8-28-17 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
AUGUST 28, 2017-6:30PM
AGENDA
Invocation and pledge to the flag
Call to order
1. Approval of minutes.
A. Approve minutes of the Regular Commission Meeting on July 24, 2017.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. Application and Guidelines for Contributions to Outside Organizations
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 Building Department Activity Report and
Recreation and Special Events Report for July 2017.
B. Approve the piggy backing on the City of Jacksonville Contract: CS-0354-15,
Sport Court Maintenance and Construction 2015 (Re-Bid) for Russell Park Tennis
Court Reconstruction and authorize the City Manager to approve a purchase order
for $101,679.50.
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 17-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPOINTING THE INAUGURAL MEMBERS OF THE ENVIRONMENTAL
STEWARDSHIP COMMITTEE, PROVIDING TERMS, PROVIDING AN
EFFECTIVE DATE.
(Please Note: The proposed resolution will be included in the amended agenda
published on August 23, 2017.)
B. Resolution No. 17-10
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPOINTING THE MEMBERS OF THE PARKING AND PEDESTRIAN
SAFETY ADVISORY RESOURCE COMMITTEE, PROVIDING AN
EFFECTIVE DATE.
(Please Note: The staff repmi and proposed resolution will be included in the
amended agenda published on August 23, 2017.)
7. Action on Ordinances
A. ORDINANCE NO. 90-17-229, Public Hearing and Final Reading.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225, KNOWN
AS THE "AUTOMOTIVE SERVICE STATION MORATORIUM
ORDINANCE," APPROVED AND ADOPTED BY THE CITY
COMMISSION ON SEPTEMBER 12, 2016, FOR A PERIOD OF SIX
MONTHS FROM AUGUST 22, 2017 TO FEBRUARY 22, 2018;
PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER
PROVISIONS OF ORDINANCE NO. 90-16-225; AND PROVIDING AN
EFFECTIVE DATE.
B. ORDINANCE NO. 80-17-87, Public Hearing and Final Reading.
AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM
ON THE ACCEPTANCE, PROCESSING OR APPROVAL OF ANY
WIRELESS COMMUNICATION FACILITIES IN THE CITY'S
RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business (Discussion only)
None.
9. City Manager Reports
A. City Manager's Report
B. 90-Day Calendar (September through November 2017)
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking
on the Commission Meeting Video tab located on the home page of the City's website at
www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to any
matter considered at any meeting, such person may need a record of the proceedings, and, for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall
include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit
a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of how
the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk by 5:00PM, Friday, August 25, 2017.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
JULY 24,2017-6:30 PM
MINUTES
IN ATTENDANCE:
Mayor Mitchell E. Reeves
Mayor Pro Tern Jolm Stinson
Commissioner Mitchell R. Harding
Commissioner Jimmy Hill
Commissioner M. Blythe Waters
Invocation and pledge to the flag
City Attorney Brenna Durden
Interim City Manager Kevin Hogencamp
City Clerk Donna L. Bartle
Recording Secretary Nancy Pyatte
Mayor Pro Tern Jolm Stinson gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Call to order
Mayor Reeves called the meeting to order at 6:33P.M. City Clerk Bartle called the roll and Mayor
Reeves noted that a quorum was present.
1. Approval of minutes
A. Approve minutes ofthe Regular Commission Meeting on June 26, 2017.
B. Approve minutes ofthe Joint Workshop ofthe Community Development Board and the City
Commission on May 24, 2017.
C. Approve minutes of the Joint Workshop ofthe Atlantic Beach City Commission and
Beautification Natural Resource Preservation Advisory Committee held on June 14, 2017.
D. Approve minutes of the Joint Workshop of the Atlantic Beach City Commission and
Beautification Natural Resource Preservation Advisory Committee held on June 16, 2017.
Mayor Reeves asked if there were any conections to the above minutes. There were no conections, so
Mayor Reeves stated the minutes stand as submitted.
2. Courtesy of the Floor
Mayor Reeves explained the process for the public comments and opened the Courtesy of the Floor to
visitors. City Clerk Bartle called each speaker to the podium.
Travis Stratmann, President of the Atlantic Beach Athletic Associaton (ABAA), 12225 High
Laurel Dr., Jacksonville, and Larry Rollings, Vice President of the ABAA, addressed the
Commission. Mr. Stratmann and Mr. Rollings represent the ABAA 12 & Under Suns baseball team
going to the World Series in Branson, MO. They introduced the coaches and team members present at
the meeting. They said the kids have won the State Championship 4 years in a row and they are now
heading to the World Series in Branson, MO. Mr. Stratmann stated they are asking for the City's
assistance, if at all possible, to help with contributions to offset travel expenses for the team. The total
expense is $46,000 and they still need $38,000 to complete the funding.
Mayor Reeves congratulated the team and wished them luck at the playoffs. Mayor Reeves stated he
will tum the request over to Interim City Manager (ICM) Hogencamp to research the possibility to assist
with the funding. Mayor Reeves announced there will be a fund raising event at Angie's Subs, $20 per
person, on July 28,2017, 5:00PM-9:00PM.
If anyone in the audience wishes to donate, checks can be made payable to ABAA 12 U Suns World
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Series. Contact information for ABAA 12U Suns World Series was provided by Mr. Rollings, phone#
759-4600, or laiTy.rollings @ gmail.com. There is a link to the Go Fund Me account on the ABAA
website. The World Series event is from August 2 -11, 2017. The funds are needed by the end of this
week.
ICM Hogencamp stated he will work on a marketing plan for the community to help raise funds for this
team.
Commissioner Harding left the Chamber at 6:41PM, and retumed at 6:43PM.
The Commissioners and the team had their photo taken.
Nancy Whittington, 1861 Beachside Ct., Atlantic Beach, spoke about beach access parking issues and
Resolution No. 17-08 (6B), and the Safe Routes to School Project. Ms. Whittington gave an acronym for
this project-LULU-locally unwanted land use.
Pamela McCrary, 226 1st St., Atlantic Beach, stated she is a 27 year resident of the City and has never
been to the 18th and 19th Streets parking areas until recently and saw the problems. Ms. McCrary said
she realizes the impmiance to be concemed about the whole City, not just your own area.
John Finotti, 391 8th St., Atlantic Beach, stated he is the applicant for Item SA, and wanted the
Commission to know he was in attendance and available for questions.
Brittany Norris, 1183 Violet St., Atlantic Beach, spoke about the Mayport Corridor Association, and
expressed concem about the lack of residents involved. There is more than just business issues and Ms.
Norris suggested forming a committee. She said a lot needs to be done on that side of town, for both
business and residential areas.
Don Ford, 338 6th St., Atlantic Beach, spoke about all the changes made to the Committee's work and
Ordinance No. 5-17-64. The changes/language that he expressed concem about were on page 3, (2) d,
reference to deed restrictions, page 4, (3) Appointments of members, and deletion of business owners
from membership, and page 7-8, (2) e, the $500.00 filing fee for an appeal is excessive.
Betsy Cosgrove, 116 Poinsetta St., Atlantic Beach, spoke about Ordinance No. 5-17-64 and the
comments made by Mr. Ford. Ms. Cosgrove addressed parking and Resolution No. 17-08. Ms. Cosgrove
also spoke about the Gate construction project that is underway. She expressed concem about an
Atlantic Beach Facebook page where comments are being made about the Gate project and these
comments are hateful and full of misinformation. Ms. Cosgrove suggested, for future planning, not
allowing businesses to sell alcoholic beverages if they are open 24/7.
Linda Lanier, 1768 Park Terrace W., Atlantic Beach, spoke about Ordinance No. 5-17-64 and
thanked the Commission for the oppmiunity to serve on the Committee that formed the Environmental
Stewardship Committee (ESC). Ms. Lanier stated there is concem about the loss of trees and the tree
canopy, and the impact of redevelopment throughout our community. Having the ESC is a step in the
right direction to safeguard our natural resources and democratic process. Ms. Lanier stated if you care
about trees you cannot oppose this ordinance -it needs to pass tonight.
Mark Tingen, 1198 Sand Piper Ln. E., Atlantic Beach, stated he has learned a lot over the past couple
years and he appreciates being able to communicate with the Commissioners and the employees of the
City of Atlantic Beach. Mr. Tingen spoke about the Police Department and the CPA course and thanked
all the Officers for helping this community.
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John November, 536 South St., Neptune Beach, spoke about Ordinance No. 5-17-64 and the ESC. Mr.
November addressed the appeals process, stating that he thought the appeal process should be brought
before the Commission, not to the Community Development Board.
City Clerk Bartle advised Mayor Reeves the last speaker fmm is submitted for the record only, from
Charles McCrary, 363 Sherry Dr., Atlantic Beach, to show he supports Item 6B, Resolution 17-08. He
did not wish to speak.
Courtesy of the Floor closed.
3. Unfinished Business from Previous Meetings
A. City Manager selection process
Human Resource Director Cathy Berry (HR Director), provided a brief review for the Commission. Ms.
Berry stated originally there were four candidates selected, then the Commission added three more,
bringing the total to seven candidates for interviews. One has been eliminated because the candidate has
accepted employment elsewhere.
Those remaining six candidates have been interviewed via skype and the videos were made available to
the Commission. After viewing, each Commissioner submitted their rankings of the candidates to the
HR Director. Now there are three candidates scheduled for their final one-on-one interview with the
Commission on Friday August 4, 2017. On Thursday August 3, 2017 there will be a Public Meet and
Greet, held at the Adele Grage Cultural Center.
HR Director Berry provided the names of the three final candidates in alphabetical order:
Sarah Campbell
Joseph Gerrity
Ron Rabun
Motion: Bring the three top candidates in for the final interview.
Moved by Hill, Seconded by Harding
Commissioner Waters asked what time the Meet and Greet was scheduled for? HR Director Berry
stated it is scheduled for 6-8 pm.
Commissioner Harding stated he is looking forward to meeting with the three finalists.
Commissioner Stinson thanked Ms. Berry and Mr. Hogencamp and staff for all their hard work and
looks forward to meeting the three candidates.
Mayor Reeves requested that the HR Director post the skyped interviews and the resumes of the three
final candidates on the City's website so that they are available to the public.
HR Director Berry stated she is currently working on a contract now for the new City Manager and she
requested guidance from the Commission regarding the compensation package.
Discussion ensued about the approval of the contract being a joint effort of the Commission, having a
contract to present to these candidates when invited back, pay based on the job that is expected from the
individual selected, and to present the same contract to all three candidates. (A suggestion was made, for
later in the meeting, to suspend the rules and settle on a contract tonight.)
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City Clerk Bartle reminded Mayor Reeves there is a motion on the floor.
Roll Call Votes:
Aye: 5 Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
Discussion continued about the contract. HR Director Beny stated the contract is in template form, one
that has been used, but is not completed. The last City Manager was presented a very generous
compensation package, including a severance package, and HR Director Berry wanted direction from
the Commission if she should proceed in the same manner.
Mayor Reeves stated that in order for the Commission to get into a discussion about this contract, the
rules would have to be suspended to have a discussion.
Motion: Suspend the rules to allow for discussion about the compensation package for the City
Manager.
Commissioner Hill explained his reason for suspending the rules is due to the timeline involved in order
to give Staff direction on this matter.
Moved by Hill, there was no Second
MOTION FAILED
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 Building Depmiment Activity Report and
Recreation and Special Events Repmi for June 2017.
B. Award Bid 1617-10 to J.D. Hinson Company in the amount of $377,429.37, and
authorize the City Manager to execute the contract.
Motion: Approve Consent Agenda Items A and B as written.
Moved by Waters, Seconded by Harding
Votes:
Aye: 5
Nay: 0
MOTION CARRIED unanimously
5. Committee Reports
None.
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6. Action on Resolution
A. RESOLUTION NO. 17-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUNSETTING
AND DISSOLVING THE BEAUTIFICATION AND NATURAL RESOURCE
PRESERVATION ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE
DATE.
ICM Hogencamp requested to defer Item 6A to be addressed after Item 7B.
Motion: To defer Item 6A until after consideration of Item 7B
Moved by Stinson, Seconded by Waters
Votes:
Aye: 5
Nay: 0
MOTION CARRIED unanimously
B. RESOLUTION NO. 17-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CREATING A
PARKING ADVISORY RESOURCE COMMITTEE; PROVIDING FOR PURPOSE,
MEMBERS AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; AND
PROVIDING FOR SUNSET OF COMMITTEE AND AN EFFECTIVE DATE.
Motion: Approve Resolution No. 17-08 with an amendment, instead of 11 members with one City
Commissioner serving on the Committee, amend it to 11 members with one City Commissioner
appointed by the City Manager.
Moved by Waters, there was no Second
MOTION FAILED
Motion: Adopt Resolution No. 17-08 as read by title.
Moved by Stinson, Seconded by Harding
ICM Hogencamp stated this topic was talked about at the recent Town Hall Meeting. There were
questions and concerns about what parking and pedestrian safety issues the Committee would tackle
first. The length of the term for the Committee was also discussed.
Commissioner Stinson wanted to know if Commissioner Waters would explain why she wanted to
amend Resolution No. 17-08.
Commissioner Waters replied that she received this suggestion :from a citizen after the Town Hall
Meeting. Their thinking was that the City Manager has heard about parking issues :from a great number
of citizens :from all the individual communities that make up Atlantic Beach.
