7-24-06 Agenda Packet vcity of atlantic [Beach
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agenda
jut* 24, 2006
CITY OF ATLANTIC BEACH
CITY COMIVIISSION MEETING JULY 24, 2006
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of July 10, 2006.
2. Courtesy of Floor to Visitors
A. Proclamation for Florida Water, Wastewater and Systems Operator Week
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report (City Manager)
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 LISPED 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 Monthly Financial Report and Utility Sales Report for June
2006 (City Manager)
B. Award the annual contract for Electrical Troubleshooting, Repair and Installation to
Brooks Limbaugh Electric Co., Inc. at the rates in listed in Bid No. 0506-15 (City
Manager)
C. Extend the contract with Surface Management for street sweeping for one year to
expire on July 31, 2007 at the current cost, which is $20,736.00.
D. Extend the contract with Cintas for Uniform Rental and Cleaning for City
Employees for one year to expire on July 31, 2007 at the current cost, which is
estimated at $9,500 (City Manager)
E Extend the contract with Bluewater Environmental of Florida, Inc for Mosquito
Control for one year on August 31, 2007 at the current cost, which is estimated at
$11,000 (City Manager)
5. Committee Reports
None
6. Action on Resolutions
None
1
7. Action on Ordinances
A. Ordinance No. 90-06-194, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING
FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT
THE HEIGHT OF ALL BUILDINGS IN THE CITY TO THIRTY-FIVE FEET,
PROVIDING FOR EXCEPTIONS, AND PROVIDING AN EFFECTIVE DA IE
B. Ordinance No. 20-06-79, Final Reading and Public Hearing
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. Direction from City Commission regarding revision to Commercial General
regulations (City Manager)
B. Authorize the City Manager to execute the Option to Buy with Sunrise Community
Church for purchase of the land required for the Hopkins Creek Regional Retention
Facility (City Manager)
C. Authorize the City Manager to execute the agreement with CDM for final design of
the Hopkins Creek Regional Retention Facility, for construction engineering services
and for grant application assistance during the design and construction phases (City
Manager)
9. City Manager
A. City Manager's Report
10. Reports and/or requests from City Commissioners and City Attorney
A. Recommendation for reappointment to the Cultural Arts and Recreational Advisory
Committee (Mayor)
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, July 21, 2006.
2
Attendance
MINUTES
REGULAR CITY COMMISSION MEETING
July 10, 2006
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Donald Wolfson
Mayor Pro Tem J. Dezmond Waters III
Commissioner Mike Borno
Commissioner Sylvia N. Simmons
Commissioner Jamie Fletcher
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 Fletcher was followed by the Pledge of Allegiance to the Flag.
Mayor Wolfson welcomed Commissioner Waters back.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on June 26,
2006.
Mayor Wolfson asked that the minutes be amended to correct two typographical
errors: 1) on Page 4, in the 4th line of the next to last paragraph to replace the word
"arena" with the word "area", and 2) on Page 8, Under C. Investment Policy Update,
on the second line, replace the word "be" with the word "been".
Motion: Approve the minutes of the Regular Commission Meeting on June 261
2006 as amended.
Moved by Commissioner Borno, seconded by Commissioner 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 to Mayport Naval Station (Mayor)
Mayor Wolfson presented a Proclamation honoring Mayport Naval Station to the
Commanding Officer Captain Charles King. Mayor Wolfson read the proclamation in
its entirety.
Captain King expressed his gratitude for the proclamation and for the relationship
with the City of Atlantic Beach.
The Mayor opened the floor to Courtesy of the Floor to Visitors.
Bob Barnes, 1238 Beach Avenue, spoke against plans to repair a sidewalk located on
Beach Avenue near his property. Mr. Barnes stated his concerns over privacy and
safety for his family. He asked the Commission to consider tearing out the sidewalk
and replacing it with sod.
June 12, 2006 REGULAR COMMISSION MEETING Page 2
David Bailey, owner of Bailey's Power House Gym, expressed concerns regarding
parking if the Commission allowed Freebird's Cafe to move into the Atlantic Theatre
location. Mayor Wolfson advised Mr. Bailey that the Commission would open the
floor to a Public Hearing later during Miscellaneous Business and that further
comments could be made at that time.
Stephen Kuti, 1132 Linkside Drive, stated his opposition to "McMansions" and his
concerns with the draft Proposed Residential Development Standards. Mr. Kuti
expressed hope that the Commission adopt an Ordinance with no more than a 0.50
Floor Area Ratio (FAR).
Douglas Speed, 1207 Seminole Road, complimented the city on several issues:
1) five -way stop 2) skatepark - recommended adding lights and extending the hours
for the skatepark, 3) the idea of medians on Mayport Road, 4) Public Works' staff,
particularly the Employee of the Quarter, for cleaning up the Mayport Road area, and
5) police efforts on Seminole Road.
Mr. Speed reported several concerns: 1) sidewalks on Park Terrace East and West
appear to be in bad shape, 2) heat pump on Park Terrace East and Seminole Road
continually runs on sidewalk causing it to be slipper, 3)sidewalk on corner of
Seminole Road and Selva Marina Drive isn't pedestrian friendly, 4) entrance and exit
around Seminole Road and Selva Marina Drive is dangerous and suggested signage
around the curb, 5) traffic from Sewer Plant brings extra traffic through Linkside, and
6) Fleet Landing exit is being used for more than emergencies which was not the
intention of the city.
Bryan Barker, 1225 Selva Marina Circle and soon to reside at 620 Beach
Avenue, spoke regarding the Residential Standards being applied only to old Atlantic
Beach. He believes that the restrictions should apply to the entire city and expects the
commission to explain why they do not apply to all. Mayor Wolfson reminded
visitors that the Commission listens rather than responds to visitor remarks during the
Courtesy of the Floor.
Sally Clemens, 1638 Park Terrace West, explained the history of the Community
Character project. She compared the original lower proposed FAR to the latest
proposed FAR and requested that the Commission compromise.
Sharon Scholl, 2049 Selva Marina Drive, concerned with behavior and attitudes that
have resulted from conflicts over the proposed residential standards. Ms. Scholl
asked the Commission to go back at least three drafts and revisit some of the limiting
principles. She complimented the Commission for addressing the matter of a 35 -foot
height referendum.
Carol Mikell, 1771 Sea Oats Drive, Chairperson of " Save Atlantic Beach", noted
the large number of supporters in the group and their communication efforts. She
explained the financial implications of building a big house and believed that many
people would not be able to get a loan to build oversized houses.
Rae Brady, 1636 Sea Oats Drive, concerned about impervious surfaces and drainage
with regard to Community Character. development. She believes the entire
community is affected and urged the Commission to be proactive.
June 12, 2006 REGULAR COMMISSION MEETING Page 3
Ray Coleman, 438 Inland Way, Member of the Cultural Arts and Recreation
Advisory Committee, spoke regarding Item 8B. He expressed concerns that
programs, events and projects are not being advertised enough throughout the city and
requested that the Commission budget two reader marquees to use for informing the
public.
Mayor Wolfson thanked Mr. Coleman and the Cultural Arts and Recreation Advisory
Committee for their work.
Judy Sheklin, 1985 Brista Del Mar Circle, is concerned with the draft proposal and
would like protection of the community with regard to space and tree canopy.
R.D. DeCarle, 51 Beach Avenue, thanked the Commission and Community
Development Board for the time they spent on the project. He gave the Commission a
plat of "Old Atlantic Beach" to refer to for identifying the legal described sections
where "Old Atlantic Beach" is. He urged the Commission to consider protecting the
entire city instead of limiting the area to "Old Atlantic Beach". He pointed out areas
of the draft proposal that needs amending. He requested that only three-story houses
be addressed.
Barbara Mears, 1604 Coquina Place, hopes that the ordinance passed by the
Commission will apply to all of Atlantic Beach, not just a particular area. Ms. Mears
would like to review Alan Jensen's position regarding the proposed Residential
Development Standards. She expressed that the current draft is not ready still.
Bob Castro, 412 Ocean Blvd, spoke in favor of the rights of property owners and
expressed concern with potential legal action against the City. He compared the
proposed guidelines to a Planned Unit Development and believes that the proposed
guidelines would take away the Character of the city.
Lisa Bruno, 377 Plaza, supports changing the zoning. She believes the draft
proposal should be modified through more workshops in order to uphold the goals to
achieve balance and scale. Ms. Bruno urged the Commission to vote against the draft
proposal, stay on coarse using Winter's recommendations and consider using FAR's
in the range of .35 to .4 to preserve Atlantic Beach.
Tom Goelz, 631 Beach Avenue, spoke about the character of the community being
more that just regulation of zoning and development, but the relationship of the
citizens. Mr. Goelz hopes to see more compromise and less division within the
community. He thanked the Mayor and Commissioners for their work.
Mayor Wolfson asked Gerard Vermey and Judy Jenness to wait and speak during the
public hearing on Item 8A which is later on the agenda.
Pat Pillmore, 905 Camelia Street, stressed to the Commission not to sacrifice
impervious surfaces. Ms. Pilmore added that decisions regarding Community
Character should not be influenced by businesses of building and developing, profit or
portfolio but about living in Atlantic Beach.
Michael Lanier, 1768 Park TerraceWest, asked the Commission to take a long term
view for the future of Atlantic Beach.
June 12, 2006 REGULAR COMMISSION MEETING
Page 4
Former Mayor Bill Gulliford, 75 Beach Avenue, agrees with the need to consider
the impact of zoning restriction on the entire community and take a long term view.
He urges the Commission to clearly define what they want to accomplish through the
Community Character project and clearly define what a "McMansion" is.
David Boyer, 2061 Beach Avenue, supports a stronger ordinance and including the
entire city. He believes that using FAR is a good idea.
Thomas Grant, 1909 Selva Marina Drive, expressed concerns with the proposed
draft and suggested having more workshops in order to come up with a more
reasonable ordinance.
Mike Witherspoon, 679 Ocean Blvd, is hopeful that, with more time, the community
will resolve the residential standard conflict. Mr. Witherspoon complimented the
Community Development Board and the Commission and encouraged all parties to
work together.
Mayor Wolfson explained the history of the Community Character movement and
stressed the importance of relationships with each other in the community. He
explained that the height referendum item is up for discussion tonight and that, if
adopted by the voters, would affect the city's charter. He compared a charter revision
to an ordinance change such as the one regarding the Residential Development
Standards and pointed out that the Charter can only be changed by a majority of the
voters, but that ordinances can be changed by the Commission.
He asked for a show of hands from the audience members that are in attendance for
Agenda Item 8C, Proposed Residential Development Standards, as recommended for
adoption by the Community Development Board. With there being a good number of
citizens present for that item, the Mayor asked the Commission if they wished to
move that item up on the agenda.
It was the consensus of the Commission to allow item 8C to be taken out of
sequence and addressed at this time.
Miscellaneous Business C.
Proposed Residential Development Standards, as recommended for
adoption by the Community Development Board (City Manager)
Sonya Doerr addressed the Commission and explained that Sam Jacobson, Chairman
of the Community Development Board, was there to give his report and be available
to answer questions after her report is made. She referred the Commission to the
information submitted in the agenda packet which is attached and made part of this
official document as Attachment A. Ms. Doerr went through each topic summary
of the draft Proposed Residential Development Standards and explained some of the
reasons for the language being proposed.
The Mayor introduced Sam Jacobson, Chairman of the Community Development
Board and explained to everyone that Mr. Jacobson is there to represent the action of
the Board collectively.
June 12, 2006
REGULAR COMMISSION MEETING Page 5
Mr. Jacobson, explained the Community Development Board's role in the project and
that each member was committed to come up with something that would be in the
best interest of the Community. He reported that many hours were spent on the
Community Character project in meetings, workshops and research. He summarized
the objective and the challenges the board faced while trying to balance preservation
of "Character", getting the most out of your property, property rights, and quality of
life issues.
He reported that the area of applicability had continuous controversy. The initial
recommended area stopped at 11th Street, then changed to 16`h Street as the Northern
boundary. He explained that there where discussions regarding extending the area to
cover the entire city but that the final recommendation was not to include it.
Mr. Jacobson continued to go through the Proposed Residential Development
Standards and explained the reasons and information leading to the final
recommendation.
Mayor Wolfson thanked Sam Jacobson for his report. He extended his appreciation to
the entire members of Community Development Board for their hard work on the
project.
Mayor Wolfson stated his need to address and debate some questions that he still has
and suggested holding another workshop to provide the interaction in an open forum.
Mayor Wolfson asked each Commissioner to express whether or not they would
consider another workshop.
The consensus of the Commission was to hold a final workshop. Mayor Wolfson
asked Jim Hanson to coordinate with the City Clerk to schedule a meeting time for the
workshop.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
Consent Agenda
A. City Manager's Follow-up Report
City Manager Jim Hanson advised the Commission that there is no follow-up report
to present.
4. Consent Agenda
A. Acknowledge receipt of Monthly Report for Public Works and Utility
Department, and New Occupational Licenses issued in June 2006 (City
Manager)
B. Award the contract for Utility Installation at Sawgrass Chapel Place to
Gruhn May, Inc. in the amount of $195,094, approve a contingency
amount of $19,509.40, and authorize the City Manager to sign the
contract (Bid 0506-11) (City Manager)
C. Authorize Staff to negotiate with CDM for a Scope of Services for final
design and construction of the Hopkins Creek Regional Retention Facility
(City Manager)
Committee Reports
Action on Resolutions
Action on Ordinances
June 12, 2006 REGULAR COMMISSION MEETING
Motion: Approve Consent Agenda as presented.
Page 6
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. Ordinance No. 90-06-194, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY
CHARTER TO LIMIT THE HEIGHT OF ALL BUILDINGS IN THE CITY TO
THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND PROVIDING
AN EFFECTIVE DATE
Mayor Wolfson read the ordinance by title only.
Mayor Wolfson believed that the ordinance being presented had errors. The Mayor
referred to the proposed ordinance, which is attached and made part of this official
document as Attachment B, pointed out unclear language and offered new language
to reflect the intent the Commission agreed to at the last meeting. Commissioners
Borno and Simmons agreed that the language was unclear and that further discussion
was necessary. There was a concern about the twenty-five (25) feet being in the
referendum. City Attorney Jensen believed it could be stricken and requested that any
proposed changes be provided to him in writing. Mayor Wolfson agreed and asked
the Commission to submit the requested changes to the City Manager. The City
Manager agreed to compile the information and forward it to the City Attorney.
The Mayor requested that the revised Ordinance be circulated to the Commission by
the end of the week for action at the next meeting.
Motion: To defer action on Ordinance No. 90-06-194 until the July 24, 2006
meeting.
Moved by Fletcher, seconded by Simmons
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 20-06-79, Introduction and First Reading
June 12, 2006
REGULAR COMMISSION MEETING Page 7
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 by title only.
Commissioner Borno explained the purpose of the ordinance for the audience.
Motion: To approve Ordinance No. 20-06-79 on first reading.
