9-11-06 Agenda Packet v0
a
CITY OF ATLANTIC BEACH
CITY COrVrM LssION MEETING SEPTEMBER 11, 2006
AGENDA
Call to order
Invocation and pledge to the flag
1. Annrove minutes of the Regular Commission meeting of August 28, 2006.
2. Courtesy of Floor to Visitors
4
TJnfiniched Business from Previous Meetings
A. City Manager's Eollow-up Report (City Manager)
Consent Agenda
AT T. MATTERS T.TSTFT) TTNDE.R THE CONSENT AGENDA ARF CnNRTTIFRFTI
TO RF. Rill TTTNF. RV THE CTTY CnMMTRRTON ANTI WTT T. RR FNACTFD BY
ONE_ MnTTnN TN THE EnRI LISTED BELOW. THERE WILL BE NO SEPARATE
DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT TTEM
WILL BE REMOVED FROM TTW CONSENT AGENDA ANT) WIT T. RF.
CONSIDERED SRPARATF.T.Y. STTPPORTINCT TInC.TIMRNTATTnN AND STAFF
R FC.fMMENTI ATTONS HA VF. RFFN PR FVTnT TRT .Y RT TRMTTTF.f Tn TNF CITY
CfMH
MTRRTfN ON TFRF. TT ..MR
A. Acknowledge receipt of New Occupational 1 dcenses issued in August 2006 (City
Manager)
B. Extend the contract for Orthophosphate for one adhlitional year to Calciquezt. Tnc.
(Rid No. (11114-74) at the current contract prices (City Manager)
C. Extend the welding "ontract for one additional year to Ace Fabrications, LLC (Bid
No. 0405-22) at the current contract prices (City Manager)
5. Committee Reports
None
6. Action on Resolutions
A. RESOLUTION NO. 06-12
A RESOT.TJTTON OE THF. CITY nE ATT.ANTTC REACH, ET.ORIfA
RPSCTNT)TNCT RPSOT.TJTTON Nn, O5-14, TNF. RFSfT.TJTTfN TMPOSTNCT A
MnRATnRTTTM (IN TITVTSTfNR nE T.ANr\ ANTI PRnVTTITNC, AN
FFEFCTTVF. DATE
7. Action on Ordinances
A_ ORDINANCE NO. 90-06-195, Final Reading and Public Nearing
AN ORDINANCE nE THF CITY nE ATT.ANTTC. REACH, COT TNTY nE TIT TVAT..
STATE. nE ET11RIDA. AMF.NDTNG CRDIN ANCP NTTMRFR 911_111_1T). RATTI
OR DWI ANCF. R F- A TIOPTTNG CHAPTER 211. ANTI TNCLT TIITNG AI L
SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE
SPECIFICALLY AMENDING ARTICLE. ITT, DIVISION 7, SUPPLEMENTARY
RPGTJT.ATTONS, (W THE COIF OE ORDINANCES EOR THF. CITY OE
ATT.ANTTr. REACH, FT.nRTT) A TS HEREBY AMFNTIF.TI TO APP NFW
1
SECTION 24-172, RPSTDF.NTTAT. DF.VF.T.nPMF.NT STANDARDS, PROVTDING
EOR RF.CORDATTON ANT) PROVIDING AN RFFECTTVF. TATE,
B. ORDINANCE NO. 20-06-80, Final Reading and Public Hearing
AN ORDINANCE AMENDING THE OPER ATING RI TDGF.T FOR THE CITY
nF ATT. ANTIC REACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2005 AND ENDTNG SEPTEMBER 10, 2006
C. ORDINANCE NO. 80-06-73, Introduction and Eirst Reading
AN ORDINANCE. AMENDING CNAPTFR 77 =TT.TTTFR, ARTTCT.F TT.
SFCTTnN 77-77 r!uARGES FOR WATER SERVICE, TO INCREASE THE
WATER BASE AND VOLUME CHARGES FOR RESIDENTIAL, IRREGATTON
AND COMMERCIAL CUSTOMERS: AMENDING ARTTCT.F. ITT
WASTEWATER SYSTEM, DIVISION SEVEN, SF.WF.R USER RATES AND
CTTARCMS, SECTION 77-166 MONTTIT.Y WASTEWATER RASE EACTT .TTY
CT-TARGRS IC) TNCREASF. RFSTDFNTTAT. AND COMMF.RCTAT. RASE
CHARGE RATES: AND AMENDING SECTION 22-167 SCHEDULE OF
WASTEWATER VOLUME CHARGES TO INCREASE THE RATES FOR
WASTEWATER VOLUME CTNARGF.S FOR RFSTDFNTIAL ANT)
COMMER CTAT. CT TSTOMF.R S
D. Public Hearings on adopting a Tentative Millage Rate and adopting Ordinance
No. 20-06-81 establishmg the Operating Budget for Fiscal Year 2006/2007
AN ORDINANCE ADOPTING THE FINAT. BUDGET FOR THE CITY OF
ATT.ANTTC RF.ACIT, ET.ORTDA FOR FTSCAT. YEAR BEGINNING OCTOBER 1,
7006 AND ENDING SFPTF.MRER 10, 7007
E. Ordinance No. 45-06-18, Introduction and First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC REACH, AMENDING CHAPTER 20, TAXATION, ARTTCT.F. ITT,
nCCTTPATTONAT. T.TCFNSE TAX, AMENDING TNF TERM T.00AT.
()CCTTPATTONAT. T.TCFNSF. TAX TO T.00AT. RTTRINESS TAX; AMENDING
SECTION 70-51. DEFINITIONS. TO CHANGE THE PERM FOR LOCAL
OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX AND TO ADD A
DEETNTTION FOR RECEIPT AS IT RFT.ATES TO BUSINESS TAXES;
AMENDING SF.CTTON 20-59, SCITEDTTTE. OE FEES; AMENDING
PROVTSTONS IN ARTTCT.F. TV. INSTTRANCE PRFMTTM TAXES, SFCTTONS 70-
76 TT -TR CIE TGN 70-7R, In CONFORM TO TATS NF.W TPRMTNOT.OGY:
PROVIDING AN EFFECTIVE DATE
R. Miscellaneous Business
Nnne
Q. City Manager
A. City Manager's Report
10. Reports and/or reuuPcts frrom City CnmmiccinnPrg and City Attorney
Adjournment
2
Tf 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 tn he hased.
Any person wishing to speak tn 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 actinn the City Commissinn 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 2R6.26, Florida Statutes,
Persons with disabilities needing special accommodation to participate in this meeting shnuld
contact the City Clerk by S:OO PM, Friday, September R, ?OW
MINUTE S
REGULAR CITY COMMISSION MEETING
August 7R, 7nn6
(1 'TTY HALL, Son 4RMTNOT,R ROAD
A ttendance IN A TTFNDANCF.:
Mayor Donald Wolfson
Mayor Pro Tem T. Dezmond Waters III
Commissioner Mike Rorno
Commissioner Sylvia N. Simmons
Commissioner Tamie Eletcher
city Manager Tim Hanson
City Clerk nonna T. Bussev
City Attorney man C. Tensen
Call to nrder/Pledge Mayor Wolfson called the meeting to order at 7:1 S p.m. The Pledge of Allegiance to
the Flag followed the Invocation, given by Mayor Wolfson.
Mayor Wolfson explained he intended to keep the agenda in order except for Item 1 C
on the Consent Agenda which needs a Puhlic Hearing and therefore will be addressed
during Miscellaneous Business.
Mayor acknowledged that many citizens were present to speak in regard to Ttem 7A
and explained they should wait until the Puhlic Hearing for that Ordinance is opened.
Further instructs were given.
Mayor Wolfson acknowledged former Mayors John Meserve and Rill nulliford and
former Commissioner Rick Beaver who were in the audience.
Approval of Minutes 1. Approval of the minutes of the Reg"lar Cnmmicqnn Meeting on August 14,
2006
Commissioner Borno noted there were ten (10) typographical errors which where
caught and were provided with hlue highlighting for consideration.
Motion: To approve the minutes of the Reg"lar Commission Meeting nn August
14, 2(1(16 with the ten (10) highlighted corrections.
Moved hy Porno, seconded hy Waters
Votes:
AyP: 5 - Rorno, Fletcher, Simmons, Waters, Wo1ffnn
Nay:
M(1TT(1N ('ARRTFTI
Courtesy of the Floor 2. Courtesy of the Floor to visitors
The Mayor opened the floor to visitors.
Chip Drysdale, 7i 1 Ceminnie Rail, spoke regarding a permit problem. He
presented background infouuation on his plans to renovate and his multiple,
unsuccessful attempts to get it approved and petinitted. He advised he asked the City
Manager if a private inspector could be used and was told he could not due to quality
Committee Reports
August 28, 2006
REGULAR COMMIQQTON MF.FTTNf Page 3
B. Approve renewal of employee wealth Insurance with Aetna effective October 1.
200E for a one year period and retain the current benefits and City/employee
contribution ratios (City Manager)
r . g' Approval of a T Tse -by -Exception for Landsharlr Cafe to allow for the on -
premise consumption of beer and wine in association with a restaurant within
the Commercial (eneral (CG) Zoning District at 1013 Atlantic Boulevard
within the Atlantic Village shopping Center (City Manager)
'Mayor Wolfson reminded the Commission that Ttem AC has been removed from the
Consent agenda and will he acted on later as a Public Hearing Item.
Motion: To approve Consent Agenda Items 4A and 4R as presented.
Moved by Waters, seconded by Fletcher
votes:
Aye: 5 - Borno, Eletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Reports
None.
Action on R esolutions 6- Action on Resolutions
A, RFSOT,TTTTON NO. 06-09
A R FS nT .T TITnN nE THE CITY OF ATLANTIC RFA AT TTTTnR TZTNC, IT -IE
CITU M A N A (,FR Tn F.XF.CT TIF. A MAINTENANCE CONTRA CT PPIWF.F.N
THE CITY OF ATT . ANITC PEA CH AND THE FLORIDA DEPARTMENT nE
TRANSPORTATION, AND PR nvmTNCT AN EFFECTIVE, DATE
Mayor Wolfson read the Resolution by title only.
CommiQQioner Eletcher asked whether there are any areas that the city maintains that
are not on the list to be reimbursed by the Elorida nepartment of Transportation. City
Manager Hanson believed that all the areas on the state right-of-way are listed.
Commissioner Eletcher asked whether areas near Fleet Landing were heing maintained
and whether the City is reimbursed. Public Works Director Rick Carer answered the
city is maintaining a small area North of the Ttangaroo station where the Welcome to
Atlantic Reach sign is located and the City is not being reimhursed.
CommisQioner Waters questioned the amount of reimbursement compared to last year.
City Manager Hanson explained there is an increase to the reimbursement which is
due to areas being added to the contract.
Motion: To approve this maintenance agreement contract renewal with the
Florida nepirtment of Transportation (EDOT), and that the Commission pass
Resolution No. 06 -no approving the new contract as required by the FDOT, and
authorize the City Manager to sign the Renewal Agreement.
Action on Ordinances
August 28, 2nn'
RF.(_'TTT.AP C(IMMTRRTON MEETING Page C
Votes:
Aye: 5 - Borno, Fletcher, Rimmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
7. Action on ordinances
A. ORDTNANCF N(1. 9(1_86-195, Tntrodnction and Public Hearing
AN ORDINANCE OF TT -TP CTTV OE ATT.ANTTC REACH, COTTNTY OF DUVAL,
STATE. OF FT,ORIDA, AMENDING (IR nTNANCF. NTTMRF.R 9n-01-172, SAID
ORT)TNANCF RE -ADOPTING CHAPTER 2d. AND TNCT.TTUTN(1- ATI.
STTRSFOTTENT AMF.NT)MF,NTS THERETO, THIS ORDINANCE. CPPCTFTC.AT.T.V
AMEN )ING ARTTCT.P. TTT, T)TVTSTON 7, SUEPT,F.MENTARY REGULATTnNR, OE
THE CODE OF nRfTNANCP.0 EnR THF CTTV OE ATT.ANTTC BEACH,
FT.ORTDA TS HEREBY AMENDFn Tn Ann NFW SPCTTON 24-172,
FSTfF.NTTAT, T)F.VF.T,OPMF.NT STANDARDS. PunVTnTNCT EOR
RPCnPT)ATTnN ANT) PROVTDTNG AN EFFECTIVE DATE.
