10-24-16 Amended Agenda Packet 2IN ATTENDANCE:
MINUTES
REGULAR CITY COMMISSION MEETING
September 26,2016
CITY HALL, 800 SEMINOLE ROAD
City Attorney Brenna Durden
AMENDED AGENDA ITEM lA
OCTOBER 24, 2016
Mayor Mitchell E. Reeves
Mayor Pro Tern Jimmy Hill
Commissioner Harding
Commissioner John Stinson
Commissioner M. Blythe Waters
City Manager Nelson VanLiere
City Clerk Donna L. Bartle
Recording Secretary Della Giovanni
Invocation and pledge to the flag
Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Call to Order
Mayor Reeves called the meeting to order at 6:30p.m.
Mayor Reeves moved Items 6A and 7 A.
Items 6A and 7 A were taken out of sequence and acted on at this time.
6. A. Public Hearing on adopting Resolution No. 16-05 for the Millage Rate.
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING
THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL
PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30,
2017; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED
EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE
DATE.
City Clerk Bartle read the Resolution by title.
Mayor Reeves stated the first item to be considered is the Adoption of the Millage Rate by
Resolution 16-05. He stated the Tentative Millage Rate is 3.2285; the Roll-Back Rate is 3.1754; and
the Tentative Millage Rate is 1.67% more than the Roll-back Rate.
He stated the purpose for adopting the millage rate of 3.2285 is to maintain a level of ad valorem tax
revenue sufficient to support funding for the proposed level of services at anticipated and proposed
cost and to continue to maintain the City's infrastructure.
Motion: Adopt Resolution No. 16-05 as read by title.
Moved by Stinson, Seconded by Harding
Mayor Reeves opened the public hearing and asked if anyone wished to speak about the item.
September 26,2016 REGULAR COMMISSION MEETING Page2
Chris Jorgensen, 92 West 3rd Street, thanked the Commission for supporting the millage reduction.
No one else in the audience spoke, so Mayor Reeves closed the public hearing.
There was no discussion.
Roll Call Votes:
Aye: 4-Harding, Hill, Stinson, Reeves
Nay: 1 -Waters
MOTION CARRIED
7. A. Public Hearing and Final Reading on Adoption of a Tentative Millage Rate and
Ordinance No. 20-16-140 establishing the Operating Budget for fiscal year
2016/2017.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2016 AND ENDING SEPTEMBER 30,2017.
Mayor Reeves read the agenda item. City Clerk Bartle read the Ordinance by title.
Motion: Adopt Ordinance No. 20-16-140 as read by title.
Moved by Stinson, Seconded by Harding.
Mayor Reeves opened the public hearing. No one in audience spoke, so Mayor Reeves closed the
public hearing.
Mayor Reeves explained the need for an additional park ranger and requested a motion be made to
move $42,000 from the proposed media position to the Public Works Department for the park ranger
instead. He indicated that such a move would not affect the budget dollar wise.
Motion: Move the funding for the media position to the Parks Department.
Moved by Hill, Seconded by Stinson
Commissioner Hill commented on his suppmi of the media/communication position, and feels that
the position is a critical one and is needed. He suggested having the media position for one year to
focus on communications and help resolve an issue that has been ongoing. He prefers to leave the
funding for the new media communication position.
Commissioner Waters stated she does not believe the fact that they overlooked funding for a current
employee and wanting to maintain cunent levels of service changes any of the discussion that they
have had about how impmiant it is to citizens that we increase our outreach through dedicated
communication channels. She believes the media position is very important in order to meet the
expectations of our citizens. She indicated, although it is impmiant to fund the additional park
position, she does not believe it should replace the media communication position.
Commissioner Stinson stated that, because of the timing, the Commission should authorize the City
Manager to allocate the funding for an addition of a park ranger. He believes it would allow them
more time to better define the role of the media position, see what candidates are out there and come
September 26,2016 REGULAR COMMISSION MEETING Page3
back at a later time to include the additional expense in the budget. He explained it would be
postponing it until they get a better idea of what the position's role would be.
Commissioner Harding reminded them about the discussion during the budget workshop and the
importance of meeting the concerns of the citizens and keeping them up to date with
communications. He spoke against defunding the media communication position.
Commissioner Hill asked for clarification on whether the funding is for an additional park ranger
position or an existing one that was left off the budget.
Mayor Reeves explained it would be a new one and would switch monies from one depatiment to
another. He indicated he is supportive of media communications getting out to the public. He
believes that the City Manager can be creative in finding ways to meet our communication needs.
Mayor Reeves does not feel that there is enough work for a full-time person to just do media
communications. He explained the impmiance of our parks and the importance of maintaining them.
He suggested having one-on-one discussions with department heads during the budget process so
that they can better communicate their funding needs.
Commissioner Hill explained his idea of using contractors for parks department projects. We
reiterated his support for having a communications position.
Commissioner Waters asked to hear from Mr. Jacobovitz about what he has in mind for this position.
City Manager Van Liere clarified that during the budget workshops they envisioned needing a
maintenance worker more than a park ranger. Public Works Director Don Jacobovitz explained the
difference in the two positions and why the park ranger can do more than the maintenance worker
can do without costing the department overtime. City Manager Van Liere stated they are mixing
conversations and explained that there was a request to upgrade a position from park maintenance
worker to a park ranger position to solve some of the problems Mr. Jacobovitz spoke about. Mr.
Van Liere explained that what we are talking about now is an addition of a maintenance worker for
storm drain cleanup and general maintenance around the City.
Commissioner Waters clarified the request and it was dete1mined that the request is for an additional
maintenance worker instead of a park ranger. Mr. Jacobovitz answered questions about tasks and
staffing.
Mayor Reeves explained there are already people doing the job of media communications and does
not believe there is justification to hire a full-time employee for that. He spoke in favor of moving
the money for a maintenance position.
Commissioner Stinson explained that if the City Manager thinks he needs a maintenance person
more than a media person, then the Commission should probably honor that and give him his
maintenance worker. He reiterated that they can research and determine whether a media position is
needed and amend the budget at a later time.
Commissioner Hill agreed that the Commission should give the money to the City Manager and let
him use his discretion for the needs of what he feels is most impmiant. He agreed that a
communication person is needed, but stuck to his original motion.
September 26,2016 REGULAR COMMISSION MEETING Page4
Commissioner Waters requested to hear from the City Manager.
City Manager Van Liere explained that during the budget workshop, the Commission agreed that
some positions are needed and the consensus was to not do the maintenance worker, but do the
media position. He also explained that funds were budgeted to update the website. He stated that
Public Works has rearranged things so that the Administrative Assistant will be able to do Facebook.
Mr. Van Liere asked that they approve a maintenance worker and let city staff work on improving
communications in their departments and have some money for contracts for publication-type
services such as brochures. He suggested that they see how it goes this year and if they still see a
need for a media specialist, then revisit it next year. Mr. Van Liere suggested putting the funds
toward the additional maintenance worker position in the Public Works Depmiment instead of
funding the media communication position. He clarified that he is asking to change the line item of
the money that is sitting in the media specialist in the City Manager budget and put it in Public
Works' budget.
Amended Motion: Allow the City Manager to move the line item that is earmarked for a
media person to the Public Works Department.
Motion by Hill, Seconded by Stinson
Roll Call Votes:
Aye: 5 -Stinson, Waters, Harding, Hill, Reeves
Nay: 0
MOTION CARRIED
Motion: Adopt Ordinance No. 20-16-140 as amended.
Moved by Stinson, Seconded by Harding
Roll Call Votes:
Aye: 5 -Waters, Harding, Hill, Stinson, Reeves
Nay: 0
MOTION CARRIED
1. A.
B.
Approve minutes of the Town Hall meeting of August 27, 2016.
Approve minutes ofthe City Commission meeting of September 12,2016.
Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections,
so Mayor Reeves stated the minutes stand as submitted.
2. Courtesy of the Floor to Visitors
A. Presentation of Congressional Awards by Jackie Smith, representing
Congressman Ander Crenshaw.
Mayor Reeves introduced Jackie Smith, who was presenting congressional awards by the United
States Congress for young people who meet specific challenges in a non-competitive program. An
award ceremony took place. Ms. Smith gave the criteria participants met in order to receive an
award. Pmiicipants from the Beaches Habitat educational program honored and recognized the
recipients who were all from Atlantic Beach. Some students received their medals in Washington
September 26,2016 REGULAR COMMISSION MEETING PageS
DC. Each award winner were recognized for their award level and contributions in achieving that
level. Recipients recognized were:
Shyla Blackmon, Jelisa Jackson, Jacques Baldwin, Diamond Jackson, Jozie Martinez, Mulleak Pitts
and Alexis Williams. Jackie Smith recognized Kathy Christensen, Beaches Habitat director, in
encouraging these young people in their success.
Mayor Reeves complimented the recipients on behalf of the Commission. A photo was taken of the
Commission and recipients.
Courtesy of the Floor to Visitors
Mayor Reeves acknowledged that the City is losing Chief of Police, Mike Deal and asked him to
give a farewell.
Chief of Police Mike Deal thanked the Mayor, Commissioners and City Manager for the honor to
serve the City and his appreciation for the support. He explained that the only reason for his
departure is the distance of being away from his family. He feels that he has accomplished the task
with the department working as a team in building a relationship with the community by gaining
respect for the department and he encouraged leaders within the agency to move forward by building
on the positives of the foundation. He thanked the citizens of the city for their support and feedback.
Their support has lifted the moral of the depmiment to serve.
After a standing ovation from everyone in the room, Mayor Reeves thanked Chief Deal and invited
Commissioners to make a few comments.
Commissioner Hill expressed his appreciation to Police Chief Mike Deal stating "the glue of strong
leadership will last long after the builder is gone and it is appreciated".
Commissioner Stinson thanked Chief Deal and explained he is truly grateful for his interaction with
the public.
Commissioner Waters echoed Commissioner Stinson with the apprecmtwn of Chief Deal's
interaction with the public and how she hopes it will continue even after he is gone.
Commissioner Harding stated that it has been a pleasure and an honor working with Chief Deal and
believes he is a "class act".
City Manager Van Liere acknowledged that Chief Deal came into a city of tmmoil and he has given
the city a sense of security and the well-being that the city was missing. He shared his appreciation
for ChiefDeal's hard work and wished him well.
Mayor Reeves opened the Comiesy of the Floor to Visitors. City Clerk Bmile called each speaker to
the podium.
Sally Clemens, 1638 Park Terrace West, expressed farewell to Chief Deal and complimented him
on his accomplishments.
September 26,2016 REGULAR COMMISSION MEETING Page6
Chris Jorgensen, 92 W. 3rd St. gave farewell to Chief Deal; made a suggestion to have a policy in
place for the next Chief of Police to be a resident of the City; addressed concem of road conditions,
and showed a concem of the Aquatic project of leakage in retention drains. He suggested building a
retention pond as a resolution to prevent run-off. He spoke about the CRA.
Mike Whalen, 1420 Mayport Road acknowledged that Chief Deal is the first police chief to ever
visit businesses and introduce himself, along with the current commission getting out and showing
concem for local businesses. Regarding the CRA, Mr. Whalen does not see a need for it. He feels
that the City can work with the business owners instead of waiting a long time to make the process
happen and gave examples of ways the City and the business owners can solve problems. He
explained a suggestion to allow businesses/owners to adopt a park. He feels that a coalition is
needed to work out problems among the city and does not feel that the businesses need the CRA to
do it for them.
Brad Kennelly, 2265 Beachcomber Trail handed the City Clerk the right-of-way maps that were
marked up according to the standards which are spelled out in the contract for the sidewalk project.
Dara Gourley, 2027 Mayport Rd. served on the Technical Committee for CRA and stated she is
not against the CRA; She leamed that the community is divided on the project; residents are against
the commissioners in how they have handled projects and planning. She used the Gate Station as an
example and does not feel there was good representation of cetiain projects conceming the
community. She feels that an outside influence is not needed to tell the city what it needs to do and
the amount spent on it was excessive. Benefits of the CRA would secure funding and hold the city
accountable. In her opinion, she does not feel the residents feel that the city has been accountable
and that the residents' best interest has been taken into consideration.
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. LIUNA Local630 "Blue Collar" Union Negotiations 2016-2018 Contract.
Motion: Authorize the City Manager to sign the two-year (2016-2018) agreement with
the LIUNA union.
Moved by Hill, Seconded by Waters
There was no discussion.
Roll Call Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
B. Coastal Florida Police Benevolent Association (PBA) Negotiations 2016.
Motion: Approve the Coastal Florida Police Benevolent Association (PBA) Negotiation
as included in our packet.