Moved by Borno, seconded by Simmons
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request from Judy Jenness for a Use -by -Exception (2006-03) to relocate
the Freebird Cafe to the Atlantic Theatre site located at 751 Atlantic
Boulevard and to allow on -premise consumption of alcoholic beverages
and Live Entertainment to include live music (indoors only) (City
Manager)
Sonya Doerr reported the Community Development Board's recommendation. She
indicated that the Board heard comments from her, the applicant, Chief David
Thompson and several citizens and unanimously recommended approval of the Use -
by -Exception. She explained that the applicant addressed several issues to the Board
such as: sound impacts to the adjacent residential areas, security and parking.
Ms. Doerr pointed out the difficulty in determining the parking needs and how it was
calculated in this case. She noted that conditions could be placed on granting the
exception in order to help some concerns that were raised. She offered the following
example: no parking, no entrance, no exit, and no deliveries on the backside of the
building after five o'clock (5:00) p.m.
Police Chief David Thompson reported on the expected policing concerns. Security
issues were addressed and he explained that Freebird would provide security
personnel. Chief Thompson agreed that bringing in this type of venue would increase
police workload. Noise was a concern since live music will be in close proximity to a
residential neighborhood. He offered solutions to help with the noise. He also
reported on parking lot trends and indicated that the parking impact would depend on
variables such as: hours of operation of the surrounding businesses and what types of
businesses open up. He noted that the Police Department does not have an opinion
one way or the other to recommend or not recommend.
Discussion ensued then the Mayor opened the floor to the public hearing.
Judy Jenness, owner of Freebird Cafe, indicated that the main reason to move into
the Atlantic Beach location was to increase the stage size in order to attract a wide
June 12, 2006
REGULAR COMMISSION MEETING Page 8
variety of music acts and well-known performers. Deliveries, cleanup, noise,
entrances, exits, parking and security were addressed during the discussion.
Commissioner Fletcher advised everyone that he would vote against it tonight and
explained his specific reasons.
Gerard Vermey, 65 Shell Street, spoke in favor of the Freebird Cafe moving to that
location. He pointed out that the cafe is similar to the business that is already located
there.
Tom Falin, 1144 Hamlet Lane East, Neptune Beach, General Manager of the
Atlantic Theatre, spoke in favor of the Freebird Cafe.
Mr. Bailey, brother of David Bailey, spoke against Freebird Cafe mainly due to
parking and security concerns. Mr. Bailey addressed questions from the Commission.
Motion: To Approve the Request for a Use -by -Exception (2006-03) to relocate
the Freebird Cafe to the Atlantic Theatre site located at 751 Atlantic Boulevard
and to allow on -premise consumption of alcoholic beverages and Live
Entertainment to include live music (indoors only) as recommended by the
Community Development Board.
Moved by Borno, seconded by Waters
Commissioner Simmons suggested that if the Use -By -Exception was passed, then
conditions should be placed on the business such as: soundproofing the building,
placing a concrete barrier between the building and the residential houses and
regulating the hours of deliveries.
Mayor Wolfson expressed his opposition to approving the request. He explained
concerns regarding the parking, noise, safety, impact on Bailey's Gym and impact 011
nearby residents.
Commission Waters expressed his support for the cafe.
Commissioner Simmons did not feel comfortable voting in favor of the Use -by -
Exception tonight. She believed that the owner should research the concerns and
come back at a later time with solutions to some of the issues. Commissioner Borno
agreed with Commissioner Simmons.
Commissioner Bomo withdrew his motion. Commissioner Waters withdrew his
second.
The Mayor explained to the applicant that if they were to vote on the Use -by -
Exception and it be denied, the City Commission would not be able to vote again on a
similar request for Use -by -Exception for 365 days. The Mayor asked the applicant if
she would agree to come back at a later date. Ms. Jenness agreed to the Mayor's
offer.
City Manager
June 12, 2006 REGULAR COMMISSION MEETING Page 9
Motion: To defer the Request for a Use -by -Exception by the applicant until such
time as the applicant brings it back to the Commission for further consideration.
Moved by Simmons, seconded by Waters
Votes:
Aye: 4 - Borno, Simmons, Waters, Wolfson
Nay: 1- Fletcher
MOTION CARRIED
Mayor Wolfson advised Ms. Jenness to reapply through the City Clerk when ready.
B. Draft Resolution from the Cultural Arts and Recreation Committee to
purchase and Install two Marquees (City Manager)
City Manager Hanson explained that Ray Coleman spoke earlier regarding the
Cultural Arts and Recreation Advisory Committee's recommendation for the City to
purchase and install two marquees. He reported that staff recommends discussing it at
a Budget Workshop.
Commissioner Borno had concerns regarding the proposed locations and who owns
them. He expressed that he did not believe marquees to be the answer to advertising.
Commissioner Simmons agreed and wants to hear more choices for advertising during
the budget meetings.
Commissioner Fletcher agreed and added that he would like to have further
information such as cost for preparation and maintenance, procedures on control of
the content, and city manpower needs.
The consensus of the Commission was to put a hold on any action and discuss the
item at a Budget Workshop.
C. Proposed Residential Development Standards, as recommended for
adoption by the Community Development Board (City Manager)
This item was taken out of sequence and acted on earlier in the meeting.
9. City Manager
A. City Manager's Report
City Manager Jim Hanson referred the Commission to his written report, which is
attached and made part of this official record as Attachment C. His report discussed
the Traffic Study concerning proposed Wal-Mart in Neptune Beach.
Reports/Requests
City Commissioners
City Attorney
June 12, 2006 REGULAR COMMISSION MEETING Page 10
He also reported on The Palms Apartments indicating that a draft agreement between
the owner and the City has been circulated and that they are currently discussing areas
of disagreements. He expressed hope that an agreement could be worked out soon.
City Manager Hanson reported an emergency repair to a critical component at the
Buccaneer Wastewater Plant on July 7th. He explained that the cost was $22,153 for
the sole source item.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Borno
•3 Advised the Commission that he will leave town on Friday July 14th and will
return on Saturday, July 22°d
Commissioner Simmons
•;• Referenced and explained a packet that she had prepared and distributed that
includes helpful tables and information to be used during the Community
Character Workshop
Commissioner Fletcher
•;• Thanked Commissioner Simmons for the wonderful information
Commissioner Waters
• Expressed he was glad to be back from vacation
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 11:27 p.m..
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk
AGENDA ITEM #2A
JULY 24, 2006
CDCIa11tdif DIT
WHEREAS, the Florida Water and Pollution Control Operators Association is a
statewide organization dedicated to maintaining water quality in Florida; and
WHEREAS, these trained, dedicated, and knowledgeable operating personnel
maintain water and wastewater plants throughout the state of Florida; and
WHEREAS, the Operators Association conducts operator training throughout the
state at the thirteen regional levels and acts as liaison between the Department of
Environmental Protection (DEP) and operators in the field; and
WHEREAS, the Association reviews and assists in supervising state certification
examinations and coordinates the statewide plant operations awards program with DEP;
and
NOW THEREFORE, I, Donald M. Wolfson, Mayor of the City of Atlantic
Beach, do hereby extend greetings and best wishes to all observing August 7 —11, 2006,
as
FLORIDA WATER, WASTEWATER, AND SYSTEMS OPERATORS WEEK
IN WITNESS WHEREOF, I have
hereby set my hand and caused the Official
Seal of the City of Atlantic Beach to be
affixed this 24th day of July, 2006.
Donald M. Wolfson, MAYOR
AGENDA ITEM #2A
JULY 24, 2006
Florida Water & Pollution Control Operators Association
A Non -Profit Association Serving Water and Wastewater Professionals in the State of Florida
Region II c/o Michael Fields
9140 Hampton Cove Ct. S.
Jacksonville, FL. 32225-4395
June 16, 2006
The Honorable Mayor
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Fl. 32233-5445
RE: Florida Water, Wastewater, and Systems Operators Week
Dear Mayor:
2' '
F 1 l.7I"(Jr
( rY CLERK
,
The Florida Water & Pollution Control Operators Association (FW&PCOA) is an
organization of members who are engaged in the production, treatment and distribution of
drinking water; the collection, treatment and disposal of wastewater; and the collection and
treatment of storm water. Our goal is to protect the health of citizens and preserve natural
resources. We accomplish this by advancing the professional status of water and wastewater
plant operators, providing a licensing system for field technicians, and arranging training
programs. Our region, Region II, covers Nassau, Duval, St. Johns, Putnam, Clay, Baker, Union
and Bradford Counties.
Each year we recognize water, wastewater, and system operators for their dedication in
maintaining water quality in the state of Florida. We do this by proclaiming a week in the month
of August as "Florida Water, Wastewater, and Systems Operators Week."
This year the FW&PCOA scheduled "Florida Water, Wastewater, and Systems
Operators Week" for August 7 - 11, 2006. We would like to invite you and The City of Atlantic
Beach to join us in recognizing the efforts of water, wastewater, and system operators in your
community. You can do this by executing a proclamation recognizing this event.
I am enclosing a sample proclamation for your use. Please transfer the information to
your letterhead and execute the proclamation. Please send a copy of the executed proclamation to
us so we can recognize you and The City of Atlantic Beach's participation. Thank you in
advance for your anticipated participation!
Sincerely,
Harry Mcnally, Director
FW&PCOA
Regions
City of Atlantic Beach
FINANCIAL REPORT
June, 2006
AGENDA ITEM #4A
JULY 24, 2006
Cash Balances
Fund(s)
General
Tree Replacement
Convention Development Tax
Local Option Gas Tax
Better Jax 1/2 Cent Sales Tax
Police Training, Forfeit, etc.
Grants
Debt Service
Utility
Sanitation
Storm Water
Pension - Police
Pension - General
Total
Total Restricted Cash
Total Unrestricted Cash
Prior
May, 2006
$5,931,354
25,503
152,049
473,165
972,270
(4,698)
(27,184)
62,984
3,719,368
534,544
2,760,315
24,143
17,895
$14,641,708
Current
June, 2006
$5,719,010
20,913
159,895
479,089
989,375
(15,567)
(26,124)
58,896
3,804,042
529,773
2,784,927
16,154
35,860
$14,556,243
$6,551,631
$8,004,612
Dollar
Change
($212,344)
(4,590)
7,846
5,924
17,105
(10,869)
1,060
(4,088)
84,674
(4,771)
24,612
(7,989)
17,965
($85,465)
Cash and Investments
Account
Bank of America - Depository
SBA
Cash on Hand
Prior
May, 2006
$166,295
14,472,863
2,550
Subtotal 14,641,708
Police Pension Investments 4,909,596
General Pension Investments 7,352,784
Subtotal 12,262,380
Current
June, 2006
$68,171
14,485,522
2,550
14,556,243
4,918,684
7,365,264
12,283,948
Total $26,904,088 $26,840,191
(1) FYTD rate of return through 03/31/06
Dollar
Change
Rate of
Return %
($98,124) 4.03
12,659 5.17
0
(85,465)
9,088
12,480
21,568
($63,897)
5.60 (1)
5.90 (1)
City of Atlantic Beach
FINANCIAL REPORT
June, 2006
Revenues
AGENDA ITEM #4A
JULY 24, 2006
Fund / (Footnote)
Annual
Estimate
YTD - 75%
of Estimate
YTD
Actual
Dollar Percent
Variance Variance
General (1)
Tree Replacement
Convention Development Tax
Local Option Gas Tax
Better Jax 1/2 Ct Sales Tax
Police Training, Forfeit, etc.
Grants (2)
Debt Service
Utility
Sanitation
Storm Water (3)
Pension - Police
Pension - General (4)
Total
$9,951,978
0
128,000
564,042
702,336
31,800
508,111
71,100
6,685,534
1,362,300
1,067,868
702,355
1,015,029
$22,790,453
$7,463,984
0
96,000
423,032
526,752
23,851
381,083
53,325
5,014,151
1,021,725
800,901
526,766
761,272
$17,092,842
$8,431,621
0
57,382
415,437
578,791
13,499
113,380
54,300
4,956,198
987,669
567,210
476,307
871,732
$17,523,526
$967,637 12.96%
0 100.00%
(38,618) -40.23%
(7,595) -1.80%
52,039 9.88%
(10,352) -43.40%
(267,703) -70.25%
975 1.83%
(57,953) -1.16%
(34,056) -3.33%
(233,691) -29.18%
(50,459) -9.58%
110,460 14.51%
$430,684
Analysis of Major Variances
(1) The $967,637 positive variance in the General Fund resulted from having received
99.9% of the year's budgeted property taxes by June, 2006. Typically the majority of
these taxes are received from the City of Jacksonville in December & January.
(2) The $267,703 negative variance in the Grant Funds resulted from either items not
having been purchased or reimbursement requests not having been filed as of June 30,
2006.
(3) The $233,691 negative variance in the Stormwater Fund resulted from the award of a
grant in fiscal year 2006 that has not been received.
(5) The $110,460 positive variance in the General Employee Pension Fund resulted from
changes in the market values of the investments.
City of Atlantic Beach
FINANCIAL REPORT
June, 2006
Expenses
AGENDA ITEM #4A
JULY 24, 2006
Annual YTD - 75% YTD Dollar Percent
Department / (Footnote) Estimate of Estimate Actual Variance Variance
Governing Body $46,938 $35,204 $37,326 ($2,122) -6.03%
City Administration 2,157,933 1,618,450 1,429,207 189,243 11.69%
General Government (1) 2,250,185 1,687,639 934,627 753,012 44.62%
Planning and Building 684,579 513,434 359,633 153,801 29.96%
Public Safety (2) 4,736,835 3,552,628 2,885,746 666,882 18.77%
Parks and Recreation 1,022,247 766,686 691,424 75,262 9.82%
PublicWorks(3) 6,214,842 4,661,132 3,440,263 1,220,869 26.19%
Public Utilities 7,172,599 5,379,446 5,007,657 371,789 6.91%
Pension - Police 400,936 300,702 291,591 9,111 3.03%
Pension - General 405,798 304,349 298,562 5,787 1.90%
Total $25,092,892 $18,819,670 $15,376,036 $3,443,634
Annual YTD - 75% YTD Dollar Percent
Resource Allocation Estimate of Estimate Actual Variance Variance
Personal Services (4) $7,886,115 $5,914,586 $5,488,940 $425,646 7.20%
Operating Expenses (2) & (3) 9,571,978 7,178,984 6,099,362 1,079,622 15.04%
Capital Outlay (1) & (3) 5,167,486 3,875,615 1,517,752 2,357,863 60.84%
Debt Service (5) 1,678,236 1,258,677 1,678,174 (419,497) -33.33%
Transfers 789,077 591,808 591,808 0 0.00%
Total $25,092,892 $18,819,670 $15,376,036 $3,443,634
Analysis of Major Variances
(1) The positive variance in the General Government departments resulted from not having
begun the various budgeted projects — see the Project Activity Schedule.