Mayor Wolfson explained the process for citizens to speak during the Public Hearing.
Mayor Wolfson read the ordinance by title only. T -Te opened the public hearing.
The following citizens spoke during the public hearing on Ordinance No. 90-f16-195:
Robert (Bob) Harris, Sr., R07 ocean Rlvd., spoke in opposition
T,izzie Byrnes, 191 Eighth Street, spoke in opposition
Former Mayor John Meserve, 2126 Beach Avenue. spoke in opposition
Former Mayor Rill G niliford, 75 Reach Avenue, spoke in opposition
Jane Wytz>ra, second Street, spoke in favor
Stephen Fouralrer. 3R7 Sixth Street, spoke in favor
Lindley Tolbert, 334 Sixth Street. spoke in opposition
Robby Raymond, 180 Ninth Street, spoke in opposition
Brian Sexton, 120 Ninth Street, spoke in opposition
Carol MikP112 1771 Rea Oats Drive, spoke in opposition
Larry Whitehead, 50 Sherry Drive, spoke in opposition
Jack Robbins, 1435 Linkside Drive. spoke in favor
T.ynette Tyson, 110 Eighth Street, spoke in opposition
Rryan Rarker, 620 Reach Avenue, spoke in opposition
Leah Barker, 690 Reach Avenue, spoke in opposition
Sharon Scholl, 20d9 Se1va Marina Drive, spoke in favor
.roan Carver, 46 Fifteenth Street, spoke in favor
Coe Snead, 261 Reach Avenue, spoke in opposition
David MacTnnes, 171 Eifth Street, spoke in opposition
Mike Witherspoon, 679 ocean R10., spoke in opposition
.Tim Campbell, 2055 Beach Avenue. spoke in opposition
Rob Castro, 412 Ocean Blvd. , spoke in opposition
RM. De Carle, 51 Reach Blvd. , spoke in opposition
Gabriele Polytinsky, 158 Sixteenth Street, spoke in favor
Richard Ren, 1952 Reachside Court, spoke in favor
Steve Milo, 417 ocean R1vd. , spoke in opposition
A „g„s+ ?s, ? nn6
RF(TTT•AR COMMISSION MEETING 2.2,2 7
Mayor Wolfson called the meeting back to order at 10:51 pm.
Mayor Wolfson explained that many speakers expressed emotion, compassion and
anguish. He expressed sadness over what has happened to the Community over the last
year and has been a loss for all. He believed this issue is the most difficult issue he has
ever heen involved in but is glad to be a part of it. He shared his opinion that this issue
has hrought on divisiveness that will not be easy to bring back together. T -Te expressed
his sadness that his neighbors, citizens and friends will have to walk down their streets
and feel anguish and torment caused by this Community Character issue. Mayor
Wolfson expressed his respect for the Cave Atlantic Reach movement.
Motion: In approve Ordinance No. 90-06-195 on the first reading.
Moved hy Fletcher, seconded hy Simmons
Commissioner Borno expressed his opposition to the proposed Ordinance as it is
written. T -Te explained some things in the Ordinance has value and can he comhined
with our existing ordinance to control bulk and mass. T -Te helieved that a EAR is
dictatorial and a number can never be determined to describe the diverse community
character of homes throughout the whole city.
Commissioner Borno believed that the following factors should he incorporated in an
ordinance: Wall plane heights, side wall planes, special treatment for lawful existing
single and multifamily homes, and structures that are damaged and destroyed.
Commissioner Borno expressed sadness to friendships being affected by this issue.
Commissioner Waters explained that the process has been going on for more than two
years and something needs to he done. T -Te further explained that if the FAR does not
worlr. it can he changed in the fiiture. >-Te helieved property values will still go up if the
ordinance is passed and expressed he does not live in Atlantic Reach for the dollar
value of his property. He hopes to preserve the way of life the community is used to.
T -Te provided a history of height issues and effeL•ts from past decisions.
Commissioner Simmons explained she does live in "Old Atlantic Beach" and that her
decision is neighborhood driven. She spolre to many citizens on both sides of the issues
over the past three years and have studied and considered components such as: her
house; her neighbor's houses; landscaping; pedestrian -friendly front doors and porches;
rear detached garages five -feet from property lines; numbers that are considerably
different than the consultants numhers; preserving and protecting the neighborhood
while still allowing for newer and larger developments; community character; and
property values.
Commissioner Fletcher explained the Community Character issue has been studied for
three years and he is ready to vote.
Mayor Wolfson explained there are many people with a misunderstanding of the
calculations and gave an example of one. He agreed that the issue can he confusing.
Mayor Wolfson read from a FCCIlMA White Paper, titled RInrrrla Hometown
nemocracy Initiative regarding the legislative process and was sent out hy the Florida
August 28, 2006
REGULA1 rv►NTNrrccrnN 1V F. TING Page 9
Corey Fox, owner of the Landshark Cafe explained his wishes to serve beer and
wine at the restaurant.
Mayor Wolfson closed the puhlic hearing.
Motion: Approve a Use-hy-Exception for T.andshark Cafe to allow for the on -
premise consumption of beer and wine in association with a restaurant within the
Commercial General (CG) Zoning District at 1 fll z Atlantic Roulevard with the
Atlantic Village Shopping Center.
Moved hy norm, seconded hy Simmons
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION C'ARRIFn
Action on ordinances B. ORDINANCE NO. 20-06-80. Intrndnction and Eirst Reading
AN ORDINANCE AMFN1IN(i' THE, OPERATING BUDGET FOR THE
clay nE ATLANTIC BEACH, FLORIDA FOR FISCAL, WAR
BEGINNING OCTOBER 1, "OnANn FNnTNG SEPTEMBER 30, 2006
Mayor Wolfson read the ordinance by title only.
Motion: Approve ordinance No. 20-06-80 as presented on first reading.
Moved by Borno. seconded hy Waters
Commissioner Borno explained the purpose of the ordinance.
Votes:
Aye: 5 - Rornn. Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous Business S. Miscellaneous Business
Hopkins Creek R egional Retention Facility — Land purchase (City Manager)
A.
City Manager Hanson explained the hackground of this item. He advised that a puhlic
hearing would be held tonight and +hat the consultants are in the audience.
Mike Schmidt, E.F.. RCFF, Vice President of Camp, Dresser and McKee.
446 Inland Way, explained he was there to address questions that have come up and to
address the last step in the long-term flood control water quality improvement project
for the city which is attached an made part of this official record as Attachment C. T -Te
presented a slide show. T -Tis presentation addressed the plan to handle flooding and
explained that conveying the water downstream would cause flooding in Neptune
Beach. T -Te suggested scoring the water, which not only reduces the flooding but is
good in terms of protecting downstream interest, protecting water quality and making
the system consistent with Federal and Sfate T egislation.
August 28, 2006
REGULAR COMMTCCT(1N 1WVFTTNC Page 11
City Clerk Bussey explained her recommendation as indicated in her staff report and
noted that it is the same as it was at the last meeting when action was deferred. She
explained her reasons for the request and the need for paying the position properly. She
helieved since the proposed "Administrative Assistant" job de'cription was not scored
with the Certified Municipal Clerk (CMC) designation factor, extra point. chonld he
added and thus raise the position up another grade upon obtaining that Certification.
She explained the process and criteria for obtaining the CMC.
Mr. Hanson indicated that his recommendation has not changed from the last meeting.
Commissioner simmons expressed that she would like to break it out into two motion.
Motion: To approve the reclassification of the "secretary" position from a Grade
15 to a Grade 17, change the title to "Administrative Assistant to the City Clerk"
and place into the pay scale using normal city procedures.
Moved by Simmons, seconded by Horno
Commissioner Simmon reported her research from discussions with City Manager
Hanson, City Clerk Bussey and Human Re.onrre Manager Foster. She believed the
logical and more appropriate grade for the proposed Admini.trative Assistant to the
City Clerk joh description would be a Grade 17. She pointed out the other similar
administrative positions are called Administrative Assistants, their classified at a Grade
17, and they do not require a college education.
Commissioner Waters wanted clarification why the Grade should not start at 1 6.
Commissioner Simmons explained 1) there are factors for scoring a job 2) all other
Administrative Assi.tant. score at a Grade 17 and 1) there are no other positions
scoring at a Grade 16 that have these admini.trative responsibilities.
Commissioner Waters believed the motion should be amended to inrinde the second
part of the recommendation which he stated "Tn addition, create a position called
Deputy City Clerk at a Grade 1R to which the Administrative Assistant would
automatically advance upon receiving the Certified Municipal Clerk (CMC) status. He
believed that someone with a CMC i' more likely to have a higher level of education or
a college degree. Ms. Bussey explained that a college degree was not a previous
requirement for the CMC, but for those people who have not started the CMC's 1 -year
program, a college degree requirement will he in effect by the time they can apply for
the Certification.
Mayor Wolfson asked for clarification from Commissioner Water. whether he is
making a motion to amend. Commissioner Waters agreed that it was his intent to make
the motion and Mayor Wolfson asked for a second.
Motion: To amend the motion to include, "In addition, create a position called
"neputy City Clerk" at a Grade 18 to which the "Administrative Assistant" would
automatically advance/promote to upon receiving the Certified Municipal Clerk
(CMC) status.
Motioned by Waters. Motion died due to a lack of a second.
City Manager
Angnst 28, 211116
REGULAR COMMISSION MEETING Page 13
Mc. Tussey confirmed that a CMC is not required to perform City Clerk duties and
pointed out that she will have her CMC effective November 1, 2006 which is the first
month following her two year membership requirement.
Commissioner Fletcher indicated he was in favor of splitting the motions to get the
immediate issue of the Administrative Assistant position approved and advertised and
explained that is why he voted against amending the motion. He believes tremendous
pressure is being placed on the City Clerk's office as well ac other departments and
recognizes the need to advertise the position.
Votes:
Aye: - Rorno, Edetcher, Simmons, Waters, Wolfson
Nay: n
MOTION CARRTF1)
9. City Manager
A. City Manager's Report
City Manager Jim Hanson indicated that he would hold his reports for another time.
Reports/Requests 1 h. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Recommendation for appointment to the Conde Enforcement Hoard
(Mayor)
Commissioner Waters explained that the Board Member Review Committee met and
interviewed applicants for the Code Enforcement Board and that some of those
applicants are also being considered for the Community nevelopment Board. He
reported that the consensus was to Yecommend appointing Tuliette T-Tagist to fill the
current alternate member vacancy. He also reported the consensus to recommend R ay
Martin to fill the alternate member vacancy, if another vacancy occurs in the near
fixture and Tuliette Hagict moves up to fill the regular member vacancy.
Motion: To appoint Juliette Hagist as an alternate member to the Corte
Enforcement Roard to fill the current vacancy, to appoint Ray Martin to fill the
next future vacancy of the Corte -Enforcement Board as an alternate member and
Juliette uagist would move up to serve as a regular member .
Moved by Wolfson. seconded by Borno
Commissioner Fletcher mentioned that, based on comments during the Neighhorhood
Chat, he is working with the City Manager regarding rental issues. Mayor Wolfson
thanked him for taking on the issue.
Adjournment
August 28, 2006
REGU'.A1 CnvnurccrnN 1VTTi.FTTNG
Page 15
Votes:
Aye: 3 - Rorno, Simmons, Wolfson
Nay: '2- Eletther, Waters
MOTION CARRTFT)
Commissioner Rorno
➢ Reference Mr. nrysdale's issue and expressed the need for the city to work out
the problems.
Commissioner Simmons
• Agreed with Commissioner Borno and added that the city is in need of a
regular fill -time Building Official. Mayor Wolfson asked Mr. Hanson to report
on the status of hiring a Building Official. Mr. Hanson reported the recent
history and status of the efforts and explained the reason the current building
official is being contracted for three days a week. T -Te expressed that he is not in
favor of allowing people to use outside inspectors for permits.
