Dollar Percent
Resource Allocation Estimate Estimate Actual Variance Variance
Personnel Services $ 10,198,510 $ 8,434,567 $ 7,815,170 $ 619,397 7.34%
Operating Expenses 11,089,341 9,630,055 8,036,861 1,593,194 16.54%
Capital Outlay 8,159,330 7,839,761 1,742,305 6,097,456 77.78%
Debt Service 1 ,964,401 1,636,960 1,964,401 (327,441) -20.00%
Grants and Aids 36,820 30,670 35,590 (4,920) -16.04%
Transfers 1,610,874 1,917,650 1,917,700 {50} 0.00%
Total $ 33,059,276 $ 29,489,663 $ 21,512,027 $ 7,977,636 27.05%
Analysis of Major Variances
In general, the major variances are a result of timing differences created between the percentage of budget elapsed-to-date and actual
expenditures. Highlighted variance explanations follow:
General Government had a positive variance of $3,414,718. 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 $446,094. 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 $480,358. 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 $1,144,175. 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 $2,488,072 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 $281,108 variance for the period. In October, a large payout of $207,381.11 was made to a
former employee's beneficiary.
Operating Expenses had a positive variance of $1,593,194. 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 $6,097,456. 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 $327,441; 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 AUGUST 22, 2016
July 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 $ 5,725 $ 165,611 I
DONNER PK PLAYGRND LIGHTS PM1503 6,500 6,146 354 E
BULL PK PLAYGRND EQUIPMT PM1504 35,000 5,300 10,739 18,961 I
DUTTON ISLE RD IMPROVMENT PM1505 25,000 7,386 17,234 380 E
NEW POLICE BLDG-DES/CONST PS1501 3,601,967 342,026 3,259,941
SAL TAIR/STURDIVAN 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 36,537 7,893 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 540,000 230,902 228,758 80,340
Subtotal $4,884,676 $ 691,786 $ 3,570,318 $ 622,572
Planing, Zoning & Building
FRANCIS AVE DRAINAGE IMPR PW1502 650,000 207,772 430,325 11,903
Subtotal $ 650,000 $ 207,772 $ 430,325 $ 11,903
Public Works:
SEMINOLE STREET SCAPE 1 PW1407 $ 13,487 $ 12,807 $ 680 $ 0 D
SALTAIR DRAINAGE UPGRADE PW1411 61,707 4,000 (2) 57,709 I
SE SEMINOLE RD DRAIN IMPR PW1412 650,000 650,000 D
Subtotal $ 725,194 $ 16,807 $ 678 $ 707,709
Public Utilities:
INLINE VALVE INSTALLATION PU1404 $ 16,355 $ 16,253 $ $ 102 D
EFFLUENT OUTFALL REPLCMT PU1408 2,625 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 559,404 64 532,764 26,577 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 31,856 15,591 A
CHLORINE AUTO CONTROL VAL PU1603 31,000 2,476 23,441 5,083 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
PHORPHOROUSTREATMENTFAC 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 27,373 230 27,142 1 A
REPLACE EFF PUMP #2 PU1614 42,627 575 0 42,052 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 $ 2,446,316 $ 211,671 $ 666,881 $ 1,567,764
Total $8,706,186 $ 1,128,036 $ 4,668,202 $ 2,909,949
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
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM 4B
AUGUST 22, 2016
AGENDA ITEM: Contrac t for La nd sca pe Main te nance at the Following Location s:
Atl antic Blvd . Medians, Town Ce nter, Mayport Rd . Flyovcr Areas , May port Rd .
Medians and City Parks/Commo n Areas. City Bid #1516-14 .
Donald D. Jacobovit z, ~~w SUBMITTED BY:
DATE:
Public Work s Director / (
Augu st 4, 20 16
BACKGROUND: On July 27, 20 16 bid s were received for the Co ntract for Landscape Maintenance
tor Public Works. Five firms attended the mandatory pre-bid meeting held on
July 14 , 2016. Four firm s s ubmitted bid s as fo ll ows:
TOTAL ANNUAL COST: BrightVicw C had Brock
Land sca pe Enterprises
Gra nd Total for All Locati ons $130,548.00 $127,080.00
Added Alternate #I: Ma intenance N/A $6,000.00 of Jasmine Street Ponds (2) Area
Added Alternate #2: Flea N/A $1,800.00 Treatment of the AB Dog Park
Added Alternate #3: Maintain 11
Medians on Mayport Rd. for COJ N/A $16,000.00
(notth of Dutton Island Rd.)
BUDGET: Fund s are budgeted as follows :
00 1-5002-5 41 -3400 $ 26,896.00
001-5002-541-3402 $ 14,520.00
001-5002-54 1-3 40 3 $ 17,690.00
001-6020-572-3400 $ 66,000 .00
$125,106.00
Grass Root s R&D
Southern La nd scap in g
Living & Irrigation
$184,000.00 $119 ,8 41.00
$2,000 .00 $4,410.00
$1,440.00 $540.00
$2,000.00 $17,628.00
RECOMMENDATION: Award th e contract including Added Alternates #I and #2 to the low
bidder, R&D Land sca ping & Inigation , (the current contractor who
provides these services), for an ann ual total of$124,79 1.00. Allow the
C ity of Jacksonville to piggyback on the co nt ract for Add ed Alternate #3.
ATTACHMENTS: Bid Tabu lation Sheet
Bids are on file with the Cit y Clerk
REVIEWED BY CITY MANAGER:_~--"'-.... ./'-~"-'<1......,._.,::L..-..,~o::z;:::..l""""~'-e~---------
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM 4C
AUGUST 22,2016
AGENDA ITEM: Extension of Annual Contract for City Bid No. 1112-08:
Repair of Electrical Motors & Pumps
SUBMITTED BY: Donald D. Jacobovitz, P.E.
Director of Public Works
DATE: August 11, 2016
BACKGROUND: The City of Atlantic Beach requires the services of qualified
technicians to troubleshoot, repair and install electrical motors,
pumps or other equipment. The current contract for these services
under Bid No. 1112-08 expires August 26, 2016. The contractor,
Moline Electric Motor & Machine, Inc. has agreed to renew the
contract for the second of two possible renewals at the current
prices. Additional information is attached that was requested at the
August 8, 2016 Commission Meeting.
RECOMMENDATION: Extend the contract for one year at the current prices, term being
August 27, 2016 to August 26, 2017.
BUDGET: A total of$75,000 was budgeted in FY1516 in the water and sewer
funds under account numbers:
ATTACHMENTS:
400-5502-533-3400 ($30,000)
410-5506-535-3400 ($15,000)
410-5508-535-3400 ($30,000)
Letter from Moline Electric Motor & Machine, Inc. agreeing to the
extension of the contract.
August 15, 2012 StaffReport, Repair of Electric Motors and
Pumps, Bid No. 1112-08.
Invitation to Bid and Contract Documents for Repair of Electric
Motors and Pumps, Bid No. 1112-08.
August 5, 2015 StaffReport, Extension of Annual Contract for
City Bid No. 1112-08, Repair of Electric Motors and Pumps,
'
APPROVED BY CITY MANAGER: __ :---h~~-_..U~~~::::....::...L~dc~t'Ld.-f.....:::.....-4---------
CITY OF ATLANTIC BEACH, FLORIDA
INVITATION TO BlD
AGENDA ITEM 4C
AUGUST 22, 2016
Repair of Electrical Motors (Single and Three-Phase) and Pumps (Water and Sewer),
Valves nnd MechanicAl Repairs to Various Compo nents of the Water and Sewer Treatment
Plants and Lift Stations
Notice is hereby given that the City of Atlantic Beach , Florida, will receive sca led bids, submitted, in
triplicftte, at the Office of the Purcha sing Age nt, Ci ty Hall, 800 Seminole Road , Atlantic Beach,
Florida, 32233, until2:45 p.m., Wedne sday, August 8, 2012, for Repair of Elect rical Motors and
Pumps. Thereafter, at 3:00p.m., the bids wi ll be opened in the City Hall Commission Chambers,
800 Semi nole Road .
Bids shall be enclosed in an envelope endorsed "BID NO . 1112-08 -REPAIR OF ELECTR ICAL
MOTORS AND PUMPS . TO BE OPENED AT 3:00PM, AUGUST 8, 2012.''
Specifications will be open to public inspection, and bidders may obtain comp lete sets of Biddin g
Documents by visiting the City's site at www.coab .us /bids . You may also contact the Purchasing
Agent, Patty Drake at pdrake@coab.us or (904) 247-5880.
