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12-12-16 Agenda PacketInvocation and pledge to the flag Call to order 1. Approval of minutes CITY OF ATLANTIC BEACH CITY COMMISSION MEETING DECEMBER 12, 2016 -6:30 PM AGENDA A. Approve minutes of the Commission meeting on October 10, 2016. B. Approve minutes of the Roundtable Meeting on November 10,2016. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Street Sweeping I Vacuum for the Public Works Department (Commissioner Stinson) 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Finance Report and the New Business Listing for October 2016. B. Authorize the City Manager to sign the St. Johns River Water Management District Cost Share Agreement for the AMI Implementation Project. 5. · Committee Reports A. Appointments to the Community Development Board. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 90-17-226, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CONSIDERING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. B. Ordinance No. 95-17-113, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO AN ANNUAL FEE OF $50; LIMITING THE NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 50; PROVIDING FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM BY THE CITY COUNCIL AFTER EIGHTEEN MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 1 IN ATTENDANCE: MINUTES REGULAR CITY COMMISSION MEETING October 10, 2016 CITY HALL, 800 SEMINOLE ROAD AGENDA ITEM 1A DECEMBER 12, 2016 Mayor Mitchell E. Reeves Mayor Pro Tern Jimmy Hill Commissioner Mitch Harding Commissioner John Stinson City Attorney Brenna Durden ABSENT: City Manager Nelson Van Liere City Clerk Donna L. Bartle Recording Secretary Della Giovanni Commissioner M. Blythe Waters (excused) Invocation and pledge to the flag Mayor Reeves gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:34p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. Mayor Reeves reported that Commissioner Waters has an excused absence because she followed the evacuation rule for Hurricane Matthew; she is out of town trying to make it back. 1. A. B. C. D. Approve minutes ofthe Workshop on September 26, 2016. Approve minutes ofthe Roundtable meeting on September 10, 2016. Approve minutes of the Budget Workshop on August 15, 2016. Approve minutes of the Budget Workshop on August 24,2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no conections, so Mayor Reeves stated the minutes are accepted as submitted. 2. Courtesy of the Floor to Visitors A. Presentation from Margo Moehring on Maritime Management Plan Margo Moehring, Policy Director with the Northeast Florida Regional Council, 6850 Belfmi Oaks Place, Jacksonville, gave a presentation on the Maritime Management Plan. She explained the Plan is being funded by the City of Jacksonville and the Florida Inland Navigation District. The team is led by her with the assistance from the University ofNorth Florida and Jacksonville University, who will assess the City of Jacksonville facilities and develop a methodology to prioritize investment in maintenance, capital improvements and acquisition. The City of Atlantic Beach will continue to review their facilities as they are currently being done. There will be an overall inventmy for Duval County. Another goal of the Plan is to assess the importance of waterways to the county's economy, natural resources, community resources and develop policy recommendations to retain and enhance the value of the watetways. She explained the three phases which are 1) Research and survey phase, 2) Assessment phase, and 3) Final phase. She added that the Jacksonville University team is working on a story map to tell the story of the resources. Commissioner Stinson questioned what involvement, if any, the St. Johns Waterway Management has in the Plan. Ms. Moehring responded that St. Johns Waterway Management is not a partner working on the plan but is aware of the Plan. Commissioner Hill asked what the goal of the Plan is. Ms. Moehring explained the City of Jacksonville wants a review and assessment of their facilities and then a methodology to prioritize what work they should do going forward. She explained it is also to look at the value of waterways having to do with economics, community value and resource value. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page2 Commissioner Hill asked about the format of the meetings. Ms. Moehring responded that they are back and forth open floor discussions. 2. Courtesy of the Floor to Visitors Mayor Reeves opened the Courtesy of the Floor to Visitors and explained the process. City Clerk Bartle called each speaker to the podium. Anne Roberts, 222 Poinsettia St., did not come to the podium, but expressed her support of First Act Theater project. Aine Healy-Richardson, 612 13th Ave. N., Jacksonville Beach, spoke in support of First Act. Chris Jorgensen, 92 W. 3rd St., spoke about hurricane preparedness. He thanked First Responders, the Police and Fire Departments, residents who assisted in the hurricane, Public Works' staff and Public Utilities' staff. He spoke about erosion. He thanked Commissioner Stinson for his campaign on Emergency Preparedness. He suggested a generator for City Hall and reported the number of hits received on his Twitter site which has public service announcements. Lou Keith, 1845 Tierra Verde Dr., professional tennis umpire, explained his professional tennis credentials, experience and involvement with organizations. He spoke against Item 4E regarding the tennis pro. He stated his disapproval of the suggestion to install a CC television at the Russel Park Tennis Courts explaining it is not a solution for public access to the City tennis courts. He spoke against allowing a For-Profit business to lease 50% of the tennis courts at $200 a year. He reported discussions he had with Recreation Director Timmy Johnson and with Mr. Catalan and believes Mr. Catalan has been allowed to monopolize public tennis courts with the City's blessing. Mr. Keith explained his recommendations for handling the tennis court schedules. He strongly recommended that the tennis professional contract not be renewed. Betsy Cosgrove, 116 Poinsettia St., thanked the Commission and staff for their service. She referred to the September 29, 2016 letter from T.R. Hainline, which was included in the agenda packet for Item lOA. She stated she agrees with Mr. Hainline's interpretation of Section 3-2, and Chief Deal's confirmation, but wanted to share Section 3-4 since Mr. Hainline did not address that section of the Code in his letter. She referred to her handout and explained her interpretation of Sections 3-2 and 3-4. She asked the Commission to consider limiting the hours of operation for the Gate Gas Station and suggested the hours of operation be from 6 am -11 pm. John November, 536 South St., Neptune Beach, thanked the Commission for moving forward with the creation of the committee to support our trees, ours parks and the overall beautification of the city. He indicated he looks forward to beginning the dialogue at the meeting this Saturday at Jordan Park and hopes for a good turnout from the committee members. He explained the presentation he plans to give regarding Bennett's Landing and expressed support for the acquisition of Johnson Island. Mr. November feels that the new plan will benefit the City of Atlantic Beach for years to come. He gave thanks to the public officials for their work during the hurricane. Mark Tingen, 1198 Sandpiper Ln., thanked the Mayor, City Commissioners, City Staff, Police Department, Fire Department and Public Works for doing a great job, for the communication to citizens, for pulling together, and for giving their time to the residents when they could have been with their families. Suzanne Shaughnessy, 168 Ocean Walk Dr. S, congratulated the City on the way it came through the storm. She pointed out that our great fortune was a result of not only the storm changing its tracks, but also our geography and she explained the reasons. She congratulated and thanked Mayor Reeves for being at the emergency operations center and explained the importance of it. She was impressed by how the City of St. Augustine gave televised briefings from their city manager and staff. She suggested our city manager briefings not only be televised, but also be posted immediately to the City's website for citizens to see. She explained how ABAA has contributed to the October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page3 City by providing supplies and equipment for the fields. She believes they serve more citizens than any other activity in the city and they plow more money back into the city facilities than any other 501(c)(3) organization in the city and suggested their contract be renewed at an annual cost of$10.00. Sharette Simpkins, 354 19th St., stated she is disgusted about how code enforcement works for Atlantic Beach. She noted she has been in the same house for 30 years and has seen things go haywire. She gave examples ofhow the City handled her complaints, noting she has been writing complaint letters since 1999 and is still dealing with the same problem. She read from a letter she wrote to the Mayor on July 13,2016 regarding several complaints she had submitted to the City of Atlantic Beach Code Enforcement Office. She further explained why she believes the services she is receiving from the City is insufficient and would like code enforcement to review the Code and make necessary changes. Brooke Anderson, 824 Sherry Dr., parent of a child who has benefitted from Aine Healy Richardson's program, spoke in support of the First Act program being at the Adele Grage Theater. She thanked the Commission for listening and valuing the desires of Atlantic Beach residents. She also thanked Commissioner Stinson for being action-oriented and for coordinating a meeting with the appropriate stakeholders to rapidly coming up with a solution that allows First Act to return to their home theater. She expressed gratitude to Mayor Reeves for his handling of the weather emergency and for his capable leadership and desire to serve the citizens. Judy Hulett, 1100 Seagate Ave., Neptune Beach, president of ABET, thanked the Commission for always supporting ABET. She explained what ABET does for the City. They offer the community local theater; they bring people into the City; and they entered into an agreement with the City for a grant where they pledged $25,000 for improvements to the building which will benefit evmyone, if the grant is received. She stated they do try to make sure others can use the building as well for things such as weddings and Songwriters. She is proud that the City supports and appreciates the theater for their citizens. City Clerk Bartle read the names and comments from the citizens who did not want to speak as follows: Ingrid McCawley, 345 4th St., supports First Act's utilization of the Adele Grage Community Center for the benefit of our community. Mary Di Matthew, 901 Ocean Blvd. #10, suppotis First Act. Sally Clemens, 1638 Park Terrace West, supports Item 8C. Anne Marie A wad, 2254 Barefoot Trace, supports First Act. No one else from the audience spoke so Mayor Reeves closed the Comiesy of the Floor to Visitors. 3. Unfinished Business from Previous Meetings A. Establishing the Beautification & Natural Resource Preservation Advisory Committee and Appointing the Members. Mayor Reeves asked that each Commissioner present two names for membership on the Committee and explained that Commissioner Waters submitted hers to the City Clerk which she will report. The names were given as follows: Commissioner Waters-Linda Lanier and Bruce Andrews Commissioner Stinson -Mike Borno and Sarah Andrew Dark Commissioner Hill-Tim Anderson and Don Ford Commissioner Harding -Dawn Scott Commissioner Harding tried choosing John November as his second name but Mayor Reeves advised him that Mr. November has already been appointed. After brief discussion, he decided to yield the October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 second person as one of the qualified applicants that were submitted to the City Clerk. Commissioner Hill spoke about Chip Drysdale and his background. Mayor Reeves -Judith Leroux and Suzanne Shaughnessy Mayor Reeves explained that all the appointments should be made prior to the October 15, 2016 Town Hall Meeting. Mayor Reeves recommended a motion and Commissioner Hill suggested that the item wait until after the first break to allow Commissioner Harding time to look over the applications. Commissioner Harding stated he is unfamiliar with the names on the list, other than John November. Motion: Accept the names that have been mentioned and accept a final name (from Commissioner Harding) off of the existing list, not to be added to, before the Town Hall Meeting on October 15, 2016. Moved by Hill, Seconded by Commissioner Harding. Mayor Reeves recommended having past Mayor Mike Borno be the Chair and past Mayor Suzanne Shaughnessy be the Vice Chair to the Committee. Discussion ensued about how the Chair should be chosen. Commissioner Stinson agreed with the idea, however preferred that the roles be co-chairs for Mr. Borno and Ms. Shaughnessy to help keep the committee focused on its purpose. Commissioner Hill spoke about allocating City Attorney time to the early stage of the committee. Mayor Reeves explained they need to come up with a charge for the Committee. Commissioner Hill liked the suggestion from Commissioner Stinson for co-chairs. Mayor Reeves expressed concern about residents not knowing the rules for permitting in regards to trees and directed the City Manager to get infonnation out as soon as possible, while the tree people are here due to the storm. Commissioner Hill explained there is a huge difference in an Arborist and a Tree Service. He believes there are a lot of tree cutters in our City right now. He urged citizens to use professional arborist. Commissioner Stinson questioned whether Mayor Reeves is asking for an amended motion to include the co-chairs explaining it was not in the original motion. Mayor Reeves requested an amended motion to include the co-chairs. Amended Motion: Amend the original motion to appoint Mike Borno and Suzanne Shaughnessy as co-chairs of this Committee in the interest of efficiency. Moved by Stinson, Seconded by Commissioner Hill. Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED Commissioner Stinson questioned whether a vote needs to be taken on the original motion. City Attorney Durden answered that she thought that the original motion was voted on already, but deferred to the City Clerk for guidance. Discussion ensued and it was determined that another vote was needed to approve the original motion as amended which is: Accept the names that have been mentioned and accept a final name (from Commissioner Harding) off the existing list, not to be added to, before the Town Hall Page4 AGENDA ITEM 1A DECEMBER 12, 2016 October 10, 2016 DRAFT REGULAR COMMISSION MEETING PageS Meeting on October 15,2016 and appoint Mike Borno and Suzanne Shaughnessy as co-chairs of this Committee in the interest of efficiency. Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MA TIERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Building Department Monthly Activity Report for July 2016 and Financial Report and Business Information List for August 2016. B. Authorize the City Manager to sign the contract with ABET for use of Adele Grage Cultural Center from October 1, 2016 through September 30, 2017. C. Authorize the City Manager to sign the contract with First Act for use of Adele Grage Cultural Center from October 1, 2016 through September 30, 2017. D. Authorize the City Manager to sign the contract with ABAA for October 1, 2016 through September 30, 2017. E. Authorize the City Manager to sign the contract with Brecht Catalan for scheduled use of the tennis courts at Russell Park from October 1, 2016 through September 30, 2017. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner wanted to pull an item from the Consent Agenda for discussion. Commissioner Hill pulled Items B, C, and E from the agenda. Mayor Reeves pulled Item D. Motion: Approve Consent Agenda Item A. Moved by Reeves (No second was requested.) Votes: Aye: 4 -Harding, Reeves, Stinson, Hill Nay: 0 MOTION CARRIED Mayor Reeves opened discussion on Item 4B. Commissioner Hill asked for a report on the final solution. Recreation Director Timmy Johnson gave an updated report on Item 4B regarding renewal of contract for ABET noting the executive director and president of ABET, owner of First Act, city staff and Commissioner Stinson met. He explained that after an extensive discussion, everyone was in agreement to work together, have the uses scheduled and ABET relinquished Mondays and Saturdays to First Act. Commissioner Hill expressed concern about parking. Commissioner Stinson complimented the two organizations for working together and explained that ABET agreed to restructure their children's programs to prevent overlapping with First Act. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page6 Commissioner Hill wanted to be assured that any children activity includes background checks and that the city needs standards if we continue this path. Mayor Reeves clarified that the city already has background checks as a policy. He asked for Judy Hulett to come forward to the podium. He questioned whether ABET has a plan to find another building in order to grow. Ms. Hulett indicated they have a program and a very nice reserve in case they have to leave. Mayor Reeves advised Ms. Hulett that the organization needs to understand that the theater is not their space; it is City space. He suggested that ABET consider paying more than the $200.00 since they are not charged for the electricity to run the lights and sound-system for their programs. Commissioner Stinson expressed interest in renewing the contracts tonight and having the City Manager come back to the Commission in January with a plan showing the assets, the history of charges, and the worth. Mayor Reeves stated he would like to know how many people are being turned away from using the facility due to ABET's usage and what that value is. City Manager Van Liere suggested that for next year, request for proposals for these services be accepted in order to allow other organizations to compete for the use of the facility. He explained that the City does not want to be in business to give tennis lessons, run a theater or run baseball but could put the facilities up for rent with an RFP to let organizations bids and award those instead of doing the same contracts each year. Commissioner Hill was not supportive of the City Manager's idea. He indicated that all this started when ABET separated from the kid's program with First Act. Instead of charging more to the organization, he suggested that they expand their involvement with community-based activities, outreach to seniors, get more local people involved, try not to go geographically larger and keep it a walk/bike to theater. He explained that citizens are in support of kid programs and it is not about economics, rather it is about the value the theater brings to the citizens. Commissioner Hill recommended a 6-month contract that goes for review. Judy Hulett indicated that ABET will no longer have a children's program, but will have a teen program and First Act will continue with the children's program as they have in the past. Mayor Reeves suggested that the Commission renew the annual contract. He stated it is a great theater, but would love to see some programs on the west side of Mayport Rd. Commissioner Stinson reiterated the agreement among ABET and First Act and stated they realize there are some growth issues which is why they are having to coordinate through the city. He commented on an article in the Beaches Leader and clarified that he believed all patiies left feeling like they had agreed to a great plan that offered a solution in the interest of the children, the theater and the city. Commissioner Hill asked if First Act will be able to stand on their own. Commissioner Stinson believes that both organizations can function independently. Motion: Approve Consent Agenda Item B as written. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED Mayor Reeves opened discussion on Item 4C. Commissioner Hill asked if the city could provide First Act with a trailer for storage if that is still an issue. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page? Mayor Reeves spoke about the need to add storage on the Adele Grage property. Recreation Director Timmy Johnson stated that he needs storage also. Aine Richardson, 612 13th Avenue North, Jacksonville Beach, owner of First Act, explained First Act currently has storage in a warehouse on Mayport Road and is comfortable with moving her items to and from the theater due to space restraints as long as they have a little extra time to set up and break down. Commissioner Harding spoke in support of separate contracts for the two organizations. Motion: Approve Consent Agenda Item C as written. Moved by Stinson, Seconded by Harding Roll Call Votes: Aye: 4 -Hill, Stinson, Harding, Reeves Nay: 0 MOTION CARRIED Mayor Reeves opened discussion on Item 4 D. Mayor Reeves suggested only charging $1.00 to ABAA for the use of the fields since they give back to the community in many ways. Commissioner Hill agreed with Mayor Reeves on his suggestion. Mayor Reeves stepped down to have Commissioner Hill chair the meeting as Mayor Pro Tern so that Mayor Reeves could make a motion. Motion: Approve the contract (with ABAA) for one year at $1.00. Moved by Reeves, Seconded by Harding Commissioner Stinson stated he does not have a problem with reducing the fee, but would like to wait for city staff to go through their evaluation of contracts and make a recommendation. He believes there should be a definitive way to determine who falls under which fee. Mayor Pro Tern Hill requested a vote. Roll Call Votes: Aye: 4 -Stinson, Harding, Reeves, Hill Nay: 0 MOTION CARRIED Mayor Reeves opened discussion on Item 4E. Commissioner Harding refened to No. 2 regarding proof of non- profit status being provided to the City Manager noting that he believes it is a for profit entity. He added on No. 3 on the agreement it states that no fees or admission costs will be charged to the general public for use of these facilities and he believes that the tennis professional is using all six courts still, even after the meeting with him. Commissioner Harding stated he cannot support this contract. Commissioner Stinson reported he has received a letter of concern from a citizen, in reference to allowing "For profit" organizations using city property with little or no fees, wanting the same kind of deal. He also reported three separate letters he received from Louis Keith explaining his ideas and suggestions (which is attached and made part of this Official Record as Attachment A). He believes the City needs to have a way to schedule the use of the courts. He stated he understands Commissioner Harding's concern and believes RFP's may be the answer. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 PageS Commissioner Hill questioned how many citizens were being served by the tennis pro and explained small businesses that use city facilities and do not allow other citizens to use them is problematic and needs addressing. Mayor Reeves suggested that the contract not be renewed and expressed concern about the financial report that was submitted. He stated he would like to give this back to the City Manager and bid it out. City Manager Van Liere explained that, if he is to put specifications out for a contract, he will need guidance regarding how much court time can be tied up. Commissioner Hill requested researching what other cities do based on the number of hours available per court, not number of lessons taught. He would like to keep the courts accessible to non-paying recreational tennis players as much as possible. Motion: Not renew Item 4E. Moved by Hill, Seconded by Harding Roll Call Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION NOT CARRIED Commissioner Stinson requested that the Commission give the City Manager clear direction on where we want to go from here. Discussion ensued and it was decided that 1) The City Manager should notify Brecht Catalan that his contract has not been renewed and 2) The City Manager research with other cities and come back with a recommendation. He asked the City Manager if he has a good idea ofwhere he needs to go from here. City Manager VanLiere believes that the research will vary. He believes the arrangement that the city has had over the years has not changed partly because it has been accepted and to change it means something is going to have to give in the other direction. He stated it is not going to be an easy task to change this, but we can look at the options and see what others are doing and put a chart together and see what we like. 5. Committee Reports There were no committee reports. 6. Action on Resolutions There were no resolutions. 7. Action on Ordinances There were no ordinances. 8. Miscellaneous Business (Discussion only) A. Mayport Road Community Redevelopment Plan Discussion. Planner Derek Reeves presented a slide show (which is attached and made part of this Official Record as Attachment B) as he addressed concerns raised from a previous meeting. He spoke about public input, Mayport Village CRA, COJ meetings and the first five-year costs and he answered questions. Discussion ensued about the process going further. Mayor Reeves explained that he and the City Manager will need to meet with every council member to see where we stand and whether we have a chance or not. Commissioner Hill stated his concern regarding the lag time of waiting for Jacksonville when Atlantic Beach has resources to move forward on some of the projects instead ofwaiting on funds from Jacksonville. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM lA DECEMBER 12, 2016 Page9 Mayor Reeves agreed and explained it will not cost anything but time to go and meet with the Jacksonville officials. He stated it has to have a retum on its money and he believes that if Jacksonville does not buy in, we will have to look into another way to get some things done over there. Discussion ensued about making investments with other funds in an effott to make propmty values rise. City Manager Van Liere stated he does not see any reason to hold back on improving the community waiting for this to happen. Commissioner Stinson confirmed that unused monies go back to the taxing authorities. After further discussion, Mayor Reeves stated the consensus is to keep it in discussion. Mayor Reeves reiterated his plans to meet with each council member in Jacksonville before moving forward. B. Discussion on requesting Florida Department of Transpottation to reduce speed limit on Mayport Road. Commissioner Hill indicated that there has not been much progress made on this due to the storm and was interested in deferring it if staff needed more time. City Manager asked Public Works Director Don Jacobowitz to report on the status of his research. Don Jacobowitz indicated that some research was completed. He reported on his discussion with the FDOT. He leamed that a request to reduce the speed limit can be made. He explained the City made a request in 2002 and repotted that a study was done showing that 85 percent of drivers drove 45 mph. He stated that the same type of study was done again in 2015, which was released in December with the same results. He explained that by deviating from the speed that most people will drive normally, it causes more congestion, more safety concems and more accidents on the road. He explained that FDOT recommended leaving it at 45 mph, back in December 2015 .q2 Commissioner Hill disagreed with their assessment and believes they put the ticker in the wrong area for their study. He would still like to explore lowering the speed limit. He expressed concem about the high number of fatalities of pedestrians, not in the road but on sidewalks. Don Jacobowitz repotted that the traffic data only showed one pedestrian injury which was not a fatality. Commissioner Hill questioned why certain incidents he recalls were not included in the data. Mayor Reeves suggested that Commissioner Hill get with the City Manager and possibly the City Attomey to come up with a resolution to bring to the Commission for a vote and if it passes, the resolution can be sent to the FDOT. Commissioner Hill stated Acting Chief Gualillo should be asked if he thinks it would help the police do their job and if not, he does not want to put the City Manager through the drill. Mayor Reeves reported that he had a discussion with Chief Deal and they are not seeing an issue with accidents on Mayport Road. Commissioner Hill reiterated that they will ask Acting Chief Gualillo his opinion on the matter. City Manager Van Liere indicated that he would find the report from the police depattment that was given to the Commission showing data regarding accidents and fatalities. c. Welcome Park and Welcome Center Opportunity-Johnston Island. Mayor Reeves explained that he would like a consensus to move the item forward. He reported on a meeting he had with the president of the City Council and believes that the City of Jacksonville will join us on this project and that it would be a good opportunity for our city. Discussion ensued about the elevation of the land and what the land could be used for. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page 10 Commissioner Hill stated that he sits on a Small Craft Advisory Subcommittee and reported that the FDOT for security reasons, has eliminated the State of Florida's access to hundreds of places for the public to access water. He stated that the proposed project is a unique oppotiunity to replace one ofthose with a park that does not present a big security risk and would serve a very large number of people. He believes it would provide and maintain a good fishing area for a mixed-use park and there is a potential for additional funding from other sources. He indicated that any infi·astructure on that park would have to be on stilts. He expressed his support of the project and believes it would be a huge asset for the citizens of Atlantic Beach. Commissioner Stinson questioned the history of the property since developers and investors have shied away from this piece of property. Commissioner Hill explained that the City has made it very difficult and have killed projects in the past. Commissioner Harding indicated that there used to be an automotive body shop on the propetiy many years ago and said that people are always fishing there. He stated he would be interested in exploring this project further. City Manager Van Liere stated if the Commission wants to move forward, they should discuss negotiating the purchase of it and if we plan to develop it, we should make sure the project is pennittable before we pay for it. He requested input from City Attorney Durden about the process of acquiring it. City Attorney Durden explained they would negotiate a contract for the purchase of the propetiy and ask for an extensive long period of time for doing our due diligence. During which time we would investigate the property, investigate the permitting issues and determine whether or not we can obtain those permits. She also expects that if the City of Jacksonville is interested in this, there would be some additional funding available, and an interlocal agreement between the COJ and COAB for the development, long-term maintenance and operation of the facility. She explained there may some non-profit organizations that we would want to enter into agreements with for potential operation of some aspects of this project. She stated it is a long process, but it is exciting. She believes it would be an asset for the citizens of Atlantic Beach and her Film will be able to assist. Mayor Reeves asked Derek Reeves if there is an existing PUD. Planner Reeves indicated it was ten or eleven years ago and he would have to see if it expired. Mayor Reeves expressed his interest in finding out what the PUD was for. Commissioner Hill commented about the PUD and the marina being in a difficult location. Commissioner Hill suggested asking Jacksonville if they have any interest in helping us with the project. Commissioner Stinson wanted to know the cost to the taxpayers to negotiate a purchase agreement and to do the due diligence to get us to the point that we are ready to write the check and buy the propetiy. The City Manager was asked to provide an estimate before they move forward. Planner Reeves explained that they have been meeting with the Jacksonville Parks Department and this was mentioned to them. Public Works Jacobovitz suggested posting something on the City's website about the City looking into it and allowing citizens to take an online survey. Mr. Jacobovitz explained that the Maritime Plan people could help identifY other funding sources and other things that could be used to either manage it or acquire it. Planner Reeves reported they are open to working with us to manage this propetiy. The acquisition is the big part they were afraid of, so if we can handle that end, they will partner the rest of the way. They can include it in this Maritime Management Plan and prioritization for their future parks. The consensus was to move forward, investigate it some more, and get some more information for Commissioner Stinson. October 10, 2016 DRAFT REGULAR COMMISSION MEETING 9. City Manager A. 90-Day Calendar (October 2016 through December 2016) AGENDA ITEM 1A DECEMBER 12, 2016 Page 11 City Manager VanLiere reported on the 90-day calendar explaining the Town Hall meeting is scheduled for October 15 1h at Jordan Park Community Center. City Manager Report He gave a hurricane update and highlighted the following: • Staff is currently doing damage assessments to try to summarize the various impacts the storm has on our city buildings, dune walkovers, lifeguard station, parks, and the kayak launch. • Public Works Director is working with the debris clean up company to get them underway. There is a little delay for the opening of the Girvin Landfill, but should be in full force tomorrow. A three-year contract was signed in 2014 and the contracted company came to our aid for this. This delay allowed time for the families to bring their debris to the road which will help with us not making multiple trips to the same locations. • Looking at run-time cost on equipment. Believes the efforts of pumping down the pond in Aquatic Drive prevented water from getting in the homes in the area. • Accumulating a list of the many homes that had trees on them and businesses that had damage. He believes the community came out better than everyone expected. The massive cost for our city will be for debris cleanup. • The post office will deliver mail tomorrow; the power for almost everyone has come back on; There are still issues with AT&T, phones and cable companies with lines down. • Information is on our website about having trees cut up and hauled off. • Thanked Public Safety and Public Works Departments for their pre-storm preparations. They went above and beyond and were ready. Public Works and Utilities Crews cleaned up storm drains, cut away branches, and put pumps in place which proved to help us; They did a great job getting things ready for the storm. Public Safety took us through the event, came out to the city, assessed all the damage, rode around reporting all the incidents such as down power lines and trees blocking the roadway. They worked real well together with Public Works and Utilities crews getting things taken care of. He appreciates their work. • Communications was blasted out as information was received. He believes it helped keep the calls down. Reported the calls frequently asked questions were related to boil water notices and opening of the bridge. The water system never went down, so we never had a boil water notice. The boil water notice was for JEA water customers which Atlantic Beach is not. • Thanked Mayor Reeves for being at the EOC and keeping communications going with the Public Safety Depmiment. • Thanked everybody for their hard work including the Administrative Staff that came in and helped answer the phones. Mayor Reeves addressed Interim Captain Vic Gualillo about the amazing team the City has in our police department. He described how the police personnel was held on the island until it was almost too late. They stayed off the island for 7 Yz hours. He spoke about the Command Post and their constant communications with one officer that stayed on the island. Mayor Reeves showed a video of the police depmiment returning to the island in treacherous weather because it meant more to the depmiment to protect their city than staying off the island. Mayor Reeves explained that when he learned that the officers had brought their own food to the shelter, he made a promise to the interim chief, that they will never again have to provide their own food under his leadership and the City will provide depmiment food and water at all times during an emergency. He complimented Interim Captain Gualillo for being a true leader, a team player and for doing a great job. Interim Chief Vic Gualillo responded by explaining the team of officers are the true heroes. He explained that they worked long hours, had very little sleep and eat cold soup, but did not hear one complaint from them. They were anxious to get back on the island. He commented that they are the reason this was successful and they had a great attitude. He repotied that the Police and Public Works Departments worked well together and believes the hardest October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page 12 thing they had to do was to leave their family and be unable to protect them. He stated that the team did so without hesitation and did their duty to protect the City. He was grateful that Hurricane Matthew was not worse. He complimented City Hall staff for doing a great job and working together to prepare for the storm by moving records and other important things before the storm arrived. He stated the City has a great team of people who came together and did a tough job quickly under some stressful situations and we are thankful. He thanked Mayor Reeves for his kind comments. Commissioner Harding echoed Mayor Reeves sentiments regarding the sacrifices that staff made. He explained his experienced being on the law enforcement side during Hurricane Katrina. He asked that they recognize the sacrifices noting it is very difficult to leave your family at home and not know whether they are safe or not. They are out there doing their job protecting our property and it says a lot about the men and women we have working for the City. He explained that when he worked for the City of Gulfport they came up with a badge and a challenge coin designed specifically for Hurricane Katrina. He asked the Commission to support the recognition and funding for challenge coins and qualification badges that the police department would wear on their Class A uniforms recognizing them as enduring the hardships that were caused by Hurricane Matthews. He offered to show his coin and badge to anyone interested. He thanked staff for keeping everyone updated on the progress of the storm and was grateful that it moved offshore. Commissioner Hill compared this stonn to others that affected the area and believes the City went to work early which he gave the City Manager full credit for. He stated the reason you do not see the City Manager is because it is his job to make sure you do not see him; if you see him, there is a problem. He explained that staffwas working hard and believes that this was the best prepped and responded to incident he had ever seen. He believes the City did a great job and explained that residents may not even know because a lot of work was done before they returned to their homes. He thanked the City Manager and staff for the preparation and thanked the citizens for doing a good job of leaving and of coming back. He asked that the residents be given an independent fmm of information that does not get tied into the regular EOC stuff so we can give specific Atlantic Beach instructions. He believes the problems with communications were that we got lumped into areas of the town that were not the same as ours. He reiterated his gratitude and asked that employees be made aware of it. Commissioner Stinson thanked Mayor Reeves for what he did stating he went above and beyond and kept a lot of people informed as to what was happening on the island which was a true information outlet that a lot of people reached for as the storm passed. He thanked City Manager Van Liere for what he did to get the City ready. He stated to his knowledge, there were no injuries and believes it is critical to get the citizen out of the City and back into the City safely. He also thanked Interim Chief Gualillo and the Police Department for their amazing feat under some really tough circumstances and Officer Jevic for staying on the island throughout the storm. He asked that his gratitude be conveyed to the department. He thanked Mr. Jacobovitz for the preparations and keeping the citizens safe and water out of their homes. He believes the focus on keeping people safe in the City has been tremendous and thanked all the staff. City Clerk Bartle requested that 9A be discussed in order to address which topics are to be covered at the Town Hall meeting on October 15th. She explained her understanding of the two topics and the confusion about discussing the Beautification and Natural Resource Preservation Advisory Committee charge when a charge has not been drafted. Mayor Reeves explained the purpose of the Town Hall meeting is to get feedback from our community about what they would like and an introduction from the Commission to the Advismy Committee. Then, they will come up with a charge for the Advisoty Committee. Commissioner Harding explained the other item which is to get public input on John November's proposal regarding a gazebo at Bennett's Landing and the private funding. Mayor Reeves confitmed that both topics should be covered. October 10, 2016 DRAFT REGULAR COMMISSION MEETING 10. Reports and/or requests from City Commissioners and City Attorney AGENDA ITEM 1A DECEMBER 12, 2016 A. Letter from T.R. Hainline to Chief Deal regarding the hours of operation for the Gate service station. City Attorney Durden • Repmted on the Cloister-A response was filed with the court on Thursday. • Reported on the Gate Appeal-A response brief will be filed on October 19 1h. Page 13 • Addressed the letter (Item lOA) which was added to the agenda on Wednesday-A meeting was held with a number of people including Gate representatives, City Manager Van Liere, City Attorney Durden and three members of the Police Department, Interim Chief Gualillo, Commander Layson and Former Police Chief Deal. They discussed the hours of operation for the Gate Store development and questions were asked about how the police department interprets Section 3-2 and about the hours of operation. Gate proposed that they would have a 24-hour operation, but the sale of alcohol would be prohibited between 2 am - 7 am, in compliance with Section 3-2. As a result, the law firm that represents Gate Petroleum, drafted a letter and requested Chief Deal to sign it. Through the conversation they had at the meeting, they recognized that there were a number of facilities here in Atlantic Beach on Mayport Road and on Atlantic Blvd. that are open during hours that either extend beyond 2 am or earlier than 7 am and although they do not sell beer and wine during those hours, they are in fact open. As a result, Chief Deal looked at the letter and considered the letter and made a determination that it was appropriate for him to sign it. She explained that she wanted to bring it to the Commission's attention because of the many discussions about what the hours of operation would be for the Gate development. She believes that this letter shows that a decision has been made and it was put on the agenda in order to advise the Commission, the citizens and everyone involved. She offered to answer questions and stated she believes it is a reasonable interpretation and it is consistent with past practice that the City has conducted for a number of years Commissioner Stinson asked City Attorney Durden to explain her interpretation of how it differs from the letter Ms. Cosgrove presented. She indicated that Ms. Cosgrove stated she does not disagree with the letter that was addressed and signed by Chief Deal. She explained Ms. Cosgrove's concern is a different section, Section 3-4. There is a provision that provides where retail sales are limited to beer and wine may occur for off-premises consumption. She read from Section 3-4 and explained that this ordinance was adopted May 10, 2004. She disputed Ms. Cosgrove's interpretation by explaining that businesses have been allowed to come into the City to sell beer and wine since 2004. She explained the code provides for two locations that allow for the retail sale of beer and wine for off-premises consumption. Commissioner Hill suggested that the ordinance be reworded to avoid confusion and misinterpretation. City Attorney Durden stated that it could be, but she does not know if it is necessary. City Attorney Durden responded to a question from Mayor Reeves about whether the intention of the ordinance focused on bars. She explained how research shows that since 1957, the hours of businesses selling alcohol have remained the same. She fmther explained that in Chapter 3, not only rooms or places are mentioned, but also to prevent going from one bar to another during those hours. She believes the focus was on bar situations. Mayor Reeves • Thanked the Police Department and all the depmtment heads for an outstanding job. • Commented that not everything was petfect. He requested that the City Manager have department heads debrief the Commission on what went well, what went bad and come up with solutions for improvement. He explained he saw poor communications between departments. He would like to see the City Manager pull his staff together, then have a meeting with the Commission for the debriefing. He believes decisions during emergencies should be made with evetyone sitting in the room instead of over the phone. He explained that he had asked the City Manager to meet with depmtment heads earlier today in order to provide evetything that Interim Chief Gualillo needed and he thanked him for doing that. He suggested having the topic discussed at a Town Hall meeting and allow citizens to provide their input. October 10, 2016 DRAFT REGULAR COMMISSION MEETING AGENDA ITEM 1A DECEMBER 12, 2016 Page 14 • Reported that he released an open letter to the citizens. He will take full responsibility for any decision that was made, whether it was good or bad. He spoke about the Declaration noting that once it is signed, he and the City Manager have equal powers and there are a lot of tough decisions. He spoke about the bridges closing, the importance of evacuating, and DOT's authority to open the bridges. He explained that the DOT had to check the bridges for safety and had to coordinate with neighboring cities to prevent crowding of the bridges. He said decisions were made for protection and safety of the people. He commended Governor Scott for his help and concern and gave a history about what went on after the storm. He expressed concern that inconect infmmation about the timing for the bridges to open was posted on Facebook by a Commissioner may have contributed to the traffic backup. He apologized to the citizens for the inconvenience and for some of the decisions that were made, but he explained it was for everyone's safety. He urged everyone to evaluate next time. • Reported he took a tour on the beach with FEMA and the Corps of Engineers and addressed getting the dunes replaced. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 10:11 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer John, AGENDA ITEM 1A DECEMBER 12, 2016 Just a few comments on our meeting last week with Mr. Catalan, Tim Johnson and Nelson van Liere. I was surprised to find out that Mr. Catalan was not leasing two courts, but three (#4, 5, 6) of our six public tennis courts for $200 annually. Coupled with this, Mr. Catalan also confirmed that he had recently conducted a large group lesson on Courts# 1, 2, 3. He failed to mention that the $75 rental for these three courts was never paid to the City. I know that Mr. Catalan has used these same courts for at least two clinics over the past six weeks. Also, Mr. Catalan commented that if I would have asked him, he would have allowed me to participate in the above group lesson at no charge. Really? He obviously believes that citizens have to clear it with him to use any court at Russell Park. Attached is a draft of the Rules that I believe needs to be posted on the Tennis Courts' Bulletin Board. Thanks again for your support and valuable time on public access to the Russell Park Tennis Courts. Let me know if I can help you on any project. Lou 904/403-6003 LEAGUE PLAY I ' AGENDA ITEM 1A DECEMBER 12, 2016 Atlantic'Beach based non-profit tennis teams may reserve Courts #3, 4, 5, 6 at no charge for league play, Sunday through Saturday, between the hours of 1:OOPM to 5:00PM. Courts #1 and 2 are for public use only--no league play. Send your reservation request at least 30 days in advance to recreation@coab.us The Recreation Department will post your reservation on the Court #1 Bulletin Board. TENNIS PROFESSIONALS A tennis professio~al may give individual or small group lessons at no charge, on one court, either Court #5 or 6. The Russell Park tennis courts are heavily utilized Saturday, Sunday and holidays from 8:00AM to 1:OOPM. During these hours, a tennis professional may use Court #6 only, if available. A tennis professional may reserve Courts #3, 4, 5, 6 only for large group lessons for $25 per court, Sunday through Saturday, between 1:OOPM and 5:00PM. Courts #1 and 2 are for public use only--no lessons. Complete a permit request along with payment 14 days in advance at the Recreation Department, 716 Ocean Blvd, Atlantic Beach, FL 32233. The Recreation Department will post your reservation on the Court #1 Bulletin Board. LEAGUE PLAY AGENDA ITEM 1A DECEMBER 12, 2016 Atlantic Beach-based non-profit tennis teams may reserve Courts #3, 4, 5, 6 at no ·charge for league play, Sunday through Saturday, between the hours of 1:OOPM to 5:00PM. Courts #1 and 2 are for public use only--no league play. Send your reservation request at least 30 days in advance to recreation@coab.us The Recreation Department will post your reservation on the Court #1 Bulletin Board. TENNIS PROFESSIONALS A tennis professional may give individual or small group lessons at no charge, on one court, either Court #5 or 6. The Russell Park tennis courts are heavily utilized Saturday, Sunday and holidays from 8:00AM to 1:OOPM. During these hours, a tennis professional may use Court #6 only, if available. A tennis professional may reserve Courts #3, 4, 5, 6 only, for large group lessons, for $25 per court, Sunday through Saturday, between 1:OOPM and 5:00PM. Courts #1 and 2 are for public use only --no lessons. Complete a permit request, along with payment, 14 days in advance at the Recreation Department, 716 Ocean Blvd, Atlantic Beach, FL 32233. The Recreation Department will post your reservation on the Court #1 Bulletin Board. Talking Points • Public Input • Mayport Village CRA • Summary Sheet for COJ Meetings • First 5 Year Costs ... AGENDA ITEM lA DECEMBER 12, 2016 First 5 Year Costs in the Plan • 1. Mayport Road-$250,000 (Cost Share with FOOT) • 2. Neighborhood Roads-$725,000-$2,825,000 • 6. Commercial Node-$12,000-$60,000 per year • 7. Coordinator-$40,000-$50,000 per year • 9. Fa~ade Improvement Grants-$50,000 per year • 10. Stormwater Study-$50,000 • 11. Police/Code Officer-$50,000 per year • 13. LDR Updates-$100,000 • Total Expendatures-$1,885,000-$4,275,000 • Total Projected CRA Revenue-$856,600 AGENDA ITEM 1A DECEMBER 12, 2016 IN ATTENDANCE: CITY OF ATLANTIC BEACH MINUTES OF THE ROUNDTABLE MEETING HELD AT COMMISSION CHAMBER NOVEMBER 10, 2016 Mitchell E. Reeves, Mayor Jimmy Hill, Commissioner John Stinson, Commissioner AGENDA ITEM 18 DECEMBER 12, 2016 Mike Bomo, Co-Chair of Beautification & Natural Resource Preservation Advisory Committee Suzanne Shaughnessy, Co-Chair of Beautification & Natural Resource Preservation Advisory Committee Nelson VanLiere, City Manager Drew De Candis, Community Development Director Debbie White, Code Enforcement Officer Donna L.. Bartle, City Clerk Commissioner Stinson called the meeting to order at 1:30 p.m. He explained that at the roundtable meeting held on November 8, 2016 and during discussion on the appointment process to the Board Member Review Committee, the topic of using magistrates rather than citizen boards was mentioned briefly. Since the idea was not a topic of the meeting notice posted and publicized, this topic was not discussed and became the originating reason for this roundtable meeting. Special Magistrates Commissioner Stinson explained his opinion about magistrates for Code Enforcement, stating he does not like it because it takes the humanistic side of it out and makes it more of a judicial process. He understands using a Special Magistrate could mean less administrative work for the City and with a Code Enforcement Board, there could be a potential for conflict between neighbors. He stated he wanted to hear from staff about their idea of a Special Magistrate. Community Director Drew De Can dis explained they put together information about the Special Magistrate. Code Enforcement Officer Debbie White stated she does not have a problem with the Code Enforcement Board noting they are doing a fine job. She explained her experience with both a Code Enforcement Board and a Special Magistrate and her preference is a Special Magistrate. She believes a Special Magistrate is more professional, more consistent, no emotions involved, better" process with less paperwork, no need for a quorum or filling vacancies, streamlines the process, and no learning curve. Ms. White reiterated that she does not have a problem with the Code Enforcement Board, but she has done both and can assure you that the Special Magistrate works much better. She explained how Special Magistrates are less expensive for the City. There was a discussion on whether the idea to have the meetings during the day would be a problem. Ms. White stated the meetings are currently held at night to accommodate the Board, not the violator. Commissioner Hill arrived at 1:35 p.m. Commissioner Stinson explained to Commissioner Hill why the meeting was called today. Discussion ensued about the hearing process for Special Magistrates and Code Enforcement Boards and the advantages and disadvantages. Mayor Reeves explained why he put the topic on the Commission agenda for consideration. He explained that a lot of cities are going with a Special Magistrate instead of a Board and he believes it makes the process run smoother and can cost less. He explained the potential of putting neighbor against neighbor when a Code Enforcement Board is used. Mayor Reeves explained that he spoke to the City Manager and if we continue to keep the Code Enforcement Board, we will need look at our ordinances regarding what authority the Board has to reduce fines. He gave examples of situations where fines where reduced. He mentioned asking a question during a Budget Workshop about how much money was taken in from Code Enforcement and the answer was zero because the City has no numbers. He also AGENDA ITEM lB DECEMBER 12, 2016 explained the other reason for a Special Magistrate is for human relations hearings. If we ever have a complaint filed, we only have thirty-days to find a Special Magistrate and hear the case. Commissioner Hill believed the same person could be the Special Magistrate for dangerous dog, human relations and code enforcement hearings, but believes the Special Magistrate for code enforcement should be an extra layer instead of replacing the Board. Mr. De Candis explained the page in his handout titled "Comparisons of Using a Magistrate in lieu of a Code Enforcement Board" (which is attached and made part ofthis Official Record as Attachment A) noting the differences between a Code Enforcement Board and a Special Magistrate. Commissioner Hill explained the value in having citizens on the board and their understanding of the City's standards. Former Mayor Mike Bomo suggested replacing the Code Enforcement Board with a Special Magistrate, adjusting the guidelines for the Special Magistrate where they can arbitrate and resolve and not putting in another layer of Board. He believes a Special Magistrate should be used for HRO, animal control and code enforcement. He believes the other Boards function very well and do not get into situations where they are doing a judicial process against someone. Beautification and Natural Resource Preservation Advisory Committee Commissioner Stinson reported the status of the Advisory Committee and the need for a Charge. He explained he put together a Charge based on the minutes of the Town Hall meeting on October 15, 2016 and the Charge is on the agenda for the Commission meeting on November 14, 2016. He refened to his handout which included the Charge and the List of Administrative Tasks and explained that many of the administrative responsibilities are being pushed to the Committee. They will need to pick a Secretary to take minutes and coordinate with the City Clerk to get meetings posted. He explained he will report the comments expressed today when the Commission addresses the Charge at the next Commission meeting. He said so far he has heard three comments about the Charge which are 1) Should probably defme sunset for the actual Committee that the Advisory Committee is going to create, 2) Consider recycling as one of the focuses for the actual Committee, and 3) Need a shorter name. He urged everyone to review the Charge and the administrative tasks. During discussion about when and where the meetings could take place, Mr. Van Liere questioned why the Advisory Committee would need to coordinate with Parks and Recreation if the meetings are held in the Chamber. Commissioner Stinson and Mr. Van Liere concuned that it applies to meetings at Adele Grage. Commissioner Stinson explained that the task Mr. VanLiere is refening to could be redefined and coordinated through his office. Mr. Van Liere gave reasons why the meetings would be better suited for the Chamber, stating it has audio/visual equipment and more parking. A discussion ensued about the need for the Committee to appoint a Secretary to do minutes. Commissioner Hill requested that generic language be added to the charge that would give the Advisory Committee an option to bring other matters to the Commission if they think of something we missed. Mayor Reeves clarified that he does not want the Advisory Committee to hold off on their meetings while they wait for meetings with the individual Commissioners. Former Mayor Suzanne Shaughnessy thanked the Commission for inviting them to this meeting. She reported that she had spoken to Mr. Bomo before they created the Advisory Committee and they thought their role would be to try to set up a partnership between staff and citizens to increase the awareness and promote the preservation of city resources to include beautification. She indicated what they had in mind was to outline the construct of the committee such as number of members; who can be a member; and are there any specialties to include in the membership. She explained that if the Advisory Committee is structured where each person is assigned an issue as homework and brought back to the Committee, it should not ta:ke them very long. She stated she would like something put in the charge about what specific areas the Commission would like them to look at. Commissioner Hill believes the charge is to be as broad and least restrictive as possible and explained his reasons. He indicated he does not want it to be a steering committee and asked that evmyone involved in the process be heard. He has total confidence in the talent of the Advisory Committee. Minutes of the Roundtable Meeting on November 10,2016. Page 2 of4 AGENDA ITEM lB DECEMBER 12, 2016 Discussion ensued about the diversity, knowledge and talent of the Committee. Ms. Shaughnessy agreed that it should probably have a sunset. Commissioner Stinson explained that the Advisory Committee has a sunset in it, but Mr. Barno asked that one be put in for the standing committee. Commissioner Stinson believes that the Advisory Committee should address that. Ms. Shaughnessy believes that the standing committee should be allow to stand indefinitely without having regular meetings if they do not need to. She believes the standing committee could be used as a tool for the Commission to ask for a review when they want it. Commissioner Stinson, Commissioner Hill and Mayor Reeves did not support a sunset provision for the standing committee. Commissioner Stinson indicated that he would give the City Clerk a revision to the Charge that could be distributed on Monday. Monthly Roundtable Meetings Commissioner Stinson stated roundtable meeting are productive and can be used to make the Commission meetings efficient so they do not last until midnight. He explained his interest in having monthly roundtable meetings where the Commission can sit down and openly talk about any issue that comes up. Agendas/Commission Meetings Commissioner Stinson explained that he believes the Commission Meeting lasts longer than they should. He referred to pages 3 and 4 of his handout (which is attached hereto and made part of this official record as Attachment B) as he explained his idea of putting timelines on agenda categories/items. He pointed out that roundtable meetings could be utilized for various discussion items and questioned whether much discussion is needed on items that have a written repmi in the agenda packet. He explained he is trying to make the meetings more efficient. Ms. Shaughnessy explained that Robert's Rules allows for Committee Reports to be submitted in writing and that the report only needs to be accepted. She believes that instead of having them done in person, have them submitted in writing. If the Commission has questions, they can ask it during Commissioner comments or ask for a presentation to be given at the following meeting. Commissioner Hill does not believe we need to adjust anything on Committee Reports because it has not been taking up much time. He explained his support for having roundtable meetings and spoke about the reasons why he pulls things from the consent agenda and asks questions at the meetings. He does not believe the meetings are too long and believes Mayor Reeves runs a tight meeting and keeps the Commission moving forward. Discussion ensued about the various ways to handle questions and responses and still be transparent. Mayor Reeves stated that he learned from the Florida League of Cities that you are most likely making bad decisions once the meeting goes over four hours. He believes you make better decisions if you stay on topic. He no longer wants to see a contract on the agenda that is due the next week or in 15 days and believes a standard should be set. He spoke about keeping Courtesy ofthe Floor speaking at 5 minutes. Commissioner Hill explained that he sometimes gets into discussions at the meeting just for the sake of getting the answers out to the public. Discussion ensued about the contributing factor that cause lengthy meetings. Commissioner Stinson explained this was not intended to be a critique or criticism of the process; this was intended to encourage the citizens to participate when it is appropriate and he believes they do not solve anything from the dais by just making points. He believes that if there is something that is very bothersome on the agenda, the best thing to do is to push it to the next meeting to allow time to vet it, do research and have a discussion on it that could result in an agreement or a compromise. Discussion ensued about the proposal to put time lines on the agenda items and how to handle situations when the Commission is ahead of schedule. City Clerk Bmile reported that, back when she did the research Minutes of the Roundtable Meeting on November 10, 2016. Page 3 of4 AGENDA ITEM 18 DECEMBER 12, 2016 for a previous workshop, the average speaking time during Courtesy of the Floor was 3. 