• TTrged the Commission to review the FDOT document that was given to each of
them which is a traffic impact analysis pertaining to the proposed Walniart in
Neptune Beach.
Commissioner Eletther
• Expressed he is truly honored to serve.
Commissioner Waters
➢ Shared his opinion that many people spoke tonight and it went rather well. He
commented that the citizens in Atlantic Beach are an extremely mature crowd.
• R eported that he attended the Big Brother and Big Sisters breakfast meeting
last week and they are looking for mentors. He expressed wanting to encourage
people to sign up for mentoring children since he believes mentoring makes a
big difference in a child's life.
Mayor Wolfson
• R eminded the Commission the final Budget Workshop is scheduled for
Wednesday, August loth at 5:ff pm.
There being no f»rther discussion, the Mayor declared the meeting
adjourned at 17:11 am.
ATTEST:
Tonna L. Bussey
City Clerk
nonald M Wolfson, Mayor/Presiding Officer
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AGENnA ITEM # 4A
SEPTI BER 1.200
AGENDA ITEM #4B
SEPTEMBER 11, 2006
A CENT) A ITEM:
CITY OE ATLANTIC REACH
CITY COMMISSION MEETING
STAFF REPORT
Fxtension of Annual Contract for nrthophosDhate
Rirl No. 0304-74
SITRMITTFD BY; Donna Kaliizniak, TTtility Directo
DATE: August 29, 2006
BACKGROUND: nn September 14. �nn4 hid were opened for the rites annual contract for
nrthr,phosphate for the water treatment system. The low bidder with the product meeting all
specifications was Calciuuest, Tnc. This firm successfi,lly met all hid requirements.
Calciquest, Inc. has been providing orthophosphate to the City for several years. The cost of
$0.54/pound is reasonable and deliveries are timely.
The City has contacted Cal ciquest, -Inc. regarding an extension of their current contract for one year at
the current rates and they have agreed. As Der Bid No. 0304-74: "The City reserves the right to renew
the contract for two additional one-year periods pending a mutual agreement between the City and the
vendor, and a review of the contract performance by vendor for the previous year."
The vendor has agreed to renew his contract. and staff has been pleased with the performance of this
contractor.
MIDGET: Funding is included in the Water Treatment fund under account no. 400-5502-533-5200
in the amount of %7,000.
RECOMMENDATION: Extend the contract for Orthophosphate for one additional year to
Calciquest. Tnc. at the contract prices.
A TT ACM/TENTS: 1, Tetter of agreement to extend contract from Calciquest, Tnc.
REVIE.NW'.D BY CITv MANAG
Cue Pq nC na:47p Calci9uet
704-822-m:12?
Er^m: u171(n1Dwn Paae: 1/1 Date: 8428/2006 3:10:37 PM
August 22, 2006 - EAY: X04-822-0922
Mr. Graig Principi
t'•A1ducat. Tn0.
RE: Extension of Rid No. 0304-24
Nun' Mr. Principi:
P.1
A r PNnA ITEM #4B
SFETPMBER 11.2006
CITY OFATLANTXC BEACH
PEPARr ENT OA PU)31.,(C WORKS
I inn s A IvnPTPP'D 1 ANTI
ATLANTIC BFACH_ FLORIDA 1,77.11-4118
.ppsanNE: (904) 247-5834
FAX: (904) 247.3111
4iRtH'nMc ssa_5au
www,coab.us
As you are aware, the annual con±r t with t1,P. City of Atlantic Keach for Orthnphosphatp
expires September 30, 2086. We would like to extend the contract for another year at ?hr.
current prices, if this is acceptable. to volt* company.
If acceptable, please sign below and return by fax to me September 1, M_ CO 1 ram
prepare a staff report for the City Commission.
We Took forward to recomrnl ndin2 that wP continue our =tract with your etimtany,
Sincerely.
Dom TCaluzn}a
Utility Director
CALCIQ1TrrgT. INC. AGREES To 'EXTEND THE CONTRACT EOR
(WTHAPHOSPHATE wrm TUE (Try nF ATLANTIC ERACH Al THE
}'RICES SUBMTITFi IN H1T1 NO. 0304-24 FOR AN AnninoNAL YEAR
EFFECTIVE CICTfBER 102006.
•
Mr cage reCgjveel by Calci(]uPcd Inc, All RighfcResign/ad,
AGENDA ITEM #4C
SEPTEMBER 11, 2006
CITY OF ATLANTIC RF. A Cu
CITY COMMISSION MF.FTTNC:
STAFF REPORT
Af_F.NDA TTFM: Extension of Welding Annual Contract
Bid No. 0405-22
SITRMITTF,i) RY: Donna Kaluzniak. Utility Direct()
DATE: August ?S. inn(
BACKGRnTTNn• nn August 74, 2005, bids were opened for the City annual contract for Welding.
The low hidder was Ace Fahrications, T•T,C. They successfully met all bid requirements.
This work requires specialized skill, experience and equipment. Ace Fahrications' personnel have the
required background, knowledge. experience and equipment. The fees charged hy Ace Fabrications,
LLC for labor and materials have been veru reasonahle and competitive.
City has spoken to Ace Fabrications, LLC regarding an extension of their current contract for one year
at the current rates and they have agreed. As per Bid No. 0405-??: "The City reserves the right to
renew the contract for two additional one-year periods pending a mutual agreement between the City
and the vendor, and a review of the contract performance hy vendor for the previous year."
The vendor has agreed to renew his contract, and staff has been pleased with the performance of this
contractor.
MIDGET: These services are used on an as -needed basis. and funding is included in the Water and
Sewer Funds in the amount of approximately $39.000 under account numhers 400-5502-511-1400,
410-5506-535-3400 and 410-55nQ-535-unn,
RF.CfMMF.NTIAIION: Extend the welding contract for one additional year to Ace Fabrications.
T .T .C' at the contract prices.
ATTACHMENTS: 1. Letter of agreement to extend contract from Ace Eahrications, T.T-C.
REVIEWED BY CITY MAMA(='FR
AUgUst 24, 2006 PARC: 3$4135)3
W. Ch.rless Prestos
Atcc VahricatlPAs LLC
EXlcnsio.n. of TiC1 No. 04()5-='2
Dear Mr, Preston;
A.a ynn are awl, the annual contract wit
expires Septmber tO, 20m. She wr,•►uid 1
current prices, it -this is ecceptabl& to your
AapmnA ITEM #4C
SFPTFMRFR 1 1, 9nn6
CITY oR,A,ILANTre BRACH
DUHP RTMsNT OF DUBLUC WOPKS
120 QA!,Thvtorlo t.A N -a
Alt.ANf17C BRACH, PL.ORmA 32211-.01$
tELEPHONE: f.9O4) 247-5834
PAX; (J{141 Z41 -i$11
SVNCOM: 852-5834
up w•rOdSPt
I the City of Atlantic each for Welding
ke to end the contract rr another year at the
wrnpan.v.
if at cetahie, oIea$ sign below and cerin to roe September 1, 2606. so I can prepare a
staff report for the City Commission.
ission.
We look forward to, recommending that
rl,nna icahlznif4k
Utility Director
c continue our contract with your company,
=SCE FABRICATIONS ime AGREES TO EXTEND THE enNTRAJJ llama
TRE CITY OF ATLANTIC BEACH . T THE PRICES SUBMITTED TN BID NO.
114U5-22 EOR A 4TDITIONkI. y Alk rcT IVF ACTOBFR 1, 3fW!6_
A rFNDA ITEM #6 A
•F2TEMBER 11, 9nr%
RFSfIT,TTIIf1N Nfl, 116-11
A RF,SOLTTTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
RESCINDING RFSOi.TTTiON No. O5-14, THF RESOLUTiON
iMPf1SING A M(iR AT(iRTTTM (iN DiViSiONS OE LAND,_ AND
PIZnVJT UN( AN 1 FFEECTIVF. 11 ATV
WHFRF,AS, the City Commission on December 12, 2005, passed Resolution No, 05-14,
which imposed a moratorium on quasi-judicial or legislative/administrative approval of divisions of
land in the City of Atlantic Reach, and
WHEREAS, recent legislation passed by the Cites Commiccinn has changed certain zoning
classifications so that the public need for the moratorium no longer exists.
N(iW THF.RF.EORF, he it resolved by the City Commission of the City of Atlantic Beach as
follows:
Section 1. The moratorium on division of lands imposed by Resolution Nn. n5 -l4 icz hereby
rescinded.
Section "). This Recnlutinn shall take effect immediately upon its final passage and adoption.
PASSED by City Commission on this day of
ATTEST:
DONNA T.. BUSSEY
City Clerk
Approved as to form and correctness:
AT .AN C. JENSEN, ESQUIRE
City Attorney
DONALD M. WOLFSON
Mayor
AGENDA ITEM # 7A
SEPTEMBER 1 1.2006
nRDINANCF NUMBER 90-06-195
AN ORDINANCE, OE THE CITV OE ATLANTIC REACH, COTTNTV (lE+
DIIVAL, STATE OE El,ORIDA, AMENDING ORDINANCE NTTMRF.R
90_01_177, GAIT) ORDTNANCV RV.._AT)OPT NG CHAPTER 24, AND
INCI.TTDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS
ORDINANCE SPECIFICALLY AMENDING ARTICI,F, III, DIVISION 7,
SUPPL,EMF,NTARY RF.GITI,ATlONS, OE THE CODE, OE
ORDINANCES FOR THE CITV OE ATLANTIC REACH. El.ORTDA IS
HF.RF.RV AMENDED TO A1111 NEW SECTION 741-177. RESIDF.NTIAI.
DEVELOPMENT STANDARDS, PROVIDING FOR RECORDATION
AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City of Atlantic Reach, under the authority of Chapter 166, Part T.
Florida Statutes, The MCipal Home Role power Act, such authority being restated within
Section 4. General powers of the City Charter. as reaffirmed. and also under the authority of
Chapter 163, Part II, Florida Statutes, Section 163.3164, Local Government Comprehensive
Planning and Land Development Regulation Act, establishing authority to adopt Land
Development Regulations and issue Development Orders; all providing broad authority to plan
for and regulate the 11CP, and development of land on the hack of the impart such development
may have on theCity. and
WHF,RF.AS, pursuant to such authority, the City has divided lands into Zoning Districts,
has adopted a Comprehensive plan, and has adopted regulations to guide the filture use and
development of lands within the City. Said T.and Development Regulations, inclusive of the
Comprehensive Plan. applicable Building Codes and also the requirements of other agencies
having regulatory authority over the City, are intended to, among other things, promote the
general health, peace, safety and welfare of the inhabitants of the City; and
WHEREAS, the City of Atlantic Reach filrther intends to promote. protect. and improve
the good order. appearance. and general welfare of the City and also to prevent the overcrowding
of land and to protect natural resources and the traditional residential development patterns
within the City, and
Page 1 of 7
Ordinance Number 90-06-195
Effective Date:
AGENDA ITEM # 7 A
SEPTEMRPR i i , 2nn6
WHEREAS, the City Commission finds that existing T.and Development Re ulatinns
allow for develnpment to nccur in residential areas of the City, particularly in nider established
neighborhnndc within the City, which may he incompatible with such neighhnrhnodc because of
excessive size and mass, and proximity to neighboring properties, and which may also result in
the excessive destruction of vegetation and tree canopy and the excessive loss of light, air and
breezes, and
WHEREAS, such Lanrl Development Regulations have also provers inadequate to limit
or preclude new development, which is out of scale and with established traditional residential
buildings within in the City's older established neighborhoods, and such regulations also fail to
discourage the redevelopment nf residential lnts in ways that may be inconsistent and
incompatible with the histnric and existing built environment as required by Pnlicy A.1 .4.4 of the
Comprehensive Plan. and
WHEREAS, such excessive development negatively changes and impacts such
established neighhnrhnods through loss nf character, npcn space, views, breezes, tree canopy and
a sense of privacy: and
WHEREAS, it is the stated public policy of the City of Atlantic Beach, as set forth
within C1hiectives A.1.4 and A.1.5 nf the 7n15 Comprehensive Plan, which is adopted by
Ordinance N„mbeT 11 -n4 -n1, to encourage fi"ture develnpment and redcvclnpmcnt, which
retains the exceptionally high quality of life and the predominantly residential character nf the
City of Atlantic Beach and which provides for the preservation and prntectinn nf the dense tree
canopy of the City. It is the expressed intent of the City to protect and maintain the unique
neighhnrhonrl character of established and traditional residential areas throughout the City, and
WHEREAS, following public hearings, public participation wnrkchops with interested
citizens, the Community Development Board and the City Commission, public hearings to enact
this (Iv -finance were held by the City Commission for the City of Atlantic Beach on August 28,
7nnt and September 11, 7nn6. Tn cnnsideratinn of public participation and comments, and in
suppnrt nf stated pnliCLs nf the City, including applicable gnals, nhjectives and polices as set
forth within the adopted -)015 Comprehensive Plan, the city Cnmmissinn herehy finds that
adoption of this Ordinance and these Residential Development Standards shall he in the hest
interests of the citizens of the City of Atlantic Beach and shall serve to implement such gols.
ohicctivcs and pnliCies.
