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8-28-17 Amended Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING AUGUST 28, 2017 -6:30PM AMENDED 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. *B. Approve minutes of the Special Called Commission Meeting on August 9, 2017. *C. Approve minutes of the Town Hall Meeting on July 22,2017. 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. 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. *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 FOR TERMS OF SAID MEMBERS; AND PROVIDING AN EFFECTIVE DATE. *C. Resolution No. 17-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT PIGGYBACKING ON CITY OF JACKSONVILLE CONTRACT CS-0354-15 DATED 2015 "SPORT COURT MAINTENANCE AND CONSTRUCTION" AND APPROVED A PURCHASE ORDER FOR $101,679.60 ON BEHALF OF THE CITY OF ATLANTIC BEACH. *D. Resolution No. 17-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING THE CITY MANAGER TO ORDER AN APPRAISAL FOR THE SELVA PRESERVE PROPERTY; AUTHORIZING THE EXPENDITURE OF UP TO A MAXIMUM OF $15,000 FOR AN APPRAISAL AND OTHER TASKS RELATED TO THE APPRAISAL OF THE SELVA PRESERVE PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. *E. Resolution No. 17-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING THE CITY MANAGER TO EXECUTE A LETTER OF INTEREST TO EXPLORE THE PURCHASE OF JOHNSTON ISLAND AS A RECREATIONAL PARK; DIRECTING THE CITY MANAGER TO UNDERTAKE A DUE DILIGENCE EVALUATION WITH AN INDEPENDENT CONSULTANT(S); DIRECTING THE CITY MANAGER TO ORDER AN APPRAISAL OF JOHNSTON ISLAND; DIRECTING THE CITY MANAGER TO COORDINATE WITH THE CITY OF JACKSONVILLE AND OTHER GOVERNMENTAL ENTITIES; AUTHORIZING THE EXPENDITURE OF UP TO A MAXIMUM OF $35,000 DURING THIS INITIAL EVALUATION PERIOD FOR THE JOHNSTON ISLAND PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. 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. *Amended on 8-23-17 as follows: Item 1 B -Added Item 1 C Added Item 4B-Moved to Item 6C. Item 6A Added Resolution document Item 6B -Added Staff Report and Resolution document Item 6C -Changed from Consent Agenda to a Resolution and amended supporting documents Item 6D -Added Item 6E -Added 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 1 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 2 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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.) 3 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 4 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 5 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 6 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 7 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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 8 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 9 Agenda Item 1A August 28, 2017 July 24, 2017 REGULAR COMMISSION MEETING 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. 14 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. 16 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 MINUTES CITY OF ATLANTIC BEACH SPECIAL CALLED CITY COMMISSION MEETING AUGUST 9, 2017-5:00 PM IN ATTENDANCE: Mayor Mitchell E. Reeves Mayor Pro Tern John 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 Administrative Assistant Joanie Bowman Recording Secretary Nancy Pyatte Commissioner Stinson gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 5:02PM. Administrative Assistant Joanie Bowman, sitting in for the City Clerk, called the roll. Mayor Reeves noted that a quorum was present. 1. Courtesy of Floor to Visitors Ellen Glasser, 2060 Beach Ave., spoke on the topic of transparency and accountability, referring to the City Charter, Section 66, titled Personal Interest. Based on her research of public records, Ms. Glasser explained she filed a formal complaint with the City on July 27, 2017 against Mayor Reeves for conducting business with the Atlantic Beach Police Department. Ms. Glasser said her research showed Mayor Reeves, working for/representing GT Distributors, has been selling police equipment to the City's Police Department while in public office as Mayor. The complaint is currently in the process of an outside legal review and expected to be completed in two weeks. Ms. Glasser requested that the Commission cancel this meeting and put aside tonight's business until the formal legal review of Mayor Reeves conduct has been completed. Don Wolfson, 1725 Beach Ave., spoke about the City Manager selection process. Having worked with the past four Atlantic Beach City Managers, Mr. Wolfson stated there was continuity for a long time in that position, up until the last City Manager was terminated. Mr. Wolfson requested the Commission consider postponing the appointment of the City Manager and reopen the recruitment process. He said do not settle for less than best. No one else from the audience spoke. Comiesy of the Floor was closed. 2. City Manager Selection Human Resource Director (HR Director) Cathy Berry, gave a brief review of the process. The position was advertised, resumes were received, questionnaires were sent out, six applicants were interviewed via skype, and the three final candidates were invited to a public Community Meet and Greet. Following that event, the public provided input to the elected officials. One of the three finalists, Sarah Campbell, withdrew today-stating she accepted a position with the Town of Orange Park. The two finalists are Joe Gerrity and Ron Rabun. 1 Amended Agenda Item 1B August 28, 2017 August 9, 2017 SPECIAL CALLED CITY COMMISSION MEETING Motion: Open discussion to consider hiring a search firm and reopen the City Manager selection process. Moved by Waters, there was no Second MOTION FAILED MOTION: Nominate Mr. Joe Gerrity as the City Manager for the City of Atlantic Beach; direct City Attorney Durden to negotiate the contract, working with one member of the City Commission, and utilize the contract presented by HR Director Berry. Moved by Stinson, Seconded by Harding Discussion ensued. Commissioner Hill stated it was not a good idea to start over or delay the process due to the political cycle. Even though Mr. Gerrity is not his preferred choice of the two candidates, Commissioner Hill said he is interested in moving forward in this process. Commissioner Waters stated she did not see the qualities in these candidates to be the next CEO for our city and felt that we needed to continue looking for a more dynamic person. Commissioner Waters agreed with Commissioner Hill and stated that Mr. Gerrity is not her preferred choice of the two candidates. Commissioner Harding stated he was not surprised when he heard Sarah Campbell withdrew from the process. Regarding delaying the hiring until the elections were over, Commissioner Harding said he also received numerous communications to postpone hiring the Police Chief and the City Manager. Commissioner Harding said it is this Commission's decision to make and we have had guidance from Staff throughout the whole process. He stated he is ready to proceed and get our City back on the right track. Commissioner Stinson commented that the requests for delaying this process do appear to be election driven. Staff initiated the recruitment process and completed the research of the applicants prior to the Commission taking over the process. The Commission has evaluated fourteen applicants, then narrowed that group to six, and now the three finalists are down to two candidates. Commissioner Stinson said now is not the time to start over. Commissioner Stinson stated his reasons why he nominated Mr. Gerrity as follows: • Private sector experience in operating a business • Familiarity in Northeast Florida • Prior service as an elected official • Prior service as a County Manager in Suwannee County • Prior service as a City Manager in Fernandina Beach • Longevity of experience in service Commissioner Stinson stated the only thing he would like to see, if possible, 1s the outcome of background and reference checks on the final candidates. Mayor Reeves stated this is not a political issue, but an issue of what is best for our City. There has been complete transparency throughout the total process and it is this Commissions' responsibility to make the decision based on facts, not emotions. Mayor Reeves said Sarah Campbell was his choice. He respects her decision to accept the offer with the Town of Orange Park, a decision based on herself, her family, and no other reason. Mayor Reeves said there has been criticism for not moving fast enough in this process and now the Commission is hearing that we should postpone the process -cannot have it both ways. Mayor Reeves stated he is ready to vote and make a decision in the best interest for the City. 2 Amended Agenda Item 1B August 28, 2017 August 9, 2017 SPECIAL CALLED CITY COMMISSION MEETING HR Director Beny reported she has the background screenings utilized for all employees which covers criminal and traffic reports and nothing showed up on the three final candidates. Also our Police Department provided staff who specializes in background screenings and again, nothing came forward. A lengthy discussion ensued about background screenings, the benefits of having a candidate without connections to North Florida communities, decisions based on what is best for the City, and the importance of a candidate having an understanding and familiarity with the Florida State Sunshine Laws and State Statutes. Roll Call Votes: Aye: 5 Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED City Attorney Durden noted the motion instructs the City Attorney work with a Commissioner on the contract for the City Manager and that person needs to be nominated. Commissioner Hill nominated Commissioner Waters, Seconded by Commissioner Stinson. There was consensus to accept the nomination of Commissioner Waters. Commissioner Harding • Expressed his respect for the community and the Commission stating he enjoys working with everyone. Commissioner Harding stated that tonight proved the cohesiveness of this group. Commissioner Waters • Spoke about the Commission having more in common, specifically about achieving the goals for the future of the City. This has been shown most recently with the forming of the Environmental Stewardship Committee, the Parking and Pedestrian Safety Advisory Resource Committee, and with tonight's unanimous vote for a new City Manager. Commissioner Hill • Stated that it is critical that the Commission have a unified position in selecting the new City Manager. Commissioner Hill stated that he looks forward to the opportunity to get to know Mr. Genity as he leads the City. Commissioner Stinson • Stated that he is looking forward to Mr. Genity serving as the new City Manager. Mayor Reeves Commissioner Stinson thanked ICM Hogencamp, HR Director Beny, the staff, the citizens, and his fellow Commissioners for their efforts, hard work, and support throughout this process. • Thanked all of the Commission for their votes and support for the new City Manager. Mayor Reeves stated this will be an exciting time for the City as we move forward. • Spoke about the comments made by Ellen Glasser during Courtesy of the Floor. Mayor Reeves stated Ms. Glasser, who is an opponent in this election, has filed a complaint against him. He said a citizen has filed a complaint against Ms. Glasser 3 Amended Agenda Item 1B August 28, 2017 August 9, 2017 Adjournment SPECIAL CALLED CITY COMMISSION MEETING about her residency. Mayor Reeves stated this action by Ms. Glasser is an attempt to distract people from issues that really matter in the City. Mayor Reeves thanked ICM Hogencamp and City Attorney Durden for their suggestion and decision to use a third party for the investigation into the complaint. He said he respects that decision. Mayor Reeves stated it is unfortunate that it will result in additional costs to the City. Mayor Reeves stated this is a false claim. There being no further discussion, Mayor Reeves declared the meeting adjourned at 6:13PM. Mayor Reeves reminded the Commission there will be a Budget Workshop at 6:30PM. ATTEST: Donna L. Bartle, CMC City Clerk DLB/njp Mitchell E. Reeves Mayor/Presiding Officer 4 Amended Agenda Item 1B August 28, 2017 IN ATTENDANCE: CITY OF ATLANTIC BEACH TOWN HALL MEETING July 22,2017 at 10:00 AM STAFF: Mayor Mitch Reeves Mayor Pro Tern John Stinson (Absent) Commissioner Jimmy Hill Interim City Manager Kevin Hogencamp City Attorney Brenna Durden City Planner Derek Reeves Commissioner Mitch Harding (Arrived@ 10:07 am) Commissioner Blythe Waters (Arrived@ 10:34 am) Recording Secretary, Joanie Bowman ABSENT: Mayor Pro Tern John Stinson CALL TO ORDER Mayor Reeves called the meeting to order at 10:00 am. WELCOME Mayor Reeves explained the purpose of this Town Hall Meeting and thanked staff and the citizens for taking time out of their Saturday to attend the meeting. Mayor Reeves explained the process for public comments. Mayor Reeves introduced Interim City Manager Hogencamp to open the meeting. Interim City Manager Hogencamp briefed everyone on the City Manager position. He stated they are very close to hiring a City