Agenda Packet 3-13-2006- vi
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING MARCH 13, 2006
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of February 27, 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 STAMP
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS
A. Acknowledge receipt of Public Works and Utility Department Monthly Report for
February and Report of New Occupational Licenses issued in February (City
Manager)
B. Award a contract for Design/Construction for Wooden Bridge for the Plaza Drive
Bike Path (Bid No. 0506-6) to A -One Dock Builders in the amount of $17,158.00,
authorizing the City Manager to execute the agreement for construction services on
the City's behalf (City Manager)
C. Award the contract for Water Main Improvements at Sailfish and Plaza (Bid No.
0506-3) to Gruhn May, Inc. in the amount of $65,219 and authorize the City
Manager to sign the contract (City Manager)
D. Reject all bids for the Frances, Royal Palms and Sailfish sidewalk extension project
(Bid No. 0506-4) and use the Annual Concrete Repairs Contractor, Gruhn May, for
the construction (City Manager)
E. Award the contract for Repair and Painting of Elevated Tank at Water Plant #1 (Bid
No. 0506-5) to Worth Contracting in the amount of $85,690 and authorize the City
Manager to sign the contract (City Manager)
F. Award the bid for Ditch Spraying and Maintenance (Bid No. 0506-8) to Bluewater
Environmental as the lowest bidder with a complete bid package (City Manager)
5. Committee Reports
None
6. Action on Resolutions
None
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7. Action on Ordinances
A. Ordinance No. 90-06-188, Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF
ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION
24-17, DEFINITIONS, AND PROVIDING AN EFFFECTIVE DATE
(related to the use of pavers, pervious concrete or open grid paving systems)
B. Ordinance No. 20-06-75, Final Reading and Public Hearing
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. Request for Commission Direction with respect to revision of the definition of
Impervious Surface within Section 24-17 of Chapter 24, the Land Development
Regulations, related to the designation of swimming pools as pervious area (City
Manager)
B. Proposed Teen Limits for Board and Committee Members (City Manager)
C. Request from Charles and Dianne Drysdale for a Waiver from Section 24-151 (b) ii
of the Land Development Regulations (Accessory Uses and Structures regulations)
to allow play equipment in the front yard within a residential Zoning District for
property located at 2051 Seminole Road (City Manager)
D. Appointments to the Board Member Review Committee (City Manager)
E. Oil drilling resolution (Mayor)
9. City Manager
A. City Manager's Report
10. Reports and/or requests from City Commissioners and City Attorney
A. Discussion of Administrative Approval of Lot Subdivisions (Mayor Wolfson)
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, foims 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, March 10, 2006.
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Attendance
COMMISSION MINUTES
REGULAR CITY COMMISSION MEETING
February 27, 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
Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given
by Commissioner Waters, was followed by the Pledge of Allegiance to the Flag.
The Mayor welcomed Art Graham to the meeting.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
February 13, 2006.
Motion: Approve the minutes of the Regular Commission Meeting on
February 13, 2006.
Moved by Borno , 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
Councilman Art Graham, 15 6th Avenue North, Jacksonville Beach, invited
everyone to attend a Town Meeting with the School Board to be held on March
2, 2006, 7:00 — 8:30 pm at Jacksonville Beach City Hall with special guest,
Mayor John Peyton.
Pat Pilmore, 995 Camelia Street, spoke against a proposed HUD project that
failed, but would support efforts by Beaches Habitat to provide nice, low income
housing. She addressed the concept of districting and requested that the
committee meetings be open to the public and allow their input.
Joe Fitzgerald, owner of 1718 Selva Marina Drive, was advised that he would
have an opportunity to address the Commission later in the meeting under
Miscellaneous Business.
February 27, 2006 REGULAR COMMISSION MEETING Page 2
Stephen Kuti, 1132 Linkside Drive, requested that phone numbers for all the
Commission be listed on the city's website and/or newsletter.
Jane Wytzka, 352 2nd Street, thanked the Commission for their stand on lot
division in Atlantic Beach.
A. Presentation of an Independent Auditor's Report by Purvis, Gray &
Company
This item was addressed later in the meeting.
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 following topics: Amendments to the Dangerous Dog Ordinance
and Pedestrian Path System.
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
A. Presentation of an Independent Auditor's Report by Purvis, Gray &
Company
This item was taken out of order and acted upon at this time.
Ron Whitesides, Audit Partner of Purvis Gray & Company, reported that the
audit went very well and as a result of this years audit had no findings relating to
the city. Mr. Whitesides referred to page six to explain that expenses went up by
$800,000 or at a rate of five percent (5%) and revenues up by $2.6 million or by
fifteen percent (15%) from the prior year. He explained that the improvement in
revenue appeared to be driven by utility rate restructuring and that water and
sewer revenues have increased by almost a half million dollars. He reviewed the
income statement and explained the two million dollar increase in equity of the
City.
He reported that: 1) no compliance issues regarding regulations were found, 2)
the balance sheet shows a positive increase in equity, and 3) the City is in a
strong financial position. Mr. Whitesides also reported that the Retirement plan
for the City was reviewed and appears more positive than in previous years due
to positive returns from investments.
Mr. Whitesides asked the Commission for questions or comments. Commissioner
Borno complimented Finance Director Nelson Van Liere and City staff on their
efforts to achieve a strong financial position for the City. Commissioner Fletcher
agreed with Commissioner Borno's comments. Commissioner Waters inquired
Consent Agenda
February 27, 2006 REGULAR COMMISSION MEETING Page 3
about the ratio between the City's contributions to the plan and the rate of return
on investments. Mr. Whitesides responded that the City's contributions are
adequate. He explained that the actuary attempts to, over time, have the plan be
adequately funded to pay the benefits of the members as they retire and have the
members, along with their matching contribution by the city, fund their retirement
obligation while they are working for the city. He reported that the rate of return
has not met the actuary projections of eight percent. He further reported that the
city has funded everything and the actuary will increase the city's contribution
over time, to make up the deficit that's been caused by a lack of rate of return.
Mayor Wolfson thanked Ron Whitesides for his report.
4. Consent Agenda
A. Acknowledge receipt of Financial Report for January 2006
B. Acceptance of Ownership and Maintenance Responsibility for Public
Improvements on Stocks Street Extension
Mayor Wolfson requested that Item A be pulled for discussion purposes.
Motion: Approve Consent Agenda Item 4B as presented.
Moved by Waters, seconded by Borno
Votes:
Aye: 5 — Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Finance Director Nelson Van Liere addressed the Commission and answered
Mayor Wolfson's questions regarding the difference between the annual
estimated revenues of $22.6 million and projected expenses of $24.9 million for
this year's budget. The city had decided to spend some of the fund balance
acquired from previous years in this year. Nelson Van Liere gave examples of
the largest numbers that caused it. He explained that $1.3 million dollar
difference was due to the Hopkins Creek Project and $475,000 on the Public
Safety Building. Mayor Wolfson inquired about the effect on the budget if the
City does not complete the acquisition of Hopkins Creek this year. If the funds
are not spent they will stay into fund balance to be re -budgeted and the financial
report would be adjusted accordingly.
Motion: Acknowledge Receipt of the Financial Report (Consent Item 4A)
Moved by Borno, seconded by Waters
Votes:
Aye: 5 —Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
February 27, 2006 REGULAR COMMISSION MEETING Page 4
Miscellaneous Business 8. Miscellaneous Business
E. Approval of Settlement Agreement with Lindley Tolbert Design, Inc.
and approval of the Replat (City Manager)
Mayor Wolfson explained that the Commission would take this item out of order
and address it at this time.
City Manager Hanson presented a brief overview of the case. He explained that
both sides have now agreed and the settlement is before you to consider.
Marcia Tjoflat explained the process that the city has gone through and why the
city decided to pursue a Settlement Agreement with Lindley Tolbert Design, Inc.
instead of taking it to court. Ms. Tjoflat suggested one change in the Settlement
verbiage on page 2, paragraph 3, to add the word "then-" to make it say "then -
current". She advised that she had discussed the change with the applicant's
attorney and explained why the recommendation to add the word was made.
Discussions ensued. Mayor Wolfson thanked Ms. Tjoflat for her explanation
and asked the City Attorney for comments. City Attorney Alan Jensen had no
comments to add. Ms. Tjoflat advised the Commission that a new question is
being raised and asked to have a few minutes to discuss with Ms. Tolbert and her
Legal Counsel. Mayor Wolfson agreed to allow time to negotiate. (This item
continues later in the meeting.)