NOW THEREFORE, BE IT ENACTED BY THE CITY COmmiSSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
Page pf 7
frdinancc Number 90-06-195
Effective Date:
AGENDA ITEM # 7A
SEPTEMBER 11. 2006
SF,CTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations
Article TTT, Zoning Regulations, Division 7, Supnlemontary Regulations, of the Code of
ordinances for the City of Atlantic Reach. Elorida is hereby amended to add new Section 24-
17'. Residential nevelopment Standards. and upon enactment shall read as follows.
(a)
SECTION 24-172. Residential Development Standards
Purpose and Intent. The purpose and intent of these new regulations is to implement the
gnals, nhjectiyec and nnlices ac set forth within the adapted 7f115 Comprehensive Plan.
restated in part helow.
Con] A.1 The City cha11 manage growth and redevelopment in a manner. which results in
a pattern of land uses that: 1) encourages. creates and maintains a healthy and aesthetically
pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances
coastal, environmental, natural, historic and cultural resources, and 4) maintains the City's
distinct residential community character.
tlhiective A_1.1 Maintaining Residential Character - The City shall encourage future
development and redevelopment, which: 1) retains the excentinnally high quality of life
and the predominantly residential character of the City of Atlantic Reach. and 7) provides
for the preservation and protection of the dense tree canopy.
Policy A.1.4.3 By December 31, 2005, the City shall consider amendments to its Land
Development Regulations, which include provisions intended to retain the unique
community identity, the architectural character, and the residential scale of that area of the
city known ac fllyd Atlantic Reach,
Policy A_l,d_d Within furl Atlantic. Reach, the City shall concirdcr Options to discourage
the redevelopment of residential lots in ways that are inconsistent and inenmpatihle with
the historic and existing built environment.
The diversity of residential types is recognized as an asset to this community's unique
character. The purpose of these regulations is also to regulate the future use and
development of land in a manner that minimizes incompatible relationships within
neighhnrhonrlc that may result from new Pcvelopment, which because of excessive height,
macs or hulk may result in new ncvelonment that excessively dominates established
development patterns within neighborhoods or excessively restricts light, air. breezes or
privacy on adjacent properties.
The further intent of these regulations is to appropriately limit height and hulk and mass of
residential structures in accordance with the expressed intent of the citizens of Atlantic
Reach, and also to support and implement the Recitals of Ordinance 90-06-195 and as more
specifically enumerated below.
(1) Tn ensure that buildings are cmmnatihle in macs and scale with those of buildings seen
traditionally within the residential neighborhoods of Atlantic Reach,
(2) To maintain the traditional scale of buildings as seen along the street.
(3) To minimize negative visual impacts of larger new or remodeled buildings upon adjacent
properties.
(d) To promote access to light and air from adjacent properties.
(S) To preserve and enhance the existing mature tree canon, particularly within front yards.
Paae_f7
ordinance Number 90-06-195
Effective nate:
AGENDA ITEM # 7A
SEPTEMBER 11. "006
(b) Applicability. The Development Standards and provisions set forth within this Section shall
apply to Development of Single-family and Two-family Dwellings within that area of the
City depicted by Attachment A and generally referred to as Old Atlantic Beach, which for the
purposes of this section shall he hounded hv:
• Ahem Street and Sturdivant Avenue, between the beach and Seminole Road on the south:
• Seminole Roa& extending north to 11 th Street on the west;
11th Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12,
14, 16, 1 S, 20, 22, 24, 26, 28,1n and -12 within Block 14 located on the north side of 11 th
street and west of Fast roast Drive, and
▪ Fast Coast Drive extending north to its terminus, then along Seminole Road to 1 6th
Street, and 1 6th street extending east to the beach, with the beach being the eastern
houndary of this area.
Development. as used within this section, shall also include total redevelopment of lots and
certain renovations and additions to Single-family and Iwo -family Dwellings as set forth
herein.
(c) Additional Residential Development .ctandards. The following standards and requirements
shall apply to that area defmed in preceding paragraph (h). and ac fi,rther and more
specifically described for each particular standard or requirement.
(1) Flaor Area Ratio (FAR). Floor Area Ratio limits are estahlished to prevent incompatihle
mass and scale where new Development might otherwise excessively dominate the
existing streetscane and existing adjacent residences. EAR shall be defmed as the ratio of
total counted ahove-grade floor areas of certain Buildings on a Lot or Parcel compared to
the total Lot Area.
FAR = Total counted Floor Area _ To+a1 Lnt Area
The following FAR provisions shall apply to new Single-family and T,uo-family
Dwellings and additions, which expand interior Floor Area by more than twenty-five
percent (?5%).
i. T ots or Parcels that contain 6000 square feet of Lot Area or less shall be assumed to
contain Fnnn square feet of T.ot Area, and Eloor Area Ratio limits and provisions as
set forth within this Section shall apply. For example. maximum Eloor Area Ratio for
5,200 square foot lot shall be calculated as if the
T of is 6000 square feet in size.
ii. A maximum Floor Area Ratio limit of .5d shall apply.
iii. FAR calculations shall be included on all single-family Dwelling and Two-family
Dwelling Construction Plans submitted to the City for review and permitting.
Page4of7
Ordinance Numher 90_06_1 95
Effective Date:
AGENDA ITEM # 7 A
SEPTEMBER i i , 7oc)
iv. The following elements of a Single-family or Two-family Dwelling shall be counted
in the FAR calculation.
• Interior heated and cooled areas.
Porches, balconies, patios and breezeways with a solid cover or roof when
enclosed by solid walls nn more than two sides.
• That portion of an attached garage exceeding 5nn square feet of Floor Area.
v. The following elements of a Single-family or Two-family Dwelling shall be excluded
from the FAR calculation.
• Porches, balconies. patios. breezeways. and deClrs (as well as overhangq, eaves.
cantilevers, awnings and similar features) with a solid cover or roof. but not
enclosed by solid walls on more than two sides. Such porches, balconies, patios,
breezeways, and decks shall remain open on at least two sides and shall not later
he enrlosed in any manner.
• Detached Private Garages that are incidental to the principal vise on a Tot.
Detached Private Garages shall remain subject to established size. height and
placement regulations.
• Carports that are open on two or more sides.
(2) Side Wall Planes. To aioid stars. exterior side walls from faring the sides of adjacent
residences, particularly on two-story and three-story residences. the folio -tying standards
shall apply to new two-story and three-story Single-family and Two-family Dwellings: to
renovations involving Structural Alterations or additions to the sides of existing Single-
family and Two-family DWellings, and where a second or third -story is added to an
existing Single-family and Two-family swelling.
i. Second and third -story exterior side walls. whirh exceed 15 -feet in length, shall
Provide horizontal offsets of at least four feet, or architectural details. design elements
or other features, which serve to break-up the appearance of the side wall, such that
adjacent properties are not faced on the side blank two or three-story walls void of
any architectural design other than siding material or windows.
ii. Such design features may also include balconies, hay windows and other types of
projecting windows or architectural details provided that these shall not extend more
than 24 -inches into the Required Side Yard. and that a minimum separation of 1n -feet
is maintained between such extensions into the Required Ride Yard and any other
existing adjacent residential Buildings.
(1) Freight to Wall Plate. For Single-family and Two-family Dwellings. the ma{;m„m
height to the ton horizontal framing member of a wall from the first floor finished floor
elevation shall not exceed 2? -feet.
(4) Third Floor Footprint Tn order to reduce the mass of taller Single-family and Two-
family Dwellings. the interior footprint of any third floor area shall not exceed fifty
percent (50%) of the size of the second floor interior footprint.
PagP nf7
Ordinance Number 90-06-195
Effective Date:
AGENDA TTF1ur # 7A
SFPTMPRPP 1 1 , /006
(5) Shade Trees. In order to sustain the City's existing tree canopy and to provide shade
along the City's residential streets and sidewalks, nne shade tree shall be provided within
the Required Eront Yard and an additional shade tree shall he required on the T.ot in a
location at the property owner's discretion in accordance With the following provisions:
i. This requirement shall apply to the construction of new Single-family and Two-
family Dwellings and to Structural Alterations of any Single-family and Two-family
Dwelling. Such required Trees shall be installed prior to issuance of a Certificate of
Occupancy nr prior to final inspections, as applicahle. (The requirements of Chapter
21 of this Code shall also apply,)
ii. Required Shade Trees shall have a ninimnm size• of 4 -inch caliper at the time of
installation. A list of recommended tree species is available from the City.
iii. Credit shall be provided for the following, and additional Front Yard Shade Trees
shall not be required in such cases.
(a) Where healthy canopy trees exist in the Required Eront Yard, which are listed
on the recommended tree list and are at least 4 -inch caliper; or
(h) where oak trees exist in the Require
d Front Yazd, which are at least six (6)
feet tall; or
(c) where healthy street trees exist in the adjacent right-of-way, which are listed
on the City's recommended tree list and are at least 4 -inch caliper. Where
installation of a Eront Yard Shade Tref is required, such tree shall not he
planted within right-of-ways nr over underground utilities.
iv. Similarly. credit shat] he given for the second required Shade Tree where such
tree, as described above. exists elsewhere on the T ot.
(d) •rpecial Treatment of lawfully Pristing .Single-family and Two-family Dwellings, which
would othp s, ha made Nnnr farming hy enactment of Soction 24-172, Pstahlishing
these Residential 1)0-lupment .rtandardk. Any law -6111y existing Single-family nr Two-
family Dwelling. which has been constructed pursuant to properly issued Rnilding Permits
prior to the effective date of these Residential Development Standards, adopter:, on
September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a Vested
Tlevelopment, and any such Single-family nr Two-family Dwelling shall be considered a
lawful permitted Structure within the T.nt nr Darnel containing the Vested Development, and
shall not be considered as a Nnncnnforming Structure with respect to the regulations
contained within this Section.
It is further the intent of this Section to clarify when these Residential Development
Standards shall apply in the case of reconstruction or redevelopment follnwing:
(1) a natural act such as a hurricane, wind, flood or fire; or
(2) redevelopment initiated hy a property oWT1er or authorized agent for a property owner.
The following prnvisions shall he limited only to those characteristics, which would
otherwise be made nonconforming from the requirement of this Section, which provides
Residential Development Standards. The provisions of Section ',4 -RS shall otherwise apply
to Nonconforming Tots, T Jses and Structures.