Manager and explained the finalists will be invited to town for a public meet and greet on August 3rct, followed by interviews on August 4th with the City Commission and a final decision will be made within a couple of weeks. Mayor Reeves explained they have added Item 3A. City Manager selection process to the Commission Agenda. He stated they will narrow the candidate pool to the three top candidates. HR Director Cathy Berry and Interim City Manager Kevin Hogencamp will then skype interview the top three candidates. A reception will then take place Thursday, August 3rd so the public can have an opportunity to meet the top three candidates and they will interview them on Friday, August 4th and the Commission will make a final decision at the next City Commission on August 14th. Interim City Manager Hogencamp explained this meeting's topics for discussion are the Resolution creating a Parking Advisory Resource Committee as he referred to his handout (which is attached and made part of this Official Record as Attachment A), and notice requirements for Town Hall Meeting Page 1 of 7 July 22, 2017 Amended Agenda Item 1C August 28, 2017 the Land Development Regulation Modifications. He spoke about the parking issue and Commissioner Stinson's proposal that the City Commission establish the official Parking Advisory Committee. He explained that its scope and purpose would be to review and collect parking data, conduct related field inspections, evaluate the data and make recommendations to the Mayor and Commissioners. Under this proposal there would be eleven (11) members of the Committee, two (2) each appointed by the Mayor and the four Commissioners and the eleventh (11th) member would be one of the City Commissioners or the Mayor. The Committee would be supported by staff as delegated by the City Manager. Mayor Reeves inquired about the upcoming Safe Routes to School public meeting that would take place. Interim City Manager Hogencamp informed everyone that the Safe Routes to School meeting would take place Tuesday, July 25th at 5:00pm. in the Commission Chamber and would give an overview of the latest design and update on the status of that project. Mayor Reeves asked the citizens if they had anything they would like to share. COMMENTS FROM THE PUBLIC Dennis Winkelman, 1977 Seminole Rd., spoke about the parking issue on 19th Street and expressed that it needs some attention. Mayor Reeves explained the Parking Committee will cover parking issues city wide. Nancy Whittington, 1861 Beachside Ct., spoke about the parking committee and suggested tackling the parking issue in phases rather than city wide. Commissioner Hill explained that the parking problem in Atlantic Beach is based on the population of Jacksonville, which predominantly uses Atlantic Beach as the beach to visit and the bulk of Jacksonville will go to Hugenot Park on the Northside. The parking problem is compounded every time the City of Jacksonville does something environmentally to limit their residents from being able to go to their beach. The other reason parking is a problem internally within our own city is that residents utilize parking for their visitors. He suggested coming up with a plan where we still meet our responsibilities to our County visitors but do it in a park way. He suggested one of the ways our residents can better access our beach is by using bikes or low speed vehicles (LSV). A Resident, suggested charging a fee for parking to alleviate some of the parking problems. Mayor Reeves spoke about parking solutions for non-residents and residents. He explained that parking meters are a viable option and suggested that residents may be issued a parking permit that gives residents privileges to park at a discounted rate. Dale Wappes, 1885 Beach Ave., spoke about the parking problems concerning traffic and safety issues on 18th Street and suggested having a shuttle service to the beach to alleviate the parking problems. Town Hall Meeting Page 2 of7 July 22, 2017 Amended Agenda Item 1C August 28, 2017 Commissioner Hill spoke against shuttling people into a residential neighborhood and explained that there is a direct correlation between crime and transient people and would be of concern to him in that respect. Pamela McCrary, 226 pt St., spoke about concerns regarding parking and safety issues with cars parking on sidewalks. She suggested taking back the sidewalks and making it standard that wherever there is a sidewalk, there is no parking. Lisa Herrold, 659 Sherry Dr., spoke about concerns with Safe Routes to School on her street, and stated they are going to lose the green space and poses safety issues for the children. Chris Thomassy, 176 Ocean Blvd., spoke about the parking situation leading to friction within the community that could potentially lead to violence. He suggested that the parking committee write down their ideas and present them as well as having representatives to be the advocates from the affected areas, such as the 19th & 20th Street area but also look at 1-4 or Ahem-4th Street and 5th -9th Street. He suggested some ideas from other beaches, where residents buy stickers for your car for a low fee as well as building a parking garage or setting up parking meters. He mentioned that we might ask Neptune Beach, as a good neighbor, to remove their center island at Orange Street and stated that there needs to be a sharing of the traffic coming into our area. Mayor Reeves explained that strict enforcement of parking and littering fines would act as a deterrent and could eliminate the parking problems as well as address visitors trashing up our beach. Commissioner Hill stated our parking areas do not look like a park or recreational area. He explained that he would like to adopt signage at our end zones designating our beach as a park and have public works personnel collecting the trash, dress like park rangers. He spoke about sidewalks and the need to make it safe for kids so that they are not forced into the street. Commissioner Waters stated signage is a concern as it trashes up our City and is not pretty. She explained part of the solution is street-scaping and suggested using landscaping and impervious spaces to designate parking in a beautifying way. Commissioner Hill agreed there is a signage problem and needs to be addressed. Rick Moyer, 1238 Beach Ave., suggested offsetting the signage by planting trees and beautifying the environment, particularly around the Town Center area and by encouraging residents to ride their bikes or walk thereby, creating more parking. Mayor Reeves inquired about the bike racks at the Town Center. City Planner Derek Reeves explained they have talked about contracts and have not moved forward yet. Town Hall Meeting Page 3 of7 July 22, 2017 Amended Agenda Item 1C August 28, 2017 Mayor Reeves explained there is an Ordinance in place now requiring new businesses in Atlantic Beach to provide a bicycle rack. Dale Wappes, 1885 Beach Ave., inquired about hiring a part-time meter maid to monitor parking accesses. Mayor Reeves suggested that our new Police Chief Michelle Cook make a proposal to have the people who volunteer for the COPS program write those tickets. Commissioner Waters stated, historically, that is something the Town Center area has proposed and have been willing to chip in with funding. They have proposed a number of systems. Commissioner Hill voiced concern about using the COPS program, because COPS level training is not sufficient for interacting with non-residents and could pose a danger. Commissioner Harding spoke about non-sworn citizens who can take a course to issue parking tickets, but can also take a verbal judo class that teaches them how to talk to people that become irate. He spoke about the parking committee and diversity, and would like to see representatives from all over the city establish priorities. Commissioner Hill spoke in favor of having someone like Scott Shine, a School Board Representative, be on the Parking Committee. He explained he is also our beaches district school board representative and has been involved in Ponte Vedra's reclaiming of access and could put a voice of knowledge and experience on the subject matter relating to the Parking Committee. He inquired whether non-residents could sit on the Parking Committee in an advisory mode. The citizens were in agreement that non-residents could serve on the board in an advisory capacity but should not be permitted to vote. A resident spoke about solutions to right of way issues that might be resolved by carefully looking at traffic patterns and creating one way streets. Commissioner Waters stated she liked Commissioner Hill's idea about having representatives on the Committee from outside the community that can provide an outside perspective of what is reasonable. Commissioner Hill stated Mayor Reeves is in communication with the Duval County representatives regarding parking issues. He continued stating that Hanna Park is completely empty and could provide a partial solution. Some citizens suggested making a sign on Mayport Road that directs people into Hanna Park and voiced that they do not want one-way streets, but also do not want their streets blocked by illegal parking. Interim City Manager Hogencamp introduced City Planner Derek Reeves and Brenna Durden, matter experts on the notice requirements for the Land Development Regulation Modifications. Town Hall Meeting Page 4of7 July 22, 2017 Amended Agenda Item 1C August 28, 2017 City Planner Derek Reeves explained they have already started advertising for the Mayport Road Business Proposal, notifications go out thirty days in advance and then it goes to the Community Development Board (CDB) in August. He stated they mailed out seven hundred thirteen (713) letters, it took six staff personnel and thirteen hours to complete at $16.00 per hour equaling $208.00 and .046 cents postage per envelope equaling $322.00 in postage, another $23.00 in envelopes and labels, plus printing costs. The mailers total cost was $553.00 in staff time and materials. We are looking at estimates of three-hundred (300) signs under our current code to be posted. It will take about four (4) staff people about twenty five (25) hours to produce and post all of those signs. The costs are higher because of who has driving privileges and estimating $500.00 in staff time in addition to the twenty-five (25) hours. He stated they did find cheaper signs at $5.50 per sign including the stake, and another $1,600.00 when you have to add in the cost of materials for tape, markers and gas. The estimate comes up to $2,100.00 for signs on this project. Add in the required newspaper ads, those are $313.00 a piece to run in the Beaches Leader. This Ordinance affects somewhere between two hundred to two hundred fifteen (200-215) parcels and there are approximately fifty seven hundred (5,700) parcels in the City. City Planner Reeves explained that if we were to do an ordinance affecting every parcel like Land Development Regulation (LDR) rewrite, or something as minor as allowable projections into a side yard, you are talking about multiplying those costs by seven (7), for what could be potentially a major code rewrite. City Attorney Durden explained that there are two ways State Statutes are required: 1) Text amendment and 2) Re-zoning a piece of property. She stated that the conversation that they are having today is simply about text amendments and under the State law for text amendments, it only requires publication in the newspaper for each public hearing. Two public hearings are required at a minimum under the State law and you have to publish in the larger font, two columns wide and not in the legal advertisement section of the newspaper. Our Code also requires us to comply with the statutory requirements, a map change such as; change of permitted uses, change of zoning. A sign will be placed in the yard and everybody within three hundred (300) feet will get noticed of that. Our Code, for a text change to our LDR, requires the same thing. She stated for our Mayport Corridor Business Overly District we need to follow those rules. Notice is one of those things that is a due process issue, so if our code says we have to comply with this, we must comply. It is a very sensitive topic, because people want to know what is going on in their community. She stated there may be a middle road where we do not need a thousand signs scattered all over our City for the exact same ordinance that is being proposed. She suggested maybe the City consider keeping the requirement for the letters to go out to every single person but not the signs. This would only be for text amendments. Those are the minimum requirements and we are only talking about text changes to the LDR's or to the comprehensive plan. A resident spoke about a concern with public notices for the Town Hall Meeting and stated that the notice came out on Thursday and there was no other notice of addendum on Facebook. She is in favor of the letters going out to citizens whatever the cost because not everyone is on social media. She stated that the citizens of Atlantic Beach