56 minutes and the average number of speakers were 15. Ms. Shaughnessy explained that if the meetings go too fast and everyone votes nicely and quickly, people assume that you have discussed it ahead of time and outside of the Sunshine. She believes that if a meeting is too long, you would have to ask yourself, which item on the agenda do you want to give less attention to in an attempt to shorten the meeting and sometimes you have to consider that that really is the only place where you are able to talk to each other and a point may be made that the others have not considered. She also believes that the more information you have, the better decision yo_u can make. She suggested that, if the Commission has roundtable discussions, the Mayor report that at the regular meeting. Discussion ensued about public perception and the benefits of holding workshops and briefings. Mayor Reeves explained there will be fmther discussion at the meeting on Monday. Mr. Van Liere expressed his concerns about having regular roundtable meetings to discuss topics on the agenda. He stated he does not feel that what we have now is broken and it is not going that bad. The order of things on the agenda has evolved over many years to be what it is; it ended up where it is because it is what worked the best over the years. Mayor Reeves explained how this workshop has helped him look at things differently from before the meeting and believed it was helpful. Commissioner Hill reiterated his points made earlier about the Commission moving forward on things and are efficient, but agrees that we can be more efficient. He explained the reason he does not get excited about doing it is because he has watched every Commission have the same thoughts. He complimented Mayor Reeves for making a point of clarifying when he is giving his personal thoughts as opposed to acting as the Chair. He believes roundtables are great, but does not know if they should be made as regularly scheduled meetings. Mayor Reeves explained that the order of the agenda is regulated by the City Code and to change it would require an ordinance. Commissioner Hill reported that he has never heard one Commissioner rehash after a vote unless it was at the point where the result of a bad vote came home to roost and they just gloated and it was not the current Commission. Commissioner Stinson explained that he will make the corrections to the charge and hand them out on Monday. Mayor Reeves asked the City Clerk whether the other Commissioners responded as to why they could not attend. City Clerk reported that Commissioner Waters had to work and Commissioner Harding had an appointment scheduled. She confrrmed that the communication she had with them was by phone. The meeting adjourned at 2:48 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Minutes of the Roundtable Meeting on November 10, 2016. Mitchell E. Reeves Mayor Page 4 of4 ATTACHMENT B CITY OF ATLANTIC BEACH COMMISSIONER ROUND TABLE DISCUSSION 10th of NOVEMBER 2016 AGENDA 1) Special Magistrates (1:30pm -1:45pm) a) Background: . ' AGENDA ITEM 18 DECEMBER 12, 2016 i) At the Commission round table meeting he~d on the 8th of November 2016, and during discussion on the appointment process to the Board Member Review Committee, the topic of using magistrates rather than citizen boards was mentioned briefly during discussions. Since the idea was not a topic of the meeting notice posted and publicized, this topic was not discussed and became the originating reason for the round table meeting of the 10th of November 2016; ii) Commissioner Stinson requested a dis.cussion with Mayor Reeves about the use of magistrates as substitutes for citizen boards to be able to convey his opinion on the matter to Mayor Reeves. b) Advantages & Disadvantages: (1) Advantages: (a) Does not have the potentiai for: creating tension or conflict between residents; (b) Minimizes administrative responsibilities ofCity staff. (c) (d) (e) (2) Disadvantages: (a) No sensitivity to factors that may or may not be influential in the matter; (i) Less humanistic, more judicial; (b) Additional City staff responsibilities. (c) (d) (e) c) Recommendation: None. 2) BNRPAC (1:45 pm -2:00 pm) a) Background: i) Initially brought for discussion in the City Commission meeting of the zznct of August 2016, moved forward with City Commission consent on the 12th of September 2016 and members nominated and appointed on the 10th of October 2016. The Town Hall meeting ofthe 15th of October 2016 considered the {(charge" of the Committee (minutes from that meeting are attached). AGENDA ITEM 1B DECEMBER 12, 2016 b) Draft Commission Charge and List of Administrative Tasks (document attached); i) Recommendations received since draft was prepared: (1) Sunset for the standing committee; (2) Consider recycling; (3) Advisory committee to name standing committee. (4) (5) (6) ii) List of Administrative Tasks: (1) Advisory Committee assigned some administrative tasks; (2) Coordination with City staff. (3) (4) (S)A c) Recommendations: Incorporate the suggestions presented at the round table meeting of the 10th of November 2016 into the draft charge as a revision to the draft charge document currently included in the Commission meeting agenda packet for the Commission meeting of the 14th of November 2016. 3) Commission Monthly Round Table Meetings (2:00pm-2:15 pm) a) Background: i) ·Monthly Commission round table meetings, voluntary in participation requirements, are seen as a viable tool to streamline and improve the efficiency of regularly scheduled City Commissio'n meetings (See Agenda Item No.4 below). Round table discussions allow Commissioners to more adequately and openly discuss difference of opinions, to ethically rely on the expertise of fellow Commission members, and to brainstorm as a group with City staff on ideas and proposals desired by the residents and staff that otherwise may not have a readily identifiable compromise to solution. b) Recommendation: The Commission would meet Friday following the first regularly scheduled Commission meeting of each month for the next four months to evaluate the effectiveness of monthly round table meetings. 4) Procedures for Agendas & Commission Meetings (2:15-2:45) a) Background: i) Regularly scheduled City Commission meetings for many reasons tend to run late into the evenings. This extended schedule disenfranchises and discourages residents from attendance and even from watching live stream videos. Agenda items, at times, are moved up or down in the agenda order, making it difficult for any interested party to stay on topic. In any business seminar, event or conference, agendas include time schedules that are strictly observed in the essence of efficiency. ( 4) Use this time to make colleagues aware of a pending matter. AGENDA ITEM 1B DECEMBER 12, 2016 d) City Attorney, City Clerk, City Manager reports, Commissioner reports and requests: i) Written; ii) Follow up by anyone needing more data. e) Adjourn. AGENDA ITEM: SUBMITTED BY: REPORT DATE: BACKGROUND: JUSTIFICATION: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 3A DECEMBER 12, 2016 Street Sweeping I Vacuum for the Public Works Department John M. Stinson, Commissioner, Seat No.2 22nct of November 2016 On the 24th of October 2016, the City of Atlantic Beach, City Commission approved extending the contract with USA Services of Florida, Inc. for street sweeping and vacuuming services, to include City Hall and the Public Works facility. The recent history of this service and the relationship between USA Services of Florida, Inc. and the City of Atlantic Beach is as follows: The contract was presented to the City Commission in 2004, with a recommended division of the service provided between two service providers, USA Services of Florida, Inc. and Surface Management; The service was again bid in 2007 and in 2012 and awarded to USA Services of Florida, Inc. Most recently, on the 24th of October 2016, that contract was extended with Commission approval based on recommendations made by City Staff on the 15th of September 2016. There may be other historical information, not presented in this chronology and not available at the time of the drafting of this report. There are several reasons for bringing this item back to the City Commission: 1. The Invitation to Bid, 1213-01, includes a requirement for Public Works to "assess the street sweeping contractor's performance". Is this assessment written and how often is the assessment completed? In the opinion of City staft what is the current assessment of the contractor's performance given: not all asphalt areas being swept can be confirmed by GPS enabled tracking; dirt trails are being left in the BUDGET: RECOMMENDATION: AGENDA ITEM 3A DECEMBER 12, 2016 streets where sweeping is attempted; debris is being left in curbs and gutters; and, the contractor is intentionally not using water and has made such statements to residents inquiring with USA Services of Florida, Inc. equipment operators; 2. The Invitation to Bid, 1213-01, includes a requirement that street sweeping I vacuum services, which are offered, meet or exceed the requirements stated in the technical specifications." Does the equipment currently used (Elgin Eagle) meet the PM -10 certification? In particular, how does the equipment currently being used meet the requirement to pick up materials down to 10 microns when no water is being used? Notable, the Elgin Eagle unit is not a regenerative air or vacuuming type of street sweeper. The Elgin Eagle uses mechanical methods to clean; 3. The Invitation to Bid, 1213-01, includes a requirement for GPS Vehicle Tracking that "shall be accessible via a website and display the sweeper's most recent history, dating back no less than three (3) months. The website shall be accessible twenty-four (24) hours a day, seven (7) days a week." What is the web address ofthis web site, and is it fully functional and capable of meeting this requirement? Other requirements include the ability to print maps and reports, include the speed and direction of the sweeper, date, time and latitude and longitude of the street sweeper; Budgetary considerations for rebidding this service are anticipated to approach one thousand ($1,000.00) dollars based on a staff report prepared for the City Commission dated the 25th of October 2012. This report, prepared by the City Manager at that time, addressed the average cost for rebidding service contracts and related Commission approvals. It is recommended for the City Commission to direct the City Manager to report back to the Commission on the questions raised above in the JUSTIFICATION section of this report within one month of the date of such directive; to prepare a request for bid to rebid street sweeping I vacuum services; and, to submit written notification to the current service provider of the deficiencies noted in this report and of the City's intent to cancel the current contract within thirty (30) days as specified in the original request for bid, if the deficiencies have not been corrected. ATTACHMENT 2 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 3A DECEMBER 12, 2016 AGENDA ITEM: Street SweepingNacuuming SUBMITTED BY: Rick Carper, P.E., Public Works Director/--<- DATE: July 26, 2007 BACKGROUND: Bids for street sweeping/vacuuming for the Public Works Department were opened on July 25, 2007. The city received one bid from USA Services. Street sweeping of Atlantic Blvd & Mayport Road is a part of our maintenance contract with FOOT (monthly). Sweeping of City streets is a requirement of our NPDES (MS4) permit. USA Services Bid Item #1 City Streets Every Other Month $16,500.00 Bid Item #2 FOOT Monthly $8,400.00 Alternate Bid #1 PW Yard Every Other Month $630.00 Alternate Bid #2 City Hall Every Other Month $630.00 City Total ~ Every Other Month $17,760.00 Yearly FOOT Total Monthly $8,400.00 Yearly Total Cost $26,160.00 Yearly The annual costs for the expiring contract were $16,800 (City) and $3,936 (FOOT). The City receives $6,406 from FOOT for street sweeping costs. RECOMMENDATION: Award the contract for Street sweeping of FOOT Roads, City Streets, Public Works Yard and City Hall to USA Services for a total of $26,160.00 a year starting August 1, 2007. BUDGET: Stormwater account number 470-0000-538-3400 (Other Contractual Services) includes $24,000.00 in the current year for street sweeping. The budget request for the upcoming fiscal year was for $21,000 and will be modified during budget process. ATTACHMENTS: Bid Tabulation Sheet REVIEWED BY CITY MANAGE . .:..:Ro.:..: ---r__;;;:....,..~=--------- August 13, 2007 Regular Meeting City of Atlantic Beach Annual Contract: Street SweepingNacuuming for Public Works Department July 25, 2007 BID 0607-15 07/25/07 3:00PM Required Documents Submission in Triplicate -All Documents Document Requirements Checklist Insurance Certificate Occupational License References -Three (3) Equipment List/Equipment Certification Requirement (PM 10 Certified) Drug Free Workplace Public Enti!Y_ Crimes Statement W-9 Form USA Services of Florida X X X X X X X X X Documentation of Any Addenda, If Applicable I NA ;I ~ Bid Item# 1 $2,750.00 -~:-~:$~~t~gf.tJ.:1.tE~~~~~~~~ ~~'iil,'~-~;1~ ,~·:::'.f~~5!~ir1?~~~-~;·~~~~t3~1:tt~~~;~r;~J~:~t.EJ~~~~~F.~~~';·rt:::ff7K~'!~J.:~f}.r~~;::~"~~-: Bid Item #2 $700.00 ~~~t~~~~1~~~w~·-· r,.to/";;.-. ;!;~:itt~~-~@~~~~e]~{a'%.W~~iJJ~t~@;~:$~~;:::.:). ·p_:!$.tt;:v;;~;;f,;t;1_:;1r;~f..i~~;:H~~j}~.~ ~-~'-~.:~.~·'.' Alternate Bid # 1 $105.00 'i·l~~',;~~1~t£fii~;f:r~~~b~~~{~~~~~~ -.-;..£t/)!jljf~tfAf:<' ~~~m~~-;.~~"1~~~~i!tk~1t4~~B=:~~~~-;;;i~~:!:~ ... J~rr=~~~;.:~,:·:::_)~~#:~.:-~;~~.: .. ?·=·~y,·. .i Alternate Bid # 2 $105.00 Award of Bid based on Department Analysis and Commission Approval City of Atlantic Beach Annual Contract: Street SweepingNacuuming for Public Works Department October 1 0, 2012 BID 1213-01 3:00PM Required Documents Submission in Triplicate-All Documents Document Requirements Checklist Bid Form Insurance Certificate Business Tax Receipt References -Three (3) Equipment List/Equipment Certification Requirement (PM1 0 Certified) Drug Free Workplace Public Entity Crimes Statement W-9 Form Documentation of Any Addenda, If Applicable .· · .. -. ···'·" .. ---------------------------------------------------- Bid Item# 1 Bid Item# 2 Alternate Bid # 1 Alternate Bid # 2 USA Services X -X -X - X - X -X - X -X -X -X - N/A - $3,250.00 $700.00 $100.00 $100.00 Award of Bid based on Department Analysis and Commission Approval AITACHMENT 5 October 24,2016 REGULAR COMMISSION MEETING AGENDA ITEM 3A DECEMBER 12, 2016 Page 4 depend on ITA for their public transportation. She asked if they could speak to how we did addressing the needs of those who use public transportation or who needed aid or assistance to get to shelters. Mr. Winfield stated he did not have an opportunity to see that first hand, however, he saw the results and our plan worked well. Commissioner Hill asked what is available to small businesses who have suffered losses. In particular, he addressed a big event we had planned for the City (Web.com Tour) that was shut down due to Hurricane Matthew. He stated it would have a significant impact on our community if it becomes an annual event, and he is looking for ways we could help them. Mayor Reeves stated those organizations have insurance to cover unforeseen losses. Mr. Winfield said if our City gets public assistance that is a great question to ask. Mayor Reeves opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Chris Jorgensen, 92 W. 3rd St., commented that putting rocks behind the dunes may be beneficial. He was glad to see the second TV in the Chamber. He agreed with a comment he heard from FEMA that the City should have a more aggressive tree pruning or trimming program. He thanked Fire and Rescue for handling his neighbor with a serious medical issue. Steven Fouraker, 387 6th St., thanked the City, Police, Public Works, the City Manager and the Mayor for doing a great job. He said our City drained so well, he is impressed. He thanked Commissioner Stinson and Commissioner Hill for their astute observations on the dunes and the crossovers to the beach. Patrick Fontaine, 31 Royal Palms Dr., asked why it was taking so long to pick up the debris and he thanked the Police for protecting their neighborhood when the power was out. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Major Public Works Projects FY15/16-Year End Status Report and Recreation Programs Special Events Report for August 2016. B. Award the contract to Beachcombers North, Inc. for Beach Cleaning Services (Bid No. 1617-02) for a total annual cost of$29,618.98. C. Extend the annual contract for Janitorial Services for City Facilities (Bid No. 1213-06) for one final year at the current prices, term being October 1, 2016 to September 30, 2017, and rebid the contract in June of2017. D. Approve the revised Interlocal Agreement among the City of Jacksonville, City of Atlantic Beach, City of Jacksonville Beach, City of Neptune Beach and the Commander, October 24, 2016 REGULAR COMMISSION MEETING PageS U.S. Naval Station Mayport, U.S. Navy and Commander, Naval Station Jacksonville, U.S. Navy for Conduct of the Sea and Sky Spectacular and authorize the City Manager to sign the agreement. E. Extend the contract ·for Street Sweeping and Vacuuming (Bid No. 1213-01) with USA Services of Florida, Inc. for one year at the current prices with the term being November 1, 2016 through October 31,2017. F. Award Bid No. 1617-01: Repair of Electrical Motors and Pumps to Moline Electric for a term of 5 years, with an option to cancel after the 3rd and 4th year. G. Approve the Memorandum of Understanding between the City of Jacksonville and the City of Atlantic Beach for the Joint Operation of Dutton Island Preserve and authorize the Mayor to sign the Agreement. H. Authorize the City Manager to enter into a new one-year agreement with Langton Associates, Inc. for Grant Writing Services with the term being October 1, 2016 through September30, 2017. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner would like to pull an item from the Conse).lt Agenda for discussion. Commissioner Stinson pulled Items B, E, and H. Commissioner Hill pulled Items B, E, F, and H. Motion: Approve Consent Agenda Items A, C , D & G as written. Moved by Stinson, Seconded by Hill There was no discussion on these items. Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED Mayor Reeves opened discussion for Item B. Commissioner Stinson questioned the large discrepancy in bid amounts between the three bids received. City Manager Van Liere explained the last time this was bid out we had four other bidders that came in about the same price as the low bidder. He stated the other two bidders are new to us and he does not feel they understood what they were bidding. Commissioner Stinson asked if we were satisfied with the services of Beachcombers North. City Manager VanLiere stated the staff is satisfied that they perform their job very well. Mayor Reeves discussed changing the way the bid specs are written so the job description is clearer. Discussion ensued. Motion: Approve Consent Agenda Item 4B. Moved by Stinson, Seconded by Harding Votes: Ayes: 4-Harding, Stinson, Waters, Reeves Nays: 1 -Hill MOTION CARRIED October 24, 2016 REGULAR COMMISSION MEETING Page6 Mayor Reeves opened discussion for Item E. Commissioner Stinson stated he has received complaints from citizens about the quality of work the contractor is doing. Mayor Reeves stated he has followed the truck and all they are doing is stirring up dirt and putting it back through the system. Public Works Director Don Jacobovitz concurred they do have problems spewing out dust or mud and stated he discussed the complaints today with the operations manager of USA Services of Florida, Inc. He stated the operations manager conceded that they do have problems when dealing with Miami Curbs; it is not as efficient. Commissioner Hill asked to pull this item, as he is displeased with the quality of the job perfonned and this is the third or fourth year he has had this same conversation. He stated he would be quieted if Mr. Jacobovitz could give him a tonnage or poundage of material removed. Mr. Jacobovitz stated he does not have the numbers of the tonnage, but it is a large amount. Mayor Reeves asked when their contract expires, and City Manager Van Liere stated October 31, 2016. Motion: Approve consent Agenda Item 4E. Moved by Waters, Seconded by Stinson Votes: Ayes: 4-Harding, Stinson, Waters, Reeves Nays: 1 -Hill MOTION CARRIED Mayor Reeves opened discussion for Item F. Commissioner Hill asked if this was a local company and Mr. Jacobovitz stated yes. Motion: Approve consent Agenda Item 4F. Moved by Waters, Seconded by Harding Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED Mayor Reeves opened discussion for Item H. Commissioner Stinson asked the City Manager to comment on the amount we are paying a contractor to submit and apply for grants versus the dollar amount of grants that we have received. City Manager Van Liere stated the $36,000.00 that they provide services for has paid for itself this year. He explained it is a task that goes across departments and it helps to have them focused on it with their expertise. Discussion ensued. Motion: Approve consent Agenda Item 4H. Moved by Stinson, Seconded by Waters Votes: Ayes: 5-Harding, Hill, Stinson, Waters, Reeves Nays: 0 MOTION CARRIED AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: ATTACHMENT 6 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 3A DECEMBER 12, 2016 Proposed policy on rebidding for service contracts and related Commission approvals Jim Hanson, City Mana October 25, 2012 A request was made at a recent commission meeting for the staff to propose a policy that would require all service contracts to be presented for commission approval at least two meetings before their effective date. Only service contracts are at issue because contracts for individual engineering or construction projects can usually be delayed without the interrupting ongoing services. A second request was made at that meeting to propose a policy on the dollar value of contracts brought for Commission review. Last, staff was asked to look at the possibility of posting a schedule of City contracts online. The City's past policy has been to bid most service contracts for one year periods with options for two additional renewals at the same price if both the City and the vendor are pleased with the contract. Some of the service contracts are for considerably longer periods of time such as the sanitation services that goes for seven years to allow for amortization of costs for trucks and toters. The current threshold for bringing contracts to the Commission for approval has been $25,000. After discussion with staff, there are several points for the Commission to consider; In most cases, it is reasonable to prepare and present contracts for initial approval or renewal at least two meetings prior to their expiration date. Staff simply needs to move their calendars ahead. Some concern was expressed of "lame duck" performance in the fmal weeks if an existing contractor were not being recommended for renewal. Adding two more weeks of delay would simply add more time for questionable service. However, this is not a major problem. A more important issue is that some vendors may not be willing to provide pricing that far ahead of the contract dates. Some insurance carriers are good examples. The cost to rebid the contracts in staff time was estimated to be approximately $1,000 for most service contracts. This cost can grow to a much higher number for complex contracts like sanitation services. Preparing bids also costs our contractors money which is usually passed along to their customers. The recent direction by the Commission to rebid virtually every contract yearly rather than renew for additional periods as authorized in the bid specifications has produced some cost savings for the City during the recent recession. However, during normal times when there is positive inflation, rebidding annually can increase the City's cost. One recent example was the street sweeping contract which was rebid with renewal for one additional year available. The City's annual cost increased by $3,300 even though the vendor was willing to extend the contract before it was rebid. There can be considerable disruption to the City services in changing vendors. Janitorial services is a good example where all of the employees need to have background checks, get familiar with the City facilities and have security badges issued. Some contractors provide much better service than others. Some have been with the City for long term and those relationships have been very beneficial to the City. A couple of examples are the point repair and major electric repair contractors. They have become familiar with our electrical, water and sewer systems and provide high levels service, often at night or on weekends. In other cases, the City is better off changing contractors after the first year even though the service provided is not bad enough to cancel the contracts before their initial expiration. In some cases there are very few vendors for any particular service. Sometimes, we can only get one to bid. Rebidding yearly in these cases does not make sense. The low bid for service does not always guarantee good service. Again, the janitorial contract has been an example. We have had eight different contractors over the last 12 years. When we do get a higher quality contractor, we would prefer to stay with them more than one year. Because there are so many different factors to consider, trying to write a policy that covers all situations does not make sense. Relying on the best judgment of the City's top staff, with commission approval for contracts over $25,000, is the most reasonable solution. BUDGET: As reported previously, each time the City rebids a contract, the cost for time of various employees is approximately $1,000 for the simpler contracts. RECOMMENDATION: There is a need to bid each service contract, or otherwise compare costs, on a regular basis to ensure good value for the City, accountability and public trust. The intervals for the contracts should depend upon the nature of the service. A one year time frame with renewal options for two additional years is reasonable for most of the service contracts, however a longer term may be advisable for services where City specific knowledge is of benefit. Specific recommendations are as follows; 1) Direct the staff to prepare and present most contract approvals or renewals at least two commission meetings before the contract deadline with an understanding that this provision may not be obtainable in certain instances. 