Agenda Packet 6-12-2006- vcity of Atlantic Beaa
City cr'ommission
Agenda
June 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING JUNE 12, 2006
AGENDA
Call to order and Invocation.
Pledge to the flag, led by Miss Susannah Johnson.
1. Approve minutes of the Regular Commission meeting of May 22, 2006.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY
ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE
DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM
WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS
A. Acknowledge receipt of Public Works and Utility Department Report and New
Occupational Licenses issued in May (City Manager)
B. Award Bid Number 0506-9 (Re -bid) for Resurfacing of Five Tennis Courts to Tennis
Unlimited Maintenance & Supply in the amount of $16,000 (City Manager)
C. Award the Annual Contract for Cleaning and Televising Sewers (Bid No. 0506-13)
to American Water Services Underground Infrastructure, Inc. at the bid prices (City
Manager)
D. Award the contract for Security Fencing Improvements at Wastewater Plant No. 1
and Water Plant No. 1 (Bid No. 0506-12) to Big T's, Inc. in the amount of
$46,227.50 and include a contingency amount of $4,622.75 for a total of $50,850.25,
and authorize the City Manager to sign the contract (City Manager)
E. Extend the Annual Contract for Chlorine (Bid No. 0405-18) for one additional year
to Jones Chemical, Inc. at the current contract prices (City Manager)
F. Extend the Annual Contract for Sulfur Dioxide (Bid No. 0405-13) for one additional
year to Brenntag Mid -South, Inc. at the current contract prices (City Manager)
G. Authorize the Mayor to sign the Application for Revenue Sharing for 2006-2007
(City Manager)
H. Authorize the Mayor to sign the related paperwork for the application and the
paperwork related to the JAG II, and authorize Chief Thompson to submit the
application on-line and electronically sign the on-line application on behalf of the
Mayor and the City (City Manager)
I. Authorize staff to purchase the Walker Process clarifier equipment from MTS
Environmental in the amount of $89,840 and authorize the City's annual Point
Repair Contractor, Gruhn May, Inc. to complete the repair and rehabilitation of the
clarifier in the amount of $42,180 and waive the fouual bidding process (City
Manager)
1
J. Approve the list of property declared as surplus and authorize removal of items from
City's property records and disposal of items in accordance with City policy (City
Manager)
5. Committee Reports
None
6. Action on Resolutions
None
7. Action on Ordinances
A. Ordinance No. 20-06-78, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006.
8. Miscellaneous Business
A. Policy on Holiday Displays in Town Center (City Manager)
B. Report on the Palms Apartments (City Manager)
C. Approve awarding the Deputy Chief Officer's duty pistol and duty badge to Retired
Deputy Chief John Campbell (City Manager)
D. Update on City Welcome Signs (City Manager)
E. Update on Hurricane Protection for Commission Chambers (City Manager)
F. Discussion of 35 -foot height limitation language to be considered within the
ordinance authorizing a voter referendum amendment to the City Charter (City
Manager)
9. City Manager
A. City Manager's Report
10. Reports and/or requests from City Commissioners and City Attorney
A. Two -lot subdivision ordinance (City Attorney)
Adjournment
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 Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of how
the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk by 5:00 PM, Friday, June 9, 2006.
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Attendance
Call to Order/Pledge
MINUTES
REGULAR CITY COMMISSION MEETING
May 22, 2006
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Donald Wolfson
Mayor Pro Tem J. Dezmond Waters III
Commissioner Mike Borno
Commissioner Jamie Fletcher
Commissioner Sylvia N. Simmons
City Manager Jim Hanson
City Clerk Donna L. Bussey
City Attorney Alan C. Jensen
Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation,
given by Mayor Wolfson, was followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Commission Meeting on
Approval of Minutes May 8, 2006.
Motion: Approve the minutes of the Regular Commission Meeting on
May 8, 2006.
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
A. Proclamation for National Public Works Week
Mayor Wolfson read the proclamation in its entirety.
David Rouleau, 982 Ocean Boulevard, expressed concern that the
building plans for his house are not on file with the City.
David Bew, 381 Third Street, suggested handicap ramps should be placed
at all beach accesses.
Bernard Kane, 333 Ocean Boulevard, introduced himself as a volunteer
for the maintenance and beautification of the Third Street beach access. He
discussed item 8E and urged the Commission to approve it. He thanked
City Manager Jim Hanson, Councilman Art Graham and Parks and
Recreation Director Timmy Johnson for their work on the project.
May 22, 2006
REGULAR COMMISSION MEETING Pane 2
Susan Snead, 261 Beach Avenue, requested early morning patrols to
control the problem with homeless people sleeping at the bottom of beach
access walkways. She believed that the Sea Turtle Inn should not be
allowed to build or remodel above the 35 foot height limit. She reiterated
her concern with the Winter and Company report and its recommendations.
Pat Pillmore, 995 Camelia Street, commented about the Community
Character workshop and expressed concern with the decision making
process. She believed the interests of neighbors and residents should carry
more weight than people making profit on City Codes. She was in favor of
the outcome of the side wall standard issue.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
City Manager Jim Hanson referred the Commission to his written report,
which is attached and made part of this official record as Attachment A.
His report addressed the height referendum staff report and the pedestrian
crossing for the Plaza and Mayport Intersection.
The Mayor inquired about the timeline for finalizing the light
synchronization project and stressed the importance of installing the
pedestrian crossing signal at the Plaza and Mayport intersection as quickly
as possible due to safety concerns. He asked Rick Carper, Director of
Public Works, to bring back information on the project's schedule at the
next Commission meeting. Commissioner Simmons expressed concerns
with traffic turning right while pedestrians have the right of way for
crossing. She asked for stricter enforcement of that situation.
B. RPpert on Hurricane Protection (City Manager)
City Manager Hanson asked Chief Thompson, Director of Public Safety, to
give his report on the City's hurricane protection plan. Chief Thompson
reviewed the highlights of the report. He noted that evacuation decisions
are made by the consensus of an executive committee in Jacksonville which
includes all the local mayors. He discussed the transportation assistance
provided by the City and encouraged individuals with special needs to
contact the fire and rescue department in advance. Chief Thompson
reviewed the prioritization of people evacuating and returning and noted
that police and utility operators are the last to leave and the first to return to
the beaches. He mentioned the use of Kernan Trail Elementary School as a
shelter and discussed the issue of reentry passes.
The Commission asked questions and expressed concerns regarding some
of the details of the hurricane protection plan. Chief Thompson responded
and provided further information. Commissioner Simmons suggested that
some of the hurricane tips and advice be published in the city newsletter.
Consent Agenda
Mav 22, 2006
REGULAR COMMISSION MEETING Page 3
4. Consent Agenda
A. Acknowledge receipt of Monthly Financial Report, Utility Sales
Report and Public Safety Report for April 2006 (City Manager)
B. Acknowledge receipt of Annual Water Quality Report (City
Manager)
Motion: Approve Consent Agenda as presented.
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
A. Cultural Arts and Recreation Advisory Committee Report (R.
Pritchett)
Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory
Committee, reviewed his semiannual report. He commended and thanked
Timmy Johnson, Director of Parks and Recreation, for his work with the
committee. He indicated that currently there are no openings on the
committee and that all members have had a good attendance record. He
reported that the committee's 06-07 budget has been submitted and he
reviewed the many current and new programs of the committee.
Mayor Wolfson thanked Mr. Pritchett for his leadership and recognized him
for his efforts with the Committee. He encouraged Mr. Pritchett to continue
to serve the City.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-06-193, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES,
ZONING, SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS, ARTICLE II, LANGUAGE AND DEFINITIONS,
SEC. 24-17, DEFINITIONS, BY ADDING A NEW DEFINITION OF
SHORT TERM RENTALS; AND FURTHER AMENDING ARTICLE
III, ZONING REGULATIONS, DIV. 4, GENERAL PROVISIONS AND
EXCEPTIONS, BY ADDING A NEW SUBSECTION (1) UNDER SEC.
May 22, 2006
REGULAR CO'M'MISSION 'MEETING Page 4
24-82, GENERAL RESTRICTIONS UPON LAND, BUILDINGS AND
STRUCTURES, TO PROHIBIT SHORT TERM RENTALS, AND
PROVIDING AN EFFECTIVE DATE
Mayor Wolfson read the ordinance by title only and opened the floor to a
public hearing.
Jeanell Wilson, 3090 South Third Street, Jacksonville Beach, spoke
against the proposed ordinance. She did not believe that short term rentals
are a problem in Atlantic Beach and asked the Commission to allow
property owners the right to offer short term rentals.
Bill Gulliford, 75 Beach Avenue, asked the Commission to give
consideration to the potential negative impacts of the current code and of
adopting the proposed ordinance. He indicated the difficulties involved
with maintaining a home and keeping it within the family if not allowed to
rent it for a short term.
Bernard Kane, 333 Ocean Boulevard, discussed problems created by the
weekly and monthly renters who are noisy and leave trash in the area.
R.D. DeCarle, 51 Beach Avenue, cautioned that people could circumvent
the proposed amendment to the code by creating long term rentals without
penalties for cancellation. He believed the issue would then become an
unenforceable situation.
There were no further comments and the Mayor closed the public hearing.
The item was brought before the Commission for discussion.
City Manager Hanson pointed out that the City has prohibited short term
rentals for a number of years, and, thus, the proposed ordinance is not a
change to make something illegal that has.been legal before. He explained
that the code has been difficult to understand and that this change would
make it more clear.
The Commission discussed the issue and City Manager Hanson mentioned
some of the problems encountered with short term rentals.
Motion: To approve Ordinance No. 90-06-193 on final reading.
Moved by Simmons, seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 40-06-21, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, CREATING RULES FOR CABLE TELEVISION
May 22, 2006
REGULAR COMMISSION MEETING Page
FRANCHISES, ADOPTING CUSTOMER SERVICE STANDARDS,
ESTABLISHING OBJECTIVE REMEDIES AND STANDARD
ENFORCEMENT PROCEDURES, REQUIRING PERFORMANCE
AND INSURANCE GUARANTIES, REQUIRING OTHER
PROVISIONS CONSISTANT WITH MODERN TECHNOLOGY
AND INDUSTRY DEVELOPMENTS, AND FOR OTHER
PURPOSES
The Mayor read the ordinance by title only and opened the floor to a public
hearing. There being no comments, the Mayor closed the public hearing
and brought the item before the Commission for discussion.
Motion: To approve Ordinance No. 40-06-21 on final reading.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Approval of Franchise Renewal Agreement for Cable System
with Comcast of Greater Florida/Georgia Inc. (City Manager)
City Manager Hanson explained that, since the ordinance outlining the rules
to grant a franchise is now adopted, the City can act on approving a
franchise renewal agreement. He pointed out that state law requires local
governments to consider several factors before granting franchise
agreements with cable television providers. Those factors to consider
include the following:
(a) the economic impact upon private property,
(b) the public need for the franchise,
(c) the capacity of public rights-of-way to accommodate the system,
(d) the present future use of the affected public rights-of-way,
(e) the potential disruption to existing users of the public rights-of-way,
(f) the financial ability of the franchise to perform,
(g) other societal interests,
(h) other procedural and substantive matters deemed relevant by the
municipality or county.
He reviewed those factors and noted that many of them do not apply
because Comcast Cable TV has been in existence for many years. City
Manager Hanson also pointed out that state law prohibits any municipality
or county from granting overlapping franchises for cable service within its
jurisdiction on teens or conditions more favorable or less burdensome than
those in any existing franchise within such municipality or county.
May 22, 2006
REGULAR COMMISSION MEETING Page 6
Motion: To authorize the City Manager to sign the franchise renewal
agreement with Comcast of Greater Florida/Georgia Inc.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Proposed revision to Chapter 24, Land Development
Regulations, Article IV, Subdivision Regulations, Section 24-189
in accordance with recommendation of the Community
Development Board (City Manager)
City Manager Hanson reported that City Attorney Jensen had been asked to
acquire a written opinion on this item. He indicated that the City Attorney
is still conferring with other attorneys and suggested that the Commission
wait until the information is received before taking action on the issue.
City Attorney Jensen stated that he expects to have the information before
the next meeting. It was explained that the City Attorney is researching
whether the change in the subdivision procedures would require a change to
the ordinance and, if so, how to do that.
Commissioner Waters asked that the City Attorney look at section A5 in
order to make the language less general and vague.
C. Bicycle Path Construction — Location and Construction
Recommendations Discussion (City Manager)
Rick Carper, Director of Public Works, presented the staff's
recommendation for a bicycle path west of Mayport Road. and indicated that
they received a response from only one resident in the area. Mr. Carper
stated that the resident was concerned that the path would negatively change
his property's aesthetics and value and make it difficult for him to access
his back yard with his motor home. Mr. Carper discussed the ways that
staff can work with the resident and mitigate his concerns.
Commissioner Simmons supported the proposed bike paths and
complimented Mr. Carper on the new bicycle bridge on Plaza by City Hall.
Commissioner Fletcher was also in support of the proposed route as an
alternative to the original route suggested for Levy Road. Rick Carper
discussed the beautification of the area through this project. Mayor
Wolfson asked about the budgeting of the project and Rick Carper
responded it would cost about $100,000.
Motion: To direct staff to design and construct a bike path along the
north bank of the West Plaza Ditch, including the segment connecting
Orchid to Hibiscus, and waive the City's purchasing requirement for
May 22, 2006
REGULAR COMMISSION MEETING Page 7
seeking bids for projects in excess of $10,000 and use the Annual
Concrete Contractor (Gruhn May) for construction of the bike path.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
D. Hurricane Protection for Commission Chambers (City
Manager)
Rick Carper, Director of Public Works, reviewed the infoimation in his staff
report and discussed the differences between the Windshield HPS and the
Armor Screen products. He had samples of each on hand at the meeting.
The Commission discussed concerns with the dual lock fasteners and the
fact that Windshield BPS was not yet approved by the Florida Building
Code. The Mayor suggested the City might prefer the aluminum panels for
protection from debris.
It was the consensus of the Commission to ask staff to bring back a quote
for purchasing aluminum panels before acting on this item.
E. Interlocal Agreement with the City of Jacksonville for
Construction of a Handicap Accessible Beach Walkover at
Third Street (City Manager)
City Manager Hanson provided the background on the request for a
handicap accessible beach walkover at Third Street. He reported that
Councilman Art Graham has been able to obtain grant money to pay for
100% of the cost of this project. He mentioned some concerns from
residents regarding visibility and extra traffic on Third Street. He indicated
that a survey had been sent to the residents in that area and that 22 out of 30
were in favor of the handicap accessible walkover.
