Agenda Packet 04-26-04 CITY OF ATLANTIC BEACH
COMMISSION MEETING APRIL 26, 2004
' AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of April 12, 2004
' 2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
fr A. City Manager's Follow-up Report
' 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. Proclamation declaring April 26-30, 2004 as Records and Information
' Management Week
B. Approve the purchase of a mini-excavator with trailer from Duval Pilot
Equipment Outfitters at a cost of$31,080 (Bid No. 0304-11)
' C. Award annual contract for Electric Motor and Pump Repair to Industrial
Equipment Services(Bid No. 0304-13)
D. Award annual contract for Palm Tree Trimming to American Landcare (Bid No.
0304-14)
5. Committee Reports
' 6. Action on Resolutions
7. Action on Ordinances
A. Ordinance No. 52-04-03 Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
' AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY
ORDINANCE NO. 95-90-48, AS AMENDED, SAID ORDINANCE NO. 31-04-
03 WHICH SHALL CHANGE THE LAND USE DESIGNATIONS AS
' ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR
LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO
RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL
' RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS
JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS
OF CONSISTENCY; . FINDINGS OF FACT, SEVERABILITY;
' RECODIFICATION AND AN EFFECTIVE DATE (This item has been
withdrawn at the request of the applicant)
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B. Ordinance No. 52-04-02 Public Hearing and First Reading
' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO. 52-04-02,
REZONING LANDS AS DESCRIBED HEREIN TO PUD (PLANNED UNIT
' DEVELOPMENT); PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING
RECORDATION; AND PROVIDING AN EFFECTIVE DATE (This item has
' been withdrawn at the request of the applicant)
C. Ordinance No. 10-04-22 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING THE CODE OF ORDINANCES
FOR THE CITY OF ATLANTIC BEACH, CHAPTER 3, ALCOHOLIC
BEVERAGES TO REPEAL AND REPLACE SECTIONS 3-1 THROUGH 3-11
WITH NEW SECTIONS 3-1 THROUGH 3-9, PROVIDING DEFINITIONS
AND ESTABLISHING REGULATIONS FOR THE LICENSING AND SALE
' OF ALCOHOLIC BEVERAGES; ESTABLISHING APPROPRIATE BUSINESS
LOCATIONS FOR ON-PREMISE AND OFF-PREMISE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES; AND REGULATING THE
tCONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES UPON
PUBLIC PROPERTY; PROVIDING FOR RECORDATION AND PROVIDING
' AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Discussion and related action regarding off-site open house signs(Mayor)
' B. Authorize the City Manager to execute a contract with the Atlantic Beach Athletic
Association(City Manager)
C. Authorize the Mayor to sign the grant application and all related paperwork for
' the 2003-04 FDOT grant (City Manager)
D. Award a contract to GAI Consultants in the amount of$49,970.19 for the
' Mayport Road Median Study, and authorize the City Manager to sign the contract
(City Manager)
E. Approve Preliminary Plat for Cornell Two Subdivision and a request for a
Subdivision Waiver by Beaches Habitat for Humanity to allow new residential
lots with width of less than seventy-five (75) feet at the Building Restriction Line
and less than 7,500 square feet of lot area(City Manager)
' 9. City Manager
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
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' If any person decides to appeal any decision made by the City Commission with respect to any matter considered at
any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the
' appeal is to be based.
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Any person wishingspeak to the City Commission on any matter at this meeting should submit a request to the
to P
City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the
Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,
Friday, April 23,2004.
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MINUTES
REGULAR CITY COMMISSION MEETING
APRIL 12, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tern Beaver City Clerk Maureen King
' Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The invocation,
given by the Mayor was followed by the Pledge of Allegiance to the Flag.
' Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of March 22,
2004
' Motion: Approve Minutes of the Regular Meeting of
March 8, 2004, as presented.
' Moved by Simmons, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
' Nay: 0
MOTION CARRIED
' 2. Courtesy of the Floor to Visitors
Mimi Ames of 1614 Park Terrace West stated that she had attended the
Community Development Board Meeting on February 20, 2004 when
Prosser and Hallock made their presentation, on behalf of Bridge Tenders,
for the development of Johnston Island into the Atlantic Beach Yacht Club.
' She indicated that she was happy that the Board recommended denial of the
request to rezone the property from Conservation to Residential and the
PUD associated with the requested rezoning.
' She indicated her opposition to the Atlantic Beach Yacht Club development
due to the additional traffic and possible pollution the proposed marina
' would cause. Ms. Ames urged the Commissioners to deny the request that
would be coming before them at the next meeting and preserve the small
town atmosphere of Atlantic Beach.
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April 12.2004 REGULAR COMMISSION MEETING Page 2
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Alan Potter of 374 Second Street commended staff for finishing the
striping of Ocean Boulevard in such a timely manner. Mr. Potter stated he
was opposed to the issuance of revenue refunding bonds (Item 8B). He
believed there would be too many costs associated with the refunding and
:11 the city would not save any money.
Dane Smith of 620 Paradise Court expressed concerns relative to Code
Enforcement issues on the west side of Mayport Road. Mr. Smith reported
that piles of trash had remained on several sites for a long period of time
and he inquired if something could be done about the continual problem.
He also requested that consideration be given to planting trees in the
neighborhoods west of Mayport Road. Mr. Smith urged a Commissioner to
meet with him to discuss the problems.
Steven Kuti of 1132 Linkside Drive welcomed Rick Carper, the city's new
Public Works Director, and stated that he was happy to see he was an
Atlantic Beach resident.
Mr. Kuti indicated that the ditch at lith Street was well maintained on the
south side of the street but on the north side of the street the ditch was full
of garbage and needed to be cleaned.
Mr. Kuti urged the Commission to maintain the 35' height limitation for
any development they might approve for Johnston Island.
Sally Clemens of 1638 Park Terrace West complimented the
Commissioners on their willingness to preserve the quality of life and
maintain the character of the city. Mrs. Clemens stated that she opposed
changing the zoning on Johnston Island from Conservation to Residential
and opposed any height increase from the current 35' for the proposed
development on the island.
Mrs. Clemens requested that copies of the revised development plans for
the Atlantic Beach Yacht Club be provided to the citizens prior to the April
26th Commission Meeting.
Tom Foppiano of 377 4`h Street thanked those responsible for the
installation of the shower on 4th Street behind the school. City Manager
Hanson stated that it was a public/private endeavor and requested that he
call him in the morning for the information. Mr. Foppiano was directed to
contact the City Manager concerning additional signage for the existing
crosswalk on 4th Street, installation of an additional crosswalk on 4th Street,
I' and animal control issues.
Mr. Foppiano stated he opposed the Johnston Island development for
reasons stated in an e-mail to Commissioner Parsons and indicated that his
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April 12,2004 REGULAR COMMISSION MEETING Page 3
neighbor, Kathleen Smith, wanted the sculpture (Item 3B) to be placed at
the original approved location.
J. P. Marchioli of 414 Sherry Drive stated he had heard the rear(Plaza)
entrance to the Post Office had been approved. He also commented that far
�I more people were killed in automobile accidents in the United States in one
year than the total number of military personnel killed during the Iraq war.
Mr. Marchioli also stated that he was pleased to witness recent traffic
enforcement on Sherry Drive and indicated that more than thirty tickets
were issued for speeding.
Roundabout Study A. Report on Roundabout Study by GAI Consultants
Ron Hoogland, PE, Fraser Howe, PE and Sylvester Asiamah, PE of GAI
Consultants, were introduced. Mr. Howe explained the visual presentation
of the results of the their roundabout feasibility study for the intersection of
Seminole Road, Sherry Drive and Plaza. A copy of the presentation is
attached and made part of this official record as Attachment A.
Mr. Howe explained the safety features of a roundabout, the movement of
traffic through the roundabout, the impact(s) the roundabout would have on
the existing intersection and what it would take to build the roundabout. He
estimated cost to build the roundabout, including design, would be
$530,000.
A question and answer session followed the presentation, with discussion
centering on the ability of fire trucks to access the roundabout and to safely
back into the fire station.
Commissioner Parsons inquired concerning the time to construct the
roundabout. Mr. Howe indicated construction would take approximately
three months, with relocation of utilities taking the most time.
Commissioner Beaver requested that Chief Thompson comment on any
safety concerns he might have regarding the roundabout. Chief Thompson
responded that the intersection was already safe with few accidents. He felt
it would not be convenient for the fire department to back their trucks into
the building. He indicated that whatever was in the middle of the
roundabout would impede movement of the fire truck and would be backed
�!I over by the trucks. Discussion ensued concerning driving the fire trucks
through the rear entrance to the building. Chief Thompson felt this was not
possible because the current fire trucks were much larger than those in use
when the building was designed.
Mayor Meserve commented that word "generally" had been used when
describing the roundabout design as being generally safer than the existing
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April 12,2004 REGULAR COMMISSION MEETING Page 4
all-way-stop and as generally operating more efficiently than intersections
and inquired if the roundabout would make an improvement to an
intersection which experienced few accidents. Mr. Howe responded that it
would be no less efficient or safe.
Mr. Howe pointed out that a 6-8' wide apron for fire trucks and larger
vehicles to drive on would surround the central island of the roundabout,
and the approaches were designed to make vehicles slow down.
Mayor Meserve thanked Mr. Howe and the others for the presentation and
indicated that consideration of the roundabout would be taken up during the
W upcoming budget workshops.
Former Commissioner Steve Rosenbloom of 1417 Beach Avenue
believed the addition of the roundabout would make the area more
attractive. He commended the city gardener for the improvements that have
been made to make the area more aesthetically pleasing.
(A copy of the complete Roundabout Feasibility Study prepared by GAI
Consultants is on file in the office of the City Clerk).
3. Unfinished Business from Previous Meeting
City Manager's A. City Manager's Follow-up Report
Follow-up Report
City Manager Hanson introduced Rick Carper, the city's new Public Works
Director, and stated that his first day of work would be April 19`h. He also
commented on each item of his written report. A copy of the report is
attached and made part of this official record as Attachment B.
Sculpture Location B. Report on sculpture location —Commissioner Parsons
Commissioner Parsons reported that the Atlantic Beach Public Arts
Commission had met and discussed the proposed relocation of the sculpture
and the majority agreed to install the sculpture in the location originally
selected by the Cultural Arts Board.
' Commissioner Beaver inquired as to a time frame for installing the
sculpture. City Manager Hanson indicated that the cement base would have
' to be installed first and allowed to cure before the sculpture could be placed
on the base. He stated he would keep the Commissioners informed of the
progress.
Adding Bricks to C. Report and related action regarding adding bricks to the second
Second Block of Ocean block of Ocean Boulevard
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April 12.2004 REGULAR COMMISSION MEETING Page 5
Utility Director Kaluzniak displayed several options for location of bricks
accents to the second block of the project.
Discussion of the cost for each option ensued and it was reported that no
funds were budgeted for the work and a mid-year budget adjustment would
be required.
Discussion ensued regarding the various options.
Motion: Authorize staff to proceed with Items 1, 2, and 3 as listed in
' the staff report. (Items 1-3 were listed as follows: Installation of brick
around the electric pole on the east side of the street, installation of a brick
strip along the west side of the street and installation of brick around the
BellSouth box).
Moved by Beaver, seconded by Simmons
' Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
' Nay: 0
MOTION CARRIED
' Consent Agenda 4. Consent Agenda
Commissioner Parsons requested that Item B be removed from the Consent
' Agenda for discussion.
A. Acknowledge receipt of Monthly Reports: Building Department
' Activity Report, New Occupational Licenses, and Public Works
and Public Utility Departments Project Status Report (City
Manager)
Motion: Approve Consent Agenda Item A as presented.
' Moved by Waters, seconded by Parsons
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
' Nay: 0
MOTION CARRIED
B. Approve adjustment to the rates in the BFI Contract in
accordance with the conditions of the contract (City Manager)
' Commissioner Parsons inquired concerning the rate increase and when the
service was put out to bid. City Manager Hanson explained that the
increase was a minimal rate adjustment based on the CPI at the anniversary
' of the contract and the solid waste collection was bid two years ago.
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April 12,2004 REGULAR COMMISSION MEETING Pace 6
Commissioner Waters inquired if the level of service was different for
residents living west of Mayport Road. City Manager Hanson responded
that all service levels were the same citywide. He indicated that the
agreement contained an innovative clause whereby the company paid
penalties for failed pick- ups.
Commissioner Simmons commented that BFI provided a much better level
of service than the previous carrier.
Motion: Approve Consent Agenda Item B as presented.
Moved by Waters, seconded by Parsons
1 Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Resolutions 6. Action on Resolutions:
None.
Ordinances 7. Action on Ordinances
None.
Miscellaneous Business 8. Miscellaneous Business
Appointments—Tree A. Appointments to the Tree Conservation Board (2) (City Clerk)
Conservation Board
Mayor Meserve indicated that he wished to reappoint Maureen
Shaughnessy and Charles Carroll to two-year terms on the Tree
Conservation Board.
Motion: Reappoint Maureen Shaughnessy and Charles Carroll to two-
year terms on the Tree Conservation Board.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
April 12,2004 REGULAR COMMISSION MEETING Pa2e 7
Dunlap and Assoc. B. Authorize the City Manager to Negotiate and Execute a
Contract Contract with Dunlap and Associates for Financial Services in
Conjunction with the Proposed Issuance of Refunding Utility
Revenue Bonds (City Manager)
Motion: Authorize the City Manager to negotiate and execute a
contract with Dunlap and Associates for financial services in
conjunction with the proposed issuance of refunding utility revenue
bonds.
