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Agenda packet 12-11-2006 vCITY OF ATLANTIC BEACH CITY COMMISSION MEETING DECEMBER 11, 2006 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of November 27,2006. 2. Courtesy of Floor to Visitors 3. Unfmished Business from Previous Meetings A. City Manager's Follow-up Report (City Manager) 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Public Safety Report for October 2006, Public Works and Utility Department Reports for November 2006, and New Occupational Licenses issued in November 2006 (City Manager) B. Extend the contract for one year with Custom Tree Services for Hurricane Debris Removal at the current prices (City Manager) C. Award Bid for the FY 2007 Resurfacing Project (Bid No. 0607-02) to APAC- Southeast (City Manager) D. Authorize the Mayor to sign the 2006/2007 JAG grant application and related paperwork, and for the Mayor ~-J sign subsequent paperwork associated with this grant to fund an emergency notification system (City Manager) 5. Committee Reports None 6. Action on Resolutions A. Resolution 06-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO SIGN DOCUMENTS GRANTING PERPETUAL EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING TRAFFIC SIGNALS ALONG MAYPORT ROAD, AND PROVIDING AN EFFECTIVE DATE B. Resolution 06-18 A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTIC BEACH, FLORIDA OF ITS VARIABLE RATE DEMAND 1 HEALTH CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES 2006, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000, AND FOR A LOAN BY THE CITY TO NAVAL CONTINUING CARE RETIREMENT FOUNDATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, IN A PRINCIPAL AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT OF SAID SERIES 2006 BONDS, FOR THE PURPOSES OF (A) FINANCING ALL OR ANY PART OF THE COST OF THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN CAPITAL IMPROVEMENTS TO THE CONTINUING CARE RETIREMENT FACILITY KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION AND (B) PAYING A PORTION OF THE COSTS OF ISSUING THE SERIES 2006 BONDS; PROVIDING FOR CREDIT ENHANCEMENT; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE SERIES 2006 BONDS AND FOR THE PAYMENT THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND LOAN AGREEMENT; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2006 BONDS, AND APPROVING THE CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SERIES 2006 BONDS; AUTHORIZING AN OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2006 BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SERIES 2006 BONDS AND OTHER RELATED INSTRUMENTS AND CERTIFICATES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2006 BONDS; AND PROVIDING FOR AN EFFECTIVE DATE 7. Action on Ordinances A. Public hearing and lmal reading of Ordinance No. 90-06-197 to adopt amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including provisions to address large scale retail development AN ORDINANCE OF T.HE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01- 172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 5, SECTION 24-112, COMMERCIAL GENERAL DISTRICTS, TO ESTABLISH SIZE LIMITS FOR RETAIL ESTABLISHMENTS AND TO MAKE OTHER GENERAL REVISIONS INCLUDING THE ELIMINATION OF HEAVY AUTOMOTIVE REPAIR AS A USE-BY-EXCEPTION, IN THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 90-07-198, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172 INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING CHAPTER 24 TO ADD NEW ARTICLE V, ENVIRONMENTAL AND NATURAL RESOURCE 2 REGULATIONS, DIVISION I, WELLHEAD PROTECTION, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE C. Ordinance No. 95-06-92, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16 DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND PROVIDING AN EFFECTIVE DATE 8. Miscellaneous Business A. Request from Judy Jenness for a Use-by-Exception (Public Hearing) for the Atlantic Theatre site located at 751 Atlantic Boulevard to allow on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only) for the Freebird Live (Continued from the July lOth meeting of the City Commission.) (City Manager) B. New Sidewalk Construction for FY 2007 (City Manager) C. Recommend~tion for New City Sanitation Contract (City Manager) D. Speed Bump Follow up (City Manager) 9. City Manager A. City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney A. Appoint Commissioner to tour Police Buildings Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and cvider.~.ce upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00PM, Friday, December 8, 2006. 3 Attendance Call to Order/Pledge Approval of Minutes Courtesy of the Floor MINUTES REGULAR CITY COMMISSION MEETING November 27, 2006 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Donald Wolfson Mayor Pro Tern J. Dezmond Waters III Commissioner Mike Borno Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons City Manager Jim Hanson City Clerk Donna L. Bussey City Attorney Alan C. Jensen Mayor Wolfson called the meeting to order at 7: 15 p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Commissioner Waters. Mayor Wolfson welcomed the audience. 1. Approval of the minutes of the Regular Commission Meeting on November 13,2006. Mayor Wolfson requested change on Page 11, F, under Commissioner Waters' comment requesting clarification on what is being requested. Mayor Wolfson requested that "they" be changed to read that "the Developer" is asking for the parking to be left where it is now. Motion: To approve the minutes of the Regular Commission Meeting on November 13,2006 with change. Moved by Borno, seconded by Waters Votes: Aye: 5-Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors The Mayor opened the floor to visitors and explained the process for public comments. Michael Hoffman, 176 Camelia Street, (1) requested a response to his concern regarding the substandard sidewalk in Marsh Oaks along Rose and Orchid Streets in two areas. He indicated he had e-mailed the City Manager on behalf of his neighborhood association on September 3, 2002; (2) reported, in the August 2002 minutes of his neighborhood association, they directed some requests to the City and the Commission regarding the City-owned property on W. 1st Street such as: (a) to incorporate the City property into Tide Views Park, (b) to thicken up the trees to provide more sound buffer, and (c) to close offby a wall and/or landscaping the south end of Begonia Street near Atlantic Blvd. (3) Spoke regarding the proposed membership list for the study group of single member districts, expressed concern that Unfinished Business from Previous Meeting Consent Agenda Committee Reports Action on Resolutions Action on Ordinances November 13, 2006 REGULAR COMMISSION MEETING Page 2 Gail Baker should not be on the committee since she works for the City and the City Manager is a liaison for that committee. Pat Pillmore, 995 Cam ella Street, spoke on changing the language of the Code. She requested if the City is proposing to make changes to the Code, the City should set a vision and send it to the Planning and Development Board for discussion. Mayor closed the floor to visitors. 3. Un:fmished Business from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson indicated there is no follow-up report to present tonight. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Financial Reports and Utility Sales Report for October 2006 B. Award the annual contract for Landscape Maintenance for Public Works and Utilities to Leeway in the amount of$53,280 (Bid No. 0607-1) Mayor Wolfson read the Consent Agenda. Motion: Approve Consent Agenda as read. Moved by Simmons, seconded by Bomo. Votes: Aye: 5-Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 5. Committee Reports None 6. Action on Resolutions None 7. Action on Ordinances November 13, 2006 REGULAR COMMISSION MEETING Page 3 A. Ordinance No. 20-06-82, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007. Mayor Wolfson read the Ordinance by title only and opened the floor to the public hearing. Michael Hoffman, 176 Camelia Street spoke in opposition to Ordinance No. 90-06- 196, specifically regarding the lack of a cost of living adjustment for the pension fund and the $45,000 targeted for public art. Mayor Wolfson closed the public hearing. Motion: Approve Ordinance No. 20-06-82 as read. Moved by Borno, seconded by Waters. Mayor Wolfson addressed Mr. Hoffman's concern and indicated the $45,000 was left in the budget from the previous budget and if it isn't used this year it will not stay within the budget. He reported there was a request to double the amount to $90,000, which was turned down and there is no tag on where this money will be utilized. He further explained the Commission hasn't decided what it is to be used for. He reiterated if the money is not used this year, it will be moved out, will not be targeted and will not be a line item. Votes: Aye: 5-Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED B. Ordinance No. 90-06-197, Public hearing and first reading to adopt proposed amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including provisions to address large-scale retail development. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01- 172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 5, SECTION 24-112, COMMERCIAL GENERAL DISTRICTS, OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only. Community Development Director Sonya Doerr addressed the issue discussed at the last meeting relating to heavy automotive repair uses, which are currently a permitted November 13, 2006 REGULAR COMMISSION MEETING Page 4 use-by-exception in the commercial general district. She indicated there are ten (1 0) heavy automotive repair businesses along Mayport Road within Atlantic Beach, and including Jacksonville, there are probably twenty plus (20+) auto related uses that would continue to be allowed. In efforts to evolve Mayport Road away from auto related uses and toward more retail and service uses she suggested that businesses existing there now could continue to be considered as a use-by-exception, but if ownership changed or if the business became a different type ofheavy auto repair, the existing businesses would be subject to approval of a new use-by-exception. Mayor Wolfson opened the floor to the public hearing. No one from the audience spoke and the Mayor closed the public hearing. Motion: Approve Ordinance No. 90-06-197 as read. Moved by Borno, seconded by Fletcher Commissioner Waters requested to have a use-by-exception clause for permitted uses . such as pool halls, billiard parlors and theaters added or he cannot support this Ordinance. Ms. Doerr replied pool halls and billiard parlors are uses that typically are not permitted in commercial general district in most zoning regulations and that is a decision that has to be made whether it is appropriate or not appropriate. Mayor Wolfson asked about multi-screen theatres. Ms. Doerr stated that multi screen theatres have very intense impacts since they have large need for parking, big traffic impacts, and operate late at night. She indicated our commercial districts are very close to residential areas and people generally come to theatres at the same time and leave at the same time which have big impacts. Mr. Hanson explained all of these are items that are in the existing City Code and are not proposed for change tonight. He further explained they FJre things that could be changed but to make that change would need a recommendation by the CD Board. Ms. Doerr stated that the new language added to theatres, regional Cineplex, is in the current Ordinance but the multi -screen, exceeding two screens, was an attempt to define what a regional Cineplex is. Commissioner Waters expressed concern that the City would preclude anyone to invest in a theatre in Atlantic Beach that would be profitable, such as a one or two screen, and would limit entertainment for young people. He believed the City could look at four or five screens, rather than the huge Cineplex. Mayor Wolfson clarified what was being addressed is the 60,000 s.f. reduction of the potential large box and use-by-exception for heavy auto repairs and that is has been reviewed by the CD Board and sent back to the Commission with their recommendations. Ms. Doerr indicated the draft before the Commission and the permitted use's language is what was reviewed and recommended. November 13, 2006 REGULAR COMMISSION MEETING Page 5 Discussion ensued regarding parking. Mayor Wolfson reported the 60,000 s.f. was the major recommendation and also the heavy automotive repair. He questioned if a number of uses-by-exception had been recommended for approval and approved by previous commissions for those businesses. Ms. Doerr confirmed. Ms. Doerr indicated there are businesses there that were constructed specifically for these types of uses and if they sell they would not be able to continue that use. Mayor Wolfson stated nor would they be able to sell their business to stay at that location. Mayor Wolfson asked Doerr if 60,000 s.f. is where the Development Board is comfortable. Ms. Doerr replied that was correct. Mayor Wolfson commented that in some of the material Ms. Doerr provided him, he noticed they set a number and then anything above that would require an impact 8tudy. Ms. Doerr said if someone wanted to plan a 65,000-70,000 s.f. they could request a wa1ver. Commissioner Fletcher agreed with Commissioner Waters that this is a process issue and asked Ms. Doerr and Mr. Jensen if the new language will stop any Big Box development or redevelopment potential for Atlantic Beach. Ms. Doerr and Mr. Jensen agreed it would stop anything larger than 60,000 s.f. unless they went to the Development Board and went through the process of going through a future Commission for an exception. The discussion continued to question whether a non-covered area such as a garden center would be included in this 60,000 s.f. limit. Commissioner Fletcher requested a language change to prevent this from being a loophole in the Ordinance. Commissioner Fletcher asked Mr. Jensen about PUDs and whether they would be a problem. It was explained they would not be because_ establishing a PUD requires approval of the Ordinance. Commissioner Fletcher asked if the approval of Lumber and Building Material as an acceptable type of use would cause a loophole if they are denied. Ms. Doerr stated it would not because if they were denied it would be based on size, not type of store. Mr. Jensen agreed. Commissioner Simmons agreed with concern about the outdoor space and believed it should be included. She also mentioned we are striving for retail businesses with local draw, such as Publix, not regional draw, and wondered whether they had given any consideration to this in numbers of square feet. Ms. Doerr explained that the Queens Harbor and Jacksonville Beach Publix stores are 55,000 s.f., which are prototype stores, and the new stores being built will more than likely be the 55,000 s.f. prototype. She believed it might draw from across the river if it happens to be the closest large grocery store. November 13, 2006 REGULAR COMMISSION MEETING Page 6 Mr. Hanson suggested new language on page 4, Item D, second paragraph under Large- Scale Retail Establishments, adding the clause "or other enclosed sales areas" to the end ofthe first sentence. Mr. Jensen said not to include the word "sales" because they will say it is storage. Commissioner Simmons suggested, "any areas enclosed in any manner". Mr. Jensen suggested also adding in parentheses (by wall, fence or any other manner). Commissioner Waters asked Mr. Jensen what re-adopting Chapter 24 referred to. Mr. Jensen stated that the Ordinance passed in 2001 readopted Chapter 24 and this is an amendment to that Ordinance. Motion: Amend as follows: Section (d) page 4 of 6 Large-Scale Retail Establishments shall include those businesses, whether in a stand-along Building or in a multi -tenant Building, which occupy a Floor Area exceeding 60,000 square feet including any interior courtyards, any areas under roof, or other enclosed areas (by wall, fence or any other manner). Moved by Fletcher, seconded by Borno Votes: Aye: 5-Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED Motion: Approve Ordinance 90-06-197 with Amendment. Moved by Borno, seconded by Fletcher Votes: Aye: 5-Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED C. Ordinance No. 95-06-92, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16 DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only. Motion: To approve Ordinance No. 90-06-92 Moved by Fletcher, seconded by Simmons Commissioner Barno believed the use of the term "public protected tree" should be clarified as a tree strictly in a right-of-way. November 13,2006 REGULAR COMMISSION MEETING Page 7 Commissioner Waters believed if something is being adopted and State law is being referenced, that part of State law should be shown. He indicated in (d) (2) it states "The city and its franchise agents are exempt from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree within a public easement or right-of-way and inquired on what restrictions apply to the franchisees and the city regarding the public right-of-way. Public Works Director Rick Carper stated there are provisions that require the utilities to notify and get permission from the City before pruning major limbs or taking any trees out. Mayor Wolfson asked Commissioner Fletcher if he believed increasing the fine from $1 to $5 for clear cutting without a permit is an adequate deterrent. Commissioner Fletcher believed it is not. After discussion, Mayor Wolfson asked for suggestions to reword the amount oftbe fine. Commissioner Fletcher recommended that the fine be up to $10. Commissioner Simmons suggested $10 up to $25. Staff was directed to look at comparables and make a recommendation. Commissioner Fletcher withdrew his motion and Commissioner Simmons withdrew her second. Motion: To defer Ordinance No. 90-06-92 until December 11, 2006 Moved by Fletcher, Seconded by Simmons Votes: Aye: 5-Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Proposed Ordinance for Wellhead Protection (City Manager) Public Utilities Director Donna Kalizniak reported the proposed Ordinance is a requirement in their comprehensive plan. She indicated there will be a 500' buffer around each public well, per State law. She also reported research by JEA and City of Jacksonville has shown that some potential for contamination comes from other faulty wells or deep wells (300-1200 ft deep). She presented a map on the overhead of the City owned wells and stated that there are no known deep private wells in the protected area for potable wells so this will not affect any current well owners. Any new wells will require a permit from the City of Atlantic Beach and the City of Jacksonville and be subject to inspection by the City. If the owners fail to maintain the deep wells properly, the City can require the Owners to maintain them, repair them or abandon them properly. If an owner wants to abandon a deep well, the owner must go through proper abandonment procedures and permitting. Additionally, reports will be requested from hazardous release or spill responders as a monitoring device. City Manager Reports/Requests City Commissioners City Attorney November 13,2006 REGULAR COMMISSION MEETING Page 8 Commissioner Waters questioned the validity of private citizens paying the cost of a faulty well and believed the language should be struck. He also asked what the current requirement is to put in a deep well. Ms. Kalizniak stated you need a well permit from the Building Department. Mayor Wolfson stated that this is a non-action item tonight. Commissioner Simmons recommended that staff move forward with the Wellhead Protection Ordinance and also get together with Commissioner Waters regarding his wording. Commissioner Borno asked staff to provide information on the guidance that required this under our comprehensive plan and whether the State mandates the guidelines. 9. City Manager A. City Manager's Report Mr. Hanson reported the sanitation proposals were accepted and opened last week for the new sanitation contract that will be on either a 5 or 7 year basis and WSI was the lowest and best proposal across the board on almost all the rates. He added the rough increase over the present cost will be $158,000/year and the lowest price proposed was for automated once per week pick-up and the cost to keep two times per week service, with cans, is $19,000 over that price. He indicated he will request authorization to negotiate with lowest proposer, WSI at the next meeting. Mr. Hanson also reported that the first meeting of the District Election Representation Study Committee has been scheduled for Wednesday, December 13, 2006 in Commission Chambers and agenda items will include Sunshine Law and future meeting schedules. He reported minutes will be kept and distributed of all meetings and all meetings are open to the public as well as to elected officials. 10. A. B. Reports and/or requests from City Commissioners and City Attorney Recommendation for reappointment to the Tree Conservation Board Recommendation for a new member of the Tree Conservation Board Commissioner Waters reported the recommendation of the Board Member Review Committee (BMRC) to reappoint Maureen Shaughnessy for an additional term and appoint Robert Gray as a new member. He mentioned Mr. Gray was involved in a clear cutting incident that removed too many trees. Discussion ensued regarding the incident. Commissioner Simmons expressed concern that Mr. Gray could have a possible conflict of interest and felt uneasy about the appointment. November 13, 2006 REGULAR COMMISSION MEETING Commissioner Fletcher also expressed his reservations to the appointment. Motion: Reappoint Maureen Shaughnessy to Tree Conservation Board. Moved by Wolfson, Seconded by Waters Page 9 Commissioner Barno requested that, in the future, term limits be addressed on reappointments, i.e. first, second or final reappointment. It was confirmed that Ms. Shaughnessy is not term limited. Votes: Aye: 4-Fletcher, Simmons, Waters, Wolfson Nay: 1-Borno MOTION CARRIED B. Recommendation for a new member of the Tree Conservation Board Commissioner Fletcher inquired what would happen if the Commission does not appoint the member as recommended by the BMRC. It was explained the BMRC would be expected to make another recommendation. Commissioner Simmons noted that there are many talented applicants for other boards and perhaps they would be interested in serving on the Tree Conservation Board. Commissioner Waters reminded the Commission that Ed Raube is currently an applicant but was unable to attend the last BMRC meeting to be interviewed. Motion: To deny appointment of Robert Gray to Tree Conservation Board Moved by Wolfson, Seconded by Fletcher Votes: Aye: 5-Borno, Fletcher~ Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED City Attorney Jensen ~ Referred to his memorandum, which is attached and made part of this official record as Attachment A, and reported that the State has taken action on eminent domain prohibiting transfer of private property acquired through eminent domain to another private entity and there is no longer a need for the Commission to be involved in this issue. Commissioner Borno ~ Requested that commission members follow the Charter's Rules of Conduct and Proceedings. Commissioner Simmons November 13, 2006 REGULAR COMMISSION MEETING Page 10 ~ Reported that the trees on First Street that were mitigated when parking was put in are almost all dead. Commissioner Fletcher ~ Asked the Commission to begin thinking about the Moody project across the waterway and possibly exercise our right to comment under State law on neighboring properties. Noted the City has recently undertaken the action to buy the Buckman, have already purchased Dutton, and went through quite a bit on Johnson Island to make that area residential in character. He proposed to direct staff to come up with a resolution that City of Atlantic Beach support City of Jacksonville in recommending land use changes and PUD restrictions, in particular, on the Moody property that are consistent with City of Atlantic Beach's comp plan, height restrictions, marsh preservation, residential nature, and public access to Federal waterways. Ms. Doerr presented a comprehensive map amendment that has been submitted to the City of Jacksonville. She indicated the process by which we can review and comment is established in State law. Ms. Doerr explained the Transmittal Meeting is scheduled for December 12, whereby all agencies will have the opportunity to comment through a written request, and an ORC (Objections, Recommendations and Comments) report will be prepared. The consensus of the Commission was to direct staff to request the response package, review it, and bring it to the Commission to respond or take action accordingly. Ms. Doerr stated that related to the ORC report, the comments and recommendations will not be submitted back to Jacksonville until February or March 2007. The City of Jacksonville can then respond to comments or adopt. Further discussion ensued and was decided to take a proactive approach on the issue. Commissioner Waters requested a workshop to address the Moody property as new information is received. Mayor Wolfson asked Ms. Doerr to keep the Commission informed and, if necessary, schedule a workshop. Commissioner Borno ~ Asked the City Manager if action or direction is needed regarding the Sanitation bids. City Manager indicated he will prepare a report and ask for authorization to negotiate with the lowest proposer at the next meeting. Mayor Wolfson ~ Announced the Tree Lighting Ceremony will be held this Saturday, December 2, 2006, with Santa's arrival at 6:00p.m. Adjournment November 13, 2006 REGULAR COMMISSION MEETING Page 11 ~ Announced next Commission Meeting will be held on December 11,2006. ~ Announced the City Employee Party is on December 15, 2006. ~ Announced the N.E. Florida League of Cities Christmas Party is on December 7, 2006 at Timuquana. ~ Reported there was a City Commission Workshop today to discuss Public Safety Building. ~ Reported that since the last Commission meeting, the Marsh Fest 2006 was held and hopefully the City can look forward to negotiations on the purchase of the property. He reported that the family members present were very touched and very impressed by the event and it went a long way on convincing them of the merits of negotiating with the City in a positive fashion. He believed that if the City does get the money from the State, we can have a meeting of the minds rmd bring the acquisition to reality. He expressed his appreciation to those who were there for their involvement and to the staff for their help and support. Commissioner Waters ~ Expressed his disapproval of being required to maintain a City palm tree but not being able to put a political sign in the same area of his yard. ~ Invited everyone to attend the N.E. Florida League of Cities meeting on Thursday, December 7, 2006 as he is being installed as President. There being no further discussion, the Mayor declared the meeting adjourned at 9:34pm. ATTEST: Donna L. Bussey, CMC City Clerk Donald M. Wolfson, Mayor/Presiding Officer December 4, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans~ City Managet · ' "~ SUBJECT: Follow- AGENDA ITEM# 3 A DECEMBER 11, 2006 Proposed Development for Moody Marine Site At the meeting on November 27, 2006, the City Commission asked for the staff to report on plans for redevelopment of the Moody site on the west side of the Intracoastal Waterway and possibly to schedule a workshop for the commission to consider if any input from Atlantic Beach should be provided to Jacksonville. Information on this was sent to the City Commission with a memo dated November 29, 2006 from Sonya Doerr. Attached was a copy of the proposed Comp Plan amendment and a staff report with recommendations from the City of Jacksonville Planning Department. The issues that have been expressed by the Atlantic Beach Commission relating to this development have largely revolved around height and any possible impact dealing with hurricane evacuations. The developer has been asked to provide a study of the impact on hurricane evacuation. Specific information about the height will not be presented until the zoning application is submitted sometime in February of 2007. It is therefore staff's recommendation that the City Commission wait until information on those subjects is available before setting any specific time to discuss possible input to the City of Jacksonville. Mayport Road Medians At the September 25,2006 meeting, the commission chose Median Concept C for the design of the medians to be installed along Mayport Road, but made several comments to modify that plan. City staff then worked with the design consultants, to come up with a modified plan that met the requirements. These include paved strips at various places 'along the medians with circular landscaped areas in the center. In these areas will be planted crepe myrtles with red or pink blooms. The planting at the base of the crepe myrtles has yet to be determined, but a main consideration is something that will provide color throughout the year. The larger landscaped areas in these medians will include the perennial peanut planting and palm trees as originally envisioned in the Concepts C design. A drawing of the amended concept is attached for your information. Designers have yet to evaluate material for the pavement around the circular landscaped areas as well as the spacing of these in each Mayport Road median. News rack 0JrdlinaHll.ce Statlllls; City staff is still awaiting input from various newspaper groups about the proposed language of the newspaper rack ordinance which was circulated several weeks ago. Within the last week, staff was asked for some additional time to get the last of the ... - AGENDA ITEM # 3 A DECEMBER 11, 2006 (\ ~ ·"\) rr r (\ c 2- ~ ~ ~ \J ~ ~ ~- l -'L ' t - ~ C) -- AGENDA ITEM # 3 A DECEMBER 11,2006 Police Emergency Res Time Reported Crimes Activities Training Animal Control Crime Suppression Statistics Code Enforcement 3.7Minutes Department of Public Safety Monthly Report 2006 October 2002 Oct Y-T-0 2003 Oct Y-T-0 2004 Oct Y-T-0 2005 Oct Y-T-0 2006 Oct Y-T-0 Murder/Manslaughter Forcible Rape Robbery Aggravated Assault Simple Assault/Threats Burglary Larceny Auto Theft Total Calls for Service Arrests Uniform Traffic Citations ESRI GIS SEMINAR YOUR ROLE IN RISK MANAGEMENT COURSE 2006 F.I.A.I.A. ANNUAL TRAINING CONFERENCE SWAT/BASIC TACTICAL OPERATIONS SCHOOL INDIVIDUAL CRISIS INTERVENTION AN PEER SUPPORT SEMINAR MAPPING FLORIDA COMMUNITIES COURSE Phone Calls Animal Bites Reported Animals Captured Animal Adopted Animals Returned to Owners Citations Felony Arrests Misdemeanor Arrests Drug Investigations Prostitution Arrests Traffic Stops UTCs Assists to other local Agencies Search Warrants in AB Search Warrants in Other Jurisdictions Arrests for Alcohol Deployments Sex Offenses See Attachment 0 0 0 4 4 23 4 43 10 126 13 114 51 329 0 42 82 681 2003 Oct N/A 140 1 36 3 14 14 . .. . 