The Mayor continued to the next agenda item.
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-06-188, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF
ORDINANCES, THE LAND DEVELOPMENT REGULATIONS,
SECTION 24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE
DATE
Commissioner Waters expressed concern regarding the language of the
Ordinance regarding swimming pools. A brief discussion ensued noting that
action is to be taken on pavers only at this time, not on swimming pools.
Motion: To approve Ordinance No. 90-06-188 on first reading.
February 27, 2006 REGULAR COMMISSION MEETING Page 5
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mayor Wolfson acknowledged that Ms. Tjoflat was back in the room and ready
to continue with the Settlement Agreement action.
Miscellaneous Business 8. Miscellaneous Business
E. Approval of Settlement Agreement with Lindley Tolbert Design, Inc.
and approval of the Replat (Continued)
Mayor Wolfson stated that action on the Settlement would go forth in the form of
two motions.
Motion: Approve the Settlement Agreement with Lindley Tolbert Design,
Inc. and authorize the Mayor to sign the document.
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 —Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Legal Counsel, Marcia Tjoflat suggested that for the record, the applicant's
attorney should state to the Commission that his client will sign the Settlement
Agreement with the City. Lindley Tolbert, President of Lindley Tolbert Design
Inc., addressed the Commission and agreed to sign the Settlement as set forth.
Motion: Approve the replat (as authorized and included as "Exhibit A" in
the Settlement Agreement with Lindley Tolbert Design, Inc.) and authorize
all necessary signatures.
Commissioner Fletcher expressed concern over the process and the delay in
receipt of the revised version. Legal Counsel Tjoflat apologized for the
inconvenience, but circumstances delayed the submission of the modified
agreement.
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 — Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mayor Wolfson thanked Ms. Tjoflat as well as Lindley Tolbert and her Legal
Counsel.
February 27, 2006
REGULAR COMMISSION MEETING Page 6
Action on Ordinances 7. Action on Ordinances
B. Ordinance No. 5-06-45, Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY
COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING
AN EFFECTIVE DATE
Mayor Wolfson read the ordinance by its title and opened the floor to a public
hearing. There were no comments from the public. The Mayor closed the public
hearing and brought the item before the Commission for a motion.
Motion: To approve Ordinance No. 5-06-45 with Sec 2-20(b) as it was
originally submitted reading "by the Consumer Price Index for all Urban
Consumers (CPI -U) released in August" with no other changes.
Moved by Borno, seconded by Simmons
Amended Motion: To amend the original ordinance, Section 2-20(b), by
deleting the word "shall" and inserting the word "may" and add a closing
sentence that would read, "Such adjustments shall be approved by the
Mayor and Commission in the form of a resolution."
Moved by the Mayor, seconded by Waters
Mayor Wolfson expressed concern with an automatic renewal.
Commissioner Borno expressed concern that the salary issue will become
politicized unnecessarily. Commissioner Fletcher agreed with Commissioner
Borno and pointed out the cost factor is minor relative to the time that would
require the Commission to review the issue.
Commissioner Waters requested clarification on the proposed language and
believed the first sentence in Sec. (b) should be changed.
Mayor Wolfson offered ideas for new language and expressed to the
Commission that City Attorney Jensen advised him that the adjustment could not
be done in the form of a resolution, because that's in conflict with the city charter
but would have to be done in the form of an ordinance instead.
Amended Motion: To approve the original ordinance, changing Section 2-
20(b), to read as follows: "Effective August 1 each year the basic salary of
the mayor -commissioner and city commissioners may be reviewed by the
City Commissioners and, if approved, shall be adjusted by the Consumer
Price Index for All Urban Consumers (CPI -U) released in August.
Adjustments, if any, shall not exceed the cost of living adjustment provided
to general employees and shall be effective on October 1 of each year. Such
adjustments shall be approved by the Mayor and Commission in the form of
an ordinance."
February 27, 2006 REGULAR COMMISSION MEETING Page 7
Moved by the Mayor, seconded by Simmons
Votes:
Aye: 1- Wolfson
Nay: 4 - Borno, Fletcher, Simmons, Waters
MOTION FAILED
Amended Motion: To amend the original ordinance with Sec. 2-20(b) to
read as follows: "Effective August 1 each year the basic salary of the
mayor -commissioner and city commissioners shall be reviewed by staff and
shall be adjusted using the Consumer Price Index for All Urban Consumers
(CPI -U) released in August. Adjustments, if any, shall not exceed the cost of
living adjustment provided to general employees and shall be effective on
October 1 of each year."
Discussion ensued.
Moved by Borno, seconded by Simmons
Votes:
Aye: 4 - Borno, Fletcher, Simmons, Wolfson
Nay: 1- Waters
MOTION FAILED
Motion: To approve the original ordinance with amendments to Sec. 2-
20(b) to read as follows: "Effective August 1 each year the basic salary of
the mayor -commissioner and city commissioners shall be reviewed by staff
and shall be adjusted using the Consumer Price Index for All Urban
Consumers (CPI -U) released in August. Adjustments, if any, shall not
exceed the cost of living adjustment provided to general employees and shall
be effective on October 1 of each year."
Moved by Waters, seconded by Wolfson
Votes:
Aye: 3 - Borno, Fletcher, Simmons
Nay: 2 - Waters, Wolfson
MOTION CARRIED
C. Ordinance No. 90-06-189, Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-
01-172, ARTICLE III, DIVISION 5, CHAPTER 24, ZONING,
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS,
INCLUDING AMENDMENTS THERETO, TO ADD NEW SECTION 24-
104, ESTABLISHING A NEW ZONING DISTRICT CLASSIFICATION,
TO BE KNOWN AS RESIDENTIAL, SINGLE-FAMILY — LARGE LOT
February 27, 2006
REGULAR COMMISSION MEETING Page 8
(RS -L, PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
Mayor Wolfson read the ordinance by its title and opened the floor to a public
hearing. There were no comments from the public. The Mayor closed the public
hearing and brought the item before the Commission for a motion.
Motion: To approve Ordinance No. 90-06-189 on final reading.
No comments were made by the Commission.
Moved by Borno, seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
D. Ordinance No. 95-06-90, Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES,
ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION
OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY
INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE
DATE
Mayor Wolfson read the ordinance by its title and opened the floor to a public
hearing. There were no comments from the public. The Mayor closed the public
hearing and brought the item before the Commission for a motion.
Motion: To approve Ordinance No. 95-06-90 with amendments. Sec. 1 (d) to
read "Liability insurance in the amount of at least $300,000 or a surety
bond on said dog of at least $300,000 which bond shall obligate the owner of
any such dog to pay to the City of Atlantic Beach and to any person injured
by such dog, any damages and expenses incurred as a result of the conduct
of such dog or its owners." An additional sentence should be inserted, "A
written statement from the issuing insurance company indicating that there
are no dog bite or dangerous dog exclusions in attachment to that liability
policy".
Moved by Borno, seconded by Simmons
Mayor Wolfson asked Commissioner Borno to explain the necessity for inserting
the additional statement to the Ordinance. Commissioner Borno explained that
his research revealed that insurance companies are not obligated to cover
attachments unless a City Ordinance requires the specified attachments. Liability
policies with written attachments are legally ineffective unless attachments are
required by Ordinance.
February 27, 2006 REGULAR COMMISSION MEETING Page 9
Commissioner Fletcher would like to motion to amend the insurance policy to
read " per occurrence."
Amended Motion: To approve Ordinance No. 95-06-90 with amendments.
Sec. 1 (d) to read "Liability insurance in the amount of at least $300,000 or
a surety bond on said dog of at least $300,000, per occurence which bond
shall obligate the owner of any such dog to pay to the City of Atlantic Beach
and to any person injured by such dog, any damages and expenses incurred
as a result of the conduct of such dog or its owners." An additional sentence
should be inserted, "A written statement from the issuing insurance
company indicating that there are no dog bite or dangerous dog exclusions
in attachment to that liability policy".
Moved by Fletcher, seconded by Simmons
Commissioner Fletcher advised that omission by the owner of a dangerous dog is
another potential problem that perhaps the Ordinance should address. City
Attorney Jensen cautioned the Commission not to add too many amendments.
Mayor Wolfson expressed his reluctance to act on the motion at this time and
suggested the Commission table the Ordinance.
Motion: To withdraw the motion.