(2) The positive variance in the Public Safety department is due to the payment for the City
of Jacksonville fire contract being paid quarterly, the lifeguard expenses being seasonal,
two vacant positions in the Patrol division and no expenditures in some of the grants.
(3) The majority of the positive variance in the Public Works department resulted from not
having begun the various budgeted projects — see the Project Activity Schedule. Also,
the waste management contract and First Vehicle are not billed and paid until the month
after the services are provided.
(4) The positive variance in Personal Services is due to vacant positions in Information
Technology, Sewer Wastewater, Police Department Patrol Division and the Lifeguard
positions being seasonal.
(5) The negative variance in the Debt Service departments resulted from the payment of
principal and interest on the Utility Revenue Bonds in the months of October & April.
City of Atlantic Beach
FINANCIAL REPORT
June, 2006
Project Activity - Current Year Activity Only
AGENDA ITEM #4A
JULY 24, 2006
Project Name
Project
Number
YTD YTD YTD
Budget Actual Balance Status
Parks and Recreation:
Beautification
PRO601 45,000 0 45,000
Subtotal 45,000 0 45,000
Public Safety
Police Building Renovations PS0504 475,000 2,570 472,430 D
Homeland Security Items PS0601 138,000 0 138,000
Subtotal 613,000 2,570 610,430
Public Works:
Plaza Entrance/Post Office PW0305 54,686 54,686 0 C
Hopkins Creek Basin Pond PW0309 1,300,000 0 1,300,000 E
Mayport Road Medians PW0401 346,858 55,858 291,000 E
Welcome Sign and Landscaping PW0405 78,000 3,852 74,148 I
Ocean/13th - Coast Drive/12th PW0409 141,816 141,797 19 C
Five Points Intersection Improvement PW0502 346,599 331,141 15,458 I
Sidewalks - New PW0503 26,175 26,175 0 C
Plaza Drive Phase 2 Pedestrian Path PW0504 37,500 37,109 391 C
Sidewalks - Replacements PW0505 5,864 5,864 0 C
Seminole Ditch Headwall PW0507 12,974 12,974 0 C
Pathway - Plaza (West of Mayport Road) PW0508 27,144 27,144 0 C
Concrete Floor for Shed PW0601 8,800 8,800 0 C
Medians Rehab - Atlantic Boulevard PW0602 3,500 0 3,500
Roll Off Concrete Pads PW0603 10,000 6,180 3,820 I
Sidewalks & Curbs PW0604 48,480 18,952 29,528 I
Paving of City Hall Parking Lot PW0605 80,650 2,909 77,741 I
Pathways PW0606 149,000 0 149,000
Sidewalks - Sailfish,Royal Palm & Frances PW0607 90,800 23,196 67,604 I
Selva Tierra Ditch Improvements PW0608 25,954 25,954 0 C
Pathway - Seminole Road Phase 1 PW0609 63,000 62,973 27 C
Pathway - Seminole Road Phase 2 PW0610 47,652 44,700 2,952 I
Pathway - Seminole Road Phase 2 PW0611 17,000 0 17,000 I
Traffic Isle - Mandalay Park 2,922,452 890,264 2,032,188
Public Utilities:
Security Upgrade/Water Plants PU0305 2,485 2,485 0 C
Headwork Improvements at WWTP2 PU0310 52,027 52,027 0 C
Water Line at 10th Street & Beach Avenue PU0503 83,446 83,446 0 C
Lift Station Scada PU0505 5,820 0 5,820
Fence Replacement at Water Plant 1 PU0601 70,000 0 70,000 I
Water Main at Sailfish Drive & Plaza PU0602 65,703 484 65,219 I
Sewer Crossing Ditch at Palm Landing PU0603 30,000 0 30,000
Genset at Lift Station B PU0604 26,507 0 26,507 I
Clarifier Rehabilitation PU0605 132,020 0 132,020 I
Fence Replacement at WWTP 1 PU0606 12,637 0 12,637 I
Sludge Container Refurbishment PU0607 8,900 0 8,900 I
Beach Habitat Subdivision PU0608 120,595 0 120,595
Status Key
B - Bid Awarded
C - Project Completed
D - Design Completed
Subtotal 610,140 138,442 471,698
Total $4,190,592 $1,031,276 $3,159,316
E - Design Phase
I - Project In -progress
R - Re -budget Next Fiscal Year
AGENDA ITEM #4A
JULY 24, 2006
City of Atlantic Beach, FL
Utility Sales Report
June 2006
June 2005
; Accounts
Gallons
0000
Actual
Revenue
Revenue 1
Per 1,000 g► Accounts
Gallons
0000
Actual
Revenue
Revenue
Per 1,000 gi
Water Sales
Atlantic Beach
Buccaneer
Total Water Sales
5,569
2,584
53,104
28,907
$131,903
$73,986
$2.48 5,570
$2.56 I, 2,704
52,377
28,347
$123,363
$70,079
$2.36
$2.47 1
8,153
82,011
$205,889
$2.51 8,274
80,724
$193,442
$2.40
Gallons
0000
_..��
>=
Gallons
0000
k. Water Plant Production
Atlantic Beach
Buccaneer
' Total Production
Total Water Billed
Water Loss for month:
1 Percentage Loss
Total 12 mo. Avg. Loss
66,772
22,630
60,358
24,230
1
1
89,402
84,588
82,011
80,724
7,391
3,864
8.27%
4.57%
10.16%
10.37%
Revenue
Per 1,000 gi Accounts
Gallons
0000
Actual
Revenue
Revenue
Per 1,000 gl
I Sewer Sales
Accounts
Gallons
0000
Actual
Revenue
Atlantic Beach
Buccaneer
t. Total Sewer Sales
5,057
2,465
38,839
27,023
$171,857
$144,034
$4.42 1; 5,016
$5.33 2,583
39,511
26,217
$169,628
$134,823
$4.29
$5.14
7,522
65,862
$315,890
$4.80
Sewer Treatment
Gallons
0000
Actual
Revenue
Revenue
Per 1,000 gi
Gallons
0000
Actual
Revenue
Revenue
Per 1,000 gl'
Atlantic Beach
Buccaneer
Total Sewer Treated
.
'
47.390
16.509
$171,857
$144,034
$3.63
$8.72
s,
56.467
23.923
$169,628
$134,823
$3.00
$5.64
63.899
$315,890
$4.94
80.390
$304,451
$3.79°
AGENDA ITEM #4B
JULY 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Contract for Electrical Troubleshooting, Repair and Installation
Bid No. 0506-15
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: July 13, 2006
BACKGROUND: Public Utilities, as well as other departments, require the services of
qualified and licensed electricians to troubleshoot, repair and install wiring, controls and various
electrical components. Bids were advertised and 7 bidders were invited to bid. Two bidders
attended the mandatory pre-bid meeting and only one submitted a bid. Brooks Limbaugh
Electric Company, Inc. bid at the following rates:
Position
Hourly Rate
Master Electrician
$34.00
Journeyman Electrician
$29.00
Apprentice Electrician
$25.00
Other Information
Overhead & Profit percentage
30%
All of the required documentation was submitted with the bid. Brooks Limbaugh has been
performing the City's electrical work for many years and the City has been very pleased with
their work.
BUDGET: These services are used on an as -needed basis, and there are funds of $105,000
budgeted in the Water and Sewer Funds under account nos. 400-5502-533-3400, 410-5506-535-
3400, and 410-5508-535-3400.
RECOMMENDATION: Award the annual contract for Electrical Troubleshooting, Repair and
Installation to Brooks Limbaugh Electric Co., Inc, at the rates in listed in Bid No. 0506-15.
ATTACHMENTS: 1. Bid tabulation form.
REVIEWED BY CITY MANAGER:
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AGENDA ITEM #4B
JULY 24, 2006
Award of Bid based on Department Analysis and Commissioo Approval
Brooks &
Limbaugh
X
Z
X
X
X
X
X
X
X
X
X'
$34.00/HR
x
$25.00/HR
ce
x
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coN
$114.40
Required Documents
Submission in Triplicate
[Addenda - Written Confirmation of Receipt
Document Requirements Checklist
Drug Free Workplace Form
Insurance Certificate - Original
Master Electrician Cert./N. FL Bldg. Trades Assoc.
1Occupational and Contractor's Licenses
Proof - Graduate of Apprenticship/Training Industrial Electricity
Public Entity Crime Statement
References - Three (3)
E-
0
rn
-
!Master Electrician
Journeyman Electrician
!Apprentice Electrician
Total Cost Without Overhead
Overhead and Profit%
Cost for Overhead and Profit
Tota Hourly Cost for Project
Award of Bid based on Department Analysis and Commissioo Approval
AGENDA ITEM #4C
JULY 24, 2006
AGENDA ITEM:
SUBMITTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Street SweepingNacuuming
Rick Carper, P.E. otG
Director of Public Works
DATE: July 11, 2006
The contract for street sweeping expires July 31, 2006.
Surface Management (Mr. Jeff Swatkowski, President) has
agreed to extend the contract for another year; at the current
prices. Sweeping is a requirement of our NPDES/MS4
permit, and our maintenance contract with FDOT requires
monthly sweeping of Atlantic Blvd & Mayport Road.
BUDGET: Stormwater account number 470-0000-538-3400 contains
$24,000.00 budgeted for Street Sweeping.
RECOMMENDATION: Extend the contract for one year at the current cost, which is
$20,736.00.
ATTACHMENTS: Letter signed by Surface Management agreeing to extend
the contract.
REVIEWED BY CITY MANAG
July 24th Regular Meeting
June 2, 2006
Jeff Swatkowski
President
Surface Management Corp.
11302 New Berlin Road
Jacksonville, Florida 32226
Dear Mr. Swatkowski:
AGENDA ITEM #4C
JULY 24, 2006
DEPARTMENT OF PUBLIC WORKS
1200 SANDPIPER LANE
ATLANTIC BEACH, FLORIDA 32233-4318
1bLEPHONE: (904) 247-5834
FAX: (904) 247-5843
SUNCOM: 852-5834
http://ci.atlantic-beach.fl.us
As you are aware, the contract with the City of Atlantic Beach for sweeping city streets and
FDOT roads expires on July 31, 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, so I can prepare a staff report for the City Commission to accept the extension.
We look forward to recommending that we continue our contract with your company.
Phil Nodine
Streets and Maintenance
Division Director
SURFACE MANAGEMENT CORPORATION AGREES TO EXTEND THE
CONTRAC r FOR THE SAME PRICE.
wat owski, President Surface Management Corp.
77o,
Date
AGENDA ITEM #4C
JULY 24, 2006
SURFACE MANAGEMENT CORPORA TiuN
Parking lot Maintenance • Power Sweeping • Construction Clean Up
July 10, 2006
Department of Public Works
Phil Nodine
Streets and Maintenance Division Director
1200 Sandpiper Lane
Atlantic Beach, PL 32233-4318
Dear Mr. Nodine,
We are happy to accept the extended contract for another year at the current prices. Due to the rising
cost of gasoline and insurance, we will have to increase our rates no more than 15%, if we continue our
contract for the year of July 2007. If you have any questions on this matter, please do not hesitate to
call.
We look forward to another year with the City of Atlantic Beach.
Jeff Swatkowski
11302 New Berlin Road •Jacksonville, Florida 32226 f904) 751-1587 fax 751-1572
AGENDA ITEM #4D
JULY 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Uniform Rental and Cleaning for City Employees
SUBMITTED BY: Rick Carper, P.E.
Director of Public orks
DATE: July 12, 2006
BACKGROUND: The city provides uniforms and cleaning services for City
bargaining unit employees required to wear uniforms, in
accordance with the Northeast Florida Public Employees'
Local 630 Agreement.
The current contract with Cintas Corporation expires on July
31, 2006. We have contacted Mr. John Duffy, Branch
Manager of Cintas Corporation, and he has agreed to extend
the contract for another year at the current prices. The City
has the option of extending the current contract for two 1 -
year periods. This will be extension number two.
RECOMMENDATION: Extend the contract for one year at the current cost, which is
estimated at $9,500.
BUDGET:
ATTACHMENTS:
Uniform services are budgeted in the 4400 accounts of the
following divisions: Streets and Maintenance, Stormwater,
Water Production, Sewer Treatment, Water Distribution,
Sewer Collection, Parks and Recreation, and Finance.
Letter signed by John Duffy, Branch Manager, Cintas
Corporation agreeing to extend the contract for one year at
the current prices.
REVIEWED BY CITY MANAGER:
July 24th Regular Meeting
June 16, 2006
John Duffy
Branch Manager
Cintas Corporation
1595 Transport Court
Jacksonville, Florida 32218
Dear Mr Duffy:
AGENDA ITEM #4D
JULY 24, 2006
DEPARTMENT OF PUBLIC WORKS
1200 SANDPIPER LANE
ATLANTIC BEACH, FLORIDA 32233-4318
TELEPHONE: (904) 247-5834
FAX: (904) 247-5843
SUNCOM: 852-5834
http://ci.atlantic-beach.fl.us
As you are aware, the contract with the City of Atlantic Beach for uniform rentals expires on
July 31, 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, so I can prepare
a staff report for the City Commission to accept the extension.
We look forward to recommending that we continue our contract with your company.
Phil Nodine
Streets and Maintenance
Division Director
CINTAS ORPORATION AGREES TO EXTEND THE CONTRACT FOR ONE YEAR
FORT . ` SAME PRI
John Du fy Branch Manager for Cintas
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Contract for Mosquito Control
SUBMITTED BY: Rick Carper, P.E.
Director of Public Works
DATE: July 17, 2006
BACKGROUND:
AGENDA ITEM #4E
JULY 24, 2006
The current contract for mosquito control expires on August
31, 2006. John Pastore, Owner of Bluewater Environmental
of Florida, Inc., has agreed to extend the contract for another
year at the current prices. The City has the option of
extending the current contract for two (2) one (1) year
periods. This proposed extension is the first.
RECOMMENDATION: Extend the contract for one year at the current cost, which is
estimated at $11,000.
BUDGET:
ATTACHMENTS:
Budget 001-5002-562.34-01 $ 11,000.00
Letter signed by John Pastore, Owner of Bluewater
Environmental of Florida, Inc agreeing to extend the contract
for one year at the current prices.
REVIEWED BY CITY MANAGER:
July 24th Regular Meeting
July 12, 2006
John Pastore
Owner
Bluewater Environmental of Florida, Inc.
11341 Distribution Ave. East
Suite #6
Jacksonville, Florida 32256
Dear Mr. Pastore:
AGENDA ITEM #4E
JULY 24, 2006
CITY OF ATLANTIC BEACH
DEPARTMENT OF PUBLIC WORKS
1200 SANDPIPER LANE
ATLANTIC BEACH, FLORIDA 32233-4318
TELEPHONE: (904) 247-5834
FAX: (904) 247-5843
SUNCOM: 852-5834
www.coab.us
As you are aware, the contract with the City of Atlantic Beach for mosquito control expires on
August 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 before July
31, 2006, so I can prepare a staff report for the City Commission to accept the extension.
We look forward to recommending that we continue our contract with your company.