City Manager Hanson briefly explained the process and indicted that
entering into an agreement with Craig Dunlap, the city's Financial Advisor,
would allow the city to be ready to sell the bonds as soon as the rates meet
the city's criteria for their sale. Discussion of the costs associated with the
refinancing ensued.
City Manager Hanson believed the city could expect to save at least
$35,000 per year by refinancing the bonds. He indicated that the fee for Mr.
Dunlap's services was contingent on the refunding taking place and if it did
not take place, the city would only have to pay Mr. Dunlap for incidental
expenses which would probably be no more than $1,000.
Commissioner Waters inquired concerning a time limit on the contract.
Finance Director VanLiere stated there was no time limit and the city could
take as long as was needed to obtain the most favorable rate.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
' MOTION CARRIED
James Moore & Co. C. Deny the request of James Moore & Company for additional
' Request for Additional
Funds funds for audit services and authorize staff to issue a new
request for proposals for audit services (City Manager)
' Motion: Deny the request of James Moore & Company for additional
funds for audit services and authorize staff to issue a new request for
proposals for audit services.
' Commissioner Waters believed that the additional funds being requested
were not unreasonable. He stated that James Moore & Company had
' provided good service and he could not see going through the process to
find someone less expensive. He believed no savings would be realized.
' Mayor Meserve believed the company should honor their contract.
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Moved by Beaver, seconded by Parsons
Votes:
Aye: 4— Beaver, Parsons, Simmons, Meserve
Nay: 1 - Waters
MOTION CARRIED
Adopt-a-Shelter D. Authorize the Mayor to execute the American Red Cross
Statement of Northeast Florida Chapter Adopt-a-Shelter Statement of
Understanding Understanding (City Manager)
Motion: Authorize the Mayor to execute the American Red Cross
Northeast Florida Chapter Adopt-a-Shelter Statement of
Understanding.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
There was no discussion.
Chapter3 Revisions E. Authorize staff to schedule ordinance readings and a public
hearing to enact proposed revisions to Chapter 3 of the City
Code, Alcoholic Beverages (City Manager)
Motion: Authorize staff to schedule ordinance readings and a public
hearing to enact proposed revisions to Chapter 3, Alcoholic Beverages,
of the City Code.
Commissioner Waters believed Easter Sunday should be treated the same as
Christmas Day for alcohol sales and indicated he would like this to be
addressed. He confirmed that the Selva Marina Country Club would be
"grandfathered-in" relative to Section 3-5 of the ordinance.
Commissioner Waters noted that the previous requirement concerning
maintaining a certain distance from schools/churches and establishments
that sell alcoholic beverages was deleted from the ordinance and inquired if
it should be reinstated. Chief Thompson stated that the requirement had not
been adhered to in the past and was deleted from the ordinance. He also
pointed out that the Commission would have to approve on-premise
consumption of alcoholic beverages.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
' April 12,2004 REGULAR COMMISSION MEETING Page 9
Nay: 0
MOTION CARRIED
Storm Water Five-Year F. Authorize staff to include the amount of$11,362.50 in the FY
' Permit Monitoring 2004/05 budget to assist with the costs of the Storm Water
Monitoring Program for the current five-year permit period
(City Manager)
Motion: Authorize staff to include the amount of$11,362.50 in the FY
2004/05 budget to assist with the costs of the Storm Water Monitoring
Program for the current five-year permit period.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5— Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
There was no discussion.
Surplus IT Equipment G. Approve list of surplus IT equipment and approve donating it to
students; classify additional obsolete IT equipment as surplus
for destruction (City Manager)
a Motion: Approve list of surplus IT equipment and its donation to
students; and classify additional obsolete IT equipment as surplus for
destruction.
City Manager Hanson explained that IT Network Administrator Bryan
Smith and others had volunteered to set up the 10 operational, obsolete
computers at Mayport Middle School for training and distribution to
students who qualified for financial need.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve
Nay: 0
MOTION CARRIED
9. City Manager
City Manager's Report A. City Manager's Report
City Manager Hanson reported on the following items:
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April 12.2004 REGULAR COMMISSION MEETING Pace 10
❖ Senator Bill Nelson and/or his staff will be using the Commission
Chambers on April 19th from 10:00 a.m. to 1:00 p.m. to meet with
Ytl constituents to discuss various issues of concern.
:111 ❖ The city had no codes to regulate living on a docked boat without
sanitation facilities or for the construction of docks. He indicated
that the city needed to address these issues and adopt building
WI standards for docks. He stated he would bring both items to the
Commission in two weeks.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Simmons
❖ Recounted an unfortunate incident involving an unleashed dog on
the beach Easter Sunday, and indicated that when she called for
Animal Control she got an answering machine.
It was explained that one Animal Control Officer was assigned to
the beach most of the time, but both officers worked irregular shifts
to cover the entire city.
Chief Thompson stated that if an Animal Control Officer is
unavailable, a Police Officer will respond to serious incidents.
Commissioner Parsons
❖ Welcomed Rick Carper as the new Public Works Director.
❖ Stated that the Art Studio Tour would be held May 8th and would
be followed by a reception at the Adele Grage Cultural Center.
❖ Reported Ragtime would be requesting outdoor seating in the
future.
❖ Volunteered to go to the Marsh Oaks area west of Mayport Road
and meet with Mr. Smith to discuss problems affecting his area.
❖ Believed the proposed roundabout was too expensive and suggested
improving the aesthetics in the area by heavily landscaping the
other corners of the intersection with flowers.
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April 12, 2004 REGULAR COMMISSION MEETING Pate 11
Mayor Meserve
•'• Indicated the roundabout would be discussed during the upcoming
• budget sessions.
•'• Stated that area realtors were concerned they could not post open
• house signs off-premise, and indicated this needed to be addressed.
Commissioner Waters
❖ Commented that the City of Neptune Beach had not consulted with
Town Center organization relative to outdoor dining, but he
realized the agreement with Town Center was never finalized.
❖ Inquired concerning the recent cut in the asphalt on Ocean
Boulevard near the Adele Grage Cultural Center. Utility Director
Kaluzniak reported a private contractor had caused the problem and
would pay for the repairs.
Mayor Meserve
❖ Stated he had great concerns for liability relative to the close
proximity of the outdoor seating to the parking spaces in front of
Ragtime.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:00 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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AGENDA ITEM#3A
APRIL 26,2004
April 19, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Han • '11111111.p,,
i y Manager
SUBJECT: Follow-up report
Trees Planting/ Code Enforcement on Westside of Mayport Road; A citizen complained at the last
commission meeting that the City had not paid adequate attention to the westside of Mayport Road
and cited specifically a lack of tree planting, nuisance ordinance violations and specifically the house
at 618 Dutton Road. The City's tree planting program has resulted in the planting of about 150 trees
per year over the last two years. During that time, 84 trees were planted on the westside of Mayport
Road. City staff work closely with Tree Board members to distribute the flyers encouraging citizens
to "adopt a tree". Concerning the enforcement of environmental codes, the City Inspector issued 11
violation notices to residents in the vicinity that the citizen had complained about just in the period
from April 1s`until the commission meeting on April 12`h. He has also done some additional
inspections since that time and issued 12 courtesy notices, 12 citations for unregistered cars and 3
other violations on several streets in the immediate vicinity of Dutton Island Road.
Options for Amending the Code Concerning Placement of Off-Site Real Estate Signs; The
subject of possibly amending the city's code relating to the placement of real estate signs was brought
up at the last commission meeting. Since that time, city staff has checked with adjoining jurisdictions
to find what restrictions they place on real estate/open house signs. Atlantic Beach's current
ordinance, which prohibits any off-site signs of any kind, is the same as most of our surrounding
communities including the following:
�!1 - Ponte Vedra
Jacksonville Beach
- Neptune Beach
St. Augustine
St. Johns County
- Jacksonville
- Fernandina Beach
The only exception found was Clay County where real estate agents are allowed up to six directional
signs. These are only allowed on the weekends from sunset Friday until sunset Sunday, and all
directional signs must be on private property and only within the subdivision where the property is
located.
46 Street Shower; A citizen also asked about who had paid for installation of the new shower at the
4th Street beach access. The total cost to the city of the shower was $1,923. The city received
contributions to this project from two individuals; Dezmond Waters in the amount of$160.22 and
Scott Deputy in the amount of$661.00. This information has since been relayed to the citizen who
asked the questions.
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AGENDA ITEM#4A
APRIL 26,2004
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1 4 reclamation
' WHEREAS, the management of records and information is critical to every business,
organization and government agency in facing the complexities of competition, customer
service, and globalization; and
WHEREAS, technologies for storing information are expanding the amounts of
information that can be acquired, with increased longevity; and
'
WHEREAS, records and information management are valuable tools in strategic
g g
' planning and budgeting; and
WHEREAS, control of records and information is necessary for reduction of risk and
' liability as well as for compliance with global standards; and
WHEREAS, the citizens of Atlantic Beach should recognize the importance of the
service performed by records and information professionals.
NOW, THEREFORE, I, John Meserve, Mayor of the City of Atlantic Beach, Florida, do
hereby declare April 26-30, 2004, as
' Records and Information Management Week
in Atlantic Beach and I encourage all citizens to recognize this event.
IN WITNESS WHEREOF, I have hereto set
my hand and caused the official seal of the
' City of Atlantic Beach to be affixed this 26th
Day of April, 2004. JOHN MESERVE
' MAYOR
AGENDA ITEM#4A
APRIL 26,2004
,„MNS4„V
•Sm."4. mj:4 St. Johns River
',.i Water Management District
9 0
M9~'aDEM6�O Kirby B.Green III,Executive Director • David W.Fisk,Assistant Executive Director
David Miracle,Jacksonville Service Center Director
7775 Baymeadows Way • Suite 102 • Jacksonville, FL 32256 • (904)730-6270 • Fax(904)730-6292
On the Internet at wwwsjrwmd.com.
April 5, 2004
Dear City Officials:
The month of April is recognized as Records and Information Management Month(RIMM). The
St. Johns River Water Management District is commemorating the occasion with a celebration to
recognize the importance of records and information management.
Florida is divided into five water management districts, which are dedicated to the preservation
and management of Florida's precious water resources. The St. Johns River Water Management
District is responsible for managing ground and surface water supplies in all or part of 19
counties in northeast and east-central Florida. More than 700 dedicated staff members do this
each day from offices in Palatka, Jacksonville, Altamonte Springs, and Palm Bay.
As a Data Management Specialist with the St. Johns River Water Management District, I would
11�I like to request a proclamation from your city. Your participation in this recognition is very
important to us. The District's Division of Permit Data Services will be celebrating RIMM on
April 29, 2004.
I have attached a sample proclamation to assist you in securing one from your city. If you would
like any additional information on Records and Information Management Month, please feel free
to contact me. I appreciate your consideration. If you would please forward the proclamation to
Attention Carrie Anne Kissinger, 7775 Baymeadows Way - Suite 102, Jacksonville, FL 32256,
or contact me to arrange pickup.
Sincerely,
Carrie Anne Kissinger
Carrie Anne Kissinger
Data Management Specialist
Division of Permit Data Services
L
L
GOVERNING BOARD
Ometdas D.Long,CHAIRMAN David G.Graham,VICE CHAIRMAN R.Clay Albright,SECRETARY Duane Ottenstroer,TREASURER
APOPKA JACKSONVILLE OCALA JACKSONVILLE
AGENDA ITEM#4B
APRIL 26,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Purchase of Mini-Excavator, Bid No. 0304-11
SUBMITTED BY: Donna Kaluzniak, Utility Directo
isi
DATE: April 12, 2004
BACKGROUND: Bids were advertised for a mini-excavator with trailer for use by the water
and sewer Distribution/Collection Operators. This equipment replaces an old trenching machine
that was sold during a past auction. The mini-excavator will allow for easier access and less
disruption and yard damage for customers when water and sewer repairs are being made.
Six bids were received on March 17, 2003. A letter was received from the 3rd low bidder, Tresca
Equipment, stating that the low bidder's equipment did not meet specifications and should be
rejected. Staff and the City Attorney reviewed the letter from Tresca, the response from the low
bidder, and the information on both excavators, and determined that the equipment bid by the
low bidder, Duval Pilot Equipment Outfitters, met the most important specifications in relation
to the City's intent to obtain a competitive bid for comparable equipment.
BUDGET: A total of$42,500 was budgeted for purchase of the mini-excavator with trailer in
the Water Fund under account number 400-5504-533-64-00.
RECOMMENDATION: Purchase the mini-excavator(with open cab) and with trailer from
Duval Pilot Equipment Outfitters in the amount of$31,080.
ATTACHMENTS: 1. Bid Tabulation Form
REVIEWED BY CITY MANAGER:
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L
AGENDA ITEM#4B
APRIL 26, 2004
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[I; AGENDA ITEM#4C
APRIL 26,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Contract for Electrical Motor and Pump Repair
Bid No. 0304-13
W SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
rill DATE: April 19, 2004
ii BACKGROUND: Public Utilities, and occasionally other departments, require the services of
qualified technicians to troubleshoot, repair and install electrical motors and pumps. This work
requires specialized skill, experience and equipment. Bids were advertised, and three bidders
E attended the Mandatory Pre-Bid Meeting. Two bids were received and opened on April 14,
2004. All of the required documentation was submitted with the bids.
IFor bidding purposes, pricing for a hypothetical 8-hour project was used.