Moved by Wolfson, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
It was the consensus that the Ordinance be sent back to the City Attorney to
redraft incorporating the comments and concerns made by the Commission.
E. Ordinance No. 20-06-75, 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
Mayor Wolfson read the ordinance and explained the need for the ordinances
primarily to provide funding for construction of the mailbox located at 6th Street
and Seminole Road.
Mayor Wolfson expressed concerns regarding the safety of the design. Public
Works Director Rick Carper provided revised drawings and advised that the turn
lane is sized so that, with the exception of large SUVs, a U-turn would not be
necessary. Chief Thompson noted that it is designed to facilitate a left turn and
allows clear visibility. Public Works Director Rick Carper confirmed the
February 27, 2006
REGULAR COMMISSION MEETING Page 10
remarks. Commissioner Borno asked for clarification on signage. Mayor
Wolfson explained that there would be no signage.
Motion: To approve Ordinance No. 20-06-75 on first reading.
Moved by Simmons, seconded by Borno
Votes:
Aye: 3 - Borno, Simmons, Waters
Nay: 2- Fletcher, Wolfson
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Follow-up to City Commission action denying a request for a Waiver
from Section 24-66 of the Land Development Regulations requiring
On -Site Retention for a lot located at 1718 Selva Marina Drive (City
Manager)
City Manager Jim Hanson provided background on the request for a waiver and
added that City staff would provide a report. Public Works Director Rick Carper
gave a presentation and provided the specifics based on the plan that was
submitted. Rick Carper recommended that the Commission deny the waiver
because the revised drawing is a landscape plan that demonstrates an issue with
stouu water capacity and that the original plans were revised to exclude a circular
driveway. Mayor Wolfson asked for questions and proceeded to introduce the
applicant.
Mr. Fitzgerald gave his Maryland address and explained his background in Real
Estate and experience as an Engineer. He stated that he believes his revised
plans for his property demonstrate effective drainage and are in compliance with
City Code. He further stated that the impervious surface of his property is
eighteen percent and his lot slopes which allows drainage to flow into the canal
located at the back of his property.
The City Manager asked Mr.Fitzgerald if his position was that the new plans
meet the City Code and therefore does not need a waiver. He responded and City
Manager Hanson indicated a need for the Public Works Director to run some
numbers to reevaluate the new plan. Mr. Carper stated that the plan still lacks
on-site water retention. Further discussion ensued. Commissioner Borno
expressed confidence in the present code, explained how the current system
works and how it effectively deals with drainage problems. Commissioner
Simmons suggested that staff discuss and review the new plans before the
Commission is asked to decide on the waiver. Mayor Wolfson agreed and asked
Public Works Director Carper to review and discuss the new plans with
Mr..Fitzgerald and bring back to the Commission if a waiver is necessary.
Motion: To defer back to staff.
February 27, 2006
REGULAR COMMISSION MEETING Page 11
Moved by Fletcher, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher , Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Bicycle Path Construction (City Manager)
City Manager Hanson reported that the previous commission approved the
current year's budget which included the design and construction of the Ped Path
going from where West Plaza ends to connect with Main Street. He further
reported that Mr. Carper was asked to look into alternatives and to recommend
which would be the most feasible to construct. Mr. Hanson explained that Mr.
Carper was present to report the best alternative and is requesting that the
Commission agree to proceed ahead with the detailed design and to get public
input if necessary.
Rick Carper reported that the initial plans show where to take the Bike Path up to
Levy Road and from Levy Road to Main Street. He explained that it could be
done but that the price is increasing constantly. He offered to evaluate taking it
along the West Plaza ditch right-of-way, but advised that in order to confirm that
it could be done, a survey of at least the north half would be required. He
believed that it could be build, that it would be less expensive, and that it would
be a nice path since it is away from traffic and a straight line to Main Street
without crossing a busy street.
Commissioner Simmons suggested that the city solicit for neighborhood input.
Commissioner Borno expressed his approval of the design. Commissioner
Waters expressed concerns regarding the bike path down Main Street due to the
location of trees and agreed that public input, especially from Main Street
residents, should be sought. Rick Carper explained a recent survey that
indicated a small number of trees that will be affected by the Bike Path.
Motion: To direct Public Works Director Rick Carper to build a
recommended alternative Bike Path along the north bank of the West Plaza
ditch from Rose Park to Main Street using funds from this year's budget
and call for one public hearing.
Moved by Commissioner Fletcher
Motion died for lack of a second.
Mayor Wolfson suggested having bike paths discussed during the neighbor to
neighbor beachside chats. Commissioner Borno asked that staff continue their
evaluation. The consensus was to have Public Works Director Rick Carper
continue to pursue the issue.
City Manager
Reports/Requests
City Commissioners
City Attorney
February 27, 2006 REGULAR COMMISSION MEETING Page 12
C. Appointments to Board Member Review Committee (City Manager)
Mayor Wolfson explained that, at the last meeting, a Resolution was approved
which added two new members to the Board Member Review Committee and
thanked the commission for their input. He requested that this item not be
discussed at this meeting, but instead come back to the Commission at the next
meeting with recommendations for appointments.
D. Neighbor to Neighbor beachside chats (Mayor)
Mayor Wolfson explained his idea of holding neighborhood meetings and gave
examples of suggested sites. He expressed his desire to attend as many of the
meetings as possible and to have at least one other Commissioner present at each
meeting on a rotational basis. Mayor Wolfson explained that once the meetings
are scheduled the public would be notified. Commissioner Fletcher and
Commissioner Waters made comments and suggestions regarding the planning of
these meetings.
E. Approval of Settlement Agreement with Lindley Tolbert Design, Inc.
and approval of the Replat (City Manager)
This Item was taken out of order and acted upon earlier in the meeting.
9. City Manager
A. City Manager's Report
City Manager Jim Hanson reported that a recent change to the smoking policy
has been covered in the news media. He explained that the no smoking policy
will affect hiring of city employees and that the intent of the new policy is to
improve the health of City employees.
He also reported that the Community Character workshop for the Commission
and the Community Development Board to meet with Nore Winter is scheduled
for Tuesday, February 28, 2006 at 5:00 pm and the workshop for the public is
scheduled for Wednesday, March 1, 2006 at 6:00 pm and urged everyone to
attend.
10. Reports and/or requests from City Commissioners and City Attorney
City Attorney Jensen
❖ Addressed the issue of limiting campaign spending. He indicated that
there are pending cases before the Supreme Court on this issue but as it
stands now, the individual contributions can be limited but the amount of
spending on a campaign cannot be limited. Mayor Wolfson commented
and believed it would be appropriate to wait for the decision from the
February 27, 2006 REGULAR COMMISSION MEETING
Page 13
Supreme Court before pursuing any city charter changes regarding
campaign spending.
Commissioner Fletcher
❖ Stated that he liked the idea of the (Neighbor to Neighbor Beachside
Chats) formal meetings.
Commissioner Waters
Reported that when he was on Park Street earlier, he noticed a huge, 3 -
story mound of mulch and also, next to it is a junk car lot. He
commented that the neighborhood may be lacking representation.
Mayor Wolfson
❖ Reported that he had just come back from New Orleans and explained to
everyone the devastation there. He offered to discuss his experience and
thoughts on what he learned with anyone that is interested.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:45 p.m.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk
AGENDA ITEM #3A
MARCH 13, 2006
March 3, 2006
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM:
Jim Hans
ger
SUBJECT: Follow-up eport
Fitzgerald Request for Waiver to On-site Retention Requirements; The Mayor and
Commission heard a request from Mr. Fitzgerald of 1718 Selva Marina Drive at the last
commission meeting requesting a waiver of the on-site storm water retention requirements. At
that meeting, Mr. Fitzgerald explained that he had made several changes to his plans and felt that
they now complied with the city's requirements. Rick Carper had not had time to review the.
revised plans before the last meeting, so the issue was deferred until he could review them and
make a recommendation.
Since that time, he has met with Mr. Fitzgerald and both have agreed that minor additional
changes to the landscaped plans would comply with the city's on-site retention requirements.
Consequently, no waiver is needed from the Mayor and Commission.
Complaints about mulch piles and junk cars on Park Street; At the last commission meeting,
a complaint was received about a large mulch pile and junk cars in the vicinity of the Donner
Community Center. The mulch pile is located at 310 Mealy Drive and the property is owned by
Dawson Land Development Company. It is zoned industrial and the storage of mulch is a
permissible use in the industrial zone (Code Sec 24-112). The property is currently registered
and permitted with the Florida DEP. At the city's request, the DEP inspected the location but
found no violations. City staff has requested that the business owner install a six-foot high
privacy fence along the length of the property line.