Page 6 of 7
Ordinance Number 90-06-195
F.fFective Date:
ArwNDA ITEM #_ 7A
SEPTEMBER 11, 9nm
Structures damaged or destroyed by natural acts or by any means not resulting frail"
the actions of the property owner. Any lawfi,lly existing Single-family or Two-family
Dwelling. which has peen constructed pursuant to properly issued Building Permits prior
to the effective date of these Residential Development Standards, adopted on September
11, 2006 by Ordinance Number 90-06-195, shall be deemed a Vested Development, and
any Single-family or Two-family Dwelling shall he considered a lawfiil permitted
Structure within the T ot or parcel containing the Vested Development. Eurthermore. an
existing Single-family or Two-family Dwelling for that particular Striict»re. shall not be
considered as a Nonconforming Structure such that it may be fully replaceable in its
existing footprint and of the same size and architectural design, subject to all applicable
building codes and other Land Development Regulations controlling Development and
redevelopment of such Tots or parcels. Any construction that exceeds the existing
footprint shall he in compliance with all applicahle provisions of this Chapter including
minimum Yard Requirements.
ii. Structures damaged, destroyed or demolished or expanded, by any means resulting
from the actions of the property owner or authari'ed agent for a property owner_
Single-family or Two-family Dwellings, which are rebuilt or renovated, or expanded by
more than twenty-five percent PS"/n) in Eloor Area, shall he cuhiect to applicahle
provisions of these Residential Development Standards for that portion of the Structure
that is rebuilt, renovated or expanded.
SFCTil1N 7, This ordinance shall take effect immediately upon its final passage and
adoption and shall be recorded in a hook kept and maintained hy the Clerk of the City of Atlantic
Beach, Duval County, Florida, in accordance with Section 125.68. Elorida Statutes.
Pasted upon first reading and puhlic hearing hy the City Commission of the City of Atlantic
Reach this 28th day of August, 'MM. Passed upon final reading and puhlic hearing this 1 1th day
of September, 2006.
Approved as to form and correctness:
AT AN C. TFNSFN, FSQTTTRF.
City Attorney
ATTPST :
D(INNA 11TTSSRY
City Clerk
Pages 7 of 7
T)CINAT.T) M, WCIT.ER(lN
Mayor/presiding nfficer
Clydinance Numher 90 -(1F -19S
Effective Date:
AGENn a 'TEM # 7R
SEPTPMPER 11, 20(16
OPT)TNANCF. NO. 20_06_80
AN ORDINANCE AMENDING THE OPERATING RUT)GFT FOR TAF.
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL VFAR
BEGINNING OCTOBER 12 2(1(15 ANT) F.NnTNf SEPTEMBER 10. N106.
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
WHF.RF.AS, 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 are needed to fund the contract services for Building Code
Administration for the remainder of the year. The services will include plan review and some
inspection services due to a shortage of City staff.
NOW, TAF.RFFORF2 RF TT FNACTE+ T) RV THE CITV COM IISSInN ON
BF.HAI,F OF THF PF.OJ I.F OF TIFF CITY nE ATLANTIC REACH, FT.012MA, that:
1. The Fiscal Year 2005/2006 Final Budget he amended as follows:
General Fund
Expenses:
Building nepartment
Cnntraot Services $13.200
Total General Fund $11,700
Change in Fund Balance <$13,200�
2. This ordinance shall take effect immediately upon its adoption.
Eonssed by the city commission on fust reading this 98th day of Ault, 2006.
Passed by the City Commission on second and final reading this 11th day of September,
2006.
Donald M. Wolfson
Mayor / Presiding Officer
Approved as to fora, and cnrce"tness:
Alan C. Jensen, Rsquire
City Attorney
A TTP ST:
Donna Bussey
City Clerk
AGENDA ITEM.
T) A TF:
CITY OF ATLANTIC REACH
CITY COMMISSION MEETING
STAFF REPORT
T Ttility R ate Increase ORDINANCE NT TMRRR R0-06-73
Septemher 01.700f
sTTRMTTTFT) RV! Nelson Van Liere. Finance firector
BACKGROUND:
MIDGET:
APFNnA ITEM # 7r'
SPPTPMBER 11, 9nn6
1luring the development of the proposed Operating budget for the
fiscal year ended September 30, 2007, staff estimated that at least a
three percent water and sewer rate increase would he necessary to
fund the ongoing operations of the utility. This ordinance
increases the water and sewer rates by three percent.
R;sing costs of operations coupled with the declining water volume
sales makes this increase a necessity. The financial statements
presented to the city commission for the year ended Septemher
30, 2005 indicated that the utility met bond coverage requirements,
but only by a small margin. The Ev2007 proposed budget
indicates that the current year estimate for the change in fund
balance of the utilities combined is a red»ctinn of $454,ROR.
The budget impact of the proposed three percent increase is
approximately 5171,x93. This amount is included in the Ev9on7
Proposed Operating Budget.
RECOMMEND Approve Ordinance 80-06-73
ATTACHMENTS: Ordinance Rn -n6-73
REVIEWED RY CITY MANAGER:
AGENDA ITEM # 7C
SEPTEMBER 11, 2006
ORDINANCE. NO, Rh -116-71
AN O1121ITNAN( '.. AMENDING CHAPTER 22 UTH,TTWS,
ARTICT •E II, SECTION 22-27 CHARGES FOR WATER
SERVICE, TO INCREASE THE WATER RASE. ANTI
VOLUME CHARGES EOR RERIDE.NTIAI., IR REG ATION
AND COMMFRC.IAT, CITSTOMERS: AMENDING
ARTTCT E ITT WASTEWATER SYSTEM, DIVISION SEVEN,
SF.WF.R ITSER RATES AND CHARGES, SECTION 22-166
MONTHLY WASTEWATER RASE EACTT,ITV CHARGES
TO INCREASE RESTDE.NTIAT, AND C.OMMERCIAI. RACE.
CHARGE, RATES; ANT) AMENDING SECTION 22-167
RCHF1 M.E, OE WASTF.WATF.R VnI.IT , CHARGES TO
INCRE. ASV TNF. RATER EOR WASTEWATER VOLUME
CAARG1 S EnP RESIDENTIAL AND COMMERCIAL
CUSTOMERS.
WHEREAS, the City has determined that it is necessary increase the water and
sewer rates fnr the purpose of generating sufficient revenues to fund current operating
Costs, and:
WHEREAS, the proposed water and sewer budget fnr fiscal year ended
Septemher 30, 2007 inelndec a three percent increase in the virility rates. and
WHEREAS. the city has had declining sales of water due to conservation causing
a reduction in revenues needed to meet upcoming operating needs and the debt service
coverage ratios required by the City's bond ordinance, and
NOW, THERFE(RE, RE IT ENACTED BY THE CITY COMMISSION ON
REHAI.E.nE THE pFnPT.F. nE THE CITY OF ATLANTIC BEACH, FLORIDA,
that
SECTION T. Chapter 22 Utilities, of the Cade of Ordinances of the City of Atlantic
Reach, Elarirla is hereby amended to read as follows:
Article H, Waterworks System:
Sec. 22-27. Charges for water service.
The reasonahle rates, rentals, fees and nther charges for the use of the services and
facilities of the city waterworks system are herehy found and determined to be and are
herehy fixed and established as follows:
A SEND A ITEM # 7C
SP TEMRFR 11,'006
(1) Monthly water base facility charges for customers inside the city: A mnnthly
water Kase facility charge will he levied upon each connection in accordance with she
following:
Encir(anfial
Effective
ClGtOber44005
S O. -I -family residential and single-family individual -metered mobile homes
$6,64 $6.74, per account
FIA nr V.
toultifamjly rocjdeotial
144 $5.06 per unit
$§m- $6,7d
Matter -metered mohile homes
$4.91 $5.06 per site
$7:35
Travej trajierc
$4.A1 $5.06 per site
Notelmntej
$4,41- $5.06 per room
$13.89 $94.31
Nntejlmntal with kitchen
$4.A1 $5.06 per room
(:nmmerrial
2
Master -metered commercial
$6.51 $r; 7d par unit
Restaurants, laundries. and car wash connections
Based on meter size Qhs lo tahja hal_"
Ail other commercial customers
Based on meter cj,e phases in tahja hajow
irrigation
$40:@8- $49.19
All Residential
$6.51 $6.74 accoi int
per
All Commercial
Basad po metar cj7e phaco in tahln helm
Water Kase facility charges fnr the commercial classifications are based »pnn the meter
size and they will hecnme effective as fnllnws:
Meter Size
(in inrhaci
Effective
ClGtOber44005
Fffartive
October 1. 2006
Effective
nrtnher 1, 2nn7
FIA nr V.
$6;54
36,54- $6.74
$§m- $6,7d
1
$7:35
$7,77 $8.00
$8:18- $8.4q
1'/z
$11.41
$13.89 $94.31
4f M-$16.85
2
11
%21.26 $91.1:111
$28.16 $26.94
$29.44
$40:@8- $49.19
$52:32- $53.89
d
AA4,15
$62.95 $64.84
$g1-74- $Ad.21
A
0643
3124.27 $128.00
$163.51 $96A.d2
8
$134.09
$197.85 $203.79
$261.62 $269.47
(2) Schedule of water volume charges for customers inside the city:
A GENDA TTEM ik 7C
gEPTEMBER 11, 9006
a. .'ingle unit . There are hereby -established inclining block volume charges for
single-family residential and single-family individual -metered mobile homes, per account
as follows:
Block
tipper 1 imit
(allons Der Moot►+)
Rafe per Thpncapd
Gallons
]
3.000
$0.23
2
8.000
A $1.R4
3
13,000
$240 $9.1R
4
1R,nnn
$35 $3.24
F
(Ivor 1R.nQn
$44 $4.88
b. Multiple units and commercial accounts. There are hereby -established an
inclining block volume charge for all multiunit residential and multiunit commercial
accounts as follows:
Block
tipper 1 imit
Gallons per Month
(per unit)
Rat per Thousand
Galionc
]
9,nnn
$.022 $n,93
9
nvA,?,nnn
$4-79 $1.84
c. Single unit irrigation. There are hereby -established an inclining block irrigation
volume charge for all single-family residential and single-family individual -metered
mobile homes, per account as follows:
Block
tipper 1 imit
(Ga'lons per Month)
Rate per Thpucand
Gallons
1
13,000
$2-1A $2.16
2
18,000
V1.15 $3.24
3
aver 1 R,00n
$4,74 $4,RR
11• Multiple unit and commercial irrigation. There are hereby established nn
inclining block volume charge for all multiunit residential irrigation accounts and 11
commercial irrigation accounts as follows:
Blocs
Upper Limit
(Gallons per Month)
Rate per Thousand
Gallons
]
3,nnn
$.022 $n,9
9
(Ivor 3 nnn
$.1-79 $1.84
' SEND A TTEM # 7C
SFpTEMRER 1!, 1006
(3) Customers outside the city. The rates applicable to customers outside of the city
shall he one and one-quarter (1.25) times the rates ahove for both monthly water base
facilites charges and water volume charges.
ARTICLE III WASTEWATER SYSTEM
nivision Seven, Sewer user rates and charges,
Sec -17-166. Monthly wastewater hate facility charges,
wnQtewater hasp facility charges will he levied monthly as follnwc:
(a) Monthly wastewater base facility charge for customers inside the city. A
monthly base charge will be levied upon each connection in accordance with the
fnl l owing:
An equivalent residential unit (FRU) is defined as a wastewater connection that delivers
three hundred (Inn) gallon' per day (gpd) of typically domestic wastewater flnw to the
waste stream, or equivalent to a residence serviced by a three -formals -inch watt meter.
Racidea#iII
ERU factor
Single-family residential and single-family
individual -metered mobile homes, per account
$13.6g $14,1 n Qar arrni tut
Multifamily residential. per unit
$10.27 $10.s8 per unit
1.28
Master -metered mobile homes
$10.27 $10.58 per site
2.08
Travel trailers
$Ili P.47 per site
9.1111
Hotel/motel
$6:85 $7.0R ger room
5.an
Hotel/motel with kitchen
$g.22 $R,47 or roma
Commercial
Master -metered commercial
c,?.ao $14.10 per unit
Ractaurants, Iauoddes, aol car wash connecfionsa
$14.10 V ERU factor
All other rnmmarrial auctnmarc
$1,16g $14.10 " FPLJ factor
The ERU factor for the onnamt.rninl clacsifratinn is hased upon meter size as follows:
Meter Size (in inched
ERU factor
518"3/,
1.00
1
1.28
1
.4
2.08
9
9.1111
3
5.an
AGENDA TTPM # 7C
SEPTEMBER 11, 2006
4
1 n.On
6
20.00
8
30.00
2
(h) Customers outside the city. The rates applicable to customers outside of the city
shall he one and nne-quarter (1.75) times the rates above.