Regarding the six month te1m for this Committee, Commissioner Stinson stated there is the possibility
more time would be needed as they get to work on the issues. He said he agrees with the membership
and staff suppmi as written for this Committee. Commissioner Stinson also said that the Commission
member could be reappointed every year, if needed.
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Commissioner Hill agreed that the Commission member should be rotated. He stated he was in favor of
allowing a non-resident to serve on the Committee to provide infmmation only, one with experience
handling these issues in other communities. Commissioner Hill said he would recommend Scott Shine,
who has expressed interest in this matter. He said Mr. Shine would be there for infmmation only, in an
advisory, non-voting position.
Commissioner Waters agreed that a non-resident on the Committee, having experience and a
background in the process, could serve our City in an advisory and informational capacity.
Commissioner Harding spoke about the importance of looking at all parking issues in the City and
establishing priorities to address the most troublesome areas and those areas that incur the most
violations. He said having representation from our Town Center is important because it has already been
identified as challenging. If a non-resident is considered they should have a vested interest in our City
and would serve in an advisory capacity only.
Mayor Reeves said that our City Manager already liaisons with our Town Center members at their
scheduled meetings. Mayor Reeves stated that he did not agree with a non-resident member on the
Committee at this time. Parking is the number one issue, as expressed by our citizens, and Mayor
Reeves stated it (Committee) should be guided by our citizens. The Committee could invite Scott Shine
to attend and share his expertise at their meetings. Mayor Reeves suggested that the eleventh member
could be the position of the Mayor Pro Tern, which changes every year.
Discussion continued about rotation of the Commission member on the Committee, and noting that the
citizenry is represented by highly educated and motivated people who understand the City issues. It was
noted that the meetings are open and non-residents are welcome to attend and speak at all public
meetings. Concern was expressed about the potential for legal battles in the process.
There was discussion about balancing the needs of businesses and residents in Atlantic Beach,
Committee decisions affecting businesses, and the benefit of a non-resident business owner on the
Committee.
Mayor Reeves stated he wanted to give up the Chair in order to offer a motion and requested that Mayor
Pro Tern Stinson take the Chair. Mayor Reeves relinquished Chair to Mayor Pro Tern Stinson.
Mayor Reeves talked about the Town Center (TC) parking issues, saying that he and ICM Hogencamp
have spent many hours meeting with the TC parking committee. He fmiher stated that they (TC) are
fully involved with every decision made and the City staff does a great job.
Mayor Reeves stated that as the Chair he cannot make motions and this was his reason for giving up the
Chair. He wanted to make an addendum to the Resolution.
Amended Motion: To change the language in the title of the Resolution to replace "Parking
Advisory Resource Committee" with "Parking I Pedestrian Safety Advisory Resource Committee;
and to change the language in Section 3 to replace "an elected official" with "Mayor Pro Tern" .
Moved by Reeves, Seconded by Harding
Discussion ensued about the Committee handling both issues -looking at parking issues and pedestrian
safety together, not separately. It was noted that you cannot address parking issues without addressing
safety issues.
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City Attorney Durden made the following recommendations:
• Insert words "and pedestrian safety" after "parking issues" in the second WHEREAS
clause.
• Insert words "AND PEDESTRIAN SAFETY' between "PARKING" and
"ADVISORY" in Section 1.
• Inse1i words "and Pedestrian Safety" between "Parking" and "Advisory" in Section 2,
line 1; inse1i "and pedestrian safety" between "system" and "which" in Section 2, line
4.
• Insert words "and Pedestrian Safety" between "Parking" and "Advisory" in Section 5.
• Insert words "and Pedestrian Safety" between "Parking" and "Advosory" in Section
6.
Mayor Reeves stated, as the one who made the motion, he accepts the City Attorney's recommendations
to the language added to his motion.
After a brief discussion there was a consensus by the Commission to accept the City Attorney's
recommendations.
Motion: Call the question
Moved by Reeves, Seconded by Harding
Roll Call Votes:
Aye: 5 Hill, Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED (to call the question)
Amended Motion
Roll Call Votes:
Aye: 5 Waters, Harding, Hill, Reeves, Stinson
Nay: 0
AMENDED MOTION CARRIED
Motion: Adopt Resolution No. 17-08 as amended
• To change the language in the title of the Resolution to replace "Parking Advisory
Resource Committee" with "Parking I Pedestrian Safety Advisory Resource
Committee".
• To change the language in Section 3 to replace "an elected official" with "Mayor Pro
Tern".
• Inse1i words "and pedestrian safety" after "parking issues" in the second WHEREAS
clause.
• Insert words "AND PEDESTRIAN SAFETY' between "PARKING" and
"ADVISORY" in Section 1.
• Insert words "and Pedestrian Safety" between "Parking" and "Advisory" in Section 2,
line 1; insert "and pedestrian safety" between "system" and "which" in Section 2, line
4.
• Insert words "and Pedestrian Safety" between "Parking" and "Advisory" in Section 5.
• Insert words "and Pedestrian Safety" between "Parking" and "Advosory" in Section
6.
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Roll Call Votes:
Aye: 5 Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED AS AMENDED
Mayor Reeves resumed the Chair after the vote.
Mayor Reeves called for a recess at 8:22 PM and reconvened the meeting at 8:28 PM.
7. Action on Ordinances
A. ORDINANCE NO. 20-17-145, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2016 AND ENDING SEPTEMBER 30, 2017, AND PROVIDING AN EFFECTIVE
DATE.
Finance Director Russell Caffey explained the reasons why the Ordinance was amended since the first
reading.
Mayor Reeves opened the Public Hearing; no one came forward to speak on this item. The Mayor closed
the Public Hearing.
Motion: Approve Ordinance No. 20-17-145 as read, on final reading.
Moved by Stinson, Seconded by Waters
Roll Call Votes:
Aye: 5 Hill, Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 5-17-64, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
CHAPTER 23 OF THE ATLANTIC BEACH CODE OF ORDINANCES; CREATING
AN ENVIRONMENTAL STEWARDSHIP COMMITTEE; PROVIDING FOR
INTENT, PURPOSE, MEMBERSHIP AND SCOPE OF ACTIVITES OF SAID
COMMITTEE; CREATING A TREE SUBCOMMITTEE, PROVIDING FOR
MEMBERSHIP AND PURPOSE; PROVIDING FOR A TREE PERMIT REVIEW AND
APPEAL PROCESS; PROVIDING FOR SIX MONTH REVIEW, CONFLICT,
SEVERABILITY AND AN EFFECTIVE DATE.
ICM Hogencamp stated this Ordinance was approved on its first reading at the last meeting. Staff
recommends approval of Ordinance No. 5-17-64 on final reading.
Mayor Reeves opened the Public Hearing.
Judith Leroux addressed the Commission as the Chair of the Committee. Ms. Leroux stated this is not
just a tree ordinance. She stated this ordinance will provide long-term protection of the environment.
Ms. Leroux spoke about the Chair calling meetings and the clarification of business owners meaning
business propetiy owners. She spoke about the appeal process of a final decision by the Community
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Development Board (CDB) going before the City Commission. Ms. Leroux said this process IS
respectful of the homeowner, the developer, and the community for the protection of the trees.
No one else came forward to speak on this item. Mayor Reeves closed the Public Hearing.
Motion: Approve Ordinance No. 5-17-64 as read, on final reading, with an amendment that the
Chair has the power to call meetings with a majority of the members in agreement as to date and
time.
Moved by Waters, Seconded by Harding
City Attorney Durden advised the Commission there were three items in the Ordinance she wanted to
address.
City Attorney Durden explained the following:
• On page 5, (d) Organization, (1), there is one blank to be filled in for the committee
meeting. The City Clerk has confirmed that any Wednesday of a month is available and
the Commission can make that selection. If the Commission chooses not to select the
time there is the option to direct that they meet monthly, at a time to be set by the
Committee (ESC).
• On page 5, (d) Organization (5) there is one blank to be filled in about the tree
subcommittee. The City Attorney said that this blank needs to be filled in with the letter
"(f)".
• On page 6 there is a typo to conect. On the sixth line, the first word "subcommittee"
should be deleted and replaced with "Environmental Stewardship Committee".
Amended Motion: To add the City Attorney's amendments to the original motion; and to meet on
the second Wednesday of each month.
Moved by Waters, Seconded by Harding
Discussion ensued. Commissioner Stinson talked about the change from two ordinances to one
ordinance, consideration of an alternate on the committee, and concerns expressed by some of the
citizens about a quorum.
Commissioner Stinson had a question about the insertion of the Community Development Board into the
appeals process, and asked the City Attorney if there is a Florida Statute applicable to this process?
City Attorney Durden responded that there are no statutes, nothing in Chapter 163, that requires the
Community Development Board (local planning agency), to make a decision regarding a tree permit, or
to hear an appeal regarding a tree permit. City Attorney Durden stated that in Chapter 14 of the City
Code, sub paragraph (7), it addresses the powers and duties of the Community Development Board
(CDB) to promote public interest in and understanding of the planning, zoning, and beautification of the
City. There is basis for going to the CDB in the appeal process but it is not mandatory. It (appeal) can go
straight to the Commission.
Commissioner Hill stepped out of the Chambers at 8:45PM and returned 8:46PM.
Commissioner Stinson spoke about the appeal process including additional steps and that the Committee
is in favor of the process. He said he is in agreement to keep this moving forward.
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Commissioner Harding stated he has heard citizens express concems about the appeal process because
the CDB only meets once per month. The intent to slow down the process is to get it right and will
trump any inconvenience.
Commissioner Hill stated he thinks the appeal process should just be the Commission's decision. Also
he said that the $500 filing fee is too costly and could create an economic burden. He suggested it should
be a lesser amount. Commissioner Hill asked the City Attomey for clarification in the language about
deed restrictions.
City Attomey Durden responded that the mention of deed restrictions is only in one section of the
Ordinance, on page 3, (2) d. This only addresses parks, which is public land, that pertains to restrictions
and conservation easements.
Commissioner Hill spoke about the importance of the Committee being able to call special meetings, not
just the Chairman.
Commissioner Waters thanked the committee, saying it was a very productive process and they achieved
a solution to a problem.
Commissioner Waters agreed with Commissioner Hill's statement for the Committee being able to call
special meetings, not just the Chairman. Ms. Waters stated she felt the $500 filing fee is too much, and
may meet resistance down the road.
Judith Leroux addressed the Commission and spoke about the importance of having regular scheduled
meetings, the Chair calling meetings, and the appeal process.
Mayor Reeves had a question about the $500 filing fee for the appeal. He asked the City Attomey if that
was refundable?
City Attorney Durden responded that it was not refundable.
Mayor Reeves inquired about the CDB $50 filing fee for appeal. He asked City Planner Derek Reeves if
that was refundable?
City Planner Reeves responded that it was not refundable.
Mayor Reeves had a question about the time allowed to appeal. He asked Judith Leroux how the number
of 15 days was determined?
Ms. Leroux responded they were trying to be middle-of-road to keep the appeal process movmg
forward.
Mayor Reeves stated that he is comfmiable with the Community Development Board involvement in the
process. He said by having the appeal process come before the Commission, this saves people from
having to appeal a decision through the Circuit Comi.
Mayor Reeves agreed that $500 is a lot, and that maybe it should be less. He stated that perhaps the
amount of $500 infers the seriousness of the appeal process.
Discussion continued about the $500 filing fee for an appeal being excessive and outside the economic
scale of the community. It was noted that the purpose of filing fees are to offset expenses that the City
10
Agenda Item 1A
August 28, 2017
July 24, 2017 REGULAR COMMISSION MEETING
and the staff incur in an appeal process.
Commissioner Stinson had a question about removing the references to the Community Development
Board (CDB) from the process. Mr. Stinson asked if that would be a substantial change and require
starting this whole process over to change the appeal process?
City Attorney Durden responded it would not be a substantial change [to remove the CDB appeal
process] that would cause stmiing over.
Commissioner Stinson had a question for Ms. Leroux. Would the committee prefer the CDB removal
from the process?
Ms. Leroux responded no to Commissioner Stinson.
There was continued discussion about the $500 fee, noting that it is not the most expensive in the City.
This appeal process and the fee is not unwananted.
City Attorney Durden made a point of clarification for the Commission. Regarding an appeal to CDB,
there is no fee. In this Ordinance, when there is an appeal of the CDB decision, that appeal is made to
the Commission and that requires the $500 fee.
Mayor Reeves stated a motion would be required in order to change the amount of the $500 filing fee.
He spoke about the importance of setting monthly meeting days/dates for committees to meet so that we
don't create conflict with other set meetings. If a special meeting has to be scheduled, the same
consideration is made to avoid a scheduling conflict with other meetings.
Motion: Modify the $500 fee to be lowered to $175, to appeal a CDB decision to the City
Commission.
Moved by Hill, there was no Second
MOTION FAILED
A lengthy discussion continued about the meeting dates, and the Chair having authority to call Special
meetings.
Commissioner Stinson requested clarification for the motion on the floor, addressing (d) Organization
(1) to approve meeting on the second Wednesday of each month, and also stating in the motion that the
Chair has the power to call meetings with a majority of the members agreement as to date and time.
His question is if Commissioner Waters' intent was to amend (d) Organization (2) with the language
'the Chair has the power to call meetings with a majority of the members agreement as to date and
time'?
Commissioner Waters responded that the language in question by Commissioner Stinson is to be part of
(d) Organization (1 ), where the second sentence is addressing Special meetings.