Concerning the complaint about auto storage on vacant lots adjacent to Donner, the property is
owned by Murr's Body Shop. It is also zoned industrial and the storage of cars waiting for repair
is authorized in that zone (Sec 24-112). No junk cars (cars being sold for parts or for scrap) are
on the property. Only those waiting for repair by that body shop are stored there. The owner of
this property has also been requested to install a privacy fence.
AGENDA ITEM #4A
MARCH 13, 2006
PUBLIC WORKS and UTILITY DEPARTMENTS
PROJECT STATUS REPORT
(D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR
STATUS ON 3/3/06
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. Commission workshop March 13, 2006.
Concrete work complete. Bridge contract to be awarded 3/13/06.
Estimated completion 4/15/06.
Concrete work complete. Hydroseeding complete.
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 on
order.
Callaway Contracting has completed hardscape construction.
Landscaping complete. Decorative lighting to be completed by April of
2006.
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) = Connelly & Wicker, Inc.
(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.)
Design = 100%
Construction = 90%
Bike Path on Seminole
(Garden Lane to Oceanforest Dr.
N.)
Design = 100%
Construction = 100%
Security Upgrades at Treatment
Plants and City Bldgs.
Design = 100%
Construction =0%
5 Points Intersection Improvements
Design = 100%
Construction = 90%
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AGENDA ITEM #4A
MARCH 13, 2006
PUBLIC WORKS and UTILITY DEPARTMENTS
PROJECT STATUS REPORT
(D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR
STATUS ON 3/3/06
Design complete. Contract awarded to Callaway Contracting.
Construction complete.
COAB right-of-way construction complete. U.S. Post Office
construction awaiting additional funding. Estimated start date is late
Spring.
DEP permit received 01/03/06. Navy soliciting contractors.
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. Project is on 3/13/06
Commission agenda.
PROJECT NO. AND INFORMATION
(D) = Bowen Civil Engineering
(C) = Callaway Contracting
(CE&I) = Public Works
(D) = Public Works (ROW) and
Transystems Corp. (USPS)
(C) = R&B Contracting
(CE&I) = Public Works
(D) = Reynolds, Smith & Hill
(C) = Ring Power
(CE&I) = Public Utilities
(D) = CH2M Hill and Public Works
(CE&I) = Public Works
PROJECT DESCRIPTION
Ocean & 13th Drainage
Improvements
Design = 100%
Construction = 100%
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 11t Street)
Design = 100%
Construction = 0%
Water Main Replacement at
Sailfish Drive and Plaza
Design = 100%
Construction = 0%
00
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0
AGENDA ITEM #4A
MARCH 13, 2006
PUBLIC WORKS and UTILITY DEPARTMENTS
PROJECT STATUS REPORT
(D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR
STATUS ON 3/3/06
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.
Pre-bid meeting held 02/09/06. Bids received 02/22/06. Project is
on 3/13/06 Commission agenda.
PROJECT NO. AND INFORMATION
(D) = Applied Technology &
Management
(D) = Public Utilities & HGTI
(Howie Greene Tank Inspection)
(C) =
PROJECT DESCRIPTION
Sewer Master Plan Update
Design = 0%
Elevated Tank Maintenance at
Water Plant #1
Design = 100%
Construction = 0%
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SUBMITTED BY:
DATE:
BACKGROUND:
AGENDA ITEM #4B
MARCH 13, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Construction Services — Plaza Drive Bike Path Bridge
Rick Carper, P.E., Public Works Director
March 6, 2006
Bids were opened for Design/Construction for Wooden Bridge for
the Plaza Drive Bike Path Project (PW0504) on Wednesday, March
1, 2006.
A -One Dock Builders submitted the only bid, in the amount of
$17,158.00.
In a Mid -Year Budget modification approved at the December 13,
2005 Meeting, the Commission allocated $122,000 to the Seminole
Road Bike Path Project (PW0609/0610) and $30,000 to the Plaza
Drive Bike Path Phase 2 (PW0504). Construction of the
hardscape portions of the paths is complete, with current costs for
Seminole Road estimated at $110,000 and Plaza Drive at $20,000.
BUDGET: A project budget of $30,000 was allocated by Mid -Year Budget
modification to the FY 2006 Streets Capital Improvements Account
(001-5002-541-6300). After concrete costs, the Plaza Drive project
balance is approximately $10,000. Balance in the Seminole Road
account is approximately $12,000. The balance required for bridge
construction will be transferred between projects.
RECOMMENDATION: Award a contract for Design/Construction for Wooden Bridge
for the Plaza Drive Bike Path to A -One Dock Builders in the amount
of $17,158.00 and authorize the City Manager to execute the
agreement for construction services on the City's behalf.
ATTACHMENTS: 1. Bid Tab
REVIEWED BY CITY MANAGER:
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March 1, 2006
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Original Insurance Certificates
Bid Bond (5%)
Signed Copy of Document Requirements Checklist
Submission in Triplicate
Completed W-9 Form
Statement on Public Entity Crimes
Drug Free Workplace Form
Documentation of Receipt of Addenda
Proof of Experience -minimum five years
Qualifications (proof that bidder is curerntly licensed as a General Contractor)
LUMP SUM FOR DESIGN/CONSTRUCTION OF WOODEN BRIDGE
AGENDA ITEM #4B
MARCH 13, 2006
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SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Water Main Improvements at Sailfish and Plaza
Bid No. 0506-3
Donna Kaluzniak, Utility Directo
February 23, 2006
AGENDA ITEM #4C
MARCH 13, 2006
BACKGROUND: This project is to replace an old, undersized water main near the
intersection of Sailfish Drive and Plaza that serves the Sea Oats Apartment complex, and
includes replacement of the existing meter vault, meter and backflow device.
Bids were advertised and four contractors met prequalification requirements. Three.contractors
attended the Mandatory Pre -Bid Meeting and submitted bids:
Contractor
Gibbs & Register
Gruhn May, Inc.
Hager Construction
Total Base Bid
$95,200.00
$59,290.00
$81,372.00
10% Contingency
$9,520.00
$5,929.00
$8,137.20
Total with
Contingency
$104,720.00
$65,219.00
$89,509.20
There were minor errors in the calculations for both Gibbs & Register and Hager Construction
that did not affect the outcome of the bid. The low bidder meeting all requirements was Gruhn
May, Inc. in the amount of $65,219.
BUDGET: A total of $60,000 was budgeted for this project in the Water Fund under account
number 400-5504-533-6300. Contingency funds are available in the same fund because a
replacement truck purchased was under budget.
RECOMMENDATION: Award the contract for Water Main Improvements at Sailfish and
Plaza to Gruhn May, Inc. in the amount of $65,219 and authorize the City Manager to sign the
contract.
ATTACHMENTS: 1. Bid Tabulation Form
2. Bid Analysis
REVIEWED BY CITY MANAGER:
1
CITY OF ATLANTIC BEACH
WATER MAIN IMPROVEMENTS AT SAILFISH AND PLAZA
February 22, 2006
BID #0506-3
Hager Construction
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Original Insurance Certificates
Bid Bond (5%)
Signed Copy of Document Requirements Checklist
Completed W-9 Form
Statement on Public Entity Crimes
Drug Free Workplace Form
Trench Savety Affidavit
Acknowledgment of Receipt of Addenda
TOTAL BASE BID (Items 1-8):
TEN PERCENT (10%) CONTINGENCY OF SUBTOTAL
TOTAL BASE BID PLUS 10% CONTINGENCY
AGENDA ITEM #4C
1VIARCH 13, 2006
Bid award based on Department Analysis and Commission Approval
AGENDA ITEM #4C
• MARCH 13, 2006
Hager Construction 1
Extended Cost 1
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BID ANALYSIS -- WATER MAIN IMPROVEMENTS AT SAI
BID NO. 0506-3 opened 2/22/06 1
Base Bid Items
Mobilization
Maintenance of Traffic
Site Work
Furnish and Install PVC & HPPE Water Main:
a. 6" diameter DR 18 PVC
b. 8" diameter HDPE DR 11 (Directional Drill)
Furnish and Install Appurtenances and Fittings.