Moved by Waters, Seconded by Harding
September 26,2016 REGULAR COMMISSION MEETING
There was no discussion.
Roll Call Votes:
Aye: 5 -Hill, Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED
Page7
C. Report on applications submitted for the Beautification & Natural Resource
Preservation Advisory Committee.
City Clerk Bartle reported that she received applications for the committee, through September 23rd,
and the names were sent to the Mayor and Commissioners over the weekend. The names presented
were: Richard Bell, John November, Jeff Montanye, Mike Bomo, Jonathon Bryson, Frank
Redmond, Sarah Andrews Dark, Margo Mudge, Chip Drysdale, Bruce Andrews. She also reported
that Commissioner Hill called in his recommendations which are Tim Anderson and Don Ford.
Mayor Reeves acknowledged names presented and made a request to the Commission to prepare to
present two representatives at the next meeting that they would like to have on the Committee and
they do not have to be from the list that was presented.
Commissioner Hill asked for clarification as to whether there would be a conflict for Don Ford to
serve on the committee since he is employed by another city.
Mayor Reeves confirmed that this is an advisory committee to help guide us through the steps to see
what we want the beautification committee to do.
Commissioner Hill explained that Mr. Ford would be an excellent resource but would not serve on
the (standing) committee. He asked whether the Commission found it to be a conflict for Mr. Ford to
participate since it is not a standing board or committee and wanted to hear what the City Attomey
had to say about it.
City Attomey Brenna Durden saw no conflict; she verified that there are no restrictions for an
Advisory Committee regarding residency or employment.
Mayor Reeves explained he would like to hold a public roundtable with the committee, once it is
selected, to give specific charges and share what the desires are. He suggested having a designated
staff member monitor the progress, someone who can be very open and is able to communicate with
the committee without heading it up, unless there is a designated chairperson.
Commissioner Stinson suggested that since there is a Town Hall meeting on October 151h, it would
be a good idea to use the meeting to go over the expectations with the advisory group.
Commissioner Harding shared that he does have a topic that will be discussed at the Town Hall
meeting, which addresses the funds raised and the desires for the Bennett's Landing. He thinks that
having a discussion with the new advisory committee would be a good time to do so.
Mayor Reeves confirmed that the Town Hall meeting will have both discussions and reminded
Commissioners to have their picks at the next Commission meeting.
September 26,2016 REGULAR COMMISSION MEETING PageS
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 ofthe Public Works Status Repoti as of September 14,2016.
B. Authorize the City Manager to sign the attached contracts with ABAA from October
1, 2016 through September 30, 2017.
C. Approve a salary increase of3% for the City Manager effective 10/1/16.
D. Approve a salary increase of 3% for the City Clerk effective 10/1/16.
City Clerk Bartle read the consent agenda.
Mayor Reeves asked if any Commissioner wanted to pull an item from the Consent Agenda for
discussion.
Mayor Reeves pulled Item B off for discussion.
Mayor Reeves explained the reason for pulling Item B off the consent agenda, stating his concern of
charging ABAA $200.00 in comparison to ABET being the same price of $200.00; ABAA spends
their time and money for kids to play, provides monies to those who cannot afford to play, and have
installed clocks at the field. He mentioned how the city could not afford to pay an athletic director to
do what ABAA does for our community to run the fields. He questioned whether the city needed to
charge ABAA that much.
Commissioner Hill stated he was concerned of the revenue lost when the theater is used regularly.
He went on to say that, if the issues can be compartmentalized and associations can give back to the
community, the Commission just needs to make sure the city maintains control. He would like to
make sure that any third pmiy involved understands that the city propetiy is under city control. He
concurred with Mayor Reeves that he would be in favor of lowering the fee for the baseball contract.
Mayor Reeves requested confirmation from the City Attorney regarding having to charge a fee on a
legal basis.
City Attorney Durden clarified that when there is a contract, a fee does have to be charged.
Commissioner Stinson asked if ABAA is non-profit and Mayor Reeves said yes. Commissioner
Stinson warned that if the fee is changed, other organizations will also want to be treated the same.
His suggestion was to use caution with this kind of thinking process, as there are liability risks and
perhaps this needs some extra thought before making a decision.
Mayor Reeves questioned what the existing non-profit organizations are putting back into the city.
September 26, 2016 REGULAR COMMISSION MEETING Page9
City Manager Van Liere verified that all organiz<itions have supplied insurance for liability and
agreed that some ban·ier is needed to prevent it getting out of control with organizations taking over
city property.
Commissioner Waters stated she feels the $200.00 is a nominal fee and does not believe that non-
profit organizations should be free. She likes the balance where it currently is, as a give and take.
She stated we are already significantly discounting market rate to have them bring their amenity to
our community.
Commissioner Hill agreed with the Mayor that the City should help support organizations who assist
the community financially to those who are not economically in a position to play. He would like to
consider lowering the amount for ABAA, but strongly agrees that each one ofthese contracts should
be looked at on an individual basis.
Recreation Director Timmy Johnson stated he feels it is more about the service as opposed to the
dollar amount. The City cannot provide the service that the organizations provide.
Commissioner Harding indicated he would not have a problem changing the amount as long as there
is consistency and expressed concern over the precedence it will set.
Further discussion ensued. Commissioner Stinson gave an update on the meetings with the members
of ABET and First Act. He reported that ABET eventually agreed to share the space with First Act
by giving them the same hours they were previously keeping, but does not want First Act to store
their items in the theater; ABET will continue their plan with their children program during different
time slots. He explained that final commitment was that if any of the groups needed more time, it is
the city's right and responsibility to allocate or dedicate that time. He also reported that both parties
were in agreement with the results.
He repmied on the meeting he had with the tennis group and explained their discussion about how
time slots are allocated and the issue of the leagues dropping in on the courts unannounced. He
repmied that both attending pmiies were happy with the solutions of Mr. Johnson.
City Manager Van Liere confirmed that ABET, the tennis pro and First Act will all have contracts at
$200.
Mayor Reeves requested that the Commission defer Item 4B to the October lOth meeting.
Motion: Defer Consent Item B to October 10,2016.
Moved by Hill, Seconded by Stinson
There was no further discussion.
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
September 26, 2016 REGULAR COMMISSION MEETING Page 10
Motion: Approve the Consent Agenda Items A, C & D.
Moved by Hill, Seconded by Stinson
There was no discussion on these items.
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
A. Public Hearing on adopting Resolution No. 16-05 for the Millage Rate.
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING
THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL
PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30,
2017; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED
EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE
DATE.
This item has taken out of sequence and acted on earlier in the meeting.
7. Action on Ordinances
A. Public Hearing and Final Reading on Adoption of Ordinance No. 20-16-140
establishing the Operating Budget for fiscal year 2016/2017.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND
ENDING SEPTEMBER 30, 2017.
This item was taken out of sequence and acted on earlier in the meeting.
B. Ordinance No. 20-16-141, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2015 AND ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING
ADDITIONAL FUNDS IN THE LEGAL SERVICES DIVISION, AND
PROVIDING AN EFFECTIVE DATE.
City Clerk read the Ordinance by title.
Mayor Reeves asked the Commissioners if they needed the Finance Director to brief them on
anything. No explanation was needed.
September 26, 2016 REGULAR COMMISSION MEETING
Motion: Approve Ordinance No. 20-16-141 as read.
Moved by Waters, Seconded by Hill.
Page 11
Mayor Reeves opened the public hearing. No one wished to speak so Mayor Reeves closed the
public hearing.
There was no discussion.
Roll Call Votes:
Aye: 5 -Stinson, Waters, Harding, Hill, Reeves
Nay: 0
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. Mayport Road Community Redevelopment Plan Presentation.
Commissioner Hill believes the City can get bond money to do the improvements instead of
going through the CRA. Discussion ensued about the half-cent sales tax and the City's
relationship with Jacksonville.
Commissioner Stinson made a request from Derek Reeves to give updates. Mayor Reeves
requested input from Planner Derek Reeves and the City Manager.
Planner Derek Reeves believes that the CRA works best with Jacksonville's dollars and if the
City does not get it, then it is probably not wmih it noting this is the best way in the State of
Florida to lock up a long-term commitment. He explained there are a lot of changes that can
be made just by changing our land development regulations and believes that is going to be a
much bigger hurdle than some might realize. He fmiher explained there are residents who
have one thought and feeling and we have the businesses that have a totally opposite feeling.
He stated he is the one that is saying no on all those business tax applications so he knows
what they are going through and that the buildings are designed for uses that we do not allow.
He explained there are very tough decision that need to be made such as do we go backwards
in that respect or do we try to go toward with what the residents and some past commissions
have pushed for which is to eliminate those auto uses and warehouse uses. He believes the
CRA plan or Redevelopment plan addresses those issues by improving the industrial areas
which has more intensive uses. He believes that the long-term commitment is necessary and
from the planner perspective and his education and background, the CRA is the answer. He
reiterated that it will improve the industrial areas and long-term commitment is what this
project needs.
Commissioner Waters questioned whether the report that was presented was a unanimous
decision. It was explained that it was unanimous based on those who were present at the
Technical Advisory Committee (TAC) meeting.
Commissioner Stinson questioned members of VHB about what the cost would be to get the
City from creation to year five.
September 26, 2016 REGULAR COMMISSION MEETING Page 12
Curtis Ostrodka, representing VHB, 225 East Robinson Street, Orlando, explained that
in the schedule there was $100,000.00 budgeted for the Comp Plan and LDC updates in the
first year and believes the City will cover it through the General Fund. He recommended that
since the process takes so long moving through the TPO prioritization process and to do
some meaningful redevelopment of Maypmi Corridor, it may be in the city's best interest to
have some skin in the game initially because that can help leverage other funds from the
TPO. He said that, in their experience, a similar corridor study could cost between $150,000
to $250,000 so they put in the higher amount. He explained that a CRA would need an
agency to administer it. Commissioner Stinson reiterated his question asking for a dollar
amount for the first five years. Mr. Ostrodka stated he would have to go back and take a look
at it, but he gave a ballpark number for the cost, some of which are recurring, of $50,000 per
year for the community events organizer and some of the improvements to the aesthetics
noting they are trying to create a flexible plan.
Commissioner Stinson explained the need for a cost schedule in five year increments in order
to figure out at what point the funding stmis to take over.
Planner Reeves addressed Commissioner Stinson's concem explaining that you can pay
whatever you want to pay or with whatever revenue you get. He explained we don't have to
throw a dollar at this if you don't want to, other than for implementing which would include
ordinances and resolution at a minimal cost.
Commissioner Hill expressed concem about a comment that staff made about the general
direction of the community. He explained that we have business owners who have purpose-
built structures and it sounds like staff might want to head away from that direction because
they sense that we or a previous Commission had given them that thought. He explained that
is disturbing to him that our planner would say that a warehouse is not our desired use for a
warehouse. He believes our most valuable asset is the ability to employ people locally. He
explained that empty warehouses have no value to us and he does not want to change the
industrial area because the economic future of our community has a certain amount of
industrial built into it. He stated that if that is the direction that staff got from the
Commission, then he would like to make sure that it is revisited as a group. Commissioner
Hill commented that the general consensus is that people want something done. He spoke
against the CRA but agreed something has to be done. He expressed concem that it seems
like it is being lead. He asked if the firm doing the research has a vested interest in the future
of the contract and if it influenced their decision.
Mr. Ostrodka confirmed that they are a for-profit company and he is a stockholder of that
company. He explained they have an interest in anywhere they can do work which includes
private development and public entities and would like very much to continue working for
the City because they have gotten to know the staff and the community members and because
they believe in this project and want to improve communities. He answered a question from
Commissioner Hill regarding whether there would be a need for his type of services if they
choose not to do the CRA. He believes that whether or not the Commission determines to do
a CRA, there are other planning issues that have a need for some assistance.
Mayor Reeves suggested that he and the City Manager reach out to Mayor's Chief of Staff in
Jacksonville to see if there is any interest in the project.
September 26, 2016 REGULAR COMMISSION MEETING Page 13
Planner Derek Reeves responded to Commissioner Hill's comments, pointing out that the
direction he gets is from the Codes and he has to enforce them as they are. He explained that
the uses listed in CG are not workable for warehouses.
Commissioner Hill asked that the Commission revisit the needs of the business community
and discuss at future meetings.
Mayor Reeves stated that he would like to see the City Manager put together a business
association.