0 0 0 0 0 1 0 1 0 3 1 8 2 7 0 5 0 14 0 14 4 27 2 14 3 37 3 45 5 34 4 41 12 153 11 149 14 131 12 153 14 97 11 126 5 57 4 106 23 346 30 338 19 246 29 315 2 46 4 52 5 38 6 34 54 696 60 732 54 541 57 669 2003 Oct Y-T-D 2004 Oct Y-T-0 2005 Oct Y-T-0 2006 Oct Y-T-0 173 1403 129 1727 220 2062 193 2115 1 15 3 22 0 16 1 22 32 243 36 327 22 209 33 242 8 39 2 50 4 33 1 18 3 52 4 71 4 56 8 45 19 152 12 256 30 134 14 173 2005 Oct Y-T-0 2006 Oct Y-T-0 4 45 18 63 6 61 8 50 13 106 5 167 0 8 0 27 25 214 2 187 10 121 4 93 5 32 2 41 1 10 3 7 1 10 0 3 0 15 7 29 '··· .. 2 23 o;.. tilCl ()til mz Z::t:l to;.. t'Il-?0>-l -til :-Z:: "'~ o_,. §;;.. CODE ENFORCEMENT INVESTIGATION REPORT FOR OCTOBER 2006 .-I \ ~ -a 't> J.. ~ ~ '$. e. ~ L ~ ~ ~ ~ ~ (, 0 " ~ ~ ~ -o ~ ~ L ~ ~ ~ ~ ~ ~ 'li! ~ ~ \ ~ ~ ~ IJl. ~ ~ '0 \ '0 ~ ~ ~ \ 't; ~ ~ '0 ~ '$ "to Gl Ill ~ !t. ~ Ill ~ lSI ~ CALL INS CE IDENTIFIED TOTALS Feb-06 CALL INS CE IDENTIFIED TOTALS Mar-06 CALL INS CE IDENTIFIED TOTALS Apr-06 CALL INS CE IDENTIFIED TOTALS May-06 CALL INS CE IDENTIFIED TOTALS Jun-06 CALL INS CE IDENTIFIED TOTALS Jul-06 CALL INS CE IDENTIFIED TOTALS Aug-06 CALL INS CE IDENTIFIED TOTALS Sep-06 CALL INS CE IDENTIFIED TOTALS Oct-06 CALL INS CE IDENTIFIED TOTALS 2006 Total CALL INS CE IDENTIFIED TOTALS ~ ~ ~ ~ "to ~ ~ ~ ~ ~ ~ '0 ~ ~ AGENDA ITEM # 4A DECEMBER 11,2006 0 M p p ~ L E N 'a A D .-I N ~ ~ c N E G 17 100 117 133 45 46 91 137 151 31 21 267 288 270 49 30 291 321 305 65 27 169 196 206 55 36 172 208 219 44 31 182 213 223 34 47 220 267 257 44 54 222 276 245 75 34 210 244 275 44 343 1924 2267 2284 A p p E A L N G PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D)= DESIGN ENGINEER, (CE&I) =CONSTRUCTION ENGINEER & INSPECTION, (C)= CONTRACTOR PROJECT DESCRIPTION PROJECT NO. AND INFORMATION STATUS ON 12/1106 1 Hopkins Creek Regional Retention (D) = Camp, Dresser & McKee (CDM) Commission authorized negotiation on 4/28/03 with CDM for Hopkins Facility Creek design, preliminary design report and 30% plans received Design= 30% 11117/03, and 50% design submittal expected December 2006. Land Construction = 0% acquisition was completed in November. Final design submittal scheduled for June 2007. 2 Mayport Medians (D) = GAl Consultants, Inc. FDOT approved alternate typical section with 13' median. Survey Design= 60% complete. Median design is in progress. Public meeting (90% design) Construction = 0% held 09/18/06. Proposed driveway closure letters sent. 100% submittal expected December 2006. 3 Bike Path on West Plaza Ditch and (D)= Public Works Design complete. Construction of bikepath at West Plaza Ditch Rose Park (CE&I) =Public Works complete, except for guardrail and initial landscaping. Rose Park (C)= Gruhn May, Inc. portion complete. Design = 100% Construction = 90% 4 Ribault Bay Water System (D) =Reynolds, Smith & Hill DEP permit received 1/03/06. Navy awarded contract to Gateway Upgrades (C)= Gateway Contracting Contracting. Preconstruction held 4/11/06. Contractor on hold while (Navy Project) (CE&I) =Navy, Public Works resolving issues with Navy. Design = 100% Construction = 0% 5 Gensets at Water Plant # 3 (C) =Ring Power Generators installed at Water Plant #3. Still awaiting equipment (902 Assisi Lane), and Lift Station (CE&I) =Public Utilities delivery for Lift Station B. "B" (425 11th Street) Design = 100% Construction = 60% t:l:> rno nrn ~8 to:> tn-~>-l ~~ N* 0.1>- :§;;> PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D)= DESIGN ENGINEER, (CE&I) =CONSTRUCTION ENGINEER & INSPECTION, (C)= CONTRACTOR PROJECT DESCRIPTION PROJECT NO. AND INFORMATION STATUS ON 12/1/06 6 Sawgrass Chapel Place (D) = Connelly & Wicker CDBG funded project to construct utilities for Habitat development off (AKA "Forsyth Two") (C)= Gruhn May, Inc. Dutton Island Road. Bids received 6/14/06. Commission awarded Design = 100% (CE&I) =Public Works contract to Gruhn May 7110/06. Preconstruction conference held 7/24/06. Construction in progress. Construction = 50% 7 Security Fencing at WP #1 and (D) =Public Utilities Construction in progress. WW#l (C)= Big T's Fence Design = 100% (CE&I) =Public Utilities Construction = 98% ----~~---·······-------------~---···-··--------~~ --~ t:l>-tTlQ ~~ to>-tTl-i'Cl>-l :::~ N'ii: 0-1>-§::;:.. LICENSE ACTIVITY REPORT BY BUSINESS NAME PREPARED 12/05/06, 9:34:01 City of Atlantic Beach PROGRAM OL122L NEW LICENSES FOR YEAR: 2007 BETWEEN: 11/01/06 TO 11/30/06 DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME BUSINESS ADDRESS 07-00006657 WALTER WILLIAMS REALTY, INC. 615 ATLANTIC BLVD ATLANTIC BEACH FL 32233 GRAND TOTALS --------------NEW LICENSES ------------- AC: 15 PP: IN: VO: PG: LIC: 0 0 0 0 15 ISSUED TYPE CLASSIFICATION BUS PHONE # 11/15/06 NEW REAL ESTATE SALES AGENT 904-435-0131 PAGE 2 O;t> ma nm mz S::::o to;» m_ ;:>;l-i -m .:--S:::: N'lj, 0-1>. ~>- LICENSE ACTIVITY REPORT BY BUSINESS NAME PREPARED 12/05/06, 9:34:01 City of Atlantic Beach PROGRAM OL122L NEW LICENSES FOR YEAR: 2007 BETWEEN: 11/01/06 TO 11/30/06 DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME BUSINESS ADDRESS 07-00006654 AIG INDEMNITY INSURANCE CO OUTSIDE CITY ATLANTIC BEACH FL 32233 07-00006644 AIG PREFERRED INSURANCE CO OUTSIDE CITY ATLANTIC BEACH FL 32233 ISSUED TYPE CLASSIFICATION 11/07/06 NEW INSURANCE COMPANY 11/07/06 NEW INSURANCE COMPANY 07-00006655 AIG PREMIER INSURANCE COMPANY 11/07/06 NEW INSURANCE COMPANY OUTSIDE CITY ATLANTIC BEACH FL 32233 07-00006661 AMERICAN EQUITY INVESTMENT LIF 11/20/06 NEW INSURANCE COMPANY OUTSIDE CITY ATLANTIC BEACH FL 32233 07-00006658 AMERICAN INTERNATIONAL LIFE OUTSIDE CITY ATLANTIC BEACH FL 32233 11/16/06 NEW INSURANCE COMPANY BUS PHONE # 302-252-2081 302-252-2081 302-252-2081 713-831-3370 07-00006663 C W SPECIALTIES 121 LEVY RD 11/29/06 NEW MACHINE REPAIR/FABRICATION/WELDING 904-861-8133 ATLANTIC BEACH FL 32233 07-00006656 FLORIDA NETWORK REALTY LLC DBA 11/13/06 NEW REAL ESTATE SALES AGENT 375 SUITE 1 ATLANTIC BLVD 904-241-2417 ATLANTIC BEACH FL 32233 07-00006625 GENWORTH LIFE & ANNUNITY INS OUTSIDE CITY ATLANTIC BEACH FL 32233 07-00006626 GENWORTH LIFE INSURANCE CO OUTSIDE CITY ATLANTIC BEACH FL 32233 07-00006659 ROLLA! 1249 MAYPORT RD ATLANTIC BEACH FL 32233 07-00006652 HURLEY LLC 310 CAMELIA ST ATLANTIC BEACH FL 32233 07-00006660 INFINITY INSURANCE COMPANY OUTSIDE CITY ATLANTIC BEACH FL 32233 07-00006662 JENNARATIONS 509 ATLANTIC BLVD ATLANTIC BEACH FL 32233 07-00006651 TOP NOTCH CLEANING SERVICE 758 CAVALLA RD ATLANTIC BEACH FL 32233 11/20/06 NEW INSURANCE COMPANY 11/20/06 NEW INSURANCE COMPANY 11/16/06 NEW CLOTHING 904-242-4768 11/03/06 NEW MINOR CONTRACTOR (MISC. ODD JOBS/REPAIR) 904-338-1498 11/20/06 NEW INSURANCE COMPANY 205-870-4000 11/20/06 NEW COSMETOLOGIST 904-249-5022 11/01/06 NEW CLEANING/JANITORIAL/MAID SERVICE 904-868-4088 PAGE 1 t:J>-trlQ \ltrJ ~8 t:O>- trl-:::0-l ;~ N'llo o.,_ ~>- AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 4B DECEMBER 11,2006 Hurricane Debris Removal Contract Extension (Vegetative Waste & Construction & Demolition I Mixed) Rick Carper, P.E. /2C Director of Public Works November 24, 2006 The City's current contract with Custom Tree Service expires on January 31, 2007. We have contacted Scott Washington, Owner of Custom Tree Service, who has agreed to extend the contract for another year at the current prices. The City has the option of extending the current contract for two (2) one (1) year periods. This proposed extension would be the first. RECOMMENDATION: Extend the contract for one year at the current prices. ATTACHMENTS: BUDGET: Letter signed by Scott Washington agreeing to the extension. This contract would be executed on an emergency I as needed basis. No funds are appropriated in advance for hurricane debris cleanup. REVIEWED BY CITY MANAGER:-===~-~.:;::-~~-......... -------- December 11th, 2006 Commission Meeting November 13,2006 Mr. Scott W. Washhigton,. Owner Custom Tree Service 4949 Sunbeam Road, #13 Jacksonville, FL 32257 RE: CONTRACTRENEW AL Hurricane Debris Removal-Vegetative Waste (City Bid #0405-15) AGENDA ITEM # 4B DECEMBER 1 I, 2006 Hurricane Debris Removal-' Construction& Demolition I Mixed (City Bid #0405-28) Dear Mr. Scott: As you are aware, the. contract \Vith the City ofAtlantic Beach for Hurricane DebrisRemoval (virhich includes both CityBid #'s referenced above), executed on May 30, 2006 expires on J anu.uy 31, 2007. Article 2.2 (Renewal) -of the contract states "Upon mutual agreement between the Clty and Contractor, this contractmay be renewed fbrtwo (2) one-year periods, for a maximum contract duration of three years. ·Renewal shaH be upon minimum 60 days <.vritten notice from one party to the other, and is subjectto approval of the City Commission." We would like to extend the contract for another year at the current prices, efTective February 1, 2007 through January 3 L 2008. This would be the firstrenewal oftwo possible renewals. If this is acceptable, please sign below and return to me priorto November 17, 2006 so thatl can prepare a staff report for the City Commission tn acceptthe exte1i.sion. Hook .forvvard torecommending that we continue our contract with your company. Sincerely, RickCarper, P.E. Public WorksDlrector CUSTOM TREE SERVICE AGREES TO THE EXTEND THE CONTRACT FOR ONE YEARAT THE CURRENT J>J CES. J Hate CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM # 4C DECEMBER 11, 2006 AGENDA ITEM: Award Bid for the FY 2007 Resurfacing Project (Bid No. 0607-02) SUBMITTED BY: Rick Carper, P.E., t:fZ-c_ Public Works Director' DATE: November 24, 2006 BACKGROUND: The bid opening for the FY 2007 Resurfacing Project occurred on November 23, 2006. Bids were received from APAC-Southeast and Duval Asphalt. Neither bid was within budget for the entire project, however, APAC-Southeast's bid would allow resurfacing eight of the ten streets listed in the bid. The total bid was $253,966.02 for milling and paving of nine streets and an overlay without milling of a tenth street. The average cost is $15.74 per square yard, compared to $15.90 per square yard for the FY2006 Resurfacing Project. The current Overall Condition Index (OCI) for City streets is 73.7 compared to 73.3 in 2006. There are seven paved street segments with an OCI of less than 45, compared to sixteen last year. This Project will resurface five of the seven segments, with Ocean Grove Drive (OCI 33) deferred because of pending septic to sewer conversions requiring road cuts and Sailfish Drive North (OCI 38) deferred because of the Royal Palms Infrastructure Improvements planned to begin in FY 2009. BUDGET: This project is funded from the Gas Tax Account 130-5002-541-3400 - Resurfacing budget $250,000, with $35,000 reserved for resurfacing Plaza Drive from Mayport Road to east of the Post Office entrance in conjunction with the Mayport Road Medians Project RECOMMENDATION: Staff recommends awarding the FY 2007 Resurfacing contract to APAC-Southeast. The budget will allow for completion of nine streets for $213,598.13. ATTACHMENTS: 1) Bid Tabulation 2) FY 2007 Resurfacing Plan Summary 3) Street Location Sketch December 11th Regular Commission Meeting BID 0607-02 Required Documents Submission in Triplicate Addenda -If Applicable Bid Bond in the Amount of 5% of the Bid Document Requirements Checklist -Signed Drug Free Workplace Form Insurance-Original Certificate Occupational License Proof of Experience (Minimum of 5 Years) Public Entity Crime Statement References-Three (3) W-9 Form City of Atlantic Beach MILLING AND PAVING FOR PUBLIC WORKS DEPARTMENT November 22, 2006 APAC Duval Asphalt Southeast, Inc Products, Inc. X X NA NA X X X X X X X X X X X X X X X X X 11/22/06 · •.:•:•:•.: ;••····· .••••.•.. ,·, ~r::U:'!;::;', :•.•}t~i::s;:D ;i;[•.t;:;r;,;'ilif''~1i1',•;~~:1;:~'i;:i?:':il'~::~·~~•tii:~~Jrr;;>&>••• ,,,. ·r;~·~~.;~,;;,~;,f~~~~~~~~: \.:~h~i!~!.'i~i::~::;·~ilt~'l ::i:i~'i'i:'cii.l~illil'';li:ll{!,'ri '·"''''···~::::·;·• nr~;'!l"·•i;•;,;;•::;r:;;,.,,~.f.:::• Total Cost of Items 4.1 -4.9 (Milling and Paving) $243,179.96 $268,800.00 Total Cost of Item 5.1 (Two Inch Overlay) $10,786.06 $11,300.00 Grand Total-Items 4.1-4.9 & Item 5.1 (Milling & Paving & Overlay) $253,966.02 $280,100.00 Award of Bid based on Department Analysis and Commission Approval 3:00PM , .. t~lm•~WY~};;rc.r::•:::r•······:!•·:c,•.••·· • .:.·. g~ ntn trlZ :S:tJ to> ~::j .,...trl .;:S: "'"' 0.1>-~() Street Name -segment (OCt) Ocean Grove Drive -17th st to 1 18th st 33 Sailfish Drive -Plaza to Plaza * 38 Edgar -Mayport Rd to Park St 2 38 David Street -Belvedere to 3 Seminole 41 Dudley Street -Mayport to 4 George 41 Tulip Street -West Plaza to 5 end 42 Pelican Key -off Selva Lakes 6 Circle 43 Tierra Verde Drive -Saturiba 7 to end 45 Seaspray Avenue-Seminole 8 to Sailfish 46 Selva Marina Drive -Seminole to Saturiba 9 46 Snug Harbor Court-Orchid to 10 end 4q Selva Grande -Drive Saturiba 11 to end 46 Twentieth Street -Seminole to 12 Beach 46 Stocks Street -Levy Rd to end 13 46 Cavalla Road -Sailfish Dr to * end 46 Poinsettia Court -Poinsettia St 14 to end 46 Available $250,000 11/24/2006 Proposed FY 2007 Resurfacing Plan Length Width ·Est.-cost -Actual tsld Area (SY) ($16/SY) Cost 1078 17 2036 $32,579.56 3248 24 8661 $138,581.33 843 18 1686 $26,976.00 $31,928.39 240 20 533 $8,533.33 $9,184.90 867 24 2312 $36,992.00 $36,358.65 405 14 630 $10,080.00 $10,786.06 250 24 667 $10,666.67 $12,410.86 1108 24 2955 $47,274.67 $42,347.05 1218 24 3248 $51,968.00 $42,583.57 4434 34 16751 $268,010.67 430 20 956 $15,288.89 $16,572.86 1028 24 2741 $43,861.33 $40,367.89 348 15 580 $9,280.00 $11,425.79 930 20 2067 $33,066.67 1556 24 4149 $66,389.33 200 12 267 -$4,266.67 TOTAL $803,815.11 $213,598.13 Comments Ocean Grove deferred because of required utility cuts for sewer hookups. Sailfish deferred because of planned Royal Palms Subdivision Infrastructure upgrades Excluded from proposed project because estimated cost would exceed entire annual resurfacing budget. Excluded from project because of budgetary limitations Cavalla deferred for required Royal Palms Subdivision Infrastructure upgrades $35,000 reserved for resurfacing Plaza Drive in conjunction with Mayport Road project. 2007Bid_STR.xls tJ> 1:110 Otr1 trlZ ~tJ to> ~::j :;:~ "'* D.p.. §'.n ' -~ta.~·2,n·s~----· I ! .. -- _fz!· :•#¥ __]~- ,,_.:)_: i~ ; ... ________ _., ___ _ CITY OF ATLANTIC BEACH CITY MAP Street ;·_ .. tl!r· .. :<··· ·;ii:·· ·t"" tt;' ' fiih_s; .. ·. _{Jt,-·· L. -,~,lft_~%1·~~-"---~- AGENDA ITEM# 4C DECEMBER ll' 2006 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Grant Application DATE: November 30, 2006 SUBMITTED BY: David E. Thomps~ef ofPolice/DPS BACKGROUND: AGENDA ITEM# 4D DECEMBER II, 2006 Based on Federal Funding from the U.S. Department of Justice, the Florida Department of Law Enforcement allocated $3,071 for the Atlantic Beach Police Department to be utilized between February 1, 2007 and July 31, 2007. This funding can be used for a number of law enforcement initiatives including technological enhancements. With City Commission approval, staff would like to dedicate this funding to the Emergency Notification System (previously discussed as Code Red). The police department is currently comparing similar emergency communications systems to obtain the best services for the best price. When a company is selected, the cost for the 6 month period between, February 1, 2007 and July 31, 2007 is estimated at approximately $3,750. Since there is currently no dedicated funding for these services, staff proposes utilizing grant funding during this time period. BUDGET: No matching funding is required. RECOMMENDATIONS: Commission approval for the Mayor to sign the grant application and related paperwork, and for the Mayor to sign subsequent paperwork associated with this grant. ATTACHMENTS: Grant Application A ITEM NUMBER: ----- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct Subgrant Recipient Organization Name: City of Atlantic Beach County: Duval FEID OR SAMAS: 59-6000267 Chief Official Name: Donald Wolfson Title: Mayor Address: 800 Seminole Road City: Atlantic Beach State: FL Zip: 32233 Phone: 904-24 7-5809 Ext: Fax: 904-24 7-5846 Suncom: Email: dwolfson@coab.us Chief Financial Officer Name: Nelson Liere Title: Finance Director Address: 800 Seminole Road City: Atlantic Beach State: FL Zip: 32233 Phone: 904-247-5807 Ext: Fax: 904-24 7-5877 Suncom: 904-852-5807 Email: nvanliere@coab.us .. -·-.,--- . :_. - ~ -'-_-<. --~ ~ -. ---,-: . Application Ref# 2007 -JAGD-290 Section #1 Page 1 of 2 Contract -JAGD-DUVA-- - AGENDA ITEM# 4D DECEMBER II, 2006 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct I . Implementing Agency Organization Name: Atlantic Beach Police Department County: Duval FEID OR SAMAS: 59-6000267 Chief Official Name: David Thompson Title: Chief of Police Address: 850 Seminole Road City: Atlantic Beach State: FL Zip: 32233 Phone: 904-24 7-5864 Ext: Fax: 904-24 7-5899 Sun com: 904-852-5864 Email: dthompson@coab.us AGENDA ITEM# 4 D DECEMBER II, 2006 Application Ref# 2007 -JAGD-290 Section #1 Page 2 of 2 Contract -JAGD-DUVA--- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-Direct General Project Information Project Title: EMERGENCY NOTIFICATION SYSTEM Project Sequence No: 1 Subgrant Recipient: City of Atlantic Beach Implementing Agency: Atlantic Beach Police Department Project Start Date: 2/1/2007 End Date: 7/31/2007 Problem Identification AGENDA ITEM# 4D DECEMBER II, 2006 Currently, the Atlantic Beach Police Department has no way to notify large numbers of citizens of immediate hazards that may exist in the community on a timely basis. Getting timely information to citizens is a critical component when providing for public safety. Examples of hazardous incidents when quick notification would be critical for saving lives include: Gas leaks including chlorine, sulfur dioxide, natural gas, propane gas; Contamination of the water supply; Mass casualty incidents; Terrorist and/or criminal incidents; Missing children and/or elderly adults; Hazardous weather conditions i.e. hurricane, tornadoes, flooding. Project Summary The Atlantic Beach Police Department is planning to contract with a service provider that is capable of providing the quick communications capabilities necessary for public safety. This service will allow the police department to target a specific area of the community, and provide a voice message to all of the telephones registered in that area. Cell phones and pagers can also be added to the data base for communications. This system will be able to send out up to 1,000 messages per minute to the telephone numbers in the targeted area. The process includes identifying the targeted area, recording a message to be sent out, and then launching the calls. Application Ref# 2007-JAGD-290 Section #2 Page 1 of 1 Contract -JAGD-DUVA--- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct Federal Purpose Area: 006 -Planning, Evaluation & Technology Improve. Progs. AGENDA ITEM# 4D DECEMBER 11, 2006 Application Ref# 2007 -JAGD-290 Section #3 Page 1 of 1 Contract -JAGD-DUVA--- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct General Financial Info: AGENDA ITEM # 4D DECEMBER II, 2006 Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Annual Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000267 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $3,071.00 $0.00 $3,071.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 --Totals-· $3,071.00 $0.00 $3,071.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) No Application Ref# 2007-JAGD-290 Section #4 Page 1 of 3 Contract -JAGD-DUVA-- - Budget Narrative: Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct AGENDA ITEM# 4D DECEMBER II, 2006 All of the requested funding for this project ($3071.00) will be dedicated to contractual services. The contracted service provider will include the software, data bases, phone lines, and capabilities necessary for the police department to target a specific area, record a message, and launch multiple telephone calls within a short period of time. The total contracted services are expected to cost approximately $3,750 for six months of service from February 1, 2007 through July 31, 2007. Additional funding requirements above the grant funding will be paid through the police department budget. Application Ref# 2007 -JAGD-290 Section #4 Page 2 of 3 Contract -JAGD-DUVA-- - Section Questions: Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct AGENDA ITEM # 4D DECEMBER II, 2006 Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Enter N/A if not applicable. Answer: N/A Question: If Salaries and Benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase? Enter N/A if not applicable. Answer: N/A Question: If benefits are to be paid, are they included in your budget narrative? Enter N/A if not applicable. Answer: N/A Question: If indirect costs is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Application Ref# 2007 -JAGD-290 Section #4 Page 3 of 3 Contract -JAGD-DUVA--- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct . ···• .•.. · Section 5: Standard Condition~ • ·. Insert Standard Conditions Page here. AGENDA ITEM# 4D DECEMBER l;, 2006 Application Ref# 2007 -JAGD-290 Section #5 Page 1 of 1 Contract -JAGD-DUVA-- - Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions AGENDA ITEM# 4D DECEMBER II, 2006 Conditions of agreement requ1nng compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 11 D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State~ Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports-JAG Countywide Only SFY 2007 (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period. (c) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as appro.ved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2007 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding a. JAG Countywide -Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. b. JAG Direct -The Department shall award program funds to the recipient in a single, lump sum payment. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 -Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2007 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 0 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or suorecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The SFY 2007 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability shc,uld be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SFY 2007 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2007 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (1 0) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten ( 1 0) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. SFY 2007 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for SFY 2007 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 -Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968,42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 -Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Srant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. SFY 2007 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice P·ograllls. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Title Ill), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SFY 2007 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 00-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2007 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 41. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, b9sed upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offr::,nders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamin.a Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory SFY 2007 Page 12 SFY 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure prope:: compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 81 0 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P .L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting SFY 2007 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 49. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life ofthe grant, 10 percent of the award amount must be returned to the grantor. 51. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 52. Global Justice Data Model Specifications To support public safety and justice inform':ltion nharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.gov/gjxdm. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Ceritification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information . and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2007 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data. 4. A description of the project containing assurance by the applicant that: (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and physical security of identifiable data. SFY 2007 Page 16 I J ' J CITY OF ATLANTIC BEACH CITY COMMISSION ME ETING STAFF REPORT AGENDA ITEM # 6A DECEMBER II , 2006 AG E NDA ITEM: Resolution Granting Perpetual Easements to FOOT for Traffic Signals Along Mayport Road S UBMITTED BY: Rick Carper, P.E., Public Works Director f'?-C DATE: November 28, 2006 . . BACKGROUND: As follow-on to the Jacksonville, Atlantic Beach and FOOT project for resurfacing Mayport Road and installing raised, landscaped medians, FOOT will be upgrading the existing traffic signals from span wire mounted to mast arm configuration. As part of the preparation for this signal upgrade, FOOT has requested the City of Atlantic Beach grant perpetual easements within the rights of way of Plaza Drive, West Plaza Drive, Levy Road, Donner Road and Dutton Island Road. The requested easements are for "the purpose of constructing and maintaining traffic signal loops, mast arms, mast arm supports, ADA ramps, sidewalk and pedestrian pole,". RECOMM ENDATION: Staff recommends the Commission pass the accompanying Resolution authorizing the Mayor to sign the Perpetu~l Easement document. ATTACHM ENTS: Resolution No. 06-17 Perpetual Easement document December 11 th Regular Meeting RESOLUTION NO. 06-17 AGENDA ITEM# 6A DECEMBER 11, 2006 A RESOLUTION OF THE. CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO SIGN DOCUMENTS GRANTING PERPETUAL EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING TRAFFIC SIGNALS ALONG MAYPORT ROAD, AND · PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. AlA/101, Section No. 72230, F.P. No. 2088283, in Duval County, .Florida; and WHEREAS, it is necessary that an easement across certain lands now owned by THE CITY OF ATLANTIC BEACH, FLORIDA, be acquired by the State of Florida Department of Transportation; and WHEREAS, said use is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a perpetual easement, or easements, in favor of the State of Florida Department of Transportation for the purpose of constructing and maintaining traffic signal loops, mast arms, mast arm supports, ADA ramps, sidewalk and pedestrian poles, and said request having been duly considered. NOW, THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. That the application of the State of Florida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which is in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor of the State of Florida Department of Transportation in THE CITY OF AT ANTIC BEACH, FLORIDA, should be drawn and executed by this City Commission. SECTION 2. The Mayor is hereby authonzed to execute the documents granting Perpetual Easements to the Florida Department of Transportation on behalf ofthe City of Atlantic Beach. SECTION 3. This Resolution shall take effect immediately upon its final passage and adoption. SECTION 4. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Lake City, Florida. AGENDA ITEM # 6A DECEMBER 11, 2006 PASS ED AND ADOPTED by the City of Atlantic Beach, this 11th Day of December 2006. ATTEST: DONNA L. BUSSEY City Clerk Approved as to form and correctness: ALAN C. JENSEN City Attorney DONALD M. WOLSON Mayor 07-PE.13-November 20, 2006 T. S. # Map Sheets #5, #6, #7, #9, and #11 Tax Parcel No. This instrument prepared by or under the direction of: Kenneth S. Davis District General Counsel Florida Department of Transportation 1109 South Marion Avenue Lake City, Florida 32025-5874 PARCEL NO. SECTION NO. F.P. NO. STATE ROAD COUNTY OF PERPETUAL EASEMENT 800.1 72230 2088283 A1A/101 Duval AGENDA ITEM # 6A DECEMBER 11,2006 THIS EASEMENT, made this day of , 20 ____ , by'THE CITY OF ATLANTIC BEACH, FLORIDA, a municipality of the State of Florida, whose mailing address is 800 Seminole Road, Atlantic Beach, Florida 32233, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 1109 South Marion Avenue, Lake City, Florida 32025-5874, ·its successors and assigns, grantee. ·WITNESSETH: That the grantor for and in consideration of the sum of One Dollar {$1.00) and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of. constructing and maintaining traffic signal loops, mast arms, mast arm supports, ADA ramp, sidewalk and pedestrian pole, in, over, upon and through the following described land in Duval County, Florida, viz: PARCEL NUMBER 800 F.P. NO. 2088283 PART "A" PERPETUAL EASEMENT SECTION 72230 A. PARCEL OF LAND BEING A PORTION OF PLAZA ROAD, {A 50.00 RIGHT OF WAY AS NOW ESTABLISHED), SECTION "H", ATLANTIC BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18, PAGE 34, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN THE BARTOLOMEO DE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, SAID DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 1, BLOCK 47, OF SECTION "H" ATLANTIC BEACH, AS PER PLAT BOOK 18, PAGE 34, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN THE BARTOLOMEO DE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, SAID DUVAL COUNTY, FLORIDA, SAID CORNER ALSO BEING ON THE SOUTHERLY EXISTING RIGHT OF WAY LINE OF PLAZA ROAD (A 50. 00 FOOT RIGHT OF WAY BY PLAT) , AND RUN SOUTH 6 9 °10 '2 6" EAST, ALONG THE NORTHERLY LINE OF LOT 1 , Sl'.ID BLOCK 47 ,. AND TRf, SOUTHERLY EXISTING RIGHT OF WAY LINE OF SAID PLAZA ROAD, A. DISTANCE OF 67.08 FEET FOR A POINT OF BEGINNING; 'rHENCE NORTH 20°39'09" EAST, DEPARTING SAID NORTHERLY BLOCK LINE, AND SAID SOUTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 50.00 FEET TO THE NORTHERLY EXISTING RIGHT OF WAY LINE OF SAID PLAZA ROAD, AND THE SOUTHERLY LINE OF BLOCK 48, SAID SECTION "H", ATLANTIC BEACH; THENCE SOUTH 69°10'26" EAST, ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, AND SAID SOUTHERLY BLOCK LINE, A DISTANCE OF 38.25 FEET TO THE WESTERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD NO. A1A/101 {A 100.00 FOOT RIGHT OF WAY AS PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION NO. 72230, F.P. NO. 2088283); THENCE SOUTH 20°39'09" WEST, DEPARTING SAID NORTHERLY EXISTING RIGHT OF WAY LINE, AND SAID SOUTHERLY BLOCK LINE, AND ALONG SAID WESTERLY EXISTING RIGHT OF WAY LINE, A Page -1 - AGENDA ITEM# 6A DECEMBER II, 2006 DISTANCE OF 50.00 TO THE NORTHERLY LINE OF SAID BLOCK 47, AND THE SOUTHERLY EXISTING RIGHT OF WAY LINE OF SAID PLAZA ROAD; THENCE NORTH 69°10'26 11 WEST, DEPARTING SAID WESTERLY EXISTING RIGHT OF WAY LINE, ALONG SAID SOUTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 38.25 FEET TO THE POINT OF BEGINNING. CONTAINING 1,912 SQUARE FEET, MORE OR LESS. ALSO: PART "B" A PARCEL OF LAND BEING A PORTION OF PLAZA ROAD (A VARIABLE WIDTH RIGHT OF WAY AS NOW ESTABLISHED), IN THE BARTOLOMEO DE CASTRO Y. FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 43, BLOCK 6, ROYAL PALMS UNIT ONE, ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK 30, PAGE 60 AND 60A, OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN THE BARTOLOMEO DE CASTRO Y. FERRER GRANT, SECTION 3 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, SAID DUVAL COUNTY, FLORIDA, SAID CORNER ALSO LYING ON THE NORTHERLY EXISTING RIGHT OF WAY LINE OF PLAZA ROAD (A VARIABLE WIDTH RIGHT OF WAY AT THIS POINT); THENCE NORTH 85°26'53 11 WEST, ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 191.00 FEET TO THE POINT OF BEGINNIN~; THENCE SOUTH 20°39'09 11 WEST, DEPARTING SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 41. 11 FEET; THENCE NORTH 85°26'53 11 WEST, A DISTANCE OF 26.54 FEET; THENCE SOUTH 20°39'09 11 WEST, A DISTANCE OF 40.87 FEET TO A POINT ON THE SOUTHERLY EXISTING RIGHT OF WAY LINE OF SAID PLAZA ROAD; THENCE NORTH 8 5° 2 6 1 53 11 WEST, ALONG SAID SOUTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 15.35 FEET TO THE INTERSECTION WITH THE EASTERLY EX-ISTING RIGHT OF WAY LINE OF STATE ROAD NO. A1A/101 (A 100 FOOT RIGHT OF WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION NO. 72230, F.P. NO. 2088283); THENCE NORTH 20°39'09 11 EAST, ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 81.98 FEET TO A POINT ON THE NORTHERLY EXISTING RIGHT OF WAY LINE OF SAID PLAZA ROAD; THENCE SOUTH 85°26 '53 11 EAST, ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 41.90 FEET TO THE POINT OF BEGINNING. cONTAINING 2,257 SQUARE FEET, MORE OR LESS. PART "C" A PARCEL OF LAND BEING A PORTION OF LEVY ROAD (A VARIABLE WIDTH RIGHT OF WAY AS NOW ESTABLISHED), IN GOVERNMENT LOT 3, SECTION 17, AND IN THE BARTOLOMEO DE CASTRO Y. FERRER GRANT, SECTION 3 8, TOWNSHIP 2 SOUTH, RA11GE 29 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK 53, SECTION "H" ATLANTIC BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, PAGE 34, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN THE BARTOLOMEO DE CASTRO Y. FERRER GRANT, SECTION 3 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, SAID DUVAL COUNTY, FLORIDA; THENCE SOUTH 85°07'10 11 EAST, ALONG THE SOUTHERLY EXISTING RIGHT OF WAY LINE OF SAID LEVY ROAD, A . DISTANCE OF 43.62 FEET TO THE POINT OF BEGINNING; THENCE FIORTH 04°52'50 11 EAST, DEPARTING SAID SOUTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 43.75 FEET; THENCE SOUTH 85°07 '10 11 EAST, A DISTANCE OF 34.75 FEET; THENCE NORTH 20°39'09 11 EAST, A DISTANCE OF 25.32 FEET TO A POINT ON THE NORTHERLY EXISTING RIGHT OF WAY LINE OF SAID LEVY ROAD; THENCE SOUTH 84°46'25 11 EAST, ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 8.17 FEET TO A POINT ON THE WESTERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD NO. A1A/101 (A 100.00 FOOT RIGHT OF WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION NO. 72230, F.P. NO. 2088283); THENCE SOUTH 20°39'09 11 WEST, ALONG SAID WESTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 70.73 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY EXISTING RIGHT OF WAY LINE OF LEVY ROAD; Page -2 - AGENDA ITEM # 6A DECEMBER II, 2006 THENCE NORTH 85°07'10" WEST, ALONG SAID SOUTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 30.58 FEET TO THE POINT OF BEGINNING. CONTAINING 1,807 SQUARE FEET, MORE OR LESS. ALSO: PART "D" A PARCEL OF LAND BEING A PORTION OF DONNER ROAD (A 60.00 FOOT RIGHT OF WAY AS NOW ESTABLISHED), IN GOVERNMENT LOT 3, SECTION 17, AND IN THE BARTOLOMEO DE CASTRO Y. FERRER GRANT, SECTION 3 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WESTERLY LINE OF LOT 33, BLOCK 6, ROYAL PALMS UNIT ONE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 30, PAGE 60 AND 60A, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN THE BARTOLOMEO DE CASTRO Y. FERRER GRANT, SECTION 3 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, WITH THE SOUTHERLY EXISTING RIGHT OF WAY LINE OF DONNER ROAD (A 60. 00 FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE NORTH 85°09'18" WEST, ALONG SAID SOUTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 203.26 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 8 5° 0 9 ' 18" WEST, ALONG SAID SOUTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 7. 43 FEET TO THE EASTERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD NO. A1A/101 (A 100.00 FOOT RIGHT OF WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION NO. 72230, F.P. NO. 2088283); THENCE NORTH 20°39'09" EAST, ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 62.36 FEET TO THE NORTHERLY EXISTING RIGHT OF WAY LINE OF SAID DONNER ROAD; THENCE SOUTH 85°09'18" EAST, ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 38.61 FEET; THENCE SOUTH 20°39'09" WEST, DEPARTING SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 37.41 FEET; THENCE NORTH 85°09'18" WEST, A DISTANCE OF 31.18 FEET; THENCE SOUTH 20°39'09" WEST, A DISTANCE OF 24.94 FEET TO THE POINT OF BEGINNING. CONTAINING 1,568 SQUARE FEET, MORE OR LESS. ALSO: PART "E" . A PARCEL OF LAND BEING A PORTION OF DUTTON ISLAND ROAD WEST (A 40.50 FOOT RIGHT OF WAY AS NOW ESTABLISHED), IN GOVERNMENT LOT 3, SECTION 17, TOWNSHIP 2 SOUTH, RANGE 2 9 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WESTERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD NO. A1A/1.01 (A 100.00 FOOT RIGHT OF WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION NO. 72230, F.P. NO. 2088283) WITH THE SOUTHERLY EXISTING RIGHT OF WAY LINE OF DUTTON ISLAND ROAD WEST (A 40.50 FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE SOUTH 88°58'17" WEST, ALONG SAID SOUTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 36.60 FEET; THENCE NORTH 01°01'43" WEST, DEPARTING SAID SOUTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 14.08 FEET TO A POINT ON THE CITY LIMITS LINE BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF A'I'LANTIC BEACH; 'rHENCE NORTH 89°05'59" EAST, ALONG SAID CITY. LIMITS LINE, A DISTANCE OF 37.22 FEET TO THE AFOREMENTIONED WESTERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD NO. A1A/101, AND TO A POINT ON THE ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 2,817.54 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH · 01° 2 9 ' 11" WEST, 14 . 01 FEET; THENCE SOUTHERLY, ALONG SAID WESTERLY EXISTING RIGHT OF WAY LINE, AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°17'06", AN ARC DISTANCE OF 14.01 FEET TO THE POINT OF BEGINNING. CONTAINING 518 SQUARE FEET, MORE OR LESS. ALSO: Page -3 - PART "F" AGENDA ITEM # 6A DECEMBER II, 2006 A PARCEL OF LAND BEING A PORTION OF DUTTON ISLAND ROAD EAST {A 50.00 FOOT RIGHT OF WAY AS NOW ESTABLISHED), IN GOVERNMENT LOT 2, SECTION 17, TOWNSHIP 2 SOUTH, RANGE 2 9 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF BLOCK 23, DONNER'S REPLAT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 19, PAGE 16 AND 16A, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN SECTION 17, TOWNSHIP 2 SOUTH, RANGE 2 9 EAST, SAID DUVAL COUNTY, FLORIDA; THENCE SOUTH 8 9 ° 2 7 ' 3 2" WEST, ALONG THE NORTHERLY LINE OF SAID BLOCK 2 3 , DONNER' S REPLAT, AND ALONG THE SOUTHERLY EXISTING RIGHT OF WAY LINE OF DUTTON ISLAND ROAD EAST {A 50.00 FOOT RIGHT OF WAY AS NOW ESTABLISHED), A DIS'rANCE OF 133.12 FEET TO THE INTERSECTION WITH THE EASTERLY EXISTING RIGHT OF WAY LINE STATE ROAD NO. A1A/101 {A 100.00 FOOT RIGHT OF WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION NO. 72230, F.P. NO. 2088283), AND TO A POINT ON THE ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 2,917.54 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 01°58'42" EAST, 23.73 FEET; THENCE NORTHERLY, ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°27 '57", AN ARC DISTANCE OF 23.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY, ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°18'52", A DISTANCE OF 16.01 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 01°35'17" EAST, 16.01 FEET; THENCE NORTH 89°27'31" EAST, DEPARTING SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 30.94 FEET; THENCE SOUTH 00°32'29" EAST, A DISTANCE OF 16.00 FEET; THENCE SOUTH 89°27'31" WEST, A DISTANCE OF 31.54 FEET TO THE POINT OF BEGINNING. CONTAINING 500 SQUARE FEET, MORE OR LESS. ALSO: PART "G" A PARCEL OF LAND BEING A PORTION OF FAIRWAY VILLAS DRIVE, FAIRWAY VILLAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN GOVERNMENT LOT 10, SECTION 8, TOWNSHIP 2 SOUTH, RANGE 2 9 EAST, SAID DUVAL COUNTY, FORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 2, FAIRWAY VILLAS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, SAID DUVAL COUNTY, FLORIDA, SAID CORNER ALSO LYING ON THE EASTERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD NO. A1A/101 {A 100.00 FOOT RIGHT OF WAY PER FLORIDA DEPARTl>:IENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION NO. 72230, F.P. NO. 2088283); THENCE NORTH 01°42'00" WEST, ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 182.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01°42'00" WEST, ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 47.17 FEET TO A POINT ON A CURVE, CONCAVE NORTHEASTERLY, f!lWING A RADIUS OF 2 5 . 0 0 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 46°42'00" EAST, 35.36 FEET, SAID POINT ALSO LY:i:l::G ON THE NORTHERLY EXISTING RIGHT OF WAY LINE OF FAIRWAY VILLAS DRIVE; AS PER PLAT OF SAID FAIRWAY VILLAS; THENCE SOUTHEASTERLY, ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9 0 ° 0 0 '0 0", AN ARC DISTANCE OF 3 9 . 2 7 FEET TO THE END OF SAID CURVE; THENCE NORTH 8 8 °18 ' 0 0" EAST, ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 6.30 FEET; THENCE SOUTH 01°42 '00" EAST, DEPARTING SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 22.17 FEET; THENCE SOUTH 88°18'00" WEST, A DISTANCE OF 31.30 FEET TO THE POINT OF BEGINNING. CONTAINING 828 SQUARE FEET, MORE OR LESS. Page -4 - ALSO: PART "H" AGENDA ITEM # 6A DECEMBER I I, 2006 A PARCEL OF LAND BEING A PORTION OF FLEET LANDING BOULEVARD (A 60.00 FOOT RIGHT OF WAY AS NOW ESTABLISHED), IN GOVERNMENT LOTS 2 AND 3, SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF FAIRWAY VILLAS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A, OF THE CURRENT PUBLIC REC((RDS OF DUVAL COUNTY, FLORIDA, IN GOVERNMENT LOT 7, SECTION 8, TOM~SHIP 2 SOUTH, RANGE 29 EAST, SAID DUVAL COUNTY, FLORIDA, SAID CORNER ALSO LYING ON THE EASTERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD NO. AlA/101 (A 100.00 FOOT RIGHT OF WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS, SECTION NO. 72230, F.P. NO. 2088283); THENCE SOUTH 88°18' 00" WEST, DEPARTING SAID EASTERLY EXISTING RIGHT OF WAY LINE, AND ALONG THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID FAIRWAY VILLAS, A DISTANCE OF 50.00 FEET TO THE CENTERLINE OF SURVEY OF SAID STATE ROAD NO. AlA/101; THENCE NORTH 01°42'00 11 WEST, ALONG SAID CENTERLINE OF SURVEY, A DISTANCE OF 1,340.04 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE, EASTERLY, AND HAVING A RADIUS OF 5,726.36 FEET; THENCE NORTHERLY, ALONG SAID CENTERLINE OF SURVEY, AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°45'52", AN ARC DISTANCE OF 276.28 FEET; THENCE NORTH 88°15'35 11 EAST, DEPARTING SAID CENTERLINE OF SURVEY, A DISTANCE OF 50.06 FEET TO A POINT ON THE EASTERLY EXISTING RIGHT OF WAY LINE OF SAID STATE ROAD NO. AlA/ 101, AND THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE NORTHERLY EXISTING RIGHT OF WAY LINE OF FLEET LANDING BOULEVARD (A 60.00 FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE NORTH 88°15'35" EAST, DEPARTING SAID EASTERLY EXISTING RIGHT OF WAY LINE, AND ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 40.04 FEET; THENCE SOUTH 01°44'25 11 EAST, DEPARTING SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 42.75 FEET; THENCE SOUTH 88°15'35" WEST, A DISTANCE OF 41.99 FEET TO A POINT ON THE EASTERLY EXISTING RIGHT OF WAY LINE OF SAID STATE ROAD NO. AlA/101, SAID POINT ALSO BEING ON THE ARC OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5,676.36 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 00°52 '25" EAST, 42.79 FEET; THENCE NORTHERLY, ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, THROUGH AN ANGLE OF 00°25 '55", AN ARC DISTANCE OF 42.79 FEET TO THE POINT OF BEGINNING. CONTAINING 1,755 SQARE FEET, MORE OR LESS. TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City.Clerk, the date first above written. ATTEST: ________________________ ___ CITY OF ATLANTIC BEACH, FLORIDA Print Name: ______________________ _ Its City Clerk BY: __________________________ __ Print Name: ______________________ _ Its Mayor Page - 5 - STATE OF FLORIDA COUNTY OF DUVAL AGENDA ITEM # 6A DECEMBER I I, 2006 The foregoing instrument was acknowledged before me this ____ day of _________ , 20 __ , by -------------------' Mayor, Pursuant to the authority of Resolution --------------' who is personally known to me or who has produced as identification. Print Name: Notary Publ'i-c--,i'n_a_n---od;--;f=-o-r-.,-t=-h-e __ _ County and State last aforesaid. My Commission Expires: _____ _ Page - 6 - :l Ll I) ) J ) I ) J I I~ I~ I a_ I- I~ 3 /I I 02' ( P l 2 2 3 I 02' < P l ~I "' N .,; 0 - 'STA.43•48.44 88-25'1LTI ~TA.4'1•· "' "' N 0 ... 0 "' "' a_ 0 IJ') ~ - 3: ' a: 0 1.{) LL. 0 <t 0 a: == U)U N- QI'l "' u I<> -ui 0 2 3 'a.. ..o-N' . "' or; ;;-"' cno .., ... z ~I ;:: -,~ ' 3 a: ~I 0 i~ I 1.{) I I 02 · <Pl f- ll) w 3: f- lJ.J w a: f- ll) I I 2 I I '=1 I ~ 1'= . I . Nl I N W\CAP LB 6715 RLS 4144 STA. 46 •02.33 FNO. 1\2 " IP L~~0 cA~'2 " IP JN ~~0 cA~,~~s 1 :144LN STA. 45•00.38\ STA . 45•51 .36 49.90'1LTl SO .OB'ILTJ 49.96'1LTl \ I' 51 ' !PI 51 ' !PI 51' !Pl J.j 5 51-:~~PL:::·::·::·~:~-___ ~=~±~ ______ ~_S/ '\ ~ __ E:> • ~ 51' (Pl I 51 ' !Pl <P>Izs· <P>J _5_1_<_P_'--re--/--1 I ft -...= ~--7-"':".'i''::":ft ... _,. -.L•~ ~~ .... \ -~o-o'--3_9_'_0,...9::---:c,--ol--:=E ~--:_-:_-:_~2 __ -~_-:_-:~iT!; ~~ :DAD NO. AIA/101 CMAYPORT ROADl FNO. 4X4" CMON WI Nl 8 PLATE NO IO STA. 41•26.25. 49.97"1RTl SURVEY f STATE ROAD NO. AIA/101 f ROAD l +00.00 FERRER GRANT / "! IU1 STA.43•4B.33 ·/ 1 50.00'(LTl I 1 I I STA. 44•19.97 50.00 ' ILTl 45 1 I It REFERENCE POINT N 20°39'09" E FNO. 1\2 " I P i~O I 0 STA. 43•26-25 V'\• S TA-4 4 •08.01 \. STA. 44•14.75 ':'1-:.:. 50.00'IRTJ ~1-e, 42.52' LT ':?.\~ FNO. %" REBAR ~\·~ SET %" REBAR 46 FNO . MA G NL a DISK BLS LB367 2 STA. 46•27.34 49.99'1LTI . I WI CAP CROASOELL LB I 20 ·I WI ALUM! NUM CAP · \-~~ 44•07.98. 4 9 -94 'IR ~ .----STAMPED "7223001 C3" ------------- ~ " ~ 149 .98'1CI IS O.OO 'IDl rh ~ 1 --. 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'" -~ , ______________________ / 70 71 FNO. PK Nl W\ DISK STMJP ED "CITY OF JAX " STA . 72 •25. I I, ltJ1------- Io I. • 73 I 0"' w-:; ~ l-i )----------------- CP l 0 ..... :;; 212 3 I 25' CP I 63. I ' CP > 2 62.5 ' CP l U) "' (J'I '- -... "' "'"' "' 0 :;; :;; "'ClF , CONC r--,---x-6' ClF XI-:'"" .. '/ 192 .!'(PI P/ @ FNO. I \2" ( ~~A~ -~j •79.59 49.97'1RTI ~2 so.0~1 (!fr' I ;;; -i 12 C) 190 ' IP l "" v,· " .. ~~ 10 I[ l1l 0 "' 0 "' N "' " FNO . 5 \B" REBA!l WI FOOT CA? STA. 73•75.33 so.oo· cL Tl 9 "' 0 ... 0 "' :;; 8 PART "E" Nl 'm 2.5' "'p s~~ AA C/ ---·I 26.42'CCI I "' "' 0 8 U1 WO> "' -n "'-PART "A" -(') -I I STA. C3 JL: STA . 72•23.00 so. oo· cu 1 DETAIL "A" / / / _./ SCALE ----------- PT STA.73+75.33 FND. PK NAIL a DISK .f' WBF 74 FNO. I \2" !P NO !. D. STA. 74•08 . 12 49.73' IRT> 8 N 01°42 '00" W---E-X 75 N OI 0 42'C 7 CLEARVIEW PARK PLAT BOOK 16 PAGE O;t.. 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(c) ~726.36' CCl 25. 00' (c) 25.00'(C) 5676.36'CCJ CB N08"07 '23 "E N08"55'48 "E S37" 18'23 "E S09"02 '31 "E N09"56 '38 "W N45"46 '59"W N00"20'43"E 25.66' CCl 13.61. (c) 21.40. (c) 53.51 . (c) 42.79'CCi 5676.36'(C) I 07.0 I 'I C J 5 776. 36 · C C l Noo• 52· 25 "E S00"29 '20"W 82 .87'1C) 165.73'1 CJ 5726.36'(C) N00"52' 15 "W .:URVf: O AT.t.. '~ 0 1" 39 i ~ 8 3. 5'3' J O .. l R r i PC STA. I/ 7+59. 2Ll CH 15. 90'1 CJ 143.98 'CC) 15. 00' (c) 167.60 '1CJ 8. 60. (c) 35.81 ' (c) 27.23'CCJ 42.79'CCJ I 07.01 · C C l 165.72'CCl FNO. PK NAIL B DISK 1 •• 167. r J · '.:HURD • t t; ~. I ·r •.:H QRO BlARING R, 5f76.3t;· N ouc· s..: · 1 s .. w ., ,, $1A .: -.,y:4·g OCJ ~J "' V1 S TA.! 19•49.46 aT~\ 11~ ;: ' c: ii- "-' z -o: _J V1 Vl Vl -o: ! ' ___ .... ·.:i J- ::--. j I ·-dl:/FNll. I n.~ IP NO I D .:>' i\ ". I l Vl ·-· ! :.;; "t !"-' 81. 3(1' lf'l ------ "' N -j: j ~- 3: ·'"' ~ I'. I u: 1"'-J ~~ ... 0 ,., .... I j -, :~ ''"- I ~ ~ - 1::-'l I ,, 001 S it..J 1 9•':1 .L~t! 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'I "' '' ·' "1 \ \.. ...... fNO . / ... !f· w LA P DUROE.N 1 ~ i l ··ll:l 5TA. l<r)·~·i .. ~.:t so .oo·, Hr 1 ST/..! 