a. 6" Double Check Backflow Preventer
b. 14 L.F. of 6" ductile iron spool piece (flanged/pipe)
c. 5 L.F. of 6" ductile iron spool piece (pipe/flanged)
d. 8" x 8" Tapping Sleeve and Valve with Box and Cover
e. 6" x 4" Reducer to connect to Sea Oats System
f. 6" x 8" Reducer
g. 6" 90° Bends
h. 4" Plug with Restraints
i. 6" Fireline Sensus Meter with Touch Read System
j. 6" Ductile Iron Flanged Gate Valve
k. Remove existing Meter Vault, Gate Valves, and Meter
I. Install new 5' x 7.5" Meter Vault with Access Hatch
m. Construct 1/2" Sample Point
n. Relocate 4" Existing Valve, Box and Cover
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a. Remove and replace 4' wide / 4" thick sidewalk
b. Bikepath 8" wide x 10' long (contingency)
Quality Control Testing
TOTAL BASE BID (ITEMS 1-8)
TEN PERCENT (10%) CONTINGENCY
TOTAL BASE BID PLUS 10% CONTINGENCY
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AGENDA ITEM #4D
MARCH 13, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Rejection of Bids for the Frances, Royal Palms and
Sailfish Sidewalk Extension Project (Bid No. 0506-4)
SUBMITTED BY: Rick Carper, P.E.,
Public Works Director I _
DATE: March 6, 2006
BACKGROUND: The bid opening for the Frances, Royal Palms and Sailfish
Sidewalk Extension Project occurred on March 1, 2006. Three bids were
received. Two bids were within budget, with LAS Contracting submitting
the low bid of $79,000. Staff estimates the City's Annual Concrete
Repairs Contractor can construct the sidewalk extensions for
approximately $40,000.
BUDGET: This project is funded from the Half Cent Sales Tax Account 131-5002-
541-6300 (PW0607) - current balance $90,000.
RECOMMENDATION: Staff recommends rejecting all bids for this project, and using
the Annual Concrete Repairs Contractor (Gruhn May) for the construction.
This is the method used for constructing the Seminole Road and Plaza
Drive Bike Paths.
ATTACHMENTS: Bid Tabulation
REVIEWED BY CITY MANAGER:
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Original Insurance Certificates
Bid Bond (5%)
Signed Copy of Document Requirements Checklist
Submission in Triplicate
Completed W-9 Form
Statement on Public Entity Crimes
Drug Free Workplace Form
Documentation of Receiet of Addenda
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LUMP SUM BID
AGENDA ITEM #4D
MARCH 13, 2006
Bid award based on Department Analysis and Commission Approval
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Repair and Painting of Elevated Tank at Water Plant #1
Bid No. 0506-5
Donna Kaluzniak, Utility Directo
March 6, 2006
AGENDA ITEM #4E
MARCH 13, 2006
BACKGROUND: The elevated tank at Water Plant No. 1 (469 1111' Street) is due for
scheduled repairs and painting both inside and outside of the tank to ensure the tank's continuing
integrity and safety. The tank at this location is the most vulnerable due to its proximity to the
ocean.
Bids were advertised and invitations sent to 8 contractors. Four contractors attended the
Mandatory Pre -Bid Meeting and 2 contractors submitted bids:
Contractor
Utility Services
Worth Contracting
Total Base Bid
$96,000.00
$77,900.00
10% Contingency
$9,600.00
$7,790.00
Total with Contingency
$105,600.00
$85,690.00
The low bidder meeting all requirements was Worth Contracting in the amount of $85,690.00.
BUDGET: A total of $65,000 was budgeted for this work in the Water Fund under account
number 400-5502-533-3400. The additional amount of $20,690 is available in the Water Fund
from various accounts (400-5502-533-4900 and 3400, 400-5504-533-3100 and 6401) that are
currently under budget as well as the genset replacement that came in under budget. (Note:
Revenues of $37,000; year from renting tank space for cell phone antennas help to offset
maintenance costs).
RECOMMENDATION: Award the contract for Repair and Painting of Elevated Tank at Water
Plant #1 to Worth Contracting in the amount of $85,690 and authorize the City Manager to sign
the contract.
ATTACHMENTS: 1. Bid tabulation fond).
2. Bid analysis
REVIEWED BY CITY MANAGER:
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AGENDA ITEM #4E
MARCH 13, 2006
Bid award based on Department Analysis and Commission Approval
AGENDA ITEM #4E
MARCH 13, 2006
BID ANALYSIS -- REPAIR AND PAINTING OF ELEVATED WATER TANK NO. 1
BID NO. 0506-5 opened 2/22/06
Utility Service Co., Inc.
Worth Contracting, Inc.
BASE BID ITEMS
Qty
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Tank Cleaning
a. Interior
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$19,525.50
b. Exterior
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$18,574.50
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$0.00
b. Exterior
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$10,900.00
3
Tank Sealing and Painting
a. Interior
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$15,400.00
b. Exterior
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$68,000.00
$13,500.00
BASE BID (ITEMS 1-3):
$96,000.00
$77,900.00
TEN PERCENT (10%) CONTINGENCY OF SUBTOTAL:
$9,600.00
$7,790.00
TOTAL BASE BID PLUS 10% CONTINGENCY:
$105,600.00
$85,690.00
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
AGENDA ITEM #4F
MARCH 13, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Ditch Spraying and Maintenance
Rick Carper, P.E. Director of Public Works
March 6, 2006
Bids for Ditch Spraying and Maintenance (Bid No. 0506-8)
were opened on March 1, 2006. Five firms submitted bids:
Although Clear Waters, Inc. was the low bidder; they did not
provide the 5% Bid Bond, Insurance Certificate or Proof of
Occupational license with their Bid.
RECOMMENDATION: Award bid to Bluewater Environmental as the lowest bidder
with a complete bid package. Bluewater is the current ditch
spraying contractor and has provided responsive and quality
service over the past three years. The contract is to start
May 1, 2006.
ATTACHMENTS: Bid Tabulation Sheet
BUDGET:
Budgeted $20,000.00 in Stormwater Account 470-0000-538-
34.00. The remainder will be transferred from account 470-
0000-538-64.00 (Vactron and Hydro Seeder were
purchased for less than budgeted amounts).
REVIEWED BY CITY MANAGER:
March 13, 2006 Regular Meeting
Bluewater
Environmental
Clear
Waters
Future
Horizons
Lake
Doctors
Pestmaster
Items 1-28
(COAB)
$12,108.00
$13,062.84
$20,620.07
$42,165.00
$21,423.42
Items 29-34
(FDOT)
$8,820.00
$6,150.00
$7,935.95
$36,270.00
$23,474.48
Total of all items
$20,928.00
$19,212.84
$28,556.02
$78,435.00
$44,897.90
Although Clear Waters, Inc. was the low bidder; they did not
provide the 5% Bid Bond, Insurance Certificate or Proof of
Occupational license with their Bid.
RECOMMENDATION: Award bid to Bluewater Environmental as the lowest bidder
with a complete bid package. Bluewater is the current ditch
spraying contractor and has provided responsive and quality
service over the past three years. The contract is to start
May 1, 2006.
ATTACHMENTS: Bid Tabulation Sheet
BUDGET:
Budgeted $20,000.00 in Stormwater Account 470-0000-538-
34.00. The remainder will be transferred from account 470-
0000-538-64.00 (Vactron and Hydro Seeder were
purchased for less than budgeted amounts).
REVIEWED BY CITY MANAGER:
March 13, 2006 Regular Meeting
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Submission in Triplicate
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Original Insurance Certificates
Signed Copy of Document Requirements Checklist
Three (3) References
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TOTAL For Sections A & B for One Year
AGENDA ITEM #4F
MARCH 13, 2006
Award of Bid based on Department Analysis and Commission Approval
AGENDA ITEM #7A
MARCH 13, 2006
ORDINANCE NUMBER 90-06-188
AN ORDINANCE OF THE CITY OF ATLANTIC .BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF
ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION
24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
SECTION 1. The Zoning, Subdivision and Land Development Regulations, adopted as
Chapter 24 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by
modifying Article II, Section 24-17, Definitions, Impervious Surface, and upon enactment of this
Ordinance, said definition shall read as set forth below.