Sec. 22-167. Schedule of wastewater volume charges.
(a) Customers inside the city. There are hereby established block volume charges for
customers inside the city as fnllows:
(1) Single-family residential and single-family individual -metered mobile homes. per
account as follows:
Block
Lipper Limit
(Gallpne ger Month)
Rata per Thousand
nollone
1
3.000
$9:46 $0.47
2
13,000
$3:60 $3.91
s
oyer 13,000
$0.00
(9) Multiunit residential and n11 cnmmercial units as fnllnws:
Block
UQer I 'mit
(Gallons per Month, per
Unit)Gallane
Ram per Thousand
non
$9:4& $0.47
2
Over 3.000
$3:89 $3.91
(b) Customers outside the city. The rates applicable to customers outside of the city
shall he one and nne-quarter (1.25) times the rates above.
SECTION 2. Severability
Tf any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in
no way affect the validity nfthe remaining portions of this ordinance.
AGENDA ITEM # 7C
SEPTEMBER 11, 9nm
CFCTION 3, F,ffective Bate
Th;c ordinance shall take effect upon its final passage and adoption.
Passed by the City Commission on first reading this day of septemher,
2006.
Passed by the City Commission on second and fmal reading this day of
Septemher. 7006.
nonald M. Wolfson
Mayor / Presiding nicer
Approved as to form and correctness: ATTEST:
Alan C. Tensen, Fsquire
City Attorney
Donna Bussey
City Clerk
AGENDA ITFM # 7n
SEPTEMBFR 1 1,')nn6
ITV OF ATT,ANTIC REACH, FLORIDA
CITY C(1MMISSU1N MEETING
STAFF REPORT
AGENDA ITEM: Public Hearings on adopting a Tentative Millage Rate and adopting
Ordinance #20-06-S1 establishing the Operating Budget for fiscal year
2006/2007.
SUBMITTED BY: Nelson Van Liere_ Finance Director
DATE: September 1, 2006
RACIlf_R(1IT in In order to adopt a millage rate and Operating hndget, the City
Commission must adhere to a strict process per state law. Please find attached an outline for
the public hearings to be held on September 11th, 2006 in the Commission Chambers at 7:15pm
as was noticed to all property owners by the Duval County Property Appraiser's Office. The
format is the same as last year and is to be read into the record as presented in order to assure
compliance with the TRIM laws (000,065, F.S.).
Prior to these hearings, the City Manager presented a Proposed Operating Budget and hell
three workshops to review and make adjustments with the City Commission's guidance. The
Proposed Operating Budget as amended is funded using the millage rate of 2.9974 mills. This
repreCents a 1 n.1 5"-/„ increase over the rolled hank -rate of 9.7911 mills.
There will be a second public hearing for the final adoption of the millage by resolution and a
second public hearing for the final adoption of the Operating Budget, Ordinance #20-06-81, on
September 25th, 2006. — —
RF.COMMF.N11 ATI(1N:
1.) Hold two publiP hearings as described in the attached outline to approve both
the Tentative Millage Rate of 2.9974 mills and the Operating Budget Ordinance
#20-06-S1 with total expenditures of 5R26,059,756 in that order by separate vote.
2.) Set the Time and late of ,he Second Public Hearing at September 25, 2006 at
7:1 Spm. In the COmmissinn Chambers of City Nall
ATTACHMENTS: Agenda for Public Hearings
Ordinance # 20-06-81
Proposed Budget Revisions
Rndget Summary of all Funds
REVIEWED BY CITv MANAGER:
AGENDA ITEM # 7D
SEPTEMBER 11, 2006
A1)fbPTIfbN (W A TENTATIVE. MII.I.AGE AND MPF.RAT1NG I%ITI'r(ilF'T Ft1P
FMMCAI. VF.AP 2006/2ff7
First item to he considered:
A doptinn of a Tentative Mill age R ate
State the following:
The Millage Rate is
The Tentative Millage Rate is
2.9974
2.9974
The Roll—Back Rate is 2.7213
The Tentative Millage Rate is 19.15""-% hivher than the Roll -Rack Rate
The purpose for the increase in ad valorem tax revenue is to maintain adequate
funding for the existing level of service at anticipated increased cost.
Motion to adopt a Tentative Millage Rate for operating purposes of 2.9974
Open Public Hearing
Close Public Hearing and Vote
Second item to be considered:
The Ordinance #20-06-81 establishing the Operating Budget for fiscal year 2006/2007
of V.6,059,756
Motinn to arinpt nrdinanre W2f1-(16-R1 establishing the operating Rurdget for fiscal year
"006/"007
Open a Public Hearing
close Puhlie. Hearing and Vote
A rPNn A ITEM # 7D
SFPTP?JIRER 11.2006
fRTITNANCF. N(l. 2n_n(_R1
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR TIIE
CITY OF ATI,ANTIC REACH, FLORIDA FOR FISCAL YEAR
RF.f TNNTN(i' OUTORF.R 1, 2006 AND FNDING SFPTFMRF,R 302
711117.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 11,
200t, held a public hearing as required by Florida Statute 200.065; and
WHEREAS. the City P0mmissinn of the City of Atiantir. Reach, Elorida, set forth the
appropriations and revenue estimate for the budget for Fiscal Year beginning nctoh ff 1, ?nnA
and ending September 30, 2007 in the amount of $26,059,756.
NOW, THF.RF.F(1RF. RF. IT FNACTF.D RY THF CITY COMMISSION ON RF,HAT.E
OF THE PFOPT.F 0T+ THE CITY 01? ATLANTIC REACH. FI.()RTDA, that;
1. The fiscal Year 2006/2007 budget be adopted. and
7. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of September 2006=
Passed by the City Commission on second and final reading this day of September
2006.
Donald M_ Wolfson
Mayor / Preeiding Officer
Approved as to form and correctneee:
Alan C. Jensen, Esquire
City Attorney
ATTEST:
Donna 1( Bussey
City Clerk
AnuNDA ITEM # 7D
SEPTEMBER 11, /nn6
Proposed Budget Revisions
After the conclusion of three budget workshops. the Original proposed Rudget for the fiscal
year ended September 30, 2007 has been increased $939,049 to $76.059.756 from $75,1 70,707
to include the following items:
Revenues:
• General Mind revenues were increased 4,500 to allow for an increased in the
occupational License Eees
General Fund Revenues were increased by $30,125 due to the proposed increases in
those programs of the Creneral Fund that are charged to the enterprise funds.
General Fund Transfers from Sanitation were reduced by $51,400 to reflect the
reduction in available funds.
• Decrease of $51.400 in Sanitatinn revenues is the res„lt of deferring the proposed 16%
rate increase until January of 2007,
• Interest in the Half rent Sales Tax find was reduced hy $77,000 to reflect the smaller
cash balance as a rezult nf adding $557,500 in capital expenses to the proposed budget.
-Expenses:
a Citywide Salary and Renefits proposed has been increased hy a tntal nf %777,654,
Included in this change is the 3.5% cost of living adjustment for salaries and the
upgraded assistant to the City Clerk position.
General Fund Revisions %elude_
• The proposal now includes $9665 to fund the request of Friends of Atlantic Beach
Rlementary Schnnl of assistance with field maintenance.
The proposal now includes S5,000 to assist Jax Beach Elementary School request for
assistance with the rehabilitation of a historic school building.
a The proposal now funds $18.500 towards Mayport Middle School enrichment
programs.
Ralf Cent Sales Tax arIi'itions:
Funding of $17,500 to rehab half the lights to new standards at Russell Park,
a Funding of $100,000 for the purchase of the R1100 -flan Trust property for preservation
is now included.
• ped -paths from Eive points to SP1va Marina Drive is funded at $120,000.
New sidewalks in the Marsh Oaks area are funded at S120.000. Specific locations to he
identified after more input obtained.
Convention Development Tax Fund additions:
▪ The Chamher of Commerce was funded at $10,000.
Additional funds of $150,000 for the purchase of the R„ckman Trust property are
included in this budget.
a Public Art was re -budgeted with the unspent fiords of the current year at %45,000.
Other:
The adjustments to salary and benefits above also indirectly affect the allocations of
internal charges to the enterprise funds. These changes totaled $30.1')5 divided among
the Water, Sewer, Stormwater and Sanitation funds.
AflPND A 'TEM # 7D
SFPTFMRER 11. 2006
City of Atlantic! Reach
(_omhined Suww ry of Ravenuac and Fvpendifures
Summary of all Funds
Cash Forward
Revenues
Proposed
Actual Arhial Fctimatp Budget Increase
2pp3-2pnd 211114-2005 2005-2006 2006-2007 (Decrease)
24,187,312 23,912,693 25.274.211 23.885.704 (1.388.5071
(eperal Pupil Q,1n4,743 Q,777.RCIR 10,171,084 10,576,532 455,448
Special Pe"ej ue Funrlc 1,R1R,R81 1,Rs0,n4R 1,769,474 1,645.824 (123.650)
neht Service Fund 71,748 73,899 72.300 73.048 748
Capital Project Fund 1.313 286 0 0 0
Enterprise Funds 9.430.044 10.640.628 8.691.617 10.07,1.70' 1.1111,0115
Trust and Agency Funds 1.514.621 1.006.544 1,7d2,gRA 1.RR2 996 11 Q.RA9
Tote Reveunes 21,741,150 24,228,911 22,396,859 24.232.332 1.835.473
Other Financing Sources 170.046 85.098 0 n n
Total ResourvVc AR,22R702 &7,671,g70 ARA 18,036 ddR,966
Fxpendithres
General Fund 9,201,335 10.705.647 Q.Q7n,QRR ]].]7 ,522 1 9n2sR7
Special Revenue Funds 1.822 don 1.868.1121 2,2R7,1Q9 9,335,639 (81,5Rn)
nebt Service Fi incl 71,1102 79.49Q 71.50x, 79,477 Q77
capital Prpiart Fiipri 111.477 27,Q3R n 0 0
Fotemrice Fundc 9,38,160 0,152,583 10,645,302 11,617,279 971,977
Trust and Agency Funds 612,340 703,990 806.712 860.846 54,134
n1VI_clnhl Tnrei S 211755,Rnd 22,R17,RQR 23,761,686 26,09,756 2,148,090
Other Financing Uses 1,430,011 334,885 23,700 0 -23.700
Cash Reserves 23.912.693 25.274.211 23.885.704 22.0;8.280 f1.R97 d9,11
Total Fvpencac and Cach AR,09R,SAR AR,22R 702 d7,671,11711 48,118,0 6 296,966
Resource Allocation
Personal Services
nperatin9 Fvpapcac
capital nutI'v
neht Service
Transfers
Total
7,61r,,2Qc 7,RRQ,1Q9 R_35Q,1d3 Q.1.1A.9NO Q77,107
7,14.7.1111 7,5Rd s59 8,813,030 8,746,415 (66,615)
2.112,781 9 4X 5Rn 4,122,180 4,958,337 836-157
1,771,904 1,607,370 1,678,236 1.675.695 (2,541)
2,109,311 3,132.812 789.077 1.343.059 553.982
70 7�S,R0d 22,R17,RQR 23,761,888 2609,756 2,298,090
AGENDA ITEM # 7F
PPTEMRER 11, 2006
CITY nF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGFNI)A IT
FM! Introduction and First Reading of Ordinance No. 45-06-1 R
SUBMITTED BV: Tonna Bussey, City Clerk
—
DATE: September 1, 9006
Ch. 205. has been amended, changing the term "local
RACurROUN>n: Florida Statutes. tax" tax" And defining the term
occupational license to local business tax
"receipt" AS it relates to business taxes, in place of the termby local
"occupational license". Changing the name of the item issued
governments from occupational license to local business tax receipt is
a measure the legislature took to eliminate fraudulent
misrepresentations made to consumers using a local occupational
license as proof of competency to perform various repairs and
services. This change is effective Tanuary 1, 2007. The changes may
be adopted prior to the effective date.
Tn addition, Florida Statutes, Ch. 205. s. 205.n515(4), provides that
municipalities may increase the rates of these business taxes by up to 5
percent every other year. Our business taxes (previously referred to as
"occupational license fees'') were last increased in 2001.