deserve to know there is going to be a significant change. Town Hall Meeting Page 5 of7 July 22, 2017 Amended Agenda Item 1C August 28, 2017 Interim City Manager Hogencamp explained that the overlay district changes are being noticed; they were sent out and the signs are going up. Commissioner Harding explained how communication has improved since Hurricane Matthew through the Agenda, City Manager's Report, Calendar, Newsletter, and City's website. He stated staff is doing their job and making appropriate notifications. We take great strides to keep the community involved. Commissioner Waters stated that we hold quarterly Town Hall meetings and bi-monthly City Commission meetings. If the Land Development Regulation affects fifty two hundred (5,200) homes, we have to stick a sign in every yard. We are going to have to change the Land Development Code because it is literally what the requirement states. She explained the City's desire to notice appropriately and offered suggestions. She stated we are trying to gamer from the citizens what is appropriate notification for these big items that affect the citizens' of Atlantic Beach. Commissioner Hill stated that notification is not the issue, communication is the issue. He stated that the Interim City Manager Kevin Hogencamp is a communication expert and will be freed up to communicate more effectively as soon as a City Manager is in place. A resident stated that communication is not the problem in the City and has received excellent communication. She believes noticing is extremely important, the Safe Routes to School project was delayed because of a lack of noticing, but we do not need five thousand (5,000) signs. We need leader road signs at high traffic intersections in the City. She wants to make sure that whatever we do, we do not take away the noticing requirements in terms of snail mail or signs for affected areas. Commissioner Hill spoke about two distinct citizen groups; engaged and not engaged. We have to notice both equally. We have to focus on the non-engaged citizens. Mayor Reeves agreed with Commissioner Hill that communication is going to get better. A resident suggested using the water bill as a way for citizen's to go online to voice their opinion or poll on a particular subject matter. Closing Comments Commissioner Waters stated it is good to hear input from everyone about the issues that the City is tackling. At times citizens get frustrated when government takes longer or seems to be slow moving. It seems to inspire the fiery rhetoric of, "if you do not do something now", "somebody's going to get hurt." She explained that long term planning is what they, as a Commission, are there to do. Commissioner Hill thanked everyone for taking time to attend the meeting on a Saturday and stated that community involvement makes this place the livable City that it is. The community groups Town Hall Meeting Page 6 of7 July 22, 2017 Amended Agenda Item 1C August 28, 2017 that are formed around certain issues are critically important. These are the groups that find out "Vhat is ~?Oing on and the Commission is involved in these groups. Commissioner Harding thanked everyone for attending this meeting on a Saturday. He stated the Town Hall meetings are held quarterly and the next one will be in October. These meetings are good to get information out and to receive input from our residents creating an open line of communication with our citizens. Everything that they do as a Commission is representative ot our residents. Interim City Manager Hogencamp thanked the citizens for coming out on their Saturday. Recently on Facebook our local government has been accused of doing things in secret. He clarified that nothing is done in secret and the City government of Atlantic Beach is transparent. Interim City Manager Hogencamp addressed parking, beach access and pedestrian safety, explaining that the Commission is taking action regarding this issue. He has a list of potential committee members and stated please contact a Commissioner or the Mayor directly if you ar~ interested in that topic. The pedestrian safety issue at 18th Street is an emergency and does not need to wait for this committee, as it is unsafe and is a priority. He asked that the citizens please stay in touch as we continue to do our jobs and strive for opportunities to improve our community. Mayor Reeves thanked everyone for attending the meeting and for the important questions and input. He explained that this Commission is in unison whether they agree or disagree on topics. He mentioned that there will be a meeting regarding Safe Routes to School on Tuesday, July 25th and hoped everyone would come out. Mayor Reeves adjourned the meeting at 12:30 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Town Hall Meeting Page 7 of7 Mitchell E. Reeves Mayor/Presiding Officer July 22, 2017 Amended Agenda Item 1C August 28, 2017 AITACHMENT A 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. 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 City staff and citizen volunteers to provide input and consideration upon several important issues that affect the daily lives of citizens in the community; and WHEREAS, the City Commission deems it to be in the best interests of the citizens of Atlantic Beach to create an advisory committee to review parking and collect parking data, conduct field inspections and make recommendations to the Commission regarding parking issues in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH: SECTION 1. Creation. There is hereby created and established the PARKING ADVISORY RESOURCE COMMITTEE. SECTION 2. Purpose. The purpose of the Parking Advisory Resource Committee is to review and collect parking data, conduct related field inspections, evaluate the data and make recommendations to the Mayor and Commission as to changes and revisions to the current parking system which will eliminate confusion and safety issues. SECTION 3. Membership and Staff Support (a) There will be a total of eleven (11) members on the Committee. The Mayor and Commissioners shall each propose two (2) persons who are residents of the City of Atlantic Beach to serve on the Committee. The eleventh member shall be an elected official whose responsibility will be to chair all meetings of the Committee but not to direct the work of the Committee, and to 00833613-2 Amended Agenda Item 1C August 28, 2017 vote only in the event of a tie between the ten other members. All members shall be appointed by the City Commission. (b) The Committee shall be supported by the following persons: 1. One senior staff member from the Public Works Department, to be selected by the City Manager; 2. One senior staff member from the Public Safety Department, to be selected by the City Manager; 3. One member (past or present) of the Community Development Board, to be selected by the City Commission; and 4. One recording/noticing clerk from the City Clerk's Office, to be selected by the City Clerk. SECTION 4. Scope of Activities. The Committee shall undertake the following activities: (a) Utilize traffic counters to dete1mine demand loads on available parking placed at locations with the City to be determined by the Committee for a period of two (2) months, beginning in August, 2017; (b) Collect data from the counters weekly to fully understand traffic loading and any increases experienced; (c) Collect data twice daily for a one-week period at a midpoint in each time frame to better understand peak periods of traffic loading; (d) Evaluate the data and prepare a written report containing recommendations to modify and improve the safety and efficiency of the cunent beach access parking system and design no later than October 1, 2017, or as soon thereafter as practical; 00833613-2 2 Amended Agenda Item 1C August 28, 2017 (e) Make a presentation of the written report to the City Commission in October, 2017, or as soon thereafter as practical; and (f) Undertake such additional work as requested by the City Manager or City Commission. SECTION 5. Meetings and Notice. The meetings of the Parking Advisory Resource Committee shall be set at regular times and will be open to the public and notice of meetings shall be provided in accordance with state law. SECTION 6. Sunset. The Parking Advisory Resource Committee shall exist and be in place for a six month period beginning on the date of the first meeting of the Committee and, unless extended by the City Commission by further enactment, shall automatically sunset, expire and cease to exist after said six month period. SECTION 7. Effective Date. This Resolution shall take effective immediately upon its final passage and adoption. PASSED AND ADOPTED by the Commission of the City of Atlantic Beach, Florida, this 24th day of July, 2017. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00833613-2 3 Amended Agenda Item 1C 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 City of Atlantic Beach Contribution Awards: Cultural Arts and Recreation Programs FY 2017-2018 Application Guidelines Package 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 CITY OF ATLANTIC BEACH Contribution Awards for arts, recreation, cultural events and programs FY 2017-2018 APPLICATION FORM NOTE: All Applications MUST be Postmarked by 5:00p.m ., September 29 , 2017 GENERAL APPLICANT INFORMATION: Please type or print legibly 1. Name of Organization : Mailing Address :------------------------ City State Zip Contact Person :------------------------ Daytime Phone :------------------------ Evening Phone :------------------------ Email Address(s): ------------------------ 2 . Organization certified as a Florida Non-profit Corporation? Yes D NoD State of Florida Non-Profit 501 (c)(3) Corporation Certification Number _____ _ Federal EIN Number: ----------- 3. Has your organization ever received financial assistance from the City of Atlantic Beach before? Yes D No D If yes, what activities and which fiscal year? 4. Amount requested for FY 2017-2018 $ ___ _ Funds must be used for services or materials directly associated to proposed special event activity that Atlantic Beach residents can benefit from. 5. Title of Proposed Special Event/Prog ram/Service: 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 A g e n d a I t e m 4 A A u g u s t 2 8 , 2 0 1 7 A g e n d a I t e m 4 A A u g u s t 2 8 , 2 0 1 7 A g e n d a I t e m 4 A A u g u s t 2 8 , 2 0 1 7 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 P A A K S , A E C R E AT I 0 N A N D C 0 M M U N I T Y S E R V I C E S D E P A R T M E N T September 7, 2016 MEMORANDUM TO: Greg Pease. Chief Procurement Division FROM: ~Daryl Joseph~ W Director ~ sa> RE: BID CS-0354-1 ~Sports Court Maintenance and Construction Se cond Renewal Recommendation The Parks, Recreation and Community Services Department respectfully recomme nd s approval to utilize the second of three renewal options with Court Surface s, In c. to continue providing sports court maintenance and construction w ith the annual expenditure In the amount of $152,615.00 . The not to exceed maximum Indebtedness will be Increased to $457 ,845 .00. Master Blanket 503690 . Funding will be from vari o us CIP accounts and RPCM011 PG 04 938 . Your assistance in concurring with this recommendation for the respective award would be appreciated. If you have any questions or If further information Is required. please cont act Rene e Harriman (255-8294). DJ/rlh Attachment: Renewal Letter from Court Surfaces, Inc . Latest Award Copy cc: C la ire Stine. Financial Manager Chelsey Renfroe, Purchas ing Analys t 21 11 N. I IO!:.J On Slroe t -<l'"· floor 1 Jcx:ksonvi lte. r-L :~2202 1 Pllono (90<1) '?55·7<,()() 1 r-ox (904) 255 7'>44 1 ~v .col.ne t Agenda Item 4B August 28, 2017 SUBJECT : SPORTS COURT MAINTENANCE AND CONSTRUCTION (R E·BID) BID #: CS-0354-15 OPEN DATE : 2015-01-14 GENE RAL GOVERNMENT AWARDS COMMITT EE KIND AND BASIS OF CONTRACT: CONSTRUCTION SUPPLY-FROM DATE OF AWARD THROUGH SEPTEMB E R 30,2015, WITH THREE (3) ON E (1) YEAR RENEWAL OPTIONS AGENCY : PARKS, RECREATION AND COMMUNITY SERVICES BASIS OF AWARD : TOTAL BASE BID, TO THE LOWEST RESPONSIV E , R ESPONSIBLE BIDDE R NUMBER OF BIDS INVIT ED: ~ NUMBER RECEIVED: ~ OTHER: 1 SUMMARY OF BIDS AND RECOMMENDED ACTIONS: Recommend approval to utilize the second (2) of three (3) renewal options to Court Surfaces, Inc. to continue providing sports court maintenance and construction for the Parks, Recreation and Community Services Department. Period of service will be October 1, 2016 through September 30, 2017 . Total annual expenditure not -to-exceed $152 ,615 .00 for a total maximum indebtedness not -to -exceed $457,845.00. Funding for this award to be encumbered by various CIP and RPCM011 PG-04938, to be executed by purchas e o rder(s ). T his award is subject to appropriation by the City in the fiscal year beg jnning October 1, 2016. No funds have been appropriated to date. The City has no obligation for pa yment and work hereunder is not authorized unless fund s are appropriated for the work herein . A written notification will be provided in the event that funds are a ppropriated . Attachments: Recommendation Memo, Vendor Letter, Terms and Conditions, Sp ecifications , Tabulatio n Results , Previous Awards llalyst: :=¥~ ~ ~HELSEY RENFROE CONCURRENCE BY: Daryl Joseph, Director of Parks, Recreation and Community Services Department (ALL AWARD ACTIONS SUBJECT TO LAWFULLY APPROPRIATED FUNDS) ACTION OF GGAC COMMITTEE ON RECOMMENDATIONS ABOV E L AS APPROVING _3_ MEMBERS DISAPPROVING -f21 DATE: q -6 -',. ' I OTHER : __________________ __ Agenda Item 4B August 28, 2017 CS I LETI Co urr Surfa ce s. In c. Re nee Flarrirnun Cit y of Ja ck sonville 1\ ug ust J I. 20 I (, j.J C· :fv, :t .J:T; .i'X ~l C~.,,O . ~)or'(.":: ?;.'::<:1 10::1.) c;o.'