Motion: To authorize Mayor Wolfson to sign the Interlocal Agreement
with the City of Jacksonville to provide funding for the construction of
a handicap accessible beach walkover at Third Street and authorize the
city staff to take bids for the project.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
City Manager
Reports/Requests
City Commissioners
City Attorney
May 22, 2006
REGULAR COMMISSION MEETING Page 8
9. City Manager
A. City Manager's Report
The City Manager referred the Commission to the infouniation he included
in their agenda packets addressing eminent domain legislation and the
Atlantic Beach fire service rating improvement to a Class 3. These
documents are attached and made part of this official record as Attachment
B.
Also, City Manager Hanson announced that there will be a renovation of
four homes in Atlantic Beach, using block grant funds and partnering with
Builder's Care. He indicated that the work will begin early in June and
invited the Mayor and Commissioners to attend a press conference
scheduled for June 9.
Mayor Wolfson commended Chief David Thompson, Director of Public
Safety, and Donna Kaluzniak, Director of Public Utilities, for their work on
achieving the improved fire service rating. He recommended that the City
wait to see the final language of the eminent domain bill and how the
citizens of Florida will react to the legislation before acting upon it.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Borno
❖ Reported that he and the City Manager attended and participated in a
focus group for the Florida League of Cities in Orange Park. He
encouraged others to attend one of these in the future.
❖ Announced he attended a police community neighborhood meeting
and complimented Chief Thompson on it.
❖ Commended CommissionerWaters on his job as master of ceremony
for the Florida League of Cities meeting held at the beaches on May
12.
Commissioner Fletcher
❖ Asked the Commission to consider designating protection for a
particular tree as an exceptional tree specimen. Discussion ensued
regarding the tree ordinance. It was agreed to put the issue on the
next agenda for discussion.
Commissioner Waters
+ Asked if the City has forced evacuations. Chief Thompson replied
that they do not force anyone to evacuate.
• Announced that he will be in Europe for six weeks, beginning May
29. Requested that the Commission consider allowing options for
Mav 22, 2006 REGULAR COMMISSION MEETING
Page 9
the Sea Turtle to redevelop in the future when considering the height
limit referendum.
Mayor Wolfson
❖ Commended Commissioner Waters on his work with co -hosting the
regional Florida League of Cities' dinner.
• Asked for a status report on the enhancement project for the City
signs. Rick Carper, Director of Public Works, responded that the
City's electrical contractor has been working on the lighting for the
three newly -installed signs; however, there has been no progress on
the new sign for the Tideviews location. Mayor Wolfson asked that
the project be finalized soon and asked for a report on when its
completion can be expected.
❖ Indicated the reports on the Neighborhood Chat sessions would be
distributed in the next meeting agenda. Believed the meetings to be
very successful and announced that the City will schedule a second
round of chats in August. He noted that the Commissioners will
rotate to different parts of the City.
❖ Revisited the request for a Waiver for 824 Sherry Drive from City
Code Section 19-7 Prohibition on Parking Aprons Along Through
Streets. He stated that, after the Commission voted on the item, it
was brought to his attention that the property owner had recently
sold a portion of his property to help facilitate the City in
constructing the turning area at the Five Points Intersection. He
acknowledged that staff's original recommendation to require
removal of the 15 -foot parking area but allow the 10 -foot paver
section to remain was a good compromise for the owner's actions in
assisting the City.
Motion: To reconsider the request for a waiver for 824 Sherry Drive
from City Code Section 19-7 Prohibition on Parking Aprons Along
Through Streets and approve staff's original recommendation as a
compromise to the applicant.
Moved by Wolfson, seconded by Borno
The Mayor supported this motion as a show of good faith to a citizen who
assisted the City with completing a project in a desirable manner.
City Manager Hanson noted the dangers of parking alongside the main
through streets of the City and questioned trading a public safety issue in
exchange for a piece of property sold to the City. Commissioner Borno
concurred and expressed concern with granting a waiver that goes against
the City ordinance. The Mayor noted that City staff recommended granting
the waiver for just the 10 -foot paver section. Commissioner Waters voiced
support for allowing both parking aprons to remain.
May 22, 2006
REGULAR CONINIISSION MEETING Page 10
Votes:
Aye: 4 - Borno, Simmons, Waters, Wolfson
Nay: 1 - Fletcher
MOTION CARRIED
Commissioner Fletcher explained his dissenting vote stemmed from
concern with setting a precedent for granting waivers against the Code
based upon the justification given.
Mayor Wolfson stated he made his original vote without all the information
and now agrees that staff made a fair recommendation.
Motion: To approve the request for a Waiver for 824 Sherry Drive
from City Code Section 19-7 Prohibition on Parking Aprons Along
Through and allow the applicant to keep the 10 -foot paver section as
originally recommended by staff.
Moved by Wolfson, seconded by Borno
Votes:
Aye: 4 - Borno, Simmons, Waters, Wolfson
Nay: 1- Fletcher
MOTION CARRIED
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:52 p.m.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk
AGENDA ITEM #3A
JUNE 12, 2006
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Report 011 Short-term Rentals
DATE: May 31, 2006
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
Alex Sherrer, Code Enforcement Officer
BACKGROUND:
Complaints:
The Code Enforcement Officer has received complaints from full time residents
concerned primarily with complaints about lack of parking, loud parties at all hours, trash
and beer cans left all over the place and the inability to utilize common facilities such as
the community pool at Seaplace. One of the Condos was advertising their ability to
accommodate as many 11 people.
In 2005, thirty-one (31) short-term rentals were identified: nineteen (19) condominiums,
eleven (11) houses and one (1) garage apartment. Rentals varied from $400.00 per week
to $3,500.00 a month. All properties involved were residential, and none were licensed
or inspected as required by the state and therefore were not paying any of the required
taxes. At the time of the investigation, only one (1) property was advertising for 3 -day
rentals.
All of the violations involving houses and the garage apartment were discovered through
researching the classifieds and Internet, while most of the condominiums were the result
of complaints from full time residents. Most of the complaints and violations came from
Seaplace at 901 Ocean Blvd, whose covenants and restrictions forbid such rentals. Most
owners were quick to respond to their notices, and even the realtors involved with short-
term rentals, with the exception of one, agreed to stop advertising short-term rentals.
Code Enforcement was successful in gaining compliance with the exception of the single
realty company.
This year there was a marked improvement with only twelve (12) short-term rentals
identified, several of which were being advertised by the same realty company noted
above, that was unwilling to comply. There have been three (3) houses and nine (9)
condominiums being advertised and, as before, most of the violations discovered were
the result of complaints from full time residents at Seaplace. Rental prices varied from
$500.00 a week to $5,500.00 a month and once again these were residential properties
that are not permitted to rent on a short-term basis and are not being licensed and
inspected as required by state. Four (4) of the twelve (12) short-term rentals were
advertising as daily rentals as well. Since amending Chapter 24, Sec 24-17 to better
AGENDA ITEM #3A
JUNE 12, 2006
define our already existing restriction against short-term rentals, Code Enforcement has
received two (2) additional complaints about short-term rentals at Seaplace and one
(1)complaint at the Cloisters.
Code Amendments:
The prohibition of short-term rentals in Atlantic Beach under Chapter 24, Sec 24-17 &
24-82 is nothing new. Atlantic Beach has restricted short-term rentals since at least 1990.
This was previously defined under the definitions section of Chapter 24, but some people
argued that a definition was not an ordinance. The new section of the proposed
amendment is the inclusion of the wording that forbids the advertising of short-term
rentals. Since short-term rentals are illegal, we should not allow people or businesses to
advertise something that violates the law. One realtor who insisted on continuing to
advertise short-term rentals claimed it was only a violation if they were caught renting
short term. If we eliminate the advertising, then we will reduce the incidences of
unlawful short-term rentals.
Additionally, Florida Statute 509.242 (1) (g) requires properties rented or advertised to be
rented more then 3 times a year for less than 30 days have to be licensed and inspected by
the state. The state requires taxes to be paid to the county and the state.
The majority of the short-term rentals are not owned by Florida residents, and in one case
several condos are owned by the same person, who resides in Ohio. Clearly, this is an
example of running a business in a residential neighborhood.
BUDGET: None
RECOMMENDATIONS: For information only
ATTACHMENTS:
REVIEWED BY CITY MANAGER:
AGE ITEM NUMBER:
AGENDA ITEM #4A
UNE 12
PUBLIC WORKS and UTILITY DEPARTMENTS
PROJECT STATUS REPORT
(D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR
STATUS ON 5/26/06
Commission authorized negotiation on 4/28/03 with CDM for Hopkins
Creek design and approved contract for preliminary design report on
6/23/03. 30% plans received 11/17/03. Staff has begun discussions
with church for property acquisition.
FDOT approved alternate typical section with 13' median. Survey and
design are in progress. Public meeting (30% design review) was held
on 12/12/05. Next public meeting scheduled for August 2006.
Complete with exception of signage. To be completed by 6/30/06.
Survey in progress.
Project to add cameras at treatment plants and automated door locks at
plants and City buildings. Contractor making site visits to determine
optimum camera locations. Door lock materials received. Contractor
began wiring.
PROJECT NO. AND INFORMATION
(D) = Camp, Dresser & McKee (CDM)
(D) = GAI Consultants, Inc.
(D) = Public Works
(CE&I) = Public Works
(C) = Gruhn May, Inc.
(D) = Public Works
(CE&I) = Public Works
(C) = Gruhn May, Inc.
(D) = Access Ltd.
(C) = Access Ltd.
(CE&I) = Public Utilities & Public
Safety
(D) = HDR Engineering
(C) = Callaway Contracting
(CE&I) = Public Works
PROJECT DESCRIPTION
Hopkins Creek Regional Retention
Facility
Design = 30%
Construction = 0%
Mayport Medians
Design = 30%
Construction = 0%
Bike Path on Plaza (Parkside Dr. to
Seminole Rd.)
Bike Path on Seminole (Garden Ln.
to Oceanforest Dr. N.)
Design = 100%
Construction = 100%
Bike Path on West Plaza Ditch
Design = 30%
Construction = 0%
Security Upgrades at Treatment
Plants and City Bldgs.
Design = 100%
Construction =10%
5 Points Intersection Improvements
Design = 100%
Construction =100%
1-1
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AGENDA ITEM #4A
PUBLIC WORKS and UTILITY DEPARTMENTS
PROJECT STATUS REPORT
(D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR
STATUS ON 5/26/06
COAB right-of-way construction complete. U.S. Post Office
construction in progress. Estimated completion date 6/15/06.
DEP permit received 01/03/06. Navy awarded contract to Gateway
Contracting. Preconstruction held 4/11/06. Contractor to begin work
6/7/06.
Awarded by Commission 10/24/05. Purchase order issued, ordering
equipment. Contractor performed site visits to verify genset location
and set up. Awaiting equipment delivery. Contractor set forms for
concrete bases.
Prequalification packages received 02/09/06. Pre-bid meeting held
02/16/06. Bids received on 2/22/06. Contract awarded to Gruhn May,
Inc. on 3/13/06. Preconstruction conference held 4/5/06. Awaiting
delivery of meter and vault.
Advertised Requests for Proposals on 10/30/05. Proposals received
11/30/05. Commission authorized staff to negotiate contract on
01/09/06. Contract awarded on 2/13/06. Kick-off meeting held
2/28/06. Site visits and data accumulation underway.
PROJECT NO. AND INFORMATION
(D) = Public Works (ROW) and
Transystems Corp. (USPS)
(C) = R&B Contracting
(CE&I) = Public Works
(D) = Reynolds, Smith & Hill
(C) = Gateway Contracting
(CE&I) = Navy, Public Works
(C) = Ring Power
(CE&I) = Public Utilities
(D) = CH2M Hill and Public Works
(C) = Gran May, Inc.
(CE&I) = Public Works
(D) = Applied Technology &
Management
PROJECT DESCRIPTION
Plaza Road Post Office Entrance
Modifications
Design = 100%
Construction = 100%
Ribault Bay Water System
Upgrades
(Navy Project)
Design = 100%
Construction = 0%
Gensets at Water Plant # 3
(902 Assisi Lane), and Lift Station
"B" (425 11th Street)
Design = 100%
Construction = 0%
Water Main Replacement at
Sailfish Drive and Plaza
Design = 100%
Construction = 0%
Sewer Master Plan Update
Design = 60%
r•-•00
0..,
0
1.,1r-+
JUNE 12, 2006
PUBLIC WORKS and UTILITY DEPARTMENTS
PROJECT STATUS REPORT
(D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR
STATUS ON 5/26/06
Pre-bid meeting held 02/09/06. Bids received 02/22/06. Project
awarded to Worth Contracting on 3/13/06. Preconstruction conference
held on 3/28/06. Contractor working on site.
CDBG funded project to construct utilities for Habitat development off
Dutton Island Road. Design near completion. DEP permits received.
Agreement between City and Beaches Habitat approved by
Commission on 5/8/06. Bids due 6/14/06. Prequalification packages
due 6/2/06. Pre -Bid Meeting scheduled for 6/8/06.
PROJECT NO. AND INFORMATION
(D) = Public Utilities & HGTI
(Howie Greene Tank Inspection)
(C) = Worth Contracting, Inc.
(CE&I) = HGTI & Public Utilities
(D) = Connelly & Wicker
(C) =
(CE&I) = Public Works
PROJECT DESCRIPTION
Elevated Tank Maintenance at
Water Plant #1
Design = 100%
Construction = 90%
Sawgrass Chapel Place
(AKA "Forsyth Two")
Design = 100%
Construction = 0%
N
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JUNE 12, 2006
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AGENDA ITEM #4A
JUNE 12, 2006
AGENDA ITEM #4B
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Award Bid Number 0506-9 (Re -bid) for Resurfacing of
Five Tennis Courts to Tennis Unlimited in the amount of
$16,000
SUBMITTED BY: Timmy Johnson, Parks & Recreation Director
DATE: May 24, 2006
BACKGROUND: Bids for resurfacing five tennis courts (Re -bid No. 0506-9)
were opened on May 17, 2006. The following bids were
received:
➢ Tennis Unlimited Maintenance & Supply $16,000
➢ Gulf Stream Construction $27,310
Currently, Tennis Unlimited has a contract with the City of
Jacksonville to resurface their tennis courts.
BUDGET: Budgeted $15,000 in Contractual Services Account 001-
6020-572-34-00. The additional $1,000 will come from the
same account.