Commissioner Stinson requested clarification on how a Special meeting could be called by the Chair.
City Attorney Durden explained that the Committee/Chair would coordinate with Staff about scheduling
a date/time for a Special meeting. Staff, not the Chair, would then communicate with the Commission
about confitming a date/time and a quorum in order to schedule a Special meeting.
11
Agenda Item 1A
August 28, 2017
July 24, 2017 REGULAR COMMISSION MEETING
There was continued discussion about the motion to give the Chair the authority to call Special
meetings, resulting in questioning if that is the precedence that the Commission wants to set.
Commissioner Waters clarified that her motion set the day for the regular committee meetings -the
second Wednesday of each month. Regarding Special meetings, Ms. Waters explained that the
Ordinance already states that the Chair can call Special meetings with at least 48 hours notice. She said
her motion only added the language "with a majority of the members in agreement as to date and time";
nothing about giving the Chair the authority.
Judith Leroux spoke about having trust and faith in the process and in the people appointed to move this
forward.
Commissioner Hill questioned if there is a process to appeal due to economic hardship for any other
City appeal procedure? If not, could one be drafted for every City appeal process?
City Attorney Durden responded no, there is not a current appeal process. She suggested that the
Commission could add language to this Ordinance, on page 8, e., where it addresses the $500 filing fee,
by adding a comma after the word fee and state (after comma) when the Commission makes a
decision on the appeal it can also make a decision to refund some or all of the filing fee.
Motion: Call the question.
Moved by Stinson, Seconded by Waters
Roll Call Votes:
Aye: 4 Stinson, Waters, Harding, Reeves
Nay: 1 Hill
MOTION CARRIED with a 4 to 1 vote (to call the question)
The City Attorney clarified the amended motion for the Commission as follows:
The first item in the motion is for page 5, (d) Organization (1), there is a blank to be filled in, for the
committee meeting to be held on the "2nd Wednesday of each month".
The second item in the motion is for page 5, (d) Organization (5), there is a blank to be filled, with
letter "(f)".
The third item in the motion is for page 6, on the 6th line down, the word "subcommittee" is changed
to "Environmental Stewardship Committee".
City Attorney Durden stated, regarding Special meetings, Commissioner Waters included the language
in her original motion, which is before the Commission, that states "Special meetings may be called by
the Chair, provided at least 48 hours notice is provided, and that a majority of the members must
agree to the time and date".
Roll call Votes: (on motion as amended)
Aye: 5 Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED AS AMENDED
6. Action on Resolution (deferred from earlier in meeting)
A. RESOLUTION NO. 17-07
12
Agenda Item 1A
August 28, 2017
July 24, 2017 REGULAR COMMISSION MEETING
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUNSETTING
AND DISSOLVING THE BEAUTIFICATION AND NATURAL RESOURCE
PRESERVATION ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE
DATE.
ICM Hogencamp stated this Resolution is connected to Ordinance No. 5-17-64 that was approved.
Motion: To adopt Resolution No. 17-07 as read
Moved by Stinson, Seconded by Waters
Roll call Votes:
Aye: 5 Hill, Stinson, Waters, Harding, Reeves
Nay: 0
MOTION CARRIED
Motion: Suspend the rules to discuss the City Manager contract
Moved by Stinson, Seconded by Hill
Roll call Votes:
Aye: 4 Stinson, Harding, Hill, Reeves
Nay: 1 Waters
MOTION CARRIED
Commissioner Stinson stated that the Commission needs to discuss the contract so that ICM Hogencamp
and HR Director Beny can provide it to the three candidates before their final interview.
HR Director Berry addressed the Commission, stating that she is not prepared to present a contract now
as she was not aware that she was going to be back on the agenda. Ms. Beny stated she will answer
questions as best as she can.
It was noted that the Commission did not provide direction to Staff about retuming to this meeting.
Earlier in the meeting the HR Director Berry requested direction for a compensation package.
A lengthy discussion ensued about the possibility of providing the Commission with a general sample
contract along with a general sample compensation package for their review.
HR Director Beny stated that she will do this and can use an ICMA draft contract along with a draft
compensation package that has been standard with the City of Atlantic Beach. Ms. Berry stated that she
will email these drafts to the Commission tomonow. Ms. Berry stated that the City Manager job
description provided a salary range.
Discussion continued about compensation and benefits falling within budgetary guides, salary based on
experience, and the probability of scheduling another meeting before the final interviews.
HR Director Berry said she will email the Commission tomorrow with a draft of the contract including
a compensation package. Ms. Beny suggested that each Commissioner could respond back to her, by
phone, by email or by meeting with her.
8. Miscellaneous Business (Discussion only)
A. Request for a waiver as permitted by Section 24-46( d) to waive the prohibition on
exemptions from a tree pe1mit for heritage trees as required by Section 23-22 to allow the
13
Agenda Item 1A
August 28, 2017
July 24, 2017 REGULAR COMMISSION MEETING
removal of a 30 inch Live Oak heritage tree without a permit at Atlantic Beach
Subdivision A, west 35 feet lot 42, east 15 feet lot 44, block 10 (aka 391 8th Street).
Planner Derek Reeves displayed photos and explained this is a request for a waiver to allow removal of
a 30 inch Live Oak heritage tree without a permit and without mitigation. Planner Reeves stated there
are two arborists repmis (the applicant's and the City's) that recommend removal, confirming the tree is
a safety hazard and is in decline.
Planner Reeves stated there are conflicting views made by both arborists, but they agree on removal of
the tree. One view is that lightening caused the damage and decline, the other view is that construction
caused the damage and decline.
There was a lengthy discussion about the reason for the waiver, exemption from tree mitigation, the
aging tree canopy and probability of safety hazards, permit exemptions, and heritage tree status.
Commissioner Waters talked about the impmiance to replant and continue the canopy growth of the
trees. She questioned if the applicant was willing to or planning to mitigate after the tree was removed.
The applicant, John Finotti, 391 gth St., took the floor to address the Commission, stating that this was
the first tree to be declared a heritage tree. The tree was struck by lightning in the last couple years,
causing the death of the tree, and it needs to come down. Mr. Finotti said because this is a heritage tree,
it requires a waiver for a permit to cut the dead tree down. He said if it were just a regular tree in the
same condition he could just get the pe1mit to cut it down. Mr. Finotti stated there is not enough room to
replant a 30 inch tree.
Commissioner Stinson talked about the two arborists' reports recommending tree removal and that it is a
safety hazard. With an aging tree canopy in our City there is the potential that many residents will be
facing this same problem. Commissioner Stinson inquired if the City's Tree Mitigation Fund could
assist with the replanting of trees -we shouldn't penalize residents. Commissioner Stinson stated this
definitely needs to move forward.
Commissioner Hill stated that by not requiring mitigation it nullifies the heritage tree program and
protecting the canopy. Mitigation is important and he would like to see some effmis made there.
Commissioner Hill stated this needs to move forward.
Commissioner Harding talked about the arborists' information and that it confirms the necessary action.
He agrees some mitigation is necessary and would like to see a good faith effmi by applicant.
Commissioner Hill questioned if this is a concern for public safety and liability for the City?
City Attorney Durden stated that the application was submitted this week, the City responded to the
applicant in normal procedure, so there is no negligence by City.
Commissioner Hill asked if the mitigation conversation can take place after the tree has been safely
removed?
City Attorney Durden stated the City could bifurcate the process in light of the fact there is a public
safety issue and the Commission could make the decision tonight to allow cutting this tree down. The
waiver is for the permit and mitigation required to compensate for the tree being removed.
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Agenda Item 1A
August 28, 2017
July 24, 2017 REGULAR COMMISSION MEETING
Discussion continued about the replacement of trees not penalizing a homeowner, conservation goals,
and the ability to plant trees on adjoining prope1iy per the code.
Motion: Suspend the rules to allow bifurcation of tree issue
Moved by Harding, Seconded by Stinson
Roll Call Vote:
Aye: 5 Waters, Harding, Hill, Stinson, Reeves
Nay: 0
MOTION CARRIED
Motion: Bifurcate tree issue in order to allow the applicant to have the tree removed due to
emergency circumstances and in the interest of public safety; move the waiver request for further
discussion and action to the August 14, 2017 Commission meeting.
Moved by Harding, Seconded by Stinson
Roll Call Vote:
Aye: 5 Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
B. Draft Ordinance to Extend Automobile Service Station Temporary Moratorium.
City Attorney Brenna Durden reviewed that the Commission adopted the moratorium last summer; it
expires on Aug 22, 2017. This Draft Ordinance is before the Commission for discussion to consider an
extension of the moratorium for a six ( 6) month period. City Attorney Durden stated that she 1s
requesting direction to bring forward on August 14, 2017 and August 28, 2017 for Pubic Hearings.
Commissioner Stinson stated, if approved, he would like to see a timeline presented at the Public
Hearings.
Commissioner Waters proposed that an extension not exceed more than three (3) months and she would
also like to see a timeline.
City Attorney Durden stated that three months is not an adequate amount of time due to the number of
changes to the pending ordinance. Upon receiving direction tonight, City Attorney Durden stated that
she will have a new advertised ordinance back before the Commission at the August 14, 2017 meeting
for a Public Hearing.
Commissioner Waters stated she prefened the extension not be a year. Also she stated concerns have
been expressed by citizens, and if possible, Commissioner Waters requested that the draft ordinance
include disallowing a car wash adjacent to a neighborhood.
Mayor Reeves inquired why an extension was needed if nothing has been done during the past year?
Commissioner Stinson stated if the moratorium extension is approved, then the Commission can request
that ICM Hogencamp provide a timeline needed to have the language rewritten.
City Attorney Durden clarified that the timeline is up to staff to detennine, based on their workload.
There will likely be a workshop with several related topics for the Commissioners' input, such as car
15
Agenda Item 1A
August 28, 2017
July 24, 2017 REGULAR COMMISSION MEETING
washes. City Attorney Durden explained that was why she stated that six months was a reasonable
amount of time.
Discussion ensued about steps involved to move this process forward. This will go before the
Community Development Board prior to coming before the Commission, and will require extensive
noticing. City Planner Reeves stated that three months is not enough time.
Consensus to move item forward.
9. City Manager Reports
A. City Manager's Report
Interim City Manager Kevin Hogencamp explained his staff report.
1.) Staff is working on dune protection, from education to enforcement. ICM
Hogencamp clarified there are no intentions to suggest or propose oceanfront
property owners will be allowed direct access to beach.
2.) Several residents are requesting adoption of an anti-teathering ordinance for
dogs.
3.) Staff meeting scheduled to address the feral cats issues.
4.) Community discussion about the 5-way intersection and viability of a round-about
for traffic flow.
5.) Regarding Safe Routes to Schools, public infmmation meetings were delayed due
to leadership transitions in City Hall and also Public Works. The process is
moving forward now.
B. 90-Day Calendar (July through September 2017)
Consensus to approve 90-Day Calendar.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Stinson
• Thanked Commission and Staff for being able to participate m budget workshop
remotely.
• Congratulated Staff on the successful Blood Drive.
Commissioner Waters
• Spoke about Commissioner Hill's motion to lower the appeal fee and commented the
amount was too low.
• Encouraged Commissioner Hill to pursue his suggestion for a hardship waiver process.
• Regarding the request for the waiver of a tree permit, input from the ESC and Tree
Subcommittee would be welcomed on this topic.
• Spoke about the Safe Routes to School project and stated residents along with their kids
feel having a walking and bicycling path is best for the City.
Commissioner Harding
• Spoke about Commissioner Hill's motion to lower the appeal fee, stating he also thought
the amount was too low.
• Stated he was in favor of a hardship waiver process and said it could be a viable tool to
pursue.
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Agenda Item 1A
August 28, 2017
July 24, 2017 REGULAR COMMISSION MEETING
• Looking forward to Safe Routes presentation.
• Hoped the Atlantic Beach Athletic Association receives the maximum amount of suppmi
for their team.
Mayor Reeves
• Spoke about the Meet and Greet on August 3rd for the City Manager candidates and asked
the City Attorney if this will be advertised as a public meeting? City Attorney Durden
responded that she will confer with the City Manager and stated there is enough time to
notice this event.
• Reminded the Commission that in order to change the rules for a hardship waiver it must
be on agenda to discuss and/or take action.
Adjournment:
There being no fmiher discussion, Mayor Reeves declared the meeting adjourned at 10:56 PM.
ATTEST:
Donna L. Bartle, CMC
City Clerk
DLB/njp
Mitchell E. Reeves
Mayor/Presiding Officer
17
Agenda Item 1A
August 28, 2017
CITY OF ATLANTIC BEACH
CITY COMMISSION
August 14,2017
STAFF REPORT
AGENDA ITEM: Application and Guidelines for Contributions to Outside Organizations
SUBMITTED BY: Timmy Johnson
DATE: July 26, 2017
SUMMARY:
In accordance with City Code Section 2-2. Charitable Contributions Prohibited, requests for
contributions to such programs, events or projects shall be submitted to the Cultural Arts and
Recreation Advisory Committee. The Committee will make recommendations on any such
requests to the City Commission, for final approval.
At its meeting on July 11, 2017, the Cultural A1is and Recreation Committee discussed and
approved an Application and Guidelines for Contributions to Outside Organizations process. This
process includes a tight timeline, contribution guidelines including a scoring criteria, and an
application form for the Organizations to complete and submit to the Recreation Department,
which will be reviewed by the Committee for recommendation to the City Commission.