Impervious Surface shall mean those surfaces that prevent the entry of water into the soil. Common
Impervious Surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways,
parking Lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material
with a base or lining of an impervious material. Wood decking elevated two or more inches above
the ground shall not be considered impervious provided that the ground surface beneath the decking
is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by
stormwater and which allow the percolation of that stormwater shall not be considered impervious
areas. Swimming pools shall not be considered as Impervious Surfaces because of their ability to
retain additional rainwater, however, decking around a pool may be considered impervious
depending upon materials used. Surfaces using pervious concrete or other similar open grid paving
systems shall be calculated as fifty percent (50%) Impervious Surface, provided that no barrier to
natural percolation of water shall be installed beneath such material. Open grid Pavers must be
installed on a sand base, without liner, in order to be considered 50% impervious. Solid surface
pavers. (e.g., brick or brick appearing pavers as opposed to open grid pavers) do not qualify for any
reduction in impervious area, regardless of type of base material used.
Unless otherwise and specifically provided for in these Land Development Regulations. or within
another Ordinance, or by other official action establishing specific Impervious Surface Limits for a
particular Lot or Development Project, the fifty percent (50%) Impervious Surface limit shall be the
maximum Impervious Surface limit for all new residential Development and redevelopment. In such
cases where a previously and lawfully developed residential Lot or Development Project exceeds the
fifty percent (50%) limit, redevelopment or additions to existing residential Development shall not
exceed the pre -construction Impervious Surface limit, provided the stormwater and drainage
requirements of Section 24-66 are met.
Ordinance Number 90-06-188
AGENDA ITEM #7A
MARCH 13, 2006
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 by the City Commission of the City of Atlantic Beach this th day of
, 2006. Passed upon final reading and public hearing this th day of
2006.
Approved as to forni and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST :
DONNA BUSSEY
City Clerk
DONALD M. WOLFSON
Mayor and Presiding Officer
Ordinance Number 90-06-188
AGENDA ITEM #7B
MARCH 13, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO. 20-06-75 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: February 14, 2006
BACKGROUND: The City Commission directed staff to proceed with the Public
Works recommendation as proposed in the February 13, 2006 staff
report, (see attached agenda item "#8C Mandalay Park Design for
Mailbox Location"), from that meeting.
BUDGET: The total impact of this ordinance on the City's fund balances is
$17,000.
RECOMMENDATION: Approve Ordinance No. 20-06-75
ATTACHMENTS: Ordinance No. 20-06-75
February 13, 2006 Staff Report and Drawing
REVIEWED BY CITY MANAGER: ^.__,
AGENDA ITEM #7B
MARCH 13, 2006
ORDINANCE NO. 20-06-75
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.
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.
WHEREAS, the City Commission requested additional funding for improvements to
Mandalay Park so as to place a public mailbox easily accessible to the citizens.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THF, CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2005/2006 Final Budget be amended as follows:
Half Cent Discretionary Sales Tax Fund
Expenses:
Public Works
Streets Division
Capital Outlay — Improvements 17,000
Change in Fund Balance <$17,000>
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of February , 2006.
Passed by the City Commission on second and final reading this day of March,
2006.
Donald .M. Wolfson
Mayor / Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire
City Attorney
Donna Bussey
City Clerk
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Mandalay Park Design for Mailbox Location
Rick Carper, P.E., Director of Public Works
January 31, 2006
AGENDA ITEM #7B
MARCH 13, 2006
BACKGROUND: At the January 91' meeting, the Commission directed Staff to prepare a
plan for a Mandalay Park location for the USPS mailbox formerly at the 5 Points Intersection.
The attached sketch shows the proposed traffic island, surrounded by Miami curb & gutter. This
proposed location provides a similar movement to the original 5 Points location. In this case,
approaching traffic does not have a stop condition to facilitate re-entry into the traffic flow,
however, clear sight lines in the north & south directions should make this re-entry relatively
safe.
To further enhance the location, Staff also proposes to remove the remaining excess pavement
along the western side of Mandalay Park, leaving a two foot paved shoulder, to add curbing and
to landscape the new green space, including Live Oak trees.
The Mayport Road Post Office Station Manager has the mailbox in temporary storage, awaiting
completion of City site preparations.
RECOMMENDATION: Because of cost and potential safety issues, Staff recommends the
Commission reconsider permanent removal of the mailbox. There is concern that northbound
traffic on Seminole may pull across 16th Street to the entrance without looking for westbound
traffic on 16th. Public Works will leave the 16th Street STOP sign at the current location and
add a new STOP sign near Seminole to help alleviate this concern. An additional concern is for
people pulling out of the mailbox location without looking for oncoming traffic on Seminole. Until
people get used to the new traffic pattern there are going to be issues here. The Public Safety
Director has reviewed the design; he agrees it is relatively safe. Also, once the mailbox is in
place, the newspaper boxes (pay and free) will start to proliferate at this location.
The location on the Selva Marina Drive median is the safest of the locations previously
examined.
If the Commission desires to proceed with this option, Staff requests a waiver to the City's
purchasing requirements (Code Section 2-331, which requires that projects costing more than
$10,000 be set for public bid), as authorized by Section 2-336(1). If approved, Staff proposes to
have the project constructed by the Point Repair / Concrete contractor, Gruhn May. This will
greatly accelerate the speed with which this construction could be completed.
ATTACHMENTS: 1) Sketch —Mandalay Park — south end
2) Code Excerpts, Section 2-331 & 2-336 (1)
BUDGET:
This request is not in the budget. The Commission will have to determine
a funding source if this option is approved. Gruhn May's quote for
construction of the Mandalay Park option is $16,067.70.
REVIEWED BY CITY MANAGER:
Feb. 27, 2006 Regular Meeting
AGENDA ITEM #7B
MARCH 13, 2006
CODE OF ORDINANCES OF THE CITY OFATLANTIC BEACH, FLORIDA (excerpts)
Sec. 2-331. Bids --When required.
All supplies and contractual services, when the estimated cost thereof shall exceed ten thousand dollars
($10,000.00) shall be purchased by formal, written contract from the lowest responsible bidder after due
notice inviting proposals.
(Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-92-22, § 1, 4-13-92; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-336. Same—Exceptions.
The formal`<bidtprocedurel/�as defined in this division majority
not required in the following cases: ren
(1) When the city commission, by a vote of the majori y of those members present, waives a formal
bid procedure;
Feb. 27, 2006 Regular Meeting
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AGENDA ITEM #7B
MARCH 13, 2006
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AGENDA ITEM #8A
MARCH 13, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for Commission Direction with respect to revision of the
definition of Impervious Surface within Section 24-17 of Chapter 24, the Land
Development Regulations, related to the designation of swimming pools as
pervious area.
SUBMITTED BY: Rick Carper, P.E.
Public Works Director
DATE: March 6, 2006
BACKGROUND: At the November 28th meeting, the City Commission inquired as to the
history of the current definition for Impervious Surface, which specifically exempted
swimming pools from being counted as an impervious surface and, following
discussion of this matter, requested that this definition be modified. A draft
ordinance to revise the Impervious Surface definition to include swimming pools was
prepared by Staff. Along with the proposed definition change for pavers, this
requested change was referred to the Community Development Board at the
January 9th Commission meeting.
The Community Development Board considered these revisions to the definition of
Impervious Surface at their January 17th meeting. After considerable discussion by
the CD Board and comments. from the public, the CD Board recommended that the
definition remain unchanged with respect to the treatment of swimming pools as
pervious area, but recommended that other changes related to the use of pavers,
pervious concrete or open grid paving systems be adopted by the City Commission.
A major factor in the CD Board decision was the ability of swimming pools to absorb
about 6 inches of rainfall (compared to the COAB design 25 year / 24 hour storm
rainfall of 9.3 inches) before there is any runoff from the pool surface area.
At the January 23rd Commission meeting, Staff was tasked with further investigating
how to classify the water surface area of swimming pools, including the rationale of
adjacent cities that included this area in their definition of impervious area.
Additionally, Staff was tasked with studying how this proposed change in definition
would impact Core City properties if adopted by the City.
Staff inquired of St Johns County, Neptune Beach and St. Augustine Beach for the
rationale for classifying swimming pools as impervious. The two responses received
indicated it was essentially because pools have an impervious bottom and do not
allow percolation.
Attachments 1) and 2) provide a verbal and graphical summary of the impact of
changing the impervious definition to include the water surface area of swimming
pools.
The original purpose for adoption of impervious surface limits was to ensure runoff
did not exceed the capacity of the installed storm water collection system, effectively
March 13, 2006 regular meeting
AGENDA ITEM #8A
MARCH 13, 2006
rolling back flood control improvements made by the Core City Project. Drainage
studies for the Core City improvements indicated there should be no home flooding
for the 25 -year storm. As discussed and recommended by the CD Board, a
standard in -ground swimming pool is able to absorb substantial amounts of rainfall
(generally 6 inches) before contributing to runoff, therefore the water surface area
should be defined as partially impervious. The City's design storm for on-site
retention purposes (defined after the impervious limit was instituted) is 9.3 inches.