Description Industrial Tesla Electric
Equipment
Services
Hourly Rate 8-hour amount Hourly Rate 8-hour amount
I Machinist $24.00 $192.00 $34.00 $272.00
Motorman $24.00 $192.00 $34.00 $272.00
All-Around $26.00 $208.00 $37.00 $296.00
IITechnician
8-hour subtotal $592.00 $840.00
Overhead & Profit 13% $76.00 20% $210.00
I
Total8-hour $1,260.00 $1,890.00
amount
BUDGET: The pricing submitted by Industrial Equipment Services is identical to their
previous contract. These services are used on an as-needed basis, and there are funds of
f' $100,000 budgeted in the Water and Sewer Funds under account nos. 400-5502-533-3400, 410-
5506-535-3400, and 410-5508-535-3400.
RECOMMENDATION: Award the annual contract for Electrical Motor and Pump Repair to
Industrial Equipment Services at the rates in listed in Bid No. 0304-13.
iimi ATTACHMENTS: 1. Bid tabulation form.
REVIEWED BY CITY MANAGER:
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AGENDA ITEM #4C
APRIL 26, 2004
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AGENDA ITEM#4D
APRIL 26,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Contract for Trimming Palm Trees
SUBMITTED BY: Rick Carper, P.E., Director of Public Works
DATE: April 19, 2004
BACKGROUND: Bids were opened on April 14, 2004 for palm tree trimming.
Only one bid was received. The bid was from American
Landcare, who is the current contractor.
Location Number of trees Price per Total for Total for
• tree one two
trimming trimming a
year
y Atlantic Blvd. Medians 43 $20.00 $860.00 $1,720.00
Town Center 474 $15.00 $7,110.00 $14,220.0
0
Flyover Pond on 28 $15.00 $420.00 $840.00
Mayport Road
Atlantic Beach side of 24 $15.00 $360.00 $720.00
the Flyover
Neptune Beach side of 59 $15.00 $885.00 $1,770.00
the Flyover
Total Per Year $19,270
The City also requested a per tree price for any other palm
trees that would need to be trimmed on an as-needed basis.
Cabbage Palm Tree $15.00 each
Washingtonian Palm Tree $ 15.00 each
Medjool (Date) Palm Tree $20.00 each
RECOMMENDATION: Award the Annual Contract for Trimming Palm Trees to
American Landcare.
ATTACHMENTS: Bid Tabulation Sheet
BUDGET: Total budget for Fiscal Year 10/1/03-9/30/04 is $3,500 for
Atlantic Blvd. Medians in account 001-5002-541.34-00;
$13,000 for Town Center in account 001-5002-541.34-02;
and $3,000 for flyover areas in account 001-5002-541.34-
03. The bid prices represent a 9% increase over the
contract for the previous three years.
REVIEWED BY CITY MANAGER:
AGENDA ITEM#4D
APRIL 26,2004
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AGENDA ITEM#7C
APRIL 26,2004
L
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Chapter 3 Revisions
DATE: April 16, 2004
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
At the last City Commission meeting, a proposed revision to Chapter 3 of the City of
Atlantic Beach Code was provided to the City Commission for review. At that time, a
question arose relative to the prohibition in the Code that makes it unlawful for
businesses to sell alcoholic beverages on Christmas Day. It was suggested that the
commission consider changing the prohibition from Christmas Day to Easter Day.
Since this question arose, staff has checked with a number of cities throughout the State
of Florida to see what is prevalent in other cities. It was determined that most cities no
longer adopt codes that regulate behaviors based on religious holidays.
For the most part, cities do not prohibit alcohol sales on Christmas Day or Easter Day.
The cities of Atlantic Beach and Neptune Beach are the only cities in northeast Florida
that prohibit alcohol sales on Christmas. Staff was unable to find any city that prohibited
alcohol sales on Easter.
The current language of the proposed ordinance includes a prohibition against selling
alcoholic beverages on Christmas day. The reason that this has been retained is because
it has historically been included in the City Code.
The decision as to prohibiting alcohol sales on Christmas and/or Easter is up to the
discretion of the City Commission. However, it should be noted that these decisions
could have an impact on businesses that serve alcoholic beverages.
The city staff has no recommendations relative to this issue.
BUDGET: None
k`I RECOMMENDATIONS: None
ATTACHMENTS: None
REVIEWED BY CITY MANAGER:
AGE A ITEM NUMBER:
ter,
AGENDA ITEM #7C
APRIL 26,2004
ORDINANCE NUMBER 10-04-22
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING THE CODE OF ORDINANCES FOR THE
CITY OF ATLANTIC BEACH, CHAPTER 3, ALCOHOLIC BEVERAGES TO
REPEAL AND REPLACE SECTIONS 3-1 THROUGH 3-11 WITH NEW SECTIONS
3-1 THROUGH 3-9, PROVIDING DEFINITIONS AND ESTABLISHING
REGULATIONS FOR THE LICENSING AND SALE ALCOHOLIC BEVERAGES;
ESTABLISHING APPROPRIATE BUSINESS LOCATIONS FOR ON-PREMISE
AND OFF-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES;
AND REGULATING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC
BEVERAGES UPON PUBLIC PROPERTY; PROVIDING FOR RECORDATION
AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida, hereby
finds that the public health, the public safety and the general welfare of citizens are protected
and enhanced by appropriate regulation of the sale, consumption and possession of Alcoholic
CBeverages within the City.
WHEREAS, after required notice was published, a public hearing was held on the
day of , 2004 at 7:15 p.m. to hear and enact revisions to Chapter 3,
Alcoholic Beverages, as previously enacted within the Code of Ordinances for the City of
Atlantic Beach, Florida.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
�I SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in
support of this Ordinance.
SECTION 2. Chapter 3, Alcoholic Beverages is hereby repealed in its entirety and
replaced with new Chapter 3, attached hereto as Exhibit A.
SECTION 3. The sale, consumption and possession of Alcoholic Beverages shall be
further regulated by Chapters 561-565, Florida Statutes. Any other local regulations and
ordinances, which may indirectly regulate the sale, consumption and possession of Alcoholic
Beverages, remain in effect.
SECTION 4. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of
Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes.
Ordinance Number 10-04-22 Page 1 of 2
AGENDA ITEM #7C
APRIL 26,2004
1
Passed on first reading by the City Commission of the City of Atlantic Beach this
day of , 2004. Passed on final reading and public hearing this day of
, 2004.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST :
I
MAUREEN KING
City Clerk
1
1
1
Ordinance Number 10-04-22 Page 2 of 2
AGENDA ITEM #7C
APRIL 26,2004
EXHIBIT A
Chapter 3
ALCOHOLIC BEVERAGES
Sec. 3-1. Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them within this Section. Where applicable and appropriate to the
context, definitions and provisions as set forth within Chapters 561-565, Florida Statutes, shall
be used in conjunction with these terms and the requirements of this Chapter.
Alcoholic Beverages shall mean distilled spirits and all beverages containing one-half of one
percent or more alcohol by volume. The percentage of alcohol by volume shall be determined
by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the
volume of the remainder of the ingredients as though said remainder ingredients were distilled
water.
Alcoholic Beverage License shall mean that license issued to a person or location by the State
Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional
Regulation (Division).
Licensed Premises shall mean not only rooms or portions of a building where Alcoholic
Beverages are stored or sold by the Licensee, but also all other portions of the premises, which
Care closely connected so as to admit free passage from any bar or drinking room to any other
portion of the premises over which the Licensee has some dominion or control.
Licensee shall mean a business or a legal entity, or person(s) that hold a license issued by the
Division, and which meet the qualifications set forth in Section 561.15, Florida Statutes.
Sale or Sell shall mean any transfer or dispensing of an Alcoholic Beverage for any form of
fee, consideration, or gift.
Special Event Permit shall mean a permit approved by the City of Atlantic Beach, signed by the
City Manager or his designee, as authorized under Section 3-9 (b) of this Chapter.
Sec.3-2. Hours of sale.
(a) It shall be unlawful for any Licensee to Sell, offer for Sale, serve, give away, dispense
or dispose of Alcoholic Beverages, or permit the same to be consumed upon the Licensed
Premises during the following days and times.
(1) Between the hours of 2:00 a.m. on Christmas Day and 7:00 a.m. on the day
following Christmas Day.
(2) Between the hours of 2:00 a.m. and 7:00 a.m. on all other days.
Page 1of4
Exhibit A to Ordinance Number 10-04-22
AGENDA ITEM #7C
APRIL 26,2004
1
' (b) The Licensed Premises where any Alcoholic Beverages are kept, except for
restaurants, grocery stores and markets where the primary business is the sale or serving of food,
shall be closed for business between 2:00 a.m. on Christmas Day and 7:00 a.m. on the day
following Christmas, and between the hours of 2:00 a.m. and 7:00 a.m. on all other days. No
person shall be permitted on the premises of such business during such hours, except to clean up
the premises, to perform necessary functions for closing the establishment, or to perform
necessary maintenance.
Sec. 3-3. Persons not holding an Alcoholic Beverage License.
(a) It shall be unlawful for any person(s) or business operating for profit, but not licensed
to Sell Alcoholic Beverages within the City, to Sell, serve, give away or dispense Alcoholic
Beverages or allow the same to be consumed upon the business premises during the days and
times listed below:
(1) Between the hours of 2:00 a.m. on Christmas Day and 7:00 a.m. on the day
following Christmas Day.
(2) Between the hours of 2:00 a.m. and 7:00 a.m. on all other days.
Sec. 3-4. Premises where retail sales for off-premise consumption are permitted.
(a) Retail Sale, limited to beer as defined by Section 563.01, Florida Statutes, and wine
as defined by Section 564.01, Florida Statutes, shall be permitted only upon the following
premises:
(1) Businesses within the Commercial General Zoning District abutting Atlantic
Boulevard or Mayport Road or businesses located within the Central Business
District; and
(2) Establishments in locations presently open for business and where a current valid
Alcoholic Beverage License exists as of the effective date of this amended
ordinance.
(b) Retail sale of Alcoholic Beverages, which include liquor as defined by Section
565.01, F.S, in addition to beer and wine, shall be permitted only under the following conditions
and upon the following premises.
1 (1) Businesses properly licensed by the City of Atlantic Beach for the retail sale of
Alcoholic Beverages, and
1 (2) Businesses located only within the Commercial General Zoning District and
subject to approval of a Use-by-Exception in accordance with Section 24-63 of
the City Code.
I
Page 2 of 4
Exhibit A to Ordinance Number 10-04-22
AGENDA ITEM#7C
APRIL 26,2004
Sec. 3-5. Premises where sales for on-premise consumption are permitted.
(a) The Sale of any Alcoholic Beverages for on-premise consumption, including beer,
wine and liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited
ronly to restaurants, cafes, bars and private clubs within Commercial General and Commercial
Limited Zoning Districts or the Central Business District in compliance with Chapter 24 of the
City Code and subject to approval of a Use-by-Exception in accordance with Section 24-63.
Sec. 3-6. Existing establishments and Alcoholic Beverage Licenses previously issued.
(a) Businesses, where a current valid Alcoholic Beverage License and a current valid
Occupational License exists as of the effective date of this amended Ordinance, may continue to
operate in accordance with this Chapter, and the right to renew such Licenses shall not be
changed by provisions of this Chapter, provided that such business is in compliance with other
applicable provisions of the City Code.
(b) A current valid Alcoholic Beverage License may be transferred to a new location
within the City provided that such new location is in compliance with Chapter 24 of the City
Code. The number of times the License may be transferred shall not be limited as long as each
new location meets the requirements of this Chapter and other applicable provisions of the City
Code.
Sec. 3-7. Lighting requirements on premises.
Businesses licensed to Sell Alcoholic Beverages within the City, shall maintain sufficient
lighting for the safety of patrons and employees during all times that business is open or
occupied by employees.
Sec. 3-8. Consumption on Licensee's premises.
(a) It shall be unlawful for any person(s) to consume Alcoholic Beverages on any
Licensed Premises except:
(1) Inside of the building that is the Licensed Premises, or
(2) within a recreation area contiguous to the building that is owned or leased, and
maintained and controlled by the Licensee and used exclusively for recreational
purposes including but not limited to golf facilities, tennis facilities, swimming
facilities, or other recreational purposes, or
(3) within an outdoor seating or dining area contiguous to the building that is owned or
leased, and maintained and controlled by the Licensee.
Sec. 3-9. Consumption and possession of open container upon public property.
(a) Except in accordance with following paragraph (b), it shall be unlawful for any
person(s) to consume Alcoholic Beverages upon public properties within the City, or for any
person(s) to be in possession of any open container of an Alcoholic Beverage upon public
Page 3 of 4
Exhibit A to Ordinance Number 10-04-22
AGENDA ITEM#7C
APRIL 26,2004
1
' properties within the City. Such public property shall include, but not be limited to, streets,
sidewalks, highways, parks, waterways and the ocean or beach.
(b) The City Manager may, for special events, grant a Special Event Permit to allow the
consumption of beer and wine and the possession of open containers of beer and wine upon
public properties within the City, subject to the following conditions.
C (1) No beer or wine shall be consumed out-of-doors in any public park areas, except
that up to four(4) festivals in any one (1) calendar year may be approved.
(2) All public consumption of beer and wine upon any City property, as may be
permitted by this Section, shall end no later than 11:00 p.m.
(3) The applicant for a Special Event Permit shall sign a written agreement
committing to comply with any reasonable conditions as deemed necessary by the
City Manager to protect the best interests of the City and its residents, and shall as
a condition of the Special Event Permit, agree to hold the City harmless and
assume all liability for any damage to public property or any incident occurring as
a direct or indirect result of the special event.