Documents required to be submitted in bid package at bid opening:
I. Bids submitted in triplicate.
2. Insurance Certific ates naming the City of Atlantic Beach as Certificate Holder , s howin g the
bidder ha s obta in ed and will continue to carry Workers ' Compensation, public and private
liability, and property damage in surance during the life of the contract.
3. Three (3) references from companies or individuals other than the City of Atlantic Beach for
whom the bidder has completed work during the past twe lve ( 12) month s, of a comparable
size and nature as this project.
4. Proof of Business Tax Receipt (copies are acceptable).
5. Documentation of ten (I 0) years expc1icnce on electrical motor rewinding and electtieal
equipment and pump repair.
6. Sworn Statement on Public Entity Crime s
7. Drug Free Workplace Ccrtitication
8. Documentation of receipt of any addenda
9. Request fo•· Taxpayer Identification Number and Certification, Fonn W-9 .
I 0. Signed copy of Documents Requirements Check li st, included as part of the Instructions to
Bidders .
Bid prices must remain va lid for ninety (90) days after public opening ofbids. Goods and services
proposed shall mee t all req uirements of the Ordin ances of the City of Atlantic Beach .
The City of Atlantic Beach reserves the ri ght to reject any or aJI bids or parts of bids, waive
informalities and technicalities , make award in whole or in part with or without cause, and to make
the award in what is deemed to be in the best interest of the City of Atlantic Beach.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
lTB-1
AGENDA ITEM 4C
AUGUST 22,2016
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may
not be awarded or pe1form work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, fora pe1iod of thirty-six (36)months from the date of
being placed on the convicted vendor list. (Section 287.133(2)(a), FLORIDA STATUTES).
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on
a contract to provide goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact business with
any public entity. (HB 2127).
Patricia Drake
Purchasing Agent
ITB-2
City of Atlantic Beach, Office of the Purchasing Agent
800 Seminole Road
Atlantic Beach, FL 32233
(904) 24 7-5880
AGENDA ITEM 4C
AUGUST 22, 2016
Bid Number: 1112-08
I. CONTRACT: Repair of Electrical Motors (Single and Three-Phase) and Pumps
(Water and Sewer), Valves and Mechanical Repairs to Various Components of the
Water and Sewer Treatment Plants and Lift Stations.
A. Resulting Contract
It is the intention of the City of Atlantic Beach to retain one contractor for repair of
electrical motors (single and three-phase) and pumps (water and sewer), valves and
mechanical repairs to various components of the water and sewer treatment plants and lift
stations.
Any agreement or contract resulting from acceptance of a bid shall be on fonns either
supplied by or approved by the City and shall contain, at a minimum, applicable
provisions of the request for bid. The City reserves the right to reject any agreement
which does not confonn to the Request for Bid and any City requirements for agreements
and contracts.
B. Renegotiation
During the contract period, the City reserves the right to restate and/or renegotiate with
the Electrical Motors and Pumps Repair Contractor such additions, deletions or changes
to the contract as may be necessitated by Jaw or changed circumstances. In the event that
the City and the Contractor cannot come to a mutual agreement and negotiation on any
such addition, deletion, or change, that portion of the contract conceming the setvices in
the addition, deletion, or change shall be tetminated.
C. Contractor Contract Perfmmance
Dming the contract petiod, the Public Utilities Director or his/her designee shall assess
the Electrical Motors and Pumps Repair Contractor's performance on the contract and
reserves the right to inspect the Contractor's work, materials, and methods during any
specific project. In the event of a breach of the contract by the Contractor or
unsatisfactory performance as assessed by the Public Utilities Director, or if the
Contractor perfonns in a manner that precludes the City from administering its functions
in an effective and efficient manner, and if, after thirty (30) days following wtitten notice
to the Contractor, the City will be authorized to cancel the contract, thereafter resetving
the right to proceed against the Contractor for any and all damages permitted by Jaw
arising from said breach. The Contractor shall not be held responsible for any failure
determined to the satisfaction of the Public Utilities Director to be due to any action or
inaction on the part of the City.
D. Tax Identification Number
Bidder must submit Federal Employer ID Number on a W-9 form. The City's Federal
Employer ID Number is 59-60000267.
1
CONTRACT:
AGENDA ITEM 4C
AUGUST 22, 2016
Repair of Electrical Motors (Single and Three Phase) and Pumps (Water and Sewer),
Valves and Mechanical Repairs to Various Components ofthe Water and Sewer Treatment
Plants and Lift Stations.
II. BID SCOPE
A. Intent and Duration
It is the intent of the City to select one Electtical Motors and Pumps Repair Contractor to
provide the repair work needed at the City's water and sewer treatment plants and lift
stations. The objectives are to obtain the best repair services while minimizing cost to the
City. All work shall be perfmmed and supervised by an electrical motor shop foreman in
conjunction with the applicable qualifications outlined by the American Society of
Mechanical Engineers (ASME) and the American Society of Electrical Engineers
(ASEE).
The period of the contract for electrical repair services shall commence within thirty (30)
days of selection of the Elecbical Motors and Pumps Repair Contractor and shall
terminate on three (3) years after the date of commencement. The City reserves the right
to renew the contract for two (2) additional one ( l )-year periods pending a mutual
agreement between the City and the Contractor, and a review of contract performance for
the previous year.
Prices, tetms, and conditions shall remain fitm through this contract period unless
modified or canceled in accordance with the provisions of the bid. Bids shall be received
until 2:45 p.m. on Wednesday, August 8, 2012 at the office of the Purchasing Agent, 800
Seminole Road, Atlantic Beach, Florida 32233.
B. Bid Forms
Bids are to the submitted on the attached Bid Summary Form or copies thereof. Bids will
not be considered unless they are submitted on this form.
l. It shall be assumed that electrical motors and pumps repair services which are offered
meet or exceed the requirements as stated in the accompanying specifications. The
Bid Invitation presents the City's requirements under proposed methods of operation.
Responses to this request should address these requirements.
2. All work and materials shall be done in conformity with the American Society of
Mechanical Engineers (ASME) and the Ametican Society of Electrical Engineers
(ASEE).
C. Minimum Qualifications
A pump and electrical motor shop repair facility submitting a bid must be able to:
I. Provide a copy of Duval County business tax receipt and any certifications by ASME,
ASEE, or appropriate agency.
2
AGENDA ITEM 4C
AUGUST 22, 2016
2. Demonstrate experience in rebuilding motors up to two hundred fifty (250)
horsepower, including rewinding and surge testing on site.
3. Provide on-site working facilities and equipment for any pump, valve, and machinety
repair.
4. Provide adequate inventory of motor and pump parts and spare units available,
including a one hundred fifty ( 150)-ton or larger hydraulic press and a gap lathe
capable of tuming thirty-six inches (36") in diameter on site.
5. Demonstrate a minimum of ten (10) years expetience on electlical motor rewinding
and electrical motor equipment repair and pump repair.
6. Provide twenty-four (24)-hour, seven (7)-day emergency response. Repair any
damaged equipment or replace in an emergency situation within eight (8) working
hours.
7. Respond and remove damaged equipment within two (2) working days.
D. Volume of Work
No warranty or guarantee is given or implied as to the types, quantities or location of
setvices that will actually be required.
E. A ward Criteria
The bid will be based on an hourly rate for labor and costs of materials for any repair
work. Cost of materials will be proven by submittal of supply invoices [in amounts that
exceed two hundred fifty dollars ($250.00) showing Contractor's mark-up].
III.GENERAL REQUIREMENTS
The City intends to apply vety sttict requirements for timely and accurate work and more
specific requirements as will be necessary.
A. The City's Right to Use Other Electrical Motor Repair Contractors
The City resetVes the right to provide for additional seiVices from other electrical motor
and pump repair or other type conu·actors, if the City so deems necessary. If the City
elects to exercise this right, the ccinu·act covered by the bid shall remain in effect as
regards to all terms, agreements and conditions without penalty or diminution of ongoing
point repair setvices as contained therein and previously provided by the successful
Conu·actor in this bid.
B. Payment for SetVices
Payment will be for hourly rate for labor plus costs of materials, including mark-up for
overhead and profit. Contractor's invoice will include itemized description of hours
worked, list and costs of materials, a subtotal prior to mark-up, and a final total with
mark-up for overhead and profit. The total amount of an invoice shall be paid within
fourteen ( 14) days of receipt.
3
C. Notification of Project
AGENDA ITEM 4t
AUGUST 22, 2016
Subsequent to notification of a project, the Contractor shall commence work within five
(5) working days. If an emergency condition exists, the Contractor shall respond as
quickly as reasonably possible, but no later than two (2) hours.