RECOMMENDATION: Award Bid Number 0506-9 (Re -bid) for Resurfacing of
Five Tennis Courts to Tennis Unlimited Maintenance &
Supply in the amount of $16,000
ATTACHMENTS: Bid Tabulation Sheet
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BID #0506-9 (Re -bid)
AGENDA ITEM #4B
JUNE 12, 2006
Award of Bid based on Department Analysis and Commission Approval
Tennis Unlimited
Maintenance & Supply
X
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Required Documents
Submission in Triplicate
Original Insurance Certificate
Three (3) References
Proof of Occupational License
Documentation of Site Visit
Signed Copy of Document Requirements Checklist
Public Entity Crime Statement
Drug Free Workplace Form
LUMP SUM BID:
1. Court No. 3 (Russell Park, 800 Seminole Road
2. Court No. 4 (Russell Park, 800 Seminole Road
3. Court No. 5 (Russell Park, 800 Seminole Road
4. Court No. 6 (Russell Park, 800 Seminole Road)
5. Single Court (Bull Park, 716 Ocean Boulevard)
Total (Items 1-5)
Award of Bid based on Department Analysis and Commission Approval
AGENDA ITEM #4C
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Cleaning and Televising Sewer Lines
Bid No. 0506-13
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: May 31, 2006
BACKGROUND: This contract is for cleaning and televising sanitary sewer lines in amounts
greater than 5,000 linear feet. Cleaning and televising sewer mains provides staff with valuable
information on the condition of the system and where repair and rehabilitation are needed most.
Bids were advertised, and seven contractors submitted bids with costs per linear foot:
Award recommendation is based on the lowest bid for cleaning plus televising. (Since a small
percentage of the collection system is composed of iron pipe, the need for tuberculation removal will
be incidental, so bids were requested just to have a firm price). The low bidder meeting all
requirements was American Water Services Underground Infrastructure, Inc. at $1.40 per linear foot.
BUDGET: Funds in the amount of $20,000 were budgeted for sewer cleaning and televising in the
Sewer Fund under account number 410-5506-535-3400.
RECOMMENDATION: Award the Annual Contract for Cleaning and Televising Sewers to
American Water Services Underground Infrastructure, Inc. at the bid prices.
ATTACHMENTS: 1. Bid tabulation form.
REVIEWED BY CITY MANAGER:
1
PM Con-
struction
Innerview
Technologies
FL Pipe
Tech,
Inc.
AUI,
LLC
Video
Industrial
Services
American
Water
Services
United
Sewer
Services
Cleaning
$2.00
$0.95
$0.95
$1.00
$0.50
$0.75
$1.50
Televising
$0.50
$0.75
$0.95
$0.95
$6.90
$0.65
$1.00
Total
$2.50
$1.70
$1.90
$1.95
$7.40
$1.40
$2.50
Tuberculation
Removal*
$25.00
$27.00
$5.00
$7.50
$10.00
$10.00
$15.00
Award recommendation is based on the lowest bid for cleaning plus televising. (Since a small
percentage of the collection system is composed of iron pipe, the need for tuberculation removal will
be incidental, so bids were requested just to have a firm price). The low bidder meeting all
requirements was American Water Services Underground Infrastructure, Inc. at $1.40 per linear foot.
BUDGET: Funds in the amount of $20,000 were budgeted for sewer cleaning and televising in the
Sewer Fund under account number 410-5506-535-3400.
RECOMMENDATION: Award the Annual Contract for Cleaning and Televising Sewers to
American Water Services Underground Infrastructure, Inc. at the bid prices.
ATTACHMENTS: 1. Bid tabulation form.
REVIEWED BY CITY MANAGER:
1
BID # 0506-13
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Service Services Services, Inc.
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Total Cost For Cleaning and Televising Per Linear Foot $ 2.50 $ 1.70 $ 1.90
Sewer Tuberculation Removal Cost Per Linear Foot $ 25.00 $ 27.00 $ 5.00
Innerview
Technologies Inc.
X
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Required Documents
Submission in Triplicate
Original Insurance Certificate
Documentation of Workers' Compensation X -Mod Rating
Three (3) References
Proof of Occupational Licenses
Completed W-9 Form
Sample Television Tape of Previous Work
Sample of Televising Logs
Documentation of Certified Disposal Site for Debris
Drug Free Workplace Form
Public Entity Crime Statement
Signed Copy of Document Requirements Checklist
LUMP SUM BID:
Sewer Cleaning Cost Per Linear Foot
Sewer Televising Cost Per Linear Foot
AGENDA ITEM #4C
JUNE 12, 2006
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AGENDA ITEM #4D
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Security Fencing Improvements at Wastewater Plant No. 1 and Water
Plant No. 1
Bid No. 0506-12
SUBMITTED BY: Donna Kaluzniak, Utility Directo
DATE: May 31, 2006
BACKGROUND: Due to heightened security required by the events of September 11, 2002,
fencing improvements are needed at the water and sewer treatment facilities. At Wastewater
Plant No. 1 (1100 Sandpiper Lane) and Water Plant No. 1 (469 11th Street) existing fence in poor
condition will be replaced. Bids were advertised and three contractors submitted bids:
The low bidder meeting all requirements for the project is Big T's Custom Fence. A minor
mathematical error on their bid form was corrected on the bid analysis.
BUDGET: A total of $85,000 was budgeted for security fencing improvements in the Water
and Sewer Funds under account nos. 400-5502-533-6300 and 410-5508-535-6300.
RECOMMENDATION: Award the contract for Security Fencing Improvements at Wastewater
Plant No. 1 and Water Plh►nt No. 1, Bid No. 0506-12 to Big T's, Inc. in the amount of 46,227.50
and include a contingency amount of $4,622.75 for a total of $50,850.25, and authorize the City
Manager to sign the contract.
ATTACHMENTS: 1. Bid tabulation form
2. Bid analysis
REVIEWED BY CITY MANAGER:
Sheeza General
George P. Coyle
Big T's Custom Fence
Sub -total including
Additive Alternate 1
$54,341.85
$69,099.60
$46,227.50
10% Contingency
$5,434.19
$6,909.96
$4,622.75
Total
$59,776.04
$76,009.56
$50,850.25
The low bidder meeting all requirements for the project is Big T's Custom Fence. A minor
mathematical error on their bid form was corrected on the bid analysis.
BUDGET: A total of $85,000 was budgeted for security fencing improvements in the Water
and Sewer Funds under account nos. 400-5502-533-6300 and 410-5508-535-6300.
RECOMMENDATION: Award the contract for Security Fencing Improvements at Wastewater
Plant No. 1 and Water Plh►nt No. 1, Bid No. 0506-12 to Big T's, Inc. in the amount of 46,227.50
and include a contingency amount of $4,622.75 for a total of $50,850.25, and authorize the City
Manager to sign the contract.
ATTACHMENTS: 1. Bid tabulation form
2. Bid analysis
REVIEWED BY CITY MANAGER:
Award of Bid based on Department Analysis and Commission Approval
AGENDA ITEM #4D
JUNE 12, 2006
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Ten Percent (10%) Contingency of Subtotal
Subtotal of Additive Alternate 1 (items la thru 1d)
Subtotal Plus 10% Contingency
Ten Percent (10%) Contingency of Subtotal
Subtotal of Base Bid (Items la, 1b, 2a & 2b)
LUMP SUM BID:
Five (5) References
Documentation of Receipt of Any Addenda
Confirmation of Mandatory Site Visit
Sworn Statement on Public Entity Crime Statement
Drug Free Workplace Form
Completed W-9 Form
Three (3) Copies of Bid Forms and Required Documents
Signed Copy of Document Requirements Checklist
Bid Bond (5%)
Original Insurance Certificate
Submission in Triplicate
Required Documents
$ 4,839.84
Eft
41.
(0
in
CD
to
.p
101
(0
co
01
tf►
cn
C0
0))
.P
N
$ 4,994.22
EA
A.
co
10
N
N
O
: '_
X
X
X
X
X
X
X
X
X
X
X
Sheza General
$ 14,217.50
tO
i
N
N
0
4A
i
N
t0
5./t
0 00)
v►
co
i
V
11•2
v►
(1
in
i
V
COom
EA
w
C)
i
'"4
P
0
X
X
X
x
x
X
X
x
X
x
x
George P. Coyle , Big T's Custom
& Sons, Inc j Fence
EA
0
a)
<03)
4A
coo
CVA
d)
X71
V
O
di
;a
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co
0
$ 4,059.00
<A
.Q
O
0
O
x
X
X
X
X
X
X
X
X
X
X
Z L-9090# 018
fT
CO
0 O
0)
W
O
0
-i
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h
1
10% Contingency
Subtotal
-
D.
-'
i-,
s
Q
-.
•)
(Additive Al
N
CS
N
O)
-a
6
-_1
7U
re
3
zO
Furnish and install 6' chain link at WWTP #1 on Donner
Remove and dispose of existing 6' fencing on Donner
Furnish and install 6' chain Zink around grit chamber
Remove and dispose of existing 6' fence around wit chamber
ternate 1:
Remove and dispose of existing 6' fencing
Furnish and install 6' vinyl fencing
Furnish and install 6' chain link at WWTP #1
Remove and dispose of existing 6' fencing
Description
NNCTU)
0O01 O7
NNOO
0000
r r r r
-n 71 71 TI
r r r r
TI TIT TI
C
z
—I
in
$14.97
$1.02
$14.99
$1.02
$23.55
$1.02
$36.81
$1.20
Unit Price
Sheeza General
$59,776.04
$5,434.19
$54,341.85
EA EA
EA •'"a fA N
-a V -a W
N00000FD�0
O CO O 01
EA
EA .A EA
. 7 4
(.p�,�. n) Co O
.-4OO)COJ)
0 0 0 0
Amount
$45.00
$2.00
$45.00
$2.00
$48.10
$1.65
$35.33
$1.50
Unit Price
George P. Coyle
EA
c))
O
O
CO
in
0))0))0
)
CO
O
CD
6
4A
COD
O
CD
CO
$6,975.00
$310.00
$5,400.00
$240.00
69 EA
� C(0 . EA .?
O) C3) It: A
Co C) CD co
OCD01O
0000
Amount
69 EA
EA �
��
IJNIJN
01 CJ) 01 01
EA EA
0� O
NCJ)t\)N
q7 O CJ) 01
Unit Price
EA
O�
01
0
N
CJ7
$4,622.75
$46,227.501
N -Ea N
03- CO
01 -a CD CO
o0'
0 0 0 1 0)
$5,775.00
$375.00
$33,040.00
$1,400.00
Amount I
om Fence
AGENDA ITEM #4D
JUNE 12, 2006
AGENDA ITEM #4E
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Extension of Annual Contract for Chlorine
Bid No. 0405-18
SUBMITTED BY: Donna Kaluzniak, Utility Director?
DATE: June 2, 2006
BACKGROUND: On July 13, 2005, bids were opened for the City annual contract for chlorine for
the water and wastewater treatment systems. The low bidder with the products meeting all
specifications was Jones Chemical, Inc. This firm successfully met all bid requirements.
Jones Chemical, Inc. has been providing chlorine to the City for several years. Prices are reasonable
and deliveries are timely.
The City has contacted Jones Chemical, Inc. regarding an extension of their current contract for one
year at the current rates and they have agreed. As per Bid No. 0405-18: "The City reserves the right to
renew the contract for two additional one-year periods pending a mutual agreement between the City
and the vendor, and a review of the contract performance by vendor for the previous year."
The vendor has agreed to renew his contract, and staff has been pleased with the performance of this
contractor.
BUDGET: Funding is included in the Water and Sewer Treatment funds under account nos. 400-
5502-533-5200 and 410-5508-535-5200 in the amount of $31,000.
RECOMMENDATION: Extend the contract for Chlorine for one additional year to Jones Chemical,
Inc. at the current contract prices.
ATTACHMENTS: 1. Letter of agreement to extend contract from Jones Chemical, Inc. beginning
August 1, 2006.
REVIEWED BY CITY MANAGER:
FROM :CITY OF ATLANTIC BEACH FAX NO. :984 247 5819
5-23—Oe; 10:mAM;
=_ x
\' !\
(' /tlJones Chemical! Inc.
5/23/06
:Donna Kaluzniak
Utility Director
City of Atlantic Beach
800 Seminole Blvd
Atlantic Beach, FL 32233
Fax: 904-247-5819
Dear. Ms. Kaluzniak:
May. 25 2006
tO 4V-51
In reference to your faxed request dared 5/18/06_ ,TCI Jones Chemicals Inc is willing to
extend the existing contract for one additional year at the Current bid prices as follows:
Chlorine One Ton (2000#) container $ 50000/ton
Chlorine 1504 cylinder $47.00/cyli.n .er
Calcium Hypochlorite Granular 100# drum $120.00 per drum
Effective date 8/1/06-7/31/07.
Please let me know if you have questons. Thank you for the opportunity to extend the
contract,
Sincerely,
Christine Shields
Sales Coordinator
Jones Chemicals, Inc — .Tacksonville
cshields@jcichexn,com
AGENDA ITEM #4E
JUNE 12, 2006
1433 Tatlyrand Avenue' • Jacksonville', ITLetridt! 32206 • telephoner 9043.5.5.0779 • facsimile: 904 355.0871
Colin! officca • $araeota. FL • Branch Location! - London, UI: , C''mhen. NY • Warwick. NY • Caledonia, NY • Banccrcon, OH • Riverview, MI • Merrimack, 1,71.1
Charlotte', NC • Ft. L3Ulordala, FL • Rad- :?r>v , IN • Milford, VA • Tixomn, WA • Torrence, CA • Milpitas, CP.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Extension of Annual Contract for Sulfur Dioxide
Bid No. 0405-13
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: June 2, 2006
BACKGROUND: On June 27, 2005, the City Commission awarded an annual contract to Brenntag
Mid -South, Inc., the low bidder, to provide sulfur dioxide for the wastewater treatment systems.
AGENDA ITEM #4F
JUNE 12, 2006
Brenntag Mid -South, Inc. has been providing sulfur dioxide to the City for the last year. Prices are
reasonable and deliveries are timely.
The City has contacted Brenntag Mid -South, Inc. regarding an extension of their current contract for
one year at the current rates and they have agreed. As per Bid No. 0405-13: "The City reserves the
right to renew the contract for two additional one-year periods pending a mutual agreement between
the City and the vendor, and a review of the contract performance by vendor for the previous year."
The vendor has agreed to renew his contract, and staff has been pleased with the performance of this
contractor.
BUDGET: Funding is included in the Sewer Treatment funds under account no. 410-5508-535-
5200 in the amount of $11,000.
RECOMMENDATION: Extend the contract for Sulfur Dioxide for one additional year to Brenntag
Mid -South, Inc. at the current contract prices.
ATTACHMENTS: 1. Letter of agreement to extend contract from Jones Chemical, Inc. beginning
July 1, 2006.
AGENDA ITEM #4F
JUNE 12, 2006
BRE TAG
Brenntag Mid -South, Inc.