Phil Nodine
Streets and Maintenance
Division Director
BLUEWATER ENVIROMENTAL OF FLORIDA, INC. AGREES TO EXTEND THE
CONTRACT FOR ONE YEAR FOR THE SAME PRICE.
JoPastore, Owner
7// "/o
Date
AGENDA ITEM #7A
JULY 24, 2006
ORDINANCE NUMBER 90-06-194
AN ORDINANCE OF THE CITY 'OF ATLANTIC BEACH, FLORIDA,
CALLING FOR A REFERENDUM TO AMEND SECTION 59 OF THE
CITY CHARTER TO LIMIT THE HEIGHT OF BUILDINGS WITHIN THE
CITY TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Calling for a referendum Election Amending the City Charter.
A referendum shall be added to the election ballot on November 7, 2006, to amend
Section 59 of the Charter of the City of Atlantic Beach, Florida, to read as follows:
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 within 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; provided however, that existing Buildings which
exceed 35 -feet in height may be repaired to that existing height, 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.
Fuither provided, however, that the City Commission may approve,
pursuant to the applicable Section of the City's Land Development Regulations,
requests to exceed the maximum Building height of thirty-five (35) feet for exterior
architectural design elements, exterior decks or porches within non-residential land
use categories as designated by the Future Land Use Map of the adopted
Comprehensive Plan, for non-residential development.
The only property excepted from this height limitation shall be certain parts
of the existing Sea Turtle Inn hotel property, located at 1 Ocean Boulevard, Atlantic
Beach, Florida, which property 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, and only those parts of said property as follows: (1) the existing Buildings that
exceed 35 -feet on the property as of the effective date of this Ordinance, and (2) that
part of said property extending west from the existing hotel tower no more than one
Ordinance 90-06-194 Page 1 of 3
AGENDA ITEM #7A
JULY 24, 2006
hundred twenty-five (125) feet towards the west property line, no closer than fifty
(50) feet to the south property line, with no more than a maximum width of one
hundred (100) feet and containing an additional footprint of no more than eleven
thousand five hundred (11,500) square feet However, any future development,
redevelopment or expansion on these parts of the property, which are proposed to
exceed thirty-five (35) feet in height shall be subject to approval by the City
Commission and shall in no event exceed the height of the existing hotel tower
Building 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.
SECTION 2, Form of Ballot and Election Question.
The form of ballot and election question to be used in said election shall be as follows:
CHARTER ELECTION BALLOT
NOVEMBER 7, 2006
CITY OF ATLANTIC BEACH
BALLOT TITLE. Amending Section 59 of the Charter to Zoning, Land
Development Regulations and Maximum Building Height.
RAI,I.OT SITMMARV. Amending Section 59 of the Charter limiting height of
Buildings to 35 -feet, allowing Buildings presently exceeding 35 -feet to be restored to existing
height, prohibiting alterations that would cause Buildings to exceed 35 -feet, allowing exterior
design elements in non-residential areas to exceed the height limitation if approved by the City
Commission, excepting parts of the Sea Turtle Inn property, and not restricting any property
owner's vested rights under any law.
Shall the above Charter amendment be adopted?
Yes (approve amendment)
No (reject amendment)
SECTION 3, Effective date of Charter amendment.
Ordinance 90-06-194
Page 2 of 3
AGENDA ITEM #7A
JULY 24, 2006
If approved by a majority of the voters at the election on November 7, 2006, then
the Charter amendment shall take effect immediately.
SECTION 4 Effective date of this Ordinance.
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
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Mayor, Presiding Officer
Ordinance 90-06-194 Page 3 of 3
AGENDA ITEM #7B
JULY 24, 2006
ORDINANCE NO. 20-06-79
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, and
WHEREAS, additional funds for the hurricane window protection for City Hall,
anticipated increased operating expenses for the City Commission related to the Florida League
of Cities seminar and other operating supplies, additional funds for on going legal cases, and
funds for the utility installation at Sawgrass Chapel Place are included in this ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2005/2006 Final Budget be amended as follows:
General Fund
Expenses:
City Administration
City Commission
Other Current Charges $6,600
Legal Services
Professional Services 20,000
Total General Fund 26,600
Change in Fund Balance <$26,600>
Half Cent Sales Tax Fund
Expenses:
General Government
Capital Outlay — Equipment
$6,000
Change in Fund Balance <$6,000>
Water- Utility Fund
Revenues:
Reimbursement from Beaches Habitat $28,203
Ordinance No. 20-06-79 Page 1 of 2
Expenses:
Distribution
Capital Outlay — Improvements
AGENDA ITEM #7B
JULY 24, 2006
28,203
Change in Fund Balance $0
Sewer Utility Fund
Revenues:
Reimbursement from Beaches Habitat $65,806
Expenses:
Collection
Capital Outlay — Improvements
65,806
Change in Fund Balance $0
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this 10th day of July, 2006.
Passed by the City Commission on second and final reading this day of July, 2006.
Donald M. Wolfson
Mayor / Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire Donna L. Bussey
City Attorney City Clerk
Ordinance No. 20-06-79 Page 2 of 2
AGENDA ITEM:
SUBMITTED BY:
AGENDA ITEM #8A
JULY 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
Direction from City Commission regarding revision to Commercial
General regulations
Sonya Doerr, AICP
Community Development Director
DATE: July 11, 2006
BACKGROUND: The City Commission has expressed concerns related to "Big Box" retailers
and the appropriateness of such high -impact commercial uses within the City of Atlantic Beach
where commercial development tends to be of a smaller scale and typically neighborhood -serving.
The current Land Development Regulations address "Big Box" retail within the Commercial
Limited (CL) District (see below), but this language is not presently within the Commercial
General (CG) Zoning District regulations. Given the close proximity of most all of the City's
Commercial General Zoning Districts to residential areas, staff is of the opinion that this same
language is also appropriate for the CG Zoning District.
Sec. 24-110. Commercial Limited District. (CL)
(a) Intent. The CL Zoning Districts are intended for low intensity business and
commercial Uses, which are suitable within close proximity to residential Uses, and
which are intended primarily to serve the surrounding neighborhood. Subject to
review as a Use -by -Exception, and dependent upon compatibility with existing
surrounding residential Uses, certain more intense commercial Uses may also be
appropriate. Permitted Uses in the CL Zoning Districts shall not include large-scale
discount super -centers or "Big -Box" retailers or similar commercial Uses intended to
serve a regional market. Uses shall also not include establishments for Live
Entertainment, or Adult Entertainment Establishments, outdoor entertainment such as
putt -putt golf and driving ranges, skateboard facilities, firing ranges, amusement
centers and video game arcades and any type of token or coin-operated video or
arcade games, movie theaters, billiard and pool halls.
The 2015 Comprehensive Plan currently establishes a maximum Impervious Surface Area of 70%
and a maximum Floor Area Ratio of .70 for new commercial development. (Comprehensive Plans
are required to contain non-residential intensity standards.) A .70 Floor Area Ratio would yield a
maximum of approximately 30,500 square feet of floor area per acre of land.
BUDGET: No budget issues.
RECOMMENDATION: Direction to Staff .related an amendment to the Commercial General
Land Development Regulations as suggested herein.
ATTACHMENTS: None.
REVIEWED BY CITY MANA •
July 24, 2006 regular meeting
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
BUDGET:
AGENDA ITEM #8B
JULY 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Hopkins Creek — Option to Buy Agreement
Rick Carper, P.E., Public Works Director'
July 13, 2006
Staff has negotiated an Option to Buy agreement with Sunrise
Community Church for the two -acre parcel required for the Hopkins
Creek Regional Retention Facility.
This Option to Buy commits the city to purchase the two acres at
the appraised value of $430,000 per acre, following completion of
due diligence evaluations of environmental and title considerations
to ensure the land is suitable for the proposed use and has clear
title. Lampe, Roy & Associates, Inc. obtained this value through a
land appraisal provided to the city on April 26, 2006. The Option to
Buy requires payment of a $5,000 to execute. This payment will
not be credited toward the purchase price for the land.
The FY2006 Stormwater Capital Account (470-0000-538-6300) has
$1,300,000 budgeted for construction of the Hopkins Creek Pond
(Project PW0309). The purchase price will be transferred to the
6400 (Land Acquisition) account.
RECOMMENDATION: Authorize the City Manager to execute the Option to Buy with
Sunrise Community Church for purchase of the land required for
the Hopkins Creek Regional Retention Facility.
ATTACHMENTS: 1. Option to Buy Agreement
2. Appraisal Report
REVIEWED BY CITY MANAGER:
July 24, 2006 Regular Meeting
AGENDA ITEM #8B
JULY 24, 2006
OPTION AGREEMENT FOR PURCHASE AND SALE
THIS AGREEMENT, is made and entered into as of this day of June, 2006 (the
"Effective Date" of this Agreement), by and between CITY OF ATLANTIC BEACH, a
corporate body politic (hereinafter referred to as the `Buyer"), and SUNRISE COMMUNITY
EVANGELICAL FREE CHURCH, INC., a Florida not for profit corporation (hereinafter
referred to as the "Seller").
WITNESSETH:
For and in consideration of the covenants, promises, undertakings and agreements
hereinafter set forth, the parties agree as follows:
1. Grant of Option. Seller hereby grants Buyer an exclusive option to purchase
(hereinafter referred to as the "Option"), on the terms and conditions hereinafter stated, that
certain parcel of real property located in Duval County and depicted on Exhibit "A" attached
hereto as the "Option Parcel" (hereinafter referred to as the "Option Parcel"). That portion of
Parcel 2 depicted on Exhibit "A" that is not within the Option Parcel (hereinafter referred to as
the "Parcel 2 Remainder"), together Parcel 1 and Tract 1 as depicted on Exhibit "A" are owned
by the Seller and shall be hereinafter referred to as the "Retained Land".
2. Option Term and Option Price.
a. Subject to the terms and conditions set forth herein, Seller does hereby
grant to Buyer, for a period extending from the Effective Date of this Agreement until
, 2006 ("Option Period"), an exclusive and irrevocable option ("Option") to
purchase the Land, subject to the terms and conditions of this Agreement. Buyer must exercise
the Option prior to the expiration of said Option Period, otherwise the Option shall become null
and void and of no further force and effect.
b. Upon execution of this Agreement, the Buyer shall pay to Seller the sum
of $5,000.00 (hereinafter referred to as the "Option Payment") in consideration for the Option
granted herein. If the Option Term expires and the Buyer has not exercised its rights to purchase
the Option Parcel, then the Option Payment shall be retained by Seller, and, except for the
Buyer's indemnity granted in Paragraph 3 below, this Agreement shall terminate and be of no
further force or effect. In the event the Buyer exercises the Option and purchases the Option
Parcel, the Option Payment shall not be credited toward the purchase price of the Option Parcel.
c. Purchase Price and Method of Payment. The total Purchase Price for the
Property shall be Eight Hundred Sixty Thousand and 00/100 Dollars ($860,000.00). The
Purchase Price shall be payable by Buyer to Seller, in cash, by wire transfer to the account
designated in Exhibit "B" attached hereto, payable at the consummation of the transaction
contemplated by this Agreement, as adjusted by any prorations (the "Closing").
AGENDA ITEM #8B
JULY 24, 2006
3. Inspection Right.
a. During the Option Term, Buyer shall have access to the Option Parcel and
to the area containing the proposed eastern pond and piping systems to conduct any inspections
or tests which Buyer deems necessary or desirable, including but not limited to soil tests and
environmental audits in order to determine if the Option Parcel can be developed for the
"Buyer's Intended Use". For purposes of this Agreement, the term "Buyer' s Intended Use"
shall mean the development of the Option Parcel for a retention pond and drainage purposes.
The provisions of this paragraph to contrary notwithstanding, the buyer shall not enter upon the
Option Parcel or Retained Land after 4:00 p.m. on Wednesdays or at any time on Sundays. The
Buyer hereby agrees to indemnify and hold Seller harmless from any of Buyer's actions relative
to such activities to the extent permitted by Section 768.28, Florida Statutes. This indemnity
shall survive the Closing or any earlier termination or expiration of this Agreement. If Buyer
exercises the Option to purchase the Option Parcel, the right of entry and investigation granted in
this Paragraph 3 shall continue unabated through the Closing.
4. Survey. Buyer shall order a current staked boundary survey of the Property (the
"Survey") within ( ) days after the Effective Date of this Agreement. The Survey shall be
prepared by a qualified, registered Florida land surveyor according to the standards promulgated
in Section 61G17-6, Florida Administrative Code, and shall show thereon and include: (a) The
metes and bounds legal description of the Property; (b) a certificate by the surveyor certified to
Buyer, Seller, and the "Title Company" (as hereinafter defined) in such form as may be
reasonably acceptable to Buyer, dated as of a date not earlier than the Effective Date of this
Agreement (and subsequently updated to within ninety (90) days of the Closing, if required by
the Title Company in order to delete the general survey exception); (c) all physical matters on the
ground, which may affect the Property or title thereof; (d) whether the Property is located in a
"Special Flood Hazard Area" as determined by review of a stated, identified, Flood Hazard
Boundary Map or Flood Hazard Rate Map published by the Federal Insurance Administration of
the United States Department of Housing and Urban Development; (e) all easements, landscape
buffers, and building restriction lines of record affecting the Property with proper notation of the
book and page of each such easement as recorded in the Public Records; (f) the lines of the
public street or streets abutting the Property and the widths and centerlines of all said streets; (g)
all encroachments and the extent thereof, if any, in feet and inches on the Property or any portion
thereof; and (h) the number of square feet (to the nearest 1/100 of a square foot) contained within
the Property. If said Survey shows (1) any encroachments on the Property or that improvements,
if any, on the Property encroach on other lands, or (2) that the Property is not contiguous to a
publicly dedicated right-of-way, or (3) any other facts that affect the marketability of the
Property, then any such facts shall constitute a title defect for purposes of Paragraph 5 below.
The survey conducted for the Buyer in August 2003 may be used to satisfy the requirements of
this section.
5. Title Evidence. Buyer may purchase at the Closing a fee title insurance policy
(hereinafter referred to as the "Policy") insuring Buyer as the fee simple owner of the Property in
the full amount of the Purchase Price for the Property; such Policy to be purchased from and
issued by Chicago Title Insurance Company or Fidelity National Title Insurance Company
(hereinafter referred to as the "Title Company") through its agent Rogers Towers. Within
( ) days after Seller's receipt of the Buyer's Notice, a commitment for such title insurance
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AGENDA ITEM #8B
JULY 24, 2006
policy shall be ordered by the Buyer (hereinafter referred to as the "Title Commitment"). The
title commitment shall cover the Option Parcel, shall be dated later than the date of the Buyer's
Notice, shall be in the full amount of the Purchase Price, and shall have attached to it legible
copies of all instruments described in said commitment. The Title Commitment must disclose
the title to be good, marketable and insurable, subject only to the Permitted Exceptions, as
defined below in this Agreement, unless otherwise agreed to in writing by Buyer. If either the
Survey or the Title Commitment reveals any encroachments, overlaps, easements, restrictions,
covenants, conditions or other title defects other than the Permitted Exceptions (hereinafter
referred to as the "Title Objections"), then Buyer, within ten (10) days after receipt of the Survey
and Title Commitment (whichever is received last), may notify Seller of the Title Objections.