D. Perfonn Work in a Timely Manner
Contractor shall only charge for time spent on productive work for the authorized repair.
4
AGENDA ITEM:
CrTY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
16-SAFW-133
AGENDA ITEM SA
AUGUST 22, 2016
Reque st f ()J' a waiver as perm itted by Section 24-4 6(d) to waive the
prohibition of body artists within the Commercia l Genera l zoning d istrict
as required by Scctio n 24-lll (b) at Sa lt air Section 3, Lot s 810 to 8 16 and
838 to 840 (aka 469 Atlantic Bo ul evard, Uni t II).
SUBMITTED BY: Derek W. Reeve s, Plann er / ,4--
DATE: Au gust 4, 2016
STRA TEGTC PLAN LINK: None
BACI<GROUND: The appli ca nts are Georgina and j ohn Salzer who own a nd op e rate Pure Im agination.
The business will offer body piercing services and sell associa ted jewelry as well as literary journa ls,
bo o ks from local a uthors and art from loca l artists. Th ey wi ll a lso h os t lite rary events including book
s ignings, issue release celebrations and sma ll group wri ting workshops in the gallery s pace. Th e
business is to be located within an ex isting s hoppin g center at 469 Atla ntic Boulevard, Uni t 11 in th e
Comme rcia l General (CG) zo ning distri ct.
A waiver is required for the body pier cing services portion ofth e b us in ess. Section 24-111 (b), whi ch
is lists the p e rmitted uses in the CG zoni ng di s trict, states in part, "Permitted us es sha ll also not
include ... tattoo or body artists ... " This specific prohibiti on means a us e-by-exc e ption is not possibl e
a nd the prohibition must be waived by the City Comm ission. This code provis io n was added in 2010
as part of a large r code update.
If this waiver is a pproved, it will a lso require the Commissio n to app rov e t he body pi ercing use und e r
Secti on 20-5 9 where, ''body piercing/tattoo artist'' is listed under th e heading, ''Commiss ion approval
will be required before busin ess tax rece ipts will be issu ed for the following businesses, and business
taxes shall be as follows:".
Possible co nditions that th e Commission may co nsider a re: 1.) That the business re main in
comp liance with Chapter 64E-19 of th e Florida Administrative Code; 2.) That the wa ive r is gran t ed to
the appli cant only and s hall not run with th e title t o the property. Numb e r one wi ll require the
business to operate at s tate s tanda rds. Numb e r two will make the waiver consistent with the
regulations of a use-by-exception.
BUDGET: None.
RECOMMENDATION: To get Commission consens us to move item 16-S!\FW-133 forward to a
Publi c Hearin g on September 12, 20 16 .
ATTACHMENTS: Co py of 16-S!\FW-133 app li cat ion.
REVIEWED BY CJTY MANAGER: -~--=-4-4'--=?___,4-ff.:z:....:::...L-4:0Ac:wo~:::....-.,c./ _________ _
AGENDA ITEM SA
AUGUST 22, 2016
Georgina ("Georgie") Salzer has resided in the Beaches area since 2009 and, specifically,
in Atlantic Beach since 2011. She has an extensive background in business
management-including her time as Store Managet' of the Neptune Beach Starbucks-
and currently works in Prospect Research at the University of North Florida. She is a
graduate student, studying English Rhetoric and Composition, in the English Department
at UNF. Georgie acts as graduate advisor for UNF's literary journal, Talon Review, and
is also a writer and editor. She is a member of the Florida Environmental Health
Association (FEHA) and has current Blood Borne Pathogens certification by the state of
Florida.
John ("Jon") Salzer is a Jacksonville native and, though he loves to travel, plans to
always call Jacksonville his home. He is an experienced and passionate body piercer and
quality-jewelry advocate. Jon began his body piercing apprenticeship in September 2008,
and directly followed his apprenticeship with the Head Body Piercer position at Todd
Lake Tattoo Studio in February 2009. In May 2010, he moved to Cani.bbean Connection
in Jacksonville Beach, and stayed there until Febmary 2015, when he was offered a
position at East Coast Worldwide, also in Jacksonville Beach. Jon left East Coast
Worldwide in March 2016, detetmined to open up his own studio that could support his
passions (body piercing and body jewelry) and also allow him to maintain his high ethical
ideals and commitment to ensuring customers have the absolute best experience in the
studio, while providing strict enforcement of health codes and sanitation standards.
In addition to his apprenticeship, Jon stays current on continuing education by attending
classes such as Microdermal training in New Jersey and the Fakir Intensive in San
Francisco. He is also a member of the Association of Professional Piercers, an
"international non-profit organization dedicated to the dissemination of vital health and
safety information about body piercing to piercers, health care professionals, legislators,
and the general public" (www.safepiercing.org), and the Florida Environmental Health
Association (www.FEHA.org), whose mission it is to, "promote and protect the health of
the people in Florida by strengthening the knowledge and standards of environmental
public health professionals. This mission will be achieved by maintaining standards of
conduct, providing a certification process that includes educational standards and
professional development, applying and promoting scientific principles, communicating
with the membership and districts, and promoting the profession through publications,
training, and liaisons with other associations." Jon has maintained, and is current with,
his Blood Borne Pathogens certification by the state of Florida since 2008 and is also
certified in CPR and First Aid Training.
Jon and Georgie have been married since September 2011 and bought their home in
Atlantic Beach in October of the same year. They are often out-and-about at the beaches
and can typically be found on their bikes or at Bull Park with their one-and-a-half year
old son.
AGENDA ITEM 88
AUGUST 22, 2016
AGENDA ITEM: Commission Direct Reports Contract Approval Process
To view documents associated with this agenda item, please click this linlc.
ORDINANCE NUMBER 95-10-101
AGENDA ITEM SC
AUGUST 22, 2016
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ARTICLE III, WITHIN
CHAPTER 23 OF THE CODE OF ORDINANCES, SAID CHAPTER
ENTITLED "PROTECTION OF TREES AND NATIVE VEGETATION" AND
REPLACING IT WITH THE AMENDED ARTICLE III AS SET FORTH
WITHIN EXHIBIT A, WHICH IS ATTACHED TO AND MADE PART OF
THIS ORDINANCE; SAID AMENDMENTS REVISING PROCEDURAL
REQUIREMENTS FOR THE ISSUANCE OF A TREE REMOVAL PERMIT,
ALSO PROVIDING LEGISLATIVE FINDINGS AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
RECITALS
WHEREAS, Chapter 23 of the City Code, "Protection of Trees and Native Vegetation" was
substantively re-written and re-adopted on January 12, 2009 by Ordinance 95-09-98, and the
Legislative Findings as stated within said Ordinance are re-affirmed and adopted by reference as part
of this Ordinance, and
WHEREAS, it is in the public interest of property owners and permit applicants within the
City of Atlantic Beach to be provided with the most efficient and timely process possible to obtain a
Tree Removal Permit, which confirms compliance with the provisions of this Ordinance, and
WHEREAS, revisions and procedures set forth within Article III of Ordinance 95-09-98,
and implemented during the previous year have provided concise standards a clear administrative
process for reviewing most applications for and issuance of a Tree Removal Permit, which does not
require review at a public hearing by the Tree Conservation Board in order for qualified professional
staff with specific expertise and education to determine compliance with these regulations, and
WHEREAS, it is also in the best economic interest of the City to expedite issuance of all
Tree Removal permit where it is demonstrated that the application for such permit is in full
compliance with the provisions and requirements of this Ordinance, and
WHEREAS, dissolution of the Tree Conservation Board is appropriate at this time
recognizing the service this Board has provided to the City, with future issuance of all Tree Removal
Permits to be administered as set forth herein, and
WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for
the City of Atlantic Beach on February 22, 2010.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Recitals as set forth above are hereby adopted as legislative findings in
support of this Ordinance.
SECTION 2. The provisions as set forth within attached EXHIBIT A shall be incorporated
into the Code of Ordinances for the City of Atlantic Beach, Florida as Article III of Chapter 23
entitled "Tree and Vegetation Regulations." Exhibit A shall replace in its entirety previously
adopted Article III of Chapter 23.
Page I of2 Ordinance 95-I 0-I 0 I
AGENDA ITEM 8C
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
ARTICLE III. TREE AND VEGETATION REGULATIONS
DIVISION 1. IN GENERAL.
Sec. 23-11. Scope. The provisions of this Chapter shall be administered as set forth within this Chapter.