May 26, 2006
Ms. Donna Kaluzniak
Utility Director
City of Atlantic Beach
Depai t11>.ent of Public Works
1200 Sandpiper Lane
Atlantic Beach FL 32233-4318
Dear Ms. Kaluzniak,
Thank you for the opportunity to extend the pricing on sulfur dioxide, offered in Bid No.
0405-13 at $480/ton or $0.24/lb, for an additional year beginning July 1, 2006. You will
find the signed contract herein.
Thank you,
aZf_eb,_
Terry A. Fades
Business Manager, Chlor -Alkali
Brenntag Mid -South, Inc.
TAE:pd
Enclosure
pc: Bryce Elledge
Brenntag Mid -South, Inc.
1405 Highway 136 West
P.O. Box 20
Henderson, KY 42419-0020
MRY-19-2006 FRI 01 18 PM RTL. BCH. PUBLIC WORKS
May 19, 2006
FAX NO, 904 247 5843 AGENDA ITEM #4F
JUNE 12, 2006
CITY OF ATLANTIC BEACH
DEPARTMENT OF PUBLIC WORKS
1200 SANDPIPER LANE
ATLANTIC BEACH, FLORIDA 32233-4318
TELEPHONE: (904) 247-5834
PAX: (904) 247-5843
SUNCOM; 852-5834
www,coab.us
FAX: 270- 830-1368
Ms. Jade Babb
BRENNTAG MID -SOUTH INC.
RE: Extension of Bid No. 0405-13
Dear Ms. Bahh:
As you are aware, the annual contract with the City of Atlantic Beach for Sulfur Dioxide
expires on July 30, 2006. We would like to extend the contract for another year at the
current prices, if this is acceptable to your company.
if acceptable, please sign below and return to me by May 26, 2006 so 1 can prepare a staff
report for the City Commission.
We look forward to recommending that we continue our contract with your company.
Sincerely,
Donna Kaluzniak
Utility Director
BRENNTAG MID -SOUTH, INC. AGREES TO EXTEND THE CONTRACT
WITH THE CITY OF ATLANTIC BEACH AT THE PRICES SUBMITTED IN
BID NO. 0405-13 FOR AN ADDITIONAL YEAR EFFECTIVE JULY 1, 2006.
J—e/t-t-7 5t24 /a
Date L
AGENDA ITEM #4G
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Authorize the Mayor to sign the Application for Revenue
Sharing 2006-2007
DATE: May 31, 2006
SUBMITTED BY: Nelson Van Liere, Finance Director
BACKGROUND: The submittal for the Application for Revenue Sharing
2006-2007 State Fiscal Year is required by Sec. 218 of the
Florida Statutes in order to be eligible to participate in
revenue sharing. Section 218 of the Florida Statutes states:
"It shall be the duty of each agency and unit of local
government required to submit certified information to the
Department pursuant to the administration of this part to
file timely information. Any unit of local government
failing to provide timely information required pursuant to
the administration of this part shall, by such action,
authorize the Department to utilize the best information
available or, if no such information is available, to take any
necessary action, including disqualification, either partial or
entire, and shall further, by such action, waive any right to
challenge the determination of the Department as to its
share, if any, pursuant to the privilege or receiving shared
revenues under this part."
This application certifies that the City has fulfilled certain
administrative requirements set forth in the statutes and
includes signatures of the appropriate officials.
BUDGET: No Impact.
RECOMMENDATION: The staff recommends that the City Commission authorize
the Mayor to sign the Application for Revenue Sharing for
2006-2007.
ATTACHMENT: Application for Revenue Sharing 2006-2007
Reviewed by the City M
nager:
F:\Draft Staff Reports\2006 Meetings\J e 12, 2006\State Revenue Sharing Application
07.doc
DEPARTMENT
OF REVENUE
AGENDA ITEM #4G
JUNE 12, 2006
1
Application For Revenue Sharing 2006-2007 State Fiscal Year
(Chapter 218, Part 11 Florida Statutes)
Application must be received by the Department of Revenue prior to June 30, 2006
Please TYPE or PRINT all entries except those requiring a signature.
Part One
DR -700218
R. 04/06
Name of County
OR
Name of Municipality City of Atlantic Beach
County Duval
Telephone Number ( 904 ) 247-5800
Fax Telephone Number ( 9.04 ) 247-5819
Mayor or Chairman of Governing Body Mayor Donald M. Wolfson
Chief Fiscal Officer Nelson Van Liere, Finance Director
Official Mailing Address 800 Seminole Road, Atlantic Beach, FL 32233
Check here if the address represents a change from the previous application.
Federal Employer I.D. Number (required for new participants only).
Part Two
To be eligible to participate in Revenue Sharing beyond the minimum entitlement as defined in s. 218.21(7), F.S., for any
fiscal year, a unit of local government is required to have iulfilled certain requirements set forth in s. 218.23, F.S., including
certification requirements. Signatures by the appropriate official in the signature blocks, where applicable, shall constitute
fulfillment of the certification requirements set forth in s. 218.23, F.S.
Consistent with the requirements of s. 218.23, F.S., has the applicant:
Note: Question 1 and 2 pertain to financial audit requirements. If a financial audit was required, report
on the most recently completed audit period. Fiscal year ending 09/30/04 will be sufficient for this
purpose.
1. Reported its finances for its most recently completed fiscal year to the Department of Banking and Finance,
pursuant to s. 218.32, F.S.?
X
Yes No
2. Made provisions for annual postaudits of its financial accounts in accordance with s. 11.45, F.S.?
I X I
Yes
No December 14, 2005
Date of Audit Report
AGENDA ITEM #4G
JUNE 12, 2006
DR -700218
R. 04/06
Page 2
3. Levied, as shown on its most recent financial report, pursuant to s. 218.32, F.S., ad valorem taxes, exclusive
of taxes levied for debt service or other special millages authorized by the voters, to produce the revenue
equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxable values as certified by the
property appraiser, pursuant to s. 193.122(2), F.S.,
X
Yes
No
OR
In order to produce revenue equivalent to that which would otherwise be produced by such a three (3) mill ad
valorem tax:
(A) to have received a remittance from the county pursuant to s. 125.01(6)(a),F.S.;
(B) collected an occupational license tax;
(C) collected a utility tax;
(D) levied an ad valorem tax;
(E) received revenue from any combination of these four sources?
4. Certified that:
-Yes No
(A) Law enforcement officers, as defined in s. 943.10(1), F.S., employed by this Unit meet the qualifications
for employment as established by the Criminal Justice Standards and Training Commission?
X
Yes
No
(B) The salary structure and salary plans for law enforcement officers meet the provisions of Chapter 943,
F.S.?
X
Yes
No
(C) All law enforcement officers, as defined in s. 943.10(1), F.S., are compensated at an annual salary rate of
six thousand dollars ($6,000) or more?
X
Yes
No
[If the answer to (C) above is (NO), please state in an addendum to this application any reason you
may have for waiver of such requirement (one of which must be that you are levying ten (10) mills of ad
valorem taxes).]
Signed:
Appropriatelaw Enforcement fficer
Date:
[If you have no police department, etc., please check the block to the left side.]
AGENDA ITEM #4G
JUNE 12, 2006
DR -700218
R. 04/06
Page 3
5. Certified that persons in its employ as firefighters, as defined in s. 633.30(1), F.S., meet the qualification for
employment as established by the Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and
633.35, F.S., and that the provisions of s. 633.382, F.S. are met?
Yes No
Additionally, please answer the following:
(A) Does the addressed unit of government employ any full-time firefighters which currently possess either a
bachelor's degree or associate degree from a college or university which is applicable to fire department
duties, provided that degree is not required for their current position?
Yes No
(B) If so, are these firefighters currently receiving supplemental compensation for those degrees?
Yes
No Does Not Apply
Signed: Date:
Appropriate Fire Official
[If you have no fire department or if you have a strictly volunteer fire department, etc., please check the box to the
left side.]
6. Certified that each dependent special district that is budgeted separately from the general budget of the local
governing authority has met the provisions for annual postaudit of its financial accounts in accordance with
the provisions of s. 218.39(1), F.S.?
Yes
Signed: 7. (4-N__ �c-c---c
Chief Fiscal Official
No X Does Not Apply
Date: /s --/o G
7. Certified to the Department of Revenue that the requirements of s. 200.065, F.S., if applicable, were met?
(The certification shall be made annually within 30 days of adoption of an ordinance or resolution establishing
a final property tax levy or, if no property tax is levied, not later than November 1. The portion of revenue
sharing funds which, pursuant to this part, would otherwise be distributed to a unit of local government which
has not certified compliance or has otherwise failed to meet the requirements of s. 200.065, F.S., shall be
deposited in the General Revenue Fund for the 12 months following a determination of noncompliance by the
department.)
Signed:
Chief Fiscal Official
Date: 6/s /O 6
AGENDA ITEM #4G
JUNE 12, 2006
U1i-/UU ld
R. 04/06
Page 4
Part Three
I hereby certify that all of the foregoing information is accurate and true to the best of my knowledge. I further certify
that I will promptly report to the Department of Revenue any changes in the above information. I also realize that
failure to provide timely information required, pursuant to the administration of this Act shall, by such action, authorize
the Department to utilize the best information available or, if no such information is available, to take necessary action
including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and shall further, by such action, waive any right to
challenge the determination of the Department to its share of funds, if any, beyond its minimum entitlement, pursuant to
the privilege of receiving shared revenues from the Revenue Sharing Trust Funds.
Do you believe that you have complied with ALL eligibility requirements as set forth above?
X
Yes No
If the answer to the above question is (NO), please provide as an attachment to this form the amount of revenue
necessary to meet your obligations as a result of pledges or assignments or trusts entered into which obligated funds
received from revenue sharing.
Signed: ✓71• Vc-.-c
Chief Fiscal Official
Date:/.S"/p
Signed: Date:
Mayor or Chairman of Governing Body
Mail completed original application to address shown below.
FLORIDA DEPARTMENT OF REVENUE
REVENUE ACCOUNTING SUBPROCESS
PO BOX 6609
TALLAHASSEE FL 32399-6609
AGENDA ITEM #4H
JUNE 12, 2006
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Justice Assistance Grant II
DATE: June 1, 2006
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
Justice Assistance Grants (JAGs) are grants that have been established by the Federal
Government and administered by the State of Florida. The first round of funding was
completed a few months ago, and this staff report is intended to address the second round of
funding. Atlantic Beach received the approval for $46,000+ in the first round.
In the second round of JAG funding, the Police Depaitment has received the approval for
$45,000 in grant funding to offset the salary expenses for members of the Crime Suppression
Unit. This grant does not require any matching funds from the City.
The City authorized the creation of a Crime Suppression Unit several years ago. This unit
consists of a supervisor and two (2) full time officers assigned to narcotics, prostitution, street
crime, and sex crimes. The funding for the salaries has been supplemented by grant funding
each year. The Police Department is recommending that the City continue to offset the salary
and personnel expenses through this grant funding in 2006-07.
The next step of the process for the JAG II grant is for the Police Department to apply for the
funding on line, and to submit hard copies of the application with original signatures. For
this process, the City needs to authorize the Mayor to sign the related paperwork, and the city
needs to authorize David E. Thompson to submit the application on line and have the
authorization to electronically sign the on line application on behalf of the Mayor and the
City.
BUDGET: $45,000 in Grant Funding to be included in the 2006-07 budget.
RECOMMENDATIONS: To authorize the Mayor to sign the related paperwork for the
application and the subsequent paperwork related to the JAG II, and;
To authorize David E. Thompson to submit the application on line and have the authorization
to electronically sign the on line application on behalf of the Mayor and the City.
ATTACHMENTS: None
REVIEWED WED BY CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Clarifier Rehabilitation at Wastewater Treatment Plant #1
SUBMITTED BY: Donna Kaluzniak, Utility Directo
DATE: April 21, 2006
AGENDA ITEM #4I
JUNE 12, 2006
BACKGROUND: The existing sidestream clarifier at Wastewater Treatment Plant #1 (1100
Sandpiper Lane) dates from the 1960's, and the entire mechanism for the unit is completely
inoperable.
Staff has determined the most cost effective means of replacement is for the City to purchase the
equipment directly and have it installed by our annual Point Repair Contractor, Gruhn May, Inc.
This will avoid the cost of preparing detailed plans and specifications ($5,000) as well as avoid
paying tax on the equipment ($5,700) and the costs that contractors add for their time in bidding
the project.
The equipment is the City's standard and is proprietary, manufactured by Walker Process and
distributed by their representative, MTS Environmental. This would be a sole source purchase,
but in order to ensure prices were competitive, staff also obtained costs for the most similar
brand of equipment available:
MTS Environmental (Walker Process
Equipment)
TSC Jacobs (Eimco Equipment)
$89,840
$90,000
Gruhn May, Inc., the City's annual Point Repair contractor provided a cost to complete the
clarifier rehabilitation. Again, to ensure costs were competitive, staff obtained pricing from a
second contractor.
Gruhn May, Inc.
Sawcross, Inc. .
$42,180
$75,000
BUDGET: A total of $100,000 was budgeted for the clarifier rehabilitation in the Sewer Fund
under account number 410-5508-535-6300. Additional funds to cover the remaining $32,020 are
available in the Sewer Fund from projects that came in under budget and unused professional
services in account nos. 410-5506-535-6300, 410-5508-535-3100 and 410-5508-535-6300.
1
AGENDA ITEM #4I
JUNE 12, 2006
RECOMMENDATION: Authorize staff to purchase the Walker Process clarifier equipment
from MTS Environmental in the amount of $89,840. Authorize the City's annual Point Repair
Contractor, Gruhn May, Inc. to complete the repair and rehabilitation of the clarifier in the
amount of $42,180 and waive the formal bidding process.
ATTACHMENTS: 1. Quote from MTS Environmental/Walker Process
2. Quote from Gruhn May, Inc.
3. Quote from TSC -Jacobs
REVIEWED BY CITY MANAGER:
2
411J 15:31 FAX 904 273 1166
FQUI PMENZ
Division of McNish Corporation
Dedicated to the
Water and
Wastewater Industry
MTS Environmental AGENDA ITEM #4I
JUNE 12, 2006
Walker Process Equipment
840 North Russell Avenue
Aurora, Illinois 60506-2853
E -Mail: waiker.process@walker-process.com
Website: www.walker-process.com
Phone: 630-892-7921
Fax: 630-892-7951
TO: THE CITY OF ATLANTIC BEACH, FLORIDA
ATTN: TIM TOWNSEND)
Gentlemen:
February 2, 2006
SUBJECT: Clarifier Replacement
BID DATE: February 6, 2006
PROPOSAL NO.: 06-0018S
In response to the Bid Documents for the referenced project, we are pleased to submit this proposal as our offer
to sell and furnish the following equipment:
50' Diameter "SWP" Clarifier
For your convenience in evaluating our offer, we have divided it into the following sections, which together
form our complete proposal:
Pricing Summary
Scope of Supply and Clarifications
General Items
Terms and Conditions of Sale
Mechanical Warranty
Pg. 2-3
Pg. 4-6
Pg. 7-8
Pg. 9-10
Pg. 11
If we can furnish any clarifications or additional information, please contact our Representative, Bob Solomon
of MIS Environmental, Inc., Pottle Vedra Beach, Florida at 904-273-8600. We look forward to the-
opportunity of working with yciu in the execution of this project.