Commissioner Waters believes that, if we revisit the code regarding restrictions on light
automotive and heavy automotive, we are going backwards because we are not addressing
the buffer between residential community and the light industrial district. She explained
various considerations that affect the decisions about our Codes. She explained a
comprehensive code review is imp01iant in order to balance the vested stakeholders in our
community noting the residents count as much as business owners do.
Commissioner Hill indicated he does not want to categorize businesses. He would rather
limit the things they do not want specifically. He does not believe anyone should care what
the business is along as it does not have hazardous materials stored or the leakage of smell,
sound or other undesirables. He believes it needs a simple language change.
City Manager Van Liere explained that the City is already moving in the right direction with
or without the CRA and some of the things on the presented list is already in the planning
stages and in the budget. He reported that he has interviews scheduled with candidates for
the Director's position. He reiterated that the City is already moving in the right direction,
whether we get a CRA or not. He explained that the Commission needs to decide if they
want to try to get Jacksonville to patiicipate to help us with funding.
Commissioner Harding expressed concem about the report being represented as unanimously
approved to bring forward, noting he believes it was skewed because it was only based on the
decision of the members in attendance at that particular meeting. He explained issues have
been identified in areas of west Atlantic Beach and they need to be addressed and taken care
of whether it is through CRA or through our own funding sources.
Commissioner Stinson addressed concerns mentioned by Commissioner Harding and
wondered if the change in Commission every two years has been one of the road blocks that
has caused that area to be overlooked. He stated he likes the idea that you put something
together that the City is committed to moving forward with because if we keep doing the
same things that we have always done, ten years from now someone will look at Mayport
and say it has been overlooked; what are we going to do.
Mayor Reeves stated that he and the City Manager will report back to the Commission after
they meet with Jacksonville. Discussion ensued about needing to see the numbers before
moving forward.
Planner Derek Reeves clarified that any additional costs would be for an extra audit on this
account otherwise we do not have to spend a dollar we are not spending today.
September 26,2016 REGULAR COMMISSION MEETING Page 14
Commissioner Hill wanted to know what happens to all the projects that need to be done now
that we were going to use that money for. He asked for clarification whether the City would
have to hold off on the cmrent projects while waiting for the funds.
Mr. Ostrodka replied by refening to it as a piggy bank explaining it is one of many that the
City has such as the General Fund, Grants or other funding mechanisms and is another
alternative way to pay for some of these things and should provide some flexibility for use of
the General Funds or the other grants the City receives. He explained that whether or not the
City waits to pay for a project is at the City's discretion and approving the CRA does not
mean that you need to wait on anything, but you can choose to if you want to; you do not
need to wait for funds to accrue; it is just another financing strategy for the City to have in
hand. The CRA, the TIF funds itself, will not fund everything or every single project that the
City wants to do, but it is another mechanism for you to create a dedicated funding source to
address a particular issue.
It was the consensus of the Commission to move forward to keep this ongoing for
discussion only, not for action at this time, so that we can investigate some more and
then move forward and then make a decision.
Mr. Ostrodka addressed the unanimous issue explaining that all members were given the
information prior to the meetings and had an opportunity to oppose whether they attended or
not.
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (October 2016 through December 2016).
City Manager VanLiere repmied on the Town Hall Meeting scheduled for October 15, stating there
will be a couple of items to be discussed. He asked Police Chief Deal to share details regarding the
Web.com Tournament.
Chief Deal explained the details of the event from October 2-9, stating there will be several pre-
events, private and public. He futiher described that there will be extra officers, and that general
parking will be at 500 Atlantic Boulevard and a shuttle will go through the backside gate. He
explained that there will be one street closure and message boards will be on Atlantic Blvd.
Mayor Reeves reiterated that there will be twelve off-duty officers assigned and will not affect the
City's regular service of the depatiment. He suggested that the City could possibly bonow the white
fences from Jacksonville Beach to block off designated areas. He explained that Johansen Park has
been contracted for valet parking only, and that the Monday night event at the Town Center event is
free.
Mayor Reeves thanked the City Manager, Recreation Director Tim Johnson, the Police Department,
Public Works and everyone who has been involved in suppmiing the event. He shared that every
player is being housed by local residents and this event could generate 4.5 to 5.5 million dollars for
the City and put us on the map.
September 26, 2016 REGULAR COMMISSION MEETING Page 15
City Manager Van Liere advised that the mess on Francis A venue is almost complete and that
additional water trucks are keeping the dust under control for the residents.
He reported the Dutton Island improvement project is wrapping up and near completion. Mayor
Reeves asked if there was any update on Seminole Road from the 5-way to Atlantic Boulevard.
Public Works Director Don Jacobovitz said it will probably be another two weeks.
10. Reports and/or requests from City Commissioners and City Attorney
City Clerk Bartle
• Welcomed Della, stating she will be transitioning from the Recreation Department to the
City Clerk's office.
• Thanked the Commission for the pay increase.
City Attorney Durden
• Gave an update on the Cloister, stating we did receive the Order to show cause and our
response brief will be due October 6.
• Reported for the Adeeb petition case, our response brief will be due October 19.
Commissioner Harding
• Attended the League of Cities meeting in Palatka.
• Thanked Mr. Van Liere and the Public Works Director for the barrier by Memorial Park
and the American Legion.
• Would like to get the ball rolling on the sun shade at Tideviews Park.
• Thanked Chief Deal for his service and wished him well on his future endeavors.
Commissioner Waters
• Attended the Dig Local Fundraiser and encouraged everyone to support the market.
• Thanked Chief Deal for his service, stating he has set the bar high.
Commissioner Hill
• Thanked Chief Deal, stating he has left the City in a better position.
• Stated there are some physical issues with the Safe Routes to School Project and
encouraged everyone to look at what was put in the record.
• Stated if we get out of the way of the businesses on the west side of Mayport Road, the
businesses will thrive.
• Officially requested we petition the FDOT to reduce the speed limit on Mayport Road to
40 mph from the overpass to the gate.
Commissioner Stinson
• Thanked Chief Deal and wished him the best of luck.
• Thanked Jackie Smith and Congressman Anders Crenshaw for contacting him about all
the young people that were here tonight for the award ceremony.
• Thanked ABET, First Act, Mr. Catalan, Mr. Keith, Mr. VanLiere and Mr. Johnson for
meeting with him and for their suppmi.
September 26, 2016 REGULAR COMMISSION MEETING Page 16
• Reported that next month is the last Acoustic Night for the year and encouraged all to
attend.
• Assisted the Oceanside Rotary Club in picking up flags after 9-11, stating how proud he
is to be an American.
Mayor Reeves
• Thanked the Commission for approval of the millage rate reduction.
• Thanked the City Attomey and the City Clerk for getting their bios.
• Explained he spoke with the City Manager about the Russell Park parking lot, addressing
the ongoing construction, and empty trailers that could be moved.
• Wished Chief Deal all the best.
• Suggested the City Manager include the Chief in reviewing the applications for his
replacement.
• Requested a meet and greet with the Commission and the top three finalists to see how
they socialize and interact with the people.
• Reported he has been appointed by the President of The Florida League of Cities to be on
a legislative committee for the state league and he is honored to serve the City and it
helps us to meet people.
Adjournment
There being no fmiher discussion, Mayor Reeves declared the meeting adjoumed at 8:56p.m.
ATTEST:
Donna L. Batile, CMC
City Clerk
Mitchell E. Reeves
Mayor/Presiding Officer
ProjeaN~me Bu <flet
Effluent 0\ltf;~Replou-nl $5!2,764
Atlant~ 6Nd Woto!line UJ>II"Od • $100,000
Update Wote r System Model $30,000
WoK Lou Inc • 6 wells $130.000
R.plae>o Water Main on S.rn:nole Rd. $700,000
Ftom Atlontk !INd. to 5·W>y
WTP2 North~ ~placement $10.000
Ftepllu Seu;ny waar se1"V''U1: $100.000
Sewer llM rehab ~• ~ts $207.000
Phosphon.tS lre.•tmvu Improve mints $225.000
WWTP
2 ropoirs Gt>~lty Oumn to ICW $30.000
Combjru,d Plont ~I and 5278,000
~placemim
Soft StallS WTl' l.2.3 5:10,000
Chlorine ,llutoConrrol $31,000
ContrOl Bubb~ 5}.5tem IIITP2 SJS,OOO
I..S Control Pond $.19,000
I..SABCD So/UtaltS 555,000
~pia~ /Cf119U Ois/a $6,000
N.w lfl/lu611 Scnms 520,000
~lou E/fPump:/2 sso.ooo
~laa liAS l'llmp $50,000
/toplo« 11>/)Jt nt PtJmp $22,000
Russell Porkl!mavatron S160,000
Sui Pork lmprcovomonts $35.000
lrdeviews PorkShaGe Structure so
Twin Lake Part<. Ooqn $25,000
AGENDA ITEM 4A
OCTOBER 24, 2016
City of Atlantic Beach
M<Jjor Public Worl(s Projects
FYlS/16 -Year end Status Report
Projea Desai ption Hotes
UtiRtles
This is repla.cement ol the end of the buchu a:>mbiPed offluont Bidopenodon 3/1; low bid by J.O. HoruonCompony~ buclcet<d amount. J>X BeachilnC!Ne pt\mt Bead> hove·~
plpo~~ •.,.; os a>St shored by the 3 booch Otiu. oddlt"""'l tt....rltC required. On« con~n~ct documonu 010 returned, a pno-c.o~n moetircwill bo s..--heduled and • Hobce To
Proceed will be 1ssuod. Consultant ~ oosu for n.w nn. suspended from pRitl& lle'114 !Kiried. Controc::tor just I>IOYided sicnod
contnct doc.m>ents wi'lll bond. ~nrr..oe:k\cwu held on 7/2112016. AN-ToProc!!edwuis.sued to< the profect to
bo!i111 on Augun 15th. The contrxtor bu ordered Wfplits and tho c..W.rt Is bei,_ n'IO~ured off-<!te.
o..lcn oc;ly. Waftirc onwotor modoloo:llpletion.
Ev>luotin& copro,l imo<Qvemon't ...,qu;.ements and impoc::t if WTl' 114 is Modollluwto.nd cotlbr.ned. Consultant p noporfnc or>d runnlt1c and ovaluatfn& sconarlo5. D<aft Water !.'ode! receive<! and ll:lder
removed from service.. revltw. Mootinc is bolllc S<hedu~d with the consultant.
'This Is • down hoiHheck of the "I'Uc::tlAI intttriw of""' clrinlcq oncuss;nc .a>pe wi'lll different consv!t>nt U> el&minoto or red.,.., .uboonsu!Qnt loverln&.
w.ttrwells.
Design,.,....... und..,...y ·poll ol S.miilole Rood Str .. c.apo FiN &zinc desicn t'e'Visioru. Mth stof'm.Wat:er and wee:ucapc c:ompont nts ol project..
proiect.
lnmli>Uo<! ~ted 4/7.
Woric ~ boa-of recuninC Cne brub •nd KCA>mf>'lnvire Project completed witOO bu4~t.
~ce.s..
I~ linin& of ot&ios Y!~ d~ to ..dum. watttrl.nflnw & R..,.._. unpo wpl.,.. s:....,g;..-o..O.ORtlolB mo ~ Nolna W>PI/cost ~roShiold. Prolo<t co~to. A.....Wll& Camminlon
inlitrotion (1&1). Addlrionol-mainS wtl bo dono to ua a_.wai of a buclcet modiliut;o,.
••-lnfng funds.
lteceilled cront U> offset po<tio<l of ant to improve Pho>phorus PtelirnlraJy ~01111 R"port oomploted. ~ ._...,. dtitCn completed. P.,nslttinc through FOS' and sem-c up temporary
treatmeres ill~ the WWTP. feed..,...,.,. Project Is out lOt bid~. Bids,..,,. bo oponed on Aueust 31st. Only one bid wa; received wtlid> was •"'-1 ~the
bud&~t fa< th:S oro)ect. ~tall to< bids wiR be tewntten and rndvertised.
ConsuJta:nt p:-e-:Jaril'lc lViruped.:ion review a.sscs:smtnt a~
mairtten;~na ploln.
AddressJnc Items .. po,.tel)t ~. UtJJIIy staff wortrnc wllh vond..s & pwci,..W..
Awoifin9 final t;UO~ from !ieDdor. Hew PO 'sjor WTP J andWTP 2tobe/lutalkd thii ...,,t.
Equip. p<Jrdr<lu<J <t>Ordlnoting /lutoll do~ Equ/pm~nt /luuJW, start up daM July 18th.
Awair.ing shop drowillg from wndot. lo\'Oiting on qt10~ from CDntmcmr.