2) As to the dollar value and frequency for commission approvals, there are many factors to consider concerning extensions. These would include performance of the contractor, administrative time and cost to bid versus the size of the contract, the amount of competition available, disruption in changing vendors and other factors. The judgment of the top staff should be utilized as it has in the past to detetmine which contracts for service should be extended rather than rebid if they were within the three year period. A dollar value for contract approvals by the Commission has been set at $25,000 for some time and there does not appear to be any overwhelming reason to change it at this time. 3) Concerning the possibility of listing all contracts online, the City already has an extensive online service for prospective vendors and staff answers questions from vendors on a daily basis on a wide variety of subjects, including when contracts may be up for renewal. The City's website includes a "Notify Me" option where prospective vendors can sign up to receive an email whenever a bid is being requested for a service for which they are interested. It is possible for the City to prepare a database that can be put online listing all of our current contracts and timeframes for bids. However, staffhas pointed out that this database would have to be updated on a very regular (probably weekly) basis to keep it current. This would add a significant additional responsibility at a time when the City, because of budget constraints, has been eliminating staff to keep costs and tax rates down. Consequently, it is the staff's recommendation to keep the online services for prospective vendors as they have been in the past. A IT ACHMENT 7 CITY OF ATLANTIC BEACH, FLORIDA INVITATION TO BID BID 1213-01 STREET SWEEPING/VACUUMING FOR THE PUBLIC WORKS DEPARTMENT AGE N DA ITEM 3A DECEMBER 12, 2016 Notice is hereby given that the City of Atlantic Beach, Florida, will receive sealed bids, submitted in TRIPLICATE, at the Office of the Purchasing Agent, City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233, until2:45 PM, Wednesday, October 10, 2012, for STREET SWEEPING/VACUUMING FOR THE PUBLIC WORKS DEPARTMENT. Thereafter, at 3:00PM, the bids will be opened in the City Hall South Conference Room, 800 Seminole Road, Atlantic Beach , FL 32233 . Bids shall be enclosed in an envelope endorsed "BID NO. 1213-01: STREET SWEEPING/VACUUMING FOR THE PUBLIC WORKS DEPARTMENT TO BE OPENED AT 3:00PM, WEDNESDAY, OCTOBER 10, 2012". Bidders may obtain complete sets ofBid Documents by visiting the City's website at www .coab .us/bids . You may also contact the Purchasing Agent Patty Drake, at pdrake@coab .us or at City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233, (904) 247-5880. For technical questions, please contact Phil Nodine, Streets and Maintenance Division Director, (904) 247-5834, or pnodine@coab.us. ALL Documents MUST be submitted in TRIPLICATE, with one being an original and endorsed "ORIGINAL". The documents should be in the same order as listed on the Document Requirements Checklist. DOCUMENTS REQUIRED TO BE SUBMITTED IN BID PACKAGE AT BID OPENING: 1. Bid submitted in TRIPLICATE (all documents) 2. Signed copy of Document Requirements Checklist 3 . Insurance certificates naming the City of Atlantic Beach as Certificate Holder, showing they have obtained, and will continue to carry Worker's Compensation, public and private liability, and property damage insurance through the life of the contract. 4. Proof of Business Tax Receipt (copies ARE acceptable) 5 . Three (3) positive references, including FAX numbers from companies other than the City of Atlantic Beach for whom the bidder has completed work during the past twelve (12) months, of a comparable size and nature as this scope of work. 6. Equipment List/Equipment Ce1tification Requirement 7. Documentation of any Addenda, if applicable 8. Dmg-Free Workplace 9. Public Entity Crimes Statement 10. Completed Form W-9 Request for Taxpayer Identification Number and Certification. (Form may be obtained from IRS website- http ://www.irs.gov/pub.irs -fil.fw9.pdf) Bid prices must remain valid for ninety-days (90) after the public opening of the bids. Goods and services proposed shall meet all requirements of the Ordinances of the City of Atlantic Beach. The City of Atlantic Beach resetves the right to reject any or all bids, or patis of bids, waive infmmalities and technicalities, make award in whole or in pati with or without cause, and to make the award in what is deemed to be in the best interest of the City of Atlantic Beach. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or setvices to a public entity, may not submit a bid on a contract with a public entity for the constmction or repair of a public building or public work, may not submit bids on leases or 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 Section 287.017, for a period of 36 months from the date of being placed on the convicted vendor list. (Section 287.133(2)(a), FLORIDA STATUTES). An entity or affiliate who has been placed on the discriminatmy vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (HB 2127). Patricia Drake Purchasing Agent CITY OF ATLANTIC BEACH, FLORIDA INVITATION TO BID BID 1213-01 STREET SWEEPINGN ACUUMING FOR THE PUBLIC WORKS DEPARTMENT Notice is hereby given that the City of Atlantic Beach, Florida, will receive sealed bids, submitted in TRIPLICATE, at the Office of the Purchasing Agent, City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233, until2:45 PM, Wednesday, October 10, 2012, for STREET SWEEPINGN ACUUMING FOR THE PUBLIC WORKS DEPARTMENT. Thereafter, at 3 :00PM, the bids will be opened in the City Hall South Conference Room, 800 Seminole Road. Bids shall be enclosed in an envelope endorsed "BID NO. 1213-01: STREET SWEEPINGN ACUUMING FOR THE PUBLIC WORKS DEPARTMENT TO BE OPENED AT 3:00PM, WEDNESDAY, OCTOBER 10, 2012". Bidders may obtain complete sets of Bidding Documents by visiting the City's website at www.coab.us/bids. You may also contact the Purchasing Agent, Patty Drake, 800 Seminole Road, Atlantic Beach, Florida, 32233, pdrake@coab .us or (904) 247-5880 . CITY OF ATLANTIC BEACH PURCHASING DEPARTMENT 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 (904) 247-5880 REQUEST FOR BID BID NUMBER: 1213-01 CONTRACT -STREET SWEEPING IV ACUUM FOR THE PUBLIC WORKS DEPARTMENT 1. Resulting Contract It is the intention ofthe City of Atlantic Beach to retain one contractor for sweeping/vacuuming all City streets. Any agreement or contract resulting from acceptance of a bid shall be on forms either supplied by, or approved by, the City and shall contain, as a minimum, applicable provisions of the Request for Bid. The City reserves the right to reject any agreement which does not conform to the Request for Bid and any City requirements for agreements and contracts. 2. Renegotiation During the contract period, the City reserves the right to restate and/or renegotiate with the street sweeping contractor such additions, deletions, or changes to the contract as may be necessitated by law or changed circumstances. In the event that the City and the contractor cannot come to mutual agreement and negotiation on any such addition, deletion or change, that portion of the contract concerning the services in the addition, deletion or change shall be terminated. 3. Contractor Contract Performance During the contract period, the Public Works Director or his or her designee, shall assess the street sweeping contractor's performance on the contract and reserves the right to inspect the contractor's work, materials and methods during any specific project. In the event of a breach of the contract by the contractor or unsatisfactory performance as assessed by the Public Works Director, or if the contractor performs in a manner that precludes the City from administering its functions in an effective and efficient manner, and if, after thirty (30) days following written notice to the contractor, the deficiency still exists, the City will be authorized to cancel the contract, thereafter reserving the right to proceed against the contractor for any and all damages permitted by law arising from said breach. The contractor shall not be held responsible for any failure determined to the satisfaction of the Public Works Director to be due to any action or inaction on the part of the City. REQUEST FOR BID CONTRACT-STREET SWEEPINGN ACUUM FOR THE PUBLIC WORKS DEPARTMENT Page 2 of7 4. Tax Identification Number Bidder must note Federal Employer I.D. Number on Bid Summary Form. The City's Federal Employer I.D. Number is 59-60000267. II. BID SCOPE 1. Intent and Duration It is the intent of the City to select one contractor to provide street sweeping/vacuuming needed for the City's Public Works Department. The objective is to obtain the best services while minimizing cost to the City. The period of the contract street sweeping services shall commence November 1, 2012 and shall terminate three (3) years after the date of commencement. The City reserves the right to renew the contract for two additional one-year periods pending a mutual agreement between the City and the contractor, and a review of contract perfom1ance by the contractor for the previous year. Prices, terms and conditions shall remain firm through this contract period unless modified or canceled in accordance with the provisions of the bid. Bids shall be received at the Office of the Purchasing Agent, 800 Seminole Road, Atlantic Beach, FL 32233. 2. Bid Forms Bids are to be submitted on the attached Bid Summary Form or copies thereof. Bids will not be considered unless they are submitted on this form. a. It shall be assumed that street sweeping/vacuuming services, which are offered, meet or exceed the requirements as stated in the technical specifications. This Bid Invitation presents the City's requirements under proposed methods of operation. Responses to this request should address these requirements. b. All work and materials shall be done in conformity with the appropriate standards. REQUEST FOR BID CONTRACT-STREET SWEEPING/VACUUM FOR THE PUBLIC WORKS DEPARTMENT Page 3 of7 3. Minimum Qualifications a. Firms shall have a minimum five (5) years experience with street sweeping work. 4. Volume of Work As stated on the Street Sweeping/Vacuuming Bid Summary Form. 5. Award Criteria The bid award will be based on the least annual cost to the City and positive references. III. GENERAL REQUIREMENTS The City intends to apply very strict compliance to street sweeping I vacuuming quality. 1. The City's Right to Use Other Contractors The City reserves the right to provide for additional services from other sti·eet sweeping or other type contractors, if the City so deems necessary. If the City elects to exercise this right, the contract covered by the bid shall remain in effect as regards all terms, agreements and conditions without penalty or diminution of ongoing street sweeping services as contained therein and previously provided by the successful contractor in this bid. 2. Payment for Services Payment will be based on work completed in accordance with the unit prices furnished on the Street SweepingNacuuming Bid Summary Form. Invoices shall reference the proper City purchase order number, and the total amount of an invoice shall be paid within 14 days upon receipt. 3. Notification of Project Subsequent to notification of a project, the contractor shall commence no later than five (5) working days after receipt of a purchase order. If an emergency condition exists, the contractor shall respond as quickly as reasonably possible. REQUEST FOR BID CONTRACT-STREET SWEEPINGN ACUUM FOR THE PUBLIC WORKS DEPARTMENT Page 4 of7 4. Technical Specifications Sweepers must be "PM-10 Certified," based on their ability to pick up and capture small dust particles (PM-10 indicates particles of 10 microns or smaller). May use mechanical, regenerative air or vacuum sweeper meeting this specification. All equipment utilized for this effort shall meet all, local/state and federal requirements relating to NPDES and dust control. The contractor shall take all appropriate measures to avoid any debris from impacting vehicles, pedestrians, or any property surrounding the work area. The contractor shall be solely responsible for the repair of any damages resulting from the action of contractor's personnel and/or equipment. Any damage caused within the right-of-way by the placement and or removal of containers, or any equipment used in the process, shall be repaired to like or better condition within 48 hours, at no cost to the city. 5. Reporting Contractor will submit separate fom1s for FDOT Roads and for City Streets showing dates of the sweep with cubic yards of debris collected. 6. GPS Vehicle Tracking The requirement to have all street sweeping equipment utilized under this bid shall be an option the city may or may not choose to exercise. GPS vehicle tracking is a way for the city to ensure an efficient job is performed and to expeditiously resolve citizen complaints. GPS vehicle tracking shall include, but not limited to the following: A. A minimum of one ( 1) GPS vehicle tracking unit to be professionally installed in each sweeper utilized under this bid. GPS vehicle tracking shall be used to document the performance and the completion of the assigned tasks as required by the bid. Functionality shall be tested and assured and tampering of GPS unit shall not be permitted. B. GPS vehicle tracking shall be accessible via a website and display the sweeper's most recent history, dating back no less than three (3) months. The website shall be accessible twenty-four (24) hours a day, seven (7) days a week. C. Should the city so desire, the GPS vehicle tracking unit shall monitor the location and activities of the street sweepers including, but not limited to; date, time, location (latitude/longitude), speed and direction of street sweeping, mileage and broom activity (activity sweeping vs. transit to work site). The printing of detailed maps and reports shall be available. REQUEST FOR BID STREET SWEEPING/VACUUM FOR THE PUBLIC WORKS DEPARTMENT Page 5 of7 D. Should a breakdown of the GPS vehicle tracking unit occur, the contractor shall take the sweeper out of service for performance under this bid. The sweeper taken out of service shall be replaced by a sweeper with a functional GPS tracking unit. All cost associated with the GPS vehicle tracking services as specified including, but not limited to, purchase, installation, maintenance, repair, software and internet accessibility shall be included within the cost of sweeping per curb mile on the street sweeping/vacuum bid summary form. REQUEST FOR BID STREET SWEEPING/VACUUM FOR THE PUBLIC WORKS DEPARTMENT Page 6 of7 STREET SWEEPINGN ACUUM BID SUMMARY FORM BIDDER'S NAME: ______________________ _ This bid will be based on unit prices. All street sweeping debris is to be removed from the City by the contractor and disposed of at an authorize landfill. The contractor must provide the City a copy of each load ticket from the landfill with invoice in order to receive payment. Must sweep all asphalt areas; no dirt trails are to be left behind the sweeper. All curbs and gutters are to be swept and no debris is to be left in the curbs and gutters. Contractor must use water to minimize dust. BIDITEM#l Sweep/Vacuum approximately (54) fifty-four centerline miles of asphalt roadway in the City of Atlantic Beach. Every Other Month Service: BID ITEM#2 Sweep/Vacuum approximately 4.1 centerline miles of asphalt roadway in two areas: Atlantic Boulevard from the East side of the Intracoastal Waterway Bridge to the roundabout in Town Center all lanes including connector lanes to Mayport Road and Florida Blvd. Mayport Road from Atlantic Boulevard to Assisi Lane -all lanes including connector lanes to Atlantic Blvd. This work will require specialized equipment to comply with Florida Department of Transportation (FDOT) requirements (Arrow Boards and Crash Attenuator Follow-Me Truck). Must sweep all asphalt areas including center, all turn lanes, curbs and gutters. Monthly Service: Note: The City reserves the right to award Bid Item #1 to one contractor and Bid Item #2 to another contractor depending upon the lowest, responsible, responsive bid prices. In addition, the City reserves the right to award depending upon price. REQUEST FOR BID STREET SWEEPINGN ACUUM FOR THE PUBLIC WORKS DEPARTMENT Page 7 of7 ALTERNATE BID #1 Sweep/Vacuum approximately 26,382 square feet of asphalt driving and parking area at the City's Public Works Yard at 1200 Sandpiper Lane, Atlantic Beach, FL 32233. Sweeping to occur during normal working hours, 7:30 am to 4:30pm. Every Other Month Service: ALTERNATE BID #2 Sweep/Vacuum approximately 71,000 square feet of asphalt driving and parking area at City Hall located at 800 Seminole Road, Atlantic Beach, FL 32233. Sweeping not to occur between the hours of7:00 am and 10:00 pm. Every Other Month Service: SUBMITTAL: BIDDER BY BUSINESS ADDRESS SIGNATURE CITY, STATE & ZIP CODE TITLE DATE BUSINESS TELEPHONE BUSINESS FAX POINT OF CONTACT E-MAIL ATTACHMENT 8 REQUEST FOR BID STREET SWEEPINGN ACUUM FOR TilE PUBLIC WORKS DEPARTMENT Page 6 of7 STREET SWEEPINGN ACUUM BID SUMMARY FORM BIDDER'S NAME: USA Services of Florida, Inc. AGENDA ITEM 3A DECEMBER 12, 2016 This bid will be based on unit prices. All street sweeping debris is to be removed from the City by the contractor and disposed of at an authorize landfill. The contractor must provide the City a copy of each load ticket from the landfill with invoice in order to receive payment. Must sweep all asphalt areas; no dirt trails are to be left behind the sweeper. All curbs and gutters are to be swept and no debris is to be left in the curbs and gutters. Contractor must use water to minimize dust. BIDITEM#l· SweepN acuum approximately (54) fifty-four centerline miles of asphalt roadway in the City of Atlantic Beach. Every Other Month Service: $3,250.00 BIDITEM#2 SweepN acuum approximately 4.1 centerline miles of asphalt roadway in two areas: Atlantic Boulevard from the East side of the Intracoastal Waterway Bridge to the roundabout in Town Center all lanes including connector lanes to Mayport Road and Florida Blvd. Mayport Road from Atlantic Boulevard to Assisi Lane -all lanes including connector lanes to Atlantic Blvd. This work will require specialized equipment to comply with Florida Department of Transportation (FDOT) requirements (Arrow Boards and Crash Attenuator Follow-Me Truck). Must sweep all asphalt areas including center, an turn lanes, curbs and gutters. Monthly Service: $700.00 Note: The City reserves the right to award Bid Item #1 to one contractor and Bid Item #2 to another contractor depending upon the lowest, responsible, responsive bid prices. In addition, the City reserves the right to award depending upon price. AGENDA ITEM 4A City of Atlantic Beach FINANCIAL REPORT DECEMBER 12, 2016 October 2016 Cash Balances Prior Current Dollar Percent Fund(s) 09/30/16 10/31/16 Change Change General $ 7,499,966 $ 7,519,595 $ 19,630 0.26% Tree Replacement 26,378 27,680 1,302 4.94% Convention Development Tax 119,505 111,553 (7,952) -6.65% Local Option Gas Tax 370,666 197,645 (173,021) -46.68% Better Jax 1/2 Cent Sales Tax 668,354 609,574 (58,780) -8.79% Police Training, Forfeiture, Grants, etc. 135,622 129,178 (6,443) -4.75% Capital Projects 3,727,397 3,346,655 (380,742) -10.21% Utility 6,754,320 6,975,103 220,783 3.27% Sanitation 586,247 681,783 95,535 16.30% Building Code Enforcement 470,839 478,788 7,949 1.69% Storm Water 1,813,500 1,831,026 17,526 0.97% Pension -Police 159,644 173,301 13,657 8.55% Pension -General 102,011 120,715 18,705 18.34% Total $ 22,434,448 $ 22,202,596 $ (231,851) -1.03% Total Restricted Cash 7,401,864 Total Unrestricted Cash $14,800,732 Cash and Investments Prior Current Dollar Percent Account 09/30/16 10/31/16 Change Change Bank of America -Depository $ 6,321,970 $ 6,077,053 $ (244,917) -3.87% Delaware Limited-Term Diversified Inc A 2,557,311 2,555,602 (1 '709) -0.07% Global X Gold Explorers ETF 4,301,668 4,309,152 7,484 0.17% lnvesco Floating Rate A 769,809 775,760 5,951 0.77% Voya Short Term Bond Fund Class A 4,217,987 4,219,257 1,270 0.03% MSSB Money Market/Cash 4,239,633 4,239,703 71 0.00% SBA -Florida Prime 22,919 22,919 (0) 0.00% Cash on Hand 3,150 3,150 0.00% Subtotal $ 22,434,448 $ 22,202,596 $ (231,851) -1.03% Police Pension Investments $ 9,329,954 $ 9,143,834 $ (186, 120) -1.99% General Pension Investments 16,362,903 16010901 {352,002) -2.15% Subtotal $ 25,692,857 $ 25,154,735 $ (538, 122) -2.09% Total $ 48,127,304 $ 47,357,331 $ {769,973} -1.60% City of Atlantic Beach AGENDA ITEM 4A FINANCIAL REPORT DECEMBER 12, 2016 October 2016 Project Activity-Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Encumbrances