Sincerely,
WALKER PROCESS EQUIPMENT
Division of McNish Corporation
Randy Stevenson
Regional Sales Manager
/HU 15:31 FAX 904 273 1166 MTS Environmental
PRICING SUMMARY
AGENDA ITEM #4I
JUNE 12, 2006
City of Atlantic Beach, Florida
Proposal No.: 06-0018S
February 2, 2006
Page 2 of 11
Listed below is a summary of prices for equipment as noted within this proposal. The prices are for equipment
as described herein, F.O.B. shipping point with freight prepaid via truck, exclusive of any taxes. Prices quoted
herein are based upon the estimated schedules shown, and receipt of approved submittal drawings in our factory
within six (6) weeks from the date of our transmittal letter.
NOTE: Refer to pages 4-6 for clarifications to our scope of supply with regards to the specification.
One (1) Walker Pier -Supported Clarifier, Type "SWP",
for installation (by others) in an existing 50'-0" diameter
concrete tank; for the price of ... $ 68/580
Optional Adder Items / ----------
#1) One (1) set of Carbon Steel Effluent Troughs,
Weir Plates, Scum Baffles, Supports and Fasteners; 21,260
for the Optional Adder Price of ...
(See Page 6 for description)
#2) On (1) Electrical Control Panel in Nema P/ stainless
steel box; for the Optional Adder Price of ... $ 4 , 7 00
(See Page 6 for description)
#3) Hot dip galvanized all Clarifier carbon steel components
in lieu of prime paint for one (1) 50' Clarifier, for the
Optional Adder Price of ... $ 2 , 000
#4) Hot dip galvanized all Effluent Troughs, Weirs, Baffles and
Supports (Option #1 above) in lieu of prime paint; for
the Optional Adder Price of... $1, 400
8c $qo
EXISTING STRUCTURE NOTE: The. Contractor shall be solely responsible for measuring and providing
Walker Process Equipment (WPE) with accurate as built dimensions for all existing structures where WPE is
furnishing equipment, This information must be made available to WPE in a timely manncr to -avoid
delaying the equipment delivery schedules outlined within this proposal. In the event that dimensions are not
provided or the provided dimensiou are in error, which results in modifications to either the equipment or
the adjacent structures, the Contractor shall be solely responsible for all labor, materials and associated costs
to correct the resulting situation.
TIME OF ACCEPTANCE: This offer to sell is subject to receipt of your purchase order on or before
March 6, 2006. ,
This proposal number, 06-0018S.must be referenced in the Purchaser's purchase order. The prices quoted
in this proposal are based upon and subject to Purchaser's acceptance of the Terms and Conditions of Sale
attached to this proposal. WPE reserves the right to change the prices quoted if the subsequent Purchase
Order changes or modifies in any manner, the Scope of Supply or the attached Terms and Conditions of
Sale, unless WPE's written consent is first obtained. In addition, any adjustments, corrections, amendments
or exceptions to this proposal must be acknowledged in writing as acceptable to WPE before an order will
be accepted. This proposal shall become a binding contract for the scope of equipment supply and
mechanical warranty responsibility, upon acceptance by Purchaser and approval by WPE as provided for in
the Terms and Conditions of Sale.
Page 1 of 1
AGENDA ITEM #4I
JUNE 12, 2006
Kaluzniak, Donna
From: Gordon Gruhn [ggruhn@gruhnmay.com]
Sent: Thursday, June 01, 2006 3:49 PM
To: Kaluzniak, Donna
Subject: WWTP #1 Clarifier Drive Removal & Replacement
Donna,
The cost to remove and replace the complete clarifier drive assembly on the old clarifier and sludge transfer
piping within the tank is $42,180.00. All material except misc. small fasteners are to be supplied by the City of
Atlantic Beach.
Thank you,
Gordon Gruhn
This email and any files transmitted with it are confidential and intended solely for the use of the
individual or entity to whom they are addressed. If you have received this email in error please notify
the system manager. This message contains confidential information and is intended only for the
individual named. If you are not the named addressee you should not disseminate, distribute or copy this
e-mail.
6/1/2006
01/30/2006 10:45 8132422597 TSC-JACOBS NORTH
TSC -JACO
s NORTH
AGENDA ITEM #41
JUNE 12, 2006
24156 S.R. 54 • Suite 3 • Lutz, FL 33559 • (813) 242-2660 PHONE • (813)242-2597 FAX
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AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
AGENDA ITEM #4J
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
List of property to be declared surplus
Nelson Van Liere, Finance Director
May 17, 2006
Over time, the City accumulates various properties that lose
their usefulness due to deterioration or obsolescence. Only
items deemed truly of no use to the City are on this list.
There is no budget for this action
That the City Commission declare all items identified on
the attached list as surplus, authorize removal of these
items from the City's property records, and authorize
disposal of this property by the method most beneficial to
the City, in accordance with City policy.
List of property to be declared surplus
REVIEWED BY CITY MANAGER:
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AGENDA ITEM #4J
JUNE 12, 2006
AGENDA ITEM #7A
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO. 20-06-78 AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2005 AND ENDING SEPTEMBER 30, 2006.
SUBMITTED BY: Nelson Van Liere
Finance Director
DATE: June 5, 2006
BACKGROUND: Annually, the City Manager budgets for legal expenses for both the
City Attorney and any other litigation. In cases where a suit is
brought against the City, the City will either have an attorney from
the insurance company appointed to the case or be reimbursed for
the legal fees of our attorneys. Depending on the nature of the
suits, the City's liability exposure is generally limited to the
amount of the deductible for that type of claim.
This ordinance will fund the deductibles for three such cases that
were unanticipated at budget time last year. Those cases involved
the lot subdivision, a religious display in Town Center, and
arbitration costs for miscellaneous disciplinary actions.
BUDGET: The total impact of this ordinance on the City's budgeted fund
balance is $38,000.
RECOMMENDATION: Approve Ordinance No. 20-06-78 .
ATTACHMENTS:
Ordinance No. 20-06-78
REVIEWED BY CITY MANAGER:
ORDINANCE NO. 20-06-78
AGENDA ITEM #7A
JUNE 12, 2006
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR TH
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day to day decisions affecting
such budgetary systems require adjustments from time to time, and
WHEREAS, additional funds for insurance deductibles are needed for legal fees
generated as a result of a number of unanticipated law suits against the City. The suits that need
to be funded at this time are related to a lot subdivision, religious displays in Town Center and
arbitration related to miscellaneous disciplinary actions.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
. The Fiscal Year 2005/2006 Final Budget be amended as follows:
General Fund
Expenses:
City Administration
Legal Division
Professional Services
38,000
Change in Fund Balance <$38,000>
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of June, 2006.
Passed by the City Commission on second and final reading this day of June, 2006.
Donald M. Wolfson
Mayor / Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire
City Attorney
Donna Bussey
City Clerk
'CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Policy on Holiday Displays in Town Center
SUBMITTED BY: Jim Hanson,
DATE: May 29, 2006
AGENDA ITEM #8A
JUNE 12, 2006
BACKGROUND: The Cities of Atlantic Beach and Neptune Beach have jointly sponsored the
placement of lights and a holiday tree in Town Center each year along with a
tree lighting ceremony that has become a popular holiday tradition, especially
for the younger children. On some occasions in past years, the management
of the Sea Turtle Hotel has contributed to the holiday displays, including the
purchase of the tree in 2005. There have been no religious symbols used to
decorate the tree or on any other public property in the Town Center area until
2005, and there have been no religious aspects associated with the tree
lighting ceremony.
After the holiday tree was placed in Town Center last year, both Atlantic
Beach and Neptune Beach received a request for placement of a menorah. The
applicants cited a United States Supreme Court decision as support for their
request. Upon advice of both City Attorneys, the placement of the menorah
was approved adjacent to the holiday tree. Later, the cities received a second
request to install a creche adjacent to the tree and menorah. The City
Attorneys recommended that this request be denied, based also upon the
Supreme Court decision. A suit was then filed against both cities resulting in
a considerable amount of administrative time and cost to defend the suit.
Upon later recommendations of attorneys representing the cities, the case was
settled by allowing the placement of the creche in Town Center.
Shortly after the case was settled, Michael Roper of Bell, Leeper and Roper,
P.A., working on behalf of Atlantic Beach, provided a lengthy legal opinion
detailing the issues involved in the recently settled case and offering options
for future policy. A copy is attached. The options for action in future years
include the following;
1. Disallow all holiday displays at the Town Center traffic circle.
2. Allow privately sponsored holiday scenes displayed, without
discriminating as to viewpoint.
3. Limit any holiday display in this location to a secular holiday tree
which is owned, erected and controlled by the governmental entities.
BUDGET:
AGENDA ITEM #SA
JUNE 12, 2006
All requests for private displays in this locale should be denied and
municipalities should exercise complete control over the holiday
display, in this non-public forum.
There are pros and cons to each of the three alternatives. In the first
alternative, eliminating all holiday displays would solve the legal question of
which displays to approve. However, it would also mean the elimination of
future holiday trees and the related tree lighting ceremony. This has become a
much anticipated local tradition and would disappoint hundreds if not
thousands of citizens of the two cities.
Allowing all holiday scenes without discriminating as to viewpoint is the
second alternative. The cities would be viewed as allowing all religious
groups equal access to public property. However, a number of problems
might be created. One is that the cities would give up control over most
aspects of the displays. One exception may be for possibly public safety (if
they become dangerous). Some complaints were received last year about the
quality of the displays being less than what might be appropriate for Town
Center. The city also received complaints as to allowing any religious
displays on public property. Portions of one of the displays was also stolen.
Last, it is possible that the size or number of private displays would be too
much to place around the holiday tree in the traffic circle and that other public
locations in Town Center would have to be used.
The third alternative is to limit any holiday displays to a secular holiday tree
which is owned, erected and controlled by the city governments. It would
cost the cities a little bit more to erect the display without any private
assistance. The cost of the tree with all the decorations has remained under
$1,000 per year. On the other hand limiting the display to one holiday tree
provided by the cities eliminates the need to approve applications from
various private indi='iduals or groups, eliminates complaints about
unsightliness and should reduce any problems of vandalism or theft.
Disallowing all holiday displays in Town Center would be the least
expensive of the options. Using private contributions is a less expensive
option than the cities paying for the total cost. However, the cost of the
tree and decorations is usually less than $1,000. Regardless of which of
the options is chosen, defending against future suits would cost much
more.
RECOMMENDATION: My recommendation is that the Mayor and Commission vote to limit
holiday displays in the Town Center area to only those that are paid for
and erected by the two cities. All other requests for private displays
should be denied.
ATTACHMENTS: Letter from Michael Roper dated December 12, 2005
MICHAEL M. BELL
MICHAEL H. BOWLING
ERNEST H. KOHLMYER, III*
ANDREW J. LEEPER*
MICHAEL J. ROPER
'ALSO ADMITTED IN GEORGIA
BELL, LEEPER & ROPER, P.A.
ATTORNEYS AT LAW
2816 EAST ROBINSON STREET
ORLANDO, FLORIDA 32803-5834
TELEPHONE (407) 897-5150
FAX (407) 897-3332
218 ANNIE STREET
ORLANDO, FLORIDA 32806-1208
TELEPHONE (407) 488-1881
FAX (407) 488-1999
E-mail: blr@blrlawfirm.com
www.blrlawfirm.com
Reply to: Robinson Street
December 12, 2005
ATTORNEY CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
PRIVILEGED - CONFIDENTIAL
Mr. Jim Hanson
City Manager
800 Seminole Boulevard
Atlantic Beach, FL 32233-5445
Re: Ken Koenig v. City of Atlantic Beach, Florida and
City of Neptune Beach, Florida
United States District Court, Middle District of
Florida, Jacksonville Division
Case No. 3:05-CV-01244-HES-MMH
Dear Mr. Hanson:
AGENDA ITEM #8A
JUNE 12, 2006
JOHN S. CASTRO
KARA L. DECKER
MARY GRACE DYLESKI
CHARLES P. GUFFORD
CYNTHIA D. LALLY
DOUGLAS J. PETRO
JOSEPH D. TESSITORE
SCOTT P. WILLIAMS
OF COUNSEL
We take this opportunity to provide you with a written explanation of our
analysis of the legal issues which were presented in the above -captioned federal
lawsuit. As you know, it was. our recommendation that the .City of Atlantic Beach,
in coordination with the City of Neptune Beach, grant Mr. Koenig's request to
display a nativity creche in the Town Center. Our recommendation was based upon
our review of the controlling legal precedent in this area of the law, as explained more
fully in this correspondence.
It is important that we preface our discussion with the observation that this
remains a complex and unsettled area of the law. These cases implicate esoteric
constitutional issues such as free speech, the Establishment Clause and Equal
Protection. It is clear that learned scholars and jurists often disagree on the import
of both the Constitution and prior case law. The cases are often decided on a fact
specific basis and there are certainly nuances in the decisions, depending upon the
forum in which the decision is being rendered. Accordingly, for our analysis of this
case, we focused upon those decisions most relevant to this forum, namely those from
AGENDA ITEM #SA
JUNE 12, 2006
Mr. Jim Hanson
December 12, 2005
Page 2
the Eleventh Circuit Court of Appeals and the Supreme Court of the United States.
We anticipate that the law in this area will continue to evolve, and accordingly for
future practice and decision making, it will be important to keep abreast of
subsequent rulings.
Summary of Relevant Facts
The City of Atlantic Beach and the City of Neptune Beach exercise dominion
and control over a traffic circle located in the vicinity of Atlantic Boulevard, in an
area generally known as "Town Center." Traditionally, those cities have allowed a
private entity, namely The Sea Turtle Inn, to erect a holiday tree in the center of the
grassy area which forms a part of the traffic circle. However, the area is not
considered to be a park, and is not an area in which citizens, pedestrians, etc.
generally congregate or otherwise engage in expressive conduct. The holiday tree has
been decorated in a secular fashion and has been incorporated into the City's winter
holiday celebration which has likewise been secular and non -religious in nature.