Undor fobriartion lrt :w;;pt;,.r. lnnD/Sed.
U •a• so_/r:mln imtall in progress,. Compkt~. <>'N<Iiting invoa.
Comp~tr:d.
Scnms ~ damoge. Wo•fin9 for dt/ivwy
P.O.Issuedjorpumpkrs:<r.llolion.
P.O.Iwlr:djor pumpinro>llorion.
l'vff<p roqurtment</!&P«S moy b. updotr:d. FI<PotttS bring~
~rtcs Projects
How SYMi set waled. cwutbolli&ht:n& onstUed. Soopofq..o.-s & OtMrinlprovt~r.ents bei:11 plannod. SS0K l"'nt tosu;>ple!Nint fwlcforc was derovored by Michelle Waterman of Talbot ut.nd Par\ on
S<hedulecin procrus for~ imptinc & sod. A"iust 22nd.
Replaooment of ploysround fence,land.aplt1c and swina sat. LandsaP<nc oomplete. New sw>nc lnstaRed. Ffllclnc was inStalled WHk of Jt.ly 25th. Ploquos ~been <HRstalled and Ptdestals
010 heine refult>ished.
!This project rsto provide • shode structure""'" • poroon of the This project is scheduled to be oomo!etecl ln the forst quo Iter of fY 16-17.
viewinc.,.. of the Ttdevlews Pork ~rdwolk.
~~uolirc tasl< based on Com"""-c:irutlon and Pllblk Input Pro~c:t I"'OIUed; aw•ruo'C proposal for pond bonk resto<>don. Applitat.on for AND sranr fundlne not subnitted this year.
from community' mee:tq.
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Contract for Beach Cleaning Services
CityBid#1617-02 ~r\~-~
Donald D. Jacobovitz, P.Et.??~y .
Public Works Director
October 6, 2016
AGENDA ITEM 48
OCTOBER 24, 2016
BACKGROUND: On October 5, 2016 bids were received for the Contract for Beach Cleaning
Services. Three companies submitted bids as summarized below:
Beachcombers North, Jax Utility Management Southern Cleaning
Inc. Services, Inc.
Cleaning 4 days per week: $8,532.18 $66,888.00 $74,358.98
(November thru February) (daily rate: $118.50) (daily rate: $929.00) (daily rate: $1 ,032.76)
Cleaning 5 days per week: $21,086.80 $231,540.00 $239,540.29
March thru October (daily rate: $124.04) (daily rate: $1 ,362.00) (daily rate: $1 ,409.06)
Total Annual Cost $29,618.98 $298,428.00 $319,899.27
Per-event raking service, $200.00 $4,290.00 $313,250.60 on an as-requested basis:
BUDGET: $30,000 is budgeted under account 001-6020-572-3400.
RECOMMENDATION: Award the contract to Beachcombers North, Inc. for a total annual cost of
$29,618.98. Additional funds are also available for raking services on an
as-needed basis.
ATTACHMENTS: Bid Analysis
Bids are on file with the City Clerk
REVIEWED BY CITY MANAGER: __ /t __ ., _?6_-'-~-"--"--::._~-~--=-----------
Daily Rate for Nov-
Feb
Weekly Rate for Nov -
Feb
Total for 18 Weeks
(4x/wk)
Daily Rate for March -
Oct
Weekly Rate for
March-Oct
Total for 34 Weeks
(5x/wk)
TOTAL ANNUAL COST
(A+ B)
Rate for One (1) Raking
Multi-Year Contract: Beach Cleaning
Bid 1617-02
Beachcombers Jax Utilities Mgmt
$118.50 $929.00
$474.00 $3,716.00
$8,532.00 $66,888.00
$124.04 $1,362.00
$620.20 $6,810.00
$21,086.80 $231,540.00
$29,618.80 $298,428.00
$200.00 $4,290.00
AGENDA ITEM 48
OCTOBER 24, 2016
Southern Cleaning Services
$1,032.76
$4,131.04
$74,358.72
$1,409.06
$7,045.30
$239,540.20
$313,898.92
$313,250.60
AGENDA ITEM 4C
OCTOBER 24, 2016
Janitorial Bidder Rankings
I Cat 1 Cat2 Pricing Total
1 Supreme Janitorial Services 3.5 3.5 3.50 10.5
2 City Wide Maintenance of Jacl 3.5 3.5 3.00 10.0
3 W & G Maintenance 3.0 2.5 4.00 9.5
4 Freedom Building Services 2.5 2.5 3.50 8.5
5 Excel Janitorial Services, Inc. 2.0 2.5 3.25 7.75
6 Southern Cleaning Services Inc 2.5 2.5 2.50 7.5
7 All N Professional Services 2.5 2.0 2.50 7.0
7 JaniKing 2.0 2.0 3.00 7.0
9 White Glove Janitorial & CarpE 2.0 2.0 2.50 6.5
10 Bettye Palmer 1.0 1.0 2.00 4.0
Cat 1 Cat2 Pricing Total
1 Supreme Janitorial Services 3.0 3.0 3.50 9.5
2 City Wide Maintenance of Jacl 3.0 3.0 3.00 9.0
3 W & G Maintenance 2.0 2.5 4.00 8.5
4 Freedom Building Services 2.0 2.5 3.50 8.0
5 Excel Janitorial Services, Inc. 2.0 2.5 3.25 7.75
6 Southern Cleaning Services Inc 2.0 2.5 2.50 7.0
6 JaniKing 2.0 2.0 3.00 7.0
8 All N Professional Services 2.0 2.0 2.50 6.5
8 White Glove Janitorial & CarpE 2.0 2.0 2.50 6.5
10 Bettye Palmer 1.0 1.0 2.00 4.0
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM 40
OCTOBER 24, 2016
AGENDA ITEM: Revised Interlocal Agreement among the City of Jacksonville, City of
Atlantic Beach, City of Jacksonville Beach, City of Neptune Beach,
Florida, The Commander U.S. Naval Station Mayport, U.S. Navy and
Commander, Naval Air Station Jacksonville, U.S. Navy for Conduct
of the Sea and Sky Spectacular
SUBMITTED BY: Nelson VanLiere, City Manager @_
DATE: October 13,2016
STRATEGIC PLAN LINK: None
BACKGROUND: This agreement defines the covenants and responsibilities governing
the Sea and Sky Spectacular to be held November 4-6, 2016. It is an
extended celebration of city events, United States Armed Forces
activities and family entertainment programs to be held periodically in
the Jacksonville Area. The primary goal is to foster positive
community relations and to support military recruiting efforts.
The City of Atlantic Beach will be responsible within its City limits to
provide support services including police, crowd and traffic control,
parking and refuse collection.
This agreement is entered into every three years and was last approved
in March of 2016, but is being modified to add the U.S. Naval Air
Station, Jacksonville to the agreement with all other conditions being
the same.
BUDGET: None
RECOMMENDATION: Approve the Revised Interlocal Agreement among the City of
Jacksonville, City of Atlantic Beach, City of Jacksonville Beach, City
of Neptune Beach and the Commander, U.S. Naval Station Mayport,
U.S. Navy and Commander, Naval Station Jacksonville, U.S. Navy for
Conduct of the Sea and Sky Spectacular and authorize the City
Manager to sign the agreement.
ATTACHMENT: Interlocal Agreement among the City of Jacksonville, Florida; the City
of Atlantic Beach, Florida; the City of Jacksonville Beach, Florida; the
City of Neptune Beach, Florida; the Commander, U.S. Naval Station
Mayport, U.S. Navy and Commander Naval Station, Jacksonville, U.S.
Navy for Conduct of the Sea and Sky Spectacular.
Prepared by and Return to:
John C. Sawyer, Jr., Esquire
Office of General Counsel
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
AGENDA ITEM 40
OCTOBER 24, 2016
INTERLOCAL AGREEMENT AMONG THE CITY OF JACKSONVILLE, FLORIDA;
THE CITY OF ATLANTIC BEACH, FLORIDA; THE CITY OF JACKSONVILLE
BEACH, FLORIDA; THE CITY OF NEPTUNE BEACH, FLORIDA; THE
COMMANDER, U.S. NAVAL STATION MAYPORT, U.S. NAVY AND COMMANDER,
NAVAL AIR STATION JACKSONVILLE, U.S. NAVY FOR CONDUCT OF THE SEA
AND SKY SPECTACULAR.
THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into as of the day of , 2016 by and among the
below-listed parties and supercedes the original Interlocal Agreement by and among the parties
made and entered into March 12, 2001, as revised for the first time on October 9, 2003, as
revised for the second time on August 4, 2005, as revised for the third time on November 2,
2007, as revised for the fourth time on October 28, 2009, and as revised for the fifth time
October 15, 2015 and shall become effective upon filing with the Clerk of the Circuit and
County Courts, as herein provided. The parties to this Agreement are:
THE CITY OF JACKSONVILLE, FLORIDA, a consolidated municipal/county
government, making the General Services District within the tenitorial boundaries of Duval
County, Florida (hereinafter referred to as "JACKSONVILLE"), pursuant to authority in Section
111.105, Ordinance Code; and
THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation within the
General Services District (hereinafter referred to as "ATLANTIC BEACH"); and
THE CITY OF JACKSONVILLE BEACH, FLORIDA, a municipal corporation
within the General Services District (hereinafter referred to as "JACKSONVILLE BEACH");
and
THE CITY OF NEPTUNE BEACH, FLORIDA, a municipal corporation within the
General Services District (hereinafter referred to as "NEPTUNE BEACH"); and
THE COMMANDER, U.S. NAVAL STATION MAYPORT, UNITED STATES
NAVY (hereinafter refened to as "CNSM"); and
1
AGENDA ITEM 40
OCTOBER 24, 2016
THE COMMANDER, U.S. NAVAL AIR STATION JACKSONVILLE, UNITED
STATES NAVY (hereinafter referred to as "NAS JAX").
AGREEMENT SECTION
1. SUMMARY ................................................................................................... .
2. PURPOSE ...................................................................................................... .
3. RESPONSIBILITIES ..................................................................................... .
4. SEA & SKY SPECTACULAR AIR SHOW COMMITTEE ........................ .
5. TERM OF AGREEMENT .............................................................................. .
6. EFFECTIVE DATE ........................................................................................ .
7. TERMINATION ............................................................................................. .
8. MAXIMUM INDEBTEDNESS ..................................................................... .
9. SEVERABILITY ........................................................................................... .
10. SECTION HEADINGS ................................................................................. .
11. CONSTRUCTION ........................................................................................ .
12. ENTIRE AGREEMENT ............................................................................... .
13. COUNTERPARTS ......................................................................................... .
PAGE
2
2
3
5
6
6
6
6
6
6
6
6
7
IN CONSIDERATION of the mutual covenants herein contained and for other good and
valuable consideration, the legal sufficiency of which is acknowledged by the parties, the parties
agree as follows:
1. SUMMARY. This Agreement defines the covenants and responsibilities governing the
Sea and Sky Spectacular, to be held on November 4-6, 2016 (hereinafter sometimes referred to
as the "Event", as the context allows). It is an extended celebration of city events, United States
Armed Services activities and family entertainment programs to be held periodically in the
Jacksonville area. The primary goals of the Event are to foster positive community relations and
to support military recruiting efforts. The Event is intended to be an annual regional attraction
with air show sites alternating between Naval Air Station Jacksonville and the Jacksonville
Beach Oceanfront (this Agreement shall pertain exclusively to Events held at the Jacksonville
Beach Oceanfront).
2. PURPOSE. This Agreement formally creates a relationship among the parties for the
following purposes:
2.1. To provide JACKSONVILLE, ATLANTIC BEACH, JACKSONVILLE BEACH,
NEPTUNE BEACH and neighboring beach cities/communities along with the high
concentration of Naval commands and their service members a celebration that showcases the
military's presence in the region.
2.2. To foster positive community relationships by (a) creating an opportunity for long
term, mutual cooperation and commitment among city governments and Naval commands to
2
AGENDA ITEM 40
OCTOBER 24, 2016
conduct a bi-annual event of regional attraction at an opportune time of year for the cities and
their business communities; and (b) supporting Armed Service recruiting by offering an exciting
family entertainment program which may include an air show and a demonstration of military
capabilities.