Balance General Government RUSSELL PK RENOVATION PM1501 $ 233,180 $ 65,189 $ 37,555 $ 130,436 BULL PK PLAYGRND EQUIPMT PM1504 35,000 16,039 (0) 18,961 DUTTON ISLE RD IMPROVMENT PM1505 25,000 7,386 17,234 380 JORDAN PARK BATHROOM UPGRADE PM1701 10,000 JORDAN & DONNER PLAYGROUND IMPROVEMENTS FOR A PM1702 82,000 DECK AND BIKE RACK (POE'S) PM1703 40,000 RUSSELL PARK TENNIS COURTS PM1704 125,000 SHADE STRUCTURE-SUNSET PIER PM1705 30,000 CITY EVENT SIGN-MAYPORT CORRIDOR PM1706 3,000 LIFEGUARD STATION IMPROVEMENTS PM1707 90,000 NEW POLICE BLDG-DESICONST PS1501 3,601,967 650,483 2,951,484 NEW POLICE BLDG-TECHNIOLOGY AND FIXTURES PS1701 150,000 SAL TAIRISTURDIVAN SIDEWLK PW1406 32,090 2,080 2 30,008 SEMINOLE STREET SCAPE' PW1407 258,092 7,684 11,383 239,025 MARSH PROJECT PED PATH PW1408 56,504 12,075 36,537 7,893 TOWNCENTER IMPR DECK & BR PW1601 40,000 40,000 VET PARK PLAYSET PW1602 40,000 40,000 MARSH PRESERVE PATH PHZ-1 PW1603 540,000 288,449 171,211 80,340 Subtotal $ 5,414,676 $ 1,071,873 $ 3,225,406 $ 587,397 Planing, Zoning & Building FRANCIS AVE DRAINAGE IMPR PW1502 650,000 368,567 269,529 11,903 Subtotal $ 650,000 $ 368,567 $ 269,529 $ 11,903 Public Works: SEMINOLE STREET SCAPE ' PW1407 $ 13,487 $ 12,807 $ 680 $ 0 SALT AIR DRAINAGE UPGRADE PW1411 61,707 4,000 (2) 57,709 SE SEMINOLE RD DRAIN IMPR PW1412 650,000 650,000 6-BAY PARTIALLY CLOSED CARPORT PW1701 75,000 SIDEWALK AND STREET IMPROVEMENTS PW1702 100,000 DIGITAL LIGHTING AT PEDESTRIAN CROSSING PW1703 11,000 LAND-EASEMENTS PW1704 5,000 AQUATIC GARDENS POND IMPROVEMENTS PW1705 250,000 JASMINE POND BANK RESTORATION PW1706 100,000 SEMINOLE RD PW1707 250,000 SWMPU PROJECT-WEST PLAZA@ CARNATION PW1708 135,000 SALT AIR NEIGHBORHOOD DRAINAGE IMPROVEMENTS PW1711 250,000 SOUTH END OF SEMINOLE RD. DRAINAGE CIP-PW1712 650,000 Subtotal $ 725,194 $ 16,807 $ 678 $ 707,709 Public Utilities: INLINE VALVE INSTALLATION PU1404 $ 16,355 $ 16,253 $ $ 102 EFFLUENT OUTFALL REPLCMT PU1408 2,625 3,653 (1,028) WELL LOGGING-6 WELLS PU1501 130,000 130,000 UPDATE MODELS PU1502 23,442 24,Q62 (620) EFF OUTFALL @ SHERMAN PT PU1504 559,404 64 532,784 26,577 NORTH FENCE REPLACE WTP2 PU1601 10,000 9,295 705 SOFT STARTS -WTP1, 2 &3 PU1602 48,000 710 31,699 15,591 CHLORINE AUTO CONTROL VAL PU1603 31,000 25,916 1 5,083 CONTROL BUBBLER SYSTEM PU1604 15,000 172 14,828 REPLACE SEASPRA Y H20 SERV PU1605 100,000 97,339 2,661 ATLANTIC WATER MAIN REPLA PU1606 100,000 100,000 SEWER SYSTEM REHAB SEA OAT PU1607 206,750 206,750 CONTROL PANEL LIFT STA WW PU1608 19,000 218 13,831 4,951 SOFTSTARTS LIFT ST. ABC&D PU1609 55,000 20,092 0 34,908 2 POINT REP. EFF GRAV ICW PU1610 30,000 30,000 PHORPHOROUS TREATMENT FAC PU1611 225,000 24,833 200,167 INFLUENT SCREENS (2) PU1613 27,373 230 27,142 1 REPLACE EFF PUMP #2 PU1614 42,627 575 35,987 6,065 REPLACE RAS PUMP & MOTOR PU1615 50,000 575 25,946 23,479 REPLAC INFLUENT PUMP WWTP PU1616 22,000 253 21,747 WELL LOGGING PU1701 130,000 CHLORINE AUTOMATIC CONTROL VALVE WTP 3 PU1702 10,000 REPLACE WATER SERVICES ON SEASPRAY I NAUTICAL I C PU1703 175,000 ATLANTIC BLVD WATER MAIN REPLACEMENT PHASE 1 (DE PU1704 100,000 SEMINOLE RD PU1705 700,000 METER PROJECT PU1706 160,000 CONTROL PANEL AT OCEANWALK LIFT STATION PU1707 20,000 SOFTSTARTS AT LIFT STATION E(2 MOTORS) PU1708 6,500 MARINA US PU1709 20,000 REPLACE FOUR WETWELL TOPS WITH OPEN HATCHES PU1710 24,000 CONTROL COMPONENT UPGRADE FOR MASTER LS'S (4 LS PU1711 100,000 PHOSPHOROUS TREATMENT FACILITY PU1712 225,000 REPLACEMENT DISKS FOR KRUGER DISFIL TER PU1713 6,500 REPLACE TWO INFLUENT SCREENS PU1714 42,000 REPLACE INFLUENT PUMP AT WWTP PER MEMO PU1715 22,000 REPLACE CLARIFER DRIVES PU1716 225,000 2ND CENTRIFUGE PU1717 275,000 SEMINOLE STREET SCAPE ' PW1407 705,395 5,123 11,247 689,025 Subtotal $ 4,694,066 $ 263,456 $ 676,968 $ 1,512,842 Total $ 11,483,936 $ 1,720,704 $ 4,172,581 $ 2,819,652 1 -Seminole Road Street Scape Project totals $976,974 City of Atlantic Beach New Business Listing For the Month Ended October 31,2016 ATLAS GROUP JACKSONVILLE,INC Open Date: 10/21/2016 Business Address 330 11TH ST FL 32233 BOBCAT AUTO TRANSPORT LLC Open Date: 10/28/2016 Business Address 621 PARADISE CT FL 32233 OUTDOOR LIGHTING PERSPECTIVES Open Date: 10/26/2016 Business Address 1961 MIPAULA CT FL 32233 STENOTAB HANDMADE, LLC Open Date: 10/11/2016 Business Address 127 JASMINE ST FL 32233 AGENDA ITEM 4A DECEMBER 12, 2016 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 48 DECEMBER 12, 2016 AGENDA ITEM: Agreement with St. Johns River Water Management District for Implementation of Advanced Meter Infrastructure (AMI) SUBMITTED BY: Donald D. Jacobovitz, P.E., Public Works DITe ~ DATE: November 23, 2016 STRATEGIC PLAN LINK: N/A BACKGROUND: Many water utilities throughout the Country are transitioning from manual-read meters to automated or Advanced Meter Infrastructure (AMI). The smart meter technology allows the utility staff to more accurately account for consumption as well as provide real-time and on-demand meter reading, leak detection, theft detection and backflow detection. Additionally, cloud based data technology creates the ability for customers to track their own water usage more effectively. As a first step in this direction, the City plans to strategically upgrade approximately 650 existing commercial and high-consumption meters to "smart" meters. Earlier this year, staff prepared an application for a cooperative cost-share grant from the St. Johns River Water Management District (SJRWMD) and funding was approved at the June 14, 2016 District Governing Board Meeting. Of the estimated total cost of $205,000 for the AMI Implementation Project, $191,3 75 is eligible for cost-share funding. As such, the grant share will be up to $95,687.50 and the City's share will be up to $109,312.50. Grant funds will be paid to the City quarterly, on a reimbursement basis. The Cost-Share Agreement includes background information, objectives, scope of work, task identification, timeframes and deliverables and cost schedule. BUDGET: A total of$205,000 has allocated for implementation of the AMI Project in the approved FY 2017 capital and operating budget. The SJRWMD Cost-Share Agreement will fund up to $95,687.50 of the project cost. RECOMMENDATION: Authorize the City Manager to sign the St. Johns River Water Management District Cost Share Agreement for the AMI Implementation Project. ATTACHMENTS: 1. SJR WMD Cost Share Agreement REVIEWED BY CITY MANAGER:_-n_v_U_~---'---';;/u"'---'--=-'CeA.£.---=-=--------- COST-SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF ATLANTIC BEACH AGENDA ITEM 4B DECEMBER 12, 2016 Contract #28762 THIS AGREEMENT ("Agreement") is entered into by and between the GOVERNING BOARD ofthe ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and CITY OF ATLANTIC BEACH ("Recipient"), 800 Seminole Road, Atlantic Beach, Florida 32233-5444. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. RECITALS The waters of the state of Florida are among its basic resources, and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water. Pursuant to chapter 373, Fla. Stat., the District is responsible for the management of the water resources within its geographical area. The District 2016-2017 cost-share funding program is designed to fund the construction of local stormwater management and alternative water supply projects as well as conservation implementation projects. Its goals are to contribute to: 1) reduction in water demand through indoor and outdoor conservation measures; 2) development of alternative or non-traditional water supply sources; such as reclaimed water, surface water, or seawater; 3) water quality improvements (for example, nutrient-loading reduction in springsheds or other surface-water systems); and 4) water resource development opportunities (for instance, increasing available source water through expansion or development of surface-water storage). The current cost-share funding program also recognizes the importance of providing funding opportunities for construction of flood protection and natural-systems restoration projects, which are important components of the District's core mission focus. The District has determined that providing cost-share funding to Recipient for the purposes provided for herein will benefit the water resources and one or more of the District's missions and initiatives. At its June 2016 meeting, the Governing Board selected Recipient's proposal for cost-share funding. The parties have agreed to jointly fund the following project in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter the "Project"): AMI Implementation Project In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A-Statement of Work; and (3) all other attachments, if any. The parties hereby agree to the following terms and conditions. Page 1 of 13 1. TERM; WITHDRAWAL OF OFFER. AGENDA ITEM 4B DECEMBER 12, 2016 Contract #28762 (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until September 30, 2017 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Time is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of time beyond the Completion Date must be made in writing before July 1, 2017. Timely requests to extend, for longer than six months, the Completion Date of the Agreement for projects whose District contribution exceeds $100,000 may only be approved by the District's Governing Board. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date, for example, delivery of a final report, will remain in full force and effect after the Completion Date as necessary to affect performance. (b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the District's Project Manager, stating the reason(s) therefor. Request for extension of time after the forty-five (45) days will be denied. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. (c) If the construction, which is eligible for District reimbursement, does not begin before June 30, 2017, or ifthe first invoice for non-construction projects is not submitted by June 30, 2017, the cost-share agreement will be subject to termination and the funds subject to reallocation. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The District's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the District will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the District arising from or by reason of this Agreement. 3. OWNERSHIP OF DEUVERABLES. Unless otherwise provided herein, the District does not assert an ownership interest in any of the de live rabies under this Agreement. 4. AMOUNT OF FUNDING. (a) For satisfactory completion of the Project, the District shall pay Recipient fifty percent (SO%) of the total cost of the Project, but in no event shall the District cost-share exceed $95,687 .SO. The District cost-share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Page2 of13 AGENDA ITEM 48 DECEMBER 12, 2016 Contract #28762 Recipient shall notify the District's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) 11 Construction cost" is defined to include actual costs of constructing Project facilities, including construction management. Land acquisition, engineering design, and permitting costs are excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward Recipient's cosHhare. (c) Cooperative funding shall not be provided for expenses incurred after the Completion Date. 5. PAYMENT OF INVOICES. (a) Recipient shall submit itemized invoices as per the Statement of Work, Attachment A for reimbursable expenses by one of the following two methods: (1) by mail to the St. Johns River Water Management District, Finance Director, 4049 Reid Street, Palatka, Florida 32177, or {2) by e-mail to acctpay@sjrwmd.com. The invoices shall be submitted in detail sufficient for proper pre-audit and post-audit review. Invoices shall include a copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for fifty percent (50%) of approved cost or the not-to-exceed sum of $95,687.50, whichever is less. The District shall not withhold any retainage from this reimbursement. District reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than forty-five {45) days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the District's fiscal year (September 30), the final invoice must be submitted no later than thirty (30) days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of ten percent (10%) of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. Page 3 of13 AGENDA ITEM 4B DECEMBER 12, 2016 Contract #28762 (d) All invoices shall include the following information: (1) District contract number; (2) Recipient's name, address, and authorization to directly deposit payment into Recipient's account (if Recipient has not yet provided the District with a completed Direct Deposit Authorization form; (3) Recipient's invoice number and date of invoice; (4) District Project Manager; (5) Recipient's Project Manager; (6) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (7) Pmgress Report (if required); (8) Diversity Report (if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. Payments shall be made within forty~five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Recipient and are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000~02. (f) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of: (1} defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi-fiscal year agreements, the District must budget the amount of funds that will be expended during each fiscal year as accurately as possible. The Statement of Work, Attachment A, includes the parties' current schedule for completion of the Work and projection of expenditures on a fiscal year basis (October 1-September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the District's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the District to receive this request is August 1 of the then-current fiscal year. The District may in its sole discretion prepare a District Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then-current fiscal year or subsequent fiscal year(s). 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Recipient accepts all risks arising from construction or operation of the Project. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided fo'r in section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term ofthis Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. If Florida Department of Environmental Protection ("FDEP") funds will be used to fund all or a portion of the Agreement, Page 4 of 13 AGENDA ITEM 48 DECEMBER 12, 2016 Contract #28762 additional FDEP insurance requirements applicable to the Recipient are included in the Insurance attachment to the Agreement. 7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. PROJECT MANAGEMENT. (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) e-mail. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. DISTRICT Carol G. Brown, P.E. Project Manager St. Johns River Water Management District 4049 Reid Street Palatka, Florida 32177 386-329-4816 E-mail: cgbrown@sjrwmd.com RECIPIENT Kayle W. Moore, P.E. Project Manager City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 904-24 7-5834 E-mail: kmoore@coab.us (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Project. The District's Project Manager may issue a District Supplemental Instruction (DSI) form, Attachment C, to authorize minor changes in the Project that the parties agree are not inconsistent with the purpose of the Project, do not affect the District cost-share, Completion Date, or otherwise significantly modify the terms of the Agreement. 9. PROGRESS REPORTS AND PERFORMANCE MONITORING. (a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. PageS of13 AGENDA ITEM 4B DECEMBER 12, 2016 Contract #28762 Recipient shall use the District's Project Progress Report form, Attachment B. Recipient shall submit the Project Progress Reports to the District's Project Manager and District's Budget Coordinator within thirty (30) days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31). (b) Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to performance of the Project. 10. FAILURE TO COMPLETE PROJECT. (a) Should Recipient fail to complete the Project, Recipient shall refund to the District all ofthe funds provided to Recipient pursuant to this Agreement. However, the District, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event, the District may excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been completed within thirty (30) days after the Completion Date, Recipient shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the time for Project completion or the scope of the Project. Failure to complete the Project within ninety (90) days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. (b) In the event the Project constitutes a portion of the total functional project, this paragraph shall apply in the event the total functional project is not completed. In such event, the 90- day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement, unless extended by mutual agreement of the parties. Paragraphs lO(a) and 10(b) shall survive the termination or expiration of this Agreement. 11. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the District may provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have thirty (30) days following receipt of the notice to cure the breach. If Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice terminating this Agreement without further notice. In such event, Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. The District may also terminate this Agreement upon ten (10) days written notice in the event of any material misrepresentations in the Project Proposal. Delay or failure by the District to enforce any right, remedy or deadline hereunder shall not impair, or be deemed a waiver of, any such right, remedy or deadline, or impair the District's rights or remedies for any subsequent breach or continued breach of this Agreement. Page 6 of13 ADDITIONAL PROVISIONS (Alphabetical) AGENDA ITEM 48 DECEMBER 12, 2016 Contract #28762 12. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the District and any of Recipient's contractors or subcontractors. 13. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS. (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the District, and copies of all invoices and supporting documentation for at least fNe (5) years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards, the District shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the same purpose; (4) Recipient has been advanced or paid unobligated funds; (5) Recipient has been paid funds in excess ofthe amount Recipient is entitled to receive under the Agreement; and/or (6) Recipient has received more than one hundred percent (100%) contributions through cumulative public agency cost-share funding. 14. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 15. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the District's Office of General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the District and shall then be subject to judicial review upon completion ofthe Project. 16. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The District will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were noW /MBE expenditures. Page 7 of 13 AGENDA ITEM 4B DECEMBER 12, 2016 Contract #28762 17. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Duval County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 18. INDEPENDENT CONTRACTORS. The parties to this Agreement, their employees and agents, are independent contractors and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractors during and after the term of this Agreement. Recipient is not a contractor of the District. The District is providing cost-share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor, health care, and tax laws pertaining to Recipient, its officers, agents, and employees. 19. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in section 112.312, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 20. NON-LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 21. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost-share funding. 22. PUBLIC ENTITY CRIME. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 ins. 287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 23. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to Page 8 of 13 AGENDA ITEM 4B DECEMBER 12, 2016 Contract #28762 allow public access to all documents, papers, letters, or other materials related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. 24. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss to the extent allowed by Florida law. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT By: ______________ _ Ann B. Shortelle, Ph.D., Executive Director (or designee) Date:---------------- ONLY AS TO FORM AND LEGALITY William Abrams, Sr. Assistant General Counsel ATTACHMENTS Attachment A-Statement of Work Attachment B -Project Progress Report Form Attachment C-District Supplemental Instructions Form 2016-17 District Cost-Share Initiative Last updated: 7-7-16 CITY OF ATLANTIC BEACH By: ______________ _ Typed Name and Title Date: ______________ _ Attest:-------------- Typed Name and Title Page 9 of13 ATTACHMENT A-STATEMENT OF WORK CITY OF ATLANTIC BEACH AMI IMPLEMENTATION PROJECT I. INTRODUCTION/BACKGROUND AGENDA ITEM 4B DECEMBER 12, 2016 Contract #28762 ·The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative Program in Fiscal Year (FY) 2016-2017 to develop and implement resource and water supply development projects and promote conservation. On June 14, 2016, the District's Governing Board approved funding for Cooperative Cost Share projects. Each project selected for funding will have a positive benefit to one or more of the District's core missions; including water supply, water quality, natural systems or flood mitigation. The City of Atlantic Beach (Recipient) requested funding for their Advanced Meter Infrastructure (AMI) Implementation Project for the not to exceed amount of $95,687.50 towards the estimated project cost of $191,375.00. This request was approved by the Governing Board. The Recipient is located in Duval County. II. OBJECTIVES The objective of this contract is to provide cost share dollars that will enable the Recipient to increase water conservation efforts by installing smart meter technology on all commercial units and other top ranked users in the City. Ill. SCOPE OF WORK The Recipient shall install approximately 650 smart meters, one radio and base station and an enhanced consumer portal. IV. PROJECT ADMINISTRATION AND DELIVERABLES The Recipient shall be responsible for the following: 41 Provide procurement for project; 41 Perform supervision and inspection of construction; • Perform contract administration; • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended. The Recipient shall provide the following to the District's Project Manager: • Timely invoices for actual project costs in accordance with this cost share agreement (i.e. quarterly, with appropriate substantiation that demonstrates that the applicant has paid for the total work cost and is seeking reimbursement up to the match amount) to enable proper review by the District's Project Manager prior to payment authorization; • Quarterly progress reports identifying project progress to date, key milestones reached, overall project schedule versus time for project completion, key issues to be resolved, project construction photos; quarterly reports shall also be emailed to the District's Budget Coordinator at mlicourt@sjrwmd .com; Page 10 ofl3 AGENDA ITEM 48 DECEMBER 12, 2016 Contract #28762 The Recipient shall ensure the task in the Task Identification section below is completed. V. TASK IDENTIFICATION AND TIME FRAMES The expiration date of this cost share agreement is September 30, 2017. The projected schedule is as follows: Anticipated Anticipated Task Description Start Date Completion Date Installation of smart meters and AMI January 7, 2017 April 30, 2017 VI. BUDGET/COST SCHEDULE For satisfactory completion of the Project, the District shall pay Recipient fifty percent (50%) of the total cost of the Project, but in no event shall the District's cost-share exceed $95,687.50. Recipient shall invoice the District quarterly with appropriate documentation. The District's Project Manager shall provide an invoice template that will be used. Invoices shall include a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other required supporting documentation for reimbursement up to match amount. For in-house expenses, Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff time or other proof of staff time expenses for the Project. The final invoice shall be submitted with the final project report. If the total actual cost ofthis project is less than originally estimated, the District's cost-share amount shall be reduced accordingly. Recipient may invoice more frequently submitting all required documentation and include general status information. Recipient may invoice the District for Project construction work beginning October 1, 2016. The District's Project Manager will also provide a document to the Recipient to be completed showing the spend-down plan for the Project. The spend-down plan should be completed once the Recipient issues the Notice to Proceed to the contractor. Recipient shall submit quarterly progress reports to the District's Project Manager and the District's Budget Coordinator within 30 days of the end of quarter for work accomplished during each quarter. The email address for the District's Budget Coordinator is mlicourt@sjrwmd.com. The Recipient will submit a final project report within 30 days of Final Completion and acceptance by City of Atlantic Beach detailing the project's accomplishments and any issues resolved during the course of the work. Estimated Cost Schedule for ijeimbursement (all dollar amounts are approximate and may be reallocated between the construction tasks). FY 16-17 (10/1/2016-9/30/2017) Estimated Estimated Reimbursement Description Task Amount Amount Installation of smart meters and AMI $191,375.00 $ 95,687.50 TOTALFY17: $191,375.00 $95,687.50 Page 11 of 13 AGENDA ITEM 48 DECEMBER 12, 2016 Contract #28762 ATTACHMENT C-DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS# DATE: TO: FROM: , Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the District's Project Manager. 1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the Items below): Approved: __________________ _ Date: ________ _ (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: __________________ _ Date: ________ _ (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: __________________ _ , District Project Manager Acknowledged:----------------- 1 District Contracts Administrator cc:· Contract/Purchasing file Financial Management Page 13 of13 Date:--------- Date:--------- AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY COMMISSION MEETING STAFF REPORT AGE NDA ITE M SA DECE M BER 12, 2016 Appointments to the Community Development Board Donna L. Bartle, City Clerk oO~ November 21 ,2016 The Board Member Review Committee (BMRC) met on Thursday, November 17, 2016 to address vacancies on the Code Enforcement Board. At that meeting, the Committee made the following recommendations: 1) Recommend reappointing Kelly Elmore, Sylvia Simmons and Brea Paul to serve an additional te1m as regular members on the Community Development Board for te1ms ending 12/31/2018 . 2) Recommend appointing Steven Mandelbaum as a regular member on the Community Development Board for the te1m ending 12/31/2018, and 3) Recommend appointing Thomas Hindle as an alternate member on the Community Development Board for the unexpired te1m beginning January 1, 2017 and ending December 31, 2017. RECOMMENDATION: 1) Reappoint Kelly Elmore, Sylvia Simmons and Brea Paul to serve an additional te1m as regular members on the Community Development Board for te1ms ending 12/31/2018, 2) Appoint Steven Mandelbaum as a regular member on the Community Development Board for the term ending 12/31/2018, and 3) Appoint Thomas Hindle as an alternate member on the Community Development Board for the unexpired te1m beginning January 1, 2017 and ending December 31, 2017. ATTACHMENTS: Minutes ofthe BMRC Meeting on November 17,2016 Application of Thomas Hindle Call to order MINUTES Board Member Review Committee Meeting November 17,2016 5:00p.m. AGENDA ITEM SA DECEMBER 12, 2016 The meeting was called to order at 6:00 p.m. by Commissioner John Stinson. In attendance were Commissioner John Stinson (Chairman), Members Jennifer Lada, Solomon Brotman, Community Development Board Chair Brea Paul, and City Clerk Donna Bartle. Community Development Director Drew DeCandis was also in attendance. 1. Approval ofthe minutes ofthe BMRC meeting of October 17, 2016 .. Motion: Approve minutes ofthe Board Member Review Committee meeting of October 17,2016. Moved by Brotman, seconded by Lada Motion carried unanimously 2. Interview the candidates for consideration to the Community Development Board. A. Brian Joseph Major (Mr. Thomas Hindle was interested, but unable to come in for an interview on November 17, 2016.) The Committee interviewed Mr. Major. An overview of the duties and responsibilities of the Community Development Board and the alternate members were explained. Mr. Major explained his personal accomplishments, experience, goals and interests in the community. The Committee offered the opportunity to ask questions and the Committee responded to those questions. 3. Discuss the current Community Development Board (CDB) members whose terms expire on 12/31/16 and are interested in reappointment, the alternate members interested in regular membership and the current applicants. Current Members: • Kelly Elmore • A. Brea Paul • Sylvia Simmons Current Alternate Members: • Steven Mandelbaum • JudyWorkman Applicants: • Brian Joseph Major • Thomas Hindle The Committee discussed the current board members and the two alternates. Ms. Paul spoke about each of the members of the Community Development Board being considered including herself. Mr. Brotman reported a relationship disclosure explaining that his company does business with Ms. Paul's company and he was unaware of that until tonight. The Committee determined that Mr. Brotman should be allowed to participate and vote. AGENDA ITEM SA DECEMBER 12, 2016 4. Make recommendations on filling the four upcoming vacancies on the Community Development Board for terms beginning January 1, 2017 and ending December 31, 2018. Motion: Recommend reappointing Kelly Elmore and Sylvia Simmons to serve an additional term as regular members on the Community Development Board for terms ending 12/31/2018. Moved by Brotman, seconded by Lada Motion carried unanimously Motion: Recommend reappointing Brea Paul to serve an additional term as a regular member on the Community Development Board for the term ending 12/31/2018. Moved by Brotman, seconded by Lada Motion carried unanimously (Ms. Paul did not vote.) The Committee discussed moving an alternate member into the regular member vacancy and addressing a new alternate. Motion: Recommend appointing Steven Mandelbaum as a regular member on the Community Development Board for the term beginning January 1, 2017 and ending 12/31/2018. Moved by Lada, seconded by Brotman Motion carried unanimously Chairman Stinson contacted Mr. Hindle for a phone interview with the Committee. An overview of the duties and responsibilities of the Community Development Board and the alternate members were explained. Mr. Hindle explained his personal accomplishments, experience, goals and interests in the community. The Committee offered the opportunity to ask questions and the Committee responded to those questions. The Committee discussed the two new candidates. Motion: Recommend appointing Thomas Hindle as an alternate member on the Community Development Board for the unexpired term beginning January 1, 2017 and ending December 31, 2017. Moved by Lada, seconded by Brotman Motion carried unanimously The Committee agreed that an encouragement letter should be sent to Mr. Major. The Committee discussed the language in our Code regarding alternate members. Commissioner Stinson spoke about his plan to have the Board Member Review Committee meet with Board and Committee Chairs. Adjournment There being no other business, the meeting adjourned at 7:33p.m. John M. Stinson Chairman Draft-Minutes of the Board Member Review Committee Meeting on November 17, 2016. Pagel of2 DRAFT 11/29/2016 ORDINANCE NO. 90-17-226 AGENDA ITEM 7A DECEMBER 12, 2016 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CONSIDERING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE: WHEREAS, on March 25, 2016, the Florida Legislature amended numerous provisions of Section 381.986, Florida Statutes to make various revisions including a revision to the definition of "dispensing organization" to allow dispensing organizations to transport "medical cannabis", and to include medical cannabis for eligible patients with terminal conditions and to provide additional regulation of the Department of Health with regard to medical cannabis; and WHEREAS, Chapter 64-4 "Compassionate Use" of the Florida Administrative Code has been enacted to regulate the Department of Health with regard to the requirements for dispensing organizations, including procedures for application, review, approval, inspection and authorization of dispensing organizations, and the Department of Health has commenced its application and review process; and WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida Constitution ("Amendment 2") entitled "Use of Marijuana for Debilitating Medical Conditions"; and WHEREAS, Amendment 2 legalizes the use of medical cannabis in the State of Florida and authorizes the cultivation, processing, distribution, and sale of marijuana and related activities by licensed "Medical Marijuana Treatment Centers"; and WHEREAS, various state and national entities have begun addressing the direct and secondary impacts relating to the legalization of cannabis, including the American Planning Association, Denver Fire Department, Rocky Mountain High Intensity Drug Trafficking Area, U.S. Department of Justice, Florida cities and counties, Florida for Care Blue Ribbon Commission, and the Florida League of Cities-Florida Association of Counties-Florida Police Chiefs Association-Florida Sheriffs Association Medical Marijuana Workgroup; and WHEREAS, the comprehensive State licensing and regulatory framework directs that the criteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for, dispensing facilities of medical cannabis businesses may be determined by local ordinance; and WHEREAS, due to the historical prohibition of marijuana, the City of Atlantic Beach does not currently have any land development regulations governing the use of real property for the 00732425-1 Page 1 of4 AGENDA ITEM 7A DECEMBER 12, 2016 purposes of cultivating, processing, distributing, or selling marijuana or related activities, and such uses are not permissible within the City; and WHEREAS, Amendment 2legalizes the medical use of medical cannabis throughout the State of Florida for individuals with debilitating medical conditions as determined by a licensed Florida physician and authorize the registration and regulation of centers that cultivate, process, distribute, and sell medical cannabis products for medical purposes; and WHEREAS, in order to promote effective land use planning, the City Commission wishes to preserve the status quo while researching, studying and analyzing the potential impact of Medical Marijuana Treatment Centers and dispensing organizations upon adjacent uses and the surrounding area and the effect of Medical Marijuana Treatment Centers and dispensing organizations on traffic, congestion, surrounding property values, demand for City services and other aspects of the general welfare; and WHEREAS, the dispensing of medical cannabis is currently illegal under federal law and the United States Drug Enforcement Agency has recently confirmed that cannabis remains a Schedule I drug under federal law, but the United States Department of Justice has discussed federal enforcement of such laws with respect to state regulated cannabis operations in the 2012 "Cole Memorandum," and; WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and business from secondary effects associated with the distribution of medical cannabis exist, potentially including, offensive odors, trespassing, theft, fire hazards, increased crime in and about the dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents; and WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by medical cannabis businesses in obtaining banking services necessitating such businesses to operate on a cash basis; and WHEREAS, there exists the potential for misappropriation of medical cannabis to non-medical uses; and WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in compliance issues, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and WHEREAS, the City Commission finds that a temporary moratorium on the operation of Medical Marijuana Treatment Centers and dispensing organizations will allow the City a sufficient period of time to determine what uses are best suited to particular zoning categories and how best to formulate land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing or selling medical cannabis or related activities; WHEREAS, it is not the purpose or intent of this Ordinance to restrict or deny access to medical cannabis products as permitted by Florida law, but instead to enact reasonable restrictions intended 00732425-l Page 2 of4 AGENDA ITEM 7A DECEMBER 12, 2016 to protect the public health, safety and welfare and what any potential enacting State legislation or regulations will provide and when such enacting legislation and regulations will be effective. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The aforementioned recitations are incorporated herein by reference. SECTION 2. A temporary moratorium is imposed on the operation of Medical Marijuana Treatment Centers and dispensing organizations within the city limits of the City of Atlantic Beach. While the temporary moratorium is in effect, the City shall not accept, process or approve any application relating to the operation of a Medical Marijuana Treatment Center or dispensing organization. Nothing in this temporary moratorium shall be construed to prohibit the medical use of medical cannabis by a qualifying patient, as determined by a licensed Florida physician, pursuant to Amendment 2, Fla. Stat. §381.986 or other Florida law. SECTION 3. For purposes ofthetemporarymoratorium, a "Medical Marijuana Treatment Center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers medical cannabis, products containing medical cannabis, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Florida Department of Health. "Dispensing organization" means an organization approved by the Florida Department of Health to cultivate, process, transport, and dispense medical cannabis pursuant to Fla. Stat.§ 381.986. SECTION 4. The City Manager or his designee is hereby directed to study land development regulations for medical cannabis dispensing businesses and Medical Marijuana Treatment Centers and the impact of such regulations in other jurisdictions. SECTION 5. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to open or cause to be opened any medical cannabis dispensing business or Medical Marijuana Treatment Center within the City. It is also unlawful and a violation of this ordinance for any person or entity to relocate or cause to be relocated any medical cannabis dispensing business or Medical Marijuana Treatment Center within the City or to be expanded in the City. SECTION 6. This ordinance shall take effect upon its adoption by the City Commission. The temporary moratorium shall terminate one (1) year from the effective date of this ordinance, unless the City Commission rescinds or extends the moratorium by a subsequent ordinance. SECTION 7. If any section, subsection, sentence, clause, phrase or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. SECTION 8. The City's code enforcement officer, law enforcement or any other person 00732425-1 Page 3 of4 AGENDA ITEM 7 A DECEMBER 12, 2016 authorized to enforce ordinances in the City may enforce the provisions of this Ordinance. Any enforcement action or legal remedy available under controlling state law, including but not limited to, prosecution as a misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing contained herein shall prevent the City from taking such other lawful action in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but not limited to: (a) Code enforcement action pursuant to City of Atlantic Beach Ordinances; (b) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction; (c) Initiating an action to recover any and all damages that may result from a violation of, or a refusal to comply with, any part of this Ordinance; or (d) Utilizing any other action or enforcement method allowable by law. SECTION 9. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 10. The effective date of this Ordinance shall be , 2016, the day the Commission first took action towards adoption of the moratorium, in accordance with Smith v. Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified. PASS ED by the City Commission on first reading this_ day of ____ , 2016. PASSED by the City Commission on second and final reading this_ day of ___ _ 2016. CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00732425-1 Page 4 of4 ORDINANCE NO 95-17-113 AGENDA ITEM 78 DECEMBER 12, 2016 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CREATING A PILOT PROGRAM FOR PERMITTING BACKYARD HENS IN CERTAIN RESIDENTIAL DISTRICTS SUBJECT TO AN ANNUAL FEE OF $50; LIMITING THE NUMBER OF PERMITS ISSUED UNDER THE PILOT PROGRAM TO 50; PROVIDING FOR EVALUATION AND REPORTING OF THE PILOT PROGRAM BY THE CITY COUNCIL AFTER EIGHTEEN MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal functions and render municipal services; and. WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, the importance of sustainability and local food sourcing has inspired an interest in backyard and community food production within our city limits, and WHEREAS, many communities in Northeast Florida and throughout the United States have been exploring and implementing programs to integrate the keeping of backyard chickens into urban and suburban residential settings; WHEREAS, chickens are social not solitary animals, can make good pets, and findings indicate that five (5) are sufficient to meet the needs of the average family's egg consumption; and WHEREAS, residents of the city living in residentially zoned areas that are not currently allowed to keep chickens have indicated a desire to do so, asking that special attention be initiated as to how chickens can be successfully and lawfully integrated into their residential environments; and WHEREAS, the findings and recommendations of the City Commission have been considered, NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH FLORIDA: Section 1. Purpose and Intent. Creation of a pilot program to permit backyard hens in certain residential zoning districts in which they are currently not permitted. This ordinance provides for an exception to Section 4-7(a) of the Atlantic Beach Code of Ordinances so as to allow for the creation of a pilot program for the keeping of backyard hens, and establishes criteria and limitations so as to avoid adverse impacts on neighboring properties and residents, and to provide for the health and safety of the chickens. Nothing herein shall supersede any legally adopted, recorded restriction within any platted neighborhood. Section 2. Creation, Limitation, Permits, Approvals and Fees under the Pilot Program. The Commission hereby approves a pilot program for permitting backyard hens in certain residential districts enumerated herein, upon meeting the performance standards and development criteria set forth below in Section 3, and subject to the following conditions: AGENDA ITEM 78 DECEMBER 12, 2016 (A) The pilot program shall allow for the issuance of no more than 50 permits households within the Atlantic Beach City Limits. Permits shall be for one year and issued on a first come, first served basis and only upon the subject applicant meeting the standards and development criteria set forth in Section 3. (B) A $50 permit fee shall be required for each application. (C) Within 60 days of the effective date of this ordinance, the Building and Zoning Department shall create an application for a backyard hens permit and shall establish an administrative procedure for issuing said permits, collecting the permit fees, ensuring that an application meets the requirements for issuance of the backyard hens permit and for annual inspections, and for maintaining a database for tracking the households which receive permits and renewal of permits (D) The