20 ·j9, ~~:~ a a. 99' I Ri'"l ' -· :_:uv ~ ·r LC t::l> tTlCl nm mz ~t::l ttl;> m_ ;:tl-l -m :-~ N'lt 00\ §;;> AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM # 6B DECEMBER II, 2006 Resolution 06-18, a resolution providing for the issuance by the City of Atlantic Beach, Florida of its Variable Rate Health care Facility Revenue Bonds (Fleet Landing Project) Series 2006. Jim Hanson, City Mana December On November 13, 200 , the City of Atlantic Beach, City Commission voted unanimously to approve an inducement resolution. Resolution 06-16 authorized the execution and delivery of a memorandum of agreement with the Naval Continuing Care Retirement Foundation, Inc. The agreement enabled Fleet Landing to proceed with its financing of the expansion of the Fleet Landing Healthcare Facility. Fleet Landing has requested the City of Atlantic Beach to authorize the issuance of the Series 2006 Bonds in an aggregate principal amount not to exceed $20,000,000. Fleet Landing has represented to the City that this financing plan will result in substantial savings in connection with this project and therefore benefiting both Fleet Landing and the City. Included in this packet is Resolution 06-18, a resolution providing for the issuance by the City of Atlantic Beach, Florida of its Variable Rate Healthcare Facility Revenue Bonds (Fleet Landing Project) Series 2006. Included in this resolution is the granting of general authority for the commissioners, officials, attorneys, or other agents or employees of the issuer to do all acts and things required of them in this resolution. It also grants authority to do all things required of the Loan Agreement, the Indenture, the Bond Purchase Agreement, and the assignment of the Series 2006 bonds. Only the Resolution is included in this packet, all other documents related to the issuance of the bonds are available to the public in the City Clerk's Office of the City of Atlantic Beach, Fl. RECOMMENDATION: Pass resolution #06-18 ATTACHMENTS: • Resolution 06-16 RESOLUTION NO. 06-18 A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTIC BEACH, FLORIDA OF ITS VARIABLE RATE DEMAND HEALTH CARE FACILITIES REVENUE BONDS (FLEET LANDING PROJECT), SERIES 2006, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000, AND FOR A LOAN BY THE CITY TO NAVAL CONTINUING CARE RETIREMENT FOUNDATION, INC., A FLORIDA NOT-FOR- PROFIT CORPORATION, IN A PRINCIPAL AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT OF SAID SERIES 2006 BONDS, FOR THE PURPOSES OF (A) FINANCING ALL OR ANY PART OF THE COST OF THE ACQillSITION, CONSTRUCTION AND INSTALLATION OF CERTAIN CAPITAL IMPROVEMENTS TO THE CONTINUING CARE RETIREMENT FACILITY KNOWN AS "FLEET LANDING" AS DESCRIBED IN THIS RESOLUTION AND (B) PAYING A PORTION OF THE COSTS OF ISSUING THE SERIES 2006 BONDS; PROVIDING FOR CREDIT ENHANCEMENT; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE SERIES 2006 BONDS AND FOR THE PAYMENT THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND LOAN AGREEMENT; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2006 BONDS, AND APPROVING THE CONDITIONS AND CRITERIA FOR SUCH SALE; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SERIES 2006 BONDS; AUTHORIZING AN OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2006 BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SERIES 2006 BONDS AND OTHER RELATED INSTRUMENTS AND CERTIFICATES; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2006 BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 06-18 AGENDA ITEM # 6B DECEMBER 11,2006 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the Constitution of the State of Florida, Chapter 159, Part II, Florida Statutes, as amended and supplemented, and other applicable provisions oflaw. SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms defined in this section shall have the meanings specified in this section. Words importing the singular shall include the plural, words importing the plural shall include the singular, and words importing persons shall include corporations and other entities or associations. "Act" means the Constitution of the State ofFlorida, Chapter 159, Part II, Florida Statutes, as amended from time to time, and other applicable provisions oflaw. "Additional Bonds" means the Additional Bonds provided for in the Indenture. "Bond Purchase Agreement" means the Bond Purchase Agreement among the Issuer, the Borrower and the Purchaser, substantially in the form attached hereto as Exhibit D, as amended or supplemented from time to time. "Bonds" means the Series 2006 Bonds and any Additional Bonds. "Borrower" means Naval Continuing Care Retirement Foundation, Inc., a Florida not-for-profit corporation as described in Section 501(c)(3) ofthe Code, and its lawful successors and assigns, to the extent permitted by the Loan Agreement. "City" means the City of Atlantic Beach, Florida, an incorporated municipality of the State. "City Commission" means the City Commission of the City. "Code" means the Internal Revenue Code of 1986, as amended. "Credit Facility" means, an irrevocable direct-pay letter of credit, bond insurance policy and/or guaranty (including any substitute letter of credit, bond insurance policy or guaranty delivered in accordance with the financing documents) securing the payment of such Bonds issued by a Credit Provider. "Credit Provider" means a commercial bank, bond insurer and/or other entity where the Credit Facility provided by such entity will cause the Series 2006 Bonds secured by such Credit Facility to be rated at least "A" (without regard to gradations or modifiers) by Moody's or S&P, and shall mean initially Wachovia Bank, National Association, as issuer of an irrevocable direct-pay letter of credit. "Facilities" means the continuing care retirement facilities known as "Fleet Landing" which are located at One Fleet Landing Boulevard in Atlantic Beach, Florida and all land, buildings, stmctures, improvements, equipment, fixtures, machinery, furniture, furnishings RESOLUTION NO. 06-18 2 and other real and personal property that are provided by a project and any other capital addition, improvement, extraordinary repair or replacement, and all land, buildings, structures, improvements, equipment, fixtures, machinery, furniture, furnishings and other real and personal property now or hereafter attached to, or located in, or used in connection with, any such land, buildings, structures or improvements and all additions thereto, substitutions therefor and replacements thereof, whether now owned or hereafter acquired by the Borrower. "Indenture" means the Trust Indenture between the Issuer and the Trustee, substantially in the form attached hereto as Exhibit A, as amended or supplemented from time to time. "Inducement Resolution" means the Resolution pertaining to the Series 2006 Bonds, adopted by the Issuer on November 13, 2006. "Issuer" means the City. "loan Agreement" means the Loan Agreement between the Issuer and the Borrower, substantially in the form attached hereto as Exhibit B, as amended or supplemented from time to time. "Mayor" means the Mayor or, in the Mayor's absence, such other officer of the Issuer as may be duly authorized by the Issuer to act on his behalf. "Mortgage" means, collectively, the Mortgage and Security Agreement dated as of November 15, 1999, from the Borrower, as mortgagor, to the Issuer, as mortgagee; the Assignment of Mortgage dated as of November 15, 1999 from the Issuer to the 1999 Trustee; and the Mortgage and Security Agreement from the Borrower, as mortgagor, to the 1999 Trustee and Credit Provider, as mortgagees, to be delivered in connection with the issuance of the Series 2006 Bonds, each as amended or supplemented from time to time. "Mortgaged Property" has the meaning assigned to such term in the Mortgage. "1999 Trustee" means U.S. Bank, National Association, as successor trustee to First Union National Bank. "Notes" means the Series 2006 Note and any Additional Notes. "Official Statement" means the Official Statement relating to the Series 2006 Bonds, substantially in the form attached hereto as Exhibit E, as amended or supplemented from time to time. "Project" means the acquisition, construction and installation of certain capital improvements to the continuing care retirement facility known as "Fleet Landing", including without limitation, 35 independent living units consisting of 5 homes and 15 duplexes (each containing 2 units), a community center containing auditorium, fitness center, lap pool, technology center, dining and kitchen facilities, and related facilities, renovations to the existing amenity center, and related facilities, fixtures, furnishings and equipment (collectively, the RESOLUTION NO. 06-18 3 "Project") to be owned and operated by the Borrower, and located at One Fleet Landing Boulevard, in the City of Atlantic Beach, Florida. "Purchaser" means Wachovia Bank, National Association, the purchaser of the Series 2006 Bonds. "Series 1999 Bonds" means the Issuer's outstanding Health Care Facilities Revenue Refunding Bonds (Fleet Landing Project). "Series 2006 Bonds" means the Issuer's Variable Rate Demand Health Care Facilities Revenue Bonds (Fleet Landing Project), Series 2006, authorized pursuant to Section 6 hereof. "Series 2006 Note" means the non-negotiable promissory note of even date with the Series 2006 Bonds, substantially in the form attached to the Loan Agreement as Exhibit "B," to be executed and delivered by the Borrower to the Trustee in connection with the issuance of the Series 2006 EDnds. "State" means the State of Florida. "Trustee" means U.S. Bank National Association, Jacksonville, Florida, or a national banking association or trust company at the time serving as corporate trustee under the provisions of the Indenture. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: A. The Issuer is an incorporated municipality of the State and is a "local agency" duly authorized and empowered by the Act to finance the acquisition, construction, reconstruction, improvement, rehabilitation, renovation, expansion and enlargement, or additions to, furnishing and equipping of any capital project, including any "project" (as defined or described in the Act), including land, rights in land, buildings and other structures, machinery, equipment, appurtenances and facilities incidental thereto, and other improvements necessary or convenient therefor, and to obtain funds to finance or refinance the cost thereof by the issuance of its revenue bonds, as the case may be, for the purposes, among others, of enhancing and expanding the health care indust1y, improving the prosperity and welfare of the State and its inhabitants, improving living conditions and health care in the State, increasing purchasing power and opportunities for gainful employment, and otherwise providing for and contributing to the health, safety and welfare of the people ofthe State. B. The Borrower has requested that the Issuer issue the Series 2006 Bonds for the purpose of financing all or a pmt of the costs of a capital project consisting of the acquisition, construction and installation of certain capital improvements to the continuing care retirement facility known as "Fleet Landing", including without limitation, 35 independent living units consisting of 5 homes and 15 duplexes (each containing 2 units), a community center containing auditorium, fitness center, lap pool, technology center, dining and kitchen facilities, and related facilities, renovations to the existing amenity center, and related facilities, fixtures, furnishings and equipment. RESOLUTION NO. 06-18 4 C. In the Inducement Resolution, the Issuer preliminarily authorized the issuance of its Health Care Facilities Revenue Bonds (Fleet Landing Project), in an aggregate principal amount of not to exceed $20,000,000 for the purpose of financing all or any part of the cost of the acquisition, construction and installation of the Project. Based upon updated estimates of the anticipated sources and uses of funds, the Borrower has requested the Issuer to authorize the issuance of the Series 2006 Bonds in an aggregate principal amount not to exceed $20,000,000. D. To reduce the transaction and financing costs relating to the issuance of separate bond issues in separate cities, the Borrower has requested the Issuer to finance the Project through the issuance of the Bonds, with the proceeds of the Bonds to be loaned by the Issuer to the Borrower to finance the costs ofthe portions of the Project located in the City and in the City of Jacksonville, Florida. The Borrower has represented to the Issuer that financing the Project pursuant to a single financing plan will result in substantial cost savings for the Borrower in connection with the Project. · E. ' The Borrower has received from the Credit Provider a commitment to issue the Credit Facility with respect to the Series 2006 Bonds. The Series 2006 Bonds will not be issued unless and until the Credit Provider has issued the Credit Facility and the Series 2006 Bonds have been rated "A" or better by Standard & Poor's Rating Services (without regard to gradations or modifiers). F. The Bonds will be secured by (i) an obligation of the Borrower in the Loan Agreement to make payments sufficient to pay, among other things, the principal of and premium, if any, and interest on such Bonds when and as the same become due, and (ii) the Credit Facility. G. In compliance with Section 147(£) of the Code and the Treasury Regulations thereunder, notice of a public hearing pertaining to the issuance of the Series 2006 Bonds, the plan of financing and the location and nature of the Project has been duly given in the same manner as required by the Issuer for the adoption of resolutions generally, including publication of notice not less than fourteen (14) days prior to such public hearing in a newspaper of general circulation in the City. Such public hearing was held by the Issuer on December 11, 2006, and interested individuals were provided a reasonable opportunity to express their views, both orally and in writing, on the proposed issuance of the Series 2006 Bonds, the plan of financing described herein and the location and nature of the Project. H. The Series 2006 Bonds will not be issued unless the Issuer has received a satisfactory opinion of bond counsel to the effect (among other things) that the interest on the Series 2006 Bonds will be excluded from gross income for federal income tax purposes under existing laws of the United States of America at the time of the delivery of the Series 2006 Bonds. I. The Project and the financing of all or a part of the cost of the Project by the Issuer will be in furtherance of the purposes of the Act in that it will encourage the location of the Project in Duval County (the "County") and the State, it will enhance and expand the health care industries, promote and foster the economic growth and development of the Issuer RESOLUTION NO. 06-18 5 and the State, advance the public purposes providing modem and efficient continuing care facilities in the City and the County, improve living conditions and health care and will serve other predominantly public purposes as set forth in the Act. The Project is appropriate to the needs and circumstances of and shall make a significant contribution to the economic growth and development of the City, the County and the State, shall preserve and provide gainful employment and shall serve a public purpose by advancing the economic prosperity and the general welfare of the City, the County, the State and its people as stated in Section 159.26, Florida Statutes, as amended. J. Based on representations made by the Borrower, the City and other local agencies have been and will continue to be able to cope satisfactorily with the impact of the Facilities and have been and will be able to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that have been or will be necessary for the construction, operation, repair and maintenance of the Facilities and on account of any increases in population or other circumstances resulting therefrom. K. -Adequate provision has been made in the documents attached hereto for a loan by the Issuer to the Borrower to finance a portion of the cost of the Project, for the operation, repair and maintenance of the Facilities at the expense of the Borrower and for the repayment by the Borrower of the loan in installments sufficient to pay the principal of, premium, if any, and the interest on the Series 2006 Bonds and all costs and expenses relating thereto in the amounts and at the times required, and for the payment by the Borrower of all costs incurred by the Issuer in connection with the financing of a portion of the cost of the Project and the administration of the Facilities. L. Subject to the condition that the Borrower provide the Credit Facility to secure the payment of the Bonds, and based upon the financial information heretofore furnished to the Issuer by the Borrower, the Borrower is financially responsible and fully capable and willing to serve the purposes of the Act and fulfill its obligations under the proposed financing agreements for the Project and under any other agreements to be made in connection with the issuance of the Bonds and the use of the Bond proceeds for financing all or a part of the cost of the Project, including the obligation to pay loan payments or other payments in an amount sufficient in the aggregate to pay all of the interest, principal and redemption premiums, if any, on the Bonds, in the amounts and at the times required, the obligation to operate, repair and maintain the Project at the Borrower's own expense, and such other responsibilities as may be imposed under such agreements, due consideration having been given to the financial condition of the Borrower, its ratio of current assets to current liabilities, net worth, earnings trends and coverage of all fixed charges, the nature of the industry or business and of the activity involved, the inherent stability thereof and other factors determinative of the capabilities of the Borrower financially and otherwise, to fulfill its obligations consistently with the purposes of the Act, and to the condition that the Bonds be fully secured by the Credit Facility. M. Based on representations made by the Borrower, the costs of the Project were "costs" of a "project" within the meaning of the Act. All of the proceeds of the Series 2006 Bonds, and to pay a portion of the costs of issuance of the Series 2006 Bonds, will be applied to the financing of a portion of the costs of the Project as provided herein. RESOLUTION NO. 06-18 6 N. Based on information supplied by the Borrower, the best interests of the inhabitants of the City will be served, and the public purposes of the Act will be advanced, by the financing of the cost of the Project in the manner described in the Loan Agreement and the Indenture. 0. The Borrower's obligation to repay the loan made pursuant to the Loan Agreement will be evidenced by the Series 2006 Note. P. The principal of, premium, if any, and interest on the Series 2006 Bonds, and all sinking fund and other payments required to be made by the Issuer under the provisions of the Indenture and the Loan Agreement, shall be payable solely from (i) the income, revenues and proceeds derived by the Issuer under the Loan Agreement, and (ii) other moneys pledged therefor under the Indenture, including proceeds of the Series 2006 Bonds and other moneys held in trust under the Indenture. The Series 2006 Bonds shall not be deemed to constitute a debt, liability or obligation of the Issuer, of Duval County or of the State or any political subdivision thereof, or a pledge of the faith and credit or the taxing power of the Issuer, of Duval County or of the State or any political subdivision thereof, but shall be payable solely from the revenues and proceeds pledged thereto under the Indenture. The issuance of the Series 2006 Bonds shall not directly or indirectly, or contingently, obligate the Issuer, Duval County or the State or any political subdivision thereof, to levy or pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof. No holder or owner of any of the Series 2006 Bonds shall ever have any right to compel the exercise of the ad valorem taxing power or the levy or collection of any ad valorem taxes, directly or indirectly, for the payment of any of the principal of, premium, if any, or interest on the Series 2006 Bonds. Q. The payments to be made by the Borrower under the Loan Agreement will be sufficient to pay all principal of, premium, if any, and interest on the Series 2006 Bonds, as the same shall become due, and to make all other payments required by the Loan Agreement and the Indenture. R. A negotiated sale of the Bonds is required and necessary and is in the best interest of the Issuer for the following reasons: the Bonds will be special and limited obligations of the Issuer payable out of moneys derived by the Issuer from the Borrower or as otherwise provided herein and will be secured by funds and collateral of the Borrower; the Borrower will be required to pay all costs of the Issuer in connection with the financing; the cost of issuance of the Bonds, which must be borne directly or indirectly by the Borrower would most likely be greater if the Bonds are sold at public sale by competitive bids than if the Bonds are sold at negotiated sale, and there is no basis, considering prevailing market conditions, for any expectation that the terms and conditions of a sale of the Bonds at public sale by competitive bids would be any more favorable than at negotiated sale; because prevailing market conditions are uncertain, it is desirable to sell the Bonds at a predetermined price; and revenue bonds having the characteristics of the Bonds are typically sold at negotiated sale under prevailing market conditions. S. The Purchaser has orally agreed with the Borrower to use its best efforts to submit to the Issuer and the Borrower an offer to purchase the Series 2006 Bonds in substantially the fmm of the Bond Purchase Agreement upon terms acceptable to the Issuer and the Borrower RESOLUTION NO. 06-18 7 as hereinafter authorized, and it is necessary and appropriate to authorize a negotiated sale of the Series 2006 Bonds to the Purchaser and to authorize the execution and delivery of the Bond Purchase Agreement upon the terms hereinafter provided. T. It is appropriate that the Issuer approve the Official Statement, and that the Issuer authorize the distribution of the Official Statement prior to the issuance and delivery of the Series 2006 Bonds. For this purpose, it is appropriate that the Official Statement be approved and the distribution thereof in the manner hereinafter provided be authorized. U. All conditions precedent to the financing of the Project have been satisfied, or will be satisfied prior to the delivery of the Series 2006 Bonds, and the issuance of the Series 2006 Bonds will otherwise comply with all of the provisions of the Act. SECTION 4. FINANCING OF PROJECT AUTHORIZED. The financing by the Issuer of the Project in the manner provided herein is hereby authorized . .. SECTION 5. MEMORANDUM OF AGREEMENT. All actions taken by the Issuer in connection with its November 13, 2006 meeting, pertaining to the adoption of the Inducement Resolution and the execution of the Memorandum of Agreement referred to therein (the "Memorandum of Agreement") are hereby ratified and confirmed in all respects. SECTION 6. AUTHORIZATION OF THE SERIES 2006 BONDS. For the purpose of providing funds to (i) pay or reimburse the costs of the Project, and (ii) pay certain costs of issuance of the Bonds, and subject and pursuant to the provisions hereof, the issuance of the Bonds in an aggregate principal amount of not to exceed $20,000,000 is hereby authorized; provided, however, that no series of Bonds shall be issued unless and until: (a) the Credit Facility shall have been delivered to the Trustee; and (b) the City Attorney has rendered his legal opinion relating to the issuance of the of Bonds. The Bonds shall be in the aggregate principal amounts, dated such dates, shall bear interest at such rates, shall be payable or shall mature on such dates and in such amounts, shall be issued in such denominations, shall be subject to optional and mandatory redemption and tender at such time or times, and upon such terms and conditions, shall be payable at the place or places and in the manner, shall be executed, authenticated and delivered, shall otherwise be in such forms, and subject to such terms and conditions, all as provided in the Trust Indenture and Bond Purchase Agreement. Such Bonds shall be designated "Variable Rate Demand Health Care Facilities Revenue Bonds (Fleet Landing Project), Seties 2006." The Bonds and the premium, if any, and the interest thereon shall not be deemed to constitute a general debt, liability or obligation of the Issuer, or the State, or of any political subdivision thereof, or a pledge of the faith and credit of the Issuer, or the State or of any political subdivision thereof, but shall be payable solely from the Trust Estate (as defined in the Trust Indenture) provided therefor under the Trust Indenture, and the Issuer is not obligated to pay the Bonds or the interest thereon except from such Trust Estate pledged therefor and neither the faith and credit of the Issuer nor the faith and credit or taxing power of the Issuer, the State or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, or interest on the Bonds. RESOLUTION NO. 06-18 8 The Indenture pennits the issuance from time to time of Additional Bonds (as defmed in the Indenture), in addition to the issuance of the Initial Bonds (as defined in the Indenture), to make advances on the loan to the Corporation to finance additional costs of the Project. All Additional Bonds shall be subject to the same interest rate, redemption, tender and authorized denomination provisions and shall be in substantially the same form as the Initial Bonds issued under the Indenture. The aggregate principal amount of all Bonds that may be issued under the Indenture is limited to $20,000,000. SECTION 7. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE INDENTURE. The Indenture, substantially in the form attached hereto as Exhibit A with such insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by their execution thereof, is hereby approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute and the City Clerk to attest, under the official seal of the Issuer, the Indenture, and to deliver the Indenture to the Trustee; and all of the provisions of the Indenture, when executed and delivered by the Issuer, as authorized herein, and by the Trustee, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 8. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE LOAN AGREEMENT. The Loan Agreement, substantially in the form attached hereto as Exhibit B with such insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by their execution thereof, is hereby approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute and the City Clerk to attest, under the official seal of the Issuer, the Loan Agreement, and to deliver the Loan Agreement to the Borrower; and all of the provisions of the Loan Agreement, when executed and delivered by the Issuer, as authorized herein, and by the Borrower, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION9. AUTHORIZATION OF EXECUTION AND DELIVERY OF ASSIGNMENT OF SERIES 2006 NOTE. The assignment of the Series 2006 Note substantially in the form set forth in Exhibit B to the Loan Agreement, with such insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by their execution thereof, are hereby approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute and the City Clerk to attest, under the official seal of the Issuer, the assignment of the Series 2006 Note contained therein, upon proper execution of the Series 2006 Note by the Borrower and delivery to the Issuer, and to deliver the Series 2006 Note to the Trustee, in the manner provided in the Loan Agreement; and all of the provisions of the Series 2006 Note and the assignment thereof, when executed and delivered by the Borrower and by the Issuer as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. RESOLUTION NO. 06-18 9 SECTION 10. NEGOTIATED SALE OF SERIES 2006 BONDS; AUTHORIZATION OF EXECUTION AND DELIVERY OF THE BOND PURCHASE AGREEMENT. Subject to the satisfaction of the conditions set forth in this Section, a negotiated sale of the Series 2006 Bonds is hereby authorized. The Mayor is hereby authorized and directed to award the sale of the Series 2006 Bonds to the Purchaser pursuant to the provisions of the Bond Purchase Agreement, subject to all the following conditions: A. Receipt by the Mayor of the Bond Purchase Agreement providing for, among other things, (i) the issuance of such Bonds in an aggregate principal amount which, together with the cumulative aggregate principal amount of any Bonds previously issued by the Issuer, shall not to exceed $20,000,000, (ii) an underwriter's discount not in excess of 2% of the par amount of such Bonds, (iii) a variable interest rate to be determined in accordance with the provisions of the Trust Indenture, with an initial rate not to exceed 6.0% per annum, and (iv) the final maturity date of such Bonds to be no later than thirty-one (31) years from the dated date of such Bonds. B. -Receipt by the Mayor from the Purchaser of a disclosure statement and truth-in-bonding information complying with Section 218.385, Florida Statutes. Upon satisfaction of the foregoing conditions, the Bond Purchase Agreement, with such other insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by the Mayor's execution thereof, is approved and authorized; the Issuer hereby authorizes and directs the Mayor to date and execute the Bond Purchase Agreement and to deliver the Bond Purchase Agreement to the Purchaser; and all of the provisions of the Bond Purchase Agreement, when executed and delivered by the Issuer as authorized herein and by the Borrower and the Purchaser, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 11. APPROVAL AND AUTHORIZATION OF OFFICIAL STATEMENT. The Official Statement in substantially the form attached hereto as Exhibit E, with such insubstantial omissions, insertions and variations as may be necessary and/or desirable and approved by the Mayor prior to the release thereof, is hereby authorized to be delivered by the Issuer to the Purchaser for distribution prior to the issuance and delivery of the Series 2006 Bonds. The Mayor is hereby authorized to deem the Official Statement final as of its date on behalf of the Issuer for purposes of Rule 15c2-12 of the Securities and Exchange Commission (except for such omissions pe1mitted by such Rule), and to execute a certificate to that effect to be delivered to the Purchaser. The Mayor is hereby authorized to evidence the Issuer's approval of the Official Statement by the Mayor's endorsement thereof upon one or