Administrative procedures, authorities and responsibilities of the City Commission and the Administrator
are set forth herein.
DIVISION 2. ADMINISTRATION.
Sec. 23-12. City Commission. The City Commission shall have the following authorities and
responsibilities:
(a) To establish fees and fines related to the administrative costs of carrying out the requirements of
this Chapter.
(b) To establish a Tree Conservation Trust Fund to collect and disburse monies for the purpose of
growing and maintaining the City's Community Forest.
(c) To amend this Chapter as may be needed to accomplish the stated Purpose and Intent of this
Chapter.
(d) To hear and decide appeals where it is alleged there is an error in any order, requirement or decision
made by the Administrator in the implementation of this Chapter.
Sec. 23-13. Administrator. The Administrator shall have the following authorities and responsibilities:
(a) To accomplish all administrative actions required by this Chapter, including issuance of proper
notices; receipt and review of applications; issuance of tree and vegetation removal permits; receipt
and processing of appeals and any stop work orders.
(b) To maintain all records relating to this Chapter and its administration.
(c) To provide written instructions to applicants related to the required process for applications as
required by this Chapter.
(d) To receive, process and make administrative determinations on all applications for tree and
vegetation removal permits as set forth in Section 23-23.
(e) To refer applications for tree and vegetation removal to other departments and agencies for
comment, as set forth in Section 23-23, as may be needed.
(f) To conduct field inspections as needed to make determinations related to tree and vegetation
protection or removal.
(g) To review preliminary development plans, applications for certain building permits, including site
and lot plans with appropriate City staff, to determine whether proposed construction, alterations,
repair or enlargement of a structure is in compliance with the provisions of this Chapter.
(h) To recommend to the City Commission projects consistent with the purpose and intent of this
Chapter, with a written statement outlining the costs and benefits of such projects.
(i) To recommend to the City Commission amendments consistent with the implementation of the
purpose and intent of this Chapter, with a written statement outlining the need for such changes.
Sec. 23-14. Tree Conservation Trust Fund.
AGENDA ITEM 8C
AUGUST 22,2016
EXHIBIT A to Ordinance 95-10-101
(a) Establishment of Trust Fund. The City Commission hereby recognizes and reaffirms the prior
establishment of the Tree Conservation Trust Fund ("Tree Fund") for the purposes of accepting and
disbursing monies paid to the City as part of tree mitigation and any other funds deposited with the
City for the purpose of tree and vegetation conservation and protection. This fund shall be used
solely for the planting of trees, the protection and conservation of existing trees where appropriate,
or the re-establishment of vegetative resources in the City and any other ancillary costs associated
with such activities, provided that such ancillary costs shall not exceed twenty (20) percent of the
cost of the particular project.
(b) Terms of existence. The Tree Fund shall be self-perpetuating from year to year unless specifically
terminated by the City Commission.
(c) Tree Fund assets. All funds received shall be placed in trust for and inure to the public use and
environmental benefit of the City. Said funds shall be used and distributed as designated by the
City Commission.
(d) Tree Fund administration.
(I) Trust funds shall be used only for the purposes designated by the City in accordance with the
intent of this Chapter and the applicable Goals, Objectives and Policies as set forth within the
Comprehensive Plan.
(2) All mitigation funds collected pursuant to this Chapter shall be deposited in the Tree Fund,
which shall be a separate account established and maintained apart from the general revenue
fund of the City.
(e) Disbursal of Tree Conservation Trust Fund assets.
(I) Expenditures for projects funded by the Tree Conservation Trust Fund shall be made in
accordance with the established purchasing procedures of the City.
(2) Priority shall be given to the use of funds for projects that plant or replace trees or vegetation
along public right-of-ways or on properties and lands in public use that will provide needed
shade, aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and
along public roadways.
Secondarily, funds may be used for purchase of landscape materials or equipment necessary
and proper for the preservation, maintenance, relocation or restoration of trees and ecosystems
on any public land in the City, or for the funding of community educational programs which
promote, enhance or implement the goals and objectives established in this Chapter.
Sec. 23-15 through 23-20. Reserved.
DIVISION 3. PERMITS.
Sec. 23-21. Permits required by this Chapter. Unless specifically exempted within following
Section 23-22, permits are required for removal of trees on all lands and in connection with all
development, construction or clearing activities within the City of Atlantic Beach, which shall include the
following:
(a) New development on any previously undeveloped lands, or redevelopment on any vacant land
where structures may have been fully or partially cleared.
(b) Major development on all existing developed sites having any structure or vehicle use areas where
additions, renovations, upgrades or site changes are intended or anticipated within a one year period
2
AGENDA ITEM BC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
of time when any such activity is valued at ten thousand dollars ($10,000.00) or more. Where value
is in question, determination shall be made by the Building Official.
(c) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, regardless of
whether any future development is intended or anticipated; it being the intent of the City that no
parcel, site or lands be indiscriminately or unnecessarily cleared of regulated trees and regulated
vegetation unless mitigation or replacement as required by this Chapter is provided.
Sec. 23-22. Exemptions from the requirement for a permit.
The following activities shall be exempt from the requirements to apply for and receive a tree or vegetation
removal permit, except that none of these exemptions shall be construed to apply to any coastal dune
vegetation seaward of the Coastal Construction Control Line or to heritage trees. Such vegetation and trees
shall be fully subject to the provisions of this Chapter and any State permitting requirements applying to the
coastal zone. All other development activity as described in preceding Section 23-21 involving the
removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit.
The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption. The
Administrator may require consultation with or documentation from a Certified Arborist or other qualified
professional to verifY certain conditions.
(a) No development activity or minor development activity on previously developed sites. Minor
development activity involves any new construction, exterior additions, renovations or upgrades
that are valued at less than ten thousand dollars ($10,000.00.) For the purpose of determining
whether this exemption does or does not apply, the Administrator shall consider the cumulative
valuation of all permits issued six (6) months prior and six (6) months subsequent to the tree
removal. If such permits collectively exceed the stated threshold, an after-the-fact permit and
mitigation shall be required.
(b) Emergency situation. The removal of trees destroyed or severely damaged during or immediately
following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other act of nature)
shall be granted an exemption when the Administrator determines that permitting requirements will
hamper private or public work to restore order to the City.
(c) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and
general welfare shall be granted an exemption upon inspection and determination by the
Administrator that immediate removal without delay is required.
(d) Diseased or pest-infested Trees. The removal of diseased or pest-infested trees shall be granted
an exemption upon inspection and determination by the Administrator that removal is needed for
the purpose of preventing the spread of disease or pests.
(e) Noxious invasive Trees. The removal of invasive or nuisance trees, as currently listed by the
Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of
Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC) or some other
recognized authority, shall be granted an exemption upon inspection and verification by the
Administrator.
(f) Utility operations. The pruning and/or removal of trees or understory vegetation by duly
authorized communication, water, sewer, electrical or other utility companies or federal, state,
county or City agencies, or engineers or surveyors working under a contract with such utility
companies or agencies, shall be exempt, provided the removal is limited to those areas necessary
for the maintenance of existing lines or facilities or for the construction of new lines or facilities in
furtherance of providing utility service to its customers, and provided further that the activity is
conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not
greater than that specified by the National Electrical Safety Codes as necessary to achieve safe
3
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-IO-IOI
electrical clearances. Notwithstanding this exemption, any such entity shall provide adequate prior
notice to the City before commencing such work.
(g) Surveyors/Engineers. The pruning of trees and/or removal or understory vegetation by a Florida
licensed land surveyor or engineer in order to provide physical access or view necessary to conduct
a survey or site examination for the performance of professional duties related to land surveying,
soil percolation and/or soil bore tests shall be exempt provided that such alteration is limited to a
swath of ten (1 0) feet or less in width. However, land clearing for surveys shall not authorize the
removal of regulated trees or regulated vegetation.
(h) City crews. The City shall have the right to plant, prune, maintain and remove trees, plants and
shrubs within public right-of-ways, within any utility or drainage easements or within the
illumination areas of street lights, and other public lands as may be necessary, and shall not be
subject to mitigation assessment. The City shall not have the responsibility to maintain, prune or
remove any damaged, dead or diseased trees on any private property within the City.
Sec. 23-23. Permits procedures.
(a) Application required. The applicant for a tree removal permit shall submit the established fee
along with the application form as created and provided by the City to the designated administrative
department. The application shall contain all required narrative and graphical information
necessary to determine compliance with this Chapter. If the applicant is not the property owner,
proper owner's authorization shall also be required.