pilot program shall remain in place for two (2) years at which time it shall be evaluated and extended or discontinued by action of the Council. (E) Within eighteen (18) months from the effective date of this ordinance, the City Manager shall evaluate and review the pilot program, with input from Animal Control and the Building and Planning and Zoning Department, and shall issue a report as to the success of the pilot program, complaints lodged and the welfare of the hens being kept within the Atlantic Beach City limits. Section 3. Backyard Hen Permits Special Conditions. The permit for backyard hens issued pursuant to this ordinance shall be subject to the following regulations, standards and development criteria: (A) For the purpose of this pilot program, a hen (gallus domesticus) refers only to a female chicken. Up to five (5) hens (gallus domesticus) shall be permitted in the back yard of a single family home located in the RS-L, RS-1, RS-2, RG, and RG-M zoning districts. The aforementioned land requirements are the gross area of premises harboring such hens and include areas used by the resident for residential or other purposes, in addition to the keeping of the hens, subject to the following standards and development criteria: (i) Hens shall be kept within a coop or enclosure and will not be allowed to be free roaming. A fenced or wired in area, or pen is required in conjunction with a coop to provide an outside exercise area free from predators for hens. Said area shall be of a size that allows access to foraging area, sunlight, etc. (ii) The coop shall be screened when viewed from neighbor's house, using an opaque fence and/or landscape screen or evergreen plantings. (iii) Any Hen coop and/ or fenced enclosure shall be located in the rear yard of the property unless the property is deemed to have double frontage. No coop, enclosure or hens shall be allowed in any front or side yard (comer lots and through lots shall be excluded from side setback restriction) unless as otherwise described above. (iv) All coops shall be required to be anchored in such a way so as to prevent them from becoming air born during a wind event. (v) The coop shall be covered and ventilated and a fenced enclosure/run is required that AGENDA ITEM 78 DECEMBER 12, 2016 is well drained so that there is no accumulation of moisture. The coop and enclosure shall be completely secured from predators, including openings, ventilation holes, doors and gates (fencing or roofing is required over the enclosure in addition to the coop.) (vi) The coops shall provide a minimum of three (3) square feet per hen and be of sufficient size to afford free movement of chickens. The coop must be easily accessible for cleaning and maintenance. (vii) All stored feed shall be kept in a rodent and predator proof container. (viii) Hens may not be kept on duplex, triplex or in multifamily properties. (ix) No male chickens (roosters), ducks, geese, turkeys, peafowl, pheasants, quail or any other poultry or foul may be kept under this pilot program. (x) Hens shall be kept for personal use only. The selling of hens, eggs or manure or the breeding of chickens for commercial purposes is prohibited. (xi) Hens shall not be permitted to trespass on neighboring properties, be released or set free and shall be kept within a coop and enclosure at all times. (xii) Hen coops and enclosures shall be maintained in a clean and sanitary condition at all times. Hens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition. (viii) No dog or cat that kills a hen shall, for that reason alone, be considered a dangerous and/or aggressive animal. (xiv) Hens that are no longer wanted by their owners shall not be taken to Animal Control, nor shall they be released. (xv) All residents wishing to acquire hens, or that currently have existing hens, must evidence the completion of a hen keeping seminar from the Duval County Agricultural Extension Office. (xvi) Upon submission of a completed application as determined by the Building and Zoning Department, completion of the seminar from the Duval County Agricultural Extension Office, where applicable have a letter from their home owners association allowing the keeping ofhens and payment of the $50 permit fee, and following an inspection by Code Enforcement, the City shall issue the permit. (xvii)All hen coops or enclosures shall meet the setbacks for accessory structures pursuant to Section 24-151 (b)( 1 )k. Storage and Tool Sheds of the Atlantic Beach Land Development Regulations except that chicken coops may not exceed 6 feet in height and may not exceed 100 square feet. (B) As a condition of the issuance of a permit, a permit holder consents to inspection of his or her property upon application for a permit and upon complaint to the City or Animal Control as related to backyard hens. Following a complaint as to a particular property and upon notice to the permit holder, the permit holder shall allow the Animal Control to enter onto his or her property to ensure compliance with the regulations, standards and development criteria herein. The permit is also subject to the condition that, if the pilot program is not extended than all permits will be required to remove all hens from the property, and cease further raising of said hens. (C) Chicken coops and runs shall be maintained in a clean and sanitary condition at all times. Chickens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition. (D) In a public health emergency declared by the Duval County Health Department, Permit Number (Complete< AGENDA ITEM 78 City of Atlantic Beach • DECEMBER 12, 2016 Temporary Backyard Submittal Requirements Chicken Application [ ] Enclosure Plan ~1 :!~ Provide a plan showing coop construction The Temporary Backyard Chicken Pilot Program allows residents of materials and methods as well as anchoring single family homes to keep chickens on developed single family methods, such as tie-downs. Include verification residential properties. All temporary perm its will expire on J an u a r y that the enclosure is constructed to be 2019. The City Commission may decide to extend, make permanent , impermeable to rodents and predators. or cease the pilot program prior to this date . [] Proposed Site Plan (or Sketch): Show the Process: There are 50 permits available and they will be issued on a property lines, existing structures such as house, first-come, f irst-serve basis . All applications will need to be complete sheds, p o o Is etc., and the location of the with all required attachments prior to being processed . Please ensure proposed structures. Include the distance from that all documents in the submittal requirements list to the right are the side and rear property line and primary included before submitting your application . The City will review the structure on adjacent lots. An aerial photograph application to make compliance determinations under Ordinance 16 -(using Google Maps or similar) may be utilized to 2092. Following issuance of the Temporary Backyard Chicken permit, show the distances from neighboring primary City staff will perform an inspection to ensure compliance. structures. [ ] Fence Verification Applicant Include a description of the proposed or existing Name fence or other screening from view of neighbor's Address house. New fences will require a fence permit through the Building Division. Phone/Fax [ ] Duval County Agricultural Extension Services Extension E-Mail Service Documentation Include documentation of completion of a Owner Backyard Chicken Class through the Extension Service. Contact Duval County Name Extension Center at Phone: (904)255 -7450 for information on upcoming classes. Address [ ] HOA Letter If you are part of a Homeowners' Association, Phone/ Fax provide a letter from the HOA stating you are able to have chickens at your home. E-Mail []Permission letter from property owner. Number of If you rent a property you will need to provide chickens written permission from the property owner, (max allowed they will also be required to sign the affidavit. 4, hens only) Name of []Completed Affidavit Homeowners ' To ensure that the chicken coop and run will Association (HOA) be designed, constructed and operated to Fence type the standards outlined in this Ordinance and height [ ] Application fee: $50 (fence must be opaque) Applicant Name (Print) Signature Date CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM SA DECEMBER 12, 2016 AGENDA ITEM: Options for the Rewrite of the Atlantic Beach Land Development Code SUBMITTED BY: Andrew DeCandis, AICP, Planning Director DATE: December 12,2016 BACKGROUND: The City Commission recently tasked the Planning Department to update, clean up and simplify the regulations via a rewrite process. There have been changes, additions and tweaks since the development of the Land Development Regulation in 1982. In 201 0 there was a major rewrite to Chapter 24 Articles I to VI modifying a major portion of the zoning code. These modifications affected the definitions, application process, number and type of uses permitted in zoning districts, exceptions, setbacks, the powers of the Development Director, PUD's, and variances among others. Recently, as a result of reaction to some types of development, requested variances and waivers, resulting in the perception that the Land Development Regulations require a complete rewrite. Some of the issues that have recently been identified as needing revision include regulations definitions, trees, signs, commercial uses, conflicts with the Comprehensive Plan and others. Additionally, the City has recently completed a Community Redevelopment Plan which if implemented will require some additional updates in the Regulations. Additionally, the City will enter its seven (7) year Comprehensive Plan EAR process in 2017. This is a State mandated review of the Comprehensive Plan. If the City intends to move forward with a rewrite of the Land Development Regulations, than it must go hand and hand with the EAR revisions to insure that conflict between the two documents is minimal. OPTIONS FOR A REWRITE OF THE LAND DEVELOPMENT REGULATIONS: There are several approaches to completing the LDR rewrite. This process can be accomplished by in- house staff but will take dedication of staff and substantial time. Bringing in temporary staff or outside consultants to do some or a majority of the work could reduce the rewrite time. Several options to consider include: Option 1 -Combine the LDR Rewrite with the 2017 EAR revisions to the Comprehensive Plan: Complete a comprehensive review and revision to the City's Comprehensive Plan as part of the City's 2017 Evaluation and Appraisal Report (EAR). Include as part of that EAR reviews series of public meetings on the issues of concern to the Atlantic Beach Residents. Once the EAR is completed, submitted and approved by the state of Florida, a review of the Land Development regulations will identify the areas of the LDR needing revision. Upon the identification of needed revisions to the LDR, City staff shall propose at a series of public meetings the revisions to the LCR that correspond to the EAR revisions. AGENDA ITEM 8A DECEMBER 12, 2016 Advantages of this approach is that it follows the intent of the Florida Planning law by first modifYing and adopting the Comprehensive plan then following up with a Land Development regulations that implements that plan. Estimated time frame to complete this is 18 months using only in-house staff or 12 months using temporary staff or outside consultants Option 2 -Complete a comprehensive staff rewrite to LDR only: Dedicate staff to review in its entirety the LDR for the purposes of identifying inconsistencies and the need for updates, clarifications and modifications to the Land Development Regulations (LDR). This will be a line-by-line review to identify inconsistencies, conflicts and failure to adhere to best practices. Upon completion of chapters, staff will hold public meetings to receive community impute before each chapter is submitted to City Commission and adopted. Advantaged of this approach is that the revision will be done in manageable blocks for with City Commission approval of each section as it is approved. Public input can be handled though workshops and through input at public Community Development Board meetings. Time frame for the rewrite is estimated at 12 months if handled internally. Option 2A-Completion of a comprehensive LDR rewrite by an outside firm: This option is a modification of Option 2 but is to be completed by a planning contractor. This will include the development of a Request for Proposal by Staff and the selection of a firm to handle the rewrite. The advantage of this option over option 2 is that it will reduce the time needed to complete the rewrite. The disadvantage of this option is that it will cost some additional dollars that the City Currently does not have budgeted. Rewrite is estimated at 9 months to complete. Option 3 -Rewrite only chapters identified by City staff, elected leadership and the public as needing modifications: Revisions to include the review of the existing LDR address areas of concern brought up in recent years, remove inconsistencies, consolidate like subject matter, and group information in a fashion that facilitates ease of use with graphics and charts. This option will also include revisions needed to comply with any recent legislative changes, City organizational changes, court decisions, etc. The advantage of this option is that only revises those chapters that have been identified as needing revision. This option is also likely to take the least amount of time and the least costly. It is estimated that it will take 6 months to complete. RECOMENDATION: City Commission should provide consensus to the Planning staff on what option we should pursue for the rewrite of the Land Development Code. Since the code was significantly revised in 2010, staff recommends Option 3 -Rewrite only chapters identified by City staff, elected leadership and the public as needing modifications BUDGET: To Be Determined _4 REVIEWED BY CITY MANAGER: -J1 ~~ ~~ ARTICLE II.-CITY COMMISSION!61 Sec. 2-19.-Rules of conduct and procedure at meetings. AGENDA ITEM 88 DECEMBER 12, 2016 The following rules shall govern procedure and conduct of city commission meetings: (1) Rule 1. The mayor-commission shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meeting and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commission by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. (2) Rule 2. The mayor-commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one (1) member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name that was called second upon the preceding roll call, and thereafter proceed to call the roll according to alphabetical order; except, that the mayor-commissioner's name shall be called last. (3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. (4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. (5) Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. (6) Rule 6. No member shall absent himself from the meeting before adjournment for more than five (5) minutes at a time without leave of the presiding officer. (7) Rule 7. The order of business shall be as follows: a. Approval of minutes of preceding meetings; b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's attention; c. Unfinished business of preceding meeting; d. Consent agenda; e. Report of committees; f. Action on resolutions; g. Action on ordinances; h. Miscellaneous business; i. City manager reports; j. Reports and/or requests from city commissioners and city attorney. (8) Rule 8. The mayor-commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. (9) Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following the reference; provided, the city commission may direct a report Page 1 AGENDA ITEM 88 DECEMBER 12, 2016 to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of further consideration of the matter, and it be otherwise disposed of by the city commission. (1 0) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless a majority of the committee shall have signed the same. (11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give advance notice of the time and place of such meeting to all members of the city commission, the city clerk, city manager and other persons known to be interested in favor of, or opposed to, the particular matters proposed to be considered. (12) Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. (13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda, the presiding officer shall order same received or filed or referred to proper committees, and the order made shall prevail unless motion for other disposition of the matter in question shall be made and prevail. (14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. (15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commission, provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor-commissioner and each member of the city commission at least three (3) days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manager, city clerk and city attorney shall, when requested by the mayor-commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor-commissioner and each member of the city commission at least three (3) days prior to the next scheduled meeting of the city commission following the request. (16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be taken upon the disposition made at each reading thereof, and shall be entered upon the journal of the proceedings of the city commission. (17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. (18) Rule 18. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of unfinished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. (19) Rule 19. The city manager shall submit regular written monthly reports to the city commission. (20) Rule 20. After the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. (21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. Page 2 AGENDA ITEM 88 DECEMBER 12, 2016 (22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. (23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor-commissioner during his absence or disability. (24) Rule 24. It shall be the duty of the city clerk or her/his designee to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor-commissioner, and in his absence, the mayor pro tem or other city commissioner, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk or her/his designee, and the record of every meeting shall be signed, when approved, by the city clerk or her/his designee and the mayor-commissioner or the mayor pro tem or other city commissioner who presided thereat. (25) Rule 25. Any city commissioner or charter officer may request that any motion be presented in writing. (26) Rule 26. The city commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the city commission. The passage of emergency ordinances and resolutions, however, shall be in accordance with Section 18 of the City Charter. (27) Rule 27. It shall be the duty of a city commissioner who will be absent from any city commission meeting to notify the other commissioners of any such anticipated absence. Said notice shall be given as far in advance as possible, either orally at a meeting prior to the one which the commissioner will be absent from, or by e-mail to the city clerk, who will then forward the notice to the other commissioners. If the notice includes a request for an excused absence, it shall state briefly the reasons why the excused absence is being requested, and the other commissioners shall vote on the request at the meeting at which it is orally requested or as an agenda item at a subsequent meeting following notice by e-mail. (28) Rule 28. City commissioners shall be prohibited from accepting or sending any electronic communications via cell phone or other device during the course of a city commission meeting. Electronic communications include, but are not limited to, emails, Blackberry PINs, SMS communications (text messaging), MMS communications (multimedia content), and instant messaging. City commissioners may have cell phones turned on during city commission meetings, to be used only in the event of an emergency. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No.5- 01-36, § 1, 11-12-01; Ord. No. 5-12-56, §§ 1, 2, 8-27-12; Ord. No. 5-12-57, § 1, 11-26-12) Page 3 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM 9A DECEMBER 12, 2016 AGENDA ITEM: 90-Day Calendar for the Mayor and Commission SUBMITTED BY: Yvonne Calverley, Executive Assistant to the City Manager DATE: December 15, 2016 STRATEGIC PLAN LINK: None BACKGROUND: The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • A Town Hall Meeting is tentatively scheduled for 10 am on Saturday, January 21st at the Commission Chamber. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for December 2016 through February 2017 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (December 2016 through February 2017) CITY MANAGER: ~ ..-t/04<r ;;;:ivtN SUl\iD .\ Y :\IOND.\Y 4 5 6 Acoustic Night 3-5pm Johansen Park 11 12 13 Conunission Mtg 6:30pm (Invoc-Hill) Videotaped 18 19 20 Songwriters' Concert 6-8pm Adele Grage 25 26 27 City Offices Closed MAYOR AND COMMISSION December 2016 Tl1ESD .\Y \\"ED!\ESD . \ Y TIIL'RSD .\Y 1 Holiday Artisans ' Faire 5-9pm Adele Grage 7 8 Newsletter Due (Reeves) 14 15 21 22 Due Date for 119 Agenda Items 28 29 FRID.\Y 2 9 16 23 City Offices Closed 30 AGENDA ITEM 9A DECEMBER 12, 2016 S.\TURD.\Y 3 Tree Lighting 3-8 pm Town Center 10 17 24 31 SU~D .\Y i\IOND.\Y 1 2 3 City Offices Closed 8 9 10 Commission Mtg 6:30pm (lnvoc-Harding) 15 16 17 Martin Luther King, Jr. Day City Offices Closed 22 23 24 C ommission M tg 6 :30 pm (Inv oc-Wat ers) 29 30 31 MAYOR AND COMMISSION January 2017 TUESD .\Y \\"ED:\:ESD.\ Y TI IL'RSD . \ Y 4 5 11 12 18 19 25 26 FRID .\ Y 6 Newsletter Article I>ue (\Tan Liere) Due Date for 1123 A genda Items 13 20 27 AGENDA ITEM 9A DECEMBER 12, 2016 S.\TURD .\ Y 7 14 21 Town Hall Meeting 10 am-Noon Chamber (Tentative) 28 SUND.-\Y :\IOND.\Y 5 6 7 12 13 14 Commission Mtg 6 :30pm (Invoc-Reeves) 19 20 21 President's Day City Offices Closed 26 27 28 Commission Mtg 6 :30pm (Invoc-Stinson) MAYOR AND COMMISSION February 2017 TUESD .\Y \\'ED~ESD .\ Y TI Il'RSD . \ Y 1 2 8 9 Newsletter Due (Stinson) 15 16 22 23 3 10 17 24 AGENDA ITEM 9A DECEMBER 12, 2016 FRID .\ Y S.\TURD.\ Y 4 11 Due Date for 2/27 Agenda Items 18 25 Due Date for 3/ Agenda Items