C
C
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Page 4 of 4
Exhibit A to Ordinance Number 10-04-22
AGENDA ITEM#8A
APRIL 26,2004
C
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
1
AGENDA ITEM: Discussion and possible action regarding off-site open house signs
SUBMITTED BY: Maureen King, City Clerk
DATE: April 19, 2004
I; BACKGROUND: The following information regarding open house signs is being provided at
the request of the Mayor:
➢ In 1988 language was added to Section 17-1 of the sign ordinance
to provide that four signs could be posted off-site for four hours to
advertise an official open house. The ordinance was amended in
1994, and the time was increased to allow open house signs to be
posted for a period of eight hours. The ordinance was further
amended in 1997 to provide that signs "shall not be placed on
public property."
➢ The current sign ordinance was approved in September 2002, and
limited open house signs to two per site and provided that signs
could be posted only at the location of the open house.
The Mayor has requested that this item be included on this agenda for
discussion and possible action.
BUDGET: N/A
RECOMMENDATION: None
ATTACHMENTS: Ordinance No. 60-88-5
Ordinance No. 60-94-8
Excerpt from Ordinance No. 60-97-10, and
Excerpt from Ordinance No. 60-02-12
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REVIEWED BY CITY MANAGER:
AGENDA ITEM#8A
APRIL 26,2004
ORDINANCE NO. 60-88-5
AN ORDINANCE AMENDING THE ORDINANCE CODE OF rah CITY
OF ATLAINTIC BEACH, FLORIDA: AMENDING CHAPTER 17,
ARTICLE I, SECTION 17-1, SUBPARAGRAPH (6) TO PROVIDE
FOR OFF PREMISE REAL ESTATE SIGNS DURING AN OPEN HOUSE;
AMENDING SUBPARAGRAPH 11 TO MORE PRECISELY DEFINE THE
TYPES OF DIRECTIONAL SIGNS EXEMPTED FROM OPERATION OF
THE CHAPTER; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
Section 1, Chapter 17, Article I, Section 17-1, Subparagraph 6, Open
House Signs, Subparagraph 11, Directional Signs is hereby amended to read
as follows:
CHAPTER 17
SIGNS AND ADVERTISING STRUCTURES
ARTICLE I IN GENERAL
Section 17-1. Certain signs exempted from operation of chapter.
The following signs are expressly excluded from the operation of
�.� this chapter:
(6) Not more than one (1) real estate sign advertising the sale,
rental or lease of only the premises on which it is maintained. Such
sign shall not be more than four (4) square feet in area and shall
conform to required setback lines. Also, not more than four (4) off
premise real estate signs advertising an official open house which said
open house shall be of a duration of no more than four (4) continuous
hours and said signs may not be erected more than 1/2 hour before the
open house and must be removed within 1/2 hour after the end of the open
house.
(11) Directional signs, located off premise, of any religious,
charitable, fraternal or civic organization er-busgaese-estebiishments
operated within the city, having a meeting place, clubhouse or other site
within the city for the purpose of indicating the place where such club-
house, meeting place or site is located in the city. Such directional
signs shall not exceed three-{3)--4eet-by-feat-{44-feet• twelve (12) inches
by eighteen (18) inches and be not more than ten (10) feet in overall
height above ground level. These directional signs shall not exceed four
(4) in number for each besifless-er organization, as listed herein, and
shall be no less than one thousand (1,000) feet from another directional
sign of the same besi$ese-er organization. Any directional sign existing
on May-43;-i9687 December 1, 1988, shall be allowed to remain until such
time as the condition of the sign becomes unsafe, unsightly or in need of
major repairs, at which time it shall be removed. Structural repairs to
existing signs shall not be made without a permit. Before any
directional signs can be installed after lay--13T-1-9687 December 1, 1988,
a permit shall be obtained from the city specifying design, llgkting
duration, i€-eeg-- and location.
1988 Ordinance
1-1 AGENDA ITEM#8A
APRIL 26,2004
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Passed by the City Commission of First Reading December 12, 1988 •
Passed by the City Commission on Second Reading January 11, 1989 -
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A. 4°1
'11iam I. Gu ford, - .ing Officer
Approved as to Form and Correctness:
Claude L. Mullis, City Attorney
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(SEAL)
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Mauree Ring, City Cler
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AGENDA ITEM#8A
APRIL 26,2004
ORDINANCE NO. 60-94-8
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND
ADVERTISING STRUCTURES, CLARIFYING AND MODIFYING REQUIRE-
MENTS REGARDING REAL ESTATE, DIRECTIONAL AND POLITICAL
SIGNS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Commission of the City of Atlantic
Beach, Florida:
SECTION 1. Article I of Chapter 17 of the Code of Ordinances
of the City of Atlantic Beach, Florida, is hereby amended by adding
a new Sec. 17-1, by renumbering old Sec. 17-1 as Sec. 17-1 (a) , and
by amending paragraphs (6) , (11) and (13) thereof, which sections
shall read as follows:
"Sec. 17-1. The commission recognizes that there
are various persons and entities who have an interest in
communicating with the public-at-large through the use of
signs and advertising structures. The commission is also
responsible for furthering the city's obligation to its
residents and visitors to maintain safe and aesthetic
surroundings. It is the intend of the commission that
this ordinance shall place the fewest possible restric-
tions on personal liberties, property rights and the free
exercise of constitutional rights while achieving the
city's goal of creating a safe, healthy and aesthetic
environment.
Sec. 17-1 (a) . Certain signs exempted from Article II
of this chapter.
The following signs are expressly excluded from the
operation of Article II of this chapter:
(6) Not more than one (1) real estate sign adver-
tising the sale, rental or lease of only the premises on
which it is maintained. Also, not more than four (4) off-
premise real estate signs advertising an official open
house which said open house shall be of a duration of no
more than eight (8) continuous hours and said signs may
not be erected more than one (1) hour before the open
house and must be removed one (1) hour after the end of
the open house. All signs allowed by this section shall
not be more than four (4) square feet in area and shall
conform to required setback lines.
(11) Directional signs, located off premises, of any
religious, charitable, fraternal or civic organization
• operated within the city, having a meeting place, club-
house or other site within the city for the purpose of
indicating the place where such meeting place, clubhouse
11 1994 Ordinance
AGENDA ITEM#8A
APRIL 26,2004
or site is located in the city. Such signs are not
exempt from the provisions of Chapter 17 , Article II, if
they pertain to a meeting place, clubhouse or site
outside of the city. Such directional signs shall not
exceed twelve (12) inches by eighteen(18) inches and be
not more than ten (10) feet in overall height above
ground level. These directional signs shall not exceed
four (4) in number for each organization, as listed
herein, and shall be no less than one thousand (1, 000)
feet from another directional sign of the same organiza-
tion. Any directional sign existing on December 1, 1988,
shall be allowed to remain until such time as the condi-
tion of the sign becomes unsafe, unsightly or in need of
major repairs, at which time it shall be removed. Struc-
tural repairs to existing signs shall not be made without
a permit. Before any directional signs can be installed
after December 1, 1988, a permit shall be obtained from
the city specifying design, duration and location.
(13) Signs announcing the candidacy of a candidate
for public office not exceeding four (4) square feet in
area. The placing of such signs on public property is
expressly prohibited. Such signs may, however, be placed
wholly within the boundaries of private residential or
commercial property, at the discretion of the legal owner
and/or occupant of the property, provided such signs
r-- conform with all traffic, electrical, maintenance, fire
and safety regulations of the city. Signs may not be
placed on private property prior to qualification of the
candidate to run for office or more than twenty (20) days
before the first election, whichever is less, and all
such signs shall be removed within twenty-four (24) hours
after the last election, including run-off elections. "
section 2. This Ordinance shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission on first reading this 27th
day of June , 1994.
PASSED by the City Commission on second and final reading this
25th day of July , 1994.
ATTE T:
0' I
MAL EEN KING , YMAN FLETCHER
City Clerk ayor, *residing Officer
Approved as to form and correctness:
At.",
OF
i41'N C. ‘SEN, ESQUIRE
pity Atney
' AGENDA ITEM#8A
APRIL 26,2004
ORDINANCE NO. 60-97-10
' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 17 SIGNS AND ADVERTISING
STRUCTURES; PROVIDING FOR AMORTIZATION OF
NONCONFORMING SIGNS; AND PROVIDING FOR AN
EFFECTIVE DATE.
SECTION 1. Chapter 17 of the Code of Ordinances of the City of Atlantic Beach are
hereby amended as follows:
r ARTICLE I. IN GENERAL
Sec. 17-1. Intent.
The commission recognizes that there are various persons and entities who have an
' interest in communicating with the public-at-large through the use of signs and
advertising structures. The commission is also responsible for furthering the city's
obligation to its residents and visitors to maintain safe and aesthetic surroundings. it is
' the intent of the commission that this chapter shall place the fewest possible
restrictions on personal liberties, property rights, and the free exercise of constitutional
rights while achieving the city's goal of creating a safe, healthy, and aesthetic
environment.
Sec. 17-1.1. Certain signs exempted from certain provisions of this chapter.
The following signs are expressly excluded from the permitting, size and setback
regulations of this chapter:
(1) Decals affixed to or signs painted on store windows, store equipment, fuel pumps or
other types of vending equipment used for dispensing retail products, where such signs
are for directional purposes only.
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(2) Signs wholly within a building and not readable from the exterior of the building.
(3) Memorial signs, tablets or plaques, containing the dedication of, or the name of a
building and the date of erection, when the same are cut into any masonry surface or
when constructed of bronze or other incombustible material.
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(4) Small professional nameplates for physicians, surgeons, dentists, musicians,
lawyers, architects, teachers and other like professional persons placed on the
premises occupied by the persons, and not exceeding more than one (1) square foot in
area.
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1997 Ordinance
AGENDA ITEM#8A
APRIL 26,2004
(5) Occupational signs denoting only the name and profession of an occupant in a
commercial building or public institutional building, placed flat against the exterior
surface of the building and not exceeding three (3) square feet in area.
(6) Not more than one (1) real estate sign advertising the sale, rental or lease of only
the premises on which it is maintained- Also, not more than four(4) off-premise real
estate signs advertising an official open house, such open house shall be of a duration
. •÷- of no more than eight(8) continuous hours and such signs may not be erected more
than one (1) hour before the open house and must be removed one (1) hour after the
end of the open house. All signs allowed by this section shall not be more than four(4)
square feet in area and shall not be placed upon public property.
(7) Signs noting the architect, engineer or contractor when placed upon work under
construction; provided, the sign shall be removed within fifteen (15) days of completion
of construction. The signs shall not be larger than necessary to display the names of
persons or firms performing labor or supplying materials to the premises and shall in no
case exceed four(4) square feet
(8) Traffic signs, legal notices, danger signs and temporary emergency or
nonadvertising signs, erected by the city, county, state or federal authorities.
(9) "No trespassing" and "private property" signs not exceeding four(4) square feet in
area and not placed on or affixed to any tree or utility pole.
(10) Directional signs, located off premises, of any religious, charitable, fraternal or
civic organization operated within the city, having a meeting place, clubhouse or other
site within the city for the purpose of indicating the place where such meeting place,
clubhouse or site is located in the city. Such signs are not exempt from the provisions
of article II of this chapter if they pertain to a meeting place, clubhouse or site outside
of the city. Such directional signs shall not exceed twelve(12) inches by eighteen (18)
inches and be not more than ten (10)feet in overall height above ground level. These
directional signs shall not exceed four(4) in number for each organization, as listed
herein, and shall be no less than one thousand (1,000)feet from another directional
sign of the same organization. Any directional sign existing on December 1, 1988, shall
be allowed to remain until such time as the condition of the sign becomes unsafe,
unsightly or in need of major repairs, at which time it shall be removed. Structural
repairs to existing signs shall not be made without a permit. Before any directional
signs can be installed after December 1, 1988, a permit shall be obtained from the city
specifying design, duration, and location.
(11) Bulletin boards not over fifteen (15) square feet in area for public, charitable or
religious institutions, when the same are located on the premises of the institutions.
(12) Signs announcing the candidacy of a candidate for public office not exceeding four
(4) square feet in area. The placing of such signs on public property is expressly
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AGENDA ITEM#8A
APRIL 26,2004
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(7) Temporary Political Campaign Signs announcing the candidacy of a qualified candidate
for public office not exceeding four(4)square feet in area may be placed wholly within
the boundaries of any property, at the discretion or consent of the legal owner and/or
occupant of the property, provided such Signs conform with all traffic, electrical,
maintenance, fire and safety regulations of the City.
f` The placing of Political Campaign Signs on City property, other public property or on
W public right-of-ways shall be prohibited. Political Campaign Signs displayed within
,{rotor vehicles conducting routine business activities on City or other public property
shall not be prohibited,provided that no such vehicle shall be parked on City property,
other public property or on public right-of-ways for the sole purpose of displaying _
Political Campaign Signs.
Illegally placed Political Campaign Signs shall be removed by the Code Enforcement
• Officer without notice to the candidate or abutting property owner or occupant. Political
Campaign Signs shall not be placed on property prior to qualification of the candidate to
run for office, and all such Signs shall be removed within seventy-two(72)hours after
the last election. If such Signs are not removed within this period of time,the City may
remove such Signs and may charge the candidate the actual cost for.such removal.
' Collected funds shall be deposited into the City general revenue. Failure to remove •
Signs is a violation of this Code and is enforceable pursuant to Chapter 162,F.S.,Code
Enforcement.
) (8) Personal Expression Signs limited to one or per Lot parcel, or in the case of multi-
family
family uses, one per Dwelling Unit, expressing.personal views or opinions not•
' exceeding four(4)square feet in area,providing such Signs are otherwise in compliance
with applicable local, State and Federal laws.
I ' (9) Religious symbols.