(I) Existing lots or parcels. When a tree or vegetation removal permit is required, applications
for tree or vegetation removal shall be made prior to removal and prior to any site disturbance
or grading on a lot or parcel.
(2) New or re-platted subdivisions. Applications for tree or vegetation removal that will be part
of a new Subdivision Plat or a Re-plat shall be submitted along with the Preliminary
Subdivision Plat application so that due consideration may be given to the protection of
regulated trees and regulated vegetation during the site planning and subdivision process. Trees
to be protected shall be noted on the Final Subdivision Plat, and subsequent applications for
individual lots or parcels shall be consistent with the approved Final Subdivision Plat, or
application for a new tree removal permit shall be required.
(3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or
regulated vegetation prior to obtaining a permit will be required to apply for and obtain an
after-the-fact permit, and meet mitigation requirements as assessed.
(b) Sufficiency review of applications. Upon receipt of the application and appropriate fee, the
Administrator shall conduct a preliminary review within five (5) business days to determine that all
required information has been submitted and is sufficient for review purposes. The Administrator
may refer the application to other City department(s) or a qualified professional consultant during
preliminary review. The applicant shall be notified if extended review by other departments and/or
professionals is required. The applicant shall be notified of any deficient items. Upon submittal of
deficient or missing information, the Administrator shall again review the application. If the
requested information has not been provided or is insufficient, the applicant shall be notified in
writing that no further review will be performed until the requested information is provided and
found to be sufficient.
However, an application shall be deemed abandoned thirty (30) days after the date the
Administrator notifies the applicant of any deficiencies contained in the application if the applicant
has failed to submit the deficient or missing information. The Administrator may, upon written
4
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
request and justification by the applicant, grant not more than one thirty (30) day extension. At the
expiration of the extension, the application shall automatically become null and void.
(c) Review by other agencies. At the discretion of the Administrator, relative to the environmental
sensitivity of the site, appropriate written sign-offs, permits or consents from the agencies listed
below which have jurisdiction may be required prior to regulated tree or regulated vegetation
removal from sites contiguous to or containing environmentally sensitive areas or lands. The
applicant shall obtain this information and submit the agencies' written verification to the City.
(1) Army Corp of Engineers (ACOE)
(2) Saint Johns River Water Management District (SJRWMD)
(3) Florida Department of Environmental Protection (FDEP)
(4) Any other applicable governmental agencies extending jurisdictional controls over the site.
(d) Compliance review and approval of applications. Applications will be reviewed and tree or
vegetation removal permits will be issued in accordance with the following:
(1) Time for review. Once an application has been deemed sufficient, the Administrator shall
conduct a full compliance review of the application and approve, approve with conditions or
deny the application with seven (7) business days.
(2) Standards for review. The Administrator shall consider the following in making a
determination of compliance with the provisions of this Chapter.
i. Necessity to remove trees which pose a safety hazard, as determined by the Director of
Public Works, to pedestrian or vehicular traffic, or threaten to cause disruption to
public services or result in a significant obstacle to accessing and utilizing public
easements and right-of-ways.
n. Necessity to remove trees which pose a threat to buildings and other improvements on
a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and
non-occupied structures that are typically caused by settling and small roots shall not
be considered a safety hazard.
m. Necessity to remove diseased trees or trees weakened by age, storm, fire or other
injury, or trees with severe structural defects that pose a safety hazard to people,
buildings, or other improvements on a lot or parcel of land.
IV. Necessity to remove trees in order to construct approved and permitted improvements
to allow reasonable economic enjoyment of the property.
v. Existence of any adverse site conditions which may affect the implementation of the
provisions of this Chapter.
(e) Expiration of permits. Upon approval of the application by the Administrator, the permit shall be
issued. Work pursuant to the permit shall commence within twelve (months) of the date of
issuance, or the permit shall expire.
(f) Content of permits. The permit shall be issued in such form as may be prescribed by the
Administrator and shall set forth in detail the conditions upon which the permit is granted and
specifically identify which land areas shall be cleared and/or which trees shall be permitted to be
removed. One permit may cover several trees or groups of trees as long as the trees or groups of
trees can be clearly identified thereon; provided, however, no permit may be issued for more than
one lot, parcel or area of land unless such lots, parcels or areas of land shall be contiguous to one
another and considered as one parcel for the purpose of development.
5
AGENDA ITEM 8C
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
(g) Posting of permits. The permit shall be posted in a conspicuous and visible place at the front of
the property by the applicant promptly after issuance. The permit shall remain posted on the
property during all applicable tree and vegetation removal activity and until final inspection by the
City. It is the responsibility of the applicant to maintain the permit in a clearly visible manner at all
times.
(h) Amendment of Permits. Requests for minor changes to approved plans shall be made as an
amendment to the applicable permit, and shall require payment of an administrative processing fee.
Additional information submitted with a request for permit amendment shall be adequate to fully
document the nature of the proposed change and the effect it will have on all aspects regulated by
this Chapter. All plans, reports, calculations, and other information affected by the proposed
amendment shall be updated so as to maintain an accurate record of the development activity.
Review time for any changes to plans approved for a permitted site shall be the same as specified
for the review of a new application. An amendment to a permit shall not automatically extend the
expiration date.
Substantial changes, including significant increases in the number of trees to be removed or land to
be cleared, increases in impervious surface area, changes to intended land use, modification of
stormwater management systems, or any other change that constitutes a major modification to a site
plan or subdivision, new phases of development or other additions, shall not be treated as
amendments, but shall require a new permit application and fee.
(i) Revocation ofPermits.
(I) By Administrator. The Administrator may revoke any permit issued pursuant to this Chapter,
following notice in writing to the permittee and after providing the permittee opportunity to
respond to the notice, in either of the following circumstances:
i. The Administrator finds that the permittee has continued with any development activity
on a site for which a permit was issued, while the site is under a stop work order which
has not been reversed, canceled or suspended pursuant to this Chapter, except for
specified remedial work required to bring the violation into compliance with the
approved permit, or
n. If the Administrator finds that the approval of the permit was based on incorrect
information furnished by the applicant for the permit. Based upon such finding,
however, the Administrator may make reasonably necessary accommodations to the
conditions of a permit in lieu of revoking it.
(2) Discontinuance of Work. Revocation of a permit may also result in a stop work order in
accordance with Section 23-48.
Sec. 23-24. Inspections and Site Preparation.
(a) Inspections. The following inspections shall be conducted in conjunction with all development
activities subject to the requirement for a tree or vegetation removal permit.
(I) Initial inspection. The Administrator shall conduct an initial inspection of the site prior to
approval of any application.
(2) Protective barricade inspection. A protective barricade inspection shall ensure proper
installation of measures prior to the initiation of any other development activity where required
as a condition of the permit.
(3) Final inspection and notice of completion. A final inspection and notice of completion shall
occur when all development activities permitted for the site have been completed. No
certificate of occupancy shall be issued, nor any building or premises occupied, unless and until
6
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
the Administrator has determined after final inspection that all work, including land clearing,
regulated tree or regulated vegetation removal, tree protection and tree replacement, has been
done in accordance with the approved permit and plan.
(4) Maintenance inspections. The Administrator shall have the authority to conduct on-site
maintenance inspections subsequent to final inspection and notice of completion, and to require
correction of all deficiencies and violations in accordance with this Chapter.
(b) Site Preparation. Prior to requesting initial and/or protective barricade inspection, the applicant
shall prepare the site with proper staking and taping as necessary to allow the Administrator to
locate and identify the lot or parcel to be inspected; to determine the building site; to locate the
proposed buildings or other proposed structures or improvements that will disturb vegetation, and
to ensure clear understanding between the property owner, contractor, Administrator and other
inspectors that may be involved.
( l) The address or legal description of the property shall be displayed in a conspicuous manner.
(2) The property corners shall be marked according to survey with wooden stakes. Each stake shall
be flagged with surveyor's tape or with bright colored paint. Any property crossed by the
Coastal Construction Control Line shall have that line marked on the ground with conspicuous
wooden stakes and surveyor's tape or durable waterproof string and shall be clearly labeled
"CCCL".
(3) All trees to be preserved during development activities shall be barricaded according to a tree
protection plan consistent with the guidelines in the Tree Protection Guide for Builders and
Developers, published by the Florida Division of Forestry and/or any other reasonable
requirements deemed appropriate by the Administrator to implement this part.
(4) All trees proposed for removal shall be identified with red or orange surveyor's tape or paint.
(5) All trees proposed for protection as mitigation for removed trees shall be identified with blue or
green surveyor's tape or paint.