Seller shall have a period of ten (10) days after receipt of notice of the Title Objections to cure
any such Title Objections. Seller shall have no duty to cure any Title Objections except that
Seller must cure liens or encumbrances evidencing monetary obligations of the Seller at or
before the Closing. If any such Title Objections, other than those that will be cured or satisfied
at the Closing, remain uncleared by Seller at the end of ten (10) days after Seller receives notice
of the Title Objections, then the Seller shall give Buyer written notice of Seller's failure to cure
all the Title Objections and describe with specificity in that notice the Title Objections which
remain uncured and those Title Objections which will be satisfied at the Closing. The Buyer
may then do one of the following as Buyer's sole remedy:
a. Accept the uncured Title Objections and require the Seller to deliver the
title to the Property at the Closing in its existing condition with no reduction in the Purchase
Price; or
b. Terminate this Agreement, whereupon this Agreement shall be
automatically terminated and all parties released from further obligation hereunder.
Buyer's decision either to accept the uncured Title Objections or to terminate this
Agreement shall be made within ten (10) days after the Buyer receives written notice from Seller
of the uncured Title Objections. Written notice of Buyer's decision shall be then given by Buyer
to Seller. The failure of Buyer to give Seller notice of termination within said ten (10) day
period shall be deemed to constitute an acceptance by Buyer of the uncured Title Objections that
then remain.
As used in this Agreement, the term "Permitted Exceptions" shall consist only of the
matters shown in Exhibit "C" hereto attached. However, should the Survey provided pursuant to
Paragraph 4 and the Title Commitment delivered pursuant to this Paragraph 5 determine that any
of the items described in Exhibit "C" do not touch or concern the Property then such item or
items shall be deleted from Exhibit "C" and shall not be an exception to title in the deed
delivered by the Seller to the Buyer at the Closing.
6. Proration of Property Taxes and Assessments. All real estate taxes and
assessments which are or which may become a lien against the Option Parcel shall be satisfied of
record by Seller at Closing. In the event the Buyer acquires fee title to the Option Parcel
between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida
Statutes, place in escrow with the tax collector an amount equal to the current taxes prorated to
the Closing Date, based upon the current assessment and millage rates on the Option Parcel. In
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AGENDA ITEM #8B
JULY 24, 2006
the event the Buyer acquires fee title to the Option Parcel on or after November 1, Seller shall
pay to the tax collector an amount equal to the taxes that are determined to be legally due and
payable by the tax collector
7. Closing Costs. The closing costs shall be paid as follows:
a. Buyer shall pay for the owner's title insurance policy (in the full amount
of the Purchase Price) and all related search and abstract fees, if any; the cost of the boundary
Survey, documentary deed stamps; all recording fees, Buyer's attorneys' fees; and the cost for
recording any curative title documents.
b. Seller shall pay for Seller's attorneys' fees.
8. Closing. The Closing of the purchase and sale of the Property will be held either
by wire transfer and overnight delivery utilizing the agent of the Title Company, or at the offices
of Rogers Towers, P.A., in Jacksonville, Florida, and shall take place on or before thirty (30)
days after Buyer's Notice or after all title defects are cleared or accepted pursuant to Paragraph 6
hereof, whichever occurs last (herein referred to as the "Closing Date"). The Buyer may elect to
close prior to the Closing Date by delivering notice of such election to the Seller three (3)
business days prior to the date on which the Buyer wants to close. In such an event, the date
specified in the Buyer's notice shall be deemed the Closing Date. Such an election by Buyer to
close early shall be deemed a waiver of all conditions precedent to the Closing.
a. The Purchase Price shall be paid in full by Buyer to Seller in cash at the
Closing, subject to any prorations.
b. Upon receipt of the Purchase Price, Seller shall convey title in and to the
Option Parcel to Buyer, or Buyer's nominee or assignee, by special warranty deed free and clear
of all liens and encumbrances except (i) the Permitted Exceptions; and (ii) such other exceptions
to title appearing in the Title Commitment which Buyer has approved or accepted as title
exceptions under the terms hereof.
c. At the Closing, the Seller shall furnish to Buyer (1) a seller's affidavit, in
form acceptable to the Title Company, sufficient to provide "GAP" coverage and to remove
standard printed exceptions to title in the Policy regarding (i) unrecorded matters (except general
real estate taxes not yet due and payable); (ii) parties in possession; and (iii) mechanic's liens;
and (2) a nonforeign affidavit as defined by Internal Revenue Code Section 1445 in form
reasonably acceptable to Buyer dealing with the subject matter of Section 1445 of the Internal
Revenue Code. The parties shall also execute such other closing documents as may be
reasonably necessary to consummate the transaction contemplated herein.
9. Possession. Possession of the Property will be delivered to Buyer at the Closing.
10. Default.
a. If Buyer defaults in its obligation to purchase of the Option Parcel in
accordance with the terms of this Agreement or otherwise defaults in its obligations hereunder
that are to be performed at or before the Closing, Seller's sole and only remedy against Buyer for
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AGENDA ITEM #8B
JULY 24, 2006
Buyer's default shall be to retain the Option Payment paid by Buyer as liquidated and agreed
upon damages. It is agreed by the parties that such amount is a fair and reasonable measure of
the damages to be suffered by Seller in the event of such default and that the exact amount
thereof is incapable of ascertainment. If the Buyer defaults in any of its obligations hereunder
that are to be performed after Closing, then the Seller shall have all remedies available at law or
in equity.
b. In the event Seller breaches its covenant to convey the Option Parcel to
Buyer or otherwise fails to perforin its obligations under this Agreement which are to be
performed at or prior to the Closing, in accordance with its terms, for any reason except for
Buyer's default, Buyer shall be entitled to one of the following as Buyer's sole remedy: (i)
telininate this Agreement, and receive a prompt and complete return of the Option Payment, or
(ii) seek and obtain specific performance of this Agreement, together with all costs and
attorney's fees.
11. Development Issues. In the event the Buyer exercises its Option and closes on the
purchase of the Option Parcel, the following telius and conditions shall be applicable to the
development of the Option Parcel and shall survive the Closing:
a. Prior to application for building permits and commencement of any
construction of any improvements by the Buyer on the Option Parcel or the Retained Property
including, without limitation the improvements and landscaping described below in this
paragraph 11, Seller must first review and approve all plans, specifications and site plans
therefore, which approval shall not be unreasonably withheld or delayed. Buyer acknowledges
that the aesthetic appearance of the Option Parcel and the Retained Property is important to the
Seller and will be taken into consideration by the Seller in its architectural review.
b. Buyer agrees to construct and maintain a stormwater retention pond on the
Option Parcel (hereinafter referred to as the "South Pond") that will provide stormwater retention
for the Retained Land and other real property. It is agreed that the Retained Land shall be
permitted to drain into both the South and East Ponds.
c. Buyer also agrees to install and maintain decorative fencing around the
South Pond around the north, west & east sides of the South Pond. Furthermore, in order to
provide a landscape buffer between (i) the Retained Land and the Option Parcel and (ii) the
commercial development to the south of the Retained Land and Option Parcel, Buyer agrees to
install and maintain additional landscaping along the south property line of the Option Parcel
pursuant to a landscape plan acceptable to Seller, subject to clearance requirements for the
existing sanitary sewer line and proposed storm water outlet pipe. Such landscape plan may
include but not be limited to oak trees and fast growing pine trees. All plant material reflected in
the landscape plan shall be permitted by, and comply with, all applicable governmental laws and
regulations. Buyer agrees to replace any plant material that dies, becomes diseased or otherwise
fails to thrive during the twelve (12) month period following installation.
d. Upon completion of the South Pond, Buyer agrees to purchase and install
lighting on the Retained land for purpose of lighting the southern edge of parking. Cost for
maintenance and operation of this lighting will be the Seller's responsibility.
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AGENDA ITEM #8B
JULY 24, 2006
e. Buyer agrees that upon completion of the South Pond and the erection of
the fencing around the same, the Seller be permitted to extend its landscape buffer into the
Option Parcel to allow moving proposed parking to the southern limit of the Retained Land as
long as a minimum 10 foot width maintenance berm is maintained.
f. Buyer agrees to construct a retention pond on the Retained Property
(hereinafter referred to as the "East Pond"). Seller will grant the Buyer a temporary construction
easement on the Retained Land for the purpose of constructing the East Pond. In connection
with the construction of the East Pond, Buyer will remove the drainage ditch located on Tract 1
depicted on Exhibit "A". Buyer agrees to replace any trees that are destroyed during the
construction of the South Pond and East Pond with tree replacements meeting the Protected Tree
Replacement criteria of City Code, not saplings. Trees removed for construction of the
stormwater ponds are excluded from this requirement.
g. Buyer agrees install and maintain decorative "spraying" fountains in both
the South and East Ponds. Seller agrees to pay for the electric service for the decorative
"spraying" fountain on the East Pond.
h. Buyer agrees to construct and pave entrances for ingress and egress to the
Retained Property on both sides of the East Pond. The entrance constructed on the south side of
the East Pond shall be constructed and paved to the South Pond's boundary line to provide
service access to the South Pond.
i. Buyer agrees to utilize the Option Parcel exclusively as a retention pond,
except that should the City receive grant funding from an entity requiring an education element,
the City may install a kiosk or other facility needed to satisfy the educational criteria of the
grant.. Buyer will not use the Option Parcel for any other purpose, including but not limited to,
storage of equipment, staging area for Buyer's materials, and removal of trees. However, the
Buyer may keep construction equipment on the Option Parcel while it is constructing the South
Pond.
j. Buyer agrees to maintain the current state of the Property prior to the
construction of the South and East Ponds.
k. Buyer represents and warrants that the construction and maintenance of
the South and East Ponds will be of sufficient size to provide sufficient stormwater retention for
the Retained Property so long as the Retain Property is developed in compliance with all
applicable governmental laws, rules and regulations. (i.e., up to 50% impervious surface area on
the Retained Land). Seller will be allowed to route stormwater from future on-site development
into either south or east pond as needed for collection system efficiency.
1. Seller agrees to provide, at no additional cost to the Buyer, a perpetual
access / utility easement for maintenance of storm sewer piping and components installed on
Seller's property.
m. As provided above the plans and specifications for all improvements and
landscaping described in the paragraph 11 must be reviewed and approved by the Seller, which
approval shall not be unreasonably withheld. Seller agrees that it shall either approve or
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AGENDA ITEM #8B
JULY 24, 2006
disapprove all plans, specifications and site plans proposed by the Buyer within ten (10) business
days of Seller's receipt of same. Any disapproval by the Seller shall be done in writing and shall
be accompanied by specific objections. Failure of the Seller to disapprove any plans,
specifications or site plan within ten (10) business days after Seller's receipt of same shall be
deemed an approval of same by the Seller
12. .Representations and Disclosures by Seller. Seller hereby represents and warrants
to Buyer, which representations and warranties shall remain true through the Closing Date:
a. There are no violations of any federal, state or local law, ordinance, rule,
regulation, statute or governmental code or ordinance affecting the Option Parcel of which the
Seller or any of its agents have knowledge.
b. There is no known litigation or administrative proceeding, including any
condemnation or eminent domain proceeding, pending, or to the best of Seller's knowledge,
threatened, which affects the Option Parcel or any portion thereof.
c. The Seller is a not for profit corporation duly organized and validly
existing and in good standing under the laws of the State of Florida; the individual executing this
Agreement on behalf of the Seller corporation is the duly elected, qualified and acting officer as
indicated; and the execution of this Agreement by said individual is authorized by and binding
on Seller.
d. There are no leases, rights of first refusal, options or other contracts
affecting the Option Parcel which are not referred to in this Agreement and, during the term of
this Agreement, Seller shall not enter into any lease, right of first refusal, option or other contract
affecting the Option Parcel without Buyer's prior written consent.
e. To the best of Seller's actual knowledge and except as may be otherwise
disclosed in any environmental report(s) delivered to, or made available to, Buyer pursuant to
Paragraph 3 hereof, no hazardous or toxic materials are present in, on or under the Option Parcel
and the Option Parcel has never been used by Seller or any entity for the unlawful storage,
handling, manufacture, transportation, or use of hazardous materials. As used herein, "hazardous
or toxic materials" shall include any and all materials or substances which are regulated by, or
the presence of which could give rise to liability for an owner of Option Parcel for removal or
cleanup, under any federal, state, or local law, statute, rule, regulation or ordinance.
Seller agrees to notify the Buyer promptly if any representation or warranty made in this
Paragraph 12 becomes untrue prior to the Closing.