The Committee unanimously voted to recommend that the City Commission adopt this package
as the process by which funds are contributed to outside organizations.
RECOMMENDATION:
Approve the Application and Guidelines for Contributions to Outside Organizations.
BUDGET:
ATTACHMENTS:
None
I. Application Form
2. Guidelines
Agenda Item 3A
August 28, 2017
APPLICATION GUIDELINES FOR FY 2017 -2018 CONTRIBUTION AWARDS
Funding Availability: The City Commission has allocated funding for FY 2017-2018 to support
artistic, recreational, or cultural programs, events or projects which benefit the residents of
Atlantic Beach . Applications for contributions are invited from eligible non-profit, 501 (c)(3)
community organizations, schools or districts providing extra-curricular/extramural programs to
fund one-time arts, cultural and recreation programs, activities or events that serve Atlantic
Beach residents.
Only one (1) Contribution application may be submitted per eligible non-profit, 501(c) (3)
community service organization, with award request of $100-$5,000 per applicant. Final
Contribution Award amount may be allocated as determined by the Cultural Arts and Recreation
Advisory Committee.
Please note relevant code pertaining to contributions:
Sec. 2-2. Charitable contributions prohibited.
The City shall not contribute City funds to any charitable, non-profit, or other worthy cause. However, the City
may contribute City funds or other support to aJtistic, recreational, or cultural programs, events or projects which
benefit the residents of Atlantic Beach, as follows:
(I) Requests for contributions to such programs, events or projects shall be submitted to the Cultural Arts and
Recreational Advisory Committee.
(2) The Cultural Arts and Recreational Advisory Committee will make recommendations on any such requests to
the City Commission, who will then make the final decision on funding the request.
(3) Any request for contributions which are not aJtistic, recreational, or cultural in nature shall be submitted
directly to the City Commission for consideration.
(Ord. No. 95-91-50, §I, 10-28-91; Ord. No. 05-02-37, § 1, 7-8-02)
Editor's note-Ord. No. 95-91-50,_§_1, adopted Oct. 28, 1991, amended the Code by adding__§_j.:2.(b ). For purposes of
classification,__§_j.:2.(b) has been codified as~ at the discretion of the editor.
Agenda Item 3A
August 28, 2017
REQUIRED APPLICATION DOCUMENTS
Documents Required for Submittal: All applicants must complete the attached application
form and provide the following documents:
D Completed Application Form
D Summary of organization's current budget
D Program budget
D Proof of current Non-Profit 501(c)(3) certification form issued by the State of Florida
D List of Current Organization's Board of Directors
D Most current IRS W-9 Form
ELIGIBLE NON-PROFIT ORGANIZATIONS ONLY
Non-profit organizations which have officially filed as a non-profit with the State of Florida must
attach a copy of its current year 501 (c) (3) non -profit certification form. For organizations filed
with the State, the Cultural Arts and Recreation Advisory Committee, at its discretion, may
consider their application.
APPLICATION SUBMITTAL AND DEADLINE: 5:00p.m., September 29, 2017
Applications must be postmarked by deadline time and date 5:00 p.m. September 29,
2017. No Exceptions.
Ma i l applications to: City of Atlantic Beach
Recreation & Special Events
Contribution Application
716 Ocean Boulevard
Atlantic Beach, FL 32233
For more information contact: City of Atlantic Beach Recreation Office:
Email (preferred method of contact) ~ohnson@coab .us
or call (904) 247-5828 .
2
Agenda Item 3A
August 28, 2017
DISQUALIFICATION CRITERIA AT TIME OF SUBMITTAL
Any application received that are postmarked after the deadline time and date are immediately
disqualified from funding consideration . No exceptions .
~ POSTMARKS AFTER DEADLINE DATE ARE NOT ACCEPTED.
~ E -MAILED APPLICATIONS ARE NOT ACCEPTED .
QUALIFYING CRITERIA
Applications are limited to non-governmental , non -profit organizations serving the Atlantic
Beach commun ity . Excluded entities include the following: municipal organizations , state or
local government organizations and private individuals. Schools or districts applying for funding
for extra-curricular or extramural activities/programs/services, after-school programs , or
authorized student activity organizations are elig ible.
I PROPOSAL GUIDELINES
Appl ications will be judged and selected for funding consideration by the Cultural Arts and
Recreation Advisory Committee on a number of criteria. Please ensure that proposals describe
how those criteria will be addressed:
1. Serves Atlantic Beach residents. Proposal describes how many residents of Atlantic
Beach are expected to participate , and describes target audience (e .g. children, teens,
families , older adults). The event or program is open to all residents of Atlantic Beach.
2. Cultural, Arts and Recreation: Program , event or activities are cultural arts and
recreation in nature (or suppo rt access to participation in cultural, arts, recreation
programs or events).
3. Community need: The proposal addresses an existing need in the community (for
example there is currently a need to increase opportuni t ies for cultural , arts and
recreation programs or activities for teens and young adults).
4 . Marketing: Effective promotion or marketing of the program or event is planned.
5. Affordability: The event or program is free or made affordable to residents of Atlantic
Beach. Proposal describes planned steps to ensure that participants are not denied the
opportunity to participate due to their inability to pay the registration or other related fees .
6. Program Costs: Fair and justifiable program costs (Budget required).
7. Adequately resourced : The proposal includes evidence of supplemental fund ing , such
as leveraging matching funds , collaboration, volunteers or other resources .
8. Originality and creativity. Applications of projects or programs that are new and
unique to the community or wh ich provide a new or unique twist on an existing program
are strongly encouraged.
3
Agenda Item 3A
August 28, 2017
9. Evaluation: There is in evaluation plan that measures participation/impact and will
provide useful/actionable data.
10. Timely: Completion of Special EvenUProgram Activity between: November 1, 2017 and
September 30, 2018.
CONTRIBUTION AWARD EXPENDITURES
Contributions will be funded upon approval of the City Commission and announcement of
recipients . Expenses must be directly related to proposed program or event services, materials
or activities occurring within the award period.
Awardees will be required to maintain financial records to support claimed expenditures and
project accomplishments .
Funds for the proposed special event or program activity must not be used to replace or offset
funding sources normally available for any portion of the special event or program activity, nor
be used by the applicant to fund/supplement its own monetary giving.
Funds may not be used for capital expenses, lobbying or other excluded activities. Funding may
not be used for inherently religious activities.
I FINAL REPORT AND RECEIPTS
The City Staff will review submitted copies of paid receipts/invoices and a written final report to
ensure that funds were spent in compliance with the approval application. Applicant will be
required to reimburse the City of Atlantic Beach for all inappropriately spent funds .
Final Report is due one (1) month following completion of the program or event, and no later
than October 31, 2018 .
I PRIOR FINANCIAL ASSISTANCE
Information provided on application will be used to review prior performance history . Significant
non-compliance issues will be taken into consideration and may affect future funding decisions
jointly made by the City Commission.
NOTE: Eligibility for FY 2017-2018 Contribution Awards may be affected if an organization has
previously received a Contribution Award by the Atlantic Beach City Commission, or has not
fully disclosed that a Contribution Award was not fully expended, or did not complete required
financial or other reporting requirements for a previous Contribution Award. All eligibility criteria
is administered and determined by the Recreation Director, and Cultural Arts and Recreation
Advisory Committee. All decisions made on eligibility by the Atlantic Beach City Commission,
the Recreation Director and the Cultural Arts and Recreation Advisory Committee are deemed
final.
4
Agenda Item 3A
August 28, 2017
CONTRIBUTION AWARD MAXIMUM AWARD AMOUNT
Contribution Awards: Most of the award amounts are expected to be between $100 and
$5,000
*NOTE: The City Commission and/or the Cultural Arts and Recreation Advisory Committee, at
its discretion, may modify the Contribution award to qualified recipients based on merit of
proposal, number of other qualified applications received and other criteria. The Contribution
award may not exceed the maximum amount of available financial resources for the FY 2017-
2018 Annual Atlantic Beach Community Contribution Program as approved under the City 's
Annual Operating Budget.
KEY TIMELINES FOR FY 2017 -2018 PROG RAM PERIOD
August14,2017
August 15, 2017
September 12, 2017
September 29, 2017
October 3, 2017
October 6, 2017
October 10 , 2017
City Commission authorizes solicitation for applications for annual
Contribution Awards for arts, cultural and recreation programs ,
events and activities
Distribute Request for Proposals (RFP) and issue press
notification
(Notice of RFP will also be included in newsletter distributed
September 4-5, 2017)
City Commission approval of total funding amount for 2017-2018
Contributions Program
Deadline for 2017 -2018 Contribution Awards proposals. The
Recreation Director will review each application as they are
received and forward eligible applications to the Cultural Arts and
Recreation Advisory Committee within 3 business days of receipt
The Cultural Arts and Recreation Advisory Committee will meet to
review proposals and determine preliminary scores in order to
develop a short-list of semi-finalists
Notify semi-finalists who will be required to present a brief
summary of their proposal/answer questions to the Cultural Arts
and Recreation Advisory Committee
MANDATORY presentations to the Cultural Arts and
Recreation Advisory Committee are required by all short-list semi-
final ists.
The Recreation Director will calculate final scores based on both
proposal content and presentations.
5
Agenda Item 3A
August 28, 2017
October 23, 2017
October 24, 2017
November 8, 2017
City Commission Approval: City Commission awards
Contributions and appropriates funds at Regular City Commission
Meeting
Applicants notified regarding application outcome
Contribution Awards Disbursed: All FY 2017-2018 Contribution
awards released to award recipients
FINANCIAL AND OUTCOME REPORTING FOR AWARD RECIPIENTS (FY 2017-2018) I
December 1, 2017-
September 30, 2018
January 31, 2018-
October 31, 2018
LETTER NOTIFICATION : Upon completion of the program or
event, all FY 2017-2018 award recipients will be notified to submit
their final reports and copies of receipts.
DEADLINE: All FY 2017-2018 award recipients must submit
copies of paid receipts/invoices and a written report , including
number of citizens served and program or event outcomes within
30 days of completion of the program or event.
If the paid receipts/invoices and written report is not received, the
award recipient will be required to immediately reimburse City of
Atlantic Beach Contribution funds .
Note: All Contribution Award recipients' final reports will be submitted before the Recreation
Director for approval of expenditures . If determination is made that funds were expended
inappropriately , the Recreation Director will direct award recipients to reimburse the City of
Atlantic Beach.
6
Agenda Item 3A
August 28, 2017
I SCORING AND REVIEW CRITERIA AND GUIDANCE
NOTE: Reviewer questions are listed to provide a helpful guide for applicants
Funding amount requested:$ Dates of event/program start-end ---l----
Yes/No Conditions (no further review if any of the Yes/No conditions are not met):
1. Fair and justifiable program costs (Program/Event Budget required)
2. Serves Atlantic Beach residents
3. Program/event pertains to cultural, arts, recreation
4. Program/event activities completed by September 30, 2018
5. Program/event is non-discriminatory
1. Participants (2-3 sentences) maxim urn 25 points
Reviewers will consider the following questions :
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
D What is the estimated number of participants through this program or event?
D What number and percent of the participants will be Atlantic Beach residents?
D Is this an adequate number relative to the amount of funding requested?
D Is the event open to all residents of Atlantic Beach who may want to participate?
D Is the event to occur in Atlantic Beach or to serve primarily Atlantic Beach?
2. Need (1-2 sentences) maximum 25 points
Reviewers will consider the following questions :
D Is there a demonstrated need for the program/event?
D Is the program/event duplicative of other programs/events in the area?
D Is the program/event a response to a need articulated from the community?
D Does the program/event target a population group that is currently underserved? (e.g.
teens, children with special needs, low-income residents, etc.)
3. Description of program/event (3-4 paragraphs) maximum 100 points
Reviewers will consider the following questions :
D Are the goals and objectives described in the proposal specific, realistic, relevant and
measurable?
D Does the proposal clearly articulate , who, what, where , when, how?
D How will the program/event benefit residents of Atlantic Beach (pertaining to cultural arts
and recreation?
D Is there an effective plan for promoting/advertising or marketing the program/event?
D Does the program or event have a demonstrated history of success (in other contexts or
similar cities, or in previous years)?
D Does the applicant organization have a history of successful implementation of similar
programs/events?
D Originality and creativity -is the program or event new and unique to the community or
provide a new or unique twist on an existing program or event?
7
Agenda Item 3A
August 28, 2017
D Is the program/event free or made affordable to residents of Atlantic Beach? If there is a
fee, does the proposal describe steps to ensure that participants are not denied the
opportunity to participate due to their inability to pay the registration or other related
fees?
D Is the event free from inherently religious activities?
D Is this a family oriented and wholesome event that City funding should support?
4. Evaluation (2-3 sentences) maximum 25 points
Reviewers will consider the following questions:
D Is there an adequate evaluation plan for measuring participation , satisfaction, impact and
capturing suggestions for improvement?
D Will data provide actionable information for future planning?
D Will results be useful for dissemination to the community?
D Does evaluation include feedback from participants/audience as well as planners/
organizers and volunteers?
5. Resourcing (1-2 sentences) maximum 10 points
Reviewers will consider the following questions :
D Is there a plan to leverage additional resources (other funding, volunteers, and/or in-kind
donations)?