Sec. 23-25. Appeals.
(a) Procedure to file an appeal. Appeals of final actions or decisions by the Administrator made
under the authority of this Chapter may be made by adversely affected person(s) to the City
Commission in accordance with the following provisions.
( 1) Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition
of the decision or final order being appealed.
(2) Appeals shall be heard at a public hearing within a reasonable period of time with proper public
notice, as well as due notice to interested parties.
(3) It shall be the responsibility of the Appellant to demonstrate that the final action or decision
being appealed was improper or not in accordance with the provisions of this Chapter.
( 4) In the case that the City Commission finds the appeal to have merit, the City Commission shall
have the authority to rescind or modify the original final action or decision, and/or remand the
matter to the Administrator for reconsideration.
(b) Stay of work. Such appeal to the City Commission shall stay all work on the premises and all
proceedings in furtherance of the action appealed, unless the appropriate designated administrative
7
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-IO-IOJ
official shall certifY to the City Commission that a stay would cause imminent peril to life or
property.
Sec. 23-26. Fees.
(a) Application fees. The City Commission hereby establishes the following fees related to the
administrative costs of carrying out the requirements of this Chapter. These fees shall be payable to
the City at any time an application is submitted for approval, amendment, or extension of a permit
required by this Chapter, or when a final action or decision by the Administrator is appealed.
Applications for tree and vegetation removal related requests shall not be considered as complete
applications until such time as required fees have been paid in full.
(1) Tree and vegetation removal permit application. The tree and vegetation removal permit
application fee shall cover the processing and review of the application as well as one (1) initial
inspection, one ( 1) protective barricade inspection, one (I) final inspection and one ( 1)
maintenance inspection per year. Any additional inspections required due to inadequate site
preparation or reports of violation of the provisions of this chapter will be charged a re-
inspection fee as provided below.
1. Single or Two-family residential uses (per lot) $ 125.00
II. Multi-Family residential uses
111. Commercial or Industrial Uses
IV. Institutional and any other uses
(2) Minor Amendments
(3) Extensions
(4) Appeals
(b) Re-inspection fees.
(c) Research or extensive time fees. (per hour)
Sec. 23-27 through 23-29. Reserved.
$ 250.00
$ 250.00
$ 250.00
$ 50.00
$ 50.00
$ 125.00
$ 50.00
$ 50.00
DIVISION 4. GENERAL PROVISIONS.
Sec. 23-30. Minimum Tree requirements.
These minimum tree requirements shall apply to all property within the City that is subject to the provisions
of this Chapter. Credit will be given for trees on the Atlantic Beach Recommended Species List, but none
will be given for trees on the Atlantic Beach Prohibited Species List. Section 24-177 of this Municipal
Code also provides additional landscaping requirements for non-residential uses.
(a) Residential uses. For each parcel upon which a single-family, two-family or multi-family dwelling
unit, or associated residential accessory unit is proposed, or where the primary activity is residential
in nature:
One ( 1) four-inch caliper tree shall be planted and/or preserved for every two thousand five
hundred (2,500) square feet of development parcel area or portion thereof, excluding
8
AGENDA ITEM 8C
AUGUST 22,2016
EXHIBIT A to Ordinance 95-10-101
therefrom preserve areas and water bodies. Of the minimum required trees, one (I) tree
shall be provided or preserved within the required front yard.
(b) Commercial uses. For each parcel upon which a commercial structure or associated accessory use
is proposed, or where the primary activity is commercial in nature:
One (I) four-inch caliper tree shall be planted and/or preserved for every eight thousand
(8,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and
water bodies.
(c) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is
proposed, or where the primary activity is industrial in nature:
One (1) four-inch caliper tree shall be planted and/or preserved for every ten thousand
(I 0,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas
and water bodies.
(d) Public/semi-public (governmental or institutional) uses. For each parcel upon which a
government structure or associated accessory use is proposed, or where the primary activity is
public/semi-public in nature:
One (I) four-inch caliper tree shall be planted and/or preserved for every ten thousand
(10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas
and water bodies.
Sec. 23-31. General prohibitions.
(a) Excessive or improper pruning. It shall be unlawful to engage in excessive or improper pruning
techniques on trees intended for shade purposes where such trees are required pursuant to an
approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their
mature canopy spread. This limitation shall not be construed to prohibit the trimming or pruning of
trees that create a clear risk of danger to persons or property during flood, high wind or hurricane
events.
(b) Pruning or removal of City Trees. It shall be unlawful to trim, prune, or remove any tree which
is within the City's right-of-ways or upon any other City property without the permission of the
City as evidenced by the appropriate permit.
(c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to a tree for
the purpose of causing the tree to die or become diseased.
(d) Attachments. It shall be unlawful to attach anything, including signs, permits, nails or spikes that
may be injurious or cause damage, to a tree having a diameter of three (3) or more inches caliper.
Exceptions are protective wires, braces or other devices used to support a tree.
(e) Unauthorized clearing of undeveloped lots. It shall be unlawful to clear any undeveloped lot,
parcel, or lands such that the land is substantially denuded of regulated trees and regulated
vegetation in any manner or for any purpose unless a proper tree removal permit has been issued.
The extent to which removal constitutes substantial denuding shall be determined by the
Administrator based upon the number, type and condition of existing on-site regulated trees and
regulated vegetation in comparison to that proposed to be removed. If clearing is authorized, the
minimum requirements of Section 23-30 shall be met.
(f) Unauthorized clearing of developed lots. It shall be unlawful to clear the trees from any
developed lot such that the minimum requirements of Section 23-30 are not maintained.
Sec. 23-32. Tree protection during development and construction.
(a) Restrictions during construction.
9
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
(d) Adjacent properties. The property owner(s) or their agent(s) shall ensure protective barricading of
all trees located on adjacent properties, that have root or branch systems that encroach upon the
subject property, and that may potentially be impacted by development activities.
Sec. 23-33. Mitigation to be assessed.
(a) Mitigation required. Unless mitigation in the form of payment into the Tree Conservation Trust
Fund has been approved in accordance with Section 23-37, mitigation in the form of tree
replacement, relocation or preservation shall be required to offset any impacts resulting from the
removal of regulated trees as a condition of the tree or vegetation removal permit. Replacement or
relocation shall be the preferred methods of mitigation.
(b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the
following table, such that the number of inches required to be replaced, relocated or preserved (first
number) are proportional to the number the inches removed (second number):
TABLE 1. STANDARD MITIGATION ASSESSMENT.
CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE
Interior Exterior Heritage
Private Parcels 1:2 I:2 I: I
Public Parcels I: I I: I 2: I
Public Rights-of-Way, Easements, etc 1:1 2: I 3:1
Environmentally Sensitive Areas 2:I 2: I 3: I
Historic Corridor 2: I 2: I 3: I
(c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of
existing trees that would otherwise be removed, or replacement with new trees, and shall occur
within thirty (30) days, or prior to issuance of a Certificate of Occupancy or other final approval,
whichever time is shorter, unless a greater period is provided for good cause by the permit. The
applicant assumes all duties and costs associated with mitigation.
(d) Tree preservation. Existing on-site trees that are three (3) inches DBH or greater and which are
neither protected nor transplanted may be utilized as credit towards the assessed mitigation, subject
to the other conditions stated in this Section, if preserved on-site.
(e) Tree relocation. Existing trees on-site that are three (3) inches DBH or greater and that would
otherwise be removed from the site because of development may be utilized as credit towards the
assessed mitigation, subject to the other conditions stated in this Section, if relocated on-site.
(f) Tree replacement.
(I) Replacement size. New replacement trees shall be a minimum of "Florida Number One", as
defined in the most current edition of the Grades and Standards for Nursery Plants,
published by the Florida Department of Agriculture and Consumer Services, Division of Plant
Industry.
t. Oaks shall have a minimum four (4) inch caliper and twelve (12) foot height at time of
installation.
11
AGENDA ITEM SC
AUGUST 22,2016
EXHIBIT A to Ordinance 95-10-101
11. All other new replacement trees shall have a minimum two (2) inch caliper and ten (I 0)
foot height at time of installation.
m. Palms shall have a minimum clear trunk height of eight (8) feet at time of installation.
1v. New replacement shade trees shall be of a species typically yielding an average mature
crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen
from the Atlantic Beach Recommended Species List, maintained and published by
the City. Upon approval of the Administrator, alternate species not appearing on the
recommended list may be utilized, but in no case shall trees from the Atlantic Beach
Prohibited Species List, also maintained and published by the City, be utilized for
mitigation credit.