As a percentage, swimming pools can contain 64.5% of the 25 -year storm (6"/9.3").
For ease of review and calculation, Staff recommends pool water surface areas be
considered 60% pervious.
BUDGET: No budget issues.
RECOMMENDATION: Direct Staff to prepare draft ordinance Modifying Land
Development Regulations Section 24-17 to define swimming pools as 60% pervious.
ATTACHMENTS: 1) Comparison - Impact Of Treating Swimming Pools As Impervious or
Pervious in Core City
2) Diagrams of Lot Coverage (max footprint, pool 100% impervious,
pool 40% impervious)
REVIEWED BY CITY MANAGER:
March 13, 2006 regular meeting
AGENDA ITEM #8A
MARCH 13, 2006
Impact Of Treating Swimming Pools As Impervious
Primary Tots of concern in Old Atlantic Beach have an average size of 5000 SF
(50' x 100').
Impervious Surface Area coverage is limited to 50% for RS -2 zoning by LDR
24-105 (f) (1). Max impervious surface for 5000 SF lot is 2500 SF.
Maximum home footprint with existing setback requirements is 2100 SF
(35'x60').
With pool and impervious water surface area:
Average size of pools in Old Atlantic Beach is between 400 and 450 SF.
Assume an impervious pool deck of 350 SF.
Using 450 SF, 1700 SF is available for home and driveway (and separate
garage) coverage.
Assuming a 400 SF driveway (typical of recent redevelopment in Old Atlantic
Beach), maximum structure footprint would be 1300 SF.
If the City adopts a Floor Area Ratio (FAR) of 0.45, as recommended by the
Winters & Co. report, this property could have an inhabited building area of 2250 SF.
This could equate to a 1300 SF 1st floor and 950 SF 2nd story. For a three-story home
(maximum possible with 35 foot height limit), average floor area would be 750 SF
(25'x30').
With pool and pervious water surface area:
Assume an impervious pool deck of 350 SF.
This leaves 2150 SF for home and driveway coverage
Again assume a 400 SF driveway, maximum home footprint would be 1750
SF.
With the 0.45 FAR, this property would still have an inhabited building area of 2250 SF.
This could equate to a 1300 SF ist floor and 950 SF 2nd story, with room for a 450 SF
garage.
Summary: adoption of a FAR restriction has potential for substantially greater impact on
home size than designating swimming pool water surface area as impervious.
With pool and 60% pervious water surface area:
Pool water surface counts for 180 SF impervious, with an impervious pool
deck of 350 SF.
This leaves 1970 SF for home and driveway coverage
Again assume a 400 SF driveway, maximum home footprint would be 1570
SF.
With the 0.45 FAR, this property would still have an inhabited building area of 2250 SF.
This could equate to a 1120 SF 1st and 2nd story, with room for a 450 SF garage.
Attachment 1
March 13, 2006 Regular Meeting
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Maximum Structure Footprint with Pool (Coverage @ 40% Impervious)
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MARCH 13, 2006
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AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
AGENDA ITEM #8B
MARCH 13, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Proposed Term Limits for Board and Committee Members
Jim Hanson, Ci M
March 3, 2006
The enabling ordinances that create each of the city's boards and
committees include provisions outlining the maximum number of terms
that a member can serve. However, there is no guidance in the city code
as to whether or not a board or committee member can be reappointed to
the same board or committee after their term limits have expired or, if they
can be reappointed, how soon that reappointment can be made. If board
and committee members can be reappointed, there must be some
reasonable limit set as to how soon they can go back on the same board or
committee, or the term limit provision has no meaning.
Alan Jensen has prepared the attached ordinance for consideration of the
Mayor and Commission which would provide guidance on this matter.
The recommendation is that that each board or committee member be
required to "sit out" at least one full term before they can be considered
for reappointment.
There are no budget related issues.
The Mayor and Commission should consider the recommendation on
limits for reappointment and provide guidance to the city staff on
finalization of an ordinance for first reading.
1) Draft ordinance establishing a period of time which must expire before
a term limited member may be reappointed.
AGENDA ITEM #8B
MARCH 13, 2006
ORDINANCE NO. -06-
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CREATING A NEW SECTION OF THE ATLANTIC BEACH CODE TO BE
KNOWN AS SEC. 2-131. REAPPOINTMENT TO BOARDS &
COMMITTEES, ESTABLISHING A PERIOD OF TIME WHICH MUST
EXPIRE BEFORE A TERM LIMITED MEMBER MAY BE
REAPPOINTED TO ANY BOARD OR COMMITTEE ON WHICH HE OR
SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, there are various boards in the City authorized by the Atlantic Beach Code,
such as the Code Enforcement Board and the Community Development Board, and
WHEREAS, there are various committees in the City which have been established by
resolution or appointed by the City Commission, such as the Cultural Arts and Recreation
Advisory Committee and the Board Member Review Committee, and
WHEREAS, the boards and committees of the City have varying terms and numbers of
terms which can be served by their members, and
WHEREAS, vacancies can occur on the City boards and committees which require a new
member to be appointed by the City Commission, and
WHEREAS, because the City has established term limits, it is necessary to establish a
period of time which must expire before a member of a City board or committee may be
reappointed to a board or committee on which he/she has previously served and whose term limits
have expired, and
WHEREAS, it is the intent of the City Commission to involve as many qualified citizens
on City boards and committees -as possible while also recognizing the valuable - experience and
contributions of citizens who have previously served and whose term limits have expired.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1, The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new section to be numbered Sec. 2-131, which section shall read as follows:
"Sec. 2-131. Reappointment to boards and committees.
(a) Whenever a vacancy occurs on any board or committee of the City, any
qualified person may be appointed to fill such vacancy, including
someone who has previously served on the board or committee on which
there is a vacancy.
AGENDA ITEM #8B
MARCH 13, 2006
(b) However, any person who has served on a board or committee of the
City for the maximum number of tennis allowed may not again be
appointed to that same board or committee until the number of years
equal to one term on said board or committee has passed since the
person was term limited off the board or committee.
(c) By way of example, terms on the Community Development Board are
two (2) years each, with a maximum of four (4) consecutive temis. A
person who has served four (4) consecutive terms on the Community
Development Board may not be appointed to fill a vacancy on the
Community Development Board until at least two (2) years have passed
since the end of his or her last term."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2006.
PASSED by the City Commission on second and final reading this day of
, 2006.
ATTEST:
DONNA L. BUSSEY DONALD M. WOLFSON
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM #8C
MARCH 13, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request from Charles and Dianne Drysdale for a Waiver from Section
24-151 (b) ii of the Land Development Regulations (Accessory Uses and Structures
regulations) to allow play equipment in the front yard within a residential Zoning District for
property located at 2051 Seminole Road.
SUBMITTED BY: Sonya Doerr, AICP ,d.L0
Community Development Director
DATE: March 6, 2006
BACKGROUND: Section 24-151 (below) prohibits playground equipment from being
permanently placed within the required front yard setback (the front 20 -feet) on residential lots.
Sec. 24-151. Accessory Uses and Structures.
(b) Accessory Uses and Structures by Zoning District. Accessory Uses and Structures shall be
permitted only within Zoning Districts as set forth within this Division.
(1) Within all residential Zoning Districts:
i. Children's playhouse and/or juvenile play equipment, provided such shall not be
permanently located within Required Front Yards.
In the case of this property, there does not appear to be sufficient room within the rear or side
yards where such play structures may be safely or reasonably placed without significant
disruption of existing vegetation. This property is also set back far enough from the edge -of -
pavement of Seminole Road, such that the effect of placing playground equipment within the
front 20 -feet of the lot would not be obtrusive or noticeably different as seen from road from
where it could be of placed if it were behind the 20 -foot front yard setback.
BUDGET: No budget issues.
RECOMMENDATION: Motion to approve a Waiver from Section 24-151 (b) ii of the Land
Development Regulations to allow play equipment in the required front yard within a
residential Zoning District for property located at 2051 Seminole Road, finding that the
requested Waiver is consistent with Section 24-46(d), and the request also conforms to the
intent and spirit of the Land Development Regulations.
ATTACHMENTS: Application package for Waiver from Land Development Regulations.