D Is there collaboration with other organizations that will help to offset resources and
expenditures?
D Is this a for-profit event?
6. Other
To what extent is this a worthwhile expenditure of scarce City funds or resources compared
with other potential programs or events? maximum 15 points
Indemnification
Contribution Award applicants and recipients agree to indemnify and hold harmless the City
from any and all liability, defense costs, including other fees, loss or damage which the City may
suffer as a result of claims , demands, costs or judgment against it, arising from all activities
engaged in by Recipient in its use of the public funds.
Site Visits
Applicants must be available for site visits during the application process and successful
applicants must be available for site visits during program activities or events
Save the Date
It is recommended that all applicants consider holding time on their calendars for a 10 minute
presentation on October 10, 2017 in the event that they should make the short-list of semi-
finalists (applicants may send any member of their staff or team to represent the application at
the presentation).
All decisions are final.
8
Agenda Item 3A
August 28, 2017
6. Date of Event! Program Start date: End Date: ______ _
*Note, the term "program" is used broadly to include a program, event, activities or
services.
7. Participation (maximum 25 points)
i. Estimated number of people who are expected to participate in this program: __ _
ii. Estimated number and percent of who are Atlantic Beach residents:# % __
iii. Location where the program or event will take place: _________ _
iv. Is the program open to all residents of Atlantic Beach? Y/N
v. Is there a fee for participating? Y/N
8. Need Statement (maximum 25 points)
Briefly describe any community needs or gaps that the program is intended to address.
Please note how it was determined that these needs or gaps exist, and state if the
program targets a population or age group that is currently underserved.
9. Description of Program/Event (maximum 100 points)
A.) Describe the goals and objectives of the program and benefits to the residents of
Atlantic Beach (specifically cultural arts and recreation benefits). Include a
description of the program activities and how they will be delivered. Also describe
how the program will be advertised to ensure adequate participation.
Page 2 of 4
Agenda Item 3A
August 28, 2017
B.) Describe the intended outcomes of the program, and why you believe the program
will successfully achieve the intended outcomes (i.e. is the program based on solid
evidence of success?)
1. Does this program have a history of success in similar contexts?
2. Has your organization successfully implemented programs of similar scope
and scale?
C.) If there is a fee or cost to participate, please describe how you will ensure that
participants are not denied the opportunity to participate due to their inability to pay
any registration or other related fees.
10. Evaluation (maximum 25 points)
Briefly describe how you will measure success (important metrics include reach,
outcomes, participant satisfaction, and suggestions for improvement). Describe data
collection methods and who will be surveyed. Please also describe how data will be
used to inform program improvement and how (if) results will be disseminated to the
community.
11. Resourcing (maximum 10 points)
Please describe any plan to leverage additional resources (e.g. other funding,
volunteers, in-kind donations), or if there will be collaboration with others to help offset
expenditures.
Page 3 of 4
Agenda Item 3A
August 28, 2017
12. Total Program Cost:$ _____ _
(Includes all estimated costs to conduct proposed activity/program)
13. Attach to Contribution Application:
D Copy of Organization's Budget Summary
D Copy of Proposed Program Budget
D Copy of current State of Florida Non-Profit Corporation Certification
D List of Current Organization's Board of Directors
D IRS W-9 Request for Taxpayer Identification Number (TIN) and Certification
14. How will the organization acknowledge the City's financial contribution to the
community/beneficiaries of the proposed special event activity?
ACKNOWLEDGMENT OF RESPONSIBILITY:
Authorized Signature assumes all responsibility for developing and implementing
proposed activities or events in this application, including public acknowledgment of
the City's financial contribution. Authorized signature will comply with all
accounting and budget procedures outlined by the City. Authorized signature and
accompanying group will hold harmless the City of Atlantic Beach from all losses,
claims, accidents and problems associated, directly or indirectly, with the
development and implementation of proposed activities or events. Authorized
Signature agrees to present final outcome of event to Cultural Arts Recreation
Advisory Committee within 30 days of the event.
Authorized Signature of Organization Date
Printed Signature
All Information Requested On This Application Must Be Completed As A Condition
For Being Considered For Public Funds By The City Of Atlantic Beach Cultural Arts
And Recreation Advisory Committee And In No Way Guarantees Funding.
Page 4 of 4
Agenda Item 3A
August 28, 2017
CARAC Contribution Awards Program: Timeline
July 6, 2017 Recreation Director sends draft documents to Cultural Arts and
Recreation Advisory Committee for review. Documents include:
1. Application Package with timeline and review criteria
2. Application Form
3. Review guidelines and score sheet
July 6, 2017 Recreation Director sends a Save the Date to City Manager asking
City Manager to set aside time to review documents
July 11, 2017 Cultural Arts and Recreation Advisory Committee meeting to
review, discuss, edit and finalize FY 2017-2018 Contribution
Awards Program documents
July 13, 2017 Contribution Awards Program documents sent to City Manager (or
interim/deputy) and City Attorney for review
July 19, 2017 Review deadline: City Manager and City Attorney must submit
suggested edits, comments or changes to Recreation Director by
this date
July 20, 2017 Recreation Director will incorporate edits and send final documents
to Cultural Arts and Recreation Advisory Committee for final review
July 25, 2017 Final version deadline
August 14, 2017 Approval of documents and process from City Commission
August 15, 2017 Request for Proposals (RFP) -Press notification goes public
without published amount
Sept. 12, 2017 City Commission approval of total funding
Sept. 29, 2017 Deadline for all applications 5 p.m.
October 3, 2017 CARAC meet to review proposals/preliminary scores to develop
short list of semi-finalists
October 6, 2017 Notify semi-finalists to present brief summary of proposal
October 1 0, 2017 Mandatory presentations to CARAC
October 23, 2017 City Commission approval of awards
October 24, 2017 All applicants notified
November 8, 2017 Contribution awards disbursed at City Commission Meeting
Agenda Item 3A
August 28, 2017
AGENDA ITEM:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Russell Park Tennis Court Reconstruction
SUBMITTED BY: Scott Williams, Inte r im Public Works Director @_....--
DATE: August 11, 2017
BACKGROUND: Staff has obtained quotes for the milling and Re surfacing of Tennis Courts 5 & 6, and the
leveling and resurfacing of Courts 3 & 4. This quote is based on costs piggybacking on the City of
Jacksonville Contract CS -0354-15 dated 2015 "Sport Court Maintenance and Construct ion ."
The scope of work will include the following :
Remove the existing fence on tenni s court 5 & 6 on all three sides alon g with the net
post and center anchors. Mill and crush all existing asphalt and grade the area to a
proper slope. Repave the surface with a Type Ill asphal t to a depth of 1.5''. Saw cut all
three edges of the asphalt court in preparation for the installation of a new 10" high
green vi nyl 9 gauge fence with top, middle , and bottom rail throughout the new fencing .
Install two new sets of net posts bases with sleeves and two center anchors. Install two
new tennis nets with center nets with center straps . Restripe lines for two tennis courts
on new surface. On courts 3 & 4 add a leveling course of sand mix to level out the
puddled areas. Resurface with the tennis court coating and strip .
RECOMMENDATION:
Approve the piggy backing on the City of Jacksonville Cont ract: CS-0354 -15 , Sport Court
Maintenance and Construction 2015 (Re -Bid) for Ru ssell Par k Tennis Court
Reconstruction and authorize the City Manager to approve a purchase order for
$101,679 .50 .
ATTACHMENTS: 1. City of Jacksonville Sport Court Maintenance and Construction bid.
BUDGET:
2. Price quote for Courts 5 & 6
3. Price quote for Courts 3 & 4
The current year budget includes $125 ,000 in Parks Maintenance account 131-6020-
572-6300 for Project PM1704-Russell Park Tennis Courts.
REVIEWED BY CITY MANAGER: ---~---'t':d~ ......... ~----r'V"'~------
Agenda Item 4B
August 28, 2017
CS I LETI
Co urr Surfa ce s. In c.
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Cit y of Ja ck sonville
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J nck so nv i lie , FL 3:!102
Renee Hn rri mon,
Court Surface s, In c. reques ts u r e n e w <~! of Conr n.wt #CS -0354 -15 : Sp(lt'tS
Court Moin tena nce & Const ru cti on , dated January 27, ~0 I 5. fo r th e peri od
of I 0/0 1/!6-09/3 0/17. Coo n Surto ces .lnc. requires no nd ju stm ent tO the
Co ntr.Jct Un it Pri ces . We look. forwar d to cont inui ng our wo rk wit h the Cit y
o f Ja c kson vil le. I
Th ank you.
/J r ·) -·
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Larry M. Pitts
Prc ~ld cn t , l.11ur1 Su rf.l cc5 . I n ~
Agenda Item 4B
August 28, 2017
QWS3 2 7 0X 9/8 /2 016
FA ML6 3 50 VS .l
2:22 PM
LINK TO:
F IS CAL MO /YEAR
I NDEX CODE
S UBOBJEC T
P RO JECT
PROJECT DE TA IL
GRA NT
GRANT DET AI L
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01 2017
RPCM011PG
04 9 38
* * N\11 COJ FAMIS PRODUCTION **
ACCO UNT SUMMARY INQUIRY
CURRENCY CO DE
PLAYGROUNDS & CENTERS
MISCELLANEOU S SERVICES & CHARGE S
0 9/0 8 /201 6
2 :19 PM
s OCT 2016 ANNUAL BALANCE ALL YEA RS BA LAN CE
ESTIMATED REV ENUE S
REVENUES
UNREALIZED REVENUES
BUDGET
EXPENDITURES
ENCUMB RANCES
PRE -EN CUMBRANCES
REMAINING BA LANCE
F l-HEL P F2 -SELECT
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.00 .0 0 .0 0
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466,375.77 466,375 .77 4 66,3 7 5 .77
-30 7 .97 -30'7 .97 -3 07 .9 7
99,900.97 9 9 ,900 .9 7 99 ,9 0 0 .97
900 .00 go o·. oo 90 0 .0 0
365,882 .77 365,882 .77 3 6 5 ,8 8 2.77
F4-PRIOR FS -NE XT
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Agenda Item 4B
August 28, 2017
Court Surfaces,
CS-0354-15 Inc. 1-----,.-----1
1/22/2015 $152,615.00 Award
10/29/2015 $152,615.00 1st Renewal Option
Pending $152,615.00 2nd Renewal Option
$457,845.00 Total Award
Agenda Item 4B
August 28, 2017
CSI -Request for Purchase Order
Page Two
Notes :
P.O .
R ussell Par k
6/14 /17
0
Reb u i l d Courts 5 a nd 6 aft er City removes b o l ya rd s at the en t rance t o t ho se c ourt s -remove ex is iti ng fe n ces (on
t hree s ides ) net p o st bases an d ce nt er an cho rs , c ru sh i n p lac e t he existi ng as p h alt the c ourts a re m ade of, c o mpa ct
an d grade the are a t o p rope r slo pe , pa ve w it h 1.5 " as ph alt, saw c ut the ed g es of t he asphalt i n p reparati o n f or t he
i nstallati o n of new 10 ' high gree n v i nyl 9 guage f e nc e w it h t o p, mid an d b otto m rai l t hro ug h o ut, Inst all two new sets
of ne t p o s t s b ases w ith s leeves and t wo cen t er a nc ho rs , i nstall two s et s of ext e rn al w i nd net posts, Install two new
te nnis nets w it h c enter strap s , appl y an ext ra coat of ac ry lic re s urfacer required by the m an u f acturer, standard co lo t
s urface an d p lay i ng lin es f o r two t en n is c o 4rts and t wo sets of p i c kleb all li nes onto t h e tenn is c ourts.
Preconstruction Picture(s)
Construction Picture(s)
Post Construction Picture( s)
Agenda Item 4B
August 28, 2017
CSI -Request for Purchase Order
Page Three
A \PPendix 1 -L # ine 27 Labor Detail
Mise Court Furnishing (Labor, 2 man crew)
Remove t w o s ets of net p ost bases and two an c hor post
and d ispose o f p roperly
Rem ove an d install new 9 guag e gree n vi nyl fenc e w it h
top , m id dle and b ottom rail a nd o ne 6'w ide opening
Inst all two n et post bases w it h sleev es and two a ncho r
posts , two set s o f extern al w ind net pos t s and two
tenn i s nets w it h c ent er st r ap s
Saw c ut t he ed g es of t he asph alt t o st ra igh ed g es for
prope r i nst allat ion of f ence.
A pp ly a n additi ona l c oat of acr y lic r esu rfac er req u ired
fo r new aspha lt by the ma nuf actu re r
Total Mise Court Furnishing (Labor, 2 man crew)
A d. 2 L. #28 F . h. \ppen IX -me urms mgs D 'I eta1
Mise Court Furnishing (Labor, 2 man crew)
Rem ov e two set s of net p o st b ases an d t w o anc ho r post
an d d i s p o s e of prop er ly
Remov e and ins t a ll new 9 g uage g reen vi ny l f e nc e w it h
t o p, midd le a nd b otto m r ail a nd o ne 6'w i de opening
Inst all two net p ost b ases w it h sleeves a nd two anc ho r
p osts, two s ets of externa l wind net p ost s an d two
t e n n is n et s with ce nter straps
Saw c ut t he edges of t he aspha lt to st ra igh edg es for
pro p er inst allat ion of f enc e.