We have revised our ordinance to reflect a rate increase of S%, with
resulting rates rounded down to the nearest even number penny. Per
Florida Statutes, Ch. ')n5, s. 205.05 5(4). the increase, however, may
not he enacted hy less than a majority plus one of the governing 1,ody
RITDGFT;
We anticipate an increase in revenues of approximately Sa,500 due
to these rate increases.
RECOMMFN>nATInN! Pass Ordinance No. 45-06-18 on first reading and set for public
hearing on September 25. 7006.
ATTACHMENTS:
Ordinance No. 45-n6-1 R
Reviewed by the City manager:
AGENnA ITEM # 7E
EPTFMBER 11, 2006
ORfINANCF NO. 45-06-1 R
AN ORDINANCE AMENDING TT -TR CODS OE ORDINANCES OF TT -TE
('IT
v OF ATT.ANTIC RF•ACU, AMENnING CUAPTER 9.0, TAYATInNT,
CENSE TAX AMENDING THF.
AR -IV -IF III. O(''CTTpATIONAT. LI T.00AL
TERM T .00AL DCCT TPATIONAL T .TCFNSE TAX TO
BT TSINESS TAX: AME ING
Nn SECTION 90-51. DEFINITIONS. TO
CTTP TI A ON ENSE 10 AL LIC
CU ANGE TUE, TFR M FOR T A T .00 . OC RECEIPT
STNFSS TAX ANT) TO ATPD A DP.EINITTON FOR
LOCM, BU SE('TION �0-59.
AS IT RFT.ATPS TO RTTSINESS TAXPS; AMENDING
AMENnTNG PROVISIONS IN ARTICLE. TV„
SCHEDTTT.F. OF FEES: �n_7g
INSI TRANOF PREMUM TAXES, SECTIONS 20-16 THROT TGH ,
TO CONFORM TO THIS NFW TF.RMINOT •OGv; PROVIDING AN
EFFECTIVE TATE
T RV THE CITY COMMISSION ON RFHAT .E OF TUE. PEOPT .F.
BE T ENA �CTE D
OE THE CITY OE ATLANTIC BRACH, FTOR IDA:
SECTTON 1. Chapter 70, Taxation, Article III, is hereby amended to read as follows:
T,OCAL RUSINF.SS TAX
business taxes. E.S. Ch. 705
ARTICLE. TTI.
State law references: T •ocal
SECTION 2. Section 70-51, nefinitions, is hereby amended to change the following
term and add the following definition:
11 mean the method by which a local
Local • • husiness tax shall any business
grants the privilege of engaging in or managing
governing authority
profession or occupation within its jurisdiction. It shall not mean any fees or licences
paid to any board, commission or officer for permits, registration, examination or
these are deemed to be regulatory and in
inspection. T Tnless otherwise provided by law, _ . business tax receipt
addition to. and not in lieu of, any local
imposed under the provisions of this chapter.
Receist means the document that is issued h
the words "T ocal Rusiness Tax Recei
document is issued -has co
business
�n-59, Schedule of Rees Rates, is hereby amended to read as
SECTION 1. Section - -
follows:
No person, firm or corporation shall engage inor m managet ad paving an annual tax,
or occupation without first obtaining a �____
which cha11 be assessed ac follows:
the local
overnin
t” and evidences that the
•� of
authorit
erson in whose name the
iter relating to the
which bears
this cha
any trade, husiness, profession,
AGENDA ITR.M # 7P
SEPTEMBER 1 1, 9n06
MANUF ACTT TRINCT EST ABT .ISHMFNTS:
Manufacturer, all:
X88=
0--1,500 sq. ft.... $903n
1,5n1--5.nnn sq. ft.... 146704
��
Six0.74
5 001--15.nnn sq. ft.... $3n'2•4ft
15 001 sq. f+, and over • • • (Physical facili+y�
pROFF.SSInNAT� ESTABT .TSHMFNTS (Phy
• - - -business tax receipt to practice any
pro person agulated fora ` department of professional regulation, or any other state
profession regulated by the state departregistration, or
„ active state certificate, g
commission thereof, must exhibit ahe isc7t o This
board or co _ , business tax receipt may
license, before the = - `' `•--f Nit shall not be limited to the
classification of �e lius---mess tax sha11 consist o •
following types of b"siness talc for the professional
the }ioe� h,�sin_ e_-
s, andindicated.
estahlishment shall he assessed at the rate i
$5-1414:5_,Qoug,00
S51.540--1,5nn sq. ft. ...9 O n
1,Sn1--5.nn0 sq. ft.... $120.4
15,01 sq.
Acco»ntancy firm/corporation
Architect firm/corporation
Air conditioning/heating
Attorney firInkorp^-ration
Ranier shop
Beauty sh^-p Mort aye, stocks, bonds
Brokerage flnn/corporation: g
B»ilding contractor
Cosmetology salon
Cosmetology school
nay care, adult
nay care, children
Dental lab
Detective/investigative agency
Diet1weight c"ntrol center +rade. technical)
Edue2tional establishment
Electrical contractor
Engineer firm/corporation
Funeral home
General r.ontractor
Hearing aid center
Insurance agency
T .and surveyor business
A r;FNn A ITEM # 7E
SPPTPMRER 11.2006
T ,andscape architect firm/corPora+ion
T .oan company
Massage establishment
Mechanical contractor
Medical office
Miscellaneous, other than listed
Nursing home
optometry office
Pharmacy
Plumhjng/septic tank contractor
Pool/hot tub/spa contractor
eal estate appraiser
Real estate agency
Residential contractor
Roofing contractor
Security systems contractor
sheet metal contractor
Solar energy contractor
Title company
Underground utilities contractor
Veterinary establishment
Banks, national or state, credit union .. .
$24844 $102.4n
Tnsurance company within the municipal limits of the city,
(Transacting any class of insurance munic� at boundaries)
whether or not maintaining a place of huffs within
SL64 thep
htis h sical facility), each
Tn addition to the license for the professional establishment L y
professional engaged in such practice or profession shall pay a }ebusiness tax asjl of he
indicated. This classification of ehusiness tax shall consist of. but s
limited to the following:
SA -8344
1nR.t4
Accountant. each...3
Acupuncturist • • • (131-1500.887144
108.14
Architect ... , n inn $1 n 8.14
Attorney ... 103440$1 �R.ld
Auctioneer .. . 103440
S15.70
Barber . . . �q_gg3
5.70
Beautician .. •34,00 �5
Building contractor . • . 141-1,440 $108.14
chiropractor .. • 3-4-700 $' 5.70
Cosmetologist .. •8 SIC .70
Dental hygienist .. • 34780 X35 7n
Dental radiographer .. .
AGENn A ITEM # 7P
SEPTEMRF.R 11.200
4-03789 $1 n R 14
f)entist .. • egg $ 5.70
trete&ive/investiga+or . • • 0g $15.7n
nietitian ... 3-47
8 $1 5.70
E1 ectrici an . • • 443,00$108.14
Engineer . • . egg $10 4
Funeral director/embalmer . 34-88 $15.7n
General contractor . • • , n $108.14
Hearing specialist • • 4-0-3,0-0 $108_14
Insurance .agent.. a-8343 $1nR,14
Land surveyor ... 1-4-3-04 $1OR,14
T,andscape architect ...03 1 g4
Marriage or family counselor ... $34-88 $1 O .11
Massage therapia ... g $1 0..14
Mental health counselor .. 303 $35,70
Miscellaneous, other than listed .
34-89 $35.70
Miscellaneous contractor ... 3 . $15.70
Mortgage broker ... 34-88 $�5•7n
Nail specialist ... 34-88 $15,70
Full specialist (nails/skin care) .
4-3:99
Naturopath ... 4- n $1nR,14
Nursing home admin strator ...n $108.14
C)ccupational therapist ... n $1_ 08 .14
optician ... $108.14
8
$108.14
Optometrist ... m t
Pharmacist (Exempt - F.S. 9.05.19�) ExeP $108.14
Physical therapist ... 4-14-1,00
-A8 $1 M .14
Physician ... 3488 $35,70
Plumber ... -144-3700$1nR.14
�
Podiatrist . • • 8g $10.143~ 99
Professional, other than listed . 4 $108.14
Psychologist ... a $i Oi
Real estate appraiser ... 3-44.70
� $15,70
Peal estate sales agent ... X90 $35,70
Real estate broker ...g $35 7n
Residential contractor ... 4.0 43 $108.14
Respiratory .are practitioner/therapist ... $108.14
tocks/honds broker ... ,i n $108.1a
veterinarian • •
RETAIL ESTABT TSHMF.NTS:
The l;eese-feehusin ess tax for retail establishments shall be assessed at the following
rates:
0--1,500 sq. ft... •
1,501--5,000 sq. ft... .
,Og $53.54
$6-99 $90.30
5,001--1 S,nnn sq. ft... .
15,nn1 sq. ft. and over .. .
A $12n.74
2RR,011 $1n7,4n
Antiques
Appliance sales
Art gal l ery/rl eal er
Art framing/arts and crafts
Auto new/used
Auto parts/supplies
Bakery
Beauty supply
Bicycles
Boat, new/used
Rook stores/stationers
Building supplies
Butcher/meat market
Cabint/carpentry shop
Candy/pop corn
Ceramics
Clothing
Collectihles
Communications equipment (cell phones/beepers)
Computer, hardware/software
Convenience store
Cosmetics
Crafts/home accessories
Gifts/greeting cards
Decorator sales
Delicatessen
Department/variety store
Electronic equipment/radio/telsi on
Fabric shop
Fish/seafood market
Fishing supplies (bait and tackle)
Eish: tropical /aquarium
Floor coverings: carpet, tile, etc.
Florist, cut flowers, plants, etc.
Furniture sales
Garden center/nursery
(las. T .P dealers
Glass: auto. plate. window. mirror
Grocery store
Guns/firearms dealer
T-Tardware store
Health food store
Tce
cram vendor (mobil)
AGENDA TTFM it 7E
SEPTEMRFR 11, 2006
AGENn A TTFM # 7F
SEPTFMRFR 11 ')MA
Tce cream parlor
Internet sales
Tewelers
Liquor store (not for consumption on premises)
Lumher yard/sales
Mail order/catalog sales
Marine equipment/supplies
Miscellaneous sales, other than listed
mobile home/RV dealer
Motorcycle sales, new/used
Music shop
Office equipment/supplies
Optical devices/equipment sales
pawnshop
Pet shop, sales/supplies
Photographic equipment/supplies
Plumbing fixtures/supplies
Records/tapes/CD/video sales
Secondhand/thrift stores
Shoe sales
Sporting goods
Tobacco products
Toy store
Trophy/award sales
Video equipment sales/rental
Wall avering/window treatment
Water companies, bottled or hulk
SERVICE ESTABLISTTMENT�:
The Ii cambusiness tax for service establishments shall be assessed at the following
_----
rates:
0--1.5nn sq. ft....88 $51.54
g $9n.�n
1,501--5,n00 sq. ft.... „� $12n.�4
5,nn1--15,nnn sq. ft.... $302.4n
15,nnl sq. ft. and over ... -8,00
Advertising agency. firm or corporation engaged in creation. production or sale of media
intended to promote or advertise
Advertising, billboards, highway and wall signs (covering fabrication, erection and/or
maintenance of any type sign which is located on private property. exclusive of neon.
which is covered under general 1 14serecei t)
AGPNDA ITEM 7P
SEPT> MBER 11, 20m
(general terecei t covering all phases of advertising as defined
Advertising. outdoorservicing and
in F.A. Ch. 479, relating to outdoor advertisers and including erecting,
maintaining of electrical and neon signs)
Animal grooming/kennel
Apartment huildina/complex (Based on total sq. footage)
Appliance service/repair
Auto:
Car wash
Customizing/detailing
Oil change
Machine shop/welding
paint and body shop
Rental/U-drive
Road service/towing
Service/repair
Stereo/accessories installation
Storage
Tire dealer
Service station
(The number of pumps shall be calculated either individually or by island
as numbered by the service station)) $53 54
1--4 pl1mps ... $90.305--A pumps ... X88 $12(1.7
10--17. pumps ... $3(12 40
Over 12. pumps .. .