~·20b-C~!I ~-k:ror.:l 'NC':~(?m>-JJl l!:l'J Purks, Rt:crea tio n un d Com mu nity Scr-"i ce s 2 14 N. Hogan Stre et, Fo urt h Floo r J nck so nv i lie , FL 3:!102 Renee Hn rri mon, Court Surface s, In c. reques ts u r e n e w <~! of Conr n.wt #CS -0354 -15 : Sp(lt'tS Court Moin tena nce & Const ru cti on , dated January 27, ~0 I 5. fo r th e peri od of I 0/0 1/!6-09/3 0/17. Coo n Surto ces .lnc. requires no nd ju stm ent tO the Co ntr.Jct Un it Pri ces . We look. forwar d to cont inui ng our wo rk wit h the Cit y o f Ja c kson vil le. I Th ank you. /J r ·) -· '---) t'1. lr'---=-'~ Larry M. Pitts Prc ~ld cn t , l.11ur1 Su rf.l cc5 . I n ~ Agenda Item 4B August 28, 2017 SUBJECT: SPORTS COURT MAINTENANCE AND CONSTRUCTI ON(R E-810) . B ID# C$-0354·15 OPEN DATE: 201 5-01-1 4 GENERAL GOVERNMENT AWARDS COMMITTEE KIND AND BASIS OF CONTRACT: CONSTRUCTION SUPPLY-FROM DATE OF AWARD THROUGH SEPTEMBER 30,2015, WITH THR EE (3} ONE (1) YEAR RENEWAL OPTIONS AGENCY: RECREATION BASIS OF AWARD: TOTAL BASE BID. TO THE !,.OW EST RESPONSIVE. RESPONSIBLE BIDD ER NUMBER OF BIDS INVITED ~ NUMBER RECEIVED ~~ OTHER ! SIJMMABV OF BIOS AND RECOMMENDED ACTIONS ; Recommond approval to ratify period of service from October 1, 2015 through da ta of a ward . Recommend approval to ullllze the First Renewal Oplion to Court Surfaces, Inc ., In th e annual e xp enditure amount ol $152,615.00. Period ol service will be from dale of award through Seplembet 30, 2016, with two (2) ana (1) ye ar renewal options remaining . Total revised e&limatad expenditure not·to·exceed $305 ,2.30.00. This award to be funded by account: APCM011PG·04938 to be processed by Purchase Order(s). Attachments: Recommendation Memo, Vendor Letler, PravlouG Award CONCURRENCE BY: Darvl Jo!!eph. Dlres:tor. Pnrks. Recreation and Commynltv Serv l cee p epartm eot (ALL AWARD ACTIONS SUBJECT TO LAWFU ~LY ~PPAOPRI ATED FUNDS} ACTI(){U)F GGAC COMMITIEE ON RECOMMENDATIONS ABOVE J<> APPROVING ~ MEMBERS DISAPPROVING ___ DATE: to-2-9-_!d. OTHER :. ______________ _ Agenda Item 4B August 28, 2017 SUBJECT: SPORTS COURT MAINTENANCE AND CONSTRUCTION{R E·BIO) 81011 CS.03 54-15 OPEN D AT E : 2015-01-1 4 GE NERAL GOV ERNM E NT AWAR DS COMMI TT EE KINO AND BASIS OF CONTRACT: CONSTRUCTION SUPPLY-FROM DATE OF AWARD THROUGH SEPTE MB ER 30, 2015, Willi TH REE (3) ONE (1) YEAR RENEWAl OPTIONS AGENCY : RECR EATION BASIS OF AWARD: TOTAL BASE BID. TO THE bOWE§T f!E*PONSIVE, RESPON SIBL E BIDD ER NUMBER OF BIOS INVI TE D ;} NUMBER R ECEIVED ~ OTHE R ! SUMMARY OF BIDS AND RECOMMEN DE D ACTIONS: Recommend approval ol award to Court Sur1aco9, Inc., as the lowes t re sponsive, tosponsibl e bidder fo r th e Iota! b ase b id n the amount of Sl52,61 5 .00. Funding lor I his award to be encumbered by account: RPCM01 I PG ·04938 lo b e executed by Purchas e Ord or(s ). Attachments: Recomme ndation M emo. Bld TabulaUo11 Sheet, Basis of Award/Contract Term s. Sc ope ol Work BUYER: II ~IJ.{) -kettd//t RES P ECTFU LLY SUBM TTE O:_, /kvv !'J\ JJ /~-; GR ~ PEA 'I E. CHIE F f 1 t _, PR ENT DfV JSI ON CO NC U RR EN CE BY: Sh erry W ils on, Ch ief. Rec rea tion and Com mun ity Programmi ng Di v i si on {ALL A WA PIJ A CTIONS SU W ECT TO L.AW RJLLY A PPROPR I ATE D F U~) \ . ACTIOO OF GGAC COMMITTEE O N RECOM MEND ATIONS ABOV E ""' ( ..- PROVING b1 M EMBERS DI SA PP ROVIN G' ____ DATE : 0 ~ 1S D IS AP PRO V ED _ SI GN A nJRE O F AUTH EN TIC ATI O N O'TH ER:_. ______ _ Cle ~nd F Et~TI USOO Ill Deouty Cb!e f Adm ll'l l;flative O ffi ce r For: MayOf Alvi n Brown ~~ ExOOJtive Ord er No. 2015-\7 1 FO AM GB-10 0, Aev i Ud 121'2 ll07 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 US ER CODE 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 F9-LINK .00 .0 0 .0 0 .00 .0 0 .00 .00 .00 .00 466,375.77 466,375 .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 FlO -PRIOR-MO Fl l -NEXT -MO 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 R eques tf p or urc h ase Od f C rtSrf r er or ou u aces, nc City of Jacksonville Contract CS-0354-15: Sport Court Maintenance and Construction 2015 Location R uss ell Park No. of courts 2 Date 6/14 /17 Ad dress 80 0 Seminole Rd. Atla ntic B ea ch , FL 32233 Type rebuild Contact City of At lantic Beac h Phone Surface d no P .O.# Item Description Unit Estimated Unit Cost Total Cost No Quanity 1 Sport Court Re-Surfacing SY $7.10 2 Sport Court Surfacing SY 1440 $8.80 $12 ,672 .00 3 Sport Court Leveling SY $7 .00 4 Sport Court Re-Striping EA $2.00 5 Sport Court Striping 2 set s of pic kleb alllines EA 35 6 $2 .50 $890.00 6 Concrete Court (Portland Cement , 5" depth) SY $38 .80 7 Concrete Court (Portland Cement , Additional1" depth) SY $5 .50 8 Concrete Court (Asphaltic, Finish Type Ill or FC-12 .5, 1" SY 2160 $12.50 $2 7,0 00.00 depth) 1 .5" dep t h 9 Concrete Court (Asphaltic, Structural-SP -1, SP-12 .5 or SY $9.40 ABC-3, 1" dej>th) 10 Stabilize Subgrade (12" depth) SY $6 .00 11 Limerock (4" depth) SY $8 .50 12 Limerock (additional1" depth) SY $1.90 13 Over-Excavation CY $20 .00 14 A-3 Fill (Contingency, Delivery, Hauling & Placement CY $13 .00 15 No. 57 Stone (Delivery, Hauling and Placement CY $40 .00 16 Asphaltic Concrete Removal CY $34.00 17 Portland Cement Concrete Removal CY $47 .00 18 Asphalt Milling (1" depth) SY $9 .90 19 Pressure Washing SY $0.50 20 Grass Sod (St. Augustine) SY $7 .00 21 Grass Sod (Bahia) SY $6.20 22 Seed and Mulch SY $5 .00 23 Mise Court Furnishing (Labor, 2 man crew) See A p p endix 1 HR 230 $44 .00 $10,120.00 24 Mise Court Furnishing (Material(s)) See Ap p en d ix 2 EA 14050 1.20 $16,860 .00 25 Mise Court Furnishing (Equipment , $100 rental cost incl EA 11 1.3 $100 $1 1,130 .00 operator) See Ap p end ix 3 26 Project Records (per project site) EA 1 $100 $10 0 .00 Total Base Bid {Items 1 -30) $78,772 .00 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 R eques tf p or urc h ase r er or au u aces, Od f C rtSrf nc City of Jacksonville Contract CS-0354-15: Sport Court Maintenance and Construction 2015 LocaUon COAB ·Ru sse ll Park Te nn is 3 & 4 No. of courts 2 Date 8/1 1117 Address 800 Semi no le Rd . A tlanti c Beach , F L 32233 Type t enni s Conla<:t Ji m Ri gsbee Phone Surfaced yes P.O.# Item Description Unit Estimated Unit Cost Total Cost No Quanity 1 Sport Court Re-Surfacing SY 1440 $7 .10 $1 0,224.00 2 Sport Court Surfacing SY $8 .80 3 Sport Court Leveling SY 23 2 $7 .00 $1,624.0 0 4 Sport Court Re-Striping EA $2.00 5 Sport Court Striping EA $2.50 6 Concrete Court (Portland Cement, 5" depth) SY $38 .80 7 Concrete Court (Portland Cement, Additional 1" depth) SY $5.50 8 Concrete Court (Asphaltic, Finish Type Ill or FC-12.5, 1" SY $12.50 depth) 9 Concrete Court (Asphaltic, Structural· SP-1, SP-12.5 or SY $9.40 ABC-3, 1" depth) 10 Stabilize Subgrade (12" depth) SY $6 .00 11 Limerock (4" depth) SY $8.50 12 Limerock (additional1" depth) SY $1 .90 13 Over-Excavation CY $20.00 14 A-3 Fill (Contingency, Delivery, Hauling & Placement CY $13.00 15 No. 57 Stone (Delivery, Hauling and Placement CY $40.00 16 Asphaltic Concrete Removal CY $34.00 17 Portland Cement Concrete Removal CY $47.00 18 Asphalt Milling (1" depth) SY $9.90 19 Pressure Washing SY $0.50 20 Grass Sod (St. Augustine) SY $7.00 21 Grass Sod (Bahia) SY $6 .20 22 Seed and Mulch SY $5 .00 23 Mise Court Furnishing (Labor, 2 man crew) Se e A pp en d i x 1 HR 90 $44.00 3,96 0.00 24 Mise Court Furnishing (Material(s)) Se e A p pen d ix 2 EA 583 3 1.20 $6,9 99 .60 25 Mise Court Furnishing (Equipment, $100 rental cost incl EA 0 $100 operator) See Ap(!_e ndi x 3 26 Project Records (per project site) EA 1 $100 $10'0 .00 Total Base Bid (Items 1 -30) $22 ,90 7 .60 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 Amended Agenda Item 6A August 28, 2017 AGENDA ITEM: SUBMITTED BY: DATE: SUMMARY: CITY OF ATLANTIC BEACH CITY COMMISSION AUG. 28, 2017 STAFF REPORT Resolution No. 17-09 Establishing Appointments to the Environmental Stewardship Committee Kevin Hogencamp, Deputy City Man ~ Aug. 17, 2017 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 of their district who will be serving three-year terms (vs. four for their at-large appointees). Those prospective appointees are: MAYORMITCHREEVES (Seat 1): Linda Chipperfield Bonnie Hansen (three-year term) Judith Leroux (three-year tetm) COMMISSIONER JOHN STINSON (Seat 2): Aurelie Drexler (District resident; three-year tetm) Alan Ennis COMMISSIONER BLYTHE WATERS (Seat 3): Bruce Andrews Chip Drysdale (District resident; three-year tetm) COMMISSIONER JIMMY HILL (Seat 4): Myron Blankenbaker Don Ford (District resident; three-year tetm) COMMISSIONER MITCH HARDING (Seat 5): Sarah Andrews Dark Dawn Scott (District resident; three-year tetm) Amended 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: Y et-ta-be-determined ATTACHMENT: Ordinance No. 5-17-64 creating the Environmental Stewardship Committee and Tree Subcommittee Amended Agenda Item 6A August 28, 2017 RESOLUTION NO. 17-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPOINTING THE INAUGURAL MEMBERS OF THE ENVIRONMENTAL STEWARDSHIP COMMITTEE; PROVIDING TERMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission recognizes the economic and intrinsic value of the City of Atlantic Beach's natural environment; and WHEREAS, the City Commission has recognized the need to establish a committee to help in protecting the City's natural environment; and WHEREAS, the City Commission has adopted Ordinance No. 5-17-64, creating the Environmental Stewardship Committee and providing for membership on the Committee; and WHEREAS, the City Commission now desires to appoint the inaugural members of the Environmental Stewardship Committee and establish the terms for the inaugural members on the Committee, all in accordance with Ordinance No. 5-17-64. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH: SECTION 1. Inaugural Members and Terms. The following persons are hereby appointed to serve as the inaugural members of the Environmental Stewardship Committee, for the terms to begin upon passage of this Resolution and ending on the dates as shown below: a. Mayor Reeves appointees (all {/at large"): 1. Judith Leroux-four year term ending December 31, 2021; 2. Bonnie Hansen-three year term ending December 31, 2020; and 3. Linda Chipperfield-three year term ending December 31, 2020. b. Commissioner Harding appointees: 1. Dawn Scott-District 1312 resident, three year term ending December 31, 2020; and 00856549-1 Amended Agenda Item 6A August 28, 2017 2. Sarah Andrews Dark-at large appointee, four year term ending December 31, 2021. c. Commissioner Stinson appointees: 1. Aurelie Drexler, District 1308 resident, three year term ending December 31, 2020;and 2. Alan Ennis, at large appointee, four year term ending December 31, 2021. d. Commissioner Waters appointees: 1. Chip Drysdale, District 1307 resident, three year term ending December 31, 2020;and 2. Bruce Andrews, at large appointee, four year term ending December 31, 2021. e. Commissioner Hill appointees: 1. Don Ford, District 1306 resident, three year term ending December 31, 2020; and 2. Myron Blankenbaker, at large appointee, four year term ending December 31, 2021. SECTION 2. Effective Date. This Resolution shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED by the Commission of the City of Atlantic Beach, Florida, this_ day of August, 2017. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00856549-1 2 Amended 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 Amended 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 Amended 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 Amended 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 1 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 1 At Large Seat 5 Commissioner ( 4 years 1 ( 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 of 10 Amended 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 Amended 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 Amended 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 (D BH) 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 of 10 Amended 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 of 10 Amended 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 Amended 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 Amended Agenda Item 6B August 28, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION AUG. 28, 2017 STAFF REPORT AGENDA ITEM: Resolution No. 17-10 appointing the members ofthe Parking and Pedestrian Safety Advisory Resource Committee SUBMITTEIJ BY: Kevin Hogencamp, Deputy City Manage@ DATE: Aug. 22, 2017 SUMMARY: At the City Commission's July 24, 2017 meeting, the attached resolution (No. 17-08) creating the Parking and Pedestrian Safety Advisory Resource Committee was approved. The mayor and city commissioners have since identified their prospective committee appointees. They are: MAYOR MITCH REEVES (Seat 1): Kim Reich and Michael Tari COMMISSIONER JOHN STINSON (Seat 2): Jennifer Lagler and Nancy Whittington COMMISSIONER BLYTHE WATERS (Seat 3): Greg Kupperman and Woody Winfree COMMISSIONER JIMMY HILL (Seat 4): Terry Essick and Paula 0 'Bannon COMMISSIONER MITCH HARDING (Seat 5): Dale Wappes and Dennis Winkelman RECOMMENDATION: Approve Resolution No. 17-10 appointing the members of the Parking and Pedestrian Safety Advisory Resource Committee. BUDGET: Yet-to-be-dete1mined ATTACHMENT: Resolution 17-08 Proposed Resolution No. 17-10 APPROVED BY: fk A. Joe ~ty, City M~ Amended Agenda Item 6B August 28, 2017 RESOLUTION NO. 17-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CREATING A PARKING/PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE; PROVIDING FOR PURPOSE, MEMBERS AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; AND PROVIDING FOR SUNSET OF COMMITTEE 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 City staff and citizen volunteers to provide input and consideration upon several important issues that affect the daily lives of citizens in the community; and WHEREAS, the City Commission deems it to be in the best interests of the citizens of Atlantic Beach to create an advisory committee to review parking and collect parking data, conduct field inspections and make recommendations to the Commission regarding parking issues and pedestrian safety in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH: SECTION 1. Creation. There is hereby created and established the PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE. SECTION 2. Purpose. The purpose of the Parking and Pedestrian Safety Advisory Resource Committee is to review and collect parking data, conduct related field inspections, evaluate the data and make recommendations to the Mayor and Commission as to changes and revisions to the cunent parking system and pedestrian safety which will eliminate confusion and safety issues. SECTION 3. Membership and Staff Support (a) There will be a total of eleven (11) members on the Committee. The Mayor and Commissioners shall each propose two (2) persons who are residents of the City of Atlantic Beach to serve on the Committee. The eleventh member shall be Mayor Pro Tern whose responsibility 00833613-2 Amended Agenda Item 6B August 28, 2017 will be to chair all meetings of the Committee but not to direct the work of the Committee, and to vote only in the event of a tie between the ten other members. All members shall be appointed by the City Commission. (b) The Committee shall be supported by the following persons: 1. One senior staff member from the Public Works Department, to be selected by the City Manager; 2. One senior staff member from the Public Safety Department, to be selected by the City Manager; 3. One member (past or present) of the Community Development Board, to be selected by the City Commission; and 4. One recording/noticing clerk from the City Clerk's Office, to be selected by the City Clerk. SECTION 4. Scope of Activities. The Committee shall unde1iake the following activities: (a) Utilize traffic counters to dete1mine demand loads on available parking placed at locations with the City to be determined by the Committee for a period of two (2) months, beginning in August, 2017; (b) Collect data from the counters weekly to fully understand traffic loading and any increases experienced; (c) Collect data twice daily for a one-week period at a midpoint in each time frame to better understand peak periods of traffic loading; (d) Evaluate the data and prepare a written rep01i containing recommendations to modify and improve the safety and efficiency of the cunent beach access parking system and design no later than October 1, 2017, or as soon thereafter as practical; 00833613-2 2 Amended Agenda Item 6B August 28, 2017 (e) Make a presentation of the written report to the City Commission in October, 2017, or as soon thereafter as practical; and (f) Undertake such additional work as requested by the City Manager or City Commission. SECTION 5. Meetings and Notice. The meetings of the Parking and Pedestrian Safety Advisory Resource Committee shall be set at regular times and will be open to the public and notice of meetings shall be provided in accordance with state law. SECTION 6. Sunset. The Parking and Pedestrian Safety Advisory Resource Committee shall exist and be in place for a six month period beginning on the date of the first meeting of the Committee and, unless extended by the City Commission by further enactment, shall automatically sunset, expire and cease to exist after said six month period. SECTION 7. Effective Date. This Resolution shall take effective immediately upon its final passage and adoption. PASSED AND ADOPTED by the Commission of the City of Atlantic Beach, Florida, this 24th day of July, 2017. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00833613-2 3 Amended Agenda Item 6B August 28, 2017 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 FOR TERMS OF SAID MEMBERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission did pass and adopt that certain Resolution No. 17-08 creating a Parking and Pedestrian Safety Advisory Resource Committee; and WHEREAS, Resolution No. 17-08 provides for appointment of the ten members of the Committee by the City Commission; and WHEREAS, the eleventh member of the Committee shall be the Mayor Pro Tern, as set forth in Resolution 17-08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH: SECTION 1. Members Appointed. In addition to the Mayor Pro Tern (as same may change from year to year), the following persons are hereby appointed as members of the Parking and Pedestrian Safety Advisory Resource Committee, in accordance with Resolution 17-08: 1. Mayor Reeves -Kim Reich and Michael Tari; 2. Commissioner Harding-Dale Wappes and Dennis Winkelman; 3. Commissioner Stinson-Nancy Whittington and Jennifer Lagler; 4. Commissioner Hill-Paula O'Bannon and Terry Essick; and 5. Commissioner Waters-Woody Winfree and Greg Kupperman. SECTION 2. Terms. The terms ofthe members ofthe Committee appointed in Section 1 hereof shall expire simultaneously with the sunsetting of the Parking and Pedestrian Safety Advisory Resource Committee. 00856585-1 Amended Agenda Item 6B August 28, 2017 SECTION 3. Effective Date. This Resolution shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED by the Commission ofthe City of Atlantic Beach, Florida, this_ day of August, 2017. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00856585-1 2 AGENDA ITEM: CITY OF ATlANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Russell Park Tennis Court Reconstruction SUBMITIED BY: ~~a ~Av:~l.-~ Scott Williams, Interim Public Works Director # zf),_, ' DATE: August 23, 2017 BACKGROUND: Staff has obtained quotes for the milling and Resurfacing 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 11Sport Court Maintenance and Construction." The scope of work will include the following: Remove the existing fence on tennis court 5 & 6 on all three sides along 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 asphalt 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 vinyl 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. Repair of Courts 3 & 4: Mill & Resurface Courts 5 & 6: TOTAL PRICE FOR COURTS 3, 4, 5 & 6: $ 22,907.60 $ 78J72.00 $101,679.60 RECOMMENDATION: Approve Resolution No. 17-11 authorizing the City Manager to sign an agreement 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 $101,679.60. ATIACHMENTS: 1. Proposed Resolution No. 17-11 BUDGET: 2. City of Jacksonville Sport Court Maintenance and Construction bid. 3. Price quote for Courts 5 & 6 4. 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: --G=u-~-~).L__4-----I-------- Amended Agenda Item 6C August 28, 2017 RESOLUTION NO. 17-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT PIGGYBACKING ON CITY OF JACKSONVILLE CONTRACT CS-0354-15 DATED 2015 "SPORT COURT MAINTENANCE AND CONSTRUCTION" AND APPROVED A PURCHASE ORDER FOR $101,679.60 ON BEHALF OF THE CITY OF ATLANTIC BEACH. WHEREAS, City of Atlantic Beach staff has obtained quotes for the milling and resurfacing of tennis courts 5 & 6, and the leveling and resurfacing of Courts 3 & 4, at Russell Park; WHEREAS, the City desires to piggyback on City of Jacksonville Contract CS-0354-15 dated 2015 "Sport Court Maintenance and Construction"; and WHEREAS, the current year (FY-2017) budget includes $125,000 in Parks Maintenance account 131-6020-572-6300 for Project PM1704-Russell Park Tennis Comis; NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Manager is hereby authorized to sign an agreement piggybacking on City of Jacksonville Contract CS-0354-15 dated 2015 "Sport Court Maintenance and Construction" and approve a purchase order for $101,679.60 on behalf of the City of Atlantic Beach. SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PAS SED AND ADOPTED by the City of Atlantic Beach, this 28th day of August, 2017 Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Amended Agenda Item 6C August 28, 2017 P A A K S, A E C R E A T I 0 N A N D C 0 M M U N I T Y S E R V I C E S D E P A R T M E N T September 7. 2016 MEMORANDUM TO: Greg Pease. Chief Procurement Division FROM: ~Daryl Joseph~ W Director ~ sa> RE: BID CS-0354-l~Sports Court Maintenance and Construction Second Renewal Recommendation The Parks. Recreation and Community Services Department respectfully recommends approval to utilize the second of three renewal options with Court Surface s, Inc . to continue providing sports court maintenance and construction with the annual expenditure In the amount of $152.615.00. The not to exceed maximum Indebtedness will be Increased to $457,845 .00. Master Blanket 503690. Funding will be from various CIP accounts and RPCM011 PG 04938 . Your assistance In concurring with this recommendation for the respective award would be appreciated. If you have any questions or If further information Is required. please contact Renee Harriman (255-8294). ' DJ/rlh Attachment: Renewal Letter from Court Surfaces, Inc . Latest Award Copy cc: Claire Stine. Financial Manager Chelsey Renfroe. Purchasing Analyst 2111 N. I Ionon Slr ,'Je t -<l•r. floor 1 Jockson viil e . f.L 32202 1 Pllono (904) ?55 ·7',00 1 f-o x (9()cl ) 255 · 7'144 1 www.coJ.net Amended Agenda Item 6C August 28, 2017 SUBJECT : SPORTS COURT MAINTENANCE AND CONSTRUCTION (RE·BID) BID #: CS-0354·15 OPEN DATE: 2015-01 ·14 GENERAL GOVERNMENT AWARDS COMMITTEE KIND AND BASIS OF CONTRACT: CONSTRUCTION SUPPLY-FROM DATE OF AWARD THROUGH SEPTEMBER 30,2015, WITH THREE (3) ONE (1) YEAR RENEWAL OPTIONS AG ENCY : PARKS, RECREATION AND COMMUNITY SERVICES BASIS OF AWARD: TOTAL BASE BID, TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER NUMBER OF BIDS INVITED: ;! NUMBER RECEIVED: ;! OTHER: ! SUMMARY OF BIDS AND RECOMMENDED ACTIONS: Recommend approval to utilize the second (2) of three (3) renewal options to Court Surfaces, Inc. to continue providing sports court maintenance and construction for the Parks, Recreation and Community Services Department. Period of service will be October 1, 2016 through September 30, 2017 . Total annual expenditure not-to-exceed $152,615.00 for a tota l maximum indebtedness not-to-exceed $457,845.00. Funding for this award to be encumbered by various CIP and RPCM01 1 PG-04938, to be executed by purchase order(s). This award is subject to appropriation by the City in the fiscal year beginning October 1, 2016. No funds have been appropriated to date. The City has no obligation for payment and work hereunder is not authorized unless funds are appropriated for the work herein. A written notification will be provided in the event that funds are appropriated. Attachments: Recommendation Memo, Vendor Letter, Terms and Conditions, Specifications, Tabulation Result s , Previous Awards cy~ alyst: ~ ~HELSEY RENFROE CONCURRENCE BY: Daryl Joseph, Director of Parks, Recreation and Communit'l Services Department (ALL AWARD ACTIONS SUBJECT TO LAWFULLY APPROPRIATED FUNDS) ACTION OF GGAC COMMITTEE ON RECOMM~NDATIONS ABOVE ! AS APPROVING _3._ MEMBERS DISAPPROVING --¢-DATE: q -6 -i_ , I OTHER: __________________ __ 1 '1 1 .i·UJ Amended Agenda Item 6C August 28, 2017 C SI LElJ Covn Sv rface s. In c. Re nee Harrimun C ity of Jackson vill e August J l. 20 I 6 Pnrks, Recreatio n und Comm unity Se rvice s 214 N . Hogan Strl'e t, Fo urt h Floo r J n~k s onv i llc. FL 32:!02 R -e nee Hnrriman, ~ ~· ~' ~~.w~· )':J.:;.3c:'\.,Jo. nor·~-~ ;;:'1 JIXI.) (Y0-1\ '20b-(;."...13 t.J,:ror..:l \A..~·. (.'..cm-JJ l i "!2J C ourt Surfaces, In c. req ue s ts u rene II'<~ I of Contract #CS -035~-1 :i ; SpN'tS Court M ain te nance & Construc ti on, d a t.:d Janu ary 2 7 , ,20 15. fo r th e p er io d of I 0/01/!6 -09/30/17 . Coun Surto ces.l nc . require s no odj usun ent to the Co nt roct Un it Pri ces. We look. fo rwar d to contin uin g our wo rk w ith the City of Jacksom·ill e . 