A p p ly a n additio nal coat o f ac r ylic r esu rfa cer re q u i red
f o r new as phalt by t h e manufactu r er
Total Mise Court Furnishing (Labor, 2 man crew)
HR
HR
HR
HR
HR
HR
Each
Each
Each
Each
Each
Each
P.O.
25 $44.00
159 $44 .00
19 $44 .00
14 $44 .00
13 $44.00
$44.00
230 $44.00
375 .00 1.2
10769 1.2
1518 1.2
380 1.2
1008 1.2
1 .2
14050 1.2
Russ ell Park
06/14/17
0
$1 ,100.00
$6 ,996 .00
$836.00
$616.00
$572 .00
$0.00
$10,120.00
$45 0.00
$12,922.80
$1,82 1.60
$45 6.00
$1,20 9 .6 0
$0 .00
$16 ,86 0.00
Agenda Item 4B
August 28, 2017
A d. 3 L. #29 E . 'ppen IX -me :qUipmen t R t I 0 t "I en a e a1
Mise Court Furnishing (L abor , 2 man crew)
Cr ush in p l ace ex ist ing as p ha lt cou rts Each 11 1.3 $100.00 $1 1 ,1 30.0 0
Each $100.00 0 .0 0
Each $100 .00 $0.0 0
Each $100 .00 $0 .0
Total Mise Court Furnishing (_Labor, 2 man crew) · 11 1 .3 $100.00 $1 1 ,130.0 0
Agenda Item 4B
August 28, 2017
CSI -Request for Purchase Order
Page Two
Notes:
COAB -Ru ssell Par k Ten n i s 3 & 4
8/11/17
P.O. 0
Co u r t s #3 an d #4 at Ru ssell Park is a 108' by 120' batte ry . Co u rt has a const ru ction f law in it c onsisting of depressi on
approximat ely 8' w i de by 120' long a n d 2" deep . T his is cau sed b y t he i n p r oper s lo pe in t he courts con structio n .
Ideall y w e w o uld reb u ild t he cou rt f or approxi ma t ely $71,00 0.0 0. In t h is re q uest ; we are ap p ling a pat c h ov er the
sw a led ar ea an d then apply a t ack coat of c ourt pat ch b inder over the re pa ir . Note: B eca u se of s lope i rreg u larities in
the origi na l co u rt s ' c on stru ction , it may n ot be possible t o remove all w ate r pondi ng after a r a i n , but t h is p roced ure
w i ll d ra stic ally im pr o v e t he cu r re nt amount of drying t ime after a r ain. A fiberglass me mbra ne layer w i ll be a pplied
o ve r t he e n t ire ce nter-p lay i ng areas of t h e two co u rts' su rfa ce (t he areas w ith in a nd i n cl uding the white p la yin g lines
only of the abov e c o urts ) and ov er t h e repai re d sw aled area out s ide o f t he p lay i ng l ine s . The membran e layer w il l
con s ist o f 3' w ide se ctio n s of me m b rane wit h a s lig ht over lap that are to b e held in p la ce using acry li c coat ing
materia ls . An ad d itional coat of ac rylic res urfacer w ill be ap plied o v er t h e fiber g lass m em b ra ne. This fib r g lass
mem b rane pro ce dure will so me ti mes slo w o r pr event the retu rn of m i nor s urfa ce cracks, at lea st f o r a fe w y ea rs. Th e
r eason f o r t he r eturn o f a ny cra c k is mo v ement of the court of a s uffic ient am ou nt to either wri nkle o r r ip t h e
m em b r a ne that spans t h e crack . Exception t o w arra nty • A n y of t he cracks i n existing c o urts' s urface ma y return
t hrou g h t h e fi n is hed s u rface at any t ime. Two sets of new net posts w ill be in stalled into existin g s leev es a n d two new
net s w i ll b e insta lled .
Preconstruction Picture( s)
Construction Picture(s)
Post Construction Picture(s)
Agenda Item 4B
August 28, 2017
CSI -Request for Purchase Order
Page Three
A d' 1 L' #27 L b D t 'I ~ppen 1x -me a or e a1
Mise Court Furnishing (Labor, 2 man crew)
ap pli n g a pat c h o ve r the swal ed ar ea an d t he n ap p l y a
t ac k coat of c o urt p atch bi n d er over th e r ep ai r
A fiber g lass m em b r an e l ayer w ill be ap plied ove r th e
ent ire c en t er -playing areas of the t wo c o u rts ' s u rfac e
(the ar eas w it hi n and i n c l udi n g th e w hite play in g l i n es
o n ly of the above cou rts) an d over t he r ep aired swal ed
area o ut s ide of t h e pl ayi n g l ines .
Tw o s ets of new n etposts w i ll be inst all ed i nt o ex ist i n g
s l ee v es an d t w o new n ets w ill b e i nstall ed .
Total Mise Court Furnishing (Labor, 2 man crew)
A \ppendix 2-L # ine 28 Furnishings Detail
Mise Court Furnishing (Labor, 2 man crew)
ap p l i ng a patch o ve r t he s w al ed area and t hen apply a
t ac k c oat of c o u rt p at c h bi n der o ver t he r ep ai r
A fi ber gl as s mem b r a ne lay er w i ll b e a pplied o v er the
enti re c enter-pl ayi n g ar eas of t h e t w o c o u rts ' su rfac e
(the a r eas w it hi n an d includin g t he w h ite p lay ing li n es
on lv of th e ab ov e co u rts) a nd o v er the repaired swa led
Two s ets of ne w n et post s will b e i ns ta lled i nto ex is t i ng
s leeves and t w o new net s w ill be i nst alled .
HR
HR
HR
HR
HR
HR
Each
Each
Each
Each
Each
Each
CO A B -Rus sell Par k Tenn is 3 & 4
08/11/1 7
P.O . 0
64 $44 .00 $2 ,816.00
26 $44.00 $1 ,144.00
0 $44.00 $0.0 0
$44 .00 $0 .0
$44.00 $0.00
$44 .00 $0 .00
90 $44 .00 $3 ,9 60.0 0
374 0 1.2 $4,488 .00
12 60 1.2 $1 ,51 2.00
833 1.2 $99'9 .6 0
1.2 $0.00
1.2 $0.00
1.2 $0 .00
Agenda Item 4B
August 28, 2017
/
!Total Mise Court Furnishing (Labor, 2 man crew) 5833 1.2 $6,9 99.6 0
A d " 3 L" #29 E . \ppen IX -me :qUipmen t R t I D t "I en a e a1
Mise Court Furnishing (Labor, 2 man crew)
Each $100.00 $0 .0 0
Each $100.00 $0 .0
Each $100 .00 $0 .00
Each $100 .00 $0 .0 0
Total Mise Court Furnishing (Labor, 2 man crew) 0 $100.00 $0 .00
Agenda Item 4B
August 28, 2017
CITY OF ATLANTIC BEACH
CITY COMMISSION
AUG. 28, 2017
STAFF REPORT
AGENDA ITEM: Resolution No. 17-09 Establishing Appointments to the Environmental
Stewardship Committee
SUBMITTED BY: Kevin Hogencamp, Deputy City Man~
DATE: Aug. 17, 2017
SUMMARY: At the City Commission's July 24 , 2017 meeting, the attached ordinance
(No. 5-17-64) creating the Environmental Stewardship Committee (ESC)
and Tree Subcommittee was approved on second and final reading. The
mayor and city commissioners have since identified their prospective
appointees to the ESC and delineated which appointees are residents oftheir
district who will be serving three-year terms (vs . four for their at-large
appointees).
Those prospective appointees are:
MAYOR MITCH REEVES (Seat 1):
Linda Chipperfield
Bonnie Hansen (three-year term)
Judith Leroux (three-year term)
COMMISSIONER JOHN STINSON (Seat 2):
Aurelie Drexler (District resident; three-year term)
Alan Ennis
COMMISSIONER BLYTHE WATERS (Seat 3):
Bruce Andrews
Chip Drysdale (District resident; three-year te1m)
COMMISSIONER JIMMY HILL (Seat 4):
Myron Blankenbaker
Don Ford (District resident; three-year term)
COMMISSIONER MITCH HARDING (Seat 5):
Sarah Andrews Dark
Dawn Scott (District resident; three-year te1m)
Agenda Item 6A
August 28, 2017
RECOMMENDATION:
That the City Commission approve Resolution No. 17-09 Appointments to
Environmental Stewardship Committee. (The proposed resolution will be
included in the amended agenda published on Aug. 23, 2017.)
BUDGET: Yet-to-be-determined
ATTACHMENT: Ordinance No. 5-17-64 creating the Environmental Stewardship
Committee and Tree Subcommittee
Agenda Item 6A
August 28, 2017
ORDINANCE NO. 5-17-64
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 23 OF THE ATLANTIC BEACH CODE OF
ORDINANCES; CREATING AN ENVIRONMENTAL STEWARDSHIP
COMMITTEE; PROVIDING FOR INTENT, PURPOSE,
MEMBERSHIP AND SCOPE OF ACTIVITIES OF SAID COMMITTEE;
CREATING A TREE SUBCOMMITTEE, PROVIDING FOR
MEMBERSHIP AND PURPOSE; PROVIDING FOR A TREE PERMIT
REVIEW AND APPEAL PROCESS; PROVIDING FOR SIX MONTH
REVIEW, CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Boards and Committees established by the Mayor and
Commission of the City of Atlantic Beach provide many valuable services to the
community by enlisting citizen volunteers to provide input and due consideration of
issues important to the citizens of our community; and
WHEREAS, the City of Atlantic Beach recognizes both the economic and
intrinsic value of its natural environment and the need to establish a committee to
help protect it; and
WHEREAS, dedicated and knowledgeable members of this committee will be
stewards of our environment, creating a legacy for future generations.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding a new section to be numbered Sec. 23-52, et seq., which
sections shall read as follows:
Sec. 23.52. Environmental Stewardship Committee-Intent.
The maritime forest in Atlantic Beach is core to the City's identity as a small coastal
village. The tree canopy creates beauty, provides a home for wildlife, functions as an
element of the water management system and enhances property values. It is in the
best interest for this committee to be the stewards of the tree canopy through
advocacy, assessment, maintenance, planting and preservation of this natural
resource. The City parks provide open spaces for recreation, exercise, wildlife habitat,
relaxation and encounters with the natural world. This committee intends to support
the community to provide a variety of park spaces that are well maintained,
accessible and secure. This committee shall take the lead and set high community
standards in the beautification and maintenance of public spaces located within the
City. The Atlantic Ocean, the St. Johns River and the Intracoastal Waterway have a
great deal of influence on the micro climate, drainage issues and the diverse
Agenda Item 6A
August 28, 2017
vegetation and wildlife that thrive within the City. The care and health of the coast
and marsh must be paramount in every recommendation made by this committee
about the use of our land, water system and tree canopy.
(a) Environmental Stewardship Committee Purposes.
It shall be the purpose of the Environmental Stewardship Committee:
(1) To study and make recommendations to the City Commission and City
staff with respect to the City's:
a. Maritime forest;
b. Parks and open spaces;
c. Beautification of public and private spaces; and
d. Environmental stewardship.
(2) To act as a motivating and coordinating body to encourage joint public
and private participation in promoting these purposes.
(b) Environmental stewardship committee -Scope of Activities.
The Environmental Stewardship Committee shall provide guidance and support to
the City Commission and City Manager and, upon request by the City Commission or
City Manager, shall provide written recommendations, in the following areas:
(1) Maritime Forest:
a. Clarifying and strengthening the City's processes and all tree and
landscape related city codes and ordinances;
b. Monitoring the appropriate administration and enforcement of the
City's ordinances;
c. Promoting transparency through online access to relevant
information;,
d. Developing and maintaining environmental education and
outreach programs about the maritime forest and relevant codes;
e. Promoting appropriate planting and care of trees on private
property to owners, developers, builders, and tree/landscape
service contractors;
f. Developing and maintaining a long-term tree plan that includes an
assessment of the tree canopy, projecting future needs, and
developing a calendar and budget for tree planting in parks, public
spaces and along streets and right of ways;
g. Promoting tree canopy advocacy including upholding the City's
status as a bona fide "Tree City USA";
h. Developing a process for systematic, review of the City's
enforcement of the existing tree codes, including the long-term
health of trees planted for mitigation; and
Ordinance No. 5-17-64 Page 2 of10
Agenda Item 6A
August 28, 2017
i. Developing and maintaining a process for citizens to communicate
possible violations to the City.
(2) Parks and Open Spaces:
a. Developing and maintaining a long-range plan to protect, improve
and beautify park spaces;
b. Improving access to and amenities for parks including disability
accommodations, bike paths, parking, signage and other user
friendly features;
c. Expanding the City's inventory of parks and conservation land
through acquisition or other means; and
d. Maintaining a web-based, publicly accessible inventory of parks
including their history, archeological value, rules of use, deed
restrictions and conservation easements.
(3) Beautification of Public and Private Spaces:
a. Enhancing public spaces, including public rights of way, roadsides,
City buildings, beach accesses and other publicly held properties
with art, carefully maintained landscape design and plantings;
b. Incentivizing and advocating for beautification of private and
commercial spaces;
c. Reducing the number and appearance of degraded or blighted
properties; and
d. Developing a design theme/community branding for signage, bus
shelters, lighting and other elements of the built environment.