12
(2) Selection criteria.
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
I. New oaks shall be used to replace removed oaks. Upon approval of the Administrator,
hardwood species yielding similar canopy may be used to mitigate removed oaks.
11. New palms may be used only to replace removed palms. Upon approval of the
Administrator, a cluster of three (3) palms, subject to the other conditions of this
Section, may be used to meet the requirements of a single shade tree.
(3) Placement criteria.
I. Avoidance of underground utilities. No trees except those with a normal mature
height of less than thirty (30) feet may be planted within five (5) linear feet of the
centerline of any utility easement.
11. Avoidance of aboveground utilities and public facilities. No trees may be planted
closer to any curbs, curb lines, sidewalks or aboveground utilities than the following,
except for plans demonstrating no conflict with existing aboveground utilities or public
facilities, and approved by the Administrator:
a. Small trees or palms with normal mature height of fifteen (IS) to thirty (30)
feet shall have a minimum setback of three (3) feet.
b. Medium trees or palms with normal mature height of thirty (30) to fifty (50)
feet shall have a minimum setback of six (6) feet.
c. Large trees with normal mature height of fifty (50) feet or more shall have a
minimum setback of ten (I 0) feet.
111. Spacing. The following spacing requirements shall serve as general guidelines for the
optimal growth and viability of trees, though trees may be planted closer together upon
approval of the Administrator:
a. Small trees or palms with normal mature height of fifteen ( 15) to thirty (30)
feet shall be spaced at least ten (I 0) feet.
b. Medium trees or palms with normal mature height of thirty (30) to fifty (50)
feet shall be spaced at least twenty (20) feet.
c. Large trees with normal mature height of fifty (50) feet or more shall be spaced
at least thirty (30) feet.
d. Spacing of two or more trees of differing sizes shall be based upon the spacing
requirements of the largest tree.
Sec. 23-34. Maintenance and monitoring requirements. The applicant shall be responsible for
maintaining the health of any replacement or relocation trees for three (3) years from planting.
(a) Determination of success. The applicant shall determine the condition of each tree, three (3) years
after the tree was relocated or planted. This determination shall be submitted to the City for
approval within thirty (30) days of being made.
Should any tree die or be in a state of decline within three (3) years of being planted or relocated,
the applicant shall be required to replace the tree within sixty (60) days of that determination. The
three-year monitoring and approval period shall begin anew whenever a tree is replaced. If that
replacement tree is found not to be viable at the end of the second monitoring period, the applicant
may pay the appropriate amount into the Tree Fund in lieu of planting a third replacement tree. If
the applicant fails to replace the tree or to pay the appropriate amount into the Tree Fund within
sixty (60) days, the applicant shall be in violation of this Chapter.
13
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
(b) Large-scale projects. If a permit includes the relocation of ten (I 0) or more trees, or the planting
of one hundred (1 00) or more replacement trees, the determination of success for the overall
mitigation effort shall be based upon a percent survival rate. A successful project shall be one in
which ninety (90) percent or more of the newly planted or relocated trees are determined to be
viable after a period of three (3) years. If a large-scale project is determined to be successful on this
basis, additional replacement trees will not be required.
Sec. 23-35. Elimination of undesirable species. The natural vegetative communities existing within
the City shall be protected by the control and elimination of non-native invasive species. To that end, the
following guidelines shall apply:
(a) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for
mitigation credit.
(b) Removal of non-native invasive species from nonresidential properties (excluding jurisdictional
wetlands), shall be completed, whenever practicable, as a requirement for approval of any
development permit issued by the City or the issuance of a Certificate of Occupancy if applicable.
(c) Procedures for the control and elimination of non-native invasive species shall in no way promote
the proliferation of the species through the dispersal of seed or other means.
(d) Procedures for the control and elimination of non-native invasive species shall in no way harm or
cause the decline of desirable species that are to be preserved, planted or relocated.
Sec. 23-36. Elimination of contagious diseased and pest-infested trees. The natural and
cultivated vegetative communities existing within the City shall be protected by the control and elimination
of trees afflicted with rapid-spreading contagious diseases and pests. Upon identification and/or
confirmation of such infection or infestation by a Certified Arborist or other qualified professional, the City
shall give notice to the property owner to remove the afflicted tree. Such tree removal shall be exempt from
the permit application requirements, as set forth in Section 23-22. Further, mitigation shall not be required,
provided however, the subject property is in compliance with minimum tree requirements, as set forth in
Section 23-30.
Sec. 23-37. Payment in lieu of replacement/relocation. It is the intent of this Chapter that all
reasonable methods be used to replace or relocate trees on-site. Payment to the Tree Fund in lieu of
replacement or relocation shall not be construed as a routine mitigation option. Rather, it shall be reserved
for cases where the ability to replace or relocate trees on-site is restricted by circumstances related to
Federal, State or Local regulations and requirements including but not limited to conflicts with right-of-
ways, utilities, stormwater facilities, septic fields and Environmentally Sensitive Areas. The value to be
paid into the Tree Fund shall be established and adopted by resolution of the City Commission, and
payments to the Tree Fund may be approved in accordance with the following provisions:
(a) For single and two-family residential uses. If an applicant, at the time of application,
demonstrates a successful plan to accomplish at least fifty (50) percent of the required mitigation
on-site, the Administrator shall approve the application and issue a permit in accordance with
Section 23-23. The remaining balance of the required mitigation shall be payable to the Tree Fund
within seven (7) days of such determination.
(b) For Commercial, Industrial and all other uses. Applications for tree or vegetation removal
permits for all uses and development, other than single and two-family residential uses, shall
replace or relocate required mitigation on-site, except in cases where the Administrator finds, based
upon the above stated conditions, that on-site mitigation is not possible. Upon approval of a
mitigation plan by the Administrator, a permit shall be issued by the Administrator, and the
remaining balance of the required mitigation shall be payable to the Tree Fund within seven (7)
days of such determination.
14
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
(c) Where payment in lieu of replacement or relocation is approved, as set forth in preceding paragraphs
(a) or (b), the applicant shall pay the equivalent value of the portion not planted or relocated, to the
City's Tree Fund. The approved mitigation payment shall be payable to the Tree Conservation
Trust Fund within seven (7) calendar days of the approved mitigation order. Mitigation payments
not received within the prescribed time period shall result in the filing of a lien on the subject
property.
Sec. 23-38 through 23-39. Reserved.
DIVISION 5. AREAS OF SPECIAL CONCERN.
Sec. 23-40. Applicability. There exist within the City certain areas which contain trees or vegetation of
special value and concern, or areas of such great social, cultural, historical, ecological, environmental or
economic significance that they may warrant added measures of protection.
Sec. 23-41. Historic Corridors and Heritage Trees.
(a) Designation. The City Commission may by Resolution designate historic corridors or individual
heritage trees. In doing so, the City Commission shall specifically identifY those streets, or portions
thereof, or trees, which shall be so designated.
(b) Criteria. In considering whether roadways or portions thereof shall be designated as historic
corridors, the City Commission may consider the following criteria:
(I) The presence of historically significant tree coverage or landscaping, as individual plants or in
groupings.
(2) The presence of culturally significant tree coverage or landscaping.
(3) The presence of significant architectural structures with associated tree coverage or
landscaping.
(c) Documentation. The Administrator shall maintain a record of all historic corridors so designated
and their location shall be reflected on City maps as such.
(d) Mitigation. Mitigation required for the removal of designated heritage trees and trees within
designated historic corridors, shall be at a higher rate than removal of non-designated tree(s), as
specified in Section 23-33, as an extra measure to encourage protection of such trees.
Sec. 23-42 through 23-45. Reserved.
DIVISION 6. VIOLATIONS, ENFORCEMENT AND PENALTIES.
Sec 23-46. Violations. Violations, including failure to make proper application for a tree or vegetation
removal permit as required by these provisions, or failure to implement any requirements or conditions of a
tree or vegetation removal permit, shall be deemed a violation of this Chapter, and shall be subject to Code
Enforcement Procedures as set forth within Chapter 2, Article V, Division 2 of this Municipal Code of
Ordinances and any other remedies available under applicable law.
(a) Development activity. It shall be a violation of this Chapter for any person(s) to engage in
development or other activity, which has the potential to damage, destroy or remove, or cause the
15
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-lUJ
destruction or removal of any tree or vegetation as regulated herein, without complying with all
applicable provisions of this Chapter.