Rar/lounge/tavern recei t adds X59.84
With one (1) COIp 1 ease , 0.74
With 2 COP erecei t, add ... ,, $� $12122.54
With 4 COP tk-enserecei t, add ... �3n2.40
74
With lounge and/or micro brewery, add ... 9 =-
Boat repair
Bowling alleys
Bookkeeping
Building inspection
Carpentry
C`armet r1eanerq
Catering
Cement/stone/brick
Cern etery
Charter vessel %51.44
Pach vessel up to 25 ft....
$1 1.(12 per foot additional for vessels over 25 ft.
Plus 8
Vessels over 25 ft. require city commission approval
Cleaning/janitorial/maid service
AGENDA ITEM # 7E
SEPTEMBER 11.2006
Computer services
computer classes
Consultant/Rystems analyst
Computer repairs
Software programs, writing of
Consultant, not otherwise classified
Country cluhR4
With 1 COP serecei t, add ... 5-740 i n 59. 59. 4
With � CDP i• , �recei t, add ... 8 $�42 Sd
74
With a COP lieenser�
ecei t, add ...
With lounge and/or micro brewery, add ... $ 7119.402 O _--
Dance hall XR4
With 1 COP 1 S59 ereceipt, add ... , Q 19. 74
With 7 COP lieenserecei t, add ... X88 $140 Sd
With a COP l-ieTecei t, add ... $1n9 .40
With lounge and/or micro brewery, add ... 28-8-:88
Tlelivery/messenger service
Decorator/interior design
Drywall installation
Dredging/excavation contractor
Employment agency
Environmental services/consultant
Fences, metal/wood contractor medium, etc.
Fortune teller. clairvoyant, psychic, palmist spirit
Financial consultant
Foundation contractor
Fuel oil service
Furniture repair/upholstery
Glass tinting/coating
wealth spa/gym
uotel/motel/rooming houses
With 1 COP erecei t, add . i n S59.8a
5.7,013 59.81$1 a
With 7 COP }ierecei t, add .
With a COP }ieenser2-2,144
�, � $,ecei t, add ... .54
With lounge and/or micro brewery, add ... 8 $3m
40
Tnsul ation contractor
Instructional establishment:
Arts/crafts
Com puter/secretarial
Vance/music/fine arts
Karate/martial arts
Trri ation contractor
Jun*/salvage yard
Land development company
T,andscaping/lot clearing
T .aundrom at, self service
AGENnA ITEM # 7E
SEPTPMRER 11, 2006
T.aundry/dry cleaner
Lawn/yard service
Linen service
Locksmith
Machine repair/fabrication/welding or business of another person, firm or
Management company (Managing the property
corporation)
Manufacturer's agent/representative
Marina�> 99 $11.54
Per slip/space up to 50 ft. . . . fent 0 ft.
Plus additional -1-x$11.54 for each additional
Maxine construction (docks etc.)
Masonry/ceramic tile
Minor contractor (Miscellaneous odd john/repair)
Miscellaneous service estahlishment, other than listed
Mobile home parks
Motion picture theater/establishment
Motorcycle repair
Moving/storage company
Newspaper, branch o face/p„hlishing
office equipment maintenance
Packing/shipping/mail service
Painting/paper hanging
Pest control /exterminator
Photographer
Photo processing service
Piano tuner
Pool service/maintenance
Printer/print chop
Process server
Promoters of entertainment, exhibits. shows, event planner
Publishing/public relations company
Radio station/broadcasting company
Radio/television/VCR repair
Recycling company
R entals:
Bicycles
Equipment
Furniture/appliances
Video tapes. etc.
Other
estaurants (this classification
so includes snack bar nd $��4t my
service)
With 1 COP'rt, ad ...
With C( e serecei t, add ...
2-1-1,0-0 $249 4
With 4 COP sereceiPt. add ...$102.40With lunge and micro brewery, add . . . 28-8,40
Af;FNnA ITEM # 7E
SFPTFMRFR 1 1, 9nn6
Screen printing
Secretarial service/plata processing
security systems monitoring se
ice
Septic tank cleaning
Shoe repair n builders
Sign painters/sig
solicitation, door to door (unless exempted by Chapter
Signs, electric/neon chapter 18 of this Code or E.S.
496)he cost of investigation, section 1R-3 of this 'ode)
(Plus fig$_ x.74 to covert _
Small engine repair
Sprinkler systems (fire)
storage/mini warehouses
Tanning salon
Tailor/dressmaker
Telegraph Service
Telemarketing
Telephone answering service
Trailer park/tourist camp
Travel agency
Tree service/tree surgeon
Water softening/conditioning
Web site consultant
Well digger
Window installation/service
(�t1Lr service estahlishments:
Telephone company (suhject to franchise)
'�'
First l.nnn phones or instruments or fraction thereof, per phone or instrument
S,mR
operated or installed .. .
:8�
hoinstruments or fraction thereof over l,nnn, per phone or
Second 1,nnn p nes or '$.n62
instrument operated or installed ...
7a6niments, per phone or instillment operated or
All over 2,n00 phones or Inst -945 $.Oaf
installed .. .
Transportation: h sines establishment (physical facilityl,
In addition to the }i:eerrserecei� for the u. business tax fee for
each individual engaged in transportation ess,s follows:
ay a ase each vehicle involved in the
Taxi/limousine service 8 X29 4n
Limousine, per vehicle ...$28 $79 an
Taxi cahs .. .
Towing/wrecker service $29.40
Towing/wrecker service, per vehicle . .
Trucking
AGENT) A TTEM
SEPTEMTIF.0 11.9nn6
Teck, per vehicle .. . 28,00 $79.40
Vending machines: machines halt be the responsibility of the
The �itrgreceipt for-ef vending he in addition to other
business where the vending machines are located and shall
license(s) required
for the business. Vending machines shall mean any
amusement/game machine. pool/billiard table, electronic music machine and any
machine which dispenses a product.
a $�9 4T)
n--3 machines ... $59 R4
4--10 machines ... X00
t 1--19 machine " $120.74 . • • $102.4n')n or more machines (arcade) ... 28&0€
: - - bu��nPss tax receipts
Commission approval will be required before �husiness taxes shall be as
will be issued for the fallowing businesses, and
follows:
Passenger vessel
1--50 passenger capacity ...
51--100 passenger capacity .. • �� a 1 -50
5 0
101 or more passenger capacity • • • S G
Day labor employment service .. .
ol,5ti� c,A
Escort service ... 8 08
Body piercing/tattoo artist ... 9-77-5-627-5-€1
� sT, 00
T ingerie modeling shop ... ,,62 cn
900 telephone service or equivalent -� `��
Sexually oriented live entertainment 0
Teen club .. . 5724
5116.60
S1.157.h7
$144 701.12
$5 788.19
$2R 940.69
S22n 5T)
$78 940.0
$78,940.67
VR 940.67
$5517..50
SECTION 4. section 90-76, Casualty Risks, is herehy amended to read as follows:
Sec. 20-76. Casualty risks.
There is herehv assessed, imposed and levied on every in hall hereafter eno nce erati or
corporation
othPi insurer now engaging in or carrying on.h d
carry on the business of insuring with respect to casualty risks, as shown by the drecor s
of the insurance commissioner of the state, an excise or sebusiness tax in addition to
_ excise tax
any 1ebusineSs tax or - • .. S,nR of
levied bythe city, which tax shall he in the amount as established by E.S. 18
now _ledpolicyholders on all premiums collected
the gross amount or receipts of premiums from p within the corporate limits of the city.
on casualty insurance policies covering property
S
ECTTON 5. Section 20-77. Property insurance, is hPxehy amended to read as thllows:
Sec. 0-77. Property insurance.
AGENDA ITEM # 7P
SEPTFMRER 11, 7nn6
There is herehv assessed, imposed and levied nn every insurance company, corporation
or other insurer now engaging in or carrying on. or which shall hereafter engage in or
carry on the business of property insurance. as shown by the records of the insurance
commissioner of the state, an excise or liccnscbusiness tax in addition to any
lirpncnhusiness tax or excise tax now levied by the city, which tax shall be in the amount
as estahlished by F.S. 175.101 of the gross amount or receipts of premiums from
po1icyholders on a11 premiums collected on property insurance pnlicies covering property
within the corporate limits of the city.
CPCTTON 6. Section 70-78, Payment date, is hereby amended to read as follows:
Sec. 20-78. Payment date.
The liccnscbusiness or excise taxes levied in section 20-76 or 20-77 shall be due and
pavahle annually on the first day of March of each year.
SECTION 7. This ordinance shall take effect Octoher 1.7nn6.
PASSFT) by the City Commission on first reading this
day of , 2006.
PACSFD by the city commission on second and final reading this day of
, 2006.
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness: ATTEST:
AT. AN C. TFNCFN, FSQUTRF DONNA RUSSFY
City Attorney City Clerk
AGENDA ITEM # 9A
SEPTEMBER 11, 2006
September 5, 7.006
MEMORANDUM
Tn: The Honorable Mayor
and Members of the cnmmissinn
Mayport Road Medians; The next report from the cnnsultants designing the medians fnr
Maypnrt Road will be presented to the public in a meeting scheduled nn Monday. September 1 Rr"
at (:00 pm in the Atlantic Beach Cnmmiccinn Chambers. Elected officials, the media and the
public are invited to attend.
Hosting African Lewers; The City of Atlantic Beach has heen asked to host a group of newly
elected nfficials from several African nations for a day. several nther groups have visited nor
cites in recent years. They will be in Atlantic Beach sometime between September 23rd and 7 th
(exact dates yet to he determined). The request fnr hosting this group cnmes from the
International Visitor Corps of Jacksonville through a program of the U. R. State Department.
Typically, past delegations have been greeted by a welcome frnm the Mayor, presPntatinnc frnm
various city staff about the council/manager form of government as well as details about varinus
city services, a luncheon and tours of city facilities. Often, these visits provide an opportunity
not only for our visitors to learn about our fnrm of gnvernment, but also fnr us to learn about
government in foreign countries. One recent quectinn from officials representing formerly soviet
block countries was "Who on the city staff makes the decisions about how many used car dealers
(or other businesses) would he permitted?" The details nfthe visit will be provided when
avai l abl e.
Building Official: Tn recent months, Atlantic Reach has required more infnrmatinn nn the
applications for building permits than was required in the past. This is in connectinn with the
retirement of our past Building official and utilizing the cnntract services from a private nrnvider
until a new official can be hired. The change has created some prohlems for builders. mostly by
delays in gettina their building permits apprnved. By the time of the commission meeting on
September 1 l . one change will have already heen made to ease the situation and another step
will be taken soon. The first change is to have a building official or plans examiner nn a five day
Der week basis so that there will he someone inCites Na11 every business day fnr builders to ask
questinns about their permits. Previously, the City had contracted for a building official nn a
AGENDA ITEM # Q A
SEPTEMBER 11. -)nn
three day per week hasis to keep the cnsts down. A second step is to schedule a wnrkshnp for
builders to meet with the managers of ('TFA (the private provider to the City) and City staff and
learn how to expedite permit approval. This wnrkshop is scheduled for Friday, September 15th
at 1(1;(1(1 am,
The City of Atlantic. Reach is still accepting applications and interviewing candidates for the
Building Official position. Since this joh was originally posted, the City has received a total of
30 applicants, 12 of which have the state certification as a Building Administrator. Most of those
have already been interviewed. Many of the 30 candidates that do not have the building official
certification include architects, builders and others with extensive knnwledge of the Florida
Building Cnde. uowever, according to State rules they cannot approve building permits until
they get a "provisional" certification which can take as long as 90 days to approve. Anyone
operating under such a certification has additional limits on their authority.
Atlantic Reach is not the only city in Florida that has had difficulty in hiring people with the
necessary State certifications. The Building Officials Association n£Florida, Tnc, wehsite
currently hag postings of over 100 openings in Florida for building officials. inspectors and
related jobs. Atlantic Reach will cnntin„u to advertise for a Building Official until the position
can be filled.