3. RESPONSIBILITIES. The parties shall have the following responsibilities, which may
be supplemented or more specifically defined as necessary, from time to time, for the conduct of
the Event:
3.1. JACKSONVILLE:
3.1.1. Special Events Production and Coordination. The Office of Special
Events (hereinafter referred to as the "OSE") represents JACKSONVILLE's interests and shall
provide special events production expertise and coordination for the Events held at the
Jacksonville Beach Oceanfront. The OSE will share in the responsibility of arranging and
conducting the Sea and Sky Spectacular with ATLANTIC BEACH, JACKSONVILLE BEACH,
NEPTUNE BEACH, CNSM and NAS JAX.
3 .1.2. Custodian for Sponsorship Funds. The OSE will serve as custodian of
sponsorship money and will write accounts payable checks using the sponsorship money raised
to support the Sea and Sky Spectacular.
3.1.3. Event Promotion. JACKSONVILLE shall have the overall responsibility
for promoting the Event as a regional attraction.
3.1.4. Monetary Contribution. Subject to the maximum indebtedness in Section
8, below, JACKSONVILLE will provide and fund various services necessary to produce the
Event. Such services shall include police, private security, fire and rescue supp011 services,
advertising and marketing, Jacksonville Transportation Authority shuttles, air show consultant,
air show acts, sound and enteitainment, VIP area, liability insurance and event maintenance
(collectively and individually referred to as the "JACKSONVILLE Services"). Subject to the
maximum indebtedness in Section 8 below, JACKSONVILLE may provide services in addition
to the above JACKSONVILLE Services, to the extent that such additional services become
necessary to produce the Event; provided however, such additional services shall not be provided
or required hereunder unless and until such time as this Agreement is amended, in writing, for
the inclusion of such additional services.
3.2. ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH:
3.2.1. Monetary Contribution. ATLANTIC BEACH, JACKSONVILLE
BEACH and NEPTUNE BEACH are not required to contribute any sponsorship or other funds
to JACKSONVILLE for the 2016 Sea and Sky Spectacular.
3.2.2. Support Services. Within their respective city limits, and/or as the need
3
AGENDA ITEM 40
OCTOBER 24, 2016
may require, ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH shall
provide and fund staffing/police, fire and rescue support services for the Sea and Sky
Spectacular, including, without limitation, police services, crowd and traffic control, parking and
refuse collection. ATLANTIC BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH
recognize and acknowledge that crowd sizes and logistics, as well as financial considerations,
may require joint sharing of these responsibilities and expenses as matters develop, and agree to
cooperate, in good faith, to reach equitable sharing arrangements as such prove to be necessary.
JACKSONVILLE shall provide and fund staffing police, fire and rescue support services only to
the extent that the circumstances surrounding the Sea and Sky Spectacular require supplementing
such services, as determined by JACKSONVILLE, in its sole and exclusive discretion.
3.2.3. Sea and Sky Spectacular Facility. JACKSONVILLE BEACH shall
provide prope1ty for the Sea and Sky Spectacular. The aforementioned property shall be
sufficiently available for the placement of tents, display booths, and other festival requirements
as necessary and approved by the JACKSONVILLE BEACH City Manager and shall be
consistent with JACKSONVILLE BEACH's Code of Ordinances and Special Events Policies.
3.2.4. Responsibility for Sea and Sky Spectacular. ATLANTIC BEACH,
JACKSONVILLE BEACH and NEPTUNE BEACH City Managers or their designated
representatives shall share responsibility for arranging and conducting the Sea and Sky
Spectacular with JACKSONVILLE's OSE, CNSM and NSA JAX; provided however, said OSE
shall have the fmal or ultimate decision making authority, subject only to Section 3.2.3. above.
3.2.5. Event Promotion. ATLANTIC BEACH, JACKSONVILLE BEACH and
NEPTUNE BEACH shall have secondmy responsibility and secondary approval authority for
promoting the Event as a regional attraction.
3.3. Navy/CNSM/NAS JAX:
3.3.1. Air Show Responsibility. CNSM and NAS JAX shall have primary
responsibility for the NAS Air Show, and are charged to conduct the on-base air show at NAS,
the Commanding Officer of Naval Station Mayport is charged with support of the Sea and Sky
Spectacular by staging of static display and performing aircraft, and by cooperating with
JACKSONVILLE to arrange and conduct the militmy demonstration at the Sea and Sky
Spectacular.
3.3.2. Prohibition Against Use of Funds. In compliance with federal
regulations, fiduciary support raised on base via Naval Station Morale, Welfare and Recreation
Non-appropriated Fund Activities may not be used to support external activities.
4
AGENDA ITEM 40
OCTOBER 24, 2016
4. JACKSONVILLE SEA AND SKY SPECTACULAR OCEANFRONT AIR SHOW
COMMITTEE.
4.1. There shall be created a Sea and Sky Spectacular Committee (hereinafter refened
to as the "Committee") with membership of the parties and shall operate as follows:
4.1.1. Membership. JACKSONVILLE, ATLANTIC BEACH, JACKSONVILLE
BEACH, NEPTUNE BEACH the Commanding Officer of Naval Station Mayport, and NAS
JAX each shall have membership on the Committee. This Committee shall advise
JACKSONVILLE on the production of the Sea and Sky Spectacular. This includes, but is not
limited to, hiring of sponsorship/advertising companies and/or air show consultants; provided
however, the Commanding Officer of Naval Station Mayport and NAS JAX shall have no
responsibility or involvement whatsoever with sponsorship matters.
4.1.2. Final Authority. The parties agree that decisions of the OSE, as to
accounting, expenditures, marketing, staging, logistics, placement, consultants, contractors,
vendors, scheduling, coordination and all other matters related to and/or contemplated herein,
shall be final, except for: (a) any decision that may adversely impact the ability of ATLANTIC
BEACH, JACKSONVILLE BEACH and NEPTUNE BEACH to provide normal city services,
including, but not limited to Police, Fire and Rescue, as determined by the City Managers of
those cities; and (b) activities occuning on Navy property or involving Navy equipment or
personnel; only as to activities on Navy Property or involving Navy personnel or equipment,
shall the decisions of CNSM or NAS JAX, as applicable, as delegated above in Section 4.1.1, be
final.
4.1.3. Meetings. The Committee shall meet to determine any other rules
and/or procedures that may be necessary in order to permit action on the Event as soon as
possible. Such determinations shall include decisions as to whether financial and policy
commitments and procedures should be made. Such decisions shall require a majority vote of all
Committee Members. The Committee must have a quorum of its members in order to meet and
take action. Such quorum shall consist of four ( 4) of the six ( 6) members. Such meetings shall
comply with the Florida Open Meetings Law, as codified in Section 286.011, Florida Statutes.
All meetings shall be preceded by a posted notice of at least twenty-four (24) hours. Written
minutes shall be kept of the meetings. The meetings shall be held at a government facility that is
accessible to the public.
4.2. Funding and Fund Carryovers. JACKSONVILLE and the Committee (excluding
the Commanding Officer of Naval Station Mayport, as provided above) shall conduct funding
and sponsorship campaigns to cover the costs of the Sea and Sky Spectacular. In addition to
such funding and sponsorship campaigns, the parties (except for CNSM and NAS JAX) may
elect, but are not obligated to provide additional financial support for the Sea and Sky
Spectacular. In the event that there is a surplus of funds available on final funding, from the Sea
and Sky Spectacular, such surplus shall be held by JACKSONVILLE, for available use in the
next scheduled Sea and Sky Spectacular, unless such event will not take place the following term
5
or JACKSONVILLE determines specific other uses for such surplus funds.
AGENDA ITEM 40
OCTOBER 24, 2016
5. TERM OF AGREEMENT. This Agreement shall have a one (1) year term,
commencing on the Effective Date (defined below) unless earlier terminated as provided for
herein, unless subsequently amended. This Agreement may be renewed by written agreement by
all pmties.
6. EFFECTIVE DATE. This Agreement shall become effective on the date it is
recorded in the Official Records of Duval County, Florida, as required by Section 163.01(11),
Florida Statutes. Such recording shall be perfected by the Office of General Counsel for
JACKSONVILLE.
7. TERMINATION. Any party may withdraw from this Agreement, without cause, by
giving ninety (90) days advance written notice to the other parties, by certified mail return
receipt requested or by other delivery with written receipt. Such advance written notice shall be
sent to the party representative or successor as shown on the signature pages, to the addresses
stated thereon. If the remaining parties so desire, they may continue this Agreement, as to its
tenns and conditions, by formal, mutual execution of a letter agreement memorializing the same.
8. MAXIMUM INDEBTEDNESS. This Section 8 is included in this Agreement
pursuant to Section 106.431, JACKSONVILLE Ordinance Code. JACKSONVILLE's
maximum indebtedness under this Agreement shall not exceed ZERO DOLLARS ($0.00). The
respective maximum indebtednesses of ATLANTIC BEACH, JACKSONVILLE BEACH and
NEPTUNE BEACH shall be their respective financial and service commitments detailed in
Sections 3.2.1 and 3.2.2, above. This Agreement is contingent upon lawfully appropriated funds
for the Event.
9. SEVERABILITY. If any part of this Agreement is found by a court of competent
Jurisdiction to be unlawful or otherwise unenforceable, such pmi shall be deemed to be severed
from this Agreement and the remaining parts shall continue to have full force and effect.
10. SECTION HEADINGS. All section headings used in this Agreement have been
inserted for convenience only. Such section headings shall not be used in the interpretation or
construction of the text of this Agreement.
11. CONSTRUCTION. The parties acknowledge that they have had meaningful input
into the terms and conditions contained in this Agreement. Therefore any doubtful or ambiguous
provisions contained herein shall not be construed against the party who physically prepared this
Agreement. The rule sometimes referred to as "Fortius Contra Proferentum" shall not be
applied to the interpretation of this Agreement.
12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
the pmties hereto for their responsibilities with respect to the Event. No statement,
representation, writing, understanding, agreement, course of action or course of conduct, made
6
AGENDA ITEM 40
OCTOBER 24, 2016
by any party, or any representative of any party, which is not expressed herein shall be binding.
All changes to, additions to, modifications of, or amendment to this Agreement, or any of the
terms, provisions and conditions hereof, shall be binding only when in writing and signed by the
authorized officer, agent or representative of each of the parties hereto.
13. COUNTERPARTS. This Agreement, and all amendments thereto, may be executed
in several counterpmts, each of which shall be deemed an original, and all of such counterparts
together shall constitute one and the same instrument.
[Remainder of page is intentionally left blank. Signature page follows immediately.]
7
AGENDA ITEM 40
OCTOBER 24, 2016
IN WITNESS WHEREOF, the City of Jacksonville, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By: _________ _
Name: -------------------
Title: Corporation Secretary
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF JACKSONVILLE
By: _______________ _
Lenny Curry
Mayor
The foregoing instmment was acknowledged before me this day of __________ _
2016, by , as , and James R. McCain, Jr.,
Corporation Secretmy respectively, of the City of Jacksonville, a municipal corporation in Duval
County, Florida.
Such persons: (nofm)l must check applicable box)
are personally known to me; or 9
9
9
produced a current ____________ driver's license as identification; or
produced as identification
___________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: ___________ _
(NOTARIAL SEAL)
In compliance with the Ordinance Code of the City of Jacksonville, I do hereby certify that there is an unexpended,
unencumbered and un impounded balance in the appropriation to cover the foregoing Agreement and that provision
has been made for the payment of the monies provided therein to be paid.
Director of Finance
City Contract Number: ________ _
Form Approved:
Office of General Counsel
8
AGENDA ITEM 40
OCTOBER 24, 2016
IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By: ---------------------
Donna L. Bartle, City Clerk
800 Seminole Road
Atlantic Beach, FL 32233
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF ATLANTIC BEACH
By: ----------------------------
Nelson VanLiere, City Manager
800 Seminole Road
Atlantic Beach, FL 32233
The foregoing instmment was acknowledged before me this day of ______ _
2016, by Donna L. Bartle, and Nelson VanLiere, the City Clerk and City Manager respectively,
of the City of Atlantic Beach, a municipal corporation in Duval County, Florida.
Such persons: (notmy must check applicable box)
9
9
9
are personally known to me; or
produced a current _____________ driver's license as identification; or
produced as identification
___________ (Sign)
___________ (Print)
NOTARY PUBLIC
My Commission expires: _____ _
(NOTARIAL SEAL)
9
AGENDA ITEM 40
OCTOBER 24, 2016
IN WITNESS WHEREOF, the City of Jacksonville Beach, by and through its
respective authorized representatives has caused this Agreement to be executed on the day and
year first above written.