more copies, and approval of all such omissions, insertions and variations may be presumed from such endorsement upon any copy of the Official Statement. Bond Counsel is hereby directed to furnish to the Division of Bond Finance of the Department of General Services of the State of Florida a copy of the Official Statement, a notice of the impending sale of the Series 2006 Bonds and the other information required by Section 218.38, Florida Statutes, as amended, within the appropriate time periods specified by such section. SECTION 12. CREDIT ENHANCEMENT. The Series 2006 Bonds shall not be issued until the Credit Provider has issued the Credit Facility with respect to the Series 2006 RESOLUTION NO. 06-18 10 Bonds and the Series 2006 Bonds have been rated "A" or better (without regard to gradations or modifiers) by Standard & Poor's Ratings Services. The Credit Facility, substantially in the form attached hereto as Exhibit C, with such insubstantial changes, corrections, insertions and deletions as may be approved by the Mayor, such approval to be evidenced conclusively by the execution of the Indenture by the Mayor and City Clerk, is hereby approved. SECTION 13. AUTHORIZATION OF EXECUTION OF OTHER CERTIFICATES AND INSTRUMENTS. The Mayor and the City Clerk are hereby authorized and directed, either alone or jointly, under the official seal of the Issuer, to execute and deliver certificates of the Issuer certifying such facts as counsel for the Issuer, counsel to the Purchaser or Bond Counsel shall require in connection with the issuance, sale and delivery of the Series 2006 Bonds, and to execute and deliver such other instruments, including but not limited to, tax certificates and agreements, deeds, assignments, bills of sale and financing statements, as shall be necessary or desirable to perform the Issuer's obligations under the Loan Agreement, the Indenture, the Bond Purchase Agreement, and the assignment of the Series 2006 Note, and to consummate the transactions hereby authorized. SECTION 14. NO PERSONAL LIABILITY. No representation, statement, covenant, warranty, stipulation, obligation or agreement herein contained, or contained in the Series 2006 Bonds, the Loan Agreement, the Indenture, the Series 2006 Note, the Bond Purchase Agreement, or the assignment thereof or in any certificate or other instrument to be executed on behalf of the Issuer in connection with the issuance of the Series 2006 Bonds, shall be deemed to be a representation, statement, covenant, warranty, stipulation, obligation or agreement of any member, officer, employee or agent of the Issuer in his or her individual capacity, and none of the foregoing persons nor any officer of the Issuer executing the Series 2006 Bonds, the Loan Agreement, the Indenture, the assignment of the Series 2006 Note, the Bond Purchase Agreement, or any certificate or other instrument to be executed in connection with the issuance of the Series 2006 Bonds shall be liable personally thereon or be subject to any personal liability or accountability by reason of the execution or delivery thereof. SECTION 15. APPOINTMENT OF TRUSTEE. U.S. Bank National Association, a national banking association, with a designated corporate trust office located in Jacksonville, Florida, is hereby appointed as the Bond Trustee under the Trust Indenture relating to the Bonds and as registrar and paying agent with respect to the Bonds. SECTION 16. VALIDATION. The Series 2006 Bonds shall not be required to be validated pursuant to Chapter 75, Florida Statutes, as amended; provided, however, that if required by counsel to the Issuer, counsel to the Borrower or Bond Counsel, the Series 2006 Bonds may be validated and in such event Issuer's counsel is hereby authorized, at the expense of the Borrower, to prepare validation pleadings on behalf of the Issuer and to take any and all action as Issuer's counsel may deem necessary or desirable for the validation of such Series 2006 Bonds. SECTION 17. NO THIRD PARTY BENEFICIARIES. Except as provided herein or in the Series 2006 Bonds, the Loan Agreement, the Indenture, the Series 2006 Note, the Bond Purchase Agreement, and any assignment thereof, nothing in this Resolution or in such documents, expressed or implied, is intended or shall be construed to confer upon any person, RESOLUTION NO. 06-18 11 firm, corporation or other organization, other than the Issuer, the Borrower, the Trustee and the owners from time to time of the Series 2006 Bonds any right, remedy or claim, legal or equitable, under and by reason of this Resolution or any provision hereof or of such documents; this instrument, such documents and all provisions hereof and thereof being intended to be and being for the sole and exclusive benefit of the Issuer, the Borrower, the Trustee and the owners from time to time of the Series 2006 Bonds. SECTION 18. PREREQUISITES PERFORMED. All acts, conditions and things relating to the passage of this Resolution, to the issuance, sale and delivery of the Series 2006 Bonds, to the execution and delivery of the Loan Agreement, the Indenture, the Bond Purchase Agreement, and the assignment and delivery of the Series 2006 Note, required by the Constitution or other laws of the State, to happen, exist and be performed precedent to the passage hereof, and precedent to the issuance, sale and delivery of the Series 2006 Bonds, to the execution and delivery of the Loan Agreement, the Indenture, the Bond Purchase Agreement, and the assignment and delivery of the Series 2006 Note, have either happened, exist and have been performed as so required or will have happened, will exist and will have been performed prior to such execution and delivery. SECTION 19. COMPLIANCE WITH CHAPTER 218, PART III, FLORIDA STATUTES. The Issuer hereby approves and authorizes the completion, execution and filing with the Division of Bond Finance, Department of General Services ofthe State of Florida, at the expense of the Borrower, of Bond Information Form BF 2003, and any other acts as may be necessary to comply with Chapter 218, Part III, Florida Statutes, as amended. SECTION 20. GENERAL AUTHORITY. The commissioners, officials, attorneys, engineers or other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Resolution, the Series 2006 Bonds, the Loan Agreement, the Indenture, the Bond Purchase Agreement, and the assignment ofthe Series 2006 Note, and to do all acts and things which are desirable and consistent with the requirements hereof or of the Selies 2006 Bonds, the Loan Agreement, the Indenture, and the assignment of the Selies 2006 Note, for the full, punctual and complete performance of all the terms, covenants and agreements contained herein or in the Series 2006 Bonds, the Loan Agreement, the Indenture, and the assignment of the Series 2006 Note. SECTION 21. THIS RESOLUTION CONSTITUTES A CONTRACT. The Issuer covenants and agrees that this Resolution shall constitute a contract between the Issuer and the owners from time to time of the Series 2006 Bonds, and that all covenants and agreements set forth herein and in the Series 2006 Bonds, the Loan Agreement, the Indenture, the Bond Purchase Agreement, and the assignment of the Seties 2006 Note, to be performed by the Issuer shall be for the equal and ratable benefit and seculity of the owners from time to time of the Series 2006 Bonds, the Series 1999 Bonds and any Additional Bonds, without privilege, priority or distinction as to lien or otherwise of any of the Bonds over any other of the Bonds. SECTION 22. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the Credit Facility of express law, though not expressly prohibited, or against public Credit Facility, or shall for any reason whatsoever be held invalid, RESOLUTION NO. 06-18 12 then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions hereof or of the Series 2006 Bonds issued under the Indenture. SECTION 23. REPEALING CLAUSE. All parts of the Inducement Resolution and other agreements contemplated thereby not in conflict with the provisions herein contained are hereby reaffirmed. All resolutions or parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. RESOLUTION NO. 06-18 13 SECTION24. immediately upon its adoption. EFFECTIVE DATE. This Resolution shall take effect PASSED AND ADOPTED this 11th day of December, 2006. (OFFICIAL SEAL) ATTEST: City Clerk CITY OF ATLANTIC BEACH, FLORIDA By: _____________ _ Mayor APPROVED AS TO FORM AND CORRECTNESS: City Attorney RESOLUTION NO. 06-18 14 Exhibit A -Trust Indenture Exhibit B -Loan Agreement Exhibit C-Specimen Credit Facility Exhibit D -Bond Purchase Agreement Exhibit E -Official Statement RESOLUTION NO. 06-18 EXHIBIT LIST 15 EXHIBIT A TRUST INDENTURE EXHffiiTB LOAN AGREEMENT EXHIBITC SPECIMEN CREDIT FACILITY EXHIBITD BONDPURCHASEAGREEMENT EXHIDITE OFFICIAL STATEMENT CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM #7A DECEMBER II, 2006 AGENDA ITEM: Public hearing and final reading of Ordinance 90-06-197 to adopt amendments to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations, including provisions to address large scale retail development. SUBMITTED BY: Sonya Doerr, AICP d ,t{) Community Development Director DATE: November 28, 2006 BACKGROUND: The attached ordinance contains the following requested additional language (underlined on page 4) to clarify that outdoor areas used for sales, display or storage are included in the 60,000 square feet limit for retail uses in the CG District. (Please note, I have added "display, sales or storage areas" to clarify that this would not include parking areas or dumpster enclosures that might be enclosed by a fence.) Large-Scale Retail Establishments shall include those businesses, whether in a stand-alone Building or in a multi-tenant Building, which occupy a Floor Area exceeding 60,000 square feet including any interior courtyards, all areas under roof and also any other display, sales or storage areas partially or fully enclosed by any means including walls, tarps, gates or fencing. Also, Public Works Director Rick Carper made a good catch as he reviewed the ordinance. The existing Impervious Surface Limit language (top of page 6) could be construed to mean that Impervious Surface limits do not apply to infill or redevelopment in the Commercial General districts. Impervious limits for previously developed sites are addressed elsewhere in the Code and also in the Comprehensive Plan. As currently enforced, if a developed commercial site contains more than the 70% limit, Impervious Surface cannot be increased as part of any redevelopment. For example, if a site contains 80% Impervious Surface, it cannot contain more than 80% Impervious Surface area after redevelopment. The following underlined language clarifies this and creates consistency with other existing regulations. (1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious Surface shall not apply to infiH Development or redevelopment of previously developed sites. Where existing Impervious Surface area exceeds seventy percent (70%) on previously developed sites, new Development shall not exceed the pre-construction Impervious Surface area, and required landscaping shall be provided in accordance with Division 8 of this Chapter. Stormwater management requirements shall apply to infill Development and to redevelopment projects involving exterior site changes. The final minor change (top of page 5) at the recommendation of the City Clerk, is the replacement of the term Occupational License with Local Business Tax Receipt, per changes in State law. The City Attorney has reviewed these changes and concurs that these are not substantial changes. The title has been appropriately revised, and second reading and adoption may proceed at this meeting. BUDGET: No budget issues. RECOMMENDATION: Approval upon final reading of Ordinance Number 90-06-197, as amended, adopting revisions to Section 24-112 of the Land Development Regulations, the Commercial General (CG) Zoning District regulations. ATTACHMENTS: Proposed Ordinance 90-06-197 and Impervious Surface Area Limit Policy from the Comprehensive Plan. ;L REVIEWED BY CITY MANAGE::::R:.::.._: =-~~------ December 11, 2006 regular meeting ORDINANCE NUMBER 90-06-197 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, SAID ORDINANCE RE-ADOPTING CHAPTER 24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 5, SECTION 24-112, COMMERCIAL GENERAL DISTRICTS, TO ESTABLISH SIZE LIMITS FOR RETAIL ESTABLISHMENTS AND TO MAKE OTHER GENERAL REVISIONS INCLUDING THE ELIMINATION OF HEAVY AUTOMOTIVE REPAIR AS A USE-BY-EXCEPTION, IN THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. RECITALS AGENDA ITEM #7 A DECEMBER 11,2006 WHEREAS, the City of Atlantic Beach, under the authority of Chapter 166, Part I, Florida Statutes, The Municipal Home Role Powers 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; all providing broad authority to plan for and regulate the use and development ofland on the basis of the impact such development may have on the City, and WHEREAS, pursuant to such authority, the City has divided lands into Zoning Districts, has adopted a Comprehensive Plan, and has adopted regulations to guide the future use and development of lands within the City. WHEREAS, it is the stated public policy of the City of Atlantic Beach, as set forth within Policy A.1.10.4 ofthe 2015 Comprehensive Plan that the City shall actively support the appropriate redevelopment and infill development of the Mayport Road corridor. Retail and service uses that encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged. WHEREAS, public hearings to enact this Ordinance were held by the City Commission for the City of Atlantic Beach on November 27, 2006 and December 11, 2006. In support of stated policies of the City, including applicable goals, objectives and polices as set forth within the adopted 2015 Comprehensive Plan, the City Commission hereby finds that adoption of this Ordinance amending the Commercial General District regulations shall be in the best interests of the citizens of the City of Atlantic Beach and shall serve to implement such goals, objectives and policies. Page 1 of6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7A DECEMBER II, 2006 NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations Article III, Zoning Regulations, Division 5, Establishment of Districts, Section 24-112, Commercial General Districts, within the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended, and upon enactment shall read as follows. Sec. 24-112. Commercial General Districts. (CG) (a) Intent. Within the City of Atlantic Beach, the CG Zoning District is intended for Uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New Development and new Uses within these Districts should have direct access to Arterial or Collector Streets, and sites should be designed so that increased traffic through adjacent residential neighborhoods is avoided. (b) Permitted Uses. Typical Uses permitted within the CG Zoning Districts shall include neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such Uses shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such Uses that have the potential for negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely effect existing commercial uses or any nearby residential uses. Permitted Uses shall also not include Adult Entertainment Establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement centers, bingo, billiard or pool halls, game arcades, gaming, video poker establishments or individual machines, including any type of token or coin-operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. The Uses permitted in the CG Zoning Districts shall include the following subject to the limitations as set forth within following paragraph (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed Building properly licensed for such Use. (1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery, luggage, jewelry, art, florist including silks, cameras, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and Building materials, auto, boat and marine related pmis, and similar retail Uses. Page 2 of6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7 A DECEMBER 11,2006 (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry cleaner, funeral home, job printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service Uses. (3) Banks with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. (4) Child Care Centers in accordance with Section 24-152. (5) Business and Professional Offices. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of the adjacent Building licensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. (7) Retail sale of beer and wine only for off-premise consumption. (8) On-premise consumption of beer and wine only in conjunction with a full service Restaurant, which is a food service Use where unpackaged ready-to-consume food is prepared on-site and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. (9) Automobile Service Station with Minor Automotive Repair and with accessory car wash. (10) Theaters, but not a multi-screen (exceeding two screens) or regional Cineplex. (11) Institutional and Government Uses, Buildings and facilities. (12) Churches in accordance with Section 24-153. (13) A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use and located within the same Building as the Principal Use. Such Dwelling Unit is intended to be occupied by the Owner or an employee of the Principal Use. (14) Those Uses listed as Permitted Uses and Uses-by-Exception in the Commercial Limited and Commercial, Professional and Office Zoning Districts. (15) Residential Use, consistent with the Comprehensive Plan, which permits Residential uses not exceeding the Medium Density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Area. Policy A.l.ll.l(b) Single-family residential Uses within the CG Zoning Districts existing as of the initial effective date of these Land Development Regulations shall be considered as Vested Development. Page 3 of6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7 A DECEMBER 11, 2006 (c) Uses-by-Exception. Within the CG Zoning Districts, the following Uses may be approved as a Use-by-Exception where such proposed Uses are found to be consistent with the Uses permitted in the CG Zoning Districts with respect to intensity of Use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. (1) Pet kennel and facilities for the boarding of animals. (2) Veterinary clinic. (3) On-premise consumption of alcoholic beverages in accordance with Chapter 3 of this Municipal Code. (4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-through business. (This shall not be construed to prohibit restaurants with cany- out service, which are a Permitted Use.) (5) Limited wholesale operations, not involving industrial products or processes or the manufacturing of products of any kind. ( 6) Contractors, not requiring outside storage, provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one contractor related vehicle shall be parked outdoors on a continuous basis. (7) Produce and fresh markets with outdoor sale and display of garden produce only. (8) Hotel, Motel, Motor Lodge, Resort Rental or Tourist Court and Short-term rentals as defined within Section 24-17. (9) Cabinet shops, woodworking shops and surfboard production. (1 0) Hospital, nursing home, assisted care and similar institutional facilities. (11) Sale of new and used automobiles, motorcycles and boats, and Automotive leasing establishments, but not temporary car, truck, boat or motorcycle shows or displays. (12) Businesses offering Live Entertainment, not including adult entertainment establishments as defined by Chapter 847.001 (2), Florida Statutes. (d) Limitations on Certain Uses. Permitted Uses within the CG Zoning Districts shall not include Large-Scale Retail Establishments, which for the purposes of this Chapter shall be defined by their size and as follows. Large-Scale Retail Establishments shall include those businesses, whether in a stand-alone Building or in a multi-tenant Building, which occupy a Floor Area exceeding 60,000 square feet including any interior courtyards, all areas under roof and also any other display, sales or storage areas partially or fully enclosed by any means including walls, tarps, gates or fencing. Large-Scale Retail Establishments are commonly referred to as "big-box" retailers, discount department stores, super-centers, warehouse clubs or by similar terms. Such establishments may offer a similar type of products such as electronics or appliances or office products, but more typically offer a wide variety of general merchandise and Page 4 of6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7 A DECEMBER 11, 2006 departments, which may include home improvement, house-wares and home furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to limit the overall size of Shopping Centers as these are defined within Section 24-17, but shall apply to any Building where businesses with separate Occupational Licenses Local Business Tax Receipts may share the same interior space of a Building which is not separated into individual units by structural fire rated walls or that do not contain separate and distinct exterior entrances. Intent. The intent of this limitation is to ensure that the City's limited commercial areas are developed or redeveloped with uses that are compatible with the residential character of the City and further, to implement related Goals, Objectives, and Policies of the 2015 Comprehensive Plan, restated in part as follows. (1) Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the City. (Policy A.J.5. 7) (2) The City shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2015 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City. (Objective A.l.ll -Appropriate Land Use Patterns) (3) The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach. (Objective A.l. 3-Maintaining Residential Character) (e) Minimum Lot Size. The minimum size for Lots within the Commercial General Zoning Districts shall be as follows. (1) Lot or site area: 5000 square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (1 00) feet. (f) Minimum Yard Requirements. The minimum Yard requirements within the Commercial General Zoning Districts shall be as follows: (1) Front Yard: Twenty (20) feet, except that the Front Yard may be reduced to ten (10) feet where required Off-Street Parking is located at the rear or side of the Building site, and the primary business entrance is designed to face the Street. (2) Rear Yard: Twenty (20) feet. (3) Side Yard: Ten (10) feet where adjacent to existing residential Use or a Street. Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum on either side. Page 5 of6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7 A DECEMBER II, 2006 (g) Building Restrictions. The building restrictions in the Commercial General Zoning Districts shall be as follows: (1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious Surface shall not apply to infill Development or redevelopment of previously developed site&-Where existing Impervious Surface area exceeds seventy percent (70%) on previously developed sites, new Development shall not exceed the pre-construction Impervious Surface area, and required landscaping shall be provided in accordance with Division 8 of this Chapter. Stormwater management requirements shall apply to infill Development and to redevelopment projects involving exterior site changes. (2) Maximum Building height: Thirty-five (35) feet. (3) Parking. Off-Street Parking shall be provided in accordance with Section 24-161 of this Chapter. Where existing Uses, which do not provide the required number of Off-Street parking spaces as set forth within Section 24-161(g) are replaced with similar Uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in Floor Area or expansion in Building size, including the addition of seats shall require provision of additional parking for such increase or expansion. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 27th day of November, 2006. Passed upon final reading and public hearing this 11th day of December, 2006. Approved as to form and correctness: ALAN C. JENSEN, CITY ATTORNEY ATTEST: DONNA BUSSEY, CITY CLERK DONALD M. WOLFSON Mayor/Presiding Officer Page 6 of6 Ordinance Number 90-06-197 Effective Date: December 11, 2006 AGENDA ITEM #7 A DECEMBER 11,2006 2015 COMPREHENSIVE PLAN Table A-1 Residential Land Use Classification and Permitted Density Residential Land Use Maximum Density Permitted per Acre Classification Residential -Low Density (RL) Up to six (6) Dwelling Units Residential-Medium Density (RM) Seven (7) to fourteen (14) Dwelling Units Residential-High Density (RH) Fifteen (15) to twenty (20) Dwelling Units Policy A.1.5.1 0 The City shall permit non-residential development only in compliance with the following non-residential intensity standards for commercial and industrial land use classifications as designated on the Future Land Use Map and in accordance with the following table. Classification Commercial Table A-2 Non-Residential Intensity Standards Floor Area Ratio* Impervious Surface Area Limit .50-.70 Floor Area 70% maximum Ratio* Central Business District** .50-.70 Floor Area 70% maximum Ratio* Industrial .25 - . 70 Floor Area 70% maximum Ratio* Public and Semi-Public .50-.70 Floor Area 70% maximum Ratio* * ** The Floor Area Ratio is determined by dividing the gross floor area of a building by the size of the property upon which the building will be constructed. Within the Central Business District category, a single Dwelling Unit within the same Building contf3ining a Permitted Use, which is occupied by the owner or an employee of such Permitted Use, shall be allowed, . provided that such Building is not located within the Coastal High Hazard Area. EAR Based Amendment Adopted September 13, 2004 A-8 Future Land Use Element -GOPS Ordinance Number 31-04-04 AGENDA ITEM #lB DECEMBER 11' 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: First Reading of Ordinance 90-07-198 to adopt amendments to Chapter 24 to add new Article V, Environmental and Natural Resource Regulations, Division I, Wellhead Protection. SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: November 30, 2006 BACKGROUND: The City's 2015 Comprehensive Plan states that our Land Development Regulations shall be amended "to include provisions for wellhead protection and to address limits on activities that have the potential for contaminating soil as well as ground and surface waters. " The City's eight wells are deep wells (700 to 1000 feet) into the Floridan Aquifer. Research conducted by the St. Johns River Water Management District and the City of Jacksonville's Environmental Resources Management Department has indicated that faulty deep private wells (wells that are drilled into the Hawthorne Group or Floridan Aquifer) may be a risk for contaminating public potable wells. State law also references a list of industries and contaminants with potential to threaten the public water supply. Per state law, as part of the ordinance the City will establish a 500-foot radius Wellhead Protection Area around each public well as shown on the attached map. No new private wells may be drilled and no existing wells may be deepened into the Hawthorne Group or Floridan Aquifer without obtaining permits from the City of Jacksonville and the City of Atlantic Beach, and ensuring there is no known contamination in the area. Deep private wells in the Wellhead Protection Area will need to be properly constructed and maintained. The City of Atlantic Beach will have authority to inspect these wells and require the owner to make any necessary repairs or to properly abandon the well if repair is not feasible. We may also require the owner to submit documentation of well maintenance. At present, no existing private wells are affected by this proposed ordinance. Both Neptune Beach and Jacksonville Beach utility personnel have been assisting in development of this ordinance, and have plans to request similar ordinances for their cities in the future. BUDGET: No cunent impact. RECOMMENDATION: Approve upon First Reading Ordinance Number 90-07-198, to adopt amendments to Chapter 24 to add new Article V, Environmental and Natural Resource Regulations, Division I, Wellhead Protection. 