13. AS -IS SALE. BUYER ACKNOWLEDGES THAT, EXCEPT FOR SELLER'S
EXPRESS COVENANTS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS
AGREEMENT AND/OR IN THE DOCUMENTS TO BE EXECUTED AND DELIVERED BY
SELLER AT THE CLOSING, BUYER IS FULLY RELYING ON BUYER'S (OR BUYER'S
REPRESENTATIVES') INSPECTIONS, EXAMINATIONS AND EVALUATIONS OF THE
OPTION PARCEL AND NOT UPON ANY STATEMENTS (ORAL OR WRITTEN) WHICH
MAY HAVE BEEN MADE OR MAY BE MADE (OR PURPORTEDLY MADE) BY SELLER
OR ANY OF ITS REPRESENTATIVES, AGENTS OR ATTORNEYS. WITHOUT LIMITING
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AGENDA ITEM #8B
JULY 24, 2006
THE EFFECTIVENESS OF SELLER'S EXPRESS COVENANTS, REPRESENTATIONS
AND WARRANTIES SET FORTH IN THIS AGREEMENT AND/OR IN THE DOCUMENTS
TO BE EXECUTED AND DELIVERED BY SELLER AT THE CLOSING, BUYER
ACKNOWLEDGES THAT BUYER HAS (OR BUYER'S REPRESENTATIVES HAVE), OR
PRIOR TO THE CLOSING DATE WILL HAVE, THOROUGHLY INSPECTED AND
EXAMINED THE OPTION PARCEL TO THE EXTENT DEEMED NECESSARY BY
BUYER IN ORDER TO ENABLE BUYER TO EVALUATE THE CONDITION OF THE
OPTION PARCEL AND ALL OTHER ASPECTS OF THE OPTION PARCEL (INCLUDING,
BUT NOT LIMITED TO, THE ENVIRONMENTAL CONDITION OF THE OPTION
PARCEL), AND BUYER ACKNOWLEDGES THAT, EXCEPT FOR SELLER'S EXPRESS
COVENANTS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS
AGREEMENT AND/OR IN THE DOCUMENTS TO BE EXECUTED AND DELIVERED BY
SELLER AT THE CLOSING, BUYER IS RELYING SOLELY UPON ITS OWN (OR ITS
REPRESENTATIVES') INSPECTION, EXAMINATION AND EVALUATION OF THE
OPTION PARCEL AND IS QUALIFIED TO MAKE SUCH INSPECTION, EXAMINATION
AND EVALUATION. AS A MATERIAL PART OF THE CONSIDERATION OF THIS
AGREEMENT AND THE PURCHASE OF THE OPTION PARCEL, BUYER HEREBY
AGREES TO ACCEPT THE OPTION PARCEL ON THE CLOSING DATE IN ITS "AS IS,
WHERE IS" CONDITION, WITH ALL FAULTS AND, EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS AGREEMENT AND/OR IN THE DOCUMENTS TO BE
EXECUTED AND DELIVERED BY SELLER AT THE CLOSING, WITHOUT
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR
ARISING BY OPERATION OF LAW. WITHOUT IN ANY WAY LIMITING THE
GENERALITY OF THE FOREGOING, THE PARTIES AGREE THAT, EXCEPT FOR
SELLER'S EXPRESS COVENANTS, REPRESENTATIONS AND WARRANTIES SET
FORTH IN THIS AGREEMENT AND/OR IN THE DOCUMENTS TO BE EXECUTED AND
DELIVERED BY SELLER AT THE CLOSING, THE SALE OF THE OPTION PARCEL IS
WITHOUT ANY WARRANTY, AND THAT SELLER HAS MADE NO, AND EXPRESSLY
AND SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, GUARANTIES
OR WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW OR
RELATING TO THE OPTION PARCEL, INCLUDING, WITHOUT LIMITATION, OF OR
RELATING TO: (A) THE OWNERSHIP, USE, INCOME, POTENTIAL, EXPENSES,
OPERATION, CHARACTERISTICS OR CONDITION OF THE OPTION PARCEL OR ANY
PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
SUITABILITY, HABITABILITY, MERCHANTABILITY, DESIGN OR FITNESS FOR ANY
SPECIFIC PURPOSE OR A PARTICULAR PURPOSE; (B) THE NATURE, MANNER, OR
CONDITION (PHYSICAL, STRUCTURAL OR OTHERWISE) OF THE OPTION PARCEL,
OR THE SURFACE OR SUBSURFACE THEREOF, WHETHER OR NOT OBVIOUS,
VISIBLE OR APPARENT; (C) THE ENVIRONMENTAL CONDITION OF THE OPTION
PARCEL AND THE PRESENCE OR ABSENCE OF OR CONTAMINATION BY
HAZARDOUS MATERIALS, OR THE COMPLIANCE OF THE OPTION PARCEL WITH
ALL REGULATIONS OR LAWS PERTAINING TO HEALTH OR THE ENVIRONMENT,
INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS; AND (D) THE SOIL
CONDITIONS, DRAINAGE, FLOODING CHARACTERISTICS, UTILITIES OR OTHER
CONDITIONS EXISTING IN, ON OR UNDER THE OPTION PARCEL. THE PROVISIONS
OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OR EARLIER TERMINATION
JAX\1016973_2
-8-
AGENDA ITEM #8B
OF THIS AGREEMENT. JULY 24, 2006
Furthermore, except for any claim the Buyer may have as a result of the breach by the
Seller of any express representation or warranty of Seller set forth herein, Buyer does hereby
release and forever discharge Seller, its directors, shareholders, officers, employees, legal
representatives, agents and assigns, from any and all actions, causes of action, claims and
demands for, upon or by reason of any damage, loss or injury which heretofore have been or
which hereafter may be sustained by Buyer resulting from or arising out of the presence of
any hazardous materials or other environmental contamination on or in the vicinity of the
Option Parcel, including the soil and/or groundwater (hereinafter referred to as the "Claims").
BUYER EXPRESSLY WAIVES, WITHOUT LIMITATION, ANY CLAIMS FOR
CONTRIBUTION UNDER THE FEDERAL COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, UNLESS
RESULTING FROM THE ACTS OR OMISSIONS OF SELLER, DURING ITS PERIOD OF
OWNERSHIP OF THE OPTION PARCEL (AND NOT CAUSED BY THE BUYER
FOLLOWING THE CLOSING). This release applies to all such Claims whether the actions
causing the presence of hazardous materials on or in the vicinity of the Option Parcel occurred
before or after the Closing. This release extends and applies to, and also covers and includes, all
statutory or common law Claims the Buyer may have against the Seller. The provisions of any
State, Federal, or Local law or statute providing in substance that releases shall not extend to
claims, demands, injuries or damages which are unknown or unsuspected to exist at the time, to
the person executing such release, are hereby expressly waived.
14. Real Estate Commission.
a. Seller represents and warrants to Buyer that there are no real estate
brokers, salesmen, finders or any other persons or entities involved in this transaction that may
claim a commission, finder's fee or other fee. Seller agrees to indemnify and hold Buyer
harmless from any and all liability, loss, damages and expenses, including reasonable attorney's
fees, that Buyer may incur by reason of, resulting from or arising out of any claim of any broker,
salesman, finder or other person or entity claiming a commission, finder's fee or other fee by,
through or under Seller. Further, in the event any broker, salesman, finder or other person or
entity claiming a real estate commission fee in connection with this transaction by, through or
under Seller files a suit naming Buyer as a defendant, Seller agrees, at its costs and expense, to
defend any such suit or action naming Buyer as_ adefendant.
b. Buyer represents and warrants to Seller that there are no real estate
brokers, salesmen, finders or any other persons or entities involved in this transaction that may
have a claim for a commission, finder's fee or other fee as a result of having dealt with the
Buyer. Buyer agrees to indemnify and hold Seller harmless from any and all liability, loss,
damages and expenses, including attorneys' reasonable fees, that Seller may incur by reason of,
resulting from or arising out of any claim of a real estate broker, salesman, finder or other person
or entity, claiming a real estate commission, finder's fee or other fee, by, through or under
Buyer, except the Broker. Furthermore, in the event any other broker, salesman, finder, or other
person or entity, claiming a real estate commission or fee in connection with this transaction by,
through or under Buyer files a suit naming Seller as a defendant, Buyer agrees, at its cost and
expense to defend any such suit or action naming Seller as a defendant.
JAX\1016973_2
-9-
AGENDA ITEM #8B
JULY 24, 2006
15. Condemnation. If at any time prior to the Closing, the Option Parcel or any
portion thereof is taken by eminent domain or if any preliminary steps in any taking by eminent
domain of the Option Parcel, or any portion thereof occurs and if Buyer, in its reasonable
judgment, determines that such actual or threatened taking would render the Option Parcel
unsuitable to Buyer's intended use of the Option Parcel, the Buyer may, at its option, either at the
Closing or on the 10th business day after receipt of notice or knowledge of such actual or
threatened taking (whichever first occurs), rescind this Agreement and upon such rescission all
rights and liabilities arising hereunder shall terminate. Seller shall notify Buyer in writing of any
such taking and all steps preliminary thereto as soon as the Seller becomes aware of the same. If
Buyer does not elect to so rescind this Agreement, the same shall remain in full force and effect
and Seller shall in such event turn over or credit to Buyer at the Closing all monies received by
Seller by reason of such taking (less Seller's cost and fees incurred in obtaining the award) and
Seller shall assign to Buyer all its right, title and interest in and to any awards that may be made
for such taking and any additional money that may be payable thereunder.
16. Assignment; Successors and Assigns. The covenants herein contained shall bind
and the benefits and advantages shall inure to the respective successors and assigns of the parties
hereto. Buyer may not assign its interest in this Agreement without Seller's consent, which
consent Seller may withhold in its sole and absolute discretion.
17. Applicable Law and Venue. This Agreement is to be construed and enforced
according to the laws of the State of Florida. Seller and Buyer agree that the proper venue with
respect to any litigation in connection with this Agreement shall be Duval County, Florida.
18. Notices. All notices herein required shall be in writing. Whenever any notice,
demand or request is required or permitted hereunder, such notice, demand or request shall be
hand -delivered personally, sent by express mail or courier service, or sent by facsimile
transmission (with originals sent by regular mail) to the addresses and facsimile numbers set
forth below:
As to Seller:
with a copy to:
JAX\1016973_2
Sunrise Community Evangelical Free Church, Inc.
288 Aquatic Drive
Atlantic Beach, FL 32233
Attn:
Fax: (904)
Phone: (904)
Rogers Towers, P.A.
1301 Riverplace Boulevard, Suite 1500
Jacksonville, FL 32207
Attn: Anthony A. Anderson, Esquire
Fax: (904) 396-0663
Phone: (904) 346-5504
e-mail: aanderson@rtlaw.com
-10-
As to Buyer:
As to Escrow Agent:
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Attn:
Fax: (904) 247-5805
Phone: (904) 247-5800
Rogers Towers, P.A.
1301 Riverplace Blvd., Suite 1500
Jacksonville, Florida 32207
Attn: Anthony A. Anderson, Esquire
Phone: (904) 346-5504
Fax: (904) 396-0663
AGENDA ITEM #8B
JULY 24, 2006
Any notice or demand to be given hereunder shall be deemed sufficiently given for all purposes
hereunder (1) at the time such notices or demands are hand -delivered or sent by facsimile
transmission, or (2) one day after depositing any such notice or demand with any express mail or
other overnight courier service. Any party hereto may change its address by notice in writing to
the other parties in the manner herein provided.
19. Time of Essence. TIME IS OF THE ESSENCE of this Agreement. If the last day
for the performance of any obligation set forth herein should fall on a day other than a "Business
Day" (as defined below), then the time period for performing such obligation shall be extended
until the next Business Day. However, such extension shall not operate to extend any other
deadlines or time periods established hereunder. For purposes of this Agreement, the term
"Business Day" shall mean any day other than a Saturday, Sunday or any day on which
' commercial banks are authorized to close under the laws of the State of Florida.
20. No Recording of Contract. Seller and Buyer each agree not to place this
Agreement of record.
21. Survival of Representations and Warranties. All representations, warranties and
covenants contained herein or otherwise made in writing in connection herewith shall survive the
Closing and the execution and delivery of the warranty deed.
22. Judicial Interpretation. Should any of the provisions of this Agreement require
judicial interpretation, the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the party who itself or
through its agents prepared the same, it being agreed that the agents of all parties have
participated in the preparation hereof.
23. Entire Agreement. This Agreement contains all of the agreements,
representations and warranties of the parties hereto and supersedes all other discussions,
understandings or agreements in respect to the subject matter hereof. All prior discussions,
JAX\1016973_2
-11-
AGENDA ITEM #3B
JULY 24, 2006
understandings and agreements are merged into this Agreement, which alone fully and
completely expresses the agreements and understandings of the parties hereto. This Agreement
may be amended, superseded, extended or modified only by an instrument in writing referring
hereto signed by all parties.
24. No Benefit to Other Parties. Except as otherwise provided herein, none of the
provisions hereof shall inure to the benefit of any party other than the parties hereto and their
respective successors and permitted assigns, or be deemed to create any rights, benefits or
privileges in favor of any other party except the parties hereto.
25. No Agency, Partnership or Joint Venture. Nothing herein shall be construed to
establish an agency relationship between Seller and Buyer for any purpose.
26. Headings. The captions and headings contained in this Agreement are for
reference purposes only and shall not in any way effect the meaning or interpretation hereof.
27. Waiver. No waiver of any provision of this Agreement shall be effective unless
such waiver is contained in a document and signed by the party against whom such waiver is
being enforced and no party shall be estopped to enforce this Agreement. The waiver by one
party of the performance of any covenant or condition herein shall not invalidate this Agreement,
nor shall it be considered to be a waiver by such party of any other covenant or condition herein.
The waiver by either or both parties of the time for performing any act shall not constitute a
waiver at the time for performing any other act or an identical act required to be performed at a
later time. The exercise of any remedy provided by law in the provisions of this Agreement shall
not exclude other remedies unless they are expressly excluded.
28. Attorneys' Fees. In connection with any litigation brought to enforce or interrupt
this Agreement, before or after the Closing, the prevailing party shall be entitled to recover all
costs therein incurred including reasonable attorneys' fees at trial and on appeal.
29. Waiver of Jury Trial. BUYER AND SELLER, JOINTLY AND SEVERALLY,
HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT
EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED
HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN
CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS, WHETHER VERBAL OR WRITTEN, OR ACTIONS OF EITHER PARTY.
30. Counterparts. This Agreement may be executed by the parties hereto individually
or in combination, in one or more counterparts, each of which shall be an original and all of
which will constitute one and the same Agreement.
31. Effective Date. The Effective Date of this Agreement shall be the upon which the
Agreement, fully executed by Seller and Buyer has been received by Buyer.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day set
forth below.
JAX\1016973_2
-12-
Signed, sealed and delivered "SELLER"
in the presence of:
Print Name:
Print Name:
Print Name:
Print Name:
JAX\1016973_2
AGENDA ITEM #8B
JULY 24, 2006
SUNRISE COMMUNITY EVANGELICAL
FREE CHURCH, INC., a Florida corporation
By:
Name:
Its:
DATE;
"BUYER"
CITY OF ATLANTIC BEACH, a Florida
corporation
By:
Name:
Its:
DATE:
-13-
JAX\1016973_2
Exhibit "A"
-14-
AGENDA ITEM #8B
JULY 24, 2006
JAX\1016973_2
Exhibit "B"
Wire Instructions
-15-
AGENDA ITEM #8B
JULY 24, 2006
AGENDA ITEM #8B
JULY 24, 2006
Exhibit "C"
Permitted Exceptions
1. Covenants and Restrictions as recorded in Deed Book 1036, page 99; and in Deed
Book 1082, page 222, of the public records of Duval County, Florida, which have not been
violated to date, and a future violation thereof will not result in a forfeiture or reversion of title.
2. Grant of Easement recorded in Official Records Volume 5626, page 347, of the
public records of Duval County, Florida, which has not been violated to date, and a future
violation thereof will not result in a forfeiture or reversion of title.
3. Agreement as recorded in Official Records Volume 5626, page 349, of the public
records of Duval County, Florida, which has not been violated to date, and a future violation
thereof will not result in a forfeiture or reversion of title.
4. Dedications, easements, reservations and restrictions as shown on the Plat of
Aquatic Gardens, recorded in Plat Book 38, pages 71 and 71A, Current Public Records of Duval
County, Florida.
5. Recorded subdivision plat shows Easement(s): 15 foot drainage, utility, and sewer
easement along the Northerly lot line.
6. Restrictions, reservations, covenants and conditions pursuant to that certain
Declaration recorded in Official Records Book 5993, page 2030, Current Public Records of
Duval County, Florida.