(b) Compliance with approved Permit. It shall be a violation of this Chapter for any person who has
obtained a permit from the City pursuant to the requirements of this Chapter to fail to comply with
the requirements of the approved permit and any conditions attached thereto.
(c) Compliance with general conditions of Permit. The following minimum conditions shall apply
to every permit issued pursuant to this Chapter, and violation of or failure to comply with any such
condition(s) shall be a violation of this Chapter:
(I) Permit and plans on-site. Approved permits and plans shall be available on-site at all times
during development activity.
(2) Responsible individual on-site. Whenever site work is ongoing, there shall be an individual at
the site who shall be responsible for the ongoing work and who shall have the familiarity with
the project to ensure work is proceeding according to approved plans. This provision is not
intended to require that a single individual remain on-site during all operations, only that at all
times there shall be a designated person in responsible charge.
(d) Maintenance requirements. It shall be a violation of this Chapter for any person(s) who is
engaged in development activity on property located within the City or in accordance with a permit
issued by the City pursuant to this Chapter, or who has obtained title to property upon which such
activities have taken place, to fail to comply with the minimum standards and maintenance
requirements set forth herein.
Sec. 23-47. Notice of Violation. Whenever the Administrator determines that a violation of this
Chapter has occurred, the Administrator shall immediately issue written notice to the person(s) in violation,
identifYing the nature and location of the violation and specifYing that remedial action is necessary to bring
the violation into compliance. The person(s) in violation shall immediately, conditions permitting,
commence remedial action and shall have seven (7) calendar days after the receipt of notice, or such longer
time as may be specified in the notice, to complete the remedial actions required to bring the violation into
compliance with this Chapter.
Sec. 23-48. Stop Work Order.
(a) Authority to stop work. The City Manager or designee of the City Manager shall have the
authority to immediately issue a stop work order in any of the following circumstances:
(1) Whenever land is being cleared without an approved permit or in a manner inconsistent with
the approved permit;
(2) Upon the failure of the permittee, or failure of the property owner if no permit exists, to take
immediate corrective action when there is an apparent danger to life or property;
(3) Whenever ongoing non-compliant work is not immediately and permanently stopped upon
receipt of a written or oral notice of violation;
(4) Whenever protection measures have not been implemented or maintained and danger to
regulated trees or regulated vegetation exists or appears imminent; or
(5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this
Section is not completed in the time period specified;
(6) Upon failure to post or have the approved permit and plans available on-site.
16
AGENDA ITEM SC
AUGUST 22,2016
EXHIBIT A to Ordinance 95-10-101
(b) Content and Scope of Stop Work Order. The stop work order shall specifY the circumstances
that have resulted in issuance of the order. It shall also direct that all work be stopped other than
such remedial work as is deemed necessary to bring the violation into compliance, or it may specifY
the cessation of specific work by functional nature, such as land clearing, regulated tree or regulated
vegetation removal, grading, roadway construction, building erection or utility construction. The
order may apply to the entire project or to geographical portions of the project that may be
individually specified.
(c) Failure to comply after notice of violation and Stop Work Order. If the person(s) in violation
fails to complete the required remedial action within the prescribed time, or continues any
development activity in violation of a stop work order, the Administrator may refer such matter to
the Code Enforcement Board or may initiate any other enforcement action or remedies as
authorized by law.
Sec. 23-49. Requirement for Emergency or Immediate Corrective Action. Where it is determined
by the City that failure to maintain stormwater management facilities, erosion, sediment or tree/vegetation
protection controls, or failure to conform to the provisions of this Chapter or permit conditions, is resulting
in danger or damage to life or property, the City may require immediate corrective action. Protection
controls which are breached due to development activity, wind, rain or other factors shall be repaired within
twenty-four (24) hours of breach. Failure to take such immediate corrective action when notified shall
constitute a violation of this Chapter. If immediate corrective measures are not taken by the permittee or
property owner and the conditions of the site are such that there is danger or hardship to the public, the City
may enter upon lands, take corrective actions, and place a lien on the real property of such person(s) to
recover the cost of the corrective measures. In addition, the Administrator may revoke any permit issued
pursuant to this Chapter.
Sec. 23-50. Code Enforcement action. Failure to complete remedial actions required to bring the
violation into compliance with this Chapter shall result in Code Enforcement action pursuant to Chapter 2,
Article V, Division 2 of the Municipal Code of Ordinances as well as other remedies available under
applicable law.
Sec. 23-51. Penalties.
(a) General Provisions. Any person(s) violating a provision of this Chapter shall be punishable
according to the law or in accordance with the findings of the duly appointed Code Enforcement
Board.
(I) Violations of this Chapter are considered irreparable and irreversible in nature.
(2) Each day any violation continues shall constitute a separate offense.
(3) Each regulated tree removed from a site in violation of these regulations shall constitute a
separate offense.
( 4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a
separate offense.
(5) Person(s) charged with violations ofthis Chapter may include:
i. The owner, agent, lessor, lessee, contractor or any other person(s) using the land,
building or premises where such violation exists.
ii. Any person(s) who maintains any land, building or premises upon which a violation
exists.
17
AGENDA ITEM SC
AUGUST 22, 2016
EXHIBIT A to Ordinance 95-10-101
111. Any person(s) who knowingly commits, takes part, or assists in such violation.
(b) Building permits. No building permit shall be issued for a site unless and until a required tree or
vegetation removal permit has been issued, or while any violation of this Chapter exists on the
subject site.
(c) Injunction. Any affected person(s) may seek an injunction against any violation of the provisions
of this Chapter and recover from the violator such damages as he or she may suffer, including but
not limited to damage to property as a result of development or failure to maintain, in violation of
the terms of this Chapter.
(d) Sanctions for failure to obtain a permit.
(I) Regulated trees or regulated vegetation removed in violation of this Chapter shall require an
after-the-fact permit, the fee for which shall be two (2) times the normal established application
fee specified in Section 23-26. In addition, as a condition of the permit, the applicant shall
immediately complete all remedial work as necessary to stabilize the site and mitigate all
damage to the site and adjacent properties.
(2) Regulated trees removed in violation of this Chapter shall be assessed at two (2) times the
normal established rate of mitigation specified in Section 23-33.
(3) If a lot, parcel, site or portion thereof, has been cleared such that the Administrator is unable to
determine with reasonable certainty the number and size of regulated trees and/or regulated
vegetation removed in violation of this Chapter, analysis of aerial photography or other such
accepted scientific methodology shall be used to make a determination as to the loss of canopy
and/or land cover for the purpose of assessing mitigation. A civil fine of five dollars ($5.00)
per square foot of canopy or land cover lost shall be assessed by the Administrator, and shall be
payable to the Tree Fund within seven (7) days of such assessment. No further work or
development shall proceed until the City is in receipt of any such assessed fine.
(4) Any person(s) exhibiting a documented history of chronic or repeated violations of this Chapter
shall, upon third offense, be reported to the Florida Department of Business and Professional
Regulation, as well as any other authority governing licensing, registration or certification of
individuals or businesses.
Sec. 23-52 through 23-60. Reserved.
18
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
90-Day Calendar for th e Mayor and Commission
AGENDA ITEM 9A
AUGUST 22, 2016
Yvonne Calverley, Executive Assistant to the C ity Manage~c__.,.
August 2, 20 16
STRATEGIC PLAN LINK: None
BACKGROUND: The 90-day calendar is in cluded on the agenda for the purpose of setting
meeting dates, determining the lo cation , 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 Annual Board Member Reception is scheduled for Thursday,
September 29th at 6:30 pro at the Adele Grage Cultura1 Center.
• A Town Hall Meeting is tentatively scheduled for l 0 am on Saturday,
October 15 111 at the Jordan Park Center .
BUDGET: None
RECOMMENDATION: Approve the 90-Day Calendar for September through November 2016
ATTACHMENT: 1) Mayor and Commi ss ion 90-Day Ca lendar (September t hrough
November 201 6)
CITYMANAGER: ~ ~ ~WU
:-l':'\.D.\Y :\10:'-..D.\ Y
6 7
13 14
Com miss io n Mtg
6:30pm
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Videotaped
20 21
27 28
Com m ission Mtg
6:3 0pm
(l nvoc-St in son)
V ideotaped
MAYOR AND COMMISSION
November 2016
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1 2 3
8 9 10
Newsletter Due Due Date for
(Harding) 11 /28
Agenda Items
15 16 17
22 23 24
Due Date for City Offices
12/12 Closed
Agenda Items
29 30
I· RID.\ Y
4
11
Veterans Day
City Offices
Closed
18
25
City Offices
Closed
5
12
19
26
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