( 4) Environmental Stewardship:
a. Utilizing best practices, including a science based approach, when
making any decision about development and its impact on our
environment;
b. Protecting the beach, dunes, marshlands and wetlands as critical
defenses in hurricane, erosion and flooding conditions;
c. Communicating the dynamics of tidal drainage and floodplain with
the goal of preserving the City's flood management system;
d. Reviewing the City's environmental codes and ensuring
enforcement of rules including, but not limited to, dumping, septic
tanks and commercial pollution; and
e. Reviewing, updating and maintaining the Marsh Master Plan for
adherence to current research about sea level change and wetlands
preservation.
(c) Membership, Terms, Appointments, Geographic Requirements,
Composition.
Ordinance No. 5-17-64 Page 3 of10
Agenda Item 6A
August 28, 2017
(1) Membership. The Environmental Stewardship Committee shall be
composed of eleven members. A majority of the members of the
committee shall constitute a quorum.
(2) Terms. All members shall serve four-year terms, with the exception of
inaugural committee members. Members shall not serve more than two
consecutive terms on the committee. Three-year terms of the inaugural
committee members shall constitute a full term. In the event a vacancy
occurs and three years or more remain in the vacating member's term,
then the remaining time shall constitute a full term.
(3) Appointments. Except for the inaugural committee members,
committee members shall be selected by the Board Member Review
Committee and shall be confirmed by the Commission. The Commission
shall select the inaugural committee members as follows:
MEMBER REPRESENTATION APPOINTED BY
At Large Mayor [3 years)
At Large Mayor ( 4 years)
At Large Mayor (3 years)
District 1308 Resident Seat 2 Commissioner (3 years)
At Large Seat 2 Commissioner ( 4 years)
District 1307 Resident Seat 3 Commissioner (3 years)
At Large Seat 3 Commissioner [ 4 years)
District 1306 Resident Seat 4 Commissioner [3 years)
At Large Seat 4 Commissioner [ 4 years)
District 1312 Resident Seat 5 Commissioner (3 years)
At Large Seat 5 Commissioner ( 4 years)
(4) Geographical Requirements. There shall be at least one member
representing each city district on the committee. Each committee
member must be a full time resident of the City or own real property in
the City. For the purpose of this section, full time residency shall be
defined as the person's principal place of abode. Any member must
immediately notify the City Manager and Chair in writing upon no longer
meeting these membership qualifications.
(5) Composition. To the extent possible, committee members should
demonstrate at least one of the following skills, experience, expertise,
educational background or interests:
a. Knowledge of best practices in environmental management and
sustainability;
b. Land development and building construction;
c. Urban planning and design;
d. Arboriculture and horticulture;
e. Landscape architecture;
f. Environmental policy;
g. Environmental and constitutional law;
Ordinance No. 5-17-64 Page 4 of10
Agenda Item 6A
August 28, 2017
h. Community engagement; and
i. Educational programming.
(d) Organization.
(1) The committee shall meet on the second Wednesday of each month.
Special meetings may be called by the Chair, provided at least 48 hours
notice is provided and that a majority of the members must agree to the
date and time. At its first regularly scheduled meeting each January, the
committee shall elect from among its members a chair, vice chair, and
secretary who shall assume their positions immediately upon election.
(2) The chair shall preside at all meetings of the committee. The vice chair
shall preside if the chair is absent.
(3) The committee shall be staffed at each meeting by a City staff member
appointed by the City Manager to act as the recording clerk. In addition,
the City Manager or his/her designee shall attend all committee
meetings.
( 4) Roberts Rules of Order shall be followed at committee meetings. The
committee may adopt, amend, and rescind procedural rules of the
committee to aid in implementing the provisions of this section. All
reports, studies, and recommendations made by the committee shall be
approved by the committee before the same may be presented to the City
Commission or City Manager on behalf of the committee.
(5) The committee shall establish a tree subcommittee in accordance with
Section (f) below. The committee may establish such other
subcommittees from among its membership as it deems necessary to
perform its activities. Subcommittees shall report on their progress to
the committee at such times as the committee shall require. All
committee and subcommittee meetings shall be open to the public and
are subject to Florida's Government in the Sunshine Laws.
(6) The committee's recording clerk shall keep minutes of the proceedings,
showing the vote of each member upon each question, or, if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately
filed in the office of the City Clerk and shall become a public record.
(e) Removal of members.
A member's position on the committee shall be automatically vacated if that member
has three (3) or more unexcused absences from committee meetings within a one
year period. The vacancy shall be promptly filled.
(f) Establishment of Tree Subcommittee, membership, terms.
(1) There is hereby established a Tree Subcommittee of the Environmental
Stewardship Committee, referred to in this subsection as the
subcommittee. The subcommittee shall systematically review tree
Ordinance No. 5-17-64 Page 5 of10
Agenda Item 6A
August 28, 2017
permits submitted to the City for completeness and to determine
compliance with the provisions of this Chapter 23 as more particularly
described in this subsection. The subcommittee shall consist of three
(3) members and one alternate member. The alternate shall serve in
the case of the absence of any of the 3 members. The members of the
Environmental Stewardship Committee may volunteer to serve on the
subcommittee and shall be appointed to the subcommittee by the
Environmental Stewardship Committee. All of the members of the
subcommittee shall be members of the Environmental Stewardship
Committee. The Environmental Stewardship Committee shall appoint
or remove the members of the subcommittee by a simple majority vote.
Filling vacancies shall take place at the next regular scheduled
meeting of the Environmental Stewardship Committee after a seat on
the subcommittee has become vacated. Members of the subcommittee
may serve for as long as they serve on the Environmental Stewardship
Committee.
(2) Organization of Tree Subcommittee.
a. The Environmental Stewardship Committee shall establish a
regular meeting schedule of the tree subcommittee. Unless
otherwise determined, the subcommittee's meetings shall meet
on the same date as the Environmental Stewardship Committee.
b. The administrator or designee shall attend all meetings of the
subcommittee. A city staff member designated by the City
Manager shall act as clerk for the subcommittee. The clerk shall
be responsible for the clerical administration of the
subcommittee. The clerk shall also be responsible for the
maintenance and preservation of all records of the subcommittee
in coordination with the City Clerk's office.
c. The subcommittee shall utilize the rules of the Environmental
Stewardship Committee. Robert's Rules of Order shall be followed
to conduct meetings. All meetings shall be open to the public. The
subcommittee shall keep minutes of the proceedings, recording
the vote of each member upon each question or if absent or failing
to vote, indicating such facts. It shall keep records of its
examinations and other official actions, all of which shall be
promptly filed with the City Clerk's office and shall become public
record. The subcommittee will operate in compliance with
Florida's Government in the Sunshine Laws.
(g) Systematic Permit Review and Appeal Process.
Notwithstanding any other permit review or appeal processes set forth in the
Atlantic Beach Code of Ordinances, the following permit review and appeal
Ordinance No. 5-17-64 Page 6 of10
Agenda Item 6A
August 28, 2017
procedures shall constitute the exclusive procedures regarding tree permits in the
City of Atlantic Beach.
(1) Initial Review Period.
a. The administrator shall upload all tree permit applications
to the City's website within three (3) business days of being
deemed sufficient in accordance with Section 23-23 of this
Code, and ready for site inspection in accordance with
Section 23-24. The initial site inspection by the
administrator may occur no earlier than the fourth (4th)
business day after the complete permit application has been
uploaded to the City's website.
b. The subcommittee may review any tree permit applications.
c. Each member of the subcommittee may independently
review any tree permit applications that include the removal
of more than 50% of the total inches of the diameter at
breast height (DBH) of regulated trees on any property.
d. Each member of the subcommittee may independently
review any tree permit applications that include the removal
of one or more legacy tree( s) on any property.
e. One member of the subcommittee may accompany the
administrator on the initial site inspection as an observer.
The subcommittee member must make the request to attend
the initial site inspection as an observer within three (3)
business days of the permit being uploaded to the city's
website. The subcommittee member shall not interact with
the property owner or the property owner's agents during
the site inspection and shall stay in the vicinity of the
administrator during the inspection. The subcommittee
member shall be provided 24 hours notice prior to the time
of the site inspection. If multiple requests are made by
subcommittee members to accompany the administrator on
the initial site inspection, the administrator shall select the
first subcommittee member who submits a request in
writing.
(2) Issuance, Review and Appeal Procedures of a Permit.
a. When the administrator's application review process and
inspection have been completed, the administrator shall
distribute a notice of intent to issue tree permit to the
applicant and all members of the subcommittee, including
the alternate member and upload the draft permit to the
City's website. Within five (5) business days after the
distribution of the notice of intent, the applicant, any
member of the subcommittee or any "adversely affected
party" as defined in Section 24-17 may place a hold on the
Ordinance No. 5-17-64 Page 7 of10
Agenda Item 6A
August 28, 2017
permit by providing written notice to the administrator
requesting further review. This notice shall include the
rationale to support the request for further review. If no
notice is filed, the permit shall be effective after the
expiration of the five (5) business day notice period.
b. Should a written notice be timely filed, within five (5)
business days after a notice is filed with the administrator,
the administrator shall place the matter on the agenda, with
proper notice, of the next available regularly scheduled
subcommittee meeting.
c. The subcommittee shall review the draft permit for
compliance with the requirements of this Chapter 23 and
shall, by majority vote, recommend that the administrator
approve, approve with conditions or deny the application.
The administrator shall issue or deny the permit within five
(5) business days after the subcommittee meeting. The
applicant or any member of the subcommittee or any
"adversely affected party" who submitted written comments
to the subcommittee prior to the meeting or made a
presentation to the subcommittee during the meeting, may
file a written notice objecting to the permit within five (5)
business days from the date of permit issuance stating the
alleged reasons the permit does not comply with the
provision of this Chapter 23. The permit issued by the
administrator shall not be effective until this 5-business day
notice period has expired.
d. Should a written notice be timely filed, the draft permit shall
be placed on the next available Community Development
Board agenda. The Board's review shall be de novo. The
Board shall determine whether the draft permit complies
with the provisions of this Chapter 23. The Board may issue,
deny or modify the draft permit. All notice requirements for
"variances" set forth in Section 24-51( c) (2) shall apply to the
hearing on said contested tree permit.
e. The decision by the Community Development Board shall be
final unless the applicant or an "adversely affected party"
who submitted written comments to the Board prior to the
Board meeting or made a presentation to the Board during
the meeting files a written appeal of the Community
Development Board decision to the City Commission within
fifteen (15) days of the Board's decision, with the City Clerk,
together with a $500.00 filing fee. Where the Community
Development Board approves a tree permit, the subject tree
permit shall not be effective until the 15-day appeal period
has expired. Said written appeal must set forth the alleged
reasons that the Community Development Board's
Ordinance No. 5-17-64 Page 8 of10
Agenda Item 6A
August 28, 2017
determination does not comply with the provisions of this
Chapter 23. The Commission's review shall be de novo and
the notice requirements for "variances" set forth in Section
24-51(c)(2) shall apply. The Commission may confirm,
overturn or modify the Community Development Board's
action. The action of the Commission shall constitute final
action of the City. Where the Commission approves a tree
permit, the permit shall not be effective until any applicable
judicial appeal period has expired.
SECTION 2. SECTION 23-23 PERMIT PROCEDURES.
Section 23-23( d) (1) of the Atlantic Beach Code of Ordinances is hereby deleted
in its entirety and the following new section 23-23( d)(1) is hereby adopted:
(1) Time for Review. Once an application has been deemed sufficient, the
administrator shall conduct a full compliance review of the application and issue a
notice of intent to issue a tree permit to approve or approve with conditions, or deny
the application in accordance with the procedures set forth in Section 23-52(g)
hereof.
SECTION 3. SECTION 23-25 APPEALS.
A. Section 23-25(a) of the Atlantic Beach Code of Ordinances is hereby deleted in
its entirety and the following new Section 23-25(a) is hereby adopted:
(a) Procedures to file appeals. Appeals and written notices objecting
to decisions regarding tree permits issued under authority of this
chapter shall be made in accordance with the provisions of
Section 23-52(g) hereof.
B. Section 23-25(b) of the Atlantic Beach Code of Ordinances is hereby deleted in
its entirety and the following new Section 23-25(b) is hereby adopted:
(b) Stay of work. Any appeal to the City Commission filed pursuant to
Section 23-52(g) shall stay all work on the premises and all
proceedings in furtherance of the action appealed, unless the
appropriate administrative official certifies that a stay would
cause imminent peril to life or property.
SECTION 4. SIX MONTH REVIEW.
Approximately six months after the creation of the Environmental
Stewardship Committee and Tree Subcommittee, the City Manager and tree
administrator, working with the Committee Chair, shall present a six-month
review I assessment to the City Commission.
Ordinance No. 5-17-64 Page 9 of10
Agenda Item 6A
August 28, 2017
SECTION 5. CONFLICT
All ordinances previously adopted by the City and in conflict with this
ordinance are repealed to the extent inconsistent herewith.
SECTION 6. SEVERABILITY
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 7. This ordinance shall take effect immediately upon its final passage
and adoption.
PASSED by the City Commission on first reading this 10th day of July, 2017.
PASSED by the City Commission on second and final reading this 24th day of
July, 2017.