(10) Garage Sale Signs or Open House Signs within residential. Zoning Districts, not
exceeding four(4)square feet in size,limited to two(2)per site and located only at the
4111160411110- location of such event. Such Signs maybe displayed one(1).day before the Garage Sale
or Open House and shall be removed immediately after conclusion of the event. No
' Garage Sale Sign or Open House Sign may be erected upon any public right-of-way.
(11) Signs placed within interior courtyards,the inside fence line of recreational fields and on
I . golf courses,provided such Signs are visible only to those persons visiting such place
and are otherwise in compliance with this Chapter.
(12) Address and Street number Signs not exceeding two(2)square feet.
I (13) Holiday and seasonal decorations s shall not be construed as Signs,providing that these
contain no commercial Advertising Message.
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' Excerpt from Current Ordinance
1 . .
AGENDA ITEM#8B
APRIL 26,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
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AGENDA: Authorize the City Manager to enter into a contract
with the Atlantic Beach Athletic Association
SUBMITTED BY: Timmy Johnson, Parks & Recreation Director
DATE: April 16, 2004
BACKGROUND: For the past several years, the City entered into a
contract with Atlantic Beach Athletic Association
for use of City facility to promote community
sports. The programs are well organized, have great
participation and are enjoyed by all. This contract
has been delayed because we have been waiting on
proof of insurance.
RECOMMENDATION: Authorize the City Manager to enter into a contract
with the Atlantic Beach Athletic Association
ATTACHMENTS: Contract
REVIEWED BY CITY MANAGER:
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' AGENDA ITEM#8B
APRIL 26,2004
' CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
' AGREEMENT made and entered into this '1 �- day of ,/ C u'N.,-.
At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
1 BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City"), and Atlantic Beach Athletic Association of
800 Seminole Road, Atlantic Beach,Florida(904) _249-2985 (hereinafter"Renter").
•
WHEREAS, Renter desires to use the following public facility:
Russell Park Ball fields A. B & Tee Ball and Concession Stand_and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
a daily, weekly, monthly, during a particular season, or the like, which is more than a one
time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
6 • ' 1. Length of Rental Term: This agreement shall run from, 10/1/03 through
9/30/04..
2. Amount and Time of Payment: Renter in exchange use of the facility,
g tY
shall pay to the City the annual fee of$200.00 at the time of signing this agreement.
Such fee may be waived at the discretion of the City Manager if Renter is a governmental -
i� agency or an organization that provides a public service available to all, is non-profit in
nature, and charges no user or admission fees. Renter shallprovide the City with a copy •
of its tax exempt form or other proof or evidence satisfactory to the City Manager of
111 Renter's non-profit status.
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3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and agrees,
with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
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b. No use of alcoholic beverages shall be permitted without the written
permission-of the City Manager.
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AGENDA ITEM#8B
APRIL 26,2004
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1 c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents with its own financial
statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management of the public facility, together with all rules and requirements
of the police and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below. Renter shall leave the facility available for use by other
parties if other activities are scheduled or upon the request of City Staff.
This may include removal and storage of Renter's property.
h. Renter shall be responsible for its own furnishings and equipment and
shall maintain the facility in a clean and safe condition.
i, Renter shall correct any discrepancies noted by the City. Should
corrective action be required by the City, such action shall be the financial
• responsibility of the Renter.
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j. Any exclusive use shall be as set forth below. The use of the facility in
! addition to the exclusive use periods shall be requested through the Parks
V and Recreation Director under the general rules, i.e., a facility may be
requested for short tern use by applying for such use after the 15t day of
each month for a day or time period within the next month. For example,
any organization requesting the short term use of a City facility in the
month of February could apply for such use after the 15th day of January.
k. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
- the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
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AGENDA ITEM#8B
APRIL 26,2004
1. Renter may apply to the City Commission of
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Atlantic Beach fora waiver of this insurance requirement.
The City Commission shall consider such application for
waiver on a case by case basis, taking into account the .
length of the lease term, use of the public facility, number
I of persons involved in said use, cost of the insurance, and
any other factors submitted by Renter which unique and
particular to the Renter.
1. Renter agrees to indemnify and hold harmless the.City from any and all
liability, defense costs, including other fees, loss or damage which the City
., . • may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: Russell Park Ball fields A, B & Tee Ball and Concession
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Stand. . : .
m. Additional provisions agreed upon by the City and Renter:
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. Exclusive Use Dates and Times: See attached
o. Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition,
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p. :Control of Building: In renting said facility to Renter, the City does not
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relinquish the right to control the management and operation of the
facility, and the City Manager or his designee may enter the facility and all .
of the demised premises at any time and on any,occasion.
Iq. Assignment: Renter shall not assign this agreement nor suffer any use of
the facility other than herein specified, nor sublet the facility or any part
thereof, without the written consent of the City.
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r, Default: In;case the Renter shall default inthe performance of any
I ' covenant or agreement contained herein, and such default shall continue
for ten (10) days after receipt by the Renter of written notice thereof given
• by the City, then the City, at its option, may declare this agreement ended.
In that event, Renter shall immediately remove all persons and its property .
from the facility, and failing to do so, the City may cause such removal
. either with or without process of law, at Renter's expense. These
. expenses shall include, but not be limited to, reasonable attorney's fees
incurred by the City, whether suit is filed or not.
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AGENDA ITEM#8B
APRIL 26,2004
ur
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this
day of
' CITY OF ATLANTIC BEACH •
By:
' , Its "RENTER" ,A-I3/°i-
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' 09 --vV.(,) L)Jz- 30 2ooy
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IAGENDA ITEM#8B
APRIL 26,2004
1 Atlantic Beach Athletic Assoc
1 11/12,03 Profit & Loss
January 1 through November 12, 2003
Jan 1 •Nov 12,'03
Ordinary Income/Expense
Income
Concession Sales(Gross) 39,281.18
I Grants 2,000.00
Registration Fees 68.053.62
Sponsors 15,675.00
Uniform Sales 331.80
1 Total Income 125,341.60
Expense
Advertising
Signs;4'x 4'Sponsor Sign 34.50
Advertising•Other 858.16
Total Advertising 892.66
Bank Service Charges 169.25
E Charitable Contribution 2,150.00
Concession Supplies 28,292.56 •
Dues and Subscriptions 375.75
Field Supplies 2.017.45
Honorarium 673.95 '
Insurance
Accident 1,286.00
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Board Liability 500.00
Liability Insurance 1,014.00
Total Insurance 2.800.00
Maintenance&Repairs 5.662.67
Miscellaneous -48.27
Office Supplies 1,211.90
Post Season
10&U All Star Softball 1,673.63
I12&U All Star Softball 544.00
8&U All Star Softball 300.00
Major League All Stars 150.00
Minor League All Stars 150.00
Rookie League All Stars 480.00
Post Season-Other 5.313.77
Total Post Season 8,611.40 •
Postage and Delivery 37.76 •
Printing and Reproduction 555.83
Promotional
Coaches Game 486.95
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Fall Farewell 1.256.96
Rookie Night 100.00
• trivia,pants/cup sales,etc 50.00 i
Promotional-Other 873.84
ITotal Promotional 2,767.75
Supplies 200.38
Tax,941 payroll tax 1,816.43
• Taxes,other 70.00
Team Equipment 15,614.84
Telephone 598.75
Travel&Ent
Meals • 45.92 •
Total Travel&Ent 45.92
• Umpires 15,869.80
Uncategorized Expenses 311.23
Uniforms&Trophys 20,053.35 t
' AGENDA ITEM#8B
APRIL 26,2004
I
Atlantic Beach Athletic Assoc
I 11112103 Profit & Loss
January 1 through November 12, 2003
IJan 1 -Nov 12,'03
Wages
Grass
I Concession Labor
Brian Nicol 662.75
Brice Mihaley 0.00
Caleb Sarvis 182.00
I Danny Lynch 1.991.28
Jeff Flores 213.75
Sean Synnes 3,095.67
Sean West 547.50
I Total Concession Labor 6.692.95
Field Labor 2.800.00
Total Grass 9.492.95
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Medicare
Concession Labor
Brian Nicol -9.19
I Brice Mihaley 0.00
Caleb Sarvis -2.64
Danny Lynch -28.85
Jeff Flores -2.62
I Sean Synnes -44.85
Sean West -7.88
Total Concession Labor -96.03
I Field Labor -40.56
Total Medicare -136.59
Social Security .
Concession Labor
I
Brian Nicol41.49
Brice Haley 0.00
Caleb Sarvis -11.28
Danny Lynch -123.47
I Jeff Flores -13.72
Sean Synnes -191.92
Sean Wert -33.95
Total Concession Labor -415.83
I Field Labor -173.60
Total Social Security -589.43
I Withholding
Field Labor -165.30
Total Withholding -165.30
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Total Wages8,601.63
Total Expense 119,352.99
INet Ordinary Income 5,988.61
Net Income 5,988.61
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x Mar-31 -04 12 : 44P Bahri 904 AGENDA'TEN'#8B
MAR-31-2004 WED 11 :27 AM K & K FAX NO. 2604595120 APRIL 26,2004
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CERTIFICATE OF INSURANCE S6UG MTE�wYCUn'^,
0999218
13131/04
PROOLCER THIS CERTIFICATE 'S ISSUED AS A MATTER OF INFORMATION ONLY
lino K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
1712 Magnavox Way CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE
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P.O. Box 2338 LI
Fort Wayne, In 46801 I COVERAGE AFFORDED BY THE PCCIES BELOW.
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COMPANIES AFFORDING COVERAGE
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INSURED COMPANY A
LETTER NATIONWIDE LIFE INSURANCE COMP
BABE RUTH LEAGUE, INC. (SEE ZC17348)
PO BOX 5000 COMPANY B GREATAMERICAN ASSURANCE COMPA
1770 BRUNSWICK AVENUE LETTER
TRENTON, NJ 08638 COMPANY C
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION CF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERIX,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO. DATE EFFECTIVE PODGY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER
LTR DATE �wDOM7 DATE a641XV Y) LIMITS(n thoucancts)
General WWI Y 12 :0 LAM 12 :01AM Ga&UMW' , % NONE
B ®Commercial General Liability MAC0566170700 2/01/04 2/01/05 Proa,ctyronlaCV• 2 1000
❑Clams Made®Occur.
mPxIonei&Advertising M+Iuy 3 1000
Owners 8 contractors Prot. Each Occurrence i 1000
0 Flea D.P .w (Any one ire) 3 300
Medlat ern&.(My Dee person) S 5
Parldpsid L.peI Liability $ 1000
AutornObile
000
or +le V ability 12:O l AMCornbined
12:01AM
see B ❑Any auto MAC0566170700 2/01/04 2/01/05 Limit 2 1000
—AI owned autos Bodily
I —SeNeduied autos Injury .
In person) $
1..,, Hired aeon Bodey
E Non-owned autos Injury
Ilaat-AnrANy1 $
0 Garage Lability I PProperty
n
❑ Excess LiabiNty 1 Do$
oach
r ACW°3 to
0 Other than Lmorella forth I i
Waders'Compensator' StitutOry
and $ Esc.Aocideni
fgrnploy.r 'Liability $ Dil.ase-Policy Limit
$ Di..+.ie-E.ce Enybree
12:01AM 12:01AM . AO&O $ 10
`- A Participant SPP0000365200 2/01/09 2/01/05 PrimaryMedicai $ 250
Ames bean Medical $ NONE
Weekly Indemnity X NONE
DESCRIPTION OF OPERATIONSILOCAnoNsiverecLe3,RtSTRICT1oNSJSPEQAL ITEms
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH RESPECT TO THE ATLANTIC BEACH
AA, 12&U SB BABE RUTH LEAGUE, 18S.0 58 BABE RUTH LEAGUE PER FORM GAC3531CG,
OWNERS AND/OR LESSORS OF THE PREMISES, SPONSORS OR CO-PROMOTORS.
CERTIFICATE HOLDER CANCELLATION
h SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
THIS CERTIFICATE VOIDS & REPLACES CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
CERTIFICATE* 0988054 ISSUING COMPANY WILL ENDEAVOR TO MAIL �3 DAYS
ATLANTIC BEACH ATHLETIC ASSN. WRITTEN NOTICE TO THE CERTIFICATE HOLO NAMED TO
CITY OP ATLANTIC BEACH THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE
BOO SEMINOLE ROAD NO OBUGATION OR LIABILITY OF ANY KIND UPON THE
ATLANTIC BEACH, FL 32233 COMPANY,ITS AGENT OR REPRESENTATIVES.
AurnoRaEo REP A
SL_19 I-B2
AGENDA ITEM#8C
APRIL 26,2004
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STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Authorization for Mayor to Sign FDOT Grant
DATE: April 13, 2004
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
In 2003, Detective Barbara Sumrall submitted a DUI Enforcement Grant to the Florida
Department of Transportation. The City received a notification that the police
department was going to be awarded $71,337 in grant money for this project in the 2003-
04 budget. This grant is included in the City of Atlantic Beach 2003-04 budget.
This project includes the purchase of a vehicle and equipment for conducting DUI
enforcement operations throughout the city. This grant does not require a match from the
City of Atlantic Beach.
To receive the funding under this grant, the attached grant application needs to be signed
by the Mayor.
BUDGET: This is included in the current budget.
rii
RECOMMENDATIONS: To authorize the Mayor to sign the attached grant
application and all related paperwork for the 2003-04 FDOT grant.