1 Th ank you. c:; .. G=L-- L:rnv M. Pitt s Prc ~l d~nl , (IIUI'I Sur(ace5. In ~ Amended Agenda Item 6C August 28, 2017 SUBJ ECT; SPORTS COURT MAINTENANCE AND CONST RUC TION (R E·BID) . BID# C5-0354·15 OPEN DATE: 2016 -01-1 4 GENERAL GOVERNMENT AWARDS COMMITTEE KIND AND BASIS OF CONTRACT: CONSTRUCTION SUPPLY· FROM DATE OF AWARD THROUGH SE PTEMB ER 30,2015, WITH THR EE (3) ONE (1) YEAR RENEWAL OPTIONS AGENCY : RECR E ATION BASIS OF AWARD: TOTAL BASE BID. TO THE LOW EST RESPONSIVE. RE SPQNSIB !,..E BIDD ER NUMBER OF BIDS INVITED ~ NUMBER RECEIVED ~~ OTHER 1 SUMMARY OF BIDS AND BECOMMENQEP ACTION S; Recommend approval to ratify period of service from October 1, 2015 th rou g h da te of a ward . Recommend approval to ullllze the First Renewal Option to Court Surfaces, Inc ., In th e ann ua l expenditure amount ol $152,615.00. Period of service will be from date of award through September 30, 2016, with two (2) one (1) year re newal options remaining. Total revised estimated expenditure not-to-exceed $305,2.30.00. I This award to be funded by account: RPCM011PG·04938 to be processed by Purchase Order(n). Attachments : Recommendation Memo, Vendor Letter. Prevlou G Award CONCURRENCE BY: Darvl Joeeph, Dlres;tor . Park !!, Recrea llon and Commyni!Y Servic es Deeartmgnt (ALL AWARD ACTIONS SUBJECT TO LAWFU d LY AP PROPRIATE D FUND S} ACfiQN..OF GGAC COMMITTEE ON RECOMMENDATIONS ABOVE J« APPROVING ~ MEMBERS DISAPPROVING_· __ D ATE: \0:2-Cf-_=~. OTHER:. ____________ __ APPROVED ____ ~----------DBAPPAOVED _________ ~~~- OTHEA SIGNA nJAE OF AUTHENTICATION ---"~4W--II--Io'-=-\f-..IUL.--\-{j,p.L:I.~ Sam E. Mousa ---; · sll'9 th e Offi cer · Fo r: MDyo r Lenny Curry 11 1"do t Alllherlf tt-y r'110f~'-. --- E><ecutlve Order No. 2015-0 S FO RM GB-1 Ga, RoviP !Kf 1212007 Amended Agenda Item 6C August 28, 2017 SUBJECT: SPORTS COURT MAINTENANCE AND CONSTRUCTION(RE·BI O) BID# CS.0354-15 OPEN DATE: 201 5-01·14 G ENERAL GOVERNM E NT AWAR DS COMMITTE E KIND AND BASIS OF CONTRACT: CONSTRUCTION SUPPLY· FROM DATE OF AWARD THROUGH SE PTEMBER 30, :.!015, WITH THREE (3) O NE (1) YEAR RENEWAL OPTlONS AGENCY: RECREATION BASIS OF AWARD: TOTAL BASE BID. TO THE LOWEST RESPONSIVE , RESPONSIBLE BIDDER NUMBER OF BIDS INVITED ~ NUMBER RECEIVED ~ OTHER ! SUMMAR'{ OF BIDS AND RECOMMENCED ACTIONS: Recommond approval ol award to Court Sur1acoo, Inc., ae lha lowest re epons1vo, responsibl e b1dder for th e total base bid n the amount ol Sl52,815.00. Fundlng lor this awan:lto be encumbered by account: APCM01 t PG·04938 to bo e Meculed by Purchase Ordor(s). Attachm ents: Recommendation Memo. Bid TabulaUon Sheet, Basts ol Award/Contract Terms. Scope ol Work (ALL AW A flD A CTION S SUWECTTO L AWFUL L Y A PPROPR I ATE O F U ~) \ . ACTIQ.:! OF GGAC COMMITTEE ON AECOMMEND ATlONS ABOV E .......,...., f ~ PROVING ._...:f. MEMBERS DISAPPROVING '___ DAT E: __.,Q""'_,_....:::~::;.;:::::..-.~h_,_;>_ D IS APP PO V EO SIGN ATUA EOFAUTHEN TIC ATION -~ ~ OT HER ~ O'Tl-I ER : ________ _ Cle Yeia nd F f1111USOO liJ Deovty C h ie f Adm ln i ;ll:a tive Officer For: MayOt' Alvi n Brown Uodcc A.t lfholiwtyy;giF.f:--- Executi ve Ord er No . 2015-01 FOAM GB-10 0, Aa•laed 12f.Z 007 Amended Agenda Item 6C August 28, 2017 QWS3 2 7 0X 9/8/2016 2:2 2 PM FAML6350 VS.1 ** N~l COJ FAMIS PRODUCTION ** LINK TO: ACCOUNT SUMMARY INQUIRY FISCAL MO/YEAR I NDEX COD E SUBOBJECT P ROJE CT PROJE CT DETAIL GRANT GRANT DET AI L USER CODE 01 2017 RPCM011PG 04938 CURRENCY COD E PLAYGROUNDS & CENTERS MISCELLANEOUS SERVICES & CHARGES 0 9/08 /201 6 2 :19 PM s OCT 2 016 ANNUAL BALANCE AL L YEJl.RS BA LAN CE ESTIMATED REVENUE S REVENUES UNREALIZED REVENUES BUDGET EXPENDITURES ENCUMB RANCES PRE -ENCUMBRANCES REMAINING BALANCE F l -HELP F2 -SELECT F9-LINK .00 .00 .0 0 .00 .0 0 .00 .00 .00 .0 0 466,375.77 466,375.77 46 6,3 75 .77 -307.97 -307.97 -307 .9 7 99,900 .97 9 9 ,900 .9 7 99 ,9 00 .9 7 900 .00 90 0 .00 90 0 .0 0 365,882 .77 365,882 .77 36 5 ,882 .7 7 F4-PRIOR FS-NEXT FlO -PRIOR -MO Fl l-NEXT -MO Amended Agenda Item 6C August 28, 2017 Court Surfaces, CS-0354-15 Inc. 1---...,.------i 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 Amended Agenda Item 6C August 28, 2017 R eques tf p or urc h ase Od f C rtSrf r er or ou u aces, nc City of Jacksonville Contract CS-0354-15: Sport Court Maintenance and Construction 2015 Locatlon Russell Park No . of courts 2 Dete 6/14 /17 Address 800 Semin o l e Rd . Atlantic Bea ch , FL 32233 Type rebuil d Con tact City of At lant ic Be ac h Phone Surfaced no P .O .# Item Description Un it Estimated Unit Cost Total Cost No Quanity 1 Sport Court Re-Surfacing SY $7 .10 2 Sport Court Surfacing SY 1440 $8 .80 $12,672.00 3 Sport Court Leveling SY $7.00 4 Sport Court Re-Striping EA $2 .00 5 Sport Court Striping 2 set s of p ic k l eballl i n es EA 356 $2 .50 $890.00 6 Concrete Court (Portland Cement, 5" depth) SY $38.80 7 Concrete Court (Portland Cement, Additional1" depth) SY $5.50 8 Concrete Court (Asphaltic, Finish Type Ill or FC-12 .5, 1" SY 2160 $12.50 $27,0 00.00 depth) 1 .5" dep t h 9 Concrete Court (Asphaltic , Structural -SP-1, SP-12 .5 or SY $9.40 ABC -3 , 1" depth) 10 Stabilize Subgrade (12" depth) SY $6 .00 11 Limerock (4" depth) SY $8 .50 12 Limerock (additional1 " depth) SY $1.90 13 Over-Excavation CY $20 .00 14 A-3 Fill (Contingency, De livery, Hauling & Placement CY $13 .00 15 No. 57 Stone (Delivery, Hauling and Placement CY $40.00 16 Asphaltic Concrete Removal CY $34.00 17 Portland Cement Concrete Removal CY $47.00 18 Asphalt Milling (1" depth) SY $9 .90 19 Pressure Washing SY $0 .50 20 Grass Sod (St. Augustine) SY $7.00 21 Grass Sod (Bahia) SY $6.20 22 Seed and Mulch SY $5.00 23 Mise Court Furnishing (Labor, 2 man crew) Se e A p p endi x 1 HR 2 30 $44 .00 $1 0,120.00 24 Mise Court Furnishing (Material(s)) See Ap p en dix 2 EA 14 050 1.20 $16,8 60.0 0 25 Mise Court Furnishing (Equipment , $100 rental cost incl EA 111.3 $100 11,130 .0 0 operator) See Appe nd ix 3 26 Project Records (per project site) EA 1 $100 $100 .00 Total Base Bid (Items 1 -30) $78 ,772 .0 0 Amended Agenda Item 6C August 28, 2017 CSI-Request for Purchase Order Page Two Notes : P .O . Ru ssell Par k 6/14 /17 0 Reb u ild Courts 5 a nd 6 after Cit y rem oves b olyard s at the ent rance t o t ho se c ourt s - remove e x is iting f ences (on t hree s ides ) net p o st ba s es a nd cent er an cho rs , c ru s h in p l ac e t he existing as p ha lt t he c ourts are m ade of , c o m p act an d grad e t he area t o p roper sl o p e, pav e wit h 1.5" as p h alt , s aw c ut the ed g es of the as p h al t i n p rep aratio n f or t he i nstall ation o f n ew 10' h i gh g ree n v i nyl 9 guag e fe nce w it h t op, m id an d bot t o m ra il t hroug h o u t , Inst all two n ew set s of net post s b ases w it h s lee ves a n d t wo cent er anc hors , i nstall t wo s ets of ex t ernal w i nd net post s , In stall t w o n e t e nnis nets w it h ce nt er strap s, ap p ly an extra c oat of ac ryl i c res u rface r re qui red b y t h e m an u f ac tu rer, st an dard c o l o r s urfac e and p l ayi ng lines f o r two t e n n i s col!rts and two set s of pi c k l eb all l ines o nto t h e t enn i s cou rts . Preconstruction Picture(s) Construction Picture(s) Post Construction Picture( s) Amended Agenda Item 6C August 28, 2017 CSI -Request for Purchase Order Page Three d L # Aooen ix 1 -ine 27 Labor Detail Mise Court Furnishing (Labor, 2 man crew) Rem ove tw o s ets o f net p o st bases and two anchor post an d d is p o s e of prop er ly Rem o v e and i nstall new 9 guage green v i nyl fenc e w it h t op, midd le and b ottom rail a nd o ne 6'w ide o pe n i ng I ns t all two net p o s t bas es w it h sleev es an d two a ncho r post s, two set s of extern a l wi nd n et p o sts and t w o te n n i s net s w it h ce nt er s t r ap s Saw cut t he ed ges of t h e as p ha lt t o s t r ai g h ed g es for proper i nst allat ion of f en ce . A p p ly a n ad d iti ona l coat o f acrylic r esu rfa cer r eq u i r ed f or 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 0 "I eta1 Mise Court Furnishing (Labor, 2 man crew) Rem ov e two s et s of net p o st bases an d t wo anc hor po st an d d ispose of properl y Re m o ve and i ns t a ll new 9 g uage g reen v i ny l f en ce w it h top, midd le a nd botto m r ail a nd o ne 6 'w id e openin g Install two n et p o st b as es w it h sleev es and two anc ho r p o sts, two s ets of externa l w i nd net p o sts an d two te n n i s n et s with c e nter straps Saw c ut t he edges of t he as p halt t o s t ra igh e d g es for p r o per i nst allat ion of f ence. App ly a n addit io nal coat o f ac r yl i c r esu rfa cer re qu i r ed f o r new as p halt by t he manuf acturer 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 4 $44 .00 13 $44 .00 $44.00 23 0 $44 .00 375.00 1.2 10769 1.2 1518 1.2 380 1.2 1008 1.2 1.2 1405 0 1.2 Rus se ll Par k 06/14/17 0 $1 ,100.00 $6,996 .00 $836.00 $61 6.00 $572 .00 $0.00 $1 0 ,120 .0 0 $45 0 .00 $12 ,922.80 $1,82 1.60 $45 6.00 $1,209 .6 0 $0 .00 $16 ,86 0.00 Amended Agenda Item 6C August 28, 2017 Appendix 3 -Line #29 Eguipment Rental Deta il Mise Court Furn ishing (L abor, 2 man crew) Cr u s h in place exist in g as p halt cou rts Each 1 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 .00 Total Mise Court Furn ishing (Labor , 2 man crew) · 1 11.3 $100.00 $11,13 0.0 0 Amended Agenda Item 6C August 28, 2017 R eques tf p or urc h ase Od f C rtSrf r er or ou u aces, nc City of Jacksonville Contract CS-0354-15: Sport Court Maintenance and Construction 2015 Locallon CO A B -Russ ell Park Te n n is 3 & 4 No. of courts 2 Date 8/11/17 Addres s 800 Semi nole Rd . Atla nti c Beach , FL 32233 Type t enni s Coni O<:t Ji m Ri gsbee Phone Surfaced y es P.O .# Item Description Unit Estimated Unit Cost Total Cost No Quanity 1 Sport Court Re-Surfacing SY 144() $7 .10 $10,224.00 2 Sport Court Surfacing SY $8.80 3 Sport Court Leveling SY 232 $7.00 $1,624.0 0 4 Sport Court Re-Striping EA $2.00 5 Sport Court Striping EA $2 .50 6 Concrete Court (Portland Cement, 5" depth) SY $38 .80 7 Concrete Court (Portland Cement, Addit ional 1" depth) SY $5.50 8 Concrete Court (Asphaltic, Finish Type Ill or FC-12 .5, 1" SY $12 .50 depth) 9 Concrete Court (Asphaltic, Structural -SP-1, SP-12.5 or SY $9.40 ABC-3, 1" depth) 10 Stabilize Subgrade (12" depth) SY $6 .00 11 Limerock (4" depth) SY $8 .50 12 Limerock (additional 1" depth) SY $1 .90 13 Over-Excavation CY $20.00 14 A-3 Fill (Contingency, Delivery, Hauling & Placement CY $13.00 15 No. 57 Stone (Delivery , Hauling and Placement CY $40.00 16 Asphaltic Concrete Removal CY $34 .00 17 Portland Cement Concrete Removal CY $47.00 18 Asphalt Milling (1" depth) SY $9.90 19 Pressure Washing SY $0 .50 20 Grass Sod (St. Augustine) SY $7.00 21 Grass Sod (Bahia) SY $6 .20 22 Seed and Mulch SY $5.00 23 Mise Court Furnishing (Labor, 2 man crew) See App endi x 1 HR 90 $44 .00 $3,960 .00 24 Mise Court Furnishing (Material{s)) See A ppendix 2 EA 583 3 1.20 $6,999.60 25 Mise Court Furnishing (Equipment, $100 rental cost inc! EA 0 $100 operator) See A p pendix 3 26 Project Records (per project site) EA 1 $100 $100.00 Total Base Bid (Items 1 -30) $22,90 7 .60 Amended Agenda Item 6C August 28, 2017 CSI -Request for Purchase Order Page Two Notes: COA B-Russell Par k Ten n i s 3 & 4 8/11t 7 P .O. Cou r t s #3 a nd #4 at Ru ssell Par k i s a 108' by 120' batter y . Co u rt has a c o n st ruction flaw in it consisting of depress ion approximat ely 8' w ide b y 120' long a nd 2" deep. T h is is ca used b y t h e inpr oper slope in the courts constr uct ion . Ideally w e wo uld reb uild t he cou rt f or a p proxi ma te ly $71,00 0.0 0. In t h is r eq ue st ; we are ap p li ng a pat ch o v e r the sw aled ar ea an d then apply a t ack coat of c ourt pat ch b inder over the re pair. Note : Beca use of s lope i rreg u la r it ies in the origi nal courts' c o nstruction , it may n ot b e possible t o re move all water pend i ng after a r ai n , b ut t his proced ure will d r astica lly im p r o v e t he cur re nt amount o f drying t ime after a r ain . A fi ber g lass membra n e lay er w ill be appl ied over t he e ntire cent er-play ing areas of t he two co urts' s urfa ce (t he ar eas w ithi n a n d inc ludi n g the w h it e p lay i n g li ne s only of the abov e courts) a nd o ver the r ep ai red swaled area out s ide o f t he p laying lines . T he mem b r ane layer w i ll con s ist o f 3' w ide secti o n s of me mbrane wit h a s li g ht ove r lap that are to b e hel d i n p lace usi n g acryl ic c oa t i n g m aterials. An ad d itio n al c o at o f ac rylic r esu rfacer w ill b e ap plied o v er t he fiberg lass membra ne . T h is fib r g lass m em b rane p r o ced u re will so metimes slow o r p revent t he re t u rn of minor s urface c racks, at least f o r a f ew y ea rs. The re aso n f o r the re t u rn o f any cra ck is mo ve ment of t he cou rt of a s uffic ie nt amount t o e ither wri nkle o r r ip t he m embra ne that span s the cr ac k . Exception t o w arranty -A ny of t he crac k s i n ex isting c o urts' s u rfa ce may return t hrough t h e fin is h ed surface at a ny time. T w o sets of new ne tp o sts w ill b e in sta lled i nto ex isting s leeves a n d two new nets w i ll be insta lled . Preconstruction Picture( s) Construction Picture(s) Post Construction Picture(s) Amended Agenda Item 6C August 28, 2017 CSI -Request for Purchase Order Page Three d Appen ix 1 -Line #27 Labor Detail Mise Court Furnishing (Labor, 2 man crew) ap p li ng a pat c h o ve r t h e s w al ed area an d t h en ap p ly a tac k coat of co urt p atch bi n d er o v er the repa i r A fiber g lass m em b ra n e layer w ill b e ap plie d ove r the e nt i re cent er -pl aying areas of t he t wo c o u rts ' s u rface (th e ar eas w it h i n an d incl ud ing the w hi t e p lay i ng li n es o n l y of t h e above cou rts ) and o ve r t h e r epai re d swaled ar ea o ut s ide of t h e p l ay i n g lines . Tw o s ets of new netpost s w i ll b e ins t alled i nto ex ist i n g s l eeve s an d two new net s wi ll b e i nst alled . Total Mise Court Furnishing (Labor, 2 man crew) A d" 2 L' #28 F . h' \ppen IX -1ne urms 1ngs D etai Mise Court Furnishing (Labor, 2 man crew) ap p l i n g a patch over t he s w aled area an d t h en apply a tac k c oat of court p at c h bind er over t h e r ep ai r A fi bergl ass m embr ane l ay er w ill b e a pplied o v er the ent i re c e nter-pl ayi ng areas of t he t w o c o u rts ' surfac e (t he areas w it hin an d incl uding t h e w hite p laying lin es o nlY_ of the abo v e c ourts) a nd o v er th e re pa ired s wa le d Two s et s of n ew netpost s wi ll b e i ns ta lled i nt o exist i ng s l eeves a nd t w o new net s w ill b e i nst alled . HR HR HR HR HR HR Each Each Each Each Each Each COA B-Rus s ell Par k Tenn is 3 & 4 08/11/17 P.O . 