In October 2005 private parties requested that the cities grant permission to
erect a menorah at the same location as the holiday tree, and allow a menorah lighting
ceremony on December 28, 2005, during the holiday of Chanukah. Based upon
advice of counsel, the City granted permission for placement of the menorah with the
admonition that the menorah lighting service must be non -religious in nature. Koenig
initially objected to the placement of the menorah on City property by way of a letter
dated November 5, 2005, and subsequently, by way of correspondence dated
November 15, 2005, requested permission to erect a nativity creche at the same
location. On November 28, 2005, Koenig was informed by the City of Atlantic
Beach, that his request had been denied based upon the City's review of a decision
from the United States Supreme Court issued in 1989. There is a dispute as to
whether the City of Neptune Beach ever formally denied Koenig's request, but
correspondence and other anecdotal evidence certainly suggest that a similar
conclusion was reached by that municipality.
Ultimately, on December 6, 2005, Koenig filed suit in federal court against
those municipalities, and in his pleading asserted that the cities had violated the
Establishment Clause and had further violated his rights to freedom of speech and
AGENDA ITEM #8A
JUNE 12, 2006
Mr. Jim Hanson
December 12, 2005
Page 3
equal protection guaranteed by the United States Constitution. In his Complaint
Plaintiff sought issuance of an injunction by the court compelling the cities to allow
his nativity display. He also sought an award of damages for violation of his
Constitutional rights and an award of attorney's fees and costs pursuant to 42 U.S.C.
§1988. A hearing was scheduled before U.S. District Court Judge Schlesinger for
December 9, 2005, at 10:30 a.m. for issuance of a temporary restraining
order/temporary injunction by the court. However, by virtue of both cities' decision
on December 8, 2005, to allow the display of the nativity creche, Plaintiff's request
for injunctive relief was rendered moot and the hearing was cancelled by mutual
agreement of the parties.
First Amendment - Religious Speech
The First Amendment provides in pertinent part that "Congress shall make no
law ... abridging the freedom of speech." U.S. Const. Amend. 1. A citizen's First
Amendment right of freedom of speech is protected from infringement by state
actors, such as municipalities, by the Fourteenth Amendment. See, Everson v.
Board of Education, 330 U.S. 1, 8 (1947). In determining whether a public entity's
regulation of speech violates a speaker's First Amendment rights, a court will
consider three issues. First, the court must identify the type of speech which is being
regulated. Secondly, the court must determine the nature of the relevant forum and
the accompanying level of scrutiny which the court must apply in considering
regulations on speech within That forum. Finally; the court must assess whether the
justifications for limiting speech in that forum, meet the applicable Constitutional
standards. See, e.g. Parkland Republican Club v. City of Parkland, 268 F.Supp. 2"d
1349 (S.D. Fla. 2003).
In determining whether the speech is protected, it is important to note that
there is a crucial difference between government speech endorsing religion, which the
Establishment Clause forbids, and private speech endorsing religion, which the Free
Speech and Free Exercise Clauses protect. Board of Education v. Mergens, 496
U.S. 226, 250 (1990). It is well established that private religious speech is protected
by the First Amendment. See, Capitol Square Review and Advisory Board v. Pinette,
515 U.S. 753, 760 (1995). Furtheimore, the courts have recognized that displaying
a religious symbol constitutes religious speech protected by the First Amendment.
AGENDA ITEM #3A
JUNE 12, 2006
Mr. Jim Hanson
December 12, 2005
Page 4
See, Snowden v. Town of Bay Harbor Islands, Florida, 358 F.Supp. 2nd 1178, 1190
(S.D. Fla. 2004); see also, Calvary Chapel Church, Inc. v. Broward County, Florida,
299 F.Supp. 2nd 1295, 1300 (S.D. Fla. 2003). Therefore, Koenig's requested public
display of the nativity creche would constitute private religious speech protected by
the First Amendment.
Constitutionally protected religious expression, however, is not guaranteed
unlimited access to government property. Grossbaum v. Indianapolis -Marion County
Bldg. Authority, 63 F.3d 581, 586 (7th Cir. 1995). The right to use government
property for one's private expression depends upon the nature of that property.
Therefore, in analyzing these issues, courts are required to move to the second
inquiry, which is the Supreme Court's forum analysis for determining when the
government's interest in limiting the use of its property to its intended purpose
outweighs the interest of those wishing to use the property for other purposes. In
other words, the extent to which the government can control access depends on the
nature of the relevant forum. Properly identifying the relevant forum requires an
approach that considers the government property at issue, as well as the type of access
sought.
Courts generally have divided governmental property into three categories:
traditional public fora, limited public fora, and non-public fora. See, Perry Education
Assoc. v. Perry Local:. Educators Assoc.,_460 U.S. 37 (1983). A traditional public
forum is a place, like a public park or street, that has traditionally been available for
public expression. International Society for Karisna Consciousness, Inc. v. Lee, 505
U.S. 672 (1992). In a traditional public forum any regulation of speech is governed
under strict scrutiny and regulation of speech must be narrowly drawn and necessary
to achieve a compelling state interest. Calvary Chapel Church, Inc. v. Broward
County, Florida, 299 F.Supp. 2nd 1295, 1300 (S.D. Fla. 2003).
A limited public forum is a public area that the government "has opened for use
by the public as a place for expressive activity." Id. This type of forum can be
created for a limited purpose such as use by certain groups or for discussion of certain
subjects. See, Carey v. Brown, 447 U.S. 455 (1980). In a limited public forum, the
government may restrict speech to the groups or topics for which the forum has been
AGENDA ITEM #3A
JUNE 12, 2006
Mr. Jim Hanson
December 12, 2005
Page 5
created, however any such restriction must be reasonable and must not discriminate
on the basis of viewpoint.
Finally, a non-public forum is one where public property is not by tradition or
designation a forum for public communication. Such a forum exists where the
government acts in its position as proprietor to manage its own internal operations,
as opposed to using its power as a regulator or a law maker. Restrictions on speech
in non-public fora are valid if they are reasonable and not an effort to suppress
expression merely because public officials oppose the speaker's view. Restrictions
on speech in non-public fora are reasonable when consistent with the government's
legitimate interest in preserving the property for the use to which it is lawfully
dedicated. Viewpoint neutrality demands that the state not suppress speech if the real
rationale for the restriction is disagreement with the underlying ideology or
perspective that the speech expresses. See, Snowden, supra. at 1191.
In analyzing the legal principles enunciated above, in light of the specific facts
in this case, there are two initial conclusions to be drawn. First of all, it is clear that
we are dealing with private speech as opposed to government speech. Secondly,
although the traffic circle would probably be considered a traditionally non-public
forum, we believe a court would deem this area to have been transfoiiiied into a
limited public forum since the cities have opened it up for use by the public as a place
for expressive ,activity, by -virtue of the placement of the holiday tree and
subsequently the menorah. Since the cities created a limited public forum, in which
various private parties may recognize the winter holiday season, the cities may
properly exclude other subject matter, but cannot exclude alternative viewpoints with
respect to the holidays.
Under these circumstances, it would be a violation of the parties' First
Amendment rights to exclude its religious viewpoint of the holiday season, including
Christmas. In this case, Koenig was denied permission to erect the nativity scene
because it was religious in nature. Accordingly, the religious viewpoint of his speech
was the stated justification for denying his request. Since the regulation of speech in
a limited public forum or public forum based upon viewpoint is impermissible, said
denial would, in all likelihood, be determined by the court to be a violation of
AGENDA ITEM #8A
JUNE 12, 2006
Mr. Jim Hanson
December 12, 2005
Page 6
Plaintiff's First Amendment rights. The cities concern that allowing this religious
display might violate the Establishment Clause is not valid under these circumstances.
Courts have held that when the display involves private speech, any perceived
endorsement of religion in a true public forum is simply misperception; the
Establishment Clause is not, in fact, violated. See, Chabad-Lubavitch of Georgia v.
Miller, 5 F.3d 1383 (11`h Cir. 1993).
There are several decisions from the U.S. Supreme Court and other courts
within the Eleventh Circuit which were dispositive of the issues in this case. A brief
summary of those decisions is set forth below.
Snowden v. Town of Bay Harbor Islands, Florida, 358 F.Supp.2c11178
(S.D. Fla. 2004). A citizen requested permission to erect a nativity in a
grassy area owned by municipality alongside existing holiday
decorations, including a menorah displayed by a private group. The city
denied Snowden's request to display the nativity and was sued under
the Establishment and Freedom of Speech clauses of the First
Amendment. The district court found that the city's denial of the request
was not reasonable and granted Snowden's request for preliminary
injunction requiring the city to allow her to place a nativity scene at the
area in question.
•
Calvary Chapel Church, Inc. v. Broward County, Florida, 299
F.Supp.2d 1295 (S.D. Fla. 2003). A church requested it sponsor a
religious display in the county's annual festival of lights holiday
celebration; the county denied this request. The court found that the
county created a nonpublic forum, or at most a limited public forum in
which sponsors may recognize the winter holiday season including
Christmas. Accordingly, the county may exclude other subject matter
but the county may not exclude alternative viewpoints, including
religious viewpoints, with respect to the holidays included in the
holiday festival.
Capitol Square Review & Advisory Bd. v. Pinette, 515 U.S. 753, 115
AGENDA ITEM #8A
JUNE 12, 2006
Mr. Jim Hanson
December 12, 2005
Page 7
S. Ct. 2440 (1995). The Ku Klux Klan requested and was denied a
permit to erect a Latin cross in the plaza next to the Ohio state capitol,
an area designated by law as a public forum. The court held that the
state did not violate the Establishment Clause of the First Amendment
by permitting a private party to display an unattended cross on the
grounds of the state capitol.
Chabad-Lubavitch of Georgia v. Miller, 5 F.3d 1383 (11th Cir. 1993).
A Jewish group brought action against the state of Georgia , challenging
the state's denial of permission to display a Chanukah menorah in the
rotunda of the state capitol. The Eleventh Circuit held that the state
would not violate the Establishment Clause of the First Amendment by
permitting a religious group to exhibit a menorah on a public plaza
during Chanukah under neutral open -access policy. The court also held
that even if the state had a compelling state interest in excluding the
group's menorah from a public plaza during Chanukah, its action did
not satisfy strict scrutiny under the free speech provision of the First
Amendment.
In addition to the First Amendment analysis set forth above, the cities'
decision to allow the display of the menorah, while at the same time disallowing the
display of the nativity scene, implicates a potential violation of Plaintiff's right to
equal protection as guaranteed by the Fourteenth Amendment. Essentially that claim
would be based upon an allegation that the city extended preferential treatment to the
Jewish faith, as opposed to the Christian faith, by approving the menorah while at the
same time disapproving the nativity scene. There is certainly legal authority for the
proposition that the menorah can be considered a secular symbol, i.e. Allegheny,
however many of the cases, including those cited above, conclude that the menorah
is primarily a religious symbol relating to a religious holiday. However, for the
purposes of analyzing the cities' liability and making recommendations for future
activities, a full discussion of the Equal Protection issues is beyond the scope of this
correspondence.
Based upon the materials which we have reviewed, it is my understanding that
AGENDA ITEM #3A
JUNE 12, 2006
Mr. Jim Hanson
December 12, 2005
Page 8
the cities' original decision to allow the menorah, but disallow the nativity creche,
was based upon an analysis of the United States Supreme Court's decision in
Allegheny County v. ACLU, 492 U.S. 573, 109 S.Ct. 3086 (1989). In Allegheny
County, supra., the court analyzed two separate holiday displays, a nativity creche
standing alone on the "grand staircase" of the Allegheny County Courthouse with a
distinctly religious message, and a Christmas tree alongside a menorah placed
together outside the City -County Building. The court ultimately held that the display
of creche violated the establishment clause because it appeared as if the county was
sending an unmistakable message that it supports and promotes a Christian message.
On the contrary, the display of the menorah next to the Christmas tree did not have
an unconstitutional effect of endorsing Christian and Jewish faiths. The court found
the tree and menorah appeared as a secular celebration of the winter holidays and
cultural diversity.
The Allegheny case is not dispositive to the case involving Mr. Koenig and the
City of Atlantic Beach and City of Neptune Beach. There are important distinctions
between the facts in Allegheny and the circumstances presented by the case at hand.
As previously explained, the analysis of these issues revolve heavily on the specific
facts presented. The Christmas tree and menorah in Allegheny were examples of
public speech, not private speech — the city erected both the tree and the menorah as
part of the city -sponsored holiday display.' Second, the nativity creche display,
while placed by a private &coup with a sign to that effect, stood alone and created the ..
appearance that the county endorsed the celebration of Christ's birth; it was the single
element of the display in a prominent location of the county courthouse.
Accordingly, based upon the above -referenced case law, we concluded that
Koenig has the right to freedom of speech in the Town Center traffic circle area by
displaying a nativity creche alongside the holiday tree and menorah (to be placed at
the site on December 24, 2005). In all likelihood, the City would not have prevailed
in the injunction proceedings Koenig filed against the City.
'While the menorah was donated by a private group, the city stored, erected
and removed the display each year.
AGENDA ITEM #3A
JUNE 12, 2006
NIr. Jim Hanson
December 12, 2005
Page 9
Options Available to City with Respect to Koenig Suit
In order to resolve the suit which has been brought by Koenig, the City of
Atlantic Beach essentially had two options, i.e. eliminate all holiday displays from
the area (including the holiday tree), or allow the requested nativity creche to be
added to the existing holiday displays. Ultimately, the City elected the latter course
of action and agreed to allow Mr. Koenig to place a nativity scene in the Town
Center. In addition, please note that any other requested private displays which are
related to the winter holiday season will need to be approved, in order to pass
Constitutional muster. In addition to the above, the City may wish to install a notice
or signage in the vicinity of these displays, indicating that they are privately
sponsored displays and are not sponsored or endorsed by the various cities.'
Recommendations for Future Action
In order to address this situation in the future, the City has several available
options, as follows:
1. Disallow all holiday displays at the Town Center traffic circle.
2. Allow privately sponsored holiday scenes displayed, without
discriminating as to viewpoint.
Limit any holiday display in this location to a _secular holiday tree which
is owned, erected and controlled by the governmental entities. All
requests for private displays in this locale should be denied and the
municipalities should exercise complete dominion and control over the
holiday display, in this non-public forum. Under those circumstances,
the decisions to restrict access regarding the selection of displays in the
area need only be reasonable.
In closing, we simply note that in the event the City is inclined to allow
'Sample language for the sign: "These displays have been erected by private
parties and are not intended to indicate any endorsement of religious beliefs by the
City of Atlantic Beach."