ATTACHMENTS: Subgrant Application for Highway Safety Funds
is REVIEWED BY CITY MANAGER:
AGENDA EM NUMBER:
ly
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AGENDA ITEM #8C
APRIL 26,2004
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500-065-01
SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS SAFETY
0603
For D.O.T. Use Only
Project Number: DOT Contract Number:
Federal Funds Allocated: Date Approved:
iSubgrant Period: Date Revised:
Subgrant History: (1) (2) (3)
IPart I: GENERAL ADMINISTRATIVE INFORMATION
(See Instructions for Highway Safety Subgrant Applications)
1 1. Project Title: Atlantic Beach DUI Enforcement Initiative
2. Type of Application: 0 Initial 0 Continuation
3. Requested Subgrant Period:9/30/2003 to 9/30/2004
I4. Support Matching Total
Sought: $ 71337 Share: $ 0 Budget: $71337
I
5. Applicant Agency (Subgrantee): 6. Implementing Agency:
City of Atlantic Beach. Atlantic Beach Police Department •
John Meserve, Mayor • David E.Thompson, Director
800 Seminole Rd. 850 Seminole Rd.
1 Atlantic Beach, Florida 32233 Atlantic Beach, Florida 32233
ITelephone: (904)247-5800 Telephone: (904)247-5859
7. Federal ID Number: 8. State SAMAS Number(State Agencies)
596002670000
9. Chief Financial Officer: 10. Project Director:
Nelson VanLiere, Comptroller Det. B. L. Sumrall
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City of Atlantic Beach Atlantic Beach Police Department
800 Seminole Rd 850 Seminole Rd
Atlantic Beach, Fl 32233 Atlantic Beach, Florida 32233
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Telephone Number: (904) 247-5800 Telephone Number: (904)247-5859
Fax Number: (904) 249-5877 Fax Number: (904) 270-2536
E-Mail Address: E-Mail Address: BSUMRALL@COAB.US
Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration,
Catalog of Federal Domestic Assistance Number-20.60_ , State and Community Highway Safety Program, through
the Florida Department of Transportation.
1
LAC ENDA ITEM#8C
APRIL 26,2004
L
500-065-01
Part II: PROJECT PLAN AND SUPPORTING DATA SAFETY
06103
State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected
to result. Use the following major headings:
1. Statement of the Problem
2. Proposed Solution
3. Objectives
4. Evaluation
5. Milestones (Use form provided)
I; Start below and use additional pages as necessary.
The city of Atlantic Beach is located on the east side of Duval County in northeast Florida. It is bordered on the east by the
Atlantic Ocean, to the north by Mayport Navy Base, to the west by the Consolidated City of Jacksonville and to the south
I by the city of Neptune Beach. Being a beachfront community, it is the natural playground for the northeast Florida
community. The permanent population of the city is approximately 14,000 people.
The main roadways through our city are also the main roadways to the beach nightlife.
I Atlantic Beach not only is responsible for the vehicle traffic of our city's restaurants and bars but also Jacksonville Beach,
Neptune Beach and the Mayport area which houses a cruise ship that has nightly gambling and drinking excursions, as
well as several small pubs and resturants serving alcohol.
I The police department has an aggressive DUI enforcement policy, which has increased the DUI arrests, but has not
reduced the Alcohol related crashes.
As a part of our officers on going training each officer attends the IPTM advanced DUI enforcement training to assist the
officers in better case preparation amd arrest conviction. The city of Atlantic Beach is participating in DUI checkpoints in
conjunction with surrounding agencies and has assigned individual officers as DUI enforcement officers. These officers are
assigned primarily to the night shift to aggressively work DUI enforcement. -
The state records of vehicle crashes for Atlantic Beach indicate that 26.14%of the total crashes for 2001 were alcohol
related. In 2001 the figure was 13.82% and in 1999 the figure was 14.79%. The city has increased enforcement activities
and education, but more is needed. The vehicle traffic that passes through the two main arteries per day has been
extimated at 46,000 on State Rd Al A and 40,000+on State Rd 10.
I While coducting DUI enforcement, a need for additional equipment has been identified. In-car Video/Radars are a
valuable tool in DUI enforcement and prosecution. We also identified a need for local inner city checkpoints specifically
focusing on underage and adult DUI's.To accomplish this task,we will need a traffic counter to assist with statistical
information gathering, a generator, a traitor to transport DUI checkpoint equipment-cones, light signs, etc, a vehicle to
transport the trailer. .
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1 AGENDA ITEM#8C
APRIL 26,2004
500-065-01
SAFETY
' 06/03
Proposed Solutions
' The purchase of the equipment in this proposed grant would allow the police department to conduct safe and more
efficient DUI task force operations. These operations will be conducted a minimum of every three months. Operations will
involve checkpoints and roving operations that will include daily traffic enforcement, and selected nights to target DUI
drivers. Officers will work at least ten hours of this type of enforcement each week.
A task force has been created and staffed with one supervisor and four patrolmen.They are scheduled for five hours or
more at night, during peak DUI enforcement activities. The task force will be coordinated with surrounding agencies when
' possible as a countywide effort. The sobriety checkpoints will be set up on the main arterial roadways with the assistance
of FHP and FDOT. A request for temporary closing or use of State Roads will be made for each checkpoint.All checkpoint
areas will be marked with temporary signs and lighting. The internal roadway city checkpoints will be a scaled down
version on two lane roadways with a maximum speed of 35 mph. We will set up the checkpoint to DOT standards using
' grant obtained checkpoint equipment. We will also be scheduling additional manpower on nights of special events at the
area high school historically associated with underage drinking. During checkpoint operations additional units will be
employed as saturation patrols in the area's surrounding the checkpoint monitoring traffic flow and enforcing traffic laws.
Objectives
' The objective for 2003/2004 is to reduce the percentage of alcohol related traffic crashes by ten percent, compared to the
reported traffic crashed in 2001, through increasing the number of DUI arrests and increased public awareness and
' deterence.
Evaluation
The success of the program will be measured by figures obtained from the Florida Department of Transportation on
alcohol related traffic crashes in the City of Atlantic Beach, and the number of DUI arrests made by Atlantic Beach Police
Officers.
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AGENDA ITEM#8C
APRIL 26,2004
500-065-01
SAFETY
06/03
Timetable for Milestones
Milestones 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP
1-"' DUI checkpoints hosted by ABPD ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
ABPD assisting other agency checkpoints ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
DUI arrest made at checkpoints ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑
_s
DUI arrests made by ABPD officers ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
ABPD DUI saturation patrols ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
Seat belt citations issued by ABPD ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
Child Safety Seat citations by ABPD ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
O 00000000000
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
O 100000000000
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
D OCIDEEDECIDEO
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
O 00000000000
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
O 00000000000
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
4
IAGENDA ITEM#8C
APRIL 26,2004
I
500-ass-01
Part III: PROJECT DETAIL BUDGET SAFETY
I
06/03
Project Title: Atlantic Beach DUI Enforcement Initiative
E
Project Number: Contract Number:
BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL
FUNDING
I
STATE LOCAL
A. Personnel Services
$ 0 $0 $ 0 $0
$ 0 $ 0 $ 0 $ o
$ 0 $0 $ 0 $0
$ 0 $0 $ 0 $ 0
$ 0 $0 $ 0 $0
$ 0
$ 0 $ 0
$ 0 $ 0 $ 0 $ 0
$ 0 $0 $ 0 $ 0
$0 $ 0 $ 0 $ 0
Subtotal $ 0 $0 $ 0 $ 0
B. Contractual Services
$0 $ 0 $ 0 $ 0
$ 0 $ 0 $ 0 $ 0
$ 0 $ 0 $ 0 $0
LSub-total $ 0 $0 $0 $0
C. Expenses
(200)36" REFLECTIVE CONES (14.25 EA) $2,850 $2,850 $ 0 $0
(10)CHECKPOINTS SIGNS $ 500 $ 500 $ 0 $0
$0 $0 $0 $0
$0 $0 $ 0 $0
$0 $0 $ 0 $ 0
1 $0 $o $ o $ o
$ 0 $ 0 $ 0 $0
$0 $ 0 $ 0 $0
$o $o $ o so
L Sub-total $ 3,350 $ 3,350 $ 0 $0
D. Operating Capital Outlay
(1) SUV-police vehicle $ 25,000 $25,000 $0 $0
(1)Trailer $ 7,000 $ 7,000 $ 0 $0
(1)Generator and (1)light tower $ 3,500 $ 3,500 $ 0 $0
(1)Arrow board $4,387 $4,387 $ 0 $ 0
(1)Variable Message Sign $ 18,300 $ 18,300 $ 0 $0
(1)in-car video units $ 9,800 $ 9,800 $ 0 $0
Sub-total $67,987 $67,987 $0 $0
E. Indirect Cost
$0 $ 0 $0 $ 0
$0 $0 $ 0 $ o
$0 $ 0 $ 0 $ 0
Sub-total $0 $ 0 $0 $ 0
Total Cost of Project $ 71,337 $ 71,337 $ 0 $ 0
Budget Modification Number:
5 Effective Date:
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yr AGENDA ITEM#8C
APRIL 26,2004
500-065-01
BUDGET NARRATIVE SAFETY
06103
Project Title: Atlantic Beach DUI Enforcement Initiative
Project Number: Contract Number:
The following is a narrative description of the project budget by line item by category, detailing the item and anticipated
cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets
as needed.
Budget Modification Number:
Effective Date:
AGENDA ITEM#SC
APRIL 26,2004
500.065-01
Part IV: REPORTS SAFETY
06/03
Quarterly Progress Report Narrative for the FIRST quarter.
Project Title: Atlantic Beach DUI Enforcement Initiative
Project Number:
Implementing Agency:
Project Director:
Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos
and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of
Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of
each quarter.
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IAGENDA ITEM#8C
APRIL 26,2004
I
500-065-01
QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS SAFETY
I
for the FIRST quarter. 06/03
Project Title: Atlantic Beach DUI Enforcement Initiative
Project Number:
Implementing Agency:
I
Project Director:
Milestones Acomplished
Performance
Indicators Quarter Quarter Quarter Quarter
• Ending Ending Six-Month Ending. Ending Project
December 31 March 31 Totals June 30 September 30 Totals
E
0 0 0 0 0 0
C
0 0 0 0 0 0
C
, .
j
r 0 0 0 0 0 0
. 0 0 0 0 0 0
0 0 0 0 0 0
16.
L0 0 0 0 0 0
I0 0 0 0 0 0
I0 0 0 0 0 0
irr
0 0 0 0 0 0
r
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AGENDA ITEM#8C
APRIL 26,2004
500-065-01
Final Narrative Report SAFETY
06,03
Project Title: Atlantic Beach DUI Enforcement Initiative
Project Number:
Implementing Agency:
Project Director:
The following is a chronological narrative history of the above listed project in accordance with Part V:Acceptance and
Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and
accomplishments. Attach additional sheets as needed.
AGENDA ITEM#8C
APRIL 26,2004
C
500-065-01
SAFETY
Part V: Acceptance And Agreement' 06103 Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following
terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of
' costs as set forth herein.
1. Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30,
and July 1 - Septmeber 30. The implementing agency shall submit the Quarterly Progress Report Narrative
and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of
the month following the end of each quarter(January 31, April 30, July 31, and October 31)if the subgrant was
effective during the quarter any part of the quarter. Quarterly reports postmarked after the respective submission
dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative
' Report, giving a chronological history of the subgrant activities, problems encountered, and major
accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing
agency unpaid if the required reports are past due, following notification.
' 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and
fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required
non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the
Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds
shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local
Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB CircularA-21,.Cost
Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local, and Indian
Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, hereby
incorporated by reference, (hereinafter referred to as Applicable Federal Law).
3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply
with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this
agreement pursuant to sections 287.133(3)(a)and 287.134(3)(b), Florida Statutes.
(a) Section 287.133 (2)(a), F.S.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
' bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
(b) Section 287.134(2)(a), F.S.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract
' to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity.
4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in
writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor
by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant
or contractor agreement.
All consultant agreements will contain the following statement:
The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement
of Project#(insert project number), DOT Contract#(insert contrat number). A final invoice must be received
by (insert date) or payment will be forfeited.
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1 AGENDA ITEM#8C
APRIL 26,2004
I
soo-ass.o,
SAFETY
06/03
5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance
with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal
Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable
Federal Law will be subject to repayment by the subgrantee.
6. Travel. Travel costs for approved travel shall be reimbursed in accordance the State of Florida, Department
' of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by
reference, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference
travel, meeting travel which includes a registration fee, and out-of-grant-specified work area travel shall require
written approval of the State Safety Office prior to the commencement of actual travel as being within the travel
budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip
is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to
prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior
' written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day
that are to be reimbursed. Rates exceeding $100 per day shall not be approved unless the hotel is the host
facility for an approved conference or the average rate for all hotels in the area exceeds $100.
' 7. Written Approval of Changes.The subgrantee or implementing agency shall obtain prior written approval
from the State Safety Office for changes to the agreement. Changes to the agreement will be considered which
achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee
require the change. For example:
(a) Changes in project activities, milestones, or performance indicators set forth in the approved application.
' (b) Changes in budget items and amounts set forth in the approved application.
(c)Changes to personnel in positions that are being reimbursed by this agreement.
Changes to the subgrant agreement shall only be requested by the Authorized Representative of the Subgrantee
or the Adminstrator of the Implementing Agency. Changes made prior to getting written approval shall be subject
to the denial of reimbursement. Requests for changes to the subgrant budget must be postmarked no later than
June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be
denied.
8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee .
shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature.
As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drug-Free Workplace (Grants), hereby incorporated by reference, the
subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants,
vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal
government. The subgrantee or its implementing agency shall submit the required certification by consultants
with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g)and 41 U.S.C. 253(g)
(currently$25,000).
9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the
subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the
project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award,
project activity as described herein has not begun, a further statement of implementation delay will be submitted
by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter
is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other
program areas. The State Safety Office,where warranted by excusable delay, will extend the implementation
date of the project past the 60-day period, but only by formal written approval from the State Safety Office.