0 6 4 $44.00 $2,816.00 26 $44.00 $1 ,144.00 0 $44.00 $0 .0 0 $44.00 $0 .00 $44.00 $0.00 $44.00 $0 .00 90 $44.00 $3 ,9 6 0 .0 0 374 0 1.2 $4,488 .0 0 12 6 0 1.2 $1 ,512.00 833 1.2 $9 99 .6 0 1.2 $0 .00 1.2 $0.00 1.2 $0 .00 Amended Agenda Item 6C August 28, 2017 / / I Total Mise Court Furnishing (Labor, 2 man crew) 583 3 1 .2 $6,9 99 .60 A d. 3 L' #29 E . \ppen IX -me :qu1pment R I D 'I enta eta1 Mise Court FurnishinQ (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 Furnishinq (Labor, 2 man crew) 0 $100 .00 $0 .00 Amended Agenda Item 6C August 28, 2017 A m e n d e d A g e n d a I t e m 6 D A u g u s t 2 8 , 2 0 1 7 C I T Y O F A T L A N T I C B E A C H C I T Y C O M M I S S I O N A U G . 2 8 , 2 0 1 7 S T A F F R E P O R T A G E N D A I T E M : R e s o l u t i o n N o . 1 7 - 1 2 d i r e c t i n g t h e c i t y m a n a g e r t o o r d e r a n a p p r a i s a l f o r t h e S e l v a P r e s e r v e p r o p e r t y ; a n d a u t h o r i z i n g t h e e x p e n d i t u r e o f u p t o $ 1 5 , 0 0 0 f o r a n a p p r a i s a l a n d o t h e r t a s k s r e l a t e d t o t h e S e l v a P r e s e r v e p r o p e r t y . S U B M I T T E D B Y : K e v i n H o g e n c a m p , D e p u t y C i t y M a n a g e r ' 1 J i P R E S E N T E R : B l y t h e W a t e r s , C i t y C o m m i s s i o n e r D A T E : A u g . 2 3 , 2 0 1 7 S U M M A R Y : P r e s e r v i n g S e l v a P r e s e r v e f r o m d e v e l o p m e n t a n d o t h e r w i s e p r o t e c t i n g i t a s a v a l u a b l e n a t u r a l r e s o u r c e i s a d e s i r e o f m a n y i n t h e A t l a n t i c B e a c h c o m m u n i t y . T h i s a g e n d a i t e m i s h e r e b y s u b m i t t e d p e r C o m m i s s i o n e r W a t e r s ' r e q u e s t . R E C O M M E N D A T I O N : C o n s i d e r a p p r o v i n g R e s o l u t i o n N o . 1 7 - 1 2 d i r e c t i n g t h e c i t y m a n a g e r t o o r d e r a n a p p r a i s a l f o r t h e S e l v a P r e s e r v e p r o p e r t y ; a n d a u t h o r i z i n g t h e e x p e n d i t u r e o f u p t o $ 1 5 , 0 0 0 f o r a n a p p r a i s a l a n d o t h e r t a s k s r e l a t e d t o t h e S e l v a P r e s e r v e p r o p e 1 i y . B U D G E T : Y e t - t a - b e - d e t e r m i n e d A T T A C H M E N T : P r o p o s e d R e s o l u t i o n N o . 1 7 - 1 2 A P P R O V E D B Y : A m e n d e d A g e n d a I t e m 6 D A u g u s t 2 8 , 2 0 1 7 R E S O L U T I O N N 0 . 1 7 - 1 2 A R E S O L U T I O N O F T H E C I T Y O F A T L A N T I C B E A C H , F L O R I D A D I R E C T I N G T H E C I T Y M A N A G E R T O O R D E R A N A P P R A I S A L F O R T H E S E L V A P R E S E R V E P R O P E R T Y ; A U T H O R I Z I N G T H E E X P E N D I T U R E O F U P T O A M A X I M U M O F $ 1 5 , 0 0 0 F O R A N A P P R A I S A L A N D O T H E R T A S K S R E L A T E D T O T H E A P P R A I S A L O F T H E S E L V A P R E S E R V E P R O P E R T Y ; A N D P R O V I D I N G F O R A N E F F E C T I V E D A T E . W H E R E A S , t h e C i t y o f A t l a n t i c B e a c h r e c o g n i z e s t h e v i t a l i m p o r t a n c e o f a c q u i r i n g c o n s e r v a t i o n l a n d ; a n d W H E R E A S , t h e S e l v a P r e s e r v e P r o p e r t y , l y i n g b e t w e e n 1 1 t h S t r e e t , S e l v a L i n k s i d e , a n d A t l a n t i c B e a c h C o u n t r y C l u b , c o n s i s t s o f 7 . 4 a c r e s i n c l u d i n g 4 . 6 a c r e s o f w e t l a n d s ; a n d W H E R E A S , S e l v a P r e s e r v e ' s u n i q u e q u a l i t i e s c o u l d m a k e t h e p r o p e r t y a n i m p o r t a n t e n v i r o n m e n t a l a n d r e c r e a t i o n a l r e s o u r c e f o r t h e C i t y o f A t l a n t i c B e a c h . N O W T H E R E F O R E , B E I T R E S O L V E D B Y T H E C I T Y C O M M I S S I O N O F T H E C I T Y O F A T L A N T I C B E A C H A S F O L L O W S : S E C T I O N 1 : A p p r a i s a l . T h e C i t y C o m m i s s i o n d i r e c t s t h e C i t y M a n a g e r t o o r d e r a n a p p r a i s a l o f t h e S e l v a P r e s e r v e p r o p e r t y . S E C T I O N 2 : A u t h o r i z a t i o n t o E x p e n d U p t o a M a x i m u m o f $ 1 5 . 0 0 0 . T h e C i t y M a n a g e r i s h e r e b y a u t h o r i z e d t o e x p e n d u p t o $ 1 5 , 0 0 0 f o r a n a p p r a i s a l a n d t a s k s r e l a t e d t o t h e a p p r a i s a l f o r t h e S e l v a P r e s e r v e p r o p e r t y . S E C T I O N 3 : E f f e c t i v e D a t e . T h i s R e s o l u t i o n s h a l l t a k e e f f e c t i m m e d i a t e l y u p o n i t s f i n a l p a s s a g e a n d a d o p t i o n . P A S S E D A N D A D O P T E D b y t h e C o m m i s s i o n o f t h e C i t y o f A t l a n t i c B e a c h , F l o r i d a , t h i s _ d a y o f A u g u s t , 2 0 1 7 . M i t c h e l l E . R e e v e s , M a y o r A t t e s t : D o n n a L . B a r t l e , C i t y C l e r k A p p r o v e d a s t o f o r m a n d c o r r e c t n e s s : B r e n n a M . D u r d e n , C i t y A t t o r n e y 0 0 8 5 8 3 1 8 - 1 CITY OF ATLANTIC BEACH CITY COMMISSION AUG. 28, 2017 STAFF REPORT AGENDA ITEM: Resolution No. 17-13 directing the city manager to execute a letter of interest to explore the purchase of Johnston Island as a recreational park; directing the city manager to undertake a due diligence evaluation with an independent consultant(s); directing the city manager to order an appraisal of Johnston Island; directing the city manager to coordinate with the City of Jacksonville and other governmental entities; and authorizing the expenditure of up to a maximum of$35,000 during this initial evaluation period for the Johnston Island property. SUBMITTEJ> BY: Kevin Hogencamp, Deputy City Manag@ PRESENTER: Blythe Waters, City Commissioner DATE: Aug. 23,2017 SUMMARY: Preserving Johnston Island from development and otherwise protecting it as a valuable natural resource is a desire of many in the Atlantic Beach community. This agenda item is hereby submitted per Commissioner Waters' request. RECOMMENDATION: BUDGET: Consider approving Resolution No. 17-13 directing the city manager to execute a letter of interest to explore the purchase of Johnston Island as a recreational park; directing the city manager to undertake a due diligence evaluation with an independent consultant(s); directing the city manager to order an appraisal of Johnston Island; directing the city manager to coordinate with the City of Jacksonville and other governmental entities; and authorizing the expenditure of up to a maximum of$35,000 during this initial evaluation period for the Johnston Island property. Yet-to-be-determined Amended Agenda Item 6E August 28, 2017 ATTACHMENTS: APPROVED BY: Proposed Resolution No. 17-13 Draft Scope of Service: Due-Duligence Outline Property Aerial Property Survey Draft Outline: Letter oflnterest Amended Agenda Item 6E August 28, 2017 RESOLUTION NO. 17-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING THE CITY MANAGER TO EXECUTE A LETTER OF INTEREST TO EXPLORE THE PURCHASE OF JOHNSTON ISLAND AS A RECREATIONAL PARK; DIRECTING THE CITY MANAGER TO UNDERTAKE A DUE DILIGENCE EVALUATION WITH AN INDEPENDENT CONSULTANT(S); DIRECTING THE CITY MANAGER TO ORDER AN APPRAISAL OF JOHNSTON ISLAND; DIRECTING THE CITY MANAGER TO COORDINATE WITH THE CITY OF JACKSONVILLE AND OTHER GOVERNMENTAL ENTITIES; AUTHORIZING THE EXPENDITURE OF UP TO A MAXIMUM OF $35,000 DURING THIS INITIAL EVALUATION PERIOD FOR THE JOHNSTON ISLAND PROPERTY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach recognizes the vital importance of acquiring conservation land; and WHEREAS, the City of Atlantic Beach, City of Jacksonville, and the State of Florida have demonstrated a commitment to preserving and making improvements to the portions of the Intracoastal Waterway adjacent to the City by the acquisition of Dutton Island Preserve, Riverbranch Preserve, and Tideviews Preserve; and WHEREAS, the Johnston Island property, lying between the Riverbranch Preserve and Atlantic Boulevard, consists of 8.5 acres including 3.1 acres of uplands; and WHEREAS, the City of Atlantic Beach would like to complete additional evaluation of the property prior to committing to purchase Johnston Island, and WHEREAS, Johnston Island's unique location could make the property an important recreational and environmental resource for the City of Atlantic Beach and for Northeast Florida. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AS FOLLOWS: SECTION 1: Letter of Interest. The City Commission directs the City Manager to execute a non-binding "Letter of Interest" to indicate the City's interest in the potential purchase of Johnston Island. SECTION 2: Due Diligence Evaluation. After a review of property documentation received from the Seller, the City Commission directs the City 00858300-1 Amended Agenda Item 6E August 28, 2017 Manager to undertake a detailed due diligence evaluation of Johnston Island with an independent consultant( s ), as needed, for use as a waterfront park. SECTION 3: Appraisal The City Commission directs the City Manager to order an appraisal of the Johnston Island property. SECTION 4: Coordination with City of Jacksonville and other Governmental Entities. The City Commission directs the City Manager to coordinate the potential collaboration with the City of Jacksonville and other governmental entities to acquire the Johnston Island property. SECTION 5: Authorization to Expend a Maximum of $35.000 During Initial Evaluation Period. The City Manager is hereby authorized to expend up to a maximum of $35,000 to complete the initial evaluation and an appraisal of the Johnston Island property. SECTION 6: Effective Date. This Resolution shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED by the Commission of the City of Atlantic Beach, Florida, this_ day of August, 2017. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00858300-1 Amended Agenda Item 6E August 28, 2017 Scope of Service Due-Diligence Outline Project: The City of Atlantic Beach is considering the purchase of a+-8.5 Acre parcel located at the northeast intersection of the intracoastal waterway and the Atlantic Boulevard Bridge and requires a detailed Due Diligence Evaluation of the subject property for use as a waterfront park. Attached are property exhibits. Scope of Services: The following scope of services is required: 1. Kick-Off Meeting and Site Visit: Meet with the City's and property owners' representatives to discuss project and identify proposed development intent. 