AGENDA ITEM #3A
JUNE 12, 2006
Mr. Jim Hanson
December 12, 2005
Page 10
private parties to erect displays during the holiday season, in this area or on other
public property, we would highly recommend that specific procedures be adopted,
by the City, to approve such displays. Those procedures should, at a minimum, set
forth time periods in which requests will be accepted, the identity of the decision
maker, a description of the approval process, criteria used to grant/deny approvals
and a reasonable time period within which decisions will be made. The criteria must
be content and viewpoint neutral, and may only regulate whether or not the content
is appropriate for the purpose of the forum and set forth the fair and content -neutral
procedures for applying for permission to erect a display. Such procedures are
necessary in order to allow the practice to pass Constitutional muster and avoid
some of the arguments which were raised by Plaintiff in the instant suit.
We trust that this correspondence adequately explains the legal analysis
which led to our recommendation that the City of Atlantic Beach authorize Koenig
to erect a nativity scene in the Town Center traffic circle. In addition, we have
attempted to provide guidance with respect to the City's future actions with respect
to holiday displays, in this complex, disputed and ever changing area of the law.
Should you have any questions regarding the above please do not hesitate to
give me a call and with best regards, I remain
Very truly yours, -
b41 Michael J. Roper
MJR/kc
AGENDA ITEM #3B
JUNE 12, 2006
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: The Palms Apartments
DATE: May 31, 2006
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
Henry J. Bartle, Lieutenant
Officer Chris Pegram (Photos)
BACKGROUND:
The Palms Apartments (formally Atlantic Gardens) located off Mayport Road was closed
and abandoned approximately a year ago. There were vehicles, appliances, furnishings
and other household items/goods left on the premises by the former tenants and
management.
The police department has located transients, drug dealer, drug abusers, prostitutes,
suspicious persons, juveniles, and others trespassing on the grounds and/or inside the
vacant apartments. The apartments have been vandalized and broken into on numerous
occasions. The apartment's doors and windows have been boarded up and re -boarded up
many times at the expense of the City of Atlantic Beach (manpower and materials). There
is garbage and debris strewn all over the apartment complex (inside and outside). The
grounds are not maintained and are often overgrown with vegetation.
While conducting frequent property checks in the apartment complex, police officers
have also found drug paraphernalia, used condoms, human waste, rotten food items and
dead rodents/cats. The apartment complex swimming pool was drained approx. 8 months
ago, however it still holds water after a rain and should be considered a health and safety
hazard. Note: There were some juveniles recently contacted in the pool, they were
attempting to completely drain the pool in order to use it for skateboarding.
Photos have been placed into a PowerPoint presentation for review.
BUDGET: None
RECOMMENDATIONS: The premises need to be properly cleaned up and secured, or
removed.
ATTACHMENTS: Photos
REVIEWED BY CITY MANAGER:
AGLNDA ITEM NUMBER:
AGENDA ITEM #8B
JUNE 12, 2006
1
AGENDA ITEM #8B
JUNE 12, 2006
2
AGENDA ITEM #8B
JUNE 12, 2006
3
AGENDA ITEM #8C
JUNE 12, 2006
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Deputy Chief John Campbell Retirement
DATE: June 5, 2006
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
Deputy Police Chief John Campbell retired on May 26, 2006. He served the Atlantic
Beach Police Department as a Lieutenant, Captain, and Deputy Police Chief over the
course of 16+ years of service.
In the past, when a police officer has taken a full retirement, the City of Atlantic Beach
has awarded the officer with his badge and his duty pistol. In each case, we have brought
this matter to the City Commission to obtain Commission approval. The purpose of this
staff report is to seek approval to continue this tradition.
BUDGET: The price of a .40 caliber Giock Model 22 is approximately $400.00, and a
badge is approximately $88.00. Currently, the Police Department has spare pistols and
badges, and the Police Department will not need to purchase replacement items in the
near future.
RECOMMENDATIONS: To approve awarding the .40 caliber Glock Model 22, Serial
Number BHG577US, and the Deputy Chief duty badge to Retired Deputy Chief John
Campbell.
ATTACHMENTS: None
REVIEWED BY CITY MANAGER:
AGE ' 1 A ITEM NUMBER:
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
AGENDA ITEM #8D
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
City Welcome Signs (Update)
Rick Carper, P.E., Director of Public Works, -----
June 5, 2006
At the February 13th Commission meeting, the Commission directed Staff
to take several actions to improve the condition and visibility of the City
Welcome Signs. The sign at Town Center was replaced by the sign from
Mayport Road, which was in turn replaced by the sign formerly at
Tideviews Park. The signs at Mayport Road, Seminole Road and Town
Center were repainted and reconditioned by City forces. Lighting has
been installed for these three locations (awaiting JEA meter installation at
the Seminole Road and Mayport Road locations).
Staff was requested to research and recommend a new sign for the
Tideviews location, which was viewed as the primary entrance to the City.
Staff has contacted Weathertop Woodcraft to obtain a proposed design
(Attachment 1). The proposed design is approximately 40 SF, Tess than
half the maximum size allowed by City Code. The proposed sign matches
the maximum height allowed of 8 feet (96inches), but is substantially
narrower than the allowed 12 feet.
Estimated cost for the Weathertop sign is $2,620 for 1 %2" cedar, or $2,785
for 1 1/2" high-density urethane foam. (shipping, posts and hardware for
installation are not included in this cost). The previously obtained cost for
lighting this sign was $2,500. Cost to replace the three other locations
with similar signs would be $2,890 (plus shipping, posts and hardware).
Staff will be meeting with Shimp Sign Company to determine if a similar
sign can be made / obtained locally.
RECOMMENDATION: For Commission information and discussion. Direction to Staff is
required for further efforts.
ATTACHMENTS: 1) Sketch of Proposed sign
BUDGET: There is approximately $74,000 remaining in Account 120-0000-519-6300
for Welcome Sign efforts.
REVIEWED BY CITY MANAGER:
June 12, 2006 Regular Meeting
AGENDA ITEM #8D
JUNE 12, 2006
Attachment 1
June 12, 2006 Regular Meeting
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
AGENDA ITEM ti8E
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Hurricane Protection for Commission Chambers (Update)
Rick Carper, P.E., Director of Public Works,
June 5, 2006
At the May 22 Commission meeting, Staff recommended procurement of
the Windshield Hurricane Protection System for the City Commission
Chamber Windows and doors. The Commission expressed concern
about the type and rating for the fasteners for this system and directed
Staff to get an updated quote for using aluminum and Lexan panels for
the proposed protection.
Staff obtained quotes for 1) all aluminum panels, 2) all Lexan panels, and
3) a mixture of Lexan on the upper windows and aluminum on lower
windows. The top channel for mounting the panels would be permanently
mounted, the bottom channel of r the lower windows would be removable
with stainless steel sidewalk bolts.
Staff was also requested to determine the wind load standards to which
the Commission Chambers were constructed. From the 1989
construction plans, City Hall and the Commission Chambers were
constructed to the Standard Building Code wind load requirement for
Coastal Exposure - 110 mph (fastest mile wind). This is comparable to
current building code requirements of 130 mph (V3S — 3 second gust wind
speed). All window protection systems evaluated are rated to this same
wind speed.
RECOMMENDATION: Staff recommends procuring the Windshield HPS system with the
dual lock fastener system. Because the Commission Chamber
window frames are inset inside cedar outer frames, the panels
would be protected from wind shear behind pushing them cut.
The dual lock system is available in a black or translucent color
and would be the least noticeable.
ATTACHMENTS:
BUDGET:
1) Cost Comparison
2) Pictures of Installed Products
There is $10,000 allocated in Account 131-0000-519-64-00 for
Commission Chamber hurricane protection in FY 2006.
REVIEWED BY CITY MANAGER:
June 12, 2006 Regular Meeting
AGENDA ITEM #8E
JUNE 12, 2006
June 12, 2006 Regular Meeting
System
Type
Cost
Windshield HPS
Translucent panel
$8,700.00
Armor Screen
Netting
$14,000.00
Aluminum Storm panels (all) — ACE
Opaque panel
$9.433.00
Lexan Storm panels (all) — ACE
Transparent panel
$15.933.00
Mixture Lexan (high) / AL (low) - Rollaway
Mixture
$14,730.00
June 12, 2006 Regular Meeting
AGENDA ITEM #SE
JUNE 12, 2006
AGENDA ITEM #8E
AGENDA ITEM #8E
JUNE 12, 2006
AGENDA ITEM #8F
JUNE 12, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Discussion of 35 -foot height limitation language to be considered within
the ordinance authorizing a voter referendum amendment to the City Charter.
SUBMITTED BY: Sonya Doerr, AICP Community Development Director 14n
Alan Jensen, City Attorney
DATE: June 5, 2006
BACKGROUND: As discussed at the May 8th City Commission meeting, City staff has
consulted further with the owners of the Sea Turtle Inn regarding their future expansion plans and
how such plans might be impacted by the proposed 35 -foot height limit referendum. The Sea
Turtle does anticipate significant improvements and expansions to the existing hotel facilities, and
have expressed a desire to be able to look at options, which could exceed 35 -feet for some portion
of a future expansion. In response to those communications, the proposed language has been
revised as set forth below. In summary, if enacted this language would allow for consideration of
the Sea Turtle to expand on that portion of the existing property, which is located to the south of
Ahern Street, subject to approval by the City Commission. Further, any approved additional height
could not exceed that of the hotel as it now exists. Also, language has been added to clarify that the
existing height exceptions limited only to exterior architectural design elements, exterior decks or
porches, and only for non-residential uses could still be considered by the City Commission.
ARTICLE XIV. ZONING AND LAND DEVELOPMENT REGULATIONS
"Section 59. Zoning, Land Development Regulations and Maximum Building Height.
Zoning and Land Development Regulations shall be in accordance with
Florida Statutes or as otherwise provided for in the Code of Ordinances, except that in
no case shall the maximum Height of Buildings within the City of Atlantic Beach
exceed thirty-five (35) feet, except as specifically set forth within this Section.
Provided, however, that existing Buildings, which exceed 35 -feet in height
may be repaired to that existing height, and no alterations shall be made to any
Building, which would cause that Building to exceed 35 -feet in height, and this
Charter provision shall not restrict any property owner's vested rights under
constitutional, statutory or common law.
Further provided, however, that requests to exceed the maximum Height of
Building of thirty-five (35) feet or twenty-five (25) feet, as applicable, may be
considered and approved only within non-residential land use categories for non-
residential development, only for exterior architectural design elements, exterior decks
or porches, and only as approved by the City Commission pursuant to the applicable
provisions and procedures of the City's Land Development Regulations.
AGENDA ITEM #8F
JUNE 12, 2006
The only property excepted from this height limitation shall be a portion of the
existing Sea Turtle Inn hotel property, located at 1 Ocean Boulevard, Atlantic Beach,
Florida, which portion is bounded by Ahern Street on the north, the Atlantic Ocean on
the east, Atlantic Boulevard on the south, and Ocean Boulevard on the west.
However, any future development, redevelopment or expansion on this portion of the
property, which is proposed to exceed 3 5 -feet in height, shall be subject to approval by
the City Commission and shall in no event exceed the height of the existing hotel
structure as of the effective date of this Ordinance.
Amendments to this Section of the City Charter shall be made only in
accordance with Article X of the Charter, Initiative and Referendum."
BUDGET: No budget issues.
RECOMMENDATION: Direction to staff to schedule and notice for first/second reading of
Ordinance as required to proceed with proposed Charter referendum amendment.
ATTACHMENTS: None.
REVIEWED BY CITY MANAGER:
June 12, 2006 regular meeting
AGENDA ITEM #9A
JUNE 12, 2006
June 5, 2006
MEMORANDUM
TO: The Honorable Mayor
and Members of the Commission
FROM: Jim Hans
anager
SUBJECT: City Manag is Report
City Building Official; As previously reported, Don Ford has retired from the City of Atlantic
Beach as the City Building Official. He continued to serve on a part time basis until June 2m1
While the City of Atlantic Beach has a Deputy Building Official who is fully competent to do
most inspections and plan reviews and has a provisional license from the State of Florida as a
Building Official, state law requires that each jurisdiction that approves plans and does
inspections most have a fully certified Building Official supervising the work of others,
including those who may have provisional certificates.
While the City continues to recruit to hire a full time employee as a Building Official, it is
necessary to have a Building Official at least on a part time basis so that operations can continue.
The firm of GFA International has been contracted to provide the services of a Building Code
Administrator at a rate of $95.00 per hour. We anticipate using their services for approximately
16 hours per week. Additionally, GFA is available to provide plan review services for some of
the more complex commercial and industrial permits. These services are priced at $85.00 per
hour and will be provided through their Orlando office.
Utilizing a state certified Building Code Administrator for approximately two days per week will
provide the compliance with state regulations and will allow the combination of city staff and
contractors to provide plan reviews and inspections following our normal schedules.
Florida League of Cities Annual Conference; The annual conference for the Florida League of
Cities will be held this year in Jacksonville on August 10 -12th at the Hyatt Regency Hotel.
During this conference, each of the Florida League of Cities' six policy committees will meet to
discuss legislative priorities for the upcoming year and a number of educational sessions for local
elected officials will be available. A copy of the preliminary schedule is attached. See Donna
Bussey for registration
AGENDA ITEM #9A
JUNE 12, 2006
Li Workshops Topics
Under Development
The League is working on an exciting and
timely list of topics for this year's workshop
program. Topics will be announced in the June
issue of the Datagram and will also be posted
on our Web site at www.flcities.com.
Thursday, August 10, 2006
8:00 a.m. - 6:00 p.m.
2egistration Open
3:30 a.m. - 11:30 a.m.
.'re -Conference Seminar
"Creating Partnerships for Creative Solutions"
'resented by: Wendy Grey, AICP, Principal, Wendy
Grey Land Use Planning, Tallahassee
iee page 4 for seminar details.
Additional registration fee of $90.00 required.
d:30 a.m. - 5:00 p.m.
rlorida League of Mayors Meeting
)pen to mayors only. Sponsored by Leadership
Florida.
'1:30 a.m. - 2:00 p.m.
Florida Black Caucus of
ocal Elected Officials Luncheon
. or more information contact Commissioner Carlton
B. Moore, City of Fort Lauderdale, at cmoore@
)rtlauderdale.gov.
12:00 p.m. - 4:30 p.m.
xhibit Hall Open
1:30 p.m. - 3:30 p.m.
FLC Policy Committee Meetings
Criminal Justice
Environmental Quality
Intergovernmental Relations
Municipal Finance & Taxation
Retirement, Personnel & Collective Bargaining
Transportation & Urban Administration
4:00 p.m. - 5:00 p.m.
Resolutions Committee
4:00 p.m. - 5:00 p.m.
First -Time Attendees' Orientation
If this is your first FLC Conference — Welcome!