1 ATTACHMENTS: 1. Ordinance No. 90-07-198 2. Map of Wellhead Protection Areas 3. Copy of Florida Admin. Code 62-521, Wellhead Protection REVIEWED BY CITY MANAGER:._ ~ AGENDA ITEM #7B DECEMBER 11, 2006 2 ORDINANCENUMBER ==~0~6~==~90~-~07~-~19~8 AGENDA ITEM #7B DECEMBER II, 2006 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90- 01-172 INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, TIDS ORDINANCE SPECIFICALLY AMENDING CHAPTER 24 TO ADD NEW ARTICLE V, ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS, DIVISION I, WELLHEAD PROTECTION, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Atlantic Beach fmds and declares that improperly constructed or maintained private wells in the Hawthorn Group and Floridan Aquifer that are in proximity to Public Potable Water wells within the City of Atlantic Beach are potentially hmmful to the drinking water supply of the City of Atlantic Beach and its outside- City service areas. WHEREAS, the City Commission hereby finds that adoption of this Ordinance and implementation of these wellhead protection regulations shall be in the best interests of the citizens of the City of Atlantic Beach by protecting the drinking water supply and shall also serve to implement the goals, objectives and policies of the adopted 2015 Atlantic Beach Comprehensive Plan. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations is hereby amended to add new Article V, Environmental and Natural Resource Regulations, Division 1, Wellhead Protection, and upon enactment shall read as follows. ARTICLE V. ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS DIVISION 1. WELLHEAD PROTECTION Sec. 24-261. Purpose and Intent. (a) The intent of these regulations to protect and safeguard the health, safety and welfare of the residents of the City of Atlantic Beach by establishing wellhead protection measures that safeguard the Floridan Aquifer from intmsion of any contaminants that may jeopardize present and future public water supply wells in the City of Atlantic Beach. It is also the intent of the City of Atlantic Beach to augment policies adopted in the Comprehensive Plan that address the protection of Public Potable Water wells. 90 -07 -198 1 Section 24-262. Definitions. AGENDA IT EM #78 DECEMBER II , 2006 Faulty Well means any well completed into the Floridan Aquifer or Hawthorne Group which does not meet the requirements as specified in this Section 24-266. Hawthorne Group Well means any well that penetrates a portion of the Hawthorne Formation, with a screened or open hole segment terminating within the Hawthorne Formation. Potable Water means water which is intended for drinking, culinary or domestic purposes subject to compliance with state and federal drinking water standards. Private Well means a shallow aquifer, Hawthorne, or Floridan well that is not a Public Potable Water well. Public Potable Water Well means any water well completed into the Floridan Aquifer, which supplies Potable water to a community water system or to a non-transient, non-community water system, as those terms are defmed in Rule 62-521.200, Florida Administrative Code. Public Water Supply Utility or "Utility" means the owner of a Public Potable Water Well or Wellfield. Risk of Contamination means the existence of a faulty Floridan or Hawthorne well located within a Wellhead Protection Area, a source of contamination, and/or a gradient in the shallow aquifer towards the faulty Floridan or Hawthorne well, creating a threat to a Public Potable Water well due to cross contamination between aquifers or source waters. Wellfield means more than one Public Potable Water well owned by a Public Water Supply Utility in close proximity to each other. Wellhead Protection Area means an area consisting of a five hundred foot (500') radial setback distance around a Public Potable Water Well or Wellfield where the most stringent measures are provided to protect the ground water sources for a potable water well and includes the surface and subsurface area sunounding the well. Wellhead Protection Area Map means a map showing the location of the boundary of each of the Wellhead Protection Areas. Section 24-263. Establishing and Mapping Wellhead Protection Areas. (a) There is hereby established a Wellhead Protection Area around each Public Potable Water Well and/or Wellfield. Wellhead Protection Areas shall be mapped for the edification of the public and to assist the City in safeguarding the ground water resource. Any new Public Potable Water wells shall have the Wellhead Protection Areas added to the map within 30 days of completion of construction. 90 -07 -1 98 2 Section 24-264. Investigations and Monitoring. AGENDA ITEM #7B DEC EMBER II , 2006 (a) A map shall be developed and kept up-to-date, using the City's GIS system, to show the location of any known private wells within the Wellhead Protection Area that are drilled into the Hawthorne or Floridan Aquifer. The mapping shall include a review of available federal, state and local environmental databases, including, but not limited to, databases pertaining to Brownfields Redevelopment Programs, Florida Department of Environmental Protection SIS Contaminated Sites List, lists of commercial hazardous waste transporters' facilities, hazardous waste notifications, solid waste facilities, storage tank and petroleum contamination/cleanup records, U.S. Environmental Protection Agency Comprehensive Environmental Response, Compensation and Liability Act and Resource Conservation and Recovery Act remedial action sites. Any sites deemed to be potential contamination risks by the City may be investigated by City staff or their consultants. In conducting the investigation, the City shall, at a minimum, consider the condition of such sites; the status of the site within any applicable U.S. Environmental Protection Agency and/or Florida Department of Environmental Protection regulatory program; and, any existing or planned remediation activities and site management plans. f91Using the City's and St. Johns River Water Management District's (SJRWMD) water well database, the City shall map private well locations within the Wellhead Protection Areas and shall assess the depth, use, and condition of each identified private well from available records. The City shall identify wells known or likely to penetrate the Hawthorne Group and/or Floridan Aquifer within each Wellhead Protection Area. Thereafter, the City shall have authority to conduct an investigation of each well into the Hawthorne Group and Floridan Aquifer to determine the condition of the well and its potential as a contaminant pathway into the Floridan Aquifer. The investigation may include a request for records of the well construction, regulatory reports, maintenance logs or other documents and data records available from the owner or from regulatory agencies . If the services of a contri:wtor or consultant are needed , the costs may be charged to the well o'nner. (b) (c) The City shall have the right to assess to the best of its ability whether any wells are located within, or downgradient in the shallow aquifer gradient from a contaminated site within a Wellhead Protection Area. The City shall dete1mine the condition of the well to prevent the migration of contaminants from non-Floridan aquifers to the Floridan Aquifer based on the applicable regulatory standards of design and installation, and proper maintenance practices including but not limited to the following: (1) Proper grout seal outside ofthe casing; (2) Presence of an approved and certified backflow prevention device if required; (3) Proper sanitary seal on wellhead; (4) Concrete pad around wellhead; (5) Surface water drainage; (6) Well casing integrity; and (7) Properly maintained pumping and distribution systems. 90-07 -1 98 3 AGENDA ITEM #7B DECEMBER I I, 2006 (d) It shall be the responsibility of the City to determine that a Public Potable Water well is at Risk of Contamination. Once this determination has been made, the City may identify the specific contaminants of concern, and report to the St. Johns River Water Management District (SJRWMD) and Florida Department of Environmental Protection (PDP). Should the services of a contractor or consultant be needed to determine contaminants of concern, the cost for this determination '<'t'ill be borne by the owner of the tffi:llty well. Section 24-265. Prohibitions in Wellhead Protection Areas. (a) Within a 500-foot radius around an existing Public Potable Water well, those actions and uses established by the Florida Department of Environmental Protection in Rule 62- 521.400, Fla. Admin. Code, which is adopted by reference, shall be prohibited. Additionally, no existing private wells shall be deepened and no new wells shall be constructed within designated Wellhead Protection Areas that penetrate a portion of the Hawthorne Group or the Floridan Aquifer without first obtaining a well construction permit from the City of Jacksonville as provided in Environmental Protection Board Rule 8 and including a review of areas on known contamination at or near the proposed or existing well location. A City of Atlantic Beach building well permit from the Building Department must also be received prior to construction. All new wells within such areas must be fully grouted. Abandonment of existing wells shall be in accordance with applicable SJRWMD requirements and a copy of the plugging and abandonment report shall be submitted to the City. Section 24-266. Requirements Within Wellhead Protection Areas. The following requirements apply to all Floridan Aquifer wells, including Private wells, within the boundary of a Wellhead Protection Area. (a) All Floridan and Hawthorn wells may be inspected by the City or their consultants at any time after the effective date of this ordinance. The City shall prioritize re-inspections for wells that, in its opinion, pose the greatest threat to the Floridan Aquifer. (b) Floridan Aquifer wells that do not have positive piezometric pressure shall have a backflow prevention device in compliance with local plumbing code and Department of Environmental Protection rules. (d) Within one year after the effective date of this ordinance, all Private Floridan wells within a Wellhead Protection Area shall be configured with a sanitary seal on the wellhead and a concrete pad around the outside of the well casing to prevent leakage of surface water into the well. Each well shall be finished with a concrete pad a minimum of 5' x 5' and at least 3" thick. The pad shall be finished above ground surface to allow surface water to drain away from the wellhead. The surrounding ground surface should be sloped away from the wellhead, if possible, to further prevent surface water from collecting at the wellhead. 90 -07 -198 4 AGENDA IT EM #78 DEC EMBER II, 2006 (e) Floridan Aquifer wells shall be drilled, maintained and repaired according to the standards of Chapters 62-524 and 40C-3, Florida Administrative Code. (f) The City shall notify the owner of any well that is not found to be in compliance with the requirements of this section of the violation. Any Private well not properly constructed or maintained to reasonably prevent contamination from any other aquifer to the Floridan Aquifer shall be abandoned, repaired or replaced. The cost of abandonment, repair or replacement shall be the responsibility of the well owner and/or the owner of the property on which the well is located. All Private Faulty wells found to be out of compliance shall have ninety (90) days to either perform those repairs necessary to bring the Private well into compliance with this section or to properly abandon the well pursuant to the appropriate standards and procedures. Copies of inspection reports from the St. Johns River Water Management District confirming that the well has been properly abandoned, repaired or replaced shall be submitted to the City. If the work is not inspected by the St. Johns River Water Management District, the City or their consultant shall inspect the well to confirm that it has been properly abandoned, repaired or replaced at the cost of the owner, and the abandonment, repair or replacement shall be entered into a database of well-related information maintained by the City. Failure to properly repair or abandon a Private Faulty well, pursuant to the requirements of this Section, shall be referred to the Code Enforcement Board. Section 24-267. Notice of Release or Spill of Contaminants in Wellhead Protection Areas. (a) The City shall send written requests to local hazardous release/spill responders to immediately notify the . Public Utilities Department of any and all spills or releases in the water service area. City staff shall determine if an incident has occurred within a Wellhead Protection Area. City staff shall notify the State Warning Point, Department of Environmental Protection, or other regulatory agencies as required by law, depending on the nature and amount of the spill. Section 24-268. Authority and Responsibilities of the City. The City shall have the following powers and duties: (a) Administer and enforce the provisions of these Wellhead Protection regulations. (b) Render all possible assistance and technical advice to private well owners, except that the City shall not design or construct private facilities . (c) Perform such other administrative duties as may be necessary. (d) The City shall have the right to inspect privately owned facilities. SECTI ON 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. 90-07-198 5 AGENDA ITEM #7B DECEMBER I 1, 2006 Passed upon first reading and by the City Commission of the City of Atlantic Beach this __ day of , 2006. Passed upon fmal reading and public hearing this day of ------' ~2007 . Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA BUSSEY City Clerk 90 -07 -1 98 6 DONALD M. WOLFSON Mayor/Presiding Officer AGENDA IT EM #7B DECEMBER II, 2006 Wellhead Protection Area w 0 1,000 2,000 4,000 Feet N Legend COAB Production wells * Privately owned deep well 1!1 Privately owned shallow well s D 500ft Well Buffer CHAPTER 62-521 WELLHEAD PROTECTION 62-521.100 62-521.200 62-521.400 Scope and Intent of Wellhead Protection. Definitions for Wellhead Protection. Ground Water Protection Measures in Wellhead Protection Areas. 62~521.100 Scope and Intent of Wellhead Protection. AGENDA ITEM #7B DECEMBER I I, 2006 (1) Florida's ground water resource is the primary source of drinking water in the State, supplying over 90% of all public water supply. (2) The intent of wellhead protection is to protect potable water wells, as defined in Rule 62-521.200, F.A.C., from contamination, and to prevent the need for their replacement or restoration due to contamination. (3) The scope of this chapter is to provide more protection to potable water wells by establishing a statewide wellhead protection program which includes: (a) Criteria for delineating wellhead protection areas, and (b) Department imposed permitting and monitoring requirements within these areas. (4) This chapter is not intended to discourage local governments from establishing more comprehensive or more stringent protection measures. Specific Authority 403.061 FS. Law Implemented 403.021, 403.062 FS. History-New 7-13-95. 62-521.200 Definitions for Wellhead Protection. For the purpose of this chapter the following definitions shall apply. For other terms used in this chapter, the definitions contained in Chapters 62-520 and 62-522, F.A.C., shall prevail over definitions established elsewhere by Department rule. (1) "Community Water System" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. (2) "Existing Installation" means any installation including its zone of discharge established under Chapter 62-522, F.A.C., or other Department rule, regulated under this chapter which, on or before 90 days after the effective date of this chapter, or before the commencement of construction of a potable water well whose wellhead protection area would include that installation: either has a Department construction or operation permit or authorization; has submitted a complete construction permit application; has filed a notice of intent to file an application under Rule 62-17.041, F.A.C., or an application under Rule 62-17.051, F.A.C., or has filed an application or request for a meeting with the Department under Rule 62-17.540, F.A.C.; or is exempt from Department permitting or ground water monitoring requirements. Except as provided in Rule 62-521.400, F.A.C., this chapter does not apply to existing installations. (3) "Installation" means any structure, equipment, facility, or appurtenances thereto, operation, or activity which may be a source of pollution. (4) "New Installation" means any installation other than an existing installation as defined in (2) above. (5) "Non-Transient Non-Community Water System" means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. (6) "Potable Water Well" means any water well which supplies water for human consumption to a community water system or to a non-transient non-community water system. For the purpose of this rule, any potable water well installed by an installation used to serve that installation's operation is excluded from this defmition. (7) "Wellhead Protection Area" means an area designated by the Department consisting of a 500 foot radial setback distance around a potable water well where ground water is provided the most stringent protection measures to protect the ground water source for a potable water well and includes the surface and subsurface area surrounding the well. Specific Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History-New 7-13-95. 62-521.40@ Ground Water Protection Measures in Wellhead Protection Areas. (1) The Department shall require new installations to meet the following restrictions within a wellhead protection area. (a) New domestic wastewater treatment facilities shall be provided with Class I reliability as described in Chapter 62-600, F.A.C., and flow equalization. New wastewater ponds, basins, and similar facilities shall be lined or sealed to prevent measurable seepage. Unlined reclaimed water storage systems are allowed for reuse projects permitted under Part ill of Chapter 62-610, F. A. C. (b) New reuse and land application projects shall be prohibited except for new projects permitted under Part III of Chapter 62-610, F.A.C. (c) New domestic wastewater residuals land application sites, as defined in Chapter 62-640, F.A.C., shall be prohibited. (d) New discharges to ground water of industrial wastewater, as regulated under Chapters 62-660, 62-670,62-671, and 62-673, F.A.C., shall be prohibited except as provided below: 1. All non-contact cooling water discharges (without additives); and 2. Discharges specifically allowed within a wellhead protection area in Chapters 62-660, 62-670, 62-671, and 62-673, F.A.C. (e) New phosphogypsum stack systems, as regulated under Chapter 62-673, F.A.C., are prohibited. -618 AGENDA ITEM #78 DECEMBER 11, 2006 (f) New Class I and Class III underground injection control wells, as regulated in Chapter 62-528, F.A.C., are prohibited. (g) New Class V underground injection control wells, as regulated in Chapter 62-528, F.A.C., are prohibited except as provided below: 1. Thennal exchange process wells (closed-loop without additives) for use at single family residences; and 2. Aquifer storage and recovery systems wells, where the injected fluid meets the applicable drinking water quality standards in Chapter 62-550, F.A.C. (h) New solid waste disposal facilities regulated under Chapter 62-701, F.A.C., are prohibited. (i) New generators of hazardous waste, as regulated under Chapter 62-730, F.A.C., which excludes household hazardous waste as defmed in 40 C.F.R. Part 261.4(b)(1) (1994), hereby incorporated and adopted by reference, shall comply with the secondary containment requirements of 40 C.F.R. Part 264 Subpart I (1994), hereby incorporated and adopted by reference. (j) New hazardous waste treatment, storage, disposal, and transfer facilities requiring permits under Chapter 62-730, F.A.C., are prohibited. (k:) New aboveground and underground tankage ofhazardous wastes regulated under Chapter 62-730, F.A.C., is prohibited. (1) Underground storage tanks regulated under Chapter 62-7 61, F.A.C., shall not be installed 90 days after the effective date of this rule. Replacement of an existing underground storage tank system regulated under Chapter 62-761, F.A.C., within the same excavation, or addition of new underground storage tanks regulated under Chapter 62-761, F.A.C., at a facility with other such underground storage tanks is exempt from this provision, provided that the replacement or new underground storage tank system is installed with secondary containment as required in Chapter 62-761, F.A.C. (m) Aboveground storage tanlcs regulated under Chapter 62-762, F.A.C., shall not be installed 90 days after the effective date of this rule. Replacement or upgrading of an existing aboveground storage tank or addition of new aboveground storage tanks which are regulated under Chapter 62-762, F.A.C., at a facility with other such aboveground storage tanks is exempt from this provision, provided that the replacement or new aboveground storage tank system meets the applicable provisions of Chapter 62-762, F.A.C. (n) Storage tanks which meet the auxiliary power provisions of Rule 62-555.320(6), F.A.C., for operation of a potable water well and storage tanks for substances used for the treatment of potable water are exempt from the provisions of this rule. Storage tanks regulated under Chapters 62-761 and 62-762, F.A.C., shall continue to meet the requirements of those chapters. ( o) Applicants should take note that to prevent the vertical migration of fluids, a water management district may require a construction permit for new water wells, which shall meet the applicable construction standards contained in Chapter 62-532, F.A.C. (2) Emergency equipment, including storage tanks, that is necessary to provide power to ensure a continuous supply on an emergency basis of public water supply, electrical power, sewer service, telephone service, or other essential services that are of a public benefit are exempt from the provisions of this chapter. This does not exempt these services from meeting other applicable Department rules. (3) Discharge to ground water from Department approved remedial corrective actions for contaminated sites located within wellhead protection areas shall not be subject to the discharge restrictions in this chapter. ( 4) Nothing herein supersedes more stringent setback or pennitting requirements contained in other Department rules. Specific Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History-New 7-13-95. -619 ORDINANCE NO. 95-06-92 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16 DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM #7C DECEMBER 11,2006 BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: The following provisions of Sections 23-15, 23-16 and 23-17 of the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows: "(a) Sec. 23-15. Intent. (5) Increase and maintain the value of land by requiring a minimum amount of trees to be incorporated into development; enhancement of City right-of- ways and easements with tree canopy; (7) Promote the conservation of potable and nonpotable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site-specific plant materials; encourage xeriscaping and use of native species; (b) Sec. 23-16. Definitions. Director means community dev=elopment director or the city manager's appointee city's representative responsible for administering building and site clearing Tree Removal permits. (c) Sec. 23-17. Applicability; removal of trees; mmmmm standards; permits; mitigation; development; enforcement; violations and penalties. (b)(2)(c) Any tree, including any public protected tree, that poses imminent danger to the public health, welfare or safety, and requires immediate removal without delay. In such instances, verbal authorization to remove a protected such tree may be given by the director. (d)(1) Permits for site clearing and the removal or relocation of a protected tree, including any public protected tree in a right of way or easement by a property owner, shall be obtained by filing an application. Approval of the application by the tree conversation board and issuance of a permit by the director shall be required Ordinance 95-06-92 Page 1 of3 AGENDA ITEM #7C DECEMBER 11, 2006 prior to any land clearing or grubbing, prior to any disturbance of the root system or site development, or prior to the occurrence of any changes to an existing developed site. The site shall be inspected to insure compliance with the approved site plan prior to any additional permits being issued. Application for site clearing and tree removal or relocation shall include the following: (d)(2) An application for a permit for the clearing, removal or relocation of a protected tree shall be reviewed as designated in subsection (b)(l) above and a decision shall be made thereon within fifteen (15) working days after receipt of such application or by agreement by both parties to a time frame. Any person, organization, society, association, corporation or agent thereof who intends to trim, prune, cut, disturb roots, or to destroy or remove any tree from any public easement, public property or right-of-way shall obtain a permit from the director board as discussed in (1) above. All work shall be conducted in strict accordance with the National Arborist Association Pruning Standards for Shade Trees, the American National Standards for Tree Care Operations (ANSI #Z133.1), and any additional conditions of such permit. The city and its franchise agents are exempt from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree within a public easement or right-of-way. (e)(2) Protected trees identified for removal on the site clearing or tree removal permit application shall be replaced with new planted trees, liDprotected trees or transplanted trees. In general, pProtected oaks removed shall be replaced only with oaks. With tree board concurrence, hardwood trees yielding a similar canopy may be used. The total caliper inches of replacement trees shall equal one-half (lfz) the total caliper inches of protected trees removed, unless otherwise approved by the tree conservation board. If multi-trunked trees are used as replacement trees, then the total caliper of the four (4) largest trunks shall equal the replacement caliper. New palms may be used only to replace protected palms removed. No replacement