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AGENDA ITEM #8C
APRIL 26,2004
I
soo-oss-0i
SAFETY
10. Excusable Delays. 06/03(a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors
which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by
' reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of
causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency.
Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of
the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's
consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control
of the subgrantee, its implementing agency and its consultant or contractor, and without the fault or negligence of
any of them, the subgrantee shall not be deemed to be in default, unless (1)the supplies or services to be
furnished by the consultant or contractor were obtainable from other sources, (2)the State Safety Office shall
have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other
sources, and (3)the subgrantee or its implementing agency shall have failed to comply reasonably with such
(b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts
' and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or
more of the said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective
date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is
incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant
performs the service required or when goods are received by the subgrantee or its implementing agency;
notwithstanding the date of order.
12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the
subgrantee, the implementing agency, the subgrantee's consultant(s)or contractor(s)and supplier(s), the
subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments,
cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department
shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date
of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the
ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
13.Access to Records and Monitoring. The Department, NHTSA, Federal Highway Administration (FHWA),
and the Comptroller and Auditor General of the State of Florida, or any of their duly authorized representatives,
shall have access for the purpose of audit and examination of books, documents, papers, and records of the
subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing
agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law.
In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated
by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as
defined by OMB Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety
Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree
to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or
its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the
subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Comptroller or Auditor General.
The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to
allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.
S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant.
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' 14. Audit. This part is applicable if the subgrantee is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised.
' In the event that the subgrantee expends$300,000 or more in Federal awards in its fiscal year, the subgrantee
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida
' Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year,
the subgrantee shall consider all sources of Federal awards, including Federal funds received from the
Department of Transportation. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee
conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised,will meet the
requirements of this part.
In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative
to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
subgrantee expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal funds.
Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by
this agreement shall be submitted,when required by Section .320 (d), OMB Circular A-133, as revised, by or on
' behalf of the subgrantee directly to each of the following:
(a) Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
(b) Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e)and (f), OMB
Circular A-133, as revised.
15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the
Department or its designee access to such records upon request.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or
the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.
42 or 49 CFR, Section 19.53.
16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on
forms provided by the Department(FDOT Form Numbers 500-065-04 through 07). Appropriate documentation
supportive of the reported costs must accompany each claim.
The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at
least once each quarter as costs are incurred and payment is made. The only exception is when no costs are
incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay
periods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly if payroll is on a monthly
basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated.
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All requests for reimbursement of Operating Capital Outlay items having a unit cost of$5,000 or more and a
useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record
(FDOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of
this form.
A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the
subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely
' manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred
if the final request is not postmarked by October 31 following the end of the subgrant period.
The Safety Office has a 30-day review process of finacial reimbursement requests from the date of receipt.
Reimbursement requests will be returned if not completed properly.
17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results
' developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49
CFR, Section 19.36, or OMB Circular A-110, hereby incorporated by reference.
In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a
' royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others
to use:
(a) The copyright in any work developed under a subgrant or contract under a subgrant; and
(b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant
support.
18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a
' system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department,
or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth
in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference.
This obligation continues as long as the property is retained by the subgrantee or its implementing agency,
notwithstanding the expiration of this agreement.
19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the
State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within
30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation,
605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450,whose decision is final. The subgrantee and its
implementing agency shall proceed diligently with the performance of the agreement and in accordance with
Department's decision.
20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement.
Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be
privileged to visit the site for the purpose of inspection and assessment of work being performed at any time.
21. Publication and Printing of Observational Surveys and Other Reports.
wq (a) Before publication or printing, the final draft of any report or reports required under the agreement or
pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence.
(b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following
statement on the cover page:
(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida,
in cooperation with the National Highway Traffic Safety Administration, U.S. Department of
Transportation and/or Federal Highway Administration, U.S. Department of Transportation.
(2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not
necessarily represent those of the State of Florida, Department of Transportation, State Safety
Q Office, the U.S. Department of Transportation, or any other agency of the State or Federal
Government.
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22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or
national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to
discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant
' award. The subgrantee and its implementing agency agree to comply with Executive Order(E.O.) 11246, as •
amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference.
23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the
subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the
Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness,
or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and
employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any
material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its
implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of
' similar materials would exercise.
The parties executing this agreement specifically agree that no provision in this agreement is intended to create in
the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to
maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement.
24. Disadvantaged Business Enterprises (DBE).
(a)The subgrantee and its implementing agency agree to the following assurance:
The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national
origin,or sex in the award and performance of any USDOT-assisted contract or in the administration of its
DBE program required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take
all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and
administration of USDOT assisted contracts. Implementation of this program is a legal obligation and
failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the
' subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided
for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001
and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by
reference.
(b)The subgrantee and its implementing agency agree to include the following assurance in each contract
with a consultant or contractor and to require the consultant or contractor to include this assurance in all
' subcontract agreements:
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall
carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted
contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of
this contract,which may result in the termination of this contract or such other remedy, as the subgrantee,
its implementing agency, or the Department deems appropriate.
25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require
consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated
by reference, for filing of certification and disclosure forms.
No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state
agencies. Section 216.347, Florida Statutes.
26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held
invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
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27. Federal Requirement for Public Service Announcements. All public service announcements produced
with Federal Highway Safety funds shall be closed captioned for the hearing impaired.
' 28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items
reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida
Department of Transportation logo or the words"Funding provided by the Florida Department of Transportation."
' shall appear on all items.
The name of the subgrantee or implementing agency and its logo can appear on printed materials and
promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials
and promotional items paid for with Federal highway safety funds.
Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall
be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if
' the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased
with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items.
29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall
end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the
respective agreement. The subgrant period shall not exceed 12 months.
' 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of$100,000 the
subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act(33 U.
' S.C. 1251 et seq.), herein incorporated by reference. The subgrantee shall include this provision in all
subcontract awards in excess of$100,000.
31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a
new position(s)through a subgrant shall provide written notification within 30 days of the agreement being
awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the
subgrant being awarded. The head of the agency shall request approval from the Safety Office to hire the
individual(s) selected for the new position(s)prior to the start date.
' Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part
through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims
that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee
or its implementing agency.
32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds
rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the
equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal
highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes
described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that
are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this
subgrant.
33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at
their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is
damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment
replacement.
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34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department
shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons:
111 (a) Failure to provide the required audits,
(b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle
' ends,
(c) Failure to provide required quarterly and final reports in the required time frame,
(d) Failure to perform work described in Part II of the subgrant agreement,
' (e) Providing fraudulent quarterly reports or reimbursement requests,
(f) Misuse of equipment purchased with Federal highway safety funds.
35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy,which
is enforced for all employees. A copy of the policy shall be submitted with the subgrant application.
36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard
operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the
procedure shall be attached to the subgrant application.
Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves
conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to
participate shall result in the subgrant being terminated.
37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency
purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the
subgrant certifying that none of the items being purchased with federal highway safety funds is replacing
previously purchased equipment, whether the equipment was purchased with federal, state, or local funds.
38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of
the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress
Report of Performance Indicators.
39.Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have
at least one staff member certified by the American Automobile Association (AAA)as a Certified Child Passenger
Safety Technician. Failure to comply with this provision shall result in the termination of this agreement.
40. Special Conditions.
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IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of
this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of
the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials
on the day, month, and year set out below.
1 •
(For DOT Use Only) SUBGRANTEE
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION City of Atlantic Beach
Name of Applicant Agency Typed
r-1
W By: By:
. ignarure ur AuUiofi[cu rca}nac//iai/vc
Title:
John Meserve
L • • Authorized Representative's Name Typed
•
Date:
iii ;.. .
Title: Mayo r
Attest:
Date:
illill
Attest:
q ' FEDERAL FUNDS ALLOCATED Signature of Witness
ADMINISTRATOR OF IMPLEMENTING AGENCY
By: K_-42_
iiiii Reviewed for the Department of Transportation: Signature of Administrator
David Thompson
ill By' Administrator's Name Typed
Attorney-DOT
in
Date: Title: Director of Public Safety
L
NOTE: No whiteout or erasures accepted on this signature page.
AGENDA ITEM #8D
APRIL 26,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Engineering Services for Median Study of Mayport Road (SR
A1A/101) from Atlantic Blvd. to Dutton Island Road for the City of
Atlantic Beach
SUBMITTED BY: Rick Carper, P.E., Public Works Director/
DATE: April 19, 2004
BACKGROUND: The City Commission has authorized staff to negotiate a contract
with GAI Consultants for design services for medians and bike paths along Mayport
Road. The initial Study Phase of the median analysis will be used to determine the
operational performance and viability of the recommendations of the "Mayport Road
Access Management Study" — (October 2003). This follow-on study is required as part
of gaining FDOT approval for the median installation and resulting decrease from three
travel lanes to two travel lanes in both directions within Atlantic Beach. The FDOT also
requested the study include the portion of Mayport Road between Dutton Island/Church
Road and the Wonderwood Connector. Execution of the attached "Scope of Services"
will provide either documentation that future traffic conditions will satisfy both FDOT
and City Level of Service criteria, or recommendations for modifications that would
enhance traffic operations as much as possible.
BUDGET: $230,059.86 (1/2 cent Sales Tax Fund)
RECOMMENDATION: Award a contract to GAI Consultants for the Median Study of
Mayport Road (SR A1A/101) in the amount of $49,970.19.
ATTACHMENTS: 1. Scope of Services for Median Study of Mayport Road (SR
A1A/101) from Atlantic Blvd. to Dutton Island Road for the City of
Atlantic Beach
2. Contract Fee Summary
REVIEWED BY CITY
MANAGER:
AGENDA ITEM #8D
APRIL 26,2004
City of Atlantic Beach Median Study of Mayport Road Atlantic Blvd to Dutton Island Rd
SCOPE OF SERVICES
FOR A MEDIAN STUDY OF MAYPORT ROAD (SR A1A/101)
from ATLANTIC BLVD. TO DUTTON ISLAND ROAD
FOR THE CITY OF ATLANTIC BEACH, FLORIDA
SCOPE OF PROJECT
Project Description
Mayport Road (SR A1A/101) is a Florida Department of Transportation (FDOT) urban arterial
roadway that is inside the City of Atlantic Beach (Atlantic Boulevard to Dutton Island Road) and the
City of Jacksonville (Dutton Island Road to Wonderwood Connector). The road has a 7-lane typical
section within the City limits of Atlantic Beach consisting of 3-travel lanes in each direction plus a
center two-way left turn (TWLT) lane, and a 5-lane typical section within the City of Jacksonville
limits consisting of 2-travel lanes in each direction plus a TWLT lane.
Mayport Road currently provides access to several businesses, agencies and residential
communities located on the corridor and its vicinity, the most prominent being the Mayport Naval
Station, which is located north of SR A1A.
The First Coast Metropolitan Planning Organization (MPO) has proposed improvements on Mayport
Road within the City limits described above to include median landscaped installation and
beautification of the corridor. In addition, the "Mayport Road Access Management Study" prepared
for the MPO in October 2003, proposes reducing the 7-lane section to 5-lanes and providing bicycle
lanes on both sides throughout the entire corridor, as part of a regional bicycle/pedestrian mobility
plan. The improvements are also aimed at reducing crashes involving motorists, pedestrians and
bicyclists.
The City of Atlantic Beach has requested a median study to analyze the operational conditions and
performance for future traffic when the median installation is implemented.
CONSULTANT Tasks:
COLLECT THE FOLLOWING DATA
Traffic Counts
Perform a 24-hour traffic counts at:
• South of 11th Street
• North of Dutton Island and
• North of SR A1A.
Perform 12-hour traffic turning movement counts and determine the peak hour traffic turning
movements at the following intersections:
• 10th Street(including Post Office entrance drive),
• Plaza Street,
• Levy/Donner Street,
• Edgar Street,
• Dutton Island Road,
• Entrance into Manners Village Apartments, and
• Buccaneer Trail.
Page 1 of 4
AGENDA ITEM #8D
APRIL 26,2004
City of Atlantic Beach Median Study of Mayport Road Atlantic Blvd to Dutton Island Rd
Traffic Projections
Records of Annual Average Daily Traffic (AADT), conducted by FDOT or City, within the
project limits.
Future AADT forecasts for Mayport Road for year 2025 by the MPO using the Jacksonville
Urban Area Transportation Study (JUATS) model.
Updated records of crash data from FOOT.
Review the "Mayport Road Access Management Study" prepared for the MPO in October 2003, and
the `Mayport Road Corridor study" prepared for the City of Atlantic Beach and City of Jacksonville in
May 2001.
Perform a field review of vehicle U-turns, driveways, property and utility impacts.
PERFORM A TRAFFIC ANALYSIS
The CONSULTANT will:
• Perform a Level of Service (LOS) analysis of the entire corridor using the Highway Capacity
Software(HCS 2000).
• Perform an analysis of the corridor within the City of Atlantic Beach limits to determine traffic
operational conditions and performance under both existing and proposed median
installations as recommended by the"Mayport Road Access Management Study".
• Perform a Level of Service (LOS) analysis of all signalized intersections and un-signalized
intersections that will remain open after implementation of median installations as
recommended by the"Mayport Road Access Management Study". The analysis will evaluate
both current conditions and projections for the year 2025 (from the adopted JUATS model).
The CONSULTANT will make qualitative observations at local streets where no traffic counts
are available and identify possible effects of the proposed changes to U-turns onto local
streets. The ITE Trip Generation Handbook will be used to estimate traffic volumes.