This workshop will acquaint you with the League,
the conference program (with tips for the best use
of your time), how to get involved in your local
or regional league, FLC legislative policy com-
mittees and other municipal services. Come and
join League officers, staff and your colleagues as
each shares ways to take advantage of all that the
League has to offer. Be sure to attend this important
and informative session.
6:00 p.m. - 7:00 p.m.
President's Reception
Friday, August 11, 2006
7:00 a.m. 5:00 p.m.
Registration Desk Open
7:00 a.m. - 1:00 p.m.
Exhibit Hall Open
(Prize Drawings at 12:30 p.m.)
8:00 a.m. - 5:00 p.m.
Internet Cafe
Do you want to learn more about computers and
technology? Are you looking for technology ser-
vices for your city? Need a place to relax? Or do
you just want to browse the Internet, check your
Web -based e-mail or get some work done? Again
this year, the League's Technology Services Depart-
ment and the Florida Local Government Information
Systems Association will provide an Internet Cafe.
Frill y, August 77, 2006 (cont,)
The eFLC Internet Cafe is a place where both new
and experienced computer users are welcome.
Now you don't have to go back to your room or
find a place to "get connected"; your connection
to the information superhighway is in the eFLC
Internet Cafe. You will enjoy personal attention and
professional service. Be sure to look for us at the
conference and visit us at the eFLC Internet Cafe!
8:00 a.m. - 9:30 a.m.
Round One: Concurrent Sessions
9:45 a.m. - 11:30 a.m.
Opening General Session
Featuring the E. Harris Drew Award presentation
and a Keynote Presentation by James Lee Witt.
11:45 a.m. - 3:00 p.m.
Grants and Technical Assistance
Resource Center
This unique and valuable session will provide you
with grants information, technical assistance and
other resources that are available to your' city. The
Resource Center is specifically designed so that
you may drop by at your convenience to meet with
representatives from various state, federal and
private organizations that provide grants and other
services. Preview the 2006 version of FLC's much
sought after grants exchange guide, Financial and
Technical Assistance for Florida Municipalities,
which will be sent to your city. You will want to
check this workshop asa "must attend!"
11:45 a.m. - 1:00 p.m.
Women Elected to
Municipal Government Luncheon
Luncheon by invitation only. If you do not receive
your invitation, please call Helen Ludwig, executive
director, at (904) 743-6042.
11:45 a.m. - 1:00 p.m.
Sidewalk Cafe in Exhibit Hall (Cash Sales)
1:00 p.m.
Walking Tour of Downtown Jacksonville
Come join us for a walking tour of downtown
Jacksonville near and around the hotel. Led by a
"Downtown Ambassador," we will see what Jack -
AGENDA ITEM #9A
JUNE 12, 2006
sonville offers to its vibrant downtown community. i he
tour ends at the famous Jacksonville Landing.
There is no charge for the walking tour, but prereg-
istration is required. To register, contact Jan Piland at
(850) 222-9684 or jpiland@flcities.com.
1:15 p.m. - 2:45 p.m.
Round Two: Concurrent Sessions
1:15 p.m. - 2:45 p.m.
Florida Association of City Clerks Workshop
1:15 p.m. - 2:45 p.m.
Guest Session
"Becoming an American Idol in
Your Personal and Professional Relationships"
Presented by: Mel Jurado,
M.S., M.A., Ph.D., CWFP,
The Profitable Group, Tampa
Enjoy a humorous look at
how the differences among
us can build up or tear down
relationships. In this session,
participants will identify style
strengths and weaknesses, as they poignantly explore
why we click with some people, while clanking with
others.
Dr. Mel is back by popular demand. For those of you
fortunate enough to participate in her presentation two
years ago, you'll hear additional ways to build upon
your relationship skills. Those who didn't participate in
2004 will not want to _miss this opportunity to have fun
while you laugh and learn! Dr. Mel's primary goal is to
personally lead, and help others lead, richer and fuller
lives.
3:30 p.m. - 5:30 p.m.
Candidates' Forum
Find out where the candidates stand on all the major
issues facing the state and country in this election year.
Both gubernatorial and U.S. Senate candidates have
been invited to participate in this forum.
5:30 p.m. - 6:30 p.m.
"Meet the Candidates" Reception
All candidates participating in the forum have been
invited to attend this reception.
Evening Open
Saturday, August 72, 2006
7:00 a.m. - 3:00 p.m.
Banquet Ticket Exchange
7:30 a.m. - 8:45 a.m.
Various Local/Regional
League Breakfast Meetings
(Contact your local league for more information.)
8:00 a.m. - 5:00 p.m.
Internet Cafe
See Page 5 for more information.
8:30 a.m. - 3:00 p.m.
Registration Desk Open
9:00 a.m. - 10:30 a.m.
Second General Session
Featuring a Keynote Presentation by Joe Scarborough.
11:00 a.m. - 12:15 p.m.
Round Three: Concurrent Sessions
12:30 p.m. - 2:30 p.m.
Past Presidents' Luncheon
The Laughing Stock — Cabaret -Style Political
Parody at its Best!
Smart, edgy, funny,
satirical and unfor-
gettable! Enjoy the
cutting-edge humor
of The Laughing
Stock, a troupe of
professional sing-
ers and actors based in Florida's Capital City. Writers
Peggy Brady and Elise Judelle draw upon state, nation-
al and international news and infamous personalities
for their original musical parodies. Performed cabaret
style, old standards, Broadway melodies and rock 'n'
roll hits are all treated to their satirical spin. You want
to laugh? Then attend the past presidents' luncheon
so you won't miss this wonderful ensemble of comedic
geniuses.
Voting Delegate Registration, Business Meeting and
awards immediately following luncheon.
6:00 p.m. - 11:00 p.m.
Childcare Provided
(See enclosed registration form.)
6:30 p.m. - 7:30 p.m.
Reception
AGENDA ITEM #9A
JUNE 12, 2006
7:30 p.m. - 10:30 p.m.
Banquet and Entertainment
Note: Due to seating limitations, we ask that
parents of children under five years old take
advantage of our complimentary childcare service.
See enclosed form for details.
Richard Jeni — Award-winning Comedian
and Actor
Back by popular demand!
Enjoy the brilliant and rip-
roaring humor of actor and
funnyman Richard Jeni at
this year's annual banquet!
Jeni is immediately recog-
nized for his role as Jim
Carrey's sidekick in the blockbuster hit The Mask,
and as a frequent guest on all of the late night talk
shows. In addition to his movie and stand-up work,
Jeni created award-winning specials for HBO — A
Good Catholic Boy, Platypus Man — and most
recently, A Big Steaming Pile of Me. Jeni's humor
benefits from his youth in the rough neighborhood
of Brooklyn, combined with a keen mind and
perceptive observations of the human condition.
A mental cartoonist, he paints funny images with
words and actions, completely transporting the
-audience into his off-the-wall but honest interpreta-
tions of the world. In a recent Comedy Central poll,
Jeni was voted one of the 100 Greatest Stand -Ups
of All Time. Be entertained by one of film's most
comedic actors, Richard Jeni!
(*subject to change)
AGENDA ITEM #10A
JUNE 12, 2006
Hanson, Jim
From: AJensenLaw@aol.com
Sent: Monday, June 05, 2006 6:17 PM
To: Hanson, Jim
Cc: Doerr, Sonya
Subject: Chap.24 changes to administrative approval of 2 lot subdivisions
Jim:
You have asked for my opinion regarding the above subject and other possible factors to consider in an
ordinance which would codify any such changes to the administrative approval of 2 lot subdivisions. The matter
was last presented to the city commission in Agenda Item 8B at the commission meeting held on May 22,2006.
A draft of the proposed changes to Sec.24-189 was included in 8B, and I have serious concerns regarding
some of those changes, as follows:
(a)(1) The last sentence requiring location of all "private protected trees" seems inappropriate and
unnecessary for the Community Development Board's consideration. Any applicant for a building permit will have
to present the required information and survey to the Tree Board as a prerequisite to obtaining a building permit,
and I believe we should leave all such matters to the Tree Board.
(a)(2) This again brings matters for the Tree Board into play for the Community Development Board, which
should not be done. This also appears to add requirements to a lot resulting from a subdivision that are not
requirements to a standard lot. This section should be limited to the minimum yard requirements, which I assume
means that the proposed new lots can be built on with all setback requirements being met.
(a)(3) I don't know where the 24 months came from, but unless there is some justification for this period of
time, it could be considered an arbitrary amount of time, and we should avoid anything that might be considered
arbitrary.
(a)(4) Omit the last 4 words from this section "...as may be amended." This is unnecessary and may well
lead to other questions that are unnecessary.
(a)(5) This section concerns me greatly. This would allow much discretion with the Community
Development Board, and our goal should be to set guidelines which, if met by an applicant, would result in
approval of the requested subdivision. I would suggest this section be eliminated.
(b) Appeals: if there is already a provision for appeals to the city commission in Chap.24, perhaps that
could be referenced here. However, if the intent is for the city commission to establish guidelines for the 2 lot
subdivisions and then 4et the Community Development Board make the decision if the guidelines have been meet,
I don't think an appeal to the city commission could be appropriate. Just as the Community Development Board
is the final word on granting or denying variances in the city, they can certainly be the final word on 2 lot
subdivisions, especially if the commission sets forth clear and unequivocal guidelines in their legislation.
I also understand that other possible factors have been discussed or brought up to consider adding to the
changes to administrative approval of 2 lot subdivisions, such as lot size, neighborhood input, trees, and the like.
The lot size question is simple: if the proposed Tots meet the size requirements of the zoning classification, the
subdivision cannot be denied on a lot size basis. Regarding trees, I have addressed that above, and I don't
believe the Community Development Board should be concerned with the trees, nor should the city commission
add conditions to subdivided Tots that are not applicable to standard lots (ie., Tots NOT resulting from subdivision).
The imput of neighbors is always important, but cannot really be considered by the Community Development
Board unless the neighbors are presenting competent, substantial evidence which is pertinent to the factors to be
considered by the Board. Pure opposition of neighbors because they don't like the proposed subdivision or
something like that should not be considered by the Board in making its decision. I would strongly suggest not
including anything in the proposed changes regarding neighborhood input, which could very well lead to
subjective determinations by the Board, which we have to avoid. All decisions by the Board on 2 lot subdivisions
should be based on objective factors established by the city commission in amendments to the ordinance.
I cannot think of anything further to address on this matter, and hopefully the above information is helpful to
you. If you have any questions at all regarding the above, please let me know and I'll be happy to discuss them
6/612006
AGENDA ITEM #10A
JUNE 12, 2006
with you. Alan
74ca4 e e4te Elceere
935 North Third Street
P.O. Box 50457
Jacksonville Beach, FL 32240-0457
(904) 246-2500
(904) 246-9960 FAX
AJensenLaw@aol.com
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AGENDA ITEM #10A
JUNE 12, 2006
AGENDA ITEM SB
MAY ?2, 2006
ORDINANCE NUMBER. 90-06-192
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, SPATE OF FLORIDA, AMENDING
ARTICLE IV, SUBDIVISION REGULATIONS, DIVISION 1, OF
CHAPTER 24, THE ZONING, SUBDIVISION ANI) LAND
DEVELOPMENT REGULATIONS AS INITIALLY ADOPTED BY
ORDINANCE NUMBER 90-01-172, SPECIFICALLY AMENDING
SECTION 24-189, PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the appropriate and lawful division of Land is a vital step in the
progress of the community's development, it is the intent of the City to establish reasonable
and equitable standards and procedures for the division of land that will encourage stable
communities and healthy living environments, and which preserve the natural beauty of the
City of Atlantic Beach.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Municipal Code, Chapter 24, the Zoning, Subdivision and Land
Development Regulations, Article IV, Division 1, Section 24-189, is hereby amended and
upon enactment shall read as follows.
Sec. 24-189. Exemptions from the requirement for approval and recording of a Final
Subdivision Plat or Replat.
(a) Building Permits may be issued following divisions of Land without the need for
approval of a Final Subdivision Plat. or a Rcplat only in accordance with each of
following provisions (1) through (8).
(1) Approval at a public hearing by the Community Development Board of a Certified
Survey depicting.the proposed new lots and upon finding that each of_the following
requirements and conditions are demonstrated. The Certified Survey shall also
depict the location of all Private Protected Trees, as defined by Chapter 23 of this
Code of Ordinances.
(2) The Certified Survey shall demonstrate that each proposed new lot contains
sufficient area to meet all minimum Yard Requirements and that removal of no
Private Protected Trees, as defined by Chapter 23-16, shall be required solely for
the purpose of creating sufficient buildable area on the new lots. The Survey shall
also identify the general intended building footprint location in relation to existing
Private Protected Trees.
(3) The division results in no more than two (2) contiguous Lots orParcels, and no
division of any portion of the lands subject to such a request under this Section shall
have been divided during the preceding twenty-four (24) months.
Page 1 of 2
Ordinance Number 90-06-192
AGENDA ITEM #10A
JUNE 12, 2006
n�s.iv ly [i iA i1!,IV OI
MAY 22, 21N)6
(4) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and
access requirements of the applicable Zoning District, the Comprehensive Plan and
all other applicable requirements of these Land Development Regulations, as may
be amended.
(5) The resultant new lots are generally consistent in size, width, depth and shape with
surrounding development and established platting patterns.
(6) The division and the resultant new Lots shall not create any Nonconforming
Structures or any other Nonconforming characteristic.
(7)
(8)
Such Certified Survey shall be submitted to and approved the Community
Development Board prior to recording of a deed for transfer of ownership of Lands,
and shall be recorded as an addendum to the deed(s). It shall be the responsibility
of the property owner(s) to provide evidence of the approved Certified Survey
along with any application for Building Permits.
Notice of such requests to divide lots under the terms of this Section shall be
provided as set forth in Section 24-52 (c) of this Chapter.
(b) Appeals. An Applicant may appeal a decision of the Community Development Board
made pursuant to this Section to the City Commission. Such appeal shall be filed in
writing with the City Clerk within thirty (30) days after rendition of the final order of
the Community Development Board, and shall be heard at public hearing before the
City Commission.
(c) Townhouses and residential Dwellings held in Fee -Simple Ownership. Townhouses
and Two-family Dwellings, when divided in ownership, shall not constitute a division
of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such
Dwellings are otherwise in compliance with these Land Development Regulations and
the Comprehensive Plan.
SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City
of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida
Statutes.
Passed upon first reading and public hearing by the City Commission of the City of
Atlantic Beach this day of , 2006. Passed upon final reading and public
hearing this day of , 2006.
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness: ATTEST :
ALAN C. JENSEN, ESQUIRE
City Attorney
DONNA BUS SEY
City Clerk
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