ATTEST:
By: _________ _
Laurie Scott, City Clerk
11 North 3 rd Street
Jacksonville Beach, FL 32250
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF JACKSONVILLE BEACH
By: ____________ _
Charlie Latham, Mayor
11 North 3rd Street
Jacksonville Beach, FL 32250
By: ____________ _
George D, Forbes, City Manager
11 North 3rd Street
Jacksonville Beach, Florida 32250
The foregoing instmment was acknowledged before me this day of -------c-----
2016, by Charlie Latham, George D. Forbes and Nancy J. Pyatte, the Mayor, the City Manager
and the City Clerk respectively, of the City of Jacksonville Beach, a municipal corporation in
Duval County, Florida.
Such persons: (notary must check applicable box)
9 are personally known to me; or
9 produced a current _______ driver's license as identification; or
9 produced as identification
__________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: _____ _
(NOTARIAL SEAL)
10
AGENDA ITEM 40
OCTOBER 24, 2016
IN WITNESS WHEREOF, the City of Neptune Beach, by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:
By: ----------------------
Karla Strait, City Clerk
116 1st Street
Neptune Beach, FL 32266
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
CITY OF NEPTUNE BEACH
By: _________________ _
Harriet Pruette, Mayor
116 1st Street
Neptune Beach, FL 32266
The foregoing instrument was acknowledged before me this day of _____ _
2016, by Harriet Pruette and Karla Strait, the Mayor and the City Clerk respectively, of the City
of Neptune Beach, a municipal corporation in Duval County, Flmida.
Such persons: (nota1y must check applicable box)
9
9
9
are personally known to me; or
produced a current _____________ driver's license as identification; or
produced as identification
__________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: ______ _
(NOTARIAL SEAL)
11
AGENDA ITEM 40
OCTOBER 24, 2016
IN WITNESS WHEREOF, the Commander US Naval Station Mayport, United States
Navy, by and through its respective authorized representatives has caused this Agreement to be
executed on the day and year first above written.
ATTEST: NAVY
By: _________ _ By:. _______________ _
Signature
Type/Print Name: _______ _
David Yoder, Captain, United States Naval
Station Mayport
Title:. ___________ _
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this ___ day of _____ _
2016, by David Yoder, and , as Captain and ________ _
respectively, of the United States Navy.
Such persons: (notmy must check applicable box)
9
9
9
are personally known to me; or
produced a current _______ driver's license as identification; or
produced as identification
___________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires:. ______ _
(NOTARIAL SEAL)
12
AGENDA ITEM 40
OCTOBER 24, 2016
IN WITNESS WHEREOF, the Commander Naval Air Station Jacksonville, United
States Navy, by and through its respective authorized representatives has caused this Agreement
to be executed on the day and year first above written.
ATTEST: NAVY
By: _________ _ By: _______________ _
Signature
Type/Print Name: _______ _
Sean Haley, Commanding Officer
Naval Air Station Jacksonville
Title: --------------
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this ___ day of _____ _
2016, by and as Captain and
_________ respectively, ofthe United States Navy.
Such persons: (notary must check applicable box)
9
9
9
are personally known to me; or
produced a current ________ driver's license as identification; or
produced as identification
__________ (Sign)
____________ (Print)
NOTARY PUBLIC
My Commission expires: _______ _
(NOTARIAL SEAL)
G:\Gov't OperationsVSawyer\Spceial Events (1550)\_Sea and Sky (1600014)\_2016\Interlocal Agreement\16 Sea SkySpectacular Interlocal
Agreement 7.14.16.doc
13
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AMENDED AGENDA ITEM 4F
OCTOBER 24, 2016
City Bid #1617-01: Contract for Repair ofElectrica~~_,;umps
Donald D. Jacobovitz, P.E., Public Works Directo ~
October 14, 2016
On October 5, 2016 three bids were received for the multi-year contract for Repair of Electrical Motors
and Pumps as shown in the table below.
Moline Electric is located in Atlantic Beach and has been our contractor for the past six years.
Moline Electric is familiar with our equipment and facilities, is a highly competent contractor, and has
routinely provided excellent service in a very timely manner.
While annual savings by using Westside Electric is estimated to be potentially $1,900 (based on last
year's actual repair expenditures), Moline Electric's close proximity to City facilities and familiarity
with City equipment outweighs these potential savings by eliminating a learning curve and providing
quicker service for critical components (due to proximity).
Industrial Equipment Moline Electric Westside Electrical
Services & Repair, Inc. Industrial Services
Machinist $25.00/hr. $24.50/hr. $24.00
Motorman $25.00/hr. $24.50/hr. $24.00
All-Around Teclmician $28.00/hr. $28.50/hr. $28.00
Overhead and Profit% 15% 15% 15%
Overhead and Profit $ $11.70 $11.63 $11.40
Total Hourly Amount $89.70 $89.13 $87.40
Premium for Weekend or 50% 50% 45% Holiday Work%
BUDGET: A total of$70,000 is budgeted in the following accounts:
--$40,000 in Sewer Collection account 410-5506-535-3400
--$30,000 in Sewer Treatment account 410-5508-535-3400
RECOMMENDATION: Award Bid #1617-01 to Moline Electric for a term of 5 years,
with an option to cancel after the 3rd and 4 111 years.
ATTACHMENTS: Bid Analysis
Bids are on file with the City Clerk
REVIEWED BY CITY MANAGER: __ ft~~-=(/;_-"'~~"L..-6;2~CM.A~~ ...... --------
City of Atlantic Beach-Bid No. 1617-01
Multi Year Contract for Repair of Electrical Motors and Pumps
Bid Analysis
Industrial Equip. & Repair
Position Hourly Rate
Machinist $25.00
Motorman $25.00
All-Around Technician $28.00
Sub-Total $78.00
Profit & Overhead % 15%
Profit & Overhead Amount $11.70
Total $89.70
Premium Weekend & Holiday Rate % 50%
Moline Electric
Hourly Rate
$24.50
$24.50
$28.50
$77.50
15%
$11.63
$89.13
50%
Westside Electric Industrial
Services
Hourly Rate
$24.00
$24.00
$28.00
$76.00
15%
$11.40
$87.40
45%
AMENDED AGENDA ITEM 4F
OCTOBER 24, 2016
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF JACKSONVILLE
AND
CITY OF ATLANTIC BEACH
FOR
JOINT OPERATION OF DUTTON ISLAND PRESERVE
TIDS MEMORANDUM OF UNDERSTANDING ("MOU"), by and between the CITY
OF JACKSONVILLE, a municipal corporation and political subdivision of the State of Florida
with its principal office at 117 West Duval Street, Jacksonville, Florida 32202 (hereinafter "COJ"),
and CITY OF ATLANTIC BEACH, a municipal corporation and political subdivision of the State
of Florida with its principal office at 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter
"COAB"), is entered into effective the __ day of , 2016 (the "Effective
Date"), for joint operation of the Dutton Island Preserve and Expansion Property (the "Project").
WITNESSETH:
WHEREAS, COAB owns certain real property at 1600 Dutton Island Road West, Atlantic
Beach, FL 32233, consisting of 31 acres, more or less, commonly referred to as Dutton Island
Preserve; and as more particularly delineated and described in Exhibit A, attached hereto and
incorporated herein by this reference (the "COAB Property"); and
WHEREAS, COJ owns certain real property at 793 Dutton Island Road West, Jacksonville,
Florida 32233, consisting of 276 acres, more or less, commonly known as the Dutton Island
Expansion Property, which includes much of the adjacent tidal marsh and the north end of Dutton
Island Preserve as more particularly delineated and described in Exhibit B, attached hereto and
incorporated herein by this reference (the "COJ Property"); and
WHEREAS, COAB has been allowed to build and maintain facilities and amenities on the
COJ Propeny without an officially recorded agreement between COJ and COAB being in place; and
WHEREAS, COAB wishes to build and maintain additional facilities and amenities and
establish wetland creation areas on the COJ Property; and
WHEREAS, COAB provides maintenance assistance on COJ Property; and
WHEREAS, COJ and COAB believe that the Project will prove beneficial to the health,
welfare, and enjoyment of citizens of, and visitors to COJ and COAB; and
WHEREAS, it is in the mutual interests of COJ and COAB to work together on the Project
for the benefit and enjoyment of members of the general public, without discrimination as to age,
religion, disability, marital status, national or ethnic origin, gender, creed, color, or race; and
WHEREAS, COJ and COAB wish to enter into this MOU in order to provide for the Project
and to establish their respective duties, responsibilities, and obligations with respect to the Project
and the COJ Property;
NOW, THEREFORE, for and in consideration of good and valuable consideration,
including, but not limited to, the covenants, conditions, and terms hereof, the sufficiency and receipt
of said good and valuable consideration being herewith acknowledged by the respective parties, COJ
and COAB stipulate and agree as follows:
l. Recitals. The recitals set forth herein are accurate, correct, true, and incorporated
herein by this reference.
2. Definitions. As used in this MOU, the words defined immediately below shaH have
the meaning stated next to same. Words imparting the singular number include the plural number
and vice versa, and the male gender shall include the female gender and vice versa unless the context
clearly requires otherwise.
(a) "Governmental Requirement" means any permit, law, statute, code, rule,
regulation, ordinance, order, judgment, decree, writ, injunction, franchise, condition, certificate,
license, authorization, or other direction or requirement of any governmental and/or regulatory
national, state, or local entity with jurisdiction over COJ, COAB, and/or the COJ Property.
Governmental Requirements shall include all applicable, relevant, or appropriate Florida statutes and
Jacksonville ordinances, including without limitation any regulation found in the Florida
Administrative Code and regulations or rules now existing or in the future enacted, promulgated,
adopted, entered, or issued, both within and outside the present contemplation of the respective
parties to this transaction.
(b) "Hazardous Materials" means any flammable explosives, radioactive
materials, hazardous materials, hazardous wastes, asbestos, radon, petroleum products, hazardous or
toxic substances, or related materials, including without limitation those defined in:
(i) the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.);
(ii) the Hazardous Materials Transportation Act, as amended (42 U.S.C. §
1808 et seq.);
(iii) the Resource Conservation and Recovery Act of 1976, as amended ( 42
U.S.C. § 690 l et seq.);
(iv) regulations adopted and publications promulgated pursuant to the
foregoing;
(v) any other Governmental Requirement; and
(vi) any other material the use, release, disposal, or presence of which may
result in liability under any Governmental Requirement or common law action.
(e) "MOU" means collectively this MOU and any and all exhibits hereto,
including any amendments or addenda which may supplement, modify, or amend same.
(f) "Section" means the numerical sections of this MOU and the respective
subsections thereof. Each respective section begins with a numerical number and a capitalized
2
(ii) any and all claims, suits, demands, judgments, losses, costs, fines,
penalties, damages, liabilities, and expenses (including all costs of cleanup, containment, or
other remediation, and all costs for investigation and defense thereof, including but not
limited to court costs, reasonable expert witness fees, and attorney's fees) arising from or in
connection with: actions or activities of COAB, including but not limited to its agents,
affi1iates, or assigns ("Parties") that result in a violation of any environmental law, ordinance,
rule, or regulation or that leads to an environmental claim or citation or to damages due to
COAB's or other Parties' activities; any environmental, health, and safety liabilities arising
out of or relating to the operation or other activities performed in connection with this MOU
by COAB or any Party at any time on or prior to the Effective Date; or, any bodily injury
(including illness, disability, and death, regardless of when any such bodily injury occurred,
was incurred, or manifested itself), personal injury, property damage (including trespass,
nuisance, wrongful eviction, and deprivation of the use of real property), or other damage of
or to any person in any way arising from or allegedly arising from any hazardous activity
conducted by COAB or any Party. Any remedial action and any proceeding relating to an
environmental claim shall be the responsibility of COAB;
(iii) any and all claims, suits, demands, judgments, losses, costs, fines,
penalties, damages, liabilities, and expenses (including all costs for investigation and defense
thereof, including but not limited to court costs, reasonable expert witness fees, and
attorney's fees) arising from or based upon the violation of any federal, state, or municipal
Jaws, statutes, resolutions, or regulations by COAB or those under its control;
(iv) any and all claims, suits, demands, judgments, losses, costs, fines,
penalties, damages, liabilities, and expenses (including all costs for investigation and defense
thereof, including but not limited to court costs, reasonable expert witness fees, and
attorney's fees) which may be incurred by, charged to, or recovered from any of the
foregoing, arising directly or indirectly out of: any breach of any representation or warranty
made by COAB in connection with this MOU or in any certificate, document, writing, or
other instrument delivered by COAB pursuant to this MOU; or, any breach of any covenant
or obligation of COAB set forth in this MOU or any other certificate, document, writing, or
other instrument delivered by COAB pursuant to this MOU;
(b) The indemnifications contained in Subsection 4(a), above, are separate and
apart from, and are in no way limited by, any insurance provided pursuant to this MOU or otherwise.