will be required for protected trees which are determined by the city to be dead or deteriorated as a result of age, insects, disease, fire, lightening or other acts of nature. (g)(3)c. If the site has been cleared and the trees have been removed from the site so that the director is unable to determine with reasonable certainty the number of protected trees removed in violation of this subpart [section], the violation shall be corrected by paying a civil fine of up to one dollar ($1.00) fivedollars ($5.00) per square foot of land cleared, which fine shall be assessed by the code enforcement board. The contributions and fmes assessed under this subsection shall be payable to the city immediately within seven (7) days after assessment. All amounts received by the city pursuant to this subsection shall be deposited in the tree replacement account. No work shall continue on the site until the tree replanting plan has been approved or the contribution and/or fine has been collected." Ordinance 95-06-92 Page 2 of3 AGENDA ITEM #7C DECEMBER 11, 2006 SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Sec. 23-17(g)(3)d., which section shall read as follows: "(g)(3)d. After a notice of violation has been issued by the city inspector, an additional reinspection fee of Fifty and 00/100 Dollars ($50.00) shall be paid to the city before any work may begin again. " SECTION 3. This ordinance shall become effective immediately upon its fmal passage and adoption. PASSED by the City Commission on first reading this __ day of ___ _ 2006. PASSED by the City Commission on second and final reading this day of -----' 2006. ATTEST: Donna Bussey, City Clerk Donald M. Wolfson, Mayor Approved as to form and correctness: Alan C. Jensen, City Attorney Ordinance 95-06-92 Page 3 of3 I CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM #SA DECEMBER I I, 2006 AGENDA ITEM: Request from Judy Jenness for a Use-by-Exception for the Atlantic Theatre site located at 751 Atlantic Boulevard to allow on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only) for the Freebird Live. (Continued from the July I Oth meeting of the City Comn!ission.) SUBMITTED BY: Sonya Doen, AICP ~ Community Development Director DATE: December 4, 2006 BACKGROUND: This request was before the City Commission in July and was deferred at that meeting to allow the Applicant to address concerns expressed by the · Commission. Since that meeting, the Applicant had made a business decision not to pursue relocation from Jacksonville Beach to Atlantic Beach, but has now reconsidered and wishes to pursue approval of the requested Use-by-Exception. No action, other than defenal, was taken by the Commission at the July lOth meeting, so this request may again be considered. Additional information related to questions raised by the Commission is provided in the attached letter from Alan Dickinson, owner of the North Beach Center, on behalf of the Applicant. City staff has met with and discussed various issues with the Applicant over recent weeks. The Atlantic Theatre prope1iy owner, Ms. Jenness and Mr. Dickinson have made ce1iain commitments to address various issues. Several conditions are recommended to include these as binding commitments to accompany any action to approve this request. • Security: The Applicant has provided that one security guard is provided for each expected 100 patrons, and that additional security, including off-duty police officers, is hired, as needed for larger shows and better known miists. Staff has observed, at the existing Freebird Live location in Jacksonville Beach, that door security, internal security, and age/ID checks are very closely controlled. Recommended Condition #1: For any show that can be reasonably anticipated to generate crowds in excess of 600 persons, the Applicant shall advise the City's Department of Public Safety of planned security for such events not less than 14 days prior to such show. If determined by the Chief or Captain to be in the best interest of the City, the Applicant shall provide uniformed off-duty officers at times and locations as determined to be appropriate by Public Safety. • Bus Parking: Owners of the Nmih Beach Center have committed to providing and maintaining adequate area at the rear of that prope1iy to provide parking for employees and band buses so that no buses would be parked directly behind the Atlantic Theatre building. Recommended Condition #2: Band buses or any service vehicles or equipment related to shows shall not be parked at the rear of the Atlantic Theatre building between the h ours of 6:00pm and 7:00am. AGENDA ITEM #8A DECEMBER II, 2006 • Patron Parking: Parking will be provided for the Freebird on-site and at the adjoining North Beach Center. Tenants of the North Beach Center support this request, believing additional business activity will be generated prior to the beginning of shows at the Freebird. Based upon observation of typical parking during evening hours, there appears to be adequate parking for what the Applicant has advised are typical shows, which are 300-600 ticket events. Staff has asked Ms. Jenness to provide schedules to the City and to inform the City of particular shows, which may have full house crowds where extra demands on parking may be expected, and to address how such extra parking needs will be met in writing to the City not less than 14 days prior to such shows. Recommended Condition #3: In the case that on-site parking, which includes parking areas of the North Beach Center, is demonstrated to be routinely inadequate to accommodate typical musical events in the determination of the Public Safety Director, permanent alternative arrangements for additional parking shall be provided. Recommended Condition #4: The Applicant shall be responsible for monitoring patron parking to ensure that parking is limited to designated parking areas and not along public right-of-ways. All parking and exterior areas shall be maintained in a clean and debris-free manner. Recommended Condition #5: The Applicant shall provide a schedule of performers and show times to the City as these are available, and further, shall notify the City of particular shows that can be reasonably anticipated to generate larger than typical crowds where additional parking may be needed and to address in writing how such additional parking will be accommodated not less than 14 days prior to such shows. The Atlantic Theatre and the new adjacent Bailey's gym location are under the same ownership. While this is a private issue between the property owner and his tenants, the property owner has agreed to reserve and mark 20 spaces for the exclusive use of the new Bailey's gym, and will assume responsibility for enforcing this restriction. BUDGET: No budget issues. RECOMMENDATION: Consider approval a Use-by-Exception for the Atlantic Theatre site located at 751 Atlantic Boulevard to allow on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only) for the Freebird Live, subject to the conditions stated herein and other conditions as may be requested by the City Commission. The Community Development Board unanimously recommended approval of this request at their June 20, 2006 meeting. ATTACHMENTS: Information provided by Alan ickinson on behalf of the Applicant. December 11, 2006 regular meeting December 1, 2006 Mayor Donald M. Wolfson Commissioner J. Dezmond Water, III Commissioner Sylvia N. Simmons Commissioner Jamie Fletcher Commissioner Mike Borno City Manager Jim Hanson City Clerk Donna Bussey 800 Seminole Road Atlantic Beach, FL 32233 RE: 11Freebird Live"-Dec. 11th Meeting AGENDA ITEM #8A DECEMBER 11, 2006 We would like to thank Mr. Jim Hanson, Captain Classey, Chief Thompson, Ms. Sonya Doerr, Mr. Chris Hionides and Ms. Judy Jenness for the generous amount of time each has dedicated to helping us address The Commission's concerns raised at the previous Commission meeting. Freebird Live is a state of the art music venue hosting live concerts of every kind of music. Artists who have performed at Freebird Live include: Willie Nelson, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin and Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Erik Johnson, Victor Wooten, Marty Stuart and The Del McCoury Band. Parking should not be an issue. Pursuant to Ms. Judy Jenness, ticket sales for most concerts are between 300 and 600 tickets with only an estimated 8 concerts a year reaching the capacity of 1,000. Most concert goers do not enter Freebird Live until the music begins. Music generally starts at 10:00 PM except for 11 all ages" concerts of about 10 per year that attract concert goers between the ages of 14 to 18 which will start music at 9:00 PM. Most of the 11 all ages" goers are dropped off by their parents. Tour buses and employee parking will be at the rear Truck Court of North Beach Center, adjacent to the theater (see attached aerial). The tenants of North Beach Center are hopeful the vision of a real and profitable entertainment center be realized. Security is always provided by Freebird Live. The formula is one security guard for every 100 concert goers. Freebird Live is willing to hire off-duty police officers for shows with higher capacity. AGENDA IT EM #8A DECEMB ER 11,2006 Cleanliness has always been important to North Beach Entertainment Center and owners agree to increase parking sweeping as required to maintain a first class Entertainment area. Ms Judy Jenness says security guards would also be responsible for clean up of the parking lot at the end of the concert. Bailey will be provided, per Mr. Chris Hionides, 20 late evening dedicated parking spaces adjacent to the gym. Each of these spaces will say Tow Away-Baileys Members Only and unauthorized vehicles will be subject to being booted. Also, attached are "In favor" petitions signed by eager businesses needing the anticipated boost of business Freebird Live would bring to our Atlantic Beach, North Beach Entertainment Area. From the Publix Shopping Center all the way to Ragtimes, business owners on either Neptune or Athmtic Beach side of Atlantic Blvd. are supporting Freebird Live. North Beach Entertainment Center has been applauded in Shorelines, Beaches Leader and awarded by the City of Atlantic Beach. Even the residences behind the entertainment center have seen a robust improvement since the redevelopment of the blighted Pic N' Save; however, the reality is North Beach Entertainment Centerhas never taken off. We have lost high end tenants like Wasabis, Sollessa and others. Tree Steakhouse, Po Boys and Comedy Club need our support. In fact, Chris Hionides is poised to lease the comedy dub to a church. It is likely without the catalyst of Freebird Live, the area will slowly decline backward toward only a marginal entrance to the City of Atlantic Beach with current business being replaced by less vibrant and less entertaining establishments. These businesses want to make Atlantic Beach a significant cultural center of Jacksonville. Please consider granting Freebird Live a Use by Exception for the Atlantic Theater. Freebird Live will bring great music to Atlantic Beach residents and much needed business for restaurants and shops in the area. This proposed hub of culture and commerce will attract patrons to spend more time and money in the Atlantic Beach area as an alternative for entertainment. Respectfully, Alan Dickinson North Beach Entertainment Center 904-993-2222 1 ·~8 L I- ... :'f'-~.. . • - ·~r~r~'/' ' ~ .. ~ AG ENDA ITEM #8 A DEC EMB ER II , 200 6 AGENDA ITEM #SA DECEMBER 11, 2006 i;wo 'North First Street . Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets.sales for most concerts would be between 300 and 600 with only 6 to.8 concerts a year reaching the new capacity of 1000. The doors formost concerts would open af 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many ~oncert goers in the beach area like to ride bicyles to concerts. The "all ages" concerts.._thafstart early are attended by concert goers who do not drive and their parents drop th~m off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. $orne concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean~up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. P. r· ~ Jl\ -~ ~/) · Nam~llt~A/cCk -~'v\1~\ G:/1 ~8.. -rt\.' '. ,r\'S l) ~ 0 ({.) Business_--'"""• =-'-'V.::....:<..\,.L).:::=--=--~'f'=''""'/\J""''~,_,.-_'-p_. _\_.)("""""~- \~ () 'l P?t·tt<.vch c b \ \j tl Address ' \, \ 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Streeti Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 .to 8 concerts a year reaching the new capacity of 1 000. The doors for most concerts would open' at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Ma!1y concert goers in the beach area like to ride bicyles to concerts. The "all ages" conce.[ts that start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name ~k{L-tt¥ ~~ Business ~1/,1 <'· U/~ Addressi~OJi t4k' c:F:J~L4£~~---~ t ,, \ 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street; Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed atFreebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 .to 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open' at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Ma~y concert goers in the beach area like to ride bicyles to concerts. The "all ages" conce.(ts that start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach~ Name tJ;t.i()tJ/J-Y )-, /J./!UY { OL/p~) Business ~l;i 5.R#/ht>'t} Address ~;1;_;__9--=---3-~--=--~~~---::rf::=;--:)1/:-7.!. ~~-=--~ •-. 200 North First Street Jacksonville Beach, FL 32'250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street; Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6Jo 8 concerts a year reaching the newcapacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Ma~lY concert goers in the beach area like to ride bicyles to concerts. The "all ages" conc~(l:s that start early are attended by concert goers who do not drive and their parents drop Jhem off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 PO concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Nam~\? CUW\U t~A_)€X~ Business 1·'-\(]5 ~~*\C:x=Jte_-=iccOJtJ\__ AddressWlec\of\~ ~ J.. "' ;t·H~~ ·he ~ I...,J\._) /tflCJ'1 rA L~ ~~· ... , .. , 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street; Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 !o 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Mafly concert goers in the beach area like to ride bicyles to concerts. The "all ages" conce.(ts that start early are attended by concert goers who do not drive and their parents drop ,them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name ~ \ cz:y (AJCt ( ( J Business \--y·_\)OOO\ (l"::> Address 435 8+\0.{jt\C {6\ \ld· •·, 200 Nort:h First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors· for most concerts would open at Spm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. M9ny concert goers in the beach area like to ride bicyles to concerts. The "all ages" conq!?rts that start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name __ ~--~~~----~~~~-~----____ ___ Business-,---,--:;:..__:..· ______ _,_'_-...... , _,_-____ -...:.i __ -'--------- Address __ c ________ _,_,_1 ____ ..:.._., __ ..:..-~;----~--~L-- ' ' lo -•• ·•.· 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1 000. The doors for most concerts would open at 8pm with music starting at 10pm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Mqny concert goers in the beach area like to ride bicyles to concerts. The "all ages" conq~rts that start early are attended by.concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goe~s. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants ::::hopz Z4gning below you may help Freebird Live relocate to Atlantic Beach. Business [/;/ f/inJ/1 Address_....:.....oq '~f _ __,_fl/4.1...!.!.:~;,;;_.:~;.:._t'------i'~"'--"'~'--'-;-H) f_[_ !200 North First Street . :Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets_sales for most concerts would be between 300 and 600 with only 6 to.8 concerts a year reaching the new capacity of 1000. The doors for·most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many 90ncert goers in the beach area like to ride bicyles to concerts. The "all ages" concerts thafstart early are attended by concert goers who do not drive and their parents drop th~rri off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. $ome concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name JARE"JP l. {/!Jfmltt ~ess JJ?!'JJ , 7h"" Address /4 () I /t 1c,A {If<! t it t/.1) NE/1/Jft/E l:iCi:/1 F ~ ~-\ s~V\ !:wo 'North First Street _ Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts elf every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets _sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1 000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many ~oncert goers in the beach area like to ride bicyles to concerts. The "all ages" concerts}hat start early are attended by concert goers who do not drive and their parents drop th\'3m off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. $orne concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name Wli t.iT&~W Business S\1)(~ ] Address _ __,_\_,_\ 20~"--~_k.,_,' _. CJ.~-· vAJ"-"'--. __ _ 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. M~ny concert goers in the beach area like to ride bicyles to concerts. The "all ages" conc~rts that start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name Business 1!li·, MLANiJCC .. GWD Address ATLt"l-t~1-·J:c (';)t;.AC(l=L) ~8&3..3 !200 North First Street .Jacksonville Beach,·FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North· First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets .sales for most concerts would be between 300 and 600 with only 6 to .8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 10pm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many ~oncert goers in the beach area like to ride bicyles to concerts. The "all ages" concerts)hafstart early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. $orne concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean~up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. •'\ Name JJp~) ~Ci LAJ\ji{!_ K t \ } GAh r Business,D Ct ~\C{_ '-· ~N~ a l)2{C Address g-z_:-z_ ?f.;\. I!"\ 4-ee s· .. 0AY- X~tA-cJ"\ ~ e~2?$b !200 North First Street . Jacksonville Beach, FL 32250· FAJ(:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets_sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many ~oncert goers in the beach area like to ride bicyles to concerts. The "all ages" concert~ thafstart early are attended by concert goers who do not drive and their parents drop th~m\ off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. $ome concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many concert goers in the beach area like to ride bicyles to concerts. The "all ages" concerts that start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. ' Address 2$' S 5a_;_sz.f~ ; 200 North First Street _!Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts elf every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Waiters, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets.sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many 90ncert goers in the beach area like to ride bicyles to concerts. The "all ages" concer1$.._thafstart early are attended by concert goers who do not drive and their parents drop th~m· off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean~up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. 1\ ' I) '\ . NameG-. OCt Q,}.:Q;Q .-~ i)J Busine~s UGvOaJ ... /,_fLA._, ( 0--ll{,.r 11-e( ,'vjc,·1 «-Y'"·-) AddressC1¥Y i:S Q+fw,--hc _{j \1ti £91-1 f1;,h ·1-1 3J-d-9~ .... j200 North First Street .'Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets_sales for most concerts would be between 300 and 600 with only 6 to.~ concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many ~oncert goers in the beach area like to ride bicyles to concerts. The "all ages" concert~:;,thafstart early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. ~orne concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name 5·;\~ll-' He-·-r vt-~ ( &. ... (.,-,, f .tli"''"''f( .rJ / Business fv L \, '1--£.,_,, .... ~-o .• ~-·t.·f J Address "'lJ~-,_+h~t:<-!Jtv), '~-~ fi'ff \ '1·h t I) e.:. t L J 'f""/ 1 L. .,_}] !200 North First Street . !Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird · Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, SteveVai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets,sales for most concerts would be between 300 and 600 with only 6 to .!3 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many (::oncert goers in the beach area like to ride bicyles to concerts. The "all ages" concerts}hafstart early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. $orne concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capaCity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and s;z~ signing below you may help Freebird Live relocate to Atlantic Beach. Name~ {~0~ ·n r ~ r{ Business\./L l ~ k: ~ 5<?f\C. Address t'tO\ b~ANI1 (., 6t..\.J.D ~200 North First Street . 1Jacksonville Beach, FL 32250- FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets.sales for most concerts would be between 300 and 600 with only 6 to .8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at Spm with music starting C!t 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many 9oncert goers in the beach area like to ride bicyles to concerts. The "all ages" concerts.._that'·start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. $ome concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. i200 North First: St:reet: . !Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets ;sales for most concerts would be between 300 and 600 with only 6 to.B concerts a year reaching the new capacity of 1000. The doors for most concerts would open at Bpm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many 90ncert goers in the beach area like to ride bicyles to concerts. The "all_ages" conce~ .. that'start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name 'Pal-o clc_ '\:) 9*r· a. jVl Business S:>a ('c_ Drt~Ve -IN Address { 3/ f l+ffr{nh C-c 'B { vc{. A+-1 s ... he fJe~v(J ft:-/ J'Zz.J? !200 North First Street _:Jacksonville Beach, FL 32250· FAUC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets_sales for most concerts would be between 300 and 600 with only 6 to .8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open af 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many concert goers in the beach area like to ride bicyles to concerts. The "all ages" concerts.:;_thafstart early are attended by concert goers who do not drive and their parents drop th~m off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. $ome concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name (\A_\ v-; c;.. ..-, Business Pc._ P C6 J 6 \ \ a'· S Address 7/ Q-J ~\-\-\c. o {=,~c. B \ v'CJ\ 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind· of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors· for most concerts would open at Spm with music starting at 10pm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Mc:tny concert goers in the beach area like to ride bicyles to concerts. The "all ages" conc~rts that start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goe~s. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name f~ll4 b0-Klexr I Business B..~CL .. ) o \rul\.''S \?1 2-W- Address 'l I '5-[ Vjj·{~ c_ b.\ -Jd · ,. !zoo North First Street .1acksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets,sales for most concerts would be between 300 and 600 with only 6 to .8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 10pm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many ~oncert goers in the beach area like to ride bicyles to concerts. The "all ages" conce~,_thafstart early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Free bird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. $orne concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean~up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name E/1se .A . {<u_c_\rillq. f1.M· Business w~(A_~\~c~cc0eR Address l2o \ li\-± l<Ar\.=-\-(C . . b\~ . 1 :\ !200 North First Street .Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets.sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open ai 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many ~oncert goers in the beach area like to ride bicyles to concerts. The "all ages" concert~ .. thafstart early are attended by concert goers who do not drive and their parents drop th~m off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goers. $orne concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean~up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many concert goers in the beach area like to ride bicyles to concerts. The "all ages" concerts that start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing b~low you may help Freebird Live relocate to Atlantic Beach. Lj t d-elh• t u IJDW ( W"'fr) Name Business C1 ;!}/, 4' .,e \ (if< )h.._ J) '-"J.J i b -1 ,A--y t c.~· v5.-\ v J... L ~ I Address ! 200 North First Street .'Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets~sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at Spm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many 90ncert goers in the beach area like to ride bicyles to concerts. The "all ages" concert~,_thafstart early are attended by concert goers who do not drive and their parents drop th~m off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. $orne concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shoR in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Business f}:bc , }NVL. V\1)\\~ d-~[Yit S Address JqS: JL~f PalmS ~-... (r{~,,Je-Eltlch i200 North First: St:reet: . Jacksonville Beach, FL 32250· FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets .sales for most concerts would be between 300 and 600 with only 6 to.8 concerts a year reaching the new capacity of 1000. The doors for·most concerts would open at 8pm with music starting at 10pm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many concert goers in the beach area like to ride bicyles to concerts. The "all ages" concert~~thafstart early are attended by concert goers who do not drive and their parents drop th13m off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean~up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. 1200 North First Street . Jacksonville Beach, FL 32250· F}U{:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts df every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 to .,8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14 -18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Many 90ncert goers in the beach area like to ride bicyles to concerts. The "all ages" conceli$)hafstart early are attended by concert goers who do not drive and their parents drop th~m off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 1 00 concert goers. $orne concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean~up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. Name Business ... Address 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone: 904-246-BIRD Freebird Live, located at 200 North First Street, Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed at Freebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 to 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Mtlny concert goers in the beach area like to ride bicyles to concerts. The "all ages" conc~rts that start early are attended by concert goers who do not drive and their parents drop them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goe("s. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Livewill bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. 200 North First Street Jacksonville Beach, FL 32250 FAJC:904-249-0850 Telephone:,904-246-BIRD Freebird Live, located at 200 North First Street; Jacksonville Beach, would like to relocate to the Atlantic Theatre in Atlantic Beach. Freebird Live is a 700 seat, state of the art music venue hosting live concerts of every kind of music. Some of the artists that have performed atFreebird Live include Willie Nelsom, Blues Traveler, Ziggy Marley, The Indigo Girls, Merle Haggard, The Neville Brothers, The Wailers, Medeski Martin & Wood, Yonder Mountain String Band, Galactic, Damian Marley, The Charlie Daniels Band, Steve Vai, Eric Johnson, Victor Wooten, Marty Stuart, and The Del McCoury Band. · Parking should not be an issue. Tickets sales for most concerts would be between 300 and 600 with only 6 !o 8 concerts a year reaching the new capacity of 1000. The doors for most concerts would open at 8pm with music starting at 1 Opm. A few "all ages" concerts that attract concert goers between the ages of 14-18 may start at 9pm. Most concert goers would not arrive for a concert until the music begins. Ma~y concert goers in the beach area like to ride bicyles to concerts. The "all ages" conce.[ts that start early are attended by concert goers who do not drive and their parents drop,them off and pick them up. Artists that have busses and trucks will park in the loading area behind the Tree Steakhouse. Freebird Live would use private security. The formula that would be used is one security guard for every 100 concert goer&. Some concerts may require more security at the request of the artists. Freebird Live would be willing to hire off-duty police officers for shows that reach the higher capacity. Security guards would also be responsible for securing the parking lot and clean-up of the parking lot at the end of each concert. Freebird Live will bring great music to Atlantic Beach and much needed business for restaurants and shops in the area. By signing below you may help Freebird Live relocate to Atlantic Beach. b (\V-1 <-lt w \VI On'\ S ' ~.,, '\ .. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM # 8B DECEMBER 11,2006 AGENDA ITEM: New Sidewalk Construction for FY 2007 SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: November 15, 2006 BACKGROUND: At the October 23rct Meeting, the Commission approved Staffs recommendation to construct new sidewalks on W. 61h and W. 101h Streets, but requested research into means to fix the cross-slope issue on several segments of sidewalk on Orchid and Rose Streets Significant portions of sidewalk along Orchid and Rose Streets were constructed with cross-slope exceeding the Americans with Disabilities Act (ADA) Standards for Accessible Design (2%). This issue occurred because sidewalk was installed without detailed construction plans or survey, and was formed to match existing driveways and ground slopes. Since 2004, all sidewalks and bike paths have been constructed with a maximum 2% cross-slope specified. Staff proposes to use the City's annual concrete contractor (Gruhn May) to repair . the deficient areas on a worst-case segmental basis to the limit of funds remaining in the current year budget. Staff expects repairs could be made to all segments with 8% or greater cross-slope (-1300 LF) and a portion of sidewalks with cross-slope between 5% and 8% with the $38,000 remaining from theW. 6th and W. 1oth Streets projected costs. Should bids for theW. 61h and W. 1oth Street sidewalks come in below Staff estimates, the remaining funds would also be used for cross-slope repair. For sidewalks between 2% and 5% cross-slope, Staff recommends no correction be made. Sidewalks with cr9ss-slopes in this range exist throughout the City, and do not cause a mobility issue to residents. Funds to repair the remaining portion in the 5% and 8% range would be requested in the next year's budget. Because construction of the W. 61h and W. 1oth Street sidewalks will be bid out, start of construction is not anticipated until after the beginning of the year. Use of the annual contractor would allow a more timely response to correcting the deficient sidewalk. · BUDGET: New sidewalk construction is funded using the Half Cent Sales Tax Fund, 131- 5002-541-6300, Project PW0707, Initial Balance $120,000. Budget estimates for the approved W. 61h and W. 101h Street sidewalks totaled $81,400. RECOMMENDATION: Approve Staff use of annual concrete contractor to remove existing sidewalk and driveways and construct new sidewalk meeting cross-slope standards. ATTACHMENTS: 1. Sidewalk Slope Sketch December 11 1h, 2006 Regular Meeting I /3 io I I ~ <Jo_ IlK --AGENDA ITEM # 8B DECEMBER 11,2006 --~~---·~=-""'-"-~' ..._ ~ /:, 0 AGENDA ITEM# 8B DECEMBER 11, 2006 - f- I AGENDA ITEM# 8B DECEMBER 11,2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Recommendation for New City Sanitation Contract SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: November 24, 2006 AGENDA ITEM# 8C DECEMBER 11,2006 BACKGROUND: The City's contract for Sanitation services with Waste Services of Florida (WSI) expires on May 31, 2007 (extended for one year in November 2005). As discussed during Strategic Planning, the City hired a Solid Waste consultant, Redman Consulting Group (RCG), to assist with preparation of a Request for Proposals (RFP) for the new Sanitation contract. Using the existing contract as a starting point, the RFP was structured to provide a comparison between continuing the same service level as currently exists in Atlantic Beach and switching to either semi- automated or fully automated garbage collection, with green waste collection remaining as manual pickup. It also compared a seven-year contract to the current five-year term to allow more time for amortization of new equipment costs. The RFP requires all new equipment at the beginning of the contract. Four firms submitted proposals in response to the RFP, Advanced Disposal Services, Republic Services (Southland Waste), Waste Pro and WSI. As indicated in the letter from RCG (Attachment 1), the recommended provider and option is conversion to automated collection by WSI for a seven-year contract. The recommended alternative has a residential service level providing for one pickup per week for garbage, recyclables and green waste. It also includes the hauler providing the Toter containers (96 gallon standard size, smaller containers available) to be used for the automated pickup. The WSI proposal would continue the current standard of matching days for recyclable collection and household garbage, with potential for the same day for green waste (to be negotiated). Collection would be distributed through out the week, with green waste collected by zones just as garbage and recyclables are now. In addition to being the lowest cost alternative, automated collection provides additional benefits to the City, including substantial reduction in spilled trash. Commercial and Multi- family Residential (front end loader I dumpster) service would remain essentially as performed under the current contract. The per housing unit cost for the residential collection for both the December 11, 2006 Commission Meetinq ·· ..... RCG,1nc. Consulting November 20, 2006 Mr. Rick Carper Director ofPublic Works 1200 Sandpiper Lane Atlantic Beach, Florida 32233 7017 S. Atlantic Avenue New Smyrna Beach, Florida 32169 Phone 386-427-9339 Fax 386-427-4549 Cell 386-527-8667 E-mail B!LllRriJlAOL.COM • . . AGENDA ITEM# 8C . . . DEC. EMBER 11, 2006 0~ "'-~!!t~ "'L/-~ !!!J:. $ g 2. ~ ~~ ~ Oor; I "/ '/ Subject: Analysis and recommendation of award for RFP # 07-01 Solid Waste Collection Dear Mr. Carper: Our firm has reviewed the five (5) submissions of the RFP # 07-01 for residential and commercial solid waste collection services as per the summary below: Of the five (5) firms submitting, four (4) submitted full proposal packages and one (1) submitted a NO RESPONSE. Waste Management of Florida, Inc. submitted a NO RESPONSE while Advanced Disposal, Republic Services, Waste Pro and Waste Services ofFlorida, Inc. submitted full responses which all complied with the RFP specifications and submittal requirements. We have fully analyzed all components of each submission and offer the following: ADVANCED DISPOSAL: • Although Advanced Disposal appears to offer more equipment and manpower their pricing is the highest of all of the proposer's for residential. Advanced does not mention a dedicated supervisor for the City of Atlantic Beach and they do not address the use of a pup truck recommended for use on certain streets and areas. Advanced agrees to comply with the contract requirements of all new collection equipment for the collection of residential waste. • Advanced Disposal is the second lowest proposer for the commercial collection and would comply with the contract requirements of all new collection equipment and containers. REPUBLIC SERVICES: • Republic Services' proposal for residential collection is the second lowest proposal under the current system of cans and bags for either a five or a seven year contract but is highest under the toter system for either a five of seven year contract. 0 . •. • 0 • • • • • • • • • • • • • • • • • • • • • • · .· · ... W(}ste Co11sulting to City and County .Mancigemen( • : ·!. ·' ..... ~, November 21, 2006 Page2 AGENDA ITEM # 8C DECEMBER 11, 2006 o Republic Services offers a sufficient amount of new equipment and manpower to provide the required services to the residential units within the City. Republic does mention within their submittal the use of a pup truck for the recommended streets and areas within the City. There is no mention of backup equipment in case of equipment failure. • Republic Services is the third highest proposer for providing the commercial services to the City and comply with the requirement of providing all new collection equipment and containers to the commercial businesses within the City. WASTE PRO: • Waste Pro appears to offer more equipment and manpower to provide the services to the City and complies with the RFP document to provide all new equipment. Waste Pro is the third highest proposed pricing for providing the residential collection services for the current system of cans and bags but second lowest proposer for a five year contract converting to a system of toters and third highest proposer for converting to a system of toters for a seven year contract. Waste Pro also makes the statement that "all employees will be full time employees and no temporary labor force will be used". Waste Pro also will comply with the use of a pup truck in those areas recommended by the City. • Waste Pro is the highest of all of the proposer's to provide the commercial collection services. Waste Pro agrees to provide all new collection equipment and containers for the commercial businesses. WASTE SERVICES: • Waste Services has offered the City the lowest pricing for providing services to the City across the board in all options. However I must question the amount of equipment and manpower they have proposed within their submission to adequately provide a high level of quality service to the residents. The equipment listing will need to be further qualified if the City so chooses Waste Services to contract with. Waste Services agrees to provide all new collection equipment as per the RFP document and they have identified and agree to use a pup truck in the areas recommended by the City. Waste Services has identified within their proposal the additional backup equipment in case of equipment failure. • Waste Services has offered the City the lowest pricing for providing the commercial collection services to the City across the board in all options. Waste Services agrees to comply with the RFP document for all new collection equipment and containers for the commercial customers. After careful review and analyzation ofthe submissions by the four proposer's our recommendation is as follows. We recommend the City of Atlantic Beach enter into final contract negotiations with Waste Services of Florida, Inc. to provide residential and commercial collection and disposal services to the City on the basis of converting the current residential collection system of residential owned cans and bags to an automated toter collection system one time per week for a seven year contract. November 21, 2006 Page3 AGENDA ITEM# 8C DECEMBER 11' 2006 We look forward to working with the City and the chosen contractor to finalize this project. If you have any questions please do not hesitate to call on us. Sinc~erely, ~~ _.,...-?~~-~ ..... ~~_......-~ ./ .#"' William S':"Redman, Jr. Senior Vice President cc: JeanS. Redman, President City of Atlantic Beach Residential Proposal Tabulation November 17, 2006 Monthly Cost per unit .Propos~r Resi 5 yr Cans & Bags Resi 5 yr Toter -Resi 7 yr Cans & Bags 1x 2x 1x 2x 1x 2x Advanced $17.60 18.95 19.05 20.75 $17.60 $18.95 Second Toter 20.00 Republic $15.04 17.20 19.41 23.50 $14.72 $16.62 Second Toter 9.00 Waste Pro $15.45 17.95 17.45 19.95 $15.45 $17.95 Second Toter 15.00 WSI $13.77 15.11 14.96 16.66 $13.45 $14.82 Second Toter 16.96 WMI no response no response no response no response no response no response Annual Totals Advanced $1,048,819.20 1 '129,268.40 1 '135,227.60 $1,236,534.00 $1,048,819.20 $1,129,268.40 Republic $896,263.68 1,024,982.40 1 '156,680.72 1,400,412.00 $877' 194.24 $990,419.04 Waste Pro $920,696.40 1,069,676.40 1,039,880.40 1 '188,860.40 $920,696.40 $1,069,676.40 WSI $820,581.84 900,435.12 891,496.32 992,802.72 $801,512.40 $883,153.44 WMI $0.00 #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! Residential Current Cost Resi Units 4966 %Increase 18.32% Recommended Service of Residential fully automated of 1 x solid waste 1x recycling 1x yard waste Current Rate $12.28 With fuel adjustment 7 Year contract Annual Cost $731,789.76 New Cost $865,871.76 * Blue denotes the recommendation Existing Cost $731,789.76 Monthly increase per home per month L___ ---I_ ---I --A11nual increa~ '--·-·· $134,082.00 18.32% $2.25 I Resi 7 yr Toter 1x 2x $19.05 $20.75 Second Toter 20.00 $18.47 22.33 Second Toter 9.00 $17.45 19.95 Second Toter 15.00 $14.53 16.24 Second Toter 16.53 no response no response $1,135,227.60 1,236,534.00 $1 '100,664.24 1,330,689.36 $1,039,880.40 1 '188,860.40 $865,871.76 967,774.08 #VALUE! #VALUE! v> mo ~~ ~o to> m_ "'""' -t:i :---~ "'"' ~t) City of Atlantic Beach required RFP documents check list 117-Nov-06 2:00P.M. Name of proposer #of Submission Books Submission Label Proposal Security Insurance Certs. Alternate Proposal List of Equipment Advanced 7 0 I YeS yes I yes I YeS ,yes Republic 7 0 es yes/ princi a! sig req I yes none yes Waste Pro 7 0 I yes yes I yes I yes I yes Waste Service 7 0 I yes yes faxing cop~ I yes !yes WMI no respon. 0 Operation Plan Summary Equipment 1x current 2x current 1x carts 2x carts 1~ 1x recyc Bulk drivers 1x helpers 1x drivers 2x helpers 2x drivers yw helpers yw drivers recyl Advanced 2 rl 4 rl 2rl 4 rl 1+1 rl 1 2 rl 2 2 4 4 1 1 1 Republic 2rl 3rl 2sl 3sl 2rl 2 rl daily 2 2 3 3 2 2 1 wasre:rF.?r.o 3 rl 3 rl 2sl 3 sl 1 rl1 cp 1 1 rl 3 3 3 3 2 1 1 WSI 1 rl 2 rl 1 sl 2 sl 1 rl 1 1 flat bed 1 1 2 2 1 2 1 WM n/a n/a n/a n/a n/a nla nla n/a n/a n/a n/a n/a nta n/a Notes: Automated recycle trucks ~~~~ Waste Pro states they will have a dedicated supervisor to Atlantic Beach and all employees will be full time no day labors WSI states they will have a dedicated supervisor to Atlantic Beach at all times. WSI states that during the peak season of yard waste collection they will add a third helper on the yard waste collection vehicle during those times. I WSI proposal states the verification of the recommended streets and areas for a pup truck to be used.l I Pricing Sheets yes yes yes yes helpers recyl spare trk 0 1 garbage 0 no statem 0 no statem 0 2 rl n/a nla I . --1 Addendum Acknowledgement I yes I yes yes yes RatPak 0 1 1 1 n/a -'-------· Signatures 1yes I yes I yes lyes - L..____._____ __ ?52; ~~ ~~ ::::;;;:: ;..,,. o., Zi:n C_!_ty_ of Atlantic Beach Commercial Proposal Tabulation November 17, 2006 3:00 p; M. Proposer Comm5vr 90Gal Toter Comm Hand Comm7yr 90Ga1Toter Comm Hand Per Cubic Yard er collection Pickup monthly Per Cubic Yard ercollection Pickup month! Advanced $3.25 $11.00 $11.00 $3.25 $11.00 $11.00 2nd toter $10.00 2nd toter $10.00 Republic $3.56 $9.50 $38.97 $3.56 $9.60 $38.97 2nd toter $9.00 2nd toter $9.00 Waste Pro $4.00 $7.00 $32.00 $4.00 $7.00 $32.00 2nd toter $6.50 2nd toter $6.50 WSI $1.66 $9.98 $7.98 $1.60 $9.90 $7.90 2nd toter $11.98 2nd toter $11.90 WMI no response no response no response no response no response no response Annaul Totals 5 year 7Year Advanced $320,190.00 $320 190.00 Republic $350,731.20 $350,731.20 Waste Pro $394,080.00 $394,080.00 WSI $163,543.20 $157,632.00 WMI No Respons . #VALUE! #VALUE! Monthly Cost PCY Month! C.Y 8210 $12971.80 Annual C.Y. 98520 Annual Cost PCY $155,661.60 %Increase 1.27% 7 year contract Notes: ~ L __ Roll Off Compactor MonthlY_ Open Top Roll Off Compacta Lease Rate Roll Off Per Pull See Rates Below Per Pull $ 250.00 $ 250.00 Per Pull Per Pull $ 320.00 $ 250.00 Per Pull Per Pull $285.00 $ 180.00 Per Pull Per Pull $ 275.00 $ 275.00 Per Pull Per Pull no response $ - Compactor Month! lease rates Size Waste Pro Size 15 yard $ 425.00 15 yard 20 vard $ 440.00 20 yard · 30 Yard $ 475.00 30 yard 40 yard $ 525.00 40 yard Size Advanced Size 15yard $ 350.00 15 yard 20 yard $ 375.00 20 yard 30Yard $ 420.00 30 yard 40 yard $ 499.00 40 yard Size WM 15yard $ - 20 yard $ - 30 yard $ - 40y,.r:_d_ $ - Open Top Roll Off Open top roll off VIP Monthly rental fees delivery fees 5YR $ 75.00 $ 100.00 $ 120.00 $ 125.00 $ -multi $ 75.00 $ -multi $ 100.00 $ $ -$ - WSI $ 200.00 $ 250.00 $ 300.00 $ 350.00 Republic $ 550.00 $ 550.00 $ 550.00 $ 550.00 PCYprice 7YR 10.23 10.23 14.24 14.24 8.00 8.00 4.98 $ 4.80 o;r. mo om ~8 l:i:l;>- ~;:J ==~ N'lt Oco §;n .I ,. _:·· '\:,.:.,;.,..,,:' PROPOSAL FOR THE CITY OF ATLANTIC BEACH, FLORIDA SOLID WASTE, YARD WASTE AND RECYCLING COLLECTION AND DISPOSAL SERVICES RFP #07-01 OPTION 1. RECOMMENDED-WSI ALTERNATIVE PROPOSAL i:.(Recommendation) RESIDENTIAL WASTE (once per week service per household) AGENDA ITEM# SC DECEMBER II, 2006 iJ. Automated side-load service for residential trash 1 route per day; 5 days per week ,;~, 96 gallon or 64 gallon Toter {at the option of the City) to be provided by WSI ,J, Container size would be determined by the City/Residents depending on there individual needs RECYCLING (once per week service per household) 4 Automated Recycle service 1 route per day; 5 days per week 4, Recycling two stream (2 container service) ·~ 18 gallon Recycle Bin to be provided by WSI YARD WASTE (once per week service per household) ,;J. Rear-load manual yard trash service 1 day per week 4 Container to be provided by residents Exclusive Front-Load and Roll-Off Services available 1 route per day; 7 days per week See tcter.Srod;ures .attached for more details en f:.:urtaihers I RECOMMENDED :-:·OPTION .1~WSl ALTE~NATIVEPROPOSAL -···"'" .. Man Tue ... .. · Wed. Resi-Waste Side load 1 Route 1 Route 1 Route 1 Route 1 Route Resi-Recycling Side load 1 Route 1 Route 1 Route 1 Route 1 Route Rear Load Yard trash 1 Route 1 Route 1 Route 1 Route 1 Route White goods & Bulk Items 1 Route 1 Route Supervisor 1 Route 1 Route 1 Route 1 Route 1 Route Front End 1 Route 1 Route 1 Route 1 Route 1 Route Roll Off 1 Route 1 Route 1 Route 1 Route 1 Route :~s~RvlcE··········· ... ··.·TYPE Resi-Waste Side load Mack MR688 Manual/Automated Side Loader Resi-Recycling Side load 2007 Mack MR688 Manual/Automated Side Loader Rear Load Yard trash 2007 Mack MR688 Semi Automated Rear Load White goods & Bulk Items 2006 Ford F-650 . Flat bed white goods PacRat 2007 Ford F-650 small single axle side load Front End 2007 Mack MR688S Front Load Roll Off 2007 Mack CV713 Roll Off Nota: 1 Route 1 Route McNiel us McNielus McNielus Nicolas 12 yard box McNielus Galbreath WSI also has 2 additional current fleet trucks available in Ute event of equipment failure with the primary collection vehicle listed above. CONFIDENTIAL 17/11/2006 PAGE -7- AGENDA ITEM# 8C DECEMBER 11, 2006 recommended change to automated collection or to continue the existing level and method of service are substantially higher than current costs (See attachment 2). However, these projected cost increases are within the budget estimates discussed during Strategic Planning and Budget Workshops, and also at the November 2005 Commission Meeting. RECOMMENDATION: Staff concurs with the recommendation of the City's Consultant and recommends the Commission authorize negotiations with the recommended Hauler (WSI) with the goal of reaching an agreement on rates, services and schedules for automated collection of residential waste and to present a proposed contract to the Commission at the January ath meeting. Staff will present various rate options to the Commission in January after negotiating costs and other issues with WSI and after having had time to prepare the rate calculations based on those costs. Commercial rates should be restructured and options will presented to the Commission with these rate options. ATTACHMENTS: 1) Analysis and Recommendation of Award by RCG 2) Proposal Cost Comparison by RCG 3) Recommended Operational Plan by Waste Services of Florida BUDGET: Funds are budgeted in Sa~itation Account 420-4201-534-3401 (Pickup and Haul Contract-$1,034, 120.00). An increase in Sanitation Rates will be required to fund this new Sanitation contract. Even under the current contract, a Sanitation rate increase would have been required. The proposed rate increase will be brought to the Commission separately, upon completion of negotiations with WSI. STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Speed Bump Follow Up DATE: November 30,2006 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: AGENDA ITEM # 8 D DECEMBER 11,2006 At the November 13, 2006 City Commission Meeting, the City Commission discussed a petition from the Selva Linkside I Homeowners Association relative to adding speed humps to Linkside Drive. The Police Department expressed opposition to this, and several questions and alternatives were raised by Commissioner for further discussion. Question: Are there nationally recognized professional standards relative to the installation of speed bumps/humps? Answer: No. The Manual of Uniform Traffic Control Devices (MUTCD) is the most common reference for traffic control devices, and it does not recognize speed bumps/humps as traffic control devices. Speed bumps/humps are considered to be geographic roadway features. There was a Florida court case (Circuit Court of Sarasota County, Florida) where a judge required the removal of speed bumps because they were not recognized as traffic control devices under the MUTCD. Research showed that many cities adopt their own standards for evaluating the need for speed bumps/humps, and they vary greatly. Most cities rely on the same basic factors to evaluate a roadway before speed bumps/humps are considered: Numbers of vehicles: This varies greatly. Minimums range fi·om 50 vehieles per day, to 1,200 per day; Review of Speeds: This varies greatly from one government to the other. 85th Percentile speeds above the speed limit by at least 1 0 MPH, or above a specific speed i.e. 30 MPH are common standards; Crash Data: Showing a high incidence of correctable traffic crashes or speed related crashes; Available sidewalks; AGENDA ITEM# 8 D DECEMBER 11,2006 that location on Plaza. Despite law enforcement efforts, the crashes continued. When the rumble strips were installed, the crashes were greatly reduced. Is the number of vehicles traveling on Linkside Drive excessive? At the November 13, 2006 City Commission Meeting, the Police Department noted an average of approximately 900 vehicles per day on Link:side Drive traveling at an average speed of21 MPH. This amounts to 38 vehicles per hour. Based on the percentage of vehicles speeding 30 MPH or above, this would amount to 1 speeding car every 2 hours. The question emerged as to whether or not 900 vehicles per day was excessive for this roadway. The following data is provided relative to speed studies conducted on other city streets for comparison purposes: Average Vehicles per Hour on Other Roadways: 300 Block of Seminole Road 242 Vehicles per hour 300 Block of Eastcoast Drive 212 Vehicles per hour 400 Block of Sherry Drive 17 4 Vehicles per hour Levy Road 15 8 Vehicles per hour 400 Block of Ocean 110 vehicles per hour 1200 Block ofBeach Ave in August 66 Vehicles per hour West 9th Street 58 Vehicles per hour Linkside Drive 38 Vehicles per hour 1000 Block of Rose St 26 Vehicles per hour Donner Road 25 Vehicles per hour Sargo Road 25 Vehicles per hour 1200 Block of Main St 23 Vehicles per hour 400 Block of201h Street 21 Vehicles per hour 1800 Block of Ocean Grove 3 Vehicles per hour There are 161 Houses in Selva Linkside I and II. If they average 1.5 vehicles per household, and they make 4 Trips/day, then they would generate 966 Vehicles per day or 40 vehicles per hour. December 4, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: SUBJECT: AGENDA ITEM# 9A DECEMBER II, 2006 Donation of Bicycles; the City Police Department has traditionally cleaned out the inventory of abandoned bicycles in early December of each year and the ones in the best of condition are donated to the needy. This year, city staff at the Donner Park Community Center will be distributing the bicycles. Those rest of the bicycles that are not in a good state of repair are then disposed of. Beach Lighting Survey; the City of Jacksonville recently completed a lighting survey of beach . front areas as a condition of the most recent renourishment project. The report was prepared by Geomar Environmental Consultants Inc. of Cocoa, Florida and is dated October 1, 2006. The study found that "Overall, the night lighting survey showed very good. compliance by beach front residences with local directives to minimize lighting that could impact sea turtle hatchlings ... the Atlantic Beach and southern portion of the Jacksonville Beach survey areas were very dark when · compared to other developed beach fronts and should support sea turtle nesting with minimal or no impact." A list of lights visible from the beach was included in the appendix for each of the three Duval beach cities. The greatest number of lights visible from our beach were from either the Sea Turtle Hotel or the streetlights at the end of the beach end access points. Representatives of the design team preparing the plans for the Sea Turtle remodeling project were provided with a copy of the list and indicated that they would incorporate changes to the lighting with their upconring remodeling project. The Jacksonville Electric Authority was also contacted with a request to install shielding on the beach front streetlights. City staff will again send letters to each beach front property owner just before sea turtle nesting season and those houses that had specific notations in the study appendix will be provided this individual information along with their normal letter.