2. Due-Diligence Analysis Report: To contain an executive summary and the following detailed information on the evaluation items. a. Existing Reports, Documents and Permits: Review property owner-provided information including surveys, title information, USACE and SJRWMD Permits, engineering plans, bridge report, FOOT Drive Permit, phase 1 environmental and geotechnical reports, meeting notes with (lgencies and identify pot~ntial issues with proposed development intent. \ ' ' b. Land\Use & Zoning: Revie0 property'slcurrei:)t land use arld zoning. c. Adjac~nt Pro~erties: ~eview adjacent prope~ies and iden!tify potel)tial issues wi~h adjac~nt lahd wses. . ./ ·.. . ' . ' d. Topdgraphy/ prainage/ Flood: Reyiew available topog~ap1hic and drainage infor~ation to determine general draill~ge patterns and stbrrrlwater rhanagement requirem~nts. Review property for FEMA requirements and identify any flood related issues and e. Environmental-Cultural Resources: Identify any environmental or cultural resource issuers that may impact use of the property. f. Geotechnical: Review property owner-provided geotechnical reports for potential issues for development. g. Phase 1 Environmental: Provide Phase 1 Environmental Report as appendix. h. Access: Review property's available options for access and related FOOT related issues, including any driveway connections, and access bridge. i. Utilities: Water, Sewer, Electrical, and Communications: Contact Atlantic Beach for water/sewer availability and identify if lift station required or if there are fire protection issues. j. USACE Intracoastal ROW: Review condition for park development within USACE ROW and any "Consent of Easement Issues" k. FIND: Review any FIND related easements and restrictions. I. Recreational/ Restaurant Long-Term Lease: Review similar circumstances in other communities and report back on viability of long-term leases. m. Title Documentation & Policy: Review of all documentation related to title. Amended Agenda Item 6E August 28, 2017 3. Site Plan Analysis: Evaluate the current conceptual site plan based upon the due-diligence criteria and provide an opinion of constructability1 a development schedule and preliminary opinion of probable cost. 4. City Commission Meeting: Assist City of Atlantic Beach staff with presentation to the City Commission. Amended Agenda Item 6E August 28, 2017 Amended Agenda Item 6E August 28, 2017 a ~ ~ ~ ~ z 0 l '::i • ! ~ I .lJ • ----------7.00.0 ( I \ Jl J6 Jl Property Survey ---· ... --·· _. ....... -. -···-·--.,_ £ rF ltfii£Y J8 J9 BASCI.W£ SVRI£1' 1.M .t STA 110115 POl DOT R/fiiiM'S ATLANTIC BOULEY ARD I SR 10 ~OT PROJECf 72100-2558) SALT MARSH ~\ I Ill Posn.t7. f'CR S{l; aw:o l N78'J8 579"«Jl SJ9'S8 ""0:8 "'i ~I ""' ~~ ~t~t ~;,'! I 5~ ~ coo. 698. PCS. m.b 4J I} ~~ a"t ws ~0 "'\ :::\"' ~ ,..., ;:; ~~ Amended Agenda Item 6E August 28, 2017 Charles Chupp Bridge Tenders LLC 1357 W Beaver Street Jacksonville, FL 32209 Dear Mr. Chupp Outline Letter of Interest August 2017 On Behalf of the City of Atlantic Beach ("COAB"} the ("Buyer"), this letter serves in our interest in purchasing the below described property from Bridge Tenders LLC ("Seller"). This letter of interest ("LOI"} shares with you our proposed terms and conditions for the purchase: 1. Property. a) Address: 14051 Atlantic Blvd, Atlantic Beach, FL 32233 b) Containing:+-8.5 Acres c) ParceiiD Number: 172391-0000 2. Purchase Price: A max.imum of $1,800,000.00 with'final price to be determined after clu~ diligence eval.uatio~ a~d appraisal, have been cpmple,ted. · 3. Purchase andiSale~ Agree merit;· The terms !')nd corhiitipns of the proposed transaction J,ill be i z ' i "-: ; > ··, : j : ; governed:bya defi~itive purchasE? and S?lesagreement ("Purchas~ Agreement") to b~ · ; " / ' ' ·, negotiCited by COA~ and Seller. The Purchase Agreemen1\may corhain the following prm1isions, among cft:hers, and 'a116bligations ofthe Seller and COAB under th~ Purchase Agreement; shall be contingent upon the following conditions, any or all which may be waived by COAB. a. Initial Inspection Period. COAB will have an initial inspection period of up to ninety (90} days after acceptance of this Letter of Interest. This inspection period will be to conduct level-1 due-diligence evaluation that may include the following: • Existing Reports, Documents and Permit Reviews. • Review of land Use and zoning. • Review of adjacent properties, access and utilities. • Review oftopographic, drainage and flood conditions. • Preliminary storm water treatment analysis. • Existing building structures and site improvement inspections. • Potential viability of commercial recreational/restaurant lease to property. • Phase 1 environmental inspection. • Geotechnical exploration. • Legal and Title review. • Meetings with City of Jacksonville, Florida Department of Environmental Protection, St Johns River Water Management District, U.S Army Corps of Engineers, or other persons or entities COAB deems necessary to enter into a Purchase Agreement with confidence in the intended use and development Amended Agenda Item 6E August 28, 2017 costs. COAB may also request such documents from Seller it deems necessary to assist with any such meeting during inspection period. b. Additional Inspection Period. COAB will have an additional inspection period as of the effective date of the Purchase Agreement. The inspection period time is to be determined based upon information gathered during the initial inspection period. c. General. During both inspection periods COAB and its representatives will be permitted to make full and complete investigation of the Property and to conduct all studies, surveys and tests and take such other actions as COAB shall deem appropriate. COAB must be satisfied, in its sole discretion, with the results of all inspections and investigations ofthe Property including but not limited to economic, structural, environmental, and zoning investigations. 4. Assignment. COAB shall have the right to assign its interest in the Purchase Agreement without written consent of Seller. 5. COAB Approval. The Purchase Agreement and the transaction contemplated by this Letter of Interest are further conditioned upon the final approval from the City of Atlantic Beach City o, ' l ', _l \ : 1 ) Commission. i · · 6. Expenses. Th~ parties; will each hear their own legal and other such costs incident to the1 transactio.n cbntempl~ted hereby wheth.er or not the PurchaseAg~eement is executed. ' ' ' ' i 7. Disclosure of Documehtation. Seller will disclose all prop~rty ihfJmation in their posseJsion to COAB as soon as practicable, including the information described in section 3(a) above. 8. Early Access to Property. Upon the execution ofthe Letter of Interest and pending COAB's evaluation ofthe proposed transaction and the negotiation and finalization ofthe Purchase Agreement, Seller agrees to provide COAB and its representatives with prompt and reasonable access to the property so that COAB can commence its investigation ofthe Property and determine suitability for CAOB's intended use. 9. Commission. Any and all commissions and/or finder's or brokerage fees to be paid in connection with the transaction contemplated by this letter of Interest shall be the sole responsibility of the Seller. 10. Legal Effect. This Letter of Interest shall not be binding upon the parties. A binding agreement shall not exist between the parties unless and until the Purchase Agreement containing all terms and provisions is prepared, approved by COAB and executed and delivered by both parties. This Letter of Interest is not intended impose any obligation whatsoever on either party, INCLUDING WITHOUT LIMITAION, AN OBLIGATION TO NEGOTIATE IN GOOD FAITH. Neither party may claim any legal rights against the other by reason of actions taken in reliance upon this non- binding Letter of Interest including without limitation, any partial performance of the Amended Agenda Item 6E August 28, 2017 transaction contemplated herein. The parties acknowledge that this non-binding Letter of Interest does not address all essential terms of the transaction contemplated herein and that such essential terms will be subject to further negotiation. The parties further acknowledge and agree that either party shall have the right to terminate the negotiations of the purchase Agreement for any reason or no reason by written notice with immediate effect and that neither party owes the other party any duty to negotiate a formal agreement. No prior or subsequent correspondence, except for the duty executed Purchase Agreement as described above, or course dealing between COAB and the Seller shall be constructed to create any contract or to vest any rights in either party with respect to the Property. THIS PARAGRAPH SUPERSEDES ALL OTHER CONFLICTING LANGUAGE HEREIN. 11. Governing Law: This Letter of Interest shall be governed by the laws of Florida. 12. Counterparts. This Letter of Interest may be executed in two or more counterparts, each of which shall constitute and original but all of which together shall be deemed to be one and the same instrument. If this Letter of Interest is agreed upon by the Seller and reflects a mutual understanding, please execute the enclosed counterpart ()f this letter in the space provided below and return a signed copy to me byelose of bu~iness on August __ , 20p Sir;tcerely, Amended Agenda Item 6E 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 (c) "car wash" has the same meaning as set forth m Section 24-17 of the City's Land Development Regulations. (d) "convenience food stores with fuel/gasoline sales" means retail outlets for a variety of products such as dairy, bakery, snack foods, beverages (alcoholic and non-alcoholic), tobacco, grocery, health and beauty aids, fast foods to go, meats and produce, at1d includes dispensing of fuels and other automotive goods and related services. The term does not include supennarkets. Generally these stores are less than 7,500 square feet in size. These stores may also include sit-down restaurant areas. (e) Taken together, the terms "automotive service station," "automotive service-minor," "automotive repair-heavy," "car wash" and "convenience food stores with fuel/gasoline sales" shall be referred to collectively herein as "Automobile Service Stations." SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM This Ordinance shall be applicable to all properties zoned as Commercial Limited ("CL"), Commercial General ("CG"), Light Industrial and Warehousing ("LIW") or Special Planned Areas ("SPA''), located within the boundaries ofthe City of Atlantic Beach. SECTION 5. INTENT The intent of the City Commission acting as the governing body of the City of Atlantic Beach, Florida in adopting this Ordinance is to prohibit, subject to the provisions of this Ordinance, the growth of Automobile Service Stations, in areas that are zoned as CL, CG, LIW and SPA Zoning Districts within the City of Atlantic Beach until the City Commission has had an opportunity to review and if necessary, amend the regulations relating to the permitting and approval of Automobile Service Stations. SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS A temporary moratorium is hereby established to prohibit filing and/or application for zoning or permitting of Automobile Service Stations and suspending the process of any zoning or permitting for Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This temporary moratorium shall not apply to and the following are expressly exempt fi·om this temporary moratorium: Gate Petroleum, Inc. project located at 501, 535, 541 Atlantic Boulevard; and any Automobile Service Stations which are established and conducting business as of the effective date of this Ordinance. This temporary oo>s26&4-l Ordinance No. 90-16-225 3 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 SECTION 10. EFFECTIVE DATE The effective date of this Ordinance shall be July 25, 2016, the day the Commission first took action towards adoption of the moratorium, in accordance with Smith v. Cleanilater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified. PASSED by the City Commission on first reading this 8th day of August; 2016, PASSED by the City Commission on second and final reading this 12th day of September, 2016. CITY OF A TLANTlC BEACH Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and conectness: 006826!4-1 Ordinance No. 90-16-225 5 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 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 90-Day Calendar for the Mayor and Commission SUBMITTED BY: Yvonne Calverley, Executive Assistant to the City Manager DATE: July 28, 2017 STRATEGIC PLAN LINK: None BACKGROUND: The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • Annual Board & Committee Member Reception will be held on Thursday, September 28th at the Adele Grage Cultural Center. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for September through November 2017 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (September through November 2017) CITY MANAGER: Agenda Item 9B August 28, 2017 September 2017 1 2 3 14 I 5 I 6 I 7 I 8 Newsletter Due I 9 Labor Day City Offices Closed 112 113 I,. I Age;da l!ems 10 I 11 I 16 15 Commission Mtg 6 :30pm (Invoc -Waters) 17 1 18 119 120 I 21 1 22 1 23 Due Date for 10/9 Agenda Items 24 1 25 26 27 28 1 29 1 30 Commission Mtg Board & Committee 6 :30pm Member Reception (Invoc-Mayor) 6 :30pm Adele Grage 31 Agenda Item 9B August 28, 2017 1 8 15 22 29 2 3 I 9 Newsletter Due I 10 (Hill) Commission Mtg 6:30pm (lnvoc-Stinson) I 16 23 Commission Mtg 6:30pm (Invoc-Hill) 30 117 24 31 MAYOR AND COMMISSION October 2017 4 5 I 11 I 12 118 I 19 25 26 6 113 I 20 27 Due Date for 10/23 Agenda Items Due Date for 11113 Agenda Items 7 I 14 I 21 28 Agenda Item 9B August 28, 2017 5 12 19 26 I 6 13 Commission Mtg 6:30pm (lnvoc-Harding) 20 27 Commission Mtg 6:30pm (lnvoc-Waters) I 7 114 21 28 MAYOR AND COMMISSION November 2017 1 I 8 Newsletter Due (Mayor) 115 22 29 2 I 9 I 116 23 30 City Offices Closed 3 10 Due Date for I 117 24 31 11 /27 Agenda City Offices Closed City Offices Closed 4 I 11 I Veterans Day 1 18 25 Agenda Item 9B August 28, 2017