This Section 4 relating to indemnification shall survive the term of this MOU and any holdover
and/or extension thereto, whether such term expires naturalJy by the passage of time or is tenninated
earlier pursuant to the provisions of this MOU.
(c) The indemnifications given by COAB are subject to the provisions and
limitations of Section 768.28, Florida Statutes, and shall not be construed as, and are not, a further
waiver of COAB's sovereign immunity beyond the limited legislative waiver thereof in Section
768.28, Florida Statutes ..
5. Title to Property. Title to the COJ Property shall remain vested with COJ, subject to
the covenants, conditions, and terms of this MOU, and COAB shall have no interest in the title to the
COJ Property. Any improvements made to the COJ Property shall be vested with COJ, which shall
have the title thereto, subject to the covenants, conditions, and terms of this MOU. COJ shall always
4
(ii) if a party shall fail to act in good faith to commence and undertake
performance within such thirty (30) day period to cure a non-performance which cannot be
cured within the initial thirty (30) day period and such party shall designate in writing the
reasonable time period to cure such non-performance and its intent to do so; or
(iii) a party, having commenced to undertake such performance within the
initial thirty (30) day period, shall fail to diligently proceed therewith to completion within
the designated reasonable time period to cure such non-performance.
(b) If an event of default shall occur and be continuing for thirty (30) days, then
the non-defaulting party shall have the right to terminate and cancel this MOU by giving to the
defaulting party not less than thirty (30) days' written notice of such termination and canceilation,
and upon the expiration of the time fixed in such notice, this MOU shall terminate and the parties
shall be released from all obligations under this MOU which do not specifically survive its
termination. The foregoing remedy shall not be the exclusive remedy for either party to this MOU.
8. Licenses and Permits. COAB will be responsible for obtaining, in the name ofCOJ,
COAB, or otherwise, all licenses, permits, inspections, and other approvals necessary for operation
of the Project. COJ shall cooperate with COAB in obtaining all such licenses, permits, inspections,
and other approvals, including but not limited to supplying information and executing applications,
forms, or other documents necessary for same.
9. Force Majeure. If COJ or COAB shall be delayed in, hindered in, or prevented from
the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability
to procure muteriaJs, failure of power, restrictive governmental laws, regulations, or actions, war,
riots, insurrection, the act, failure to act, or default of the other party, or other reason beyond such
party's reasonable control (excluding the unavailability of funds or financing), then the performance
of such act shall be excused for the period of the delay and the period for the performance of any
such act as required herein shall be extended for a period equivalent to the period of such delay.
10. Miscellaneous:
(a) Notices. Any and all notices which are permitted or required in this MOU
shall be in writing and shall be duly delivered and given when personally served or mailed to the
person at the address designated below. If notice is mailed, the same shaJI be mailed, postage
prepaid, in the United States mail by certified or registered mail -return receipt requested. Notice
shall be deemed given on the date of personal delivery or mailing and receipt shall be deemed to
have occurred on the date of receipt. In the case of receipt of certified or registered mail, the date of
receipt shall be evidenced by return receipt documentation. Failure to accept certified or registered
mail shall be deemed a receipt thereof within ten (1 0) days after the first noti.ce of delivery of the
certified or registered maiL Any entity may change its address as designated herein by giving notice
thereof as provided herein.
If to COJ: Office of the Director
Department of Parks, Recreation and Community Services
214 North Hogan Street, Fourth Floor
Jacksonville, Florida 32202
6
EXHIDITA
Legal Description of Dutton Island Preserve
10
Book 10824 Page 2120
shall be conveyed to the Board of Trustllle» of the Internal
Improvement Trust Fund. The FCT shall treat such property in
accordance'with section 380.50S(4) (e), Florida Statutea.
2. Any transfer ot the·Project Site shall be subject to the
approval of FCT and FCT shall enter into a nev agreement vith the
transterea, containing such covenants, clau111es, or other
restrictions as are sufficient to protect the interest of the
people of Florida.
3. The interest, i! any, acquired by the FCT Recipient in
the Project site will no:t set-va u liUIICUrity for any debt of the FCT
Recipient unlass FCT approves the tranaaction.
4. If the existence of the FCT Recipient terminates for any
reason, titl• to all interest in real property it has acquired with
the FCT award shall be conveyed to the Board ot TrUstees ot the
:rnta:rnal Improvement Trust Fund, unless FCT negotiates an aqreuent
with another local goverrnaent or nonprofit organization which
airees to accept title to all interest in and to manaqe the Project
S te. . ·
s. In the avent that the Project Site is damaqad or
destroyad or title to the Project Site, or any part thereof, is
taken by any governmental ~ody through the exerciae or the threat
of the exercise of the power of eminent domain, the FCT Recipient
shall deposit with the FC'r any insurance proceeds or any
condemnation awarcl, and shall promptly cooence to rebuild,
replace, repair or restore the Project Site in such manner as is
consistent with the Agroament. The FCT shall lllake any such
insurance proceeds or condemnation award moneys ·available to
provide funda for such restoration work. In the event that the FCT
Recipient tails to commence or to complete the r~uilding, repair,
replacement or restoration of the Project Site after notice from
the FCT, the FCT shall have the right, in addition to any other
remedies at law or in equity, to repair, restore, rebuild or
replace the Project site so as to prevent the occurrence of a.
default hereunder.
Notwithstanding any of the foregoing, FCT will have the right
to 5eek specific performance ot any of the covenants and
restrictions of this Agree111ent concerning the construction and
operation of the Project site.
III. I'AOJliC': 8ITJ: OllLIGATIONS IHPOBlrD BY J'Cf Oil '1'U J'C!r UCIPIIJIT.
1. ~e Project Site shall be managed only for the
conservation, protection and enhancement of natural and historical
re~ources and for passive, natural resource-based public out~cor
recreation which is compatible vith the conservation, protection
and enhancement of the Project Site, along with other related uses
GAA\95 .. 05S-P56
OB-28-1997
Exhibit .8 r_:f_ of 2 I )
Doc i 2005469419, OR BK 12971 Page 2178, Number Pages: 2, F~led & Recorded
12/29/2005 at ll: 42 AM, JIM FULLER CLERK CIRCUIT COURT OtNAL COUNTY RECORDING
$18.50
This lnncumcnt Prrp3rcd Dy:
Peter Fodor, Florid3 Counsel
The Trust for Public umd
306 Nonh Monroe Sit..: I
T~llahasm, FL 32301
PIO!Xll)' Appr:o.iser P3rc¢l
ldeouficQUon Numboc(s): 169393·6000-7
QUIT ClAIM DEED
THIS QUIT -CLAIM DEED made and executed thls.S..:' day of December, 2005 by THE
TRUST FOR PUBUC LAND, a nonprofit California corporation, whose address Is 305 N.
Monroe Street, Tallahassee, Rorida 32301, GRANTOR. to THE CITY OF JACKSONVILLE, a
body poiiHc and corporate within Duval County. Florida, the address of which Is City Hall, St.
James Building, 117 West Duval Street, Suite 400, Jacksonville, Florida 32202, GRANTEE.
(Wherever used herein the terms ·Grantor' and 'Grantee' shall Include singular
and plUJal, heirs, legal represenlatives and assigns of Individuals and the
successors and assigns of corporations and public bodies, wherever the context
so admits or requires.)
WITNESSETH, That the said Grantor, for and In consideration of the sum or ONE
DOLLAR ($1.00) in hand paid by the Grantee, the receipt whereof Is hereby acknowledged,
does hereby remise, release and quit-claim unto the Grantee, its successor and assigns forever,
a!l the right, title, and Interest of the Grantor In and to the real property located in Duval County,
Florida. to wit;
07·25·29E G5H
PT GOVT LOT 4 RECO 0/R 9687, PG 555
BEING PARCEL A-3
TO HAVE AND TO HOLD the same together wllh all and singular the appurienances
!hereunto belonging lo In anywise appertaining, and all the eslate, right, title, Interest, lien,
equity and claim whatsoever of the said Grantor either In law or equity, to the only proper use,
banerrt and behoof of the said Grantee forever over the real property described herein.
THIS INSTRUMENT IS EXEMPT FROM DOCUMENTARY STAMP TAXES PURSUANT TO
CHAPTER 201.02{6), FLORIDA STATUTES.
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.
S~J..<pl\l'roJo:tt·Flond•'..(ll'EN·lwes ond ctl>a\Stbi<u-Krul<\S>bi<o\(}olll Cwm Dttd.lloc
Approved IIY.IOOO
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Continuation of Grant Writing Services
Nelson VanLiere, City Managerc/3)
October 19, 2016
None
AMENDED AGENDA ITEM 4H
OCTOBER 24, 2016
BACKGROUND: During the budget workshops this year, the Commission indicated a desire to
continue the services of Langton Associates, Inc. for the City's grant-writing needs. Langton
Associates, Inc. has agreed to a renewal of its contract with the same terms and conditions of the
current contract with the Public Records Provisions added. The services that Langton
Associates, Inc. provides to the City are as follows:
• In-Depth Needs Assessment and Strategic Grants Plan
• Determination of Relevant Funding Sources
• Preparation and Submission of Grant Applications
• Technical Assistance on Grant Administration
• Personalized Grant Research and Consultation
• Intergovernmental Relations with Federal and State Governments
• Provide a Semi-Weekly E-Mail Grant Alert
RECOMMENDATION: Authorize the City Manager to enter into a new one-year agreement
with Langton Associates, Inc., a copy of which is attached.
ATTACHMENTS: Consulting Agreement for a term of one (1) year, commencing October 1,
2016 and ending September 30, 2017.
BUDGET: $36,000, which is contained in the 2016-2017 budget.
1
CONSULTING AGREEMENT
AMENDED AGENDA ITEM 4H
OCTOBER 24, 2016
This consulting agreement made on this_ day of October, 2016, by and between Langton
Associates, Inc., hereinafter referred to as "Langton", and the City of Atlantic Beach, hereinafter
referred to as "Client" on the following terms and conditions:
RECITALS
WHEREAS, Langton is a Florida corporation engaged in the business of offering
governmental consulting support to municipalities, counties, other governmental bodies and non-
profit corporations, and
WHEREAS, Client is in need of professional services of consulting for the purpose of
obtaining various governmental grants and assistance offered by various governmental agencies
and bodies, and
WHEREAS, the parties are desirous to enter into this contract, to establish a contractual
relationship and set up the fees to be charged by Langton to Client for the services rendered and
to establish the guidelines for consulting work to be performed.
IT IS THEREFORE agreed as follows:
1. Langton agrees to provide professional consulting services to Client for the term of
one (1) year, commencing October 1, 2016 and ending September 30, 2017. Langton agrees to
exercise its best efforts to obtain governmental grants and benefits for client. It is understood,
however, that Langton cannot guarantee results that any certain amount of funds will be obtained
for Client.
2. Pursuant to this agreement Langton agrees to provide specific services as follows:
• In-Depth Needs Assessment and Strategic Grants Plan
• Determination of Relevant Funding Sources
• Preparation and Submission of Grant Applications
• Technical Assistance on Grant Administration
• Personalized Grant Research and Consultation
• Intergovernmental Relations with Federal and State Governments
• Provide a Semi-Weekly E-Mail Grant Alert
3. In exchange for Langton performing these services as established herein and devoting
his time, Client agrees to pay Langton professional fees in the amount of $36,000, in 12 monthly
installments of$3,000.
4. In conjunction with services relating to Client, the Client agrees to pay expenses of
Langton. This shall include, but not be limited to, travel expenses, which shall be air expense on
2
AMENDED AGENDA ITEM 4H
OCTOBER 24, 2016
coach flights, car rental, hotel (at commercial rates) and food (maximum of $25.00 per person
per day). Langton will submit the invoice for these expenses which shall be paid by the lOth day
of the following month after submission of the expense report by Langton. Langton will not
incur travel expenses without approval of Client.
5. Langton agrees to devote the necessary time and performance of his duties for Client.
Inasmuch as the professional services rendered are of a subjective nature subject to differences of
opinion, mutual confidence and respect are necessary. Accordingly, this contract can be
terminated by either party without cause upon giving of a thirty (30) day notice as follows:
A. As to Langton:
4830 Atlantic Blvd.
Jacksonville, Florida 32207
B. As to Client:
800 Seminole Road
Atlantic Beach, FL 32233
6. Should litigation be necessary to enforce any provision of this agreement then the
prevailing party shall be entitled to recover a reasonable attorney's fee from the other side.