7. Easement granted and recorded in Official Records Book 6327, page 342, Current
Public Records of Duval County, Florida. (Released in Official Records Book 9268, Page 2246)
8. Easement granted and recorded in Official Records Book 5907, page 197, Current
Public Records of Duval County, Florida. (Released in Official Records Book 9268, Page 2247)
9. Declaration of Easements and Maintenance and Use Agreement recorded in
Official Records Book 5980, page 617, Current Public Records of Duval County. (Released in
Official Records Book 9268, Page 2248)
10. Easement granted and recorded in Official Records Book 6393, page 954, Current
Public Records of Duval County, Florida. (Released in Official Records Book 9268, Page 2245)
11. Drainage Easement as recorded in Official Records Book 5884, page 1242, as re-
recorded in Official Records Book 5891, page 346, Duval County records.
12. Utility Easement as recorded in Official Records Book 5884, page 1250, Duval
County records.
13. Easement reserved over the Westerly 30 feet of caption property as contained in
instrument recorded in Official Records Book 5604, page 1689, Duval County records.
JAX\1016973 2
-16-
LAMPE, ROY ASSOCIATES, INC.
APPRAISERS - CONSULTANTS ^�
4440 MERRIMAC AVENUE
JACKSONVILLE. FLORIDA 32210
(904) 388-7020
FAX '(904) 388.9298
April 27, 2006
Mr. Ricky L. Carper, P. E.
Director of Public 'Works/City ' Engineers
City, of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
Re:
AGENDA ITEM #8B
JULY 24, 2006
Appraisal of Potential Hopkins Creek
Retention Pond, A Two Acre Tract
Located on the West Side of Aquatic
Drive, Atlantic Beach, Duval County,
Florida; Our File No. 3 870
Dear Mr. Carper:
This is in response to your request for an appraisal of the above referenced property. The
subject of this appraisal analysis .is. Sunrise Community Evangelical Free Church, Inc.,
located at 298 Aquatic Drive, Atlantic Beach, Duval County, Florida. A detailed discussion
of the subject will be found in later sections of this appraisal report.
The following narrative report contains data gathered during our investigation of tiie subject
property. This is to certify that we have no interest, contingent or otherwise, in this proper �y
and the fee for formulating our opinion of value is, in no way, contingent upon our value
conclusions or final value estimates. Furtherniore, the value conclusions and final value
estimates reflected herein are not based upon minimum valuations, specific valuations or
directed outcomes.
Value estimates are subject to the definition of Market Value as set forth in this report, as
well as the General Assumptions and Limiting Conditions contained in the Addendum of this
report. To the best of our knowledge, this report complies with the Uniform Standards of
Professional Appraisal Practice (USPAP) as adopted by the Appraisal Standards Board of the
Appraisal Foundation, the State of Florida and the Appraisal Institute.
After carefully studying and analyzing the data available as of the Date of Value, it is our
opinion, the Market Value of the subject as of Date of Value, was April 26, 2006.
AGENDA ITEM #3B
JULY 24, 2006
LAMPE, ROY ASSOCIATES, INC.
APPRAISERS CONSULTANTS
Mr. Ricky L. Carper, P. E.
April 27, 2006
Page Two
Land $860,000
Improvements $0
Total $860,000
Damages, Incurable $0
Net Cost to Cure $0
Total Compensation $860,000
Mr. Carper, we trust the enclosed information is of sufficient detail so as to clearly explain
and document our estimated value conclusions. However, if any additional: information
pertaining to this analysis is needed, or if we might be of any further assistance to you in this
matter, please do not hesitate to call on us.
Respectfully Submitted,
LAMPE� ROY & ASSOCIATES, INC.
Michael C.. Roy,; `MAI, SRA
State Certified General Real
Estate Appraiser No. RZ140
/hlb
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
AGENDA ITEM #8C
JULY 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Hopkins Creek - Final Design Services
Rick Carper, P.E., Public Works Director/6C--
July
irector/6GJuly 13, 2006
City efforts to acquire the parcel required for construction of the
Hopkins Creek Regional Retention Facility are nearing fruition. In
April 2003, Camp, Dresser & McKee, Inc. (CDM) was chosen as
the Hopkins Creek Design Consultant following RFP evaluation.
CDM submitted the Preliminary Design Report and 30%
Engineering Design to the City in November 2CO3 under a Scope of
Services negotiated in June 2003.
This report is a request to enter into an agreement with CDM to
complete the Design of the Hopkins Creek Facility and to provide
Construction Engineering & Inspection services during actual
construction of the pond.
BUDGET: The FY2006 Stormwater Capital Account (470-0000-538-6300) has
$1,300,000 budgeted for construction of the Hopkins Creek Pond
(Project PW0309). CDM's budget for the project is $128,792. This
is a not too exceed cost figure.
RECOMMENDATION: Authorize the City Manager to execute the agreement with
CDM for final design of the Hopkins Creek Regional Retention
Facility, for construction engineering services and for grant
application assistance during the design and construction phases.
ATTACHMENTS: 1. CDM Budget Proposal
2. CDM Hopkins Creek Regional Stormwater Facility Design
and Permitting Scope of Services
REVIEWED BY CITY MANAGER:
July 24, 2006 Regular Meeting
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ENGINEER'S Services
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
This is EXHIBIT A, consisting of 11 pages, referred to in and
Part of the Agreement between OWNER and ENGINEER for
Professional Services dated
Initial:
OWNER
ENGINEER
Article 1 of the Agreement is amended and supplemented to include the following agreement of
the parties. ENGINEER shall provide Basic and Additional Services as set forth below.
I. Background and Purpose
In 2002, CDM updated the City of Atlantic Beach Stoimwater Master Plan (SWMP) and
recommended the construction of a stormwater regional facility to reduce flooding problems in
the Hopkins Creek watershed. Problems on Aquatic Drive, Forrestal Road, and Cavalla Road
range from nuisance road to home flooding. As part of the SWMP Update, CDM identified a
site for the construction of 6.5 -acre stormwater facility that was phased into three distinct
projects. Phase I (this project) consists of the construction of a 1.7 -acre facility, as shown on
Figure 1. CDM will provide the following services to assist the City of Atlantic Beach (City) in
designing and permitting Phase I of the Hopkins Creek facility.
The project scope consists of generating the preliminary design report, survey, geotechnical
exploration, wetland determination, environmental assessment, permitting, and development
of construction plans and specifications. The specific tasks to perform the work are as follows:
II. Scope of Services
CDM intends to use Ghiotto & Associates as part of its project team to collect the survey,
Geoengineering and Testing (GTI) for geotechnical services, Environmental Resource Solutions
(ERS) for the wetlands Environmental Resource Permit (ERP) support services, and Aerostar
Environmental Services Inc. (Aerostar) for a Phase 1 Environmental Site Assessment for the
parcel.
The CDM team shall complete the following tasks:
Task 1— Preliminary Design Report
CDM will use the Hopkins Creek primary stormwater management system (PSWMS) RUNOFF
and EXTRAN hydrologic/hydraulic models developed for the SWMP (and as modified for the
SWMP Update) and modify the models as necessary. These revisions, as determined by CDM,
will be based on latest available topographical survey. CDM will prepare two refined
alternatives for the detention area in the selected 1.7 -acre area in various configurations. The
alternatives will identify new conveyance systems to the proposed detention area and
modification of existing conveyance systems.
Pagel of l l
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
CDM will calculate the "live" and peimanent detention pool volumes for the regional detention
pond to quantify the treatment provided (ac -ft and inches) for the watershed. The model results
will be presented in tabular form for peak stages in the PSWMS and peak flows at the outfall.
These tables will be used as the supporting documentation for the permit application package
to be submitted to SJRWMD as described in Task 6 below.
Task 2 — Survey Services
CDM will coordinate the work to be completed by the subconsultant under this task. The
subconsultant will collect the topographic and utility survey information necessary to design
the proposed improvements defined in this task. The survey services will include a boundary
survey with legal description for the parcel to construct the proposed regional stormwater
facility and topographic information as 1 -ft contours of the acquired parcel(s) for design and
preparation of construction plans.
The subconsultant will contact utility companies to obtain utility locations. The utility location,
both horizontal and vertical, shall be surveyed by the utility owner and shown in the
construction plans.
The survey will establish a State Plane Coordinate NAD 83/1990 baseline for horizontal and
NGVD 1929 for vertical control, cross sections, wetlands flagging, soil borings location, soft digs
to locate potential utilities conflicts, and invert elevations of utilities within the project area. The
survey services will also include a depiction on the construction plans of existing rights-of-way
and easements.
The following survey work will be provided by the subconsultant:
• Tree survey to Atlantic Beach requirements (locate trees greater than 6 inches at breast
height).
• Research and acquire horizontal and vertical control near the project and deeds for property
owners along the project including existing easements or right-of-ways.
• Establish State Plane Coordinate control at the project by GPS methodology for three points
using City of Atlantic Beach, r'llOT, and/or Jacksonville monumentation.
• Locate and map up to 10 soil borings within the project area.
• If necessary, locate and map up to 1,000 linear feet of jurisdictional wetland flagging placed
by ERS.
• Horizontal and vertical verification of existing underground utilities, where potential
conflicts exist in the proposed design. Four soft digs are estimated for budget purposes.
• Project documents will be produced and- submitted to the City in AutoCAD 2000 and
Microsoft Word.
Page 2 of 11
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
• Right -of -Way maps and Topographic Survey will be delivered on 24"x36" sheets at 1"=40'
scale showing parcel data, plotted line work, baseline of survey and monumentation.
Task 3 — Phase I Environmental Site Assessment
Aerostar will provide a Phase I Environmental Site Assessment (ESA) for the regional
stonutwater facility parcel. The Phase I ESA will be performed by Aerostar in compliance with
the American Society for Testing and Materials (ASTM) specifications developed for performing
ESAs (E-1527-00, 2000). ASTM E-1527-00 segregates the ESA process into four sections. The
efforts to be completed under this task are defined by the following subtasks:
Task 3.1 Records Review
Principal elements of this part of the ESA will be performed by Aerostar to determine if there
are environmental conditions associated with the site and surrounding area, which are the
subject of regulatory agency actions, and to evaluate the history of the ESA site.
Evaluating the environmental status of the site with respect to regulatory actions will be
completed by Aerostar by reviewing infoiulation contained in agency databases, and by
reviewing files maintained by local office of the Florida Department of Environmental
Protection (1 -DEP), City of Jacksonville, and the City of Atlantic Beach. DataMap Technology
Corporation (DataMap) or EDR are companies that routinely perform database searches.
Aerostar will provide the site location and the search radius. The minimum search radius will
be one mile in accordance with ASTM standards. The databases for the following will be
searched:
• National Priorities List (NPL)
■ Comprehensive Environmental Response, Compensation, and Liability Information System
(CERCLIS)
■ Resource Conservation and Recovery Information System (RCRIS)-Treatment, Storage, or
Disposal Facility (TSD)
■ Resource Conservation and Recovery Information System (RCRIS)-Generators (GEN)
• State Hazardous Waste Sites (SHWS)
• Solid Waste Landfills (SWL)
• Leaking Underground Storage Tanks (LUST)
• Registered Underground Storage Tanks (RUST)
• Emergency Response Notification System (ERNS)
Information regarding the stormwater facility site and adjacent parcels identified in the
database search will be confirmed by reviewing files maintained by FDEP, City of Jacksonville,
Page 3 of 11
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
and City of Atlantic Beach. File searches will be conducted after an initial reconnaissance of the
site and surrounding area and facilities in the vicinity of the ESA site are identified.
Historical aerial photographs of the site and adjacent areas will be provided, obtained, and
examined to evaluate the history of the site. In addition to the obvious changes of the property
such as land use and/or development, more subtle features such as disturbances of the land,
significant discharges of pollutants, and the general effects of site use and operations will be
interpreted from historical aerial photographs. Large-scale aerial photographs from the 1940s
are available from the City of Jacksonville.
Task 3.2 Site Reconnaissance
The main objective of the site reconnaissance is to identify environmental conditions associated
with the current and historical uses of the property and potential off-site conditions which
could affect the subject properties. Aerostar will perform the site inspection in a phased
approach. The first phase will. be a preliminary inspection performed after results of the
database search are reviewed. This preliminary inspection will be used to confirm results of the
database search, identify potential offsite sources of contamination and to identify physical
features in the vicinity of the site such as drainage features. Utility services, such as water and
sewer service, and dates of connection will also be identified.
The second phase of the site inspection will be performed by Aerostar after completion of the
record review/ historical evaluation of the property and actual and/or potential environmental
conditions, including stained soil, stressed vegetation and sheen/discoloration of surface water
will be identified. Condition of surrounding areas will also be visually examined. Site
boundaries that are visible from the subject parcel will be examined. General housekeeping
practices of the operations on neighboring parcels will be noted.
Task 3.3 Interviews
Reasonable and practical efforts will be made to speak with those people who are
knowledgeable about the site and its history (e.g., site owners). In order to ensure that
information obtained from interviews is reliable, the same questions are typically asked of more
than one interviewee. Information provided in interviews will be, if possible, confirmed by
reviewing written documentation.
Prior to the interviewing process, most of the historical information regarding the site has been
reviewed. The person being interviewed will be asked about the person's knowledge of the
history of the site, operations and personal knowledge of potential environmental conditions.
The person may also be queried on information contained in agency files. There is no set
requirement for conducting an interview; however, reasonable attempts will be made to obtain
as much reliable information as possible without the interview being perceived as an
adversarial interrogation.
Task 3.4 Report
The Phase I ESA report will be prepared following the foimat recommended in ASTM E-1527-
00. Prior to finalization of the report and at the request of the City of Atlantic Beach, associated
costs for additional services for any environmental unsafe parcels (Phase II) investigations will
Page 4 of 11
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
be provided. A Phase II ESA report (if necessary) will be additional services to this Scope of
Services.
Task 4 — Geotechnical Data
CDM will coordinate the work to be completed by the subconsultant. The work to be completed
by the geotechnical subconsultant is defined below.
Task 4.1 Subsurface Investigations
Based on the proposed design, the geotechnical program shown in Table 1 is recommended.
E-
t cam, .. :t•� {- 3--'-t3F` �'� %` '`
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Hurnber /Ti" ea) f'Borings-
tPeptfi Below Ground4
- Prn osed Strichures
�,� l�m�provemep� f �
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Surface fee
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1.7 -Acre Detention Pond Site
10 Augers
5 Field Permeabilities
2 Muck probes
30
The auger borings will be drilled by the subconsultant using a 4 -inch diameter truckmounted
continuous flight auger or a 3 -inch diameter hand bucket auger. Each sample will be removed
from the auger in the field and then examined and visually classified by the crew chief. Water
level observations will be made in the boreholes during the drilling operation. The boreholes
will be backfilled with soil cuttings upon completion.
Hand probes (muck probes) will be conducted by the subconsultant at the proposed inflow and
outflow structure locations to preliminarily measure the depth of soft organic soils. These
probes are performed by hand -pushing 1/2 -inch diameter steel pipe into the ground until
penetration is refused. The depth is recorded as the estimated depth of soft sediment/muck.