REVIEWED BY CITY MANAGER:
March 13, 2006 regular meeting
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AGENDA ITEM #8C
MARCH 13, 2006
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MARCH 13, 2006
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AGENDA ITEM #8C
MARCH 13, 2006
Charles and Dianne Drysdale
2051 Seminole Road
Atlantic Beach, FL 32233
(904) 241-9200
February 6, 2006
City of Atlantic Beach
Code Enforcement Division
800 Seminole Road
Atlantic Beach, FL 32233
RE: Courtesy Notice of Violation for property 2051 Seminole Road
To whom it may concern:
We are writing this letter in response to a Courtesy Notice of Violation for our property received
on February 2, 2006. According to this notice, we are in violation of Ordinance 24-1: playground
equipment in front yard. We were unaware of this city zoning ordinance simply because we have
witnessed recent construction of playground equipment and swimming pools in neighboring front
yards. Halfway through construction of our playground equipment, we were instructed by an
Atlantic Beach code enforcement officer to contact Don Ford (who was temporarily in charge of
code enforcement) about this matter. My husband spoke directly with Don Ford (in mid
December 2005) who informed us there was no need to apply for a variance since there were no
complaints. We resumed construction only to be presented with this violation notification this
week.
Therefore, in order to avoid further problems or miscommunication, we are formally requesting a
waiver for the above noted zoning ordinance. This playground equipment is essential to the
development of our middle child who has special needs including neurological and sensory
integration dysfunction. It is highly recommended by his Occupational and Physical Therapists
as an important daily therapeutic tool. We NEED to build this equipment in our front yard
due to the fact that our backyard is only —15 feet deep (and therefore not deep enough to
safely have a swing set). We are unable to utilize the sides of our yard for playground equipment
because of the oak tree canopies and secondary dunes. It is environmentally important that we
protect these topographic conditions of the property. Constructing playground equipment in our
front yard is NOT a safety issue for our children or the public. The front of our property is
landscaped with thick bushes and plants that act as a living fence to keep our children safe and
contained from the street. The swing set is set back greater than 20 feet from this living fence for
added safety.
Thank you very much for your time and assistance in our matter of receiving a waiver for the
above noted city ordinance. Please contact me if you have any further questions.
Sincerely,
Dianne Drysdale
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AGENDA ITEM #8C
MARCH 13, 2006
APPLICATION FOR WAIVER FROM A PROVISION
OF THE LAND DEVELOPMENT REGULATIONS
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233
Phone: (904) 247-5826 • FAX (904) 247-5845 • http://www.coab.us
t
Date kV (0 2z-Ot File No. Receipt
Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis,
from a specific provision(s) of these Land Development Regulations when it is demonstrated that
compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a
practical impossibility. A Waiver from these Land Development Regulations may be approved only
upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this
Chapter shall be provided, which conforms to the general intent and spirit of these Land
Development Regulations. In considering any request for a Waiver from these Land Development
Regulations, the City Commission may require conditions as appropriate to ensure that the intent of
these Land Development Regulations is enforced. A Waiver shall not modify any requirement or
term customarily considered as a Variance or any requirement or term prohibited as a Variance, and
shall be considered only in cases where alternative administrative procedures are not set for the
within the City Code of Ordinances.
1. Applicant's Name (t VOA QJ (�-Di61/4,i.,n S `�
2. Applicant's Address (2o.Si S _ii' 1 p i`
3. Property Location
4. Property Appraiser's Real Estate Number ((o f %) 3 -0O0V
5. Current Zoning Classification —1,611 6. Comprehensive Plan Future Land Use designation
7. Requested provision(s) from which waiver is sought: S LCJ}1 t!Y-N 2!-1-- 1 S ! `(ion 1 l , CA, NA, \Arr..1:S
8. Size of Parcel f\ g X �� 9. Utility Provider 3--eA 4 Cisltyf. 71\23
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with
Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically
describing how the request complies with the Conditions necessary for the City Commission to approve this
request. Please use second page is additional space is needed.
czt S4\ P� '
AGENDA ITEM #8C
3, 2006
11. Provide all of the following information:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies (2)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): (nSeaxo si)/Q Q Trr& 42J
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Name: r�, (12 �,� rA�
QQS) l� r (4- A6 3z2•3.3
Phone: 2-4 V17(v Fax: E-mail: 16t • Ir i c CO
Mailing Address:
AGENDA ITEM #8C
MARCH 13, 2006
Waiver Request for 2051 Seminole Road Property
Addendum to Application of Waiver
10. Statement of facts and special reasons for the requested Waiver.
1. This playground equipment/ swing set is essential to the development of our middle
child who has special needs including neurological and sensory integration dysfunction. It
is highly recommended by his Occupational and Physical Therapists as an important daily
therapeutic tool.
2. We NEED to build this equipment in our front yard due to the fact that our backyard is
only -15 deep (and therefore not deep enough for a safe swing radius).
3. We are unable to utilize the sides of our yard for playground equipment because of the
oak tree canopies and secondary dunes. It is environmentally important that we protect
these topographic conditions of the property.
4. Playground equipment in our front yard is safe for our children and the public. The
front of our yard is landscaped with thick bushes and plants that act as a living fence to
keep our children safe and contained from the street. The swing set is set back greater
than 20 feet from this living fence for added safety.
SARASOTA COUNTY
"Dedicated to Quality Service"
February 7, 2006
The Honorable Jeb Bush
Office of the Governor
PL -05, The Capitol
Tallahassee, Florida 32399
Re: Offshore Drilling in Florida Waters
AGENDA ITEM #8E
&&' MARCH 13, 2006
BOARD OF COUNTY COMMISSIONERS
1660 Ringling Boulevard
Sarasota. Florida 34236
Telephone 941-861-5344
Fax 941-861-5987
Governor Bush, for many years, the State of Florida has been under pressure to support
initiatives designed to allow offshore drilling off the coast of Florida in the Gulf of Mexico.
Although these efforts have been defeated, Congress is again considering whether such drilling
should occur adjacent to the State of Florida.
As a coastal community located on the eastern shore of the Gulf of Mexico, Sarasota County is
very concerned with any activities that could impact the gulf's quality and health. Our
community identity, economy, and culture are integrally linked and dependent on a healthy and
attractive coastal environment. We believe that offshore drilling will compromise the integrity
of Florida waters. Our valuable marine environments and the wildlife depend on gulf waters and
could suffer serious, perhaps catastrophic, and long-lasting harm if an accident were to occur off
the coast of Florida. The risks of drilling are too high for our community and for the state of
Florida.
It is our understanding that the Department of the Interior has prepared the "2007-2012 Offshore
Drilling Plan for the Gulf of Mexico", which includes a proposal to give the State of Louisiana
authority over portions of Florida waters. If the plan to grant authority over Lease Sale Area 181
to Louisiana is approved, it bears the potential to allow drilling in Florida waters. Such action is
contrary to the consistent opposition of Floridians to oil exploration in Florida waters and will
undermine our efforts to protect local waters and our coastline. We request that, on behalf of
communities such as ours and resources in the state, you challenge this component of the
Offshore Drilling Plan and seek to maintain Florida's right to manage its own waters in
accordance with the community and environmental standards that its citizens demand.
We support Senator Mel Martinez's and Bill Nelson's bill, known as the "Permanent Protection
for Florida Act of 2006", to permanently prohibit offshore drilling on the outer Continental Shelf
off the.State of Florida, including Lease Sale Area 181. This bipartisan bill proposes to protect
Florida's unique environment and tourism dependent economy from the threat of offshore
drilling.
Paul H. Mercier, District 1 • David R. Mills, District 2 • Shannon Staub. District 3 • Nora Patterson, District 4 • Jon Thaxton, District 5
pmercier@scgov.net dmdls@scgov.net sstaub@scgov net npatters@scgov.net jthaxton@scgov.nei
Recycled Paper
AGENDA ITEM #8E
MARCH 13, 2006
The Honorable Jeb Bush
February 6, 2006
Page 2
This is an opportunity to provide long-term protections to the Gulf of Mexico and other Florida
waters and to preserve Florida's landscape. We hope that the State of Florida will officially
support this historic legislation and oppose any legislative activities that facilitate drilling off the
coast of Florida, or that confer to another state authority over Florida waters.
Thank you for taking the time to consider our concerns.
With regards,
AVID R. ILLS
Chairman
c: The Honorable Mel Martinez
The Honorable Bill Nelson
Sarasota Board of County Commissioners