ATTEST: LANGTON ASSOCIATES, INC.
BY: ________ _
Michael Langton, President
ATTEST:
BY:
------~--~-------Nelson Van Liere, City Manager
City of Atlantic Beach
3
PUBLIC RECORDS PROVISIONS
FOR ALL CONTRACTS AND AMENDMENTS
Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida
Section ,S , ~ . Public Records
AMENDED AGENDA ITEM 4H
OCTOBER 24, 2016
(a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO TIDS CONTRACT, CONTACT DONNA BARTLE,
THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS
AT (904) 247-5809, DBARTLE@COAB.US, 800 SEMINOLE ROAD,
ATLANTIC BEACH, FLORIDA 32233.
(b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records
laws, specifically to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by the
public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate
public records that are exempt or confidential and exempt for public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
(c) Failure to provide the public records to the public agency within a reasonable time may
subject the contractor to penalties under s. 119.10 and s. 119.0701(4), Florida Statutes.
Note: Section (a) above must be in at least 14-point boldfaced type
4
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY COMMISSION MEETING
STAFF REPORT
Appointments to the Code Enforcement Board
Donna L. Bartle /JWJ
City Clerk
October 18, 2016
AMENDED AGENDA ITEM SA
OCTOBER 24, 2016
The Board Member Review Committee (BMRC) met on Monday,
October 17, 2016 to address the four vacancies (three regular
members and one alternate member) on the Code Enforcement Board.
At that meeting, the Committee made the following
recommendations:
1) Recommend reappointing Louis Keith and Richard Lombardi to
the Code Enforcement Board for an additional term beginning
immediately and ending September 30, 2019,
2) Recommend appointing Ellen Glasser to the Code Enforcement
Board as a regular member for a term beginning immediately and
ending September 30,2019, and
3) Recommend appointing Mike Paschall to the Code Enforcement
Board as an alternate member for a term beginning immediately
and ending September 30, 2019.
On October 18, 2016, Mr. Paschall notified the City Clerk to
withdraw his application.
RECOMMENDATION: 1) Reappoint Louis Keith and Richard Lombardi to the Code
Enforcement Board for an additional term beginning immediately and
ending September 30, 2019, and 2) Appoint Ellen Glasser to the Code
Enforcement Board as a regular member for a term beginning
immediately and ending September 30, 2019.
ATTACHMENTS: Minutes of BMRC Meeting of October 17,2016
Application ofEllen Glasser
AMENDED AGENDA ITEM SA
OCTOBER 24, 2016
The Committee discussed the new candidates and made the following recommendations:
Motion: Recommend appointing Ellen Glasser to the Code Enforcement Board as a regular
member for a term beginning immediately and ending September 30, 2019.
Moved by Lada, seconded by Brotman
Motion carried unanimously
Motion: Recommend appointing Mike Paschall to the Code Enforcement Board as an alternate
member for a term beginning immediately and ending September 30, 2019.
Moved by Lada, seconded by Brotman
Motion carried unanimously
Mr. Keith and Mr. Paschall joined the meeting after the votes were taken and Chairman Stinson
updated them on the recommendations made.
4. Other Business.
Chairman Stinson gave an update on his plans to hold a meeting with the Chairs of each Board.
Mr. Brotman suggested that the Committee use their electronic devices to access their packet and
eliminate the printed agenda packets. The Committee agreed to rely on electronic packets.
Adjournment
There being no other business, the meeting adjourned at 7:28p.m.
John M. Stinson
Chairman
Draft-Minutes of the Board Member Review Committee Meeting on October 17, 2016 Pagel of2
AGENDA ITEM:
SUBMITTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Waiver No. 16-SAFW-241.
AMENDED AGENDA ITEM SA
OCTOBER 24, 2016
Request for a Waiver to allow a fmish floor elevation of 6.75 feet, in lieu of
the minimum 7.5 feet as required by Code of Ordinances, Section 24-25l(c),
at 1201 Gladiola Street.
Dan Arlington, Building Official ~
DATE: October 17, 2016
STRATEGIC PLAN LINK: None
BACKGROUND: A Building Permit was issued, subject to a FFE of 8.5 ft. 7.5 ft. is the
minimum acceptable. Apparently, there was a miscommunication
between the builder and the surveyor. The surveyor provided a
benchmark at 6.60 ft., to which 1.9 ft. should have been added to
achieve 8.5 ft. The builder believed that the benchmark was the actual
FFE and built only slightly higher (6.75 ft.)
This dwelling is in an AE Flood Zone, with a minimum Base Flood
Elevation (BFE) of 5 ft. The minimum BFE will be raised to 6 ft. with
the new FEMA maps. The as-built FFE of 6.75 ft. is above the new
BFE and complies with cunent and future FEMA requirements.
The 6.75 ft. FFE does not comply with local Ordinance, Section 24-
251(c). The minimum FFE in Atlantic Beach is 7.5 ft. and an
additional 2.5 ft. (Freeboard) is required above the FEMA BFE in a
flood zone. Both provisions result in a minimum 7.5 ft. FFE.
The as-built FFE is .75 ft. (9 inches) too low, per COAB, Section 24-
251 (c). The Applicant is seeking relief from this requirement.
Note: Section 24-251(c) actually states "All lots and building sites
shall be developed such that habitable space is constructed at a
minimum finished floor elevation of eight and one-half (8.5) feet
above mean sea level...". This Section was written in 2010, using
Vertical Datum National Geodetic Vetiical Datum of 1929 (NGVD,
1929). The cmTent FEMA maps, effective June 3, 2013, changed the
vetiical datum to Nmih American Vetiical Datum of 1988 (NAVD,
1988). The "8.5 feet" specified in COAB Code is in NGVD, 1929.
The conversion from NGVD to NAVD is -1.09 feet. For ease of use,
we specify 8.5 feet, NGVD is equivalent to 7.5 feet, NA VD.
BUDGET: None
AMENDED AGENDA ITEM SA
OCTOBER 24, 2016
RECOMMENDATION: To get Commission consensus to move Waiver No. 16-SAFW-241
forward to a public hearing on November 14,2016.
ATTACHMENT: Copy of Application for Land Development Regulations Waiver No.
16-SAFW -241 and COAB, Section 24-251; Photo of subject dwelling
with high-water mark, taken on October 8, 2016.
REVIEWED BY CITY MANAGER:_--n __ , _U;_Oe--1 _ __,;;7£::....__CV1.,(_-=--· __
Sec . 24-251. -General requirements.
AMENDED AGENDA ITEM SA
OCTOBER 24, 2016
All required improvements shall be designed by a Florida registered professional engineer.
Construction plans shall be prepared in accordance with applicable local, state and federal standards.
Construction plans shall be approved by the city prior to construction of improvements, and issuance of a
building permit shall constitute approval to commence development. The requirements within this division
shall apply to all improvements and all development, as set forth herein, including improvements within
subdivisions, planned unit developments, approved site plans, and any other development projects,
including individual lots and parcels, where applicable. Construction plans shall address each of the
following requirements and shall provide sufficient information to demonstrate compliance with all
applicable requirements of these land development regulations, the Florida Building Code and any other
applicable state or federal regulations .
(a) Conformity to city policies. The division and development of land subject to these regulations shall
be in conformance with the goals, objectives and policies of the comprehensive plan as well as
all other applicable local , state and federal requirements regulating the division and development
of land .
(b) Use of natural features . The arrangement of Lots and blocks and the street system shall make
the most advantageous use of topography, shall preserve mature trees, other natural features
and environmentally sensitive areas, wherever possible.
(c) Soil and flood hazards. A final subdivision plat shall not be approved unless all land intended for
use as building sites can be safely and reasonably used for building purposes without danger
from flood or other inundation, or from adverse soil or foundation conditions, or from any other
menace to health, safety or public welfare. In particular, lands that are within the 1 00-year flood-
prone areas , as designated by the Federal Emergency Management Agency, Federal Insurance
Administration, shall not be subdivided and developed until proper provisions are made for
protective flood control measures and stormwater management facilities necessary for flood-free
access to the sites. All lots and building sites shall be developed such that habitable space is
constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean sea
level or with two and one-half (2.5) feet freeboard, whichever is greater.
Flood protection provisions shall be approved by the designated administrative official to assure
that fill or grade level changes will not alter the natural drainage or adversely affect other areas
downstream through added runoff or adverse impacts to water quality.
(d) General construction methods. All design and construction methods shall conform to the
requirements of these land development regulations and all design and construction standards
referenced therein including , but not limited to : Florida Department of Transportation Drainage
Design Manual, Standard Specifications for Road and Bridge Construction, Manual of Uniform
Minimum Standards for Design, Construction and Maintenance of Streets and Highways.
(e) Paving and drainage engineering plans shall demonstrate compliance with the stormwater
management provisions of section 24-66 of these land development regulations depicting all
necessary elevations, treatment of intersections , design grade of pavement, the width of right-of-
way, width and type of pavement. Topographic information depicting existing and proposed
ditches , swales, major drainage channels and other drainage facilities and systems shall also be
provided.
(1) Typical sections showing details of proposed pavement, sidewalk, wearing surfaces, curbs,
swales, canals, shoulders, slopes, drainage structures and other items of major construction .
(2) Profile sheets of all Streets and underground structures to be constructed, together with
elevations shown for existing streets and utilities.
(3) A written design recommendation for asphalt and base course designs prepared by a Florida
licensed geotechnical engineer based on field testing of existing soils . Said design
Page 1
AMENDED AGENDA ITEM SA
OCTOBER 24, 2016
recommendation shall be submitted prior to the commencement of any street construction
or any construction of stormwater management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion control barriers will be
required to prevent erosion and displacement of soil or sand, and shall be shown on paving
and drainage engineering plans, and shall be inspected and certified by a qualified erosion
and sediment control inspector prior to the commencement of any land clearing or
development.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Page 2
:'l''\D.\ Y :\ll>:"'D \ Y
2 3 4
10 11
16 17 18
23 24 25
Acoustic Nights Commis sion Mtg
6 -8 pm 6:30pm
Bull Park (Lnvoc-Waters)
Videotape d
30 31
MAYOR AND COMMISSION
October 2016
'II J::'D.\ Y \\U)'\J::-;D \Y Tlll.R:'D \ Y
5 6 7
12 13 14
19 20 21
26 27 28
I·RID.\Y
Due Date fo r
ll/14
Agenda ]terns
AGENDA ITEM 9A
OCTOBER 24, 2016
~.\TL'RD .\Y
1
8
15
22
Campout Under
the Stars
Russel l Park
29
SL'~D.\Y .\IO~D .\ Y
6 7
Sea& Sky
Air Show
13 14
Commission Mtg
6:30pm
(Invoc-Reeves)
Videotaped
20 2 1
Song\\riters .
Concert
6-8 pm
Adele G rage
T 28
Commission Mtg
6:30pm
(Invoc-Stinson)
Videotaped
MAYOR AND COMMISSION
November 2016
TL"I::SD.\ Y \\"ED>:E~D:\ Y THl'R~D .-\ Y
1 2 3
8 9 10
N ewsle tter Due Due Date for
I
(Harding) 11 /28
Agenda Items
I ts 16 17
22 23 24
Due Date for City Offices
12/12 Closed
Agenda Items
29 3 0
FRID.\Y
4
11
Veterans Day
City Offices
Closed
18
25
City Offices
Closed
AGENDA ITEM 9A
OCTOBER 24, 2016
S.\"J1.'RD.\Y
5
Sea& Sk)
Air Show
12
19
26
SL-~D.\Y .\10.:-.:D.\ Y
4 5 6
Acoustic Night
3-5 pm
Johansen Park
11 12 13
C o mmission Mtg
6:30pm
(lnvoc-Hill)
Videotaped
18 19 20
Songwriters'
Concert
6-8 pm
Adele Grage
25 26 2 7
City Offices
Closed
MAYOR AND COMMISSION
December 2016
Tl"E .. 'D.\ Y \\"ED.:-.:t ·:~D .\ Y TIIL:R:'D.\Y
1
Holiday Artisans'
Faire 5-9 pm
Adele Grage
7 8
Newsletter Due
(Reeves)
14 15
21 22
Due Date for
1/9
Agenda Items
28 29
I~ID .\Y
2
9
16
23
City Offices
Closed
30
AGENDA ITEM 9A
OCTOBER 24, 2016
S.\Tl.RD .\ Y
3
Tree Lighting
3 -8 pm
To\-\n Center
10
r
24
31