• Determine length of turn lanes needed at median openings and at intersections for both
Mayport Road and Side Streets impacted by the proposed median installation.
The median analysis will be used to determine the operational performance and viability of the
recommendations of the "Mayport Road Access Management Study". The objective will be to
determine whether future traffic conditions would satisfy FDOT and City standards and criteria for the
corridor. In the event that projected future LOS is below FDOT and City standards and criteria, the
study will include recommendations for modifications that would enhance traffic operations as much
as possible.
Meetings
The CONSULTANT will coordinate and participate in meetings with the Cities of Atlantic Beach and
Jacksonville, FDOT, Jacksonville Transportation Authority (JTA), MPO and Mayport Naval Station
during the study to promote a consensus among the affected agencies involved with the corridor (8
meetings estimated).
The CONSULTANT will assist and support the City and participate in community meetings by
providing project displays and attending the meetings.
Reports
The CONSULTANT will prepare A DRAFT PRELIMINARY REPORT documenting the information
gathered during the study and the median traffic analysis performed and present to the City and all the
agencies involved for review.
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AGENDA ITEM #3D
APRIL 26,2004
City of Atlantic Beach Median Study of Mayport Road Atlantic Blvd to Dutton Island Rd
The CONSULTANT will PREPARE A FINAL STUDY REPORT documenting the information
gathered and the median traffic analyses performed supporting the recommendations. The
CONSULTANT will address and incorporate the comments received from reviewers before issuing
the FINAL STUDY REPORT to the City.
STUDY PHASE DESIGN CRITERIA
All design criteria will conform to the Manual of Uniform Minimum Standards for Design. Construction
and Maintenance of Streets and Highways (the Florida Greenbook), MUTCD, State of Florida Laws,
Rules, and Administrative Procedures, latest edition of the City Standards and the Land Development
Procedures Manual, Florida Department of Transportation Standards, the American Association of
State Highway and Transportation Officials Policy and Guidelines.
STUDY PHASE SEQUENCE OF SERVICES
Data Collection:
• Traffic Counts
• Review existing reports.
• Traffic future forecasts by MPO
• Traffic and crash data from FDOT —0. Determine peak hour traffic volumes. —
—► Perform median analysis. Redistribute corridor traffic and make projections. —
—► Calculate LOS of the entire corridor for existing and proposed conditions. —
u
—0* Calculate LOS of the intersections for existing and proposed conditions. —
—i Determine length of left tum lanes at median openings. —
—0. Review utility,property and driveway impacts. —
- ► Prepare Draft Preliminary Study Report —
—0. Attend Community Meetings —
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-0. Prepare Final Study Report
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AGENDA ITEM#8D
APRIL 26,2004
City of Atlantic Beach Median Study of Mayport Road Atlantic Blvd to Dutton Island Rd
STUDY PHASE PROJECT SUBMITTAL REQUIREMENTS
• Draft median traffic study report(10 copies).
• Provide board-mounted displays showing project layouts and typical roadway sections for
Community Meeting as necessary.
• Final median traffic study report (10 copies) to include revisions resulting from reviews and
Community Meeting.
• Conceptual construction cost estimates.
TIME SCHEDULE
Project Schedule: Within ten days after the Notice to Proceed, the CONSULTANT will provide a
schedule of calendar deadlines. The schedule will be prepared in a format prescribed by the City's
Program Manager.
The Study Phase will follow the time schedule listed below:
• Draft Preliminary Study Report submittal 60 days from date of Notice to Proceed.
• Draft Final Study Report submittal 21 days from City/FDOT review of submittal
' • Final Median Study Report 14 days after Public Information Meeting to include
public comments.
' NOTICE TO PROCEED . .
No work on this project will be performed until a contract has been fully executed and a written
Notice to Proceed is issued which specifically authorizes such work.
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EAGENDA ITEM#8D
APRIL 26,2004
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Exhibit B
CONTRACT FEE SUMMARY FORMAT FOR ENGINEERING DIVISION
CITY OF ATLANTIC BEACH, FLORIDA
1 PART I GENERAL
1. Project 2. Proposal Number
Mayport Road Median Analysis Study
V 3. Name of Consultant 4. Date of Proposal
GAI Consultants,Inc. 4/16/2004
EPART II :i LABORRELATD TCOS .:5. Direct Labor Hourly Estimated Estimated
Rate Hours Cost TOTAL
Project Manager(Responsible Prof.) $ 41.82 97 $ 4,056.54
E Senior Traffic Engineer $ 38.00 109 $ 4,142.00
Traffic Engineer $ 26.00 204 $ 5,304.00
Designer or Technician $ 23.00 30 $ 690.00
L Drafter $ 18.60 18 $ 334.80
■ Clerical $ 15.00 40 $ 600.00
TOTAL DIRECT LABOR $ 30.38 498 $ 15,127.34
I 6. Overhead (Combined Fringe Benefit & Administrative)
Overhead Rate 150 % x Total Direct Labor $ 22,691.01
7. SUBTOTAL: Labor + Overhead (Items 5 & 6) $ 37,818.35
II8. PROFIT: Labor Related Costs (Item 7) x 10% $ 3,781.84
PART.:I l OTHER;'COSTS
E 9. Miscellaneous Direct Costs
(Reproduction,Transportation,Deliveries, Reports) $ 3,000.00
$
Is
MISCELLANEOUS DIRECT COSTS SUB-TOTAL $ 3,000.00
I $ -
10. SUBCONTRACTS (Lump Sum)
I
Traffic Counts (Peggy Malone) $ 5,370.00
$
SUB-CONTRACT SUB-TOTAL $ 5,370.00
ITOTAL LUMP SUM AMOUNT (Items 5, 6, 8, 9 , 10 and 11) $ 49,970.19
AGENDA ITEM#8D
APRIL 26,2004
I
ESTIMATE OF WORK EFFORT AND FEE FOR
MEDIAN TRAFFIC STUDY FOR THE CITY OF ATLANTIC BEACH
GAI Consultants, Inc.
RFP NO.:
Prepared: Apil 16, 2004
I Estimator's Name : Ronald F. Hoogland
MAN
Scope of Service HOURS
Activities BY
ACTIVITY
A Study Phase Services
E
1 Data Collection
a.)Traffic data for Study(also collect documents and info for review) 52
2 Field observation&inspection(Utility,driveways&property) 44
I3 Traffic analysis
a.)Peak hour turning movement volumes 36
' b.)Traffic re-distribution with median installation 36
c.) LOS Analysis at intersections(7) 34
d.)Operational and Performance Measures Analysis 28
' e.)LOS Analysis of the entire corridor 22
f.) Determine left turn lanes 26
6 Project Meetings
a.)FDOT/CITY 46
7 Draft Preliminary Report 68
' 8 Community Meeting(1) 6
a.)Community Presentation Boards 26
I9 QA/QC(Report) 14
10 Final Study Report 60
I11 Schedules and Cost Estimates 40
TOTAL 498
AGENDA ITEM#8E
APRIL 26,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Preliminary Nat for Cornell Two Subdivision and a request for a
Subdivision Waiver by Beaches Habitat for Humanity to allow new
■r residential lots with width of less than seventy-five (75) feet at the
Building Restriction Line and less than 7,500 square feet of lot
area.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director sige
•
DATE: April 06, 2004
BACKGROUND: Beaches Habitat has submitted a preliminary plat for a new subdivision
to be known as Cornell Two. The proposed project consists of eight lots, each to be developed
with a duplex, for a total of 16 dwelling units. The site is zoned RG-2 (multi-family) and is
located within the Residential, High Density Comprehensive Plan future land use category.
Beaches Habitat has requested that some lots be permitted to contain less than 7500 square feet
of lot area and less than 75-feet in width. The proposed lots, as depicted on the attached
Concept Plan, range from 5018 square feet to 9,200 square feet in size. In order for the project,
as now designed, to proceed through Preliminary and Final Plat approval, the reduced lot sizes
' must first be approved by the Commission. Section 24-191 sets forth conditions under which
the City Commission may waive requirements of the Subdivision Regulations.
This site is within one of only two remaining undeveloped areas of the City with a land use
designation of Residential, High Density, which permits 15-20 dwelling units per acre. In
other words, the Comprehensive Plan requires a minimum of 2175 square feet of lot area per
' Dwelling Unit in the High Density category, as set forth within Section 24-87 of the Land
Development Regulations. The minimum lot area per Dwelling Unit on any of the eight
proposed lots is at least 2500 square feet, and all lots exceed 5000 square feet in size. Staff
' finds the requested waiver consistent with the Comprehensive Plan, particularly those policies
that support provision of affordable housing. Development of the site will be subject to all
other applicable Land Development Regulations, including stormwater management,
impervious area limits, building setbacks, required parking and street design standards.
BUDGET: No budget issues.
' RECOMMENDATION: Approve Subdivision Waiver, as requested and pursuant to Section
24-191, in support of the Housing Element of the of the Transmittal Draft of the
' Comprehensive Plan, specifically Policy F.1.1.5, which states: The City shall continue to
provide assistance and incentives where possible to encourage new affordable housing and
preservation of existing housing stock through the CDBG funded housing rehabilitation
program and through assistance to organizations such as Beaches Habitat and Builders Care.
ATTACHMENTS: Section 24-87 and proposed preli nary plat for Cornell Two subdivision.
' REVIEWED BY CITY MANAGER:
' April 26,2004 regular meeting
A
AGENDA ITEM#8E
APRIL 26,2004
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
Sec. 24-87. Design and Construction Standards for Two-family (Duplex) Dwellings and
Townhouse Units
r (a) Development of Two-family (Duplex) Dwellings and Townhouse Units, occurring after the initial
effective date of these Land Development Regulations, shall be allowed only where Lot Area is in
compliance with the Density limitations as set forth within the Comprehensive Plan, unless otherwise
determined to be a Vested Development in accordance with the terms of this Chapter. Within areas
designated by the Comprehensive Plan for High Density residential Development, a minimum Lot
Area of 2175 square feet shall be required for each Dwelling Unit. For areas designated as Medium
Density, a minimum Lot Area of 3100 square feet for each Dwelling Unit shall be required, and
within areas designated by the Comprehensive Plan as Low Density, a minimum Lot Area of 7250
square feet for each Dwelling Unit shall be required.
(b) Two-family and Townhouse Dwelling Units shall be separated by a firewall which shall meet the
Florida Building Code firewall separation requirements for Multi-family construction.
(c) Dwelling Units separated by an open and uncovered breezeway, elevated open walkway, or similar
type connection, shall not be considered as Two-family Dwellings or Townhouses, and shall be
' required to meet regulations applicable to Single-family Dwellings. Dwelling Units attached by any
type of solid, continuous or connected roof, however, shall be considered as a Two-family Dwelling
or a Townhouse and shall be permitted only within those Zoning Districts where Two-family
' Dwellings and Townhouses are permitted and in accordance with applicable Density limitations.
(d) Adjoining Two-family or Townhouse Dwellings Units shall be constructed of substantially the same
' architectural style,colors and materials.
(e) Adjoining Two-family or Townhouse Dwellings Units shall be constructed at substantially the same
time or in a continuous sequence unless an existing Structure is being renovated within the same
tBuilding footprint.
Sec. 24-88. Garage Apartments (as allowed in combination with Private Garages).
In any residential Zoning District, where a Lot has a width of fifty (50) feet or more and extends from
' Street to Street (or Street to Ocean front in the case of ocean-front Lots), a single Garage Apartment in
combination with a Private Garage may be constructed on such double frontage Lots (See Section 24-84.)
subject to the following provisions.
(a) The Structure containing the Private Garage and the Garage Apartment shall not exceed twenty-five
(25) feet in height.
' (b) The total Floor Area of the Structure containing the Private Garage and the Garage Apartment shall
not exceed seventy-five (75)percent of the heated and cooled area of the Principal Dwelling.
(c) There shall be not less than twenty (20) feet between the Principal Dwelling and the Structure
containing the Private Garage and the Garage Apartment.
(d) The Use restrictions and the minimum Yard requirements that apply to the Principal Dwelling shall
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
Iwith amendments through December 08, 2003
44
AGENDA ITEM#8E
APRIL 26,2004
I I I
Beaches Habitat
Habitat for Humanity of the Jacksonville Beaches, Inc. April 2, 2004
Sonya B.Doerr, AICP
Community Development Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233-5805
Re: Cornell Two Subdivision
Dear Sonya,
Included with this letter please find the copies of the following information for your review and distribution:
1) Cornell Two Subdivision Concept Plan(11-copies)
2) Project Location Map(11-copies)
The referenced project's zoning(RG-2)allows for High Density Residential projects.It is the intent of Beaches
Habitat to construct a road and utilities to serve six(6)two-story and two(2)one-story duplexes on the site.
The total number of units in this development will be sixteen(16).This is minimum number of units that can
be constructed while meeting our financial goals for the project.Accomplishing these goals will require that
the minimum lot size within the development to be 5,018-square feet.This is less than the 7,500-square foot
minimum required by the City of Atlantic Beach's Comprehensive Plan.Beaches Habitat is requesting that the
minimum lot size requirement established in the comprehensive plan be waived for this project on the grounds
that the proposed plan provides a less dense development than is allowed for the RG-2 zoning district. .
Thank you for your time and attention to this project. Should the City of Atlantic Beach have comments or
require additional information feel free to contact us at your convenience(241-1222).
Sincere y
/
e
Charles E. Kennedy.P.E.
Site Acquisition Committee
cc: Ralph Marcello
P.O. Box 50939 • Jacksonville Beach, Florida 32240 • (904) 241-1222
AGENDA ITEM#8E
APRIL 26,2004
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