Additionally, the field permeability tests will include installing a solid -walled PVC casing,
snugly fit, into a 4 -inch diameter auger borehole. The depth of the tests will depend on the
anticipated depth of the pond. The bottom of the pipe will be open and raised 1 foot above the
bottom of the boring. The bottom 1 foot of the boring will be gravel -packed. The tests will be
run as "constant head" tests by maintaining the water level in the casing at the top of the casing.
If relatively high permeability soils are present, the tests will be run as "falling head" tests in
which the rate of water drop within the casing will be measured.
Task 4.2 Laboratory Testing
Routine laboratory visual classification will be performed by Aerostar, along with specific tests
deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents). The soils
encountered will be classified in accordance with the AASHTO Soil Classification System
and/or the Unified Soil Classification System (USCS). Series corrosion tests will be conducted to
determine the environmental classification for substructures.
Page 5 of 11
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #SC
JULY 24, 2006
Exhibit A
Task 4.3 Geotechnical Analysis and Report
The subconsultant will analyze the collected data to evaluate general subsurface conditions and
provide engineering recommendations to guide site preparation and earthwork construction.
Soil permeabilities and pond geotechnical design parameters will be provided. The report will
state whether any unsuitable soil types such as organic muck, rock, or hardpan soils are present.
In addition, Aerostar will provide an estimate of the seasonal high groundwater levels and
saturated hydraulic conductivities at the boring locations. Two copies of the report will be
provided, along with separate copies of our soil boring profiles for inclusion on the plan cross
sections.
Task 5 — Construction Documents
CDM will prepare construction documents for the regional detention facility and the inflow and
outflow structures.
Task 5.1 Construction Plans and Specifications
CDM will prepare plans and specifications for the construction of the proposed regional
detention pond and the inflow and outflow structures.
Construction plans and specifications shall conform to FL)OT (as applicable) design criteria,
including clear zone requirements and format. CDM will prepare 11 -inch by 17 -inch plans (1
inch = 40 feet). CDM will work with City staff to develop the layout plan for the proposed
improvements within the parcel to the extent possible without impacting adjacent properties
and/or identified utilities.
CDM will submit 50, 90 and 100 percent plans to the City for review. This task includes three
review meetings with City staff at 50, 90 and 100 percent design milestones. CDM will prepare
an opinion of the construction cost of the proposed improvements (Task 5.2 below) at the 50, 90
and 100 percent submittals.
After the 50 percent design milestone has been reviewed and approved by the City, CDM will
prepare the design documents for the 90 percent design plans. At this time, CDM will provide a
constructibility review of proposed minor modifications in the design by the City, and update
the hydraulic modeling if necessary.
The construction plans will consist of up to 19 plan sheets listed in Table 2 below and include
the performance of specific work and preparation of details and documents as follows:
• Pond Typical Sections
• Plan and Profile of improvements (inflow and outflow points)
• Soil and geotechnical survey
• Access road details (if necessary)
• Stouuwater structures
Page 6 of 11
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
■ Pond Details
• Control structures and details (including weir details)
• Cross Sections
• Erosion and sediment control Plan
FDOT standards and specifications shall be used or may be modified as recommended by CDM
with City approval. Table 2 describes the sheet count for the construction plans:
--, ! -. m - TABLE
7 - r
z SHEET:DESDRIPAT ION-
G'-__-g__NUMBER OFSHEE=TS . __-
_
Cover
1
Index/Key and General Notes
1
Wetland Areas Summary and Tree Survey
1
Lake Control Structures (Inflow and Outflow)
2
Existing Plan Section Corner
1
References/Horizontal Control
Plan and Profile
2
Proposed Pond Plan and Survey
1
Soil and Geotechnical Survey
1
Pond Cross Sections
1
Dewatering Plan
1
Access road detail
1
Channel Cross Sections
1
Erosion and Sediment Control
1
Miscellaneous Details and Culvert(s)
2
Mitigation, Planting Plans, and Landscape
2
TOTAL
19
CDM will submit five copies of 11" x 17" (half sizes) format at each scheduled design milestone
for City review. The City's review comments will be incorporated into the final construction
documents (Plans and specifications) as mutually agreed upon. CDM will furnish one
reproducible (22" x 34") set of final construction documents to the City prior to bid
advertisement.
Task 5.2 Probable Construction Cost Estimate
CDM will provide an opinion of the probable cost of construction for the project at the 50, 90
and 100 percent completion milestones and prepare a final opinion of the probable construction
cost estimate at the completion of the design.
Task 6 — Permit Assistance
CDM shall prepare and submit an ERP package to the St. Johns River Water Management
District (SJRWMD) and United States Aiiuy Corp of Engineers (USACE) for their review and
Page 7 of i 1
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
approval for the regional facility. CDM will monitor the permits throughout the approval
process.
CDM will prepare and submit a permit package application to the SJRWMD and USACE and
respond to up to two Requests for Additional Information (RAIs) to clarify infoimation in the
permit application package.
Task 6.1 Meetings with the SJRWMD and USACE
CDM will meet with representatives of the SJRWMD and USACE to discuss the objectives of the
overall project and to clarify the level of permitting needed for the proposed regional detention
facility. A total of two meetings are estimated for budgeting purposes.
Task 6.2 Permit Application
CDM will work with SJRWMD and USACE to facilitate the permitting of this project. CDM will
prepare an ERP application and coordinate work efforts with SJRWMD. The following elements
are typically required in the ERP application:
■ Brief report of project
■ Basin delineation
• Peak flow quantities and analysis (Mean Annual, 25 year, and 100 year -24 hour storms)
• Construction sequence or phases (if applicable)
• Proposed construction layout
• Construction techniques
• Stormwater treatment and control techniques
■ Wetland delineation and mitigation plan (if necessary)
• Construction plans
The City will pay all permit application fees.
Task 6.3 Wetlands Assessment
ERS will prepare a wetlands assessment report addressing wetlands and other potential
environmental impacts, on-site mitigation, and/or planting plans for the parcel. If necessary,
ERS shall evaluate the feasibility of providing mitigation within the proposed flood
attenuation/water quality facilities (regional stormwater facility). If feasible, on-site mitigation
' shall be incorporated in the final design and construction plans for the regional flood
attenuation/water quality facility.
ERS will delineate and flag wetlands within the project per the USACE and SJRWMD
methodologies. The survey subconsultant will perform survey of the established wetland
line(s). If necessary, ERS will also coordinate with the City to prepare an onsite mitigation plan
Page 8ofll
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
to offset identified wetland impacts. The mitigation plan may include a monitoring plan and
maintenance program. The monitoring and maintenance programs are not included in this
scope of work.
ERS will perfaint a Threatened and Endangered (T&E) Species Survey and prepare a report for
submittal to SJRWMD and USACE as part of these work efforts. CDM and ERS will coordinate
with the City to respond to up to two RAI comments pertaining to wetland and environmental
issues. The following elements are typically required in the environmental assessment report:
• Threatened and Endangered Species Classification System
• Methodology
• Results
• Summary
• Wildlife Methodologies Guidelines
• Threatened and Endangered Species Observed on the Site
■ Field Data Logs for Pedestrian Surveys
• General Description of Wetland Communities
■ Wetland Qualitative Evaluation Summaries
Task 7 —Bidding Services
CDM shall assist the City in preparing bid documents. Construction specifications shall refer to
the FDOT specifications as applicable. CDM shall only be required to prepare Special Provisions
or Technical Specifications for items not covered by the FDOT specifications to be incorporated
to the City's front-end contract documents. CDM will attend the pre-bid and pre -construction
conferences, and interpret and clarify plans and specifications as necessary at the meetings and
during the bidding process. Up to three meetings are estimated for budgeting purposes. CDM
will assist the City and provide issue clarification related to the construction plans during the
bidding phase of the project. The City will be responsible for the bid tabulation evaluations. The
City will preside over the pre-bid conference with the bidders. CDM will prepare up to two
addendums, if necessary, to clarify bidders questions during the bidding period.
CDM will assist the City to determine the "Amount of Liquidated Damages" per delay days for
failure to complete the work by the construction contractor based on FDOT Standard
Specifications Road and Bridge Construction (2000). This amount will be included in Bid
documents. Procurement of the bids will be the City's responsibility.
Task 8 — Public Presentations
CDM will assist the CITY in preparing the materials necessary for three public information
meetings to be held at a time and place to be determined by the City within Atlantic Beach. Up
Page 9of11
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
to three "E" size board will be prepared for each meeting as well as one PowerPoint (Up to 20
slides) presentation relevant to the design and affect of the improvements on the community
and property owners. CDM has budgeted time to prepare the necessary information for up to
three public presentations.
Task 9 — Services During Construction (Not to exceed portion of scope)
The City will be responsible for the general administration of the construction contract. The City
will provide all resident inspection and provide construction administration during
construction. CDM shall have no responsibility or authority over the construction contractor's
means, methods or techniques of construction, nor for construction site safety or safety
programs incident to the construction contractor's work.
The City will prepare record or "As -built" drawings as required for submittal to the SJRWMD.
CDM will provide the City a Project Certification letter based on the "Asbuilt" drawings
provided by the City indicating that the project has been completed according to plans. The
following services are included by CDM:
• Prepare one addendum to clarify bidder's questions during the bidding period. Bid
tabulation will be performed by the City.
• Attend a pre -construction conference with the City's Construction Manager present.
• Conduct up to three site visits to confirm that the work is being performed according to the
Contract Documents, and will make recommendations regarding resolution of issues that
may arise during the course of the project related to the construction documents.
• Respond to contractor Requests for Infoimation (RFIs). Up to five RFIs are budgeted for this
project.
• Review the shop drawing submittals for compliance with the requirements of the Contract
Documents. Ten shop drawings are budgeted for this project. Resubmittals of rejected shop
drawings will be counted within the ten shop drawing budget for this task.
Task 10 — Grant Funding Support (Not to exceed portion of scope)
This is a not to exceed task and provides support to the City of Atlantic Beach, by CDM, in
identifying and submitting for potential grant opportunities. There are several sources of grant
funding at the state and federal level that this project may be eligible for, and CDM would
provide the support necessary to apply for these funding mechanisms. Typically, these grant
applications require a brief write-up of the project and documentation of the expected benefits
from a water quality and water quantity standpoint. Depending on the grant submittal
requirements, it may be necessary to apply a simple water quality model to demonstrate
expected pollutant load reductions. In addition, some grant applications require simple time
value of money calculations of the load reduction costs, on an annual dollar per pound of
pollutant removed basis.
Page 10 of II
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #8C
JULY 24, 2006
Exhibit A
III. Schedule
Within one month after the Notice to Proceed, CDM shall provide a project schedule. The total
time for completing CDM's design services required under this Work Order is 12 months from
the date of the Notice to Proceed. The issuance of the ERP is dependent upon the SJRWMD and
the USACE. The completion of the construction services (Task 9) will be dependent on the
construction contractor.
IV. Budget
The CDM Team will complete the services listed in Tasks 1 through 8 for a lump sum fee shown
on Table 3. CDM will invoice monthly based upon the percentage of completion by task. Task 9
and outside professionals shall be not -to -exceed upper limit as shown on Table 3.
Page 11 of 11
(Exhibit A — ENGINEER'S Services)
AGENDA ITEM #9A
JULY 24, 2006
July 17, 2006
MEMORANDUM
TO: The Honorable Mayor
and Members of the Commission
FROM: Jim Hanson
C'
SUBJECT: City Manag 's Report
Website Usage; The city's website has been receiving a surprising amount of usage in recent
months. During June, 32,859 people visited the city's website. There were a total of 13,101
different users and, on average, each user logged onto the site an average of 2.5 times. The
average amount of time spent on the city's site was 10 minutes 31 seconds. Visitors included
several from other countries including China, Korea, Canada and Australia, and those
international visitors totaled 2.32% of the total usage. The top pages in our website that were
utilized included the index/site map, the bids page, job openings, police page, the directory and
current events. The most downloaded files included zoning and subdivision land regulations, the
city's annual budget, employment applications and purchasing information for bids. The city's
website has been upgraded several times in recent years and offers many more features than were
available just a couple of years ago.
AGENDA ITEM #10A
JULY 24, 2006
MINUTES
Board Member Review Committee Meeting
July 13, 2006
CITY HALL, COMMISSION CHAMBERS, 800 SEMINOLE ROAD
Call to order
The meeting was called to order by Mayor Pro Tem Dezmond Waters at 5:00 pm. Those in attendance
were Mayor Pro Tem Dezmond Waters, City Manager Jim Hanson, Member Glen Fisher, Member
Casey Quinif and City Clerk Donna Bussey.
1. Cultural Arts and Recreation Advisory Committee
A. Discuss/review possible reappointment of current member, Ingrid McCawley
City Manager Jim Hanson explained the two (2) vacancies on the Cultural Arts and
Recreation Advisory Committee (CARAC). He advised the committee that Linda Ginsberg
is not interested in reappointment but that Ingrid McCawley is.
The committee discussed Ms. McCawley's service and attendance on the Committee.
The consensus was to recommend reappointing Ingrid McCawley to the Cultural Arts
and Recreation Advisory Committee for another term.
B. Discuss current vacancies on the Committee
City Clerk advised the members that there were only two (2) applicants for the Cultural
Arts and Recreation Advisory Committee on file and that an article will run in the August
newsletter soliciting for additional applications to that committee.
The consensus was to set up interviews with applicants for the Cultural Arts and
Recreation Advisory Committee for the September meeting.
2. Discuss alternate member vacancy on the Code Enforcement Board
The members discussed the "alternate member" vacancy and the amount of applicants for
the Code Enforcement Board. It was noted that two other vacancies will occur in
September. It was determined that many of the applicants were also interested in the
Community Development Board.
The consensus was to have interviews in August with the applicants for the Code
Enforcement Board and, in addition to the Code Enforcement Board liaison and
Chair, invite the liaison and Chair of the Community Development Board to attend
and observe the applicants that are also interested in the Community Development
Board for consideration. It was suggested that those applicants be scheduled first.
Minutes of the Board Member Review Committee Meeting on July 13, 2006 Page 1 of 2
AGENDA ITEM #10A
JULY 24, 2006
3. Discuss upcoming vacancies to the Community Development Board
It was explained that there are applicants for the Community Development Board that are
not interested in the Code Enforcement Board and would need to be interviewed in a
separate meeting.
The consensus was to hold interviews in September for any applicant for the
Community Development Board that did not interview in August.
There was a question as to whether or not R.D. DeCarle was a current resident of Atlantic
Beach. The City Clerk was asked to research it before scheduling him for an interview.
Adjourn
There being no other business, the meeting adjourned at 6:00 pm.
4,144/4t) A444-er
Donna L. Bussey
City Clerk
Minutes of the Board Member Review Committee Meeting on July 13, 2006 Page 2 of 2
AGENDA ITEM #10A
JULY 24, 2006
AGENDA 1:11+:1 4313
NOVEMBER 1-0,2003
CITY OF ATLANTIC BEACH
BOARD MEMBER INFORMATION SHEET
NAME OF e0A,R0 (4k A •= <* C:rt
NAME OE AP P LiCANDMEME 't a
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