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
Ordinance No. 5-17-64 Page 10 of10
Agenda Item 6A
August 28, 2017
AGENDA ITEM:
DATE:
SUBMITTED BY:
PRESENTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION
AUGUST 14, 2017
Staff Report
Second and Final Reading, Ordinance to Extend Automobile Service
Station Temporary Moratorium
August 17, 2017
Kevin Hogencamp, Interim City Manage1~
Brenna M. Durden, City Attorney
SUMMARY: At its meeting on September 12, 2016, the Commission approved and
adopted Ordinance 90-16-225, establishing a temporary moratorium for "automobile service
station" establishments, as described in said Ordinance. The moratorium will, under the Ordinance,
expire on Aug. 22, 2017. The draft ordinance attached to this report, approved on first reading on
Aug. 14, 2017, would extend the moratorium for six months to February 22, 2018.
RECOMMENDATION: Approve on second and final reading the proposed temporary
moratorium extension.
BUDGET: Yet-to-be-determined
ATTACHMENTS: 1. Proposed Ordinance No. 90-17-229
2. Ordinance 90-16-225, establishing temporary moratorium
00849347-1
Agenda Item 7A
August 28, 2017
ORDINANCE NO. 90-17-229
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225,
KNOWN AS THE "AUTOMOBILE SERVICE STATION
MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY
THE CITY COMMISSION ON SEPTEMBER 12, 2016, FOR A
PERIOD OF SIX MONTHS FROM AUGUST 22, 2017 TO
FEBRUARY 22, 2018; PROVIDING FOR THE CONTINUED
VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-
16-225; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission did, on September 12, 2016, approve that
certain Ordinance No. 90-16-225, known as the "Automobile Service Station
Moratorium Ordinance," providing for a temporary moratorium with exemptions as
to the filing and/or application for the establishment of certain businesses as more
particularly described in said Ordinance No. 90-16-225, within the City limits,
through August 22, 2017; and
WHEREAS, the City has not concluded its review of regulations regarding the
subject businesses; and
WHEREAS, the City Commission now desires to extend the temporary
moratorium for a period of six months as contemplated and authorized in said
Ordinance No. 90-16-225; and
WHEREAS, the extension of the temporary moratorium is in the best interest
of the citizens of the City of Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE
CITY OF ATLANTIC BEACH, FLORIDA, THAT:
SECTION 1. Extension of Temporary Moratorium. The temporary
moratorium established by Ordinance No. 90-16-225, known as the "Automobile
Service Station Moratorium" is hereby extended from August 22, 2017 through
February 22, 2018.
SECTION 2. Validity of Remaining Provisions. Except as amended in
Section 1 above, all other provisions, terms and conditions of Ordinance No. 90-16-
225 are hereby declared to remain in full force and effect and remain valid through
February 22, 2018.
SECTION 3. Effective Date. The effective date of this Ordinance shall be
___ _, 2017, the day the City Commission first took action towards adoption of
00843751-1
Agenda Item 7A
August 28, 2017
DRAFT 7/18/2017
this Ordinance to extend the temporary moratorium, in accordance with Smith v.
Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified.
PASSED by the City Commission on first reading this_ day of August, 2017.
PASSED by the City Commission on second and final reading this _ day of
August, 2017.
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
00843751-1 2
Agenda Item 7A
August 28, 2017
ORDINANCE NO. 90-16-225
AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING
AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS
AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE
REPAffi-HEA VY, CAR WASHES ANn CONVENIENCE FOOD STORES WITH
FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED
COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL
AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING
PROHIBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL
WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT
UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN
EARLIER DATE; PROVIDING FOR LEGlSLATIVE FINDINGS, INTENT AND PURPOSE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO
THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VHI, Section 2 of the Florida Constitution provides that municipalities shall
have governmental, corporate and proprietary powers to enable municipalities to conduct municipal
govemment, 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 Jaw; and
WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act", reinforces
the authority granted under the Florida Constitution and authorizes municipalities to exercise any power
for municipal purposes, except when expressly prohibited by law and to enact ordinances in further
thereof; and
WHEREAS, the City wants to review whether automotive service stations, automotive service-
minor, automotive repair-heavy, car washes and convenience food stores with fuel/gasoline sales
(hereinafter collectively «Automobile Service Stations") should be allowed in areas zoned CL, CG, LIW
and SPA, and, if so, under what conditions and review standards; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protec~
individual rights, while at the same time promoting the health, safety and welfare of the people, including
the compatibility of development and aesthetic impacts of development in the City; and
WHEREAS, in order· to ensure the uniform enforcement of existing laws and preserve the public
peace and good order and to safeguard the health, safety, morals and welfare of the comm\mity and
00681611:.1-1
Ordinance No. 90-16-225 1
Agenda Item 7A
August 28, 2017
citizens thereof, it is necessary and advisable to enact a temporary moratorium on the permitting
approvals of certain Automobile Service Station facilities in the City; and
WHEREAS, the City Commission tor the City of Atlantic Beach, Florida finds it necessary for
the promotion of the public safety and welfare that this Ordinance be enacted; and
WHEREAS, at the City Commission meeting held on July II, 2016, the Commission discussed a
potential moratorium on Automobile Service Station facilities and directed the City Attorney to prepare a
draft ordinance and to place it on the July 25, 2016 meeting agenda for discussion purposes; and
WHEREAS, a draft of this Ordinance dated July 14,2016 was included in the Agenda Packet for
the July 25, 2016 City Commission meeting for discussion purposes; and
WHEREAS, on July 25, 2016, the City Commission did review and discuss a draft of this
Ordinance and directed that it be placed on the Commission's August 8, 2016 meeting agenda for first
reading; and
WHEREAS, implementation of this Ordinance is in the best interest of the citizens ofthe City of
Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF CITY OF ATLANTIC
BEACH, FLORIDA, THAT:
SECTION 1. RECITALS. The aforementioned recitations are incorporated herein by
reference.
SECTION 2. TITLE
This Ordinance shall be known and may be cited as the "Automobile Service Station Moratorium
Ordinance".
SECTION 3. DEFINITIONS
For the purpose of this Ordinance, the following terms are defined as follows:
(a) "automotive service stations" has the same meaning as "service station-automotive" set
forth in Section 24-17 ofthe City's Land Development Regulations.
(b) "automotive service-minor" and "automotive repait·-heavy" have the same meanings
as set fotth in Section 24-17 of the City's Land Development Regulations.
00682684·1
Ordinance No. 90-16-225 2
Agenda Item 7A
August 28, 2017
moratorium shall be in place from the erfective date ofthis Ordinance through August 22, 2017. The City
Commission may rescind this moratorium or extend this moratorium for periods of up to six months.
SECTION 7. ENFORCEMENT, PENALTIES AND INJUNCTIVE RELIEF
The City's code enforcement officer, law enforcement or any other person authorized to enforce
ordinances in the City of Atlantic Beach 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 ofthis 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 reftlsal to comply with, any part of this Ordinance; or
(d) Utilizing any other action or enforcement method allowable by law.
SECTION 8. REPEAL OF LAWS IN CONFLICT
All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such
conflict.
SECTION 9. SEVERABILITY
ff 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
006816&>1-1
Ordinance No. 90-16-225 4
Agenda Item 7A
August 28, 2017
CITY OF ATLANTIC BEACH
CITY COMMISSION
AUGUST 28,2017
Staff Report
AGENDA ITEM: Second and Final Reading, Temporary Moratorium for "5G" wireless
technology in City Rights of Way
DATE: August 17,2017
SUBMITTED BY: Kayle Moore, Public Utilities Director
Scott Williams, Interim Public Works Director
Dan Arlington, Building Official
Brenna M. Durden, City Attorney
BACKGROUND: The 2017 Florida Legislature adopted House Bill 687, the "Advanced
Wireless Infrastructure Deployment Act ," which requires local governments to allow certain types
of wireless facilities within their rights of way, providing the facilities meet objective design
standards, which local governments must adopt by January 1, 2018 . The temporary moratorium
will give the city the time needed to adopt local objective design standards and regulations, meeting
both the federal and new state law mandates.
BUDGET: Y et-ta-be-determined
RECOMMENDATION: Approve on second and final reading the proposed temporary
moratorium .
ATTACHMENT: 1. Ordinance No. 80-17-87
REVIEWED BY CITY MANAGER: __ Z4--''"""~______., ..... rbetL----T---------
00849347-1
Agenda Item 7B
August 28, 2017
ORDINANCE NO. 80-17-87
AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE
ACCEPTANCE, PROCESSING OR APPROVAL OF ANY WIRELESS
COMMUNICATION FACILITIES IN THE CITY'S RIGHTS-OF-WAY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 704(a) of the Telecommunications Act of 1996, entitled "Preservation
of Local Zoning Authority," (47 U.S.C. § 332(c)(7)) preserves local zoning authority over decisions
concerning the placement, construction, and modification of "personal wireless service facilities"
with certain limitations; and
WHEREAS, a local government is prohibited from imposing regulations that unreasonably
discriminate among providers of functionally equivalent services and prohibit, or have the effect
of prohibiting, the provision of personal wireless services; and
WHEREAS, a local government shall act on a request for authorization to place, construct,
or modify personal wireless service facilities "within a reasonable period of time" after the request
is filed and that any denial of a request for authorization be in writing and supported by substantial
evidence in a written record; and
WHEREAS, Chapter 19, City of Atlantic Beach Code of Ordinances provides the
application process for all instances in which a person or entity requests to occupy any City rights-
of-way; and
WHEREAS, Section 19-8, Utility Rights of Way, Code of Ordinances, provides the
processes for application, enforcement, placement and maintenance of communications facilities
in the City rights-of-way and has not been revised since 2011; and
WHEREAS, new technologies in wireless communications have emerged, which involve
the use and placement of smaller, but more numerous poles and related infrastructure to support
existing services and emerging "5-G" service; and
Agenda Item 7B
August 28, 2017
WHEREAS, in the 2017 legislative session, the Florida Legislature enacted House Bill 687
(the "Advanced Wireless Infrastructure Deployment Act"), which establishes a process by which
wireless providers may place small wireless facilities in the public rights-of-ways under the control
of counties and municipalities; and
WHEREAS, the Advanced Wireless Infrastructure Deployment Act became effective July
1, 2017 and requires local governments to allow certain types of wireless facilities within the rights-
of-way so long as those facilities meet objective design standards that have been locally adopted
by ordinance; and
WHEREAS, the application of Section 19-8 of the Code of Ordinances, does not provide
any objective design standards concerning the placement of these types of wireless
communications systems on City rights-of-way; and
WHEREAS, the City Commission finds that the City's rights-of-way are a limited resource
that must be properly managed both for current infrastructure needs and for planned or expected
future infrastructure expansion, maintenance, aesthetics and safety needs, to the extent
authorized by law; and
WHEREAS, the City's current laws governing the application, placement, enforcement,
and maintenance processes of wireless communications systems in the City's rights-of-way do
not adequately address the new requirements and regulations encompassed in the Advanced
Wireless Infrastructure Deployment Act; and
WHEREAS, the City Commission finds that there is a legitimate public purpose in
imposing a temporary moratorium on considering and approving personal wireless
communications systems in the City's rights-of-way to allow the City time to create appropriate
local regulations and standards consistent with federal and state laws and regulations and
balance the new and emerging technology with the City's needs and requirements; and
00849304-1 2
Agenda Item 7B
August 28, 2017
WHEREAS, the Advanced Wireless Infrastructure Deployment Act allows local
governments until January 1, 2018 to enact objective design standards with which to evaluate
applications for those wireless facilities regulated by the Act; and
WHEREAS, during this time the City Commission finds that there is a legitimate public
purpose to temporarily prohibit the City's acceptance and processing of, or final determination on,
applications for rights-of-way permits for personal wireless communications systems in the City's
rights-of-way until the City Commission adopts amendments to the Code of Ordinances to
adequately regulate personal wireless communications systems in the City's rights-of-way, as
authorized in the Advanced Wireless Infrastructure Deployment Act; now, therefore,
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. Findings and Statement of Intent.
(a) The above recitals are hereby adopted as the City Commission's Findings of Fact;
and
(b) It is the intent of the City Commission to undertake a review of the City's current
laws governing the application and approval process for wireless communications
facilities, equipment and infrastructure in the City's rights-of-way and to propose
amendments to address the new and emerging technologies, conform with the
requirements of 47 U.S.C. § 332(c)(7) and the Advanced Wireless Infrastructure
Deployment Act for wireless communication systems in the City's rights-of-way
and adequately address the public health, safety and welfare.
Section 2. Temporary Moratorium Imposed as to the Acceptance, Processing or
Determination of Rights-of-Way Permit Applications for all Personal Wireless
Communications Systems in City Rights-of-Ways. The City Commission hereby imposes a
temporary moratorium on the acceptance, processing or approval of rights-of-way permit
00849304-1 3
Agenda Item 7B
August 28, 2017
applications for personal wireless communication systems in the City's rights-of-way. This
moratorium is imposed pursuant to the City Commission's police powers to protect the public
health, safety and welfare of the community at large and shall remain in effect until December 31,
2017 or until such time as repealed by the City Commission, whichever shall occur first.
Section 3. Effective Date. The effective date of this Ordinance shall be August 14,2017,
the day the Commission first took action towards the adoption of the moratorium, in accord with
Smith v. Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified.
PASSED by the City Commission on first reading this __ day of August, 2017.
PASSED by the City Commission on second reading this __ day of August, 2017.
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
00849304-1 4
Agenda Item 7B
August 28, 2017